submitted by the person or entity for an individual does 
not match Social Security Administration records. 
(b) DEPARTMENT OF HOMELAND SECURITY.—The 
Secretary of Homeland Security shall send a written no-
tice to a person or entity each time that such Secretary 
determines that an immigration status document or em-
ployment authorization document presented or referenced 
by an individual during the process of completing the at-
testations required by the person or entity for employment 
eligibility verification was assigned to another person, or 
that there is no agency record that the document was as-
signed to any person. 
SEC. 313. REQUIRING EMPLOYERS TO TAKE ACTION UPON 
RECEIPT OF A ‘‘NO-MATCH’’ LETTER. 
Beginning on the date that is 6 months after the date 
of the enactment of this Act, a person or entity that has 
received a written notice under section 312 shall, within 
3 business days of receiving such notice, verify the individ-
ual’s employment authorization and identity through the 
verification system established under section 314. 
SEC. 314. VERIFICATION SYSTEM. 
Not later than 6 months after the date of enactment 
of this Act, the Secretary of Homeland Security, in con-
sultation with the Commissioner of the Social Security Ad-
ministration, as appropriate, shall establish and admin-
VerDate Aug 31 2005 
06:04 Jul 11, 2007
Jkt 059200
PO 00000
Frm 00066
Fmt 6652
Sfmt 6201
E:\BILLS\H2954.IH
H2954
bajohnson on PROD1PC69 with BILLS
ister a verification system through which persons or enti-
ties that have received written notice under section 312 
shall verify an individual’s employment authorization and 
identity. 
SEC. 315. DESIGN AND OPERATION OF SYSTEM. 
The verification system established under section 314 
shall be designed and operated— 
(1) to maximize its reliability and ease of use, 
consistent with insulating and protecting the privacy 
and security of the underlying information; 
(2) to respond to all required inquiries under 
this subtitle regarding whether individuals are au-
thorized to be employed and to register all times 
when such inquiries are not received; 
(3) with appropriate administrative, technical, 
and physical safeguards to prevent unauthorized dis-
closure of personal information; and 
(4) to have reasonable safeguards against the 
system’s resulting in unlawful discriminatory prac-
tices based on national origin or citizenship status, 
including— 
(A) the selective or unauthorized use of the 
system to verify eligibility; 
(B) the use of the system prior to an offer 
of employment; or 
VerDate Aug 31 2005 
06:04 Jul 11, 2007
Jkt 059200
PO 00000
Frm 00067
Fmt 6652
Sfmt 6201
E:\BILLS\H2954.IH
H2954
bajohnson on PROD1PC69 with BILLS
(C) the exclusion of certain individuals 
from consideration for employment as a result 
of 
a 
perceived 
likelihood 
that 
additional 
verification will be required, beyond what is re-
quired for most job applicants. 
SEC. 316. EXTENSION OF TIME. 
If a person or entity in good faith attempts to make 
an inquiry during the time period specified and the 
verification system established under section 314 has reg-
istered that not all inquiries were received during such 
time, the person or entity may make an inquiry on the 
first subsequent working day in which the verification sys-
tem registers that it has received all inquiries. If the 
verification system cannot receive inquiries 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 additional proof concerning 
such inquiry. 
SEC. 317. RETENTION OF PROOF OF VERIFICATION COM-
PLETION. 
After completion of the verification process estab-
lished under section 314, a person or entity shall retain 
a paper, microfiche, microfilm, or electronic version of the 
form received through the verification process (or, in the 
VerDate Aug 31 2005 
06:04 Jul 11, 2007
Jkt 059200
PO 00000
Frm 00068
Fmt 6652
Sfmt 6201
E:\BILLS\H2954.IH
H2954
bajohnson on PROD1PC69 with BILLS
case of a telephonic verification, a paper, microfiche, 
microfilm, or electronic 
record 
of 
the 
telephonic 
verification code number) and make it available for inspec-
tion by officers of the Department of Homeland Security, 
the Special Counsel for Immigration-Related Unfair Em-
ployment Practices, or the Department of Labor for 3 
years after the date on which the form or telephonic 
verification code number was received. 
SEC. 318. TERMINATION OF EMPLOYMENT. 
(a) BURDEN
ON INDIVIDUAL TO RESOLVE ER-
RORS.—If a person or entity has received an initial 
nonverification 
regarding 
an 
individual 
from 
the 
verification system established under section 315, the per-
son or entity shall notify the individual in writing within 
1 business day of such receipt. In such notice, the person 
or entity shall advise the individual that the burden is on 
the individual to resolve any error in the verification mech-
anism not later than 30 days after the date on which the 
notice is issued. Such notice shall also state that the per-
son or entity shall be required to verify once again the 
individual’s 
employment 
authorization 
and 
identity 
through the verification system established under section 
315, and to terminate any employment in the United 
States, and any recruitment, hiring, or referral for em-
VerDate Aug 31 2005 
06:04 Jul 11, 2007
Jkt 059200
PO 00000
Frm 00069
Fmt 6652
Sfmt 6201
E:\BILLS\H2954.IH
H2954
bajohnson on PROD1PC69 with BILLS