[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4430 Introduced in House (IH)]

<DOC>






118th CONGRESS
  1st Session
                                H. R. 4430

 To amend the Immigration and Nationality Act to provide for improved 
  data privacy in the operation of the employment verification system.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             June 30, 2023

  Mr. McCormick (for himself and Mr. Massie) introduced the following 
  bill; which was referred to the Committee on the Judiciary, and in 
addition to the Committee on Education and the Workforce, for a period 
    to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the 
                          committee concerned

_______________________________________________________________________

                                 A BILL


 
 To amend the Immigration and Nationality Act to provide for improved 
  data privacy in the operation of the employment verification system.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``E-Verify Data Privacy and Wrongful 
Unemployment Act of 2023''.

SEC. 2. DATA PRIVACY.

     Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended in subsection (d)(2)(D), to read as follows--
                    ``(D) Privacy of information.--
                            ``(i) In general.--Any verification system 
                        established by this Section or Section 401 of 
                        the Illegal Immigration Reform and Immigrant 
                        Responsibility Act of 1996 (8 U.S.C. 1324a 
                        note) must--
                                    ``(I) protect the privacy and 
                                security of personal information and 
                                identifiers utilized in the system; and
                                    ``(II) not include data pertaining 
                                to--
                                            ``(aa) race;
                                            ``(bb) religious, political 
                                        or philosophical beliefs;
                                            ``(cc) genetic data;
                                            ``(dd) biometric 
                                        information; or
                                            ``(ee) health information 
                                        or vaccination status.
                            ``(ii) Inspector general report.--The 
                        Inspector General of the Department of Homeland 
                        Security shall conduct an annual study, and 
                        publicly make available on its website a report 
                        thereon, determining if any verification system 
                        system established by this section or section 
                        401 of the Illegal Immigration Reform and 
                        Immigrant Responsibility Act of 1996 (8 U.S.C. 
                        1324a note) is being operated in accordance 
                        with this section, and other applicable laws, 
                        and shall specify any instance in which clause 
                        (i)(I) or (II) was violated.''.

SEC. 3. CORRECTING WRONGFUL UNEMPLOYMENT.

    (a) Temporary Employment on Good Faith Basis.--If an employer 
reasonably believes that any verification system established by section 
401 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note) wrongfully failed to verify an individual 
with a final nonconfirmation, that employer may hire that individual 
for not longer than 180 days. The employer shall inform the Secretary 
immediately of such believed wrongful failure, and of the employment of 
the individual. If the Secretary determines thereafter that the failure 
was not wrongful and informs the employer, the employer shall terminate 
the employment of that individual immediately.
    (b) Remedies.--If an individual alleges that the individual would 
not have been dismissed from a job or would have been hired for a job 
but for an error of any verification mechanism established by section 
401 of the Illegal Immigration Reform and Immigrant Responsibility Act 
of 1996 (8 U.S.C. 1324a note), the individual may seek compensation 
only through the mechanism of the chapter 171 of title 28, United 
States Code, and injunctive relief to correct such error. No class 
action may be brought under this paragraph.
                                 <all>