S 2711 PCSCommentsClose CommentsPermalink

To improve the enforcement of laws prohibiting the employment of unauthorized aliens and for other purposes.CommentsClose CommentsPermalink

March 5, 2008

Mr. SESSIONS introduced the following bill; which was read the first timeCommentsClose CommentsPermalink

March 6, 2008

Read the second time and placed on the calendarCommentsClose CommentsPermalink

To improve the enforcement of laws prohibiting the employment of unauthorized aliens and for other purposes.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink

SECTION 1. SHORT TITLE.

This Act may be cited as the `Worksite Enforcement Act of 2008'.CommentsClose CommentsPermalink

SEC. 2. UNLAWFUL EMPLOYMENT OF ALIENS.

Section 274A of the Immigration and Nationality Act (8 U.S.C. 1324a) is amended to read as follows:CommentsClose CommentsPermalink

`SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

`(a) Making Employment of Unauthorized Aliens Unlawful-CommentsClose CommentsPermalink





`(1) IN GENERAL- It is unlawful for an employer--CommentsClose CommentsPermalink





`(A) to hire, or to recruit or refer for a fee, an alien for employment in the United States knowing or with reckless disregard that the alien is an unauthorized alien with respect to such employment; orCommentsClose CommentsPermalink





`(B) to hire, or to recruit or refer for a fee, for employment in the United States an individual without complying with the requirements under subsections (c) and (d).CommentsClose CommentsPermalink





`(2) CONTINUING EMPLOYMENT- It is unlawful for an employer, after hiring an alien for employment, to continue to employ the alien in the United States knowing or with reckless disregard that the alien is (or has become) an unauthorized alien with respect to such employment.CommentsClose CommentsPermalink





`(3) USE OF LABOR THROUGH CONTRACT-CommentsClose CommentsPermalink





`(A) IN GENERAL- For purposes of this section, an employer who uses a contract, subcontract, or exchange to obtain the labor of an alien in the United States knowing that the alien is an unauthorized alien (as defined in subsection (b)(3)) with respect to performing such labor, shall be considered to have hired the alien for employment in the United States in violation of paragraph (1)(A).CommentsClose CommentsPermalink





`(B) RULEMAKING- The Secretary may promulgate regulations--CommentsClose CommentsPermalink





`(i) to require, for purposes of ensuring compliance with the immigration laws of the United States, that an employer include in a written contract, subcontract, or exchange an effective and enforceable requirement that the contractor or subcontractor adhere to such immigration laws, including use of EEVS;CommentsClose CommentsPermalink





`(ii) to establish procedures by which an employer may obtain confirmation from the Secretary that the contractor or subcontractor has registered with EEVS and is utilizing EEVS to verify its employees; andCommentsClose CommentsPermalink





`(iii) to establish such other requirements for employers using contractors or subcontractors as the Secretary determines to be necessary to prevent knowing violations of this paragraph after rulemaking pursuant to section 553 of title 5, United States Code.CommentsClose CommentsPermalink





`(C) GUIDELINES- The Secretary may issue guidelines to clarify and supplement the regulations issued pursuant to subparagraph (B)(iii) and broadly disseminate such guidelines, in coordination with the Private Sector Office of the Department of Homeland Security.CommentsClose CommentsPermalink





`(4) DEFENSE-CommentsClose CommentsPermalink





`(A) IN GENERAL- Subject to subparagraphs (B) through (D), an employer that establishes that it has complied in good faith with the requirements of paragraphs (1) through (4) of subsection (c), pertaining to document verification requirements, and subsection (d) has established an affirmative defense that the employer has not violated paragraph (1)(A) with respect to hiring, recruiting, or referral.CommentsClose CommentsPermalink





`(B) LIMITED EXCEPTION- A defense is established without a showing of compliance with subsection (d) until such time as the Secretary has required an employer to participate in EEVS or such participation is permitted on a voluntary basis pursuant to subsection (d).CommentsClose CommentsPermalink





`(C) ADDITIONAL REQUIREMENTS- The employer may not establish a defense unless the employer is in compliance with any additional requirements that the Secretary may promulgate by regulation pursuant to subsections (c), (d), and (k).CommentsClose CommentsPermalink





`(D) FAILURE TO COMPLY WITH STANDARDS- An employer is presumed to have acted with knowledge or reckless disregard if the employer fails to comply with written standards, procedures or instructions issued by the Secretary. Such standards, procedures or instructions shall be objective and verifiable.CommentsClose CommentsPermalink





`(5) PREEMPTION- This section preempts any State or local law that--CommentsClose CommentsPermalink





`(A) requires the use of EEVS in a manner that--CommentsClose CommentsPermalink





`(i) conflicts with any Federal policy, procedure, or timetable;CommentsClose CommentsPermalink





`(ii) requires employers to verify whether or not an individual is authorized to work in the United States; orCommentsClose CommentsPermalink





`(iii) imposes a civil or criminal sanction (other than through licensing or other similar laws) on a person that employs, or recruits or refers for a fee for employment, any unauthorized alien; andCommentsClose CommentsPermalink





`(B) requires, as a condition of conducting, continuing, or expanding a business, a business entity--CommentsClose CommentsPermalink





`(i) provide, build, fund, or maintain a shelter, structure, or designated area at or near the place of business of the entity for use by--CommentsClose CommentsPermalink





`(I) any individual who is not an employee of the business entity who enters or seeks to enter the property of the entity for the purpose of seeking employment by the entity; orCommentsClose CommentsPermalink





`(II) any contractor, customer or other person over which the business entity has no authority; orCommentsClose CommentsPermalink





`(ii) carry out any other activity to facilitate the employment by others of--CommentsClose CommentsPermalink





`(I) any individual who is not an employee of the business entity who enters or seeks to enter the property of the entity for the purpose of seeking employment by the entity; orCommentsClose CommentsPermalink





`(II) any contractor, customer, or other person over which the business entity has no authority.CommentsClose CommentsPermalink





`(b) Definitions- In this section:CommentsClose CommentsPermalink





`(1) CRITICAL INFRASTRUCTURE- The term `critical infrastructure' means agencies and departments of the United States, States, their suppliers or contractors, and any other employer whose employees have access as part of their jobs to a government building, military base, nuclear energy site, weapon site, airport, or seaport.CommentsClose CommentsPermalink





`(2) EMPLOYER-CommentsClose CommentsPermalink





`(A) IN GENERAL- The term `employer'--CommentsClose CommentsPermalink





`(i) means any person or entity hiring, recruiting, or referring for a fee an individual for employment in the United States; andCommentsClose CommentsPermalink





`(ii) includes the Federal Government and State, local, and tribal governments.CommentsClose CommentsPermalink





`(B) FRANCHISED BUSINESSES- Franchised businesses that operate independently do not constitute a single employer solely on the basis of sharing a common brand.CommentsClose CommentsPermalink





`(3) UNAUTHORIZED ALIEN- The term `unauthorized alien' means, with respect to the employment of an alien at a particular time, that the alien is not at that time either--CommentsClose CommentsPermalink





`(A) an alien lawfully admitted for permanent residence; orCommentsClose CommentsPermalink





`(B) authorized to be so employed by the Secretary of Homeland Security under this Act.CommentsClose CommentsPermalink





`(c) Document Verification Requirements-CommentsClose CommentsPermalink





`(1) IN GENERAL- Any employer hiring, recruiting, or referring for a fee an individual for employment in the United States shall take all reasonable steps to verify that the individual is authorized to work in the United States, including the requirements under this subsection and under subsection (d).CommentsClose CommentsPermalink





`(2) ATTESTATION AFTER EXAMINATION OF DOCUMENTATION-CommentsClose CommentsPermalink





`(A) IN GENERAL-CommentsClose CommentsPermalink





`(i) REQUIREMENT- The employer shall attest, under penalty of perjury and on a form prescribed by the Secretary, that the employer has verified the identity and work authorization status of the individual by examining--CommentsClose CommentsPermalink





`(I) a document described in subparagraph (B); orCommentsClose CommentsPermalink





`(II) a document described in subparagraph (C) and a document described in subparagraph (D).CommentsClose CommentsPermalink





`(ii) FORM OF ATTESTATION- An attestation under clause (i) may be manifested by a handwritten or electronic signature. An employer has complied with the requirement of this paragraph with respect to examination of documentation if the employer has followed applicable regulations and any written procedures or instructions provided by the Secretary and if a reasonable person would conclude that the documentation is genuine and establishes the employee's identity and authorization to work, taking into account any information provided to the employer by the Secretary, including photographs.CommentsClose CommentsPermalink





`(B) DOCUMENTS ESTABLISHING BOTH EMPLOYMENT AUTHORIZATION AND IDENTITY- A document described in this subparagraph is an individual's--CommentsClose CommentsPermalink





`(i) United States passport, or passport card issued pursuant to the Secretary of State's authority under the first section of the Act of July 3, 1926 (22 U.S.C. 211a);CommentsClose CommentsPermalink





`(ii) permanent resident card or other document issued by the Secretary or Secretary of State to aliens authorized to work in the United States, if the document--CommentsClose CommentsPermalink





`(I) contains a photograph of the individual, biometric data, such as fingerprints, or such other personal identifying information relating to the individual as the Secretary finds, by regulation, sufficient for the purposes of this subsection;CommentsClose CommentsPermalink





`(II) is evidence of authorization for employment in the United States; andCommentsClose CommentsPermalink





`(III) contains security features to make it resistant to tampering, counterfeiting, and fraudulent use; orCommentsClose CommentsPermalink





`(iii) social security card (other than a card that specifies on its face that the card is not valid for establishing employment authorization in the United States) that bears a photograph and meets the standards established under section 4 of the Worksite Enforcement Act of 2008, upon the recommendation of the Secretary of Homeland Security, in consultation with the Commissioner of Social Security.CommentsClose CommentsPermalink





`(C) DOCUMENTS ESTABLISHING IDENTITY OF INDIVIDUAL- A document described in this subparagraph includes--CommentsClose CommentsPermalink





`(i) an individual's driver's license or identity card issued by a State, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, provided that the issuing State or entity has certified to the Secretary of Homeland Security that it is in compliance with the minimum standards required under section 202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note) and implementing regulations issued by the Secretary of Homeland Security once those requirements become effective;CommentsClose CommentsPermalink





`(ii) an individual's driver's license or identity card issued by a State, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States which is not compliant under section 202 of the REAL ID Act of 2005 if--CommentsClose CommentsPermalink





`(I) the driver's license or identity card contains the individual's photograph as well as the individual's name, date of birth, gender, height, eye color and address;CommentsClose CommentsPermalink





`(II) the card has been approved for this purpose by the Secretary in accordance with timetables and procedures established by the Secretary pursuant to subsection (c)(1)(F); andCommentsClose CommentsPermalink





`(III) the card is presented by the individual and examined by the employer in combination with a U.S. birth certificate, or a Certificate of Naturalization, or a Certificate of Citizenship, or such other documents as may be prescribed by the Secretary;CommentsClose CommentsPermalink





`(iii) for individuals under 16 years of age who are unable to present a document listed in clause (i) or (ii), documentation of personal identity of such other type as the Secretary finds provides a reliable means of identification, provided it contains security features to make it resistant to tampering, counterfeiting, and fraudulent use; orCommentsClose CommentsPermalink





`(iv) other documentation evidencing identity as identified by the Secretary in his discretion, with notice to the public provided in the Federal Register, to be acceptable for purposes of this section, provided that the document, including any electronic security measures linked to the document, contains security features that make the document as resistant to tampering, counterfeiting, and fraudulent use as a document described in clause (i) or subparagraph (B)(i) or (B)(ii).CommentsClose CommentsPermalink





`(D) DOCUMENTS EVIDENCING EMPLOYMENT AUTHORIZATION- The following documents shall be accepted as evidence of employment authorization:CommentsClose CommentsPermalink





`(i) A social security account number card issued by the Commissioner of Social Security (other than a card which specifies on its face that the card is not valid for employment in the United States). The Secretary, in consultation with the Commissioner of Social Security, may require by publication of a notice in the Federal Register that only a social security account number card described in section 4 of the Worksite Enforcement Act of 2008 be accepted for this purpose.CommentsClose CommentsPermalink





`(ii) Any other documentation evidencing authorization of employment in the United States which the Secretary declares, by publication in the Federal Register, to be acceptable for purposes of this section, provided that the document, including any electronic security measures linked to the document contains security features to make it resistant to tampering, counterfeiting, and fraudulent use.CommentsClose CommentsPermalink





`(E) AUTHORITY TO PROHIBIT USE OF CERTAIN DOCUMENTS- If the Secretary determines that any document or class of documents described in subparagraph (B), (C), or (D) as establishing employment authorization or identity does not reliably establish such authorization or identity or is being used fraudulently to an unacceptable degree, the Secretary shall, with notice to the public provided in the Federal Register, prohibit or restrict the use of that document or class of documents for purposes of this subsection.CommentsClose CommentsPermalink





`(3) INDIVIDUAL ATTESTATION OF EMPLOYMENT AUTHORIZATION- The individual shall attest, under penalty of perjury on the form prescribed by the Secretary, that the individual is a citizen or national of the United States, an alien lawfully admitted for permanent residence, or an alien who is authorized under this Act or by the Secretary to be hired, recruited, or referred for such employment. Such attestation may be manifested by either a handwritten or electronic signature.CommentsClose CommentsPermalink





`(4) RETENTION OF VERIFICATION FORM- After completing a form under paragraphs (1) and (2), the employer shall retain a paper, microfiche, microfilm, or electronic version of the form and make such version available for inspection by officers of the Department of Homeland Security (or persons designated by the Secretary), the Special Counsel for Immigration-Related Unfair Employment Practices, or the Department of Labor during a period beginning on the date of the hiring, recruiting, or referral of the individual and ending--CommentsClose CommentsPermalink





`(A) in the case of the recruiting or referral for a fee (without hiring) of an individual, 7 years after the date of the recruiting or referral; andCommentsClose CommentsPermalink





`(B) in the case of the hiring of an individual--CommentsClose CommentsPermalink





`(i) 7 years after the date of such hiring; orCommentsClose CommentsPermalink





`(ii) 2 years after the date the individual's employment is terminated, whichever is earlier.CommentsClose CommentsPermalink





`(5) COPYING OF DOCUMENTATION AND RECORDKEEPING REQUIRED-CommentsClose CommentsPermalink





`(A) IN GENERAL- Notwithstanding any other provision of law, the employer shall copy all documents presented by an individual pursuant to this subsection and shall retain a paper, microfiche, microfilm, or electronic copy as prescribed in paragraph (4), but only (except as otherwise permitted under law) for the purposes of complying with the requirements of this subsection. Such copies shall reflect the signatures of the employer and the employee and the date of receipt.CommentsClose CommentsPermalink





`(B) SSA RECORDS- The employer shall also maintain records of Social Security Administration correspondence regarding name and number mismatches or no-matches and the steps taken to resolve such issues.CommentsClose CommentsPermalink





`(C) RESOLUTION OF IDENTITY- The employer shall maintain records of all actions and copies of any correspondence or action taken by the employer to clarify or resolve any issue that raises reasonable doubt as to the validity of the alien's identity or work authorization.CommentsClose CommentsPermalink





`(D) OTHER RECORDS- The employer shall maintain such records as prescribed in this subsection. The Secretary may prescribe the manner of recordkeeping and may require that additional records be kept or that additional documents be copied and maintained. The Secretary may require that these documents be transmitted electronically, and may develop automated capabilities to request such documents.CommentsClose CommentsPermalink





`(6) PENALTIES- An employer that fails to comply with any requirement under this subsection shall be penalized under subsection (e)(4)(B).CommentsClose CommentsPermalink





`(7) NO AUTHORIZATION OF NATIONAL IDENTIFICATION CARDS- Nothing in this section shall be construed to authorize, directly or indirectly, the issuance or use of national identification cards or the establishment of a national identification card.CommentsClose CommentsPermalink





`(8) ALL EMPLOYEES- The employer shall use the procedures for document verification set forth in this paragraph for all employees without regard to national origin or citizenship status.CommentsClose CommentsPermalink





`(d) Employment Eligibility Verification System-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary, in cooperation and consultation with the Secretary of State, the Commissioner of Social Security, and the States, shall implement and specify the procedures for EEVS. The participating employers shall timely register with EEVS and shall use EEVS in accordance with paragraph (5).CommentsClose CommentsPermalink





`(2) IMPLEMENTATION SCHEDULE-CommentsClose CommentsPermalink





`(A) As of the date of enactment of this section, the Secretary, with notice to the public provided in the Federal Register, is authorized to require any employer or industry which the Secretary determines to be part of the critical infrastructure, a Federal contractor, or directly related to the national security or homeland security of the United States to participate in EEVS. This requirement may be applied to both newly hired and current employees. The Secretary shall notify employers not later than 30 days before such employers are required to participate in EEVS pursuant to this subparagraph.CommentsClose CommentsPermalink





`(B) Not later than 6 months after the date of the enactment of this section, the Secretary shall require additional employers or industries to participate in EEVS. This subparagraph shall apply to new employees hired, and current employees subject to reverification because of expiring work authorization documentation or expiration of immigration status, on or after the date on which the requirement takes effect. The Secretary, by notice in the Federal Register, shall designate these employers or industries, in the discretion of the Secretary, based upon risks to critical infrastructure, national security, immigration enforcement, or homeland security needs.CommentsClose CommentsPermalink





`(C) Not later than 18 months after the date of the enactment of this section, the Secretary shall require all employers to participate in EEVS with respect to newly hired employees and current employees subject to reverification because of expiring work authorization documentation or expiration of immigration status.CommentsClose CommentsPermalink





`(D) Not later than 3 years after the date of the enactment of this section, all employers shall participate in EEVS with respect to new employees, all employees whose identity and employment authorization have not been previously verified through EEVS. The Secretary may specify earlier dates for participation in EEVS, in the discretion of the Secretary, for some or all classes of employer or employee.CommentsClose CommentsPermalink





`(E) The Secretary shall create the necessary systems and processes to monitor the functioning of EEVS, including the volume of the workflow, the speed of processing of queries, and the speed and accuracy of responses. The Comptroller General of the United States shall audit these systems and processes not later than 9 months after the date of the enactment of this section and not later than 24 months after the date of the enactment of this section. The Comptroller General shall report the results of the audits conducted under this subparagraph to Congress.CommentsClose CommentsPermalink





`(3) PARTICIPATION IN EEVS- The Secretary may--CommentsClose CommentsPermalink





`(A) permit any employer that is not required to participate in EEVS to participate on a voluntary basis; andCommentsClose CommentsPermalink





`(B) require any employer that is required to participate in EEVS with respect to its newly hired employees also to do so with respect to its current workforce if the Secretary has reasonable cause to believe that the employer has engaged in any violation of the immigration laws.CommentsClose CommentsPermalink





`(4) CONSEQUENCE OF FAILURE TO PARTICIPATE- If an employer fails to comply with the requirements of EEVS with respect to an individual--CommentsClose CommentsPermalink





`(A) such failure shall be treated as a violation of subsection (a)(1)(B) with respect to that individual; andCommentsClose CommentsPermalink





`(B) a rebuttable presumption is created that an employer has acted with knowledge or reckless disregard if the employer is shown by clear and convincing evidence to have materially failed to comply with written standards, procedures, or instructions issued by the Secretary, which shall be objective and verifiable.CommentsClose CommentsPermalink





`(5) PROCEDURES FOR PARTICIPANTS IN EEVS-CommentsClose CommentsPermalink





`(A) IN GENERAL- An employer participating in EEVS shall register in EEVS and conform to the procedures under this paragraph in the event of hiring, recruiting, or referring any individual for employment in the United States.CommentsClose CommentsPermalink





`(B) REGISTRATION OF EMPLOYERS- The Secretary of Homeland Security, through notice in the Federal Register, shall prescribe procedures that employers shall follow to register in EEVS. In prescribing these procedures, the Secretary may require employers to provide--CommentsClose CommentsPermalink





`(i) the name of the employer;CommentsClose CommentsPermalink





`(ii) the employer's employment identification number;CommentsClose CommentsPermalink





`(iii) the address of the employer;CommentsClose CommentsPermalink





`(iv) the name, position, and social security number of the employees of the employer for whom EEVS is being accessed; andCommentsClose CommentsPermalink





`(v) such other information as the Secretary deems necessary to ensure proper use and security of EEVS.CommentsClose CommentsPermalink





`(C) TRAINING- The Secretary shall require employers to undergo such training as the Secretary determines to be necessary to ensure proper use and security of EEVS. Such training shall be made available electronically, if practicable.CommentsClose CommentsPermalink





`(D) PROVISION OF ADDITIONAL INFORMATION- Each prospective employee shall provide to the employer, and the employer shall record in such manner as the Secretary may specify--CommentsClose CommentsPermalink





`(i) the prospective employee's social security account number;CommentsClose CommentsPermalink





`(ii) if the prospective employee does not attest to being a national of the United States under subsection (c)(2), such identification or authorization number established by the Department of Homeland Security as the Secretary of Homeland Security shall specify; andCommentsClose CommentsPermalink





`(iii) such other information as the Secretary may require to determine the identity and work authorization of the prospective employee.CommentsClose CommentsPermalink





`(E) PRESENTATION OF DOCUMENTATION- The employer and each prospective employee shall fulfill the requirements under subsection (c).CommentsClose CommentsPermalink





`(F) PRESENTATION OF BIOMETRICS- Employers who are enrolled in the Voluntary Advanced Verification Program to Combat Identity Theft established under section 6 of the Worksite Enforcement Act of 2008 shall, in addition to documentary evidence of identity and work eligibility, electronically provide the fingerprints of the prospective employee to the Secretary of Homeland Security.CommentsClose CommentsPermalink





`(6) SEEKING CONFIRMATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- The employer shall use EEVS to provide the Secretary of Homeland Security with all required information to obtain confirmation of the identity and employment eligibility of any employee before the date on which the individual is employed, recruited, or referred. An employer may not make the starting date of an individual's employment contingent on the receipt of a confirmation of the identity and employment eligibility.CommentsClose CommentsPermalink





`(B) LIMITED WORK AUTHORIZATION- For reverification of an employee with a limited period of work authorization, all required verification procedures shall be completed not later than the date the employee's work authorization expires.CommentsClose CommentsPermalink





`(C) NOTIFICATION- The Secretary shall provide, and the employer shall utilize, as part of EEVS, a method of communicating notices and requests for information or action on the part of the employer with respect to expiring work authorization or status and other matters. The Secretary shall provide a method of notifying employers of a confirmation, nonconfirmation or a notice that further action is required (referred to in this subsection as the `further action notice'). The employer shall communicate to the prospective employee that is the subject of the verification all information provided to the employer by EEVS for communication to such prospective employee.CommentsClose CommentsPermalink





`(7) CONFIRMATION OR NONCONFIRMATION-CommentsClose CommentsPermalink





`(A) INITIAL RESPONSE- EEVS shall provide a confirmation, a nonconfirmation, or a further action notice of an prospective employee's identity and employment eligibility at the time of the inquiry, unless for technological reasons or due to unforeseen circumstances, EEVS is unable to provide such confirmation or further action notice. In such situations, the system shall provide confirmation or further action notice not later than 2 business days after the initial inquiry. If providing confirmation or further action notice, EEVS shall provide an appropriate code indicating such confirmation or such further action notice.CommentsClose CommentsPermalink





`(B) CONFIRMATION UPON INITIAL INQUIRY- If the employer receives an appropriate confirmation of an prospective employee's identity and work eligibility under EEVS, the employer shall record the confirmation in such manner as the Secretary may specify.CommentsClose CommentsPermalink





`(C) FURTHER ACTION NOTICE UPON INITIAL INQUIRY AND SECONDARY VERIFICATION-CommentsClose CommentsPermalink





`(i) FURTHER ACTION NOTICE- If the employer receives a further action notice of a prospective employee's identity or work eligibility under EEVS, the employer shall immediately inform the prospective employee of the further action notice and any procedures specified by the Secretary for addressing the further action notice. The employee shall acknowledge in writing the receipt of the further action notice from the employer.CommentsClose CommentsPermalink





`(ii) CONTEST- Not later than 5 business days after the date on which a prospective employee is notified under this subparagraph, the employee shall contact the appropriate agency to contest the further action notice and, if required by the Secretary, appear in person at the appropriate Federal or State agency to verify the employee's identity and employment authorization. The Secretary, in consultation with the Commissioner of Social Security and other appropriate Federal and State officials, shall specify an available secondary verification procedure to confirm the validity of information provided and to provide a final confirmation or nonconfirmation. An employee contesting a further action notice shall attest under penalty of perjury to the employee's identity and employment authorization.CommentsClose CommentsPermalink





`(iii) NO CONTEST- If the prospective employee does not contest the further action notice within the period specified in clause (ii), a final nonconfirmation shall be issued and the employer shall record the nonconfirmation in such manner as the Secretary may specify.CommentsClose CommentsPermalink





`(iv) FINALITY- EEVS shall provide a final confirmation or nonconfirmation not later than 10 business days after a prospective employee contests the further action notice. If the employee is taking the steps required by the Secretary and the agency that the employee has contacted to resolve a further action notice, the Secretary shall extend the period of investigation until the secondary verification procedure allows the Secretary to provide a final confirmation or nonconfirmation. If the employee fails to take the steps required by the Secretary and the appropriate agency, a final nonconfirmation may be issued to that employee.CommentsClose CommentsPermalink





`(v) REEXAMINATION- Nothing in this section may be construed to prevent the Secretary from reexamining a case where a final confirmation has been provided if subsequently received information indicates that the individual may not be work authorized.CommentsClose CommentsPermalink





`(D) TERMINATION OF EMPLOYMENT- An employer may not terminate the employment of an individual solely because of the failure of the individual to have identity and work eligibility confirmed under this section until a nonconfirmation becomes final. When final confirmation or nonconfirmation is provided, the confirmation system shall provide an appropriate code indicating such confirmation or nonconfirmation.CommentsClose CommentsPermalink





`(8) CONSEQUENCES OF NONCONFIRMATION-CommentsClose CommentsPermalink





`(A) TERMINATION OF CONTINUED EMPLOYMENT- If the employer has received a final nonconfirmation regarding a prospective employee, the employer shall terminate employment, recruitment, or referral of the employee.CommentsClose CommentsPermalink





`(B) CONTINUED EMPLOYMENT AFTER FINAL NONCONFIRMATION- If the employer violates subparagraph (A), a rebuttable presumption is created that the employer has violated paragraphs (1)(A) and (2) of subsection (a).CommentsClose CommentsPermalink





`(C) EXCEPTION- Subparagraph (B) shall not apply in any prosecution under section 274A(e)(1).CommentsClose CommentsPermalink





`(9) OBLIGATION TO RESPOND TO QUERIES AND ADDITIONAL INFORMATION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Employers shall comply with requests from the Secretary through EEVS for information, including queries concerning current and former employees that relate to the functioning of EEVS, the accuracy of the responses provided by EEVS, and any suspected fraud or identity theft in the use of EEVS. Failure to comply with such a request is a violation of subsection (a)(1)(B).CommentsClose CommentsPermalink





`(B) FURTHER ACTION- Individuals being verified through EEVS may be required to take further action to address irregularities identified in the documents relied upon for purposes of employment verification. The employer shall communicate to the individual any such requirement for further actions and shall record the date and manner of such communication. The individual shall acknowledge in writing the receipt of this communication from the employer. Failure to communicate such a requirement is a violation of subsection (a)(1)(B).CommentsClose CommentsPermalink





`(C) ADDITIONAL REQUIREMENTS- The Secretary, with notice to the public provided in the Federal Register, may implement, clarify, and supplement the requirements of this paragraph to facilitate the functioning of EEVS or to prevent fraud or identity theft in the use of EEVS.CommentsClose CommentsPermalink





`(10) IMPERMISSIBLE USE OF EEVS-CommentsClose CommentsPermalink





`(A) An employer may not use EEVS to verify an individual before extending to the individual an offer of employment.CommentsClose CommentsPermalink





`(B) An employer may not require an individual to verify the individual's employment eligibility through EEVS as a condition of extending to that individual an offer of employment. Nothing in this subparagraph may be construed to prevent an employer from encouraging an employee or a prospective employee from verifying the employee's or a prospective employee's employment eligibility before obtaining employment pursuant to paragraph (12).CommentsClose CommentsPermalink





`(C) An employer may not terminate an individual's employment solely because that individual has been issued a further action notice.CommentsClose CommentsPermalink





`(D) An employer may not take the following actions solely because an individual has been issued a further action notice:CommentsClose CommentsPermalink





`(i) Reduce the salary, bonuses, or other compensation due to the employee.CommentsClose CommentsPermalink





`(ii) Suspend the employee without pay.CommentsClose CommentsPermalink





`(iii) Reduce the hours that the employee is required to work if such reduction is accompanied by a reduction in salary, bonuses, or other compensation due to the employee. An employer, with the agreement of an employee, may provide the employee with reasonable time off without pay in order to contest and resolve the further action notice received by the employee.CommentsClose CommentsPermalink





`(iv) Deny the employee the training necessary to perform the employment duties for which the employee has been hired.CommentsClose CommentsPermalink





`(E) An employer may not, in the course of utilizing the procedures for document verification set forth in subsection (c), require that a prospective employee present additional documents or different documents than those prescribed under that section.CommentsClose CommentsPermalink





`(F) The Secretary of Homeland Security shall develop the necessary policies and procedures to monitor the use of EEVS by employers and their compliance with the requirements set forth in this section. Employers shall comply with requests from the Secretary for information related to any monitoring, audit or investigation undertaken pursuant to this paragraph.CommentsClose CommentsPermalink





`(G) The Secretary of Homeland Security, in consultation with the Secretary of Labor, shall establish and maintain a process by which any employee (or any prospective employee who would otherwise have been hired) who has reason to believe that an employer has violated any of subparagraphs (A) through (E) may file a complaint against the employer.CommentsClose CommentsPermalink





`(H) Any employer found to have violated any of subparagraphs (A) through (E) shall pay a civil penalty in an amount not to exceed $10,000 for each violation.CommentsClose CommentsPermalink





`(I) This paragraph is not intended to, and does not, create any right, benefit, trust, or responsibility, whether substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities, entities, officers, employees, or agents, or any person, nor does it create any right of review in a judicial proceeding.CommentsClose CommentsPermalink





`(11) MODIFICATION OF REQUIREMENTS- If, based on a regular review of EEVS and the document verification procedures to identify fraudulent use and to assess the security of the documents being used to establish identity or employment authorization, the Secretary determines that modifications are necessary to ensure that EEVS accurately and reliably determines the work authorization of employees while providing protection against fraud and identity theft, the Secretary, in consultation with the Commissioner of Social Security and after publishing a notice the Federal Register, may modify--CommentsClose CommentsPermalink





`(A) the documents required to be presented to the employer;CommentsClose CommentsPermalink





`(B) the information required to be provided to EEVS by the employer; andCommentsClose CommentsPermalink





`(C) the procedures required to be followed by employers with respect to any aspect of EEVS.CommentsClose CommentsPermalink





`(12) SECURE SELF-VERIFICATION PROCEDURES- Subject to appropriate safeguards to prevent misuse of EEVS, the Secretary, in consultation with the Commissioner of Social Security, shall establish secure procedures to permit an individual, seeking to verify the individual's employment eligibility before obtaining or changing employment, to contact the appropriate agency and, in a timely manner, correct or update the information used by EEVS.CommentsClose CommentsPermalink





`(e) Protection From Liability for Actions Taken on the Basis of Information Provided by EEVS- No employer participating in EEVS may be held liable under any law for any employment-related action taken with respect to the employee in good faith reliance on information provided through EEVS.CommentsClose CommentsPermalink





`(f) Administrative Review-CommentsClose CommentsPermalink





`(1) FILING REQUIREMENT-CommentsClose CommentsPermalink





`(A) IN GENERAL- An individual who receives a final nonconfirmation notice may, not later than 15 days after the date that such notice is received, file an administrative appeal of such final notice. An individual who did not timely contest a further action notice may not file an administrative appeal under this paragraph. Unless the Secretary of Homeland Security, in consultation with the Commissioner of Social Security, specifies otherwise, all administrative appeals shall be filed in accordance with this paragraph.CommentsClose CommentsPermalink





`(B) NATIONALS OF THE UNITED STATES- An individual claiming to be a national of the United States shall file the administrative appeal with the Commissioner.CommentsClose CommentsPermalink





`(C) ALIENS- An individual claiming to be an alien authorized to work in the United States shall file the administrative appeal with the Secretary.CommentsClose CommentsPermalink





`(2) REVIEW FOR ERROR- The Secretary and the Commissioner shall each develop procedures for resolving administrative appeals regarding final nonconfirmations based upon the information that the individual has provided, including any additional evidence that was not previously considered. Appeals shall be resolved not later than 30 days after the individual submits all evidence relevant to the appeal. The Secretary and the Commissioner may, on a case by case basis for good cause, extend this period in order to ensure accurate resolution of the appeal. Administrative review under this subsection shall be limited to whether the final nonconfirmation notice is supported by the weight of the evidence.CommentsClose CommentsPermalink





`(3) ADMINISTRATIVE RELIEF- Relief available under this subsection is limited to an administrative order upholding, reversing, modifying, amending, or setting aside the final nonconfirmation notice.CommentsClose CommentsPermalink





`(4) DAMAGES, FEES AND COSTS- Money damages, fees, or costs may not be awarded in the administrative review process, and no court shall have jurisdiction to award any damages, fees or costs relating to such administrative review under the Equal Access to Justice Act (Public Law 96-481) or under any other law.CommentsClose CommentsPermalink





`(g) Judicial Review-CommentsClose CommentsPermalink





`(1) EXCLUSIVE PROCEDURE- Notwithstanding any other provision of law, including sections 1361 and 1651 of title 28, United States Code, no court shall have jurisdiction to consider any claim against the United States, or any of its agencies, officers, or employees, challenging or otherwise relating to a final nonconfirmation notice or to EEVS, except as specifically provided under this subsection.CommentsClose CommentsPermalink





`(2) PETITION FOR REVIEW-CommentsClose CommentsPermalink





`(A) IN GENERAL- A petition for review of a denial of a final administrative order upholding a final nonconfirmation notice shall be filed with the United States Court of Appeals for the judicial circuit in which the petitioner resided when the final nonconfirmation notice was issued.CommentsClose CommentsPermalink





`(B) SCOPE AND STANDARD FOR REVIEW- The court of appeals shall decide the petition only on the administrative record on which the final nonconfirmation order is based. The burden shall be on the petitioner to show that the administratively final nonconfirmation decision was arbitrary, capricious, not supported by substantial evidence, or otherwise not in accordance with law. Administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to reach a contrary conclusion.CommentsClose CommentsPermalink





`(3) EXHAUSTION OF ADMINISTRATIVE REMEDIES- A court may review an administratively final order of a nonconfirmation notice only if the petitioner has exhausted all administrative remedies available to the petitioner as of right.CommentsClose CommentsPermalink





`(4) LIMIT ON INJUNCTIVE RELIEF- Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court (other than the Supreme Court) shall have jurisdiction or authority to enjoin or restrain the operation of the provisions in this section.CommentsClose CommentsPermalink





`(h) Management of Employment Eligibility Verification System-CommentsClose CommentsPermalink





`(1) IN GENERAL- The Secretary shall establish, manage, and modify EEVS to--CommentsClose CommentsPermalink





`(A) respond to inquiries made by participating employers at any time through the Internet concerning an individual's identity and whether the individual is authorized to be employed;CommentsClose CommentsPermalink





`(B) maintain records of the inquiries that were made, of confirmations provided (or not provided), and of the codes provided to employers as evidence of their compliance with their obligations under EEVS; andCommentsClose CommentsPermalink





`(C) provide information to, and request action by, employers and individuals using the system, including notifying employers of the expiration or other relevant change in an employee's employment authorization, and directing an employer to convey to the employee a request to contact the appropriate Federal or State agency.CommentsClose CommentsPermalink





`(2) DESIGN AND OPERATION OF SYSTEM- EEVS shall be designed and operated--CommentsClose CommentsPermalink





`(A) to maximize its reliability and ease of use by employers consistent with insulating and protecting the privacy and security of the underlying information;CommentsClose CommentsPermalink





`(B) to respond accurately to all inquiries made by employers on whether individuals are authorized to be employed and to register any times when the system is unable to receive inquiries;CommentsClose CommentsPermalink





`(C) to maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information;CommentsClose CommentsPermalink





`(D) to allow for auditing use of the system to detect fraud and identify theft, and to preserve the security of the information in EEVS, including--CommentsClose CommentsPermalink





`(i) the development and use of algorithms to detect potential identity theft, such as multiple uses of the same identifying information or documents;CommentsClose CommentsPermalink





`(ii) the development and use of algorithms to detect misuse of EEVS by employers and employees;CommentsClose CommentsPermalink





`(iii) the development of capabilities to detect anomalies in the use of EEVS that may indicate potential fraud or misuse of EEVS; andCommentsClose CommentsPermalink





`(iv) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees;CommentsClose CommentsPermalink





`(E) to confirm identity and work authorization through verification of records maintained by the Secretary, other Federal departments, States, the Commonwealth of the Northern Mariana Islands, or an outlying possession of the United States, as determined necessary by the Secretary, including--CommentsClose CommentsPermalink





`(i) records maintained by the Social Security Administration as specified in paragraph (4), including photographs and any other biometric information as may be required;CommentsClose CommentsPermalink





`(ii) birth and death records maintained by vital statistics agencies of any State or other United States jurisdiction;CommentsClose CommentsPermalink





`(iii) passport and visa records, including photographs, maintained by the United States Department of State; andCommentsClose CommentsPermalink





`(iv) State driver's license or identity card information, including photographs, maintained by the department of motor vehicles of a State;CommentsClose CommentsPermalink





`(F) to electronically confirm the issuance of the employment authorization or identity document and to display the digital photograph that the issuer placed on the document so that the employer can compare the photograph displayed to the photograph on the document presented by the employee; andCommentsClose CommentsPermalink





`(G) if in exceptional cases a photograph is not available from the issuer, to implement an alternative procedure, as specified by the Secretary, for confirming the authenticity of a document described in subparagraph (F).CommentsClose CommentsPermalink





`(3) RULEMAKING- The Secretary is authorized, with notice to the public provided in the Federal Register, to issue regulations concerning operational and technical aspects of EEVS and the efficiency, accuracy, and security of EEVS.CommentsClose CommentsPermalink





`(4) ACCESS TO INFORMATION-CommentsClose CommentsPermalink





`(A) Notwithstanding any other provision of law, the Secretary of Homeland Security shall have access to relevant records described in paragraph (2)(E), for the purposes of preventing identity theft and fraud in the use of EEVS and enforcing the provisions of this section governing employment verification. A State or other non-Federal jurisdiction that does not provide such access shall not be eligible for any grant or other program of financial assistance administered by the Secretary.CommentsClose CommentsPermalink





`(B) The Secretary, in consultation with the Commissioner of Social Security and other appropriate Federal and State officials, shall develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the records accessed pursuant to this subsection and subsection (e)(5)(A). The Secretary, in consultation with the Commissioner and other appropriate Federal and State agencies, shall develop and deploy appropriate privacy and security training for the Federal and State employees accessing the records pursuant to this subsection and subsection (e)(5)(A).CommentsClose CommentsPermalink





`(C) The Chief Privacy Officer of the Department of Homeland Security shall conduct regular privacy audits of the policies and procedures established under subparagraph (B), including any collection, use, dissemination, and maintenance of personally identifiable information and any associated information technology systems, as well as scope of requests for this information. The Chief Privacy Officer shall review the results of the audits and recommend to the Secretary and the Privacy and Civil Liberties Oversight Board any changes necessary to improve the privacy protections of the program.CommentsClose CommentsPermalink





`(5) RESPONSIBILITIES OF THE SECRETARY OF HOMELAND SECURITY-CommentsClose CommentsPermalink





`(A) As part of EEVS, the Secretary shall establish a reliable, secure method, that--CommentsClose CommentsPermalink





`(i) compares the name, alien identification or authorization number, or other relevant information provided in an inquiry against such information maintained or accessed by the Secretary in order to confirm (or not confirm) the validity of the information provided, the correspondence of the name and number, whether the alien is authorized to be employed in the United States (or, to the extent that the Secretary determines to be feasible and appropriate, whether the Secretary's records verify United States citizenship), and such other information as the Secretary may prescribe; andCommentsClose CommentsPermalink





`(ii) displays the digital photograph described in paragraph (2)(F).CommentsClose CommentsPermalink





`(B) The Secretary shall have authority to prescribe when a confirmation, nonconfirmation or further action notice shall be issued.CommentsClose CommentsPermalink





`(C) The Secretary shall perform regular audits under EEVS in accordance with paragraph (2)(D) and shall utilize the information obtained from such audits and any information obtained from the Commissioner of Social Security pursuant to section 4 of the Worksite Enforcement Act of 2008, to improve immigration enforcement.CommentsClose CommentsPermalink





`(D) The Secretary shall make appropriate arrangements to allow employers who are otherwise unable to access EEVS to use Federal Government facilities or public facilities in order to utilize EEVS.CommentsClose CommentsPermalink





`(6) RESPONSIBILITIES OF THE SECRETARY OF STATE- As part of EEVS, the Secretary of State shall provide to the Secretary access to passport and visa information as needed to confirm that a passport or passport card presented under subsection (c)(1)(B) belongs to the subject of EEVS check, or that a passport or visa photograph matches an individual;CommentsClose CommentsPermalink





`(7) UPDATING INFORMATION- The Commissioner of Social Security, the Secretary of Homeland Security, and the Secretary of State shall update their information in a manner that promotes maximum accuracy and shall provide a process for the prompt correction of erroneous information.CommentsClose CommentsPermalink





`(i) Limitation on Use of EEVS- Notwithstanding any other provision of law, nothing in this section may be construed to permit any agency of the United States Government to utilize any information, database, or other records assembled under this section for any purpose other than for the enforcement and administration of the immigration laws, antiterrorism laws, or for enforcement of Federal criminal law related to the functions of EEVS, including prohibitions on forgery, fraud and identity theft.CommentsClose CommentsPermalink





`(j) Unauthorized Use or Disclosure of Information- Any employee of the Department of Homeland Security or another Federal or State agency who knowingly uses or discloses the information assembled under this subsection for a purpose other than the purpose authorized under this section shall pay a civil penalty for each such violation in an amount not less than $5,000 and not to exceed $50,000.CommentsClose CommentsPermalink





`(k) Funds- In addition to any funds otherwise appropriated, the Secretary of Homeland Security may use funds made available under subsections (m) and (n) of section 286, for the maintenance and operation of EEVS, which shall be considered an immigration adjudication service for purposes of such subsections.CommentsClose CommentsPermalink





`(l) Scope- The employer shall use the procedures for EEVS specified in this section for all employees without regard to national origin or citizenship status.CommentsClose CommentsPermalink





`(m) Conforming Amendment- Title IV of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is repealed.CommentsClose CommentsPermalink





`(n) Compliance-CommentsClose CommentsPermalink





`(1) COMPLAINTS AND INVESTIGATIONS- The Secretary of Homeland Security shall establish procedures--CommentsClose CommentsPermalink





`(A) for individuals and entities to file complaints respecting potential violations of subsection (a) or (f)(1);CommentsClose CommentsPermalink





`(B) for the investigation of those complaints which the Secretary determines should be investigated; andCommentsClose CommentsPermalink





`(C) for the investigation of such other violations of subsection (a) or (f)(1) as the Secretary determines to be appropriate.CommentsClose CommentsPermalink





`(2) AUTHORITY IN INVESTIGATIONS-CommentsClose CommentsPermalink





`(A) IN GENERAL- In conducting investigations and hearings under this subsection--CommentsClose CommentsPermalink





`(i) immigration officers shall have reasonable access to examine evidence of any employer being investigated; andCommentsClose CommentsPermalink





`(ii) immigration officers designated by the Secretary may compel by subpoena the attendance of witnesses and the production of evidence at any designated place in an investigation or case under this subsection.CommentsClose CommentsPermalink





`(B) ENFORCEMENT OF SUBPOENAS- In case of contumacy or refusal to obey a subpoena lawfully issued under this paragraph, the Secretary may request that the Attorney General apply in an appropriate district court of the United States for an order requiring compliance with such subpoena, and any failure to obey such order may be punished by such court as a contempt of such court. Failure to cooperate with such subpoena shall be subject to further penalties, including further fines and the voiding of any mitigation of penalties or termination of proceedings under paragraph (3)(B).CommentsClose CommentsPermalink





`(3) COMPLIANCE PROCEDURES-CommentsClose CommentsPermalink





`(A) PRE-PENALTY NOTICE- If the Secretary has reasonable cause to believe that there has been a civil violation of this section and determines that further proceedings are warranted, the Secretary shall issue to the employer concerned a written notice of the Department's intention to issue a claim for a monetary or other penalty. Such prepenalty notice shall--CommentsClose CommentsPermalink





`(i) describe the violation;CommentsClose CommentsPermalink





`(ii) specify the laws and regulations allegedly violated;CommentsClose CommentsPermalink





`(iii) disclose the material facts which establish the alleged violation; andCommentsClose CommentsPermalink





`(iv) inform such employer that he or she shall have a reasonable opportunity to make representations as to why a claim for a monetary or other penalty should not be imposed.CommentsClose CommentsPermalink





`(B) REMISSION OR MITIGATION OF PENALTIES- If any employer receives written prepenalty notice of a fine or other penalty in accordance with subparagraph (A), the employer may, not later than 15 days after receiving such notice, file with the Secretary a petition for the remission or mitigation of such fine or penalty, or a petition for termination of the proceedings. The petition may include any relevant evidence or proffer of evidence the employer wishes to present, and shall be filed and considered in accordance with procedures to be established by the Secretary. If the Secretary determines that such fine, penalty, or forfeiture was incurred erroneously, or that mitigating circumstances as to justify the remission or mitigation of such fine or penalty, the Secretary may remit or mitigate the same upon such terms and conditions as the Secretary considers reasonable and just, or order termination of any related proceedings. Such mitigating circumstances may include good faith compliance and participation in, or agreement to participate in, EEVS, if not otherwise required. This subparagraph shall not apply to an employer that has or is engaged in a pattern or practice of violating paragraph (1)(A), (1)(B), or (2) of subsection (a) or of any other requirement under this section.CommentsClose CommentsPermalink





`(C) PENALTY CLAIM- After considering any evidence and representations offered by the employer pursuant to subparagraph (B), the Secretary shall determine whether there was a violation and promptly issue a written final determination setting forth the findings of fact and conclusions of law on which the determination is based. If the Secretary determines that there was a violation, the Secretary shall issue the final determination with a written penalty claim. The penalty claim shall specify all charges in the information provided under clauses (i) through (iii) of subparagraph (A) and any mitigation or remission of the penalty that the Secretary determines to be appropriate.CommentsClose CommentsPermalink





`(4) CIVIL PENALTIES-CommentsClose CommentsPermalink





`(A) HIRING OR CONTINUING TO EMPLOY UNAUTHORIZED ALIENS- Any employer that violates any provision under paragraph (1)(A) or (2) of subsection (a)--CommentsClose CommentsPermalink





`(i) shall pay a civil penalty of $5,000 for each unauthorized alien with respect to which such violation occurred;CommentsClose CommentsPermalink





`(ii) if an employer has previously been fined under subsection (d)(4)(A), shall pay a civil penalty of $10,000 for each unauthorized alien with respect to which such violation occurred;CommentsClose CommentsPermalink





`(iii) if an employer has previously been fined more than once under subsection (d)(4)(A), shall pay a civil penalty of $25,000 for each unauthorized alien with respect to which such violation occurred in addition to any penalties previously assessed if the employer failed to comply with a previously issued and final order under this section;CommentsClose CommentsPermalink





`(iv) if an employer has previously been fined more than twice under subsection (d)(4)(A), shall pay a civil penalty of $75,000 for each alien with respect to which such violation occurred; andCommentsClose CommentsPermalink





`(v) shall, in addition to any penalties assessed under clauses (i) through (iv), be fined $75,000 for each violation if the employer failed to comply with a previously issued and final order under this section.CommentsClose CommentsPermalink





`(B) RECORDKEEPING OR VERIFICATION PRACTICES- Any employer that violates or fails to comply with any requirement under subsection (b), (c), or (d)--CommentsClose CommentsPermalink





`(i) shall pay a civil penalty of $1,000 for each such violation;CommentsClose CommentsPermalink





`(ii) if an employer has previously been fined under subsection (d)(4)(B), shall pay a civil penalty of $2,000 for each such violation;CommentsClose CommentsPermalink





`(iii) if an employer has previously been fined more than once under subsection (d)(4)(B), shall pay a civil penalty of $5,000 for each such violation in addition to any penalties previously assessed if the employer failed to comply with a previously issued and final order under this section;CommentsClose CommentsPermalink





`(iv) if an employer has previously been fined more than twice under subsection (d)(4)(B), shall pay a civil penalty of $15,000 for each violation; andCommentsClose CommentsPermalink





`(v) shall, in addition to any penalties previously assessed, be fined $15,000 for each such violation if the employer failed to comply with a previously issued and final order under this section.CommentsClose CommentsPermalink





`(C) OTHER PENALTIES- The Secretary may impose additional penalties for violations, including cease and desist orders, specially designed compliance plans to prevent further violations, suspended fines to take effect in the event of a further violation, and in appropriate cases, the remedy provided by subsection (f)(2). All penalties in this section may be adjusted every 4 years to account for inflation as provided by law.CommentsClose CommentsPermalink





`(D) REDUCTION OR MITIGATION OF PENALTIES- The Secretary may reduce or mitigate penalties imposed upon employers, based upon factors including the employer's hiring volume, compliance history, good-faith implementation of a compliance program, participation in a temporary worker program, and voluntary disclosure of violations of this subsection to the Secretary.CommentsClose CommentsPermalink





`(5) ORDER OF INTERNAL REVIEW AND CERTIFICATION OF COMPLIANCE- If the Secretary has reasonable cause to believe that an employer has failed to comply with this section, the Secretary is authorized, at any time, to require that the employer certify that it is in compliance with this section, or has instituted a program to come into compliance. Not later than 60 days after receiving a notice from the Secretary requiring such a certification, the employer's chief executive officer or similar official with responsibility for, and authority to bind the company on, all hiring and immigration compliance notices shall certify under penalty of perjury that the employer is in conformance with the requirements of paragraphs (1) through (4) of subsection (c), pertaining to document verification requirements, and with any additional requirements that the Secretary may promulgate by regulation pursuant to subsections (c) and (k), or that the employer has instituted a program to come into compliance with these requirements. At the request of the employer, the Secretary may extend the 60-day deadline for good cause. The Secretary may publish in the Federal Register standards or methods for such certification, require specific recordkeeping practices with respect to such certifications, and audit such records at any time. The authority granted under this paragraph may not be construed to diminish or qualify any other penalty provided under this section.CommentsClose CommentsPermalink





`(6) JUDICIAL REVIEW-CommentsClose CommentsPermalink





`(A) IN GENERAL- Notwithstanding any other provision of law, including sections 1361 and 1651 of title 28, United States Code, no court shall have jurisdiction to consider a final determination or penalty claim issued under paragraph (3)(C), except as specifically provided under this paragraph. Except as specifically provided in this paragraph, judicial review of a final determination under paragraph (4) shall be governed exclusively under chapter 158 of such title 28. The filing of a petition under this paragraph shall stay the Secretary's determination until entry of judgment by the court. The Secretary may require that petitioner provide, prior to filing for review, security for payment of fines and penalties through bond or other guarantee of payment acceptable to the Secretary.CommentsClose CommentsPermalink





`(B) REQUIREMENTS FOR REVIEW OF A FINAL DETERMINATION- With respect to judicial review of a final determination or penalty claim issued under paragraph (3)(C), the following requirements shall apply:CommentsClose CommentsPermalink





`(i) DEADLINE- The petition for review shall be filed not later than 30 days after the date of the final determination or penalty claim issued under paragraph (3)(C).CommentsClose CommentsPermalink





`(ii) VENUE AND FORMS- The petition for review shall be filed with the court of appeals for the judicial circuit wherein the employer resided when the final determination or penalty claim was issued. The record and briefs do not have to be printed. The court of appeals shall review the proceeding on a typewritten record and on typewritten briefs.CommentsClose CommentsPermalink





`(iii) SERVICE- The respondent is either the Secretary of Homeland Security or the Commissioner of Social Security, but not both, depending upon who issued (or affirmed) the final nonconfirmation notice. In addition to serving the respondent, the petitioner must also serve the Attorney General.CommentsClose CommentsPermalink





`(iv) Petitioner's BRIEF- The petitioner shall serve and file a brief in connection with a petition for judicial review not later than 40 days after the date on which the administrative record is available, and may serve and file a reply brief not later than 14 days after service of the brief of the respondent, and the court may not extend these deadlines, except for good cause shown. If a petitioner fails to file a brief within the time provided in this paragraph, the court shall dismiss the appeal unless a manifest injustice would result.CommentsClose CommentsPermalink





`(v) SCOPE AND STANDARD FOR REVIEW- The court of appeals shall decide the petition only on the administrative record on which the final determination is based. The burden shall be on the petitioner to show that the final determination was arbitrary, capricious, not supported by substantial evidence, or otherwise not in accordance with law. Administrative findings of fact are conclusive unless any reasonable adjudicator would be compelled to conclude to the contrary.CommentsClose CommentsPermalink





`(C) EXHAUSTION OF ADMINISTRATIVE REMEDIES- A court may review a final determination under paragraph (3)(C) only if--CommentsClose CommentsPermalink





`(i) the petitioner has exhausted all administrative remedies available to the petitioner as of right; andCommentsClose CommentsPermalink





`(ii) another court has not decided the validity of the order, unless the reviewing court finds that the petition presents grounds that could not have been presented in the prior judicial proceeding or that the remedy provided by the prior proceeding was inadequate or ineffective to test the validity of the order.CommentsClose CommentsPermalink





`(D) LIMIT ON INJUNCTIVE RELIEF- Regardless of the nature of the action or claim or of the identity of the party or parties bringing the action, no court, except for the Supreme Court, shall have jurisdiction or authority to enjoin or restrain the operation of the provisions in this section, other than with respect to the application of such provisions to an individual petitioner.CommentsClose CommentsPermalink





`(7) ENFORCEMENT OF ORDERS- If an employer fails to comply with a final determination issued against such employer under this subsection, and the final determination is not subject to review under paragraph (6), the Attorney General may file suit to enforce compliance with the final determination in any appropriate district court of the United States. In any such suit, the validity and appropriateness of the final determination shall not be subject to review.CommentsClose CommentsPermalink





`(8) LIENS-CommentsClose CommentsPermalink





`(A) CREATION OF LIEN- If any employer is held liable for a fee or penalty under this section, neglects or refuses to pay such liability, and fails to file a petition for review under paragraph (6), such liability is a lien in favor of the United States on all property and rights to property of such person as if the liability of such person were a liability for a tax assessed under the Internal Revenue Code of 1986. If a petition for review is filed under paragraph (6), the lien shall arise upon the entry of a final judgment by the court and shall continue for 20 years or until the liability is satisfied, remitted, set aside, or terminated.CommentsClose CommentsPermalink





`(B) EFFECT OF FILING NOTICE OF LIEN- Upon filing a notice of lien in the manner in which a notice of tax lien would be filed under paragraphs (1) and (2) of section 6323(f) of the Internal Revenue Code of 1986, the lien shall be valid against any purchaser, holder of a security interest, mechanic's lien or judgment lien creditor, except with respect to properties or transactions specified in subsection (b), (c), or (d) of such section 6323 for which a notice of tax lien properly filed on the same date would not be valid. The notice of lien shall be considered a notice of lien for taxes payable to the United States for the purpose of any State or local law providing for the filing of a notice of a tax lien. A notice of lien that is registered, recorded, docketed, or indexed in accordance with the rules and requirements relating to judgments of the courts of the State where the notice of lien is registered, recorded, docketed, or indexed shall be considered for all purposes as the filing prescribed by this section. The provisions of section 3201(e) of title 28, United States Code, shall apply to liens filed under this section.CommentsClose CommentsPermalink





`(C) ENFORCEMENT OF A LIEN- A lien obtained through this process shall be considered a debt (as defined in section 3002 of title 28, United States Code) and enforceable pursuant to subchapter C of chapter 176 of title 28, United States Code (commonly known as the Federal Debt Collection Procedures Act).CommentsClose CommentsPermalink





`(o) Criminal Penalties and Injunctions for Pattern or Practice Violations-CommentsClose CommentsPermalink





`(1) CRIMINAL PENALTY- Any employer that engages in a pattern or practice of knowing violations of paragraph (1)(A) or (2) of subsection (a) shall be fined not more than $75,000 for each unauthorized alien with respect to whom such a violation occurs, imprisoned for not more than 6 months for the entire pattern or practice, or both.CommentsClose CommentsPermalink





`(2) ENJOINING OF PATTERN OR PRACTICE VIOLATIONS- If the Secretary of Homeland Security or the Attorney General has reasonable cause to believe that an employer is engaged in a pattern or practice of employment, recruitment, or referral in violation of paragraph (1)(A) or (2) of subsection (a), the Attorney General may bring a civil action in the appropriate district court of the United States requesting such relief, including a permanent or temporary injunction, restraining order, or other order against the employer, as the Secretary determines to be necessary.CommentsClose CommentsPermalink





`(p) Prohibition of Indemnity Bonds-CommentsClose CommentsPermalink





`(1) PROHIBITION- It is unlawful for an employer, in the hiring, recruiting, or referring for employment of any individual, to require the individual to post a bond or security, to pay or agree to pay an amount, or otherwise to provide a financial guarantee or indemnity, against any potential liability arising under this section relating to such hiring, recruiting, or referring of the individual.CommentsClose CommentsPermalink





`(2) CIVIL PENALTY- If the Secretary determines, after notice and opportunity for mitigation of the monetary penalty under subsection (d), that an employer has violated paragraph (1), the employer shall be subject to a civil penalty of $10,000 for each violation and to an administrative order requiring the return of any amounts received in violation of such paragraph to the employee or, if the employee cannot be located, to the general fund of the Treasury.CommentsClose CommentsPermalink





`(q) Government Contracts-CommentsClose CommentsPermalink





`(1) EMPLOYERS-CommentsClose CommentsPermalink





`(A) IN GENERAL- If the Secretary determines that an employer who does not hold Federal contracts, grants, or cooperative agreements is a repeat violator of this section or is convicted of a crime under this section, the employer shall be subject to debarment from the receipt of Federal contracts, grants, or cooperative agreements for a period not to exceed 2 years in accordance with the procedures and standards prescribed by the Federal Acquisition Regulations.CommentsClose CommentsPermalink





`(B) NOTIFICATION; LISTING- The Secretary or the Attorney General shall notify the Administrator of General Services of any such debarment, and the Administrator of General Services shall list the employer on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs for the period of the debarment.CommentsClose CommentsPermalink





`(C) WAIVER; LIMITATION- The Administrator of General Services, in consultation with the Secretary and Attorney General, may waive operation of this subsection or may limit the duration or scope of the debarment.CommentsClose CommentsPermalink





`(D) RULEMAKING- The Secretary shall promulgate a regulation, in accordance with the requirements under section 553 of title 5, United States Code, that defines the term `repeat violator' for purposes of this subsection.CommentsClose CommentsPermalink





`(2) CONTRACTORS AND RECIPIENTS-CommentsClose CommentsPermalink





`(A) IN GENERAL- If the Secretary determines that an employer who holds Federal contracts, grants, or cooperative agreements is a repeat violator of this section or is convicted of a crime under this section, the employer shall be subject to debarment from the receipt of Federal contracts, grants, or cooperative agreements for a period not to exceed 2 years in accordance with the procedures and standards prescribed by the Federal Acquisition Regulations.CommentsClose CommentsPermalink





`(B) NOTIFICATION- Before such debarment, the Secretary, in cooperation with the Administrator of General Services, shall notify all agencies holding contracts, grants, or cooperative agreements with the employer of the proceedings to debar the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period not to exceed 2 years.CommentsClose CommentsPermalink





`(C) WAIVER; LIMITATION- After consideration of the views of agencies holding contracts, grants or cooperative agreements with the employer, the Secretary may, instead of debarring the employer from receiving new Federal contracts, grants, or cooperative agreements for a period not to exceed 2 years, waive operation of this subsection, limit the duration or scope of the proposed debarment, or may refer to an appropriate lead agency the decision of whether to seek debarment of the employer, for what duration, and under what scope in accordance with the procedures and standards prescribed by the Federal Acquisition Regulation.CommentsClose CommentsPermalink





`(D) REVIEW- Any proposed debarment predicated on an administrative determination of liability for civil penalty by the Secretary or the Attorney General shall not be reviewable in any debarment proceeding.CommentsClose CommentsPermalink





`(3) SUSPENSION- Indictments for violations of this section or adequate evidence of actions that could form the basis for debarment under this subsection shall be considered a cause for suspension under the procedures and standards for suspension prescribed by the Federal Acquisition Regulation.CommentsClose CommentsPermalink





`(4) INADVERTENT VIOLATIONS- Inadvertent violations of recordkeeping or verification requirements, in the absence of any other violations of this section, shall not be a basis for determining that an employer is a repeat violator for purposes of this subsection.CommentsClose CommentsPermalink





`(r) Documentation- In providing documentation or endorsement of authorization of aliens (other than aliens lawfully admitted for permanent residence) authorized to be employed in the United States, the Secretary shall provide that any limitations with respect to the period or type of employment or employer shall be conspicuously stated on the documentation or endorsement.CommentsClose CommentsPermalink





`(s) Deposit of Amounts Received- Except as otherwise specified, civil penalties collected under this section shall be deposited by the Secretary into the general fund of the Treasury.CommentsClose CommentsPermalink





`(t) No Match Notice-CommentsClose CommentsPermalink





`(1) IN GENERAL- For the purpose of this subsection, a no match notice is written notice from the Social Security Administration to an employer reporting earnings on a Form W-2 that employees' names or corresponding social security account numbers fail to match SSA records. The Secretary, in consultation with the Commissioner of Social Security, is authorized to establish by regulation requirements for verifying the identity and work authorization of employees who are the subject of no-match notices.CommentsClose CommentsPermalink





`(2) RULEMAKING- The Secretary shall establish, by regulation, a reasonable period during which an employer shall allow an employee who is subject to a no match notice to resolve the no match notice with no adverse employment consequences to the employee. The Secretary may establish, by regulation, penalties for noncompliance.CommentsClose CommentsPermalink





`(u) Challenges to Validity-CommentsClose CommentsPermalink





`(1) IN GENERAL- Any right, benefit, or claim not otherwise waived or limited under this section is available in an action instituted in the United States District Court for the District of Columbia. Such action shall be limited to determinations of--CommentsClose CommentsPermalink





`(A) whether this section, or any regulation issued to implement this section, violates the Constitution of the United States; orCommentsClose CommentsPermalink





`(B) whether such a regulation issued by or under the authority of the Secretary to implement this section, is contrary to applicable provisions of this section or was issued in violation of chapter 5 of title 5, United States Code.CommentsClose CommentsPermalink





`(2) DEADLINES FOR BRINGING ACTIONS- Any action instituted under this paragraph shall be filed not later than 90 days after the date the challenged section or regulation described in subparagraph (A) or (B) of paragraph (1) is first implemented.CommentsClose CommentsPermalink





`(3) CLASS ACTIONS- The court may not certify a class under Rule 23 of the Federal Rules of Civil Procedure in any action under this section.CommentsClose CommentsPermalink





`(4) RULE OF CONSTRUCTION- In determining whether the Secretary's interpretation regarding any provision of this section is contrary to law, a court shall accord to such interpretation the maximum deference permissible under the Constitution.CommentsClose CommentsPermalink





`(5) NO ATTORNEYS' FEES- Notwithstanding any other provision of law, the court shall not award fees or other expenses to any person or entity based upon any action relating to this section that is brought under this subsection.CommentsClose CommentsPermalink





`(v) Notification of Expiration of Admission- Notwithstanding any other provision of this Act, an employer or educational institution shall notify an alien in writing of the expiration of the alien's period of authorized admission not later than 14 days before such eligibility expires.'.CommentsClose CommentsPermalink

SEC. 3. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION TO ASSIST IN IMMIGRATION ENFORCEMENT.

(a) Disclosure of Certain Taxpayer Identity Information-CommentsClose CommentsPermalink





(1) IN GENERAL- Section 6103(l) of the Internal Revenue Code of 1986 is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(21) DISCLOSURE OF CERTAIN TAXPAYER IDENTITY INFORMATION BY SOCIAL SECURITY ADMINISTRATION TO DEPARTMENT OF HOMELAND SECURITY-CommentsClose CommentsPermalink





`(A) IN GENERAL- From taxpayer identity information or other information which has been disclosed or otherwise made available to the Social Security Administration and upon written request by the Secretary of Homeland Security (referred to in this paragraph as the `Secretary'), the Commissioner of Social Security shall disclose directly to officers, employees, and contractors of the Department of Homeland Security--CommentsClose CommentsPermalink





`(i) the taxpayer identity information of each person who has filed an information return required by reason of section 6051 after calendar year 2005 and before the date specified in subparagraph (D) which contains--CommentsClose CommentsPermalink





`(I) 1 (or any greater number the Secretary shall request) taxpayer identifying number, name, and address of any employee (within the meaning of such section) that did not match the records maintained by the Commissioner of Social Security, orCommentsClose CommentsPermalink





`(II) 2 (or any greater number the Secretary shall request) names, and addresses of employees (within the meaning of such section), with the same taxpayer identifying number,CommentsClose CommentsPermalink





and the taxpayer identity of each such employee, andCommentsClose CommentsPermalink





`(ii) the taxpayer identity of each person who has filed an information return required by reason of section 6051 after calendar year 2005 and before the date specified in subparagraph (D) which contains the taxpayer identifying number (assigned under section 6109) of an employee (within the meaning of section 6051)--CommentsClose CommentsPermalink





`(I) who is under the age of 14 (or any lesser age the Secretary shall request), according to the records maintained by the Commissioner of Social Security,CommentsClose CommentsPermalink





`(II) whose date of death, according to the records so maintained, occurred in a calendar year preceding the calendar year for which the information return was filed,CommentsClose CommentsPermalink





`(III) whose taxpayer identifying number is contained in more than one (or any greater number the Secretary shall request) information return filed in such calendar year, orCommentsClose CommentsPermalink





`(IV) who is not authorized to work in the United States, according to the records maintained by the Commissioner of Social Security,CommentsClose CommentsPermalink





and the taxpayer identity and date of birth of each such employee.CommentsClose CommentsPermalink





`(B) REIMBURSEMENT- The Secretary shall transfer to the Commissioner the funds necessary to cover the additional cost directly incurred by the Commissioner in carrying out the searches or manipulations requested by the Secretary.'CommentsClose CommentsPermalink





(2) COMPLIANCE BY DHS CONTRACTORS WITH CONFIDENTIALITY SAFEGUARDS- Section 6103(p) of such Code is amended by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(9) DISCLOSURE TO DHS CONTRACTORS- Notwithstanding any other provision of this section, no return or return information shall be disclosed to any contractor of the Department of Homeland Security unless such Department, to the satisfaction of the Secretary--CommentsClose CommentsPermalink





`(A) has requirements in effect which require each such contractor which would have access to returns or return information to provide safeguards (within the meaning of paragraph (4)) to protect the confidentiality of such returns or return information,CommentsClose CommentsPermalink





`(B) agrees to conduct an on-site review every 3 years (mid-point review in the case of contracts or agreements of less than 3 years in duration) of each contractor to determine compliance with such requirements,CommentsClose CommentsPermalink





`(C) submits the findings of the most recent review conducted under subparagraph (B) to the Secretary as part of the report required by paragraph (4)(E), andCommentsClose CommentsPermalink





`(D) submits a certification to the Secretary for the most recent annual period that includes the name and address of each contractor, a description of the contract or agreement with such contractor, and the duration of such contract or agreement, and certifies that such contractor is in compliance with all such requirements.'.CommentsClose CommentsPermalink





(3) CONFORMING AMENDMENTS-CommentsClose CommentsPermalink





(A) Section 6103(a)(3) of such Code is amended by striking `or (20)' and inserting `(20), or (21)'.CommentsClose CommentsPermalink





(B) Section 6103(p)(3)(A) of such Code is amended by adding at the end the following new sentence: `The Commissioner of Social Security shall provide to the Secretary such information as the Secretary may require in carrying out this paragraph with respect to return information inspected or disclosed under the authority of subsection (l)(21).'.CommentsClose CommentsPermalink





(C) Section 6103(p)(4) of such Code is amended--CommentsClose CommentsPermalink





(i) by striking `or (17)' both places it appears and inserting `(17), or (21)'; andCommentsClose CommentsPermalink





(ii) by striking `or (20)' each place it appears and inserting `(20), or (21)'.CommentsClose CommentsPermalink





(D) Section 6103(p)(8)(B) of such Code is amended by inserting `or paragraph (9)' after `subparagraph (A)'.CommentsClose CommentsPermalink





(E) Section 7213(a)(2) of such Code is amended by striking `or (20)' and inserting `(20), or (21)'.CommentsClose CommentsPermalink





(b) Falsely Claiming Citizenship or Nationality- Section 212(a)(6)(C)(ii)(I) of the Immigration and Nationality Act (8 U.S.C. 1182(a)(6)(C)(ii)(I) is amended by inserting `or national' after `citizen'.CommentsClose CommentsPermalink





(c) Repeal of Reporting Requirements-CommentsClose CommentsPermalink





(1) REPORT ON EARNINGS OF ALIENS NOT AUTHORIZED TO WORK- Section 290(c) of the Immigration and Nationality Act (8 U.S.C. 1360) is repealed.CommentsClose CommentsPermalink





(2) REPORT ON FRAUDULENT USE OF SOCIAL SECURITY ACCOUNT NUMBERS- Section 414(b) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 8 U.S.C. 1360 note) is repealed.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated to the Secretary of Homeland Security such sums as are necessary to carry out the amendments made by this section.CommentsClose CommentsPermalink





(e) Effective Dates-CommentsClose CommentsPermalink





(1) IN GENERAL- The amendments made by subsection (a) shall apply to disclosures made on or after the date of the enactment of this Act.CommentsClose CommentsPermalink





(2) CERTIFICATIONS- The first certification under section 6103(p)(9)(D) of the Internal Revenue Code of 1986, as added by subsection (a)(2), shall be made with respect to calendar year 2007.CommentsClose CommentsPermalink





(3) REPEALS- The repeals made by subsection (c) shall take effect on the date of the enactment of this Act.CommentsClose CommentsPermalink

SEC. 4. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.

(a) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant Social Security Cards-CommentsClose CommentsPermalink





(1) ISSUANCE- Not later than the first day of the second fiscal year in which amounts are appropriated pursuant to subsection (e), the Commissioner of Social Security shall begin to administer and issue fraud-resistant, tamper-resistant, and wear-resistant social security cards displaying a photograph.CommentsClose CommentsPermalink





(2) INTERIM- Not later than the first day of the seventh fiscal year in which amounts are appropriated pursuant to subsection (e), the Commissioner of Social Security shall issue only fraud-resistant, tamper-resistant, and wear-resistant social security cards displaying a photograph.CommentsClose CommentsPermalink





(3) COMPLETION- Not later than the first day of the tenth fiscal year in which amounts are appropriated pursuant to subsection (e), all social security cards that are not fraud-resistant, tamper-resistant, and wear-resistant shall be invalid for establishing employment authorization for any individual 16 years of age or older.CommentsClose CommentsPermalink





(4) EXEMPTION- Nothing in this section may be construed to--CommentsClose CommentsPermalink





(A) require an individual under the age of 16 years to be issued or to present for any purpose a social security card described in this subsection, unless needed to establish employment authorization; orCommentsClose CommentsPermalink





(B) prohibit the Commissioner of Social Security from issuing a social security card that does not meet the requirements under this subsection to an individual under the age of 16 years who otherwise meets the eligibility requirements for a social security card.CommentsClose CommentsPermalink





(b) Additional Duties of the Social Security Administration- In accordance with the responsibilities of the Commissioner of Social Security under section 205(c)(2)(I) of the Social Security Act, as added by section 7 of this Act, the Commissioner--CommentsClose CommentsPermalink





(1) shall issue a social security card to an individual at the time of the issuance of a social security account number to such individual, which card shall--CommentsClose CommentsPermalink





(A) contain such security and identification features as determined by the Secretary of Homeland Security, in consultation with the Commissioner; andCommentsClose CommentsPermalink





(B) be fraud-resistant, tamper-resistant, and wear-resistant;CommentsClose CommentsPermalink





(2) in consultation with the Secretary, shall issue regulations specifying such particular security and identification features, renewal requirements (including updated photographs), and standards for the social security card as necessary to be acceptable for purposes of establishing identity and employment authorization under the immigration laws of the United States; andCommentsClose CommentsPermalink





(3) may not issue a replacement social security card to any individual unless the Commissioner determines that the purpose for requiring the issuance of the replacement document is legitimate.CommentsClose CommentsPermalink





(c) Reporting Requirements-CommentsClose CommentsPermalink





(1) REPORT ON THE USE OF IDENTIFICATION DOCUMENTS- Not later than the first day of the tenth fiscal year in which amounts are appropriated pursuant to subsection (e), the Secretary shall submit to Congress a report recommending which documents, if any, among those described in section 274A(c)(1) of the Immigration and Nationality Act, should continue to be used to establish identity and employment authorization in the United States.CommentsClose CommentsPermalink





(2) REPORT ON IMPLEMENTATION-CommentsClose CommentsPermalink





(A) IN GENERAL- Not later than 12 months after the date on which the Commissioner begins to administer and issue fraud-resistant, tamper-resistant, and wear-resistant cards under subsection (d)(1), and annually thereafter, the Commissioner shall submit to Congress a report on the implementation of this section.CommentsClose CommentsPermalink





(B) CONTENTS- The report submitted under subparagraph (A) shall include an analysis of--CommentsClose CommentsPermalink





(i) the amounts needed to be appropriated to implement this section; andCommentsClose CommentsPermalink





(ii) any measures taken to protect the privacy of individuals who hold social security cards described in this section.CommentsClose CommentsPermalink





(d) Access to Social Security Card Information- Section 205(c)(2)(I)(i) of the Social Security Act, as added by section 7 of this Act, is further amended by inserting at the end of the flush text at the end the following: `As part of the employment eligibility verification system established under section 274A of the Immigration and Nationality Act, the Commissioner of Social Security shall provide to the Secretary of Homeland Security access to any photograph, other feature, or information included in the social security card.'.CommentsClose CommentsPermalink





(e) Authorization of Appropriations- There are authorized to be appropriated such sums as may be necessary to carry out this section and the amendments made by this section.CommentsClose CommentsPermalink

SEC. 5. INCREASING SECURITY AND INTEGRITY OF IDENTITY DOCUMENTS.

(a) Purpose- The Secretary of Homeland Security, shall establish the State Records Improvement Grant Program (referred to in this section as the `Program'), under which the Secretary may award grants to States for the purpose of advancing the purposes of this Act and of issuing or implementing plans to issue driver's license and identity cards that--CommentsClose CommentsPermalink





(1) can be used for purposes of verifying identity under section 274A of the Immigration and Nationality Act, as added by section 2 of this Act; andCommentsClose CommentsPermalink





(2) comply with the State license requirements under section 202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note).CommentsClose CommentsPermalink





(b) Ineligibility- States that do not certify their intent to comply with the provisions of the REAL ID Act of 2005 or do not submit a compliance plan acceptable to the Secretary are not eligible to receive a grant under the Program. Driver's license or identification cards issued by States that do not comply with the provisions of the REAL ID Act of 2005 may not be used to verify identity under section 274A of the Immigration and Nationality Act, except under conditions approved by the Secretary.CommentsClose CommentsPermalink





(c) Grants and Contracts Authorized-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary is authorized to award grants, subject to the availability of appropriations, to a State to provide assistance to such State agency to meet the deadlines for the issuance of a driver's license which meets the requirements of section 202 of the REAL ID Act of 2005 (division B of Public Law 109-13; 49 U.S.C. 30301 note).CommentsClose CommentsPermalink





(2) DURATION- Grants may be awarded under this subsection during fiscal years 2009 through 2013.CommentsClose CommentsPermalink





(3) COMPETITIVE BASIS- The Secretary shall give priority to States whose plan to implement the provisions of the REAL ID Act of 2005 is compatible with the employment verification systems, processes, and implementation schedules set forth in section 274A of the Immigration and Nationality Act, as determined by the Secretary. Minimum standards for compatibility will include the ability of the State to promptly verify the document and provide access to the digital photograph displayed on the document.CommentsClose CommentsPermalink





(4) FUNDING OPTIONS- If the Secretary of Homeland Security determines that compliance with the provisions of the REAL ID Act of 2005 and with the requirements of the employment verification system can best be met by awarding grants or contracts to a State, a group of States, a government agency, or a private entity, the Secretary may utilize Program funds to award such a grant, grants, contract or contracts.CommentsClose CommentsPermalink





(5) IMPROVING ACCURACY AND AVAILABILITY OF RECORDS- On an expedited basis, the Secretary shall award grants or contracts for the purpose of improving the accuracy and electronic availability of states' records of births, deaths, driver's licenses, and of other records necessary for implementation of the Employment Eligibility Verification System and as otherwise necessary to advance the purposes of this Act.CommentsClose CommentsPermalink





(d) Use of Funds- Grants or contracts awarded pursuant to the Program may be used to assist State compliance with the requirements under the REAL ID Act of 2005, including--CommentsClose CommentsPermalink





(1) upgrading and maintaining technology;CommentsClose CommentsPermalink





(2) obtaining equipment;CommentsClose CommentsPermalink





(3) hiring additional personnel;CommentsClose CommentsPermalink





(4) covering operational costs, including overtime; andCommentsClose CommentsPermalink





(5) acquiring such other resources as are available to assist such grantee.CommentsClose CommentsPermalink





(e) Application-CommentsClose CommentsPermalink





(1) IN GENERAL- Each eligible state seeking a grant under this section shall submit an application to the Secretary at such time, in such manner, and accompanied by such information as the Secretary may reasonably require.CommentsClose CommentsPermalink





(2) CONTENTS- Each application submitted pursuant to paragraph (1) shall--CommentsClose CommentsPermalink





(A) describe the activities for which assistance under this section is sought; andCommentsClose CommentsPermalink





(B) provide such additional assurances as the Secretary determines to be essential to ensure compliance with the requirements of this section.CommentsClose CommentsPermalink





(f) Conditions- All grants under the Program shall be conditioned on the recipient--CommentsClose CommentsPermalink





(1) certifying compliance with the provisions under the REAL ID Act of 2005 and providing implementation plans that are acceptable to the Secretary, including--CommentsClose CommentsPermalink





(A) the adoption of appropriate security measures to protect against improper issuance of driver's licenses and identity cards, tampering with electronic issuance systems, and identity theft as the Secretary may prescribe;CommentsClose CommentsPermalink





(B) ensuring introduction and maintenance of such security features and other measures necessary to make the documents issued by recipient resistant to tampering, counterfeiting, and fraudulent use as the Secretary may prescribe; andCommentsClose CommentsPermalink





(C) ensuring implementation and maintenance of such safeguards for the security of the information contained on these documents as the Secretary may prescribe;CommentsClose CommentsPermalink





(2) agreeing to adhere to the timetables and procedures for issuing driver's licenses and identification cards that comply with the provisions of the REAL ID Act of 2005, as required under section 274A(c)(1)(F) of the Immigration and Nationality Act; andCommentsClose CommentsPermalink





(3) agreeing to implement the requirements of this Act and any implementing regulations to the satisfaction of the Secretary of Homeland Security.CommentsClose CommentsPermalink





(g) Authorization of Appropriations- There are authorized to be appropriated $300,000,000 for each of fiscal years 2009 through 2013 to carry out the provisions of this section.CommentsClose CommentsPermalink





(h) Supplement Not Supplant- Amounts appropriated for grants under this section shall be used to supplement and not supplant other State and local public funds obligated for the purposes provided under this title.CommentsClose CommentsPermalink





(i) Additional Uses- Amounts authorized under this section may also be used to assist in sharing of law enforcement information between States and the Department of Homeland Security, at the discretion of the Secretary of Homeland Security.CommentsClose CommentsPermalink

SEC. 6. VOLUNTARY ADVANCED VERIFICATION PROGRAM TO COMBAT IDENTITY THEFT.

(a) Voluntary Advanced Verification Program-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 18 months after the date of the enactment of this Act, the Secretary shall establish and make available to willing employers a voluntary program, to be known as the Voluntary Advanced Verification Program, to allow employers to submit and verify an employee's fingerprints for purposes of determining the identity and work authorization of the employee.CommentsClose CommentsPermalink





(2) VOLUNTARY PARTICIPATION- Nothing in this section may be construed to require employers to participate in the Voluntary Advanced Verification Program.CommentsClose CommentsPermalink





(b) Limited Retention Period for Fingerprints-CommentsClose CommentsPermalink





(1) IN GENERAL- The Secretary may only maintain fingerprint records of any citizen of the United States that were submitted by an employer through the Employment Eligibility Verification System (referred to in this section as `EEVS') for 10 business days. At the end of such period, such records shall be purged from any EEVS-related system unless the fingerprints have been ordered to be retained for purposes of a fraud or similar investigation by a government agency with criminal or other investigative authority.CommentsClose CommentsPermalink





(2) EXCEPTION- For purposes of preventing identity theft or other harm, an employee who is a citizen of the United States may submit a written request that the employee's fingerprint records be retained for employee verification purposes by the Secretary. Upon receiving written consent, the Secretary may retain such fingerprint records until the employee notifies the Secretary in writing that such consent has been withdrawn, at which time the Secretary shall purge such fingerprint records within 10 business days unless the fingerprints have been ordered to be retained for purposes of a fraud or similar investigation by a government agency with an independent criminal or other investigative authority.CommentsClose CommentsPermalink





(c) Limited Use of Fingerprints Submitted for Program- The Secretary and the employer may use any fingerprints taken from the employee and transmitted for querying EEVS solely for the purposes of verifying identity and employment eligibility during the employee verification process. Such transmitted fingerprints may not be used for any other purpose. This provision does not alter any other provisions regarding the use of non-fingerprint information in EEVS.CommentsClose CommentsPermalink





(d) Safeguarding of Fingerprint Information- The Secretary, subject to specifications and limitations set forth under this section and other relevant provisions of this Act, shall be responsible for safely and securely maintaining and storing all fingerprints submitted under this program.CommentsClose CommentsPermalink

SEC. 7. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.

Section 205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), is amended by adding at the end the following new subparagraphs:CommentsClose CommentsPermalink





`(I)(i) As part of the verification system established under this paragraph, the Commissioner of Social Security shall, subject to the provisions of section 274A(d) of the Immigration and Nationality Act, establish a reliable, secure method that, operating through the Employment Eligibility Verification System--CommentsClose CommentsPermalink





`(I) compares the name, social security account number and available citizenship information provided in an inquiry against such information maintained by the Commissioner in order to confirm (or not confirm) the validity of the information provided regarding an individual whose identity and employment eligibility must be confirmed;CommentsClose CommentsPermalink





`(II) analyzes the correspondence of the name, number, and any other identifying information;CommentsClose CommentsPermalink





`(III) determines whether the name and number belong to an individual who is deceased;CommentsClose CommentsPermalink





`(IV) determines whether an individual is a national of the United States (when available);CommentsClose CommentsPermalink





`(V) determines whether the individual has presented a social security account number that is not valid for employment; andCommentsClose CommentsPermalink





`(VI) does not disclose or release social security information to employers through the confirmation system (other than such confirmation or nonconfirmation).CommentsClose CommentsPermalink





`(ii) For purposes of preventing identity theft, protecting employees, and reducing burden on employers, and notwithstanding section 6103 of the Internal Revenue Code of 1986, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security, shall--CommentsClose CommentsPermalink





`(I) review the Social Security Administration databases and information technology to identify any deficiencies and discrepancies related to name, birth date, citizenship status, or death records of the social security accounts and social security account holders that are likely to contribute to fraudulent use of documents, or identity theft, or to affect the proper functioning of EEVS;CommentsClose CommentsPermalink





`(II) correct any errors identified under subclause (I); andCommentsClose CommentsPermalink





`(III) ensure that a system for identifying and correcting such deficiencies and discrepancies is adopted to ensure the accuracy of the Social Security Administration's databases.CommentsClose CommentsPermalink





`(iii) The Commissioner of Social Security, in consultation with the Secretary of Homeland Security, shall establish a secure process whereby an individual can request that the Commissioner preclude any confirmation under EEVS based on that individual's Social Security number until it is reactivated by that individual.'.CommentsClose CommentsPermalink

SEC. 8. IMMIGRATION ENFORCEMENT SUPPORT BY THE INTERNAL REVENUE SERVICE AND THE SOCIAL SECURITY ADMINISTRATION.

(a) Tightening Requirements for the Provision of Social Security Numbers on Form W-2 Wage and Tax Statements- Section 6724 of the Internal Revenue Code of 1986 (relating to waiver; definitions and special rules) is amended by adding at the end the following new subsection:CommentsClose CommentsPermalink





`(f) Special Rules With Respect to Social Security Numbers on Withholding Exemption Certificates-CommentsClose CommentsPermalink





`(1) REASONABLE CAUSE WAIVER NOT TO APPLY- Except as provided in paragraph (2), subsection (a) shall not apply with respect to the social security account number of an employee furnished under section 6051(a)(2).CommentsClose CommentsPermalink





`(2) EXCEPTION-CommentsClose CommentsPermalink





`(A) IN GENERAL- Except as provided in subparagraph (B), paragraph (1) shall not apply in any case in which the employer--CommentsClose CommentsPermalink





`(i) receives confirmation that the discrepancy described in section 205(c)(2)(I) of the Social Security Act (42 U.S.C. 405(c)(2)(I)) has been resolved, orCommentsClose CommentsPermalink





`(ii) corrects a clerical error made by the employer with respect to the social security account number of an employee not later than 60 days after receiving notification under section 205(c)(2)(I) of the Social Security Act that the social security account number contained in wage records provided to the Social Security Administration by the employer with respect to the employee does not match the social security account number of the employee contained in relevant records otherwise maintained by the Social Security Administration.CommentsClose CommentsPermalink





`(B) EXCEPTION NOT APPLICABLE TO FREQUENT OFFENDERS- Subparagraph (A) shall not apply--CommentsClose CommentsPermalink





`(i) in any case in which not fewer than 50 of the statements required to be made by an employer pursuant to section 6051 either fail to include an employee's social security account number or include an incorrect social security account number, orCommentsClose CommentsPermalink





`(ii) with respect to any employer who has received written notification under section 205(c)(2)(1) of the Social Security Act during each of the 3 preceding taxable years that the social security account numbers in the wage records provided to the Social Security Administration by such employer with respect to 10 more employees do not match relevant records otherwise maintained by the Social Security Administration.'.CommentsClose CommentsPermalink





(b) Enforcement-CommentsClose CommentsPermalink





(1) IN GENERAL- Not later than 90 days after the date of the enactment of this Act, the Secretary of the Treasury, in consultation with the Secretary, shall establish a unit within the Criminal Investigation Office of the Internal Revenue Service to investigate violations of the Internal Revenue Code of 1986 related to the employment of individuals who are not authorized to work in the United States.CommentsClose CommentsPermalink





(2) SPECIAL AGENTS; SUPPORT STAFF- The Secretary of the Treasury--CommentsClose CommentsPermalink





(A) shall assign to the unit established pursuant to paragraph (1) not fewer than 10 full-time special agents and necessary support staff; andCommentsClose CommentsPermalink





(B) may employ not more than 200 full time special agents for this unit based on investigative requirements and work load.CommentsClose CommentsPermalink





(3) REPORTS- During each of the first 5 calendar years beginning after the date on which the unit was established, and biennially thereafter, the unit shall transmit to Congress a report that describes its activities and includes the number of investigations and cases referred for prosecution.CommentsClose CommentsPermalink





(c) Increase in Penalty on Employer Failing To File Correct Information Returns- Section 6721 of such Code (relating to failure to file correct information returns) is amended--CommentsClose CommentsPermalink





(1) in subsection (a)(1)--CommentsClose CommentsPermalink





(A) by striking `$50' and inserting `$200'; andCommentsClose CommentsPermalink





(B) by striking `$250,000' and inserting `$1,000,000';CommentsClose CommentsPermalink





(2) in subsection (b)--CommentsClose CommentsPermalink





(A) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking `$15 in lieu of $50' and inserting `$60 instead of $200'; andCommentsClose CommentsPermalink





(ii) in subparagraph(B), by striking `$75,000' and inserting `$300,000'; andCommentsClose CommentsPermalink





(B) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking `$30 in lieu of $50' and inserting `$120 instead of $200'; andCommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking `$150,000' and inserting `$600,000'; andCommentsClose CommentsPermalink





(3) in subsection (d)--CommentsClose CommentsPermalink





(A) in the subsection heading, by striking `$5,000,000' and inserting `$2,000,000';CommentsClose CommentsPermalink





(B) in paragraph (1)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking `$100,000' for `$250,000' and inserting `$400,000' for `$1,000,000';CommentsClose CommentsPermalink





(ii) in subparagraph (B), by striking `$25,000' for `$75,000' and inserting `$100,000' for `$300,000'; andCommentsClose CommentsPermalink





(iii) in subparagraph (C), by striking `$50,000' for `$150,000' and inserting `$200,000' for `$600,000';CommentsClose CommentsPermalink





(C) in paragraph (2)(A), by striking `$5,000,000' and inserting `$2,000,000'; andCommentsClose CommentsPermalink





(4) in subsection (e)--CommentsClose CommentsPermalink





(A) in paragraph (2)--CommentsClose CommentsPermalink





(i) in subparagraph (A), by striking `$100' and inserting `$400';CommentsClose CommentsPermalink





(ii) in subparagraph (C)(i), by striking `$25,000' and inserting `$100,000'; andCommentsClose CommentsPermalink





(iii) in subparagraph (C)(ii), by striking `$100,000' and inserting `$400,000'; andCommentsClose CommentsPermalink





(B) in paragraph (3)(A), by striking `$250,000' and inserting `$1,000,000'.CommentsClose CommentsPermalink





(d) Effective Date- The amendments made by subsections (b) and (c) shall apply to failures occurring after December 31, 2006.CommentsClose CommentsPermalink

SEC. 9. ADDITIONAL CRIMINAL PENALTIES FOR MISUSE OF SOCIAL SECURITY ACCOUNT NUMBERS.

(a) In General- Section 208(a) of the Social Security Act (42 U.S.C. 408(a)) is amended--CommentsClose CommentsPermalink





(1) by amending paragraph (7) to read as follows:CommentsClose CommentsPermalink





`(7) for any purpose--CommentsClose CommentsPermalink





`(A) knowingly possesses or uses a social security account number or social security card knowing that such number or card was obtained from the Commissioner of Social Security by means of fraud or false statements;CommentsClose CommentsPermalink





`(B) knowingly and falsely represents a number to be the social security account number assigned by the Commissioner of Social Security to the person or to another person, when in fact such number is not the social security account number assigned by the Commissioner of Social Security to such person or to such other person;CommentsClose CommentsPermalink





`(C) knowingly buys, sells, or possesses with intent to buy or sell a social security account number or a social security card that is or purports to be a number or card issued by the Commissioner of Social Security;CommentsClose CommentsPermalink





`(D) knowingly alters, counterfeits, forges, or falsely makes a social security account number or a social security card; orCommentsClose CommentsPermalink





`(E) knowingly possesses, uses, distributes, or transfers a social security account number or a social security card knowing the number or card to be altered, counterfeited, forged, falsely made, or stolen; or';CommentsClose CommentsPermalink





(2) in paragraph (8)--CommentsClose CommentsPermalink





(A) by inserting `knowingly' before `discloses';CommentsClose CommentsPermalink





(B) by inserting `account' after `security'; andCommentsClose CommentsPermalink





(C) by inserting `or' after the semicolon at the end;CommentsClose CommentsPermalink





(3) by inserting after paragraph (8) the following:CommentsClose CommentsPermalink





`(9) without lawful authority, knowingly produces or acquires for any person a social security account number, a social security card, or a number or card that purports to be a social security account number or social security card,'; andCommentsClose CommentsPermalink





(4) in the flush text at the end, by striking `five' and inserting `10'.CommentsClose CommentsPermalink





(b) Conspiracy and Disclosure- Section 208 of such Act is further amended by adding at the end the following:CommentsClose CommentsPermalink





`(f) Whoever attempts or conspires to violate any criminal provision under this section shall be punished in the same manner as a person who completes a violation of such provision.CommentsClose CommentsPermalink





`(g)(1) Subject to paragraph (3) and notwithstanding any other provision of law, the Commissioner of Social Security shall disclose to any Federal law enforcement agency the records described in paragraph (2) if such law enforcement agency requests such records for the purpose of investigating a violation of this section or any other felony offense.CommentsClose CommentsPermalink





`(2) The records described in this paragraph are records of the Social Security Administration concerning--CommentsClose CommentsPermalink





`(A) the identity, address, location, or financial institution accounts of the holder of a social security account number or social security card;CommentsClose CommentsPermalink





`(B) the application for and issuance of a social security account number or social security card; andCommentsClose CommentsPermalink





`(C) the existence or nonexistence of a social security account number or social security card.CommentsClose CommentsPermalink





`(3) The Commissioner of Social Security may not disclose any tax return or tax return information pursuant to this subsection except as authorized under section 6103 of the Internal Revenue Code of 1986.'.CommentsClose CommentsPermalink

SEC. 10. AUTHORIZATION OF APPROPRIATIONS.

(a) In General- There are authorized to be appropriated to the Secretary of Homeland Security such sums as may be necessary to carry out the provisions of this Act, and the amendments made by this Act, including--CommentsClose CommentsPermalink





(1) in each of the 2 fiscal years beginning on the date of the enactment of this Act, the appropriations necessary to hire not fewer than 2,500 new personnel at the Department of Homeland Security assigned exclusively or principally to an office or offices dedicated to monitoring and enforcing compliance with sections 274A and 274C of the Immigration and Nationality Act (8 U.S.C. 1324a and 1324c), including compliance with the requirements of the Employment Eligibility Verification System, which personnel shall monitor compliance by--CommentsClose CommentsPermalink





(A) verifying the Employment Identification Numbers of employers participating in the Employment Eligibility Verification System (referred to in this section as `EEVS');CommentsClose CommentsPermalink





(B) verifying compliance of employers participating in EEVS with the requirements for participation that are prescribed by the Secretary;CommentsClose CommentsPermalink





(C) monitoring EEVS for multiple uses of Social Security numbers and any immigration identification numbers for evidence that could indicate identity theft or fraud;CommentsClose CommentsPermalink





(D) monitoring EEVS to identify discriminatory practices;CommentsClose CommentsPermalink





(E) monitoring EEVS to identify employers who are not using the system properly, including employers who fail to make appropriate records with respect to their queries and any notices of confirmation, nonconfirmation, or further action;CommentsClose CommentsPermalink





(F) identifying instances in which employees allege that an employer violated their privacy rights;CommentsClose CommentsPermalink





(G) analyzing and auditing the use of EEVS and the data obtained through EEVS to--CommentsClose CommentsPermalink





(i) identify fraud trends, including fraud trends across industries, geographical areas, or employer size; andCommentsClose CommentsPermalink





(ii) develop compliance tools as necessary to respond to changing patterns of fraud;CommentsClose CommentsPermalink





(H) providing employers with additional training and other information on the proper use of EEVS;CommentsClose CommentsPermalink





(I) performing threshold evaluation of cases for referral to United States Immigration and Customs Enforcement and to liaise with such agency with respect to these referrals;CommentsClose CommentsPermalink





(J) any other compliance and monitoring activities that, in the Secretary's judgment, are necessary to ensure the functioning of EEVS;CommentsClose CommentsPermalink





(K) investigating identity theft and fraud detected through EEVS and undertake the necessary enforcement actions;CommentsClose CommentsPermalink





(L) investigating the use of fraudulent documents or access to fraudulent documents through local facilitation and undertake the necessary enforcement actions;CommentsClose CommentsPermalink





(M) providing support to United States Citizenship and Immigration Services with respect to the evaluation of cases for referral to United States Immigration and Customs Enforcement; andCommentsClose CommentsPermalink





(N) performing any other investigation that the Secretary determines to be necessary to ensure the functioning of EEVS, and undertake any enforcement actions necessary as a result of these investigations; andCommentsClose CommentsPermalink





(2) the appropriations necessary to acquire, install, and maintain technological equipment necessary to support the functioning of EEVS and the connectivity between United States Citizenship and Immigration Services and United States Immigration and Customs Enforcement with respect to the sharing of information to support EEVS and related immigration enforcement actions.CommentsClose CommentsPermalink





(b) Authorization of Appropriations-CommentsClose CommentsPermalink





(1) COMMISSION OF SOCIAL SECURITY- There are authorized to be appropriated to Commissioner of Social Security such sums as may be necessary to carry out the duties of the Commissioner under this subtitle and the amendments made by this subtitle.CommentsClose CommentsPermalink





(2) SECRETARY OF HOMELAND SECURITY- In addition to any other amounts authorized to be appropriated in this Act, there are authorized to be appropriated to the Secretary, in each of the 2 fiscal years beginning after the date of the enactment of this Act, such sums as may be necessary to annually hire not fewer than 2,500 personnel of the Department of Homeland Security, who shall be assigned exclusively or principally to an office or offices dedicated to monitoring and enforcing compliance with sections 274A and 274C of the Immigration and Nationality Act (8 U.S.C. 1324a and 1324c), including compliance with the requirements of EEVS. These personnel shall perform the compliance and monitoring activities described in subparagraphs (A) through (N) of subsection (a)(1).CommentsClose CommentsPermalink

Calendar No. 596CommentsClose CommentsPermalink

To improve the enforcement of laws prohibiting the employment of unauthorized aliens and for other purposes.CommentsClose CommentsPermalink

March 6, 2008