[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2710 Placed on Calendar Senate (PCS)]






                                                       Calendar No. 595
110th CONGRESS
  2d Session
                                S. 2710

 To authorize the Department of Homeland Security to use an employer's 
   failure to timely resolve discrepancies with the Social Security 
 Administration after receiving a ``no match'' notice as evidence that 
 the employer violated section 274A of the Immigration and Nationality 
                                  Act.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             March 5, 2008

 Mr. Sessions introduced the following bill; which was read the first 
                                  time

                             March 6, 2008

            Read the second time and placed on the calendar

_______________________________________________________________________

                                 A BILL


 
 To authorize the Department of Homeland Security to use an employer's 
   failure to timely resolve discrepancies with the Social Security 
 Administration after receiving a ``no match'' notice as evidence that 
 the employer violated section 274A of the Immigration and Nationality 
                                  Act.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. CONSTRUCTIVE KNOWLEDGE THAT EMPLOYEE IS AN UNAUTHORIZED 
              ALIEN.

    Section 274A(a) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)) is amended--
            (1) in paragraph (1)(A), by inserting ``, or having 
        constructive knowledge that,'' after ``knowing'';
            (2) in paragraph (2), by inserting ``, or having 
        constructive knowledge that,'' after ``knowing''; and
            (3) by adding at the end the following:
            ``(8) Constructive knowledge defined.--In this subsection, 
        `constructive knowledge' is deemed to have been obtained by an 
        employer that--
                    ``(A) receives a social security no-match letter 
                notifying the employer that the Social Security 
                Administration has been unable to match the employee's 
                name with the Social Security number provided by the 
                employer; and
                    ``(B) fails to take the corrective action suggested 
                by the Social Security Administration or the Department 
                of Homeland Security within 90 days of receiving the 
                letter described in subparagraph (A).''.

SEC. 2. TERMINATION OF EMPLOYEES BASED ON CONSTRUCTIVE KNOWLEDGE THAT 
              EMPLOYEES ARE UNAUTHORIZED ALIENS IS NOT AN UNFAIR 
              IMMIGRATION-RELATED EMPLOYMENT PRACTICE.

    Section 274B(a)(2) of the Immigration and Nationality Act (8 U.S.C. 
1324b(a)(2)) is amended--
            (1) in subparagraph (A), by striking the comma at the end 
        and inserting a semicolon;
            (2) in subparagraph (B), by striking ``, or'' and inserting 
        a semicolon;
            (3) in subparagraph (C), by striking the period at the end 
        and inserting ``; or''; and
            (4) by adding at the end the following:
                    ``(D) the firing of an employee by an employer that 
                has constructive knowledge that the employee is not 
                authorized to work in the United States based on the 
                receipt of notice from the Social Security 
                Administration that the name and number provided by the 
                employee do not match, and can not be corrected to 
                match, the records of the Social Security 
                Administration.''.

SEC. 3. RULEMAKING.

    The Secretary of Homeland Security shall promulgate regulations 
to--
            (1) carry out the amendment made by section 1; and
            (2) interpret the exception contained in the amendment made 
        by section 2.

SEC. 4. DISCLOSURE OF NO MATCH LETTERS.

    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.--From taxpayer identity information which has been 
        disclosed to the Social Security Administration, the 
        Commissioner of Social Security shall disclose directly to 
        officers and employees of the Department of Homeland Security--
                    ``(A) the taxpayer identity information of each 
                person who has filed in information return required by 
                reason section 6051, which contains more than 10 names 
                and taxpayer identifying numbers of employees (within 
                the meaning of such section)--
                            ``(i) that did not match the records 
                        maintained by the Commissioner of Social 
                        Security, or
                            ``(ii) with the same taxpayer 
                        identification number, and
                    ``(B) the number of employees described in clauses 
                (i) and (ii) of subparagraph (A).''.
                                                       Calendar No. 595

110th CONGRESS

  2d Session

                                S. 2710

_______________________________________________________________________

                                 A BILL

 To authorize the Department of Homeland Security to use an employer's 
   failure to timely resolve discrepancies with the Social Security 
 Administration after receiving a ``no match'' notice as evidence that 
 the employer violated section 274A of the Immigration and Nationality 
                                  Act.

_______________________________________________________________________

                             March 6, 2008

            Read the second time and placed on the calendar