(b) DUTIES.—The Task Force shall examine and 
make recommendations regarding the Program, including 
recommendations regarding— 
(1) the development and implementation of the 
Program; 
(2) the criteria for the admission of temporary 
workers under the Program; 
(3) the formula for determining the yearly nu-
merical limitations of the Program; 
(4) the impact of the Program on immigration; 
(5) the impact of the Program on the United 
States workforce and United States businesses; and 
(6) any other matters regarding the Program 
that the Task Force considers appropriate. 
(c) INFORMATION AND ASSISTANCE FROM FEDERAL 
AGENCIES.— 
(1) INFORMATION FROM FEDERAL AGENCIES.— 
The Task Force may seek directly from any Federal 
department or agency such information, including 
suggestions, estimates, and statistics, as the Task 
Force considers necessary to carry out the provisions 
of this section. Upon request of the Task Force, the 
head of such department or agency shall furnish 
such information to the Task Force.
(2) ASSISTANCE FROM FEDERAL AGENCIES.— 
The Administrator of General Services shall, on a 
reimbursable base, provide the Task Force with ad-
ministrative support and other services for the per-
formance of the Task Force’s functions. The depart-
ments and agencies of the United States may pro-
vide the Task Force with such services, funds, facili-
ties, staff, and other support services as they deter-
mine advisable and as authorized by law. 
(d) REPORTS.— 
(1) INITIAL REPORT.—Not later than 2 years 
after the Program has been implemented, the Task 
Force shall submit a report to Congress, the Sec-
retary of State, the Secretary of Labor, and the Sec-
retary of Homeland Security that contains— 
(A) findings with respect to the duties of 
the Task Force; 
(B) recommendations for improving the 
Program; and 
(C) suggestions for legislative or adminis-
trative action to implement the Task Force rec-
ommendations. 
(2) FINAL REPORT.—Not later than 4 years 
after the submission of the initial report under para-
graph (1), the Task Force shall submit a final re-
port to Congress, the Secretary of State, the Sec-
retary of Labor, and the Secretary of Homeland Se-
curity 
that 
contains 
additional 
findings, 
rec-
ommendations, and suggestions, as described in 
paragraph (1). 
SEC. 308. WILLING WORKER-WILLING EMPLOYER ELEC-
TRONIC JOB REGISTRY. 
(a) ESTABLISHMENT.—The Secretary of Labor shall 
direct the coordination and modification of the national 
system of public labor exchange services (commonly known 
as ‘‘America’s Job Bank’’) in existence on the date of en-
actment of this Act to provide information on essential 
worker employment opportunities available to United 
States workers and nonimmigrant workers under section 
101(a)(15)(H)(v)(a) of the Immigration and Nationality 
Act, as added by this Act. 
(b) RECRUITMENT OF UNITED STATES WORKERS.— 
Before the completion of evidence of employment for a po-
tential 
nonimmigrant 
worker 
under 
section 
101(a)(15)(H)(v)(a) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)(H)(v)(a), an employer shall at-
test that the employer has posted in the Job Registry for 
not less than 30 days in order to recruit United States 
workers. An employer shall maintain records for not less
than 1 year demonstrating why United States workers 
who applied were not hired. 
(c) OVERSIGHT AND MAINTENANCE OF RECORDS.— 
The Secretary of Labor shall maintain electronic job reg-
istry records, as established by regulation, for the purpose 
of audit or investigation. 
(d) ACCESS TO JOB REGISTRY.— 
(1) CIRCULATION IN INTERSTATE EMPLOYMENT 
SERVICE SYSTEM.—The Secretary of Labor shall en-
sure that job opportunities advertised on the elec-
tronic job registry established under this section are 
accessible by the State workforce agencies, which 
may further disseminate job opportunity information 
to other interested parties. 
(2) INTERNET.—The Secretary of Labor shall 
ensure that the Internet-based electronic job registry 
established or approved under this section may be 
accessed by workers, employers, labor organizations, 
and other interested parties. 
SEC. 309. AUTHORIZATION OF APPROPRIATIONS. 
There are authorized to be appropriated to the Sec-
retary of State such sums as may be necessary to carry 
out this title and the amendments made by this title for 
the period beginning on the date of enactment of this Act 
and ending on the last day of the sixth fiscal year begin-
ning after the effective date of the regulations promul-
gated by the Secretary to implement this title. 
TITLE IV—ENFORCEMENT 
SEC. 401. DOCUMENT AND VISA REQUIREMENTS. 
(a) IN GENERAL.—Section 221(a) of the Immigra-
tion and Nationality Act (8 U.S.C. 1201(a)) is amended 
by adding at the end the following: 
‘‘(3) VISAS AND IMMIGRATION RELATED DOCUMENT 
REQUIREMENTS.— 
‘‘(A) Visas issued by the Secretary of State and 
immigration related documents issued by the Sec-
retary of State or the Secretary of Homeland Secu-
rity shall comply with authentication and biometric 
standards recognized by domestic and international 
standards organizations. 
‘‘(B) Such visas and documents shall— 
‘‘(i) be machine-readable and tamper-re-
sistant; 
‘‘(ii) use biometric identifiers that are con-
sistent with the requirements of section 303 of 
the Enhanced Border Security and Visa Entry 
Reform Act of 2002 (8 U.S.C. 1732), and rep-
resent the benefits and status set forth in such 
section;
‘‘(iii) comply with the biometric and docu-
ment identifying standards established by the 
International Civil Aviation Organization; and 
‘‘(iv) be compatible with the United States 
Visitor and Immigrant Status Indicator Tech-
nology and the employment verification system 
established under section 274E. 
‘‘(C) The information contained on the visas or 
immigration related documents described in subpara-
graph (B) shall include— 
‘‘(i) the alien’s name, date and place of 
birth, alien registration or visa number, and, if 
applicable, social security number; 
‘‘(ii) the alien’s citizenship and immigra-
tion status in the United States; and 
‘‘(iii) the date that such alien’s authoriza-
tion to work in the United States expires, if ap-
propriate.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect on the date that is 6 
months after the date of enactment of this Act.
SEC. 402. EMPLOYMENT ELIGIBILITY CONFIRMATION SYS-
TEM. 
(a) IN GENERAL.—Chapter 8 of title II of the Immi-
gration and Nationality Act (8 U.S.C. 1321 et seq.) is 
amended by inserting after section 274D the following: 
‘‘EMPLOYMENT ELIGIBILITY 
‘‘SEC. 274E. (a) EMPLOYMENT ELIGIBILITY CON-
FIRMATION SYSTEM.— 
‘‘(1) IN GENERAL.—The Commissioner of So-
cial Security, in consultation and coordination with 
the Secretary of Homeland Security, shall establish 
an Employment Eligibility Confirmation System (re-
ferred to in this section as the ‘System’) through 
which the Commissioner responds to inquiries made 
by employers who have hired individuals concerning 
each individual’s identity and employment authoriza-
tion. 
‘‘(2) MAINTENANCE OF RECORDS.—The Com-
missioner shall electronically maintain records by 
which compliance under the System may be verified. 
‘‘(3) OBJECTIVES OF THE SYSTEM.—The Sys-
tem shall— 
‘‘(A) facilitate the eventual transition for 
all businesses from the employer verification 
system established in section 274A with the 
System;
‘‘(B) utilize, as a central feature of the 
System, machine-readable documents that con-
tain encrypted electronic information to verify 
employment eligibility; and 
‘‘(C) provide for the evidence of employ-
ment required under section 218A. 
‘‘(4) INITIAL
RESPONSE.—The System shall 
provide— 
‘‘(A) confirmation or a tentative noncon-
firmation of an individual’s identity and em-
ployment eligibility not later than 1 working 
day after the initial inquiry; and 
‘‘(B) an appropriate code indicating such 
confirmation or tentative nonconfirmation. 
‘‘(5) SECONDARY
VERIFICATION
PROCESS
IN 
CASE OF TENTATIVE NONCONFIRMATION.— 
‘‘(A) ESTABLISHMENT.—For cases of ten-
tative nonconfirmation, the Commissioner of 
Social Security, in consultation and coordina-
tion with the Secretary of Homeland Security, 
shall establish a secondary verification process. 
The 
employer 
shall 
make 
the 
secondary 
verification inquiry not later than 10 days after 
receiving a tentative nonconfirmation.
‘‘(B) DISCREPANCIES.—If an employee 
chooses to contest a secondary nonconfirmation, 
the employer shall provide the employee with a 
referral letter and instruct the employee to visit 
an office of the Department of Homeland Secu-
rity or the Social Security Administration to re-
solve the discrepancy not later than 10 working 
days after the receipt of such referral letter in 
order to obtain confirmation. 
‘‘(C) FAILURE TO CONTEST.—An individ-
ual’s failure to contest a confirmation shall not 
constitute knowledge (as defined in section 
274a.1(l) of title 8, Code of Federal Regula-
tions. 
‘‘(6) DESIGN AND OPERATION OF SYSTEM.— 
The System shall be designed, implemented, and op-
erated— 
‘‘(A) to maximize its reliability and ease of 
use consistent with protecting the privacy and 
security of the underlying information through 
technical and physical safeguards; 
‘‘(B) to allow employers to verify that a 
newly hired individual is authorized to be em-
ployed; 
‘‘(C) to permit individuals to—
‘‘(i) view their own records in order to 
ensure the accuracy of such records; and 
‘‘(ii) contact the appropriate agency to 
correct any errors through an expedited 
process established by the Commissioner of 
Social Security, in consultation and coordi-
nation with the Secretary of Homeland Se-
curity; and 
‘‘(D) to prevent discrimination based on 
national origin or citizenship status under sec-
tion 274B. 
‘‘(7) UNLAWFUL USES OF SYSTEM.—It shall be 
an unlawful immigration-related employment prac-
tice— 
‘‘(A) for employers or other third parties 
to use the System selectively or without author-
ization; 
‘‘(B) to use the System prior to an offer 
of employment; 
‘‘(C) to use the System to exclude certain 
individuals from consideration for employment 
as a result of a perceived likelihood that addi-
tional verification will be required, beyond what 
is required for most job applicants;
‘‘(D) to use the System to deny certain 
employment benefits, otherwise interfere with 
the labor rights of employees, or any other un-
lawful employment practice; or 
‘‘(E) to take adverse action against any 
person, including terminating or suspending an 
employee who has received a tentative noncon-
firmation. 
‘‘(b) EMPLOYMENT ELIGIBILITY DATABASE.— 
‘‘(1) REQUIREMENT.—The Commissioner of So-
cial Security, in consultation and coordination with 
the Secretary of Homeland Security and other ap-
propriate agencies, shall design, implement, and 
maintain an Employment Eligibility Database (re-
ferred to in this section as the ‘Database’) as de-
scribed in this subsection. 
‘‘(2) DATA.—The Database shall include, for 
each individual who is not a citizen or national of 
the United States, but is authorized or seeking au-
thorization to be employed in the United States, the 
individual’s— 
‘‘(A) country of origin; 
‘‘(B) immigration status; 
‘‘(C) employment eligibility; 
‘‘(D) occupation;
‘‘(E) metropolitan statistical area of em-
ployment; 
‘‘(F) annual compensation paid; 
‘‘(G) period of employment eligibility; 
‘‘(H) employment commencement date; 
and 
‘‘(I) employment termination date. 
‘‘(3) REVERIFICATION OF EMPLOYMENT ELIGI-
BILITY.—The Commissioner of Social Security shall 
prescribe, by regulation, a system to annually 
reverify the employment eligibility of each individual 
described in this section— 
‘‘(A) by utilizing the machine-readable doc-
uments described in section 221(a)(3); or 
‘‘(B) if machine-readable documents are 
not available, by telephonic or electronic com-
munication. 
‘‘(4) CONFIDENTIALITY.— 
‘‘(A) ACCESS TO DATABASE.—No officer or 
employee of any agency or department of the 
United States, other than individuals respon-
sible for the verification of employment eligi-
bility or for the evaluation of the employment 
verification program at the Social Security Ad-
ministration, the Department of Homeland Se-