I
103D CONGRESS
1ST SESSION
H. R. 1079
To prevent immigration document fraud, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 24, 1993
Mr. GALLEGLY (for himself, Mr. SENSENBRENNER, Mr. HYDE, Mr. HUNTER,
Mr. OXLEY, Mr. STUMP, Mr. BAKER of Louisiana, Mr. DOOLITTLE, Mr.
ROHRABACHER, Mr. MOORHEAD, Mr. DREIER, Mr. MCKEON, Mr.
STEARNS, Mr. ARCHER, Mr. CUNNINGHAM, Mr. LEWIS of California, Mr.
MCCANDLESS, Mr. DORNAN, Mr. WELDON, Mr. ROYCE, Mr. BARTON of
Texas, Mr. PACKARD, Mr. INHOFE, Mr. GORDON, Mr. SMITH of Texas,
Mr. HEFLEY, Mr. HANCOCK, Mr. HERGER, Mr. CALVERT, Mr. HORN,
Mr. KYL, Mr. POMBO, and Mr. COX) introduced the following bill; which
was referred jointly to the Committees on the Judiciary, Banking, Fi-
nance and Urban Affairs, and Ways and Means
A BILL
To prevent immigration document fraud, and for other
purposes.
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 Docu-
ment Fraud Prevention Act of 1993’’.
SEC. 2. ISSUANCE OF NEW IDENTIFICATION CARDS FOR
ALIENS.
(a) IN GENERAL.—The Attorney General shall cause
to be issued new registration and identification cards to
all aliens who are qualified to hold employment in the
United States for the purpose of providing proof of em-
ployment eligibility under section 274A of the Immigration
and Nationality Act (8 U.S.C. 1324a).
(b) REQUIREMENTS.—(1) Each new registration and
identification card issued under subsection (a) shall—
(A) be in a form which is resistant to counter-
feiting and tampering;
(B) be designed in such a manner so that an
employer can reliably determine that—
(i) the person with the bearer’s claimed
identity is eligible to be employed in the United
States, and
(ii) the bearer is not claiming the identity
of another individual;
(C) contain a photograph and other identifying
information (such as date of birth, sex, and distin-
guishing marks) that would allow an employer to de-
termine with reasonable certainty that the bearer is
not claiming the identity of another individual;
(D) in the case of a card issued to—
(i) a work-eligible nonimmigrant admitted
under section 214 of the Immigration and Na-
tionality Act (8 U.S.C. 1184),
(ii) an alien admitted for temporary resi-
dence under section 210 of such Act (8 U.S.C.
1160),
(iii) an alien granted temporary protected
status under section 244A of such Act (8
U.S.C. 1254a), and
(iv) an alien authorized to work by the Im-
migration and Naturalization Service pending a
final determination of deportability,
shall specify the expiration date of the work author-
ization on the face of the card; and
(E) shall specify the alien’s admission number
or alien file number.
(2) The new card shall be valid for a period of 10
years and must be reissued to remain valid after the 10th
anniversary of the date of its issue.
(3) The new card shall note on its face whether work
authorization is restricted.
(4) An employer, for purposes of satisfying the re-
quirements of section 274A(b) of the Immigration and
Nationality—
(A) may require an alien seeking employment to
produce the new card as proof of employment eligi-
bility, and
(B) may inquire whether an applicant’s limited
work authorization has expired or has been reau-
thorized at the end of a work authorization period.
Such a requirement or inquiry shall not constitute an un-
fair immigration-related employment practice under sec-
tion 274B of such Act.
SEC. 3. IMPLEMENTATION.
(a) IN GENERAL.—Each alien who is authorized to
be employed in the United States shall, on or before Octo-
ber 1, 1994, turn in any alien registration and identifica-
tion card which is in the alien’s possession at any post
office or office of the Immigration and Naturalization
Service. No resident alien shall receive the new card
until—
(1) the alien—
(A) has surrendered the old green card,
(B) has provided proof of identity,
(C) has provided such other documents as
may be required under law, and
(D) has paid a fee (not to exceed $75) that
is reasonable and sufficient to cover the costs of
administration of this section; and
(2) the Service has verified the lawful status of
the alien.
The Attorney General may waive payment of the fee under
paragraph (1)(D) (or reduce the amount of such fee) if
the alien provides satisfactory evidence that the alien can-
not afford the full fee.
(b) POSTING OF NOTICES.—Notices of the require-
ment of subsection (a) shall be posted in all post offices
and Immigration and Naturalization Service offices and
published in local newspapers during fiscal year 1994.
(c) INVALIDITY OF OLD CARDS.—Any alien registra-
tion or identification card for permanent resident aliens,
other than an alien registration and identification card is-
sued under this section, shall be invalid as of midnight
of October 1, 1997.
(d) USE OF NEW CARDS UNDER SAVE PROGRAM.—
(1) IN GENERAL.—Section 1137(d) of the So-
cial Security Act (42 U.S.C. 1320b–7(d)) is amend-
ed—
(A) in paragraph (2), by striking ‘‘either’’
and all that follows through the end and insert-
ing the following: ‘‘a registration and identifica-
tion card issued under section 2(a) of the Immi-
gration Document Fraud Prevention Act of
1993.’’,
(B) in paragraph (3), by striking ‘‘para-
graph (2)(A)’’ and inserting ‘‘paragraph (2)’’,
and
(C) in paragraph (4), by striking ‘‘para-
graph (2)(A)’’ and inserting ‘‘such paragraph’’.
(2) HOUSING ASSISTANCE.—Section 214(d) of
the Housing and Community Development Act of
1980 (42 U.S.C. 1436a(d)) is amended—
(A) in paragraph (2), by striking ‘‘either’’
and all that follows through the end and insert-
ing the following: ‘‘a registration and identifica-
tion card issued under section 2(a) of the Immi-
gration Document Fraud Prevention Act of
1993.’’,
(B) in paragraph (3), by striking ‘‘para-
graph (2)(A)’’ and inserting ‘‘paragraph (2)’’,
(C) in paragraph (4), by striking ‘‘para-
graph (2)(A)’’ the first place it appears and in-
serting ‘‘paragraph (2)’’, and
(D) in paragraph (4), by striking ‘‘para-
graph (2)(A)’’ the second place it appears and
inserting ‘‘such paragraph’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on October 1,
1997.
SEC. 4. NO NATIONAL IDENTITY CARD.
The new card described in section 2—
(1) shall not be considered a national identity
card;
(2) shall not be issued to any citizen or national
of the United States; and
(3) shall—
(A) not be required to be carried on one’s
person, and
(B) not be required to be presented other
than—
(i) upon request by a prospective em-
ployer for any purposes other than under
this section or under sections 1001, 1023,
1566, and 1621 of title 18, United States
Code, or to satisfy the requirements of sec-
tion 274A of the Immigration and Nation-
ality Act, or
(ii) for purposes of carrying out sec-
tion 1137(d) of the Social Security Act or
section 214(d) of the Housing and Com-
munity Development Act of 1980.
SEC. 5. EMPLOYER EDUCATION PROGRAM.
The Attorney General, in consultation with the Sec-
retary of Labor, the Administrator of the Small Business
Administration, and the Commissioner of the Internal
Revenue, shall conduct a nationwide program to inform
employers about their responsibilities under the Immigra-
tion and Nationality Act and the uses of the new alien
registration and identification cards issued under this Act.
SEC. 6. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated $5,000,000
for each of fiscal years 1994 and 1995 to carry out this
Act.
SEC. 7. STRONGER PENALTIES FOR IMMIGRATION FRAUD.
(a) FRAUD AND MISUSE OF VISAS, PERMITS, AND
OTHER DOCUMENTS.—Section 1546(a) of title 18, United
States Code, is amended by striking ‘‘five years’’ each
place it appears and inserting ‘‘10 years’’.
(b) FRAUD AND RELATED ACTIVITY IN CONNECTION
WITH IDENTIFICATION DOCUMENTS.—Section 1028(b)(1)
of title 18, United States Code, is amended by striking
‘‘five years’’ and inserting ‘‘10 years’’.
SEC. 8. EMPLOYMENT ELIGIBILITY VERIFICATION DEM-
ONSTRATION PROJECT.
The Attorney General shall continue to conduct the
demonstration projects under section 274A of the Immi-
gration and Nationality Act in order to establish if it is
feasible to determine the employment eligibility of aliens
authorized to work in the United States through the use
of a telephone and computation capability that is available
on the date of enactment of this Act. The Attorney Gen-
eral shall submit a report to Congress on such projects
by not later than October 1, 1994.
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