Legal Workforce Act

Bill: 112-hr-2885
Sponsor: Rep. Smith, Lamar [R-TX-21]
Introduced: 2011-09-12 in the House
Policy area: Immigration
Subjects: Administrative remedies
Border security and unlawful immigration
Department of Homeland Security
Employee hiring
Executive agency funding and structure
Federal preemption
Foreign labor
Fraud offenses and financial crimes
Government information and archives
Government studies and investigations
Immigration status and procedures
Internet and video services
Internet, web applications, social media
Migrant, seasonal, agricultural labor
Personnel records
Public contracts and procurement
Telephone and wireless communication
Visas and passports

Summary:
action_date: 2011-09-12
text: 
Legal Workforce Act - Amends the Immigration and Nationality Act to direct the Secretary of Homeland Security (DHS) to establish an employment eligibility verification system (EEVS), patterned after the E-Verify system. (Eliminates the current paper-based I-9 system.) 
 
Requires an employer to attest, during the verification period and under penalty of perjury, that the employer has verified that an individual is not an unauthorized alien by: (1) obtaining and recording the individual's social security account number, and (2) examining specified documents that establish such individual's identity and employment authorization.
 
Requires an individual to attest that he or she is a U.S. citizen or national, a lawful permanent resident, or an alien authorized to work in the United States.
 
Subjects an individual who knowingly uses the social security number or other identification of another person to fine and/or imprisonment.
 
Establishes a phased-in EEVS participation deadline (six months to two years) for different categories of employers, including agricultural employers. (Exempts from verification requirements seasonal agricultural workers who return to work for a previous employer.)
 
Requires reverification of the following workers who have not been verified under E-verify: (1) federal, state, or local government employees; (2) certain employees who require a federal security clearance; and (3) certain employees assigned to work in the United States under a federal or state contract.
 
Authorizes an employer to voluntarily reverify employees. (Requires any such reverification to be applied to all individuals so employed).
 
Includes employment recruitment and referral within the scope of EEVS. Requires EEVS use by union halls and nonprofit employment agencies.
 
Requires EEVS to provide employers with: (1) temporary verification or nonverification within 3 working days of an inquiry; and (2) in the case of nonverification, a final verification or nonverification within 10 working days.
 
Sets forth provisions regarding: (1) an employer utilizing a good faith defense, (2) preemption of state or local law, (3) employer penalties, and (4) worker remedies for EEVS errors.
 
Provides for the establishment of programs to: (1) block the use of misused social security numbers, and (2) suspend or limit the use of social security numbers of victims of identity fraud. 


Legislative actions:
action_date: 2011-09-21
text: Ordered to be Reported (Amended) by the Yeas and Nays: 22 - 13.
action_date: 2011-09-15
text: Committee Consideration and Mark-up Session Held.
action_date: 2011-09-14
text: Referred to the Subcommittee on Immigration Policy and Enforcement.
action_date: 2011-09-13
text: Referred for a period ending not later than September 13, 2011, (or for a later time if the Chairman so designates) to the Subcommittee on Social Security, in each case for consideration of such provisions as fall within the jurisdiction of the subcommittee concerned.
action_date: 2011-09-12
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, 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.
action_date: 2011-09-12
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, 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.
action_date: 2011-09-12
text: Referred to the Committee on the Judiciary, and in addition to the Committees on Education and the Workforce, 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.
action_date: 2011-09-12
text: Introduced in House
action_date: 2011-09-12
text: Introduced in House