,,ii #aaith ,,congress #b;d ,session ,s4 #dfbj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,may #ba1 #bjbf,mrs4 ,britt 7for herself1 ,mr4 ,cotton1 ,mr4 ,budd1 ,mr4 ,lankford1 ,mr4 ,graham1 ,mr4 ,tuberville1 ,mrs4 ,capito1 ,mr4 ,cruz1 ,mrs4 ,blackburn1 and ,mrs4 ,hyde-,smith7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to permanently establish the ,e-,verify employment eligibility verification system1 to mandate the use of ,e-,verify by all employers1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,mandatory ,e-,verify ,act of #bjbf4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4,sec4 #b4 ,establishment of permanent ,e-,verify4,sec4 #c4 ,mandatory ,e-,verify for all employers4,sec4 #d4 ,penalty for failure to use ,e-,verify4,sec4 #e4 ,enhanced penalties for unauthorized employment4,sec4 #f4 ,e-,verify self-check4,sec4 #g4 ,e-,verify process4,sec4 #h4 ,good faith defense4,sec4 #i4 ,preemption4,sec4 #aj4 ,access to information4,sec4 #aa4 ,fraud and misuse of documents4,sec4 #ab4 ,fraud prevention4,sec4 #ac4 ,protection of ,social ,security ,administration programs4,sec4 #ad4 ,inspector ,general audits4,sec4 #ae4 ,recruitment1 referral1 and continuation of employment4,sec4 #af4 ,definitions4 #b4 ,establishment of permanent ,e-,verify 7a7 ,establishment of permanent ,e-,verify ,section #bgd;,a7d7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d77 is amended to read as follows3 7d7 ,establishment of permanent ,e-,verify 7#a7 ,in general ,on the date of the enactment of the ,mandatory ,e-,verify ,act of #bjbf1 the ,secretary of ,homeland ,security shall permanently establish ,e-,verify1 based on the ,e-,verify pilot program implemented under section #dja7;c77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 in a manner that-- 7,a7 responds to inquiries made by persons through a website1 mobile application1 or other toll-free electronic media1 as determined by the ,secretary1 concerning-- 7i7 an individual's identity2 and 7ii7 whether such individual is authorized to be employed in the ,united ,states2 and 7,b7 maintains records of-- 7i7 the inquiries that were made2 7ii7 the verifications that were provided 7or not provided72 and 7iii7 the codes provided to inquirers as evidence of their compliance with their obligations under ,e-,verify4 7#b7 ,responses 7,a7 ,initial responses ,e-,verify shall provide confirmation or a tentative nonconfirmation of an individual's identity and employment eligibility not later than #c business days after the initial inquiry4 ,if providing confirmation or tentative nonconfirmation1 ,e-,verify shall provide an appropriate code indicating such confirmation or such nonconfirmation4 7,b7 ,secondary confirmation process in case of tentative nonconfirmation 7i7 ,in general ,in cases of tentative nonconfirmation1 the ,secretary shall specify1 in consultation with the ,commissioner of ,social ,security1 an available secondary verification process to confirm the validity of information provided and to provide a final confirmation or nonconfirmation not later than #aj business days after the date on which the notice of the tentative nonconfirmation is provided by the ,secretary4 7ii7 ,extensions ,the ,secretary1 in consultation with the ,commissioner-- 7,i7 may extend the deadline under clause 7i7 once1 on a case-by-case basis1 for a period of #aj business days2 and 7,,ii7 if such deadline is extended1 shall document such extension within the verification system4 7iii7 ,notifications ,the ,secretary1 in consultation with the ,commissioner1 shall immediately notify the employee and employer of any tentative nonconfirmation under clause 7i71 which shall include-- 7,i7 guidance to the prospective employee regarding the secondary verification process2 and 7,,ii7 any extension granted under clause 7ii74 7iv7 ,process ,the ,secretary1 in consultation with the ,commissioner1 shall-- 7,i7 create a standard process for extensions and notifications under this paragraph2 and 7,,ii7 make a description of such process available to the public4 7v7 ,code ,when final confirmation or nonconfirmation is provided1 the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation4 7#c7 ,design and operation of e-verify ,e-,verify shall be designed and operated-- 7,a7 to maximize its reliability and ease of use by persons and other entities consistent with insulating and protecting the privacy and security of the underlying information2 7,b7 to respond to all inquiries made by such persons and entities on whether individuals are authorized to be employed and to register all times when such inquiries are not received2 7,c7 to prevent unauthorized disclosure of personal information through appropriate administrative1 technical1 and physical safeguards2 7,d7 to include reasonable safeguards against unlawful discriminatory practices based on national origin or citizenship status1 including-- 7i7 the selective or unauthorized use of ,e-,verify to verify eligibility2 or 7ii7 the exclusion of certain individuals from consideration for employment as a result of a perceived likelihood that additional verification will be required1 beyond what is required for most job applicants2 7,e7 to maximize the prevention of identity theft use in the system2 7,f7 to limit the subjects of verification to-- 7i7 individuals hired1 referred1 or recruited1 in accordance with paragraph 7#a7 or 7#d7 of subsection 7b72 7ii7 employees and prospective employees1 in accordance with paragraph 7#a71 7#b71 7#c71 or 7#d7 of subsection 7b72 and 7iii7 individuals seeking to confirm their own employment eligibility on a voluntary basis2 and 7,g7 to confirm identity and employment authorization through verification and comparison of records maintained by the ,department of ,homeland ,security1 other ,federal departments1 ,states1 or outlying possessions of the ,united ,states1 as determined necessary by the ,secretary of ,homeland ,security1 including-- 7i7 records maintained by the ,social ,security ,administration2 7ii7 passports1 passport cards1 and visa records 7including photographs7 maintained by the ,department of ,state2 7iii7 notwithstanding section #fajc of the ,internal ,revenue ,code of #aihf or any other provision of law1 ,employer ,identification ,number records maintained by the ,internal ,revenue ,service2 7iv7 ,state driver's license or identity card information 7including photographs7 maintained by the ,department of ,motor ,vehicles of a ,state or outlying possession2 and 7v7 any other ,federal records that the ,secretary of ,homeland ,security determines to be relevant and necessary for such purpose4 7#d7 ,responsibilities of commissioner of social security 7,a7 ,in general ,the ,commissioner of ,social ,security1 in consultation with the ,secretary of ,homeland ,security 7and any designee of the ,secretary selected to establish and administer the verification system71 shall establish a reliable1 secure1 electronic method within ,e-,verify1 which1 within the periods specified in subparagraphs 7,a7 and 7,b7 of paragraph 7#b71 compares the name and ,social ,security account number provided in an inquiry against such information maintained by the ,commissioner in order to validate 7or not validate7-- 7i7 the information provided regarding each individual whose identity and employment eligibility is being confirmed2 7ii7 the correspondence of the name and number2 and 7iii7 whether the individual has presented a ,social ,security account number that is not valid for employment4 7,b7 ,limitation on disclosures ,the ,commissioner may not disclose or release ,social ,security information 7other than such confirmation or nonconfirmation7 under ,e-,verify except as provided for in this section or section #bje7;c77#b77;,i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;c77#b77;,i774 7#e7 ,responsibilities of secretary of homeland security ,the ,secretary of ,homeland ,security1 in consultation with any designee of the ,secretary selected to establish and administer the verification system1 shall establish a reliable1 secure1 electronic method within ,e-,verify1 which1 within the periods specified in subparagraphs 7,a7 and 7,b7 of paragraph 7#b71 compares the name and alien identification or authorization number 7or any other information as determined relevant by the ,secretary7 which are provided in an inquiry against such information maintained or accessed by the ,secretary-- 7,a7 to validate 7or not validate7-- 7i7 the information provided regarding each individual whose identity and employment eligibility is being confirmed2 7ii7 the correspondence of the name and number2 and 7iii7 whether the alien is authorized to be employed in the ,united ,states2 or 7,b7 to the extent that the ,secretary determines to be feasible and appropriate1 to determine whether the records available to the ,secretary verify the identity or status of a national of the ,united ,states4 7#f7 ,responsibilities of the ,secretary of ,state ,the ,secretary of ,state1 in consultation with the ,secretary of ,homeland ,security and any designee of the ,secretary of ,homeland ,security selected to establish and administer the verification system1 shall establish a reliable1 secure method1 that compares and provides1 within the time periods required under paragraphs 7#b7 and 7#c71 a confirmation or nonconfirmation of the name and passport1 passport card1 or visa number provided in an inquiry against such information maintained by the ,secretary of ,state in order to confirm 7or to not confirm7 the information provided regarding an individual whose identity and employment eligibility must be confirmed4 7#g7 ,updating information ,the ,commissioner of ,social ,security and the ,secretary of ,homeland ,security shall immediately1 and not later than #c business days after receiving updated information1 update their information in a manner that promotes the maximum accuracy and shall provide a process for the prompt correction of erroneous information1 including instances in which it is brought to their attention in the secondary verification process described in paragraph 7#b77;,b74 7#h7 ,no national identification card ,nothing in this subsection1 or in the ,mandatory ,e-,verify ,act of #bjbf1 may be construed to directly or indirectly authorize-- 7,a7 the issuance or use of national identification cards2 or 7,b7 the establishment of a national identification card4 7#i7 ,remedies 7,a7 ,in general ,if an individual alleges that the individual would not have been dismissed from a job absent an error of the verification mechanism1 the individual may seek-- 7i7 compensation only through the mechanism of chapter #aga of title #bh1 ,united ,states ,code 7commonly known as the ,federal ,tort ,claims ,act72 and 7ii7 injunctive relief to correct such error4 7,b7 ,class actions ,no class action may be brought under this subsection4 4 7b7 ,conforming amendments ,section #dja of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended-- 7#a7 by amending the section heading to read as follows3 ,e-,verify2 7#b7 in subsection 7a71 by striking #c pilot programs of employment eligibility confirmation and inserting ,e-,verify2 and 7#c7 in subsection 7b7-- 7,a7 in the subsection heading1 by striking 2 termination2 and 7,b7 by striking ,unless the ,congress otherwise provides1 the ,secretary of ,homeland ,security shall terminate a pilot program on ,september #cj1 #bjae44 7c7 ,transition from pilot to permanent ,e-,verify ,program 7#a7 ,in general ,subtitle ,a of title ,,iv of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is repealed4 7#b7 ,references ,any reference in any ,federal law1 ,executive order1 rule1 regulation1 or delegation of authority1 or any document of1 or pertaining to1 the ,department of ,homeland ,security1 the ,department of ,justice1 or the ,social ,security ,administration1 to the employment eligibility confirmation system established under section #djd of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is deemed to refer to ,e-,verify1 which has been permanently established pursuant to subsection 7a74 7#c7 ,clerical amendment ,the table of contents in section #a7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh7 is amended by striking the items relating to subtitle ,a of title ,,iv4 7#d7 ,effective date ,this subsection shall take effect on the date that is #ij days after the date of the enactment of this ,act4 7d7 ,funding 7#a7 ,transfers ,on the first day of each fiscal year beginning after the date of the enactment of this ,act1 the ,secretary of the ,treasury shall transfer #ajj1jjj1jjj in unobligated funds from the general fund of the ,treasury to the ,department of ,homeland ,security1 which shall be used to carry out ,e-,verify4 7#b7 ,authorization of appropriations ,in addition to the amounts transferred pursuant to paragraph 7#a71 there are authorized to be appropriated #ajj1jjj1jjj1 for fiscal year #bjbg1 and for each successive fiscal year1 to carry out ,e-,verify4 7e7 ,reporting requirements 7#a7 ,defined term ,in this subsection1 the term appropriate congressional committees means-- 7,a7 the ,committee on the ,judiciary of the ,senate2 7,b7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,c7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,d7 the ,committee on ,homeland ,security of the ,house of ,representatives4 7#b7 ,permanent e-verify initial report ,not later than #ahj days after the date of the enactment of this ,act1 the ,president shall submit a report to the appropriate congressional committees describing the implementation of the permanent ,e-,verify ,program1 including-- 7,a7 any significant changes made from the ,e-,verify ,pilot ,program in existence on the day before the date of the enactment of this ,act2 7,b7 any additional planned changes to streamline or improve the permanent ,e-,verify ,program2 and 7,c7 a classified appendix1 if necessary1 to discuss sensitive topics1 such as measures to prevent unauthorized disclosure of personal information4 7#c7 ,permanent e-verify annual report ,not later than #a year after the submission of the report under paragraph 7#b71 and annually thereafter1 the ,president shall submit a report to the appropriate congressional committees1 the ,committee on ,appropriations of the ,senate1 and the ,committee on ,appropriations of the ,house of ,representatives describing the status of the permanent ,e-,verify ,program1 including-- 7,a7 statistics on use1 confirmations1 tentative and final nonconfirmations1 and response times2 and 7,b7 information regarding the costs of the program1 including an accounting of any increases in costs that occurred during the previous year4 #c4 ,mandatory ,e-,verify for all employers 7a7 ,in general ,any person or other entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states shall utilize ,e-,verify in accordance with this section4 7b7 ,implementation timeline 7#a7 ,hiring ,except as provided in paragraphs 7#c7 and 7#d71 an employer shall use ,e-,verify whenever hiring an individual for employment in the ,united ,states beginning-- 7,a7 on the date that is #f months after the date of the enactment of this ,act if the employer has #aj1jjj or more employees in the ,united ,states on such date of enactment2 7,b7 on the date that is #i months after the date of the enactment of this ,act if the employer has at least #ejj employees in the ,united ,states and fewer than #aj1jjj employees in the ,united ,states on such date of enactment2 7,c7 on the date that is #a year after the date of the enactment of this ,act if the employer has at least #bj employees in the ,united ,states and fewer than #ejj employees in the ,united ,states on such date of enactment2 7,d7 on the date that is #ah months after the date of the enactment of this ,act if the employer has at least #a employee in the ,united ,states and fewer than #bj employees in the ,united ,states on such date of enactment2 and 7,e7 on the date that is #a year after the date of the enactment of this ,act for any new employer4 7#b7 ,recruiting and referring ,except as provided in paragraph 7#c71 the requirement under subsection 7a7 shall apply to a person or other entity recruiting or referring an individual for employment in the ,united ,states beginning on the date that is #a year after the date of the enactment of this ,act4 7#c7 ,agricultural labor or services ,notwithstanding paragraph 7#a71 the requirement under subsection 7a7 shall not apply to the verification of employment eligibility for employees performing agricultural labor or services until on or after the date that is #ah months after the date of the enactment of this ,act4 7#d7 ,critical infrastructure ,the ,secretary of ,homeland ,security shall authorize and direct any person or entity responsible for granting access to1 protecting1 securing1 operating1 administering1 or regulating part of the critical infrastructure 7as defined in section #ajaf7;e7 of the ,critical ,infrastructure ,protection ,act of #bjja 7#db ,u4,s4,c4 #eaie;c7e777 to use ,e-,verify whenever hiring an individual for employment in the ,united ,states on or after the date that is #f months after the date of the enactment of this ,act4 7#e7 ,use of contract labor ,any employer that uses a contract1 subcontract1 or exchange to obtain the labor of an individual in the ,united ,states after the applicable effective date under paragraphs 7#a7 through 7#d7 shall certify1 in such contract1 subcontract1 or exchange1 that the employer1 and all parties to such contract1 subcontract1 or exchange1 use ,e-,verify4 7#f7 ,transition rule ,any person or other entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states before the applicable effective date under paragraphs 7#a7 through 7#d7 shall be subject to any other provision of ,federal law requiring the person or entity to participate in the ,e-,verify ,pilot ,program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 as in effect before the date of the enactment of this ,act1 including ,executive ,order #acdfe 7#h ,u4,s4,c4 #acbd;a note71 and all references to the ,e-,verify ,pilot ,program or a requirement to participate in an employment verification program1 shall be deemed to refer to the ,e-,verify program established under section #dja of such ,act4 7c7 ,early compliance 7#a7 ,former e-,verify required users1 including ,federal contractors ,notwithstanding the deadlines set forth in subsection 7b77#a71 beginning on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall require employers required to participate in ,e-,verify described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 including employers required to participate in such program by reason of ,federal acquisition laws 7and regulations promulgated under those laws1 including the ,federal ,acquisition ,regulation71 to use ,e-,verify 7and comply with any additional requirements of such ,federal acquisition laws and regulation74 7#b7 ,former e-,verify voluntary users and others desiring early compliance ,notwithstanding the deadlines set forth in subsection 7b77#a71 beginning on the date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall provide for the voluntary use of ,e-,verify by employers voluntarily electing to participate in the ,e-,verify program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 before such date1 and by other employers seeking voluntary early compliance4 #d4 ,penalty for failure to use ,e-,verify ,if a person or entity fails to utilize ,e-,verify in accordance with this ,act and the amendments made by this ,act1 including failing to comply with section #c7;b77#e7 or providing information to the system that the person or entity knows or reasonably believes to be false1 such failure shall be treated as a violation of paragraph 7#a77;,a71 7#a77;,b71 or 7#b7 of section #bgd;,a7a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a771 as applicable4 #e4 ,enhanced penalties for unauthorized employment 7a7 ,in general ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended-- 7#a7 in subsection 7e7-- 7,a7 in paragraph 7#a7-- 7i7 by striking ,attorney ,general each place such term appears and inserting ,secretary of ,homeland ,security2 and 7ii7 in subparagraph 7,d71 by striking ,service and inserting ,department of ,homeland ,security2 7,b7 in paragraph 7#d7-- 7i7 in subparagraph 7,a7-- 7,i7 in the matter preceding clause 7i71 by inserting 1 subject to paragraph 7#aj71 after in an amount2 7,,ii7 in subparagraph 7,a77i71 by striking not less than #bej and not more than #b1jjj and inserting not less than #b1ejj and not more than #e1jjj2 7,,iii7 in subparagraph 7,a77ii71 by striking not less than #b1jjj and not more than #e1jjj and inserting not less than #e1jjj and not more than #aj1jjj2 and 7,,iv7 in subparagraph 7,a77iii71 by striking not less than #c1jjj and not more than #aj1jjj and inserting not less than #aj1jjj and not more than #be1jjj2 and 7ii7 by amending subparagraph 7,b7 to read as follows3 7,b7 may require the person or entity to take appropriate remedial action4 2 7,c7 in paragraph 7#e7-- 7i7 in the paragraph heading1 by striking paperwork2 7ii7 by inserting 1 subject to paragraphs 7#aj7 through 7#ab71 after in an amount2 and 7iii7 by striking #ajj and not more than #a1jjj and inserting #a1jjj and not more than #be1jjj2 and 7,d7 by adding at the end the following3 7#aj7 ,adjustment of penalty for good faith violation ,the ,secretary of ,homeland ,security or the ,attorney ,general may waive or reduce a civil penalty under paragraph 7#d77;,a7 7with respect to a violation of paragraph 7#a77;,a7 or 7#b7 of subsection 7a7 for hiring or continuation of employment or recruitment or referral by person or entity7 or a civil penalty under paragraph 7#e7 7with respect to a violation of subsection 7a77#a77;,b7 for hiring or recruitment or referral by a person or entity7 if the violator establishes that the violator acted in good faith4 7#aa7 ,mitigation ,the size of the business shall be taken into account when assessing the level of civil money penalty under paragraph 7#d74 7#ab7 ,authority to debar employers for certain violations 7,a7 ,in general ,if the ,secretary of ,homeland ,security determines that a person or entity is a repeat violator of paragraph 7#a77;,a7 or 7#b7 of subsection 7a71 or is convicted of a crime under this section1 such person or entity may be proposed for debarment from the receipt of ,federal contracts1 grants1 or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the ,federal ,acquisition ,regulation4 7,b7 ,does not have contract1 grant1 or agreement ,if the ,secretary of ,homeland ,security or the ,attorney ,general determines that a person or entity should be proposed for debarment in accordance with subparagraph 7,a71 and such person or entity does not hold a ,federal contract1 grant or cooperative agreement1 the ,secretary or the ,attorney ,general shall refer the matter to the ,administrator of ,general ,services to determine-- 7i7 whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement2 and 7ii7 if the person or entity is included on such list1 the duration and scope of such inclusion4 7,c7 ,has contract1 grant1 agreement ,if the ,secretary of ,homeland ,security or the ,attorney ,general determines that a person or entity should be proposed for debarment in accordance with subparagraph 7,a71 and such person or entity holds a ,federal contract1 grant or cooperative agreement1 the ,secretary or the ,attorney ,general-- 7i7 shall advise all agencies or departments holding a contract1 grant1 or cooperative agreement with the person or entity of the ,government's interest in having the person or entity proposed for debarment2 and 7ii7 after soliciting and considering the views of all such agencies and departments1 may refer the matter to any appropriate lead agency to determine-- 7,i7 whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement2 and 7,,ii7 if the person or entity is included on such list1 the duration and scope of such inclusion4 7,d7 ,review ,any decision to debar a person or entity under this paragraph shall be reviewable pursuant to part #i4d of the ,federal ,acquisition ,regulation4 7#ac7 ,continued employment after final nonconfirmation ,if a person or other entity continues to employ 7or to recruit or refer7 an individual after receiving final nonconfirmation1 a rebuttable presumption is created that the person or entity has violated subsection 7a77#a77;,a74 2 and 7#b7 in subsection 7f71 by amending paragraph 7#a7 to read as follows3 7#a7 ,criminal penalty ,any person or entity that engages in a pattern or practice of violations of paragraph 7#a7 or 7#b7 of subsection 7a7 shall be fined not more than #cj1jjj for each unauthorized alien with respect to which such a violation occurs1 imprisoned for not more than #ah months1 or both4 4 7b7 ,effective date 7#a7 ,in general ,except as provided in paragraph 7#b71 the amendments made by subsection 7a7 shall take effect on the date of the enactment of this ,act4 7#b7 ,continued employment after final nonconfirmation 7,a7 ,in general ,paragraph 7#ac7 of section #bgd;,a7e7 of the ,immigration and ,nationality ,act1 as added by subsection 7a77#a77;,d71 shall take effect on the date that is #f months after the date of the enactment of this ,act4 7,b7 ,penalty calculations ,the calculation of any penalties under section #bgd;,a7f7 of the ,immigration and ,nationality ,act1 as amended by subsection 7a77#b71 shall not include any period of continuing employment before the effective date referred to in subparagraph 7,a74 #f4 ,e-,verify self-check 7a7 ,in general ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a secure self-verification procedure to permit an individual to verify his or her employment eligibility4 7b7 ,elements ,the self-verification procedure established under subsection 7a7-- 7#a7 shall be subject to appropriate safeguards to prevent misuse of the confirmation system1 including requiring employees or applicants-- 7,a7 to use any self-verification feature2 or 7,b7 to provide the employer with self-verification results2 and 7#b7 shall allow individuals to contact the appropriate agency to correct or update the information contained in the confirmation system4 #g4 ,e-,verify process ,section #bgd;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77 is amended to read as follows3 7b7 ,employment eligibility verification process 7#a7 ,new hires1 recruitment1 and referral ,a person or other entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states shall be subject to the following requirements3 7,a7 ,attestation after examination of documentation 7i7 ,attestation ,during the verification period1 the person or entity shall attest1 by either a handwritten or electronic signature1 under penalty of perjury1 on a form1 including electronic formats1 designated or established by the ,secretary by regulation not later than #f months after the date of the enactment of the ,mandatory ,e-,verify ,act of #bjbf1 that the person or entity has verified that the individual is not an unauthorized alien by-- 7,i7 7aa7 obtaining from the individual the individual's ,social ,security account number or ,united ,states passport number and recording the number on the form2 7bb7 if the individual does not attest to ,united ,states nationality under subparagraph 7,b71 obtaining such identification or authorization number established by the ,department of ,homeland ,security for the alien as the ,secretary of ,homeland ,security may specify1 and recording such number on the form2 7,,ii7 examining1 in a manner prescribed by the ,secretary-- 7aa7 a document described in clause 7ii7 that relates to the individual presenting the document2 or 7bb7 a document described in clause 7iii7 that relates to the individual presenting the document and a document described in clause 7iv7 that relates to the individual presenting the document2 and 7,,iii7 matching the photograph on a document described in subclause 7,,ii7 that relates to the individual presenting the document with a photograph of such individual1 if such photograph is available through the ,e-,verify ,program4 7ii7 ,documents evidencing employment authorization and establishing identity ,a document described in this clause is an individual's-- 7,i7 unexpired ,united ,states passport or passport card2 7,,ii7 unexpired permanent resident card that contains a photograph2 7,,iii7 unexpired employment authorization card that contains a photograph2 7,,iv7 in the case of a nonimmigrant alien authorized to work for a specific employer incident to status1 a foreign passport with ,form ,i-#id or ,form ,i-#id;,a1 or other documentation as designated by the ,secretary specifying the alien's nonimmigrant status as long as the period of status has not yet expired and the proposed employment is not in conflict with any restrictions or limitations identified in the documentation2 7,v7 passport from the ,federated ,states of ,micronesia 7,,fsm7 or the ,republic of the ,marshall ,islands 7,,rmi7 with ,form ,i-#id or ,form ,i-#id;,a1 or other documentation as designated by the ,secretary1 indicating nonimmigrant admission under the ,compact of ,free ,association ,between the ,united ,states and the ,,fsm or ,,rmi2 or 7,,vi7 other document designated by the ,secretary of ,homeland ,security1 if the document-- 7aa7 contains a photograph of the individual and biometric identification data from the individual and such other personal identifying information relating to the individual as the ,secretary of ,homeland ,security finds1 by regulation1 sufficient for purposes of this clause2 7bb7 is evidence of authorization of employment in the ,united ,states2 and 7cc7 contains security features to make it resistant to tampering1 counterfeiting1 and fraudulent use4 7iii7 ,documents evidencing employment authorization ,a document described in this clause is an individual's ,social ,security account number card 7other than such a card which specifies on the face that the issuance of the card does not authorize employment in the ,united ,states74 7iv7 ,documents establishing identity of individual ,a document described in this clause is-- 7,i7 an individual's unexpired ,state issued driver's license or identification card if the license or card contains a photograph and personally identifying information1 such as name1 date of birth1 gender1 height1 eye color1 and home address2 7,,ii7 an individual's unexpired ,u4,s4 military identification card that contains a photograph2 7,,iii7 an individual's unexpired ,native ,american tribal identification document that contains a photograph and was issued by a tribal entity recognized by the ,bureau of ,indian ,affairs2 or 7,,iv7 in the case of an individual who is younger than #ah years of age1 a parent or legal guardian's attestation under penalty of law as to the identity and age of the individual4 7v7 ,authority to prohibit use of certain documents ,if the ,secretary of ,homeland ,security finds1 by regulation1 that any document described in clause 7ii71 7iii71 or 7iv7 as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree1 the ,secretary may prohibit or place conditions on its use for purposes of this paragraph4 7,b7 ,individual attestation of employment authorization 7i7 ,in general ,during the verification period1 the individual shall-- 7,i7 attest1 by either a handwritten or electronic signature1 under penalty of perjury1 and on the form designated or established for purposes of subparagraph 7,a71 that the individual is a citizen or national of the ,united ,states1 an alien lawfully admitted for permanent residence1 or an alien who is authorized under this ,act or by the ,secretary of ,homeland ,security to be hired1 recruited1 or referred for such employment2 and 7,,ii7 provide his or her ,social ,security account number or valid ,united ,states passport number4 7ii7 ,other identification ,if the individual does not attest to ,united ,states nationality under clause 7i71 the individual shall provide the identification or authorization number established for the alien by the ,department of ,homeland ,security1 as specified by the ,secretary4 7,c7 ,e-,verify redesign ,the ,secretary is authorized to issue regulations allowing any person or other entity hiring1 recruiting1 or referring an individual for employment and the individual to comply with this section through an updated digital verification system that requires the submission of-- 7i7 the information required under subparagraph 7,a77i77,i72 7ii7 the documentation required under subparagraph 7,a77i77,,ii72 and 7iii7 the matching of any available photos with any photo contained in any document presented for identity or employment verification purposes4 7,d7 ,system responses 7i7 ,confirmation received ,if a person or other entity receives an appropriate confirmation of an individual's identity and work eligibility under the verification system within the specified period1 the person or entity shall record1 on the form designated or established for purposes of subparagraph 7,a71 an appropriate code provided by the system that indicates a final confirmation of such identity and work eligibility of the individual4 7ii7 ,tentative nonconfirmation 7,i7 ,in general ,if the person or other entity receives a tentative nonconfirmation of an individual's identity or work eligibility under the verification system within the specified period1 the person or entity shall-- 7aa7 inform the individual for whom the verification is sought of such nonconfirmation2 7bb7 if the individual does not contest the nonconfirmation within #aj business days after receiving such tentative nonconfirmation1 record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation2 and 7cc7 if the individual does contest the nonconfirmation during such period1 refer the individual to the secondary verification process described in subsection 7d77#b77;,b74 7,,ii7 ,duration ,a nonconfirmation described in subclause 7,i7 shall remain tentative until a final confirmation or nonconfirmation is provided by the verification system not later than #aj business days after the issuance of a tentative nonconfirmation4 7,,iii7 ,not grounds for termination ,an employer may not terminate the employment of an individual because of a failure of the individual to have his or her identity and work eligibility confirmed under this section until the nonconfirmation becomes final4 ,nothing in this subclause may be construed to apply to a termination of employment for any reason other than because of such failure4 7,,iv7 ,not grounds for rescission of offer ,an employer may not rescind an offer of employment to an individual because of a failure of the individual to have his or her identity and work eligibility confirmed under this section until the nonconfirmation becomes final4 ,nothing in this subclause may be construed to apply to a rescission of an offer of employment for any reason other than because of such failure4 7iii7 ,final confirmation or nonconfirmation received ,if a final confirmation or nonconfirmation is provided by the verification system regarding an individual1 the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a confirmation or nonconfirmation of identity and work eligibility of the individual4 7iv7 ,extension ,if a person or other entity in good faith attempts to make an inquiry during the time period specified and the verification system has registered that not all inquiries were received during such time1 the person or entity may make an inquiry in the first #e subsequent business days in which the verification system registers that it has received all inquiries4 ,if the verification system cannot receive inquiries at all times during a day1 the person or entity merely has to assert that the entity attempted to make the inquiry on that day for the previous sentence to apply to such an inquiry1 and does not have to provide any additional proof concerning such inquiry4 7v7 ,termination upon final nonconfirmation ,not later than #c business days after receiving a final nonconfirmation regarding an individual1 the person or entity shall terminate the employment of the individual 7or decline to recruit or refer the individual74 7,e7 ,defined term 7i7 ,verification period ,in this paragraph3 7,i7 ,in the case of recruitment or referral1 the term verification period means the period ending on the date recruiting or referring commences4 7,,ii7 ,in the case of hiring1 the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is #c business days after the date of hire1 except as provided in clause 7iii74 ,the offer of employment may be conditioned in accordance with clause 7ii74 7ii7 ,job offer may be conditional ,a person or other entity may offer a prospective employee an employment position that is conditioned on final verification of the identity and employment eligibility of the employee using the procedures established under this paragraph4 7iii7 ,contact information ,a person or other entity1 upon making an offer of employment to a prospective employee under clause 7ii71 shall submit to ,e-,verify the contact information of the prospective employee1 including an email address or a telephone number1 so that ,e-,verify can notify the prospective employee in the case of a tentative nonconfirmation4 7iv7 ,special rule ,notwithstanding clause 7i77,,ii71 if a ,united ,states citizen1 a lawful permanent resident1 or an alien who is authorized for employment provides evidence from the ,social ,security ,administration that such individual has applied for a ,social ,security account number1 the verification period shall end on the date that is #c business days after the date on which the individual receives the ,social ,security account number4 7#b7 ,reverification for individuals with limited work authorization 7,a7 ,in general ,except as provided in subparagraphs 7,b7 and 7,c71 a person or entity shall use ,e-,verify to seek reverification of the employment eligibility of all individuals with a limited period of work authorization employed by the person or entity not later than #c business days after the date on which the employee's prior work authorization expires4 7,b7 ,effective date ,employers shall be subject to the requirement under subparagraph 7,a7 beginning on the date on which the employer is required to use ,e-,verify pursuant to section #c of the ,mandatory ,e-,verify ,act of #bjbf4 7,c7 ,reverification ,paragraph 7#a77;,c7 shall apply to reverifications under this paragraph on the same basis as it applies to verifications under paragraph 7#a71 except that employers shall use a form designated or established by the ,secretary by regulation for purposes of this paragraph4 7#c7 ,previously hired individuals 7,a7 ,on a mandatory basis for certain employees 7i7 ,in general ,not later than the date that is #f months after the date of the enactment of the ,mandatory ,e-,verify ,act of #bjbf1 an employer shall use ,e-,verify to seek verification of the identity and employment eligibility of any individual described in clause 7ii7 who is employed by the employer and whose employment eligibility has not been verified under the ,e-,verify program described in section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note74 7ii7 ,individuals described ,an individual described in this clause is-- 7,i7 an employee of any unit of a ,federal1 ,state1 or local government2 7,,ii7 an employee who requires a ,federal security clearance working in a ,federal1 ,state or local government building1 a military base1 a nuclear energy site1 a weapons site1 or an airport or other facility that requires workers-- 7aa7 to carry a ,transportation ,worker ,identification ,credential2 or 7bb7 to have access to a ,secure ,identification ,display ,area2 or 7,,iii7 an employee assigned to perform work in the ,united ,states under a ,federal contract1 except that this subclause-- 7aa7 is not applicable to individuals who normally perform support work1 such as indirect or overhead functions1 and do not perform any substantial duties applicable to the contract1 or are working solely on contracts that provide ,commercial ,off ,the ,shelf goods or services as set forth by the ,federal ,acquisition ,regulatory ,council1 unless they are subject to verification under subclause 7,,ii72 and 7bb7 only applies to contracts in excess of the micro-purchase threshold 7as defined in section #b4aja of title #dh1 ,code of ,federal ,regulations74 7,b7 ,on a mandatory basis for multiple users of same social security account number ,an employer who is required to use ,e-,verify1 or has elected voluntarily to use ,e-,verify1 shall make inquiries to the system in accordance with the following3 7i7 ,the ,commissioner of ,social ,security shall notify annually employees 7at the employee address listed on the ,wage and ,tax ,statement7 who submit a ,social ,security account number to which more than #a employer reports income and for which there is a pattern of unusual multiple use4 ,the notification letter shall identify the number of employers to which income is being reported as well as sufficient information notifying the employee of the process to contact the ,social ,security ,administration ,fraud ,hotline if the employee believes the employee's identity may have been stolen4 ,the notice may not include information protected as private1 in order to avoid any recipient of the notice from being in the position to further commit or begin committing identity theft4 7ii7 ,if the person to whom the ,social ,security account number was issued by the ,social ,security ,administration has been identified and confirmed by the ,commissioner1 and indicates that the ,social ,security account number was used without his or her knowledge1 the ,secretary and the ,commissioner shall-- 7,i7 lock the ,social ,security account number for employment eligibility verification purposes2 and 7,,ii7 notify the employers of the individuals who wrongfully submitted the ,social ,security account number that the employee may not be work eligible4 7iii7 ,each employer receiving notification of an incorrect ,social ,security account number under clause 7ii7 shall use ,e-,verify to check the work eligibility status of the applicable employee not later than #aj business days after receiving the notification4 7,c7 ,on a voluntary basis 7i7 ,in general ,subject to paragraph 7#b7 and subparagraphs 7,a7 and 7,b71 an employer may make an inquiry through ,e-,verify to seek verification of the identity and employment eligibility of any individual employed by the employer4 ,if an employer chooses voluntarily to seek verification of any individual employed by the employer1 the employer shall-- 7,i7 seek verification of all individuals employed by the employer2 and 7,,ii7 notify ,e-,verify whether the individual is an existing or prospective employee4 7ii7 ,effect of verification decision ,an employer's decision not to voluntarily seek verification of its current workforce under this subparagraph may not be considered by any government agency in any proceeding1 investigation1 or review provided for in this ,act4 7,d7 ,verification ,paragraph 7#a77;,c77ii7 shall apply to verifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph 7#a71 except that employers shall use a form designated or established by the ,secretary by regulation for purposes of this paragraph4 7#d7 ,copying of documentation permitted ,notwithstanding any other provision of law1 the person or entity-- 7,a7 may copy a document presented by an individual under this subsection2 and 7,b7 may retain the copy for the purpose of complying with the requirements under this subsection4 7#e7 ,limitation on use of forms ,a form designated or established by the ,secretary of ,homeland ,security under this subsection and any information contained in or appended to such form1 may not be used for purposes other than for the enforcement or administration of this ,act and any other provision of ,federal or ,state criminal law4 7#f7 ,good faith compliance 7,a7 ,in general ,except as otherwise provided in this subsection1 a person or entity is considered to have complied with a requirement of this subsection notwithstanding a technical or procedural failure to meet such requirement if there was a good faith attempt to comply with the requirement4 7,b7 ,exception if failure to correct after notice ,subparagraph 7,a7 shall not apply if-- 7i7 the failure is not de minimis2 7ii7 the ,secretary of ,homeland ,security has explained to the person or entity the basis for the failure and why it is not de minimis2 7iii7 the person or entity has been provided a period of not less than #cj calendar days 7beginning after the date of the explanation7 within which to correct the failure2 and 7iv7 the person or entity has not corrected the failure voluntarily within such period4 7,c7 ,exception for pattern or practice violators ,subparagraph 7,a7 shall not apply to a person or entity that has or is engaging in a pattern or practice of violating paragraph 7#a77;,a7 or 7#b7 of subsection 7a74 4 #h4 ,good faith defense ,section #bgd;,a7a77#c7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77#c77 is amended to read as follows3 7#c7 ,good faith defense 7,a7 ,defense ,an employer 7or person or entity that hires1 employs1 recruits1 or refers1 or is otherwise obligated to comply with this section7 that establishes good faith compliance with the requirements under subsection 7b7-- 7i7 shall not be liable to a job applicant1 an employee1 the ,federal ,government1 or a ,state or local government1 under ,federal1 ,state1 or local criminal or civil law for any employment-related action taken with respect to a job applicant or employee in good-faith reliance on information provided through the system established under subsection 7d72 and 7ii7 has established compliance with its obligations under subparagraphs 7,a7 and 7,b7 of paragraph 7#a7 and subsection 7b7 absent a showing by the ,secretary of ,homeland ,security1 by clear and convincing evidence1 that the employer had knowledge that an employee is an unauthorized alien4 7,b7 ,mitigation element ,for purposes of subparagraph 7,a77i71 if an employer proves by a preponderance of the evidence that the employer uses a reasonable1 secure1 and established technology to authenticate the identity of the new employee1 that fact shall be taken into account for purposes of determining good faith use of the system established under subsection 7d74 7,c7 ,failure to seek and obtain verification ,subject to the effective dates and other deadlines applicable under subsection 7b71 in the case of a person or entity in the ,united ,states that hires1 or continues to employ1 an individual1 or recruits or refers an individual for employment1 the following requirements shall apply3 7i7 ,failure to seek verification 7,i7 ,in general ,if the person or entity has not made an inquiry1 under the mechanism established under subsection 7d7 and in accordance with the timeframes established under subsection 7b71 seeking verification of the identity and work eligibility of the individual1 the defense under subparagraph 7,a7 shall not be considered to apply with respect to any employment1 except as provided in subclause 7,,ii74 7,,ii7 ,special rule for failure of verification mechanism ,if such a person or entity in good faith attempts to make an inquiry in order to qualify for the defense under subparagraph 7,a7 and the verification mechanism has registered that not all inquiries were responded to during the relevant time1 the person or entity can make an inquiry until the end of the first subsequent business day in which the verification mechanism registers no nonresponses and qualify for such defense4 7ii7 ,failure to obtain verification ,if the person or entity has made the inquiry described in clause 7i77,i71 but has not received an appropriate verification of such identity and work eligibility under such mechanism within the time period specified under subsection 7d77#b7 after the time the verification inquiry was received1 the defense under subparagraph 7,a7 shall not be considered to apply with respect to any employment after the end of such time period4 4 #i4 ,preemption ,section #bgd;,a7h77#b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7h77#b77 is amended to read as follows3 7#b7 ,preemption ,a ,state or unit of local government may not prohibit any person or other entity hiring1 recruiting1 or referring an individual for employment in the ,united ,states from utilizing ,e-,verify for purposes of verifying identity and employment eligibility4 4 #aj4 ,access to information 7a7 ,defined term ,in this section1 the term ,e-,verify purposes means-- 7#a7 preventing identity theft1 fraud1 and misuse of ,e-,verify2 and 7#b7 administering and enforcing the provisions of this ,act and section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 governing employment eligibility verification4 7b7 ,federal records ,notwithstanding any other provision of law1 including section #fajc of the ,internal ,revenue ,code of #aihf1 with respect to ,employer ,identification ,number information1 the ,secretary of ,homeland ,security shall have access to relevant ,federal records described in clauses 7i7 through 7iii7 of section #bgd;,a7d77#c77;,g7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7d77#c77;,g77 for ,e-,verify purposes4 7c7 ,federal cooperation ,any ,federal agency or other ,federal ,government entity possessing records described in subsection 7a7 shall provide such assistance and cooperation as the ,secretary of ,homeland ,security may request to resolve initial verification inquiries1 further action required results1 cases in continuance1 and final nonconfirmation results relating to such records or to otherwise improve the accuracy of ,e-,verify4 7d7 ,state cooperation 7#a7 ,driver's license information ,notwithstanding section #bgba of title #ah1 ,united ,states ,code1 or any other law1 a ,state department of motor vehicles may provide information described in section #bgd;,a7d77#c77;,g77iv7 of the ,immigration and ,nationality ,act1 as added by section #b7;a7 of this ,act1 obtained by the department1 including an individual's photograph1 to the ,secretary of ,homeland ,security for ,e-,verify purposes4 7#b7 ,information sharing agreements ,the ,secretary of ,homeland ,security shall maximize enrollment of ,states and other non-,federal ,government entities possessing information described in section #bgd;,a7d77#c77;,g77iv7 of the ,immigration and ,nationality ,act in information sharing agreements that provide access to such information to the ,secretary for ,e-,verify purposes and fully implement such agreements4 7#c7 ,conditions for federal grant funding 7,a7 ,economic development assistance grants ,section #c7d7 of the ,public ,works and ,economic ,development ,act of #aife 7#db ,u4,s4,c4 #cabb7d77 is amended by adding at the end the following3 7,c7 ,grants conditioned on information sharing ,the term eligible recipient does not include1 with respect to grants authorized under section #bja1 #bjc1 #bje1 or #bjg-- 7i7 a ,state that-- 7,i7 does not provide access to driver's license or identity card information 7including photographs7 maintained by the ,state department of motor vehicles to the ,secretary of ,homeland ,security for ,e-,verify purposes 7as defined in section #aj7;a7 of the ,mandatory ,e-,verify ,act of #bjbf72 or 7,,ii7 does not provide such assistance and cooperation as the ,secretary may request to resolve initial verification inquiries1 further action required results1 cases in continuance1 and final nonconfirmation results relating to such records2 or 7ii7 a city1 or other political subdivision of a ,state described in clause 7i71 including a special purpose unit of such ,state or political subdivision engaged in economic or infrastructure development activities1 or a consortium of such political subdivisions4 4 7,b7 ,community development block grants ,section #ajd of the ,housing and ,community ,development ,act of #aigd 7#db ,u4,s4,c4 #ecjd7 is amended by adding at the end the following3 7n7 ,protections for authorized workers 7#a7 ,in general ,amounts appropriated to carry out this title may not be obligated or expended for any ,state 7or any unit of general local government that is a political subdivision of such ,state7 that-- 7,a7 does not provide access to driver's license or identity card information 7including photographs7 maintained by the ,state department of motor vehicles to the ,department of ,homeland ,security for ,e-,verify purposes 7as defined in section #aj7;a7 of the ,mandatory ,e-,verify ,act of #bjbf72 or 7,b7 does not provide such assistance and cooperation as the ,secretary may request to resolve initial verification inquiries1 further action required results1 cases in continuance1 and final nonconfirmation results relating to such records4 7#b7 ,returned amounts 7,a7 ,state ,if a ,state receives funding under this title during any period in which the ,state is ineligible to receive such funding pursuant to paragraph 7#a71 the ,secretary shall-- 7i7 direct the ,state to immediately return to the ,secretary any such funding2 and 7ii7 reallocate amounts returned under clause 7i7 for grants under this title to other ,states that are not ineligible for such funding4 7,b7 ,unit of general local government ,if a unit of general local government receives funding under this title during any period in which it is ineligible for such funding pursuant to paragraph 7#a7-- 7i7 the local government shall return any such amounts to the ,secretary2 and 7ii7 the ,secretary shall reallocate such amounts for grants under this title to ,states and other units of general local government that are not ineligible for such funding4 7,c7 ,reallocation rules ,in reallocating amounts pursuant to subparagraphs 7,a7 and 7,b71 the ,secretary-- 7i7 shall apply the relevant allocation formula under subsection 7b71 with all entities ineligible for funding pursuant to paragraph 7#a7 excluded2 and 7ii7 shall not be subject to the rules for reallocation under subsection 7c74 4 7,c7 ,effective date ,the amendments made by this paragraph shall take effect on the date that is #a year after the date of the enactment of this ,act4 #aa4 ,fraud and misuse of documents ,section #aedf7;b7 of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in paragraph 7#a71 by striking identification document1 and inserting identification document or document meant to establish work authorization 7including the documents described in section #bgd;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77712 and 7#b7 in paragraph 7#b71 by striking identification document and inserting identification document or document meant to establish work authorization 7including the documents described in section #bgd;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b77714 #ab4 ,fraud prevention 7a7 ,blocking misused ,social ,security account numbers ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program in which ,social ,security account numbers that have been identified to be subject to unusual multiple use through ,e-,verify or that are otherwise suspected or determined to have been compromised by identity fraud1 the ,social ,security account numbers of deceased individuals1 or other misuse1 shall be blocked from use by ,e-,verify unless the individual using such number is able to establish1 through secure and fair additional security procedures1 as determined by the ,secretary of ,homeland ,security1 that the individual is the legitimate holder of the number4 7b7 ,allowing suspension of use of certain ,social ,security account numbers ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program which shall provide a reliable1 secure method by which victims of identity fraud and other individuals may suspend or limit the use of their ,social ,security account numbers or other identifying information for purposes of ,e-,verify4 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 7c7 ,allowing parents ,to prevent theft of their child's identity ,the ,secretary of ,homeland ,security1 in consultation with the ,commissioner of ,social ,security1 shall establish a program which shall provide a reliable1 secure method by which parents or legal guardians may suspend or limit the use of the ,social ,security account number or other identifying information of a minor under their care for the purposes of ,e-,verify4 ,the ,secretary may implement the program on a limited pilot program basis before making it fully available to all individuals4 #ac4 ,protection of ,social ,security ,administration programs ,pursuant to an agreement with the ,commissioner of ,social ,security1 the ,secretary of ,homeland ,security shall continue to provide funds to the ,commissioner for the full costs of the responsibilities of the ,commissioner under section #bgd;,a of the ,immigration and ,nationality ,act1 as amended by this ,act4 #ad4 ,inspector ,general audits 7a7 ,in general ,not later than #a year after the date of the enactment of this ,act1 the ,inspector ,general of the ,social ,security ,administration1 in order to uncover evidence of individuals who are not authorized to work in the ,united ,states1 shall complete audits of-- 7#a7 workers who dispute wages reported on their ,social ,security account number because they believe that their names and such numbers were fraudulently used by others to secure employment2 7#b7 children's ,social ,security account numbers that have been fraudulently used for work purposes2 7#c7 employers whose workers present significant numbers of mismatched ,social ,security account numbers or names for wage reporting2 7#d7 ,social ,security account numbers of deceased individuals that were fraudulently used for work purposes2 and 7#e7 ,social ,security account numbers of retired individuals that were potentially used fraudulently for work purposes4 7b7 ,submission ,the ,inspector ,general of the ,social ,security ,administration shall-- 7#a7 submit the audits completed pursuant to subsection 7a7 to-- 7,a7 the ,committee on ,finance of the ,senate2 7,b7 the ,committee on the ,judiciary of the ,senate2 7,c7 the ,committee on ,homeland ,security and ,governmental ,affairs of the ,senate2 7,d7 the ,committee on ,ways and ,means of the ,house of ,representatives2 7,e7 the ,committee on the ,judiciary of the ,house of ,representatives2 and 7,f7 the ,committee on ,homeland ,security of the ,house of ,representatives2 and 7#b7 make the information contained in such audits available to ,federal law enforcement4 #ae4 ,recruitment1 referral1 and continuation of employment 7a7 ,additional changes to rules for recruitment1 referral1 and continuation of employment ,section #bgd;,a7a7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7a77 is amended-- 7#a7 in paragraph 7#a7-- 7,a7 in subparagraph 7,a71 by striking for a fee2 and 7,b7 by amending subparagraph 7,b7 to read as follows3 7,b7 to hire1 continue to employ1 or to recruit or refer for employment in the ,united ,states an individual without complying with the requirements of subsection 7b74 2 and 7#b7 in paragraph 7#b71 by striking after hiring an alien for employment in accordance with paragraph 7#a71 and inserting after complying with paragraph 7#a714 7b7 ,effective date ,the amendments made by subsection 7a7 shall take effect on the date that is #f months after the date of the enactment of this ,act to the extent such amendments relate to continuation of employment4 #af4 ,definitions 7a7 ,in general ,in this ,act1 the terms agricultural labor or services1 date of hire1 recruit1 refer1 and unauthorized alien1 have the meanings given such terms in section #bgd;,a7i7 of the ,immigration and ,nationality ,act1 as amended by subsection 7b74 7b7 ,amendments to the ,immigration and ,nationality ,act ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended-- 7#a7 in subsection 7h71 by striking paragraph 7#c72 and 7#b7 by adding at the end the following3 7i7 ,definitions ,in this section3 7#a7 ,agricultural labor or services ,the term agricultural labor or services-- 7,a7 has the meaning given such term by the ,secretary of ,agriculture1 by regulation2 and 7,b7 includes-- 7i7 agricultural labor 7as defined in section #caba7;g7 of the ,internal ,revenue ,code of #aihf72 7ii7 agriculture 7as defined in section #c7;f7 of the ,fair ,labor ,standards ,act of #aich 7#bi ,u4,s4,c4 #bjc7;f7772 7iii7 all activities required for the preparation1 processing1 or manufacturing of a product of agriculture 7as defined in such section #c7;f77 for further distribution2 and 7iv7 the handling1 planting1 drying1 packing1 packaging1 processing1 freezing1 or grading prior to delivery for storage of any agricultural or horticultural commodity in its unmanufactured state4 7#b7 ,date of hire ,the term date of hire means the date of commencement of employment for wages or other remuneration4 7#c7 ,recruit 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term recruit means the act of soliciting a person who is in the ,united ,states1 directly or indirectly1 and referring the person to another with the intent of obtaining employment for that person4 7,b7 ,exceptions ,the term recruit only applies to persons or entities referring for remuneration 7whether on a retainer or contingency basis7 except that the term applies to-- 7i7 union hiring halls that refer union members or nonunion individuals who pay union membership dues regardless of whether they receive remuneration2 and 7ii7 labor service entities or labor service agencies1 whether public1 private1 for-profit1 or nonprofit that recruit1 dispatch1 or otherwise facilitate the hiring of laborers for any period of time by a third party4 7#d7 ,refer 7,a7 ,in general ,except as provided in subparagraph 7,b71 the term refer means the act of sending or directing a person who is in the ,united ,states or transmitting documentation or information to another1 directly or indirectly1 with the intent of obtaining employment in the ,united ,states for such person4 7,b7 ,exceptions ,the term refer only applies to persons or entities referring for remuneration 7whether on a retainer or contingency basis7 except that the term applies to-- 7i7 union hiring halls that refer union members or nonunion individuals who pay union membership dues regardless of whether they receive remuneration2 and 7ii7 labor service entities or labor service agencies1 whether public1 private1 for-profit1 or nonprofit1 that refer1 dispatch1 or otherwise facilitate the hiring of laborers for any period of time by a third party4 7#e7 ,unauthorized alien ,the term unauthorized alien means1 with respect to the employment of an alien at a particular time1 an alien who is not-- 7,a7 an alien lawfully admitted for permanent residence2 or 7,b7 otherwise authorized to be employed under this ,act or by the ,secretary of ,homeland ,security4 4