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Mandatory E-Verify Act of 2026
Introduced May 21, 2026 · Last action May 21, 2026 — Read twice and referred to the Committee on the Judiciary.
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Summary
The Mandatory E-Verify Act of 2026 would require all employers in the US to use a government-run system called E-Verify to check the immigration status of new hires. This would affect many workers, especially those in industries with high turnover rates, and could lead to more accurate and efficient hiring processes.
Full bill text
[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 4620 Introduced in Senate (IS)]
<DOC>
119th CONGRESS
2d Session
S. 4620
To permanently establish the E-Verify employment eligibility
verification system, to mandate the use of E-Verify by all employers,
and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
May 21, 2026
Mrs. Britt (for herself, Mr. Cotton, Mr. Budd, Mr. Lankford, Mr.
Graham, Mr. Tuberville, Mrs. Capito, Mr. Cruz, Mrs. Blackburn, and Mrs.
Hyde-Smith) introduced the following bill; which was read twice and
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To permanently establish the E-Verify employment eligibility
verification system, to mandate the use of E-Verify by all employers,
and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Mandatory E-Verify
Act of 2026''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Establishment of permanent E-Verify.
Sec. 3. Mandatory E-Verify for all employers.
Sec. 4. Penalty for failure to use E-Verify.
Sec. 5. Enhanced penalties for unauthorized employment.
Sec. 6. E-Verify self-check.
Sec. 7. E-Verify process.
Sec. 8. Good faith defense.
Sec. 9. Preemption.
Sec. 10. Access to information.
Sec. 11. Fraud and misuse of documents.
Sec. 12. Fraud prevention.
Sec. 13. Protection of Social Security Administration programs.
Sec. 14. Inspector General audits.
Sec. 15. Recruitment, referral, and continuation of employment.
Sec. 16. Definitions.
SEC. 2. ESTABLISHMENT OF PERMANENT E-VERIFY.
(a) Establishment of Permanent E-Verify.--Section 274A(d) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)) is amended to read
as follows:
``(d) Establishment of Permanent E-Verify.--
``(1) In general.--On the date of the enactment of the
Mandatory E-Verify Act of 2026, the Secretary of Homeland
Security shall permanently establish E-Verify, based on the E-
Verify pilot program implemented under section 401(c)(1) of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), in a manner that--
``(A) responds to inquiries made by persons through
a website, mobile application, or other toll-free
electronic media, as determined by the Secretary,
concerning--
``(i) an individual's identity; and
``(ii) whether such individual is
authorized to be employed in the United States;
and
``(B) maintains records of--
``(i) the inquiries that were made;
``(ii) the verifications that were provided
(or not provided); and
``(iii) the codes provided to inquirers as
evidence of their compliance with their
obligations under E-Verify.
``(2) Responses.--
``(A) Initial responses.--E-Verify shall provide
confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility not
later than 3 business days after the initial inquiry.
If providing confirmation or tentative nonconfirmation,
E-Verify shall provide an appropriate code indicating
such confirmation or such nonconfirmation.
``(B) Secondary confirmation process in case of
tentative nonconfirmation.--
``(i) In general.--In cases of tentative
nonconfirmation, the Secretary shall specify,
in consultation with the Commissioner of Social
Security, an available secondary verification
process to confirm the validity of information
provided and to provide a final confirmation or
nonconfirmation not later than 10 business days
after the date on which the notice of the
tentative nonconfirmation is provided by the
Secretary.
``(ii) Extensions.--The Secretary, in
consultation with the Commissioner--
``(I) may extend the deadline under
clause (i) once, on a case-by-case
basis, for a period of 10 business
days; and
``(II) if such deadline is
extended, shall document such extension
within the verification system.
``(iii) Notifications.--The Secretary, in
consultation with the Commissioner, shall
immediately notify the employee and employer of
any tentative nonconfirmation under clause (i),
which shall include--
``(I) guidance to the prospective
employee regarding the secondary
verification process; and
``(II) any extension granted under
clause (ii).
``(iv) Process.--The Secretary, in
consultation with the Commissioner, shall--
``(I) create a standard process for
extensions and notifications under this
paragraph; and
``(II) make a description of such
process available to the public.
``(v) Code.--When final confirmation or
nonconfirmation is provided, the verification
system shall provide an appropriate code
indicating such confirmation or
nonconfirmation.
``(3) Design and operation of e-verify.--E-Verify shall be
designed and operated--
``(A) to maximize its reliability and ease of use
by persons and other entities consistent with
insulating and protecting the privacy and security of
the underlying information;
``(B) to respond to all inquiries made by such
persons and entities on whether individuals are
authorized to be employed and to register all times
when such inquiries are not received;
``(C) to prevent unauthorized disclosure of
personal information through appropriate
administrative, technical, and physical safeguards;
``(D) to include reasonable safeguards against
unlawful discriminatory practices based on national
origin or citizenship status, including--
``(i) the selective or unauthorized use of
E-Verify to verify eligibility; or
``(ii) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional
verification will be required, beyond what is
required for most job applicants;
``(E) to maximize the prevention of identity theft
use in the system;
``(F) to limit the subjects of verification to--
``(i) individuals hired, referred, or
recruited, in accordance with paragraph (1) or
(4) of subsection (b);
``(ii) employees and prospective employees,
in accordance with paragraph (1), (2), (3), or
(4) of subsection (b); and
``(iii) individuals seeking to confirm
their own employment eligibility on a voluntary
basis; and
``(G) to confirm identity and employment
authorization through verification and comparison of
records maintained by the Department of Homeland
Security, other Federal departments, States, or
outlying possessions of the United States, as
determined necessary by the Secretary of Homeland
Security, including--
``(i) records maintained by the Social
Security Administration;
``(ii) passports, passport cards, and visa
records (including photographs) maintained by
the Department of State;
``(iii) notwithstanding section 6103 of the
Internal Revenue Code of 1986 or any other
provision of law, Employer Identification
Number records maintained by the Internal
Revenue Service;
``(iv) State driver's license or identity
card information (including photographs)
maintained by the Department of Motor Vehicles
of a State or outlying possession; and
``(v) any other Federal records that the
Secretary of Homeland Security determines to be
relevant and necessary for such purpose.
``(4) Responsibilities of commissioner of social
security.--
``(A) In general.--The Commissioner of Social
Security, in consultation with the Secretary of
Homeland Security (and any designee of the Secretary
selected to establish and administer the verification
system), shall establish a reliable, secure, electronic
method within E-Verify, which, within the periods
specified in subparagraphs (A) and (B) of paragraph
(2), compares the name and Social Security account
number provided in an inquiry against such information
maintained by the Commissioner in order to validate (or
not validate)--
``(i) the information provided regarding
each individual whose identity and employment
eligibility is being confirmed;
``(ii) the correspondence of the name and
number; and
``(iii) whether the individual has
presented a Social Security account number that
is not valid for employment.
``(B) Limitation on disclosures.--The Commissioner
may not disclose or release Social Security information
(other than such confirmation or nonconfirmation) under
E-Verify except as provided for in this section or
section 205(c)(2)(I) of the Social Security Act (42
U.S.C. 405(c)(2)(I)).
``(5) Responsibilities of secretary of homeland security.--
The Secretary of Homeland Security, in consultation with any
designee of the Secretary selected to establish and administer
the verification system, shall establish a reliable, secure,
electronic method within E-Verify, which, within the periods
specified in subparagraphs (A) and (B) of paragraph (2),
compares the name and alien identification or authorization
number (or any other information as determined relevant by the
Secretary) which are provided in an inquiry against such
information maintained or accessed by the Secretary--
``(A) to validate (or not validate)--
``(i) the information provided regarding
each individual whose identity and employment
eligibility is being confirmed;
``(ii) the correspondence of the name and
number; and
``(iii) whether the alien is authorized to
be employed in the United States; or
``(B) to the extent that the Secretary determines
to be feasible and appropriate, to determine whether
the records available to the Secretary verify the
identity or status of a national of the United States.
``(6) Responsibilities of the secretary of state.--The
Secretary of State, in consultation with the Secretary of
Homeland Security and any designee of the Secretary of Homeland
Security selected to establish and administer the verification
system, shall establish a reliable, secure method, that
compares and provides, within the time periods required under
paragraphs (2) and (3), a confirmation or nonconfirmation of
the name and passport, passport card, or visa number provided
in an inquiry against such information maintained by the
Secretary of State in order to confirm (or to not confirm) the
information provided regarding an individual whose identity and
employment eligibility must be confirmed.
``(7) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall
immediately, and not later than 3 business days after receiving
updated information, update their information in a manner that
promotes the maximum accuracy and shall provide a process for
the prompt correction of erroneous information, including
instances in which it is brought to their attention in the
secondary verification process described in paragraph (2)(B).
``(8) No national identification card.--Nothing in this
subsection, or in the Mandatory E-Verify Act of 2026, may be
construed to directly or indirectly authorize--
``(A) the issuance or use of national
identification cards; or
``(B) the establishment of a national
identification card.
``(9) Remedies.--
``(A) In general.--If an individual alleges that
the individual would not have been dismissed from a job
absent an error of the verification mechanism, the
individual may seek--
``(i) compensation only through the
mechanism of chapter 171 of title 28, United
States Code (commonly known as the `Federal
Tort Claims Act'); and
``(ii) injunctive relief to correct such
error.
``(B) Class actions.--No class action may be
brought under this subsection.''.
(b) Conforming Amendments.--Section 401 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is amended--
(1) by amending the section heading to read as follows:
``e-verify'';
(2) in subsection (a), by striking ``3 pilot programs of
employment eligibility confirmation'' and inserting ``E-
Verify''; and
(3) in subsection (b)--
(A) in the subsection heading, by striking ``;
Termination''; and
(B) by striking ``Unless the Congress otherwise
provides, the Secretary of Homeland Security shall
terminate a pilot program on September 30, 2015.''.
(c) Transition From Pilot to Permanent E-Verify Program.--
(1) In general.--Subtitle A of title IV of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is repealed.
(2) References.--Any reference in any Federal law,
Executive order, rule, regulation, or delegation of authority,
or any document of, or pertaining to, the Department of
Homeland Security, the Department of Justice, or the Social
Security Administration, to the employment eligibility
confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note) is deemed to refer to E-Verify,
which has been permanently established pursuant to subsection
(a).
(3) Clerical amendment.--The table of contents in section
1(d) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208)
is amended by striking the items relating to subtitle A of
title IV.
(4) Effective date.--This subsection shall take effect on
the date that is 90 days after the date of the enactment of
this Act.
(d) Funding.--
(1) Transfers.--On the first day of each fiscal year
beginning after the date of the enactment of this Act, the
Secretary of the Treasury shall transfer $100,000,000 in
unobligated funds from the general fund of the Treasury to the
Department of Homeland Security, which shall be used to carry
out E-Verify.
(2) Authorization of appropriations.--In addition to the
amounts transferred pursuant to paragraph (1), there are
authorized to be appropriated $100,000,000, for fiscal year
2027, and for each successive fiscal year, to carry out E-
Verify.
(e) Reporting Requirements.--
(1) Defined term.--In this subsection, the term
``appropriate congressional committees'' means--
(A) the Committee on the Judiciary of the Senate;
(B) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(C) the Committee on the Judiciary of the House of
Representatives; and
(D) the Committee on Homeland Security of the House
of Representatives.
(2) Permanent e-verify initial report.--Not later than 180
days after the date of the enactment of this Act, the President
shall submit a report to the appropriate congressional
committees describing the implementation of the permanent E-
Verify Program, including--
(A) any significant changes made from the E-Verify
Pilot Program in existence on the day before the date
of the enactment of this Act;
(B) any additional planned changes to streamline or
improve the permanent E-Verify Program; and
(C) a classified appendix, if necessary, to discuss
sensitive topics, such as measures to prevent
unauthorized disclosure of personal information.
(3) Permanent e-verify annual report.--Not later than 1
year after the submission of the report under paragraph (2),
and annually thereafter, the President shall submit a report to
the appropriate congressional committees, the Committee on
Appropriations of the Senate, and the Committee on
Appropriations of the House of Representatives describing the
status of the permanent E-Verify Program, including--
(A) statistics on use, confirmations, tentative and
final nonconfirmations, and response times; and
(B) information regarding the costs of the program,
including an accounting of any increases in costs that
occurred during the previous year.
SEC. 3. MANDATORY E-VERIFY FOR ALL EMPLOYERS.
(a) In General.--Any person or other entity hiring, recruiting, or
referring an individual for employment in the United States shall
utilize E-Verify in accordance with this section.
(b) Implementation Timeline.--
(1) Hiring.--Except as provided in paragraphs (3) and (4),
an employer shall use E-Verify whenever hiring an individual
for employment in the United States beginning--
(A) on the date that is 6 months after the date of
the enactment of this Act if the employer has 10,000 or
more employees in the United States on such date of
enactment;
(B) on the date that is 9 months after the date of
the enactment of this Act if the employer has at least
500 employees in the United States and fewer than
10,000 employees in the United States on such date of
enactment;
(C) on the date that is 1 year after the date of
the enactment of this Act if the employer has at least
20 employees in the United States and fewer than 500
employees in the United States on such date of
enactment;
(D) on the date that is 18 months after the date of
the enactment of this Act if the employer has at least
1 employee in the United States and fewer than 20
employees in the United States on such date of
enactment; and
(E) on the date that is 1 year after the date of
the enactment of this Act for any new employer.
(2) Recruiting and referring.--Except as provided in
paragraph (3), the requirement under subsection (a) shall apply
to a person or other entity recruiting or referring an
individual for employment in the United States beginning on the
date that is 1 year after the date of the enactment of this
Act.
(3) Agricultural labor or services.--Notwithstanding
paragraph (1), the requirement under subsection (a) shall not
apply to the verification of employment eligibility for
employees performing agricultural labor or services until on or
after the date that is 18 months after the date of the
enactment of this Act.
(4) Critical infrastructure.--The Secretary of Homeland
Security shall authorize and direct any person or entity
responsible for granting access to, protecting, securing,
operating, administering, or regulating part of the critical
infrastructure (as defined in section 1016(e) of the Critical
Infrastructure Protection Act of 2001 (42 U.S.C. 5195c(e))) to
use E-Verify whenever hiring an individual for employment in
the United States on or after the date that is 6 months after
the date of the enactment of this Act.
(5) Use of contract labor.--Any employer that uses a
contract, subcontract, or exchange to obtain the labor of an
individual in the United States after the applicable effective
date under paragraphs (1) through (4) shall certify, in such
contract, subcontract, or exchange, that the employer, and all
parties to such contract, subcontract, or exchange, use E-
Verify.
(6) Transition rule.--Any person or other entity hiring,
recruiting, or referring an individual for employment in the
United States before the applicable effective date under
paragraphs (1) through (4) shall be subject to any other
provision of Federal law requiring the person or entity to
participate in the E-Verify Pilot Program described in section
403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), as in effect
before the date of the enactment of this Act, including
Executive Order 13465 (8 U.S.C. 1324a note), and all references
to the E-Verify Pilot Program or a requirement to participate
in an employment verification program, shall be deemed to refer
to the E-Verify program established under section 401 of such
Act.
(c) Early Compliance.--
(1) Former e-verify required users, including federal
contractors.--Notwithstanding the deadlines set forth in
subsection (b)(1), beginning on the date of the enactment of
this Act, the Secretary of Homeland Security shall require
employers required to participate in E-Verify described in
section 403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note), including
employers required to participate in such program by reason of
Federal acquisition laws (and regulations promulgated under
those laws, including the Federal Acquisition Regulation), to
use E-Verify (and comply with any additional requirements of
such Federal acquisition laws and regulation).
(2) Former e-verify voluntary users and others desiring
early compliance.--Notwithstanding the deadlines set forth in
subsection (b)(1), beginning on the date of the enactment of
this Act, the Secretary of Homeland Security shall provide for
the voluntary use of E-Verify by employers voluntarily electing
to participate in the E-Verify program described in section
403(a) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) before such
date, and by other employers seeking voluntary early
compliance.
SEC. 4. PENALTY FOR FAILURE TO USE E-VERIFY.
If a person or entity fails to utilize E-Verify in accordance with
this Act and the amendments made by this Act, including failing to
comply with section 3(b)(5) or providing information to the system that
the person or entity knows or reasonably believes to be false, such
failure shall be treated as a violation of paragraph (1)(A), (1)(B), or
(2) of section 274A(a) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)), as applicable.
SEC. 5. ENHANCED PENALTIES FOR UNAUTHORIZED EMPLOYMENT.
(a) In General.--Section 274A of the Immigration and Nationality
Act (8 U.S.C. 1324a) is amended--
(1) in subsection (e)--
(A) in paragraph (1)--
(i) by striking ``Attorney General'' each
place such term appears and inserting
``Secretary of Homeland Security''; and
(ii) in subparagraph (D), by striking
``Service'' and inserting ``Department of
Homeland Security'';
(B) in paragraph (4)--
(i) in subparagraph (A)--
(I) 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''; and
(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
(ii) by amending subparagraph (B) to read
as follows:
``(B) may require the person or entity to take
appropriate remedial action.'';
(C) in paragraph (5)--
(i) in the paragraph heading, by striking
``paperwork'';
(ii) by inserting ``, subject to paragraphs
(10) through (12),'' after ``in an amount'';
and
(iii) by striking ``$100 and not more than
$1,000'' and inserting ``$1,000 and not more
than $25,000''; and
(D) by adding at the end the following:
``(10) Adjustment of penalty for good faith violation.--The
Secretary of Homeland Security or the Attorney General may
waive or reduce 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) or a civil penalty under
paragraph (5) (with respect to a violation of subsection
(a)(1)(B) for hiring or recruitment or referral by a person or
entity) if the violator establishes that the violator acted in
good faith.
``(11) Mitigation.--The size of the business shall be taken
into account when assessing the level of civil money penalty
under paragraph (4).
``(12) Authority to debar employers for certain
violations.--
``(A) In general.--If the Secretary of Homeland
Security determines that a person or entity is 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 proposed 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, or
agreement.--If the Secretary of Homeland Security or
the Attorney General determines that a person or entity
should be proposed for debarment in accordance with
subparagraph (A), and such person or entity does not
hold a Federal contract, grant or cooperative
agreement, the Secretary or the Attorney General shall
refer the matter to the Administrator of General
Services to determine--
``(i) whether to list the person or entity
on the List of Parties Excluded from Federal
Procurement; and
``(ii) if the person or entity is included
on such list, the duration and scope of such
inclusion.
``(C) Has contract, grant, agreement.--If the
Secretary of Homeland Security or the Attorney General
determines that a person or entity should be proposed
for debarment in accordance with subparagraph (A), and
such person or entity holds a Federal contract, grant
or cooperative agreement, the Secretary or the Attorney
General--
``(i) 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 proposed for debarment; and
``(ii) after soliciting and considering the
views of all such agencies and departments, may
refer the matter to any appropriate lead agency
to determine--
``(I) whether to list the person or
entity on the List of Parties Excluded
from Federal Procurement; and
``(II) if the person or entity is
included on such list, the duration and
scope of such inclusion.
``(D) Review.--Any decision to debar a person or
entity under this paragraph shall be reviewable
pursuant to part 9.4 of the Federal Acquisition
Regulation.
``(13) Continued employment after final nonconfirmation.--
If a person or other entity continues to employ (or to recruit
or refer) an individual after receiving final nonconfirmation,
a rebuttable presumption is created that the person or entity
has violated subsection (a)(1)(A).''; and
(2) in subsection (f), by amending paragraph (1) to read as
follows:
``(1) Criminal penalty.--Any person or entity that engages
in a pattern or practice of violations of paragraph (1) or (2)
of subsection (a) shall be fined not more than $30,000 for each
unauthorized alien with respect to which such a violation
occurs, imprisoned for not more than 18 months, or both.''.
(b) Effective Date.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by subsection (a) shall take effect on the date
of the enactment of this Act.
(2) Continued employment after final nonconfirmation.--
(A) In general.--Paragraph (13) of section 274A(e)
of the Immigration and Nationality Act, as added by
subsection (a)(1)(D), shall take effect on the date
that is 6 months after the date of the enactment of
this Act.
(B) Penalty calculations.--The calculation of any
penalties under section 274A(f) of the Immigration and
Nationality Act, as amended by subsection (a)(2), shall
not include any period of continuing employment before
the effective date referred to in subparagraph (A).
SEC. 6. E-VERIFY SELF-CHECK.
(a) In General.--The Secretary of Homeland Security, in
consultation with the Commissioner of Social Security, shall establish
a secure self-verification procedure to permit an individual to verify
his or her employment eligibility.
(b) Elements.--The self-verification procedure established under
subsection (a)--
(1) shall be subject to appropriate safeguards to prevent
misuse of the confirmation system, including requiring
employees or applicants--
(A) to use any self-verification feature; or
(B) to provide the employer with self-verification
results; and
(2) shall allow individuals to contact the appropriate
agency to correct or update the information contained in the
confirmation system.
SEC. 7. E-VERIFY PROCESS.
Section 274A(b) of the Immigration and Nationality Act (8 U.S.C.
1324a(b)) is amended to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) New hires, recruitment, and referral.--A person or
other entity hiring, recruiting, or referring an individual for
employment in the United States shall be subject to the
following requirements:
``(A) Attestation after examination of
documentation.--
``(i) Attestation.--During the verification
period, the person or entity shall attest, by
either a handwritten or electronic signature,
under penalty of perjury, on a form, including
electronic formats, designated or established
by the Secretary by regulation not later than 6
months after the date of the enactment of the
Mandatory E-Verify Act of 2026, that the person
or entity has verified that the individual is
not an unauthorized alien by--
``(I)(aa) obtaining from the
individual the individual's Social
Security account number or United
States passport number and recording
the number on the form;
``(bb) if the individual does not
attest to United States nationality
under subparagraph (B), obtaining such
identification or authorization number
established by the Department of
Homeland Security for the alien as the
Secretary of Homeland Security may
specify, and recording such number on
the form;
``(II) examining, in a manner
prescribed by the Secretary--
``(aa) a document described
in clause (ii) that relates to
the individual presenting the
document; or
``(bb) a document described
in clause (iii) that relates to
the individual presenting the
document and a document
described in clause (iv) that
relates to the individual
presenting the document; and
``(III) matching the photograph on
a document described in subclause (II)
that relates to the individual
presenting the document with a
photograph of such individual, if such
photograph is available through the E-
Verify Program.
``(ii) Documents evidencing employment
authorization and establishing identity.--A
document described in this clause is an
individual's--
``(I) unexpired United States
passport or passport card;
``(II) unexpired permanent resident
card that contains a photograph;
``(III) unexpired employment
authorization card that contains a
photograph;
``(IV) in the case of a
nonimmigrant alien authorized to work
for a specific employer incident to
status, a foreign passport with Form I-
94 or Form I-94A, or other
documentation as designated by the
Secretary specifying the alien's
nonimmigrant status as long as the
period of status has not yet expired
and the proposed employment is not in
conflict with any restrictions or
limitations identified in the
documentation;
``(V) passport from the Federated
States of Micronesia (FSM) or the
Republic of the Marshall Islands (RMI)
with Form I-94 or Form I-94A, or other
documentation as designated by the
Secretary, indicating nonimmigrant
admission under the Compact of Free
Association Between the United States
and the FSM or RMI; or
``(VI) other document designated by
the Secretary of Homeland Security, if
the document--
``(aa) contains a
photograph of the individual
and biometric identification
data from the individual and
such other personal identifying
information relating to the
individual as the Secretary of
Homeland Security finds, by
regulation, sufficient for
purposes of this clause;
``(bb) is evidence of
authorization of employment in
the United States; and
``(cc) contains security
features to make it resistant
to tampering, counterfeiting,
and fraudulent use.
``(iii) Documents evidencing employment
authorization.--A document described in this
clause is an individual's Social Security
account number card (other than such a card
which specifies on the face that the issuance
of the card does not authorize employment in
the United States).
``(iv) Documents establishing identity of
individual.--A document described in this
clause is--
``(I) an individual's unexpired
State issued driver's license or
identification card if the license or
card contains a photograph and
personally identifying information,
such as name, date of birth, gender,
height, eye color, and home address;
``(II) an individual's unexpired
U.S. military identification card that
contains a photograph;
``(III) an individual's unexpired
Native American tribal identification
document that contains a photograph and
was issued by a tribal entity
recognized by the Bureau of Indian
Affairs; or
``(IV) in the case of an individual
who is younger than 18 years of age, a
parent or legal guardian's attestation
under penalty of law as to the identity
and age of the individual.
``(v) Authority to prohibit use of certain
documents.--If the Secretary of Homeland
Security finds, by regulation, that any
document described in clause (ii), (iii), or
(iv) as establishing employment authorization
or identity does not reliably establish such
authorization or identity or is being used
fraudulently to an unacceptable degree, the
Secretary may prohibit or place conditions on
its use for purposes of this paragraph.
``(B) Individual attestation of employment
authorization.--
``(i) In general.--During the verification
period, the individual shall--
``(I) attest, by either a
handwritten or electronic signature,
under penalty of perjury, and on the
form designated or established for
purposes of subparagraph (A), that the
individual is a citizen or national of
the United States, an alien lawfully
admitted for permanent residence, or an
alien who is authorized under this Act
or by the Secretary of Homeland
Security to be hired, recruited, or
referred for such employment; and
``(II) provide his or her Social
Security account number or valid United
States passport number.
``(ii) Other identification.--If the
individual does not attest to United States
nationality under clause (i), the individual
shall provide the identification or
authorization number established for the alien
by the Department of Homeland Security, as
specified by the Secretary.
``(C) E-verify redesign.--The Secretary is
authorized to issue regulations allowing any person or
other entity hiring, recruiting, or referring an
individual for employment and the individual to comply
with this section through an updated digital
verification system that requires the submission of--
``(i) the information required under
subparagraph (A)(i)(I);
``(ii) the documentation required under
subparagraph (A)(i)(II); and
``(iii) the matching of any available
photos with any photo contained in any document
presented for identity or employment
verification purposes.
``(D) System responses.--
``(i) Confirmation received.--If a person
or other entity receives an appropriate
confirmation of an individual's identity and
work eligibility under the verification system
within the specified period, the person or
entity shall record, on the form designated or
established for purposes of subparagraph (A),
an appropriate code provided by the system that
indicates a final confirmation of such identity
and work eligibility of the individual.
``(ii) Tentative nonconfirmation.--
``(I) In general.--If the person or
other entity receives a tentative
nonconfirmation of an individual's
identity or work eligibility under the
verification system within the
specified period, the person or entity
shall--
``(aa) inform the
individual for whom the
verification is sought of such
nonconfirmation;
``(bb) if the individual
does not contest the
nonconfirmation within 10
business days after receiving
such tentative nonconfirmation,
record on the form an
appropriate code which has been
provided under the system to
indicate a final
nonconfirmation; and
``(cc) if the individual
does contest the
nonconfirmation during such
period, refer the individual to
the secondary verification
process described in subsection
(d)(2)(B).
``(II) Duration.--A nonconfirmation
described in subclause (I) shall remain
tentative until a final confirmation or
nonconfirmation is provided by the
verification system not later than 10
business days after the issuance of a
tentative nonconfirmation.
``(III) Not grounds for
termination.--An employer may not
terminate the employment of an
individual because of a failure of the
individual to have his or her identity
and work eligibility confirmed under
this section until the nonconfirmation
becomes final. Nothing in this
subclause may be construed to apply to
a termination of employment for any
reason other than because of such
failure.
``(IV) Not grounds for rescission
of offer.--An employer may not rescind
an offer of employment to an individual
because of a failure of the individual
to have his or her identity and work
eligibility confirmed under this
section until the nonconfirmation
becomes final. Nothing in this
subclause may be construed to apply to
a rescission of an offer of employment
for any reason other than because of
such failure.
``(iii) Final confirmation or
nonconfirmation received.--If a final
confirmation or nonconfirmation is provided by
the verification system regarding an
individual, the person or entity shall record
on the form an appropriate code that is
provided under the system and that indicates a
confirmation or nonconfirmation of identity and
work eligibility of the individual.
``(iv) Extension.--If a person or other
entity in good faith attempts to make an
inquiry during the time period specified and
the verification system has registered that not
all inquiries were received during such time,
the person or entity may make an inquiry in the
first 5 subsequent business days in which the
verification system registers that it has
received all inquiries. If the verification
system cannot receive inquiries at all times
during a day, the person or entity merely has
to assert that the entity attempted to make the
inquiry on that day for the previous sentence
to apply to such an inquiry, and does not have
to provide any additional proof concerning such
inquiry.
``(v) Termination upon final
nonconfirmation.--Not later than 3 business
days after receiving a final nonconfirmation
regarding an individual, the person or entity
shall terminate the employment of the
individual (or decline to recruit or refer the
individual).
``(E) Defined term.--
``(i) Verification period.--In this
paragraph:
``(I) In the case of recruitment or
referral, the term `verification
period' means the period ending on the
date recruiting or referring commences.
``(II) In the case of hiring, the
term `verification period' means the
period beginning on the date on which
an offer of employment is extended and
ending on the date that is 3 business
days after the date of hire, except as
provided in clause (iii). The offer of
employment may be conditioned in
accordance with clause (ii).
``(ii) Job offer may be conditional.--A
person or other entity may offer a prospective
employee an employment position that is
conditioned on final verification of the
identity and employment eligibility of the
employee using the procedures established under
this paragraph.
``(iii) Contact information.--A person or
other entity, upon making an offer of
employment to a prospective employee under
clause (ii), shall submit to E-Verify the
contact information of the prospective
employee, including an email address or a
telephone number, so that E-Verify can notify
the prospective employee in the case of a
tentative nonconfirmation.
``(iv) Special rule.--Notwithstanding
clause (i)(II), if a United States citizen, a
lawful permanent resident, or an alien who is
authorized for employment provides evidence
from the Social Security Administration that
such individual has applied for a Social
Security account number, the verification
period shall end on the date that is 3 business
days after the date on which the individual
receives the Social Security account number.
``(2) Reverification for individuals with limited work
authorization.--
``(A) In general.--Except as provided in
subparagraphs (B) and (C), a person or entity shall use
E-Verify to seek reverification of the employment
eligibility of all individuals with a limited period of
work authorization employed by the person or entity not
later than 3 business days after the date on which the
employee's prior work authorization expires.
``(B) Effective date.--Employers shall be subject
to the requirement under subparagraph (A) beginning on
the date on which the employer is required to use E-
Verify pursuant to section 3 of the Mandatory E-Verify
Act of 2026.
``(C) Reverification.--Paragraph (1)(C) shall apply
to reverifications under this paragraph on the same
basis as it applies to verifications under paragraph
(1), except that employers shall use a form designated
or established by the Secretary by regulation for
purposes of this paragraph.
``(3) Previously hired individuals.--
``(A) On a mandatory basis for certain employees.--
``(i) In general.--Not later than the date
that is 6 months after the date of the
enactment of the Mandatory E-Verify Act of
2026, an employer shall use E-Verify to seek
verification of the identity and employment
eligibility of any individual described in
clause (ii) who is employed by the employer and
whose employment eligibility has not been
verified under the E-Verify program described
in section 403(a) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996
(8 U.S.C. 1324a note).
``(ii) Individuals described.--An
individual described in this clause is--
``(I) an employee of any unit of a
Federal, State, or local government;
``(II) an employee who requires a
Federal security clearance working in a
Federal, State or local government
building, a military base, a nuclear
energy site, a weapons site, or an
airport or other facility that requires
workers--
``(aa) to carry a
Transportation Worker
Identification Credential; or
``(bb) to have access to a
Secure Identification Display
Area; or
``(III) an employee assigned to
perform work in the United States under
a Federal contract, except that this
subclause--
``(aa) is not applicable to
individuals who normally
perform support work, such as
indirect or overhead functions,
and do not perform any
substantial duties applicable
to the contract, or are working
solely on contracts that
provide Commercial Off The
Shelf goods or services as set
forth by the Federal
Acquisition Regulatory Council,
unless they are subject to
verification under subclause
(II); and
``(bb) only applies to
contracts in excess of the
micro-purchase threshold (as
defined in section 2.101 of
title 48, Code of Federal
Regulations).
``(B) On a mandatory basis for multiple users of
same social security account number.--An employer who
is required to use E-Verify, or has elected voluntarily
to use E-Verify, shall make inquiries to the system in
accordance with the following:
``(i) The Commissioner of Social Security
shall notify annually employees (at the
employee address listed on the Wage and Tax
Statement) who submit a Social Security account
number to which more than 1 employer reports
income and for which there is a pattern of
unusual multiple use. The notification letter
shall identify the number of employers to which
income is being reported as well as sufficient
information notifying the employee of the
process to contact the Social Security
Administration Fraud Hotline if the employee
believes the employee's identity may have been
stolen. The notice may not include information
protected as private, in order to avoid any
recipient of the notice from being in the
position to further commit or begin committing
identity theft.
``(ii) If the person to whom the Social
Security account number was issued by the
Social Security Administration has been
identified and confirmed by the Commissioner,
and indicates that the Social Security account
number was used without his or her knowledge,
the Secretary and the Commissioner shall--
``(I) lock the Social Security
account number for employment
eligibility verification purposes; and
``(II) notify the employers of the
individuals who wrongfully submitted
the Social Security account number that
the employee may not be work eligible.
``(iii) Each employer receiving
notification of an incorrect Social Security
account number under clause (ii) shall use E-
Verify to check the work eligibility status of
the applicable employee not later than 10
business days after receiving the notification.
``(C) On a voluntary basis.--
``(i) In general.--Subject to paragraph (2)
and subparagraphs (A) and (B), an employer may
make an inquiry through E-Verify to seek
verification of the identity and employment
eligibility of any individual employed by the
employer. If an employer chooses voluntarily to
seek verification of any individual employed by
the employer, the employer shall--
``(I) seek verification of all
individuals employed by the employer;
and
``(II) notify E-Verify whether the
individual is an existing or
prospective employee.
``(ii) Effect of verification decision.--An
employer's decision not to voluntarily seek
verification of its current workforce under
this subparagraph may not be considered by any
government agency in any proceeding,
investigation, or review provided for in this
Act.
``(D) Verification.--Paragraph (1)(C)(ii) shall
apply to verifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall use a
form designated or established by the Secretary by
regulation for purposes of this paragraph.
``(4) Copying of documentation permitted.--Notwithstanding
any other provision of law, the person or entity--
``(A) may copy a document presented by an
individual under this subsection; and
``(B) may retain the copy for the purpose of
complying with the requirements under this subsection.
``(5) Limitation on use of forms.--A form designated or
established by the Secretary of Homeland Security under this
subsection and any information contained in or appended to such
form, may not be used for purposes other than for the
enforcement or administration of this Act and any other
provision of Federal or State criminal law.
``(6) Good faith compliance.--
``(A) In general.--Except as otherwise provided in
this subsection, a person or entity is considered to
have complied with a requirement of this subsection
notwithstanding a technical or procedural failure to
meet such requirement if there was a good faith attempt
to comply with the requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the failure is not de minimis;
``(ii) the Secretary of Homeland Security
has explained to the person or entity the basis
for the failure and why it is not de minimis;
``(iii) the person or entity has been
provided a period of not less than 30 calendar
days (beginning after the date of the
explanation) within which to correct the
failure; and
``(iv) the person or entity has not
corrected the failure voluntarily within such
period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to a
person or entity that has or is engaging in a pattern
or practice of violating paragraph (1)(A) or (2) of
subsection (a).''.
SEC. 8. GOOD FAITH DEFENSE.
Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(3)) is amended to read as follows:
``(3) Good faith defense.--
``(A) Defense.--An employer (or person or entity
that hires, employs, recruits, or refers, or is
otherwise obligated to comply with this section) that
establishes good faith compliance with the requirements
under subsection (b)--
``(i) shall not be liable to a job
applicant, an employee, the Federal Government,
or a State or local government, under Federal,
State, or local criminal or civil law for any
employment-related action taken with respect to
a job applicant or employee in good-faith
reliance on information provided through the
system established under subsection (d); and
``(ii) has established compliance with its
obligations under subparagraphs (A) and (B) of
paragraph (1) and subsection (b) absent a
showing by the Secretary of Homeland Security,
by clear and convincing evidence, that the
employer had knowledge that an employee is an
unauthorized alien.
``(B) Mitigation element.--For purposes of
subparagraph (A)(i), if an employer proves by a
preponderance of the evidence that the employer uses a
reasonable, secure, and established technology to
authenticate the identity of the new employee, that
fact shall be taken into account for purposes of
determining good faith use of the system established
under subsection (d).
``(C) Failure to seek and obtain verification.--
Subject to the effective dates and other deadlines
applicable under subsection (b), in the case of a
person or entity in the United States that hires, or
continues to employ, an individual, or recruits or
refers an individual for employment, the following
requirements shall apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or
entity has not made an inquiry, under
the mechanism established under
subsection (d) and in accordance with
the timeframes established under
subsection (b), seeking verification of
the identity and work eligibility of
the individual, the defense under
subparagraph (A) shall not be
considered to apply with respect to any
employment, except as provided in
subclause (II).
``(II) Special rule for failure of
verification mechanism.--If such a
person or entity in good faith attempts
to make an inquiry in order to qualify
for the defense under subparagraph (A)
and the verification mechanism has
registered that not all inquiries were
responded to during the relevant time,
the person or entity can make an
inquiry until the end of the first
subsequent business day in which the
verification mechanism registers no
nonresponses and qualify for such
defense.
``(ii) Failure to obtain verification.--If
the person or entity has made the inquiry
described in clause (i)(I), but has not
received an appropriate verification of such
identity and work eligibility under such
mechanism within the time period specified
under subsection (d)(2) after the time the
verification inquiry was received, the defense
under subparagraph (A) shall not be considered
to apply with respect to any employment after
the end of such time period.''.
SEC. 9. PREEMPTION.
Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(2)) is amended to read as follows:
``(2) Preemption.--A State or unit of local government may
not prohibit any person or other entity hiring, recruiting, or
referring an individual for employment in the United States
from utilizing E-Verify for purposes of verifying identity and
employment eligibility.''.
SEC. 10. ACCESS TO INFORMATION.
(a) Defined Term.--In this section, the term ``E-Verify purposes''
means--
(1) preventing identity theft, fraud, and misuse of E-
Verify; and
(2) administering and enforcing the provisions of this Act
and section 274A of the Immigration and Nationality Act (8
U.S.C. 1324a) governing employment eligibility verification.
(b) Federal Records.--Notwithstanding any other provision of law,
including section 6103 of the Internal Revenue Code of 1986, with
respect to Employer Identification Number information, the Secretary of
Homeland Security shall have access to relevant Federal records
described in clauses (i) through (iii) of section 274A(d)(3)(G) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)(3)(G)) for E-Verify
purposes.
(c) Federal Cooperation.--Any Federal agency or other Federal
Government entity possessing records described in subsection (a) shall
provide such assistance and cooperation as the Secretary of Homeland
Security may request to resolve initial verification inquiries, further
action required results, cases in continuance, and final
nonconfirmation results relating to such records or to otherwise
improve the accuracy of E-Verify.
(d) State Cooperation.--
(1) Driver's license information.--Notwithstanding section
2721 of title 18, United States Code, or any other law, a State
department of motor vehicles may provide information described
in section 274A(d)(3)(G)(iv) of the Immigration and Nationality
Act, as added by section 2(a) of this Act, obtained by the
department, including an individual's photograph, to the
Secretary of Homeland Security for E-Verify purposes.
(2) Information sharing agreements.--The Secretary of
Homeland Security shall maximize enrollment of States and other
non-Federal Government entities possessing information
described in section 274A(d)(3)(G)(iv) of the Immigration and
Nationality Act in information sharing agreements that provide
access to such information to the Secretary for E-Verify
purposes and fully implement such agreements.
(3) Conditions for federal grant funding.--
(A) Economic development assistance grants.--
Section 3(4) of the Public Works and Economic
Development Act of 1965 (42 U.S.C. 3122(4)) is amended
by adding at the end the following:
``(C) Grants conditioned on information sharing.--
The term `eligible recipient' does not include, with
respect to grants authorized under section 201, 203,
205, or 207--
``(i) a State that--
``(I) does not provide access to
driver's license or identity card
information (including photographs)
maintained by the State department of
motor vehicles to the Secretary of
Homeland Security for E-Verify purposes
(as defined in section 10(a) of the
Mandatory E-Verify Act of 2026); or
``(II) does not provide such
assistance and cooperation as the
Secretary may request to resolve
initial verification inquiries, further
action required results, cases in
continuance, and final nonconfirmation
results relating to such records; or
``(ii) a city, or other political
subdivision of a State described in clause (i),
including a special purpose unit of such State
or political subdivision engaged in economic or
infrastructure development activities, or a
consortium of such political subdivisions.''.
(B) Community development block grants.--Section
104 of the Housing and Community Development Act of
1974 (42 U.S.C. 5304) is amended by adding at the end
the following:
``(n) Protections for Authorized Workers.--
``(1) In general.--Amounts appropriated to carry out this
title may not be obligated or expended for any State (or any
unit of general local government that is a political
subdivision of such State) that--
``(A) does not provide access to driver's license
or identity card information (including photographs)
maintained by the State department of motor vehicles to
the Department of Homeland Security for E-Verify
purposes (as defined in section 10(a) of the Mandatory
E-Verify Act of 2026); or
``(B) does not provide such assistance and
cooperation as the Secretary may request to resolve
initial verification inquiries, further action required
results, cases in continuance, and final
nonconfirmation results relating to such records.
``(2) Returned amounts.--
``(A) State.--If a State receives funding under
this title during any period in which the State is
ineligible to receive such funding pursuant to
paragraph (1), the Secretary shall--
``(i) direct the State to immediately
return to the Secretary any such funding; and
``(ii) reallocate amounts returned under
clause (i) for grants under this title to other
States that are not ineligible for such
funding.
``(B) Unit of general local government.--If a unit
of general local government receives funding under this
title during any period in which it is ineligible for
such funding pursuant to paragraph (1)--
``(i) the local government shall return any
such amounts to the Secretary; and
``(ii) the Secretary shall reallocate such
amounts for grants under this title to States
and other units of general local government
that are not ineligible for such funding.
``(C) Reallocation rules.--In reallocating amounts
pursuant to subparagraphs (A) and (B), the Secretary--
``(i) shall apply the relevant allocation
formula under subsection (b), with all entities
ineligible for funding pursuant to paragraph
(1) excluded; and
``(ii) shall not be subject to the rules
for reallocation under subsection (c).''.
(C) Effective date.--The amendments made by this
paragraph shall take effect on the date that is 1 year
after the date of the enactment of this Act.
SEC. 11. FRAUD AND MISUSE OF DOCUMENTS.
Section 1546(b) of title 18, United States Code, is amended--
(1) in paragraph (1), by striking ``identification
document,'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b))),''; and
(2) in paragraph (2), by striking ``identification
document'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b))),''.
SEC. 12. FRAUD PREVENTION.
(a) Blocking Misused Social Security Account Numbers.--The
Secretary of Homeland Security, in consultation with the Commissioner
of Social Security, shall establish a program in which Social Security
account numbers that have been identified to be subject to unusual
multiple use through E-Verify or that are otherwise suspected or
determined to have been compromised by identity fraud, the Social
Security account numbers of deceased individuals, or other misuse,
shall be blocked from use by E-Verify unless the individual using such
number is able to establish, through secure and fair additional
security procedures, as determined by the Secretary of Homeland
Security, that the individual is the legitimate holder of the number.
(b) Allowing Suspension of Use of Certain Social Security Account
Numbers.--The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which victims of identity fraud
and other individuals may suspend or limit the use of their Social
Security account numbers or other identifying information for purposes
of E-Verify. The Secretary may implement the program on a limited pilot
program basis before making it fully available to all individuals.
(c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which parents or legal guardians
may suspend or limit the use of the Social Security account number or
other identifying information of a minor under their care for the
purposes of E-Verify. The Secretary may implement the program on a
limited pilot program basis before making it fully available to all
individuals.
SEC. 13. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
Pursuant to an agreement with the Commissioner of Social Security,
the Secretary of Homeland Security shall continue to provide funds to
the Commissioner for the full costs of the responsibilities of the
Commissioner under section 274A of the Immigration and Nationality Act,
as amended by this Act.
SEC. 14. INSPECTOR GENERAL AUDITS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the Social Security
Administration, in order to uncover evidence of individuals who are not
authorized to work in the United States, shall complete audits of--
(1) workers who dispute wages reported on their Social
Security account number because they believe that their names
and such numbers were fraudulently used by others to secure
employment;
(2) children's Social Security account numbers that have
been fraudulently used for work purposes;
(3) employers whose workers present significant numbers of
mismatched Social Security account numbers or names for wage
reporting;
(4) Social Security account numbers of deceased individuals
that were fraudulently used for work purposes; and
(5) Social Security account numbers of retired individuals
that were potentially used fraudulently for work purposes.
(b) Submission.--The Inspector General of the Social Security
Administration shall--
(1) submit the audits completed pursuant to subsection (a)
to--
(A) the Committee on Finance of the Senate;
(B) the Committee on the Judiciary of the Senate;
(C) the Committee on Homeland Security and
Governmental Affairs of the Senate;
(D) the Committee on Ways and Means of the House of
Representatives;
(E) the Committee on the Judiciary of the House of
Representatives; and
(F) the Committee on Homeland Security of the House
of Representatives; and
(2) make the information contained in such audits available
to Federal law enforcement.
SEC. 15. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.
(a) Additional Changes to Rules for Recruitment, Referral, and
Continuation of Employment.--Section 274A(a) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (A), by striking ``for a fee'';
and
(B) by amending subparagraph (B) to read as
follows:
``(B) to hire, continue to employ, or to recruit or
refer for employment in the United States an individual
without complying with the requirements of subsection
(b).''; and
(2) in paragraph (2), by striking ``after hiring an alien
for employment in accordance with paragraph (1),'' and
inserting ``after complying with paragraph (1),''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date that is 6 months after the date of the
enactment of this Act to the extent such amendments relate to
continuation of employment.
SEC. 16. DEFINITIONS.
(a) In General.--In this Act, the terms ``agricultural labor or
services'', ``date of hire'', ``recruit'', ``refer'', and
``unauthorized alien'', have the meanings given such terms in section
274A(i) of the Immigration and Nationality Act, as amended by
subsection (b).
(b) Amendments to the Immigration and Nationality Act.--Section
274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is
amended--
(1) in subsection (h), by striking paragraph (3); and
(2) by adding at the end the following:
``(i) Definitions.--In this section:
``(1) Agricultural labor or services.--The term
`agricultural labor or services'--
``(A) has the meaning given such term by the
Secretary of Agriculture, by regulation; and
``(B) includes--
``(i) agricultural labor (as defined in
section 3121(g) of the Internal Revenue Code of
1986);
``(ii) agriculture (as defined in section
3(f) of the Fair Labor Standards Act of 1938
(29 U.S.C. 203(f)));
``(iii) all activities required for the
preparation, processing, or manufacturing of a
product of agriculture (as defined in such
section 3(f)) for further distribution; and
``(iv) the handling, planting, drying,
packing, packaging, processing, freezing, or
grading prior to delivery for storage of any
agricultural or horticultural commodity in its
unmanufactured state.
``(2) Date of hire.--The term `date of hire' means the date
of commencement of employment for wages or other remuneration.
``(3) Recruit.--
``(A) In general.--Except as provided in
subparagraph (B), the term `recruit' means the act of
soliciting a person who is in the United States,
directly or indirectly, and referring the person to
another with the intent of obtaining employment for
that person.
``(B) Exceptions.--The term `recruit' only applies
to persons or entities referring for remuneration
(whether on a retainer or contingency basis) except
that the term applies to--
``(i) union hiring halls that refer union
members or nonunion individuals who pay union
membership dues regardless of whether they
receive remuneration; and
``(ii) labor service entities or labor
service agencies, whether public, private, for-
profit, or nonprofit that recruit, dispatch, or
otherwise facilitate the hiring of laborers for
any period of time by a third party.
``(4) Refer.--
``(A) In general.--Except as provided in
subparagraph (B), the term `refer' means the act of
sending or directing a person who is in the United
States or transmitting documentation or information to
another, directly or indirectly, with the intent of
obtaining employment in the United States for such
person.
``(B) Exceptions.--The term `refer' only applies to
persons or entities referring for remuneration (whether
on a retainer or contingency basis) except that the
term applies to--
``(i) union hiring halls that refer union
members or nonunion individuals who pay union
membership dues regardless of whether they
receive remuneration; and
``(ii) labor service entities or labor
service agencies, whether public, private, for-
profit, or nonprofit, that refer, dispatch, or
otherwise facilitate the hiring of laborers for
any period of time by a third party.
``(5) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, an alien who is not--
``(A) an alien lawfully admitted for permanent
residence; or
``(B) otherwise authorized to be employed under
this Act or by the Secretary of Homeland Security.''.
<all>Official legislative text sourced from the public record (cached on CivicsHQ).
Official source
View the original bill, actions, and full legislative record on Congress.gov.
Status
In Committee
- 1Introduced
- 2Committee
- 3Floor
- 4Passed
- 5Signed
Timeline reflects current normalized status only. Full action history is not yet stored in the API.
Topics
ImmigrationLabor & Employment
Sponsors
- Sen. Britt, Katie Boyd [R-AL]RSenateAL
Votes
Voting records are not yet available for this bill.