[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1079 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 1079

     To prevent immigration document fraud, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 24, 1993

Mr. Gallegly (for himself, Mr. Sensenbrenner, Mr. Hyde, Mr. Hunter, Mr. 
     Oxley, Mr. Stump, Mr. Baker of Louisiana, Mr. Doolittle, Mr. 
  Rohrabacher, Mr. Moorhead, Mr. Dreier, Mr. McKeon, Mr. Stearns, Mr. 
 Archer, Mr. Cunningham, Mr. Lewis of California, Mr. McCandless, Mr. 
 Dornan, Mr. Weldon, Mr. Royce, Mr. Barton of Texas, Mr. Packard, Mr. 
 Inhofe, Mr. Gordon, Mr. Smith of Texas, Mr. Hefley, Mr. Hancock, Mr. 
    Herger, Mr. Calvert, Mr. Horn, Mr. Kyl, Mr. Pombo, and Mr. Cox) 
   introduced the following bill; which was referred jointly to the 
 Committees on the Judiciary, Banking, Finance and Urban Affairs, and 
                             Ways and Means

_______________________________________________________________________

                                 A BILL


 
     To prevent immigration document fraud, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration Document Fraud 
Prevention Act of 1993''.

SEC. 2. ISSUANCE OF NEW IDENTIFICATION CARDS FOR ALIENS.

    (a) In General.--The Attorney General shall cause to be issued new 
registration and identification cards to all aliens who are qualified 
to hold employment in the United States for the purpose of providing 
proof of employment eligibility under section 274A of the Immigration 
and Nationality Act (8 U.S.C. 1324a).
    (b) Requirements.--(1) Each new registration and identification 
card issued under subsection (a) shall--
            (A) be in a form which is resistant to counterfeiting and 
        tampering;
            (B) be designed in such a manner so that an employer can 
        reliably determine that--
                    (i) the person with the bearer's claimed identity 
                is eligible to be employed in the United States, and
                    (ii) the bearer is not claiming the identity of 
                another individual;
            (C) contain a photograph and other identifying information 
        (such as date of birth, sex, and distinguishing marks) that 
        would allow an employer to determine with reasonable certainty 
        that the bearer is not claiming the identity of another 
        individual;
            (D) in the case of a card issued to--
                    (i) a work-eligible nonimmigrant admitted under 
                section 214 of the Immigration and Nationality Act (8 
                U.S.C. 1184),
                    (ii) an alien admitted for temporary residence 
                under section 210 of such Act (8 U.S.C. 1160),
                    (iii) an alien granted temporary protected status 
                under section 244A of such Act (8 U.S.C. 1254a), and
                    (iv) an alien authorized to work by the Immigration 
                and Naturalization Service pending a final 
                determination of deportability,
        shall specify the expiration date of the work authorization on 
        the face of the card; and
            (E) shall specify the alien's admission number or alien 
        file number.
    (2) The new card shall be valid for a period of 10 years and must 
be reissued to remain valid after the 10th anniversary of the date of 
its issue.
    (3) The new card shall note on its face whether work authorization 
is restricted.
    (4) An employer, for purposes of satisfying the requirements of 
section 274A(b) of the Immigration and Nationality--
            (A) may require an alien seeking employment to produce the 
        new card as proof of employment eligibility, and
            (B) may inquire whether an applicant's limited work 
        authorization has expired or has been reauthorized at the end 
        of a work authorization period.
Such a requirement or inquiry shall not constitute an unfair 
immigration-related employment practice under section 274B of such Act.

SEC. 3. IMPLEMENTATION.

    (a) In General.--Each alien who is authorized to be employed in the 
United States shall, on or before October 1, 1994, turn in any alien 
registration and identification card which is in the alien's possession 
at any post office or office of the Immigration and Naturalization 
Service. No resident alien shall receive the new card until--
            (1) the alien--
                    (A) has surrendered the old green card,
                    (B) has provided proof of identity,
                    (C) has provided such other documents as may be 
                required under law, and
                    (D) has paid a fee (not to exceed $75) that is 
                reasonable and sufficient to cover the costs of 
                administration of this section; and
            (2) the Service has verified the lawful status of the 
        alien.
The Attorney General may waive payment of the fee under paragraph 
(1)(D) (or reduce the amount of such fee) if the alien provides 
satisfactory evidence that the alien cannot afford the full fee.
    (b) Posting of Notices.--Notices of the requirement of subsection 
(a) shall be posted in all post offices and Immigration and 
Naturalization Service offices and published in local newspapers during 
fiscal year 1994.
    (c) Invalidity of Old Cards.--Any alien registration or 
identification card for permanent resident aliens, other than an alien 
registration and identification card issued under this section, shall 
be invalid as of midnight of October 1, 1997.
    (d) Use of New Cards Under SAVE Program.--
            (1) In general.--Section 1137(d) of the Social Security Act 
        (42 U.S.C. 1320b-7(d)) is amended--
                    (A) in paragraph (2), by striking ``either'' and 
                all that follows through the end and inserting the 
                following: ``a registration and identification card 
                issued under section 2(a) of the Immigration Document 
                Fraud Prevention Act of 1993.'',
                    (B) in paragraph (3), by striking ``paragraph 
                (2)(A)'' and inserting ``paragraph (2)'', and
                    (C) in paragraph (4), by striking ``paragraph 
                (2)(A)'' and inserting ``such paragraph''.
            (2) Housing assistance.--Section 214(d) of the Housing and 
        Community Development Act of 1980 (42 U.S.C. 1436a(d)) is 
        amended--
                    (A) in paragraph (2), by striking ``either'' and 
                all that follows through the end and inserting the 
                following: ``a registration and identification card 
                issued under section 2(a) of the Immigration Document 
                Fraud Prevention Act of 1993.'',
                    (B) in paragraph (3), by striking ``paragraph 
                (2)(A)'' and inserting ``paragraph (2)'',
                    (C) in paragraph (4), by striking ``paragraph 
                (2)(A)'' the first place it appears and inserting 
                ``paragraph (2)'', and
                    (D) in paragraph (4), by striking ``paragraph 
                (2)(A)'' the second place it appears and inserting 
                ``such paragraph''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on October 1, 1997.

SEC. 4. NO NATIONAL IDENTITY CARD.

    The new card described in section 2--
            (1) shall not be considered a national identity card;
            (2) shall not be issued to any citizen or national of the 
        United States; and
            (3) shall--
                    (A) not be required to be carried on one's person, 
                and
                    (B) not be required to be presented other than--
                            (i) upon request by a prospective employer 
                        for any purposes other than under this section 
                        or under sections 1001, 1023, 1566, and 1621 of 
                        title 18, United States Code, or to satisfy the 
                        requirements of section 274A of the Immigration 
                        and Nationality Act, or
                            (ii) for purposes of carrying out section 
                        1137(d) of the Social Security Act or section 
                        214(d) of the Housing and Community Development 
                        Act of 1980.

SEC. 5. EMPLOYER EDUCATION PROGRAM.

    The Attorney General, in consultation with the Secretary of Labor, 
the Administrator of the Small Business Administration, and the 
Commissioner of the Internal Revenue, shall conduct a nationwide 
program to inform employers about their responsibilities under the 
Immigration and Nationality Act and the uses of the new alien 
registration and identification cards issued under this Act.

SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $5,000,000 for each of 
fiscal years 1994 and 1995 to carry out this Act.

SEC. 7. STRONGER PENALTIES FOR IMMIGRATION FRAUD.

    (a) Fraud and Misuse of Visas, Permits, and Other Documents.--
Section 1546(a) of title 18, United States Code, is amended by striking 
``five years'' each place it appears and inserting ``10 years''.
    (b) Fraud and Related Activity in Connection with Identification 
Documents.--Section 1028(b)(1) of title 18, United States Code, is 
amended by striking ``five years'' and inserting ``10 years''.

SEC. 8. EMPLOYMENT ELIGIBILITY VERIFICATION DEMONSTRATION PROJECT.

    The Attorney General shall continue to conduct the demonstration 
projects under section 274A of the Immigration and Nationality Act in 
order to establish if it is feasible to determine the employment 
eligibility of aliens authorized to work in the United States through 
the use of a telephone and computation capability that is available on 
the date of enactment of this Act. The Attorney General shall submit a 
report to Congress on such projects by not later than October 1, 1994.

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