S 202 · 113th Congress 2013–2015, ended

Accountability Through Electronic Verification Act

Fact sheet

Latest action · Jan 31, 2013 Read twice and referred to the Committee on the Judiciary. (text of measure as introduced in Senate: CR S6078)

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.

  1. IntroducedJan 31, 2013
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Accountability Through Electronic Verification Act - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the E-Verify program permanent.

Requires: (1) federal departments, agencies, contractors, and critical employers to participate in E-Verify; (2) all U.S. employers to participate in E-Verify within one year of enactment of this Act; and (3) employers using a contract, subcontract, or exchange to obtain labor to certify that they utilize E-Verify.

Directs the Secretary of Homeland Security (DHS) to require the E-Verify participation of an employer or class of employers if the Secretary has reasonable cause to believe that the employer is or has been in material violation of the employment eligibility verification process under the Immigration and Nationality Act (INA).

Treats an employer’s failure to use E-Verify as a violation of the INA requirement to verify employment eligibility and creates a reputable presumption that the employer knowingly hired, recruited, or referred an illegal alien.

Increases civil and criminal penalties for specified hiring-related violations.

Establishes a good faith civil penalty exemption/reduction for certain hiring-related violations.

Authorizes the debarment from federal contract, grant, or cooperative agreement participation for employers who are convicted of specified hiring related crimes or who have repeatedly committed specified hiring-related violations.

Prohibits state and local governments from prohibiting employers from using E-Verify to determine the employment eligibility of new hires or current employees.

Authorizes the verification of individuals before they are hired, recruited, or referred if the individual so consents.

Requires employers to: (1) use E-Verify to verify the identity and employment eligibility of any individual who has not been previously verified through E-Verify not later than three years after enactment of this Act, (2) reverify the work authorization of individuals not later than three days after the date on which their employment authorization is due to expire, and (3) terminate an employee following receipt of a final E-Verify nonconfirmation and submit to DHS information the Secretary determines would assist in enforcing or administering U.S. immigration laws.

Requires: (1) U.S. Citizenship and Immigration Services (USCIS) to report weekly to Immigration and Customs Enforcement (ICE) regarding each person receiving a final E-Verify nonconfirmation; and (2) the Social Security Administration (SSA), DHS, and the Department of the Treasury (DOT) to establish an information sharing program.

Provides for elimination of the Form I-9 process.

Sets forth E-Verify design and operation requirements.

Amends the federal criminal code to: (1) provide that illegal aliens possessing or otherwise using false identification information not their own can be punished for identity fraud, and (2) subject a person who uses false identity information in furtherance of harboring or hiring illegal aliens to a fine and/or penalty of up to 20 years in prison.

Requires USCIS to establish a demonstration program to assist small businesses in rural areas or areas without Internet capabilities to verify employment eligibility through the use of publicly accessible Internet terminals.

Cosponsors 10

Members who signed on, in the order they did. All signed on Jan 31, 2013.

SeatCosponsorSigned on
R-TNBob CorkerOriginalJan 31, 2013
R-LADavid VitterOriginalJan 31, 2013
R-NEDeb FischerOriginalJan 31, 2013
R-ALJeff SessionsOriginalJan 31, 2013
R-ARJohn BoozmanOriginalJan 31, 2013
R-WYMichael B. EnziOriginalJan 31, 2013
R-NEMike JohannsOriginalJan 31, 2013
R-UTMike LeeOriginalJan 31, 2013
R-UTOrrin G. HatchOriginalJan 31, 2013
R-MSRoger F. WickerOriginalJan 31, 2013

Actions 3

Everything that happened, newest first.

  1. Jan 31, 2013Introduced in Senate
  2. Jan 31, 2013Read twice and referred to the Committee on the Judiciary. (text of measure as introduced in Senate: CR S6078)
  3. Jan 31, 2013Sponsor introductory remarks on measure. (CR S443)

Subjects

Assigned by the Library of Congress. Policy area: Immigration.

Text 1

Each version as it was printed, newest first.

  1. Jan 31, 2013Introduced in Senate

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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.