[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5111 Introduced in House (IH)]






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.
                                 <all>