I 
112TH CONGRESS 
2D SESSION 
H. R. 6112 
To require Federal contractors and other recipients of Federal funds to 
participate in the E-Verify Program for employment eligibility 
verification, to permanently reauthorize the E-Verify Program, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 12, 2012 
Mr. WOODALL (for himself, Mr. FRANKS of Arizona, Mr. MCCLINTOCK, Mr. 
WILSON of South Carolina, Mr. AUSTIN SCOTT of Georgia, Mr. CAMP-
BELL, Mr. KING of Iowa, Mr. WESTMORELAND, Mr. JONES, Mr. LONG, 
Mr. OLSON, Mr. SCOTT of South Carolina, and Mr. FITZPATRICK) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on Education and the Work-
force, for a period to be subsequently determined by the Speaker, in each 
case for consideration of such provisions as fall within the jurisdiction of 
the committee concerned 
A BILL 
To require Federal contractors and other recipients of Fed-
eral funds to participate in the E-Verify Program for 
employment eligibility verification, to permanently reau-
thorize the E-Verify Program, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
VerDate Mar 15 2010 
03:23 Jul 13, 2012
Jkt 019200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6201
E:\BILLS\H6112.IH
H6112
rfrederick on DSK6VPTVN1PROD with BILLS
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Employee Verification 
Act’’. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) The Department of Homeland Security esti-
mates that there were 11.5 million illegal immi-
grants in the United States in 2011, a population 
with a traditionally high rate of labor force partici-
pation. During this time, 13.7 million Americans 
were unemployed. 
(2) Pursuant to Executive Order 12989, as 
amended by Executive Order 13465, contractors and 
subcontractors that do business with the Federal 
Government must use the E-Verify Program to 
verify that their employees are authorized to work in 
the United States. Additionally, all Federal employ-
ees must be screened through the E-Verify Program. 
(3) The E-Verify Program is accurate, effective, 
and currently in use by more than 350,000 employ-
ers. Ninety-eight and three-tenths percent of employ-
ees are automatically confirmed as work-authorized 
either instantly or within 24 hours, requiring no em-
ployee or employer action. 
(4) The United States Court of Appeals for the 
Fourth Circuit decided in Chamber of Commerce v. 
VerDate Mar 15 2010 
03:23 Jul 13, 2012
Jkt 019200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H6112.IH
H6112
rfrederick on DSK6VPTVN1PROD with BILLS
Janet Napolitano that entities that solicit and volun-
tarily enter into contracts or agreements with the 
Federal Government can be subject to a requirement 
for electronic verification of employment eligibility. 
SEC. 3. REQUIREMENT FOR FEDERAL CONTRACTORS AND 
OTHER RECIPIENTS OF FEDERAL FUNDS TO 
PARTICIPATE IN E-VERIFY PROGRAM. 
(a) IN GENERAL.—Section 402(e)(1) of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 
1996 (8 U.S.C. 1324a note) is amended by adding at the 
end the following new subparagraphs: 
‘‘(C) FEDERAL
CONTRACTORS
AND
SUB-
CONTRACTORS.— 
‘‘(i) IN GENERAL.—Any Federal con-
tractor described in clause (ii), and any 
subcontractor described in clause (iii), 
shall elect, prior to receipt of any payment 
under the contract or subcontract, to par-
ticipate in the E-Verify Program described 
in section 403(a) and shall comply with the 
terms and conditions of such election. 
‘‘(ii) FEDERAL
CONTRACTORS
DE-
SCRIBED.—A Federal contractor is de-
scribed in this clause if the contractor— 
‘‘(I) employs individuals; and 
VerDate Mar 15 2010 
03:23 Jul 13, 2012
Jkt 019200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H6112.IH
H6112
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(II) has been awarded (and has 
not completed performance of) a con-
tract by the Federal Government for 
the procurement of goods or services. 
‘‘(iii) 
SUBCONTRACTORS
DE-
SCRIBED.—A subcontractor is described in 
this clause if the subcontractor— 
‘‘(I) employs individuals; and 
‘‘(II) has been awarded (and has 
not completed performance of) a sub-
contract by a Federal contractor de-
scribed in clause (ii). 
‘‘(iv) COVERAGE OF WORKFORCE.—In 
implementing this subparagraph, the Sec-
retary of Homeland Security shall ensure 
that the E-Verify Program is applied to— 
‘‘(I) all persons hired during the 
contract term by the contractor to 
perform employment duties within the 
United States; 
‘‘(II) all employees assigned by 
the contractor to perform work within 
the United States on the contract; 
and 
VerDate Mar 15 2010 
03:23 Jul 13, 2012
Jkt 019200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H6112.IH
H6112
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(III) in the case of a subcon-
tractor, all employees of the subcon-
tractor who are directly engaged in 
performing work under the contract. 
‘‘(v) EXCEPTIONS
TO
CONTRACTS 
COVERED.—For purposes of clause (ii)(II), 
a contract by the Federal Government for 
the procurement of goods or services does 
not include any of the following contracts: 
‘‘(I) A contract in an amount less 
than the simplified acquisition thresh-
old. 
‘‘(II) A contract that is for the 
procurement of only commercially 
available off-the-shelf items (or minor 
modifications to such items) and re-
lated services. 
‘‘(III) A contract with a term of 
less than 120 days. 
‘‘(IV) A contract under which all 
work is performed outside the United 
States. 
‘‘(D) RECIPIENTS OF GRANTS, LOANS, AND 
OTHER FEDERAL BENEFITS.— 
VerDate Mar 15 2010 
03:23 Jul 13, 2012
Jkt 019200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H6112.IH
H6112
rfrederick on DSK6VPTVN1PROD with BILLS
‘‘(i) IN GENERAL.—Any recipient of a 
Federal benefit described in clause (ii) 
shall elect, prior to receipt of the benefit, 
to participate in the E-Verify Program de-
scribed in section 403(a) and shall comply 
with the terms and conditions of such elec-
tion. 
‘‘(ii) RECIPIENT OF FEDERAL FUNDS 
DESCRIBED.—A recipient of a Federal ben-
efit is described in this clause if the recipi-
ent— 
‘‘(I) employs individuals; and 
‘‘(II) has received (and not com-
pleted the term of) a grant, loan, loan 
guarantee, or cooperative agreement 
from the Federal Government. 
‘‘(iii) COVERAGE OF WORKFORCE.—In 
implementing this subparagraph, the Sec-
retary of Homeland Security shall ensure 
that the E-Verify Program is applied to— 
‘‘(I) all persons hired during the 
term of the grant, loan, loan guar-
antee, or cooperative agreement by 
the recipient of the Federal benefit to 
VerDate Mar 15 2010 
03:23 Jul 13, 2012
Jkt 019200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H6112.IH
H6112
rfrederick on DSK6VPTVN1PROD with BILLS
perform employment duties within the 
United States; and 
‘‘(II) all employees assigned by 
the recipient of the Federal benefit to 
perform work within the United 
States under the project or activity 
funded by the grant, loan, loan guar-
antee, or cooperative agreement.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall apply to contracts, grants, loans, loan 
guarantees, or cooperative agreements entered into, 
awarded, renewed, or extended, as the case may be, on 
or after the expiration of the 60-day period beginning on 
the date of the enactment of this Act. 
SEC. 4. PERMANENT REAUTHORIZATION OF E-VERIFY. 
(a) IN GENERAL.—Section 401 of the Illegal Immi-
gration Reform and Immigrant Responsibility Act of 1996 
(8 U.S.C. 1324a note) is amended— 
(1) in subsection (a), by striking ‘‘pilot’’; 
(2) in subsection (b)— 
(A) by striking ‘‘the pilot programs’’ and 
inserting ‘‘the programs required under this 
subtitle’’; and 
(B) by striking ‘‘Unless the Congress oth-
erwise provides, the Secretary of Homeland Se-
VerDate Mar 15 2010 
03:23 Jul 13, 2012
Jkt 019200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H6112.IH
H6112
rfrederick on DSK6VPTVN1PROD with BILLS
curity shall terminate a pilot program on Sep-
tember 30, 2012.’’; and 
(3) in subsection (d)— 
(A) by redesignating paragraphs (1), (2), 
(3), (4), (5), (6), and (7) as paragraphs (4), 
(1), (5), (2), (3), (7), and (6), respectively; and 
(B) by amending paragraph (4), as redes-
ignated, to read as follows: 
‘‘(4) PROGRAM.—The term ‘program’ means 
any of the 3 programs provided for under this sub-
title.’’. 
(b) CONFORMING AMENDMENTS.—Subtitle A of title 
IV of division C of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended— 
(1) in section 402, by striking ‘‘pilot’’ each 
place such term appears; and 
(2) in section 403(a)(2)— 
(A) in subparagraph (A), by amending 
clause (i) to read as follows: 
‘‘(i) A document referred to in section 
274A(b)(1)(B)(ii) of the Immigration and 
Nationality 
Act 
(8 
U.S.C. 
1324a(b)(1)(B)(ii)) shall be designated by 
the Secretary of Homeland Security as 
VerDate Mar 15 2010 
03:23 Jul 13, 2012
Jkt 019200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H6112.IH
H6112
rfrederick on DSK6VPTVN1PROD with BILLS
suitable for the purpose of identification in 
a program provided for under this sub-
title.’’; and 
(B) in subparagraph (B), by striking 
‘‘pilot’’. 
Æ 
VerDate Mar 15 2010 
03:23 Jul 13, 2012
Jkt 019200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6301
E:\BILLS\H6112.IH
H6112
rfrederick on DSK6VPTVN1PROD with BILLS