S.Amdt. 1953

1. Adds SEC. 716. CLARIFYING AMENDMENTS REGARDING THE USE OF SOCIAL SECURITY CARDS on page 685, line 17

   Adds a sectionPrinted page

   Inserted: SEC. 716. CLARIFYING AMENDMENTS REGARDING THE USE OF SOCIAL SECURITY CARDS.

   Inserted: (a) Use of Social Security Cards to Establish Identity and Employment Authorization.--Section 274A of the Immigration and Nationality Act, as amended by section 302, is further amended--

   Inserted: (1) in subsection (c)(1)--

   Inserted: (A) in subparagraph (B)--

   Inserted: (i) in clause (ii)(III), by striking "; or" and inserting a semicolon;

   Inserted: (ii) in clause (iii), by striking the end period and inserting "; or"; and

   Inserted: (iii) by adding at the end the following:

   Inserted: "(iv) social security card (other than a card that specifies on its face that the card is not valid for establishing employment authorization in the United States) that bears a photograph and meets the standards established under section 716(d) of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007, upon the recommendation of the Secretary of Homeland Security, in consultation with the Commissioner of Social Security, pursuant to section 716(f)(1) of such Act."; and

   Inserted: (B) in subparagraph (D)(i), by striking "may" and inserting "shall, not later than the date on which the report described in section 716(f)(1) of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007, is submitted,"; and

   Inserted: (2) in subsection (d)(9)(B)(v)(I), by striking "as specified in (D)" and inserting "as specified in subparagraph (D), including photographs and any other biometric information as may be required".

   Inserted: (b) Access to Social Security Card Information.--Section 205(c)(2)(I)(i) of the Social Security Act, as added by section 308, is further amended by inserting at the end of the flush text at the end the following new sentence: "As part of the employment eligibility verification system established under section 274A of the Immigration and Nationality Act, the Commissioner of Social Security shall provide to the Secretary of Homeland Security access to any photograph, other feature, or information included in the social security card."

   Inserted: (c) Increasing Security and Integrity of Social Security Cards.--Notwithstanding any other provision of this Act, section 305 of this Act is repealed.

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   Inserted: (d) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant Social Security Cards.--

   Inserted: (1) Issuance.--Not later than first day of the second fiscal year in which amounts are appropriated pursuant to the authorization of appropriations in subsection (g), the Commissioner of Social Security shall begin to administer and issue fraud-resistant, tamper-resistant, and wear-resistant social security cards displaying a photograph.

   Inserted: (2) Interim.--Not later than the first day of the seventh fiscal year in which amounts are appropriated pursuant to the authorization of appropriations in subsection (g), the Commissioner of Social Security shall issue only fraud-resistant, tamper-resistant, and wear-resistant social security cards displaying a photograph.

   Inserted: (3) Completion.--Not later than the first day of the tenth fiscal year in which amounts are appropriated pursuant to the authorization of appropriations in subsection (g), all social security cards that are not fraud-resistant, tamper-resistant, and wear-resistant shall be invalid for establishing employment authorization for any individual 16 years of age or older.

   Inserted: (4) Exemption.--Nothing in this section shall require an individual under the age of 16 years to be issued or to present for any purpose a social security card described in this subsection. Nothing in this section shall prohibit the Commissioner of Social Security from issuing a social security card not meeting the requirements of this subsection to an individual under the age of 16 years who otherwise meets the eligibility requirements for a social security card.

   Inserted: (e) Additional Duties of the Social Security Administration.--In accordance with the responsibilities of the Commissioner of Social Security under section 205(c)(2)(I) of the Social Security Act, as added by section 308, the Commissioner--

   Inserted: (1) shall issue a social security card to an individual at the time of the issuance of a social security account number to such individual, which card shall--

   Inserted: (A) contain such security and identification features as determined by the Secretary of Homeland Security, in consultation with the Commissioner; and

   Inserted: (B) be fraud-resistant, tamper-resistant, and wear-resistant;

   Inserted: (2) in consultation with the Secretary of Homeland Security, shall issue regulations specifying such particular security and identification features, renewal requirements (including updated photographs), and standards for the social security card as necessary to be acceptable for purposes of establishing identity and employment authorization under the immigration laws of the United States; and

   Inserted: (3) may not issue a replacement social security card to any individual unless the Commissioner determines that the purpose for requiring the issuance of the replacement document is legitimate.

   Inserted: (f) Reporting Requirements.--

   Inserted: (1) Report on the use of identification documents.--Not later than the first day of the tenth fiscal year in which amounts are appropriated pursuant to the authorization of appropriations in subsection (g), the Secretary of Homeland Security shall submit to Congress a report recommending which documents, if any, among those described in section 274A(c)(1) of the Immigration and Nationality Act, should continue to be used to establish identity and employment authorization in the United States.

   Inserted: (2) Report on implementation.--Not later than 12 months after the date on which the Commissioner begins to administer and issue fraud-resistant, tamper-resistant, and wear-resistant cards under subsection (d)(1), and annually thereafter, the Commissioner shall submit to Congress a report on the implementation of this section. The report shall include analyses of the amounts needed to be appropriated to implement this section, and of any measures taken to protect the privacy of individuals who hold social security cards described in this section.

   Inserted: (g) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section and the amendments made by this section.

   Original wording

   On page 685, after line 17, insert the following:

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As printed