ality Act (8 U.S.C. 1327) (relating to the smuggling of
aliens convicted of aggravated felonies or of aliens subject
to exclusion on grounds of national security), or of section
278 of the Immigration and Nationality Act (8 U.S.C.
1328) (relating to smuggling of aliens for the purpose of
prostitution or other immoral purpose);’’.
TITLE III—EMPLOYMENT
SEC. 301. IMPROVEMENT OF WORK ELIGIBILITY DOCU-
MENTS.
(a) WORK ELIGIBILITY DOCUMENTS AND VERIFICA-
TION OF ELIGIBILITY TO WORK.—Section 274A(b) of the
Immigration and Nationality Act is amended—
(1) by striking paragraph (1) of subsection (b)
and inserting:
‘‘(1) ATTESTATION AFTER EXAMINATION AND
VERIFICATION OF DOCUMENTATION.—The person or
entity must attest, under penalty or 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—
‘‘(A) examining the individual’s Social Se-
curity account number card issued pursuant to
subsection (d)(1), and
‘‘(B) verifying the individual’s Social Secu-
rity account number through the verification
system established pursuant to subsection
(d)(4).’’,
(2) by inserting the following paragraph and re-
designating the subsequent paragraphs accordingly:
‘‘(2) VERIFICATION OF CONTINUED WORK ELI-
GIBILITY
FOR
ALIENS
WITH
LIMITED
WORK
AU-
THORIZATION.—In the case of an alien whose work
authorization has an expiration date, a person or en-
tity who continues to employ such an alien after the
date the employment authorization expires must ver-
ify, through the verification system established pur-
suant to subsection (d)(4), that the alien’s work au-
thorization has been extended.’’, and
(3) by adding at the end the following:
‘‘(7) Notwithstanding any other provision of
law, a person or entity may not be considered to dis-
criminate by requesting the production of the docu-
mentation required under this subsection in the hir-
ing, recruiting, or referring of an individual for em-
ployment in the United States.’’.
(b) EFFECTIVE DATES.—(1) Subsection (a)(1) shall
be effective as of July 1, 1996.
(2) Paragraphs (2) and (3) of subsection (a) shall
be effective upon enactment of this Act.
(c) ENHANCEMENT
OF SOCIAL SECURITY CARDS
AND ESTABLISHMENT OF EMPLOYMENT VERIFICATION
SYSTEM.—Section 274A(d) of the Immigration and Na-
tionality Act is amended to read as follows:
‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.—
‘‘(1) ENHANCEMENT
OF
SOCIAL
SECURITY
CARDS.—
‘‘(A) ISSUANCE OF ENHANCED CARD FOR
CITIZENS.—The Secretary shall cause to be is-
sued enhanced 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.
‘‘(B) ISSUANCE OF ENHANCED CARD FOR
ALIENS.—The Secretary shall cause to be is-
sued enhanced 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 iden-
tity, verification of status by the Immigration
and Naturalization Service, and payment of a
reasonable fee.
‘‘(2) REQUIREMENTS OF NEW CARDS.—(A) The
cards issued pursuant to paragraph (1) shall—
‘‘(i) be uniform in appearance,
‘‘(ii) be as tamper-proof and counterfeit-re-
sistant as is practicable,
‘‘(iii) contain a photograph and such other
identifying information that is specific to each
person as the Secretary shall determine,
‘‘(iv) contain the name, sex, date of birth,
citizenship status, and Social Security account
number of the issuee, and
‘‘(v) incorporate a machine-readable encod-
ing of the information contained in the card.
‘‘(B) The cards issued pursuant to paragraph
(1)(B) to aliens who are not permanent resident
aliens shall indicate whether the work authorization
granted to the alien has an expiration date.
‘‘(3) IMPLEMENTATION.—(A) All Social Secu-
rity account number cards issued after July 1, 1996,
must be issued pursuant to the requirements under
this subsection.
‘‘(B) After July 1, 1996, individuals applying
for employment shall be required to apply for en-
hanced Social Security account cards to be issued
pursuant to paragraph (1).
‘‘(C) By January 1, 2000, all individuals who
are 16 years of age or older and who have a Social
Security account number must apply for Social Se-
curity account number card issued pursuant to para-
graph (1).
‘‘(4) VERIFICATION SYSTEM.—
‘‘(A) IN GENERAL.—The Secretary, in con-
sultation with the Attorney General, shall make
such modifications and improvements as are
necessary to current data bases and systems to
develop and implement a verification system
that a person or entity can access by telephone
or other electronic means. Such system shall
allow for verification that an individual’s Social
Security account number—
‘‘(i) has been issued,
‘‘(ii) was issued to an individual au-
thorized to work in the United States, and
‘‘(iii) is not a number issued to a de-
ceased individual that has not been re-
issued.
The system shall also provide any other infor-
mation that the Secretary and Attorney General
determine is needed to verify that the number
is a number issued validly to the individual and
that such individual is authorized to work in
the United States.
‘‘(B) ACCESS FEE.—A fee, not to exceed
$2 plus any line charges payable to a telephone
carrier or equivalent entity, shall be charged for
each instance of accessing the verification sys-
tem to pay for the costs of operating the sys-
tem.
‘‘(C) EFFECTIVE DATE.—The verification
system required by this paragraph shall be
operational by July 1, 1996.
‘‘(5) FUNDING OF EMPLOYMENT VERIFICATION
SYSTEM.—
‘‘(A) The amount of the fee that is to be
charged under paragraph (1) shall be the
amount (rounded to the nearest whole dollar),
not exceeding $40, required to cover the costs
of issuing the cards. The Secretary shall pro-
vide for the waiver of any fee for persons un-
able to pay.
‘‘(B) Any costs incurred in developing and
implementing the new Social Security account
number cards and verification system estab-
lished under this subsection that exceed the fees
collected under paragraph (1) shall not be paid
for out of any trust fund established under the
Social Security Act.
‘‘(6) PRIVACY PROTECTIONS.—
‘‘(A) Any personal information utilized by
the system may not be made available to Gov-
ernment agencies, employers, and other persons
except to the extent necessary to verify that an
individual is not an unauthorized alien.
‘‘(B) The system must protect the privacy
and security of personal information and identi-
fiers utilized in the system.
‘‘(C) A verification that an employee or
prospective employee is eligible to be employed
in the United States may not be withheld or re-
voked under the system for any reason other
than that the employee or prospective employee
is an unauthorized alien.
‘‘(D) The system may not be used for law
enforcement purposes, other than for enforce-
ment of this Act or section 1001, 1028, 1546,
and 1621 of title 18, United States Code.
‘‘(E) The cards issued pursuant to this
subsection may not be required to be presented
for any purpose other than under this Act (or
enforcement of sections 1001, 1028, 1546, and