Design and operation of E-Verify

Section 404(d) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) is amended to read as follows: (d) Design and operation of system E-Verify shall be designed and operated— (1) to maximize its reliability and ease of use by employers; (2) to insulate and protect the privacy and security of the underlying information; (3) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; (4) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed; (5) to register any time when E-Verify is unable to receive inquiries; (6) to allow for auditing use of the system to detect fraud and identify theft; (7) to preserve the security of the information in all of the system by— (A) developing and using algorithms to detect potential identity theft, such as multiple uses of the same identifying information or documents; (B) developing and using algorithms to detect misuse of the system by employers and employees; (C) developing capabilities to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system; and (D) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees; (8) to confirm identity and work authorization through verification of records maintained by the Secretary, other Federal departments, States, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, as determined necessary by the Secretary, including— (A) records maintained by the Social Security Administration; (B) birth and death records maintained by vital statistics agencies of any State or other jurisdiction in the United States; (C) passport and visa records (including photographs) maintained by the Department of State; and (D) State driver's license or identity card information (including photographs) maintained by State department of motor vehicles; (9) to electronically confirm the issuance of the employment authorization or identity document; and (10) to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee or, in exceptional cases, if a photograph is not available from the issuer, to provide for a temporary alternative procedure, specified by the Secretary, for confirming the authenticity of the document..