,i #aafth ,,congress #b;d ,session ,h4 ,r4 #fjhc ,,in ,,the ,,house ,,of ,,representatives ,march #d1 #bjbj ,mr4 ,yoho 7for himself1 ,mr4 ,thompson of ,pennsylvania1 ,mr4 ,dunn1 ,mr4 ,rouzer1 ,mr4 ,barr1 ,mr4 ,budd1 ,mrs4 ,hartzler1 ,mr4 ,mc,caul1 ,mr4 ,case1 ,mr4 ,kelly of ,pennsylvania1 and ,mr4 ,norman7 introduced the following bill2 which was referred to the ,committee on the ,judiciary1 and in addition to the ,committees on ,education and ,labor1 ,ways and ,means1 and ,energy and ,commerce1 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 create a nonimmigrant ,h-#b;,c work visa program for agricultural workers1 to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,labor ,certainty for ,food ,security ,act of #bjbj4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,,agricultural ,,guestworker ,,program ,sec4 #aja4 ,short title4 ,sec4 #ajb4 ,h-#b;,c temporary agricultural work visa program4 ,sec4 #ajc4 ,admission of temporary ,h-#b;,c workers4 ,sec4 #ajd4 ,mediation4 ,sec4 #aje4 ,migrant and seasonal agricultural worker protection4 ,sec4 #ajf4 ,binding arbitration4 ,sec4 #ajg4 ,coverage through health exchanges2 required health insurance coverage4 ,sec4 #ajh4 ,establishment of an agricultural worker employment pool4 ,sec4 #aji4 ,prevailing wage4 ,sec4 #aaj4 ,portability of ,h-#b;,c status4 ,sec4 #aaa4 ,collection of taxes4 ,sec4 #aab4 ,effective dates2 regulations2 defined terms4 ,sec4 #aac4 ,report on compliance and violations4 ,sec4 #aad4 ,electronic filing system4 ,,title ,,ii--,,legal ,,workforce ,,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,employment eligibility verification process4 ,sec4 #bjc4 ,employment eligibility verification system4 ,sec4 #bjd4 ,recruitment1 referral1 and continuation of employment4 ,sec4 #bje4 ,good faith defense4 ,sec4 #bjf4 ,preemption and ,states' rights4 ,sec4 #bjg4 ,repeal4 ,sec4 #bjh4 ,penalties4 ,sec4 #bji4 ,fraud and misuse of documents4 ,sec4 #baj4 ,protection of ,social ,security ,administration programs4 ,sec4 #baa4 ,fraud prevention4 ,sec4 #bab4 ,use of employment eligibility verification photo tool4 ,sec4 #bac4 ,identity ,authentication ,employment ,eligibility ,verification pilot programs4 ,sec4 #bad4 ,inspector ,general audits4 ,,title ,,iii--,h-#b;,a ,,program ,sec4 #cja4 ,administration by ,department of ,agriculture4 ,sec4 #cjb4 ,defining agricultural labor4 ,sec4 #cjc4 ,wage structure and other amendments to ,h-#b;,a program4 ,sec4 #cjd4 ,biometric identification card4 ,sec4 #cje4 ,effective date4 ,i ,agricultural guestworker program #aja4 ,short title ,this title may be cited as the ,agricultural ,guestworker ,reform ,act4 #ajb4 ,h-#b;,c temporary agricultural work visa program 7a7 ,in general ,section #aja7;a77#ae77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77 is amended by striking 2 or 7iii7 and inserting 1 or 7c7 who is coming temporarily to the ,united ,states to perform agricultural labor or services as an at-will employee2 or 7iii74 7b7 ,definition ,section #aja7;a7 of such ,act 7#h ,u4,s4,c4 #aaja7;a77 is amended by adding at the end the following3 7#ec7 ,the term agricultural labor or services has the meaning given such term by the ,secretary of ,agriculture in regulations and includes-- 7,a7 agricultural labor as defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf2 7,b7 agriculture as defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f772 7,c7 the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state up to the point it is to be sold to a warehouse for wholesale distribution2 7,d7 all activities required for the preparation1 processing or manufacturing of a product of agriculture 7as such term is defined in such section #c7;f771 or fish or shellfish1 for further distribution2 7,e7 forestry-related activities up to the point of wholesale to a distribution facility2 7,f7 aquaculture activities up to the point of wholesale distribution2 and 7,g7 activities related to the breeding1 management1 training1 and racing of equines4 ,for purposes of labor involving meat or poultry processing1 the term only includes the killing of animals and the breakdown of their carcasses up to the point of wholesale distribution1 and the collection1 cleaning1 grading1 and packaging of eggs up to the point of wholesale distribution4 4 #ajc4 ,admission of temporary ,h-#b;,c workers 7a7 ,procedure for admission ,chapter #b of title ,,ii of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaha et seq47 is amended by inserting after section #bah the following3 #bah;,a4 ,admission of temporary ,h-#b;,c workers 7a7 ,definitions ,in this section3 7#a7 ,displace ,the term displace means to lay off a ,united ,states worker from the job for which ,h-#b;,c workers are sought4 7#b7 ,job ,the term job refers to all positions with an employer that-- 7,a7 involve essentially the same responsibilities2 7,b7 are held by workers with substantially equivalent qualifications and experience2 and 7,c7 are located in the same place or places of employment4 7#c7 ,employer ,the term employer includes a single or joint employer1 including-- 7,a7 an association acting as a joint employer with its members1 who hires workers to perform agricultural labor or services2 and 7,b7 any association of farmers1 producers or harvesters of aquatic products1 or any federation of such associations1 which is operated on a cooperative basis1 and has the powers for processing1 preparing for market1 handling1 or marketing farm or aquatic products4 7#d7 ,forestry-related activities ,the term forestry-related activities includes tree planting1 timber harvesting1 logging operations1 brush clearing1 vegetation management1 herbicide application1 the maintenance of rights-of-way 7including for roads1 trails1 and utilities71 regardless of whether such right-of-way is on forest land1 and the harvesting of pine straw4 7#e7 ,h-#b;,c worker ,the term ,h-#b;,c worker means a nonimmigrant described in section #aja7;a77#ae77;,h77ii77c74 7#f7 ,lay off 7,a7 ,in general ,the term lay off-- 7i7 means to cause a worker's loss of employment1 other than through a discharge for inadequate performance1 violation of workplace rules1 cause1 voluntary departure1 voluntary retirement1 or the expiration of a grant or contract 7other than a temporary employment contract entered into in order to evade a condition described in paragraph 7#d7 of subsection 7b772 and 7ii7 does not include any situation in which the worker is offered1 as an alternative to such loss of employment1 a similar position with the same employer at equivalent or higher wages and benefits than the position from which the employee was discharged1 regardless of whether or not the employee accepts the offer4 7,b7 ,construction ,nothing in this paragraph is intended to limit an employee's rights under a collective bargaining agreement or other employment contract4 7#g7 ,united ,states worker ,the term ,united ,states worker means any worker who is-- 7,a7 a citizen or national of the ,united ,states2 or 7,b7 an alien who is lawfully admitted for permanent residence1 is admitted as a refugee under section #bjg1 or is granted asylum under section #bjh4 7b7 ,petition ,an employer that seeks to employ aliens as ,h-#b;,c workers under this section shall file with the ,secretary of ,homeland ,security a petition attesting to the following3 7#a7 ,offer of employment ,the employer will offer employment to the aliens on an at-will basis4 7#b7 ,temporary labor or services 7,a7 ,in general ,the employer is seeking to employ a specific number of ,h-#b;,c workers on a temporary basis and will provide compensation to such workers at a wage rate no less than that set forth in subsection 7j77#b74 7,b7 ,definition ,for purposes of this paragraph1 a worker is employed on a temporary basis if the employer intends to employ the worker for no longer than the time period set forth in subsection 7m77#a7 7subject to the exceptions in subsection 7m77#c774 7#c7 ,benefits1 wages1 and working conditions ,the employer will provide1 at a minimum1 the benefits1 wages1 and working conditions required by subsection 7j7 to all workers employed in the job for which the ,h-#b;,c workers are sought4 7#d7 ,nondisplacement of ,united ,states workers ,the employer did not displace and will not displace ,united ,states workers employed by the employer during the period of employment of the ,h-#b;,c workers and during the #cj-;day period immediately preceding such period of employment in the job for which the employer seeks approval to employ ,h-#b;,c workers4 7#e7 ,recruitment 7,a7 ,in general ,the employer-- 7i7 conducted adequate recruitment before filing the petition2 and 7ii7 was unsuccessful in locating sufficient numbers of willing and qualified ,united ,states workers for the job for which the ,h-#b;,c workers are sought4 7,b7 ,other requirements ,the recruitment requirement under subparagraph 7,a7 is satisfied if the employer places a local job order with the ,state workforce agency serving each place of employment1 except that nothing in this subparagraph shall require the employer to file an interstate job order under section #fec of title #bj1 ,code of ,federal ,regulations4 ,the ,state workforce agency shall post the job order on its official agency website for a minimum of #cj days and not later than #c days after receipt using the employment statistics system authorized under section #ae of the ,wagner-,peyser ,act 7#bi ,u4,s4,c4 #dil-#b74 ,the ,secretary of ,labor shall include links to the official websites of all ,state workforce agencies on a single webpage of the official website of the ,department of ,labor4 7,c7 ,end of recruitment requirement ,the requirement to recruit ,united ,states workers for a job shall terminate on the first day that work begins for any ,h-#b;,c worker for whom the petition was filed4 7#f7 ,offers to ,united ,states workers ,the employer has offered or will offer the job for which the ,h-#b;,c workers are sought to any eligible ,united ,states workers who-- 7,a7 apply2 7,b7 are qualified for the job2 and 7,c7 will be available at the time1 at each place1 and for the duration1 of need4 ,this requirement shall not apply to ,united ,states workers who apply for the job on or after the first day that work begins for the ,h-#b;,c workers4 7#g7 ,strike or lockout ,the job that is the subject of the petition is not vacant because the former workers in that job are on strike or locked out in the course of a labor dispute4 7c7 ,list 7#a7 ,in general ,the ,secretary of ,homeland ,security shall maintain a list of the petitions filed under this subsection1 which shall-- 7,a7 be sorted by employer2 and 7,b7 include the number of ,h-#b;,c workers sought1 the wage rate1 the period of employment1 each place of employment1 and the date of need for each alien4 7#b7 ,availability ,the ,secretary of ,homeland ,security shall make the list available for public examination4 7d7 ,petitioning for admission 7#a7 ,consideration of petitions ,for petitions filed and considered under this subsection-- 7,a7 the ,secretary of ,homeland ,security may not require such petition to be filed more than #bh days before the first date the employer requires the labor or services of ,h-#b;,c workers2 7,b7 within the appropriate time period under subparagraph 7,c7 or 7,d71 the ,secretary of ,homeland ,security shall-- 7i7 approve the petition2 7ii7 reject the petition2 or 7iii7 determine that the petition is incomplete or obviously inaccurate or that the employer has not complied with the requirements of subsection 7b77#e77;,a77i7 7which the ,secretary can ascertain by verifying whether the employer has placed a local job order as provided for in subsection 7b77#e77;,b772 7,c7 if the ,secretary determines that the petition is incomplete or obviously inaccurate1 or that the employer has not complied with the requirements of subsection 7b77#e77;,a77i7 7which the ,secretary can ascertain by verifying whether the employer has placed a local job order as provided for in subsection 7b77#e77;,b771 the ,secretary shall-- 7i7 within #e business days of receipt of the petition1 notify the petitioner of the deficiencies to be corrected by means ensuring same or next day delivery2 and 7ii7 within #e business days of receipt of the corrected petition1 approve or reject the petition and provide the petitioner with notice of such action by means ensuring same or next day delivery2 and 7,d7 if the ,secretary does not determine that the petition is incomplete or obviously inaccurate1 the ,secretary shall not later than #aj business days after the date on which such petition was filed1 either approve or reject the petition and provide the petitioner with notice of such action by means ensuring same or next day delivery4 7#b7 ,access ,by filing an ,h-#b;,c petition1 the petitioner and each employer 7if the petitioner is an association that is a joint employer of workers who perform agricultural labor or services7 consent to allow access to each place of employment to the ,department of ,agriculture and the ,department of ,homeland ,security for the purpose of investigations and audits to determine compliance with the immigration laws 7as defined in section #aja7;a77#ag774 7#c7 ,confidentiality of information ,no information contained in a non-fraudulent petition filed by an employer pursuant to subsection 7b7 which is not otherwise available to the ,secretary of ,homeland ,security may be used-- 7,a7 in a civil or criminal prosecution or investigation of the petitioning employer under section #bgd;,a or the ,internal ,revenue ,code of #aihf for unlawful employment of an alien who is the beneficiary of such petition2 or 7,b7 for the purpose of initiating or proceeding with removal proceedings with respect to an alien who is the beneficiary of such petition1 except in the case of an alien with respect to whom a petition is denied4 7e7 ,roles of agricultural associations 7#a7 ,treatment of associations acting as employers ,if an association is a joint employer of workers who perform agricultural labor or services1 ,h-#b;,c workers may be transferred among its members to perform the agricultural labor or services on a temporary basis for which the petition was approved4 7#b7 ,treatment of violations 7,a7 ,individual member ,if an individual member of an association that is a joint employer commits a violation described in paragraph 7#b7 or 7#c7 of subsection 7h7 or subsection 7i77#a71 the ,secretary of ,agriculture shall invoke penalties pursuant to subsections 7h7 and 7i7 against only that member of the association unless the ,secretary of ,agriculture determines that the association participated in1 had knowledge of1 or had reason to know of the violation4 7,b7 ,association of agricultural employers ,if an association that is a joint employer commits a violation described in subsections 7h7 7#b7 and 7#c7 or 7i77#a71 the ,secretary of ,agriculture shall invoke penalties pursuant to subsections 7h7 and 7i7 against only the association and not any individual members of the association1 unless the ,secretary determines that the member participated in the violation4 7f7 ,expedited administrative appeals ,the ,secretary of ,homeland ,security shall promulgate regulations to provide for an expedited procedure for the review of a denial of a petition under this section by the ,secretary4 ,at the petitioner's request1 the review shall include a de novo administrative hearing at which new evidence may be introduced4 7g7 ,fees ,the ,secretary of ,homeland ,security shall require1 as a condition of approving the petition1 the payment of a fee of #b1ejj to recover the reasonable cost of processing the petition4 7h7 ,enforcement 7#a7 ,investigations and audits ,the ,secretary of ,agriculture shall be responsible for conducting investigations and audits1 including random audits1 of employers to ensure compliance with the requirements of the ,h-#b;,c program4 ,all monetary fines levied against employers shall be paid to the ,department of ,agriculture and used to enhance the ,department of ,agriculture's investigative and auditing abilities to ensure compliance by employers with their obligations under this section4 7#b7 ,violations ,if the ,secretary of ,agriculture finds1 after notice and opportunity for a hearing1 a failure to fulfill an attestation required by this subsection1 or a material misrepresentation of a material fact in a petition under this subsection1 the ,secretary-- 7,a7 may impose such administrative remedies 7including civil money penalties in an amount not to exceed #a1jjj per violation7 as the ,secretary determines to be appropriate2 and 7,b7 may disqualify the employer from the employment of ,h-#b;,c workers for a period of #a year4 7#c7 ,willful violations ,if the ,secretary of ,agriculture finds1 after notice and opportunity for a hearing1 a willful failure to fulfill an attestation required by this subsection1 or a willful misrepresentation of a material fact in a petition under this subsection1 the ,secretary-- 7,a7 may impose such administrative remedies 7including civil money penalties in an amount not to exceed #e1jjj per violation1 or not to exceed #ae1jjj per violation if in the course of such failure or misrepresentation the employer displaced one or more ,united ,states workers employed by the employer during the period of employment of ,h-#b;,c workers or during the #cj-;day period immediately preceding such period of employment7 in the job the ,h-#b;,c workers are performing as the ,secretary determines to be appropriate2 7,b7 may disqualify the employer from the employment of ,h-#b;,c workers for a period of #b years2 7,c7 may1 for a subsequent failure to fulfill an attestation required by this subsection1 or a misrepresentation of a material fact in a petition under this subsection1 disqualify the employer from the employment of ,h-#b;,c workers for a period of #e years2 and 7,d7 may1 for a subsequent willful failure to fulfill an attestation required by this subsection1 or a willful misrepresentation of a material fact in a petition under this subsection1 permanently disqualify the employer from the employment of ,h-#b;,c workers4 7i7 ,failure ,to pay wages or required benefits 7#a7 ,in general ,if the ,secretary of ,agriculture finds1 after notice and opportunity for a hearing1 that the employer has failed to provide the benefits1 wages1 and working conditions that the employer has attested that it would provide under this subsection1 the ,secretary shall require payment of back wages1 or such other required benefits1 due any ,united ,states workers or ,h-#b;,c workers employed by the employer4 7#b7 ,amount ,the back wages or other required benefits described in paragraph 7#a7-- 7,a7 shall be equal to the difference between the amount that should have been paid and the amount that was paid to such workers2 and 7,b7 shall be distributed to the workers to whom such wages or benefits are due4 7j7 ,minimum wages1 benefits1 and working conditions 7#a7 ,preferential treatment of ,h-#b;,c workers prohibited 7,a7 ,in general ,each employer seeking to hire ,united ,states workers for the job the ,h-#b;,c workers will perform shall offer such ,united ,states workers not less than the same benefits1 wages1 and working conditions that the employer will provide to the ,h-#b;,c workers1 except that if an employer chooses to provide ,h-#b;,c workers with housing or a housing allowance1 the employer need not offer housing or a housing allowance to such ,united ,states workers4 ,no job offer may impose on ,united ,states workers any restrictions or obligations which will not be imposed on ,h-#b;,c workers4 7,b7 ,interpretation ,every interpretation and determination made under this section or under any other law1 regulation1 or interpretative provision regarding the nature1 scope1 and timing of the provision of these and any other benefits1 wages1 and other terms and conditions of employment shall be made so that-- 7i7 the services of workers to their employers and the employment opportunities afforded to workers by the employers1 including those employment opportunities that require ,united ,states workers or ,h-#b;,c workers to travel or relocate in order to accept or perform employment-- 7,i7 mutually benefit such workers1 as well as their families1 and employers2 and 7,,ii7 principally benefit neither employer nor employee2 and 7ii7 employment opportunities within the ,united ,states benefit the ,united ,states economy4 7#b7 ,required wages 7,a7 ,in general ,each employer petitioning for ,h-#b;,c workers under this subsection shall offer the ,h-#b;,c workers1 during the period of authorized employment as ,h-#b;,c workers1 wages that are at least the greatest of-- 7i7 the applicable ,state or local minimum wage2 7ii7 #aae percent of the ,federal minimum wage2 or 7iii7 the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question4 7,b7 ,alternate wage payment systems ,an employer can utilize a piece rate or other alternative wage payment system so long as the employer guarantees each worker a wage rate that equals or exceeds the amount required under subparagraph 7,a7 for the total hours worked in each pay period4 7k7 ,nondelegation ,the ,department of ,agriculture and the ,department of ,homeland ,security shall not delegate their investigatory1 enforcement1 or administrative functions relating to this section to other agencies or departments of the ,federal ,government4 7l7 ,compliance with bio-,security protocols ,except in the case of an imminent threat to health or safety1 any personnel from a ,federal agency or ,federal grantee seeking to determine the compliance of an employer with the requirements of this section shall1 when visiting such employer's place of employment1 make their presence known to the employer and sign-in in accordance with reasonable bio-security protocols before proceeding to any other area of the place of employment4 7m7 ,limitation on ,h-#b;,c workers' stay in status 7#a7 ,maximum period ,the maximum continuous period of authorized stay as an ,h-#b;,c worker is #cf months4 ,the employer shall file any petition to extend the period of authorized stay for such ,h-#b;,c worker not later than #f months before the expiration of the period of authorized stay4 ,in addition to the maximum continuous period of authorized stay1 an ,h-#b;,c worker may also be present for a period of not more than #g days prior to the beginning of authorized employment as an ,h-#b;,c worker for the purpose of travel to the place of employment4 ,notwithstanding the duration of the employment requested by the employer petitioning for the admission of an ,h-#b;,c worker1 if the alien is granted a visa1 at the request of the alien1 the term of the visa shall be for the maximum period described in this subsection1 except that subsection 7n7 shall apply to such alien4 7#b7 ,exception ,there is no maximum continuous period of authorized status as set forth in paragraph 7#a7 for ,h-#b;,c workers who return to the workers' permanent residence outside the ,united ,states each day4 7n7 ,alternate employment after termination ,if an ,h-#b;,c worker's employment with a registered agricultural employer is terminated that alien may seek employment with any other registered agricultural employer4 ,if the alien does not obtain such employment by not later than #ad days after the termination of that alien's employment1 the period of authorized stay shall terminate #bh days after the date of termination and the alien shall be required to depart the ,united ,states unless the alien is otherwise lawfully present4 7o7 ,change to ,h-#b;,c status 7#a7 ,waiver ,until the date that is #ab months after the issuance of final rules carrying out this ,act1 in the case of an alien described in paragraph 7#b71 the ,secretary of ,homeland ,security shall waive the grounds of inadmissibility under paragraphs 7#e77;,a71 7#f77;,a71 7#f77;,c71 7#g71 7#i77;,b71 and 7#i77;,c7 of section #bab7;a71 and the grounds of deportability under paragraphs 7#a77;,a7 7with respect to the grounds of inadmissibility waived under this paragraph71 7#a77;,b71 7#a77;,c71 7#c77;,a71 and 7#c77;,c7 of section #bcg7;a71 with respect to conduct that occurred prior to the alien first receiving status as an ,h-#b;,c worker1 solely in order to provide the alien with such status4 7#b7 ,alien described ,an alien described in this paragraph is an alien who-- 7,a7 was unlawfully present in the ,united ,states on ,march #d1 #bjbj2 and 7,b7 performed agricultural labor or services in the ,united ,states for at least #e4ge hours during each of at least #bbe days during the #b-year period ending on ,march #d1 #bjbj4 7#c7 ,special approval procedures ,the ,secretary shall grant parole to any alien described in paragraph 7#b7 who makes an application therefore1 for a period beginning on the date of enactment of this ,act and ending on the date that is #ab months after the issuance of final rules carrying out this ,act4 ,such a parolee may be authorized for employment only to perform agricultural labor or services during the term of such parole4 ,in the case of any alien who applies for parole under this paragraph the ,secretary shall make a determination as to the admissibility of such alien except with regard to the grounds of inadmissibility waived under paragraph 7#a74 ,such parole may not extend past the final disposition of any application under this subsection4 7#d7 ,fine ,before an alien described in paragraph 7#b7 can be provided with nonimmigrant status under section #aja7;a77#ae77;,h77ii77c71 the alien shall pay a fine of #b1ejj1 which shall be deposited into a trust fund that shall be available to the ,secretary of ,agriculture for purposes of administering this section4 7#e7 ,immediate relatives 7,a7 ,parole and nonimmigrant status ,the spouse or child of an alien described under paragraph 7#b7 and who are cohabitating with that alien at the time of application-- 7i7 shall be granted parole under this subsection when such alien receives parole1 under the same terms and conditions1 except that the spouse or child may not be authorized for employment2 and 7ii7 for the term that such alien is provided with status as an ,h-#b;,c worker1 shall be provided nonimmigrant status equivalent to the status of the status accorded a spouse or child if accompanying or following to join an alien who had status under section #aja7;a77#ae77;,h74 7,b7 ,waivers ,for purposes of this paragraph1 the ,secretary shall apply paragraph 7#a7 to such spouse or child as though the spouse or child was the alien described in paragraph 7#b74 7,c7 ,documentation ,the ,secretary of ,homeland ,security shall provide the spouse or child with documentation of such status4 7p7 ,flexibility with respect to start dates ,upon approval of a petition with regard to jobs that are of a temporary or seasonal nature1 the employer may begin the employment of petitioned-for ,h-#b;,c workers up to ten months after the first date the employer requires the labor or services of ,h-#b;,c workers4 ,an employer may file a petition involving employment in the same occupational classification and same area of intended employment with multiple start dates4 7q7 ,transportation ,an employer may1 but is not required to1 offer transportation to an ,h-#b;,c worker1 and may also charge a reasonable fee for the same4 ,any transportation offered shall comply with all applicable requirements of ,federal and ,state law4 7r7 ,adjustment of status ,in applying section #bde to an alien who is an ,h-#b;,c worker who was the beneficiary of a waiver under subsection 7o77#a7-- 7#a7 such alien shall be deemed to have been inspected and admitted into the ,united ,states2 and 7#b7 in determining the alien's admissibility as an immigrant1 paragraphs 7#e77;,a71 7#f77;,a71 7#f77;,c71 7#g71 7#i77;,b71 and 7#i77;,c77i77,i7 of section #bab7;a7 shall not apply with respect to conduct that occurred prior to the alien first receiving status as an ,h-#b;,c worker4 7s7 ,biometric identification card ,an ,h-#b;,c worker shall be issued1 upon being approved for status as an ,h-#b;,c worker1 an encrypted1 machine-readable electronic identification card to be known as a guestworker identification card which shall-- 7#a7 have an electronic identification strip to be used for all ,h-#b;,c workers2 7#b7 have a #ae-;digit numerical identification code that may be used for tax withholdings and for verifying an ,h-#b;,c worker's employment approval for agriculture specifically2 7#c7 include a photograph on the front1 and such other information as the ,secretary determines necessary stored on a card containing microprocessors for data storage including1 fingerprints1 retinal scans1 ,,dna1 blood type1 and facial recognition2 7#d7 be eligible for replacement not more than once in a #c-year period2 7#e7 include the start and end date of the period of approved stay of the ,h-#b;,c worker and a statement that the ,h-#b;,c worker is a year-round worker2 7#f7 have physical and electronic security features to prevent fraudulent uses or any misuse as determined by the ,secretary2 and 7#g7 have the ,h-#b;,c worker's program identification number clearly visible4 7t7 ,card reader 7#a7 ,in general ,the ,secretary of ,homeland ,security shall develop or otherwise designate a card reader for ,h-#b;,c workers to check in and verify their place of employment for purposes of verification under section #bgd;,a using the guestworker identification card1 and acquire a sufficient number of such readers4 7#b7 ,placement ,each ,u4,s4 ,postal ,service office shall reserve a space to place such a card reader4 ,after the card reader has been developed or selected1 the ,secretary of ,homeland ,security shall place the card readers at each ,,usps office4 ,employers may also reserve a space at the jobsite to place a card reader4 ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,agriculture1 shall develop a process by which employers may request the card readers4 ,the ,secretary of ,homeland ,security may1 in order to recover the cost of the card reader1 charge an employer a fee to place the card reader at the jobsite4 7#c7 ,check in required ,an ,h-#b;,c worker shall be required to check in at a guestworker identification card reader at the closest1 or most convenient1 ,post ,office or at his place of employment within the first #gb hours of entering the ,united ,states to verify employment4 ,the ,h-#b;,c worker shall check in at the beginning of each quarter of the calendar year1 and the ,h-#b;,c worker shall check in within #g days of each quarter4 ,if an ,h-#b;,c worker fails to check in1 the employer will be notified in writing and electronically1 and the ,h-#b;,c worker will be required to contact the ,secretary of ,agriculture within #g days to explain the occurrence4 ,if an ,h-#b;,c worker fails to check in for #b consecutive quarters1 the ,h-#b;,c worker will be removed from the program1 ineligible to reapply to the program for #c years1 and will be required to return to his home country4 ,the information collected by the ,department of ,homeland ,security1 or the ,department of ,agriculture1 by the guestworker identification card reader may only be used to verify compliance with this section or other reporting requirements under this section1 section #bad7s71 and section #aac of the ,labor ,certainty for ,food ,security ,act of #bjbj4 7#d7 ,rule of construction ,nothing in this subsection may be construed to require an ,h-#b;,a worker to check in under this subsection4 7u7 ,social security numbers ,an ,h-#b;,c worker may not be issued a social security account number4 ,in any case where such number would be necessary1 the guestworker identification number issued by the ,secretary of ,agriculture shall be used4 7v7 ,expedited approval for certain ,h-#b;,c workers ,the ,secretary of ,homeland ,security shall establish a process for expediting consideration of any petition for a worker who has previously been the subject of two consecutive petitions that were approved4 7w7 ,establishment and expansion of consulates ,the ,secretary of ,state is authorized to take such steps as may be necessary in order to expand and establish consulates in foreign countries in which aliens are likely to apply to become seasonal agricultural workers under the program4 7x7 ,eligibility for financial assistance ,an ,h-#b;,c worker is not eligible for any financial assistance program under ,federal law 7whether through grant1 loan1 guarantee1 or otherwise7 on the basis of financial need4 4 7b7 ,prohibition on family members ,section #aja7;a77#ae77;,h7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77 is amended by striking him2 at the end and inserting him1 except that no spouse or child may be admitted under clause 7ii77c7 7except as otherwise provided under section #bah;,a7o77#e7724 7c7 ,secretary of ,agriculture review of agricultural work needs ,section #bad of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7 is amended by adding at the end the following3 7s7 ,secretary of ,agriculture review of agricultural work needs 7#a7 ,in general ,the ,secretary of ,agriculture shall conduct a review1 on a continual basis1 of-- 7,a7 whether there are indicators of a shortage or surplus of workers performing agricultural labor or services2 7,b7 the growth or contraction in the ,united ,states agricultural industry and whether such growth or contraction has increased or decreased the demand for workers to perform agricultural labor or services2 7,c7 the level of unemployment and underemployment of ,united ,states workers 7as defined in section #bah;,a7a77 in agricultural labor or services2 7,d7 the number of ,h-#b;,c workers 7as defined in section #bah;,a7a77 who in the preceding fiscal year had to depart from the ,united ,states or be subject to removal under section #bcg7;a77#a77;,c77i7 because they could not find additional employment2 7,e7 the number of ,h-#b;,c workers who in the preceding calendar year received a final order of removal for violations under the immigration laws2 and 7,f7 the estimated number of nonimmigrant agricultural workers issued a visa or otherwise provided nonimmigrant status pursuant to section #aja7;a77#ae77;,h77ii7 7a7 or 7c7 during preceding fiscal years who remain in the ,united ,states out of compliance with the terms of their status4 7#b7 ,annual report ,each employer of ,h-#b;,c workers shall report to the ,secretary the number of ,h-#b;,c workers that are anticipated to be needed for the following calendar year4 4 7d7 ,intent ,section #bad7;b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;b77 is amended by striking section #aja7;a77#ae77;,h77i7 except subclause 7b#a7 of such section and inserting clause 7i71 except subclause 7b#a71 or 7ii77c7 of section #aja7;a77#ae77;,h74 7e7 ,clerical amendment ,the table of contents for the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja et seq47 is amended by inserting after the item relating to section #bah the following3 ,sec4 #bah;,a4 ,admission of temporary ,h-#b;,c workers4 4 #ajd4 ,mediation ,nonimmigrants having status under section #aja7;a77#ae77;,h77ii77c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77c77 may not bring civil actions for damages against their employers1 nor may any other attorneys or individuals bring civil actions for damages on behalf of such nonimmigrants against the nonimmigrants' employers1 unless at least #ij days prior to bringing an action a request has been made to the ,federal ,mediation and ,conciliation ,service to assist the parties in reaching a satisfactory resolution of all issues involving all parties to the dispute and mediation has been attempted4 #aje4 ,migrant and seasonal agricultural worker protection ,section #c7h77;,b77ii7 of the ,migrant and ,seasonal ,agricultural ,worker ,protection ,act 7#bi ,u4,s4,c4 #ahjb7h77;,b77ii77 is amended by striking under sections #aja7;a77#ae77;,h77ii77a7 and #bad7;c7 of the ,immigration and ,nationality ,act4 and inserting under subclauses 7a7 and 7c7 of section #aja7;a77#ae77;,h77ii71 and section #bad7;c71 of the ,immigration and ,nationality ,act44 #ajf4 ,binding arbitration 7a7 ,applicability ,h-#b;,c workers may1 as a condition of employment with an employer1 be subject to mandatory binding arbitration and mediation of any grievance relating to the employment relationship4 ,an employer shall provide any such workers with notice of such condition of employment at the time it makes job offers4 7b7 ,allocation of costs ,any cost associated with such arbitration and mediation process shall be equally divided between the employer and the ,h-#b;,c workers1 except that each party shall be responsible for the cost of its own counsel1 if any4 7c7 ,definitions ,as used in this section3 7#a7 ,the term condition of employment means a term1 condition1 obligation1 or requirement that is part of the job offer1 such as the term of employment1 job responsibilities1 employee conduct standards1 and the grievance resolution process1 and to which applicants or prospective ,h-#b;,c workers must consent or accept in order to be hired for the position4 7#b7 ,the term ,h-#b;,c worker means a nonimmigrant described in section #bah;,a7a77#e7 of the ,immigration and ,nationality ,act1 as added by this ,act4 #ajg4 ,coverage through health exchanges2 required health insurance coverage 7a7 ,coverage through health exchanges ,in applying section #acab7;f77#c7 of the ,patient ,protection and ,affordable ,care ,act 7#db ,u4,s4,c4 #ahjcb7;f77#c771 an ,h-#b;,c worker 7as defined in section #bah;,a7a77#e7 of the ,immigration and ,nationality ,act1 as added by this ,act7 shall not be treated as an individual who is1 or is reasonably expected to be1 a citizen or national of the ,united ,states or an alien lawfully present in the ,united ,states4 7b7 ,requirement regarding health insurance coverage 7#a7 ,in general ,notwithstanding the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bja et seq47 and ,state and local wage laws1 not later than #ba days after being issued a visa or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,h77ii77c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aaja7;a77#ae77;,h77ii77c771 an alien shall1 in the case that qualifying health coverage is offered in the ,state of employment or ,state of residence of such alien and the alien is eligible for such coverage1 for the period of employment specified in section #bah;,a7b77#a7 of the ,immigration and ,nationality ,act1 be enrolled under qualifying health coverage4 7#b7 ,qualifying health coverage ,for purposes of paragraph 7#a71 the term qualifying health coverage means1 with respect to an alien described in such paragraph1 the higher of the following levels of coverage applicable to such alien3 7,a7 ,at a minimum1 catastrophic health insurance coverage that provides coverage of such individual with respect to at least the ,state of employment and ,state of residence of the alien4 7,b7 ,in the case of an alien whose ,state of residence or ,state of employment requires such an alien to maintain coverage under health insurance1 such health insurance4 7#c7 ,additional health coverage ,h-#b;,c workers or employers thereof may pay for additional health insurance1 which must be a reasonable and fair price1 subject to ,state and ,federal requirements under law4 #ajh4 ,establishment of an agricultural worker employment pool ,the ,secretary of ,agriculture shall establish an agricultural worker employment pool and an electronic internet-based portal to assist ,h-#b;,c workers 7as such term is defined in section #bah;,a of the ,immigration and ,nationality ,act71 prospective ,h-#b;,c workers1 and employers to identify job opportunities in the ,h-#b;,c program and willing1 able1 and available workers for the program1 respectively1 and may charge a fee for the use of such portal4 #aji4 ,prevailing wage ,section #bab7p7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahb7p77 is amended-- 7#a7 in paragraph 7#a71 by inserting after subsections 7a77#e77;,a7 and 7s77#a77;,a77i77,,ii7 the following3 of this section and section #bah;,a7j77#b77;,b77ii72 and 7#b7 in paragraph 7#c71 by inserting after subsections 7a77#e77;,a7 and 7s77#a77;,a77i77,,ii7 the following3 of this section and section #bah;,a7j77#b77;,b77ii74 #aaj4 ,portability of ,h-#b;,c status ,section #bad7n77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7n77#a77 is amended by inserting after section #aja7;a77#ae77;,h77i77b7 the following3 or #aja7;a77#ae77;,h77ii77c74 #aaa4 ,collection of taxes ,for purposes of chapters #b1 #c1 #ba and #bc of the ,internal ,revenue ,code of #aihf1 any remuneration paid by any person to an individual for services as an ,h-#b;,c worker shall be treated in the same manner as wages with respect to employment of such individual4 ,notwithstanding any other provision of law1 an ,h-#b;,c worker shall be ineligible for any benefit payable under title ,,xviii of the ,social ,security ,act4 #aab4 ,effective dates2 regulations2 defined terms 7a7 ,in general ,sections #ajb and sections #ajd through #ajf of this title1 subsections 7a7 and 7c7 through 7f7 of section #ajc of this title1 and the amendments made by the sections1 shall take effect on the date on which the ,secretary issues the rules under paragraph 7#c71 and the ,secretary of ,homeland ,security shall accept petitions pursuant to section #bah;,a of the ,immigration and ,nationality ,act1 as inserted by this title1 beginning no later than that date4 ,sections #ajg and #aji of this title shall take effect on the date of the enactment of this ,act4 7b7 ,at-,will employment ,section #ajc7;b7 of this ,act and the amendments made by that subsection shall take effect when-- 7#a7 it becomes unlawful for all persons or other entities to hire1 or to recruit or refer for a fee1 for employment in the ,united ,states an individual 7as provided in section #bgd;,a7a77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#a777 without using the verification system set forth in section #bgd;,a7d7 of such ,act1 as amended by section #bjc of title ,,ii1 to seek verification of the employment eligibility of an individual2 and 7#b7 such verification system1 in providing confirmation of an individual's employment eligibility1 indicates whether an individual is eligible to be employed only to perform agricultural labor or services as a nonimmigrant who has been issued a visa or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,h77ii77c7 of the ,immigration and ,nationality ,act4 7c7 ,regulations ,notwithstanding any other provision of law1 not later than the first day of the seventh month that begins after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall issue final rules1 on an interim or other basis1 to carry out this title4 7d7 ,defined terms ,terms used in this title have the meanings given such terms in section #aja and section #bah;,a of the ,immigration and ,nationality ,act4 #aac4 ,report on compliance and violations ,not later than #a year after the first day on which employers can file petitions pursuant to section #bah;,a of the ,immigration and ,nationality ,act1 as added by section #ajc7;a7 of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,agriculture1 shall submit to the ,committees on the ,judiciary of the ,house of ,representatives and the ,senate a report on compliance by ,h-#b;,c workers with the requirements of this ,act and the ,immigration and ,nationality ,act1 as amended by this ,act4 ,in the case of a violation of a term or condition of the temporary agricultural work visa program established by this ,act1 the report shall identify the provision or provisions of law violated4 #aad4 ,electronic filing system ,the ,secretary of ,homeland ,security1 in coordination with the ,secretary of ,agriculture1 shall establish an electronic filing system for petitions under section #bah;,a of the ,immigration and ,nationality ,act1 as added by section #ajc7;a7 of this ,act1 and for applications and petitions for or relating to status under section #aja7;a77#ae77;,h77ii77a74 ,an employer shall be able to file any administrative appeal of a determination on such a petition or application through the system4 ,,ii ,legal ,workforce ,act #bja4 ,short title ,this title may be cited as the ,legal ,workforce ,act4 #bjb4 ,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 number1 guestworker identification number1 or ,united ,states passport 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 driver's license or identification card if it was issued by a ,state or ,american ,samoa and 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 or 7,,iii7 an individual's unexpired ,native ,american tribal identification document issued by a tribal entity recognized by the ,bureau of ,indian ,affairs4 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 handwritten 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 handwritten or electronic signature4 ,the individual shall also provide that individual's social security account number or ,united ,states passport 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 ,department of ,justice1 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 rescission 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 ,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 three 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 three business days after 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 #ab 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 #ab 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 facilities4 ,the term does not include the preparation of any food product that is to be served directly to the public4 ,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 ,department of ,justice1 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 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,b7 ,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 employed at the same geographic location or1 at the option of the employer1 all individuals employed within the same job category1 as the employee with respect to whom the employer seeks voluntarily to use the verification system4 ,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,c7 ,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 ,department of ,justice1 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 made except as authorized under paragraph 7#a77;,d77iv74 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 #bjc4 ,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 not later than #c days prior to the date of employment per 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 in the case of an individual with an existing social security number or passport number1 an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation immediately4 ,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 or agricultural guestworker identification 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 7,a7 ,in general ,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,b7 ,agricultural laborers ,the ,secretary of ,homeland ,security shall ensure that1 by the date that is #ab months after the date of the enactment of the ,legal ,workforce ,act1 whenever the verification system provides confirmation of an individual's employment eligibility1 it indicates whether the individual is eligible to be employed only to perform agricultural labor or services as a nonimmigrant who has been issued a visa or otherwise provided nonimmigrant status under section #aja7;a77#ae77;,h77ii77c74 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 #bjd4 ,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 this title1 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 #bje4 ,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 ,mitigation element ,for purposes of subparagraph 7,a77i71 if an employer proves by a preponderance of the evidence that the employer uses a reasonable1 secure1 and established technology to authenticate the identity of the new employee1 that fact shall be taken into account for purposes of determining good faith use of the system established under subsection 7d74 7,c7 ,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 #bjf4 ,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 audit1 investigation1 and fines1 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 #bjg4 ,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 this title4 7c7 ,effective date ,this section shall take effect on the date that is #ab months after the date of the enactment of this ,act4 7d7 ,clerical amendment ,the table of sections1 in section #a7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif1 is amended by striking the items relating to subtitle ,a of title ,,iv4 #bjh4 ,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 moving the margin of the continuation text following subparagraph 7,b7 two ems to the left and 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 ,mitigation element ,for purposes of paragraph 7#d71 the size of the business shall be taken into account when assessing the level of civil money penalty4 7#ab7 ,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 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 co-operative 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#ac7 ,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 five 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 7a7 7#a7 or 7#b7 shall be fined not more than #e1jjj for each unauthorized alien with respect to which such a violation occurs1 imprisoned for not more than #ah months1 or both1 notwithstanding the provisions of any other ,federal law relating to fine levels4 4 #bji4 ,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 #baj4 ,protection of ,social ,security ,administration programs 7a7 ,funding under agreement ,effective for fiscal years beginning on or after ,october #a1 #bjbj1 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 this title1 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 #bjbj1 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 #baa4 ,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 this title1 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 this title4 ,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 this title4 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 #bab4 ,use of employment eligibility verification photo tool ,an employer or entity who uses the photo matching tool1 if required by the ,secretary as part of the verification system1 shall match1 either visually1 or using facial recognition or other verification technology approved or required by the ,secretary1 the photo matching tool photograph to the photograph on the identity or employment eligibility document provided by the individual or to the face of the employee submitting the document for employment verification purposes1 or both1 as determined by the ,secretary4 #bac4 ,identity ,authentication ,employment ,eligibility ,verification pilot programs ,not later than #ab 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 not less than #b ,identity ,authentication ,employment ,eligibility ,verification pilot programs1 each using a separate and distinct technology 7the ,authentication ,pilots74 ,the purpose of the ,authentication ,pilots shall be to provide for identity authentication and employment eligibility verification with respect to enrolled new employees which shall be available to any employer that elects to participate in either of the ,authentication ,pilots4 ,any participating employer may cancel the employer's participation in the ,authentication ,pilot after one year after electing to participate without prejudice to future participation4 ,the ,secretary shall report to the ,committee on the ,judiciary of the ,house of ,representatives and the ,committee on the ,judiciary of the ,senate the ,secretary's findings on the ,authentication ,pilots1 including the authentication technologies chosen1 not later than #ab months after commencement of the ,authentication ,pilots4 #bad4 ,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 ,representatives 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 ,,iii ,h-#b;,a program #cja4 ,administration by ,department of ,agriculture 7a7 ,admission of non-,immigrants ,section #bad7;c77#a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahd7;c77#a77 is amended in the fifth sentence by striking means the ,department of ,labor and includes the ,department of ,agriculture and inserting means the ,department of ,agriculture4 7b7 ,administration of program ,section #bah of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh7 7hereinafter in this title referred to as section #bah7 is amended by striking ,secretary of ,labor each place such term appears and inserting ,secretary of ,agriculture4 #cjb4 ,defining agricultural labor 7a7 ,in general ,section #aja7;a77#ae77;,h7 of the ,immigration and ,nationality ,act is amended in clause 7ii77a7 by striking agricultural labor or services1 as defined by the ,secretary of ,labor in regulations and including agricultural labor 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 and the pressing of apples for cider on a farm1 of a temporary or seasonal nature1 and inserting agricultural labor or services of a temporary nature 7as such term is defined in section #bah74 7b7 ,definition ,section #bah is further amended in subsection 7i7 by adding at the end the following3 7#c7 ,agricultural labor or services of a temporary nature ,the term agricultural labor or services of a temporary or seasonal nature-- 7,a7 has the meaning given such term by the ,secretary of ,agriculture in regulations2 7,b7 includes non-seasonal employment2 and 7,c7 includes-- 7i7 agricultural labor as defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf2 7ii7 agriculture as defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f772 7iii7 all activities required for the preparation1 processing or manufacturing of a product of agriculture 7as such term is defined in such section #c7;f771 or fish or shellfish1 for further distribution2 7iv7 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 but only if the operator of the facility where such activities are conducted1 if not the farmer1 produced or provides such services to a farmer or other entity of which farmers are the owners1 partners or members who produced more than #ej percent of the commodity with respect to which such service is performed2 7v7 forestry-related activities up to the point of wholesale to a distribution facility2 7vi7 aquaculture activities up to the point of wholesale distribution2 7vii7 activities related to the breeding1 management1 training1 and racing of equines2 7viii7 the pressing of apples for cider on a farm2 7ix7 logging employment2 and 7x7 the transportation of any agricultural or horticultural product in its unmanufactured state by any person from the farm to a storage facility1 to market1 or to any place of handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading1 including at a packing house1 a processing establishment1 a gin1 a seed conditioning facility1 a mill1 or a grain elevator4 4 #cjc4 ,wage structure and other amendments to ,h-#b;,a program ,section #bah is further amended by adding at the end the following3 7j7 ,wage structure ,an ,h-#b;,a worker shall be paid at a rate equal to the highest of-- 7#a7 #aae percent of the ,federal minimum wage2 7#b7 the ,state minimum wage rate2 or 7#c7 the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question4 7k7 ,area of intended employment2 no extension of period of authorized stay 7#a7 ,area of intended employment ,the ,secretary of ,agriculture may consider an increased area of employment for an ,h-#b;,a petition that is not larger than the ,state in which the employer will employ the worker for the purposes of providing housing4 7#b7 ,no extension of period of authorized stay ,the period of authorized stay for an ,h-#b;,a worker may not exceed #aj months1 and no extensions of such period may be made4 7l7 ,application with staggered start dates ,in the case of any employer under this section who is applying for labor certifications for more than #a ,h-#b;,a worker1 that employer may file a single consolidated application1 subject to such terms and conditions as the ,secretary of ,homeland ,security may prescribe1 for all such workers1 and may specify multiple dates on which the employer first requires the labor or services of ,h-#b;,a workers covered by the application4 7m7 ,expedited approval for certain workers ,the ,secretary of ,homeland ,security shall establish a process for expediting consideration of any petition for an ,h-#b;,a worker who has previously been the subject of two consecutive petitions that were approved4 4 #cjd4 ,biometric identification card ,section #bah is further amended by adding at the end the following3 7n7 ,biometric identification card ,an ,h-#b;,a worker shall be issued1 upon being approved for status as an ,h-#b;,a worker1 an encrypted1 machine-readable electronic identification card to be known as a guestworker identification card which shall-- 7#a7 have an electronic identification strip to be used for all ,h-#b;,a workers2 7#b7 have a #ae-;digit numerical identification code that may be used for tax withholdings and for verifying an ,h-#b;,a worker's employment approval for agriculture specifically2 7#c7 include a photograph on the front1 and such other information as the ,secretary determines necessary stored on a card containing microprocessors for data storage including1 fingerprints1 retinal scans1 ,,dna1 blood type1 and facial recognition2 7#d7 be eligible for replacement not more than once in a #e-year period2 7#e7 include the start and end date of the period of approved stay of the ,h-#b;,a worker and a statement that the ,h-#b;,a worker is a seasonal worker2 7#f7 have physical and electronic security features to prevent fraudulent uses or any misuse as determined by the ,secretary2 and 7#g7 have the ,h-#b;,a worker's program identification number clearly visible4 7o7 ,social security numbers ,an ,h-#b;,a worker may not be issued a social security account number4 ,in any case where such number would be necessary1 the guestworker identification number issued by the ,secretary of ,agriculture shall be used4 4 #cje4 ,effective date ,this title and the amendments made by this title shall take effect beginning on the date that is not more than #b years after the date of enactment of this ,act4