238 
‘‘(F) DEFAULT CONFIRMATION AND REV-
OCATION.—If the Secretary, through the Sys-
tem, fails to provide a determination described 
in clause (i) or (ii) of subparagraph (B) or sub-
clause (I) or (II) of subparagraph (C)(ii) for an 
individual within the period described in such 
subparagraph, the Secretary shall, through the 
System, deem that the individual’s identity and 
eligibility 
for 
employment 
are 
confirmed 
through the System and provide notice of such 
confirmation to the employer. 
‘‘(G) REVOCATION.—In the case of a de-
fault confirmation in subclause (F), the Sec-
retary reserves the right to revoke such default 
confirmation if the Secretary later determines 
the individual is, in fact, not eligible to work. 
The Secretary shall provide notice of such rev-
ocation and final nonconfirmation to the em-
ployer. The individual shall have the right to 
administrative review under paragraph (19) and 
judicial review under paragraph (20) of such 
final nonconfirmation. 
‘‘(H) PROHIBITIION ON TERMINATION FOR 
TENTATIVE NONCONFIRMATION.—An employer 
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239 
may not terminate the employment of an indi-
vidual based on tentative nonconfirmation. 
‘‘(I) TERMINATION OF EMPLOYEE.—If an 
employer receives a final nonconfirmation with 
respect to an individual, the employer shall ter-
minate the employment of such individual. 
‘‘(J) ADMINISTRATIVE AND JUDICIAL RE-
VIEW.—If the Secretary, through the System, 
provides a final nonconfirmation with respect to 
an individual, the individual shall have the right 
to administrative review under paragraph (19) 
and judicial review under paragraph (20) of 
such final nonconfirmation. 
‘‘(K) RIGHT
TO
REVIEW
AND
CORRECT 
SYSTEM INFORMATION.—The Secretary, in con-
sultation with the Commissioner of Social Secu-
rity, shall establish procedures to permit an in-
dividual to verify the individual’s eligibility for 
employment in the United States prior to ob-
taining or changing employment, to view the in-
dividual’s own records in the System in order to 
ensure the accuracy of such records, and to cor-
rect or update the information used by the Sys-
tem regarding the individual. 
‘‘(L) REVERIFICATION.— 
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240 
‘‘(i) IN GENERAL.—It is an unfair im-
migration-related 
employment 
practice 
under section 274B for an employer to 
reverify an individual’s identity and em-
ployment eligibility unless— 
‘‘(I) the individual’s work author-
ization expires as described in section 
274a.2(b)(1)(vii) of title 8, Code of 
Federal Regulation or a subsequent 
similar regulation, in which case— 
‘‘(aa) not later than 30 days 
prior to the expiration of the in-
dividual’s work authorization, the 
Secretary shall notify the em-
ployer of such expiration and of 
the employer’s need to reverify 
the individual’s employment eligi-
bility; and 
‘‘(bb) the individual may 
present, and the employer shall 
accept, a receipt for the applica-
tion for a replacement document, 
extension of work authorization, 
or a document described in 
clause (i) through (v) of subpara-
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241 
graph (B) of subsection (b)(1) in 
lieu of the required document by 
the expiration date in order to 
comply with any requirement to 
examine documentation imposed 
by this section, and the individual 
shall present the required docu-
ment within 90 days from the 
date the employment authoriza-
tion expires. If the actual docu-
ment or replacement document is 
to be issued by United States 
Citizenship 
and 
Immigration 
Services and the application is 
still under review 60 days after 
the employment authorization ex-
piration date, United States Citi-
zenship and Immigration Services 
shall by the 60th day after the 
expiration date of the employ-
ment authorization, issue a letter 
for the applicant to take to the 
employer which shall automati-
cally grant the individual an ad-
ditional 90 days to present the 
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242 
document or replacement docu-
ment; and 
‘‘(II) the employer has actual or 
constructive knowledge that the indi-
vidual is not authorized to work in the 
United States; or 
‘‘(III) unless otherwise required 
by law. 
‘‘(ii) CONTINUING EMPLOYMENT.—An 
employer may not verify an individual’s 
employment eligibility if the individual is 
continuing in his or her employment as de-
scribed in section 274a.2(b)(1)(viii) of title 
8, Code of Federal Regulation or any sub-
sequent similar regulation. 
‘‘(iii) SPECIAL
RULE
FOR
CRITICAL 
INFRASTRUCTURE.—Upon the implementa-
tion of the System, the Secretary shall re-
quire all agencies and departments of the 
United 
States 
(including 
the 
Armed 
Forces), a State government (including a 
State employment agency before making a 
referral), or any other employer if it em-
ploys individuals working in a location that 
is a Federal, State, or local government 
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243 
building, a military base, a nuclear energy 
site, a weapon site, or an airport, to com-
plete a one time reverification of all indi-
viduals current employed at these facilities. 
‘‘(4) DESIGN AND OPERATION OF SYSTEM.— 
The Secretary, in consultation with the Commis-
sioner of Social Security, shall design and operate 
the System— 
‘‘(A) to maximize reliability and ease of 
use by employers in a manner that protects and 
maintains the privacy and security of the infor-
mation maintained in the System; 
‘‘(B) to permit an employer to submit an 
inquiry to the System through the Internet or 
other electronic media or over a telephone line; 
‘‘(C) to respond to each inquiry made by 
an employer; 
‘‘(D) to maintain a record of each such in-
quiry and each such response; 
‘‘(E) to track and record any occurrence 
when the System is unable to receive such an 
inquiry; 
‘‘(F) to include appropriate administrative, 
technical, and physical safeguards to prevent 
unauthorized disclosure of personal information 
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