S.Amdt. 1847

1. Rewrites section 607

   Replaces

   In S. 1639 · Placed on Calendar Senate

   SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS [inserted: PRIOR TO ENUMERATION OR ]FOR [struck: PERIODS ][inserted: ANY PERIOD ]WITHOUT WORK AUTHORIZATION.

   (a) Insured Status.--Section 214 of the Social Security Act (42 U.S.C. 414) is amended by [struck: striking subsection (c) and inserting ][inserted: adding at the end, ]the following new subsections:

   Struck: "(c)(1) Except as provided in paragraph (2), for purposes of subsections (a) and (b), no quarter of coverage shall be credited for any calendar year beginning on or after January 1, 2004, with respect to an individual who is not a natural-born United States citizen, unless the Commissioner of Social Security determines, on the basis of information provided to the Commissioner in accordance with an agreement entered into under subsection (d) or otherwise, that the individual was authorized to be employed in the United States during such quarter.

   Struck: "(2) Paragraph (1) shall not apply to an individual who was assigned a social security account number prior to January 1, 2004.

   Struck: "(d) Not later than 180 days after the date of the enactment of this subsection, the Secretary of Homeland Security shall enter into an agreement with the Commissioner of Social Security to provide such information as the Commissioner determines necessary to carry out the limitation on crediting quarters of coverage under subsection (c).".

   Struck: (b) Benefit Computation.--Section 215(e) of the Social Security Act (42 U.S.C. 415(e)) is amended--

   Inserted: "(d)(1) Except as provided in paragraph (2)--

   Inserted: "(A) no quarter of coverage shall be credited for purposes of this section if, with respect to any individual who is assigned a social security account number on or after the date of enactment of the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007, such quarter of coverage is earned prior to the year in which such social security account number is assigned; and

   Inserted: "(B) no quarter of coverage shall be credited for purposes of this section for any calendar year, with respect to an individual who is not a natural-born United States citizen, unless the Commissioner of Social Security determines, on the basis of information provided to the Commissioner in accordance with an agreement entered into under subsection (e) or otherwise, that the individual was authorized to be employed in the United States during such quarter.

   Inserted: "(2) Paragraph (1) shall not apply with respect to any quarter of coverage earned by an individual who, at such time such quarter of coverage is earned, satisfies the criterion specified in subsection (c)(2).

   Inserted: "(e) Not later than 180 days after the date of the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007, the Secretary of Homeland Security shall enter into an agreement with the Commissioner of Social Security to provide such information as the Commissioner determines necessary to carry out the limitations on crediting quarters of coverage under subsection (d), however, this provision shall not be construed to establish an effective date for purposes of this section.

   Inserted: (b) Benefit Computation.--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[struck: , ][inserted: who is assigned a social security account number on or after the date of enactment of the Secure Borders, Economic Opportunity and Immigration Reform Act of 2007, ]there shall not be counted any wages or [struck: self- employment ][inserted: self-employment ]income for [struck: any year for ]which no quarter of coverage may be credited to such individual as a result of the application of section 214([struck: c][inserted: d]).".

   Struck: (c) Effective Date.--The amendments made by this section shall apply to benefit applications filed on or after the date that is 180 days after the date of the enactment of this Act based on the wages or self-employment income of an individual with respect to whom a primary insurance amount has not been determined under title II of the Social Security Act (42 U.S.C. 401 et seq.) before such date.

   Inserted: (c) Effective Date.--The amendments made by this section shall be effective as of the date of enactment of this Act.

   Original wording

   Strike section 607 and insert the following:

Read automatically from the Congressional Record. Check the original before relying on it.

As printed