[Congressional Record Volume 161, Number 91 (Tuesday, June 9, 2015)]
[Senate]
[Pages S3949-S3951]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 1920. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 1463 proposed by Mr. McCain to the bill H.R. 1735, to
authorize appropriations for fiscal year 2016 for military activities
of the Department of Defense, for military construction, and for
defense activities of the Department of Energy, to prescribe military
personnel strengths for such fiscal year, and for other purposes; which
was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
Subtitle __E-Verify
SEC. __1. SHORT TITLE.
This subtitle may be cited as the ``Accountability Through
Electronic Verification Act''.
SEC. __2. PERMANENT REAUTHORIZATION.
Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of 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 on
September 30, 2015.''.
SEC. __3. MANDATORY USE OF E-VERIFY.
(a) Federal Government.--Section 402(e)(1) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Executive departments and agencies.--Each department
and agency of the Federal Government shall participate in E-
Verify by complying with the terms and conditions set forth
in this section.''; and
(2) in subparagraph (B), by striking ``, that conducts
hiring in a State'' and all that follows and inserting
``shall participate in E-Verify by complying with the terms
and conditions set forth in this section.''.
(b) Federal Contractors; Critical Employers.--Section
402(e) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, as amended by subsection (a), is
further amended--
(1) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), 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 E-Verify by complying with
the terms and conditions set forth in this section.
``(3) Designation of critical employers.--Not later than 7
days after the date of the enactment of this paragraph, the
Secretary of Homeland Security shall--
``(A) conduct an assessment of employers that are critical
to the homeland security or national security needs of the
United States;
``(B) designate and publish a list of employers and classes
of employers that are deemed to be critical pursuant to the
assessment conducted under subparagraph (A); and
``(C) require that critical employers designated pursuant
to subparagraph (B) participate in E-Verify by complying with
the terms and conditions set forth in this section not later
than 30 days after the Secretary makes such designation.''.
(c) All Employers.--Section 402 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, as amended
by this section, is further amended--
(1) by redesignating subsection (f) as subsection (g); and
(2) by inserting after subsection (e) the following:
``(f) Mandatory Participation in E-Verify.--
``(1) In general.--Subject to paragraphs (2) and (3), all
employers in the United States shall participate in E-Verify,
with respect to all employees recruited, referred, or hired
by such employer on or after the date that is 1 year after
the date of the enactment of this subsection.
``(2) Use of contract labor.--Any employer who uses a
contract, subcontract, or exchange to obtain the labor of an
individual in the United States shall certify in such
contract, subcontract, or exchange that the employer uses E-
Verify. If such certification is not included in a contract,
subcontract, or exchange, the employer shall be deemed to
have violated paragraph (1).
``(3) Interim mandatory participation.--
``(A) In general.--Before the date set forth in paragraph
(1), the Secretary of Homeland Security shall require any
employer or class of employers to participate in E-Verify,
with respect to all employees recruited, referred, or hired
by such employer if the Secretary has reasonable cause to
believe that the employer is or has been engaged in a
material violation of section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a).
``(B) Notification.--Not later than 14 days before an
employer or class of employers is required to begin
participating in E-Verify pursuant to subparagraph (A), the
Secretary shall provide such employer or class of employers
with--
``(i) written notification of such requirement; and
``(ii) appropriate training materials to facilitate
compliance with such requirement.''.
SEC. __4. CONSEQUENCES OF FAILURE TO PARTICIPATE.
(a) In General.--Section 402(e)(5) of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note), as redesignated by section _3(b)(1),
is amended to read as follows:
``(5) Consequences of failure to participate.--If a person
or other entity that is required to participate in E-Verify
fails to comply with the requirements under this title with
respect to an individual--
``(A) such failure shall be treated as a violation of
section 274A(a)(1)(B) with respect to such individual; and
``(B) a rebuttable presumption is created that the person
or entity has violated section 274A(a)(1)(A).''.
(b) Penalties.--Section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a) is amended--
(1) in subsection (e)--
(A) in paragraph (4)--
(i) in subparagraph (A), in the matter preceding clause
(i), by inserting ``, subject to paragraph (10),'' after ``in
an amount'';
(ii) in subparagraph (A)(i), by striking ``not less than
$250 and not more than $2,000'' and inserting ``not less than
$2,500 and not more than $5,000'';
(iii) in subparagraph (A)(ii), by striking ``not less than
$2,000 and not more than $5,000'' and inserting ``not less
than $5,000 and not more than $10,000'';
(iv) in subparagraph (A)(iii), by striking ``not less than
$3,000 and not more than $10,000'' and inserting ``not less
than $10,000 and not more than $25,000''; and
(v) by amending subparagraph (B) to read as follows:
``(B) may require the person or entity to take such other
remedial action as is appropriate.'';
(B) in paragraph (5)--
(i) by inserting ``, subject to paragraphs (10) through
(12),'' after ``in an amount'';
(ii) by striking ``$100'' and inserting ``$1,000'';
(iii) by striking ``$1,000'' and inserting ``$25,000'';
(iv) by striking ``the size of the business of the employer
being charged, the good faith of the employer'' and inserting
``the good faith of the employer being charged''; and
(v) by adding at the end the following: ``Failure by a
person or entity to utilize the employment eligibility
verification system as required by law, or providing
information to the system that the person or entity knows or
reasonably believes to be false, shall be treated as a
violation of subsection (a)(1)(A).''; and
(C) by adding at the end the following:
``(10) Exemption from penalty.--In the case of imposition
of a civil penalty under paragraph (4)(A) with respect to a
violation of paragraph (1)(A) or (2) of subsection (a) for
hiring or continuation of employment or recruitment or
referral by person or entity and in the case of imposition of
a civil penalty under paragraph (5) for a violation of
subsection (a)(1)(B) for hiring or recruitment or referral by
a person or entity, the penalty otherwise imposed may be
waived or reduced if the violator establishes that the
violator acted in good faith.
``(11) Authority to debar employers for certain
violations.--
``(A) In general.--If a person or entity is determined by
the Secretary of Homeland Security to be a repeat violator of
paragraph (1)(A) or (2) of subsection (a), or is convicted of
a crime under this section, such person or entity may be
considered for debarment from the receipt of Federal
contracts, grants, or cooperative agreements in accordance
with the debarment standards and pursuant to the debarment
procedures set forth in the Federal Acquisition Regulation.
``(B) Does not have contract, grant, agreement.--If the
Secretary of Homeland Security or the Attorney General wishes
to have a person or entity considered for debarment in
accordance with this paragraph, and such an person or entity
does not hold a Federal contract, grant or cooperative
agreement, the Secretary or Attorney General shall refer the
matter to the Administrator
[[Page S3950]]
of General Services to determine whether to list the person
or entity on the List of Parties Excluded from Federal
Procurement, and if so, for what duration and under what
scope.
``(C) Has contract, grant, agreement.--If the Secretary of
Homeland Security or the Attorney General wishes to have a
person or entity considered for debarment in accordance with
this paragraph, and such person or entity holds a Federal
contract, grant or cooperative agreement, the Secretary or
Attorney General shall advise all agencies or departments
holding a contract, grant, or cooperative agreement with the
person or entity of the Government's interest in having the
person or entity considered for debarment, and after
soliciting and considering the views of all such agencies and
departments, the Secretary or Attorney General may waive the
operation of this paragraph or refer the matter to any
appropriate lead agency to determine whether to list the
person or entity on the List of Parties Excluded from Federal
Procurement, and if so, for what duration and under what
scope.
``(D) Review.--Any decision to debar a person or entity
under in accordance with this paragraph shall be reviewable
pursuant to part 9.4 of the Federal Acquisition
Regulation.''; and
(2) in subsection (f)--
(A) by amending paragraph (1) to read as follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a)(1)
or (2) shall be fined not more than $15,000 for each
unauthorized alien with respect to which such a violation
occurs, imprisoned for not less than 1 year and not more than
10 years, or both, notwithstanding the provisions of any
other Federal law relating to fine levels.''; and
(B) in paragraph (2), by striking ``Attorney General'' each
place it appears and inserting ``Secretary of Homeland
Security''.
SEC. __5. PREEMPTION; LIABILITY.
Section 402 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), as amended
by this subtitle, is further amended by adding at the end the
following:
``(h) Limitation on State Authority.--
``(1) Preemption.--A State or local government may not
prohibit a person or other entity from verifying the
employment authorization of new hires or current employees
through E-Verify.
``(2) Liability.--A person or other entity that
participates in E-Verify may not be held liable under any
Federal, State, or local law for any employment-related
action taken with respect to the wrongful termination of an
individual in good faith reliance on information provided
through E-Verify.''.
SEC. __6. EXPANDED USE OF E-VERIFY.
Section 403(a)(3)(A) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is
amended to read as follows:
``(A) In general.--
``(i) Before hiring.--The person or other entity may verify
the employment eligibility of an individual through E-Verify
before the individual is hired, recruited, or referred if the
individual consents to such verification. If an employer
receives a tentative nonconfirmation for an individual, the
employer shall comply with procedures prescribed by the
Secretary, including--
``(I) providing the individual employees with private,
written notification of the finding and written referral
instructions;
``(II) allowing the individual to contest the finding; and
``(III) not taking adverse action against the individual if
the individual chooses to contest the finding.
``(ii) After employment offer.--The person or other entity
shall verify the employment eligibility of an individual
through E-Verify not later than 3 days after the date of the
hiring, recruitment, or referral, as the case may be.
``(iii) Existing employees.--Not later than 3 years after
the date of the enactment of the Accountability Through
Electronic Verification Act, the Secretary shall require all
employers to use E-Verify to verify the identity and
employment eligibility of any individual who has not been
previously verified by the employer through E-Verify.''.
SEC. __7. REVERIFICATION.
Section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is
amended by adding at the end the following:
``(5) Reverification.--Each person or other entity
participating in E-Verify shall use the E-Verify 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 Secretary or the documents provided to
the employer pursuant to section 274A(b) of the Immigration
and Nationality Act (8 U.S.C. 1324a(b))), in accordance with
the procedures set forth in this subsection and section
402.''.
SEC. __8. HOLDING EMPLOYERS ACCOUNTABLE.
(a) Consequences of Nonconfirmation.--Section 403(a)(4)(C)
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended
to read as follows:
``(C) Consequences of nonconfirmation.--
``(i) Termination and notification.--If the person or other
entity receives a final nonconfirmation regarding an
individual, the employer shall immediately--
``(I) terminate the employment, recruitment, or referral of
the individual; and
``(II) submit to the Secretary any information relating to
the individual that the Secretary determines would assist the
Secretary in enforcing or administering United States
immigration laws.
``(ii) Consequence of continued employment.--If the person
or other entity continues to employ, recruit, or refer the
individual after receiving final nonconfirmation, a
rebuttable presumption is created that the employer has
violated section 274A of the Immigration and Nationality Act
(8 U.S.C. 1324a).''.
(b) Interagency Nonconfirmation Report.--Section 405 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996 (8 U.S.C. 1324a note) is amended by adding at the end
the following:
``(c) Interagency Nonconfirmation Report.--
``(1) In general.--The Director of U.S. Citizenship and
Immigration Services shall submit a weekly report to the
Assistant Secretary of Immigration and Customs Enforcement
that includes, for each individual who receives final
nonconfirmation through E-Verify--
``(A) the name of such individual;
``(B) his or her Social Security number or alien file
number;
``(C) the name and contact information for his or her
current employer; and
``(D) any other critical information that the Assistant
Secretary determines to be appropriate.
``(2) Use of weekly report.--The Secretary of Homeland
Security shall use information provided under paragraph (1)
to enforce compliance of the United States immigration
laws.''.
SEC. __9. INFORMATION SHARING.
The Commissioner of Social Security, the Secretary of
Homeland Security, and the Secretary of the Treasury shall
jointly establish a program to share information among such
agencies that may or could lead to the identification of
unauthorized aliens (as defined in section 274A(h)(3) of the
Immigration and Nationality Act), including any no-match
letter and any information in the earnings suspense file.
SEC. __10. FORM I-9 PROCESS.
Not later than 9 months after the date of the enactment of
this Act, the Secretary of Homeland Security shall submit a
report to Congress that contains recommendations for--
(1) modifying and simplifying the process by which
employers are required to complete and retain a Form I-9 for
each employee pursuant to section 274A of the Immigration and
Nationality Act (8 U.S.C. 1324a); and
(2) eliminating the process described in paragraph (1).
SEC. __11. ALGORITHM.
Section 404(d) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is
amended to read as follows:
``(d) Design and Operation of System.--E-Verify shall be
designed and operated--
``(1) to maximize its reliability and ease of use by
employers;
``(2) to insulate and protect the privacy and security of
the underlying information;
``(3) to maintain appropriate administrative, technical,
and physical safeguards to prevent unauthorized disclosure of
personal information;
``(4) to respond accurately to all inquiries made by
employers on whether individuals are authorized to be
employed;
``(5) to register any times when E-Verify is unable to
receive inquiries;
``(6) to allow for auditing use of the system to detect
fraud and identify theft;
``(7) to preserve the security of the information in all of
the system by--
``(A) developing and using algorithms to detect potential
identity theft, such as multiple uses of the same identifying
information or documents;
``(B) developing and using algorithms to detect misuse of
the system by employers and employees;
``(C) developing capabilities to detect anomalies in the
use of the system that may indicate potential fraud or misuse
of the system; and
``(D) auditing documents and information submitted by
potential employees to employers, including authority to
conduct interviews with employers and employees;
``(8) to confirm identity and work authorization through
verification of records maintained by the Secretary, other
Federal departments, States, the Commonwealth of the Northern
Mariana Islands, or an outlying possession of the United
States, as determined necessary by the Secretary, including--
``(A) records maintained by the Social Security
Administration;
``(B) birth and death records maintained by vital
statistics agencies of any State or other jurisdiction in the
United States;
``(C) passport and visa records (including photographs)
maintained by the Department of State; and
``(D) State driver's license or identity card information
(including photographs) maintained by State department of
motor vehicles;
``(9) to electronically confirm the issuance of the
employment authorization or identity document; and
``(10) to display the digital photograph that the issuer
placed on the document so that
[[Page S3951]]
the employer can compare the photograph displayed to the
photograph on the document presented by the employee or, in
exceptional cases, if a photograph is not available from the
issuer, to provide for a temporary alternative procedure,
specified by the Secretary, for confirming the authenticity
of the document.''.
SEC. __12. IDENTITY THEFT.
Section 1028 of title 18, United States Code, is amended--
(1) in subsection (a)(7), by striking ``of another person''
and inserting ``that is not his or her own''; and
(2) in subsection (b)(3)--
(A) in subparagraph (B), by striking ``or'' at the end;
(B) in subparagraph (C), by adding ``or'' at the end; and
(C) by adding at the end the following:
``(D) to facilitate or assist in harboring or hiring
unauthorized workers in violation of section 274, 274A, or
274C of the Immigration and Nationality Act (8 U.S.C. 1324,
1324a, and 1324c).''.
SEC. __13. SMALL BUSINESS DEMONSTRATION PROGRAM.
Section 403 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (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.--Not later than
9 months after the date of the enactment of the
Accountability Through Electronic Verification Act, the
Director of U.S. Citizenship and Immigration Services shall
establish a demonstration program that assists small
businesses in rural areas or areas without internet
capabilities to verify the employment eligibility of newly
hired employees solely through the use of publicly accessible
internet terminals.''.
______