I 

111TH CONGRESS 

1ST SESSION H. R. 19 

To require employers to conduct employment eligibility verification. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 6, 2009 

Mr. CALVERT introduced the following bill; which was referred to the Committee on the Judiciary, and in addition to the Committee on Education 

and Labor, 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. REQUIREMENT FOR EMPLOYERS TO CONDUCT 

4 EMPLOYMENT ELIGIBILITY VERIFICATION. 

5 (a) RENAMING OF BASIC PILOT PROGRAM.—The 

6 basic pilot program established under section 403(a) of 

7 the Illegal Immigration Reform and Immigrant Responsi8 bility Act of 1996 (division C of Public Law 104–208; 8 

9 U.S.C. 1324a note) is hereby renamed as the ‘‘EmployVerDate Nov 24 2008 03:09 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H19.IH H19

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1 ment Eligibility Verification System’’ (and is referred to 

2 in this section as such). 

3 (b) EXTENSION OF SCOPE OF PROGRAM.—The Sec4 retary of Homeland Security shall provide for the imple5 mentation of the Employment Eligibility Verification Sys6 tem throughout the United States on a timely basis, con7 sistent with the implementation of subsection (c) and such 

8 System shall continue in operation permanently and shall 

9 not terminate. 

10 (c) REQUIREMENT FOR USE OF EMPLOYMENT ELIGI11 BILITY VERIFICATION.— 

12 (1) IN GENERAL.—Subject to paragraph (3), 

13 any person or other entity that hires any individual 

14 for employment in the United States shall partici15 pate in the Employment Eligibility Verification Sys16 tem. 

17 (2) SANCTIONS FOR NONCOMPLIANCE; CON18 TINUATION OF CURRENT COMPLIANCE AUTHOR19 ITY.—The provisions of paragraph (2) of section 

20 402(e) of the Illegal Immigration Reform and Immi21 grant Responsibility Act of 1996 (division C of Pub22 lic Law 104–208; 8 U.S.C. 1324a note) shall apply 

23 with respect to a person or entity required to partici24 pate in the Employment Eligibility Verification Sys25 tem in the same manner as such paragraph applies 


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1 to a person or entity required to participate under 

2 such subsection. 

3 (3) PHASING-IN OF REQUIREMENT.—Subject to 

4 paragraph (2), the requirement of paragraph (1) 

5 shall only apply to persons and other entities as fol6 lows: 

7 (A) As of the date that is 1 year after the 

8 date of the enactment of this Act, such require9 ment shall apply only to a person or other enti10 ty that employs more than 10,000 individuals 

11 in the United States. 

12 (B) As of the date that is 2 years after the 

13 date of the enactment of this Act, such require14 ment shall apply only to a person or other enti15 ty that employs more than 5,000 individuals in 

16 the United States. 

17 (C) As of the date that is 3 years after the 

18 date of the enactment of this Act, such require19 ment shall apply only to a person or other enti20 ty that employs more than 1,000 individuals in 

21 the United States. 

22 (D) As of the date that is 4 years after the 

23 date of the enactment of this Act, such require24 ment shall apply only to a person or other entiVerDate Nov 24 2008 03:09 Jan 08, 2009 Jkt 079200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H19.IH H19

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1 ty that employs more than 500 individuals in 

2 the United States. 

3 (E) As of the date that is 5 years after the 

4 date of the enactment of this Act, such require5 ment shall apply only to a person or other enti6 ty that employs more than 250 individuals in 

7 the United States. 

8 (F) As of the date that is 6 years after the 

9 date of the enactment of this Act, such require10 ment shall apply only to a person or other enti11 ty that employs more than 100 individuals in 

12 the United States. 

13 (G) As of the date that is 7 years after the 

14 date of the enactment of this Act, such require15 ment shall apply to any person or other entity 

16 that employs 1 or more individuals in the 

17 United States. 

18 (4) VOLUNTARY PARTICIPATION OF EMPLOYERS

19 NOT SUBJECT TO REQUIREMENT.—Nothing in this 

20 subsection shall be construed as preventing a person 

21 or other entity that is not subject to the requirement 

22 of paragraph (1) pursuant to paragraph (2) or (3) 

23 from voluntarily participating in the Employment 

24 Eligibility Verification System. 


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1 (d) AUTHORIZATION OF APPROPRIATIONS.—There 

2 are authorized to be appropriated such sums as may be 

3 required to carry out the Employment Eligibility 

4 Verification System throughout the United States 

Æ 


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