text: .--
              (1) In general.--Section 233(e) of such Act (42 U.S.C. 
          433(e)) is amended by striking paragraph (2) and inserting the 
          following new paragraphs:
      ``(2)(A) Except as provided in paragraph (4) or (5), the agreement 
  transmitted to the Congress pursuant to paragraph (1) may enter into 
  force according to its terms or upon the expiration of the period of 60 
  calendar days following the date of its transmittal to each House of 
  the Congress (excluding Saturdays, Sundays, holidays, and days on which 
  either House of Congress is not in session), whichever is later.
      ``(B) Whenever a document setting forth an agreement entered into 
  under this section and the President's report in support of the 
  agreement is transmitted to the Congress pursuant to paragraph (1), 
  copies of such document shall be delivered to both Houses of Congress 
  on the same day and shall be delivered to the Clerk of the House of 
  Representatives if the House is not in session and to the Secretary of 
  the Senate if the Senate is not in session.
      ``(3)(A) Any document setting forth an agreement entered into under 
  this section and transmitted to each House of the Congress pursuant to 
  paragraph (1) shall set forth a determination of the Chief Actuary of 
  the Social Security Administration as to whether there is expected, 
  over the 75-year period following the date of the entry into force of 
  the agreement, a net reduction in any positive actuarial balance for 
  such period of the social security system established by this title (or 
  a net increase in any negative actuarial balance for such period for 
  such system) attributable to the operation of such agreement equal to 
  at least 0.005 percent of the present value of taxable payroll for such 
  period.
      ``(B) For purposes of this paragraph--
              ``(i) The term `actuarial balance' means, with respect to a 
          period, the difference between the adjusted summarized income 
          rate over such period and the adjusted summarized cost rate 
          over such period.
              ``(ii) The term `taxable payroll' means, for a period, the 
          total wages (as defined in section 209) to be paid, and self-
          employment income (as defined in section 211(b)) to be derived, 
          during such period.
              ``(iii) The term `adjusted summarized income rate' means, 
          over a period, the ratio (expressed as a percentage) of the sum 
          of the trust fund balance at the beginning of the period plus 
          the present value of the total income from taxes during such 
          period, to the present value of the taxable payroll for such 
          period.
              ``(iv) The term `adjusted summarized cost rate' means, over 
          a period, the ratio (expressed as a percentage) of the sum of 
          the present value of the cost during such period plus the 
          present value of the targeted trust fund balance, to the 
          present value of the taxable payroll for the years for such 
          period.
              ``(v) The term `trust fund balance' means the combined 
          balance of the Federal Old-Age and Survivors Insurance Trust 
          Fund and the Federal Disability Insurance Trust Fund 
          (hereinafter in this subparagraph referred to as the `Trust 
          Funds').
              ``(vi) The term `income from taxes' means, during a period, 
          the amounts deposited in the Trust Funds as appropriations 
          during the period based on taxes under chapters 2 and 21 and 
          section 86 of the Internal Revenue Code of 1986.
              ``(vii) The term `cost' means, during a period, 
          disbursements from the Trust Funds during such period, 
          including scheduled benefit payments, special monthly payments 
          to certain uninsured persons who have 3 or more quarters of 
          coverage (and whose payments are therefore not reimbursable 
          from the general fund of the Treasury), administrative 
          expenses, net transfers from the Trust Funds to the Railroad 
          Retirement program under financial-interchange provisions, and 
          payments for vocational rehabilitation services for disabled 
          beneficiaries, and excluding special monthly payments to 
          certain uninsured persons whose payments are reimbursable from 
          the general fund of the Treasury, and transfers under the 
          interfund borrowing provisions of section 201(l).
              ``(viii) The term `target trust fund balance' means the 
          trust fund balance, as of the end of the 75-year period 
          described in subparagraph (A), necessary to support an OASDI 
          trust fund ratio (as defined in section 201(l)(3)(B)(iii)) of 
          100 percent for the year following the last year of such 
          period.
      ``(C) In making determinations under this paragraph, the Chief 
  Actuary shall employ the intermediate assumptions of the Board of 
  Trustees of the Federal Old-Age and Survivors Insurance Trust Fund and 
  the Federal Disability Insurance Trust Fund in its most recent annual 
  report issued pursuant to section 201.
      ``(4) An agreement entered into under this section shall not enter 
  into force if there is enacted into law, during the period of 60 
  calendar days specified in paragraph (2)(A), a bill or joint resolution 
  disapproving such agreement.
      ``(5) In any case in which the determination of the Chief Actuary 
  described in subparagraph (A) of paragraph (3) in connection with an 
  agreement entered into under this section is that, with respect to the 
  75-year period described in such subparagraph, there is expected a net 
  reduction, in the actuarial balance for such period of the social 
  security system established by this title, which--
              ``(A) is attributable to the operation of such agreement, 
          and
              ``(B) is equal to at least 0.005 percent of the present 
          value of taxable payroll for such period,
  such agreement shall not enter into force unless, during the period of 
  60 calendar days specified in paragraph (2)(A), there is enacted into 
  law a bill or joint resolution approving such agreement.
      ``(6)(A) The provisions of this paragraph are enacted by the 
  Congress--
              ``(i) as an exercise of the rulemaking power of the House 
          of Representatives and the Senate, respectively, and as such 
          they are deemed a part of the rules of each House, 
          respectively, but applicable only with respect to the procedure 
          to be followed in that House in the case of disapproval 
          resolutions and approval resolutions, and they supersede other 
          rules only to the extent that they are inconsistent therewith; 
          and
              ``(ii) with full recognition of the constitutional right of 
          either House to change the rules (so far as relating to the 
          procedure of that House) at any time, in the same manner and to 
          the same extent as in the case of any other rule of that House.
      ``(B) During the period of 60 calendar days specified in paragraph 
  (2)(A), it shall be in order as a matter of highest privilege in each 
  House of the Congress to consider a bill or joint resolution described 
  in paragraph (4) or (5) providing solely for the disapproval or 
  approval of an agreement entered into under this section, if offered by 
  the majority leader or minority leader of such House (or a designee).
      ``(C) For purposes of consideration of a bill or joint resolution 
  described in paragraph (4) or (5) providing solely for approval or 
  disapproval of an agreement under this section, the agreement shall not 
  be subject to amendment after the transmittal to each House of the 
  Congress pursuant to paragraph (1).''.
              (2) Effective date.--The amendment made by this subsection 
          shall apply with respect to agreements, establishing 
          totalization arrangements pursuant to section 233 of the Social 
          Security Act, which are transmitted to the Congress on or after 
          the date of the enactment of this Act.
              (3) Special rule.--Notwithstanding subsection (e) of 
          section 233 of the Social Security Act (as in effect prior to 
          the amendments made by this section), any agreement entered 
          into pursuant to such section 233, establishing totalization 
          arrangements between the social security system established by 
          title II of such Act and the social security system of another 
          country, which--
                      (A) was signed by the Commissioner of Social 
                  Security in June 2004, and
                      (B) was transmitted to the Congress pursuant to 
                  such subsection (e) on or after September 1, 2007, and 
                  before the date of the enactment of this Act,
          shall be deemed not to have entered into force as of the date 
          of the enactment of this Act and shall be deemed to enter into 
          force after such date only as provided in section 233(e) of 
          such Act (as amended by this section) as if such agreement had 
          been transmitted to the Congress on the date on which the 
          President transmits to the Congress on or after such date, 
          pursuant to section 233(e)(1) of such Act (as amended by this 
          section), a report in support of such agreement meeting the 
          requirements of such section 233(e)(1) (as so amended).
      (c) Biennial Reports to the Congress Regarding Ongoing Operation of 
  Totalization Agreements.--
              (1) In general.--Section 233 of such Act (42 U.S.C. 433) is 
          amended by adding at the end the following new subsection:
  
                        ``Biennial Oversight Reports
  
      ``(f) The Commissioner of Social Security shall submit biennially 
  to the Committee on Ways and Means of the House of Representatives and 
  the Committee on Finance of the Senate a report evaluating the 
  operation, during the preceding 2-year period covered by the report, of 
  each agreement entered into pursuant to this section. Such report shall 
  include--
              ``(1) if the report is submitted during the 10-year period 
          following the date on which the agreement enters into force, 
          the change in benefit costs under the social security system 
          established by this title which is attributable to the 
          agreement, as estimated as of the date of the report, and the 
          change in contributions under such system which is attributable 
          to such agreement, as so estimated,
              ``(2) information relating to actual, or perceived 
          potential, fraudulent receipt of benefits attributable to the 
          operation of the agreement under the social security system 
          established by this title,
              ``(3) information relating to perceived problems with the 
          integrity of the other country's data and records used in 
          determining eligibility for benefits or benefit amounts, and
              ``(4) if the report is submitted during the 10-year period 
          following the date on which the agreement enters into force, 
          information relating to demographic or other trends that may 
          cause future deviations from the original estimates of costs to 
          each social security system which are attributable to the 
          agreement.''.
              (2) Initial report.--The Commissioner of Social Security 
          shall submit the initial report pursuant to section 233(f) of 
          the Social Security Act (added by this subsection) not later 
          than December 31, 2008.
  
  SEC. 203. SUSPENSION OF BENEFITS FOR INDIVIDUALS REMOVED FROM THE 
                UNITED STATES.
  
      (a) In General.--Section 202(n)(1) of the Social Security Act (42 
  U.S.C. 402(n)(1)) is amended--
              (1) in subparagraph (A), by striking ``, on the basis of 
          his wages and self-employment income,'';
              (2) in subparagraph (B), by striking ``and'' at the end;
              (3) in subparagraph (C), by striking the period and 
          inserting ``, and''; and
              (4) by adding at the end the following new subparagraph:
              ``(D) no lump sum death payment shall be made to such 
          individual after the Commissioner of Social Security is 
          notified by the Attorney General or the Secretary of Homeland 
          Security that such individual has been so removed.''.
      (b) Effective Date.--The amendments made by this section shall 
  apply to any individual with respect to whose removal from the United 
  States the Commissioner of Social Security receives notification from 
  the Attorney General or the Secretary of Homeland Security after the 
  twelfth month that begins after the date of the enactment of this Act.
target: New Employee Verification Act of 2008 - Amends the Immigration and Nationality Act (INA) to require employers to verify employee identification and employment eligibility under the Electronic Employment Verification System (EEVS) or the Secure Employment Eligibility Verification System (SEEVS) (as established by this Act).
  
  Permits employers subject to employee verification requirements to do so under EEVS or SEEVS.
  
  Sets forth provisions respecting: (1) voluntary and expedited participation; (2) employer penalties for failure to participate in EEVS or SEEVS; (3) employer and employee information and document requirements; (4) employer liability protection; (5) attestation; and (6) consequences of EEVS determinations.
  
  States that nothing in this Act shall be construed to require a national identification card.
  
  Repeals the employment eligibility pilot programs under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.
  
  Amends title II (Old Age, Survivor's and Disability Insurance) of the Social Security Act (SSA) to direct the Commissioner of Social Security to establish EEVS utilizing information in the National Directory of New Hires.
  
  States that EEVS shall have the capacity to determine whether: (1) employer-submitted information is consistent with information maintained by the Commissioner with respect to U.S. citizens and nationals and by the Secretary of Homeland Security with respect to aliens; and (2) the individual is a citizen or national or is not an unauthorized alien.
  
  Sets forth provisions respecting: (1) submission for confirmation of an individual's identification and employment eligibility and related EEVs determinations; (2) administrative and judicial review of employment disapproval; (3) EEVS implementation; and (4) data use by EEVS.
  
  Directs the Commissioner to establish SEEVS to provide, through government certified private entities, for verification of identity and employment eligibility respecting new employees
  
  Permits an employer to opt out of SEEVS after one year's participation.
  
  Sets forth provisions respecting: (1) certification of entities; (2) database management, including limitations on accessibility and the use and storage of biometric data; (3) employer responsibilities; (4) employee protections; and (5) information security and confidentiality, including penalties for violations.
  
  Directs the Commissioner to establish the Employment Verification Advisory Council, which shall terminate five years after enactment of this Act.
  
  Amends INA to: (1) apply certain antidiscrimination provisions to EEVS and SEEVS; (2) increase civil money penalties for unfair employment practice violations; (3) increase civil money penalties for certain hiring, recruiting, and referral violations (reduces certain penalties for small employers, exempts certain good faith, first-time violations, and provides a safe harbor for certain contractors); and (4) increase criminal penalties for pattern or practice violations.
  
  Amends SSA to: (1) provide for disclosure to the Secretary of Homeland Security of certain National Directory of New Hires information about employees with the greatest number or percentage of mismatched social security information; (2) deny credit toward earnings benefits from unauthorized work; (3) revise totalization agreement provisions; and (4) prohibit survivor's lump sum death payments to individuals who have been removed from the United States under INA.
feat_title: To amend the Social Security Act to prevent unauthorized earnings from being credited toward benefits under title II of such Act and to make improvements in provisions governing totalization agreements, to amend the Social Security Act and the Immigration and Nationality Act to prevent unauthorized employment, and to improve coordination of the provisions of such Acts, and for other purposes.