185 
‘‘(ii) the exclusion of certain individ-
uals 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; 
‘‘(E) to maximize the prevention of iden-
tity theft use in the system; and 
‘‘(F) to limit the subjects of verification to 
the following individuals: 
‘‘(i) Individuals hired, referred, or re-
cruited, in accordance with paragraph (1) 
or (4) of subsection (b). 
‘‘(ii) Employees and prospective em-
ployees, in accordance with paragraph (1), 
(2), (3), or (4) of subsection (b). 
‘‘(iii) Individuals seeking to confirm 
their own employment eligibility on a vol-
untary basis. 
‘‘(5) RESPONSIBILITIES OF COMMISSIONER OF 
SOCIAL SECURITY.—As part of the verification sys-
tem, the Commissioner of Social Security, in con-
sultation with the Secretary of Homeland Security 
(and any designee of the Secretary selected to estab-
lish and administer the verification system), shall es-
tablish a reliable, secure method, which, within the
186 
time periods specified under paragraphs (2) and (3), 
compares the name and social security account num-
ber provided in an inquiry against such information 
maintained by the Commissioner in order to validate 
(or not validate) the information provided regarding 
an individual whose identity and employment eligi-
bility must be confirmed, the correspondence of the 
name and number, and whether the individual has 
presented a social security account number that is 
not valid for employment. The Commissioner shall 
not disclose or release social security information 
(other than such confirmation or nonconfirmation) 
under the verification system except as provided for 
in this section or section 205(c)(2)(I) of the Social 
Security Act. 
‘‘(6) RESPONSIBILITIES
OF
SECRETARY
OF 
HOMELAND SECURITY.—As part of the verification 
system, the Secretary of Homeland Security (in con-
sultation with any designee of the Secretary selected 
to establish and administer the verification system), 
shall establish a reliable, secure method, which, with-
in the time periods specified under paragraphs (2) 
and (3), compares the name and alien identification 
or authorization number (or any other information 
as determined relevant by the Secretary) which are
187 
provided in an inquiry against such information 
maintained or accessed by the Secretary in order to 
validate (or not validate) the information provided, 
the correspondence of the name and number, wheth-
er 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 records available to the Secretary verify the 
identity or status of a national of the United States. 
‘‘(7) UPDATING INFORMATION.—The Commis-
sioner of Social Security and the Secretary of Home-
land Security shall update their information in a 
manner that promotes the maximum accuracy and 
shall provide a process for the prompt correction of 
erroneous information, including instances in which 
it is brought to their attention in the secondary 
verification process described in paragraph (3). 
‘‘(8) 
LIMITATION
ON
USE
OF
THE 
VERIFICATION
SYSTEM
AND
ANY
RELATED
SYS-
TEMS.— 
‘‘(A) 
NO
NATIONAL
IDENTIFICATION 
CARD.—Nothing in this section shall be con-
strued to authorize, directly or indirectly, the 
issuance or use of national identification cards
188 
or the establishment of a national identification 
card. 
‘‘(B) CRITICAL
INFRASTRUCTURE.—The 
Secretary may authorize or direct any person or 
entity responsible for granting access to, pro-
tecting, securing, operating, administering, or 
regulating part of the critical infrastructure (as 
defined in section 1016(e) of the Critical Infra-
structure Protection Act of 2001 (42 U.S.C. 
5195c(e))) to use the verification system to the 
extent the Secretary determines that such use 
will assist in the protection of the critical infra-
structure. 
‘‘(9) REMEDIES.—If an individual alleges that 
the individual would not have been dismissed from 
a job or would have been hired for a job but for an 
error of the verification mechanism, the individual 
may seek compensation only through the mechanism 
of the Federal Tort Claims Act, and injunctive relief 
to correct such error. No class action may be 
brought under this paragraph.’’. 
SEC. 803. RECRUITMENT, REFERRAL, AND CONTINUATION 
OF EMPLOYMENT. 
(a) ADDITIONAL CHANGES TO RULES FOR RECRUIT-
MENT, REFERRAL, AND CONTINUATION
OF EMPLOY-
189 
MENT.—Section 274A(a) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(a)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘for a fee’’; 
(2) in paragraph (1), by amending subpara-
graph (B) to read as follows: 
‘‘(B) to hire, continue to employ, or to re-
cruit or refer for employment in the United 
States an individual without complying with the 
requirements of subsection (b).’’; and 
(3) in paragraph (2), by striking ‘‘after hiring 
an alien for employment in accordance with para-
graph (1),’’ and inserting ‘‘after complying with 
paragraph (1),’’. 
(b) DEFINITION.—Section 274A(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(h)), as amended 
by section 801(b) of this title, is further amended by add-
ing at the end the following: 
‘‘(5) DEFINITION OF RECRUIT OR REFER.—As 
used in this section, the term ‘refer’ means the act 
of sending or directing a person who is in the United 
States or transmitting documentation or information 
to another, directly or indirectly, with the intent of 
obtaining employment in the United States for such 
person. Only persons or entities referring for remu-
neration (whether on a retainer or contingency
190 
basis) are included in the definition, except that 
union hiring halls that refer union members or non-
union individuals who pay union membership dues 
are included in the definition whether or not they re-
ceive remuneration, as are labor service entities or 
labor service agencies, whether public, private, for- 
profit, or nonprofit, that refer, dispatch, or other-
wise facilitate the hiring of laborers for any period 
of time by a third party. As used in this section, the 
term ‘recruit’ means the act of soliciting a person 
who is in the United States, directly or indirectly, 
and referring the person to another with the intent 
of obtaining employment for that person. Only per-
sons or entities referring for remuneration (whether 
on a retainer or contingency basis) are included in 
the definition, except that union hiring halls that 
refer union members or nonunion individuals who 
pay union membership dues are included in this defi-
nition whether or not they receive remuneration, as 
are labor service entities or labor service agencies, 
whether public, private, for-profit, or nonprofit that 
recruit, dispatch, or otherwise facilitate the hiring of 
laborers for any period of time by a third party.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date that is 1 year
191 
after the date of the enactment of this Act, except that 
the amendments made by subsection (a) shall take effect 
6 months after the date of the enactment of this Act inso-
far as such amendments relate to continuation of employ-
ment. 
SEC. 804. GOOD FAITH DEFENSE. 
Section 274A(a)(3) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(a)(3)) is amended to read as 
follows: 
‘‘(3) GOOD FAITH DEFENSE.— 
‘‘(A) DEFENSE.—An employer (or person 
or entity that hires, employs, recruits, or refers 
(as defined in subsection (h)(5)), or is otherwise 
obligated to comply with this section) who es-
tablishes that it has complied in good faith with 
the requirements of subsection (b)— 
‘‘(i) shall not be liable to a job appli-
cant, an employee, the Federal Govern-
ment, or a State or local government, 
under Federal, State, or local criminal or 
civil law for any employment-related action 
taken with respect to a job applicant or 
employee in good-faith reliance on informa-
tion provided through the system estab-
lished under subsection (d); and
192 
‘‘(ii) has established compliance with 
its obligations under subparagraphs (A) 
and (B) of paragraph (1) and subsection 
(b) absent a showing by the Secretary of 
Homeland Security, by clear and con-
vincing evidence, that the employer had 
knowledge that an employee is an unau-
thorized alien. 
‘‘(B) MITIGATION
ELEMENT.—For pur-
poses of subparagraph (A)(i), if an employer 
proves by a preponderance of the evidence that 
the employer uses a reasonable, secure, and es-
tablished technology to authenticate the identity 
of the new employee, that fact shall be taken 
into account for purposes of determining good 
faith use of the system established under sub-
section (d). 
‘‘(C) FAILURE
TO
SEEK
AND
OBTAIN 
VERIFICATION.—Subject to the effective dates 
and other deadlines applicable under subsection 
(b), in the case of a person or entity in the 
United States that hires, or continues to em-
ploy, an individual, or recruits or refers an indi-
vidual for employment, the following require-
ments apply:
193 
‘‘(i) 
FAILURE
TO
SEEK 
VERIFICATION.— 
‘‘(I) IN GENERAL.—If the person 
or entity has not made an inquiry, 
under 
the 
mechanism 
established 
under subsection (d) and in accord-
ance with the timeframes established 
under 
subsection 
(b), 
seeking 
verification of the identity and work 
eligibility of the individual, the de-
fense under subparagraph (A) shall 
not be considered to apply with re-
spect to any employment, except as 
provided in subclause (II). 
‘‘(II) SPECIAL RULE FOR FAIL-
URE OF VERIFICATION MECHANISM.— 
If such a person or entity in good 
faith attempts to make an inquiry in 
order to qualify for the defense under 
subparagraph (A) and the verification 
mechanism has registered that not all 
inquiries were responded to during the 
relevant time, the person or entity can 
make an inquiry until the end of the 
first subsequent working day in which
194 
the verification mechanism registers 
no nonresponses and qualify for such 
defense. 
‘‘(ii) 
FAILURE
TO
OBTAIN 
VERIFICATION.—If the person or entity 
has made the inquiry described in clause 
(i)(I) but has not received an appropriate 
verification of such identity and work eligi-
bility under such mechanism within the 
time period specified under subsection 
(d)(2) after the time the verification in-
quiry was received, the defense under sub-
paragraph (A) shall not be considered to 
apply with respect to any employment after 
the end of such time period.’’. 
SEC. 805. PREEMPTION AND STATES’ RIGHTS. 
Section 274A(h)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(h)(2)) is amended to read as 
follows: 
‘‘(2) PREEMPTION.— 
‘‘(A) SINGLE, 
NATIONAL
POLICY.—The 
provisions of this section preempt any State or 
local law, ordinance, policy, or rule, including 
any criminal or civil fine or penalty structure, 
insofar as they may now or hereafter relate to
195 
the hiring, continued employment, or status 
verification for employment eligibility purposes, 
of unauthorized aliens. 
‘‘(B) STATE ENFORCEMENT OF FEDERAL 
LAW.— 
‘‘(i) BUSINESS LICENSING.—A State, 
locality, municipality, or political subdivi-
sion may exercise its authority over busi-
ness licensing and similar laws as a pen-
alty for failure to use the verification sys-
tem described in subsection (d) to verify 
employment eligibility when and as re-
quired under subsection (b). 
‘‘(ii) GENERAL RULES.—A State, at 
its own cost, may enforce the provisions of 
this section, but only insofar as such State 
follows the Federal regulations imple-
menting this section, applies the Federal 
penalty structure set out in this section, 
and complies with all Federal rules and 
guidance concerning implementation of this 
section. Such State may collect any fines 
assessed under this section. An employer 
may not be subject to enforcement, includ-
ing audit and investigation, by both a Fed-
196 
eral agency and a State for the same viola-
tion under this section. Whichever entity, 
the Federal agency or the State, is first to 
initiate the enforcement action, has the 
right of first refusal to proceed with the 
enforcement action. The Secretary must 
provide copies of all guidance, training, 
and field instructions provided to Federal 
officials implementing the provisions of 
this section to each State.’’. 
SEC. 806. REPEAL. 
(a) IN GENERAL.—Subtitle A of title IV of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) is repealed. 
(b) REFERENCES.—Any reference in any Federal 
law, Executive order, rule, regulation, or delegation of au-
thority, or any document of, or pertaining to, the Depart-
ment of Homeland Security, Department of Justice, or the 
Social Security Administration, to the employment eligi-
bility confirmation system established under section 404 
of the Illegal Immigration Reform and Immigrant Respon-
sibility Act of 1996 (8 U.S.C. 1324a note) is deemed to 
refer to the employment eligibility confirmation system es-
tablished under section 274A(d) of the Immigration and 
Nationality Act, as amended by section 802 of this title.
197 
(c) EFFECTIVE DATE.—This section shall take effect 
on the date that is 30 months after the date of the enact-
ment of this Act. 
(d) CLERICAL AMENDMENT.—The table of sections, 
in section 1(d) of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996, is amended by strik-
ing the items relating to subtitle A of title IV. 
SEC. 807. PENALTIES. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended— 
(1) in subsection (e)(1)— 
(A) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; and 
(B) in subparagraph (D), by striking 
‘‘Service’’ and inserting ‘‘Department of Home-
land Security’’; 
(2) in subsection (e)(4)— 
(A) in subparagraph (A), in the matter be-
fore clause (i), by inserting ‘‘, subject to para-
graph (10),’’ after ‘‘in an amount’’; 
(B) in subparagraph (A)(i), by striking 
‘‘not less than $250 and not more than 
$2,000’’ and inserting ‘‘not less than $2,500 
and not more than $5,000’’;
198 
(C) in subparagraph (A)(ii), by striking 
‘‘not less than $2,000 and not more than 
$5,000’’ and inserting ‘‘not less than $5,000 
and not more than $10,000’’; 
(D) in subparagraph (A)(iii), by striking 
‘‘not less than $3,000 and not more than 
$10,000’’ and inserting ‘‘not less than $10,000 
and not more than $25,000’’; and 
(E) by moving the margin of the continu-
ation text following subparagraph (B) two ems 
to the left and by amending subparagraph (B) 
to read as follows: 
‘‘(B) may require the person or entity to 
take such other remedial action as is appro-
priate.’’; 
(3) in subsection (e)(5)— 
(A) in the paragraph heading, strike ‘‘PA-
PERWORK’’; 
(B) by inserting ‘‘, subject to paragraphs 
(10) through (12),’’ after ‘‘in an amount’’; 
(C) by striking ‘‘$100’’ and inserting 
‘‘$1,000’’; 
(D) by striking ‘‘$1,000’’ and inserting 
‘‘$25,000’’; and
199 
(E) by adding at the end the following: 
‘‘Failure by a person or entity to utilize the em-
ployment eligibility verification system as re-
quired by law, or providing information to the 
system that the person or entity knows or rea-
sonably believes to be false, shall be treated as 
a violation of subsection (a)(1)(A).’’; 
(4) by adding at the end of subsection (e) the 
following: 
‘‘(10) EXEMPTION FROM PENALTY FOR GOOD 
FAITH VIOLATION.—In the case of imposition of a 
civil penalty under paragraph (4)(A) with respect to 
a violation of subsection (a)(1)(A) or (a)(2) for hir-
ing or continuation of employment or recruitment or 
referral by person or entity and in the case of impo-
sition of a civil penalty under paragraph (5) for a 
violation of subsection (a)(1)(B) for hiring or re-
cruitment or referral by a person or entity, the pen-
alty otherwise imposed may be waived or reduced if 
the violator establishes that the violator acted in 
good faith. 
‘‘(11) MITIGATION ELEMENT.—For purposes of 
paragraph (4), the size of the business shall be 
taken into account when assessing the level of civil 
money penalty.
200 
‘‘(12) AUTHORITY TO DEBAR EMPLOYERS FOR 
CERTAIN VIOLATIONS.— 
‘‘(A) IN GENERAL.—If a person or entity 
is determined by the Secretary of Homeland Se-
curity to be a repeat violator of paragraph 
(1)(A) or (2) of subsection (a), or is convicted 
of a crime under this section, such person or 
entity may be considered for debarment from 
the receipt of Federal contracts, grants, or co-
operative agreements in accordance with the de-
barment standards and pursuant to the debar-
ment procedures set forth in the Federal Acqui-
sition Regulation. 
‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 
AGREEMENT.—If the Secretary of Homeland 
Security or the Attorney General wishes to have 
a person or entity considered for debarment in 
accordance with this paragraph, and such a 
person or entity does not hold a Federal con-
tract, grant, or cooperative agreement, the Sec-
retary or Attorney General shall refer the mat-
ter to the Administrator of General Services to 
determine whether to list the person or entity 
on the List of Parties Excluded from Federal
201 
Procurement, and if so, for what duration and 
under what scope. 
‘‘(C) HAS
CONTRACT, 
GRANT, 
AGREE-
MENT.—If the Secretary of Homeland Security 
or the Attorney General wishes to have a per-
son or entity considered for debarment in ac-
cordance with this paragraph, and such person 
or entity holds a Federal contract, grant, or co-
operative agreement, the Secretary or Attorney 
General shall advise all agencies or departments 
holding a contract, grant, or cooperative agree-
ment with the person or entity of the Govern-
ment’s interest in having the person or entity 
considered for debarment, and after soliciting 
and considering the views of all such agencies 
and departments, the Secretary or Attorney 
General may refer the matter to any appro-
priate lead agency to determine whether to list 
the person or entity on the List of Parties Ex-
cluded from Federal Procurement, and if so, for 
what duration and under what scope. 
‘‘(D) REVIEW.—Any decision to debar a 
person or entity in accordance with this para-
graph shall be reviewable pursuant to part 9.4 
of the Federal Acquisition Regulation.
202 
‘‘(13) OFFICE FOR STATE AND LOCAL GOVERN-
MENT
COMPLAINTS.—The Secretary of Homeland 
Security shall establish an office— 
‘‘(A) to which State and local government 
agencies may submit information indicating po-
tential violations of subsection (a), (b), or 
(g)(1) that were generated in the normal course 
of law enforcement or the normal course of 
other official activities in the State or locality; 
‘‘(B) that is required to indicate to the 
complaining State or local agency within five 
business days of the filing of such a complaint 
by identifying whether the Secretary will fur-
ther investigate the information provided; 
‘‘(C) that is required to investigate those 
complaints filed by State or local government 
agencies that, on their face, have a substantial 
probability of validity; 
‘‘(D) that is required to notify the com-
plaining State or local agency of the results of 
any such investigation conducted; and 
‘‘(E) that is required to report to the Con-
gress annually the number of complaints re-
ceived under this paragraph, the States and lo-
calities that filed such complaints, and the reso-
203 
lution of the complaints investigated by the Sec-
retary.’’; and 
(5) by amending paragraph (1) of subsection (f) 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions of subsection (a) (1) or (2) shall be fined not 
more than $5,000 for each unauthorized alien with 
respect to which such a violation occurs, imprisoned 
for not more than 18 months, or both, notwith-
standing the provisions of any other Federal law re-
lating to fine levels.’’. 
SEC. 808. FRAUD AND MISUSE OF DOCUMENTS. 
Section 1546(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘identification 
document,’’ and inserting ‘‘identification document 
or document meant to establish work authorization 
(including the documents described in section 
274A(b) of the Immigration and Nationality Act),’’; 
and 
(2) in paragraph (2), by striking ‘‘identification 
document’’ and inserting ‘‘identification document or 
document meant to establish work authorization (in-
204 
cluding the documents described in section 274A(b) 
of the Immigration and Nationality Act),’’. 
SEC. 809. PROTECTION OF SOCIAL SECURITY ADMINISTRA-
TION PROGRAMS. 
(a) FUNDING UNDER AGREEMENT.—Effective for 
fiscal years beginning on or after October 1, 2023, the 
Commissioner of Social Security and the Secretary of 
Homeland Security shall enter into and maintain an 
agreement which shall— 
(1) provide funds to the Commissioner for the 
full costs of the responsibilities of the Commissioner 
under section 274A(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(d)), as amended by 
section 802 of this title, including— 
(A) acquiring, installing, and maintaining 
technological equipment and systems necessary 
for the fulfillment of the responsibilities of the 
Commissioner under such section 274A(d), but 
only that portion of such costs that are attrib-
utable exclusively to such responsibilities; and 
(B) responding to individuals who contest 
a tentative nonconfirmation provided by the em-
ployment eligibility verification system estab-
lished under such section;
205 
(2) provide such funds annually in advance of 
the applicable quarter based on estimating method-
ology agreed to by the Commissioner and the Sec-
retary (except in such instances where the delayed 
enactment of an annual appropriation may preclude 
such quarterly payments); and 
(3) require an annual accounting and reconcili-
ation of the actual costs incurred and the funds pro-
vided under the agreement, which shall be reviewed 
by the Inspectors General of the Social Security Ad-
ministration and the Department of Homeland Secu-
rity. 
(b) CONTINUATION OF EMPLOYMENT VERIFICATION 
IN ABSENCE OF TIMELY AGREEMENT.—In any case in 
which the agreement required under subsection (a) for any 
fiscal year beginning on or after October 1, 2023, has not 
been reached as of October 1 of such fiscal year, the latest 
agreement between the Commissioner and the Secretary 
of Homeland Security providing for funding to cover the 
costs of the responsibilities of the Commissioner under 
section 274A(d) of the Immigration and Nationality Act 
(8 U.S.C. 1324a(d)) shall be deemed in effect on an in-
terim basis for such fiscal year until such time as an 
agreement required under subsection (a) is subsequently 
reached, except that the terms of such interim agreement
207 
bers that have been identified to be subject to unusual 
multiple use in the employment eligibility verification sys-
tem established under section 274A(d) of the Immigration 
and Nationality Act (8 U.S.C. 1324a(d)), as amended by 
section 802 of this title, or that are otherwise suspected 
or determined to have been compromised by identity fraud 
or other misuse, shall be blocked from use for such system 
purposes unless the individual using such number is able 
to establish, through secure and fair additional security 
procedures, that the individual is the legitimate holder of 
the number. 
(b) ALLOWING SUSPENSION OF USE OF CERTAIN SO-
CIAL SECURITY ACCOUNT NUMBERS.—The Secretary of 
Homeland Security, in consultation with the Commis-
sioner of Social Security, shall establish a program which 
shall provide a reliable, secure method by which victims 
of identity fraud and other individuals may suspend or 
limit the use of their social security account number or 
other identifying information for purposes of the employ-
ment eligibility verification system established under sec-
tion 274A(d) of the Immigration and Nationality Act (8 
U.S.C. 1324a(d)), as amended by section 802 of this title. 
The Secretary may implement the program on a limited 
pilot program basis before making it fully available to all 
individuals.
208 
(c) ALLOWING PARENTS TO PREVENT THEFT OF 
THEIR CHILD’S IDENTITY.—The Secretary of Homeland 
Security, in consultation with the Commissioner of Social 
Security, shall establish a program which shall provide a 
reliable, secure method by which parents or legal guard-
ians may suspend or limit the use of the social security 
account number or other identifying information of a 
minor under their care for the purposes of the employment 
eligibility verification system established under 274A(d) of 
the Immigration and Nationality Act (8 U.S.C. 1324a(d)), 
as amended by section 802 of this title. The Secretary may 
implement the program on a limited pilot program basis 
before making it fully available to all individuals. 
SEC. 
811. 
USE 
OF 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION PHOTO TOOL. 
An employer who uses the photo matching tool used 
as part of the E-Verify System shall match the photo tool 
photograph to both the photograph on the identity or em-
ployment eligibility document provided by the employee 
and to the face of the employee submitting the document 
for employment verification purposes. 
SEC. 812. IDENTITY AUTHENTICATION EMPLOYMENT ELIGI-
BILITY VERIFICATION PILOT PROGRAMS. 
Not later than 24 months after the date of the enact-
ment of this Act, the Secretary of Homeland Security,
209 
after consultation with the Commissioner of Social Secu-
rity and the Director of the National Institute of Stand-
ards and Technology, shall establish by regulation not less 
than 2 Identity Authentication Employment Eligibility 
Verification pilot programs, each using a separate and dis-
tinct technology (the ‘‘Authentication Pilots’’). The pur-
pose of the Authentication Pilots shall be to provide for 
identity 
authentication 
and 
employment 
eligibility 
verification with respect to enrolled new employees which 
shall be available to any employer that elects to participate 
in either of the Authentication Pilots. Any participating 
employer may cancel the employer’s participation in the 
Authentication Pilot after one year after electing to par-
ticipate without prejudice to future participation. The Sec-
retary shall report to the Committee on the Judiciary of 
the House of Representatives and the Committee on the 
Judiciary of the Senate the Secretary’s findings on the 
Authentication Pilots, including the authentication tech-
nologies chosen, not later than 12 months after com-
mencement of the Authentication Pilots. 
SEC. 813. INSPECTOR GENERAL AUDITS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of the enactment of this Act, the Inspector General 
of the Social Security Administration shall complete audits 
of the following categories in order to uncover evidence
210 
of individuals who are not authorized to work in the 
United States: 
(1) Workers who dispute wages reported on 
their social security account number when they be-
lieve someone else has used such number and name 
to report wages. 
(2) Children’s social security account numbers 
used for work purposes. 
(3) Employers whose workers present signifi-
cant numbers of mismatched social security account 
numbers or names for wage reporting. 
(b) SUBMISSION.—The Inspector General of the So-
cial Security Administration shall submit the audits com-
pleted under subsection (a) to the Committee on Ways and 
Means of the House of Representatives and the Committee 
on Finance of the Senate for review of the evidence of 
individuals who are not authorized to work in the United 
States. The Chairmen of those Committees shall then de-
termine information to be shared with the Secretary of 
Homeland Security so that such Secretary can investigate 
the unauthorized employment demonstrated by such evi-
dence. 
SEC. 814. AGRICULTURE WORKFORCE STUDY. 
Not later than 36 months after the date of the enact-
ment of this Act, the Secretary of the Department of
211 
Homeland Security, in consultation with the Secretary of 
the Department of Agriculture, shall submit to the Com-
mittee on the Judiciary of the House of Representatives 
and the Committee on the Judiciary of the Senate, a re-
port that includes the following: 
(1) The number of individuals in the agricul-
tural workforce. 
(2) The number of United States citizens in the 
agricultural workforce. 
(3) The number of aliens in the agricultural 
workforce who are authorized to work in the United 
States. 
(4) The number of aliens in the agricultural 
workforce who are not authorized to work in the 
United States. 
(5) Wage growth in each of the previous ten 
years, disaggregated by agricultural sector. 
(6) The percentage of total agricultural indus-
try costs represented by agricultural labor during 
each of the last ten years. 
(7) The percentage of agricultural costs in-
vested in mechanization during each of the last ten 
years. 
(8) Recommendations, other than a path to 
legal status for aliens not authorized to work in the