I 

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.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Illegal Immigration 

5 Enforcement and Social Security Protection Act of 2004’’. 
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1 SEC. 2. FINDINGS. 

2 The Congress finds the following: 

3 (1) The Bonner Plan, as reflected in the terms 

4 of this Act, is an appropriate response to the need 

5 to improve procedures to preclude unauthorized em6 ployment of aliens and prevent the entry of terror7 ists into the United States. 

8 (2) The economic disparity between the United 

9 States and other countries is a prime factor in the 

10 desire of foreign nationals to enter the United States 

11 illegally. 

12 (3) Federal law prohibits the employment of 

13 such illegal immigrants in the United States. 

14 (4) Nonetheless, illegal immigrants routinely 

15 find employment within the United States. 

16 (5) Such employment of illegal immigrants un17 dermines our system of lawful immigration and has 

18 a negative impact on job opportunities for American 

19 workers. 

20 (6) Employers in the United States currently 

21 have difficulty establishing the veracity of the iden22 tity documents of prospective employees in order to 

23 verify their work eligibility. 

24 (7) Pilot programs undertaken by the Federal 

25 Government demonstrate that a nationwide employ26 ment verification system is feasible. 
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1 (8) Social Security cards are routinely required 

2 to be presented to employers by new employees. 

3 (9) Social Security cards remain vulnerable to 

4 counterfeiting and fraud. 

5 (10) Social Security cards with improved de6 fenses against fraudulent use would serve as the best 

7 vehicle by which to determine employment eligibility. 

8 (11) The Social Security card should not be9 come a national identification card. 

10 SEC. 3. AMENDMENTS TO THE SOCIAL SECURITY ACT RE11 LATING TO IDENTIFICATION OF INDIVID12 UALS. 

13 (a) ANTIFRAUD MEASURES FOR SOCIAL SECURITY

14 CARDS.—Section 205(c)(2)(G) of the Social Security Act 

15 (42 U.S.C. 405(c)(2)(G)) is amended—

16 (1) by inserting ‘‘(i)’’ after ‘‘(G)’’; 

17 (2) by striking ‘‘banknote paper’’ and inserting 

18 ‘‘durable plastic or similar material’’; and 

19 (3) by adding at the end the following new 

20 clauses: 

21 ‘‘(ii) Each Social Security card issued under this sub22 paragraph shall include an encrypted electronic identifica23 tion strip which shall be unique to the individual to whom 

24 the card is issued. The Commissioner shall develop such 

25 electronic identification strip in consultation with the Sec-
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1 retary of Homeland Security, so as to enable employers 

2 to use such strip in accordance with section 5(b) of Illegal 

3 Immigration Enforcement and Social Security Protection 

4 Act of 2004 to obtain access to the Employment Eligibility 

5 Database established by such Secretary pursuant to sec6 tion 4 of such Act with respect to the individual to whom 

7 the card is issued. 

8 ‘‘(iii) The Commissioner shall provide for the 

9 issuance (or reissuance) to each individual who—

10 ‘‘(I) has been assigned a Social Security ac11 count number under subparagraph (B), 

12 ‘‘(II) has attained the minimum age applicable, 

13 in the jurisdiction in which such individual engages 

14 in employment, for legally engaging in such employ15 ment, and 

16 ‘‘(III) files application for such card under this 

17 clause in such form and manner as shall be pre18 scribed by the Commissioner, 

19 a Social Security card which meets the preceding require20 ments of this subparagraph and which includes a recent 

21 photograph of the individual to whom the card is issued. 

22 ‘‘(iv) The Commissioner shall maintain an ongoing 

23 effort to develop measures in relation to the Social Secu24 rity card and the issuance thereof to preclude fraudulent 

25 use thereof.’’. 
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1 (b) SHARING OF INFORMATION WITH THE SEC2 RETARY OF HOMELAND SECURITY.—Section 205(c)(2) of 

3 such Act is amended by adding at the end the following 

4 new subparagraph: 

5 ‘‘(I) Upon the issuance of a Social Security account 

6 number under subparagraph (B) to any individual or the 

7 issuance of a Social Security card under subparagraph (G) 

8 to any individual, the Commissioner of Social Security 

9 shall transmit to the Secretary of Homeland Security such 

10 information received by the Commissioner in the individ11 ual’s application for such number or such card as such 

12 Secretary determines necessary and appropriate for ad13 ministration of the Illegal Immigration Enforcement and 

14 Social Security Protection Act of 2004. Such information 

15 shall be used solely for inclusion in the Employment Eligi16 bility Database established pursuant to section 4 of the 

17 Illegal Immigration Enforcement and Social Security Pro18 tection Act of 2004.’’. 

19 (c) EFFECTIVE DATES.—The amendment made by 

20 subsection (a) shall apply with respect to Social Security 

21 cards issued after 2 years after the date of the enactment 

22 of this Act. The amendment made by subsection (b) shall 

23 apply with respect to the issuance of Social Security ac24 count numbers and Social Security cards after 2 years 

25 after the date of the enactment of this Act. 
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1 SEC. 4. EMPLOYMENT ELIGIBILITY DATABASE. 

2 (a) IN GENERAL.—The Secretary of Homeland Secu3 rity shall establish and maintain an Employment Eligi4 bility Database. The Database shall include data com5 prised of the citizenship status of individuals and the work 

6 and residency eligibility information (including expiration 

7 dates) with respect to individuals who are not citizens or 

8 nationals of the United States but are authorized to work 

9 in the United States. Such data shall include all such data 

10 maintained by the Department of Homeland Security as 

11 of the date of the establishment of such database and in12 formation obtained from the Commissioner of Social Secu13 rity pursuant to section 205(c)(2)(I) of the Social Security 

14 Act. The Secretary shall maintain ongoing consultations 

15 with the Commissioner to ensure efficient and effective op16 eration of the Database. 

17 (b) INCORPORATION OF ONGOING PILOT PRO18 GRAMS.—To the extent that the Secretary determines ap19 propriate in furthering the purposes of subsection (a), the 

20 Secretary may incorporate the information, processes, and 

21 procedures employed in connection with the Citizen Attes22 tation Verification Pilot Program and the Basic Pilot Pro23 gram into the operation and maintenance of the Database 

24 under subsection (a). 

25 (c) CONFIDENTIALITY.—No officer or employee of 

26 the Department of Homeland Security shall have access 
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1 to any information contained in the Database for any pur2 pose other than the establishment of a system of records 

3 necessary for the effective administration of this Act. The 

4 Secretary shall restrict access to such information to offi5 cers and employees of the United States whose duties or 

6 responsibilities require access for the administration or en7 forcement of the provisions of this Act. The Secretary 

8 shall provide such other safeguards as the Secretary deter9 mines to be necessary or appropriate to protect the con10 fidentiality of information contained in the Database. 

11 (d) DEADLINE FOR MEETING REQUIREMENTS.—The 

12 Secretary shall complete the establishment of the Data13 base and provide for the efficient and effective operation 

14 of the Database in accordance with this section not later 

15 than 2 years after the date of the enactment of this Act. 

16 SEC. 5. REQUIREMENTS RELATING TO INDIVIDUALS COM17 MENCING WORK IN THE UNITED STATES. 

18 (a) REQUIREMENTS FOR EMPLOYEES.—No indi19 vidual may commence employment with an employer in the 

20 United States unless such individual has—

21 (1) obtained a Social Security card issued by 

22 the Commissioner of Social Security meeting the re23 quirements of section 205(c)(2)(G)(iii) of the Social 

24 Security Act, and 
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1 (2) displayed such card to the employer pursu2 ant to the employer’s request for purposes of the 

3 verification required under subsection (b). 

4 (b) REQUIREMENTS FOR EMPLOYERS.—

5 (1) IN GENERAL.—No employer may hire for 

6 employment an individual in the United States in 

7 any capacity unless such employer verifies under this 

8 subsection that such individual has in his or her pos9 session a Social Security card issued to such indi10 vidual pursuant to section 205(c)(2)(G) of the Social 

11 Security Act which bears a photograph of such indi12 vidual and that such individual is authorized to work 

13 in the United States in such capacity. Such 

14 verification shall be made in accordance with proce15 dures prescribed by the Secretary for the purposes 

16 of ensuring against fraudulent use of the card and 

17 accurate and prompt verification of the authoriza18 tion of such individual to work in the United States 

19 in such capacity. 

20 (2) VERIFICATION PROCEDURES.—Such proce21 dures shall include use of—

22 (A) a phone verification system which shall 

23 be established by the Secretary, or 

24 (B) a card-reader device approved by the 

25 Secretary as capable of reading the electronic 
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1 identification strip borne by the card so as to 

2 verify the identity of the card holder and the 

3 card holder’s authorization to work. 

4 (3) ACCESS TO DATABASE.—The Secretary 

5 shall ensure that, by means of such procedures, the 

6 employer will have such access to the Employment 

7 Eligibility Database maintained by the Secretary as 

8 to enable the employer to obtain information, relat9 ing to the citizenship, residency, and work eligibility 

10 of the individual seeking employment by the em11 ployer in any capacity, which is necessary to inform 

12 the employer as to whether the individual is author13 ized to work for the employer in the United States 

14 in such capacity. 

15 (c) EFFECTIVE DATE.—The requirements of this sec16 tion shall apply with respect to the employment of any 

17 individual in any capacity commencing after 2 years after 

18 the date of the enactment of this Act. 

19 SEC. 6. ENFORCEMENT. 

20 (a) CIVIL PENALTIES.—The Secretary may assess a 

21 penalty, payable to the Secretary, against any employer 

22 who—

23 (1) hires an individual for employment in the 

24 United States in any capacity who is known by the 
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1 employer not to be authorized to work in the United 

2 States in such capacity, or 

3 (2) fails to comply with the procedures pre4 scribed by the Secretary pursuant to section 5 in 

5 connection with the employment of any individual. 

6 Such penalty shall not exceed $50,000 for each occurrence 

7 of a violation described in paragraph (1) or (2) with re8 spect to the individual, plus, in the event of the removal 

9 or deportation of such individual from the United States 

10 based on findings developed in connection with the assess11 ment or collection of such penalty, the costs incurred by 

12 the Federal Government in connection with such removal 

13 or deportation. 

14 (b) ACTIONS BY THE SECRETARY.—If any person is 

15 assessed under subsection (a) and fails to pay the assess16 ment when due, or any person otherwise fails to meet any 

17 requirement of this Act, the Secretary may bring a civil 

18 action in any district court of the United States within 

19 the jurisdiction of which such person’s assets are located 

20 or in which such person resides or is found for the recov21 ery of the amount of the assessment or for appropriate 

22 equitable relief to redress the violation or enforce the pro23 visions of this section, and process may be served in any 

24 other district. The district courts of the United States 

25 shall have jurisdiction over actions brought under this sec-
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1 tion by the Secretary without regard to the amount in con2 troversy. 

3 (c) CRIMINAL PENALTY.—Any person who—

4 (1) hires for employment any individual in the 

5 United States in any capacity who such person 

6 knows not to be authorized to work in the United 

7 States in such capacity, or 

8 (2) hires for employment any individual in the 

9 United States and fails to comply with the proce10 dures prescribed by the Secretary pursuant to sec11 tion 5(b) in connection with the hiring of such indi12 vidual, 

13 shall upon conviction be fined in accordance with title 18, 

14 United States Code, or imprisoned for not more than 5 

15 years, or both. 

16 SEC. 7. AUTHORIZATIONS OF APPROPRIATIONS. 

17 (a) DEPARTMENT OF HOMELAND SECURITY.—There 

18 are authorized to be appropriated to the Department of 

19 Homeland Security for each fiscal year beginning on or 

20 after October 1, 2004, such sums as are necessary to carry 

21 out the provisions of this Act, including not to exceed 

22 $100,000,000 to enforce the provisions of this Act. 

23 (b) SOCIAL SECURITY ADMINISTRATION.—There are 

24 authorized to be appropriated to the Social Security Ad25 ministration for each fiscal year beginning on or after Oc-
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1 tober 1, 2004, such sums as are necessary to carry out 

2 the amendments made by section 3. 

3 SEC. 8. INTEGRATION OF FINGERPRINTING DATABASES. 

4 The Secretary of Homeland Security and the Attor5 ney General of the United States shall jointly undertake 

6 to integrate the border-patrol fingerprinting identification 

7 system maintained by the Department of Homeland Secu8 rity with the fingerprint database maintained by the Fed9 eral Bureau of Investigation. The integration of databases 

10 pursuant to this section shall be completed not later than 

11 2 years after the date of the enactment of this Act. 

12 SEC. 9. ADDITIONAL AUTHORIZATION FOR HIRING OF BOR13 DER PATROL AGENTS. 

14 In addition to such sums as are otherwise authorized, 

15 there is authorized to be appropriated to the Department 

16 of Homeland Security for each fiscal year beginning on 

17 or after October 1, 2004, $50,000,000 for employment of 

18 border patrol agents. 

19 SEC. 10. RULE OF CONSTRUCTION. 

20 Nothing in this Act shall be construed to establish 

21 a national identification card, and it is the policy of the 

22 United States that the Social Security card shall not be 

23 used as a national identification card.

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