[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1770 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 1770
To require employers at critical infrastructure sites to participate in
the pilot program for employment eligibility verification, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 21, 2005
Mr. Gallegly introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To require employers at critical infrastructure sites to participate in
the pilot program for employment eligibility verification, 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. REQUIRING CERTAIN EMPLOYERS TO PARTICIPATE IN PILOT PROGRAM.
(a) In General.--Section 402(e)(1) of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
is amended by adding at the end the following:
``(C) Employers at critical infrastructure sites.--
``(i) In general.--Any employer described
in clause (ii) shall elect to participate in
the basic pilot program described in section
403(a) and shall comply with the terms and
conditions of such election.
``(ii) Employers described.--An employer is
described in this clause if the employer
employs individuals working in a location
that--
``(I) is a Federal, State, or local
government building, a military base, a
nuclear energy site, a weapon site, or
an airport; or
``(II) contains critical
infrastructure (as defined in section
1016(e) of the Critical Infrastructure
Protection Act of 2001 (42 U.S.C.
5195c(e))), as determined by the
Secretary of Homeland Security in
regulations.
``(iii) Regulations.--The Secretary of
Homeland Security shall promulgate regulations
to assist employers in determining whether they
are described in clause (ii)(I).
``(iv) Special rule for continuing access
to critical infrastructure.--
``(I) In general.--It is unlawful
for an employer described in clause
(ii), after hiring an alien for
employment in accordance with clause
(i)--
``(aa) to authorize, or to
continue to authorize, the
alien's access to critical
infrastructure after having
received a notification of
nonconfirmation from the
Commissioner of Social Security
under subsection (e); or
``(bb) to fail to notify
any other person who, or entity
that, has issued, or may issue,
to the alien documentation
authorizing such access that
the employer has received such
notification.
``(II) Enforcement.--In the case of
an employer who violates subclause (I),
such violation shall be treated as a
violation of section 274A(a)(2) of the
Immigration and Nationality Act (8
U.S.C. 1324a(a)(2)) for purposes of
applying the compliance investigation
and enforcement procedures described in
section 274A(e) of such Act (8 U.S.C.
1324a(e)).
``(III) Resumption of authority to
provide access.--Subclause (I)(aa)
shall cease to apply to an alien when
the employer has received satisfactory
verification (as determined by the
Secretary of Homeland Security in
regulations) that the alien is not an
unauthorized alien (as defined in
section 274A(h)(3) of the Immigration
and Nationality Act (8 U.S.C.
1324a(h)(3))) with respect to the
employment. Upon the receipt of such
satisfactory verification, the employer
shall notify any person or entity
previously notified under subclause
(I)(bb) of such receipt.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect one year after the date of the enactment of this Act.
SEC. 2. AUTHORIZING ADDITIONAL USES OF EMPLOYMENT ELIGIBILITY
CONFIRMATION SYSTEM.
Section 404(h) of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1324a note) is amended--
(1) in paragraph (1), by striking ``for any other purpose''
and all that follows through the period at the end and
inserting the following:
``for any purpose other than--
``(A) as provided for under this subtitle,
including paragraph (2);
``(B) for enforcement of the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.) and sections
1001, 1028, 1546, and 1621 of title 18, United States
Code;
``(C) for enforcement of the Social Security Act
(42 U.S.C. 301 et seq.).''.
(2) by redesignating paragraph (2) as paragraph (3); and
(3) by inserting after paragraph (1) the following:
``(2) Protection of critical infrastructure.--
``(A) In general.--Notwithstanding any other
provision of this section, the Secretary of Homeland
Security may authorize or require any person or entity
responsible for granting access to, protecting,
securing, operating, administering, or regulating
critical infrastructure (as defined in section 1016(e)
of the Critical Infrastructure Protection Act of 2001
(42 U.S.C. 5195c(e))) to use the confirmation system to
verify the citizenship or immigration status of an
individual requesting documentation authorizing access
to such infrastructure, to the extent that the
Secretary determines that such use will assist in the
protection of such infrastructure.
``(B) Enforcement.--In the case of a person or
entity subject to a requirement imposed by the
Secretary under subparagraph (A), if the person or
entity fails to comply with such requirement, such
failure shall be treated as a violation of section
274A(a)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1324a(a)(1)(B)) for purposes of applying the
compliance investigation and enforcement procedures
described in section 274A(e) of such Act (8 U.S.C.
1324a(e)).''.
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