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Text of the Employee Verification Act

This bill was introduced on July 12, 2012, in a previous session of Congress, but was not enacted. The text of the bill below is as of Jul 12, 2012 (Introduced).

Source: GPO

I

112th CONGRESS

2d Session

H. R. 6112

IN THE HOUSE OF REPRESENTATIVES

July 12, 2012

(for himself, Mr. Franks of Arizona, Mr. McClintock, Mr. Wilson of South Carolina, Mr. Austin Scott of Georgia, Mr. Campbell, Mr. King of Iowa, Mr. Westmoreland, Mr. Jones, Mr. Long, Mr. Olson, Mr. Scott of South Carolina, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, 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 concerned

A BILL

To require Federal contractors and other recipients of Federal funds to participate in the E-Verify Program for employment eligibility verification, to permanently reauthorize the E-Verify Program, and for other purposes.

1.

Short title

This Act may be cited as the Employee Verification Act.

2.

Findings

Congress finds the following:

(1)

The Department of Homeland Security estimates that there were 11.5 million illegal immigrants in the United States in 2011, a population with a traditionally high rate of labor force participation. During this time, 13.7 million Americans were unemployed.

(2)

Pursuant to Executive Order 12989, as amended by Executive Order 13465, contractors and subcontractors that do business with the Federal Government must use the E-Verify Program to verify that their employees are authorized to work in the United States. Additionally, all Federal employees must be screened through the E-Verify Program.

(3)

The E-Verify Program is accurate, effective, and currently in use by more than 350,000 employers. Ninety-eight and three-tenths percent of employees are automatically confirmed as work-authorized either instantly or within 24 hours, requiring no employee or employer action.

(4)

The United States Court of Appeals for the Fourth Circuit decided in Chamber of Commerce v. Janet Napolitano that entities that solicit and voluntarily enter into contracts or agreements with the Federal Government can be subject to a requirement for electronic verification of employment eligibility.

3.

Requirement for Federal contractors and other recipients of Federal funds to participate in E-Verify Program

(a)

In general

Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended by adding at the end the following new subparagraphs:

(C)

Federal contractors and subcontractors

(i)

In general

Any Federal contractor described in clause (ii), and any subcontractor described in clause (iii), shall elect, prior to receipt of any payment under the contract or subcontract, to participate in the E-Verify Program described in section 403(a) and shall comply with the terms and conditions of such election.

(ii)

Federal contractors described

A Federal contractor is described in this clause if the contractor—

(I)

employs individuals; and

(II)

has been awarded (and has not completed performance of) a contract by the Federal Government for the procurement of goods or services.

(iii)

Subcontractors described

A subcontractor is described in this clause if the subcontractor—

(I)

employs individuals; and

(II)

has been awarded (and has not completed performance of) a subcontract by a Federal contractor described in clause (ii).

(iv)

Coverage of workforce

In implementing this subparagraph, the Secretary of Homeland Security shall ensure that the E-Verify Program is applied to—

(I)

all persons hired during the contract term by the contractor to perform employment duties within the United States;

(II)

all employees assigned by the contractor to perform work within the United States on the contract; and

(III)

in the case of a subcontractor, all employees of the subcontractor who are directly engaged in performing work under the contract.

(v)

Exceptions to contracts covered

For purposes of clause (ii)(II), a contract by the Federal Government for the procurement of goods or services does not include any of the following contracts:

(I)

A contract in an amount less than the simplified acquisition threshold.

(II)

A contract that is for the procurement of only commercially available off-the-shelf items (or minor modifications to such items) and related services.

(III)

A contract with a term of less than 120 days.

(IV)

A contract under which all work is performed outside the United States.

(D)

Recipients of grants, loans, and other Federal benefits

(i)

In general

Any recipient of a Federal benefit described in clause (ii) shall elect, prior to receipt of the benefit, to participate in the E-Verify Program described in section 403(a) and shall comply with the terms and conditions of such election.

(ii)

Recipient of Federal funds described

A recipient of a Federal benefit is described in this clause if the recipient—

(I)

employs individuals; and

(II)

has received (and not completed the term of) a grant, loan, loan guarantee, or cooperative agreement from the Federal Government.

(iii)

Coverage of workforce

In implementing this subparagraph, the Secretary of Homeland Security shall ensure that the E-Verify Program is applied to—

(I)

all persons hired during the term of the grant, loan, loan guarantee, or cooperative agreement by the recipient of the Federal benefit to perform employment duties within the United States; and

(II)

all employees assigned by the recipient of the Federal benefit to perform work within the United States under the project or activity funded by the grant, loan, loan guarantee, or cooperative agreement.

.

(b)

Effective date

The amendment made by subsection (a) shall apply to contracts, grants, loans, loan guarantees, or cooperative agreements entered into, awarded, renewed, or extended, as the case may be, on or after the expiration of the 60-day period beginning on the date of the enactment of this Act.

4.

Permanent reauthorization of E-Verify

(a)

In general

Section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended—

(1)

in subsection (a), by striking pilot;

(2)

in subsection (b)—

(A)

by striking the pilot programs and inserting the programs required under this subtitle; and

(B)

by striking Unless the Congress otherwise provides, the Secretary of Homeland Security shall terminate a pilot program on September 30, 2012.; and

(3)

in subsection (d)—

(A)

by redesignating paragraphs (1), (2), (3), (4), (5), (6), and (7) as paragraphs (4), (1), (5), (2), (3), (7), and (6), respectively; and

(B)

by amending paragraph (4), as redesignated, to read as follows:

(4)

Program

The term program means any of the 3 programs provided for under this subtitle.

.

(b)

Conforming amendments

Subtitle A of title IV of division C of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended—

(1)

in section 402, by striking pilot each place such term appears; and

(2)

in section 403(a)(2)—

(A)

in subparagraph (A), by amending clause (i) to read as follows:

(i)

A document referred to in section 274A(b)(1)(B)(ii) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)(1)(B)(ii)) shall be designated by the Secretary of Homeland Security as suitable for the purpose of identification in a program provided for under this subtitle.

; and

(B)

in subparagraph (B), by striking pilot.