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108th CONGRESS
2d Session
H. R. 5111
To enforce restrictions on employment in the United States of
unauthorized aliens through the use of improved Social Security cards
and an Employment Eligibility Database, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
September 21, 2004
Mr. Dreier (for himself, Mr. Reyes, and Mr. Issa) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on Education and the Workforce, and
the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To enforce restrictions on employment in the United States of
unauthorized aliens through the use of improved Social Security cards
and an Employment Eligibility Database, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Illegal Immigration Enforcement and
Social Security Protection Act of 2004''.
SEC. 2. FINDINGS.
The Congress finds the following:
(1) The Bonner Plan, as reflected in the terms of this Act,
is an appropriate response to the need to improve procedures to
preclude unauthorized employment of aliens and prevent the
entry of terrorists into the United States.
(2) The economic disparity between the United States and
other countries is a prime factor in the desire of foreign
nationals to enter the United States illegally.
(3) Federal law prohibits the employment of such illegal
immigrants in the United States.
(4) Nonetheless, illegal immigrants routinely find
employment within the United States.
(5) Such employment of illegal immigrants undermines our
system of lawful immigration and has a negative impact on job
opportunities for American workers.
(6) Employers in the United States currently have
difficulty establishing the veracity of the identity documents
of prospective employees in order to verify their work
eligibility.
(7) Pilot programs undertaken by the Federal Government
demonstrate that a nationwide employment verification system is
feasible.
(8) Social Security cards are routinely required to be
presented to employers by new employees.
(9) Social Security cards remain vulnerable to
counterfeiting and fraud.
(10) Social Security cards with improved defenses against
fraudulent use would serve as the best vehicle by which to
determine employment eligibility.
(11) The Social Security card should not become a national
identification card.
SEC. 3. AMENDMENTS TO THE SOCIAL SECURITY ACT RELATING TO
IDENTIFICATION OF INDIVIDUALS.
(a) Antifraud Measures for Social Security Cards.--Section
205(c)(2)(G) of the Social Security Act (42 U.S.C. 405(c)(2)(G)) is
amended--
(1) by inserting ``(i)'' after ``(G)'';
(2) by striking ``banknote paper'' and inserting ``durable
plastic or similar material''; and
(3) by adding at the end the following new clauses:
``(ii) Each Social Security card issued under this subparagraph
shall include an encrypted electronic identification strip which shall
be unique to the individual to whom the card is issued. The
Commissioner shall develop such electronic identification strip in
consultation with the Secretary of Homeland Security, so as to enable
employers to use such strip in accordance with section 5(b) of Illegal
Immigration Enforcement and Social Security Protection Act of 2004 to
obtain access to the Employment Eligibility Database established by
such Secretary pursuant to section 4 of such Act with respect to the
individual to whom the card is issued.
``(iii) The Commissioner shall provide for the issuance (or
reissuance) to each individual who--
``(I) has been assigned a Social Security account number
under subparagraph (B),
``(II) has attained the minimum age applicable, in the
jurisdiction in which such individual engages in employment,
for legally engaging in such employment, and
``(III) files application for such card under this clause
in such form and manner as shall be prescribed by the
Commissioner,
a Social Security card which meets the preceding requirements of this
subparagraph and which includes a recent photograph of the individual
to whom the card is issued.
``(iv) The Commissioner shall maintain an ongoing effort to develop
measures in relation to the Social Security card and the issuance
thereof to preclude fraudulent use thereof.''.
(b) Sharing of Information With the Secretary of Homeland
Security.--Section 205(c)(2) of such Act is amended by adding at the
end the following new subparagraph:
``(I) Upon the issuance of a Social Security account number under
subparagraph (B) to any individual or the issuance of a Social Security
card under subparagraph (G) to any individual, the Commissioner of
Social Security shall transmit to the Secretary of Homeland Security
such information received by the Commissioner in the individual's
application for such number or such card as such Secretary determines
necessary and appropriate for administration of the Illegal Immigration
Enforcement and Social Security Protection Act of 2004. Such
information shall be used solely for inclusion in the Employment
Eligibility Database established pursuant to section 4 of the Illegal
Immigration Enforcement and Social Security Protection Act of 2004.''.
(c) Effective Dates.--The amendment made by subsection (a) shall
apply with respect to Social Security cards issued after 2 years after
the date of the enactment of this Act. The amendment made by subsection
(b) shall apply with respect to the issuance of Social Security account
numbers and Social Security cards after 2 years after the date of the
enactment of this Act.
SEC. 4. EMPLOYMENT ELIGIBILITY DATABASE.
(a) In General.--The Secretary of Homeland Security shall establish
and maintain an Employment Eligibility Database. The Database shall
include data comprised of the citizenship status of individuals and the
work and residency eligibility information (including expiration dates)
with respect to individuals who are not citizens or nationals of the
United States but are authorized to work in the United States. Such
data shall include all such data maintained by the Department of
Homeland Security as of the date of the establishment of such database
and information obtained from the Commissioner of Social Security
pursuant to section 205(c)(2)(I) of the Social Security Act. The
Secretary shall maintain ongoing consultations with the Commissioner to
ensure efficient and effective operation of the Database.
(b) Incorporation of Ongoing Pilot Programs.--To the extent that
the Secretary determines appropriate in furthering the purposes of
subsection (a), the Secretary may incorporate the information,
processes, and procedures employed in connection with the Citizen
Attestation Verification Pilot Program and the Basic Pilot Program into
the operation and maintenance of the Database under subsection (a).
(c) Confidentiality.--No officer or employee of the Department of
Homeland Security shall have access to any information contained in the
Database for any purpose other than the establishment of a system of
records necessary for the effective administration of this Act. The
Secretary shall restrict access to such information to officers and
employees of the United States whose duties or responsibilities require
access for the administration or enforcement of the provisions of this
Act. The Secretary shall provide such other safeguards as the Secretary
determines to be necessary or appropriate to protect the
confidentiality of information contained in the Database.
(d) Deadline for Meeting Requirements.--The Secretary shall
complete the establishment of the Database and provide for the
efficient and effective operation of the Database in accordance with
this section not later than 2 years after the date of the enactment of
this Act.
SEC. 5. REQUIREMENTS RELATING TO INDIVIDUALS COMMENCING WORK IN THE
UNITED STATES.
(a) Requirements for Employees.--No individual may commence
employment with an employer in the United States unless such individual
has--
(1) obtained a Social Security card issued by the
Commissioner of Social Security meeting the requirements of
section 205(c)(2)(G)(iii) of the Social Security Act, and
(2) displayed such card to the employer pursuant to the
employer's request for purposes of the verification required
under subsection (b).
(b) Requirements for Employers.--
(1) In general.--No employer may hire for employment an
individual in the United States in any capacity unless such
employer verifies under this subsection that such individual
has in his or her possession a Social Security card issued to
such individual pursuant to section 205(c)(2)(G) of the Social
Security Act which bears a photograph of such individual and
that such individual is authorized to work in the United States
in such capacity. Such verification shall be made in accordance
with procedures prescribed by the Secretary for the purposes of
ensuring against fraudulent use of the card and accurate and
prompt verification of the authorization of such individual to
work in the United States in such capacity.
(2) Verification procedures.--Such procedures shall include
use of--
(A) a phone verification system which shall be
established by the Secretary, or
(B) a card-reader device approved by the Secretary
as capable of reading the electronic identification
strip borne by the card so as to verify the identity of
the card holder and the card holder's authorization to
work.
(3) Access to database.--The Secretary shall ensure that,
by means of such procedures, the employer will have such access
to the Employment Eligibility Database maintained by the
Secretary as to enable the employer to obtain information,
relating to the citizenship, residency, and work eligibility of
the individual seeking employment by the employer in any
capacity, which is necessary to inform the employer as to
whether the individual is authorized to work for the employer
in the United States in such capacity.
(c) Effective Date.--The requirements of this section shall apply
with respect to the employment of any individual in any capacity
commencing after 2 years after the date of the enactment of this Act.
SEC. 6. ENFORCEMENT.
(a) Civil Penalties.--The Secretary may assess a penalty, payable
to the Secretary, against any employer who--
(1) hires an individual for employment 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
(2) fails to comply with the procedures prescribed by the
Secretary pursuant to section 5 in connection with the
employment of any individual.
Such penalty shall not exceed $50,000 for each occurrence of a
violation described in paragraph (1) or (2) with respect to the
individual, plus, in the event of the removal or deportation of such
individual from the United States based on findings developed in
connection with the assessment or collection of such penalty, the costs
incurred by the Federal Government in connection with such removal or
deportation.
(b) Actions by the Secretary.--If any person is assessed under
subsection (a) and fails to pay the assessment when due, or any person
otherwise fails to meet any requirement of this Act, the Secretary 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 equitable 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.
(c) Criminal Penalty.--Any person who--
(1) 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
(2) hires for employment any individual in the United
States and fails to comply with the procedures prescribed by
the Secretary pursuant to section 5(b) in connection with the
hiring 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.
SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS.
(a) Department of Homeland Security.--There are authorized to be
appropriated to the Department of Homeland Security for each fiscal
year beginning on or after October 1, 2004, such sums as are necessary
to carry out the provisions of this Act, including not to exceed
$100,000,000 to enforce the provisions of this Act.
(b) Social Security Administration.--There are authorized to be
appropriated to the Social Security Administration for each fiscal year
beginning on or after October 1, 2004, such sums as are necessary to
carry out the amendments made by section 3.
SEC. 8. INTEGRATION OF FINGERPRINTING DATABASES.
The Secretary of Homeland Security and the Attorney General of the
United States shall jointly undertake to integrate the border-patrol
fingerprinting identification system maintained by the Department of
Homeland Security with the fingerprint database maintained by the
Federal Bureau of Investigation. 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. 9. ADDITIONAL AUTHORIZATION FOR HIRING OF BORDER PATROL AGENTS.
In addition to such sums as are otherwise authorized, there is
authorized to be appropriated to the Department of Homeland Security
for each fiscal year beginning on or after October 1, 2004, $50,000,000
for employment of border patrol agents.
SEC. 10. RULE OF CONSTRUCTION.
Nothing in this Act shall be construed to establish a national
identification card, and it is the policy of the United States that the
Social Security card shall not be used as a national identification
card.
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