S.Amdt. 2443

1. Adds SEC. __. IMPROVEMENTS TO THE EMPLOYMENT ELIGIBILITY VERIFICATION BASIC PILOT PROGRAM wherever appropriate

   Adds a section

   Inserted: SEC. __. IMPROVEMENTS TO THE EMPLOYMENT ELIGIBILITY VERIFICATION BASIC PILOT PROGRAM.

   Inserted: (1) In general.--The Secretary of Homeland Security shall improve the basic pilot program described in section 403(a) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) to--

   Inserted: (A) respond to inquiries made by participating employers through the Internet to help confirm an individual's identity and determine whether the individual is authorized to be employed in the United States;

   Inserted: (B) electronically confirm the issuance of an employment authorization or identity document to the individual who is seeking employment, and to display the photograph that the issuer placed on such document to allow an employer to verify employment authorization or identity by comparing the photograph displayed on the document presented by the individual to the photograph transmitted by the Department of Homeland Security;

   Inserted: (C) maximize the reliability and ease of use of the basic pilot program by employers, while insulating and protecting the privacy and security of the underlying information;

   Inserted: (D) respond accurately to all inquiries made by employers on whether individuals are authorized to be employed in the United States;

   Inserted: (E) maintain appropriate administrative, technical, and physical safeguards to prevent unauthorized disclosure of personal information; and

   Inserted: (F) allow for auditing the use of the system to detect fraud and identify theft, and to preserve the security of the information collected through the basic pilot program, including--

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

   Inserted: (ii) the development and use of algorithms to detect misuse of the system by employers and employees;

   Inserted: (iii) the development of capabilities to detect anomalies in the use of the basic pilot program that may indicate potential fraud or misuse of the program; and

   Inserted: (iv) auditing documents and information submitted by potential employees to employers, including authority to conduct interviews with employers and employees.

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   Inserted: (2) Coordination with state governments.--If use of an employer verification system is mandated by State or local law, the Secretary of Homeland Security, in consultation with appropriate State and local officials, shall--

   Inserted: (A) ensure that State and local programs have sufficient access to the Federal Government's Employment Eligibility Verification System and ensure that such system has sufficient capacity to--

   Inserted: (i) register employers in States with employer verification requirements;

   Inserted: (ii) respond to inquiries by employers; and

   Inserted: (iii) enter into memoranda of understanding with States to ensure responses to clauses (i) and (ii); and

   Inserted: (B) permit State law enforcement authorities to access data maintained by the basic pilot program through a written or electronic inquiry to the Chief Privacy Officer of the Department of Homeland Security; and

   Inserted: (C) develop policies and procedures to ensure protection of the privacy and security of personally identifiable information and identifiers contained in the basic pilot program, including appropriate privacy and security training for State employees.

   Inserted: (3) Responsibilities of the social security administration.--In order to prevent identity theft, protect employees, and reduce the burden on employers, the Commissioner of Social Security, in consultation with the Secretary of Homeland Security, shall--

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

   Inserted: (B) work to correct any errors identified under subparagraph (A); and

   Inserted: (C) work to ensure that a system for identifying and promptly correcting such deficiencies and discrepancies is adopted to ensure the accuracy of the Social Security Administration's databases.

   Inserted: (4) Rulemaking.--The Secretary is authorized, with notice to the public provided in the Federal Register, to issue regulations concerning operational and technical aspects of the basic pilot program and the efficiency, accuracy, and security of such program.

   Inserted: (5) Authorization of appropriations.--There is authorized to be appropriated $60,000,000 for fiscal year 2008 for the expansion and base operations of the Employment Eligibility Verification Basic Pilot Program.

   The amendment doesn't say where this goes; the clerk decides.

   Original wording

   At the appropriate place, insert the following:

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As printed