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SEC. _. WORKSITE ENFORCEMENT.

(a) NOTIFICATION OF EXPIRATION OF ADMISSION."Notwithstanding any other provision of this Act, an employeror educational institution shall notify an alien inwriting of the expiration of the alien's period of authorizedadmission not later than 14 days before such eligibilityexpires.

(b) UNLAWFUL EMPLOYMENT OF ALIENS."

(1) IN GENERAL."Section 274A(a) of the Immigrationand Nationality Act, as amended by section302(a), is further amended"

(A) in paragraph (3), by striking subparagraphs

(B) and (C) and inserting the following:''(B) The Secretary may establish proceduresby which an employer may obtain confirmationfrom the Secretary that the con.tractor or subcontractor has registered with theEEVS and is utilizing the EEVS.''(C) The Secretary may establish suchother requirements for employers using contractorsor subcontractors as are necessary to preventknowing violations of this paragraph afterrulemaking pursuant to section 553 of title 5,United States Code. The Secretary may issuewidely disseminated guidelines to clarify andsupplement the regulations issued hereunderand disseminate the guidelines broadly in coordinationwith the Private Sector Office of theDepartment of Homeland Security.''; and

(B) by striking paragraph (6) and insertingthe following:''(6) A rebuttable presumption is created thatan employer has acted with knowledge or recklessdisregard if the employer is shown by clear and convincingevidence to have materially failed to complywith written standards, procedures or instructionsissued by the Secretary. Standards, procedures orinstructions issued by the Secretary shall be objectiveand verifiable.''.

(2) DEFINITIONS."Section 274A(b) of the Immigrationand Nationality Act, as amended by sec.tion 302(a), is further amended by striking paragraph

(2) and inserting the following:''(2) DEFINITION OF EMPLOYER."In this section,the term 'employer' means any person or entityhiring, recruiting, or referring an individual for a feefor employment in the United States. Franchisedbusinesses that operate independently do not constitutea single employer solely on the basis of sharinga common brand.''(3) DEFINITION OF CRITICAL INFRASTRUC-TURE."In this section, the term 'critical infrastructure'means agencies and departments of the UnitedStates, States, their suppliers or contractors, andany other employer whose employees have access aspart of their jobs to a government building, militarybase, nuclear energy site, weapon site, airport, orseaport.''.

(3) MANAGEMENT OF EEVS."Section274A(d)(9)(E)(v) of the Immigration and NationalityAct, as amended by section 302(a), is furtheramended by adding at the end the following: ''TheSecretary shall further study the feasibility of providingother alternatives for employers that do nothave Internet access.''..

(4) REPEAT VIOLATOR."Section 274A(h)(1) ofthe Immigration and Nationality Act, as amended bysection 302(a), is amended by adding at the end thefollowing: ''The Secretary shall define 'repeat violator',as used in this subsection, in a rulemaking thatcomplies with the requirements of section 553 oftitle 5, United States Code.''.

(5) PREEMPTION."Section 274A(i) of the Immigrationand Nationality Act, as amended by section302(a), is amended by striking paragraph (2) and inserting the following:''(2) PREEMPTION."The provisions of this section shall preempt any State or local law that requires the use of the EEVS in a fashion that"''(A) conflicts with Federal policies, proceduresor timetables;''(B) requires employers to verify whetheror not an individual is authorized to work in theUnited States; or''(C) imposes civil or criminal sanctions

(other than through licensing and similar laws) upon those who employ, or recruit or refer fora fee for employment, unauthorized aliens.''.

(c) AUTHORIZATION OF APPROPRIATIONS."Notwithstandingthe matter preceding subparagraph (A) of sec.tion 310(a)(1), there are authorized to be appropriated tothe Secretary of Homeland Security, in each of the 2 fiscalyears beginning after the date of the enactment of thisAct, such sums as may be necessary to annually hire notless than 2,500 personnel of the Department of HomelandSecurity, who are to be assigned exclusively or principallyto an office or offices dedicated to monitoring and enforcingcompliance with sections 274A and 274C of the Immigrationand Nationality Act (8 U.S.C. 1324a and 1324c),including compliance with the requirements of the EEVS.These personnel shall perform the compliance and monitoringactivities described in subparagraphs (A) through

(O) of section 310(a)(1).