New Employee Verification Act of 2008

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.

2/28/2008--Introduced.
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.


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Sponsor

• Rep. Samuel Johnson [R, TX-3]
• and 36 Co-Sponsors
  • Rep. Rodney Alexander [R, LA-5]
  • Rep. Marsha Blackburn [R, TN-7]
  • Rep. Jo Bonner [R, AL-1]
  • Rep. Kevin Brady [R, TX-8]
  • Rep. David Camp [R, MI-4]
  • Rep. John Campbell [R, CA-48]
  • Rep. Eric Cantor [R, VA-7]
  • Rep. Christopher Carney [D, PA-10]
  • Barbara Cubin
  • John Doolittle
  • Philip English
  • Tom Feeney
  • Rep. Virginia Foxx [R, NC-5]
  • Rep. Trent Franks [R, AZ-2]
  • Rep. Gabrielle Giffords [D, AZ-8]
  • Rep. John Gingrey [R, GA-11]
  • Rep. Louis Gohmert [R, TX-1]
  • Virgil Goode
  • Rep. Ralph Hall [R, TX-4]
  • Rep. Walter Herger [R, CA-2]
  • Rep. John Kline [R, MN-2]
  • Ron Lewis
  • Rep. Frank Lucas [R, OK-3]
  • Rep. Donald Manzullo [R, IL-16]
  • Rep. Kenny Marchant [R, TX-24]
  • Rep. Michael McCaul [R, TX-10]
  • James McCrery
  • Rep. Harry Mitchell [D, AZ-5]
  • Rep. Dennis Moore [D, KS-3]
  • Marilyn Musgrave
  • Rep. Sue Myrick [R, NC-9]
  • Thomas Reynolds
  • Rep. Paul Ryan [R, WI-1]
  • Rep. Peter Sessions [R, TX-32]
  • Christopher Shays
  • Rep. Addison Wilson [R, SC-2]
  close

Committees

• House Judiciary
• 7 more
  • House Judiciary
  • House Ways and Means
  • House Education and Labor
  • House Education and Labor
  • House Rules
  • House Ways and Means
  • House Judiciary
  close

Amendments

This bill has no amendments.

Amendments to H.R.5515

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
February 28, 2008

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All Bill Actions

• Apr 17, 2008: Referred to the Subcommittee on Workforce Protections.
• Mar 17, 2008: Referred to the Subcommittee on Crime, Terrorism, and Homeland Security.
• Mar 17, 2008: Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
• Mar 06, 2008: Referred to the Subcommittee on Health.
• Mar 06, 2008: Sponsor introductory remarks on measure. (CR H1344)
• Feb 28, 2008: Referred to House Education and Labor
• Feb 28, 2008: Referred to House Judiciary
• Feb 28, 2008: Referred to House Rules
• Introduced on Feb 28, 2008.
• Feb 28, 2008: Sponsor introductory remarks on measure. (CR E268-269)
• Feb 28, 2008: Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, Education and Labor, and Rules, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
• Feb 28, 2008: Referred to House Ways and Means

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Related Issue Areas:

• Immigration
• Administrative remedies
• Alien labor
• Business
• 38 more
• Civil liberties
• Civil rights
• Computer security measures
• Confidential communications
• Congress
• Congressional investigations
• Congressional reporting requirements
• Criminal justice
• Data banks
• Department of Homeland Security
• Discrimination in employment
• Electronic data interchange
• Electronic government information
• Employee rights
• Employee selection
• Employers' liability
• Executive departments
• Federal advisory bodies
• Fines (Penalties)
• Foreign policy
• Fraud
• Government information
• Government paperwork
• Identification devices
• Identity theft
• Illegal aliens
• Judicial review
• Labor
• Law
• Old age, survivors and disability insurance
• Recruiting of employees
• Right of privacy
• Small business
• Social security
• Social security eligibility
• Technology
• Telecommunication
• Treaties

Data from the Congressional Research Service

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In the News

March 16, 2008 Immigration and Leave Policy Top Agenda for Human Resource Leaders ...

... more than The key issue SHRM's members from all over the country will be talking about today is the "New Employee Verification Act" (NEVA, HR 5515). ...

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Source: PR-Inside.com (Pressemitteilung), Austria

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March 12, 2008 Immigration and Leave Policy Top Agenda for Human Resource Leaders ...

The key issue SHRM’s members from all over the country will be talking about today is the “New Employee Verification Act” (NEVA, HR 5515). ...

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Source: Business Wire (press release), CA

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March 12, 2008 The Outlook for New Employment Legislation in 2008

The bill for employment verification favored by SHRM is the New Employee Verification Act of 2008 (HR 5515), or NEVA. NEVA would create a new electronic ...

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Blog Coverage

December 16, 2008 Quick poll: Using E-verify | HRMorning.com | Your daily dose of HR

I support HR 5515 New Employee Verification Act (NEVA). SHRM is behind it and I agree wholeheartedly! Employers can use the state “new hire” reporting process, which is currently used for child support enforcement, ...

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Source: HRMorning.com

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November 13, 2008 Reducing Illegal Immigration Through Employment Verification ...

[40]The New Employment Verification Act of 2008 (NEVA, H.R. 5515), for example, would prohibit state employment verification. [41] A related tactic is for an illegal immigrant to provide a real but stolen Social Security number with a ...

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Source: The Heritage Foundation Papers: Energy...

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October 15, 2008 Democratic US House members from Kansas, Moore and Boyda, spent ...

letters - HR 5515 Employee verification act, HR 5740 Vet Education Asst. Act, HR 6633 E Verify Congressional Update - 8 x 9 full color open up mailer 9 robocalls - did four on just one meeting: notice, invitation, intro to issue and him ...

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