[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4430 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 4430
To amend the Immigration and Nationality Act to provide for improved
data privacy in the operation of the employment verification system.
_______________________________________________________________________
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``E-Verify Data Privacy and Wrongful
Unemployment Act of 2023''.
SEC. 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.''.
SEC. 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.
<all>