What This Bill Does
This bill changes Social Security rules to exclude certain wages and business income from counting toward Social Security benefits. Specifically, it would not count wages earned by people not legally allowed to work in the United States or income from businesses operated illegally in the country.
Who It Affects
The bill directly affects the Social Security Administration (the federal agency that runs the Social Security program) and individuals who earned wages or ran businesses while not authorized to do so in the United States.
Key Provisions
- Service performed by someone not authorized to work in the United States would not count as creditable wages (work that counts toward Social Security benefits) (Sec. 2)
- Business functions or services performed by someone not authorized to perform that work in the United States would not count as creditable self-employment income (profit from owning a business that counts toward Social Security) (Sec. 3)
- The Commissioner of Social Security must recalculate all primary insurance amounts (the benefit amount a person receives) as soon as practicable to apply these new rules (Sec. 4)
What Changes
The Social Security Administration would treat certain wages and business income differently going forward. Benefits would only be affected for months after the law passes.
Important Definitions
None defined in bill text.
Effective Date
The changes apply to wages earned and self-employment income derived before, on, or after the date the bill becomes law. Benefits are affected only for months after the bill becomes law (Sec. 4).
I
118TH CONGRESS
1ST SESSION
H. R. 779
To amend title II of the Social Security Act to exclude from creditable
wages and self-employment income wages earned for services by aliens
illegally performed in the United States and self-employment income
derived from a trade or business illegally conducted in the United States.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 2, 2023
Mr. DUNCAN (for himself, Mr. OGLES, Mrs. HARSHBARGER, Mr. NORMAN,
Mr. BISHOP of North Carolina, Mr. ROSENDALE, Mr. BIGGS, Mrs.
LESKO, Mrs. MILLER of Illinois, Mr. GOSAR, Mr. PERRY, Mr. MOORE of
Alabama, Mr. CLINE, Mr. POSEY, Mr. ZINKE, Mr. MASSIE, and Mr. CAR-
TER of Georgia) 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 exclude
from creditable wages and self-employment income wages
earned for services by aliens illegally performed in the
United States and self-employment income derived from
a trade or business illegally conducted in the United
States.
Be it enacted by the Senate and House of Representa-
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tives of the United States of America in Congress assembled,
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•HR 779 IH
SECTION 1. SHORT TITLE.
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This Act may be cited as the ‘‘No Social Security for
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Illegal Aliens Act of 2023’’.
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SEC. 2. EXCLUSION OF UNAUTHORIZED EMPLOYMENT
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FROM EMPLOYMENT UPON WHICH CRED-
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ITABLE WAGES MAY BE BASED.
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Section 210(a)(19) of the Social Security Act (42
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U.S.C. 410(a)(19)) is amended by striking ‘‘(19) Service’’
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and inserting the following:
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‘‘(19)(A) Service performed by an alien while
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employed in the United States for any period during
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which the alien is not authorized to be so employed;
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‘‘(B) Service’’.
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SEC. 3. EXCLUSION OF UNAUTHORIZED FUNCTIONS AND
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SERVICES FROM TRADE OR BUSINESS FROM
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WHICH CREDITABLE SELF-EMPLOYMENT IN-
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COME MAY BE DERIVED.
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Section 211(c) of the Social Security Act (42 U.S.C.
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411(c)) is amended—
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(1) in paragraph (5), by striking ‘‘or’’ at the
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end;
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(2) in paragraph (6), by striking ‘‘him.’’ and in-
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serting ‘‘him; or’’; and
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(3) by inserting after paragraph (6) the fol-
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lowing new paragraph:
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•HR 779 IH
‘‘(7) The performance of a function or service
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in the United States by an alien during any period
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for which the alien is not authorized to perform such
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function or service in the United States.’’.
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SEC. 4. EFFECTIVE DATE.
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The amendments made by this Act shall apply with
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respect to wages earned, and self-employment income de-
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rived, before, on, or after the date of the enactment of
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this Act. Notwithstanding section 215(f)(1) of the Social
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Security Act (42 U.S.C. 415(f)(1)), as soon as practicable
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after the date of the enactment of this Act, the Commis-
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sioner of Social Security shall recompute all primary in-
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surance amounts to the extent necessary to carry out such
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amendments. Such amendments shall affect benefits only
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for months after the date of the enactment of this Act.
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Æ
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