(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), every person or other entity that hires one 
or more individuals for employment in the United 
States shall verify through the E-Verify Program, 
established by section 403(a) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–208; 8 U.S.C. 
1324a note), that each such individual is authorized 
to work in the United States. The Secretary of 
Homeland Security shall ensure that verification by 
means of a toll-free telephone line is an available op-
tion in complying with the preceding sentence. 
(2) SELECT
ENTITIES
REQUIRED
TO
USE
E- 
VERIFY PROGRAM IMMEDIATELY.—The following en-
tities must satisfy the requirement in paragraph (1) 
by not later than one year after the date of the en-
actment of this Act: 
(A) FEDERAL
AGENCIES.—Each depart-
ment and agency of the Federal Government. 
(B) FEDERAL
CONTRACTORS.—A con-
tractor that— 
(i) has entered into a contract with 
the Federal Government to which section 
2(b)(1) of the Service Contract Act of 
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1965 (41 U.S.C. 351(b)(1)) applies, and 
any subcontractor under such contract; or 
(ii) has entered into a contract ex-
empted from the application of such Act by 
section 6 of such Act (41 U.S.C. 356), and 
any subcontractor under such contract. 
(C) LARGE
EMPLOYERS.—An employer 
that employs more than 250 individuals in the 
United States. 
(3) PHASING-IN FOR OTHER EMPLOYERS.— 
(A) TWO YEARS FOR EMPLOYERS OF 100 
OR MORE.—Entities that employ 100 or more 
individuals in the United States must satisfy 
the requirement in paragraph (1) by not later 
than two years after the date of the enactment 
of this Act. 
(B) THREE YEARS FOR EMPLOYERS WITH 
30 OR MORE EMPLOYEES.—All entities that em-
ploy 30 or more individuals in the United 
States must satisfy the requirement in para-
graph (1) by not later than three years after 
the date of the enactment of this Act. 
(C) FOUR YEARS FOR ALL EMPLOYERS.— 
All entities that employ one or more individuals 
in the United States must satisfy the require-
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ment in paragraph (1) by not later than four 
years after the date of the enactment of this 
Act. 
(4) VERIFYING EMPLOYMENT AUTHORIZATION 
OF CURRENT EMPLOYEES.—Every person or other 
entity that employs one or more persons in the 
United States shall verify through the E-Verify pro-
gram by not later than four years after the date of 
the enactment of this Act that each employee is au-
thorized to work in the United States. 
(5) DEFENSE.—In accordance with section 
274A(a)(3) of the Immigration and Nationality Act 
(8 U.S.C. 1324a(a)(3)), a person or entity that es-
tablishes that it has complied in good faith with the 
requirements of section 274A(b) of such Act with re-
spect to the hiring, recruiting, or referral for em-
ployment of an alien in the United States has estab-
lished an affirmative defense that the person or enti-
ty has not violated section 274A(a)(1)(A) of such 
Act with respect to such hiring, recruiting or refer-
ral. Furthermore an employer who has complied 
with the requirements in paragraphs (1) and (4) of 
this Act shall not be liable for hiring an unauthor-
ized alien, if— 
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(A) such hiring occurred due to an error in 
the E-Verify program that was unknown to the 
employer at the time of such hiring; and 
(B) the employer terminates the employ-
ment of the alien upon being informed of the 
error. 
(6) SANCTIONS
FOR
NONCOMPLIANCE.—The 
failure of an employer to comply with the require-
ments in paragraphs (1) or (4) shall— 
(A) be treated as a violation of section 
274A(a)(1)(B) with respect to each offense; and 
(B) create a rebuttable presumption that 
the 
employer 
has 
violated 
section 
274A(a)(1)(A). 
(7) VOLUNTARY PARTICIPATION OF EMPLOYERS 
NOT
IMMEDIATELY
SUBJECT
TO
REQUIREMENT.— 
Nothing in this subsection shall be construed as pre-
venting a person or other entity that is not imme-
diately subject to the requirement of paragraph (1) 
pursuant to paragraph (2) or (3) from voluntarily 
using the E-Verify program to verify the employ-
ment authorization of new hires or current employ-
ees. 
(8) STATE
INTERFERENCE.—No State may 
prohibit a person or other entity from using the E- 
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Verify program to verify the employment authoriza-
tion of new hires or current employees. 
(9) E-VERIFY STUDY.— 
(A) FINDINGS.—The Congress finds as fol-
lows: 
(i) A majority of the 0.4 percent of 
tentative non-confirmations that are issued 
within E-Verify to work authorized individ-
uals occur due to incorrect or outdated in-
formation in the databases utilized by the 
system. For instance, an individual may 
have changed his or her name legally but 
has not updated their Social Security in-
formation to account for this change. This 
person would likely receive a tentative non- 
confirmation if their work eligibility were 
checked using E-Verify. 
(ii) E-Verify already provides employ-
ers and employees with simple and clear 
instructions on how inconsistencies in data 
can be corrected in order to verify the 
work eligibility of an employee. However, 
giving an individual the ability to verify his 
or her own employment eligibility in ad-
vance of an official E-Verify query by an 
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employer would allow that individual to 
correct data errors at his or her conven-
ience. This may also serve to lessen peak 
demand on Social Security Administration 
field offices. 
(B) STUDY.—The Government Account-
ability Office shall conduct a study to examine 
the potential of a secure method of allowing in-
dividuals to check their own work eligibility, so 
that they can address inconsistencies in their 
personal data that might otherwise cause them 
to be issued a tentative non-confirmation by E- 
Verify. The study shall be published within 6 
months after the date of enactment of this Act. 
(10) DOCUMENT FRAUD STUDY.—The Govern-
ment Accountability Office shall conduct a study to 
examine methods to combat document fraud, theft 
and forgery in the use and expansion of the E-Verify 
program. The report shall make recommendations to 
the appropriate agencies on ways to reduce instances 
of document fraud, theft and forgery. The report 
shall be published within six months after enactment 
of this Act. 
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SEC. 202. MONITORING AND COMPLIANCE. 
(a) ENHANCING MONITORING AND COMPLIANCE OF 
E-VERIFY.—The Secretary of the Department of Home-
land Security is authorized take the following actions to 
increase the capability and effectiveness of the E-Verify 
employer Monitoring and Compliance team within Citizen-
ship and Immigration Services: 
(1) Increase by no more than 6 the number of 
fulltime employees dedicated to the development of 
thresholds and algorithms and quality assurance 
procedures for the monitoring of employer adherence 
to the conditions that are currently outlined in the 
E-Verify Memorandum of Understanding. 
(2) Increase as necessary the number of 
fulltime employees dedicated to outreach to employ-
ers using E-Verify and the creation of informational 
tools and corrective action procedures that will pro-
vide compliance assistance to these employers. These 
employees may also be utilized in the operation of 
the toll free compliance assistance call center. 
(3) Establish procedures for the identification 
of cases of potential fraud or misuse of E-Verify. 
(4) Establish procedures for the sharing of in-
formation on these selected cases with Immigration 
and Customs Enforcement for further investigation 
as necessary. 
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(5) Report to Congress within one year of the 
date of enactment of this Act on the activities of the 
Office of Monitoring and Compliance which shall in-
clude— 
(A) a description of the types of fraud and 
misuse being detected by the thresholds and al-
gorithms used for employee monitoring within 
the Office; 
(B) the number and type of cases flagged 
by the Office and referred to Immigration and 
Customs Enforcement, as well as the outcome 
of these cases; and 
(C) an assessment of the number and the 
nature of calls received by the compliance as-
sistance call center. 
SEC. 203. MANDATORY NOTIFICATION OF SSN MISMATCHES 
AND MULTIPLE USES. 
(a) NOTIFICATION
OF MULTIPLE USES
OF INDI-
VIDUAL SOCIAL SECURITY NUMBERS.—Prior to crediting 
any individual with concurrent earnings from more than 
one employer, the Commissioner of Social Security shall 
notify the individual that earnings from two or more em-
ployers are being reported under the individual’s Social 
Security account number (SSN). Such notice shall include, 
at a minimum— 
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(1) the name and location of each employer re-
porting benefits for an individual; 
(2) a warning that any inaccuracies in this in-
formation could indicate that the individual’s SSN is 
being fraudulently used by another individual; 
(3) an explanation of any potential risk that an 
individual is subject to if his or her SSN has been 
used or is being used by someone else; and 
(4) an SSA telephone number that an indi-
vidual may call to report inaccuracies in the use of 
their SSN. 
(b) INFORMATION SHARING WITH
THE DEPART-
MENT OF HOMELAND SECURITY.— 
(1) Not later than 180 days following the date 
of enactment of this act, the Commissioner of Social 
Security shall promulgate regulations in accord with 
section 1306, title 42 (42 U.S.C. 1306), to require 
that information regarding all multiple use notifica-
tions that lead to the identification of an unauthor-
ized user of a Social Security account number be 
shared with the Secretary of the Department of 
Homeland Security on a timely basis. 
(2) Information to be shared with the Secretary 
shall include, at a minimum, the name and mailing 
address of all employees who are the subject of an 
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unresolved mismatch notification or who are unau-
thorized users of another individual’s Social Security 
account number. The names and addresses of the 
employers of these employees must also be provided. 
(3) The Secretary shall report to the Congress 
annually the number of cases that the Commissioner 
of Social Security has shared with the Department 
of Homeland Security regarding unauthorized users 
of a Social Security number and the actions that 
have been taken to resolve these cases. The first re-
port shall be presented to Congress 1 year after the 
passage of this Act. 
SEC. 204. ESTABLISHMENT OF ELECTRONIC BIRTH AND 
DEATH REGISTRATION SYSTEMS. 
In consultation with the Secretary of Health and 
Human Services and the Commissioner of Social Security, 
the Secretary shall take the following actions: 
(1) Work with the States to establish a common 
data set and common data exchange protocol for 
electronic birth registration systems and death reg-
istration systems. 
(2) Coordinate requirements for such systems 
to align with a national model. 
(3) Ensure that fraud prevention is built into 
the design of electronic vital registration systems in 
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the collection of vital event data, the issuance of 
birth certificates, and the exchange of data among 
government agencies. 
(4) Ensure that electronic systems for issuing 
birth certificates, in the form of printed abstracts of 
birth records or digitized images, employ a common 
format of the certified copy, so that those requiring 
such documents can quickly confirm their validity. 
(5) Establish uniform field requirements for 
State birth registries. 
(6) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of Defense that will result in the shar-
ing of data, with the States and the Social Security 
Administration, regarding deaths of United States 
military personnel and the birth and death of their 
dependents. 
(7) Not later than 1 year after the date of the 
enactment of this Act, establish a process with the 
Department of State to improve registration, notifi-
cation, and the sharing of data with the States and 
the Social Security Administration, regarding births 
and deaths of United States citizens abroad. 
(8) Not later than 3 years after the date of es-
tablishment of databases provided for under this sec-
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