I 
113TH CONGRESS 
1ST SESSION H. R. 2124 
To amend the Immigration and Nationality Act to improve worksite enforce-
ment, prevent crime, and gain operational control of the borders, and 
for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
MAY 23, 2013 
Mr. BARROW of Georgia introduced the following bill; which was referred to 
the Committee on the Judiciary, and in addition to the Committees on 
Homeland Security, Ways and Means, Armed Services, and Education 
and the Workforce, for a period to be subsequently determined by the 
Speaker, in each case for consideration of such provisions as fall within 
the jurisdiction of the committee concerned 
A BILL 
To amend the Immigration and Nationality Act to improve 
worksite enforcement, prevent crime, and gain oper-
ational control of the borders, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Keeping the Promise of IRCA Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title. 
TITLE I—WORKSITE ENFORCEMENT THAT WORKS 
Sec. 101. Employment eligibility verification process. 
Sec. 102. Employment eligibility verification system. 
Sec. 103. Recruitment, referral, and continuation of employment. 
Sec. 104. Good faith defense. 
Sec. 105. Repeal. 
Sec. 106. Penalties. 
TITLE II—CRIME PREVENTION AND PENALTIES 
Sec. 201. Establishment of electronic birth and death registration systems. 
Sec. 202. Enhanced penalties for document fraud. 
Sec. 203. Alien smuggling and terrorism prevention. 
Sec. 204. Eligibility for State criminal alien assistance program funding. 
Sec. 205. ICE immigration enforcement agents. 
Sec. 206. ICE detention enforcement officers. 
Sec. 207. Additional ICE deportation officers and support staff. 
Sec. 208. Assisting gang and drug task forces. 
Sec. 209. Protecting communities. 
Sec. 210. Protecting public safety and removing criminal aliens. 
Sec. 211. Pilot program for electronic field processing. 
Sec. 212. Restricting visas for countries that refuse to repatriate their nation-
als. 
Sec. 213. Additional ICE detention space. 
Sec. 214. Additional immigration judgeships and law clerks. 
Sec. 215. Additional ICE prosecutors. 
Sec. 216. Ensuring the safety of ICE officers and agents. 
Sec. 217. ICE Advisory Council. 
TITLE III—GAINING OPERATIONAL CONTROL OF AMERICA’S 
BORDERS 
Sec. 301. Automated entry-exit control system. 
Sec. 302. Measuring border security. 
Sec. 303. National strategy to achieve operational control of America’s borders. 
Sec. 304. Improving border technology. 
Sec. 305. Ensuring the safety of border patrol agents. 
TITLE I—WORKSITE 
ENFORCEMENT THAT WORKS 
SEC. 101. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS. 
(a) IN GENERAL.—Section 274A(b) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(b)) is amended 
to read as follows: 
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‘‘(b) 
EMPLOYMENT
ELIGIBILITY
VERIFICATION 
PROCESS.— 
‘‘(1) NEW HIRES, RECRUITMENT, AND REFER-
RAL.—The requirements referred to in paragraphs 
(1)(B) and (3) of subsection (a) are, in the case of 
a person or other entity hiring, recruiting, or refer-
ring an individual for employment in the United 
States, the following: 
‘‘(A) ATTESTATION
AFTER
EXAMINATION 
OF DOCUMENTATION.— 
‘‘(i) ATTESTATION.—On the date of 
hire (as defined in subsection (h)(4)), the 
person or entity shall attest, under penalty 
of perjury and on a form, including elec-
tronic and telephonic formats, designated 
or established by the Secretary by regula-
tion not later than 6 months after the date 
of the enactment of the Keeping the Prom-
ise of IRCA Act, that it has verified that 
the individual is not an unauthorized alien 
by— 
‘‘(I) obtaining from the indi-
vidual the individual’s social security 
account number and recording the 
number on the form (if the individual 
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claims to have been issued such a 
number), and, if the individual does 
not attest to United States nationality 
under subparagraph (B), obtaining 
such identification or authorization 
number established by the Depart-
ment of Homeland Security for the 
alien as the Secretary of Homeland 
Security may specify, and recording 
such number on the form; and 
‘‘(II) examining— 
‘‘(aa) a document relating to 
the individual presenting it de-
scribed in clause (ii); or 
‘‘(bb) a document relating to 
the individual presenting it de-
scribed in clause (iii) and a docu-
ment relating to the individual 
presenting it described in clause 
(iv). 
‘‘(ii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT
AUTHORIZATION
AND
ESTAB-
LISHING
IDENTITY.—A 
document 
de-
scribed in this subparagraph is an individ-
ual’s— 
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‘‘(I) unexpired United States 
passport or passport card; 
‘‘(II) unexpired permanent resi-
dent card that contains a photograph; 
‘‘(III) unexpired employment au-
thorization card that contains a pho-
tograph; 
‘‘(IV) in the case of a non-
immigrant alien authorized to work 
for a specific employer incident to sta-
tus, a foreign passport with Form I– 
94 or Form I–94A, or other docu-
mentation as designated by the Sec-
retary specifying the alien’s non-
immigrant status as long as the pe-
riod of status has not yet expired and 
the proposed employment is not in 
conflict with any restrictions or limita-
tions identified in the documentation; 
‘‘(V) passport from the Fed-
erated States of Micronesia (FSM) or 
the Republic of the Marshall Islands 
(RMI) with Form I–94 or Form I– 
94A, or other documentation as des-
ignated by the Secretary, indicating 
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nonimmigrant admission under the 
Compact of Free Association Between 
the United States and the FSM or 
RMI; or 
‘‘(VI) other document designated 
by the Secretary of Homeland Secu-
rity, if the document— 
‘‘(aa) contains a photograph 
of the individual and biometric 
identification data from the indi-
vidual and such other personal 
identifying information relating 
to the individual as the Secretary 
of Homeland Security finds, by 
regulation, sufficient for purposes 
of this clause; 
‘‘(bb) is evidence of author-
ization of employment in the 
United States; and 
‘‘(cc) contains security fea-
tures to make it resistant to tam-
pering, counterfeiting, and fraud-
ulent use. 
‘‘(iii) DOCUMENTS
EVIDENCING
EM-
PLOYMENT AUTHORIZATION.—A document 
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described in this subparagraph is an indi-
vidual’s social security account number 
card (other than such a card which speci-
fies on the face that the issuance of the 
card does not authorize employment in the 
United States). 
‘‘(iv) 
DOCUMENTS
ESTABLISHING 
IDENTITY
OF
INDIVIDUAL.—A document 
described in this subparagraph is— 
‘‘(I) an individual’s unexpired 
State issued driver’s license or identi-
fication card if it contains a photo-
graph and information such as name, 
date of birth, gender, height, eye 
color, and address; 
‘‘(II) an individual’s unexpired 
U.S. military identification card; 
‘‘(III) an individual’s unexpired 
Native American tribal identification 
document issued by a tribal entity rec-
ognized by the Bureau of Indian Af-
fairs; or 
‘‘(IV) in the case of an individual 
under 18 years of age, a parent or 
legal guardian’s attestation under 
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penalty of law as to the identity and 
age of the individual. 
‘‘(v) AUTHORITY TO PROHIBIT USE OF 
CERTAIN DOCUMENTS.—If the Secretary of 
Homeland Security finds, by regulation, 
that any document described in clause (i), 
(ii), or (iii) as establishing employment au-
thorization or identity does not reliably es-
tablish such authorization or identity or is 
being used fraudulently to an unacceptable 
degree, the Secretary may prohibit or place 
conditions on its use for purposes of this 
paragraph. 
‘‘(vi) SIGNATURE.—Such attestation 
may be manifested by either a hand-writ-
ten or electronic signature. 
‘‘(B) INDIVIDUAL
ATTESTATION
OF
EM-
PLOYMENT AUTHORIZATION.— 
‘‘(i) 
IN
GENERAL.—During 
the 
verification period (as defined in subpara-
graph (F)), the individual shall attest, 
under penalty of perjury on the form des-
ignated or established for purposes of sub-
paragraph (A), that the individual is a cit-
izen or national of the United States, an 
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alien lawfully admitted for permanent resi-
dence, or an alien who is authorized under 
this Act or by the Secretary of Homeland 
Security to be hired, recruited, or referred 
for such employment. Such attestation may 
be manifested by either a hand-written or 
electronic signature. The individual shall 
also provide that individual’s social secu-
rity account number (if the individual 
claims to have been issued such a number), 
and, if the individual does not attest to 
United States nationality under this sub-
paragraph, such identification or author-
ization number established by the Depart-
ment of Homeland Security for the alien 
as the Secretary may specify. 
‘‘(ii) CRIMINAL PENALTY.— 
‘‘(I) OFFENSES.—Any individual 
who, pursuant to clause (i), provides a 
social security account number or an 
identification or authorization number 
established by the Secretary of Home-
land Security that belongs to another 
person, knowing that the number does 
not belong to the individual providing 
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the number, shall be fined under title 
18, United States Code, imprisoned 
not less than 1 year and not more 
than 15 years, or both. Any individual 
who, pursuant to clause (i), provides, 
during and in relation to any felony 
violation 
enumerated 
in 
section 
1028A(c) of title 18, United States 
Code, a social security account num-
ber or an identification or authoriza-
tion number established by the Sec-
retary of Homeland Security that be-
longs to another person, knowing that 
the number does not belong to the in-
dividual providing the number, in ad-
dition to the punishment provided for 
such felony, shall be fined under title 
18, United States Code, imprisoned 
for a term of 2 years, or both. 
‘‘(II) 
CONSECUTIVE
SEN-
TENCE.—Notwithstanding any other 
provision of law— 
‘‘(aa) a court shall not place 
on probation any individual con-
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victed of a violation of this 
clause; 
‘‘(bb) except as provided in 
item (dd), no term of imprison-
ment imposed on an individual 
under this section shall run con-
currently with any other term of 
imprisonment imposed on the in-
dividual under any other provi-
sion of law, including any term of 
imprisonment imposed for the 
felony enumerated in section 
1028A(c) of title 18, United 
States Code, during which the 
violation of this section occurred; 
‘‘(cc) in determining any 
term of imprisonment to be im-
posed for the felony enumerated 
in section 1028A(c) of title 18, 
United 
States 
Code, 
during 
which the violation of this clause 
occurred, a court shall not in any 
way reduce the term to be im-
posed for such crime so as to 
compensate for, or otherwise take 
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into account, any separate term 
of imprisonment imposed or to be 
imposed for a violation of this 
clause; and 
‘‘(dd) a term of imprison-
ment imposed on an individual 
for a violation of this clause may, 
in the discretion of the court, run 
concurrently, in whole or in part, 
only with another term of impris-
onment that is imposed by the 
court at the same time on that 
individual for an additional viola-
tion of this clause, except that 
such discretion shall be exercised 
in accordance with any applicable 
guidelines and policy statements 
issued by the United States Sen-
tencing Commission pursuant to 
section 994 of title 28, United 
States Code. 
‘‘(C) RETENTION OF VERIFICATION FORM 
AND VERIFICATION.— 
‘‘(i) IN GENERAL.—After completion 
of such form in accordance with subpara-
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graphs (A) and (B), the person or entity 
shall— 
‘‘(I) retain a paper, microfiche, 
microfilm, or electronic version of the 
form and make it available for inspec-
tion by officers of the Department of 
Homeland Security, the Special Coun-
sel for Immigration-Related Unfair 
Employment Practices, or the Depart-
ment of Labor during a period begin-
ning on the date of the recruiting or 
referral of the individual, or, in the 
case of the hiring of an individual, the 
date on which the verification is com-
pleted, and ending— 
‘‘(aa) in the case of the re-
cruiting or referral of an indi-
vidual, 3 years after the date of 
the recruiting or referral; and 
‘‘(bb) in the case of the hir-
ing of an individual, the later of 
3 years after the date the 
verification is completed or one 
year after the date the individ-
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tity and work eligibility of the indi-
vidual. 
‘‘(IV) EXTENSION OF TIME.—If 
the person or other entity in good 
faith attempts to make an inquiry 
during the time period specified and 
the verification system has registered 
that not all inquiries were received 
during such time, the person or entity 
may make an inquiry in the first sub-
sequent working day in which the 
verification system registers that it 
has received all inquiries. If the 
verification system cannot receive in-
quiries at all times during a day, the 
person or entity merely has to assert 
that the entity attempted to make the 
inquiry on that day for the previous 
sentence to apply to such an inquiry, 
and does not have to provide any ad-
ditional proof concerning such inquiry. 
‘‘(V) CONSEQUENCES
OF
NON-
CONFIRMATION.— 
‘‘(aa) TERMINATION OR NO-
TIFICATION OF CONTINUED EM-
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PLOYMENT.—If the person or 
other entity has received a final 
nonconfirmation regarding an in-
dividual, the person or entity 
may terminate employment of the 
individual (or decline to recruit 
or refer the individual). If the 
person or entity does not termi-
nate employment of the indi-
vidual or proceeds to recruit or 
refer the individual, the person or 
entity shall notify the Secretary 
of Homeland Security of such 
fact through the verification sys-
tem or in such other manner as 
the Secretary may specify. 
‘‘(bb) 
FAILURE
TO
NO-
TIFY.—If the person or entity 
fails to provide notice with re-
spect to an individual as required 
under item (aa), the failure is 
deemed to constitute a violation 
of subsection (a)(1)(A) with re-
spect to that individual. 
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‘‘(VI) CONTINUED EMPLOYMENT 
AFTER FINAL NONCONFIRMATION.—If 
the person or other entity continues to 
employ (or to recruit or refer) an indi-
vidual after receiving final noncon-
firmation, a rebuttable presumption is 
created that the person or entity has 
violated subsection (a)(1)(A). 
‘‘(D) EFFECTIVE DATES OF NEW PROCE-
DURES.— 
‘‘(i) HIRING.—The provisions of this 
paragraph shall apply to a person or other 
entity hiring an individual for employment 
in the United States as follows: 
‘‘(I) With respect to employers 
having 10,000 or more employees in 
the United States on the date of the 
enactment of the Keeping the Promise 
of IRCA Act, on the date 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 
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the date of the enactment of the 
Keeping the Promise of IRCA Act, 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 em-
ployees in the United States, on the 
date of the enactment of the Keeping 
the Promise of IRCA Act, on the date 
that is 18 months after the date of 
the enactment of such Act. 
‘‘(IV) With respect to employers 
having one or more employees in the 
United States, but less than 20 em-
ployees in the United States, on the 
date of the enactment of the Keeping 
the Promise of IRCA Act, on the date 
that is 24 months after the date of 
the enactment of such Act. 
‘‘(ii) RECRUITING AND REFERRING.— 
The provisions of this paragraph shall 
apply to a person or other entity recruiting 
or referring an individual for employment 
in the United States on the date that is 12 
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months after the date of the enactment of 
the Keeping the Promise of IRCA Act. 
‘‘(iii) TRANSITION RULE.—Subject to 
paragraph (4), the following shall apply to 
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) 
and (ii): 
‘‘(I) This subsection, as in effect 
before the enactment of the Keeping 
the Promise of IRCA 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 be-
fore the effective date in section 7(c) 
of the Keeping the Promise of IRCA 
Act. 
‘‘(III) Any other provision of 
Federal law requiring the person or 
entity to participate in the E-Verify 
Program described in section 403(a) 
of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 
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(8 U.S.C. 1324a note), as in effect be-
fore the effective date in section 7(c) 
of the Keeping the Promise of IRCA 
Act, including Executive Order 13465 
(8 U.S.C. 1324a note; relating to 
Government procurement). 
‘‘(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 3 busi-
ness days after the date of hire, ex-
cept as provided in clause (ii). 
‘‘(ii) 
SPECIAL
RULE.—Notwith-
standing 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 
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applied for a social security account num-
ber, the verification period ends 3 business 
days after the alien receives the social se-
curity account number. 
‘‘(2) REVERIFICATION FOR INDIVIDUALS WITH 
LIMITED WORK AUTHORIZATION.— 
‘‘(A) IN
GENERAL.—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 3 business days before the 
date on which the employee’s work authoriza-
tion 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 the 
Keeping the Promise of IRCA Act, begin-
ning on the date that is 6 months after the 
date of the enactment 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 en-
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actment of the Keeping the Promise of 
IRCA Act, beginning on the date that is 
12 months after the date of the enactment 
of such Act. 
‘‘(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 the Keeping the Promise of IRCA 
Act, beginning on the date that is 18 
months after the date of the enactment of 
such Act. 
‘‘(iv) With respect to employers hav-
ing 1 or more employees in the United 
States, but less than 20 employees in the 
United States, on the date of the enact-
ment of the Keeping the Promise of IRCA 
Act, beginning on the date that is 24 
months after the date of the enactment of 
such Act. 
‘‘(B) 
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— 
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‘‘(i) use a form designated or estab-
lished by the Secretary by regulation for 
purposes of this paragraph; and 
‘‘(ii) retain a paper, microfiche, micro-
film, or electronic version of the form and 
make it available for inspection by officers 
of the Department of Homeland Security, 
the Special Counsel for Immigration-Re-
lated Unfair Employment Practices, or the 
Department of Labor during the period be-
ginning on the date the reverification com-
mences 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 terminated. 
‘‘(3) 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 Keeping the Promise of IRCA Act, the Sec-
retary is authorized to commence requiring em-
ployers required to participate in the E-Verify 
Program described in section 403(a) of the Ille-
gal Immigration Reform and Immigrant Re-
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sponsibility Act of 1996 (8 U.S.C. 1324a note), 
including employers required to participate in 
such program by reason of Federal acquisition 
laws (and regulations promulgated under those 
laws, including the Federal Acquisition Regula-
tion), to commence compliance with the require-
ments of this subsection (and any additional re-
quirements of such Federal acquisition laws and 
regulation) in lieu of any requirement to par-
ticipate 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 the Keeping the Promise of 
IRCA Act, the Secretary shall provide for the 
voluntary compliance with the requirements of 
this subsection by employers voluntarily electing 
to participate in the E-Verify Program de-
scribed in section 403(a) of the Illegal Immigra-
tion Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note) before such 
date, as well as by other employers seeking vol-
untary early compliance. 
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‘‘(4) 
COPYING
OF
DOCUMENTATION
PER-
MITTED.—Notwithstanding any other provision of 
law, the person or entity may copy a document pre-
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. 
‘‘(5) LIMITATION ON USE OF FORMS.—A form 
designated or established by the Secretary of Home-
land Security under this subsection and any infor-
mation 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 crimi-
nal law. 
‘‘(6) GOOD FAITH COMPLIANCE.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this subsection, a person or entity 
is considered to have complied with a require-
ment of this subsection notwithstanding a tech-
nical or procedural failure to meet such require-
ment if there was a good faith attempt to com-
ply with the requirement. 
‘‘(B) EXCEPTION IF FAILURE TO CORRECT 
AFTER
NOTICE.—Subparagraph (A) shall not 
apply if— 
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‘‘(i) the failure is not de minimus; 
‘‘(ii) the Secretary of Homeland Secu-
rity has explained to the person or entity 
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 or is engag-
ing in a pattern or practice of violations of sub-
section (a)(1)(A) or (a)(2). 
‘‘(7) 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 
required under subsection (d) will not be fully oper-
ational by the date that is 6 months after the date 
of the enactment of the Keeping the Promise of 
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IRCA Act, each deadline established under this sec-
tion for an employer to make an inquiry using such 
system shall be extended by 6 months. No other ex-
tension of such a deadline shall be made.’’. 
(b) DATE OF HIRE.—Section 274A(h) of the Immi-
gration 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 speci-
fied.’’. 
SEC. 102. 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 
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Secretary, which may be a nongovernmental enti-
ty)— 
‘‘(A) responds to inquiries made by per-
sons at any time through a toll-free telephone 
line and other toll-free electronic media con-
cerning 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 provided), and of the codes provided to in-
quirers as evidence of their compliance with 
their obligations under this section. 
‘‘(2) INITIAL RESPONSE.—The verification sys-
tem shall provide confirmation or a tentative non-
confirmation of an individual’s identity and employ-
ment eligibility within 3 working days of the initial 
inquiry. If providing confirmation or tentative non-
confirmation, 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 Security, an available secondary verification 
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process to confirm the validity of information pro-
vided and to provide a final confirmation or noncon-
firmation not later than 10 working days after the 
date on which the notice of the tentative noncon-
firmation is received by the employee. The Secretary, 
in consultation with the Commissioner, may extend 
this deadline on a case-by-case basis, and if the time 
is extended, shall document such extension within 
the verification system. When final confirmation 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 oper-
ated— 
‘‘(A) to maximize its reliability and ease of 
use by persons and other entities consistent 
with insulating and protecting the privacy and 
security of the underlying information; 
‘‘(B) to respond to all inquiries made by 
such persons and entities on whether individ-
uals are authorized to be employed and to reg-
ister all times when such inquiries are not re-
ceived; 
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‘‘(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; 
and 
‘‘(E) 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). 
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‘‘(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. 
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