[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5398 Introduced in House (IH)]
<DOC>
114th CONGRESS
2d Session
H. R. 5398
To amend the Immigration and Nationality Act to reform the United
States immigration system to provide for a competitive America, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 7, 2016
Mr. Rice of South Carolina introduced the following bill; which was
referred to the Committee on the Judiciary, and in addition to the
Committees on Ways and Means, Homeland Security, Foreign Affairs, and
Education and the Workforce, 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 amend the Immigration and Nationality Act to reform the United
States immigration system to provide for a competitive America, and for
other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Immigration for a Competitive
America Act of 2016''.
Sec. 1. Short title.
TITLE I--CHANGE IN IMMIGRATION ADMISSIONS CAPS
Sec. 101. Family-sponsored immigrants reduced; employment-sponsored
immigrants increased.
Sec. 102. Increased limits for certain employment-based visas.
Sec. 103. Conforming amendments.
TITLE II--LEGAL WORKFORCE ACT
Sec. 201. Employment eligibility verification process.
Sec. 202. Employment eligibility verification system.
Sec. 203. Recruitment, referral, and continuation of employment.
Sec. 204. Good faith defense.
Sec. 205. Preemption and States' Rights.
Sec. 206. Repeal.
Sec. 207. Penalties.
Sec. 208. Fraud and misuse of documents.
Sec. 209. Protection of Social Security Administration programs.
Sec. 210. Fraud prevention.
Sec. 211. Identity authentication employment eligibility verification
pilot program.
Sec. 212. Inspector General audits.
TITLE III--TAX PROVISIONS
Sec. 301. Denial of earned income tax credit for aliens receiving work
authorization pursuant to certain deferred
action programs.
Sec. 302. Requiring social security number for child tax credit and
denying such credit for aliens receiving
work authorization pursuant to certain
deferred action programs.
TITLE IV--SUSPENSION OF FOREIGN ASSISTANCE
Sec. 401. Suspension of foreign assistance.
TITLE V--NONIMMIGRANT LABORER NUMERICAL LIMITATIONS EXPANDED
Sec. 501. H-2B workers.
Sec. 502. H-2A workers.
TITLE VI--LIMITATIONS ON ISSUANCE OF VISAS
Sec. 601. Security certification.
Sec. 602. Inspector General review.
TITLE I--CHANGE IN IMMIGRATION ADMISSIONS CAPS
SEC. 101. FAMILY-SPONSORED IMMIGRANTS REDUCED; EMPLOYMENT-SPONSORED
IMMIGRANTS INCREASED.
Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151)
is amended--
(1) in subsection (c)(1)(B)(ii), by striking ``226,000''
and inserting ``113,000''; and
(2) in subsection (d)(1)(A), by striking ``140,000'' and
inserting ``253,000''.
SEC. 102. INCREASED LIMITS FOR CERTAIN EMPLOYMENT-BASED VISAS.
Section 203(b) of the Immigration and Nationality Act (8 U.S.C.
1153(b)) is amended--
(1) in paragraph (3)(B), by striking ``10,000'' and
inserting ``15,500'';
(2) in paragraph (4), by striking ``5,000'' and inserting
``7,750''; and
(3) in paragraph (5)(B)(i), by striking ``3,000'' and
inserting ``4,650''.
SEC. 103. CONFORMING AMENDMENTS.
Section 203(a) of the Immigration and Nationality Act (8 U.S.C.
1153(a)) is amended--
(1) in paragraph (1), by striking ``23,400'' and inserting
``11,700'';
(2) in paragraph (2)--
(A) by striking ``114,200'' and inserting
``57,100''; and
(B) by striking ``226,000'' and inserting
``113,000'';
(3) in paragraph (3), by striking ``23,400'' and inserting
``11,700''; and
(4) in paragraph (4), by striking ``65,000'' and inserting
``32,500''.
TITLE II--LEGAL WORKFORCE ACT
SEC. 201. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.
(a) In General.--Section 274A(b) of the Immigration and Nationality
Act (8 U.S.C. 1324a(b)) is amended to read as follows:
``(b) Employment Eligibility Verification Process.--
``(1) New hires, recruitment, and referral.--The
requirements referred to in paragraphs (1)(B) and (3) of
subsection (a) are, in the case of a person or other entity
hiring, recruiting, or referring an individual for employment
in the United States, the following:
``(A) Attestation after examination of
documentation.--
``(i) Attestation.--During the verification
period (as defined in subparagraph (E)), the
person or entity shall attest, under penalty of
perjury and on a form, including electronic and
telephonic formats, designated or established
by the Secretary by regulation not later than 6
months after the date of the enactment of the
Immigration for a Competitive America Act of
2016, that it has verified that the individual
is not an unauthorized alien by--
``(I) obtaining from the individual
the individual's social security
account number and recording the number
on the form (if the individual claims
to have been issued such a number),
and, if the individual does not attest
to United States nationality under
subparagraph (B), obtaining such
identification or authorization number
established by the Department of
Homeland Security for the alien as the
Secretary of Homeland Security may
specify, and recording such number on
the form; and
``(II) examining--
``(aa) a document relating
to the individual presenting it
described in clause (ii); or
``(bb) a document relating
to the individual presenting it
described in clause (iii) and a
document relating to the
individual presenting it
described in clause (iv).
``(ii) Documents evidencing employment
authorization and establishing identity.--A
document described in this subparagraph is an
individual's--
``(I) unexpired United States
passport or passport card;
``(II) unexpired permanent resident
card that contains a photograph;
``(III) unexpired employment
authorization card that contains a
photograph;
``(IV) in the case of a
nonimmigrant alien authorized to work
for a specific employer incident to
status, a foreign passport with Form I-
94 or Form I-94A, or other
documentation as designated by the
Secretary specifying the alien's
nonimmigrant status as long as the
period of status has not yet expired
and the proposed employment is not in
conflict with any restrictions or
limitations identified in the
documentation;
``(V) passport from the Federated
States of Micronesia (FSM) or the
Republic of the Marshall Islands (RMI)
with Form I-94 or Form I-94A, or other
documentation as designated by the
Secretary, indicating nonimmigrant
admission under the Compact of Free
Association Between the United States
and the FSM or RMI; or
``(VI) other document designated by
the Secretary of Homeland Security, if
the document--
``(aa) contains a
photograph of the individual
and biometric identification
data from the individual and
such other personal identifying
information relating to the
individual as the Secretary of
Homeland Security finds, by
regulation, sufficient for
purposes of this clause;
``(bb) is evidence of
authorization of employment in
the United States; and
``(cc) contains security
features to make it resistant
to tampering, counterfeiting,
and fraudulent use.
``(iii) Documents evidencing employment
authorization.--A document described in this
subparagraph is an individual's social security
account number card (other than such a card
which specifies on the face that the issuance
of the card does not authorize employment in
the United States).
``(iv) Documents establishing identity of
individual.--A document described in this
subparagraph is--
``(I) an individual's unexpired
State issued driver's license or
identification card if it contains a
photograph and information such as
name, date of birth, gender, height,
eye color, and address;
``(II) an individual's unexpired
U.S. military identification card;
``(III) an individual's unexpired
Native American tribal identification
document issued by a tribal entity
recognized by the Bureau of Indian
Affairs; or
``(IV) in the case of an individual
under 18 years of age, a parent or
legal guardian's attestation under
penalty of law as to the identity and
age of the individual.
``(v) Authority to prohibit use of certain
documents.--If the Secretary of Homeland
Security finds, by regulation, that any
document described in clause (i), (ii), or
(iii) as establishing employment authorization
or identity does not reliably establish such
authorization or identity or is being used
fraudulently to an unacceptable degree, the
Secretary may prohibit or place conditions on
its use for purposes of this paragraph.
``(vi) Signature.--Such attestation may be
manifested by either a handwritten or
electronic signature.
``(B) Individual attestation of employment
authorization.--During the verification period (as
defined in subparagraph (E)), the individual shall
attest, under penalty of perjury on the form designated
or established for purposes of subparagraph (A), that
the individual is a citizen or national of the United
States, an alien lawfully admitted for permanent
residence, or an alien who is authorized under this Act
or by the Secretary of Homeland Security to be hired,
recruited, or referred for such employment. Such
attestation may be manifested by either a handwritten
or electronic signature. The individual shall also
provide that individual's social security account
number (if the individual claims to have been issued
such a number), and, if the individual does not attest
to United States nationality under this subparagraph,
such identification or authorization number established
by the Department of Homeland Security for the alien as
the Secretary may specify.
``(C) Retention of verification form and
verification.--
``(i) In general.--After completion of such
form in accordance with subparagraphs (A) and
(B), the person or entity shall--
``(I) retain a paper, microfiche,
microfilm, or electronic version of the
form and make it available for
inspection by officers of the
Department of Homeland Security, the
Special Counsel for Immigration-Related
Unfair Employment Practices, or the
Department of Labor during a period
beginning on the date of the recruiting
or referral of the individual, or, in
the case of the hiring of an
individual, the date on which the
verification is completed, and ending--
``(aa) in the case of the
recruiting or referral of an
individual, 3 years after the
date of the recruiting or
referral; and
``(bb) in the case of the
hiring of an individual, the
later of 3 years after the date
the verification is completed
or one year after the date the
individual's employment is
terminated; and
``(II) during the verification
period (as defined in subparagraph
(E)), make an inquiry, as provided in
subsection (d), using the verification
system to seek verification of the
identity and employment eligibility of
an individual.
``(ii) Confirmation.--
``(I) Confirmation received.--If
the person or other entity receives an
appropriate confirmation of an
individual's identity and work
eligibility under the verification
system within the time period
specified, the person or entity shall
record on the form an appropriate code
that is provided under the system and
that indicates a final confirmation of
such identity and work eligibility of
the individual.
``(II) Tentative nonconfirmation
received.--If the person or other
entity receives a tentative
nonconfirmation of an individual's
identity or work eligibility under the
verification system within the time
period specified, the person or entity
shall so inform the individual for whom
the verification is sought. If the
individual does not contest the
nonconfirmation within the time period
specified, the nonconfirmation shall be
considered final. The person or entity
shall then record on the form an
appropriate code which has been
provided under the system to indicate a
final nonconfirmation. If the
individual does contest the
nonconfirmation, the individual shall
utilize the process for secondary
verification provided under subsection
(d). The nonconfirmation will remain
tentative until a final confirmation or
nonconfirmation is provided by the
verification system within the time
period specified. In no case shall an
employer terminate employment of an
individual because of a failure of the
individual to have identity and work
eligibility confirmed under this
section until a nonconfirmation becomes
final. Nothing in this clause shall
apply to a termination of employment
for any reason other than because of
such a failure. In no case shall an
employer rescind the offer of
employment to an individual because of
a failure of the individual to have
identity and work eligibility confirmed
under this subsection until a
nonconfirmation becomes final. Nothing
in this subclause shall apply to a
rescission of the offer of employment
for any reason other than because of
such a failure.
``(III) Final confirmation or
nonconfirmation received.--If a final
confirmation or nonconfirmation is
provided by the verification system
regarding an individual, the person or
entity shall record on the form an
appropriate code that is provided under
the system and that indicates a
confirmation or nonconfirmation of
identity and work eligibility of the
individual.
``(IV) Extension of time.--If the
person or other entity in good faith
attempts to make an inquiry during the
time period specified and the
verification system has registered that
not all inquiries were received during
such time, the person or entity may
make an inquiry in the first subsequent
working day in which the verification
system registers that it has received
all inquiries. If the verification
system cannot receive inquiries at all
times during a day, the person or
entity merely has to assert that the
entity attempted to make the inquiry on
that day for the previous sentence to
apply to such an inquiry, and does not
have to provide any additional proof
concerning such inquiry.
``(V) Consequences of
nonconfirmation.--
``(aa) Termination or
notification of continued
employment.--If the person or
other entity has received a
final nonconfirmation regarding
an individual, the person or
entity may terminate employment
of the individual (or decline
to recruit or refer the
individual). If the person or
entity does not terminate
employment of the individual or
proceeds to recruit or refer
the individual, the person or
entity shall notify the
Secretary of Homeland Security
of such fact through the
verification system or in such
other manner as the Secretary
may specify.
``(bb) Failure to notify.--
If the person or entity fails
to provide notice with respect
to an individual as required
under item (aa), the failure is
deemed to constitute a
violation of subsection
(a)(1)(A) with respect to that
individual.
``(VI) Continued employment after
final nonconfirmation.--If the person
or other entity continues to employ (or
to recruit or refer) an individual
after receiving final nonconfirmation,
a rebuttable presumption is created
that the person or entity has violated
subsection (a)(1)(A).
``(D) Effective dates of new procedures.--
``(i) Hiring.--Except as provided in clause
(iii), the provisions of this paragraph shall
apply to a person or other entity hiring an
individual for employment in the United States
as follows:
``(I) With respect to employers
having 10,000 or more employees in the
United States on the date of the
enactment of the Immigration for a
Competitive America Act of 2016, on the
date that is 6 months after the date of
the enactment of such Act.
``(II) With respect to employers
having 500 or more employees in the
United States, but less than 10,000
employees in the United States, on the
date of the enactment of the
Immigration for a Competitive America
Act of 2016, on the date that is 12
months after the date of the enactment
of such Act.
``(III) With respect to employers
having 20 or more employees in the
United States, but less than 500
employees in the United States, on the
date of the enactment of the
Immigration for a Competitive America
Act of 2016, on the date that is 18
months after the date of the enactment
of such Act.
``(IV) With respect to employers
having 1 or more employees in the
United States, but less than 20
employees in the United States, on the
date of the enactment of the
Immigration for a Competitive America
Act of 2016, on the date that is 24
months after the date of the enactment
of such Act.
``(ii) Recruiting and referring.--Except as
provided in clause (iii), the provisions of
this paragraph shall apply to a person or other
entity recruiting or referring an individual
for employment in the United States on the date
that is 12 months after the date of the
enactment of the Immigration for a Competitive
America Act of 2016.
``(iii) Agricultural labor or services.--
With respect to an employee performing
agricultural labor or services, this paragraph
shall not apply with respect to the
verification of the employee until the date
that is 24 months after the date of the
enactment of the Immigration for a Competitive
America Act of 2016. For purposes of the
preceding sentence, the term `agricultural
labor or services' has the meaning given such
term by the Secretary of Agriculture in
regulations and includes agricultural labor as
defined in section 3121(g) of the Internal
Revenue Code of 1986, agriculture as defined in
section 3(f) of the Fair Labor Standards Act of
1938 (29 U.S.C. 203(f)), the handling,
planting, drying, packing, packaging,
processing, freezing, or grading prior to
delivery for storage of any agricultural or
horticultural commodity in its unmanufactured
state, all activities required for the
preparation, processing or manufacturing of a
product of agriculture (as such term is defined
in such section 3(f)) for further distribution,
and activities similar to all the foregoing as
they relate to fish or shellfish in aquaculture
facilities. An employee described in this
clause shall not be counted for purposes of
clause (i).
``(iv) Transition rule.--Subject to
paragraph (4), the following shall apply to a
person or other entity hiring, recruiting, or
referring an individual for employment in the
United States until the effective date or dates
applicable under clauses (i) through (iii):
``(I) This subsection, as in effect
before the enactment of the Immigration
for a Competitive America Act of 2016.
``(II) Subtitle A of title IV of
the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note), as in effect before
the effective date in section 206(c) of
the Immigration for a Competitive
America Act of 2016.
``(III) Any other provision of
Federal law requiring the person or
entity 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), as in effect before
the effective date in section 206(c) of
the Immigration for a Competitive
America Act of 2016, including
Executive Order 13465 (8 U.S.C. 1324a
note; relating to Government
procurement).
``(E) Verification period defined.--
``(i) In general.--For purposes of this
paragraph:
``(I) In the case of recruitment or
referral, the term `verification
period' means the period ending on the
date recruiting or referring commences.
``(II) In the case of hiring, the
term `verification period' means the
period beginning on the date on which
an offer of employment is extended and
ending on the date that is 3 business
days after the date of hire, except as
provided in clause (iii). The offer of
employment may be conditioned in
accordance with clause (ii).
``(ii) Job offer may be conditional.--A
person or other entity may offer a prospective
employee an employment position that is
conditioned on final verification of the
identity and employment eligibility of the
employee using the procedures established under
this paragraph.
``(iii) Special rule.--Notwithstanding
clause (i)(II), in the case of an alien who is
authorized for employment and who provides
evidence from the Social Security
Administration that the alien has applied for a
social security account number, the
verification period ends three business days
after the alien receives the social security
account number.
``(2) Reverification for individuals with limited work
authorization.--
``(A) In general.--Except as provided in
subparagraph (B), a person or entity shall make an
inquiry, as provided in subsection (d), using the
verification system to seek reverification of the
identity and employment eligibility of all individuals
with a limited period of work authorization employed by
the person or entity during the 3 business days before
the date on which the employee's work authorization
expires as follows:
``(i) With respect to employers having
10,000 or more employees in the United States
on the date of the enactment of the Immigration
for a Competitive America Act of 2016,
beginning on the date that is 6 months after
the date of the enactment of such Act.
``(ii) With respect to employers having 500
or more employees in the United States, but
less than 10,000 employees in the United
States, on the date of the enactment of the
Immigration for a Competitive America Act of
2016, beginning on the date that is 12 months
after the date of the enactment of such Act.
``(iii) With respect to employers having 20
or more employees in the United States, but
less than 500 employees in the United States,
on the date of the enactment of the Immigration
for a Competitive America Act of 2016,
beginning on the date that is 18 months after
the date of the enactment of such Act.
``(iv) With respect to employers having 1
or more employees in the United States, but
less than 20 employees in the United States, on
the date of the enactment of the Immigration
for a Competitive America Act of 2016,
beginning on the date that is 24 months after
the date of the enactment of such Act.
``(B) Agricultural labor or services.--With respect
to an employee performing agricultural labor or
services, or an employee recruited or referred by a
farm labor contractor (as defined in section 3 of the
Migrant and Seasonal Agricultural Worker Protection Act
(29 U.S.C. 1801)), subparagraph (A) shall not apply
with respect to the reverification of the employee
until the date that is 24 months after the date of the
enactment of the Immigration for a Competitive America
Act of 2016. For purposes of the preceding sentence,
the term `agricultural labor or services' has the
meaning given such term by the Secretary of Agriculture
in regulations and includes agricultural labor as
defined in section 3121(g) of the Internal Revenue Code
of 1986, agriculture as defined in section 3(f) of the
Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)),
the handling, planting, drying, packing, packaging,
processing, freezing, or grading prior to delivery for
storage of any agricultural or horticultural commodity
in its unmanufactured state, all activities required
for the preparation, processing, or manufacturing of a
product of agriculture (as such term is defined in such
section 3(f)) for further distribution, and activities
similar to all the foregoing as they relate to fish or
shellfish in aquaculture facilities. An employee
described in this subparagraph shall not be counted for
purposes of subparagraph (A).
``(C) Reverification.--Paragraph (1)(C)(ii) shall
apply to reverifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Special Counsel for Immigration-
Related Unfair Employment Practices, or the
Department of Labor during the period beginning
on the date the reverification commences and
ending on the date that is the later of 3 years
after the date of such reverification or 1 year
after the date the individual's employment is
terminated.
``(3) Previously hired individuals.--
``(A) On a mandatory basis for certain employees.--
``(i) In general.--Not later than the date
that is 6 months after the date of the
enactment of the Immigration for a Competitive
America Act of 2016, an employer shall make an
inquiry, as provided in subsection (d), using
the verification system to seek verification of
the identity and employment eligibility of any
individual described in clause (ii) employed by
the employer whose employment eligibility has
not been verified under 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).
``(ii) Individuals described.--An
individual described in this clause is any of
the following:
``(I) An employee of any unit of a
Federal, State, or local government.
``(II) An employee who requires a
Federal security clearance working in a
Federal, State or local government
building, a military base, a nuclear
energy site, a weapons site, or an
airport or other facility that requires
workers to carry a Transportation
Worker Identification Credential
(TWIC).
``(III) An employee assigned to
perform work in the United States under
a Federal contract, except that this
subclause--
``(aa) is not applicable to
individuals who have a
clearance under Homeland
Security Presidential Directive
12 (HSPD 12 clearance), are
administrative or overhead
personnel, or are working
solely on contracts that
provide Commercial Off The
Shelf goods or services as set
forth by the Federal
Acquisition Regulatory Council,
unless they are subject to
verification under subclause
(II); and
``(bb) only applies to
contracts over the simple
acquisition threshold as
defined in section 2.101 of
title 48, Code of Federal
Regulations.
``(B) On a mandatory basis for multiple users of
same social security account number.--In the case of an
employer who is required by this subsection to use the
verification system described in subsection (d), or has
elected voluntarily to use such system, the employer
shall make inquiries to the system in accordance with
the following:
``(i) The Commissioner of Social Security
shall notify annually employees (at the
employee address listed on the Wage and Tax
Statement) who submit a social security account
number to which more than one employer reports
income and for which there is a pattern of
unusual multiple use. The notification letter
shall identify the number of employers to which
income is being reported as well as sufficient
information notifying the employee of the
process to contact the Social Security
Administration Fraud Hotline if the employee
believes the employee's identity may have been
stolen. The notice shall not share information
protected as private, in order to avoid any
recipient of the notice from being in the
position to further commit or begin committing
identity theft.
``(ii) If the person to whom the social
security account number was issued by the
Social Security Administration has been
identified and confirmed by the Commissioner,
and indicates that the social security account
number was used without their knowledge, the
Secretary and the Commissioner shall lock the
social security account number for employment
eligibility verification purposes and shall
notify the employers of the individuals who
wrongfully submitted the social security
account number that the employee may not be
work eligible.
``(iii) Each employer receiving such
notification of an incorrect social security
account number under clause (ii) shall use the
verification system described in subsection (d)
to check the work eligibility status of the
applicable employee within 10 business days of
receipt of the notification.
``(C) On a voluntary basis.--Subject to paragraph
(2), and subparagraphs (A) through (C) of this
paragraph, beginning on the date that is 30 days after
the date of the enactment of the Immigration for a
Competitive America Act of 2016, an employer may make
an inquiry, as provided in subsection (d), using the
verification system to seek verification of the
identity and employment eligibility of any individual
employed by the employer. If an employer chooses
voluntarily to seek verification of any individual
employed by the employer, the employer shall seek
verification of all individuals so employed. An
employer's decision about whether or not voluntarily to
seek verification of its current workforce under this
subparagraph may not be considered by any government
agency in any proceeding, investigation, or review
provided for in this Act.
``(D) Verification.--Paragraph (1)(C)(ii) shall
apply to verifications pursuant to this paragraph on
the same basis as it applies to verifications pursuant
to paragraph (1), except that employers shall--
``(i) use a form designated or established
by the Secretary by regulation for purposes of
this paragraph; and
``(ii) retain a paper, microfiche,
microfilm, or electronic version of the form
and make it available for inspection by
officers of the Department of Homeland
Security, the Special Counsel for Immigration-
Related Unfair Employment Practices, or the
Department of Labor during the period beginning
on the date the verification commences and
ending on the date that is the later of 3 years
after the date of such verification or 1 year
after the date the individual's employment is
terminated.
``(4) Early compliance.--
``(A) Former e-verify required users, including
federal contractors.--Notwithstanding the deadlines in
paragraphs (1) and (2), beginning on the date of the
enactment of the Immigration for a Competitive America
Act of 2016, the Secretary is authorized to commence
requiring 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), 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 commence compliance with the
requirements of this subsection (and any additional
requirements of such Federal acquisition laws and
regulation) in lieu of any requirement to participate
in the E-Verify Program.
``(B) Former e-verify voluntary users and others
desiring early compliance.--Notwithstanding the
deadlines in paragraphs (1) and (2), beginning on the
date of the enactment of the Immigration for a
Competitive America Act of 2016, the Secretary shall
provide for the voluntary compliance with the
requirements of this subsection by employers
voluntarily electing 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) before such date, as well as
by other employers seeking voluntary early compliance.
``(5) Copying of documentation permitted.--Notwithstanding
any other provision of law, the person or entity may copy a
document presented by an individual pursuant to this subsection
and may retain the copy, but only (except as otherwise
permitted under law) for the purpose of complying with the
requirements of this subsection.
``(6) Limitation on use of forms.--A form designated or
established by the Secretary of Homeland Security under this
subsection and any information contained in or appended to such
form, may not be used for purposes other than for enforcement
of this Act and any other provision of Federal criminal law.
``(7) Good faith compliance.--
``(A) In general.--Except as otherwise provided in
this subsection, a person or entity is considered to
have complied with a requirement of this subsection
notwithstanding a technical or procedural failure to
meet such requirement if there was a good faith attempt
to comply with the requirement.
``(B) Exception if failure to correct after
notice.--Subparagraph (A) shall not apply if--
``(i) the failure is not de minimis;
``(ii) the Secretary of Homeland Security
has explained to the person or entity the basis
for the failure and why it is not de minimis;
``(iii) the person or entity has been
provided a period of not less than 30 calendar
days (beginning after the date of the
explanation) within which to correct the
failure; and
``(iv) the person or entity has not
corrected the failure voluntarily within such
period.
``(C) Exception for pattern or practice
violators.--Subparagraph (A) shall not apply to a
person or entity that has or is engaging in a pattern
or practice of violations of subsection (a)(1)(A) or
(a)(2).
``(8) Single extension of deadlines upon certification.--In
a case in which the Secretary of Homeland Security has
certified to the Congress that the employment eligibility
verification system required under subsection (d) will not be
fully operational by the date that is 6 months after the date
of the enactment of the Immigration for a Competitive America
Act of 2016, each deadline established under this section for
an employer to make an inquiry using such system shall be
extended by 6 months. No other extension of such a deadline
shall be made.''.
(b) Date of Hire.--Section 274A(h) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)) is amended by adding at the end the
following:
``(4) Definition of date of hire.--As used in this section,
the term `date of hire' means the date of actual commencement
of employment for wages or other remuneration, unless otherwise
specified.''.
SEC. 202. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.
Section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)) is amended to read as follows:
``(d) Employment Eligibility Verification System.--
``(1) In general.--Patterned on the employment eligibility
confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of
1996 (8 U.S.C. 1324a note), the Secretary of Homeland Security
shall establish and administer a verification system through
which the Secretary (or a designee of the Secretary, which may
be a nongovernmental entity)--
``(A) responds to inquiries made by persons at any
time through a toll-free telephone line and other toll-
free electronic media concerning an individual's
identity and whether the individual is authorized to be
employed; and
``(B) maintains records of the inquiries that were
made, of verifications provided (or not provided), and
of the codes provided to inquirers as evidence of their
compliance with their obligations under this section.
``(2) Initial response.--The verification system shall
provide confirmation or a tentative nonconfirmation of an
individual's identity and employment eligibility within 3
working days of the initial inquiry. If providing confirmation
or tentative nonconfirmation, the verification system shall
provide an appropriate code indicating such confirmation or
such nonconfirmation.
``(3) Secondary confirmation process in case of tentative
nonconfirmation.--In cases of tentative nonconfirmation, the
Secretary shall specify, in consultation with the Commissioner
of Social Security, an available secondary verification process
to confirm the validity of information provided and to provide
a final confirmation or nonconfirmation not later than 10
working days after the date on which the notice of the
tentative nonconfirmation is received by the employee. The
Secretary, in consultation with the Commissioner, may extend
this deadline once on a case-by-case basis for a period of 10
working days, and if the time is extended, shall document such
extension within the verification system. The Secretary, in
consultation with the Commissioner, shall notify the employee
and employer of such extension. The Secretary, in consultation
with the Commissioner, shall create a standard process of such
extension and notification and shall make a description of such
process available to the public. When final confirmation or
nonconfirmation is provided, the verification system shall
provide an appropriate code indicating such confirmation or
nonconfirmation.
``(4) Design and operation of system.--The verification
system shall be designed and operated--
``(A) to maximize its reliability and ease of use
by persons and other entities consistent with
insulating and protecting the privacy and security of
the underlying information;
``(B) to respond to all inquiries made by such
persons and entities on whether individuals are
authorized to be employed and to register all times
when such inquiries are not received;
``(C) with appropriate administrative, technical,
and physical safeguards to prevent unauthorized
disclosure of personal information;
``(D) to have reasonable safeguards against the
system's resulting in unlawful discriminatory practices
based on national origin or citizenship status,
including--
``(i) the selective or unauthorized use of
the system to verify eligibility; or
``(ii) the exclusion of certain individuals
from consideration for employment as a result
of a perceived likelihood that additional
verification will be required, beyond what is
required for most job applicants;
``(E) to maximize the prevention of identity theft
use in the system; and
``(F) to limit the subjects of verification to the
following individuals:
``(i) Individuals hired, referred, or
recruited, in accordance with paragraph (1) or
(4) of subsection (b).
``(ii) Employees and prospective employees,
in accordance with paragraph (1), (2), (3), or
(4) of subsection (b).
``(iii) Individuals seeking to confirm
their own employment eligibility on a voluntary
basis.
``(5) Responsibilities of commissioner of social
security.--As part of the verification system, the Commissioner
of Social Security, in consultation with the Secretary of
Homeland Security (and any designee of the Secretary selected
to establish and administer the verification system), shall
establish a reliable, secure method, which, within the time
periods specified under paragraphs (2) and (3), compares the
name and social security account number provided in an inquiry
against such information maintained by the Commissioner in
order to validate (or not validate) the information provided
regarding an individual whose identity and employment
eligibility must be confirmed, the correspondence of the name
and number, and whether the individual has presented a social
security account number that is not valid for employment. The
Commissioner shall not disclose or release social security
information (other than such confirmation or nonconfirmation)
under the verification system except as provided for in this
section or section 205(c)(2)(I) of the Social Security Act.
``(6) Responsibilities of secretary of homeland security.--
As part of the verification system, the Secretary of Homeland
Security (in consultation with any designee of the Secretary
selected to establish and administer the verification system),
shall establish a reliable, secure method, which, within the
time periods specified under paragraphs (2) and (3), compares
the name and alien identification or authorization number (or
any other information as determined relevant by the Secretary)
which are provided in an inquiry against such information
maintained or accessed by the Secretary in order to validate
(or not validate) the information provided, the correspondence
of the name and number, whether the alien is authorized to be
employed in the United States, or to the extent that the
Secretary determines to be feasible and appropriate, whether
the records available to the Secretary verify the identity or
status of a national of the United States.
``(7) Updating information.--The Commissioner of Social
Security and the Secretary of Homeland Security shall update
their information in a manner that promotes the maximum
accuracy and shall provide a process for the prompt correction
of erroneous information, including instances in which it is
brought to their attention in the secondary verification
process described in paragraph (3).
``(8) Limitation on use of the verification system and any
related systems.--
``(A) No national identification card.--Nothing in
this section shall be construed to authorize, directly
or indirectly, the issuance or use of national
identification cards or the establishment of a national
identification card.
``(B) Critical infrastructure.--The Secretary may
authorize or direct any person or entity responsible
for granting access to, protecting, securing,
operating, administering, or regulating part of the
critical infrastructure (as defined in section 1016(e)
of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e))) to use the verification system to
the extent the Secretary determines that such use will
assist in the protection of the critical
infrastructure.
``(9) Remedies.--If an individual alleges that the
individual would not have been dismissed from a job but for an
error of the verification mechanism, the individual may seek
compensation only through the mechanism of the Federal Tort
Claims Act, and injunctive relief to correct such error. No
class action may be brought under this paragraph.''.
SEC. 203. RECRUITMENT, REFERRAL, AND CONTINUATION OF EMPLOYMENT.
(a) Additional Changes to Rules for Recruitment, Referral, and
Continuation of Employment.--Section 274A(a) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)) is amended--
(1) in paragraph (1)(A), by striking ``for a fee'';
(2) in paragraph (1), by amending subparagraph (B) to read
as follows:
``(B) to hire, continue to employ, or to recruit or
refer for employment in the United States an individual
without complying with the requirements of subsection
(b).''; and
(3) in paragraph (2), by striking ``after hiring an alien
for employment in accordance with paragraph (1),'' and
inserting ``after complying with paragraph (1),''.
(b) Definition.--Section 274A(h) of the Immigration and Nationality
Act (8 U.S.C. 1324a(h)), as amended by section 201(b) of this Act, is
further amended by adding at the end the following:
``(5) Definition of recruit or refer.--As used in this
section, the term `refer' means the act of sending or directing
a person who is in the United States or transmitting
documentation or information to another, directly or
indirectly, with the intent of obtaining employment in the
United States for such person. Only persons or entities
referring for remuneration (whether on a retainer or
contingency basis) are included in the definition, except that
union hiring halls that refer union members or nonunion
individuals who pay union membership dues are included in the
definition whether or not they receive remuneration, as are
labor service entities or labor service agencies, whether
public, private, for-profit, or nonprofit, that refer,
dispatch, or otherwise facilitate the hiring of laborers for
any period of time by a third party. As used in this section,
the term `recruit' means the act of soliciting a person who is
in the United States, directly or indirectly, and referring the
person to another with the intent of obtaining employment for
that person. Only persons or entities referring for
remuneration (whether on a retainer or contingency basis) are
included in the definition, except that union hiring halls that
refer union members or nonunion individuals who pay union
membership dues are included in this definition whether or not
they receive remuneration, as are labor service entities or
labor service agencies, whether public, private, for-profit, or
nonprofit that recruit, dispatch, or otherwise facilitate the
hiring of laborers for any period of time by a third party.''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date that is 1 year after the date of the enactment of
this Act, except that the amendments made by subsection (a) shall take
effect 6 months after the date of the enactment of this Act insofar as
such amendments relate to continuation of employment.
SEC. 204. GOOD FAITH DEFENSE.
Section 274A(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1324a(a)(3)) is amended to read as follows:
``(3) Good faith defense.--
``(A) Defense.--An employer (or person or entity
that hires, employs, recruits, or refers (as defined in
subsection (h)(5)), or is otherwise obligated to comply
with this section) who establishes that it has complied
in good faith with the requirements of subsection (b)--
``(i) shall not be liable to a job
applicant, an employee, the Federal Government,
or a State or local government, under Federal,
State, or local criminal or civil law for any
employment-related action taken with respect to
a job applicant or employee in good-faith
reliance on information provided through the
system established under subsection (d); and
``(ii) has established compliance with its
obligations under subparagraphs (A) and (B) of
paragraph (1) and subsection (b) absent a
showing by the Secretary of Homeland Security,
by clear and convincing evidence, that the
employer had knowledge that an employee is an
unauthorized alien.
``(B) Failure to seek and obtain verification.--
Subject to the effective dates and other deadlines
applicable under subsection (b), in the case of a
person or entity in the United States that hires, or
continues to employ, an individual, or recruits or
refers an individual for employment, the following
requirements apply:
``(i) Failure to seek verification.--
``(I) In general.--If the person or
entity has not made an inquiry, under
the mechanism established under
subsection (d) and in accordance with
the timeframes established under
subsection (b), seeking verification of
the identity and work eligibility of
the individual, the defense under
subparagraph (A) shall not be
considered to apply with respect to any
employment, except as provided in
subclause (II).
``(II) Special rule for failure of
verification mechanism.--If such a
person or entity in good faith attempts
to make an inquiry in order to qualify
for the defense under subparagraph (A)
and the verification mechanism has
registered that not all inquiries were
responded to during the relevant time,
the person or entity can make an
inquiry until the end of the first
subsequent working day in which the
verification mechanism registers no
nonresponses and qualify for such
defense.
``(ii) Failure to obtain verification.--If
the person or entity has made the inquiry
described in clause (i)(I) but has not received
an appropriate verification of such identity
and work eligibility under such mechanism
within the time period specified under
subsection (d)(2) after the time the
verification inquiry was received, the defense
under subparagraph (A) shall not be considered
to apply with respect to any employment after
the end of such time period.''.
SEC. 205. PREEMPTION AND STATES' RIGHTS.
Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C.
1324a(h)(2)) is amended to read as follows:
``(2) Preemption.--
``(A) Single, national policy.--The provisions of
this section preempt any State or local law, ordinance,
policy, or rule, including any criminal or civil fine
or penalty structure, insofar as they may now or
hereafter relate to the hiring, continued employment,
or status verification for employment eligibility
purposes, of unauthorized aliens.
``(B) State enforcement of federal law.--
``(i) Business licensing.--A State,
locality, municipality, or political
subdivision may exercise its authority over
business licensing and similar laws as a
penalty for failure to use the verification
system described in subsection (d) to verify
employment eligibility when and as required
under subsection (b).
``(ii) General rules.--A State, at its own
cost, may enforce the provisions of this
section, but only insofar as such State follows
the Federal regulations implementing this
section, applies the Federal penalty structure
set out in this section, and complies with all
Federal rules and guidance concerning
implementation of this section. Such State may
collect any fines assessed under this section.
An employer may not be subject to enforcement,
including audit and investigation, by both a
Federal agency and a State for the same
violation under this section. Whichever entity,
the Federal agency or the State, is first to
initiate the enforcement action, has the right
of first refusal to proceed with the
enforcement action. The Secretary must provide
copies of all guidance, training, and field
instructions provided to Federal officials
implementing the provisions of this section to
each State.''.
SEC. 206. REPEAL.
(a) In General.--Subtitle A of title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is repealed.
(b) References.--Any reference in any Federal law, Executive order,
rule, regulation, or delegation of authority, or any document of, or
pertaining to, the Department of Homeland Security, Department of
Justice, or the Social Security Administration, to the employment
eligibility confirmation system established under section 404 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8
U.S.C. 1324a note) is deemed to refer to the employment eligibility
confirmation system established under section 274A(d) of the
Immigration and Nationality Act, as amended by section 202 of this Act.
(c) Effective Date.--This section shall take effect on the date
that is 36 months after the date of the enactment of this Act.
SEC. 207. PENALTIES.
Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended--
(1) in subsection (e)(1)--
(A) by striking ``Attorney General'' each place
such term appears and inserting ``Secretary of Homeland
Security''; and
(B) in subparagraph (D), by striking ``Service''
and inserting ``Department of Homeland Security'';
(2) in subsection (e)(4)--
(A) in subparagraph (A), in the matter before
clause (i), by inserting ``, subject to paragraph
(10),'' after ``in an amount'';
(B) in subparagraph (A)(i), by striking ``not less
than $250 and not more than $2,000'' and inserting
``not less than $2,500 and not more than $5,000'';
(C) in subparagraph (A)(ii), by striking ``not less
than $2,000 and not more than $5,000'' and inserting
``not less than $5,000 and not more than $10,000'';
(D) in subparagraph (A)(iii), by striking ``not
less than $3,000 and not more than $10,000'' and
inserting ``not less than $10,000 and not more than
$25,000''; and
(E) by amending subparagraph (B) to read as
follows:
``(B) may require the person or entity to take such
other remedial action as is appropriate.'';
(3) in subsection (e)(5)--
(A) in the paragraph heading, by striking
``paperwork'';
(B) by inserting ``, subject to paragraphs (10)
through (12),'' after ``in an amount'';
(C) by striking ``$100'' and inserting ``$1,000'';
(D) by striking ``$1,000'' and inserting
``$25,000''; and
(E) by adding at the end the following: ``Failure
by a person or entity to utilize the employment
eligibility verification system as required by law, or
providing information to the system that the person or
entity knows or reasonably believes to be false, shall
be treated as a violation of subsection (a)(1)(A).'';
(4) by adding at the end of subsection (e) the following:
``(10) Exemption from penalty for good faith violation.--In
the case of imposition of a civil penalty under paragraph
(4)(A) with respect to a violation of subsection (a)(1)(A) or
(a)(2) for hiring or continuation of employment or recruitment
or referral by person or entity and in the case of imposition
of a civil penalty under paragraph (5) for a violation of
subsection (a)(1)(B) for hiring or recruitment or referral by a
person or entity, the penalty otherwise imposed may be waived
or reduced if the violator establishes that the violator acted
in good faith.
``(11) Authority to debar employers for certain
violations.--
``(A) In general.--If a person or entity is
determined by the Secretary of Homeland Security to be
a repeat violator of paragraph (1)(A) or (2) of
subsection (a), or is convicted of a crime under this
section, such person or entity may be considered for
debarment from the receipt of Federal contracts,
grants, or cooperative agreements in accordance with
the debarment standards and pursuant to the debarment
procedures set forth in the Federal Acquisition
Regulation.
``(B) Does not have contract, grant, agreement.--If
the Secretary of Homeland Security or the Attorney
General wishes to have a person or entity considered
for debarment in accordance with this paragraph, and
such a person or entity does not hold a Federal
contract, grant or cooperative agreement, the Secretary
or Attorney General shall refer the matter to the
Administrator of General Services to determine whether
to list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(C) Has contract, grant, agreement.--If the
Secretary of Homeland Security or the Attorney General
wishes to have a person or entity considered for
debarment in accordance with this paragraph, and such
person or entity holds a Federal contract, grant or
cooperative agreement, the Secretary or Attorney
General shall advise all agencies or departments
holding a contract, grant, or cooperative agreement
with the person or entity of the Government's interest
in having the person or entity considered for
debarment, and after soliciting and considering the
views of all such agencies and departments, the
Secretary or Attorney General may refer the matter to
any appropriate lead agency to determine whether to
list the person or entity on the List of Parties
Excluded from Federal Procurement, and if so, for what
duration and under what scope.
``(D) Review.--Any decision to debar a person or
entity in accordance with this paragraph shall be
reviewable pursuant to part 9.4 of the Federal
Acquisition Regulation.
``(12) Office for state and local government complaints.--
The Secretary of Homeland Security shall establish an office--
``(A) to which State and local government agencies
may submit information indicating potential violations
of subsection (a), (b), or (g)(1) that were generated
in the normal course of law enforcement or the normal
course of other official activities in the State or
locality;
``(B) that is required to indicate to the
complaining State or local agency within 5 business
days of the filing of such a complaint by identifying
whether the Secretary will further investigate the
information provided;
``(C) that is required to investigate those
complaints filed by State or local government agencies
that, on their face, have a substantial probability of
validity;
``(D) that is required to notify the complaining
State or local agency of the results of any such
investigation conducted; and
``(E) that is required to report to the Congress
annually the number of complaints received under this
paragraph, the States and localities that filed such
complaints, and the resolution of the complaints
investigated by the Secretary.''; and
(5) by amending paragraph (1) of subsection (f) to read as
follows:
``(1) Criminal penalty.--Any person or entity which engages
in a pattern or practice of violations of subsection (a) (1) or
(2) shall be fined not more than $15,000 for each unauthorized
alien with respect to which such a violation occurs, imprisoned
for not less than one year and not more than 10 years, or both,
notwithstanding the provisions of any other Federal law
relating to fine levels.''.
SEC. 208. 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 work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act),''; and
(2) in paragraph (2), by striking ``identification
document'' and inserting ``identification document or document
meant to establish work authorization (including the documents
described in section 274A(b) of the Immigration and Nationality
Act),''.
SEC. 209. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement.--Effective for fiscal years beginning
on or after October 1, 2015, the Commissioner of Social Security and
the Secretary of Homeland Security shall enter into and maintain an
agreement which shall--
(1) provide funds to the Commissioner for the full costs of
the responsibilities of the Commissioner under section 274A(d)
of the Immigration and Nationality Act (8 U.S.C. 1324a(d)), as
amended by section 202 of this Act, including (but not limited
to)--
(A) acquiring, installing, and maintaining
technological equipment and systems necessary for the
fulfillment of the responsibilities of the Commissioner
under such section 274A(d), but only that portion of
such costs that are attributable exclusively to such
responsibilities; and
(B) responding to individuals who contest a
tentative nonconfirmation provided by the employment
eligibility verification system established under such
section;
(2) provide such funds annually in advance of the
applicable quarter based on estimating methodology agreed to by
the Commissioner and the Secretary (except in such instances
where the delayed enactment of an annual appropriation may
preclude such quarterly payments); and
(3) require an annual accounting and reconciliation of the
actual costs incurred and the funds provided under the
agreement, which shall be reviewed by the Inspectors General of
the Social Security Administration and the Department of
Homeland Security.
(b) Continuation of Employment Verification in Absence of Timely
Agreement.--In any case in which the agreement required under
subsection (a) for any fiscal year beginning on or after October 1,
2015, has not been reached as of October 1 of such fiscal year, the
latest agreement between the Commissioner and the Secretary of Homeland
Security providing for funding to cover the costs of the
responsibilities of the Commissioner under section 274A(d) of the
Immigration and Nationality Act (8 U.S.C. 1324a(d)) shall be deemed in
effect on an interim basis for such fiscal year until such time as an
agreement required under subsection (a) is subsequently reached, except
that the terms of such interim agreement shall be modified by the
Director of the Office of Management and Budget to adjust for inflation
and any increase or decrease in the volume of requests under the
employment eligibility verification system. In any case in which an
interim agreement applies for any fiscal year under this subsection,
the Commissioner and the Secretary shall, not later than October 1 of
such fiscal year, notify the Committee on Ways and Means, the Committee
on the Judiciary, and the Committee on Appropriations of the House of
Representatives and the Committee on Finance, the Committee on the
Judiciary, and the Committee on Appropriations of the Senate of the
failure to reach the agreement required under subsection (a) for such
fiscal year. Until such time as the agreement required under subsection
(a) has been reached for such fiscal year, the Commissioner and the
Secretary shall, not later than the end of each 90-day period after
October 1 of such fiscal year, notify such Committees of the status of
negotiations between the Commissioner and the Secretary in order to
reach such an agreement.
SEC. 210. FRAUD PREVENTION.
(a) Blocking Misused Social Security Account Numbers.--The
Secretary of Homeland Security, in consultation with the Commissioner
of Social Security, shall establish a program in which social security
account numbers that have been identified to be subject to unusual
multiple use in the employment eligibility verification system
established under section 274A(d) of the Immigration and Nationality
Act (8 U.S.C. 1324a(d)), as amended by section 202 of this Act, or that
are otherwise suspected or determined to have been compromised by
identity fraud or other misuse, shall be blocked from use for such
system purposes unless the individual using such number is able to
establish, through secure and fair additional security procedures, that
the individual is the legitimate holder of the number.
(b) Allowing Suspension of Use of Certain Social Security Account
Numbers.--The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which victims of identity fraud
and other individuals may suspend or limit the use of their social
security account number or other identifying information for purposes
of the employment eligibility verification system established under
section 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by section 202 of this Act. The Secretary may
implement the program on a limited pilot program basis before making it
fully available to all individuals.
(c) Allowing Parents To Prevent Theft of Their Child's Identity.--
The Secretary of Homeland Security, in consultation with the
Commissioner of Social Security, shall establish a program which shall
provide a reliable, secure method by which parents or legal guardians
may suspend or limit the use of the social security account number or
other identifying information of a minor under their care for the
purposes of the employment eligibility verification system established
under 274A(d) of the Immigration and Nationality Act (8 U.S.C.
1324a(d)), as amended by section 202 of this Act. The Secretary may
implement the program on a limited pilot program basis before making it
fully available to all individuals.
SEC. 211. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION
PILOT PROGRAM.
Not later than 48 months after the date of the enactment of this
Act, the Secretary of Homeland Security, after consultation with the
Commissioner of Social Security and the Director of the National
Institute of Standards and Technology, shall establish by regulation an
Identity Authentication Employment Eligibility Verification pilot
program (the ``Authentication Pilot''). The purpose of the
Authentication Pilot shall be to provide for identity authentication
and employment eligibility verification with respect to enrolled new
employees which shall be available to subject employers who elect to
participate in the Authentication Pilot. Any subject employer may
cancel the employer's participation in the Authentication Pilot after
one year after electing to participate without prejudice to future
participation.
SEC. 212. INSPECTOR GENERAL AUDITS.
(a) In General.--Not later than 1 year after the date of the
enactment of this Act, the Inspector General of the Social Security
Administration shall complete audits of the following categories in
order to uncover evidence of individuals who are not authorized to work
in the United States:
(1) Workers who dispute wages reported on their social
security account number when they believe someone else has used
such number and name to report wages.
(2) Children's social security account numbers used for
work purposes.
(3) Employers whose workers present significant numbers of
mismatched social security account numbers or names for wage
reporting.
(b) Submission.--The Inspector General of the Social Security
Administration shall submit the audits completed under subsection (a)
to the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate for review of the evidence of
individuals who are not authorized to work in the United States. The
chairmen of those committees shall then determine information to be
shared with the Secretary of Homeland Security so that such Secretary
can investigate the unauthorized employment demonstrated by such
evidence.
TITLE III--TAX PROVISIONS
SEC. 301. DENIAL OF EARNED INCOME TAX CREDIT FOR ALIENS RECEIVING WORK
AUTHORIZATION PURSUANT TO CERTAIN DEFERRED ACTION
PROGRAMS.
(a) In General.--Section 32(m) of the Internal Revenue Code of 1986
is amended--
(1) by striking ``Solely for purposes of'' and inserting
the following:
``(1) In general.--Solely for purposes of'',
(2) by inserting ``and other than a social security number
issued to a deferred action beneficiary'' after ``Social
Security Act'', and
(3) by adding at the end the following new paragraph:
``(2) Deferred action beneficiary.--The term `deferred
action beneficiary' means any individual who has been granted
employment authorization pursuant to a program not specifically
authorized by law which provides aliens with deferred action on
removal. An individual shall cease to be treated as a deferred
action beneficiary if, and only if, such individual becomes a
United States citizen.''.
(b) Effective Date.--The amendments made by this section shall
apply to--
(1) any return of tax which is filed after the date of the
enactment of this Act, and
(2) any amendment or supplement (to any return of tax)
which is filed after such date (without regard to the date on
which the return of tax is filed).
SEC. 302. REQUIRING SOCIAL SECURITY NUMBER FOR CHILD TAX CREDIT AND
DENYING SUCH CREDIT FOR ALIENS RECEIVING WORK
AUTHORIZATION PURSUANT TO CERTAIN DEFERRED ACTION
PROGRAMS.
(a) In General.--Section 24(e) of the Internal Revenue Code of 1986
is amended--
(1) by inserting ``, and the taxpayer identification number
of the taxpayer,'' after ``of such qualifying child'', and
(2) by adding at the end the following: ``For purposes of
the preceding sentence, the term `taxpayer identification
number' shall have the meaning given such term under section
32(m).''.
(b) Effective Date.--The amendment made by this section shall apply
to taxable years beginning after December 31, 2015.
TITLE IV--SUSPENSION OF FOREIGN ASSISTANCE
SEC. 401. SUSPENSION OF FOREIGN ASSISTANCE.
(a) In General.--Upon enactment of this Act, the Secretary of State
shall immediately suspend all United States foreign assistance to the
countries of Mexico, Honduras, Guatemala, and El Salvador. Such
assistance may be reinstated only if Congress determines that Mexico,
Honduras, Guatemala, and El Salvador have taken sufficient action to
mitigate unlawful United States-Mexico border crossings by their
respective citizens.
(b) Use for Border Security.--Any unobligated balances available
for foreign assistance activities suspended under subsection (a) may be
used by the Secretary of Homeland Security for purposes of securing the
border.
(c) Report.--The Secretary of State shall annually submit to
Congress a report documenting the measures taken by Mexico, Honduras,
Guatemala, and El Salvador to mitigate unlawful entry into the United
States by its citizens.
(d) Exception.--Foreign assistance distributed under the
International Narcotic Control Law Enforcement program shall not be
considered under subsection (a).
TITLE V--NONIMMIGRANT LABORER NUMERICAL LIMITATIONS EXPANDED
SEC. 501. H-2B WORKERS.
Section 214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)) is amended--
(1) in paragraph (1)(B), by striking ``66,000'' and
inserting ``264,000''; and
(2) in paragraph (9)(A), to read as follows:
``(A)(i) Except as provided in clause (ii), and
subject to subparagraphs (B) and (C), an alien who has
already been counted toward the numerical limitation of
paragraph (1)(B) shall not again be counted toward such
limitation. Such an alien shall be considered a
returning worker.
``(ii) An alien who has already been counted toward
the numerical limitation of paragraph (1)(B) shall
again be counted toward such limitation if such alien
departs the United States for a period of time that is
greater than one year, and has not been counted toward
such limitation in any of the 3 years prior to such
departure.''.
SEC. 502. H-2A WORKERS.
Beginning on the date of enactment of this Act, the rule of the
Secretary of Labor entitled ``Temporary Agricultural Employment of H-2A
Aliens in the United States'', published in the Federal Register on
February 12, 2010 (75 Fed. Reg. 6883-6995), shall cease to have effect,
and the rule of the Secretary entitled ``Temporary Agricultural
Employment of H-2A Aliens in the United States; Modernizing the Labor
Certification Process and Enforcement'', published in the Federal
Register on December 18, 2008 (73 Fed. Reg. 77110-77262), shall be
deemed to resume effect and continue in effect thereafter.
TITLE VI--LIMITATIONS ON ISSUANCE OF VISAS
SEC. 601. SECURITY CERTIFICATION.
Chapter 2 of title II of the Immigration and Nationality Act (8
U.S.C. 1181 et seq.) is amended by adding at the end the following:
``SEC. 220. SECURITY CERTIFICATION.
``Notwithstanding any other provision of this Act, no visa may be
issued under this Act unless the Secretary of Homeland Security, in
coordination with the Secretary of State, submits to Congress a
certification that the issuance of such visa would not result in a
threat to the security of the United States.''.
SEC. 602. INSPECTOR GENERAL REVIEW.
Each year, the Inspector General of the Department of Homeland
Security shall--
(1) conduct a study of all admissions of aliens to the
United States during the preceding year, and shall determine if
any such admissions resulted in a threat to the security of the
United States; and
(2) submit to Congress a report detailing the results of
such study.
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