[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4073 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 4073

    To amend title II of the Social Security Act to provide for the 
 issuance of Social Security cards with enhanced security features, to 
   provide that wages earned, and self-employment income derived, by 
 individuals while such individuals were not citizens or nationals of 
the United States and were illegally in the United States shall not be 
  credited for coverage under the old-age, survivors, and disability 
insurance program under such title, and to provide for the issuance of 
    Social Security cards to illegal aliens, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            November 5, 2007

  Mr. Carter introduced the following bill; which was referred to the 
                      Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To amend title II of the Social Security Act to provide for the 
 issuance of Social Security cards with enhanced security features, to 
   provide that wages earned, and self-employment income derived, by 
 individuals while such individuals were not citizens or nationals of 
the United States and were illegally in the United States shall not be 
  credited for coverage under the old-age, survivors, and disability 
insurance program under such title, and to provide for the issuance of 
    Social Security cards to illegal aliens, 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; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Non-Citizen 
Identification Act''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Creation of a new social security card.
Sec. 3. Denying benefits for work done illegally.
Sec. 4. Identifying illegal aliens.
Sec. 5. Educating the public.

SEC. 2. CREATION OF A NEW SOCIAL SECURITY CARD.

    (a) In General.--Section 205(c)(2)(G) of the Social Security Act 
(42 U.S.C. 402(c)(2)(G)) is amended--
            (1) by inserting ``(i)'' after ``(G)'';
            (2) by striking the 2nd sentence; and
            (3) by adding at the end the following new clauses:
    ``(ii) A social security card issued pursuant to clause (i) of this 
subparagraph to an individual described in subparagraph (B)(ii) shall--
            ``(I) be made of tamper proof and wear-resistant material,
            ``(II) be designed, with such security features and under 
        such methods as shall be determined by the Commissioner, to 
        prevent (to the maximum extent practicable) tampering, 
        counterfeiting, or duplication of the card for fraudulent 
        purposes and fraudulent use of the card,
            ``(III) be issued under such secure procedures as to 
        preclude the issuance of the card to persons who are ineligible 
        to receive the card,
            ``(IV) have clearly marked on its face, the name and social 
        security account number of the individual to whom the card is 
        issued,
            ``(V) display a digital image, captured directly by an 
        officer or employee of the Social Security Administration 
        acting in his or her official capacity, of the person to whom 
        the social security account number was issued and the date on 
        which that image was captured, and
            ``(VI) contain an encrypted, machine-readable electronic 
        record which shall include records of biometric identifiers 
        unique to the individual to whom the card is issued, including 
        a copy of the digitized facial image printed on the face of the 
        card.
    ``(iii) The Commissioner may charge a reasonable fee to the 
recipient as a condition for issuance of a social security card under 
clause (i) of this subparagraph to an individual described in 
subparagraph (B)(ii). Fees charged under this clause shall be in 
amounts not greater than amounts necessary to meet the administrative 
costs attributable to the requirements of clause (ii) of this 
subparagraph. Amounts received by the Commissioner under this clause 
shall be deposited in the Federal Old-Age and Survivors Insurance Trust 
Fund and shall be available for use by the Commissioner solely for 
purposes of meeting such requirements.
    ``(iv) The Commissioner may through a memorandum of understanding 
and a reimbursement of costs, delegate to the Secretary of Homeland 
Security the process of meeting the requirements of this paragraph by 
using the existing secure card manufacturing facilities and related 
systems used to produce the Permanent Resident Card and the B1/B2 
Visa.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
take effect 2 years after the date of the enactment of this Act.

SEC. 3. DENYING BENEFITS FOR WORK DONE ILLEGALLY.

    (a) In General.--Section 215(e) of the Social Security Act (42 
U.S.C. 415(e)) is amended--
            (1) by redesignating paragraphs (1) and (2) as 
        subparagraphs (A) and (B), respectively;
            (2) by inserting ``(1)'' after ``(e)''; and
            (3) by adding at the end the following new paragraph:
    ``(2) For purposes of subsections (b) and (d), in computing an 
individual's average indexed monthly earnings, or in the case of an 
individual whose primary insurance amount is computed under section 
215(a) as in effect prior to January 1979, average monthly wage, such 
individual shall not be credited with any wages paid to such 
individual, or any self-employment income derived by such individual, 
while such individual was not a citizen or national of the United 
States and was illegally in the United States.''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply with respect to wages paid, and self-employment income derived, 
before, on, or after the date of the enactment of this Act. 
Notwithstanding section 215(f)(1) of the Social Security Act (42 U.S.C. 
415(f)(1)), as soon as practicable after the date of the enactment of 
this Act, the Commissioner of Social Security shall recompute all 
primary insurance amounts to the extent necessary to carry out such 
amendments. Such amendments shall affect benefits only for months after 
the date of the enactment of this Act.

SEC. 4. IDENTIFYING ILLEGAL ALIENS.

    (a) Issuance of Social Security Cards.--
            (1) In general.--Section 205(c)(2)(G)(ii) of the Social 
        Security Act (42 U.S.C. 405(c)(2)(G)(ii)), as amended by 
        section 1(a) of this Act, is amended--
                    (A) by striking ``and'' at the end of subclause 
                (V);
                    (B) by striking the period at the end of subclause 
                (VI) and inserting ``, and''; and
                    (C) adding at the end the following:
                    ``(VII) if the individual claims to not be a 
                citizen or national of the United States and to be 
                illegally in the United States--
                            ``(aa) have clearly marked on its face the 
                        date of issuance of the card; and
                            ``(bb) be of a color different than the 
                        color of the cards so issued to individuals who 
                        have not made such claim.''.
            (2) Effective date.--The amendments made by paragraph (1) 
        of this subsection shall take effect immediately after the 
        amendments made by section 2(a) take effect.
    (b) Criminal Penalties.--
            (1) In general.--Section 208 of the Social Security Act (42 
        U.S.C. 408) is amended by adding at the end the following:
    ``(f)(1)(A) It shall be unlawful for an individual who has attained 
18 years of age, is not a citizen or national of the United States, and 
is illegally in the United States, to fail to possess a social security 
card issued to the individual pursuant to section 205(c)(2)(G)(i). The 
preceding sentence may be enforced only when the individual is lawfully 
detained for a suspected violation of another law.
    ``(B) It shall be a defense to a charge of having violated 
subparagraph (A) that the social security card of the defendant was at 
the place of residence of the defendant at the time of the alleged 
violation.
    ``(2) Whoever violates paragraph (1) shall--
    ``(A) in the case of the first violation by the person, be issued a 
warning; or
    ``(B) in the case of the second or subsequent violation by the 
person, be guilty of a Class A misdemeanor.''.
            (2) Effective date.--The amendment made by paragraph (1) of 
        this subsection shall apply to conduct engaged in 1 year or 
        more after the date the amendments made by subsection (a)(1) 
        take effect.

SEC. 5. EDUCATING THE PUBLIC.

    The Commissioner of Social Security shall plan and implement a 
campaign directed at educating the people of the United States about 
the new Social Security cards provided for in this Act, and the 
requirement that illegal alien adults have such a card.
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