I 
117TH CONGRESS 
1ST SESSION H. R. 2298 
To expand the use of E-Verify, to hold employers accountable, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 1, 2021 
Mr. BROOKS
(for himself, Mr. GAETZ, Mr. GOODEN
of Texas, Mr. 
DESJARLAIS, Mr. PERRY, Mr. GOSAR, Mr. DUNCAN, Mr. NORMAN, Mr. 
POSEY, Mr. BABIN, Mr. ROSENDALE, Mr. HICE of Georgia, and Mr. 
GOOD of Virginia) introduced the following bill; which was referred to the 
Committee on the Judiciary, and in addition to the Committees on Edu-
cation and Labor, and Ways and Means, for a period to be subsequently 
determined by the Speaker, in each case for consideration of such provi-
sions as fall within the jurisdiction of the committee concerned 
A BILL 
To expand the use of E-Verify, to hold employers 
accountable, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Accountability Through Electronic Verification Act’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Permanent reauthorization. 
Sec. 3. Mandatory use of E-Verify. 
Sec. 4. Consequences of failure to participate. 
Sec. 5. Preemption; liability. 
Sec. 6. Expanded use of E-Verify. 
Sec. 7. Reverification. 
Sec. 8. Holding employers accountable. 
Sec. 9. Information sharing. 
Sec. 10. Form I–9 Process. 
Sec. 11. Algorithm. 
Sec. 12. Identity theft. 
Sec. 13. Small Business Demonstration Program. 
Sec. 14. Employer Compliance Inspection Center. 
SEC. 2. PERMANENT REAUTHORIZATION. 
Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1324a note) is amended by 
striking ‘‘Unless the Congress otherwise provides, the Sec-
retary of Homeland Security shall terminate a pilot pro-
gram on September 30, 2015.’’. 
SEC. 3. MANDATORY USE OF E-VERIFY. 
(a) FEDERAL GOVERNMENT.—Section 402(e)(1) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1324a note) is amended— 
(1) by amending subparagraph (A) to read as 
follows: 
‘‘(A) 
EXECUTIVE
DEPARTMENTS
AND 
AGENCIES.—Each department and agency of 
the Federal Government shall participate in E- 
Verify by complying with the terms and condi-
tions set forth in this section.’’; and 
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(2) in subparagraph (B), by striking ‘‘, that 
conducts hiring in a State’’ and all that follows and 
inserting ‘‘shall participate in E-Verify by complying 
with the terms and conditions set forth in this sec-
tion.’’. 
(b) FEDERAL CONTRACTORS; CRITICAL EMPLOY-
ERS.—Section 402(e) of such Act, as amended by sub-
section (a), is further amended— 
(1) by redesignating paragraphs (2) and (3) as 
paragraphs (4) and (5), respectively; and 
(2) by inserting after paragraph (1) the fol-
lowing: 
‘‘(2) UNITED STATES CONTRACTORS.—Any per-
son, employer, or other entity that enters into a con-
tract with the Federal Government shall participate 
in E-Verify by complying with the terms and condi-
tions set forth in this section. 
‘‘(3) DESIGNATION OF CRITICAL EMPLOYERS.— 
Not later than 7 days after the date of the enact-
ment of this paragraph, the Secretary of Homeland 
Security shall— 
‘‘(A) conduct an assessment of employers 
that are critical to the homeland security or na-
tional security needs of the United States; 
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‘‘(B) designate and publish a list of em-
ployers and classes of employers that are 
deemed to be critical pursuant to the assess-
ment conducted under subparagraph (A); and 
‘‘(C) require that critical employers des-
ignated pursuant to subparagraph (B) partici-
pate in E-Verify by complying with the terms 
and conditions set forth in this section not later 
than 30 days after the Secretary makes such 
designation.’’. 
(c) ALL EMPLOYERS.—Section 402 of such Act, as 
amended by this section, is further amended— 
(1) by redesignating subsection (f) as sub-
section (g); and 
(2) by inserting after subsection (e) the fol-
lowing: 
‘‘(f) MANDATORY PARTICIPATION IN E-VERIFY.— 
‘‘(1) IN GENERAL.—Subject to paragraphs (2) 
and (3), all employers in the United States shall 
participate in E-Verify, with respect to all employees 
recruited, referred, or hired by such employer on or 
after the date that is 1 year after the date of the 
enactment of this subsection. 
‘‘(2) USE OF CONTRACT LABOR.—Any employer 
who uses a contract, subcontract, or exchange to ob-
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tain the labor of an individual in the United States 
shall certify in such contract, subcontract, or ex-
change that the employer, and all parties to such 
contract, subcontract, or exchange, use E-Verify. If 
such certification is not included in a contract, sub-
contract, or exchange, the employer shall be deemed 
to have violated paragraph (1). 
‘‘(3) INTERIM MANDATORY PARTICIPATION.— 
‘‘(A) IN GENERAL.—Before the date set 
forth in paragraph (1), the Secretary of Home-
land Security shall require any employer or 
class of employers to participate in E-Verify, 
with respect to all employees recruited, referred, 
or hired by such employer if the Secretary has 
reasonable cause to believe that the employer is 
or has been engaged in a material violation of 
section 274A of the Immigration and Nation-
ality Act (8 U.S.C. 1324a). 
‘‘(B) NOTIFICATION.—Not later than 14 
days before an employer or class of employers 
is required to begin participating in E-Verify 
pursuant to subparagraph (A), the Secretary 
shall provide such employer or class of employ-
ers with— 
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‘‘(i) written notification of such re-
quirement; and 
‘‘(ii) appropriate training materials to 
facilitate compliance with such require-
ment.’’. 
SEC. 4. CONSEQUENCES OF FAILURE TO PARTICIPATE. 
(a) IN GENERAL.—Section 402(e)(5) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note), as redesignated by section 
3(b)(1), is amended to read as follows: 
‘‘(5) CONSEQUENCES OF FAILURE TO PARTICI-
PATE.—If a person or other entity that is required 
to participate in E-Verify fails to comply with the 
requirements under this title with respect to an indi-
vidual— 
‘‘(A) such failure shall be treated as a vio-
lation of section 274A(a)(1)(B) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a) with 
respect to such individual; and 
‘‘(B) a rebuttable presumption is created 
that the person or entity has violated section 
274A(a)(1)(A) of such Act.’’. 
(b) PENALTIES.—Section 274A of the Immigration 
and Nationality Act (8 U.S.C. 1324a) is amended— 
(1) in subsection (e)— 
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(A) in paragraph (4)— 
(i) in subparagraph (A)— 
(I) in the matter preceding clause 
(i), by inserting ‘‘, subject to para-
graph (10),’’ after ‘‘in an amount’’; 
(II) in clause (i), by striking ‘‘not 
less than $250 and not more than 
$2,000’’ and inserting ‘‘not less than 
$2,500 and not more than $5,000’’; 
(III) in clause (ii), by striking 
‘‘not less than $2,000 and not more 
than $5,000’’ and inserting ‘‘not less 
than $5,000 and not more than 
$10,000’’; and 
(IV) in clause (iii), by striking 
‘‘not less than $3,000 and not more 
than $10,000’’ and inserting ‘‘not less 
than $10,000 and not more than 
$25,000’’; and 
(ii) by amending subparagraph (B) to 
read as follows: 
‘‘(B) may require the person or entity to 
take such other remedial action as is appro-
priate.’’; 
(B) in paragraph (5)— 
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(i) by inserting ‘‘, subject to para-
graphs (10) through (12),’’ after ‘‘in an 
amount’’; 
(ii) by striking ‘‘$100 and not more 
than $1,000’’ and inserting ‘‘$1,000 and 
not more than $25,000’’; 
(iii) by striking ‘‘the size of the busi-
ness of the employer being charged, the 
good faith of the employer’’ and inserting 
‘‘the good faith of the employer being 
charged’’; and 
(iv) by adding at the end the fol-
lowing: ‘‘Failure by a person or entity to 
utilize 
the 
employment 
eligibility 
verification system as required by law, or 
providing information to the system that 
the person or entity knows or reasonably 
believes to be false, shall be treated as a 
violation of subsection (a)(1)(A).’’; and 
(C) by adding at the end the following: 
‘‘(10) EXEMPTION
FROM
PENALTY.—In the 
case of the imposition of a civil penalty under para-
graph (4)(A) with respect to a violation of para-
graph (1)(A) or (2) of subsection (a) for hiring, con-
tinuation of employment, recruitment, or referral by 
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a person or entity and, in the case of the imposition 
of a civil penalty under paragraph (5) for a violation 
of subsection (a)(1)(B) for hiring, recruitment, or 
referral by a person or entity, the penalty otherwise 
imposed may be waived or reduced if the violator es-
tablishes that the violator acted in good faith. 
‘‘(11) AUTHORITY TO DEBAR EMPLOYERS FOR 
CERTAIN VIOLATIONS.— 
‘‘(A) IN GENERAL.—If a person or entity 
is determined by the Secretary of Homeland Se-
curity to be a repeat violator of paragraph 
(1)(A) or (2) of subsection (a), or is convicted 
of a crime under this section, the Secretary of 
Homeland Security shall debar such person or 
entity from the receipt of Federal contracts, 
grants, or cooperative agreements in accordance 
with the debarment standards and pursuant to 
the debarment procedures set forth in the Fed-
eral Acquisition Regulation. 
‘‘(B) DOES NOT HAVE CONTRACT, GRANT, 
AGREEMENT.—If the Secretary of Homeland 
Security debars a person or entity in accord-
ance with this paragraph, and such person or 
entity does not hold a Federal contract, grant 
or cooperative agreement, the Administrator of 
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General Services shall include the person or en-
tity on the List of Parties Excluded from Fed-
eral Procurement for 5 years. 
‘‘(C) HAS
CONTRACT, 
GRANT, 
AGREE-
MENT.—If the Secretary of Homeland Security 
debars a person or entity in accordance with 
this paragraph, and such person or entity holds 
a Federal contract, grant or cooperative agree-
ment, the Secretary— 
‘‘(i) shall notify all agencies or depart-
ments holding a contract, grant, or cooper-
ative agreement with the debarred person 
or entity of such debarment; and 
‘‘(ii) after soliciting and considering 
the views of all such agencies and depart-
ments, may waive the operation of this 
paragraph. 
‘‘(D) REVIEW.—Any decision to debar a 
person or entity under in accordance with this 
paragraph shall be reviewable pursuant to part 
9.4 of the Federal Acquisition Regulation.’’; 
and 
(2) in subsection (f)— 
(A) by amending paragraph (1) to read as 
follows: 
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‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions of subsection (a)(1) or (2) shall be fined not 
more than $30,000 for each unauthorized alien with 
respect to which such a violation occurs, imprisoned 
for not less than 1 year and not more than 10 years, 
or both, notwithstanding the provisions of any other 
Federal law relating to fine levels.’’; and 
(B) in paragraph (2), by striking ‘‘Attor-
ney General’’ each place it appears and insert-
ing ‘‘Secretary of Homeland Security’’. 
SEC. 5. PREEMPTION; LIABILITY. 
Section 402 of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note), as amended by this Act, is further amended by add-
ing at the end the following: 
‘‘(h) LIMITATION ON STATE AUTHORITY.— 
‘‘(1) PREEMPTION.—A State or local govern-
ment may not prohibit a person or other entity from 
verifying the employment authorization of new hires 
or current employees through E-Verify. 
‘‘(2) LIABILITY.—A person or other entity that 
participates in E-Verify may not be held liable under 
any Federal, State, or local law for any employment- 
related action taken with respect to the wrongful 
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termination of an individual in good faith reliance on 
information provided through E-Verify.’’. 
SEC. 6. EXPANDED USE OF E-VERIFY. 
Section 403(a)(3)(A) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) is amended to read as follows: 
‘‘(A) IN GENERAL.— 
‘‘(i) BEFORE HIRING.—The person or 
other entity may verify the employment eli-
gibility of an individual through E-Verify 
before the individual is hired, recruited, or 
referred if the individual consents to such 
verification. If an employer receives a ten-
tative nonconfirmation for an individual, 
the employer shall comply with procedures 
prescribed by the Secretary of Homeland 
Security, including— 
‘‘(I) providing the individual em-
ployees with private, written notifica-
tion of the finding and written refer-
ral instructions; 
‘‘(II) allowing the individual to 
contest the finding; and 
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‘‘(8) to confirm identity and work authorization 
through verification of records maintained by the 
Secretary, other Federal departments, States, the 
Commonwealth of the Northern Mariana Islands, or 
an outlying possession of the United States, as de-
termined necessary by the Secretary, including— 
‘‘(A) records maintained by the Social Se-
curity Administration; 
‘‘(B) birth and death records maintained 
by vital statistics agencies of any State or other 
jurisdiction in the United States; 
‘‘(C) passport and visa records (including 
photographs) maintained by the Department of 
State; and 
‘‘(D) State driver’s license or identity card 
information (including photographs) maintained 
by State department of motor vehicles; 
‘‘(9) to electronically confirm the issuance of 
the employment authorization or identity document; 
and 
‘‘(10) to display the digital photograph that the 
issuer placed on the document so that the employer 
can compare the photograph displayed to the photo-
graph on the document presented by the employee 
or, in exceptional cases, if a photograph is not avail-
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