I 
111TH CONGRESS 
1ST SESSION H. R. 2028 
To amend the Social Security Act to prevent unauthorized earnings from 
being credited toward benefits under title II of such Act and to make 
improvements in provisions governing totalization agreements, to amend 
the Social Security Act and the Immigration and Nationality Act to 
prevent unauthorized employment, and to improve coordination of the 
provisions of such Acts, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2009 
Mr. SAM JOHNSON of Texas (for himself, Ms. GIFFORDS, Mr. BRADY of 
Texas, Mr. MOORE of Kansas, Mr. RYAN of Wisconsin, and Mr. MITCH-
ELL) introduced the following bill; which was referred to the Committee 
on the Judiciary, and in addition to the Committees on Education and 
Labor, Rules, and Ways and Means, for a period to be subsequently de-
termined 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 co-
ordination of the provisions of such Acts, and for other 
purposes. 
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Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘New Employee 
Verification Act of 2009’’. 
TITLE I—ELECTRONIC 
EMPLOYMENT VERIFICATION 
Subtitle A—Implementation of New 
Systems 
SEC. 101. EXTENSTION OF BASIC PILOT UNTIL NEW SYS-
TEMS OPERATING. 
Section 401(b) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 
note) is amended— 
(1) by striking ‘‘11-year period’’ and inserting 
‘‘16-year period’’; and 
(2) by striking the period at the end and insert-
ing the following: ‘‘, except that this subtitle is re-
pealed effective on the date that is 36 months after 
the date of the enactment of the New Employee 
Verification Act of 2009.’’. 
SEC. 102. AMENDMENTS TO IMMIGRATION LAWS TO IM-
PROVE 
EMPLOYMENT 
AUTHORIZATION 
VERIFICATION. 
(a) IN GENERAL.— 
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(1) CHANGE
IN
EMPLOYMENT
ELIGIBILITY 
VERIFICATION PROCESS.—Section 274A of the Im-
migration and Nationality Act (8 U.S.C. 1324a) is 
amended— 
(A) in subsection (a)(1)(B)— 
(i) in clause (i), by striking ‘‘sub-
section (b)’’ and inserting ‘‘(b), (c), or 
(d)’’; and 
(ii) in clause (ii), by striking ‘‘sub-
section (b).’’ and inserting ‘‘subsection (b), 
(c), or (d).’’; and 
(B) in subsection (b), in the matter pre-
ceding paragraph (1), by striking ‘‘United 
States,’’ and inserting ‘‘United States who is 
subject to compliance with this subsection,’’. 
(2) VERIFICATION VIA EEVS AND SEEVS SYS-
TEMS.—Subsections (c) and (d) of section 274A of 
the Immigration and Nationality Act (8 U.S.C. 
1324a) are amended to read as follows: 
‘‘(c) ELECTRONIC EMPLOYMENT VERIFICATION SYS-
TEM.— 
‘‘(1) ENROLLMENT.— 
‘‘(A) IN GENERAL.—Every person or other 
entity subject to subsection (a)(1)(B), and that 
is not in compliance with such subsection by 
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reason of compliance with subsection (d), shall 
participate in the Electronic Employment 
Verification System established under section 
235(a) of the Social Security Act (the ‘EEVS’) 
on a schedule established in accordance with 
section 235(a)(4) of the Social Security Act 
with respect to all hiring, recruitment, and re-
ferral described in subsection (a)(1)(B) occur-
ring after the earlier of the date on which the 
entity— 
‘‘(i) is required to register under this 
paragraph; or 
‘‘(ii) voluntarily registers. 
‘‘(B) VOLUNTARY
PARTICIPATION.—The 
Secretary of Homeland Security, in consultation 
with the Commissioner of Social Security, may 
permit any person or other entity subject to 
subsection (a)(1)(B), and that is not yet re-
quired to participate in the EEVS under section 
235(a)(4) of the Social Security Act to partici-
pate in the EEVS on a voluntary basis. 
‘‘(C) EXPEDITED
PARTICIPATION.—The 
Secretary of Homeland Security, on a case-by- 
case or classwide basis, may require any person 
or other entity subject to subsection (a)(1)(B), 
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and that is not yet required to participate in 
the EEVS under section 235(a)(4) of the Social 
Security Act, to participate in the EEVS (or, 
alternatively, the Secure Employment Eligibility 
Verification System established under section 
235(b) of the Social Security Act (the 
‘SEEVS’)) on an expedited basis if the Sec-
retary designates such person or entity as— 
‘‘(i) employing individuals having ac-
cess to locations or information that have 
a direct impact on the security of the 
United States; or 
‘‘(ii) having engaged in material viola-
tions of this section. 
‘‘(D) REQUIREMENT
TO
NOTIFY.—The 
Secretary of Homeland Security shall notify 
persons or entities required to register not less 
than 60 days prior to the effective date of such 
requirement through publication in the Federal 
Register regarding the requirement for partici-
pation in the EEVS under subparagraphs (A) 
and (C)(i) and by mail regarding the require-
ment for participation in the EEVS under sub-
paragraph (C)(ii). Such notice shall include the 
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training 
materials 
described 
in 
section 
235(a)(5) of the Social Security Act. 
‘‘(E) REGISTRATION.—A person or other 
entity shall register to participate in the EEVS 
or the SEEVS in the manner prescribed by the 
Commissioner of Social Security prior to the 
date the person or entity is required or per-
mitted to submit information with respect to an 
individual under this subsection. 
‘‘(F) CONSEQUENCE OF FAILURE TO PAR-
TICIPATE.—If a person or other entity is re-
quired or has elected to participate in the 
EEVS or the SEEVS and fails to comply with 
the requirements thereof, such failure— 
‘‘(i) shall be treated as a violation of 
subsection (a)(1)(B) punishable under sub-
section (e)(5); and 
‘‘(ii) shall create a rebuttable pre-
sumption that the person or other entity 
has violated subsection (a)(1)(A), except 
that such presumption shall not apply to a 
prosecution under subsection (f)(1). 
‘‘(G) PROTECTION FROM LIABILITY.—No 
person or other entity that participates in the 
EEVS or the SEEVS shall be liable under any 
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law for any employment-related action taken 
with respect to an individual in reliance on in-
formation provided by the EEVS or the SEEVS 
(as applicable) in connection with such partici-
pation, if such action is taken in accordance 
with the requirements of this subsection, section 
235 of the Social Security Act, and applicable 
regulations prescribed thereunder. 
‘‘(H) 
EXCLUSIVE
MEANS
OF 
VERIFICATION.—If a person or other entity is 
required or has elected to participate in the 
EEVS, subsections (b) and (d) shall not apply 
to the person or other entity. 
‘‘(2) OBTAINING DOCUMENTS FOR EEVS.— 
‘‘(A) INFORMATION REQUIRED.—A person 
or other entity registered to participate in the 
EEVS shall, with respect to the hiring, or re-
cruiting or referring for a fee, any individual 
for employment in the United States, obtain 
from the individual— 
‘‘(i) the individual’s name and date of 
birth; 
‘‘(ii) the individual’s social security 
account number; and 
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‘‘(iii) in the case of an individual who 
does not claim to be a national of the 
United States, such alien identification or 
authorization number as the Secretary 
shall require. 
‘‘(B) DOCUMENTS REQUIRED.—The person 
or entity shall require that the individual 
produce one of the following documents con-
sistent with the status claimed by the individual 
and bearing identifying information consistent 
with that obtained from the individual: 
‘‘(i) In the case of an individual who 
is a national of the United States— 
‘‘(I) a United States passport; or 
‘‘(II) a driver’s license or identity 
card, issued by a State, the Common-
wealth of the Northern Mariana Is-
lands, or an outlying possession of the 
United States, that contains a photo-
graph of the individual, other identi-
fying information (including the indi-
vidual’s name, date of birth, gender, 
and address) and security features to 
make the license or card resistant to 
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tampering, counterfeiting, and fraudu-
lent use. 
‘‘(ii) In the case of an alien lawfully 
admitted for permanent residence in the 
United States, a permanent resident card, 
as specified by the Secretary, that contains 
a photograph of the individual, other iden-
tifying information (including name, date 
of birth, gender, and address), and con-
tains security features to make the docu-
ment resistant to tampering, counter-
feiting, and fraudulent use. 
‘‘(iii) In the case of an alien who is 
authorized under the Immigration and Na-
tionality Act or by the Secretary of Home-
land Security to be employed in the United 
States, an employment authorization card, 
issued by the Secretary that contains a 
photograph of the individual, other identi-
fying information (including name, date of 
birth, gender, and address), and security 
features to make the document resistant to 
tampering, counterfeiting, and fraudulent 
use. 
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‘‘(iv) In the case of an individual who 
is unable to obtain a document described 
in clause (i), (ii), or (iii), a document des-
ignated by the Secretary that contains a 
photograph of the individual, other identi-
fying information (including name, date of 
birth, gender, and address) and security 
features to make the document resistant to 
tampering, counterfeiting, and fraudulent 
use. 
‘‘(C) UNACCEPTABLE DOCUMENTS.—If the 
Secretary finds that a document or class of doc-
uments described in clause (ii) is not reliable to 
establish identity or is being used fraudulently 
to an unacceptable degree, the Secretary shall 
prohibit, or impose conditions, on the use of 
such documents or class of documents for pur-
poses of this subsection. The Secretary shall 
publish notice of any findings under this clause 
in the Federal Register. 
‘‘(3) ATTESTATION.—A person or other entity 
registered to participate in the EEVS shall attest, 
under penalty of perjury using an electronic signa-
ture or code approved by the Commissioner of Social 
Security through an internet or telephonic connec-
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tion prescribed by the Commissioner, that registrant 
has obtained the information required by paragraph 
(2)(A) and examined a consistent document required 
by paragraph (2)(B). 
‘‘(4) CONSEQUENCES OF CERTAIN EEVS DETER-
MINATIONS.— 
‘‘(A) MANDATORY DISMISSAL IF NO CON-
TEST
OF
INITIAL
DISAPPROVAL.—If an indi-
vidual does not contest the initial disapproval 
notice described in section 235(a)(3)(C)(ii) of 
the Social Security Act by the end of the 10- 
day period beginning on the date on which the 
notice is received from the employer, the dis-
approval shall become final, and the employer 
shall, within 3 business days after the end of 
such 10-day period, terminate the employment, 
recruitment, or referral of the individual by the 
employer. 
‘‘(B) MANDATORY
DISMISSAL
IF
DIS-
APPROVAL NOTICE ISSUED AFTER CONTEST.— 
In any case in which a disapproval notice de-
scribed in section 235(a)(3)(C)(v) of the Social 
Security Act is issued, the employer shall, with-
in 3 business days after receipt of such notice, 
terminate the employment, recruitment, or re-
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ferral of the individual who is the subject of the 
notice. 
‘‘(C) RULE ON DISMISSAL.—An employer 
shall not terminate an employee until receiving 
a final disapproval notice, unless there is good 
cause for dismissal for a reason other than the 
failure to obtain approval of employment eligi-
bility. 
‘‘(5) PRESUMPTION OF VIOLATION.—If a per-
son or other entity registered to participate in the 
EEVS continues, in violation of this subparagraph, 
to employ, recruit, or refer an individual, a rebutta-
ble presumption is created that the registrant has 
violated subsections (a)(1)(A) and (a)(2) of this sec-
tion, except that such presumption shall not apply to 
a prosecution under subsection (f)(1) of this section. 
‘‘(d) 
SECURE
EMPLOYMENT
ELIGIBILITY 
VERIFICATION SYSTEM.— 
‘‘(1) IN
GENERAL.—Beginning with the first 
day of operation of the SEEVS a person or other 
entity subject to subsection (a)(1)(B) of this section 
may elect to comply with such subsection by partici-
pating in the SEEVS. Such participation shall be in 
lieu of participation in the EEVS established under 
section 235(a) of the Social Security Act. Such par-
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ticipation shall be subject to the requirements of sec-
tion 235(b) of such Act and the regulations issued 
under such section. 
‘‘(2) REQUIREMENT
TO
NOTIFY.—The Sec-
retary of Homeland Security shall notify persons or 
entities subject to subsection (a)(1)(B) about the op-
portunity to participate in the SEEVS not less than 
60 days prior to the first day of operation of the 
system. 
‘‘(3) PRESUMPTION.—Participation in SEEVS 
by an employer that follows the required procedures 
of the system shall create a presumption that the 
employer has not violated the requirements of this 
Act with respect to its hiring decisions, which pre-
sumption shall only be overcome by clear and con-
vincing evidence of willful noncompliance resulting in 
the hiring of an unauthorized employee. 
‘‘(4) EXCLUSIVE MEANS OF VERIFICATION.—If 
a person or other entity is required or has elected 
to participate in the SEEVS, subsections (b) and (c) 
shall not apply to the person or other entity. 
‘‘(5) COMPLIANCE WITH EEVS REQUIREMENTS 
UPON TERMINATION OF ELECTION.—If a person or 
other entity terminates its election to participate in 
the SEEVS, the person or entity shall be subject to 
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compliance with subsection (c) with respect to all 
employment actions beginning on the date of such 
termination.’’. 
(b) ENHANCEMENT
OF
FEDERAL
PREEMPTION 
STANDARDS.—Section 274A(h)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to 
read as follows: 
‘‘(2) PREEMPTION; NO NATIONAL IDENTIFICA-
TION CARD.— 
‘‘(A) PREEMPTION.—The provisions of this 
section preempt any provision of any law of any 
State or political subdivision thereof or any con-
tract entered into by any State or political sub-
division thereof which— 
‘‘(i) imposes civil or criminal sanctions 
upon employers for actions governed by the 
Act; 
‘‘(ii) requires, authorizes or permits a 
system of verification of the immigration 
status of employees or employment appli-
cants; 
‘‘(iii) requires, authorizes, or permits 
the use of a federally mandated employ-
ment verification system for any purpose 
other than that required by Federal law, 
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including verifying status of renters, deter-
mining eligibility for receipt of benefits, en-
rollment in school, obtaining or retaining a 
business or other license provided by the 
unit of government, or conducting a back-
ground check; or 
‘‘(iv) requires or prohibits the use of 
an 
immigration 
status 
employment 
verification system for any purpose, except 
as required by Federal law, including with-
out limitation, such purposes as— 
‘‘(I) a condition of receiving a 
government contract; 
‘‘(II) a condition of receiving a 
business license; or 
‘‘(III) the basis of assessing a 
penalty. 
‘‘(B) NO
AUTHORIZATION
OF
NATIONAL 
IDENTIFICATION
CARD.—Nothing in this sec-
tion shall be construed to authorize, directly or 
indirectly, the issuance or use of national iden-
tification cards or the establishment of a na-
tional identification card.’’. 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
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Homeland Security such sums as may be necessary to 
carry out the amendments made by this section. 
SEC. 103. AMENDMENTS TO SOCIAL SECURITY ACT TO IM-
PROVE 
EMPLOYMENT 
AUTHORIZATION 
VERIFICATION. 
(a) AMENDMENT TO TITLE II.— 
(1) IN GENERAL.—Title II of the Social Secu-
rity Act (42 U.S.C. 401 et seq.) is amended by add-
ing at the end the following new section: 
‘‘ELECTRONIC EMPLOYMENT VERIFICATION 
‘‘SEC. 
235. 
(a) 
ELECTRONIC
EMPLOYMENT 
VERIFICATION SYSTEM.— 
‘‘(1) IN GENERAL.—The Commissioner of So-
cial Security, in cooperation and consultation with 
the Secretary of Health and Human Services, Sec-
retary of Homeland Security, the States, and the 
Advisory Panel created in subsection (c) of this sec-
tion, shall establish an Electronic Employment 
Verification System (the ‘EEVS’) using the em-
ployer data entry infrastructure of the National Di-
rectory of New Hires (established pursuant to sec-
tion 453(i)). The EEVS— 
‘‘(A) shall, as is appropriate and effective, 
utilize elements of the employment eligibility 
confirmation system infrastructure established 
under section 404 of the Illegal Immigration 
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Reform and Immigrant Responsibility Act of 
1996 (Public Law 104–208; 110 Stat. 3009– 
664); 
‘‘(B) shall be accessible over the Internet 
and a toll-free telephone line maintained by the 
Commissioner; and 
‘‘(C) shall have the capacity to determine 
whether— 
‘‘(i) identifying information with re-
spect to an individual, submitted by the 
subject employer, is consistent with the in-
formation maintained by the Commissioner 
(with respect to both citizens and nationals 
of the United States) and by the Secretary 
of Homeland Security (solely with respect 
to aliens); and 
‘‘(ii) the individual is a citizen or na-
tional or is not an unauthorized alien (as 
defined in section 274A(h)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 
1324a(h)(3))) with respect to the employ-
ment. 
‘‘(2) SUBJECT
EMPLOYER.—For purposes of 
this section, the term ‘subject employer’ means, in 
connection with any individual, an employer (within 
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the meaning of section 453A(a)(2)(B)(i)) of such in-
dividual and includes any person who recruits or re-
fers for employment such individual for a fee. 
‘‘(3) VERIFICATION OF EMPLOYMENT AUTHOR-
IZATION.— 
‘‘(A) IN
GENERAL.—The Commissioner 
shall, through the EEVS— 
‘‘(i) respond to each inquiry regarding 
an individual’s identifying information and 
eligibility for employment in the United 
States for the subject employer, as re-
corded in the information maintained by 
the Commissioner or the Secretary of 
Homeland Security as appropriate, and in-
clude in the response the time period 
(which may be unlimited) for which the in-
dividual is authorized to be employed in 
the United States by such employer, as so 
recorded; and 
‘‘(ii) maintain a record of each such 
inquiry and the information provided in re-
sponse to such inquiry. 
‘‘(B) SUBMISSION TO SYSTEM.— 
‘‘(i) IN
GENERAL.—A subject em-
ployer shall submit an inquiry through the 
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EEVS to seek confirmation of an individ-
ual’s identifying information and eligibility 
for employment in the United States— 
‘‘(I) in the case of hiring subject 
to clause (i) of section 274A(a)(1)(B) 
of the Immigration and Nationality 
Act (8 U.S.C. 1324a(a)(1)(B)), dur-
ing the period beginning on the date 
of hire and ending at the end of the 
third business day after the employee 
has reported for duty; and 
‘‘(II) in the case of recruitment 
or referral for a fee subject to clause 
(ii) of such section, not later than the 
first day of such recruitment or refer-
ral. 
‘‘(ii) REQUIRED INFORMATION.—Such 
inquiry shall include— 
‘‘(I) the individual’s name and 
date of birth; 
‘‘(II) the individual’s social secu-
rity account number; 
‘‘(III) in the case of an individual 
who does not claim to be a national of 
the United States, such alien identi-
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fication or authorization number as 
the Secretary shall require. 
‘‘(C) EEVS SCREENING OF EMPLOYMENT 
ELIGIBILITY.— 
‘‘(i) IN GENERAL.—As soon as pos-
sible, but not later than 3 business days 
after a subject employer submits an in-
quiry to the EEVS regarding an indi-
vidual, the EEVS shall provide to the sub-
ject employer, through the EEVS, approval 
or initial disapproval of the employment of 
the individual in the United States. 
‘‘(ii) INITIAL
DISAPPROVAL.—If a 
subject employer receives an initial dis-
approval from the system for an individual, 
the subject employer shall notify such indi-
vidual of the issuance of such disapproval 
in writing, on the form described in para-
graph (5)(E), not later than 3 business 
days after receiving such notice. Such indi-
vidual shall acknowledge receipt of such 
notice in writing on a form prescribed by 
the Commissioner. The Commissioner shall 
provide the individual an opportunity to 
contest the initial disapproval, and the no-
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tification of the individual by the subject 
employer shall include a description of the 
individual’s right to contest such dis-
approval. 
‘‘(iii) CONTEST.—If the individual 
contests the initial disapproval, the indi-
vidual shall submit appropriate information 
to contest such notice under the proce-
dures established by the Commissioner, in 
consultation with the Secretary of Home-
land Security, not later than 10 business 
days after receiving the notice from the 
subject employer. 
‘‘(iv) NO CONTEST.—If the individual 
does not contest the initial disapproval no-
tice by the end of the 10-day period begin-
ning on the date on which the notice is re-
ceived from the subject employer, the dis-
approval shall become final, and the sub-
ject employer shall record on the system 
the appropriate code, in accordance with 
regulations of the Commissioner, to indi-
cate the individual did not contest the ini-
tial disapproval. An individual’s failure to 
contest an initial disapproval shall not be 
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considered an admission of any fact with 
respect to any violation of this title, the 
Immigration and Nationality Act, or any 
other provision of law. 
‘‘(v) APPROVAL
OR
DISAPPROVAL.— 
The Commissioner, in consultation with 
the Secretary of Homeland Security, shall 
ensure prompt resolution of the individ-
ual’s contest of the initial disapproval and 
issue either an approval or disapproval no-
tice to the subject employer through the 
EEVS not later than 10 business days 
after the date on which the individual con-
tests their initial disapproval. 
‘‘(D) ADMINISTRATIVE
REVIEW
OF
DIS-
APPROVALS.— 
‘‘(i) IN GENERAL.—An individual who 
is terminated from employment pursuant 
to subparagraph (B) or (C) of section 
274A(c)(4) of the Immigration and Na-
tionality Act may, not later than 30 busi-
ness days after the date of such termi-
nation, file an appeal of the disapproval 
notice resulting in such termination. 
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‘‘(ii) 
PROCEDURES.—The 
Commis-
sioner and the Secretary of Homeland Se-
curity shall jointly develop procedures to 
review appeals filed under clause (i) and— 
‘‘(I) with respect to disapprovals 
based on information maintained by 
the Commissioner, the appeal shall be 
filed with the Commissioner and the 
Commissioner shall make the final de-
terminations; and 
‘‘(II) with respect to disapprovals 
based on information maintained by 
the Secretary of Homeland Security, 
the appeal shall be filed with the Sec-
retary of Homeland Security and the 
Secretary shall make the final deter-
minations on such appeals and pro-
vide certification of such final deter-
minations to the Commissioner. 
‘‘(iii) REVIEW
FOR
ERRORS.—If a 
final determination on an appeal filed 
under clause (i) results in approval of an 
individual’s eligibility to work in the 
United States, the Commissioner (in the 
case of a final determination under clause 
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wages from the general fund of the 
Treasury. 
‘‘(II) CALCULATION
OF
LOST 
WAGES.—Lost wages shall be cal-
culated based on the wage rate and 
work schedule that prevailed prior to 
termination. The individual shall be 
compensated for wages lost beginning 
on the first scheduled work day after 
employment was terminated and end-
ing 180 days after completion of the 
administrative 
review 
process 
de-
scribed in this paragraph or the day 
after the individual is reinstated or 
obtains employment elsewhere, which-
ever occurs first. 
‘‘(III) 
LIMITATION
ON
COM-
PENSATION.—For purposes of deter-
mining an individual’s compensation 
for the loss of employment, such com-
pensation shall be reduced by any 
compensation earned from any em-
ployment during such period and shall 
not include any period in which the 
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individual was ineligible for employ-
ment in the United States. 
‘‘(E) 
JUDICIAL
REVIEW
OF
DIS-
APPROVALS.— 
‘‘(i) IN GENERAL.—An individual de-
scribed in subparagraph (D)(i) may obtain 
judicial review of a final determination 
under subparagraph (D) by a civil action 
commenced not later than 30 days after 
the date of such determination. 
‘‘(ii) JURISDICTION.—A civil action 
for such judicial review shall be brought in 
the district court of the United States for 
the judicial district in which the plaintiff 
resides, or has a principal place of busi-
ness, or, if the plaintiff does not reside or 
have a principal place of business within 
any such judicial district, in the District 
Court of the United States for the District 
of Columbia. 
‘‘(iii) ANSWER.—A certified copy of 
the administrative record compiled during 
the administrative review under subpara-
graph (D), including the evidence received 
during such review, shall be filed in such 
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civil action. The court shall have power to 
enter, upon the pleadings and administra-
tive record, a judgment affirming, modi-
fying or reversing such administrative deci-
sion, with or without remanding the matter 
for further proceedings. 
‘‘(iv) COMPENSATION
FOR
ERROR.— 
In cases in which such judicial review re-
sults in a determination that compensation 
for lost wages is due, such compensation 
shall be computed and paid in accordance 
with subparagraph (D)(iv). 
‘‘(4) IMPLEMENTATION OF THE EEVS.— 
‘‘(A) IN
GENERAL.—The Commissioner 
shall establish a schedule for implementation of 
the EEVS that is designed to assure that the 
capacity of all aspects of the EEVS, including 
the equipment and personnel required to com-
plete reviews of contested initial disapprovals 
and corrections of erroneous records, within the 
time limits established by subparagraphs (C) 
and (D) of paragraph (3). 
‘‘(B) PRIORITIES.—The schedule estab-
lished pursuant to subparagraph (A) shall be 
established based on the priority of maximizing 
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the deterrent effect on illegal migration and un-
authorized employment on the most expeditious 
basis possible. 
‘‘(C) BASIC
PILOT
PARTICIPANTS.—The 
schedule established pursuant to subparagraph 
(A) shall assure that all participants in the 
basic pilot program for employment eligibility 
verification described in section 403(a) of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1324a note) 
are registered in the EEVS as soon as feasible 
after the date of the enactment of the New Em-
ployee Verification Act of 2009. 
‘‘(D) ALL OTHERS.—Every person that is 
a subject employer with respect to one or more 
individuals as of the date of enactment of the 
New Employee Verification Act of 2009 shall be 
required to register in the EEVS, or be compli-
ant under subsection (b) of this section, not 
later than 36 months after such date. 
‘‘(5) STANDARDS FOR OPERATION.— 
‘‘(A) POLICIES
AND
PROCEDURES.—The 
Commissioner, the Secretary of Homeland Se-
curity, and the Secretary of Health and Human 
Services shall establish procedures for col-
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lecting, updating, removing, and adding data to 
the EEVS to ensure the accuracy and integrity 
of the data and to limit access to the data to 
authorized personnel. 
‘‘(B) PUBLIC EDUCATION.—Not later than 
6 months before the first registration date, the 
Commissioner, in cooperation with the Sec-
retary of Health and Human Services, the Sec-
retary of Homeland Security, and the States, 
shall develop a public education campaign re-
garding the obligations imposed by this section, 
as well as instructional materials provided with-
out cost to the public regarding how to use the 
EEVS. 
‘‘(C) REGISTRANT
TRAINING.—Not later 
than 6 months before the first registration date, 
the Commissioner, in cooperation with the Sec-
retary of Homeland Security, the Secretary of 
Health and Human Services, and the States, 
shall institute a comprehensive program of out-
reach and training for employers regarding the 
operation and benefits of using the verification 
systems described in this section and informing 
them of ongoing assistance resources for the 
implementation and use of such systems. 
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‘‘(D) EEVS DESIGN
AND
TECHNOLOGY 
STANDARDS.—The Commissioner and the Sec-
retary of Homeland Security shall ensure the 
following with respect to the development and 
operation of the EEVS: 
‘‘(i) The development and implemen-
tation of the system in accordance with 
technology standards that are sufficiently 
comprehensive and robust to verify the em-
ployment eligibility of all persons applying 
for employment in the United States at all 
times. 
‘‘(ii) The dependable operation of a 
cross-agency, cross-platform electronic sys-
tem that is a cost-effective, efficient, fully 
integrated means to share identifying in-
formation, immigration information, and 
Social Security information necessary to 
confirm the employment eligibility of all 
persons seeking employment. 
‘‘(iii) The real-time data entry of em-
ployment eligibility with respect to all indi-
viduals that is accomplished on a contem-
poraneous basis with the establishment or 
change of immigration, citizenship, work 
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authorization, or identifying information 
maintained by the Commissioner, such that 
this information is immediately available to 
be accessed through the EEVS. 
‘‘(iv) The operation of EEVS on a 
fully electronic basis that shall not require 
the creation or maintenance of paper 
records or electronic copies of documents 
other than a log of inquiries and responses 
for those employers that employ telephonic 
access to the system. 
‘‘(v) The accessibility to all employers 
via the Internet and telephone through a 
system that permits a subject employer to 
utilize any appropriate technology to access 
the EEVS, including technology that is 
maintained or operated by the private sec-
tor vendors. 
‘‘(vi) The provision of an expeditious 
method exists for correcting errors regard-
ing immigration, citizenship, work author-
ization, and identifying information main-
tained by the Commissioner, or any other 
relevant data in a timely and effective 
manner, for determining the source of data 
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to ascertain its accuracy and correcting 
procedures known to lead to errors in such 
data. 
‘‘(vii) The enforcement of strict limi-
tations on agency and contractor personnel 
authorized to input data into the EEVS, 
and identify classes of prejudicial informa-
tion requiring authorization of supervisory 
personnel before entry into the System. 
‘‘(viii) The operation of a centralized 
system through which individuals who have 
been notified of ineligibility for employ-
ment or benefits based on their immigra-
tion, citizenship, work authorization, or 
identifying information maintained by the 
Commissioner can seek to correct erro-
neous or inaccurate information within 
specific time schedules for reviewing data 
correction requests, rendering decisions on 
such requests, and implementing appro-
priate corrective action in a timely manner. 
‘‘(ix) The provision of a 24-hour 
Internet and telephonic help-desk available 
to respond to questions about the use of 
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the system as well as to resolve questions 
about employment status. 
‘‘(x) The Commissioner and the Sec-
retary of Homeland Security shall conduct 
a study of the feasibility of a mechanism to 
update all Social Security records on a 
continuous basis with immigration and 
work authorization status to permit the 
Commissioner to respond to employer in-
quiries pursuant to subparagraph (C) with-
out the necessity of accessing of other data 
bases. Study findings shall be provided to 
the Committees of jurisdiction in the Con-
gress not later than one year after the date 
of the enactment of this section. 
‘‘(E) NOTICES TO EMPLOYEES.—The Com-
missioner, in consultation with the Secretary of 
Homeland Security, shall develop a written 
form for employers to provide to individuals for 
whom they receive an initial disapproval and 
disapproval notices that shall include— 
‘‘(i) in the case of an initial dis-
approval— 
‘‘(I) the right to contest such ini-
tial disapproval; and 
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‘‘(II) contact information for ini-
tiating such contest, including the ap-
propriate agency to contact and the 
procedures to follow in doing so; and 
‘‘(ii) in the case of a disapproval, the 
right to appeal the disapproval, including 
the appropriate agency to contact and the 
procedures to follow in doing so. 
‘‘(F) ADDITIONAL
RESPONSIBILITIES
OF 
COMMISSIONER IN SUPPORT OF THE EEVS.— 
The Commissioner shall establish— 
‘‘(i) a reliable, secure method for de-
termining, through the EEVS— 
‘‘(I) whether the name, date of 
birth, and social security account 
number of an individual provided in 
an inquiry made to the EEVS by an 
employer is consistent with such infor-
mation maintained by the Commis-
sioner; 
‘‘(II) the citizenship status asso-
ciated with such name and social se-
curity account number, according to 
the records maintained by the Com-
missioner; 
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‘‘(III) whether the name and 
number belongs to an individual who 
is deceased or a child, according to 
the records maintained by the Com-
missioner; 
‘‘(IV) whether the name belongs 
to an individual whose record has a 
fraud indicator; and 
‘‘(V) whether the name and num-
ber is blocked in accordance with 
paragraph (7); and 
‘‘(ii) in consultation with the Sec-
retary of Homeland Security, a reliable, se-
cure method for an individual to verify 
such individual’s own eligibility for employ-
ment in the United States. 
‘‘(G) ANNUAL
REPORT
AND
CERTIFI-
CATION.—Not later than 24 months after the 
date of the enactment of the New Employee 
Verification Act of 2009, and annually there-
after, the Commissioner, in cooperation with 
the Secretary of Homeland Security, shall sub-
mit to the Congress a report that includes— 
‘‘(i) a certified determination of the 
percentage of inquiries to the EEVS and 
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SEEVS that result in a final approval or 
disapproval notice, within the applicable 
period described in paragraph (3)(C), that 
are not overturned in a subsequent appeal, 
and if that percentage is less than 99 per-
cent of the cases, the steps being taken to 
bring the percentage to 99 percent or high-
er within specified time frames; and 
‘‘(ii) an assessment of the privacy and 
security of the EEVS and SEEVS. 
‘‘(H) ENUMERATION.—The Commissioner 
shall seek to assign social security account 
numbers to all aliens who are authorized to 
work in the United States, at the time of entry 
to the United States or at the time of acquisi-
tion of work authorized status in accordance 
with section 205(c)(2)(B)(i)(I) by employing 
enumeration procedures administered jointly by 
the Commissioner, the Secretary of State, and 
the Secretary of Homeland Security. 
‘‘(6) LIMITATION ON COLLECTION AND USE OF 
DATA.— 
‘‘(A) COLLECTION.— 
‘‘(i) IN GENERAL.—The EEVS shall 
collect and maintain only the minimum 
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data necessary to facilitate the successful 
operation of the EEVS, and in no case 
shall the data be other than information 
necessary— 
‘‘(I) to register subject employ-
ers; 
‘‘(II) to initiate and respond to 
inquiries or contests; 
‘‘(III) to establish and enforce 
compliance with paragraphs (3) and 
(4); or 
‘‘(IV) to detect and prevent em-
ployment related identity fraud. 
‘‘(ii) PENALTIES.—Any officer, em-
ployee, or contractor who willfully and 
knowingly collects and maintains data in 
the EEVS other than data described in 
clause (i) shall be, for each such violation, 
guilty of a misdemeanor and, upon convic-
tion, fined as provided in title 18, United 
States Code, imprisoned for not more than 
1 year, or both. 
‘‘(B) USE.—Whoever willfully and know-
ingly accesses, discloses, or uses any informa-
tion obtained or maintained by the EEVS— 
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‘‘(i) for the purpose of committing 
identity fraud, or assisting another person 
in committing identity fraud, as defined in 
section 1028 of title 18, United States 
Code; 
‘‘(ii) for the purpose of unlawfully ob-
taining employment in the United States 
or unlawfully obtaining employment in the 
United States for any other person; or 
‘‘(iii) for any purpose other than as 
provided for under any provision of law, 
shall be guilty of a felony and upon conviction 
shall be fined under title 18, United States 
Code, or be imprisoned for not more than 5 
years, or both. 
‘‘(C) EXCEPTIONS.—Nothing in subpara-
graph (A) or (B) may be construed to limit the 
collection, maintenance, or use of data by the 
Commissioner of Internal Revenue or the Com-
missioner of Social Security as provided by law. 
‘‘(7) RIGHT TO BLOCK USE OF NUMBER.—The 
Commissioner shall establish secure procedures 
under which an individual who has been assigned a 
social security account number may block the use of 
such number under the EEVS and may remove any 
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such block. Such procedures shall ensure the authen-
tication of the identity of such individual. 
‘‘(b) 
SECURE
EMPLOYMENT
ELIGIBILITY 
VERIFICATION SYSTEM.— 
‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of the enactment of the New Em-
ployee Verification Act of 2009, the Commissioner 
shall, after consultation with the Secretary of Home-
land Security, the Director of the National Institute 
of Standards and Technology, and the Employment 
Verification Advisory Panel established under para-
graph (5), establish by regulation a Secure Employ-
ment Eligibility Verification System (referred to in 
this subsection as the ‘SEEVS’). The purpose of the 
SEEVS shall be to provide for identity authentica-
tion and employment eligibility verification with re-
spect to enrolled new employees which shall be avail-
able to subject employers who elect to participate in 
the SEEVS in lieu of the EEVS. Any subject em-
ployer may cancel the employer’s participation in the 
SEEVS after one year after electing to participate 
without prejudice to future participation. 
‘‘(2) MINIMUM REQUIREMENTS.—In accordance 
with the regulations prescribed by the Commissioner 
pursuant to paragraph (1)— 
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‘‘(A) IDENTITY AUTHENTICATION AND EM-
PLOYMENT ELIGIBILITY VERIFICATION BY EN-
ROLLMENT PROVIDERS.—The SEEVS shall uti-
lize the services of private sector entities (here-
inafter in this subsection referred to as ‘enroll-
ment providers’), with appropriate expertise, 
which shall be subject to initial and periodic 
certification by the Commissioner, to provide— 
‘‘(i) enrollment under the SEEVS of 
new employees by means of identity au-
thentication in a manner that provides a 
high level of certainty as to their true iden-
tities, using immigration and identifying 
information maintained by the Social Secu-
rity Administration and the Department of 
Homeland Security, review of identity doc-
uments, 
and 
background 
screening 
verification techniques using publicly avail-
able information; 
‘‘(ii) protection of the authenticated 
information through biometric technology; 
and 
‘‘(iii) verification of employment eligi-
bility of such new employees. 
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‘‘(B) 
DATABASE
MANAGEMENT.—The 
SEEVS shall provide for databases of identi-
fying information which may be retained by the 
enrollment providers. Databases controlled by 
the Commissioner and Secretary of Homeland 
Security shall be maintained in a manner to 
capture new entries and new status information 
in a timely manner and to interact with the pri-
vate enrollment databases to keep employment 
authorization status and identifying information 
current on a daily basis. The information main-
tained in such databases shall be subject to the 
requirements established pursuant to paragraph 
(5), except that— 
‘‘(i) use of the data shall be limited to 
obtaining 
employment 
eligibility 
verification only, unless the new employee 
consents to use the data for other pur-
poses, as provided in regulations prescribed 
by the Commissioner, and 
‘‘(ii) other identifying traits of the 
new employees shall be stored through an 
encoding process that keeps their accurate 
names, dates of birth, social security num-
bers, and immigration identification num-
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bers (if any) separate, except during elec-
tronic verification. 
‘‘(C) ACCESSIBILITY
TO
EMPLOYERS.— 
Availability of data maintained in the SEEVS 
shall be managed so that any subject employer 
who participates in the SEEVS can obtain 
verification with respect to any new employee 
enrolled with any enrollment provider serving in 
the SEEVS. 
‘‘(D) LIMITATIONS RELATING TO BIOMET-
RIC DATA.—Any biometric data maintained in 
the SEEVS relating to any new employee shall 
be— 
‘‘(i) encrypted and segregated from 
identifying information relating to the new 
employee, and 
‘‘(ii) maintained and linked to identi-
fying information relating to the new em-
ployee only by consent of the new employee 
for the purpose of verifying employment 
eligibility or approved correction processes 
or for other purposes specifically author-
ized by the employee as provided in regula-
tions prescribed by the Commissioner. 
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‘‘(E) ACCURACY OF ASSOCIATION OF DATA 
WITH ENROLLED NEW EMPLOYEES.—The en-
rollment process under the SEEVS shall be 
managed, in the case of each new employee en-
rolled in the SEEVS, so as to result in the ac-
curate association of data consisting of name, 
date of birth, Social Security number, and im-
migration identification number (if any) with 
the established identity of the new employee. 
‘‘(F) LIMITATIONS ON ACCESSIBILITY OF 
INFORMATION.—Data stored in SEEVS relat-
ing to any enrolled new employee shall not be 
accessible to any person other than those oper-
ating the SEEVS and for the sole purpose of 
identity authentication and employment eligi-
bility verification in connection with the new 
employee, except— 
‘‘(i) by the written consent of the new 
employee given specifically for each in-
stance or category of disclosure for any 
other purpose as provided in regulations 
prescribed by the Commissioner, or 
‘‘(ii) in response to a warrant issued 
by a judicial authority of competent juris-
diction in a criminal proceeding. 
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‘‘(G) PUBLIC EDUCATION.—The Commis-
sioner shall conduct a program of ongoing, com-
prehensive public education campaign relating 
to the SEEVS. 
‘‘(3) 
EMPLOYER
RESPONSIBILITIES.—Under 
the regulations prescribed by the Commissioner pur-
suant to paragraph (1)— 
‘‘(A) USE
LIMITED
TO
ENROLLED
NEW 
EMPLOYEES.—Use of the SEEVS by subject 
employers participating in the SEEVS shall be 
limited to use in connection with the hiring of 
new employees occurring after their enrollment 
in the SEEVS. 
‘‘(B) USE FOR LIMITED PERIOD.—Use of 
the SEEVS by any subject employer partici-
pating in the SEEVS in connection with any 
new employee may occur only during the period 
beginning on the date of hire and ending at the 
end of the third business day after the employee 
has reported for duty. Use of the SEEVS with 
respect to recruitment or referral for a fee may 
occur only until the first day of such recruit-
ment or referral. 
‘‘(C) RESPONSIBILITY OF EMPLOYERS TO 
ENROLL NEW EMPLOYEES.—In connection with 
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the hiring by any subject employer of a new 
employee who has not been previously enrolled 
in the SEEVS, enrollment of the new employee 
shall occur only upon application by the subject 
employer submitted to an enrollment provider, 
together with payment of any costs associated 
with the enrollment. 
‘‘(D) LIMITATIONS ON SELECTIVE USE.— 
No subject employer may use the SEEVS selec-
tively to verify any class, level, or category of 
new employees. Nothing in this subparagraph 
shall be construed to preclude subject employers 
from utilizing the SEEVS in connection with 
hiring at selected employment locations without 
implementing such usage at all locations of the 
employer. 
‘‘(4) EMPLOYEE PROTECTIONS.—Under regula-
tions prescribed by the Commissioner pursuant to 
paragraph (1)— 
‘‘(A) ACCESS
FOR
EMPLOYEES
TO
COR-
RECT AND UPDATE INFORMATION.—Employees 
enrolled in the SEEVS shall be provided access 
to the SEEVS to verify information relating to 
their employment authorization and readily 
available processes to correct and update their 
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enrollment information and information relating 
to employment authorization. 
‘‘(B) SAME RIGHTS AND PROTECTIONS AS 
THOSE PROVIDED UNDER THE EEVS.—Employ-
ees shall be provided the same rights and pro-
tections in connection with responses to inquir-
ies under the SEEVS relating to identity au-
thentication 
or 
employment 
eligibility 
verification as are afforded under subsection 
(a). 
‘‘(C) RIGHT TO CANCEL ENROLLMENT.— 
Each employee enrolled in the SEEVS shall 
have the right to cancel such employee’s enroll-
ment at any time after the identity authentica-
tion and employment eligibility verification 
processes are completed by the subject employer 
described in paragraph (3)(C). Such cancella-
tion shall remove from the SEEVS all identi-
fying information and biometrics in connection 
with such employee without prejudice to future 
enrollments. 
‘‘(5) MAINTENANCE
OF
SECURITY
AND
CON-
FIDENTIALITY OF INFORMATION.— 
‘‘(A) IN GENERAL.—Every person who is a 
subject employer participating in the SEEVS or 
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an officer or contractor of such a subject em-
ployer and who has access to any information 
obtained at any time from the Social Security 
Administration shall maintain the security and 
confidentiality of such information. No such 
person may disclose any file, record, report, 
paper, or other item containing information so 
obtained at any time by any such person from 
the Commissioner of Social Security or from 
any officer or employee of the Social Security 
Administration except as the Commissioner of 
Social Security may by regulations prescribe or 
as otherwise provided by Federal law. 
‘‘(B) PENALTY FOR DISCLOSURE IN VIOLA-
TION OF SUBPARAGRAPH (A).—Any person de-
scribed in subparagraph (A) who violates sub-
paragraph (A) shall be guilty of a felony and, 
upon conviction thereof, shall be punished by a 
fine not exceeding $10,000 for each occurrence 
of a violation, or by imprisonment not exceeding 
5 years, or both. 
‘‘(C) PENALTY FOR KNOWING DISCLOSURE 
OF
FRAUDULENT
INFORMATION.—Any person 
who willfully and knowingly accesses, discloses, 
or uses any information which such person pur-
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ports to be information obtained as described in 
subparagraph (A) knowing such information to 
be false shall be guilty of a felony and, upon 
conviction thereof, shall be punished by a fine 
not exceeding $10,000 for each occurrence of a 
violation, or by imprisonment not exceeding 5 
years, or both. 
‘‘(D) RESTITUTION.— 
‘‘(i) 
IN
GENERAL.—Any 
Federal 
court, when sentencing a defendant con-
victed of an offense under this paragraph, 
may order, in addition to or in lieu of any 
other penalty authorized by law, that the 
defendant make restitution to the victims 
of such offense specified in clause (ii). Sec-
tions 3612, 3663, and 3664 of title 18, 
United States Code, shall apply with re-
spect to the issuance and enforcement of 
orders of restitution to victims of such of-
fense under this subparagraph. If the court 
does not order restitution, or orders only 
partial restitution, under this subsection, 
the court shall state on the record the rea-
sons therefor. 
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‘‘(ii) VICTIMS
SPECIFIED.—The vic-
tims specified in this clause are the fol-
lowing: 
‘‘(I) Any individual who suffers a 
financial loss as a result of the disclo-
sure described in subparagraph (B) or 
(C). 
‘‘(II) The Commissioner of Social 
Security, to the extent that the disclo-
sure described in subparagraph (B) or 
(C) results in the inappropriate pay-
ment of a benefit by the Commis-
sioner. 
‘‘(iii) DEPOSIT IN THE TRUST FUNDS 
OF
AMOUNTS
PAID
AS
RESTITUTION
TO 
THE COMMISSIONER.—Funds paid to the 
Commissioner as restitution pursuant to a 
court order under this subparagraph shall 
be deposited in the Federal Old-Age and 
Survivors Insurance Trust Fund or the 
Federal Disability Insurance Trust Fund, 
as appropriate. 
‘‘(c) CREATION OF EMPLOYMENT VERIFICATION AD-
VISORY PANEL.— 
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‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of the New Em-
ployee Verification Act of 2009, the Commissioner 
shall establish an Employment Verification Advisory 
Panel (hereinafter in this subsection referred to as 
the ‘Advisory Panel’). 
‘‘(2) 
MEMBERSHIP.—The 
Advisory 
Panel 
should consist of members appointed by the Com-
missioner, after consulting with the Secretary of 
Homeland Secretary, the Secretary of the Treasury, 
the Director of National Institutes of Standards and 
Technology, and other appropriate Federal agencies. 
Such members should include representatives from 
appropriate Federal agencies and private sector rep-
resentatives of affected industries and groups, in-
cluding immigration policy, human resource, em-
ployer and employee organizations, experts in fields 
including database security, biometrics, and privacy. 
‘‘(3) FUNCTIONS.—The Advisory Panel shall 
advise the Commissioner and the Secretary of 
Homeland Security on the implementation and de-
ployment of the verification systems established 
under this section, including— 
‘‘(A) the best means of promoting effi-
ciency, responsiveness, accuracy, public edu-
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cation, user support, interoperability, and cost- 
effectiveness of the systems established under 
this section; 
‘‘(B) best practices and procedures in 
order to protect the privacy and identities of in-
dividuals enrolled in the systems established 
under this section; 
‘‘(C) standards of database accuracy, error 
rates, privacy, and measurable compliance that 
should be met before implementation begins 
and before each additional phase of implemen-
tation; and 
‘‘(D) the best means by which data ob-
tained through the EEVS and the SEEVS may 
be used to timely improve the accuracy of data-
bases maintained by the Commissioner and the 
Secretary of Homeland Security. 
‘‘(4) TERMINATION.—The Advisory Panel shall 
terminate 5 years after the date of the enactment of 
this Act.’’. 
(2) AUTHORIZATION OF APPROPRIATIONS AND 
LIMITATION OF RESPONSIBILITIES.— 
(A) AUTHORIZATION.—There are author-
ized to be appropriated to the Commissioner of 
Social Security such sums as may be necessary 
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to carry out the amendments made by this sec-
tion. 
(B) LIMITATION.—The Commissioner of 
Social Security may carry out the Commis-
sioner’s responsibilities under the amendment 
made by paragraph (1) only to the extent that 
funds are appropriated in advance to cover the 
Commissioner’s full costs in carrying out such 
responsibilities. In no case shall funds from the 
Federal Old-Age and Survivors Insurance Trust 
Fund or the Federal Disability Insurance Trust 
Fund be used to carry out such responsibilities. 
(b) AMENDMENTS RELATING TO PROVISION OF IN-
FORMATION BY EMPLOYERS TO THE STATE DIRECTORY 
OF NEW HIRES.—Section 453A(b) of the Social Security 
Act (42 U.S.C. 653a(b)) is amended— 
(1) in paragraph (1)(A), by striking ‘‘and social 
security number of the employee’’ and inserting 
‘‘date of birth, and social security number (or such 
alien identification or authorization number as the 
Secretary of Homeland Security shall require) of the 
employee, the date the employee first reported for 
duty’’; and 
(2) in paragraph (2), by striking ‘‘—’’ and all 
that follows and inserting ‘‘not later than the 3rd 
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business day after the employee first reported for 
duty.’’. 
SEC. 104. ANTIDISCRIMINATION PROTECTIONS. 
(a) APPLICATION OF PROHIBITION OF DISCRIMINA-
TION TO VERIFICATION SYSTEM.—Section 274B(a) of the 
Immigration and Nationality Act (8 U.S.C. 1324b(a)) is 
amended— 
(1) in paragraph (1)— 
(A) in the matter preceding subparagraph 
(A), by inserting ‘‘, the verification of the indi-
vidual’s work authorization through the Elec-
tronic Employment Verification System de-
scribed in section 235(a) of the Social Security 
Act or the Secure Employment Eligibility 
Verification System described in section 235(b) 
of such Act,’’ after ‘‘the individual for employ-
ment’’; and 
(B) in subparagraph (B), by striking ‘‘in 
the case of a protected individual (as defined in 
paragraph (3)),’’; and 
(2) by amending paragraph (3) to read as fol-
lows: 
‘‘(3) ANTIDISCRIMINATION REQUIREMENTS OF 
THE ELECTRONIC EMPLOYMENT VERIFICATION SYS-
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TEM AND THE SECURE EMPLOYMENT ELIGIBILITY 
VERIFICATION SYSTEM.— 
‘‘(A) IN GENERAL.—It is an unfair immi-
gration-related employment practice for a per-
son or other entity, in the course of partici-
pating 
in 
the 
Electronic 
Employment 
Verification System described in section 235(a) 
of the Social Security Act or the Secure Em-
ployment Eligibility Verification System de-
scribed in section 235(b) of such Act— 
‘‘(i) to terminate or undertake any ad-
verse employment action due to an initial 
disapproval or disapproval unless author-
ized or required under such sections; 
‘‘(ii) to use the verification system for 
screening of an applicant prior to an offer 
of employment; 
‘‘(iii) except as described in sub-
sections (a)(3)(C) and (b)(4)(A) of section 
235 of such Act, to use the verification 
system for a current employee after the 
first day of employment, or for the re- 
verification of an employee after the em-
ployee has satisfied the process described 
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in subsection (a) or (b) of section 235 of 
such Act; or 
‘‘(iv) to require an individual to make 
an inquiry under the self-verification proce-
dures 
established 
under 
section 
235(b)(5)(A) of such Act. 
‘‘(B) PREEMPLOYMENT
SCREENING
AND 
BACKGROUND
CHECK.—Nothing in subpara-
graph (A) shall be construed to preclude a pre-
employment screening or background check that 
is required or permitted under any other provi-
sion of law. 
‘‘(C) 
RE-VERIFICATION.—A 
person 
or 
other entity, in the course of participating in 
the Electronic Employment Verification System 
described in section 235(a) of the Social Secu-
rity Act, shall not repeat the verification proc-
ess established by such section unless— 
‘‘(i) the previously approved period of 
employment provided by the system has ex-
pired, or 
‘‘(ii) if such person or other entity is 
the most recent such person or other entity 
in connection with the employee, the Com-
missioner of Social Security, in cooperation 
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with the Secretary of Homeland Security, 
has provided specific notice to re-verify the 
employee based on specific information 
about the employee’s authorization to be 
employed by such person or entity.’’. 
(b) INCREASE IN CIVIL MONEY PENALTIES.—Section 
274B(g)(2)(B)(iv) 
of 
such 
Act 
(8 
U.S.C. 
1324b(g)(2)(B)(iv)) is amended— 
(1) in subclause (I), by striking ‘‘$250 and not 
more than $2,000’’ and inserting ‘‘$1,000 and not 
more than $4,000’’; 
(2) in subclause (II), by striking ‘‘$2,000 and 
not more than $5,000’’ and inserting ‘‘$4,000 and 
not more than $10,000’’; 
(3) in subclause (III), by striking ‘‘$3,000 and 
not more than $10,000’’ and inserting ‘‘$6,000 and 
not more than $20,000’’; and 
(4) in subclause (IV), by striking ‘‘$100 and 
not more than $1,000’’ and inserting ‘‘$500 and not 
more than $5,000’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act and shall apply to violations occurring on or 
after such date. 
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SEC. 105. PENALTIES. 
Section 274A of the Immigration and Nationality Act 
(8 U.S.C. 1324a) is amended— 
(1) in subsection (e)(4)— 
(A) in subparagraph (A), in the matter be-
fore clause (i), by inserting ‘‘, subject to para-
graphs (10) through (12),’’ after ‘‘in an 
amount’’; 
(B) in subparagraph (A)(i), by striking 
‘‘not less than $250 and not more than 
$2,000’’ and inserting ‘‘not less than $5,000 
and not more than $7,500’’; 
(C) in subparagraph (A)(ii), by striking 
‘‘not less than $2,000 and not more than 
$5,000’’ and inserting ‘‘not less than $10,000 
and not more than $15,000’’; 
(D) in subparagraph (A)(iii), by striking 
‘‘not less than $3,000 and not more than 
$10,000’’ and inserting ‘‘not less than $25,000 
and not more than $40,000’’; and 
(E) by amending subparagraph (B) to read 
as follows: 
‘‘(B) may require the person or entity to 
take such other remedial action as is appro-
priate.’’; 
(2) in subsection (e)(5)— 
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(A) by inserting ‘‘, subject to paragraphs 
(10) through (12),’’ after ‘‘in an amount’’; 
(B) by striking ‘‘$100’’ and inserting 
‘‘$1,000’’; 
(C) by striking ‘‘$1,000’’ and inserting 
‘‘$25,000’’; 
(D) by striking ‘‘the size of the business of 
the employer being charged, the good faith of 
the employer’’ and inserting ‘‘the good faith of 
the employer being charged’’; and 
(E) by adding at the end the following sen-
tence: ‘‘Failure by a person or entity to utilize 
the employment eligibility verification system as 
required by law, or providing information to the 
system that the person or entity knows or rea-
sonably believes to be false, shall be treated as 
a violation of subsection (a)(1)(A).’’; 
(3) by adding at the end of subsection (e) the 
following new paragraphs: 
‘‘(10) MITIGATION OF CIVIL MONEY PENALTIES 
FOR SMALLER EMPLOYERS.—In the case of imposi-
tion of a civil penalty under paragraph (4)(A) with 
respect to a violation of subsection (a)(1)(A) or 
(a)(2) for hiring or continuation of employment by 
an employer and in the case of imposition of a civil 
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penalty under paragraph (5) for a violation of sub-
section (a)(1)(B) for hiring by an employer, the dol-
lar amounts otherwise specified in the respective 
paragraph shall be reduced as follows: 
‘‘(A) In the case of an employer with an 
average of fewer than 26 full-time equivalent 
employees (as defined by the Secretary of 
Homeland Security), the amounts shall be re-
duced by 60 percent. 
‘‘(B) In the case of an employer with an 
average of at least 26, but fewer than 101, full- 
time equivalent employees (as so defined), the 
amounts shall be reduced by 40 percent. 
‘‘(C) In the case of an employer with an 
average of at least 101, but fewer than 251, 
full-time equivalent employees (as so defined), 
the amounts shall be reduced by 20 percent. 
The last sentence of paragraph (4) shall apply under 
this paragraph in the same manner as it applies 
under such paragraph. 
‘‘(11) EXEMPTION FROM PENALTY FOR INITIAL 
GOOD FAITH VIOLATION.—In the case of imposition 
of a civil penalty under paragraph (4)(A) with re-
spect to a violation of subsection (a)(1)(A) or (a)(2) 
for hiring or continuation of employment or recruit-
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ment or referral by person or entity and in the case 
of imposition of a civil penalty under paragraph (5) 
for a violation of subsection (a)(1)(B) for hiring or 
recruitment or referral by a person or entity, the 
penalty otherwise imposed shall be waived if the vio-
lator establishes that it was the first such violation 
of such provision by the violator and the violator 
acted in good faith. 
‘‘(12) SAFE
HARBOR
FOR
CONTRACTORS.—A 
person or other entity shall not be liable for a pen-
alty under paragraph (4)(A) with respect to the vio-
lation of subsection (a)(1)(A), (a)(1)(B), or (a)(2) 
with respect to the hiring or continuation of employ-
ment of an unauthorized alien by a subcontractor of 
that person or entity unless the person or entity 
knew that the subcontractor hired or continued to 
employ such alien in violation of such subsection.’’; 
(4) by amending paragraph (1) of subsection (f) 
to read as follows: 
‘‘(1) CRIMINAL PENALTY.—Any person or enti-
ty which engages in a pattern or practice of viola-
tions of subsection (a)(1) or (2) shall be fined not 
more than $50,000 for each unauthorized alien with 
respect to which such a violation occurs, imprisoned 
for not less than one year, or both, notwithstanding 
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the provisions of any other Federal law relating to 
fine levels.’’; and 
(5) in subsection (f)(2), by striking ‘‘Attorney 
General’’ each place it appears and inserting ‘‘Sec-
retary of Homeland Security’’. 
SEC. 106. ANNUAL GAO STUDY AND REPORT. 
(a) REQUIREMENT.—The Comptroller General of the 
United States shall conduct an annual study of the Em-
ployment Eligibility Verification System described in sec-
tion 235(a) of the Social Security Act as added by this 
Act (hereinafter in the Act referred to as the ‘‘EEVS’’) 
and the Secure Employment Eligibility Verification Sys-
tem described in section 235(b) of such Act as added by 
this Act (hereinafter in the Act referred to as the 
‘‘SEEVS’’). 
(b) PURPOSE.—The study shall evaluate the accu-
racy, efficiency, integrity, and impact of the EEVS and 
the SEEVS. 
(c) REPORT.—Not later than the date that is 15 
months after the date of the enactment of this Act, and 
annually thereafter, ending once the System has been fully 
implemented for 5 years, the Comptroller General shall 
submit to the Congress a report containing the findings 
of the study carried out under this section. Each such re-
port shall include, at a minimum, the following: 
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(1) An assessment of the EEVS and SEEVS 
performance with respect to the rate at which indi-
viduals who are eligible for employment in the 
United States are correctly approved within the time 
periods specified in section 235(a)(3)(B) of the So-
cial Security Act. 
(2) An assessment of the privacy and security 
of the EEVS and the SEEVS and its effects on 
identity fraud or the misuse of personal data. 
(3) An assessment of the effects of the EEVS 
and SEEVS on the employment of unauthorized 
aliens (as defined in section 274A(h)(3) of the Im-
migration and Nationality Act). 
(4) An assessment of the effects of the EEVS 
and the SEEVS, including the effects of initial dis-
approvals on unfair immigration-related employment 
practices, and employment discrimination based on 
national origin or citizenship status. 
(5) An assessment of the effects of the EEVS 
and SEEVS on employers. 
(6) An assessment of whether the Secretary and 
the Commissioner of Social Security have adequate 
resources to carry out the duties and responsibilities 
set forth in section 235 of the Social Security Act. 
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SEC. 107. DISCLOSURE TO THE SECRETARY OF HOMELAND 
SECURITY OF INFORMATION IN THE NA-
TIONAL DIRECTORY OF NEW HIRES ABOUT 
EMPLOYERS WITH THE GREATEST NUMBER 
OR PERCENTAGE OF EMPLOYEES WITH MIS-
MATCHED SOCIAL SECURITY INFORMATION. 
(a) IN GENERAL.—Section 453(j) of the Social Secu-
rity Act (42 U.S.C. 653(j)) is amended by adding at the 
end the following: 
‘‘(11) DISCLOSURE TO SECRETARY OF HOME-
LAND SECURITY OF INFORMATION ABOUT EMPLOY-
ERS WITH THE GREATEST NUMBER OR PERCENTAGE 
OF EMPLOYEES WITH MISMATCHED SOCIAL SECU-
RITY INFORMATION.— 
‘‘(A) DISCLOSURE REQUIREMENT.— 
‘‘(i) IN GENERAL.—Within 4 months 
after the Secretary receives from the Sec-
retary of Homeland Security, in accord-
ance with clause (ii) of this subparagraph, 
a written request for the information de-
scribed in subparagraph (B), the Secretary 
shall disclose the information to the Sec-
retary of Homeland Security, based on the 
information available on new hires for the 
12 months preceding compilation of infor-
mation in response to the request. 
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‘‘(ii) SUNSET.—A request is received 
in accordance with this clause if the re-
quest is received in the 3-year period that 
begins with the date of the enactment of 
this paragraph. 
‘‘(B) INFORMATION TO BE DISCLOSED.— 
The information described in this subparagraph 
is the following: 
‘‘(i) TOP
1,000
EMPLOYERS
WITH 
GREATEST NUMBER OF EMPLOYEES WITH 
MISMATCHED SOCIAL SECURITY INFORMA-
TION.—The name, taxpayer identification 
number, and address of each employer who 
is among the 1,000 employers ranked high-
est under subparagraph (C)(i), and the 
total number of mismatches with respect to 
the employees of each such employer. If 
there is more than 1 employer so ranked 
1,000th, then such information with re-
spect to all employers so ranked shall be 
included. 
‘‘(ii) TOP
1,000
EMPLOYERS
WITH 
GREATEST
PERCENTAGE
OF
EMPLOYEES 
WITH MISMATCHED SOCIAL SECURITY IN-
FORMATION.—The name, taxpayer identi-
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fication number, and address of each em-
ployer who is among the 1,000 employers 
ranked highest under subparagraph (C)(ii), 
the total number of mismatches with re-
spect to the employees of each such em-
ployer, and the total percentage of the em-
ployees of each such employer with respect 
to whom there is a mismatch. If there is 
more than 1 employer so ranked 1,000th, 
then such information with respect to all 
employers so ranked shall be included. 
‘‘(iii) TOP
500
EMPLOYERS
WITH 
GREATEST NUMBER OF EMPLOYEES WITH 
SAME REPORTED SOCIAL SECURITY NUM-
BERS.—The name, taxpayer identification 
number, and address of each employer who 
is among the 500 employers ranked high-
est under subparagraph (C)(iii), and the 
total number of employees of each such 
employer who have the same social security 
account number as another employee of 
the employer. If there is more than 1 em-
ployer so ranked 500th, then such informa-
tion with respect to all employers so 
ranked shall be included. 
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‘‘(C) RANKINGS OF EMPLOYERS.— 
‘‘(i) RANKING
BY
NUMBER
OF
MIS-
MATCHED
EMPLOYEES.—The 
Secretary 
shall assign a rank to each employer with 
respect to whom there is new hire informa-
tion which has been submitted to the Na-
tional Directory of New Hires, based on 
the number of employees of the employer 
with respect to whom there is a mismatch, 
as described in clause (iv). The Secretary 
shall assign a rank of 1 to the employer 
with the greatest number of such employ-
ees, and a lower rank to employers with 
lesser numbers of such employees. The 
Secretary shall assign the same rank to 
employers with the same number of such 
employees. 
‘‘(ii) RANKING
BY
PERCENTAGE
OF 
MISMATCHED EMPLOYEES.—The Secretary 
shall assign a rank to each employer with 
respect to whom there is new hire informa-
tion which has been submitted to the Na-
tional Directory of New Hires, based on 
the percentage of employees of the em-
ployer with respect to whom there is a mis-
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shall assign the same rank to employers 
with the same number of such employees. 
‘‘(iv) MISMATCHES.—For purposes of 
this paragraph, there is a mismatch with 
respect to an employee if the Secretary de-
termines that— 
‘‘(I) the social security account 
number of the employee, as reported 
to the National Directory of New 
Hires (taking into account possible 
correction by the Social Security Ad-
ministration), is invalid; or 
‘‘(II) the name and social secu-
rity account number of the employee, 
as so reported (taking into account 
such possible correction), do not 
match the name and social security 
account number of the employee in 
the records of the Social Security Ad-
ministration. 
‘‘(D) LIMITATION ON USE OF DISCLOSED 
INFORMATION.—The Secretary of Homeland 
Security may use the information disclosed pur-
suant to subparagraph (A) of this paragraph 
only for the purpose of establishing and enforc-
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ing compliance with the Immigration and Na-
tionality Act. 
‘‘(E) CONDITION
ON
DISCLOSURE.—The 
Secretary shall make a disclosure in accordance 
with subparagraph (A) only to the extent that 
the Secretary determines that the disclosure 
would not interfere with the effective operation 
of the program under this part. 
‘‘(F) REIMBURSEMENT OF HHS COSTS.— 
The Secretary of Homeland Security shall reim-
burse the Secretary, in accordance with sub-
section (k)(3), for the costs incurred by the 
Secretary in making the disclosures required by 
subparagraph (A) of this paragraph.’’. 
(b) CONFORMING AMENDMENT TO IEVS.— 
(1) IN GENERAL.—Section 1137(a)(3) of such 
Act (42 U.S.C. 1320b–7(a)(3)) is amended by in-
serting ‘‘(including the full name and social security 
account number of, and the aggregate wages paid to, 
each employee during the reporting period, and the 
name, address, and Federal employer identification 
number of each employer reporting wages)’’ after 
‘‘quarterly wage reports’’. 
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(2) EFFECTIVE DATE.—The amendment made 
by paragraph (1) shall take effect 180 days after the 
date of the enactment of this Act. 
Subtitle B—Transition Provisions 
SEC. 111. PROTECTION OF SOCIAL SECURITY ADMINISTRA-
TION PROGRAMS. 
(a) FUNDING UNDER AGREEMENT.—Effective for 
fiscal years beginning on or after October 1, 2009, the 
Commissioner of Social Security and the Secretary of 
Homeland Security shall enter into and maintain an 
agreement which shall— 
(1) provide funds to the Commissioner for the 
full costs of the responsibilities of the Commissioner 
under section 404 of the Illegal Immigration Reform 
and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note), including (but not limited to)— 
(A) acquiring, installing, and maintaining 
technological equipment and systems necessary 
for the fulfillment of the responsibilities of the 
Commissioner under such section 404, but only 
that portion of such costs that are attributable 
exclusively to such responsibilities; and 
(B) responding to individuals who contest 
a tentative nonconfirmation provided by the 
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basic pilot confirmation system established 
under such section; 
(2) provide such funds quarterly in advance of 
the applicable quarter based on estimating method-
ology agreed to by the Commissioner and the Sec-
retary (except in such instances where the delayed 
enactment of an annual appropriation may preclude 
such quarterly payments); and 
(3) require an annual accounting and reconcili-
ation of the actual costs incurred and the funds pro-
vided under the agreement, which shall be reviewed 
by the Office of Inspector General of the Social Se-
curity Administration and the Department of Home-
land Security. 
(b) CONTINUATION OF EMPLOYMENT VERIFICATION 
IN ABSENCE OF TIMELY AGREEMENT.—In any case in 
which the agreement required under subsection (a) for any 
fiscal year beginning on or after October 1, 2009, has not 
been reached as of October 1 of such fiscal year, the latest 
agreement between the Commissioner and the Secretary 
of Homeland Security providing for funding to cover the 
costs of the responsibilities of the Commissioner under 
section 404 of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (8 U.S.C. 1324a note) 
shall be deemed in effect on an interim basis for such fis-
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cal year until such time as an agreement required under 
subsection (a) is subsequently reached, except that the 
terms of such interim agreement shall be modified by the 
Director of the Office of Management and Budget to ad-
just for inflation and any increase or decrease in the vol-
ume of requests under the basic pilot confirmation system. 
In any case in which an interim agreement applies for any 
fiscal year under this subsection, the Commissioner and 
the Secretary shall, not later than October 1 of such fiscal 
year, notify the Committee on Ways and Means, the Com-
mittee on the Judiciary, and the Committee on Appropria-
tions of the House of Representatives and the Committee 
on Finance, the Committee on the Judiciary, and the 
Committee on Appropriations of the Senate of the failure 
to reach the agreement required under subsection (a) for 
such fiscal year. Until such time as the agreement re-
quired under subsection (a) has been reached for such fis-
cal year, the Commissioner and the Secretary shall, not 
later than the end of each 90-day period after October 
1 of such fiscal year, notify such Committees of the status 
of negotiations between the Commissioner and the Sec-
retary in order to reach such an agreement. 
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SEC. 112. GAO STUDY OF BASIC PILOT CONFIRMATION SYS-
TEM. 
(a) IN GENERAL.—As soon as practicable after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall conduct a study regarding erro-
neous tentative nonconfirmations under the basic pilot 
confirmation system established under section 404(a) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (8 U.S.C. 1324a note). The results of 
the study shall be taken into account in the implementa-
tion of the amendments made by subtitle A. 
(b) MATTERS TO BE STUDIED.—In the study re-
quired under subsection (a), the Comptroller General shall 
determine and analyze— 
(1) the causes of erroneous tentative noncon-
firmations under the basic pilot confirmation system; 
(2) the processes by which such erroneous ten-
tative nonconfirmations are remedied; and 
(3) the effect of such erroneous tentative non-
confirmations on individuals, employers, and Federal 
agencies. 
(c) REPORT.—Not later than 2 years after the date 
of the enactment of this Act, the Comptroller General shall 
submit the results of the study required under subsection 
(a) to the Committee on Ways and Means and the Com-
mittee on the Judiciary of the House of Representatives 
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and the Committee on Finance and the Committee on the 
Judiciary of the Senate. 
SEC. 113. GAO STUDY OF EFFECTS OF BASIC PILOT PRO-
GRAM ON SMALL ENTITIES. 
(a) IN GENERAL.—Not later than 2 years after the 
date of the enactment of this Act, the Comptroller General 
of the United States shall submit to the Committees on 
the Judiciary of the United States House of Representa-
tives and the Senate a report containing the Comptroller 
General’s analysis of the effects of the basic pilot program 
described in section 403(a) of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) on small entities (as defined in section 601 
of title 5, United States Code). The analysis shall be taken 
into account in the implementation of the amendments 
made by subtitle A. The report shall detail— 
(1) the costs of compliance with such program 
on small entities; 
(2) a description and an estimate of the number 
of small entities enrolled and participating in such 
program or an explanation of why no such estimate 
is available; 
(3) the projected reporting, recordkeeping and 
other compliance requirements of such program on 
small entities; 
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(4) factors that impact small entities’ enroll-
ment and participation in such program, including 
access to appropriate technology, geography, entity 
size, and class of entity; and 
(5) the steps, if any, the Secretary of Homeland 
Security has taken to minimize the economic impact 
of participating in such program on small entities. 
(b) DIRECT AND INDIRECT EFFECTS.—The report 
shall cover, and treat separately, direct effects (such as 
wages, time, and fees spent on compliance) and indirect 
effects (such as the effect on cash flow, sales, and competi-
tiveness). 
(c) SPECIFIC CONTENTS.—The report shall provide 
specific and separate details with respect to— 
(1) small businesses (as defined in section 601 
of title 5, United States Code) with fewer than 50 
employees; and 
(2) small entities operating in States that have 
mandated use of the basic pilot program. 
TITLE II—OASDI BENEFITS 
SEC. 201. DENIAL OF CREDIT TOWARD BENEFITS FOR 
EARNINGS FROM UNAUTHORIZED WORK. 
(a) IN GENERAL.—Section 214 of the Social Security 
Act (42 U.S.C. 414) is amended by adding at the end the 
following: 
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‘‘(d)(1) No quarters of coverage shall be credited for 
purposes of this section or section 223(a)(1)(A) for any 
calender year in the case of any individual if— 
‘‘(A) on the last day of such year, such indi-
vidual is not a citizen or national of the United 
States, and 
‘‘(B) the Secretary of Homeland Security deter-
mines, pursuant to paragraph (2), that such indi-
vidual was not authorized to be employed in the 
United States during any portion of such calender 
year. 
‘‘(2)(A) The Secretary of Homeland Security shall 
enter into an agreement with the Commissioner to provide, 
in a form and manner specified by the Commissioner, such 
information as the Commissioner determines necessary to 
carry out the limitations on crediting quarters of coverage 
for years under paragraph (1). 
‘‘(B) For the purpose of carrying out the Secretary’s 
duties under subparagraph (A), the Secretary of Home-
land Security shall, in consultation with the Commis-
sioner, develop and maintain the following information: 
‘‘(i) The name, social security account number, 
and date of birth of each individual who is author-
ized by the Secretary of Homeland Security or the 
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Secretary of State to be employed in the United 
States. 
‘‘(ii) The date on which each such authorization 
is granted. 
‘‘(iii) The date on which each such authoriza-
tion is revoked or terminated. 
‘‘(iv) The date of naturalization for each indi-
vidual who becomes a naturalized citizen of the 
United States. 
‘‘(C) The information provided to the Commissioner 
under subparagraph (A) relating to years in which an indi-
vidual was not authorized to be employed in the United 
States during any portion of a year shall be the final de-
termination of the Secretary of Homeland Security after 
an opportunity for review or appeal under procedures 
which shall be established by the Secretary of Homeland 
Security and shall not be reviewable by the Commissioner. 
‘‘(3) Paragraph (1) shall not apply with respect to 
an individual who was assigned a social security account 
number prior to the date of the enactment of the New 
Employee Verification Act of 2009.’’. 
(b) DISREGARD
OF EARNINGS
FOR YEARS
FOR 
WHICH NO QUARTER
OF COVERAGE MAY BE CRED-
ITED.—Section 215(e) of such Act (42 U.S.C. 415(e)) is 
amended— 
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(1) by striking ‘‘and’’ at the end of paragraph 
(1); 
(2) by striking the period at the end of para-
graph (2) and inserting ‘‘; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) in computing the average indexed monthly 
earnings of an individual, there shall not be counted 
any annual wages or self-employment income for any 
year for which no quarter of coverage may be cred-
ited to such individual as a result of the application 
of section 214(d)(1).’’. 
(c) TRANSMISSION OF INFORMATION FROM COMMIS-
SIONER TO SECRETARY.—Section 205(c)(2) of such Act 
(42 U.S.C. 405(c)(2)) is amended by adding at the end 
the following new subparagraph: 
‘‘(I) The Commissioner and the Secretary of Home-
land Security shall enter into an agreement to establish 
a system to transmit to the Secretary of Homeland Secu-
rity any social security account number assigned to an in-
dividual after the date of the enactment of the New Em-
ployee Verification Act of 2009, and other identifying in-
formation relating to such individual, in any case in which 
such individual is not a citizen or national of the United 
States at the time of the assignment of such number to 
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such individual. The Secretary of Homeland Security shall 
incorporate such number and other identifying informa-
tion into all records of the Department of Homeland Secu-
rity maintained with respect to such individual.’’. 
(d) EFFECTIVE DATES.— 
(1) Section 214(d)(1) of the Social Security Act 
(added by subsection (a)) shall be effective with re-
spect to quarters of coverage credited for calendar 
years commencing after the date on which the Sec-
retary of Homeland Security and the Commissioner 
certify, by publication in the Federal Register, that 
the system for developing and maintaining informa-
tion pursuant to section 214(d)(2)(B) of the Social 
Security Act (added by subsection (a)) is oper-
ational. 
(2) The Commissioner of Social Security and 
the Secretary of Homeland Security shall enter into 
the agreement described in section 205(c)(2) of the 
Social Security Act (added by subsection (c)) not 
later than 180 days after the date of the enactment 
of this Act. 
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SEC. 202. IMPROVEMENTS IN PROVISIONS GOVERNING TO-
TALIZATION AGREEMENTS. 
(a) ADDITIONAL INFORMATION REQUIRED IN DOCU-
MENT TRANSMITTING TOTALIZATION AGREEMENTS TO 
THE CONGRESS.— 
(1) IN GENERAL.—Section 233(e)(1) of the So-
cial Security Act (42 U.S.C. 433(e)(1)) is amended 
to read as follows: 
‘‘(e)(1) Any agreement to establish a totalization ar-
rangement entered into pursuant to this section (and any 
such agreement to amend a totalization arrangement) 
shall be transmitted by the President to each House of 
the Congress together with a report by the President in 
support of such agreement. The President’s report shall 
include the following: 
‘‘(A) an identification and assessment by the 
Commissioner of Social Security of the major risks 
associated with entering into such an agreement 
with such other country, including an assessment 
of— 
‘‘(i) the integrity of such other country’s 
data and records on births, deaths, marriages, 
divorces, earnings, and other information affect-
ing eligibility for benefits or benefit amounts, 
and 
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alternative assumptions with respect to economic 
and demographic variables.’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply with respect to agree-
ments, establishing totalization arrangements pursu-
ant to section 233 of the Social Security Act, which 
are transmitted to the Congress on or after the date 
of the enactment of this Act. 
(b) APPROVAL OF TOTALIZATION AGREEMENTS BY 
JOINT RESOLUTION.— 
(1) IN GENERAL.—Section 233(e) of such Act 
(42 U.S.C. 433(e)) is amended by striking para-
graph (2) and inserting the following new para-
graphs: 
‘‘(2)(A) Except as provided in paragraph (4) or (5), 
the agreement transmitted to the Congress pursuant to 
paragraph (1) may enter into force according to its terms 
or upon the expiration of the period of 60 calendar days 
following the date of its transmittal to each House of the 
Congress (excluding Saturdays, Sundays, holidays, and 
days on which either House of Congress is not in session), 
whichever is later. 
‘‘(B) Whenever a document setting forth an agree-
ment entered into under this section and the President’s 
report in support of the agreement is transmitted to the 
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Congress pursuant to paragraph (1), copies of such docu-
ment shall be delivered to both Houses of Congress on 
the same day and shall be delivered to the Clerk of the 
House of Representatives if the House is not in session 
and to the Secretary of the Senate if the Senate is not 
in session. 
‘‘(3)(A) Any document setting forth an agreement en-
tered into under this section and transmitted to each 
House of the Congress pursuant to paragraph (1) shall 
set forth a determination of the Chief Actuary of the So-
cial Security Administration as to whether there is ex-
pected, over the 75-year period following the date of the 
entry into force of the agreement, a net reduction in any 
positive actuarial balance for such period of the social se-
curity system established by this title (or a net increase 
in any negative actuarial balance for such period for such 
system) attributable to the operation of such agreement 
equal to at least 0.005 percent of the present value of tax-
able payroll for such period. 
‘‘(B) For purposes of this paragraph— 
‘‘(i) The term ‘actuarial balance’ means, with 
respect to a period, the difference between the ad-
justed summarized income rate over such period and 
the adjusted summarized cost rate over such period. 
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‘‘(ii) The term ‘taxable payroll’ means, for a pe-
riod, the total wages (as defined in section 209) to 
be paid, and self-employment income (as defined in 
section 211(b)) to be derived, during such period. 
‘‘(iii) The term ‘adjusted summarized income 
rate’ means, over a period, the ratio (expressed as 
a percentage) of the sum of the trust fund balance 
at the beginning of the period plus the present value 
of the total income from taxes during such period, 
to the present value of the taxable payroll for such 
period. 
‘‘(iv) The term ‘adjusted summarized cost rate’ 
means, over a period, the ratio (expressed as a per-
centage) of the sum of the present value of the cost 
during such period plus the present value of the tar-
geted trust fund balance, to the present value of the 
taxable payroll for the years for such period. 
‘‘(v) The term ‘trust fund balance’ means the 
combined balance of the Federal Old-Age and Sur-
vivors Insurance Trust Fund and the Federal Dis-
ability Insurance Trust Fund (hereinafter in this 
subparagraph referred to as the ‘Trust Funds’). 
‘‘(vi) The term ‘income from taxes’ means, dur-
ing a period, the amounts deposited in the Trust 
Funds as appropriations during the period based on 
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taxes under chapters 2 and 21 and section 86 of the 
Internal Revenue Code of 1986. 
‘‘(vii) The term ‘cost’ means, during a period, 
disbursements from the Trust Funds during such 
period, including scheduled benefit payments, special 
monthly payments to certain uninsured persons who 
have 3 or more quarters of coverage (and whose pay-
ments are therefore not reimbursable from the gen-
eral fund of the Treasury), administrative expenses, 
net transfers from the Trust Funds to the Railroad 
Retirement program under financial-interchange 
provisions, and payments for vocational rehabilita-
tion services for disabled beneficiaries, and excluding 
special monthly payments to certain uninsured per-
sons whose payments are reimbursable from the gen-
eral fund of the Treasury, and transfers under the 
interfund borrowing provisions of section 201(l). 
‘‘(viii) The term ‘target trust fund balance’ 
means the trust fund balance, as of the end of the 
75-year period described in subparagraph (A), nec-
essary to support an OASDI trust fund ratio (as de-
fined in section 201(l)(3)(B)(iii)) of 100 percent for 
the year following the last year of such period. 
‘‘(C) In making determinations under this paragraph, 
the Chief Actuary shall employ the intermediate assump-
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tions of the Board of Trustees of the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Dis-
ability Insurance Trust Fund in its most recent annual 
report issued pursuant to section 201. 
‘‘(4) An agreement entered into under this section 
shall not enter into force if there is enacted into law, dur-
ing the period of 60 calendar days specified in paragraph 
(2)(A), a bill or joint resolution disapproving such agree-
ment. 
‘‘(5) In any case in which the determination of the 
Chief Actuary described in subparagraph (A) of paragraph 
(3) in connection with an agreement entered into under 
this section is that, with respect to the 75-year period de-
scribed in such subparagraph, there is expected a net re-
duction, in the actuarial balance for such period of the 
social security system established by this title, which— 
‘‘(A) is attributable to the operation of such 
agreement, and 
‘‘(B) is equal to at least 0.005 percent of the 
present value of taxable payroll for such period, 
such agreement shall not enter into force unless, during 
the period of 60 calendar days specified in paragraph 
(2)(A), there is enacted into law a bill or joint resolution 
approving such agreement. 
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‘‘(6)(A) The provisions of this paragraph are enacted 
by the Congress— 
‘‘(i) as an exercise of the rulemaking power of 
the House of Representatives and the Senate, re-
spectively, and as such they are deemed a part of 
the rules of each House, respectively, but applicable 
only with respect to the procedure to be followed in 
that House in the case of disapproval resolutions 
and approval resolutions, and they supersede other 
rules only to the extent that they are inconsistent 
therewith; and 
‘‘(ii) with full recognition of the constitutional 
right of either House to change the rules (so far as 
relating to the procedure of that House) at any time, 
in the same manner and to the same extent as in 
the case of any other rule of that House. 
‘‘(B) During the period of 60 calendar days specified 
in paragraph (2)(A), it shall be in order as a matter of 
highest privilege in each House of the Congress to con-
sider a bill or joint resolution described in paragraph (4) 
or (5) providing solely for the disapproval or approval of 
an agreement entered into under this section, if offered 
by the majority leader or minority leader of such House 
(or a designee). 
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‘‘(C) For purposes of consideration of a bill or joint 
resolution described in paragraph (4) or (5) providing 
solely for approval or disapproval of an agreement under 
this section, the agreement shall not be subject to amend-
ment after the transmittal to each House of the Congress 
pursuant to paragraph (1).’’. 
(2) EFFECTIVE DATE.—The amendment made 
by this subsection shall apply with respect to agree-
ments, establishing totalization arrangements pursu-
ant to section 233 of the Social Security Act, which 
are transmitted to the Congress on or after the date 
of the enactment of this Act. 
(3) 
SPECIAL
RULE.—Notwithstanding 
sub-
section (e) of section 233 of the Social Security Act 
(as in effect prior to the amendments made by this 
section), any agreement entered into pursuant to 
such section 233, establishing totalization arrange-
ments between the social security system established 
by title II of such Act and the social security system 
of another country, which— 
(A) was signed by the Commissioner of So-
cial Security in June 2004, and 
(B) was transmitted to the Congress pur-
suant to such subsection (e) on or after Sep-
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tember 1, 2007, and before the date of the en-
actment of this Act, 
shall be deemed not to have entered into force as of 
the date of the enactment of this Act and shall be 
deemed to enter into force after such date only as 
provided in section 233(e) of such Act (as amended 
by this section) as if such agreement had been trans-
mitted to the Congress on the date on which the 
President transmits to the Congress on or after such 
date, pursuant to section 233(e)(1) of such Act (as 
amended by this section), a report in support of 
such agreement meeting the requirements of such 
section 233(e)(1) (as so amended). 
(c) BIENNIAL REPORTS TO THE CONGRESS REGARD-
ING ONGOING OPERATION
OF TOTALIZATION AGREE-
MENTS.— 
(1) IN GENERAL.—Section 233 of such Act (42 
U.S.C. 433) is amended by adding at the end the 
following new subsection: 
‘‘Biennial Oversight Reports 
‘‘(f) The Commissioner of Social Security shall sub-
mit biennially to the Committee on Ways and Means of 
the House of Representatives and the Committee on Fi-
nance of the Senate a report evaluating the operation, dur-
ing the preceding 2-year period covered by the report, of 
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each agreement entered into pursuant to this section. 
Such report shall include— 
‘‘(1) if the report is submitted during the 10- 
year period following the date on which the agree-
ment enters into force, the change in benefit costs 
under the social security system established by this 
title which is attributable to the agreement, as esti-
mated as of the date of the report, and the change 
in contributions under such system which is attrib-
utable to such agreement, as so estimated, 
‘‘(2) information relating to actual, or perceived 
potential, fraudulent receipt of benefits attributable 
to the operation of the agreement under the social 
security system established by this title, 
‘‘(3) information relating to perceived problems 
with the integrity of the other country’s data and 
records used in determining eligibility for benefits or 
benefit amounts, and 
‘‘(4) if the report is submitted during the 10- 
year period following the date on which the agree-
ment enters into force, information relating to demo-
graphic or other trends that may cause future devi-
ations from the original estimates of costs to each 
social security system which are attributable to the 
agreement.’’. 
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(2) INITIAL
REPORT.—The Commissioner of 
Social Security shall submit the initial report pursu-
ant to section 233(f) of the Social Security Act 
(added by this subsection) not later than December 
31, 2009. 
SEC. 203. SUSPENSION OF BENEFITS FOR INDIVIDUALS RE-
MOVED FROM THE UNITED STATES. 
(a) IN GENERAL.—Section 202(n)(1) of the Social 
Security Act (42 U.S.C. 402(n)(1)) is amended— 
(1) in subparagraph (A), by striking ‘‘, on the 
basis of his wages and self-employment income,’’; 
(2) in subparagraph (B), by striking ‘‘and’’ at 
the end; 
(3) in subparagraph (C), by striking the period 
and inserting ‘‘, and’’; and 
(4) by adding at the end the following new sub-
paragraph: 
‘‘(D) no lump sum death payment shall be 
made to such individual after the Commissioner of 
Social Security is notified by the Attorney General 
or the Secretary of Homeland Security that such in-
dividual has been so removed.’’. 
(b) EFFECTIVE DATE.—The amendments made by 
this section shall apply to any individual with respect to 
whose removal from the United States the Commissioner 
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of Social Security receives notification from the Attorney 
General or the Secretary of Homeland Security after the 
twelfth month that begins after the date of the enactment 
of this Act. 
Æ 
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