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Washington Labor & Employment Wire » House Passes Economic Stimulus Package Including E-Verify Amendment

House Passes Economic Stimulus Package Including E-Verify Amendment


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On January 28, 2009, the House passed the $819 billion economic stimulus package (H.R. 1) by a vote of 244-188. The package, among other things, includes an amendment requiring federal contractors who receive funds from the stimulus package to use the E-Verify system. Rep. Jack Kingston (R-Ga.) added the amendment to the stimulus package during a January 21, 2009 markup by the House Financial Committee, which approved the language by voice vote.

E-Verify is an internet-based system administered by the Department of Homeland Security’s U.S. Citizenship and Immigration Services, in partnership with the Social Security Administration, that allows employers to verify employees’ work eligibility. The rule applies to all contracts lasting longer than 120 days and valued over $100,000, as well as any subcontracts over $3,000 for services or construction. Contracts for commercially available off-the-shelf items are exempted.

Originally scheduled to go into effect on January 15, 2009, DHS has postponed the implementation of the program twice. On January 9, 2009, DHS delayed until February 20, and on January 28, DHS further extended implementation until May 21, 2009.

The bill passed to the Senate for consideration in early February 2009.