ment affirming, modifying, or reversing 
such administrative decision, with or with-
out remanding the matter for further pro-
ceedings. 
‘‘(iv) COMPENSATION
FOR
ERROR.— 
In cases in which such judicial review re-
sults in a determination that compensation 
for lost wages is due, such compensation 
shall be computed in accordance with sub-
paragraph (D)(iv). 
‘‘SEC. 404. DESIGN, IMPLEMENTATION, STANDARDS AND 
LIMITATIONS OF EMPLOYMENT ELIGIBILITY 
CONFIRMATION SYSTEM. 
‘‘(a) DESIGN
IN
GENERAL.—Based upon rec-
ommendations from the National Institute of Standards 
and Technology (NIST), the Secretary of Homeland Secu-
rity shall, not later than 180 days after the date of the 
enactment of this Act, develop a system and certify a tech-
nology standard that can be used to verify the employment 
eligibility of all persons applying for employment in the 
United States by a registered employer participating in 
an E-Verify program. 
‘‘(1) INTEGRATED.—The technology standard 
developed shall be the technological basis for a cross- 
agency, cross-platform electronic system that is a 
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cost-effective, efficient, fully integrated means to 
share immigration and Social Security information 
necessary to confirm the employment eligibility of all 
persons seeking employment. The technology shall 
benefit from the identity features utilized in driver’s 
licenses and identity cards issued by States in com-
pliance with title II of the REAL ID Act of 2005 
(49 U.S.C. 30301 note). The technology shall re-
quire the Department of Homeland Security and So-
cial Security Administration to perform real-time 
data entry of employment eligibility information that 
is immediately available for verification purposes. 
The technology shall ascertain when an individual’s 
name and social security number are reported by 
multiple employers at the same time in the Social 
Security Administration’s database before a con-
firmation is issued as to an individual’s eligibility for 
employment. 
‘‘(2) FULLY ELECTRONIC SYSTEM.—The system 
shall contain a mechanism for employers to attest to 
their compliance with section 403(b)(1) through this 
system and to retain an electronic record of such at-
testation without creation of paper records. 
‘‘(3) ACCESSIBLE.—The electronic system de-
scribed in this subsection, once implemented, shall 
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be readily and easily accessible to all participating 
employers via internet and telephone. 
‘‘(4) USE OF TECHNOLOGY.—A registered em-
ployer shall be permitted to utilize any technology, 
including technology that is maintained or operated 
by the private sector, that is consistent with this sec-
tion and any regulation or guidance from the Sec-
retary of Homeland Security to streamline the pro-
cedures for the attestation and verification require-
ments as provided in this section. 
‘‘(5) REPORTS.—Not later than one year after 
the date of the enactment of this Act and annually 
thereafter, the Secretary of Homeland Security and 
Director of NIST shall jointly report to Congress de-
scribing the development, implementation, efficacy, 
necessary funding, and privacy implications of the 
technology standard and electronic database system 
to be developed and implemented in accordance with 
this section. 
‘‘(b) IMPLEMENTATION OF THE SYSTEM.— 
‘‘(1) Based on the standards set forth in sub-
section (a), the Secretary of Homeland Security 
shall establish a reliable, secure method to provide 
through the system, within the time periods required 
by this subsection— 
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‘‘(A) a determination of whether the name 
and identifying information and numbers pro-
vided in an inquiry by an employer is consistent 
with such information maintained by the Com-
missioner of Social Security for nationals of the 
United States and by the Secretary of Home-
land Security for aliens in order to confirm the 
validity of the information provided; and 
‘‘(B) a determination of whether the indi-
vidual is authorized to be employed in the 
United States by the employer submitting such 
inquiry and for what period, which may be un-
limited. 
‘‘(2) The Secretary of Homeland Security shall 
establish a schedule for implementation of the sys-
tem that is designed to assure that the capacity of 
all aspects of the system, including the equipment 
and personnel required to complete reviews of con-
tested initial disapprovals and corrections of erro-
neous records within the time frames required to 
comply with time limits set by section 403(b). 
‘‘(3) The schedule established pursuant to this 
subsection shall assure that all participants in the 
E-Verify system are to be enrolled in the new system 
not later than November 1, 2008. 
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‘‘(4) Prior to implementing the schedule estab-
lished pursuant to this subsection, including each 
phase of expansion of such schedule, the Secretary 
of Homeland Security shall comply with the require-
ments of subsection (c), as determined by the Gov-
ernment Accountability Office (GAO) to achieve the 
standards described in subsection (c). 
‘‘(c) STANDARDS
FOR OPERATION
OF
THE SYS-
TEM.— 
‘‘(1) POLICIES
AND
PROCEDURES.—The Sec-
retary of Homeland Security and the Commissioner 
of Social Security shall establish rules, guidelines, 
policies, and operating and auditing procedures for 
collecting, removing, adding, and updating data 
maintained in the system to ensure the accuracy and 
integrity of the data such that the operation of the 
system shall— 
‘‘(A) incorporate a simple and timely meth-
od for correcting errors regarding immigration 
status, work authorization, or any other rel-
evant data in a timely and effective manner; de-
termine which Government official provided the 
data to ascertain the accuracy of such data; 
and clarify information known to lead to errors 
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regarding immigration status, work authoriza-
tion, or misidentification; 
‘‘(B) include procedures for individuals to 
examine their personal record for errors, seek 
expedited corrections of data contained in the 
system, and appeal decisions concerning data 
contained in the system, strictly limit the agen-
cy personnel authorized to input data into the 
system, and identify classes of prejudicial infor-
mation requiring authorization of supervisory 
personnel before entry into the system; 
‘‘(C) provide 24-hour Internet and tele-
phonic help-desk support to answer questions 
about the technology as well as to resolve ques-
tions about employment status and shall receive 
inquiries from individuals or employers con-
cerning determinations made by the electronic 
employment eligibility verification system, and 
shall identify for an individual, at the time of 
inquiry, the particular data that resulted in a 
determination that the system was unable to 
verify the individual’s identity or eligibility for 
employment; 
‘‘(D) incorporate a clearinghouse bureau to 
centralize and streamline the process through 
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which members of the public can seek to correct 
erroneous or inaccurate information contained 
in the system that is related to immigration 
status or otherwise impedes the issuance of a 
Social Security number operated under specific 
time schedules for reviewing data correction re-
quests, rendering decisions on such requests, 
and implementing appropriate correcting action 
in a timely manner; and 
‘‘(E) make available or provide to employ-
ers, upon request, not later than 60 days prior 
to the time such employers are required to en-
roll in the system, appropriate training mate-
rials to facilitate compliance with section 
274A(b). 
‘‘(2) DATA MAINTENANCE PROCEDURES.—The 
Secretary of Homeland Security and the Commis-
sioner of Social Security shall establish rules, guide-
lines, policies, and operating and auditing proce-
dures for collecting, removing, updating, and adding 
data to the system to ensure the accuracy and integ-
rity of the data and to limit access to the data to 
authorized personnel. 
‘‘(3) INFORMATION TO EMPLOYEE.—The Sec-
retary of Homeland Security shall develop a written 
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form for employers to provide to individuals who re-
ceive an initial or final disapproval notice. Such form 
shall be made available in a language other than 
English, as necessary and reasonable, and shall in-
clude— 
‘‘(A) information about the reason for such 
notice; 
‘‘(B) the right to contest such notice; and 
‘‘(C) contact information for the appro-
priate agency and instructions for initiating 
such contest. 
‘‘(4) PUBLIC
EDUCATION.—The Secretary of 
Homeland Security shall develop a public education 
campaign regarding the obligations imposed on em-
ployees and employers by this Act, as well as tuto-
rials without cost to the public regarding how to use 
the newly developed verification system. The public 
education campaign shall be implemented no later 
than 12 months after the enactment of this Act. 
‘‘(5) TRAINING
AND
OUTREACH.—Not later 
than 12 months after the date of the enactment of 
this Act, the Secretary of Homeland Security shall 
develop and implement training on the rules, guide-
lines, policies, and procedures established for all per-
sonnel authorized to access information maintained 
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in the system. The Secretary of Homeland Security 
shall also conduct informational seminars to partici-
pating employers and employees regarding the oper-
ation and benefits of using the verification system 
described in this section. 
‘‘(6) ENUMERATION.—The Secretary of Home-
land Security, in consultation with the Secretary of 
State and the Commissioner of Social Security, shall 
establish such rules, guidelines, policies, and oper-
ating and auditing procedures for collecting, updat-
ing, and adding information to the system to ensure 
the issuance of social security numbers to all non- 
citizens authorized to work in the United States not 
later than 10 days after lawful admission to the 
United States or approval of a change of non-
immigrant status by the Secretary of Homeland Se-
curity. 
‘‘(7) RESPONSIBILITIES OF THE COMMISSIONER 
OF SOCIAL SECURITY.—The Commissioner of Social 
Security shall carry out the responsibilities set forth 
in section 205(c)(2) of the Social Security Act (42 
U.S.C. 405(c)(2)) in such a manner as to support 
the operation of the verification systems established 
in accordance with this section. 
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‘‘(8) ANNUAL REPORT AND CERTIFICATION.— 
Not later than January 1, 2009, and annually there-
after, the Secretary of Homeland Security shall sub-
mit to Congress a report that includes a certified de-
termination of the percentage of inquiries that result 
in a final approval or disapproval notice, within the 
period described in section 403(b)(1)(C), that are 
not overturned in a subsequent contest of a dis-
approval, and if that percentage is less than 99 per-
cent of the cases, the steps being taken to bring the 
percentage to 99 percent or higher within 90 days. 
‘‘(d) LIMITATION
ON COLLECTION
AND USE
OF 
DATA.— 
‘‘(1) LIMITATION ON COLLECTION OF DATA.— 
‘‘(A) IN GENERAL.—The system shall col-
lect and maintain only the minimum data nec-
essary to facilitate the successful operation of 
the system, and in no case shall the data be 
other than— 
‘‘(i) information necessary to enroll 
employers under section 402(a); 
‘‘(ii) information necessary to estab-
lish and enforce compliance under section 
403; 
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