July 19, 2007, 12:00 am ET - Amendment SA 2358 ruled out of order by the chair.
July 19, 2007, 12:00 am ET - Amendment SA 2358 proposed by Senator Stabenow to Amendment SA 2355.
July 19, 2007, 12:00 am ET - Point of order raised in Senate with respect to amendment SA 2358.
July 19, 2007, 9:45 pm ET - Motion to Waive CBA Stabenow Amdt. No 2358
Full Text of this Amendment
Strike all after line 1, page 1 and insert the following:
SEC. __X. PROHIBITION ON ILLEGAL ALIENS QUALIFYING FOR SOCIAL SECURITY BENEFITS AND PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO ENUMERATION OR FOR ANY PERIOD WITHOUT WORK AUTHORIZATION.
(a) Prohibition on Illegal Aliens Qualifying for Social Security Benefits.--
(1) IN GENERAL.--Nothing in this Act, or the amendments made by this Act, shall be construed to modify any provision of current law that prohibits illegal aliens from qualifying for Social Security benefits.
(2) ENFORCEMENT.--The Attorney General shall ensure that the prohibition on the receipt of Social Security by illegal aliens is strictly enforced.
(b) Preclusion of Social Security Credits Prior to Enumeration or for Any Period Without Work Authorization.--
(1) INSURED STATUS.--Section 214 of the Social Security Act (42 U.S.C. 414) is amended by adding at the end the following new subsections:
``(d)(1) Except as provided in paragraph (2)--
``(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 this Act, such quarter of coverage is earned prior to the year in which such social security account number is assigned; and
``(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 United States citizen if 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 not authorized to be employed in the United States during such quarter.
``(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).
``(e) Not later than 180 days after the date of this Act 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 cover under subsection, (d), however, this provision shall not be construed to establish an effective date for purposes of this section.''.
(2) BENEFIT COMPUTATION.--Section 215(e) of such Act (42 U.S.C. 4159e)) is amended --
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and inserting ``and''; and
(C) by adding at the end the following new paragraph:
``(3) in computing the average indexed monthly earnings of an individual who is assigned a social security account number on or after the date of enactment of this Act, there shall not be counted any wages or self-employment income for which no quarter of coverage may be credited to such individual as a result of the application of section 214(d).''.
(3) EFFECTIVE DATE.--The amendments made by this subsection shall be effective as of the date of enactment of this Act.
(As printed in the Congressional Record for the Senate on Jul 19, 2007.)