To amend the Social Security Act to prevent unauthorized earnings from being credited toward benefits under title II of such Act and to make improvements in provisions governing totalization agreements, to amend the Social Security Act and the Immigration and Nationality Act to prevent unauthorized employment, and to improve coordination of the provisions of such Acts, and for other purposes.

.--
            (1) In general.--Section 233(e) of such Act (42 U.S.C. 
        433(e)) is amended by striking paragraph (2) and inserting the 
        following new paragraphs:
    ``(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 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 agreement 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 document 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 entered 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 Social Security Administration as to whether there is expected, 
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 security 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 equal to 
at least 0.005 percent of the present value of taxable 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 adjusted summarized income 
        rate over such period and the adjusted summarized cost rate 
        over such period.
            ``(ii) The term `taxable payroll' means, for a period, 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 percentage) of the sum of 
        the present value of the cost during such period plus the 
        present value of the targeted trust fund balance, to the 
        present value of the taxable payroll for the years for such 
        period.
            ``(v) The term `trust fund balance' means the combined 
        balance of the Federal Old-Age and Survivors Insurance Trust 
        Fund and the Federal Disability Insurance Trust Fund 
        (hereinafter in this subparagraph referred to as the `Trust 
        Funds').
            ``(vi) The term `income from taxes' means, during 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 payments are therefore not reimbursable 
        from the general 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 rehabilitation services for disabled 
        beneficiaries, and excluding special monthly payments to 
        certain uninsured persons whose payments are reimbursable from 
        the general fund of the Treasury, and transfers under the 
        interfund borrowing provisions of section 201(l).
            ``(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), necessary to support an OASDI 
        trust fund ratio (as defined 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 assumptions of the Board of 
Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and 
the Federal Disability 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, during the period of 60 
calendar days specified in paragraph (2)(A), a bill or joint resolution 
disapproving such agreement.
    ``(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 described in such subparagraph, there is expected a net 
reduction, in the actuarial balance for such period of the social 
security system established by this title, which--
            ``(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, respectively, 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.
    ``(B) During the period of 60 calendar days specified in paragraph 
(2)(A), it shall be in order as a matter of highest privilege in each 
House of the Congress to consider a bill or joint resolution described 
in paragraph (4) or (5) providing solely for the disapproval or 
approval of an agreement entered into under this section, if offered by 
the majority leader or minority leader of such House (or a designee).
    ``(C) For purposes of consideration of a bill or joint resolution 
described in paragraph (4) or (5) providing solely for approval or 
disapproval of an agreement under this section, the agreement shall not 
be subject to amendment after the transmittal to each House of the 
Congress pursuant to paragraph (1).''.
            (2) Effective date.--The amendment made by this subsection 
        shall apply with respect to agreements, establishing 
        totalization arrangements pursuant 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.
            (3) Special rule.--Notwithstanding subsection (e) of 
        section 233 of the Social Security Act (as in effect prior to 
        the amendments made by this section), any agreement entered 
        into pursuant to such section 233, establishing totalization 
        arrangements between the social security system established by 
        title II of such Act and the social security system of another 
        country, which--
                    (A) was signed by the Commissioner of Social 
                Security in June 2004, and
                    (B) was transmitted to the Congress pursuant to 
                such subsection (e) on or after September 1, 2007, and 
                before the date of the enactment of this Act,
        shall be deemed not to have entered into force as of the date 
        of the enactment of this Act and shall be deemed to enter into 
        force after such date only as provided in section 233(e) of 
        such Act (as amended by this section) as if such agreement had 
        been transmitted to the Congress on the date on which the 
        President transmits to the Congress on or after such date, 
        pursuant to section 233(e)(1) of such Act (as amended by this 
        section), a report in support of such agreement meeting the 
        requirements of such section 233(e)(1) (as so amended).
    (c) Biennial Reports to the Congress Regarding Ongoing Operation of 
Totalization Agreements.--
            (1) In general.--Section 233 of such Act (42 U.S.C. 433) is 
        amended by adding at the end the following new subsection:

                      ``Biennial Oversight Reports

    ``(f) The Commissioner of Social Security shall submit biennially 
to the Committee on Ways and Means of the House of Representatives and 
the Committee on Finance of the Senate a report evaluating the 
operation, during the preceding 2-year period covered by the report, of 
each agreement entered into pursuant to this section. Such report shall 
include--
            ``(1) if the report is submitted during the 10-year period 
        following the date on which the agreement enters into force, 
        the change in benefit costs under the social security system 
        established by this title which is attributable to the 
        agreement, as estimated as of the date of the report, and the 
        change in contributions under such system which is attributable 
        to such agreement, as so estimated,
            ``(2) information relating to actual, or perceived 
        potential, fraudulent receipt of benefits attributable to the 
        operation of the agreement under the social security system 
        established by this title,
            ``(3) information relating to perceived problems with the 
        integrity of the other country's data and records used in 
        determining eligibility for benefits or benefit amounts, and
            ``(4) if the report is submitted during the 10-year period 
        following the date on which the agreement enters into force, 
        information relating to demographic or other trends that may 
        cause future deviations from the original estimates of costs to 
        each social security system which are attributable to the 
        agreement.''.
            (2) Initial report.--The Commissioner of Social Security 
        shall submit the initial report pursuant to section 233(f) of 
        the Social Security Act (added by this subsection) not later 
        than December 31, 2008.

SEC. 203. SUSPENSION OF BENEFITS FOR INDIVIDUALS REMOVED FROM THE 
              UNITED STATES.

    (a) In General.--Section 202(n)(1) of the Social Security Act (42 
U.S.C. 402(n)(1)) is amended--
            (1) in subparagraph (A), by striking ``, on the basis of 
        his wages and self-employment income,'';
            (2) in subparagraph (B), by striking ``and'' at the end;
            (3) in subparagraph (C), by striking the period and 
        inserting ``, and''; and
            (4) by adding at the end the following new subparagraph:
            ``(D) no lump sum death payment shall be made to such 
        individual after the Commissioner of Social Security is 
        notified by the Attorney General or the Secretary of Homeland 
        Security that such individual has been so removed.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to any individual with respect to whose removal from the United 
States the Commissioner of Social Security receives notification from 
the Attorney General or the Secretary of Homeland Security after the 
twelfth month that begins after the date of the enactment of this Act.

Summary: New Employee Verification Act of 2008 - Amends the Immigration and Nationality Act (INA) to require employers to verify employee identification and employment eligibility under the Electronic Employment Verification System (EEVS) or the Secure Employment Eligibility Verification System (SEEVS) (as established by this Act).

Permits employers subject to employee verification requirements to do so under EEVS or SEEVS.

Sets forth provisions respecting: (1) voluntary and expedited participation; (2) employer penalties for failure to participate in EEVS or SEEVS; (3) employer and employee information and document requirements; (4) employer liability protection; (5) attestation; and (6) consequences of EEVS determinations.

States that nothing in this Act shall be construed to require a national identification card.

Repeals the employment eligibility pilot programs under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Amends title II (Old Age, Survivor's and Disability Insurance) of the Social Security Act (SSA) to direct the Commissioner of Social Security to establish EEVS utilizing information in the National Directory of New Hires.

States that EEVS shall have the capacity to determine whether: (1) employer-submitted information is consistent with information maintained by the Commissioner with respect to U.S. citizens and nationals and by the Secretary of Homeland Security with respect to aliens; and (2) the individual is a citizen or national or is not an unauthorized alien.

Sets forth provisions respecting: (1) submission for confirmation of an individual's identification and employment eligibility and related EEVs determinations; (2) administrative and judicial review of employment disapproval; (3) EEVS implementation; and (4) data use by EEVS.

Directs the Commissioner to establish SEEVS to provide, through government certified private entities, for verification of identity and employment eligibility respecting new employees

Permits an employer to opt out of SEEVS after one year's participation.

Sets forth provisions respecting: (1) certification of entities; (2) database management, including limitations on accessibility and the use and storage of biometric data; (3) employer responsibilities; (4) employee protections; and (5) information security and confidentiality, including penalties for violations.

Directs the Commissioner to establish the Employment Verification Advisory Council, which shall terminate five years after enactment of this Act.

Amends INA to: (1) apply certain antidiscrimination provisions to EEVS and SEEVS; (2) increase civil money penalties for unfair employment practice violations; (3) increase civil money penalties for certain hiring, recruiting, and referral violations (reduces certain penalties for small employers, exempts certain good faith, first-time violations, and provides a safe harbor for certain contractors); and (4) increase criminal penalties for pattern or practice violations.

Amends SSA to: (1) provide for disclosure to the Secretary of Homeland Security of certain National Directory of New Hires information about employees with the greatest number or percentage of mismatched social security information; (2) deny credit toward earnings benefits from unauthorized work; (3) revise totalization agreement provisions; and (4) prohibit survivor's lump sum death payments to individuals who have been removed from the United States under INA.