(4) in subsection (d), by striking paragraph (4); 
(5) in subsection (e), by striking ‘‘, unless the 
Attorney General determines that extreme hardship 
exists’’ in the first sentence; 
(6) in subsection (f)— 
(A) by inserting ‘‘and’’ at the end of para-
graph (2); 
(B) in paragraph (3), by striking ‘‘Attor-
ney General; and’’ and inserting ‘‘Secretary of 
Homeland Security, except to the foreign state 
(or part of such state) the designation of which 
was the basis of the alien being granted such 
status.’’; and 
(C) by striking paragraph (4); and 
(7) in subsection (h)— 
(A) in paragraph (1), by inserting ‘‘or the 
House of Representatives’’ after ‘‘Senate’’; 
(B) in paragraph (2), by striking ‘‘three- 
fifths’’ and inserting ‘‘two-thirds’’; and 
(C) by inserting ‘‘and the House of Rep-
resentatives’’ after ‘‘Senate’’ each place such 
term appears in paragraphs (2) and (3). 
(b) INELIGIBILITY OF CERTAIN ALIENS.— 
(1) IN
GENERAL.—In the case of a foreign 
state (or part of a foreign state) initially designated
under section 244 of the Immigration and Nation-
ality Act (8 U.S.C. 1254a), or having such a des-
ignation extended, before the date of the enactment 
of this Act, an alien who is a national of such state 
(or in the case of an alien having no nationality, is 
a person who last habitually resided in such state), 
and was unlawfully present in the United States on 
the date of such designation or extension, shall be 
subject to paragraph (2). 
(2) ALIENS INELIGIBLE.—An alien described in 
paragraph (1) shall not be considered eligible for 
temporary protected status under section 244 pursu-
ant to any initial or succeeding extension of a des-
ignation described in such paragraph that takes ef-
fect after the date of the enactment of this Act, un-
less a law to the contrary is enacted before such ef-
fective date, except that if the Congress is adjourned 
sine die on such effective date, the alien may be 
granted temporary protected status for a period of 
not more than 4 months. 
SEC. 324. COMPLETION OF BACKGROUND AND SECURITY 
CHECKS. 
Section 103 of the Immigration and Nationality Act 
(8 U.S.C. 1103) is amended by adding at the end the fol-
lowing new subsection:
‘‘(i) Notwithstanding any other provision of law, the 
Secretary of Homeland Security, the Attorney General, or 
any court shall not— 
‘‘(1) grant or order the grant of adjustment of 
status to that of an alien lawfully admitted for per-
manent residence; 
‘‘(2) grant or order the grant of any other sta-
tus, relief, protection from removal, or other benefit 
under the immigration laws; or 
‘‘(3) issue any documentation evidencing or re-
lated to such grant by the Attorney General, the 
Secretary, or any court, 
until such background and security checks as the Sec-
retary may in his discretion require have been completed 
to the satisfaction of the Secretary.’’. 
SEC. 325. DENIAL OF BENEFITS TO TERRORISTS AND 
CRIMINALS. 
Chapter 4 of title III of the Immigration and Nation-
ality Act (8 U.S.C. 1501 et seq.) is amended by adding 
at the end the following new section: 
‘‘CONSTRUCTION 
‘‘SEC. 362. (a) Nothing in this Act or any other pro-
vision of law shall be construed to require the Secretary 
of Homeland Security, the Attorney General, the Sec-
retary of State, the Secretary of Labor, or any other au-
thorized head of any agency to grant any application, ap-
prove any petition, or grant or continue any status or ben-
efit under the immigration laws by, to, or on behalf of— 
‘‘(1) any alien described in subparagraphs 
(A)(i), (A)(iii), (B), or (F) of sections 212(a)(3) or 
subparagraphs (A)(i), (A)(iii), or (B) of section 
237(a)(4); 
‘‘(2) any alien with respect to whom a criminal 
or other investigation or case is pending that is ma-
terial to the alien’s inadmissibility, deportability, or 
eligibility for the status or benefit sought; or 
‘‘(3) any alien for whom all law enforcement 
checks, as deemed appropriate by such authorized 
official, have not been conducted and resolved. 
‘‘(b) An official described in subsection (a) may— 
‘‘(1) with respect to an alien described in sub-
section (a)(1), deny or withhold any such applica-
tion, petition, status, or benefit on such basis; or 
‘‘(2) with respect to an alien described in para-
graph (2) or (3) of subsection (a), withhold pending 
resolution of the investigation, case, or law enforce-
ment checks any such application, petition, status, 
or benefit on such basis.’’. 
SEC. 326. REPEAL OF SECTION 245(I). 
Section 245(i) of the Immigration and Nationality 
Act (8 U.S.C. 1255(i)) is repealed.
SEC. 327. AUTHORIZED APPROPRIATIONS. 
In addition to amounts otherwise authorized to be ap-
propriated, there are authorized to be appropriated such 
sums as may be necessary for each of fiscal years 2007 
through 2011 to carry out this title. 
TITLE 
IV—WORKPLACE 
EN-
FORCEMENT 
AND 
IDENTI-
FICATION INTEGRITY 
Subtitle A—In General 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Employment Security 
Act of 2005’’. 
SEC. 402. CONGRESSIONAL FINDINGS. 
Congress makes the following findings: 
(1) The failure of Federal, State and local gov-
ernments to control and sanction the unauthorized 
employment and unlawful exploitation of illegal alien 
workers is the primary cause of illegal immigration. 
(2) The use of modern technology not available 
in 1986 will enable employers to rapidly and accu-
rately verify the identity and work authorization of 
their employees and independent contractors. 
(3) The Federal Government and the American 
people share a compelling interest in protection of 
United States employment authorization, income tax
withholding, and social security accounting systems, 
against unauthorized access by illegal aliens. 
(4) Limited data-sharing between the Depart-
ment of Homeland Security, the Internal Revenue 
Service, and the Social Security Administration is 
essential to the integrity of these vital programs, 
which protect the employment and retirement secu-
rity of all working Americans. 
(5) The Federal judiciary must be open to pri-
vate United States citizens, legal foreign workers, 
and law-abiding enterprises who seek judicial protec-
tion against injury to their wages and working con-
ditions due to unlawful competition from illegal alien 
workers and the United States enterprises that uti-
lize the labor or services provided by illegal aliens, 
especially where lack of resources constrains enforce-
ment of Federal immigration law Federal immigra-
tion officials. 
SEC. 403. EFFECTIVE DATES; IMPLEMENTATION. 
(a) EFFECTIVE DATE.—Except where otherwise pro-
vided in this Act, the provisions of this title shall take ef-
fect not later than 45 days after the date of the enactment 
of this Act. 
(b) INTERIM WORK ELIGIBILITY VERIFICATION PRO-
GRAM.—The provisions of section 411 of this Act, (requir-
ing use by employers of the Interim Work Eligibility 
Verification Program, as extended in scope by section 
411(b), shall be implemented not later than 12 months 
after the date of the enactment of this Act. 
(c) ALIEN WORK ELIGIBILITY DATABASE.—The pro-
visions of section 421 of this Act (establishing the Alien 
Work Eligibility Database and transferring the Interim 
Work Eligibility Program previously operated by the De-
partment of Homeland Security to the Social Security Ad-
ministration) shall be implemented not later than 24 
months after the date of the enactment of this Act. 
(d) WORK ELIGIBILITY VERIFICATION SYSTEM.— 
The provisions of section 412 of this Act (creating the 
Work Eligibility Verification System) shall be imple-
mented as follows: 
(1) IN GENERAL.—The Commissioner and the 
Secretary shall issue regulations to carry out the 
Work Eligibility Verification System not later than 
12 months after the date of the enactment of this 
Act. 
(2) PROVISION FOR ISSUANCE OF NEW SOCIAL 
SECURITY
CARDS.—Such regulations shall include 
provision for the issuance and use of the new social 
security cards in accordance with section 422 of this 
Act.
(A) APPLICATION PROCEDURES.—The ap-
plication procedures for new Social Security 
cards described in section 422 shall be imple-
mented not later than 12 months after the im-
plementation of the Alien Work Eligibility 
Database at the Social Security Administration. 
(B) VERIFICATION
REQUIREMENTS.—The 
verification requirements described in section 
274A(a)(1)(B) of the Immigration and Nation-
ality Act, as amended by section 412 this Act, 
shall be effective for employers hiring— 
(i) a noncitizen, beginning 12 months 
after the establishment of the Alien Work 
Eligibility Database; or 
(ii) a citizen or national of the United 
States, not later than 10 years after the 
date of the enactment of this Act. 
(3) 
INDEPENDENT
CONTRACTORS.—Inde-
pendent contractors shall, for purposes of implemen-
tation of the verification requirements of section 412 
of this Act, be treated as applicants for employment. 
(4) PILOT PROGRAM FOR FEDERAL WORKSITES 
AND THE DISTRICT OF COLUMBIA.— 
(A) 
IN
GENERAL.—The 
Secretary 
of 
Homeland Security and the Social Security
Commissioner, after consultation, shall imple-
ment the verification requirements of section 
412 for all applicants for employment at facili-
ties and worksites in the United States oper-
ated by the Federal government, and for all em-
ployers in the District of Columbia, beginning 
four years after the date of enactment of this 
Act. 
(B) REPORT.—The Secretary of Homeland 
Security and the Social Security Commissioner 
shall jointly submit a report to Congress evalu-
ating implementation of the Interim Work Eli-
gibility Verification Program and providing rec-
ommendations for full implementation of the 
Work Eligibility Verification System within 12 
months after implementation of the Interim 
Program. 
(5) EARLY IMPLEMENTATION OPTION.—An em-
ployer may elect to require that the verification re-
quirements of section 412 shall be effective for all 
applicants for employment with the employer begin-
ning five years after the date of the enactment of 
this Act.
Subtitle B—Reform of the Work 
Eligibility Verification System 
SEC. 411. BASIC PILOT PROGRAM RENAMED INTERIM 
WORK ELIGIBILITY VERIFICATION PROGRAM; 
VERIFICATION 
REQUIREMENT 
FOR 
INDE-
PENDENT CONTRACTORS. 
(a) RENAMING
OF BASIC PILOT PROGRAM.—The 
basic pilot program established under section 403(a) of 
the Illegal Immigration Reform and Immigrant Responsi-
bility Act of 1996 (division C of Public Law 104–208; 8 
U.S.C. 1324a note) is hereby renamed as the ‘‘Interim 
Work Eligibility Verification Program’’. 
(b) EXTENSION OF SCOPE OF PROGRAM.—The Sec-
retary of Homeland Security and the Commissioner of So-
cial Security shall provide for the implementation of the 
Interim Work Eligibility Verification Program throughout 
the United States on a timely basis, consistent with sec-
tion 403(b) and such Program shall continue in operation 
until the Commissioner certifies to the Secretary that the 
transfer of functions to the Work Eligibility Verification 
System (as created by section 412) is complete. 
(c) REQUIREMENT FOR USE OF EMPLOYMENT ELIGI-
BILITY VERIFICATION.— 
(1) IN GENERAL.—Any person or other entity 
that hires any individual for employment in the
United States, or engages an independent contractor 
to perform services of any kind in the United States, 
shall participate in the Interim Work Eligibility 
Verification Program. 
(2) SANCTIONS FOR NONCOMPLIANCE.—Section 
402(e) of the Illegal Immigration Reform and Immi-
grant Responsibility Act of 1996 (division C of Pub-
lic Law 104–208; 8 U.S.C. 1324a note) is amended 
by striking paragraphs (2) and (3) and inserting the 
following new paragraph: 
‘‘(2) If a person or other entity is required to 
participate in a work eligibility confirmation pro-
gram in this subsection and fails to comply with the 
requirements of such program with respect to an in-
dividual who is subject to such program, such failure 
shall 
be 
treated 
as 
a 
violation 
of 
section 
274A(a)(1)(B) of the Immigration and Nationality 
Act with respect to that individual.’’. 
SEC. 412. WORK ELIGIBILITY VERIFICATION SYSTEM. 
(a) IN GENERAL.—Section 274A of the Immigration 
and Nationality Act (8 U.S.C. 1324a(a)) is amended to 
read as follows: 
‘‘WORK ELIGIBILITY VERIFICATION SYSTEM 
‘‘SEC. 274A. (a)(1) IN GENERAL.— 
‘‘(A) REQUIREMENTS FOR EMPLOYEES.—No in-
dividual may commence employment with an em-
ployer in the United States unless such individual 
has— 
‘‘(i) where required by law, obtained a 
work authorization document that has been de-
termined by the Commissioner of Social Secu-
rity to comply with the requirements of section 
205(c)(2)(G) of the Social Security Act; and 
‘‘(ii) displayed such document to the em-
ployer pursuant to the employer’s request for 
purposes of the verification required under sub-
paragraph (B). 
‘‘(B) REQUIREMENTS FOR EMPLOYERS.— 
‘‘(i) IN GENERAL.—No employer may hire 
for employment an individual in the United 
States in any capacity unless such employer 
verifies under this subparagraph, where re-
quired by law, that such individual has in the 
individual’s possession a work authorization 
document described in subparagraph (A)(i) and 
that such individual is authorized to work in 
the United States in such capacity. 
‘‘(ii) VERIFICATION
PROCEDURES.—Con-
firmation of authorization to work shall be 
made by query to the Social Security Adminis-
tration in accordance with regulations to be
promulgated by the Commissioner of Social Se-
curity and the Secretary of Homeland Security. 
Such 
regulations 
shall 
ensure 
against 
frauduluent use of the documents and provide 
for accurate, prompt, and secure verification of 
the authorization of such individual to work in 
the United States in such capacity. The 
verification system so adopted shall be made 
available at minimal cost to the employer. The 
verification system shall at a minimum include 
use of— 
‘‘(I) a card-reader verification system 
approved by the Commissioner as capable 
of reading the electronic identification strip 
borne by the work authorization document; 
‘‘(II) telephonic and online computer 
verification systems which shall be estab-
lished by the Commissioner as valid alter-
native verification methods; and 
‘‘(III) a unique transaction code to be 
produced by the verification system and 
provided to an employer as evidence of em-
ployer compliance with the requirements of 
this paragraph, and as confirmation of the 
employee’s work authorization.
‘‘(iii) VERIFICATION OF CITIZENS.—In the 
case of United States citizen or national, 
verification means confirming the cardholder’s 
identity and social security number with the So-
cial Security Administration. 
‘‘(iv) VERIFICATION OF NON-CITIZENS.—In 
the case of a noncitizen, verification means con-
firming the cardholder’s identity and social se-
curity number with the Social Security Admin-
istration and confirming the cardholder’s term 
of authorization to work in the United States 
through the Alien Work Eligibility Database. 
‘‘(v) 
EXCEPTION.—The 
Secretary 
of 
Homeland Security may, after consultation with 
the Commissioner of Social Security and the 
Secretary of Labor, issue regulations providing 
for alternative work eligibility verification proce-
dures for United States citizens or nationals in 
individual cases where display of a work author-
ization document would be a hardship, because 
the individual is less than 18 or more than 67 
years of age, or does not possess a required 
document due to religious conviction, or is eligi-
ble for a rehabilitation or other sheltered em-
ployment development or assistance program.
Such procedures shall at a minimum require 
compliance by the employer with the attestation 
requirements of subsection (b) and confirmation 
of the individual’s citizenship status and social 
security number. 
‘‘(vi) ACCESS
TO
DATABASE.—The Com-
missioner shall ensure that, by means of such 
procedures, the employer will have such access 
to the Alien Work Eligibility Database estab-
lished and operated by the Commissioner of So-
cial Security pursuant to section 421, so as to 
enable the employer to verify the citizenship, 
lawful immigration status, and work eligibility 
information presented by an individual seeking 
work with the employer in any capacity. 
‘‘(vii) GOOD
FAITH
COMPLIANCE.—Not-
withstanding any other provision of law, an em-
ployer who establishes that the employer com-
plied in good faith with the requirements of this 
subparagraph shall not be liable for hiring an 
unauthorized worker or for discharging an au-
thorized worker, if— 
‘‘(I) such hiring or discharge occurred 
due to an error in the telephone, online, or 
card-reader verification system or the Alien
Work Eligibility Database which was un-
known to the employer at the time of such 
employment action; and 
‘‘(II) the employer, upon being in-
formed of the error, discharges the unau-
thorized worker, or rescinds the discharge 
of the authorized worker retroactive to the 
date such discharge occurred. 
‘‘(C) SECURITY
AND
EFFECTIVENESS.—The 
regulations issued by the Commissioner of Social Se-
curity, in consultation with the Secretary of Home-
land Security, shall ensure that— 
‘‘(i) the telephonic and online computer 
verification systems described in subparagraph 
(B)(ii)(II) are as secure and reliable as the 
card-reader verification system described in 
subclause (I) of such subparagraph; 
‘‘(ii) any personal information encrypted 
on the work authorization document is secured 
against disclosure to unauthorized third parties; 
and 
‘‘(iii) a procedure to promptly correct any 
error in personal data maintained in the 
verification system is available to any employee 
or applicant for employment for whom the
Work Authorization Verification System has 
been unable to initially confirm work authoriza-
tion. 
‘‘(2) CONTINUING EMPLOYMENT.—It is unlawful for 
a person or other entity, after hiring an alien for employ-
ment in accordance with paragraph (1), to continue to em-
ploy the alien in the United States knowing the alien is 
(or has become) an unauthorized alien with respect to 
such employment. 
‘‘(3) USE OF LABOR THROUGH CONTRACT.—A person 
or other entity who uses a contract, subcontract, or ex-
change, entered into, renegotiated, or extended after the 
date of enactment of this section, to obtain the labor of 
an alien in the United States without confirming that the 
contractor, subcontractor, or actual employer of the alien 
has verified the work authorization of the alien as required 
by this section shall be considered to have hired the alien 
for employment in the United States in violation of para-
graph (1)(A). 
‘‘(4) APPLICATION TO GOVERNMENT ENTITIES.—For 
purposes of this section, the term ‘entity’ shall refer to 
any entity of the Federal or any State government, or any 
political subdivision thereof, and as well as any other enti-
ty exempted from taxation of income by a Federal or State 
government.
100 
‘‘(b) ELIGIBILITY VERIFICATION FORMS.— 
‘‘(1) EMPLOYER
ATTESTATION
OF
COMPLI-
ANCE.—The verification procedures prescribed under 
subsection (a)(1)(B) shall include an attestation, 
made under penalty of perjury and in a format des-
ignated or established by the Commissioner of Social 
Security by regulation, that the employer has com-
plied with such procedures. 
‘‘(2) INDIVIDUAL
ATTESTATION
OF
EMPLOY-
MENT AUTHORIZATION.—The individual must attest, 
under penalty of perjury in the format designated 
for purposes of paragraph (1), that the individual is 
a citizen or national of the United States, an alien 
lawfully admitted for permanent residence, or an 
alien who is authorized by this Act or by the Sec-
retary of Homeland Security to be referred, re-
cruited, or hired for such employment. Such attesta-
tion must include the individual’s social security 
number, and may be manifested by either a hand- 
written or electronic signature. 
‘‘(3) RETENTION
OF
VERIFICATION
FORM.— 
After completion of such form in accordance with 
paragraphs (1) and (2), the employer must retain a 
paper, microfilm, or electronic version of the form 
and make it available for inspection, as provided in