,,ii #aafth ,,congress #ast ,session ,s4 #cja ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ca1 #bjai,mr4 ,portman introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to enforce work authorization requirements for immigrants4 #a4 ,short title ,this ,act may be cited as the ,e-,verify ,act of #bjai4 #b4 ,unlawful employment of unauthorized aliens ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended to read as follows3 #bgd;,a4 ,unlawful employment of aliens 7a7 ,making employment of unauthorized aliens unlawful 7#a7 ,in general ,it is unlawful for an employer-- 7,a7 to hire1 recruit1 or refer for a fee an alien for employment in the ,united ,states knowing that the alien is an unauthorized alien with respect to such employment2 or 7,b7 to hire1 recruit1 or refer for a fee for employment in the ,united ,states an individual without complying with the requirements under subsections 7c7 and 7d74 7#b7 ,continuing employment 7,a7 ,prohibition on continued employment of unauthorized aliens ,it is unlawful for an employer1 after hiring an alien for employment1 to continue to employ the alien in the ,united ,states knowing that the alien is 7or has become7 an unauthorized alien with respect to such employment4 7,b7 ,prohibition on consideration of previous unauthorized status ,nothing in this section may be construed to prohibit the employment of an individual who is authorized for employment in the ,united ,states if such individual was previously an unauthorized alien4 7#c7 ,use of labor through contract ,for purposes of this section1 any employer that uses a contract1 subcontract1 or exchange to obtain the labor of an alien in the ,united ,states while knowing that the alien is an unauthorized alien with respect to performing such labor shall be considered to have hired the alien for employment in the ,united ,states in violation of paragraph 7#a77;,a74 7#d7 ,use of ,state employment agency documentation ,for purposes of paragraphs 7#a77;,b71 7#e71 and 7#f71 an employer shall be deemed to have complied with the requirements under subsection 7c7 with respect to the hiring of an individual who was referred for such employment by a ,state employment agency 7as defined by the ,secretary7 if the employer has and retains 7for the period and in the manner described in subsection 7c77#c77 appropriate documentation of such referral by such agency1 certifying that such agency has complied with the procedures described in subsection 7c7 with respect to the individual's referral4 ,an employer that relies on a ,state agency's certification of compliance with subsection 7c7 under this paragraph may utilize and retain the ,state agency's certification of compliance with the procedures described in subsection 7d71 if any1 in the manner provided under this paragraph4 7#e7 ,good faith defense 7,a7 ,defense ,an employer1 person1 or entity that hires1 employs1 recruits1 or refers individuals for employment in the ,united ,states1 or is otherwise obligated to comply with the requirements under this section and establishes good faith compliance with the requirements under paragraphs 7#a7 through 7#d7 of subsection 7c7 and subsection 7d7-- 7i7 has established an affirmative defense that the employer1 person1 or entity has not violated paragraph 7#a77;,a7 with respect to hiring and employing2 and 7ii7 has established compliance with its obligations under subparagraph 7,a7 and 7,b7 of paragraph 7#a7 and subsection 7c7 unless the ,secretary demonstrates by clear and convincing evidence that the employer had knowledge that an individuals hired1 employed1 recruited1 or referred by the employer1 person1 or entity is an unauthorized alien4 7,b7 ,exception for certain employers ,an employer who is not required to participate in the ,system or who is participating in the ,system on a voluntary basis pursuant to subsection 7d77#b77;,j7 has established an affirmative defense under subparagraph 7,a7 and need not demonstrate compliance with the requirements under subsection 7d74 7#f7 ,good faith compliance 7,a7 ,in general ,except as otherwise provided in this subsection1 an employer1 person1 or entity is considered to have complied with a requirement under 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 minimis2 7ii7 the ,secretary has explained to the employer1 person1 or entity the basis for the failure and why it is not de minimis2 7iii7 the employer1 person1 or entity has been provided a period of not less than #cj days 7beginning after the date of the explanation7 to correct the failure2 and 7iv7 the employer1 person1 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 an employer1 person1 or entity that has engaged or is engaging in a pattern or practice of violations of paragraph 7#a77;,a7 or 7#b74 7#g7 ,presumption ,after the date on which an employer is required to participate in the ,system under subsection 7d71 the employer is presumed to have acted with knowledge for purposes of paragraph 7#a77;,a7 if the employer hires1 employs1 recruits1 or refers an employee for a fee and fails to make an inquiry to verify the employment authorization status of the employee through the ,system4 7#h7 ,continued application of workforce and labor protection remedies despite unauthorized employment 7,a7 ,in general ,subject only to subparagraph 7,b71 all rights and remedies provided under any ,federal1 ,state1 or local law relating to workplace rights1 including back pay1 are available to an employee despite-- 7i7 the employee's status as an unauthorized alien during or after the period of employment2 or 7ii7 the employer's or employee's failure to comply with the requirements of this section4 7,b7 ,reinstatement ,reinstatement shall be available to individuals who-- 7i7 are authorized to work in the ,united ,states at the time such relief is ordered or effectuated2 or 7ii7 lost employment-authorized status due to the unlawful acts of the employer under this section4 7b7 ,definitions ,in this section3 7#a7 ,commissioner ,the term ,commissioner means the ,commissioner of ,social ,security4 7#b7 ,department ,except as otherwise provided1 the term ,department means the ,department of ,homeland ,security4 7#c7 ,employer ,the term employer means any person or entity1 including an agency or department of a ,federal1 ,state1 or local government1 an agent1 or a ,system service provider acting on behalf of an employer1 that hires1 employs1 recruits1 or refers for a fee an individual for employment in the ,united ,states that is not casual1 sporadic1 irregular1 or intermittent 7as defined by the ,secretary74 7#d7 ,employment authorized status ,the term employment authorized status means1 with respect to an individual1 that the individual is authorized to be employed in the ,united ,states under the immigration laws of the ,united ,states4 7#e7 ,secretary ,except as otherwise specifically provided1 the term ,secretary means the ,secretary of ,homeland ,security4 7#f7 ,system ,the term ,system means the ,employment ,verification ,system established under subsection 7d74 7#g7 ,unauthorized alien ,the term unauthorized alien means an alien who1 with respect to employment in the ,united ,states at a particular time-- 7,a7 is not lawfully admitted for permanent residence2 or 7,b7 is not authorized to be employed under this ,act or by the ,secretary4 7#h7 ,workplace rights ,the term workplace rights means rights guaranteed under ,federal1 ,state1 or local labor or employment laws1 including laws concerning wages and hours1 benefits and employment standards1 labor relations1 workplace health and safety1 work-related injuries1 nondiscrimination1 and retaliation for exercising rights under such laws4 7c7 ,document verification requirements ,any employer hiring an individual for employment in the ,united ,states shall comply with the following requirements and the requirements under subsection 7d7 to verify that the individual has employment authorized status4 7#a7 ,attestation after examination of documentation 7,a7 ,in general 7i7 ,examination by employer ,an employer shall attest1 under penalty of perjury on a form prescribed by the ,secretary1 that the employer has verified the identity and employment authorization status of the individual-- 7,i7 by examining-- 7aa7 a document specified in subparagraph 7,c72 or 7bb7 a document specified in subparagraph 7,d7 and a document specified in subparagraph 7,e72 and 7,,ii7 by using an identity authentication mechanism described in clause 7iii7 or 7iv7 of subparagraph 7,f74 7ii7 ,publication of documents ,the ,secretary shall publish a picture of each document specified in subparagraphs 7,c7 and 7,e7 on the ,u4,s4 ,citizenship and ,immigration ,services website4 7,b7 ,requirements 7i7 ,form ,the form referred to in subparagraph 7,a77i7-- 7,i7 shall be prescribed by the ,secretary not later than #f months after the date of the enactment of the ,e-,verify ,act of #bjai2 7,,ii7 shall be available as-- 7aa7 a paper form2 7bb7 a form that may be completed by an employer via telephone or video conference2 7cc7 an electronic form2 or 7dd7 a form that is integrated electronically with the requirements under subparagraph 7,f7 and subsection 7d74 7ii7 ,attestation ,each such form shall require the employer to sign an attestation with a handwritten1 electronic1 or digital signature1 according to standards prescribed by the ,secretary4 7iii7 ,compliance ,an employer has complied with the requirements under this paragraph with respect to examination of the documents included in subclauses 7,i7 and 7,,ii7 of subparagraph 7,a77i7 if-- 7,i7 the employer has1 in good faith1 followed applicable regulations and any written procedures or instructions provided by the ,secretary2 and 7,,ii7 a reasonable person would conclude that the documentation is genuine and relates to the individual presenting such documentation4 7,c7 ,documents establishing identity and employment authorized status ,a document is specified in this subparagraph if the document is unexpired 7unless the validity of the document is extended by law7 and is #a of the following3 7i7 ,a ,united ,states passport or passport card issued to an individual pursuant to the ,secretary of ,state's authority under the ,act entitled ,an ,act to regulate the issue and validity of passports1 and for other purposes1 approved ,july #c1 #aibf 7#bb ,u4,s4,c4 #baa;a74 7ii7 ,a document issued to an alien evidencing that the alien is lawfully admitted for permanent residence or another document issued to an individual evidencing the individual's employment authorized status1 as designated by the ,secretary1 if the document-- 7,i7 contains a photograph of the individual1 or such other personal identifying information relating to the individual as the ,secretary determines1 by regulation1 to be sufficient for the purposes of this subparagraph2 7,,ii7 is evidence of employment authorized status2 and 7,,iii7 contains security features to make the document resistant to tampering1 counterfeiting1 and fraudulent use4 7iii7 ,an enhanced driver's license or identification card issued to a national of the ,united ,states by a ,state1 an outlying possession of the ,united ,states1 or a federally recognized ,indian tribe that-- 7,i7 meets the requirements under section #bjb of the ,,real ,,id ,act of #bjje 7division ,b of ,public ,law #aji-ac2 #di ,u4,s4,c4 #cjcja note72 and 7,,ii7 the ,secretary has certified by notice published in the ,federal ,register and through appropriate notice directly to employers registered in the ,system #c months prior to publication that such enhanced license or card is suitable for use under this subparagraph based upon the accuracy and security of the issuance process1 security features on the document1 and such other factors as the ,secretary may prescribe4 7iv7 ,a passport issued by the appropriate authority of a foreign country accompanied by a ,form ,i-#id or ,form ,i-#id;,a 7or similar successor record71 or other documentation as designated by the ,secretary that specifies the individual's status in the ,united ,states and the duration of such status if the proposed employment is not in conflict with any restriction or limitation specified on such form or documentation4 7v7 ,a passport issued by the ,federated ,states of ,micronesia or the ,republic of the ,marshall ,islands with evidence of nonimmigrant admission to the ,united ,states under the ,compact of ,free ,association between the ,united ,states and the ,federated ,states of ,micronesia or the ,republic of the ,marshall ,islands4 7,d7 ,documents establishing identity of individual ,a document is specified in this subparagraph if the document is unexpired 7unless the validity of the document is extended by law7 and is #a of the following3 7i7 ,a driver's license or identity card that is not described in subparagraph 7,c77iii7 and is issued to an individual by a ,state or an outlying possession of the ,united ,states1 a federally recognized ,indian tribe1 or an agency 7including military7 of the ,federal ,government if the driver's license or identity card includes1 at a minimum-- 7,i7 the individual's photograph1 name1 date of birth1 gender1 and driver's license or identification card number2 and 7,,ii7 security features to make the license or card resistant to tampering1 counterfeiting1 and fraudulent use4 7ii7 ,a voter registration card4 7iii7 ,a document that complies with the requirements under section #gbji7;b77#a7 of the ,intelligence ,reform and ,terrorism ,prevention ,act of #bjjd 7,public ,law #ajh-deh2 #h ,u4,s4,c4 #aahe note74 7iv7 ,for individuals under #ah years of age who are unable to present a document listed in clause 7i7 or 7ii71 documentation of personal identity of such other type as the ,secretary determines will provide a reliable means of identification1 which may include an attestation as to the individual's identity by a parent or legal guardian under penalty of perjury4 7,e7 ,documents evidencing employment authorization ,a document is specified in this subparagraph if the document is unexpired 7unless the validity of the document is extended by law7 and is one of the following3 7i7 ,a social security account number card issued by the ,commissioner1 other than a card which specifies on its face that the card is not valid to evidence employment authorized status or has other similar words of limitation4 7ii7 ,any other documentation evidencing employment authorized status that the ,secretary determines and publishes in the ,federal ,register and through appropriate notice directly to employers registered within the ,system to be acceptable for purposes of this subparagraph if such documentation1 including any electronic security measures linked to such documentation1 contains security features to make such documentation resistant to tampering1 counterfeiting1 and fraudulent use4 7,f7 ,identity authentication mechanism 7i7 ,definitions ,in this subparagraph3 7,i7 ,covered identity document ,the term covered identity document means a valid-- 7aa7 ,united ,states passport1 passport card1 or a document evidencing lawful permanent residence status or employment authorized status issued to an alien2 7bb7 enhanced driver's license or identity card issued by a participating ,state or an outlying possession of the ,united ,states2 or 7cc7 photograph and appropriate identifying information provided by the ,secretary of ,state pursuant to the granting of a visa4 7,,ii7 ,participating state ,the term participating ,state means a ,state that has an agreement with the ,secretary to provide the ,secretary1 for purposes of identity verification in the ,system1 with photographs and appropriate identifying information maintained by the ,state4 7ii7 ,requirement for identity authentication ,in addition to verifying the documents specified in subparagraph 7,c71 7,d71 or 7,e71 the ,system shall require each employer to verify the identity of each newly hired employee using the identity authentication mechanism described in clause 7iii71 or for an individual whose identity is not able to be verified using that mechanism1 to use the additional security measures provided in clause 7iv7 after such measures become available4 ,a failure of the ,system to verify the identity of an individual due to the use of an identity authentication mechanism shall result in a further action notice under subsection 7d77#d77;,c77iii74 7iii7 ,photo tool 7,i7 ,use requirement ,an employer that hires an individual who has presented a covered identity document to establish his or her identity and employment authorization under this subsection shall verify the identity of such individual using the photo tool described in subclause 7,,ii74 7,,ii7 ,development requirement ,the ,secretary shall develop and maintain a photo tool that enables employers to match the photograph on a covered identity document provided to the employer to a photograph maintained by a ,u4,s4 ,citizenship and ,immigration ,services database or other appropriate database4 7,,iii7 ,individual queries ,the photo tool capability shall be incorporated into the ,system and made available to employers not later than #a year after the date on which regulations are published implementing subsection 7d74 7,,iv7 ,limitations on use of information ,information and images acquired from ,state motor vehicle databases through the photo tool developed under this clause-- 7aa7 may only be used for matching photographs to a covered identity document for the purposes of employment verification2 7bb7 shall not be collected or stored by the ,federal ,government2 and 7cc7 may only be disseminated in response to an individual photo tool query4 7iv7 ,additional security measures 7,i7 ,use requirement ,an employer seeking to hire an individual whose identity is not able to be verified using the photo tool described in clause 7iii7 because the employee did not present a covered document for employment eligibility verification purposes shall verify the identity of such individual using the additional security measures described in subclause 7,,ii74 7,,ii7 ,development requirement ,the ,secretary shall develop1 after publication in the ,federal ,register and an opportunity for public comment1 specific and effective additional security measures to adequately verify the identity of an individual whose identity is not able to be verified using the photo tool described in clause 7iii74 ,such additional security measures-- 7aa7 shall be kept up-to-date with technological advances2 7bb7 shall provide a means of identity authentication in a manner that provides a high level of certainty as to the identity of such individual1 using immigration and identifying information that may include review of identity documents or background screening verification techniques using publicly available information2 and 7cc7 shall be incorporated into the ,system and made available to employers not later than #a year after the date on which regulations are published implementing subsection 7d74 7,,iii7 ,comprehensive use ,an employer may employ the additional security measures set forth in this clause with respect to all individuals the employer hires if the employer notifies the ,secretary of such election at the time the employer registers for use of the ,system under subsection 7d77#d77;,a77i7 or anytime thereafter4 ,an election under this subclause may be withdrawn #ij days after the employer notifies the ,secretary of the employer's intent to discontinue such election4 7v7 ,automated verification ,the ,secretary-- 7,i7 may establish a program1 in addition to the identity authentication mechanism described in paragraph 7,f77iii71 in which the ,system automatically verifies information contained in a covered identity document issued by a participating ,state1 which is presented under subparagraph 7,d77i71 including information needed to verify that the covered identity document matches the ,state's records2 7,,ii7 may not maintain information provided by a participating ,state in a database maintained by ,u4,s4 ,citizenship and ,immigration ,services2 and 7,,iii7 may not use or disclose such information1 except as authorized under this section4 7,g7 ,authority to prohibit use of certain documents ,if the ,secretary determines1 after publication in the ,federal ,register and an opportunity for public comment1 that any document or class of documents specified in subparagraph 7,b71 7,c71 or 7,d7 does not reliably establish identity or that employment authorized status is being used fraudulently to an unacceptable degree1 the ,secretary-- 7i7 may prohibit or restrict the use of such document or class of documents for purposes of this subsection2 and 7ii7 shall directly notify all employers registered within the ,system of the prohibition through appropriate means4 7,h7 ,authority to allow use of certain documents ,if the ,secretary has determined that another document or class of documents1 such as a document issued by a federally recognized ,indian tribe1 may be used to reliably establish identity or employment authorized status1 the ,secretary-- 7i7 may allow the use of that document or class of documents for purposes of this subsection after publication in the ,federal ,register and an opportunity for public comment2 7ii7 shall publish a description of any such document or class of documents on the ,u4,s4 ,citizenship and ,immigration ,services website2 and 7iii7 shall directly notify all employers registered within the ,system of the addition through appropriate means4 7#b7 ,individual attestation of employment authorization ,an individual1 upon commencing employment with an employer1 shall-- 7,a7 attest1 under penalty of perjury1 on the form prescribed by the ,secretary1 that the individual is-- 7i7 a citizen of the ,united ,states2 7ii7 an alien lawfully admitted for permanent residence2 7iii7 an alien who has employment authorized status2 or 7iv7 otherwise authorized by the ,secretary to be hired for such employment2 7,b7 provide such attestation by a handwritten1 electronic1 or digital signature2 and 7,c7 provide the individual's social security account number to the ,secretary1 unless the individual has not yet been issued such a number1 on such form as the ,secretary may require4 7#c7 ,retention of verification record 7,a7 ,in general ,after completing a form for an individual in accordance with paragraphs 7#a7 and 7#b71 the employer shall retain a version of such completed form and make such form available for inspection by the ,secretary or the ,immigrant and ,employee ,rights ,section of the ,civil ,rights ,division of the ,department of ,justice during the period beginning on the hiring date of the individual and ending on the later of-- 7i7 the date that is #c years after such hiring date2 or 7ii7 the date that is #a year after the date on which the individual's employment with the employer is terminated4 7,b7 ,requirement for electronic retention ,the ,secretary-- 7i7 shall permit an employer to retain the form described in subparagraph 7,a7 in electronic form2 and 7ii7 shall permit an employer to retain such form in paper1 microfiche1 microfilm1 portable document format1 or other media4 7#d7 ,copying of documentation and recordkeeping ,the ,secretary may promulgate regulations regarding-- 7,a7 copying documents and related information pertaining to employment verification presented by an individual under this subsection2 and 7,b7 retaining such information during a period not to exceed the required retention period set forth in paragraph 7#c74 7#e7 ,penalties ,an employer that fails to comply with any requirement under this subsection may be penalized under subsection 7e77#d77;,b74 7#f7 ,protection of civil rights 7,a7 ,in general ,nothing in this section may be construed to diminish any rights otherwise protected by ,federal law4 7,b7 ,prohibition on discrimination ,an employer shall use the procedures for document verification set forth in this paragraph for all employees without regard to race1 color1 religion1 sex1 national origin1 or1 unless specifically permitted in this section1 to citizenship status4 7#g7 ,receipts ,the ,secretary may authorize the use of receipts for replacement documents1 and temporary evidence of employment authorization by an individual to meet a documentation requirement under this subsection on a temporary basis not to exceed #a year1 after which time the individual shall provide documentation sufficient to satisfy the documentation requirements under this subsection4 7#h7 ,no authorization of national identification cards ,nothing in this section may be construed to directly or indirectly authorize the issuance1 use1 or establishment of a national identification card4 7d7 ,employment verification system 7#a7 ,in general 7,a7 ,establishment ,the ,secretary1 in consultation with the ,commissioner1 shall establish the ,employment ,verification ,system4 7,b7 ,monitoring ,the ,secretary shall create the necessary processes to monitor-- 7i7 the functioning of the ,system1 including the volume of the workflow1 the speed of processing of queries1 and the speed and accuracy of responses2 7ii7 the misuse of the ,system1 including the prevention of fraud or identity theft2 7iii7 whether the use of the ,system results in wrongful adverse actions or discrimination based upon a prohibited factor against citizens or nationals of the ,united ,states or individuals who have employment authorized status2 and 7iv7 the security1 integrity1 and privacy of the ,system4 7,c7 ,procedures ,the ,secretary-- 7i7 shall create processes to provide an individual with direct access to the individual's case history in the ,system1 including-- 7,i7 the identities of all persons or entities that have queried the individual through the ,system2 7,,ii7 the date of each such query2 and 7,,iii7 the ,system response for each such query2 and 7ii7 in consultation with the ,commissioner1 shall develop-- 7,i7 protocols to notify an individual1 in a timely manner through the use of electronic correspondence or mail1 that a query for the individual has been processed through the ,system2 or 7,,ii7 a process for the individual to submit additional queries to the ,system or notify the ,secretary of potential identity fraud4 7#b7 ,participation requirements 7,a7 ,federal government ,except as provided in subparagraph 7,b71 all agencies and departments in the executive1 legislative1 or judicial branches of the ,federal ,government shall participate in the ,system beginning on the earlier of-- 7i7 the date of the enactment of the ,e-,verify ,act of #bjai1 to the extent required under section #djb7;e77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a7 and as already implemented by each agency or department2 or 7ii7 the date that is #ij days after the date of the enactment of the ,e-,verify ,act of #bjai4 7,b7 ,federal contractors ,federal contractors shall participate in the ,system as provided in the final rule relating to employment eligibility verification published in the ,federal ,register on ,november #ad1 #bjjh 7#gc ,fed4 ,reg4 #fg1fea71 or any similar subsequent regulation1 for which purpose references to ,e-,verify in the final rule shall be construed to apply to the ,system4 7,c7 ,critical infrastructure 7i7 ,in general ,beginning on the date that is #a year after the date on which regulations are published implementing this subsection1 the ,secretary may authorize or direct any employer1 person1 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 participate in the ,system to the extent the ,secretary determines that such participation will assist in the protection of the critical infrastructure4 7ii7 ,notification to employers ,the ,secretary shall notify an employer required to participate in the ,system under this subparagraph not later than #ij days before the date on which the employer is required to participate4 7,d7 ,employers with more than #aj1jjj employees ,not later than #a year after regulations are published implementing this subsection1 all employers with more than #aj1jjj employees shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,e7 ,employers with more than #ejj employees ,not later than #b years after regulations are published implementing this subsection1 all employers with more than #ejj employees shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,f7 ,employers with more than #bj employees ,not later than #c years after regulations are published implementing this subsection1 all employers with more than #bj employees shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,g7 ,agricultural employment ,not later than #d years after regulations are published implementing this subsection1 employers of employees performing agricultural employment 7as defined in section #bah;,a7 shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 ,an agricultural employee shall not be counted for purposes of subparagraph 7,d71 7,e71 or 7,f74 7,h7 ,all employers ,not later than #d years after regulations are published implementing this subsection1 all employers shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,i7 ,tribal government employers 7i7 ,rulemaking ,in developing regulations to implement this subsection1 the ,secretary shall-- 7,i7 consider the effects of this section on federally recognized ,indian tribes and tribal members2 and 7,,ii7 consult with the governments of federally recognized ,indian tribes4 7ii7 ,required participation ,not later than #d years after regulations are published implementing this subsection1 all employers owned by1 or entities of1 the government of a federally recognized ,indian tribe shall participate in the ,system with respect to all newly hired employees and employees with expiring temporary employment authorization documents4 7,j7 ,immigration law violators 7i7 ,orders finding violations ,an order finding any employer to have violated this section or section #bgd;,c may1 in the ,secretary's discretion1 require the employer to participate in the ,system with respect to newly hired employees and employees with expiring temporary employment authorization documents1 if such employer is not otherwise required to participate in the ,system under this section4 ,the ,secretary shall monitor such employer's compliance with ,system procedures4 7ii7 ,pattern or practice of violations ,the ,secretary may require an employer that is required to participate in the ,system with respect to newly hired employees to participate in the ,system with respect to the employer's current employees if the employer is determined by the ,secretary or other appropriate authority to have engaged in a pattern or practice of violations of the immigration laws of the ,united ,states4 7,k7 ,voluntary participation ,the ,secretary may permit any employer that is not required to participate in the ,system under this section to do so on a voluntary basis4 7#c7 ,consequence of failure to participate 7,a7 ,in general ,except as provided in subparagraph 7,b71 the failure1 other than a de minimis or inadvertent failure1 of an employer that is required to participate in the ,system to comply with the requirements of the ,system with respect to an individual-- 7i7 shall be treated as a violation of subsection 7a77#a77;,b7 with respect to that individual2 and 7ii7 creates a rebuttable presumption that the employer has violated paragraph 7#a77;,a7 or 7#b7 of subsection 7a74 7,b7 ,exception 7i7 ,in general ,subparagraph 7,a7 shall not apply in a criminal prosecution4 7ii7 ,use as evidence ,nothing in this paragraph may be construed to limit the use in the prosecution of a ,federal crime1 in a manner otherwise consistent with ,federal criminal law and procedure1 of evidence relating to the employer's failure to comply with requirements of the ,system4 7#d7 ,procedures for participants in the system 7,a7 ,in general ,an employer participating in the ,system shall register such participation with the ,secretary and1 when hiring any individual for employment in the ,united ,states1 shall comply with the following3 7i7 ,registration of employers ,the ,secretary1 through notice in the ,federal ,register1 shall prescribe procedures that employers shall be required to follow to register with the ,system4 7ii7 ,updating information ,the employer is responsible for providing notice of any change to the information required under subclauses 7,i71 7,,ii71 and 7,,iii7 of clause 7v7 before conducting any further inquiries within the ,system1 or on such other schedule as the ,secretary may prescribe4 7iii7 ,training ,the ,secretary shall require employers to undergo such training as the ,secretary determines to be necessary to ensure proper use1 protection of civil rights and civil liberties1 privacy1 integrity1 and security of the ,system4 ,to the extent practicable1 such training shall be made available electronically on the ,u4,s4 ,citizenship and ,immigration ,services website4 7iv7 ,notification to employees ,the employer shall inform individuals hired for employment that the ,system-- 7,i7 will be used by the employer2 7,,ii7 may be used for immigration enforcement purposes2 and 7,,iii7 may not be used to discriminate or to take adverse action against a national of the ,united ,states or an alien who has employment authorized status4 7v7 ,provision of additional information ,the employer shall obtain from the individual 7and the individual shall provide7 and shall record in such manner as the ,secretary may specify-- 7,i7 the individual's social security account number2 7,,ii7 if the individual does not attest to ,united ,states citizenship or status as a national of the ,united ,states under subsection 7c77#b71 such identification or authorization number established by the ,department as the ,secretary shall specify2 and 7,,iii7 such other information as the ,secretary may require to determine the identity and employment authorization of an individual4 7vi7 ,presentation of documentation ,the employer1 and the individual whose identity and employment authorized status are being confirmed1 shall fulfill the requirements under subsection 7c74 7,b7 ,seeking confirmation 7i7 ,in general ,an employer shall use the ,system to confirm the identity and employment authorized status of any individual during-- 7,i7 the period beginning on the date on which the individual accepts an offer of employment and ending #c business days after the date on which employment begins2 or 7,,ii7 such other reasonable period as the ,secretary may prescribe4 7ii7 ,limitation ,an employer may not make the starting date of an individual's employment or training or any other term and condition of employment dependent on the receipt of a confirmation of identity and employment authorized status by the ,system4 7iii7 ,reverification ,if an individual has a limited period of employment authorized status1 the individual's employer shall re-verify such status through the ,system not later than #c business days after the last day of such period4 7iv7 ,other employment ,for employers directed by the ,secretary to participate in the ,system under paragraph 7#b77;,c77i7 to protect critical infrastructure or otherwise specified circumstances in this section to verify their entire workforce1 the ,system may be used for initial verification of an individual who was hired before the employer became subject to the ,system1 and the employer shall initiate all required procedures on or before such date as the ,secretary shall specify4 7v7 ,notification 7,i7 ,in general ,the ,secretary shall provide1 and the employer shall use1 as part of the ,system1 a method of notifying employers of a confirmation or nonconfirmation of an individual's identity and employment authorized status1 or a notice that further action is required to verify such identity or employment eligibility 7referred to in this subsection as a further action notice74 7,,ii7 ,procedures ,the ,secretary shall-- 7aa7 directly notify the individual and the employer1 by means of electronic correspondence1 mail1 text message1 telephone1 or other direct communication1 of a nonconfirmation or further action notice2 7bb7 provide information about filing an administrative appeal under paragraph 7#f7 and a filing for review before an administrative law judge under paragraph 7#g72 and 7cc7 establish procedures to directly notify the individual and the employer of a confirmation4 7,,iii7 ,implementation ,the ,secretary may provide for a phased-in implementation of the notification requirements under this clause1 as appropriate4 ,the notification system shall cover all inquiries not later than #a year from the date of the enactment of the ,e-,verify ,act of #bjai4 7,c7 ,confirmation or nonconfirmation 7i7 ,initial response 7,i7 ,in general ,except as provided in subclause 7,,ii71 the ,system shall provide-- 7aa7 a confirmation of an individual's identity and employment authorized status or a further action notice at the time of the inquiry2 and 7bb7 an appropriate code indicating such confirmation or such further action notice4 7,,ii7 ,alternative deadline ,if the ,system is unable to provide immediate confirmation or further action notice for technological reasons or due to unforeseen circumstances1 the ,system shall provide a confirmation or further action notice not later than #c business days after the initial inquiry4 7ii7 ,confirmation upon initial inquiry ,if the employer receives an appropriate confirmation of an individual's identity and employment authorized status under the ,system1 the employer shall record the confirmation in such manner as the ,secretary may specify4 7iii7 ,further action notice and later confirmation or nonconfirmation 7,i7 ,notification and acknowledgment that further action is required ,not later than #c business days after an employer receives a further action notice of an individual's identity or employment eligibility under the ,system1 or during such other reasonable time as the ,secretary may prescribe1 the employer shall notify the individual for whom the confirmation is sought of the further action notice and any procedures specified by the ,secretary for addressing such notice4 ,the employer shall give the further action notice to the individual in writing and the employer shall acknowledge in the ,system under penalty of perjury that it provided the employee with the further action notice4 ,the individual shall affirmatively acknowledge in writing1 or in such other manner as the ,secretary may specify1 the receipt of the further action notice from the employer4 ,if the individual refuses to acknowledge the receipt of the further action notice1 or acknowledges in writing that the individual will not contest the further action notice under subclause 7,,ii71 the employer shall notify the ,secretary in such manner as the ,secretary may specify4 7,,ii7 ,contest ,not later than #aj business days after receiving notification of a further action notice under subclause 7,i71 the individual shall contact the appropriate ,federal agency and1 if the ,secretary so requires1 appear in person for purposes of verifying the individual's identity and employment eligibility4 ,the ,secretary1 in consultation with the ,commissioner and other appropriate ,federal agencies1 shall specify an available secondary verification procedure to confirm the validity of information provided and to provide a confirmation or nonconfirmation4 ,any procedures for reexamination shall not limit in any way an employee's right to appeal a nonconfirmation4 7,,iii7 ,no contest ,if the individual refuses to acknowledge receipt of the further action notice1 acknowledges that the individual will not contest the further action notice as provided in subclause 7,i71 or does not contact the appropriate ,federal agency within the period specified in subclause 7,,ii71 following expiration of the period specified in subclause 7,,ii71 a nonconfirmation shall be issued4 ,the employer shall record the nonconfirmation in such manner as the ,secretary may specify and terminate the individual's employment4 ,an individual's failure to contest a further action notice shall not be considered an admission of guilt with respect to any violation of this section or any provision of law4 7,,iv7 ,confirmation or nonconfirmation ,unless the period is extended in accordance with this subclause1 the ,system shall provide a confirmation or nonconfirmation not later than #aj business days after the date on which the individual contests the further action notice under subclause 7,,ii74 ,if the ,secretary determines that good cause exists1 after taking into account adverse impacts to the employer1 and including time to permit the individual to obtain and provide needed evidence of identity or employment eligibility1 the ,secretary shall extend the period for providing confirmation or nonconfirmation for stated periods beyond #aj business days4 ,when confirmation or nonconfirmation is provided1 the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation4 7,v7 ,reexamination ,nothing in this section may be construed to prevent the ,secretary from establishing procedures to reexamine a case where a confirmation or nonconfirmation has been provided if subsequently received information indicates that the confirmation or nonconfirmation may not have been correct4 ,any procedures for reexamination shall not limit in any way an employee's right to appeal a nonconfirmation4 7,,vi7 ,employee protections ,an employer may not terminate employment or take any other adverse action against an individual solely because of a failure of the individual to have identity and employment eligibility confirmed under this subsection until-- 7aa7 a nonconfirmation has been issued2 7bb7 if the further action notice was contested1 the period to timely file an administrative appeal has expired without an appeal or the contestation to the further action notice is withdrawn2 or 7cc7 if an appeal before an administrative law judge under paragraph 7#g7 has been filed1 the nonconfirmation has been upheld or the appeal has been withdrawn or dismissed4 7iv7 ,notice of nonconfirmation ,not later than #c business days after an employer receives a nonconfirmation1 or during such other reasonable time as the ,secretary may provide1 the employer shall notify the individual who is the subject of the nonconfirmation1 and provide information about filing an administrative appeal pursuant to paragraph 7#f7 and a request for a hearing before an administrative law judge pursuant to paragraph 7#g74 ,the employer shall give the nonconfirmation notice to the individual in writing and the employer shall acknowledge in the ,system under penalty of perjury that it provided the notice 7or adequately attempted to provide notice1 but was unable to do so despite reasonable efforts74 ,the individual shall affirmatively acknowledge in writing1 or in such other manner as the ,secretary may prescribe1 the receipt of the nonconfirmation notice from the employer4 ,if the individual refuses or fails to acknowledge the receipt of the nonconfirmation notice1 the employer shall notify the ,secretary in such manner as the ,secretary may prescribe4 7,d7 ,consequences of nonconfirmation 7i7 ,termination of continued employment ,except as provided in clause 7iii71 an employer that has received a nonconfirmation regarding an individual and has made reasonable efforts to notify the individual in accordance with subparagraph 7,c77iv7 shall terminate the employment of the individual upon the expiration of the time period specified in paragraph 7#g74 7ii7 ,continued employment after nonconfirmation ,if the employer continues to employ an individual after receiving nonconfirmation and exhaustion of all appeals or expiration of all rights to appeal if not appealed1 in violation of clause 7i71 a rebuttable presumption is created that the employer has violated paragraphs 7#a77;,a7 and 7#b7 of subsection 7a74 ,such presumption shall not apply in any prosecution under subsection 7k77#a74 7iii7 ,effect of administrative appeal or review by administrative law judge ,if an individual files an administrative appeal of the nonconfirmation within the time period specified in paragraph 7#f77;,a71 or files for review with an administrative law judge specified in paragraph 7#g77;,a71 the employer shall not terminate the individual's employment under this subparagraph prior to the resolution of the administrative appeal unless the ,secretary or the ,commissioner terminates the stay under paragraph 7#f77;,b7 or 7#g77;,b74 7iv7 ,weekly report ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall submit a weekly report to the ,assistant ,secretary for ,immigration and ,customs ,enforcement that includes1 for each individual who receives final nonconfirmation through the ,system-- 7,i7 the name of such individual2 7,,ii7 his or her social security number or alien file number2 7,,iii7 the name and contact information for his or her current employer2 and 7,,iv7 any other critical information that the ,assistant ,secretary determines to be appropriate4 7v7 ,other referral ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall refer to the ,assistant ,secretary for ,immigration and ,customs ,enforcement for appropriate action by the ,assistant ,secretary1 or for referral by the ,assistant ,secretary to another law enforcement agency1 as appropriate-- 7,i7 any case in which the ,director believes that a social security number has been falsely or fraudulently used2 and 7,,ii7 any case in which a false or fraudulent document is used by an employee who has received a further action notice to resolve such notice4 7,e7 ,obligation to respond to queries and additional information 7i7 ,in general ,employers shall comply with requests for information from the ,secretary and the ,immigrant and ,employee ,rights ,section of the ,civil ,rights ,division of the ,department of ,justice1 including queries concerning current and former employees1 within the time frame during which records are required to be maintained under this section regarding such former employees1 if such information relates to the functioning of the ,system1 the accuracy of the responses provided by the ,system1 or any suspected misuse1 discrimination1 fraud1 or identity theft in the use of the ,system4 ,failure to comply with a request under this clause constitutes a violation of subsection 7a77#a77;,b74 7ii7 ,action by individuals 7,i7 ,in general ,individuals being verified through the ,system may be required to take further action to address questions identified by the ,secretary or the ,commissioner regarding the documents relied upon for purposes of subsection 7c74 7,,ii7 ,notification ,not later than #c business days after the receipt of such questions regarding an individual1 or during such other reasonable time as the ,secretary may prescribe1 the employer shall-- 7aa7 notify the individual of any such requirement for further actions2 and 7bb7 record the date and manner of such notification4 7,,iii7 ,acknowledgment ,the individual shall acknowledge the notification received from the employer under subclause 7,,ii7 in writing1 or in such other manner as the ,secretary may prescribe4 7iii7 ,rulemaking 7,i7 ,in general ,the ,secretary1 in consultation with the ,commissioner and the ,attorney ,general1 is authorized to issue regulations implementing1 clarifying1 and supplementing the requirements under this subparagraph-- 7aa7 to facilitate the functioning1 accuracy1 and fairness of the ,system2 7bb7 to prevent misuse1 discrimination1 fraud1 or identity theft in the use of the ,system2 and 7cc7 to protect and maintain the confidentiality of information that could be used to locate or otherwise place at risk of harm victims of domestic violence1 dating violence1 sexual assault1 stalking1 and human trafficking1 and of the applicant or beneficiary of any petition described in section #chd7;a77#b7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acfg7;a77#b774 7,,ii7 ,notice ,the regulations issued under subclause 7,i7 shall be-- 7aa7 published in the ,federal ,register2 and 7bb7 provided directly to all employers registered in the ,system4 7,f7 ,designated agents ,the ,secretary shall establish a process-- 7i7 for certifying1 on an annual basis or at such times as the ,secretary may prescribe1 designated agents and other ,system service providers seeking access to the ,system to perform verification queries on behalf of employers1 based upon training1 usage1 privacy1 and security standards prescribed by the ,secretary2 7ii7 for ensuring that designated agents and other ,system service providers are subject to monitoring to the same extent as direct access users2 and 7iii7 for establishing standards for certification of electronic ,i-#i programs4 7,g7 ,requirement to provide information 7i7 ,in general ,no later than #c months after the date of the enactment of the ,e-,verify ,act of #bjai1 the ,secretary1 in consultation with the ,secretary of ,labor1 the ,secretary of ,agriculture1 the ,commissioner1 the ,attorney ,general1 the ,equal ,employment ,opportunity ,commission1 and the ,administrator of the ,small ,business ,administration1 shall commence a campaign to disseminate information respecting the procedures1 rights1 and remedies prescribed under this section4 7ii7 ,campaign requirements ,the campaign authorized under clause 7i7-- 7,i7 shall be aimed at increasing the knowledge of employers1 employees1 and the general public concerning employer and employee rights1 responsibilities1 and remedies under this section2 and 7,,ii7 shall be coordinated with the public education campaign conducted by ,u4,s4 ,citizenship and ,immigration ,services4 7iii7 ,assessment ,the ,secretary shall assess the success of the campaign in achieving the goals of the campaign4 7iv7 ,authority to contract ,in order to carry out and assess the campaign under this subparagraph1 the ,secretary may1 to the extent deemed appropriate and subject to the availability of appropriations1 contract with public and private organizations for outreach and assessment activities under the campaign4 7v7 ,authorization of appropriations ,there are authorized to be appropriated1 for each of the fiscal years #bjbj through #bjbb1 such sums as may be necessary to carry out this subparagraph4 7,h7 ,authority to modify information requirements ,based on a regular review of the ,system and the document verification procedures to identify misuse or fraudulent use and to assess the security of the documents and processes used to establish identity or employment authorized status1 the ,secretary1 in consultation with the ,commissioner1 after publication of notice in the ,federal ,register and an opportunity for public comment1 may modify1 if the ,secretary determines that the modification is necessary to ensure that the ,system accurately and reliably determines the identity and employment authorized status of employees and maintains existing protections against misuse1 discrimination1 fraud1 and identity theft-- 7i7 the information that shall be presented to the employer by an individual2 7ii7 the information that shall be provided to the ,system by the employer2 and 7iii7 the procedures that shall be followed by employers with respect to the process of verifying an individual through the ,system4 7,i7 ,self-verification ,subject to appropriate safeguards to prevent misuse of the system1 the ,secretary1 in consultation with the ,commissioner1 shall establish a secure self-verification procedure to permit an individual who seeks to verify the individual's own employment eligibility to contact the appropriate agency and1 in a timely manner1 correct or update the information contained in the ,system4 7#e7 ,protection from liability for actions taken on the basis of information provided by the system ,an employer 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 by the ,system4 7#f7 ,administrative appeal 7,a7 ,in general ,an individual who is notified of a nonconfirmation may1 not later than #aj business days after the date that such notice is received1 file an administrative appeal of such nonconfirmation with the ,commissioner if the notice is based on records maintained by the ,commissioner1 or in any other case1 with the ,secretary4 ,an individual who does not timely contest a further action notice timely received by that individual for which the individual acknowledged receipt may not be granted a review under this paragraph4 7,b7 ,administrative stay of nonconfirmation ,the nonconfirmation shall be automatically stayed upon the timely filing of an administrative appeal1 unless the nonconfirmation resulted after the individual acknowledged receipt of the further action notice but failed to contact the appropriate agency within the time provided4 ,the stay shall remain in effect until the resolution of the appeal1 unless the ,secretary or the ,commissioner terminates the stay based on a determination that the administrative appeal is frivolous or filed for purposes of delay4 7,c7 ,review for error ,the ,secretary and the ,commissioner shall develop procedures for resolving administrative appeals regarding nonconfirmations based upon the information that the individual has provided1 including any additional evidence or argument that was not previously considered4 ,any such additional evidence or argument shall be filed within #aj business days of the date the appeal was originally filed4 ,appeals shall be resolved within #bj business days after the individual has submitted all evidence and arguments the individual wishes to submit1 or has stated in writing that there is no additional evidence that the individual wishes to submit4 ,the ,secretary and the ,commissioner may1 on a case by case basis for good cause1 extend the filing and submission period in order to ensure accurate resolution of an appeal before the ,secretary or the ,commissioner4 7,d7 ,preponderance of evidence ,administrative appeal under this paragraph shall be limited to whether a nonconfirmation notice is supported by a preponderance of the evidence4 7,e7 ,damages1 fees1 and costs ,no money damages1 fees1 or costs may be awarded in the administrative appeal process under this paragraph4 7#g7 ,review by administrative law judge 7,a7 ,in general ,not later than #cj days after the date an individual receives a final determination on an administrative appeal under paragraph 7#f71 the individual may obtain review of such determination by filing a complaint with a ,department of ,justice administrative law judge in accordance with this paragraph4 7,b7 ,stay of nonconfirmation ,the nonconfirmation related to such final determination shall be automatically stayed upon the timely filing of a complaint under this paragraph1 and the stay shall remain in effect until the resolution of the complaint1 unless the administrative law judge determines that the action is frivolous or filed for purposes of delay4 7,c7 ,service ,the respondent to complaint filed under this paragraph is either the ,secretary or the ,commissioner1 but not both1 depending upon who issued the administrative order under paragraph 7#f74 ,in addition to serving the respondent1 the plaintiff shall serve the ,attorney ,general4 7,d7 ,authority of administrative law judge 7i7 ,rules of practice ,the ,secretary shall promulgate regulations regarding the rules of practice in appeals brought pursuant to this subsection4 7ii7 ,authority of administrative law judge ,the administrative law judge shall have power to-- 7,i7 terminate a stay of a nonconfirmation under subparagraph 7,b7 if the administrative law judge determines that the action is frivolous or filed for purposes of delay2 7,,ii7 adduce evidence at a hearing2 7,,iii7 compel by subpoena the attendance of witnesses and the production of evidence at any designated place or hearing2 7,,iv7 resolve claims of identity theft2 and 7,v7 enter1 upon the pleadings and any evidence adduced at a hearing1 a decision affirming or reversing the result of the agency1 with or without remanding the cause for a rehearing4 7iii7 ,subpoena ,in case of contumacy or refusal to obey a subpoena lawfully issued under this section and upon application of the administrative law judge1 an appropriate district court of the ,united ,states may issue an order requiring compliance with such subpoena and any failure to obey such order may be punished by such court as a contempt of such court4 7iv7 ,training ,an administrative law judge hearing cases shall have special training respecting employment authorized status verification4 7,e7 ,order by administrative law judge 7i7 ,in general ,the administrative law judge shall issue and cause to be served to the parties in the proceeding an order which may be appealed as provided in subparagraph 7,g74 7ii7 ,contents of order ,such an order shall uphold or reverse the final determination on the request for reconsideration and order lost wages and other appropriate remedies as provided in subparagraph 7,f74 7,f7 ,compensation for error 7i7 ,in general ,in cases in which the administrative law judge reverses the final determination of the ,secretary or the ,commissioner made under paragraph 7#f71 and the administrative law judge finds that-- 7,i7 the nonconfirmation was due to gross negligence or intentional misconduct of the employer1 the administrative law judge may order the employer to pay the individual lost wages1 and reasonable costs and attorneys' fees incurred during administrative and judicial review2 or 7,,ii7 such final determination was erroneous by reason of the negligence of the ,secretary or the ,commissioner1 the administrative law judge may order the ,secretary or the ,commissioner to pay the individual lost wages1 and reasonable costs and attorneys' fees incurred during the administrative appeal and the administrative law judge review4 7ii7 ,calculation of lost wages ,lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination4 ,the individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending #abj days after completion of the administrative law judge's review described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere1 whichever occurs first4 ,if the individual obtains employment elsewhere at a lower wage rate1 the individual shall be compensated for the difference in wages for the period ending #abj days after completion of the administrative law judge review process4 ,no lost wages shall be awarded for any period of time during which the individual was not in employment authorized status4 7iii7 ,payment of compensation ,notwithstanding any other law1 payment of compensation for lost wages1 costs1 and attorneys' fees under this paragraph1 or compromise settlements of the same1 shall be made as provided by section #acjd of title #ca1 ,united ,states ,code4 ,appropriations made available to the ,secretary or the ,commissioner1 accounts provided for under section #bhf1 and funds from the ,federal ,old-,age and ,survivors ,insurance ,trust ,fund or the ,federal ,disability ,insurance ,trust ,fund shall not be available to pay such compensation4 7,g7 ,appeal ,no later than #de days after the entry of such final order1 any person adversely affected by such final order may seek review of such order in the ,united ,states ,court of ,appeals for the circuit in which the violation is alleged to have occurred or in which the employer resides or transacts business4 7#h7 ,management of the system 7,a7 ,in general ,the ,secretary is authorized to establish1 manage1 and modify the ,system1 which shall-- 7i7 respond to inquiries made by participating employers at any time through the internet1 or such other means as the ,secretary may designate1 concerning an individual's identity and whether the individual is in employment authorized status2 7ii7 maintain records of the inquiries that were made1 of confirmations provided 7or not provided71 and of the codes provided to employers as evidence of their compliance with their obligations under the ,system2 and 7iii7 provide information to1 and require action by1 employers and individuals using the ,system4 7,b7 ,design and operation of system ,the ,system shall be designed and operated-- 7i7 to maximize its reliability and ease of use by employers consistent with protecting the privacy and security of the underlying information1 and ensuring full notice of such use to employees2 7ii7 to maximize its ease of use by employees1 including direct notification of its use1 of results1 and ability to challenge results2 7iii7 to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed and to register any times when the system is unable to receive inquiries2 7iv7 to maintain appropriate administrative1 technical1 and physical safeguards to prevent unauthorized disclosure of personal information1 misuse by employers and employees1 and discrimination2 7v7 to require regularly scheduled refresher training of all users of the ,system to ensure compliance with all procedures2 7vi7 to allow for auditing of the use of the ,system to detect misuse1 discrimination1 fraud1 and identity theft1 to protect privacy and assess ,system accuracy1 and to preserve the integrity and security of the information in all of the ,system1 including-- 7,i7 to develop and use tools and processes to detect or prevent fraud and identity theft1 such as multiple uses of the same identifying information or documents to fraudulently gain employment2 7,,ii7 to develop and use tools and processes to detect and prevent misuse of the system by employers and employees2 7,,iii7 to develop tools and processes to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system2 and 7,,iv7 to audit documents and information submitted by employees to employers1 including authority to conduct interviews with employers and employees1 and obtain information concerning employment from the employer2 7vii7 to confirm identity and employment authorization through verification and comparison of records as determined necessary by the ,secretary2 7viii7 to confirm electronically the issuance of the employment authorization or identity document and-- 7,i7 if such photograph is available1 to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee2 or 7,,ii7 if a photograph is not available from the issuer1 to confirm the authenticity of the document using such additional security measures set forth in subsection 7c77#a77;,f77iv72 7ix7 to employ specific and effective additional security measures set forth in subsection 7c77#a77;,f77iv7 to adequately verify the identity of an individual that are designed and operated-- 7,i7 to use state-of-the-art technology to determine to a high degree of accuracy whether an individual presenting biographic information is the individual with that true identity2 7,,ii7 to retain under the control of the ,secretary the use of all determinations communicated by the ,system1 regardless of the entity operating the system pursuant to a contract or other agreement with a nongovernmental entity or entities to the extent helpful in acquiring the best technology to implement the additional security measures2 7,,iii7 to be integrated with the ,system so that employment authorizations will be determined for all individuals identified as presenting their true identities through the databases maintained by the ,commissioner of ,social ,security and the ,secretary2 7,,iv7 to use tools and processes to detect and prevent further action notices and final nonconfirmations that are not correlated to fraud or identity theft2 7,v7 to make risk-based assessments regarding the reliability of a claim of identity made by an individual presenting biographic information and to tailor the identity determination in accordance with those assessments2 7,,vi7 to permit queries to be presented to individuals subject to identity verification at the time their identities are being verified in a manner that permits rapid communication through the internet1 mobile phone1 and landline telephone connections to facilitate identity proofing2 7,,vii7 to generate queries that conform to the context of the identity verification process and the circumstances of the individual whose identity is being verified2 7,,viii7 to use publicly available databases and databases under the jurisdiction of the ,commissioner of ,social ,security1 the ,secretary1 and the ,secretary of ,state to formulate queries to be presented to individuals whose identities are being verified1 as appropriate2 7,,ix7 to not retain data collected by the ,system within any database separate from the database in which the operating system is located and to limit access to the existing databases to a reference process that shields the operator of the ,system from acquiring possession of the data beyond the formulation of queries and verification of responses2 7,x7 to not permit individuals or entities using the ,system to access any data related to the individuals whose identities are being verified beyond confirmations1 further action notices1 and final nonconfirmations of identity2 7,,xi7 to include1 if feasible1 a capability for permitting document or other inputs that can be offered to individuals and entities using the ,system and that may be used at the option of employees to facilitate identity verification1 but would not be required of either employers or employees2 and 7,,xii7 to the greatest extent possible1 in accordance with the time frames specified in this section2 and 7x7 to provide appropriate notification directly to employers registered with the ,system of all changes made by the ,secretary or the ,commissioner related to allowed and prohibited documents1 and use of the ,system4 7,c7 ,safeguards to the system 7i7 ,requirement to develop ,the ,secretary1 in consultation with the ,commissioner and other appropriate ,federal and ,state agencies1 shall develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the records accessed or maintained by the ,system4 ,the ,secretary1 in consultation with the ,commissioner and other appropriate ,federal and ,state agencies1 shall develop and deploy appropriate privacy and security training for the ,federal and ,state employees accessing the records under the ,system4 7ii7 ,privacy audits ,the ,secretary1 acting through the ,chief ,privacy ,officer of the ,department1 shall conduct regular privacy audits of the policies and procedures established under clause 7i7 and the compliance of the ,department with the limitations set forth in subsection 7c77#a77;,f77iii77,,iv71 including any collection1 use1 dissemination1 and maintenance of personally identifiable information and any associated information technology systems1 as well as scope of requests for this information4 ,the ,chief ,privacy ,officer shall review the results of the audits and recommend to the ,secretary any changes necessary to improve the privacy protections of the program4 7iii7 ,accuracy audits 7,i7 ,in general ,not later than ,november #cj of each year1 the ,inspector ,general of the ,department of ,homeland ,security shall submit a report to the ,secretary1 with a copy to the ,president of the ,senate and the ,speaker of the ,house of ,representatives1 that sets forth the error rate of the ,system for the previous fiscal year and the assessments required to be submitted by the ,secretary under subparagraphs 7,a7 and 7,b7 of paragraph 7#aj74 ,the report shall describe in detail the methodology employed for purposes of the report1 and shall make recommendations for how error rates may be reduced4 7,,ii7 ,error rate defined ,in this clause1 the term error rate means the percentage determined by dividing-- 7aa7 the number of employment authorized individuals who received further action notices1 contested such notices1 and were subsequently found to be employment authorized2 by 7bb7 the number of ,system inquiries submitted for employment authorized individuals4 7,,iii7 ,error rate determination ,the audits required under this clause shall-- 7aa7 determine the error rate for identity determinations pursuant to subsection 7c77#a77;,f7 for individuals presenting their true identities in the same manner and applying the same standard as for employment authorization2 and 7bb7 include recommendations1 as provided in subclause 7,i71 but no reduction in fines pursuant to subclause 7,,iv7 7,,iv7 ,reduction of penalties for recordkeeping or verification practices following persistent system inaccuracies ,notwithstanding subsection 7e77#d77;,c77i71 in any calendar year following a report by the ,inspector ,general under subclause 7,i7 that the ,system had an error rate higher than #j4c percent for the previous fiscal year1 the civil penalty assessable by the ,secretary or an administrative law judge under that subsection for each first-time violation by an employer who has not previously been penalized under this section may not exceed #a1jjj4 7iv7 ,records security program ,any person1 including a private third party vendor1 who retains document verification or ,system data pursuant to this section shall implement an effective records security program that-- 7,i7 ensures that only authorized personnel have access to document verification or ,system data2 and 7,,ii7 ensures that whenever such data is created1 completed1 updated1 modified1 altered1 or corrected in electronic format1 a secure record is created that establishes the date of access1 the identity of the individual who accessed the electronic record1 and the particular action taken4 7v7 ,records security program ,in addition to the security measures described in clause 7iv71 a private third party vendor who retains document verification or ,system data pursuant to this section shall implement an effective records security program that-- 7,i7 provides for backup and recovery of any records maintained in electronic format to protect against information loss1 such as power interruptions2 and 7,,ii7 ensures that employees are trained to minimize the risk of unauthorized or accidental alteration or erasure of such data in electronic format4 7vi7 ,authorized personnel defined ,in this subparagraph1 the term authorized personnel means anyone registered as a ,system user1 or anyone with partial or full responsibility for completion of employment authorization verification or retention of data in connection with employment authorization verification on behalf of an employer4 7,d7 ,available facilities and alternative accommodations ,the ,secretary shall make appropriate arrangements and develop standards to allow employers or employees1 including remote hires1 who are otherwise unable to access the ,system to use electronic and telephonic formats 7including video conferencing1 scanning technology1 and other available technologies71 ,federal ,government facilities1 public facilities1 or other available locations in order to use the ,system4 7,e7 ,responsibilities of the secretary 7i7 ,in general ,as part of the ,system1 the ,secretary shall maintain a reliable1 secure method1 which1 operating through the ,system and within the time periods specified1 compares the name1 alien identification or authorization number1 or other information as determined relevant by the ,secretary1 provided in an inquiry against such information maintained or accessed by the ,secretary in order to confirm 7or not confirm7 the validity of the information provided1 the correspondence of the name and number1 whether the alien has employment authorized status 7or1 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 ,states71 and such other information as the ,secretary may prescribe4 7ii7 ,photograph display ,as part of the ,system1 the ,secretary shall establish a reliable1 secure method1 which1 operating through the ,system1 displays the digital photograph described in subparagraph 7,b77viii77,i74 7iii7 ,timing of notices ,the ,secretary shall have authority to prescribe when a confirmation1 nonconfirmation1 or further action notice shall be issued4 7iv7 ,use of information ,the ,secretary shall perform regular audits under the ,system1 as described in subparagraph 7,b77vi7 and shall use the information obtained from such audits1 as well as any information obtained from the ,commissioner pursuant to part ,e of title ,,xi of the ,social ,security ,act 7#db ,u4,s4,c4 #acja et seq471 for the purposes of this section and to administer and enforce the immigration laws4 7v7 ,identity fraud protection ,to prevent identity fraud1 not later than #ah months after the date of the enactment of the ,e-,verify ,act of #bjai1 the ,secretary shall-- 7,i7 in consultation with the ,commissioner1 establish a program to provide a reliable1 secure method for an individual to temporarily suspend or limit the use of the individual's social security account number or other identifying information for verification by the ,system2 and 7,,ii7 for each individual being verified through the ,system-- 7aa7 notify the individual that the individual has the option to limit the use of the individual's social security account number or other identifying information for verification by the ,system2 and 7bb7 provide instructions to the individuals for exercising the option referred to in item 7aa74 7vi7 ,allowing parents to prevent theft of their child's identity ,the ,secretary1 in consultation with the ,commissioner1 shall establish a program that provides 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 ,system4 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 7vii7 ,protection from multiple use ,the ,secretary and the ,commissioner shall establish a procedure for identifying and handling a situation in which a social security account number has been identified to be subject to unusual multiple use in the ,system or is otherwise suspected or determined to have been compromised by identity fraud4 ,such procedure shall include notifying the legitimate holder of the social security number at the appropriate time4 7viii7 ,monitoring and compliance unit ,the ,secretary shall establish or designate a monitoring and compliance unit to detect and reduce identity fraud and other misuse of the ,system4 7ix7 ,civil rights and civil liberties assessments 7,i7 ,requirement to conduct ,the ,secretary shall conduct regular civil rights and civil liberties assessments of the ,system1 including participation by employers1 other private entities1 and ,federal1 ,state1 and local government entities4 7,,ii7 ,requirement to respond ,employers1 other private entities1 and ,federal1 ,state1 and local entities shall timely respond to any request in connection with such an assessment4 7,,iii7 ,assessment and recommendations ,the ,officer for ,civil ,rights and ,civil ,liberties of the ,department shall review the results of each such assessment and recommend to the ,secretary any changes necessary to improve the civil rights and civil liberties protections of the ,system4 7,f7 ,grants to states 7i7 ,in general ,the ,secretary shall create and administer a grant program to help provide funding for ,states that grant-- 7,i7 the ,secretary access to driver's license information as needed to confirm that a driver's license presented under subsection 7c77#a77;,d77i7 confirms the identity of the subject of the ,system check1 and that a driver's license matches the ,state's records2 and 7,,ii7 such assistance as the ,secretary may request in order to resolve further action notices or nonconfirmations relating to such information4 7ii7 ,construction with the driver's privacy protection act of #aiid ,the provision of a photograph to the ,secretary as described in clause 7i7 may not be construed as a violation of section #bgba of title #ah1 ,united ,states ,code1 and is a permissible use under subsection 7b77#a7 of that section4 7iii7 ,authorization of appropriations ,there is authorized to be appropriated #ejj1jjj1jjj to carry out this subparagraph4 7,g7 ,responsibilities of the secretary of state ,as part of the ,system1 the ,secretary of ,state shall provide to the ,secretary access to passport and visa information as needed to confirm that a passport1 passport card1 or visa presented under subsection 7c77#a77;,c7 confirms the identity of the subject of the ,system check1 and that a passport1 passport card1 or visa photograph matches the ,secretary of ,state's records1 and shall provide such assistance as the ,secretary may request in order to resolve further action notices or nonconfirmations relating to such information4 7,h7 ,updating information ,the ,commissioner1 the ,secretary1 and the ,secretary of ,state shall update their information in a manner that promotes maximum accuracy and shall provide a process for the prompt correction of erroneous information4 7#i7 ,limitation on use of the system ,notwithstanding any other provision of law1 no department1 bureau1 or other agency of the ,united ,states ,government or any other entity may use1 share1 or transmit any information1 database1 or other records assembled under this subsection for any purpose other than for employment verification or to ensure secure1 appropriate1 and nondiscriminatory use of the ,system4 7#aj7 ,annual report and certification ,not later than #ah months after the promulgation of regulations to implement this subsection1 and annually thereafter1 the ,secretary shall submit a report to ,congress that includes the following3 7,a7 ,an assessment1 as submitted to the ,secretary by the ,inspector ,general of the ,department of ,homeland ,security pursuant to paragraph 7#h77;,c77iii77,i71 of the accuracy rates of further action notices and other ,system notices provided by employers to individuals who are authorized to be employed in the ,united ,states4 7,b7 ,an assessment1 as submitted to the ,secretary by the ,inspector ,general of the ,department of ,homeland ,security pursuant to paragraph 7#h77;,c77iii77,i71 of the accuracy rates of further action notices and other ,system notices provided directly 7by the ,system7 in a timely fashion to individuals who are not authorized to be employed in the ,united ,states4 7,c7 ,an assessment of any challenges faced by small employers in using the ,system4 7,d7 ,an assessment of the rate of employer noncompliance 7in addition to failure to provide required notices in a timely fashion7 in each of the following categories3 7i7 ,taking adverse action based on a further action notice4 7ii7 ,use of the ,system for nonemployees or other individuals before they are offered employment4 7iii7 ,use of the ,system to reverify employment authorized status of current employees except if authorized to do so4 7iv7 ,use of the ,system selectively1 except in cases in which such use is authorized4 7v7 ,use of the ,system to deny employment or post-employment benefits or otherwise interfere with labor rights4 7vi7 ,requiring employees or applicants to use any self-verification feature or to provide self-verification results4 7vii7 ,discouraging individuals who receive a further action notice from challenging the further action notice or appealing a determination made by the ,system4 7,e7 ,an assessment of the rate of employee noncompliance in each of the following categories3 7i7 ,obtaining employment when unauthorized with an employer complying with the ,system in good faith4 7ii7 ,failure to provide required documents in a timely manner4 7iii7 ,attempting to use fraudulent documents or documents not related to the individual4 7iv7 ,misuse of the administrative appeal and judicial review process4 7,f7 ,an assessment of the amount of time taken for-- 7i7 the ,system to provide the confirmation or further action notice2 7ii7 individuals to contest further action notices2 7iii7 the ,system to provide a confirmation or nonconfirmation of a contested further action notice2 7iv7 individuals to file an administrative appeal of a nonconfirmation2 and 7v7 resolving administrative appeals regarding nonconfirmations4 7#aa7 ,annual gao study and report 7,a7 ,requirement ,the ,comptroller ,general shall1 for each year1 undertake a study to evaluate the accuracy1 efficiency1 integrity1 and impact of the ,system4 7,b7 ,report ,not later than #ah months after the promulgation of regulations to implement this subsection1 and yearly thereafter1 the ,comptroller ,general shall submit to ,congress a report containing the findings of the study carried out under this paragraph4 ,each such report shall include1 at a minimum1 the following3 7i7 ,an assessment of ,system performance with respect to the rate at which individuals who are eligible for employment in the ,united ,states are correctly approved within the required periods1 including a separate assessment of such rate for naturalized ,united ,states citizens1 nationals of the ,united ,states1 and aliens4 7ii7 ,an assessment of the privacy and confidentiality of the ,system and of the overall security of the ,system with respect to cybertheft and theft or misuse of private data4 7iii7 ,an assessment of whether the ,system is being implemented in a manner that is not discriminatory or used for retaliation against employees4 7iv7 ,an assessment of the most common causes for the erroneous issuance of nonconfirmations by the ,system and recommendations to correct such causes4 7v7 ,the recommendations of the ,comptroller ,general regarding ,system improvements4 7vi7 ,an assessment of the frequency and magnitude of changes made to the ,system and the impact on the ability for employers to comply in good faith4 7vii7 ,an assessment of the direct and indirect costs incurred by employers in complying with the ,system1 including costs associated with retaining potential employees through the administrative appeals process and receiving a nonconfirmation4 7viii7 ,an assessment of any backlogs or delays in the ,system providing the confirmation or further action notice and impacts to hiring by employers4 7ix7 ,an assessment of the effect of the identity authentication mechanism and any other security measures set forth in subsection 7c77#a77;,f77iv7 to verify identity incorporated into the ,system or otherwise used by employers on employees4 7#ab7 ,outreach and partnership 7,a7 ,outreach ,the ,secretary may conduct outreach and establish programs to assist employers in verifying employment authorization and preventing identity fraud4 7,b7 ,partnership initiative ,the ,secretary may establish partnership initiatives between the ,federal ,government and private sector employers to foster cooperative relationships and to strengthen overall hiring practices4 7e7 ,compliance 7#a7 ,complaints and investigations ,the ,secretary shall establish procedures-- 7,a7 for individuals and entities to file complaints respecting potential violations of subsections 7a7 or 7f77#a72 7,b7 for the investigation of those complaints which the ,secretary deems appropriate to investigate2 and 7,c7 for providing notification to the ,immigrant and ,employee ,rights ,section of the ,civil ,rights ,division of the ,department of ,justice of potential violations of section #bgd;,b4 7#b7 ,authority in investigations ,in conducting investigations and proceedings under this subsection-- 7,a7 immigration officers shall have reasonable access to examine evidence of the employer being investigated2 7,b7 immigration officers designated by the ,secretary1 and administrative law judges and other persons authorized to conduct proceedings under this section1 may compel by subpoena the attendance of relevant witnesses and the production of relevant evidence at any designated place in an investigation or case under this subsection4 ,in case of refusal to fully comply with a subpoena lawfully issued under this paragraph1 the ,secretary may request that the ,attorney ,general apply in an appropriate district court of the ,united ,states for an order requiring compliance with the subpoena1 and any failure to obey such order may be punished by the court as contempt4 ,failure to cooperate with the subpoena shall be subject to further penalties1 including further fines and the voiding of any mitigation of penalties or termination of proceedings under paragraph 7#d77;,e72 and 7,c7 the ,secretary1 in cooperation with the ,commissioner and the ,attorney ,general1 and in consultation with other relevant agencies1 shall establish a ,joint ,employment ,fraud ,task ,force consisting of1 at a minimum-- 7i7 the ,system's compliance personnel2 7ii7 immigration law enforcement officers2 7iii7 personnel of the ,immigrant and ,employee ,rights ,section of the ,civil ,rights ,division of the ,department of ,justice2 7iv7 personnel of the ,office for ,civil ,rights and ,civil ,liberties of the ,department2 and 7v7 personnel of ,office of ,inspector ,general of the ,social ,security ,administration4 7#c7 ,compliance procedures 7,a7 ,pre-penalty notice ,if the ,secretary has reasonable cause to believe that there has been a civil violation of this section in the previous #c years1 the ,secretary shall issue to the employer concerned a written notice of the ,department's intention to issue a claim for a monetary or other penalty4 ,such pre-penalty notice shall-- 7i7 describe the violation2 7ii7 specify the laws and regulations allegedly violated2 7iii7 disclose the material facts which establish the alleged violation2 7iv7 describe the penalty sought to be imposed2 and 7v7 inform such employer that such employer shall have a reasonable opportunity to make representations as to why a monetary or other penalty should not be imposed4 7,b7 ,employer's response ,whenever any employer receives written pre-penalty notice of a fine or other penalty in accordance with subparagraph 7,a71 the employer may1 within #fj days from receipt of such notice1 file with the ,secretary its written response to the notice4 ,the response may include any relevant evidence or proffer of evidence that the employer wishes to present with respect to whether the employer violated this section and whether1 if so1 the penalty should be mitigated1 and shall be filed and considered in accordance with procedures to be established by the ,secretary4 7,c7 ,right to a hearing ,before issuance of an order imposing a penalty on any employer1 person1 or entity1 the employer1 person1 or entity shall be entitled to a hearing before an administrative law judge1 if requested within #fj days of the notice of penalty4 ,the hearing shall be held at the nearest location practicable to the place where the employer1 person1 or entity resides or of the place where the alleged violation occurred4 7,d7 ,issuance of orders ,if no hearing is so requested1 the ,secretary's imposition of the order shall constitute a final and unappealable order4 ,if a hearing is requested and the administrative law judge determines1 upon clear and convincing evidence received1 that there was a violation1 the administrative law judge shall issue the final determination with a written penalty claim4 ,the penalty claim shall specify all charges in the information provided under clauses 7i7 through 7iii7 of subparagraph 7,a7 and any mitigation of the penalty that the administrative law judge deems appropriate under paragraph 7#d77;,e74 7#d7 ,civil penalties 7,a7 ,hiring or continuing to employ unauthorized aliens ,any employer that violates any provision of subsection 7a77#a77;,a7 or 7a77#b7 shall-- 7i7 pay a civil penalty of not less than #c1ejj and not more than #g1ejj for each unauthorized alien with respect to which each violation of either subsection 7a77#a77;,a7 or 7a77#b7 occurred2 7ii7 if the employer has previously been fined as a result of a previous enforcement action or previous violation under this paragraph1 pay a civil penalty of not less than #e1jjj and not more than #ae1jjj for each unauthorized alien with respect to which a violation of either subsection 7a77#a77;,a7 or 7a77#b7 occurred2 and 7iii7 if the employer has previously been fined more than once under this paragraph1 pay a civil penalty of not less than #aj1jjj and not more than #be1jjj for each unauthorized alien with respect to which a violation of either subsection 7a77#a77;,a7 or 7a77#b7 occurred4 7,b7 ,enhanced penalties ,after the ,secretary certifies to ,congress that the ,system has been established1 implemented1 and made mandatory for use by all employers in the ,united ,states1 the ,secretary may establish an enhanced civil penalty for an employer who-- 7i7 fails to query the ,system to verify the identify and work authorized status of an individual2 and 7ii7 violates a ,federal1 ,state1 or local law related to-- 7,i7 the payment of wages2 7,,ii7 hours worked by employees2 or 7,,iii7 workplace health and safety4 7,c7 ,recordkeeping or verification practices ,any employer that violates or fails to comply with any requirement under subsection 7a77#a77;,b71 other than a minor or inadvertent failure1 as determined by the ,secretary1 shall pay a civil penalty of-- 7i7 not less than #ejj and not more than #b1jjj for each violation2 7ii7 if an employer has previously been fined under this paragraph1 not less than #a1jjj and not more than #d1jjj for each violation2 and 7iii7 if an employer has previously been fined more than once under this paragraph1 not less than #b1jjj and not more than #h1jjj for each violation4 7,d7 ,other penalties ,the ,secretary may impose additional penalties for violations1 including cease and desist orders1 specially designed compliance plans to prevent further violations1 suspended fines to take effect in the event of a further violation1 and in appropriate cases1 the remedy provided by subsection 7f77#b74 7,e7 ,mitigation ,the ,secretary or1 if an employer requests a hearing1 the administrative law judge1 is authorized1 upon such terms and conditions as the ,secretary or administrative law judge deems reasonable and just and in accordance with such procedures as the ,secretary may establish or any procedures established governing the administrative law judge's assessment of penalties1 to reduce or mitigate penalties imposed upon employers1 based upon factors including1 the employer's hiring volume1 compliance history1 good-faith implementation of a compliance program1 the size and level of sophistication of the employer1 and voluntary disclosure of violations of this subsection to the ,secretary4 ,the ,secretary or administrative law judge shall not mitigate a penalty below the minimum penalty provided by this section1 except that the ,secretary may1 in the case of an employer subject to penalty for recordkeeping or verification violations only who has not previously been penalized under this section1 in the ,secretary's or administrative law judge's discretion1 mitigate the penalty below the statutory minimum or remit it entirely4 ,in any case where a civil money penalty has been imposed on an employer under section #bgd;,b for an action or omission that is also a violation of this section1 the ,secretary or administrative law judge shall mitigate any civil money penalty under this section by the amount of the penalty imposed under section #bgd;,b4 7,f7 ,effective date ,the civil money penalty amounts and the enhanced penalties provided by subparagraphs 7,a71 7,b71 and 7,c7 of this paragraph and by subsection 7f77#b7 shall apply to violations of this section committed on or after the date that is #a year after the date of the enactment of the ,e-,verify ,act of #bjai4 ,for violations committed prior to such date of enactment1 the civil money penalty amounts provided by regulations implementing this section as in effect the minute before such date of enactment with respect to knowing hiring or continuing employment1 verification1 or indemnity bond violations1 as appropriate1 shall apply4 7#e7 ,order of internal review and certification of compliance 7,a7 ,employer compliance ,if the ,secretary has reasonable cause to believe that an employer has failed to comply with this section1 the ,secretary is authorized1 at any time1 to require that the employer certify that it is in compliance with this section1 or has instituted a program to come into compliance4 7,b7 ,employer certification 7i7 ,requirement ,except as provided in subparagraph 7,c71 not later than #fj days after receiving a notice from the ,secretary requiring a certification under subparagraph 7,a71 an official with responsibility for1 and authority to bind the company on1 all hiring and immigration compliance notices shall certify under penalty of perjury that the employer is in conformance with the requirements of paragraphs 7#a7 through 7#d7 of subsection 7c71 pertaining to document verification requirements1 and with subsection 7d71 pertaining to the ,system 7once the ,system is implemented with respect to that employer according to the requirements under subsection 7d77#b771 and with any additional requirements that the ,secretary may promulgate by regulation pursuant to subsection 7c7 or 7d7 or that the employer has instituted a program to come into compliance with these requirements4 7ii7 ,application ,clause 7i7 shall not apply until the date that the ,secretary certifies to ,congress that the ,system has been established1 implemented1 and made mandatory for use by all employers in the ,united ,states4 7,c7 ,extension of deadline ,at the request of the employer1 the ,secretary may extend the #fj-;day deadline for good cause4 7,d7 ,standards or methods ,the ,secretary is authorized to publish in the ,federal ,register standards or methods for such certification1 require specific recordkeeping practices with respect to such certifications1 and audit the records thereof at any time4 ,this authority shall not be construed to diminish or qualify any other penalty provided by this section4 7#f7 ,requirements for review of a final determination ,with respect to judicial review of a final determination or penalty order issued under paragraph 7#c77;,d71 the following requirements apply3 7,a7 ,deadline ,the petition for review must be filed no later than #cj days after the date of the final determination or penalty order issued under paragraph 7#c77;,d74 7,b7 ,venue and forms ,the petition for review shall be filed with the court of appeals for the judicial circuit where the employer's principal place of business was located when the final determination or penalty order was made4 ,the record and briefs do not have to be printed4 ,the court shall review the proceeding on a typewritten or electronically filed record and briefs4 7,c7 ,service ,the respondent is the ,secretary4 ,in addition to serving the respondent1 the petitioner shall serve the ,attorney ,general4 7,d7 ,petitioner's brief ,the petitioner shall serve and file a brief in connection with a petition for judicial review not later than #dj days after the date on which the administrative record is available1 and may serve and file a reply brief not later than #ad days after service of the brief of the respondent1 and the court may not extend these deadlines1 except for good cause shown4 ,if a petitioner fails to file a brief within the time provided in this paragraph1 the court shall dismiss the appeal unless a manifest injustice would result4 7,e7 ,scope and standard for review ,the court of appeals shall conduct a de novo review of the administrative record on which the final determination was based and any additional evidence that the ,court finds was previously unavailable at the time of the administrative hearing4 7,f7 ,exhaustion of administrative remedies ,a court may review a final determination under paragraph 7#c77;,c7 only if-- 7i7 the petitioner has exhausted all administrative remedies available to the petitioner as of right1 including any administrative remedies established by regulation2 and 7ii7 another court has not decided the validity of the order1 unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order4 7,g7 ,enforcement of orders ,if the final determination issued against the employer under this subsection is not subjected to review as provided in this paragraph1 the ,attorney ,general1 upon request by the ,secretary1 may bring a civil action to enforce compliance with the final determination in any appropriate district court of the ,united ,states4 ,the court1 on a proper showing1 shall issue a temporary restraining order or a preliminary or permanent injunction requiring that the employer comply with the final determination issued against that employer under this subsection4 ,in any such civil action1 the validity and appropriateness of the final determination shall not be subject to review4 7#g7 ,creation of lien ,if any employer liable for a fee or penalty under this section neglects or refuses to pay such liability after demand and fails to file a petition for review 7if applicable7 as provided in paragraph 7#f71 the amount of the fee or penalty shall be a lien in favor of the ,united ,states on all property and rights to property1 whether real or personal1 belonging to such employer4 ,if a petition for review is filed as provided in paragraph 7#f71 the lien shall arise upon the entry of a final judgment by the court4 ,the lien continues for #bj years or until the liability is satisfied1 remitted1 set aside1 or terminated4 7#h7 ,filing notice of lien 7,a7 ,place for filing ,the notice of a lien referred to in paragraph 7#g7 shall be filed as described in #a of the following3 7i7 ,under state laws 7,i7 ,real property ,in the case of real property1 in #a office within the ,state 7or the county1 or other governmental subdivision71 as designated by the laws of such ,state1 in which the property subject to the lien is situated4 7,,ii7 ,personal property ,in the case of personal property1 whether tangible or intangible1 in #a office within the ,state 7or the county1 or other governmental subdivision71 as designated by the laws of such ,state1 in which the property subject to the lien is situated1 except that ,state law merely conforming to or reenacting ,federal law establishing a national filing system does not constitute a second office for filing as designated by the laws of such ,state4 7ii7 ,with clerk of district court ,in the office of the clerk of the ,united ,states district court for the judicial district in which the property subject to the lien is situated1 whenever the ,state has not by law designated #a office which meets the requirements of clause 7i74 7iii7 ,with recorder of deeds of the district of columbia ,in the office of the ,recorder of ,deeds of the ,district of ,columbia1 if the property subject to the lien is situated in the ,district of ,columbia4 7,b7 ,situs of property subject to lien ,for purposes of subparagraph 7,a71 property shall be deemed to be situated as follows3 7i7 ,real property ,in the case of real property1 at its physical location4 7ii7 ,personal property ,in the case of personal property1 whether tangible or intangible1 at the residence of the taxpayer at the time the notice of lien is filed4 7,c7 ,determination of residence ,for purposes of subparagraph 7,b77ii71 the residence of a corporation or partnership shall be deemed to be the place at which the principal executive office of the business is located1 and the residence of a taxpayer whose residence is outside the ,united ,states shall be deemed to be in the ,district of ,columbia4 7,d7 ,effect of filing notice of lien 7i7 ,in general ,upon filing of a notice of lien in the manner described in this paragraph1 the lien shall be valid against any purchaser1 holder of a security interest1 mechanic's lien1 or judgment lien creditor1 except with respect to properties or transactions specified in subsection 7b71 7c71 or 7d7 of section #fcbc of the ,internal ,revenue ,code of #aihf for which a notice of tax lien properly filed on the same date would not be valid4 7ii7 ,notice of lien ,the notice of lien shall be considered a notice of lien for taxes payable to the ,united ,states for the purpose of any ,state or local law providing for the filing of a notice of a tax lien4 ,a notice of lien that is registered1 recorded1 docketed1 or indexed in accordance with the rules and requirements relating to judgments of the courts of the ,state where the notice of lien is registered1 recorded1 docketed1 or indexed shall be considered for all purposes as the filing prescribed by this section4 7iii7 ,other provisions ,section #cbja7;e7 of title #bh1 ,united ,states ,code1 shall apply to liens filed pursuant to this paragraph4 7,e7 ,enforcement of a lien ,a lien obtained through this paragraph shall be considered a debt as defined by section #cjjb of title #bh1 ,united ,states ,code1 and enforceable pursuant to chapter #agf of such title4 7#i7 ,attorney general adjudication ,the ,attorney ,general shall have jurisdiction to adjudicate administrative proceedings under this subsection4 ,such proceedings shall be conducted in accordance with section #eed of title #e1 ,united ,states ,code4 7f7 ,criminal and civil penalties and injunctions 7#a7 ,prohibition of indemnity bonds ,it is unlawful for an employer1 in the hiring of any individual1 to require the individual to post a bond or security1 to pay or agree to pay an amount1 or otherwise to provide a financial guarantee or indemnity1 against any potential liability arising under this section relating to such hiring of the individual4 7#b7 ,civil penalty ,any employer who is determined1 after notice and opportunity for mitigation of the monetary penalty under subsection 7e71 to have violated paragraph 7#a7 shall be subject to a civil penalty of #aj1jjj for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or1 if the employee cannot be located1 to the general fund of the ,treasury4 7g7 ,government contracts 7#a7 ,contractors and recipients ,whenever an employer who is a ,federal contractor 7meaning an employer who holds a ,federal contract1 grant1 or cooperative agreement1 or reasonably may be expected to submit an offer for or be awarded a government contract7 is determined by the ,secretary to have violated this section on more than #c occasions or is convicted of a crime under this section1 the employer shall be considered for debarment from the receipt of ,federal contracts1 grants1 or cooperative agreements in accordance with the procedures and standards and for the periods prescribed by the ,federal ,acquisition ,regulation4 ,however1 any administrative determination of liability for civil penalty by the ,secretary or the ,attorney ,general shall not be reviewable in any debarment proceeding4 7#b7 ,inadvertent violations ,inadvertent violations of recordkeeping or verification requirements1 in the absence of any other violations of this section1 shall not be a basis for determining that an employer is a repeat violator for purposes of this subsection4 7#c7 ,other remedies available ,nothing in this subsection shall be construed to modify or limit any remedy available to any agency or official of the ,federal ,government for violation of any contractual requirement to participate in the ,system1 as provided in the final rule relating to employment eligibility verification published in the ,federal ,register on ,november #ad1 #bjjh 7#gc ,fed4 ,reg4 #fg1fea71 or any similar subsequent regulation4 7h7 ,preemption ,the provisions of this section preempt any ,state or local law1 ordinance1 policy1 or rule1 including any criminal or civil fine or penalty structure1 relating to the hiring1 continued employment1 or status verification for employment eligibility purposes1 of unauthorized aliens4 ,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 ,system4 7i7 ,deposit of amounts received ,except as otherwise specified1 civil penalties collected under this section shall be deposited by the ,secretary into the ,treasury as miscellaneous receipts4 7j7 ,challenges to validity of the system 7#a7 ,in general ,any right1 benefit1 or claim not otherwise waived or limited pursuant to this section is available in an action instituted in the ,united ,states ,district ,court for the ,district of ,columbia1 but shall be limited to determinations of-- 7,a7 whether this section1 or any regulation issued to implement this section1 violates the ,constitution of the ,united ,states2 or 7,b7 whether such a regulation issued by or under the authority of the ,secretary to implement this section1 is contrary to applicable provisions of this section or was issued in violation of chapter #e of title #e1 ,united ,states ,code4 7#b7 ,deadlines for bringing actions ,any action instituted under this subsection must be filed no later than #ahj days after the date the challenged section or regulation described in subparagraph 7,a7 or 7,b7 of paragraph 7#a7 becomes effective4 ,no court shall have jurisdiction to review any challenge described in subparagraph 7,b7 after the time period specified in this subsection expires4 7k7 ,criminal penalties and injunctions for pattern or practice violations 7#a7 ,pattern and practice ,any employer who engages in a pattern or practice of knowing violations of subsection 7a77#a77;,a7 or 7a77#b7 shall be fined under title #ah1 ,united ,states ,code1 no more than #aj1jjj for each unauthorized alien with respect to whom such violation occurs1 imprisoned for not more than #b years for the entire pattern or practice1 or both4 7#b7 ,term of imprisonment ,the maximum term of imprisonment of a person convicted of any criminal offense under the ,united ,states ,code shall be increased by #e years if the offense is committed as part of a pattern or practice of violations of subsection 7a77#a77;,a7 or 7a77#b74 7#c7 ,enjoining of pattern or practice violations ,whenever the ,secretary or the ,attorney ,general has reasonable cause to believe that an employer is engaged in a pattern or practice of employment in violation of subsection 7a77#a77;,a7 or 7a77#b71 the ,attorney ,general may bring a civil action in the appropriate district court of the ,united ,states requesting such relief1 including a permanent or temporary injunction1 restraining order1 or other order against the employer1 as the ,secretary or the ,attorney ,general determines to be necessary4 7l7 ,criminal penalties for unlawful and abusive employment 7#a7 ,in general ,any person who1 during any #ab-month period1 knowingly employs or hires1 employs1 recruits1 or refers for a fee for employment #aj or more individuals within the ,united ,states who are under the control and supervision of such person-- 7,a7 knowing that the individuals are unauthorized aliens2 and 7,b7 under conditions that violate section #e7;a7 of the ,occupational ,safety and ,health ,act of #aigj 7#bi ,u4,s4,c4 #fed7;a77 7relating to occupational safety and health71 section #f or #g of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjf and #bjg7 7relating to minimum wages and maximum hours of employment71 section #cadb of title #dj1 ,united ,states ,code 7relating to required wages on construction contracts71 or section #fgjc or #fgjd of title #da1 ,united ,states ,code 7relating to required wages on service contracts71 shall be fined under title #ah1 ,united ,states ,code1 or imprisoned for not more than #aj years1 or both4 7#b7 ,attempt and conspiracy ,any person who attempts or conspires to commit any offense under this section shall be punished in the same manner as a person who completes the offense4 7m7 ,limitation on adjustment of status ,the ,secretary may not adjust the status of aliens who have been granted registered provisional immigrant status1 except for aliens granted blue card status as described in section #bde;,d7b71 unless the ,secretary1 after consultation with the ,comptroller ,general of the ,united ,states1 certifies in writing to the ,president and ,congress that the ,secretary has implemented the ,system1 including the full incorporation of the photo tool and additional security measures1 required by this section1 and has required the use of the ,system by all employers to prevent unauthorized workers from obtaining employment in the ,united ,states4 4 #c4 ,report on use of the system in the agricultural industry 7a7 ,in general ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security1 in consultation with the ,secretary of ,agriculture1 shall submit a report to ,congress that assesses implementation of the ,employment ,verification ,system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by section #b1 in the agricultural industry1 including the use of such ,system technology in agriculture industry hiring processes1 user1 contractor1 and third-party employer agent employment practices1 timing and logistics regarding employment verification and reverification processes to meet agriculture industry practices1 and identification of potential challenges and modifications to meet the unique needs of the agriculture industry4 7b7 ,contents ,the report required under subsection 7a7 shall review-- 7#a7 the modality of access1 training and outreach1 customer support1 processes for further action notices and secondary verifications for short-term workers1 monitoring1 and compliance procedures for such ,system2 7#b7 the interaction of such ,system with the process to admit nonimmigrant workers pursuant to section #bah or #bah;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #aahh et seq47 and with enforcement of the immigration laws2 and 7#c7 the collaborative use of processes of other ,federal and ,state agencies that intersect with the agriculture industry4 #d4 ,report on impact of the system on employers ,not later than #ah months after the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit a report to ,congress that assesses-- 7#a7 the implementation by employers of the ,employment ,verification ,system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by section #b2 7#b7 any adverse impact on the revenues1 business processes1 or profitability of employers required to use such ,system2 and 7#c7 the economic impact of such ,system on small businesses4 #e4 ,government ,accountability ,office study of the effects of document requirements on employment authorized persons and employers 7a7 ,study ,the ,comptroller ,general of the ,united ,states shall carry out a study of-- 7#a7 the effects of the documentary requirements under section #bgd;,a of the ,immigration and ,nationality ,act1 as amended by section #b1 on employers1 naturalized ,united ,states citizens1 nationals of the ,united ,states1 and individuals with employment authorized status2 and 7#b7 the challenges such employers1 citizens1 nationals1 or individuals may face in obtaining the documentation required under that section4 7b7 ,report 7#a7 ,in general ,not later than #d years after the date of the enactment of this ,act1 the ,comptroller ,general shall submit a report to ,congress containing the findings of the study carried out under subsection 7a74 7#b7 ,contents ,the report required under paragraph 7#a7 shall include-- 7,a7 an assessment of available information regarding the number of working age nationals of the ,united ,states and individuals who have employment authorized status who lack documents required for employment by such section #bgd;,a2 7,b7 a description of the additional steps required for individuals who have employment authorized status and do not possess the documents required by such section #bgd;,a to obtain such documents2 7,c7 a general assessment of the average financial costs for individuals who have employment authorized status who do not possess the documents required by such section #bgd;,a to obtain such documents2 7,d7 a general assessment of the average financial costs and challenges for employers who have been required to participate in the ,employment ,verification ,system established by subsection 7d7 of such section #bgd;,a2 7,e7 a description of the barriers to individuals who have employment authorized status in obtaining the documents required by such section #bgd;,a1 including barriers imposed by the executive branch of the ,government2 and 7,f7 any particular challenges facing individuals who have employment authorized status who are members of a federally recognized ,indian tribe in complying with the provisions of such section #bgd;,a4 #f4 ,repeal of pilot programs and e-verify and transition procedures 7a7 ,repeal ,sections #dja1 #djb1 #djc1 #djd1 and #dje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note7 are repealed4 7b7 ,transition procedures 7#a7 ,continuation of e-verify program ,notwithstanding the repeals made by subsection 7a71 the ,secretary of ,homeland ,security shall continue to operate the ,e-,verify ,program described in section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note71 as in effect on the day immediately preceding the date of the enactment of this ,act1 until the ,secretary determines that the transition to the ,system described in section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by section #b1 is complete4 7#b7 ,transition to the system ,any employer that was participating in the ,e-,verify ,program described in section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note71 as in effect on the day immediately preceding the date of the enactment of this ,act1 shall participate in the ,system described in section #bgd;,a7d7 of the ,immigration and ,nationality ,act1 as amended by section #b1 to the same extent and in the same manner that the employer participated in such ,e-,verify ,program4 7c7 ,construction ,the repeal made by subsection 7a7 may not be construed to limit the authority of the ,secretary of ,homeland ,security to allow1 or continue to allow1 the participation in such ,system of employers who have participated in such ,e-,verify ,program1 as in effect on the day immediately preceding the date of the enactment of this ,act4 7d7 ,conforming amendment ,section #bgd7;a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd7;a77 is amended-- 7#a7 by striking paragraph 7#c72 and 7#b7 by redesignating paragraph 7#d7 as paragraph 7#c74 #g4 ,taxpayer address information ,section #fajc7m7 of the ,internal ,revenue ,code of #aihf is amended by adding at the end the following3 7#h7 ,taxpayer address information furnished to ,secretary of ,homeland ,security ,upon written request from the ,secretary of ,homeland ,security1 the ,secretary shall disclose the mailing address of any taxpayer who is entitled to receive a notification from the ,secretary of ,homeland ,security pursuant to paragraphs 7#a77;,c7 and 7#h77;,e77vii7 of section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d77 for use only by employees of the ,department of ,homeland for the purpose of mailing such notification to such taxpayer4 4 #h4 ,social security account statements ,section #aadc7;a77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #acbj;b-#ac7;a77#b77 is amended-- 7a7 in subparagraph 7,d71 by striking and at the end2 7b7 in subparagraph 7,e71 by striking the period at the end and inserting 2 and2 and 7c7 by adding at the end the following3 7,f7 to the extent resources are available1 information in the ,commissioner's records indicating that a query was submitted to the employment verification system established under section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d77 under that individual's name or social security number2 and 7,g7 a toll-free telephone number operated by the ,department of ,homeland ,security for employment verification system inquiries and a link to self-verification procedure established under section #bgd;,a7d77#d77;,i7 of such ,act 7#h ,u4,s4,c4 #acbd;a7d77#d77;,i774 4 #i4 ,good faith compliance ,section #bgd;,b7a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;b7a77 is amended by adding at the end the following3 7#g7 ,treatment of certain violations after reasonable steps in good faith ,notwithstanding paragraphs 7#d7 and 7#f71 a person1 other entity1 or employment agency shall not be liable for civil penalties described in subsection 7g77#b77;,b77iv7 that are related to a violation of any such paragraph if the person1 entity1 or employment agency has taken reasonable steps1 in good faith1 to comply with such paragraphs at issue1 unless the person1 other entity1 or employment agency-- 7,a7 was1 for similar conduct1 subject to-- 7i7 a reasonable cause determination by the ,office of ,special ,counsel for ,immigration ,related ,unfair ,employment ,practices2 or 7ii7 a finding by an administrative law judge that a violation of this section has occurred2 or 7,b7 committed the violation in order to interfere with workplace rights 7as defined in section #bgd;,a7b77#h774 7#h7 ,good faith ,as used in paragraph 7#g71 the term good faith shall not include any action taken in order to interfere with workplace rights 7as defined in section #bgd;,a7b77#h774 ,neither the ,office of ,special ,counsel nor an administrative law judge hearing a claim under this section shall have any authority to assess workplace rights other than those guaranteed under this section4 7#i7 ,rules of construction ,nothing in this section may be construed-- 7,a7 to permit the ,office of ,special ,counsel for ,immigration-,related ,unfair ,employment ,practices or an administrative law judge hearing a claim under this ,section to enforce any workplace rights other than those guaranteed under this section2 or 7,b7 to prohibit any person1 other entity1 or employment agency from using an identity verification system1 service1 or method 7in addition to the employment verification system described in section #bgd;,a7d771 until the date on which the employer is required to participate in the ,system under section #bgd;,a7d77#b7 and the additional security measures mandated by section #bgd;,a7c77,f77iv7 have become available to verify the identity of a newly hired employee1 if such system-- 7i7 is used in a uniform manner for all newly hired employees2 7ii7 is not used for the purpose or with the intent of discriminating against any individual2 7iii7 provides for timely notice to employees run through the system of a mismatch or failure to confirm identity2 and 7iv7 sets out procedures for employees run through the system to resolve a mismatch or other failure to confirm identity4 7#aj7 ,liability ,a person1 entity1 or employment agency that uses an identity verification system1 service1 or method in a way that conflicts with the requirements under paragraph 7#g7 shall be subject to liability under paragraph 7#d77;,i74 7j7 ,maintenance of reasonable levels of service and enforcement ,there are authorized to be appropriated such sums as may be necessary to maintain reasonable levels of service and enforcement in administering the ,employment ,verification ,system4 4