Combat Illegal Immigration Through Employment Verification Act - Amends the Immigration and Nationality Act to make employment of unauthorized aliens unlawful.
Sets forth provisions respecting: (1) employer document verification requirements; and (2) employment authorization and/or identity documents.
Sets forth employment eligibility verification system (EEVS) provisions.
Amends the Internal Revenue Code to: (1) provide for the disclosure of certain taxpayer identity information to the Department of Homeland Security (DHS) to assist in immigration enforcement; and (2) increase specified penalties for employer failure to provide correct information returns.
Directs the Secretary of the Treasury to establish within the Criminal Investigation office of the Internal Revenue Service (IRS) a unit to investigate tax-related violations related to the employment of unauthorized aliens.
Sets forth IRS and Social Security Administration (SSA) immigration-related enforcement provisions.
Provides for increases in worksite enforcement and immigration fraud detection personnel.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5265 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5265
To continue to prohibit the hiring, recruitment, or referral of
unauthorized aliens, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 11, 2010
Mr. Boswell introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committees on Ways
and Means and Education and Labor, for a period to be subsequently
determined by the Speaker, in each case for consideration of such
provisions as fall within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To continue to prohibit the hiring, recruitment, or referral 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 ``Combat Illegal Immigration Through
Employment Verification Act''.
SEC. 2. PURPOSES.
(a) To continue to prohibit the hiring, recruitment, or referral of
unauthorized aliens.
(b) To require that each employer take reasonable steps to verify
the identity and work authorization status of all its employees,
without regard to national origin and citizenship status.
(c) To authorize the Secretary of Homeland Security to access
records of other Federal agencies for the purposes of confirming
identity, authenticating lawful presence and preventing identity theft
and fraud related to unlawful employment.
(d) To ensure that the Commissioner of Social Security has the
necessary authority to provide information to the Secretary of Homeland
Security that would assist in the enforcement of the immigration laws.
(e) To collect information on employee hires.
(f) To electronically secure a Social Security number in the
Employment Eligibility Verification System (EEVS) at the request of an
individual who has been confirmed to be the holder of that number, and
to prevent fraudulent use of the number by others.
(g) To provide for record retention of EEVS inquiries, to prevent
identity fraud and employment authorization fraud.
(h) To employ fast track regulatory and procurement procedures to
expedite implementation of this title and pertinent sections of the
Immigration and Nationality Act for a period of two years from
enactment.
(i) To establish the following:
(1) A document verification process requiring employers to
inspect, copy, and retain identity and work authorization
documents.
(2) An EEVS requiring employers to obtain confirmation of
an individual's identity and work authorization.
(3) Procedures for employers to register for the EEVS and
to confirm work eligibility through the EEVS.
(4) A streamlined enforcement procedure to ensure efficient
adjudication of violations of this title.
(5) A system for the imposition of civil penalties and
their enforcement, remission or mitigation.
(6) An enhancement of criminal and civil penalties.
(7) Increased coordination of information and enforcement
between the Internal Revenue Service and the Department of
Homeland Security regarding employers who have violations
related to the employment of unauthorized aliens.
(8) Increased penalties under the Internal Revenue Code for
employers who have violations relating to the employment of
unauthorized aliens.
SEC. 3. UNLAWFUL EMPLOYMENT OF ALIENS.
(a) Section 274A of the Immigration and Nationality Act (8 U.S.C.
1324a) is amended to read as follows:
``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire an alien for employment in the United
States knowing or with reckless disregard that the
alien is an unauthorized alien (as defined in
subsection (b)(1)) with respect to such employment; or
``(B) to hire for employment in the United States
an individual without complying with the requirements
of 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.--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)(1)) 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).
``(A) By regulation, the Secretary may require, for
purposes of ensuring compliance with the immigration
laws, that an employer include in a written contract,
subcontract, or exchange an effective and enforceable
requirement that the contractor or subcontractor adhere
to the immigration laws of the United States, including
use of EEVS.
``(B) The Secretary may establish procedures by
which an employer may obtain confirmation from the
Secretary that the contractor or subcontractor has
registered with the EEVS and is utilizing the EEVS to
verify its employees.
``(C) The Secretary may establish such other
requirements for employers using contractors or
subcontractors as the Secretary deems necessary to
prevent knowing violations of this paragraph.
``(4) Application to federal government.--For purposes of
this section, the term `employer' includes entities in any
branch of the Federal Government.
``(5) Defense.--An employer that establishes that it has
complied in good faith with the requirements of subsections
(c)(1) through (c)(4), 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 such hiring, recruiting, or referral, however--
``(A) until such time as the Secretary has required
an employer to participate in the EEVS or such
participation is permitted on a voluntary basis
pursuant to subsection (d), a defense is established
without a showing of compliance with subsection (d);
and
``(B) to establish a defense, the employer must
also be in compliance with any additional requirements
that the Secretary may promulgate by regulation
pursuant to subsections (c), (d), and (k).
``(6) Failure to comply.--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.
``(b) Definitions.--
``(1) Definition of unauthorized alien.--As used in this
section, 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.
``(2) Definition of employer.--For purposes of this
section, the term `employer' means any person or entity hiring,
recruiting, or referring an individual for employment in the
United States.
``(c) Document Verification Requirements.--Any employer hiring,
recruiting, or referring 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 of
subsection (d) and the following paragraphs:
``(1) Attestation after examination of documentation.--
``(A) In general.--The employer must attest, under
penalty of perjury and on a form prescribed by the
Secretary, that it 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).
Such attestation 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 22 U.S.C. 211a; or
``(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.
``(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 with 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, and
``(II) 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, or
``(iii) 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.
``(D) Special rule for minors.--Notwithstanding
subparagraphs (B) and (C), a minor who is under the age
of 18 and who is unable to produce an identity document
described in clause (i) through (ii) of subparagraph
(B) or clause (i) through (iii) of subparagraph (C) is
exempt from producing such a document if--
``(i) a parent or legal guardian of the
minor completes a form prescribed by the
Secretary, and in the space for the minor's
signature, the parent or legal guardian writes
the words, `minor under age 18';
``(ii) a parent or legal guardian of the
minor completes a form prescribed by the
Secretary, the `Preparer/Translator
certification'; and
``(iii) the employer of the minor writes in
a form prescribed by the Secretary, in the
space after the words `Document Identification
#' the words, `minor under age 18'.
``(E) Special rule for individuals with
disabilities.--Notwithstanding subparagraphs (B) and
(C), an individual with a disability (as defined in
section 3 of the Americans with Disabilities Act of
1990 (42 U.S.C. 12102)) who is unable to produce an
identity document described in clause (i) through (ii)
of subparagraph (B) or clause (i) through (iii) of
subparagraph (C), and who is being placed into
employment by a nonprofit organization or association
or as part of a rehabilitation program, and an
individual who demonstrates mental retardation whether
or not the individual participates in an employment
placement program through a nonprofit organization or
association or as part of a rehabilitation program, is
exempt from producing such a document if--
``(i) a parent or legal guardian of the
individual, or a representative from the
nonprofit organization, association, or
rehabilitation program placing the individual
into a position of employment completes a form
prescribed by the Secretary, and in the space
for the covered individual's signature, writes
the words, `special placement';
``(ii) a parent or legal guardian of the
individual or the program representative,
completes a form prescribed by the Secretary,
the `Preparer/Translator certification'; and
``(iii) the employer of the covered
individual writes in a form prescribed by the
Secretary, in the space after the words
`Document Identification #' the words, `special
placement'.
``(F) Documents evidencing employment
authorization.--The following documents may 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); or
``(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.
``(G) Authority to prohibit use of certain
documents.--If the Secretary finds 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.
``(2) Individual attestation of employment authorization.--
The individual must 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 hand-written or electronic signature.
``(3) Retention of verification form.--After completion of
such form in accordance with paragraphs (1) and (2), the
employer must retain a paper, microfiche, microfilm, or
electronic version of the form and make it 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, five years
after the date of the recruiting or referral; and
``(B) in the case of the hiring of an individual--
``(i) five years after the date of such
hiring; or
``(ii) two years after the date the
individual's employment is terminated,
whichever is earlier.
``(4) Copying of documentation and recordkeeping
required.--
``(A) 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 (3), 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, as well as the date of
receipt.
``(B) 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) 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) 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.
``(5) Penalties.--An employer that fails to comply with any
requirement of this subsection shall be penalized under
subsection (e)(4)(B).
``(6) 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.
``(7) Nondiscrimination.--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 basic pilot program established
under section 403(a) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public Law
104-208; 8 U.S.C. 1324a note) is hereby renamed as the
`Employment Eligibility Verification System' or `EEVS' (and is
referred to in this section as such).
``(2) Extension of program.--The Secretary of Homeland
Security shall provide for the implementation of EEVS
throughout the United States on a timely basis, consistent with
the implementation of paragraph (3) and such System shall
continue in operation permanently and shall not terminate.
``(3) Implementation schedule.--
``(A) Priority employers.--Not later than 1 year
after the date of enactment of this section, the
Secretary in his discretion, 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 the EEVS. This requirement may be
applied to both newly hired and current employees. The
Secretary shall notify employers subject to this
subparagraph 60 days prior to required EEVS compliance.
``(B) Large employers.--Not later than 2 years
after the date of enactment of this Act of 2007 the
Secretary shall require an employer with 5,000 or more
employees in the United States to participate in the
System, with respect to all employees hired by the
employer after the date the Secretary requires such
participation.
``(C) Midsized employers.--Not later than 3 years
after the date of enactment of this Act, the Secretary
shall require an employer with less than 5,000
employees and 1,000 or more employees in the United
States to participate in the System, with respect to
all employees hired by the employer after the date the
Secretary requires such participation.
``(D) Small employers.--Not later than 4 years
after the date of the enactment of this Act of 2007,
the Secretary shall require all employers with less
than 1,000 employees in the United States to
participate in the System, with respect to all
employees hired by the employer after the date the
Secretary requires such participation.
``(E) All employees.--No later than 5 years after
the date of enactment of this section, all employers
shall participate in the EEVS with respect to new
employees and all employees whose identity and
employment authorization have not been previously
verified through EEVS. The Secretary may specify
earlier dates for participation in the EEVS in his
discretion for some or all classes of employer or
employee, provided that the Secretary provides
notification to employees and prints notification in
the Federal Register 60 days prior to required
compliance with EEVS.
``(F) The Secretary shall create the necessary
systems and processes to monitor the functioning of the
EEVS, including the volume of the workflow, the speed
of processing of queries, and the speed and accuracy of
responses. These systems and processes shall be audited
by the Government Accountability Office 9 months after
the date of enactment of this section and 24 months
after the date of enactment of this section. The
Government Accountability Office shall report the
results of the audits to Congress.
``(4) Participation in eevs.--The Secretary has the
following discretionary authority to require or to permit
participation in the EEVS--
``(A) to permit any employer that is not required
to participate in the EEVS to do so on a voluntary
basis; and
``(B) to require any employer that is required to
participate in the 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.
``(5) Consequence of failure to participate.--If an
employer is required under this subsection to participate in
the EEVS and fails to comply with the requirements of such
program with respect to an individual--
``(A) such failure shall be treated as a violation
of subsection (a)(1)(B) of this section with respect to
that individual, and
``(B) a rebuttable presumption is created that the
employer has violated subsection (a)(1)(A) or (a)(2) of
this section.
Subparagraph (B) shall not apply in any prosecution under
subsection 274A(f)(1).
``(6) Procedures for participants in the eevs.--
``(A) In general.--An employer participating in the
EEVS must register in the EEVS and conform to the
following procedures in the event of hiring,
recruiting, or referring any individual for employment
in the United States:
``(i) Registration of employers.--The
Secretary, through notice in the Federal
Register, shall prescribe procedures that
employers must follow to register in the EEVS.
In prescribing these procedures, the Secretary
shall have authority to require employers to
provide:
``(I) employer's name;
``(II) employer's Employment
Identification Number (EIN);
``(III) company address;
``(IV) name, position and Social
Security number of the employer's
employees accessing the EEVS; and
``(V) such other information as the
Secretary deems necessary to ensure
proper use and security of the EEVS.
The Secretary shall require employers to
undergo such training as the Secretary deems
necessary to ensure proper use and security of
the EEVS. To the extent practicable, such
training shall be made available
electronically.
``(ii) Provision of additional
information.--The employer shall obtain from
the individual (and the individual shall
provide) and shall record in such manner as the
Secretary may specify--
``(I) an individual's Social
Security account number,
``(II) if the individual does not
attest to United States nationality
under subsection (c)(2) of this
section, 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
an employee.
``(iii) Presentation of documentation.--The
employer, and the individual whose identity and
employment eligibility are being confirmed,
shall fulfill the requirements of subsection
(c) of this section.
``(B) Seeking confirmation.--
``(i) The employer shall use the EEVS to
provide to the Secretary all required
information in order to obtain confirmation of
the identity and employment eligibility of any
individual no earlier than the date of hire and
no later than on the first day of employment
(or recruitment or referral, as the case may
be). An employer may not, however, make the
starting date of an individual's employment
contingent on the receipt of a confirmation of
the identity and employment eligibility.
``(ii) For reverification of an employee
with a limited period of work authorization,
all required verification procedures must be
complete on the date the employee's work
authorization expires.
``(iii) For initial verification of an
employee hired before the employer is subject
to the employment eligibility verification
system, all required procedures must be
complete on such date as the Secretary shall
specify in accordance with subparagraph
(d)(2)(E).
``(iv) 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.
Additionally, the Secretary shall provide a
method of notifying employers of a
confirmation, nonconfirmation or a notice that
further action is required (`further action
notice'). The employer shall communicate to the
individual that is the subject of the
verification all information provided to the
employer by the EEVS for communication to the
individual in a timely manner.
``(C) Confirmation or nonconfirmation.--
``(i) Initial response.--The verification
system shall provide a confirmation, a
nonconfirmation, or a further action notice of
an individual's identity and employment
eligibility at the time of the inquiry, unless
for technological reasons or due to unforeseen
circumstances, the EEVS is unable to provide
such confirmation or further action notice. In
such situations, the system shall provide
confirmation or further action notice within 3
business days of the initial inquiry. If
providing confirmation or further action
notice, the EEVS shall provide an appropriate
code indicating such confirmation or such
further action notice.
``(ii) Confirmation upon initial inquiry.--
When the employer receives an appropriate
confirmation of an individual's identity and
work eligibility under the EEVS, the employer
shall record the confirmation in such manner as
the Secretary may specify.
``(iii) Further action notice upon initial
inquiry and secondary verification.--
``(I) Further action notice.--If
the employer receives a further action
notice of an individual's identity or
work eligibility under the EEVS, the
employer shall inform the individual
without delay for whom the confirmation
is sought of the further action notice
and any procedures specified by the
Secretary for addressing the further
action notice. The employee must
acknowledge in writing the receipt of
the further action notice from the
employer.
``(II) Contest.--Within ten
business days from the date of
notification to the employee, the
employee must contact the appropriate
agency to contest the further action
notice and, if the Secretary so
requires, appear in person at the
appropriate Federal or State agency for
purposes of verifying the individual's
identity and employment authorization.
The Secretary, in consultation with the
Commissioner of Social Security and
other appropriate Federal and State
agencies, shall specify an available
secondary verification procedure to
confirm the validity of information
provided and to provide a final
confirmation or nonconfirmation. An
individual contesting a further action
notice must attest under penalty of
perjury to his identity and employment
authorization.
``(III) No contest.--If the
individual does not contest the further
action notice within the period
specified in subparagraph
(5)(C)(iii)(II), a final
nonconfirmation shall issue. The
employer shall then record the
nonconfirmation in such manner as the
Secretary may specify.
``(IV) Finality.--The EEVS shall
provide a final confirmation or
nonconfirmation within 10 business days
from the date of the employee's
contesting of the further action
notice. As long as 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) Re-examination.--Nothing in
this section shall 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.
``(VI) Termination.--In no case
shall an employer terminate employment
of an individual solely because of a
failure of the individual to have
identity and work eligibility confirmed
under this section until a
nonconfirmation becomes final and the
period to timely file an administrative
appeal has passed, and in the case
where an administrative appeal has been
denied, the period to timely file a
petition for judicial review has
passed. When final confirmation or
nonconfirmation is provided, the
confirmation system shall provide an
appropriate code indicating such
confirmation or nonconfirmation. An
individual's failure to contest a
further action notice shall not be
considered an admission of guilt with
respect to any violation of this
section or any provision of law.
``(D) Consequences of nonconfirmation.--
``(i) Termination of continued
employment.--If the employer has received a
final nonconfirmation regarding an individual,
the employer shall terminate employment (or
recruitment or referral) of the individual,
unless the individual files an administrative
appeal of a final nonconfirmation notice under
paragraph (7) within the time period prescribed
in that paragraph and the Secretary or the
Commissioner stays the final nonconfirmation
notice pending the resolution of the
administrative appeal.
``(ii) Continued employment after final
nonconfirmation.--If the employer continues to
employ (or to recruit or refer) an individual
after receiving final nonconfirmation (unless
the individual filed an administrative appeal
of a final nonconfirmation notice under
paragraph (7) within the time period prescribed
in that paragraph and the Secretary of the
Commissioner stayed the final nonconfirmation
notice pending the resolution of the
administrative appeal), a rebuttable
presumption is created that the employer has
violated subsections (a)(1)(A) and (a)(2) of
this section. The previous sentence shall not
apply in any prosecution under subsection
(f)(1) of this section.
``(E) Obligation to respond to queries and
additional information.--
``(i) Employers are required to comply with
requests from the Secretary through EEVS for
information, including queries concerning
current and former employees that relate to the
functioning of the EEVS, the accuracy of the
responses provided by the EEVS, and any
suspected fraud or identity theft in the use of
the EEVS. Failure to comply with such a request
is a violation of section (a)(1)(B).
``(ii) 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 must acknowledge
in writing the receipt of this communication
from the employer. Failure to communicate such
a requirement is a violation of section
(a)(1)(B).
``(iii) The Secretary is authorized, with
notice to the public provided in the Federal
Register, to implement, clarify, and supplement
the requirements of this paragraph in order to
facilitate the functioning of the EEVS or to
prevent fraud or identity theft in the use of
the EEVS.
``(F) Impermissible use of the eevs.--
``(i) An employer may not use the EEVS to
verify an individual prior to extending to the
individual an offer of employment.
``(ii) An employer may not require an
individual to verify the individual's own
employment eligibility through the EEVS as a
condition of extending to that individual an
offer of employment. Nothing in this paragraph
shall be construed to prevent an employer from
encouraging an employee or a prospective
employee from verifying the employee's or a
prospective employee's own employment
eligibility prior to obtaining employment
pursuant to paragraph (5)(H).
``(iii) An employer may not terminate an
individual's employment solely because that
individual has been issued a further action
notice.
``(iv) An employer may not take the
following actions solely because an individual
has been issued a further action notice:
``(I) reduce 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,
except that, with the agreement of the
employee, an employer may provide an
employee with reasonable time off
without pay in order to contest and
resolve the further action notice
received by the employee; and
``(IV) deny the employee the
training necessary to perform the
employment duties for which the
employee has been hired.
``(v) 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 subsection.
``(vi) The Secretary of Homeland Security
shall develop the necessary policies and
procedures to monitor employers' use of the
EEVS and their compliance with the requirements
set forth in this section. Employers are
required to comply with requests from the
Secretary for information related to any
monitoring, audit or investigation undertaken
pursuant to this subparagraph.
``(vii) 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
subparagraphs (i)-(v) may file a complaint
against the employer.
``(viii) Any employer found to have
violated subparagraphs (i)-(v) shall pay a
civil penalty of up to $10,000 for each
violation.
``(ix) 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.
``(x) No later than 3 months after the date
of enactment of this section, the Secretary of
Homeland Security, in cooperation with the
Secretary of Labor and the Administrator of the
Small Business Administration, shall conduct a
campaign to disseminate information respecting
the rights and remedies prescribed under this
section. Such campaign shall be aimed at
increasing the knowledge of employers,
employees, and the general public concerning
employer and employee rights, responsibilities
and remedies under this section.
``(I) In order to carry out the
campaign under this paragraph, the
Secretary of Homeland Security may, to
the extent deemed appropriate and
subject to the availability of
appropriations, contract with public
and private organizations for outreach
activities under the campaign.
``(II) There are authorized to be
appropriated to carry out this
paragraph $40,000,000 for each fiscal
year 2007 through 2009.
``(G) Based on a regular review of the 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 in consultation with the Commissioner of
Social Security may modify by Notice published in the
Federal Register the documents that must be presented
to the employer, the information that must be provided
to EEVS by the employer, and the procedures that must
be followed by employers with respect to any aspect of
the EEVS if the Secretary in his discretion concludes
that the modification is necessary to ensure that EEVS
accurately and reliably determines the work
authorization of employees while providing protection
against fraud and identity theft.
``(H) Subject to appropriate safeguards to prevent
misuse of the system, the Secretary in consultation
with the Commissioner of Social Security, shall
establish secure procedures to permit an individual who
seeks to verify the individual's own employment
eligibility prior to obtaining or changing employment,
to contact the appropriate agency and, in a timely
manner, correct or update the information used by the
EEVS.
``(7) Protection from liability for actions taken on the
basis of information provided by the confirmation system.--No
employer participating in the EEVS shall be liable under any
law for any employment-related action taken with respect to the
employee in good faith reliance on information provided through
the confirmation system.
``(8) Administrative review.--
``(A) In general.--An individual who receives a
final nonconfirmation notice may, not later than 30
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 avail himself of this paragraph. Unless
the Secretary of Homeland Security, in consultation
with the Commissioner of Social Security, specifies
otherwise, all administrative appeals shall be filed as
follows:
``(i) Nationals of the united states.--An
individual claiming to be a national of the
United States shall file the administrative
appeal with the Commissioner.
``(ii) Aliens.--An individual claiming to
be an alien authorized to work in the United
States shall file the administrative appeal
with the Secretary.
``(B) 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 within 30 days after the individual
has submitted 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 an appeal before him.
Administrative review under this paragraph (7) shall be
limited to whether the final nonconfirmation notice is
supported by the weight of the evidence.
``(C) Administrative relief.--The relief available
under this paragraph (7) is limited to an
administrative order upholding, reversing, modifying,
amending, or setting aside the final nonconfirmation
notice. The Secretary or the Commissioner shall stay
the final nonconfirmation notice pending the resolution
of the administrative appeal unless the Secretary or
the Commissioner determines that the administrative
appeal is frivolous, unlikely to succeed on the merits,
or filed for purposes of delay and terminates the stay.
``(D) Damages, fees and costs.--No money damages,
fees or costs may 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 or any other law.
``(9) Judicial review.--
``(A) Exclusive procedure.--Notwithstanding any
other provision of law (statutory or nonstatutory)
including sections 1361 and 1651 of title 28, 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 the EEVS, except as
specifically provided by this paragraph. Judicial
review of a final nonconfirmation notice is governed
only by chapter 158 of title 28, except as provided
below.
``(B) Requirements for review of a final
nonconfirmation notice.--With respect to review of a
final nonconfirmation notice under subsection (a), the
following requirements apply:
``(i) Deadline.--The petition for review
must be filed no later than 30 days after the
date of the completion of the administrative
appeal.
``(ii) Venue and forms.--The petition for
review shall be filed with the United States
Court of Appeals for the judicial circuit
wherein the petitioner resided when the final
nonconfirmation notice 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. The court of appeals
may set an expedited briefing schedule.
``(v) 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
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 conclude to the contrary.
``(vi) Stay.--The court of appeals shall
stay the final nonconfirmation notice pending
its decision on the petition for review unless
the court determines that the petition for
review is frivolous, unlikely to succeed on the
merits, or filed for purposes of delay.
``(C) Exhaustion of administrative remedies.--A
court may review a final nonconfirmation order only
if--
``(i) the petitioner has exhausted all
administrative remedies available to the alien
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
(other than 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.
``(10) Management of employment eligibility verification
system.--
``(A) In general.--The Secretary shall manage and
modify the EEVS in order to--
``(i) 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;
``(ii) 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 the EEVS; and
``(iii) provide information to, and request
action by, employers and individuals using the
system, including notifying employers in
advance 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.
``(B) Operation of system.--The EEVS shall be
operated--
``(i) to maximize its reliability and ease
of use by employers consistent with insulating
and protecting the privacy and security of the
underlying information;
``(ii) 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;
``(iii) to maintain appropriate
administrative, technical, and physical
safeguards to prevent unauthorized disclosure
of personal information;
``(iv) to allow for auditing use of the
system to detect fraud and identify theft, and
to preserve the security of the information in
all of the system, including but not limited to
the following:
``(I) to develop and use algorithms
to detect potential identity theft,
such as multiple uses of the same
identifying information or documents;
``(II) to develop and use
algorithms to detect misuse of the
system by employers and employees;
``(III) to develop capabilities to
detect anomalies in the use of the
system that may indicate potential
fraud or misuse of the system; and
``(IV) to audit documents and
information submitted by potential
employees to employers, including
authority to conduct interviews with
employers and employees;
``(v) 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 (D);
``(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 State
department of motor vehicles; and
``(vi) to confirm electronically 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. If in
exceptional cases a photograph is not available
from the issuer, the Secretary shall specify a
temporary alternative procedure for confirming
the authenticity of the document.
``(C) Operational and technical regulations.--The
Secretary is authorized, with notice to the public
provided in the Federal Register, to issue regulations
concerning operational and technical aspects of the
EEVS and the efficiency, accuracy, and security of the
EEVS.
``(D) Access to information.--
``(i) Notwithstanding any other provision
of law, the Secretary of Homeland Security
shall have access to relevant records described
at paragraph (9)(B)(v), for the purposes of
preventing identity theft and fraud in the use
of the EEVS and enforcing the provisions of
this section governing employment verification.
``(ii) The Secretary, in consultation with
the Commissioner of Social Security and other
appropriate Federal and State agencies, 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 paragraph and subparagraph
(d)(5)(E)(i). 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
paragraph and subparagraph (d)(5)(E)(i).
``(iii) The Chief Privacy Officer of the
Department of Homeland Security shall conduct
regular privacy audits of the policies and
procedures established under subparagraph
(9)(D)(ii), 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.
``(E) Responsibilities of the secretary of homeland
security.--
``(i) As part of the EEVS, the Secretary
shall maintain a reliable, secure method,
which, operating through the EEVS and within
the time periods specified, 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.
``(ii) As part of the EEVS, the Secretary
shall establish a reliable, secure method,
which, operating through the EEVS, displays the
digital photograph described in paragraph
(d)(9)(B)(vi).
``(iii) The Secretary shall have authority
to prescribe when a confirmation,
nonconfirmation or further action notice shall
be issued.
``(iv) The Secretary shall perform regular
audits under the EEVS, as described in
paragraph (d)(9)(B)(iv) of this section and
shall utilize the information obtained from
such audits, as well as any information
obtained from the Commissioner of Social
Security pursuant to section 4 of this Act, for
the purposes of this Act and of immigration
enforcement in general.
``(v) The Secretary shall make appropriate
arrangements to allow employers who are
otherwise unable to access the EEVS to use
Federal Government facilities or public
facilities in order to utilize the EEVS.
``(vi) The Secretary shall authorize
certain entities to serve as liaisons between
the electronic verification system and
employers who wish to outsource submission of
employment eligibility verification queries for
newly hired or current employees. The Secretary
shall establish regulations modeled on the E-
Verify Designated Agent program in place at the
Department as of 2007. Designated agents shall
register with the Department and sign a
Memorandum of Understanding as determined by
the Secretary. Additionally designated agents
shall sign the determined Memorandum of
Understanding with each employer who has
designated the agent to perform verification
services on their behalf. The Secretary may
authorize regulations ensuring proper conduct
and oversight of designated agents as
appropriate. The Secretary shall make available
to employers information on how to identify and
enter into an agreement with a designated agent
to arrange for such an agent to perform
verification services on their behalf.
``(F) Responsibilities of the secretary of state.--
As part of the 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 section (c)(1)(B) belongs
to the subject of the EEVS check, or that a passport or
visa photograph matches an individual.
``(G) Updating information.--The Commissioner of
Social Security and the Secretaries of Homeland
Security and State shall update their information in a
manner that promotes maximum accuracy and shall provide
a process for the prompt correction of erroneous
information.
``(11) Limitation on use of the employment eligibility
verification system.--Notwithstanding any other provision of
law, nothing in this subsection shall be construed to permit or
allow any department, bureau, or other agency of the United
States Government to utilize any information, database, or
other records assembled under this subsection for any purpose
other than for the enforcement and administration of the
immigration laws, anti-terrorism laws, or for enforcement of
Federal criminal law related to the functions of the EEVS,
including prohibitions on forgery, fraud and identity theft.
``(12) 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 one authorized under this section shall pay a civil
penalty of $5,000-$50,000 for each violation.
``(13) Conforming amendment.--Public Law 104-208, div. C,
title IV, subtitle A, sections 402-405 are repealed, provided
that nothing in this subsection shall be construed to limit the
authority of the Secretary to allow or continue to allow the
participation of Basic Pilot employers in the EEVS established
by this subsection.
``(14) Funds.--In addition to any appropriated funds, the
Secretary is authorized to use funds provided in sections 286
(m) and (n), for the maintenance and operation of the EEVS.
EEVS shall be considered an immigration adjudication service
for purposes of sections 286 (m) and (n).
``(15) Non-discrimination.--The employer shall use the
procedures for EEVS specified in this section for all employees
without regard to national origin or citizenship status.
``(e) 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 (g)(1);
``(B) for the investigation of those complaints
which the Secretary deems it appropriate to
investigate; and
``(C) for the investigation of such other
violations of subsection (a) or (g)(1) as the Secretary
determines to be appropriate.
``(2) Authority in investigations.--In conducting
investigations and hearings under this subsection--
``(A) immigration officers shall have reasonable
access to examine evidence of any employer being
investigated; and
``(B) 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. 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 thereof. Failure to cooperate
with such subpoena shall be subject to further
penalties, including but not limited to further fines
and the voiding of any mitigation of penalties or
termination of proceedings under subsection (e)(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 or the requirements of this
section, including but not limited to subsections (b),
(c), (d), and (k), 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 pre-penalty 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.--
Whenever any employer receives written pre-penalty
notice of a fine or other penalty in accordance with
subparagraph (A), the employer may file, within 15 days
from receipt of such notice, 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 finds that such fine,
penalty, or forfeiture was incurred erroneously, or
finds the existence of such 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 deems
reasonable and just, or order termination of any
proceedings relating thereto. Such mitigating
circumstances may include, but need not be limited to,
good faith compliance and participation in, or
agreement to participate in, the EEVS, if not otherwise
required. This subparagraph shall not apply to an
employer that has or is engaged in a pattern or
practice of violations of subsection (a)(1)(A),
(a)(1)(B), or (a)(2) or of any other requirements of
this section.
``(C) Penalty claim.--After considering evidence
and representations, if any, 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 deems appropriate.
``(4) Civil penalties.--
``(A) Hiring and continued employment of
unauthorized aliens.--Any employer that violates any
provision of subsection (a)(1)(A) or (a)(2) shall--
``(i) pay a civil penalty of not less than
$550 and not more than $4,400 for each
unauthorized alien with respect to which each
violation of either subsection (a)(1)(A) or
(a)(2) occurred;
``(ii) if an employer has previously been
fined under subsection (e)(4)(A), pay a civil
penalty of not less than $4,400 and not more
than $11,000 for each unauthorized alien with
respect to which a violation of either
subsection (a)(1)(A) or (a)(2) occurred;
``(iii) if an employer has previously been
fined more than once under subsection (e)(4),
pay a civil penalty of not less than $6,600 and
not more than $22,000 for each unauthorized
alien with respect to which a violation of
either subsection has occurred. This penalty
shall apply, in addition to any penalties
previously assessed, to employers who fail 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
(e)(4)(A), pay a civil penalty of ``$10,000 for
each alien with respect to which a violation of
either subsection (a)(1) or (a)(2) occurred;
and
``(v) in addition to any penalties
previously assessed, an employer who fails to
comply with a previously issued and final order
under this section shall be fined $25,000 for
each violation.
``(B) Recordkeeping or verification practices.--Any
employer that violates or fails to comply with any
requirement of subsection (b), (c), and (d), shall pay
a civil penalty as follows:
``(i) Pay a civil penalty of $1,000 for
each violation.
``(ii) If an employer has previously been
fined under subsection (e)(4)(B), pay a civil
penalty of $2,000 for each violation.
``(iii) If an employer has previously been
fined more than once under subsection (e)(4),
pay a civil penalty of $5,000 for each
violation. This penalty shall apply, in
addition to any penalties previously assessed,
to employers who fail 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
(e)(4)(B), pay a civil penalty of $15,000 for
each violation.
``(v) In addition to any penalties
previously assessed, an employer who fails to
comply with a previously issued and final order
under this section shall be fined $15,000 for
each violation.
``(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 paragraph
(g)(2). All penalties in this section may be adjusted
every four years to account for inflation as provided
by law.
``(D) Penalty reduction and mitigation.--The
Secretary is authorized to reduce or mitigate penalties
imposed upon employers, based upon factors including,
but not limited to, 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. Within 60
days of 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 subsections (c)(1) through
(c)(4), pertaining to document verification requirements, and
with subsection (d), pertaining to the EEVS (once that system
is implemented according to the requirements of (d)(1)), and
with any additional requirements that the Secretary may
promulgate by regulation pursuant to subsections (c), (d), 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 is authorized to publish in the Federal
Register standards or methods for such certification, require
specific recordkeeping practices with respect to such
certifications, and audit the records thereof at any time. This
authority shall not be construed to diminish or qualify any
other penalty provided by this section.
``(6) Judicial review.--
``(A) In general.--Notwithstanding any other
provision of law (statutory or nonstatutory) including
sections 1361 and 1651 of title 28, no court shall have
jurisdiction to consider a final determination or
penalty claim issued under subparagraph (3)(C), except
as specifically provided by this paragraph. Judicial
review of a final determination under paragraph (e)(4)
is governed only by chapter 158 of title 28, except as
specifically provided below. The filing of a petition
as provided in this paragraph shall stay the
Secretary's determination until entry of judgment by
the court. The Secretary is authorized to 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
subparagraph (3)(C), the following requirements apply:
``(i) Deadline.--The petition for review
must be filed no later than 30 days after the
date of the final determination or penalty
claim issued under subparagraph (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
subparagraph (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
(other than 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 that employer
under this subsection, and the final determination is not
subject to review as provided in 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 liable for
a fee or penalty under this section neglects or refuses
to pay such liability and fails to file a petition for
review (if applicable) as provided in paragraph 6 of
this subsection, 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 as provided in paragraph 6 of this subsection,
the lien (if any) shall arise upon the entry of a final
judgment by the court. The lien continues for 20 years
or until the liability is satisfied, remitted, set
aside, or is terminated.
``(B) Effect of filing notice of lien.--Upon filing
of a notice of lien in the manner in which a notice of
tax lien would be filed under section 6323(f) (1) and
(2) 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 section 6323 of the Internal Revenue Code of 1986
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 chapter 176 of title
28 shall apply to liens filed as prescribed by this
section.
``(C) Enforcement of a lien.--A lien obtained
through this process shall be considered a debt as
defined by 28 U.S.C. 3002 and enforceable pursuant to
the Federal Debt Collection Procedures Act.
``(f) Criminal Penalties and Injunctions for Pattern or Practice
Violations.--
``(1) Criminal penalty.--Any employer which engages in a
pattern or practice of knowing violations of subsection
(a)(1)(A) or (a)(2) 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 six months for the entire
pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--
Whenever the Secretary 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 deems necessary.
``(g) 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.--Any employer which is determined,
after notice and opportunity for mitigation of the monetary
penalty under subsection (e), to have violated paragraph (1) of
this subsection 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.
``(h) Government Contracts.--
``(1) Employers.--Whenever an employer who does not hold
Federal contracts, grants, or cooperative agreements is
determined by the Secretary to be 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 of up to two years in accordance with the procedures and
standards prescribed by the Federal Acquisition Regulations.
The Secretary or the Attorney General shall advise 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. 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.
``(2) Contractors and recipients.--Whenever an employer who
holds Federal contracts, grants, or cooperative agreements is
determined by the Secretary to be 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 of up to two years in accordance with the procedures and
standards prescribed by the Federal Acquisition Regulations.
Prior to debarring the employer, the Secretary, in cooperation
with the Administrator of General Services, shall advise 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 of up to two years. After consideration
of the views of agencies holding contracts, grants or
cooperative agreements with the employer, the Secretary may, in
lieu of proceedings to debar the employer from the receipt of
new Federal contracts, grants, or cooperative agreements for a
period of up to two 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. However, 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 violation.--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.
``(i) Miscellaneous Provisions.--
``(1) 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.
``(2) Preemption.--The provisions of this section preempt
any State or local law that requires the use of the EEVS in a
fashion that conflicts with Federal policies, procedures or
timetables, or that imposes civil or criminal sanctions (other
than through licensing and similar laws) upon those who employ,
or recruit or refer for a fee for employment, unauthorized
aliens.
``(j) 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.
``(k) No Match Notice.--
``(1) In general.--For the purpose of this subsection, a no
match notice is written notice from the Social Security
Administration (SSA) 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 the Social Security
Administration, 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) Notification of employee.--An employee subject to a
no-match notice shall also be issued a no-match notice, within
5 days of the employer, which shall explain--
``(A) that the no-match notice has been issued to
employer;
``(B) that the no-match notice does not represent a
binding decision on employment status;
``(C) that the employee has the right to resolve
the no-match notice within the period of time
designated by (k)(2); and
``(D) that the employee is protected from adverse
employment consequences during the period of time
designated by (k)(2).
``(3) Time period for resolution.--The Secretary shall
establish by regulation a reasonable period of time during
which an employer must allow an employee who is subject to a
no-match notice to resolve the no-match notice with no adverse
employment consequences. The period of time shall be extended
in such cases where an employee has sought resolution of the
no-match notice, at an office of the Social Security
Administration or other appropriate entity, during the
designated period of time but final resolution or non-
resolution of the no-match noticed has yet to be determined by
the office or entity in question. The period of time shall be
extended until such time as the pending final resolution or
non-resolution of the no-match notice is determined, provided
that the employee has acted in good faith cooperation with the
office or entity in question.
``(4) Continued employment in case of unresolved no-
match.--The Secretary shall establish by regulation a procedure
for verifying employer compliance with any provision of
subsection (a)(2) in the case of unresolved no-match notices.
``(5) Challenges to validity.--
``(A) In general.--Any right, benefit, or claim not
otherwise waived or limited pursuant to this section is
available in an action instituted in the United States
District Court for the District of Columbia, but shall
be limited to determinations of--
``(i) whether this section, or any
regulation issued to implement this section,
violates the Constitution of the United States;
or
``(ii) 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 title 5, chapter 5,
United States Code.
``(B) Deadlines for bringing actions.--Any action
instituted under this paragraph must be filed no later
than 90 days after the date the challenged section or
regulation described in clause (i) or (ii) of
subparagraph (A) is first implemented.
``(C) 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.
``(D) 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.
``(E) 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 title brought pursuant to
this subsection.''.
SEC. 4. EFFECTIVE DATE.
This title shall become effective on the date of enactment.
SEC. 5. 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 (in this paragraph
referred to 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.--
(A) In general.--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) certifies to the Secretary for the most
recent annual period that such contractor is in
compliance with all such requirements.
The certification required by subparagraph (D) shall include
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.''.
(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) 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.
(c) Repeal of Reporting Requirements.--
(1) Report on earnings of aliens not authorized to work.--
Subsection (c) of section 290 of the Immigration and
Nationality Act (8 U.S.C. 1360) is repealed.
(2) Report on fraudulent use of social security account
numbers.--Subsection (b) of section 414 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) Effective Dates.--
(1) In general.--The amendments made by subsection (a)
shall apply to disclosures made 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. 6. RESPONSIBILITIES OF THE SOCIAL SECURITY ADMINISTRATION.
Section 205(c)(12) of the Social Security Act, 42 U.S.C. 405(c)(2),
is amended by adding at the end the following new subparagraphs:
``(I) Responsibilities of the commissioner of
social security.--
``(i) Employment verification.--As part of
the verification system, 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 EEVS and within the time periods specified
in section 274A(d) of the Immigration and
Nationality Act:
``(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) the correspondence of the
name, number, and any other identifying
information;
``(III) whether the name and number
belong to an individual who is
deceased;
``(IV) whether an individual is a
national of the United States (when
available); and
``(V) whether the individual has
presented a Social Security account
number that is not valid for
employment.
The EEVS shall not disclose or release social
security information to employers through the
confirmation system (other than such
confirmation or nonconfirmation).
``(ii) Social security administration
database improvements.--For purposes of
preventing identity theft, protecting
employees, and reducing burden on employers,
and notwithstanding section 6103 of title 26,
United States Code, the Commissioner of Social
Security, in consultation with the Secretary,
shall 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
likely to contribute to fraudulent use of
documents, or identity theft, or to affect the
proper functioning of the EEVS or accuracy of
no-match notices and shall correct any
identified errors. The Commissioner shall
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) Social security update public
information campaign.--The Commissioner shall
implement a public information campaign
explaining the importance of verifying the
accuracy of a citizen's or other authorized
Social Security card holder's information in
the Social Security Administration Database.
``(I) The campaign shall include
information on how to verify that an
individual's record in the Social
Security Database is correct and make
corrections if needed.
``(II) The campaign shall target
groups of individuals who are most
likely to have outdated records, such
as persons who have changed their name
(such as may be the case in marriage or
divorce), naturalized citizens, and
other groups of individuals identified
by the Commissioner.
``(III) In order to carry out the
campaign under this paragraph, the
Commissioner may, to the extent deemed
appropriate and subject to the
availability of appropriations,
contract with public and private
organizations for outreach activities
under the campaign.
``(IV) There are authorized to be
appropriated to carry out this
paragraph $10,000,000 for each fiscal
year 2008 through 2010.
``(iv) Notification to `freeze' use of
social security number.--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 the EEVS based on that
individual's Social Security number until it is
reactivated by that individual.
``(v) Social security administration no-
match resolution support.--The Commissioner
shall take necessary steps to ensure prompt
final resolution or non-resolution of no-match
notices when employees subject to such notices
inquire about the no-match notice at an office
of the Social Security Administration whenever
possible.''.
SEC. 7. 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) Employee social security account number exemption.--
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), the exemption to reasonable cause
waiver eligibility for employee Social Security account
numbers 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 has been resolved,
or
``(ii) corrects a clerical error made by
the employer with respect to the Social
Security account number of an employee within
60 days after notification under section
205(c)(2)(1) 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 less 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 of Homeland Security, 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 shall assign to the unit a minimum of 10 full-time
special agents and necessary support staff and is authorized to
employ up to 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 establishment of such unit 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 as follows--
(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)(1)(A), by striking ``$15 in lieu of
$50'' and inserting ``$60 in lieu of $200'',
(3) in subsection (b)(1)(B), by striking ``$75,000'' and
inserting ``$300,000'',
(4) in subsection (b)(2)(A), by striking ``$30 in lieu of
$50'' and inserting ``$120 in lieu of $200'',
(5) in subsection (b)(2)(B), by striking ``$150,000'' and
inserting ``$600,000'',
(6) in subsection (d)(A) in paragraph (1)--
(A) by striking ```$100,000' for `$250,000''' and
inserting ```$400,000' for `$1,000,000''' in
subparagraph (A),
(B) by striking ```$25,000' for `$75,000''' and
inserting ```$100,000' for `$300,000''' in subparagraph
(B), and
(C) by striking ```$50,000' for `$150,000''' and
inserting ```$200,000' for `$600,000''' in subparagraph
(C),
(D) in paragraph (2)(A), by striking ``$5,000,000''
and inserting ``$2,000,000'', and
(E) in the heading, by striking ``$5,000,000'' and
inserting ``$2,000,000'',
(7) in subsection (e)(2)--
(A) by striking ``$100'' and inserting ``$400'',
(B) by striking ``$25,000'' and inserting
``$100,000'' in subparagraph (C)(i), and
(C) by striking ``$100,000'' and inserting
``$400,000'' in subparagraph (C)(ii), and
(8) in subsection (e)(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 enactment of this Act.
SEC. 8. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION AGENTS.
(a) Increase in Number of Personnel.--The Secretary shall, subject
to the availability of appropriations for such purpose, increase, by
not less than 1,150, the number of personnel of the Bureau of
Immigration and Customs Enforcement during the 5-year period beginning
on the date of the enactment of this Act for the purpose of increasing
enforcement of compliance with sections 274A and 274C of the
Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).
(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Secretary for each of the fiscal years 2007 through
2011 such sums as may be necessary to carry out this section.
SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
(a) 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
the following appropriations:
(1) In each of the five years beginning on the date of the
enactment of this Act, the appropriations necessary to increase
to a level not less than 4500 the number of personnel of 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 EEVS. These
personnel shall perform the following compliance and monitoring
activities:
(A) Verify Employment Identification Numbers of
employers participating in the EEVS.
(B) Verify compliance of employers participating in
the EEVS with the requirements for participation that
are prescribed by the Secretary.
(C) Monitor the EEVS for multiple uses of Social
Security Numbers and any immigration identification
numbers for evidence that could indicate identity theft
or fraud.
(D) Monitor the EEVS to identify discriminatory
practices.
(E) Monitor the 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) Identify instances where employees allege that
an employer violated their privacy rights.
(G) Analyze and audit the use of the EEVS and the
data obtained through the EEVS to identify fraud
trends, including fraud trends across industries,
geographical areas, or employer size.
(H) Analyze and audit the use of the EEVS and the
data obtained through the EEVS to develop compliance
tools as necessary to respond to changing patterns of
fraud.
(I) Provide employers with additional training and
other information on the proper use of the EEVS.
(J) Perform threshold evaluation of cases for
referral to the U.S. Immigration and Customs
Enforcement and to liaise with the U.S. Immigration and
Customs Enforcement with respect to these referrals.
(K) Any other compliance and monitoring activities
that, in the Secretary's judgment, are necessary to
ensure the functioning of the EEVS.
(L) Investigate identity theft and fraud detected
through the EEVS and undertake the necessary
enforcement actions.
(M) Investigate use of fraudulent documents or
access to fraudulent documents through local
facilitation and undertake the necessary enforcement
actions.
(N) Provide support to the U.S. Citizenship and
Immigration Services with respect to the evaluation of
cases for referral to the U.S. Immigration and Customs
Enforcement.
(O) Perform any other investigations that, in the
Secretary's judgment, are necessary to ensure the
functioning of the EEVS, and undertake any enforcement
actions necessary as a result of these investigations.
(2) The appropriations necessary to acquire, install and
maintain technological equipment necessary to support the
functioning of the EEVS and the connectivity between U.S.
Citizenship and Immigration Services and the U.S. Immigration
and Customs Enforcement with respect to the sharing of
information to support the EEVS and related immigration
enforcement actions.
(b) There are authorized to be appropriated to Commissioner of
Social Security such sums as may be necessary to carry out the
provisions of this Act, including section 6 of this Act.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committees on Ways and Means, and Education and Labor, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Judiciary
Referred to House Ways and Means
Referred to House Education and Labor
Referred to the Subcommittee on Social Security.
Referred to the Subcommittee on Immigration, Citizenship, Refugees, Border Security, and International Law.
Referred to the Subcommittee on Workforce Protections.
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