S.Amdt. 1346

1. Inserts new text on page 1319, between lines 17 and 18

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   Inserted: (G) Voluntary program on identity authentication.--

   Inserted: (i) In general.--Not later than 18 months after the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act, the Secretary shall establish by regulation, as part of an optional electronic platform for accessing the System, an identity authentication program that is made available to individuals and entities on a voluntary basis and that contains additional mechanisms for authenticating an individual's identity and using the authenticated identity information for employment eligibility verification purposes.

   Inserted: (ii) Design and operation of program.--The voluntary program required by clause (i) shall be designed and operated to include an identity verification platform that--

   Inserted: (I) uses state-of-the-art multidimensional knowledge-based authentication technology to determine to a high degree of accuracy whether an individual presenting biographic information is the individual with that true identity;

   Inserted: (II) to the extent helpful in acquiring the best technology to implement the program, is operated pursuant to a contract or other agreement with a nongovernmental entity or entities, but that remains under the control of the Secretary as to the use of all determinations communicated by the platform, regardless of the entity operating the platform;

   Inserted: (III) communicates tentative and final nonconfirmations of identity;

   Inserted: (IV) is integrated with the System so that employment authorizations will be determined for all individuals identified as presenting their true identities through the databases maintained by the Commissioner of Social Security and the Secretary;

   Inserted: (V) is designed to make risk-based assessments regarding the reliability of a claim of a identity made by an individual presenting biographic information and to tailor the identity determination in accordance with those assessments;

   Inserted: (VI) is designed to permit queries to be presented to individuals subject to identity verification at the time their identities are being verified in a manner that permits rapid communication through Internet, mobile phone, and landline telephone connections to facilitate identity-proofing;

   Inserted: (VII) generates queries that conform to the context of the identity verification process and the circumstances of the individual whose identity is being verified;

   Inserted: (VIII) uses publicly available databases as well as databases under the jurisdiction of the Commissioner of Social Security, the Secretary of Homeland Security (including the U.S.-VISIT data base), and the Secretary of State (including passport and visa databases) to formulate queries to be presented to individuals whose identities are being verified;

   Inserted: (IX) will not retain data collected by the platform within any database separate from the one in which the platform is located and will limit access to the existing databases to a reference process that shields the operator of the platform from acquiring possession of the data beyond the formulation of queries and verification of responses;

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   Inserted: (X) does not permit individuals or entities using the System access to any data related to the individuals whose identities are being verified beyond confirmations and tentative and final nonconfirmations of identity;

   Inserted: (XI) provides online assistance to individuals receiving tentative nonconfirmations of identity to correct errors in records and achieve appropriate confirmations to the greatest extent and as rapidly as possible;

   Inserted: (XII) is subject to a review and appeals process by administratively responsible personnel to correct errors in the capabilities of the platform;

   Inserted: (XIII) may include, if feasible, a capability for permitting document and biometric inputs that can be offered to individuals and entities using the System and may be used at the option of employees to facilitate identity verification (but which would not be required of either employers or employees); and

   Inserted: (XIV) is developed, to the greatest extent possible, in accordance with the timeframes specified in this Act.

   Inserted: (iii) Identity authentication and self-verification.--During the period beginning on the date of the enactment of the Border Security, Economic Opportunity, and Immigration Modernization Act and ending on the date on which the identity authentication program established under clause (i) is available for use by employers, an employer may use a verification system, service, or method in addition to those provided for in this section to confirm the identity of an individual without incurring liability under section 274B if--

   Inserted: (I) the employer imposes the same requirement in a uniform manner on all individuals undergoing employment eligibility verification; and

   Inserted: (II) the employer does not impose such a requirement for any purpose other than identity authentication with respect to newly hired employees.

   Original wording

   On page 1319, between lines 17 and 18, insert the following:

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As printed