Electronic Employment Eligibility Verification and Illegal Immigration Control Act
Latest action · Mar 30, 2009 Referred to the Subcommittee on Workforce Protections.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedFeb 13, 2009
- Passed HouseNot reached
- Passed SenateNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
Electronic Employment Eligibility Verification and Illegal Immigration Control Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security to establish a toll-free telephone- or electronic media-based employment eligibility verification system.
Requires that such system: (1) provide verification or tentative non-verification of an individual's identity and employment eligibility within three days of an inquiry; and (2) provide, in the case of tentative non-verification, a secondary process for final verification or non-verification within 10 days.
Directs: (1) the Commissioner of Social Security to develop a process for comparing names and social security numbers against appropriate databases in response to employer inquiries; and (2) the Secretary to develop a process for comparing names and alien identification or authorization numbers and investigate uses of the same social security number that suggest fraud.
Limits verification system-related individual relief to procedures under the Federal Tort Claims Act. Prohibits class actions. Immunizes from civil or criminal liability a person or entity who takes action in good faith reliance on verification system information.
Sets forth employer verification requirements with respect to an affirmative defense to liability for employment of unauthorized workers, including revision of attestation and retention of verification form provisions.
Places limits on the collection and use of data from the verification system.
Expands the employment eligibility verification system to include: (1) previously hired individuals; and (2) recruitment and referral.
Provides for: (1) voluntary employer verification utilizing such system two years after enactment of this Act for previously hired individuals; (2) mandatory employer verification three years after enactment of this Act by federal, state, and local governments, and the military for employees not verified under such system working at federal, state or local government buildings, military bases, nuclear energy sites, weapons sites, airports, or critical infrastructure sites; and (3) mandatory employer verification six years after enactment of this Act for all employees not previously verified under such system.
Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make employer participation in the basic pilot program mandatory two years after enactment of this Act.
Applies employment eligibility verification requirements to labor service agencies.
Revises civil and criminal penalty provisions.
Establishes in the Treasury the Employment Verification Compensation Fund.
Directs the Secretary to establish a publicly available contractor database.
Authorizes the Commissioner to carry out verification responsibilities under this Act, but only to the extent advance funds are provided by the Secretary to cover costs. Prohibits funds from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund from being used to carry out such responsibilities.
Sets forth specified reporting requirements by the Secretary and the Commissioner.
Cosponsors 4
Members who signed on, in the order they did. All signed on Feb 13, 2009.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| D-MS | Gene Taylor | Original | Feb 13, 2009 |
| D-GA | John Barrow | Original | Feb 13, 2009 |
| D-OR | Peter A. DeFazio | Original | Feb 13, 2009 |
| R-MD | Roscoe G. Bartlett | Original | Feb 13, 2009 |
Committees 4
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| House | Judiciary Committee | Referred Feb 13, 2009 |
| Immigration Integrity, Security, and Enforcement Subcommittee | Referred Mar 16, 2009 | |
| House | Ways and Means Committee | Referred Feb 13, 2009 |
| House | Education and Workforce Committee | Referred Feb 13, 2009 |
| Workforce Protections Subcommittee | Referred Mar 30, 2009 | |
| House | Homeland Security Committee | Exchange of letters Sep 22, 2010 |
Actions 7
Everything that happened, newest first.
- Mar 30, 2009Referred to the Subcommittee on Workforce Protections.
- Mar 16, 2009Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
- Feb 13, 2009Introduced in House
- Feb 13, 2009Referred to House Judiciary
- Feb 13, 2009Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Education and Labor, 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.
- Feb 13, 2009Referred to House Ways and Means
- Feb 13, 2009Referred to House Education and Labor
Titles 2
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- To create an electronic employment eligibility verification system to ensure that all workers in the United States are legally able to work, and for other purposes.
- Short Titles as Introduced
- Electronic Employment Eligibility Verification and Illegal Immigration Control Act
Subjects
Assigned by the Library of Congress. Policy area: Immigration.
- Administrative remedies
- Border security and unlawful immigration
- Business records
- Civil actions and liability
- Criminal investigation, prosecution, interrogation
- Criminal procedure and sentencing
- Foreign labor
- Fraud offenses and financial crimes
- Government employee pay, benefits, personnel management
- Government information and archives
- Government liability
- Government studies and investigations
- Government trust funds
- Immigration
- Judicial review and appeals
- Public contracts and procurement
Text 1
Each version as it was printed, newest first.
- Feb 13, 2009Introduced in House
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.