Higher Wages for American Workers Act of 2021
This bill increases the federal minimum wage, permanently establishes the E-Verify system and requires its use, and contains other related provisions.
Specifically, the bill increases the minimum wage to $10 per hour, phased in over three years (five years for businesses with fewer than 20 employees), up from $7.25 per hour. The bill also phases in over three years an increase of the minimum wage for new employees less than 20 years old from $4.25 to $6 per hour, and increases the length of time an employee may be paid this lower minimum wage. Both minimum wages shall be adjusted for inflation every two years.
All employers shall use E-Verify to electronically verify the employment eligibility of new employees, with phased-in deadlines that generally require all employers to comply within 18 months of this bill's enactment. This bill provides for various requirements related to E-Verify, including requiring employers to examine and verify certain identifying documents belonging to the employee.
The bill increases civil penalties for various violations related to hiring, recruiting, and referring ineligible employees. Repeated violators may be debarred from receiving federal contracts, grants, or cooperative agreements. The bill also increases criminal fines for violators that engage in a pattern or practice of violations.
If a state does not provide the Department of Homeland Security access to that state's driver's license and identity card information for E-Verify purposes, that state (and its local government entities) shall be ineligible for certain grants related to public works and economic development.
To gradually raise the Federal minimum wage, to permanently establish 
the E-Verify employment eligibility verification system, to mandate the 
       use of E-Verify by all employers, 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 ``Higher Wages for 
American Workers Act of 2021''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Purpose.
Sec. 4. Minimum wage increases.
Sec. 5. Establishment of permanent E-Verify program.
Sec. 6. Mandatory E-Verify for all employers.
Sec. 7. Penalty for failure to use E-Verify.
Sec. 8. Enhanced penalties for unauthorized employment.
Sec. 9. E-Verify self-check.
Sec. 10. E-Verify process.
Sec. 11. Good faith defense.
Sec. 12. Preemption.
Sec. 13. Access to information.
Sec. 14. Fraud and misuse of documents.
Sec. 15. Fraud prevention.
Sec. 16. Protection of Social Security Administration programs.
Sec. 17. Inspector General audits.
Sec. 18. Recruitment, referral, and continuation of employment.
Sec. 19. Definitions.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) 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.
            (2) 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.
            (3) 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.
            (4) 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.
            (5) Many other employers voluntarily use E-Verify to 
        confirm that their workforce complies with Federal immigration 
        laws. In December 2020, 1,102,643 employers were using E-
        Verify.
            (6) It is necessary to make E-Verify permanent and 
        mandatory to prevent unauthorized employment, which--
                    (A) drives illegal immigration to the United 
                States; and
                    (B) undermines economic opportunity for authorized 
                workers.

SEC. 3. PURPOSES.

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

SEC. 4. MINIMUM WAGE INCREASES.

    (a) Scheduled Increases.--Section 6(a) of the Fair Labor Standards 
Act of 1938 (29 U.S.C. 206(a)) is amended--
            (1) by striking paragraph (1) and inserting the following:
            ``(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 2021;
                    ``(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) $10.00 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 
                amount determined by the Secretary for purposes of this 
                subsection under subsection (h);'';
            (2) in paragraph (3), by striking ``or'' after the 
        semicolon;
            (3) by redesignating paragraph (4) as paragraph (5); and
            (4) by inserting after paragraph (3) the following:
            ``(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 paragraphs 
        (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 2021;
                    ``(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; and
                    ``(F) beginning on the date that is 5 years after 
                such effective date, the wage rate in effect under 
                paragraph (1)(E); or''.
    (b) Increases in Youth Minimum Wage.--Section 6(g)(1) of the Fair 
Labor Standards Act of 1938 (29 U.S.C. 206(g)(1)) is amended--
            (1) by striking ``90'' and inserting ``180''; and
            (2) by striking ``less than $4.25 an hour.'' and inserting 
        the following: ``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 
        2021;
            ``(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; and
            ``(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).''.
    (c) Determination Based on Increase in the Consumer Price Index.--
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:
    ``(h)(1) Not later than the date that is 1 year before a new 
minimum wage rate under subsection (a)(1)(E) 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.''.
    (d) Rule of Construction.--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)).
    (e) Effective Date.--The amendments made by this section shall take 
effect on the later of--
            (1) January 1, 2022; or
            (2) the date that is 90 days after the national emergency 
        declaration issued by the President under the National 
        Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID-
        19 is rescinded.

SEC. 5. ESTABLISHMENT OF PERMANENT E-VERIFY.

    (a) Establishment of Permanent E-Verify.--Section 274A(d) of the 
Immigration and Nationality Act (8 U.S.C. 1324a(d)) is amended to read 
as follows:
    ``(d) Establishment of Permanent E-Verify.--
            ``(1) In general.--On the date of the enactment of the 
        Higher Wages for American Workers Act of 2021, the Secretary of 
        Homeland Security shall permanently establish E-Verify, based 
        on the E-Verify pilot program implemented under section 
        401(c)(1) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (8 U.S.C. 1324a note), that--
                    ``(A) responds to inquiries made by persons through 
                a website, mobile application, or other toll-free 
                electronic media, as determined by the Secretary, 
                concerning--
                            ``(i) an individual's identity; and
                            ``(ii) whether such individual is 
                        authorized to be employed in the United States; 
                        and
                    ``(B) maintains records of--
                            ``(i) the inquiries that were made;
                            ``(ii) the verifications that were provided 
                        (or not provided); and
                            ``(iii) the codes provided to inquirers as 
                        evidence of their compliance with their 
                        obligations under E-Verify.
            ``(2) Responses.--
                    ``(A) Initial responses.--E-Verify shall provide 
                confirmation or a tentative nonconfirmation of an 
                individual's identity and employment eligibility not 
                later than 3 business days after the initial inquiry. 
                If providing confirmation or tentative nonconfirmation, 
                E-Verify shall provide an appropriate code indicating 
                such confirmation or such nonconfirmation.
                    ``(B) Secondary confirmation process in case of 
                tentative nonconfirmation.--
                            ``(i) In general.--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 business days 
                        after the date on which the notice of the 
                        tentative nonconfirmation is provided by the 
                        Secretary.
                            ``(ii) Extensions.--The Secretary, in 
                        consultation with the Commissioner--
                                    ``(I) may extend the deadline under 
                                clause (i) once, on a case-by-case 
                                basis, for a period of 10 business 
                                days; and
                                    ``(II) if such deadline is 
                                extended, shall document such extension 
                                within the verification system.
                            ``(iii) Notifications.--The Secretary, in 
                        consultation with the Commissioner, shall 
                        immediately notify the employee and employer of 
                        any tentative nonconfirmation under clause (i), 
                        which shall include--
                                    ``(I) guidance to the prospective 
                                employee regarding the secondary 
                                verification process; and
                                    ``(II) any extension granted under 
                                clause (ii).
                            ``(iv) Process.--The Secretary, in 
                        consultation with the Commissioner, shall--
                                    ``(I) create a standard process for 
                                extensions and notifications under this 
                                paragraph; and
                                    ``(II) make a description of such 
                                process available to the public.
                            ``(v) Code.--When final confirmation or 
                        nonconfirmation is provided, the verification 
                        system shall provide an appropriate code 
                        indicating such confirmation or 
                        nonconfirmation.
            ``(3) Design and operation of e-verify.--E-Verify 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) to prevent unauthorized disclosure of 
                personal information through appropriate 
                administrative, technical, and physical safeguards;
                    ``(D) to include reasonable safeguards against 
                unlawful discriminatory practices based on national 
                origin or citizenship status, including--
                            ``(i) the selective or unauthorized use of 
                        E-Verify 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;
                    ``(F) to limit the subjects of verification to--
                            ``(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); and
                            ``(iii) individuals seeking to confirm 
                        their own employment eligibility on a voluntary 
                        basis; and
                    ``(G) to confirm identity and employment 
                authorization through verification and comparison of 
                records maintained by the Department of Homeland 
                Security, other Federal departments, States, or 
                outlying possessions of the United States, as 
                determined necessary by the Secretary of Homeland 
                Security, including--
                            ``(i) records maintained by the Social 
                        Security Administration;
                            ``(ii) passports, passport cards, and visa 
                        records (including photographs) maintained by 
                        the Department of State;
                            ``(iii) notwithstanding section 6103 of 
                        Internal Revenue Code of 1986 or any other 
                        provision of law, Employer Identification 
                        Number records maintained by the Internal 
                        Revenue Service;
                            ``(iv) State driver's license or identity 
                        card information (including photographs) 
                        maintained by the Department of Motor Vehicles 
                        of a State or outlying possession; and
                            ``(v) any other Federal records that the 
                        Secretary of Homeland Security determines to be 
                        relevant and necessary for such purpose.
            ``(4) Responsibilities of commissioner of social 
        security.--
                    ``(A) In general.--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, electronic 
                method within E-Verify, which, within the periods 
                specified in subparagraphs (A) and (B) of paragraph 
                (2), 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)--
                            ``(i) the information provided regarding 
                        each individual whose identity and employment 
                        eligibility is being confirmed;
                            ``(ii) the correspondence of the name and 
                        number; and
                            ``(iii) whether the individual has 
                        presented a Social Security account number that 
                        is not valid for employment.
                    ``(B) Limitation on disclosures.--The Commissioner 
                may not disclose or release Social Security information 
                (other than such confirmation or nonconfirmation) under 
                E-Verify except as provided for in this section or 
                section 205(c)(2)(I) of the Social Security Act (42 
                U.S.C. 405(c)(2)(I)).
            ``(5) Responsibilities of secretary of homeland security.--
        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, 
        electronic method within E-Verify, which, within the periods 
        specified in subparagraphs (A) and (B) of paragraph (2), 
        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--
                    ``(A) to validate (or not validate)--
                            ``(i) the information provided regarding 
                        each individual whose identity and employment 
                        eligibility is being confirmed;
                            ``(ii) the correspondence of the name and 
                        number; and
                            ``(iii) whether the alien is authorized to 
                        be employed in the United States; or
                    ``(B) to the extent that the Secretary determines 
                to be feasible and appropriate, to determine whether 
                the records available to the Secretary verify the 
                identity or status of a national of the United States.
            ``(6) Responsibilities of the secretary of state.--The 
        Secretary of State, in consultation with the Secretary of 
        Homeland Security and any designee of the Secretary of Homeland 
        Security selected to establish and administer the verification 
        system, shall establish a reliable, secure method, that 
        compares and provides, within the time periods required under 
        paragraphs (2) and (3), a confirmation or nonconfirmation of 
        the name and passport, passport card, or visa number provided 
        in an inquiry against such information maintained by the 
        Secretary of State in order to confirm (or to not confirm) the 
        information provided regarding an individual whose identity and 
        employment eligibility must be confirmed.
            ``(7) Updating information.--The Commissioner of Social 
        Security and the Secretary of Homeland Security shall 
        immediately, and not later than 3 business days after receiving 
        updated information, 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 (2)(B).
            ``(8) No national identification card.--Nothing in this 
        subsection, or in the Higher Wages for American Workers Act of 
        2021, may be construed to directly or indirectly authorize--
                    ``(A) the issuance or use of national 
                identification cards; or
                    ``(B) the establishment of a national 
                identification card.
            ``(9) Remedies.--
                    ``(A) In general.--If an individual alleges that 
                the individual would not have been dismissed from a job 
                absent an error of the verification mechanism, the 
                individual may seek--
                            ``(i) compensation only through the 
                        mechanism of chapter 171 of title 28, United 
                        States Code (commonly known as the `Federal 
                        Tort Claims Act'); and
                            ``(ii) injunctive relief to correct such 
                        error.
                    ``(B) Class actions.--No class action may be 
                brought under this subsection.''.
    (b) Conforming Amendments.--Section 401 of the Illegal Immigration 
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
is amended--
            (1) by amending the section heading to read as follows: 
        ``e-verify'';
            (2) in subsection (a), by striking ``3 pilot programs of 
        employment eligibility confirmation'' and inserting ``E-
        Verify''; and
            (3) in subsection (b)--
                    (A) in the subsection heading, by striking ``; 
                Termination''; and
                    (B) by striking ``Unless the Congress otherwise 
                provides, the Secretary of Homeland Security shall 
                terminate a pilot program on September 30, 2015.''.
    (c) Transition From Pilot to Permanent E-Verify Program.--
            (1) 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.
            (2) 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, the 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 E-Verify, 
        which has been permanently established pursuant to subsection 
        (a).
            (3) Clerical amendment.--The table of contents in section 
        1(d) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208) 
        is amended by striking the items relating to subtitle A of 
        title IV.
            (4) Effective date.--This subsection shall take effect on 
        the date that is 90 days after the date of the enactment of 
        this Act.
    (d) Funding.--
            (1) Transfers.--On the first day of each fiscal year 
        beginning after the date of the enactment of this Act, the 
        Secretary of the Treasury shall transfer $100,000,000 in 
        unobligated funds from the general fund of the Treasury to the 
        Department of Homeland Security, which shall be used to carry 
        out E-Verify.
            (2) Authorization of appropriations.--In addition to the 
        amounts transferred pursuant to paragraph (1), there are 
        authorized to be appropriated $100,000,000, in fiscal year 
        2022, and in each successive fiscal year, to carry out E-
        Verify.
    (e) Reporting Requirements.--
            (1) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on the Judiciary of the Senate;
                    (B) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (C) the Committee on the Judiciary of the House of 
                Representatives; and
                    (D) the Committee on Homeland Security of the House 
                of Representatives.
            (2) Permanent e-verify initial report.--Not later than 180 
        days after the date of the enactment of this Act, the President 
        shall submit a report to the appropriate congressional 
        committees describing the implementation of the permanent E-
        Verify Program, including--
                    (A) any significant changes made from the E-Verify 
                Pilot Program in existence on the day before the date 
                of the enactment of this Act;
                    (B) any additional planned changes to streamline or 
                improve the permanent E-Verify Program; and
                    (C) a classified appendix, if necessary, to discuss 
                sensitive topics, such as measures to prevent 
                unauthorized disclosure of personal information.
            (3) Permanent e-verify annual report.--Not later than 1 
        year after the submission of the report under paragraph (2), 
        and annually thereafter, the President shall submit a report to 
        the appropriate congressional committees, the Committee on 
        Appropriations of the Senate, and the Committee on 
        Appropriations of the House of Representatives describing the 
        status of the permanent E-Verify Program, including--
                    (A) statistics on use, confirmations, tentative and 
                final nonconfirmations, and response times; and
                    (B) information regarding the costs of the program, 
                including an accounting of any increases in costs that 
                occurred during the previous year.

SEC. 6. MANDATORY E-VERIFY FOR ALL EMPLOYERS.

    (a) In General.--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.
    (b) Implementation Timeline.--
            (1) Hiring.--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--
                    (A) 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;
                    (B) 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;
                    (C) 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;
                    (D) 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
                    (E) on the date that is 1 year after the date of 
                the enactment of this Act for any new employer.
            (2) Recruiting and referring.--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.
            (3) Agricultural labor or services.--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.
            (4) Critical infrastructure.--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.
            (5) Use of contract labor.--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.
            (6) Transition rule.--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.
    (c) Early Compliance.--
            (1) Former e-verify required users, including federal 
        contractors.--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).
            (2) Former e-verify voluntary users and others desiring 
        early compliance.--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.

SEC. 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.

SEC. 8. ENHANCED PENALTIES FOR UNAUTHORIZED EMPLOYMENT.

    (a) In General.--Section 274A of the Immigration and Nationality 
Act (8 U.S.C. 1324a) is amended--
            (1) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) by striking ``Attorney General'' each 
                        place such term appears and inserting 
                        ``Secretary of Homeland Security''; and
                            (ii) in subparagraph (D), by striking 
                        ``Service'' and inserting ``Department of 
                        Homeland Security'';
                    (B) in paragraph (4)--
                            (i) in subparagraph (A)--
                                    (I) in the matter preceding clause 
                                (i), by inserting ``, subject to 
                                paragraph (10),'' after ``in an 
                                amount'';
                                    (II) 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'';
                                    (III) 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'';
                                    (IV) 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
                            (ii) by amending subparagraph (B) to read 
                        as follows:
                    ``(B) may require the person or entity to take 
                appropriate remedial action.'';
                    (C) in paragraph (5)--
                            (i) in the paragraph heading, by striking 
                        ``paperwork'';
                            (ii) by inserting ``, subject to paragraphs 
                        (10) through (12),'' after ``in an amount''; 
                        and
                            (iii) by striking ``$100 and not more than 
                        $1,000'' and inserting ``$1,000 and not more 
                        than $25,000''; and
                    (D) by adding at the end the following:
            ``(10) Adjustment of penalty for good faith violation.--The 
        Secretary of Homeland Security or the Attorney General may 
        waive or reduce a civil penalty under paragraph (4)(A) (with 
        respect to a violation of paragraph (1)(A) or (2) of subsection 
        (a) for hiring or continuation of employment or recruitment or 
        referral by person or entity) or a civil penalty under 
        paragraph (5) (with respect to a violation of subsection 
        (a)(1)(B) for hiring or recruitment or referral by a person or 
        entity) if the violator establishes that the violator acted in 
        good faith.
            ``(11) Mitigation.--The size of the business shall be taken 
        into account when assessing the level of civil money penalty 
        under paragraph (4).
            ``(12) Authority to debar employers for certain 
        violations.--
                    ``(A) In general.--If the Secretary of Homeland 
                Security determines that a person or entity is 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 proposed 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 determines that a person or entity should be 
                proposed for debarment in accordance with subparagraph 
                (A), and such an person or entity does not hold a 
                Federal contract, grant or cooperative agreement, the 
                Secretary or the Attorney General shall refer the 
                matter to the Administrator of General Services to 
                determine--
                            ``(i) whether to list the person or entity 
                        on the List of Parties Excluded from Federal 
                        Procurement; and
                            ``(ii) if the person or entity is included 
                        on such list, the duration and scope of such 
                        inclusion.
                    ``(C) Has contract, grant, agreement.--If the 
                Secretary of Homeland Security or the Attorney General 
                determines that a person or entity should be proposed 
                for debarment in accordance with this subparagraph (A), 
                and such person or entity holds a Federal contract, 
                grant or cooperative agreement, the Secretary or the 
                Attorney General--
                            ``(i) 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 proposed for debarment; and
                            ``(ii) after soliciting and considering the 
                        views of all such agencies and departments, may 
                        refer the matter to any appropriate lead agency 
                        to determine--
                                    ``(I) whether to list the person or 
                                entity on the List of Parties Excluded 
                                from Federal Procurement; and
                                    ``(II) if the person or entity is 
                                included on such list, the duration and 
                                scope of such inclusion.
                    ``(D) Review.--Any decision to debar a person or 
                entity under this paragraph shall be reviewable 
                pursuant to part 9.4 of the Federal Acquisition 
                Regulation.
            ``(13) Continued employment after final nonconfirmation.--
        If a 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).''; and
            (2) in subsection (f), by amending paragraph (1) to read as 
        follows:
            ``(1) Criminal penalty.--Any person or entity that engages 
        in a pattern or practice of violations of paragraph (1) or (2) 
        of subsection (a) shall be fined not more than $30,000 for each 
        unauthorized alien with respect to which such a violation 
        occurs, imprisoned for not more than 18 months, or both.''.
    (b) Effective Date.--
            (1) In general.--Except as provided in paragraph (2), the 
        amendments made by subsection (a) shall take effect on the date 
        of the enactment of this Act.
            (2) Continued employment after final nonconfirmation.--
                    (A) In general.--Paragraph (13) of section 274A(e) 
                of the Immigration and Nationality Act, as added by 
                subsection (a)(1)(D), shall take effect on the date 
                that is 6 months after the date of the enactment of 
                this Act.
                    (B) Penalty calculations.--The calculation of any 
                penalties under section 274A(e)(13)(B) of the 
                Immigration and Nationality Act, as added by subsection 
                (a)(1)(D), shall not include any period of continuing 
                employment before the effective date referred to in 
                subparagraph (A).

SEC. 9. E-VERIFY SELF-CHECK.

    (a) In General.--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.
    (b) Elements.--The self-verification procedure established under 
subsection (a)--
            (1) shall be subject to appropriate safeguards to prevent 
        misuse of the confirmation system, including requiring 
        employees or applicants--
                    (A) to use any self-verification feature; or
                    (B) to provide the employer with self-verification 
                results; and
            (2) shall allow individuals to contact the appropriate 
        agency to correct or update the information contained in the 
        confirmation system.

SEC. 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:
    ``(b) Employment Eligibility Verification Process.--
            ``(1) New hires, recruitment, and referral.--A 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) Attestation.--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 2021, 
                        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 identity.--A 
                        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 
                        authorization.--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).
                            ``(iv) Documents establishing identity of 
                        individual.--A 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 
                        documents.--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.
                    ``(B) Individual attestation of employment 
                authorization.--
                            ``(i) In general.--During 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 identification.--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.
                    ``(C) E-verify redesign.--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--
                            ``(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 received.--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.
                            ``(ii) Tentative nonconfirmation.--
                                    ``(I) In general.--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--
                                            ``(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) Duration.--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.
                                    ``(III) Not grounds for 
                                termination.--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.
                                    ``(IV) Not grounds for rescission 
                                of offer.--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.
                            ``(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.--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.
                            ``(v) Termination upon final 
                        nonconfirmation.--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).
                    ``(E) Verification period defined.--
                            ``(i) In general.--In this paragraph:
                                    ``(I) In the case of recruitment or 
                                referral, the term `verification 
                                period' means the period ending on the 
                                date recruiting or referring commences.
                                    ``(II) In the case of hiring, the 
                                term `verification period' means the 
                                period beginning on the date on which 
                                an offer of employment is extended and 
                                ending on the date that is 3 business 
                                days after the date of hire, except as 
                                provided in clause (iii). The offer of 
                                employment may be conditioned in 
                                accordance with clause (ii).
                            ``(ii) Job offer may be conditional.--A 
                        person or other entity may offer a prospective 
                        employee an employment position that is 
                        conditioned on final verification of the 
                        identity and employment eligibility of the 
                        employee using the procedures established under 
                        this paragraph.
                            ``(iii) Contact information.--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.
                            ``(iv) Special rule.--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.
            ``(2) Reverification for individuals with limited work 
        authorization.--
                    ``(A) In general.--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.
                    ``(B) Effective date.--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 2021.
                    ``(C) Reverification.--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.
            ``(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 Higher Wages for American 
                        Workers Act of 2021, 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 described.--An 
                        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 number.--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:
                            ``(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 general.--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--
                                    ``(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 decision.--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.
                    ``(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 use a 
                form designated or established by the Secretary by 
                regulation for purposes of this paragraph.
            ``(4) Copying of documentation permitted.--Notwithstanding 
        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 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 the 
        enforcement or administration of this Act and any other 
        provision of Federal or State criminal law.
            ``(6) 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 violating paragraph (1)(A) or (2) of 
                subsection (a).''.

SEC. 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:
            ``(3) Good faith defense.--
                    ``(A) Defense.--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)--
                            ``(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 shall 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 business 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. 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:
            ``(2) Preemption.--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.''.

SEC. 13. ACCESS TO INFORMATION.

    (a) Defined Term.--In this section, the term ``E-Verify purposes'' 
means--
            (1) preventing identity theft, fraud, and misuse of E-
        Verify; and
            (2) 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.
    (b) Federal Records.--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.
    (c) Federal Cooperation.--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.
    (d) State Cooperation.--
            (1) Driver's license information.--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.
            (2) Information sharing agreements.--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.
            (3) Conditions for federal grant funding.--
                    (A) Economic development assistance grants.--
                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:
                    ``(C) Grants conditioned on information sharing.--
                The 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 2021); 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.''.
                    (B) Community development block grants.--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:
    ``(n) Protections for Authorized Workers.--
            ``(1) In general.--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--
                    ``(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 2021); 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) State.--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--
                            ``(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 government.--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)--
                            ``(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 rules.--In 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).''.
                    (C) Effective date.--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.

SEC. 14. 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 (8 U.S.C. 1324a(b)),''; 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 (8 U.S.C. 1324a(b))),''.

SEC. 15. 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 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.
    (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 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.
    (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 E-Verify. The Secretary may implement the program on a 
limited pilot program basis before making it fully available to all 
individuals.

SEC. 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.

SEC. 17. 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, in order to uncover evidence of individuals who are not 
authorized to work in the United States, shall complete audits of--
            (1) 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;
            (2) children's Social Security account numbers that have 
        been fraudulently used for work purposes;
            (3) employers whose workers present significant numbers of 
        mismatched Social Security account numbers or names for wage 
        reporting;
            (4) Social Security account numbers of deceased individuals 
        that were fraudulently used for work purposes; and
            (5) Social Security account numbers of retired individuals 
        that were potentially used fraudulently for work purposes.
    (b) Submission.--The Inspector General of the Social Security 
Administration shall--
            (1) submit the audits completed pursuant to subsection (a) 
        to--
                    (A) the Committee on Finance of the Senate;
                    (B) the Committee on the Judiciary of the Senate;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Ways and Means of the House of 
                Representatives;
                    (E) the Committee on the Judiciary of the House of 
                Representatives; and
                    (F) the Committee on Homeland Security of the House 
                of Representatives.
            (2) make the information contained in such audits available 
        to Federal law enforcement.

SEC. 18. 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) Effective Date.--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.

SEC. 19. DEFINITIONS.

    (a) In General.--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).
    (b) Amendments to the Immigration and Nationality Act.--Section 
274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is 
amended--
            (1) in subsection (h), by striking paragraph (3); and
            (2) by adding at the end the following:
    ``(i) Definitions.--In this section:
            ``(1) Agricultural labor or services.--The 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 hire.--The term `date of hire' means the date 
        of commencement of employment for wages or other remuneration.
            ``(3) Recruit.--
                    ``(A) In general.--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.
                    ``(B) Exceptions.--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--
                            ``(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 general.--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.
                    ``(B) Exceptions.--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--
                            ``(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 alien.--The 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.''.
                                 <all>
Higher Wages for American Workers Act of 2021
A bill to gradually raise the Federal minimum wage, to permanently establish the E-Verify employment eligibility verification system, to mandate the use of E-Verify by all employers, and for other purposes.
Higher Wages for American Workers Act of 2021
Sen. Cotton, Tom