I

103D CONGRESS

1ST SESSION H. R. 1079

To prevent immigration document fraud, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1993

Mr. GALLEGLY (for himself, Mr. SENSENBRENNER, Mr. HYDE, Mr. HUNTER,

Mr. OXLEY, Mr. STUMP, Mr. BAKER of Louisiana, Mr. DOOLITTLE, Mr.

ROHRABACHER, Mr. MOORHEAD, Mr. DREIER, Mr. MCKEON, Mr.

STEARNS, Mr. ARCHER, Mr. CUNNINGHAM, Mr. LEWIS of California, Mr.

MCCANDLESS, Mr. DORNAN, Mr. WELDON, Mr. ROYCE, Mr. BARTON of

Texas, Mr. PACKARD, Mr. INHOFE, Mr. GORDON, Mr. SMITH of Texas,

Mr. HEFLEY, Mr. HANCOCK, Mr. HERGER, Mr. CALVERT, Mr. HORN,

Mr. KYL, Mr. POMBO, and Mr. COX) introduced the following bill; which

was referred jointly to the Committees on the Judiciary, Banking, Finance and Urban Affairs, and Ways and Means

A BILL

To prevent immigration document fraud, and for other

purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Immigration Docu5 ment Fraud Prevention Act of 1993’’.
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1 SEC. 2. ISSUANCE OF NEW IDENTIFICATION CARDS FOR

2 ALIENS.

3 (a) IN GENERAL.—The Attorney General shall cause

4 to be issued new registration and identification cards to

5 all aliens who are qualified to hold employment in the

6 United States for the purpose of providing proof of em7 ployment eligibility under section 274A of the Immigration

8 and Nationality Act (8 U.S.C. 1324a).

9 (b) REQUIREMENTS.—(1) Each new registration and

10 identification card issued under subsection (a) shall—

11 (A) be in a form which is resistant to counter12 feiting and tampering;

13 (B) be designed in such a manner so that an

14 employer can reliably determine that—

15 (i) the person with the bearer’s claimed

16 identity is eligible to be employed in the United

17 States, and

18 (ii) the bearer is not claiming the identity

19 of another individual;

20 (C) contain a photograph and other identifying

21 information (such as date of birth, sex, and distin22 guishing marks) that would allow an employer to de23 termine with reasonable certainty that the bearer is

24 not claiming the identity of another individual;

25 (D) in the case of a card issued to—
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1 (i) a work-eligible nonimmigrant admitted

2 under section 214 of the Immigration and Na3 tionality Act (8 U.S.C. 1184),

4 (ii) an alien admitted for temporary resi5 dence under section 210 of such Act (8 U.S.C.

6 1160),

7 (iii) an alien granted temporary protected

8 status under section 244A of such Act (8

9 U.S.C. 1254a), and

10 (iv) an alien authorized to work by the Im11 migration and Naturalization Service pending a

12 final determination of deportability,

13 shall specify the expiration date of the work author14 ization on the face of the card; and

15 (E) shall specify the alien’s admission number

16 or alien file number.

17 (2) The new card shall be valid for a period of 10

18 years and must be reissued to remain valid after the 10th

19 anniversary of the date of its issue.

20 (3) The new card shall note on its face whether work

21 authorization is restricted.

22 (4) An employer, for purposes of satisfying the re23 quirements of section 274A(b) of the Immigration and

24 Nationality—
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1 (A) may require an alien seeking employment to

2 produce the new card as proof of employment eligi3 bility, and

4 (B) may inquire whether an applicant’s limited

5 work authorization has expired or has been reau6 thorized at the end of a work authorization period.

7 Such a requirement or inquiry shall not constitute an un8 fair immigration-related employment practice under sec9 tion 274B of such Act.

10 SEC. 3. IMPLEMENTATION.

11 (a) IN GENERAL.—Each alien who is authorized to

12 be employed in the United States shall, on or before Octo13 ber 1, 1994, turn in any alien registration and identifica14 tion card which is in the alien’s possession at any post

15 office or office of the Immigration and Naturalization

16 Service. No resident alien shall receive the new card

17 until—

18 (1) the alien—

19 (A) has surrendered the old green card,

20 (B) has provided proof of identity,

21 (C) has provided such other documents as

22 may be required under law, and

23 (D) has paid a fee (not to exceed $75) that

24 is reasonable and sufficient to cover the costs of

25 administration of this section; and
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1 (2) the Service has verified the lawful status of

2 the alien.

3 The Attorney General may waive payment of the fee under

4 paragraph (1)(D) (or reduce the amount of such fee) if

5 the alien provides satisfactory evidence that the alien can6 not afford the full fee.

7 (b) POSTING OF NOTICES.—Notices of the require8 ment of subsection (a) shall be posted in all post offices

9 and Immigration and Naturalization Service offices and

10 published in local newspapers during fiscal year 1994.

11 (c) INVALIDITY OF OLD CARDS.—Any alien registra12 tion or identification card for permanent resident aliens,

13 other than an alien registration and identification card is14 sued under this section, shall be invalid as of midnight

15 of October 1, 1997.

16 (d) USE OF NEW CARDS UNDER SAVE PROGRAM.—

17 (1) IN GENERAL.—Section 1137(d) of the So18 cial Security Act (42 U.S.C. 1320b–7(d)) is amend19 ed—

20 (A) in paragraph (2), by striking ‘‘either’’

21 and all that follows through the end and insert22 ing the following: ‘‘a registration and identifica23 tion card issued under section 2(a) of the Immi24 gration Document Fraud Prevention Act of

25 1993.’’,
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1 (B) in paragraph (3), by striking ‘‘para2 graph (2)(A)’’ and inserting ‘‘paragraph (2)’’,

3 and

4 (C) in paragraph (4), by striking ‘‘para5 graph (2)(A)’’ and inserting ‘‘such paragraph’’.

6 (2) HOUSING ASSISTANCE.—Section 214(d) of

7 the Housing and Community Development Act of

8 1980 (42 U.S.C. 1436a(d)) is amended—

9 (A) in paragraph (2), by striking ‘‘either’’

10 and all that follows through the end and insert11 ing the following: ‘‘a registration and identifica12 tion card issued under section 2(a) of the Immi13 gration Document Fraud Prevention Act of

14 1993.’’,

15 (B) in paragraph (3), by striking ‘‘para16 graph (2)(A)’’ and inserting ‘‘paragraph (2)’’,

17 (C) in paragraph (4), by striking ‘‘para18 graph (2)(A)’’ the first place it appears and in19 serting ‘‘paragraph (2)’’, and

20 (D) in paragraph (4), by striking ‘‘para21 graph (2)(A)’’ the second place it appears and

22 inserting ‘‘such paragraph’’.

23 (3) EFFECTIVE DATE.—The amendments made

24 by this subsection shall take effect on October 1,

25 1997.
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1 SEC. 4. NO NATIONAL IDENTITY CARD.

2 The new card described in section 2—

3 (1) shall not be considered a national identity

4 card;

5 (2) shall not be issued to any citizen or national

6 of the United States; and

7 (3) shall—

8 (A) not be required to be carried on one’s

9 person, and

10 (B) not be required to be presented other

11 than—

12 (i) upon request by a prospective em13 ployer for any purposes other than under

14 this section or under sections 1001, 1023,

15 1566, and 1621 of title 18, United States

16 Code, or to satisfy the requirements of sec17 tion 274A of the Immigration and Nation18 ality Act, or

19 (ii) for purposes of carrying out sec20 tion 1137(d) of the Social Security Act or

21 section 214(d) of the Housing and Com22 munity Development Act of 1980.

23 SEC. 5. EMPLOYER EDUCATION PROGRAM.

24 The Attorney General, in consultation with the Sec25 retary of Labor, the Administrator of the Small Business

26 Administration, and the Commissioner of the Internal
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1 Revenue, shall conduct a nationwide program to inform

2 employers about their responsibilities under the Immigra3 tion and Nationality Act and the uses of the new alien

4 registration and identification cards issued under this Act.

5 SEC. 6. AUTHORIZATION OF APPROPRIATIONS.

6 There are authorized to be appropriated $5,000,000

7 for each of fiscal years 1994 and 1995 to carry out this

8 Act.

9 SEC. 7. STRONGER PENALTIES FOR IMMIGRATION FRAUD.

10 (a) FRAUD AND MISUSE OF VISAS, PERMITS, AND

11 OTHER DOCUMENTS.—Section 1546(a) of title 18, United

12 States Code, is amended by striking ‘‘five years’’ each

13 place it appears and inserting ‘‘10 years’’.

14 (b) FRAUD AND RELATED ACTIVITY IN CONNECTION

15 WITH IDENTIFICATION DOCUMENTS.—Section 1028(b)(1)

16 of title 18, United States Code, is amended by striking

17 ‘‘five years’’ and inserting ‘‘10 years’’.

18 SEC. 8. EMPLOYMENT ELIGIBILITY VERIFICATION DEM19 ONSTRATION PROJECT.

20 The Attorney General shall continue to conduct the

21 demonstration projects under section 274A of the Immi22 gration and Nationality Act in order to establish if it is

23 feasible to determine the employment eligibility of aliens

24 authorized to work in the United States through the use

25 of a telephone and computation capability that is available
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1 on the date of enactment of this Act. The Attorney Gen2 eral shall submit a report to Congress on such projects

3 by not later than October 1, 1994.

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