Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘New Employee 
Verification Act of 2008’’. 
TITLE I—ELECTRONIC 
EMPLOYMENT VERIFICATION 
SEC. 101. AMENDMENTS TO IMMIGRATION LAWS TO IM-
PROVE 
EMPLOYMENT 
AUTHORIZATION 
VERIFICATION. 
(a) IN GENERAL.— 
(1) CHANGE
IN
EMPLOYMENT
ELIGIBILITY 
VERIFICATION PROCESS.—Section 274A of the Im-
migration and Nationality Act (8 U.S.C. 1324a) is 
amended— 
(A) in subsection (a)(1)(B)— 
(i) in clause (i), by striking ‘‘sub-
section (b)’’ and inserting ‘‘(b), (c), or 
(d)’’; and 
(ii) in clause (ii), by striking ‘‘sub-
section (b).’’ and inserting ‘‘subsection (b), 
(c), or (d).’’; and 
(B) in subsection (b), in the matter pre-
ceding paragraph (1), by striking ‘‘United 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
States,’’ and inserting ‘‘United States who is 
subject to compliance with this subsection,’’. 
(2) VERIFICATION VIA EEVS AND SEEVS SYS-
TEMS.—Subsections (c) and (d) of section 274A of 
the Immigration and Nationality Act (8 U.S.C. 
1324a) are amended to read as follows: 
‘‘(c) ELECTRONIC EMPLOYMENT VERIFICATION SYS-
TEM.— 
‘‘(1) ENROLLMENT.— 
‘‘(A) IN GENERAL.—Every person or other 
entity subject to subsection (a)(1)(B), and that 
is not in compliance with such subsection by 
reason of compliance with subsection (d), shall 
participate in the Electronic Employment 
Verification System established under section 
235(a) of the Social Security Act (the ‘EEVS’) 
on a schedule established in accordance with 
section 235(a)(4) of the Social Security Act 
with respect to all hiring, recruitment, and re-
ferral described in subsection (a)(1)(B) occur-
ring after the earlier of the date on which the 
entity— 
‘‘(i) is required to register under this 
paragraph; or 
‘‘(ii) voluntarily registers. 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(B) VOLUNTARY
PARTICIPATION.—The 
Secretary of Homeland Security, in consultation 
with the Commissioner of Social Security, may 
permit any person or other entity subject to 
subsection (a)(1)(B), and that is not yet re-
quired to participate in the EEVS under section 
235(a)(4) of the Social Security Act to partici-
pate in the EEVS on a voluntary basis. 
‘‘(C) EXPEDITED
PARTICIPATION.—The 
Secretary of Homeland Security, on a case-by- 
case or classwide basis, may require any person 
or other entity subject to subsection (a)(1)(B), 
and that is not yet required to participate in 
the EEVS under section 235(a)(4) of the Social 
Security Act, to participate in the EEVS (or, 
alternatively, the Secure Employment Eligibility 
Verification System established under section 
235(b) of the Social Security Act (the 
‘SEEVS’) on an expedited basis if the Sec-
retary designates such person or entity as— 
‘‘(i) employing individuals having ac-
cess to locations or information that have 
a direct impact on the security of the 
United States; or 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(ii) having engaged in material viola-
tions of this section. 
‘‘(D) REQUIREMENT
TO
NOTIFY.—The 
Secretary of Homeland Security shall notify 
persons or entities required to register not less 
than 60 days prior to the effective date of such 
requirement through publication in the Federal 
Register regarding the requirement for partici-
pation in the EEVS under subparagraphs (A) 
and (C)(i) and by mail regarding the require-
ment for participation in the EEVS under sub-
paragraph (C)(ii). Such notice shall include the 
training 
materials 
described 
in 
section 
235(a)(5) of the Social Security Act. 
‘‘(E) REGISTRATION.—A person or other 
entity shall register to participate in the EEVS 
or the SEEVS in the manner prescribed by the 
Commissioner of Social Security prior to the 
date the person or entity is required or per-
mitted to submit information with respect to an 
individual under this subsection. 
‘‘(F) CONSEQUENCE OF FAILURE TO PAR-
TICIPATE.—If a person or other entity is re-
quired or has elected to participate in the 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
EEVS or the SEEVS and fails to comply with 
the requirements thereof, such failure— 
‘‘(i) shall be treated as a violation of 
subsection (a)(1)(B) punishable under sub-
section (e)(5); and 
‘‘(ii) shall create a rebuttable pre-
sumption that the person or other entity 
has violated subsection (a)(1)(A), except 
that such presumption shall not apply to a 
prosecution under subsection (f)(1). 
‘‘(G) PROTECTION FROM LIABILITY.—No 
person or other entity that participates in the 
EEVS or the SEEVS shall be liable under any 
law for any employment-related action taken 
with respect to an individual in reliance on in-
formation provided by the EEVS or the SEEVS 
(as applicable) in connection with such partici-
pation, if such action is taken in accordance 
with the requirements of this subsection, section 
235 of the Social Security Act, and applicable 
regulations prescribed thereunder. 
‘‘(H) 
EXCLUSIVE
MEANS
OF 
VERIFICATION.—If a person or other entity is 
required or has elected to participate in the 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
EEVS, subsections (b) and (d) shall not apply 
to the person or other entity. 
‘‘(2) OBTAINING DOCUMENTS FOR EEVS.— 
‘‘(A) INFORMATION REQUIRED.—A person 
or other entity registered to participate in the 
EEVS shall, with respect to the hiring, or re-
cruiting or referring for a fee, any individual 
for employment in the United States, obtain 
from the individual— 
‘‘(i) the individual’s name and date of 
birth; 
‘‘(ii) the individual’s social security 
account number; and 
‘‘(iii) in the case of an individual who 
does not claim to be a national of the 
United States, such alien identification or 
authorization number as the Secretary 
shall require. 
‘‘(B) DOCUMENTS REQUIRED.—The person 
or entity shall require that the individual 
produce one of the following documents con-
sistent with the status claimed by the individual 
and bearing identifying information consistent 
with that obtained from the individual: 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
establish identity or is being used fraudulently 
to an unacceptable degree, the Secretary shall 
prohibit, or impose conditions, on the use of 
such documents or class of documents for pur-
poses of this subsection. The Secretary shall 
publish notice of any findings under this clause 
in the Federal Register. 
‘‘(3) ATTESTATION.—A person or other entity 
registered to participate in the EEVS shall attest, 
under penalty of perjury using an electronic signa-
ture or code approved by the Commissioner of Social 
Security through an internet or telephonic connec-
tion prescribed by the Commissioner, that registrant 
has obtained the information required by paragraph 
(2)(A) and examined a consistent document required 
by paragraph (2)(B). 
‘‘(4) CONSEQUENCES OF CERTAIN EEVS DETER-
MINATIONS.— 
‘‘(A) NO
CONTEST
OF
INITIAL
DIS-
APPROVAL.—If an individual does not contest 
the initial disapproval notice described in sec-
tion 235(a)(3)(C)(ii) of the Social Security Act 
by the end of the 10-day period beginning on 
the date on which the notice is received from 
the employer, the disapproval shall become 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
final, and the employer shall, within 3 business 
days after the end of such 10-day period, termi-
nate the employment, recruitment, or referral of 
the individual by the employer. 
‘‘(B) PERMISSIBLE DISMISSAL.— 
‘‘(i) IN GENERAL.—An employer may 
dismiss an employee if the employee fails 
to obtain approval of employment eligibility 
by the end of the 20-day period beginning 
on the date on which an initial disapproval 
notice described in section 235(a)(3)(C)(ii) 
of the Social Security Act is received by 
the employee. In the case of any such fail-
ure to obtain approval, any continued em-
ployment of the employee by such employer 
shall be carried out under a consistent pol-
icy that treats similarly situated employees 
in the same manner. 
‘‘(ii) 
EXCEPTION
FOR
RE- 
VERIFICATION.—This subparagraph shall 
not apply to initial disapprovals received 
from the system in the course of re- 
verification 
pursuant 
to 
subsection 
(a)(3)(C). 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(iii) 
EXCEPTION
FOR
INQUIRIES 
PENDING
BEFORE
GOVERNMENT
AGEN-
CY.—Nothing in this subparagraph shall 
be interpreted as requiring an employer to 
dismiss an employee while the inquiry re-
garding the employee’s eligibility for em-
ployment in the United States is pending 
with a governmental agency. 
‘‘(iv) PROTECTION OF OTHER CAUSES 
FOR TERMINATION.—Nothing in this sub-
paragraph shall affect the right of an em-
ployer to terminate the employment of an 
employee for any reason other than any 
such failure to obtain approval of employ-
ment eligibility. 
‘‘(C) DISAPPROVAL.—In any case in which 
a disapproval notice described in section 
235(a)(3)(C)(v) of the Social Security Act is 
issued, the employer shall, within 3 business 
days after receipt of such notice, terminate the 
employment, recruitment, or referral of the in-
dividual who is the subject of the notice. 
‘‘(D) PRESUMPTION OF VIOLATION.—If a 
person or other entity registered to participate 
in the EEVS continues, in violation of this 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
paragraph to employ, recruit, or refer an indi-
vidual, a rebuttable presumption is created that 
the registrant has violated subsections (a)(1)(A) 
and (a)(2) of this section, except that such pre-
sumption shall not apply to a prosecution under 
subsection (f)(1) of this section. 
‘‘(d) 
SECURE
EMPLOYMENT
ELIGIBILITY 
VERIFICATION SYSTEM.— 
‘‘(1) IN
GENERAL.—Beginning with the first 
day of operation of the SEEVS a person or other 
entity subject to subsection (a)(1)(B) of this section 
may elect to comply with such subsection by partici-
pating in the SEEVS. Such participation shall be in 
lieu of participation in the EEVS established under 
section 235(a) of the Social Security Act. Such par-
ticipation shall be subject to the requirements of sec-
tion 235(b) of such Act and the regulations issued 
under such section. 
‘‘(2) REQUIREMENT
TO
NOTIFY.—The Sec-
retary of Homeland Security shall notify persons or 
entities subject to subsection (a)(1)(B) about the op-
portunity to participate in the SEEVS not less than 
60 days prior to the first day of operation of the 
system. 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(3) PRESUMPTION.—Participation in SEEVS 
by an employer that follows the required procedures 
of the system shall create a presumption that the 
employer has not violated the requirements of this 
Act with respect to its hiring decisions, which pre-
sumption shall only be overcome by clear and con-
vincing evidence of willful noncompliance resulting in 
the hiring of an unauthorized employee. 
‘‘(4) EXCLUSIVE MEANS OF VERIFICATION.—If 
a person or other entity is required or has elected 
to participate in the SEEVS, subsections (b) and (c) 
shall not apply to the person or other entity. 
‘‘(5) COMPLIANCE WITH EEVS REQUIREMENTS 
UPON TERMINATION OF ELECTION.—If a person or 
other entity terminates its election to participate in 
the SEEVS, the person or entity shall be subject to 
compliance with subsection (c) with respect to all 
employment actions beginning on the date of such 
termination.’’. 
(b) ENHANCEMENT
OF
FEDERAL
PREEMPTION 
STANDARDS.—Section 274A(h)(2) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(h)(2)) is amended to 
read as follows: 
‘‘(2) PREEMPTION; NO NATIONAL IDENTIFICA-
TION CARD.— 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00014
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(A) PREEMPTION.—The provisions of this 
section preempt any provision of any law of any 
State or political subdivision thereof or any con-
tract entered into by any State or political sub-
division thereof which— 
‘‘(i) imposes civil or criminal sanctions 
upon employers for actions governed by the 
Act; 
‘‘(ii) requires, authorizes or permits a 
system of verification of the immigration 
status of employees or employment appli-
cants; 
‘‘(iii) requires, authorizes, or permits 
the use of a federally mandated employ-
ment verification system for any other pur-
pose other than that required by Federal 
law, including verifying status of renters, 
determining eligibility for receipt of bene-
fits, enrollment in school, obtaining or re-
taining a business or other license provided 
by the unit of government, or conducting a 
background check; or 
‘‘(iv) requires or prohibits the use of 
an 
immigration 
status 
employment 
verification system for any purpose, except 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00015
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
as required by Federal law, including with-
out limitation, such purposes as— 
‘‘(I) a condition of receiving a 
government contract; 
‘‘(II) a condition of receiving a 
business license; or 
‘‘(III) the basis of assessing a 
penalty. 
‘‘(B) NO
AUTHORIZATION
OF
NATIONAL 
IDENTIFICATION
CARD.—Nothing in this sec-
tion shall be construed to authorize, directly or 
indirectly, the issuance or use of national iden-
tification cards or the establishment of a na-
tional identification card.’’. 
(c) CONFORMING AMENDMENTS.— 
(1) REPEAL OF PILOT PROGRAMS FOR EMPLOY-
MENT ELIGIBILITY CONFIRMATION.—Subtitle A of 
title IV of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (division C of 
Public Law 104–208; 8 U.S.C. 1324a note) is re-
pealed. 
(2) CONSTRUCTION.—Nothing in this sub-
section or in section 274A of the Immigration and 
Nationality Act (8 U.S.C. 1324a), as amended by 
this section, may be construed to limit the authority 
VerDate Aug 31 2005 
01:30 Mar 01, 2008
Jkt 069200
PO 00000
Frm 00016
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
of the Secretary of Homeland Security to allow or 
continue to allow the participation of employers who 
participated in a pilot program under subtitle A of 
title IV of the Illegal Immigration Reform and Im-
migrant Responsibility Act of 1996 (division C of 
Public Law 104–208; 8 U.S.C. 1324a note) to par-
ticipate in the Electronic Employment Verification 
System established under subsection (a) of section 
235 of the Social Security Act or the Secure Em-
ployment Eligibility Verification System established 
under subsection (b) of such section. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall take effect on the date of the enactment 
of this Act, except that subsection (c)(1) shall not take 
effect until employers who participated in a pilot program 
under subtitle A of title IV of the Illegal Immigration Re-
form and Immigrant Responsibility Act of 1996 (division 
C of Public Law 104–208; 8 U.S.C. 1324a note) are able 
to participate in the Electronic Employment Verification 
System established under subsection (a) of section 235 of 
the Social Security Act or the Secure Employment Eligi-
bility Verification System established under subsection (b) 
of such section. 
(e) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Secretary of 
VerDate Aug 31 2005 
01:30 Mar 01, 2008
Jkt 069200
PO 00000
Frm 00017
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
Homeland Security such sums as may be necessary to 
carry out the amendments made by this section. 
SEC. 102. AMENDMENTS TO SOCIAL SECURITY ACT TO IM-
PROVE 
EMPLOYMENT 
AUTHORIZATION 
VERIFICATION. 
(a) AMENDMENT TO TITLE II.— 
(1) IN GENERAL.—Title II of the Social Secu-
rity Act (42 U.S.C. 401 et seq.) is amended by add-
ing at the end the following new section: 
‘‘ELECTRONIC EMPLOYMENT VERIFICATION 
‘‘SEC. 
235. 
(a) 
ELECTRONIC
EMPLOYMENT 
VERIFICATION SYSTEM.— 
‘‘(1) IN GENERAL.—The Commissioner of So-
cial Security, in cooperation and consultation with 
the Secretary of Health and Human Services, Sec-
retary of Homeland Security, the States, and the 
Advisory Panel created in subsection (c) of this sec-
tion, shall establish an Electronic Employment 
Verification System (the ‘EEVS’) utilizing informa-
tion in the National Directory of New Hires (estab-
lished pursuant to section 453(i)). The EEVS 
shall— 
‘‘(A) be accessible over the Internet and a 
toll-free telephone line maintained by the Com-
missioner; and 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00018
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(B) have the capacity to determine 
whether— 
‘‘(i) identifying information with re-
spect to an individual, submitted by the 
subject employer, is consistent with the in-
formation maintained by the Commissioner 
(with respect to both citizens and nationals 
of the United States) and by the Secretary 
of Homeland Security (solely with respect 
to aliens); and 
‘‘(ii) the individual is a citizen or na-
tional or is not an unauthorized alien (as 
defined in section 274A(h)(3) of the Immi-
gration and Nationality Act (8 U.S.C. 
1324a(h)(3))) with respect to the employ-
ment. 
‘‘(2) SUBJECT
EMPLOYER.—For purposes of 
this section, the term ‘subject employer’ means, in 
connection with any individual, an employer (within 
the meaning of section 453A(a)(2)(B)(i)) of such in-
dividual and includes any person who recruits or re-
fers for employment such individual for a fee. 
‘‘(3) VERIFICATION OF EMPLOYMENT AUTHOR-
IZATION.— 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00019
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(A) IN
GENERAL.—The Commissioner 
shall, through the EEVS— 
‘‘(i) respond to each inquiry regarding 
an individual’s identifying information and 
eligibility for employment in the United 
States for the subject employer, as re-
corded in the information maintained by 
the Commissioner or the Secretary of 
Homeland Security as appropriate, and in-
clude in the response the time period 
(which may be unlimited) for which the in-
dividual is authorized to be employed in 
the United States by such employer, as so 
recorded; and 
‘‘(ii) maintain a record of each such 
inquiry and the information provided in re-
sponse to such inquiry. 
‘‘(B) SUBMISSION TO SYSTEM.— 
‘‘(i) IN
GENERAL.—A subject em-
ployer shall submit an inquiry through the 
EEVS to seek confirmation of an individ-
ual’s identifying information and eligibility 
for employment in the United States— 
‘‘(I) in the case of hiring subject 
to clause (i) of section 274A(a)(1)(B) 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00020
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
of the Immigration and Nationality 
Act (8 U.S.C. 1324a(a)(1)(B)), dur-
ing 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; and 
‘‘(II) in the case of recruitment 
or referral for a fee subject to clause 
(ii) of such section, not later than the 
first day of such recruitment or refer-
ral. 
‘‘(ii) REQUIRED INFORMATION.—Such 
inquiry shall include— 
‘‘(I) the individual’s name and 
date of birth; 
‘‘(II) the individual’s social secu-
rity account number; 
‘‘(III) in the case of an individual 
who does not claim to be a national of 
the United States, such alien identi-
fication or authorization number as 
the Secretary shall require. 
‘‘(C) EEVS SCREENING OF EMPLOYMENT 
ELIGIBILITY.— 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00021
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(i) IN GENERAL.—As soon as pos-
sible, but not later than 3 days after a 
subject employer submits an inquiry to the 
EEVS regarding an individual, the EEVS 
shall provide to the subject employer, 
through the EEVS, approval or initial dis-
approval of the employment of the indi-
vidual in the United States. 
‘‘(ii) INITIAL
DISAPPROVAL.—If a 
subject employer receives an initial dis-
approval from the system for an individual, 
the subject employer shall notify such indi-
vidual of the issuance of such disapproval 
in writing, on the form described in para-
graph (5)(E), not later than 3 days after 
receiving such notice. Such individual shall 
acknowledge receipt of such notice in writ-
ing on a form prescribed by the Commis-
sioner. The Commissioner shall provide the 
individual an opportunity to contest the 
initial disapproval, and the notification of 
the individual by the subject employer shall 
include a description of the individual’s 
right to contest such disapproval. 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00022
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(v) 
DISAPPROVAL.—The 
Commis-
sioner, in consultation with the Secretary 
of Homeland Security, shall ensure prompt 
resolution of the individual’s contest of the 
initial disapproval and issue either an ap-
proval or disapproval notice to the subject 
employer through the EEVS. 
‘‘(D) ADMINISTRATIVE
REVIEW
OF
DIS-
APPROVALS.— 
‘‘(i) IN GENERAL.—An individual who 
is terminated from employment pursuant 
to subparagraph (B) or (C) of section 
274A(c)(4) of the Immigration and Na-
tionality Act may, not later than 30 days 
after the date of such termination, file an 
appeal of the disapproval notice resulting 
in such termination. 
‘‘(ii) 
PROCEDURES.—The 
Commis-
sioner and the Secretary of Homeland Se-
curity shall jointly develop procedures to 
review appeals filed under clause (i) and— 
‘‘(I) with respect to disapprovals 
based on information maintained by 
the Commissioner, the appeal shall be 
filed with the Commissioner and the 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00024
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
Commissioner shall make the final de-
terminations; and 
‘‘(II) with respect to disapprovals 
based on information maintained by 
the Secretary of Homeland Security, 
the appeal shall be filed with the Sec-
retary of Homeland Security and the 
Secretary shall make the final deter-
minations on such appeals and pro-
vide certification of such final deter-
minations to the Commissioner. 
‘‘(iii) REVIEW
FOR
ERRORS.—If a 
final determination on an appeal filed 
under clause (i) results in approval of an 
individual’s eligibility to work in the 
United States, the Commissioner (in the 
case of a final determination under clause 
(ii)(I)) or the Secretary of Homeland Secu-
rity (in the case of a final determination 
under clause (ii)(II)) shall determine if the 
final disapproval notice issued for the indi-
vidual was the result of an act or omission 
that was the responsibility of the individual 
or from another cause. 
‘‘(iv) COMPENSATION FOR ERRORS.— 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00025
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(I) IN GENERAL.—In any case 
in which the Commissioner makes a 
determination under this subpara-
graph that the disapproval notice 
issued for an individual was caused by 
a negligent, reckless, willful, or mali-
cious act of the Government and was 
not caused by an act or omission that 
was the responsibility of the indi-
vidual, or the Secretary of Homeland 
Security provides to the Commissioner 
certification of such a determination 
pursuant to clause (ii)(II), the Com-
missioner shall certify to the Treasury 
the amount of the lost wages and the 
Secretary of the Treasury shall com-
pensate the individual for such lost 
wages from the general fund of the 
Treasury. 
‘‘(II) CALCULATION
OF
LOST 
WAGES.—Lost wages shall be cal-
culated based on the wage rate and 
work schedule that prevailed prior to 
termination. The individual shall be 
compensated for wages lost beginning 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00026
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
on the first scheduled work day after 
employment was terminated and end-
ing 180 days after completion of the 
administrative 
review 
process 
de-
scribed in this paragraph or the day 
after the individual is reinstated or 
obtains employment elsewhere, which-
ever occurs first. 
‘‘(III) 
LIMITATION
ON
COM-
PENSATION.—For purposes of deter-
mining an individual’s compensation 
for the loss of employment, such com-
pensation shall be reduced by any 
compensation earned from any em-
ployment during such period and shall 
not include any period in which the 
individual was ineligible for employ-
ment in the United States. 
‘‘(E) 
JUDICIAL
REVIEW
OF
DIS-
APPROVALS.— 
‘‘(i) IN GENERAL.—An individual may 
obtain judicial review of a final determina-
tion under subparagraph (D) by a civil ac-
tion commenced not later than 30 days 
after the date of such determination. 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00027
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(ii) JURISDICTION.—A civil action 
for such judicial review shall be brought in 
the district court of the United States for 
the judicial district in which the plaintiff 
resides, or has a principal place of busi-
ness, or, if the plaintiff does not reside or 
have a principal place of business within 
any such judicial district, in the District 
Court of the United States for the District 
of Columbia. 
‘‘(iii) ANSWER.—A certified copy of 
the administrative record compiled during 
the administrative review under subpara-
graph (D), including the evidence received 
during such review, shall be filed in such 
civil action. The court shall have power to 
enter, upon the pleadings and administra-
tive record, a judgment affirming, modi-
fying or reversing such administrative deci-
sion, with or without remanding the matter 
for further proceedings. 
‘‘(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 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00028
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
shall be computed and paid in accordance 
with subparagraph (D)(iv). 
‘‘(4) IMPLEMENTATION OF THE EEVS.— 
‘‘(A) IN
GENERAL.—The Commissioner 
shall establish a schedule for implementation of 
the EEVS that is designed to assure that the 
capacity of all aspects of the EEVS, including 
the equipment and personnel required to com-
plete reviews of contested initial disapprovals 
and corrections of erroneous records, within the 
time limits established by subparagraphs (C) 
and (D) of paragraph (3). 
‘‘(B) PRIORITIES.—The schedule estab-
lished pursuant to subparagraph (A) shall be 
established based on the priority of maximizing 
the deterrent effect on illegal migration and un-
authorized employment on the most expeditious 
basis possible. 
‘‘(C) BASIC
PILOT
PARTICIPANTS.—The 
schedule established pursuant to subparagraph 
(A) shall assure that all participants in the 
basic pilot program for employment eligibility 
verification described in section 403(a) of the 
Illegal Immigration Reform and Immigrant Re-
sponsibility Act of 1996 (8 U.S.C. 1324a note) 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00029
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
are registered in the EEVS as soon as feasible 
after the date of the enactment of the New Em-
ployee Verification Act of 2008. 
‘‘(D) ALL OTHERS.—Every person that is 
a subject employer with respect to one or more 
individuals as of the date of enactment of the 
New Employee Verification Act of 2008 shall be 
required to register in the EEVS, or be compli-
ant under subsection (b) of this section, not 
later than 36 months after such date. 
‘‘(5) STANDARDS FOR OPERATION.— 
‘‘(A) POLICIES
AND
PROCEDURES.—The 
Commissioner, the Secretary of Homeland Se-
curity, and the Secretary of Health and Human 
Services shall establish procedures for col-
lecting, updating, removing, and adding data to 
the EEVS to ensure the accuracy and integrity 
of the data and to limit access to the data to 
authorized personnel. 
‘‘(B) PUBLIC EDUCATION.—Not later than 
6 months before the first registration date, the 
Commissioner, in cooperation with the Sec-
retary of Health and Human Services, the Sec-
retary of Homeland Security, and the States, 
shall develop a public education campaign re-
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00030
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
garding the obligations imposed by this section, 
as well as instructional materials provided with-
out cost to the public regarding how to use the 
EEVS. 
‘‘(C) REGISTRANT
TRAINING.—Not later 
than 6 months before the first registration date, 
the Commissioner, in cooperation with the Sec-
retary of Homeland Security, the Secretary of 
Health and Human Services, and the States, 
shall institute a comprehensive program of out-
reach and training for employers regarding the 
operation and benefits of using the verification 
systems described in this section and informing 
them of ongoing assistance resources for the 
implementation and use of such systems. 
‘‘(D) EEVS REQUIREMENTS.—The Com-
missioner and the Secretary of Homeland Secu-
rity shall ensure the following: 
‘‘(i) The EEVS— 
‘‘(I) is fully integrated across ap-
propriate agencies; 
‘‘(II) is accessible to all reg-
istered employers via internet and 
telephone; 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00031
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
‘‘(III) allows for real-time data 
entry; and 
‘‘(IV) contains a mechanism for 
subject employers to attest to their 
compliance. 
‘‘(ii) Timely entry and access of all 
EEVS data. 
‘‘(iii) A method to correct relevant 
EEVS data on a timely basis. 
‘‘(iv) Secure procedures for individ-
uals to examine their records, request ex-
pedited corrections of errors, and appeal 
disapprovals concerning EEVS data under 
appeal procedures developed jointly by the 
Commissioner and the Secretary of Home-
land Security. 
‘‘(v) Procedures limiting agency and 
contractor personnel authorized to enter 
EEVS data. 
‘‘(vi) A 24-hour internet and tele-
phonic help-desk is available to respond to 
questions about the use of the system. 
‘‘(E) NOTICES TO EMPLOYEES.—The Com-
missioner, in consultation with the Secretary of 
Homeland Security, shall develop a written 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00032
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
form for employers to provide to individuals for 
whom they receive an initial disapproval and 
disapproval notices that shall include— 
‘‘(i) in the case of an initial dis-
approval— 
‘‘(I) the right to contest such ini-
tial disapproval; and 
‘‘(II) contact information for ini-
tiating such contest, including the ap-
propriate agency to contact and the 
procedures to follow in doing so; and 
‘‘(ii) in the case of a disapproval, the 
right to appeal the disapproval, including 
the appropriate agency to contact and the 
procedures to follow in doing so. 
‘‘(F) ADDITIONAL
RESPONSIBILITIES
OF 
COMMISSIONER IN SUPPORT OF THE EEVS.— 
The Commissioner shall establish— 
‘‘(i) a reliable, secure method for de-
termining, through the EEVS— 
‘‘(I) whether the name, date of 
birth, and social security account 
number of an individual provided in 
an inquiry made to the EEVS by an 
employer is consistent with such infor-
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00033
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
mation maintained by the Commis-
sioner; 
‘‘(II) the citizenship status asso-
ciated with such name and social se-
curity account number, according to 
the records maintained by the Com-
missioner; 
‘‘(III) whether the name and 
number belongs to an individual who 
is deceased or a child under the age of 
seven, to the records maintained by 
the Commissioner; 
‘‘(IV) whether the name belongs 
to an individual whose record has a 
fraud indicator; and 
‘‘(V) whether the name and num-
ber is blocked in accordance with 
paragraph (7); and 
‘‘(ii) in consultation with the Sec-
retary of Homeland Security, a reliable, se-
cure method for an individual to verify 
such individual’s own eligibility for employ-
ment in the United States. 
‘‘(G) ANNUAL
REPORT
AND
CERTIFI-
CATION.—Not later than 24 months after the 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00034
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
date of the enactment of the New Employee 
Verification Act of 2008, and annually there-
after, the Commissioner, in cooperation with 
the Secretary of Homeland Security, shall sub-
mit to the Congress a report that includes— 
‘‘(i) a certified determination of the 
percentage of inquiries to the EEVS and 
SEEVS that result in a final approval or 
disapproval notice, within the applicable 
period described in paragraph (3)(C), that 
are not overturned in a subsequent appeal, 
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 high-
er within specified time frames; and 
‘‘(ii) an assessment of the privacy and 
security of the EEVS and SEEVS. 
‘‘(6) LIMITATION ON COLLECTION AND USE OF 
DATA.— 
‘‘(A) COLLECTION.— 
‘‘(i) IN GENERAL.—The EEVS shall 
collect and maintain only the minimum 
data necessary to facilitate the successful 
operation of the EEVS, and in no case 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00035
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS
associated with entering into such an agreement 
with such other country, including an assessment 
of— 
‘‘(i) the integrity of such other country’s 
data and records on births, deaths, marriages, 
divorces, earnings, and other information affect-
ing eligibility for benefits or benefit amounts, 
and 
‘‘(ii) the potential for fraudulent receipt of 
benefits under this title and how any such po-
tential fraud would be mitigated; 
‘‘(B) the number of individuals who are United 
States citizens estimated by the Chief Actuary of the 
Social Security Administration to be affected by the 
agreement; 
‘‘(C) the number of individuals who are not 
United States citizens estimated by the Chief Actu-
ary to be affected by the agreement; 
‘‘(D) the Chief Actuary’s estimate of any result-
ing reduction in liability for taxes or contributions 
and increases in benefit payments, under the social 
security system established by this title and the so-
cial security system of such other country, of— 
‘‘(i) individuals who are United States citi-
zens and their employers, and 
VerDate Aug 31 2005 
05:20 Feb 29, 2008
Jkt 069200
PO 00000
Frm 00074
Fmt 6652
Sfmt 6201
E:\BILLS\H5515.IH
H5515
wwoods2 on PRODPC68 with BILLS