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[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[S. 1917 Introduced in Senate (IS)]

109th CONGRESS
  1st Session
                                S. 1917

  To require employers to verify the employment eligibility of their 
                   employees, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            October 25, 2005

   Mr. Hagel introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL

 
  To require employers to verify the employment eligibility of their 
                   employees, 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 ``Employment Verification Act of 
2005''.

SEC. 2. REQUIREMENTS FOR EMPLOYERS TO CONDUCT EMPLOYMENT ELIGIBILITY 
              VERIFICATION.

    (a) Requirement to Participate in the Employment Eligibility 
Verification Program.--Subtitle A of title IV of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note) is amended--
            (1) in section 401(c)(1)--
                    (A) by striking , ``basic pilot program'' and 
                inserting ``Employment Eligibility Verification 
                System''; and
                    (B) by striking ``the program'' and inserting ``the 
                system, on a continuous and permanent basis,'';
            (2) in section 402, by amending subsection (a) to read as 
        follows:
    ``(a) Participation in Employment Eligibility Verification 
Program.--
            ``(1) In general.--Beginning on the date that is 2 years 
        after the date of enactment of the Employment Verification Act 
        of 2005, any person or other entity that hires any individual 
        for employment in the United States shall participate in the 
        Employment Eligibility Verification System.
            ``(2) Phase-in period.--The requirement under paragraph (1) 
        shall only apply--
                    ``(A) to persons or entities that employ more than 
                5,000 individuals in the United States beginning on the 
                later of--
                            ``(i) 2 years after the date of enactment 
                        of the Employment Verification Act of 2005; or
                            ``(ii) 60 days after the Secretary of 
                        Commerce makes the certification required by 
                        section 201(b) of such Act;
                    ``(B) to persons or entities that employ more than 
                1,000 individuals in the United States beginning on the 
                later of--
                            ``(i) 3 years after the date of enactment 
                        of the Employment Verification Act of 2005; or
                            ``(ii) 60 days after the Secretary of 
                        Commerce makes the certification required by 
                        section 201(b) of such Act;
                    ``(C) to persons or entities that employ more than 
                250 individuals in the United States beginning on the 
                later of--
                            ``(i) 4 years after the date of enactment 
                        of the Employment Verification Act of 2005; or
                            ``(ii) 60 days after the Secretary of 
                        Commerce makes the certification required by 
                        section 201(b) of such Act; and
                    ``(D) to persons or entities that employ more than 
                1 individual in the United States beginning on the 
                later of--
                            ``(i) 5 years after the date of enactment 
                        of the Employment Verification Act of 2005; or
                            ``(ii) 60 days after the Secretary of 
                        Commerce makes the certification required by 
                        section 201(b) of such Act.
            ``(3) Voluntary participation authorized.--Nothing in this 
        subsection shall be construed to prevent a person or other 
        entity that is not subject to the requirement under paragraph 
        (1) from voluntarily participating in the Employment 
        Eligibility Verification System.
            ``(4) Effect of participation.--A person or entity 
        participating in the Employment Eligibility Verification System 
        under this section shall be deemed to be in compliance with 
        section 274A(b) of the Immigration and Nationality Act (8 
        U.S.C. 1324a(b)).
            ``(5) Protection from unauthorized disclosure by 
        employer.--Each employer participating in the Employment 
        Eligibility Verification System shall--
                    ``(A) notify employees and prospective employees of 
                the use of the System and that the System may be used 
                for immigration enforcement purposes; and
                    ``(B) restrict access to the System and protect 
                from unauthorized disclosure the information entered 
                into or obtained from the System.''; and
            (3) in section 403(a), by striking ``(a)'' and all that 
        follows through ``agrees to conform'' and inserting the 
        following:
    ``(a) Employment Eligibility Verification System.--A person or 
other entity that elects to participate in the Employment Eligibility 
Verification System shall agree to conform''.
    (b) Certification.--The Secretary of Commerce, in consultation with 
the Secretary of Homeland Security, the Secretary of Labor, the 
Commissioner of Social Security, and the Special Counsel for 
Immigration-Related Unfair Employment Practices of the Department of 
Justice, shall review the impact of the Employment Eligibility 
Verification System established under subtitle A of title IV of the 
Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 
U.S.C. 1324a note) on each class of employers listed in section 
402(a)(2) of such Act, as amended by subsection (a), and, when 
appropriate, shall certify, for each such class, that the System--
            (1) does not result in increased discrimination or cause 
        reasonable employers to conclude that employees of certain 
        races or ethnicities are more likely to have difficulties when 
        offered employment due to the operation of the system; and
            (2) does not interfere with or delay the hiring process for 
        employers or cause a waiting period longer than 5 days before a 
        new hire can be confirmed as eligible to work.
    (c) Protection From Discrimination.--Title IV of the Illegal 
Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
1324a note), as amended by subsection (a), shall be implemented in such 
a manner to prevent discrimination based on national origin or 
citizenship status under section 274B of the Immigration and 
Nationality Act (8 U.S.C. 1324b).
    (d) Confidentiality.--
            (1) Access to database.--No officer or employee of any 
        agency or department of the United States, other than 
        individuals responsible for the enforcement of immigration laws 
        or for the evaluation of the employment verification program at 
        the Social Security Administration, the Department of Homeland 
        Security, and the Department of Labor, may have access to any 
        information contained in the Employment Eligibility 
        Verification System.
            (2) Protection from unauthorized disclosure.--Information 
        in the Employment Eligibility Verification System shall be 
        adequately protected against unauthorized disclosure for other 
        purposes, as provided in regulations established by the 
        Commissioner of Social Security, in consultation with the 
        Secretary of Homeland Security and the Secretary of Labor.
    (e) Improvements to Database Integrity.--
            (1) In general.--The Commissioner of Social Security shall 
        identify the sources of false, incorrect, or expired Social 
        Security numbers and take steps to eliminate such numbers from 
        the Social Security system.
            (2) Report.--Not later than 6 months after the date of 
        enactment of this Act, the Commissioner of Social Security 
        shall submit a report to Congress that describes--
                    (A) the sources of false, incorrect, or expired 
                Social Security numbers;
                    (B) the steps taken by the Social Security 
                Administration to identify and eliminate the numbers 
                described in paragraph (1); and
                    (C) how the Social Security Administration plans to 
                complete the removal of the numbers described in 
                paragraph (1) from the Social Security system within 1 
                year after the date on which the report is submitted.
    (f) Electronic Filing.--Any employer participating in the 
Employment Eligibility Verification System may complete and allow for 
new hires to complete employment verification documents electronically.
    (g) Integration and Accuracy of Employment Eligibility Verification 
System.--
            (1) Integration.--Not later than the first effective date 
        of any mandatory participation in the Employment Eligibility 
        Verification System (referred to in this subsection as the 
        ``System''), the Secretary of Homeland Security shall fully 
        integrate all databases and data systems that are used in the 
        System and provide the Social Security Administration with 
        current and immediate access to information in the System.
            (2) Maintaining accuracy and integrity.--
                    (A) Policies and procedures.--
                            (i) Establishment.--The Secretary of 
                        Homeland Security shall establish rules, 
                        guidelines, policies, and operating and 
                        auditing procedures for collecting, removing, 
                        adding, and updating data maintained in the 
                        System to ensure the accuracy and integrity of 
                        the data.
                            (ii) Training.--The Secretary shall develop 
                        and implement training on the rules, 
                        guidelines, policies, and procedures 
                        established under clause (i) for all personnel 
                        authorized to access information maintained in 
                        the System.
                    (B) Data maintenance procedures.--The Commissioner 
                of Social Security shall establish rules, guidelines, 
                policies, and operating and auditing procedures for 
                collecting, removing, updating, and adding data to the 
                System to ensure the accuracy and integrity of the data 
                and to limit access to the data to authorized 
                personnel.
                    (C) Enumeration.--The Secretary of Homeland 
                Security, in consultation with the Secretary of State 
                and the Commissioner of Social Security, shall 
                establish such rules, guidelines, policies, and 
                operating and auditing procedures for collecting, 
                updating, and adding information to the System to 
                ensure the issuance of Social Security numbers to all 
                noncitizens authorized to work in the United States not 
                later than 10 days after lawful admission to the United 
                States or approval of a change of nonimmigrant status 
                by the Secretary of Homeland Security.
                    (D) Requirements.--The rules, guidelines, policies, 
                and procedures established under this subsection 
                shall--
                            (i) incorporate a simple and timely method 
                        for--
                                    (I) correcting errors regarding 
                                immigration status, work authorization, 
                                or any other relevant data in a timely 
                                and effective manner;
                                    (II) determining which Government 
                                official provided the data to ascertain 
                                the accuracy of such data; and
                                    (III) clarify information known to 
                                lead to errors regarding immigration 
                                status, work authorization, or 
                                misidentification;
                            (ii) include procedures for individuals 
                        to--
                                    (I) examine their personal record 
                                for errors;
                                    (II) seek expedited corrections of 
                                data contained in the System; and
                                    (III) appeal decisions concerning 
                                data contained in the System;
                            (iii) strictly limit the agency personnel 
                        authorized to input data into the System; and
                            (iv) identify classes of prejudicial 
                        information requiring authorization of 
                        supervisory personnel before entry into the 
                        System.
                    (E) Centralizing and streamlining correction 
                process.--
                            (i) In general.--The Secretary of Homeland 
                        Security shall establish a clearinghouse bureau 
                        to centralize and streamline the process 
                        through which members of the public can seek to 
                        correct erroneous or inaccurate information 
                        contained in the System that is related to 
                        immigration status or otherwise impedes the 
                        issuance of a Social Security number.
                            (ii) Time schedules.--The process described 
                        in clause (i) shall include specific time 
                        schedules for reviewing data correction 
                        requests, rendering decisions on such requests, 
                        and implementing appropriate correcting action 
                        in a timely manner.
    (h) Authorization of Appropriations.--There are authorized to be 
appropriated such sums as may be necessary to--
            (1) carry out the Employment Eligibility Verification 
        System throughout the United States; and
            (2) sufficiently increase the number of Federal employees 
        dedicated to completing secondary verifications for the 
        Employment Eligibility Verification System to comply with the 
        timeframes established under this section and the amendments 
        made by this section.

SEC. 3. REDUCTION IN DOCUMENTS THAT ESTABLISH IDENTITY AND EMPLOYMENT 
              AUTHORIZATION.

    (a) In General.--Section 274A(b)(1) of the Immigration and 
Nationality Act (8 U.S.C. 1324a(b)(1)) is amended--
            (1) in subparagraph (B)--
                    (A) in clause (i), by adding ``or'' at the end; and
                    (B) in clause (ii)(III), by inserting ``is machine 
                readable and'' before ``contains''; and
            (2) by amending subparagraph (C) to read as follows:
                    ``(C) Documents evidencing employment 
                authorization.--A document that may be presented to 
                establish employment authorization under this section 
                is--
                            ``(i) a Social Security card that complies 
                        with section 511(a); or
                            ``(ii) a machine readable, tamper resistant 
                        card issued by the United States that 
                        explicitly authorizes employment in the United 
                        States.''.
    (b) Effective Date.--The amendments made by this section shall take 
effect on the date that is 2 years after the date of enactment of this 
Act.

SEC. 4. PENALTIES FOR UNAUTHORIZED EMPLOYMENT AND FALSE CLAIMS OF 
              CITIZENSHIP.

    Section 274A of the Immigration and Nationality Act (8 U.S.C. 
1324a) is amended--
            (1) in subsection (b)(2)--
                    (A) by striking ``The individual'' and inserting 
                the following:
                    ``(A) In general.--The individual''; and
                    (B) by adding at the end the following:
                    ``(B) Penalties.--Any individual who falsely 
                represents that the individual is a citizen for 
                purposes of obtaining employment shall, for each such 
                violation, be subject to a fine of not more than $5,000 
                and a term of imprisonment not to exceed 3 years.'';
            (2) in subsection (e)--
                    (A) in paragraph (4)(A)--
                            (i) in clause (i), by striking ``$250 and 
                        not more than $2,000'' and inserting ``$500 and 
                        not more than $4,000'';
                            (ii) in clause (ii), by striking ``$2,000 
                        and not more than $5,000'' and inserting 
                        ``$4,000 and not more than $10,000''; and
                            (iii) in clause (iii), by striking ``$3,000 
                        and not more than $10,000'' and inserting 
                        ``$6,000 and not more than $20,000''; and
                    (B) in paragraph (5), by striking ``$100 and not 
                more than $1,000'' and inserting ``$200 and not more 
                than $2,000''; and
            (3) in subsection (f), by striking ``$3,000'' and inserting 
        ``$6,000''.

SEC. 5. NEW CRIMINAL PENALTIES FOR MISUSE OF SOCIAL SECURITY ACCOUNT 
              NUMBERS.

    (a) In General.--Section 208(a) of the Social Security Act (42 
U.S.C. 408(a)) is amended--
            (1) in paragraph (7), by adding after subparagraph (C) the 
        following:
                    ``(D) with intent to deceive, discloses, sells, or 
                transfers his own social security account number, 
                assigned to him by the Commissioner of Social Security 
                (in the exercise of the Commissioner's authority under 
                section 205(c)(2) to establish and maintain records), 
                to any person; or'';
            (2) in paragraph (8), by adding ``or'' at the end; and
            (3) by inserting after paragraph (8) the following:
            ``(9) without lawful authority, offers, for a fee, to 
        acquire for any individual, or to assist in acquiring for any 
        individual, an additional social security account number or a 
        number that purports to be a social security account number; or
            ``(10) being an officer or employee of any executive, 
        legislative, or judicial agency or instrumentality of the 
        Federal Government or of a State or political subdivision 
        thereof (or a person acting as an agent of such an agency or 
        instrumentality), willfully acts or fails to act so as to cause 
        a violation of section 205(c)(2)(C)(xi); or
            ``(11) being an officer or employee of any executive, 
        legislative, or judicial agency or instrumentality of the 
        Federal Government or of a State or political subdivision 
        thereof (or a person acting as an agent of such an agency or 
        instrumentality) in possession of any individual's social 
        security account number (or an officer or employee thereof or a 
        person acting as an agent thereof), willfully acts or fails to 
        act so as to cause a violation of clause (vi)(II), (x), (xi), 
        (xii), (xiii), or (xiv) of section 205(c)(2)(C); or
            ``(12) being a trustee appointed in a case under title 11, 
        United States Code (or an officer or employee thereof or a 
        person acting as an agent thereof), willfully acts or fails to 
        act so as to cause a violation of clause (x), (xi), or (xiv) of 
        section 205(c)(2)(C);''.
    (b) Effective Dates.--Paragraphs (7)(D), (9), (10), (11), and (12) 
of section 208(a) of the Social Security Act, as added by subsection 
(a)(2), shall apply with respect to each violation occurring after the 
date of enactment of this Act.
                                 <all>
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