HR 2885 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 2885CommentsClose CommentsPermalink

To amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

September 12, 2011CommentsClose CommentsPermalink

Mr. SMITH of Texas (for himself, Mr. CALVERT, Mr. GALLEGLY, Mr. MILLER of Florida, Mr. TERRY, Mrs. BLACKBURN, Mr. LEWIS of California, Mr. WESTMORELAND, Mr. KINGSTON, Mr. ROSS of Florida, Mr. BURGESS, Mr. LATHAM, Mr. FRANKS of Arizona, Mr. GARY G. MILLER of California, and Mrs. MYRICK) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concernedCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To amend the Immigration and Nationality Act to make mandatory and permanent requirements relating to use of an electronic employment eligibility verification system, and for other purposes.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘Legal Workforce Act’.CommentsClose CommentsPermalink

SEC. 2. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

(a) In General- Section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) is amended to read as follows:CommentsClose CommentsPermalink





‘(b) Employment Eligibility Verification Process-CommentsClose CommentsPermalink





‘(1) NEW HIRES, RECRUITMENT, AND REFERRAL- The requirements referred to in paragraphs (1)(B) and (3) of subsection (a) are, in the case of a person or other entity hiring, recruiting, or referring an individual for employment in the United States, the following:CommentsClose CommentsPermalink





‘(A) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION-CommentsClose CommentsPermalink





‘(i) ATTESTATION- On the date of hire (as defined in subsection (h)(4)), the person or entity shall attest, under penalty of perjury and on a form, including electronic and telephonic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Legal Workforce Act, that it has verified that the individual is not an unauthorized alien by--CommentsClose CommentsPermalink





‘(I) obtaining from the individual the individual’s social security account number and recording the number on the form (if the individual claims to have been issued such a number), and, 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; andCommentsClose CommentsPermalink





‘(II) examining--CommentsClose CommentsPermalink

‘(aa) a document relating to the individual presenting it described in clause (ii); orCommentsClose CommentsPermalink

‘(bb) a document relating to the individual presenting it described in clause (iii) and a document relating to the individual presenting it described in clause (iv).CommentsClose CommentsPermalink

‘(ii) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION AND ESTABLISHING IDENTITY- A document described in this subparagraph is an individual’s--CommentsClose CommentsPermalink





‘(I) unexpired United States passport or passport card;CommentsClose CommentsPermalink





‘(II) unexpired permanent resident card that contains a photograph;CommentsClose CommentsPermalink





‘(III) unexpired employment authorization card that contains a photograph;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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; orCommentsClose CommentsPermalink





‘(VI) other document designated by the Secretary of Homeland Security, if the document--CommentsClose CommentsPermalink

‘(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;CommentsClose CommentsPermalink

‘(bb) is evidence of authorization of employment in the United States; andCommentsClose CommentsPermalink

‘(cc) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.CommentsClose CommentsPermalink

‘(iii) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION- A document described in this subparagraph 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).CommentsClose CommentsPermalink





‘(iv) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL- A document described in this subparagraph is--CommentsClose CommentsPermalink





‘(I) an individual’s unexpired State issued driver’s license or identification card if it contains a photograph and information such as name, date of birth, gender, height, eye color, and address;CommentsClose CommentsPermalink





‘(II) an individual’s unexpired U.S. military identification card;CommentsClose CommentsPermalink





‘(III) an individual’s unexpired Native American tribal identification document issued by a tribal entity recognized by the Bureau of Indian Affairs; orCommentsClose CommentsPermalink





‘(IV) in the case of an individual under 18 years of age, a parent or legal guardian’s attestation under penalty of law as to the identity and age of the individual.CommentsClose CommentsPermalink





‘(v) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCUMENTS- If the Secretary of Homeland Security finds, by regulation, that any document described in clause (i), (ii), or (iii) 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.CommentsClose CommentsPermalink





‘(vi) SIGNATURE- Such attestation may be manifested by either a hand-written or electronic signature.CommentsClose CommentsPermalink





‘(B) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- During the verification period (as defined in subparagraph (F)), the individual shall attest, under penalty of perjury 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. Such attestation may be manifested by either a hand-written or electronic signature. The individual shall also provide that individual’s social security account number (if the individual claims to have been issued such a number), and, if the individual does not attest to United States nationality under this subparagraph, such identification or authorization number established by the Department of Homeland Security for the alien as the Secretary may specify.CommentsClose CommentsPermalink





‘(ii) CRIMINAL PENALTY-CommentsClose CommentsPermalink





‘(I) OFFENSES- Any individual who, pursuant to clause (i), provides a social security account number or an identification or authorization number established by the Secretary of Homeland Security that belongs to another person, knowing that the number does not belong to the individual providing the number, shall be fined under title 18, United States Code, imprisoned not less than 1 year and not more than 15 years, or both. Any individual who, pursuant to clause (i), provides, during and in relation to any felony violation enumerated in section 1028A(c) of title 18, United States Code, a social security account number or an identification or authorization number established by the Secretary of Homeland Security that belongs to another person, knowing that the number does not belong to the individual providing the number, in addition to the punishment provided for such felony, shall be fined under title 18, United States Code, imprisoned for a term of 2 years, or both.CommentsClose CommentsPermalink





‘(II) CONSECUTIVE SENTENCE- Notwithstanding any other provision of law--CommentsClose CommentsPermalink

‘(aa) a court shall not place on probation any individual convicted of a violation of this clause;CommentsClose CommentsPermalink

‘(bb) except as provided in item (dd), no term of imprisonment imposed on an individual under this section shall run concurrently with any other term of imprisonment imposed on the individual under any other provision of law, including any term of imprisonment imposed for the felony enumerated in section 1028A(c) of title 18, United States Code, during which the violation of this section occurred;CommentsClose CommentsPermalink

‘(cc) in determining any term of imprisonment to be imposed for the felony enumerated in section 1028A(c) of title 18, United States Code, during which the violation of this clause occurred, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this clause; andCommentsClose CommentsPermalink

‘(dd) a term of imprisonment imposed on an individual for a violation of this clause may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that individual for an additional violation of this clause, except that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28, United States Code.CommentsClose CommentsPermalink

‘(C) RETENTION OF VERIFICATION FORM AND VERIFICATION-CommentsClose CommentsPermalink





‘(i) IN GENERAL- After completion of such form in accordance with subparagraphs (A) and (B), the person or entity shall--CommentsClose CommentsPermalink





‘(I) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the recruiting or referral of the individual, or, in the case of the hiring of an individual, the date on which the verification is completed, and ending--CommentsClose CommentsPermalink

‘(aa) in the case of the recruiting or referral of an individual, 3 years after the date of the recruiting or referral; andCommentsClose CommentsPermalink

‘(bb) in the case of the hiring of an individual, the later of 3 years after the date the verification is completed or one year after the date the individual’s employment is terminated; andCommentsClose CommentsPermalink

‘(II) during the verification period (as defined in subparagraph (F)), make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of an individual.CommentsClose CommentsPermalink





‘(ii) CONFIRMATION-CommentsClose CommentsPermalink





‘(I) CONFIRMATION RECEIVED- If the person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the verification system within the time period specified, the person or entity shall record on the form an appropriate code that is provided under the system and that indicates a final confirmation of such identity and work eligibility of the individual.CommentsClose CommentsPermalink





‘(II) TENTATIVE NONCONFIRMATION RECEIVED- If the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the verification system within the time period specified, the person or entity shall so inform the individual for whom the verification is sought. If the individual does not contest the nonconfirmation within the time period specified, the nonconfirmation shall be considered final. The person or entity shall then record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation. If the individual does contest the nonconfirmation, the individual shall utilize the process for secondary verification provided under subsection (d). The nonconfirmation will remain tentative until a final confirmation or nonconfirmation is provided by the verification system within the time period specified. In no case shall an employer terminate employment of an individual because of a failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. Nothing in this clause shall apply to a termination of employment for any reason other than because of such a failure. In no case shall an employer rescind the offer of employment to an individual because of a failure of the individual to have identity and work eligibility confirmed under this subsection until a nonconfirmation becomes final. Nothing in this subclause shall apply to a recission of the offer of employment for any reason other than because of such a failure.CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(IV) EXTENSION OF TIME- If the 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 subsequent working day 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.CommentsClose CommentsPermalink





‘(V) CONSEQUENCES OF NONCONFIRMATION-CommentsClose CommentsPermalink

‘(aa) TERMINATION OR NOTIFICATION OF CONTINUED EMPLOYMENT- If the person or other entity has received a final nonconfirmation regarding an individual, the person or entity may terminate employment of the individual (or decline to recruit or refer the individual). If the person or entity does not terminate employment of the individual or proceeds to recruit or refer the individual, the person or entity shall notify the Secretary of Homeland Security of such fact through the verification system or in such other manner as the Secretary may specify.CommentsClose CommentsPermalink

‘(bb) FAILURE TO NOTIFY- If the person or entity fails to provide notice with respect to an individual as required under item (aa), the failure is deemed to constitute a violation of subsection (a)(1)(A) with respect to that individual.CommentsClose CommentsPermalink

‘(VI) CONTINUED EMPLOYMENT AFTER FINAL NONCONFIRMATION- If the 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).CommentsClose CommentsPermalink





‘(D) CONTINUATION OF SEASONAL AGRICULTURAL EMPLOYMENT- An individual shall not be considered a new hire subject to verification under this paragraph if the individual is engaged in seasonal agricultural employment and is returning to work for an employer that previously employed the individual.CommentsClose CommentsPermalink





‘(E) EFFECTIVE DATES OF NEW PROCEDURES-CommentsClose CommentsPermalink





‘(i) HIRING- Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity hiring an individual for employment in the United States as follows:CommentsClose CommentsPermalink





‘(I) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, on the date that is 6 months after the date of the enactment of such Act.CommentsClose CommentsPermalink





‘(II) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 12 months after the date of the enactment of such Act.CommentsClose CommentsPermalink





‘(III) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 18 months after the date of the enactment of such Act.CommentsClose CommentsPermalink





‘(IV) With respect to employers having 1 or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, on the date that is 24 months after the date of the enactment of such Act.CommentsClose CommentsPermalink





‘(ii) RECRUITING AND REFERRING- Except as provided in clause (iii), the provisions of this paragraph shall apply to a person or other entity recruiting or referring an individual for employment in the United States on the date that is 12 months after the date of the enactment of the Legal Workforce Act.CommentsClose CommentsPermalink





‘(iii) AGRICULTURAL LABOR OR SERVICES- With respect to an employee performing agricultural labor or services (as defined for purposes of section 101(a)(15)(H)(ii)(a)), this paragraph shall not apply with respect to the verification of the employee until the date that is 36 months after the date of the enactment of the Legal Workforce Act. An employee described in this clause shall not be counted for purposes of clause (i).CommentsClose CommentsPermalink





‘(iv) TRANSITION RULE- Subject to paragraph (4), the following shall apply to a person or other entity hiring, recruiting, or referring an individual for employment in the United States until the effective date or dates applicable under clauses (i) through (iii):CommentsClose CommentsPermalink





‘(I) This subsection, as in effect before the enactment of the Legal Workforce Act.CommentsClose CommentsPermalink





‘(II) Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), as in effect before the effective date in section 7(c) of the Legal Workforce Act.CommentsClose CommentsPermalink





‘(III) Any other provision of Federal law requiring the person or entity 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), as in effect before the effective date in section 7(c) of the Legal Workforce Act, including Executive Order 13465 (8 U.S.C. 1324a note; relating to Government procurement).CommentsClose CommentsPermalink





‘(F) VERIFICATION PERIOD DEFINED-CommentsClose CommentsPermalink





‘(i) IN GENERAL- For purposes of this paragraph:CommentsClose CommentsPermalink





‘(I) In the case of recruitment or referral, the term ‘verification period’ means the period ending on the date recruiting or referring commences.CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(iii) SPECIAL RULE- Notwithstanding clause (i)(II), in the case of an alien who is authorized for employment and who provides evidence from the Social Security Administration that the alien has applied for a social security account number, the verification period ends three business days after the alien receives the social security account number.CommentsClose CommentsPermalink





‘(2) REVERIFICATION FOR INDIVIDUALS WITH LIMITED WORK AUTHORIZATION-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Except as provided in subparagraph (B), a person or entity shall make an inquiry, as provided in subsection (d), using the verification system to seek reverification of the identity and employment eligibility of all individuals with a limited period of work authorization employed by the person or entity during the 3 business days before the date on which the employee’s work authorization expires as follows:CommentsClose CommentsPermalink





‘(i) With respect to employers having 10,000 or more employees in the United States on the date of the enactment of the Legal Workforce Act, beginning on the date that is 6 months after the date of the enactment of such Act.CommentsClose CommentsPermalink





‘(ii) With respect to employers having 500 or more employees in the United States, but less than 10,000 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 12 months after the date of the enactment of such Act.CommentsClose CommentsPermalink





‘(iii) With respect to employers having 20 or more employees in the United States, but less than 500 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 18 months after the date of the enactment of such Act.CommentsClose CommentsPermalink





‘(iv) With respect to employers having 1 or more employees in the United States, but less than 20 employees in the United States, on the date of the enactment of the Legal Workforce Act, beginning on the date that is 24 months after the date of the enactment of such Act.CommentsClose CommentsPermalink





‘(B) AGRICULTURAL LABOR OR SERVICES- With respect to an employee performing agricultural labor or services (as defined for purposes of section 101(a)(15)(H)(ii)(a)), or an employee recruited or referred by a farm labor contractor (as defined in section 3 of the Migrant and Seasonal Agricultural Worker Protection Act (29 U.S.C. 1801)), subparagraph (A) shall not apply with respect to the reverification of the employee until the date that is 36 months after the date of the enactment of the Legal Workforce Act. An employee described in this subparagraph shall not be counted for purposes of subparagraph (A).CommentsClose CommentsPermalink





‘(C) REVERIFICATION- Paragraph (1)(C)(ii) shall apply to reverifications pursuant to this paragraph on the same basis as it applies to verifications pursuant to paragraph (1), except that employers shall--CommentsClose CommentsPermalink





‘(i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; andCommentsClose CommentsPermalink





‘(ii) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during the period beginning on the date the reverification commences and ending on the date that is the later of 3 years after the date of such reverification or 1 year after the date the individual’s employment is terminated.CommentsClose CommentsPermalink





‘(3) PREVIOUSLY HIRED INDIVIDUALS-CommentsClose CommentsPermalink





‘(A) ON A MANDATORY BASIS FOR CERTAIN EMPLOYEES-CommentsClose CommentsPermalink





‘(i) IN GENERAL- Not later than the date that is 6 months after the date of the enactment of the Legal Workforce Act, an employer shall make an inquiry, as provided in subsection (d), using the verification system to seek verification of the identity and employment eligibility of any individual described in clause (ii) employed by the employer 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).CommentsClose CommentsPermalink





‘(ii) INDIVIDUALS DESCRIBED- An individual described in this clause is any of the following:CommentsClose CommentsPermalink





‘(I) An employee of any unit of a Federal, State, or local government.CommentsClose CommentsPermalink





‘(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 to carry a Transportation Worker Identification Credential (TWIC).CommentsClose CommentsPermalink





‘(III) An employee assigned to perform work in the United States under a Federal contract, except that this subclause--CommentsClose CommentsPermalink

‘(aa) is not applicable to individuals who have a clearance under Homeland Security Presidential Directive 12 (HSPD 12 clearance), are administrative or overhead personnel, 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); andCommentsClose CommentsPermalink

‘(bb) only applies to contracts over the simple acquisition threshold as defined in section 2.101 of title 48, Code of Federal Regulations.CommentsClose CommentsPermalink

‘(B) ON A MANDATORY BASIS FOR MULTIPLE USERS OF SAME SOCIAL SECURITY ACCOUNT NUMBER- In the case of an employer who is required by this subsection to use the verification system described in subsection (d), or has elected voluntarily to use such system, the employer shall make inquiries to the system in accordance with the following:CommentsClose CommentsPermalink





‘(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 one 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 shall not share 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.CommentsClose CommentsPermalink





‘(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 their knowledge, the Secretary and the Commissioner shall lock the social security account number for employment eligibility verification purposes and shall notify the employers of the individuals who wrongfully submitted the social security account number that the employee may not be work eligible.CommentsClose CommentsPermalink





‘(iii) Each employer receiving such notification of an incorrect social security account number under clause (ii) shall use the verification system described in subsection (d) to check the work eligibility status of the applicable employee within 10 business days of receipt of the notification.CommentsClose CommentsPermalink





‘(C) ON A MANDATORY BASIS FOR CERTAIN MISMATCHED WAGE AND TAX STATEMENTS-CommentsClose CommentsPermalink





‘(i) IN GENERAL- In the case of an employer who is required by this subsection to use the verification system described in subsection (d), or has elected voluntarily to use such system, and who receives a notice described in clause (ii) identifying an individual employee, the employer shall, not later than 30 calendar days after receipt of such notice, use the verification system described in subsection (d) to verify the employment eligibility of the employee in accordance with the instructions in such notice if the individual is still on the payroll of the employer.CommentsClose CommentsPermalink





‘(ii) NOTICE- The Commissioner of Social Security shall issue a notice to an employer submitting one or more mismatched wage and tax statements or corrected wage and tax statements containing the following:CommentsClose CommentsPermalink





‘(I) A description of the mismatched information.CommentsClose CommentsPermalink





‘(II) An explanation of the steps that the employer is required to take to correct the mismatched information.CommentsClose CommentsPermalink





‘(III) An explanation of the employment eligibility verification requirement described in clause (i).CommentsClose CommentsPermalink





‘(D) ON A VOLUNTARY BASIS- Subject to paragraph (2), and subparagraphs (A) through (C) of this paragraph, beginning on the date that is 30 days after the date of the enactment of the Legal Workforce Act, an employer may make an inquiry, as provided in subsection (d), using the verification system 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 seek verification of all individuals so employed. An employer’s decision about whether or not voluntarily to 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.CommentsClose CommentsPermalink





‘(E) 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--CommentsClose CommentsPermalink





‘(i) use a form designated or established by the Secretary by regulation for purposes of this paragraph; andCommentsClose CommentsPermalink





‘(ii) retain a paper, microfiche, microfilm, or electronic version of the form and make it available for inspection by officers of the Department of Homeland Security, the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during the period beginning on the date the verification commences and ending on the date that is the later of 3 years after the date of such verification or 1 year after the date the individual’s employment is terminated.CommentsClose CommentsPermalink





‘(4) EARLY COMPLIANCE-CommentsClose CommentsPermalink





‘(A) FORMER E-VERIFY REQUIRED USERS, INCLUDING FEDERAL CONTRACTORS- Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary is authorized to commence requiring employers required 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), 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 commence compliance with the requirements of this subsection (and any additional requirements of such Federal acquisition laws and regulation) in lieu of any requirement to participate in the E-Verify Program.CommentsClose CommentsPermalink





‘(B) FORMER E-VERIFY VOLUNTARY USERS AND OTHERS DESIRING EARLY COMPLIANCE- Notwithstanding the deadlines in paragraphs (1) and (2), beginning on the date of the enactment of the Legal Workforce Act, the Secretary shall provide for the voluntary compliance with the requirements of this subsection 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, as well as by other employers seeking voluntary early compliance.CommentsClose CommentsPermalink





‘(5) COPYING OF DOCUMENTATION PERMITTED- Notwithstanding any other provision of law, the person or entity may copy a document presented by an individual pursuant to this subsection and may retain the copy, but only (except as otherwise permitted under law) for the purpose of complying with the requirements of this subsection.CommentsClose CommentsPermalink





‘(6) 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 enforcement of this Act and any other provision of Federal criminal law.CommentsClose CommentsPermalink





‘(7) GOOD FAITH COMPLIANCE-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) EXCEPTION IF FAILURE TO CORRECT AFTER NOTICE- Subparagraph (A) shall not apply if--CommentsClose CommentsPermalink





‘(i) the failure is not de minimus;CommentsClose CommentsPermalink





‘(ii) the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimus;CommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(iv) the person or entity has not corrected the failure voluntarily within such period.CommentsClose CommentsPermalink





‘(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 violations of subsection (a)(1)(A) or (a)(2).CommentsClose CommentsPermalink





‘(8) SINGLE EXTENSION OF DEADLINES UPON CERTIFICATION- In a case in which the Secretary of Homeland Security has certified to the Congress that the employment eligibility verification system required under subsection (d) will not be fully operational by the date that is 6 months after the date of the enactment of the Legal Workforce Act, each deadline established under this section for an employer to make an inquiry using such system shall be extended by 6 months. No other extension of such a deadline shall be made.’.CommentsClose CommentsPermalink





(b) Date of Hire- Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the following:CommentsClose CommentsPermalink





‘(4) DEFINITION OF DATE OF HIRE- As used in this section, the term ‘date of hire’ means the date of actual commencement of employment for wages or other remuneration, unless otherwise specified.’.CommentsClose CommentsPermalink

SEC. 3. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

Section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) is amended to read as follows:CommentsClose CommentsPermalink





‘(d) Employment Eligibility Verification System-CommentsClose CommentsPermalink





‘(1) IN GENERAL- Patterned on 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), the Secretary of Homeland Security shall establish and administer a verification system through which the Secretary (or a designee of the Secretary, which may be a nongovernmental entity)--CommentsClose CommentsPermalink





‘(A) responds to inquiries made by persons at any time through a toll-free telephone line and other toll-free electronic media concerning an individual’s identity and whether the individual is authorized to be employed; andCommentsClose CommentsPermalink





‘(B) maintains records of the inquiries that were made, of verifications provided (or not provided), and of the codes provided to inquirers as evidence of their compliance with their obligations under this section.CommentsClose CommentsPermalink





‘(2) INITIAL RESPONSE- The verification system shall provide confirmation or a tentative nonconfirmation of an individual’s identity and employment eligibility within 3 working days of the initial inquiry. If providing confirmation or tentative nonconfirmation, the verification system shall provide an appropriate code indicating such confirmation or such nonconfirmation.CommentsClose CommentsPermalink





‘(3) SECONDARY CONFIRMATION PROCESS IN CASE OF TENTATIVE NONCONFIRMATION- 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 working days after the date on which the notice of the tentative nonconfirmation is received by the employee. The Secretary, in consultation with the Commissioner, may extend this deadline on a case-by-case basis, and if the time is extended, shall document such extension within the verification system. When final confirmation or nonconfirmation is provided, the verification system shall provide an appropriate code indicating such confirmation or nonconfirmation.CommentsClose CommentsPermalink





‘(4) DESIGN AND OPERATION OF SYSTEM- The verification system shall be designed and operated--CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(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;CommentsClose CommentsPermalink





‘(C) with appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information;CommentsClose CommentsPermalink





‘(D) to have reasonable safeguards against the system’s resulting in unlawful discriminatory practices based on national origin or citizenship status, including--CommentsClose CommentsPermalink





‘(i) the selective or unauthorized use of the system to verify eligibility; orCommentsClose CommentsPermalink





‘(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; andCommentsClose CommentsPermalink





‘(E) to limit the subjects of verification to the following individuals:CommentsClose CommentsPermalink





‘(i) Individuals hired, referred, or recruited, in accordance with paragraph (1) or (4) of subsection (b).CommentsClose CommentsPermalink





‘(ii) Employees and prospective employees, in accordance with paragraph (1), (2), (3), or (4) of subsection (b).CommentsClose CommentsPermalink





‘(iii) Individuals seeking to confirm their own employment eligibility on a voluntary basis.CommentsClose CommentsPermalink





‘(5) RESPONSIBILITIES OF COMMISSIONER OF SOCIAL SECURITY- As part of the verification system, 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 method, which, within the time periods specified under paragraphs (2) and (3), 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) the information provided regarding an individual whose identity and employment eligibility must be confirmed, the correspondence of the name and number, and whether the individual has presented a social security account number that is not valid for employment. The Commissioner shall not disclose or release social security information (other than such confirmation or nonconfirmation) under the verification system except as provided for in this section or section 205(c)(2)(I) of the Social Security Act.CommentsClose CommentsPermalink





‘(6) RESPONSIBILITIES OF SECRETARY OF HOMELAND SECURITY- As part of the verification system, 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 method, which, within the time periods specified under paragraphs (2) and (3), 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 in order to validate (or not validate) the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States, or to the extent that the Secretary determines to be feasible and appropriate, whether the records available to the Secretary verify the identity or status of a national of the United States.CommentsClose CommentsPermalink





‘(7) OFFENSES-CommentsClose CommentsPermalink





‘(A) IN GENERAL- Any person or entity that, in making an inquiry under subsection (b)(1)(C)(i)(II), provides to the verification system a social security account number or an identification or authorization number established by the Secretary of Homeland Security that belongs to a person other than the individual whose identity and employment authorization are being verified, knowing that the number does not belong to the individual whose identity and employment authorization are being verified, shall be fined under title 18, United States Code, imprisoned not less than 1 year and not more than 15 years, or both. If the person or entity, in making an inquiry under subsection (b)(1)(C)(i)(II), during and in relation to any felony violation enumerated in section 1028A(c) of title 18, United States Code, provides to the verification system a social security account number or an identification or authorization number established by the Secretary of Homeland Security that belongs to a person other than the individual whose identity and employment authorization are being verified, knowing that the number does not belong to the individual whose identity and work authorization are being verified, in addition to the punishment provided for such felony, shall be fined under title 18, United States Code, imprisoned for a term of 2 years, or both.CommentsClose CommentsPermalink





‘(B) CONSECUTIVE SENTENCE- Notwithstanding any other provision of law--CommentsClose CommentsPermalink





‘(i) a court shall not place on probation any person or entity convicted of a violation of this paragraph;CommentsClose CommentsPermalink





‘(ii) except as provided in clause (iv), no term of imprisonment imposed on a person or entity under this section shall run concurrently with any other term of imprisonment imposed on the person or entity under any other provision of law, including any term of imprisonment imposed for the felony enumerated in section 1028A(c) of title 18, United States Code, during which the violation of this paragraph occurred;CommentsClose CommentsPermalink





‘(iii) in determining any term of imprisonment to be imposed for the felony enumerated in section 1028A(c) of title 18, United States Code, during which the violation of this section occurred, a court shall not in any way reduce the term to be imposed for such crime so as to compensate for, or otherwise take into account, any separate term of imprisonment imposed or to be imposed for a violation of this paragraph; andCommentsClose CommentsPermalink





‘(iv) a term of imprisonment imposed on a person or entity for a violation of this paragraph may, in the discretion of the court, run concurrently, in whole or in part, only with another term of imprisonment that is imposed by the court at the same time on that person or entity for an additional violation of this paragraph, except that such discretion shall be exercised in accordance with any applicable guidelines and policy statements issued by the United States Sentencing Commission pursuant to section 994 of title 28, United States Code.CommentsClose CommentsPermalink





‘(8) UPDATING INFORMATION- The Commissioner of Social Security and the Secretary of Homeland Security shall 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 (3).CommentsClose CommentsPermalink





‘(9) LIMITATION ON USE OF THE VERIFICATION SYSTEM AND ANY RELATED SYSTEMS-CommentsClose CommentsPermalink





‘(A) NO NATIONAL IDENTIFICATION CARD- Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.CommentsClose CommentsPermalink





‘(B) CRITICAL INFRASTRUCTURE- The Secretary may authorize or 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 the verification system to the extent the Secretary determines that such use will assist in the protection of the critical infrastructure.CommentsClose CommentsPermalink





‘(10) REMEDIES- If an individual alleges that the individual would not have been dismissed from a job but for an error of the verification mechanism, the individual may seek compensation only through the mechanism of the Federal Tort Claims Act, and injunctive relief to correct such error. No class action may be brought under this paragraph.’.CommentsClose CommentsPermalink

SEC. 4. 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--CommentsClose CommentsPermalink





(1) in paragraph (1)(A), by striking ‘for a fee’;CommentsClose CommentsPermalink





(2) in paragraph (1), by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink





‘(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).’;CommentsClose CommentsPermalink





(3) in paragraph (2), by striking ‘after hiring an alien for employment in accordance with paragraph (1),’ and inserting ‘after complying with paragraph (1),’; andCommentsClose CommentsPermalink





(4) in paragraph (3), by striking ‘hiring,’ and inserting ‘hiring, employing,’ each place it appears.CommentsClose CommentsPermalink





(b) Definition- Section 274A(h) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)), as amended by section 2(b) of this Act, is further amended by adding at the end the following:CommentsClose CommentsPermalink





‘(5) DEFINITION OF RECRUIT OR REFER- As used in this section, 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. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in the definition whether or not they receive remuneration, as are 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. As used in this section, 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. Only persons or entities referring for remuneration (whether on a retainer or contingency basis) are included in the definition, except that union hiring halls that refer union members or nonunion individuals who pay union membership dues are included in this definition whether or not they receive remuneration, as are 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.’.CommentsClose CommentsPermalink





(c) Effective Date- The amendments made by this section shall take effect on the date that is 1 year after the date of the enactment of this Act, except that the amendments made by subsection (a) shall take effect 6 months after the date of the enactment of this Act insofar as such amendments relate to continuation of employment.CommentsClose CommentsPermalink

SEC. 5. 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:CommentsClose CommentsPermalink





‘(3) GOOD FAITH DEFENSE-CommentsClose CommentsPermalink





‘(A) DEFENSE- An employer (or person or entity that hires, employs, recruits, or refers (as defined in subsection (h)(5)), or is otherwise obligated to comply with this section) who establishes that it has complied in good faith with the requirements of subsection (b)--CommentsClose CommentsPermalink





‘(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); andCommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(B) 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 apply:CommentsClose CommentsPermalink





‘(i) FAILURE TO SEEK VERIFICATION-CommentsClose CommentsPermalink





‘(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).CommentsClose CommentsPermalink





‘(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 working day in which the verification mechanism registers no nonresponses and qualify for such defense.CommentsClose CommentsPermalink





‘(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.’.CommentsClose CommentsPermalink

SEC. 6. PREEMPTION.

Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to read as follows:CommentsClose CommentsPermalink





‘(2) PREEMPTION- The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, insofar as they may now or hereafter relate to the hiring, continued employment, or status verification for employment eligibility purposes, of unauthorized aliens. A State, locality, municipality, or political subdivision may exercise its authority over business licensing and similar laws as a penalty for failure to use the verification system described in subsection (d) to verify employment eligibility when and as required under subsection (b).’.CommentsClose CommentsPermalink

SEC. 7. REPEAL.

(a) In General- Subtitle A of title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1234a note) is repealed.CommentsClose CommentsPermalink





(b) 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, 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 the employment eligibility confirmation system established under section 274A(d) of the Immigration and Nationality Act, as amended by section 3 of this Act.CommentsClose CommentsPermalink





(c) Effective Date- This section shall take effect on the date that is 36 months after the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 8. PENALTIES.

Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended--CommentsClose CommentsPermalink





(1) in subsection (e)(1)--CommentsClose CommentsPermalink





(A) by striking ‘Attorney General’ each place such term appears and inserting ‘Secretary of Homeland Security’; andCommentsClose CommentsPermalink





(B) by striking ‘Service’ and inserting ‘Department of Homeland Security’;CommentsClose CommentsPermalink





(2) in subsection (e)(4)--CommentsClose CommentsPermalink





(A) in subparagraph (A), in the matter before clause (i), by inserting ‘, subject to paragraph (10),’ after ‘in an amount’;CommentsClose CommentsPermalink





(B) 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’;CommentsClose CommentsPermalink





(C) 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’;CommentsClose CommentsPermalink





(D) 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’; andCommentsClose CommentsPermalink





(E) by amending subparagraph (B) to read as follows:CommentsClose CommentsPermalink





‘(B) may require the person or entity to take such other remedial action as is appropriate.’;CommentsClose CommentsPermalink





(3) in subsection (e)(5)--CommentsClose CommentsPermalink





(A) in the paragraph heading, strike ‘PAPERWORK’;CommentsClose CommentsPermalink





(B) by inserting ‘, subject to paragraphs (10) through (12),’ after ‘in an amount’;CommentsClose CommentsPermalink





(C) by striking ‘$100’ and inserting ‘$1,000’;CommentsClose CommentsPermalink





(D) by striking ‘$1,000’ and inserting ‘$25,000’;CommentsClose CommentsPermalink





(E) 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).’;CommentsClose CommentsPermalink





(4) by adding at the end of subsection (e) the following:CommentsClose CommentsPermalink





‘(10) EXEMPTION FROM PENALTY FOR GOOD FAITH VIOLATION- In the case of imposition of a civil penalty under paragraph (4)(A) with respect to a violation of subsection (a)(1)(A) or (a)(2) 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.CommentsClose CommentsPermalink





‘(11) AUTHORITY TO DEBAR EMPLOYERS FOR CERTAIN VIOLATIONS-CommentsClose CommentsPermalink





‘(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.CommentsClose CommentsPermalink





‘(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 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.CommentsClose CommentsPermalink





‘(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 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.CommentsClose CommentsPermalink





‘(D) REVIEW- Any decision to debar a person or entity in accordance with this paragraph shall be reviewable pursuant to part 9.4 of the Federal Acquisition Regulation.CommentsClose CommentsPermalink





‘(12) OFFICE FOR STATE AND LOCAL GOVERNMENT COMPLAINTS- The Secretary of Homeland Security shall establish an office--CommentsClose CommentsPermalink





‘(A) to which State and local government agencies may submit information indicating potential violations of subsection (a), (b), or (g)(1) that were generated in the normal course of law enforcement or the normal course of other official activities in the State or locality;CommentsClose CommentsPermalink





‘(B) that is required to indicate to the complaining State or local agency within 5 business days of the filing of such a complaint by identifying whether the Secretary will further investigate the information provided;CommentsClose CommentsPermalink





‘(C) that is required to investigate those complaints filed by State or local government agencies that, on their face, have a substantial probability of validity;CommentsClose CommentsPermalink





‘(D) that is required to notify the complaining State or local agency of the results of any such investigation conducted; andCommentsClose CommentsPermalink





‘(E) that is required to report to the Congress annually the number of complaints received under this paragraph, the States and localities that filed such complaints, and the resolution of the complaints investigated by the Secretary.’; andCommentsClose CommentsPermalink





(5) by amending paragraph (1) of subsection (f) to read as follows:CommentsClose CommentsPermalink





‘(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 one year and not more than 10 years, or both, notwithstanding the provisions of any other Federal law relating to fine levels.’.CommentsClose CommentsPermalink

SEC. 9. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.

(a) Funding Under Agreement- Effective for fiscal years beginning on or after October 1, 2012, the Commissioner of Social Security and the Secretary of Homeland Security shall enter into and maintain an agreement which shall--CommentsClose CommentsPermalink





(1) provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act, including (but not limited to)--CommentsClose CommentsPermalink





(A) acquiring, installing, and maintaining technological equipment and systems necessary for the fulfillment of the responsibilities of the Commissioner under such section 274A(d), but only that portion of such costs that are attributable exclusively to such responsibilities; andCommentsClose CommentsPermalink





(B) responding to individuals who contest a tentative nonconfirmation provided by the employment eligibility verification system established under such section;CommentsClose CommentsPermalink





(2) provide such funds annually in advance of the applicable quarter based on estimating methodology agreed to by the Commissioner and the Secretary (except in such instances where the delayed enactment of an annual appropriation may preclude such quarterly payments); andCommentsClose CommentsPermalink





(3) require an annual accounting and reconciliation of the actual costs incurred and the funds provided under the agreement, which shall be reviewed by the Inspectors General of the Social Security Administration and the Department of Homeland Security.CommentsClose CommentsPermalink





(b) Continuation of Employment Verification in Absence of Timely Agreement- In any case in which the agreement required under subsection (a) for any fiscal year beginning on or after October 1, 2012, has not been reached as of October 1 of such fiscal year, the latest agreement between the Commissioner and the Secretary of Homeland Security providing for funding to cover the costs of the responsibilities of the Commissioner under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in effect on an interim basis for such fiscal year until such time as an agreement required under subsection (a) is subsequently reached, except that the terms of such interim agreement shall be modified by the Director of the Office of Management and Budget to adjust for inflation and any increase or decrease in the volume of requests under the employment eligibility verification system. In any case in which an interim agreement applies for any fiscal year under this subsection, the Commissioner and the Secretary shall, not later than October 1 of such fiscal year, notify the Committee on Ways and Means, the Committee on the Judiciary, and the Committee on Appropriations of the House of Representatives and the Committee on Finance, the Committee on the Judiciary, and the Committee on Appropriations of the Senate of the failure to reach the agreement required under subsection (a) for such fiscal year. Until such time as the agreement required under subsection (a) has been reached for such fiscal year, the Commissioner and the Secretary shall, not later than the end of each 90-day period after October 1 of such fiscal year, notify such Committees of the status of negotiations between the Commissioner and the Secretary in order to reach such an agreement.CommentsClose CommentsPermalink

SEC. 10. 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 in the employment eligibility verification system established under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act, or that are otherwise suspected or determined to have been compromised by identity fraud or other misuse, shall be blocked from use for such system purposes unless the individual using such number is able to establish, through secure and fair additional security procedures, that the individual is the legitimate holder of the number.CommentsClose CommentsPermalink





(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 number or other identifying information for purposes of the employment eligibility verification system established under section 274A(d) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as amended by section 3 of this Act. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals.CommentsClose CommentsPermalink

SEC. 11. BIOMETRIC EMPLOYMENT ELIGIBILITY VERIFICATION PILOT PROGRAM.

Not later than 48 months after the date of the enactment of the Legal Workforce Act, the Secretary of Homeland Security, after consultation with the Commissioner of Social Security and the Director of the National Institute of Standards and Technology, shall establish by regulation a Biometric Employment Eligibility Verification pilot program (the ‘Biometric Pilot’). The purpose of the Biometric Pilot shall be to provide for identity authentication and employment eligibility verification with respect to enrolled new employees which shall be available to subject employers who elect to participate in the Biometric Pilot. Any subject employer may cancel the employer’s participation in the Biometric Pilot after one year after electing to participate without prejudice to future participation.CommentsClose CommentsPermalink