S.Amdt. 1308

1. Adds SEC. 9. EMPLOYMENT ELIGIBILITY CONFIRMATION FOR ALIENS. at the end of the bill

   Adds a section

   In S. 1023 · Reported to Senate

   "(b) Authorization of Appropriations.--There are authorized to be appropriated to the Secretary of Commerce for fiscal years 2010 through 2014 such sums as may be necessary to carry out this section.".

   Inserted: SEC. 9. EMPLOYMENT ELIGIBILITY CONFIRMATION FOR ALIENS..

   Inserted: (a) Short Title.--This section may be cited as the "Protecting American Workers Act of 2009".

   Inserted: (b) Pilot Programs for Employment Eligibility Confirmation.--Subsection (b) of section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended by striking "Unless" and all that follows.

   Inserted: (c) Restriction on Use of Funds.--None of the funds made available in the Emergency Economic Stabilization Act of 2008 (division A of Public Law 110-343; 122 Stat. 3765) or the American Recovery and Reinvestment Act of 2009 (Public Law 111-5; 123 Stat. 115) may be used to enter into a contract with a person that does not participate in the pilot program described in section 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note).

   Inserted: (d) Required Participation by United States Contractors.--The head of each agency or department of the United States that enters into a contract shall require, as a condition of the contract, that the contractor participate in the pilot program described in 404 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-209; 8 U.S.C. 1324a note) to verify the employment eligibility of--

   Inserted: (1) all individuals hired during the term of the contract by the contractor to perform employment duties within the United States; and

   Inserted: (2) all individuals assigned by the contractor to perform work within the United States the under such contract.

   Inserted: (e) Redesignation of Basic Pilot Program.--

   Inserted: (1) Redesignation.--

   Inserted: (A) In general.--Sections 401(c)(1), 403(a), 403(b)(1), 403(c)(1), and 405(b)(2) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) are amended by striking "basic pilot program" each place that term appears and inserting "E-Verify Program".

   Inserted: (B) Technical amendment.--Subsection (a) of section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended in the heading by striking "Basic Pilot" and inserting "E-Verify".

   Inserted: (2) Conforming amendment.--Paragraph (1) of section 404(h) of the Illegal Immigration Reform and Immigration Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended by striking "under a pilot program" and inserting "under this subtitle".

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   Inserted: (f) Checking the Immigration Status of Employees.--Subparagraph (A) of section 403(a)(3) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1324a note) is amended--

   Inserted: (1) by striking "The person" and inserting the following:

   Inserted: "(i) Upon hiring.--The person"; and

   Inserted: (2) by adding at the end the following:

   Inserted: "(ii) Existing employees.--An employer that elects to verify the employment eligibility of existing employees shall verify the employment eligibility of all such employees not later than 10 days after notifying the Secretary of Homeland Security of such election.

   Inserted: "(iii) Required participation.--The Secretary of Homeland Security may require any employer or class of employers to participate in the E-Verify Program with respect to individuals employed as of, or hired after, the date of the enactment of the Protecting American Workers Act of 2009 if the Secretary has reasonable cause to believe that the employer has engaged in material violations of section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a).".

   Inserted: (g) Reverification.--Subsection (a) of section 403 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-08; 8 U.S.C. 1324a note) is amended by adding at the end the following:

   Inserted: "(5) Reverification.--Each employer participating in the E-Verify Program shall use the confirmation system to reverify the work authorization of any individual not later than 3 days after the date on which such individual's employment authorization is scheduled to expire, as indicated by the documents that the individual provided to the employer pursuant to section 274A(b) of the Immigration and Nationality Act (8 U.S.C. 1324a(b)), in accordance with the procedures otherwise applicable to the verification of a newly hired employee under this subsection.".

   Original wording

   At the end, add the following:

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As printed