[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 19 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                 H. R. 19

  To require employers to conduct employment eligibility verification.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 4, 2005

Mr. Calvert (for himself, Mr. Hunter, Mr. Gallegly, Mr. Sensenbrenner, 
Mrs. Blackburn, Mr. Issa, Mrs. Bono, Mr. Gary G. Miller of California, 
Mr. Cunningham, Mr. Rohrabacher, Mr. Dreier, and Mr. Royce) introduced 
    the following bill; which was referred to the Committee on the 
   Judiciary, and in addition to the Committee on Education and the 
 Workforce, for a period to be subsequently determined by the Speaker, 
 in each case for consideration of such provisions as fall within the 
                jurisdiction of the committee concerned

_______________________________________________________________________

                                 A BILL


 
  To require employers to conduct employment eligibility verification.

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

SECTION 1. REQUIREMENT FOR EMPLOYERS TO CONDUCT EMPLOYMENT ELIGIBILITY 
              VERIFICATION.

    (a) Renaming of Basic Pilot Program.--The basic pilot program 
established under section 403(a) of the Illegal Immigration Reform and 
Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 
8 U.S.C. 1324a note) is hereby renamed as the ``Employment Eligibility 
Verification System'' (and is referred to in this section as such).
    (b) Extension of Scope of Program.--The Secretary of Homeland 
Security shall provide for the implementation of the Employment 
Eligibility Verification System throughout the United States on a 
timely basis, consistent with the implementation of subsection (c) and 
such System shall continue in operation permanently and shall not 
terminate.
    (c) Requirement for Use of Employment Eligibility Verification.--
            (1) In general.--Subject to paragraph (3), any person or 
        other entity that hires any individual for employment in the 
        United States shall participate in the Employment Eligibility 
        Verification System.
            (2) Sanctions for noncompliance; continuation of current 
        compliance authority.--The provisions of paragraph (2) of 
        section 402(e) of the Illegal Immigration Reform and Immigrant 
        Responsibility Act of 1996 (division C of Public Law 104-208; 8 
        U.S.C. 1324a note) shall apply with respect to a person or 
        entity required to participate in the Employment Eligibility 
        Verification System in the same manner as such paragraph 
        applies to a person or entity required to participate under 
        such subsection.
            (3) Phasing-in of requirement.--Subject to paragraph (2), 
        the requirement of paragraph (1) shall only apply to persons 
        and other entities as follows:
                    (A) As of the date that is 1 year after the date of 
                the enactment of this Act, such requirement shall apply 
                only to a person or other entity that employs more than 
                10,000 individuals in the United States.
                    (B) As of the date that is 2 years after the date 
                of the enactment of this Act, such requirement shall 
                apply only to a person or other entity that employs 
                more than 5,000 individuals in the United States.
                    (C) As of the date that is 3 years after the date 
                of the enactment of this Act, such requirement shall 
                apply only to a person or other entity that employs 
                more than 1,000 individuals in the United States.
                    (D) As of the date that is 4 years after the date 
                of the enactment of this Act, such requirement shall 
                apply only to a person or other entity that employs 
                more than 500 individuals in the United States.
                    (E) As of the date that is 5 years after the date 
                of the enactment of this Act, such requirement shall 
                apply only to a person or other entity that employs 
                more than 250 individuals in the United States.
                    (F) As of the date that is 6 years after the date 
                of the enactment of this Act, such requirement shall 
                apply only to a person or other entity that employs 
                more than 100 individuals in the United States.
                    (G) As of the date that is 7 years after the date 
                of the enactment of this Act, such requirement shall 
                apply to any person or other entity that employs 1 or 
                more individuals in the United States.
            (4) Voluntary participation of employers not subject to 
        requirement.--Nothing in this subsection shall be construed as 
        preventing a person or other entity that is not subject to the 
        requirement of paragraph (1) pursuant to paragraph (2) or (3) 
        from voluntarily participating in the Employment Eligibility 
        Verification System.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be required to carry out the Employment 
Eligibility Verification System throughout the United States
                                 <all>