257 
confirmation for the period required by 
subsection (b)(4)(A). 
‘‘(ii) 
NONCONFIRMATION
AND 
VERIFICATION.— 
‘‘(I) NONCONFIRMATION.—If an 
employer receives a tentative noncon-
firmation with respect to an indi-
vidual, the employer shall retain either 
an electronic or paper record of such 
nonconfirmation for the period re-
quired by subsection (b)(4)(A) and in-
form such individual not later than 10 
working days after the issuance of 
such notice in the manner prescribed 
by the Secretary that includes infor-
mation 
regarding 
the 
individual’s 
right to submit information to contest 
the tentative nonconfirmation under 
paragraph (2)(D) and the address and 
telephone numbers established by the 
Commissioner and the Secretary to 
obtain information on how to submit 
such information. 
‘‘(II) NO CONTEST.—If the indi-
vidual does not contest the tentative 
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nonconfirmation 
notice 
within 
working days of receiving notice from 
the individual’s employer, the notice 
shall become final and the employer 
shall retain either an electronic or 
paper record of such final noncon-
firmation for the period required by 
subsection (b)(4)(A). An individual’s 
failure to contest a tentative noncon-
firmation may not be the basis for de-
termining that the employer acted in 
a knowing (as defined in section 
274a.1 of title 8, Code of Federal 
Regulations, or any corresponding 
similar regulation) manner. 
‘‘(III) CONTEST.—If the indi-
vidual contests the tentative noncon-
firmation notice under subclause (I), 
the individual shall submit appro-
priate information to contest such no-
tice to the System within 15 working 
days of receiving notice from the indi-
vidual’s employer and shall utilize the 
verification process developed under 
paragraph (2)(C)(ii). Such individual 
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259 
shall acknowledge receipt of such no-
tice in writing. 
‘‘(IV) EFFECTIVE
PERIOD
OF 
TENTATIVE
NONCONFIRMATION.—A 
tentative nonconfirmation notice shall 
remain in effect until such notice be-
comes final under clause (II) or a 
final confirmation notice or final non-
confirmation notice is issued by the 
System. 
‘‘(V) 
PROHIBITION.—An 
em-
ployer may not terminate the employ-
ment of an individual based on a ten-
tative nonconfirmation notice until 
such notice becomes final under clause 
(II) or a final nonconfirmation notice 
is issued for the individual by the Sys-
tem. Nothing in this clause shall 
apply to termination of employment 
for any reason other than because of 
such a tentative nonconfirmation. 
‘‘(VI) RECORDING
OF
CONCLU-
SION ON FORM.—If a final confirma-
tion or nonconfirmation is provided by 
the System regarding an individual, 
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the employer shall record on the form 
designated by the Secretary the ap-
propriate code that is provided under 
the System to indicate a confirmation 
or nonconfirmation of the identity and 
employment eligibility of the indi-
vidual. 
‘‘(D) CONSEQUENCES
OF
NONCONFIRMA-
TION.—If an employer has received a final non-
confirmation with respect to an individual, the 
employer shall terminate the employment of the 
individual. If the employer continues to employ 
the individual after receiving final nonconfirma-
tion, a rebuttable presumption is created that 
the employer has violated paragraphs (1)(A) 
and (2) of subsection (a). Such presumption 
may not apply to a prosecution under sub-
section (e)(1). 
‘‘(13) PROHIBITION OF UNLAWFUL ACCESSING 
AND OBTAINING OF INFORMATION.— 
‘‘(A) IN GENERAL.—It shall be unlawful 
for any individual other than an employee of 
the Social Security Administration or the De-
partment of Homeland Security specifically 
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261 
charged with maintaining the System to inten-
tionally and knowingly— 
‘‘(i) access the System or the data-
bases utilized to verify identity or employ-
ment eligibility for the System for any pur-
pose other than verifying identity or em-
ployment eligibility or modifying the Sys-
tem pursuant to law or regulation; or 
‘‘(ii) obtain the information con-
cerning an individual stored in the System 
or the databases utilized to verify identity 
or employment eligibility for the System 
for any purpose other than verifying iden-
tity or employment authorization or modi-
fying the System pursuant to law or regu-
lation. 
‘‘(B) PENALTIES.— 
‘‘(i) UNLAWFUL
ACCESS.—Any indi-
vidual who unlawfully accesses the System 
or the databases as described in subpara-
graph (A)(i) shall be fined no more than 
$1,000 per individual or sentenced to no 
more than 6 months imprisonment or both 
per individual whose file was compromised. 
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262 
‘‘(ii) UNLAWFUL
USE.—Any indi-
vidual who unlawfully obtains information 
stored in the System in the database uti-
lized to verify identity or employment eligi-
bility for the System and uses the informa-
tion to commit identity theft for financial 
gain or to evade security or to assist an-
other in gaining financially or evading se-
curity, shall be fined no more than 
$10,000 per individual or sentenced to no 
more than 1 year of imprisonment or both 
per individual whose information was ob-
tained and misappropriated. 
‘‘(14) PROTECTION FROM LIABILITY.—No em-
ployer that participates in the System and complies 
in good faith with the attestation in subsection 
(b)(1) shall be liable under any law for any employ-
ment-related action taken with respect to an indi-
vidual in good faith reliance on information provided 
by the System regarding that individual. 
‘‘(15) LIMITATION ON USE OF THE SYSTEM.— 
Notwithstanding any other provision of law, nothing 
in this subsection shall be construed to permit or 
allow any department, bureau, or other agency of 
the United States to utilize any information, data-
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263 
base, or other records used in the System for any 
purpose other than as provided for under this sub-
section. 
‘‘(16) ACCESS
TO
DATABASE.—No officer or 
employee of any agency or department of the United 
States, other than such an officer or employee who 
is responsible for the verification of employment eli-
gibility or for the evaluation of an employment eligi-
bility verification program at the Social Security Ad-
ministration, the Department of Homeland Security, 
and the Department of Labor, may have access to 
any information, database, or other records utilized 
by the System. 
‘‘(17) MODIFICATION
AUTHORITY.—The Sec-
retary, after notice is submitted to Congress and 
provided to the public in the Federal Register, is au-
thorized to modify the requirements of this sub-
section, including requirements with respect to com-
pletion of forms, method of storage, attestations, 
copying of documents, signatures, methods of trans-
mitting information, and other operational and tech-
nical aspects to improve the efficiency, accuracy, and 
security of the System. 
‘‘(18) ANNUAL STUDY AND REPORT.— 
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264 
‘‘(A) REQUIREMENT
FOR
STUDY.—The 
Comptroller General of the United States shall 
conduct an annual study of the System as de-
scribed in this paragraph. 
‘‘(B) PURPOSE
OF
THE
STUDY.—The 
Comptroller General shall, for each year, under-
take a study to determine whether the System 
meets the following requirements: 
‘‘(i) DEMONSTRATED
ACCURACY
OF 
THE
DATABASES.—New information and 
information changes submitted by an indi-
vidual to the System is updated in all of 
the relevant databases not later than 3 
working days after submission in at least 
99 percent of all cases. 
‘‘(ii) LOW ERROR RATES AND DELAYS 
IN VERIFICATION.— 
‘‘(I) 
INCORRECT
TENTATIVE 
NONCONFIRMATION
NOTICES.—That, 
during a year, not more than 1 per-
cent of all tentative nonconfirmations 
provided through the System during 
such year are incorrect. 
‘‘(II) INCORRECT FINAL NONCON-
FIRMATION NOTICES.—That, during a 
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265 
year, not more than 3 percent of all 
final 
nonconfirmations 
provided 
through the System during such year 
are incorrect. 
‘‘(III) RATES
OF
INCORRECT 
TENTATIVE
NONCONFIRMATION
NO-
TICES.—That, during a year, the 
number of incorrect tentative noncon-
firmations provided through the Sys-
tem for individuals who are not na-
tionals of the United States is not 
more than 300 percent more than the 
number of such incorrect notices pro-
vided for nationals of the United 
States. 
‘‘(IV) 
RATES
OF
INCORRECT 
FINAL NONCONFIRMATION NOTICES.— 
That, during a year, the number of 
incorrect final nonconfirmations pro-
vided through the System for individ-
uals who are not nationals of the 
United States is not more than 300 
percent more than the number of such 
incorrect notices provided for nation-
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als of the United States during such 
year. 
‘‘(iii) MEASURABLE EMPLOYER COM-
PLIANCE WITH SYSTEM REQUIREMENTS.— 
‘‘(I) NO DISCRIMINATION BASED 
ON
SYSTEM
OPERATIONS.—The Sys-
tem has not and will not result in in-
creased discrimination or cause rea-
sonable employers to conclude that in-
dividuals of certain races or ethnicities 
are more likely to have difficulties 
when offered employment caused by 
the operation of the System. 
‘‘(II) REQUIREMENT FOR INDE-
PENDENT STUDY.—The determination 
described in subclause (I) shall be 
based on an independent study com-
missioned by the Comptroller General 
in each phase of expansion of the Sys-
tem. 
‘‘(iv) PROTECTION OF WORKERS’ PRI-
VATE INFORMATION.—At least 97 percent 
of employers who participate in the System 
are in full compliance with the privacy re-
quirements described in this subsection. 
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‘‘(v) ADEQUATE
AGENCY
STAFFING 
AND FUNDING.—The Secretary and Com-
missioner of Social Security have sufficient 
funding to meet all of the deadlines and re-
quirements of this subsection. 
‘‘(C) CONSULTATION.—In conducting a 
study under this paragraph, the Comptroller 
General shall consult with representatives of 
business, labor, immigrant communities, State 
governments, privacy advocates, and appro-
priate departments of the United States. 
‘‘(D) REQUIREMENT FOR REPORTS.—Not 
later than 21 months after the date of the en-
actment of the STRIVE Act of 2007, and an-
nually thereafter, the Comptroller General shall 
submit to the Secretary and to Congress a re-
port containing the findings of the study car-
ried out under this paragraph. 
‘‘(E) CERTIFICATION.—If the Comptroller 
General determines that the System meets the 
requirements set out in clauses (i) through (v) 
of subparagraph (B) for a year, the Comptroller 
shall certify such determination and submit 
such certification to Congress with the report 
required by subparagraph (D). 
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‘‘(19) ADMINISTRATIVE REVIEW.— 
‘‘(A) IN GENERAL.—An individual who is 
terminated from employment as a result of a 
final nonconfirmation may, not later than 60 
days after the date of such termination, file an 
appeal of such final nonconfirmation. 
‘‘(B) PROCEDURES.—The Secretary and 
Commissioner of Social Security shall develop 
procedures to review appeals filed under sub-
paragraph (A) and to make final determina-
tions on such appeals. 
‘‘(C) REVIEW FOR ERRORS.—If a final de-
termination on an appeal filed under subpara-
graph (A) results in a confirmation of an indi-
vidual’s eligibility for employment in the United 
States, the administrative review process shall 
require the Secretary to determine if the final 
nonconfirmation issued for the individual was 
the result of— 
‘‘(i) an error or negligence on the part 
of an employee or official operating or re-
sponsible for the System; 
‘‘(ii) the decision rules, processes, or 
procedures utilized by the System; or 
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‘‘(iii) erroneous system information 
that was not the result of acts or omissions 
of the individual. 
‘‘(D) COMPENSATION FOR ERROR.— 
‘‘(i) IN
GENERAL.—If the Secretary 
makes a determination under subpara-
graph (C) that the final nonconfirmation 
issued for an individual was not caused by 
an act or omission of the individual, the 
Secretary shall compensate the individual 
for lost wages. 
‘‘(ii) 
CALCULATION
OF
LOST 
WAGES.—Lost wages shall be calculated 
based on the wage rate and work schedule 
that prevailed prior to termination. The in-
dividual shall be compensated for wages 
lost beginning on the first scheduled work 
day after employment was terminated and 
ending 180 days after completion of the 
administrative review process described in 
this paragraph or the day after the indi-
vidual is reinstated or obtains employment 
elsewhere, whichever occurs first. 
‘‘(E) LIMITATION
ON
COMPENSATION.— 
For purposes of determining an individual’s 
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compensation for the loss of employment, such 
compensation shall not include any period in 
which the individual was ineligible for employ-
ment in the United States. 
‘‘(F) SOURCE OF FUNDS.—Compensation 
or reimbursement provided under this para-
graph shall not be provided from funds appro-
priated in annual appropriations Acts to the 
Secretary for the Department of Homeland Se-
curity. 
‘‘(20) JUDICIAL REVIEW.— 
‘‘(A) IN
GENERAL.—After the Secretary 
makes a final determination on an appeal filed 
by an individual under paragraph (19), the in-
dividual may obtain judicial review of such de-
termination in a civil action commenced not 
later than 90 days after notice of such decision, 
or such further time as the Secretary may 
allow. 
‘‘(B) REPORT.—Not later than 180 days 
after the date of enactment of the STRIVE Act 
of 2007, the Director of the Federal Judicial 
Center shall submit to Congress a report on ju-
dicial review of an administrative decision on a 
final nonconfirmation. The report shall contain 
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