H.R. 5515 would amend the Social Security Act to prevent unauthorized earnings from being credited toward benefits under title II of such Act and to make improvements in provisions governing totalization agreements, it would amend the Social Security Act and the Immigration and Nationality Act to prevent unauthorized employment, and it would improve coordination of the provisions of such Acts.
Detailed Summary
New Employee Verification Act of 2008 - Amends the Immigration and Nationality Act (INA) to require employers to verify employee identification and employment eligibility under the Electronic Employment Verification System (EEVS) or the Secure Employment Eligibility Verification System (SEEVS) (as established by this Act).
Permits employers subject to employee verification requirements to do so under EEVS or SEEVS.
Sets forth provisions respecting: (1) voluntary and expedited participation; (2) employer penalties for failure to participate in EEVS or SEEVS; (3) employer and employee information and document requirements; (4) employer liability protection; (5) attestation; and (6) consequences of EEVS determinations.
States that nothing in this Act shall be construed to require a national identification card.
Repeals the employment eligibility pilot programs under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
Amends title II (Old Age, Survivor's and Disability Insurance) of the Social Security Act (SSA) to direct the Commissioner of Social Security, to establish EEVS utilizing information in the National Directory of New Hires.
States that EEVS shall have the capacity to determine whether: (1) employer-submitted information is consistent with information maintained by the Commissioner with respect to U.S. citizens and nationals and by the Secretary of Homeland Security with respect to aliens; and (2) the individual is a citizen or national or is not an unauthorized alien.
Sets forth provisions respecting: (1) submission for confirmation of an individual's identification and employment eligibility and related EEVs determinations; (2) administrative and judicial review of employment disapproval; (3) EEVS implementation; and (4) data use by EEVS.
Directs the Commissioner to establish SEEVS to provide, through government certified private entities, for verification of identity and employment eligibility respecting new employees
Permits an employer to opt out of SEEVS after one year's participation.
Sets forth provisions respecting: (1) certification of entities; (2) database management, including limitations on accessibility and the use and storage of biometric data; (3) employer responsibilities; (4) employee protections; and (5) information security and confidentiality, including penalties for violations.
Directs the Commissioner to establish the Employment Verification Advisory Council, which shall terminate five years after enactment of this Act.
Amends INA to: (1) apply certain antidiscrimination provisions to EEVS and SEEVS; (2) increase civil money penalties for unfair employment practice violations; (3) increase civil money penalties for certain hiring, recruiting, and referral violations (reduces certain penalties for small employers, exempts certain good faith, first-time violations, and provides a safe harbor for certain contractors); and (4) increase criminal penalties for pattern or practice violations.
Amends SSA to: (1) provide for disclosure to the Secretary of Homeland Security of certain National Directory of New Hires information about employees with the greatest number or percentage of mismatched social security information; (2) deny credit toward earnings benefits from unauthorized work; (3) revise totalization agreement provisions; and (4) prohibit survivor's lump sum death payments to individuals who have been removed from the United States under INA.
Status of the Legislation
Latest Major Action: 4/17/2008: Referred to House subcommittee. Status: Referred to the Subcommittee on Workforce Protections.
Points in Favor
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Points Against
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Visitor Comments
Roy
While I believe this is a step in the right direction, if I understand it correctly it is for "new" employees only. Kudos to those that are making this valiant effort to make things right.
Bryan
Right, it's for "new" employees. It is voluntary (unless an employer has a national security nature). It eliminates any state laws requiring employers to use it. On top of having no teeth, it is attempting to restart a project that has been worked on for years, it's an attempt to stall verification.
Don't outsource
Well what do you know another “Comprehensive Immigration Reform Act” and “Dream Act”.Will they ever learn? Can't believe that these neocons were voted into office! Our Politician are all Luciferians!!
Jack
Read this Bill - it is okay but has two real bad flaws:
1) Requires that an employer actually hire the worker before he can check the system on eligibility. Why? That's crazy.
2) Allows for private entities to set up a parallel “Secure Employment Eligibility Verification System” which can be used in lieu of the federal government system. There are no specified constraints on who can set up these external systems. They have access to SS numbers and all federal info. Identity theft will be out of control with this one.
Needs to be changed before it passes.