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.

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.

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.

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.

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.