Employee Verification Act - Amends the the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to require federal contractors and subcontractors to participate in the E-Verify Program.
Exempts specified federal procurement contracts from E-Verify coverage.
Directs the Secretary of Homeland Security (DHS) to ensure that E-Verify is applied to: (1) 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 (2) 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.
Makes E-Verify permanent.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6112 Introduced in House (IH)]
112th CONGRESS
2d Session
H. R. 6112
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 12, 2012
Mr. Woodall (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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Employee Verification Act''.
SEC. 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.
SEC. 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.
SEC. 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''.
<all>
Introduced in House
Introduced in House
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.
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.
Referred to the Subcommittee on Immigration Policy and Enforcement.
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