H.R. 4430 – E-Verify Data Privacy and Wrongful Unemployment Act of 2023

AI-Generated Summary

Updated January 20, 2026 at 9:34 AM UTC

The E-Verify Data Privacy and Wrongful Unemployment Act of 2023 amends the Immigration and Nationality Act to strengthen privacy protections for the E‑Verify employment verification system and to address harms from erroneous verification results. It bars the system from collecting or storing sensitive personal data such as race, religious or political beliefs, genetic, biometric, health, or vaccination information, and requires an annual compliance report. The bill also creates a temporary hiring provision for workers affected by wrongful nonconfirmations and sets out individual legal remedies while prohibiting class actions.

Key Provisions

Requires E‑Verify to protect privacy and security and to exclude race, religious/political/philosophical beliefs, genetic data, biometric data, and health or vaccination information
Mandates the Department of Homeland Security Inspector General to publish an annual report on E‑Verify compliance and any privacy violations
Allows employers to hire a worker for up to 180 days if they reasonably believe a nonconfirmation was wrongful, provided they notify the Secretary and must end employment if the error is later disproven
Gives individuals the right to seek compensation and injunctive relief for wrongful verification errors through civil courts, but bars class‑action lawsuits

Legislative Activity

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1 earlier action

HouseIntro Referral Latest Action

Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Judiciary Committee

June 30, 2023

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HouseIntro Referral

Introduced in House

June 30, 2023

HouseIntro Referral

Referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

Judiciary Committee

June 30, 2023

Floor Debate

2 members

What members said about H.R. 4430 on the floor

1 Republican1 Democrat

Rep. Troy A. CarterD-LA-2 · Mar 5, 2024

Mr. Speaker, I yield myself such time as I may consume. Mr. Speaker, I am pleased that we are here today to consider my bill, H.R. 4403, the Securing the Cities Improvement Act. My bill will help…

Mr. Speaker, I yield myself such time as I may consume.

Mr. Speaker, I am pleased that we are here today to consider my bill, H.R. 4403, the Securing the Cities Improvement Act.

My bill will help cities build and maintain their security capabilities against nuclear or radiological threats.

While I will emphasize the critical nature of my bill, its effectiveness

hinges upon the reauthorization of the DHS Office of Countering Weapons of Mass Destruction, CWMD.

Without CWMD, the Securing the Cities program will cease to operate. Securing the Cities, also called STC, was launched by the Department of Homeland Security in fiscal year 2007 as a pilot program to support New York City, Jersey City, and Newark, New Jersey, in detecting and preventing nuclear or radiological threats.

Today, the STC program provides 14 local governments, including my hometown of New Orleans, with detection equipment, training, exercise support, operational and technical support, subject matter expertise, and programmatic support.

STC's work in New Orleans has supported important events such as Mardi Gras, which is a very special and joyous time in my hometown. As you know, we will have the Super Bowl next year. This will have a critical impact on its safety and delivering joy to the people of our country and our world.

However, STC is limited to high-risk urban areas designated by the Federal Emergency Management Agency under the Urban Area Security Initiative, or UASI, program.

Linking STC and UASI together can create uncertainty for local governments participating in the program, as the composition of jurisdictions in the UASI program can fluctuate from one year to the next.

To ensure stability within the STC program and maintain partnerships with at-risk cities, I introduced the Securing the Cities Improvement Act. My legislation would allow CWMD to determine which cities to partner with for the STC program based on the jurisdiction's capability and capacity to prepare for and respond to threats of vulnerabilities against terrorist attacks and other high-consequence events utilizing nuclear or other radiological materials.

It would also establish performance metrics and milestones for the STC program and monitor expenditures for the program.

Furthermore, the legislation requires DHS to provide a report to Congress regarding participation in the STC program, the establishment of metrics and milestones for the program, and any proposed modifications for this program.

The bill is a commonsense measure, one that will ensure that our cities are protected from nuclear or radiological threats.

Mr. Speaker, I encourage my colleagues to join me in supporting H.R. 4403, and I reserve the balance of my time.

Mr. Speaker, I yield myself the balance of my time.

Mr. Speaker, H.R. 4403 is important for sustaining local jurisdictions' capabilities to counter chemical, biological, radiological, and nuclear threats.

Without the support of programs like STC, addressing and mitigating threats could become more difficult or cease to exist altogether, which would jeopardize the safety and well-being of every individual residing in our country.

Passage of this legislation is vital to maintaining our preparedness and ensuring the security of the Nation against the evolving challenges posed by terrorist attacks and other high-consequence events that utilize nuclear or radiological materials.

Mr. Speaker, I urge my House colleagues to support H.R. 4403, and I thank Chairman Green for his support in this measure.

Mr. Speaker, I yield back the balance of my time.

Rep. Mark E. GreenR-TN-7 · Mar 5, 2024

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 4403) to amend the Homeland Security Act of 2002 to make improvements to the Securing the Cities program, and for other purposes. Mr.…

Bill Text

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Introduced in HouseIssued June 30, 2023

I

118th CONGRESS

1st Session

H. R. 4430

IN THE HOUSE OF REPRESENTATIVES

June 30, 2023

Mr. McCormick (for himself and Mr. Massie) introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education and the Workforce, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To amend the Immigration and Nationality Act to provide for improved data privacy in the operation of the employment verification system.

1.

Short title

This Act may be cited as the E-Verify Data Privacy and Wrongful Unemployment Act of 2023.

2.

Data privacy

Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended in subsection (d)(2)(D), to read as follows—

(D)

Privacy of information

(i)

In general

Any verification system established by this Section or Section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) must—

(I)

protect the privacy and security of personal information and identifiers utilized in the system; and

(II)

not include data pertaining to—

(aa)

race;

(bb)

religious, political or philosophical beliefs;

(cc)

genetic data;

(dd)

biometric information; or

(ee)

health information or vaccination status.

(ii)

Inspector general report

The Inspector General of the Department of Homeland Security shall conduct an annual study, and publicly make available on its website a report thereon, determining if any verification system system established by this section or section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is being operated in accordance with this section, and other applicable laws, and shall specify any instance in which clause (i)(I) or (II) was violated.

.

3.

Correcting wrongful unemployment

(a)

Temporary employment on good faith basis

If an employer reasonably believes that any verification system established by section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) wrongfully failed to verify an individual with a final nonconfirmation, that employer may hire that individual for not longer than 180 days. The employer shall inform the Secretary immediately of such believed wrongful failure, and of the employment of the individual. If the Secretary determines thereafter that the failure was not wrongful and informs the employer, the employer shall terminate the employment of that individual immediately.

(b)

Remedies

If an individual alleges that the individual would not have been dismissed from a job or would have been hired for a job but for an error of any verification mechanism established by section 401 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note), the individual may seek compensation only through the mechanism of the chapter 171 of title 28, United States Code, and injunctive relief to correct such error. No class action may be brought under this paragraph.