[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2711 Placed on Calendar Senate (PCS)]
Calendar No. 596
110th CONGRESS
2d Session
S. 2711
To improve the enforcement of laws prohibiting the employment of
unauthorized aliens and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
March 5, 2008
Mr. Sessions introduced the following bill; which was read the first
time
March 6, 2008
Read the second time and placed on the calendar
_______________________________________________________________________
A BILL
To improve the enforcement of laws prohibiting the employment of
unauthorized aliens and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Worksite Enforcement Act of 2008''.
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:
``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.
``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(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; or
``(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).
``(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.
``(3) Use of labor through contract.--
``(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).
``(B) Rulemaking.--The Secretary may promulgate
regulations--
``(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;
``(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; and
``(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.
``(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.
``(4) Defense.--
``(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.
``(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).
``(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).
``(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.
``(5) Preemption.--This section preempts any State or local
law that--
``(A) requires the use of EEVS in a manner that--
``(i) conflicts with any Federal policy,
procedure, or timetable;
``(ii) requires employers to verify whether
or not an individual is authorized to work in
the United States; or
``(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; and
``(B) requires, as a condition of conducting,
continuing, or expanding a business, a business
entity--
``(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--
``(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; or
``(II) any contractor, customer or
other person over which the business
entity has no authority; or
``(ii) carry out any other activity to
facilitate the employment by others of--
``(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; or
``(II) any contractor, customer, or
other person over which the business
entity has no authority.
``(b) Definitions.--In this section:
``(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.
``(2) Employer.--
``(A) In general.--The term `employer'--
``(i) means any person or entity hiring,
recruiting, or referring for a fee an
individual for employment in the United States;
and
``(ii) includes the Federal Government and
State, local, and tribal governments.
``(B) Franchised businesses.--Franchised businesses
that operate independently do not constitute a single
employer solely on the basis of sharing a common brand.
``(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--
``(A) an alien lawfully admitted for permanent
residence; or
``(B) authorized to be so employed by the Secretary
of Homeland Security under this Act.
``(c) Document Verification Requirements.--
``(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).
``(2) Attestation after examination of documentation.--
``(A) In general.--
``(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--
``(I) a document described in
subparagraph (B); or
``(II) a document described in
subparagraph (C) and a document
described in subparagraph (D).
``(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.
``(B) Documents establishing both employment
authorization and identity.--A document described in
this subparagraph is an individual's--
``(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);
``(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--
``(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;
``(II) is evidence of authorization
for employment in the United States;
and
``(III) contains security features
to make it resistant to tampering,
counterfeiting, and fraudulent use; or
``(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.
``(C) Documents establishing identity of
individual.--A document described in this subparagraph
includes--
``(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;
``(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--
``(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;
``(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); and
``(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;
``(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; or
``(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).
``(D) Documents evidencing employment
authorization.--The following documents shall be
accepted as evidence of employment authorization:
``(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.
``(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.
``(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.
``(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.
``(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--
``(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; and
``(B) in the case of the hiring of an individual--
``(i) 7 years after the date of such
hiring; or
``(ii) 2 years after the date the
individual's employment is terminated,
whichever is earlier.
``(5) Copying of documentation and recordkeeping
required.--
``(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.
``(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.
``(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.
``(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.
``(6) Penalties.--An employer that fails to comply with any
requirement under this subsection shall be penalized under
subsection (e)(4)(B).
``(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.
``(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.
``(d) Employment Eligibility Verification System.--
``(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).
``(2) Implementation schedule.--
``(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.
``(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.
``(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.
``(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.
``(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.
``(3) Participation in eevs.--The Secretary may--
``(A) permit any employer that is not required to
participate in EEVS to participate on a voluntary
basis; and
``(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.
``(4) Consequence of failure to participate.--If an
employer fails to comply with the requirements of EEVS with
respect to an individual--
``(A) such failure shall be treated as a violation
of subsection (a)(1)(B) with respect to that
individual; and
``(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.
``(5) Procedures for participants in eevs.--
``(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.
``(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--
``(i) the name of the employer;
``(ii) the employer's employment
identification number;
``(iii) the address of the employer;
``(iv) the name, position, and social
security number of the employees of the
employer for whom EEVS is being accessed; and
``(v) such other information as the
Secretary deems necessary to ensure proper use
and security of EEVS.
``(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.
``(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--
``(i) the prospective employee's social
security account number;
``(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;
and
``(iii) such other information as the
Secretary may require to determine the identity
and work authorization of the prospective
employee.
``(E) Presentation of documentation.--The employer
and each prospective employee shall fulfill the
requirements under subsection (c).
``(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.
``(6) Seeking confirmation.--
``(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.
``(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.
``(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.
``(7) Confirmation or nonconfirmation.--
``(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.
``(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.
``(C) Further action notice upon initial inquiry
and secondary verification.--
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(8) Consequences of nonconfirmation.--
``(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.
``(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).
``(C) Exception.--Subparagraph (B) shall not apply
in any prosecution under section 274A(e)(1).
``(9) Obligation to respond to queries and additional
information.--
``(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).
``(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).
``(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.
``(10) Impermissible use of eevs.--
``(A) An employer may not use EEVS to verify an
individual before extending to the individual an offer
of employment.
``(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).
``(C) An employer may not terminate an individual's
employment solely because that individual has been
issued a further action notice.
``(D) An employer may not take the following
actions solely because an individual has been issued a
further action notice:
``(i) Reduce the salary, bonuses, or other
compensation due to the employee.
``(ii) Suspend the employee without pay.
``(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.
``(iv) Deny the employee the training
necessary to perform the employment duties for
which the employee has been hired.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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--
``(A) the documents required to be presented to the
employer;
``(B) the information required to be provided to
EEVS by the employer; and
``(C) the procedures required to be followed by
employers with respect to any aspect of EEVS.
``(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.
``(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.
``(f) Administrative Review.--
``(1) Filing requirement.--
``(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.
``(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.
``(C) Aliens.--An individual claiming to be an
alien authorized to work in the United States shall
file the administrative appeal with the Secretary.
``(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.
``(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.
``(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.
``(g) Judicial Review.--
``(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.
``(2) Petition for review.--
``(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.
``(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.
``(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.
``(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.
``(h) Management of Employment Eligibility Verification System.--
``(1) In general.--The Secretary shall establish, manage,
and modify EEVS to--
``(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;
``(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; and
``(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.
``(2) Design and operation of system.--EEVS shall be
designed and operated--
``(A) to maximize its reliability and ease of use
by employers consistent with insulating and protecting
the privacy and security of the underlying information;
``(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;
``(C) to maintain appropriate administrative,
technical, and physical safeguards to prevent
unauthorized disclosure of personal information;
``(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--
``(i) the development and use of algorithms
to detect potential identity theft, such as
multiple uses of the same identifying
information or documents;
``(ii) the development and use of
algorithms to detect misuse of EEVS by
employers and employees;
``(iii) the development of capabilities to
detect anomalies in the use of EEVS that may
indicate potential fraud or misuse of EEVS; and
``(iv) auditing documents and information
submitted by potential employees to employers,
including authority to conduct interviews with
employers and employees;
``(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--
``(i) records maintained by the Social
Security Administration as specified in
paragraph (4), including photographs and any
other biometric information as may be required;
``(ii) birth and death records maintained
by vital statistics agencies of any State or
other United States jurisdiction;
``(iii) passport and visa records,
including photographs, maintained by the United
States Department of State; and
``(iv) State driver's license or identity
card information, including photographs,
maintained by the department of motor vehicles
of a State;
``(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; and
``(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).
``(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.
``(4) Access to information.--
``(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.
``(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).
``(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.
``(5) Responsibilities of the secretary of homeland
security.--
``(A) As part of EEVS, the Secretary shall
establish a reliable, secure method, that--
``(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; and
``(ii) displays the digital photograph
described in paragraph (2)(F).
``(B) The Secretary shall have authority to
prescribe when a confirmation, nonconfirmation or
further action notice shall be issued.
``(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.
``(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.
``(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;
``(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.
``(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.
``(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.
``(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.
``(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.
``(m) Conforming Amendment.--Title IV of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is repealed.
``(n) Compliance.--
``(1) Complaints and investigations.--The Secretary of
Homeland Security shall establish procedures--
``(A) for individuals and entities to file
complaints respecting potential violations of
subsection (a) or (f)(1);
``(B) for the investigation of those complaints
which the Secretary determines should be investigated;
and
``(C) for the investigation of such other
violations of subsection (a) or (f)(1) as the Secretary
determines to be appropriate.
``(2) Authority in investigations.--
``(A) In general.--In conducting investigations and
hearings under this subsection--
``(i) immigration officers shall have
reasonable access to examine evidence of any
employer being investigated; and
``(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.
``(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).
``(3) Compliance procedures.--
``(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--
``(i) describe the violation;
``(ii) specify the laws and regulations
allegedly violated;
``(iii) disclose the material facts which
establish the alleged violation; and
``(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.
``(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.
``(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.
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized
aliens.--Any employer that violates any provision under
paragraph (1)(A) or (2) of subsection (a)--
``(i) shall pay a civil penalty of $5,000
for each unauthorized alien with respect to
which such violation occurred;
``(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;
``(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;
``(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; and
``(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.
``(B) Recordkeeping or verification practices.--Any
employer that violates or fails to comply with any
requirement under subsection (b), (c), or (d)--
``(i) shall pay a civil penalty of $1,000
for each such violation;
``(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;
``(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;
``(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; and
``(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.
``(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.
``(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.
``(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.
``(6) Judicial review.--
``(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.
``(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:
``(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).
``(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.
``(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.
``(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.
``(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.
``(C) Exhaustion of administrative remedies.--A
court may review a final determination under paragraph
(3)(C) only if--
``(i) the petitioner has exhausted all
administrative remedies available to the
petitioner as of right; and
``(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.
``(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.
``(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.
``(8) Liens.--
``(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.
``(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.
``(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).
``(o) Criminal Penalties and Injunctions for Pattern or Practice
Violations.--
``(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.
``(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.
``(p) Prohibition of Indemnity Bonds.--
``(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.
``(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.
``(q) Government Contracts.--
``(1) Employers.--
``(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.
``(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.
``(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.
``(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.
``(2) Contractors and recipients.--
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.
``(t) No Match Notice.--
``(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.
``(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.
``(u) Challenges to Validity.--
``(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--
``(A) whether this section, or any regulation
issued to implement this section, violates the
Constitution of the United States; or
``(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.
``(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.
``(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.
``(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.
``(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.
``(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.''.
SEC. 3. DISCLOSURE OF CERTAIN TAXPAYER INFORMATION TO ASSIST IN
IMMIGRATION ENFORCEMENT.
(a) Disclosure of Certain Taxpayer Identity Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following new
paragraph:
``(21) Disclosure of certain taxpayer identity information
by social security administration to department of homeland
security.--
``(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--
``(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--
``(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, or
``(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,
and the taxpayer identity of each such
employee, and
``(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)--
``(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,
``(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,
``(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, or
``(IV) who is not authorized to
work in the United States, according to
the records maintained by the
Commissioner of Social Security,
and the taxpayer identity and date of birth of
each such employee.
``(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.''
(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:
``(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--
``(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,
``(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,
``(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), and
``(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.''.
(3) Conforming amendments.--
(A) Section 6103(a)(3) of such Code is amended by
striking ``or (20)'' and inserting ``(20), or (21)''.
(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).''.
(C) Section 6103(p)(4) of such Code is amended--
(i) by striking ``or (17)'' both places it
appears and inserting ``(17), or (21)''; and
(ii) by striking ``or (20)'' each place it
appears and inserting ``(20), or (21)''.
(D) Section 6103(p)(8)(B) of such Code is amended
by inserting ``or paragraph (9)'' after ``subparagraph
(A)''.
(E) Section 7213(a)(2) of such Code is amended by
striking ``or (20)'' and inserting ``(20), or (21)''.
(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''.
(c) Repeal of Reporting Requirements.--
(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.
(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.
(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.
(e) Effective Dates.--
(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.
(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.
(3) Repeals.--The repeals made by subsection (c) shall take
effect on the date of the enactment of this Act.
SEC. 4. INCREASING SECURITY AND INTEGRITY OF SOCIAL SECURITY CARDS.
(a) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant Social
Security Cards.--
(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.
(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.
(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.
(4) Exemption.--Nothing in this section may be construed
to--
(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; or
(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.
(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--
(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--
(A) contain such security and identification
features as determined by the Secretary of Homeland
Security, in consultation with the Commissioner; and
(B) be fraud-resistant, tamper-resistant, and wear-
resistant;
(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; and
(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.
(c) Reporting Requirements.--
(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.
(2) Report on implementation.--
(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.
(B) Contents.--The report submitted under
subparagraph (A) shall include an analysis of--
(i) the amounts needed to be appropriated
to implement this section; and
(ii) any measures taken to protect the
privacy of individuals who hold social security
cards described in this section.
(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.''.
(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.
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--
(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; and
(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).
(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.
(c) Grants and Contracts Authorized.--
(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).
(2) Duration.--Grants may be awarded under this subsection
during fiscal years 2009 through 2013.
(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.
(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.
(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.
(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--
(1) upgrading and maintaining technology;
(2) obtaining equipment;
(3) hiring additional personnel;
(4) covering operational costs, including overtime; and
(5) acquiring such other resources as are available to
assist such grantee.
(e) Application.--
(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.
(2) Contents.--Each application submitted pursuant to
paragraph (1) shall--
(A) describe the activities for which assistance
under this section is sought; and
(B) provide such additional assurances as the
Secretary determines to be essential to ensure
compliance with the requirements of this section.
(f) Conditions.--All grants under the Program shall be conditioned
on the recipient--
(1) certifying compliance with the provisions under the
REAL ID Act of 2005 and providing implementation plans that are
acceptable to the Secretary, including--
(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;
(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; and
(C) ensuring implementation and maintenance of such
safeguards for the security of the information
contained on these documents as the Secretary may
prescribe;
(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; and
(3) agreeing to implement the requirements of this Act and
any implementing regulations to the satisfaction of the
Secretary of Homeland Security.
(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.
(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.
(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.
SEC. 6. VOLUNTARY ADVANCED VERIFICATION PROGRAM TO COMBAT IDENTITY
THEFT.
(a) Voluntary Advanced Verification Program.--
(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.
(2) Voluntary participation.--Nothing in this section may
be construed to require employers to participate in the
Voluntary Advanced Verification Program.
(b) Limited Retention Period for Fingerprints.--
(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.
(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.
(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.
(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.
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:
``(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--
``(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;
``(II) analyzes the correspondence of the name,
number, and any other identifying information;
``(III) determines whether the name and number
belong to an individual who is deceased;
``(IV) determines whether an individual is a
national of the United States (when available);
``(V) determines whether the individual has
presented a social security account number that is not
valid for employment; and
``(VI) does not disclose or release social security
information to employers through the confirmation
system (other than such confirmation or
nonconfirmation).
``(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--
``(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;
``(II) correct any errors identified under
subclause (I); and
``(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.
``(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.''.
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:
``(f) Special Rules With Respect to Social Security Numbers on
Withholding Exemption Certificates.--
``(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).
``(2) Exception.--
``(A) In general.--Except as provided in
subparagraph (B), paragraph (1) shall not apply in any
case in which the employer--
``(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, or
``(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.
``(B) Exception not applicable to frequent
offenders.--Subparagraph (A) shall not apply--
``(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, or
``(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.''.
(b) Enforcement.--
(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.
(2) Special agents; support staff.--The Secretary of the
Treasury--
(A) shall assign to the unit established pursuant
to paragraph (1) not fewer than 10 full-time special
agents and necessary support staff; and
(B) may employ not more than 200 full time special
agents for this unit based on investigative
requirements and work load.
(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.
(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--
(1) in subsection (a)(1)--
(A) by striking ``$50'' and inserting ``$200''; and
(B) by striking ``$250,000'' and inserting
``$1,000,000'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (A), by striking ``$15
in lieu of $50'' and inserting ``$60 instead of
$200''; and
(ii) in subparagraph(B), by striking
``$75,000'' and inserting ``$300,000''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``$30
in lieu of $50'' and inserting ``$120 instead
of $200''; and
(ii) in subparagraph (B), by striking
``$150,000'' and inserting ``$600,000''; and
(3) in subsection (d)--
(A) in the subsection heading, by striking
``$5,000,000'' and inserting ``$2,000,000'';
(B) in paragraph (1)--
(i) in subparagraph (A), by striking
```$100,000' for `$250,000''' and inserting
```$400,000' for `$1,000,000''';
(ii) in subparagraph (B), by striking
```$25,000' for `$75,000''' and inserting
```$100,000' for `$300,000'''; and
(iii) in subparagraph (C), by striking
```$50,000' for `$150,000''' and inserting
```$200,000' for `$600,000''';
(C) in paragraph (2)(A), by striking ``$5,000,000''
and inserting ``$2,000,000''; and
(4) in subsection (e)--
(A) in paragraph (2)--
(i) in subparagraph (A), by striking
``$100'' and inserting ``$400'';
(ii) in subparagraph (C)(i), by striking
``$25,000'' and inserting ``$100,000''; and
(iii) in subparagraph (C)(ii), by striking
``$100,000'' and inserting ``$400,000''; and
(B) in paragraph (3)(A), by striking ``$250,000''
and inserting ``$1,000,000''.
(d) Effective Date.--The amendments made by subsections (b) and (c)
shall apply to failures occurring after December 31, 2006.
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--
(1) by amending paragraph (7) to read as follows:
``(7) for any purpose--
``(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;
``(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;
``(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;
``(D) knowingly alters, counterfeits, forges, or
falsely makes a social security account number or a
social security card; or
``(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'';
(2) in paragraph (8)--
(A) by inserting ``knowingly'' before
``discloses'';
(B) by inserting ``account'' after ``security'';
and
(C) by inserting ``or'' after the semicolon at the
end;
(3) by inserting after paragraph (8) the following:
``(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,''; and
(4) in the flush text at the end, by striking ``five'' and
inserting ``10''.
(b) Conspiracy and Disclosure.--Section 208 of such Act is further
amended by adding at the end the following:
``(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.
``(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.
``(2) The records described in this paragraph are records of the
Social Security Administration concerning--
``(A) the identity, address, location, or financial
institution accounts of the holder of a social security account
number or social security card;
``(B) the application for and issuance of a social security
account number or social security card; and
``(C) the existence or nonexistence of a social security
account number or social security card.
``(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.''.
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--
(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--
(A) verifying the Employment Identification Numbers
of employers participating in the Employment
Eligibility Verification System (referred to in this
section as ``EEVS'');
(B) verifying compliance of employers participating
in EEVS with the requirements for participation that
are prescribed by the Secretary;
(C) monitoring EEVS for multiple uses of Social
Security numbers and any immigration identification
numbers for evidence that could indicate identity theft
or fraud;
(D) monitoring EEVS to identify discriminatory
practices;
(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;
(F) identifying instances in which employees allege
that an employer violated their privacy rights;
(G) analyzing and auditing the use of EEVS and the
data obtained through EEVS to--
(i) identify fraud trends, including fraud
trends across industries, geographical areas,
or employer size; and
(ii) develop compliance tools as necessary
to respond to changing patterns of fraud;
(H) providing employers with additional training
and other information on the proper use of EEVS;
(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;
(J) any other compliance and monitoring activities
that, in the Secretary's judgment, are necessary to
ensure the functioning of EEVS;
(K) investigating identity theft and fraud detected
through EEVS and undertake the necessary enforcement
actions;
(L) investigating the use of fraudulent documents
or access to fraudulent documents through local
facilitation and undertake the necessary enforcement
actions;
(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; and
(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;
and
(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.
(b) Authorization of Appropriations.--
(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.
(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).
Calendar No. 596
110th CONGRESS
2d Session
S. 2711
_______________________________________________________________________
A BILL
To improve the enforcement of laws prohibiting the employment of
unauthorized aliens and for other purposes.
_______________________________________________________________________
March 6, 2008
Read the second time and placed on the calendar