I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘No Social Security 

5 Numbers and Benefits for Illegal Aliens Act of 2014’’. 


emcdonald on DSK67QTVN1PROD with BILLS
2 

•HR 5774 IH

1 SEC. 2. PROHIBITION ON ASSIGNMENT OF SOCIAL SECU2 RITY ACCOUNT NUMBERS TO CERTAIN INDI3 VIDUALS SEEKING EMPLOYMENT IN THE 

4 UNITED STATES. 

5 Section 205(c)(2)(B) of the Social Security Act (42 

6 U.S.C. 405(c)(2)(B)) is amended by adding at the end the 

7 following: 

8 ‘‘(iv) Notwithstanding clause (i), the Commissioner of 

9 Social Security may not assign a social security account 

10 number to any individual who— 

11 ‘‘(I) the Secretary of Homeland Security has 

12 determined has been authorized to be employed in 

13 the United States in accordance with the Depart14 ment of Homeland Security memorandum dated No15 vember 20, 2014 with the subject line ‘Exercising 

16 Prosecutorial Discretion with Respect to Individuals 

17 Who Came to the United States as Children and 

18 with Respect to Certain Individuals Who Are the 

19 Parents of U.S. Citizens or Permanent Residents’; 

20 and 

21 ‘‘(II) would not be so authorized but for such 

22 Department of Homeland Security memorandum.’’. 

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

24 (a) FULLY INSURED AND CURRENTLY INSURED IN25 DIVIDUALS.—Section 214(c)(1) of the Social Security Act 

26 (42 U.S.C. 414(c)(1)) is amended by striking ‘‘subclause 


emcdonald on DSK67QTVN1PROD with BILLS
3 

•HR 5774 IH

1 (I) or (III) of section 205(c)(2)(B)(i)’’ and inserting ‘‘sub2 clause (I) or (III) of clause (i) of section 205(c)(2)(B) and 

3 clause (iv) of such section’’. 

4 (b) DISABILITY BENEFITS.—Section 223(a)(1)(C)(i) 

5 of the Social Security Act (42 U.S.C. 423(a)(1)(C)(i)) is 

6 amended by striking ‘‘subclause (I) or (III) of section 

7 205(c)(2)(B)(i)’’ and inserting ‘‘subclause (I) or (III) of 

8 clause (i) of section 205(c)(2)(B) and clause (iv) of such 

9 section’’. 

10 SEC. 4. DENIAL OF CREDIT TOWARD BENEFITS FOR EARN11 INGS FROM UNAUTHORIZED WORK. 

12 (a) IN GENERAL.—Section 214 of the Social Security 

13 Act (42 U.S.C. 414) is amended by adding at the end the 

14 following: 

15 ‘‘(d)(1) No quarters of coverage shall be credited for 

16 purposes of this section or section 223(a)(1)(A) for any 

17 calendar year in the case of any individual if— 

18 ‘‘(A) on the last day of such year, such indi19 vidual is not a citizen or national of the United 

20 States, and 

21 ‘‘(B) the Secretary of Homeland Security deter22 mines, pursuant to paragraph (2), that such indi23 vidual was not authorized to be employed in the 

24 United States during any portion of such calendar 

25 year. 


emcdonald on DSK67QTVN1PROD with BILLS
4 

•HR 5774 IH

1 ‘‘(2)(A) The Secretary of Homeland Security shall 

2 enter into an agreement with the Commissioner to provide, 

3 in a form and manner specified by the Commissioner, such 

4 information as the Commissioner determines necessary to 

5 carry out the limitations on crediting quarters of coverage 

6 for years under paragraph (1). 

7 ‘‘(B) For the purpose of carrying out the Secretary’s 

8 duties under subparagraph (A), the Secretary of Home9 land Security shall, in consultation with the Commis10 sioner, develop and maintain the following information: 

11 ‘‘(i) The name, social security account number, 

12 and date of birth of each individual who is author13 ized by the Secretary of Homeland Security or the 

14 Secretary of State to be employed in the United 

15 States. 

16 ‘‘(ii) The date on which each such authorization 

17 is granted. 

18 ‘‘(iii) The date on which each such authoriza19 tion is revoked or terminated. 

20 ‘‘(iv) The date of naturalization for each indi21 vidual who becomes a naturalized citizen of the 

22 United States. 

23 ‘‘(C) The information provided to the Commissioner 

24 under subparagraph (A) relating to years in which an indi25 vidual was not authorized to be employed in the United 


emcdonald on DSK67QTVN1PROD with BILLS
5 

•HR 5774 IH

1 States during any portion of a year shall be the final de2 termination of the Secretary of Homeland Security after 

3 an opportunity for review or appeal under procedures 

4 which shall be established by the Secretary of Homeland 

5 Security and shall not be reviewable by the Commissioner. 

6 ‘‘(3) Paragraph (1) shall not apply with respect to 

7 an individual who was assigned a social security account 

8 number prior to the date of the enactment of the No Social 

9 Security Numbers and Benefits for Illegal Aliens Act of 

10 2014.’’. 

11 (b) DISREGARD OF EARNINGS FOR YEARS FOR

12 WHICH NO QUARTER OF COVERAGE MAY BE CRED13 ITED.—Section 215(e) of such Act (42 U.S.C. 415(e)) is 

14 amended— 

15 (1) by striking ‘‘and’’ at the end of paragraph 

16 (1); 

17 (2) by striking the period at the end of para18 graph (2) and inserting ‘‘; and’’; and 

19 (3) by adding at the end the following new 

20 paragraph: 

21 ‘‘(3) in computing the average indexed monthly 

22 earnings of an individual, there shall not be counted 

23 any annual wages or self-employment income for any 

24 year for which no quarter of coverage may be credVerDate Sep 11 2014 03:03 Dec 02, 2014 Jkt 049200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5774.IH H5774

emcdonald on DSK67QTVN1PROD with BILLS
6 

•HR 5774 IH

1 ited to such individual as a result of the application 

2 of section 214(d)(1).’’. 

3 (c) TRANSMISSION OF INFORMATION FROM COMMIS4 SIONER TO SECRETARY.—Section 205(c)(2) of such Act 

5 (42 U.S.C. 405(c)(2)) is amended by adding at the end 

6 the following new subparagraph: 

7 ‘‘(I) The Commissioner and the Secretary of Home8 land Security shall enter into an agreement to establish 

9 a system to transmit to the Secretary of Homeland Secu10 rity any social security account number assigned to an in11 dividual after the date of the enactment of the No Social 

12 Security Numbers and Benefits for Illegal Aliens Act of 

13 2014, and other identifying information relating to such 

14 individual, in any case in which such individual is not a 

15 citizen or national of the United States at the time of the 

16 assignment of such number to such individual. The Sec17 retary of Homeland Security shall incorporate such num18 ber and other identifying information into all records of 

19 the Department of Homeland Security maintained with re20 spect to such individual.’’. 

21 (d) EFFECTIVE DATES.— 

22 (1) Section 214(d)(1) of the Social Security Act 

23 (added by subsection (a)) shall be effective with re24 spect to quarters of coverage credited for calendar 

25 years commencing after the date on which the SecVerDate Sep 11 2014 03:03 Dec 02, 2014 Jkt 049200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5774.IH H5774

emcdonald on DSK67QTVN1PROD with BILLS
7 

•HR 5774 IH

1 retary of Homeland Security and the Commissioner 

2 certify, by publication in the Federal Register, that 

3 the system for developing and maintaining informa4 tion pursuant to section 214(d)(2)(B) of the Social 

5 Security Act (added by subsection (a)) is oper6 ational. 

7 (2) The Commissioner of Social Security and 

8 the Secretary of Homeland Security shall enter into 

9 the agreement described in section 205(c)(2) of the 

10 Social Security Act (added by subsection (c)) not 

11 later than 180 days after the date of the enactment 

12 of this Act. 

Æ 


emcdonald on DSK67QTVN1PROD with BILLS