,,ii #aacth ,,congress #ast ,session ,s4 #bjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,january #ca1 #bjac ,mr4 ,grassley 7for himself1 ,mr4 ,boozman1 ,mr4 ,corker1 ,mr4 ,johanns1 ,mr4 ,lee1 ,mr4 ,sessions1 ,mr4 ,vitter1 ,mr4 ,wicker1 ,mrs4 ,fischer1 ,mr4 ,hatch1 and ,mr4 ,enzi7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to expand the use of ,e-,verify1 to hold employers accountable1 and for other purposes4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,accountability ,through ,electronic ,verification ,act4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,sec4 #b4 ,permanent reauthorization4 ,sec4 #c4 ,mandatory use of ,e-,verify4 ,sec4 #d4 ,consequences of failure to participate4 ,sec4 #e4 ,preemption2 liability4 ,sec4 #f4 ,expanded use of ,e-,verify4 ,sec4 #g4 ,reverification4 ,sec4 #h4 ,holding employers accountable4 ,sec4 #i4 ,information sharing4 ,sec4 #aj4 ,form ,i-#i ,process4 ,sec4 #aa4 ,algorithm4 ,sec4 #ab4 ,identity theft4 ,sec4 #ac4 ,small ,business ,demonstration ,program4 #b4 ,permanent reauthorization ,section #dja7;b7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7division ,c of ,public ,law #ajd-bjh2 #h ,u4,s4,c4 #acbd;a note7 is amended by striking ,unless the ,congress otherwise provides1 the ,secretary of ,homeland ,security shall terminate a pilot program on ,september #cj1 #bjae44 #c4 ,mandatory use of ,e-,verify 7a7 ,federal ,government ,section #djb7;e77#a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended-- 7#a7 by amending subparagraph 7,a7 to read as follows3 7,a7 ,executive departments and agencies ,each department and agency of the ,federal ,government shall participate in ,e-,verify by complying with the terms and conditions set forth in this section4 2 and 7#b7 in subparagraph 7,b71 by striking 1 that conducts hiring in a ,state and all that follows and inserting shall participate in ,e-,verify by complying with the terms and conditions set forth in this section44 7b7 ,federal contractors2 critical employers ,section #djb7;e7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended-- 7#a7 by redesignating paragraphs 7#b7 and 7#c7 as paragraphs 7#d7 and 7#e71 respectively2 and 7#b7 by inserting after paragraph 7#a7 the following3 7#b7 ,united states contractors ,any person1 employer1 or other entity that enters into a contract with the ,federal ,government shall participate in ,e-,verify by complying with the terms and conditions set forth in this section4 7#c7 ,designation of critical employers ,not later than #g days after the date of the enactment of this paragraph1 the ,secretary of ,homeland ,security shall-- 7,a7 conduct an assessment of employers that are critical to the homeland security or national security needs of the ,united ,states2 7,b7 designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph 7,a72 and 7,c7 require that critical employers designated pursuant to subparagraph 7,b7 participate in ,e-,verify by complying with the terms and conditions set forth in this section not later than #cj days after the ,secretary makes such designation4 4 7c7 ,all employers ,section #djb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended-- 7#a7 by redesignating subsection 7f7 as subsection 7g72 and 7#b7 by inserting after subsection 7e7 the following3 7f7 ,mandatory participation in ,e-,verify 7#a7 ,in general ,subject to paragraphs 7#b7 and 7#c71 all employers in the ,united ,states shall participate in ,e-,verify1 with respect to all employees recruited1 referred1 or hired by such employer on or after the date that is #a year after the date of the enactment of this subsection4 7#b7 ,use of contract labor ,any employer who uses a contract1 subcontract1 or exchange to obtain the labor of an individual in the ,united ,states shall certify in such contract1 subcontract1 or exchange that the employer uses ,e-,verify4 ,if such certification is not included in a contract1 subcontract1 or exchange1 the employer shall be deemed to have violated paragraph 7#a74 7#c7 ,interim mandatory participation 7,a7 ,in general ,before the date set forth in paragraph 7#a71 the ,secretary of ,homeland ,security shall require any employer or class of employers to participate in ,e-,verify1 with respect to all employees recruited1 referred1 or hired by such employer if the ,secretary has reasonable cause to believe that the employer is or has been engaged in a material violation of section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a74 7,b7 ,notification ,not later than #ad days before an employer or class of employers is required to begin participating in ,e-,verify pursuant to subparagraph 7,a71 the ,secretary shall provide such employer or class of employers with-- 7i7 written notification of such requirement2 and 7ii7 appropriate training materials to facilitate compliance with such requirement4 4 #d4 ,consequences of failure to participate 7a7 ,in general ,section #djb7;e77#e7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 as redesignated by section #c7;b77#a71 is amended to read as follows3 7#e7 ,consequences of failure to participate ,if a person or other entity that is required to participate in ,e-,verify fails to comply with the requirements under this title with respect to an individual-- 7,a7 such failure shall be treated as a violation of section #bgd;,a7a77#a77;,b7 with respect to such individual2 and 7,b7 a rebuttable presumption is created that the person or entity has violated section #bgd;,a7a77#a77;,a74 4 7b7 ,penalties ,section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7 is amended-- 7#a7 in subsection 7e7-- 7,a7 in paragraph 7#d7-- 7i7 in subparagraph 7,a71 in the matter preceding clause 7i71 by inserting 1 subject to paragraph 7#aj71 after in an amount2 7ii7 in subparagraph 7,a77i71 by striking not less than #bej and not more than #b1jjj and inserting not less than #b1ejj and not more than #e1jjj2 7iii7 in subparagraph 7,a77ii71 by striking not less than #b1jjj and not more than #e1jjj and inserting not less than #e1jjj and not more than #aj1jjj2 7iv7 in subparagraph 7,a77iii71 by striking not less than #c1jjj and not more than #aj1jjj and inserting not less than #aj1jjj and not more than #be1jjj2 and 7v7 by amending subparagraph 7,b7 to read as follows3 7,b7 may require the person or entity to take such other remedial action as is appropriate4 2 7,b7 in paragraph 7#e7-- 7i7 by inserting 1 subject to paragraphs 7#aj7 through 7#ab71 after in an amount2 7ii7 by striking #ajj and inserting #a1jjj2 7iii7 by striking #a1jjj and inserting #be1jjj2 7iv7 by striking the size of the business of the employer being charged1 the good faith of the employer and inserting the good faith of the employer being charged2 and 7v7 by adding at the end the following3 ,failure by a person or entity to utilize the employment eligibility verification system as required by law1 or providing information to the system that the person or entity knows or reasonably believes to be false1 shall be treated as a violation of subsection 7a77#a77;,a742 and 7,c7 by adding at the end the following3 7#aj7 ,exemption from penalty ,in the case of imposition of a civil penalty under paragraph 7#d77;,a7 with respect to a violation of subsection 7a77#a77;,a7 or 7a77#b7 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 7#e7 for a violation of subsection 7a77#a77;,b7 for hiring or recruitment or referral by a person or entity1 the penalty otherwise imposed may be waived or reduced if the violator establishes that the violator acted in good faith4 7#aa7 ,authority to debar employers for certain violations 7,a7 ,in general ,if a person or entity is determined by the ,secretary of ,homeland ,security to be a repeat violator of paragraph 7#a77;,a7 or 7#b7 of subsection 7a71 or is convicted of a crime under this section1 such person or entity may be considered for debarment from the receipt of ,federal contracts1 grants1 or cooperative agreements in accordance with the debarment standards and pursuant to the debarment procedures set forth in the ,federal ,acquisition ,regulation4 7,b7 ,does not have contract1 grant1 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 paragraph1 and such an person or entity does not hold a ,federal contract1 grant or cooperative agreement1 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 ,procurement1 and if so1 for what duration and under what scope4 7,c7 ,has contract1 grant1 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 paragraph1 and such person or entity holds a ,federal contract1 grant or cooperative agreement1 the ,secretary or ,attorney ,general shall advise all agencies or departments holding a contract1 grant1 or cooperative agreement with the person or entity of the ,government's interest in having the person or entity considered for debarment1 and after soliciting and considering the views of all such agencies and departments1 the ,secretary or ,attorney ,general may waive the operation of this paragraph or refer the matter to any appropriate lead agency to determine whether to list the person or entity on the ,list of ,parties ,excluded from ,federal ,procurement1 and if so1 for what duration and under what scope4 7,d7 ,review ,any decision to debar a person or entity under in accordance with this paragraph shall be reviewable pursuant to part #i4d of the ,federal ,acquisition ,regulation4 2 and 7#b7 in subsection 7f7-- 7,a7 by amending paragraph 7#a7 to read as follows3 7#a7 ,criminal penalty ,any person or entity which engages in a pattern or practice of violations of subsection 7a77#a7 or 7#b7 shall be fined not more than #ae1jjj for each unauthorized alien with respect to which such a violation occurs1 imprisoned for not less than #a year and not more than #aj years1 or both1 notwithstanding the provisions of any other ,federal law relating to fine levels4 2 and 7,b7 in paragraph 7#b71 by striking ,attorney ,general each place it appears and inserting ,secretary of ,homeland ,security4 #e4 ,preemption2 liability ,section #djb of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note71 as amended by this ,act1 is further amended by adding at the end the following3 7h7 ,limitation on ,state authority 7#a7 ,preemption ,a ,state or local government may not prohibit a person or other entity from verifying the employment authorization of new hires or current employees through ,e-,verify4 7#b7 ,liability ,a person or other entity that participates in ,e-,verify may not be held liable under any ,federal1 ,state1 or local law for any employment-related action taken with respect to the wrongful termination of an individual in good faith reliance on information provided through ,e-,verify4 4 #f4 ,expanded use of ,e-,verify ,section #djc7;a77#c77;,a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended to read as follows3 7,a7 ,in general 7i7 ,before hiring ,the person or other entity may verify the employment eligibility of an individual through ,e-,verify before the individual is hired1 recruited1 or referred if the individual consents to such verification4 ,if an employer receives a tentative nonconfirmation for an individual1 the employer shall comply with procedures prescribed by the ,secretary1 including-- 7,i7 providing the individual employees with private1 written notification of the finding and written referral instructions2 7,,ii7 allowing the individual to contest the finding2 and 7,,iii7 not taking adverse action against the individual if the individual chooses to contest the finding4 7ii7 ,after employment offer ,the person or other entity shall verify the employment eligibility of an individual through ,e-,verify not later than #c days after the date of the hiring1 recruitment1 or referral1 as the case may be4 7iii7 ,existing employees ,not later than #c years after the date of the enactment of the ,accountability ,through ,electronic ,verification ,act1 the ,secretary shall require all employers to use ,e-,verify to verify the identity and employment eligibility of any individual who has not been previously verified by the employer through ,e-,verify4 4 #g4 ,reverification ,section #djc7;a7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended by adding at the end the following3 7#e7 ,reverification ,each person or other entity participating in ,e-,verify shall use the ,e-,verify confirmation system to reverify the work authorization of any individual not later than #c days after the date on which such individual's employment authorization is scheduled to expire 7as indicated by the ,secretary or the documents provided to the employer pursuant to section #bgd;,a7b7 of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a7b7771 in accordance with the procedures set forth in this subsection and section #djb4 4 #h4 ,holding employers accountable 7a7 ,consequences of nonconfirmation ,section #djc7;a77#d77;,c7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended to read as follows3 7,c7 ,consequences of nonconfirmation 7i7 ,termination and notification ,if the person or other entity receives a final nonconfirmation regarding an individual1 the employer shall immediately-- 7,i7 terminate the employment1 recruitment1 or referral of the individual2 and 7,,ii7 submit to the ,secretary any information relating to the individual that the ,secretary determines would assist the ,secretary in enforcing or administering ,united ,states immigration laws4 7ii7 ,consequence of continued employment ,if the person or other entity continues to employ1 recruit1 or refer the individual after receiving final nonconfirmation1 a rebuttable presumption is created that the employer has violated section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a74 4 7b7 ,interagency nonconfirmation report ,section #dje of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended by adding at the end the following3 7c7 ,interagency nonconfirmation report 7#a7 ,in general ,the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall submit a weekly report to the ,assistant ,secretary of ,immigration and ,customs ,enforcement that includes1 for each individual who receives final nonconfirmation through ,e-,verify-- 7,a7 the name of such individual2 7,b7 his or her ,social ,security number or alien file number2 7,c7 the name and contact information for his or her current employer2 and 7,d7 any other critical information that the ,assistant ,secretary determines to be appropriate4 7#b7 ,use of weekly report ,the ,secretary of ,homeland ,security shall use information provided under paragraph 7#a7 to enforce compliance of the ,united ,states immigration laws4 4 #i4 ,information sharing ,the ,commissioner of ,social ,security1 the ,secretary of ,homeland ,security1 and the ,secretary of the ,treasury shall jointly establish a program to share information among such agencies that may or could lead to the identification of unauthorized aliens 7as defined under section #bgd;,a7h77#c7 of the ,immigration and ,nationality ,act71 including any no-match letter and any information in the earnings suspense file4 #aj4 ,form ,i-#i ,process ,not later than #i months after date of the enactment of this ,act1 the ,secretary of ,homeland ,security shall submit a report to ,congress that contains recommendations for-- 7#a7 modifying and simplifying the process by which employers are required to complete and retain a ,form ,i-#i for each employee pursuant to section #bgd;,a of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd;a72 and 7#b7 eliminating the process described in paragraph 7#a74 #aa4 ,algorithm ,section #djd7;d7 of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended to read as follows3 7d7 ,design and operation of system ,e-,verify shall be designed and operated-- 7#a7 to maximize its reliability and ease of use by employers2 7#b7 to insulate and protect the privacy and security of the underlying information2 7#c7 to maintain appropriate administrative1 technical1 and physical safeguards to prevent unauthorized disclosure of personal information2 7#d7 to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed2 7#e7 to register any times when ,e-,verify is unable to receive inquiries2 7#f7 to allow for auditing use of the system to detect fraud and identify theft2 7#g7 to preserve the security of the information in all of the system by-- 7,a7 developing and using algorithms to detect potential identity theft1 such as multiple uses of the same identifying information or documents2 7,b7 developing and using algorithms to detect misuse of the system by employers and employees2 7,c7 developing capabilities to detect anomalies in the use of the system that may indicate potential fraud or misuse of the system2 and 7,d7 auditing documents and information submitted by potential employees to employers1 including authority to conduct interviews with employers and employees2 7#h7 to confirm identity and work authorization through verification of records maintained by the ,secretary1 other ,federal departments1 ,states1 the ,commonwealth of the ,northern ,mariana ,islands1 or an outlying possession of the ,united ,states1 as determined necessary by the ,secretary1 including-- 7,a7 records maintained by the ,social ,security ,administration2 7,b7 birth and death records maintained by vital statistics agencies of any ,state or other jurisdiction in the ,united ,states2 7,c7 passport and visa records 7including photographs7 maintained by the ,department of ,state2 and 7,d7 ,state driver's license or identity card information 7including photographs7 maintained by ,state department of motor vehicles2 7#i7 to electronically confirm the issuance of the employment authorization or identity document2 and 7#aj7 to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee or1 in exceptional cases1 if a photograph is not available from the issuer1 to provide for a temporary alternative procedure1 specified by the ,secretary1 for confirming the authenticity of the document4 4 #ab4 ,identity theft ,section #ajbh of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in subsection 7a77#g71 by striking of another person and inserting that is not his or her own2 and 7#b7 in subsection 7b77#c7-- 7,a7 in subparagraph 7,b71 by striking or at the end2 7,b7 in subparagraph 7,c71 by adding or at the end2 and 7,c7 by adding at the end the following3 7,d7 to facilitate or assist in harboring or hiring unauthorized workers in violation of section #bgd1 #bgd;,a1 or #bgd;,c of the ,immigration and ,nationality ,act 7#h ,u4,s4,c4 #acbd1 #acbd;a1 and #acbd;c74 4 #ac4 ,small ,business ,demonstration ,program ,section #djc of the ,illegal ,immigration ,reform and ,immigrant ,responsibility ,act of #aiif 7#h ,u4,s4,c4 #acbd;a note7 is amended-- 7#a7 by redesignating subsection 7d7 as subsection 7e72 and 7#b7 by inserting after subsection 7c7 the following3 7d7 ,small ,business ,demonstration ,program ,not later than #i months after the date of the enactment of the ,accountability ,through ,electronic ,verification ,act1 the ,director of ,u4,s4 ,citizenship and ,immigration ,services shall establish a demonstration program that assists small businesses in rural areas or areas without internet capabilities to verify the employment eligibility of newly hired employees solely through the use of publicly accessible internet terminals4 4