204 
$10,000 
for 
each 
individual 
discriminated 
against; and 
‘‘(C) in the case of a person or entity pre-
viously subject to more than one order under this 
paragraph, not less than $6,000 and not more 
than $20,000 for each individual discriminated 
against. 
‘‘(4) ELECTRONIC VERIFICATION COMPENSATION 
ACCOUNT.—Civil money penalties collected under this 
subsection shall be deposited in the Electronic 
Verification Compensation Account for the purpose of 
compensating individuals for lost wages as a result of 
a final nonconfirmation issued by the System that 
was based on government error or omission, as set 
forth in subsection (b)(4)(F)(ii)(IV). 
‘‘(h) CLARIFICATION.—All rights and remedies pro-
vided under any Federal, State, or local law relating to 
workplace rights, including but not limited to back pay, 
are available to an employee despite— 
‘‘(1) the employee’s status as an unauthorized 
alien during or after the period of employment; or 
‘‘(2) the employer’s or employee’s failure to com-
ply with the requirements of this section. 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00204
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
205 
‘‘(i) DEFINITION.—In this section, the term ‘date of 
hire’ means the date on which employment for pay or other 
remuneration commences.’’. 
(b) CONFORMING AMENDMENT.—The table of contents 
for the Immigration and Nationality Act is amended by 
inserting after the item relating to section 274D the fol-
lowing: 
‘‘Sec. 274E. Requirements for the electronic verification of employment eligi-
bility.’’. 
SEC. 302. MANDATORY ELECTRONIC VERIFICATION FOR 
THE AGRICULTURAL INDUSTRY. 
(a) IN GENERAL.—The requirements for the electronic 
verification of identity and employment authorization de-
scribed in section 274E of the Immigration and Nationality 
Act, as inserted by section 301 of this Act, shall apply to 
a person or entity hiring, recruiting, or referring for a fee 
an individual for agricultural employment in the United 
States in accordance with the effective dates set forth in 
subsection (b). 
(b) EFFECTIVE DATES.— 
(1) HIRING.—Subsection (a) shall apply to a 
person or entity hiring an individual for agricultural 
employment in the United States as follows: 
(A) With respect to employers having 500 or 
more employees in the United States on the date 
of the enactment of this Act, on the date that is 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00205
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
211 
(b) FORMER E–VERIFY MANDATORY USERS, INCLUD-
ING FEDERAL CONTRACTORS.—Beginning on the effective 
date in subsection (a)(4), the Secretary of Homeland Secu-
rity shall require employers required to participate in the 
E–Verify Program described in section 403(a) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) by reason of any Federal, State, 
or local law, Executive order, rule, regulation, or delegation 
of authority, including employers required to participate 
in such program by reason of Federal acquisition laws (and 
regulations promulgated under those laws, including the 
Federal Acquisition Regulation), to comply with the re-
quirements of section 274E of the Immigration and Nation-
ality Act, as inserted by section 301 of this Act (and any 
additional requirements of such Federal acquisition laws 
and regulation) in lieu of any requirement to participate 
in the E–Verify Program. 
(c) FORMER E–VERIFY VOLUNTARY USERS.—Begin-
ning on the effective date in subsection (a)(4), the Secretary 
of Homeland Security shall provide for the voluntary com-
pliance with the requirements of section 274E of the Immi-
gration and Nationality Act, as inserted by section 301 of 
this Act, by employers voluntarily electing to participate 
in the E–Verify Program described in section 403(a) of the 
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00211
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS
212 
Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (8 U.S.C. 1324a note) before such date. 
SEC. 304. FRAUD AND MISUSE OF DOCUMENTS. 
Section 1546(b) of title 18, United States Code, is 
amended— 
(1) in paragraph (1), by striking ‘‘identification 
document,’’ and inserting ‘‘identification document or 
document meant to establish employment authoriza-
tion,’’; 
(2) in paragraph (2), by striking ‘‘identification 
document’’ and inserting ‘‘identification document or 
document meant to establish employment authoriza-
tion,’’; and 
(3) in the matter following paragraph (3) by in-
serting ‘‘or section 274E(b)’’ after ‘‘section 274A(b)’’. 
SEC. 305. TECHNICAL AND CONFORMING AMENDMENTS. 
(a) UNLAWFUL EMPLOYMENT
OF ALIENS.—Section 
274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended— 
(1) in paragraph (1)(B)(ii) of subsection (a), by 
striking ‘‘subsection (b).’’ and inserting ‘‘section 
274B.’’; and 
(2) in the matter preceding paragraph (1) of 
subsection (b), by striking ‘‘The requirements re-
VerDate Sep 11 2014 
23:05 Dec 09, 2019
Jkt 099200
PO 00000
Frm 00212
Fmt 6652
Sfmt 6203
E:\BILLS\H5038.RH
H5038
kjohnson on DSK79L0C42 with BILLS