I 

111TH CONGRESS 

1ST SESSION H. R. 2028 

To amend the Social Security Act to prevent unauthorized earnings from 

being credited toward benefits under title II of such Act and to make 

improvements in provisions governing totalization agreements, to amend 

the Social Security Act and the Immigration and Nationality Act to 

prevent unauthorized employment, and to improve coordination of the 

provisions of such Acts, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 22, 2009 

Mr. SAM JOHNSON of Texas (for himself, Ms. GIFFORDS, Mr. BRADY of 

Texas, Mr. MOORE of Kansas, Mr. RYAN of Wisconsin, and Mr. MITCHELL) introduced the following bill; which was referred to the Committee 

on the Judiciary, and in addition to the Committees on Education and 

Labor, Rules, and Ways and Means, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Social Security Act to prevent unauthorized 

earnings from being credited toward benefits under title 

II of such Act and to make improvements in provisions 

governing totalization agreements, to amend the Social 

Security Act and the Immigration and Nationality Act 

to prevent unauthorized employment, and to improve coordination of the provisions of such Acts, and for other 

purposes. 


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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘New Employee 

5 Verification Act of 2009’’. 

6 TITLE I—ELECTRONIC 

7 EMPLOYMENT VERIFICATION 

8 Subtitle A—Implementation of New 

9 Systems 

10 SEC. 101. EXTENSTION OF BASIC PILOT UNTIL NEW SYS11 TEMS OPERATING. 

12 Section 401(b) of the Illegal Immigration Reform and 

13 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

14 note) is amended— 

15 (1) by striking ‘‘11-year period’’ and inserting 

16 ‘‘16-year period’’; and 

17 (2) by striking the period at the end and insert18 ing the following: ‘‘, except that this subtitle is re19 pealed effective on the date that is 36 months after 

20 the date of the enactment of the New Employee 

21 Verification Act of 2009.’’. 

22 SEC. 102. AMENDMENTS TO IMMIGRATION LAWS TO IM23 PROVE EMPLOYMENT AUTHORIZATION 

24 VERIFICATION. 

25 (a) IN GENERAL.— 


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1 (1) CHANGE IN EMPLOYMENT ELIGIBILITY

2 VERIFICATION PROCESS.—Section 274A of the Im3 migration and Nationality Act (8 U.S.C. 1324a) is 

4 amended— 

5 (A) in subsection (a)(1)(B)— 

6 (i) in clause (i), by striking ‘‘sub7 section (b)’’ and inserting ‘‘(b), (c), or 

8 (d)’’; and 

9 (ii) in clause (ii), by striking ‘‘sub10 section (b).’’ and inserting ‘‘subsection (b), 

11 (c), or (d).’’; and 

12 (B) in subsection (b), in the matter pre13 ceding paragraph (1), by striking ‘‘United 

14 States,’’ and inserting ‘‘United States who is 

15 subject to compliance with this subsection,’’. 

16 (2) VERIFICATION VIA EEVS AND SEEVS SYS17 TEMS.—Subsections (c) and (d) of section 274A of 

18 the Immigration and Nationality Act (8 U.S.C. 

19 1324a) are amended to read as follows: 

20 ‘‘(c) ELECTRONIC EMPLOYMENT VERIFICATION SYS21 TEM.— 

22 ‘‘(1) ENROLLMENT.— 

23 ‘‘(A) IN GENERAL.—Every person or other 

24 entity subject to subsection (a)(1)(B), and that 

25 is not in compliance with such subsection by 


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1 reason of compliance with subsection (d), shall 

2 participate in the Electronic Employment 

3 Verification System established under section 

4 235(a) of the Social Security Act (the ‘EEVS’) 

5 on a schedule established in accordance with 

6 section 235(a)(4) of the Social Security Act 

7 with respect to all hiring, recruitment, and re8 ferral described in subsection (a)(1)(B) occur9 ring after the earlier of the date on which the 

10 entity— 

11 ‘‘(i) is required to register under this 

12 paragraph; or 

13 ‘‘(ii) voluntarily registers. 

14 ‘‘(B) VOLUNTARY PARTICIPATION.—The 

15 Secretary of Homeland Security, in consultation 

16 with the Commissioner of Social Security, may 

17 permit any person or other entity subject to 

18 subsection (a)(1)(B), and that is not yet re19 quired to participate in the EEVS under section 

20 235(a)(4) of the Social Security Act to partici21 pate in the EEVS on a voluntary basis. 

22 ‘‘(C) EXPEDITED PARTICIPATION.—The 

23 Secretary of Homeland Security, on a case-by24 case or classwide basis, may require any person 

25 or other entity subject to subsection (a)(1)(B), 


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1 and that is not yet required to participate in 

2 the EEVS under section 235(a)(4) of the Social 

3 Security Act, to participate in the EEVS (or, 

4 alternatively, the Secure Employment Eligibility 

5 Verification System established under section 

6 235(b) of the Social Security Act (the 

7 ‘SEEVS’)) on an expedited basis if the Sec8 retary designates such person or entity as— 

9 ‘‘(i) employing individuals having ac10 cess to locations or information that have 

11 a direct impact on the security of the 

12 United States; or 

13 ‘‘(ii) having engaged in material viola14 tions of this section. 

15 ‘‘(D) REQUIREMENT TO NOTIFY.—The 

16 Secretary of Homeland Security shall notify 

17 persons or entities required to register not less 

18 than 60 days prior to the effective date of such 

19 requirement through publication in the Federal 

20 Register regarding the requirement for partici21 pation in the EEVS under subparagraphs (A) 

22 and (C)(i) and by mail regarding the require23 ment for participation in the EEVS under sub24 paragraph (C)(ii). Such notice shall include the 


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1 training materials described in section 

2 235(a)(5) of the Social Security Act. 

3 ‘‘(E) REGISTRATION.—A person or other 

4 entity shall register to participate in the EEVS 

5 or the SEEVS in the manner prescribed by the 

6 Commissioner of Social Security prior to the 

7 date the person or entity is required or per8 mitted to submit information with respect to an 

9 individual under this subsection. 

10 ‘‘(F) CONSEQUENCE OF FAILURE TO PAR11 TICIPATE.—If a person or other entity is re12 quired or has elected to participate in the 

13 EEVS or the SEEVS and fails to comply with 

14 the requirements thereof, such failure— 

15 ‘‘(i) shall be treated as a violation of 

16 subsection (a)(1)(B) punishable under sub17 section (e)(5); and 

18 ‘‘(ii) shall create a rebuttable pre19 sumption that the person or other entity 

20 has violated subsection (a)(1)(A), except 

21 that such presumption shall not apply to a 

22 prosecution under subsection (f)(1). 

23 ‘‘(G) PROTECTION FROM LIABILITY.—No 

24 person or other entity that participates in the 

25 EEVS or the SEEVS shall be liable under any 


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1 law for any employment-related action taken 

2 with respect to an individual in reliance on in3 formation provided by the EEVS or the SEEVS 

4 (as applicable) in connection with such partici5 pation, if such action is taken in accordance 

6 with the requirements of this subsection, section 

7 235 of the Social Security Act, and applicable 

8 regulations prescribed thereunder. 

9 ‘‘(H) EXCLUSIVE MEANS OF

10 VERIFICATION.—If a person or other entity is 

11 required or has elected to participate in the 

12 EEVS, subsections (b) and (d) shall not apply 

13 to the person or other entity. 

14 ‘‘(2) OBTAINING DOCUMENTS FOR EEVS.— 

15 ‘‘(A) INFORMATION REQUIRED.—A person 

16 or other entity registered to participate in the 

17 EEVS shall, with respect to the hiring, or re18 cruiting or referring for a fee, any individual 

19 for employment in the United States, obtain 

20 from the individual— 

21 ‘‘(i) the individual’s name and date of 

22 birth; 

23 ‘‘(ii) the individual’s social security 

24 account number; and 


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1 ‘‘(iii) in the case of an individual who 

2 does not claim to be a national of the 

3 United States, such alien identification or 

4 authorization number as the Secretary 

5 shall require. 

6 ‘‘(B) DOCUMENTS REQUIRED.—The person 

7 or entity shall require that the individual 

8 produce one of the following documents con9 sistent with the status claimed by the individual 

10 and bearing identifying information consistent 

11 with that obtained from the individual: 

12 ‘‘(i) In the case of an individual who 

13 is a national of the United States— 

14 ‘‘(I) a United States passport; or 

15 ‘‘(II) a driver’s license or identity 

16 card, issued by a State, the Common17 wealth of the Northern Mariana Is18 lands, or an outlying possession of the 

19 United States, that contains a photo20 graph of the individual, other identi21 fying information (including the indi22 vidual’s name, date of birth, gender, 

23 and address) and security features to 

24 make the license or card resistant to 


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1 tampering, counterfeiting, and fraudu2 lent use. 

3 ‘‘(ii) In the case of an alien lawfully 

4 admitted for permanent residence in the 

5 United States, a permanent resident card, 

6 as specified by the Secretary, that contains 

7 a photograph of the individual, other iden8 tifying information (including name, date 

9 of birth, gender, and address), and con10 tains security features to make the docu11 ment resistant to tampering, counter12 feiting, and fraudulent use. 

13 ‘‘(iii) In the case of an alien who is 

14 authorized under the Immigration and Na15 tionality Act or by the Secretary of Home16 land Security to be employed in the United 

17 States, an employment authorization card, 

18 issued by the Secretary that contains a 

19 photograph of the individual, other identi20 fying information (including name, date of 

21 birth, gender, and address), and security 

22 features to make the document resistant to 

23 tampering, counterfeiting, and fraudulent 

24 use. 


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1 ‘‘(iv) In the case of an individual who 

2 is unable to obtain a document described 

3 in clause (i), (ii), or (iii), a document des4 ignated by the Secretary that contains a 

5 photograph of the individual, other identi6 fying information (including name, date of 

7 birth, gender, and address) and security 

8 features to make the document resistant to 

9 tampering, counterfeiting, and fraudulent 

10 use. 

11 ‘‘(C) UNACCEPTABLE DOCUMENTS.—If the 

12 Secretary finds that a document or class of doc13 uments described in clause (ii) is not reliable to 

14 establish identity or is being used fraudulently 

15 to an unacceptable degree, the Secretary shall 

16 prohibit, or impose conditions, on the use of 

17 such documents or class of documents for pur18 poses of this subsection. The Secretary shall 

19 publish notice of any findings under this clause 

20 in the Federal Register. 

21 ‘‘(3) ATTESTATION.—A person or other entity 

22 registered to participate in the EEVS shall attest, 

23 under penalty of perjury using an electronic signa24 ture or code approved by the Commissioner of Social 

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1 tion prescribed by the Commissioner, that registrant 

2 has obtained the information required by paragraph 

3 (2)(A) and examined a consistent document required 

4 by paragraph (2)(B). 

5 ‘‘(4) CONSEQUENCES OF CERTAIN EEVS DETER6 MINATIONS.— 

7 ‘‘(A) MANDATORY DISMISSAL IF NO CON8 TEST OF INITIAL DISAPPROVAL.—If an indi9 vidual does not contest the initial disapproval 

10 notice described in section 235(a)(3)(C)(ii) of 

11 the Social Security Act by the end of the 10- 

12 day period beginning on the date on which the 

13 notice is received from the employer, the dis14 approval shall become final, and the employer 

15 shall, within 3 business days after the end of 

16 such 10-day period, terminate the employment, 

17 recruitment, or referral of the individual by the 

18 employer. 

19 ‘‘(B) MANDATORY DISMISSAL IF DIS20 APPROVAL NOTICE ISSUED AFTER CONTEST.— 

21 In any case in which a disapproval notice de22 scribed in section 235(a)(3)(C)(v) of the Social 

23 Security Act is issued, the employer shall, with24 in 3 business days after receipt of such notice, 

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1 ferral of the individual who is the subject of the 

2 notice. 

3 ‘‘(C) RULE ON DISMISSAL.—An employer 

4 shall not terminate an employee until receiving 

5 a final disapproval notice, unless there is good 

6 cause for dismissal for a reason other than the 

7 failure to obtain approval of employment eligi8 bility. 

9 ‘‘(5) PRESUMPTION OF VIOLATION.—If a per10 son or other entity registered to participate in the 

11 EEVS continues, in violation of this subparagraph, 

12 to employ, recruit, or refer an individual, a rebutta13 ble presumption is created that the registrant has 

14 violated subsections (a)(1)(A) and (a)(2) of this sec15 tion, except that such presumption shall not apply to 

16 a prosecution under subsection (f)(1) of this section. 

17 ‘‘(d) SECURE EMPLOYMENT ELIGIBILITY

18 VERIFICATION SYSTEM.— 

19 ‘‘(1) IN GENERAL.—Beginning with the first 

20 day of operation of the SEEVS a person or other 

21 entity subject to subsection (a)(1)(B) of this section 

22 may elect to comply with such subsection by partici23 pating in the SEEVS. Such participation shall be in 

24 lieu of participation in the EEVS established under 

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1 ticipation shall be subject to the requirements of sec2 tion 235(b) of such Act and the regulations issued 

3 under such section. 

4 ‘‘(2) REQUIREMENT TO NOTIFY.—The Sec5 retary of Homeland Security shall notify persons or 

6 entities subject to subsection (a)(1)(B) about the op7 portunity to participate in the SEEVS not less than 

8 60 days prior to the first day of operation of the 

9 system. 

10 ‘‘(3) PRESUMPTION.—Participation in SEEVS 

11 by an employer that follows the required procedures 

12 of the system shall create a presumption that the 

13 employer has not violated the requirements of this 

14 Act with respect to its hiring decisions, which pre15 sumption shall only be overcome by clear and con16 vincing evidence of willful noncompliance resulting in 

17 the hiring of an unauthorized employee. 

18 ‘‘(4) EXCLUSIVE MEANS OF VERIFICATION.—If 

19 a person or other entity is required or has elected 

20 to participate in the SEEVS, subsections (b) and (c) 

21 shall not apply to the person or other entity. 

22 ‘‘(5) COMPLIANCE WITH EEVS REQUIREMENTS

23 UPON TERMINATION OF ELECTION.—If a person or 

24 other entity terminates its election to participate in 

25 the SEEVS, the person or entity shall be subject to 


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1 compliance with subsection (c) with respect to all 

2 employment actions beginning on the date of such 

3 termination.’’. 

4 (b) ENHANCEMENT OF FEDERAL PREEMPTION

5 STANDARDS.—Section 274A(h)(2) of the Immigration and 

6 Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to 

7 read as follows: 

8 ‘‘(2) PREEMPTION; NO NATIONAL IDENTIFICA9 TION CARD.— 

10 ‘‘(A) PREEMPTION.—The provisions of this 

11 section preempt any provision of any law of any 

12 State or political subdivision thereof or any con13 tract entered into by any State or political sub14 division thereof which— 

15 ‘‘(i) imposes civil or criminal sanctions 

16 upon employers for actions governed by the 

17 Act; 

18 ‘‘(ii) requires, authorizes or permits a 

19 system of verification of the immigration 

20 status of employees or employment appli21 cants; 

22 ‘‘(iii) requires, authorizes, or permits 

23 the use of a federally mandated employ24 ment verification system for any purpose 

25 other than that required by Federal law, 


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1 including verifying status of renters, deter2 mining eligibility for receipt of benefits, en3 rollment in school, obtaining or retaining a 

4 business or other license provided by the 

5 unit of government, or conducting a back6 ground check; or 

7 ‘‘(iv) requires or prohibits the use of 

8 an immigration status employment 

9 verification system for any purpose, except 

10 as required by Federal law, including with11 out limitation, such purposes as— 

12 ‘‘(I) a condition of receiving a 

13 government contract; 

14 ‘‘(II) a condition of receiving a 

15 business license; or 

16 ‘‘(III) the basis of assessing a 

17 penalty. 

18 ‘‘(B) NO AUTHORIZATION OF NATIONAL

19 IDENTIFICATION CARD.—Nothing in this sec20 tion shall be construed to authorize, directly or 

21 indirectly, the issuance or use of national iden22 tification cards or the establishment of a na23 tional identification card.’’. 

24 (c) AUTHORIZATION OF APPROPRIATIONS.—There 

25 are authorized to be appropriated to the Secretary of 


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1 Homeland Security such sums as may be necessary to 

2 carry out the amendments made by this section. 

3 SEC. 103. AMENDMENTS TO SOCIAL SECURITY ACT TO IM4 PROVE EMPLOYMENT AUTHORIZATION 

5 VERIFICATION. 

6 (a) AMENDMENT TO TITLE II.— 

7 (1) IN GENERAL.—Title II of the Social Secu8 rity Act (42 U.S.C. 401 et seq.) is amended by add9 ing at the end the following new section: 

10 ‘‘ELECTRONIC EMPLOYMENT VERIFICATION

11 ‘‘SEC. 235. (a) ELECTRONIC EMPLOYMENT

12 VERIFICATION SYSTEM.— 

13 ‘‘(1) IN GENERAL.—The Commissioner of So14 cial Security, in cooperation and consultation with 

15 the Secretary of Health and Human Services, Sec16 retary of Homeland Security, the States, and the 

17 Advisory Panel created in subsection (c) of this sec18 tion, shall establish an Electronic Employment 

19 Verification System (the ‘EEVS’) using the em20 ployer data entry infrastructure of the National Di21 rectory of New Hires (established pursuant to sec22 tion 453(i)). The EEVS— 

23 ‘‘(A) shall, as is appropriate and effective, 

24 utilize elements of the employment eligibility 

25 confirmation system infrastructure established 

26 under section 404 of the Illegal Immigration 


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1 Reform and Immigrant Responsibility Act of 

2 1996 (Public Law 104–208; 110 Stat. 3009– 

3 664); 

4 ‘‘(B) shall be accessible over the Internet 

5 and a toll-free telephone line maintained by the 

6 Commissioner; and 

7 ‘‘(C) shall have the capacity to determine 

8 whether— 

9 ‘‘(i) identifying information with re10 spect to an individual, submitted by the 

11 subject employer, is consistent with the in12 formation maintained by the Commissioner 

13 (with respect to both citizens and nationals 

14 of the United States) and by the Secretary 

15 of Homeland Security (solely with respect 

16 to aliens); and 

17 ‘‘(ii) the individual is a citizen or na18 tional or is not an unauthorized alien (as 

19 defined in section 274A(h)(3) of the Immi20 gration and Nationality Act (8 U.S.C. 

21 1324a(h)(3))) with respect to the employ22 ment. 

23 ‘‘(2) SUBJECT EMPLOYER.—For purposes of 

24 this section, the term ‘subject employer’ means, in 

25 connection with any individual, an employer (within 


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1 the meaning of section 453A(a)(2)(B)(i)) of such in2 dividual and includes any person who recruits or re3 fers for employment such individual for a fee. 

4 ‘‘(3) VERIFICATION OF EMPLOYMENT AUTHOR5 IZATION.— 

6 ‘‘(A) IN GENERAL.—The Commissioner 

7 shall, through the EEVS— 

8 ‘‘(i) respond to each inquiry regarding 

9 an individual’s identifying information and 

10 eligibility for employment in the United 

11 States for the subject employer, as re12 corded in the information maintained by 

13 the Commissioner or the Secretary of 

14 Homeland Security as appropriate, and in15 clude in the response the time period 

16 (which may be unlimited) for which the in17 dividual is authorized to be employed in 

18 the United States by such employer, as so 

19 recorded; and 

20 ‘‘(ii) maintain a record of each such 

21 inquiry and the information provided in re22 sponse to such inquiry. 

23 ‘‘(B) SUBMISSION TO SYSTEM.— 

24 ‘‘(i) IN GENERAL.—A subject em25 ployer shall submit an inquiry through the 


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1 EEVS to seek confirmation of an individ2 ual’s identifying information and eligibility 

3 for employment in the United States— 

4 ‘‘(I) in the case of hiring subject 

5 to clause (i) of section 274A(a)(1)(B) 

6 of the Immigration and Nationality 

7 Act (8 U.S.C. 1324a(a)(1)(B)), dur8 ing the period beginning on the date 

9 of hire and ending at the end of the 

10 third business day after the employee 

11 has reported for duty; and 

12 ‘‘(II) in the case of recruitment 

13 or referral for a fee subject to clause 

14 (ii) of such section, not later than the 

15 first day of such recruitment or refer16 ral. 

17 ‘‘(ii) REQUIRED INFORMATION.—Such 

18 inquiry shall include— 

19 ‘‘(I) the individual’s name and 

20 date of birth; 

21 ‘‘(II) the individual’s social secu22 rity account number; 

23 ‘‘(III) in the case of an individual 

24 who does not claim to be a national of 

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1 fication or authorization number as 

2 the Secretary shall require. 

3 ‘‘(C) EEVS SCREENING OF EMPLOYMENT

4 ELIGIBILITY.— 

5 ‘‘(i) IN GENERAL.—As soon as pos6 sible, but not later than 3 business days 

7 after a subject employer submits an in8 quiry to the EEVS regarding an indi9 vidual, the EEVS shall provide to the sub10 ject employer, through the EEVS, approval 

11 or initial disapproval of the employment of 

12 the individual in the United States. 

13 ‘‘(ii) INITIAL DISAPPROVAL.—If a 

14 subject employer receives an initial dis15 approval from the system for an individual, 

16 the subject employer shall notify such indi17 vidual of the issuance of such disapproval 

18 in writing, on the form described in para19 graph (5)(E), not later than 3 business 

20 days after receiving such notice. Such indi21 vidual shall acknowledge receipt of such 

22 notice in writing on a form prescribed by 

23 the Commissioner. The Commissioner shall 

24 provide the individual an opportunity to 

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1 tification of the individual by the subject 

2 employer shall include a description of the 

3 individual’s right to contest such dis4 approval. 

5 ‘‘(iii) CONTEST.—If the individual 

6 contests the initial disapproval, the indi7 vidual shall submit appropriate information 

8 to contest such notice under the proce9 dures established by the Commissioner, in 

10 consultation with the Secretary of Home11 land Security, not later than 10 business 

12 days after receiving the notice from the 

13 subject employer. 

14 ‘‘(iv) NO CONTEST.—If the individual 

15 does not contest the initial disapproval no16 tice by the end of the 10-day period begin17 ning on the date on which the notice is re18 ceived from the subject employer, the dis19 approval shall become final, and the sub20 ject employer shall record on the system 

21 the appropriate code, in accordance with 

22 regulations of the Commissioner, to indi23 cate the individual did not contest the ini24 tial disapproval. An individual’s failure to 

25 contest an initial disapproval shall not be 


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1 considered an admission of any fact with 

2 respect to any violation of this title, the 

3 Immigration and Nationality Act, or any 

4 other provision of law. 

5 ‘‘(v) APPROVAL OR DISAPPROVAL.— 

6 The Commissioner, in consultation with 

7 the Secretary of Homeland Security, shall 

8 ensure prompt resolution of the individ9 ual’s contest of the initial disapproval and 

10 issue either an approval or disapproval no11 tice to the subject employer through the 

12 EEVS not later than 10 business days 

13 after the date on which the individual con14 tests their initial disapproval. 

15 ‘‘(D) ADMINISTRATIVE REVIEW OF DIS16 APPROVALS.— 

17 ‘‘(i) IN GENERAL.—An individual who 

18 is terminated from employment pursuant 

19 to subparagraph (B) or (C) of section 

20 274A(c)(4) of the Immigration and Na21 tionality Act may, not later than 30 busi22 ness days after the date of such termi23 nation, file an appeal of the disapproval 

24 notice resulting in such termination. 


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1 ‘‘(ii) PROCEDURES.—The Commis2 sioner and the Secretary of Homeland Se3 curity shall jointly develop procedures to 

4 review appeals filed under clause (i) and— 

5 ‘‘(I) with respect to disapprovals 

6 based on information maintained by 

7 the Commissioner, the appeal shall be 

8 filed with the Commissioner and the 

9 Commissioner shall make the final de10 terminations; and 

11 ‘‘(II) with respect to disapprovals 

12 based on information maintained by 

13 the Secretary of Homeland Security, 

14 the appeal shall be filed with the Sec15 retary of Homeland Security and the 

16 Secretary shall make the final deter17 minations on such appeals and pro18 vide certification of such final deter19 minations to the Commissioner. 

20 ‘‘(iii) REVIEW FOR ERRORS.—If a 

21 final determination on an appeal filed 

22 under clause (i) results in approval of an 

23 individual’s eligibility to work in the 

24 United States, the Commissioner (in the 

25 case of a final determination under clause 


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1 (ii)(I)) or the Secretary of Homeland Secu2 rity (in the case of a final determination 

3 under clause (ii)(II)) shall determine if the 

4 final disapproval notice issued for the indi5 vidual was the result of an act or omission 

6 that was the responsibility of the individual 

7 or from another cause. 

8 ‘‘(iv) COMPENSATION FOR ERRORS.— 

9 ‘‘(I) IN GENERAL.—In any case 

10 in which the Commissioner makes a 

11 determination under this subpara12 graph that the disapproval notice 

13 issued for an individual was caused by 

14 a negligent, reckless, willful, or mali15 cious act of the Government and was 

16 not caused by an act or omission that 

17 was the responsibility of the indi18 vidual, or the Secretary of Homeland 

19 Security provides to the Commissioner 

20 certification of such a determination 

21 pursuant to clause (ii)(II), the Com22 missioner shall certify to the Treasury 

23 the amount of the lost wages and the 

24 Secretary of the Treasury shall com25 pensate the individual for such lost 


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1 wages from the general fund of the 

2 Treasury. 

3 ‘‘(II) CALCULATION OF LOST

4 WAGES.—Lost wages shall be cal5 culated based on the wage rate and 

6 work schedule that prevailed prior to 

7 termination. The individual shall be 

8 compensated for wages lost beginning 

9 on the first scheduled work day after 

10 employment was terminated and end11 ing 180 days after completion of the 

12 administrative review process de13 scribed in this paragraph or the day 

14 after the individual is reinstated or 

15 obtains employment elsewhere, which16 ever occurs first. 

17 ‘‘(III) LIMITATION ON COM18 PENSATION.—For purposes of deter19 mining an individual’s compensation 

20 for the loss of employment, such com21 pensation shall be reduced by any 

22 compensation earned from any em23 ployment during such period and shall 

24 not include any period in which the 


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1 individual was ineligible for employ2 ment in the United States. 

3 ‘‘(E) JUDICIAL REVIEW OF DIS4 APPROVALS.— 

5 ‘‘(i) IN GENERAL.—An individual de6 scribed in subparagraph (D)(i) may obtain 

7 judicial review of a final determination 

8 under subparagraph (D) by a civil action 

9 commenced not later than 30 days after 

10 the date of such determination. 

11 ‘‘(ii) JURISDICTION.—A civil action 

12 for such judicial review shall be brought in 

13 the district court of the United States for 

14 the judicial district in which the plaintiff 

15 resides, or has a principal place of busi16 ness, or, if the plaintiff does not reside or 

17 have a principal place of business within 

18 any such judicial district, in the District 

19 Court of the United States for the District 

20 of Columbia. 

21 ‘‘(iii) ANSWER.—A certified copy of 

22 the administrative record compiled during 

23 the administrative review under subpara24 graph (D), including the evidence received 

25 during such review, shall be filed in such 


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1 civil action. The court shall have power to 

2 enter, upon the pleadings and administra3 tive record, a judgment affirming, modi4 fying or reversing such administrative deci5 sion, with or without remanding the matter 

6 for further proceedings. 

7 ‘‘(iv) COMPENSATION FOR ERROR.— 

8 In cases in which such judicial review re9 sults in a determination that compensation 

10 for lost wages is due, such compensation 

11 shall be computed and paid in accordance 

12 with subparagraph (D)(iv). 

13 ‘‘(4) IMPLEMENTATION OF THE EEVS.— 

14 ‘‘(A) IN GENERAL.—The Commissioner 

15 shall establish a schedule for implementation of 

16 the EEVS that is designed to assure that the 

17 capacity of all aspects of the EEVS, including 

18 the equipment and personnel required to com19 plete reviews of contested initial disapprovals 

20 and corrections of erroneous records, within the 

21 time limits established by subparagraphs (C) 

22 and (D) of paragraph (3). 

23 ‘‘(B) PRIORITIES.—The schedule estab24 lished pursuant to subparagraph (A) shall be 

25 established based on the priority of maximizing 


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1 the deterrent effect on illegal migration and un2 authorized employment on the most expeditious 

3 basis possible. 

4 ‘‘(C) BASIC PILOT PARTICIPANTS.—The 

5 schedule established pursuant to subparagraph 

6 (A) shall assure that all participants in the 

7 basic pilot program for employment eligibility 

8 verification described in section 403(a) of the 

9 Illegal Immigration Reform and Immigrant Re10 sponsibility Act of 1996 (8 U.S.C. 1324a note) 

11 are registered in the EEVS as soon as feasible 

12 after the date of the enactment of the New Em13 ployee Verification Act of 2009. 

14 ‘‘(D) ALL OTHERS.—Every person that is 

15 a subject employer with respect to one or more 

16 individuals as of the date of enactment of the 

17 New Employee Verification Act of 2009 shall be 

18 required to register in the EEVS, or be compli19 ant under subsection (b) of this section, not 

20 later than 36 months after such date. 

21 ‘‘(5) STANDARDS FOR OPERATION.— 

22 ‘‘(A) POLICIES AND PROCEDURES.—The 

23 Commissioner, the Secretary of Homeland Se24 curity, and the Secretary of Health and Human 

25 Services shall establish procedures for colVerDate Nov 24 2008 23:05 Apr 23, 2009 Jkt 079200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H2028.IH H2028

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1 lecting, updating, removing, and adding data to 

2 the EEVS to ensure the accuracy and integrity 

3 of the data and to limit access to the data to 

4 authorized personnel. 

5 ‘‘(B) PUBLIC EDUCATION.—Not later than 

6 6 months before the first registration date, the 

7 Commissioner, in cooperation with the Sec8 retary of Health and Human Services, the Sec9 retary of Homeland Security, and the States, 

10 shall develop a public education campaign re11 garding the obligations imposed by this section, 

12 as well as instructional materials provided with13 out cost to the public regarding how to use the 

14 EEVS. 

15 ‘‘(C) REGISTRANT TRAINING.—Not later 

16 than 6 months before the first registration date, 

17 the Commissioner, in cooperation with the Sec18 retary of Homeland Security, the Secretary of 

19 Health and Human Services, and the States, 

20 shall institute a comprehensive program of out21 reach and training for employers regarding the 

22 operation and benefits of using the verification 

23 systems described in this section and informing 

24 them of ongoing assistance resources for the 

25 implementation and use of such systems. 


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1 ‘‘(D) EEVS DESIGN AND TECHNOLOGY

2 STANDARDS.—The Commissioner and the Sec3 retary of Homeland Security shall ensure the 

4 following with respect to the development and 

5 operation of the EEVS: 

6 ‘‘(i) The development and implemen7 tation of the system in accordance with 

8 technology standards that are sufficiently 

9 comprehensive and robust to verify the em10 ployment eligibility of all persons applying 

11 for employment in the United States at all 

12 times. 

13 ‘‘(ii) The dependable operation of a 

14 cross-agency, cross-platform electronic sys15 tem that is a cost-effective, efficient, fully 

16 integrated means to share identifying in17 formation, immigration information, and 

18 Social Security information necessary to 

19 confirm the employment eligibility of all 

20 persons seeking employment. 

21 ‘‘(iii) The real-time data entry of em22 ployment eligibility with respect to all indi23 viduals that is accomplished on a contem24 poraneous basis with the establishment or 

25 change of immigration, citizenship, work 


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1 authorization, or identifying information 

2 maintained by the Commissioner, such that 

3 this information is immediately available to 

4 be accessed through the EEVS. 

5 ‘‘(iv) The operation of EEVS on a 

6 fully electronic basis that shall not require 

7 the creation or maintenance of paper 

8 records or electronic copies of documents 

9 other than a log of inquiries and responses 

10 for those employers that employ telephonic 

11 access to the system. 

12 ‘‘(v) The accessibility to all employers 

13 via the Internet and telephone through a 

14 system that permits a subject employer to 

15 utilize any appropriate technology to access 

16 the EEVS, including technology that is 

17 maintained or operated by the private sec18 tor vendors. 

19 ‘‘(vi) The provision of an expeditious 

20 method exists for correcting errors regard21 ing immigration, citizenship, work author22 ization, and identifying information main23 tained by the Commissioner, or any other 

24 relevant data in a timely and effective 

25 manner, for determining the source of data 


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1 to ascertain its accuracy and correcting 

2 procedures known to lead to errors in such 

3 data. 

4 ‘‘(vii) The enforcement of strict limi5 tations on agency and contractor personnel 

6 authorized to input data into the EEVS, 

7 and identify classes of prejudicial informa8 tion requiring authorization of supervisory 

9 personnel before entry into the System. 

10 ‘‘(viii) The operation of a centralized 

11 system through which individuals who have 

12 been notified of ineligibility for employ13 ment or benefits based on their immigra14 tion, citizenship, work authorization, or 

15 identifying information maintained by the 

16 Commissioner can seek to correct erro17 neous or inaccurate information within 

18 specific time schedules for reviewing data 

19 correction requests, rendering decisions on 

20 such requests, and implementing appro21 priate corrective action in a timely manner. 

22 ‘‘(ix) The provision of a 24-hour 

23 Internet and telephonic help-desk available 

24 to respond to questions about the use of 


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1 the system as well as to resolve questions 

2 about employment status. 

3 ‘‘(x) The Commissioner and the Sec4 retary of Homeland Security shall conduct 

5 a study of the feasibility of a mechanism to 

6 update all Social Security records on a 

7 continuous basis with immigration and 

8 work authorization status to permit the 

9 Commissioner to respond to employer in10 quiries pursuant to subparagraph (C) with11 out the necessity of accessing of other data 

12 bases. Study findings shall be provided to 

13 the Committees of jurisdiction in the Con14 gress not later than one year after the date 

15 of the enactment of this section. 

16 ‘‘(E) NOTICES TO EMPLOYEES.—The Com17 missioner, in consultation with the Secretary of 

18 Homeland Security, shall develop a written 

19 form for employers to provide to individuals for 

20 whom they receive an initial disapproval and 

21 disapproval notices that shall include— 

22 ‘‘(i) in the case of an initial dis23 approval— 

24 ‘‘(I) the right to contest such ini25 tial disapproval; and 


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1 ‘‘(II) contact information for ini2 tiating such contest, including the ap3 propriate agency to contact and the 

4 procedures to follow in doing so; and 

5 ‘‘(ii) in the case of a disapproval, the 

6 right to appeal the disapproval, including 

7 the appropriate agency to contact and the 

8 procedures to follow in doing so. 

9 ‘‘(F) ADDITIONAL RESPONSIBILITIES OF

10 COMMISSIONER IN SUPPORT OF THE EEVS.— 

11 The Commissioner shall establish— 

12 ‘‘(i) a reliable, secure method for de13 termining, through the EEVS— 

14 ‘‘(I) whether the name, date of 

15 birth, and social security account 

16 number of an individual provided in 

17 an inquiry made to the EEVS by an 

18 employer is consistent with such infor19 mation maintained by the Commis20 sioner; 

21 ‘‘(II) the citizenship status asso22 ciated with such name and social se23 curity account number, according to 

24 the records maintained by the Com25 missioner; 


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1 ‘‘(III) whether the name and 

2 number belongs to an individual who 

3 is deceased or a child, according to 

4 the records maintained by the Com5 missioner; 

6 ‘‘(IV) whether the name belongs 

7 to an individual whose record has a 

8 fraud indicator; and 

9 ‘‘(V) whether the name and num10 ber is blocked in accordance with 

11 paragraph (7); and 

12 ‘‘(ii) in consultation with the Sec13 retary of Homeland Security, a reliable, se14 cure method for an individual to verify 

15 such individual’s own eligibility for employ16 ment in the United States. 

17 ‘‘(G) ANNUAL REPORT AND CERTIFI18 CATION.—Not later than 24 months after the 

19 date of the enactment of the New Employee 

20 Verification Act of 2009, and annually there21 after, the Commissioner, in cooperation with 

22 the Secretary of Homeland Security, shall sub23 mit to the Congress a report that includes— 

24 ‘‘(i) a certified determination of the 

25 percentage of inquiries to the EEVS and 


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1 SEEVS that result in a final approval or 

2 disapproval notice, within the applicable 

3 period described in paragraph (3)(C), that 

4 are not overturned in a subsequent appeal, 

5 and if that percentage is less than 99 per6 cent of the cases, the steps being taken to 

7 bring the percentage to 99 percent or high8 er within specified time frames; and 

9 ‘‘(ii) an assessment of the privacy and 

10 security of the EEVS and SEEVS. 

11 ‘‘(H) ENUMERATION.—The Commissioner 

12 shall seek to assign social security account 

13 numbers to all aliens who are authorized to 

14 work in the United States, at the time of entry 

15 to the United States or at the time of acquisi16 tion of work authorized status in accordance 

17 with section 205(c)(2)(B)(i)(I) by employing 

18 enumeration procedures administered jointly by 

19 the Commissioner, the Secretary of State, and 

20 the Secretary of Homeland Security. 

21 ‘‘(6) LIMITATION ON COLLECTION AND USE OF

22 DATA.— 

23 ‘‘(A) COLLECTION.— 

24 ‘‘(i) IN GENERAL.—The EEVS shall 

25 collect and maintain only the minimum 


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1 data necessary to facilitate the successful 

2 operation of the EEVS, and in no case 

3 shall the data be other than information 

4 necessary— 

5 ‘‘(I) to register subject employ6 ers; 

7 ‘‘(II) to initiate and respond to 

8 inquiries or contests; 

9 ‘‘(III) to establish and enforce 

10 compliance with paragraphs (3) and 

11 (4); or 

12 ‘‘(IV) to detect and prevent em13 ployment related identity fraud. 

14 ‘‘(ii) PENALTIES.—Any officer, em15 ployee, or contractor who willfully and 

16 knowingly collects and maintains data in 

17 the EEVS other than data described in 

18 clause (i) shall be, for each such violation, 

19 guilty of a misdemeanor and, upon convic20 tion, fined as provided in title 18, United 

21 States Code, imprisoned for not more than 

22 1 year, or both. 

23 ‘‘(B) USE.—Whoever willfully and know24 ingly accesses, discloses, or uses any informa25 tion obtained or maintained by the EEVS— 


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1 ‘‘(i) for the purpose of committing 

2 identity fraud, or assisting another person 

3 in committing identity fraud, as defined in 

4 section 1028 of title 18, United States 

5 Code; 

6 ‘‘(ii) for the purpose of unlawfully ob7 taining employment in the United States 

8 or unlawfully obtaining employment in the 

9 United States for any other person; or 

10 ‘‘(iii) for any purpose other than as 

11 provided for under any provision of law, 

12 shall be guilty of a felony and upon conviction 

13 shall be fined under title 18, United States 

14 Code, or be imprisoned for not more than 5 

15 years, or both. 

16 ‘‘(C) EXCEPTIONS.—Nothing in subpara17 graph (A) or (B) may be construed to limit the 

18 collection, maintenance, or use of data by the 

19 Commissioner of Internal Revenue or the Com20 missioner of Social Security as provided by law. 

21 ‘‘(7) RIGHT TO BLOCK USE OF NUMBER.—The 

22 Commissioner shall establish secure procedures 

23 under which an individual who has been assigned a 

24 social security account number may block the use of 

25 such number under the EEVS and may remove any 


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1 such block. Such procedures shall ensure the authen2 tication of the identity of such individual. 

3 ‘‘(b) SECURE EMPLOYMENT ELIGIBILITY

4 VERIFICATION SYSTEM.— 

5 ‘‘(1) IN GENERAL.—Not later than 18 months 

6 after the date of the enactment of the New Em7 ployee Verification Act of 2009, the Commissioner 

8 shall, after consultation with the Secretary of Home9 land Security, the Director of the National Institute 

10 of Standards and Technology, and the Employment 

11 Verification Advisory Panel established under para12 graph (5), establish by regulation a Secure Employ13 ment Eligibility Verification System (referred to in 

14 this subsection as the ‘SEEVS’). The purpose of the 

15 SEEVS shall be to provide for identity authentica16 tion and employment eligibility verification with re17 spect to enrolled new employees which shall be avail18 able to subject employers who elect to participate in 

19 the SEEVS in lieu of the EEVS. Any subject em20 ployer may cancel the employer’s participation in the 

21 SEEVS after one year after electing to participate 

22 without prejudice to future participation. 

23 ‘‘(2) MINIMUM REQUIREMENTS.—In accordance 

24 with the regulations prescribed by the Commissioner 

25 pursuant to paragraph (1)— 


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1 ‘‘(A) IDENTITY AUTHENTICATION AND EM2 PLOYMENT ELIGIBILITY VERIFICATION BY EN3 ROLLMENT PROVIDERS.—The SEEVS shall uti4 lize the services of private sector entities (here5 inafter in this subsection referred to as ‘enroll6 ment providers’), with appropriate expertise, 

7 which shall be subject to initial and periodic 

8 certification by the Commissioner, to provide— 

9 ‘‘(i) enrollment under the SEEVS of 

10 new employees by means of identity au11 thentication in a manner that provides a 

12 high level of certainty as to their true iden13 tities, using immigration and identifying 

14 information maintained by the Social Secu15 rity Administration and the Department of 

16 Homeland Security, review of identity doc17 uments, and background screening 

18 verification techniques using publicly avail19 able information; 

20 ‘‘(ii) protection of the authenticated 

21 information through biometric technology; 

22 and 

23 ‘‘(iii) verification of employment eligi24 bility of such new employees. 


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1 ‘‘(B) DATABASE MANAGEMENT.—The 

2 SEEVS shall provide for databases of identi3 fying information which may be retained by the 

4 enrollment providers. Databases controlled by 

5 the Commissioner and Secretary of Homeland 

6 Security shall be maintained in a manner to 

7 capture new entries and new status information 

8 in a timely manner and to interact with the pri9 vate enrollment databases to keep employment 

10 authorization status and identifying information 

11 current on a daily basis. The information main12 tained in such databases shall be subject to the 

13 requirements established pursuant to paragraph 

14 (5), except that— 

15 ‘‘(i) use of the data shall be limited to 

16 obtaining employment eligibility 

17 verification only, unless the new employee 

18 consents to use the data for other pur19 poses, as provided in regulations prescribed 

20 by the Commissioner, and 

21 ‘‘(ii) other identifying traits of the 

22 new employees shall be stored through an 

23 encoding process that keeps their accurate 

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1 bers (if any) separate, except during elec2 tronic verification. 

3 ‘‘(C) ACCESSIBILITY TO EMPLOYERS.— 

4 Availability of data maintained in the SEEVS 

5 shall be managed so that any subject employer 

6 who participates in the SEEVS can obtain 

7 verification with respect to any new employee 

8 enrolled with any enrollment provider serving in 

9 the SEEVS. 

10 ‘‘(D) LIMITATIONS RELATING TO BIOMET11 RIC DATA.—Any biometric data maintained in 

12 the SEEVS relating to any new employee shall 

13 be— 

14 ‘‘(i) encrypted and segregated from 

15 identifying information relating to the new 

16 employee, and 

17 ‘‘(ii) maintained and linked to identi18 fying information relating to the new em19 ployee only by consent of the new employee 

20 for the purpose of verifying employment 

21 eligibility or approved correction processes 

22 or for other purposes specifically author23 ized by the employee as provided in regula24 tions prescribed by the Commissioner. 


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1 ‘‘(E) ACCURACY OF ASSOCIATION OF DATA

2 WITH ENROLLED NEW EMPLOYEES.—The en3 rollment process under the SEEVS shall be 

4 managed, in the case of each new employee en5 rolled in the SEEVS, so as to result in the ac6 curate association of data consisting of name, 

7 date of birth, Social Security number, and im8 migration identification number (if any) with 

9 the established identity of the new employee. 

10 ‘‘(F) LIMITATIONS ON ACCESSIBILITY OF

11 INFORMATION.—Data stored in SEEVS relat12 ing to any enrolled new employee shall not be 

13 accessible to any person other than those oper14 ating the SEEVS and for the sole purpose of 

15 identity authentication and employment eligi16 bility verification in connection with the new 

17 employee, except— 

18 ‘‘(i) by the written consent of the new 

19 employee given specifically for each in20 stance or category of disclosure for any 

21 other purpose as provided in regulations 

22 prescribed by the Commissioner, or 

23 ‘‘(ii) in response to a warrant issued 

24 by a judicial authority of competent juris25 diction in a criminal proceeding. 


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1 ‘‘(G) PUBLIC EDUCATION.—The Commis2 sioner shall conduct a program of ongoing, com3 prehensive public education campaign relating 

4 to the SEEVS. 

5 ‘‘(3) EMPLOYER RESPONSIBILITIES.—Under 

6 the regulations prescribed by the Commissioner pur7 suant to paragraph (1)— 

8 ‘‘(A) USE LIMITED TO ENROLLED NEW

9 EMPLOYEES.—Use of the SEEVS by subject 

10 employers participating in the SEEVS shall be 

11 limited to use in connection with the hiring of 

12 new employees occurring after their enrollment 

13 in the SEEVS. 

14 ‘‘(B) USE FOR LIMITED PERIOD.—Use of 

15 the SEEVS by any subject employer partici16 pating in the SEEVS in connection with any 

17 new employee may occur only during the period 

18 beginning on the date of hire and ending at the 

19 end of the third business day after the employee 

20 has reported for duty. Use of the SEEVS with 

21 respect to recruitment or referral for a fee may 

22 occur only until the first day of such recruit23 ment or referral. 

24 ‘‘(C) RESPONSIBILITY OF EMPLOYERS TO

25 ENROLL NEW EMPLOYEES.—In connection with 


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1 the hiring by any subject employer of a new 

2 employee who has not been previously enrolled 

3 in the SEEVS, enrollment of the new employee 

4 shall occur only upon application by the subject 

5 employer submitted to an enrollment provider, 

6 together with payment of any costs associated 

7 with the enrollment. 

8 ‘‘(D) LIMITATIONS ON SELECTIVE USE.— 

9 No subject employer may use the SEEVS selec10 tively to verify any class, level, or category of 

11 new employees. Nothing in this subparagraph 

12 shall be construed to preclude subject employers 

13 from utilizing the SEEVS in connection with 

14 hiring at selected employment locations without 

15 implementing such usage at all locations of the 

16 employer. 

17 ‘‘(4) EMPLOYEE PROTECTIONS.—Under regula18 tions prescribed by the Commissioner pursuant to 

19 paragraph (1)— 

20 ‘‘(A) ACCESS FOR EMPLOYEES TO COR21 RECT AND UPDATE INFORMATION.—Employees 

22 enrolled in the SEEVS shall be provided access 

23 to the SEEVS to verify information relating to 

24 their employment authorization and readily 

25 available processes to correct and update their 


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1 enrollment information and information relating 

2 to employment authorization. 

3 ‘‘(B) SAME RIGHTS AND PROTECTIONS AS

4 THOSE PROVIDED UNDER THE EEVS.—Employ5 ees shall be provided the same rights and pro6 tections in connection with responses to inquir7 ies under the SEEVS relating to identity au8 thentication or employment eligibility 

9 verification as are afforded under subsection 

10 (a). 

11 ‘‘(C) RIGHT TO CANCEL ENROLLMENT.— 

12 Each employee enrolled in the SEEVS shall 

13 have the right to cancel such employee’s enroll14 ment at any time after the identity authentica15 tion and employment eligibility verification 

16 processes are completed by the subject employer 

17 described in paragraph (3)(C). Such cancella18 tion shall remove from the SEEVS all identi19 fying information and biometrics in connection 

20 with such employee without prejudice to future 

21 enrollments. 

22 ‘‘(5) MAINTENANCE OF SECURITY AND CON23 FIDENTIALITY OF INFORMATION.— 

24 ‘‘(A) IN GENERAL.—Every person who is a 

25 subject employer participating in the SEEVS or 


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1 an officer or contractor of such a subject em2 ployer and who has access to any information 

3 obtained at any time from the Social Security 

4 Administration shall maintain the security and 

5 confidentiality of such information. No such 

6 person may disclose any file, record, report, 

7 paper, or other item containing information so 

8 obtained at any time by any such person from 

9 the Commissioner of Social Security or from 

10 any officer or employee of the Social Security 

11 Administration except as the Commissioner of 

12 Social Security may by regulations prescribe or 

13 as otherwise provided by Federal law. 

14 ‘‘(B) PENALTY FOR DISCLOSURE IN VIOLA15 TION OF SUBPARAGRAPH (A).—Any person de16 scribed in subparagraph (A) who violates sub17 paragraph (A) shall be guilty of a felony and, 

18 upon conviction thereof, shall be punished by a 

19 fine not exceeding $10,000 for each occurrence 

20 of a violation, or by imprisonment not exceeding 

21 5 years, or both. 

22 ‘‘(C) PENALTY FOR KNOWING DISCLOSURE

23 OF FRAUDULENT INFORMATION.—Any person 

24 who willfully and knowingly accesses, discloses, 

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1 ports to be information obtained as described in 

2 subparagraph (A) knowing such information to 

3 be false shall be guilty of a felony and, upon 

4 conviction thereof, shall be punished by a fine 

5 not exceeding $10,000 for each occurrence of a 

6 violation, or by imprisonment not exceeding 5 

7 years, or both. 

8 ‘‘(D) RESTITUTION.— 

9 ‘‘(i) IN GENERAL.—Any Federal 

10 court, when sentencing a defendant con11 victed of an offense under this paragraph, 

12 may order, in addition to or in lieu of any 

13 other penalty authorized by law, that the 

14 defendant make restitution to the victims 

15 of such offense specified in clause (ii). Sec16 tions 3612, 3663, and 3664 of title 18, 

17 United States Code, shall apply with re18 spect to the issuance and enforcement of 

19 orders of restitution to victims of such of20 fense under this subparagraph. If the court 

21 does not order restitution, or orders only 

22 partial restitution, under this subsection, 

23 the court shall state on the record the rea24 sons therefor. 


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1 ‘‘(ii) VICTIMS SPECIFIED.—The vic2 tims specified in this clause are the fol3 lowing: 

4 ‘‘(I) Any individual who suffers a 

5 financial loss as a result of the disclo6 sure described in subparagraph (B) or 

7 (C). 

8 ‘‘(II) The Commissioner of Social 

9 Security, to the extent that the disclo10 sure described in subparagraph (B) or 

11 (C) results in the inappropriate pay12 ment of a benefit by the Commis13 sioner. 

14 ‘‘(iii) DEPOSIT IN THE TRUST FUNDS

15 OF AMOUNTS PAID AS RESTITUTION TO

16 THE COMMISSIONER.—Funds paid to the 

17 Commissioner as restitution pursuant to a 

18 court order under this subparagraph shall 

19 be deposited in the Federal Old-Age and 

20 Survivors Insurance Trust Fund or the 

21 Federal Disability Insurance Trust Fund, 

22 as appropriate. 

23 ‘‘(c) CREATION OF EMPLOYMENT VERIFICATION AD24 VISORY PANEL.— 


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1 ‘‘(1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of the New Em3 ployee Verification Act of 2009, the Commissioner 

4 shall establish an Employment Verification Advisory 

5 Panel (hereinafter in this subsection referred to as 

6 the ‘Advisory Panel’). 

7 ‘‘(2) MEMBERSHIP.—The Advisory Panel 

8 should consist of members appointed by the Com9 missioner, after consulting with the Secretary of 

10 Homeland Secretary, the Secretary of the Treasury, 

11 the Director of National Institutes of Standards and 

12 Technology, and other appropriate Federal agencies. 

13 Such members should include representatives from 

14 appropriate Federal agencies and private sector rep15 resentatives of affected industries and groups, in16 cluding immigration policy, human resource, em17 ployer and employee organizations, experts in fields 

18 including database security, biometrics, and privacy. 

19 ‘‘(3) FUNCTIONS.—The Advisory Panel shall 

20 advise the Commissioner and the Secretary of 

21 Homeland Security on the implementation and de22 ployment of the verification systems established 

23 under this section, including— 

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1 cation, user support, interoperability, and cost2 effectiveness of the systems established under 

3 this section; 

4 ‘‘(B) best practices and procedures in 

5 order to protect the privacy and identities of in6 dividuals enrolled in the systems established 

7 under this section; 

8 ‘‘(C) standards of database accuracy, error 

9 rates, privacy, and measurable compliance that 

10 should be met before implementation begins 

11 and before each additional phase of implemen12 tation; and 

13 ‘‘(D) the best means by which data ob14 tained through the EEVS and the SEEVS may 

15 be used to timely improve the accuracy of data16 bases maintained by the Commissioner and the 

17 Secretary of Homeland Security. 

18 ‘‘(4) TERMINATION.—The Advisory Panel shall 

19 terminate 5 years after the date of the enactment of 

20 this Act.’’. 

21 (2) AUTHORIZATION OF APPROPRIATIONS AND

22 LIMITATION OF RESPONSIBILITIES.— 

23 (A) AUTHORIZATION.—There are author24 ized to be appropriated to the Commissioner of 

25 Social Security such sums as may be necessary 


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1 to carry out the amendments made by this sec2 tion. 

3 (B) LIMITATION.—The Commissioner of 

4 Social Security may carry out the Commis5 sioner’s responsibilities under the amendment 

6 made by paragraph (1) only to the extent that 

7 funds are appropriated in advance to cover the 

8 Commissioner’s full costs in carrying out such 

9 responsibilities. In no case shall funds from the 

10 Federal Old-Age and Survivors Insurance Trust 

11 Fund or the Federal Disability Insurance Trust 

12 Fund be used to carry out such responsibilities. 

13 (b) AMENDMENTS RELATING TO PROVISION OF IN14 FORMATION BY EMPLOYERS TO THE STATE DIRECTORY

15 OF NEW HIRES.—Section 453A(b) of the Social Security 

16 Act (42 U.S.C. 653a(b)) is amended— 

17 (1) in paragraph (1)(A), by striking ‘‘and social 

18 security number of the employee’’ and inserting 

19 ‘‘date of birth, and social security number (or such 

20 alien identification or authorization number as the 

21 Secretary of Homeland Security shall require) of the 

22 employee, the date the employee first reported for 

23 duty’’; and 

24 (2) in paragraph (2), by striking ‘‘—’’ and all 

25 that follows and inserting ‘‘not later than the 3rd 


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1 business day after the employee first reported for 

2 duty.’’. 

3 SEC. 104. ANTIDISCRIMINATION PROTECTIONS. 

4 (a) APPLICATION OF PROHIBITION OF DISCRIMINA5 TION TO VERIFICATION SYSTEM.—Section 274B(a) of the 

6 Immigration and Nationality Act (8 U.S.C. 1324b(a)) is 

7 amended— 

8 (1) in paragraph (1)— 

9 (A) in the matter preceding subparagraph 

10 (A), by inserting ‘‘, the verification of the indi11 vidual’s work authorization through the Elec12 tronic Employment Verification System de13 scribed in section 235(a) of the Social Security 

14 Act or the Secure Employment Eligibility 

15 Verification System described in section 235(b) 

16 of such Act,’’ after ‘‘the individual for employ17 ment’’; and 

18 (B) in subparagraph (B), by striking ‘‘in 

19 the case of a protected individual (as defined in 

20 paragraph (3)),’’; and 

21 (2) by amending paragraph (3) to read as fol22 lows: 

23 ‘‘(3) ANTIDISCRIMINATION REQUIREMENTS OF

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1 TEM AND THE SECURE EMPLOYMENT ELIGIBILITY

2 VERIFICATION SYSTEM.— 

3 ‘‘(A) IN GENERAL.—It is an unfair immi4 gration-related employment practice for a per5 son or other entity, in the course of partici6 pating in the Electronic Employment 

7 Verification System described in section 235(a) 

8 of the Social Security Act or the Secure Em9 ployment Eligibility Verification System de10 scribed in section 235(b) of such Act— 

11 ‘‘(i) to terminate or undertake any ad12 verse employment action due to an initial 

13 disapproval or disapproval unless author14 ized or required under such sections; 

15 ‘‘(ii) to use the verification system for 

16 screening of an applicant prior to an offer 

17 of employment; 

18 ‘‘(iii) except as described in sub19 sections (a)(3)(C) and (b)(4)(A) of section 

20 235 of such Act, to use the verification 

21 system for a current employee after the 

22 first day of employment, or for the re23 verification of an employee after the em24 ployee has satisfied the process described 


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1 in subsection (a) or (b) of section 235 of 

2 such Act; or 

3 ‘‘(iv) to require an individual to make 

4 an inquiry under the self-verification proce5 dures established under section 

6 235(b)(5)(A) of such Act. 

7 ‘‘(B) PREEMPLOYMENT SCREENING AND

8 BACKGROUND CHECK.—Nothing in subpara9 graph (A) shall be construed to preclude a pre10 employment screening or background check that 

11 is required or permitted under any other provi12 sion of law. 

13 ‘‘(C) RE-VERIFICATION.—A person or 

14 other entity, in the course of participating in 

15 the Electronic Employment Verification System 

16 described in section 235(a) of the Social Secu17 rity Act, shall not repeat the verification proc18 ess established by such section unless— 

19 ‘‘(i) the previously approved period of 

20 employment provided by the system has ex21 pired, or 

22 ‘‘(ii) if such person or other entity is 

23 the most recent such person or other entity 

24 in connection with the employee, the Com25 missioner of Social Security, in cooperation 


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1 with the Secretary of Homeland Security, 

2 has provided specific notice to re-verify the 

3 employee based on specific information 

4 about the employee’s authorization to be 

5 employed by such person or entity.’’. 

6 (b) INCREASE IN CIVIL MONEY PENALTIES.—Section 

7 274B(g)(2)(B)(iv) of such Act (8 U.S.C. 

8 1324b(g)(2)(B)(iv)) is amended— 

9 (1) in subclause (I), by striking ‘‘$250 and not 

10 more than $2,000’’ and inserting ‘‘$1,000 and not 

11 more than $4,000’’; 

12 (2) in subclause (II), by striking ‘‘$2,000 and 

13 not more than $5,000’’ and inserting ‘‘$4,000 and 

14 not more than $10,000’’; 

15 (3) in subclause (III), by striking ‘‘$3,000 and 

16 not more than $10,000’’ and inserting ‘‘$6,000 and 

17 not more than $20,000’’; and 

18 (4) in subclause (IV), by striking ‘‘$100 and 

19 not more than $1,000’’ and inserting ‘‘$500 and not 

20 more than $5,000’’. 

21 (c) EFFECTIVE DATE.—The amendments made by 

22 this section shall take effect on the date of the enactment 

23 of this Act and shall apply to violations occurring on or 

24 after such date. 


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1 SEC. 105. PENALTIES. 

2 Section 274A of the Immigration and Nationality Act 

3 (8 U.S.C. 1324a) is amended— 

4 (1) in subsection (e)(4)— 

5 (A) in subparagraph (A), in the matter be6 fore clause (i), by inserting ‘‘, subject to para7 graphs (10) through (12),’’ after ‘‘in an 

8 amount’’; 

9 (B) in subparagraph (A)(i), by striking 

10 ‘‘not less than $250 and not more than 

11 $2,000’’ and inserting ‘‘not less than $5,000 

12 and not more than $7,500’’; 

13 (C) in subparagraph (A)(ii), by striking 

14 ‘‘not less than $2,000 and not more than 

15 $5,000’’ and inserting ‘‘not less than $10,000 

16 and not more than $15,000’’; 

17 (D) in subparagraph (A)(iii), by striking 

18 ‘‘not less than $3,000 and not more than 

19 $10,000’’ and inserting ‘‘not less than $25,000 

20 and not more than $40,000’’; and 

21 (E) by amending subparagraph (B) to read 

22 as follows: 

23 ‘‘(B) may require the person or entity to 

24 take such other remedial action as is appro25 priate.’’; 

26 (2) in subsection (e)(5)— 


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1 (A) by inserting ‘‘, subject to paragraphs 

2 (10) through (12),’’ after ‘‘in an amount’’; 

3 (B) by striking ‘‘$100’’ and inserting 

4 ‘‘$1,000’’; 

5 (C) by striking ‘‘$1,000’’ and inserting 

6 ‘‘$25,000’’; 

7 (D) by striking ‘‘the size of the business of 

8 the employer being charged, the good faith of 

9 the employer’’ and inserting ‘‘the good faith of 

10 the employer being charged’’; and 

11 (E) by adding at the end the following sen12 tence: ‘‘Failure by a person or entity to utilize 

13 the employment eligibility verification system as 

14 required by law, or providing information to the 

15 system that the person or entity knows or rea16 sonably believes to be false, shall be treated as 

17 a violation of subsection (a)(1)(A).’’; 

18 (3) by adding at the end of subsection (e) the 

19 following new paragraphs: 

20 ‘‘(10) MITIGATION OF CIVIL MONEY PENALTIES

21 FOR SMALLER EMPLOYERS.—In the case of imposi22 tion of a civil penalty under paragraph (4)(A) with 

23 respect to a violation of subsection (a)(1)(A) or 

24 (a)(2) for hiring or continuation of employment by 

25 an employer and in the case of imposition of a civil 


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1 penalty under paragraph (5) for a violation of sub2 section (a)(1)(B) for hiring by an employer, the dol3 lar amounts otherwise specified in the respective 

4 paragraph shall be reduced as follows: 

5 ‘‘(A) In the case of an employer with an 

6 average of fewer than 26 full-time equivalent 

7 employees (as defined by the Secretary of 

8 Homeland Security), the amounts shall be re9 duced by 60 percent. 

10 ‘‘(B) In the case of an employer with an 

11 average of at least 26, but fewer than 101, full12 time equivalent employees (as so defined), the 

13 amounts shall be reduced by 40 percent. 

14 ‘‘(C) In the case of an employer with an 

15 average of at least 101, but fewer than 251, 

16 full-time equivalent employees (as so defined), 

17 the amounts shall be reduced by 20 percent. 

18 The last sentence of paragraph (4) shall apply under 

19 this paragraph in the same manner as it applies 

20 under such paragraph. 

21 ‘‘(11) EXEMPTION FROM PENALTY FOR INITIAL

22 GOOD FAITH VIOLATION.—In the case of imposition 

23 of a civil penalty under paragraph (4)(A) with re24 spect to a violation of subsection (a)(1)(A) or (a)(2) 

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1 ment or referral by person or entity and in the case 

2 of imposition of a civil penalty under paragraph (5) 

3 for a violation of subsection (a)(1)(B) for hiring or 

4 recruitment or referral by a person or entity, the 

5 penalty otherwise imposed shall be waived if the vio6 lator establishes that it was the first such violation 

7 of such provision by the violator and the violator 

8 acted in good faith. 

9 ‘‘(12) SAFE HARBOR FOR CONTRACTORS.—A 

10 person or other entity shall not be liable for a pen11 alty under paragraph (4)(A) with respect to the vio12 lation of subsection (a)(1)(A), (a)(1)(B), or (a)(2) 

13 with respect to the hiring or continuation of employ14 ment of an unauthorized alien by a subcontractor of 

15 that person or entity unless the person or entity 

16 knew that the subcontractor hired or continued to 

17 employ such alien in violation of such subsection.’’; 

18 (4) by amending paragraph (1) of subsection (f) 

19 to read as follows: 

20 ‘‘(1) CRIMINAL PENALTY.—Any person or enti21 ty which engages in a pattern or practice of viola22 tions of subsection (a)(1) or (2) shall be fined not 

23 more than $50,000 for each unauthorized alien with 

24 respect to which such a violation occurs, imprisoned 

25 for not less than one year, or both, notwithstanding 


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1 the provisions of any other Federal law relating to 

2 fine levels.’’; and 

3 (5) in subsection (f)(2), by striking ‘‘Attorney 

4 General’’ each place it appears and inserting ‘‘Sec5 retary of Homeland Security’’. 

6 SEC. 106. ANNUAL GAO STUDY AND REPORT. 

7 (a) REQUIREMENT.—The Comptroller General of the 

8 United States shall conduct an annual study of the Em9 ployment Eligibility Verification System described in sec10 tion 235(a) of the Social Security Act as added by this 

11 Act (hereinafter in the Act referred to as the ‘‘EEVS’’) 

12 and the Secure Employment Eligibility Verification Sys13 tem described in section 235(b) of such Act as added by 

14 this Act (hereinafter in the Act referred to as the 

15 ‘‘SEEVS’’). 

16 (b) PURPOSE.—The study shall evaluate the accu17 racy, efficiency, integrity, and impact of the EEVS and 

18 the SEEVS. 

19 (c) REPORT.—Not later than the date that is 15 

20 months after the date of the enactment of this Act, and 

21 annually thereafter, ending once the System has been fully 

22 implemented for 5 years, the Comptroller General shall 

23 submit to the Congress a report containing the findings 

24 of the study carried out under this section. Each such re25 port shall include, at a minimum, the following: 


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1 (1) An assessment of the EEVS and SEEVS 

2 performance with respect to the rate at which indi3 viduals who are eligible for employment in the 

4 United States are correctly approved within the time 

5 periods specified in section 235(a)(3)(B) of the So6 cial Security Act. 

7 (2) An assessment of the privacy and security 

8 of the EEVS and the SEEVS and its effects on 

9 identity fraud or the misuse of personal data. 

10 (3) An assessment of the effects of the EEVS 

11 and SEEVS on the employment of unauthorized 

12 aliens (as defined in section 274A(h)(3) of the Im13 migration and Nationality Act). 

14 (4) An assessment of the effects of the EEVS 

15 and the SEEVS, including the effects of initial dis16 approvals on unfair immigration-related employment 

17 practices, and employment discrimination based on 

18 national origin or citizenship status. 

19 (5) An assessment of the effects of the EEVS 

20 and SEEVS on employers. 

21 (6) An assessment of whether the Secretary and 

22 the Commissioner of Social Security have adequate 

23 resources to carry out the duties and responsibilities 

24 set forth in section 235 of the Social Security Act. 


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1 SEC. 107. DISCLOSURE TO THE SECRETARY OF HOMELAND 

2 SECURITY OF INFORMATION IN THE NA3 TIONAL DIRECTORY OF NEW HIRES ABOUT 

4 EMPLOYERS WITH THE GREATEST NUMBER 

5 OR PERCENTAGE OF EMPLOYEES WITH MIS6 MATCHED SOCIAL SECURITY INFORMATION. 

7 (a) IN GENERAL.—Section 453(j) of the Social Secu8 rity Act (42 U.S.C. 653(j)) is amended by adding at the 

9 end the following: 

10 ‘‘(11) DISCLOSURE TO SECRETARY OF HOME11 LAND SECURITY OF INFORMATION ABOUT EMPLOY12 ERS WITH THE GREATEST NUMBER OR PERCENTAGE

13 OF EMPLOYEES WITH MISMATCHED SOCIAL SECU14 RITY INFORMATION.— 

15 ‘‘(A) DISCLOSURE REQUIREMENT.— 

16 ‘‘(i) IN GENERAL.—Within 4 months 

17 after the Secretary receives from the Sec18 retary of Homeland Security, in accord19 ance with clause (ii) of this subparagraph, 

20 a written request for the information de21 scribed in subparagraph (B), the Secretary 

22 shall disclose the information to the Sec23 retary of Homeland Security, based on the 

24 information available on new hires for the 

25 12 months preceding compilation of infor26 mation in response to the request. 


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1 ‘‘(ii) SUNSET.—A request is received 

2 in accordance with this clause if the re3 quest is received in the 3-year period that 

4 begins with the date of the enactment of 

5 this paragraph. 

6 ‘‘(B) INFORMATION TO BE DISCLOSED.— 

7 The information described in this subparagraph 

8 is the following: 

9 ‘‘(i) TOP 1,000 EMPLOYERS WITH

10 GREATEST NUMBER OF EMPLOYEES WITH

11 MISMATCHED SOCIAL SECURITY INFORMA12 TION.—The name, taxpayer identification 

13 number, and address of each employer who 

14 is among the 1,000 employers ranked high15 est under subparagraph (C)(i), and the 

16 total number of mismatches with respect to 

17 the employees of each such employer. If 

18 there is more than 1 employer so ranked 

19 1,000th, then such information with re20 spect to all employers so ranked shall be 

21 included. 

22 ‘‘(ii) TOP 1,000 EMPLOYERS WITH

23 GREATEST PERCENTAGE OF EMPLOYEES

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1 fication number, and address of each em2 ployer who is among the 1,000 employers 

3 ranked highest under subparagraph (C)(ii), 

4 the total number of mismatches with re5 spect to the employees of each such em6 ployer, and the total percentage of the em7 ployees of each such employer with respect 

8 to whom there is a mismatch. If there is 

9 more than 1 employer so ranked 1,000th, 

10 then such information with respect to all 

11 employers so ranked shall be included. 

12 ‘‘(iii) TOP 500 EMPLOYERS WITH

13 GREATEST NUMBER OF EMPLOYEES WITH

14 SAME REPORTED SOCIAL SECURITY NUM15 BERS.—The name, taxpayer identification 

16 number, and address of each employer who 

17 is among the 500 employers ranked high18 est under subparagraph (C)(iii), and the 

19 total number of employees of each such 

20 employer who have the same social security 

21 account number as another employee of 

22 the employer. If there is more than 1 em23 ployer so ranked 500th, then such informa24 tion with respect to all employers so 

25 ranked shall be included. 


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1 ‘‘(C) RANKINGS OF EMPLOYERS.— 

2 ‘‘(i) RANKING BY NUMBER OF MIS3 MATCHED EMPLOYEES.—The Secretary 

4 shall assign a rank to each employer with 

5 respect to whom there is new hire informa6 tion which has been submitted to the Na7 tional Directory of New Hires, based on 

8 the number of employees of the employer 

9 with respect to whom there is a mismatch, 

10 as described in clause (iv). The Secretary 

11 shall assign a rank of 1 to the employer 

12 with the greatest number of such employ13 ees, and a lower rank to employers with 

14 lesser numbers of such employees. The 

15 Secretary shall assign the same rank to 

16 employers with the same number of such 

17 employees. 

18 ‘‘(ii) RANKING BY PERCENTAGE OF

19 MISMATCHED EMPLOYEES.—The Secretary 

20 shall assign a rank to each employer with 

21 respect to whom there is new hire informa22 tion which has been submitted to the Na23 tional Directory of New Hires, based on 

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1 match, as described in clause (iv). The 

2 Secretary shall assign a rank of 1 to the 

3 employer with the greatest percentage of 

4 such employees, and a lower rank to em5 ployers with lesser percentages of such em6 ployees. The Secretary shall assign the 

7 same rank to employers with the same per8 centage of such employees. 

9 ‘‘(iii) RANKING BY NUMBER OF EM10 PLOYEES WITH SAME SOCIAL SECURITY

11 ACCOUNT NUMBER.—The Secretary shall 

12 assign a rank to each employer with re13 spect to whom there is new hire informa14 tion which has been submitted to the Na15 tional Directory of New Hires, based on 

16 the number of employees of the employer 

17 whose social security account number re18 ported to the National Directory of New 

19 Hires is the same as the social security ac20 count number of another employee of the 

21 employer, so reported. The Secretary shall 

22 assign a rank of 1 to the employer with the 

23 greatest number of such employees, and a 

24 lower rank to employers with lesser num25 bers of such employees. The Secretary 


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1 shall assign the same rank to employers 

2 with the same number of such employees. 

3 ‘‘(iv) MISMATCHES.—For purposes of 

4 this paragraph, there is a mismatch with 

5 respect to an employee if the Secretary de6 termines that— 

7 ‘‘(I) the social security account 

8 number of the employee, as reported 

9 to the National Directory of New 

10 Hires (taking into account possible 

11 correction by the Social Security Ad12 ministration), is invalid; or 

13 ‘‘(II) the name and social secu14 rity account number of the employee, 

15 as so reported (taking into account 

16 such possible correction), do not 

17 match the name and social security 

18 account number of the employee in 

19 the records of the Social Security Ad20 ministration. 

21 ‘‘(D) LIMITATION ON USE OF DISCLOSED

22 INFORMATION.—The Secretary of Homeland 

23 Security may use the information disclosed pur24 suant to subparagraph (A) of this paragraph 

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1 ing compliance with the Immigration and Na2 tionality Act. 

3 ‘‘(E) CONDITION ON DISCLOSURE.—The 

4 Secretary shall make a disclosure in accordance 

5 with subparagraph (A) only to the extent that 

6 the Secretary determines that the disclosure 

7 would not interfere with the effective operation 

8 of the program under this part. 

9 ‘‘(F) REIMBURSEMENT OF HHS COSTS.— 

10 The Secretary of Homeland Security shall reim11 burse the Secretary, in accordance with sub12 section (k)(3), for the costs incurred by the 

13 Secretary in making the disclosures required by 

14 subparagraph (A) of this paragraph.’’. 

15 (b) CONFORMING AMENDMENT TO IEVS.— 

16 (1) IN GENERAL.—Section 1137(a)(3) of such 

17 Act (42 U.S.C. 1320b–7(a)(3)) is amended by in18 serting ‘‘(including the full name and social security 

19 account number of, and the aggregate wages paid to, 

20 each employee during the reporting period, and the 

21 name, address, and Federal employer identification 

22 number of each employer reporting wages)’’ after 

23 ‘‘quarterly wage reports’’. 


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1 (2) EFFECTIVE DATE.—The amendment made 

2 by paragraph (1) shall take effect 180 days after the 

3 date of the enactment of this Act. 

4 Subtitle B—Transition Provisions 

5 SEC. 111. PROTECTION OF SOCIAL SECURITY ADMINISTRA6 TION PROGRAMS. 

7 (a) FUNDING UNDER AGREEMENT.—Effective for 

8 fiscal years beginning on or after October 1, 2009, the 

9 Commissioner of Social Security and the Secretary of 

10 Homeland Security shall enter into and maintain an 

11 agreement which shall— 

12 (1) provide funds to the Commissioner for the 

13 full costs of the responsibilities of the Commissioner 

14 under section 404 of the Illegal Immigration Reform 

15 and Immigrant Responsibility Act of 1996 (8 U.S.C. 

16 1324a note), including (but not limited to)— 

17 (A) acquiring, installing, and maintaining 

18 technological equipment and systems necessary 

19 for the fulfillment of the responsibilities of the 

20 Commissioner under such section 404, but only 

21 that portion of such costs that are attributable 

22 exclusively to such responsibilities; and 

23 (B) responding to individuals who contest 

24 a tentative nonconfirmation provided by the 


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1 basic pilot confirmation system established 

2 under such section; 

3 (2) provide such funds quarterly in advance of 

4 the applicable quarter based on estimating method5 ology agreed to by the Commissioner and the Sec6 retary (except in such instances where the delayed 

7 enactment of an annual appropriation may preclude 

8 such quarterly payments); and 

9 (3) require an annual accounting and reconcili10 ation of the actual costs incurred and the funds pro11 vided under the agreement, which shall be reviewed 

12 by the Office of Inspector General of the Social Se13 curity Administration and the Department of Home14 land Security. 

15 (b) CONTINUATION OF EMPLOYMENT VERIFICATION

16 IN ABSENCE OF TIMELY AGREEMENT.—In any case in 

17 which the agreement required under subsection (a) for any 

18 fiscal year beginning on or after October 1, 2009, has not 

19 been reached as of October 1 of such fiscal year, the latest 

20 agreement between the Commissioner and the Secretary 

21 of Homeland Security providing for funding to cover the 

22 costs of the responsibilities of the Commissioner under 

23 section 404 of the Illegal Immigration Reform and Immi24 grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 

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1 cal year until such time as an agreement required under 

2 subsection (a) is subsequently reached, except that the 

3 terms of such interim agreement shall be modified by the 

4 Director of the Office of Management and Budget to ad5 just for inflation and any increase or decrease in the vol6 ume of requests under the basic pilot confirmation system. 

7 In any case in which an interim agreement applies for any 

8 fiscal year under this subsection, the Commissioner and 

9 the Secretary shall, not later than October 1 of such fiscal 

10 year, notify the Committee on Ways and Means, the Com11 mittee on the Judiciary, and the Committee on Appropria12 tions of the House of Representatives and the Committee 

13 on Finance, the Committee on the Judiciary, and the 

14 Committee on Appropriations of the Senate of the failure 

15 to reach the agreement required under subsection (a) for 

16 such fiscal year. Until such time as the agreement re17 quired under subsection (a) has been reached for such fis18 cal year, the Commissioner and the Secretary shall, not 

19 later than the end of each 90-day period after October 

20 1 of such fiscal year, notify such Committees of the status 

21 of negotiations between the Commissioner and the Sec22 retary in order to reach such an agreement. 


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1 SEC. 112. GAO STUDY OF BASIC PILOT CONFIRMATION SYS2 TEM. 

3 (a) IN GENERAL.—As soon as practicable after the 

4 date of the enactment of this Act, the Comptroller General 

5 of the United States shall conduct a study regarding erro6 neous tentative nonconfirmations under the basic pilot 

7 confirmation system established under section 404(a) of 

8 the Illegal Immigration Reform and Immigrant Responsi9 bility Act of 1996 (8 U.S.C. 1324a note). The results of 

10 the study shall be taken into account in the implementa11 tion of the amendments made by subtitle A. 

12 (b) MATTERS TO BE STUDIED.—In the study re13 quired under subsection (a), the Comptroller General shall 

14 determine and analyze— 

15 (1) the causes of erroneous tentative noncon16 firmations under the basic pilot confirmation system; 

17 (2) the processes by which such erroneous ten18 tative nonconfirmations are remedied; and 

19 (3) the effect of such erroneous tentative non20 confirmations on individuals, employers, and Federal 

21 agencies. 

22 (c) REPORT.—Not later than 2 years after the date 

23 of the enactment of this Act, the Comptroller General shall 

24 submit the results of the study required under subsection 

25 (a) to the Committee on Ways and Means and the Com26 mittee on the Judiciary of the House of Representatives 


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1 and the Committee on Finance and the Committee on the 

2 Judiciary of the Senate. 

3 SEC. 113. GAO STUDY OF EFFECTS OF BASIC PILOT PRO4 GRAM ON SMALL ENTITIES. 

5 (a) IN GENERAL.—Not later than 2 years after the 

6 date of the enactment of this Act, the Comptroller General 

7 of the United States shall submit to the Committees on 

8 the Judiciary of the United States House of Representa9 tives and the Senate a report containing the Comptroller 

10 General’s analysis of the effects of the basic pilot program 

11 described in section 403(a) of the Illegal Immigration Re12 form and Immigrant Responsibility Act of 1996 (8 U.S.C. 

13 1324a note) on small entities (as defined in section 601 

14 of title 5, United States Code). The analysis shall be taken 

15 into account in the implementation of the amendments 

16 made by subtitle A. The report shall detail— 

17 (1) the costs of compliance with such program 

18 on small entities; 

19 (2) a description and an estimate of the number 

20 of small entities enrolled and participating in such 

21 program or an explanation of why no such estimate 

22 is available; 

23 (3) the projected reporting, recordkeeping and 

24 other compliance requirements of such program on 

25 small entities; 


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1 (4) factors that impact small entities’ enroll2 ment and participation in such program, including 

3 access to appropriate technology, geography, entity 

4 size, and class of entity; and 

5 (5) the steps, if any, the Secretary of Homeland 

6 Security has taken to minimize the economic impact 

7 of participating in such program on small entities. 

8 (b) DIRECT AND INDIRECT EFFECTS.—The report 

9 shall cover, and treat separately, direct effects (such as 

10 wages, time, and fees spent on compliance) and indirect 

11 effects (such as the effect on cash flow, sales, and competi12 tiveness). 

13 (c) SPECIFIC CONTENTS.—The report shall provide 

14 specific and separate details with respect to— 

15 (1) small businesses (as defined in section 601 

16 of title 5, United States Code) with fewer than 50 

17 employees; and 

18 (2) small entities operating in States that have 

19 mandated use of the basic pilot program. 

20 TITLE II—OASDI BENEFITS 

21 SEC. 201. DENIAL OF CREDIT TOWARD BENEFITS FOR 

22 EARNINGS FROM UNAUTHORIZED WORK. 

23 (a) IN GENERAL.—Section 214 of the Social Security 

24 Act (42 U.S.C. 414) is amended by adding at the end the 

25 following: 


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1 ‘‘(d)(1) No quarters of coverage shall be credited for 

2 purposes of this section or section 223(a)(1)(A) for any 

3 calender year in the case of any individual if— 

4 ‘‘(A) on the last day of such year, such indi5 vidual is not a citizen or national of the United 

6 States, and 

7 ‘‘(B) the Secretary of Homeland Security deter8 mines, pursuant to paragraph (2), that such indi9 vidual was not authorized to be employed in the 

10 United States during any portion of such calender 

11 year. 

12 ‘‘(2)(A) The Secretary of Homeland Security shall 

13 enter into an agreement with the Commissioner to provide, 

14 in a form and manner specified by the Commissioner, such 

15 information as the Commissioner determines necessary to 

16 carry out the limitations on crediting quarters of coverage 

17 for years under paragraph (1). 

18 ‘‘(B) For the purpose of carrying out the Secretary’s 

19 duties under subparagraph (A), the Secretary of Home20 land Security shall, in consultation with the Commis21 sioner, develop and maintain the following information: 

22 ‘‘(i) The name, social security account number, 

23 and date of birth of each individual who is author24 ized by the Secretary of Homeland Security or the 


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1 Secretary of State to be employed in the United 

2 States. 

3 ‘‘(ii) The date on which each such authorization 

4 is granted. 

5 ‘‘(iii) The date on which each such authoriza6 tion is revoked or terminated. 

7 ‘‘(iv) The date of naturalization for each indi8 vidual who becomes a naturalized citizen of the 

9 United States. 

10 ‘‘(C) The information provided to the Commissioner 

11 under subparagraph (A) relating to years in which an indi12 vidual was not authorized to be employed in the United 

13 States during any portion of a year shall be the final de14 termination of the Secretary of Homeland Security after 

15 an opportunity for review or appeal under procedures 

16 which shall be established by the Secretary of Homeland 

17 Security and shall not be reviewable by the Commissioner. 

18 ‘‘(3) Paragraph (1) shall not apply with respect to 

19 an individual who was assigned a social security account 

20 number prior to the date of the enactment of the New 

21 Employee Verification Act of 2009.’’. 

22 (b) DISREGARD OF EARNINGS FOR YEARS FOR

23 WHICH NO QUARTER OF COVERAGE MAY BE CRED24 ITED.—Section 215(e) of such Act (42 U.S.C. 415(e)) is 

25 amended— 


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1 (1) by striking ‘‘and’’ at the end of paragraph 

2 (1); 

3 (2) by striking the period at the end of para4 graph (2) and inserting ‘‘; and’’; and 

5 (3) by adding at the end the following new 

6 paragraph: 

7 ‘‘(3) in computing the average indexed monthly 

8 earnings of an individual, there shall not be counted 

9 any annual wages or self-employment income for any 

10 year for which no quarter of coverage may be cred11 ited to such individual as a result of the application 

12 of section 214(d)(1).’’. 

13 (c) TRANSMISSION OF INFORMATION FROM COMMIS14 SIONER TO SECRETARY.—Section 205(c)(2) of such Act 

15 (42 U.S.C. 405(c)(2)) is amended by adding at the end 

16 the following new subparagraph: 

17 ‘‘(I) The Commissioner and the Secretary of Home18 land Security shall enter into an agreement to establish 

19 a system to transmit to the Secretary of Homeland Secu20 rity any social security account number assigned to an in21 dividual after the date of the enactment of the New Em22 ployee Verification Act of 2009, and other identifying in23 formation relating to such individual, in any case in which 

24 such individual is not a citizen or national of the United 

25 States at the time of the assignment of such number to 


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1 such individual. The Secretary of Homeland Security shall 

2 incorporate such number and other identifying informa3 tion into all records of the Department of Homeland Secu4 rity maintained with respect to such individual.’’. 

5 (d) EFFECTIVE DATES.— 

6 (1) Section 214(d)(1) of the Social Security Act 

7 (added by subsection (a)) shall be effective with re8 spect to quarters of coverage credited for calendar 

9 years commencing after the date on which the Sec10 retary of Homeland Security and the Commissioner 

11 certify, by publication in the Federal Register, that 

12 the system for developing and maintaining informa13 tion pursuant to section 214(d)(2)(B) of the Social 

14 Security Act (added by subsection (a)) is oper15 ational. 

16 (2) The Commissioner of Social Security and 

17 the Secretary of Homeland Security shall enter into 

18 the agreement described in section 205(c)(2) of the 

19 Social Security Act (added by subsection (c)) not 

20 later than 180 days after the date of the enactment 

21 of this Act. 


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1 SEC. 202. IMPROVEMENTS IN PROVISIONS GOVERNING TO2 TALIZATION AGREEMENTS. 

3 (a) ADDITIONAL INFORMATION REQUIRED IN DOCU4 MENT TRANSMITTING TOTALIZATION AGREEMENTS TO

5 THE CONGRESS.— 

6 (1) IN GENERAL.—Section 233(e)(1) of the So7 cial Security Act (42 U.S.C. 433(e)(1)) is amended 

8 to read as follows: 

9 ‘‘(e)(1) Any agreement to establish a totalization ar10 rangement entered into pursuant to this section (and any 

11 such agreement to amend a totalization arrangement) 

12 shall be transmitted by the President to each House of 

13 the Congress together with a report by the President in 

14 support of such agreement. The President’s report shall 

15 include the following: 

16 ‘‘(A) an identification and assessment by the 

17 Commissioner of Social Security of the major risks 

18 associated with entering into such an agreement 

19 with such other country, including an assessment 

20 of— 

21 ‘‘(i) the integrity of such other country’s 

22 data and records on births, deaths, marriages, 

23 divorces, earnings, and other information affect24 ing eligibility for benefits or benefit amounts, 

25 and 


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1 ‘‘(ii) the potential for fraudulent receipt of 

2 benefits under this title and how any such po3 tential fraud would be mitigated; 

4 ‘‘(B) the number of individuals who are United 

5 States citizens estimated by the Chief Actuary of the 

6 Social Security Administration to be affected by the 

7 agreement; 

8 ‘‘(C) the number of individuals who are not 

9 United States citizens estimated by the Chief Actu10 ary to be affected by the agreement; 

11 ‘‘(D) the Chief Actuary’s estimate of any result12 ing reduction in liability for taxes or contributions 

13 and increases in benefit payments, under the social 

14 security system established by this title and the so15 cial security system of such other country, of— 

16 ‘‘(i) individuals who are United States citi17 zens and their employers, and 

18 ‘‘(ii) individuals who are not United States 

19 citizens and their employers; 

20 ‘‘(E) the Chief Actuary’s estimate of the effect 

21 of the agreement, in the short-term and in the long22 term, on the receipts and disbursements under the 

23 social security system established by this title; and 

24 ‘‘(F) an analysis by the Chief Actuary of the 

25 sensitivity of the estimates of the Chief Actuary to 


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1 alternative assumptions with respect to economic 

2 and demographic variables.’’. 

3 (2) EFFECTIVE DATE.—The amendment made 

4 by this subsection shall apply with respect to agree5 ments, establishing totalization arrangements pursu6 ant to section 233 of the Social Security Act, which 

7 are transmitted to the Congress on or after the date 

8 of the enactment of this Act. 

9 (b) APPROVAL OF TOTALIZATION AGREEMENTS BY

10 JOINT RESOLUTION.— 

11 (1) IN GENERAL.—Section 233(e) of such Act 

12 (42 U.S.C. 433(e)) is amended by striking para13 graph (2) and inserting the following new para14 graphs: 

15 ‘‘(2)(A) Except as provided in paragraph (4) or (5), 

16 the agreement transmitted to the Congress pursuant to 

17 paragraph (1) may enter into force according to its terms 

18 or upon the expiration of the period of 60 calendar days 

19 following the date of its transmittal to each House of the 

20 Congress (excluding Saturdays, Sundays, holidays, and 

21 days on which either House of Congress is not in session), 

22 whichever is later. 

23 ‘‘(B) Whenever a document setting forth an agree24 ment entered into under this section and the President’s 

25 report in support of the agreement is transmitted to the 


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1 Congress pursuant to paragraph (1), copies of such docu2 ment shall be delivered to both Houses of Congress on 

3 the same day and shall be delivered to the Clerk of the 

4 House of Representatives if the House is not in session 

5 and to the Secretary of the Senate if the Senate is not 

6 in session. 

7 ‘‘(3)(A) Any document setting forth an agreement en8 tered into under this section and transmitted to each 

9 House of the Congress pursuant to paragraph (1) shall 

10 set forth a determination of the Chief Actuary of the So11 cial Security Administration as to whether there is ex12 pected, over the 75-year period following the date of the 

13 entry into force of the agreement, a net reduction in any 

14 positive actuarial balance for such period of the social se15 curity system established by this title (or a net increase 

16 in any negative actuarial balance for such period for such 

17 system) attributable to the operation of such agreement 

18 equal to at least 0.005 percent of the present value of tax19 able payroll for such period. 

20 ‘‘(B) For purposes of this paragraph— 

21 ‘‘(i) The term ‘actuarial balance’ means, with 

22 respect to a period, the difference between the ad23 justed summarized income rate over such period and 

24 the adjusted summarized cost rate over such period. 


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1 ‘‘(ii) The term ‘taxable payroll’ means, for a pe2 riod, the total wages (as defined in section 209) to 

3 be paid, and self-employment income (as defined in 

4 section 211(b)) to be derived, during such period. 

5 ‘‘(iii) The term ‘adjusted summarized income 

6 rate’ means, over a period, the ratio (expressed as 

7 a percentage) of the sum of the trust fund balance 

8 at the beginning of the period plus the present value 

9 of the total income from taxes during such period, 

10 to the present value of the taxable payroll for such 

11 period. 

12 ‘‘(iv) The term ‘adjusted summarized cost rate’ 

13 means, over a period, the ratio (expressed as a per14 centage) of the sum of the present value of the cost 

15 during such period plus the present value of the tar16 geted trust fund balance, to the present value of the 

17 taxable payroll for the years for such period. 

18 ‘‘(v) The term ‘trust fund balance’ means the 

19 combined balance of the Federal Old-Age and Sur20 vivors Insurance Trust Fund and the Federal Dis21 ability Insurance Trust Fund (hereinafter in this 

22 subparagraph referred to as the ‘Trust Funds’). 

23 ‘‘(vi) The term ‘income from taxes’ means, dur24 ing a period, the amounts deposited in the Trust 

25 Funds as appropriations during the period based on 


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1 taxes under chapters 2 and 21 and section 86 of the 

2 Internal Revenue Code of 1986. 

3 ‘‘(vii) The term ‘cost’ means, during a period, 

4 disbursements from the Trust Funds during such 

5 period, including scheduled benefit payments, special 

6 monthly payments to certain uninsured persons who 

7 have 3 or more quarters of coverage (and whose pay8 ments are therefore not reimbursable from the gen9 eral fund of the Treasury), administrative expenses, 

10 net transfers from the Trust Funds to the Railroad 

11 Retirement program under financial-interchange 

12 provisions, and payments for vocational rehabilita13 tion services for disabled beneficiaries, and excluding 

14 special monthly payments to certain uninsured per15 sons whose payments are reimbursable from the gen16 eral fund of the Treasury, and transfers under the 

17 interfund borrowing provisions of section 201(l). 

18 ‘‘(viii) The term ‘target trust fund balance’ 

19 means the trust fund balance, as of the end of the 

20 75-year period described in subparagraph (A), nec21 essary to support an OASDI trust fund ratio (as de22 fined in section 201(l)(3)(B)(iii)) of 100 percent for 

23 the year following the last year of such period. 

24 ‘‘(C) In making determinations under this paragraph, 

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1 tions of the Board of Trustees of the Federal Old-Age and 

2 Survivors Insurance Trust Fund and the Federal Dis3 ability Insurance Trust Fund in its most recent annual 

4 report issued pursuant to section 201. 

5 ‘‘(4) An agreement entered into under this section 

6 shall not enter into force if there is enacted into law, dur7 ing the period of 60 calendar days specified in paragraph 

8 (2)(A), a bill or joint resolution disapproving such agree9 ment. 

10 ‘‘(5) In any case in which the determination of the 

11 Chief Actuary described in subparagraph (A) of paragraph 

12 (3) in connection with an agreement entered into under 

13 this section is that, with respect to the 75-year period de14 scribed in such subparagraph, there is expected a net re15 duction, in the actuarial balance for such period of the 

16 social security system established by this title, which— 

17 ‘‘(A) is attributable to the operation of such 

18 agreement, and 

19 ‘‘(B) is equal to at least 0.005 percent of the 

20 present value of taxable payroll for such period, 

21 such agreement shall not enter into force unless, during 

22 the period of 60 calendar days specified in paragraph 

23 (2)(A), there is enacted into law a bill or joint resolution 

24 approving such agreement. 


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1 ‘‘(6)(A) The provisions of this paragraph are enacted 

2 by the Congress— 

3 ‘‘(i) as an exercise of the rulemaking power of 

4 the House of Representatives and the Senate, re5 spectively, and as such they are deemed a part of 

6 the rules of each House, respectively, but applicable 

7 only with respect to the procedure to be followed in 

8 that House in the case of disapproval resolutions 

9 and approval resolutions, and they supersede other 

10 rules only to the extent that they are inconsistent 

11 therewith; and 

12 ‘‘(ii) with full recognition of the constitutional 

13 right of either House to change the rules (so far as 

14 relating to the procedure of that House) at any time, 

15 in the same manner and to the same extent as in 

16 the case of any other rule of that House. 

17 ‘‘(B) During the period of 60 calendar days specified 

18 in paragraph (2)(A), it shall be in order as a matter of 

19 highest privilege in each House of the Congress to con20 sider a bill or joint resolution described in paragraph (4) 

21 or (5) providing solely for the disapproval or approval of 

22 an agreement entered into under this section, if offered 

23 by the majority leader or minority leader of such House 

24 (or a designee). 


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1 ‘‘(C) For purposes of consideration of a bill or joint 

2 resolution described in paragraph (4) or (5) providing 

3 solely for approval or disapproval of an agreement under 

4 this section, the agreement shall not be subject to amend5 ment after the transmittal to each House of the Congress 

6 pursuant to paragraph (1).’’. 

7 (2) EFFECTIVE DATE.—The amendment made 

8 by this subsection shall apply with respect to agree9 ments, establishing totalization arrangements pursu10 ant to section 233 of the Social Security Act, which 

11 are transmitted to the Congress on or after the date 

12 of the enactment of this Act. 

13 (3) SPECIAL RULE.—Notwithstanding sub14 section (e) of section 233 of the Social Security Act 

15 (as in effect prior to the amendments made by this 

16 section), any agreement entered into pursuant to 

17 such section 233, establishing totalization arrange18 ments between the social security system established 

19 by title II of such Act and the social security system 

20 of another country, which— 

21 (A) was signed by the Commissioner of So22 cial Security in June 2004, and 

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1 tember 1, 2007, and before the date of the en2 actment of this Act, 

3 shall be deemed not to have entered into force as of 

4 the date of the enactment of this Act and shall be 

5 deemed to enter into force after such date only as 

6 provided in section 233(e) of such Act (as amended 

7 by this section) as if such agreement had been trans8 mitted to the Congress on the date on which the 

9 President transmits to the Congress on or after such 

10 date, pursuant to section 233(e)(1) of such Act (as 

11 amended by this section), a report in support of 

12 such agreement meeting the requirements of such 

13 section 233(e)(1) (as so amended). 

14 (c) BIENNIAL REPORTS TO THE CONGRESS REGARD15 ING ONGOING OPERATION OF TOTALIZATION AGREE16 MENTS.— 

17 (1) IN GENERAL.—Section 233 of such Act (42 

18 U.S.C. 433) is amended by adding at the end the 

19 following new subsection: 

20 ‘‘Biennial Oversight Reports 

21 ‘‘(f) The Commissioner of Social Security shall sub22 mit biennially to the Committee on Ways and Means of 

23 the House of Representatives and the Committee on Fi24 nance of the Senate a report evaluating the operation, dur25 ing the preceding 2-year period covered by the report, of 


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1 each agreement entered into pursuant to this section. 

2 Such report shall include— 

3 ‘‘(1) if the report is submitted during the 10- 

4 year period following the date on which the agree5 ment enters into force, the change in benefit costs 

6 under the social security system established by this 

7 title which is attributable to the agreement, as esti8 mated as of the date of the report, and the change 

9 in contributions under such system which is attrib10 utable to such agreement, as so estimated, 

11 ‘‘(2) information relating to actual, or perceived 

12 potential, fraudulent receipt of benefits attributable 

13 to the operation of the agreement under the social 

14 security system established by this title, 

15 ‘‘(3) information relating to perceived problems 

16 with the integrity of the other country’s data and 

17 records used in determining eligibility for benefits or 

18 benefit amounts, and 

19 ‘‘(4) if the report is submitted during the 10- 

20 year period following the date on which the agree21 ment enters into force, information relating to demo22 graphic or other trends that may cause future devi23 ations from the original estimates of costs to each 

24 social security system which are attributable to the 

25 agreement.’’. 


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1 (2) INITIAL REPORT.—The Commissioner of 

2 Social Security shall submit the initial report pursu3 ant to section 233(f) of the Social Security Act 

4 (added by this subsection) not later than December 

5 31, 2009. 

6 SEC. 203. SUSPENSION OF BENEFITS FOR INDIVIDUALS RE7 MOVED FROM THE UNITED STATES. 

8 (a) IN GENERAL.—Section 202(n)(1) of the Social 

9 Security Act (42 U.S.C. 402(n)(1)) is amended— 

10 (1) in subparagraph (A), by striking ‘‘, on the 

11 basis of his wages and self-employment income,’’; 

12 (2) in subparagraph (B), by striking ‘‘and’’ at 

13 the end; 

14 (3) in subparagraph (C), by striking the period 

15 and inserting ‘‘, and’’; and 

16 (4) by adding at the end the following new sub17 paragraph: 

18 ‘‘(D) no lump sum death payment shall be 

19 made to such individual after the Commissioner of 

20 Social Security is notified by the Attorney General 

21 or the Secretary of Homeland Security that such in22 dividual has been so removed.’’. 

23 (b) EFFECTIVE DATE.—The amendments made by 

24 this section shall apply to any individual with respect to 

25 whose removal from the United States the Commissioner 


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1 of Social Security receives notification from the Attorney 

2 General or the Secretary of Homeland Security after the 

3 twelfth month that begins after the date of the enactment 

4 of this Act. 

Æ 


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