Legal Workforce Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to establish an employment eligibility verification system (EEVS), patterned after the E-Verify system. (Eliminates the current paper-based I-9 system.)
Requires an employer to attest, during the verification period and under penalty of perjury, that the employer has verified that an individual is not an unauthorized alien by: (1) obtaining and recording the individual's social security account number, and (2) examining specified documents that establish such individual's identity and employment authorization.
Requires an individual to attest that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States.
Subjects an individual who knowingly uses the social security number or other identification of another person to fine and/or imprisonment.
Establishes a phased-in EEVS participation deadline (six months to two years) for different categories of employers, including agricultural employers. (Exempts from verification requirements seasonal agricultural workers who return to work for a previous employer.)
Requires reverification of the following workers who have not been verified under E-verify: (1) federal, state, or local government employees; (2) certain employees who require a federal security clearance; and (3) certain employees assigned to work in the United States under a federal or state contract.
Authorizes an employer to voluntarily reverify employees. (Requires any such reverification to be applied to all individuals so employed).
Includes employment recruitment and referral within the scope of EEVS. Requires EEVS use by union halls and nonprofit employment agencies.
Requires EEVS to provide employers with: (1) temporary verification or nonverification within 3 working days of an inquiry; and (2) in the case of nonverification, a final verification or nonverification within 10 working days.
Sets forth provisions regarding: (1) an employer utilizing a good faith defense, (2) preemption of state or local law, (3) employer penalties, and (4) worker remedies for EEVS errors.
Provides for the establishment of programs to: (1) block the use of misused social security numbers, (2) suspend or limit the use of social security numbers of victims of identity fraud, and (3) block the use of the social security numbers of certain aliens who are under order of removal, voluntarily depart, or have an expired work authorization.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2164 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 2164
To amend the Immigration and Nationality Act to make mandatory and
permanent requirements relating to use of an electronic employment
eligibility verification system, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 14, 2011
Mr. Smith of Texas (for himself, Mr. Calvert, Mr. Gallegly, Mr.
Chaffetz, Mr. Bilbray, Mr. Royce, Mr. Gary G. Miller of California,
Mrs. Myrick, Mr. Sensenbrenner, Mr. Franks of Arizona, Mr. Carter, Mr.
Kingston, Mr. Daniel E. Lungren of California, and Mr. Goodlatte)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committees on Education and the
Workforce and Ways and Means, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To amend the Immigration and Nationality Act to make mandatory and
permanent requirements relating to use of an electronic employment
eligibility verification system, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Legal Workforce Act''.
SEC. 2. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.
Section 274A(b) of the Immigration and Nationality Act (8 U.S.C.
1324a(b)) is amended to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) New hires, recruitment, and referral.--The
requirements referred to in paragraphs (1)(B) and (3) of
subsection (a) are, in the case of a person or other entity
hiring, recruiting, or referring an individual for employment
in the United States, the following:
``(A) Attestation after examination of
documentation.--
``(i) Attestation.--During the verification
period (as defined in subparagraph (F)), the
person or entity shall attest, under penalty of
perjury and on a form, including electronic and
telephonic formats, designated or established
by the Secretary by regulation not later than 6
months after the date of the enactment of the
Legal Workforce Act, that it has verified that
the individual is not an unauthorized alien
by--
``(I) obtaining from the individual
the individual's social security
account number and recording the number
on the form (if the individual claims
to have been issued such a number),
and, if the individual does not attest
to United States citizenship under
subparagraph (B), obtaining such
identification or authorization number
established by the Department of
Homeland Security for the alien as the
Secretary of Homeland Security may
specify, and recording such number on
the form; and
``(II) examining--
``(aa) a document described
in clause (ii); or
``(bb) a document described
in clause (iii) and a document
described in clause (iv).
``(ii) Documents evidencing employment
authorization and establishing identity.--A
document described in this subparagraph is an
individual's--
``(I) unexpired United States
passport or passport card;
``(II) unexpired permanent resident
card that contains a photograph;
``(III) unexpired employment
authorization card that contains a
photograph;
``(IV) in the case of a
nonimmigrant alien authorized to work
for a specific employer incident to
status, a foreign passport with Form I-
94 or Form I-94A bearing the same name
as the passport and containing as
endorsement of the alien's nonimmigrant
status, as long as the period of
endorsement has not yet expired and the
proposed employment is not in conflict
with any restrictions or limitations
identified on the form;
``(V) passport from the Federated
States of Micronesia (FSM) or the
Republic of the Marshall Islands (RMI)
with Form I-94 or Form I-94A indicating
nonimmigrant admission under the
Compact of Free Association Between the
United Sates and the FSM or RMI; or
``(VI) other document designated by
the Secretary of Homeland Security, if
the document--
``(aa) 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 finds, by
regulation, sufficient for
purposes of this clause;
``(bb) is evidence of
authorization of employment in
the United States; and
``(cc) contains security
features to make it resistant
to tampering, counterfeiting,
and fraudulent use.
``(iii) Documents evidencing employment
authorization.--A document described in this
subparagraph is an individual's social security
account number card (other than such a card
which specifies on the face that the issuance
of the card does not authorize employment in
the United States).
``(iv) Documents establishing identity of
individual.--A document described in this
subparagraph is--
``(I) an individual's unexpired
State issued driver's license or
identification card if it contains a
photograph and information such as
name, date of birth, gender, height,
eye color, and address;
``(II) an individual's unexpired
U.S. military identification card;
``(III) an individual's unexpired
Native American tribal identification
document; or
``(IV) in the case of an individual
under 18 years of age, a parent or
legal guardian's attestation under
penalty of law as to the identity and
age of the individual.
``(v) Authority to prohibit use of certain
documents.--If the Secretary of Homeland
Security finds, by regulation, that any
document described in clause (i), (ii), or
(iii) as establishing employment authorization
or identity does not reliably establish such
authorization or identity or is being used
fraudulently to an unacceptable degree, the
Secretary may prohibit or place conditions on
its use for purposes of this paragraph.
``(vi) Signature.--Such attestation may be
manifested by either a hand-written or
electronic signature.
``(B) Individual attestation of employment
authorization.--
``(i) In general.--During the verification
period (as defined in subparagraph (F)), the
individual shall attest, under penalty of
perjury on the form designated or established
for purposes of subparagraph (A), that the
individual is a citizen or national of the
United States, an alien lawfully admitted for
permanent residence, or an alien who is
authorized under this Act or by the Secretary
of Homeland Security to be hired, recruited, or
referred for such employment. Such attestation
may be manifested by either a hand-written or
electronic signature. The individual shall also
provide that individual's social security
account number (if the individual claims to
have been issued such a number), and, if the
individual does not attest to United States
citizenship under this subparagraph, such
identification or authorization number
established by the Department of Homeland
Security for the alien as the Secretary may
specify.
``(ii) Criminal penalty.--
``(I) Offenses.--Any individual
who, pursuant to clause (i), provides a
social security account number or an
identification or authorization number
established by the Secretary of
Homeland Security that belongs to
another person, knowing that the number
does not belong to the individual
providing the number, shall be fined
under title 18, United States Code,
imprisoned not less than 1 year and not
more than 15 years, or both. Any
individual who, pursuant to clause (i),
provides, during and in relation to any
felony violation enumerated in section
1028A(c) of title 18, United States
Code, a social security account number
or an identification or authorization
number established by the Secretary of
Homeland Security that belongs to
another person, knowing that the number
does not belong to the individual
providing the number, in addition to
the punishment provided for such
felony, shall be fined under title 18,
United States Code, imprisoned for a
term of 2 years, or both.
``(II) Consecutive sentence.--
Notwithstanding any other provision of
law--
``(aa) a court shall not
place on probation any
individual convicted of a
violation of this clause;
``(bb) except as provided
in item (dd), no term of
imprisonment imposed on an
individual under this section
shall run concurrently with any
other term of imprisonment
imposed on the individual under
any other provision of law,
including any term of
imprisonment imposed for the
felony enumerated in section
1028A(c) of title 18, United
States Code, during which the
violation of this section
occurred;
``(cc) in determining any
term of imprisonment to be
imposed for the felony
enumerated in section 1028A(c)
of title 18, United States
Code, during which the
violation of this clause
occurred, a court shall not in
any way reduce the term to be
imposed for such crime so as to
compensate for, or otherwise
take into account, any separate
term of imprisonment imposed or
to be imposed for a violation
of this clause; and
``(dd) a term of
imprisonment imposed on an
individual for a violation of
this clause may, in the
discretion of the court, run
concurrently, in whole or in
part, only with another term of
imprisonment that is imposed by
the court at the same time on
that individual for an
additional violation of this
clause, except that such
discretion shall be exercised
in accordance with any
applicable guidelines and
policy statements issued by the
United States Sentencing
Commission pursuant to section
994 of title 28, United States
Code.
``(C) Retention of verification form and
verification.--
``(i) In general.--After completion of such
form in accordance with subparagraphs (A) and
(B), the person or entity shall--
``(I) retain a paper, microfiche,
microfilm, or electronic version of the
form and make it available for
inspection by officers of the
Department of Homeland Security, the
Special Counsel for Immigration-Related
Unfair Employment Practices, or the
Department of Labor during a period
beginning on the date of the hiring,
recruiting, or referral of the
individual and ending--
``(aa) in the case of the
recruiting or referral of an
individual, 3 years after the
date of the recruiting or
referral; and
``(bb) in the case of the
hiring of an individual, the
later of 3 years after the date
of such hire or one year after
the date the individual's
employment is terminated; and
``(II) during the verification
period (as defined in subparagraph
(F)), make an inquiry, as provided in
subsection (d), using the verification
system to seek verification of the
identity and employment eligibility of
an individual.
``(ii) Verification.--
``(I) Verification received.--If
the person or other entity receives an
appropriate verification of an
individual's identity and work
eligibility under the verification
system within the time period
specified, the person or entity shall
record on the form an appropriate code
that is provided under the system and
that indicates a final verification of
such identity and work eligibility of
the individual.
``(II) Tentative nonverification
received.--If the person or other
entity receives a tentative
nonverification of an individual's
identity or work eligibility under the
verification system within the time
period specified, the person or entity
shall so inform the individual for whom
the verification is sought. If the
individual does not contest the
nonverification within the time period
specified, the nonverification shall be
considered final. The person or entity
shall then record on the form an
appropriate code which has been
provided under the system to indicate a
tentative nonverification. If the
individual does contest the
nonverification, the individual shall
utilize the process for secondary
verification provided under subsection
(d). The nonverification will remain
tentative until a final verification or
nonverification is provided by the
verification system within the time
period specified. In no case shall an
employer terminate employment of an
individual because of a failure of the
individual to have identity and work
eligibility confirmed under this
section until a nonverification becomes
final. Nothing in this clause shall
apply to a termination of employment
for any reason other than because of
such a failure. In no case shall an
employer rescind the offer of
employment to an individual because of
a failure of the individual to have
identity and work eligibility confirmed
under this subsection until a
nonconfirmation becomes final. Nothing
in this subclause shall apply to a
recission of the offer of employment
for any reason other than because of
such a failure.
``(III) Final verification or
nonverification received.--If a final
verification or nonverification is
provided by the verification system
regarding an individual, the person or
entity shall record on the form an
appropriate code that is provided under
the system and that indicates a
verification or nonverification of
identity and work eligibility of the
individual.
``(IV) Extension of time.--If the
person or other entity in good faith
attempts to make an inquiry during the
time period specified and the
verification system has registered that
not all inquiries were received during
such time, the person or entity may
make an inquiry in the first subsequent
working day in which the verification
system registers that it has received
all inquiries. If the verification
system cannot receive inquiries at all
times during a day, 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 inquiry, and does not
have to provide any additional proof
concerning such inquiry.
``(V) Consequences of
nonverification.--
``(aa) Termination or
notification of continued
employment.--If the person or
other entity has received a
final nonverification regarding
an individual, the person or
entity may terminate employment
of the individual (or decline
to recruit or refer the
individual). If the person or
entity does not terminate
employment of the individual or
proceeds to recruit or refer
the individual, the person or
entity shall notify the
Secretary of Homeland Security
of such fact through the
verification system or in such
other manner as the Secretary
may specify.
``(bb) Failure to notify.--
If the person or entity fails
to provide notice with respect
to an individual as required
under item (aa), the failure is
deemed to constitute a
violation of subsection
(a)(1)(A) with respect to that
individual.
``(VI) Continued employment after
final nonverification.--If the person
or other entity continues to employ (or
to recruit or refer) an individual
after receiving final nonverification,
a rebuttable presumption is created
that the person or entity has violated
subsection (a)(1)(A).
``(D) Continuation of seasonal agricultural
employment.--An individual shall not be considered a
new hire subject to verification under this paragraph
if the individual is engaged in seasonal agricultural
employment and is returning to work for an employer
that previously employed the individual.
``(E) Effective dates of new procedures.--
``(i) Hiring.--Except as provided in clause
(iii), the provisions of this paragraph shall
apply to a person or other entity hiring an
individual for employment in the United States
as follows:
``(I) With respect to employers
having 10,000 or more employees in the
United States on the date of the
enactment of the Legal Workforce Act,
on the date that is 6 months after the
date of the enactment of such Act.
``(II) With respect to employers
having 500 or more employees in the
United States, but less than 10,000
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 12
months after the date of the enactment
of such Act.
``(III) With respect to employers
having 20 or more employees in the
United States, but less than 500
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 18
months after the date of the enactment
of such Act.
``(IV) With respect to employers
having 1 or more employees in the
United States, but less than 20
employees in the United States, on the
date of the enactment of the Legal
Workforce Act, on the date that is 24
months after the date of the enactment
of such Act.
``(ii) Recruiting and referring.--Except as
provided in clause (iii), the provisions of
this paragraph shall apply to a person or other
entity recruiting or referring an individual
for employment in the United States on the date
that is 12 months after the date of the
enactment of the Legal Workforce Act.
``(iii) Agricultural labor or services.--
With respect to an employee performing
agricultural labor or services (as defined for
purposes of section 101(a)(15)(H)(ii)(a)), this
paragraph shall not apply with respect to the
verification of the employee until the date
that is 36 months after the date of the
enactment of the Legal Workforce Act. An
employee described in this clause shall not be
counted for purposes of clause (i).
``(iv) Transition rule.--Subject to
paragraph (4), the following shall apply to a
person or other entity hiring, recruiting, or
referring an individual for employment in the
United States until the effective date or dates
applicable under clauses (i) through (iii):
``(I) This subsection, as in effect
before the enactment of the Legal
Workforce Act.
``(II) Subtitle A of title IV of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 7(c) of
the Legal Workforce Act.
``(III) Any other provision of
Federal law requiring the person or
entity to participate in the E-Verify
Program described in section 403(a) of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 7(c) of
the Legal Workforce Act, including
Executive Order 13465 (8 U.S.C. 1324a
note; relating to Government
procurement).
``(F) Verification period defined.--
``(i) In general.--For purposes of this
paragraph:
``(I) In the case of recruitment or
referral, the term `verification
period' means the period ending on the
date recruiting or referring commences.
``(II) In the case of hiring, 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 3 business
days after the date of hiring. The
offer of employment may be conditioned
in accordance with clause (ii).
``(ii) 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 paragraph.
``(2) Reverification for individuals with limited work
authorization.--
``(A) In general.--Except as provided in
subparagraph (B), a person or entity shall make an
inquiry, as provided in subsection (d), using the
verification system to seek reverification of the
identity and employment eligibility of all individuals
with a limited period of work authorization employed by
the person or entity during the 30-day period ending on
the date the employee's work authorization expires as
follows:
``(i) With respect to employers having
10,000 or more employees in the United States
on the date of the enactment of the Legal
Workforce Act, beginning on the date that is 6
months after the date of the enactment of such
Act.
``(ii) With respect to employers having 500
or more employees in the United States, but
less than 10,000 employees in the United
States, on the date of the enactment of the
Legal Workforce Act, beginning on the date that
is 12 months after the date of the enactment of
such Act.
``(iii) With respect to employers having 20
or more employees in the United States, but
less than 500 employees in the United States,
on the date of the enactment of the Legal
Workforce Act, beginning on the date that is 18
months after the date of the enactment of such
Act.
``(iv) With respect to employers having 1
or more employees in the United States, but
less than 20 employees in the United States, on
the date of the enactment of the Legal
Workforce Act, beginning on the date that is 24
months after the date of the enactment of such
Act.
``(B) Agricultural labor or services.--With respect
to an employee performing agricultural labor or
services (as defined for purposes of section
101(a)(15)(H)(ii)(a)), subparagraph (A) shall not apply
with respect to the reverification of the employee
until the date that is 36 months after the date of the
enactment of the Legal Workforce Act. An employee
described in this subparagraph shall not be counted for
purposes of subparagraph (A).
``(C) Reverification.--Paragraph (1)(C)(ii) shall
apply to reverifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph in lieu of the verification form
under paragraph (1); and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Special Counsel for Immigration-
Related Unfair Employment Practices, or the
Department of Labor during the period beginning
on the date the reverification commences and
ending on the date that is the later of 3 years
after the date of such reverification or 1 year
after the date the individual's employment is
terminated.
``(D) Notice.--The Secretary of Homeland Security
shall notify a person or entity employing a person with
limited work authorization of the date on which the
limited work authorization expires.
``(3) Previously hired individuals.--
``(A) On a mandatory basis for certain employees.--
``(i) In general.--Not later than the date
that is 6 months after the date of the
enactment of the Legal Workforce Act, an
employer shall make an inquiry, as provided in
subsection (d), using the verification system
to seek verification of the identity and
employment eligibility of any individual
described in clause (ii) employed by the
employer whose employment eligibility has not
been verified under the E-Verify Program
described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note).
``(ii) Individuals described.--An
individual described in this clause is any of
the following:
``(I) An employee of any unit of a
Federal, State, or local government.
``(II) An employee who requires a
Federal security clearance working in a
Federal, State or local government
building, a military base, a nuclear
energy site, a weapons site, or an
airport or other facility that requires
workers to carry a Transportation
Worker Identification Credential
(TWIC).
``(III) An employee assigned to
perform work in the United States under
a Federal or State contract, except
that this subclause--
``(aa) is not applicable to
individuals who have a
clearance under Homeland
Security Presidential Directive
12 (HSPD 12 clearance), are
administrative or overhead
personnel, or are working
solely on contracts that
provide Commercial Off The
Shelf goods or services as set
forth by the Federal
Acquisition Regulatory Council,
unless they are subject to
verification under subclause
(II); and
``(bb) only applies to
contacts over the simple
acquisition threshold.
``(B) On a mandatory basis for multiple users of
same social security account number.--In the case of an
employer who is required by this subsection to use the
verification system described in subsection (d), or has
elected voluntarily to use such system, the employer
shall make inquiries to the system in accordance with
the following:
``(i) The Commissioner of Social Security
shall notify annually employees (at the
employee address listed on the Wage and Tax
Statement) who submit a social security account
number to which more than one employer reports
income and for which there is a pattern of
unusual multiple use. The notification letter
shall identify the number of employers to
which, and the States in 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 stolen. The
notice shall not share information protected as
private, in order to avoid any recipient of the
notice being in the position to further
identity theft.
``(ii) If the person to whom the social
security account number was issued by the
Social Security Administration has been
identified and confirmed by Commissioner, and
indicates that the social security account
number was used without their knowledge, the
Secretary and the Commissioner shall lock the
social security account number for employment
eligibility verification purposes and shall
notify the employers of the individuals who
wrongfully submitted the social security
account number that the employee may not be
work eligible.
``(iii) Each employer receiving such
notification of invalid social security account
number shall use the verification system
described in subsection (d) to check the work
eligibility status of the applicable employee
within 10 business days of receipt of the
notification of invalid social security account
number under clause (ii).
``(C) On a mandatory basis for certain mismatched
wage and tax statements.--
``(i) In general.--In the case of an
employer who is required by this subsection to
use the verification system described in
subsection (d), or has elected voluntarily to
use such system, and who receives a notice
described in clause (ii) identifying an
individual employee, the employer shall, not
later than 30 calendar days after receipt of
such notice, use the verification system
described in subsection (d) to verify the
employment eligibility of the employee in
accordance with the instructions in such notice
if the individual is still on the payroll of
the employer.
``(ii) Notice.--The Commissioner of Social
Security shall issue a notice to an employer
submitting one or more mismatched wage and tax
statements or corrected wage and tax statements
containing the following:
``(I) A description of the
mismatched information.
``(II) An explanation of the steps
that the employer is required to take
to correct the mismatched information.
``(III) An explanation of the
employment eligibility verification
requirement described in clause (i).
``(D) On a voluntary basis.--Subject to paragraph
(2), and subparagraphs (A) through (C) of this
paragraph, beginning on the date that is 30 days after
the date of the enactment of the Legal Workforce Act,
an employer may make an inquiry, as provided in
subsection (d), using the verification system to seek
verification of the identity and employment eligibility
of any individual employed by the employer. If an
employer chooses voluntarily to seek verification of
any individual employed by the employer, the employer
shall seek verification of all individuals so employed.
An employer's decision about whether or not voluntarily
to seek verification of its current workforce under
this subparagraph may not be considered by any
government agency in any proceeding, investigation, or
review provided for in this Act.
``(E) Verification.--Paragraph (1)(C)(ii) shall
apply to verifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph in lieu of the verification form
under paragraph (1); and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Special Counsel for Immigration-
Related Unfair Employment Practices, or the
Department of Labor during the period beginning
on the date the verification commences and
ending on the date that is the later of 3 years
after the date of such verification or 1 year
after the date the individual's employment is
terminated.
``(4) Early compliance.--
``(A) Former e-verify required users, including
federal contractors.--Notwithstanding the deadlines in
paragraphs (1) and (2), beginning on the earlier of the
date that is 6 months after the date of the enactment
of the Legal Workforce Act and the date on which the
Secretary implements the system under subsection (d),
the Secretary is authorized to commence requiring
employers required to participate in the E-Verify
Program described in section 403(a) of the Illegal
Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), including employers
required to participate in such program by reason of
Federal acquisition laws (and regulations promulgated
under those laws, including the Federal Acquisition
Regulation), to commence compliance with the
requirements of this subsection (and any additional
requirements of such Federal acquisition laws and
regulation) in lieu of any requirement to participate
in the E-Verify Program.
``(B) Former e-verify voluntary users and others
desiring early compliance.--Notwithstanding the
deadlines in paragraphs (1) and (2), beginning 30 days
after the date of the enactment of the Legal Workforce
Act, the Secretary shall provide for the voluntary
compliance with the requirements of this subsection by
employers voluntarily electing to participate in the E-
Verify Program described in section 403(a) of the
Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (8 U.S.C. 1324a note) before such date, as
well as by other employers seeking voluntary early
compliance.
``(5) Copying of documentation permitted.--Notwithstanding
any other provision of law, the person or entity may copy a
document presented by an individual pursuant to this subsection
and may retain the copy, but only (except as otherwise
permitted under law) for the purpose of complying with the
requirements of this subsection.
``(6) 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
form, may not be used for purposes other than for enforcement
of this Act and any other provision of Federal criminal law.
``(7) Good faith compliance.--
``(A) In general.--Except as otherwise provided in
this subsection, 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 requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the failure is not de minimus;
``(ii) the Secretary of Homeland Security
has explained to the person or entity the basis
for the failure and why it is not de minimus;
``(iii) the person or entity has been
provided a period of not less than 30 calendar
days (beginning after the date of the
explanation) within which to correct the
failure; and
``(iv) the person or entity has not
corrected the failure voluntarily within such
period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to a
person or entity that has or is engaging in a pattern
or practice of violations of subsection (a)(1)(A) or
(a)(2).''.
SEC. 3. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
Section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)) is amended to read as follows:
``(d) Employment Eligibility Verification System.--
``(1) In general.--Patterned on the employment eligibility
confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security
shall establish and administer a verification system through
which the Secretary (or a designee of the Secretary, which may
be a nongovernmental entity)--
``(A) responds to inquiries made by persons at any
time through a toll-free telephone line and other toll-
free electronic media concerning an individual's
identity and whether the individual is authorized to be
employed; and
``(B) maintains records of the inquiries that were
made, of verifications provided (or not provided), and
of the codes provided to inquirers as evidence of their
compliance with their obligations under this section.
``(2) Initial response.--The verification system shall
provide verification or a tentative nonverification of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing verification
or tentative nonverification, the verification system shall
provide an appropriate code indicating such verification or
such nonverification.
``(3) Secondary verification process in case of tentative
nonverification.--In cases of tentative nonverification, the
Secretary shall specify, in consultation with the Commissioner
of Social Security, an available secondary verification process
to confirm the validity of information provided and to provide
a final verification or nonverification within 10 working days
after the date of the tentative nonverification. When final
verification or nonverification is provided, the verification
system shall provide an appropriate code indicating such
verification or nonverification.
``(4) Design and operation of system.--The verification
system shall be designed and operated--
``(A) 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 information;
``(B) 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 received;
``(C) with appropriate administrative, technical,
and physical safeguards to prevent unauthorized
disclosure of personal information;
``(D) to have reasonable safeguards against the
system's resulting in unlawful discriminatory practices
based on national origin or citizenship status,
including--
``(i) the selective or unauthorized use of
the system to verify eligibility; or
``(ii) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional
verification will be required, beyond what is
required for most job applicants; and
``(E) to limit the subjects of verification to the
following individuals:
``(i) Individuals hired, referred, or
recruited, in accordance with paragraph (1) or
(4) of subsection (b).
``(ii) Employees and prospective employees,
in accordance with paragraph (2), (3), or (4)
of subsection (b).
``(iii) Individuals seeking to confirm
their own employment eligibility on a voluntary
basis.
``(5) Responsibilities of commissioner of social
security.--As part of the verification system, the Commissioner
of Social Security, in consultation with the Secretary of
Homeland Security (and any designee of the Secretary selected
to establish and administer the verification system), shall
establish a reliable, secure method, which, within the time
periods specified under paragraphs (2) and (3), compares the
name and social security account number provided in an inquiry
against such information maintained by the Commissioner in
order to validate (or not validate) the information provided
regarding an individual whose identity and employment
eligibility must be confirmed, the correspondence of the name
and number, and whether the individual has presented a social
security account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such verification or nonverification)
except as provided for in this section or section 205(c)(2)(I)
of the Social Security Act.
``(6) Responsibilities of secretary of homeland security.--
As part of the verification system, the Secretary of Homeland
Security (in consultation with any designee of the Secretary
selected to establish and administer the verification system),
shall establish a reliable, secure method, which, within the
time periods specified under paragraphs (2) and (3), compares
the name and alien identification or authorization number which
are provided in an inquiry against such information maintained
by the Secretary in order to validate (or not validate) the
information provided, the correspondence of the name and
number, and whether the alien is authorized to be employed in
the United States.
``(7) Offenses.--
``(A) In general.--Any person or entity that, in
making an inquiry under subsection (b)(1)(C)(i)(II),
provides to the verification system a social security
account number or an identification or authorization
number established by the Secretary of Homeland
Security that belongs to a person other than the
individual whose identity and employment authorization
are being verified, knowing that the number does not
belong to the individual whose identity and employment
authorization are being verified, shall be fined under
title 18, United States Code, imprisoned not less than
1 year and not more than 15 years, or both. If the
person or entity, in making an inquiry under subsection
(b)(1)(C)(i)(II), during and in relation to any felony
violation enumerated in section 1028A(c) of title 18,
United States Code, provides to the verification system
a social security account number or an identification
or authorization number established by the Secretary of
Homeland Security that belongs to a person other than
the individual whose identity and employment
authorization are being verified, knowing that the
number does not belong to the individual whose identity
and work authorization are being verified, in addition
to the punishment provided for such felony, shall be
fined under title 18, United States Code, imprisoned
for a term of 2 years, or both.
``(B) Consecutive sentence.--Notwithstanding any
other provision of law--
``(i) a court shall not place on probation
any person or entity convicted of a violation
of this paragraph;
``(ii) except as provided in clause (iv),
no term of imprisonment imposed on a person or
entity under this section shall run
concurrently with any other term of
imprisonment imposed on the person or entity
under any other provision of law, including any
term of imprisonment imposed for the felony
enumerated in section 1028A(c) of title 18,
United States Code, during which the violation
of this paragraph occurred;
``(iii) in determining any term of
imprisonment to be imposed for the felony
enumerated in section 1028A(c) of title 18,
United States Code, during which the violation
of this section occurred, a court shall not in
any way reduce the term to be imposed for such
crime so as to compensate for, or otherwise
take into account, any separate term of
imprisonment imposed or to be imposed for a
violation of this paragraph; and
``(iv) a term of imprisonment imposed on a
person or entity for a violation of this
paragraph may, in the discretion of the court,
run concurrently, in whole or in part, only
with another term of imprisonment that is
imposed by the court at the same time on that
person or entity for an additional violation of
this paragraph, except that such discretion
shall be exercised in accordance with any
applicable guidelines and policy statements
issued by the United States Sentencing
Commission pursuant to section 994 of title 28,
United States Code.
``(8) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall update
their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt correction
of erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in paragraph (3).
``(9) Limitation on use of the verification system and any
related systems.--
``(A) In general.--Notwithstanding any other
provision of law, nothing in this section shall be
construed to permit or allow any department, bureau, or
other agency of the United States Government to utilize
any information, data base, or other records assembled
under this subsection for any other purpose other than
as provided for under this section.
``(B) No national identification card.--Nothing in
this section shall be construed to authorize, directly
or indirectly, the issuance or use of national
identification cards or the establishment of a national
identification card.
``(10) Remedies.--If an individual alleges that the
individual would not have been dismissed from a job but for an
error of the verification mechanism, the individual may seek
compensation only through the mechanism of the Federal Tort
Claims Act, and injunctive relief to correct such error. No
class action may be brought under this paragraph.''.
SEC. 4. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.
(a) Additional Changes to Rules for Recruitment, Referral, and
Continuation of Employment.--Section 274A(a) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)) is amended--
(1) in paragraph (1)(A), by striking ``for a fee'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) to hire, continue to employ, or to recruit or
refer for employment in the United States an individual
without complying with the requirements of subsection
(b).'';
(3) in paragraph (2), by striking ``after hiring an alien
for employment in accordance with paragraph (1),'' and
inserting ``after complying with paragraph (1),''; and
(4) in paragraph (3), by striking ``hiring,'' and inserting
``hiring, employing,'' each place it appears.
(b) Definition.--Section 274A(h) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following:
``(4) Definition of recruit or refer.--As used in this
section, the term `refer' means the act of sending or directing
a person or transmitting documentation or information to
another, directly or indirectly, with the intent of obtaining
employment in the United States for such person. Only persons
or entities referring for remuneration (whether on a retainer
or contingency basis) are included in the definition, except
that union hiring halls that refer union members or nonunion
individuals who pay union membership dues are included in the
definition whether or not they receive remuneration, as are
labor service entities or labor service agencies, whether
public, private, for-profit, or nonprofit, that refer,
dispatch, or otherwise facilitate the hiring of laborers for
any period of time by a third party. As used in this section
the term `recruit' means the act of soliciting a person,
directly or indirectly, and referring the person to another
with the intent of obtaining employment for that person. Only
persons or entities referring for remuneration (whether on a
retainer or contingency basis) are included in the definition,
except that union hiring halls that refer union members or
nonunion individuals who pay union membership dues are included
in this definition whether or not they receive remuneration, as
are labor service entities or labor service agencies, whether
public, private, for-profit, or nonprofit that recruit,
dispatch, or otherwise facilitate the hiring of laborers for
any period of time by a third party.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act, except that the amendments made by subsection (a) shall take
effect 6 months after the date of the enactment of this Act insofar as
such amendments relate to continuation of employment.
SEC. 5. GOOD FAITH DEFENSE.
Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(3)) is amended to read as follows:
``(3) Good faith defense.--
``(A) Defense.--An employer (or person or entity
that hires, employs, recruits or refers for fee, or is
otherwise obligated to comply with this section) who
establishes that it has complied in good faith with the
requirements of subsection (b)--
``(i) shall not be liable to a job
applicant, an employee, the Federal Government,
or a State or local government, under Federal,
State, 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 (d); and
``(ii) has established compliance with its
obligations under subparagraphs (A) and (B) of
paragraph (1) and subsection (b) absent a
showing by the Secretary of Homeland Security,
by clear and convincing evidence, that the
employer had knowledge that an employee is an
unauthorized alien.
``(B) Failure to seek and obtain verification.--
Subject to the effective dates and other deadlines
applicable under subsection (b), in the case of a
person or entity in the United States that hires, or
continues to employ, an individual, or recruits or
refers an individual for employment, the following
requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or
entity has not made an inquiry, under
the mechanism established under
subsection (d) and in accordance with
the timeframes established under
subsection (b), seeking verification of
the identity and work eligibility of
the individual, the defense under
subparagraph (A) shall not be
considered to apply with respect to any
employment, except as provided in
subclause (II).
``(II) 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 (A)
and the verification mechanism has
registered that not all inquiries were
responded to during the relevant time,
the person or entity can make an
inquiry until the end of the first
subsequent working day in which the
verification mechanism registers no
nonresponses and qualify for such
defense.
``(ii) Failure to obtain verification.--If
the person or entity has made the inquiry
described in clause (i)(I) but has not received
an appropriate verification of such identity
and work eligibility under such mechanism
within the time period specified under
subsection (d)(2) after the time the
verification inquiry was received, the defense
under subparagraph (A) shall not be considered
to apply with respect to any employment after
the end of such time period.''.
SEC. 6. PREEMPTION.
Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(2)) is amended to read as follows:
``(2) Preemption.--The provisions of this section preempt
any State or local law, ordinance, policy, or rule, including
any criminal or civil fine or penalty structure, insofar as
they may now or hereafter relate to the hiring, continued
employment, or status verification for employment eligibility
purposes, of unauthorized aliens. A State, locality,
municipality, or political subdivision may exercise its
authority over business licensing and similar laws as a penalty
for failure to use the verification system described in
subsection (d) to verify employment eligibility when and as
required under subsection (b).''.
SEC. 7. REPEAL.
(a) In General.--Subtitle A of title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1234a note)
is repealed.
(b) References.--Any reference in any Federal law, Executive order,
rule, regulation, or delegation of authority, or any document of, or
pertaining to, the Department of Homeland Security or the Social
Security Administration, to the employment eligibility confirmation
system established under section 404 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is
deemed to refer to the employment eligibility confirmation system
established under section 274A(d) of the Immigration and Nationality
Act, as amended by section 3 of this Act.
(c) Effective Date.--This section shall take effect on the date
that is 36 months after the date of the enactment of this Act.
SEC. 8. PENALTIES.
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended--
(1) in subsection (e)(4)--
(A) in subparagraph (A), in the matter before
clause (i), by inserting ``, subject to paragraph
(10),'' after ``in an amount'';
(B) in subparagraph (A)(i), by striking ``not less
than $250 and not more than $2,000'' and inserting
``not less than $2,500 and not more than $5,000'';
(C) in subparagraph (A)(ii), by striking ``not less
than $2,000 and not more than $5,000'' and inserting
``not less than $5,000 and not more than $10,000'';
(D) in subparagraph (A)(iii), by striking ``not
less than $3,000 and not more than $10,000'' and
inserting ``not less than $10,000 and not more than
$25,000''; and
(E) by amending subparagraph (B) to read as
follows:
``(B) may require the person or entity to take such
other remedial action as is appropriate.'';
(2) in subsection (e)(5)--
(A) in the paragraph heading, strike ``paperwork'';
(B) by inserting ``, subject to paragraphs (10)
through (12),'' after ``in an amount'';
(C) by striking ``$100'' and inserting ``$1,000'';
(D) by striking ``$1,000'' and inserting
``$25,000'';
(E) by adding at the end the following: ``Failure
by a person or entity to utilize the employment
eligibility verification system as required by law, or
providing information to the system that the person or
entity knows or reasonably believes to be false, shall
be treated as a violation of subsection (a)(1)(A).'';
(3) by adding at the end of subsection (e) the following:
``(10) Exemption from penalty for good faith violation.--In
the case of imposition of a civil penalty under paragraph
(4)(A) with respect to a violation of subsection (a)(1)(A) or
(a)(2) for hiring or continuation of employment or recruitment
or referral by person or entity and in the case of imposition
of a civil penalty under paragraph (5) for a violation of
subsection (a)(1)(B) for hiring or recruitment or referral by a
person or entity, the penalty otherwise imposed may be waived
or reduced if the violator establishes that the violator acted
in good faith.
``(11) Authority to debar employers for certain
violations.--
``(A) In general.--If a person or entity is
determined by the Secretary of Homeland Security to be
a repeat violator of paragraph (1)(A) or (2) of
subsection (a), or is convicted of a crime under this
section, such person or entity may be considered for
debarment from the receipt of Federal contracts,
grants, or cooperative agreements in accordance with
the debarment standards and pursuant to the debarment
procedures set forth in the Federal Acquisition
Regulation.
``(B) Does not have contract, grant, agreement.--If
the Secretary of Homeland Security or the Attorney
General wishes to have a person or entity considered
for debarment in accordance with this paragraph, and
such an person or entity does not hold a Federal
contract, grant or cooperative agreement, the Secretary
or Attorney General shall refer the matter to the
Administrator of General Services to determine whether
to list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(C) Has contract, grant, agreement.--If the
Secretary of Homeland Security or the Attorney General
wishes to have a person or entity considered for
debarment in accordance with this paragraph, and such
person or entity holds a Federal contract, grant or
cooperative agreement, the Secretary or Attorney
General shall advise all agencies or departments
holding a contract, grant, or cooperative agreement
with the person or entity of the Government's interest
in having the person or entity considered for
debarment, and after soliciting and considering the
views of all such agencies and departments, the
Secretary or Attorney General may refer the matter to
any appropriate lead agency to determine whether to
list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(D) Review.--Any decision to debar a person or
entity under in accordance with this paragraph shall be
reviewable pursuant to part 9.4 of the Federal
Acquisition Regulation.'';
(4) by amending paragraph (1) of subsection (f) to read as
follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a)(1) or
(2) shall be fined not more than $15,000 for each unauthorized
alien with respect to which such a violation occurs, imprisoned
for not less than one year and not more than 10 years, or both,
notwithstanding the provisions of any other Federal law
relating to fine levels.''; and
(5) in subsection (f)(2), by striking ``Attorney General''
each place it appears and inserting ``Secretary of Homeland
Security''.
SEC. 9. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement.--Effective for fiscal years beginning
on or after October 1, 2012, the Commissioner of Social Security and
the Secretary of Homeland Security shall enter into and maintain an
agreement which shall--
(1) provide funds to the Commissioner for the full costs of
the responsibilities of the Commissioner under section 274A(d)
of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as
amended by section 3 of this Act, including (but not limited
to)--
(A) acquiring, installing, and maintaining
technological equipment and systems necessary for the
fulfillment of the responsibilities of the Commissioner
under such section 274A(d), but only that portion of
such costs that are attributable exclusively to such
responsibilities; and
(B) responding to individuals who contest a
tentative nonconfirmation provided by the employment
eligibility verification system established under such
section;
(2) provide such funds quarterly in advance of the
applicable quarter based on estimating methodology agreed to by
the Commissioner and the Secretary (except in such instances
where the delayed enactment of an annual appropriation may
preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Office of Inspector
General of the Social Security Administration and the
Department of Homeland Security.
(b) Continuation of Employment Verification in Absence of Timely
Agreement.--In any case in which the agreement required under
subsection (a) for any fiscal year beginning on or after October 1,
2012, has not been reached as of October 1 of such fiscal year, the
latest agreement between the Commissioner and the Secretary of Homeland
Security providing for funding to cover the costs of the
responsibilities of the Commissioner under section 274A(d) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in
effect on an interim basis for such fiscal year until such time as an
agreement required under subsection (a) is subsequently reached, except
that the terms of such interim agreement shall be modified by the
Director of the Office of Management and Budget to adjust for inflation
and any increase or decrease in the volume of requests under the
employment eligibility verification system. In any case in which an
interim agreement applies for any fiscal year under this subsection,
the Commissioner and the Secretary shall, not later than October 1 of
such fiscal year, notify the Committee on Ways and Means, the Committee
on the Judiciary, and the Committee on Appropriations of the House of
Representatives and the Committee on Finance, the Committee on the
Judiciary, and the Committee on Appropriations of the Senate of the
failure to reach the agreement required under subsection (a) for such
fiscal year. Until such time as the agreement required under subsection
(a) has been reached for such fiscal year, the Commissioner and the
Secretary shall, not later than the end of each 90-day period after
October 1 of such fiscal year, notify such Committees of the status of
negotiations between the Commissioner and the Secretary in order to
reach such an agreement.
SEC. 10. FRAUD PREVENTION.
(a) Blocking Misused Social Security Account Numbers.--The
Secretary of Homeland Security and the Commissioner of Social Security
shall establish a program in which social security account numbers that
have been identified to be subject to unusual multiple use in the
employment eligibility verification system established under section
274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as
amended by section 3 of this Act, or that are otherwise suspected or
determined to have been compromised by identity fraud or other misuse,
shall be blocked from use for such system purposes unless the
individual using such number is able to establish, through secure and
fair additional security procedures, that the individual is the
legitimate holder of the number.
(b) Allowing Suspension of Use of Certain Social Security Account
Numbers.--The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which victims of identity fraud
and other individuals may suspend or limit the use of their social
security account number or other identifying information for purposes
of the employment eligibility verification system established under
section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by section 3 of this Act. The Secretary may
implement the program on a limited pilot program basis before making it
fully available to all individuals.
(c) Blocking Use of Certain Social Security Account Numbers.--
(1) In general.--The Secretary of Homeland Security shall
establish a program in which the social security account
numbers of an alien described in paragraph (2) shall be blocked
from use for purposes of the employment eligibility
verification system established under section 274A(d) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended
by section 3 of this Act, unless the alien is subsequently
admitted lawfully to the United States in, or the Secretary has
subsequently changed the alien's status lawfully to, a status
that permits employment as a condition of the alien's admission
or subsequent change of status, or the Secretary has
subsequently granted work authorization lawfully to the alien.
(2) Aliens described.--An alien is described in this
paragraph if the alien--
(A) has a final order of removal from the United
States;
(B) voluntarily departs the United States;
(C) is voluntarily returned; or
(D) is a nonimmigrant described in section
101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) whose work authorization has
expired and who is not the subject of an application or
petition that would authorize the alien's employment.
SEC. 11. BIOMETRIC EMPLOYMENT ELIGIBILITY VERIFICATION PILOT PROGRAM.
(a) In General.--Not later than 18 months after the date of the
enactment of the Legal Workforce Act, the Secretary of Homeland
Security, after consultation with the Commissioner of Social Security
and the Director of the National Institute of Standards and Technology,
shall establish by regulation a Biometric Employment Eligibility
Verification pilot program (the ``Biometric Pilot''). The purpose of
the Biometric Pilot shall be to provide for identity authentication and
employment eligibility verification with respect to enrolled new
employees which shall be available to subject employers who elect to
participate in the Biometric Pilot. Any subject employer may cancel the
employer's participation in the Biometric Pilot after one year after
electing to participate without prejudice to future participation.
(b) Minimum Requirements.--In accordance with the regulations
prescribed by the Secretary pursuant to subsection (a), the following
shall apply:
(1) Identity authentication and employment eligibility
verification by enrollment providers.--The Biometric Pilot
shall utilize the services of private sector entities
(``enrollment providers''), with appropriate expertise, which
shall be subject to initial and periodic certification by the
Secretary, to provide--
(A) enrollment under the Biometric Pilot of new
employees by means of identity authentication in a
manner that provides a high level of certainty as to
their true identities, using immigration and
identifying information maintained by the Social
Security Administration and the Department of Homeland
Security, review of identity documents, and background
screening verification techniques using publicly
available information;
(B) protection of the authenticated information
through biometric technology; and
(C) verification of employment eligibility of such
new employees.
(2) Database management.--The Biometric Pilot shall provide
for databases of identifying information which may be retained
by the enrollment providers. Databases controlled by the
Commissioner and Secretary of Homeland Security shall be
maintained in a manner to capture new entries and new status
information in a timely manner and to interact with the private
enrollment databases to keep employment authorization status
and identifying information current on a daily basis. The
information maintained in such databases shall be subject to
the requirements established pursuant to subsection (e), except
that--
(A) use of the data shall be limited to obtaining
employment eligibility verification only, unless the
new employee consents to use the data for other
purposes, as provided in regulations prescribed by the
Secretary; and
(B) other identifying traits of the new employees
shall be stored through an encoding process that keeps
their accurate names, dates of birth, social security
numbers, and immigration identification numbers (if
any) separate, except during electronic verification.
(3) Accessibility to employers.--Availability of data
maintained in the Biometric Pilot shall be managed so that any
subject employer who participates in the Biometric Pilot can
obtain verification with respect to any new employee enrolled
with any enrollment provider serving in the Biometric Pilot.
(4) Limitations relating to biometric data.--Any biometric
data maintained in the Biometric Pilot relating to any new
employee shall be--
(A) encrypted and segregated from identifying
information relating to the new employee, and
(B) maintained and linked to identifying
information relating to the new employee only by
consent of the new employee for the purpose of
verifying employment eligibility or approved correction
processes or for other purposes specifically authorized
by the employee as provided in regulations prescribed
by the Secretary.
(5) Accuracy of association of data with enrolled new
employees.--The enrollment process under the Biometric Pilot
shall be managed, in the case of each new employee enrolled in
the Biometric Pilot, so as to result in the accurate
association of data consisting of name, date of birth, social
security number, and immigration identification number (if any)
with the established identity of the new employee.
(6) Limitations on accessibility of information.--Data
stored in Biometric Pilot relating to any enrolled new employee
shall not be accessible to any person other than those
operating the Biometric Pilot and for the sole purpose of
identity authentication and employment eligibility verification
in connection with the new employee, except--
(A) by the written consent of the new employee
given specifically for each instance or category of
disclosure for any other purpose as provided in
regulations prescribed by the Secretary; or
(B) in response to a warrant issued by a judicial
authority of competent jurisdiction in a criminal
proceeding.
(7) Public education.--The Secretary shall conduct a
program of ongoing, comprehensive public education campaign
relating to the Biometric Pilot.
(c) Employer Responsibilities.--In accordance with the regulations
prescribed by the Secretary pursuant to subsection (a), the following
shall apply:
(1) Use limited to enrolled new employees.--Use of the
Biometric Pilot by subject employers participating in the
Biometric Pilot shall be limited to use in connection with the
hiring of new employees occurring after their enrollment in the
Biometric Pilot.
(2) Use for limited period.--Use of the Biometric Pilot by
any subject employer participating in the Biometric Pilot in
connection with any new employee may occur only during the
period beginning on the date of hire and ending at the end of
the third business day after the employee has reported for
duty. Use of the Biometric Pilot with respect to recruitment or
referral for a fee may occur only until the first day of such
recruitment or referral.
(3) Responsibility of employers to enroll new employees.--
In connection with the hiring by any subject employer of a new
employee who has not been previously enrolled in the Biometric
Pilot, enrollment of the new employee shall occur only upon
application by the subject employer submitted to an enrollment
provider, together with payment of any costs associated with
the enrollment.
(4) Limitations on selective use.--No subject employer may
use the Biometric Pilot selectively to verify any class, level,
or category of new employees. Nothing in this subparagraph
shall be construed to preclude subject employers from utilizing
the Biometric Pilot in connection with hiring at selected
employment locations without implementing such usage at all
locations of the employer.
(d) Employee Protections.--In accordance with the regulations
prescribed by the Secretary pursuant to subsection (a), the following
shall apply:
(1) Access for employees to correct and update
information.--Employees enrolled in the Biometric Pilot shall
be provided access to the Biometric Pilot to verify information
relating to their employment authorization and readily
available processes to correct and update their enrollment
information and information relating to employment
authorization.
(2) Right to cancel enrollment.--Each employee enrolled in
the Biometric Pilot shall have the right to cancel such
employee's enrollment at any time after the identity
authentication and employment eligibility verification
processes are completed by the subject employer described in
subsection (c)(3). Such cancellation shall remove from the
Biometric Pilot all identifying information and biometrics in
connection with such employee without prejudice to future
enrollments.
(e) Maintenance of Security and Confidentiality of Information.--
(1) In general.--Every person who is a subject employer
participating in the Biometric Pilot or an officer or
contractor of such a subject employer and who has access to any
information obtained at any time from the Department of
Homeland Security shall maintain the security and
confidentiality of such information. No such person may
disclose any file, record, report, paper, or other item
containing information so obtained at any time by any such
person from the Secretary or from any officer or employee of
the Department of Homeland Security except as the Secretary may
by regulations prescribe or as otherwise provided by Federal
law.
(2) Penalty for disclosure in violation of subparagraph
(a).--Any person described in paragraph (1) who knowingly
violates paragraph (1) shall be guilty of a felony and, upon
conviction thereof, shall be punished by a fine not exceeding
$10,000 for each occurrence of a violation, or by imprisonment
not exceeding 5 years, or both.
(3) Penalty for knowing disclosure of fraudulent
information.--Any person who willfully and knowingly accesses,
discloses, or uses any information which such person purports
to be information obtained as described in paragraph (1)
knowing such information to be false shall be guilty of a
felony and, upon conviction thereof, shall be punished by a
fine not exceeding $10,000 for each occurrence of a violation,
or by imprisonment not exceeding 5 years, or both.
(4) Restitution.--
(A) In general.--Any Federal court, when sentencing
a defendant convicted of an offense under this
paragraph, may order, in addition to or in lieu of any
other penalty authorized by law, that the defendant
make restitution to the victims of such offense
specified in subparagraph (B). Sections 3612, 3663, and
3664 of title 18, United States Code, shall apply with
respect to the issuance and enforcement of orders of
restitution to victims of such offense under this
subparagraph. If the court does not order restitution,
or orders only partial restitution, under this
subsection, the court shall state on the record the
reasons therefor.
(B) Victims specified.--The victims specified in
this clause are the following:
(i) Any individual who suffers a financial
loss as a result of the disclosure described in
paragraph (2) or (3).
(ii) The Secretary of Homeland Security, to
the extent that the disclosure described in
paragraph (2) or (3) results in the
inappropriate payment of a benefit by the
Commissioner of Social Security.
(C) Deposit in the trust funds of amounts paid as
restitution to the commissioner.--Funds paid to the
Commissioner as restitution pursuant to a court order
under this subparagraph shall be deposited in the
Federal Old-Age and Survivors Insurance Trust Fund or
the Federal Disability Insurance Trust Fund, as
appropriate.
<all>
Introduced in House
Introduced in House
Referred to the Subcommittee on Immigration Policy and Enforcement.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Subcommittee Hearings Held.
Referred to the Subcommittee on Social Security.
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