Extension and expansion of programs

Sections 401 through 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) are amended to read as follows:

401.

Establishment of programs

(a)

In general

The Secretary of Homeland Security shall conduct 2 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 made and in effect not later than 1 year after the date of the enactment of the E-Verify Extension and Expansion Act of 2008. Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate the pilot programs not later than December 31, 2013. (c)

Scope of operation of pilot programs

The Secretary of Homeland Security shall provide for the operation— (1)the E-Verify pilot program (described in section 403(b)) in all 50 States; and (2)the secure electronic employment verification system (described in section 405) in all 50 States not later than December 1, 2009. (d)

References in subtitle

In this subtitle— (1)

E-Verify program references

The terms program or E-Verify program refer to any of the two E-Verify programs provided for under this subtitle. (2)

Confirmation system

The term confirmation system means the confirmation system established under section 404. (3)

References to section 274A

Any reference in this subtitle to section 274A (or a subdivision of such section) is deemed to be a reference to section 274A 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) of the Immigration and Nationality Act (8 U.S.C. 1324a(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 the 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) of the Immigration and Nationality Act (8 U.S.C. 1324a(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)).

402.

Voluntary election to participate in an E-Verify program

(a)

Voluntary election

Subject to subsection (c)(3), any person or other entity that conducts any hiring (or recruitment or referral) may elect to participate in the E-Verify program by enrolling. Except as specifically provided in paragraphs (1) and (2) of subsection (d), the Secretary of Homeland Security may not require any person or other entity to participate in an E-Verify 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 the hiring (or recruitment or referral) of an individual for employment in the United States, or current employees pursuant to section 403(a)(1)(B), 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)(a) but fails to obtain confirmation under paragraph (1). (3)

Protection from liability

No person or entity participating in an E-Verify program shall be civilly or criminally liable under any Federal, State, or local law for any action taken in good faith reliance on information provided through the confirmation system. (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 fees as a condition of making an election or participating in the basic E-Verify program. (2)

Scope of election

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)— (A)to all its hiring (and all recruitment and referral; or (B)to its hiring (or recruitment or referral) in one or more places of hiring (or recruitment or referral, as the case may be). (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 program. A person or other entity may terminate an election in such form and manner as the Secretary of Homeland Security shall specify. (d)

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 an E-Verify 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 E-Verify program (or programs) in which the Department shall participate; and (II)may limit the election to hiring occurring in certain States (or geographic areas) and in specified divisions within the Department, as 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 the United States is covered under such a program; and (II)there is significant participation by the Federal executive branch in 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 shall elect to participate in a pilot program, may specify which pilot program or programs in which the Member, officer, or agency will participate, and shall comply with the terms and conditions of such 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. 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. (3)

Consequences of failure to participate

If a person 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).

(e)

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.

403.

Procedures for participants in E-Verify programs

(a)

Electronic employment verification system

(1)

In general

The Secretary of Homeland Security, in cooperation with the Commissioner of Social Security, shall establish an electronic employment verification system (hereinafter in this subtitle referred to as the system), that shall be— (A)equipped with the capacity to determine whether— (i)the identifying information (including name, social security number, alien document number, and date of birth) submitted by an employer with respect to each employee subject to verification is consistent with the records maintained by the Secretary of Homeland Security (solely with respect to aliens) and by the Commissioner of Social Security (with respect to both nationals and aliens); and (ii)the employee is authorized to be employed by the employer and for what period (which may be unlimited); and (B)used only to verify newly hired employees or current employees whose employment authorization has expired or employees as to whom Commissioner of Social Security has notified the employer in writing that the employee’s name and corresponding social security account number fail to match the Social Security Administration records or as to whom the Department of Homeland Security has notified in writing that the employees immigration status or employment authorization document is assigned to another person or that there is no agency record that the document has been assigned to any person. (b)

Basic E-Verify program

A person or other entity that elects to participate in the basic E-Verify program described in this subsection shall register in the system and 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)

Verification of employment authorization

(A)

In general

The Secretary of Homeland Security shall, through the system— (i)respond to each inquiry made by a registered employer through the Internet or other electronic media, or over a toll-free telephone line, regarding an individual’s identity and eligibility for employment in the United States; and (ii)maintain a record of each such inquiry and the information provided in response to such inquiry. (B)

Verification by employer

(i)

Information required

A registered employer shall, with respect to the hiring, or recruiting or referring for a fee, of any individual for employment in the United States, obtain from the individual— (I)the individual’s name and date of birth and, if the individual was born in the United States, the State in which such individual was born; (II)the individual’s social security account number; and (III)in the case of an individual who does not claim to be a national of the United States, such alien identification or authorization number that the Secretary of Homeland Security shall require. (ii)

Documents required

The employer shall require that the individual produce one of the following documents consistent with the status claimed by the individual and bearing identifying information consistent with that obtained from the individual— (I)in the case of an individual who is a national of the United States, a United States passport or driver’s license or identity card issued by a State, the Commonwealth of the Northern Mariana Islands or an outlying possession of the United States; (II)in the case of an alien lawfully admitted for permanent residence in the United States, a permanent resident card, as specified by the Secretary of Homeland Security; (III)in the case of an alien who is authorized under this Act or by the Secretary of Homeland Security to be employed in the United States, an employment authorization card, issued by the Secretary of Homeland Security that contains a photograph of the individual or other identifying information, including name, date of birth, gender, and address and contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use; and (IV)in the case of an individual who is unable to obtain a document described in subclause (I), (II), or (III), a document designated by the Secretary of Homeland Security that contains a photograph of the individual or other identifying information, including name, date of birth, gender, and address and contains security features to make the document resistant to tampering, counterfeiting, and fraudulent use. (iii)

Attestation

The employer shall attest, under penalty of perjury and on a form or through an electronic mechanism or telephonic connection prescribed by the Secretary of Homeland Security, that the employer has obtained information required by clause (i) and examined a consistent document required by clause (ii), using an electronic signature or telephonic identification code approved by the Secretary of Homeland Security. (iv)

Submission to system

A registered employer shall submit an inquiry through the system to seek confirmation of the individual's identity and eligibility for employment in the United States— (I)anytime after the employer makes an offer of employment to the employee but before the end of the third business day after the employee has reported for duty; (II)anytime as permitted under the provisions of section 403(a)(1)(B); or (III)anytime at the request of an employee or prospective employee who wishes to make the inquiry for the purpose of ascertaining the individual's own eligibility for employment in the United States. (C)

System screening of employment eligibility

(i)

In general

Not later than 3 days after an employer submits an inquiry to the system regarding an individual, the Secretary of Homeland Security shall provide, through the system, to the employer approval or initial disapproval of the employment of the individual in the United States. (ii)

Redress procedure

If an employer receives an initial disapproval from the system for an employee, the employer shall inform such employee of the issuance of such notice in writing on a form prescribed by the Secretary of Homeland Security not later than 3 days after receiving such notice. Such individual shall acknowledge receipt of such notice in writing on a form as prescribed by the Secretary of Homeland Security. (iii)

No contest

If the individual does not contest the initial disapproval notice not later than 5 days after receiving notice from the individual’s employer the Secretary of Homeland Security shall notify the employer and disapproval shall become final and the employer shall record on the system the appropriate code to indicate the individual did not contest the initial disapproval. An individual’s failure to contest an initial disapproval shall not be considered an admission of any fact with respect to any violation of this Act or any other provision of law. (iv)

Contest

If the individual contests the initial disapproval, the individual shall submit appropriate information to contest such notice under the procedures established by the Secretary of Homeland Security not later than 5 days after receiving the notice from the individual's employer. (v)

Prohibition on termination

An employer may not terminate the employment of an individual based on the initial disapproval if the employee contests the disapproval and until the employee is given an opportunity to resolve any discrepancy with the relevant government agency responsible for maintaining the information in question. Nothing in this clause shall be interpreted as requiring an employer to dismiss an employee while the inquiry regarding the employee's eligibility for employment in the United States is pending with a governmental agency. (vi)

Disapproval

The Secretary of Homeland Security shall promptly resolve an individual's contest of the initial disapproval and issue either an approval or disapproval. If a disapproval is issued, the Secretary of Homeland Security shall give notice to the employer through the system and the employer shall terminate the employment, recruitment, or referral of the individual. (vii)

Employment after disapproval

If the employer continues to employ, recruit, or refer the individual after receiving final disapproval, a rebuttable presumption is created that the employer has violated sections 274A(a)(1)(A) and 274A(a)(2), except that such presumption shall not apply to a prosecution under section 274A(f)(1). (viii)

Information on disapproved employees

Such employer shall provide to the Secretary of Homeland Security any information relating to a disapproved employee that the Secretary of Homeland Security determines would assist the Secretary of Homeland Security in enforcing or administering the immigration laws. (D)

Administrative review of disapprovals

(i)

In general

An individual who is terminated from employment pursuant to subparagraph (C)(vi) may, not later than 60 days after the date of such termination, file an appeal of the disapproval notice resulting in such termination. (ii)

Procedures

The Secretary of Homeland Security and Commissioner of Social Security shall develop procedures to review appeals filed under clause (i) and to make final determinations on such appeals. (iii)

Review for errors

If a final determination on an appeal filed under clause (i) results in approval of an individual's eligibility to work in the United States, the administrative review process shall require the Secretary of Homeland Security to determine if the final disapproval notice issued for the individual was the result of— (I)an error or negligence on the part of an employee or official operating or responsible for the system; (II)the rules, processes, or procedures utilized by the system; or (III)erroneous system information that was not the result of acts or omissions of the individual. (iv)

Compensation for error

(I)

In general

If the Secretary of Homeland Security makes a determination under this subparagraph that the final disapproval notice issued for an individual was not caused by an act or omission of the individual, the Secretary of Homeland Security shall compensate the individual for lost wages. (II)

Calculation of lost wages

Lost wages shall be calculated based on the wage rate and work schedule that prevailed prior to termination. The individual shall be compensated for wages lost beginning on the first scheduled work day after employment was terminated and ending 180 days after completion of the administrative review process described in this subparagraph or the day after the individual is reinstated or obtains employment elsewhere, whichever occurs first. (III)

Limitation on compensation

For purposes of determining an individual's compensation for the loss of employment, such compensation shall be reduced by any compensation earned from any employment during such period and shall not include any period in which the individual as ineligible for employment in the United States. (E)

Judicial review of disapprovals

(i)

In general

After the Secretary of Homeland Security makes a final determination on an appeal filed by an individual under the administrative review process described in subparagraph (D), the individual may obtain judicial review of such determination by a civil action commenced not later than 60 days after the date of such decision, or such further time as the Secretary of Homeland Security may allow. (ii)

Jurisdiction

A civil action for such judicial review shall be brought in the district court of the United States for the judicial district in which the plaintiff resides, or has a principal place of business, or, if the plaintiff does not reside or have a principal place of business within any such judicial district, in the District Court of the United States for the District of Columbia. (iii)

Answer

As part of the Secretary of Homeland Security's answer to a complaint for such judicial review, the Secretary of Homeland Security shall file a certified copy of the administrative record compiled during the administrative review under subparagraph (C), including the evidence received during such review. The court shall have power to enter, upon the pleading and administrative record, a judgment affirming, modifying, or reversing such administrative decision, with or without remanding the matter for further proceedings. (iv)

Compensation for error

In cases in which such judicial review results in a determination that compensation for lost wages is due, such compensation shall be computed in accordance with subparagraph (D)(iv).

404.

Design, implementation, standards and limitations of employment eligibility confirmation system

(a)

Design in general

Based upon recommendations from the National Institute of Standards and Technology (NIST), the Secretary of Homeland Security shall, not later than 180 days after the date of the enactment of this Act, develop a system and certify a technology standard that can be used to verify the employment eligibility of all persons applying for employment in the United States by a registered employer participating in an E-Verify program. (1)

Integrated

The technology standard developed shall be the technological basis for a cross-agency, cross-platform electronic system that is a cost-effective, efficient, fully integrated means to share immigration and Social Security information necessary to confirm the employment eligibility of all persons seeking employment. The technology shall benefit from the identity features utilized in driver’s licenses and identity cards issued by States in compliance with title II of the REAL ID Act of 2005 (49 U.S.C. 30301 note). The technology shall require the Department of Homeland Security and Social Security Administration to perform real-time data entry of employment eligibility information that is immediately available for verification purposes. The technology shall ascertain when an individual’s name and social security number are reported by multiple employers at the same time in the Social Security Administration’s database before a confirmation is issued as to an individual’s eligibility for employment. (2)

Fully electronic system

The system shall contain a mechanism for employers to attest to their compliance with section 403(b)(1) through this system and to retain an electronic record of such attestation without creation of paper records. (3)

Accessible

The electronic system described in this subsection, once implemented, shall be readily and easily accessible to all participating employers via internet and telephone. (4)

Use of technology

A registered employer shall be permitted to utilize any technology, including technology that is maintained or operated by the private sector, that is consistent with this section and any regulation or guidance from the Secretary of Homeland Security to streamline the procedures for the attestation and verification requirements as provided in this section. (5)

Reports

Not later than one year after the date of the enactment of this Act and annually thereafter, the Secretary of Homeland Security and Director of NIST shall jointly report to Congress describing the development, implementation, efficacy, necessary funding, and privacy implications of the technology standard and electronic database system to be developed and implemented in accordance with this section. (b)

Implementation of the system

(1)Based on the standards set forth in subsection (a), the Secretary of Homeland Security shall establish a reliable, secure method to provide through the system, within the time periods required by this subsection— (A)a determination of whether the name and identifying information and numbers provided in an inquiry by an employer is consistent with such information maintained by the Commissioner of Social Security for nationals of the United States and by the Secretary of Homeland Security for aliens in order to confirm the validity of the information provided; and (B)a determination of whether the individual is authorized to be employed in the United States by the employer submitting such inquiry and for what period, which may be unlimited. (2)The Secretary of Homeland Security shall establish a schedule for implementation of the system that is designed to assure that the capacity of all aspects of the system, including the equipment and personnel required to complete reviews of contested initial disapprovals and corrections of erroneous records within the time frames required to comply with time limits set by section 403(b). (3)The schedule established pursuant to this subsection shall assure that all participants in the E-Verify system are to be enrolled in the new system not later than November 1, 2008. (4)Prior to implementing the schedule established pursuant to this subsection, including each phase of expansion of such schedule, the Secretary of Homeland Security shall comply with the requirements of subsection (c), as determined by the Government Accountability Office (GAO) to achieve the standards described in subsection (c). (c)

Standards for operation of the system

(1)

Policies and procedures

The Secretary of Homeland Security and the Commissioner of Social Security shall establish rules, guidelines, policies, and operating and auditing procedures for collecting, removing, adding, and updating data maintained in the system to ensure the accuracy and integrity of the data such that the operation of the system shall— (A)incorporate a simple and timely method for correcting errors regarding immigration status, work authorization, or any other relevant data in a timely and effective manner; determine which Government official provided the data to ascertain the accuracy of such data; and clarify information known to lead to errors regarding immigration status, work authorization, or misidentification; (B)include procedures for individuals to examine their personal record for errors, seek expedited corrections of data contained in the system, and appeal decisions concerning data contained in the system, strictly limit the agency personnel authorized to input data into the system, and identify classes of prejudicial information requiring authorization of supervisory personnel before entry into the system; (C)provide 24-hour Internet and telephonic help-desk support to answer questions about the technology as well as to resolve questions about employment status and shall receive inquiries from individuals or employers concerning determinations made by the electronic employment eligibility verification system, and shall identify for an individual, at the time of inquiry, the particular data that resulted in a determination that the system was unable to verify the individual's identity or eligibility for employment; (D)incorporate a clearinghouse bureau to centralize and streamline the process through which members of the public can seek to correct erroneous or inaccurate information contained in the system that is related to immigration status or otherwise impedes the issuance of a Social Security number operated under specific time schedules for reviewing data correction requests, rendering decisions on such requests, and implementing appropriate correcting action in a timely manner; and (E)make available or provide to employers, upon request, not later than 60 days prior to the time such employers are required to enroll in the system, appropriate training materials to facilitate compliance with section 274A(b). (2)

Data maintenance procedures

Information to employee

The Secretary of Homeland Security shall develop a written form for employers to provide to individuals who receive an initial or final disapproval notice. Such form shall be made available in a language other than English, as necessary and reasonable, and shall include— (A)information about the reason for such notice; (B)the right to contest such notice; and (C)contact information for the appropriate agency and instructions for initiating such contest. (4)

Public education

The Secretary of Homeland Security shall develop a public education campaign regarding the obligations imposed on employees and employers by this Act, as well as tutorials without cost to the public regarding how to use the newly developed verification system. The public education campaign shall be implemented no later than 12 months after the enactment of this Act. (5)

Training and outreach

Not later than 12 months after the date of the enactment of this Act, the Secretary of Homeland Security shall develop and implement training on the rules, guidelines, policies, and procedures established for all personnel authorized to access information maintained in the system. The Secretary of Homeland Security shall also conduct informational seminars to participating employers and employees regarding the operation and benefits of using the verification system described in this section. (6)

Enumeration

The Secretary of Homeland Security, in consultation with the Secretary of State and the Commissioner of Social Security, shall establish such rules, guidelines, policies, and operating and auditing procedures for collecting, updating, and adding information to the system to ensure the issuance of social security numbers to all non-citizens authorized to work in the United States not later than 10 days after lawful admission to the United States or approval of a change of nonimmigrant status by the Secretary of Homeland Security. (7)

Responsibilities of the commissioner of social security

The Commissioner of Social Security shall carry out the responsibilities set forth in section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) in such a manner as to support the operation of the verification systems established in accordance with this section. (8)

Annual report and certification

Not later than January 1, 2009, and annually thereafter, the Secretary of Homeland Security shall submit to Congress a report that includes a certified determination of the percentage of inquiries that result in a final approval or disapproval notice, within the period described in section 403(b)(1)(C), that are not overturned in a subsequent contest of a disapproval, and if that percentage is less than 99 percent of the cases, the steps being taken to bring the percentage to 99 percent or higher within 90 days. (d)

Limitation on collection and use of data

(1)

Limitation on collection of data

(A)

In general

The system shall collect and maintain only the minimum data necessary to facilitate the successful operation of the system, and in no case shall the data be other than— (i)information necessary to enroll employers under section 402(a); (ii)information necessary to establish and enforce compliance under section 403; (iii)information necessary to detect and prevent employment related identity fraud; and (iv)such other information the Secretary of Homeland Security determines is necessary, through rulemaking in accordance with section 553 of title 5, United States Code. (B)

Penalties

Any officer, employee, or contractor who willfully and knowingly collects and maintains data in the system other than data described in subparagraph (A)(i) shall be guilty of a misdemeanor and fined nor more than $1,000 for each violation. (2)

Limitation on use of data

Whoever willfully and knowingly accesses, discloses, or uses any information obtained or maintained by the system— (A)for the purpose of committing identity fraud, or assisting another person in committing identity fraud, as defined in section 1028 of title 18, United States Code; (B)for the purpose of unlawfully obtaining employment in the United States for any other person; or (C)for any purpose other than as provided for under any provision of law;

shall be guilty of a felony and upon conviction shall be fined under title 18, United States Code, or imprisoned for not more than 5 years, or both.

(3)

Exceptions

Nothing in paragraph (1) or (2) may be construed to limit the collection, maintenance, or use of data by the Commissioner of Internal Revenue or the Commissioner of Social Security as provided by law. (4)

GAO study

Not later than one year after the date of the enactment of this Act, the GAO shall submit to Congress a comprehensive review regarding the process by which the Departments of Homeland Security and Health and Human Services are ensuring the system's readiness to handle expanded participation by all employers in the United States.

405.

Establishment of Secure Electronic Employment Verification System

(a)

Establishment of system

The Secretary of Homeland Security shall within two years of enactment of this section establish a Secure Employment Eligibility Verification System (SEEVS) program with an advanced technology employment verification system to be administered by the Secretary or a private entity certified by the Secretary that can be adopted by employers on a voluntary pilot basis to comply with their obligations under section 403, which program shall comply with the following requirements: (1)The system shall be based on one or more technologies that have been screened and approved by NIST, after consultation with employers and prospective providers of the system technology, to meet or exceed the following standards— (A)all approved technologies must be interoperable such that any employer that adopts participation in the system can verify any prospective employee enrolled with any certified provider; (B)all approved technologies must be based on a verification of identity, identifying data, and personal traits (including biometric identifiers) determined by NIST to provide a high level of accuracy; (C)biometric data shall be segregated and encoded such that it is separate from identifying information and can be linked to such identifying information only through activation by the subject individual voluntarily activating the linkage through the verification process or approved correction mechanism; and (D)databases controlled by the Secretary of Homeland Security and by the Commissioner of Social Security shall be maintained in a manner to capture new entries and new status information in a real time manner and to interact with other enrollment databases approved by the Secretary of Homeland Security to keep employment authorization status current on a daily basis. (2)The system shall be limited in application to hiring decisions made after implementation of the system and specific defined circumstances of expiration of prior authorized employment or affirmative, credible evidence of lack of authorization. (3)The system shall provide for the enrollment of prospective employees in a manner that provides a high level of certainty as to their true identities using comparison to Social Security and immigration identifying information, forensic review of identity documents, and background screening verification techniques using publicly available information. (4)The enrollment process shall result in the association of an accurate name, date of birth, social security number, and immigration identification number (if any) with the established identity of each enrollee. (5)The system shall provide for databases of identifying information subject to privacy standards established and enforced by the Secretary of Homeland Security, including a requirement that biometric and other identifying traits of enrollees be stored through an encoding process that keeps their accurate names, dates of birth, social security numbers, and immigration identification numbers (if any) separate except during electronic verification. (6)The system shall permit individuals to specify that their enrollment be cancelled at any time and all identifying information and biometrics removed from the system without prejudice to future enrollments. (7)The system shall provide for regular updating at least once per business day of all records contained in all provider databases with the employment authorization status of each enrolled individual. (8)The system shall require that verification be accomplished by employers after a job offer has been made and accepted, but can be prior to the commencement of work. (9)The system shall require that verification be performed by enrolled employers or certified agents using technologies approved pursuant to paragraph (1) such that a secure identity and identifying information are screened against the databases of all enrolled individuals. (10)Employers shall be permitted to attest to compliance with this section for employees by use of any electronic program so long as such program— (A)allows the employer to complete such attestation and the verification of employment eligibility in a single transaction; (B)is compatible and interoperable with the system; and (C)keeps an electronic record of attestation by employers and employees without requiring additional paper-based forms as part of the record that is retained in a manner that is accessible to the Secretary of Homeland Security for inspection and audit purposes. (11)Employers that elect participation in the system shall arrange and pay a reasonable fee directly related to cost of the enrollment of any employee requiring verification who has not previously enrolled with the Secretary or a certified provider. (12)Employers shall not be permitted to selectively use the system for any class level or category of employee, but can implement the system at selected locations without implementing it at all locations. (13)Enrolled individuals shall be permitted to access the system to verify their own employment authorization and shall be provided with readily available processes to correct and update their enrollment and employment authorization information. (14)Review, challenge, and anti-discrimination protections regarding the verification responses and their uses from the system shall provide the same level of rights and protections to employees as those afforded under section 403. (15)Employers shall be permitted to make employment decisions in reliance on the employment authorization information provided by the system in the same manner as provided under section 402. (16)Employers shall be immune from liability under this section for all locations in which the system is operated for all employment decisions made in accordance with the procedures established for use of the system, provided that the system is used in accordance with its requirements and employment decisions are not made contrary to the authorization responses received. (17)No data stored pursuant to the system shall be accessible to any person other than those operating the system to verify employment without the written consent of each enrolled individual given specifically for each instance of disclosure or in response to a warrant issued on the basis of probable cause issued by a judicial authority in a criminal proceeding.