476 
the United States, including the development of 
educational materials for such aliens; 
‘‘(B) provide general leadership, consulta-
tion, and coordination of the immigrant integra-
tion programs across the Federal Government 
and with State and local entities; 
‘‘(C) in coordination with the Task Force 
on New Americans established under section 
2521 of the Border Security, Economic Oppor-
tunity, and Immigration Modernization Act— 
‘‘(i) advise the Director of U.S. Citi-
zenship and Immigration Services, the Sec-
retary of Homeland Security, and the Do-
mestic Policy Council, on— 
‘‘(I) the challenges and opportu-
nities relating to the linguistic, eco-
nomic, and civic integration of immi-
grants and their young children and 
progress in meeting integration goals 
and indicators; and 
‘‘(II) immigrant integration con-
siderations relating to Federal budg-
ets; 
‘‘(ii) establish national goals for intro-
ducing new immigrants into the United 
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477 
States and measure the degree to which 
such goals are met; 
‘‘(iii) evaluate the scale, quality, and 
effectiveness of Federal Government efforts 
in immigrant integration and provide ad-
vice on appropriate actions; and 
‘‘(iv) identify the integration implica-
tions of new or proposed immigration poli-
cies and provide recommendations for ad-
dressing such implications; 
‘‘(D) serve as a liaison and intermediary 
with State and local governments and other en-
tities to assist in establishing local goals, task 
forces, and councils to assist in— 
‘‘(i) introducing immigrants into the 
United States; and 
‘‘(ii) promoting citizenship education 
and awareness among aliens interested in 
becoming naturalized citizens of the United 
States; 
‘‘(E) coordinate with other Federal agen-
cies to provide information to State and local 
governments on the demand for existing Fed-
eral and State English education programs and 
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478 
best practices for immigrants who recently ar-
rived in the United States; 
‘‘(F) assist States in coordinating the ac-
tivities of the grant programs authorized under 
sections 2537 and 2538 of the Border Security, 
Economic Opportunity, and Immigration Mod-
ernization Act; 
‘‘(G) submit a biennial report to the appro-
priate congressional committees that describes 
the activities of the Office of Citizenship and 
New Americans; and 
‘‘(H) carry out such other functions and 
activities as Secretary may assign.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
subsections (a) and (b) shall take effect on the date that 
is 1 year after the date of the enactment of this Act. 
Subchapter B—Task Force on New 
Americans 
SEC. 2521. ESTABLISHMENT. 
(a) IN GENERAL.—The Secretary shall establish a 
Task Force on New Americans. 
(b) FULLY FUNCTIONAL.—The Task Force shall be 
fully functional not later than 18 months after the date 
of the enactment of this Act. 
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SEC. 2522. PURPOSE. 
The purposes of the Task Force are— 
(1) to establish a coordinated Federal program 
and policy response to immigrant integration issues; 
and 
(2) to advise and assist the Federal Govern-
ment in identifying and fostering policies to carry 
out the policies and goals established under this 
chapter. 
SEC. 2523. MEMBERSHIP. 
(a) IN GENERAL.—The Task Force shall be com-
prised of— 
(1) the Secretary, who shall serve as Chair of 
the Task Force; 
(2) the Secretary of the Treasury; 
(3) the Attorney General; 
(4) the Secretary of Commerce; 
(5) the Secretary of Labor; 
(6) the Secretary of Health and Human Serv-
ices; 
(7) the Secretary of Housing and Urban Devel-
opment; 
(8) the Secretary of Transportation; 
(9) the Secretary of Education; 
(10) the Director of the Office of Management 
and Budget; 
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480 
(11) the Administrator of the Small Business 
Administration; 
(12) the Director of the Domestic Policy Coun-
cil; 
(13) the Director of the National Economic 
Council; and 
(14) the National Security Advisor. 
(b) DELEGATION.—A member of the Task Force may 
delegate a senior official, at the Assistant Secretary, Dep-
uty Administrator, Deputy Director, or Assistant Attorney 
General level, to perform the functions of a Task Force 
member described in section 2524. 
SEC. 2524. FUNCTIONS. 
(a) MEETINGS; FUNCTIONS.—The Task Force 
shall— 
(1) meet at the call of the Chair; and 
(2) perform such functions as the Secretary 
may prescribe. 
(b) COORDINATED RESPONSE.—The Task Force 
shall work with executive branch agencies— 
(1) to provide a coordinated Federal response 
to issues that impact the lives of new immigrants 
and receiving communities, including— 
(A) access to youth and adult education 
programming; 
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481 
(B) workforce training; 
(C) health care policy; 
(D) access to naturalization; and 
(E) community development challenges; 
and 
(2) to ensure that Federal programs and poli-
cies adequately address such impacts. 
(c) LIAISONS.—Members of the Task Force shall 
serve as liaisons to their respective agencies to ensure the 
quality and timeliness of their agency’s participation in ac-
tivities of the Task Force, including— 
(1) creating integration goals and indicators; 
(2) implementing the biannual consultation 
process with the agency’s State and local counter-
parts; and 
(3) reporting on agency data collection, policy, 
and program efforts relating to achieving the goals 
and indicators referred to in paragraph (1). 
(d) RECOMMENDATIONS.—Not later than 18 months 
after the end of the period specified in section 2521(b), 
the Task Force shall— 
(1) provide recommendations to the Domestic 
Policy Council and the Secretary on the effects of 
pending legislation and executive branch policy pro-
posals; 
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(2) suggest changes to Federal programs or 
policies to address issues of special importance to 
new immigrants and receiving communities; 
(3) review and recommend changes to policies 
that have a distinct impact on new immigrants and 
receiving communities; and 
(4) assist in the development of legislative and 
policy proposals of special importance to new immi-
grants and receiving communities. 
CHAPTER 2—PUBLIC-PRIVATE 
PARTNERSHIP 
SEC. 2531. ESTABLISHMENT OF UNITED STATES CITIZEN-
SHIP FOUNDATION. 
The Secretary, acting through the Director of U.S. 
Citizenship and Immigration Services, is authorized to es-
tablish a nonprofit corporation or a not-for-profit, public 
benefit, or similar entity, which shall be known as the 
‘‘United States Citizenship Foundation’’. 
SEC. 2532. FUNDING. 
(a) GIFTS TO FOUNDATION.—In order to carry out 
the purposes set forth in section 2533, the Foundation 
may— 
(1) solicit, accept, and make gifts of money and 
other property in accordance with section 501(c)(3) 
of the Internal Revenue Code of 1986; 
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483 
(2) engage in coordinated work with the De-
partment, including the Office and U.S. Citizenship 
and Immigration Services; and 
(3) accept, hold, administer, invest, and spend 
any gift, devise, or bequest of real or personal prop-
erty made to the Foundation. 
(b) GIFTS TO OFFICE OF CITIZENSHIP AND NEW 
AMERICANS.—The Office may accept gifts from the Foun-
dation to support the functions of the Office. 
SEC. 2533. PURPOSES. 
The purposes of the Foundation are— 
(1) to expand citizenship preparation programs 
for lawful permanent residents; 
(2) to provide direct assistance for aliens seek-
ing provisional immigrant status, legal permanent 
resident status, or naturalization as a United States 
citizen; and 
(3) to coordinate immigrant integration with 
State and local entities. 
SEC. 2534. AUTHORIZED ACTIVITIES. 
The Foundation shall carry out its purpose by— 
(1) making United States citizenship instruc-
tion and naturalization application services acces-
sible to low-income and other underserved lawful 
permanent resident populations; 
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484 
(2) developing, identifying, and sharing best 
practices in United States citizenship preparation; 
(3) supporting innovative and creative solutions 
to barriers faced by those seeking naturalization; 
(4) increasing the use of, and access to, tech-
nology in United States citizenship preparation pro-
grams; 
(5) engaging receiving communities in the 
United States citizenship and civic integration proc-
ess; 
(6) administering the New Citizens Award Pro-
gram to recognize, in each calendar year, not more 
than 10 United States citizens who— 
(A) have made outstanding contributions 
to the United States; and 
(B) have been naturalized during the 10- 
year period ending on the date of such recogni-
tion; 
(7) fostering public education and awareness; 
(8) coordinating its immigrant integration ef-
forts with the Office; 
(9) awarding grants to eligible public or private 
nonprofit organizations under section 2537; and 
(10) awarding grants to State and local govern-
ments under section 2538. 
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485 
SEC. 2535. COUNCIL OF DIRECTORS. 
(a) MEMBERS.—To the extent consistent with section 
501(c)(3) of the Internal Revenue Code of 1986, the 
Foundation shall have a Council of Directors, which shall 
be comprised of— 
(1) the Director of U.S. Citizenship and Immi-
gration Services; 
(2) the Chief of the Office of Citizenship and 
New Americans; and 
(3) 10 directors, appointed by the ex-officio di-
rectors designated in paragraphs (1) and (2), from 
national community-based organizations that pro-
mote and assist permanent residents with natu-
ralization. 
(b) APPOINTMENT OF EXECUTIVE DIRECTOR.—The 
USCF Council shall appoint an Executive Director, who 
shall oversee the day-to-day operations of the Foundation. 
SEC. 2536. POWERS. 
The Executive Director is authorized to carry out the 
purposes set forth in section 2533 on behalf of the Foun-
dation by— 
(1) accepting, holding, administering, investing, 
and spending any gift, devise, or bequest of real or 
personal property made to the Foundation; 
(2) entering into contracts and other financial 
assistance agreements with individuals, public or pri-
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486 
vate organizations, professional societies, and gov-
ernment agencies to carry out the functions of the 
Foundation; 
(3) entering into such other contracts, leases, 
cooperative agreements, and other transactions as 
the Executive Director considers appropriate to 
carry out the activities of the Foundation; and 
(4) charging such fees for professional services 
furnished by the Foundation as the Executive Direc-
tor determines reasonable and appropriate. 
SEC. 2537. INITIAL ENTRY, ADJUSTMENT, AND CITIZENSHIP 
ASSISTANCE GRANT PROGRAM. 
(a) AUTHORIZATION.—The Secretary, acting through 
the Director of U.S. Citizenship and Immigration Serv-
ices, may award Initial Entry, Adjustment, and Citizen-
ship Assistance grants to eligible public or private, non-
profit organizations. 
(b) USE OF GRANT FUNDS.—IEACA grants shall be 
used for the design and implementation of programs that 
provide direct assistance, within the scope of the author-
ized practice of immigration law— 
(1) to aliens who are preparing an initial appli-
cation for registered provisional immigrant status 
under section 245B of the Immigration and Nation-
ality Act and to aliens who are preparing an initial 
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487 
application for blue card status under section 2211, 
including assisting applicants in— 
(A) screening to assess prospective appli-
cants’ potential eligibility or lack of eligibility; 
(B) completing applications; 
(C) gathering proof of identification, em-
ployment, residence, and tax payment; 
(D) gathering proof of relationships of eli-
gible family members; 
(E) applying for any waivers for which ap-
plicants and qualifying family members may be 
eligible; and 
(F) any other assistance that the Secretary 
or grantee considers useful to aliens who are in-
terested in applying for registered provisional 
immigrant status; 
(2) to aliens seeking to adjust their status 
under section 245, 245B, 245C, or 245F of the Im-
migration and Nationality Act; 
(3) to legal permanent residents seeking to be-
come naturalized United States citizens; and 
(4) to applicants on— 
(A) the rights and responsibilities of 
United States citizenship; 
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(B) civics-based English as a second lan-
guage; 
(C) civics, with a special emphasis on com-
mon values and traditions of Americans, includ-
ing an understanding of the history of the 
United States and the principles of the Con-
stitution; and 
(D) applying for United States citizenship. 
SEC. 2538. PILOT PROGRAM TO PROMOTE IMMIGRANT IN-
TEGRATION AT STATE AND LOCAL LEVELS. 
(a) GRANTS AUTHORIZED.—The Chief shall establish 
a pilot program through which the Chief may award 
grants, on a competitive basis, to States and local govern-
ments or other qualifying entities, in collaboration with 
State and local governments— 
(1) to establish New Immigrant Councils to 
carry out programs to integrate new immigrants; or 
(2) to carry out programs to integrate new im-
migrants. 
(b) APPLICATION.—A State or local government de-
siring a grant under this section shall submit an applica-
tion to the Chief at such time, in such manner, and con-
taining such information as the Chief may reasonably re-
quire, including— 
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(1) a proposal to meet an objective or combina-
tion of objectives set forth in subsection (d)(3); 
(2) the number of new immigrants in the appli-
cant’s jurisdiction; and 
(3) a description of the challenges in intro-
ducing and integrating new immigrants into the 
State or local community. 
(c) PRIORITY.—In awarding grants under this sec-
tion, the Chief shall give priority to States and local gov-
ernments or other qualifying entities that— 
(1) use matching funds from non-Federal 
sources, which may include in-kind contributions; 
(2) demonstrate collaboration with public and 
private entities to achieve the goals of the com-
prehensive plan developed pursuant to subsection 
(d)(3); 
(3) are 1 of the 10 States with the highest rate 
of foreign-born residents; or 
(4) have experienced a large increase in the 
population of immigrants during the most recent 10- 
year period relative to past migration patterns, 
based on data compiled by the Office of Immigration 
Statistics or the United States Census Bureau. 
(d) AUTHORIZED ACTIVITIES.—A grant awarded 
under this subsection may be used— 
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490 
(1) to form a New Immigrant Council, which 
shall— 
(A) consist of between 15 and 19 individ-
uals, inclusive, from the State, local govern-
ment, or qualifying organization; 
(B) include, to the extent practicable, rep-
resentatives from— 
(i) business; 
(ii) faith-based organizations; 
(iii) civic organizations; 
(iv) philanthropic organizations; 
(v) nonprofit organizations, including 
those with legal and advocacy experience 
working with immigrant communities; 
(vi) key education stakeholders, such 
as State educational agencies, local edu-
cational agencies, community colleges, and 
teachers; 
(vii) State adult education offices; 
(viii) State or local public libraries; 
and 
(ix) State or local governments; and 
(C) meet not less frequently than once 
each quarter; 
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491 
(2) to provide subgrants to local communities, 
city governments, municipalities, nonprofit organiza-
tions (including veterans’ and patriotic organiza-
tions), or other qualifying entities; 
(3) to develop, implement, expand, or enhance 
a comprehensive plan to introduce and integrate new 
immigrants into the State by— 
(A) improving English language skills; 
(B) engaging caretakers with limited 
English proficiency in their child’s education 
through interactive parent and child literacy ac-
tivities; 
(C) improving and expanding access to 
workforce training programs; 
(D) teaching United States history, civics 
education, citizenship rights, and responsibil-
ities; 
(E) promoting an understanding of the 
form of government and history of the United 
States and the principles of the Constitution; 
(F) improving financial literacy; and 
(G) focusing on other key areas of impor-
tance to integration in our society; and 
(4) to engage receiving communities in the citi-
zenship and civic integration process by— 
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492 
(A) increasing local service capacity; 
(B) building meaningful connections be-
tween newer immigrants and long-time resi-
dents; 
(C) communicating the contributions of re-
ceiving communities and new immigrants; and 
(D) engaging leaders from all sectors of 
the community. 
(e) REPORTING AND EVALUATION.— 
(1) ANNUAL
REPORT.—Each grant recipient 
shall submit an annual report to the Office that de-
scribes— 
(A) the activities undertaken by the grant 
recipient, including how such activities meet the 
goals of the Office, the Foundation, and the 
comprehensive plan described in subsection 
(d)(3); 
(B) the geographic areas being served; 
(C) the number of immigrants in such 
areas; and 
(D) the primary languages spoken in such 
areas. 
(2) ANNUAL
EVALUATION.—The Chief shall 
conduct an annual evaluation of the grant program 
established under this section— 
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493 
(A) to assess and improve the effectiveness 
of such grant program; 
(B) to assess the future needs of immi-
grants and of State and local governments re-
lated to immigrants; and 
(C) to ensure that grantees recipients and 
subgrantees are acting within the scope and 
purpose of this subchapter. 
SEC. 2539. NATURALIZATION CEREMONIES. 
(a) IN GENERAL.—The Chief, in consultation with 
the Director of the National Park Service, the Archivist 
of the United States, and other appropriate Federal offi-
cials, shall develop and implement a strategy to enhance 
the public awareness of naturalization ceremonies. 
(b) VENUES.—In developing the strategy under sub-
section (a), the Secretary shall consider the use of out-
standing and historic locations as venues for select natu-
ralization ceremonies. 
(c) REPORTING REQUIREMENT.—The Secretary shall 
annually submit a report to Congress that contains— 
(1) the content of the strategy developed under 
subsection (a); and 
(2) the progress made towards the implementa-
tion of such strategy. 
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494 
CHAPTER 3—FUNDING 
SEC. 2541. AUTHORIZATION OF APPROPRIATIONS. 
(a) OFFICE
OF CITIZENSHIP
AND NEW AMERI-
CANS.—In addition to any amounts otherwise made avail-
able to the Office, there are authorized to be appropriated 
to carry out the functions described in section 451(f)(2) 
of the Homeland Security Act of 2002 (6 U.S.C. 
271(f)(2)), as amended by section 2511(b)— 
(1) $10,000,000 for the 5-year period ending 
on September 30, 2018; and 
(2) such sums as may be necessary for fiscal 
year 2019 and subsequent fiscal years. 
(b) GRANT PROGRAMS.—There are authorized to be 
appropriated to implement the grant programs authorized 
under sections 2537 and 2538, and to implement the 
strategy under section 2539— 
(1) $100,000,000 for the 5-year period ending 
on September 30, 2018; and 
(2) such sums as may be necessary for fiscal 
year 2019 and subsequent fiscal years. 
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495 
CHAPTER 4—REDUCE BARRIERS TO 
NATURALIZATION 
SEC. 2551. WAIVER OF ENGLISH REQUIREMENT FOR SEN-
IOR NEW AMERICANS. 
Section 312 (8 U.S.C. 1423) is amended by striking 
subsection (b) and inserting the following: 
‘‘(b) The requirements under subsection (a) shall not 
apply to any person who— 
‘‘(1) is unable to comply with such require-
ments because of physical or mental disability, in-
cluding developmental or intellectual disability; or 
‘‘(2) on the date on which the person’s applica-
tion for naturalization is filed under section 334— 
‘‘(A) is older than 65 years of age; and 
‘‘(B) has been living in the United States 
for periods totaling at least 5 years after being 
lawfully admitted for permanent residence. 
‘‘(c) The requirement under subsection (a)(1) shall 
not apply to any person who, on the date on which the 
person’s application for naturalization is filed under sec-
tion 334— 
‘‘(1) is older than 50 years of age and has been 
living in the United States for periods totaling at 
least 20 years after being lawfully admitted for per-
manent residence; 
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496 
‘‘(2) is older than 55 years of age and has been 
living in the United States for periods totaling at 
least 15 years after being lawfully admitted for per-
manent residence; or 
‘‘(3) is older than 60 years of age and has been 
living in the United States for periods totaling at 
least 10 years after being lawfully admitted for per-
manent residence. 
‘‘(d) The Secretary of Homeland Security may waive, 
on a case-by-case basis, the requirement under subsection 
(a)(2) on behalf of any person who, on the date on which 
the person’s application for naturalization is filed under 
section 334— 
‘‘(1) is older than 60 years of age; and 
‘‘(2) has been living in the United States for 
periods totaling at least 10 years after being lawfully 
admitted for permanent residence.’’. 
SEC. 2552. FILING OF APPLICATIONS NOT REQUIRING REG-
ULAR INTERNET ACCESS. 
(a) ELECTRONIC FILING NOT REQUIRED.— 
(1) IN GENERAL.—The Secretary may not re-
quire that an applicant or petitioner for permanent 
residence or citizenship of the United States use an 
electronic method to file any application, or access to 
a customer account. 
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497 
(2) SUNSET DATE.—This subsection shall cease 
to be effective on October 1, 2020. 
(b) NOTIFICATION REQUIREMENT.—Beginning on 
October 1, 2020, the Secretary may not require that an 
applicant or petitioner for permanent residence or citizen-
ship of the United States use an electronic method to file 
any application or access to a customer account unless the 
Secretary notifies the Committee on the Judiciary of the 
Senate and the Committee on the Judiciary of the House 
of Representatives of such requirement not later than 30 
days before the effective date of such requirement. 
SEC. 2553. PERMISSIBLE USE OF ASSISTED HOUSING BY 
BATTERED IMMIGRANTS. 
Section 214 of the Housing and Community Develop-
ment Act of 1980 (42 U.S.C. 1436a) is amended— 
(1) in subsection (a)— 
(A) in paragraph (6), by striking ‘‘; or’’ 
and inserting a semicolon; 
(B) by redesignating paragraph (7) as 
paragraph (8); and 
(C) by inserting after paragraph (6) the 
following new paragraph: 
‘‘(7) a qualified alien described in section 
431(c) of the Personal Responsibility and Work Op-
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498 
portunity Reconciliation Act of 1996 (8 U.S.C. 
1641(c)); or’’; and 
(2) in subsection (c)— 
(A) in paragraph (1)(A), by striking 
‘‘paragraphs (1) through (6)’’ and inserting 
‘‘paragraphs (1) through (7)’’; and 
(B) in paragraph (2)(A), by inserting 
‘‘(other than a qualified alien described in sec-
tion 431(c) of the Personal Responsibility and 
Work Opportunity Reconciliation Act of 1996 
(8 U.S.C. 1641(c)))’’ after ‘‘any alien’’. 
SEC. 2554. UNITED STATES CITIZENSHIP FOR INTER-
NATIONALLY ADOPTED INDIVIDUALS. 
(a) AUTOMATIC CITIZENSHIP.—Section 104 of the 
Child Citizenship Act of 2000 (Public Law 106–395; 8 
U.S.C. 1431 note) is amended to read as follows: 
‘‘SEC. 104. APPLICABILITY. 
‘‘The amendments made by this title shall apply to 
any individual who satisfies the requirements under sec-
tion 320 or 322 of the Immigration and Nationality Act, 
regardless of the date on which such requirements were 
satisfied.’’. 
(b) MODIFICATION
OF PREADOPTION VISITATION 
REQUIREMENT.—Section 
101(b)(1)(F)(i) 
(8 
U.S.C. 
1101(b)(1)(F)(i)), as amended by section 2312, is further 
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amended by striking ‘‘at least twenty-five years of age, 
who personally saw and observed the child prior to or dur-
ing the adoption proceedings;’’ and inserting ‘‘who is at 
least 25 years of age, at least 1 of whom personally saw 
and observed the child before or during the adoption pro-
ceedings;’’. 
(c) AUTOMATIC CITIZENSHIP
FOR CHILDREN
OF 
UNITED
STATES
CITIZENS
WHO
ARE
PHYSICALLY 
PRESENT IN THE UNITED STATES.— 
(1) IN GENERAL.—Section 320(a)(3) (8 U.S.C. 
1431(a)(3)) is amended to read as follows: 
‘‘(3) The child is physically present in the 
United States in the legal custody of the citizen par-
ent pursuant to a lawful admission.’’. 
(2) APPLICABILITY TO INDIVIDUAL’S WHO NO 
LONGER
HAVE
LEGAL
STATUS.—Notwithstanding 
the lack of legal status or physical presence in the 
United States, a person shall be deemed to meet the 
requirements under section 320 of the Immigration 
and Nationality Act, as amended by paragraph (1), 
if the person— 
(A) was born outside of the United States; 
(B) was adopted by a United States citizen 
before the person reached 18 years of age; 
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(C) was legally admitted to the United 
States; and 
(D) would have qualified for automatic 
United States citizenship if the amendments 
made by paragraph (1) had been in effect at 
the time of such admission. 
(d) RETROACTIVE APPLICATION.—Section 320(b) (8 
U.S.C. 1431(b)) is amended by inserting ‘‘, regardless of 
the date on which the adoption was finalized’’ before the 
period at the end. 
(e) APPLICABILITY.—The amendments made by this 
section shall apply to any individual adopted by a citizen 
of the United States regardless of whether the adoption 
occurred prior to, on, or after the date of the enactment 
of the Child Citizenship Act of 2000. 
TITLE III—INTERIOR 
ENFORCEMENT 
Subtitle A—Employment 
Verification System 
SEC. 3101. UNLAWFUL EMPLOYMENT OF UNAUTHORIZED 
ALIENS. 
(a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 
is amended to read as follows: 
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‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. 
‘‘(a) MAKING
EMPLOYMENT
OF
UNAUTHORIZED 
ALIENS UNLAWFUL.— 
‘‘(1) IN GENERAL.—It is unlawful for an em-
ployer— 
‘‘(A) to hire, recruit, or refer for a fee an 
alien for employment in the United States 
knowing that the alien is an unauthorized alien 
with respect to such employment; or 
‘‘(B) to hire, recruit, or refer for a fee for 
employment in the United States an individual 
without complying with the requirements under 
subsections (c) and (d). 
‘‘(2) CONTINUING EMPLOYMENT.— 
‘‘(A) PROHIBITION
ON
CONTINUED
EM-
PLOYMENT OF UNAUTHORIZED ALIENS.—It is 
unlawful for an employer, after hiring an alien 
for employment, to continue to employ the alien 
in the United States knowing that the alien is 
(or has become) an unauthorized alien with re-
spect to such employment. 
‘‘(B) PROHIBITION ON CONSIDERATION OF 
PREVIOUS
UNAUTHORIZED
STATUS.—Nothing 
in this section may be construed to prohibit the 
employment of an individual who is authorized 
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for employment in the United States if such in-
dividual was previously an unauthorized alien. 
‘‘(3) USE OF LABOR THROUGH CONTRACT.— 
For purposes of this section, any employer that uses 
a contract, subcontract, or exchange to obtain the 
labor of an alien in the United States while knowing 
that the alien is an unauthorized alien with respect 
to performing such labor shall be considered to have 
hired the alien for employment in the United States 
in violation of paragraph (1)(A). 
‘‘(4) USE
OF
STATE
EMPLOYMENT
AGENCY 
DOCUMENTATION.—For purposes of paragraphs 
(1)(B), (5), and (6), an employer shall be deemed to 
have complied with the requirements under sub-
section (c) with respect to the hiring of an individual 
who was referred for such employment by a State 
employment agency (as defined by the Secretary) if 
the employer has and retains (for the period and in 
the manner described in subsection (c)(3)) appro-
priate documentation of such referral by such agen-
cy, certifying that such agency has complied with the 
procedures described in subsection (c) with respect 
to the individual’s referral. An employer that relies 
on a State agency’s certification of compliance with 
subsection (c) under this paragraph may utilize and 
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503 
retain the State agency’s certification of compliance 
with the procedures described in subsection (d), if 
any, in the manner provided under this paragraph. 
‘‘(5) GOOD FAITH DEFENSE.— 
‘‘(A) DEFENSE.—An employer, person, or 
entity that hires, employs, recruits, or refers in-
dividuals for employment in the United States, 
or is otherwise obligated to comply with the re-
quirements under this section and establishes 
good faith compliance with the requirements 
under paragraphs (1) through (4) of subsection 
(c) and subsection (d)— 
‘‘(i) has established an affirmative de-
fense that the employer, person, or entity 
has not violated paragraph (1)(A) with re-
spect to hiring and employing; and 
‘‘(ii) has established compliance with 
its obligations under subparagraph (A) and 
(B) of paragraph (1) and subsection (c) 
unless the Secretary demonstrates that the 
employer had knowledge that an individ-
uals hired, employed, recruited, or referred 
by the employer, person, or entity is an un-
authorized alien. 
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504 
‘‘(B) EXCEPTION FOR CERTAIN EMPLOY-
ERS.—An employer who is not required to par-
ticipate in the System or who is participating in 
the System on a voluntary basis pursuant to 
subsection (d)(2)(J) has established an affirma-
tive defense under subparagraph (A) and need 
not demonstrate compliance with the require-
ments under subsection (d). 
‘‘(6) GOOD FAITH COMPLIANCE.— 
‘‘(A) IN GENERAL.—Except as otherwise 
provided in this subsection, an employer, per-
son, or entity is considered to have complied 
with a requirement under this subsection not-
withstanding 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 minimis; 
‘‘(ii) the Secretary of Homeland Secu-
rity has explained to the employer, person, 
or entity the basis for the failure and why 
it is not de minimis; 
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‘‘(iii) the employer, person, or entity 
has been provided a period of not less than 
30 days (beginning after the date of the 
explanation) to correct the failure; and 
‘‘(iv) the employer, person, or entity 
has not corrected the failure voluntarily 
within such period. 
‘‘(C) EXCEPTION FOR PATTERN OR PRAC-
TICE VIOLATORS.—Subparagraph (A) shall not 
apply to an employer, person, or entity that has 
engaged or is engaging in a pattern or practice 
of violations of paragraph (1)(A) or (2). 
‘‘(7) PRESUMPTION.—After the date on which 
an employer is required to participate in the System 
under subsection (d), the employer is presumed to 
have acted with knowledge for purposes of para-
graph (1)(A) if the employer hires, employs, re-
cruits, or refers an employee for a fee and fails to 
make an inquiry to verify the employment authoriza-
tion status of the employee through the System. 
‘‘(8) CONTINUED APPLICATION OF WORKFORCE 
AND LABOR PROTECTION REMEDIES DESPITE UNAU-
THORIZED EMPLOYMENT.— 
‘‘(A) IN GENERAL.—Subject only to sub-
paragraph (B), all rights and remedies provided 
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506 
under any Federal, State, or local law relating 
to workplace rights, including but not limited to 
back pay, are available to an employee de-
spite— 
‘‘(i) the employee’s status as an unau-
thorized alien during or after the period of 
employment; or 
‘‘(ii) the employer’s or employee’s fail-
ure to comply with the requirements of 
this section. 
‘‘(B) 
REINSTATEMENT.—Reinstatement 
shall be available to individuals who— 
‘‘(i) are authorized to work in the 
United States at the time such relief is or-
dered or effectuated; or 
‘‘(ii) lost employment-authorized sta-
tus due to the unlawful acts of the em-
ployer under this section. 
‘‘(b) DEFINITIONS.—In this section: 
‘‘(1) 
COMMISSIONER.—The 
term 
‘Commis-
sioner’ means the Commissioner of Social Security. 
‘‘(2) DEPARTMENT.—Except as otherwise pro-
vided, the term ‘Department’ means the Department 
of Homeland Security. 
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507 
‘‘(3) EMPLOYER.—The term ‘employer’ means 
any person or entity, including an agency or depart-
ment of a Federal, State, or local government, an 
agent, or a System service provider acting on behalf 
of an employer, that hires, employs, recruits, or re-
fers for a fee an individual for employment in the 
United States that is not casual, sporadic, irregular, 
or intermittent (as defined by the Secretary). 
‘‘(4) EMPLOYMENT AUTHORIZED STATUS.—The 
term ‘employment authorized status’ means, with re-
spect to an individual, that the individual is author-
ized to be employed in the United States under the 
immigration laws of the United States. 
‘‘(5) SECRETARY.—Except as otherwise specifi-
cally provided, the term ‘Secretary’ means the Sec-
retary of Homeland Security. 
‘‘(6) SYSTEM.—The term ‘System’ means the 
Employment Verification System established under 
subsection (d). 
‘‘(7) UNAUTHORIZED ALIEN.—The term ‘unau-
thorized alien’ means an alien who, with respect to 
employment in the United States at a particular 
time— 
‘‘(A) is not lawfully admitted for perma-
nent residence; or 
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‘‘(B) is not authorized to be employed 
under this Act or by the Secretary. 
‘‘(8) WORKPLACE
RIGHTS.—The term ‘work-
place rights’ means rights guaranteed under Fed-
eral, State, or local labor or employment laws, in-
cluding laws concerning wages and hours, benefits 
and employment standards, labor relations, work-
place health and safety, work-related injuries, non-
discrimination, and retaliation for exercising rights 
under such laws. 
‘‘(c) DOCUMENT VERIFICATION REQUIREMENTS.— 
Any employer hiring an individual for employment in the 
United States shall comply with the following require-
ments and the requirements under subsection (d) to verify 
that the individual has employment authorized status. 
‘‘(1) ATTESTATION
AFTER
EXAMINATION
OF 
DOCUMENTATION.— 
‘‘(A) IN GENERAL.— 
‘‘(i) EXAMINATION BY EMPLOYER.— 
An employer shall attest, under penalty of 
perjury on a form prescribed by the Sec-
retary, that the employer has verified the 
identity and employment authorization sta-
tus of the individual— 
‘‘(I) by examining— 
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‘‘(aa) a document specified 
in subparagraph (C); or 
‘‘(bb) a document specified 
in subparagraph (D) and a docu-
ment specified in subparagraph 
(E); and 
‘‘(II) by utilizing an identity au-
thentication mechanism described in 
clause (iii) or (iv) of subparagraph 
(F). 
‘‘(ii) PUBLICATION OF DOCUMENTS.— 
The Secretary shall publish a picture of 
each document specified in subparagraphs 
(C) and (E) on the U.S. Citizenship and 
Immigration Services website. 
‘‘(B) REQUIREMENTS.— 
‘‘(i) FORM.—The form referred to in 
subparagraph (A)(i)— 
‘‘(I) shall be prescribed by the 
Secretary not later than 6 months 
after the date of the enactment of the 
Border Security, Economic Oppor-
tunity, and Immigration Moderniza-
tion Act; 
‘‘(II) shall be available as— 
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‘‘(aa) a paper form; 
‘‘(bb) a form that may be 
completed by an employer via 
telephone or video conference; 
‘‘(cc) an electronic form; or 
‘‘(dd) a form that is inte-
grated electronically with the re-
quirements under subsection (d). 
‘‘(ii) ATTESTATION.—Each such form 
shall require the employer to sign an attes-
tation with a handwritten, electronic, or 
digital pin code signature, according to 
standards prescribed by the Secretary. 
‘‘(iii) COMPLIANCE.—An employer has 
complied with the requirements under this 
paragraph with respect to examination of 
the documents included in subclauses (I) 
and (II) of subparagraph (A)(i) if— 
‘‘(I) the employer has, in good 
faith, followed applicable regulations 
and any written procedures or instruc-
tions provided by the Secretary; and 
‘‘(II) a reasonable person would 
conclude that the documentation is 
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genuine and relates to the individual 
presenting such documentation. 
‘‘(C) DOCUMENTS
ESTABLISHING
IDEN-
TITY
AND
EMPLOYMENT
AUTHORIZED
STA-
TUS.—A document is specified in this subpara-
graph if the document is unexpired (unless the 
validity of the document is extended by law) 
and is 1 of the following: 
‘‘(i) A United States passport or pass-
port card issued to an individual pursuant 
to the Secretary of State’s authority under 
the Act entitled ‘An Act to regulate the 
issue and validity of passports, and for 
other purposes’, approved July 3, 1926 (22 
U.S.C. 211a). 
‘‘(ii) A document issued to an alien 
evidencing that the alien is lawfully admit-
ted for permanent residence or another 
document issued to an individual evidenc-
ing the individual’s employment authorized 
status, as designated by the Secretary, if 
the document— 
‘‘(I) contains a photograph of the 
individual, or such other personal 
identifying information relating to the 
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individual as the Secretary deter-
mines, by regulation, to be sufficient 
for the purposes of this subparagraph; 
‘‘(II) is evidence of employment 
authorized status; and 
‘‘(III) contains security features 
to make the document resistant to 
tampering, counterfeiting, and fraudu-
lent use. 
‘‘(iii) An enhanced driver’s license or 
identification card issued to a national of 
the United States by a State, an outlying 
possession of the United States, or a feder-
ally recognized Indian tribe that— 
‘‘(I) 
meets 
the 
requirements 
under section 202 of the REAL ID 
Act of 2005 (division B of Public Law 
109–13; 49 U.S.C. 30301 note); and 
‘‘(II) the Secretary has certified 
by notice published in the Federal 
Register and through appropriate no-
tice directly to employers registered in 
the System 3 months prior to publica-
tion that such enhanced license or 
card is suitable for use under this 
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subparagraph based upon the accu-
racy and security of the issuance proc-
ess, security features on the docu-
ment, and such other factors as the 
Secretary may prescribe. 
‘‘(iv) A passport issued by the appro-
priate authority of a foreign country ac-
companied by a Form I–94 or Form I– 
94A (or similar successor record), or other 
documentation as designated by the Sec-
retary that specifies the individual’s status 
in the United States and the duration of 
such status if the proposed employment is 
not in conflict with any restriction or limi-
tation specified on such form or docu-
mentation. 
‘‘(v) A passport issued by the Fed-
erated States of Micronesia or the Repub-
lic of the Marshall Islands with evidence of 
nonimmigrant admission to the United 
States under the Compact of Free Associa-
tion between the United States and the 
Federated States of Micronesia or the Re-
public of the Marshall Islands. 
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‘‘(D) DOCUMENTS
ESTABLISHING
IDEN-
TITY OF INDIVIDUAL.—A document is specified 
in this subparagraph if the document is unex-
pired (unless the validity of the document is ex-
tended by law) and is 1 of the following: 
‘‘(i) A driver’s license or identity card 
that is not described in subparagraph 
(C)(iii) and is issued to an individual by a 
State or an outlying possession of the 
United States, a federally recognized In-
dian tribe, or an agency (including mili-
tary) of the Federal Government if the 
driver’s license or identity card includes, at 
a minimum— 
‘‘(I) the individual’s photograph, 
name, date of birth, gender, and driv-
er’s license or identification card num-
ber; and 
‘‘(II) security features to make 
the license or card resistant to tam-
pering, counterfeiting, and fraudulent 
use. 
‘‘(ii) A voter registration card. 
‘‘(iii) A document that complies with 
the requirements under section 7209(b)(1) 
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515 
of the Intelligence Reform and Terrorism 
Prevention Act of 2004 (Public Law 108– 
458; 8 U.S.C. 1185 note). 
‘‘(iv) For individuals under 18 years 
of age who are unable to present a docu-
ment listed in clause (i) or (ii), documenta-
tion of personal identity of such other type 
as the Secretary determines will provide a 
reliable means of identification, which may 
include an attestation as to the individual’s 
identity by a parent or legal guardian 
under penalty of perjury. 
‘‘(E) DOCUMENTS
EVIDENCING
EMPLOY-
MENT AUTHORIZATION.—A document is speci-
fied in this subparagraph if the document is un-
expired (unless the validity of the document is 
extended by law) and is 1 of the following: 
‘‘(i) A social security account number 
card issued by the Commissioner, other 
than a card which specifies on its face that 
the card is not valid to evidence employ-
ment authorized status or has other simi-
lar words of limitation. 
‘‘(ii) Any other documentation evi-
dencing employment authorized status that 
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the Secretary determines and publishes in 
the Federal Register and through appro-
priate notice directly to employers reg-
istered within the System to be acceptable 
for purposes of this subparagraph if such 
documentation, including any electronic se-
curity measures linked to such documenta-
tion, contains security features to make 
such documentation resistant to tam-
pering, counterfeiting, and fraudulent use. 
‘‘(F) IDENTITY AUTHENTICATION MECHA-
NISM.— 
‘‘(i) DEFINITIONS.—In this subpara-
graph: 
‘‘(I) COVERED
IDENTITY
DOCU-
MENT.—The term ‘covered identity 
document’ means a valid— 
‘‘(aa) United States pass-
port, passport card, or a docu-
ment evidencing lawful perma-
nent residence status or employ-
ment authorized status issued to 
an alien; 
‘‘(bb) enhanced driver’s li-
cense or identity card issued by a 
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517 
participating State or an outlying 
possession of the United States; 
or 
‘‘(cc) photograph and appro-
priate 
identifying 
information 
provided by the Secretary of 
State pursuant to the granting of 
a visa. 
‘‘(II) PARTICIPATING
STATE.— 
The term ‘participating State’ means 
a State that has an agreement with 
the Secretary to provide the Sec-
retary, 
for 
purposes 
of 
identity 
verification in the System, with photo-
graphs and appropriate identifying in-
formation maintained by the State. 
‘‘(ii) REQUIREMENT
FOR
IDENTITY 
AUTHENTICATION.—In 
addition 
to 
verifying the documents specified in sub-
paragraph (C), (D), or (E) and utilizing 
the System under subsection (d), each em-
ployer shall use an identity authentication 
mechanism described in clause (iii) or pro-
vided in clause (iv) after it becomes avail-
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518 
able to verify the identity of each indi-
vidual the employer seeks to hire. 
‘‘(iii) PHOTO TOOL.— 
‘‘(I) 
USE
REQUIREMENT.—An 
employer hiring an individual who has 
a covered identity document shall 
verify the identity of such individual 
using the photo tool described in sub-
clause (II). 
‘‘(II) DEVELOPMENT
REQUIRE-
MENT.—The Secretary shall develop 
and maintain a photo tool that en-
ables employers to match the photo on 
a covered identity document provided 
to the employer to a photo maintained 
by a U.S. Citizenship and Immigra-
tion Services database. 
‘‘(iv) ADDITIONAL
SECURITY
MEAS-
URES.— 
‘‘(I) 
USE
REQUIREMENT.—An 
employer seeking to hire an individual 
whose identity may not be verified 
using the photo tool described in 
clause (iii) shall verify the identity of 
such individual using the additional 
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519 
security measures described in sub-
clause (II). 
‘‘(II) DEVELOPMENT
REQUIRE-
MENT.—The Secretary shall develop, 
after publication in the Federal Reg-
ister and an opportunity for public 
comment, specific and effective addi-
tional security measures to adequately 
verify the identity of an individual 
whose identity may not be verified 
using the photo tool described in 
clause (iii). Such additional security 
measures— 
‘‘(aa) shall be kept up-to- 
date with technological advances; 
and 
‘‘(bb) shall provide a means 
of identity authentication in a 
manner that provides a high level 
of certainty as to the identity of 
such individual, using immigra-
tion and identifying information 
that may include review of iden-
tity documents or background 
screening verification techniques 
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520 
using publicly available informa-
tion. 
‘‘(G) AUTHORITY
TO
PROHIBIT
USE
OF 
CERTAIN DOCUMENTS.—If the Secretary deter-
mines, after publication in the Federal Register 
and an opportunity for public comment, that 
any document or class of documents specified in 
subparagraph (B), (C), or (D) does not reliably 
establish identity or that employment author-
ized status is being used fraudulently to an un-
acceptable degree, the Secretary— 
‘‘(i) may prohibit or restrict the use of 
such document or class of documents for 
purposes of this subsection; and 
‘‘(ii) shall directly notify all employers 
registered within the System of the prohi-
bition through appropriate means. 
‘‘(H) AUTHORITY TO ALLOW USE OF CER-
TAIN DOCUMENTS.—If the Secretary has deter-
mined that another document or class of docu-
ments, such as a document issued by a federally 
recognized Indian tribe, may be used to reliably 
establish identity or employment authorized sta-
tus, the Secretary— 
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521 
‘‘(i) may allow the use of that docu-
ment or class of documents for purposes of 
this subsection after publication in the 
Federal Register and an opportunity for 
public comment; 
‘‘(ii) shall publish a description of any 
such document or class of documents on 
the U.S. Citizenship and Immigration 
Services website; and 
‘‘(iii) shall directly notify all employ-
ers registered within the System of the ad-
dition through appropriate means. 
‘‘(2) INDIVIDUAL
ATTESTATION
OF
EMPLOY-
MENT AUTHORIZATION.—An individual, upon com-
mencing employment with an employer, shall— 
‘‘(A) attest, under penalty of perjury, on 
the form prescribed by the Secretary, that the 
individual is— 
‘‘(i) a citizen of the United States; 
‘‘(ii) an alien lawfully admitted for 
permanent residence; 
‘‘(iii) an alien who has employment 
authorized status; or 
‘‘(iv) otherwise authorized by the Sec-
retary to be hired for such employment; 
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‘‘(B) provide such attestation by a hand-
written, electronic, or digital pin code signature; 
and 
‘‘(C) provide the individual’s social security 
account number to the Secretary, unless the in-
dividual has not yet been issued such a number, 
on such form as the Secretary may require. 
‘‘(3) RETENTION OF VERIFICATION RECORD.— 
‘‘(A) IN
GENERAL.—After completing a 
form for an individual in accordance with para-
graphs (1) and (2), the employer shall retain a 
version of such completed form and make such 
form available for inspection by the Secretary 
or the Office of Special Counsel for Immigra-
tion-Related Unfair Employment Practices of 
the Department of Justice during the period be-
ginning on the hiring date of the individual and 
ending on the later of— 
‘‘(i) the date that is 3 years after such 
hiring date; or 
‘‘(ii) the date that is 1 year after the 
date on which the individual’s employment 
with the employer is terminated. 
‘‘(B) REQUIREMENT FOR ELECTRONIC RE-
TENTION.—The Secretary— 
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523 
‘‘(i) shall permit an employer to retain 
the form described in subparagraph (A) in 
electronic form; and 
‘‘(ii) shall permit an employer to re-
tain such form in paper, microfiche, micro-
film, portable document format, or other 
media. 
‘‘(4) COPYING OF DOCUMENTATION AND REC-
ORDKEEPING.—The Secretary may promulgate regu-
lations regarding— 
‘‘(A) copying documents and related infor-
mation pertaining to employment verification 
presented by an individual under this sub-
section; and 
‘‘(B) retaining such information during a 
period not to exceed the required retention pe-
riod set forth in paragraph (3). 
‘‘(5) PENALTIES.—An employer that fails to 
comply with any requirement under this subsection 
may be penalized under subsection (e)(4)(B). 
‘‘(6) PROTECTION OF CIVIL RIGHTS.— 
‘‘(A) IN GENERAL.—Nothing in this sec-
tion may be construed to diminish any rights 
otherwise protected by Federal law. 
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‘‘(B) PROHIBITION ON DISCRIMINATION.— 
An employer shall use the procedures for docu-
ment verification set forth in this paragraph for 
all employees without regard to race, color, reli-
gion, sex, national origin, or, unless specifically 
permitted in this section, to citizenship status. 
‘‘(7) RECEIPTS.—The Secretary may authorize 
the use of receipts for replacement documents, and 
temporary evidence of employment authorization by 
an individual to meet a documentation requirement 
under this subsection on a temporary basis not to 
exceed 1 year, after which time the individual shall 
provide documentation sufficient to satisfy the docu-
mentation requirements under this subsection. 
‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI-
FICATION CARDS.—Nothing in this section may be 
construed to directly or indirectly authorize the 
issuance, use, or establishment of a national identi-
fication card. 
‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— 
‘‘(1) IN GENERAL.— 
‘‘(A) ESTABLISHMENT.—The Secretary, in 
consultation with the Commissioner, shall es-
tablish the Employment Verification System. 
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525 
‘‘(B) MONITORING.—The Secretary shall 
create the necessary processes to monitor— 
‘‘(i) the functioning of the System, in-
cluding the volume of the workflow, the 
speed of processing of queries, the speed 
and accuracy of responses; 
‘‘(ii) the misuse of the System, includ-
ing the prevention of fraud or identity 
theft; 
‘‘(iii) whether the use of the System 
results in wrongful adverse actions or dis-
crimination based upon a prohibited factor 
against citizens or nationals of the United 
States or individuals who have employment 
authorized status; and 
‘‘(iv) the security, integrity, and pri-
vacy of the System. 
‘‘(C) PROCEDURES.—The Secretary— 
‘‘(i) shall create processes to provide 
an individual with direct access to the indi-
vidual’s case history in the System, includ-
ing— 
‘‘(I) the identities of all persons 
or entities that have queried the indi-
vidual through the System; 
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526 
‘‘(II) the date of each such 
query; and 
‘‘(III) the System response for 
each such query; and 
‘‘(ii) in consultation with the Commis-
sioner, shall develop— 
‘‘(I) protocols to notify an indi-
vidual, in a timely manner through 
the use of electronic correspondence 
or mail, that a query for the indi-
vidual has been processed through the 
System; or 
‘‘(II) a process for the individual 
to submit additional queries to the 
System or notify the Secretary of po-
tential identity fraud. 
‘‘(2) PARTICIPATION REQUIREMENTS.— 
‘‘(A) FEDERAL GOVERNMENT.—Except as 
provided in subparagraph (B), all agencies and 
departments in the executive, legislative, or ju-
dicial branches of the Federal Government shall 
participate in the System beginning on the ear-
lier of— 
‘‘(i) the date of the enactment of the 
Border Security, Economic Opportunity, 
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527 
and Immigration Modernization Act, to the 
extent required under section 402(e)(1) of 
the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (division 
C of Public Law 104–208; 8 U.S.C. 
1324a) and as already implemented by 
each agency or department; or 
‘‘(ii) the date that is 90 days after the 
date of the enactment of the Border Secu-
rity, Economic Opportunity, and Immigra-
tion Modernization Act. 
‘‘(B) FEDERAL
CONTRACTORS.—Federal 
contractors shall participate in the System as 
provided in the final rule relating to employ-
ment eligibility verification published in the 
Federal Register on November 14, 2008 (73 
Fed. Reg. 67,651), or any similar subsequent 
regulation, for which purpose references to E- 
Verify in the final rule shall be construed to 
apply to the System. 
‘‘(C) CRITICAL INFRASTRUCTURE.— 
‘‘(i) IN GENERAL.—Beginning on the 
date that is 1 year after the date on which 
regulations are published implementing 
this subsection, the Secretary may author-
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528 
ize or direct any employer, person, or enti-
ty responsible for granting access to, pro-
tecting, securing, operating, administering, 
or regulating part of the critical infrastruc-
ture (as defined in section 1016(e) of the 
Critical Infrastructure Protection Act of 
2001 (42 U.S.C. 5195c(e))) to participate 
in the System to the extent the Secretary 
determines that such participation will as-
sist in the protection of the critical infra-
structure. 
‘‘(ii) 
NOTIFICATION
TO
EMPLOY-
ERS.—The Secretary shall notify an em-
ployer required to participate in the Sys-
tem under this subparagraph not later 
than 90 days before the date on which the 
employer is required to participate. 
‘‘(D) EMPLOYERS WITH MORE THAN 5,000 
EMPLOYEES.—Not later than 2 years after reg-
ulations are published implementing this sub-
section, all employers with more than 5,000 em-
ployees shall participate in the System with re-
spect to all newly hired employees and employ-
ees with expiring temporary employment au-
thorization documents. 
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529 
‘‘(E) EMPLOYERS WITH MORE THAN 500 
EMPLOYEES.—Not later than 3 years after reg-
ulations are published implementing this sub-
section, all employers with more than 500 em-
ployees shall participate in the System with re-
spect to all newly hired employees and employ-
ees with expiring temporary employment au-
thorization documents. 
‘‘(F) AGRICULTURAL EMPLOYMENT.—Not 
later than 4 years after regulations are pub-
lished implementing this subsection, employers 
of employees performing agricultural employ-
ment (as defined in section 218A of this Act 
and section 2202 of the Border Security, Eco-
nomic Opportunity, and Immigration Mod-
ernization Act) shall participate in the System 
with respect to all newly hired employees and 
employees with expiring temporary employment 
authorization documents. An agricultural em-
ployee shall not be counted for purposes of sub-
paragraph (D) or (E). 
‘‘(G) ALL
EMPLOYERS.—Except as pro-
vided in subparagraph (H), not later than 4 
years after regulations are published imple-
menting this subsection, all employers shall par-
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530 
ticipate in the System with respect to all newly 
hired employees and employees with expiring 
temporary 
employment 
authorization 
docu-
ments. 
‘‘(H) 
TRIBAL
GOVERNMENT
EMPLOY-
ERS.— 
‘‘(i) 
RULEMAKING.—In 
developing 
regulations to implement this subsection, 
the Secretary shall— 
‘‘(I) consider the effects of this 
section on federally recognized Indian 
tribes and tribal members; and 
‘‘(II) consult with the govern-
ments of federally recognized Indian 
tribes. 
‘‘(ii) REQUIRED PARTICIPATION.—Not 
later than 5 years after regulations are 
published implementing this subsection, all 
employers owned by, or entities of, the gov-
ernment of a federally recognized Indian 
tribe shall participate in the System with 
respect to all newly hired employees and 
employees with expiring temporary employ-
ment authorization documents. 
‘‘(I) IMMIGRATION LAW VIOLATORS.— 
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531 
‘‘(i) ORDERS FINDING VIOLATIONS.— 
An order finding any employer to have vio-
lated this section or section 274C may, in 
the Secretary’s discretion, require the em-
ployer to participate in the System with re-
spect to newly hired employees and em-
ployees with expiring temporary employ-
ment authorization documents, if such em-
ployer is not otherwise required to partici-
pate in the System under this section. The 
Secretary shall monitor such employer’s 
compliance with System procedures. 
‘‘(ii) PATTERN OR PRACTICE OF VIO-
LATIONS.—The Secretary may require an 
employer that is required to participate in 
the System with respect to newly hired em-
ployees to participate in the System with 
respect to the employer’s current employ-
ees if the employer is determined by the 
Secretary or other appropriate authority to 
have engaged in a pattern or practice of 
violations of the immigration laws of the 
United States. 
‘‘(J) VOLUNTARY
PARTICIPATION.—The 
Secretary may permit any employer that is not 
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532 
required to participate in the System under this 
section to do so on a voluntary basis. 
‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI-
PATE.— 
‘‘(A) IN GENERAL.—Except as provided in 
subparagraph (B), the failure, other than a de 
minimis or inadvertent failure, of an employer 
that is required to participate in the System to 
comply with the requirements of the System 
with respect to an individual— 
‘‘(i) shall be treated as a violation of 
subsection (a)(1)(B) with respect to that 
individual; and 
‘‘(ii) creates a rebuttable presumption 
that the employer has violated paragraph 
(1)(A) or (2) of subsection (a). 
‘‘(B) EXCEPTION.— 
‘‘(i) IN GENERAL.—Subparagraph (A) 
shall not apply in a criminal prosecution. 
‘‘(ii) USE AS EVIDENCE.—Nothing in 
this paragraph may be construed to limit 
the use in the prosecution of a Federal 
crime, in a manner otherwise consistent 
with Federal criminal law and procedure, 
of evidence relating to the employer’s fail-
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533 
ure to comply with requirements of the 
System. 
‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE 
SYSTEM.— 
‘‘(A) IN GENERAL.—An employer partici-
pating in the System shall register such partici-
pation with the Secretary and, when hiring any 
individual for employment in the United States, 
shall comply with the following: 
‘‘(i) REGISTRATION OF EMPLOYERS.— 
The Secretary, through notice in the Fed-
eral Register, shall prescribe procedures 
that employers shall be required to follow 
to register with the System. 
‘‘(ii) UPDATING
INFORMATION.—The 
employer is responsible for providing notice 
of any change to the information required 
under subclauses (I), (II), and (III) of 
clause (v) before conducting any further 
inquiries within the System, or on such 
other schedule as the Secretary may pre-
scribe. 
‘‘(iii) TRAINING.—The Secretary shall 
require employers to undergo such training 
as the Secretary determines to be nec-
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534 
essary to ensure proper use, protection of 
civil rights and civil liberties, privacy, in-
tegrity, and security of the System. To the 
extent practicable, such training shall be 
made available electronically on the U.S. 
Citizenship 
and 
Immigration 
Services 
website. 
‘‘(iv) 
NOTIFICATION
TO
EMPLOY-
EES.—The employer shall inform individ-
uals hired for employment that the Sys-
tem— 
‘‘(I) will be used by the employer; 
‘‘(II) may be used for immigra-
tion enforcement purposes; and 
‘‘(III) may not be used to dis-
criminate or to take adverse action 
against a national of the United 
States or an alien who has employ-
ment authorized status. 
‘‘(v) PROVISION OF ADDITIONAL IN-
FORMATION.—The employer shall obtain 
from the individual (and the individual 
shall provide) and shall record in such 
manner as the Secretary may specify— 
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535 
‘‘(I) the individual’s social secu-
rity account number; 
‘‘(II) if the individual does not 
attest to United States citizenship or 
status as a national of the United 
States under subsection (c)(2), such 
identification or authorization number 
established by the Department as the 
Secretary shall specify; and 
‘‘(III) such other information as 
the Secretary may require to deter-
mine the identity and employment au-
thorization of an individual. 
‘‘(vi) PRESENTATION OF DOCUMENTA-
TION.—The employer, and the individual 
whose identity and employment authorized 
status are being confirmed, shall fulfill the 
requirements under subsection (c). 
‘‘(B) SEEKING CONFIRMATION.— 
‘‘(i) IN GENERAL.—An employer shall 
use the System to confirm the identity and 
employment authorized status of any indi-
vidual during— 
‘‘(I) the period beginning on the 
date on which the individual accepts 
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536 
an offer of employment and ending 3 
business days after the date on which 
employment begins; or 
‘‘(II) such other reasonable pe-
riod as the Secretary may prescribe. 
‘‘(ii) LIMITATION.—An employer may 
not make the starting date of an individ-
ual’s employment or training or any other 
term and condition of employment depend-
ent on the receipt of a confirmation of 
identity and employment authorized status 
by the System. 
‘‘(iii) REVERIFICATION.—If an indi-
vidual has a limited period of employment 
authorized status, the individual’s em-
ployer shall reverify such status through 
the System not later than 3 business days 
after the last day of such period. 
‘‘(iv) OTHER EMPLOYMENT.—For em-
ployers directed by the Secretary to par-
ticipate in the System under paragraph 
(2)(C)(i) to protect critical infrastructure 
or otherwise specified circumstances in this 
section to verify their entire workforce, the 
System may be used for initial verification 
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537 
of an individual who was hired before the 
employer became subject to the System, 
and the employer shall initiate all required 
procedures on or before such date as the 
Secretary shall specify. 
‘‘(v) NOTIFICATION.— 
‘‘(I) IN
GENERAL.—The Sec-
retary shall provide, and the employer 
shall utilize, as part of the System, a 
method of notifying employers of a 
confirmation or nonconfirmation of an 
individual’s identity and employment 
authorized status, or a notice that 
further action is required to verify 
such identity or employment eligibility 
(referred to in this subsection as a 
‘further action notice’). 
‘‘(II) PROCEDURES.—The Sec-
retary shall— 
‘‘(aa) directly notify the in-
dividual and the employer, by 
means of electronic correspond-
ence, mail, text message, tele-
phone, or other direct commu-
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538 
nication, of a nonconfirmation or 
further action notice; 
‘‘(bb) provide information 
about filing an administrative ap-
peal under paragraph (6) and a 
filing for review before an admin-
istrative law judge under para-
graph (7); and 
‘‘(cc) establish procedures to 
directly notify the individual and 
the employer of a confirmation. 
‘‘(III) 
IMPLEMENTATION.—The 
Secretary may provide for a phased-in 
implementation of the notification re-
quirements under this clause, as ap-
propriate. The notification system 
shall cover all inquiries not later than 
1 year from the date of the enactment 
of the Border Security, Economic Op-
portunity, 
and 
Immigration 
Mod-
ernization Act. 
‘‘(C) CONFIRMATION
OR
NONCONFIRMA-
TION.— 
‘‘(i) INITIAL RESPONSE.— 
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539 
‘‘(I) IN
GENERAL.—Except as 
provided in subclause (II), the System 
shall provide— 
‘‘(aa) a confirmation of an 
individual’s identity and employ-
ment authorized status or a fur-
ther action notice at the time of 
the inquiry; and 
‘‘(bb) an appropriate code 
indicating such confirmation or 
such further action notice. 
‘‘(II) 
ALTERNATIVE
DEAD-
LINE.—If the System is unable to 
provide immediate confirmation or 
further action notice for technological 
reasons or due to unforeseen cir-
cumstances, the System shall provide 
a confirmation or further action notice 
not later than 3 business days after 
the initial inquiry. 
‘‘(ii) CONFIRMATION
UPON
INITIAL 
INQUIRY.—If the employer receives an ap-
propriate confirmation of an individual’s 
identity and employment authorized status 
under the System, the employer shall 
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540 
record the confirmation in such manner as 
the Secretary may specify. 
‘‘(iii) FURTHER ACTION NOTICE AND 
LATER CONFIRMATION OR NONCONFIRMA-
TION.— 
‘‘(I) 
NOTIFICATION
AND
AC-
KNOWLEDGMENT THAT FURTHER AC-
TION IS REQUIRED.—Not later than 3 
business days after an employer re-
ceives a further action notice of an in-
dividual’s identity or employment eli-
gibility under the System, or during 
such other reasonable time as the Sec-
retary may prescribe, the employer 
shall notify the individual for whom 
the confirmation is sought of the fur-
ther action notice and any procedures 
specified by the Secretary for address-
ing such notice. The further action 
notice shall be given to the individual 
in writing and the employer shall ac-
knowledge in the System under pen-
alty of perjury that it provided the 
employee with the further action no-
tice. The individual shall affirmatively 
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541 
acknowledge in writing, or in such 
other manner as the Secretary may 
specify, the receipt of the further ac-
tion notice from the employer. If the 
individual refuses to acknowledge the 
receipt of the further action notice, or 
acknowledges in writing that the indi-
vidual will not contest the further ac-
tion notice under subclause (II), the 
employer shall notify the Secretary in 
such manner as the Secretary may 
specify. 
‘‘(II) CONTEST.—Not later than 
10 business days after receiving noti-
fication of a further action notice 
under subclause (I), the individual 
shall contact the appropriate Federal 
agency and, if the Secretary so re-
quires, appear in person for purposes 
of verifying the individual’s identity 
and employment eligibility. The Sec-
retary, in consultation with the Com-
missioner and other appropriate Fed-
eral agencies, shall specify an avail-
able secondary verification procedure 
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542 
to confirm the validity of information 
provided and to provide a confirma-
tion or nonconfirmation. Any proce-
dures for reexamination shall not limit 
in any way an employee’s right to ap-
peal a nonconfirmation. 
‘‘(III) NO CONTEST.—If the indi-
vidual refuses to acknowledge receipt 
of the further action notice, acknowl-
edges that the individual will not con-
test the further action notice as pro-
vided in subclause (I), or does not 
contact the appropriate Federal agen-
cy within the period specified in sub-
clause (II), following expiration of the 
period specified in subclause (II), a 
nonconfirmation shall be issued. The 
employer shall record the noncon-
firmation in such manner as the Sec-
retary may specify and terminate the 
individual’s employment. An individ-
ual’s failure to contest a further ac-
tion notice shall not be considered an 
admission of guilt with respect to any 
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543 
violation of this section or any provi-
sion of law. 
‘‘(IV) CONFIRMATION
OR
NON-
CONFIRMATION.—Unless the period is 
extended in accordance with this sub-
clause, the System shall provide a 
confirmation or nonconfirmation not 
later than 10 business days after the 
date on which the individual contests 
the further action notice under sub-
clause (II). If the Secretary deter-
mines that good cause exists, after 
taking into account adverse impacts 
to the employer, and including time to 
permit the individual to obtain and 
provide needed evidence of identity or 
employment eligibility, the Secretary 
shall extend the period for providing 
confirmation or nonconfirmation for 
stated periods beyond 10 business 
days. When confirmation or noncon-
firmation is provided, the confirma-
tion system shall provide an appro-
priate code indicating such confirma-
tion or nonconfirmation. 
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544 
‘‘(V) REEXAMINATION.—Nothing 
in this section shall prevent the Sec-
retary from establishing procedures to 
reexamine a case where a confirma-
tion or nonconfirmation has been pro-
vided if subsequently received infor-
mation indicates that the confirmation 
or nonconfirmation may not have been 
correct. Any procedures for reexam-
ination shall not limit in any way an 
employee’s right to appeal a noncon-
firmation. 
‘‘(VI) 
EMPLOYEE
PROTEC-
TIONS.—An employer may not termi-
nate employment or take any other 
adverse action against an individual 
solely because of a failure of the indi-
vidual to have identity and employ-
ment eligibility confirmed under this 
subsection until— 
‘‘(aa) a nonconfirmation has 
been issued; 
‘‘(bb) if the further action 
notice was contested, the period 
to timely file an administrative 
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545 
appeal has expired without an 
appeal or the contestation to the 
further action notice is with-
drawn; or 
‘‘(cc) if an appeal before an 
administrative law judge under 
paragraph (7) has been filed, the 
nonconfirmation has been upheld 
or the appeal has been withdrawn 
or dismissed. 
‘‘(iv) 
NOTICE
OF
NONCONFIRMA-
TION.—Not later than 3 business days 
after an employer receives a nonconfirma-
tion, or during such other reasonable time 
as the Secretary may provide, the employer 
shall notify the individual who is the sub-
ject of the nonconfirmation, and provide 
information about filing an administrative 
appeal pursuant to paragraph (6) and a 
request for a hearing before an administra-
tive law judge pursuant to paragraph (7). 
The nonconfirmation notice shall be given 
to the individual in writing and the em-
ployer shall acknowledge in the System 
under penalty of perjury that it provided 
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546 
the notice (or adequately attempted to pro-
vide notice, but was unable to do so despite 
reasonable efforts). The individual shall af-
firmatively acknowledge in writing, or in 
such other manner as the Secretary may 
prescribe, the receipt of the nonconfirma-
tion notice from the employer. If the indi-
vidual refuses or fails to acknowledge the 
receipt of the nonconfirmation notice, the 
employer shall notify the Secretary in such 
manner as the Secretary may prescribe. 
‘‘(D) CONSEQUENCES
OF
NONCONFIRMA-
TION.— 
‘‘(i) TERMINATION
OF
CONTINUED 
EMPLOYMENT.—Except as provided in 
clause (iii), an employer that has received 
a nonconfirmation regarding an individual 
and has made reasonable efforts to notify 
the individual in accordance with subpara-
graph (C)(iv) shall terminate the employ-
ment of the individual upon the expiration 
of the time period specified in paragraph 
(7). 
‘‘(ii) 
CONTINUED
EMPLOYMENT 
AFTER
NONCONFIRMATION.—If the em-
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547 
ployer continues to employ an individual 
after receiving nonconfirmation and ex-
haustion of all appeals or expiration of all 
rights to appeal if not appealed, in viola-
tion of clause (i), a rebuttable presumption 
is created that the employer has violated 
paragraphs (1)(A) and (2) of subsection 
(a). Such presumption shall not apply in 
any prosecution under subsection (k)(1). 
‘‘(iii) EFFECT
OF
ADMINISTRATIVE 
APPEAL OR REVIEW BY ADMINISTRATIVE 
LAW JUDGE.—If an individual files an ad-
ministrative appeal of the nonconfirmation 
within the time period specified in para-
graph (6)(A), or files for review with an 
administrative law judge specified in para-
graph (7)(A), the employer shall not termi-
nate the individual’s employment under 
this subparagraph prior to the resolution 
of the administrative appeal unless the 
Secretary or Commissioner terminates the 
stay under paragraph (6)(B) or (7)(B). 
‘‘(iv) WEEKLY REPORT.—The Direc-
tor of U.S. Citizenship and Immigration 
Services shall submit a weekly report to 
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548 
the Assistant Secretary for Immigration 
and Customs Enforcement that includes, 
for each individual who receives final non-
confirmation through the System— 
‘‘(I) the name of such individual; 
‘‘(II) his or her social security 
number or alien file number; 
‘‘(III) the name and contact in-
formation for his or her current em-
ployer; and 
‘‘(IV) any other critical informa-
tion that the Assistant Secretary de-
termines to be appropriate. 
‘‘(E) OBLIGATION TO RESPOND TO QUE-
RIES AND ADDITIONAL INFORMATION.— 
‘‘(i) IN
GENERAL.—Employers shall 
comply with requests for information from 
the Secretary and the Special Counsel for 
Immigration-Related Unfair Employment 
Practices of the Department of Justice, in-
cluding queries concerning current and 
former employees, within the time frame 
during which records are required to be 
maintained under this section regarding 
such former employees, if such information 
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549 
relates to the functioning of the System, 
the accuracy of the responses provided by 
the System, or any suspected misuse, dis-
crimination, fraud, or identity theft in the 
use of the System. Failure to comply with 
a request under this clause constitutes a 
violation of subsection (a)(1)(B). 
‘‘(ii) ACTION BY INDIVIDUALS.— 
‘‘(I) IN
GENERAL.—Individuals 
being verified through the System 
may be required to take further action 
to address questions identified by the 
Secretary or the Commissioner re-
garding the documents relied upon for 
purposes of subsection (c). 
‘‘(II) NOTIFICATION.—Not later 
than 3 business days after the receipt 
of such questions regarding an indi-
vidual, or during such other reason-
able time as the Secretary may pre-
scribe, the employer shall— 
‘‘(aa) notify the individual of 
any such requirement for further 
actions; and 
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550 
‘‘(bb) record the date and 
manner of such notification. 
‘‘(III) ACKNOWLEDGMENT.—The 
individual shall acknowledge the noti-
fication received from the employer 
under subclause (II) in writing, or in 
such other manner as the Secretary 
may prescribe. 
‘‘(iii) RULEMAKING.— 
‘‘(I) IN
GENERAL.—The Sec-
retary, in consultation with the Com-
missioner and the Attorney General, 
is authorized to issue regulations im-
plementing, 
clarifying, 
and 
supplementing the requirements under 
this subparagraph— 
‘‘(aa) to facilitate the func-
tioning, accuracy, and fairness of 
the System; 
‘‘(bb) to prevent misuse, dis-
crimination, fraud, or identity 
theft in the use of the System; or 
‘‘(cc) to protect and main-
tain the confidentiality of infor-
mation that could be used to lo-
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551 
cate or otherwise place at risk of 
harm victims of domestic vio-
lence, dating violence, sexual as-
sault, stalking, and human traf-
ficking, and of the applicant or 
beneficiary of any petition de-
scribed in section 384(a)(2) of 
the Illegal Immigration Reform 
and 
Immigrant 
Responsibility 
Act 
of 
1996 
(8 
U.S.C. 
1367(a)(2)). 
‘‘(II) NOTICE.—The regulations 
issued under subclause (I) shall be— 
‘‘(aa) published in the Fed-
eral Register; and 
‘‘(bb) provided directly to all 
employers registered in the Sys-
tem. 
‘‘(F) DESIGNATED
AGENTS.—The Sec-
retary shall establish a process— 
‘‘(i) for certifying, on an annual basis 
or at such times as the Secretary may pre-
scribe, designated agents and other System 
service providers seeking access to the Sys-
tem to perform verification queries on be-
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552 
half of employers, based upon training, 
usage, privacy, and security standards pre-
scribed by the Secretary; 
‘‘(ii) for ensuring that designated 
agents and other System service providers 
are subject to monitoring to the same ex-
tent as direct access users; and 
‘‘(iii) for establishing standards for 
certification of electronic I–9 programs. 
‘‘(G) REQUIREMENT TO PROVIDE INFOR-
MATION.— 
‘‘(i) IN GENERAL.—No later than 3 
months after the date of the enactment of 
the Border Security, Economic Oppor-
tunity, and Immigration Modernization 
Act, the Secretary, in consultation with the 
Secretary of Labor, the Secretary of Agri-
culture, the Commissioner, the Attorney 
General, the Equal Employment Oppor-
tunity Commission, and the Administrator 
of the Small Business Administration, 
shall commence a campaign to disseminate 
information respecting the procedures, 
rights, and remedies prescribed under this 
section. 
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553 
‘‘(ii) 
CAMPAIGN
REQUIREMENTS.— 
The campaign authorized under clause 
(i)— 
‘‘(I) shall be aimed at increasing 
the knowledge of employers, employ-
ees, and the general public concerning 
employer and employee rights, respon-
sibilities, and remedies under this sec-
tion; and 
‘‘(II) shall be coordinated with 
the public education campaign con-
ducted by U.S. Citizenship and Immi-
gration Services. 
‘‘(iii) ASSESSMENT.—The Secretary 
shall assess the success of the campaign in 
achieving the goals of the campaign. 
‘‘(iv) AUTHORITY TO CONTRACT.—In 
order to carry out and assess the campaign 
under this subparagraph, the Secretary 
may, to the extent deemed appropriate and 
subject to the availability of appropria-
tions, contract with public and private or-
ganizations for outreach and assessment 
activities under the campaign. 
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554 
‘‘(v) AUTHORIZATION OF APPROPRIA-
TIONS.—There are authorized to be appro-
priated to carry out this paragraph 
$40,000,000 for each of the fiscal years 
2014 through 2016. 
‘‘(H) AUTHORITY
TO
MODIFY
INFORMA-
TION REQUIREMENTS.—Based on a regular re-
view 
of 
the 
System 
and 
the 
document 
verification procedures to identify misuse or 
fraudulent use and to assess the security of the 
documents and processes used to establish iden-
tity or employment authorized status, the Sec-
retary, in consultation with the Commissioner, 
after publication of notice in the Federal Reg-
ister and an opportunity for public comment, 
may modify, if the Secretary determines that 
the modification is necessary to ensure that the 
System accurately and reliably determines the 
identity and employment authorized status of 
employees and maintain existing protections 
against misuse, discrimination, fraud, and iden-
tity theft— 
‘‘(i) the information that shall be pre-
sented to the employer by an individual; 
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555 
‘‘(ii) the information that shall be pro-
vided to the System by the employer; and 
‘‘(iii) the procedures that shall be fol-
lowed by employers with respect to the 
process of verifying an individual through 
the System. 
‘‘(I) SELF-VERIFICATION.—Subject to ap-
propriate safeguards to prevent misuse of the 
system, the Secretary, in consultation with the 
Commissioner, shall establish a secure self- 
verification procedure to permit an individual 
who seeks to verify the individual’s own employ-
ment eligibility to contact the appropriate agen-
cy and, in a timely manner, correct or update 
the information contained in the System. 
‘‘(5) PROTECTION
FROM
LIABILITY
FOR
AC-
TIONS TAKEN ON THE BASIS OF INFORMATION PRO-
VIDED BY THE SYSTEM.—An employer shall not be 
liable to a job applicant, an employee, the Federal 
Government, or a State or local government, under 
Federal, 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 by the System. 
‘‘(6) ADMINISTRATIVE APPEAL.— 
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556 
‘‘(A) IN GENERAL.—An individual who is 
notified of a nonconfirmation may, not later 
than 10 business days after the date that such 
notice is received, file an administrative appeal 
of such nonconfirmation with the Commissioner 
if the notice is based on records maintained by 
the Commissioner, or in any other case, with 
the Secretary. An individual who did not timely 
contest a further action notice timely received 
by that individual for which the individual ac-
knowledged receipt may not be granted a review 
under this paragraph. 
‘‘(B) ADMINISTRATIVE STAY OF NONCON-
FIRMATION.—The nonconfirmation shall be 
automatically stayed upon the timely filing of 
an administrative appeal, unless the noncon-
firmation resulted after the individual acknowl-
edged receipt of the further action notice but 
failed to contact the appropriate agency within 
the time provided. The stay shall remain in ef-
fect until the resolution of the appeal, unless 
the Secretary or the Commissioner terminates 
the stay based on a determination that the ad-
ministrative appeal is frivolous or filed for pur-
poses of delay. 
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557 
‘‘(C) REVIEW FOR ERROR.—The Secretary 
and the Commissioner shall develop procedures 
for resolving administrative appeals regarding 
nonconfirmations based upon the information 
that the individual has provided, including any 
additional evidence or argument that was not 
previously considered. Any such additional evi-
dence or argument shall be filed within 10 busi-
ness days of the date the appeal was originally 
filed. Appeals shall be resolved within 20 busi-
ness days after the individual has submitted all 
evidence and arguments the individual wishes to 
submit, or has stated in writing that there is no 
additional evidence that the individual wishes to 
submit. The Secretary and the Commissioner 
may, on a case by case basis for good cause, ex-
tend the filing and submission period in order 
to ensure accurate resolution of an appeal be-
fore the Secretary or the Commissioner. 
‘‘(D) PREPONDERANCE
OF
EVIDENCE.— 
Administrative appeal under this paragraph 
shall be limited to whether a nonconfirmation 
notice is supported by a preponderance of the 
evidence. 
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558 
‘‘(E) DAMAGES, FEES, AND
COSTS.—No 
money damages, fees or costs may be awarded 
in the administrative appeal process under this 
paragraph. 
‘‘(7) 
REVIEW
BY
ADMINISTRATIVE
LAW 
JUDGE.— 
‘‘(A) IN
GENERAL.—Not later than 30 
days after the date an individual receives a final 
determination on an administrative appeal 
under paragraph (6), the individual may obtain 
review of such determination by filing a com-
plaint with a Department of Justice administra-
tive law judge in accordance with this para-
graph. 
‘‘(B) STAY
OF
NONCONFIRMATION.—The 
nonconfirmation related to such final deter-
mination shall be automatically stayed upon the 
timely filing of a complaint under this para-
graph, and the stay shall remain in effect until 
the resolution of the complaint, unless the ad-
ministrative law judge determines that the ac-
tion is frivolous or filed for purposes of delay. 
‘‘(C) SERVICE.—The respondent to com-
plaint filed under this paragraph is either the 
Secretary or the Commissioner, but not both, 
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559 
depending upon who issued the administrative 
order under paragraph (6). In addition to serv-
ing the respondent, the plaintiff shall serve the 
Attorney General. 
‘‘(D) AUTHORITY
OF
ADMINISTRATIVE 
LAW JUDGE.— 
‘‘(i) RULES OF PRACTICE.—The Sec-
retary shall promulgate regulations regard-
ing the rules of practice in appeals brought 
pursuant to this subsection. 
‘‘(ii) AUTHORITY OF ADMINISTRATIVE 
LAW
JUDGE.—The 
administrative 
law 
judge shall have power to— 
‘‘(I) terminate a stay of a non-
confirmation under subparagraph (B) 
if the administrative law judge deter-
mines that the action is frivolous or 
filed for purposes of delay; 
‘‘(II) adduce evidence at a hear-
ing; 
‘‘(III) compel by subpoena the 
attendance of witnesses and the pro-
duction of evidence at any designated 
place or hearing; 
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560 
‘‘(IV) resolve claims of identity 
theft; and 
‘‘(V) enter, upon the pleadings 
and any evidence adduced at a hear-
ing, a decision affirming or reversing 
the result of the agency, with or with-
out remanding the cause for a rehear-
ing. 
‘‘(iii) SUBPOENA.—In case of contu-
macy or refusal to obey a subpoena law-
fully issued under this section and upon 
application of the administrative law judge, 
an appropriate district court of the United 
States may issue an order requiring com-
pliance with such subpoena and any failure 
to obey such order may be punished by 
such court as a contempt of such court. 
‘‘(iv) TRAINING.—An administrative 
law judge hearing cases shall have special 
training respecting employment authorized 
status verification. 
‘‘(E) ORDER
BY
ADMINISTRATIVE
LAW 
JUDGE.— 
‘‘(i) IN
GENERAL.—The administra-
tive law judge shall issue and cause to be 
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561 
served to the parties in the proceeding an 
order which may be appealed as provided 
in subparagraph (G). 
‘‘(ii) CONTENTS OF ORDER.—Such an 
order shall uphold or reverse the final de-
termination on the request for reconsider-
ation and order lost wages and other ap-
propriate remedies as provided in subpara-
graph (F). 
‘‘(F) COMPENSATION FOR ERROR.— 
‘‘(i) IN GENERAL.—In cases in which 
the administrative law judge reverses the 
final determination of the Secretary or the 
Commissioner made under paragraph (6), 
and the administrative law judge finds 
that— 
‘‘(I) the nonconfirmation was due 
to gross negligence or intentional mis-
conduct of the employer, the adminis-
trative law judge may order the em-
ployer to pay the individual lost 
wages, and reasonable costs and attor-
neys’ fees incurred during administra-
tive and judicial review; or 
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562 
‘‘(II) such final determination 
was erroneous by reason of the neg-
ligence of the Secretary or the Com-
missioner, 
the 
administrative 
law 
judge may order the Secretary or the 
Commissioner to pay the individual 
lost wages, and reasonable costs and 
attorneys’ fees incurred during the ad-
ministrative appeal and the adminis-
trative law judge review. 
‘‘(ii) 
CALCULATION
OF
LOST 
WAGES.—Lost wages shall be calculated 
based on the wage rate and work schedule 
that prevailed prior to termination. The in-
dividual shall be compensated for wages 
lost beginning on the first scheduled work 
day after employment was terminated and 
ending 120 days after completion of the 
administrative law judge’s review described 
in this paragraph or the day after the indi-
vidual is reinstated or obtains employment 
elsewhere, whichever occurs first. If the in-
dividual obtains employment elsewhere at a 
lower wage rate, the individual shall be 
compensated for the difference in wages 
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563 
for the period ending 120 days after com-
pletion of the administrative law judge re-
view process. No lost wages shall be award-
ed for any period of time during which the 
individual was not in employment author-
ized status. 
‘‘(iii) PAYMENT OF COMPENSATION.— 
Notwithstanding any other law, payment of 
compensation for lost wages, costs, and at-
torneys’ fees under this paragraph, or com-
promise settlements of the same, shall be 
made as provided by section 1304 of title 
31, United States Code. Appropriations 
made available to the Secretary or the 
Commissioner, accounts provided for under 
section 286, and funds from the Federal 
Old-Age and Survivors Insurance Trust 
Fund or the Federal Disability Insurance 
Trust Fund shall not be available to pay 
such compensation. 
‘‘(G) APPEAL.—No later than 45 days 
after the entry of such final order, any person 
adversely affected by such final order may seek 
review of such order in the United States Court 
of Appeals for the circuit in which the violation 
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564 
is alleged to have occurred or in which the em-
ployer resides or transacts business. 
‘‘(8) MANAGEMENT OF THE SYSTEM.— 
‘‘(A) IN GENERAL.—The Secretary is au-
thorized to establish, manage, and modify the 
System, which shall— 
‘‘(i) respond to inquiries made by par-
ticipating employers at any time through 
the Internet, or such other means as the 
Secretary may designate, concerning an in-
dividual’s identity and whether the indi-
vidual is in employment authorized status; 
‘‘(ii) maintain records of the inquiries 
that were made, of confirmations provided 
(or not provided), and of the codes pro-
vided to employers as evidence of their 
compliance with their obligations under the 
System; and 
‘‘(iii) provide information to, and re-
quire action by, employers and individuals 
using the System. 
‘‘(B) DESIGN
AND
OPERATION
OF
SYS-
TEM.—The System shall be designed and oper-
ated— 
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565 
‘‘(i) to maximize its reliability and 
ease of use by employers consistent with 
protecting the privacy and security of the 
underlying information, and ensuring full 
notice of such use to employees; 
‘‘(ii) to maximize its ease of use by 
employees, including direct notification of 
its use, of results, and ability to challenge 
results; 
‘‘(iii) to respond accurately to all in-
quiries made by employers on whether in-
dividuals are authorized to be employed 
and to register any times when the system 
is unable to receive inquiries; 
‘‘(iv) to maintain appropriate adminis-
trative, technical, and physical safeguards 
to prevent unauthorized disclosure of per-
sonal information, misuse by employers 
and employees, and discrimination; 
‘‘(v) to require regularly scheduled re-
fresher training of all users of the System 
to ensure compliance with all procedures; 
‘‘(vi) to allow for auditing of the use 
of the System to detect misuse, discrimina-
tion, fraud, and identity theft, to protect 
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566 
privacy and assess System accuracy, and 
to preserve the integrity and security of 
the information in all of the System, in-
cluding— 
‘‘(I) to develop and use tools and 
processes to detect or prevent fraud 
and identity theft, such as multiple 
uses of the same identifying informa-
tion or documents to fraudulently gain 
employment; 
‘‘(II) to develop and use tools 
and processes to detect and prevent 
misuse of the system by employers 
and employees; 
‘‘(III) to develop tools and proc-
esses to detect anomalies in the use of 
the system that may indicate potential 
fraud or misuse of the system; 
‘‘(IV) to audit documents and in-
formation submitted by employees to 
employers, including authority to con-
duct interviews with employers and 
employees, and obtain information 
concerning employment from the em-
ployer; 
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567 
‘‘(vii) to confirm identity and employ-
ment authorization through verification 
and comparison of records as determined 
necessary by the Secretary; 
‘‘(viii) to confirm electronically the 
issuance of the employment authorization 
or identity document and— 
‘‘(I) if such photograph is avail-
able, to display the digital photograph 
that the issuer placed on the docu-
ment so that the employer can com-
pare the photograph displayed to the 
photograph on the document pre-
sented by the employee; or 
‘‘(II) if a photograph is not avail-
able from the issuer, to confirm the 
authenticity of the document using 
such alternative procedures as the 
Secretary may specify; and 
‘‘(ix) to provide appropriate notifica-
tion directly to employers registered with 
the System of all changes made by the 
Secretary or the Commissioner related to 
allowed and prohibited documents, and use 
of the System. 
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‘‘(C) SAFEGUARDS TO THE SYSTEM.— 
‘‘(i) REQUIREMENT
TO
DEVELOP.— 
The Secretary, in consultation with the 
Commissioner and other appropriate Fed-
eral and State agencies, shall develop poli-
cies and procedures to ensure protection of 
the privacy and security of personally iden-
tifiable information and identifiers con-
tained in the records accessed or main-
tained by the System. The Secretary, in 
consultation with the Commissioner and 
other appropriate Federal and State agen-
cies, shall develop and deploy appropriate 
privacy and security training for the Fed-
eral and State employees accessing the 
records under the System. 
‘‘(ii) PRIVACY
AUDITS.—The Sec-
retary, acting through the Chief Privacy 
Officer of the Department, shall conduct 
regular privacy audits of the policies and 
procedures established under clause (i), in-
cluding any collection, use, dissemination, 
and maintenance of personally identifiable 
information and any associated informa-
tion technology systems, as well as scope of 
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requests for this information. The Chief 
Privacy Officer shall review the results of 
the audits and recommend to the Secretary 
any changes necessary to improve the pri-
vacy protections of the program. 
‘‘(iii) ACCURACY AUDITS.— 
‘‘(I) IN
GENERAL.—Not later 
than November 30 of each year, the 
Inspector General of the Department 
of Homeland Security shall submit a 
report to the Secretary, with a copy to 
the President of the Senate and the 
Speaker of the House of Representa-
tives, that sets forth the error rate of 
the System for the previous fiscal year 
and the assessments required to be 
submitted by the Secretary under sub-
paragraphs (A) and (B) of paragraph 
(10). The report shall describe in de-
tail the methodology employed for 
purposes of the report, and shall make 
recommendations for how error rates 
may be reduced. 
‘‘(II) ERROR RATE DEFINED.—In 
this clause, the term ‘error rate’ 
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means the percentage determined by 
dividing— 
‘‘(aa) the number of employ-
ment authorized individuals who 
received further action notices, 
contested such notices, and were 
subsequently found to be employ-
ment authorized; by 
‘‘(bb) the number of System 
inquiries submitted for employ-
ment authorized individuals. 
‘‘(III) REDUCTION OF PENALTIES 
FOR
RECORDKEEPING
OR 
VERIFICATION PRACTICES FOLLOWING 
PERSISTENT
SYSTEM
INACCURA-
CIES.—Notwithstanding 
subsection 
(e)(4)(C)(i), in any calendar year fol-
lowing a report by the Inspector Gen-
eral under subclause (I) that the Sys-
tem had an error rate higher than 0.3 
percent for the previous fiscal year, 
the civil penalty assessable by the Sec-
retary or an administrative law judge 
under that subsection for each first- 
time violation by an employer who has 
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not previously been penalized under 
this section may not exceed $1,000. 
‘‘(iv) 
RECORDS
SECURITY
PRO-
GRAM.—Any person, including a private 
third party vendor, who retains document 
verification or System data pursuant to 
this section shall implement an effective 
records security program that— 
‘‘(I) ensures that only authorized 
personnel have access to document 
verification or System data; and 
‘‘(II) ensures that whenever such 
data is created, completed, updated, 
modified, altered, or corrected in elec-
tronic format, a secure and perma-
nent record is created that establishes 
the date of access, the identity of the 
individual who accessed the electronic 
record, and the particular action 
taken. 
‘‘(v) RECORDS SECURITY PROGRAM.— 
In addition to the security measures de-
scribed in clause (iv), a private third party 
vendor who retains document verification 
or System data pursuant to this section 
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shall implement an effective records secu-
rity program that— 
‘‘(I) provides for backup and re-
covery of any records maintained in 
electronic format to protect against 
information loss, such as power inter-
ruptions; and 
‘‘(II) ensures that employees are 
trained to minimize the risk of unau-
thorized or accidental alteration or 
erasure of such data in electronic for-
mat. 
‘‘(vi) AUTHORIZED
PERSONNEL
DE-
FINED.—In this subparagraph, the term 
‘authorized personnel’ means anyone reg-
istered as a System user, or anyone with 
partial or full responsibility for completion 
of employment authorization verification or 
retention of data in connection with em-
ployment authorization verification on be-
half of an employer. 
‘‘(D) AVAILABLE FACILITIES AND ALTER-
NATIVE
ACCOMMODATIONS.—The 
Secretary 
shall make appropriate arrangements and de-
velop standards to allow employers or employ-
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ees, including remote hires, who are otherwise 
unable to access the System to use electronic 
and telephonic formats (including video confer-
encing, scanning technology, and other available 
technologies), Federal Government facilities, 
public facilities, or other available locations in 
order to utilize the System. 
‘‘(E) RESPONSIBILITIES
OF
THE
SEC-
RETARY.— 
‘‘(i) IN
GENERAL.—As part of the 
System, the Secretary shall maintain a re-
liable, secure method, which, operating 
through the System and within the time 
periods specified, compares the name, alien 
identification or authorization number, or 
other information as determined relevant 
by the Secretary, provided in an inquiry 
against such information maintained or 
accessed by the Secretary in order to con-
firm (or not confirm) the validity of the in-
formation provided, the correspondence of 
the name and number, whether the alien 
has employment authorized status (or, to 
the extent that the Secretary determines to 
be feasible and appropriate, whether the 
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records available to the Secretary verify 
the identity or status of a national of the 
United States), and such other information 
as the Secretary may prescribe. 
‘‘(ii) PHOTOGRAPH DISPLAY.—As part 
of the System, the Secretary shall establish 
a reliable, secure method, which, operating 
through the System, displays the digital 
photograph described in subparagraph 
(B)(viii)(I). 
‘‘(iii) TIMING OF NOTICES.—The Sec-
retary shall have authority to prescribe 
when a confirmation, nonconfirmation, or 
further action notice shall be issued. 
‘‘(iv) USE
OF
INFORMATION.—The 
Secretary shall perform regular audits 
under the System, as described in subpara-
graph (B)(vi) and shall utilize the informa-
tion obtained from such audits, as well as 
any information obtained from the Com-
missioner pursuant to part E of title XI of 
the Social Security Act (42 U.S.C. 1301 et 
seq.), for the purposes of this section and 
to administer and enforce the immigration 
laws. 
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‘‘(v) IDENTITY FRAUD PROTECTION.— 
To prevent identity fraud, not later than 
18 months after the date of the enactment 
of the Border Security, Economic Oppor-
tunity, and Immigration Modernization 
Act, the Secretary shall— 
‘‘(I) in consultation with the 
Commissioner, establish a program to 
provide a reliable, secure method for 
an individual to temporarily suspend 
or limit the use of the individual’s so-
cial security account number or other 
identifying information for verification 
by the System; and 
‘‘(II) for each individual being 
verified through the System— 
‘‘(aa) notify the individual 
that the individual has the option 
to limit the use of the individ-
ual’s social security account num-
ber or other identifying informa-
tion for verification by the Sys-
tem; and 
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‘‘(bb) provide instructions to 
the individuals for exercising the 
option referred to in item (aa). 
‘‘(vi) ALLOWING
PARENTS
TO
PRE-
VENT
THEFT
OF
THEIR
CHILD’S
IDEN-
TITY.—The Secretary, in consultation with 
the Commissioner, shall establish a pro-
gram that provides a reliable, secure meth-
od by which parents or legal guardians 
may suspend or limit the use of the social 
security account number or other identi-
fying information of a minor under their 
care for the purposes of the System. The 
Secretary may implement the program on 
a limited pilot program basis before mak-
ing it fully available to all individuals. 
‘‘(vii) PROTECTION
FROM
MULTIPLE 
USE.—The Secretary and the Commis-
sioner shall establish a procedure for iden-
tifying and handling a situation in which a 
social security account number has been 
identified to be subject to unusual multiple 
use in the System or is otherwise suspected 
or determined to have been compromised 
by identity fraud. 
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‘‘(viii) MONITORING AND COMPLIANCE 
UNIT.—The Secretary shall establish or 
designate a monitoring and compliance 
unit to detect and reduce identity fraud 
and other misuse of the System. 
‘‘(ix) CIVIL RIGHTS AND CIVIL LIB-
ERTIES ASSESSMENTS.— 
‘‘(I) REQUIREMENT
TO
CON-
DUCT.—The Secretary shall conduct 
regular civil rights and civil liberties 
assessments of the System, including 
participation by employers, other pri-
vate entities, and Federal, State, and 
local government entities. 
‘‘(II) 
REQUIREMENT
TO
RE-
SPOND.—Employers, other private en-
tities, and Federal, State, and local 
entities shall timely respond to any re-
quest in connection with such an as-
sessment. 
‘‘(III) ASSESSMENT
AND
REC-
OMMENDATIONS.—The 
Officer 
for 
Civil Rights and Civil Liberties of the 
Department shall review the results of 
each such assessment and recommend 
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to the Secretary any changes nec-
essary to improve the civil rights and 
civil liberties protections of the Sys-
tem. 
‘‘(F) GRANTS TO STATES.— 
‘‘(i) IN
GENERAL.—The Secretary 
shall create and administer a grant pro-
gram to help provide funding for States 
that grant— 
‘‘(I) the Secretary access to driv-
er’s license information as needed to 
confirm that a driver’s license pre-
sented under subsection (c)(1)(D)(i) 
confirms the identity of the subject of 
the System check, and that a driver’s 
license matches the State’s records; 
and 
‘‘(II) such assistance as the Sec-
retary may request in order to resolve 
further action notices or nonconfirma-
tions relating to such information. 
‘‘(ii) CONSTRUCTION WITH THE DRIV-
ER’S PRIVACY PROTECTION ACT OF 1994.— 
The provision of a photograph to the Sec-
retary as described in clause (i) may not be 
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579 
construed as a violation of section 2721 of 
title 18, United States Code, and is a per-
missible use under subsection (b)(1) of 
that section. 
‘‘(iii) AUTHORIZATION OF APPROPRIA-
TIONS.—There is authorized to be appro-
priated to the Secretary $250,000,000 to 
carry out this subparagraph. 
‘‘(G) RESPONSIBILITIES
OF
THE
SEC-
RETARY OF STATE.—As part of the System, the 
Secretary of State shall provide to the Sec-
retary access to passport and visa information 
as needed to confirm that a passport, passport 
card, or visa presented under subsection 
(c)(1)(C) confirms the identity of the subject of 
the System check, and that a passport, passport 
card, or visa photograph matches the Secretary 
of State’s records, and shall provide such assist-
ance as the Secretary may request in order to 
resolve further action notices or nonconfirma-
tions relating to such information. 
‘‘(H) 
UPDATING
INFORMATION.—The 
Commissioner, the Secretary, and the Secretary 
of State shall update their information in a 
manner that promotes maximum accuracy and 
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shall provide a process for the prompt correc-
tion of erroneous information. 
‘‘(9) LIMITATION ON USE OF THE SYSTEM.— 
Notwithstanding any other provision of law, nothing 
in this subsection may be construed to permit or 
allow any department, bureau, or other agency of 
the United States Government or any other entity to 
utilize any information, database, or other records 
assembled under this subsection for any purpose 
other than for employment verification or to ensure 
secure, appropriate and nondiscriminatory use of the 
System. 
‘‘(10) ANNUAL REPORT AND CERTIFICATION.— 
Not later than 18 months after the promulgation of 
regulations to implement this subsection, and annu-
ally thereafter, the Secretary shall submit to Con-
gress a report that includes the following: 
‘‘(A) An assessment, as submitted to the 
Secretary by the Inspector General of the De-
partment of Homeland Security pursuant to 
paragraph (8)(C)(iii)(I), of the accuracy rates 
of further action notices and other System no-
tices provided by employers to individuals who 
are authorized to be employed in the United 
States. 
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‘‘(B) An assessment, as submitted to the 
Secretary by the Inspector General of the De-
partment of Homeland Security pursuant to 
paragraph (8)(C)(iii)(I), of the accuracy rates 
of further action notices and other System no-
tices provided directly (by the System) in a 
timely fashion to individuals who are not au-
thorized to be employed in the United States. 
‘‘(C) An assessment of any challenges 
faced by small employers in utilizing the Sys-
tem. 
‘‘(D) An assessment of the rate of em-
ployer noncompliance (in addition to failure to 
provide required notices in a timely fashion) in 
each of the following categories: 
‘‘(i) Taking adverse action based on a 
further action notice. 
‘‘(ii) Use of the System for non-
employees or other individuals before they 
are offered employment. 
‘‘(iii) Use of the System to reverify 
employment authorized status of current 
employees except if authorized to do so. 
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‘‘(iv) Use of the System selectively, 
except in cases in which such use is au-
thorized. 
‘‘(v) Use of the System to deny em-
ployment or post-employment benefits or 
otherwise interfere with labor rights. 
‘‘(vi) Requiring employees or appli-
cants to use any self-verification feature or 
to provide self-verification results. 
‘‘(vii) Discouraging individuals who 
receive a further action notice from chal-
lenging the further action notice or appeal-
ing a determination made by the System. 
‘‘(E) An assessment of the rate of em-
ployee noncompliance in each of the following 
categories: 
‘‘(i) Obtaining employment when un-
authorized with an employer complying 
with the System in good faith. 
‘‘(ii) Failure to provide required docu-
ments in a timely manner. 
‘‘(iii) Attempting to use fraudulent 
documents or documents not related to the 
individual. 
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‘‘(iv) Misuse of the administrative ap-
peal and judicial review process. 
‘‘(F) An assessment of the amount of time 
taken for— 
‘‘(i) the System to provide the con-
firmation or further action notice; 
‘‘(ii) individuals to contest further ac-
tion notices; 
‘‘(iii) the System to provide a con-
firmation or nonconfirmation of a con-
tested further action notice; 
‘‘(iv) individuals to file an administra-
tive appeal of a nonconfirmation; and 
‘‘(v) resolving administrative appeals 
regarding nonconfirmations. 
‘‘(11) ANNUAL GAO STUDY AND REPORT.— 
‘‘(A) 
REQUIREMENT.—The 
Comptroller 
General shall, for each year, undertake a study 
to evaluate the accuracy, efficiency, integrity, 
and impact of the System. 
‘‘(B) REPORT.—Not later than 18 months 
after the promulgation of regulations to imple-
ment this subsection, and yearly thereafter, the 
Comptroller General shall submit to Congress a 
report containing the findings of the study car-
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ried out under this paragraph. Each such re-
port shall include, at a minimum, the following: 
‘‘(i) An assessment of System per-
formance with respect to the rate at which 
individuals who are eligible for employment 
in the United States are correctly approved 
within the required periods, including a 
separate assessment of such rate for natu-
ralized United States citizens, nationals of 
the United States, and aliens. 
‘‘(ii) An assessment of the privacy and 
confidentiality of the System and of the 
overall security of the System with respect 
to cybertheft and theft or misuse of private 
data. 
‘‘(iii) An assessment of whether the 
System is being implemented in a manner 
that is not discriminatory or used for retal-
iation against employees. 
‘‘(iv) An assessment of the most com-
mon causes for the erroneous issuance of 
nonconfirmations by the System and rec-
ommendations to correct such causes. 
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‘‘(v) The recommendations of the 
Comptroller General regarding System im-
provements. 
‘‘(vi) An assessment of the frequency 
and magnitude of changes made to the 
System and the impact on the ability for 
employers to comply in good faith. 
‘‘(vii) An assessment of the direct and 
indirect costs incurred by employers in 
complying with the System, including costs 
associated with retaining potential employ-
ees through the administrative appeals 
process and receiving a nonconfirmation. 
‘‘(viii) An assessment of any backlogs 
or delays in the System providing the con-
firmation or further action notice and im-
pacts to hiring by employers. 
‘‘(e) COMPLIANCE.— 
‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The 
Secretary shall establish procedures— 
‘‘(A) for individuals and entities to file 
complaints respecting potential violations of 
subsections (a) or (f)(1); 
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‘‘(B) for the investigation of those com-
plaints which the Secretary deems appropriate 
to investigate; and 
‘‘(C) for providing notification to the Spe-
cial Counsel for Immigration-Related Unfair 
Employment Practices of the Department of 
Justice of potential violations of section 274B. 
‘‘(2) AUTHORITY IN INVESTIGATIONS.—In con-
ducting investigations and proceedings under this 
subsection— 
‘‘(A) immigration officers shall have rea-
sonable access to examine evidence of the em-
ployer being investigated; 
‘‘(B) immigration officers designated by 
the Secretary, and administrative law judges 
and other persons authorized to conduct pro-
ceedings under this section, may compel by sub-
poena the attendance of relevant witnesses and 
the production of relevant evidence at any des-
ignated place in an investigation or case under 
this subsection. In case of refusal to fully com-
ply with a subpoena lawfully issued under this 
paragraph, the Secretary may request that the 
Attorney General apply in an appropriate dis-
trict court of the United States for an order re-
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quiring compliance with the subpoena, and any 
failure to obey such order may be punished by 
the court as contempt. Failure to cooperate 
with the subpoena shall be subject to further 
penalties, including further fines and the void-
ing of any mitigation of penalties or termi-
nation of proceedings under paragraph (4)(E); 
and 
‘‘(C) the Secretary, in cooperation with the 
Commissioner and Attorney General, and in 
consultation with other relevant agencies, shall 
establish a Joint Employment Fraud Task 
Force consisting of, at a minimum— 
‘‘(i) the System’s compliance per-
sonnel; 
‘‘(ii) immigration law enforcement of-
ficers; 
‘‘(iii) personnel of the Office of Spe-
cial Counsel for Immigration-Related Un-
fair Employment Practices of the Depart-
ment of Justice; 
‘‘(iv) personnel of the Office for Civil 
Rights and Civil Liberties of the Depart-
ment; and 
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‘‘(v) personnel of Office of Inspector 
General of the Social Security Administra-
tion. 
‘‘(3) COMPLIANCE PROCEDURES.— 
‘‘(A) PRE-PENALTY NOTICE.—If the Sec-
retary has reasonable cause to believe that 
there has been a civil violation of this section in 
the previous 3 years, the Secretary shall issue 
to the employer concerned a written notice of 
the Department’s intention to issue a claim for 
a monetary or other penalty. Such pre-penalty 
notice shall— 
‘‘(i) describe the violation; 
‘‘(ii) specify the laws and regulations 
allegedly violated; 
‘‘(iii) disclose the material facts which 
establish the alleged violation; 
‘‘(iv) describe the penalty sought to be 
imposed; and 
‘‘(v) inform such employer that such 
employer shall have a reasonable oppor-
tunity to make representations as to why a 
monetary or other penalty should not be 
imposed. 
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589 
‘‘(B) EMPLOYER’S RESPONSE.—Whenever 
any employer receives written pre-penalty notice 
of a fine or other penalty in accordance with 
subparagraph (A), the employer may, within 60 
days from receipt of such notice, file with the 
Secretary its written response to the notice. 
The response may include any relevant evidence 
or proffer of evidence that the employer wishes 
to present with respect to whether the employer 
violated this section and whether, if so, the pen-
alty should be mitigated, and shall be filed and 
considered in accordance with procedures to be 
established by the Secretary. 
‘‘(C) RIGHT
TO
A
HEARING.—Before 
issuance of an order imposing a penalty on any 
employer, person, or entity, the employer, per-
son, or entity shall be entitled to a hearing be-
fore an administrative law judge, if requested 
within 60 days of the notice of penalty. The 
hearing shall be held at the nearest location 
practicable to the place where the employer, 
person, or entity resides or of the place where 
the alleged violation occurred. 
‘‘(D) ISSUANCE OF ORDERS.—If no hear-
ing is so requested, the Secretary’s imposition 
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590 
of the order shall constitute a final and 
unappealable order. If a hearing is requested 
and the administrative law judge determines, 
upon clear and convincing evidence received, 
that there was a violation, the administrative 
law judge shall issue the final determination 
with a written penalty claim. The penalty claim 
shall specify all charges in the information pro-
vided under clauses (i) through (iii) of subpara-
graph (A) and any mitigation of the penalty 
that the administrative law judge deems appro-
priate under paragraph (4)(E). 
‘‘(4) CIVIL PENALTIES.— 
‘‘(A) HIRING OR CONTINUING TO EMPLOY 
UNAUTHORIZED
ALIENS.—Any employer that 
violates any provision of subsection (a)(1)(A) or 
(a)(2) shall— 
‘‘(i) pay a civil penalty of not less 
than $3,500 and not more than $7,500 for 
each unauthorized alien with respect to 
which each violation of either subsection 
(a)(1)(A) or (a)(2) occurred; 
‘‘(ii) if the employer has previously 
been fined as a result of a previous en-
forcement action or previous violation 
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591 
under this paragraph, pay a civil penalty of 
not less than $5,000 and not more than 
$15,000 for each unauthorized alien with 
respect to which a violation of either sub-
section (a)(1)(A) or (a)(2) occurred; and 
‘‘(iii) if the employer has previously 
been fined more than once under this para-
graph, pay a civil penalty of not less than 
$10,000 and not more than $25,000 for 
each unauthorized alien with respect to 
which a violation of either subsection 
(a)(1)(A) or (a)(2) occurred. 
‘‘(B) ENHANCED
PENALTIES.—After the 
Secretary certifies to Congress that the System 
has been established, implemented, and made 
mandatory for use by all employers in the 
United States, the Secretary may establish an 
enhanced civil penalty for an employer who— 
‘‘(i) fails to query the System to verify 
the identify and work authorized status of 
an individual; and 
‘‘(ii) violates a Federal, State, or local 
law related to— 
‘‘(I) the payment of wages; 
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592 
‘‘(II) hours worked by employees; 
or 
‘‘(III) workplace health and safe-
ty. 
‘‘(C) RECORDKEEPING
OR
VERIFICATION 
PRACTICES.—Any employer that violates or fails 
to comply with any requirement under sub-
section (a)(1)(B), other than a minor or inad-
vertent failure, as determined by the Secretary, 
shall pay a civil penalty of— 
‘‘(i) not less than $500 and not more 
than $2,000 for each violation; 
‘‘(ii) if an employer has previously 
been fined under this paragraph, not less 
than $1,000 and not more than $4,000 for 
each violation; and 
‘‘(iii) if an employer has previously 
been fined more than once under this para-
graph, not less than $2,000 and not more 
than $8,000 for each violation. 
‘‘(D) OTHER PENALTIES.—The Secretary 
may impose additional penalties for violations, 
including cease and desist orders, specially de-
signed compliance plans to prevent further vio-
lations, suspended fines to take effect in the 
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593 
event of a further violation, and in appropriate 
cases, the remedy provided by paragraph (f)(2). 
‘‘(E) MITIGATION.—The Secretary or, if 
an employer requests a hearing, the administra-
tive law judge, is authorized, upon such terms 
and conditions as the Secretary or administra-
tive law judge deems reasonable and just and in 
accordance with such procedures as the Sec-
retary may establish or any procedures estab-
lished governing the administrative law judge’s 
assessment of penalties, to reduce or mitigate 
penalties imposed upon employers, based upon 
factors including, the employer’s hiring volume, 
compliance history, good-faith implementation 
of a compliance program, the size and level of 
sophistication of the employer, and voluntary 
disclosure of violations of this subsection to the 
Secretary. The Secretary or administrative law 
judge shall not mitigate a penalty below the 
minimum penalty provided by this section, ex-
cept that the Secretary may, in the case of an 
employer subject to penalty for recordkeeping 
or verification violations only who has not pre-
viously been penalized under this section, in the 
Secretary’s or administrative law judge’s discre-
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594 
tion, mitigate the penalty below the statutory 
minimum or remit it entirely. In any case where 
a civil money penalty has been imposed on an 
employer under section 274B for an action or 
omission that is also a violation of this section, 
the Secretary or administrative law judge shall 
mitigate any civil money penalty under this sec-
tion by the amount of the penalty imposed 
under section 274B. 
‘‘(F) EFFECTIVE DATE.—The civil money 
penalty amounts and the enhanced penalties 
provided by subparagraphs (A), (B), and (C) of 
this paragraph and by subsection (f)(2) shall 
apply to violations of this section committed on 
or after the date that is 1 year after the date 
of the enactment of the Border Security, Eco-
nomic Opportunity, and Immigration Mod-
ernization Act. For violations committed prior 
to such date of enactment, the civil money pen-
alty amounts provided by regulations imple-
menting this section as in effect the minute be-
fore such date of enactment with respect to 
knowing hiring or continuing employment, 
verification, or indemnity bond violations, as 
appropriate, shall apply. 
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595 
‘‘(5) ORDER OF INTERNAL REVIEW AND CER-
TIFICATION OF COMPLIANCE.— 
‘‘(A) EMPLOYER
COMPLIANCE.—If the 
Secretary has reasonable cause to believe that 
an employer has failed to comply with this sec-
tion, the Secretary is authorized, at any time, 
to require that the employer certify that it is in 
compliance with this section, or has instituted a 
program to come into compliance. 
‘‘(B) EMPLOYER CERTIFICATION.— 
‘‘(i) REQUIREMENT.—Except as pro-
vided in subparagraph (C), not later than 
60 days after receiving a notice from the 
Secretary requiring a certification under 
subparagraph (A), an official with respon-
sibility for, and authority to bind the com-
pany on, all hiring and immigration com-
pliance notices shall certify under penalty 
of perjury that the employer is in conform-
ance with the requirements of paragraphs 
(1) through (4) of subsection (c), per-
taining to document verification require-
ments, and with subsection (d), pertaining 
to the System (once the System is imple-
mented with respect to that employer ac-
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596 
cording to the requirements under sub-
section (d)(2)), and with any additional re-
quirements that the Secretary may promul-
gate by regulation pursuant to subsection 
(c) or (d) or that the employer has insti-
tuted a program to come into compliance 
with these requirements. 
‘‘(ii) APPLICATION.—Clause (i) shall 
not apply until the date that the Secretary 
certifies to Congress that the System has 
been established, implemented, and made 
mandatory for use by all employers in the 
United States. 
‘‘(C) EXTENSION OF DEADLINE.—At the 
request of the employer, the Secretary may ex-
tend the 60-day deadline for good cause. 
‘‘(D) STANDARDS OR METHODS.—The Sec-
retary is authorized to publish in the Federal 
Register standards or methods for such certifi-
cation, require specific recordkeeping practices 
with respect to such certifications, and audit 
the records thereof at any time. This authority 
shall not be construed to diminish or qualify 
any other penalty provided by this section. 
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597 
‘‘(6) REQUIREMENTS FOR REVIEW OF A FINAL 
DETERMINATION.—With respect to judicial review of 
a final determination or penalty order issued under 
paragraph (3)(D), the following requirements apply: 
‘‘(A) DEADLINE.—The petition for review 
must be filed no later than 30 days after the 
date of the final determination or penalty order 
issued under paragraph (3)(D). 
‘‘(B) VENUE
AND
FORMS.—The petition 
for review shall be filed with the court of ap-
peals for the judicial circuit where the employ-
er’s principal place of business was located 
when the final determination or penalty order 
was made. The record and briefs do not have 
to be printed. The court shall review the pro-
ceeding on a typewritten or electronically filed 
record and briefs. 
‘‘(C) SERVICE.—The respondent is the 
Secretary. In addition to serving the respond-
ent, the petitioner shall serve the Attorney Gen-
eral. 
‘‘(D) PETITIONER’S
BRIEF.—The peti-
tioner shall serve and file a brief in connection 
with a petition for judicial review not later than 
40 days after the date on which the administra-
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598 
tive record is available, and may serve and file 
a reply brief not later than 14 days after serv-
ice of the brief of the respondent, and the court 
may not extend these deadlines, except for good 
cause shown. If a petitioner fails to file a brief 
within the time provided in this paragraph, the 
court shall dismiss the appeal unless a manifest 
injustice would result. 
‘‘(E) SCOPE
AND
STANDARD
FOR
RE-
VIEW.—The court of appeals shall conduct a de 
novo review of the administrative record on 
which the final determination was based and 
any additional evidence that the Court finds 
was previously unavailable at the time of the 
administrative hearing. 
‘‘(F) EXHAUSTION
OF
ADMINISTRATIVE 
REMEDIES.—A court may review a final deter-
mination under paragraph (3)(C) only if— 
‘‘(i) the petitioner has exhausted all 
administrative remedies available to the pe-
titioner as of right, including any adminis-
trative remedies established by regulation, 
and 
‘‘(ii) another court has not decided 
the validity of the order, unless the review-
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599 
ing court finds that the petition presents 
grounds that could not have been pre-
sented in the prior judicial proceeding or 
that the remedy provided by the prior pro-
ceeding was inadequate or ineffective to 
test the validity of the order. 
‘‘(G) ENFORCEMENT OF ORDERS.—If the 
final determination issued against the employer 
under this subsection is not subjected to review 
as provided in this paragraph, the Attorney 
General, upon request by the Secretary, may 
bring a civil action to enforce compliance with 
the final determination in any appropriate dis-
trict court of the United States. The court, on 
a proper showing, shall issue a temporary re-
straining order or a preliminary or permanent 
injunction requiring that the employer comply 
with the final determination issued against that 
employer under this subsection. In any such 
civil action, the validity and appropriateness of 
the final determination shall not be subject to 
review. 
‘‘(7) CREATION OF LIEN.—If any employer lia-
ble for a fee or penalty under this section neglects 
or refuses to pay such liability after demand and 
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600 
fails to file a petition for review (if applicable) as 
provided in paragraph (6), the amount of the fee or 
penalty shall be a lien in favor of the United States 
on all property and rights to property, whether real 
or personal, belonging to such employer. If a petition 
for review is filed as provided in paragraph (6), the 
lien shall arise upon the entry of a final judgment 
by the court. The lien continues for 20 years or until 
the liability is satisfied, remitted, set aside, or termi-
nated. 
‘‘(8) FILING NOTICE OF LIEN.— 
‘‘(A) PLACE FOR FILING.—The notice of a 
lien referred to in paragraph (7) shall be filed 
as described in 1 of the following: 
‘‘(i) UNDER STATE LAWS.— 
‘‘(I) REAL
PROPERTY.—In the 
case of real property, in 1 office with-
in the State (or the county, or other 
governmental subdivision), as des-
ignated by the laws of such State, in 
which the property subject to the lien 
is situated. 
‘‘(II) PERSONAL PROPERTY.—In 
the case of personal property, whether 
tangible or intangible, in 1 office with-
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601 
in the State (or the county, or other 
governmental subdivision), as des-
ignated by the laws of such State, in 
which the property subject to the lien 
is situated, except that State law 
merely conforming to or reenacting 
Federal law establishing a national fil-
ing system does not constitute a sec-
ond office for filing as designated by 
the laws of such State. 
‘‘(ii) 
WITH
CLERK
OF
DISTRICT 
COURT.—In the office of the clerk of the 
United States district court for the judicial 
district in which the property subject to 
the lien is situated, whenever the State has 
not by law designated 1 office which meets 
the requirements of clause (i). 
‘‘(iii) WITH RECORDER OF DEEDS OF 
THE DISTRICT OF COLUMBIA.—In the of-
fice of the Recorder of Deeds of the Dis-
trict of Columbia, if the property subject to 
the lien is situated in the District of Co-
lumbia. 
‘‘(B) SITUS
OF
PROPERTY
SUBJECT
TO 
LIEN.—For purposes of subparagraph (A), 
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602 
property shall be deemed to be situated as fol-
lows: 
‘‘(i) REAL PROPERTY.—In the case of 
real property, at its physical location. 
‘‘(ii) PERSONAL
PROPERTY.—In the 
case of personal property, whether tangible 
or intangible, at the residence of the tax-
payer at the time the notice of lien is filed. 
‘‘(C) DETERMINATION
OF
RESIDENCE.— 
For purposes of subparagraph (B)(ii), the resi-
dence of a corporation or partnership shall be 
deemed to be the place at which the principal 
executive office of the business is located, and 
the residence of a taxpayer whose residence is 
outside the United States shall be deemed to be 
in the District of Columbia. 
‘‘(D) EFFECT
OF
FILING
NOTICE
OF 
LIEN.— 
‘‘(i) IN GENERAL.—Upon filing of a 
notice of lien in the manner described in 
this paragraph, the lien shall be valid 
against any purchaser, holder of a security 
interest, mechanic’s lien, or judgment lien 
creditor, except with respect to properties 
or transactions specified in subsection (b), 
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603 
(c), or (d) of section 6323 of the Internal 
Revenue Code of 1986 for which a notice 
of tax lien properly filed on the same date 
would not be valid. 
‘‘(ii) NOTICE OF LIEN.—The notice of 
lien shall be considered a notice of lien for 
taxes payable to the United States for the 
purpose of any State or local law providing 
for the filing of a notice of a tax lien. A 
notice of lien that is registered, recorded, 
docketed, or indexed in accordance with 
the rules and requirements relating to 
judgments of the courts of the State where 
the notice of lien is registered, recorded, 
docketed, or indexed shall be considered 
for all purposes as the filing prescribed by 
this section. 
‘‘(iii) OTHER PROVISIONS.—The pro-
visions of section 3201(e) of title 28, 
United States Code, shall apply to liens 
filed as prescribed by this paragraph. 
‘‘(E) ENFORCEMENT OF A LIEN.—A lien 
obtained through this paragraph shall be con-
sidered a debt as defined by section 3002 of 
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604 
title 28, United States Code and enforceable 
pursuant to chapter 176 of such title. 
‘‘(9) ATTORNEY
GENERAL
ADJUDICATION.— 
The Attorney General shall have jurisdiction to adju-
dicate administrative proceedings under this sub-
section. Such proceedings shall be conducted in ac-
cordance with requirements of section 554 of title 5, 
United States Code. 
‘‘(f) CRIMINAL AND CIVIL PENALTIES AND INJUNC-
TIONS.— 
‘‘(1) PROHIBITION OF INDEMNITY BONDS.—It 
is unlawful for an employer, in the hiring of any in-
dividual, to require the individual to post a bond or 
security, to pay or agree to pay an amount, or other-
wise to provide a financial guarantee or indemnity, 
against any potential liability arising under this sec-
tion relating to such hiring of the individual. 
‘‘(2) CIVIL PENALTY.—Any employer who is de-
termined, after notice and opportunity for mitigation 
of the monetary penalty under subsection (e), to 
have violated paragraph (1) shall be subject to a 
civil penalty of $10,000 for each violation and to an 
administrative order requiring the return of any 
amounts received in violation of such paragraph to 
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605 
the employee or, if the employee cannot be located, 
to the general fund of the Treasury. 
‘‘(g) GOVERNMENT CONTRACTS.— 
‘‘(1) CONTRACTORS AND RECIPIENTS.—When-
ever an employer who is a Federal contractor (mean-
ing an employer who holds a Federal contract, 
grant, or cooperative agreement, or reasonably may 
be expected to submit an offer for or be awarded a 
government contract) is determined by the Secretary 
to have violated this section on more than 3 occa-
sions or is convicted of a crime under this section, 
the employer shall be considered for debarment from 
the receipt of Federal contracts, grants, or coopera-
tive agreements in accordance with the procedures 
and standards and for the periods prescribed by the 
Federal Acquisition Regulation. However, any ad-
ministrative determination of liability for civil pen-
alty by the Secretary or the Attorney General shall 
not be reviewable in any debarment proceeding. 
‘‘(2) INADVERTENT
VIOLATIONS.—Inadvertent 
violations of recordkeeping or verification require-
ments, in the absence of any other violations of this 
section, shall not be a basis for determining that an 
employer is a repeat violator for purposes of this 
subsection. 
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606 
‘‘(3) OTHER REMEDIES AVAILABLE.—Nothing 
in this subsection shall be construed to modify or 
limit any remedy available to any agency or official 
of the Federal Government for violation of any con-
tractual requirement to participate in the System, as 
provided in the final rule relating to employment eli-
gibility verification published in the Federal Register 
on November 14, 2008 (73 Fed. Reg. 67,651), or 
any similar subsequent regulation. 
‘‘(h) PREEMPTION.—The provisions of this section 
preempt any State or local law, ordinance, policy, or rule, 
including any criminal or civil fine or penalty structure, 
relating to the hiring, continued employment, or status 
verification for employment eligibility purposes, of unau-
thorized aliens. A State, locality, municipality, or political 
subdivision may exercise its authority over business licens-
ing and similar laws as a penalty for failure to use the 
System. 
‘‘(i) DEPOSIT OF AMOUNTS RECEIVED.—Except as 
otherwise specified, civil penalties collected under this sec-
tion shall be deposited by the Secretary into the Com-
prehensive Immigration Reform Trust Fund established 
under section 9(a)(1) of the Border Security, Economic 
Opportunity, and Immigration Modernization Act. 
‘‘(j) CHALLENGES TO VALIDITY OF THE SYSTEM.— 
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607 
‘‘(1) IN GENERAL.—Any right, benefit, or claim 
not otherwise waived or limited pursuant to this sec-
tion is available in an action instituted in the United 
States District Court for the District of Columbia, 
but shall be limited to determinations of— 
‘‘(A) whether this section, or any regula-
tion issued to implement this section, violates 
the Constitution of the United States; or 
‘‘(B) whether such a regulation issued by 
or under the authority of the Secretary to im-
plement this section, is contrary to applicable 
provisions of this section or was issued in viola-
tion of chapter 5 of title 5, United States Code. 
‘‘(2) DEADLINES
FOR
BRINGING
ACTIONS.— 
Any action instituted under this subsection must be 
filed no later than 180 days after the date the chal-
lenged section or regulation described in subpara-
graph (A) or (B) of paragraph (1) becomes effective. 
No court shall have jurisdiction to review any chal-
lenge described in subparagraph (B) after the time 
period specified in this subsection expires. 
‘‘(k) CRIMINAL PENALTIES AND INJUNCTIONS FOR 
PATTERN OR PRACTICE VIOLATIONS.— 
‘‘(1) PATTERN AND PRACTICE.—Any employer 
who engages in a pattern or practice of knowing vio-
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608 
lations of subsection (a)(1)(A) or (a)(2) shall be 
fined under title 18, United States Code, no more 
than $10,000 for each unauthorized alien with re-
spect to whom such violation occurs, imprisoned for 
not more than 2 years for the entire pattern or prac-
tice, or both. 
‘‘(2) TERM OF IMPRISONMENT.—The maximum 
term of imprisonment of a person convicted of any 
criminal offense under the United States Code shall 
be increased by 5 years if the offense is committed 
as part of a pattern or practice of violations of sub-
section (a)(1)(A) or (a)(2). 
‘‘(3) ENJOINING
OF
PATTERN
OR
PRACTICE 
VIOLATIONS.—Whenever the Secretary or the Attor-
ney General has reasonable cause to believe that an 
employer is engaged in a pattern or practice of em-
ployment in violation of subsection (a)(1)(A) or 
(a)(2), the Attorney General may bring a civil action 
in the appropriate district court of the United States 
requesting such relief, including a permanent or 
temporary injunction, restraining order, or other 
order against the employer, as the Secretary or At-
torney General deems necessary. 
‘‘(l) CRIMINAL PENALTIES
FOR UNLAWFUL
AND 
ABUSIVE EMPLOYMENT.— 
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609 
‘‘(1) IN
GENERAL.—Any person who, during 
any 12-month period, knowingly employs or hires, 
employs, recruits, or refers for a fee for employment 
10 or more individuals within the United States who 
are under the control and supervision of such per-
son— 
‘‘(A) knowing that the individuals are un-
authorized aliens; and 
‘‘(B) under conditions that violate section 
5(a) of the Occupational Safety and Health Act 
of 1970 (29 U.S.C. 654(a) (relating to occupa-
tional safety and health), section 6 or 7 of the 
Fair Labor Standards Act of 1938 (29 U.S.C. 
206 and 207) (relating to minimum wages and 
maximum hours of employment), section 3142 
of title 40, United States Code, (relating to re-
quired wages on construction contracts), or sec-
tions 6703 or 6704 of title 41, United States 
Code, (relating to required wages on service 
contracts), 
shall be fined under title 18, United States Code, or 
imprisoned for not more than 10 years, or both. 
‘‘(2) ATTEMPT AND CONSPIRACY.—Any person 
who attempts or conspires to commit any offense 
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610 
under this section shall be punished in the same 
manner as a person who completes the offense.’’. 
(b) REPORT ON USE OF THE SYSTEM IN THE AGRI-
CULTURAL INDUSTRY.—Not later than 18 months after 
the date of the enactment of this Act, the Secretary, in 
consultation with the Secretary of Agriculture, shall sub-
mit a report to Congress that assesses implementation of 
the Employment Verification System established under 
section 274A(d) of the Immigration and Nationality Act, 
as amended by subsection (a), in the agricultural industry, 
including the use of such System technology in agriculture 
industry hiring processes, user, contractor, and third- 
party employer agent employment practices, timing and 
logistics 
regarding 
employment 
verification 
and 
reverification processes to meet agriculture industry prac-
tices, and identification of potential challenges and modi-
fications to meet the unique needs of the agriculture in-
dustry. Such report shall review— 
(1) the modality of access, training and out-
reach, customer support, processes for further action 
notices and secondary verifications for short-term 
workers, monitoring, and compliance procedures for 
such System; 
(2) the interaction of such System with the 
process to admit nonimmigrant workers pursuant to 
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611 
section 218 or 218A of the Immigration and Nation-
ality Act (8 U.S.C. 1188 et seq.) and with enforce-
ment of the immigration laws; and 
(3) the collaborative use of processes of other 
Federal and State agencies that intersect with the 
agriculture industry. 
(c) REPORT ON IMPACT OF THE SYSTEM ON EM-
PLOYERS.—Not later than 18 months after the date of 
the enactment of this Act, the Secretary shall submit to 
Congress a report that assesses— 
(1) the implementation of the Employment 
Verification 
System 
established 
under 
section 
274A(d) of the Immigration and Nationality Act, as 
amended by subsection (a), by employers; 
(2) any adverse impact on the revenues, busi-
ness processes, or profitability of employers required 
to use such System; and 
(3) the economic impact of such System on 
small businesses. 
(d) GOVERNMENT ACCOUNTABILITY OFFICE STUDY 
OF THE EFFECTS OF DOCUMENT REQUIREMENTS ON EM-
PLOYMENT AUTHORIZED PERSONS AND EMPLOYERS.— 
(1) STUDY.—The Comptroller General of the 
United States shall carry out a study of— 
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(A) the effects of the documentary require-
ments of section 274A of the Immigration and 
Nationality Act, as amended by subsection (a), 
on employers, naturalized United States citi-
zens, nationals of the United States, and indi-
viduals with employment authorized status; and 
(B) the challenges such employers, citizens, 
nationals, or individuals may face in obtaining 
the documentation required under that section. 
(2) REPORT.—Not later than 4 years after the 
date of the enactment of this Act, the Comptroller 
General shall submit to Congress a report containing 
the findings of the study carried out under para-
graph (1). Such report shall include, at a minimum, 
the following: 
(A) An assessment of available information 
regarding the number of working age nationals 
of the United States and individuals who have 
employment authorized status who lack docu-
ments required for employment by such section 
274A. 
(B) A description of the additional steps 
required for individuals who have employment 
authorized status and do not possess the docu-
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613 
ments required by such section 274A to obtain 
such documents. 
(C) A general assessment of the average fi-
nancial costs for individuals who have employ-
ment authorized status who do not possess the 
documents required by such section 274A to ob-
tain such documents. 
(D) A general assessment of the average 
financial costs and challenges for employers 
who have been required to participate in the 
Employment Verification System established by 
subsection (d) of such section 274A. 
(E) A description of the barriers to indi-
viduals who have employment authorized status 
in obtaining the documents required by such 
section 274A, including barriers imposed by the 
executive branch of the Government. 
(F) Any particular challenges facing indi-
viduals who have employment authorized status 
who are members of a federally recognized In-
dian tribe in complying with the provisions of 
such section 274A. 
(e) REPEAL OF PILOT PROGRAMS AND E-VERIFY 
AND TRANSITION PROCEDURES.— 
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614 
(1) REPEAL.—Sections 401, 402, 403, 404, 
and 405 of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (division C of 
Public Law 104–208; 8 U.S.C. 1324a note) are re-
pealed. 
(2) TRANSITION PROCEDURES.— 
(A) CONTINUATION
OF
E-VERIFY
PRO-
GRAM.—Notwithstanding the repeals made by 
paragraph (1), the Secretary shall continue to 
operate the E-Verify Program as described in 
section 403 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (di-
vision C of Public Law 104–208; 8 U.S.C. 
1324a note), as in effect the minute before the 
date of the enactment of this Act, until the 
transition to the System described in section 
274A(d) of the Immigration and Nationality 
Act, as amended by subsection (a), is deter-
mined by the Secretary to be complete. 
(B) TRANSITION
TO
THE
SYSTEM.—Any 
employer who was participating in the E-Verify 
Program described in section 403 of the Illegal 
Immigration Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 
104–208; 8 U.S.C. 1324a note), as in effect the 
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minute before the date of the enactment of this 
Act, shall participate in the System described in 
section 274A(d) of the Immigration and Na-
tionality Act, as amended by subsection (a), to 
the same extent and in the same manner that 
the employer participated in such E-Verify Pro-
gram. 
(3) CONSTRUCTION.—The repeal made by para-
graph (1) may not be construed to limit the author-
ity of the Secretary to allow or continue to allow the 
participation in such System of employers who have 
participated in such E-Verify Program, as in effect 
on the minute before the date of the enactment of 
this Act. 
(f) CONFORMING AMENDMENT.—Section 274(a) (8 
U.S.C. 1324(a)) is amended— 
(1) by striking paragraph (3); and 
(2) by redesignating paragraph (4) as para-
graph (3). 
SEC. 3102. INCREASING SECURITY AND INTEGRITY OF SO-
CIAL SECURITY CARDS. 
(a) FRAUD-RESISTANT, TAMPER-RESISTANT, WEAR- 
RESISTANT, AND IDENTITY THEFT-RESISTANT SOCIAL 
SECURITY CARDS.— 
(1) ISSUANCE.— 
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(A) PRELIMINARY WORK.—Not later than 
180 days after the date of the enactment of this 
Act, the Commissioner of Social Security shall 
begin work to administer and issue fraud-resist-
ant, tamper-resistant, wear-resistant, and iden-
tity theft-resistant social security cards. 
(B) COMPLETION.—Not later than 5 years 
after the date of the enactment of this Act, the 
Commissioner of Social Security shall issue only 
social security cards determined to be fraud-re-
sistant, tamper-resistant, wear-resistant, and 
identity theft-resistant. 
(2) AMENDMENT.— 
(A) IN GENERAL.—Section 205(c)(2)(G) of 
the 
Social 
Security 
Act 
(42 
U.S.C. 
405(c)(2)(G)) is amended by striking the sec-
ond sentence and inserting the following: ‘‘The 
social security card shall be fraud-resistant, 
tamper-resistant, wear-resistant, and identity 
theft-resistant.’’. 
(B) EFFECTIVE
DATE.—The amendment 
made by subparagraph (A) shall take effect on 
the date that is 5 years after the date of the 
enactment of this Act. 
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(3) AUTHORIZATION
OF
APPROPRIATION.— 
There are authorized to be appropriated, from the 
Comprehensive Immigration Reform Trust Fund es-
tablished under section 9(a)(1), such sums as may 
be necessary to carry out this section and the 
amendments made by this section. 
(4) EMERGENCY DESIGNATION FOR CONGRES-
SIONAL
ENFORCEMENT.—In the Senate, amounts 
made available under this subsection are designated 
as an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 
2010. 
(5) EMERGENCY DESIGNATION FOR STATUTORY 
PAYGO.—Amounts made available under this sub-
section are designated as an emergency requirement 
under section 4(g) of the Statutory Pay-As-You-Go 
Act of 2010 (Public Law 111–139; 2 U.S.C. 
933(g)). 
(b) MULTIPLE CARDS.—Section 205(c)(2)(G) of the 
Social Security Act (42 U.S.C. 405(c)(2)(G)), as amended 
by subsection (a)(2), is amended— 
(1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and 
(2) by adding at the end the following: 
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‘‘(ii) The Commissioner of Social Security shall re-
strict the issuance of multiple replacement social security 
cards to any individual to 3 per year and 10 for the life 
of the individual, except that the Commissioner may allow 
for reasonable exceptions from the limits under this clause 
on a case-by-case basis in compelling circumstances.’’. 
(c) CRIMINAL PENALTIES.— 
(1) SOCIAL SECURITY FRAUD.— 
(A) IN GENERAL.—Chapter 47 of title 18, 
United States Code, is amended by inserting at 
the end the following: 
‘‘§ 1041. Social security fraud 
‘‘Any person who— 
‘‘(1) knowingly possesses or uses a social secu-
rity account number or social security card knowing 
that the number or card was obtained from the 
Commissioner of Social Security by means of fraud 
or false statement; 
‘‘(2) knowingly and falsely represents a number 
to be the social security account number assigned by 
the Commissioner of Social Security to him or her 
or to another person, when such number is known 
not to be the social security account number as-
signed by the Commissioner of Social Security to 
him or her or to such other person; 
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‘‘(3) knowingly, and without lawful authority, 
buys, sells, or possesses with intent to buy or sell a 
social security account number or a social security 
card that is or purports to be a number or card 
issued by the Commissioner of Social Security; 
‘‘(4) knowingly alters, counterfeits, forges, or 
falsely makes a social security account number or a 
social security card; 
‘‘(5) knowingly uses, distributes, or transfers a 
social security account number or a social security 
card knowing the number or card to be intentionally 
altered, counterfeited, forged, falsely made, or sto-
len; or 
‘‘(6) without lawful authority, knowingly pro-
duces or acquires for any person a social security ac-
count number, a social security card, or a number 
or card that purports to be a social security account 
number or social security card, 
shall be fined under this title, imprisoned not more than 
5 years, or both.’’. 
(B) TABLE OF SECTIONS AMENDMENT.— 
The table of sections for chapter 47 of title 18, 
United States Code, is amended by adding after 
the item relating to section 1040 the following: 
‘‘1041. Social security fraud.’’. 
(2) INFORMATION DISCLOSURE.— 
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(A) IN
GENERAL.—Notwithstanding any 
other provision of law and subject to subpara-
graph (B), the Commissioner of Social Security 
shall disclose for the purpose of investigating a 
violation of section 1041 of title 18, United 
States Code, or section 274A, 274B, or 274C 
of the Immigration and Nationality Act (8 
U.S.C. 1324a, 1324b, and 1324c), after receiv-
ing a written request from an officer in a super-
visory position or higher official of any Federal 
law enforcement agency, the following records 
of the Social Security Administration: 
(i) Records concerning the identity, 
address, location, or financial institution 
accounts of the holder of a social security 
account number or social security card. 
(ii) Records concerning the applica-
tion for and issuance of a social security 
account number or social security card. 
(iii) Records concerning the existence 
or nonexistence of a social security account 
number or social security card. 
(B) LIMITATION.—The Commissioner of 
Social Security shall not disclose any tax return 
or tax return information pursuant to subpara-
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621 
graph (A) except as authorized by section 6103 
of the Internal Revenue Code of 1986. 
SEC. 3103. INCREASING SECURITY AND INTEGRITY OF IM-
MIGRATION DOCUMENTS. 
Not later than 1 year after the date of the enactment 
of this Act, the Secretary shall submit a report to Con-
gress on the feasibility, advantages, and disadvantages of 
including, in addition to a photograph, other biometric in-
formation on each employment authorization document 
issued by the Department. 
SEC. 3104. RESPONSIBILITIES OF THE SOCIAL SECURITY 
ADMINISTRATION. 
Title XI of the Social Security Act (42 U.S.C. 1301 
et seq.) is amended by adding at the end the following 
new part: 
‘‘PART E—EMPLOYMENT VERIFICATION 
‘‘RESPONSIBILITIES OF THE COMMISSIONER OF SOCIAL 
SECURITY 
‘‘SEC. 1186. (a) CONFIRMATION OF EMPLOYMENT 
VERIFICATION
DATA.—As part of the employment 
verification system established by the Secretary of Home-
land Security under the provisions of section 274A of the 
Immigration and Nationality Act (8 U.S.C. 1324a) (in 
this section referred to as the ‘System’), the Commissioner 
of Social Security shall, subject to the provisions of section 
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274A(d) of the Immigration and Nationality Act (8 U.S.C. 
1324a(d)), establish a reliable, secure method that, oper-
ating through the System and within the time periods 
specified in section 274A(d) of such Act— 
‘‘(1) compares the name, date of birth, social 
security account number, and available citizenship 
information provided in an inquiry against such in-
formation maintained by the Commissioner in order 
to confirm (or not confirm) the validity of the infor-
mation provided regarding an individual whose iden-
tity and employment eligibility must be confirmed; 
‘‘(2) determines the correspondence of the 
name, date of birth, and number; 
‘‘(3) determines whether the name and number 
belong to an individual who is deceased according to 
the records maintained by the Commissioner; 
‘‘(4) determines whether an individual is a na-
tional of the United States, as defined in section 
101(a)(22) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(22)); and 
‘‘(5) determines whether the individual has pre-
sented a social security account number that is not 
valid for employment. 
‘‘(b) PROHIBITION.—The System shall not disclose or 
release social security information to employers through 
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the confirmation system (other than such confirmation or 
nonconfirmation, information provided by the employer to 
the System, or the reason for the issuance of a further 
action notice).’’. 
SEC. 3105. IMPROVED PROHIBITION ON DISCRIMINATION 
BASED ON NATIONAL ORIGIN OR CITIZEN-
SHIP STATUS. 
(a) IN
GENERAL.—Section 274B(a) (8 U.S.C. 
1324b(a)) is amended to read as follows: 
‘‘(a) PROHIBITION ON DISCRIMINATION BASED ON 
NATIONAL ORIGIN OR CITIZENSHIP STATUS.— 
‘‘(1) PROHIBITION
ON
DISCRIMINATION
GEN-
ERALLY.—It is an unfair immigration-related em-
ployment practice for a person, other entity, or em-
ployment agency, to discriminate against any indi-
vidual (other than an unauthorized alien defined in 
section 274A(b)) because of such individual’s na-
tional origin or citizenship status, with respect to the 
following: 
‘‘(A) The hiring of the individual for em-
ployment. 
‘‘(B) The verification of the individual’s 
eligibility to work in the United States. 
‘‘(C) The discharging of the individual 
from employment. 
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‘‘(2) EXCEPTIONS.—Paragraph (1) shall not 
apply to the following: 
‘‘(A) A person, other entity, or employer 
that employs 3 or fewer employees, except for 
an employment agency. 
‘‘(B) A person’s or entity’s discrimination 
because of an individual’s national origin if the 
discrimination with respect to that employer, 
person, or entity and that individual is covered 
under section 703 of the Civil Rights Act of 
1964 (42 U.S.C. 2000e–2), unless the discrimi-
nation is related to an individual’s verification 
of employment authorization. 
‘‘(C) Discrimination because of citizenship 
status which— 
‘‘(i) is otherwise required in order to 
comply with a provision of Federal, State, 
or local law related to law enforcement; 
‘‘(ii) is required by Federal Govern-
ment contract; or 
‘‘(iii) the Secretary or Attorney Gen-
eral determines to be essential for an em-
ployer to do business with an agency or de-
partment of the Federal Government or a 
State, local, or tribal government. 
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‘‘(3) 
ADDITIONAL
EXCEPTION
PROVIDING 
RIGHT TO PREFER EQUALLY QUALIFIED CITIZENS.— 
Notwithstanding any other provision of this section, 
it is not an unfair immigration-related employment 
practice for an employer (as defined in section 
274A(b)) to prefer to hire, recruit, or refer for a fee 
an individual who is a citizen or national of the 
United States over another individual who is an 
alien if the 2 individuals are equally qualified. 
‘‘(4) UNFAIR IMMIGRATION-RELATED EMPLOY-
MENT PRACTICES RELATING TO THE SYSTEM.—It is 
also an unfair immigration-related employment prac-
tice for a person, other entity, or employment agen-
cy— 
‘‘(A) to discharge or constructively dis-
charge an individual solely due to a further ac-
tion 
notice 
issued 
by 
the 
Employment 
Verification System created by section 274A 
until the administrative appeal described in sec-
tion 274A(d)(6) is completed; 
‘‘(B) to use the System with regard to any 
person for any purpose except as authorized by 
section 274A(d); 
‘‘(C) to use the System to reverify the em-
ployment authorization of a current employee, 
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including an employee continuing in employ-
ment, other than reverification upon expiration 
of employment authorization, or as otherwise 
authorized under section 274A(d) or by regula-
tion; 
‘‘(D) to use the System selectively for em-
ployees, except where authorized by law; 
‘‘(E) to fail to provide to an individual any 
notice required in section 274A(d) within the 
relevant time period; 
‘‘(F) to use the System to deny workers’ 
employment or post-employment benefits; 
‘‘(G) to misuse the System to discriminate 
based on national origin or citizenship status; 
‘‘(H) to require an employee or prospective 
employee to use any self-verification feature of 
the System or provide, as a condition of appli-
cation or employment, any self-verification re-
sults; 
‘‘(I) 
to 
use 
an 
immigration 
status 
verification system, service, or method other 
than those described in section 274A for pur-
poses of verifying employment eligibility; or 
‘‘(J) 
to 
grant 
access 
to 
document 
verification or System data, to any individual or 
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627 
entity other than personnel authorized to have 
such access, or to fail to take reasonable safe-
guards to protect against unauthorized loss, 
use, alteration, or destruction of System data. 
‘‘(5) PROHIBITION OF INTIMIDATION OR RETAL-
IATION.—It is also an unfair immigration-related 
employment practice for a person, other entity, or 
employment agency to intimidate, threaten, coerce, 
or retaliate against any individual— 
‘‘(A) for the purpose of interfering with 
any right or privilege secured under this sec-
tion; or 
‘‘(B) because the individual intends to file 
or has filed a charge or a complaint, testified, 
assisted, or participated in any manner in an 
investigation, proceeding, or hearing under this 
section. 
‘‘(6) TREATMENT OF CERTAIN DOCUMENTARY 
PRACTICES
AS
EMPLOYMENT
PRACTICES.—A per-
son’s, other entity’s, or employment agency’s re-
quest, for purposes of verifying employment eligi-
bility, for more or different documents than are re-
quired under section 274A, or for specific docu-
ments, or refusing to honor documents tendered that 
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reasonably appear to be genuine shall be treated as 
an unfair immigration-related employment practice. 
‘‘(7) PROHIBITION OF WITHHOLDING EMPLOY-
MENT
RECORDS.—It is an unfair immigration-re-
lated employment practice for an employer that is 
required under Federal, State, or local law to main-
tain records documenting employment, including 
dates or hours of work and wages received, to fail 
to provide such records to any employee upon re-
quest. 
‘‘(8) PROFESSIONAL, COMMERCIAL, AND BUSI-
NESS LICENSES.—An individual who is authorized to 
be employed in the United States may not be denied 
a professional, commercial, or business license on 
the basis of his or her immigration status. 
‘‘(9) EMPLOYMENT AGENCY DEFINED.—In this 
section, the term ‘employment agency’ means any 
employer, person, or entity regularly undertaking 
with or without compensation to procure employees 
for an employer or to procure for employees oppor-
tunities to work for an employer and includes an 
agent of such employer, person, or entity.’’. 
(b) REFERRAL
BY EEOC.—Section 274B(b) (8 
U.S.C. 1324b(b)) is amended by adding at the end the 
following: 
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629 
‘‘(3) REFERRAL BY EEOC.—The Equal Employ-
ment Opportunity Commission shall refer all matters 
alleging 
immigration-related 
unfair 
employment 
practices filed with the Commission, including those 
alleging violations of paragraphs (1), (4), (5), and 
(6) of subsection (a) to the Special Counsel for Im-
migration-Related Unfair Employment Practices of 
the Department of Justice.’’. 
(c) AUTHORIZATION OF APPROPRIATIONS.—Section 
274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by striking 
the period at the end and inserting ‘‘and an additional 
$40,000,000 for each of fiscal years 2014 through 2016.’’. 
(d) FINES.— 
(1) IN
GENERAL.—Section 274B(g)(2)(B) (8 
U.S.C. 1324b(g)(2)(B)) is amended by striking 
clause (iv) and inserting the following: 
‘‘(iv) to pay any applicable civil pen-
alties prescribed below, the amounts of 
which may be adjusted periodically to ac-
count for inflation as provided by law— 
‘‘(I) except as provided in sub-
clauses (II) through (IV), to pay a 
civil penalty of not less than $2,000 
and not more than $5,000 for each in-
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630 
dividual subjected to an unfair immi-
gration-related employment practice; 
‘‘(II) except as provided in sub-
clauses (III) and (IV), in the case of 
an employer, person, or entity pre-
viously subject to a single order under 
this paragraph, to pay a civil penalty 
of not less than $4,000 and not more 
than $10,000 for each individual sub-
jected to an unfair immigration-re-
lated employment practice; 
‘‘(III) except as provided in sub-
clause (IV), in the case of an em-
ployer, person, or entity previously 
subject to more than 1 order under 
this paragraph, to pay a civil penalty 
of not less than $8,000 and not more 
than $25,000 for each individual sub-
jected to an unfair immigration-re-
lated employment practice; and 
‘‘(IV) in the case of an unfair im-
migration-related employment practice 
described in paragraphs (4) through 
(7) of subsection (a), to pay a civil 
penalty of not less than $500 and not 
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more than $2,000 for each individual 
subjected to an unfair immigration-re-
lated employment practice.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect on the date that 
is 1 year after the date of the enactment of this Act 
and apply to violations occurring on or after such 
date of enactment. 
SEC. 3106. RULEMAKING. 
(a) INTERIM FINAL REGULATIONS.— 
(1) IN GENERAL.—Not later than 1 year after 
the date of the enactment of this Act— 
(A) the Secretary, shall issue regulations 
implementing sections 3101 and 3104 and the 
amendments made by such sections (except for 
section 274A(d)(7) of the Immigration and Na-
tionality Act); and 
(B) the Attorney General shall issue regu-
lations implementing section 274A(d)(7) of the 
Immigration and Nationality Act, as added by 
section 3101, section 3105, and the amend-
ments made by such sections. 
(2) EFFECTIVE DATE.—Regulations issued pur-
suant to paragraph (1) shall be effective immediately 
on an interim basis, but are subject to change and 
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632 
revision after public notice and opportunity for a pe-
riod for public comment. 
(b) FINAL REGULATIONS.—Within a reasonable time 
after publication of the interim regulations under sub-
section (a), the Secretary, in consultation with the Com-
missioner of Social Security and the Attorney General, 
shall publish final regulations implementing this subtitle. 
SEC. 3107. OFFICE OF THE SMALL BUSINESS AND EM-
PLOYEE ADVOCATE. 
(a) ESTABLISHMENT OF SMALL BUSINESS AND EM-
PLOYEE ADVOCATE.—The Secretary shall establish and 
maintain within U.S. Citizenship and Immigration Serv-
ices the Office of the Small Business and Employee Advo-
cate (in this section referred to as the ‘‘Office’’). The pur-
pose of the Office shall be to assist small businesses and 
individuals in complying with the requirements of section 
274A of the Immigration and Nationality Act (8 U.S.C. 
1324a), as amended by this Act, including the resolution 
of conflicts arising in the course of attempted compliance 
with such requirements. 
(b) FUNCTIONS.—The functions of the Office shall 
include, but not be limited to, the following: 
(1) Informing small businesses and individuals 
about the verification practices required by section 
274A of the Immigration and Nationality Act, in-
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cluding, but not limited to, the document verification 
requirements and the employment verification sys-
tem requirements under subsections (c) and (d) of 
that section. 
(2) Assisting small businesses and individuals 
in addressing allegedly erroneous further action no-
tices and nonconfirmations issued under subsection 
(d) of section 274A of the Immigration and Nation-
ality Act. 
(3) Informing small businesses and individuals 
of the financial liabilities and criminal penalties that 
apply to violations and failures to comply with the 
requirements of section 274A of the Immigration 
and Nationality Act, including, but not limited to, by 
issuing best practices for compliance with that sec-
tion. 
(4) To the extent practicable, proposing 
changes to the Secretary in the administrative prac-
tices of the employment verification system required 
under subsection (d) of section 274A of the Immi-
gration and Nationality Act to mitigate the problems 
identified under paragraph (2). 
(5) Making recommendations through the Sec-
retary to Congress for legislative action to mitigate 
such problems. 
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634 
(c) AUTHORITY TO ISSUE ASSISTANCE ORDER.— 
(1) IN GENERAL.—Upon application filed by a 
small business or individual with the Office (in such 
form, manner, and at such time as the Secretary 
shall by regulations prescribe), the Office may issue 
an assistance order if— 
(A) the Office determines the small busi-
ness or individual is suffering or about to suffer 
a significant hardship as a result of the manner 
in which the employment verification laws 
under subsections (c) and (d) of section 274A 
of the Immigration and Nationality Act are 
being administered by the Secretary; or 
(B) the small business or individual meets 
such other requirements as are set forth in reg-
ulations prescribed by the Secretary. 
(2) DETERMINATION OF HARDSHIP.—For pur-
poses of paragraph (1), a significant hardship shall 
include— 
(A) an immediate threat of adverse action; 
(B) a delay of more than 60 days in resolv-
ing employment verification system problems; 
(C) the incurring by the small business or 
individual of significant costs if relief is not 
granted; or 
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635 
(D) irreparable injury to, or a long-term 
adverse impact on, the small business or indi-
vidual if relief is not granted. 
(3) STANDARDS WHEN ADMINISTRATIVE GUID-
ANCE NOT FOLLOWED.—In cases where a U.S. Citi-
zenship and Immigration Services employee is not 
following applicable published administrative guid-
ance, the Office shall construe the factors taken into 
account in determining whether to issue an assist-
ance order under this subsection in the manner most 
favorable to the small business or individual. 
(4) TERMS OF ASSISTANCE ORDER.—The terms 
of an assistance order under this subsection may re-
quire the Secretary within a specified time period— 
(A) to determine whether any employee is 
or is not authorized to work in the United 
States; or 
(B) to abate any penalty under section 
274A of the Immigration and Nationality Act 
that the Office determines is arbitrary, capri-
cious, or disproportionate to the underlying of-
fense. 
(5) AUTHORITY TO MODIFY OR RESCIND.—Any 
assistance order issued by the Office under this sub-
section may be modified or rescinded— 
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636 
(A) only by the Office, the Director or 
Deputy Director of U.S. Citizenship and Immi-
gration Services, or the Secretary or the Sec-
retary’s designee; and 
(B) if rescinded by the Director or Deputy 
Director of U.S. Citizenship and Immigration 
Services, only if a written explanation of the 
reasons of such official for the modification or 
rescission is provided to the Office. 
(6) SUSPENSION OF RUNNING OF PERIOD OF 
LIMITATION.—The running of any period of limita-
tion with respect to an action described in paragraph 
(4)(A) shall be suspended for— 
(A) the period beginning on the date of the 
small business or individual’s application under 
paragraph (1) and ending on the date of the 
Office’s decision with respect to such applica-
tion; and 
(B) any period specified by the Office in 
an assistance order issued under this subsection 
pursuant to such application. 
(7) INDEPENDENT ACTION OF OFFICE.—Noth-
ing in this subsection shall prevent the Office from 
taking any action in the absence of an application 
under paragraph (1). 
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637 
(d) ACCESSIBILITY TO THE PUBLIC.— 
(1) IN PERSON, ONLINE, AND TELEPHONE AS-
SISTANCE.—The Office shall provide information 
and assistance specified in subsection (b) in person 
at locations designated by the Secretary, online 
through an Internet website of the Department 
available to the public, and by telephone. 
(2) AVAILABILITY
TO
ALL
EMPLOYERS.—In 
making information and assistance available, the Of-
fice shall prioritize the needs of small businesses and 
individuals. However, the information and assistance 
available through the Office shall be available to any 
employer. 
(e) AVOIDING DUPLICATION THROUGH COORDINA-
TION.—In the discharge of the functions of the Office, the 
Secretary shall consult with the Secretary of Labor, the 
Secretary of Agriculture, the Commissioner, the Attorney 
General, the Equal Employment Opportunity Commission, 
and the Administrator of the Small Business Administra-
tion in order to avoid duplication of efforts across the Fed-
eral Government. 
(f) DEFINITIONS.—In this section: 
(1) The term ‘‘employer’’ has the meaning 
given that term in section 274A(b) of the Immigra-
tion and Nationality Act. 
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638 
(2) The term ‘‘small business’’ means an em-
ployer with 49 or fewer employees. 
(g) FUNDING.—There shall be appropriated, from the 
Comprehensive Immigration Reform Trust Fund estab-
lished by section 9(a)(1) of this Act, such sums as may 
be necessary to carry out the functions of the Office. 
Subtitle B—Protecting United 
States Workers 
SEC. 3201. PROTECTIONS FOR VICTIMS OF SERIOUS VIOLA-
TIONS OF LABOR AND EMPLOYMENT LAW OR 
CRIME. 
(a) IN GENERAL.—Section 101(a)(15)(U) (8 U.S.C. 
1101(a)(15)(U)) is amended— 
(1) in clause (i)— 
(A) by amending subclause (I) to read as 
follows: 
‘‘(I) the alien— 
‘‘(aa) has suffered substantial 
physical or mental abuse or substan-
tial harm as a result of having been a 
victim of criminal activity described in 
clause (iii) or of a covered violation 
described in clause (iv); or 
‘‘(bb) is a victim of criminal ac-
tivity described in clause (iii) or of a 
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639 
covered violation described in clause 
(iv) and would suffer extreme hard-
ship upon removal;’’; 
(B) in subclause (II), by inserting ‘‘, or a 
covered violation resulting in a claim described 
in clause (iv) that is not the subject of a frivo-
lous lawsuit by the alien’’ before the semicolon 
at the end; and 
(C) by amending subclauses (III) and (IV) 
to read as follows: 
‘‘(III) the alien (or in the case of an 
alien child who is younger than 16 years of 
age, the parent, legal guardian, or next 
friend of the alien) has been helpful, is 
being helpful, or is likely to be helpful to— 
‘‘(aa) a Federal, State, or local 
law enforcement official, a Federal, 
State, or local prosecutor, a Federal, 
State, or local judge, the Department 
of Homeland Security, the Equal Em-
ployment Opportunity Commission, 
the Department of Labor, or other 
Federal, State, or local authorities in-
vestigating or prosecuting criminal ac-
tivity described in clause (iii); or 
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‘‘(bb) any Federal, State, or local 
governmental agency or judge inves-
tigating, prosecuting, or seeking civil 
remedies for any cause of action, 
whether criminal, civil, or administra-
tive, arising from a covered violation 
described in clause (iv) and presents a 
certification from such Federal, State, 
or local governmental agency or judge 
attesting that the alien has been help-
ful, is being helpful, or is likely to be 
helpful to such agency in the inves-
tigation, prosecution, or adjudication 
arising from a covered violation de-
scribed in clause (iv); and 
‘‘(IV) the criminal activity described 
in clause (iii) or the covered violation de-
scribed in clause (iv)— 
‘‘(aa) violated the laws of the 
United States; or 
‘‘(bb) occurred in the United 
States (including Indian country and 
military installations) or the terri-
tories and possessions of the United 
States;’’; 
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641 
(2) in clause (ii)(II), by striking ‘‘and’’ at the 
end; 
(3) by moving clause (iii) 2 ems to the left; 
(4) in clause (iii), by inserting ‘‘child abuse; 
elder abuse;’’ after ‘‘stalking;’’; 
(5) by adding at the end the following: 
‘‘(iv) a covered violation referred to in this 
clause is— 
‘‘(I) a serious violation involving 1 or more 
of the following or any similar activity in viola-
tion of any Federal, State, or local law: serious 
workplace abuse, exploitation, retaliation, or 
violation of whistleblower protections; 
‘‘(II) a violation giving rise to a civil cause 
of action under section 1595 of title 18, United 
States Code; or 
‘‘(III) a violation resulting in the depriva-
tion of due process or constitutional rights.’’. 
(b) 
SAVINGS
PROVISION.—Nothing 
in 
section 
101(a)(15)(U)(iv)(I) of the Immigration and Nationality 
Act, as added by subsection (a), may be construed as al-
tering the definition of retaliation or discrimination under 
any other provision of law. 
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642 
(c) TEMPORARY STAY OF REMOVAL.—Section 274A 
(8 U.S.C. 1324a), as amended by section 3101, is further 
amended— 
(1) in subsection (e) by adding at the end the 
following: 
‘‘(10) CONDUCT IN ENFORCEMENT ACTIONS.— 
If the Secretary undertakes an enforcement action 
at a facility about which a bona fide workplace claim 
has been filed or is contemporaneously filed, or as 
a result of information provided to the Secretary in 
retaliation against employees for exercising their 
rights related to a bona fide workplace claim, the 
Secretary shall ensure that— 
‘‘(A) any aliens arrested or detained who 
are necessary for the investigation or prosecu-
tion of a bona fide workplace claim or criminal 
activity (as described in subparagraph (T) or 
(U) of section 101(a)(15)) are not removed 
from the United States until after the Sec-
retary— 
‘‘(i) notifies the appropriate law en-
forcement agency with jurisdiction over 
such violations or criminal activity; and 
‘‘(ii) provides such agency with the 
opportunity to interview such aliens; 
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643 
‘‘(B) no aliens entitled to a stay of removal 
or abeyance of removal proceedings under this 
section are removed; and 
‘‘(C) the Secretary shall stay the removal 
of an alien who— 
‘‘(i) has filed a claim regarding a cov-
ered violation described in clause (iv) of 
section 101(a)(15)(U) and is the victim of 
the same violations under an existing in-
vestigation; 
‘‘(ii) is a material witness in any 
pending or anticipated proceeding involving 
a bona fide workplace claim or civil rights 
claim; or 
‘‘(iii) has filed for relief under such 
section if the alien is working with law en-
forcement as described in clause (i)(III) of 
such section.’’; and 
(2) by adding at the end the following: 
‘‘(m) VICTIMS OF CRIMINAL ACTIVITY OR LABOR 
AND
EMPLOYMENT
VIOLATIONS.—The Secretary of 
Homeland Security may permit an alien to remain tempo-
rarily in the United States and authorize the alien to en-
gage in employment in the United States if the Secretary 
determines that the alien— 
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644 
‘‘(1) 
has 
filed 
for 
relief 
under 
section 
101(a)(15)(U); or 
‘‘(2)(A) has filed, or is a material witness to, a 
bona fide claim or proceedings resulting from a cov-
ered 
violation 
(as 
defined 
in 
section 
101(a)(15)(U)(iv)); and 
‘‘(B) has been helpful, is being helpful, or is 
likely to be helpful, in the investigation, prosecution 
of, or pursuit of civil remedies related to the claim 
arising from a covered violation, to— 
‘‘(i) a Federal, State, or local law enforce-
ment official; 
‘‘(ii) a Federal, State, or local prosecutor; 
‘‘(iii) a Federal, State, or local judge; 
‘‘(iv) the Department of Homeland Secu-
rity; 
‘‘(v) the Equal Employment Opportunity 
Commission; or 
‘‘(vi) the Department of Labor.’’. 
(d) CONFORMING AMENDMENTS.—Section 214(p) (8 
U.S.C. 1184(p)) is amended— 
(1) in paragraph (1), by striking ‘‘in section 
101(a)(15)(U)(iii).’’ both places it appears and in-
serting ‘‘in clause (iii) of section 101(a)(15)(U) or 
investigating, prosecuting, or seeking civil remedies 
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645 
for claims resulting from a covered violation de-
scribed in clause (iv) of such section.’’; and 
(2) in the first sentence of paragraph (6)— 
(A) 
by 
striking 
‘‘in 
section 
101(a)(15)(U)(iii)’’ and inserting ‘‘in clause 
(iii) of section 101(a)(15)(U) or claims result-
ing from a covered violation described in clause 
(iv) of such section’’; and 
(B) by inserting ‘‘or claim arising from a 
covered violation’’ after ‘‘prosecution of such 
criminal activity’’. 
(e) MODIFICATION OF LIMITATION ON AUTHORITY 
TO ADJUST STATUS FOR VICTIMS OF CRIMES.—Section 
245(m)(1) (8 U.S.C. 1255(m)(1)) is amended, in the mat-
ter before subparagraph (A), by inserting ‘‘or an investiga-
tion or prosecution regarding a workplace or civil rights 
claim’’ after ‘‘prosecution’’. 
(f) EXPANSION OF LIMITATION ON SOURCES OF IN-
FORMATION THAT MAY BE USED TO MAKE ADVERSE 
DETERMINATIONS.— 
(1) IN GENERAL.—Section 384(a)(1) of the Il-
legal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1367(a)(1)) is amend-
ed— 
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646 
(A) in each of subparagraphs (A) through 
(D), by striking the comma at the end and in-
serting a semicolon; 
(B) subparagraph (E), by striking ‘‘the 
criminal activity,’’ and inserting ‘‘abuse and the 
criminal activity or bona fide workplace claim 
(as defined in subsection (e));’’; 
(C) in subparagraph (F), by striking ‘‘, the 
trafficker or perpetrator,’’ and inserting ‘‘), the 
trafficker or perpetrator; or’’; and 
(D) by inserting after subparagraph (F) 
the following: 
‘‘(G) the alien’s employer; or’’. 
(2) WORKPLACE CLAIM DEFINED.—Section 384 
of such Act (8 U.S.C. 1367) is amended by adding 
at the end the following: 
‘‘(e) WORKPLACE CLAIMS.— 
‘‘(1) WORKPLACE CLAIMS DEFINED.— 
‘‘(A) IN GENERAL.—In subsection (a)(1), 
the term ‘workplace claim’ means any claim, pe-
tition, charge, complaint, or grievance filed 
with, or submitted to, a Federal, State, or local 
agency or court, relating to the violation of ap-
plicable Federal, State, or local labor or employ-
ment laws. 
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647 
‘‘(B) CONSTRUCTION.—Subparagraph (A) 
may not be construed to alter what constitutes 
retaliation or discrimination under any other 
provision of law. 
‘‘(2) PENALTY FOR FALSE CLAIMS.—Any per-
son who knowingly presents a false or fraudulent 
claim to a law enforcement official in relation to a 
covered 
violation 
described 
in 
section 
101(a)(15)(U)(iv) of the Immigration and Nation-
ality Act for the purpose of obtaining a benefit 
under this section shall be subject to a civil penalty 
of not more than $1,000. 
‘‘(3) LIMITATION ON STAY OF ADVERSE DETER-
MINATIONS.—In the case of an alien applying for 
status under section 101(a)(15)(U) of the Immigra-
tion and Nationality Act and seeking relief under 
that section, the prohibition on adverse determina-
tions under subsection (a) shall expire on the date 
that the alien’s application for status under such 
section is denied and all opportunities for appeal of 
the denial have been exhausted.’’. 
(g) REMOVAL PROCEEDINGS.—Section 239(e) (8 
U.S.C. 1229(e)) is amended— 
(1) in paragraph (1)— 
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648 
(A) by striking ‘‘In cases where’’ and in-
serting ‘‘If’’; and 
(B) by striking ‘‘paragraph (2),’’ and in-
serting ‘‘paragraph (2) or as a result of infor-
mation provided to the Secretary of Homeland 
Security in retaliation against individuals for 
exercising or attempting to exercise their em-
ployment rights or other legal rights,’’; and 
(2) in paragraph (2), by adding at the end the 
following: 
‘‘(C) At a facility about which a bona fide 
workplace claim has been filed or is contem-
poraneously filed.’’. 
SEC. 3202. EMPLOYMENT VERIFICATION SYSTEM EDU-
CATION FUNDING. 
(a) DISPOSITION OF CIVIL PENALTIES.—Penalties 
collected under subsections (e)(4) and (f)(3) of section 
274A of the Immigration and Nationality Act, amended 
by section 3101, shall be deposited, as offsetting receipts, 
into the Comprehensive Immigration Reform Trust Fund 
established under section 9(a)(1). 
(b) EXPENDITURES.—Amounts deposited into the 
Trust Fund under subsection (a) shall be made available 
to the Secretary and the Attorney General to provide edu-
cation to employers and employees regarding the require-
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649 
ments, obligations, and rights under the Employment 
Verification System. 
(c) DETERMINATION OF BUDGETARY EFFECTS.— 
(1) EMERGENCY DESIGNATION FOR CONGRES-
SIONAL
ENFORCEMENT.—In the Senate, amounts 
made available under this section are designated as 
an emergency requirement pursuant to section 
403(a) of S. Con. Res. 13 (111th Congress), the 
concurrent resolution on the budget for fiscal year 
2010. 
(2) EMERGENCY DESIGNATION FOR STATUTORY 
PAYGO.—Amounts made available under this section 
are designated as an emergency requirement under 
section 4(g) of the Statutory Pay-As-You-Go Act of 
2010 (Public Law 111–139; 2 U.S.C. 933(g)). 
SEC. 3203. DIRECTIVE TO THE UNITED STATES SEN-
TENCING COMMISSION. 
(a) IN GENERAL.—Pursuant to its authority under 
section 994 of title 28, United States Code, and in accord-
ance with subsection (b), the United States Sentencing 
Commission shall promulgate sentencing guidelines or 
amend existing sentencing guidelines to modify, if appro-
priate, the penalties imposed on persons convicted of of-
fenses under— 
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