fiscal year beginning on or after October 1, 2012, 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 
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 
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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. 10. FRAUD PREVENTION. 
(a) BLOCKING MISUSED SOCIAL SECURITY ACCOUNT 
NUMBERS.—The Secretary of Homeland Security and the 
Commissioner of Social Security shall establish a program 
in which social security account numbers that have been 
identified to be subject to unusual multiple use in the em-
ployment eligibility verification system established under 
section 274A(d) of the Immigration and Nationality Act 
(8 U.S.C. 1324a(d)), as amended by section 3 of this Act, 
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 indi-
vidual using such number is able to establish, through se-
cure and fair additional security procedures, that the indi-
vidual 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 
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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 3 of this Act. 
The Secretary may implement the program on a limited 
pilot program basis before making it fully available to all 
individuals. 
(c) BLOCKING USE OF CERTAIN SOCIAL SECURITY 
ACCOUNT NUMBERS.— 
(1) IN GENERAL.—The Secretary of Homeland 
Security shall establish a program in which the so-
cial security account numbers of an alien described 
in paragraph (2) shall be blocked from use for pur-
poses of the employment eligibility verification sys-
tem established under section 274A(d) of the Immi-
gration and Nationality Act (8 U.S.C. 1324a(d)), as 
amended by section 3 of this Act, unless the alien 
is subsequently admitted lawfully to the United 
States in, or the Secretary has subsequently changed 
the alien’s status lawfully to, a status that permits 
employment as a condition of the alien’s admission 
or subsequent change of status, or the Secretary has 
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subsequently granted work authorization lawfully to 
the alien. 
(2) ALIENS DESCRIBED.—An alien is described 
in this paragraph if the alien— 
(A) has a final order of removal from the 
United States; 
(B) voluntarily departs the United States; 
(C) is voluntarily returned; or 
(D) is a nonimmigrant described in section 
101(a)(15) of the Immigration and Nationality 
Act (8 U.S.C. 1101(a)(15)) whose work author-
ization has expired and who is not the subject 
of an application or petition that would author-
ize the alien’s employment. 
SEC. 
11. 
BIOMETRIC 
EMPLOYMENT 
ELIGIBILITY 
VERIFICATION PILOT PROGRAM. 
(a) IN GENERAL.—Not later than 18 months after 
the date of the enactment of the Legal Workforce Act, 
the Secretary of Homeland Security, after consultation 
with the Commissioner of Social Security and the Director 
of the National Institute of Standards and Technology, 
shall establish by regulation a Biometric Employment Eli-
gibility Verification pilot program (the ‘‘Biometric Pilot’’). 
The purpose of the Biometric Pilot shall be to provide for 
identity 
authentication 
and 
employment 
eligibility 
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verification with respect to enrolled new employees which 
shall be available to subject employers who elect to partici-
pate in the Biometric Pilot. Any subject employer may 
cancel the employer’s participation in the Biometric Pilot 
after one year after electing to participate without preju-
dice to future participation. 
(b) MINIMUM REQUIREMENTS.—In accordance with 
the regulations prescribed by the Secretary pursuant to 
subsection (a), the following shall apply: 
(1) IDENTITY AUTHENTICATION AND EMPLOY-
MENT ELIGIBILITY VERIFICATION BY ENROLLMENT 
PROVIDERS.—The Biometric Pilot shall utilize the 
services of private sector entities (‘‘enrollment pro-
viders’’), with appropriate expertise, which shall be 
subject to initial and periodic certification by the 
Secretary, to provide— 
(A) enrollment under the Biometric Pilot 
of new employees by means of identity authen-
tication in a manner that provides a high level 
of certainty as to their true identities, using im-
migration and identifying information main-
tained by the Social Security Administration 
and the Department of Homeland Security, re-
view of identity documents, and background 
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