[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6417 Introduced in House (IH)]
<DOC>
115th CONGRESS
2d Session
H. R. 6417
To create a nonimmigrant H-2C work visa program for agricultural
workers, to make mandatory and permanent requirements relating to use
of an electronic employment eligibility verification system, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 18, 2018
Mr. Goodlatte (for himself, Mr. Peterson, Mr. Smith of Texas, Mr.
Cuellar, Mr. Newhouse, Mr. Conaway, Mr. Meadows, Mr. Walker, Mr.
Abraham, Mr. Aderholt, Mr. Barr, Mr. Buck, Mr. Calvert, Mr. Chabot, Mr.
Cole, Mr. Collins of New York, Mr. Comer, Mr. Cramer, Mr. Crawford, Mr.
Curtis, Mr. DesJarlais, Mr. Duffy, Mr. Dunn, Mr. Estes of Kansas, Mr.
Faso, Mr. Gallagher, Mr. Harris, Ms. Jenkins of Kansas, Mr. Jones, Mr.
Lucas, Mr. Marino, Mr. Marshall, Mr. Nunes, Mr. Reed, Mr. Ross, Mr.
Rouzer, Mr. Austin Scott of Georgia, Ms. Stefanik, Mr. Stivers, Ms.
Tenney, Mr. Thompson of Pennsylvania, Mr. Thornberry, Mr. Upton, Mr.
Yoho, Mr. Katko, Mr. Rodney Davis of Illinois, Mr. Higgins of
Louisiana, and Mr. Collins of Georgia) introduced the following bill;
which was referred to the Committee on the Judiciary, and in addition
to the Committees on Education and the Workforce, Ways and Means, and
Energy and Commerce, 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 create a nonimmigrant H-2C work visa program for agricultural
workers, to make mandatory and permanent requirements relating to use
of an electronic employment eligibility verification system, 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; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``AG and Legal
Workforce Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
TITLE I--AGRICULTURAL WORKER REFORM
SEC. 101. SHORT TITLE.
This title may be cited as--
(1) the ``Agricultural Guestworker Act''; or
(2) the ``AG Act''.
SEC. 102. H-2C TEMPORARY AGRICULTURAL WORK VISA PROGRAM.
(a) In General.--Section 101(a)(15)(H) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by striking ``; or
(iii)'' and inserting ``, or (c) who is coming temporarily to the
United States to perform agricultural labor or services; or (iii)''.
(b) Definition.--Section 101(a) of such Act (8 U.S.C. 1101(a)) is
amended by adding at the end the following:
``(53) The term `agricultural labor or services' has the meaning
given such term by the Secretary of Agriculture in regulations and
includes--
``(A) agricultural labor as defined in section 3121(g) of
the Internal Revenue Code of 1986;
``(B) agriculture as defined in section 3(f) of the Fair
Labor Standards Act of 1938 (29 U.S.C. 203(f));
``(C) 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;
``(D) all activities required for the preparation,
processing or manufacturing of a product of agriculture (as
such term is defined in such section 3(f)), or fish or
shellfish, for further distribution;
``(E) forestry-related activities;
``(F) aquaculture activities; and
``(G) activities related to the management and training of
equines,
except that in regard to labor or services consisting of meat or
poultry processing, the term `agricultural labor or services' only
includes the killing of animals and the breakdown of their
carcasses.''.
SEC. 103. ADMISSION OF TEMPORARY H-2C WORKERS.
(a) Procedure for Admission.--Chapter 2 of title II of the
Immigration and Nationality Act (8 U.S.C. 1181 et seq.) is amended by
inserting after section 218 the following:
``SEC. 218A. ADMISSION OF TEMPORARY H-2C WORKERS.
``(a) Definitions.--In this section and section 218B:
``(1) Displace.--The term `displace' means to lay off a
United States worker from the job for which H-2C workers are
sought.
``(2) Job.--The term `job' refers to all positions with an
employer that--
``(A) involve essentially the same
responsibilities;
``(B) are held by workers with substantially
equivalent qualifications and experience; and
``(C) are located in the same place or places of
employment.
``(3) Employer.--The term `employer' includes a single or
joint employer, including an association acting as a joint
employer with its members, who hires workers to perform
agricultural labor or services.
``(4) Forestry-related activities.--The term `forestry-
related activities' includes tree planting, timber harvesting,
logging operations, brush clearing, vegetation management,
herbicide application, the maintenance of rights-of-way
(including for roads, trails, and utilities), regardless of
whether such right-of-way is on forest land, and the harvesting
of pine straw.
``(5) H-2C worker.--The term `H-2C worker' means a
nonimmigrant described in section 101(a)(15)(H)(ii)(c).
``(6) Lay off.--
``(A) In general.--The term `lay off'--
``(i) means to cause a worker's loss of
employment, other than through a discharge for
inadequate performance, violation of workplace
rules, cause, voluntary departure, voluntary
retirement, or the expiration of a grant or
contract (other than a temporary employment
contract entered into in order to evade a
condition described in paragraph (4) of
subsection (b)); and
``(ii) does not include any situation in
which the worker is offered, as an alternative
to such loss of employment, a similar position
with the same employer at equivalent or higher
wages and benefits than the position from which
the employee was discharged, regardless of
whether or not the employee accepts the offer.
``(B) Construction.--Nothing in this paragraph is
intended to limit an employee's rights under a
collective bargaining agreement or other employment
contract.
``(7) United states worker.--The term `United States
worker' means any worker who is--
``(A) a citizen or national of the United States;
or
``(B) an alien who is lawfully admitted for
permanent residence, is admitted as a refugee under
section 207, or is granted asylum under section 208.
``(8) Special procedures industry.--The term `special
procedures industry' includes sheepherding, goat herding, and
the range production of livestock, itinerant commercial
beekeeping and pollination, itinerant animal shearing, and
custom combining and harvesting.
``(b) Petition.--An employer that seeks to employ aliens as H-2C
workers under this section shall file with the Secretary of Homeland
Security a petition attesting to the following:
``(1) Offer of employment.--The employer will offer
employment to the aliens on a contractual basis as H-2C workers
under this section for a specific period of time during which
the aliens may not work on an at-will basis (as provided for in
section 218B), and such contract shall only be required to
include a description of each place of employment, period of
employment, wages and other benefits to be provided, and the
duties of the positions.
``(2) Temporary labor or services.--
``(A) In general.--The employer is seeking to
employ a specific number of H-2C workers on a temporary
basis and will provide compensation to such workers at
a wage rate no less than that set forth in subsection
(j)(2).
``(B) Definition.--For purposes of this paragraph,
a worker is employed on a temporary basis if the
employer intends to employ the worker for no longer
than the time period set forth in subsection (m)(1)
(subject to the exceptions in subsection (m)(3)).
``(3) Benefits, wages, and working conditions.--The
employer will provide, at a minimum, the benefits, wages, and
working conditions required by subsection (k) to all workers
employed in the job for which the H-2C workers are sought.
``(4) Nondisplacement of united states workers.--The
employer did not displace and will not displace United States
workers employed by the employer during the period of
employment of the H-2C workers and during the 30-day period
immediately preceding such period of employment in the job for
which the employer seeks approval to employ H-2C workers.
``(5) Recruitment.--
``(A) In general.--The employer--
``(i) conducted adequate recruitment before
filing the petition; and
``(ii) was unsuccessful in locating
sufficient numbers of willing and qualified
United States workers for the job for which the
H-2C workers are sought.
``(B) Other requirements.--The recruitment
requirement under subparagraph (A) is satisfied if the
employer places a local job order with the State
workforce agency serving each place of employment,
except that nothing in this subparagraph shall require
the employer to file an interstate job order under
section 653 of title 20, Code of Federal Regulations.
The State workforce agency shall post the job order on
its official agency website for a minimum of 30 days
and not later than 3 days after receipt using the
employment statistics system authorized under section
15 of the Wagner-Peyser Act (29 U.S.C. 49l-2). The
Secretary of Labor shall include links to the official
Web sites of all State workforce agencies on a single
webpage of the official Web site of the Department of
Labor.
``(C) End of recruitment requirement.--The
requirement to recruit United States workers for a job
shall terminate on the first day that work begins for
the H-2C workers.
``(6) Offers to united states workers.--The employer has
offered or will offer the job for which the H-2C workers are
sought to any eligible United States workers who--
``(A) apply;
``(B) are qualified for the job; and
``(C) will be available at the time, at each place,
and for the duration, of need.
This requirement shall not apply to United States workers who
apply for the job on or after the first day that work begins
for the H-2C workers.
``(7) Provision of insurance.--If the job for which the H-
2C workers are sought is not covered by State workers'
compensation law, the employer will provide, at no cost to the
workers unless State law provides otherwise, insurance covering
injury and disease arising out of, and in the course of, the
workers' employment, which will provide benefits at least equal
to those provided under the State workers compensation law for
comparable employment.
``(8) Strike or lockout.--The job that is the subject of
the petition is not vacant because the former workers in that
job are on strike or locked out in the course of a labor
dispute.
``(c) List.--
``(1) In general.--The Secretary of Homeland Security shall
maintain a list of the petitions filed under this subsection,
which shall--
``(A) be sorted by employer; and
``(B) include the number of H-2C workers sought,
the wage rate, the period of employment, each place of
employment, and the date of need for each alien.
``(2) Availability.--The Secretary of Homeland Security
shall make the list available for public examination.
``(d) Petitioning for Admission.--
``(1) Consideration of petitions.--For petitions filed and
considered under this subsection--
``(A) the Secretary of Homeland Security may not
require such petition to be filed more than 28 days
before the first date the employer requires the labor
or services of H-2C workers;
``(B) within the appropriate time period under
subparagraph (C) or (D), the Secretary of Homeland
Security shall--
``(i) approve the petition;
``(ii) reject the petition; or
``(iii) determine that the petition is
incomplete or obviously inaccurate or that the
employer has not complied with the requirements
of subsection (b)(5)(A)(i) (which the Secretary
can ascertain by verifying whether the employer
has placed a local job order as provided for in
subsection (b)(5)(B));
``(C) if the Secretary determines that the petition
is incomplete or obviously inaccurate, or that the
employer has not complied with the requirements of
subsection (b)(5)(A)(i) (which the Secretary can
ascertain by verifying whether the employer has placed
a local job order as provided for in subsection
(b)(5)(B)), the Secretary shall--
``(i) within 5 business days of receipt of
the petition, notify the petitioner of the
deficiencies to be corrected by means ensuring
same or next day delivery; and
``(ii) within 5 business days of receipt of
the corrected petition, approve or reject the
petition and provide the petitioner with notice
of such action by means ensuring same or next
day delivery; and
``(D) if the Secretary does not determine that the
petition is incomplete or obviously inaccurate, the
Secretary shall not later than 10 business days after
the date on which such petition was filed, either
approve or reject the petition and provide the
petitioner with notice of such action by means ensuring
same or next day delivery.
``(2) Access.--By filing an H-2C petition, the petitioner
and each employer (if the petitioner is an association that is
a joint employer of workers who perform agricultural labor or
services) consent to allow access to each place of employment
to the Department of Agriculture and the Department of Homeland
Security for the purpose of investigations and audits to
determine compliance with the immigration laws (as defined in
section 101(a)(17)).
``(3) Confidentiality of information.--No information
contained in a non-fraudulent petition filed by an employer
pursuant to subsection (b) which is not otherwise available to
the Secretary of Homeland Security may be used--
``(A) in a civil or criminal prosecution or
investigation of the petitioning employer under section
274A or the Internal Revenue Code of 1986 for unlawful
employment of an alien who is the beneficiary of such
petition; or
``(B) for the purpose of initiating or proceeding
with removal proceedings with respect to an alien who
is the beneficiary of such petition, except in the case
of an alien with respect to whom a petition is denied.
``(e) Roles of Agricultural Associations.--
``(1) Treatment of associations acting as employers.--If an
association is a joint employer of workers who perform
agricultural labor or services, H-2C workers may be transferred
among its members to perform the agricultural labor or services
on a temporary basis for which the petition was approved.
``(2) Treatment of violations.--
``(A) Individual member.--If an individual member
of an association that is a joint employer commits a
violation described in paragraph (2) or (3) of
subsection (h) or subsection (i)(1), the Secretary of
Agriculture shall invoke penalties pursuant to
subsections (h) and (i) against only that member of the
association unless the Secretary of Agriculture
determines that the association participated in, had
knowledge of, or had reason to know of the violation.
``(B) Association of agricultural employers.--If an
association that is a joint employer commits a
violation described in subsections (h)(2) and (3) or
(i)(1), the Secretary of Agriculture shall invoke
penalties pursuant to subsections (h) and (i) against
only the association and not any individual members of
the association, unless the Secretary determines that
the member participated in the violation.
``(f) Expedited Administrative Appeals.--The Secretary of Homeland
Security shall promulgate regulations to provide for an expedited
procedure for the review of a denial of a petition under this section
by the Secretary. At the petitioner's request, the review shall include
a de novo administrative hearing at which new evidence may be
introduced.
``(g) Fees.--The Secretary of Homeland Security shall require, as a
condition of approving the petition, the payment of a fee to recover
the reasonable cost of processing the petition.
``(h) Enforcement.--
``(1) Investigations and audits.--The Secretary of
Agriculture shall be responsible for conducting investigations
and audits, including random audits, of employers to ensure
compliance with the requirements of the H-2C program. All
monetary fines levied against employers shall be paid to the
Department of Agriculture and used to enhance the Department of
Agriculture's investigative and auditing abilities to ensure
compliance by employers with their obligations under this
section.
``(2) Violations.--If the Secretary of Agriculture finds,
after notice and opportunity for a hearing, a failure to
fulfill an attestation required by this subsection, or a
material misrepresentation of a material fact in a petition
under this subsection, the Secretary--
``(A) may impose such administrative remedies
(including civil money penalties in an amount not to
exceed $1,000 per violation) as the Secretary
determines to be appropriate; and
``(B) may disqualify the employer from the
employment of H-2C workers for a period of 1 year.
``(3) Willful violations.--If the Secretary of Agriculture
finds, after notice and opportunity for a hearing, a willful
failure to fulfill an attestation required by this subsection,
or a willful misrepresentation of a material fact in a petition
under this subsection, the Secretary--
``(A) may impose such administrative remedies
(including civil money penalties in an amount not to
exceed $5,000 per violation, or not to exceed $15,000
per violation if in the course of such failure or
misrepresentation the employer displaced one or more
United States workers employed by the employer during
the period of employment of H-2C workers or during the
30-day period immediately preceding such period of
employment) in the job the H-2C workers are performing
as the Secretary determines to be appropriate;
``(B) may disqualify the employer from the
employment of H-2C workers for a period of 2 years;
``(C) may, for a subsequent failure to fulfill an
attestation required by this subsection, or a
misrepresentation of a material fact in a petition
under this subsection, disqualify the employer from the
employment of H-2C workers for a period of 5 years; and
``(D) may, for a subsequent willful failure to
fulfill an attestation required by this subsection, or
a willful misrepresentation of a material fact in a
petition under this subsection, permanently disqualify
the employer from the employment of H-2C workers.
``(i) Failure To Pay Wages or Required Benefits.--
``(1) In general.--If the Secretary of Agriculture finds,
after notice and opportunity for a hearing, that the employer
has failed to provide the benefits, wages, and working
conditions that the employer has attested that it would provide
under this subsection, the Secretary shall require payment of
back wages, or such other required benefits, due any United
States workers or H-2C workers employed by the employer.
``(2) Amount.--The back wages or other required benefits
described in paragraph (1)--
``(A) shall be equal to the difference between the
amount that should have been paid and the amount that
was paid to such workers; and
``(B) shall be distributed to the workers to whom
such wages or benefits are due.
``(j) Minimum Wages, Benefits, and Working Conditions.--
``(1) Preferential treatment of h-2c workers prohibited.--
``(A) In general.--Each employer seeking to hire
United States workers for the job the H-2C workers will
perform shall offer such United States workers not less
than the same benefits, wages, and working conditions
that the employer will provide to the H-2C workers,
except that if an employer chooses to provide H-2C
workers with housing or a housing allowance, the
employer need not offer housing or a housing allowance
to such United States workers. No job offer may impose
on United States workers any restrictions or
obligations which will not be imposed on H-2C workers.
``(B) Interpretation.--Every interpretation and
determination made under this section or under any
other law, regulation, or interpretative provision
regarding the nature, scope, and timing of the
provision of these and any other benefits, wages, and
other terms and conditions of employment shall be made
so that--
``(i) the services of workers to their
employers and the employment opportunities
afforded to workers by the employers, including
those employment opportunities that require
United States workers or H-2C workers to travel
or relocate in order to accept or perform
employment--
``(I) mutually benefit such
workers, as well as their families, and
employers; and
``(II) principally benefit neither
employer nor employee; and
``(ii) employment opportunities within the
United States benefit the United States
economy.
``(2) Required wages.--
``(A) In general.--Each employer petitioning for H-
2C workers under this subsection (other than in the
case of workers who will perform agricultural labor or
services consisting of meat or poultry processing) will
offer the H-2C workers, during the period of authorized
employment as H-2C workers, wages that are at least the
greatest of--
``(i) the applicable State or local minimum
wage;
``(ii) 115 percent of the Federal minimum
wage; or
``(iii) the actual wage level paid by the
employer to all other individuals in the job.
``(B) Special rules.--
``(i) Alternate wage payment systems.--An
employer can utilize a piece rate or other
alternative wage payment system so long as the
employer guarantees each worker a wage rate
that equals or exceeds the amount required
under subparagraph (A) for the total hours
worked in each pay period. Compensation from a
piece rate or other alternative wage payment
system shall include time spent during rest
breaks, moving from job to job, clean up, or
any other nonproductive time, provided that
such time does not exceed 20 percent of the
total hours in the work day.
``(ii) Meat or poultry processing.--Each
employer petitioning for H-2C workers under
this subsection who will perform agricultural
labor or services consisting of meat or poultry
processing will offer the H-2C workers, during
the period of authorized employment as H-2C
workers, wages that are at least the greatest
of--
``(I) the applicable State or local
minimum wage;
``(II) 150 percent of the Federal
minimum wage;
``(III) the prevailing wage level
for the occupational classification in
the area of employment; or
``(IV) the actual wage level paid
by the employer to all other
individuals in the job.
``(3) Employment guarantee.--
``(A) In general.--
``(i) Requirement.--Each employer
petitioning for workers under this subsection
shall guarantee to offer the H-2C workers and
United States workers performing the same job
employment for the hourly equivalent of not
less than 50 percent of the work hours set
forth in the work contract.
``(ii) Failure to meet guarantee.--If an
employer affords the United States workers or
the H-2C workers less employment than that
required under this subparagraph, the employer
shall pay such workers the amount which the
workers would have earned if the workers had
worked for the guaranteed number of hours.
``(B) Calculation of hours.--Any hours which
workers fail to work, up to a maximum of the number of
hours specified in the work contract for a work day,
when the workers have been offered an opportunity to do
so, and all hours of work actually performed (including
voluntary work in excess of the number of hours
specified in the work contract in a work day) may be
counted by the employer in calculating whether the
period of guaranteed employment has been met.
``(C) Limitation.--If the workers abandon
employment before the end of the work contract period,
or are terminated for cause, the workers are not
entitled to the 50 percent guarantee described in
subparagraph (A).
``(D) Termination of employment.--
``(i) In general.--If, before the
expiration of the period of employment
specified in the work contract, the services of
the workers are no longer required due to any
form of natural disaster, including flood,
hurricane, freeze, earthquake, fire, drought,
plant or animal disease, pest infestation,
regulatory action, or any other reason beyond
the control of the employer before the
employment guarantee in subparagraph (A) is
fulfilled, the employer may terminate the
workers' employment.
``(ii) Requirements.--If a worker's
employment is terminated under clause (i), the
employer shall--
``(I) fulfill the employment
guarantee in subparagraph (A) for the
work days that have elapsed during the
period beginning on the first work day
and ending on the date on which such
employment is terminated;
``(II) make efforts to transfer the
worker to other comparable employment
acceptable to the worker; and
``(III) not later than 72 hours
after termination, notify the Secretary
of Agriculture of such termination and
stating the nature of the contract
impossibility.
``(k) Nondelegation.--The Department of Agriculture and the
Department of Homeland Security shall not delegate their investigatory,
enforcement, or administrative functions relating to this section or
section 218B to other agencies or departments of the Federal
Government.
``(l) Compliance With Bio-Security Protocols.--Except in the case
of an imminent threat to health or safety, any personnel from a Federal
agency or Federal grantee seeking to determine the compliance of an
employer with the requirements of this section or section 218B shall,
when visiting such employer's place of employment, make their presence
known to the employer and sign-in in accordance with reasonable bio-
security protocols before proceeding to any other area of the place of
employment.
``(m) Limitation on H-2C Workers' Stay in Status.--
``(1) Maximum period.--The maximum continuous period of
authorized stay as an H-2C worker (including any extensions) is
36 months.
``(2) Requirement to remain outside the united states.--In
the case of H-2C workers whose maximum continuous period of
authorized status as H-2C workers (including any extensions)
have expired, the aliens may not again be eligible to be H-2C
workers until they remain outside the United States for a
continuous period equal to at least the lesser of \1/12\ of the
duration of their previous period of authorized status an H-2C
workers or 60 days.
``(3) Exceptions.--
``(A) The Secretary of Homeland Security shall
deduct absences from the United States that take place
during an H-2C worker's period of authorized status
from the period that the alien is required to remain
outside the United States under paragraph (2), if the
alien or the alien's employer requests such a
deduction, and provides clear and convincing proof that
the alien qualifies for such a deduction. Such proof
shall consist of evidence such as arrival and departure
records, copies of tax returns, and records of
employment abroad.
``(B) There is no maximum continuous period of
authorized status as set forth in paragraph (1) or a
requirement to remain outside the United States as set
forth in paragraph (2) for H-2C workers employed as a
sheepherder, goatherder, in the range production of
livestock, or who return to the workers' permanent
residence outside the United States each day.
``(n) Period of Admission.--
``(1) In general.--In addition to the maximum continuous
period of authorized status, workers' authorized period of
admission shall include--
``(A) a period of not more than 7 days prior to the
beginning of authorized employment as H-2C workers for
the purpose of travel to the place of employment; and
``(B) a period of not more than 14 days after the
conclusion of their authorized employment for the
purpose of departure from the United States or a period
of not more than 30 days following the employment for
the purpose of seeking a subsequent offer of employment
by an employer pursuant to a petition under this
section (or pursuant to at-will employment under
section 218B during such times as that section is in
effect) if they have not reached their maximum
continuous period of authorized employment under
subsection (m) (subject to the exceptions in subsection
(m)(3)) unless they accept subsequent offers of
employment as H-2C workers or are otherwise lawfully
present.
``(2) Failure to depart.--H-2C workers who do not depart
the United States within the periods referred to in paragraph
(1) or, as applicable, paragraph (3), will be considered to
have failed to maintain nonimmigrant status as H-2C workers and
shall be subject to removal under section 237(a)(1)(C)(i). Such
aliens shall be considered to be inadmissible pursuant to
section 212(a)(9)(B)(i) for having been unlawfully present,
with the aliens considered to have been unlawfully present for
181 days as of the 15th day following their period of
employment for the purpose of departure or as of the 31st day
following their period of employment for the purpose of seeking
subsequent offers of employment.
``(3) Application for maximum period.--Notwithstanding the
duration of the work requested by the employer petitioning for
the admission of an H-2C worker, if the alien is granted a
visa, at the request of the alien, the term of the visa shall
be for the maximum period described in subsection (m)(1),
except that if such an alien is unable to secure subsequent
employment 30 days after the conclusion of their authorized
employment, the alien shall be required to depart the United
States as described in paragraph (1)(B).
``(o) Abandonment of Employment.--
``(1) Report by employer.--Not later than 72 hours after an
employer learns of the abandonment of employment by H-2C
workers before the conclusion of their work contracts, the
employer shall notify the Secretary of Agriculture and the
Secretary of Homeland Security of such abandonment.
``(2) Replacement of aliens.--An employer may designate
eligible aliens to replace H-2C workers who abandon employment
notwithstanding the numerical limitation found in section
214(g)(1)(C).
``(p) Change to H-2C Status.--
``(1) Waiver.--In the case of an alien described in
paragraph (2), the Secretary of Homeland Security shall waive
the grounds of inadmissibility under paragraphs (5)(A), (6)(A),
(6)(C), (7), (9)(B), and (9)(C) of section 212(a), and the
grounds of deportability under paragraphs (1)(A) (with respect
to the grounds of inadmissibility waived under this paragraph),
(1)(B), (1)(C), (3)(A), and (3)(C) of section 237(a), with
respect to conduct that occurred prior to the alien first
receiving status as an H-2C worker, solely in order to provide
the alien with such status.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) was unlawfully present in the United States
on July 11, 2018; and
``(B) performed agricultural labor or services in
the United States for at least 5.75 hours during each
of at least 180 days during the 2-year period ending on
July 11, 2018.
``(3) Special approval procedures.--Before an alien
described in paragraph (2) can be provided with nonimmigrant
status under section 101(a)(15)(H)(ii)(C), the alien must
depart the United States for a period during the interval
between the date of issuance of final rules carrying out the AG
Act and the date that is 12 months after such issuance. If such
an alien is the beneficiary of an approved H-2C petition, for
the purpose of meeting such requirement to depart the United
States before being provided with nonimmigrant status under
section 101(a)(15)(H)(ii)(C), the Secretary shall authorize
parole for the alien to travel to the United States without a
visa and shall issue an appropriate document authorizing such
travel. Prior to authorizing parole for the alien, the
Secretary shall conduct an in person interview, as appropriate,
and a background check to determine that the alien is not
inadmissible to the United States under section 212(a) or
deportable under section 237(a), except with regard to the
grounds of inadmissibility and grounds of deportability waived
under paragraph (1).
``(q) Trust Fund To Assure Worker Return.--
``(1) Establishment.--There is established in the Treasury
of the United States a trust fund (in this section referred to
as the `Trust Fund') for the purpose of providing a monetary
incentive for H-2C workers to return to their country of origin
upon expiration of their visas.
``(2) Withholding of wages; payment into the trust fund.--
``(A) In general.--Notwithstanding the Fair Labor
Standards Act of 1938 (29 U.S.C. 201 et seq.) and State
and local wage laws, all employers of H-2C workers
shall withhold from the wages of all H-2C workers other
than those employed as sheepherders, goatherders, in
the range production of livestock, or who return to the
their permanent residence outside the United States
each day, an amount equivalent to 10 percent of the
gross wages of each worker in each pay period and, on
behalf of each worker, transfer such withheld amount to
the Trust Fund.
``(B) Jobs that are not of a temporary or seasonal
nature.--Employers of H-2C workers employed in jobs
that are not of a temporary or seasonal nature, other
than those employed as a sheepherder, goatherder, or in
the range production of livestock, shall also pay into
the Trust Fund an amount equivalent to the Federal tax
on the wages paid to H-2C workers that the employer
would be obligated to pay under chapters 21 and 23 of
the Internal Revenue Code of 1986 had the H-2C workers
been subject to such chapters.
``(3) Distribution of funds.--
``(A) In general.--Except as provided in
subparagraph (B), amounts paid into the Trust Fund on
behalf of an H-2C worker, and held pursuant to
paragraph (2)(A) and interest earned thereon, shall be
transferred from the Trust Fund to the Secretary of
Homeland Security, who shall distribute them to the
worker if the worker--
``(i) applies to the Secretary of Homeland
Security (or the designee of the Secretary) for
payment within 120 days of the expiration of
the alien's last authorized stay in the United
States as an H-2C worker, for which they seek
amounts from the Trust Fund;
``(ii) establishes to the satisfaction of
the Secretary of Homeland Security that they
have complied with the terms and conditions of
the H-2C program;
``(iii) once approved by the Secretary of
Homeland Security for payment, physically
appears at a United States embassy or consulate
in the worker's home country; and
``(iv) establishes their identity to the
satisfaction of the Secretary of Homeland
Security.
``(B) Exception.--The Secretary of Homeland
Security shall not distribute any funds described in
subparagraph (A) to a worker for any period of
employment as an H-2C worker during which the worker
failed to obtain and maintain health insurance required
under section 107(b) of the AG and Legal Workforce Act.
``(4) Administrative expenses.--The amounts paid into the
Trust Fund and held pursuant to paragraph (2)(B), and interest
earned thereon, shall be distributed annually to the Secretary
of Agriculture and the Secretary of Homeland Security in
amounts proportionate to the expenses incurred by such
officials in the administration and enforcement of the terms of
the H-2C program.
``(5) Law enforcement.--Notwithstanding any other provision
of law, amounts paid into the Trust Fund under paragraph (2),
and interest earned thereon, that are not needed to carry out
paragraphs (3) and (4) shall, to the extent provided in advance
in appropriations Acts, be made available to the Secretary of
Homeland Security.
``(6) Investment of trust fund.--
``(A) In general.--It shall be the duty of the
Secretary of the Treasury to invest such portion of the
Trust Fund as is not, in the Secretary's judgment,
required to meet current withdrawals. Such investments
may be made only in interest-bearing obligations of the
United States or in obligations guaranteed as to both
principal and interest by the United States.
``(B) Credits to trust fund.--The interest on, and
the proceeds from the sale or redemption of, any
obligations held in the Trust Fund shall be credited to
and form a part of the Trust Fund.
``(C) Report to congress.--It shall be the duty of
the Secretary of the Treasury to hold the Trust Fund,
and (after consultation with the Secretary of Homeland
Security) to report to the Congress each year on the
financial condition and the results of the operations
of the Trust Fund during the preceding fiscal year and
on its expected condition and operations during the
next fiscal year. Such report shall be printed as both
a House and a Senate document of the session of the
Congress in which the report is made.
``(r) Procedures for Special Procedures Industries.--
``(1) Work locations.--The Secretary of Homeland Security
shall permit an employer in a special procedures industry or
that engages in a forestry-related activity that does not
operate at a single fixed place of employment to provide, as
part of its petition, a list of places of employment, which--
``(A) may include an itinerary; and
``(B) may be subsequently amended at any time by
the employer, after notice to the Secretary.
``(2) Wages.--Notwithstanding subsection (j)(2), the
Secretary of Agriculture may establish monthly, weekly, or
biweekly wage rates for occupations in a Special Procedures
Industry for a State or other geographic area. For an employer
in a Special Procedures Industry that typically pays a monthly
wage, the Secretary shall require that H-2C workers be paid not
less frequently than monthly and at a rate no less than the
legally required monthly cash wage in an amount as re-
determined annually by the Secretary.
``(3) Allergy limitation.--An employer engaged in the
commercial beekeeping or pollination services industry may
require that job applicants be free from bee-related allergies,
including allergies to pollen and bee venom.
``(s) Flexibility With Respect to Start Dates.--Upon approval of a
petition with regard to jobs that are of a temporary or seasonal
nature, the employer may begin the employment of petitioned-for H-2C
workers up to ten months after the first date the employer requires the
labor or services of H-2C workers.
``(t) Adjustment of Status.--In applying section 245 to an alien
who is an H-2C worker who was the beneficiary of a waiver under
subsection (p)(1)--
``(1) such alien shall be deemed to have been inspected and
admitted into the United States; and
``(2) in determining the alien's admissibility as an
immigrant, paragraphs (5)(A), (6)(A), (6)(C), (7), (9)(B), and
(9)(C)(i)(I) of section 212(a) shall not apply with respect to
conduct that occurred prior to the alien first receiving status
as an H-2C worker.''.
(b) At-Will Employment.--Chapter 2 of title II of the Immigration
and Nationality Act (8 U.S.C. 1181 et seq.) is amended by inserting
after section 218A (as inserted by subsection (a) of this section) the
following:
``SEC. 218B. AT-WILL EMPLOYMENT OF TEMPORARY H-2C WORKERS.
``(a) In General.--An employer that is designated as a `registered
agricultural employer' pursuant to subsection (c) may employ aliens as
H-2C workers. However, an H-2C worker may only perform labor or
services pursuant to this section if the worker is already lawfully
present in the United States as an H-2C worker, having been admitted or
otherwise provided nonimmigrant status pursuant to section 218A, and
has completed the period of employment specified in the job offer the
worker accepted pursuant to section 218A or the employer has terminated
the worker's employment pursuant to section 218A(j)(3)(D)(i). An H-2C
worker who abandons the employment which was the basis for admission or
status pursuant to section 218A may not perform labor or services
pursuant to this section until the worker has returned to their home
country, been readmitted as an H-2C worker pursuant to section 218A and
has completed the period of employment specified in the job offer the
worker accepted pursuant to section 218A or the employer has terminated
the worker's employment pursuant to section 218A(j)(3)(D)(i).
``(b) Period of Stay.--H-2C workers performing at-will labor or
services for a registered agricultural employer are subject to the
period of admission, limitation of stay in status, and requirement to
remain outside the United States contained in subsections (m) and (n)
of section 218A.
``(c) Registered Agricultural Employers.--The Secretary of
Agriculture shall establish a process to accept and adjudicate
applications by employers to be designated as registered agricultural
employers. The Secretary shall require, as a condition of approving the
application, the payment of a fee to recover the reasonable cost of
processing the application. The Secretary shall designate an employer
as a registered agricultural employer if the Secretary determines that
the employer--
``(1) employs (or plans to employ) individuals who perform
agricultural labor or services;
``(2) has not been subject to debarment from receiving
temporary agricultural labor certifications pursuant to section
101(a)(15)(H)(ii)(a) within the last three years;
``(3) has not been subject to disqualification from the
employment of H-2C workers within the last five years;
``(4) agrees to, if employing H-2C workers pursuant to this
section, fulfill the attestations contained in section 218A(b)
as if it had submitted a petition making those attestations
(excluding subsection (j)(3) of such section) and not to employ
H-2C workers who have reached their maximum continuous period
of authorized status under section 218A(m) (subject to the
exceptions contained in section 218A(m)(3)) or if the workers
have complied with the terms of section 218A(m)(2); and
``(5) agrees to notify the Secretary of Agriculture and the
Secretary of Homeland Security each time it employs H-2C
workers pursuant to this section within 72 hours of the
commencement of employment and within 72 hours of the cessation
of employment.
``(d) Length of Designation.--An employer's designation as a
registered agricultural employer shall be valid for 3 years, and the
Secretary may extend such designation for additional 3-year terms upon
the reapplication of the employer. The Secretary shall revoke a
designation before the expiration of its 3-year term if the employer is
subject to disqualification from the employment of H-2C workers
subsequent to being designated as a registered agricultural employer.
``(e) Enforcement.--The Secretary of Agriculture shall be
responsible for conducting investigations and audits, including random
audits, of employers to ensure compliance with the requirements of this
section. All monetary fines levied against employers shall be paid to
the Department of Agriculture and used to enhance the Department of
Agriculture's investigatory and audit abilities to ensure compliance by
employers with their obligations under this section and section 218A.
The Secretary of Agriculture's enforcement powers and an employer's
liability described in subsections (h) through (i) of section 218A are
applicable to employers employing H-2C workers pursuant to this
section.''.
(c) Prohibition on Family Members.--Section 101(a)(15)(H) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)) is amended by
striking ``him;'' at the end and inserting ``him, except that no spouse
or child may be admitted under clause (ii)(c);''.
(d) Numerical Cap.--Section 214(g)(1) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)(1)) is amended--
(1) in subparagraph (A), by striking ``or'' at the end;
(2) in subparagraph (B), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(C) under section 101(a)(15)(H)(ii)(c)--
``(i) may not exceed 40,000 for aliens issued visas
or otherwise provided nonimmigrant status under such
section for the purpose of performing agricultural
labor or services consisting or meat or poultry
processing;
``(ii) except as otherwise provided under this
subparagraph, may not exceed 410,000 for aliens issued
visas or otherwise provided nonimmigrant status under
such section for the purpose of performing agricultural
labor or services other than agricultural labor or
services consisting of meat or poultry processing;
``(iii) if the base allocation under clause (ii) is
exhausted during any fiscal year the base allocation
for that and subsequent fiscal years shall be increased
by the lesser of 10 percent (as a percentage of the
base allocation for that fiscal year) or a percentage
representing the number of petitioned-for aliens (as a
percentage of the base allocation for that fiscal year)
who would be eligible to be issued visas or otherwise
provided nonimmigrant status described in that clause
during that fiscal year but for the base allocation
being exhausted, and if the increased base allocation
is itself exhausted during a subsequent fiscal year,
the base allocation for that and subsequent fiscal
years shall be further increased by the lesser of 10
percent (as a percentage of the increased base
allocation for that fiscal year) or a percentage
representing the number of petitioned-for aliens (as a
percentage of the increased base allocation for that
fiscal year) who would be eligible to be issued visas
or otherwise provided nonimmigrant status described in
that clause during that fiscal year but for the
increased base allocation being exhausted (subject to
clause (iv));
``(iv) if the base allocation under clause (ii) is
not exhausted during any fiscal year, the base
allocation under such clause for subsequent fiscal
years shall be decreased by the greater of 5 percent
(as a percentage of the base allocation for that fiscal
year) or a percentage representing the unutilized
portion of the base allocation (as a percentage of the
base allocation for that fiscal year) during that
fiscal year, and if in a subsequent fiscal year the
decreased base allocation is itself not exhausted, the
base allocation for fiscal years subsequent to that
fiscal year shall be further decreased by the greater
of 5 percent (as a percentage of the decreased base
allocation for that fiscal year) or a percentage
representing the unutilized portion of the decreased
base allocation (as a percentage of the decreased base
allocation for that fiscal year) during that fiscal
year (subject to clause (iii) and except that the base
allocation shall not fall below 410,000);
``(v) for purposes of clause (ii), the numerical
limitations shall not apply to any alien--
``(I) who--
``(aa) was physically present in
the United States on July 11, 2018; and
``(bb) performed agricultural labor
or services in the United States for at
least 5.75 hours during each of at
least 180 days during the 2-year period
ending on July 11, 2018; or
``(II) who has previously been issued a
visa or otherwise provided nonimmigrant status
pursuant to subclause (a) or (b) of section
101(a)(15)(H)(ii), but only to the extent that
the alien is being petitioned for by an
employer pursuant to section 218A(b) who
previously employed the alien pursuant to
subclause (a) or (b) of section
101(a)(15)(H)(ii) beginning no later than July
11, 2018; and
``(vi) if, pursuant to clause (iii), the base
allocation has been increased by 10 percent in a fiscal
year, once petitioned-for aliens have been issued visas
or otherwise provided nonimmigrant status accounting
for 80 percent of that 10-percent increase in the base
allocation, the total number of aliens described in
clause (ii) who may be issued visas or otherwise
provided nonimmigrant status under this paragraph
during that year shall be increased, in addition to any
increase under clause (iii), by--
``(I) for the first 2 fiscal years after
the effective date of this paragraph, a number
determined appropriate by the Secretary; and
``(II) for any subsequent fiscal year, by
the lesser of 10 percent (as a percentage of
the base allocation for that fiscal year) or a
percentage representing the number of
petitioned-for aliens (as a percentage of the
base allocation for that fiscal year) who would
be eligible to be issued visas or otherwise
provided nonimmigrant status described in that
clause during that fiscal year but for the
increased base allocation being exhausted,
and such further increase under this clause shall not
to be considered a part of the base allocation for that
fiscal year for the purpose calculating the base
allocation for subsequent fiscal years.''.
(e) Secretary of Agriculture Review of Agricultural Work Needs.--
Section 214 of the Immigration and Nationality Act (8 U.S.C. 1184) is
amended by adding at the end the following:
``(s) Secretary of Agriculture Review of Agricultural Work Needs.--
The Secretary of Agriculture shall conduct a review, on a continual
basis, of--
``(1) whether there are indicators of a shortage or surplus
of workers performing agricultural labor or services;
``(2) the growth or contraction in the United States
agricultural industry and whether such growth or contraction
has increased or decreased the demand for workers to perform
agricultural labor or services;
``(3) the level of unemployment and underemployment of
United States workers (as defined in section 218A(a)(7)) in
agricultural labor or services;
``(4) the number of H-2C workers (as defined in section
218A(a)(5)) who in the preceding fiscal year had to depart from
the United States or be subject to removal under section
237(a)(1)(C)(i) because they could not find additional at-will
employment within 30 days pursuant to section 218B; and
``(5) the estimated number of nonimmigrant agricultural
workers issued a visa or otherwise provided nonimmigrant status
pursuant to section 101(a)(15)(H)(ii)(a) or (c) during
preceding fiscal years who remain in the United States out of
compliance with the terms of their status.''.
(f) Intent.--Section 214(b) of the Immigration and Nationality Act
(8 U.S.C. 1184(b)) is amended by striking ``section 101(a)(15)(H)(i)
except subclause (b1) of such section'' and inserting ``clause (i),
except subclause (b1), or (ii)(c) of section 101(a)(15)(H)''.
(g) Clerical Amendment.--The table of contents for the Immigration
and Nationality Act (8 U.S.C. 1101 et seq.) is amended by inserting
after the item relating to section 218 the following:
``Sec. 218B. At-will employment of temporary H-2C workers.''.
SEC. 104. MEDIATION.
Nonimmigrants having status under section 101(a)(15)(H)(ii)(c) of
the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(c))
may not bring civil actions for damages against their employers, nor
may any other attorneys or individuals bring civil actions for damages
on behalf of such nonimmigrants against the nonimmigrants' employers,
unless at least 90 days prior to bringing an action a request has been
made to the Federal Mediation and Conciliation Service to assist the
parties in reaching a satisfactory resolution of all issues involving
all parties to the dispute and mediation has been attempted.
SEC. 105. MIGRANT AND SEASONAL AGRICULTURAL WORKER PROTECTION.
Section 3(8)(B)(ii) of the Migrant and Seasonal Agricultural Worker
Protection Act (29 U.S.C. 1802(8)(B)(ii)) is amended by striking
``under sections 101(a)(15)(H)(ii)(a) and 214(c) of the Immigration and
Nationality Act.'' and inserting ``under subclauses (a) and (c) of
section 101(a)(15)(H)(ii), and section 214(c), of the Immigration and
Nationality Act.''.
SEC. 106. BINDING ARBITRATION.
(a) Applicability.--H-2C workers may, as a condition of employment
with an employer, be subject to mandatory binding arbitration and
mediation of any grievance relating to the employment relationship. An
employer shall provide any such workers with notice of such condition
of employment at the time it makes job offers.
(b) Allocation of Costs.--Any cost associated with such arbitration
and mediation process shall be equally divided between the employer and
the H-2C workers, except that each party shall be responsible for the
cost of its own counsel, if any.
(c) Definitions.--As used in this section:
(1) The term ``condition of employment'' means a term,
condition, obligation, or requirement that is part of the job
offer, such as the term of employment, job responsibilities,
employee conduct standards, and the grievance resolution
process, and to which applicants or prospective H-2C workers
must consent or accept in order to be hired for the position.
(2) The term ``H-2C worker'' means a nonimmigrant described
in section 218A(a)(5) of the Immigration and Nationality Act,
as added by this title.
SEC. 107. COVERAGE THROUGH HEALTH EXCHANGES; REQUIRED HEALTH INSURANCE
COVERAGE.
(a) Coverage Through Health Exchanges.--In applying section
1312(f)(3) of the Patient Protection and Affordable Care Act (42 U.S.C.
18032(f)(3)), an H-2C worker (as defined in section 218A(a)(5) of the
Immigration and Nationality Act, as added by this title) shall not be
treated as an individual who is, or is reasonably expected to be, a
citizen or national of the United States or an alien lawfully present
in the United States.
(b) Requirement Regarding Health Insurance Coverage.--
(1) In general.--Notwithstanding the Fair Labor Standards
Act of 1938 (29 U.S.C. 201 et seq.) and State and local wage
laws, not later than 21 days after being issued a visa or
otherwise provided nonimmigrant status under section
101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(c)), an alien shall, in the case that
qualifying health coverage is offered in the State of
employment or State of residence of such alien and the alien is
eligible for such coverage, for the period of employment
specified in section 218A(b)(1) of the Immigration and
Nationality Act, be enrolled under qualifying health coverage.
(2) Qualifying health coverage.--For purposes of paragraph
(1), the term ``qualifying health coverage means'', with
respect to an alien described in such paragraph, the higher of
the following levels of coverage applicable to such alien:
(A) At a minimum, catastrophic health insurance
coverage that provides coverage of such individual with
respect to at least the State of employment and State
of residence of the alien.
(B) In the case of an alien whose State of
residence or State of employment requires such an alien
to maintain coverage under health insurance, such
health insurance.
SEC. 108. ESTABLISHMENT OF AN AGRICULTURAL WORKER EMPLOYMENT POOL.
The Secretary of Agriculture may establish an agricultural worker
employment pool and an electronic Internet-based portal to assist H-2C
workers (as such term is defined in section 218A of the Immigration and
Nationality Act), prospective H-2C workers, and employers to identify
job opportunities in the H-2C program and willing, able, and available
workers for the program, respectively, and may charge a fee for the use
of such portal.
SEC. 109. PREVAILING WAGE.
Section 212(p) of the Immigration and Nationality Act (8 U.S.C.
1182(p)) is amended--
(1) in paragraph (1), by inserting after ``subsections
(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)'' the
following: ``of this section and section 218A(j)(2)(B)(ii)'';
and
(2) in paragraph (3), by inserting after ``subsections
(a)(5)(A), (n)(1)(A)(i)(II), and (t)(1)(A)(i)(II)'' the
following: ``of this section and section 218A(j)(2)(B)(ii)''.
SEC. 110. PORTABILITY OF H-2C STATUS.
Section 214(n)(1) of the Immigration and Nationality Act (8 U.S.C.
1184(n)(1)) is amended by inserting after ``section
101(a)(15)(H)(i)(b)'' the following: ``or 101(a)(15)(H)(ii)(c)''.
SEC. 111. EFFECTIVE DATES; SUNSET; REGULATIONS.
(a) Effective Dates; Regulations.--
(1) In general.--Sections 102 and 104 through 106 of this
title, subsections (a) and (c) through (f) of section 103 of
this title, and the amendments made by the sections, shall take
effect on the date on which the Secretary issues the rules
under paragraph (3), and the Secretary of Homeland Security
shall accept petitions pursuant to section 218A of the
Immigration and Nationality Act, as inserted by this Act,
beginning no later than that date. Sections 107 and 109 of this
title shall take effect on the date of the enactment of this
Act.
(2) At-will employment.--Section 103(b) of this title and
the amendments made by that subsection shall take effect when--
(A) it becomes unlawful for all persons or other
entities to hire, or to recruit or refer for a fee, for
employment in the United States an individual (as
provided in section 274A(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1324a(a)(1))) without using
the verification system set forth in section 274A(d) of
such Act, as amended by section 203 of title II, to
seek verification of the employment eligibility of an
individual; and
(B) such verification system, in providing
confirmation of an individual's employment eligibility,
indicates whether an individual is eligible to be
employed in all occupations or only to perform
agricultural labor or services as a nonimmigrant who
has been issued a visa or otherwise provided
nonimmigrant status under section 101(a)(15)(H)(ii)(C)
of the Immigration and Nationality Act.
(3) Regulations.--Notwithstanding any other provision of
law, not later than the first day of the seventh month that
begins after the date of the enactment of this Act, the
Secretary of Homeland Security shall issue final rules, on an
interim or other basis, to carry out this title.
(b) Operation and Sunset of the H-2A Program.--
(1) Application of existing regulations.--Except as
provided in paragraph (2), the Department of Labor H-2A program
regulations published at 73 Federal Register 77110 et seq.
(2008) shall be in force for all petitions approved under
sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(h)(ii)(a); 8 U.S.C. 1188)
beginning on the date of the enactment of this Act, except that
the following, as in effect on such date, shall remain in
effect, and, to the extent that any rule published at 73
Federal Register 77110 et seq. is in conflict, such rule shall
have no force and effect:
(A) Paragraph (a) and subparagraphs (1) and (3) of
paragraph (b) of section 655.200 of title 20, Code of
Federal Regulations.
(B) Section 655.201 of title 20, Code of Federal
Regulations, except the paragraphs entitled
``Production of Livestock'' and ``Range''.
(C) Paragraphs (c), (d) and (e) of section 655.210
of title 20, Code of Federal Regulations.
(D) Section 655.230 of title 20, Code of Federal
Regulations.
(E) Section 655.235 of title 20, Code of Federal
Regulations.
(F) The Special Procedures Labor Certification
Process for Employers in the Itinerant Animal Shearing
Industry under the H-2A Program in effect under the
Training and Employment Guidance Letter No. 17-06,
Change 1, Attachment B, Section II, with an effective
date of October 1, 2011.
(2) Exception.--
(A) In general.--The regulations described in
paragraph (1) shall not have any force or effect with
respect to any requirement regarding the seasonal
nature of agricultural labor or services consisting of
dairy cattle and milk production.
(B) Amendment.--Section 101(a)(15)(H)(ii)(a) of the
Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) is amended by inserting
``(except that agricultural labor or services
consisting of dairy cattle and milk production need not
be of a temporary or seasonal nature)'' after
``seasonal nature''.
(3) Sunset.--Beginning on the date that is one year after
the date on which employers can file petitions pursuant to
section 218A of the Immigration and Nationality Act, as added
by section 103(a) of this title, no new petitions under
sections 101(a)(15)(H)(ii)(a) and 218 of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a); 8 U.S.C. 1188)
shall be accepted.
SEC. 112. REPORT ON COMPLIANCE AND VIOLATIONS.
(a) In General.--Not later than 1 year after the first day on which
employers can file petitions pursuant to section 218A of the
Immigration and Nationality Act, as added by section 103(a) of this
title, the Secretary of Homeland Security, in consultation with the
Secretary of Agriculture, shall submit to the Committees on the
Judiciary of the House of Representatives and the Senate a report on
compliance by H-2C workers with the requirements of this title and the
Immigration and Nationality Act, as amended by this title. In the case
of a violation of a term or condition of the temporary agricultural
work visa program established by this title, the report shall identify
the provision or provisions of law violated.
(b) Definition.--As used in this section, the term ``H-2C worker''
means a nonimmigrant described in section 218A(a)(4) of the Immigration
and Nationality Act, as added by section 103(a) of this title.
TITLE II--LEGAL WORKFORCE ACT
SEC. 201. SHORT TITLE.
This title may be cited as the ``Legal Workforce Act''.
SEC. 202. 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
Legal Workforce Act, 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 or United States
passport 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
driver's license or identification card
if it was issued by a State or American
Samoa and 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 or United States passport 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
Department of Justice, 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 Legal Workforce Act,
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 Legal
Workforce Act, 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 Legal
Workforce Act, 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 Legal
Workforce Act, 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 Legal Workforce Act.
``(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 Legal Workforce Act. An
employee described in this clause shall not be
counted for purposes of clause (i).
``(iv) Extensions.--Upon request by an
employer having 50 or fewer employees, the
Secretary shall allow a one-time 6-month
extension of the effective date set out in this
subparagraph applicable to such employer. Such
request shall be made to the Secretary and
shall be made prior to such effective date.
``(v) 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 Legal
Workforce Act.
``(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 7(c) of
the Legal Workforce Act.
``(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 7(c) of
the Legal Workforce Act, 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 three
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 three business days
after 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 Legal
Workforce Act, 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
Legal Workforce Act, 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 Legal
Workforce Act, 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 Legal
Workforce Act, 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 Legal Workforce Act. 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 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 Department of Justice, 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 Legal Workforce Act, 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 Legal Workforce Act,
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 employed at
the same geographic location or, at the option of the
employer, all individuals employed within the same job
category, as the employee with respect to whom the
employer seeks voluntarily to use the verification
system. 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 Department of Justice, 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 Legal Workforce Act, 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 Legal Workforce Act, 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 minimus;
``(ii) the Secretary of Homeland Security
has explained to the person or entity the basis
for the failure and why it is not de minimus;
``(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 Legal Workforce Act, 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 except as
authorized under paragraph (1)(D)(iv).''.
(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. 203. 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.--
``(A) In general.--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.
``(B) Agricultural laborers.--The Secretary of
Homeland Security shall ensure that, by the date that
is 24 months after the date of the enactment of the
Legal Workforce Act, whenever the verification system
provides confirmation of an individual's employment
eligibility, it indicates whether the individual is
eligible to be employed in all occupations or only to
perform agricultural labor or services as a
nonimmigrant who has been issued a visa or otherwise
provided nonimmigrant status under section
101(a)(15)(H)(ii)(C).
``(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. 204. 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 this title, 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. 205. 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) Mitigation element.--For purposes of
subparagraph (A)(i), if an employer proves by a
preponderance of the evidence that the employer uses a
reasonable, secure, and established technology to
authenticate the identity of the new employee, that
fact shall be taken into account for purposes of
determining good faith use of the system established
under subsection (d).
``(C) 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. 206. 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. 207. 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 this title.
(c) Effective Date.--This section shall take effect on the date
that is 24 months after the date of the enactment of this Act.
(d) Clerical Amendment.--The table of sections, in section 1(d) of
the Illegal Immigration Reform and Immigrant Responsibility Act of
1996, is amended by striking the items relating to subtitle A of title
IV.
SEC. 208. 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 moving the margin of the continuation text
following subparagraph (B) two ems to the left and 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, strike ``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) Mitigation element.--For purposes of paragraph (4),
the size of the business shall be taken into account when
assessing the level of civil money penalty.
``(12) 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 an 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.
``(13) 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 five 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 $5,000 for each unauthorized
alien with respect to which such a violation occurs, imprisoned
for not more than 18 months, or both, notwithstanding the
provisions of any other Federal law relating to fine levels.''.
SEC. 209. 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. 210. PROTECTION OF SOCIAL SECURITY ADMINISTRATION PROGRAMS.
(a) Funding Under Agreement.--Effective for fiscal years beginning
on or after October 1, 2019, 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 this title, 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,
2019, 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. 211. 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 this title, 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 this title. 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 this title. The Secretary may implement the
program on a limited pilot program basis before making it fully
available to all individuals.
SEC. 212. USE OF EMPLOYMENT ELIGIBILITY VERIFICATION PHOTO TOOL.
An employer or entity who uses the photo matching tool, if required
by the Secretary as part of the verification system, shall match,
either visually, or using facial recognition or other verification
technology approved or required by the Secretary, the photo matching
tool photograph to the photograph on the identity or employment
eligibility document provided by the individual or to the face of the
employee submitting the document for employment verification purposes,
or both, as determined by the Secretary.
SEC. 213. IDENTITY AUTHENTICATION EMPLOYMENT ELIGIBILITY VERIFICATION
PILOT PROGRAMS.
Not later than 24 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
not less than 2 Identity Authentication Employment Eligibility
Verification pilot programs, each using a separate and distinct
technology (the ``Authentication Pilots''). The purpose of the
Authentication Pilots shall be to provide for identity authentication
and employment eligibility verification with respect to enrolled new
employees which shall be available to any employer that elects to
participate in either of the Authentication Pilots. Any participating
employer may cancel the employer's participation in the Authentication
Pilot after one year after electing to participate without prejudice to
future participation. The Secretary shall report to the Committee on
the Judiciary of the House of Representatives and the Committee on the
Judiciary of the Senate the Secretary's findings on the Authentication
Pilots, including the authentication technologies chosen, not later
than 12 months after commencement of the Authentication Pilots.
SEC. 214. 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.
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