I 

110TH CONGRESS 

2D SESSION H. R. 5515 

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 

FEBRUARY 28, 2008 

Mr. SAM JOHNSON of Texas (for himself, Mr. LEWIS of Kentucky, Mr. BRADY

of Texas, and Mr. RYAN of Wisconsin) introduced the following bill; 

which was referred to the Committee on the Judiciary, and in addition 

to the Committees on Ways and Means, Education and Labor, and Rules, 

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 2008’’. 

6 TITLE I—ELECTRONIC 

7 EMPLOYMENT VERIFICATION 

8 SEC. 101. AMENDMENTS TO IMMIGRATION LAWS TO IM9 PROVE EMPLOYMENT AUTHORIZATION 

10 VERIFICATION. 

11 (a) IN GENERAL.— 

12 (1) CHANGE IN EMPLOYMENT ELIGIBILITY

13 VERIFICATION PROCESS.—Section 274A of the Im14 migration and Nationality Act (8 U.S.C. 1324a) is 

15 amended— 

16 (A) in subsection (a)(1)(B)— 

17 (i) in clause (i), by striking ‘‘sub18 section (b)’’ and inserting ‘‘(b), (c), or 

19 (d)’’; and 

20 (ii) in clause (ii), by striking ‘‘sub21 section (b).’’ and inserting ‘‘subsection (b), 

22 (c), or (d).’’; and 

23 (B) in subsection (b), in the matter pre24 ceding paragraph (1), by striking ‘‘United 


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

2 subject to compliance with this subsection,’’. 

3 (2) VERIFICATION VIA EEVS AND SEEVS SYS4 TEMS.—Subsections (c) and (d) of section 274A of 

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

6 1324a) are amended to read as follows: 

7 ‘‘(c) ELECTRONIC EMPLOYMENT VERIFICATION SYS8 TEM.— 

9 ‘‘(1) ENROLLMENT.— 

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

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

12 is not in compliance with such subsection by 

13 reason of compliance with subsection (d), shall 

14 participate in the Electronic Employment 

15 Verification System established under section 

16 235(a) of the Social Security Act (the ‘EEVS’) 

17 on a schedule established in accordance with 

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

19 with respect to all hiring, recruitment, and re20 ferral described in subsection (a)(1)(B) occur21 ring after the earlier of the date on which the 

22 entity— 

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

24 paragraph; or 

25 ‘‘(ii) voluntarily registers. 


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1 ‘‘(B) VOLUNTARY PARTICIPATION.—The 

2 Secretary of Homeland Security, in consultation 

3 with the Commissioner of Social Security, may 

4 permit any person or other entity subject to 

5 subsection (a)(1)(B), and that is not yet re6 quired to participate in the EEVS under section 

7 235(a)(4) of the Social Security Act to partici8 pate in the EEVS on a voluntary basis. 

9 ‘‘(C) EXPEDITED PARTICIPATION.—The 

10 Secretary of Homeland Security, on a case-by11 case or classwide basis, may require any person 

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

13 and that is not yet required to participate in 

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

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

16 alternatively, the Secure Employment Eligibility 

17 Verification System established under section 

18 235(b) of the Social Security Act (the 

19 ‘SEEVS’) on an expedited basis if the Sec20 retary designates such person or entity as— 

21 ‘‘(i) employing individuals having ac22 cess to locations or information that have 

23 a direct impact on the security of the 

24 United States; or 


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1 ‘‘(ii) having engaged in material viola2 tions of this section. 

3 ‘‘(D) REQUIREMENT TO NOTIFY.—The 

4 Secretary of Homeland Security shall notify 

5 persons or entities required to register not less 

6 than 60 days prior to the effective date of such 

7 requirement through publication in the Federal 

8 Register regarding the requirement for partici9 pation in the EEVS under subparagraphs (A) 

10 and (C)(i) and by mail regarding the require11 ment for participation in the EEVS under sub12 paragraph (C)(ii). Such notice shall include the 

13 training materials described in section 

14 235(a)(5) of the Social Security Act. 

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

16 entity shall register to participate in the EEVS 

17 or the SEEVS in the manner prescribed by the 

18 Commissioner of Social Security prior to the 

19 date the person or entity is required or per20 mitted to submit information with respect to an 

21 individual under this subsection. 

22 ‘‘(F) CONSEQUENCE OF FAILURE TO PAR23 TICIPATE.—If a person or other entity is re24 quired or has elected to participate in the 


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1 EEVS or the SEEVS and fails to comply with 

2 the requirements thereof, such failure— 

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

4 subsection (a)(1)(B) punishable under sub5 section (e)(5); and 

6 ‘‘(ii) shall create a rebuttable pre7 sumption that the person or other entity 

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

9 that such presumption shall not apply to a 

10 prosecution under subsection (f)(1). 

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

12 person or other entity that participates in the 

13 EEVS or the SEEVS shall be liable under any 

14 law for any employment-related action taken 

15 with respect to an individual in reliance on in16 formation provided by the EEVS or the SEEVS 

17 (as applicable) in connection with such partici18 pation, if such action is taken in accordance 

19 with the requirements of this subsection, section 

20 235 of the Social Security Act, and applicable 

21 regulations prescribed thereunder. 

22 ‘‘(H) EXCLUSIVE MEANS OF

23 VERIFICATION.—If a person or other entity is 

24 required or has elected to participate in the 


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

2 to the person or other entity. 

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

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

5 or other entity registered to participate in the 

6 EEVS shall, with respect to the hiring, or re7 cruiting or referring for a fee, any individual 

8 for employment in the United States, obtain 

9 from the individual— 

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

11 birth; 

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

13 account number; and 

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

15 does not claim to be a national of the 

16 United States, such alien identification or 

17 authorization number as the Secretary 

18 shall require. 

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

20 or entity shall require that the individual 

21 produce one of the following documents con22 sistent with the status claimed by the individual 

23 and bearing identifying information consistent 

24 with that obtained from the individual: 


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

2 is a national of the United States— 

3 ‘‘(I) a United States passport; or 

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

5 card, issued by a State, the Common6 wealth of the Northern Mariana Is7 lands, or an outlying possession of the 

8 United States, that contains a photo9 graph of the individual, other identi10 fying information (including the indi11 vidual’s name, date of birth, gender, 

12 and address) and security features to 

13 make the license or card resistant to 

14 tampering, counterfeiting, and fraudu15 lent use. 

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

17 admitted for permanent residence in the 

18 United States, a permanent resident card, 

19 as specified by the Secretary, that contains 

20 a photograph of the individual, other iden21 tifying information (including name, date 

22 of birth, gender, and address), and con23 tains security features to make the docu24 ment resistant to tampering, counter25 feiting, and fraudulent use. 


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

2 authorized under the Immigration and Na3 tionality Act or by the Secretary of Home4 land Security to be employed in the United 

5 States, an employment authorization card, 

6 issued by the Secretary that contains a 

7 photograph of the individual, other identi8 fying information (including name, date of 

9 birth, gender, and address), and security 

10 features to make the document resistant to 

11 tampering, counterfeiting, and fraudulent 

12 use. 

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

14 is unable to obtain a document described 

15 in clause (i), (ii), or (iii), a document des16 ignated by the Secretary that contains a 

17 photograph of the individual, other identi18 fying information (including name, date of 

19 birth, gender, and address) and security 

20 features to make the document resistant to 

21 tampering, counterfeiting, and fraudulent 

22 use. 

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

24 Secretary finds that a document or class of doc25 uments described in clause (ii) is not reliable to 


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1 establish identity or is being used fraudulently 

2 to an unacceptable degree, the Secretary shall 

3 prohibit, or impose conditions, on the use of 

4 such documents or class of documents for pur5 poses of this subsection. The Secretary shall 

6 publish notice of any findings under this clause 

7 in the Federal Register. 

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

9 registered to participate in the EEVS shall attest, 

10 under penalty of perjury using an electronic signa11 ture or code approved by the Commissioner of Social 

12 Security through an internet or telephonic connec13 tion prescribed by the Commissioner, that registrant 

14 has obtained the information required by paragraph 

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

16 by paragraph (2)(B). 

17 ‘‘(4) CONSEQUENCES OF CERTAIN EEVS DETER18 MINATIONS.— 

19 ‘‘(A) NO CONTEST OF INITIAL DIS20 APPROVAL.—If an individual does not contest 

21 the initial disapproval notice described in sec22 tion 235(a)(3)(C)(ii) of the Social Security Act 

23 by the end of the 10-day period beginning on 

24 the date on which the notice is received from 

25 the employer, the disapproval shall become 


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1 final, and the employer shall, within 3 business 

2 days after the end of such 10-day period, termi3 nate the employment, recruitment, or referral of 

4 the individual by the employer. 

5 ‘‘(B) PERMISSIBLE DISMISSAL.— 

6 ‘‘(i) IN GENERAL.—An employer may 

7 dismiss an employee if the employee fails 

8 to obtain approval of employment eligibility 

9 by the end of the 20-day period beginning 

10 on the date on which an initial disapproval 

11 notice described in section 235(a)(3)(C)(ii) 

12 of the Social Security Act is received by 

13 the employee. In the case of any such fail14 ure to obtain approval, any continued em15 ployment of the employee by such employer 

16 shall be carried out under a consistent pol17 icy that treats similarly situated employees 

18 in the same manner. 

19 ‘‘(ii) EXCEPTION FOR RE20 VERIFICATION.—This subparagraph shall 

21 not apply to initial disapprovals received 

22 from the system in the course of re23 verification pursuant to subsection 

24 (a)(3)(C). 


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1 ‘‘(iii) EXCEPTION FOR INQUIRIES

2 PENDING BEFORE GOVERNMENT AGEN3 CY.—Nothing in this subparagraph shall 

4 be interpreted as requiring an employer to 

5 dismiss an employee while the inquiry re6 garding the employee’s eligibility for em7 ployment in the United States is pending 

8 with a governmental agency. 

9 ‘‘(iv) PROTECTION OF OTHER CAUSES

10 FOR TERMINATION.—Nothing in this sub11 paragraph shall affect the right of an em12 ployer to terminate the employment of an 

13 employee for any reason other than any 

14 such failure to obtain approval of employ15 ment eligibility. 

16 ‘‘(C) DISAPPROVAL.—In any case in which 

17 a disapproval notice described in section 

18 235(a)(3)(C)(v) of the Social Security Act is 

19 issued, the employer shall, within 3 business 

20 days after receipt of such notice, terminate the 

21 employment, recruitment, or referral of the in22 dividual who is the subject of the notice. 

23 ‘‘(D) PRESUMPTION OF VIOLATION.—If a 

24 person or other entity registered to participate 

25 in the EEVS continues, in violation of this 


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1 paragraph to employ, recruit, or refer an indi2 vidual, a rebuttable presumption is created that 

3 the registrant has violated subsections (a)(1)(A) 

4 and (a)(2) of this section, except that such pre5 sumption shall not apply to a prosecution under 

6 subsection (f)(1) of this section. 

7 ‘‘(d) SECURE EMPLOYMENT ELIGIBILITY

8 VERIFICATION SYSTEM.— 

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

10 day of operation of the SEEVS a person or other 

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

12 may elect to comply with such subsection by partici13 pating in the SEEVS. Such participation shall be in 

14 lieu of participation in the EEVS established under 

15 section 235(a) of the Social Security Act. Such par16 ticipation shall be subject to the requirements of sec17 tion 235(b) of such Act and the regulations issued 

18 under such section. 

19 ‘‘(2) REQUIREMENT TO NOTIFY.—The Sec20 retary of Homeland Security shall notify persons or 

21 entities subject to subsection (a)(1)(B) about the op22 portunity to participate in the SEEVS not less than 

23 60 days prior to the first day of operation of the 

24 system. 


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

2 by an employer that follows the required procedures 

3 of the system shall create a presumption that the 

4 employer has not violated the requirements of this 

5 Act with respect to its hiring decisions, which pre6 sumption shall only be overcome by clear and con7 vincing evidence of willful noncompliance resulting in 

8 the hiring of an unauthorized employee. 

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

10 a person or other entity is required or has elected 

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

12 shall not apply to the person or other entity. 

13 ‘‘(5) COMPLIANCE WITH EEVS REQUIREMENTS

14 UPON TERMINATION OF ELECTION.—If a person or 

15 other entity terminates its election to participate in 

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

17 compliance with subsection (c) with respect to all 

18 employment actions beginning on the date of such 

19 termination.’’. 

20 (b) ENHANCEMENT OF FEDERAL PREEMPTION

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

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

23 read as follows: 

24 ‘‘(2) PREEMPTION; NO NATIONAL IDENTIFICA25 TION CARD.— 


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

2 section preempt any provision of any law of any 

3 State or political subdivision thereof or any con4 tract entered into by any State or political sub5 division thereof which— 

6 ‘‘(i) imposes civil or criminal sanctions 

7 upon employers for actions governed by the 

8 Act; 

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

10 system of verification of the immigration 

11 status of employees or employment appli12 cants; 

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

14 the use of a federally mandated employ15 ment verification system for any other pur16 pose other than that required by Federal 

17 law, including verifying status of renters, 

18 determining eligibility for receipt of bene19 fits, enrollment in school, obtaining or re20 taining a business or other license provided 

21 by the unit of government, or conducting a 

22 background check; or 

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

24 an immigration status employment 

25 verification system for any purpose, except 


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1 as required by Federal law, including with2 out limitation, such purposes as— 

3 ‘‘(I) a condition of receiving a 

4 government contract; 

5 ‘‘(II) a condition of receiving a 

6 business license; or 

7 ‘‘(III) the basis of assessing a 

8 penalty. 

9 ‘‘(B) NO AUTHORIZATION OF NATIONAL

10 IDENTIFICATION CARD.—Nothing in this sec11 tion shall be construed to authorize, directly or 

12 indirectly, the issuance or use of national iden13 tification cards or the establishment of a na14 tional identification card.’’. 

15 (c) CONFORMING AMENDMENTS.— 

16 (1) REPEAL OF PILOT PROGRAMS FOR EMPLOY17 MENT ELIGIBILITY CONFIRMATION.—Subtitle A of 

18 title IV of the Illegal Immigration Reform and Im19 migrant Responsibility Act of 1996 (division C of 

20 Public Law 104–208; 8 U.S.C. 1324a note) is re21 pealed. 

22 (2) CONSTRUCTION.—Nothing in this sub23 section or in section 274A of the Immigration and 

24 Nationality Act (8 U.S.C. 1324a), as amended by 

25 this section, may be construed to limit the authority 


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1 of the Secretary of Homeland Security to allow or 

2 continue to allow the participation of employers who 

3 participated in a pilot program under subtitle A of 

4 title IV of the Illegal Immigration Reform and Im5 migrant Responsibility Act of 1996 (division C of 

6 Public Law 104–208; 8 U.S.C. 1324a note) to par7 ticipate in the Electronic Employment Verification 

8 System established under subsection (a) of section 

9 235 of the Social Security Act or the Secure Em10 ployment Eligibility Verification System established 

11 under subsection (b) of such section. 

12 (d) EFFECTIVE DATE.—The amendments made by 

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

14 of this Act, except that subsection (c)(1) shall not take 

15 effect until employers who participated in a pilot program 

16 under subtitle A of title IV of the Illegal Immigration Re17 form and Immigrant Responsibility Act of 1996 (division 

18 C of Public Law 104–208; 8 U.S.C. 1324a note) are able 

19 to participate in the Electronic Employment Verification 

20 System established under subsection (a) of section 235 of 

21 the Social Security Act or the Secure Employment Eligi22 bility Verification System established under subsection (b) 

23 of such section. 

24 (e) 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. 102. 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’) utilizing informa20 tion in the National Directory of New Hires (estab21 lished pursuant to section 453(i)). The EEVS 

22 shall— 

23 ‘‘(A) be accessible over the Internet and a 

24 toll-free telephone line maintained by the Com25 missioner; and 


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1 ‘‘(B) have the capacity to determine 

2 whether— 

3 ‘‘(i) identifying information with re4 spect to an individual, submitted by the 

5 subject employer, is consistent with the in6 formation maintained by the Commissioner 

7 (with respect to both citizens and nationals 

8 of the United States) and by the Secretary 

9 of Homeland Security (solely with respect 

10 to aliens); and 

11 ‘‘(ii) the individual is a citizen or na12 tional or is not an unauthorized alien (as 

13 defined in section 274A(h)(3) of the Immi14 gration and Nationality Act (8 U.S.C. 

15 1324a(h)(3))) with respect to the employ16 ment. 

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

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

19 connection with any individual, an employer (within 

20 the meaning of section 453A(a)(2)(B)(i)) of such in21 dividual and includes any person who recruits or re22 fers for employment such individual for a fee. 

23 ‘‘(3) VERIFICATION OF EMPLOYMENT AUTHOR24 IZATION.— 


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1 ‘‘(A) IN GENERAL.—The Commissioner 

2 shall, through the EEVS— 

3 ‘‘(i) respond to each inquiry regarding 

4 an individual’s identifying information and 

5 eligibility for employment in the United 

6 States for the subject employer, as re7 corded in the information maintained by 

8 the Commissioner or the Secretary of 

9 Homeland Security as appropriate, and in10 clude in the response the time period 

11 (which may be unlimited) for which the in12 dividual is authorized to be employed in 

13 the United States by such employer, as so 

14 recorded; and 

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

16 inquiry and the information provided in re17 sponse to such inquiry. 

18 ‘‘(B) SUBMISSION TO SYSTEM.— 

19 ‘‘(i) IN GENERAL.—A subject em20 ployer shall submit an inquiry through the 

21 EEVS to seek confirmation of an individ22 ual’s identifying information and eligibility 

23 for employment in the United States— 

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

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


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1 of the Immigration and Nationality 

2 Act (8 U.S.C. 1324a(a)(1)(B)), dur3 ing the period beginning on the date 

4 of hire and ending at the end of the 

5 third business day after the employee 

6 has reported for duty; and 

7 ‘‘(II) in the case of recruitment 

8 or referral for a fee subject to clause 

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

10 first day of such recruitment or refer11 ral. 

12 ‘‘(ii) REQUIRED INFORMATION.—Such 

13 inquiry shall include— 

14 ‘‘(I) the individual’s name and 

15 date of birth; 

16 ‘‘(II) the individual’s social secu17 rity account number; 

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

19 who does not claim to be a national of 

20 the United States, such alien identi21 fication or authorization number as 

22 the Secretary shall require. 

23 ‘‘(C) EEVS SCREENING OF EMPLOYMENT

24 ELIGIBILITY.— 


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1 ‘‘(i) IN GENERAL.—As soon as pos2 sible, but not later than 3 days after a 

3 subject employer submits an inquiry to the 

4 EEVS regarding an individual, the EEVS 

5 shall provide to the subject employer, 

6 through the EEVS, approval or initial dis7 approval of the employment of the indi8 vidual in the United States. 

9 ‘‘(ii) INITIAL DISAPPROVAL.—If a 

10 subject employer receives an initial dis11 approval from the system for an individual, 

12 the subject employer shall notify such indi13 vidual of the issuance of such disapproval 

14 in writing, on the form described in para15 graph (5)(E), not later than 3 days after 

16 receiving such notice. Such individual shall 

17 acknowledge receipt of such notice in writ18 ing on a form prescribed by the Commis19 sioner. The Commissioner shall provide the 

20 individual an opportunity to contest the 

21 initial disapproval, and the notification of 

22 the individual by the subject employer shall 

23 include a description of the individual’s 

24 right to contest such disapproval. 


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1 ‘‘(iii) CONTEST.—If the individual 

2 contests the initial disapproval, the indi3 vidual shall submit appropriate information 

4 to contest such notice under the proce5 dures established by the Commissioner, in 

6 consultation with the Secretary of Home7 land Security, not later than 10 days after 

8 receiving the notice from the subject em9 ployer. 

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

11 does not contest the initial disapproval no12 tice by the end of the 10-day period begin13 ning on the date on which the notice is re14 ceived from the subject employer, the dis15 approval shall become final, and the sub16 ject employer shall record on the system 

17 the appropriate code, in accordance with 

18 regulations of the Commissioner, to indi19 cate the individual did not contest the ini20 tial disapproval. An individual’s failure to 

21 contest an initial disapproval shall not be 

22 considered an admission of any fact with 

23 respect to any violation of this title, the 

24 Immigration and Nationality Act, or any 

25 other provision of law. 


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1 ‘‘(v) DISAPPROVAL.—The Commis2 sioner, in consultation with the Secretary 

3 of Homeland Security, shall ensure prompt 

4 resolution of the individual’s contest of the 

5 initial disapproval and issue either an ap6 proval or disapproval notice to the subject 

7 employer through the EEVS. 

8 ‘‘(D) ADMINISTRATIVE REVIEW OF DIS9 APPROVALS.— 

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

11 is terminated from employment pursuant 

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

13 274A(c)(4) of the Immigration and Na14 tionality Act may, not later than 30 days 

15 after the date of such termination, file an 

16 appeal of the disapproval notice resulting 

17 in such termination. 

18 ‘‘(ii) PROCEDURES.—The Commis19 sioner and the Secretary of Homeland Se20 curity shall jointly develop procedures to 

21 review appeals filed under clause (i) and— 

22 ‘‘(I) with respect to disapprovals 

23 based on information maintained by 

24 the Commissioner, the appeal shall be 

25 filed with the Commissioner and the 


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1 Commissioner shall make the final de2 terminations; and 

3 ‘‘(II) with respect to disapprovals 

4 based on information maintained by 

5 the Secretary of Homeland Security, 

6 the appeal shall be filed with the Sec7 retary of Homeland Security and the 

8 Secretary shall make the final deter9 minations on such appeals and pro10 vide certification of such final deter11 minations to the Commissioner. 

12 ‘‘(iii) REVIEW FOR ERRORS.—If a 

13 final determination on an appeal filed 

14 under clause (i) results in approval of an 

15 individual’s eligibility to work in the 

16 United States, the Commissioner (in the 

17 case of a final determination under clause 

18 (ii)(I)) or the Secretary of Homeland Secu19 rity (in the case of a final determination 

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

21 final disapproval notice issued for the indi22 vidual was the result of an act or omission 

23 that was the responsibility of the individual 

24 or from another cause. 

25 ‘‘(iv) COMPENSATION FOR ERRORS.— 


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1 ‘‘(I) IN GENERAL.—In any case 

2 in which the Commissioner makes a 

3 determination under this subpara4 graph that the disapproval notice 

5 issued for an individual was caused by 

6 a negligent, reckless, willful, or mali7 cious act of the Government and was 

8 not caused by an act or omission that 

9 was the responsibility of the indi10 vidual, or the Secretary of Homeland 

11 Security provides to the Commissioner 

12 certification of such a determination 

13 pursuant to clause (ii)(II), the Com14 missioner shall certify to the Treasury 

15 the amount of the lost wages and the 

16 Secretary of the Treasury shall com17 pensate the individual for such lost 

18 wages from the general fund of the 

19 Treasury. 

20 ‘‘(II) CALCULATION OF LOST

21 WAGES.—Lost wages shall be cal22 culated based on the wage rate and 

23 work schedule that prevailed prior to 

24 termination. The individual shall be 

25 compensated for wages lost beginning 


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1 on the first scheduled work day after 

2 employment was terminated and end3 ing 180 days after completion of the 

4 administrative review process de5 scribed in this paragraph or the day 

6 after the individual is reinstated or 

7 obtains employment elsewhere, which8 ever occurs first. 

9 ‘‘(III) LIMITATION ON COM10 PENSATION.—For purposes of deter11 mining an individual’s compensation 

12 for the loss of employment, such com13 pensation shall be reduced by any 

14 compensation earned from any em15 ployment during such period and shall 

16 not include any period in which the 

17 individual was ineligible for employ18 ment in the United States. 

19 ‘‘(E) JUDICIAL REVIEW OF DIS20 APPROVALS.— 

21 ‘‘(i) IN GENERAL.—An individual may 

22 obtain judicial review of a final determina23 tion under subparagraph (D) by a civil ac24 tion commenced not later than 30 days 

25 after the date of such determination. 


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

2 for such judicial review shall be brought in 

3 the district court of the United States for 

4 the judicial district in which the plaintiff 

5 resides, or has a principal place of busi6 ness, or, if the plaintiff does not reside or 

7 have a principal place of business within 

8 any such judicial district, in the District 

9 Court of the United States for the District 

10 of Columbia. 

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

12 the administrative record compiled during 

13 the administrative review under subpara14 graph (D), including the evidence received 

15 during such review, shall be filed in such 

16 civil action. The court shall have power to 

17 enter, upon the pleadings and administra18 tive record, a judgment affirming, modi19 fying or reversing such administrative deci20 sion, with or without remanding the matter 

21 for further proceedings. 

22 ‘‘(iv) COMPENSATION FOR ERROR.— 

23 In cases in which such judicial review re24 sults in a determination that compensation 

25 for lost wages is due, such compensation 


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1 shall be computed and paid in accordance 

2 with subparagraph (D)(iv). 

3 ‘‘(4) IMPLEMENTATION OF THE EEVS.— 

4 ‘‘(A) IN GENERAL.—The Commissioner 

5 shall establish a schedule for implementation of 

6 the EEVS that is designed to assure that the 

7 capacity of all aspects of the EEVS, including 

8 the equipment and personnel required to com9 plete reviews of contested initial disapprovals 

10 and corrections of erroneous records, within the 

11 time limits established by subparagraphs (C) 

12 and (D) of paragraph (3). 

13 ‘‘(B) PRIORITIES.—The schedule estab14 lished pursuant to subparagraph (A) shall be 

15 established based on the priority of maximizing 

16 the deterrent effect on illegal migration and un17 authorized employment on the most expeditious 

18 basis possible. 

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

20 schedule established pursuant to subparagraph 

21 (A) shall assure that all participants in the 

22 basic pilot program for employment eligibility 

23 verification described in section 403(a) of the 

24 Illegal Immigration Reform and Immigrant Re25 sponsibility Act of 1996 (8 U.S.C. 1324a note) 


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1 are registered in the EEVS as soon as feasible 

2 after the date of the enactment of the New Em3 ployee Verification Act of 2008. 

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

5 a subject employer with respect to one or more 

6 individuals as of the date of enactment of the 

7 New Employee Verification Act of 2008 shall be 

8 required to register in the EEVS, or be compli9 ant under subsection (b) of this section, not 

10 later than 36 months after such date. 

11 ‘‘(5) STANDARDS FOR OPERATION.— 

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

13 Commissioner, the Secretary of Homeland Se14 curity, and the Secretary of Health and Human 

15 Services shall establish procedures for col16 lecting, updating, removing, and adding data to 

17 the EEVS to ensure the accuracy and integrity 

18 of the data and to limit access to the data to 

19 authorized personnel. 

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

21 6 months before the first registration date, the 

22 Commissioner, in cooperation with the Sec23 retary of Health and Human Services, the Sec24 retary of Homeland Security, and the States, 

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1 garding the obligations imposed by this section, 

2 as well as instructional materials provided with3 out cost to the public regarding how to use the 

4 EEVS. 

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

6 than 6 months before the first registration date, 

7 the Commissioner, in cooperation with the Sec8 retary of Homeland Security, the Secretary of 

9 Health and Human Services, and the States, 

10 shall institute a comprehensive program of out11 reach and training for employers regarding the 

12 operation and benefits of using the verification 

13 systems described in this section and informing 

14 them of ongoing assistance resources for the 

15 implementation and use of such systems. 

16 ‘‘(D) EEVS REQUIREMENTS.—The Com17 missioner and the Secretary of Homeland Secu18 rity shall ensure the following: 

19 ‘‘(i) The EEVS— 

20 ‘‘(I) is fully integrated across ap21 propriate agencies; 

22 ‘‘(II) is accessible to all reg23 istered employers via internet and 

24 telephone; 


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1 ‘‘(III) allows for real-time data 

2 entry; and 

3 ‘‘(IV) contains a mechanism for 

4 subject employers to attest to their 

5 compliance. 

6 ‘‘(ii) Timely entry and access of all 

7 EEVS data. 

8 ‘‘(iii) A method to correct relevant 

9 EEVS data on a timely basis. 

10 ‘‘(iv) Secure procedures for individ11 uals to examine their records, request ex12 pedited corrections of errors, and appeal 

13 disapprovals concerning EEVS data under 

14 appeal procedures developed jointly by the 

15 Commissioner and the Secretary of Home16 land Security. 

17 ‘‘(v) Procedures limiting agency and 

18 contractor personnel authorized to enter 

19 EEVS data. 

20 ‘‘(vi) A 24-hour internet and tele21 phonic help-desk is available to respond to 

22 questions about the use of the system. 

23 ‘‘(E) NOTICES TO EMPLOYEES.—The Com24 missioner, in consultation with the Secretary of 

25 Homeland Security, shall develop a written 


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1 form for employers to provide to individuals for 

2 whom they receive an initial disapproval and 

3 disapproval notices that shall include— 

4 ‘‘(i) in the case of an initial dis5 approval— 

6 ‘‘(I) the right to contest such ini7 tial disapproval; and 

8 ‘‘(II) contact information for ini9 tiating such contest, including the ap10 propriate agency to contact and the 

11 procedures to follow in doing so; and 

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

13 right to appeal the disapproval, including 

14 the appropriate agency to contact and the 

15 procedures to follow in doing so. 

16 ‘‘(F) ADDITIONAL RESPONSIBILITIES OF

17 COMMISSIONER IN SUPPORT OF THE EEVS.— 

18 The Commissioner shall establish— 

19 ‘‘(i) a reliable, secure method for de20 termining, through the EEVS— 

21 ‘‘(I) whether the name, date of 

22 birth, and social security account 

23 number of an individual provided in 

24 an inquiry made to the EEVS by an 

25 employer is consistent with such inforVerDate Aug 31 2005 05:20 Feb 29, 2008 Jkt 069200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.IH H5515

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1 mation maintained by the Commis2 sioner; 

3 ‘‘(II) the citizenship status asso4 ciated with such name and social se5 curity account number, according to 

6 the records maintained by the Com7 missioner; 

8 ‘‘(III) whether the name and 

9 number belongs to an individual who 

10 is deceased or a child under the age of 

11 seven, to the records maintained by 

12 the Commissioner; 

13 ‘‘(IV) whether the name belongs 

14 to an individual whose record has a 

15 fraud indicator; and 

16 ‘‘(V) whether the name and num17 ber is blocked in accordance with 

18 paragraph (7); and 

19 ‘‘(ii) in consultation with the Sec20 retary of Homeland Security, a reliable, se21 cure method for an individual to verify 

22 such individual’s own eligibility for employ23 ment in the United States. 

24 ‘‘(G) ANNUAL REPORT AND CERTIFI25 CATION.—Not later than 24 months after the 


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1 date of the enactment of the New Employee 

2 Verification Act of 2008, and annually there3 after, the Commissioner, in cooperation with 

4 the Secretary of Homeland Security, shall sub5 mit to the Congress a report that includes— 

6 ‘‘(i) a certified determination of the 

7 percentage of inquiries to the EEVS and 

8 SEEVS that result in a final approval or 

9 disapproval notice, within the applicable 

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

11 are not overturned in a subsequent appeal, 

12 and if that percentage is less than 99 per13 cent of the cases, the steps being taken to 

14 bring the percentage to 99 percent or high15 er within specified time frames; and 

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

17 security of the EEVS and SEEVS. 

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

19 DATA.— 

20 ‘‘(A) COLLECTION.— 

21 ‘‘(i) IN GENERAL.—The EEVS shall 

22 collect and maintain only the minimum 

23 data necessary to facilitate the successful 

24 operation of the EEVS, and in no case 


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•HR 5515 IH

1 shall the data be other than information 

2 necessary— 

3 ‘‘(I) to register subject employ4 ers; 

5 ‘‘(II) to initiate and respond to 

6 inquiries or contests; 

7 ‘‘(III) to establish and enforce 

8 compliance with paragraphs (3) and 

9 (4); or 

10 ‘‘(IV) to detect and prevent em11 ployment related identity fraud. 

12 ‘‘(ii) PENALTIES.—Any officer, em13 ployee, or contractor who willfully and 

14 knowingly collects and maintains data in 

15 the EEVS other than data described in 

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

17 guilty of a misdemeanor and, upon convic18 tion, fined as provided in title 18, United 

19 States Code, imprisoned for not more than 

20 1 year, or both. 

21 ‘‘(B) USE.—Whoever willfully and know22 ingly accesses, discloses, or uses any informa23 tion obtained or maintained by the EEVS— 

24 ‘‘(i) for the purpose of committing 

25 identity fraud, or assisting another person 


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1 in committing identity fraud, as defined in 

2 section 1028 of title 18, United States 

3 Code; 

4 ‘‘(ii) for the purpose of unlawfully ob5 taining employment in the United States 

6 or unlawfully obtaining employment in the 

7 United States for any other person; or 

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

9 provided for under any provision of law, 

10 shall be guilty of a felony and upon conviction 

11 shall be fined under title 18, United States 

12 Code, or be imprisoned for not more than 5 

13 years, or both. 

14 ‘‘(C) EXCEPTIONS.—Nothing in subpara15 graph (A) or (B) may be construed to limit the 

16 collection, maintenance, or use of data by the 

17 Commissioner of Internal Revenue or the Com18 missioner of Social Security as provided by law. 

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

20 Commissioner shall establish procedures under which 

21 an individual who has been assigned a social security 

22 account number may block the use of such number 

23 under the EEVS and may remove any such block. 

24 ‘‘(b) SECURE EMPLOYMENT ELIGIBILITY

25 VERIFICATION SYSTEM.— 


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

2 after the date of the enactment of the New Em3 ployee Verification Act of 2008, the Commissioner 

4 shall, after consultation with the Secretary of Home5 land Security, the Director of the National Institute 

6 of Standards and Technology, and the Employment 

7 Verification Advisory Panel established under para8 graph (5), establish by regulation a Secure Employ9 ment Eligibility Verification System (referred to in 

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

11 SEEVS shall be to provide for identity authentica12 tion and employment eligibility verification with re13 spect to enrolled new employees which shall be avail14 able to subject employers who elect to participate in 

15 the SEEVS in lieu of the EEVS. Any subject em16 ployer may cancel the employer’s participation in the 

17 SEEVS after one year after electing to participate. 

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

19 with the regulations prescribed by the Commissioner 

20 pursuant to paragraph (1)— 

21 ‘‘(A) IDENTITY AUTHENTICATION AND EM22 PLOYMENT ELIGIBILITY VERIFICATION BY EN23 ROLLMENT PROVIDERS.—The SEEVS shall uti24 lize the services of private sector entities (here25 inafter in this subsection referred to as ‘enrollVerDate Aug 31 2005 05:20 Feb 29, 2008 Jkt 069200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.IH H5515

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1 ment providers’), with appropriate expertise, 

2 which shall be subject to initial and periodic 

3 certification by the Commissioner, to provide— 

4 ‘‘(i) enrollment under the SEEVS of 

5 new employees by means of identity au6 thentication in a manner that provides a 

7 high level of certainty as to their true iden8 tities, using immigration and identifying 

9 information maintained by the Social Secu10 rity Administration and the Department of 

11 Homeland Security, review of identity doc12 uments, and background screening 

13 verification techniques using publicly avail14 able information; 

15 ‘‘(ii) protection of the authenticated 

16 information through biometric technology; 

17 and 

18 ‘‘(iii) verification of employment eligi19 bility of such new employees. 

20 ‘‘(B) DATABASE MANAGEMENT.—The 

21 SEEVS shall provide for databases of identi22 fying information which may be retained by the 

23 enrollment providers. Databases controlled by 

24 the Commissioner and Secretary of Homeland 

25 Security shall be maintained in a manner to 


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•HR 5515 IH

1 capture new entries and new status information 

2 in a timely manner and to interact with the pri3 vate enrollment databases to keep employment 

4 authorization status and identifying information 

5 current on a daily basis. The information main6 tained in such databases shall be subject to the 

7 requirements established pursuant to paragraph 

8 (5), except that— 

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

10 obtaining employment eligibility 

11 verification only, unless the new employee 

12 consents to use the data for other pur13 poses, as provided in regulations prescribed 

14 by the Commissioner, and 

15 ‘‘(ii) other identifying traits of the 

16 new employees shall be stored through an 

17 encoding process that keeps their accurate 

18 names, dates of birth, social security num19 bers, and immigration identification num20 bers (if any) separate, except during elec21 tronic verification. 

22 ‘‘(C) ACCESSIBILITY TO EMPLOYERS.— 

23 Availability of data maintained in the SEEVS 

24 shall be managed so that any subject employer 

25 who participates in the SEEVS can obtain 


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•HR 5515 IH

1 verification with respect to any new employee 

2 enrolled with any enrollment provider serving in 

3 the SEEVS. 

4 ‘‘(D) LIMITATIONS RELATING TO BIOMET5 RIC DATA.—Any biometric data maintained in 

6 the SEEVS relating to any new employee shall 

7 be— 

8 ‘‘(i) encrypted and segregated from 

9 identifying information relating to the new 

10 employee, and 

11 ‘‘(ii) maintained and linked to identi12 fying information relating to the new em13 ployee only by consent of the new employee 

14 for the purpose of verifying employment 

15 eligibility or approved correction processes 

16 or for other purposes specifically author17 ized by the employee as provided in regula18 tions prescribed by the Commissioner. 

19 ‘‘(E) ACCURACY OF ASSOCIATION OF DATA

20 WITH ENROLLED NEW EMPLOYEES.—The en21 rollment process under the SEEVS shall be 

22 managed, in the case of each new employee en23 rolled in the SEEVS, so as to result in the ac24 curate association of data consisting of name, 

25 date of birth, Social Security number, and imVerDate Aug 31 2005 05:20 Feb 29, 2008 Jkt 069200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.IH H5515

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1 migration identification number (if any) with 

2 the established identity of the new employee. 

3 ‘‘(F) LIMITATIONS ON ACCESSIBILITY OF

4 INFORMATION.—Data stored in SEEVS relat5 ing to any enrolled new employee shall not be 

6 accessible to any person other than those oper7 ating the SEEVS and for the sole purpose of 

8 identity authentication and employment eligi9 bility verification in connection with the new 

10 employee, except— 

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

12 employee given specifically for each in13 stance or category of disclosure for any 

14 other purpose as provided in regulations 

15 prescribed by the Commissioner, or 

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

17 by a judicial authority of competent juris18 diction in a criminal proceeding. 

19 ‘‘(G) PUBLIC EDUCATION.—The Commis20 sioner shall conduct a program of ongoing, com21 prehensive public education campaign relating 

22 to the SEEVS. 

23 ‘‘(3) EMPLOYER RESPONSIBILITIES.—Under 

24 the regulations prescribed by the Commissioner pur25 suant to paragraph (1)— 


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1 ‘‘(A) USE LIMITED TO ENROLLED NEW

2 EMPLOYEES.—Use of the SEEVS by subject 

3 employers participating in the SEEVS shall be 

4 limited to use in connection with the hiring of 

5 new employees occurring after their enrollment 

6 in the SEEVS. 

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

8 the SEEVS by any subject employer partici9 pating in the SEEVS in connection with any 

10 new employee may occur only during the period 

11 beginning on the date of hire and ending at the 

12 end of the third business day after the employee 

13 has reported for duty. Use of the SEEVS with 

14 respect to recruitment or referral for a fee may 

15 occur only until the first day of such recruit16 ment or referral. 

17 ‘‘(C) RESPONSIBILITY OF EMPLOYERS TO

18 ENROLL NEW EMPLOYEES.—In connection with 

19 the hiring by any subject employer of a new 

20 employee who has not been previously enrolled 

21 in the SEEVS, enrollment of the new employee 

22 shall occur only upon application by the subject 

23 employer submitted to an enrollment provider, 

24 together with payment of any costs associated 

25 with the enrollment. 


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

2 No subject employer may use the SEEVS selec3 tively to verify any class, level, or category of 

4 new employees. Nothing in this subparagraph 

5 shall be construed to preclude subject employers 

6 from utilizing the SEEVS in connection with 

7 hiring at selected employment locations without 

8 implementing such usage at all locations of the 

9 employer. 

10 ‘‘(4) EMPLOYEE PROTECTIONS.—Under regula11 tions prescribed by the Commissioner pursuant to 

12 paragraph (1)— 

13 ‘‘(A) ACCESS FOR EMPLOYEES TO COR14 RECT AND UPDATE INFORMATION.—Employees 

15 enrolled in the SEEVS shall be provided access 

16 to the SEEVS to verify information relating to 

17 their employment authorization and readily 

18 available processes to correct and update their 

19 enrollment information and information relating 

20 to employment authorization. 

21 ‘‘(B) SAME RIGHTS AND PROTECTIONS AS

22 THOSE PROVIDED UNDER THE EEVS.—Employ23 ees shall be provided the same rights and pro24 tections in connection with responses to inquir25 ies under the SEEVS relating to identity auVerDate Aug 31 2005 05:20 Feb 29, 2008 Jkt 069200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.IH H5515

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1 thentication or employment eligibility 

2 verification as are afforded under subsection 

3 (a). 

4 ‘‘(C) RIGHT TO CANCEL ENROLLMENT.— 

5 Each employee enrolled in the SEEVS shall 

6 have the right to cancel such employee’s enroll7 ment at any time and to have all identifying in8 formation and biometrics in connection with 

9 such employee removed from the SEEVS with10 out prejudice to future enrollments. 

11 ‘‘(5) MAINTENANCE OF SECURITY AND CON12 FIDENTIALITY OF INFORMATION.— 

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

14 subject employer participating in the SEEVS or 

15 an officer or contractor of such a subject em16 ployer and who has access to any information 

17 obtained at any time from the Social Security 

18 Administration shall maintain the security and 

19 confidentiality of such information. No such 

20 person may disclose any file, record, report, 

21 paper, or other item containing information so 

22 obtained at any time by any such person from 

23 the Commissioner of Social Security or from 

24 any officer or employee of the Social Security 

25 Administration except as the Commissioner of 


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1 Social Security may by regulations prescribe or 

2 as otherwise provided by Federal law. 

3 ‘‘(B) PENALTY FOR DISCLOSURE IN VIOLA4 TION OF SUBPARAGRAPH (A).—Any person de5 scribed in subparagraph (A) who violates sub6 paragraph (A) shall be guilty of a felony and, 

7 upon conviction thereof, shall be punished by a 

8 fine not exceeding $10,000 for each occurrence 

9 of a violation, or by imprisonment not exceeding 

10 5 years, or both. 

11 ‘‘(C) PENALTY FOR KNOWING DISCLOSURE

12 OF FRAUDULENT INFORMATION.—Any person 

13 who willfully and knowingly accesses, discloses, 

14 or uses any information which such person pur15 ports to be information obtained as described in 

16 subparagraph (A) knowing such information to 

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

18 conviction thereof, shall be punished by a fine 

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

20 violation, or by imprisonment not exceeding 5 

21 years, or both. 

22 ‘‘(D) RESTITUTION.— 

23 ‘‘(i) IN GENERAL.—Any Federal 

24 court, when sentencing a defendant con25 victed of an offense under this paragraph, 


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•HR 5515 IH

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

2 other penalty authorized by law, that the 

3 defendant make restitution to the victims 

4 of such offense specified in clause (ii). Sec5 tions 3612, 3663, and 3664 of title 18, 

6 United States Code, shall apply with re7 spect to the issuance and enforcement of 

8 orders of restitution to victims of such of9 fense under this subparagraph. If the court 

10 does not order restitution, or orders only 

11 partial restitution, under this subsection, 

12 the court shall state on the record the rea13 sons therefor. 

14 ‘‘(ii) VICTIMS SPECIFIED.—The vic15 tims specified in this clause are the fol16 lowing: 

17 ‘‘(I) Any individual who suffers a 

18 financial loss as a result of the disclo19 sure described in subparagraph (B) or 

20 (C) 

21 ‘‘(II) The Commissioner of Social 

22 Security, to the extent that the disclo23 sure described in subparagraph (B) or 

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1 ment of a benefit by the Commis2 sioner. 

3 ‘‘(iii) DEPOSIT IN THE TRUST FUNDS

4 OF AMOUNTS PAID AS RESTITUTION TO

5 THE COMMISSIONER.—Funds paid to the 

6 Commissioner as restitution pursuant to a 

7 court order under this subparagraph shall 

8 be deposited in the Federal Old-Age and 

9 Survivors Insurance Trust Fund or the 

10 Federal Disability Insurance Trust Fund, 

11 as appropriate. 

12 ‘‘(c) CREATION OF EMPLOYMENT VERIFICATION AD13 VISORY PANEL.— 

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

15 after the date of the enactment of the New Em16 ployee Verification Act of 2008, the Commissioner 

17 shall establish an Employment Verification Advisory 

18 Panel (hereinafter in this subsection referred to as 

19 the ‘Advisory Panel’). 

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

21 should consist of members appointed by the Com22 missioner, after consulting with the Secretary of 

23 Homeland Secretary, the Secretary of the Treasury, 

24 the Director of National Institutes of Standards and 

25 Technology, and other appropriate Federal agencies. 


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•HR 5515 IH

1 Such members should include representatives from 

2 appropriate Federal agencies and private sector rep3 resentatives of affected industries and groups, in4 cluding human resource, employer and employee or5 ganizations, experts in fields including database se6 curity, biometrics, and privacy. 

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

8 advise the Commissioner and the Secretary of 

9 Homeland Security on the implementation and de10 ployment of the verification systems established 

11 under this section, including— 

12 ‘‘(A) the best means of promoting effi13 ciency, responsiveness, accuracy, public edu14 cation, user support, interoperability, and cost15 effectiveness of the systems established under 

16 this section; 

17 ‘‘(B) best practices and procedures in 

18 order to protect the privacy and identities of in19 dividuals enrolled in the systems established 

20 under this section; 

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

22 rates, privacy, and measurable compliance that 

23 should be met before implementation begins 

24 and before each additional phase of implemen25 tation; and 


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1 ‘‘(D) the best means by which data ob2 tained through the EEVS and the SEEVS may 

3 be used to timely improve the accuracy of data4 bases maintained by the Commissioner and the 

5 Secretary of Homeland Security. 

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

7 terminate 5 years after the date of the enactment of 

8 this Act.’’. 

9 (2) AUTHORIZATION OF APPROPRIATIONS AND

10 LIMITATION OF RESPONSIBILITIES.— 

11 (A) AUTHORIZATION.—There are author12 ized to be appropriated to the Commissioner of 

13 Social Security such sums as may be necessary 

14 to carry out the amendments made by this sec15 tion. 

16 (B) LIMITATION.—The Commissioner of 

17 Social Security may carry out the Commis18 sioner’s responsibilities under the amendment 

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

20 funds are appropriated in advance to cover the 

21 Commissioner’s full costs in carrying out such 

22 responsibilities. In no case shall funds from the 

23 Federal Old-Age and Survivors Insurance Trust 

24 Fund or the Federal Disability Insurance Trust 

25 Fund be used to carry out such responsibilities. 


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1 (b) AMENDMENTS RELATING TO PROVISION OF IN2 FORMATION BY EMPLOYERS TO THE STATE DIRECTORY

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

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

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

6 security number of the employee’’ and inserting 

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

8 alien identification or authorization number as the 

9 Secretary of Homeland Security shall require) of the 

10 employee, the date the employee first reported for 

11 duty’’; and 

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

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

14 business day after the employee first reported for 

15 duty.’’. 

16 SEC. 103. ANTIDISCRIMINATION PROTECTIONS. 

17 (a) APPLICATION OF PROHIBITION OF DISCRIMINA18 TION TO VERIFICATION SYSTEM.—Section 274B(a) of the 

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

20 amended— 

21 (1) in paragraph (1)— 

22 (A) in the matter preceding subparagraph 

23 (A), by inserting ‘‘, the verification of the indi24 vidual’s work authorization through the Elec25 tronic Employment Verification System deVerDate Aug 31 2005 05:20 Feb 29, 2008 Jkt 069200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.IH H5515

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1 scribed in section 235(a) of the Social Security 

2 Act or the Secure Employment Eligibility 

3 Verification System described in section 235(b) 

4 of such Act,’’ after ‘‘the individual for employ5 ment’’; and 

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

7 the case of a protected individual (as defined in 

8 paragraph (3)),’’; and 

9 (2) by amending paragraph (3) to read as fol10 lows: 

11 ‘‘(3) ANTIDISCRIMINATION REQUIREMENTS OF

12 THE ELECTRONIC EMPLOYMENT VERIFICATION SYS13 TEM AND THE SECURE EMPLOYMENT ELIGIBILITY

14 VERIFICATION SYSTEM.— 

15 ‘‘(A) IN GENERAL.—It is an unfair immi16 gration-related employment practice for a per17 son or other entity, in the course of partici18 pating in the Electronic Employment 

19 Verification System described in section 235(a) 

20 of the Social Security Act or the Secure Em21 ployment Eligibility Verification System de22 scribed in section 235(b) of such Act— 

23 ‘‘(i) to terminate or undertake any ad24 verse employment action due to an initial 


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1 disapproval or disapproval unless author2 ized or required under such sections; 

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

4 screening of an applicant prior to an offer 

5 of employment; or 

6 ‘‘(iii) except as described in sub7 sections (a)(3)(C) and (b)(4)(A) of section 

8 235 of such Act, to use the verification 

9 system for a current employee after the 

10 first day of employment, or for the re11 verification of an employee after the em12 ployee has satisfied the process described 

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

14 such Act. 

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

16 an inquiry under the self-verification proce17 dures established under section 

18 235(b)(5)(A) of such Act. 

19 ‘‘(B) PREEMPLOYMENT SCREENING AND

20 BACKGROUND CHECK.—Nothing in subpara21 graph (A) shall be construed to preclude a pre22 employment screening or background check that 

23 is required or permitted under any other provi24 sion of law. 


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1 ‘‘(C) RE-VERIFICATION.—A person or 

2 other entity, in the course of participating in 

3 the Electronic Employment Verification System 

4 described in section 235(a) of the Social Secu5 rity Act, shall not repeat the verification proc6 ess established by such section unless— 

7 ‘‘(i) the previously approved period of 

8 employment provided by the system has ex9 pired, or 

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

11 the most recent such person or other entity 

12 in connection with the employee, the Com13 missioner of Social Security, in cooperation 

14 with the Secretary of Homeland Security, 

15 has provided specific notice to re-verify the 

16 employee based on specific information 

17 about the employee’s authorization to be 

18 employed by such person or entity.’’. 

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

20 274B(g)(2)(B)(iv) of such Act (8 U.S.C. 

21 1324b(g)(2)(B)(iv)) is amended— 

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

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

24 more than $4,000’’; 


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

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

3 not more than $10,000’’; 

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

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

6 not more than $20,000’’; and 

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

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

9 more than $5,000’’. 

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

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

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

13 after such date. 

14 SEC. 104. PENALTIES. 

15 Section 274A of the Immigration and Nationality Act 

16 (8 U.S.C. 1324a) is amended— 

17 (1) in subsection (e)(4)— 

18 (A) in subparagraph (A), in the matter be19 fore clause (i), by inserting ‘‘, subject to para20 graphs (10) through (12),’’ after ‘‘in an 

21 amount’’; 

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

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

24 $2,000’’ and inserting ‘‘not less than $5,000 

25 and not more than $7,500’’; 


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

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

3 $5,000’’ and inserting ‘‘not less than $10,000 

4 and not more than $15,000’’; 

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

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

7 $10,000’’ and inserting ‘‘not less than $25,000 

8 and not more than $40,000’’; and 

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

10 as follows: 

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

12 take such other remedial action as is appro13 priate.’’; 

14 (2) in subsection (e)(5)— 

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

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

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

18 ‘‘$1,000’’; 

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

20 ‘‘$25,000’’; 

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

22 the employer being charged, the good faith of 

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

24 the employer being charged’’; and 


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1 (E) by adding at the end the following sen2 tence: ‘‘Failure by a person or entity to utilize 

3 the employment eligibility verification system as 

4 required by law, or providing information to the 

5 system that the person or entity knows or rea6 sonably believes to be false, shall be treated as 

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

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

9 following new paragraphs: 

10 ‘‘(10) MITIGATION OF CIVIL MONEY PENALTIES

11 FOR SMALLER EMPLOYERS.—In the case of imposi12 tion of a civil penalty under paragraph (4)(A) with 

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

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

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

16 penalty under paragraph (5) for a violation of sub17 section (a)(1)(B) for hiring by an employer, the dol18 lar amounts otherwise specified in the respective 

19 paragraph shall be reduced as follows: 

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

21 average of fewer than 26 full-time equivalent 

22 employees (as defined by the Secretary of 

23 Homeland Security), the amounts shall be re24 duced by 60 percent. 


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

2 average of at least 26, but fewer than 101, full3 time equivalent employees (as so defined), the 

4 amounts shall be reduced by 40 percent. 

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

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

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

8 the amounts shall be reduced by 20 percent. 

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

10 this paragraph in the same manner as it applies 

11 under such paragraph. 

12 ‘‘(11) EXEMPTION FROM PENALTY FOR INITIAL

13 GOOD FAITH VIOLATION.—In the case of imposition 

14 of a civil penalty under paragraph (4)(A) with re15 spect to a violation of subsection (a)(1)(A) or (a)(2) 

16 for hiring or continuation of employment or recruit17 ment or referral by person or entity and in the case 

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

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

20 recruitment or referral by a person or entity, the 

21 penalty otherwise imposed shall be waived if the vio22 lator establishes that it was the first such violation 

23 of such provision by the violator and the violator 

24 acted in good faith. 


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

2 person or other entity shall not be liable for a pen3 alty under paragraph (4)(A) with respect to the vio4 lation of subsection (a)(1)(A), (a)(1)(B), or (a)(2) 

5 with respect to the hiring or continuation of employ6 ment of an unauthorized alien by a subcontractor of 

7 that person or entity unless the person or entity 

8 knew that the subcontractor hired or continued to 

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

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

11 to read as follows: 

12 ‘‘(1) CRIMINAL PENALTY.—Any person or enti13 ty which engages in a pattern or practice of viola14 tions of subsection (a)(1) or (2) shall be fined not 

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

16 respect to which such a violation occurs, imprisoned 

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

18 the provisions of any other Federal law relating to 

19 fine levels.’’; and 

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

21 General’’ each place it appears and inserting ‘‘Sec22 retary of Homeland Security’’. 

23 SEC. 105. ANNUAL GAO STUDY AND REPORT. 

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

25 United States shall conduct an annual study of the EmVerDate Aug 31 2005 05:20 Feb 29, 2008 Jkt 069200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.IH H5515

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1 ployment Eligibility Verification System described in sec2 tion 235(a) of the Social Security Act as added by this 

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

4 and the Secure Employment Eligibility Verification Sys5 tem described in section 235(b) of such Act as added by 

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

7 ‘‘SEEVS’’). 

8 (b) PURPOSE.—The study shall evaluate the accu9 racy, efficiency, integrity, and impact of the EEVS and 

10 the SEEVS. 

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

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

13 annually thereafter, ending once the System has been fully 

14 implemented for 5 years, the Comptroller General shall 

15 submit to the Congress a report containing the findings 

16 of the study carried out under this section. Each such re17 port shall include, at a minimum, the following: 

18 (1) An assessment of the EEVS and SEEVS 

19 performance with respect to the rate at which indi20 viduals who are eligible for employment in the 

21 United States are correctly approved within the time 

22 periods specified in section 235(a)(3)(B) of the So23 cial Security Act. 


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1 (2) An assessment of the privacy and security 

2 of the EEVS and the SEEVS and its effects on 

3 identity fraud or the misuse of personal data. 

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

5 and SEEVS on the employment of unauthorized 

6 aliens (as defined in section 274A(h)(3) of the Im7 migration and Nationality Act). 

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

9 and the SEEVS, including the effects of initial dis10 approvals on unfair immigration-related employment 

11 practices, and employment discrimination based on 

12 national origin or citizenship status. 

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

14 and SEEVS on employers. 

15 (6) An assessment of whether the Secretary and 

16 the Commissioner of Social Security have adequate 

17 resources to carry out the duties and responsibilities 

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


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1 SEC. 106. 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

24 WITH MISMATCHED SOCIAL SECURITY IN25 FORMATION.—The name, taxpayer identiVerDate Aug 31 2005 05:20 Feb 29, 2008 Jkt 069200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.IH H5515

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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 

24 the percentage of employees of the em25 ployer with respect to whom there is a misVerDate Aug 31 2005 05:20 Feb 29, 2008 Jkt 069200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.IH H5515

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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 TITLE II—OASDI BENEFITS 

5 SEC. 201. DENIAL OF CREDIT TOWARD BENEFITS FOR 

6 EARNINGS FROM UNAUTHORIZED WORK. 

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

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

9 following: 

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

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

12 calender year in the case of any individual if— 

13 ‘‘(A) on the last day of such year, such indi14 vidual is not a citizen or national of the United 

15 States, and 

16 ‘‘(B) the Secretary of Homeland Security deter17 mines, pursuant to paragraph (2), that such indi18 vidual was not authorized to be employed in the 

19 United States during any portion of such calender 

20 year. 

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

22 enter into an agreement with the Commissioner to provide, 

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

24 information as the Commissioner determines necessary to 


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1 carry out the limitations on crediting quarters of coverage 

2 for years under paragraph (1). 

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

4 duties under subparagraph (A), the Secretary of Home5 land Security shall, in consultation with the Commis6 sioner, develop and maintain the following information: 

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

8 and date of birth of each individual who is author9 ized by the Secretary of Homeland Security or the 

10 Secretary of State to be employed in the United 

11 States. 

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

13 is granted. 

14 ‘‘(iii) The date on which each such authoriza15 tion is revoked or terminated. 

16 ‘‘(iv) The date of naturalization for each indi17 vidual who becomes a naturalized citizen of the 

18 United States. 

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

20 under subparagraph (A) relating to years in which an indi21 vidual was not authorized to be employed in the United 

22 states during any portion of a year shall be the final deter23 mination of the Secretary of Homeland Security after an 

24 opportunity for review or appeal under procedures which 


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1 shall be established by the Secretary of Homeland Security 

2 and shall not be reviewable by the Commissioner. 

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

4 an individual who was assigned a social security account 

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

6 Employee Verification Act of 2008.’’. 

7 (b) DISREGARD OF EARNINGS FOR YEARS FOR

8 WHICH NO QUARTER OF COVERAGE MAY BE CRED9 ITED.—Section 215(e) of such Act (42 U.S.C. 415(e)) is 

10 amended— 

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

12 (1); 

13 (2) by striking the period at the end of para14 graph (2) and inserting ‘‘; and’’; and 

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

16 paragraph: 

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

18 earnings of an individual, there shall not be counted 

19 any annual wages or self-employment income for any 

20 year for which no quarter of coverage may be cred21 ited to such individual as a result of the application 

22 of section 214(d)(1).’’. 

23 (c) TRANSMISSION OF INFORMATION FROM COMMIS24 SIONER TO SECRETARY.—Section 205(c)(2) of such Act 


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1 (42 U.S.C. 405(c)(2)) is amended by adding at the end 

2 the following new subparagraph: 

3 ‘‘(I) The Commissioner and the Secretary of Home4 land Security shall enter into an agreement to establish 

5 a system to transmit to the Secretary of Homeland Secu6 rity any social security account number assigned to an in7 dividual after the date of the enactment of the New Em8 ployee Verification Act of 2008, and other identifying in9 formation relating to such individual, in any case in which 

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

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

12 such individual. The Secretary of Homeland Security shall 

13 incorporate such number and other identifying informa14 tion into all records of the Department of Homeland Secu15 rity maintained with respect to such individual.’’. 

16 (d) EFFECTIVE DATES.— 

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

18 (added by subsection (a)) shall be effective with re19 spect to quarters of coverage credited for calendar 

20 years commencing after the date on which the Sec21 retary of Homeland Security and the Commissioner 

22 certify, by publication in the Federal Register, that 

23 the system for developing and maintaining informa24 tion pursuant to section 214(d)(2)(B) of the Social 


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1 Security Act (added by subsection (a)) is oper2 ational. 

3 (2) The Commissioner of Social Security and 

4 the Secretary of Homeland Security shall enter into 

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

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

7 later than 180 days after the date of the enactment 

8 of this Act. 

9 SEC. 202. IMPROVEMENTS IN PROVISIONS GOVERNING TO10 TALIZATION AGREEMENTS. 

11 (a) ADDITIONAL INFORMATION REQUIRED IN DOCU12 MENT TRANSMITTING TOTALIZATION AGREEMENTS TO

13 THE CONGRESS.— 

14 (1) IN GENERAL.—Section 233(e)(1) of the So15 cial Security Act (42 U.S.C. 433(e)(1)) is amended 

16 to read as follows: 

17 ‘‘(e)(1) Any agreement to establish a totalization ar18 rangement entered into pursuant to this section (and any 

19 such agreement to amend a totalization arrangement) 

20 shall be transmitted by the President to each House of 

21 the Congress together with a report by the President in 

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

23 include the following: 

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

25 Commissioner of Social Security of the major risks 


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1 associated with entering into such an agreement 

2 with such other country, including an assessment 

3 of— 

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

5 data and records on births, deaths, marriages, 

6 divorces, earnings, and other information affect7 ing eligibility for benefits or benefit amounts, 

8 and 

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

10 benefits under this title and how any such po11 tential fraud would be mitigated; 

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

13 States citizens estimated by the Chief Actuary of the 

14 Social Security Administration to be affected by the 

15 agreement; 

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

17 United States citizens estimated by the Chief Actu18 ary to be affected by the agreement; 

19 ‘‘(D) the Chief Actuary’s estimate of any result20 ing reduction in liability for taxes or contributions 

21 and increases in benefit payments, under the social 

22 security system established by this title and the so23 cial security system of such other country, of— 

24 ‘‘(i) individuals who are United States citi25 zens and their employers, and 


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

2 citizens and their employers; 

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

4 of the agreement, in the short term and in the long 

5 term, on the receipts and disbursements under the 

6 social security system established by this title; and 

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

8 sensitivity of the estimates of the Chief Actuary to 

9 alternative assumptions with respect to economic 

10 and demographic variables.’’. 

11 (2) EFFECTIVE DATE.—The amendment made 

12 by this subsection shall apply with respect to agree13 ments, establishing totalization arrangements pursu14 ant to section 233 of the Social Security Act, which 

15 are transmitted to the Congress on or after the date 

16 of the enactment of this Act. 

17 (b) APPROVAL OF TOTALIZATION AGREEMENTS BY

18 JOINT RESOLUTION.— 

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

20 (42 U.S.C. 433(e)) is amended by striking para21 graph (2) and inserting the following new para22 graphs: 

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

24 the agreement transmitted to the Congress pursuant to 

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


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

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

3 Congress (excluding Saturdays, Sundays, holidays, and 

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

5 whichever is later. 

6 ‘‘(B) Whenever a document setting forth an agree7 ment entered into under this section and the President’s 

8 report in support of the agreement is transmitted to the 

9 Congress pursuant to paragraph (1), copies of such docu10 ment shall be delivered to both Houses of Congress on 

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

12 House of Representatives if the House is not in session 

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

14 in session. 

15 ‘‘(3)(A) Any document setting forth an agreement en16 tered into under this section and transmitted to each 

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

18 set forth a determination of the Chief Actuary of the So19 cial Security Administration as to whether there is ex20 pected, over the 75-year period following the date of the 

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

22 positive actuarial balance for such period of the social se23 curity system established by this title (or a net increase 

24 in any negative actuarial balance for such period for such 

25 system) attributable to the operation of such agreement 


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1 equal to at least 0.005 percent of the present value of tax2 able payroll for such period. 

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

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

5 respect to a period, the difference between the ad6 justed summarized income rate over such period and 

7 the adjusted summarized cost rate over such period. 

8 ‘‘(ii) The term ‘taxable payroll’ means, for a pe9 riod, the total wages (as defined in section 209) to 

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

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

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

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

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

15 at the beginning of the period plus the present value 

16 of the total income from taxes during such period, 

17 to the present value of the taxable payroll for such 

18 period. 

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

20 means, over a period, the ratio (expressed as a per21 centage) of the sum of the present value of the cost 

22 during such period plus the present value of the tar23 geted trust fund balance, to the present value of the 

24 taxable payroll for the years for such period. 


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

2 combined balance of the Federal Old-Age and Sur3 vivors Insurance Trust Fund and the Federal Dis4 ability Insurance Trust Fund (hereinafter in this 

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

6 ‘‘(vi) The term ‘income from taxes’ means, dur7 ing a period, the amounts deposited in the Trust 

8 Funds as appropriations during the period based on 

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

10 Internal Revenue Code of 1986. 

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

12 disbursements from the Trust Funds during such 

13 period, including scheduled benefit payments, special 

14 monthly payments to certain uninsured persons who 

15 have 3 or more quarters of coverage (and whose pay16 ments are therefore not reimbursable from the gen17 eral fund of the Treasury), administrative expenses, 

18 net transfers from the Trust Funds to the Railroad 

19 Retirement program under financial-interchange 

20 provisions, and payments for vocational rehabilita21 tion services for disabled beneficiaries, and excluding 

22 special monthly payments to certain uninsured per23 sons whose payments are reimbursable from the gen24 eral fund of the Treasury, and transfers under the 

25 interfund borrowing provisions of section 201(l). 


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

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

3 75-year period described in subparagraph (A), nec4 essary to support an OASDI trust fund ratio (as de5 fined in section 201(l)(3)(B)(iii)) of 100 percent for 

6 the year following the last year of such period. 

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

8 the Chief Actuary shall employ the intermediate assump9 tions of the Board of Trustees of the Federal Old-Age and 

10 Survivors Insurance Trust Fund and the Federal Dis11 ability Insurance Trust Fund in its most recent annual 

12 report issued pursuant to section 201. 

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

14 shall not enter into force if there is enacted into law, dur15 ing the period of 60 calendar days specified in paragraph 

16 (2)(A), a bill or joint resolution disapproving such agree17 ment. 

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

19 Chief Actuary described in subparagraph (A) of paragraph 

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

21 this section is that, with respect to the 75-year period de22 scribed in such subparagraph, there is expected a net re23 duction, in the actuarial balance for such period of the 

24 social security system established by this title, which— 


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

2 agreement, and 

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

4 present value of taxable payroll for such period, 

5 such agreement shall not enter into force unless, during 

6 the period of 60 calendar days specified in paragraph 

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

8 approving such agreement. 

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

10 by the Congress— 

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

12 the House of Representatives and the Senate, re13 spectively, and as such they are deemed a part of 

14 the rules of each House, respectively, but applicable 

15 only with respect to the procedure to be followed in 

16 that House in the case of disapproval resolutions 

17 and approval resolutions, and they supersede other 

18 rules only to the extent that they are inconsistent 

19 therewith; and 

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

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

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

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

24 the case of any other rule of that House. 


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

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

3 highest privilege in each House of the Congress to con4 sider a bill or joint resolution described in paragraph (4) 

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

6 an agreement entered into under this section, if offered 

7 by the majority leader or minority leader of such House 

8 (or a designee). 

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

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

11 solely for approval or disapproval of an agreement under 

12 this section, the agreement shall not be subject to amend13 ment after the transmittal to each House of the Congress 

14 pursuant to paragraph (1).’’. 

15 (2) EFFECTIVE DATE.—The amendment made 

16 by this subsection shall apply with respect to agree17 ments, establishing totalization arrangements pursu18 ant to section 233 of the Social Security Act, which 

19 are transmitted to the Congress on or after the date 

20 of the enactment of this Act. 

21 (3) SPECIAL RULE.—Notwithstanding sub22 section (e) of section 233 of the Social Security Act 

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

24 section), any agreement entered into pursuant to 

25 such section 233, establishing totalization arrangeVerDate Aug 31 2005 05:20 Feb 29, 2008 Jkt 069200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H5515.IH H5515

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1 ments between the social security system established 

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

3 of another country, which— 

4 (A) was signed by the Commissioner of So5 cial Security in June 2004, and 

6 (B) was transmitted to the Congress pur7 suant to such subsection (e) on or after Sep8 tember 1, 2007, and before the date of the en9 actment of this Act, 

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

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

12 deemed to enter into force after such date only as 

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

14 by this section) as if such agreement had been trans15 mitted to the Congress on the date on which the 

16 President transmits to the Congress on or after such 

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

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

19 such agreement meeting the requirements of such 

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

21 (c) BIENNIAL REPORTS TO THE CONGRESS REGARD22 ING ONGOING OPERATION OF TOTALIZATION AGREE23 MENTS.— 


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

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

3 following new subsection: 

4 ‘‘Biennial Oversight Reports 

5 ‘‘(f) The Commissioner of Social Security shall sub6 mit biennially to the Committee on Ways and Means of 

7 the House of Representatives and the Committee on Fi8 nance of the Senate a report evaluating the operation, dur9 ing the preceding 2-year period covered by the report, of 

10 each agreement entered into pursuant to this section. 

11 Such report shall include— 

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

13 year period following the date on which the agree14 ment enters into force, the change in benefit costs 

15 under the social security system established by this 

16 title which is attributable to the agreement, as esti17 mated as of the date of the report, and the change 

18 in contributions under such system which is attrib19 utable to such agreement, as so estimated, 

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

21 potential, fraudulent receipt of benefits attributable 

22 to the operation of the agreement under the social 

23 security system established by this title, 

24 ‘‘(3) information relating to perceived problems 

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


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1 records used in determining eligibility for benefits or 

2 benefit amounts, and 

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

4 year period following the date on which the agree5 ment enters into force, information relating to demo6 graphic or other trends that may cause future devi7 ations from the original estimates of costs to each 

8 social security system which are attributable to the 

9 agreement.’’. 

10 (2) INITIAL REPORT.—The Commissioner of 

11 Social Security shall submit the initial report pursu12 ant to section 233(f) of the Social Security Act 

13 (added by this subsection) not later than December 

14 31, 2008. 

15 SEC. 203. SUSPENSION OF BENEFITS FOR INDIVIDUALS RE16 MOVED FROM THE UNITED STATES. 

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

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

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

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

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

22 the end; 

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

24 and inserting ‘‘, and’’; and 


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1 (4) by adding at the end the following new sub2 paragraph: 

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

4 made to such individual after the Commissioner of 

5 Social Security is notified by the Attorney General 

6 or the Secretary of Homeland Security that such in7 dividual has been so removed.’’. 

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

9 this section shall apply to any individual with respect to 

10 whose removal from the United States the Commissioner 

11 of Social Security receives notification from the Attorney 

12 General or the Secretary of Homeland Security after the 

13 twelfth month that begins after the date of the enactment 

14 of this Act. 

Æ 


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