Brady

IN THE SENATE OF THE UNITED STATES

 

Mr. Kaplan (for himself, with thanks to Mr. Graham) introduced the following bill

 

A BILL

 

To amend title 18, United States Code, to protect pain-capable unborn children, 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.

This Act may be cited as the “Protecting Pain-Capable Unborn Children Act”.

 

SEC. 2. LEGISLATIVE FINDINGS AND DECLARATION OF CONSTITUTIONAL AUTHORITY FOR ENACTMENT.

Congress finds and declares the following:

(1) Medical and other authorities now know more about human prenatal development than ever before, including that—

(A) an unborn child first moves about in the womb and first reacts to touch at approximately 8 weeks gestation;

(B) the eyes begin to form at 5 weeks gestation and finish forming by 10 weeks gestation;

(C) eye movements can be detected by ultrasound at 12 weeks gestation;

(D) by 8 to 9 weeks gestation, an unborn child has detectable brain waves;

(E) at 9 weeks gestation—

(i) an unborn child’s diaphragm is developing, and he or she may even hiccup; and

(ii) an unborn child is beginning to move about freely in the womb;

(F) by 9 to 11 weeks gestation, teeth as well as external genitalia begin to form;

(G) by 10 weeks gestation—

(i) all of an unborn child’s organ rudiments are formed and in place;

(ii) the digestive system and kidneys start to function; and

(iii) an unborn child will show a preference for either right-handedness or left-handedness; and

(H) at 12 weeks gestation—

(i) an unborn child can open and close his or her fingers, starts to make sucking motions, and senses stimulation from the world outside the womb; and

(ii) fingernails and fingerprints begin to form.

(2) The Supreme Court of the United States has acknowledged that, by at least 12 weeks gestation, an unborn child has taken on “the human form” in all relevant aspects. Gonzales v. Carhart, 550 U.S. 124, 160 (2007).

(3) Pain receptors (also known as “nociceptors”) begin forming at 7 weeks gestational age. Nerves linking these pain receptors to the brain’s thalamus and subcortical plate form between 12 and 20 weeks gestational age. At no later than 16 weeks gestational age, the first contact occurs between the subcortical plate and these forming fibers.

(4) In considering the use of anesthesia for invasive medical procedures performed on the fetus, doctors have concluded, based on the evidence, that from as early as 12 weeks gestational age, and certainly by 15 weeks gestational age, the fetus is extremely sensitive to painful stimuli, making it necessary to apply adequate analgesia and anesthesia to prevent fetal suffering.

(5) Substantial evidence indicates that neural elements, such as the thalamus and subcortical plate, which develop at specific times during the early development of an unborn child, serve as pain-processing structures, and are different from the neural elements used for pain processing by adults. Recent evidence, particularly since 2016, demonstrates that structures responsible for pain show signs of sufficient maturation beginning at 15 weeks of gestation.

(6) In an unborn child, application of painful stimuli is associated with significant increases in stress hormones known as the stress response.

(7) Subjection to painful stimuli is associated with long-term harmful neurodevelopmental effects, such as altered pain sensitivity and, possibly, emotional, behavioral, and learning disabilities later in life.

(8) For the purposes of surgery on unborn children, fetal anesthesia is routinely administered and is associated with a decrease in stress hormones compared to their level when painful stimuli are applied without such anesthesia.

(9) The assertion by some medical experts that an unborn child is incapable of experiencing pain until a point in pregnancy later than 24 weeks gestational age predominately rests on the assumption that the ability to experience pain depends on the cerebral cortex and requires nerve connections between the thalamus and the cortex. However, recent medical research and analysis, especially since 2007, provide strong evidence for the conclusion that a functioning cortex is not necessary to experience pain.

(10) Substantial evidence indicates that children born missing the bulk of the cerebral cortex, such as those with hydranencephaly, nevertheless experience pain.

(11) In adult humans and in animals, stimulation or ablation of the cerebral cortex does not alter pain perception, while stimulation or ablation of the thalamus does.

(12) The assertion of some medical experts that an unborn child remains in a coma-like sleep state that precludes an unborn child from experiencing pain is inconsistent with the documented reaction of unborn children to painful stimuli and with the experience of fetal surgeons who have found it necessary to sedate an unborn child with anesthesia and provide analgesia to prevent an unborn child from engaging in vigorous movement in reaction to invasive surgery.

(13) Consequently, there is substantial medical evidence that an unborn child is capable of experiencing pain at least by 15 weeks gestational age, if not earlier.

(14) Abortion carries significant physical and psychological risks to the pregnant woman, and these physical and psychological risks increase with gestational age.

(15) The majority of abortion procedures performed after 15 weeks gestation are dismemberment abortion procedures which involve the use of surgical instruments to crush and tear an unborn child apart before removing the pieces of the dead child from the womb.

(16) Medical complications from dismemberment abortions include pelvic infection, incomplete abortions (retained tissue), blood clots, heavy bleeding or hemorrhage, laceration, tear, or other injury to the cervix, puncture, laceration, tear, or other injury to the uterus, injury to the bowel or bladder, depression, anxiety, substance abuse, and other emotional or psychological problems. Further, in abortions performed after 15 weeks gestation, there is a higher risk of requiring a hysterectomy, other reparative surgery, or a blood transfusion.

(17) In subparagraphs (J) and (K) of section 2(14) of the Partial-Birth Abortion Ban Act of 2003 (Public Law 108–105; 117 Stat. 1201), Congress found and declared that late-term abortion, such as a dismemberment abortion, “confuses the medical, legal, and ethical duties of physicians to preserve and promote life, as the physician acts directly against the physical life of a child” and “undermines the public’s perception of the appropriate role of a physician”.

(18) “The [Supreme] Court has given state and federal legislatures wide discretion to pass legislation in areas where there is medical and scientific uncertainty.” Gonzales v. Carhart, 550 U.S. at 163. “The law need not give abortion doctors unfettered choice in the course of their medical practice, nor should it elevate their status above other physicians in the medical community.” Gonzales v. Carhart, 550 U.S. at 163. “Medical uncertainty does not foreclose the exercise of legislative power in the abortion context any more than it does in other contexts.” Gonzales v. Carhart, 550 U.S. at 164.

(19) The Supreme Court has held that “[i]t is time to heed the Constitution and return the issue of abortion to the people’s elected representatives.” Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. 2228, 2243 (2022).

(20) The Supreme Court has also held that “[a] law regulating abortion, like other health and welfare laws, is entitled to a ‘strong presumption of validity.’ . . . It must be sustained if there is a rational basis on which the legislature could have thought that it would serve legitimate state interests. . . . These legitimate interests include respect for and preservation of prenatal life at all stages of development . . . ; the protection of maternal health and safety; the elimination of particularly gruesome or barbaric medical procedures; the preservation of the integrity of the medical profession; the mitigation of fetal pain; and the prevention of discrimination on the basis of race, sex, or disability.” Dobbs v. Jackson Women’s Health Organization, 142 S. Ct. at 2239.

(21) It is the purpose of Congress to assert a legitimate governmental interest in protecting the lives of unborn children from the stage at which substantial medical evidence indicates that they are capable of feeling pain.

(22) Congress has authority to extend protection to pain-capable unborn children under—

(A) the Commerce Clause of section 8 of article I of the Constitution of the United States, as interpreted by the Supreme Court; and

(B) the Equal Protection and Due Process Clauses of section 1, and the Enforcement Clause of section 5, of the 14th Amendment to the Constitution.

 

SEC. 3. FEDERAL MINIMUM PROTECTIONS FOR PAIN-CAPABLE UNBORN CHILDREN.

(a) In General.—Chapter 74 of title 18, United States Code, is amended by inserting after section 1531 the following:

Ҥ 1532. Federal minimum protections for pain-capable unborn children

“(a) Unlawful Conduct.—Subject to subsection (g) and notwithstanding any other provision of law, it shall be unlawful for any person to perform an abortion or attempt to do so, unless in conformity with the requirements set forth in subsection (b).

 

“(b) Minimum Requirements For Abortions.—

“(1) ASSESSMENT OF THE AGE OF THE UNBORN CHILD.—The physician performing or attempting the abortion shall first make a determination of the probable gestational age of the unborn child or reasonably rely upon such a determination made by another physician. In making such a determination, the physician shall make such inquiries of the pregnant woman and perform or cause to be performed such medical examinations and tests as a reasonably prudent physician, knowledgeable about the case and the medical conditions involved, would consider necessary to make an accurate determination of gestational age.

“(2) PROHIBITION ON PERFORMANCE OF CERTAIN ABORTIONS.—

“(A) GENERALLY FOR UNBORN CHILDREN 15 WEEKS OR OLDER.—Except as provided in subparagraph (B), the abortion shall not be performed or attempted, if the probable gestational age, as determined under paragraph (1), of the unborn child is 15 weeks or greater.

“(B) EXCEPTIONS.—Subparagraph (A) does not apply if—

“(i) in reasonable medical judgment, the abortion is necessary to save the life of a pregnant woman whose life is endangered by a physical disorder, physical illness, or physical injury, including a life-endangering physical condition caused by or arising from the pregnancy itself, but not including psychological or emotional conditions;

“(ii) the pregnancy is the result of rape against an adult woman, and at least 48 hours prior to the abortion—

“(I) she has obtained counseling for the rape; or

“(II) she has obtained medical treatment for the rape or an injury related to the rape; or

“(iii) the pregnancy is a result of rape against a minor or incest against a minor, and the rape or incest has been reported at any time prior to the abortion to either—

“(I) a government agency legally authorized to act on reports of child abuse; or

“(II) a law enforcement agency.

“(C) REQUIREMENT AS TO MANNER OF PROCEDURE PERFORMED.—Notwithstanding the definitions of ‘abortion’ and ‘attempt’ in this section, a physician terminating or attempting to terminate a pregnancy under an exception provided by subparagraph (B) may do so only in the manner which, in reasonable medical judgment, provides the best opportunity for the unborn child to survive.

“(D) REQUIREMENT THAT A PHYSICIAN TRAINED IN NEONATAL RESUSCITATION BE PRESENT.—If, in reasonable medical judgment, the pain-capable unborn child has the potential to survive outside the womb, the physician who performs or attempts an abortion under an exception provided by subparagraph (B) shall ensure a second physician trained in neonatal resuscitation is present and prepared to provide care to the child consistent with the requirements of subparagraph (E).

“(E) CHILDREN BORN ALIVE AFTER ATTEMPTED ABORTIONS.—When a physician performs or attempts an abortion in accordance with this section, and the child is born alive, as defined in section 8 of title 1 (commonly known as the ‘Born-Alive Infants Protection Act of 2002’), the following shall apply:

“(i) DEGREE OF CARE REQUIRED.—Any health care practitioner present at the time shall humanely exercise the same degree of professional skill, care, and diligence to preserve the life and health of the child as a reasonably diligent and conscientious health care practitioner would render to a child born alive at the same gestational age in the course of a natural birth.

“(ii) IMMEDIATE ADMISSION TO A HOSPITAL.—Following the care required to be rendered under clause (i), the child born alive shall be immediately transported and admitted to a hospital.

“(iii) MANDATORY REPORTING OF VIOLATIONS.—A health care practitioner or any employee of a hospital, a physician’s office, or an abortion clinic who has knowledge of a failure to comply with the requirements of this subparagraph must immediately report the failure to an appropriate State or Federal law enforcement agency or both.

“(F) DOCUMENTATION REQUIREMENTS.—

“(i) DOCUMENTATION PERTAINING TO ADULTS.—A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(ii) shall, prior to the abortion, place in the patient medical file documentation from a hospital licensed by the State or operated under authority of a Federal agency, a medical clinic licensed by the State or operated under authority of a Federal agency, from a personal physician licensed by the State, a counselor licensed by the State, or a victim’s rights advocate provided by a law enforcement agency that the adult woman seeking the abortion obtained medical treatment or counseling for the rape or an injury related to the rape.

“(ii) DOCUMENTATION PERTAINING TO MINORS.—A physician who performs or attempts to perform an abortion under an exception provided by subparagraph (B)(iii) shall, prior to the abortion, place in the patient medical file—

“(I) documentation from a government agency legally authorized to act on reports of child abuse that the rape or incest was reported prior to the abortion; or

“(II) as an alternative, documentation from a law enforcement agency that the rape or incest was reported prior to the abortion.

“(G) INFORMED CONSENT.—

“(i) CONSENT FORM REQUIRED.—The physician who intends to perform or attempt to perform an abortion under the provisions of subparagraph (B) may not perform any part of the abortion procedure without first obtaining a signed Informed Consent Authorization form in accordance with this subparagraph.

“(ii) CONTENT OF CONSENT FORM.—The Informed Consent Authorization form shall be presented in person by the physician and shall consist of—

“(I) a statement by the physician indicating the probable gestational age of the pain-capable unborn child;

“(II) a statement that Federal law allows abortion after 15 weeks probable gestational age only if—

“(aa) the mother’s life is endangered by a physical disorder, physical illness, or physical injury; or

“(bb) the pregnancy was the result of—

“(AA) rape; or

“(BB) an act of incest against a minor;

“(III) a statement that the pregnancy must be terminated by the method most likely to allow the child to be born alive unless this would cause significant risk to the mother;

“(IV) a statement that in any case in which an abortion procedure results in a child born alive, Federal law requires that child to be given every form of medical assistance that is provided to children spontaneously born prematurely, including transportation and admittance to a hospital;

“(V) a statement that these requirements are binding upon the physician and all other medical personnel who are subject to criminal and civil penalties and that a woman on whom an abortion has been performed may take civil action if these requirements are not followed; and

“(VI) affirmation that each signer has filled out the informed consent form to the best of their knowledge and understands the information contained in the form.

“(iii) SIGNATORIES REQUIRED.—The Informed Consent Authorization form shall be signed in person by the woman seeking the abortion, the physician performing or attempting to perform the abortion, and a witness.

“(iv) RETENTION OF CONSENT FORM.—The physician performing or attempting to perform an abortion must retain the signed informed consent form in the patient’s medical file.

“(H) REQUIREMENT FOR DATA RETENTION.—Paragraph (j)(2) of section 164.530 of title 45, Code of Federal Regulations, shall apply to documentation required to be placed in a patient’s medical file pursuant to subparagraph (F) of subsection (b)(2) and a consent form required to be retained in a patient’s medical file pursuant to subparagraph (G) of such subsection in the same manner and to the same extent as such paragraph applies to documentation required by paragraph (j)(1) of such section.

“(I) ADDITIONAL EXCEPTIONS AND REQUIREMENTS.—

“(i) IN CASES OF RISK OF DEATH OR MAJOR INJURY TO THE MOTHER.—Subparagraphs (C), (D), and (G) shall not apply if, in reasonable medical judgment, compliance with such paragraphs would pose a greater risk of—

“(I) the death of the pregnant woman; or

“(II) the substantial and irreversible physical impairment of a major bodily function, not including psychological or emotional conditions, of the pregnant woman.

“(ii) EXCLUSION OF CERTAIN FACILITIES.—Notwithstanding the definitions of the terms ‘medical treatment’ and ‘counseling’ in subsection (g), the counseling or medical treatment described in subparagraph (B)(ii) may not be provided by a facility that performs abortions (unless that facility is a hospital).

“(iii) RULE OF CONSTRUCTION IN CASES OF REPORTS TO LAW ENFORCEMENT.—The requirements of subparagraph (B)(ii) do not apply if the rape has been reported at any time prior to the abortion to a law enforcement agency or Department of Defense victim assistance personnel.

 

“(c) Criminal Penalty.—Whoever violates subsection (a) shall be fined under this title or imprisoned for not more than 5 years, or both.

 

“(d) Bar To Prosecution.—A woman upon whom an abortion in violation of subsection (a) is performed or attempted may not be prosecuted under, or for a conspiracy to violate, subsection (a), or for an offense under section 2, 3, or 4 of this title based on such a violation.

 

“(e) Civil Remedies.—

“(1) CIVIL ACTION BY A WOMAN ON WHOM AN ABORTION IS PERFORMED.—A woman upon whom an abortion has been performed or attempted in violation of any provision of this section may, in a civil action against any person who committed the violation, obtain appropriate relief.

“(2) CIVIL ACTION BY A PARENT OF A MINOR ON WHOM AN ABORTION IS PERFORMED.—A parent of a minor upon whom an abortion has been performed or attempted under an exception provided for in subsection (b)(2)(B), and that was performed in violation of any provision of this section may, in a civil action against any person who committed the violation obtain appropriate relief, unless the pregnancy resulted from the plaintiff’s criminal conduct.

“(3) APPROPRIATE RELIEF.—Appropriate relief in a civil action under this subsection includes—

“(A) objectively verifiable money damages for all injuries, psychological and physical, occasioned by the violation;

“(B) statutory damages equal to 3 times the cost of the abortion; and

“(C) punitive damages.

“(4) ATTORNEYS FEES FOR PLAINTIFF.—The court shall award a reasonable attorney’s fee as part of the costs to a prevailing plaintiff in a civil action under this subsection.

“(5) ATTORNEYS FEES FOR DEFENDANT.—If a defendant in a civil action under this subsection prevails and the court finds that the plaintiff’s suit was frivolous, the court shall award a reasonable attorney’s fee in favor of the defendant against the plaintiff.

“(6) AWARDS AGAINST WOMAN.—Except as provided in paragraph (5), in a civil action under this subsection, no damages, attorney’s fee or other monetary relief may be assessed against the woman upon whom the abortion was performed or attempted.

 

“(f) Data Collection.—

“(1) DATA SUBMISSIONS.—Any physician who performs or attempts an abortion described in subsection (b)(2)(B) shall annually submit a summary of all such abortions to the National Center for Health Statistics (in this subsection referred to as the ‘Center’) not later than 60 days after the end of the calendar year in which the abortion was performed or attempted.

“(2) CONTENTS OF SUMMARY.—The summary shall include the number of abortions performed or attempted on an unborn child who had a gestational age of 15 weeks or more and specify the following for each abortion under subsection (b)(2)(B):

“(A) The probable gestational age of the unborn child.

“(B) The method used to carry out the abortion.

“(C) The location where the abortion was conducted.

“(D) The exception under subsection (b)(2)(B) under which the abortion was conducted.

“(E) Any incident of live birth resulting from the abortion.

“(3) EXCLUSIONS FROM DATA SUBMISSIONS.—A summary required under this subsection shall not contain any information identifying the woman whose pregnancy was terminated and shall be submitted consistent with the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. 1320d–2 note).

“(4) PUBLIC REPORT.—The Center shall annually issue a public report providing statistics by State for the previous year compiled from all of the summaries made to the Center under this subsection. The Center shall take care to ensure that none of the information included in the public reports could reasonably lead to the identification of any pregnant woman upon whom an abortion was performed or attempted. The annual report shall be issued by July 1 of the calendar year following the year in which the abortions were performed or attempted.

 

“(g) Rules Of Construction.—

“(1) GREATER PROTECTION.—Nothing in this section may be construed to preempt or limit any Federal, State, or local law that provides greater protections for an unborn child than those provided in this section.

“(2) CREATING OR RECOGNIZING RIGHT.—Nothing in this section shall be construed to—

“(A) create or recognize a right to abortion; or

“(B) make lawful an abortion that is unlawful on the date of enactment of this section.

 

“(h) Definitions.—In this section the following definitions apply:

“(1) ABORTION.—The term ‘abortion’ means the use or prescription of any instrument, medicine, drug, or any other substance or device—

“(A) to intentionally kill the unborn child of a woman known to be pregnant; or

“(B) to intentionally terminate the pregnancy of a woman known to be pregnant, with an intention other than—

“(i) after viability, to produce a live birth and preserve the life and health of the child born alive; or

“(ii) to remove a dead unborn child.

“(2) ATTEMPT.—The term ‘attempt’, with respect to an abortion, means conduct that, under the circumstances as the actor believes them to be, constitutes a substantial step in a course of conduct planned to culminate in performing an abortion.

“(3) COUNSELING.—The term ‘counseling’ means counseling provided by a counselor licensed by the State, or a victims rights advocate provided by a law enforcement agency.

“(4) FACILITY.—The term ‘facility’ means any medical or counseling group, center or clinic and includes the entire legal entity, including any entity that controls, is controlled by, or is under common control with such facility.

“(5) FERTILIZATION.—The term ‘fertilization’ means the fusion of a human spermatozoon with a human ovum.

“(6) GESTATIONAL AGE.—The term ‘gestational age’, with respect to an unborn child, means the age of the unborn child calculated from the first day of the pregnant woman’s last menstrual period.

“(7) MEDICAL TREATMENT.—The term ‘medical treatment’ means treatment provided at a hospital licensed by the State or operated under authority of a Federal agency, at a medical clinic licensed by the State or operated under authority of a Federal agency, or from a personal physician licensed by the State.

“(8) MINOR.—The term ‘minor’ means an individual who has not attained the age of 18 years.

“(9) PERFORM.—The term ‘perform’, with respect to an abortion, includes inducing an abortion through a medical or chemical intervention, including writing a prescription for a drug or device intended to result in an abortion.

“(10) PHYSICIAN.—The term ‘physician’ means a person licensed to practice medicine and surgery or osteopathic medicine and surgery, or otherwise legally authorized to perform an abortion.

“(11) PROBABLE GESTATIONAL AGE OF THE UNBORN CHILD.—The term ‘probable gestational age of the unborn child’ means what, in reasonable medical judgment, will with reasonable probability be the gestational age at the time the abortion is performed or induced.

“(12) REASONABLE MEDICAL JUDGMENT.—The term ‘reasonable medical judgment’ means a medical judgment that would be made by a reasonably prudent physician in the field of obstetrics, maternal fetal medicine, or neonatology who is knowledgeable about the case and the treatment possibilities with respect to the medical conditions involved.

“(13) STATE.—The term ‘State’ means any of the several States, the District of Columbia, or any territory or possession of the United States.

“(14) UNBORN CHILD.—The term ‘unborn child’ means an individual organism of the species homo sapiens, beginning at fertilization, until the point of being born alive as defined in section 8(b) of title 1.

“(15) WOMAN.—The term ‘woman’ means a female human being whether or not she has reached the age of majority.”.

 

(b) Clerical Amendment.—The table of sections at the beginning of chapter 74 of title 18, United States Code, is amended by adding at the end the following new item:

“1532. Federal minimum protections for pain-capable unborn child protection.”.

(c) Chapter Heading Amendments.—

(1) CHAPTER HEADING IN CHAPTER.—The chapter heading for chapter 74 of title 18, United States Code, is amended by striking “PARTIAL-BIRTH ABORTIONS” and inserting “ABORTIONS”.

(2) TABLE OF CHAPTERS FOR PART I.—The item relating to chapter 74 in the table of chapters at the beginning of part I of title 18, United States Code, is amended to read as follows:

“74. Abortions 1531”.

 

Plain English Summary

 

This bill establishes a new criminal offense for performing or attempting to perform an abortion if the probable gestational age of the fetus is 15 weeks or more.

 

A violator is subject to criminal penalties—a fine, a prison term of up to five years, or both.

 

The bill provides exceptions for an abortion (1) that is necessary to save the life of the pregnant woman, or (2) when the pregnancy is the result of rape or incest. A physician who performs or attempts to perform an abortion under an exception must comply with specified requirements.

 

A woman who undergoes a prohibited abortion may not be prosecuted for violating or conspiring to violate the provisions of this bill.

IN THE SENATE OF THE UNITED STATES

 

Mr. Kaplan (for himself, with thanks to Mr. Cotton and Mr. Hawley) introduced the following bill

 

A BILL

 

To gradually raise the Federal minimum wage, to permanently reauthorize the Blue Collar Bonus tax credit, 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 2023”.

 

(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. Reauthorization of the Blue Collar Bonus tax credit.
Sec. 6. Establishment of permanent E-Verify program.
Sec. 7. Mandatory E-Verify for all employers.
Sec. 8. Penalty for failure to use E-Verify.
Sec. 9. Enhanced penalties for unauthorized employment.
Sec. 10. E-Verify self-check.
Sec. 11. E-Verify process.
Sec. 12. Good faith defense.
Sec. 13. Preemption.
Sec. 14. Access to information.
Sec. 15. Fraud and misuse of documents.
Sec. 16. Fraud prevention.
Sec. 17. Protection of Social Security Administration programs.
Sec. 18. Inspector General audits.
Sec. 19. Recruitment, referral, and continuation of employment.
Sec. 20. 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 2023;

“(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 2023;

“(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 2023;

“(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 Median Hourly Wage Of All Employees.—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 90 days 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—

“(i) not less than the amount in effect under subsection (a)(1) or subsection (g)(1), respectively, on the date of such determination;

“(ii) increased from such amount by the annual percentage increase, if any, in the median hourly wage of all employees as determined by the Bureau of Labor Statistics; and

“(iii) rounded up to the nearest multiple of $0.05.

“(2) In calculating the annual percentage increase in the median hourly wage of all employees for purposes of subparagraph (A)(ii), the Secretary, through the Bureau of Labor Statistics, shall compile data on the hourly wages of all employees to determine such a median hourly wage and compare such median hourly wage for the most recent year for which data are available with the median hourly wage determined for the preceding year.”.

 

(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 January 1, 2024.

 

SEC. 5. REAUTHORIZATION OF THE BLUE COLLAR BONUS TAX CREDIT.

(a) The tax credit established by the Blue Collar Bonus Act of 2021 is reauthorized for each taxable year after taxable year 2023.

 

(b) (1) Reductions in revenue resulting from the reauthorization of the tax credit provided for in this section shall be recovered from funds appropriated but not yet obligated under the Act to provide for reconciliation pursuant to titles II and V of the concurrent resolution on the budget for fiscal year 2022 until such funds are exhausted.

(2) The Secretary of the Treasury shall determine which such funds described in subsection (b)(1) shall be subject to recovery.

SEC. 6. 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 2023, 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 2023, 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 2023, 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. 7. 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. 8. 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. 9. 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. 10. 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. 11. 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 2023, 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 2023.

“(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 2023, 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. 12. 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. 13. 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. 14. 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 2023); 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 2023); 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. 15. 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. 16. 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. 17. 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. 18. 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. 19. 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. 20. 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.”.

 

Plain English Summary

 

This bill increases the federal minimum wage, permanently reauthorizes the Blue Collar Bonus tax credit, 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 percentage increase in the median wage every two years.

 

The bill also permanently reauthorizes the Blue Collar Bonus tax credit. Reductions in revenue resulting from reauthorization of the tax credit will be offset by recovering unobligated funds from the 2022 Reconciliation Act. Which such funds are subject to recovery is left to the discretion of the Secretary of the Treasury.

 

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.

Kaplan: Confidence in the American Justice System Must Be Restored

 

WASHINGTON, D.C. — In a statement to the press, Senator Jonah Kaplan (R-Utah) responded to news of former President Donald Trump's conviction by the state of Georgia on charges of conspiracy, election tampering, and fraud, as well as the former President's decision to appeal his conviction. In his statement, Senator Kaplan emphasized the importance of allowing legal proceedings to move forward without interference from political leaders, a standard the Senator noted has not been met by leading Democrats.

 

Quote

I've said all along that I'm supportive of fair and impartial legal inquiries into Mr. Trump's conduct related to the 2020 election and January 6th. I stand by that. We've seen legal proceedings unfold in Georgia and now the former President is appealing, as he has every legal right to do. It's up to the courts to determine the merits of his appeal. What I will say is I find the overt politicization of some of these investigations and charges at the state and local level concerning. The federal investigation has been conducted with more professionalism, despite the best efforts of Jimmy Garcia, Osiris Storm, and others to introduce bias and political interference into it.

At the end of the day, I'm confident our justice system is strong enough to withstand all this politicization, but that doesn't mean we should stand for it as the new normal. Confidence in the American justice system must be restored. That should begin with political leaders acting like leaders and taking a neutral position when it comes to matters of justice, not rooting for conviction of political opponents. In America, we fight our political battles on the campaign trail and let voters decide. We don't gleefully root for our political opponents to be jailed like our politics are a zero-sum game in a banana republic. Politicians on both sides of the aisle would do well to remember that before the usually high level of trust the American people have in our justice system is permanently jeopardized.

 

Kaplan Responds to President Sharp's Breast Cancer Diagnosis, Resignation from Office

 

WASHINGTON, D.C. — In a statement to the press, Senator Jonah Kaplan (R-Utah) responded to news of President Abigail Sharp's breast cancer diagnosis and resignation from office. In his statement, Senator Kaplan pledged to work with Acting President Paul Nassakis "on a bipartisan basis" to "demonstrate the continuity and strength of our government" following President Sharp's resignation, and called upon the Acting President and his administration "to pursue a bipartisan, consensus agenda, one that honors President Sharp's pledges to build bridges and unite the American people."

 

Senator Kaplan's full statement is included below.

 

Quote

Abigail Sharp has shown her whole life that she's a fighter, and as she fights cancer she will have the support and prayers of the American people behind her. At a time like this and in a situation like this, our political differences don't matter — we're all rooting for President Sharp. She made a brave and responsible decision in stepping aside from the presidency as she undergoes treatment, one I know couldn't have been easy. It's important now we honor that decision with brave and responsible choices of our own, and demonstrate the continuity and strength of our government. As a Senator representing the state of Utah I stand ready to work with Acting President Nassakis on a bipartisan basis to do that. I hope the Acting President will understand it's more vital than ever for the administration to pursue a bipartisan, consensus agenda, one that honors President Sharp's pledges to build bridges and unite the American people. Though the Acting President wasn't on the campaign trail and wasn't elected alongside President Sharp at the time those pledges were made, that only underscores the importance of upholding them, because that's the mandate he has inherited. I'm confident the Acting President understands that and I'm optimistic about what we will be able to get done to demonstrate continuity and stability in the new Congress.

 

Name: Jonah Kaplan (R-UT)

Media/Outlet: Hannity (Fox News)

Reason: SECURE Act of 2022

• The bill Democrats have introduced isn't a crime bill, it's a soft-on-crime bill. They literally refuse to get tough on crime unless they can get tougher on police. I don't know why it's so difficult for them to put forward a bill that simply strengthens law enforcement. That's what Americans want to see right now.
• This bill also wades into issues that have absolutely nothing to do with safer communities, like provisions that could leave fully informed, fully consenting adults without help or treatment if they decide to detransition after previously undergoing gender transition. It happens all the time, but Democrats want to criminalize it.
• This is radical stuff, and it's like Osiris Storm and Billie Whitmore don't grasp that we just concluded an election, and voters delivered a verdict on bills like this. It wasn't favorable to them. As Barack Obama famously said, elections have consequences. This bill has no place in the lame duck session and it's dead on arrival.
• In the new Congress, Republicans are committed to passing a crime bill that will strengthen law enforcement and protect our neighborhoods. It's going to be a straightforward bill with a clear aim and a clear priority, which is the safety of American families and, above all, our kids. That shouldn't be a tough ask.

Name: Jonah Kaplan (R-UT)

Media/Outlet: Fox & Friends

Reason: Taking Stock of 2022 Election Results

• I'm really encouraged voters entrusted Republicans with a majority in the Senate. I think it will be good for the nation to see more accountability in government, after two years of Democrats relying so heavily on pushing reconciliation bills through with 51 votes. Those days are over.
• But I don't think this is a time for Republicans to rest on our laurels. We need to take stock of what worked in this election, and also what didn't. Where we were successful, candidates promised to stay focused on supporting working and middle class families and making sure their kids have safe neighborhoods.
• The message for Republicans is clear. First, there's no going back to the old consensus before 2016. This is a working class party now and we need to act like it, 24/7 365. But second, it's important for Republican candidates to stay focused on the hopes and dreams of working Americans, not attention grabbing controversies.
• So this is a time not only to hold Democrats accountable and demand the Americans who voted for us aren't left behind, it's also a time to hold ourselves and our own party accountable. When the new Congress starts, we need to be laser focused on delivering the promises we made in this campaign: no more inflation, an economy that works for working Americans, safer streets and secured borders. That's not just a roadmap for our success as a party, it's a roadmap for America's success.

I will second Van Drew's and Cloud's nominations (I'm not sure seconds are necessary as the AB didn't mention them but just in case) and for balance so the RSC will be represented I will also nominate Mike Johnson for HmL

The AB is looking for nominations for House leadership (HmL, HmW, Conference Chair). Per AB instructions, you can either nominate here, or submit nominations to Vesica privately. Deadline is the end of the lame duck session.

Thank you both, but I decline

 

I nominate Lucille McGillicuddy @John E

1 minute ago, Baudin said:

Mr. Chairman,

 

I nominate Lucille McGillicuddy 

 

@John E

 

I'll second

 

Though I also nominate Robert Kessler @Conrad

1 minute ago, Baudin said:

Mr. Chairman,

 

I nominate Kyle Fitzgerald

 

@TexAgRepublican

 

I second

Thanks, but I decline

I nominate Richard Baudin
 

@Baudin

Just now, Baudin said:

Mr. Chairman,

 

I nominate Michael Madison

 

@SWMissourian

 

I second

Nominations for President pro tempore of the Senate for the upcoming 118th Congress will be open for the next 72 hours. Candidates may be self-nominated or nominated by another member of the party. Each nomination must be seconded, and a candidate can't self-second their own nomination. If a candidate is nominated by someone else, they must accept their nomination in order for their candidacy to be valid for the election.

 

Nominated

Jonah Kaplan (Brady)
Kyle Fitzgerald (TexAgRepublican)
Lucille McGillicuddy (John E)

 

Seconded

Jonah Kaplan (Brady)
Kyle Fitzgerald (TexAgRepublican)
Lucille McGillicuddy (John E)

 

Accepted

Lucille McGillicuddy (John E)

Nominations for Senate Majority Whip for the upcoming 118th Congress will be open for the next 72 hours. Candidates may be self-nominated or nominated by another member of the party. Each nomination must be seconded, and a candidate can't self-second their own nomination. If a candidate is nominated by someone else, they must accept their nomination in order for their candidacy to be valid for the election.

 

Nominated

Michael Madison (SWMissourian)

 

Seconded

Michael Madison (SWMissourian)

 

Accepted

Michael Madison (SWMissourian)

Nominations for Senate Majority Leader for the upcoming 118th Congress will be open for the next 72 hours. Candidates may be self-nominated or nominated by another member of the party. Each nomination must be seconded, and a candidate can't self-second their own nomination. If a candidate is nominated by someone else, they must accept their nomination in order for their candidacy to be valid for the election.

 

Nominated
Jonah Kaplan (Brady)
Lucille McGillicuddy (John E)
Robert Kessler (Conrad)

 

Seconded

Lucille McGillicuddy (John E)
Robert Kessler (Conrad)

 

Accepted

Robert Kessler (Conrad)

Nominations for RNC Chair for the upcoming 118th Congress will be open for the next 72 hours. Candidates may be self-nominated or nominated by another member of the party. Each nomination must be seconded, and a candidate can't self-second their own nomination. If a candidate is nominated by someone else, they must accept their nomination in order for their candidacy to be valid for the election.

 

Nominated

Richard Baudin (Baudin)

 

Seconded

Richard Baudin (Baudin)

 

Accepted

Richard Baudin (Baudin)

Yea

 

Quote

REPUBLICAN PARTY AP BUDGET, ROUND 3

Rallies: 10 APs
[Live Free, Manchester, New Hampshire] = 5 APs
[Problem Solvers, Allentown, Pennsylvania] = 5 APs

 

Speeches: 12 APs
[Senator Jonah Kaplan, 2 Locations] = 4 APs

[Senator Kyle Fitzgerald, 1 Location] = 2 APs
[Senator Lucille McGillicuddy, 1 Location] = 2 APs
[Senator Michael Madison, 2 Locations] = 4 APs

 

Ads: 24 APs
[Action Plan, GA/NC/WI, 3 Runs] = 6 APs
[Sharpflation, NH/NJ, 2 Runs] = 6 APs
[Cha-Ching, NV/NJ, 2 Runs] = 6 APs
[True Crime, PA/WI, 2 Runs] = 6 APs

 

Infrastructure: 34 APs
[Canvassing Ops, GA, Level III] = 6 APs
[Canvassing Ops, NH, Level III] = 6 APs
[Canvassing Ops, NJ, Level III] = 6 APs
[Turnout Ops, PA, Level III] = 6 APs
[Canvassing Ops, NV, Level II] = 4 APs
[Canvassing Ops, WI, Level II] = 4 APs
[Canvassing Ops, NC, Level I] = 2 APs

 

SPEECHES
 

Quote

Speaker: Senator Lucille McGillicuddy (R-FL)

Location: Marietta, Georgia

APs Expended: 2 APs

Target Demographics: (1) Social Conservatives, (2) Mainstream Republicans, (3) Suburban Voters

 

"It's a pleasure to speak in favor of two Republican candidates for statewide office:  Geoff Duncan for Senate, and Marjorie Taylor Greene for Governor.  Geoff is an athlete, a businessman, and a dedicated public servant.  He is a man of unshakeable integrity who will fight for lower taxes, law enforcement, and against funding of abortions.  Senator Raphael Warnock is a wolf in sheep's clothing, a pretend mainstream candidate who supports abortion for all nine months; supports biological males invading girls' sports and lockerooms; and whose "Gospel" begins and ends at government taking ever more of your earning and spending it on whatever Democrats can think of.  Geoff is a mainstream, Georgia Republican who will serve you well.

 

"As for Marjorie Taylor Greene, you never have to guess where she stands on any issue.  And she never backs down from a fight. This is a very close election, and Georgia needs an open conservative rather than another faux moderate, Sanford Bishop.  Now, Bishop was once a moderate Democrat, but he has followed his caucus all the way to the Left.  If you want sanctuary cities in Georgia, if you want wokeness to infiltrate our schools, if you think men can pretend to be women, well, Sanford Bishop is your man.  But if you want someone who will fight with all her might against these things, that's Marjorie Taylor Greene.  Let's send a message to those pretend moderate Georgia Dems, all of whom are just San Francisco liberals with a Southern drawl!" (250 words)

 

Quote

Speaker: Senator Michael Madison (R-MO)

Location: Alpharetta, Georgia

APs Expended: 2 APs

Target Demographics: (1) Independent Voters, (2) Suburban Voters, (3) Moderate Republicans

 

"Georgia is growing because of its excellent record of pro-growth governance and traditional values. We can’t let that go to waste by electing left-wing Democrats. 
 

“Make no mistake, the Democrats are completely captured by their leftist activist base. Senate Democrats spent most of this session pushing bills that would force police departments to disengage or be hounded by lawsuits and red tape courtesy of criminals and leftist interest groups. They just voted against increased penalties for kidnapping, robbery, carjacking, and candy-flavored drug trafficking. Our nation’s capital considered a mandatory curfew because of the violence, but even ‘Blue Dogs’ like Whitmore claim it’s all just fiction. 
 

“On top of that, they’ve voted to send your tax dollars to gender experiments on kids. They’ve voted to force you to fund abortions at home and abroad. They’ve refused to secure our border. They’ve jacked up government spending to levels unseen in peacetime, and with that, enormous tax hikes that make America uncompetitive and slow down our economy. That’s what happens when you put radicals in the mold of Bernie Sanders in charge of the government purse. 
 

“Georgia needs bulwarks against this kind of destructive governance. That’s where Marjorie and Geoff come in. They’ve had their disagreements, but both of them know and agree that leftism can’t and won’t fly down here in Georgia. They’ll stop the soft-on-crime policy, exorbitant taxation, and radical progressive activism from coming here to Georgia and raining on the sunshine of the Peach State’s golden era." (247 words)

 

Quote

Speaker: Senator Jonah Kaplan (R-UT)

Location: Las Vegas, Nevada

APs Expended: 2 APs

Target Demographics: (1) Independent Voters, (2) Working Class Families, (3) Tourism Industry Workers

 

"Joe and Adam understand how much working families need our support in this economy. Record high inflation caused by Democrats' reckless spending is driving up costs for Nevada's families. Americans everywhere are tightening their belts and aren't doing much traveling — and that's hurting your tourism industry, the lifeblood of Nevada's economy.

 

"Republicans answered this crisis months before Democrats did with a comprehensive plan to reduce inflation, which would have lowered energy costs, cut spending, and scrapped burdensome regulations. But we also answered with the Blue Collar Bonus, which ensured the lowest paid working Americans are seeing thousands of dollars more per year.

 

"In Congress, Democrats recently voted against extending the Blue Collar Bonus. If it's not extended next year, your wages will drop to the level they were before the Blue Collar Bonus went into effect. Those are the stakes. We need Adam with us in the Senate to extend the Blue Collar Bonus, and to help us enact the rest of our plan to fight inflation. Republicans will cut taxes and regulations that are limiting production and blocking our supply chain. And you need Joe in Carson City to fight for reining in spending, tax relief for working families, and help for Nevada's struggling tourism industry. You haven't gotten this from Steve Sisolak and Kate Marshall, so why would they start now? If you think it's time for a change in Nevada, on Election Day it's so important you get out there and vote for Joe and Adam." (249 words)

 

Quote

Speaker: Senator Kyle Fitzgerald (R-TX)

Location: Reno, Nevada

APs Expended: 2 APs

Target Demographics: (1) Middle Class Families, (2) Immigration Hawks, (3) Law Enforcement

 

"Nevada is lucky to have two amazing Republican candidates here, Joe Lombardo and Adam Laxalt. Both of these men have extensive law enforcement backgrounds. Joe is a Sheriff and Adam was the Attorney General here in Nevada. This background is so important because of the crime wave gripping America right now. 

 

"This crime wave is happening because of soft-on-crime Democrats at all levels of government – all the way up to Abigail Sharp. After taking control of the federal government more than a year ago, Democrats started off by trying to pass legislation that would have weakened and neutered our police. Fortunately, Republicans blocked those bills. Today, Democrats are still voting against Republican proposals to fight crime – including efforts to crack down on organized retail crime that drives up prices for consumers. 

 

"Adam and Joe will help get the situation under control and be tough on crime. They will support our police, keep violent criminals off our streets, and enforce our immigration laws. They understand that law and order is essential to a civilized society and that career criminals should not roam free in Nevada. 

 

"Nobody is going to be tougher on crime than Joe and Adam. They will ensure that all levels of government work together to keep Nevada’s communities safe. On Election Day, get out there and vote for Adam Laxalt and Joe Lombardo. The safety of your family may depend on it." (236 words)

 

Quote

Speaker: Senator Jonah Kaplan (R-UT)

Location: Elizabeth, New Jersey

APs Expended: 2 APs

Target Demographics: (1) Working Class Families, (2) Latino Voters, (3) Catholic Voters

 

"Folks, Democrats are trying to portray Chris Smith as an extremist. Yes, your Chris Smith, the guy from Rahway who has spent his career representing New Jersey. It's ludicrous. If you want to talk about extremism, let's talk about the agenda Jim Johnson will support if he's elected.

"Like me and many Americans, Chris believes taxpayer dollars shouldn't be going to abortion or abortion providers. That's a mainstream position. Democrats who insist you should foot the bill for someone else's abortion are the ones outside the mainstream on this.

"Republicans in Congress recently fought to extend the Child Tax Credit to pregnant moms. Democrats said no, because it's not consistent with their ideology. That's extreme.

"Senate Republicans secured a tax credit for families to send their kids to the school of their choice, a bill Chris sponsored in the House. If Democrats control Congress again next year, the fate of school choice is uncertain because of uproar from far left extremists.

"For decades in Congress, Chris has shown he's an independent thinker who isn't afraid to disagree with others in his party and advocate for New Jersey's values, on everything from supporting New Jersey's unions, to climate change, and other issues important to you. When's the last time you saw Jim Johnson disagree with a single thing his party is doing in Washington? If you want someone who will put New Jersey first, Chris Smith has been your guy for forty years, and he still is." (246 words)

 

Quote

Speaker: Senator Michael Madison (R-MO)

Location: Red Bank, New Jersey

APs Expended: 2 APs

Target Demographics: (1) Independent Voters, (2) Suburban Voters, (3) Moderate Republicans

 

"Democrats think that big government and more taxes are the solution to every problem. They passed two massive spending bills with an unprecedented amount of peacetime spending in them. They passed the largest tax increases on the economy in decades. Basically, Democrats never met a tax they didn’t like or a government economic program they thought needed to end. While all of that sounds nice, it has real consequences, sacrificing economic dynamism, individual economic liberty, and encouraging the march toward socialist planned economic tyranny over the organic, bottom-up approach we’ve prospered under. 
 

“In real terms, that means higher taxes and costs for you. It means less jobs, more overhead imposed by the government, and less innovation. 
 

“And in the areas it matters, like law and order, Democrats would prefer to do nothing. Democrats voted against stronger enforcement and stricter penalties for robbery, carjacking, drug trafficking, and more. They voted to make police more vulnerable to litigation instead of allowing them to do their jobs. They want more control, but not to actually make your everyday life better or safer. Like Bob Menendez, they just want greater ability to rig things in their favor.

 

“Chris Smith actually believes in smart economic policy designed to put people first without sacrificing economic freedom. Chris believes in a government that fulfills its most basic duty of keeping law-abiding, hard-working citizens like you safe. To Senate Democrats, that makes him extreme, but to everyone else, that just means he has a lick of common sense." (250 words)

RALLIES

 

Quote

Rally Title: Live Free

Speakers: Senator Michael Madison (R-MO), Senator Jonah Kaplan (R-UT), Senator Lucille McGillicuddy (R-FL), Governor Chris Sununu (R-NH)

Location: Manchester, New Hampshire

APs Expended: 5 APs
Target Demographics: (1) Independent Voters, (2) Middle Class Families, (3) Fiscal Conservatives

Senator Michael Madison:

"Unfortunately, our friends in the Democratic Party believe the expert class, the unaccountable bureaucrats, can say better than you what you should do, if you can even go in public, or where your kids go to school. This isn’t a new problem—Ronald Reagan warned about surrendering our power to ‘a little intellectual elite in a far-distant capital’, which we must also be on guard against today. It comes up when Democrats hike taxes because they believe they can spend the people’s money better than they can and when they and their special interest buddies tell us where we can and can’t send our kids to school and what they’re gonna be taught—no matter how we feel about it. 
 

“Republicans disagree. That’s why we got historic school choice legislation passed on the federal level this Congress, despite being in the minority. That’s why we fought against school closures during the pandemic, even when Democrats and teachers’ unions fought tooth and nail to keep them shut. That’s why we believe parents should have a say in what their children are taught. Chris and Kelly are a proud part of that record, working to stop government intrusion and support the power of the people their entire careers. Chris and Kelly both support giving parents a say in their kids’ education, and they both support the rights of the people over the raw power of the bureaucrats. They’re the kind of leaders we need in Washington." (242 words)

Senator Lucille McGillicuddy:

"We have all suffered through Sharpflation over the past year.  We have seen the highest inflation rate in forty years.  High inflation is a symptom of economic mismanagement:  of too many dollars chasing too few goods.  Democrats have forced through trillions of dollars in extra spending when it is not needed to help the economy.  At the same time, they have shown no urgency in increasing fuel supplies.  We now face high double digit increases in the cost of gasoline and groceries.  And this hits especially hard here in New Hampshire, where most of you depend on oil heat in the winter.  When your home heating bills double or triple, that makes it hard to pay your rent or mortgage; it makes it hard to feed your family.  You're really stuck!

 

"That's why I want Kelly Ayotte to be your next governor, and for Chris Sununu to join me in the Senate.  They are committed to the fight against inflation.  They understand that tough choices have to be made, and that we cannot keep growing government and shoving ever more dollars into whatever progressive pet projects come up.  Kelly and Chris are mainstream Reagan Republicans who won't waste time pretending that the 2020 election was stolen.  They will concentrate on what matters now:  the challenges confronting us today, and the best way to meet those challenges." (226 words)

Senator Jonah Kaplan:

"New Hampshire has always been a state that shies away from too much taxing and spending. Now the rest of the country is seeing the wisdom of that in the midst of record setting inflation. Well, some of us are.

"Democrats in Washington, including Maggie Hassan, just passed trillions more in spending and tax increases. The spending will toss more money into circulation, the tax increases will dampen production, reducing supply. That's how we get more inflation.

"Republicans are committed to reducing inflation and doing it in a way that will help folks here in New Hampshire. As you head into winter and need to heat your homes, you're grappling with higher costs for heating oil or your gas or electric furnaces. That's just one of many examples of how badly families in New Hampshire need an all of the above approach to energy.

"If you elect Chris and Kelly, they're going to help us deliver. In the Senate, Chris will help us slash burdensome regulations and unleash our domestic energy supply. He'll also work with us to make smart clean energy investments into nuclear power, carbon capture, and practical renewables. With Kelly as your Governor, she can make sure some of these energy jobs are coming home to New Hampshire, keeping taxes low for your families and for job creators. This is how we solve an inflation problem, not with more taxing and spending. We need you to elect Chris and Kelly to help us get it done." (250 words)

Governor Chris Sununu:

"After two years of record setting inflation, it's safe to say that whatever Washington's doing, it isn't working. If I'm elected to the Senate, I'm going to advocate for Congress to do things the New Hampshire way.

"We all know what the New Hampshire way is, right? We spend within our means, and we keep taxes low. We do that because it's common sense. If you keep accumulating debt, eventually the bill comes due, one way or another. If you jack up taxes to pay for out of control spending, you discourage investment and that limits production. If investment and production are limited while demand is high, you get inflation, higher costs for you. It's economics 101.

"In New Hampshire, we get it. Now we need to make sure the people representing us get it too. If I'm elected to the Senate I'm going to work to take back as much spending as we can from the latest Democratic spending bill, and repeal its tax increases. I'm going to advocate for tax relief for you and your families instead, like the Blue Collar Bonus and the Child Tax Credit for pregnant moms. And there's no one I trust more to keep taxes low here in New Hampshire than Kelly Ayotte, who has shown through her whole career she understands the importance of economics the New Hampshire way. If you entrust us with representing you, we're going to make defeating inflation and tax relief our number one priority." (247 words)

 

Quote

Rally Title: Problem Solvers

Speakers: Senator Michael Madison (R-MO), Senator Jonah Kaplan (R-UT), Senator Lucille McGillicuddy (R-FL), Representative Brian Fitzpatrick (R-PA)

Location: Allentown, Pennsylvania

APs Expended: 5 APs
Target Demographics: (1) Working Class Families, (2) Suburban Voters, (3) Law Enforcement
 

Senator Michael Madison:

"Democrats don’t want to believe the crime wave affecting working families across the nation is real. Just take a look around Philadelphia, or ask a police officer. Even D.C. had to consider a mandatory curfew because of crime. The emperor has no clothes, but don’t expect them to say anything! 
 

“Because it isn’t them or their elite donor pals in Hollywood that are affected, is it? They can afford to hide behind their hired security and pretend the problem doesn’t exist, but hard-working folks like those right here in Allentown can’t. The border is wide open, and drugs are flowing freely into our streets because of it. Thousands of Americans are being killed by overdosing in fentanyl—many here probably have a lost a loved one. They can afford to ignore that problem too. But again, the working folks who make up the backbone of our country see it everyday.
 

“It’s time we stop abandoning Americans to the chaos. We must acknowledge that crime is real and the cost is terrible. Then do something to stop it. Democrats aren’t the ones for the job. That’s why Charlie Dent and Brian Fitzpatrick are running this year. Charlie and Brian know that you have to keep law-abiding citizens safe if you want a strong society where children grow up happy, healthy, ready to contribute their part. 
 

“In Washington and Harrisburg, they’ll stop the far-left activists holding back law enforcement and make our streets safe for families again." (244 words)

Senator Lucille McGillicuddy:

"It is a true pleasure to support Charlie Dent and Brian Fitzpatrick.   They are both independent-minded, courageous men who approach the offices they seek with no illusions.  It's interesting ... recently Democrats have claimed that any crime wave in America is "fictional."  Apparently, we have all imagined the huge death toll from fentanyl coming from China across our borders.  We have imagined young women being brutally murdered by illegal aliens.  We have imagined the massive wave of retail thefts because Democrat prosecutors won't do their jobs.  We are imagining the withering of downtowns across the country because of crime.  Democrats say none of this is happening!  Is it any wonder that they have wasted the Senate's time trying to hamstring the police?

"Charlie Dent will be a tough, law and order governor, unlike the shambling disaster who currently sits in Harrisburg.  And Brian Fitzpatrick will bring his passion for public safety to the U.S. Senate.  Pennsylvania needs a man of his word, and not a slick, empty vessel like Conor Lamb, yet another one of these Democrats who says he is moderate in his state, but votes just like the wackiest liberals in Washington.  Every single Democrat votes in lockstep.  Don't fall for Conor Lamb's act!  Vote for Brian Fitzpatrick and Charlie Dent for safe streets, homes and communities." (218 words)
 

Representative Brian Fitzpatrick:

"We need leadership in Washington on the issues that matter to Pennsylvanians, and there's no issue that matters more than addressing the fentanyl crisis. Fentanyl is killing Pennsylvanians and we can't afford to wait around for two more years to see if Osiris Storm will ever make this crisis a priority.

 

"If I'm elected to the Senate, I won't rest until we pass Robert Kessler's bill to stop fentanyl on our southern border. That bill would mandate unprecedented cooperation with the Mexican government to end fentanyl trafficking. It has languished in Congress for months, and it needs a vote without delay.

"But we also know fentanyl is a symptom — despair is the disease. Pennsylvanians and Americans everywhere need to believe the American Dream is something they can achieve again. That's why we're also going to extend the Blue Collar Bonus to continue boosting wages for lower wage workers. We're going to extend the Child Tax Credit to pregnant moms. We're going to roll back restrictions on our energy industry so we can create good jobs with good pay for American workers, including protecting natural gas jobs here in Pennsylvania. We're going to prioritize community college, vocational education, and job training to make sure everyone can make a good living.

"We have to get all of this done for Pennsylvania's families, and if you send me to Washington I'm going to roll up my sleeves and get to work on solutions to this crisis." (243 words)

Senator Jonah Kaplan:

"I've been so proud to support Charlie and Brian, because these guys are problem solvers. They get things done. We need more of that in our government, because the stakes are too high for inaction.

"As Americans have emerged from COVID lockdowns we've seen a troubling, sharp rise in crime. School children have faced terror and tragedy. Violence on our streets is surging. Dangerous criminals are crossing our southern border and taking the lives of innocent Americans. Fentanyl is flooding across the border too and poisoning too many Americans, leaving families and communities shattered.

"Charlie and Brian want to do something about it, and so do Republicans up and down the ballot. Republicans in Congress are going to pass legislation to put more cops on the beat, no strings attached. We're going to pass Samantha's Law, to make sure violent criminals who came here illegally are swiftly deported, and don't come back. We're going to prioritize stopping the flow of fentanyl, and we're going to pass legislation to improve access and quality for mental health care and drug treatment.

"We need you to send Brian to the Senate to get this done with us. We need you to send Charlie to Harrisburg, to make sure Pennsylvania will partner with us in cracking down on crime, illegal immigration, and the flow of drugs. We can solve these problems together, but we need to elect candidates who are serious about getting it done, and have a plan to do it." (248 words)

 

ADVERTISEMENTS

 

Quote

Ad Title: Action Plan

Type: Radio

Location: Georgia (1 run), North Carolina (1 run), Wisconsin (1 run)

APs Expended: 6 APs

 

Ad begins with intense music

Male Narrator: “Under the Sharp Administration, the most powerful country in the world has turned over its own southern border to the cartels. As a result, our cities are being overwhelmed, and Americans are losing their lives. Now is the time to act, but Democrats have no plan!” 
Music transitions to slightly more upbeat but still fast-paced

Male Narrator: “Republicans will pass Samantha’s Law, closing loopholes and enacting stronger enforcement of immigration law. They will pass E-verify and boost infrastructure at the border. It’s clear who has a plan and who refuses to see the problem. This year, vote to secure America.”

(30 seconds according to wordcounter.net)

 

Quote

Ad Title: Sharpflation

Type: Television

Location: New Hampshire (1 run), New Jersey (1 run)

APs Expended: 6 APs

 

Female Narrator:  "Abigail Sharp sure has made a difference as President.  Gas prices are soaring to $4 or $5 per gallon"  
Video of angry motorist appears:  

 

Narrator:  "Too many items in the supermarket have doubled in price"
Video of stunned grocery shopper appears:

 

Narrarator:  "It's even become too expensive to heat your home in the winter!"
Video appears of shivering elderly couple at home:
 

 

Narrarator:  "Enough is enough!  On election day, send Chris Sununu/Chris Smith to the U.S. Senate to stop government overspending, to fix our supply chains, and to end Sharpflation!"

(23 seconds according to wordcounter.net)

 

Quote

Ad Title: Cha-Ching

Type: Television

Location: Nevada (1 run), New Jersey (1 run)

APs Expended: 6 APs

 

Ad begins with a shot of a slot machine with the slots spinning and slot machine sound effects.
Female Narrator: Republicans in Congress passed a Blue Collar Bonus to raise wages for workers in [State].
The first slot stops on a red elephant elephant.
Female Narrator: If Congress doesn't act next year, your wages will drop. But Osiris Storm and [Democratic Candidate] are playing games with your pay. 

The second slot stops on a blue donkey with a red no symbol over it.
Female Narrator: This Election Day, tell Democrats in Washington you can't afford for them to gamble with your wages. Elect [Senate Candidate] — he'll renew the Blue Collar Bonus and make work pay.
The last slot stops on a golden dollar sign. The machine's lights flash with sirens sounding and a sound similar to coins dropping as the ad fades to black.

(23 seconds according to wordcounter.net)

 

Quote

Ad Title: True Crime

Type: Television

Location: Pennsylvania (1 run), Wisconsin (1 run)

APs Expended: 6 APs

 

Ad begins with MSNBC footage of Senator Whitmore

Whitmore: “We can't have members of the Senate going on television crying about fictional crime waves…” 

As audio of shouts and violence plays, footage of news coverage of crimes with overlaid, slightly transparent headlines about DC’s curfew and murder of political staff takes the screen

Female Narrator: “For ivory tower Democrats, the crime wave may be fictional. For the rest of us, it’s very real. But Democrats still voted against cracking down on violent crimes and legal protections for police officers.” 
Headlines/C-SPAN footage of Democrats voting against Madison I and II of the PROTECT Law Enforcement Act plays before going to a generic, somewhat blurry video of a crime scene with police cruisers flashing their lights and yellow tape. 
Female Narrator: “Vote [candidate name] because it’s time for [Washington/state capital] to get real on crime.”

(25 seconds according to wordcounter.net)

 

INFRASTRUCTURE

 

Quote

Canvassing Ops - Georgia - Level III = 6 APs
Canvassing Ops - New Hampshire - Level III = 6 APs
Canvassing Ops - New Jersey - Level III = 6 APs
Turnout Ops - Pennsylvania - Level III = 6 APs

Canvassing Ops - Nevada - Level II = 4 APs
Canvassing Ops - Wisconsin - Level II = 4 APs

Canvassing Ops - North Carolina - Level I = 2 APs

 

Yea

Yea

Madam President,

 

I regret that we were unable to do more to support law enforcement and the safety of our communities with what were, in my view, very common sense amendments that were not in any sense controversial. I continue to support this bill for what it does accomplish though and I hope colleagues on both sides of the aisle will too.

 

I second the motion for cloture.

 

Thank you, I yield.

12 GPs for a high boost of the New Hampshire GOP

 

12 GPs for a high boost of the New Jersey GOP

Yea