; and (B) retaining such information during a period not to exceed the required retention period set forth in paragraph (3). (5) Penalties An employer that fails to comply with any requirement under this subsection may be penalized under subsection (e)(4)(B). (6) Protection of civil rights (A) In general Nothing in this section may be construed to diminish any rights otherwise protected by Federal law. (B) Prohibition on discrimination An employer shall use the procedures for document verification set forth in this paragraph for all employees without regard to race, color, religion, sex, national origin, or, unless specifically permitted in this section, to citizenship status. (7) Receipts The Secretary may authorize the use of receipts for replacement documents, and temporary evidence of employment authorization by an individual to meet a documentation requirement under this subsection on a temporary basis not to exceed 1 year, after which time the individual shall provide documentation sufficient to satisfy the documentation requirements under this subsection. (8) No authorization of national identification cards Nothing in this section may be construed to directly or indirectly authorize the issuance, use, or establishment of a national identification card. (d) Employment Verification System (1) In general (A) Establishment The Secretary, in consultation with the Commissioner, shall establish the Employment Verification System. (B) Monitoring The Secretary shall create the necessary processes to monitor— (i) the functioning of the System, including the volume of the workflow, the speed of processing of queries, the speed and accuracy of responses; (ii) the misuse of the System, including the prevention of fraud or identity theft; (iii) whether the use of the System results in wrongful adverse actions or discrimination based upon a prohibited factor against citizens or nationals of the United States or individuals who have employment authorized status