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-
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 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
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 
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). 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(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 
shall be made.’’. 
(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. 3. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM. 
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 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
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 telephone line 
and other toll-free electronic media concerning 
an individual’s identity and whether the indi-
vidual 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. 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(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 
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— 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00036
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(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; 
‘‘(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 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00037
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(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). 
‘‘(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 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00038
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
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. 
‘‘(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 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00039
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
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 
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. 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00040
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
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 but for an error of the verification mechanism, the 
individual may seek compensation only through the 
mechanism of the Federal Tort Claims Act, and in-
junctive relief to correct such error. No class action 
may be brought under this paragraph.’’. 
SEC. 4. 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 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00041
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
(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: 
‘‘(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’ 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00042
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
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 
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. 5. 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.— 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00043
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(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, 
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-
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00044
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
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), 
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). 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00045
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
‘‘(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-
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 
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00046
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS
person or entity considered for debarment in ac-
cordance with this paragraph, and such an per-
son or entity does not hold a Federal contract, 
grant or cooperative agreement, the Secretary or 
Attorney General shall refer the matter to the 
Administrator 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-
VerDate Sep 11 2014 
22:37 Dec 16, 2014
Jkt 049200
PO 00000
Frm 00053
Fmt 6652
Sfmt 6203
E:\BILLS\H1772.RH
H1772
mstockstill on DSK4VPTVN1PROD with BILLS