[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 98 Introduced in House (IH)]
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 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 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 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 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 2005. 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.
(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 2005 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 2006 through 2010.
SEC. 8. INCREASE IN PERSONNEL ENSURING COMPLIANCE WITH PROHIBITIONS ON
UNLAWFUL EMPLOYMENT OF ALIENS .
Beginning in fiscal year 2005, 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, 2005, 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, 2005, 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.
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