Number: 110-34
Date: August 1, 2008

House Passes H.R. 6633, the “Employee Verification Amendment Act of 2008”

On July 31, 2008, the House passed H.R. 6633, the “Employee Verification Amendment Act of 2008” by a vote of 407-2. The bill would extend the basic pilot employment eligibility confirmation program, now known as E-Verify.

Provisions that would affect the Social Security Administration are described below.

Extension of Program

•  Would extend the basic pilot employment eligibility confirmation program for an additional five years, until November 30, 2013.

Protection of Social Security Administration Programs

•  Would provide that agreements entered into by the Commissioner of Social Security and the Secretary of Homeland Security on or after October 1, 2008, shall provide funds to the Commissioner for the full costs of the Commissioner's responsibilities for the basic pilot program. Such responsibilities include, but are not limited to:

•  Acquiring, installing and maintaining technological equipment and systems necessary for the fulfillment of such responsibilities (but only that portion that is attributable exclusively to those responsibilities); and

•  The costs of responding to individuals who contest a tentative nonconfirmation provided by the basic pilot.

•  Would provide that these funds would be paid quarterly in advance of the applicable quarter based on a methodology agreed to by the Commissioner and Secretary.

•  Would require an annual accounting and reconciliation of costs incurred and funds provided under the agreement, with a review by the Inspectors General of the Social Security Administration and the Department of Homeland Security.

•  Would provide that, in any case where an agreement has not been reached by October 1 of a fiscal year, the latest agreement would remain in force until a new agreement is in effect. However, the Office of Management and Budget would modify the interim agreement to adjust the funds provided to the Commissioner for inflation and the volume of queries.

•  Would require, during such interim agreement, the Commissioner and the Secretary to provide notice of the failure to come to an agreement to appropriate House and Senate Authorizing and Appropriating Committees. Until a new agreement is in effect, the Commissioner and the Secretary would notify these Committees every 90 days of the status of negotiations.

GAO Study of Basic Pilot Confirmation System

•  Would require GAO to study and report on erroneous tentative confirmations to determine their causes, the processes by which they are remedied, and their effects on individuals, employers, and Federal agencies. This report would be submitted, not later than 2 years after the date of enactment, to the Committee of Ways and Means and the Committee of the Judiciary of the House and the Committee of Finance and the Committee of the Judiciary of the Senate.