[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 98 Introduced in House (IH)]







111th CONGRESS
  1st Session
                                 H. R. 98

To amend the Immigration and Nationality Act 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

                            January 6, 2009

 Mr. Dreier (for himself, Mr. Reyes, Mr. Calvert, Mr. Bilbray, and Mr. 
    Issa) introduced the following bill; which was referred to the 
 Committee on Ways and Means, and in addition to the Committees on the 
Judiciary, Homeland Security, and Education and Labor, 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 amend the Immigration and Nationality Act 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 2009''.

SEC. 2. FINDINGS.

    The Congress finds the following:
            (1) 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 machine-readable 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 
274A(a)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 
1324a(a)(1)(B)) 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) Each Social Security card issued under this subparagraph 
shall contain--
            ``(I) physical security features designed to prevent 
        tampering, counterfeiting, or duplication of the card for 
        fraudulent purposes; and
            ``(II) a disclaimer stating the following: `This card shall 
        not be used for the purpose of identification.'.
    ``(iv) 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 digitized photograph of the 
individual to whom the card is issued.
    ``(v) 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 2009. Such 
information shall be used solely for inclusion in the Employment 
Eligibility Database established pursuant to section 4 of such Act.''.
    (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.--
            (1) In general.--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--
                    (A) the establishment of a system of records 
                necessary for the effective administration of this Act; 
                or
                    (B) any other purpose the Secretary of Homeland 
                Security deems to be in the national security interests 
                of the United States.
            (2) Restriction.--The Secretary shall restrict access to 
        such information to officers and employees of the United States 
        whose duties or responsibilities require access for the 
        purposes described in paragraph (1).
            (3) Other safeguards.--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.
            (4) Criminal penalties.--Whoever accesses or uses 
        information in the Employment Eligibility Database without 
        authority to do so, or for an unauthorized purpose, shall be 
        fined under title 18, United States Code, imprisoned for a term 
        of not less than 5, and not more than 7, years, or both.
    (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 Employers and Employees.--Section 274A(a)(1) 
of the Immigration and Nationality Act (8 U.S.C. 1324a(a)(1)) is 
amended to read as follows:
            ``(1) In general.--
                    ``(A) Requirements for employees.--No individual 
                may commence employment with an employer in the United 
                States unless such individual has--
                            ``(i) 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
                            ``(ii) displayed such card to the employer 
                        pursuant to the employer's request for purposes 
                        of the verification required under subparagraph 
                        (B).
                    ``(B) Requirements for employers.--
                            ``(i) In general.--No employer may hire for 
                        employment an individual in the United States 
                        in any capacity unless such employer verifies 
                        under this subparagraph 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 of 
                        Homeland Security 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.
                            ``(ii) Verification procedures.--Such 
                        procedures shall include use of--
                                    ``(I) a phone verification system 
                                which shall be established by the 
                                Secretary; or
                                    ``(II) a card-reader verification 
                                system employing a 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, 
                                and which is made available at minimal 
                                cost to the employer.
                            ``(iii) Security and effectiveness.--The 
                        Secretary shall ensure that the phone 
                        verification system described in subparagraph 
                        (I) of clause (ii) is as secure and effective 
                        as the card-reader verification system 
                        described in subparagraph (II) of such clause.
                            ``(iv) Access to database.--The Secretary 
                        shall ensure that, by means of such procedures, 
                        the employer will have such access to the 
                        Employment Eligibility Database established and 
                        operated by the Secretary pursuant to section 4 
                        of the Illegal Immigration Enforcement and 
                        Social Security Protection Act of 2009 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.
                            ``(v) Defense.--An employer who establishes 
                        that the employer complied in good faith with 
                        the requirements of this subparagraph shall not 
                        be liable for hiring an unauthorized alien, 
                        if--
                                    ``(I) such hiring occurred due to 
                                an error in the phone verification 
                                system, the card-reader verification 
                                system, 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 ``Secretary of Homeland 
                Security'';
                    (B) by amending the matter preceding paragraph (2) 
                to read as follows:
    ``(b) Employment Verification Forms.--
            ``(1) Employer attestation of compliance.--The verification 
        procedures prescribed under subsection (a)(1)(B) shall include 
        an attestation, made under penalty of perjury and on a form 
        designated or established by the Secretary of Homeland Security 
        by regulation, that the employer has complied 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 section:
                    ``(A) The term `authorized to work in the United 
                States', when applied to an individual, means that the 
                individual is not an unauthorized alien.
                    ``(B) The term `employer' means--
                            ``(i) any person or entity who hires an 
                        individual; or
                            ``(ii) any individual earning self-
                        employment 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)).
                    ``(D) The term `hire' means to hire an individual, 
                or to recruit or refer for a fee an individual, 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 Immigration 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, payable to the 
                Secretary, against any employer who--
                            ``(i) 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
                            ``(ii) fails to comply with the procedures 
                        prescribed by the Secretary pursuant to this 
                        section in connection with the employment of 
                        any individual.
                    ``(B) Amount.--Such penalty shall not exceed 
                $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 assessment or collection of such penalty, the 
                costs incurred by the Federal Government, cooperating 
                State and local governments, and State and local law 
                enforcement agencies, in connection 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 to meet any requirement of this 
        section, 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.
            ``(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 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''.
    (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 Security is authorized 
to make grants for the purpose of improving 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 2009 through 2011.

SEC. 8. INCREASE IN PERSONNEL ENSURING COMPLIANCE WITH PROHIBITIONS ON 
              UNLAWFUL EMPLOYMENT OF ALIENS.

    Beginning in fiscal year 2009, the Secretary of Homeland Security 
shall, subject to the availability of appropriations 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 Nationality 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 Attorney 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 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. 10. AUTHORIZATIONS OF APPROPRIATIONS.

    (a) Department of Homeland Security.--Except as otherwise provided 
in this Act, there are authorized to be appropriated to the Department 
of Homeland Security for each fiscal year beginning on or after October 
1, 2009, 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 carrying out section 274A(d) of the Immigration 
and Nationality 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 Administration for each fiscal year 
beginning on or after October 1, 2009, 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 construed--
            (1) to require the presentation of a Social Security card 
        for any purpose other than--
                    (A) for the administration and enforcement 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.
    (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.
                                 <all>