Social Security for Americans Only Act of 2005

        [Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 858 Introduced in House (IH)]

109th CONGRESS
1st Session
H. R. 858

To amend title II of the Social Security Act and the Internal Revenue
Code of 1986 to provide prospectively that wages earned, and self-
employment income derived, by individuals who are not citizens or
nationals of the United States shall not be credited for coverage under
the old-age, survivors, and disability insurance program under such
title, and to provide the President with authority to enter into
agreements with other nations taking into account such limitation on
crediting of wages and self-employment income.

_______________________________________________________________________

IN THE HOUSE OF REPRESENTATIVES

February 16, 2005

Mr. Paul (for himself, Mr. Bartlett of Maryland, Mr. Duncan, Mr.
Garrett of New Jersey, Mr. Goode, Mr. McCotter, and Mr. Wamp)
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 and the Internal Revenue
Code of 1986 to provide prospectively that wages earned, and self-
employment income derived, by individuals who are not citizens or
nationals of the United States shall not be credited for coverage under
the old-age, survivors, and disability insurance program under such
title, and to provide the President with authority to enter into
agreements with other nations taking into account such limitation on
crediting of wages and self-employment income.

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 ``Social Security for Americans Only
Act of 2005''.

SEC. 2. LIMITATIONS ON COVERAGE OF INDIVIDUALS BASED ON EARNINGS OF
INDIVIDUALS WHO ARE NOT CITIZENS OR NATIONALS OF THE
UNITED STATES.

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--
``(A) any wages paid to such individual after December 31,
2005, while such individual is not a citizen or national of the
United States, or
``(B) any self-employment income derived by such individual
during any taxable year beginning after December 31, 2005,
while such individual is not a citizen or national of the
United States.''.

SEC. 3. REVISION OF AUTHORIZATION FOR TOTALIZATION AGREEMENTS.

(a) In General.--Section 233 of the Social Security Act (42 U.S.C.
433) is amended to read as follows:

``international agreements

``Sec. 233. The President is authorized to enter into agreements
(subject to the other provisions of this title and of chapters 2 and 21
of the Internal Revenue Code of 1986) establishing arrangements between
the United States and any foreign country for the purpose of resolving
questions of entitlement to, and participation in, the social security
system established by this title and the social security system of such
foreign country. Any such agreement shall take into account the
limitations on the crediting of wages and self-employment income under
section 215(e)(2).''.
(b) Effective Date; Termination of Existing Agreements.--The
amendment made by subsection (a) shall apply with respect to agreements
taking effect after the date of the enactment of this Act. Any
agreement in effect on such date which was entered into under section
233 of the Social Security Act (as in effect immediately before such
date of enactment) shall terminate on December 31, 2005 (or as provided
in such agreement, if earlier).
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