I 

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. 

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 
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1 U.S.C. 1324a note) is hereby renamed as the ‘‘Employ2 ment Eligibility Verification System’’ (and is referred to 

3 in this section as such). 

4 (b) EXTENSION OF SCOPE OF PROGRAM.—The Sec5 retary of Homeland Security shall provide for the imple6 mentation of the Employment Eligibility Verification Sys7 tem throughout the United States on a timely basis, con8 sistent with the implementation of subsection (c) and such 

9 System shall continue in operation permanently and shall 

10 not terminate. 

11 (c) REQUIREMENT FOR USE OF EMPLOYMENT ELIGI12 BILITY VERIFICATION.— 

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

14 any person or other entity that hires any individual 

15 for employment in the United States shall partici16 pate in the Employment Eligibility Verification Sys17 tem. 

18 (2) SANCTIONS FOR NONCOMPLIANCE; CON19 TINUATION OF CURRENT COMPLIANCE AUTHOR20 ITY.—The provisions of paragraph (2) of section 

21 402(e) of the Illegal Immigration Reform and Immi22 grant Responsibility Act of 1996 (division C of Pub23 lic Law 104–208; 8 U.S.C. 1324a note) shall apply 

24 with respect to a person or entity required to partici25 pate in the Employment Eligibility Verification Sys-
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1 tem in the same manner as such paragraph applies 

2 to a person or entity required to participate under 

3 such subsection. 

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

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

6 shall only apply to persons and other entities as fol7 lows: 

8 (A) As of the date that is 1 year 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 10,000 individuals 

12 in the United States. 

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

14 date of the enactment of this Act, such require15 ment shall apply only to a person or other enti16 ty that employs more than 5,000 individuals in 

17 the United States. 

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

19 date of the enactment of this Act, such require20 ment shall apply only to a person or other enti21 ty that employs more than 1,000 individuals in 

22 the United States. 

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

24 date of the enactment of this Act, such require25 ment shall apply only to a person or other enti-
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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 

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