,i #aacth ,,congress #ast ,session ,h4 ,r4 #aggb ,,in ,,the ,,house ,,of ,,representatives ,april #bf1 #bjac ,mr4 ,smith of ,texas 7for himself1 ,mr4 ,goodlatte1 ,mr4 ,calvert1 ,mr4 ,gowdy1 ,mr4 ,westmoreland1 ,mr4 ,stivers1 ,mr4 ,lance1 ,mr4 ,king of ,new ,york1 ,mr4 ,de,fazio1 ,mr4 ,sensenbrenner1 ,mr4 ,franks of ,arizona1 ,mr4 ,poe of ,texas1 ,mr4 ,schweikert1 ,mr4 ,royce1 ,mrs4 ,blackburn1 ,mr4 ,forbes1 ,mr4 ,chaffetz1 ,mr4 ,burgess1 ,mr4 ,labrador1 ,mr4 ,farenthold1 ,mr4 ,holding1 ,mr4 ,bishop of ,utah1 and ,mr4 ,issa7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,ways and ,means and ,education and the ,workforce1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to amend the ,immigration and ,nationality ,act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,legal ,workforce ,act4 #b4 ,employment eligibility verification process 7a7 ,in general ,section #bgd;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77 is amended to read as follows3 7b7 ,employment eligibility verification process 7#a7 ,new hires1 recruitment1 and referral ,the requirements referred to in paragraphs 7#a77;,b7 and 7#c7 of subsection 7a7 are1 in the case of a person or other entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states1 the following3 7,a7 ,attestation after examination of documentation 7i7 ,attestation ,during the verification period 7as defined in subparagraph 7,e771 the person or entity shall attest1 under penalty of perjury and on a form1 including electronic and telephonic formats1 designated or established by the ,secretary by regulation not later than #f months after the date of the enactment of the ,legal ,workforce ,act1 that it has verified that the individual is not an unauthorized alien by-- 7,i7 obtaining from the individual the individual's social security account number and recording the number on the form 7if the individual claims to have been issued such a number71 and1 if the individual does not attest to ,united ,states nationality under subparagraph 7,b71 obtaining such identification or authorization number established by the ,department of ,homeland ,security for the alien as the ,secretary of ,homeland ,security may specify1 and recording such number on the form2 and 7,,ii7 examining-- 7aa7 a document relating to the individual presenting it described in clause 7ii72 or 7bb7 a document relating to the individual presenting it described in clause 7iii7 and a document relating to the individual presenting it described in clause 7iv74 7ii7 ,documents evidencing employment authorization and establishing identity ,a document described in this subparagraph is an individual's-- 7,i7 unexpired ,united ,states passport or passport card2 7,,ii7 unexpired permanent resident card that contains a photograph2 7,,iii7 unexpired employment authorization card that contains a photograph2 7,,iv7 in the case of a nonimmigrant alien authorized to work for a specific employer incident to status1 a foreign passport with ,form ,i-#id or ,form ,i-#id;,a1 or other documentation as designated by the ,secretary specifying the alien's nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation2 7,v7 passport from the ,federated ,states of ,micronesia 7,,fsm7 or the ,republic of the ,marshall ,islands 7,,rmi7 with ,form ,i-#id or ,form ,i-#id;,a1 or other documentation as designated by the ,secretary1 indicating nonimmigrant admission under the ,compact of ,free ,association ,between the ,united ,states and the ,,fsm or ,,rmi2 or 7,,vi7 other document designated by the ,secretary of ,homeland ,security1 if the document-- 7aa7 contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the ,secretary of ,homeland ,security finds1 by regulation1 sufficient for purposes of this clause2 7bb7 is evidence of authorization of employment in the ,united ,states2 and 7cc7 contains security features to make it resistant to tampering1 counterfeiting1 and fraudulent use4 7iii7 ,documents evidencing employment authorization ,a document described in this subparagraph is an individual's social security account number card 7other than such a card which specifies on the face that the issuance of the card does not authorize employment in the ,united ,states74 7iv7 ,documents establishing identity of individual ,a document described in this subparagraph is-- 7,i7 an individual's unexpired ,state issued driver's license or identification card if it contains a photograph and information such as name1 date of birth1 gender1 height1 eye color1 and address2 7,,ii7 an individual's unexpired ,u4,s4 military identification card2 7,,iii7 an individual's unexpired ,native ,american tribal identification document issued by a tribal entity recognized by the ,bureau of ,indian ,affairs2 or 7,,iv7 in the case of an individual under #ah years of age1 a parent or legal guardian's attestation under penalty of law as to the identity and age of the individual4 7v7 ,authority to prohibit use of certain documents ,if the ,secretary of ,homeland ,security finds1 by regulation1 that any document described in clause 7i71 7ii71 or 7iii7 as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree1 the ,secretary may prohibit or place conditions on its use for purposes of this paragraph4 7vi7 ,signature ,such attestation may be manifested by either a hand-written or electronic signature4 7,b7 ,individual attestation of employment authorization ,during the verification period 7as defined in subparagraph 7,e771 the individual shall attest1 under penalty of perjury on the form designated or established for purposes of subparagraph 7,a71 that the individual is a citizen or national of the ,united ,states1 an alien lawfully admitted for permanent residence1 or an alien who is authorized under this ,act or by the ,secretary of ,homeland ,security to be hired1 recruited1 or referred for such employment4 ,such attestation may be manifested by either a hand-written or electronic signature4 ,the individual shall also provide that individual's social security account number 7if the individual claims to have been issued such a number71 and1 if the individual does not attest to ,united ,states nationality under this subparagraph1 such identification or authorization number established by the ,department of ,homeland ,security for the alien as the ,secretary may specify4 7,c7 ,retention of verification form and verification 7i7 ,in general ,after completion of such form in accordance with subparagraphs 7,a7 and 7,b71 the person or entity shall-- 7,i7 retain a paper1 microfiche1 microfilm1 or electronic version of the form and make it available for inspection by officers of the ,department of ,homeland ,security1 the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices1 or the ,department of ,labor during a period beginning on the date of the recruiting or referral of the individual1 or1 in the case of the hiring of an individual1 the date on which the verification is completed1 and ending-- 7aa7 in the case of the recruiting or referral of an individual1 #c years after the date of the recruiting or referral2 and 7bb7 in the case of the hiring of an individual1 the later of #c years after the date the verification is completed or one year after the date the individual's employment is terminated2 and 7,,ii7 during the verification period 7as defined in subparagraph 7,e771 make an inquiry1 as provided in subsection 7d71 using the verification system to seek verification of the identity and employment eligibility of an individual4 7ii7 ,confirmation 7,i7 ,confirmation received ,if the person or other entity receives an appropriate confirmation of an individual's identity and work eligibility under the verification system within the time period specified1 the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual4 7,,ii7 ,tentative nonconfirmation received ,if the person or other entity receives a tentative nonconfirmation of an individual's identity or work eligibility under the verification system within the time period specified1 the person or entity shall so inform the individual for whom the verification is sought4 ,if the individual does not contest the nonconfirmation within the time period specified1 the nonconfirmation shall be considered final4 ,the person or entity shall then record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation4 ,if the individual does contest the nonconfirmation1 the individual shall utilize the process for secondary verification provided under subsection 7d74 ,the nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the verification system within the time period specified4 ,in no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final4 ,nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure4 ,in no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this subsection until a nonconfirmation becomes final4 ,nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure4 7,,iii7 ,final confirmation or nonconfirmation received ,if a final confirmation or nonconfirmation is provided by the verification system regarding an individual1 the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual4 7,,iv7 ,extension of time ,if the person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time1 the person or entity may make an inquiry in the first subsequent working day in which the verification system registers that it has received all inquiries4 ,if the verification system cannot receive inquiries at all times during a day1 the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry1 and does not have to provide any additional proof concerning such inquiry4 7,v7 ,consequences of nonconfirmation 7aa7 ,termination or notification of continued employment ,if the person or other entity has received a final nonconfirmation regarding an individual1 the person or entity may terminate employment of the individual 7or decline to recruit or refer the individual74 ,if the person or entity does not terminate employment of the individual or proceeds to recruit or refer the individual1 the person or entity shall notify the ,secretary of ,homeland ,security of such fact through the verification system or in such other manner as the ,secretary may specify4 7bb7 ,failure to notify ,if the person or entity fails to provide notice with respect to an individual as required under item 7aa71 the failure is deemed to constitute a violation of subsection 7a77#a77;,a7 with respect to that individual4 7,,vi7 ,continued employment after final nonconfirmation ,if the person or other entity continues to employ 7or to recruit or refer7 an individual after receiving final nonconfirmation1 a rebuttable presumption is created that the person or entity has violated subsection 7a77#a77;,a74 7,d7 ,effective dates of new procedures 7i7 ,hiring ,except as provided in clause 7iii71 the provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the ,united ,states as follows3 7,i7 ,with respect to employers having #aj1jjj or more employees in the ,united ,states on the date of the enactment of the ,legal ,workforce ,act1 on the date that is #f months after the date of the enactment of such ,act4 7,,ii7 ,with respect to employers having #ejj or more employees in the ,united ,states1 but less than #aj1jjj employees in the ,united ,states1 on the date of the enactment of the ,legal ,workforce ,act1 on the date that is #ab months after the date of the enactment of such ,act4 7,,iii7 ,with respect to employers having #bj or more employees in the ,united ,states1 but less than #ejj employees in the ,united ,states1 on the date of the enactment of the ,legal ,workforce ,act1 on the date that is #ah months after the date of the enactment of such ,act4 7,,iv7 ,with respect to employers having #a or more employees in the ,united ,states1 but less than #bj employees in the ,united ,states1 on the date of the enactment of the ,legal ,workforce ,act1 on the date that is #bd months after the date of the enactment of such ,act4 7ii7 ,recruiting and referring ,except as provided in clause 7iii71 the provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the ,united ,states on the date that is #ab months after the date of the enactment of the ,legal ,workforce ,act4 7iii7 ,agricultural labor or services ,with respect to an employee performing agricultural labor or services1 this paragraph shall not apply with respect to the verification of the employee until the date that is #bd months after the date of the enactment of the ,legal ,workforce ,act4 ,for purposes of the preceding sentence1 the term agricultural labor or services has the meaning given such term by the ,secretary of ,agriculture in regulations and includes agricultural labor as defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf1 agriculture as defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f771 the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state1 all activities required for the preparation1 processing or manufacturing of a product of agriculture 7as such term is defined in such section #c7;f77 for further distribution1 and activities similar to all the foregoing as they relate to fish or shellfish in aquaculture facilities4 ,an employee described in this clause shall not be counted for purposes of clause 7i74 7iv7 ,transition rule ,subject to paragraph 7#d71 the following shall apply to a person or other entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states until the effective date or dates applicable under clauses 7i7 through 7iii73 7,i7 ,this subsection1 as in effect before the enactment of the ,legal ,workforce ,act4 7,,ii7 ,subtitle ,a of title ,,iv of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 as in effect before the effective date in section #g7;c7 of the ,legal ,workforce ,act4 7,,iii7 ,any other provision of ,federal law requiring the person or entity to participate in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 as in effect before the effective date in section #g7;c7 of the ,legal ,workforce ,act1 including ,executive ,order #acdfe 7#h ,u4,s4,c4 #acbd;a note2 relating to ,government procurement74 7,e7 ,verification period defined 7i7 ,in general ,for purposes of this paragraph3 7,i7 ,in the case of recruitment or referral1 the term verification period means the period ending on the date recruiting or referring commences4 7,,ii7 ,in the case of hiring1 the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is #c business days after the date of hire1 except as provided in clause 7iii74 ,the offer of employment may be conditioned in accordance with clause 7ii74 7ii7 ,job offer may be conditional ,a person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph4 7iii7 ,special rule ,notwithstanding clause 7i77,,ii71 in the case of an alien who is authorized for employment and who provides evidence from the ,social ,security ,administration that the alien has applied for a social security account number1 the verification period ends three business days after the alien receives the social security account number4 7#b7 ,reverification for individuals with limited work authorization 7,a7 ,in general ,except as provided in subparagraph 7,b71 a person or entity shall make an inquiry1 as provided in subsection 7d71 using the verification system to seek reverification of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the #c business days before the date on which the employee's work authorization expires as follows3 7i7 ,with respect to employers having #aj1jjj or more employees in the ,united ,states on the date of the enactment of the ,legal ,workforce ,act1 beginning on the date that is #f months after the date of the enactment of such ,act4 7ii7 ,with respect to employers having #ejj or more employees in the ,united ,states1 but less than #aj1jjj employees in the ,united ,states1 on the date of the enactment of the ,legal ,workforce ,act1 beginning on the date that is #ab months after the date of the enactment of such ,act4 7iii7 ,with respect to employers having #bj or more employees in the ,united ,states1 but less than #ejj employees in the ,united ,states1 on the date of the enactment of the ,legal ,workforce ,act1 beginning on the date that is #ah months after the date of the enactment of such ,act4 7iv7 ,with respect to employers having #a or more employees in the ,united ,states1 but less than #bj employees in the ,united ,states1 on the date of the enactment of the ,legal ,workforce ,act1 beginning on the date that is #bd months after the date of the enactment of such ,act4 7,b7 ,agricultural labor or services ,with respect to an employee performing agricultural labor or services1 or an employee recruited or referred by a farm labor contractor 7as defined in section #c of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahja771 subparagraph 7,a7 shall not apply with respect to the reverification of the employee until the date that is #bd months after the date of the enactment of the ,legal ,workforce ,act4 ,for purposes of the preceding sentence1 the term agricultural labor or services has the meaning given such term by the ,secretary of ,agriculture in regulations and includes agricultural labor as defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf1 agriculture as defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f771 the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state1 all activities required for the preparation1 processing1 or manufacturing of a product of agriculture 7as such term is defined in such section #c7;f77 for further distribution1 and activities similar to all the foregoing as they relate to fish or shellfish in aquaculture facilities4 ,an employee described in this subparagraph shall not be counted for purposes of subparagraph 7,a74 7,c7 ,reverification ,paragraph 7#a77;,c77ii7 shall apply to reverifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph 7#a71 except that employers shall-- 7i7 use a form designated or established by the ,secretary by regulation for purposes of this paragraph2 and 7ii7 retain a paper1 microfiche1 microfilm1 or electronic version of the form and make it available for inspection by officers of the ,department of ,homeland ,security1 the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices1 or the ,department of ,labor during the period beginning on the date the reverification commences and ending on the date that is the later of #c years after the date of such reverification or #a year after the date the individual's employment is terminated4 7#c7 ,previously hired individuals 7,a7 ,on a mandatory basis for certain employees 7i7 ,in general ,not later than the date that is #f months after the date of the enactment of the ,legal ,workforce ,act1 an employer shall make an inquiry1 as provided in subsection 7d71 using the verification system to seek verification of the identity and employment eligibility of any individual described in clause 7ii7 employed by the employer whose employment eligibility has not been verified under the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note74 7ii7 ,individuals described ,an individual described in this clause is any of the following3 7,i7 ,an employee of any unit of a ,federal1 ,state1 or local government4 7,,ii7 ,an employee who requires a ,federal security clearance working in a ,federal1 ,state or local government building1 a military base1 a nuclear energy site1 a weapons site1 or an airport or other facility that requires workers to carry a ,transportation ,worker ,identification ,credential 7,,twic74 7,,iii7 ,an employee assigned to perform work in the ,united ,states under a ,federal contract1 except that this subclause-- 7aa7 is not applicable to individuals who have a clearance under ,homeland ,security ,presidential ,directive #ab 7,,hspd #ab clearance71 are administrative or overhead personnel1 or are working solely on contracts that provide ,commercial ,off ,the ,shelf goods or services as set forth by the ,federal ,acquisition ,regulatory ,council1 unless they are subject to verification under subclause 7,,ii72 and 7bb7 only applies to contracts over the simple acquisition threshold as defined in section #b4aja of title #dh1 ,code of ,federal ,regulations4 7,b7 ,on a mandatory basis for multiple users of same social security account number ,in the case of an employer who is required by this subsection to use the verification system described in subsection 7d71 or has elected voluntarily to use such system1 the employer shall make inquiries to the system in accordance with the following3 7i7 ,the ,commissioner of ,social ,security shall notify annually employees 7at the employee address listed on the ,wage and ,tax ,statement7 who submit a social security account number to which more than one employer reports income and for which there is a pattern of unusual multiple use4 ,the notification letter shall identify the number of employers to which income is being reported as well as sufficient information notifying the employee of the process to contact the ,social ,security ,administration ,fraud ,hotline if the employee believes the employee's identity may have been stolen4 ,the notice shall not share information protected as private1 in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft4 7ii7 ,if the person to whom the social security account number was issued by the ,social ,security ,administration has been identified and confirmed by the ,commissioner1 and indicates that the social security account number was used without their knowledge1 the ,secretary and the ,commissioner shall lock the social security account number for employment eligibility verification purposes and shall notify the employers of the individuals who wrongfully submitted the social security account number that the employee may not be work eligible4 7iii7 ,each employer receiving such notification of an incorrect social security account number under clause 7ii7 shall use the verification system described in subsection 7d7 to check the work eligibility status of the applicable employee within #aj business days of receipt of the notification4 7,c7 ,on a voluntary basis ,subject to paragraph 7#b71 and subparagraphs 7,a7 through 7,c7 of this paragraph1 beginning on the date that is #cj days after the date of the enactment of the ,legal ,workforce ,act1 an employer may make an inquiry1 as provided in subsection 7d71 using the verification system to seek verification of the identity and employment eligibility of any individual employed by the employer4 ,if an employer chooses voluntarily to seek verification of any individual employed by the employer1 the employer shall seek verification of all individuals so employed4 ,an employer's decision about whether or not voluntarily to seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding1 investigation1 or review provided for in this ,act4 7,d7 ,verification ,paragraph 7#a77;,c77ii7 shall apply to verifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph 7#a71 except that employers shall-- 7i7 use a form designated or established by the ,secretary by regulation for purposes of this paragraph2 and 7ii7 retain a paper1 microfiche1 microfilm1 or electronic version of the form and make it available for inspection by officers of the ,department of ,homeland ,security1 the ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices1 or the ,department of ,labor during the period beginning on the date the verification commences and ending on the date that is the later of #c years after the date of such verification or #a year after the date the individual's employment is terminated4 7#d7 ,early compliance 7,a7 ,former ,e-,verify required users1 including ,federal contractors ,notwithstanding the deadlines in paragraphs 7#a7 and 7#b71 beginning on the date of the enactment of the ,legal ,workforce ,act1 the ,secretary is authorized to commence requiring employers required to participate in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 including employers required to participate in such program by reason of ,federal acquisition laws 7and regulations promulgated under those laws1 including the ,federal ,acquisition ,regulation71 to commence compliance with the requirements of this subsection 7and any additional requirements of such ,federal acquisition laws and regulation7 in lieu of any requirement to participate in the ,e-,verify ,program4 7,b7 ,former ,e-,verify voluntary users and others desiring early compliance ,notwithstanding the deadlines in paragraphs 7#a7 and 7#b71 beginning on the date of the enactment of the ,legal ,workforce ,act1 the ,secretary shall provide for the voluntary compliance with the requirements of this subsection by employers voluntarily electing to participate in the ,e-,verify ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 before such date1 as well as by other employers seeking voluntary early compliance4 7#e7 ,copying of documentation permitted ,notwithstanding any other provision of law1 the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy1 but only 7except as otherwise permitted under law7 for the purpose of complying with the requirements of this subsection4 7#f7 ,limitation on use of forms ,a form designated or established by the ,secretary of ,homeland ,security under this subsection and any information contained in or appended to such form1 may not be used for purposes other than for enforcement of this ,act and any other provision of ,federal criminal law4 7#g7 ,good faith compliance 7,a7 ,in general ,except as otherwise provided in this subsection1 a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement4 7,b7 ,exception if failure to correct after notice ,subparagraph 7,a7 shall not apply if-- 7i7 the failure is not de minimus2 7ii7 the ,secretary of ,homeland ,security has explained to the person or entity the basis for the failure and why it is not de minimus2 7iii7 the person or entity has been provided a period of not less than #cj calendar days 7beginning after the date of the explanation7 within which to correct the failure2 and 7iv7 the person or entity has not corrected the failure voluntarily within such period4 7,c7 ,exception for pattern or practice violators ,subparagraph 7,a7 shall not apply to a person or entity that has or is engaging in a pattern or practice of violations of subsection 7a77#a77;,a7 or 7a77#b74 7#h7 ,single extension of deadlines upon certification ,in a case in which the ,secretary of ,homeland ,security has certified to the ,congress that the employment eligibility verification system required under subsection 7d7 will not be fully operational by the date that is #f months after the date of the enactment of the ,legal ,workforce ,act1 each deadline established under this section for an employer to make an inquiry using such system shall be extended by #f months4 ,no other extension of such a deadline shall be made4 4 7b7 ,date of hire ,section #bgd;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77 is amended by adding at the end the following3 7#d7 ,definition of date of hire ,as used in this section1 the term date of hire means the date of actual commencement of employment for wages or other remuneration1 unless otherwise specified4 4 #c4 ,employment eligibility verification system ,section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d77 is amended to read as follows3 7d7 ,employment eligibility verification system 7#a7 ,in general ,patterned on the employment eligibility confirmation system established under section #djd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 the ,secretary of ,homeland ,security shall establish and administer a verification system through which the ,secretary 7or a designee of the ,secretary1 which may be a nongovernmental entity7-- 7,a7 responds to inquiries made by persons at any time through a toll-free telephone line and other toll-free electronic media concerning an individual's identity and whether the individual is authorized to be employed2 and 7,b7 maintains records of the inquiries that were made1 of verifications provided 7or not provided71 and of the codes provided to inquirers as evidence of their compliance with their obligations under this section4 7#b7 ,initial response ,the verification system shall provide confirmation or a tentative nonconfirmation of an individual's identity and employment eligibility within #c working days of the initial inquiry4 ,if providing confirmation or tentative nonconfirmation1 the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation4 7#c7 ,secondary confirmation process in case of tentative nonconfirmation ,in cases of tentative nonconfirmation1 the ,secretary shall specify1 in consultation with the ,commissioner of ,social ,security1 an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than #aj working days after the date on which the notice of the tentative nonconfirmation is received by the employee4 ,the ,secretary1 in consultation with the ,commissioner1 may extend this deadline once on a case-by-case basis for a period of #aj working days1 and if the time is extended1 shall document such extension within the verification system4 ,the ,secretary1 in consultation with the ,commissioner1 shall notify the employee and employer of such extension4 ,the ,secretary1 in consultation with the ,commissioner1 shall create a standard process of such extension and notification and shall make a description of such process available to the public4 ,when final confirmation or nonconfirmation is provided1 the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation4 7#d7 ,design and operation of system ,the verification system shall be designed and operated-- 7,a7 to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information2 7,b7 to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received2 7,c7 with appropriate administrative1 technical1 and physical safeguards to prevent unauthorized disclosure of personal information2 7,d7 to have reasonable safeguards against the system's resulting in unlawful discriminatory practices based on national origin or citizenship status1 including-- 7i7 the selective or unauthorized use of the system to verify eligibility2 or 7ii7 the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required1 beyond what is required for most job applicants2 7,e7 to maximize the prevention of identity theft use in the system2 and 7,f7 to limit the subjects of verification to the following individuals3 7i7 ,individuals hired1 referred1 or recruited1 in accordance with paragraph 7#a7 or 7#d7 of subsection 7b74 7ii7 ,employees and prospective employees1 in accordance with paragraph 7#a71 7#b71 7#c71 or 7#d7 of subsection 7b74 7iii7 ,individuals seeking to confirm their own employment eligibility on a voluntary basis4 7#e7 ,responsibilities of ,commissioner of ,social ,security ,as part of the verification system1 the ,commissioner of ,social ,security1 in consultation with the ,secretary of ,homeland ,security 7and any designee of the ,secretary selected to establish and administer the verification system71 shall establish a reliable1 secure method1 which1 within the time periods specified under paragraphs 7#b7 and 7#c71 compares the name and social security account number provided in an inquiry against such information maintained by the ,commissioner in order to validate 7or not validate7 the information provided regarding an individual whose identity and employment eligibility must be confirmed1 the correspondence of the name and number1 and whether the individual has presented a social security account number that is not valid for employment4 ,the ,commissioner shall not disclose or release social security information 7other than such confirmation or nonconfirmation7 under the verification system except as provided for in this section or section #bje7;c77#b77;,i7 of the ,social ,security ,act4 7#f7 ,responsibilities of ,secretary of ,homeland ,security ,as part of the verification system1 the ,secretary of ,homeland ,security 7in consultation with any designee of the ,secretary selected to establish and administer the verification system71 shall establish a reliable1 secure method1 which1 within the time periods specified under paragraphs 7#b7 and 7#c71 compares the name and alien identification or authorization number 7or any other information as determined relevant by the ,secretary7 which are provided in an inquiry against such information maintained or accessed by the ,secretary in order to validate 7or not validate7 the information provided1 the correspondence of the name and number1 whether the alien is authorized to be employed in the ,united ,states1 or to the extent that the ,secretary determines to be feasible and appropriate1 whether the records available to the ,secretary verify the identity or status of a national of the ,united ,states4 7#g7 ,updating information ,the ,commissioner of ,social ,security and the ,secretary of ,homeland ,security shall update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information1 including instances in which it is brought to their attention in the secondary verification process described in paragraph 7#c74 7#h7 ,limitation on use of the verification system and any related systems 7,a7 ,no national identification card ,nothing in this section shall be construed to authorize1 directly or indirectly1 the issuance or use of national identification cards or the establishment of a national identification card4 7,b7 ,critical infrastructure ,the ,secretary may authorize or direct any person or entity responsible for granting access to1 protecting1 securing1 operating1 administering1 or regulating part of the critical infrastructure 7as defined in section #ajaf7;e7 of the ,critical ,infrastructure ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e777 to use the verification system to the extent the ,secretary determines that such use will assist in the protection of the critical infrastructure4 7#i7 ,remedies ,if an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism1 the individual may seek compensation only through the mechanism of the ,federal ,tort ,claims ,act1 and injunctive relief to correct such error4 ,no class action may be brought under this paragraph4 4 #d4 ,recruitment1 referral1 and continuation of employment 7a7 ,additional changes to rules for recruitment1 referral1 and continuation of employment ,section #bgd;,a7a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77 is amended-- 7#a7 in paragraph 7#a77;,a71 by striking for a fee2 7#b7 in paragraph 7#a71 by amending subparagraph 7,b7 to read as follows3 7,b7 to hire1 continue to employ1 or to recruit or refer for employment in the ,united ,states an individual without complying with the requirements of subsection 7b74 2 and 7#c7 in paragraph 7#b71 by striking after hiring an alien for employment in accordance with paragraph 7#a71 and inserting after complying with paragraph 7#a714 7b7 ,definition ,section #bgd;,a7h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h771 as amended by section #b7;b7 of this ,act1 is further amended by adding at the end the following3 7#e7 ,definition of recruit or refer ,as used in this section1 the term refer means the act of sending or directing a person who is in the ,united ,states or transmitting documentation or information to another1 directly or indirectly1 with the intent of obtaining employment in the ,united ,states for such person4 ,only persons or entities referring for remuneration 7whether on a retainer or contingency basis7 are included in the definition1 except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration1 as are labor service entities or labor service agencies1 whether public1 private1 for-profit1 or nonprofit1 that refer1 dispatch1 or otherwise facilitate the hiring of laborers for any period of time by a third party4 ,as used in this section1 the term recruit means the act of soliciting a person who is in the ,united ,states1 directly or indirectly1 and referring the person to another with the intent of obtaining employment for that person4 ,only persons or entities referring for remuneration 7whether on a retainer or contingency basis7 are included in the definition1 except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this definition whether or not they receive remuneration1 as are labor service entities or labor service agencies1 whether public1 private1 for-profit1 or nonprofit that recruit1 dispatch1 or otherwise facilitate the hiring of laborers for any period of time by a third party4 4 7c7 ,effective date ,the amendments made by this section shall take effect on the date that is #a year after the date of the enactment of this ,act1 except that the amendments made by subsection 7a7 shall take effect #f months after the date of the enactment of this ,act insofar as such amendments relate to continuation of employment4 #e4 ,good faith defense ,section #bgd;,a7a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#c77 is amended to read as follows3 7#c7 ,good faith defense 7,a7 ,defense ,an employer 7or person or entity that hires1 employs1 recruits1 or refers 7as defined in subsection 7h77#e771 or is otherwise obligated to comply with this section7 who establishes that it has complied in good faith with the requirements of subsection 7b7-- 7i7 shall not be liable to a job applicant1 an employee1 the ,federal ,government1 or a ,state or local government1 under ,federal1 ,state1 or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection 7d72 and 7ii7 has established compliance with its obligations under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 and subsection 7b7 absent a showing by the ,secretary of ,homeland ,security1 by clear and convincing evidence1 that the employer had knowledge that an employee is an unauthorized alien4 7,b7 ,failure to seek and obtain verification ,subject to the effective dates and other deadlines applicable under subsection 7b71 in the case of a person or entity in the ,united ,states that hires1 or continues to employ1 an individual1 or recruits or refers an individual for employment1 the following requirements apply3 7i7 ,failure to seek verification 7,i7 ,in general ,if the person or entity has not made an inquiry1 under the mechanism established under subsection 7d7 and in accordance with the timeframes established under subsection 7b71 seeking verification of the identity and work eligibility of the individual1 the defense under subparagraph 7,a7 shall not be considered to apply with respect to any employment1 except as provided in subclause 7,,ii74 7,,ii7 ,special rule for failure of verification mechanism ,if such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph 7,a7 and the verification mechanism has registered that not all inquiries were responded to during the relevant time1 the person or entity can make an inquiry until the end of the first subsequent working day in which the verification mechanism registers no nonresponses and qualify for such defense4 7ii7 ,failure to obtain verification ,if the person or entity has made the inquiry described in clause 7i77,i7 but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection 7d77#b7 after the time the verification inquiry was received1 the defense under subparagraph 7,a7 shall not be considered to apply with respect to any employment after the end of such time period4 4 #f4 ,preemption and ,states' ,rights ,section #bgd;,a7h77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#b77 is amended to read as follows3 7#b7 ,preemption 7,a7 ,single1 national policy ,the provisions of this section preempt any ,state or local law1 ordinance1 policy1 or rule1 including any criminal or civil fine or penalty structure1 insofar as they may now or hereafter relate to the hiring1 continued employment1 or status verification for employment eligibility purposes1 of unauthorized aliens4 7,b7 ,state enforcement of ,federal law 7i7 ,business licensing ,a ,state1 locality1 municipality1 or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection 7d7 to verify employment eligibility when and as required under subsection 7b74 7ii7 ,general rules ,a ,state1 at its own cost1 may enforce the provisions of this section1 but only insofar as such ,state follows the ,federal regulations implementing this section1 applies the ,federal penalty structure set out in this section1 and complies with all ,federal rules and guidance concerning implementation of this section4 ,such ,state may collect any fines assessed under this section4 ,an employer may not be subject to enforcement1 including audit and investigation1 by both a ,federal agency and a ,state for the same violation under this section4 ,whichever entity1 the ,federal agency or the ,state1 is first to initiate the enforcement action1 has the right of first refusal to proceed with the enforcement action4 ,the ,secretary must provide copies of all guidance1 training1 and field instructions provided to ,federal officials implementing the provisions of this section to each ,state4 4 #g4 ,repeal 7a7 ,in general ,subtitle ,a of title ,,iv of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is repealed4 7b7 ,references ,any reference in any ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of1 or pertaining to1 the ,department of ,homeland ,security1 ,department of ,justice1 or the ,social ,security ,administration1 to the employment eligibility confirmation system established under section #djd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is deemed to refer to the employment eligibility confirmation system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by section #c of this ,act4 7c7 ,effective date ,this section shall take effect on the date that is #cf months after the date of the enactment of this ,act4 #h4 ,penalties ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended-- 7#a7 in subsection 7e77#a7-- 7,a7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7,b7 in subparagraph 7,d71 by striking ,service and inserting ,department of ,homeland ,security2 7#b7 in subsection 7e77#d7-- 7,a7 in subparagraph 7,a71 in the matter before clause 7i71 by inserting 1 subject to paragraph 7#aj71 after in an amount2 7,b7 in subparagraph 7,a77i71 by striking not less than #bej and not more than #b1jjj and inserting not less than #b1ejj and not more than #e1jjj2 7,c7 in subparagraph 7,a77ii71 by striking not less than #b1jjj and not more than #e1jjj and inserting not less than #e1jjj and not more than #aj1jjj2 7,d7 in subparagraph 7,a77iii71 by striking not less than #c1jjj and not more than #aj1jjj and inserting not less than #aj1jjj and not more than #be1jjj2 and 7,e7 by amending subparagraph 7,b7 to read as follows3 7,b7 may require the person or entity to take such other remedial action as is appropriate4 2 7#c7 in subsection 7e77#e7-- 7,a7 in the paragraph heading1 strike paperwork2 7,b7 by inserting 1 subject to paragraphs 7#aj7 through 7#ab71 after in an amount2 7,c7 by striking #ajj and inserting #a1jjj2 7,d7 by striking #a1jjj and inserting #be1jjj2 and 7,e7 by adding at the end the following3 ,failure by a person or entity to utilize the employment eligibility verification system as required by law1 or providing information to the system that the person or entity knows or reasonably believes to be false1 shall be treated as a violation of subsection 7a77#a77;,a742 7#d7 by adding at the end of subsection 7e7 the following3 7#aj7 ,exemption from penalty for good faith violation ,in the case of imposition of a civil penalty under paragraph 7#d77;,a7 with respect to a violation of subsection 7a77#a77;,a7 or 7a77#b7 for hiring or continuation of employment or recruitment or referral by person or entity and in the case of imposition of a civil penalty under paragraph 7#e7 for a violation of subsection 7a77#a77;,b7 for hiring or recruitment or referral by a person or entity1 the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith4 7#aa7 ,authority to debar employers for certain violations 7,a7 ,in general ,if a person or entity is determined by the ,secretary of ,homeland ,security to be a repeat violator of paragraph 7#a77;,a7 or 7#b7 of subsection 7a71 or is convicted of a crime under this section1 such person or entity may be considered for debarment from the receipt of ,federal contracts1 grants1 or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the ,federal ,acquisition ,regulation4 7,b7 ,does not have contract1 grant1 agreement ,if the ,secretary of ,homeland ,security or the ,attorney ,general wishes to have a person or entity considered for debarment in accordance with this paragraph1 and such an person or entity does not hold a ,federal contract1 grant or cooperative agreement1 the ,secretary or ,attorney ,general shall refer the matter to the ,administrator of ,general ,services to determine whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement1 and if so1 for what duration and under what scope4 7,c7 ,has contract1 grant1 agreement ,if the ,secretary of ,homeland ,security or the ,attorney ,general wishes to have a person or entity considered for debarment in accordance with this paragraph1 and such person or entity holds a ,federal contract1 grant or cooperative agreement1 the ,secretary or ,attorney ,general shall advise all agencies or departments holding a contract1 grant1 or cooperative agreement with the person or entity of the ,government's interest in having the person or entity considered for debarment1 and after soliciting and considering the views of all such agencies and departments1 the ,secretary or ,attorney ,general may refer the matter to any appropriate lead agency to determine whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement1 and if so1 for what duration and under what scope4 7,d7 ,review ,any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part #i4d of the ,federal ,acquisition ,regulation4 7#ab7 ,office for ,state and local government complaints ,the ,secretary of ,homeland ,security shall establish an office-- 7,a7 to which ,state and local government agencies may submit information indicating potential violations of subsection 7a71 7b71 or 7g77#a7 that were generated in the normal course of law enforcement or the normal course of other official activities in the ,state or locality2 7,b7 that is required to indicate to the complaining ,state or local agency within #e business days of the filing of such a complaint by identifying whether the ,secretary will further investigate the information provided2 7,c7 that is required to investigate those complaints filed by ,state or local government agencies that1 on their face1 have a substantial probability of validity2 7,d7 that is required to notify the complaining ,state or local agency of the results of any such investigation conducted2 and 7,e7 that is required to report to the ,congress annually the number of complaints received under this paragraph1 the ,states and localities that filed such complaints1 and the resolution of the complaints investigated by the ,secretary4 2 and 7#e7 by amending paragraph 7#a7 of subsection 7f7 to read as follows3 7#a7 ,criminal penalty ,any person or entity which engages in a pattern or practice of violations of subsection 7a77#a7 or 7#b7 shall be fined not more than #ae1jjj for each unauthorized alien with respect to which such a violation occurs1 imprisoned for not less than one year and not more than #aj years1 or both1 notwithstanding the provisions of any other ,federal law relating to fine levels4 4 #i4 ,fraud and misuse of documents ,section #aedf7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking identification document1 and inserting identification document or document meant to establish work authorization 7including the documents described in section #bgd;,a7b7 of the ,immigration and ,nationality ,act712 and 7#b7 in paragraph 7#b71 by striking identification document and inserting identification document or document meant to establish work authorization 7including the documents described in section #bgd;,a7b7 of the ,immigration and ,nationality ,act714 #aj4 ,protection of ,social ,security ,administration programs 7a7 ,funding under agreement ,effective for fiscal years beginning on or after ,october #a1 #bjac1 the ,commissioner of ,social ,security and the ,secretary of ,homeland ,security shall enter into and maintain an agreement which shall-- 7#a7 provide funds to the ,commissioner for the full costs of the responsibilities of the ,commissioner under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 as amended by section #c of this ,act1 including 7but not limited to7-- 7,a7 acquiring1 installing1 and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the ,commissioner under such section #bgd;,a7d71 but only that portion of such costs that are attributable exclusively to such responsibilities2 and 7,b7 responding to individuals who contest a tentative nonconfirmation provided by the employment eligibility verification system established under such section2 7#b7 provide such funds annually in advance of the applicable quarter based on estimating methodology agreed to by the ,commissioner and the ,secretary 7except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments72 and 7#c7 require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement1 which shall be reviewed by the ,inspectors ,general of the ,social ,security ,administration and the ,department of ,homeland ,security4 7b7 ,continuation of employment verification in absence of timely agreement ,in any case in which the agreement required under subsection 7a7 for any fiscal year beginning on or after ,october #a1 #bjac1 has not been reached as of ,october #a of such fiscal year1 the latest agreement between the ,commissioner and the ,secretary of ,homeland ,security providing for funding to cover the costs of the responsibilities of the ,commissioner under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d77 shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection 7a7 is subsequently reached1 except that the terms of such interim agreement shall be modified by the ,director of the ,office of ,management and ,budget to adjust for inflation and any increase or decrease in the volume of requests under the employment eligibility verification system4 ,in any case in which an interim agreement applies for any fiscal year under this subsection1 the ,commissioner and the ,secretary shall1 not later than ,october #a of such fiscal year1 notify the ,committee on ,ways and ,means1 the ,committee on the ,judiciary1 and the ,committee on ,appropriations of the ,house of ,representatives and the ,committee on ,finance1 the ,committee on the ,judiciary1 and the ,committee on ,appropriations of the ,senate of the failure to reach the agreement required under subsection 7a7 for such fiscal year4 ,until such time as the agreement required under subsection 7a7 has been reached for such fiscal year1 the ,commissioner and the ,secretary shall1 not later than the end of each #ij-;day period after ,october #a of such fiscal year1 notify such ,committees of the status of negotiations between the ,commissioner and the ,secretary in order to reach such an agreement4 #aa4 ,fraud prevention 7a7 ,blocking misused social security account numbers ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program in which social security account numbers that have been identified to be subject to unusual multiple use in the employment eligibility verification system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 as amended by section #c of this ,act1 or that are otherwise suspected or determined to have been compromised by identity fraud or other misuse1 shall be blocked from use for such system purposes unless the individual using such number is able to establish1 through secure and fair additional security procedures1 that the individual is the legitimate holder of the number4 7b7 ,allowing suspension of use of certain social security account numbers ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program which shall provide a reliable1 secure method by which victims of identity fraud and other individuals may suspend or limit the use of their social security account number or other identifying information for purposes of the employment eligibility verification system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 as amended by section #c of this ,act4 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 7c7 ,allowing parents ,to prevent theft of their child's identity ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program which shall provide a reliable1 secure method by which parents or legal guardians may suspend or limit the use of the social security account number or other identifying information of a minor under their care for the purposes of the employment eligibility verification system established under #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d771 as amended by section #c of this ,act4 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 #ab4 ,identity authentication employment eligibility verification pilot program ,not later than #dh months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 after consultation with the ,commissioner of ,social ,security and the ,director of the ,national ,institute of ,standards and ,technology1 shall establish by regulation an ,identity ,authentication ,employment ,eligibility ,verification pilot program 7the ,authentication ,pilot74 ,the purpose of the ,authentication ,pilot shall be to provide for identity authentication and employment eligibility verification with respect to enrolled new employees which shall be available to subject employers who elect to participate in the ,authentication ,pilot4 ,any subject employer may cancel the employer's participation in the ,authentication ,pilot after one year after electing to participate without prejudice to future participation4 #ac4 ,inspector ,general audits 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,social ,security ,administration shall complete audits of the following categories in order to uncover evidence of individuals who are not authorized to work in the ,united ,states3 7#a7 ,workers who dispute wages reported on their social security account number when they believe someone else has used such number and name to report wages4 7#b7 ,children's social security account numbers used for work purposes4 7#c7 ,employers whose workers present significant numbers of mismatched social security account numbers or names for wage reporting4 7b7 ,submission ,the ,inspector ,general of the ,social ,security ,administration shall submit the audits completed under subsection 7a7 to the ,committee on ,ways and ,means of the ,house of ,representative and the ,committee on ,finance of the ,senate for review of the evidence of individuals who are not authorized to work in the ,united ,states4 ,the ,chairmen of those ,committees shall then determine information to be shared with the ,secretary of ,homeland ,security so that such ,secretary can investigate the unauthorized employment demonstrated by such evidence4