I 

109TH CONGRESS 

1ST SESSION H. R. 1770 

To require employers at critical infrastructure sites to participate in the 

pilot program for employment eligibility verification, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

APRIL 21, 2005 

Mr. GALLEGLY introduced the following bill; which was referred to the 

Committee on the Judiciary 

A BILL 

To require employers at critical infrastructure sites to participate in the pilot program for employment eligibility 

verification, 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. REQUIRING CERTAIN EMPLOYERS TO PARTICI4 PATE IN PILOT PROGRAM. 

5 (a) IN GENERAL.—Section 402(e)(1) of the Illegal 

6 Immigration Reform and Immigrant Responsibility Act of 

7 1996 (8 U.S.C. 1324a note) is amended by adding at the 

8 end the following: 

9 ‘‘(C) EMPLOYERS AT CRITICAL INFRA10 STRUCTURE SITES.— 
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1 ‘‘(i) IN GENERAL.—Any employer de2 scribed in clause (ii) shall elect to partici3 pate in the basic pilot program described 

4 in section 403(a) and shall comply with the 

5 terms and conditions of such election. 

6 ‘‘(ii) EMPLOYERS DESCRIBED.—An 

7 employer is described in this clause if the 

8 employer employs individuals working in a 

9 location that— 

10 ‘‘(I) is a Federal, State, or local 

11 government building, a military base, 

12 a nuclear energy site, a weapon site, 

13 or an airport; or 

14 ‘‘(II) contains critical infrastruc15 ture (as defined in section 1016(e) of 

16 the Critical Infrastructure Protection 

17 Act of 2001 (42 U.S.C. 5195c(e))), as 

18 determined by the Secretary of Home19 land Security in regulations. 

20 ‘‘(iii) REGULATIONS.—The Secretary 

21 of Homeland Security shall promulgate 

22 regulations to assist employers in deter23 mining whether they are described in 

24 clause (ii)(I). 
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1 ‘‘(iv) SPECIAL RULE FOR CONTINUING

2 ACCESS TO CRITICAL INFRASTRUCTURE.— 

3 ‘‘(I) IN GENERAL.—It is unlawful 

4 for an employer described in clause 

5 (ii), after hiring an alien for employ6 ment in accordance with clause (i)— 

7 ‘‘(aa) to authorize, or to 

8 continue to authorize, the alien’s 

9 access to critical infrastructure 

10 after having received a notifica11 tion of nonconfirmation from the 

12 Commissioner of Social Security 

13 under subsection (e); or 

14 ‘‘(bb) to fail to notify any 

15 other person who, or entity that, 

16 has issued, or may issue, to the 

17 alien documentation authorizing 

18 such access that the employer 

19 has received such notification. 

20 ‘‘(II) ENFORCEMENT.—In the 

21 case of an employer who violates sub22 clause (I), such violation shall be 

23 treated as a violation of section 

24 274A(a)(2) of the Immigration and 

25 Nationality Act (8 U.S.C. 
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1 1324a(a)(2)) for purposes of applying 

2 the compliance investigation and en3 forcement procedures described in sec4 tion 274A(e) of such Act (8 U.S.C. 

5 1324a(e)). 

6 ‘‘(III) RESUMPTION OF AUTHOR7 ITY TO PROVIDE ACCESS.—Subclause 

8 (I)(aa) shall cease to apply to an alien 

9 when the employer has received satis10 factory verification (as determined by 

11 the Secretary of Homeland Security in 

12 regulations) that the alien is not an 

13 unauthorized alien (as defined in sec14 tion 274A(h)(3) of the Immigration 

15 and Nationality Act (8 U.S.C. 

16 1324a(h)(3))) with respect to the em17 ployment. Upon the receipt of such 

18 satisfactory verification, the employer 

19 shall notify any person or entity pre20 viously notified under subclause 

21 (I)(bb) of such receipt.’’. 

22 (b) EFFECTIVE DATE.—The amendment made by 

23 subsection (a) shall take effect one year after the date of 

24 the enactment of this Act. 
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1 SEC. 2. AUTHORIZING ADDITIONAL USES OF EMPLOYMENT 

2 ELIGIBILITY CONFIRMATION SYSTEM. 

3 Section 404(h) of the Illegal Immigration Reform and 

4 Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a 

5 note) is amended— 

6 (1) in paragraph (1), by striking ‘‘for any other 

7 purpose’’ and all that follows through the period at 

8 the end and inserting the following: 

9 ‘‘for any purpose other than— 

10 ‘‘(A) as provided for under this subtitle, 

11 including paragraph (2); 

12 ‘‘(B) for enforcement of the Immigration 

13 and Nationality Act (8 U.S.C. 1101 et seq.) 

14 and sections 1001, 1028, 1546, and 1621 of 

15 title 18, United States Code; 

16 ‘‘(C) for enforcement of the Social Security 

17 Act (42 U.S.C. 301 et seq.).’’. 

18 (2) by redesignating paragraph (2) as para19 graph (3); and 

20 (3) by inserting after paragraph (1) the fol21 lowing: 

22 ‘‘(2) PROTECTION OF CRITICAL INFRASTRUC23 TURE.— 

24 ‘‘(A) IN GENERAL.—Notwithstanding any 

25 other provision of this section, the Secretary of 

26 Homeland Security may authorize or require 
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1 any person or entity responsible for granting 

2 access to, protecting, securing, operating, ad3 ministering, or regulating critical infrastructure 

4 (as defined in section 1016(e) of the Critical In5 frastructure Protection Act of 2001 (42 U.S.C. 

6 5195c(e))) to use the confirmation system to 

7 verify the citizenship or immigration status of 

8 an individual requesting documentation author9 izing access to such infrastructure, to the ex10 tent that the Secretary determines that such 

11 use will assist in the protection of such infra12 structure. 

13 ‘‘(B) ENFORCEMENT.—In the case of a 

14 person or entity subject to a requirement im15 posed by the Secretary under subparagraph 

16 (A), if the person or entity fails to comply with 

17 such requirement, such failure shall be treated 

18 as a violation of section 274A(a)(1)(B) of the 

19 Immigration and Nationality Act (8 U.S.C. 

20 1324a(a)(1)(B)) for purposes of applying the 

21 compliance investigation and enforcement pro22 cedures described in section 274A(e) of such 

23 Act (8 U.S.C. 1324a(e)).’’. 

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