213 
ferred’’ and inserting ‘‘Except as provided in section 
274E, the requirements referred’’. 
(b) UNFAIR
IMMIGRATION-RELATED
EMPLOYMENT 
PRACTICES.—Section 274B(a)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1324b(a)(1)) is amended in the 
matter preceding subparagraph (A), by inserting ‘‘includ-
ing misuse of the verification system as described in section 
274E(g)’’ after ‘‘referral for a fee,’’. 
SEC. 306. PROTECTION OF SOCIAL SECURITY ADMINISTRA-
TION PROGRAMS. 
(a) FUNDING UNDER AGREEMENT.—Effective for fis-
cal years beginning on or after October 1, 2020, the Com-
missioner and the Secretary 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 274E(a)(5) of the Immigration and Na-
tionality Act, as inserted by section 301 of this Act, 
including— 
(A) acquiring, installing, and maintaining 
technological equipment and systems necessary 
for the fulfillment of the responsibilities of the 
Commissioner under such section, but only that 
portion of such costs that are attributable exclu-
sively to such responsibilities; and 
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214 
(B) responding to individuals who contest a 
tentative nonconfirmation or administratively 
appeal a final nonconfirmation provided by the 
electronic employment eligibility verification sys-
tem established under such section; 
(2) provide such funds annually in advance of 
the applicable quarter based on an estimating meth-
odology agreed to by the Commissioner and the Sec-
retary (except in such instances where the delayed en-
actment 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 Inspectors General of the Social Security Admin-
istration and the Department of Homeland 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, 2020, has not been 
reached as of October 1 of such fiscal year, the latest agree-
ment between the Commissioner and the Secretary pro-
viding for funding to cover the costs of the responsibilities 
of the Commissioner under section 274E(a)(5) of the Immi-
gration and Nationality Act, as inserted by section 301 of 
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215 
this Act, shall be deemed in effect on an interim basis for 
such fiscal 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 adjust 
for inflation and any increase or decrease in the volume 
of requests under the employment eligibility verification 
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 
Committee on the Judiciary, and the Committee on Appro-
priations of the House of Representatives and the Com-
mittee on Finance, the Committee on the Judiciary, and 
the Committee on Appropriations of the Senate of the fail-
ure 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 fiscal 
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 negotia-
tions between the Commissioner and the Secretary in order 
to reach such an agreement. 
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216 
SEC. 307. REPORT ON THE IMPLEMENTATION OF THE ELEC-
TRONIC EMPLOYMENT VERIFICATION SYS-
TEM. 
Not later than 24 months after the date on which final 
rules are published under section 309(a), and annually 
thereafter, the Secretary shall submit to Congress a report 
that includes the following: 
(1) An assessment of the accuracy rates of the re-
sponses of the electronic employment verification sys-
tem established under section 274E of the Immigra-
tion and Nationality Act, as inserted by section 301 
of this Act (referred to in this section as the ‘‘Sys-
tem’’), including tentative and final nonconfirmation 
notices issued to employment-authorized individuals 
and confirmation notices issued to individuals who 
are not employment-authorized. 
(2) An assessment of any challenges faced by per-
sons or entities (including small employers) in uti-
lizing the System. 
(3) An assessment of any challenges faced by em-
ployment-authorized individuals who are issued ten-
tative or final nonconfirmation notices. 
(4) An assessment of the incidence of unfair im-
migration-related employment practices, as described 
in section 274E(g) of the Immigration and Nation-
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217 
ality Act, as inserted by section 301 of this Act, re-
lated to the use of the System. 
(5) An assessment of the photo matching and 
other identity authentication tools, as described in 
section 274E(a)(4) of the Immigration and Nation-
ality Act, as inserted by section 301 of this Act, in-
cluding— 
(A) an assessment of the accuracy rates of 
such tools; 
(B) an assessment of the effectiveness of such 
tools at preventing identity fraud and other mis-
use of identifying information; 
(C) an assessment of any challenges faced 
by persons, entities, or individuals utilizing such 
tools; and 
(D) an assessment of operation and mainte-
nance costs associated with such tools. 
(6) A summary of the activities and findings of 
the U.S. Citizenship and Immigrations Services E– 
Verify Monitoring and Compliance Branch, or any 
successor office, including— 
(A) the number, types and outcomes of au-
dits, investigations, and other compliance activi-
ties initiated by the Branch in the previous year; 
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