Mandatory use of E-Verify

(a) Federal Government Section 402(e)(1) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104–208; 8 U.S.C. 1324a note) is amended— (1) by amending subparagraph (A) to read as follows: (A) Executive departments and agencies Each department and agency of the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section.; and (2) in subparagraph (B), by striking, that conducts hiring in a State and all that follows and inserting shall participate in E-Verify by complying with the terms and conditions set forth in this section.. (b) Federal contractors; critical employers Section 402(e) of such Act, as amended by subsection (a), is further amended— (1) by redesignating paragraphs (2) and (3) as paragraphs (4) and (5), respectively; and (2) by inserting after paragraph (1) the following: (2) United states contractors Any person, employer, or other entity that enters into a contract with the Federal Government shall participate in E-Verify by complying with the terms and conditions set forth in this section. (3) Designation of critical employers Not later than 7 days after the date of the enactment of the Accountability Through Electronic Verification Act, the Secretary of Homeland Security shall— (A) conduct an assessment of employers that are critical to the homeland security or national security needs of the United States; (B) designate and publish a list of employers and classes of employers that are deemed to be critical pursuant to the assessment conducted under subparagraph (A); and (C) require that critical employers designated pursuant to subparagraph (B) participate in E-Verify by complying with the terms and conditions set forth in this section not later than 30 days after the Secretary makes such designation.. (c) All employers Section 402 of such Act, as amended by this section, is further amended— (1) by redesignating subsection (f) as subsection (h); and (2) by inserting after subsection (e) the following: (f) Mandatory participation in E-Verify (1) In general Subject to paragraphs (2) and (3), all employers in the United States shall participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer on or after the date that is 1 year after the date of the enactment of the Accountability Through Electronic Verification Act. (2) Use of contract labor Any employer who uses a contract, subcontract, or exchange to obtain the labor of an individual in the United States shall certify in such contract, subcontract, or exchange that the employer, and all parties to such contract, subcontract, or exchange, use E-Verify. If such certification is not included in a contract, subcontract, or exchange, the employer shall be deemed to have violated paragraph (1). (3) Interim mandatory participation (A) In general Before the date set forth in paragraph (1), the Secretary of Homeland Security shall require any employer or class of employers to participate in E-Verify, with respect to all employees recruited, referred, or hired by such employer if the Secretary has reasonable cause to believe that such employer is or has been engaged in a material violation of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a). (B) Notification Not later than 14 days before an employer or class of employers is required to begin participating in E-Verify pursuant to subparagraph (A), the Secretary shall provide such employer or class of employers with— (i) written notification of such requirement; and (ii) appropriate training materials to facilitate compliance with such requirement..