Short title

This Act may be cited as the

Electronic Employment Verification Reauthorization Act of 2008

Permanent extension of Employment Eligibility Confirmation Pilot Programs

Section 401(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1324a note) is amended by striking 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..

Redesignation of basic pilot program

Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 405(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208) are amended by striking basic pilot program each place that term appears and inserting E-Verify Program.

Required participation by United States contractors

Section 402(e) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1324a note) is amended— (1)by redesignating paragraphs (2) and (3) as paragraphs (3) and (4), respectively; and (2)by inserting after paragraph (1) the following:

(2)

United states contractors

Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in the E-Verify Program and shall comply with the terms and conditions of such election.

Checking the immigration status of employees

Section 403(a)(3)(A) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1324a note) is amended— (1)by striking The person and inserting the following:

(i)

Upon hiring

The person

; and

(2)by adding at the end the following:

(ii)

Existing employees

An employer that elects to verify the employment eligibility of existing employees shall verify the employment eligibility of all such employees not later than 10 days after notifying the Secretary of Homeland Security of such election. (iii)

Required participation

The Secretary of Homeland Security may require any employer or class of employers to participate in the E-Verify Program with respect to individuals employed as of, or hired after, the date of the enactment of the Electronic Employment Verification Reauthorization Act of 2008 if the Secretary has reasonable cause to believe that the employer has engaged in material violations of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).

Reverification

Section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1324a note) is amended by adding at the end the following:

(5)

Reverification

Each employer participating in the E-Verify Program shall use the confirmation system to reverify the work authorization of any individual not later than 3 days after the date on which such individual’s employment authorization is scheduled to expire, as indicated by the documents that the individual provided to the employer pursuant to section 274A(b), in accordance with the procedures otherwise applicable to the verification of a newly hired employee under this subsection.

Small business demonstration program

Section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1324a note) is amended— (1)by redesignating subsection (d) as subsection (e); and (2)by inserting after subsection (c) the following:

(d)

Small business demonstration program

The Director of United States Citizenship and Immigration Services shall establish, in a rural setting or in an area with fewer than 10,000 residents, a demonstration program that assists small businesses in verifying the employment eligibility of their newly hired employees.

Interagency nonconfirmation report

Section 405 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (Public Law 104–208; 8 U.S.C. 1324a note) is amended by adding at the end the following:

(c)

Interagency nonconfirmation report

The Director of United States Citizenship and Immigration Services shall submit a monthly report to the Assistant Secretary of Immigration and Customs Enforcement that includes, for each person who receives final nonconfirmation through the E-Verify Program— (1)the name of such person; (2)his or her Social Security number or alien file number; (3)the name and contact information for his or her current employer; and (4)any other critical information that the Assistant Secretary determines to be appropriate. (d)

Use of monthly report

The Secretary of Homeland Security may use information provided under subsection (c) to enforce compliance of the immigration laws of the United States.