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. SENSEN-
BRENNER, Mrs. BLACKBURN, Mr. ISSA, Mrs. BONO, Mr. GARY G. MIL-
LER 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 Edu-
cation and the Workforce, for a period to be subsequently determined by 
the Speaker, in each case for consideration of such provisions as fall with-
in the jurisdiction of the committee concerned 
A BILL 
To require employers to conduct employment eligibility 
verification. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. REQUIREMENT FOR EMPLOYERS TO CONDUCT 
EMPLOYMENT ELIGIBILITY VERIFICATION. 
(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 ‘‘Employ-
ment Eligibility Verification System’’ (and is referred to 
in this section as such). 
(b) EXTENSION OF SCOPE OF PROGRAM.—The Sec-
retary of Homeland Security shall provide for the imple-
mentation of the Employment Eligibility Verification Sys-
tem throughout the United States on a timely basis, con-
sistent with the implementation of subsection (c) and such 
System shall continue in operation permanently and shall 
not terminate. 
(c) REQUIREMENT FOR USE OF EMPLOYMENT ELIGI-
BILITY VERIFICATION.— 
(1) IN GENERAL.—Subject to paragraph (3), 
any person or other entity that hires any individual 
for employment in the United States shall partici-
pate in the Employment Eligibility Verification Sys-
tem. 
(2) SANCTIONS
FOR
NONCOMPLIANCE; CON-
TINUATION
OF
CURRENT
COMPLIANCE
AUTHOR-
ITY.—The provisions of paragraph (2) of 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) shall apply 
with respect to a person or entity required to partici-
pate in the Employment Eligibility Verification Sys-
tem in the same manner as such paragraph applies 
to a person or entity required to participate under 
such subsection. 
(3) PHASING-IN OF REQUIREMENT.—Subject to 
paragraph (2), the requirement of paragraph (1) 
shall only apply to persons and other entities as fol-
lows: 
(A) As of the date that is 1 year after the 
date of the enactment of this Act, such require-
ment shall apply only to a person or other enti-
ty that employs more than 10,000 individuals 
in the United States. 
(B) As of the date that is 2 years after the 
date of the enactment of this Act, such require-
ment shall apply only to a person or other enti-
ty that employs more than 5,000 individuals in 
the United States. 
(C) As of the date that is 3 years after the 
date of the enactment of this Act, such require-
ment shall apply only to a person or other enti-
ty that employs more than 1,000 individuals in 
the United States. 
(D) As of the date that is 4 years after the 
date of the enactment of this Act, such require-
ment shall apply only to a person or other enti-
ty that employs more than 500 individuals in 
the United States. 
(E) As of the date that is 5 years after the 
date of the enactment of this Act, such require-
ment shall apply only to a person or other enti-
ty that employs more than 250 individuals in 
the United States. 
(F) As of the date that is 6 years after the 
date of the enactment of this Act, such require-
ment shall apply only to a person or other enti-
ty that employs more than 100 individuals in 
the United States. 
(G) As of the date that is 7 years after the 
date of the enactment of this Act, such require-
ment shall apply to any person or other entity 
that employs 1 or more individuals in the 
United States. 
(4) VOLUNTARY PARTICIPATION OF EMPLOYERS 
NOT SUBJECT TO REQUIREMENT.—Nothing in this 
subsection shall be construed as preventing a person 
or other entity that is not subject to the requirement 
of paragraph (1) pursuant to paragraph (2) or (3) 
from voluntarily participating in the Employment 
Eligibility Verification System.
(d) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated such sums as may be 
required to carry out the Employment Eligibility 
Verification System throughout the United States 
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