All Agencies, Latest Month All Agencies, Current FY Geographic Distribution
of Convictions for
All Agencies, FY 2014
Prosecution Report
Not Available
3 Prosecutions
in Fiscal Year 2014
Conviction Report
Not Available
3 Convictions
in Fiscal Year 2014

CITE

    8 USC Sec. 1324a                                            01/05/2009

EXPCITE

    TITLE 8 - ALIENS AND NATIONALITY
    CHAPTER 12 - IMMIGRATION AND NATIONALITY
    SUBCHAPTER II - IMMIGRATION
    Part VIII - General Penalty Provisions

HEAD

    Sec. 1324a. Unlawful employment of aliens

STATUTE

    (a) Making employment of unauthorized aliens unlawful
      (1) In general
        It is unlawful for a person or other entity -
          (A) to hire, or to recruit or refer for a fee, for employment
        in the United States an alien knowing the alien is an
        unauthorized alien (as defined in subsection (h)(3) of this
        section) with respect to such employment, or
          (B)(i) to hire for employment in the United States an
        individual without complying with the requirements of
        subsection (b) of this section or (ii) if the person or entity
        is an agricultural association, agricultural employer, or farm
        labor contractor (as defined in section 1802 of title 29), to
        hire, or to recruit or refer for a fee, for employment in the
        United States an individual without complying with the
        requirements of subsection (b) of this section.
      (2) Continuing employment
        It is unlawful for a person or other entity, after hiring an
      alien for employment in accordance with paragraph (1), to
      continue to employ the alien in the United States knowing the
      alien is (or has become) an unauthorized alien with respect to
      such employment.
      (3) Defense
        A person or entity that establishes that it has complied in
      good faith with the requirements of subsection (b) of this
      section with respect to the hiring, recruiting, or referral for
      employment of an alien in the United States has established an
      affirmative defense that the person or entity has not violated
      paragraph (1)(A) with respect to such hiring, recruiting, or
      referral.
      (4) Use of labor through contract
        For purposes of this section, a person or other entity who uses
      a contract, subcontract, or exchange, entered into, renegotiated,
      or extended after November 6, 1986, to obtain the labor of an
      alien in the United States knowing that the alien is an
      unauthorized alien (as defined in subsection (h)(3) of this
      section) 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).
      (5) Use of State employment agency documentation
        For purposes of paragraphs (1)(B) and (3), a person or entity
      shall be deemed to have complied with the requirements of
      subsection (b) of this section with respect to the hiring of an
      individual who was referred for such employment by a State
      employment agency (as defined by the Attorney General), if the
      person or entity has and retains (for the period and in the
      manner described in subsection (b)(3) of this section)
      appropriate documentation of such referral by that agency, which
      documentation certifies that the agency has complied with the
      procedures specified in subsection (b) of this section with
      respect to the individual's referral.
      (6) Treatment of documentation for certain employees
        (A) In general
          For purposes of this section, if -
            (i) 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
            (ii) 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 (e)(5) of this section.
        (B) Period
          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.
        (C) Liability
          (i) In general
            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.
          (ii) Rebuttal of presumption
            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.
          (iii) Exception
            Clause (i) shall not apply in any prosecution under
          subsection (f)(1) of this section.
      (7) Application to Federal Government
        For purposes of this section, the term "entity" includes an
      entity in any branch of the Federal Government.
    (b) Employment verification system
      The requirements referred to in paragraphs (1)(B) and (3) of
    subsection (a) of this section are, in the case of a person or
    other entity hiring, recruiting, or referring an individual for
    employment in the United States, the requirements specified in the
    following three paragraphs:
      (1) Attestation after examination of documentation
        (A) In general
          The person or entity must attest, under penalty of perjury
        and on a form designated or established by the Attorney General
        by regulation, that it has verified that the individual is not
        an unauthorized alien by examining -
            (i) a document described in subparagraph (B), or
            (ii) a document described in subparagraph (C) and a
          document described in subparagraph (D).
        Such attestation may be manifested by either a hand-written or
        an electronic signature. A person or entity has complied with
        the requirement of this paragraph with respect to examination
        of a document if the document reasonably appears on its face to
        be genuine. If an individual provides a document or combination
        of documents that reasonably appears on its face to be genuine
        and that is sufficient to meet the requirements of the first
        sentence of this paragraph, nothing in this paragraph shall be
        construed as requiring the person or entity to solicit the
        production of any other document or as requiring the individual
        to produce such another document.
        (B) Documents establishing both employment authorization and
          identity
          A document described in this subparagraph is an individual's -
            (i) United States passport; (!1)
            (ii) resident alien card, alien registration card, or other
          document designated by the Attorney General, if the document -
              (I) contains a photograph of the individual and such
            other personal identifying information relating to the
            individual as the Attorney General finds, by regulation,
            sufficient for purposes of this subsection,
              (II) is evidence of authorization of employment in the
            United States, and
              (III) contains security features to make it resistant to
            tampering, counterfeiting, and fraudulent use.
        (C) Documents evidencing employment authorization
          A document described in this subparagraph is an individual's -
            (i) social security account number card (other than such a
          card which specifies on the face that the issuance of the
          card does not authorize employment in the United States); or
            (ii) other documentation evidencing authorization of
          employment in the United States which the Attorney General
          finds, by regulation, to be acceptable for purposes of this
          section.
        (D) Documents establishing identity of individual
          A document described in this subparagraph is an individual's -
            (i) driver's license or similar document issued for the
          purpose of identification by a State, if it contains a
          photograph of the individual or such other personal
          identifying information relating to the individual as the
          Attorney General finds, by regulation, sufficient for
          purposes of this section; or
            (ii) in the case of individuals under 16 years of age or in
          a State which does not provide for issuance of an
          identification document (other than a driver's license)
          referred to in clause (i), documentation of personal identity
          of such other type as the Attorney General finds, by
          regulation, provides a reliable means of identification.
        (E) Authority to prohibit use of certain documents
          If the Attorney General finds, by regulation, that any
        document described in subparagraph (B), (C), or (D) as
        establishing employment authorization or identity does not
        reliably establish such authorization or identity or is being
        used fraudulently to an unacceptable degree, the Attorney
        General may prohibit or place conditions on its use for
        purposes of this subsection.
      (2) Individual attestation of employment authorization
        The individual must attest, under penalty of perjury on the
      form designated or established for purposes of paragraph (1),
      that the individual is a citizen or national of the United
      States, an alien lawfully admitted for permanent residence, or an
      alien who is authorized under this chapter or by the Attorney
      General to be hired, recruited, or referred for such employment.
      Such attestation may be manifested by either a hand-written or an
      electronic signature.
      (3) Retention of verification form
        After completion of such form in accordance with paragraphs (1)
      and (2), the person or entity must retain a paper, microfiche,
      microfilm, or electronic version of the form and make it
      available for inspection by officers of the Service, the Special
      Counsel for Immigration-Related Unfair Employment Practices, or
      the Department of Labor during a period beginning on the date of
      the hiring, recruiting, or referral of the individual and ending -
          (A) in the case of the recruiting or referral for a fee
        (without hiring) of an individual, three years after the date
        of the recruiting or referral, and
          (B) in the case of the hiring of an individual -
            (i) three years after the date of such hiring, or
            (ii) one year after the date the individual's employment is
          terminated,
        whichever is later.
      (4) Copying of documentation permitted
        Notwithstanding any other provision of law, the person or
      entity may copy a document presented by an individual pursuant to
      this subsection and may retain the copy, but only (except as
      otherwise permitted under law) for the purpose of complying with
      the requirements of this subsection.
      (5) Limitation on use of attestation form
        A form designated or established by the Attorney General under
      this subsection and any information contained in or appended to
      such form, may not be used for purposes other than for
      enforcement of this chapter and sections 1001, 1028, 1546, and
      1621 of title 18.
      (6) Good faith compliance
        (A) In general
          Except as provided in subparagraphs (B) and (C), a person or
        entity is considered to have complied with a requirement of
        this subsection notwithstanding a technical or procedural
        failure to meet such requirement if there was a good faith
        attempt to comply with the requirement.
        (B) Exception if failure to correct after notice
          Subparagraph (A) shall not apply if -
            (i) the Service (or another enforcement agency) has
          explained to the person or entity the basis for the failure,
            (ii) the person or entity has been provided a period of not
          less than 10 business days (beginning after the date of the
          explanation) within which to correct the failure, and
            (iii) the person or entity has not corrected the failure
          voluntarily within such period.
        (C) Exception for pattern or practice violators
          Subparagraph (A) shall not apply to a person or entity that
        has or is engaging in a pattern or practice of violations of
        subsection (a)(1)(A) or (a)(2) of this section.
    (c) No authorization of national identification cards
      Nothing in this section shall be construed to authorize, directly
    or indirectly, the issuance or use of national identification cards
    or the establishment of a national identification card.
    (d) Evaluation and changes in employment verification system
      (1) Presidential monitoring and improvements in system
        (A) Monitoring
          The President shall provide for the monitoring and evaluation
        of the degree to which the employment verification system
        established under subsection (b) of this section provides a
        secure system to determine employment eligibility in the United
        States and shall examine the suitability of existing Federal
        and State identification systems for use for this purpose.
        (B) Improvements to establish secure system
          To the extent that the system established under subsection
        (b) of this section is found not to be a secure system to
        determine employment eligibility in the United States, the
        President shall, subject to paragraph (3) and taking into
        account the results of any demonstration projects conducted
        under paragraph (4), implement such changes in (including
        additions to) the requirements of subsection (b) of this
        section as may be necessary to establish a secure system to
        determine employment eligibility in the United States. Such
        changes in the system may be implemented only if the changes
        conform to the requirements of paragraph (2).
      (2) Restrictions on changes in system
        Any change the President proposes to implement under paragraph
      (1) in the verification system must be designed in a manner so
      the verification system, as so changed, meets the following
      requirements:
        (A) Reliable determination of identity
          The system must be capable of reliably determining whether -
            (i) a person with the identity claimed by an employee or
          prospective employee is eligible to work, and
            (ii) the employee or prospective employee is claiming the
          identity of another individual.
        (B) Using of counterfeit-resistant documents
          If the system requires that a document be presented to or
        examined by an employer, the document must be in a form which
        is resistant to counterfeiting and tampering.
        (C) Limited use of system
          Any personal information utilized by the system may not be
        made available to Government agencies, employers, and other
        persons except to the extent necessary to verify that an
        individual is not an unauthorized alien.
        (D) Privacy of information
          The system must protect the privacy and security of personal
        information and identifiers utilized in the system.
        (E) Limited denial of verification
          A verification that an employee or prospective employee is
        eligible to be employed in the United States may not be
        withheld or revoked under the system for any reason other than
        that the employee or prospective employee is an unauthorized
        alien.
        (F) Limited use for law enforcement purposes
          The system may not be used for law enforcement purposes,
        other than for enforcement of this chapter or sections 1001,
        1028, 1546, and 1621 of title 18.
        (G) Restriction on use of new documents
          If the system requires individuals to present a new card or
        other document (designed specifically for use for this purpose)
        at the time of hiring, recruitment, or referral, then such
        document may not be required to be presented for any purpose
        other than under this chapter (or enforcement of sections 1001,
        1028, 1546, and 1621 of title 18) nor to be carried on one's
        person.
      (3) Notice to Congress before implementing changes
        (A) In general
          The President may not implement any change under paragraph
        (1) unless at least -
            (i) 60 days,
            (ii) one year, in the case of a major change described in
          subparagraph (D)(iii), or
            (iii) two years, in the case of a major change described in
          clause (i) or (ii) of subparagraph (D),
        before the date of implementation of the change, the President
        has prepared and transmitted to the Committee on the Judiciary
        of the House of Representatives and to the Committee on the
        Judiciary of the Senate a written report setting forth the
        proposed change. If the President proposes to make any change
        regarding social security account number cards, the President
        shall transmit to the Committee on Ways and Means of the House
        of Representatives and to the Committee on Finance of the
        Senate a written report setting forth the proposed change. The
        President promptly shall cause to have printed in the Federal
        Register the substance of any major change (described in
        subparagraph (D)) proposed and reported to Congress.
        (B) Contents of report
          In any report under subparagraph (A) the President shall
        include recommendations for the establishment of civil and
        criminal sanctions for unauthorized use or disclosure of the
        information or identifiers contained in such system.
        (C) Congressional review of major changes
          (i) Hearings and review
            The Committees on the Judiciary of the House of
          Representatives and of the Senate shall cause to have printed
          in the Congressional Record the substance of any major change
          described in subparagraph (D), shall hold hearings respecting
          the feasibility and desirability of implementing such a
          change, and, within the two year period before
          implementation, shall report to their respective Houses
          findings on whether or not such a change should be
          implemented.
          (ii) Congressional action
            No major change may be implemented unless the Congress
          specifically provides, in an appropriations or other Act, for
          funds for implementation of the change.
        (D) Major changes defined
          As used in this paragraph, the term "major change" means a
        change which would -
            (i) require an individual to present a new card or other
          document (designed specifically for use for this purpose) at
          the time of hiring, recruitment, or referral,
            (ii) provide for a telephone verification system under
          which an employer, recruiter, or referrer must transmit to a
          Federal official information concerning the immigration
          status of prospective employees and the official transmits to
          the person, and the person must record, a verification code,
          or
            (iii) require any change in any card used for accounting
          purposes under the Social Security Act [42 U.S.C. 301 et
          seq.], including any change requiring that the only social
          security account number cards which may be presented in order
          to comply with subsection (b)(1)(C)(i) of this section are
          such cards as are in a counterfeit-resistant form consistent
          with the second sentence of section 205(c)(2)(D) of the
          Social Security Act [42 U.S.C. 405(c)(2)(D)].
        (E) General revenue funding of social security card changes
          Any costs incurred in developing and implementing any change
        described in subparagraph (D)(iii) for purposes of this
        subsection shall not be paid for out of any trust fund
        established under the Social Security Act [42 U.S.C. 301 et
        seq.].
      (4) Demonstration projects
        (A) Authority
          The President may undertake demonstration projects
        (consistent with paragraph (2)) of different changes in the
        requirements of subsection (b) of this section. No such project
        may extend over a period of longer than five years.
        (B) Reports on projects
          The President shall report to the Congress on the results of
        demonstration projects conducted under this paragraph.
    (e) Compliance
      (1) Complaints and investigations
        The Attorney General shall establish procedures -
          (A) for individuals and entities to file written, signed
        complaints respecting potential violations of subsection (a) or
        (g)(1) of this section,
          (B) for the investigation of those complaints which, on their
        face, have a substantial probability of validity,
          (C) for the investigation of such other violations of
        subsection (a) or (g)(1) of this section as the Attorney
        General determines to be appropriate, and
          (D) for the designation in the Service of a unit which has,
        as its primary duty, the prosecution of cases of violations of
        subsection (a) or (g)(1) of this section under this subsection.
      (2) Authority in investigations
        In conducting investigations and hearings under this subsection
      -
          (A) immigration officers and administrative law judges shall
        have reasonable access to examine evidence of any person or
        entity being investigated,
          (B) administrative law judges, may, if necessary, compel by
        subpoena the attendance of witnesses and the production of
        evidence at any designated place or hearing, and
          (C) immigration officers designated by the Commissioner may
        compel by subpoena the attendance of witnesses and the
        production of evidence at any designated place prior to the
        filing of a complaint in a case under paragraph (2).
      In case of contumacy or refusal to obey a subpoena lawfully
      issued under this paragraph and upon application of the Attorney
      General, an appropriate district court of the United States may
      issue an order requiring compliance with such subpoena and any
      failure to obey such order may be punished by such court as a
      contempt thereof.
      (3) Hearing
        (A) In general
          Before imposing an order described in paragraph (4), (5), or
        (6) against a person or entity under this subsection for a
        violation of subsection (a) or (g)(1) of this section, the
        Attorney General shall provide the person or entity with notice
        and, upon request made within a reasonable time (of not less
        than 30 days, as established by the Attorney General) of the
        date of the notice, a hearing respecting the violation.
        (B) Conduct of hearing
          Any hearing so requested shall be conducted before an
        administrative law judge. The hearing shall be conducted in
        accordance with the requirements of section 554 of title 5. The
        hearing shall be held at the nearest practicable place to the
        place where the person or entity resides or of the place where
        the alleged violation occurred. If no hearing is so requested,
        the Attorney General's imposition of the order shall constitute
        a final and unappealable order.
        (C) Issuance of orders
          If the administrative law judge determines, upon the
        preponderance of the evidence received, that a person or entity
        named in the complaint has violated subsection (a) or (g)(1) of
        this section, the administrative law judge shall state his
        findings of fact and issue and cause to be served on such
        person or entity an order described in paragraph (4), (5), or
        (6).
      (4) Cease and desist order with civil money penalty for hiring,
        recruiting, and referral violations
        With respect to a violation of subsection (a)(1)(A) or (a)(2)
      of this section, the order under this subsection -
          (A) shall require the person or entity to cease and desist
        from such violations and to pay a civil penalty in an amount of
        -
            (i) not less than $250 and not more than $2,000 for each
          unauthorized alien with respect to whom a violation of either
          such subsection occurred,
            (ii) not less than $2,000 and not more than $5,000 for each
          such alien in the case of a person or entity previously
          subject to one order under this paragraph, or
            (iii) not less than $3,000 and not more than $10,000 for
          each such alien in the case of a person or entity previously
          subject to more than one order under this paragraph; and
          (B) may require the person or entity -
            (i) to comply with the requirements of subsection (b) of
          this section (or subsection (d) of this section if
          applicable) with respect to individuals hired (or recruited
          or referred for employment for a fee) during a period of up
          to three years, and
            (ii) to take such other remedial action as is appropriate.
        In applying this subsection in the case of a person or entity
        composed of distinct, physically separate subdivisions each of
        which provides separately for the hiring, recruiting, or
        referring for employment, without reference to the practices
        of, and not under the control of or common control with,
        another subdivision, each such subdivision shall be considered
        a separate person or entity.
      (5) Order for civil money penalty for paperwork violations
        With respect to a violation of subsection (a)(1)(B) of this
      section, the order under this subsection shall require the person
      or entity to pay a civil penalty in an amount of not less than
      $100 and not more than $1,000 for each individual with respect to
      whom such violation occurred. In determining the amount of the
      penalty, due consideration shall be given to the size of the
      business of the employer being charged, the good faith of the
      employer, the seriousness of the violation, whether or not the
      individual was an unauthorized alien, and the history of previous
      violations.
      (6) Order for prohibited indemnity bonds
        With respect to a violation of subsection (g)(1) of this
      section, the order under this subsection may provide for the
      remedy described in subsection (g)(2) of this section.
      (7) Administrative appellate review
        The decision and order of an administrative law judge shall
      become the final agency decision and order of the Attorney
      General unless either (A) within 30 days, an official delegated
      by regulation to exercise review authority over the decision and
      order modifies or vacates the decision and order, or (B) within
      30 days of the date of such a modification or vacation (or within
      60 days of the date of decision and order of an administrative
      law judge if not so modified or vacated) the decision and order
      is referred to the Attorney General pursuant to regulations, in
      which case the decision and order of the Attorney General shall
      become the final agency decision and order under this subsection.
      The Attorney General may not delegate the Attorney General's
      authority under this paragraph to any entity which has review
      authority over immigration-related matters.
      (8) Judicial review
        A person or entity adversely affected by a final order
      respecting an assessment may, within 45 days after the date the
      final order is issued, file a petition in the Court of Appeals
      for the appropriate circuit for review of the order.
      (9) Enforcement of orders
        If a person or entity fails to comply with a final order issued
      under this subsection against the person or entity, the Attorney
      General shall file a suit to seek compliance with the order in
      any appropriate district court of the United States. In any such
      suit, the validity and appropriateness of the final order shall
      not be subject to review.
    (f) Criminal penalties and injunctions for pattern or practice
      violations
      (1) Criminal penalty
        Any person or entity which engages in a pattern or practice of
      violations of subsection (a)(1)(A) or (a)(2) of this section
      shall be fined not more than $3,000 for each unauthorized alien
      with respect to whom such a violation occurs, imprisoned for not
      more than six months for the entire pattern or practice, or both,
      notwithstanding the provisions of any other Federal law relating
      to fine levels.
      (2) Enjoining of pattern or practice violations
        Whenever the Attorney General has reasonable cause to believe
      that a person or entity is engaged in a pattern or practice of
      employment, recruitment, or referral in violation of paragraph
      (1)(A) or (2) of subsection (a) of this section, 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 person or entity, as the Attorney General deems
      necessary.
    (g) Prohibition of indemnity bonds
      (1) Prohibition
        It is unlawful for a person or other entity, in the hiring,
      recruiting, or referring for employment of any 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
      guarantee or indemnity, against any potential liability arising
      under this section relating to such hiring, recruiting, or
      referring of the individual.
      (2) Civil penalty
        Any person or entity which is determined, after notice and
      opportunity for an administrative hearing under subsection (e) of
      this section, to have violated paragraph (1) shall be subject to
      a civil penalty of $1,000 for each violation and to an
      administrative order requiring the return of any amounts received
      in violation of such paragraph to the employee or, if the
      employee cannot be located, to the general fund of the Treasury.
    (h) Miscellaneous provisions
      (1) Documentation
        In providing documentation or endorsement of authorization of
      aliens (other than aliens lawfully admitted for permanent
      residence) authorized to be employed in the United States, the
      Attorney General 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.
      (2) Preemption
        The provisions of this section preempt any State or local law
      imposing civil or criminal sanctions (other than through
      licensing and similar laws) upon those who employ, or recruit or
      refer for a fee for employment, unauthorized aliens.
      (3) Definition of unauthorized alien
        As used in this section, 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 (A) an alien lawfully
      admitted for permanent residence, or (B) authorized to be so
      employed by this chapter or by the Attorney General.

SOURCE

    (June 27, 1952, ch. 477, title II, ch. 8, Sec. 274A, as added Pub.
    L. 99-603, title I, Sec. 101(a)(1), Nov. 6, 1986, 100 Stat. 3360;
    amended Pub. L. 100-525, Sec. 2(a)(1), Oct. 24, 1988, 102 Stat.
    2609; Pub. L. 101-649, title V, Secs. 521(a), 538(a), Nov. 29,
    1990, 104 Stat. 5053, 5056; Pub. L. 102-232, title III, Secs.
    306(b)(2), 309(b)(11), Dec. 12, 1991, 105 Stat. 1752, 1759; Pub. L.
    103-416, title II, Secs. 213, 219(z)(4), Oct. 25, 1994, 108 Stat.
    4314, 4318; Pub. L. 104-208, div. C, title III, Sec. 379(a), title
    IV, Secs. 411(a), 412(a)-(d), 416, Sept. 30, 1996, 110 Stat. 3009-
    649, 3009-666 to 3009-669; Pub. L. 108-390, Sec. 1(a), Oct. 30,
    2004, 118 Stat. 2242.)

REFERENCES IN TEXT

      The Social Security Act, referred to in subsec. (d)(3)(D)(iii),
    (E), is act Aug. 14, 1935, ch. 531, 49 Stat. 620, as amended, which
    is classified generally to chapter 7 (Sec. 301 et seq.) of Title
    42, The Public Health and Welfare. For complete classification of
    this Act to the Code, see section 1305 of Title 42 and Tables.

AMENDMENTS

      2004 - Subsec. (b)(1)(A). Pub. L. 108-390, Sec. 1(a)(1), inserted
    "Such attestation may be manifested by either a hand-written or an
    electronic signature." before "A person or entity has complied" in
    concluding provisions.
      Subsec. (b)(2). Pub. L. 108-390, Sec. 1(a)(2), inserted at end
    "Such attestation may be manifested by either a hand-written or an
    electronic signature."
      Subsec. (b)(3). Pub. L. 108-390, Sec. 1(a)(3), inserted "a paper,
    microfiche, microfilm, or electronic version of" after "must
    retain" in introductory provisions.
      1996 - Subsec. (a)(6). Pub. L. 104-208, Sec. 412(b), added par.
    (6).
      Subsec. (a)(7). Pub. L. 104-208, Sec. 412(d), added par. (7).
      Subsec. (b)(1)(B). Pub. L. 104-208, Sec. 412(a)(1)(A), (B),
    redesignated cl. (v) as (ii), substituted ", alien registration
    card, or other document designated by the Attorney General, if the
    document" for "or other alien registration card, if the card" in
    introductory provisions of that cl., and struck out former cls.
    (ii) to (iv) which read as follows:
      "(ii) certificate of United States citizenship;
      "(iii) certificate of naturalization;
      "(iv) unexpired foreign passport, if the passport has an
    appropriate, unexpired endorsement of the Attorney General
    authorizing the individual's employment in the United States; or".
      Subsec. (b)(1)(B)(ii). Pub. L. 104-208, Sec. 412(a)(1)(C), in
    subcl. (I), substituted "and" for "or" before "such other personal"
    and struck out "and" at end, in subcl. (II), substituted ", and"
    for the period at end, and added subcl. (III).
      Subsec. (b)(1)(C). Pub. L. 104-208, Sec. 412(a)(2), inserted "or"
    at end of cl. (i), redesignated cl. (iii) as (ii), and struck out
    former cl. (ii) which read as follows: "certificate of birth in the
    United States or establishing United States nationality at birth,
    which certificate the Attorney General finds, by regulation, to be
    acceptable for purposes of this section; or".
      Subsec. (b)(1)(E). Pub. L. 104-208, Sec. 412(a)(3), added subpar.
    (E).
      Subsec. (b)(6). Pub. L. 104-208, Sec. 411(a), added par. (6).
      Subsec. (e)(2)(C). Pub. L. 104-208, Sec. 416, added subpar. (C).
      Subsec. (e)(7). Pub. L. 104-208, Sec. 379(a)(2), substituted "the
    final agency decision and order under this subsection" for "a final
    order under this subsection".
      Pub. L. 104-208, Sec. 379(a)(1), substituted "unless either (A)
    within 30 days, an official delegated by regulation to exercise
    review authority over the decision and order modifies or vacates
    the decision and order, or (B) within 30 days of the date of such a
    modification or vacation (or within 60 days of the date of decision
    and order of an administrative law judge if not so modified or
    vacated) the decision and order is referred to the Attorney General
    pursuant to regulations" for "unless, within 30 days, the Attorney
    General modifies or vacates the decision and order".
      Subsecs. (i) to (n). Pub. L. 104-208, Sec. 412(c), struck out
    subsec. (i) which provided effective dates for implementation of
    this section, subsec. (j) which required General Accounting Office
    reports on implementation of this section, subsec. (k) which
    established a taskforce to review reports, subsec. (l) which
    provided a termination date for employer sanctions under this
    section upon finding of widespread discrimination in implementing
    this section, and subsecs. (m) and (n) which provided for expedited
    procedures in House of Representatives and Senate for considering
    resolutions to approve findings in the reports.
      1994 - Subsec. (b)(3). Pub. L. 103-416, Sec. 219(z)(4), made
    technical correction to Pub. L. 102-232, Sec. 306(b)(2). See 1991
    Amendment note below.
      Subsec. (d)(4)(A). Pub. L. 103-416, Sec. 213, substituted "five"
    for "three" in second sentence.
      1991 - Subsec. (b)(1)(D)(ii). Pub. L. 102-232, Sec. 309(b)(11),
    substituted "clause (i)" for "clause (ii)".
      Subsec. (b)(3). Pub. L. 102-232, Sec. 306(b)(2), as amended by
    Pub. L. 103-416, Sec. 219(z)(4), made technical correction to Pub.
    L. 101-649, Sec. 538(a). See 1990 Amendment note below.
      1990 - Subsec. (a)(1). Pub. L. 101-649, Sec. 521(a), struck out
    "to hire, or to recruit or refer for a fee, for employment in the
    United States" after "or other entity" in introductory provisions,
    inserted "to hire, or to recruit or refer for a fee, for employment
    in the United States" after "(A)" in subpar. (A), and inserted "(i)
    to hire for employment in the United States an individual without
    complying with the requirements of subsection (b) of this section
    or (ii) if the person or entity is an agricultural association,
    agricultural employer, or farm labor contractor (as defined in
    section 1802 of title 29), to hire, or to recruit or refer for a
    fee, for employment in the United States" after "(B)" in subpar.
    (B).
      Subsec. (b)(3). Pub. L. 101-649, Sec. 538(a), as amended by Pub.
    L. 102-232, Sec. 306(b)(2), as amended by Pub. L. 103-416, Sec.
    219(z)(4), inserted ", the Special Counsel for Immigration-Related
    Unfair Employment Practices," after "officers of the Service".
      1988 - Subsec. (b)(1)(A). Pub. L. 100-525, Sec. 2(a)(1)(A),
    substituted "the first sentence of this paragraph" for "such
    sentence" and "such another document" for "such a document".
      Subsec. (d)(3)(D). Pub. L. 100-525, Sec. 2(a)(1)(B), in heading
    substituted "defined" for "requiring two years notice and
    congressional review".
      Subsec. (e)(1). Pub. L. 100-525, Sec. 2(a)(1)(C)(i), inserted
    reference to subsec. (g)(1) in three places.
      Subsec. (e)(3). Pub. L. 100-525, Sec. 2(a)(1)(C)(i), (ii),
    inserted reference to subsec. (g)(1) in two places and reference to
    par. (6) in two places.
      Subsec. (e)(4)(A)(ii), (iii). Pub. L. 100-525, Sec. 2(a)(1)(D),
    substituted "paragraph" for "subparagraph".
      Subsec. (e)(6) to (9). Pub. L. 100-525, Sec. 2(a)(1)(C)(iii),
    (iv), added par. (6) and redesignated former pars. (6) to (8) as
    (7) to (9), respectively.
      Subsec. (g)(2). Pub. L. 100-525, Sec. 2(a)(1)(E), inserted
    reference to subsec. (e) of this section.
      Subsec. (i)(3)(B)(iii). Pub. L. 100-525, Sec. 2(a)(1)(F),
    substituted "an order" for "a order" and "subsection (a)(1)(A) of
    this section" for "paragraph (1)(A)".
      Subsec. (j)(1). Pub. L. 100-525, Sec. 2(a)(1)(G), made technical
    amendment to provision of original act which was translated as
    "November 6, 1986," and struck out "of the United States" after
    "Comptroller General".
      Subsec. (j)(2). Pub. L. 100-525, Sec. 2(a)(1)(H), substituted
    "this section" for "that section".
                     EFFECTIVE DATE OF 2004 AMENDMENT
      Pub. L. 108-390, Sec. 1(b), Oct. 30, 2004, 118 Stat. 2242,
    provided that: "The amendments made by subsection (a) [amending
    this section] shall take effect on the earlier of -
        "(1) the date on which final regulations implementing such
      amendments take effect; or
        "(2) 180 days after the date of the enactment of this Act [Oct.
      30, 2004]."
                     EFFECTIVE DATE OF 1996 AMENDMENT
      Section 379(b) of div. C of Pub. L. 104-208 provided that: "The
    amendments made by subsection (a) [amending this section and
    section 1324c of this title] shall apply to orders issued on or
    after the date of the enactment of this Act [Sept. 30, 1996]."
      Section 411(b) of div. C of Pub. L. 104-208 provided that: "The
    amendment made by subsection (a) [amending this section] shall
    apply to failures occurring on or after the date of the enactment
    of this Act [Sept. 30, 1996]."
      Section 412(e) of div. C of Pub. L. 104-208, as amended by Pub.
    L. 105-54, Sec. 3(a), Oct. 6, 1997, 111 Stat. 1175; Pub. L. 108-
    156, Sec. 3(d), Dec. 3, 2003, 117 Stat. 1945, provided that:
      "(1) The amendments made by subsection (a) [amending this
    section] shall apply with respect to hiring (or recruitment or
    referral) occurring on or after such date (not later than 18 months
    after the date of the enactment of this Act [Sept. 30, 1996]) as
    the Secretary of Homeland Security shall designate.
      "(2) The amendment made by subsection (b) [amending this section]
    shall apply to individuals hired on or after 60 days after the date
    of the enactment of this Act.
      "(3) The amendment made by subsection (c) [amending this section]
    shall take effect on the date of the enactment of this Act.
      "(4) The amendment made by subsection (d) [amending this section]
    applies to hiring occurring before, on, or after the date of the
    enactment of this Act, but no penalty shall be imposed under
    subsection (e) or (f) of section 274A of the Immigration and
    Nationality Act [subsecs. (e) and (f) of this section] for such
    hiring occurring before such date."
      [Section 3(b) of Pub. L. 105-54 provided that: "The amendment
    made by subsection (a) [amending section 412(e) of div. C of Pub.
    L. 104-208, set out above] shall take effect as if included in the
    enactment of the Illegal Immigration Reform and Immigrant
    Responsibility Act of 1996 [div. C of Pub. L. 104-208]."]
                     EFFECTIVE DATE OF 1994 AMENDMENT
      Section 219(z) of Pub. L. 103-416 provided that the amendment
    made by subsec. (z)(4) of that section is effective as if included
    in the Miscellaneous and Technical Immigration and Naturalization
    Amendments of 1991, Pub. L. 102-232.
                     EFFECTIVE DATE OF 1991 AMENDMENT
      Amendment by section 306(b)(2) of Pub. L. 102-232 effective as if
    included in the enactment of the Immigration Act of 1990, Pub. L.
    101-649, see section 310(1) of Pub. L. 102-232, set out as a note
    under section 1101 of this title.
                     EFFECTIVE DATE OF 1990 AMENDMENT
      Section 521(b) of Pub. L. 101-649 provided that: "The amendments
    made by subsection (a) [amending this section] shall apply to
    recruiting and referring occurring on or after the date of the
    enactment of this Act [Nov. 29, 1990]."
      Section 538(b) of Pub. L. 101-649 provided that: "The amendment
    made by subsection (a) [amending this section] shall take effect on
    the date of the enactment of this Act [Nov. 29, 1990]."
                     EFFECTIVE DATE OF 1988 AMENDMENT
      Amendment by Pub. L. 100-525 effective as if included in
    enactment of Immigration Reform and Control Act of 1986, Pub. L. 99-
    603, see section 2(s) of Pub. L. 100-525, set out as a note under
    section 1101 of this title.
    DATE OF ENACTMENT OF THIS SECTION FOR ALIENS EMPLOYED UNDER SECTION
                        8704 OF TITLE 46, SHIPPING
      Date of enactment of this section with respect to aliens deemed
    employed under section 8704 of Title 46, Shipping, as the date 180
    days after Jan. 11, 1988, see section 5(f)(3) of Pub. L. 100-239,
    set out as a Construction note under section 8704 of Title 46.

ABOLITION OF IMMIGRATION AND NATURALIZATION SERVICE AND TRANSFER OF FUNCTIONS

      For abolition of Immigration and Naturalization Service, transfer
    of functions, and treatment of related references, see note set out
    under section 1551 of this title.
                          DELEGATION OF AUTHORITY
      Memorandum of President of the United States, Feb. 10, 1992, 57
    F.R. 24345, provided:
      Memorandum for the Secretary of Health and Human Services
      Section 205(c)(2)(F) of the Social Security Act (section
    405(c)(2)(F) of title 42 of the United States Code) directs the
    Secretary of Health and Human Services to issue Social Security
    number cards to individuals who are assigned Social Security
    numbers.
      By the authority vested in me as President by the Constitution
    and the laws of the United States of America, including section
    274A(d)(3)(A) of the Immigration and Nationality Act (the "Act")
    (section 1324a(d)(3)(A) of title 8 of the United States Code) and
    section 301 of title 3 of the United States Code, and in order to
    provide for the delegation of certain functions under the Act [8
    U.S.C. 1101 et seq.], I hereby:
      (1) Authorize you to prepare and transmit, to the Committee on
    the Judiciary and the Committee on Ways and Means of the House of
    Representatives and to the Committee on the Judiciary and the
    Committee on Finance of the Senate, a written report regarding the
    substance of any proposed change in Social Security number cards,
    to the extent required by section 274A(d)(3)(A) of the Act, and
      (2) Authorize you to cause to have printed in the Federal
    Register the substance of any change in the Social Security number
    card so proposed and reported to the designated congressional
    committees, to the extent required by section 274A(d)(3)(A) of the
    Act.
      The authority delegated by this memorandum may be further
    redelegated within the Department of Health and Human Services.
      You are hereby authorized and directed to publish this memorandum
    in the Federal Register.
                                                            George Bush.
      Authority of President under subsec. (d)(4) of this section to
    undertake demonstration projects of different changes in
    requirements of employment verification system delegated to
    Attorney General by section 2 of Ex. Ord. No. 12781, Nov. 20, 1991,
    56 F.R. 59203, set out as a note under section 301 of Title 3, The
    President.

PILOT PROGRAMS FOR EMPLOYMENT ELIGIBILITY CONFIRMATION

      Pub. L. 104-208, div. C, title IV, subtitle A, Sept. 30, 1996,
    110 Stat. 3009-655, as amended by Pub. L. 107-128, Sec. 2, Jan. 16,
    2002, 115 Stat. 2407; Pub. L. 108-156, Secs. 2, 3, Dec. 3, 2003,
    117 Stat. 1944, provided that:
      "SEC. 401. ESTABLISHMENT OF PROGRAMS.
      "(a) In General. - The Secretary of Homeland Security shall
    conduct 3 pilot programs of employment eligibility confirmation
    under this subtitle.
      "(b) Implementation Deadline; Termination. - The Secretary of
    Homeland Security 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 [Sept. 30, 1996].
    Unless the Congress otherwise provides, the Secretary of Homeland
    Security shall terminate a pilot program at the end of the 11-year
    period beginning on the first day the pilot program is in effect.
      "(c) Scope of Operation of Pilot Programs. - The Secretary of
    Homeland Security 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, and the Secretary of Homeland
      Security shall expand the operation of the program to all 50
      States not later than December 1, 2004;
        "(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 [8 U.S.C. 1324a].
        "(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 Secretary of Homeland Security 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 [8
      U.S.C. 1101(a)(36)].
      "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 Secretary of Homeland Security 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 Secretary of Homeland Security shall specify.
      The Secretary of Homeland Security 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 Secretary of Homeland Security may permit a
        person or entity electing 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) Termination of elections. - The Secretary of Homeland
      Security 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 Secretary of Homeland Security shall specify.
      "(d) Consultation, Education, and Publicity. -
        "(1) Consultation. - The Secretary of Homeland Security 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 Secretary of Homeland Security 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 Secretary of
      Homeland Security 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 secretary of homeland security. - The
          Secretary of Homeland Security 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) of the Immigration and Nationality
      Act [8 U.S.C. 1324a(e)(4), 1324b(g)] 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 Secretary of Homeland Security 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 Secretary of
        Homeland Security 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 Secretary of Homeland Security 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 Secretary of Homeland Security 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 Secretary of Homeland Security 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
        Secretary of Homeland Security) 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 Secretary of Homeland Security of such fact
          through the confirmation system or in such other manner as
          the Secretary of Homeland Security 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 Secretary of Homeland Security 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 Secretary of Homeland
          Security 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
        Secretary of Homeland Security 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
        Secretary of Homeland Security 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 Secretary of Homeland
        Security consistent with subparagraph (B), to participate in
        the pilot program under 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 Secretary of Homeland Security 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
      Secretary of Homeland Security under paragraphs (2) and (4) are
      within the discretion of the Secretary of Homeland Security 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 Secretary of Homeland Security 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 Secretary of Homeland Security shall
    establish a pilot program confirmation system through which the
    Secretary of Homeland Security (or a designee of the Secretary of
    Homeland Security, 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 Secretary of Homeland Security 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
    Secretary of Homeland Security 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.
      "(a) In General. - 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 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.
      "(b) Report on Expansion. - Not later than June 1, 2004, the
    Secretary of Homeland Security shall submit to the Committees on
    the Judiciary of the House of Representatives and the Senate a
    report -
        "(1) evaluating whether the problems identified by the report
      submitted under subsection (a) have been substantially resolved;
      and
        "(2) describing what actions the Secretary of Homeland Security
      shall take before undertaking the expansion of the basic pilot
      program to all 50 States in accordance with section 401(c)(1), in
      order to resolve any outstanding problems raised in the report
      filed under subsection (a)."
      [Pub. L. 107-128, Sec. 3, Jan. 16, 2002, 115 Stat. 2407, provided
    that: "The amendment made by this Act [amending section 401(b) of
    Pub. L. 104-208, set out above] shall take effect on the date of
    the enactment of this Act [Jan. 16, 2002]."]
    REPORT ON ADDITIONAL AUTHORITY OR RESOURCES NEEDED FOR ENFORCEMENT
                     OF EMPLOYER SANCTIONS PROVISIONS
      Pub. L. 104-208, div. C, title IV, Sec. 413(a), Sept. 30, 1996,
    110 Stat. 3009-668, as amended by Pub. L. 108-156, Sec. 3(d), Dec.
    3, 2003, 117 Stat. 1945, provided that not later than 1 year after
    Sept. 30, 1996, the Secretary of Homeland Security was to submit to
    the Committees on the Judiciary of the House of Representatives and
    of the Senate a report on any additional authority or resources
    needed by the Immigration and Naturalization Service in order to
    enforce section 1324a of this title, or by Federal agencies in
    order to carry out Ex. Ord. No. 12989, set out below, and to expand
    the restrictions in such order to cover agricultural subsidies,
    grants, job training programs, and other Federally subsidized
    assistance programs.
                    PILOT PROJECTS FOR SECURE DOCUMENTS
      Pub. L. 101-238, Sec. 5, Dec. 18, 1989, 103 Stat. 2104, provided
    that:
      "(a) Consultation. - Before June 1, 1991, the Attorney General
    shall consult with State governments on any proper State initiative
    to improve the security of State or local documents which would
    satisfy the requirements of section 274A(b)(1) of the Immigration
    and Nationality Act (8 U.S.C. 1324a). The result of such
    consultations shall be reported, before September 1, 1991, to the
    Committees on the Judiciary of the Senate and House of
    Representatives of the United States.
      "(b) Assistance for State Initiatives. - After such consultation
    described in subsection (a), the Attorney General shall make grants
    to, and enter into contracts with (to such extent or in such
    amounts as are provided in an appropriation Act), the State of
    California and at least 2 other States with large immigrant
    populations to promote any State initiatives to improve the
    security of State or local documents which would satisfy the
    requirements of section 274A(b)(1) of the Immigration and
    Nationality Act [8 U.S.C. 1324a(b)(1)].
      "(c) Authorization of Appropriations. - There are authorized to
    be appropriated to the Attorney General $10,000,000 for fiscal year
    1992 to carry out subsection (b).
      "(d) Report Required. - The Attorney General shall report to the
    Committees on the Judiciary of the Senate and House of
    Representatives not later than August 1, 1993, on the security of
    State or local documents which would satisfy the requirements of
    section 274A(b)(1) of the Immigration and Nationality Act (8 U.S.C.
    1324a), and any improvements in such documents that have occurred
    as a result of this section."
                            INTERIM REGULATIONS
      Section 101(a)(2) of Pub. L. 99-603 provided that: "The Attorney
    General shall, not later than the first day of the seventh month
    beginning after the date of the enactment of this Act [Nov. 6,
    1986], first issue, on an interim or other basis, such regulations
    as may be necessary in order to implement this section [enacting
    this section, amending sections 1802, 1813, 1816, and 1851 of Title
    29, Labor, and enacting provisions set out as notes under this
    section, section 1802 of Title 29, and section 405 of Title 42, The
    Public Health and Welfare]."
                GRANDFATHER PROVISION FOR CURRENT EMPLOYEES
      Section 101(a)(3) of Pub. L. 99-603 provided that:
      "(A) Section 274A(a)(1) of the Immigration and Nationality Act [8
    U.S.C. 1324a(a)(1)] shall not apply to the hiring, or recruiting or
    referring of an individual for employment which has occurred before
    the date of the enactment of this Act [Nov. 6, 1986].
      "(B) Section 274A(a)(2) of the Immigration and Nationality Act
    shall not apply to continuing employment of an alien who was hired
    before the date of the enactment of this Act."
       STUDY OF USE OF TELEPHONE VERIFICATION SYSTEM FOR DETERMINING
                     EMPLOYMENT ELIGIBILITY OF ALIENS
      Section 101(d) of Pub. L. 99-603 provided that:
      "(1) The Attorney General, in consultation with the Secretary of
    Labor and the Secretary of Health and Human Services, shall conduct
    a study for use by the Department of Justice in determining
    employment eligibility of aliens in the United States. Such study
    shall concentrate on those data bases that are currently available
    to the Federal Government which through the use of a telephone and
    computation capability could be used to verify instantly the
    employment eligibility status of job applicants who are aliens.
      "(2) Such study shall be conducted in conjunction with any
    existing Federal program which is designed for the purpose of
    providing information on the resident or employment status of
    aliens for employers. The study shall include an analysis of costs
    and benefits which shows the differences in costs and efficiency of
    having the Federal Government or a contractor perform this service.
    Such comparisons should include reference to such technical
    capabilities as processing techniques and time, verification
    techniques and time, back up safeguards, and audit trail
    performance.
      "(3) Such study shall also concentrate on methods of phone
    verification which demonstrate the best safety and service
    standards, the least burden for the employer, the best capability
    for effective enforcement, and procedures which are within the
    boundaries of the Privacy Act of 1974 [5 U.S.C. 552a, 552a note].
      "(4) Such study shall be conducted within twelve months of the
    date of enactment of this Act [Nov. 6, 1986].
      "(5) The Attorney General shall prepare and transmit to the
    Congress a report -
        "(A) not later than six months after the date of enactment of
      this Act, describing the status of such study; and
        "(B) not later than twelve months after such date, setting
      forth the findings of such study."
       FEASIBILITY STUDY OF SOCIAL SECURITY NUMBER VALIDATION SYSTEM
      Section 101(e) of Pub. L. 99-603 provided that: "The Secretary of
    Health and Human Services, acting through the Social Security
    Administration and in cooperation with the Attorney General and the
    Secretary of Labor, shall conduct a study of the feasibility and
    costs of establishing a social security number validation system to
    assist in carrying out the purposes of section 274A of the
    Immigration and Nationality Act [8 U.S.C. 1324a], and of the
    privacy concerns that would be raised by the establishment of such
    a system. The Secretary shall submit to the Committees on Ways and
    Means and Judiciary of the House of Representatives and to the
    Committees on Finance and Judiciary of the Senate, within 2 years
    after the date of the enactment of this Act [Nov. 6, 1986], a full
    and complete report on the results of the study together with such
    recommendations as may be appropriate."
                 REPORTS ON UNAUTHORIZED ALIEN EMPLOYMENT
      Section 402 of Pub. L. 99-603 provided that: "The President shall
    transmit to Congress annual reports on the implementation of
    section 274A of the Immigration and Nationality Act [8 U.S.C.
    1324a] (relating to unlawful employment of aliens) during the first
    three years after its implementation. Each report shall include -
        "(1) an analysis of the adequacy of the employment verification
      system provided under subsection (b) of that section;
        "(2) a description of the status of the development and
      implementation of changes in that system under subsection (d) of
      that section, including the results of any demonstration projects
      conducted under paragraph (4) of such subsection; and
        "(3) an analysis of the impact of the enforcement of that
      section on -
          "(A) the employment, wages, and working conditions of United
        States workers and on the economy of the United States,
          "(B) the number of aliens entering the United States
        illegally or who fail to maintain legal status after entry, and
          "(C) the violation of terms and conditions of nonimmigrant
        visas by foreign visitors."
      [Functions of President under section 402 of Pub. L. 99-603
    delegated to Secretary of Homeland Security, except functions in
    section 402(3)(A) which were delegated to Secretary of Labor, by
    sections 1(b) and 2(a) of Ex. Ord. No. 12789, Feb. 10, 1992, 57
    F.R. 5225, as amended, set out as a note under section 1364 of this
    title.]

EXECUTIVE ORDER

         EX. ORD. NO. 12989. ECONOMY AND EFFICIENCY IN GOVERNMENT
        PROCUREMENT THROUGH COMPLIANCE WITH CERTAIN IMMIGRATION AND
      NATIONALITY ACT PROVISIONS AND USE OF AN ELECTRONIC EMPLOYMENT
                      ELIGIBILITY VERIFICATION SYSTEM
      Ex. Ord. No. 12989, Feb. 13, 1996, 61 F.R. 6091, as amended by
    Ex. Ord. No. 13286, Sec. 19, Feb. 28, 2003, 68 F.R. 10623; Ex. Ord.
    No. 13465, Secs. 1-6, June 6, 2008, 73 F.R. 33285-33287, provided:
      This order is designed to promote economy and efficiency in
    Federal Government procurement. Stability and dependability are
    important elements of economy and efficiency. A contractor whose
    workforce is less stable will be less likely to produce goods and
    services economically and efficiently than a contractor whose
    workforce is more stable. It is the policy of the executive branch
    to enforce fully the immigration laws of the United States,
    including the detection and removal of illegal aliens and the
    imposition of legal sanctions against employers that hire illegal
    aliens. Because of the worksite enforcement policy of the United
    States and the underlying obligation of the executive branch to
    enforce the immigration laws, contractors that employ illegal
    aliens cannot rely on the continuing availability and service of
    those illegal workers, and such contractors inevitably will have a
    less stable and less dependable workforce than contractors that do
    not employ such persons. Where a contractor assigns illegal aliens
    to work on Federal contracts, the enforcement of Federal
    immigration laws imposes a direct risk of disruption, delay, and
    increased expense in Federal contracting. Such contractors are less
    dependable procurement sources, even if they do not knowingly hire
    or knowingly continue to employ unauthorized workers.
      Contractors that adopt rigorous employment eligibility
    confirmation policies are much less likely to face immigration
    enforcement actions, because they are less likely to employ
    unauthorized workers, and they are therefore generally more
    efficient and dependable procurement sources than contractors that
    do not employ the best available measures to verify the work
    eligibility of their workforce. It is the policy of the executive
    branch to use an electronic employment verification system because,
    among other reasons, it provides the best available means to
    confirm the identity and work eligibility of all employees that
    join the Federal workforce. Private employers that choose to
    contract with the Federal Government should meet the same standard.
      I find, therefore, that adherence to the general policy of
    contracting only with providers that do not knowingly employ
    unauthorized alien workers and that have agreed to utilize an
    electronic employment verification system designated by the
    Secretary of Homeland Security to confirm the employment
    eligibility of their workforce will promote economy and efficiency
    in Federal procurement.
      NOW, THEREFORE, to ensure the economical and efficient
    administration and completion of Federal Government contracts, and
    by the authority vested in me as President by the Constitution and
    the laws of the United States of America, including subsection
    121(a) of title 40 and section 301 of title 3, United States Code,
    it is hereby ordered as follows:
      Section 1. (a) It is the policy of the executive branch in
    procuring goods and services that, to ensure the economical and
    efficient administration and completion of Federal Government
    contracts, contracting agencies should not contract with employers
    that have not complied with section 274A(a)(1)(A) and 274A(a)(2) of
    the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)(A),
    1324a(a)(2)) (the "INA employment provisions") prohibiting the
    unlawful employment of aliens.
      (b) It is the policy of the executive branch in procuring goods
    and services that, to ensure the economical and efficient
    administration and completion of Federal Government contracts,
    contracting agencies may not enter into contracts with employers
    that do not use the best available means to confirm the work
    authorization of their workforce.
      (c) It is the policy of the executive branch to enforce fully the
    antidiscrimination provisions of the INA. Nothing in this order
    relieves employers of antidiscrimination obligations under section
    274B of the INA (8 U.S.C. 1324b) or any other law.
      (d) All discretion under this order shall be exercised consistent
    with the policies set forth in this section.
      Sec. 2. Contractor, as used in this Executive order, shall have
    the same meaning as defined in subpart 9.4 of the Federal
    Acquisition Regulation.
      Sec. 3. Using the procedures established pursuant to 8 U.S.C.
    1324a(e): (a) the Secretary of Homeland Security may investigate to
    determine whether a contractor or an organizational unit thereof is
    not in compliance with the INA employment provisions;
      (b) the Secretary of Homeland Security shall receive and may
    investigate complaints by employees of any entity covered under
    section 3(a) of this order where such complaints allege
    noncompliance with the INA employment provisions; and
      (c) the Attorney General shall hold such hearings as are required
    under 8 U.S.C. 1324a(e) to determine whether an entity covered
    under section 3(a) is not in compliance with the INA employment
    provisions.
      Sec. 4. (a) Whenever the Secretary of Homeland Security or the
    Attorney General determines that a contractor or an organizational
    unit thereof is not in compliance with the INA employment
    provisions, the Secretary of Homeland Security or the Attorney
    General shall transmit that determination to the appropriate
    contracting agency and such other Federal agencies as the Secretary
    of Homeland Security or the Attorney General may determine. Upon
    receipt of such determination from the Secretary of Homeland
    Security or the Attorney General, the head of the appropriate
    contracting agency shall consider the contractor or an
    organizational unit thereof for debarment as well as for such other
    action as may be appropriate in accordance with the procedures and
    standards prescribed by the Federal Acquisition Regulation.
      (b) The head of the contracting agency may debar the contractor
    or an organizational unit thereof based on the determination of the
    Secretary of Homeland Security or the Attorney General that it is
    not in compliance with the INA employment provisions. Such
    determination shall not be reviewable in the debarment proceedings.
      (c) The scope of the debarment generally should be limited to
    those organizational units of a Federal contractor that the
    Secretary of Homeland Security or the Attorney General finds are
    not in compliance with the INA employment provisions.
      (d) The period of the debarment shall be for 1 year and may be
    extended for additional periods of 1 year if, using the procedures
    established pursuant to 8 U.S.C. 1324a(e), the Secretary of
    Homeland Security or the Attorney General determines that the
    organizational unit of the Federal contractor continues to be in
    violation of the INA employment provisions.
      (e) The Administrator of General Services shall list a debarred
    contractor or an organizational unit thereof on the List of Parties
    Excluded from Federal Procurement and Nonprocurement Programs and
    the contractor or an organizational unit thereof shall be
    ineligible to participate in any procurement or nonprocurement
    activities.
      Sec. 5. (a) Executive departments and agencies that enter into
    contracts shall require, as a condition of each contract, that the
    contractor agree to use an electronic employment eligibility
    verification system designated by the Secretary of Homeland
    Security to verify the employment eligibility of: (i) all persons
    hired during the contract term by the contractor to perform
    employment duties within the United States; and (ii) all persons
    assigned by the contractor to perform work within the United States
    on the Federal contract.
      (b) The Secretary of Homeland Security:
      (i) shall administer, maintain, and modify as necessary and
    appropriate the electronic employment eligibility verification
    system designated by the Secretary under subsection (a) of this
    section; and
      (ii) may establish with respect to such electronic employment
    verification system:
        (A) terms and conditions for use of the system; and
        (B) procedures for monitoring the use, failure to use, or
      improper use of the system.
      (c) The Secretary of Defense, the Administrator of General
    Services, and the Administrator of the National Aeronautics and
    Space Administration shall amend the Federal Acquisition Regulation
    to the extent necessary and appropriate to implement the debarment
    responsibility, the employment eligibility verification
    responsibility, and other related responsibilities assigned to
    heads of departments and agencies under this order.
      (d) Except to the extent otherwise specified by law or this
    order, the Secretary of Homeland Security and the Attorney General:
      (i) shall administer and enforce this order; and
      (ii) may, after consultation to the extent appropriate with the
    Secretary of Defense, the Secretary of Labor, the Administrator of
    General Services, the Administrator of the National Aeronautics and
    Space Administration, the Administrator for Federal Procurement
    Policy, and the heads of such other departments or agencies as may
    be appropriate, issue such rules, regulations, or orders, or
    establish such requirements, as may be necessary and appropriate to
    implement this order.
      Sec. 6. Each contracting department and agency shall cooperate
    with and provide such information and assistance to the Secretary
    of Homeland Security and the Attorney General as may be required in
    the performance of their respective functions under this order.
      Sec. 7. The Secretary of Homeland Security, the Attorney General,
    the Secretary of Defense, the Administrator of General Services,
    the Administrator of the National Aeronautics and Space
    Administration, and the heads of contracting departments and
    agencies may delegate any of their functions or duties under this
    order to any officer or employee of their respective departments or
    agencies.
      Sec. 8. (a) This order shall be implemented in a manner intended
    to minimize the burden on participants in the Federal procurement
    process.
      (b) This order shall be implemented in a manner consistent with
    the protection of intelligence and law enforcement sources,
    methods, and activities from unauthorized disclosure.
      Sec. 9. (a) Nothing in this order shall be construed to impair or
    otherwise affect:
      (i) authority granted by law to a department or agency or the
    head thereof; or
      (ii) functions of the Director of the Office of Management and
    Budget relating to budget, administrative, or legislative
    proposals.
      (b) This order shall be implemented consistent with applicable
    law and subject to the availability of appropriations.
      (c) This order is not intended to, and does not, create any right
    or benefit, substantive or procedural, enforceable at law or in
    equity, by any party against the United States, its departments,
    agencies or entities, its officers, employees, or agents, or any
    other person.

FOOTNOTE

    (!1) So in original. Probably should be followed by "or".
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