riculture (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 shellfish facilities. An em-
ployee described in this clause shall not be 
counted for purposes of clause (i). 
‘‘(iv) EXTENSIONS.— 
‘‘(I) ON REQUEST.—Upon request 
by an employer having 50 or fewer em-
ployees, the Secretary shall allow a 
one-time 6-month extension of the effec-
tive date set out in this subparagraph 
applicable to such employer. Such re-
quest shall be made to the Secretary 
and shall be made prior to such effec-
tive date. 
‘‘(II) FOLLOWING REPORT.—If the 
study under section 715 of the Legal 
Workforce Act has been submitted in 
accordance with such section, the Sec-
retary of Homeland Security may ex-
tend the effective date set out in clause 
(iii) on a one-time basis for 12 months. 
‘‘(v) TRANSITION
RULE.—Subject to 
paragraph (4), the following shall apply to 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00093
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
a person or other entity hiring, recruiting, 
or referring an individual for employment 
in the United States until the effective date 
or dates applicable under clauses (i) 
through (iii): 
‘‘(I) This subsection, as in effect 
before the enactment of the Legal Work-
force Act. 
‘‘(II) Subtitle A of title IV of the 
Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 
U.S.C. 1324a note), as in effect before 
the effective date in section 707(c) of 
the Legal Workforce Act. 
‘‘(III) Any other provision of Fed-
eral law requiring the person or entity 
to participate in the E-Verify Program 
described in section 403(a) of the Ille-
gal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 
U.S.C. 1324a note), as in effect before 
the effective date in section 707(c) of 
the Legal Workforce Act, including Ex-
ecutive Order 13465 (8 U.S.C. 1324a 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00094
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
note; relating to Government procure-
ment). 
‘‘(E) VERIFICATION PERIOD DEFINED.— 
‘‘(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 busi-
ness days after the date of hire, except 
as provided in clause (iii). The offer of 
employment may be conditioned in ac-
cordance with clause (ii). 
‘‘(ii) JOB
OFFER
MAY
BE
CONDI-
TIONAL.—A person or other entity may 
offer a prospective employee an employment 
position that is conditioned on final 
verification of the identity and employment 
eligibility of the employee using the proce-
dures established under this paragraph. 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00095
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
‘‘(iii) SPECIAL
RULE.—Notwithstand-
ing clause (i)(II), in the case of an alien 
who is authorized for employment and who 
provides evidence from the Social Security 
Administration that the alien has applied 
for a social security account number, the 
verification period ends three business days 
after the alien receives the social security 
account number. 
‘‘(2) REVERIFICATION
FOR
INDIVIDUALS
WITH 
LIMITED WORK AUTHORIZATION.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), a person or entity shall make 
an inquiry, as provided in subsection (d), using 
the verification system to seek reverification of 
the identity and employment eligibility of all in-
dividuals with a limited period of work author-
ization employed by the person or entity during 
the three business days after the date on which 
the employee’s work authorization expires as fol-
lows: 
‘‘(i) With respect to employers having 
10,000 or more employees in the United 
States on the date of the enactment of the 
Legal Workforce Act, beginning on the date 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00096
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
that is 6 months after the date of the enact-
ment of such Act. 
‘‘(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 enactment 
of the Legal Workforce Act, beginning on the 
date that is 12 months after the date of the 
enactment of such Act. 
‘‘(iii) With respect to employers having 
20 or more employees in the United States, 
but less than 500 employees in the United 
States, on the date of the enactment of the 
Legal Workforce Act, beginning on the date 
that is 18 months after the date of the en-
actment of such Act. 
‘‘(iv) With respect to employers having 
one or more employees in the United States, 
but less than 20 employees in the United 
States, on the date of the enactment of the 
Legal Workforce Act, beginning on the date 
that is 24 months after the date of the en-
actment of such Act. 
‘‘(B) AGRICULTURAL
LABOR
OR
SERV-
ICES.—With respect to an employee performing 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00097
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
agricultural labor or services, or an employee re-
cruited or referred by a farm labor contractor (as 
defined in section 3 of the Migrant and Seasonal 
Agricultural Worker Protection Act (29 U.S.C. 
1801)), subparagraph (A) shall not apply with 
respect to the reverification of the employee until 
the date that is 36 months after the date of the 
enactment of the Legal Workforce Act. For pur-
poses of the preceding sentence, the term ‘agricul-
tural labor or services’ has the meaning given 
such term by the Secretary of Agriculture in reg-
ulations and includes agricultural labor as de-
fined in section 3121(g) of the Internal Revenue 
Code of 1986, agriculture as defined in section 
3(f) of the Fair Labor Standards Act of 1938 (29 
U.S.C. 203(f)), the handling, planting, drying, 
packing, packaging, processing, freezing, or grad-
ing prior to delivery for storage of any agricul-
tural or horticultural commodity in its unmanu-
factured state, all activities required for the 
preparation, processing, or manufacturing of a 
product of agriculture (as such term is defined 
in such section 3(f)) for further distribution, and 
activities similar to all the foregoing as they re-
late to fish or shellfish facilities. An employee de-
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00098
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
scribed 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 applies 
to verifications pursuant to paragraph (1), ex-
cept 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 Department 
of Homeland Security, the Department of 
Justice, or the Department of Labor during 
the period beginning on the date the 
reverification commences and ending 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 employment is ter-
minated. 
‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.— 
‘‘(A) ON A MANDATORY BASIS FOR CERTAIN 
EMPLOYEES.— 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00099
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
100 
‘‘(i) IN GENERAL.—Not later than the 
date that is 6 months after the date of the 
enactment of the Legal Workforce Act, an 
employer shall make an inquiry, as pro-
vided 
in 
subsection 
(d), 
using 
the 
verification system to seek verification of the 
identity and employment eligibility of any 
individual described in clause (ii) employed 
by the employer whose employment eligi-
bility has not been verified under the E- 
Verify Program described in section 403(a) 
of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (8 
U.S.C. 1324a note). 
‘‘(ii) INDIVIDUALS
DESCRIBED.—An 
individual described in this clause is any of 
the following: 
‘‘(I) An employee of any unit of a 
Federal, State, or local government. 
‘‘(II) An employee who requires a 
Federal security clearance working in 
a Federal, State, or local government 
building, a military base, a nuclear 
energy site, a weapons site, or an air-
port or other facility that requires 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00100
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
101 
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 
‘‘(bb) only applies to con-
tracts over the simple acquisition 
threshold as defined in section 
2.101 of title 48, Code of Federal 
Regulations. 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00101
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
102 
‘‘(B) ON
A
MANDATORY
BASIS
FOR
MUL-
TIPLE
USERS
OF
SAME
SOCIAL
SECURITY
AC-
COUNT NUMBER.—In the case of an employer 
who is required by this subsection to use the 
verification system described in subsection (d), or 
has elected voluntarily to use such system, the 
employer shall make inquiries to the system in 
accordance with the following: 
‘‘(i) The Commissioner of Social Secu-
rity shall notify annually employees (at the 
employee address listed on the Wage and 
Tax Statement) who submit a social secu-
rity account number to which more than 
one employer reports income and for which 
there is a pattern of unusual multiple use. 
The notification letter shall identify the 
number of employers to which income is 
being reported as well as sufficient informa-
tion notifying the employee of the process to 
contact the Social Security Administration 
Fraud Hotline if the employee believes the 
employee’s identity may have been stolen. 
The notice shall not share information pro-
tected as private, in order to avoid any re-
cipient of the notice from being in the posi-
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00102
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
103 
tion 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 security 
account number was used without their 
knowledge, the Secretary and the Commis-
sioner shall lock the social security account 
number 
for 
employment 
eligibility 
verification purposes and shall notify the 
employers of the individuals who wrongfully 
submitted the social security account num-
ber that the employee may not be work eli-
gible. 
‘‘(iii) Each employer receiving such 
notification of an incorrect social security 
account number under clause (ii) shall use 
the verification system described in sub-
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 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00103
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
105 
‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper or electronic 
version of the form and make it available 
for inspection by officers of the Department 
of Homeland Security, the Department of 
Justice, or the Department of Labor during 
the period beginning on the date the 
verification commences and ending on the 
date that is the later of 3 years after the 
date of such verification or 1 year after the 
date the individual’s employment is termi-
nated. 
‘‘(4) EARLY COMPLIANCE.— 
‘‘(A) FORMER E-VERIFY REQUIRED USERS, 
INCLUDING
FEDERAL
CONTRACTORS.—Notwith-
standing the deadlines in paragraphs (1) and 
(2), beginning on the date of the enactment of the 
Legal Workforce Act, the Secretary is authorized 
to commence requiring employers required to 
participate in the E-Verify Program described in 
section 403(a) of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note), including employers re-
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00105
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
106 
quired to participate in such program by reason 
of Federal acquisition laws (and regulations pro-
mulgated under those laws, including the Federal 
Acquisition Regulation), to commence compli-
ance with the requirements of this subsection 
(and any additional requirements of such Fed-
eral 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 COMPLIANCE.— 
Notwithstanding the deadlines in paragraphs (1) 
and (2), beginning on the date of the enactment 
of the Legal Workforce Act, the Secretary shall 
provide for the voluntary compliance with the re-
quirements of this subsection by employers volun-
tarily electing to participate in the E-Verify 
Program described in section 403(a) of the Ille-
gal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1324a note) 
before such date, as well as by other employers 
seeking voluntary early compliance. 
‘‘(5) 
COPYING
OF
DOCUMENTATION
PER-
MITTED.—Notwithstanding any other provision of 
law, the person or entity may copy a document pre-
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00106
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
107 
sented by an individual pursuant to this subsection 
and may retain the copy, but only (except as other-
wise permitted under law) for the purpose of com-
plying with the requirements of this subsection. 
‘‘(6) LIMITATION ON USE OF FORMS.—A form 
designated or established by the Secretary of Home-
land Security under this subsection and any informa-
tion contained in or appended to such form, may not 
be used for purposes other than for enforcement of this 
Act and any other provision of Federal criminal law. 
‘‘(7) GOOD FAITH COMPLIANCE.— 
‘‘(A) IN
GENERAL.—Except as otherwise 
provided in this subsection, a person or entity is 
considered to have complied with a requirement 
of this subsection notwithstanding a technical or 
procedural failure to meet such requirement if 
there was a good faith attempt to comply with 
the requirement. 
‘‘(B) EXCEPTION IF FAILURE TO CORRECT 
AFTER
NOTICE.—Subparagraph (A) shall not 
apply if— 
‘‘(i) the failure is not de minimus; 
‘‘(ii) the Secretary of Homeland Secu-
rity has explained to the person or entity 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00107
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
108 
the basis for the failure and why it is not 
de minimus; 
‘‘(iii) the person or entity has been 
provided a period of not less than 30 cal-
endar days (beginning after the date of the 
explanation) within which to correct the 
failure; and 
‘‘(iv) the person or entity has not cor-
rected the failure voluntarily within such 
period. 
‘‘(C) EXCEPTION FOR PATTERN OR PRAC-
TICE VIOLATORS.—Subparagraph (A) shall not 
apply to a person or entity that has engaged or 
is engaging in a pattern or practice of violations 
of subsection (a)(1)(A) or (a)(2). 
‘‘(8) SINGLE EXTENSION OF DEADLINES UPON 
CERTIFICATION.—In a case in which the Secretary of 
Homeland Security has certified to the Congress that 
the employment eligibility verification system re-
quired under subsection (d) will not be fully oper-
ational by the date that is 6 months after the date of 
the enactment of the Legal Workforce Act, each dead-
line established under this section for an employer to 
make an inquiry using such system shall be extended 
by 6 months. No other extension of such a deadline 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00108
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
109 
shall be made except as authorized under paragraph 
(1)(D)(iv).’’. 
(b) DATE OF HIRE.—Section 274A(h) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(h)) is amended 
by adding at the end the following: 
‘‘(4) DEFINITION OF DATE OF HIRE.—As used in 
this section, the term ‘date of hire’ means the date of 
actual commencement of employment for wages or 
other remuneration, unless otherwise specified.’’. 
SEC. 703. EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM. 
Section 274A(d) of the Immigration and Nationality 
Act (8 U.S.C. 1324a(d)) is amended to read as follows: 
‘‘(d) EMPLOYMENT ELIGIBILITY VERIFICATION SYS-
TEM.— 
‘‘(1) IN
GENERAL.—Patterned on the employ-
ment eligibility confirmation system established under 
section 404 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note), the Secretary of Homeland Security 
shall establish and administer a verification system 
through which the Secretary (or a designee of the Sec-
retary, which may be a nongovernmental entity)— 
‘‘(A) responds to inquiries made by persons 
at any time through a toll-free electronic media 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00109
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
110 
concerning an individual’s identity and whether 
the individual is authorized to be employed; and 
‘‘(B) maintains records of the inquiries that 
were made, of verifications provided (or not pro-
vided), and of the codes provided to inquirers as 
evidence of their compliance with their obliga-
tions under this section. 
‘‘(2) INITIAL RESPONSE.—The verification sys-
tem shall provide confirmation or a tentative noncon-
firmation of an individual’s identity and employment 
eligibility within 3 working days of the initial in-
quiry. If providing confirmation or tentative noncon-
firmation, the verification system shall provide an 
appropriate code indicating such confirmation or 
such nonconfirmation. 
‘‘(3) SECONDARY
CONFIRMATION
PROCESS
IN 
CASE OF TENTATIVE NONCONFIRMATION.—In cases of 
tentative nonconfirmation, the Secretary shall specify, 
in consultation with the Commissioner of Social Se-
curity, an available secondary verification process to 
confirm the validity of information provided and to 
provide a final confirmation or nonconfirmation not 
later than 10 working days after the date on which 
the notice of the tentative nonconfirmation is received 
by the employee. The Secretary, in consultation with 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00110
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
111 
the Commissioner, may extend this deadline once on 
a case-by-case basis for a period of 10 working days, 
and if the time is extended, shall document such ex-
tension within the verification system. The Secretary, 
in consultation with the Commissioner, shall notify 
the employee and employer of such extension. The 
Secretary, in consultation with the Commissioner, 
shall create a standard process of such extension and 
notification and shall make a description of such 
process available to the public. When final confirma-
tion or nonconfirmation is provided, the verification 
system shall provide an appropriate code indicating 
such confirmation or nonconfirmation. 
‘‘(4) DESIGN AND OPERATION OF SYSTEM.—The 
verification system shall be designed and operated— 
‘‘(A) to maximize its reliability and ease of 
use by persons and other entities consistent with 
insulating and protecting the privacy and secu-
rity of the underlying information; 
‘‘(B) to respond to all inquiries made by 
such persons and entities on whether individuals 
are authorized to be employed and to register all 
times when such inquiries are not received; 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00111
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
112 
‘‘(C) with appropriate administrative, tech-
nical, and physical safeguards to prevent unau-
thorized disclosure of personal information; 
‘‘(D) to have reasonable safeguards against 
the system’s resulting in unlawful discrimina-
tory practices based on national origin or citi-
zenship status, including— 
‘‘(i) the selective or unauthorized use of 
the system to verify eligibility; or 
‘‘(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 identity 
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). 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00112
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
113 
‘‘(iii) Individuals seeking to confirm 
their own employment eligibility on a vol-
untary basis. 
‘‘(5) RESPONSIBILITIES
OF
COMMISSIONER
OF 
SOCIAL SECURITY.—As part of the verification sys-
tem, the Commissioner of Social Security, in con-
sultation with the Secretary of Homeland Security 
(and any designee of the Secretary selected to estab-
lish and administer the verification system), shall es-
tablish a reliable, secure method, which, within the 
time periods specified under paragraphs (2) and (3), 
compares the name and social security account num-
ber provided in an inquiry against such information 
maintained by the Commissioner in order to validate 
(or not validate) the information provided regarding 
an individual whose identity and employment eligi-
bility must be confirmed, the correspondence of the 
name and number, and whether the individual has 
presented a social security account number that is not 
valid for employment. The Commissioner shall not 
disclose or release social security information (other 
than such confirmation or nonconfirmation) under 
the verification system except as provided for in this 
section or section 205(c)(2)(I) of the Social Security 
Act. 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00113
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
114 
‘‘(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, within 
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 pro-
vided in an inquiry against such information main-
tained or accessed by the Secretary in order to vali-
date (or not validate) the information 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 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 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00114
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
115 
it is brought to their attention in the secondary 
verification process described in paragraph (3). 
‘‘(8) LIMITATION ON USE OF THE VERIFICATION 
SYSTEM AND ANY RELATED SYSTEMS.— 
‘‘(A) 
NO
NATIONAL
IDENTIFICATION 
CARD.—Nothing in this section shall be con-
strued to authorize, directly or indirectly, the 
issuance or use of national identification cards 
or the establishment of a national identification 
card. 
‘‘(B) 
CRITICAL
INFRASTRUCTURE.—The 
Secretary may authorize or direct any person or 
entity responsible for granting access to, pro-
tecting, securing, operating, administering, or 
regulating part of the critical infrastructure (as 
defined in section 1016(e) of the Critical Infra-
structure Protection Act of 2001 (42 U.S.C. 
5195c(e))) to use the verification system to the 
extent the Secretary determines that such use 
will assist in the protection of the critical infra-
structure. 
‘‘(9) REMEDIES.—If an individual alleges that 
the individual would not have been dismissed from a 
job or would have been hired for a job but for an error 
of the verification mechanism, the individual may 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00115
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
116 
seek compensation only through the mechanism of the 
Federal Tort Claims Act, and injunctive relief to cor-
rect such error. No class action may be brought under 
this paragraph.’’. 
SEC. 704. RECRUITMENT, REFERRAL, AND CONTINUATION 
OF EMPLOYMENT. 
(a) ADDITIONAL CHANGES TO RULES FOR RECRUIT-
MENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.— 
Section 274A(a) of the Immigration and Nationality 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 Immigration 
and Nationality Act (8 U.S.C. 1324a(h)), as amended by 
section 2(b) of this Act, is further amended by adding at 
the end the following: 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00116
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
117 
‘‘(5) DEFINITION OF RECRUIT OR REFER.—As 
used in this section, the term ‘refer’ means the act of 
sending or directing a person who is in the United 
States or transmitting documentation or information 
to another, directly or indirectly, with the intent of 
obtaining employment in the United States for such 
person. Only persons or entities referring for remu-
neration (whether on a retainer or contingency basis) 
are included in the definition, except that union hir-
ing halls that refer union members or nonunion indi-
viduals who pay union membership dues are included 
in the definition whether or not they receive remu-
neration, as are labor service entities or labor service 
agencies, whether public, private, for-profit, or non-
profit, that refer, dispatch, or otherwise facilitate the 
hiring of laborers for any period of time by a third 
party. As used in this section, the term ‘recruit’ 
means the act of soliciting a person who is in the 
United States, directly or indirectly, and referring the 
person to another with the intent of obtaining em-
ployment for that person. Only persons or entities re-
ferring for remuneration (whether on a retainer or 
contingency basis) are included in the definition, ex-
cept that union hiring halls that refer union members 
or nonunion individuals who pay union membership 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00117
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
118 
dues are included in this definition 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 other-
wise 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 after the 
date of the enactment of this Act, except that the amend-
ments made by subsection (a) shall take effect 6 months 
after the date of the enactment of this Act insofar as such 
amendments relate to continuation of employment. 
SEC. 705. 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 fol-
lows: 
‘‘(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 obli-
gated to comply with this section) who estab-
lishes 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 Government, 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00118
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
119 
or a State or local government, under Fed-
eral, State, or local criminal or civil law for 
any employment-related action taken with 
respect to a job applicant or employee in 
good-faith reliance on information provided 
through the system established under sub-
section (d); and 
‘‘(ii) has established compliance with 
its obligations under subparagraphs (A) 
and (B) of paragraph (1) and subsection (b) 
absent a showing by the Secretary of Home-
land Security, by clear and convincing evi-
dence, that the employer had knowledge that 
an employee is an unauthorized alien. 
‘‘(B) MITIGATION ELEMENT.—For purposes 
of subparagraph (A)(i), if an employer proves by 
a preponderance of the evidence that the em-
ployer uses a reasonable, secure, and established 
technology to authenticate the identity of the new 
employee, that fact shall be taken into account 
for purposes of determining good faith use of the 
system established under subsection (d). 
‘‘(C) FAILURE
TO
SEEK
AND
OBTAIN 
VERIFICATION.—Subject to the effective dates and 
other deadlines applicable under subsection (b), 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00119
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
120 
in the case of a person or entity in the United 
States that hires, or continues to employ, an in-
dividual, or recruits or refers an individual for 
employment, the following requirements apply: 
‘‘(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 accordance with 
the timeframes established under sub-
section (b), seeking verification of the 
identity and work eligibility of the in-
dividual, the defense under subpara-
graph (A) shall not be considered to 
apply with respect to any employment, 
except as provided in subclause (II). 
‘‘(II) SPECIAL RULE FOR FAILURE 
OF VERIFICATION MECHANISM.—If such 
a person or entity in good faith at-
tempts to make an inquiry in order to 
qualify for the defense under subpara-
graph (A) and the verification mecha-
nism has registered that not all inquir-
ies were responded to during the rel-
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00120
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
121 
evant time, the person or entity can 
make an inquiry until the end of the 
first subsequent working day in which 
the verification mechanism registers no 
nonresponses and qualify for such de-
fense. 
‘‘(ii) 
FAILURE
TO
OBTAIN 
VERIFICATION.—If the person or entity has 
made the inquiry described in clause (i)(I) 
but has not received an appropriate 
verification of such identity and work eligi-
bility under such mechanism within the 
time period specified under subsection 
(d)(2) after the time the verification inquiry 
was received, the defense under subpara-
graph (A) shall not be considered to apply 
with respect to any employment after the 
end of such time period.’’. 
SEC. 706. PREEMPTION AND STATES’ RIGHTS. 
Section 274A(h)(2) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(h)(2)) is amended to read as fol-
lows: 
‘‘(2) PREEMPTION.— 
‘‘(A) SINGLE, NATIONAL POLICY.—The pro-
visions of this section preempt any State or local 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00121
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
122 
law, ordinance, policy, or rule, including any 
criminal or civil fine or penalty structure, inso-
far as they may now or hereafter relate to 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 em-
ployment eligibility when and as required 
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 fol-
lows the Federal regulations implementing 
this section, applies the Federal penalty 
structure set out in this section, and com-
plies with all Federal rules and guidance 
concerning implementation of this section. 
Such State may collect any fines assessed 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00122
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
123 
under this section. An employer may not be 
subject to enforcement, including audit and 
investigation, by both a Federal agency and 
a State for the same violation under this 
section. Whichever entity, the Federal agen-
cy or the State, is first to initiate the en-
forcement action, has the right of first re-
fusal to proceed with the enforcement ac-
tion. The Secretary must provide copies of 
all guidance, training, and field instruc-
tions provided to Federal officials imple-
menting the provisions of this section to 
each State.’’. 
SEC. 707. REPEAL. 
(a) IN GENERAL.—Subtitle A of title IV of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) is repealed. 
(b) REFERENCES.—Any reference in any Federal law, 
Executive order, rule, regulation, or delegation of authority, 
or any document of, or pertaining to, the Department of 
Homeland Security, Department of Justice, or the Social 
Security Administration, to the employment eligibility con-
firmation system established under section 404 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) is deemed to refer to the employ-
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00123
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
124 
ment eligibility confirmation system established under sec-
tion 274A(d) of the Immigration and Nationality Act, as 
amended by section 3 of this Act. 
(c) EFFECTIVE DATE.—This section shall take effect 
on the date that is 30 months after the date of the enactment 
of this Act. 
(d) CLERICAL AMENDMENT.—The table of sections, in 
section 1(d) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996, is amended by striking 
the items relating to subtitle A of title IV. 
SEC. 708. 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’’; 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00124
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
125 
(B) in subparagraph (A)(i), by striking 
‘‘not less than $250 and not more than $2,000’’ 
and inserting ‘‘not less than $2,500 and not 
more than $5,000’’; 
(C) in subparagraph (A)(ii), by striking 
‘‘not less than $2,000 and not more than $5,000’’ 
and inserting ‘‘not less than $5,000 and not 
more than $10,000’’; 
(D) in subparagraph (A)(iii), by striking 
‘‘not less than $3,000 and not more than 
$10,000’’ and inserting ‘‘not less than $10,000 
and not more than $25,000’’; and 
(E) by moving the margin of the continu-
ation text following subparagraph (B) two ems 
to the left and by amending subparagraph (B) to 
read as follows: 
‘‘(B) may require the person or entity to 
take such other remedial action as is appro-
priate.’’; 
(3) in subsection (e)(5)— 
(A) in the paragraph heading, strike ‘‘PA-
PERWORK’’; 
(B) by inserting ‘‘, subject to paragraphs 
(10) through (12),’’ after ‘‘in an amount’’; 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00125
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
126 
(C) by striking ‘‘$100’’ and inserting 
‘‘$1,000’’; 
(D) by striking ‘‘$1,000’’ and inserting 
‘‘$25,000’’; and 
(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 reason-
ably believes to be false, shall be treated as a vio-
lation of subsection (a)(1)(A).’’; 
(4) by adding at the end of subsection (e) the fol-
lowing: 
‘‘(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 hiring 
or continuation of employment or recruitment or re-
ferral by person or entity and in the case of imposi-
tion of a civil penalty under paragraph (5) for a vio-
lation of subsection (a)(1)(B) for hiring or recruit-
ment or referral by a person or entity, the penalty 
otherwise imposed may be waived or reduced if the vi-
olator establishes that the violator acted in good faith. 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00126
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
127 
‘‘(11) MITIGATION ELEMENT.—For purposes of 
paragraph (4), the size of the business shall be taken 
into account when assessing the level of civil money 
penalty. 
‘‘(12) AUTHORITY TO DEBAR EMPLOYERS FOR 
CERTAIN VIOLATIONS.— 
‘‘(A) IN GENERAL.—If a person or entity is 
determined by the Secretary of Homeland Secu-
rity to be a repeat violator of paragraph (1)(A) 
or (2) of subsection (a), or is convicted of a 
crime under this section, such person or entity 
may be considered for debarment from the re-
ceipt of Federal contracts, grants, or cooperative 
agreements in accordance with the debarment 
standards and pursuant to the debarment proce-
dures set forth in the Federal Acquisition Regu-
lation. 
‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 
AGREEMENT.—If the Secretary of Homeland Se-
curity or the Attorney General wishes to have a 
person or entity considered for debarment in ac-
cordance with this paragraph, and such a person 
or entity does not hold a Federal contract, grant, 
or cooperative agreement, the Secretary or Attor-
ney General shall refer the matter to the Admin-
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00127
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
128 
istrator of General Services to determine whether 
to list the person or entity on the List of Parties 
Excluded from Federal 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 person 
or entity considered for debarment in accordance 
with this paragraph, and such person or entity 
holds a Federal contract, grant, or cooperative 
agreement, the Secretary or Attorney General 
shall advise all agencies or departments holding 
a contract, grant, or cooperative agreement with 
the person or entity of the Government’s interest 
in having the person or entity considered for de-
barment, and after soliciting and considering the 
views of all such agencies and departments, the 
Secretary or Attorney General may refer the 
matter to any appropriate lead agency to deter-
mine whether to list the person or entity on the 
List of Parties Excluded from Federal Procure-
ment, 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-
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00128
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
129 
graph shall be reviewable pursuant to part 9.4 of 
the Federal Acquisition Regulation. 
‘‘(13) OFFICE FOR STATE AND LOCAL GOVERN-
MENT COMPLAINTS.—The Secretary of Homeland Se-
curity shall establish an office— 
‘‘(A) to which State and local government 
agencies may submit information indicating po-
tential violations of subsection (a), (b), or (g)(1) 
that were generated in the normal course of law 
enforcement or the normal course of other official 
activities in the State or locality; 
‘‘(B) that is required to indicate to the com-
plaining State or local agency within five busi-
ness days of the filing of such a complaint by 
identifying whether the Secretary will further in-
vestigate the information provided; 
‘‘(C) that is required to investigate those 
complaints filed by State or local government 
agencies that, on their face, have a substantial 
probability of validity; 
‘‘(D) that is required to notify the com-
plaining State or local agency of the results of 
any such investigation conducted; and 
‘‘(E) that is required to report to the Con-
gress annually the number of complaints received 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00129
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
130 
under this paragraph, the States and localities 
that filed such complaints, and the resolution of 
the complaints investigated by the Secretary.’’; 
and 
(5) by amending paragraph (1) of subsection (f) 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or entity 
which engages in a pattern or practice of violations 
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, notwithstanding the 
provisions of any other Federal law relating to fine 
levels.’’. 
SEC. 709. 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 (in-
cluding 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-
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00130
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
131 
cluding the documents described in section 274A(b) of 
the Immigration and Nationality Act),’’. 
SEC. 710. PROTECTION OF SOCIAL SECURITY ADMINISTRA-
TION PROGRAMS. 
(a) FUNDING UNDER AGREEMENT.—Effective for fis-
cal years beginning on or after October 1, 2023, the Com-
missioner of Social Security and the Secretary of Homeland 
Security shall enter into and maintain an agreement which 
shall— 
(1) provide funds to the Commissioner for the 
full costs of the responsibilities of the Commissioner 
under section 274A(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(d)), as amended by sec-
tion 3 of this Act, including (but not limited to)— 
(A) acquiring, installing, and maintaining 
technological equipment and systems necessary 
for the fulfillment of the responsibilities of the 
Commissioner under such section 274A(d), but 
only that portion of such costs that are attrib-
utable exclusively to such responsibilities; and 
(B) responding to individuals who contest a 
tentative nonconfirmation provided by the em-
ployment eligibility verification system estab-
lished under such section; 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00131
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
132 
(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 en-
actment 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 Admin-
istration and the Department of Homeland Security. 
(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 agree-
ment between the Commissioner and the Secretary of Home-
land 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 interim 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 Management and Budget to adjust 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00132
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB
133 
for inflation and any increase or decrease in the volume 
of requests under the employment eligibility verification 
system. In any case in which an interim agreement applies 
for any fiscal year under this subsection, the Commissioner 
and the Secretary shall, not later than October 1 of such 
fiscal year, notify the Committee on Ways and Means, the 
Committee on the Judiciary, and the Committee on Appro-
priations of the House of Representatives and the Com-
mittee on Finance, the Committee on the Judiciary, and 
the Committee on Appropriations of the Senate of the fail-
ure to reach the agreement required under subsection (a) 
for such fiscal year. Until such time as the agreement re-
quired under subsection (a) has been reached for such fiscal 
year, the Commissioner and the Secretary shall, not later 
than the end of each 90-day period after October 1 of such 
fiscal year, notify such Committees of the status of negotia-
tions between the Commissioner and the Secretary in order 
to reach such an agreement. 
SEC. 711. FRAUD PREVENTION. 
(a) BLOCKING MISUSED SOCIAL SECURITY ACCOUNT 
NUMBERS.—The Secretary of Homeland Security, in con-
sultation with the Commissioner of Social Security, shall 
establish a program in which social security account num-
bers that have been identified to be subject to unusual mul-
tiple use in the employment eligibility verification system 
VerDate Sep 11 2014 
22:28 May 05, 2023
Jkt 039200
PO 00000
Frm 00133
Fmt 6652
Sfmt 6203
E:\BILLS\H2640.RH
H2640
pbinns on DSKJLVW7X2PROD with $$_JOB