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— 
‘‘(i) for the purpose of committing 
identity fraud, or assisting another person 
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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 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 such block. 
‘‘(b) 
SECURE
EMPLOYMENT
ELIGIBILITY 
VERIFICATION SYSTEM.— 
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‘‘(1) IN GENERAL.—Not later than 18 months 
after the date of the enactment of the New Em-
ployee Verification Act of 2008, 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. 
‘‘(2) MINIMUM REQUIREMENTS.—In accordance 
with the regulations prescribed by the Commissioner 
pursuant to paragraph (1)— 
‘‘(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-
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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. 
‘‘(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 
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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-
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 
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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. 
‘‘(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-
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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. 
‘‘(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)— 
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‘‘(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 
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. 
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‘‘(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 
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-
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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 and to have all identifying in-
formation and biometrics in connection with 
such employee removed from the SEEVS with-
out 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 
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 
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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-
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, 
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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. 
‘‘(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-
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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.— 
‘‘(1) IN GENERAL.—Not later than 180 days 
after the date of the enactment of the New Em-
ployee Verification Act of 2008, 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. 
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Such members should include representatives from 
appropriate Federal agencies and private sector rep-
resentatives of affected industries and groups, in-
cluding human resource, employer and employee or-
ganizations, experts in fields including database se-
curity, 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-
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 
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‘‘(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 
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. 
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(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 
business day after the employee first reported for 
duty.’’. 
SEC. 103. 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-
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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-
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 
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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; or 
‘‘(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 
in subsection (a) or (b) of section 235 of 
such Act. 
‘‘(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. 
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‘‘(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 
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’’; 
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(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. 
SEC. 104. 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’’; 
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(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)— 
(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 
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(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 
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. 
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‘‘(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-
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. 
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‘‘(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 
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. 105. ANNUAL GAO STUDY AND REPORT. 
(a) REQUIREMENT.—The Comptroller General of the 
United States shall conduct an annual study of the Em-
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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: 
(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. 
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(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. 106. 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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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. 
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: 
‘‘(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 
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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 
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 deter-
mination of the Secretary of Homeland Security after an 
opportunity for review or appeal under procedures which 
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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 2008.’’. 
(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— 
(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 
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(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 2008, 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 
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 
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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. 
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 
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‘‘(ii) individuals who are not United States 
citizens and their employers; 
‘‘(E) the Chief Actuary’s estimate of the effect 
of the agreement, in the short term and in the long 
term, on the receipts and disbursements under the 
social security system established by this title; and 
‘‘(F) an analysis by the Chief Actuary of the 
sensitivity of the estimates of the Chief Actuary to 
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 
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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 
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 
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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. 
‘‘(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. 
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‘‘(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 
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). 
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‘‘(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-
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— 
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‘‘(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. 
‘‘(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. 
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