A bill to extend and improve the effectiveness of the employment eligibility confirmation program.

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Electronic Employment Verification 
Reauthorization Act of 2008''.

SEC. 2. PERMANENT EXTENSION OF EMPLOYMENT ELIGIBILITY CONFIRMATION 
              PILOT PROGRAMS.

    Section 401(b) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is 
amended by striking ``Unless the Congress otherwise provides, the 
Secretary of Homeland Security shall terminate a pilot program at the 
end of the 11-year period beginning on the first day the pilot program 
is in effect.''.

SEC. 3. REDESIGNATION OF BASIC PILOT PROGRAM.

    Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 405(b)(2) of 
the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 
(division C of Public Law 104-208) are amended by striking ``basic 
pilot program'' each place that term appears and inserting ``E-Verify 
Program''.

SEC. 4. REQUIRED PARTICIPATION BY UNITED STATES CONTRACTORS.

    Section 402(e) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is 
amended--
            (1) by redesignating paragraphs (2) and (3) as paragraphs 
        (3) and (4), respectively; and
            (2) by inserting after paragraph (1) the following:
            ``(2) United states contractors.--Any person, employer, or 
        other entity that enters into a contract with the Federal 
        Government shall participate in the E-Verify Program and shall 
        comply with the terms and conditions of such election.''.

SEC. 5. CHECKING THE IMMIGRATION STATUS OF EMPLOYEES.

    Section 403(a)(3)(A) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 
1324a note) is amended--
            (1) by striking ``The person'' and inserting the following:
                            ``(i) Upon hiring.--The person''; and
            (2) by adding at the end the following:
                            ``(ii) Existing employees.--An employer 
                        that elects to verify the employment 
                        eligibility of existing employees shall verify 
                        the employment eligibility of all such 
                        employees not later than 10 days after 
                        notifying the Secretary of Homeland Security of 
                        such election.
                            ``(iii) Required participation.--The 
                        Secretary of Homeland Security may require any 
                        employer or class of employers to participate 
                        in the E-Verify Program with respect to 
                        individuals employed as of, or hired after, the 
                        date of the enactment of the Electronic 
                        Employment Verification Reauthorization Act of 
                        2008 if the Secretary has reasonable cause to 
                        believe that the employer has engaged in 
                        material violations of section 274A of the 
                        Immigration and Nationality Act (8 U.S.C. 
                        1324a).''.

SEC. 6. REVERIFICATION.

    Section 403(a) of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is 
amended by adding at the end the following:
            ``(5) Reverification.--Each employer participating in the 
        E-Verify Program shall use the confirmation system to reverify 
        the work authorization of any individual not later than 3 days 
        after the date on which such individual's employment 
        authorization is scheduled to expire, as indicated by the 
        documents that the individual provided to the employer pursuant 
        to section 274A(b), in accordance with the procedures otherwise 
        applicable to the verification of a newly hired employee under 
        this subsection.''.

SEC. 7. SMALL BUSINESS DEMONSTRATION PROGRAM.

    Section 403 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is 
amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following:
    ``(d) Small Business Demonstration Program.--The Director of United 
States Citizenship and Immigration Services shall establish, in a rural 
setting or in an area with fewer than 10,000 residents, a demonstration 
program that assists small businesses in verifying the employment 
eligibility of their newly hired employees.''.

SEC. 8. INTERAGENCY NONCONFIRMATION REPORT.

    Section 405 of the Illegal Immigration Reform and Immigrant 
Responsibility Act of 1996 (Public Law 104-208; 8 U.S.C. 1324a note) is 
amended by adding at the end the following:
    ``(c) Interagency Nonconfirmation Report.--The Director of United 
States Citizenship and Immigration Services shall submit a monthly 
report to the Assistant Secretary of Immigration and Customs 
Enforcement that includes, for each person who receives final 
nonconfirmation through the E-Verify Program--
            ``(1) the name of such person;
            ``(2) his or her Social Security number or alien file 
        number;
            ``(3) the name and contact information for his or her 
        current employer; and
            ``(4) any other critical information that the Assistant 
        Secretary determines to be appropriate.
    ``(d) Use of Monthly Report.--The Secretary of Homeland Security 
may use information provided under subsection (c) to enforce compliance 
of the immigration laws of the United States.''.

Summary: Electronic Employment Verification Reauthorization Act of 2008 - Amends the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to make the employment eligibility confirmation pilot programs permanent. Redesignates the basic pilot program as the E-verify program (program). Requires that any person or employer that enters into a federal contract participate in the program. Requires that an employer electing to verify the employment eligibility of existing employees do so not later than 10 days after notifying the Secretary of Homeland Security of such election. Authorizes the Secretary to require an employer or class of employers to participate in the program if the Secretary has reasonable cause to believe that the employer has engaged in material employment violations under the Immigration and Nationality Act. Requires that an employer participating in the program use the confirmation system to reverify an individual's work authorization not later than three days after the date on which such individual's employment authorization is scheduled to expire. Requires that the Director of United States Citizenship and Immigration Services establish in a rural setting or in an area with fewer than 10,000 residents a demonstration program to assist small businesses verify the employment eligibility of newly hired employees.