‘‘(iii) information necessary to detect 
and prevent employment related identity 
fraud; and 
‘‘(iv) such other information the Sec-
retary of Homeland Security determines is 
necessary, through rulemaking in accord-
ance with section 553 of title 5, United 
States Code. 
‘‘(B) PENALTIES.—Any officer, employee, 
or contractor who willfully and knowingly col-
lects and maintains data in the system other 
than data described in subparagraph (A)(i) 
shall be guilty of a misdemeanor and fined nor 
more than $1,000 for each violation. 
‘‘(2) LIMITATION ON USE OF DATA.—Whoever 
willfully and knowingly accesses, discloses, or uses 
any information obtained or maintained by the sys-
tem— 
‘‘(A) for the purpose of committing iden-
tity fraud, or assisting another person in com-
mitting identity fraud, as defined in section 
1028 of title 18, United States Code; 
‘‘(B) for the purpose of unlawfully obtain-
ing employment in the United States for any 
other person; or 
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‘‘(C) for any purpose other than as pro-
vided 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 im-
prisoned for not more than 5 years, or both. 
‘‘(3) EXCEPTIONS.—Nothing in paragraph (1) 
or (2) may be construed to limit the collection, 
maintenance, or use of data by the Commissioner of 
Internal Revenue or the Commissioner of Social Se-
curity as provided by law. 
‘‘(4) GAO STUDY.—Not later than one year 
after the date of the enactment of this Act, the GAO 
shall submit to Congress a comprehensive review re-
garding the process by which the Departments of 
Homeland Security and Health and Human Services 
are ensuring the system’s readiness to handle ex-
panded participation by all employers in the United 
States. 
‘‘SEC. 405. ESTABLISHMENT OF SECURE ELECTRONIC EM-
PLOYMENT VERIFICATION SYSTEM. 
‘‘(a) ESTABLISHMENT OF SYSTEM.—The Secretary 
of Homeland Security shall within two years of enactment 
of this section establish a Secure Employment Eligibility 
Verification System (SEEVS) program with an advanced 
technology employment verification system to be adminis-
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tered by the Secretary or a private entity certified by the 
Secretary that can be adopted by employers on a voluntary 
pilot basis to comply with their obligations under section 
403, which program shall comply with the following re-
quirements: 
‘‘(1) The system shall be based on one or more 
technologies that have been screened and approved 
by NIST, after consultation with employers and pro-
spective providers of the system technology, to meet 
or exceed the following standards— 
‘‘(A) all approved technologies must be 
interoperable such that any employer that 
adopts participation in the system can verify 
any prospective employee enrolled with any cer-
tified provider; 
‘‘(B) all approved technologies must be 
based on a verification of identity, identifying 
data, and personal traits (including biometric 
identifiers) determined by NIST to provide a 
high level of accuracy; 
‘‘(C) biometric data shall be segregated 
and encoded such that it is separate from iden-
tifying information and can be linked to such 
identifying information only through activation 
by the subject individual voluntarily activating 
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the linkage through the verification process or 
approved correction mechanism; and 
‘‘(D) databases controlled by the Secretary 
of Homeland Security and by the Commissioner 
of Social Security shall be maintained in a man-
ner to capture new entries and new status in-
formation in a real time manner and to interact 
with other enrollment databases approved by 
the Secretary of Homeland Security to keep 
employment authorization status current on a 
daily basis. 
‘‘(2) The system shall be limited in application 
to hiring decisions made after implementation of the 
system and specific defined circumstances of expira-
tion of prior authorized employment or affirmative, 
credible evidence of lack of authorization. 
‘‘(3) The system shall provide for the enroll-
ment of prospective employees in a manner that pro-
vides a high level of certainty as to their true identi-
ties using comparison to Social Security and immi-
gration identifying information, forensic review of 
identity documents, and background screening 
verification techniques using publicly available infor-
mation. 
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‘‘(4) The enrollment process shall result in the 
association of an accurate name, date of birth, social 
security number, and immigration identification 
number (if any) with the established identity of each 
enrollee. 
‘‘(5) The system shall provide for databases of 
identifying information subject to privacy standards 
established and enforced by the Secretary of Home-
land Security, including a requirement that biomet-
ric and other identifying traits of enrollees be stored 
through an encoding process that keeps their accu-
rate names, dates of birth, social security numbers, 
and immigration identification numbers (if any) sep-
arate except during electronic verification. 
‘‘(6) The system shall permit individuals to 
specify that their enrollment be cancelled at any 
time and all identifying information and biometrics 
removed from the system without prejudice to future 
enrollments. 
‘‘(7) The system shall provide for regular up-
dating at least once per business day of all records 
contained in all provider databases with the employ-
ment authorization status of each enrolled indi-
vidual. 
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