I 
109TH 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, 2005 
Mr. DREIER (for himself, Mr. BRADLEY of New Hampshire, Mr. SMITH of 
Texas, Mr. ISSA, Mr. TANCREDO, and Mr. REYES) introduced the fol-
lowing 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 the Workforce, for a period to be subsequently deter-
mined 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 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 2005’’.
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 em-
ployment of aliens and prevent the entry of terror-
ists 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.
(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-
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
‘‘(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 2005. Such information
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