I 
112TH 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 5, 2011 
Mr. DREIER (for himself, Mr. REYES, Mr. BILBRAY, Mr. CALVERT, Mr. 
GALLEGLY, Mr. ISSA, Mr. MCCAUL, Mr. GARY G. MILLER of California, 
and Mrs. MYRICK) 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 the Workforce, 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 com-
mittee 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, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Illegal Immigration 
Enforcement and Social Security Protection Act of 2011’’. 
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. 
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(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 
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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 
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require access for the purposes described in para-
graph (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 2011 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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‘‘(I) such hiring occurred due to 
an error in the phone verification sys-
tem, the card-reader verification sys-
tem, 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 ‘‘Sec-
retary of Homeland Security’’; 
(B) by amending the matter preceding 
paragraph (2) to read as follows: 
‘‘(b) EMPLOYMENT VERIFICATION FORMS.— 
‘‘(1) EMPLOYER
ATTESTATION
OF
COMPLI-
ANCE.—The verification procedures prescribed under 
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subsection (a)(1)(B) shall include an attestation, 
made under penalty of perjury and on a form des-
ignated or established by the Secretary of Homeland 
Security by regulation, that the employer has com-
plied 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 sec-
tion: 
‘‘(A) The term ‘authorized to work in the 
United States’, when applied to an individual, 
means that the individual is not an unauthor-
ized alien. 
‘‘(B) The term ‘employer’ means— 
‘‘(i) any person or entity who hires an 
individual; or 
‘‘(ii) any individual earning self-em-
ployment 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)). 
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‘‘(D) The term ‘hire’ means to hire an in-
dividual, or to recruit or refer for a fee an indi-
vidual, 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 Immigra-
tion 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, pay-
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able to the Secretary, against any employer 
who— 
‘‘(i) hires an individual for employ-
ment 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 proce-
dures prescribed by the Secretary pursuant 
to this section in connection with the em-
ployment of any individual. 
‘‘(B) AMOUNT.—Such penalty shall not ex-
ceed $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 as-
sessment or collection of such penalty, the costs 
incurred by the Federal Government, cooper-
ating State and local governments, and State 
and local law enforcement agencies, in connec-
tion 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 
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to meet any requirement of this section, the Sec-
retary 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 equi-
table 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 pur-
suant to section 5(b) in connection with the hir-
ing 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’’. 
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(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 Secu-
rity is authorized to make grants for the purpose of im-
proving 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 2011 through 
2013. 
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SEC. 8. INCREASE IN PERSONNEL ENSURING COMPLIANCE 
WITH PROHIBITIONS ON UNLAWFUL EMPLOY-
MENT OF ALIENS. 
Beginning in fiscal year 2011, the Secretary of 
Homeland Security shall, subject to the availability of ap-
propriations 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 Na-
tionality 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 2010. 
SEC. 9. INTEGRATION OF FINGERPRINTING DATABASES. 
The Secretary of Homeland Security and the Attor-
ney 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 Investiga-
tion. 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.—Ex-
cept as otherwise provided in this Act, there are author-
ized to be appropriated to the Department of Homeland 
Security for each fiscal year beginning on or after October 
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