291 
‘‘(II) be consistent with the bio-
metric standards for documents de-
scribed in section 737 of this Act; and 
‘‘(III) contain a disclaimer stat-
ing the following: ‘This card shall not 
be used for the purpose of identifica-
tion. 
‘‘(iv) The Commissioner shall provide 
for the issuance (or reissuance) to each in-
dividual who— 
‘‘(I) has been assigned a Social 
Security account number under sub-
paragraph (B), 
‘‘(II) has attained the minimum 
age applicable, in the jurisdiction in 
which such individual engages in em-
ployment, for legally engaging in such 
employment, and 
‘‘(III) files application for such 
card under this clause in such form 
and manner as shall be prescribed by 
the Commissioner, a Social Security 
card which meets the preceding re-
quirements of this subparagraph and 
which includes a recent digitized pho-
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292 
tograph of the individual to whom the 
card is issued. 
‘‘(v) The Commissioner shall maintain 
an ongoing effort to develop measures in 
relation to the Social Security card and the 
issuance thereof to preclude fraudulent use 
thereof.’’. 
(2) SHARING OF INFORMATION WITH THE SEC-
RETARY
OF
HOMELAND
SECURITY.—Section 
205(c)(2) of such Act is amended by adding at the 
end the following new subparagraph: 
‘‘(I) Upon the issuance of a Social Security 
account number under subparagraph (B) to any 
individual or the issuance of a Social Security 
card under subparagraph (G) to any individual, 
the Commissioner of Social Security shall trans-
mit to the Secretary of Homeland Security such 
information received by the Commissioner in 
the individual’s application for such number or 
such card as such Secretary determines nec-
essary and appropriate for administration of 
the STRIVE Act of 2007. Such information 
shall be used solely for inclusion in the Elec-
tronic Employment Eligibility Verification Sys-
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293 
tem established pursuant to title III of such 
Act.’’. 
(3) EFFECTIVE DATES.—The amendment made 
by paragraph (1) shall apply with respect to Social 
Security cards issued 2 years after the date of the 
enactment of this Act. The amendment made by 
paragraph (2) shall apply with respect to the 
issuance of Social Security account numbers and So-
cial Security cards after 2 years after the date of the 
enactment of this Act. 
(c) CONFORMING AMENDMENTS.— 
(1) AMENDMENTS.— 
(A) REPEAL
OF
BASIC
PILOT.—Sections 
401, 402, 403, 404, and 405 of the Illegal Im-
migration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104– 
208; 8 U.S.C. 1324a note) are repealed. 
(B) REPEAL
OF
REPORTING
REQUIRE-
MENTS.— 
(i) REPORT ON EARNINGS OF ALIENS 
NOT AUTHORIZED TO WORK.—Subsection 
(c) of section 290 (8 U.S.C. 1360) is re-
pealed. 
(ii) REPORT ON FRAUDULENT USE OF 
SOCIAL
SECURITY
ACCOUNT
NUMBERS.— 
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294 
Subsection (b) of section 414 of the Illegal 
Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (division C of 
Public Law 104–208; 8 U.S.C. 1360 note) 
is repealed. 
(C) REPEAL OF DEFINITION.—Paragraph 
(1)(F) of section 1961 of title 18, United 
States Code, is repealed. 
(2) CONSTRUCTION.—Nothing in this sub-
section or in subsection (c) of section 274A, as 
amended by subsection (a), may be construed to 
limit the authority of the Secretary to allow or con-
tinue to allow the participation of employers who 
participated in the basic pilot program under such 
sections 401, 402, 403, 404, and 405 of the Illegal 
Immigration Reform and Immigrant Responsibility 
Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1324a note) in the Electronic Employment 
Verification System established pursuant to such 
subsection (d). 
(d) TECHNICAL AMENDMENTS.— 
(1) DEFINITION OF UNAUTHORIZED ALIEN.— 
Sections 218(i)(1) (8 U.S.C. 1188(i)(1)), 245(c)(8) 
(8 U.S.C. 1255(c)(8)), 274(a)(3)(B)(i) (8 U.S.C. 
1324(a)(3)(B)(i)), 
and 
274B(a)(1) 
(8 
U.S.C. 
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295 
1324b(a)(1)) are amended by striking ‘‘274A(h)(3)’’ 
and inserting ‘‘274A(h)’’. 
(2) DOCUMENT REQUIREMENTS.—Section 274B 
(8 U.S.C. 1324b) is amended— 
(A) in subsections (a)(6) and (g)(2)(B), by 
striking ‘‘274A(b)’’ and inserting ‘‘274A(d)’’; 
and 
(B) in subsection (g)(2)(B)(ii), by striking 
‘‘274A(b)(5)’’ and inserting ‘‘274A(d)(9)’’. 
(e) OFFICE OF ELECTRONIC VERIFICATION.— 
(1) IN GENERAL.—The Secretary shall establish 
the Office of Electronic Verification within the Of-
fice of Screening Coordination of the Department. 
(2) RESPONSIBILITIES.—The head of the Office 
of Electronic Verification shall work with the Com-
missioner of Social Security— 
(A) to ensure the information maintained 
in the Electronic Employment Verification Sys-
tem established in subsection (c) of section 
274A of the Immigration and Nationality Act, 
as amended by subsection (a), is updated in a 
manner that promotes maximum accuracy; 
(B) to ensure a process is provided for cor-
recting erroneous information continued in such 
System; 
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296 
(C) to ensure that the data received from 
field offices of United States Customs and Bor-
der Protection or from other points of contact 
between aliens and the Department of Home-
land Security is registered in all relevant data-
bases; 
(D) to ensure that the data received from 
field offices of the Social Security Administra-
tion and other points of contact between nation-
als of the United States and the Social Security 
Administration is registered within all relevant 
databases; 
(E) to ensure that the Department has a 
sufficient number of personnel to conduct man-
ual verifications described in paragraph (2)(ii) 
of such subsection (c); 
(F) to establish and promote telephone 
help lines accessible to employers and individ-
uals 24-hours a day that provide information 
regarding the functioning of such System or 
specific issues related to the issuance of a ten-
tative nonconfirmations issued by the System; 
(G) to establish an outreach and education 
program to ensure that all new employers are 
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297 
fully informed of their responsibilities under 
such System; 
(H) to conduct random audits of individ-
ual’s files in the Government’s database each 
year to determine accuracy rates and require 
corrections of errors in a timely manner; and 
(I) to provide to the employer anti-dis-
crimination notices issued by the Office of Spe-
cial Counsel for Immigration-Related Unfair 
Employment Practices of the Civil Rights Divi-
sion of the Department of Justice. 
(f) REQUIREMENT FOR REPORTS.—Not later than 2 
years after the date of enactment of this Act, and annually 
thereafter, the Comptroller General of the United States 
shall submit to the Secretary and to Congress a report 
on the impact of the Electronic Employment Verification 
System described in section 274A(c) of the Immigration 
and Nationality Act, as amended by subsection (a), on em-
ployers and employees in the United States. Each such 
report shall include the following: 
(1) An assessment of the impact of the System 
on the employment of aliens who are not eligible for 
employment in the United States, including whether 
the System has indirectly caused an increase in ex-
ploitation of unauthorized workers. 
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298 
(2) An assessment of the accuracy of the data-
bases utilized by the System and of the timeliness 
and accuracy of the responses provided through the 
System to employers. 
(3) An assessment of the privacy and confiden-
tiality of the System and of the overall security of 
the System with respect to cybertheft and theft or 
misuse of private data. 
(4) An assessment of whether the System is 
being implemented in a nondiscriminatory and non-
retaliatory manner. 
(5) An assessment of the most common causes 
for the erroneous issuance of nonconfirmations by 
the System and recommendations to correct such 
causes. 
(6) Recommendations regarding a funding 
scheme for the maintenance of the System which 
may include minimal costs to employers or individ-
uals. 
(7) The recommendations of the Comptroller 
General regarding whether or not the System should 
be modified prior to further expansion. 
(g) EFFECTIVE DATE.—The amendments made by 
subsections (a), (b), and (c) shall take effect on the date 
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299 
that is 180 days after the date of the enactment of this 
Act. 
SEC. 302. CLARIFICATION OF INELIGIBILITY FOR MIS-
REPRESENTATION. 
Section 
212(a)(6)(C)(ii)(I) 
(8 
U.S.C. 
1182(a)(6)(C)(ii)(I)), is amended by striking ‘‘citizen’’ 
and inserting ‘‘national’’. 
SEC. 303. ANTIDISCRIMINATION PROTECTIONS. 
(a) APPLICATION OF PROHIBITION OF DISCRIMINA-
TION TO VERIFICATION SYSTEM.—Section 274B(a)(1) (8 
U.S.C. 1324b(a)(1)) is amended by inserting ‘‘, the 
verification of the individual’s eligibility for employment 
through the Electronic Employment Verification System 
described in section 274A(c),’’ after ‘‘the individual for 
employment’’. 
(b) CLASSES OF ALIENS AS PROTECTED INDIVID-
UALS.—Section 274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) 
is amended to read as follows— 
‘‘(B) is an alien who is— 
‘‘(i) lawfully admitted for permanent 
residence; 
‘‘(ii) granted the status of an alien 
lawfully admitted for temporary residence 
under section 210(a) or 245A(a); 
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300 
‘‘(iii) admitted as a refugee under sec-
tion 207; 
‘‘(iv) granted asylum under section 
208; 
‘‘(v) granted the nonimmigrant status 
under section 101(a)(15)(H)(ii)(c); 
‘‘(vi) granted temporary protected sta-
tus under section 244; or 
‘‘(vii) granted parole under section 
212(d)(5).’’. 
(c) REQUIREMENTS FOR ELECTRONIC EMPLOYMENT 
VERIFICATION.—Section 274B(a) (8 U.S.C. 1324b(a)) is 
amended by adding at the end the following: 
‘‘(7) ANTIDISCRIMINATION REQUIREMENTS OF 
THE ELECTRONIC EMPLOYMENT VERIFICATION SYS-
TEM.—It is an unfair immigration-related employ-
ment practice for a person or other entity, in the 
course of the Electronic Employment Verification 
System described in section 274A(c)— 
‘‘(A) to terminate the employment of an 
individual due to a tentative nonconfirmation 
issued by such System, with respect to that in-
dividual; 
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301 
‘‘(B) to use the System for screening of an 
applicant for employment prior to making the 
individual an offer of employment; 
‘‘(C) to reverify the employment authoriza-
tion of current employees beyond the time pe-
riod set out in 274A(c)(2); or 
‘‘(D) to use the System selectively to ex-
clude certain individuals from consideration for 
employment as a result of a perceived likelihood 
that additional verification will be required, be-
yond what is required for most job applicants.’’. 
(d) INCREASE IN CIVIL MONEY PENALTIES.—Section 
274B(g)(2) (8 U.S.C. 1324b(g)(2)) is amended— 
(1) in subparagraph (B)(iv)— 
(A) in subclause (I), by striking ‘‘$250 and 
not more than $1,000’’ and inserting ‘‘$2,000 
and not more than $4,000’’; 
(B) in subclause (II), by striking ‘‘$2,000 
and not more than $5,000’’ and inserting 
‘‘$4,000 and not more than $10,000’’; 
(C) in subclause (III), by striking ‘‘$3,000 
and not more than $10,000’’ and inserting 
‘‘$6,000 and not more than $20,000’’; 
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302 
(D) in subclause (IV), by striking ‘‘$100 
and not more than $1,000’’ and inserting 
‘‘$500 and not more than $5,000.’’ 
(e) INCREASED FUNDING
OF INFORMATION CAM-
PAIGN.—Section 274B(l)(3) (8 U.S.C. 1324b(l)(3)) is 
amended by inserting ‘‘and an additional $40,000,000 for 
each of fiscal years 2008 through 2010’’ before the period 
at the end. 
(f) EFFECTIVE DATE.—The amendments made by 
this title shall take effect on the date of the enactment 
of this Act and shall apply to violations occurring on or 
after such date. 
SEC. 304. ADDITIONAL PROTECTIONS. 
Section 274B (8 U.S.C. 1324b) is amended— 
(1) in subsection (a), by amending paragraph 
(1) to read as follows: 
‘‘(1) IN GENERAL.—It is an unfair immigra-
tion-related employment practice for a person or 
other entity to discriminate against any individual 
(other than an unauthorized alien defined in section 
274A(h)(3)) with respect to— 
‘‘(A) the hiring, or recruitment or referral 
for a fee, of the individual for employment or 
the discharging of the individual from employ-
ment— 
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303 
‘‘(i) because of such individual’s na-
tional origin; or 
‘‘(ii) in the case of a protected indi-
vidual, because of such individual’s citizen-
ship status; or 
‘‘(B) the compensation, terms, or condi-
tions of the employment of the individual.’’; 
(2) in subsection (a)(6), by striking ‘‘if made 
for the purpose or with the intent of discriminating 
against an individual in violation of paragraph (1)’’ 
and inserting ‘‘in violation of paragraph (1), subject 
to additional information and compliance assistance 
being provided to employers to assist them in com-
plying with the law’’; 
(3) in subsection (d)— 
(A) in paragraph (1), by striking ‘‘and, 
based on such an investigation and subject to 
paragraph (3), file a complaint before such a 
judge’’ and inserting ‘‘Any such investigation 
shall begin not later than 180 days after the al-
leged discriminatory act. Any such complaint 
filed with an administrative law judge shall be 
filed not later than 1 year after the commence-
ment of the independent investigation.’’; and 
(B) by striking paragraph (3); and 
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304 
(4) in subsection (g)(2)(B)(iii), by inserting ‘‘, 
and to provide such other relief as the administra-
tive law judge determines appropriate to make the 
individual whole’’ before the semicolon at the end. 
SEC. 305. ADDITIONAL WORKSITE ENFORCEMENT AND 
FRAUD DETECTION AGENTS. 
(a) INCREASE IN NUMBER OF PERSONNEL.—The 
Secretary shall, subject to the availability of appropria-
tions for such purpose, annually increase, by not less than 
2,200, the number of personnel of the Bureau of Immigra-
tion and Customs Enforcement during the 5-year period 
beginning on the date of the enactment of this Act. 
(b) USE OF PERSONNEL.—The Secretary shall en-
sure that not less than 25 percent of all the hours ex-
pended by personnel of the Bureau of Immigration and 
Customs Enforcement shall be used to enforce compliance 
with sections 274A and 274C of the Immigration and Na-
tionality Act (8 U.S.C. 1324a and 1324c). 
(c) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary for 
each of the fiscal years 2007 through 2011 such sums as 
may be necessary to carry out this section. 
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305 
SEC. 306. AMENDMENTS TO THE SOCIAL SECURITY ACT 
AND THE INTERNAL REVENUE CODE. 
(a) SOCIAL SECURITY ACT.—Section 205(c)(2) of the 
Social Security Act (42 U.S.C. 405(c)(2)) is amended by 
adding at the end the following new subparagraphs: 
‘‘(I)(i) The Commissioner of Social Secu-
rity shall, subject to the provisions of title III 
of the STRIVE Act of 2007, establish a reli-
able, secure method to provide through the 
Electronic Employment Verification System es-
tablished pursuant to section 274A(c) of the 
Immigration and Nationality Act (referred to in 
this subparagraph as the ‘System’), within the 
time periods required by such subsection— 
‘‘(I) a determination of whether the 
name, date of birth, employer identification 
number, and social security account num-
ber of an individual provided in an inquiry 
made to the System by an employer is con-
sistent with such information maintained 
by the Commissioner in order to confirm 
the validity of the information provided; 
‘‘(II) a determination of the citizen-
ship status associated with such name and 
social security account number, according 
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306 
to the records maintained by the Commis-
sioner; 
‘‘(III) a determination of whether the 
name and number belongs to an individual 
who is deceased, according to the records 
maintained by the Commissioner; 
‘‘(IV) a determination of whether the 
name and number is blocked in accordance 
with clause (ii); and 
‘‘(V) a confirmation or a nonconfirma-
tion described in such subsection (c), in a 
manner that ensures that other informa-
tion maintained by the Commissioner is 
not disclosed or released to employers 
through the System. 
‘‘(ii) The Commissioner of Social Security 
shall prevent the fraudulent or other misuse of 
a social security account number by establishing 
procedures under which an individual who has 
been assigned a social security account number 
may block the use of such number under the 
System and remove such block. 
‘‘(J) In assigning social security account 
numbers to aliens who are authorized to work 
in the United States under section 218A of the 
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307 
Immigration and Nationality Act, the Commis-
sioner of Social Security shall, to the maximum 
extent practicable, assign such numbers by em-
ploying the enumeration procedure administered 
jointly by the Commissioner, the Secretary of 
State, and the Secretary.’’. 
(b) DISCLOSURE OF CERTAIN TAXPAYER IDENTITY 
INFORMATION.— 
(1) IN GENERAL.—Section 6103(l) of the Inter-
nal Revenue Code of 1986 is amended by adding at 
the end the following new paragraph: 
‘‘(21) DISCLOSURE
OF
CERTAIN
TAXPAYER 
IDENTITY INFORMATION BY SOCIAL SECURITY AD-
MINISTRATION TO DEPARTMENT OF HOMELAND SE-
CURITY.— 
‘‘(A) IN GENERAL.—From taxpayer iden-
tity information which has been disclosed to the 
Social Security Administration and upon writ-
ten request by the Secretary of Homeland Secu-
rity, the Commissioner of Social Security shall 
disclose directly to officers, employees, and con-
tractors of the Department of Homeland Secu-
rity the following information: 
‘‘(i) DISCLOSURE OF EMPLOYER NO- 
MATCH NOTICES.—Taxpayer identity infor-
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308 
mation of each person who has filed an in-
formation return required by reason of sec-
tion 6051 during calendar year 2006, 
2007, or 2008 which contains— 
‘‘(I) more than 100 names and 
taxpayer identifying numbers of em-
ployees (within the meaning of such 
section) that did not match the 
records maintained by the Commis-
sioner of Social Security; or 
‘‘(II) more than 10 names of em-
ployees (within the meaning of such 
section) with the same taxpayer iden-
tifying number. 
‘‘(ii) DISCLOSURE
OF
INFORMATION 
REGARDING USE OF DUPLICATE EMPLOYEE 
TAXPAYER
IDENTIFYING
INFORMATION.— 
Taxpayer identity information of each per-
son who has filed an information return re-
quired by reason of section 6051 which the 
Commissioner of Social Security has rea-
son to believe, based on a comparison with 
information submitted by the Secretary of 
Homeland Security, contains evidence of 
identity fraud due to the multiple use of 
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309 
the same taxpayer identifying number (as-
signed under section 6109) of an employee 
(within the meaning of section 6051). 
‘‘(iii) DISCLOSURE
OF
INFORMATION 
REGARDING
NONPARTICIPATING
EMPLOY-
ERS.—Taxpayer identity information of 
each person who has filed an information 
return required by reason of section 6051 
which the Commissioner of Social Security 
has reason to believe, based on a compari-
son with information submitted by the Sec-
retary of Homeland Security, contains evi-
dence of such person’s failure to register 
and participate in the Electronic Employ-
ment Verification System authorized under 
section 274A(c) of the Immigration and 
Nationality Act (hereafter in this para-
graph referred to as the ‘System’). 
‘‘(iv) DISCLOSURE
OF
INFORMATION 
REGARDING
NEW
EMPLOYEES
OF
NON-
PARTICIPATING
EMPLOYERS.—Taxpayer 
identity information of all employees (with-
in the meaning of section 6051) hired after 
the date a person identified in clause (iii) 
is required to participate in the System 
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310 
under section 274A(c)(10) of the Immigra-
tion and Nationality Act. 
‘‘(v) DISCLOSURE
OF
INFORMATION 
REGARDING EMPLOYEES OF CERTAIN DES-
IGNATED EMPLOYERS.—Taxpayer identity 
information of all employees (within the 
meaning of section 6051) of each person 
who is required to participate in the Sys-
tem under such section 274A(c)(10) of the 
Immigration and Nationality Act. 
‘‘(vi) DISCLOSURE OF NEW HIRE TAX-
PAYER
IDENTITY
INFORMATION.—Tax-
payer identity information of each person 
participating in the System and taxpayer 
identity information of all employees (with-
in the meaning of section 6051) of such 
person hired during the period beginning 
with the later of— 
‘‘(I) the date such person begins 
to participate in the System; or 
‘‘(II) the date of the request im-
mediately preceding the most recent 
request under this clause, 
ending with the date of the most recent re-
quest under this clause. 
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311 
‘‘(B) RESTRICTION ON DISCLOSURE.—The 
Commissioner of Social Security shall disclose 
taxpayer identity information under subpara-
graph (A) only for purposes of, and to the ex-
tent necessary in— 
‘‘(i) establishing and enforcing em-
ployer participation in the System; 
‘‘(ii) carrying out, including through 
civil administrative and civil judicial pro-
ceedings, of sections 212, 217, 235, 237, 
238, 274A, 274B, and 274C of the Immi-
gration and Nationality Act; and 
‘‘(iii) the civil operation of the Alien 
Terrorist Removal Court. 
‘‘(C) 
REIMBURSEMENT.—The 
Commis-
sioner of Social Security shall prescribe a rea-
sonable fee schedule for furnishing taxpayer 
identity information under this paragraph and 
collect such fees in advance from the Secretary 
of Homeland Security. 
‘‘(D) 
TERMINATION.—This 
paragraph 
shall not apply to any request made after the 
date which is 3 years after the date of the en-
actment of this paragraph.’’. 
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