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(B) examine the suitability of using existing United States Govern-
ment and State identification systems to verify employment eligibility
in the United States.
(2) To the extent the President finds the system is not a secure system
to verify employment eligibility in the United States, the President shall
make changes in and additions to the system necessary to establish a secure
system to verify employment eligibility in the United States—
(A) subject to subsections (c)–(f) of this section; and
(B) after considering the results of any demonstration project con-
ducted under subsection (g) of this section.
(c) CHANGE REQUIREMENTS.—A change proposed by the President
under subsection (b) of this section must be designed so that the system,
as changed, will meet the following requirements:
(1) The system must be able to verify reliably whether—
(A) an individual with the identity claimed by an employee or
prospective employee is eligible to work; and
(B) the employee or prospective employee is claiming the iden-
tity of another individual.
(2) If the system requires that a document be presented to or exam-
ined by an employer, the document must be in a form resistant to
counterfeiting and tampering.
(3) Personal information used by the system may be made available
only to the extent necessary to verify that an individual is not an unau-
thorized alien.
(4) The system must protect the privacy and security of personal in-
formation and identifiers used in the system.
(5) A verification that an individual is eligible to be employed in the
United States may be withheld or revoked only if the individual is an
unauthorized alien.
(6) The system may not be used for law enforcement, except to en-
force this title and sections 1001, 1028, 1546, and 1621 of title 18.
(7) If the system requires an individual to present a new card or
other document (designed specifically to verify employment eligibility)
at the time of hiring, recruitment, or referral, the document may not
be required to be presented for another purpose (except under this title
or for enforcement of sections 1001, 1028, 1546, and 1621 of title 18)
or to be carried on the individual.
(d) NOTICES TO CONGRESS BEFORE MAKING CHANGES.—(1) Before car-
rying out a change, the President must submit a written report of the pro-
posed change to the Committees on the Judiciary of the Senate and the
House of Representatives. If the President proposes a change affecting so-
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cial security account number cards, the President also shall submit the re-
port to the Committee on Finance of the Senate and the Committee on
Ways and Means of the House of Representatives. A report under this para-
graph shall include recommendations for civil and criminal penalties for un-
authorized use or disclosure of the information or identifiers used in the sys-
tem. The report shall be submitted at least—
(A) 60 days before the date the change is to be carried out if the
change is not a major change;
(B) one year before the date the change is to be carried out if the
change is a major change as defined in subsection (a)(3) of this sec-
tion; or
(C) 2 years before the date the change is to be carried out if the
change is a major change as defined in subsection (a)(1) or (2) of this
section.
(2) The President shall publish promptly in the Federal Register the sub-
stance of a major change reported to Congress under this subsection.
(e) CONGRESSIONAL REVIEW OF MAJOR CHANGES.—(1) The Committees
on the Judiciary of the Senate and the House of Representatives shall—
(A) publish in the Congressional Record the substance of a major
change submitted by the President under subsection (d) of this section;
(B) hold hearings on the feasibility and desirability of the change;
and
(C) within the 2-year period before the change is to be carried out,
report to their respective Houses findings on whether the change
should be made.
(2) A major change may be carried out only if an amount is appropriated
by law specifically to carry out the change.
(f) PAYMENT OF COSTS.—Costs incurred under this section in developing
and carrying out a change described in subsection (a)(3) of this section may
not be paid out of a trust fund established under the Social Security Act
(42 U.S.C. 301 et seq.).
(g) DEMONSTRATION PROJECTS.—The President may undertake dem-
onstration projects consistent with subsection (c) of this section of different
changes in the system. A project may not be for more than 5 years. The
President shall report to Congress on the results of each project conducted
under this subsection.
§ 11105. Compliance
(a) COMPLAINTS AND INVESTIGATIONS.—The Attorney General shall es-
tablish procedures for—
(1) a person to file a written, signed complaint of a violation of sec-
tion 11102(a) or 11107(a) of this title;
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(2) investigating a complaint that, on its face, has a substantial
probability of validity;
(3) investigating other violations of section 11102(a) or 11107(a) of
this title that the Attorney General considers appropriate; and
(4) designating a unit in the Immigration and Naturalization Service
that has, as its primary duty, the prosecution under this section of vio-
lations of section 11102(a) or 11107(a) of this title.
(b) AUTHORITY IN CONDUCTING INVESTIGATIONS AND HEARINGS.—(1)
In conducting an investigation or hearing under this section—
(A) the immigration officer or administrative law judge conducting
the investigation or hearing shall have reasonable access to examine
evidence of a person being investigated; and
(B) the administrative law judge may subpena, if necessary, the at-
tendance of witnesses and the production of evidence at any designated
place.
(2) If a person disobeys a subpena issued under this subsection, an ap-
propriate district court of the United States, on application by the Attorney
General, may issue an order to comply with the subpena. The court may
punish a failure to comply with the order of the court as a contempt of
court.
(c) HEARINGS.—(1) The Attorney General may issue an order referred
to in subsections (d)–(f) of this section against a person for violating section
11102(a) or 11107(a) of this title only after providing notice and an oppor-
tunity for a hearing. A hearing must be requested within a reasonable time
(established by the Attorney General, but at least 30 days) after the date
of the notice.
(2) If a timely request for a hearing is not made, the Attorney General
may issue an order referred to in subsections (d)–(f) of this section without
a hearing.
(3) If a timely request for a hearing is made, the hearing shall be con-
ducted by an administrative law judge as provided in section 554 of title
5 at the nearest practicable place to the place where the person resides or
the alleged violation occurred. If the judge finds by a preponderance of the
evidence that the person has violated section 11102(a) or 11107(a) of this
title, the judge shall—
(A) state findings of fact; and
(B) issue and have served on the person an order referred to in sub-
sections (d)–(f) of this section.
(d) ORDERS INVOLVING HIRING, RECRUITING, AND REFERRAL VIOLA-
TIONS.—(1) For a violation of section 11102(a)(1)(A) or (2) of this title,
an order issued under this section—
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(A) shall require the person to cease and desist from the violation
and to pay a civil penalty of—
(i) at least $250, but not more than $2,000, for each unauthor-
ized alien involved in the violation;
(ii) at least $2,000, but not more than $5,000, for each unau-
thorized alien involved in the violation if the person previously was
subject to one order under this subsection; or
(iii) at least $3,000, but not more than $10,000, for each unau-
thorized alien involved in the violation if the person previously was
subject to more than one order under this subsection; and
(B) may require the person—
(i) to comply for not more than 3 years with section 11103 of
this title or, if applicable, with section 11104 of this title, for indi-
viduals hired or recruited or referred for a fee; and
(ii) to take other appropriate remedial action.
(2) Under paragraph (1) of this subsection, if the person is an entity
composed of distinct, physically separate subdivisions each of which provides
separately for the hiring, recruiting, or referring for employment, without
reference to the practices of, and not under control of or common control
with, another subdivision, each subdivision is deemed a separate entity.
(e) ORDERS INVOLVING PAPERWORK VIOLATIONS.—For a violation of
section 11102(a)(1)(B) or (C) of this title, an order issued under this sec-
tion shall require the person to pay a civil penalty of at least $100, but not
more than $1,000, for each individual about whom the violation occurred.
In deciding on the amount of the penalty, consideration shall be given to—
(1) the size of the business of the person;
(2) the good faith of the person;
(3) the seriousness of the violation;
(4) whether the individual was an unauthorized alien; and
(5) any history of prior violations.
(f) ORDERS INVOLVING INDEMNITY VIOLATIONS.—For a violation of sec-
tion 11107(a) of this title, an order issued under this section may provide
for the penalty described in section 11107(b) of this title.
(g) FINALITY OF DECISIONS AND ORDERS.—The decision and order of
an administrative law judge under this section become the final decision and
order of the Attorney General unless the Attorney General changes or va-
cates the decision and order within 30 days after the date of the decision
and order. The Attorney General may not delegate the Attorney General’s
authority under this subsection to a person having review authority over im-
migration-related matters.