[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 115 Introduced in Senate (IS)]







111th CONGRESS
  1st Session
                                 S. 115

  To amend title II of the Social Security Act to provide that wages 
 earned, and self-employment income derived, by individuals while such 
  individuals were not citizens or nationals of the United States and 
were illegally in the United States shall not be credited for coverage 
 under the old-age, survivors, and disability insurance program under 
                              such title.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 6, 2009

  Mr. Vitter introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
  To amend title II of the Social Security Act to provide that wages 
 earned, and self-employment income derived, by individuals while such 
  individuals were not citizens or nationals of the United States and 
were illegally in the United States shall not be credited for coverage 
 under the old-age, survivors, and disability insurance program under 
                              such title.

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

SECTION 1. LIMITATIONS ON COVERAGE OF INDIVIDUALS BASED ON EARNINGS 
              PAID OR DERIVED BY INDIVIDUALS WHILE SUCH INDIVIDUALS 
              WERE NOT CITIZENS OR NATIONALS OF THE UNITED STATES AND 
              WERE ILLEGALLY IN THE UNITED STATES.

    (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.
                                 <all>