I
103D CONGRESS
2D SESSION
H. R. 4934
To restore immigration to traditional levels by curtailing illegal immigration
and imposing a ceiling on legal immigration.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 10, 1994
Mr. ARCHER introduced the following bill; which was referred jointly to the
Committees on the Judiciary and Ways and Means
A BILL
To restore immigration to traditional levels by curtailing
illegal immigration and imposing a ceiling on legal immi-
gration.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration Reduction
Act of 1994’’.
SEC. 2. TABLE OF CONTENTS.
The table of contents is as follows:
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Effective date.
TITLE I—IMMIGRANTS AND REFUGEES
Sec. 101. Immigration levels.
Sec. 102. Refugee reform.
Sec. 103. Asylum reform.
Sec. 104. Temporary protected status repealed.
Sec. 105. Parole authority.
TITLE II—BORDER CONTROL
Sec. 201. Border patrol personnel.
Sec. 202. Border crossing fees.
TITLE III—INTERIOR ENFORCEMENT
Sec. 301. Investigative personnel.
Sec. 302. Common-law searches restored.
Sec. 303. Detention facilities.
Sec. 304. Jurisdiction over immigration cases.
Sec. 305. Aliens in deportation.
Sec. 306. Immigration penalties and confiscations.
Sec. 307. Communications.
Sec. 308. Voluntary departure.
TITLE IV—DOCUMENT REFORM
Sec. 401. Secure work eligibility documents.
Sec. 402. Electronic verification.
Sec. 403. Uniform vital statistics.
Sec. 404. Employment authorization.
TITLE V—STATE AND LOCAL RESPONSIBILITIES
Sec. 501. Local cooperation.
Sec. 502. Notification of alien arrest.
Sec. 503. Immigration-related communications.
Sec. 504. Law enforcement assistance.
TITLE VI—PUBLIC BENEFITS ABUSE
Sec. 601. Prohibition of benefits to certain aliens.
Sec. 602. Exclusion of aliens likely to become public charges.
Sec. 603. Financial responsibility of immigrant sponsors.
Sec. 604. Means-tested benefits.
TITLE VII—STRENGTHENING CITIZENSHIP
Sec. 701. Constitutional citizenship.
Sec. 702. Constitutional voting privilege.
Sec. 703. Naturalization.
Sec. 704. Legal actions by State and local governments.
TITLE VIII—IMMIGRATION AND NATURALIZATION SERVICE
Sec. 801. Establishment of independent agency.
Sec. 802. Conforming amendments.
SEC. 3. EFFECTIVE DATE.
Except where otherwise specifically provided, the pro-
visions of this Act are effective October 1, 1994.
TITLE I—IMMIGRANTS AND
REFUGEES
SEC. 101. IMMIGRATION LEVELS.
(a) Section 201 of the Immigration and Nationality
Act (8 U.S.C. 1151) is amended by—
(1) inserting ‘‘backlogged’’ before ‘‘family-spon-
sored immigrants’’ and inserting ‘‘and’’ after ‘‘fiscal
year;’’ in subsection (a)(1);
(2) striking ‘‘employment-based’’ in subsection
(a)(2) and inserting ‘‘priority-worker’’;
(3) striking ‘‘year; and’’ in subsection (a)(2)
and inserting ‘‘year.’’;
(4) striking subsection (a)(3);
(5) amending subsection (c) to read as follows:
‘‘(c) WORLDWIDE LEVEL OF BACKLOGGED FAMILY-
SPONSORED IMMIGRANTS.—The worldwide level of back-
logged family-sponsored immigrants under this subsection
for a fiscal year is equal to—
‘‘(1) 320,000, minus
‘‘(2) the sum of—
‘‘(A) the number of immediate relatives de-
scribed in section 201(b)(2) and priority work-
ers described in section 203(b) who were issued
immigrant visas or who otherwise acquired the
status of aliens lawfully admitted to the United
States for permanent residence in the previous
fiscal year, and
‘‘(B) the number of refugees admitted
under section 207 in the preceding fiscal year.’’;
(6) amending subsection (d) to read as follows:
‘‘(d) The worldwide level of priority-worker immi-
grants under this subsection for a fiscal year is 25,000.’’;
and
(7) striking subsection (e).
(b) Section 203 of the Immigration and Nationality
Act (8 U.S.C. 1153) is amended by—
(1) inserting ‘‘BACKLOGGED’’ before ‘‘FAMILY-
SPONSORED’’ and ‘‘backlogged’’ before ‘‘family-spon-
sored’’ in subsection (a);
(2) striking ‘‘23,400’’ in subsection (a)(1) and
inserting ‘‘10 percent of such worldwide level’’;
(3) striking ‘‘114,200, plus the number (if any)
by which such worldwide level exceeds 226,000’’ in
subsection (a)(2) and inserting ‘‘51 percent of such
worldwide level’’;
(4) striking ‘‘23,400’’ in subsection (a)(3) and
inserting ‘‘10 percent of such worldwide level’’;
(5) striking ‘‘65,000’’ in subsection (a)(4) and
inserting ‘‘29 percent of such worldwide level’’;
(6) amending subsection (b) to read as follows:
‘‘(b) ALLOCATION
FOR PRIORITY-WORKER IMMI-
GRANTS.—Visas shall be made available in a number not
to exceed the worldwide level of priority-worker immi-
grants to qualified immigrants who are aliens described
in any of the following paragraphs (1) through (4):
‘‘(1) ALIENS WITH EXTRAORDINARY ABILITY.—
An alien is described in this paragraph if—
‘‘(A) the alien has extraordinary ability in
the sciences, arts, education, business, or ath-
letics which has been demonstrated by sus-
tained national or international acclaim and
whose achievements have been recognized in the
field through extensive documentation,
‘‘(B) the alien seeks to enter the United
States to continue work in the area of extraor-
dinary ability, and
‘‘(C) the alien’s entry into the United
States will substantially benefit prospectively
the United States.
‘‘(2) OUTSTANDING
PROFESSORS
AND
RE-
SEARCHERS.—An alien is described in this para-
graph if—
‘‘(A) the alien is recognized internationally
as outstanding in a specific academic area,
‘‘(B) the alien has at least 3 years of expe-
rience in teaching or research in the academic
area, and
‘‘(C) the alien seeks to enter the United
States—
‘‘(i) for a tenured position (or tenure-
track position) within a university or insti-
tution of higher education to teach in the
academic area,
‘‘(ii) for a comparable position with a
university or institution of higher edu-
cation to conduct research in the area, or
‘‘(iii) for a comparable position to
conduct research in the area with a depart-
ment, division, or institute of a private em-
ployer, if the department, division, or insti-
tute employs at least 3 persons full-time in
research activities and has achieved docu-
mented accomplishments in an academic
field.
‘‘(3) CERTAIN
MULTINATIONAL
EXECUTIVES
AND MANAGERS.—An alien is described in this para-
graph if the alien, in the 3 years preceding the time
of the alien’s application for classification and ad-
mission into the United States under this paragraph,
has been employed for at least 1 year by a firm or
corporation or other legal entity or an affiliate or
subsidiary thereof and the alien seeks to enter the
United States in order to continue to render services
to the same employer or to a subsidiary or affiliate
thereof in a capacity that is managerial or executive.
‘‘(4) EMPLOYER-SPONSORED
WORKERS
WITH
ADVANCED DEGREES OR EXCEPTIONAL ABILITY.—
An alien is described in this paragraph if—
‘‘(A) the alien holds an advanced degree or
possesses exceptional ability,
‘‘(B) the alien’s services in the sciences,
the arts, a profession, or a business are sought
by an employer in the United States, and
‘‘(C) such services will substantially benefit
prospectively the national economy.’’;
(7) amending subsection (c) to read as follows:
‘‘(c) DISTRIBUTION OF VISAS.—Visas shall be made
available to priority-worker immigrants in the order in
which a petition on behalf of each such immigrant is filed
with the Attorney General, and waiting lists of applicants
for visas shall be maintained in accordance with regula-
tions prescribed by the Secretary of State.’’;
(8) striking ‘‘(a), (b), or (c)’’ in subsections (d),
(f), and (g) and inserting ‘‘(a) or (b)’’; and
(9) amending subsection (e) to read as follows:
‘‘(e) VISA CUT-OFF FOR FAMILY SPONSORED IMMI-
GRANTS.—No visas shall be allotted to any alien subject
to the worldwide level for backlogged family immigrants
unless a petition on that alien’s behalf for classification
by reason of a relation described in any paragraph of sub-
section (a) was approved prior to October 1, 1994.’’.
(c) Section 204 of the Immigration and Nationality
Act (8 U.S.C. 1154) is amended—
(1) in subsection (a)(1)(A) by striking ‘‘the
classification by reason of a relationship described in
paragraph (1), (3), or (4) of section 203(a) or’’;
(2) by striking subparagraphs (B), (C), (D),
(E), (F), and (G) in subsection (a)(1) and inserting:
‘‘(B) any alien desiring to be classified
under section 203(b)(1), or any person on be-
half of such an alien, may file a petition with
the Attorney General for such classification,
and
‘‘(C) any employer desiring and intending
to employ within the United States an alien en-
titled to classification under section 203(b)(2),
‘‘(f) No person shall receive any preference or priority
or be discriminated against in the determination of refu-
gee status or in the admission of refugees because of the
person’s race, sex, religion, or nationality.’’; and
(3) Notwithstanding the limitation under sec-
tion 207(a) of the Immigration and Nationality Act,
such limitation shall not apply to refugee admissions
under Public Law 89–732.
SEC. 103. ASYLUM REFORM.
(a) Section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158) is amended by—
(1) striking ‘‘irrespective of such alien’s sta-
tus,’’ from subsection (a) and inserting ‘‘who is not
excludable or deportable’’;
(2) striking ‘‘is a refugee within the meaning of
section 101(a)(42)(A)’’ and inserting ‘‘departed the
country of his nationality or the country in which he
last habitually resided and is unable or unwilling to
return because it is more likely than not that his life
or freedom will be threatened in that country based
upon his race, religion, nationality, or political opin-
ion’’; and
(3) adding after subsection (d) the following:
‘‘(e) No person shall receive any preference or prior-
ity or be discriminated against in the granting or termi-
nation of asylum because of the person’s race, sex, reli-
gion, or nationality.’’.
(b) Section 243(h) of the Immigration and National-
ity Act (8 U.S.C. 1253(h)) is amended by adding at the
end the following new paragraph:
‘‘(3) Paragraph (1) shall not apply to any pro-
ceeding that did not commence with the alien’s vol-
untary presentment of himself for inspection, exclu-
sion, or deportation unless the threat to such alien’s
life or freedom arose subsequent to the commence-
ment of such proceeding.’’.
SEC. 104. REPEAL OF TEMPORARY PROTECTED STATUS.
(a) Section 244A of the Immigration and Nationality
Act (8 U.S.C. 1254a) is repealed.
(b) An alien in the United States under temporary
protected status on the date of enactment of this Act may
continue such status until the earlier of—
(1) the date on which such status is withdrawn
or terminated by the Attorney General, or
(2) the date which is 180 days after the date
of the enactment of this Act.
(c) Section 244 of the Immigration and Nationality
Act (8 U.S.C. 1254) is amended by adding at the end the
following new subsection:
‘‘(g) Except as specifically provided in this Act, the
Attorney General may not authorize any alien who is ex-
cludable or deportable to remain in the United States or
to engage in employment in the United States.’’.
SEC. 105. PAROLE AUTHORITY.
Section 212(d)(5) of the Immigration and Nationality
Act (8 U.S.C. 1182) is amended by adding at the end the
following:
‘‘(C) The Attorney General may not parole
groups or classes of aliens into the United
States. No alien shall be paroled into the Unit-
ed States except on the basis of the alien’s indi-
vidual circumstances.
‘‘(D) An alien who is paroled into the
United States may not be authorized to work in
the United States during the period of the
alien’s parole.
‘‘(E) The Attorney General shall maintain
a record of parolees. The number of aliens pa-
roled into the United States by the Attorney
General, excluding those released temporarily
from custody while active proceedings are pend-
ing against them under this Act, shall not at
any time exceed 5,000.’’.
TITLE II—BORDER CONTROL
SEC. 201. BORDER PATROL PERSONNEL.
(a) The number of full-time officer positions in the
border patrol of the Immigration and Naturalization Serv-
ice shall be increased to 5,900 in fiscal year 1995, 6,900
in fiscal year 1996, 7,900 in fiscal year 1997, 8,900 in
fiscal year 1998, and 9,900 in fiscal year 1999.
(b) There is authorized to be appropriated for each
of the fiscal years 1995, 1996, 1997, 1998, and 1999 such
amounts as may be necessary to provide for the increase
in positions provided by subsection (a) and for such sup-
port personnel as are necessary.
SEC. 202. BORDER CROSSING FEES.
Section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356) is amended by adding at the end the fol-
lowing new subsection:
‘‘(s) LAND BORDER AND PORT OF ENTRY USER FEE
ACCOUNT.—
‘‘(1) The Attorney General, after consultation
with the Secretary of State, shall impose at the time
of a person’s entry into the United States by land
or by sea a fee of $1 for the person’s use of border
or port facilities and services of the Immigration and
Naturalization Service.
‘‘(2) The Attorney General may—
‘‘(A) adjust the border crossing user fee
periodically to compensate for inflation and
other escalation in the cost of carrying out the
purposes of this Act; and
‘‘(B) develop and implement special dis-
counted fee programs for frequent border cross-
ers including, but not limited to, commuter cou-
pon books or passes.
‘‘(3) The fees collected under paragraph (1)
shall be deposited as offsetting receipts into a sepa-
rate account entitled the ‘Border Crossing Fee Ac-
count’ in the Treasury of the United States. In each
calendar quarter the Secretary of the Treasury shall
refund out of the Border Crossing Fee Account to
any appropriation the amount paid out of such ap-
propriation during the preceding calendar quarter
for expenses incurred by the Attorney General on
(1) measures, personnel, structures, and devices to
deter and prevent illegal entry of persons and con-
traband into the United States by land or by sea,
and to return excludable aliens and (2) construction,
maintenance, and operation of facilities to expedite
lawful border traffic.’’.
TITLE III—INTERIOR
ENFORCEMENT
SEC. 301. INVESTIGATIVE PERSONNEL.
(a) The number of full-time investigator positions in
the Immigration and Naturalization Service shall be in-
creased above the number of such positions authorized as
of October 31, 1994 by 500 in fiscal year 1995, by 1,000
in fiscal year 1996, by 1,500 in fiscal year 1997, by 2,000
in fiscal year 1998, and by 2,500 in fiscal year 1999.
(b) There is authorized to be appropriated for each
of the fiscal years 1995, 1996, 1997, 1998, and 1999 such
amounts as may be necessary to provide for the increase
in positions provided by subsection (a) and for such sup-
port personnel as are necessary.
SEC. 302. COMMON-LAW SEARCHES RESTORED.
Section 287 of the Immigration and Nationality Act
is amended by striking subsection (e) and redesignating
subsection (f) as subsection (e).
SEC. 303. DETENTION FACILITIES.
Not later than January 1, 1995, the Secretary of De-
fense shall provide to the Attorney General a list of all
military bases and installations within the United States
which contain facilities that are (1) suitable for the deten-
tion of aliens by the Attorney General and (2) are closed,
are scheduled to be closed, or otherwise are not being uti-
lized for defense-related purposes and shall notify the At-
torney General of any subsequent deletions from or addi-
tions to such list. Upon the request of the Attorney Gen-
eral, the Secretary of Defense shall make available to the
Attorney General such facilities as the Attorney General
shall identify from the list as needed for the detention of
aliens and shall render to the Attorney General such as-
sistance as the Attorney General may require to take pos-
session of and operate such facilities.
SEC. 304. JURISDICTION OVER IMMIGRATION CASES.
Section 1295(a) of title 28, United States Code is
amended—
(1) by striking ‘‘and’’ at the end of paragraph
(13);
(2) by striking the period at the end of para-
graph (14) and inserting ‘‘; and’’; and
(3) by inserting after paragraph (14) the fol-
lowing:
‘‘(15) of an appeal from a final decision of a
district court of the United States of any case aris-
ing under the Immigration and Nationality Act.’’.
SEC. 305. ALIENS IN DEPORTATION.
(a) PENALTY FOR UNLAWFUL PRESENCE.—The Im-
migration and Nationality Act is amended by adding after
section 276 the following new section:
‘‘SEC. 276A. An alien whose presence in the United
States is in violation of any provision of this Act when
proceedings to deport the alien commence shall be subject
to a civil penalty when a final order of deportation is made
against the alien. The amount of the penalty shall be the
greater of (1) the actual cost of deporting the alien, or
(2) the estimate by the Commissioner of the average cost
of deporting an alien that was last published in the Fed-
eral Register prior to the making of the final order of de-
portation. During each fiscal year the Commissioner shall
cause to be published in the Federal Register an estimate
of the average cost of deporting an alien during the pre-
ceding fiscal year. For purposes of this section, the cost
of deporting an alien includes all direct and indirect costs
of detection, apprehension, detention, processing, and
transportation.’’.
(b) SEIZURE OF CERTAIN PROPERTY.—The Immi-
gration and Nationality Act is amended by adding after
section 242B:
‘‘SEC. 242C. (a) If the Attorney General determines
that an alien, found to be deportable, has at any time en-
gaged in unauthorized employment or in any commercial
enterprise during any period of unlawful presence in the
United States or has received any Federal financial benefit
to which such alien was not entitled, then all property real
or personal, of the alien in the United States, wherever
situated, shall be seized and subject to forfeiture, except
that, in cases where such seizure and forfeiture would re-
sult in severe financial hardship of the alien or of any
United States citizen or permanent resident alien that is
the spouse, minor child, or parent of the alien, the Attor-
ney General, the sole discretion of the Attorney General,
may exempt from seizure and forfeiture an amount of
property not exceeding $10,000.
‘‘(b) Any property subject to seizure under this sec-
tion may be seized without warrant if circumstances exist
where a warrant is not constitutionally required.
‘‘(c) All provisions of law relating to the seizure, sum-
mary and judicial forfeiture, and condemnation of prop-
erty for the violation of the customs laws; the disposition
of such property or the proceeds from the sale thereof;
the remission or mitigation of such forfeitures; and the
compromise of claims and the award of compensation to
informers in respect of such forfeitures shall apply to sei-
zures and forfeitures incurred, or alleged to have been in-
curred, under the provisions of this section, insofar as ap-
plicable and not inconsistent with the provisions hereof,
except that duties imposed on customs officers or other
persons regarding the seizure and forfeiture of property
under the customs laws shall be performed with respect
to seizures and forfeitures carried out under the provisions
of this section by such officers or persons authorized for
that purpose by the Attorney General.
‘‘(d) Whenever property is forfeited under this sec-
tion, the Attorney General may—
‘‘(1) retain the property for official use;
‘‘(2) sell the property, in which case the pro-
ceeds from any such sale shall be used to pay all
proper expenses of the proceedings for forfeiture and
sale including expenses of seizure, maintenance of
custody, advertising, and courts costs; and
‘‘(3) deposit any moneys or proceeds from the
sale of seized property not used to pay expenses in
accordance with paragraph (2) to the Penalties and
Confiscation Account.
‘‘(e) In all suits or actions brought for the forfeiture
of any property of an alien seized under this section, where
an interest in such property is claimed by any person other
than such alien, the burden of proof shall lie upon such
claimant, except that probable cause shall be first shown
for the institution of such suit or action.’’.
SEC. 306. IMMIGRATION PENALTIES AND CONFISCATIONS.
Section 286 of the Immigration and Nationality Act
(8 U.S.C. 1356) is amended—
(1) in subsection (b)(1) by striking subpara-
graph ‘‘(A)’’ and in subparagraph (B) by striking
subparagraph ‘‘(B)’’.
(2) by amending subsection (r) to read as fol-
lows:
‘‘(r) PENALTIES AND CONFISCATIONS ACCOUNT.—
‘‘(1) Notwithstanding any other provision of
law, all breached cash and surety bonds that are
posted under this chapter and are recovered, all civil
fines or penalties collected pursuant to this Act, and
all money confiscated, and all proceeds from the sale
of property confiscated, pursuant to this Act, shall
be deposited as offsetting receipts into a separate ac-
count entitled ‘‘Penalties and Confiscations Ac-
count’’ in the Treasury of the United States.
‘‘(2) Each calendar quarter the Secretary of the
Treasury shall refund out of the Penalties and
Confiscations Account to any appropriation the
amount paid out of such appropriation during the
preceding calendar quarter for expenses incurred by
the Attorney General in the detection, apprehension,
detention, and deportation of aliens who are unlaw-
fully present in the United States.’’.
SEC. 307. COMMUNICATIONS.
Notwithstanding any other provision of law, no agen-
cy, officer, or employee of the United States shall be pro-
hibited or in any way restricted from communicating with
the Immigration and Naturalization Service regarding the
immigration status of an alien.
SEC. 308. VOLUNTARY DEPARTURE.
Section 244 of the Immigration and Nationality Act
(8 U.S.C. 1254) is amended—
(1) in subsection (e) by adding at the end the
following:
‘‘(3) When granting permission to depart volun-
tarily under the authority contained in paragraph
(1), the Attorney General shall inform the alien of
the date and year, not more than 6 months from the
date on which such permission is communicated, by
which such departure must be accomplished. No
postponement of the initially prescribed departure
date may be granted’’;
(2) in subsection (f) striking ‘‘; or’’ at the end
of paragraph (2) and inserting a semicolon
(3) in paragraph (3) by striking the period at
the end and inserting ‘‘; or’’; and
(4) by adding after paragraph (3) the following:
‘‘(4) was permitted by the Attorney General to
depart voluntarily under subsection (e)(1) and did
not depart by the date prescribed in accordance with
subsection (e)(3).’’.
TITLE IV—DOCUMENT REFORM
SEC. 401. SECURE WORK ELIGIBILITY DOCUMENTS.
(a) EXAMINATION OF DOCUMENTS.—Effective Janu-
ary 1, 1996, section 274A of the Immigration and Nation-
ality Act (8 U.S.C. 1324a) is amended by striking sub-
paragraphs (A) through (D) of subsection (b)(1) and in-
serting the following:
‘‘(A) IN GENERAL.—The person or entity
must attest, under penalty of perjury and on a
form designated or established by the Attorney
General by regulation, that it has verified that
the individual is not an unauthorized alien by—
‘‘(i) examining the document de-
scribed in subparagraph (B) in the case of
an individual claiming to be a United
States citizen or United States national;
‘‘(ii) examining the document de-
scribed in subparagraph (C) in the case of
an individual not claiming to be a United
States citizen or a United States national;
and
‘‘(iii) reporting the individual’s Social
Security account number to the Social Se-
(D) display the alien’s name, sex, date of
birth, place of birth, and such other identifying
information as the Attorney General shall de-
termine,
(E) show an expiration date that shall be
determined in accordance with regulations is-
sued by the Attorney General, but shall not in
any case be later than 3 calendar years after
the date of issuance, and
(F) incorporate a machine-readable encod-
ing of the information displayed on the card
and such other information as may serve to pre-
vent counterfeiting or other misuse of the card.
(c) IMPROVEMENT OF SOCIAL SECURITY CARDS.—
(1) ISSUANCE OF ENHANCED CARD FOR CITI-
ZENS.—The Secretary shall cause to be issued en-
hanced Social Security account number cards to
United States citizens and United States nationals
who are 16 years of age or older upon application,
proof of identity, proof of citizenship or nationality,
and payment of a reasonable fee.
(2) ISSUANCE
OF
ENHANCED
CARD
FOR
ALIENS.—The Secretary shall cause to be issued en-
hanced Social Security account number cards to
aliens lawfully admitted for permanent residence or
who are otherwise authorized to work in the United
States and who are 16 years of age or older upon
application, proof of identity, verification of status
by the Immigration and Naturalization Service, and
payment of a reasonable fee.
(3) REQUIREMENTS OF NEW CARDS.—
(A) The cards issued pursuant to para-
graphs (1) and (2) shall—
(i) be uniform in appearance,
(ii) be as tamper-proof and counter-
feit-resistant as is practicable,
(iii) contain a photograph and such
other identifying information that is spe-
cific to each person as the Secretary shall
determine,
(iv) contain the name, sex, date of
birth, citizenship status, and Social Secu-
rity account number of the issuee, and
(v) incorporate a machine-readable en-
coding of the information contained in the
card.
(B) The cards issued pursuant to para-
graph (2) to aliens who are not permanent resi-
dent aliens shall indicate whether the work au-
thorization granted to the alien has an expira-
tion date.
(4) SECRETARY
DEFINED.—For purposes of
this subsection, the Secretary means the Secretary
of Health and Human Services.
(d) REASONABLE FEE.—The amount of the fee that
is to be charged under subsections (b) and (c) shall be
the amount, not exceeding $50, required to cover the costs
of issuing the card (rounded to the nearest whole dollar).
(e) NO OTHER CARDS.—No Social Security account
number card or alien identification card shall be issued
after June 30, 1995, whether as an original card or as
a replacement, that does not satisfy the requirements of
this section.
(f) DEFINITIONS.—For purposes of this section—
(1) ‘‘place of birth’’ means, for an individual—
(A) born in a State, the 2-letter symbol
used by the United States Postal Service to
identify that State, or
(B) not born in a State, such 2-letter sym-
bol as the Secretary shall determine by regula-
tions;
(2) ‘‘State’’ means one of the United States,
the District of Columbia, Puerto Rico, the United
States Virgin Islands, or Guam.
SEC. 402. ELECTRONIC VERIFICATION.
(a) SOCIAL SECURITY DATABASE.—By September
30, 1995, the Secretary of Health and Human Services
shall make such modifications to the Social Security ac-
count number data base (NUMIDENT) as are practicable
and as enable confirmation through the electronic verifica-
tion system described in subsection (d) that a Social Secu-
rity account number has been issued to an individual iden-
tified by last name, sex, year of birth, and place of birth
and that such individual is not known to the Secretary
of Health and Human Services to be an alien not author-
ized to work in the United States. At a minimum the data
base shall be modified to enable confirmation that a Social
Security account number is not assigned to an individual
authorized to work in the United States because the num-
ber—
(1) has not been issued,
(2) was issued to an individual known by the
Secretary of Health and Human Services as not au-
thorized to work,
(3) was issued to a person that is deceased and
has not been reissued, or
(4) was issued to an alien that any data base
of the Immigration and Naturalization Service shows
is not authorized to work in the United States.
The Attorney General shall provide such assistance as the
Secretary of Health and Human Services may require to
merge or otherwise make use of any data base of the Im-
migration and Naturalization Service for the purposes of
this section.
(b) EXCHANGE
OF INFORMATION.—The Attorney
General shall notify the Secretary of Health and Human
Services of the expiration of an alien’s authorization to
work in the United States not later than 14 calendar days
after the date of expiration. The Secretary of Health and
Human Services shall furnish the Attorney General with
a list of any aliens for whom confirmation of work eligi-
bility has been requested not later than 5 calendar days
after such request. Such list shall include the telephone
number from which the request was made and the em-
ployer identification number of the requester.
(c) ADULT APPLICANTS.—The Secretary of Health
and Human Services shall furnish to the Attorney General
a copy of any application (including supporting docu-
mentation) for a Social Security account number by an
alien or by an individual over 16 years of age who claims
to be a United States citizen or national and shall not
issue a number before the earlier of the following dates—
(1) the date on which the Attorney General con-
firms in writing that his records do not show that
the applicant is an alien not authorized to work in
the United States, or
(2) 60 days after a copy of the application and
supporting documentation has been delivered to the
Attorney General.
(d) ELECTRONIC VERIFICATION SYSTEM.—Before
January 1, 1996, the Secretary of Health and Human
Services shall test and place in operation a system whereby
an employer can report by touch-tone telephone or point-
of-service device his employer identification number and
the Social Security account number, last name, sex, year
of birth, and place of birth of any individual who is to
be employed and can receive immediate confirmation that
the number was issued to the individual having that iden-
tity and that such person is not identified within the Social
Security account number data base as an individual who
is not a United States citizen, a United States national,
or an alien authorized to work in the United States. The
charge for each call will be sufficient to cover the costs
of operating the system, except that it shall not exceed
$2.00 plus any line charges payable to the telephone car-
rier. The system shall provide for access to a live operator
if an entry is not accepted or confirmed, shall provide a
verification code to the caller, shall create and maintain
a record of each inquiry (including the telephone number