‘‘(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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‘‘(III) not taking adverse action 
against the individual if the individual 
chooses to contest the finding. 
‘‘(ii) AFTER EMPLOYMENT OFFER.— 
The person or other entity shall verify the 
employment eligibility of an individual 
through E-Verify not later than 3 days 
after the date of the hiring, recruitment, or 
referral, as the case may be. 
‘‘(iii) 
EXISTING
EMPLOYEES.—Not 
later than 1 year after the date of the en-
actment of the Accountability Through 
Electronic Verification Act, the Secretary 
shall require all employers to use E-Verify 
to verify the identity and employment eligi-
bility of any individual who has not been 
previously verified by the employer through 
E-Verify.’’. 
SEC. 7. REVERIFICATION. 
Section 403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note), as amended by section 6, is further amended by 
adding at the end the following: 
‘‘(5) REVERIFICATION.—Each person or other 
entity participating in E-Verify shall use the E- 
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Verify confirmation system to reverify the work au-
thorization of any individual not later than 3 days 
after the date on which such individual’s employ-
ment authorization is scheduled to expire (as indi-
cated by the Secretary or the documents provided to 
the employer pursuant to section 274A(b) of the Im-
migration and Nationality Act (8 U.S.C. 1324a(b))), 
in accordance with the procedures set forth in this 
subsection and section 402.’’. 
SEC. 8. HOLDING EMPLOYERS ACCOUNTABLE. 
(a) CONSEQUENCES
OF NONCONFIRMATION.—Sec-
tion 403(a)(4)(C) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended to read as follows: 
‘‘(C) CONSEQUENCES
OF
NONCONFIRMA-
TION.— 
‘‘(i) TERMINATION
AND
NOTIFICA-
TION.—If the person or other entity re-
ceives a final nonconfirmation regarding an 
individual, 
the 
employer 
shall 
imme-
diately— 
‘‘(I) terminate the employment, 
recruitment, or referral of the indi-
vidual; and 
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‘‘(II) submit to the Secretary any 
information relating to the individual 
that the Secretary determines would 
assist the Secretary in enforcing or 
administering United States immigra-
tion laws. 
‘‘(ii) CONSEQUENCE
OF
CONTINUED 
EMPLOYMENT.—If the person or other en-
tity continues to employ, recruit, or refer 
the individual after receiving final noncon-
firmation, a rebuttable presumption is cre-
ated that the employer has violated section 
274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a).’’. 
(b) INTERAGENCY NONCONFIRMATION REPORT.— 
Section 405 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is amended by adding at the end the following: 
‘‘(c) INTERAGENCY NONCONFIRMATION REPORT.— 
‘‘(1) IN GENERAL.—The Director of U.S. Citi-
zenship and Immigration Services shall submit a 
weekly report to the Assistant Secretary of Immigra-
tion and Customs Enforcement that includes, for 
each individual who receives final nonconfirmation 
through E-Verify— 
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