I 
111TH CONGRESS 
2D SESSION 
H. R. 5265 
To continue to prohibit the hiring, recruitment, or referral of unauthorized 
aliens, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 11, 2010 
Mr. BOSWELL introduced the following bill; which was referred to the Com-
mittee on the Judiciary, and in addition to the Committees on Ways and 
Means and Education and Labor, for a period to be subsequently deter-
mined by the Speaker, in each case for consideration of such provisions 
as fall within the jurisdiction of the committee concerned 
A BILL 
To continue to prohibit the hiring, recruitment, or referral 
of unauthorized aliens, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Combat Illegal Immi-
gration Through Employment Verification Act’’. 
SEC. 2. PURPOSES. 
(a) To continue to prohibit the hiring, recruitment, 
or referral of unauthorized aliens. 
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(b) To require that each employer take reasonable 
steps to verify the identity and work authorization status 
of all its employees, without regard to national origin and 
citizenship status. 
(c) To authorize the Secretary of Homeland Security 
to access records of other Federal agencies for the pur-
poses of confirming identity, authenticating lawful pres-
ence and preventing identity theft and fraud related to un-
lawful employment. 
(d) To ensure that the Commissioner of Social Secu-
rity has the necessary authority to provide information to 
the Secretary of Homeland Security that would assist in 
the enforcement of the immigration laws. 
(e) To collect information on employee hires. 
(f) To electronically secure a Social Security number 
in the Employment Eligibility Verification System 
(EEVS) at the request of an individual who has been con-
firmed to be the holder of that number, and to prevent 
fraudulent use of the number by others. 
(g) To provide for record retention of EEVS inquir-
ies, to prevent identity fraud and employment authoriza-
tion fraud. 
(h) To employ fast track regulatory and procurement 
procedures to expedite implementation of this title and 
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pertinent sections of the Immigration and Nationality Act 
for a period of two years from enactment. 
(i) To establish the following: 
(1) A document verification process requiring 
employers to inspect, copy, and retain identity and 
work authorization documents. 
(2) An EEVS requiring employers to obtain 
confirmation of an individual’s identity and work au-
thorization. 
(3) Procedures for employers to register for the 
EEVS and to confirm work eligibility through the 
EEVS. 
(4) A streamlined enforcement procedure to en-
sure efficient adjudication of violations of this title. 
(5) A system for the imposition of civil pen-
alties and their enforcement, remission or mitiga-
tion. 
(6) An enhancement of criminal and civil pen-
alties. 
(7) Increased coordination of information and 
enforcement between the Internal Revenue Service 
and the Department of Homeland Security regard-
ing employers who have violations related to the em-
ployment of unauthorized aliens. 
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(8) Increased penalties under the Internal Rev-
enue Code for employers who have violations relating 
to the employment of unauthorized aliens. 
SEC. 3. UNLAWFUL EMPLOYMENT OF ALIENS. 
(a) Section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) is amended to read as follows: 
‘‘(a) MAKING
EMPLOYMENT
OF
UNAUTHORIZED 
ALIENS UNLAWFUL.— 
‘‘(1) IN GENERAL.—It is unlawful for an em-
ployer— 
‘‘(A) to hire an alien for employment in 
the United States knowing or with reckless dis-
regard that the alien is an unauthorized alien 
(as defined in subsection (b)(1)) with respect to 
such employment; or 
‘‘(B) to hire for employment in the United 
States an individual without complying with the 
requirements of subsections (c) and (d). 
‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw-
ful for an employer, after hiring an alien for employ-
ment, to continue to employ the alien in the United 
States knowing or with reckless disregard that the 
alien is (or has become) an unauthorized alien with 
respect to such employment. 
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‘‘(3) USE OF LABOR THROUGH CONTRACT.— 
For purposes of this section, an employer who uses 
a contract, subcontract, or exchange to obtain the 
labor of an alien in the United States knowing that 
the alien is an unauthorized alien (as defined in sub-
section (b)(1)) with respect to performing such 
labor, shall be considered to have hired the alien for 
employment in the United States in violation of 
paragraph (1)(A). 
‘‘(A) By regulation, the Secretary may re-
quire, for purposes of ensuring compliance with 
the immigration laws, that an employer include 
in a written contract, subcontract, or exchange 
an effective and enforceable requirement that 
the contractor or subcontractor adhere to the 
immigration laws of the United States, includ-
ing use of EEVS. 
‘‘(B) The Secretary may establish proce-
dures by which an employer may obtain con-
firmation from the Secretary that the con-
tractor or subcontractor has registered with the 
EEVS and is utilizing the EEVS to verify its 
employees. 
‘‘(C) The Secretary may establish such 
other requirements for employers using contrac-
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tors or subcontractors as the Secretary deems 
necessary to prevent knowing violations of this 
paragraph. 
‘‘(4) APPLICATION
TO
FEDERAL
GOVERN-
MENT.—For purposes of this section, the term ‘em-
ployer’ includes entities in any branch of the Federal 
Government. 
‘‘(5) DEFENSE.—An employer that establishes 
that it has complied in good faith with the require-
ments of subsections (c)(1) through (c)(4), per-
taining to document verification requirements, and 
subsection (d) has established an affirmative defense 
that the employer has not violated paragraph (1)(A) 
with respect to such hiring, recruiting, or referral, 
however— 
‘‘(A) until such time as the Secretary has 
required an employer to participate in the 
EEVS or such participation is permitted on a 
voluntary basis pursuant to subsection (d), a 
defense is established without a showing of 
compliance with subsection (d); and 
‘‘(B) to establish a defense, the employer 
must also be in compliance with any additional 
requirements that the Secretary may promul-
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gate by regulation pursuant to subsections (c), 
(d), and (k). 
‘‘(6) FAILURE
TO
COMPLY.—An employer is 
presumed to have acted with knowledge or reckless 
disregard if the employer fails to comply with writ-
ten standards, procedures or instructions issued by 
the Secretary. Such standards, procedures or in-
structions shall be objective and verifiable. 
‘‘(b) DEFINITIONS.— 
‘‘(1) DEFINITION OF UNAUTHORIZED ALIEN.— 
As used in this section, the term ‘unauthorized alien’ 
means, with respect to the employment of an alien 
at a particular time, that the alien is not at that 
time either— 
‘‘(A) an alien lawfully admitted for perma-
nent residence; or 
‘‘(B) authorized to be so employed by the 
Secretary. 
‘‘(2) DEFINITION
OF
EMPLOYER.—For pur-
poses of this section, the term ‘employer’ means any 
person or entity hiring, recruiting, or referring an 
individual for employment in the United States. 
‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 
Any employer hiring, recruiting, or referring an individual 
for employment in the United States shall take all reason-
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able steps to verify that the individual is authorized to 
work in the United States, including the requirements of 
subsection (d) and the following paragraphs: 
‘‘(1) ATTESTATION
AFTER
EXAMINATION
OF 
DOCUMENTATION.— 
‘‘(A) IN
GENERAL.—The employer must 
attest, under penalty of perjury and on a form 
prescribed by the Secretary, that it has verified 
the identity and work authorization status of 
the individual by examining— 
‘‘(i) a document described in subpara-
graph (B); or 
‘‘(ii) a document described in sub-
paragraph (C) and a document described 
in subparagraph (D). 
Such attestation may be manifested by a hand-
written or electronic signature. An employer has 
complied with the requirement of this para-
graph with respect to examination of docu-
mentation if the employer has followed applica-
ble regulations and any written procedures or 
instructions provided by the Secretary and if a 
reasonable person would conclude that the doc-
umentation is genuine and establishes the em-
ployee’s identity and authorization to work, tak-
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ing into account any information provided to 
the employer by the Secretary, including photo-
graphs. 
‘‘(B) DOCUMENTS
ESTABLISHING
BOTH 
EMPLOYMENT
AUTHORIZATION
AND
IDEN-
TITY.—A document described in this subpara-
graph is an individual’s— 
‘‘(i) United States passport, or pass-
port card issued pursuant to the Secretary 
of State’s authority under 22 U.S.C. 211a; 
or 
‘‘(ii) permanent resident card or other 
document issued by the Secretary or Sec-
retary of State to aliens authorized to work 
in the United States, if the document— 
‘‘(I) contains a photograph of the 
individual, biometric data, such as fin-
gerprints, or such other personal iden-
tifying information relating to the in-
dividual as the Secretary finds, by 
regulation, sufficient for the purposes 
of this subsection; 
‘‘(II) is evidence of authorization 
for employment in the United States; 
and 
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‘‘(III) contains security features 
to make it resistant to tampering, 
counterfeiting, and fraudulent use. 
‘‘(C) DOCUMENTS
ESTABLISHING
IDEN-
TITY OF INDIVIDUAL.—A document described in 
this subparagraph includes— 
‘‘(i) an individual’s driver’s license or 
identity card issued by a State, the Com-
monwealth of the Northern Mariana Is-
lands, or an outlying possession of the 
United States, provided that the issuing 
State or entity has certified to the Sec-
retary of Homeland Security that it is in 
compliance with the minimum standards 
required under section 202 of the REAL 
ID Act of 2005 (division B of Public Law 
109–13) (49 U.S.C. 30301 note) and im-
plementing regulations issued by the Sec-
retary of Homeland Security once those re-
quirements become effective; 
‘‘(ii) an individual’s driver’s license or 
identity card issued by a State, the Com-
monwealth of the Northern Mariana Is-
lands, or an outlying possession of the 
United States which is not compliant with 
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section 202 of the REAL ID Act of 2005 
if— 
‘‘(I) the driver’s license or iden-
tity card contains the individual’s pho-
tograph as well as the individual’s 
name, date of birth, gender, height, 
eye color, and address, and 
‘‘(II) the card is presented by the 
individual and examined by the em-
ployer in combination with a U.S. 
birth certificate, or a Certificate of 
Naturalization, or a Certificate of 
Citizenship, or such other documents 
as may be prescribed by the Sec-
retary, or 
‘‘(iii) other documentation evidencing 
identity as identified by the Secretary in 
his discretion, with notice to the public 
provided in the Federal Register, to be ac-
ceptable for purposes of this section. 
‘‘(D) SPECIAL RULE FOR MINORS.—Not-
withstanding subparagraphs (B) and (C), a 
minor who is under the age of 18 and who is 
unable to produce an identity document de-
scribed in clause (i) through (ii) of subpara-
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graph (B) or clause (i) through (iii) of subpara-
graph (C) is exempt from producing such a doc-
ument if— 
‘‘(i) a parent or legal guardian of the 
minor completes a form prescribed by the 
Secretary, and in the space for the minor’s 
signature, the parent or legal guardian 
writes the words, ‘minor under age 18’; 
‘‘(ii) a parent or legal guardian of the 
minor completes a form prescribed by the 
Secretary, the ‘Preparer/Translator certifi-
cation’; and 
‘‘(iii) the employer of the minor writes 
in a form prescribed by the Secretary, in 
the space after the words ‘Document Iden-
tification #’ the words, ‘minor under age 
18’. 
‘‘(E) SPECIAL
RULE
FOR
INDIVIDUALS 
WITH DISABILITIES.—Notwithstanding subpara-
graphs (B) and (C), an individual with a dis-
ability (as defined in section 3 of the Americans 
with Disabilities Act of 1990 (42 U.S.C. 
12102)) who is unable to produce an identity 
document described in clause (i) through (ii) of 
subparagraph (B) or clause (i) through (iii) of 
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subparagraph (C), and who is being placed into 
employment by a nonprofit organization or as-
sociation or as part of a rehabilitation program, 
and an individual who demonstrates mental re-
tardation whether or not the individual partici-
pates in an employment placement program 
through a nonprofit organization or association 
or as part of a rehabilitation program, is ex-
empt from producing such a document if— 
‘‘(i) a parent or legal guardian of the 
individual, or a representative from the 
nonprofit organization, association, or re-
habilitation program placing the individual 
into a position of employment completes a 
form prescribed by the Secretary, and in 
the space for the covered individual’s sig-
nature, writes the words, ‘special place-
ment’; 
‘‘(ii) a parent or legal guardian of the 
individual or the program representative, 
completes a form prescribed by the Sec-
retary, the ‘Preparer/Translator certifi-
cation’; and 
‘‘(iii) the employer of the covered indi-
vidual writes in a form prescribed by the 
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Secretary, in the space after the words 
‘Document Identification #’ the words, 
‘special placement’. 
‘‘(F) DOCUMENTS
EVIDENCING
EMPLOY-
MENT
AUTHORIZATION.—The following docu-
ments may be accepted as evidence of employ-
ment authorization— 
‘‘(i) a Social Security account number 
card issued by the Commissioner of Social 
Security (other than a card which specifies 
on its face that the card is not valid for 
employment in the United States); or 
‘‘(ii) any other documentation evidenc-
ing authorization of employment in the 
United States which the Secretary de-
clares, by publication in the Federal Reg-
ister, to be acceptable for purposes of this 
section. 
‘‘(G) AUTHORITY
TO
PROHIBIT
USE
OF 
CERTAIN DOCUMENTS.—If the Secretary finds 
that any document or class of documents de-
scribed in subparagraph (B), (C), or (D) as es-
tablishing employment authorization or identity 
does not reliably establish such authorization or 
identity or is being used fraudulently to an un-
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acceptable degree, the Secretary shall, with no-
tice to the public provided in the Federal Reg-
ister, prohibit or restrict the use of that docu-
ment or class of documents for purposes of this 
subsection. 
‘‘(2) INDIVIDUAL
ATTESTATION
OF
EMPLOY-
MENT AUTHORIZATION.—The individual must attest, 
under penalty of perjury on the form prescribed by 
the Secretary, that the individual is a citizen or na-
tional of the United States, an alien lawfully admit-
ted for permanent residence, or an alien who is au-
thorized under this Act or by the Secretary to be 
hired, recruited, or referred for such employment. 
Such attestation may be manifested by either a 
hand-written or electronic signature. 
‘‘(3) RETENTION
OF
VERIFICATION
FORM.— 
After completion of such form in accordance with 
paragraphs (1) and (2), the employer must retain a 
paper, microfiche, microfilm, or electronic version of 
the form and make it available for inspection by offi-
cers of the Department of Homeland Security (or 
persons designated by the Secretary), the Special 
Counsel for Immigration-Related Unfair Employ-
ment Practices, or the Department of Labor during 
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a period beginning on the date of the hiring, recruit-
ing, or referral of the individual and ending— 
‘‘(A) in the case of the recruiting or refer-
ral for a fee (without hiring) of an individual, 
five years after the date of the recruiting or re-
ferral; and 
‘‘(B) in the case of the hiring of an indi-
vidual— 
‘‘(i) five years after the date of such 
hiring; or 
‘‘(ii) two years after the date the indi-
vidual’s employment is terminated, which-
ever is earlier. 
‘‘(4) COPYING OF DOCUMENTATION AND REC-
ORDKEEPING REQUIRED.— 
‘‘(A) Notwithstanding any other provision 
of law, the employer shall copy all documents 
presented by an individual pursuant to this sub-
section and shall retain a paper, microfiche, 
microfilm, or electronic copy as prescribed in 
paragraph (3), but only (except as otherwise 
permitted under law) for the purposes of com-
plying with the requirements of this subsection. 
Such copies shall reflect the signatures of the 
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employer and the employee, as well as the date 
of receipt. 
‘‘(B) The employer shall also maintain 
records of Social Security Administration cor-
respondence 
regarding 
name 
and 
number 
mismatches or no-matches and the steps taken 
to resolve such issues. 
‘‘(C) The employer shall maintain records 
of all actions and copies of any correspondence 
or action taken by the employer to clarify or re-
solve any issue that raises reasonable doubt as 
to the validity of the alien’s identity or work au-
thorization. 
‘‘(D) The employer shall maintain such 
records as prescribed in this subsection. The 
Secretary may prescribe the manner of record-
keeping and may require that additional records 
be kept or that additional documents be copied 
and maintained. The Secretary may require 
that these documents be transmitted electroni-
cally, and may develop automated capabilities to 
request such documents. 
‘‘(5) PENALTIES.—An employer that fails to 
comply with any requirement of this subsection shall 
be penalized under subsection (e)(4)(B). 
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‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI-
FICATION CARDS.—Nothing in this section shall be 
construed to authorize, directly or indirectly, the 
issuance or use of national identification cards or 
the establishment of a national identification card. 
‘‘(7) NONDISCRIMINATION.—The employer shall 
use the procedures for document verification set 
forth in this paragraph for all employees without re-
gard to national origin or citizenship status. 
‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM.— 
‘‘(1) IN GENERAL.—The basic pilot program es-
tablished under section 403(a) of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 
1996 (division C of Public Law 104–208; 8 U.S.C. 
1324a note) is hereby renamed as the ‘Employment 
Eligibility Verification System’ or ‘EEVS’ (and is re-
ferred to in this section as such). 
‘‘(2) EXTENSION OF PROGRAM.—The Secretary 
of Homeland Security shall provide for the imple-
mentation of EEVS throughout the United States 
on a timely basis, consistent with the implementa-
tion of paragraph (3) and such System shall con-
tinue in operation permanently and shall not termi-
nate. 
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‘‘(3) IMPLEMENTATION SCHEDULE.— 
‘‘(A) PRIORITY
EMPLOYERS.—Not later 
than 1 year after the date of enactment of this 
section, the Secretary in his discretion, with no-
tice to the public provided in the Federal Reg-
ister, is authorized to require any employer or 
industry which the Secretary determines to be 
part of the critical infrastructure, a Federal 
contractor, or directly related to the national 
security or homeland security of the United 
States to participate in the EEVS. This re-
quirement may be applied to both newly hired 
and current employees. The Secretary shall no-
tify employers subject to this subparagraph 60 
days prior to required EEVS compliance. 
‘‘(B) LARGE EMPLOYERS.—Not later than 
2 years after the date of enactment of this Act 
of 2007 the Secretary shall require an employer 
with 5,000 or more employees in the United 
States to participate in the System, with re-
spect to all employees hired by the employer 
after the date the Secretary requires such par-
ticipation. 
‘‘(C) MIDSIZED
EMPLOYERS.—Not later 
than 3 years after the date of enactment of this 
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Act, the Secretary shall require an employer 
with less than 5,000 employees and 1,000 or 
more employees in the United States to partici-
pate in the System, with respect to all employ-
ees hired by the employer after the date the 
Secretary requires such participation. 
‘‘(D) SMALL EMPLOYERS.—Not later than 
4 years after the date of the enactment of this 
Act of 2007, the Secretary shall require all em-
ployers with less than 1,000 employees in the 
United States to participate in the System, with 
respect to all employees hired by the employer 
after the date the Secretary requires such par-
ticipation. 
‘‘(E) ALL EMPLOYEES.—No later than 5 
years after the date of enactment of this sec-
tion, all employers shall participate in the 
EEVS with respect to new employees and all 
employees whose identity and employment au-
thorization have not been previously verified 
through EEVS. The Secretary may specify ear-
lier dates for participation in the EEVS in his 
discretion for some or all classes of employer or 
employee, provided that the Secretary provides 
notification to employees and prints notification 
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in the Federal Register 60 days prior to re-
quired compliance with EEVS. 
‘‘(F) The Secretary shall create the nec-
essary systems and processes to monitor the 
functioning of the EEVS, including the volume 
of the workflow, the speed of processing of que-
ries, and the speed and accuracy of responses. 
These systems and processes shall be audited 
by the Government Accountability Office 9 
months after the date of enactment of this sec-
tion and 24 months after the date of enactment 
of this section. The Government Accountability 
Office shall report the results of the audits to 
Congress. 
‘‘(4) PARTICIPATION IN EEVS.—The Secretary 
has the following discretionary authority to require 
or to permit participation in the EEVS— 
‘‘(A) to permit any employer that is not re-
quired to participate in the EEVS to do so on 
a voluntary basis; and 
‘‘(B) to require any employer that is re-
quired to participate in the EEVS with respect 
to its newly hired employees also to do so with 
respect to its current workforce if the Secretary 
has reasonable cause to believe that the em-
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ployer has engaged in any violation of the immi-
gration laws. 
‘‘(5) CONSEQUENCE OF FAILURE TO PARTICI-
PATE.—If an employer is required under this sub-
section to participate in the EEVS and fails to com-
ply with the requirements of such program with re-
spect to an individual— 
‘‘(A) such failure shall be treated as a vio-
lation of subsection (a)(1)(B) of this section 
with respect to that individual, and 
‘‘(B) a rebuttable presumption is created 
that the employer has violated subsection 
(a)(1)(A) or (a)(2) of this section. 
Subparagraph (B) shall not apply in any prosecution 
under subsection 274A(f)(1). 
‘‘(6) PROCEDURES FOR PARTICIPANTS IN THE 
EEVS.— 
‘‘(A) IN GENERAL.—An employer partici-
pating in the EEVS must register in the EEVS 
and conform to the following procedures in the 
event of hiring, recruiting, or referring any in-
dividual for employment in the United States: 
‘‘(i) REGISTRATION OF EMPLOYERS.— 
The Secretary, through notice in the Fed-
eral Register, shall prescribe procedures 
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that employers must follow to register in 
the EEVS. In prescribing these proce-
dures, the Secretary shall have authority to 
require employers to provide: 
‘‘(I) employer’s name; 
‘‘(II) 
employer’s 
Employment 
Identification Number (EIN); 
‘‘(III) company address; 
‘‘(IV) name, position and Social 
Security number of the employer’s 
employees accessing the EEVS; and 
‘‘(V) such other information as 
the Secretary deems necessary to en-
sure proper use and security of the 
EEVS. 
The Secretary shall require employers to 
undergo such training as the Secretary 
deems necessary to ensure proper use and 
security of the EEVS. To the extent prac-
ticable, such training shall be made avail-
able electronically. 
‘‘(ii) PROVISION OF ADDITIONAL IN-
FORMATION.—The employer shall obtain 
from the individual (and the individual 
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shall provide) and shall record in such 
manner as the Secretary may specify— 
‘‘(I) an individual’s Social Secu-
rity account number, 
‘‘(II) if the individual does not 
attest to United States nationality 
under subsection (c)(2) of this section, 
such identification or authorization 
number established by the Depart-
ment of Homeland Security as the 
Secretary of Homeland Security shall 
specify, and 
‘‘(III) such other information as 
the Secretary may require to deter-
mine the identity and work authoriza-
tion of an employee. 
‘‘(iii) PRESENTATION OF DOCUMENTA-
TION.—The employer, and the individual 
whose identity and employment eligibility 
are being confirmed, shall fulfill the re-
quirements of subsection (c) of this sec-
tion. 
‘‘(B) SEEKING CONFIRMATION.— 
‘‘(i) The employer shall use the EEVS 
to provide to the Secretary all required in-
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formation in order to obtain confirmation 
of the identity and employment eligibility 
of any individual no earlier than the date 
of hire and no later than on the first day 
of employment (or recruitment or referral, 
as the case may be). An employer may not, 
however, make the starting date of an indi-
vidual’s employment contingent on the re-
ceipt of a confirmation of the identity and 
employment eligibility. 
‘‘(ii) For reverification of an employee 
with a limited period of work authoriza-
tion, all required verification procedures 
must be complete on the date the employ-
ee’s work authorization expires. 
‘‘(iii) For initial verification of an em-
ployee hired before the employer is subject 
to the employment eligibility verification 
system, all required procedures must be 
complete on such date as the Secretary 
shall specify in accordance with subpara-
graph (d)(2)(E). 
‘‘(iv) The Secretary shall provide, and 
the employer shall utilize, as part of 
EEVS, a method of communicating notices 
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and requests for information or action on 
the part of the employer with respect to 
expiring work authorization or status and 
other matters. Additionally, the Secretary 
shall provide a method of notifying employ-
ers of a confirmation, nonconfirmation or a 
notice that further action is required (‘fur-
ther action notice’). The employer shall 
communicate to the individual that is the 
subject of the verification all information 
provided to the employer by the EEVS for 
communication to the individual in a time-
ly manner. 
‘‘(C) CONFIRMATION
OR
NONCONFIRMA-
TION.— 
‘‘(i) 
INITIAL
RESPONSE.—The 
verification system shall provide a con-
firmation, a nonconfirmation, or a further 
action notice of an individual’s identity and 
employment eligibility at the time of the 
inquiry, unless for technological reasons or 
due to unforeseen circumstances, the 
EEVS is unable to provide such confirma-
tion or further action notice. In such situa-
tions, the system shall provide confirma-
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tion or further action notice within 3 busi-
ness days of the initial inquiry. If pro-
viding confirmation or further action no-
tice, the EEVS shall provide an appro-
priate code indicating such confirmation or 
such further action notice. 
‘‘(ii) CONFIRMATION
UPON
INITIAL 
INQUIRY.—When the employer receives an 
appropriate confirmation of an individual’s 
identity and work eligibility under the 
EEVS, the employer shall record the con-
firmation in such manner as the Secretary 
may specify. 
‘‘(iii) FURTHER ACTION NOTICE UPON 
INITIAL
INQUIRY
AND
SECONDARY 
VERIFICATION.— 
‘‘(I) 
FURTHER
ACTION
NO-
TICE.—If the employer receives a fur-
ther action notice of an individual’s 
identity or work eligibility under the 
EEVS, the employer shall inform the 
individual without delay for whom the 
confirmation is sought of the further 
action notice and any procedures spec-
ified by the Secretary for addressing 
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the further action notice. The em-
ployee must acknowledge in writing 
the receipt of the further action notice 
from the employer. 
‘‘(II) 
CONTEST.—Within 
ten 
business days from the date of notifi-
cation to the employee, the employee 
must contact the appropriate agency 
to contest the further action notice 
and, if the Secretary so requires, ap-
pear in person at the appropriate 
Federal or State agency for purposes 
of verifying the individual’s identity 
and employment authorization. The 
Secretary, in consultation with the 
Commissioner of Social Security and 
other appropriate Federal and State 
agencies, shall specify an available 
secondary verification procedure to 
confirm the validity of information 
provided and to provide a final con-
firmation or nonconfirmation. An indi-
vidual contesting a further action no-
tice must attest under penalty of per-
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jury to his identity and employment 
authorization. 
‘‘(III) NO CONTEST.—If the indi-
vidual does not contest the further ac-
tion notice within the period specified 
in subparagraph (5)(C)(iii)(II), a final 
nonconfirmation shall issue. The em-
ployer shall then record the noncon-
firmation in such manner as the Sec-
retary may specify. 
‘‘(IV) 
FINALITY.—The 
EEVS 
shall provide a final confirmation or 
nonconfirmation within 10 business 
days from the date of the employee’s 
contesting of the further action notice. 
As long as the employee is taking the 
steps required by the Secretary and 
the agency that the employee has con-
tacted to resolve a further action no-
tice, the Secretary shall extend the pe-
riod of investigation until the sec-
ondary verification procedure allows 
the Secretary to provide a final con-
firmation or nonconfirmation. If the 
employee fails to take the steps re-
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quired by the Secretary and the ap-
propriate agency, a final nonconfirma-
tion may be issued to that employee. 
‘‘(V) 
RE-EXAMINATION.—Noth-
ing in this section shall prevent the 
Secretary from reexamining a case 
where a final confirmation has been 
provided if subsequently received in-
formation indicates that the individual 
may not be work authorized. 
‘‘(VI) TERMINATION.—In no case 
shall an employer terminate employ-
ment of an individual solely because of 
a failure of the individual to have 
identity and work eligibility confirmed 
under this section until a noncon-
firmation becomes final and the pe-
riod to timely file an administrative 
appeal has passed, and in the case 
where an administrative appeal has 
been denied, the period to timely file 
a petition for judicial review has 
passed. When final confirmation or 
nonconfirmation is provided, the con-
firmation system shall provide an ap-
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propriate code indicating such con-
firmation or nonconfirmation. An indi-
vidual’s failure to contest a further 
action notice shall not be considered 
an admission of guilt with respect to 
any violation of this section or any 
provision of law. 
‘‘(D) CONSEQUENCES
OF
NONCONFIRMA-
TION.— 
‘‘(i) TERMINATION
OF
CONTINUED 
EMPLOYMENT.—If the employer has re-
ceived a final nonconfirmation regarding 
an individual, the employer shall terminate 
employment (or recruitment or referral) of 
the individual, unless the individual files 
an administrative appeal of a final noncon-
firmation notice under paragraph (7) with-
in the time period prescribed in that para-
graph and the Secretary or the Commis-
sioner stays the final nonconfirmation no-
tice pending the resolution of the adminis-
trative appeal. 
‘‘(ii) 
CONTINUED
EMPLOYMENT 
AFTER FINAL NONCONFIRMATION.—If the 
employer continues to employ (or to recruit 
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or refer) an individual after receiving final 
nonconfirmation (unless the individual filed 
an administrative appeal of a final noncon-
firmation notice under paragraph (7) with-
in the time period prescribed in that para-
graph and the Secretary of the Commis-
sioner stayed the final nonconfirmation no-
tice pending the resolution of the adminis-
trative appeal), a rebuttable presumption is 
created that the employer has violated sub-
sections (a)(1)(A) and (a)(2) of this sec-
tion. The previous sentence shall not apply 
in any prosecution under subsection (f)(1) 
of this section. 
‘‘(E) OBLIGATION TO RESPOND TO QUE-
RIES AND ADDITIONAL INFORMATION.— 
‘‘(i) Employers are required to comply 
with requests from the Secretary through 
EEVS for information, including queries 
concerning current and former employees 
that relate to the functioning of the EEVS, 
the accuracy of the responses provided by 
the EEVS, and any suspected fraud or 
identity theft in the use of the EEVS. 
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Failure to comply with such a request is a 
violation of section (a)(1)(B). 
‘‘(ii) 
Individuals 
being 
verified 
through EEVS may be required to take 
further action to address irregularities 
identified in the documents relied upon for 
purposes of employment verification. The 
employer shall communicate to the indi-
vidual any such requirement for further ac-
tions and shall record the date and manner 
of such communication. The individual 
must acknowledge in writing the receipt of 
this communication from the employer. 
Failure to communicate such a require-
ment is a violation of section (a)(1)(B). 
‘‘(iii) The Secretary is authorized, 
with notice to the public provided in the 
Federal Register, to implement, clarify, 
and supplement the requirements of this 
paragraph in order to facilitate the func-
tioning of the EEVS or to prevent fraud or 
identity theft in the use of the EEVS. 
‘‘(F) IMPERMISSIBLE USE OF THE EEVS.— 
‘‘(i) An employer may not use the 
EEVS to verify an individual prior to ex-
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tending to the individual an offer of em-
ployment. 
‘‘(ii) An employer may not require an 
individual to verify the individual’s own 
employment eligibility through the EEVS 
as a condition of extending to that indi-
vidual an offer of employment. Nothing in 
this paragraph shall be construed to pre-
vent an employer from encouraging an em-
ployee or a prospective employee from 
verifying the employee’s or a prospective 
employee’s own employment eligibility prior 
to obtaining employment pursuant to para-
graph (5)(H). 
‘‘(iii) An employer may not terminate 
an individual’s employment solely because 
that individual has been issued a further 
action notice. 
‘‘(iv) An employer may not take the 
following actions solely because an indi-
vidual has been issued a further action no-
tice: 
‘‘(I) reduce salary, bonuses or 
other compensation due to the em-
ployee; 
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‘‘(II) suspend the employee with-
out pay; 
‘‘(III) reduce the hours that the 
employee is required to work if such 
reduction is accompanied by a reduc-
tion in salary, bonuses or other com-
pensation due to the employee, except 
that, with the agreement of the em-
ployee, an employer may provide an 
employee with reasonable time off 
without pay in order to contest and 
resolve the further action notice re-
ceived by the employee; and 
‘‘(IV) deny the employee the 
training necessary to perform the em-
ployment duties for which the em-
ployee has been hired. 
‘‘(v) An employer may not, in the 
course of utilizing the procedures for docu-
ment verification set forth in subsection 
(c), require that a prospective employee 
present additional documents or different 
documents than those prescribed under 
that subsection. 
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‘‘(vi) The Secretary of Homeland Se-
curity shall develop the necessary policies 
and procedures to monitor employers’ use 
of the EEVS and their compliance with the 
requirements set forth in this section. Em-
ployers are required to comply with re-
quests from the Secretary for information 
related to any monitoring, audit or inves-
tigation undertaken pursuant to this sub-
paragraph. 
‘‘(vii) The Secretary of Homeland Se-
curity, in consultation with the Secretary 
of Labor, shall establish and maintain a 
process by which any employee (or any 
prospective employee who would otherwise 
have been hired) who has reason to believe 
that an employer has violated subpara-
graphs (i)–(v) may file a complaint against 
the employer. 
‘‘(viii) Any employer found to have 
violated subparagraphs (i)–(v) shall pay a 
civil penalty of up to $10,000 for each vio-
lation. 
‘‘(ix) This paragraph is not intended 
to, and does not, create any right, benefit, 
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trust, or responsibility, whether substantive 
or procedural, enforceable at law or equity 
by a party against the United States, its 
departments, agencies, instrumentalities, 
entities, officers, employees, or agents, or 
any person, nor does it create any right of 
review in a judicial proceeding. 
‘‘(x) No later than 3 months after the 
date of enactment of this section, the Sec-
retary of Homeland Security, in coopera-
tion with the Secretary of Labor and the 
Administrator of the Small Business Ad-
ministration, shall conduct a campaign to 
disseminate information respecting the 
rights and remedies prescribed under this 
section. Such campaign shall be aimed at 
increasing the knowledge of employers, em-
ployees, and the general public concerning 
employer and employee rights, responsibil-
ities and remedies under this section. 
‘‘(I) In order to carry out the 
campaign under this paragraph, the 
Secretary of Homeland Security may, 
to the extent deemed appropriate and 
subject to the availability of appro-
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priations, contract with public and 
private organizations for outreach ac-
tivities under the campaign. 
‘‘(II) There are authorized to be 
appropriated to carry out this para-
graph $40,000,000 for each fiscal 
year 2007 through 2009. 
‘‘(G) Based on a regular review of the 
EEVS and the document verification proce-
dures to identify fraudulent use and to assess 
the security of the documents being used to es-
tablish identity or employment authorization, 
the Secretary in consultation with the Commis-
sioner of Social Security may modify by Notice 
published in the Federal Register the docu-
ments that must be presented to the employer, 
the information that must be provided to EEVS 
by the employer, and the procedures that must 
be followed by employers with respect to any as-
pect of the EEVS if the Secretary in his discre-
tion concludes that the modification is nec-
essary to ensure that EEVS accurately and reli-
ably determines the work authorization of em-
ployees while providing protection against fraud 
and identity theft. 
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‘‘(H) Subject to appropriate safeguards to 
prevent misuse of the system, the Secretary in 
consultation with the Commissioner of Social 
Security, shall establish secure procedures to 
permit an individual who seeks to verify the in-
dividual’s own employment eligibility prior to 
obtaining or changing employment, to contact 
the appropriate agency and, in a timely man-
ner, correct or update the information used by 
the EEVS. 
‘‘(7) PROTECTION
FROM
LIABILITY
FOR
AC-
TIONS TAKEN ON THE BASIS OF INFORMATION PRO-
VIDED
BY
THE
CONFIRMATION
SYSTEM.—No em-
ployer participating in the EEVS shall be liable 
under any law for any employment-related action 
taken with respect to the employee in good faith reli-
ance on information provided through the confirma-
tion system. 
‘‘(8) ADMINISTRATIVE REVIEW.— 
‘‘(A) IN GENERAL.—An individual who re-
ceives a final nonconfirmation notice may, not 
later than 30 days after the date that such no-
tice is received, file an administrative appeal of 
such final notice. An individual who did not 
timely contest a further action notice may not 
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avail himself of this paragraph. Unless the Sec-
retary of Homeland Security, in consultation 
with the Commissioner of Social Security, speci-
fies otherwise, all administrative appeals shall 
be filed as follows: 
‘‘(i) NATIONALS
OF
THE
UNITED 
STATES.—An individual claiming to be a 
national of the United States shall file the 
administrative appeal with the Commis-
sioner. 
‘‘(ii) ALIENS.—An individual claiming 
to be an alien authorized to work in the 
United States shall file the administrative 
appeal with the Secretary. 
‘‘(B) REVIEW FOR ERROR.—The Secretary 
and the Commissioner shall each develop proce-
dures for resolving administrative appeals re-
garding final nonconfirmations based upon the 
information that the individual has provided, in-
cluding any additional evidence that was not 
previously considered. Appeals shall be resolved 
within 30 days after the individual has sub-
mitted all evidence relevant to the appeal. The 
Secretary and the Commissioner may, on a case 
by case basis for good cause, extend this period 
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in order to ensure accurate resolution of an ap-
peal before him. Administrative review under 
this paragraph (7) shall be limited to whether 
the final nonconfirmation notice is supported by 
the weight of the evidence. 
‘‘(C) ADMINISTRATIVE RELIEF.—The relief 
available under this paragraph (7) is limited to 
an administrative order upholding, reversing, 
modifying, amending, or setting aside the final 
nonconfirmation notice. The Secretary or the 
Commissioner shall stay the final nonconfirma-
tion notice pending the resolution of the admin-
istrative appeal unless the Secretary or the 
Commissioner determines that the administra-
tive appeal is frivolous, unlikely to succeed on 
the merits, or filed for purposes of delay and 
terminates the stay. 
‘‘(D) DAMAGES, FEES
AND
COSTS.—No 
money damages, fees or costs may be awarded 
in the administrative review process, and no 
court shall have jurisdiction to award any dam-
ages, fees or costs relating to such administra-
tive review under the Equal Access to Justice 
Act or any other law. 
‘‘(9) JUDICIAL REVIEW.— 
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‘‘(A) EXCLUSIVE
PROCEDURE.—Notwith-
standing any other provision of law (statutory 
or nonstatutory) including sections 1361 and 
1651 of title 28, no court shall have jurisdiction 
to consider any claim against the United States, 
or any of its agencies, officers, or employees, 
challenging or otherwise relating to a final non-
confirmation notice or to the EEVS, except as 
specifically provided by this paragraph. Judicial 
review of a final nonconfirmation notice is gov-
erned only by chapter 158 of title 28, except as 
provided below. 
‘‘(B) REQUIREMENTS FOR REVIEW OF A 
FINAL
NONCONFIRMATION
NOTICE.—With re-
spect to review of a final nonconfirmation notice 
under subsection (a), the following requirements 
apply: 
‘‘(i) DEADLINE.—The petition for re-
view must be filed no later than 30 days 
after the date of the completion of the ad-
ministrative appeal. 
‘‘(ii) VENUE AND FORMS.—The peti-
tion for review shall be filed with the 
United States Court of Appeals for the ju-
dicial circuit wherein the petitioner resided 
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when the final nonconfirmation notice was 
issued. The record and briefs do not have 
to be printed. The court of appeals shall 
review the proceeding on a typewritten 
record and on typewritten briefs. 
‘‘(iii) SERVICE.—The respondent is ei-
ther the Secretary of Homeland Security 
or the Commissioner of Social Security, 
but not both, depending upon who issued 
(or affirmed) the final nonconfirmation no-
tice. In addition to serving the respondent, 
the petitioner must also serve the Attorney 
General. 
‘‘(iv) PETITIONER’S BRIEF.—The pe-
titioner shall serve and file a brief in con-
nection with a petition for judicial review 
not later than 40 days after the date on 
which the administrative record is avail-
able, and may serve and file a reply brief 
not later than 14 days after service of the 
brief of the respondent, and the court may 
not extend these deadlines, except for good 
cause shown. If a petitioner fails to file a 
brief within the time provided in this para-
graph, the court shall dismiss the appeal 
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unless a manifest injustice would result. 
The court of appeals may set an expedited 
briefing schedule. 
‘‘(v) SCOPE AND STANDARD FOR RE-
VIEW.—The court of appeals shall decide 
the petition only on the administrative 
record on which the final nonconfirmation 
order is based. The burden shall be on the 
petitioner to show that the final noncon-
firmation decision was arbitrary, capri-
cious, not supported by substantial evi-
dence, or otherwise not in accordance with 
law. Administrative findings of fact are 
conclusive unless any reasonable adjudi-
cator would be compelled to conclude to 
the contrary. 
‘‘(vi) STAY.—The court of appeals 
shall stay the final nonconfirmation notice 
pending its decision on the petition for re-
view unless the court determines that the 
petition for review is frivolous, unlikely to 
succeed on the merits, or filed for purposes 
of delay. 
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‘‘(C) EXHAUSTION
OF
ADMINISTRATIVE 
REMEDIES.—A court may review a final non-
confirmation order only if— 
‘‘(i) the petitioner has exhausted all 
administrative remedies available to the 
alien as of right, and 
‘‘(ii) another court has not decided 
the validity of the order, unless the review-
ing court finds that the petition presents 
grounds that could not have been pre-
sented in the prior judicial proceeding or 
that the remedy provided by the prior pro-
ceeding was inadequate or ineffective to 
test the validity of the order. 
‘‘(D) LIMIT ON INJUNCTIVE RELIEF.—Re-
gardless of the nature of the action or claim or 
of the identity of the party or parties bringing 
the action, no court (other than the Supreme 
Court) shall have jurisdiction or authority to 
enjoin or restrain the operation of the provi-
sions in this section, other than with respect to 
the application of such provisions to an indi-
vidual petitioner. 
‘‘(10) MANAGEMENT OF EMPLOYMENT ELIGI-
BILITY VERIFICATION SYSTEM.— 
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‘‘(A) IN
GENERAL.—The Secretary shall 
manage and modify the EEVS in order to— 
‘‘(i) respond to inquiries made by par-
ticipating employers at any time through 
the internet concerning an individual’s 
identity and whether the individual is au-
thorized to be employed; 
‘‘(ii) maintain records of the inquiries 
that were made, of confirmations provided 
(or not provided), and of the codes pro-
vided to employers as evidence of their 
compliance with their obligations under the 
EEVS; and 
‘‘(iii) provide information to, and re-
quest action by, employers and individuals 
using the system, including notifying em-
ployers in advance of the expiration or 
other relevant change in an employee’s em-
ployment authorization, and directing an 
employer to convey to the employee a re-
quest to contact the appropriate Federal or 
State agency. 
‘‘(B) OPERATION OF SYSTEM.—The EEVS 
shall be operated— 
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‘‘(i) to maximize its reliability and 
ease of use by employers consistent with 
insulating and protecting the privacy and 
security of the underlying information; 
‘‘(ii) to respond accurately to all in-
quiries made by employers on whether in-
dividuals are authorized to be employed 
and to register any times when the system 
is unable to receive inquiries; 
‘‘(iii) to maintain appropriate admin-
istrative, technical, and physical safeguards 
to prevent unauthorized disclosure of per-
sonal information; 
‘‘(iv) to allow for auditing use of the 
system to detect fraud and identify theft, 
and to preserve the security of the infor-
mation in all of the system, including but 
not limited to the following: 
‘‘(I) to develop and use algo-
rithms to detect potential identity 
theft, such as multiple uses of the 
same identifying information or docu-
ments; 
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‘‘(II) to develop and use algo-
rithms to detect misuse of the system 
by employers and employees; 
‘‘(III) to develop capabilities to 
detect anomalies in the use of the sys-
tem that may indicate potential fraud 
or misuse of the system; and 
‘‘(IV) to audit documents and in-
formation submitted by potential em-
ployees to employers, including au-
thority to conduct interviews with em-
ployers and employees; 
‘‘(v) to confirm identity and work au-
thorization through verification of records 
maintained by the Secretary, other Federal 
departments, States, the Commonwealth of 
the Northern Mariana Islands, or an out-
lying possession of the United States, as 
determined necessary by the Secretary, in-
cluding— 
‘‘(I) records maintained by the 
Social Security Administration as 
specified in (D); 
‘‘(II) birth and death records 
maintained by vital statistics agencies 
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of any state or other United States 
jurisdiction; 
‘‘(III) passport and visa records 
(including photographs) maintained 
by the United States Department of 
State; and 
‘‘(IV) State driver’s license or 
identity card information (including 
photographs) maintained by State de-
partment of motor vehicles; and 
‘‘(vi) to confirm electronically the 
issuance of the employment authorization 
or identity document and to display the 
digital photograph that the issuer placed 
on the document so that the employer can 
compare the photograph displayed to the 
photograph on the document presented by 
the employee. If in exceptional cases a pho-
tograph is not available from the issuer, 
the Secretary shall specify a temporary al-
ternative procedure for confirming the au-
thenticity of the document. 
‘‘(C) OPERATIONAL AND TECHNICAL REG-
ULATIONS.—The Secretary is authorized, with 
notice to the public provided in the Federal 
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Register, to issue regulations concerning oper-
ational and technical aspects of the EEVS and 
the efficiency, accuracy, and security of the 
EEVS. 
‘‘(D) ACCESS TO INFORMATION.— 
‘‘(i) Notwithstanding any other provi-
sion of law, the Secretary of Homeland Se-
curity shall have access to relevant records 
described at paragraph (9)(B)(v), for the 
purposes of preventing identity theft and 
fraud in the use of the EEVS and enforc-
ing the provisions of this section governing 
employment verification. 
‘‘(ii) The Secretary, in consultation 
with the Commissioner of Social Security 
and other appropriate Federal and State 
agencies, shall develop policies and proce-
dures to ensure protection of the privacy 
and security of personally identifiable in-
formation and identifiers contained in the 
records accessed pursuant to this para-
graph and subparagraph (d)(5)(E)(i). The 
Secretary, in consultation with the Com-
missioner and other appropriate Federal 
and State agencies, shall develop and de-
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ploy appropriate privacy and security 
training for the Federal and State employ-
ees accessing the records pursuant to this 
paragraph and subparagraph (d)(5)(E)(i). 
‘‘(iii) The Chief Privacy Officer of the 
Department of Homeland Security shall 
conduct regular privacy audits of the poli-
cies and procedures established under sub-
paragraph (9)(D)(ii), including any collec-
tion, use, dissemination, and maintenance 
of personally identifiable information and 
any associated information technology sys-
tems, as well as scope of requests for this 
information. The Chief Privacy Officer 
shall review the results of the audits and 
recommend to the Secretary and the Pri-
vacy and Civil Liberties Oversight Board 
any changes necessary to improve the pri-
vacy protections of the program. 
‘‘(E) RESPONSIBILITIES
OF
THE
SEC-
RETARY OF HOMELAND SECURITY.— 
‘‘(i) As part of the EEVS, the Sec-
retary shall maintain a reliable, secure 
method, which, operating through the 
EEVS and within the time periods speci-
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fied, compares the name, alien identifica-
tion or authorization number, or other rel-
evant information provided in an inquiry 
against such information maintained or 
accessed by the Secretary in order to con-
firm (or not confirm) the validity of the in-
formation provided, the correspondence of 
the name and number, whether the alien is 
authorized to be employed in the United 
States (or, to the extent that the Secretary 
determines to be feasible and appropriate, 
whether the Secretary’s records verify 
United States citizenship), and such other 
information as the Secretary may pre-
scribe. 
‘‘(ii) As part of the EEVS, the Sec-
retary shall establish a reliable, secure 
method, which, operating through the 
EEVS, displays the digital photograph de-
scribed in paragraph (d)(9)(B)(vi). 
‘‘(iii) The Secretary shall have author-
ity to prescribe when a confirmation, non-
confirmation or further action notice shall 
be issued. 
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‘‘(iv) The Secretary shall perform reg-
ular audits under the EEVS, as described 
in paragraph (d)(9)(B)(iv) of this section 
and shall utilize the information obtained 
from such audits, as well as any informa-
tion obtained from the Commissioner of 
Social Security pursuant to section 4 of 
this Act, for the purposes of this Act and 
of immigration enforcement in general. 
‘‘(v) The Secretary shall make appro-
priate arrangements to allow employers 
who are otherwise unable to access the 
EEVS to use Federal Government facilities 
or public facilities in order to utilize the 
EEVS. 
‘‘(vi) The Secretary shall authorize 
certain entities to serve as liaisons between 
the electronic verification system and em-
ployers who wish to outsource submission 
of employment eligibility verification que-
ries for newly hired or current employees. 
The Secretary shall establish regulations 
modeled on the E-Verify Designated Agent 
program in place at the Department as of 
2007. Designated agents shall register 
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with the Department and sign a Memo-
randum of Understanding as determined 
by the Secretary. Additionally designated 
agents shall sign the determined Memo-
randum of Understanding with each em-
ployer who has designated the agent to 
perform verification services on their be-
half. The Secretary may authorize regula-
tions ensuring proper conduct and over-
sight of designated agents as appropriate. 
The Secretary shall make available to em-
ployers information on how to identify and 
enter into an agreement with a designated 
agent to arrange for such an agent to per-
form verification services on their behalf. 
‘‘(F) RESPONSIBILITIES
OF
THE
SEC-
RETARY OF STATE.—As part of the EEVS, the 
Secretary of State shall provide to the Sec-
retary access to passport and visa information 
as needed to confirm that a passport or pass-
port card presented under section (c)(1)(B) be-
longs to the subject of the EEVS check, or that 
a passport or visa photograph matches an indi-
vidual. 
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‘‘(G) 
UPDATING
INFORMATION.—The 
Commissioner of Social Security and the Secre-
taries of Homeland Security and State shall up-
date their information in a manner that pro-
motes maximum accuracy and shall provide a 
process for the prompt correction of erroneous 
information. 
‘‘(11) LIMITATION ON USE OF THE EMPLOY-
MENT
ELIGIBILITY
VERIFICATION
SYSTEM.—Not-
withstanding any other provision of law, nothing in 
this subsection shall be construed to permit or allow 
any department, bureau, or other agency of the 
United States Government to utilize any informa-
tion, database, or other records assembled under this 
subsection for any purpose other than for the en-
forcement and administration of the immigration 
laws, anti-terrorism laws, or for enforcement of Fed-
eral criminal law related to the functions of the 
EEVS, including prohibitions on forgery, fraud and 
identity theft. 
‘‘(12) UNAUTHORIZED USE OR DISCLOSURE OF 
INFORMATION.—Any employee of the Department of 
Homeland Security or another Federal or State 
agency who knowingly uses or discloses the informa-
tion assembled under this subsection for a purpose 
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other than one authorized under this section shall 
pay a civil penalty of $5,000–$50,000 for each viola-
tion. 
‘‘(13) CONFORMING AMENDMENT.—Public Law 
104–208, div. C, title IV, subtitle A, sections 402– 
405 are repealed, provided that nothing in this sub-
section shall be construed to limit the authority of 
the Secretary to allow or continue to allow the par-
ticipation of Basic Pilot employers in the EEVS es-
tablished by this subsection. 
‘‘(14) FUNDS.—In addition to any appropriated 
funds, the Secretary is authorized to use funds pro-
vided in sections 286 (m) and (n), for the mainte-
nance and operation of the EEVS. EEVS shall be 
considered an immigration adjudication service for 
purposes of sections 286 (m) and (n). 
‘‘(15) 
NON-DISCRIMINATION.—The 
employer 
shall use the procedures for EEVS specified in this 
section for all employees without regard to national 
origin or citizenship status. 
‘‘(e) COMPLIANCE.— 
‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 
Secretary of Homeland Security shall establish pro-
cedures— 
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‘‘(A) for individuals and entities to file 
complaints respecting potential violations of 
subsection (a) or (g)(1); 
‘‘(B) for the investigation of those com-
plaints which the Secretary deems it appro-
priate to investigate; and 
‘‘(C) for the investigation of such other 
violations of subsection (a) or (g)(1) as the Sec-
retary determines to be appropriate. 
‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con-
ducting investigations and hearings under this sub-
section— 
‘‘(A) immigration officers shall have rea-
sonable access to examine evidence of any em-
ployer being investigated; and 
‘‘(B) immigration officers designated by 
the Secretary may compel by subpoena the at-
tendance of witnesses and the production of evi-
dence at any designated place in an investiga-
tion or case under this subsection. In case of 
contumacy or refusal to obey a subpoena law-
fully issued under this paragraph, the Secretary 
may request that the Attorney General apply in 
an appropriate district court of the United 
States for an order requiring compliance with 
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such subpoena, and any failure to obey such 
order may be punished by such court as a con-
tempt thereof. Failure to cooperate with such 
subpoena shall be subject to further penalties, 
including but not limited to further fines and 
the voiding of any mitigation of penalties or ter-
mination of proceedings under subsection 
(e)(3)(B). 
‘‘(3) COMPLIANCE PROCEDURES.— 
‘‘(A) PRE-PENALTY NOTICE.—If the Sec-
retary has reasonable cause to believe that 
there has been a civil violation of this section or 
the requirements of this section, including but 
not limited to subsections (b), (c), (d), and (k), 
and determines that further proceedings are 
warranted, the Secretary shall issue to the em-
ployer concerned a written notice of the Depart-
ment’s intention to issue a claim for a monetary 
or other penalty. Such pre-penalty notice 
shall— 
‘‘(i) describe the violation; 
‘‘(ii) specify the laws and regulations 
allegedly violated; 
‘‘(iii) disclose the material facts which 
establish the alleged violation; and 
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‘‘(iv) inform such employer that he or 
she shall have a reasonable opportunity to 
make representations as to why a claim for 
a monetary or other penalty should not be 
imposed. 
‘‘(B) REMISSION OR MITIGATION OF PEN-
ALTIES.—Whenever any employer receives writ-
ten pre-penalty notice of a fine or other penalty 
in accordance with subparagraph (A), the em-
ployer may file, within 15 days from receipt of 
such notice, with the Secretary a petition for 
the remission or mitigation of such fine or pen-
alty, or a petition for termination of the pro-
ceedings. The petition may include any relevant 
evidence or proffer of evidence the employer 
wishes to present, and shall be filed and consid-
ered in accordance with procedures to be estab-
lished by the Secretary. If the Secretary finds 
that such fine, penalty, or forfeiture was in-
curred erroneously, or finds the existence of 
such mitigating circumstances as to justify the 
remission or mitigation of such fine or penalty, 
the Secretary may remit or mitigate the same 
upon such terms and conditions as the Sec-
retary deems reasonable and just, or order ter-
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mination of any proceedings relating thereto. 
Such mitigating circumstances may include, but 
need not be limited to, good faith compliance 
and participation in, or agreement to partici-
pate in, the EEVS, if not otherwise required. 
This subparagraph shall not apply to an em-
ployer that has or is engaged in a pattern or 
practice of violations of subsection (a)(1)(A), 
(a)(1)(B), or (a)(2) or of any other require-
ments of this section. 
‘‘(C) PENALTY CLAIM.—After considering 
evidence and representations, if any, offered by 
the employer pursuant to subparagraph (B), 
the Secretary shall determine whether there was 
a violation and promptly issue a written final 
determination setting forth the findings of fact 
and conclusions of law on which the determina-
tion is based. If the Secretary determines that 
there was a violation, the Secretary shall issue 
the final determination with a written penalty 
claim. The penalty claim shall specify all 
charges in the information provided under 
clauses (i) through (iii) of subparagraph (A) 
and any mitigation or remission of the penalty 
that the Secretary deems appropriate. 
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‘‘(4) CIVIL PENALTIES.— 
‘‘(A) HIRING
AND
CONTINUED
EMPLOY-
MENT
OF
UNAUTHORIZED
ALIENS.—Any em-
ployer that violates any provision of subsection 
(a)(1)(A) or (a)(2) shall— 
‘‘(i) pay a civil penalty of not less 
than $550 and not more than $4,400 for 
each unauthorized alien with respect to 
which each violation of either subsection 
(a)(1)(A) or (a)(2) occurred; 
‘‘(ii) if an employer has previously 
been fined under subsection (e)(4)(A), pay 
a civil penalty of not less than $4,400 and 
not more than $11,000 for each unauthor-
ized alien with respect to which a violation 
of either subsection (a)(1)(A) or (a)(2) oc-
curred; 
‘‘(iii) if an employer has previously 
been fined more than once under sub-
section (e)(4), pay a civil penalty of not 
less than $6,600 and not more than 
$22,000 for each unauthorized alien with 
respect to which a violation of either sub-
section has occurred. This penalty shall 
apply, in addition to any penalties pre-
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viously assessed, to employers who fail to 
comply with a previously issued and final 
order under this section; 
‘‘(iv) if an employer has previously 
been fined more than twice under sub-
section (e)(4)(A), pay a civil penalty of 
‘‘$10,000 for each alien with respect to 
which a violation of either subsection 
(a)(1) or (a)(2) occurred; and 
‘‘(v) in addition to any penalties pre-
viously assessed, an employer who fails to 
comply with a previously issued and final 
order under this section shall be fined 
$25,000 for each violation. 
‘‘(B) RECORDKEEPING
OR
VERIFICATION 
PRACTICES.—Any employer that violates or fails 
to comply with any requirement of subsection 
(b), (c), and (d), shall pay a civil penalty as fol-
lows: 
‘‘(i) Pay a civil penalty of $1,000 for 
each violation. 
‘‘(ii) If an employer has previously 
been fined under subsection (e)(4)(B), pay 
a civil penalty of $2,000 for each violation. 
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duration or scope of the proposed debarment, or 
may refer to an appropriate lead agency the decision 
of whether to seek debarment of the employer, for 
what duration, and under what scope in accordance 
with the procedures and standards prescribed by the 
Federal Acquisition Regulation. However, any pro-
posed debarment predicated on an administrative de-
termination of liability for civil penalty by the Sec-
retary or the Attorney General shall not be review-
able in any debarment proceeding. 
‘‘(3) SUSPENSION.—Indictments for violations 
of this section or adequate evidence of actions that 
could form the basis for debarment under this sub-
section shall be considered a cause for suspension 
under the procedures and standards for suspension 
prescribed by the Federal Acquisition Regulation. 
‘‘(4) INADVERTENT
VIOLATION.—Inadvertent 
violations of recordkeeping or verification require-
ments, in the absence of any other violations of this 
section, shall not be a basis for determining that an 
employer is a repeat violator for purposes of this 
subsection. 
‘‘(i) MISCELLANEOUS PROVISIONS.— 
‘‘(1) DOCUMENTATION.—In providing docu-
mentation or endorsement of authorization of aliens 
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