I 
110TH 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 4, 2007 
Mr. DREIER (for himself, Mr. REYES, Mr. ISSA, Mr. CALVERT, and Mr. 
BILBRAY) introduced the following bill; which was referred to the Com-
mittee 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 consider-
ation 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 unau-
thorized aliens through the use of improved Social Secu-
rity cards and an Employment Eligibility Database, and 
for other purposes. 
Be it enacted by the Senate and House of Representa-
tives 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 2007’’. 
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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 ter-
rorists 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 un-
dermines 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 iden-
tity documents of prospective employees in order to 
verify their work eligibility. 
(7) Pilot programs undertaken by the Federal 
Government demonstrate that a nationwide employ-
ment verification system is feasible. 
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(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 de-
fenses against fraudulent use would serve as the best 
vehicle by which to determine employment eligibility. 
(11) The Social Security card should not be-
come a national identification card. 
SEC. 3. AMENDMENTS TO THE SOCIAL SECURITY ACT RE-
LATING TO IDENTIFICATION OF INDIVID-
UALS. 
(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 sub-
paragraph 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 con-
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sultation 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 Em-
ployment Eligibility Database established by such Sec-
retary 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 pre-
vent 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 identifica-
tion.’. 
‘‘(iv) The Commissioner shall provide for the issuance 
(or reissuance) to each individual who— 
‘‘(I) has been assigned a Social Security ac-
count 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 employ-
ment, and 
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‘‘(III) files application for such card under this 
clause in such form and manner as shall be pre-
scribed by the Commissioner, 
a Social Security card which meets the preceding require-
ments 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 ef-
fort 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 SEC-
RETARY 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 individ-
ual’s application for such number or such card as such 
Secretary determines necessary and appropriate for ad-
ministration of the Illegal Immigration Enforcement and 
Social Security Protection Act of 2007. Such information 
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shall be used solely for inclusion in the Employment Eligi-
bility 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 ac-
count 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 Secu-
rity shall establish and maintain an Employment Eligi-
bility Database. The Database shall include data com-
prised 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 in-
formation obtained from the Commissioner of Social Secu-
rity pursuant to section 205(c)(2)(I) of the Social Security 
Act. The Secretary shall maintain ongoing consultations 
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with the Commissioner to ensure efficient and effective op-
eration of the Database. 
(b) INCORPORATION
OF
ONGOING
PILOT
PRO-
GRAMS.—To the extent that the Secretary determines ap-
propriate in furthering the purposes of subsection (a), the 
Secretary may incorporate the information, processes, and 
procedures employed in connection with the Citizen Attes-
tation Verification Pilot Program and the Basic Pilot Pro-
gram 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 ac-
cess to any information contained in the Database 
for any purpose other than— 
(A) the establishment of a system of 
records necessary for the effective administra-
tion 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 re-
strict access to such information to officers and em-
ployees of the United States whose duties or respon-
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sibilities require access for the purposes described in 
paragraph (1). 
(3) OTHER SAFEGUARDS.—The Secretary shall 
provide such other safeguards as the Secretary de-
termines 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 unau-
thorized 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 Data-
base 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 COM-
MENCING WORK IN THE UNITED STATES. 
(a) REQUIREMENTS FOR EMPLOYERS AND EMPLOY-
EES.—Section 274A(a)(1) of the Immigration and Nation-
ality Act (8 U.S.C. 1324a(a)(1)) is amended to read as 
follows: 
‘‘(1) IN GENERAL.— 
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‘‘(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 Secu-
rity meeting the requirements of section 
205(c)(2)(G)(iii) of the Social Security 
Act; and 
‘‘(ii) displayed such card to the em-
ployer 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 pos-
session 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 indi-
vidual and that such individual is author-
ized to work in the United States in such 
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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 in-
dividual 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 Sec-
retary; 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 mini-
mal cost to the employer. 
‘‘(iii) SECURITY
AND
EFFECTIVE-
NESS.—The Secretary shall ensure that 
the phone verification system described in 
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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 Ille-
gal Immigration Enforcement and Social 
Security Protection Act of 2007 as to en-
able the employer to obtain information, 
relating to the citizenship, residency, and 
work eligibility of the individual seeking 
employment by the employer in any capac-
ity, which is necessary to inform the em-
ployer as to whether the individual is au-
thorized to work for the employer in the 
United States in such capacity. 
‘‘(v) DEFENSE.—An employer who es-
tablishes that the employer complied in 
good faith with the requirements of this 
subparagraph shall not be liable for hiring 
an unauthorized alien, if— 
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