gration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(a)(1)(B)(ii)). 
‘‘(6) UNITED STATES CITIZENSHIP.—The term 
‘United States citizenship’ includes United States 
nationality. 
‘‘(7) STATE.—The term ‘State’ has the mean-
ing given such term in section 101(a)(36) of the Im-
migration 
and 
Nationality 
Act 
(8 
U.S.C. 
1101(a)(36)). 
‘‘SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN AN 
E-VERIFY PROGRAM. 
‘‘(a) VOLUNTARY ELECTION.—Subject to subsection 
(c)(3), any person or other entity that conducts any hiring 
(or recruitment or referral) may elect to participate in the 
E-Verify program by enrolling. Except as specifically pro-
vided in paragraphs (1) and (2) of subsection (d), the Sec-
retary of Homeland Security may not require any person 
or other entity to participate in an E-Verify program. 
‘‘(b) BENEFIT OF REBUTTABLE PRESUMPTION.— 
‘‘(1) IN GENERAL.—If a person or other entity 
is participating in a pilot program and obtains con-
firmation of identity and employment eligibility in 
compliance with the terms and conditions of the pro-
gram with respect the hiring (or recruitment or re-
ferral) of an individual for employment in the 
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United States, or current employees pursuant to sec-
tion 403(a)(1)(B), the person or entity has estab-
lished a rebuttable presumption that the person or 
entity has not violated section 274A(a)(1)(A) with 
respect to such hiring (or such recruitment or refer-
ral). 
‘‘(2) CONSTRUCTION.—Paragraph (1) shall not 
be construed as preventing a person or other entity 
that has an election in effect under subsection (a) 
from establishing an affirmative defense under sec-
tion 274A(a)(3), if the person or entity complies 
with the requirements of section 274A(a)(1)(a) but 
fails to obtain confirmation under paragraph (1). 
‘‘(3) PROTECTION FROM LIABILITY.—No person 
or entity participating in an E-Verify program shall 
be civilly or criminally liable under any Federal, 
State, or local law for any action taken in good faith 
reliance on information provided through the con-
firmation system. 
‘‘(c) GENERAL TERMS OF ELECTIONS.— 
‘‘(1) IN
GENERAL.—An election under sub-
section (a) shall be in such form and manner, under 
such terms and conditions, and shall take effect, as 
the Secretary of Homeland Security shall specify. 
The Secretary of Homeland Security may not im-
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pose any fees as a condition of making an election 
or participating in the basic E-Verify program. 
‘‘(2) SCOPE OF ELECTION.—Subject to para-
graph (3), any electing person or other entity may 
provide that the election under subsection (a) shall 
apply (during the period in which the election is in 
effect)— 
‘‘(A) to all its hiring (and all recruitment 
and referral; or 
‘‘(B) to its hiring (or recruitment or refer-
ral) in one or more places of hiring (or recruit-
ment or referral, as the case may be). 
‘‘(3) TERMINATION OF ELECTIONS.—The Sec-
retary of Homeland Security may terminate an elec-
tion by a person or other entity under this section 
because the person or entity has substantially failed 
to comply with its obligations under the program. A 
person or other entity may terminate an election in 
such form and manner as the Secretary of Home-
land Security shall specify. 
‘‘(d) SELECT ENTITIES REQUIRED TO PARTICIPATE 
IN A PILOT PROGRAM.— 
‘‘(1) FEDERAL GOVERNMENT.— 
‘‘(A) EXECUTIVE DEPARTMENTS.— 
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‘‘(i) IN GENERAL.—Each Department 
of the Federal Government shall elect to 
participate in an E-Verify program and 
shall comply with the terms and conditions 
of such an election. 
‘‘(ii) ELECTION.—Subject to clause 
(iii), the Secretary of each such Depart-
ment— 
‘‘(I) shall elect the E-Verify pro-
gram (or programs) in which the De-
partment shall participate; and 
‘‘(II) may limit the election to 
hiring occurring in certain States (or 
geographic areas) and in specified di-
visions within the Department, as 
long as all hiring by such divisions 
and in such locations is covered. 
‘‘(iii) ROLE OF SECRETARY OF HOME-
LAND SECURITY.—The Secretary of Home-
land Security shall assist and coordinate 
elections under this subparagraph in such 
manner as assures that— 
‘‘(I) a significant portion of the 
total hiring within each Department 
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within the United States is covered 
under such a program; and 
‘‘(II) there is significant partici-
pation 
by 
the 
Federal 
executive 
branch in the pilot programs. 
‘‘(B) LEGISLATIVE BRANCH.—Each Mem-
ber of Congress, each officer of Congress, and 
the head of each agency of the legislative 
branch, that conducts hiring shall elect to par-
ticipate in a pilot program, may specify which 
pilot program or programs in which the Mem-
ber, officer, or agency will participate, and shall 
comply with the terms and conditions of such 
election. 
‘‘(2) APPLICATION TO CERTAIN VIOLATORS.— 
An order under section 274A(e)(4), or section 
274B(g) of the Immigration and Nationality Act (8 
U.S.C. 1324b(g)), may require the subject of the 
order to participate in, and comply with the terms 
of, a pilot program with respect to the subject’s hir-
ing (or recruitment or referral) of individuals. 
‘‘(3) CONSEQUENCES OF FAILURE TO PARTICI-
PATE.—If a person other entity is required under 
this subsection to participate in a pilot program and 
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fails to comply with the requirements of such pro-
gram with respect to an individual— 
‘‘(A) such failure shall be treated as a vio-
lation of section 274A(a)(1)(B) with respect to 
that individual; and 
‘‘(B) a rebuttable presumption is created 
that the person or entity has violated section 
274A(a)(1)(A). 
Subparagraph (B) shall not apply in any prosecution 
under section 274A(f)(1). 
‘‘(e) CONSTRUCTION.—This subtitle shall not affect 
the authority of the Secretary of Homeland Security under 
any other law (including section 274A(d)(4)) to conduct 
demonstration projects in relation to section 274A. 
‘‘SEC. 403. PROCEDURES FOR PARTICIPANTS IN E-VERIFY 
PROGRAMS. 
‘‘(a) ELECTRONIC EMPLOYMENT VERIFICATION SYS-
TEM.— 
‘‘(1) IN GENERAL.—The Secretary of Homeland 
Security, in cooperation with the Commissioner of 
Social Security, shall establish an electronic employ-
ment verification system (hereinafter in this subtitle 
referred to as the ‘system’), that shall be— 
‘‘(A) equipped with the capacity to deter-
mine whether— 
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‘‘(i) the identifying information (in-
cluding name, social security number, alien 
document number, and date of birth) sub-
mitted by an employer with respect to each 
employee subject to verification is con-
sistent with the records maintained by the 
Secretary of Homeland Security (solely 
with respect to aliens) and by the Commis-
sioner of Social Security (with respect to 
both nationals and aliens); and 
‘‘(ii) the employee is authorized to be 
employed by the employer and for what pe-
riod (which may be unlimited); and 
‘‘(B) used only to verify newly hired em-
ployees or current employees whose employment 
authorization has expired or employees as to 
whom Commissioner of Social Security has no-
tified the employer in writing that the employ-
ee’s name and corresponding social security ac-
count number fail to match the Social Security 
Administration records or as to whom the De-
partment of Homeland Security has notified in 
writing that the employees immigration status 
or employment authorization document is as-
signed to another person or that there is no 
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agency record that the document has been as-
signed to any person. 
‘‘(b) BASIC E-VERIFY PROGRAM.—A person or other 
entity that elects to participate in the basic E-Verify pro-
gram described in this subsection shall register in the sys-
tem and agrees to conform to the following procedures in 
the case of the hiring (or recruitment or referral) for em-
ployment in the United States of each individual covered 
by the election: 
‘‘(1) VERIFICATION OF EMPLOYMENT AUTHOR-
IZATION.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security shall, through the system— 
‘‘(i) respond to each inquiry made by 
a registered employer through the Internet 
or other electronic media, or over a toll- 
free telephone line, regarding an individ-
ual’s identity and eligibility for employ-
ment in the United States; and 
‘‘(ii) maintain a record of each such 
inquiry and the information provided in re-
sponse to such inquiry. 
‘‘(B) VERIFICATION BY EMPLOYER.— 
‘‘(i) 
INFORMATION
REQUIRED.—A 
registered employer shall, with respect to 
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the hiring, or recruiting or referring for a 
fee, of any individual for employment in 
the United States, obtain from the indi-
vidual— 
‘‘(I) the individual’s name and 
date of birth and, if the individual 
was born in the United States, the 
State in which such individual was 
born; 
‘‘(II) the individual’s social secu-
rity account number; and 
‘‘(III) in the case of an individual 
who does not claim to be a national of 
the United States, such alien identi-
fication or authorization number that 
the Secretary of Homeland Security 
shall require. 
‘‘(ii) DOCUMENTS
REQUIRED.—The 
employer shall require that the individual 
produce one of the following documents 
consistent with the status claimed by the 
individual and bearing identifying informa-
tion consistent with that obtained from the 
individual— 
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‘‘(I) in the case of an individual 
who is a national of the United 
States, a United States passport or 
driver’s license or identity card issued 
by a State, the Commonwealth of the 
Northern Mariana Islands or an out-
lying possession of the United States; 
‘‘(II) in the case of an alien law-
fully admitted for permanent resi-
dence in the United States, a perma-
nent resident card, as specified by the 
Secretary of Homeland Security; 
‘‘(III) in the case of an alien who 
is authorized under this Act or by the 
Secretary of Homeland Security to be 
employed in the United States, an em-
ployment authorization card, issued 
by the Secretary of Homeland Secu-
rity that contains a photograph of the 
individual or other identifying infor-
mation, including name, date of birth, 
gender, and address and contains se-
curity features to make the document 
resistant to tampering, counterfeiting, 
and fraudulent use; and 
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‘‘(IV) in the case of an individual 
who is unable to obtain a document 
described in subclause (I), (II), or 
(III), a document designated by the 
Secretary of Homeland Security that 
contains a photograph of the indi-
vidual or other identifying informa-
tion, including name, date of birth, 
gender, and address and contains se-
curity features to make the document 
resistant to tampering, counterfeiting, 
and fraudulent use. 
‘‘(iii) ATTESTATION.—The employer 
shall attest, under penalty of perjury and 
on a form or through an electronic mecha-
nism or telephonic connection prescribed 
by the Secretary of Homeland Security, 
that the employer has obtained information 
required by clause (i) and examined a con-
sistent document required by clause (ii), 
using an electronic signature or telephonic 
identification code approved by the Sec-
retary of Homeland Security. 
‘‘(iv) SUBMISSION
TO
SYSTEM.—A 
registered employer shall submit an inquiry 
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ployment of the individual in the United 
States. 
‘‘(ii) REDRESS
PROCEDURE.—If an 
employer receives an initial disapproval 
from the system for an employee, the em-
ployer shall inform such employee of the 
issuance of such notice in writing on a 
form prescribed by the Secretary of Home-
land Security not later than 3 days after 
receiving such notice. Such individual shall 
acknowledge receipt of such notice in writ-
ing on a form as prescribed by the Sec-
retary of Homeland Security. 
‘‘(iii) NO CONTEST.—If the individual 
does not contest the initial disapproval no-
tice not later than 5 days after receiving 
notice from the individual’s employer the 
Secretary of Homeland Security shall no-
tify the employer and disapproval shall be-
come final and the employer shall record 
on the system the appropriate code to indi-
cate the individual did not contest the ini-
tial disapproval. An individual’s failure to 
contest an initial disapproval shall not be 
considered an admission of any fact with 
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respect to any violation of this Act or any 
other provision of law. 
‘‘(iv) CONTEST.—If the individual 
contests the initial disapproval, the indi-
vidual shall submit appropriate information 
to contest such notice under the proce-
dures established by the Secretary of 
Homeland Security not later than 5 days 
after receiving the notice from the individ-
ual’s employer. 
‘‘(v) 
PROHIBITION
ON
TERMI-
NATION.—An employer may not terminate 
the employment of an individual based on 
the initial disapproval if the employee con-
tests the disapproval and until the em-
ployee is given an opportunity to resolve 
any discrepancy with the relevant govern-
ment agency responsible for maintaining 
the information in question. Nothing in 
this clause shall be interpreted as requiring 
an employer to dismiss an employee while 
the inquiry regarding the employee’s eligi-
bility for employment in the United States 
is pending with a governmental agency. 
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‘‘(vi) DISAPPROVAL.—The Secretary 
of Homeland Security shall promptly re-
solve an individual’s contest of the initial 
disapproval and issue either an approval or 
disapproval. If a disapproval is issued, the 
Secretary of Homeland Security shall give 
notice to the employer through the system 
and the employer shall terminate the em-
ployment, recruitment, or referral of the 
individual. 
‘‘(vii) 
EMPLOYMENT
AFTER
DIS-
APPROVAL.—If the employer continues to 
employ, recruit, or refer the individual 
after receiving final disapproval, a rebut-
table presumption is created that the em-
ployer has violated sections 274A(a)(1)(A) 
and 274A(a)(2), except that such presump-
tion shall not apply to a prosecution under 
section 274A(f)(1). 
‘‘(viii) 
INFORMATION
ON
DIS-
APPROVED
EMPLOYEES.—Such employer 
shall provide to the Secretary of Homeland 
Security any information relating to a dis-
approved employee that the Secretary of 
Homeland Security determines would as-
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sist the Secretary of Homeland Security in 
enforcing or administering the immigration 
laws. 
‘‘(D) ADMINISTRATIVE
REVIEW
OF
DIS-
APPROVALS.— 
‘‘(i) IN GENERAL.—An individual who 
is terminated from employment pursuant 
to subparagraph (C)(vi) may, not later 
than 60 days after the date of such termi-
nation, file an appeal of the disapproval 
notice resulting in such termination. 
‘‘(ii) PROCEDURES.—The Secretary of 
Homeland Security and Commissioner of 
Social Security shall develop procedures to 
review appeals filed under clause (i) and to 
make final determinations on such appeals. 
‘‘(iii) REVIEW
FOR
ERRORS.—If a 
final determination on an appeal filed 
under clause (i) results in approval of an 
individual’s eligibility to work in the 
United States, the administrative review 
process shall require the Secretary of 
Homeland Security to determine if the 
final disapproval notice issued for the indi-
vidual was the result of— 
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‘‘(I) an error or negligence on the 
part of an employee or official oper-
ating or responsible for the system; 
‘‘(II) the rules, processes, or pro-
cedures utilized by the system; or 
‘‘(III) erroneous system informa-
tion that was not the result of acts or 
omissions of the individual. 
‘‘(iv) COMPENSATION FOR ERROR.— 
‘‘(I) IN
GENERAL.—If the Sec-
retary of Homeland Security makes a 
determination under this subpara-
graph that the final disapproval notice 
issued for an individual was not 
caused by an act or omission of the 
individual, the Secretary of Homeland 
Security shall compensate the indi-
vidual for lost wages. 
‘‘(II) CALCULATION
OF
LOST 
WAGES.—Lost wages shall be cal-
culated based on the wage rate and 
work schedule that prevailed prior to 
termination. The individual shall be 
compensated for wages lost beginning 
on the first scheduled work day after 
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employment was terminated and end-
ing 180 days after completion of the 
administrative 
review 
process 
de-
scribed in this subparagraph or the 
day after the individual is reinstated 
or obtains employment elsewhere, 
whichever occurs first. 
‘‘(III) 
LIMITATION
ON
COM-
PENSATION.—For purposes of deter-
mining an individual’s compensation 
for the loss of employment, such com-
pensation shall be reduced by any 
compensation earned from any em-
ployment during such period and shall 
not include any period in which the 
individual as ineligible for employment 
in the United States. 
‘‘(E) 
JUDICIAL
REVIEW
OF
DIS-
APPROVALS.— 
‘‘(i) IN
GENERAL.—After the Sec-
retary of Homeland Security makes a final 
determination on an appeal filed by an in-
dividual under the administrative review 
process described in subparagraph (D), the 
individual may obtain judicial review of 
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such determination by a civil action com-
menced not later than 60 days after the 
date of such decision, or such further time 
as the Secretary of Homeland Security 
may allow. 
‘‘(ii) JURISDICTION.—A civil action 
for such judicial review shall be brought in 
the district court of the United States for 
the judicial district in which the plaintiff 
resides, or has a principal place of busi-
ness, or, if the plaintiff does not reside or 
have a principal place of business within 
any such judicial district, in the District 
Court of the United States for the District 
of Columbia. 
‘‘(iii) ANSWER.—As part of the Sec-
retary of Homeland Security’s answer to a 
complaint for such judicial review, the Sec-
retary of Homeland Security shall file a 
certified copy of the administrative record 
compiled during the administrative review 
under subparagraph (C), including the evi-
dence received during such review. The 
court shall have power to enter, upon the 
pleading and administrative record, a judg-
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