II 

110TH CONGRESS 

2D SESSION S. 3093 

To extend and improve the effectiveness of the employment eligibility 

confirmation program. 

IN THE SENATE OF THE UNITED STATES 

JUNE 5, 2008 

Mr. GRASSLEY introduced the following bill; which was read twice and referred 

to the Committee on the Judiciary 

A BILL 

To extend and improve the effectiveness of the employment 

eligibility confirmation program. 

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. 

4 This Act may be cited as the ‘‘Electronic Employ5 ment Verification Reauthorization Act of 2008’’. 

6 SEC. 2. PERMANENT EXTENSION OF EMPLOYMENT ELIGI7 BILITY CONFIRMATION PILOT PROGRAMS. 

8 Section 401(b) of the Illegal Immigration Reform and 

9 Immigrant Responsibility Act of 1996 (Public Law 104– 

10 208; 8 U.S.C. 1324a note) is amended by striking ‘‘Unless 


erowe on PROD1PC71 with BILLS
2 

•S 3093 IS

1 the Congress otherwise provides, the Secretary of Home2 land Security shall terminate a pilot program at the end 

3 of the 11-year period beginning on the first day the pilot 

4 program is in effect.’’. 

5 SEC. 3. REDESIGNATION OF BASIC PILOT PROGRAM. 

6 Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 

7 405(b)(2) of the Illegal Immigration Reform and Immi8 grant Responsibility Act of 1996 (division C of Public Law 

9 104–208) are amended by striking ‘‘basic pilot program’’ 

10 each place that term appears and inserting ‘‘E-Verify Pro11 gram’’. 

12 SEC. 4. REQUIRED PARTICIPATION BY UNITED STATES 

13 CONTRACTORS. 

14 Section 402(e) of the Illegal Immigration Reform and 

15 Immigrant Responsibility Act of 1996 (Public Law 104– 

16 208; 8 U.S.C. 1324a note) is amended— 

17 (1) by redesignating paragraphs (2) and (3) as 

18 paragraphs (3) and (4), respectively; and 

19 (2) by inserting after paragraph (1) the fol20 lowing: 

21 ‘‘(2) UNITED STATES CONTRACTORS.—Any per22 son, employer, or other entity that enters into a con23 tract with the Federal Government shall participate 

24 in the E-Verify Program and shall comply with the 

25 terms and conditions of such election.’’. 


erowe on PROD1PC71 with BILLS
3 

•S 3093 IS

1 SEC. 5. CHECKING THE IMMIGRATION STATUS OF EMPLOY2 EES. 

3 Section 403(a)(3)(A) of the Illegal Immigration Re4 form and Immigrant Responsibility Act of 1996 (Public 

5 Law 104–208; 8 U.S.C. 1324a note) is amended— 

6 (1) by striking ‘‘The person’’ and inserting the 

7 following: 

8 ‘‘(i) UPON HIRING.—The person’’; 

9 and 

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

11 ‘‘(ii) EXISTING EMPLOYEES.—An em12 ployer that elects to verify the employment 

13 eligibility of existing employees shall verify 

14 the employment eligibility of all such em15 ployees not later than 10 days after noti16 fying the Secretary of Homeland Security 

17 of such election. 

18 ‘‘(iii) REQUIRED PARTICIPATION.— 

19 The Secretary of Homeland Security may 

20 require any employer or class of employers 

21 to participate in the E-Verify Program 

22 with respect to individuals employed as of, 

23 or hired after, the date of the enactment of 

24 the Electronic Employment Verification 

25 Reauthorization Act of 2008 if the Sec26 retary has reasonable cause to believe that 


erowe on PROD1PC71 with BILLS
4 

•S 3093 IS

1 the employer has engaged in material vio2 lations of section 274A of the Immigration 

3 and Nationality Act (8 U.S.C. 1324a).’’. 

4 SEC. 6. REVERIFICATION. 

5 Section 403(a) of the Illegal Immigration Reform and 

6 Immigrant Responsibility Act of 1996 (Public Law 104– 

7 208; 8 U.S.C. 1324a note) is amended by adding at the 

8 end the following: 

9 ‘‘(5) REVERIFICATION.—Each employer partici10 pating in the E-Verify Program shall use the con11 firmation system to reverify the work authorization 

12 of any individual not later than 3 days after the date 

13 on which such individual’s employment authorization 

14 is scheduled to expire, as indicated by the documents 

15 that the individual provided to the employer pursu16 ant to section 274A(b), in accordance with the pro17 cedures otherwise applicable to the verification of a 

18 newly hired employee under this subsection.’’. 

19 SEC. 7. SMALL BUSINESS DEMONSTRATION PROGRAM. 

20 Section 403 of the Illegal Immigration Reform and 

21 Immigrant Responsibility Act of 1996 (Public Law 104– 

22 208; 8 U.S.C. 1324a note) is amended— 

23 (1) by redesignating subsection (d) as sub24 section (e); and 


erowe on PROD1PC71 with BILLS
5 

•S 3093 IS

1 (2) by inserting after subsection (c) the fol2 lowing: 

3 ‘‘(d) SMALL BUSINESS DEMONSTRATION PRO4 GRAM.—The Director of United States Citizenship and 

5 Immigration Services shall establish, in a rural setting or 

6 in an area with fewer than 10,000 residents, a demonstra7 tion program that assists small businesses in verifying the 

8 employment eligibility of their newly hired employees.’’. 

9 SEC. 8. INTERAGENCY NONCONFIRMATION REPORT. 

10 Section 405 of the Illegal Immigration Reform and 

11 Immigrant Responsibility Act of 1996 (Public Law 104– 

12 208; 8 U.S.C. 1324a note) is amended by adding at the 

13 end the following: 

14 ‘‘(c) INTERAGENCY NONCONFIRMATION REPORT.— 

15 The Director of United States Citizenship and Immigra16 tion Services shall submit a monthly report to the Assist17 ant Secretary of Immigration and Customs Enforcement 

18 that includes, for each person who receives final noncon19 firmation through the E-Verify Program— 

20 ‘‘(1) the name of such person; 

21 ‘‘(2) his or her Social Security number or alien 

22 file number; 

23 ‘‘(3) the name and contact information for his 

24 or her current employer; and 


erowe on PROD1PC71 with BILLS
6 

•S 3093 IS

1 ‘‘(4) any other critical information that the As2 sistant Secretary determines to be appropriate. 

3 ‘‘(d) USE OF MONTHLY REPORT.—The Secretary of 

4 Homeland Security may use information provided under 

5 subsection (c) to enforce compliance of the immigration 

6 laws of the United States.’’. 

Æ 


erowe on PROD1PC71 with BILLS