[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5774 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 5774

To amend title II of the Social Security Act to prohibit the assignment 
   of social security account numbers to certain individuals seeking 
        employment in the United States, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            December 1, 2014

   Mr. Sam Johnson of Texas 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 prohibit the assignment 
   of social security account numbers to certain individuals seeking 
        employment in the United States, and for other purposes.

    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 Numbers and 
Benefits for Illegal Aliens Act of 2014''.

SEC. 2. PROHIBITION ON ASSIGNMENT OF SOCIAL SECURITY ACCOUNT NUMBERS TO 
              CERTAIN INDIVIDUALS SEEKING EMPLOYMENT IN THE UNITED 
              STATES.

    Section 205(c)(2)(B) of the Social Security Act (42 U.S.C. 
405(c)(2)(B)) is amended by adding at the end the following:
    ``(iv) Notwithstanding clause (i), the Commissioner of Social 
Security may not assign a social security account number to any 
individual who--
            ``(I) the Secretary of Homeland Security has determined has 
        been authorized to be employed in the United States in 
        accordance with the Department of Homeland Security memorandum 
        dated November 20, 2014 with the subject line `Exercising 
        Prosecutorial Discretion with Respect to Individuals Who Came 
        to the United States as Children and with Respect to Certain 
        Individuals Who Are the Parents of U.S. Citizens or Permanent 
        Residents'; and
            ``(II) would not be so authorized but for such Department 
        of Homeland Security memorandum.''.

SEC. 3. PROHIBITION ON PAYMENT OF TITLE II BENEFITS.

    (a) Fully Insured and Currently Insured Individuals.--Section 
214(c)(1) of the Social Security Act (42 U.S.C. 414(c)(1)) is amended 
by striking ``subclause (I) or (III) of section 205(c)(2)(B)(i)'' and 
inserting ``subclause (I) or (III) of clause (i) of section 
205(c)(2)(B) and clause (iv) of such section''.
    (b) Disability Benefits.--Section 223(a)(1)(C)(i) of the Social 
Security Act (42 U.S.C. 423(a)(1)(C)(i)) is amended by striking 
``subclause (I) or (III) of section 205(c)(2)(B)(i)'' and inserting 
``subclause (I) or (III) of clause (i) of section 205(c)(2)(B) and 
clause (iv) of such section''.

SEC. 4. DENIAL OF CREDIT TOWARD BENEFITS FOR EARNINGS FROM UNAUTHORIZED 
              WORK.

    (a) In General.--Section 214 of the Social Security Act (42 U.S.C. 
414) is amended by adding at the end the following:
    ``(d)(1) No quarters of coverage shall be credited for purposes of 
this section or section 223(a)(1)(A) for any calendar year in the case 
of any individual if--
            ``(A) on the last day of such year, such individual is not 
        a citizen or national of the United States, and
            ``(B) the Secretary of Homeland Security determines, 
        pursuant to paragraph (2), that such individual was not 
        authorized to be employed in the United States during any 
        portion of such calendar year.
    ``(2)(A) The Secretary of Homeland Security shall enter into an 
agreement with the Commissioner to provide, in a form and manner 
specified by the Commissioner, such information as the Commissioner 
determines necessary to carry out the limitations on crediting quarters 
of coverage for years under paragraph (1).
    ``(B) For the purpose of carrying out the Secretary's duties under 
subparagraph (A), the Secretary of Homeland Security shall, in 
consultation with the Commissioner, develop and maintain the following 
information:
            ``(i) The name, social security account number, and date of 
        birth of each individual who is authorized by the Secretary of 
        Homeland Security or the Secretary of State to be employed in 
        the United States.
            ``(ii) The date on which each such authorization is 
        granted.
            ``(iii) The date on which each such authorization is 
        revoked or terminated.
            ``(iv) The date of naturalization for each individual who 
        becomes a naturalized citizen of the United States.
    ``(C) The information provided to the Commissioner under 
subparagraph (A) relating to years in which an individual was not 
authorized to be employed in the United States during any portion of a 
year shall be the final determination of the Secretary of Homeland 
Security after an opportunity for review or appeal under procedures 
which shall be established by the Secretary of Homeland Security and 
shall not be reviewable by the Commissioner.
    ``(3) Paragraph (1) shall not apply with respect to an individual 
who was assigned a social security account number prior to the date of 
the enactment of the No Social Security Numbers and Benefits for 
Illegal Aliens Act of 2014.''.
    (b) Disregard of Earnings for Years for Which No Quarter of 
Coverage May Be Credited.--Section 215(e) of such Act (42 U.S.C. 
415(e)) is amended--
            (1) by striking ``and'' at the end of paragraph (1);
            (2) by striking the period at the end of paragraph (2) and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) in computing the average indexed monthly earnings of 
        an individual, there shall not be counted any annual wages or 
        self-employment income for any year for which no quarter of 
        coverage may be credited to such individual as a result of the 
        application of section 214(d)(1).''.
    (c) Transmission of Information From Commissioner to Secretary.--
Section 205(c)(2) of such Act (42 U.S.C. 405(c)(2)) is amended by 
adding at the end the following new subparagraph:
    ``(I) The Commissioner and the Secretary of Homeland Security shall 
enter into an agreement to establish a system to transmit to the 
Secretary of Homeland Security any social security account number 
assigned to an individual after the date of the enactment of the No 
Social Security Numbers and Benefits for Illegal Aliens Act of 2014, 
and other identifying information relating to such individual, in any 
case in which such individual is not a citizen or national of the 
United States at the time of the assignment of such number to such 
individual. The Secretary of Homeland Security shall incorporate such 
number and other identifying information into all records of the 
Department of Homeland Security maintained with respect to such 
individual.''.
    (d) Effective Dates.--
            (1) Section 214(d)(1) of the Social Security Act (added by 
        subsection (a)) shall be effective with respect to quarters of 
        coverage credited for calendar years commencing after the date 
        on which the Secretary of Homeland Security and the 
        Commissioner certify, by publication in the Federal Register, 
        that the system for developing and maintaining information 
        pursuant to section 214(d)(2)(B) of the Social Security Act 
        (added by subsection (a)) is operational.
            (2) The Commissioner of Social Security and the Secretary 
        of Homeland Security shall enter into the agreement described 
        in section 205(c)(2) of the Social Security Act (added by 
        subsection (c)) not later than 180 days after the date of the 
        enactment of this Act.
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