‘‘(I) such hiring occurred due to 
an error in the phone verification sys-
tem, the card-reader verification sys-
tem, or the Employment Eligibility 
Database which was unknown to the 
employer at the time of such hiring; 
and 
‘‘(II) the employer terminates 
that employment of the alien upon 
being informed of the error.’’. 
(b) CONFORMING AMENDMENTS.—Section 274A of 
the Immigration and Nationality Act (8 U.S.C. 1324a) is 
amended— 
(1) in subsection (a), by striking paragraphs 
(3), (5), and (6) and redesignating paragraphs (4) 
and (7) as paragraphs (3) and (4), respectively; 
(2) in subsection (b)— 
(A) by striking ‘‘Attorney General’’ each 
place such term appears and inserting ‘‘Sec-
retary of Homeland Security’’; 
(B) by amending the matter preceding 
paragraph (2) to read as follows: 
‘‘(b) EMPLOYMENT VERIFICATION FORMS.— 
‘‘(1) EMPLOYER
ATTESTATION
OF
COMPLI-
ANCE.—The verification procedures prescribed under 
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subsection (a)(1)(B) shall include an attestation, 
made under penalty of perjury and on a form des-
ignated or established by the Secretary of Homeland 
Security by regulation, that the employer has com-
plied with such procedures.’’; and 
(C) by striking paragraph (6); 
(3) by striking subsection (d); and 
(4) by amending subsection (h)(3) to read as 
follows: 
‘‘(3) DEFINITIONS.—For purposed of this sec-
tion: 
‘‘(A) The term ‘authorized to work in the 
United States’, when applied to an individual, 
means that the individual is not an unauthor-
ized alien. 
‘‘(B) The term ‘employer’ means— 
‘‘(i) any person or entity who hires an 
individual; or 
‘‘(ii) any individual earning self-em-
ployment income (as defined in section 
211(b) of the Social Security Act (42 
U.S.C. 411(b))). 
‘‘(C) The term ‘employee’ shall have the 
meaning given such term in section 210(j) of 
the Social Security Act (42 U.S.C. 410(j)). 
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‘‘(D) The term ‘hire’ means to hire an in-
dividual, or to recruit or refer for a fee an indi-
vidual, for employment in the United States. 
‘‘(E) The term ‘unauthorized alien’ means, 
with respect to the employment of an alien at 
a particular time, that the alien is not at that 
time— 
‘‘(i) an alien lawfully admitted for 
permanent residence; or 
‘‘(ii) authorized to be so employed by 
this Act or by the Secretary of Homeland 
Security.’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 2 years after the date of the 
enactment of this Act and shall apply to employment of 
any individual in any capacity commencing on or after 
such effective date. 
SEC. 6. COMPLIANCE. 
(a) IN GENERAL.—Section 274A(e) of the Immigra-
tion and Nationality Act (8 U.S.C. 1324a(e)) is amended 
to read as follows: 
‘‘(e) COMPLIANCE.— 
‘‘(1) CIVIL PENALTY.— 
‘‘(A) IN
GENERAL.—The Secretary of 
Homeland Security may assess a penalty, pay-
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able to the Secretary, against any employer 
who— 
‘‘(i) hires an individual for employ-
ment in the United States in any capacity 
who is known by the employer not to be 
authorized to work in the United States in 
such capacity; or 
‘‘(ii) fails to comply with the proce-
dures prescribed by the Secretary pursuant 
to this section in connection with the em-
ployment of any individual. 
‘‘(B) AMOUNT.—Such penalty shall not ex-
ceed $50,000 for each occurrence of a violation 
described in subparagraph (A) with respect to 
the individual, plus, in the event of the removal 
of such individual from the United States based 
on findings developed in connection with the as-
sessment or collection of such penalty, the costs 
incurred by the Federal Government, cooper-
ating State and local governments, and State 
and local law enforcement agencies, in connec-
tion with such removal. 
‘‘(2) ACTIONS BY SECRETARY.—If any person is 
assessed under paragraph (1) and fails to pay the 
assessment when due, or any person otherwise fails 
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to meet any requirement of this section, the Sec-
retary may bring a civil action in any district court 
of the United States within the jurisdiction of which 
such person’s assets are located or in which such 
person resides or is found for the recovery of the 
amount of the assessment or for appropriate equi-
table relief to redress the violation or enforce the 
provisions of this section, and process may be served 
in any other district. The district courts of the 
United States shall have jurisdiction over actions 
brought under this section by the Secretary without 
regard to the amount in controversy. 
‘‘(3) CRIMINAL PENALTY.—Any person who— 
‘‘(A) hires for employment any individual 
in the United States in any capacity who such 
person knows not to be authorized to work in 
the United States in such capacity; or 
‘‘(B) hires for employment any individual 
in the United States and fails to comply with 
the procedures prescribed by the Secretary pur-
suant to section 5(b) in connection with the hir-
ing of such individual; 
shall upon conviction be fined in accordance with 
title 18, United States Code, or imprisoned for not 
more than 5 years, or both.’’. 
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(b) CONFORMING AMENDMENTS.—Section 274A of 
the Immigration and Nationality Act (8 U.S.C. 1324a) is 
amended— 
(1) in subsection (g)(2), by striking ‘‘hearing 
under subsection (e),’’ and inserting ‘‘hearing,’’; 
(2) by striking subsection (f); and 
(3) by redesignating subsections (e), (g), and 
(h) as subsections (d), (e), and (f), respectively. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall take effect 2 years after the date of the 
enactment of this Act and shall apply to employment of 
any individual in any capacity commencing on or after 
such effective date. 
SEC. 7. GRANTS FOR TECHNOLOGIES TO COMBAT ILLEGAL 
BORDER CROSSINGS. 
(a) IN GENERAL.—The Secretary of Homeland Secu-
rity is authorized to make grants for the purpose of im-
proving and developing new technologies to combat illegal 
border crossings into the United States. 
(b) AUTHORIZATION
OF APPROPRIATIONS.—There 
are authorized to be appropriated to carry out subsection 
(a) $10,000,000 for each of fiscal years 2006 through 
2010. 
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SEC. 8. INCREASE IN PERSONNEL ENSURING COMPLIANCE 
WITH PROHIBITIONS ON UNLAWFUL EMPLOY-
MENT OF ALIENS . 
Beginning in fiscal year 2007, the Secretary of 
Homeland Security shall, subject to the availability of ap-
propriations for such purpose, increase by not less than 
10,000 the number of positions within the Department of 
Homeland Security for full-time personnel charged with 
carrying out section 274A(d) of the Immigration and Na-
tionality Act (8 U.S.C. 1324a(d)), as amended by section 
6 of this Act, above the number of such positions for which 
funds were made available for fiscal year 2004. 
SEC. 9. INTEGRATION OF FINGERPRINTING DATABASES. 
The Secretary of Homeland Security and the Attor-
ney General of the United States shall jointly undertake 
to integrate the fingerprint database maintained by the 
Department of Homeland Security with the fingerprint 
database maintained by the Federal Bureau of Investiga-
tion. The integration of databases pursuant to this section 
shall be completed not later than 2 years after the date 
of the enactment of this Act. 
SEC. 10. AUTHORIZATIONS OF APPROPRIATIONS. 
(a) DEPARTMENT OF HOMELAND SECURITY.—Ex-
cept as otherwise provided in this Act, there are author-
ized to be appropriated to the Department of Homeland 
Security for each fiscal year beginning on or after October 
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1, 2007, such sums as may be necessary to carry out this 
Act and the amendments made by this Act, of which not 
less than $100,000,000 shall be for the purpose of car-
rying out section 274A(d) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(d)), as amended by section 6 
of this Act. 
(b) SOCIAL SECURITY ADMINISTRATION.—There are 
authorized to be appropriated to the Social Security Ad-
ministration for each fiscal year beginning on or after Oc-
tober 1, 2007, such sums as are necessary to carry out 
the amendments made by section 3. 
SEC. 11. RULES OF CONSTRUCTION. 
(a) IN GENERAL.—Nothing in this Act shall be con-
strued— 
(1) to require the presentation of a Social Secu-
rity card for any purpose other than— 
(A) for the administration and enforce-
ment of the Social Security laws of the United 
States; or 
(B) for the purpose of implementing and 
enforcing this Act and the amendments made 
by this Act; or 
(2) to require the Social Security card to be 
carried by an individual. 
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(b) NO NATIONAL IDENTIFICATION CARD.—It is the 
policy of the United States that the Social Security card 
shall not be used as a national identification card. 
Æ 
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