I 
116TH CONGRESS 
1ST SESSION H. R. 1399 
To expand the use of E-Verify, to hold employers accountable, and for 
other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 27, 2019 
Mr. BROOKS of Alabama (for himself, Mr. GOSAR, Mr. DUNCAN, Mr. 
DESJARLAIS, Mr. BABIN, Mr. KING of Iowa, Mr. BUDD, Mr. GIBBS, Mr. 
GAETZ, Mr. BYRNE, Mr. HUNTER, Mr. HARRIS, Mr. CRAWFORD, Mr. 
GOHMERT, Mr. FORTENBERRY, Mr. POSEY, and Mr. NORMAN) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committees on Education and Labor, and 
Ways and Means, 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 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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