[Congressional Record Volume 159, Number 14 (Thursday, January 31, 2013)]
[Senate]
[Pages S443-S444]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. GRASSLEY (for himself, Mr. Boozman, Mr. Corker, Mr. 
        Johanns, Mr. Lee, Mr. Sessions, Mr. Vitter, Mr. Wicker, Mrs. 
        Fischer, Mr. Hatch, and Mr. Enzi):
  S. 202. 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, along with several colleagues, I 
am introducing legislation to permanently authorize and expand the E-
Verify program. My bill, the Accountability Through Electronic 
Verification Act, wil1 be a tool for employers who want a legal 
workforce and it will enhance our ability to hold employers accountable 
for their hiring practices.
  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.
  Because identity theft and counterfeit documents became a thriving 
industry after the 1986 bill, Congress looked to create a program to 
help employers verify the work eligibility of its new hires. We created 
the Basic Pilot Program in 1996. Employers in this program can 
electronically verify a new hires' employment authorization by checking 
data of employees with records maintained by the Department of Homeland 
Security and the Social Security Administration.
  Currently, the E-Verify program is voluntary and free for all 
employers to use. It is a proven tool in combating illegal immigration. 
Today, I am proposing that the program be a staple in every workplace 
so that American workers are on a level playing field with cheaper 
foreign labor.
  My legislation would increase penalties on employers who continue to 
hire people unauthorized to work in the country. 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 temporary visas.
  My bill also addresses identity theft concerns. The Social Security 
Administration would be required to develop algorithm technology that 
would flag social security numbers that are being used more than once. 
For those who 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.
  While everyone may not agree with every aspect of this bill, it 
serves as a starting point for a much-needed conversation about 
worksite enforcement. The President and many members in Congress are 
going to make it a priority to pass an immigration reform bill this 
year. We need to act. We need change. We need a better system in place 
for future generations.
  Part of the discussion on immigration will be on a reliable 
employment verification program. People back home want employers to be 
held accountable. And, employers want to be responsible. People want to 
see our government do more to reduce the magnet for people to cross our 
borders illegally. We must take this opportunity to make sure that 
employers are abiding by, and able to abide by, the rules. Let us give 
them the tools they need to do that. I hope more colleagues will join 
me in my effort to achieve accountability through electronic 
verification and by making E-Verify a permanent program.

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