II 

118TH CONGRESS 

2D SESSION S. 4529 

To permanently establish the E-Verify employment eligibility verification system, to mandate the use of E-Verify by all employers, and for other 

purposes. 

IN THE SENATE OF THE UNITED STATES 

JUNE 13, 2024 

Mr. ROMNEY (for himself, Mr. COTTON, Mr. CASSIDY, Mr. LANKFORD, Mr. 

VANCE, and Mr. MANCHIN) introduced the following bill; which was read 

twice and referred to the Committee on the Judiciary 

A BILL 

To permanently establish the E-Verify employment eligibility 

verification system, to mandate the use of E-Verify by 

all employers, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Mandatory E-Verify Act of 2024’’. 

6 (b) TABLE OF CONTENTS.—The table of contents for 

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 

Sec. 2. Establishment of permanent E-Verify. 

Sec. 3. Mandatory E-Verify for all employers. 


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Sec. 4. Penalty for failure to use E-Verify. 

Sec. 5. Enhanced penalties for unauthorized employment. 

Sec. 6. E-Verify self-check. 

Sec. 7. E-Verify process. 

Sec. 8. Good faith defense. 

Sec. 9. Preemption. 

Sec. 10. Access to information. 

Sec. 11. Fraud and misuse of documents. 

Sec. 12. Fraud prevention. 

Sec. 13. Protection of Social Security Administration programs. 

Sec. 14. Inspector General audits. 

Sec. 15. Recruitment, referral, and continuation of employment. 

Sec. 16. Definitions. 

1 SEC. 2. ESTABLISHMENT OF PERMANENT E-VERIFY. 

2 (a) ESTABLISHMENT OF PERMANENT E-VERIFY.— 

3 Section 274A(d) of the Immigration and Nationality Act 

4 (8 U.S.C. 1324a(d)) is amended to read as follows: 

5 ‘‘(d) ESTABLISHMENT OF PERMANENT E-VERIFY.— 

6 ‘‘(1) IN GENERAL.—On the date of the enact7 ment of the Mandatory E-Verify Act of 2024, the 

8 Secretary of Homeland Security shall permanently 

9 establish E-Verify, based on the E-Verify pilot pro10 gram implemented under section 401(c)(1) of the Il11 legal Immigration Reform and Immigrant Responsi12 bility Act of 1996 (8 U.S.C. 1324a note), that— 

13 ‘‘(A) responds to inquiries made by per14 sons through a website, mobile application, or 

15 other toll-free electronic media, as determined 

16 by the Secretary, concerning— 

17 ‘‘(i) an individual’s identity; and 


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1 ‘‘(ii) whether such individual is au2 thorized to be employed in the United 

3 States; and 

4 ‘‘(B) maintains records of— 

5 ‘‘(i) the inquiries that were made; 

6 ‘‘(ii) the verifications that were pro7 vided (or not provided); and 

8 ‘‘(iii) the codes provided to inquirers 

9 as evidence of their compliance with their 

10 obligations under E-Verify. 

11 ‘‘(2) RESPONSES.— 

12 ‘‘(A) INITIAL RESPONSES.—E-Verify shall 

13 provide confirmation or a tentative noncon14 firmation of an individual’s identity and em15 ployment eligibility not later than 3 business 

16 days after the initial inquiry. If providing con17 firmation or tentative nonconfirmation, E18 Verify shall provide an appropriate code indi19 cating such confirmation or such nonconfirma20 tion. 

21 ‘‘(B) SECONDARY CONFIRMATION PROCESS

22 IN CASE OF TENTATIVE NONCONFIRMATION.— 

23 ‘‘(i) IN GENERAL.—In cases of ten24 tative nonconfirmation, the Secretary shall 

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1 sioner of Social Security, an available sec2 ondary verification process to confirm the 

3 validity of information provided and to 

4 provide a final confirmation or noncon5 firmation not later than 10 business days 

6 after the date on which the notice of the 

7 tentative nonconfirmation is provided by 

8 the Secretary. 

9 ‘‘(ii) EXTENSIONS.—The Secretary, in 

10 consultation with the Commissioner— 

11 ‘‘(I) may extend the deadline 

12 under clause (i) once, on a case-by13 case basis, for a period of 10 business 

14 days; and 

15 ‘‘(II) if such deadline is extended, 

16 shall document such extension within 

17 the verification system. 

18 ‘‘(iii) NOTIFICATIONS.—The Sec19 retary, in consultation with the Commis20 sioner, shall immediately notify the em21 ployee and employer of any tentative non22 confirmation under clause (i), which shall 

23 include— 


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1 ‘‘(I) guidance to the prospective 

2 employee regarding the secondary 

3 verification process; and 

4 ‘‘(II) any extension granted 

5 under clause (ii). 

6 ‘‘(iv) PROCESS.—The Secretary, in 

7 consultation with the Commissioner, 

8 shall— 

9 ‘‘(I) create a standard process for 

10 extensions and notifications under this 

11 paragraph; and 

12 ‘‘(II) make a description of such 

13 process available to the public. 

14 ‘‘(v) CODE.—When final confirmation 

15 or nonconfirmation is provided, the 

16 verification system shall provide an appro17 priate code indicating such confirmation or 

18 nonconfirmation. 

19 ‘‘(3) DESIGN AND OPERATION OF E-VERIFY.— 

20 E-Verify shall be designed and operated— 

21 ‘‘(A) to maximize its reliability and ease of 

22 use by persons and other entities consistent 

23 with insulating and protecting the privacy and 

24 security of the underlying information; 


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1 ‘‘(B) to respond to all inquiries made by 

2 such persons and entities on whether individ3 uals are authorized to be employed and to reg4 ister all times when such inquiries are not re5 ceived; 

6 ‘‘(C) to prevent unauthorized disclosure of 

7 personal information through appropriate ad8 ministrative, technical, and physical safeguards; 

9 ‘‘(D) to include reasonable safeguards 

10 against unlawful discriminatory practices based 

11 on national origin or citizenship status, includ12 ing— 

13 ‘‘(i) the selective or unauthorized use 

14 of E-Verify to verify eligibility; or 

15 ‘‘(ii) the exclusion of certain individ16 uals from consideration for employment as 

17 a result of a perceived likelihood that addi18 tional verification will be required, beyond 

19 what is required for most job applicants; 

20 ‘‘(E) to maximize the prevention of iden21 tity theft use in the system; 

22 ‘‘(F) to limit the subjects of verification 

23 to— 


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1 ‘‘(i) individuals hired, referred, or re2 cruited, in accordance with paragraph (1) 

3 or (4) of subsection (b); 

4 ‘‘(ii) employees and prospective em5 ployees, in accordance with paragraph (1), 

6 (2), (3), or (4) of subsection (b); and 

7 ‘‘(iii) individuals seeking to confirm 

8 their own employment eligibility on a vol9 untary basis; and 

10 ‘‘(G) to confirm identity and employment 

11 authorization through verification and compari12 son of records maintained by the Department of 

13 Homeland Security, other Federal departments, 

14 States, or outlying possessions of the United 

15 States, as determined necessary by the Sec16 retary of Homeland Security, including— 

17 ‘‘(i) records maintained by the Social 

18 Security Administration; 

19 ‘‘(ii) passports, passport cards, and 

20 visa records (including photographs) main21 tained by the Department of State; 

22 ‘‘(iii) notwithstanding section 6103 of 

23 Internal Revenue Code of 1986 or any 

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1 fication Number records maintained by the 

2 Internal Revenue Service; 

3 ‘‘(iv) State driver’s license or identity 

4 card information (including photographs) 

5 maintained by the Department of Motor 

6 Vehicles of a State or outlying possession; 

7 and 

8 ‘‘(v) any other Federal records that 

9 the Secretary of Homeland Security deter10 mines to be relevant and necessary for 

11 such purpose. 

12 ‘‘(4) RESPONSIBILITIES OF COMMISSIONER OF

13 SOCIAL SECURITY.— 

14 ‘‘(A) IN GENERAL.—The Commissioner of 

15 Social Security, in consultation with the Sec16 retary of Homeland Security (and any designee 

17 of the Secretary selected to establish and ad18 minister the verification system), shall establish 

19 a reliable, secure, electronic method within E20 Verify, which, within the periods specified in 

21 subparagraphs (A) and (B) of paragraph (2), 

22 compares the name and Social Security account 

23 number provided in an inquiry against such in24 formation maintained by the Commissioner in 

25 order to validate (or not validate)— 


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1 ‘‘(i) the information provided regard2 ing each individual whose identity and em3 ployment eligibility is being confirmed; 

4 ‘‘(ii) the correspondence of the name 

5 and number; and 

6 ‘‘(iii) whether the individual has pre7 sented a Social Security account number 

8 that is not valid for employment. 

9 ‘‘(B) LIMITATION ON DISCLOSURES.—The 

10 Commissioner may not disclose or release Social 

11 Security information (other than such confirma12 tion or nonconfirmation) under E-Verify except 

13 as provided for in this section or section 

14 205(c)(2)(I) of the Social Security Act (42 

15 U.S.C. 405(c)(2)(I)). 

16 ‘‘(5) RESPONSIBILITIES OF SECRETARY OF

17 HOMELAND SECURITY.—The Secretary of Homeland 

18 Security, in consultation with any designee of the 

19 Secretary selected to establish and administer the 

20 verification system, shall establish a reliable, secure, 

21 electronic method within E-Verify, which, within the 

22 periods specified in subparagraphs (A) and (B) of 

23 paragraph (2), compares the name and alien identi24 fication or authorization number (or any other infor25 mation as determined relevant by the Secretary) 


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1 which are provided in an inquiry against such infor2 mation maintained or accessed by the Secretary— 

3 ‘‘(A) to validate (or not validate)— 

4 ‘‘(i) the information provided regard5 ing each individual whose identity and em6 ployment eligibility is being confirmed; 

7 ‘‘(ii) the correspondence of the name 

8 and number; and 

9 ‘‘(iii) whether the alien is authorized 

10 to be employed in the United States; or 

11 ‘‘(B) to the extent that the Secretary de12 termines to be feasible and appropriate, to de13 termine whether the records available to the 

14 Secretary verify the identity or status of a na15 tional of the United States. 

16 ‘‘(6) RESPONSIBILITIES OF THE SECRETARY OF

17 STATE.—The Secretary of State, in consultation 

18 with the Secretary of Homeland Security and any 

19 designee of the Secretary of Homeland Security se20 lected to establish and administer the verification 

21 system, shall establish a reliable, secure method, 

22 that compares and provides, within the time periods 

23 required under paragraphs (2) and (3), a confirma24 tion or nonconfirmation of the name and passport, 

25 passport card, or visa number provided in an inquiry 


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1 against such information maintained by the Sec2 retary of State in order to confirm (or to not con3 firm) the information provided regarding an indi4 vidual whose identity and employment eligibility 

5 must be confirmed. 

6 ‘‘(7) UPDATING INFORMATION.—The Commis7 sioner of Social Security and the Secretary of Home8 land Security shall immediately, and not later than 

9 3 business days after receiving updated information, 

10 update their information in a manner that promotes 

11 the maximum accuracy and shall provide a process 

12 for the prompt correction of erroneous information, 

13 including instances in which it is brought to their at14 tention in the secondary verification process de15 scribed in paragraph (2)(B). 

16 ‘‘(8) NO NATIONAL IDENTIFICATION CARD.— 

17 Nothing in this subsection, or in the Mandatory E18 Verify Act of 2024, may be construed to directly or 

19 indirectly authorize— 

20 ‘‘(A) the issuance or use of national identi21 fication cards; or 

22 ‘‘(B) the establishment of a national iden23 tification card. 

24 ‘‘(9) REMEDIES.— 


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1 ‘‘(A) IN GENERAL.—If an individual al2 leges that the individual would not have been 

3 dismissed from a job absent an error of the 

4 verification mechanism, the individual may 

5 seek— 

6 ‘‘(i) compensation only through the 

7 mechanism of chapter 171 of title 28, 

8 United States Code (commonly known as 

9 the ‘Federal Tort Claims Act’); and 

10 ‘‘(ii) injunctive relief to correct such 

11 error. 

12 ‘‘(B) CLASS ACTIONS.—No class action 

13 may be brought under this subsection.’’. 

14 (b) CONFORMING AMENDMENTS.—Section 401 of the 

15 Illegal Immigration Reform and Immigrant Responsibility 

16 Act of 1996 (8 U.S.C. 1324a note) is amended— 

17 (1) by amending the section heading to read as 

18 follows: ‘‘E-VERIFY’’; 

19 (2) in subsection (a), by striking ‘‘3 pilot pro20 grams of employment eligibility confirmation’’ and 

21 inserting ‘‘E-Verify’’; and 

22 (3) in subsection (b)— 

23 (A) in the subsection heading, by striking 

24 ‘‘; TERMINATION’’; and 


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1 (B) by striking ‘‘Unless the Congress oth2 erwise provides, the Secretary of Homeland Se3 curity shall terminate a pilot program on Sep4 tember 30, 2015.’’. 

5 (c) TRANSITION FROM PILOT TO PERMANENT E6 VERIFY PROGRAM.— 

7 (1) IN GENERAL.—Subtitle A of title IV of the 

8 Illegal Immigration Reform and Immigrant Respon9 sibility Act of 1996 (8 U.S.C. 1324a note) is re10 pealed. 

11 (2) REFERENCES.—Any reference in any Fed12 eral law, Executive order, rule, regulation, or delega13 tion of authority, or any document of, or pertaining 

14 to, the Department of Homeland Security, the De15 partment of Justice, or the Social Security Adminis16 tration, to the employment eligibility confirmation 

17 system established under section 404 of the Illegal 

18 Immigration Reform and Immigrant Responsibility 

19 Act of 1996 (8 U.S.C. 1324a note) is deemed to 

20 refer to E-Verify, which has been permanently estab21 lished pursuant to subsection (a). 

22 (3) CLERICAL AMENDMENT.—The table of con23 tents in section 1(d) of the Illegal Immigration Re24 form and Immigrant Responsibility Act of 1996 (diVerDate Sep 11 2014 02:14 Aug 07, 2024 Jkt 049200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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1 vision C of Public Law 104–208) is amended by 

2 striking the items relating to subtitle A of title IV. 

3 (4) EFFECTIVE DATE.—This subsection shall 

4 take effect on the date that is 90 days after the date 

5 of the enactment of this Act. 

6 (d) FUNDING.— 

7 (1) TRANSFERS.—On the first day of each fis8 cal year beginning after the date of the enactment 

9 of this Act, the Secretary of the Treasury shall 

10 transfer $100,000,000 in unobligated funds from the 

11 general fund of the Treasury to the Department of 

12 Homeland Security, which shall be used to carry out 

13 E-Verify. 

14 (2) AUTHORIZATION OF APPROPRIATIONS.—In 

15 addition to the amounts transferred pursuant to 

16 paragraph (1), there are authorized to be appro17 priated $100,000,000, in fiscal year 2024, and in 

18 each successive fiscal year, to carry out E-Verify. 

19 (e) REPORTING REQUIREMENTS.— 

20 (1) DEFINED TERM.—In this subsection, the 

21 term ‘‘appropriate congressional committees’’ 

22 means— 

23 (A) the Committee on the Judiciary of the 

24 Senate; 


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1 (B) the Committee on Homeland Security 

2 and Governmental Affairs of the Senate; 

3 (C) the Committee on the Judiciary of the 

4 House of Representatives; and 

5 (D) the Committee on Homeland Security 

6 of the House of Representatives. 

7 (2) PERMANENT E-VERIFY INITIAL REPORT.— 

8 Not later than 180 days after the date of the enact9 ment of this Act, the President shall submit a report 

10 to the appropriate congressional committees describ11 ing the implementation of the permanent E-Verify 

12 Program, including— 

13 (A) any significant changes made from the 

14 E-Verify Pilot Program in existence on the day 

15 before the date of the enactment of this Act; 

16 (B) any additional planned changes to 

17 streamline or improve the permanent E-Verify 

18 Program; and 

19 (C) a classified appendix, if necessary, to 

20 discuss sensitive topics, such as measures to 

21 prevent unauthorized disclosure of personal in22 formation. 

23 (3) PERMANENT E-VERIFY ANNUAL REPORT.— 

24 Not later than 1 year after the submission of the re25 port under paragraph (2), and annually thereafter, 


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1 the President shall submit a report to the appro2 priate congressional committees, the Committee on 

3 Appropriations of the Senate, and the Committee on 

4 Appropriations of the House of Representatives de5 scribing the status of the permanent E-Verify Pro6 gram, including— 

7 (A) statistics on use, confirmations, ten8 tative and final nonconfirmations, and response 

9 times; and 

10 (B) information regarding the costs of the 

11 program, including an accounting of any in12 creases in costs that occurred during the pre13 vious year. 

14 SEC. 3. MANDATORY E-VERIFY FOR ALL EMPLOYERS. 

15 (a) IN GENERAL.—Any person or other entity hiring, 

16 recruiting, or referring an individual for employment in 

17 the United States shall utilize E-Verify in accordance with 

18 this section. 

19 (b) IMPLEMENTATION TIMELINE.— 

20 (1) HIRING.—Except as provided in paragraphs 

21 (3) and (4), an employer shall use E-Verify when22 ever hiring an individual for employment in the 

23 United States beginning— 

24 (A) on the date that is 6 months after the 

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1 ployer has 10,000 or more employees in the 

2 United States on such date of enactment; 

3 (B) on the date that is 9 months after the 

4 date of the enactment of this Act if the em5 ployer has at least 500 employees in the United 

6 States and fewer than 10,000 employees in the 

7 United States on such date of enactment; 

8 (C) on the date that is 1 year after the 

9 date of the enactment of this Act if the em10 ployer has at least 20 employees in the United 

11 States fewer than 500 employees in the United 

12 States on such date of enactment; 

13 (D) on the date that is 18 months after 

14 the date of the enactment of this Act if the em15 ployer has at least 1 employee in the United 

16 States and fewer than 20 employees in the 

17 United States on such date of enactment; and 

18 (E) on the date that is 1 year after the 

19 date of the enactment of this Act for any new 

20 employer. 

21 (2) RECRUITING AND REFERRING.—Except as 

22 provided in paragraph (3), the requirement under 

23 subsection (a) shall apply to a person or other entity 

24 recruiting or referring an individual for employment 


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1 in the United States beginning on the date that is 

2 1 year after the date of the enactment of this Act. 

3 (3) AGRICULTURAL LABOR OR SERVICES.—Not4 withstanding paragraph (1), the requirement under 

5 subsection (a) shall not apply to the verification of 

6 employment eligibility for employees performing ag7 ricultural labor or services until on or after the date 

8 that is 18 months after the date of the enactment 

9 of this Act. 

10 (4) CRITICAL INFRASTRUCTURE.—The Sec11 retary of Homeland Security shall authorize and di12 rect any person or entity responsible for granting ac13 cess to, protecting, securing, operating, admin14 istering, or regulating part of the critical infrastruc15 ture (as defined in section 1016(e) of the Critical In16 frastructure Protection Act of 2001 (42 U.S.C. 

17 5195c(e))) to use E-Verify whenever hiring an indi18 vidual for employment in the United States on or 

19 after the date that is 6 months after the date of the 

20 enactment of this Act. 

21 (5) USE OF CONTRACT LABOR.—Any employer 

22 that uses a contract, subcontract, or exchange to ob23 tain the labor of an individual in the United States 

24 after the applicable effective date under paragraphs 

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1 contract, or exchange, that the employer, and all 

2 parties to such contract, subcontract, or exchange, 

3 use E-Verify. 

4 (6) TRANSITION RULE.—Any person or other 

5 entity hiring, recruiting, or referring an individual 

6 for employment in the United States before the ap7 plicable effective date under paragraphs (1) through 

8 (4) shall be subject to any other provision of Federal 

9 law requiring the person or entity to participate in 

10 the E-Verify Pilot Program described in section 

11 403(a) of the Illegal Immigration Reform and Immi12 grant Responsibility Act of 1996 (8 U.S.C. 1324a 

13 note), as in effect before the date of the enactment 

14 of this Act, including Executive Order 13465 (8 

15 U.S.C. 1324a note), and all references to the E16 Verify Pilot Program or a requirement to participate 

17 in an employment verification program, shall be 

18 deemed to refer to the E-Verify program established 

19 under section 401 of such Act. 

20 (c) EARLY COMPLIANCE.— 

21 (1) FORMER E-VERIFY REQUIRED USERS, IN22 CLUDING FEDERAL CONTRACTORS.—Notwith23 standing the deadlines set forth in subsection (b)(1), 

24 beginning on the date of the enactment of this Act, 

25 the Secretary of Homeland Security shall require 


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1 employers required to participate in E-Verify de2 scribed in section 403(a) of the Illegal Immigration 

3 Reform and Immigrant Responsibility Act of 1996 

4 (8 U.S.C. 1324a note), including employers required 

5 to participate in such program by reason of Federal 

6 acquisition laws (and regulations promulgated under 

7 those laws, including the Federal Acquisition Regu8 lation), to use E-Verify (and comply with any addi9 tional requirements of such Federal acquisition laws 

10 and regulation). 

11 (2) FORMER E-VERIFY VOLUNTARY USERS AND

12 OTHERS DESIRING EARLY COMPLIANCE.—Notwith13 standing the deadlines set forth in subsection (b)(1), 

14 beginning on the date of the enactment of this Act, 

15 the Secretary of Homeland Security shall provide for 

16 the voluntary use of E-Verify by employers volun17 tarily electing to participate in the E-Verify program 

18 described in section 403(a) of the Illegal Immigra19 tion Reform and Immigrant Responsibility Act of 

20 1996 (8 U.S.C. 1324a note) before such date, and 

21 by other employers seeking voluntary early compli22 ance. 

23 SEC. 4. PENALTY FOR FAILURE TO USE E-VERIFY. 

24 If a person or entity fails to utilize E-Verify in ac25 cordance with this Act and the amendments made by this 


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1 Act, including failing to comply with section 3(b)(5) or 

2 providing information to the system that the person or en3 tity knows or reasonably believes to be false, such failure 

4 shall be treated as a violation of paragraph (1)(A), (1)(B), 

5 or (2) of section 274A(a) of the Immigration and Nation6 ality Act (8 U.S.C. 1324a(a)), as applicable. 

7 SEC. 5. ENHANCED PENALTIES FOR UNAUTHORIZED EM8 PLOYMENT. 

9 (a) IN GENERAL.—Section 274A of the Immigration 

10 and Nationality Act (8 U.S.C. 1324a) is amended— 

11 (1) in subsection (e)— 

12 (A) in paragraph (1)— 

13 (i) by striking ‘‘Attorney General’’ 

14 each place such term appears and inserting 

15 ‘‘Secretary of Homeland Security’’; and 

16 (ii) in subparagraph (D), by striking 

17 ‘‘Service’’ and inserting ‘‘Department of 

18 Homeland Security’’; 

19 (B) in paragraph (4)— 

20 (i) in subparagraph (A)— 

21 (I) in the matter preceding clause 

22 (i), by inserting ‘‘, subject to para23 graph (10),’’ after ‘‘in an amount’’; 

24 (II) in subparagraph (A)(i), by 

25 striking ‘‘not less than $250 and not 


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1 more than $2,000’’ and inserting ‘‘not 

2 less than $2,500 and not more than 

3 $5,000’’; 

4 (III) in subparagraph (A)(ii), by 

5 striking ‘‘not less than $2,000 and 

6 not more than $5,000’’ and inserting 

7 ‘‘not less than $5,000 and not more 

8 than $10,000’’; and 

9 (IV) in subparagraph (A)(iii), by 

10 striking ‘‘not less than $3,000 and 

11 not more than $10,000’’ and inserting 

12 ‘‘not less than $10,000 and not more 

13 than $25,000’’; and 

14 (ii) by amending subparagraph (B) to 

15 read as follows: 

16 ‘‘(B) may require the person or entity to 

17 take appropriate remedial action.’’; 

18 (C) in paragraph (5)— 

19 (i) in the paragraph heading, by strik20 ing ‘‘PAPERWORK’’; 

21 (ii) by inserting ‘‘, subject to para22 graphs (10) through (12),’’ after ‘‘in an 

23 amount’’; and 


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1 (iii) by striking ‘‘$100 and not more 

2 than $1,000’’ and inserting ‘‘$1,000 and 

3 not more than $25,000’’; and 

4 (D) by adding at the end the following: 

5 ‘‘(10) ADJUSTMENT OF PENALTY FOR GOOD

6 FAITH VIOLATION.—The Secretary of Homeland Se7 curity or the Attorney General may waive or reduce 

8 a civil penalty under paragraph (4)(A) (with respect 

9 to a violation of paragraph (1)(A) or (2) of sub10 section (a) for hiring or continuation of employment 

11 or recruitment or referral by person or entity) or a 

12 civil penalty under paragraph (5) (with respect to a 

13 violation of subsection (a)(1)(B) for hiring or re14 cruitment or referral by a person or entity) if the vi15 olator establishes that the violator acted in good 

16 faith. 

17 ‘‘(11) MITIGATION.—The size of the business 

18 shall be taken into account when assessing the level 

19 of civil money penalty under paragraph (4). 

20 ‘‘(12) AUTHORITY TO DEBAR EMPLOYERS FOR

21 CERTAIN VIOLATIONS.— 

22 ‘‘(A) IN GENERAL.—If the Secretary of 

23 Homeland Security determines that a person or 

24 entity is a repeat violator of paragraph (1)(A) 

25 or (2) of subsection (a), or is convicted of a 


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1 crime under this section, such person or entity 

2 may be proposed for debarment from the re3 ceipt of Federal contracts, grants, or coopera4 tive agreements in accordance with the debar5 ment standards and pursuant to the debarment 

6 procedures set forth in the Federal Acquisition 

7 Regulation. 

8 ‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 

9 AGREEMENT.—If the Secretary of Homeland 

10 Security or the Attorney General determines 

11 that a person or entity should be proposed for 

12 debarment in accordance with subparagraph 

13 (A), and such an person or entity does not hold 

14 a Federal contract, grant or cooperative agree15 ment, the Secretary or the Attorney General 

16 shall refer the matter to the Administrator of 

17 General Services to determine— 

18 ‘‘(i) whether to list the person or enti19 ty on the List of Parties Excluded from 

20 Federal Procurement; and 

21 ‘‘(ii) if the person or entity is included 

22 on such list, the duration and scope of 

23 such inclusion. 

24 ‘‘(C) HAS CONTRACT, GRANT, AGREE25 MENT.—If the Secretary of Homeland Security 


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25 

•S 4529 IS

1 or the Attorney General determines that a per2 son or entity should be proposed for debarment 

3 in accordance with this subparagraph (A), and 

4 such person or entity holds a Federal contract, 

5 grant or cooperative agreement, the Secretary 

6 or the Attorney General— 

7 ‘‘(i) shall advise all agencies or de8 partments holding a contract, grant, or co9 operative agreement with the person or en10 tity of the Government’s interest in having 

11 the person or entity proposed for debar12 ment; and 

13 ‘‘(ii) after soliciting and considering 

14 the views of all such agencies and depart15 ments, may refer the matter to any appro16 priate lead agency to determine— 

17 ‘‘(I) whether to list the person or 

18 entity on the List of Parties Excluded 

19 from Federal Procurement; and 

20 ‘‘(II) if the person or entity is in21 cluded on such list, the duration and 

22 scope of such inclusion. 

23 ‘‘(D) REVIEW.—Any decision to debar a 

24 person or entity under this paragraph shall be 


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•S 4529 IS

1 reviewable pursuant to part 9.4 of the Federal 

2 Acquisition Regulation. 

3 ‘‘(13) CONTINUED EMPLOYMENT AFTER FINAL

4 NONCONFIRMATION.—If a person or other entity 

5 continues to employ (or to recruit or refer) an indi6 vidual after receiving final nonconfirmation, a rebut7 table presumption is created that the person or enti8 ty has violated subsection (a)(1)(A).’’; and 

9 (2) in subsection (f), by amending paragraph 

10 (1) to read as follows: 

11 ‘‘(1) CRIMINAL PENALTY.—Any person or enti12 ty that engages in a pattern or practice of violations 

13 of paragraph (1) or (2) of subsection (a) shall be 

14 fined not more than $30,000 for each unauthorized 

15 alien with respect to which such a violation occurs, 

16 imprisoned for not more than 18 months, or both.’’. 

17 (b) EFFECTIVE DATE.— 

18 (1) IN GENERAL.—Except as provided in para19 graph (2), the amendments made by subsection (a) 

20 shall take effect on the date of the enactment of this 

21 Act. 

22 (2) CONTINUED EMPLOYMENT AFTER FINAL

23 NONCONFIRMATION.— 

24 (A) IN GENERAL.—Paragraph (13) of sec25 tion 274A(e) of the Immigration and NationVerDate Sep 11 2014 02:14 Aug 07, 2024 Jkt 049200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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•S 4529 IS

1 ality Act, as added by subsection (a)(1)(D), 

2 shall take effect on the date that is 6 months 

3 after the date of the enactment of this Act. 

4 (B) PENALTY CALCULATIONS.—The cal5 culation of any penalties under section 

6 274A(e)(13)(B) of the Immigration and Na7 tionality Act, as added by subsection (a)(1)(D), 

8 shall not include any period of continuing em9 ployment before the effective date referred to in 

10 subparagraph (A). 

11 SEC. 6. E-VERIFY SELF-CHECK. 

12 (a) IN GENERAL.—The Secretary of Homeland Secu13 rity, in consultation with the Commissioner of Social Secu14 rity, shall establish a secure self-verification procedure to 

15 permit an individual to verify his or her employment eligi16 bility. 

17 (b) ELEMENTS.—The self-verification procedure es18 tablished under subsection (a)— 

19 (1) shall be subject to appropriate safeguards to 

20 prevent misuse of the confirmation system, including 

21 requiring employees or applicants— 

22 (A) to use any self-verification feature; or 

23 (B) to provide the employer with self24 verification results; and 


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•S 4529 IS

1 (2) shall allow individuals to contact the appro2 priate agency to correct or update the information 

3 contained in the confirmation system. 

4 SEC. 7. E-VERIFY PROCESS. 

5 Section 274A(b) of the Immigration and Nationality 

6 Act (8 U.S.C. 1324a(b)) is amended to read as follows: 

7 ‘‘(b) EMPLOYMENT ELIGIBILITY VERIFICATION

8 PROCESS.— 

9 ‘‘(1) NEW HIRES, RECRUITMENT, AND REFER10 RAL.—A person or other entity hiring, recruiting, or 

11 referring an individual for employment in the United 

12 States shall be subject to the following requirements: 

13 ‘‘(A) ATTESTATION AFTER EXAMINATION

14 OF DOCUMENTATION.— 

15 ‘‘(i) ATTESTATION.—During the 

16 verification period, the person or entity 

17 shall attest, by either a handwritten or 

18 electronic signature, under penalty of per19 jury, on a form, including electronic for20 mats, designated or established by the Sec21 retary by regulation not later than 6 

22 months after the date of the enactment of 

23 the Mandatory E-Verify Act of 2024, that 

24 the person or entity has verified that the 


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•S 4529 IS

1 individual is not an unauthorized alien 

2 by— 

3 ‘‘(I)(aa) obtaining from the indi4 vidual the individual’s Social Security 

5 account number or United States 

6 passport number and recording the 

7 number on the form; 

8 ‘‘(bb) if the individual does not 

9 attest to United States nationality 

10 under subparagraph (B), obtaining 

11 such identification or authorization 

12 number established by the Depart13 ment of Homeland Security for the 

14 alien as the Secretary of Homeland 

15 Security may specify, and recording 

16 such number on the form; 

17 ‘‘(II) examining, in a manner 

18 prescribed by the Secretary— 

19 ‘‘(aa) a document described 

20 in clause (ii) that relates to the 

21 individual presenting the docu22 ment; or 

23 ‘‘(bb) a document described 

24 in clause (iii) that relates to the 

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•S 4529 IS

1 ment and a document described 

2 in clause (iv) that relates to the 

3 individual presenting the docu4 ment; and 

5 ‘‘(III) matching the photograph 

6 on a document described in subclause 

7 (II) that relates to the individual pre8 senting the document with a photo9 graph of such individual, if such pho10 tograph is available through the E11 Verify Program. 

12 ‘‘(ii) DOCUMENTS EVIDENCING EM13 PLOYMENT AUTHORIZATION AND ESTAB14 LISHING IDENTITY.—A document de15 scribed in this clause is an individual’s— 

16 ‘‘(I) unexpired United States 

17 passport or passport card; 

18 ‘‘(II) unexpired permanent resi19 dent card that contains a photograph; 

20 ‘‘(III) unexpired employment au21 thorization card that contains a pho22 tograph; 

23 ‘‘(IV) in the case of a non24 immigrant alien authorized to work 

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•S 4529 IS

1 tus, a foreign passport with Form I– 

2 94 or Form I–94A, or other docu3 mentation as designated by the Sec4 retary specifying the alien’s non5 immigrant status as long as the pe6 riod of status has not yet expired and 

7 the proposed employment is not in 

8 conflict with any restrictions or limita9 tions identified in the documentation; 

10 ‘‘(V) passport from the Fed11 erated States of Micronesia (FSM) or 

12 the Republic of the Marshall Islands 

13 (RMI) with Form I–94 or Form I– 

14 94A, or other documentation as des15 ignated by the Secretary, indicating 

16 nonimmigrant admission under the 

17 Compact of Free Association Between 

18 the United States and the FSM or 

19 RMI; or 

20 ‘‘(VI) other document designated 

21 by the Secretary of Homeland Secu22 rity, if the document— 

23 ‘‘(aa) contains a photograph 

24 of the individual and biometric 

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•S 4529 IS

1 vidual and such other personal 

2 identifying information relating 

3 to the individual as the Secretary 

4 of Homeland Security finds, by 

5 regulation, sufficient for purposes 

6 of this clause; 

7 ‘‘(bb) is evidence of author8 ization of employment in the 

9 United States; and 

10 ‘‘(cc) contains security fea11 tures to make it resistant to tam12 pering, counterfeiting, and fraud13 ulent use. 

14 ‘‘(iii) DOCUMENTS EVIDENCING EM15 PLOYMENT AUTHORIZATION.—A document 

16 described in this clause is an individual’s 

17 Social Security account number card 

18 (other than such a card which specifies on 

19 the face that the issuance of the card does 

20 not authorize employment in the United 

21 States). 

22 ‘‘(iv) DOCUMENTS ESTABLISHING

23 IDENTITY OF INDIVIDUAL.—A document 

24 described in this clause is— 


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•S 4529 IS

1 ‘‘(I) an individual’s unexpired 

2 State issued driver’s license or identi3 fication card if the license or card 

4 contains a photograph and personally 

5 identifying information, such as name, 

6 date of birth, gender, height, eye 

7 color, and home address; 

8 ‘‘(II) an individual’s unexpired 

9 U.S. military identification card that 

10 contains a photograph; 

11 ‘‘(III) an individual’s unexpired 

12 Native American tribal identification 

13 document that contains a photograph 

14 and was issued by a tribal entity rec15 ognized by the Bureau of Indian Af16 fairs; or 

17 ‘‘(IV) in the case of an individual 

18 who is younger than 18 years of age, 

19 a parent or legal guardian’s attesta20 tion under penalty of law as to the 

21 identity and age of the individual. 

22 ‘‘(v) AUTHORITY TO PROHIBIT USE OF

23 CERTAIN DOCUMENTS.—If the Secretary of 

24 Homeland Security finds, by regulation, 

25 that any document described in clause (ii), 


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•S 4529 IS

1 (iii), or (iv) as establishing employment au2 thorization or identity does not reliably es3 tablish such authorization or identity or is 

4 being used fraudulently to an unacceptable 

5 degree, the Secretary may prohibit or place 

6 conditions on its use for purposes of this 

7 paragraph. 

8 ‘‘(B) INDIVIDUAL ATTESTATION OF EM9 PLOYMENT AUTHORIZATION.— 

10 ‘‘(i) IN GENERAL.—During the 

11 verification period, the individual shall— 

12 ‘‘(I) attest, by either a hand13 written or electronic signature, under 

14 penalty of perjury, and on the form 

15 designated or established for purposes 

16 of subparagraph (A), that the indi17 vidual is a citizen or national of the 

18 United States, an alien lawfully ad19 mitted for permanent residence, or an 

20 alien who is authorized under this Act 

21 or by the Secretary of Homeland Se22 curity to be hired, recruited, or re23 ferred for such employment; and 


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•S 4529 IS

1 ‘‘(II) provide his or her Social 

2 Security account number or valid 

3 United States passport number. 

4 ‘‘(ii) OTHER IDENTIFICATION.—If the 

5 individual does not attest to United States 

6 nationality under clause (i), the individual 

7 shall provide the identification or author8 ization number established for the alien by 

9 the Department of Homeland Security, as 

10 specified by the Secretary. 

11 ‘‘(C) E-VERIFY REDESIGN.—The Secretary 

12 is authorized to issue regulations allowing any 

13 person or other entity hiring, recruiting, or re14 ferring an individual for employment and the 

15 individual to comply with this section through 

16 an updated digital verification system that re17 quires the submission of— 

18 ‘‘(i) the information required under 

19 subparagraph (A)(i)(I); 

20 ‘‘(ii) the documentation required 

21 under subparagraph (A)(i)(II); and 

22 ‘‘(iii) the matching of any available 

23 photos with any photo contained in any 

24 document presented for identity or employ25 ment verification purposes. 


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•S 4529 IS

1 ‘‘(D) SYSTEM RESPONSES.— 

2 ‘‘(i) CONFIRMATION RECEIVED.—If a 

3 person or other entity receives an appro4 priate confirmation of an individual’s iden5 tity and work eligibility under the 

6 verification system within the specified pe7 riod, the person or entity shall record, on 

8 the form designated or established for pur9 poses of subparagraph (A), an appropriate 

10 code provided by the system that indicates 

11 a final confirmation of such identity and 

12 work eligibility of the individual. 

13 ‘‘(ii) TENTATIVE NONCONFIRMA14 TION.— 

15 ‘‘(I) IN GENERAL.—If the person 

16 or other entity receives a tentative 

17 nonconfirmation of an individual’s 

18 identity or work eligibility under the 

19 verification system within the speci20 fied period, the person or entity 

21 shall— 

22 ‘‘(aa) inform the individual 

23 for whom the verification is 

24 sought of such nonconfirmation; 


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•S 4529 IS

1 ‘‘(bb) if the individual does 

2 not contest the nonconfirmation 

3 within 10 business days after re4 ceiving such tentative noncon5 firmation, record on the form an 

6 appropriate code which has been 

7 provided under the system to in8 dicate a final nonconfirmation; 

9 and 

10 ‘‘(cc) if the individual does 

11 contest the nonconfirmation dur12 ing such period, refer the indi13 vidual secondary verification 

14 process described in subsection 

15 (d)(2)(B). 

16 ‘‘(II) DURATION.—A noncon17 firmation described in subclause (I) 

18 shall remain tentative until a final 

19 confirmation or nonconfirmation is 

20 provided by the verification system 

21 not later than 10 business days after 

22 the issuance of a tentative noncon23 firmation. 

24 ‘‘(III) NOT GROUNDS FOR TER25 MINATION.—An employer may not 


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•S 4529 IS

1 terminate the employment of an indi2 vidual because of a failure of the indi3 vidual to have his or her identity and 

4 work eligibility confirmed under this 

5 section until the nonconfirmation be6 comes final. Nothing in this subclause 

7 may be construed to apply to a termi8 nation of employment for any reason 

9 other than because of such failure. 

10 ‘‘(IV) NOT GROUNDS FOR RE11 SCISSION OF OFFER.—An employer 

12 may not rescind an offer of employ13 ment to an individual because of a 

14 failure of the individual to have his or 

15 her identity and work eligibility con16 firmed under this section until the 

17 nonconfirmation becomes final. Noth18 ing in this subclause may be con19 strued to apply to a rescission of an 

20 offer of employment for any reason 

21 other than because of such failure. 

22 ‘‘(iii) FINAL CONFIRMATION OR NON23 CONFIRMATION RECEIVED.—If a final con24 firmation or nonconfirmation is provided 

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•S 4529 IS

1 dividual, the person or entity shall record 

2 on the form an appropriate code that is 

3 provided under the system and that indi4 cates a confirmation or nonconfirmation of 

5 identity and work eligibility of the indi6 vidual. 

7 ‘‘(iv) EXTENSION.—If a person or 

8 other entity in good faith attempts to make 

9 an inquiry during the time period specified 

10 and the verification system has registered 

11 that not all inquiries were received during 

12 such time, the person or entity may make 

13 an inquiry in the first 5 subsequent busi14 ness days in which the verification system 

15 registers that it has received all inquiries. 

16 If the verification system cannot receive in17 quiries at all times during a day, the per18 son or entity merely has to assert that the 

19 entity attempted to make the inquiry on 

20 that day for the previous sentence to apply 

21 to such an inquiry, and does not have to 

22 provide any additional proof concerning 

23 such inquiry. 

24 ‘‘(v) TERMINATION UPON FINAL NON25 CONFIRMATION.—Not later than 3 busiVerDate Sep 11 2014 02:14 Aug 07, 2024 Jkt 049200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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•S 4529 IS

1 ness days after receiving a final noncon2 firmation regarding an individual, the per3 son or entity shall terminate the employ4 ment of the individual (or decline to recruit 

5 or refer the individual). 

6 ‘‘(E) DEFINED TERM.— 

7 ‘‘(i) IN GENERAL.—In this paragraph: 

8 ‘‘(I) In the case of recruitment or 

9 referral, the term ‘verification period’ 

10 means the period ending on the date 

11 recruiting or referring commences. 

12 ‘‘(II) In the case of hiring, the 

13 term ‘verification period’ means the 

14 period beginning on the date on which 

15 an offer of employment is extended 

16 and ending on the date that is 3 busi17 ness days after the date of hire, ex18 cept as provided in clause (iii). The 

19 offer of employment may be condi20 tioned in accordance with clause (ii). 

21 ‘‘(ii) JOB OFFER MAY BE CONDI22 TIONAL.—A person or other entity may 

23 offer a prospective employee an employ24 ment position that is conditioned on final 

25 verification of the identity and employment 


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•S 4529 IS

1 eligibility of the employee using the proce2 dures established under this paragraph. 

3 ‘‘(iii) CONTACT INFORMATION.—A 

4 person or other entity, upon making an 

5 offer of employment to a prospective em6 ployee under clause (ii), shall submit to E7 Verify the contact information of the pro8 spective employee, including an email ad9 dress or a telephone number, so that E10 Verify can notify the prospective employee 

11 in the case of a tentative nonconfirmation. 

12 ‘‘(iv) SPECIAL RULE.—Notwith13 standing clause (i)(II), if a United States 

14 citizen, a lawful permanent resident, or an 

15 alien who is authorized for employment 

16 provides evidence from the Social Security 

17 Administration that such individual has 

18 applied for a Social Security account num19 ber, the verification period shall end on the 

20 date that is 3 business days after the date 

21 on which the individual receives the Social 

22 Security account number. 

23 ‘‘(2) REVERIFICATION FOR INDIVIDUALS WITH

24 LIMITED WORK AUTHORIZATION.— 


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•S 4529 IS

1 ‘‘(A) IN GENERAL.—Except as provided in 

2 subparagraphs (B) and (C), a person or entity 

3 shall use E-Verify to seek reverification of the 

4 employment eligibility of all individuals with a 

5 limited period of work authorization employed 

6 by the person or entity not later than 3 busi7 ness days after the date on which the employ8 ee’s prior work authorization expires. 

9 ‘‘(B) EFFECTIVE DATE.—Employers shall 

10 be subject to the requirement under subpara11 graph (A) beginning on the date on which the 

12 employer is required to use E-Verify pursuant 

13 to section 3 of the Mandatory E-Verify Act of 

14 2024. 

15 ‘‘(C) REVERIFICATION.—Paragraph (1)(C) 

16 shall apply to reverifications under this para17 graph on the same basis as it applies to 

18 verifications under paragraph (1), except that 

19 employers shall use a form designated or estab20 lished by the Secretary by regulation for pur21 poses of this paragraph. 

22 ‘‘(3) PREVIOUSLY HIRED INDIVIDUALS.— 

23 ‘‘(A) ON A MANDATORY BASIS FOR CER24 TAIN EMPLOYEES.— 


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•S 4529 IS

1 ‘‘(i) IN GENERAL.—Not later than the 

2 date that is 6 months after the date of the 

3 enactment of the Mandatory E-Verify Act 

4 of 2024, an employer shall use E-Verify to 

5 seek verification of the identity and em6 ployment eligibility of any individual de7 scribed in clause (ii) who is employed by 

8 the employer and whose employment eligi9 bility has not been verified under the E10 Verify program described in section 403(a) 

11 of the Illegal Immigration Reform and Im12 migrant Responsibility Act of 1996 (8 

13 U.S.C. 1324a note). 

14 ‘‘(ii) INDIVIDUALS DESCRIBED.—An 

15 individual described in this clause is— 

16 ‘‘(I) an employee of any unit of a 

17 Federal, State, or local government; 

18 ‘‘(II) an employee who requires a 

19 Federal security clearance working in 

20 a Federal, State or local government 

21 building, a military base, a nuclear 

22 energy site, a weapons site, or an air23 port or other facility that requires 

24 workers— 


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•S 4529 IS

1 ‘‘(aa) to carry a Transpor2 tation Worker Identification Cre3 dential; or 

4 ‘‘(bb) to have access to a Se5 cure Identification Display Area; 

6 or 

7 ‘‘(III) an employee assigned to 

8 perform work in the United States 

9 under a Federal contract, except that 

10 this subclause— 

11 ‘‘(aa) is not applicable to in12 dividuals who normally perform 

13 support work, such as indirect or 

14 overhead functions, and do not 

15 perform any substantial duties 

16 applicable to the contract, or are 

17 working solely on contracts that 

18 provide Commercial Off The 

19 Shelf goods or services as set 

20 forth by the Federal Acquisition 

21 Regulatory Council, unless they 

22 are subject to verification under 

23 subclause (II); and 

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•S 4529 IS

1 chase threshold (as defined in 

2 section 2.101 of title 48, Code of 

3 Federal Regulations). 

4 ‘‘(B) ON A MANDATORY BASIS FOR MUL5 TIPLE USERS OF SAME SOCIAL SECURITY AC6 COUNT NUMBER.—An employer who is required 

7 to use E-Verify, or has elected voluntarily to 

8 use E-Verify, shall make inquiries to the system 

9 in accordance with the following: 

10 ‘‘(i) The Commissioner of Social Secu11 rity shall notify annually employees (at the 

12 employee address listed on the Wage and 

13 Tax Statement) who submit a Social Secu14 rity account number to which more than 1 

15 employer reports income and for which 

16 there is a pattern of unusual multiple use. 

17 The notification letter shall identify the 

18 number of employers to which income is 

19 being reported as well as sufficient infor20 mation notifying the employee of the proc21 ess to contact the Social Security Adminis22 tration Fraud Hotline if the employee be23 lieves the employee’s identity may have 

24 been stolen. The notice may not include in25 formation protected as private, in order to 


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•S 4529 IS

1 avoid any recipient of the notice from 

2 being in the position to further commit or 

3 begin committing identity theft. 

4 ‘‘(ii) If the person to whom the Social 

5 Security account number was issued by the 

6 Social Security Administration has been 

7 identified and confirmed by the Commis8 sioner, and indicates that the Social Secu9 rity account number was used without his 

10 or her knowledge, the Secretary and the 

11 Commissioner shall— 

12 ‘‘(I) lock the Social Security ac13 count number or employment eligi14 bility verification purposes; and 

15 ‘‘(II) notify the employers of the 

16 individuals who wrongfully submitted 

17 the Social Security account number 

18 that the employee may not be work el19 igible. 

20 ‘‘(iii) Each employer receiving notifi21 cation of an incorrect Social Security ac22 count number under clause (ii) shall use 

23 E-Verify to check the work eligibility sta24 tus of the applicable employee not later 


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•S 4529 IS

1 than 10 business days after receiving the 

2 notification. 

3 ‘‘(C) ON A VOLUNTARY BASIS.— 

4 ‘‘(i) IN GENERAL.—Subject to para5 graph (2) and subparagraphs (A) and (B), 

6 an employer may make an inquiry through 

7 E-Verify to seek verification of the identity 

8 and employment eligibility of any indi9 vidual employed by the employer. If an em10 ployer chooses voluntarily to seek 

11 verification of any individual employed by 

12 the employer, the employer shall— 

13 ‘‘(I) seek verification of all indi14 viduals employed by the employer; and 

15 ‘‘(II) notify E-Verify whether the 

16 individual is an existing or prospective 

17 employee. 

18 ‘‘(ii) EFFECT OF VERIFICATION DECI19 SION.—An employer’s decision not to vol20 untarily seek verification of its current 

21 workforce under this subparagraph may 

22 not be considered by any government agen23 cy in any proceeding, investigation, or re24 view provided for in this Act. 


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1 ‘‘(D) VERIFICATION.—Paragraph 

2 (1)(C)(ii) shall apply to verifications pursuant 

3 to this paragraph on the same basis as it ap4 plies to verifications pursuant to paragraph (1), 

5 except that employers shall use a form des6 ignated or established by the Secretary by regu7 lation for purposes of this paragraph. 

8 ‘‘(4) COPYING OF DOCUMENTATION PER9 MITTED.—Notwithstanding any other provision of 

10 law, the person or entity— 

11 ‘‘(A) may copy a document presented by 

12 an individual under this subsection; and 

13 ‘‘(B) may retain the copy for the purpose 

14 of complying with the requirements under this 

15 subsection. 

16 ‘‘(5) LIMITATION ON USE OF FORMS.—A form 

17 designated or established by the Secretary of Home18 land Security under this subsection and any infor19 mation contained in or appended to such form, may 

20 not be used for purposes other than for the enforce21 ment or administration of this Act and any other 

22 provision of Federal or State criminal law. 

23 ‘‘(6) GOOD FAITH COMPLIANCE.— 

24 ‘‘(A) IN GENERAL.—Except as otherwise 

25 provided in this subsection, a person or entity 


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•S 4529 IS

1 is considered to have complied with a require2 ment of this subsection notwithstanding a tech3 nical or procedural failure to meet such require4 ment if there was a good faith attempt to com5 ply with the requirement. 

6 ‘‘(B) EXCEPTION IF FAILURE TO CORRECT

7 AFTER NOTICE.—Subparagraph (A) shall not 

8 apply if— 

9 ‘‘(i) the failure is not de minimus; 

10 ‘‘(ii) the Secretary of Homeland Secu11 rity has explained to the person or entity 

12 the basis for the failure and why it is not 

13 de minimus; 

14 ‘‘(iii) the person or entity has been 

15 provided a period of not less than 30 cal16 endar days (beginning after the date of the 

17 explanation) within which to correct the 

18 failure; and 

19 ‘‘(iv) the person or entity has not cor20 rected the failure voluntarily within such 

21 period. 

22 ‘‘(C) EXCEPTION FOR PATTERN OR PRAC23 TICE VIOLATORS.—Subparagraph (A) shall not 

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1 ing in a pattern or practice of violating para2 graph (1)(A) or (2) of subsection (a).’’. 

3 SEC. 8. GOOD FAITH DEFENSE. 

4 Section 274A(a)(3) of the Immigration and Nation5 ality Act (8 U.S.C. 1324a(a)(3)) is amended to read as 

6 follows: 

7 ‘‘(3) GOOD FAITH DEFENSE.— 

8 ‘‘(A) DEFENSE.—An employer (or person 

9 or entity that hires, employs, recruits, or refers, 

10 or is otherwise obligated to comply with this 

11 section) that establishes good faith compliance 

12 with the requirements under subsection (b)— 

13 ‘‘(i) shall not be liable to a job appli14 cant, an employee, the Federal Govern15 ment, or a State or local government, 

16 under Federal, State, or local criminal or 

17 civil law for any employment-related action 

18 taken with respect to a job applicant or 

19 employee in good-faith reliance on informa20 tion provided through the system estab21 lished under subsection (d); and 

22 ‘‘(ii) has established compliance with 

23 its obligations under subparagraphs (A) 

24 and (B) of paragraph (1) and subsection 

25 (b) absent a showing by the Secretary of 


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1 Homeland Security, by clear and con2 vincing evidence, that the employer had 

3 knowledge that an employee is an unau4 thorized alien. 

5 ‘‘(B) MITIGATION ELEMENT.—For pur6 poses of subparagraph (A)(i), if an employer 

7 proves by a preponderance of the evidence that 

8 the employer uses a reasonable, secure, and es9 tablished technology to authenticate the identity 

10 of the new employee, that fact shall be taken 

11 into account for purposes of determining good 

12 faith use of the system established under sub13 section (d). 

14 ‘‘(C) FAILURE TO SEEK AND OBTAIN

15 VERIFICATION.—Subject to the effective dates 

16 and other deadlines applicable under subsection 

17 (b), in the case of a person or entity in the 

18 United States that hires, or continues to em19 ploy, an individual, or recruits or refers an indi20 vidual for employment, the following require21 ments shall apply: 

22 ‘‘(i) FAILURE TO SEEK

23 VERIFICATION.— 

24 ‘‘(I) IN GENERAL.—If the person 

25 or entity has not made an inquiry, 


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1 under the mechanism established 

2 under subsection (d) and in accord3 ance with the timeframes established 

4 under subsection (b), seeking 

5 verification of the identity and work 

6 eligibility of the individual, the de7 fense under subparagraph (A) shall 

8 not be considered to apply with re9 spect to any employment, except as 

10 provided in subclause (II). 

11 ‘‘(II) SPECIAL RULE FOR FAIL12 URE OF VERIFICATION MECHANISM.— 

13 If such a person or entity in good 

14 faith attempts to make an inquiry in 

15 order to qualify for the defense under 

16 subparagraph (A) and the verification 

17 mechanism has registered that not all 

18 inquiries were responded to during the 

19 relevant time, the person or entity can 

20 make an inquiry until the end of the 

21 first subsequent business day in which 

22 the verification mechanism registers 

23 no nonresponses and qualify for such 

24 defense. 


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1 ‘‘(ii) FAILURE TO OBTAIN

2 VERIFICATION.—If the person or entity 

3 has made the inquiry described in clause 

4 (i)(I), but has not received an appropriate 

5 verification of such identity and work eligi6 bility under such mechanism within the 

7 time period specified under subsection 

8 (d)(2) after the time the verification in9 quiry was received, the defense under sub10 paragraph (A) shall not be considered to 

11 apply with respect to any employment after 

12 the end of such time period.’’. 

13 SEC. 9. PREEMPTION. 

14 Section 274A(h)(2) of the Immigration and Nation15 ality Act (8 U.S.C. 1324a(h)(2)) is amended to read as 

16 follows: 

17 ‘‘(2) PREEMPTION.—The provisions of this sec18 tion preempt any State or local law, ordinance, pol19 icy, or rule, including any criminal or civil fine or 

20 penalty structure, to the extent they may relate to 

21 the hiring, continued employment, or verification for 

22 employment eligibility purposes, of unauthorized 

23 aliens.’’. 


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1 SEC. 10. ACCESS TO INFORMATION. 

2 (a) DEFINED TERM.—In this section, the term ‘‘E3 Verify purposes’’ means— 

4 (1) preventing identity theft, fraud, and misuse 

5 of E-Verify; and 

6 (2) administering and enforcing the provisions 

7 of this Act and section 274A of the Immigration and 

8 Nationality Act (8 U.S.C. 1324a) governing employ9 ment eligibility verification. 

10 (b) FEDERAL RECORDS.—Notwithstanding any other 

11 provision of law, including section 6103 of the Internal 

12 Revenue Code of 1986, with respect to Employer Identi13 fication Number information, the Secretary of Homeland 

14 Security shall have access to relevant Federal records de15 scribed in clauses (i) through (iii) of section 

16 274A(d)(3)(G) of the Immigration and Nationality Act (8 

17 U.S.C. 1324a(d)(3)(G)) for E-Verify purposes. 

18 (c) FEDERAL COOPERATION.—Any Federal agency 

19 or other Federal Government entity possessing records de20 scribed in subsection (a) shall provide such assistance and 

21 cooperation as the Secretary of Homeland Security may 

22 request to resolve initial verification inquiries, further ac23 tion required results, cases in continuance, and final non24 confirmation results relating to such records or to other25 wise improve the accuracy of E-Verify. 

26 (d) STATE COOPERATION.— 


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1 (1) DRIVER’S LICENSE INFORMATION.—Not2 withstanding section 2721 of title 18, United States 

3 Code, or any other law, a State department of motor 

4 vehicles may provide information described in section 

5 274A(d)(3)(G)(iv) of the Immigration and Nation6 ality Act, as added by section 2(a) of this Act, ob7 tained by the department, including an individual’s 

8 photograph, to the Secretary of Homeland Security 

9 for E-Verify purposes. 

10 (2) INFORMATION SHARING AGREEMENTS.— 

11 The Secretary of Homeland Security shall maximize 

12 enrollment of States and other non-Federal Govern13 ment entities possessing information described in 

14 section 274A(d)(3)(G)(iv) of the Immigration and 

15 Nationality Act in information sharing agreements 

16 that provide access to such information to the Sec17 retary for E-Verify purposes and fully implement 

18 such agreements. 

19 (3) CONDITIONS FOR FEDERAL GRANT FUND20 ING.— 

21 (A) ECONOMIC DEVELOPMENT ASSISTANCE

22 GRANTS.—Section 3(4) of the Public Works 

23 and Economic Development Act of 1965 (42 

24 U.S.C. 3122(4)) is amended by adding at the 

25 end the following: 


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1 ‘‘(C) GRANTS CONDITIONED ON INFORMA2 TION SHARING.—The term ‘eligible recipient’ 

3 does not include, with respect to grants author4 ized under section 201, 203, 205, or 207— 

5 ‘‘(i) a State that— 

6 ‘‘(I) does not provide access to 

7 driver’s license or identity card infor8 mation (including photographs) main9 tained by the State department of 

10 motor vehicles to the Secretary of 

11 Homeland Security for E-Verify pur12 poses (as defined in section 10(a) of 

13 the Mandatory E-Verify Act of 2024); 

14 or 

15 ‘‘(II) does not provide such as16 sistance and cooperation as the Sec17 retary may request to resolve initial 

18 verification inquiries, further action 

19 required results, cases in continuance, 

20 and final nonconfirmation results re21 lating to such records; or 

22 ‘‘(ii) a city, or other political subdivi23 sion of a State described in clause (i), in24 cluding a special purpose unit of such 

25 State or political subdivision engaged in 


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1 economic or infrastructure development ac2 tivities, or a consortium of such political 

3 subdivisions.’’. 

4 (B) COMMUNITY DEVELOPMENT BLOCK

5 GRANTS.—Section 104 of the Housing and 

6 Community Development Act of 1974 (42 

7 U.S.C. 5304) is amended by adding at the end 

8 the following: 

9 ‘‘(n) PROTECTIONS FOR AUTHORIZED WORKERS.— 

10 ‘‘(1) IN GENERAL.—Amounts appropriated to 

11 carry out this title may not be obligated or expended 

12 for any State (or any unit of general local govern13 ment that is a political subdivision of such State) 

14 that— 

15 ‘‘(A) does not provide access to driver’s li16 cense or identity card information (including 

17 photographs) maintained by the State depart18 ment of motor vehicles to the Department of 

19 Homeland Security for E-Verify purposes (as 

20 defined in section 10(a) of the Mandatory E21 Verify Act of 2024); or 

22 ‘‘(B) does not provide such assistance and 

23 cooperation as the Secretary may request to re24 solve initial verification inquiries, further action 

25 required results, cases in continuance, and final 


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1 nonconfirmation results relating to such 

2 records. 

3 ‘‘(2) RETURNED AMOUNTS.— 

4 ‘‘(A) STATE.—If a State receives funding 

5 under this title during any period in which the 

6 State is ineligible to receive such funding pursu7 ant to paragraph (1), the Secretary shall— 

8 ‘‘(i) direct the State to immediately 

9 return to the Secretary any such funding; 

10 and 

11 ‘‘(ii) reallocate amounts returned 

12 under clause (i) for grants under this title 

13 to other States that are not ineligible for 

14 such funding. 

15 ‘‘(B) UNIT OF GENERAL LOCAL GOVERN16 MENT.—If a unit of general local government 

17 receives funding under this title during any pe18 riod in which it is ineligible for such funding 

19 pursuant to paragraph (1)— 

20 ‘‘(i) the local government shall return 

21 any such amounts to the Secretary; and 

22 ‘‘(ii) the Secretary shall reallocate 

23 such amounts for grants under this title to 

24 States and other units of general local govVerDate Sep 11 2014 02:14 Aug 07, 2024 Jkt 049200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\S4529.IS S4529

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1 ernment that are not ineligible for such 

2 funding. 

3 ‘‘(C) REALLOCATION RULES.—In reallo4 cating amounts pursuant to subparagraphs (A) 

5 and (B), the Secretary— 

6 ‘‘(i) shall apply the relevant allocation 

7 formula under subsection (b), with all enti8 ties ineligible for funding pursuant to 

9 paragraph (1) excluded; and 

10 ‘‘(ii) shall not be subject to the rules 

11 for reallocation under subsection (c).’’. 

12 (C) EFFECTIVE DATE.—The amendments 

13 made by this paragraph shall take effect on the 

14 date that is 1 year after the date of the enact15 ment of this Act. 

16 SEC. 11. FRAUD AND MISUSE OF DOCUMENTS. 

17 Section 1546(b) of title 18, United States Code, is 

18 amended— 

19 (1) in paragraph (1), by striking ‘‘identification 

20 document,’’ and inserting ‘‘identification document 

21 or document meant to establish work authorization 

22 (including the documents described in section 

23 274A(b) of the Immigration and Nationality Act (8 

24 U.S.C. 1324a(b)),’’; and 


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1 (2) in paragraph (2), by striking ‘‘identification 

2 document’’ and inserting ‘‘identification document or 

3 document meant to establish work authorization (in4 cluding the documents described in section 274A(b) 

5 of the Immigration and Nationality Act (8 U.S.C. 

6 1324a(b))),’’. 

7 SEC. 12. FRAUD PREVENTION. 

8 (a) BLOCKING MISUSED SOCIAL SECURITY ACCOUNT

9 NUMBERS.—The Secretary of Homeland Security, in con10 sultation with the Commissioner of Social Security, shall 

11 establish a program in which Social Security account num12 bers that have been identified to be subject to unusual 

13 multiple use through E-Verify or that are otherwise sus14 pected or determined to have been compromised by iden15 tity fraud, the Social Security account numbers of de16 ceased individuals, or other misuse, shall be blocked from 

17 use by E-Verify unless the individual using such number 

18 is able to establish, through secure and fair additional se19 curity procedures, as determined by the Secretary of 

20 Homeland Security, that the individual is the legitimate 

21 holder of the number. 

22 (b) ALLOWING SUSPENSION OF USE OF CERTAIN SO23 CIAL SECURITY ACCOUNT NUMBERS.—The Secretary of 

24 Homeland Security, in consultation with the Commis25 sioner of Social Security, shall establish a program which 


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1 shall provide a reliable, secure method by which victims 

2 of identity fraud and other individuals may suspend or 

3 limit the use of their Social Security account numbers or 

4 other identifying information for purposes of E-Verify. 

5 The Secretary may implement the program on a limited 

6 pilot program basis before making it fully available to all 

7 individuals. 

8 (c) ALLOWING PARENTS TO PREVENT THEFT OF

9 THEIR CHILD’S IDENTITY.—The Secretary of Homeland 

10 Security, in consultation with the Commissioner of Social 

11 Security, shall establish a program which shall provide a 

12 reliable, secure method by which parents or legal guard13 ians may suspend or limit the use of the Social Security 

14 account number or other identifying information of a 

15 minor under their care for the purposes of E-Verify. The 

16 Secretary may implement the program on a limited pilot 

17 program basis before making it fully available to all indi18 viduals. 

19 SEC. 13. PROTECTION OF SOCIAL SECURITY ADMINISTRA20 TION PROGRAMS. 

21 Pursuant to an agreement with the Commissioner of 

22 Social Security, the Secretary of Homeland Security shall 

23 continue to provide funds to the Commissioner for the full 

24 costs of the responsibilities of the Commissioner under 


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1 section 274A of the Immigration and Nationality Act, as 

2 amended by this Act. 

3 SEC. 14. INSPECTOR GENERAL AUDITS. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of the enactment of this Act, the Inspector General 

6 of the Social Security Administration, in order to uncover 

7 evidence of individuals who are not authorized to work in 

8 the United States, shall complete audits of— 

9 (1) workers who dispute wages reported on 

10 their Social Security account number because they 

11 believe that their names and such numbers were 

12 fraudulently used by others to secure employment; 

13 (2) children’s Social Security account numbers 

14 that have been fraudulently used for work purposes; 

15 (3) employers whose workers present significant 

16 numbers of mismatched Social Security account 

17 numbers or names for wage reporting; 

18 (4) Social Security account numbers of de19 ceased individuals that were fraudulently used for 

20 work purposes; and 

21 (5) Social Security account numbers of retired 

22 individuals that were potentially used fraudulently 

23 for work purposes. 

24 (b) SUBMISSION.—The Inspector General of the So25 cial Security Administration shall— 


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1 (1) submit the audits completed pursuant to 

2 subsection (a) to— 

3 (A) the Committee on Finance of the Sen4 ate; 

5 (B) the Committee on the Judiciary of the 

6 Senate; 

7 (C) the Committee on Homeland Security 

8 and Governmental Affairs of the Senate; 

9 (D) the Committee on Ways and Means of 

10 the House of Representatives; 

11 (E) the Committee on the Judiciary of the 

12 House of Representatives; and 

13 (F) the Committee on Homeland Security 

14 of the House of Representatives; and 

15 (2) make the information contained in such au16 dits available to Federal law enforcement. 

17 SEC. 15. RECRUITMENT, REFERRAL, AND CONTINUATION 

18 OF EMPLOYMENT. 

19 (a) ADDITIONAL CHANGES TO RULES FOR RECRUIT20 MENT, REFERRAL, AND CONTINUATION OF EMPLOY21 MENT.—Section 274A(a) of the Immigration and Nation22 ality Act (8 U.S.C. 1324a(a)) is amended— 

23 (1) in paragraph (1)(A), by striking ‘‘for a fee’’; 

24 (2) in paragraph (1), by amending subpara25 graph (B) to read as follows: 


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1 ‘‘(B) to hire, continue to employ, or to re2 cruit or refer for employment in the United 

3 States an individual without complying with the 

4 requirements of subsection (b).’’; and 

5 (3) in paragraph (2), by striking ‘‘after hiring 

6 an alien for employment in accordance with para7 graph (1),’’ and inserting ‘‘after complying with 

8 paragraph (1),’’. 

9 (b) EFFECTIVE DATE.—The amendments made by 

10 subsection (a) shall take effect on the date that is 6 

11 months after the date of the enactment of this Act to the 

12 extent such amendments relate to continuation of employ13 ment. 

14 SEC. 16. DEFINITIONS. 

15 (a) IN GENERAL.—In this Act, the terms ‘‘agricul16 tural labor or services’’, ‘‘date of hire’’, ‘‘recruit’’, ‘‘refer’’, 

17 and ‘‘unauthorized alien’’, have the meanings given such 

18 terms in section 274A(i) of the Immigration and Nation19 ality Act, as amended by subsection (b). 

20 (b) AMENDMENTS TO THE IMMIGRATION AND NA21 TIONALITY ACT.—Section 274A of the Immigration and 

22 Nationality Act (8 U.S.C. 1324a) is amended— 

23 (1) in subsection (h), by striking paragraph (3); 

24 and 

25 (2) by adding at the end the following: 


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1 ‘‘(i) DEFINITIONS.—In this section: 

2 ‘‘(1) AGRICULTURAL LABOR OR SERVICES.— 

3 The term ‘agricultural labor or services’— 

4 ‘‘(A) has the meaning given such term by 

5 the Secretary of Agriculture, by regulation; and 

6 ‘‘(B) includes— 

7 ‘‘(i) agricultural labor (as defined in 

8 section 3121(g) of the Internal Revenue 

9 Code of 1986); 

10 ‘‘(ii) agriculture (as defined in section 

11 3(f) of the Fair Labor Standards Act of 

12 1938 (29 U.S.C. 203(f))); 

13 ‘‘(iii) all activities required for the 

14 preparation, processing, or manufacturing 

15 of a product of agriculture (as defined in 

16 such section 3(f)) for further distribution; 

17 and 

18 ‘‘(iv) the handling, planting, drying, 

19 packing, packaging, processing, freezing, 

20 or grading prior to delivery for storage of 

21 any agricultural or horticultural com22 modity in its unmanufactured state. 

23 ‘‘(2) DATE OF HIRE.—The term ‘date of hire’ 

24 means the date of commencement of employment for 

25 wages or other remuneration. 


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1 ‘‘(3) RECRUIT.— 

2 ‘‘(A) IN GENERAL.—Except as provided in 

3 subparagraph (B), the term ‘recruit’ means the 

4 act of soliciting a person who is in the United 

5 States, directly or indirectly, and referring the 

6 person to another with the intent of obtaining 

7 employment for that person. 

8 ‘‘(B) EXCEPTIONS.—The term ‘recruit’ 

9 only applies to persons or entities referring for 

10 remuneration (whether on a retainer or contin11 gency basis) except that the term applies to— 

12 ‘‘(i) union hiring halls that refer 

13 union members or nonunion individuals 

14 who pay union membership dues regardless 

15 of whether they receive remuneration; and 

16 ‘‘(ii) labor service entities or labor 

17 service agencies, whether public, private, 

18 for-profit, or nonprofit that recruit, dis19 patch, or otherwise facilitate the hiring of 

20 laborers for any period of time by a third 

21 party. 

22 ‘‘(4) REFER.— 

23 ‘‘(A) IN GENERAL.—Except as provided in 

24 subparagraph (B), the term ‘refer’ means the 

25 act of sending or directing a person who is in 


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1 the United States or transmitting documenta2 tion or information to another, directly or indi3 rectly, with the intent of obtaining employment 

4 in the United States for such person. 

5 ‘‘(B) EXCEPTIONS.—The term ‘refer’ only 

6 applies to persons or entities referring for re7 muneration (whether on a retainer or contin8 gency basis) except that the term applies to— 

9 ‘‘(i) union hiring halls that refer 

10 union members or nonunion individuals 

11 who pay union membership dues regardless 

12 of whether they receive remuneration; and 

13 ‘‘(ii) labor service entities or labor 

14 service agencies, whether public, private, 

15 for-profit, or nonprofit, that refer, dis16 patch, or otherwise facilitate the hiring of 

17 laborers for any period of time by a third 

18 party. 

19 ‘‘(5) UNAUTHORIZED ALIEN.—The term ‘unau20 thorized alien’ means, with respect to the employ21 ment of an alien at a particular time, an alien who 

22 is not— 

23 ‘‘(A) an alien lawfully admitted for perma24 nent residence; or 


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1 ‘‘(B) otherwise authorized to be employed 

2 under this Act or by the Secretary of Homeland 

3 Security.’’. 

Æ 


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