ADVISORY

FROM THE COMMITTEE ON WAYS AND MEANS

SUBCOMMITTEE ON SOCIAL SECURITY

McNulty Announces a Hearing on Employment Eligibility Verification Systems

Congressman Michael R. McNulty (D-NY), Chairman, Subcommittee on Social Security of the Committee on Ways and Means, today announced that the Subcommittee will hold a hearing on current and proposed employment eligibility verification systems and the role of the Social Security Administration in authenticating employment eligibility.  The hearing will take place on Thursday, June 7, in room B-318 Rayburn House Office Building, beginning at 10 a.m.

In view of the limited time available to hear witnesses, oral testimony at this hearing will be from invited witnesses only.  However, any individual or organization not scheduled for an oral appearance may submit a written statement for consideration by the Subcommittee and for inclusion in the printed record of the hearing.

BACKGROUND

Since 1986, United States immigration law has prohibited employers from knowingly hiring or continuing to employ aliens who are not authorized to work under the Immigration and Nationality Act (INA).  All employers are required to request that employees, once hired, produce documents that show they are authorized to work in the United States.  Verification of the validity of the documents is not mandatory.  The Social Security card is one of a number of items that an employee may use in combination with other identity documents to demonstrate work authorization.

While the Department of Homeland Security (DHS) is responsible for enforcing the INA prohibitions on unauthorized employment, the Social Security Administration (SSA) plays a key role in the verification process.  Since 1996, employers have had the option of verifying names and Social Security numbers (SSNs) of new hires against SSA’s database through an employment eligibility verification system (EEVS, formerly known as the Basic Pilot) operated jointly by SSA and DHS.  Until 2003, the Basic Pilot was restricted to operate in only five states, but has since been expanded nationally.  Currently, about 16,700 employers at 73,000 hiring sites (less than 1 percent of all establishments) participate in the EEVS.  Most participating employers do so voluntarily, but some are required to use the EEVS by law or because of prior immigration violations. 

In 2006, the system received over 1.6 million requests for verification.  Of these, 1.4 million cases were resolved by SSA.  The bulk of the remaining cases were referred to DHS for further verification of work-eligibility.

The Government Accountability Office (GAO) and the SSA Inspector General have found that the current system is hampered by inaccuracies in the records maintained by DHS and SSA.  GAO and other auditors also have found that the current EEVS is vulnerable to identification document fraud, prohibited and privacy-violating uses by employers, as well as discriminatory abuse.

Recent immigration reform proposals have included provisions to expand some version of an employment eligibility verification system.  Some of the proposals would build on the current EEVS and require employers to verify all new hires, making the system mandatory for all 7.4 million private and 90,000 public sector employers in the United States.  These employers account for 60 million hires per year, according to SSA.  Other proposals include a requirement that the Social Security card be enhanced with tamper-proof, counterfeit-resistant or biometric features.

In announcing the hearing, Chairman McNulty stated “If employment eligibility verification is to be a key enforcement tool for immigration policy, we must ensure the system is effective, efficient and feasible.  We need a better understanding of the possible consequences and impact on the Social Security Administration if they are to undertake this expanded responsibility without compromising their core mission of administering Social Security.”

FOCUS OF THE HEARING

The hearing will examine the current EEVS system and proposed expansions, including the potential costs and increased workloads that would be faced by SSA.  The hearing also will examine the potential impact on workers and employers; how it would interact with REAL ID and other identification methods; and the privacy implications, especially in light of proposed data-sharing arrangements between agencies.

DETAILS FOR SUBMISSION OF WRITTEN COMMENTS:

Please Note:  Any person(s) and/or organization(s) wishing to submit for the hearing record must follow the appropriate link on the hearing page of the Committee website and complete the informational forms.  From the Committee homepage, http://waysandmeans.house.gov, select “110th Congress” from the menu entitled, “Committee Hearings” (http://waysandmeans.house.gov/Hearings.asp?congress=18).  Select the hearing for which you would like to submit, and click on the link entitled, “Click here to provide a submission for the record.”  Once you have followed the online instructions, completing all informational forms and clicking “submit” on the final page, an email will be sent to the address which you supply confirming your interest in providing a submission for the record.  You MUST REPLY to the email and ATTACH your submission as a Word or WordPerfect document, in compliance with the formatting requirements listed below, by close of business Thursday, June 21, 2007.  Finally, please note that due to the change in House mail policy, the U.S. Capitol Police will refuse sealed-package deliveries to all House Office Buildings.  For questions, or if you encounter technical problems, please call (202) 225-1721.

The Committee relies on electronic submissions for printing the official hearing record. As always, submissions will be included in the record according to the discretion of the Committee. The Committee will not alter the content of your submission, but we reserve the right to format it according to our guidelines. Any submission provided to the Committee by a witness, any supplementary materials submitted for the printed record, and any written comments in response to a request for written comments must conform to the guidelines listed below. Any submission or supplementary item not in compliance with these guidelines will not be printed, but will be maintained in the Committee files for review and use by the Committee.

1.   All submissions and supplementary materials must be provided in Word or WordPerfect format and MUST NOT exceed a total of 10 pages, including attachments.  Witnesses and submitters are advised that the Committee relies on electronic submissions for printing the official hearing record.

2.  Copies of whole documents submitted as exhibit material will not be accepted for printing.  Instead, exhibit material should be referenced and quoted or paraphrased.  All exhibit material not meeting these specifications will be maintained in the Committee files for review and use by the Committee.

3.  All submissions must include a list of all clients, persons, and/or organizations on whose behalf the witness appears.  A supplemental sheet must accompany each submission listing the name, company, address, telephone and fax numbers of each witness.

Note:  All Committee advisories and news releases are available on the World Wide Web at http://waysandmeans.house.gov.

The Committee seeks to make its facilities accessible to persons with disabilities. If you are in need of special accommodations, please call 202-225-1721 or 202-226-3411 TTD/TTY in advance of the event (four business days notice is requested). Questions with regard to special accommodation needs in general (including availability of Committee materials in alternative formats) may be directed to the Committee as noted above.

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