140 
of Homeland Security (hereafter ‘the Secretary’) for entry 
into or departure from the United States at any land, sea 
or air port of entry, is prohibited. 
‘‘(2) The use by any alien of any travel or identifica-
tion document designated as insecure by the Secretary to 
identify such aliens for purposes of transportation of per-
sons by public or private conveyance in interstate com-
merce is prohibited. 
‘‘(3) The Secretary may waive the prohibition in 
paragraph (1) for citizens and legal permanent residents 
of the United States whose identity has been verified by 
a designation or endorsement of such status on the identi-
fication document by a state or federal government agen-
cy.’’; and 
(2) in subsection (c), by adding at the end the 
following: ‘‘The term ‘insecure travel or identifica-
tion document’ as used in this section means a driv-
ers license or identification card issued by a state or 
any political subdivision thereof, or by a consular 
representative or agent of a foreign government in 
the United States, which appears on a list estab-
lished and maintained by the Secretary of docu-
ments which the Secretary has determined may be 
issued to an alien who, on the date of issuance of 
such document, is unlawfully present in the United
141 
States after the expiration of the period of stay au-
thorized by the Secretary or is present in the United 
States without being admitted or paroled.’’. 
(b) EFFECTIVE DATES.— 
(1) The Secretary shall issue the list of insecure 
documents described in section 215(c) of the Immi-
gration and Nationality Act, as amended by sub-
section (a), not later than 60 days after the date of 
the enactment of this Act. Such list shall be updated 
semiannually thereafter, or upon application by any 
State or foreign government that has demonstrated 
to the satisfaction of the Secretary that a travel or 
identification document issued by such government 
is no longer insecure. 
(2) Section 215(g)(1) of such Act, as so amend-
ed, shall take effect 60 days after issuance of such 
list of insecure documents by the Secretary. 
(3) Section 215(g)(2) of such Act, as so amend-
ed, shall take effect 90 days after the date of the en-
actment of this Act. 
SEC. 502. SOCIAL SECURITY CARDS. 
(a) IMPROVEMENTS TO CARD.— 
(1) IN GENERAL.—For purposes of carrying out 
section 274A of the Immigration and Nationality 
Act, the Commissioner of Social Security (in this
142 
section referred to as the ‘‘Commissioner’’) shall 
make such improvements to the physical design, 
technical specifications, and materials of the social 
security account number card as are necessary to 
ensure that it is a genuine official document and 
that it offers the best possible security against coun-
terfeiting, forgery, alteration, and misuse. 
(2) PERFORMANCE
STANDARDS.—In making 
the improvements required in paragraph (1), the 
Commissioner shall— 
(A) make the card as secure against coun-
terfeiting as the 100 dollar Federal Reserve 
note, with a rate of counterfeit detection com-
parable to the 100 dollar Federal Reserve note; 
and 
(B) make the card as secure against fraud-
ulent use as a United States passport. 
(3) DEFINITION.—In this section, the term ‘‘se-
cured social security account number card’’ means a 
social security account number card issued in ac-
cordance with the requirements of this paragraph. 
(4) EFFECTIVE DATE.—All social security ac-
count number cards issued after January 1, 2008, 
whether new or replacement, shall be secured social 
security account number cards.
143 
(b) NOT
A NATIONAL IDENTIFICATION CARD.— 
Cards issued pursuant to this section shall not be required 
to be carried upon one’s person, and nothing in this sec-
tion shall be construed as authorizing the establishment 
of a national identification card. 
(c) EDUCATION
CAMPAIGN.—The Secretary of 
Homeland Security, in consultation with the Commis-
sioner of Social Security, shall conduct a comprehensive 
campaign to educate employers about the security features 
of the secured social security card and how to detect coun-
terfeit or fraudulently used social security account number 
cards. 
(d) ANNUAL REPORTS.—The Commissioner of Social 
Security shall submit to Congress by July 1 of each year 
a report on— 
(1) the progress and status of developing a se-
cured social security account number card under this 
section; 
(2) the incidence of counterfeit production and 
fraudulent use of social security account number 
cards; and 
(3) the steps being taken to detect and prevent 
such counterfeiting and fraud. 
(e) GAO ANNUAL AUDITS.—The Comptroller Gen-
eral of the United States shall perform an annual audit,
144 
the results of which are to be presented to the Congress 
by January 1 of each of the 5 years following the date 
of the enactment of the Securing America’s Future 
through Enforcement Reform Act of 2005, on the per-
formance of the Social Security Administration in meeting 
the requirements in paragraph (1). 
(f) EXPENSES.—No costs incurred in developing and 
issuing cards under this section that are above the costs 
that would have been incurred for cards issued in the ab-
sence of this section shall be paid for out of any trust 
fund established under the Social Security Act. There are 
authorized to be appropriated such sums as may be nec-
essary to carry out this section. 
SEC. 503. CONSULAR IDENTIFICATION DOCUMENTS. 
(a) ACCEPTANCE OF FOREIGN IDENTIFICATION DOC-
UMENTS.— 
(1) IN GENERAL.—No agency, commission, en-
tity, or agent of the executive or legislative branches 
of the federal government may accept, acknowledge, 
recognize, or rely on for purposes of personal identi-
fication any identification document issued by a for-
eign government, unless otherwise mandated by Fed-
eral law. 
(A) For purposes of this section, an agent 
shall include:
145 
(i) a Federal contractor or grantee; 
(ii) a financial institution that is a 
member of the Federal Reserve System, 
described in 12 U.S.C. 321; or 
(iii) an institution exempted from 
Federal income taxation described in 26 
U.S.C. 501. 
(2) EXCEPTIONS.— 
(A) A person who is not a citizen of the 
United States may present for personal identi-
fication purposes an official identification docu-
ment issued by a foreign government, or other 
foreign identification document recognized by 
treaty, if— 
(i) such noncitizen also simultaneously 
presents valid verifiable documentation of 
lawful presence in the United States issued 
by an agency of the Federal Government; 
(ii) reporting a violation of law; or 
(iii) such use is expressly permitted by 
Federal law. 
(B) The provisions of paragraph (1) shall 
not apply to inspections of alien applicants for 
admission to the United States, nor to
146 
verification of personal identification outside 
the United States. 
(3) LISTING
OF
ACCEPTABLE
DOCUMENTS.— 
The United States Department of Homeland Secu-
rity shall issue, maintain in printed and electronic 
media, and disseminate to the public at no cost an 
updated listing, compiled in consultation with the 
United States Department of State, and including 
sample facsimiles, of all acceptable federal docu-
ments that satisfy the requirements of paragraph 
(2)(A). Such listing may, at the discretion of the 
Secretary of Homeland Security, include a similar 
listing of documents establishing employment au-
thorization or identity under section 274A(b) of the 
Immigration 
and 
Nationality 
Act 
(8 
U.S.C. 
1324a(b)). 
(b) Section 274C of the Immigration and Nationality 
Act (8 U.S.C. 1324c) is amended— 
(1) in subsection (a)— 
(A) by redesignating paragraph (6) as 
paragraph (7); and 
(B) by inserting after paragraph (5) the 
following: 
‘‘(6) to use to establish personal identity, before 
any agent of the Federal Government, or before any
147 
agency of the Federal Government or of a State or 
any political subdivision therein, a travel or identi-
fication document issued by a foreign government 
that is not accepted by the Secretary of Homeland 
Security to establish personal identity for purposes 
of admission to the United States at a port of entry, 
except where a person who is not a citizen of the 
United States (A) simultaneously presents valid 
verifiable documentation of lawful presence in the 
United States issued by an agency of the Federal 
Government, or (B) is reporting a violation of law, 
or (C) such use is expressly permitted by Federal 
law.’’; and 
(2) in subsection (d)— 
(A) 
by 
redesignating 
paragraphs 
(2) 
though (7) as paragraphs (3) through (8), re-
spectively; and 
(B) by inserting after paragraph (1) the 
following: 
‘‘(2) Every complete complaint of a violation 
described in subsection (a) that has been filed by an 
entity described in subsection (b), or by a private 
party aggrieved by such violation, shall be promptly 
investigated. The Secretary of Homeland Security 
shall issue a cease and desist order with money pen-
148 
alty in each case determined after investigation to 
constitute a violation under subsection (a).’’. 
(c) QUALIFIED IMMUNITY.—Actions taken in viola-
tion of subsections (a) of this section, or section 274C of 
the Immigration and Nationality Act (8 U.S.C. 1324c), 
as amended by subsection (b), shall be deemed outside the 
official capacity of the elected official or officer, employee, 
or agent of a Federal agency so acting. 
Subtitle B—Employment Eligibility 
Verification 
SEC. 511. EMPLOYMENT ELIGIBILITY VERIFICATION PROC-
ESS AND ELIMINATION OF EXAMINATION OF 
DOCUMENTATION REQUIREMENT. 
(a) IN GENERAL.—Section 274A (8 U.S.C. 1324a) 
is amended— 
(1) in subsection (a)(1)(A), by striking ‘‘for a 
fee’’; 
(2) in subsection (a)(3)— 
(A) by inserting ‘‘(A)’’ after ‘‘Defense.—’’; 
and 
(B) by adding at the end the following: 
‘‘(B) 
FAILURE
TO
SEEK
AND
OBTAIN 
VERIFICATION.—In the case of a hiring of an indi-
vidual for employment in the United States by a 
person or entity, the following requirements apply:
149 
‘‘(i) FAILURE TO SEEK VERIFICATION.— 
‘‘(I) IN GENERAL.—If the person or 
entity has not made an inquiry, under the 
mechanism established under subsection 
(b)(4), seeking verification of the identity, 
social security number, and work eligibility 
of the individual, by not later than the end 
of 3 working days (as specified by the Sec-
retary of Homeland Security) after the 
date of the hiring, the defense under sub-
paragraph (A) shall not be considered to 
apply with respect to any employment after 
such 3 working days, except as provided in 
subclause (II). 
‘‘(II) SPECIAL RULE FOR FAILURE OF 
VERIFICATION MECHANISM.—If such a per-
son or entity in good faith attempts to 
make an inquiry during such 3 working 
days in order to qualify for the defense 
under 
subparagraph 
(A) 
and 
the 
verification mechanism has registered that 
not all inquiries were responded to during 
such time, the person or entity can make 
an inquiry until the end of the first subse-
quent working day in which the verification
150 
mechanism registers no nonresponses and 
qualify for such defense. 
‘‘(ii) 
FAILURE
TO
OBTAIN 
VERIFICATION.—If the person or entity has 
made the inquiry described in clause (i)(I) but 
has not received an appropriate verification of 
such identity, number, and work eligibility 
under such mechanism within the time period 
specified under subsection (b)(4)(B) after the 
time the verification inquiry was received, the 
defense under subparagraph (A) shall not be 
considered to apply with respect to any employ-
ment after the end of such time period.’’; 
(3) in subsection (b)(1)— 
(A) by amending the paragraph heading to 
read as follows: 
‘‘(1) ATTESTATION.—’’; and 
(B) by amending subparagraph (A) to read 
as follows: 
‘‘(A) IN GENERAL.—The person or entity 
must attest, under penalty of perjury and on a 
form designated or established by the Secretary 
of Homeland Security by regulation, that it has 
verified that the individual is not an unauthor-
ized alien by obtaining from the individual the
151 
individual’s social security account number and 
recording the number on the form (if the indi-
vidual claims to have been issued such a num-
ber), and, if the individual does not attest to 
United States citizenship under paragraph (2), 
obtaining such identification or authorization 
number established by the Department of 
Homeland Security for the alien as the Sec-
retary may specify, and recording such number 
on the form.’’; 
(4) in subsection (b)(2), by adding at the end 
the following: ‘‘The individual must also provide that 
individual’s social security account number (if the 
individual claims to have been issued such a num-
ber), and, if the individual does not attest to United 
States citizenship under this paragraph, such identi-
fication or authorization number established by the 
Department of Homeland Security for the alien as 
the Secretary of Homeland Security may specify.’’; 
and 
(5) by amending subsection (b)(3) to read as 
follows: 
‘‘(3) RETENTION OF VERIFICATION FORM AND 
VERIFICATION.—