S2785-118

1. Short title; table of contents This Act may be cited as the Higher Wages for American Workers Act of 2023. The table of contents for this Act is as follows:

2. Findings Congress finds the following: In the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208), Congress directed the establishment of 3 pilot programs for employment eligibility confirmation, including what became the E-Verify Pilot Program. The E-Verify Pilot Program has grown into a successful, necessary tool for employers across the country that want to verify their workers’ employment eligibility. E-Verify is a fast, reliable, electronic system, administered by the Department of Homeland Security, that offers United States employers a tool to verify that prospective employees are legally authorized to work in the United States. All Federal executive departments and legislative branch offices, employers subject to certain court orders under section 274A(e)(4) or 274B(g) of the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4) and 1324b(g)), employers with Federal contracts or subcontracts that contain the Federal Acquisition Regulation E-Verify clause, and employers in several States are required to use E-Verify to confirm the identity and employment eligibility of their employees. Many other employers voluntarily use E-Verify to confirm that their workforce complies with Federal immigration laws and more than 1,000,000 employers are using E-Verify. It is necessary to make E-Verify permanent and mandatory to prevent unauthorized employment, which— drives illegal immigration to the United States; and undermines economic opportunity for authorized workers.

3. Purposes The purposes of this Act are— to gradually increase the Federal minimum wage; to provide a permanent authorization for E-Verify; and to require all employers to use E-Verify.

4. Minimum wage increases Section 6(a) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(a)) is amended— by striking paragraph (1) and inserting the following: except as otherwise provided in this section, not less than— $8.00 per hour, beginning on the effective date under section 4(e) of the Higher Wages for American Workers Act of 2023; $8.75 per hour, beginning on the date that is 1 year after such effective date; $9.50 per hour, beginning on the date that is 2 years after such effective date; $10.25 per hour, beginning on the date that is 3 years after such effective date; $11.00 per hour, beginning on the date that is 4 years after such effective date; beginning on the date that is 5 years after such effective date, and every 2 years thereafter, the amount determined by the Secretary for purposes of this subsection under subsection (h); in paragraph (3), by striking or after the semicolon; by redesignating paragraph (4) as paragraph (5); and by inserting after paragraph (3) the following: if such employee is employed by a business with fewer than 20 employees (including a franchise with fewer than 20 employees) and except as otherwise provided under paragraph (2), (3), or (5), not less than— $7.75 per hour, beginning on the effective date under section 4(e) of the Higher Wages for American Workers Act of 2023; $8.25 per hour, beginning on the date that is 1 year after such effective date; $8.75 per hour, beginning on the date that is 2 years after such effective date; $9.25 per hour, beginning on the date that is 3 years after such effective date; $9.75 per hour, beginning on the date that is 4 years after such effective date; $10.25 per hour, beginning on the date that is 5 years after such effective date; and beginning on the date that is 6 years after such effective date, the wage rate in effect under paragraph (1)(F); or Section 6(g)(1) of the Fair Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended— by striking 90 and inserting 180; and by striking less than $4.25 an hour. and inserting the following: less than— $4.75 per hour, beginning on the effective date under section 4(e) of the Higher Wages for American Workers Act of 2023; $5.25 per hour, beginning on the date that is 1 year after such effective date; $5.75 per hour, beginning on the date that is 2 years after such effective date; $6.00 per hour, beginning on the date that is 3 years after such effective date; and beginning on the date that is 5 years after such effective date, and every 2 years thereafter, the youth minimum wage rate amount determined by the Secretary for purposes of this subsection under subsection (h). Section 6 of the Fair Labor Standards Act of 1938, as amended by subsections (a) and (b), is further amended by adding at the end the following: Not later than the date that is 1 year before a new minimum wage rate under subsection (a)(1)(F) and new youth minimum wage rate under subsection (g)(1)(E) are to take effect for a 2-year period, the Secretary shall determine the minimum wage rate and youth minimum wage rate to be in effect pursuant to this subsection. The minimum wage rate or youth minimum wage rate determined pursuant to this subsection shall be— not less than the amount in effect under subsection (a)(1) or subsection (g)(1), respectively, on the date of such determination; increased from such amount by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) for the preceding 2 years, as calculated in accordance with paragraph (2); and rounded to the nearest multiple of $0.05. In making each determination under paragraph (1) and calculating the percentage increase in the Chained Consumer Price Index for All Urban Consumers under paragraph (1)(B), the Secretary shall compare the Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary before the first year for which a minimum wage or youth minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the second preceding year, the same quarter in the second preceding year, or the second preceding year, respectively. Nothing in the amendments made by this Act shall be construed to impact or affect the Secretary's authority to issue special certificates under section 14(c) of the Fair Labor Standards Act of 1938 (29 U.S.C. 214(c)). The amendments made by this section shall take effect on January 1, 2024. (1)except as otherwise provided in this section, not less than—(A)$8.00 per hour, beginning on the effective date under section 4(e) of the Higher Wages for American Workers Act of 2023;(B)$8.75 per hour, beginning on the date that is 1 year after such effective date; (C)$9.50 per hour, beginning on the date that is 2 years after such effective date; (D)$10.25 per hour, beginning on the date that is 3 years after such effective date;(E)$11.00 per hour, beginning on the date that is 4 years after such effective date;(F)beginning on the date that is 5 years after such effective date, and every 2 years thereafter, the amount determined by the Secretary for purposes of this subsection under subsection (h);; (4)if such employee is employed by a business with fewer than 20 employees (including a franchise with fewer than 20 employees) and except as otherwise provided under paragraph (2), (3), or (5), not less than—(A)$7.75 per hour, beginning on the effective date under section 4(e) of the Higher Wages for American Workers Act of 2023;(B)$8.25 per hour, beginning on the date that is 1 year after such effective date; (C)$8.75 per hour, beginning on the date that is 2 years after such effective date; (D)$9.25 per hour, beginning on the date that is 3 years after such effective date; (E)$9.75 per hour, beginning on the date that is 4 years after such effective date;(F)$10.25 per hour, beginning on the date that is 5 years after such effective date; and (G)beginning on the date that is 6 years after such effective date, the wage rate in effect under paragraph (1)(F); or . less than—(A)$4.75 per hour, beginning on the effective date under section 4(e) of the Higher Wages for American Workers Act of 2023;(B)$5.25 per hour, beginning on the date that is 1 year after such effective date; (C)$5.75 per hour, beginning on the date that is 2 years after such effective date;(D)$6.00 per hour, beginning on the date that is 3 years after such effective date; and(E)beginning on the date that is 5 years after such effective date, and every 2 years thereafter, the youth minimum wage rate amount determined by the Secretary for purposes of this subsection under subsection (h).. (h)(1)Not later than the date that is 1 year before a new minimum wage rate under subsection (a)(1)(F) and new youth minimum wage rate under subsection (g)(1)(E) are to take effect for a 2-year period, the Secretary shall determine the minimum wage rate and youth minimum wage rate to be in effect pursuant to this subsection. The minimum wage rate or youth minimum wage rate determined pursuant to this subsection shall be—(A)not less than the amount in effect under subsection (a)(1) or subsection (g)(1), respectively, on the date of such determination;(B)increased from such amount by the percentage increase in the Chained Consumer Price Index for All Urban Consumers (as published by the Bureau of Labor Statistics of the Department of Labor) for the preceding 2 years, as calculated in accordance with paragraph (2); and(C)rounded to the nearest multiple of $0.05.(2)In making each determination under paragraph (1) and calculating the percentage increase in the Chained Consumer Price Index for All Urban Consumers under paragraph (1)(B), the Secretary shall compare the Consumer Price Index for the most recent month, quarter, or year available (as selected by the Secretary before the first year for which a minimum wage or youth minimum wage is in effect pursuant to this subsection) with the Consumer Price Index for the same month in the second preceding year, the same quarter in the second preceding year, or the second preceding year, respectively..

6. Mandatory e-Verify for all employers Any person or other entity hiring, recruiting, or referring an individual for employment in the United States shall utilize E-Verify in accordance with this section. Except as provided in paragraphs (3) and (4), an employer shall use E-Verify whenever hiring an individual for employment in the United States beginning— on the date that is 6 months after the date of the enactment of this Act if the employer has 10,000 or more employees in the United States on such date of enactment; on the date that is 9 months after the date of the enactment of this Act if the employer has at least 500 employees in the United States and fewer than 10,000 employees in the United States on such date of enactment; on the date that is 1 year after the date of the enactment of this Act if the employer has at least 20 employees in the United States fewer than 500 employees in the United States on such date of enactment; on the date that is 18 months after the date of the enactment of this Act if the employer has at least 1 employee in the United States and fewer than 20 employees in the United States on such date of enactment; and on the date that is 1 year after the date of the enactment of this Act for any new employer. Except as provided in paragraph (3), the requirement under subsection (b) shall apply to a person or other entity recruiting or referring an individual for employment in the United States beginning on the date that is 1 year after the date of the enactment of this Act. Notwithstanding paragraph (1), the requirement under subsection (b) shall not apply to the verification of employment eligibility for employees performing agricultural labor or services until on or after the date that is 18 months after the date of the enactment of this Act. The Secretary of Homeland Security shall authorize and 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 E-Verify whenever hiring an individual for employment in the United States on or after the date that is 6 months after the date of the enactment of this Act. Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States after the applicable effective date under paragraphs (1) through (4) shall certify, in such contract, subcontract, or exchange, that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. Any person or other entity hiring, recruiting, or referring an individual for employment in the United States before the applicable effective date under paragraphs (1) through (4) shall be subject to any other provision of Federal law requiring the person or entity to participate in the E-Verify Pilot 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 date of the enactment of this Act, including Executive Order 13465 (8 U.S.C. 1324a note), and all references to the E-Verify Pilot Program or a requirement to participate in an employment verification program, shall be deemed to refer to the E-Verify program established under section 4 of such Act. Notwithstanding the deadlines set forth in subsection (b)(1), beginning on the date of the enactment of this Act, the Secretary of Homeland Security shall require employers required to participate in E-Verify 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 use E-Verify (and comply with any additional requirements of such Federal acquisition laws and regulation). Notwithstanding the deadlines set forth in subsection (b)(1), beginning on the date of the enactment of this Act, the Secretary of Homeland Security shall provide for the voluntary use of E-Verify 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, and by other employers seeking voluntary early compliance.

7. Penalty for failure to use e-Verify If a person or entity fails to utilize E-Verify as required by law, including failing to comply with section 6(b)(5) or providing information to the system that the person or entity knows or reasonably believes to be false, such failure shall be treated as a violation of paragraph (1)(A), (1)(B), or (2) of section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)), as applicable.

9. E-Verify self-check The Secretary of Homeland Security, in consultation with the Commissioner of Social Security, shall establish a secure self-verification procedure to permit an individual to verify his or her employment eligibility. The self-verification procedure established under subsection (a)— shall be subject to appropriate safeguards to prevent misuse of the confirmation system, including requiring employees or applicants— to use any self-verification feature; or to provide the employer with self-verification results; and shall allow individuals to contact the appropriate agency to correct or update the information contained in the confirmation system.

10. E-Verify process Section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)) is amended to read as follows: A person or other entity hiring, recruiting, or referring an individual for employment in the United States shall be subject to the following requirements: During the verification period, the person or entity shall attest, by either a handwritten or electronic signature, under penalty of perjury, on a form, including electronic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Higher Wages for American Workers Act of 2023, that the person or entity has verified that the individual is not an unauthorized alien by— 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 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; examining, in a manner prescribed by the Secretary— a document described in clause (ii) that relates to the individual presenting the document; or a document described in clause (iii) that relates to the individual presenting the document and a document described in clause (iv) that relates to the individual presenting the document; and matching the photograph on a document described in subclause (II) that relates to the individual presenting the document with a photograph of such individual, if such photograph is available through the E-Verify Program. A document described in this clause is an individual’s— unexpired United States passport or passport card; unexpired permanent resident card that contains a photograph; unexpired employment authorization card that contains a photograph; 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; 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 other document designated by the Secretary of Homeland Security, if the document— 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; is evidence of authorization of employment in the United States; and contains security features to make it resistant to tampering, counterfeiting, and fraudulent use. A document described in this clause 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). A document described in this clause is— an individual’s unexpired State issued driver’s license or identification card if the license or card contains a photograph and personally identifying information, such as name, date of birth, gender, height, eye color, and home address; an individual’s unexpired U.S. military identification card that contains a photograph; an individual’s unexpired Native American tribal identification document that contains a photograph and was issued by a tribal entity recognized by the Bureau of Indian Affairs; or in the case of an individual who is younger than 18 years of age, a parent or legal guardian’s attestation under penalty of law as to the identity and age of the individual. If the Secretary of Homeland Security finds, by regulation, that any document described in clause (ii), (iii), or (iv) 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. During the verification period, the individual shall— attest, by either a handwritten or electronic signature, under penalty of perjury, and 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; and provide his or her Social Security account number or valid United States passport number. If the individual does not attest to United States nationality under clause (i), the individual shall provide the identification or authorization number established for the alien by the Department of Homeland Security, as specified by the Secretary. The Secretary is authorized to issue regulations allowing any person or other entity hiring, recruiting, or referring an individual for employment and the individual to comply with this section through an updated digital verification system that requires the submission of— the information required under subparagraph (A)(i)(I); the documentation required under subparagraph (A)(i)(II); and the matching of any available photos with any photo contained in any document presented for identity or employment verification purposes. If a person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the verification system within the specified period, the person or entity shall record, on the form designated or established for purposes of subparagraph (A), an appropriate code provided by the system that indicates a final confirmation of such identity and work eligibility of the individual. If the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the verification system within the specified period, the person or entity shall— inform the individual for whom the verification is sought of such nonconfirmation; if the individual does not contest the nonconfirmation within 10 business days after receiving such tentative nonconfirmation, record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation; and if the individual does contest the nonconfirmation during such period, refer the individual secondary verification process described in subsection (d)(2)(B). A nonconfirmation described in subclause (I) shall remain tentative until a final confirmation or nonconfirmation is provided by the verification system not later than 10 business days after the issuance of a tentative nonconfirmation. An employer may not terminate the employment of an individual because of a failure of the individual to have his or her identity and work eligibility confirmed under this section until the nonconfirmation becomes final. Nothing in this subclause may be construed to apply to a termination of employment for any reason other than because of such failure. An employer may not rescind an offer of employment to an individual because of a failure of the individual to have his or her identity and work eligibility confirmed under this section until the nonconfirmation becomes final. Nothing in this subclause may be construed to apply to a rescission of an offer of employment for any reason other than because of such failure. 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. If a 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 5 subsequent business days 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. Not later than 3 business days after receiving a final nonconfirmation regarding an individual, the person or entity shall terminate the employment of the individual (or decline to recruit or refer the individual). In this paragraph: In the case of recruitment or referral, the term verification period means the period ending on the date recruiting or referring commences. In the case of hiring, the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is 3 business days after the date of hire, except as provided in clause (iii). The offer of employment may be conditioned in accordance with clause (ii). 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. A person or other entity, upon making an offer of employment to a prospective employee under clause (ii), shall submit to E-Verify the contact information of the prospective employee, including an email address or a telephone number, so that E-Verify can notify the prospective employee in the case of a tentative nonconfirmation. Notwithstanding clause (i)(II), if a United States citizen, a lawful permanent resident, or an alien who is authorized for employment provides evidence from the Social Security Administration that such individual has applied for a Social Security account number, the verification period shall end on the date that is 3 business days after the date on which the individual receives the Social Security account number. Except as provided in subparagraphs (B) and (C), a person or entity shall use E-Verify to seek reverification of the employment eligibility of all individuals with a limited period of work authorization employed by the person or entity not later than 3 business days after the date on which the employee’s prior work authorization expires. Employers shall be subject to the requirement under subparagraph (A) beginning on the date on which the employer is required to use E-Verify under section 6 of the Higher Wages for American Workers Act of 2023. Paragraph (1)(C) shall apply to reverifications under this paragraph on the same basis as it applies to verifications under paragraph (1), except that employers shall use a form designated or established by the Secretary by regulation for purposes of this paragraph. Not later than the date that is 6 months after the date of the enactment of the Higher Wages for American Workers Act of 2023, an employer shall use E-Verify to seek verification of the identity and employment eligibility of any individual described in clause (ii) who is employed by the employer and 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). An individual described in this clause is— an employee of any unit of a Federal, State, or local government; 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; or to have access to a Secure Identification Display Area; or an employee assigned to perform work in the United States under a Federal contract, except that this subclause— is not applicable to individuals who normally perform support work, such as indirect or overhead functions, and do not perform any substantial duties applicable to the contract, 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 only applies to contracts in excess of the micro-purchase threshold (as defined in section 2.101 of title 48, Code of Federal Regulations). An employer who is required to use E-Verify, or has elected voluntarily to use E-Verify, shall make inquiries to the system in accordance with the following: 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 1 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 may not include 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. 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 his or her knowledge, the Secretary and the Commissioner shall— lock the Social Security account number or employment eligibility verification purposes; and notify the employers of the individuals who wrongfully submitted the Social Security account number that the employee may not be work eligible. Each employer receiving notification of an incorrect Social Security account number under clause (ii) shall use E-Verify to check the work eligibility status of the applicable employee not later than 10 business days after receiving the notification. Subject to paragraph (2) and subparagraphs (A) and (B), an employer may make an inquiry through E-Verify 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 by the employer; and notify E-Verify whether the individual is an existing or prospective employee. An employer’s decision not to voluntarily 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. 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 use a form designated or established by the Secretary by regulation for purposes of this paragraph. Notwithstanding any other provision of law, the person or entity— may copy a document presented by an individual under this subsection; and may retain the copy for the purpose of complying with the requirements under this subsection. 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 the enforcement or administration of this Act and any other provision of Federal or State criminal law. 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. Subparagraph (A) shall not apply if— the failure is not de minimus; the Secretary of Homeland Security has explained to the person or entity the basis for the failure and why it is not de minimus; 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 the person or entity has not corrected the failure voluntarily within such period. Subparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violating paragraph (1)(A) or (2) of subsection (a). (b)Employment eligibility verification process(1)New hires, recruitment, and referralA person or other entity hiring, recruiting, or referring an individual for employment in the United States shall be subject to the following requirements:(A)Attestation after examination of documentation(i)AttestationDuring the verification period, the person or entity shall attest, by either a handwritten or electronic signature, under penalty of perjury, on a form, including electronic formats, designated or established by the Secretary by regulation not later than 6 months after the date of the enactment of the Higher Wages for American Workers Act of 2023, that the person or entity has verified that the individual is not an unauthorized alien by—(I)(aa)obtaining from the individual the individual’s Social Security account number or United States passport number and recording the number on the form;(bb)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;(II)examining, in a manner prescribed by the Secretary—(aa)a document described in clause (ii) that relates to the individual presenting the document; or(bb)a document described in clause (iii) that relates to the individual presenting the document and a document described in clause (iv) that relates to the individual presenting the document; and(III)matching the photograph on a document described in subclause (II) that relates to the individual presenting the document with a photograph of such individual, if such photograph is available through the E-Verify Program.(ii)Documents evidencing employment authorization and establishing identityA document described in this clause 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 authorizationA document described in this clause 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 individualA document described in this clause is—(I)an individual’s unexpired State issued driver’s license or identification card if the license or card contains a photograph and personally identifying information, such as name, date of birth, gender, height, eye color, and home address;(II)an individual’s unexpired U.S. military identification card that contains a photograph;(III)an individual’s unexpired Native American tribal identification document that contains a photograph and was issued by a tribal entity recognized by the Bureau of Indian Affairs; or(IV)in the case of an individual who is younger than 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 documentsIf the Secretary of Homeland Security finds, by regulation, that any document described in clause (ii), (iii), or (iv) 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.(B)Individual attestation of employment authorization(i)In generalDuring the verification period, the individual shall—(I)attest, by either a handwritten or electronic signature, under penalty of perjury, and 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; and(II)provide his or her Social Security account number or valid United States passport number.(ii)Other identificationIf the individual does not attest to United States nationality under clause (i), the individual shall provide the identification or authorization number established for the alien by the Department of Homeland Security, as specified by the Secretary.(C)E-Verify redesignThe Secretary is authorized to issue regulations allowing any person or other entity hiring, recruiting, or referring an individual for employment and the individual to comply with this section through an updated digital verification system that requires the submission of—(i)the information required under subparagraph (A)(i)(I);(ii)the documentation required under subparagraph (A)(i)(II); and(iii)the matching of any available photos with any photo contained in any document presented for identity or employment verification purposes.(D)System responses(i)Confirmation receivedIf a person or other entity receives an appropriate confirmation of an individual’s identity and work eligibility under the verification system within the specified period, the person or entity shall record, on the form designated or established for purposes of subparagraph (A), an appropriate code provided by the system that indicates a final confirmation of such identity and work eligibility of the individual.(ii)Tentative nonconfirmation(I)In generalIf the person or other entity receives a tentative nonconfirmation of an individual’s identity or work eligibility under the verification system within the specified period, the person or entity shall—(aa)inform the individual for whom the verification is sought of such nonconfirmation;(bb)if the individual does not contest the nonconfirmation within 10 business days after receiving such tentative nonconfirmation, record on the form an appropriate code which has been provided under the system to indicate a final nonconfirmation; and(cc)if the individual does contest the nonconfirmation during such period, refer the individual secondary verification process described in subsection (d)(2)(B).(II)DurationA nonconfirmation described in subclause (I) shall remain tentative until a final confirmation or nonconfirmation is provided by the verification system not later than 10 business days after the issuance of a tentative nonconfirmation.(III)Not grounds for terminationAn employer may not terminate the employment of an individual because of a failure of the individual to have his or her identity and work eligibility confirmed under this section until the nonconfirmation becomes final. Nothing in this subclause may be construed to apply to a termination of employment for any reason other than because of such failure.(IV)Not grounds for rescission of offerAn employer may not rescind an offer of employment to an individual because of a failure of the individual to have his or her identity and work eligibility confirmed under this section until the nonconfirmation becomes final. Nothing in this subclause may be construed to apply to a rescission of an offer of employment for any reason other than because of such failure.(iii)Final confirmation or nonconfirmation receivedIf 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)ExtensionIf a 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 5 subsequent business days 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)Termination upon final nonconfirmationNot later than 3 business days after receiving a final nonconfirmation regarding an individual, the person or entity shall terminate the employment of the individual (or decline to recruit or refer the individual).(E)Verification period defined(i)In generalIn this paragraph:(I)In the case of recruitment or referral, the term verification period means the period ending on the date recruiting or referring commences.(II)In the case of hiring, the term verification period means the period beginning on the date on which an offer of employment is extended and ending on the date that is 3 business days after the date of hire, except as provided in clause (iii). The offer of employment may be conditioned in accordance with clause (ii).(ii)Job offer may be conditionalA 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)Contact informationA person or other entity, upon making an offer of employment to a prospective employee under clause (ii), shall submit to E-Verify the contact information of the prospective employee, including an email address or a telephone number, so that E-Verify can notify the prospective employee in the case of a tentative nonconfirmation.(iv)Special ruleNotwithstanding clause (i)(II), if a United States citizen, a lawful permanent resident, or an alien who is authorized for employment provides evidence from the Social Security Administration that such individual has applied for a Social Security account number, the verification period shall end on the date that is 3 business days after the date on which the individual receives the Social Security account number.(2)Reverification for individuals with limited work authorization(A)In generalExcept as provided in subparagraphs (B) and (C), a person or entity shall use E-Verify to seek reverification of the employment eligibility of all individuals with a limited period of work authorization employed by the person or entity not later than 3 business days after the date on which the employee’s prior work authorization expires. (B)Effective dateEmployers shall be subject to the requirement under subparagraph (A) beginning on the date on which the employer is required to use E-Verify under section 6 of the Higher Wages for American Workers Act of 2023.(C)ReverificationParagraph (1)(C) shall apply to reverifications under this paragraph on the same basis as it applies to verifications under paragraph (1), except that employers shall use a form designated or established by the Secretary by regulation for purposes of this paragraph.(3)Previously hired individuals(A)On a mandatory basis for certain employees(i)In generalNot later than the date that is 6 months after the date of the enactment of the Higher Wages for American Workers Act of 2023, an employer shall use E-Verify to seek verification of the identity and employment eligibility of any individual described in clause (ii) who is employed by the employer and 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 describedAn individual described in this clause is—(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—(aa)to carry a Transportation Worker Identification Credential; or(bb)to have access to a Secure Identification Display Area; or(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 normally perform support work, such as indirect or overhead functions, and do not perform any substantial duties applicable to the contract, 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 in excess of the micro-purchase 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 numberAn employer who is required to use E-Verify, or has elected voluntarily to use E-Verify, 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 1 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 may not include 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 his or her knowledge, the Secretary and the Commissioner shall—(I)lock the Social Security account number or employment eligibility verification purposes; and(II)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 notification of an incorrect Social Security account number under clause (ii) shall use E-Verify to check the work eligibility status of the applicable employee not later than 10 business days after receiving the notification.(C)On a voluntary basis(i)In generalSubject to paragraph (2) and subparagraphs (A) and (B), an employer may make an inquiry through E-Verify 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—(I)seek verification of all individuals employed by the employer; and(II)notify E-Verify whether the individual is an existing or prospective employee.(ii)Effect of verification decisionAn employer’s decision not to voluntarily 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)VerificationParagraph (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 use a form designated or established by the Secretary by regulation for purposes of this paragraph.(4)Copying of documentation permittedNotwithstanding any other provision of law, the person or entity—(A)may copy a document presented by an individual under this subsection; and(B)may retain the copy for the purpose of complying with the requirements under this subsection.(5)Limitation on use of formsA 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 the enforcement or administration of this Act and any other provision of Federal or State criminal law.(6)Good faith compliance(A)In generalExcept 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 noticeSubparagraph (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 violatorsSubparagraph (A) shall not apply to a person or entity that has or is engaging in a pattern or practice of violating paragraph (1)(A) or (2) of subsection (a)..

11. 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: An employer (or person or entity that hires, employs, recruits, or refers, or is otherwise obligated to comply with this section) who establishes that it has complied in good faith with the requirements of subsection (b)— 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 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. 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). 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 shall apply: 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). 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 business day in which the verification mechanism registers no nonresponses and qualify for such defense. 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. (3)Good faith defense(A)DefenseAn employer (or person or entity that hires, employs, recruits, or refers, 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 elementFor 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 verificationSubject 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 shall apply:(i)Failure to seek verification(I)In generalIf 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 mechanismIf 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 business day in which the verification mechanism registers no nonresponses and qualify for such defense.(ii)Failure to obtain verificationIf 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..

12. Preemption Section 274A(h)(2) of the Immigration and Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to read as follows: The provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, to the extent they may relate to the hiring, continued employment, or verification for employment eligibility purposes, of unauthorized aliens. (2)PreemptionThe provisions of this section preempt any State or local law, ordinance, policy, or rule, including any criminal or civil fine or penalty structure, to the extent they may relate to the hiring, continued employment, or verification for employment eligibility purposes, of unauthorized aliens..

13. Access to information In this section, the term E-Verify purposes means— preventing identity theft, fraud, and misuse of E-Verify; and administering and enforcing the provisions of this Act and section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) governing employment eligibility verification. Notwithstanding any other provision of law, including section 6103 of the Internal Revenue Code of 1986, with respect to Employer Identification Number information, the Secretary of Homeland Security shall have access to relevant Federal records described in clauses (i) through (iii) of section 274A(d)(3)(G) of the Immigration and Nationality Act (8 U.S.C. 1324a(d)(3)(G)) for E-Verify purposes. Any Federal agency or other Federal Government entity possessing records described in subsection (a) shall provide such assistance and cooperation as the Secretary of Homeland Security may request to resolve initial verification inquiries, further action required results, cases in continuance, and final nonconfirmation results relating to such records or to otherwise improve the accuracy of E-Verify. Notwithstanding section 2721 of title 18, United States Code, or any other law, a State department of motor vehicles may provide information described in section 274A(d)(3)(G)(iv) of the Immigration and Nationality Act, as added by section 5(a) of this Act, obtained by the department, including an individual’s photograph, to the Secretary of Homeland Security for E-Verify purposes. The Secretary of Homeland Security shall maximize enrollment of States and other non-Federal Government entities possessing information described in section 274A(d)(3)(G)(iv) of the Immigration and Nationality Act in information sharing agreements that provide access to such information to the Secretary for E-Verify purposes and fully implement such agreements. Section 3(4) of the Public Works and Economic Development Act of 1965 (42 U.S.C. 3122(4)) is amended by adding at the end the following: The term eligible recipient does not include, with respect to grants authorized under section 201, 203, 205, or 207— a State that— does not provide access to driver’s license or identity card information (including photographs) maintained by the State department of motor vehicles to the Secretary of Homeland Security for E-Verify purposes (as defined in section 13(a) of the Higher Wages for American Workers Act of 2023); or does not provide such assistance and cooperation as the Secretary may request to resolve initial verification inquiries, further action required results, cases in continuance, and final nonconfirmation results relating to such records; or a city, or other political subdivision of a State described in clause (i), including a special purpose unit of such State or political subdivision engaged in economic or infrastructure development activities, or a consortium of such political subdivisions. Section 104 of the Housing and Community Development Act of 1974 (42 U.S.C. 5304) is amended by adding at the end the following: Amounts appropriated to carry out this title may not be obligated or expended for any State (or any unit of general local government that is a political subdivision of such State) that— does not provide access to driver’s license or identity card information (including photographs) maintained by the State department of motor vehicles to the Department of Homeland Security for E-Verify purposes (as defined in section 13(a) of the Higher Wages for American Workers Act of 2023); or does not provide such assistance and cooperation as the Secretary may request to resolve initial verification inquiries, further action required results, cases in continuance, and final nonconfirmation results relating to such records. If a State receives funding under this title during any period in which the State is ineligible to receive such funding pursuant to paragraph (1), the Secretary shall— direct the State to immediately return to the Secretary any such funding; and reallocate amounts returned under clause (i) for grants under this title to other States that are not ineligible for such funding. If a unit of general local government receives funding under this title during any period in which it is ineligible for such funding pursuant to paragraph (1)— the local government shall return any such amounts to the Secretary; and the Secretary shall reallocate such amounts for grants under this title to States and other units of general local government that are not ineligible for such funding. In reallocating amounts pursuant to subparagraphs (A) and (B), the Secretary— shall apply the relevant allocation formula under subsection (b), with all entities ineligible for funding pursuant to paragraph (1) excluded; and shall not be subject to the rules for reallocation under subsection (c). The amendments made by this paragraph shall take effect on the date that is 1 year after the date of the enactment of this Act. (C)Grants conditioned on information sharingThe term eligible recipient does not include, with respect to grants authorized under section 201, 203, 205, or 207—(i)a State that—(I)does not provide access to driver’s license or identity card information (including photographs) maintained by the State department of motor vehicles to the Secretary of Homeland Security for E-Verify purposes (as defined in section 13(a) of the Higher Wages for American Workers Act of 2023); or(II)does not provide such assistance and cooperation as the Secretary may request to resolve initial verification inquiries, further action required results, cases in continuance, and final nonconfirmation results relating to such records; or(ii)a city, or other political subdivision of a State described in clause (i), including a special purpose unit of such State or political subdivision engaged in economic or infrastructure development activities, or a consortium of such political subdivisions.. (n)Protections for authorized workers(1)In generalAmounts appropriated to carry out this title may not be obligated or expended for any State (or any unit of general local government that is a political subdivision of such State) that—(A)does not provide access to driver’s license or identity card information (including photographs) maintained by the State department of motor vehicles to the Department of Homeland Security for E-Verify purposes (as defined in section 13(a) of the Higher Wages for American Workers Act of 2023); or(B)does not provide such assistance and cooperation as the Secretary may request to resolve initial verification inquiries, further action required results, cases in continuance, and final nonconfirmation results relating to such records.(2)Returned amounts(A)StateIf a State receives funding under this title during any period in which the State is ineligible to receive such funding pursuant to paragraph (1), the Secretary shall—(i)direct the State to immediately return to the Secretary any such funding; and(ii)reallocate amounts returned under clause (i) for grants under this title to other States that are not ineligible for such funding.(B)Unit of general local governmentIf a unit of general local government receives funding under this title during any period in which it is ineligible for such funding pursuant to paragraph (1)—(i)the local government shall return any such amounts to the Secretary; and(ii)the Secretary shall reallocate such amounts for grants under this title to States and other units of general local government that are not ineligible for such funding.(C)Reallocation rulesIn reallocating amounts pursuant to subparagraphs (A) and (B), the Secretary—(i)shall apply the relevant allocation formula under subsection (b), with all entities ineligible for funding pursuant to paragraph (1) excluded; and(ii)shall not be subject to the rules for reallocation under subsection (c)..

14. Fraud and misuse of documents Section 1546(b) of title 18, United States Code, is amended— 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 (8 U.S.C. 1324a(b)),; and 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 (8 U.S.C. 1324a(b))),.

15. Fraud prevention 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 through E-Verify or that are otherwise suspected or determined to have been compromised by identity fraud, the Social Security account numbers of deceased individuals, or other misuse, shall be blocked from use by E-Verify unless the individual using such number is able to establish, through secure and fair additional security procedures, as determined by the Secretary of Homeland Security, that the individual is the legitimate holder of the number. 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 numbers or other identifying information for purposes of E-Verify. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals. 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 E-Verify. The Secretary may implement the program on a limited pilot program basis before making it fully available to all individuals.

16. Protection of Social Security Administration programs Pursuant to an agreement with the Commissioner of Social Security, the Secretary of Homeland Security shall continue to provide funds to the Commissioner for the full costs of the responsibilities of the Commissioner under section 274A of the Immigration and Nationality Act, as amended by this Act.

17. Inspector General audits Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Social Security Administration, in order to uncover evidence of individuals who are not authorized to work in the United States, shall complete audits of— workers who dispute wages reported on their Social Security account number because they believe that their names and such numbers were fraudulently used by others to secure employment; children’s Social Security account numbers that have been fraudulently used for work purposes; employers whose workers present significant numbers of mismatched Social Security account numbers or names for wage reporting; Social Security account numbers of deceased individuals that were fraudulently used for work purposes; and Social Security account numbers of retired individuals that were potentially used fraudulently for work purposes. The Inspector General of the Social Security Administration shall— submit the audits completed pursuant to subsection (a) to— the Committee on Finance of the Senate; the Committee on the Judiciary of the Senate; the Committee on Homeland Security and Governmental Affairs of the Senate; the Committee on Ways and Means of the House of Representatives; the Committee on the Judiciary of the House of Representatives; and the Committee on Homeland Security of the House of Representatives; and make the information contained in such audits available to Federal law enforcement.

18. Recruitment, referral, and continuation of employment Section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 1324a(a)) is amended— in paragraph (1)(A), by striking for a fee; in paragraph (1), by amending subparagraph (B) to read as follows: 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). in paragraph (2), by striking after hiring an alien for employment in accordance with paragraph (1), and inserting after complying with paragraph (1),. The amendments made by subsection (a) shall take effect on the date that is 6 months after the date of the enactment of this Act to the extent such amendments relate to continuation of employment. (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

19. Definitions In this Act, the terms agricultural labor or services, date of hire, recruit, refer, and unauthorized alien, have the meanings given such terms in section 274A(i) of the Immigration and Nationality Act, as amended by subsection (b). Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended— in subsection (h), by striking paragraph (3); and by adding at the end the following: In this section: The term agricultural labor or services— has the meaning given such term by the Secretary of Agriculture, by regulation; 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))); all activities required for the preparation, processing, or manufacturing of a product of agriculture (as defined in such section 3(f)) for further distribution; and 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. The term date of hire means the date of commencement of employment for wages or other remuneration. Except as provided in subparagraph (B), 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. The term recruit only applies to persons or entities referring for remuneration (whether on a retainer or contingency basis) except that the term applies to— union hiring halls that refer union members or nonunion individuals who pay union membership dues regardless of whether they receive remuneration; and 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. Except as provided in subparagraph (B), 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. The term refer only applies to persons or entities referring for remuneration (whether on a retainer or contingency basis) except that the term applies to— union hiring halls that refer union members or nonunion individuals who pay union membership dues regardless of whether they receive remuneration; and 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. The term unauthorized alien means, with respect to the employment of an alien at a particular time, an alien who is not— an alien lawfully admitted for permanent residence; or otherwise authorized to be employed under this Act or by the Secretary of Homeland Security. (i)DefinitionsIn this section:(1)Agricultural labor or servicesThe term agricultural labor or services—(A)has the meaning given such term by the Secretary of Agriculture, by regulation; and(B)includes—(i)agricultural labor (as defined in section 3121(g) of the Internal Revenue Code of 1986);(ii)agriculture (as defined in section 3(f) of the Fair Labor Standards Act of 1938 (29 U.S.C. 203(f)));(iii)all activities required for the preparation, processing, or manufacturing of a product of agriculture (as defined in such section 3(f)) for further distribution; and(iv)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.(2)Date of hireThe term date of hire means the date of commencement of employment for wages or other remuneration.(3)Recruit(A)In generalExcept as provided in subparagraph (B), 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.(B)ExceptionsThe term recruit only applies to persons or entities referring for remuneration (whether on a retainer or contingency basis) except that the term applies to—(i)union hiring halls that refer union members or nonunion individuals who pay union membership dues regardless of whether they receive remuneration; and(ii)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.(4)Refer(A)In generalExcept as provided in subparagraph (B), 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.(B)ExceptionsThe term refer only applies to persons or entities referring for remuneration (whether on a retainer or contingency basis) except that the term applies to—(i)union hiring halls that refer union members or nonunion individuals who pay union membership dues regardless of whether they receive remuneration; and(ii)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.(5)Unauthorized alienThe term unauthorized alien means, with respect to the employment of an alien at a particular time, an alien who is not—(A)an alien lawfully admitted for permanent residence; or(B)otherwise authorized to be employed under this Act or by the Secretary of Homeland Security..