244 
during use, transmission, storage, or disposal of 
that 
information, 
including 
the 
use 
of 
encryption, carrying out periodic testing of the 
System to detect, prevent, and respond to 
vulnerabilities or other failures, and utilizing 
periodic security updates; 
‘‘(G) to allow for monitoring of the use of 
the System and provide an audit capability; 
‘‘(H) to have reasonable safeguards, devel-
oped in consultation with the Attorney General, 
to prevent employers from engaging in unlawful 
discriminatory practices; 
‘‘(I) to permit an employer to submit the 
attestations required by subsection (b); and 
‘‘(J) to permit an employer to utilize any 
technology that is consistent with this section 
and with any regulation or guidance from the 
Secretary to streamline the procedures to com-
ply with the attestation and employment eligi-
bility verification requirements contained in this 
section. 
‘‘(5) 
LIMITATION
ON
DATA
ELEMENTS 
STORED.—The System and any databases created by 
the Commissioner of Social Security or the Secretary 
for use in the System shall store only the minimum 
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245 
data about each individual for whom an inquiry was 
made through the System to facilitate the successful 
operation of the System, and in no case shall the 
data stored be other than— 
‘‘(A) the individual’s full legal name; 
‘‘(B) the individual’s date of birth; 
‘‘(C) the individual’s social security ac-
count number or employment authorization sta-
tus identification number; 
‘‘(D) the address of the employer making 
the inquiry and the dates of any prior inquiries 
concerning the identity and authorization of the 
individual by the employer or any other em-
ployer and the address of such employer; 
‘‘(E) a record of each prior determination 
regarding the individual’s identity and employ-
ment eligibility issued through the System; and 
‘‘(F) in the case of the individual who suc-
cessfully contested or appealed a tentative non-
confirmation or final nonconfirmation, explana-
tory information concerning the successful reso-
lution of any erroneous data or confusion re-
garding the identity or eligibility for employ-
ment of the individual, including the source of 
that error. 
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246 
‘‘(6) RESPONSIBILITIES OF THE COMMISSIONER 
OF SOCIAL SECURITY.—The Commissioner of Social 
Security shall establish a reliable, secure method to 
provide through the System, within the time periods 
required by subparagraphs (B) and (C) of para-
graph (2)— 
‘‘(A) a determination of whether the name 
and social security account number provided, 
with respect to an individual, in an inquiry by 
an employer, match such information main-
tained by the Commissioner in order to confirm 
the validity of the information provided; 
‘‘(B) a determination of whether such so-
cial security account number was issued to the 
individual; 
‘‘(C) a determination of whether such so-
cial security account number is valid for em-
ployment in the United States; and 
‘‘(D) a determination described in subpara-
graph (B) or (C) of paragraph (2), in a manner 
that ensures that other information maintained 
by the Commissioner is not disclosed or re-
leased to employers through the System. 
‘‘(7) RESPONSIBILITIES OF THE SECRETARY.— 
The Secretary shall establish a reliable, secure meth-
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ccoleman on PROD1PC60 with BILLS
247 
od to provide, through the System, within the time 
periods required by subparagraphs (B) and (C) of 
paragraph (2)— 
‘‘(A) a determination of whether the name 
and alien identification or authorization number 
provided, with respect to an individual, in an in-
quiry by an employer match such information 
maintained by the Secretary in order to confirm 
the validity of the information provided; 
‘‘(B) a determination of whether such 
number was issued to the individual; 
‘‘(C) a determination of whether the indi-
vidual is authorized to be employed in the 
United States; and 
‘‘(D) any other related information that 
the Secretary determines is appropriate. 
‘‘(8) 
PRIVACY
IMPACT
ASSESSMENT.—The 
Commissioner of Social Security and the Secretary 
shall each complete a privacy impact assessment as 
described in section 208 of the E-Government Act of 
2002 (Public Law 107–347; 44 U.S.C. 3501 note) 
with regard to the System. 
‘‘(9) TRAINING.—The Commissioner of Social 
Security and the Secretary shall provide appropriate 
training materials to employers participating in the 
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248 
System to ensure that such employers are able to 
utilize the System in compliance with the require-
ments of this section. 
‘‘(10) HOTLINE.—The Secretary shall establish 
a fully staffed 24-hour hotline that shall receive in-
quiries from individuals or employers concerning de-
terminations made by the System and shall identify 
for an individual, at the time of inquiry, the par-
ticular data that resulted in a determination that the 
System was unable to verify the individual’s identity 
or eligibility for employment. 
‘‘(11) PARTICIPATION.— 
‘‘(A) 
REQUIREMENTS
FOR
PARTICIPA-
TION.—Except as provided in subparagraphs 
(D) and (E), the Secretary shall require em-
ployers to participate in the System as follows: 
‘‘(i) CRITICAL EMPLOYERS.—Not later 
than 1 year after the date of enactment of 
the STRIVE Act of 2007, the Secretary 
shall require all agencies and departments 
of the United States (including the Armed 
Forces), a State government (including a 
State employment agency before making a 
referral), or any other employer if it em-
ploys individuals working in a location that 
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249 
is a Federal, State, or local government 
building, a military base, a nuclear energy 
site, a weapon site, or an airport, but only 
to the extent of such individuals, to partici-
pate in the System, with respect to all indi-
viduals hired after the date the Secretary 
requires such participation. 
‘‘(ii) LARGE EMPLOYERS.—Not later 
than 2 years after the date of enactment 
of the STRIVE Act of 2007 the Secretary 
shall require an employer with 5,000 or 
more employees in the United States to 
participate in the System, with respect to 
all employees hired by the employer after 
the date the Secretary requires such par-
ticipation. 
‘‘(iii) MID-SIZED
EMPLOYERS.—Not 
later than 3 years after the date of enact-
ment of the STRIVE Act of 2007 the Sec-
retary shall require an employer with less 
than 5,000 employees and 1,000 or more 
employees in the United States to partici-
pate in the System, with respect to all em-
ployees hired by the employer after the 
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ccoleman on PROD1PC60 with BILLS
250 
date the Secretary requires such participa-
tion. 
‘‘(iv) SMALL EMPLOYERS.—Not later 
than 4 years after the date of the enact-
ment of the STRIVE Act of 2007, the Sec-
retary shall require all employers with less 
than 1,000 employees in the United States 
to participate in the System, with respect 
to all employees hired by the employer 
after the date the Secretary requires such 
participation. 
‘‘(B) REQUIREMENT
TO
PUBLISH.—The 
Secretary shall publish in the Federal Register 
the requirements for participation in the Sys-
tem for employers described in clauses (i) 
through (iv) of subparagraph (A) prior to the 
effective date of such requirements. 
‘‘(C) OTHER PARTICIPATION IN SYSTEM.— 
‘‘(i) VOLUNTARY
PARTICIPATION.— 
Notwithstanding subparagraph (A), the 
Secretary has the authority to permit any 
employer that is not required to participate 
in the System under subparagraph (A) to 
participate in the System on a voluntary 
basis. 
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ccoleman on PROD1PC60 with BILLS
251 
‘‘(ii) EMPLOYERS NOT REQUIRED TO 
PARTICIPATE.—Notwithstanding subpara-
graph (A) employers are not required to 
verify the identify or employment eligibility 
through the System for— 
‘‘(I) an individual performing 
casual employment for the employer 
and who provides domestic service in 
a private home that is sporadic, irreg-
ular, or intermittent; 
‘‘(II) a worker provided to the 
employer by a person providing con-
tract services, such as a temporary 
agency; or 
‘‘(III) an independent contractor, 
performing services for the employer. 
‘‘(iii) RELATIONSHIP TO OTHER RE-
QUIREMENTS.—Nothing in clause (ii) may 
be construed to effect the requirements for 
the contracting party who employs a work-
er referred to in subclause (II) of such 
clause or an employer of an independent 
contractor referred to in subclause (III) of 
such clause to participate in the System 
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ccoleman on PROD1PC60 with BILLS
252 
with respect to such worker or independent 
contractor under this subsection. 
‘‘(D) WAIVER.— 
‘‘(i) AUTHORITY TO PROVIDE A WAIV-
ER.—The Secretary is authorized to waive 
or delay the participation requirements of 
subparagraph (A) with respect to any em-
ployer or class of employers if the Sec-
retary provides notice to Congress of such 
waiver prior to the date such waiver is 
granted. 
‘‘(ii) REQUIREMENT
TO
PROVIDE
A 
WAIVER.—The Secretary shall waive or 
delay the participation requirements of 
subparagraph (A) with respect to any em-
ployer or class of employers until the date 
that the Comptroller General of the United 
States submits the initial certification de-
scribed in paragraph (17)(E) and shall 
waive or delay such participation during a 
year if the Comptroller General fails to 
submit a certification of paragraph (17)(E) 
for such year. 
‘‘(E) CONSEQUENCE OF FAILURE TO PAR-
TICIPATE.—If an employer is required to par-
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ccoleman on PROD1PC60 with BILLS
253 
ticipate in the System and fails to comply with 
the requirements of the System with respect to 
an individual— 
‘‘(i) such failure shall be treated as a 
violation of subsection (a)(1)(B); and 
‘‘(ii) a rebuttable presumption is cre-
ated that the employer has violated sub-
section (a)(1)(A), however, such presump-
tion may not apply to a prosecution under 
subsection (e)(1). 
‘‘(12) EMPLOYER REQUIREMENTS.— 
‘‘(A) IN GENERAL.—An employer that par-
ticipates in the System, with respect to the hir-
ing of an individual for employment in the 
United States, shall— 
‘‘(i) notify the individual of the use of 
the System and that the System may be 
used for immigration enforcement pur-
poses; 
‘‘(ii) obtain from the individual the 
documents required by subsection (b)(1) 
and record on the form designated by the 
Secretary— 
‘‘(I) the individual’s social secu-
rity account number; and 
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ccoleman on PROD1PC60 with BILLS
254 
‘‘(II) in the case of an individual 
who does not attest that the indi-
vidual is a national of the United 
States under subsection (b)(2), such 
identification or authorization number 
that the Secretary shall require; 
‘‘(iii) retain such form in electronic, 
paper, microfilm, or microfiche form and 
make such form available for inspection for 
the periods and in the manner described in 
subsection (b)(3); and 
‘‘(iv) safeguard any information col-
lected for purposes of the System and pro-
tect any means of access to such informa-
tion to ensure that such information is not 
used for any purpose other than to deter-
mine the identity and employment eligi-
bility of the individual and to protect the 
confidentiality of such information, includ-
ing ensuring that such information is not 
provided to any person other than a person 
that carries out the employer’s responsibil-
ities under this subsection. 
‘‘(B) SCHEDULE.— 
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255 
‘‘(i) REPLACEMENT DOCUMENTS.—An 
employer shall accept a receipt for the ap-
plication for a replacement document or a 
document described in subparagraph (B) 
of subsection (b)(1) in lieu of the required 
document in order to comply with any re-
quirement to examine documentation im-
posed by this section, in the following cir-
cumstances: 
‘‘(I) The individual is unable to 
provide the required document within 
the time specified in this section be-
cause the document was lost, stolen, 
or damaged. 
‘‘(II) The individual presents a 
receipt for the application for the doc-
ument within the time specified in 
this section. 
‘‘(III) The individual presents 
the document within 90 days of the 
hire. If the actual document or re-
placement document is to be issued by 
the United States Citizenship and Im-
migration Services and the application 
is still under review 60 days after re-
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256 
ceipt of the application, United States 
Citizenship and Immigration Services 
shall, not later than the 60th day 
after receipt of the application, issue a 
letter for the applicant to take to the 
employer which shall automatically 
grant the individual an additional 90 
days from the original deadline in 
subsection (b)(6)(A)(i)(II) to present 
the document or replacement docu-
ment; and 
‘‘(ii) PROHIBITION
ON
ACCEPTANCE 
OF A RECEIPT FOR SHORT-TERM EMPLOY-
MENT.—An employer may not accept a re-
ceipt in lieu of the required document if 
the individual is hired for a duration of 
less than 10 working days. 
‘‘(C) CONFIRMATION
OR
NONCONFIRMA-
TION.— 
‘‘(i) RETENTION.—If an employer re-
ceives a determination through the System 
under paragraph (3) for an individual, the 
employer shall retain either an electronic, 
paper, or microfiche form record of such 
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