S 179 · 115th Congress 2017–2019, ended

Accountability Through Electronic Verification Act

Latest action · Jan 20, 2017 Read twice and referred to the Committee on the Judiciary.

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 20, 2017
  2. Passed SenateNot reached
  3. Passed HouseNot reached
  4. To the PresidentNot reached
  5. Became lawNot reached

Summary

Accountability Through Electronic Verification Act

This bill amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the E-Verify program permanent.

The bill requires: (1) federal 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.

The Department of Homeland Security (DHS) shall require the E-Verify participation of an employer or class of employers if DHS 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).

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

The bill: (1) increases civil and criminal penalties for specified hiring-related violations, and (2) establishes a good faith civil penalty exemption/reduction for certain hiring-related violations.

Employers who are convicted of specified hiring related crimes or who have repeatedly committed specified hiring-related violations may be disbarred from federal contract, grant, or cooperative agreement participation.

State and local governments may not prohibit employers from using E-Verify to determine the employment eligibility of new hires or current employees.

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

Employers are required 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 their employment authorization is due to expire, and (3) terminate an employee following receipt of a final E-Verify nonconfirmation and submit information DHS determines would assist it in enforcing or administering U.S. immigration laws.

U.S. Citizenship and Immigration Services (USCIS) must report weekly to Immigration and Customs Enforcement regarding each person receiving a final E-Verify nonconfirmation.

The Social Security Administration, DHS, and the Department of the Treasury shall establish an information sharing program.

The bill: (1) provides for elimination of the Form I-9 process, and (2) sets forth E-Verify design and operation requirements.

The federal criminal code is amended 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.

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

Cosponsors 14

Members who signed on, in the order they did. Signatures ran from Jan 20, 2017 to Apr 9, 2018; 8 are original cosponsors, there from the day it was introduced.

SeatCosponsorSigned on
R-TNBob CorkerOriginalJan 20, 2017
R-ARJohn BoozmanOriginalJan 20, 2017
R-SDJohn ThuneOriginalJan 20, 2017
R-WYMichael B. EnziOriginalJan 20, 2017
R-UTMike LeeOriginalJan 20, 2017
R-ALRichard C. ShelbyOriginalJan 20, 2017
R-MSRoger F. WickerOriginalJan 20, 2017
R-ARTom CottonOriginalJan 20, 2017
R-WVShelley Moore CapitoJan 24, 2017
R-MSThad CochranJan 30, 2017
R-IAJoni ErnstApr 4, 2017
R-GADavid PerdueOct 31, 2017
R-OKJames LankfordOct 31, 2017
R-OKJames M. InhofeApr 9, 2018

Committees 1

Where it was sent and what each committee and subcommittee did with it, in order.

ChamberCommitteeWhat it did
SenateJudiciary Committee
Referred Jan 20, 2017

Actions 2

Everything that happened, newest first.

  1. Jan 20, 2017Introduced in Senate
  2. Jan 20, 2017Read twice and referred to the Committee on the Judiciary.

Related bills 3

Companion bills and other measures the record links to this one.

Titles 2

Every title it has carried, official and short, at each stage.

Official Title as Introduced
A bill to expand the use of E-Verify, to hold employers accountable, and for other purposes.
Short Titles as Introduced
Accountability Through Electronic Verification Act

Subjects

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

Text 1

Each version as it was printed, newest first.

  1. Jan 20, 2017Introduced 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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.