[Congressional Record Volume 157, Number 85 (Tuesday, June 14, 2011)]
[Senate]
[Pages S3783-S3784]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself, Mr. Sessions, Mr. Rubio, Mr. 
        Wicker, Mr. Boozman, Mr. Lee, Mr. Hatch, Mr. Vitter, Mr. 
        Coburn, and Mr. Corker):
  S. 1196. A bill to expand the use of E-Verify, to hold employers 
accountable, and for other purposes; to the Committee on the Judiciary.
  Mr. GRASSLEY. Mr. President, today, I am introducing legislation to 
expand the E-Verify program and enhance our ability to hold employers 
accountable for their hiring practices. I am pleased that several of my 
colleagues have joined me in cosponsoring this commonsense bill titled 
Accountability Through Electronic Verification Act.
  Known as the Basic Pilot Program, E-Verify currently provides 
employers with a simple, web-based tool to verify the work eligibility 
of new hires. In 1986, Congress made it unlawful for employers to 
knowingly hire or employ aliens not eligible to work in the United 
States. Under current law, if the documents provided by an employee 
reasonably appear on their face to be genuine, the employer has met its 
obligation to review the worker's documents.
  Unfortunately, since then, identity theft has soared and counterfeit 
documents have become a thriving industry. Because of this, Congress 
created the Basic Pilot Program in 1996. Employers in this program can 
electronically verify a new hires employment authorization with more 
than 455 million Social Security Administration records, more than 122 
million Department of State passport records, and more than 80 million 
Department of Homeland Security immigration records.
  This program is voluntary and free for all employers to use. In fact, 
it is currently used by 269,913 employers representing 903,358 hiring 
sites. More than 11.3 million queries have been made this year. During 
fiscal year 2010, more than 98.3 percent of those were verified almost 
instantly.
  Less than 1.7 percent of employees receive a tentative non-
confirmation, and must sort out their records with the Social Security 
Administration. Many times, it is a simple misunderstanding relating 
from a typo to neglecting to update records after a name change.
  With the program set to expire in a little over a year, I see the 
need to continue its use, without an expiration date. E-Verify is a 
proven tool in combatting illegal immigration. With the unemployment 
rate hovering around 9.1 percent, can we afford not to use every 
instrument available to ensure Americans and legal workers are the ones 
obtaining employment?
  My legislation would make E-Verify a staple in the workplace so that 
American workers are on a level playing field with cheaper labor. 
Should an employer refuse to participate, my bill increases the 
penalties currently used under the Immigration and Nationality Act. 
Employers would be required to check the status of current employees 
within 3 years, and would allow employers to run a check prior to 
offering a job, saving that employer valuable time and resources. 
Employers will also be required to re-check those workers whose 
authorization is about to expire, such as those who come to the United 
States on visas. These visas have expiration dates, and it is 
imperative we do not allow employers to aide in the overstaying of any 
alien.
  A commonsense fix that is also included would require the Social 
Security Administration to develop algorithm technology that would flag 
social security numbers that are being used more than once. You would 
think the Social Security Administration would already have this in 
place, but sadly they do not. This provision alone will save many from 
falling victim to identity theft.
  For those who do find themselves victim of identity theft, this bill 
would amend the criminal code to clarify identity fraud is punishable 
regardless if the defendant did not have knowledge of the victim. This 
provision stems from the 2009 Supreme Court decision holding that 
identity theft requires proof that an individual knew the number being 
used belonged to an actual person. This is a commonsense and long 
overdue provision. Anyone who has had their identity stolen by an 
illegal alien would agree. We need to strengthen our laws to deter the 
robust black market for fraudulent documents.
  Another provision in the bill, which I know will benefit many rural 
areas such as small towns in Iowa, would help those businesses without 
internet capabilities to participate in E-Verify. Requiring the U.S. 
Citizenship and Immigration Services to establish a demonstration 
project in these rural areas will greatly measure the needs of our 
rural employers and involve the small business community.
  Some may want to criticize the database used to check employees, but 
with continued enhancements, we are making great strides. For instance, 
just this past March, the Department of Homeland Security initiated the 
``Self Check'' program to allow workers in five States and the District 
of Columbia to self-check employment eligibility. One of my staffers 
used Self Check and received confirmation of work authorization almost 
instantly. The entire process took her less than 90 seconds.
  Another development is the recent launch to include U.S. passport 
photo matching capabilities. This further enhances the integrity of the 
program by enabling E-Verify to automatically check the validity and 
authenticity of all U.S. passports and passport cards presented for 
employment verification checks. E-Verify is supported by many. Most 
notably by DHS Secretary Janet Napolitano who has said, ``E-Verify is a 
smart, simple, and effective tool that allows us to work with employers 
to help them maintain a legal workforce.'' According to DHS, the ``E-
Verify program infrastructure is capable of handling the volume of 
queries that would be necessary for a nationwide mandatory employment 
verification system.'' DHS has been preparing for such an occasion, and 
I'm pleased to put forward my proposal today.
  For those who were here during the 2007 immigration debate, you may 
remember that I, Senator Baucus and then-Senator Obama worked very 
closely on the issue of employment verification. I have kept many of 
the principles agreed upon in 2007 and included them in this bill. With 
that said, I look forward to hearing from my colleagues with any ideas 
they may have to strengthen this system.
  While everyone may not agree with every aspect of this bill, it 
serves as a starting point for a much-needed conversation about illegal 
immigration and our struggling job market. People

[[Page S3784]]

back home want employers to be held accountable. They want to see our 
government do more to make sure we are reducing the magnet for people 
to cross our borders illegally. I hope more colleagues will join me in 
my effort to achieve accountability through electronic verification.
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