Be it enacted by the Senate and House of Representa-
tives 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 sub-
paragraph (B)(ii) shall— 
‘‘(I) be made of tamper proof and wear-resist-
ant material, 
‘‘(II) be designed, with such security features 
and under such methods as shall be determined by 
the Commissioner, to prevent (to the maximum ex-
tent practicable) tampering, counterfeiting, or dupli-
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cation 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 Ad-
ministration acting in his or her official capacity, of 
the person to whom the social security account num-
ber 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 bio-
metric 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 secu-
rity card under clause (i) of this subparagraph to an indi-
vidual described in subparagraph (B)(ii). Fees charged 
under this clause shall be in amounts not greater than 
amounts necessary to meet the administrative costs attrib-
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utable to the requirements of clause (ii) of this subpara-
graph. Amounts received by the Commissioner under this 
clause shall be deposited in the Federal Old-Age and Sur-
vivors 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 Secu-
rity 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: 
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‘‘(2) For purposes of subsections (b) and (d), in com-
puting 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 indi-
vidual 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 na-
tional 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 recom-
pute all primary insurance amounts to the extent nec-
essary 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)), 
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as amended by section 1(a) of this Act, is amend-
ed— 
(A) by striking ‘‘and’’ at the end of sub-
clause (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 
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