TITLE IV--ENFORCEMENT OF RESTRICTIONS AGAINST EMPLOYMENT

Subtitle A--Pilot Programs for Employment Eligibility Confirmation

SEC. 401. ESTABLISHMENT OF PROGRAMS.

(a) In General.--The Attorney General shall conduct 3 pilot
programs of employment eligibility confirmation under this
subtitle.
(b) Implementation Deadline; Termination.--The Attorney
General shall implement the pilot programs in a manner that
permits persons and other entities to have elections under
section 402 of this division made and in effect no later than
1 year after the date of the enactment of this Act. Unless
the Congress otherwise provides, the Attorney General shall
terminate a pilot program at the end of the 4-year period
beginning on the first day the pilot program is in effect.
(c) Scope of Operation of Pilot Programs.--The Attorney
General shall provide for the operation--
(1) of the basic pilot program (described in section 403(a)
of this division) in, at a minimum, 5 of the 7 States with
the highest estimated population of aliens who are not
lawfully present in the United States;
(2) of the citizen attestation pilot program (described in
section 403(b) of this division) in at least 5 States (or, if
fewer, all of the States) that meet the condition described
in section 403(b)(2)(A) of this division; and
(3) of the machine-readable-document pilot program
(described in section 403(c) of this division) in at least 5
States (or, if fewer, all of the States) that meet the
condition described in section 403(c)(2) of this division.
(d) References in Subtitle.--In this subtitle--
(1) Pilot program references.--The terms ``program'' or
``pilot program'' refer to any of the 3 pilot programs
provided for under this subtitle.
(2) Confirmation system.--The term ``confirmation system''
means the confirmation system established under section 404
of this division.
(3) References to section 274a.--Any reference in this
subtitle to section 274A (or a subdivision of such section)
is deemed a reference to such section (or subdivision
thereof) of the Immigration and Nationality Act.
(4) I-9 or similar form.--The term ``I-9 or similar form''
means the form used for purposes of section 274A(b)(1)(A) or
such other form as the Attorney General determines to be
appropriate.
(5) Limited application to recruiters and referrers.--Any
reference to recruitment or referral (or a recruiter or
referrer) in relation to employment is deemed a reference
only to such recruitment or referral (or recruiter or
referrer) that is subject to section 274A(a)(1)(B)(ii).
(6) United states citizenship.--The term ``United States
citizenship'' includes United States nationality.
(7) State.--The term ``State'' has the meaning given such
term in section 101(a)(36) of the Immigration and Nationality
Act.

SEC. 402. VOLUNTARY ELECTION TO PARTICIPATE IN A PILOT
PROGRAM.

(a) Voluntary Election.--Subject to subsection (c)(3)(B),
any person or other entity that conducts any hiring (or
recruitment or referral) in a State in which a pilot program
is operating may elect to participate in that pilot program.
Except as specifically provided in subsection (e), the
Attorney General may not require any person or other entity
to participate in a pilot program.
(b) Benefit of Rebuttable Presumption.--
(1) In general.--If a person or other entity is
participating in a pilot program and obtains confirmation of
identity and employment eligibility in compliance with the
terms and conditions of the program with respect to the
hiring (or recruitment or referral) of an individual for
employment in the United States, the person or entity has
established a rebuttable presumption that the person or
entity has not violated section 274A(a)(1)(A) with respect to
such hiring (or such recruitment or referral).
(2) Construction.--Paragraph (1) shall not be construed as
preventing a person or other entity that has an election in
effect under subsection (a) from establishing an affirmative
defense under section 274A(a)(3) if the person or entity
complies with the requirements of section 274A(a)(1)(B) but
fails to obtain confirmation under paragraph (1).
(c) General Terms of Elections.--
(1) In general.--An election under subsection (a) shall be
in such form and manner, under such terms and conditions, and
shall take effect, as the Attorney General shall specify. The
Attorney General may not impose any fee as a condition of
making an election or participating in a pilot program.
(2) Scope of election.--
(A) In general.--Subject to paragraph (3), any electing
person or other entity may provide that the election under
subsection (a) shall apply (during the period in which the
election is in effect)--
(i) to all its hiring (and all recruitment or referral) in
the State (or States) in which the pilot program is
operating, or
(ii) to its hiring (or recruitment or referral) in one or
more pilot program States or one or more places of hiring (or
recruitment or referral, as the case may be) in the pilot
program States.
(B) Application of programs in non-pilot program states.--
In addition, the Attorney General may permit a person or
entity electing--
(i) the basic pilot program (described in section 403(a) of
this division) to provide that the election applies to its
hiring (or recruitment or referral) in one or more States or
places of hiring (or recruitment or referral) in which the
pilot program is not otherwise operating, or
(ii) the citizen attestation pilot program (described in
403(b) of this division) or the machine-readable-document
pilot program (described in section 403(c) of this division)
to provide that the election applies to its hiring (or
recruitment or referral) in one or more States or places of
hiring (or recruitment or referral) in which the pilot
program is not otherwise operating but only if such States
meet the requirements of 403(b)(2)(A) and 403(c)(2) of this
division, respectively.
(3) Acceptance and rejection of elections.--
(A) In general.--Except as provided in subparagraph (B),
the Attorney General shall accept all elections made under
subsection (a).
(B) Rejection of elections.--The Attorney General may
reject an election by a person or other entity under this
section or limit its applicability to certain States or
places of hiring (or recruitment or referral) if the Attorney
General has determined that there are insufficient resources
to provide appropriate services under a pilot program for the
person's or entity's hiring (or recruitment or referral) in
any or all States or places of hiring.
(4) Termination of elections.--The Attorney General may
terminate an election by a person or other entity under this
section because the person or entity has substantially failed
to comply with its obligations under the pilot program. A
person or other entity may terminate an election in such form
and manner as the Attorney General shall specify.
(d) Consultation, Education, and Publicity.--
(1) Consultation.--The Attorney General shall closely
consult with representatives of employers (and recruiters and
referrers) in the development and implementation of the pilot
programs, including the education of employers (and
recruiters and referrers) about such programs.
(2) Publicity.--The Attorney General shall widely publicize
the election process and pilot programs, including the
voluntary nature of the pilot programs and the advantages to
employers (and recruiters and referrers) of making an
election under this section.
(3) Assistance through district offices.--The Attorney
General shall designate one or more individuals in each
District office of the Immigration and Naturalization Service
for a Service District in which a pilot program is being
implemented--
(A) to inform persons and other entities that seek
information about pilot programs of the voluntary nature of
such programs, and
(B) to assist persons and other entities in electing and
participating in any pilot programs in effect in the
District, in complying with the requirements of section 274A,
and in facilitating confirmation of the identity and
employment eligibility of individuals consistent with such
section.
(e) Select Entities Required to Participate in a Pilot
Program.--
(1) Federal government.--
(A) Executive departments.--
(i) In general.--Each Department of the Federal Government
shall elect to participate in a pilot program and shall
comply with the terms and conditions of such an election.
(ii) Election.--Subject to clause (iii), the Secretary of
each such Department--

(I) shall elect the pilot program (or programs) in which
the Department shall participate, and
(II) may limit the election to hiring occurring in certain
States (or geographic areas) covered by the program (or
programs) and in specified divisions within the Department,
so long as all hiring by such divisions and in such locations
is covered.

(iii) Role of attorney general.--The Attorney General shall
assist and coordinate elections under this subparagraph in
such manner as assures that--

(I) a significant portion of the total hiring within each
Department within States covered by a pilot program is
covered under such a program, and
(II) there is significant participation by the Federal
Executive branch in each of the pilot programs.

(B) Legislative branch.--Each Member of Congress, each
officer of Congress, and the head of each agency of the
legislative branch, that conducts hiring in a State in which
a pilot program is operating shall elect to participate in a
pilot program, may specify which pilot program or programs
(if there is more than one) in which the Member, officer, or
agency will participate, and shall comply with the terms and
conditions of such an election.
(2) Application to certain violators.--An order under
section 274A(e)(4) or section 274B(g)

[[Page H11817]]

of the Immigration and Nationality Act may require the
subject of the order to participate in, and comply with the
terms of, a pilot program with respect to the subject's
hiring (or recruitment or referral) of individuals in a State
covered by such a program.
(3) Consequence of failure to participate.--If a person or
other entity is required under this subsection to participate
in a pilot program and fails to comply with the requirements
of such program with respect to an individual--
(A) such failure shall be treated as a violation of section
274A(a)(1)(B) with respect to that individual, and
(B) a rebuttable presumption is created that the person or
entity has violated section 274A(a)(1)(A).
Subparagraph (B) shall not apply in any prosecution under
section 274A(f)(1).
(f) Construction.--This subtitle shall not affect the
authority of the Attorney General under any other law
(including section 274A(d)(4)) to conduct demonstration
projects in relation to section 274A.

SEC. 403. PROCEDURES FOR PARTICIPANTS IN PILOT PROGRAMS.

(a) Basic Pilot Program.--A person or other entity that
elects to participate in the basic pilot program described in
this subsection agrees to conform to the following procedures
in the case of the hiring (or recruitment or referral) for
employment in the United States of each individual covered by
the election:
(1) Provision of additional information.--The person or
entity shall obtain from the individual (and the individual
shall provide) and shall record on the I-9 or similar form--
(A) the individual's social security account number, if the
individual has been issued such a number, and
(B) if the individual does not attest to United States
citizenship under section 274A(b)(2), such identification or
authorization number established by the Immigration and
Naturalization Service for the alien as the Attorney General
shall specify,
and shall retain the original form and make it available for
inspection for the period and in the manner required of I-9
forms under section 274A(b)(3).
(2) Presentation of documentation.--
(A) In general.--The person or other entity, and the
individual whose identity and employment eligibility are
being confirmed, shall, subject to subparagraph (B), fulfill
the requirements of section 274A(b) with the following
modifications:
(i) A document referred to in section 274A(b)(1)(B)(ii) (as
redesignated by section 412(a) of this division) must be
designated by the Attorney General as suitable for the
purpose of identification in a pilot program.
(ii) A document referred to in section 274A(b)(1)(D) must
contain a photograph of the individual.
(iii) The person or other entity has complied with the
requirements of section 274A(b)(1) with respect to
examination of a document if the document reasonably appears
on its face to be genuine and it reasonably appears to
pertain to the individual whose identity and work eligibility
is being confirmed.
(B) Limitation of requirement to examine documentation.--If
the Attorney General finds that a pilot program would
reliably determine with respect to an individual whether--
(i) the person with the identity claimed by the individual
is authorized to work in the United States, and
(ii) the individual is claiming the identity of another
person,
if a person or entity could fulfill the requirement to
examine documentation contained in subparagraph (A) of
section 274A(b)(1) by examining a document specified in
either subparagraph (B) or (D) of such section, the Attorney
General may provide that, for purposes of such requirement,
only such a document need be examined. In such case, any
reference in section 274A(b)(1)(A) to a verification that an
individual is not an unauthorized alien shall be deemed to be
a verification of the individual's identity.
(3) Seeking confirmation.--
(A) In general.--The person or other entity shall make an
inquiry, as provided in section 404(a)(1) of this division,
using the confirmation system to seek confirmation of the
identity and employment eligibility of an individual, by not
later than the end of 3 working days (as specified by the
Attorney General) after the date of the hiring (or
recruitment or referral, as the case may be).
(B) Extension of time period.--If the person or other
entity in good faith attempts to make an inquiry during such
3 working days and the confirmation system has registered
that not all inquiries were received during such time, the
person or entity can make an inquiry in the first subsequent
working day in which the confirmation system registers that
it has received all inquiries. If the confirmation 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.
(4) Confirmation or nonconfirmation.--
(A) Confirmation upon initial inquiry.--If the person or
other entity receives an appropriate confirmation of an
individual's identity and work eligibility under the
confirmation system within the time period specified under
section 404(b) of this division, the person or entity shall
record on the I-9 or similar form an appropriate code that is
provided under the system and that indicates a final
confirmation of such identity and work eligibility of the
individual.
(B) Nonconfirmation upon initial inquiry and secondary
verification.--
(i) Nonconfirmation.--If the person or other entity
receives a tentative nonconfirmation of an individual's
identity or work eligibility under the confirmation system
within the time period specified under 404(b) of this
division, the person or entity shall so inform the individual
for whom the confirmation is sought.
(ii) No contest.--If the individual does not contest the
nonconfirmation within the time period specified in section
404(c) of this division, the nonconfirmation shall be
considered final. The person or entity shall then record on
the I-9 or similar form an appropriate code which has been
provided under the system to indicate a tentative
nonconfirmation.
(iii) Contest.--If the individual does contest the
nonconfirmation, the individual shall utilize the process for
secondary verification provided under section 404(c) of this
division. The nonconfirmation will remain tentative until a
final confirmation or nonconfirmation is provided by the
confirmation system within the time period specified in such
section. In no case shall an employer terminate employment of
an individual because of a failure of the individual to have
identity and work eligibility confirmed under this section
until a nonconfirmation becomes final. Nothing in this clause
shall apply to a termination of employment for any reason
other than because of such a failure.
(iv) Recording of conclusion on form.--If a final
confirmation or nonconfirmation is provided by the
confirmation system under section 404(c) of this division
regarding an individual, the person or entity shall record on
the I-9 or similar form an appropriate code that is provided
under the system and that indicates a confirmation or
nonconfirmation of identity and work eligibility of the
individual.
(C) Consequences of nonconfirmation.--
(i) Termination or notification of continued employment.--
If the person or other entity has received a final
nonconfirmation regarding an individual under subparagraph
(B), the person or entity may terminate employment (or
recruitment or referral) of the individual. If the person or
entity does not terminate employment (or recruitment or
referral) of the individual, the person or entity shall
notify the Attorney General of such fact through the
confirmation system or in such other manner as the Attorney
General may specify.
(ii) Failure to notify.--If the person or entity fails to
provide notice with respect to an individual as required
under clause (i), the failure is deemed to constitute a
violation of section 274A(a)(1)(B) with respect to that
individual and the applicable civil monetary penalty under
section 274A(e)(5) shall be (notwithstanding the amounts
specified in such section) no less than $500 and no more than
$1,000 for each individual with respect to whom such
violation occurred.
(iii) Continued employment after final nonconfirmation.--If
the person or other entity continues to employ (or to recruit
or refer) an individual after receiving final
nonconfirmation, a rebuttable presumption is created that the
person or entity has violated section 274A(a)(1)(A). The
previous sentence shall not apply in any prosecution under
section 274A(f)(1).
(b) Citizen Attestation Pilot Program.--
(1) In general.--Except as provided in paragraphs (3)
through (5), the procedures applicable under the citizen
attestation pilot program under this subsection shall be the
same procedures as those under the basic pilot program under
subsection (a).
(2) Restrictions.--
(A) State document requirement to participate in pilot
program.--The Attorney General may not provide for the
operation of the citizen attestation pilot program in a State
unless each driver's license or similar identification
document described in section 274A(b)(1)(D)(i) issued by the
State--
(i) contains a photograph of the individual involved, and
(ii) has been determined by the Attorney General to have
security features, and to have been issued through
application and issuance procedures, which make such document
sufficiently resistant to counterfeiting, tampering, and
fraudulent use that it is a reliable means of identification
for purposes of this section.
(B) Authorization to limit employer participation.--The
Attorney General may restrict the number of persons or other
entities that may elect to participate in the citizen
attestation pilot program under this subsection as the
Attorney General determines to be necessary to produce a
representative sample of employers and to reduce the
potential impact of fraud.
(3) No confirmation required for certain individuals
attesting to u.s. citizenship.--In the case of a person or
other entity hiring (or recruiting or referring) an
individual under the citizen attestation pilot program, if
the individual attests to United States citizenship (under
penalty of perjury on an I-9 or similar form which form
states on its face the criminal and other penalties provided
under law for a false representation of United States
citizenship)--
(A) the person or entity may fulfill the requirement to
examine documentation contained in subparagraph (A) of
section 274A(b)(1) by examining a document specified in
either subparagraph (B)(i) or (D) of such section; and
(B) the person or other entity is not required to comply
with respect to such individual with the procedures described
in paragraphs (3) and (4) of subsection (a), but only if the
person or entity retains the form and makes it available for
inspection in the same manner as in the case of an I-9 form
under section 274A(b)(3).
(4) Waiver of document presentation requirement in certain
cases.--
(A) In general.--In the case of a person or entity that
elects, in a manner specified by the Attorney General
consistent with subparagraph (B), to participate in the pilot
program under

[[Page H11818]]

this paragraph, if an individual being hired (or recruited or
referred) attests (in the manner described in paragraph (3))
to United States citizenship and the person or entity retains
the form on which the attestation is made and makes it
available for inspection in the same manner as in the case of
an I-9 form under section 274A(b)(3), the person or entity is
not required to comply with the procedures described in
section 274A(b).
(B) Restriction.--The Attorney General shall restrict the
election under this paragraph to no more than 1,000 employers
and, to the extent practicable, shall select among employers
seeking to make such election in a manner that provides for
such an election by a representative sample of employers.
(5) Nonreviewable determinations.--The determinations of
the Attorney General under paragraphs (2) and (4) are within
the discretion of the Attorney General and are not subject to
judicial or administrative review.
(c) Machine-Readable-Document Pilot Program.--
(1) In general.--Except as provided in paragraph (3), the
procedures applicable under the machine-readable-document
pilot program under this subsection shall be the same
procedures as those under the basic pilot program under
subsection (a).
(2) State document requirement to participate in pilot
program.--The Attorney General may not provide for the
operation of the machine-readable-document pilot program in a
State unless driver's licenses and similar identification
documents described in section 274A(b)(1)(D)(i) issued by the
State include a machine-readable social security account
number.
(3) Use of machine-readable documents.--If the individual
whose identity and employment eligibility must be confirmed
presents to the person or entity hiring (or recruiting or
referring) the individual a license or other document
described in paragraph (2) that includes a machine-readable
social security account number, the person or entity must
make an inquiry through the confirmation system by using a
machine-readable feature of such document. If the individual
does not attest to United States citizenship under section
274A(b)(2), the individual's identification or authorization
number described in subsection (a)(1)(B) shall be provided as
part of the inquiry.
(d) Protection from Liability for Actions Taken on the
Basis of Information Provided by the Confirmation System.--No
person or entity participating in a pilot program shall be
civilly or criminally liable under any law for any action
taken in good faith reliance on information provided
through the confirmation system.

SEC. 404. EMPLOYMENT ELIGIBILITY CONFIRMATION SYSTEM.

(a) In General.--The Attorney General shall establish a
pilot program confirmation system through which the Attorney
General (or a designee of the Attorney General, which may be
a nongovernmental entity)--
(1) responds to inquiries made by electing persons and
other entities (including those made by the transmittal of
data from machine-readable documents under the machine-
readable pilot program) at any time through a toll-free
telephone line or other toll-free electronic media concerning
an individual's identity and whether the individual is
authorized to be employed, and
(2) maintains records of the inquiries that were made, of
confirmations provided (or not provided), and of the codes
provided to inquirers as evidence of their compliance with
their obligations under the pilot programs.

To the extent practicable, the Attorney General shall seek to
establish such a system using one or more nongovernmental
entities.
(b) Initial Response.--The confirmation system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing
confirmation or tentative nonconfirmation, the confirmation
system shall provide an appropriate code indicating such
confirmation or such nonconfirmation.
(c) Secondary Verification Process in Case of Tentative
Nonconfirmation.--In cases of tentative nonconfirmation, the
Attorney General shall specify, in consultation with the
Commissioner of Social Security and the Commissioner of the
Immigration and Naturalization Service, an available
secondary verification process to confirm the validity of
information provided and to provide a final confirmation or
nonconfirmation within 10 working days after the date of the
tentative nonconfirmation. When final confirmation or
nonconfirmation is provided, the confirmation system shall
provide an appropriate code indicating such confirmation or
nonconfirmation.
(d) Design and Operation of System.--The confirmation
system shall be designed and operated--
(1) to maximize its reliability and ease of use by persons
and other entities making elections under section 402(a) of
this division consistent with insulating and protecting the
privacy and security of the underlying information;
(2) 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;
(3) with appropriate administrative, technical, and
physical safeguards to prevent unauthorized disclosure of
personal information; and
(4) to have reasonable safeguards against the system's
resulting in unlawful discriminatory practices based on
national origin or citizenship status, including--
(A) the selective or unauthorized use of the system to
verify eligibility;
(B) the use of the system prior to an offer of employment;
or
(C) 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.
(e) Responsibilities of the Commissioner of Social
Security.--As part of the confirmation system, the
Commissioner of Social Security, in consultation with the
entity responsible for administration of the system, shall
establish a reliable, secure method, which, within the time
periods specified under subsections (b) and (c), compares the
name and social security account number provided in an
inquiry against such information maintained by the
Commissioner in order to confirm (or not confirm) the
validity of 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 confirmation or nonconfirmation).
(f) Responsibilities of the Commissioner of the Immigration
and Naturalization Service.--As part of the confirmation
system, the Commissioner of the Immigration and
Naturalization Service, in consultation with the entity
responsible for administration of the system, shall establish
a reliable, secure method, which, within the time periods
specified under subsections (b) and (c), compares the name
and alien identification or authorization number described in
section 403(a)(1)(B) of this division which are provided in
an inquiry against such information maintained by the
Commissioner in order to confirm (or not confirm) the
validity of the information provided, the correspondence of
the name and number, and whether the alien is authorized to
be employed in the United States.
(g) Updating Information.--The Commissioners of Social
Security and the Immigration and Naturalization Service 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 subsection (c).
(h) Limitation on Use of the Confirmation System and Any
Related Systems.--
(1) In general.--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 a pilot program.
(2) No national identification card.--Nothing in this
subtitle shall be construed to authorize, directly or
indirectly, the issuance or use of national identification
cards or the establishment of a national identification card.

SEC. 405. REPORTS.

The Attorney General shall submit to the Committees on the
Judiciary of the House of Representatives and of the Senate
reports on the pilot programs within 3 months after the end
of the third and fourth years in which the programs are in
effect. Such reports shall--
(1) assess the degree of fraudulent attesting of United
States citizenship,
(2) include recommendations on whether or not the pilot
programs should be continued or modified, and
(3) assess the benefits of the pilot programs to employers
and the degree to which they assist in the enforcement of
section 274A.