Hire American Act

This Act may be cited as the “Hire American Act”.

(a) In general.— Subchapter I of chapter 31 of title 5, United States Code, is amended by adding at the end the following new section:

“3117. Restriction on employment of noncitizens.—

(a) In general.— Notwithstanding section 274B of the Immigration and Nationality Act (8 U.S.C. 1324b) and except as provided in subsection (c), no individual may be an employee unless such individual is a citizen or national of the United States.

(b) Verification.— Prior to the appointment of an individual to a position as an employee—

(1) such person shall sign an affidavit attesting that such individual meets the requirements of subsection (a); and

(2) the entity making such appointment shall verify the individual meets the requirements of subsection (a).

(c) Exceptions.— The prohibition under subsection (a) does not apply with respect to—

(1) the employment of translators on a temporary or intermittent basis;

(2) the employment in field services on a temporary or intermittent basis in response to an emergency;

(3) the employment of international broadcasters by the United States Agency for Global Media; or

(4) the employment of nonresident aliens as wildland firefighters by the Forest Service or the Department of the Interior for a period of not more than 120 days pursuant to an agreement with another country.

(d) Guidance.— Not later than 180 days after the date of the enactment of this section, the Director of the Office of Personnel Management shall issue guidance to Federal agencies on the implementation of this section.

(e) Reporting.— Upon the appointment of one or more individuals who do not meet the requirements of subsection (a) to positions as an employees pursuant to subsection (c), the Director of the Office of Personnel Management shall publish in the Federal Register—

(1) for each appointment—

(A) the exception under subsection (c) pursuant to which such appointment was made;

(B) the agency or instrumentality of the Government that made the appointment; and

(C) the duration of the appointment; and

(2) an explanation of the efforts of the Government to appoint to such positions individuals who meet the requirements of subsection (a).

(f) False declaration.— An individual who makes an affidavit pursuant to subsection (b)(1) which such individual knows is a false affidavit shall be fined not more than $50,000, imprisoned for not more than 5 years, or both.

(g) Existing employees.— Not later than 180 days after the date of the enactment of this Act, the Director of the Office of Personnel Management shall submit to the Committee on Oversight and Government Reform of the House of Representatives and the Committee on Homeland Security and Governmental Affairs of the Senate a report containing—

(1) the number of employees, disaggregated by agency or instrumentality and position, who are not citizens or nationals of the United States; and

(2) the number of employees with respect to which an exception under subsection (c) applies, disaggregated by agency or instrumentality and position.

(h) Employee defined.— For the purposes of this section, the term employee includes employees of the United States Postal Service and employees of the Postal Regulatory Commission.”.

(b) Clerical amendment.— The table of sections for chapter 31 of title 5, United States Code, is amended by inserting after the item relating to section 3116 the following new item: