119-s1151

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 1151 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 1151

 To expand the use of E-Verify to hold employers accountable, and for 
 other purposes.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 March 26, 2025

 Mr. Grassley (for himself, Mr. Tuberville, Mr. Lee, Mr. Cruz, Mrs. 
 Britt, Mr. Lankford, Mrs. Capito, and Ms. Ernst) introduced the 
 following bill; which was read twice and referred to the Committee on 
 the Judiciary

_______________________________________________________________________

 A BILL

 To expand the use of E-Verify to hold employers accountable, 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 ``Accountability 
Through Electronic Verification Act''.

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.

Sec. 2. Permanent reauthorization.

Sec. 3. Mandatory use of E-Verify.

Sec. 4. Consequences of failure to participate.

Sec. 5. Preemption; liability.

Sec. 6. Expanded use of E-Verify.

Sec. 7. Reverification.

Sec. 8. Holding employers accountable.

Sec. 9. Information sharing.

Sec. 10. Form I-9 process.

Sec. 11. Design and operation of E-Verify.

Sec. 12. Identity theft.

Sec. 13. Small Business Demonstration Program.

Sec. 14. Employer Compliance Inspection Center.

SEC. 2. PERMANENT REAUTHORIZATION.

 

Section 401

    (b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1324a note) is amended by striking ``Unless the Congress otherwise 
provides, the Secretary of Homeland Security shall terminate a pilot 
program on September 30, 2015.''.

SEC. 3. MANDATORY USE OF E-VERIFY.

    (a) Federal Government.--

Section 402

    (e)

    (1) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (division C 
of Public Law 104-208; 8 U.S.C. 1324a note) is amended--

    (1) by amending subparagraph
        (A) to read as follows:
 ``
        (A) Executive departments and agencies.--Each 
 department and agency of the Federal Government shall 
 participate in E-Verify by complying with the terms and 
 conditions set forth in this section.''; and

    (2) in subparagraph
        (B) , by striking ``, that conducts 
 hiring in a State'' and all that follows and inserting ``shall 
 participate in E-Verify by complying with the terms and 
 conditions set forth in this section.''.

    (b) Federal Contractors; Critical Employers.--

Section 402

    (e) of 
such Act, as amended by subsection

    (a) , is further amended--

    (1) by redesignating paragraphs

    (2) and

    (3) as paragraphs

    (4) and

    (5) , respectively; and

    (2) by inserting after paragraph

    (1) the following:
 ``

    (2) United states contractors.--Any person, employer, or 
 other entity that enters into a contract with the Federal 
 Government shall participate in E-Verify by complying with the 
 terms and conditions set forth in this section.
 ``

    (3) Designation of critical employers.--Not later than 7 
 days after the date of the enactment of the Accountability 
 Through Electronic Verification Act, the Secretary of Homeland 
 Security shall--
 ``
        (A) conduct an assessment of employers that are 
 critical to the homeland security or national security 
 needs of the United States;
 ``
        (B) designate and publish a list of employers and 
 classes of employers that are deemed to be critical 
 pursuant to the assessment conducted under subparagraph
        (A) ; and
 ``
            (C) require that critical employers designated 
 pursuant to subparagraph
        (B) participate in E-Verify by 
 complying with the terms and conditions set forth in 
 this section not later than 30 days after the Secretary 
 makes such designation.''.
            (c) All Employers.--

Section 402 of such Act, as amended by this 
section, is further amended--

    (1) by redesignating subsection

    (f) as subsection

    (h) ; and

    (2) by inserting after subsection

    (e) the following:
 ``

    (f) Mandatory Participation in E-Verify.--
 ``

    (1) In general.--Subject to paragraphs

    (2) and

    (3) , all 
 employers in the United States shall participate in E-Verify, 
 with respect to all employees recruited, referred, or hired by 
 such employer on or after the date that is 1 year after the 
 date of the enactment of the Accountability Through Electronic 
 Verification Act.
 ``

    (2) Use of contract labor.--Any employer who uses a 
 contract, subcontract, or exchange to obtain the labor of an 
 individual in the United States shall certify in such contract, 
 subcontract, or exchange that the employer, and all parties to 
 such contract, subcontract, or exchange, use E-Verify. If such 
 certification is not included in a contract, subcontract, or 
 exchange, the employer shall be deemed to have violated 
 paragraph

    (1) .
 ``

    (3) Interim mandatory participation.--
 ``
        (A) In general.--Before the date set forth in 
 paragraph

    (1) , the Secretary of Homeland Security shall 
 require any employer or class of employers to 
 participate in E-Verify, with respect to all employees 
 recruited, referred, or hired by such employer if the 
 Secretary has reasonable cause to believe that such 
 employer is or has been engaged in a material violation 
 of 

section 274A of the Immigration and Nationality Act 
 (8 U.S.C. 1324a).
 ``
        (B) Notification.--Not later than 14 days before 
 an employer or class of employers is required to begin 
 participating in E-Verify pursuant to subparagraph
        (A) , 
 the Secretary shall provide such employer or class of 
 employers with--
 ``
            (i) written notification of such 
 requirement; and
 ``
            (ii) appropriate training materials to 
 facilitate compliance with such requirement.''.

SEC. 4. CONSEQUENCES OF FAILURE TO PARTICIPATE.

    (a) In General.--

Section 402

    (e)

    (5) of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), 
as redesignated by 

section 3

    (b)

    (1) , is amended to read as follows:
 ``

    (5) Consequences of failure to participate.--If a person 
 or other entity that is required to participate in E-Verify 
 fails to comply with the requirements under this title with 
 respect to an individual--
 ``
        (A) such failure shall be treated as a violation 
 of 

section 274A

    (a)

    (1)
        (B) of the Immigration and 
 Nationality Act (8 U.S.C. 1324a) with respect to such 
 individual; and
 ``
        (B) a rebuttable presumption is created that the 
 person or entity has violated 

section 274A

    (a)

    (1)
        (A) of 
 such Act.''.

    (b) Penalties.--

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

    (1) in subsection

    (e) --
        (A) in paragraph

    (4) --
            (i) in subparagraph
        (A) --
            (I) in the matter preceding clause
            (i) , by inserting ``, subject to 
 paragraph

    (10) ,'' after ``in an 
 amount'';
            (II) in clause
            (i) , by striking 
 ``not less than $250 and not more than 
 $2,000'' and inserting ``not less than 
 $2,500 and not more than $5,000'';
            (III) in clause
            (ii) , by striking 
 ``not less than $2,000 and not more 
 than $5,000'' and inserting ``not less 
 than $5,000 and not more than 
 $10,000''; and
            (IV) in clause
            (iii) , by striking 
 ``not less than $3,000 and not more 
 than $10,000'' and inserting ``not less 
 than $10,000 and not more than 
 $25,000''; and
            (ii) by amending subparagraph
        (B) to read 
 as follows:
 ``
        (B) may require the person or entity to take such 
 other remedial action as is appropriate.'';
        (B) in paragraph

    (5) --
            (i) by striking ``of not less than $100 and 
 not more than $1,000'' and inserting ``, 
 subject to paragraphs

    (10) through

    (12) , of not 
 less than $1,000 and not more than $25,000'';
            (ii) by striking ``the size of the business 
 of the employer being charged, the good faith 
 of the employer'' and inserting ``the good 
 faith of the employer being charged''; and
            (iii) by adding at the end the following: 
 ``Failure by a person or entity to utilize the 
 employment eligibility verification system as 
 required by law, or providing information to 
 the system that the person or entity knows or 
 reasonably believes to be false, shall be 
 treated as a violation of subsection

    (a)

    (1)
        (A) .''; and
            (C) by adding at the end the following:
 ``

    (10) Exemption from penalty.--In the case of the 
 imposition of a civil penalty under paragraph

    (4)
        (A) with 
 respect to a violation of paragraph

    (1)
        (A) or

    (2) of subsection

    (a) for hiring, continuation of employment, recruitment, or 
 referral by a person or entity and, in the case of the 
 imposition of a civil penalty under paragraph

    (5) for a 
 violation of subsection

    (a)

    (1)
        (B) for hiring, recruitment, or 
 referral by a person or entity, the penalty otherwise imposed 
 may be waived or reduced if the violator establishes that the 
 violator acted in good faith.
 ``

    (11) Authority to debar employers for certain 
 violations.--
 ``
        (A) In general.--If a person or entity is 
 determined by the Secretary of Homeland Security to be 
 a repeat violator of paragraph

    (1)
        (A) or

    (2) of 
 subsection

    (a) , or is convicted of a crime under this 
 section, the Secretary of Homeland Security shall debar 
 such person or entity 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 maintained under 

section 1303

    (a)

    (1) of title 41, United States Code.
 ``
        (B) Does not have contract, grant, agreement.--If 
 the Secretary of Homeland Security debars a person or 
 entity in accordance with this paragraph, and such 
 person or entity does not hold a Federal contract, 
 grant, or cooperative agreement, the Administrator of 
 General Services shall include the person or entity on 
 the List of Parties Excluded From Federal Procurement 
 for 5 years.
 ``
            (C) Has contract, grant, agreement.--If the 
 Secretary of Homeland Security debars a person or 
 entity in accordance with this paragraph, and such 
 person or entity holds a Federal contract, grant, or 
 cooperative agreement, the Secretary--
 ``
            (i) shall notify all agencies or 
 departments holding a contract, grant, or 
 cooperative agreement with the debarred person 
 or entity of such debarment; and
 ``
            (ii) after soliciting and considering the 
 views of all such agencies and departments, may 
 waive the operation of this paragraph.
 ``
            (D) Review.--Any decision to debar a person or 
 entity under in accordance with this paragraph shall be 
 reviewable pursuant to part 9.4 of the Federal 
 Acquisition Regulation.''; and

    (2) in subsection

    (f) --
        (A) by amending paragraph

    (1) to read as follows:
 ``

    (1) Criminal penalty.--Any person or entity which engages 
 in a pattern or practice of violations of paragraph

    (1) or

    (2) of subsection

    (a) shall be fined not more than $30,000 for each 
 unauthorized alien with respect to which such a violation 
 occurs, imprisoned for not less than 1 year and not more than 
 10 years, or both, notwithstanding the provisions of any other 
 Federal law relating to fine levels.''; and
        (B) in paragraph

    (2) , by striking ``Attorney 
 General'' each place such term appears and inserting 
 ``Secretary of Homeland Security''.

SEC. 5. PREEMPTION; LIABILITY.

 

Section 402 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, as amended by sections 3 and 4

    (a) , is 
further amended by inserting after subsection

    (f) the following:
 ``

    (g) Limitation on State Authority.--
 ``

    (1) Preemption.--A State or local government may not 
 prohibit a person or other entity from verifying the employment 
 authorization of new hires or current employees through E-
 Verify.
 ``

    (2) Liability.--A person or other entity that 
 participates in E-Verify may not be held liable under any 
 Federal, State, or local law for any employment-related action 
 taken with respect to the wrongful termination of an individual 
 in good faith reliance on information provided through E-
 Verify.''.

SEC. 6. EXPANDED USE OF E-VERIFY.

 

Section 403

    (a)

    (3)
        (A) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
8 U.S.C. 1324a note) is amended to read as follows:
 ``
        (A) In general.--
 ``
            (i) Before hiring.--The person or other 
 entity may verify the employment eligibility of 
 an individual through E-Verify before the 
 individual is hired, recruited, or referred if 
 the individual consents to such verification. 
 If an employer receives a tentative 
 nonconfirmation for an individual, the employer 
 shall comply with procedures prescribed by the 
 Secretary of Homeland Security, including--
 ``
            (I) providing the individual 
 employees with private, written 
 notification of the finding and written 
 referral instructions;
 ``
            (II) allowing the individual to 
 contest the finding; and
 ``
            (III) not taking adverse action 
 against the individual if the 
 individual chooses to contest the 
 finding.
 ``
            (ii) After employment offer.--The person 
 or other entity shall verify the employment 
 eligibility of an individual through E-Verify 
 not later than 3 days after the date of the 
 hiring, recruitment, or referral, as the case 
 may be.
 ``
            (iii) Existing employees.--Not later than 
 1 year after the date of the enactment of the 
 Accountability Through Electronic Verification 
 Act, the Secretary shall require all employers 
 to use E-Verify to verify the identity and 
 employment eligibility of any individual who 
 has not been previously verified by the 
 employer through E-Verify.''.

SEC. 7. REVERIFICATION.

 

Section 403

    (a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, as amended by 

section 6, is further amended 
by adding at the end the following:
 ``

    (5) Reverification.--Each person or other entity 
 participating in E-Verify shall use the E-Verify confirmation 
 system to reverify the work authorization of any individual not 
 later than 3 days after the date on which such individual's 
 employment authorization is scheduled to expire (as indicated 
 by the Secretary or the documents provided to the employer 
 pursuant to 

section 274A

    (b) of the Immigration and Nationality 
 Act (8 U.S.C. 1324a

    (b) )), in accordance with the procedures set 
 forth in this subsection and in 

section 402.''.

SEC. 8. HOLDING EMPLOYERS ACCOUNTABLE.

    (a) Consequences of Nonconfirmation.--

Section 403

    (a)

    (4)
            (C) of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended to 
read as follows:
 ``
            (C) Consequences of nonconfirmation.--
 ``
            (i) Termination and notification.--If the 
 person or other entity receives a final 
 nonconfirmation regarding an individual, the 
 employer shall immediately--
 ``
            (I) terminate the employment, 
 recruitment, or referral of the 
 individual; and
 ``
            (II) submit to the Secretary any 
 information relating to the individual 
 that the Secretary determines would 
 assist the Secretary in enforcing or 
 administering United States immigration 
 laws.
 ``
            (ii) Consequence of continued 
 employment.--If the person or other entity 
 continues to employ, recruit, or refer the 
 individual after receiving final 
 nonconfirmation, a rebuttable presumption is 
 created that the employer has violated 

section 274A of the Immigration and Nationality Act (8 
 U.S.C. 1324a).''.

    (b) Interagency Nonconfirmation Report.--

Section 405 of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (division C 
of Public Law 104-208; 8 U.S.C. 1324a note) is amended by adding at the 
end the following:
 ``
            (c) Interagency Nonconfirmation Report.--
 ``

    (1) In general.--The Director of U.S. Citizenship and 
 Immigration Services shall submit a weekly report to the 
 Director for U.S. Immigration and Customs Enforcement that 
 includes, for each individual who receives final 
 nonconfirmation through E-Verify--
 ``
        (A) the name of such individual;
 ``
        (B) his or her Social Security number or alien 
 file number;
 ``
            (C) the name and contact information for his or 
 her current employer; and
 ``
            (D) any other critical information that the 
 Assistant Secretary determines to be appropriate.
 ``

    (2) Use of weekly report.--The Secretary of Homeland 
 Security shall use information provided under paragraph

    (1) to 
 enforce compliance with the United States immigration laws.''.

SEC. 9. INFORMATION SHARING.

 Not later than 1 year after the date of the enactment of this Act, 
the Commissioner of Social Security, the Commissioner of Internal 
Revenue, the Secretary of Homeland Security, and the Secretary of the 
Treasury shall jointly establish a program to share information among 
such agencies that may or could lead to the identification of 
unauthorized aliens (as defined in 

section 274A

    (h)

    (3) of the 
Immigration and Nationality Act (8 U.S.C. 1324a

    (h)

    (3) )), including no-
match letters and any information in the earnings suspense file.

SEC. 10. FORM I-9 PROCESS.

 Not later than 9 months after date of the enactment of this Act, 
the Secretary of Homeland Security shall submit a report to Congress 
that contains recommendations for--

    (1) modifying and simplifying the process by which 
 employers are required to complete and retain a Form I-9 for 
 each employee pursuant to 

section 274A of the Immigration and 
 Nationality Act (8 U.S.C. 1324a); and

    (2) eliminating the process described in paragraph

    (1) .

SEC. 11. DESIGN AND OPERATION OF E-VERIFY.

 

Section 404
            (d) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 
1324a note) is amended to read as follows:
 ``
            (d) Design and Operation of System.--E-Verify shall be designed 
and operated--
 ``

    (1) to maximize its reliability and ease of use by 
 employers;
 ``

    (2) to insulate and protect the privacy and security of 
 the underlying information;
 ``

    (3) to maintain appropriate administrative, technical, 
 and physical safeguards to prevent unauthorized disclosure of 
 personal information;
 ``

    (4) to respond accurately to all inquiries made by 
 employers on whether individuals are authorized to be employed;
 ``

    (5) to register any time when E-Verify is unable to 
 receive inquiries;
 ``

    (6) to allow for auditing use of the system to detect 
 fraud and identify theft;
 ``

    (7) to preserve the security of the information in all of 
 the system by--
 ``
        (A) developing and using algorithms to detect 
 potential identity theft, such as multiple uses of the 
 same identifying information or documents;
 ``
        (B) developing and using algorithms to detect 
 misuse of the system by employers and employees;
 ``
            (C) developing capabilities to detect anomalies 
 in the use of the system that may indicate potential 
 fraud or misuse of the system; and
 ``
            (D) auditing documents and information submitted 
 by potential employees to employers, including 
 authority to conduct interviews with employers and 
 employees;
 ``

    (8) to confirm identity and work authorization through 
 verification of records maintained by the Secretary, other 
 Federal departments, States, the Commonwealth of the Northern 
 Mariana Islands, or an outlying possession of the United 
 States, as determined necessary by the Secretary, including--
 ``
        (A) records maintained by the Social Security 
 Administration;
 ``
        (B) birth and death records maintained by vital 
 statistics agencies of any State or other jurisdiction 
 in the United States;
 ``
            (C) passport and visa records (including 
 photographs) maintained by the Department of State; and
 ``
            (D) State driver's license or identity card 
 information (including photographs) maintained by State 
 department of motor vehicles;
 ``

    (9) to electronically confirm the issuance of the 
 employment authorization or identity document; and
 ``

    (10) to display the digital photograph that the issuer 
 placed on the document so that the employer can compare the 
 photograph displayed to the photograph on the document 
 presented by the employee or, in exceptional cases, if a 
 photograph is not available from the issuer, to provide for a 
 temporary alternative procedure, specified by the Secretary, 
 for confirming the authenticity of the document.''.

SEC. 12. IDENTITY THEFT.

 

Section 1028 of title 18, United States Code, is amended--

    (1) in subsection

    (a)

    (7) , by striking ``of another person'' 
 and inserting ``that is not his or her own''; and

    (2) in subsection

    (b)

    (3) --
        (A) in subparagraph
        (B) , by striking ``or'' at the 
 end;
        (B) in subparagraph
            (C) , by adding ``or'' at the 
 end; and
            (C) by adding at the end the following:
 ``
            (D) to facilitate or assist in harboring or 
 hiring unauthorized workers in violation of 

section 274, 274A, or 274C of the Immigration and Nationality 
 Act (8 U.S.C. 1324, 1324a, and 1324c).''.

SEC. 13. SMALL BUSINESS DEMONSTRATION PROGRAM.

 

Section 403 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996, as amended by 

section 6, 7, and 8, is 
further amended--

    (1) by redesignating subsection
            (d) as subsection

    (e) ; and

    (2) by inserting after subsection
            (c) the following:
 ``
            (d) Small Business Demonstration Program.--Not later than 9 
months after the date of the enactment of the Accountability Through 
Electronic Verification Act, the Director of U.S. Citizenship and 
Immigration Services shall establish a demonstration program that 
assists small businesses in rural areas or areas without internet 
capabilities to verify the employment eligibility of newly hired 
employees solely through the use of publicly accessible internet 
terminals.''.

SEC. 14. EMPLOYER COMPLIANCE INSPECTION CENTER.

    (a) Establishment.--There is established, within Homeland Security 
Investigations of U.S. Immigration and Customs Enforcement, the 
Employer Compliance Inspection Center (referred to in this section as 
the ``Center'').

    (b) 

=== Purposes ===
-The purposes of the Center shall be--

    (1) to create a culture of compliance for all United States 
 businesses by imposing more effective, efficient, and 
 standardized consequences, including civil and criminal 
 penalties, on employers who fail to comply with the employment 
 eligibility verification requirements; and

    (2) to consolidate worksite enforcement audits at a 
 centralized location to ensure a standardized process and 
 uniform application of the fine matrix.
            (c) Duties.--The Center shall--

    (1) carry out duties related to the processing of the 
 Employment Eligibility Verification Form I-9, including audits, 
 and related worksite enforcement investigations;

    (2) ensure that all United States businesses adhere to 
 existing laws and regulations regarding employment eligibility; 
 and

    (3) carry out such additional duties as may be assigned or 
 delegated by the Director of U.S. Immigration and Customs 
 Enforcement.
            (d) Response Time.--The Center shall respond as quickly as 
practicable to employer inquiries based on the facts and circumstances 
of the employer making the inquiry.

    (e) Task Force.--The Center shall establish a task force, utilizing 
existing information sharing agreements with other Federal agencies, 
including the Social Security Administration, U.S. Citizenship and 
Immigration Services, the Department of Labor, and the Internal Revenue 
Service, to serve as a force multiplier to proactively investigate 
crimes, including Social Security fraud, tax fraud, and wage and hour 
violations.
 <all>