167 
‘‘(i) IN
GENERAL.—For purposes of 
this paragraph: 
‘‘(I) In the case of recruitment or 
referral, the term ‘verification period’ 
means the period ending on the date 
recruiting or referring commences. 
‘‘(II) In the case of hiring, the 
term ‘verification period’ means the 
period beginning on the date on which 
an offer of employment is extended 
and ending on the date that is three 
business days after the date of hire, 
except as provided in clause (iii). The 
offer of employment may be condi-
tioned in accordance with clause (ii). 
‘‘(ii) JOB
OFFER
MAY
BE
CONDI-
TIONAL.—A person or other entity may 
offer a prospective employee an employ-
ment position that is conditioned on final 
verification of the identity and employment 
eligibility of the employee using the proce-
dures established under this paragraph. 
‘‘(iii) 
SPECIAL
RULE.—Notwith-
standing clause (i)(II), in the case of an 
alien who is authorized for employment
168 
and who provides evidence from the Social 
Security Administration that the alien has 
applied for a social security account num-
ber, the verification period ends three busi-
ness days after the alien receives the social 
security account number. 
‘‘(2) REVERIFICATION FOR INDIVIDUALS WITH 
LIMITED WORK AUTHORIZATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a person or entity shall 
make an inquiry, as provided in subsection (d), 
using 
the 
verification 
system 
to 
seek 
reverification of the identity and employment 
eligibility of all individuals with a limited period 
of work authorization employed by the person 
or entity during the three business days after 
the date on which the employee’s work author-
ization expires as follows: 
‘‘(i) With respect to employers having 
10,000 or more employees in the United 
States on the date of the enactment of title 
VIII of division B of the Secure the Border 
Act of 2023, beginning on the date that is 
6 months after the date of the enactment 
of such title.
169 
‘‘(ii) With respect to employers having 
500 or more employees in the United 
States, but less than 10,000 employees in 
the United States, on the date of the en-
actment of title VIII of division B of the 
Secure the Border Act of 2023, beginning 
on the date that is 12 months after the 
date of the enactment of such title. 
‘‘(iii) With respect to employers hav-
ing 20 or more employees in the United 
States, but less than 500 employees in the 
United States, on the date of the enact-
ment of title VIII of division B of the Se-
cure the Border Act of 2023, beginning on 
the date that is 18 months after the date 
of the enactment of such title. 
‘‘(iv) With respect to employers hav-
ing one or more employees in the United 
States, but less than 20 employees in the 
United States, on the date of the enact-
ment of title VIII of division B of the Se-
cure the Border Act of 2023, beginning on 
the date that is 24 months after the date 
of the enactment of such title.
170 
‘‘(B) AGRICULTURAL
LABOR
OR
SERV-
ICES.—With respect to an employee performing 
agricultural labor or services, or an employee 
recruited or referred by a farm labor contractor 
(as defined in section 3 of the Migrant and Sea-
sonal Agricultural Worker Protection Act (29 
U.S.C. 1801)), subparagraph (A) shall not 
apply with respect to the reverification of the 
employee until the date that is 36 months after 
the date of the enactment of title VIII of divi-
sion B of the Secure the Border Act of 2023. 
For purposes of the preceding sentence, the 
term ‘agricultural labor or services’ has the 
meaning given such term by the Secretary of 
Agriculture in regulations and includes agricul-
tural labor as defined in section 3121(g) of the 
Internal Revenue Code of 1986, agriculture as 
defined in section 3(f) of the Fair Labor Stand-
ards Act of 1938 (29 U.S.C. 203(f)), the han-
dling, planting, drying, packing, packaging, 
processing, freezing, or grading prior to delivery 
for storage of any agricultural or horticultural 
commodity in its unmanufactured state, all ac-
tivities required for the preparation, processing, 
or manufacturing of a product of agriculture
171 
(as such term is defined in such section 3(f)) 
for further distribution, and activities similar to 
all the foregoing as they relate to fish or shell-
fish facilities. An employee described in this 
subparagraph shall not be counted for purposes 
of subparagraph (A). 
‘‘(C) 
REVERIFICATION.—Paragraph 
(1)(C)(ii) shall apply to reverifications pursuant 
to this paragraph on the same basis as it ap-
plies to verifications pursuant to paragraph (1), 
except that employers shall— 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper or electronic 
version of the form and make it available 
for inspection by officers of the Depart-
ment of Homeland Security, the Depart-
ment of Justice, or the Department of 
Labor during the period beginning on the 
date the reverification commences and end-
ing on the date that is the later of 3 years 
after the date of such reverification or 1 
year after the date the individual’s employ-
ment is terminated.
172 
‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.— 
‘‘(A) ON A MANDATORY BASIS FOR CER-
TAIN EMPLOYEES.— 
‘‘(i) IN GENERAL.—Not later than the 
date that is 6 months after the date of the 
enactment of title VIII of division B of the 
Secure the Border Act of 2023, an em-
ployer shall make an inquiry, as provided 
in subsection (d), using the verification 
system to seek verification of the identity 
and employment eligibility of any indi-
vidual described in clause (ii) employed by 
the employer whose employment eligibility 
has not been verified under the E-Verify 
Program described in section 403(a) of the 
Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (8 U.S.C. 
1324a note). 
‘‘(ii) INDIVIDUALS
DESCRIBED.—An 
individual described in this clause is any of 
the following: 
‘‘(I) An employee of any unit of 
a Federal, State, or local government. 
‘‘(II) An employee who requires a 
Federal security clearance working in
173 
a Federal, State, or local government 
building, a military base, a nuclear 
energy site, a weapons site, or an air-
port or other facility that requires 
workers to carry a Transportation 
Worker 
Identification 
Credential 
(TWIC). 
‘‘(III) An employee assigned to 
perform work in the United States 
under a Federal contract, except that 
this subclause— 
‘‘(aa) is not applicable to in-
dividuals who have a clearance 
under Homeland Security Presi-
dential Directive 12 (HSPD 12 
clearance), are administrative or 
overhead personnel, or are work-
ing solely on contracts that pro-
vide Commercial Off The Shelf 
goods or services as set forth by 
the Federal Acquisition Regu-
latory Council, unless they are 
subject to verification under sub-
clause (II); and
174 
‘‘(bb) only applies to con-
tracts over the simple acquisition 
threshold as defined in section 
2.101 of title 48, Code of Federal 
Regulations. 
‘‘(B) ON A MANDATORY BASIS FOR MUL-
TIPLE USERS OF SAME SOCIAL SECURITY AC-
COUNT NUMBER.—In the case of an employer 
who is required by this subsection to use the 
verification system described in subsection (d), 
or has elected voluntarily to use such system, 
the employer shall make inquiries to the system 
in accordance with the following: 
‘‘(i) The Commissioner of Social Secu-
rity shall notify annually employees (at the 
employee address listed on the Wage and 
Tax Statement) who submit a social secu-
rity account number to which more than 
one employer reports income and for which 
there is a pattern of unusual multiple use. 
The notification letter shall identify the 
number of employers to which income is 
being reported as well as sufficient infor-
mation notifying the employee of the proc-
ess to contact the Social Security Adminis-
175 
tration Fraud Hotline if the employee be-
lieves the employee’s identity may have 
been stolen. The notice shall not share in-
formation protected as private, in order to 
avoid any recipient of the notice from 
being in the position to further commit or 
begin committing identity theft. 
‘‘(ii) If the person to whom the social 
security account number was issued by the 
Social Security Administration has been 
identified and confirmed by the Commis-
sioner, and indicates that the social secu-
rity account number was used without 
their knowledge, the Secretary and the 
Commissioner shall lock the social security 
account number for employment eligibility 
verification purposes and shall notify the 
employers of the individuals who wrong-
fully submitted the social security account 
number that the employee may not be 
work eligible. 
‘‘(iii) Each employer receiving such 
notification of an incorrect social security 
account number under clause (ii) shall use 
the verification system described in sub-
176 
section (d) to check the work eligibility sta-
tus of the applicable employee within 10 
business days of receipt of the notification. 
‘‘(C) ON A VOLUNTARY BASIS.—Subject to 
paragraph (2), and subparagraphs (A) through 
(C) of this paragraph, beginning on the date 
that is 30 days after the date of the enactment 
of title VIII of division B of the Secure the 
Border Act of 2023, an employer may make an 
inquiry, as provided in subsection (d), using the 
verification system to seek verification of the 
identity and employment eligibility of any indi-
vidual employed by the employer. If an em-
ployer chooses voluntarily to seek verification of 
any individual employed by the employer, the 
employer shall seek verification of all individ-
uals employed at the same geographic location 
or, at the option of the employer, all individuals 
employed within the same job category, as the 
employee with respect to whom the employer 
seeks voluntarily to use the verification system. 
An employer’s decision about whether or not 
voluntarily to seek verification of its current 
workforce under this subparagraph may not be 
considered by any government agency in any
177 
proceeding, investigation, or review provided for 
in this Act. 
‘‘(D) 
VERIFICATION.—Paragraph 
(1)(C)(ii) shall apply to verifications pursuant 
to this paragraph on the same basis as it ap-
plies to verifications pursuant to paragraph (1), 
except that employers shall— 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper or electronic 
version of the form and make it available 
for inspection by officers of the Depart-
ment of Homeland Security, the Depart-
ment of Justice, or the Department of 
Labor during the period beginning on the 
date the verification commences and end-
ing on the date that is the later of 3 years 
after the date of such verification or 1 year 
after the date the individual’s employment 
is terminated. 
‘‘(4) EARLY COMPLIANCE.— 
‘‘(A) FORMER E-VERIFY REQUIRED USERS, 
INCLUDING FEDERAL CONTRACTORS.—Notwith-
standing the deadlines in paragraphs (1) and
178 
(2), beginning on the date of the enactment of 
title VIII of division B of the Secure the Border 
Act of 2023, the Secretary is authorized to 
commence requiring employers required to par-
ticipate in the E-Verify Program described in 
section 403(a) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note), including employers re-
quired to participate in such program by reason 
of Federal acquisition laws (and regulations 
promulgated under those laws, including the 
Federal Acquisition Regulation), to commence 
compliance with the requirements of this sub-
section (and any additional requirements of 
such Federal acquisition laws and regulation) in 
lieu of any requirement to participate in the E- 
Verify Program. 
‘‘(B) 
FORMER
E-VERIFY
VOLUNTARY 
USERS AND OTHERS DESIRING EARLY COMPLI-
ANCE.—Notwithstanding the deadlines in para-
graphs (1) and (2), beginning on the date of 
the enactment of title VIII of division B of the 
Secure the Border Act of 2023, the Secretary 
shall provide for the voluntary compliance with 
the requirements of this subsection by employ-
206 
shall be modified by the Director of the Office of Manage-
ment and Budget to adjust for inflation and any increase 
or decrease in the volume of requests under the employ-
ment eligibility verification system. In any case in which 
an interim agreement applies for any fiscal year under this 
subsection, the Commissioner and the Secretary shall, not 
later than October 1 of such fiscal year, notify the Com-
mittee on Ways and Means, the Committee on the Judici-
ary, and the Committee on Appropriations of the House 
of Representatives and the Committee on Finance, the 
Committee on the Judiciary, and the Committee on Ap-
propriations of the Senate of the failure to reach the 
agreement required under subsection (a) for such fiscal 
year. Until such time as the agreement required under 
subsection (a) has been reached for such fiscal year, the 
Commissioner and the Secretary shall, not later than the 
end of each 90-day period after October 1 of such fiscal 
year, notify such Committees of the status of negotiations 
between the Commissioner and the Secretary in order to 
reach such an agreement. 
SEC. 810. FRAUD PREVENTION. 
(a) BLOCKING MISUSED SOCIAL SECURITY ACCOUNT 
NUMBERS.—The Secretary of Homeland Security, in con-
sultation with the Commissioner of Social Security, shall 
establish a program in which social security account num-