[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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