[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4529 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4529
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
June 13, 2024
Mr. Romney (for himself, Mr. Cotton, Mr. Cassidy, Mr. Lankford, Mr.
Vance, and Mr. Manchin) 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 2024''.
(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 2024, 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), 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
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 2024, 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, in fiscal year
2024, and in 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