Sec. 201. Employment verification

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A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

Section 274A ( 8 U.S.C. 1324a ) is amended to read as follows: It is unlawful for an employer— to hire, recruit, or refer for a fee an alien for employment in the United States knowing or with reckless disregard that the alien is an unauthorized alien with respect to such employment; or to hire in the United States an individual unless such employer meets the requirements of subsections

(b)and (c). It is unlawful for an employer, after lawfully hiring an alien for employment, to continue to employ the alien in the United States knowing that the alien is (or has become) an unauthorized alien with respect to such employment. An employer who uses a contract, subcontract, or exchange entered into, renegotiated, or extended after the date of the enactment of this Act to obtain the labor of an alien in the United States knowing or with reckless disregard that the alien is an unauthorized alien with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A). For purposes of this section, if— an individual is a member of a collective bargaining unit and is employed, under a collective bargaining agreement entered into between one or more employee organizations and an association of two or more employers, by an employer that is a member of such association; and within the period specified in subparagraph (B), another employer that is a member of the association (or an agent of such association on behalf of the employer) has complied with the requirements of subsection

(b)of this section with respect to the employment of the individual, the subsequent employer shall be deemed to have complied with the requirements of subsection

(b)of this section with respect to the hiring of the employee and shall not be liable for civil penalties described in subsection (d)(4) of this section. The period described in this subparagraph is 3 years, or, if less, the period of time that the individual is authorized to be employed in the United States. If any employer that is a member of an association hires for employment in the United States an individual and relies upon the provisions of subparagraph

(A)to comply with the requirements of subsection

(b)of this section and the individual is an alien not authorized to work in the United States, then for the purposes of paragraph (1)(A), subject to clause (ii), the employer shall be presumed to have known at the time of hiring or afterward that the individual was an alien not authorized to work in the United States. The presumption established by clause

(i)may be rebutted by the employer only through the presentation of clear and convincing evidence that the employer did not know (and could not reasonably have known) that the individual at the time of hiring or afterward was an alien not authorized to work in the United States. Clause

(i)shall not apply in any prosecution under subsection (e)(1) of this section. If the Secretary has reasonable cause to believe that an employer has failed to comply with this section, the Secretary is authorized, at any time, to require that the employer certify that the employer is in compliance with this section or has instituted a program to come into compliance with the section. Not later than 60 days after the date an employer receives a request for a certification under subparagraph

(A)the employer shall certify under penalty of perjury that— the employer is in compliance with the requirements of subsections

(b)and (c); or that the employer has instituted a program to come into compliance with such requirements. The 60-day period referred to in subparagraph (B), may be extended by the Secretary for good cause, at the request of the employer. The Secretary is authorized to publish in the Federal Register standards or methods for certification under subparagraph

(A)and for specific recordkeeping practices with respect to such certification, and procedures for the audit of any records related to such certification. Subject to subparagraph (B), an employer that establishes that the employer has complied in good faith, notwithstanding a technical or procedural failure, with the requirements of subsections

(b)and

(c)with respect to the hiring of an individual has established an affirmative defense that the employer has not violated paragraph (1)(B) with respect to such hiring. Until the date that an employer is required to participate in the Electronic Employment Verification System under subsection (c), the employer may establish an affirmative defense under subparagraph

(A)without a showing of compliance with subsection (c). Nothing in this title may be construed to authorize, directly or indirectly, the issuance, use, or establishment of a national identification card or a national identification system. An employer hiring an individual for employment in the United States shall verify that the individual is eligible for such employment by meeting the following requirements: The employer shall attest, under penalty of perjury and on a form prescribed by the Secretary, that the employer has verified the identity and eligibility for employment of the individual by examining an original, unexpired document or documents described in section 274a.2(b)(1)(v) of title 8, Code of Federal Regulations as evidence of the individual’s employment authorization and identity. An attestation required by clause

(i)may be manifested by a handwritten or electronic signature. An employer has complied with the requirement of this paragraph with respect to examination of a document if the document examined reasonably appears on its face to be genuine and relates to the individual whose identity and eligibility for employment in the United States is being verified. Nothing in this paragraph may be construed as requiring the employer to solicit the production of any other document or as requiring the individual to produce such other document. If the Secretary finds that a document or class of documents described in subparagraph (A)(i) is not reliable to establish identity or eligibility for employment (as the case may be) or is being used fraudulently to an unacceptable degree, the Secretary is authorized to prohibit, or impose conditions on, the use of such document or class of documents for purposes of this subsection. The Secretary shall publish notice of any findings under clause

(i)in the Federal Register. The individual shall attest, under penalty of perjury on a form prescribed by the Secretary, that the individual is— a 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 to be employed in the United States. An attestation required by subparagraph

(A)may be manifested by a handwritten or electronic signature. An individual who falsely attests that he or she is eligible for employment in the United States shall be subject to the terms and penalties regarding document fraud described in section 274C of the Immigration and Nationality Act. An employer shall accept a receipt for the application for a replacement document or a document described in subparagraph

(B)of subsection (b)(1) in lieu of the required document in order to comply with any requirement to examine documentation imposed by this section, in the following circumstances: The individual is unable to provide the required document within the time specified in this section because the document was lost, stolen, or damaged. The individual presents a receipt for the application for the document within the time specified in this section. The individual presents the document within 90 days of the hire. If the actual document or replacement document is to be issued by the United States Citizenship and Immigration Services and the application is still under review 60 days after receipt of the application, United States Citizenship and Immigration Services shall, not later than the 60th day after receipt of the application, issue a letter for the applicant to take to the employer which shall automatically grant the individual an additional 90 days from the original deadline in subsection (b)(6)(A)(i)(II) to present the document or replacement document. An employer may not accept a receipt in lieu of the required document if the individual is hired for a duration of less than 10 working days. The System described in subsection

(c)shall include an auto-save feature allowing the employer to retain an electronic version of an attestation submitted under paragraph

(1)or

(2)for an individual and a record of any action taken, and copies of any correspondence written or received, with respect to the verification of an individual’s identity or eligibility for employment in the United States, including records received through the Electronic Employment Verification System under subsection (c). The employer shall retain such records, either in electronic, paper, microfiche, or microfilm form, and make such attestations available for inspection by an officer of the Department of Homeland Security, any other person designated by the Secretary, the Special Counsel for Immigration-Related Unfair Employment Practices of the Department of Justice, or the Secretary of Labor— during a period beginning on the date of the hiring of the individual and ending on the date that is the later of— 3 years after the date of such hiring; or 1 year after the date the individual’s employment is terminated; or during a shorter period determined by the Secretary, if the Secretary reduces the period described in subparagraph

(A)for the employer or a class of employers that includes the employer. An employer shall use copies retained under clause

(i)or

(ii)of subparagraph

(A)only for the purposes of complying with the requirements of this subsection, except as otherwise permitted under law. An employer that fails to comply with the requirement of this subsection shall be subject to the penalties described in subsection (d)(4)(B). The Secretary, in cooperation with the Commissioner of Social Security, shall implement an Electronic Employment Verification System (referred to in this subsection as the System ) as described in this subsection. The Secretary, based upon recommendations from the Director of the National Institute of Standards and Technology, shall not later than 180 days after the date of the enactment of the this Act develop and certify a technology standard as described in this subparagraph. The Secretary shall have discretion to extend the 180-day period if the Secretary determines that such extension will result in substantial improvement of the System. Notwithstanding any other provision of Federal law, the technology standard developed shall be the technological basis for a secure cross-agency, cross-platform electronic system that is a cost-effective, efficient, fully integrated means to share immigration and Social Security information necessary to confirm the employment eligibility of all individuals seeking employment while protecting individual privacy. Not later than 18 months after the date of the enactment of this Act, the Secretary and the Director of the National Institute of Standards and Technology shall jointly submit to Congress a report describing the development, implementation, efficacy, and privacy implications of the technology standard and the System. An employer shall verify the identity and eligibility for employment of an individual hired by the employer through the System as follows: The employer shall submit through the Internet or other electronic media, or over a telephone line an inquiry through the System to seek confirmation of the individual’s identity and eligibility for employment in the United States not earlier than on the first day such employment actually commences and not later than 5 working days after the date such employment actually commences. The Secretary, through the System, shall confirm or tentatively nonconfirm an individual’s identity and eligibility for employment in the United States not later than 1 working day after an employer submits an inquiry regarding the employee. If the System provides a tentative nonconfirmation with respect to an individual under clause (i), the Secretary and/or Commissioner shall complete a secondary manual verification not later than 6 working days after such tentative nonconfirmation is made. Not later than 10 days after the employer submits an inquiry under subparagraph

(A)the Secretary, through the System, shall provide to the employer the results of the verification required by clause

(i)and (ii). Such results shall be a determination that— confirms the individual’s identity and eligibility for employment in the United States; or the System is tentatively unable to confirm the individual’s identity or eligibility for employment (referred to in this section as a tentative nonconfirmation ). An individual who is the subject of a tentative nonconfirmation may submit to the Secretary or Commissioner, through the System, information to confirm such individual’s identity or eligibility for employment or to otherwise contest such tentative nonconfirmation not later than 15 working days after the individual receives notice of such tentative nonconfirmation. The 15-day period referred to in subparagraph

(B)may be extended by the Secretary for good cause at the request of the individual. An employer may not terminate the employment of an individual based on tentative nonconfirmation. Not later than 10 days after the individual contests such tentative nonconfirmation or, in the case of an individual who fails to contest such tentative nonconfirmation, not later than 25 days after the date of the initial tentative nonconfirmation, the Secretary shall provide, through the system to the employer the results of the verification. Such results shall be a determination that— confirms the individual’s identity and eligibility for employment in the United States; or the System is unable to confirm the individual’s identity or eligibility for employment (referred to in this section as a final nonconfirmation ). If the Secretary, through the System, provides a final nonconfirmation with respect to an individual, the individual shall have the right to administrative review under paragraph

(21)and judicial review under paragraph

(22)of such final nonconfirmation. If an employer receives a final nonconfirmation with respect to an individual under paragraph (E), the employer shall terminate the employment of such individual after the conclusion of the 30-day period for the individual to file an administrative appeal as described in paragraph (21), unless the Secretary or the Commissioner stays the final nonconfirmation notice pending the resolution of the administrative appeal or judicial review. The Secretary, in consultation with the Commissioner of Social Security, shall establish procedures to permit an individual to verify the individual’s eligibility for employment in the United States prior to obtaining or changing employment, to view the individual’s own records in the System in order to ensure the accuracy of such records, and to correct or update the information used by the System regarding the individual. To the greatest practicable extent such procedures shall allow electronic submission of such information. The Secretary, in consultation with the Commissioner of Social Security, shall establish procedures for an Enhanced Verification System under paragraph

(25)through which an individual who has viewed the individual’s own record may electronically block he use of the individual’s social security number and may register a phone number or e-mail address to be contacted upon removal of the block under the System and remove such block in order to prevent the fraudulent or other misuse of a social security account number, prevent employer misuse of the system, protect privacy, and limit erroneous non-confirmations during employment verification. It is an unfair immigration-related employment practice under section 274B for an employer to reverify an individual’s identity and employment eligibility unless— the individual’s work authorization expires as described in section 274a.2(b)(1)(vii) of title 8, Code of Federal Regulations or a subsequent similar regulation, in which case— not later than 30 days prior to the expiration of the individual’s work authorization, the Secretary shall notify the employer of such expiration and of the employer’s need to reverify the individual’s employment eligibility; and the individual may present, and the employer shall accept, a receipt for the application for a replacement document, extension of work authorization, or a document described in clause

(i)through

(v)of subparagraph

(B)of subsection (b)(1) in lieu of the required document by the expiration date in order to comply with any requirement to examine documentation imposed by this section, and the individual shall present the required document within 90 days from the date the employment authorization expires. If the actual document or replacement document is to be issued by United States Citizenship and Immigration Services and the application is still under review 60 days after the employment authorization expiration date, United States Citizenship and Immigration Services shall by the 60th day after the expiration date of the employment authorization, issue a letter for the applicant to take to the employer which shall automatically grant the individual an additional 90 days to present the document or replacement document; and the employer has actual or constructive knowledge that the individual is not authorized to work in the United States; or unless otherwise required by law. An employer may not verify an individual’s employment eligibility if the individual is continuing in his or her employment as described in section 274a.2(b)(1)(viii) of title 8, Code of Federal Regulations or any subsequent similar regulation. The Secretary, in consultation with the Commissioner of Social Security, shall design and operate the System— to maximize reliability and ease of use by employers and employees in a manner that protects and maintains the privacy and security of the information maintained in the System; to permit an employer to submit an inquiry to the System through the Internet or other electronic media or over a telephone line; to respond to each inquiry made by an employer; to maintain a record of each such inquiry and each such response; to track and record any occurrence when the System is unable to receive such an inquiry; to include appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information during use, transmission, storage, or disposal of that information, including the use of encryption, carrying out periodic testing of the System to detect, prevent, and respond to vulnerabilities or other failures, and utilizing periodic security updates; to allow for monitoring of the use of the System and provide an audit capability; to have reasonable safeguards, developed in consultation with the Attorney General, to prevent employers from engaging in unlawful discriminatory practices; to permit an employer to submit the attestations required by subsection (b); and to permit an employer to utilize any technology that is consistent with this section and with any regulation or guidance from the Secretary to streamline the procedures to comply with the attestation and employment eligibility verification requirements contained in this section. The System and any databases created by the Commissioner of Social Security or the Secretary for use in the System shall store only the minimum data about each individual for whom an inquiry was made through the System to facilitate the successful operation of the System, and in no case shall the data stored be other than— the individual’s full legal name; the individual’s date of birth; the individual’s social security account number or employment authorization status identification number; the address of the employer making the inquiry and the dates of any prior inquiries concerning the identity and authorization of the individual by the employer or any other employer and the address of such employer; a record of each prior determination regarding the individual’s identity and employment eligibility issued through the System; and in the case of the individual who successfully contested or appealed a tentative nonconfirmation or final nonconfirmation, explanatory information concerning the successful resolution of any erroneous data or confusion regarding the identity or eligibility for employment of the individual, including the source of that error. Information provided pursuant to subsection (c)(5)(A)(i)–(v) shall be deleted from the System one year after the date of entry unless the Secretary shall determine it is relevant to an ongoing determination or appeal, a review of errors or compensation for errors, or an ongoing investigation of fraud or misuse of the system. The Secretary shall not retain any data pursuant to this subsection after the completion of an appeal or investigation except as described in subsection (c)(5)(A)(vi). The Commissioner of Social Security shall establish a reliable, secure method to provide through the System, within the time periods required by subparagraphs

(B)and

(C)of paragraph (2)— a confirmation of whether or not the individual is a United States citizen; a determination of whether the name and social security account number provided, with respect to an individual, in an inquiry by an employer, match such information maintained by the Commissioner in order to confirm the validity of the information provided; a determination of whether such social security account number was issued to the individual; and a determination described in subparagraph

(B)or

(C)of paragraph (2), in a manner that ensures that other information maintained by the Commissioner is not disclosed or released to employers through the System. The Secretary shall establish a reliable, secure method to provide, through the System, within the time periods required by subparagraphs

(B)and

(C)of paragraph (2)— a determination of whether the name and alien identification or authorization number provided, with respect to an individual, in an inquiry by an employer match such information maintained by the Secretary in order to confirm the validity of the information provided; a determination of whether such number was issued to the individual; a determination of whether the individual is authorized to be employed in the United States; and any other related information that the Secretary determines is appropriate. The Commissioner of Social Security and the Secretary shall each complete a privacy impact assessment as described in section 208 of the E-Government Act of 2002 ( Public Law 107–347 ; 44 U.S.C. 3501 note) with regard to the System. Not later than 6 months before implementation of the EEVS, the Commissioner of Social Security and the Secretary shall institute a comprehensive program of outreach and training for employers regarding the operation of the verification system described in this section and informing them of ongoing assistance resources for the implementation and use of such systems. Not later than 6 months before implementation of the EEVS, the Commissioner of Social Security and the Secretary shall develop a public education campaign regarding the obligations imposed by this section as well as instructional materials provided without cost to the public regarding how to use the EEVS. The Secretary shall establish a fully staffed 24-hour toll-free hotline that shall receive inquiries from individuals or employers concerning determinations made by the System and shall identify for an individual, at the time of inquiry, the particular data that resulted in a determination that the System was unable to verify the individual’s identity or eligibility for employment. Except as provided in subparagraphs

(D)and (E), the Secretary shall require employers to participate in the System as follows: Not later than 6 months after the date of enactment of this Act, the Secretary shall require all agencies and departments of the United States (including the Armed Forces), a State government (including a State employment agency before making a referral), or any other employer if it employs individuals working in a location that is a Federal, State, or local government building, a military base, a nuclear energy site, a weapon site, or an airport, but only to the extent of such individuals, to participate in the System, with respect to all individuals hired after the date the Secretary requires such participation. Not later than 1 year after the date of enactment of this Act the Secretary shall require an employer with 5,000 or more employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. Not later than 2 years after the date of enactment of this Act the Secretary shall require an employer with less than 5,000 employees and 1,000 or more employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. Not later than 3 years after the date of the enactment of the this Act, the Secretary shall require all employers with less than 1,000 employees in the United States to participate in the System, with respect to all employees hired by the employer after the date the Secretary requires such participation. The Secretary shall publish in the Federal Register the requirements for participation in the System for employers described in clauses

(i)through

(iv)of subparagraph

(A)prior to the effective date of such requirements. Notwithstanding subparagraph (A), the Secretary has the authority to permit any employer that is not required to participate in the System under subparagraph

(A)to participate in the System on a voluntary basis. The Secretary is authorized to waive or delay the participation requirements of subparagraph

(A)with respect to any employer or class of employers if the Secretary provides notice to Congress of such waiver prior to the date such waiver is granted. The Secretary shall waive or delay the participation requirements of subparagraph

(A)with respect to any employer or class of employers until the date that the Comptroller General of the United States submits the initial certification described in paragraph (19)(E) and shall waive or delay such participation during a year if the Comptroller General fails to submit a certification of paragraph (19)(E) for such year. If an employer is required to participate in the System and fails to comply with the requirements of the System with respect to an individual— such failure shall be treated as a violation of subsection (a)(1)(B); and a rebuttable presumption is created that the employer has violated subsection (a)(1)(A), however, such presumption may not apply to a prosecution under subsection (e)(1). An employer that participates in the System, with respect to the hiring of an individual for employment in the United States, shall— notify the individual of the use of the System and that the System may be used for immigration enforcement purposes; obtain from the individual the documents required by subsection (b)(1) and record on the form designated by the Secretary— the individual’s social security account number; and in the case of an individual who does not attest that the individual is a national of the United States under subsection (b)(2), such identification or authorization number that the Secretary shall require; retain such form in electronic, paper, microfilm, or microfiche form and make such form available for inspection for the periods and in the manner described in subsection (b)(3); and safeguard any information collected for purposes of the System and protect any means of access to such information to ensure that such information is not used for any purpose other than to determine the identity and employment eligibility of the individual and to protect the confidentiality of such information, including ensuring that such information is not provided to any person other than a person who carries out the employer’s responsibilities under this subsection. Failure to safeguard such information shall be a violation of subsection (c)(14). If an employer receives a determination through the System under paragraph

(3)for an individual, the employer shall retain either an electronic, paper, or microfiche form record of such confirmation for the period required by subsection (b)(4)(A). If an employer receives a tentative nonconfirmation with respect to an individual, the employer shall retain either an electronic or paper record of such nonconfirmation for the period required by subsection (b)(4)(A) and inform such individual not later than 3 working days after the issuance of such notice in the manner prescribed by the Secretary that includes information regarding the individual’s right to submit information to contest the tentative nonconfirmation and the address and telephone numbers established by the Commissioner and the Secretary to obtain information on how to submit such information. The individual must acknowledge in writing whether or not the individual chooses to contest or not contest the tentative nonconfirmation. The employer shall submit to the System the individual’s action. If the individual does not contest the tentative nonconfirmation notice within 15 working days of receiving notice from the individual’s employer, the notice shall become final and the employer shall retain either an electronic or paper record of such final nonconfirmation for the period required by subsection (b)(4)(A). An individual’s failure to contest a tentative nonconfirmation may not be the basis for determining that the employer acted in a knowing (as defined in section 274a.1 of title 8, Code of Federal Regulations, or any corresponding similar regulation) manner. If the individual contests the tentative nonconfirmation notice under subclause (I), the individual shall submit appropriate information to contest such notice to the Secretary or Commissioner of Social Security within 15 working days of receiving notice from the individual’s employer and shall utilize the verification process developed under paragraph (3)(B). A tentative nonconfirmation notice shall remain in effect until such notice becomes final under clause

(II)or a final confirmation notice or final nonconfirmation notice is issued by the System. An employer may not terminate the employment of an individual based on a tentative nonconfirmation notice. Nothing in this clause shall apply to termination of employment for any legitimate reason other than because of such a tentative nonconfirmation. If an employer has received a final nonconfirmation with respect to an individual, the employer shall terminate the employment of the individual after the expiration of the time period prescribed in paragraph

(21)for the individual to file an administrative appeal of a final nonconfirmation notice, unless the Secretary or the Commissioner stays the final nonconfirmation notice pending the resolution of the administrative appeal, or a stay is issued pending judicial review. If the employer continues to employ (or to recruit or refer) an individual after the expiration of the period for the individual to file an administrative appeal of a final nonconfirmation notice under paragraph

(21)(unless the Secretary or the Commissioner stayed the final nonconfirmation notice pending the resolution of the administrative appeal or a stay is issued pending judicial review), a rebuttable presumption is created that the employer has violated subsections paragraphs (1)(A) and

(2)of subsection (a). Such presumption may not apply to a prosecution under subsection (e)(1). It shall be unlawful for any individual other than an employee of the Social Security Administration or the Department of Homeland Security specifically charged with maintaining the System to intentionally and knowingly— access the System or the databases utilized to verify identity or employment eligibility for the System for any purpose other than verifying identity or employment eligibility or modifying the System pursuant to law or regulation; or obtain the information concerning an individual stored in the System or the databases utilized to verify identity or employment eligibility for the System for any purpose other than verifying identity or employment authorization or modifying the System pursuant to law or regulation. Any individual who unlawfully accesses the System or the databases as described in subparagraph (A)(i) shall be fined no more than $1,000 per individual or sentenced to no more than 6 months imprisonment or both per individual whose file was compromised. Any individual who unlawfully obtains information stored in the System in the database utilized to verify identity or employment eligibility for the System and uses the information to commit identity theft for financial gain or to evade security or to assist another in gaining financially or evading security, shall be fined no more than $10,000 per individual or sentenced to no more than 1 year of imprisonment or both per individual whose information was obtained and misappropriated. No employer that participates in the System and complies in good faith with the attestation in subsection (b)(1) and the employer requirements of this section shall be liable under any law for any employment-related action taken with respect to an individual in good faith reliance on information provided by the System regarding that individual. Notwithstanding any other provision of law, nothing in this subsection shall be construed to permit or allow any department, bureau, or other agency of the United States to utilize any information, database, or other records used in the System for any purpose other than as provided for under this subsection. No officer or employee of any agency or department of the United States, other than such an officer or employee who is responsible for the verification of employment eligibility or for the evaluation of an employment eligibility verification program at the Social Security Administration, the Department of Homeland Security, and the Department of Labor, may have access to any information, database, or other records utilized by the System. The Secretary, after notice is submitted to Congress and provided to the public in the Federal Register, is authorized to modify the requirements of this subsection, including requirements with respect to completion of forms, method of storage, attestations, copying of documents, signatures, methods of transmitting information, and other operational and technical aspects to improve the efficiency, accuracy, and security of the System. The Comptroller General of the United States shall conduct an annual study of the System as described in this paragraph. The Comptroller General shall, for each year, undertake a study to determine whether the System meets the following requirements: New information and information changes submitted by an individual to the System is updated in all of the relevant databases not later than 3 working days after submission in at least 99 percent of all cases. That, during a year, not more than .5 percent of all final nonconfirmations provided through the System during such year are incorrect. That, during a year, not more than 1 percent of native-born United States citizens whose identity and work eligibility are submitted to the system is the subject of a tentative nonconfirmation. That, during a year, not more than 3 percent of foreign-born, work authorized individuals whose identity and work eligibility are submitted to the System are the subject of a tentative nonconfirmation. That, during a year, the rate of incorrect final and incorrect tentative nonconfirmations shall not have increased by more than 3 percent over the previous year. The System has not resulted in increased employment discrimination on the basis of race or national origin. The determination described in subclause

(I)shall be based on an independent study commissioned by the Comptroller General in each phase of expansion of the System. At least 97 percent of employers who participate in the System are in full compliance with the privacy requirements described in this subsection. An assessment of the privacy and confidentiality of the system and of the overall security of the system with respect to cybertheft and theft and misuse of private data. The Secretary and Commissioner of Social Security have sufficient funding to meet all of the deadlines and requirements of this subsection. In conducting a study under this paragraph, the Comptroller General shall consult with representatives of business, labor, immigrant communities, State governments, privacy advocates, and appropriate departments of the United States. Not later than 21 months after the date of the enactment of this Act and annually thereafter, the Comptroller General shall submit to the Secretary and to Congress a report containing the findings of the study carried out under this paragraph. If the Comptroller General determines that the System meets the requirements set out in clauses

(i)through

(vii)of subparagraph

(B)for a year, the Comptroller shall certify such determination and submit such certification to Congress with the report required by subparagraph (D). The Office for Civil Rights and Civil Liberties shall conduct annual audits of the system described in section 403(a) of the Illegal Immigration Reform and Responsibility Act of 1996, Public Law 104–208 , Div. C, 110 Stat. 3009–546, to assess employer compliance with System requirements, including civil rights and civil liberties protections, and compliance with the System rules and procedures set forth in the Memorandum of Understanding between employers and the Social Security Administration and the Department of Homeland Security. Annual audits shall include, but are not limited to, the following activities: Use of testers to check if employers are using E-Verify as outlined in the Memorandum of Understanding between employers and the Department of Homeland Security and the Social Security Administration, including if employers are misusing the system to prescreen job applicants, if employers are giving proper notification to employees’ regarding tentative non-confirmations, and if employers are taking adverse actions against workers based upon tentative non-confirmations. Random audits of employers to confirm that employers are using the system as outlined in the Memorandum of Understanding and in a manner consistent with civil rights and civil liberties protections. Periodic audits of employers for which the Special Counsel has received information or complaints and/or actual charges of citizenship/national origin discrimination or document abuse. The Office shall have the authority to obtain from users of the E-Verify program relevant documents and testimony and answers to written interrogatories. The Office shall also have the authority to conduct site visits, and interview employees. Employers that fail to cooperate with the Office for Civil Rights and Civil Liberties shall be noted in the annual report set forth below in subsection (E). Not later than 18 months after the date of enactment of this Act, and annually thereafter, the Office for Civil Rights and Civil Liberties shall submit to the President of the Senate, the Speaker of the House of Representatives, and the appropriate committees and subcommittees of Congress a report containing the findings of the audit carried out under this paragraph. An individual who receives a final nonconfirmation may, not later than 30 days after the date of such notice, file an appeal of such final nonconfirmation. An individual subject to a final nonconfirmation may file an appeal thereof after the 30-day period if the appeal is accompanied by evidence that the individual did not receive timely notice of a tentative or final nonconfirmation, or that there was good cause for the failure to file an appeal within the 30-day period. The Secretary and Commissioner of Social Security shall develop procedures to review appeals filed under subparagraph

(A)and to make final determinations on such appeals. The review on appeal may include any additional or newly discovered evidence presented by the appellant during the time of the pending appeal or subsequently by motion to reopen. The Secretary or the Commissioner shall stay the final nonconfirmation notice pending the resolution of the administrative appeal unless the Secretary or the Commissioner determines that the administrative appeal is frivolous, unlikely to succeed on the merits, or filed for purposes of delay. If a final determination on an appeal filed under subparagraph

(A)results in a confirmation of an individual’s eligibility for employment in the United States, the administrative review process shall require the Secretary to determine if the final nonconfirmation issued for the individual was the result of— an error or negligence on the part of an employee or official operating or responsible for the System; an error or negligence on the part of an employer or entity acting on behalf of the employer; the decision rules, processes, or procedures utilized by the System; or erroneous system information that was not the result of acts or omissions of the individual. If the individual was denied a stay under subparagraph (B)(2) and Secretary makes a determination under subparagraph

(C)that the final nonconfirmation issued for an individual was not caused by an act or omission of the individual or the employer, the Secretary shall compensate the individual for lost wages and for reasonable costs and attorneys’ fees not exceeding $75,000, subject to annual inflation adjustments per the U.S. Consumer Price Index—All Urban Consumers (CPI–U) compiled by the Bureau of Labor Statistics. Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the administrative review process described in this paragraph, or judicial review if any, or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first. If the individual obtains employment elsewhere at a lower wage rate, the individual shall be compensated for the difference in wages for the period ending 180 days after completion of the administrative review process or judicial review, if any. For purposes of determining an individual’s compensation for the loss of employment, such compensation shall not include any period in which the individual was ineligible for employment in the United States. Compensation or reimbursement provided under this paragraph shall not be provided from funds appropriated in annual appropriations Acts to the Secretary for the Department of Homeland Security. If the appeal is denied, the Secretary shall stay the decision for a period of 15 days to permit the individual to seek judicial review of the decision pursuant to paragraph (21). After the Secretary makes a final determination on an appeal filed by an individual under paragraph (19), the individual may obtain judicial review of such determination in a civil action commenced not later than 90 days after notice of such decision, or such further time as the Secretary may allow. A civil action for such judicial review shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has a principal place of business, or, if the plaintiff does not reside or have a principal place of business within any such judicial district, in the District Court of the United States for the District of Columbia. As part of the Secretary’s answer to a complaint for such judicial review, the Secretary shall file a certified copy of the administrative record compiled during the administrative review under paragraph (21), including the evidence upon which the findings and decision complained of are based. The court shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming or reversing the result of that administrative review, with or without remanding the cause for a rehearing. In cases in which the individual was denied a stay under subparagraph (19)(B)(2) and such judicial review reverses the final determination of the Secretary made under paragraph (21), the court shall compensate the individual for lost wages and for reasonable costs and attorneys’ fees not exceeding $75,000, subject to annual inflation adjustments per the U.S. Consumer Price Index—All Urban Consumers (CPI–U) compiled by the Bureau of Labor Statistics. Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the judicial review described in this paragraph or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first. If the individual obtains employment elsewhere at a lower wage rate, the individual shall be compensated for the difference in wages for the period ending 180 days after completion of the administrative and judicial review process. If the Secretary makes a determination under paragraph

(21)that the final nonconfirmation issued for an individual was caused by an act or negligence on the part of the employer, the individual may seek recovery of damages, reinstatement, back pay, and other appropriate remedies in a civil action against the employer. Such action must be commenced not later than 90 days after notice of the Secretary’s decision. The action shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has a principal place of business, or, if the plaintiff does not reside or have a principal place of business within any such judicial district, in the District Court of the United States for the District of Columbia. Nothing in this subsection shall affect any existing rights and obligations of employers or employees under other Federal, State, or local laws. The Secretary, in consultation with the Commissioner of Social Security, shall establish a voluntary self-verification system in order to prevent the fraudulent or other misuse of the individual’s Social Security number during employment verification, to prevent employer misuse of the system, to protect privacy, and to limit erroneous nonconfirmation during employment verification. The voluntary system shall allow an individual to verify the individual’s own record, to block and unblock the use of the individual’s Social Security number, and to register a phone number or e-mail address to be contacted upon removal of the block. An individual may enroll in the Enhanced Verification System on a voluntary basis. Each Department of the Federal Government shall elect to participate in the Enhanced Verification System and shall comply with the terms and conditions of such an election. Each Member of Congress, each officer of Congress, and the head of each agency of the legislative branch shall elect to participate in the Enhanced Verification System and shall comply with the terms and conditions of such an election. The Secretary shall establish procedures allowing individuals to use a Personal Identification Number

(PIN)or other biographic information to authenticate the individual’s identity and to block and unblock the individual’s Social Security number electronically. The Secretary shall establish procedures to allow an individual who has authenticated the individual’s identity and unblocked the individual’s Social Security number to receive a single-use encrypted code which may be presented to the employer instead of the documents described in subsection

(b)and for the employer to submit the encrypted single-use code to the system. An employer who submits a valid single-use encrypted code with respect to an individual shall immediately receive a confirmation through the system. The Secretary shall establish an expedited review process to allow an individual who has authenticated the individual’s identity and unblocked the individual’s Social Security number immediately to correct user or system errors which result in an erroneous non-confirmation of work eligibility. The Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and of the Senate reports on the Enhanced Verification System within 3 months after the end of the third and fourth years in which the programs are in effect. Such reports shall— assess the degree of fraudulent attesting of United States citizenship; assess the benefits of the Enhanced Verification System to employers and the degree to which it prevents fraudulent claims of United States citizenship or legal residence and strengthens the enforcement of section 274A; assess the benefits of the Enhanced Verification System to individuals and the degree to which they prevent misuse of the System and erroneous non-confirmations during employment verification; assess if the Enhanced Verification System aides in reducing discrimination during the employment verification process; assess the degree to which the Enhanced Verification System protects employee civil liberties and privacy; and include recommendations on whether or not Enhanced Verification System should be continued or modified, and Not later than 6 months after the end of the fourth year in which the programs are in effect, the Secretary of Homeland Security shall submit to the Committees on the Judiciary of the House of Representatives and the Senate a report— evaluating whether the problems identified by the report submitted under subsection

(i)have been substantially resolved; and describing what actions the Secretary of Homeland Security shall take before requiring any individuals to participate in the Enhanced Verification System. Notwithstanding any other provision of law, nothing in this subtitle 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 subtitle for any other purpose other than as provided for under the Enhanced Verification System. The Secretary shall establish procedures— for a person to file a complaint regarding a potential violation of paragraph (1)(A), (1)(B), or

(2)of subsection (a); for the investigation of any such complaint that the Secretary determines is appropriate to investigate; and for the investigation of such other violation of paragraph (1)(A), (1)(B), or

(2)of subsection

(a)that the Secretary determines is appropriate. In conducting investigations and hearings under this subsection, officers and employees of the Department of Homeland Security, if designated by the Secretary, may compel by subpoena the attendance of witnesses and the production of evidence at any designated place in an investigation or case under this subsection. In case of refusal to obey a subpoena lawfully issued under subparagraph (A), the Secretary may request that the Attorney General apply in an appropriate district court of the United States for an order requiring compliance with such subpoena, and any failure to obey such order may be punished by such court as contempt. The Secretary of Labor shall have the investigative authority provided under section 11(a) of the Fair Labor Standards Act of 1938 ( 29 U.S.C. 211(a) ) to ensure compliance with the provisions of this section, or any regulation or order issued under this section. United States Immigration and Customs Enforcement officials may not misrepresent to employees or employers that they are a member of any agency or organization that provides domestic violence services, enforces health and safety law or other labor laws, provides health care services, or any other services intended to protect life and safety. If the Secretary has reasonable cause to believe that there has been a violation of a requirement of this section and determines that further proceedings related to such violation are warranted, the Secretary shall issue to the employer concerned a written notice of the Secretary’s intention to issue a claim for a fine or other penalty. Such notice shall— describe the violation; specify the laws and regulations allegedly violated; disclose the material facts which establish the alleged violation; and inform such employer that the employer shall have a reasonable opportunity to make representations as to why a claim for a monetary or other penalty should not be imposed. If an employer receives written notice of a fine or other penalty in accordance with subparagraph (A), the employer may file within 45 days from receipt of such notice, with the Secretary a petition for the remission or mitigation of such fine or penalty, or a petition for termination of the proceedings. The petition may include any relevant evidence or proffer of evidence the employer wishes to present, and shall be filed and considered in accordance with procedures to be established by the Secretary. If the Secretary finds that such fine or other penalty was incurred erroneously, or finds the existence of such mitigating circumstances as to justify the remission or mitigation of such fine or penalty, the Secretary may remit or mitigate such fine or other penalty on the terms and conditions as the Secretary determines are reasonable and just, or order termination of any proceedings related to the notice. Such mitigating circumstances may include good faith compliance and participation in, or agreement to participate in, the System, if not otherwise required. This subparagraph may not apply to an employer that has or is engaged in a pattern or practice of violations of paragraph (1)(A), (1)(B), or

(2)of subsection

(a)or of any other requirements of this section. After considering evidence and representations offered by the employer pursuant to subparagraph (B), the Secretary shall determine whether there was a violation and promptly issue a written final determination setting forth the findings of fact and conclusions of law on which the determination is based and the appropriate penalty. Any employer that violates paragraph (1)(A) or

(2)of subsection

(a)shall pay civil penalties as follows: Pay a civil penalty of not less than $500 and not more than $4,000 for each unauthorized alien with respect to each such violation. If the employer has previously been fined 1 time within the preceding 12 months under this subparagraph, pay a civil penalty of not less than $4,000 and not more than $10,000 for each unauthorized alien with respect to each such violation. If the employer has previously been fined more than 1 time within the preceding 12 months under this subparagraph or has failed to comply with a previously issued and final order related to any such provision, pay a civil penalty of not less than $6,000 and not more than $20,000 for each unauthorized alien with respect to each such violation. Any employer that violates or fails to comply with paragraph (1)(B) of subsection

(a)shall pay a civil penalty as follows: Pay a civil penalty of not less than $200 and not more than $2,000 for each such violation or failure. If the employer has previously been fined 1 time within the preceding 12 months under this subparagraph, pay a civil penalty of not less than $400 and not more than $4,000 for each such violation of failure. If the employer has previously been fined more than 1 time within the preceding 12 months under this subparagraph or has failed to comply with a previously issued and final order related to such requirements, pay a civil penalty of $6,000 for each such violation or failure. In the case where an employer commits a violation of this section that is deemed to be purely a paperwork violation where the Secretary fails to establish any intent to hire an individual who is not unauthorized for employment in the United States, the Secretary shall permit the employer to correct such paperwork error within 30 days of receiving notice from the Secretary of such violation. Notwithstanding subparagraphs

(A)and (B), the Secretary may impose additional penalties for violations, including cease and desist orders, specially designed compliance plans to prevent further violations, suspended fines to take effect in the event of a further violation, and in appropriate cases, the civil penalty described in subsection (e)(2). An employer adversely affected by a final determination may, within 45 days after the date the final determination is issued, obtain judicial review of such determination. Not later than 180 days after the date of enactment of the this Act, the Director of the Federal Judicial Center shall submit to Congress a report on judicial review of a final determination. The report shall contain recommendations on jurisdiction and procedures that shall be instituted to seek adequate and timely review of such decision. If an employer fails to comply with a final determination issued against that employer under this subsection, and the final determination is not subject to review as provided in paragraph (5), the Attorney General may file suit to enforce compliance with the final determination, not earlier than 46 days and not later than 90 days, after the date the final determination is issued, in any appropriate district court of the United States. The burden shall remain on the employer to show that the final determination was not supported by a preponderance of the evidence. In any appeal brought under paragraph

(5)or suit brought under paragraph (6), the employer shall be entitled to recover from the Secretary reasonable costs and attorneys’ fees if such employer prevails on the merits of the case. The award of attorneys’ fees shall not exceed $75,000. Such amount shall be subject to annual inflation adjustments per the United States Consumer Price Index—All Urban Consumers (CPI–U) compiled by the Bureau of Labor Statistics. Any costs and attorneys’ fees assessed against the Secretary shall be charged against the operating expenses of the Department of Homeland Security for the fiscal year in which the assessment is made, and shall not be reimbursed from any other source. An investigation under paragraph (1)(C) shall be coordinated with the appropriate regional office of the National Labor Relations Board, the Department of Labor, and all relevant State and local agencies that are charged with enforcing workplace standards. Evidence gathered from such agencies shall be considered in determining whether the entity under investigation has violated subsection (a). An employer that engages in a pattern or practice of knowing violations of paragraph (1)(A) or

(2)of subsection

(a)shall be fined not more than $20,000 for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than 3 years for the entire pattern or practice, or both. If the Secretary or the Attorney General has reasonable cause to believe that an employer is engaged in a pattern or practice of employment in violation of paragraph (1)(A) or

(2)of subsection (a), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the employer, as the Secretary deems necessary. All penalties and limitations on the recovery of costs and attorney’s fees in this section shall be increased every 4 years beginning January 2014 to reflect the percentage increase in the consumer price index for all urban consumers (all items; United States city average) for the 48 month period ending with September of the year preceding the year such adjustment is made. Any adjustment under this subparagraph shall be rounded to the nearest dollar. It is unlawful for an employer, in the hiring of an individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guaranty or indemnity, against any potential liability arising under this section relating to such hiring of the individual. Any employer which is determined, after notice and opportunity for mitigation of the monetary penalty under subsection (d), to have violated paragraph

(1)shall be subject to a civil penalty of $10,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the individual. If an employer who does not hold a Federal contract, grant, or cooperative agreement is determined by the Secretary to be a repeat violator of this section the employer shall be debarred from the receipt of a Federal contract, grant, or cooperative agreement for a period of 5 years. The Secretary or the Attorney General shall advise the Administrator of General Services of such a debarment, and the Administrator of General Services shall list the employer on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs for a period of 5 years. The Administrator of General Services, in consultation with the Secretary and the Attorney General, may waive operation of this subsection or may limit the duration or scope of the debarment. An employer who holds a Federal contract, grant, or cooperative agreement and is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, shall be debarred from the receipt of new Federal contracts, grants, or cooperative agreements for a period of 5 years. Prior to debarring the employer under subparagraph (A), the Secretary, in cooperation with the Administrator of General Services, shall advise any agency or department holding a contract, grant, or cooperative agreement with the employer of the Government’s intention to debar the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period of 5 years. The decision of whether to debar or take alternate action under this paragraph shall be reviewable pursuant to section 9, Federal Acquisition Regulation. Indictments for violations of this section or adequate evidence of actions that could form the basis for debarment under this subsection shall be considered a cause for suspension under the procedures and standards for suspension prescribed by the Federal Acquisition Regulation. In this subsection, the term repeat violator means, with respect to an employer, that the employer has violated paragraph (1)(A), (1)(B), or

(2)of subsection

(a)more than 1 time and that such violations were discovered as a result of more than 1 separate investigation of the employer. A violation of such paragraph (1)(B) that is inadvertent and unrelated to a violation of subsection (a)(1)(A) and (a)(2) may not be considered to be a violation of such paragraph (1)(B) for the purposes of this paragraph. In providing documentation or endorsement of authorization of aliens (other than aliens lawfully admitted for permanent residence) eligible to be employed in the United States, the Secretary shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement. The provisions of this section preempt any State or local law, contract license, or other standard, requirement, action or instrument from— imposing sanctions or liabilities for employing, or recruiting or referring for employment, unauthorized aliens, or for working without employment authorization; requiring those hiring, recruiting, or referring individuals for employment to ascertain or verify the individuals’ employment authorization or to participate in an employment authorization verification system, or requiring individuals to demonstrate employment authorization; and requiring, authorizing or permitting the use of an employment verification system, unless otherwise mandated by Federal law, for any other purpose including, but without limitation, such purposes as verifying the status of renters, determining eligibility for receipt of benefits, enrollment in school, obtaining or retaining a business license or other license, or conducting a background check. Neither backpay nor any other monetary remedy for unlawful employment practices, workplace injuries or other causes of action giving rise to liability shall be denied to a present or former employee on account of: the employer’s or the employee’s failure to comply with the requirements of this section in establishing or maintaining the employment relationship; the employee’s violation of the provisions of federal law related to the employment verification system set forth in subsection (a); or the employee’s continuing status as an unauthorized alien both during and after termination of employment. In this section— The term employer means any person or entity, including any entity of the Government of the United States, hiring an individual for employment in the United States. Except as otherwise provided, the term Secretary means the Secretary of Homeland Security. The term unauthorized alien means, with respect to the employment of an alien at a particular time, that the alien is not at that time either— an alien lawfully admitted for permanent residence; or authorized to be so employed by this Act or by the Secretary. . Sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1324a note) are repealed. Subsection

(c)of section 290 ( 8 U.S.C. 1360 ) is repealed. Subsection

(b)of section 414 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1360 note) is repealed. Paragraph (1)(F) of section 1961 of title 18, United States Code, is repealed. Nothing in this subsection or in subsection

(c)of section 274A, as amended by subsection (a), may be construed to limit the authority of the Secretary to allow or continue to allow the participation of employers who participated in the E-Verify program under such sections 401, 402, 403, 404, and 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208 ; 8 U.S.C. 1324a note) in the Electronic Employment Verification System established pursuant to such subsection (d). Sections 218(i)(1) ( 8 U.S.C. 1188(i)(1) ), 245(c)(8) ( 8 U.S.C. 1255(c)(8) ), 274(a)(3)(B)(i) ( 8 U.S.C. 1324(a)(3)(B)(i) ), and 274B(a)(1) ( 8 U.S.C. 1324b(a)(1) ) are amended by striking 274A(h)(3) and inserting 274A(h) . Section 274B ( 8 U.S.C. 1324b ) is amended— in subsections (a)(6) and (g)(2)(B), by striking 274A(b) and inserting 274A(d) ; and in subsection (g)(2)(B)(ii), by striking 274A(b)(5) and inserting 274A(d)(9) . Not later than 180 days after the date of enactment of this Act, the Secretary shall establish an Employment Verification Advisory Panel (hereinafter in the subsection referred to as the Advisory Panel ). The Advisory Panel should consist of members appointed by the Secretary, after consulting with the Commissioner of Social Security, the Director of National Institutes of Standards and Technology, and other appropriate Federal agencies. Such members should include representatives from appropriate Federal agencies and private sector representatives of affected industries and groups, including immigration policy, human resource, employer and employee organizations, experts in fields including database security, employment verification, biometrics, and privacy. The Advisory Panel shall advise the Secretary and the Commissioner of Social Security on the implementation and deployment of the verification systems established under the amendments made by this section, including— the best means of promoting efficiency, compliance responsiveness, accuracy, public education, user support, interoperability, and cost-effectiveness of the systems established under this section; the best practices and procedures in order to protect the privacy and identities of individuals enrolled in the systems established under this section; standards of database accuracy, error rates, privacy, and measurable compliance with system rules that must be met before implementation begins and before each additional phase of implementation; and the best means by which data obtained through such systems may be used to timely improve the accuracy of databases maintained by the Secretary and the Commissioner of Social Security. The Advisory Panel shall evaluate the vulnerability of the System to identity fraud and the degree to which individuals not authorized for employment in the United States are able to be confirmed by the System. Not later than 180 days after its establishment, the Advisory Panel shall issue a report to the Secretary on alternatives for strengthening identity authentication and preventing fraudulent confirmations by the System. The report shall— survey available technologies for identity authentication, including but not limited to biometric and biographical identity assurance systems; analyze alternatives to identity assurance technologies, including the enhanced verification system described in subsection (c)(25) of section 274A of the Immigration and Nationality Act, as amended by this section; analyze the technical feasibility of adding new identity authentication requirements to the System described in subsection

(c)of such section, including by considering— process burdens (at the point of collection, information processing, etc.); performance burdens (anticipated system throughputs, scalability, reconfigurability, etc.); accuracy and realistic failure rates and projected increases in erroneous nonconfirmations of work authorized individuals; projected compliance and non-compliance rates; and data Security, data storage requirements, and added risk to individuals’ privacy; and estimate the costs and benefits of different strategies for strengthening identity authentication and evaluate their overall strengths and weaknesses, including but not limited to requirements that employers collect biometric, biographical, or other data from new employees instead of or in addition to the data identified in subsections

(b)and

(c)of such section and requirements that individuals participate in the enhanced verification system described in subsection (c)(25) of such section. The Advisory Panel shall terminate 5 years after the date of the enactment of this Act. The amendments made by subsections (a), (b), and

(c)shall take effect on the date that is 180 days after the date of the enactment of this Act.

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