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LEGISLATIVE REPORT
By Larry Bourgerie
Legislative Director
May 1, 2008
Legislative Report Archive
IMPORTANT - Federal Legislative Alert!
On May 6, SHRM CEO Sue Meisinger will appear before the House Ways and Means' Subcommittee
on Social Security to testify in support of H.R. 5515, "New Employee Verification Act"
(NEVA).
This important bipartisan piece of legislation, sponsored by Rep. Sam Johnson (R-TX) and
cosponsored by Rep. Gabrielle Giffords (D-AZ) and Rep. Dennis Moore (D-KS) provides a
comprehensive approach to electronic employment verification. The SHRM-led HR Initiative
for a Legal Workforce strongly supports NEVA, as it would replace the current ineffective
federal government's employee verification process with a new electronic verification
system.
Many of you have previously written your Representative on this issue; but, now is the time
for us to make a big push. Please contact your Member of Congress today and urge him or her
to sign-up as a cosponsor H.R. 5515!
Background:
HR professionals are responsible for verifying employment eligibility for all new hires
within their organization. Existing work-site verification systems call for complex
documentation and record maintenance, requiring employers to determine the authenticity of
more than 25 different types of documents. Considerable resources are devoted to paperwork
completion, auditing records and verifying employment eligibility.
Employers may also elect to participate in an employment eligibility verification system,
known as E-Verify. Participants in the program electronically verify employment
authorization of new hires through Social Security Administration (SSA) and Department of
Homeland Security (DHS) databases. Currently, only 52,000 out of 7 million U.S. employers
participate in E-Verify, which is scheduled to expire in November 2008.
SHRM recognizes the critical need to improve the federal employment verification system,
and endorses the creation of a secure, efficient and reliable electronic system that will
help prevent unauthorized employment. However, the current verification system is an
inherently subjective and ultimately insecure process, as fraudulent documents are easily
acquired, allowing an unauthorized worker to obtain employment.
Finally, E-Verify relies on paper documentation. The program's accuracy is therefore
undermined by fraudulent IDs, as it cannot verify the authenticity of the identity
documents, only that a given name matches information in the SSA and DHS databases.
Legislation:
Under H.R. 5515, the New Employee Verification Act, employers would use the state "new
hire" reporting process, which is currently used for child support enforcement, to access
the Electronic Employment Verification System. This would allow employers to confirm the
work eligibility of U.S. citizens through the SSA database and that of non-citizens through
the DHS database.
In addition, the bill also would create a voluntary biometrics option that employers could
choose to use in the verification process. This system would include a standard background
check and the collection of a "biometric" characteristic - such as a thumbprint - to secure
an employee's identity and prevent the illegal use of a Social Security number, stolen or
fraudulently-obtained drivers' license, or altered identification documents. Other key
aspects include:
- Electronic Attestation - Allows the entire attestation requirements to be done
electronically and eliminates the current Form I-9.
- New Hires - Applies only to employers' newly hired employees and would not require
employers to re-verify all existing employees as is required by other bills.
- Post Offer and Acceptance, Pre-Start - Allows employers to check the employee's work
eligibility through the electronic system beginning on the date of hire and ending on
the third day after the employee has reported to work.
- Federal Law Preemption - Provides that federal immigration law preempts any state law
with regard to employer fines for immigration-related issues or in requiring employers
to verify identity or work authorization of employees.
- Employer Responsibility - Requires employers to be responsible only for the hiring
decisions of their own employees, not those of their subcontractors.
SHRM's Position:
To ensure effective enforcement of immigration laws, SHRM believes the federal government
must provide U.S. employers with a fast and reliable method to confirm whether new hires
are legally authorized to work in the United States.
The current I-9 verification system and E-Verify are unreliable and susceptible to identity
fraud. As a result, SHRM supports passage of H.R. 5515. SHRM believes NEVA will create an
electronic verification process for an employer that is far more efficient and accurate
than E-Verify. The legislation also will prevent identity fraud, a major problem in the
employment verification process.
Joining SHRM in supporting NEVA are the: American Council on International Personnel,
College and University Professional Association for Human Resources, the Food Marketing
Institute, HR Policy Association, International Public Management Association for Human
Resources, the National Association of Home Builders, the National Franchisee Association,
and the National Association of Manufacturers.
Action Needed:
Write or call your elected officials in Washington today! Your
U.S. Representatives needs to know your views on this important
matter before the private rights of employees are changed. To
write your elected official using HRVoice, follow these steps:
- Log onto SHRM Online by clicking here.
- Sign in using your member number and last name.
- Choose "Write your elected officials."
- Click on "Urge Your Representative to Cosponsor H.R. 5515, the New Employee
Verification Act" under the heading "Take Immediate Action on these Hot Issues."
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