[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1438 Introduced in House (IH)]






109th CONGRESS
  1st Session
                                H. R. 1438

To amend title II of the Social Security Act to exclude from creditable 
 wages and self-employment income wages earned for services by aliens 
  illegally performed in the United States and self-employment income 
  derived from a trade or business illegally conducted in the United 
                                States.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 17, 2005

Mr. Rohrabacher (for himself, Mr. Tancredo, Mr. Cunningham, Mr. Goode, 
 Mr. Sullivan, and Mr. Garrett of New Jersey) 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 exclude from creditable 
 wages and self-employment income wages earned for services by aliens 
  illegally performed in the United States and self-employment income 
  derived from a trade or business illegally conducted in the United 
                                States.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``No Social Security for Illegal 
Immigrants Act of 2005''.

SEC. 2. EXCLUSION OF UNAUTHORIZED EMPLOYMENT FROM EMPLOYMENT UPON WHICH 
              CREDITABLE WAGES MAY BE BASED.

    Section 210(a)(19) of the Social Security Act (42 U.S.C. 
410(a)(19)) is amended--
            (1) by striking ``(19) Service'' and inserting the 
        following:
            ``(19)(A) Service performed by an alien while employed in 
        the United States for any period during which the alien is not 
        authorized to be so employed.
            ``(B) Service''.

SEC. 3. EXCLUSION OF UNAUTHORIZED FUNCTIONS AND SERVICES FROM TRADE OR 
              BUSINESS FROM WHICH CREDITABLE SELF-EMPLOYMENT INCOME MAY 
              BE DERIVED.

    Section 211(c) of the Social Security Act (42 U.S.C. 411(c)) is 
amended by inserting after paragraph (6) the following new paragraph:
            ``(7) The performance of a function or service in the 
        United States by an alien during any period for which the alien 
        is not authorized to perform such function or service in the 
        United States.''.

SEC. 4. EFFECTIVE DATE.

    The amendments made by this Act shall apply with respect to wages 
earned, 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.
                                 <all>