[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2065 Introduced in Senate (IS)]
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117th CONGRESS
1st Session
S. 2065
To amend title XVI of the Social Security Act to update eligibility for
the supplemental security income program, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
June 15, 2021
Mr. Brown (for himself, Mr. Sanders, Ms. Warren, Mr. Padilla, Ms.
Baldwin, Mr. Van Hollen, Mr. Markey, Mr. Booker, Ms. Duckworth, Ms.
Hirono, Mr. Blumenthal, Mrs. Murray, Mr. Wyden, Mr. Durbin, Mr.
Whitehouse, Mr. Menendez, Mr. Casey, and Ms. Smith) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To amend title XVI of the Social Security Act to update eligibility for
the supplemental security income program, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Supplemental
Security Income Restoration Act of 2021''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Update in eligibility for the supplemental security income
program.
Sec. 3. Update in supplemental security income benefit amounts and
repeal of marriage penalty.
Sec. 4. Support and maintenance furnished in kind not included as
income.
Sec. 5. Exclusion of retirement accounts from resources.
Sec. 6. Repeal of penalty for disposal of resources for less than fair
market value.
Sec. 7. Clarifying the treatment of certain State tax credits.
Sec. 8. Elimination of dedicated accounts for certain past-due
benefits.
Sec. 9. Elimination of installment payment requirement.
Sec. 10. Extension of period of exclusion of certain payments from
countable resources.
Sec. 11. Modification of rules to determine marital relationships.
Sec. 12. Effective date.
SEC. 2. UPDATE IN ELIGIBILITY FOR THE SUPPLEMENTAL SECURITY INCOME
PROGRAM.
(a) Update in General Income Exclusion.--Section 1612(b)(2)(A) of
the Social Security Act (42 U.S.C. 1382a(b)(2)(A)) is amended by
striking ``$240'' and inserting ``$1,536 (increased as described in
section 1617(d) for each calendar year after 2022)''.
(b) Update in Earned Income Exclusion.--Section 1612(b)(4) of such
Act (42 U.S.C. 1382a(b)(4)) is amended by striking ``$780'' each place
it appears and inserting ``$4,992 (increased as described in section
1617(d) for each calendar year after 2022)''.
(c) Update in Resource Limit for Individuals and Couples.--Section
1611(a)(3) of such Act (42 U.S.C. 1382(a)(3)) is amended--
(1) in subparagraph (A), by striking ``$2,250'' and all
that follows through the end of the subparagraph and inserting
``$20,000 in calendar year 2022, and shall be increased as
described in section 1617(d) for each subsequent calendar
year.''; and
(2) in subparagraph (B), by striking ``$1,500'' and all
that follows through the end of the subparagraph and inserting
``$10,000 in calendar year 2022, and shall be increased as
described in section 1617(d) for each subsequent calendar
year.''.
(d) Inflation Adjustment.--Section 1617 of such Act (42 U.S.C.
1382f) is amended--
(1) in the section heading, by inserting ``; inflation
adjustment'' after ``benefits''; and
(2) by adding at the end the following:
``(d) In the case of any calendar year after 2022, each of the
amounts specified in sections 1611(a)(3), 1612(b)(2)(A), and 1612(b)(4)
shall be increased by multiplying each such amount by the quotient (not
less than 1) obtained by dividing--
``(1) the average of the Consumer Price Index for Elderly
Consumers (CPI-E, as published by the Bureau of Labor
Statistics of the Department of Labor) for the 12-month period
ending with September of the preceding calendar year, by
``(2) such average for the 12-month period ending with
September 2021.''.
SEC. 3. UPDATE IN SUPPLEMENTAL SECURITY INCOME BENEFIT AMOUNTS AND
REPEAL OF MARRIAGE PENALTY.
(a) In General.--Section 1611(b) of the Social Security Act (42
U.S.C. 1382(b)) is amended--
(1) in paragraphs (1) and (2), by inserting ``through
calendar year 2021'' after ``any calendar year thereafter'';
and
(2) by adding at the end the following new paragraph:
``(3) The benefit under this title for calendar year 2022
and each calendar year thereafter shall be equal to--
``(A) for an individual who does not have an
eligible spouse, an amount equal to the poverty line
(as defined in section 2110(c)(5)) applicable to a
family of 1 for the calendar year involved; and
``(B) for an individual who has an eligible spouse,
an amount equal to twice the amount specified for the
calendar year involved under subparagraph (A),
reduced by the amount of income, not excluded pursuant to
section 1612(b), of such individual and (if applicable) such
eligible spouse.''.
(b) Conforming Amendments.--
(1) Section 1617(a)(1) of the Social Security Act (42
U.S.C. 1382f(a)(1)) is amended by striking ``, (a)(2)(A),
(b)(1), and (b)(2)'' and inserting ``and (a)(2)(A)''.
(2) Section 1619(a)(1) of such Act (42 U.S.C. 1382h(a)(1))
is amended by striking ``under section 1611(b)(1) (or, in the
case of an individual who has an eligible spouse, under section
1611(b)(2))'' and inserting ``under section 1611(b)(3)(A) (or,
in the case of an individual who has an eligible spouse, under
section 1611(b)(3)(B))''.
(3) Section 1621(b)(1)(B)(i) of such Act (42 U.S.C.
1382j(b)(1)(B)(i)) is amended by striking ``section
1611(b)(1)'' and inserting ``1611(b)(3)(A)''.
(4) Section 1903(f)(4)(C) of such Act (42 U.S.C.
1396b(f)(4)(C)) is amended by striking ``section 1611(b)(1)''
and inserting ``section 1611(b)(3)(A)''.
(5) Section 1915(h)(6)(A) of such Act (42 U.S.C.
1396n(h)(6)(A)) is amended by striking ``section 1611(b)(1)''
and inserting ``section 1611(b)(3)(A)''.
SEC. 4. SUPPORT AND MAINTENANCE FURNISHED IN KIND NOT INCLUDED AS
INCOME.
(a) In General.--Section 1612(a)(2) of such Act (42 U.S.C.
1382a(a)(2)) is amended--
(1) by inserting ``(other than support or maintenance
furnished in kind)'' after ``all other income''; and
(2) in subparagraph (A)--
(A) by striking ``or kind'';
(B) by striking clause (i) and redesignating
clauses (ii) and (iii) as clauses (i) and (ii),
respectively; and
(C) in clause (ii) (as so redesignated), by
striking ``and the provisions of clause (i) shall not
be applicable''.
(b) Conforming Amendments.--
(1) Section 1611(c) of such Act (42 U.S.C. 1382(c)) is
amended by striking paragraph (6) and redesignating paragraphs
(7) through (10) as paragraphs (6) through (9), respectively.
(2) Section 1612(a)(2) of such Act (42 U.S.C. 1382a(a)(2))
is amended--
(A) in subparagraph (F), by inserting ``and'' at
the end;
(B) in subparagraph (G), by striking ``; and'' and
inserting a period;
(C) by moving subparagraph (G) 2 ems to the right;
and
(D) by striking subparagraph (H).
(3) Section 1621(c) of such Act (42 U.S.C. 1382j(c)) is
amended to read as follows:
``(c) In determining the amount of income of an alien during the
period of 5 years after such alien's entry into the United States,
support or maintenance furnished in cash to the alien by such alien's
sponsor (to the extent that it reflects income or resources which were
taken into account in determining the amount of income and resources to
be deemed to the alien under subsection (a) or (b) of this section)
shall not be considered to be income of such alien under section
1612(a)(2)(A).''.
SEC. 5. EXCLUSION OF RETIREMENT ACCOUNTS FROM RESOURCES.
Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)) is
amended--
(1) in paragraph (16), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (17), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (17) the following new
paragraph:
``(18) any qualified retirement plan or eligible deferred
compensation plan (as such terms are defined in sections
4974(c) and 457(b), respectively, of the Internal Revenue Code
of 1986).''.
SEC. 6. REPEAL OF PENALTY FOR DISPOSAL OF RESOURCES FOR LESS THAN FAIR
MARKET VALUE.
Section 1613(c) of such Act (42 U.S.C. 1382b(c)) is amended to read
as follows:
``(c) Notification of Medicaid Policy Restricting Eligibility of
Institutionalized Individuals for Benefits Based on Disposal of
Resources for Less Than Fair Market Value.--
``(1) In general.--At the time an individual (and the
individual's eligible spouse, if any) applies for benefits
under this title, and at the time the eligibility of an
individual (and such spouse, if any) for such benefits is
redetermined, the Commissioner of Social Security shall--
``(A) inform such individual of the provisions of
section 1917(c) providing for a period of ineligibility
for benefits under title XIX for individuals who make
certain dispositions of resources for less than fair
market value, and inform such individual that
information obtained pursuant to subparagraph (B) will
be made available to the State agency administering a
State plan under title XIX (as provided in paragraph
(2)); and
``(B) obtain from such individual information which
may be used by the State agency in determining whether
or not a period of ineligibility for such benefits
would be required by reason of section 1917(c).
``(2) Provision of information to state medicaid
agencies.--The Commissioner of Social Security shall make the
information obtained under paragraph (1)(B) available, on
request, to any State agency administering a State plan
approved under title XIX.''.
SEC. 7. CLARIFYING THE TREATMENT OF CERTAIN STATE TAX CREDITS.
Title XVI of the Social Security Act (42 U.S.C. 1382a) is amended--
(1) in section 1612(b)(19), by striking ``and any payment''
and all that follows through ``credit)'' and inserting ``and
any refund of State income taxes made to such individual (or
such spouse) by reason of a State earned income tax credit (as
defined by the Secretary)''; and
(2) in section 1613(a)(11)--
(A) in subparagraph (A), by inserting ``, and any
refund of State income taxes made to such individual
(or such spouse) by reason of a State child tax credit
(as defined by the Secretary)'' before the semicolon;
and
(B) in subparagraph (B), by striking ``and any
payment'' and all that follows through ``credit)'' and
inserting ``and any refund of State income taxes made
to such individual (or such spouse) by reason of a
State earned income tax credit (as defined by the
Secretary)''.
SEC. 8. ELIMINATION OF DEDICATED ACCOUNTS FOR CERTAIN PAST-DUE
BENEFITS.
(a) In General.--Section 1631(a)(2) of the Social Security Act (42
U.S.C. 1383(a)(2)) is amended by striking subparagraph (F).
(b) Conforming Amendments.--
(1) Relating to payments and procedures.--Section
1631(a)(2) of the Social Security Act (42 U.S.C. 1383(a)(2)),
as amended by subsection (a), is amended--
(A) by redesignating subparagraphs (G), (H), and
(I) as subparagraphs (F), (G), and (H), respectively;
(B) in subparagraph (B)(vii)(I), by striking
``subparagraph (I)'' and inserting ``subparagraph
(H)'';
(C) in subparagraph (D)--
(i) in clause (i), by striking
``subparagraphs (E) and (F)'' and inserting
``subparagraph (E)''; and
(ii) in clause (ii), by striking
``subparagraph (I)'' and inserting
``subparagraph (H)'';
(D) in subparagraph (E), by striking ``subparagraph
(H)(ii)'' and inserting ``subparagraph (G)(ii)''; and
(E) in subparagraph (G)(i)(II), as redesignated by
subparagraph (A), by striking ``subparagraph (I)'' and
inserting ``subparagraph (H)''.
(2) Exclusions from income.--
(A) In general.--Section 1612(b) of the Social
Security Act is amended--
(i) by striking paragraph (21); and
(ii) by redesignating paragraphs (22)
through (26) as paragraphs (21) through (25),
respectively.
(B) Conforming amendment.--Section 1613(a)(17) of
such Act is amended by striking ``section 1612(b)(26)''
and inserting ``section 1612(b)(25)''.
(3) Exclusions from resources.--Section 1613(a) of the
Social Security Act, as amended by section 5, is amended--
(A) by striking paragraph (12); and
(B) by redesignating paragraphs (13) through (18)
as paragraphs (12) through (17), respectively.
(c) Treatment of Amounts Transferred From Dedicated Accounts.--
Amounts transferred from an account established on behalf of an
individual as described in section 1631(a)(2)(F) of the Social Security
Act (42 U.S.C. 1383(a)(2)(F)) (as in effect on the day before the date
of enactment of this Act) into another account of the individual as a
result of the amendments made by this section shall not be taken into
account as income or resources of such individual for purposes of
determining the eligibility of such individual or any other individual
for benefits or assistance, or the amount or extent of such benefits or
assistance, under title XVI of the Social Security Act (42 U.S.C. 1381
et seq.), under any other Federal program, or under any State or local
program financed in whole or in part with Federal funds.
SEC. 9. ELIMINATION OF INSTALLMENT PAYMENT REQUIREMENT.
Section 1631(a) of the Social Security Act (42 U.S.C. 1383(a)) is
amended by striking paragraph (10).
SEC. 10. EXTENSION OF PERIOD OF EXCLUSION OF CERTAIN PAYMENTS FROM
COUNTABLE RESOURCES.
Section 1613(a)(7) of the Social Security Act (42 U.S.C.
1382b(a)(7)) is amended by striking ``9 months'' and inserting ``21
months''.
SEC. 11. MODIFICATION OF RULES TO DETERMINE MARITAL RELATIONSHIPS.
(a) In General.--Section 1614(d) of the Social Security Act (42
U.S.C. 1382c(d)) is amended by striking ``except that'' and all that
follows through the end of the subsection and inserting ``except that
if two individuals have been determined to be married under section
216(h)(1) for purposes of title II they shall be considered (from and
after the date of such determination or the date of their application
for benefits under this title, whichever is later) to be married for
purposes of this title.''.
(b) Conforming Amendments.--Title XVI of the Social Security Act
(42 U.S.C. 1381 et seq.) is amended--
(1) in section 1611(e)(3)--
(A) by striking ``a husband and wife'' each place
it appears and inserting ``two married individuals'';
and
(B) by striking ``such husband and wife'' and
inserting ``such married individuals'';
(2) in section 1614(b)--
(A) in the first sentence, by striking ``the
husband or wife of'' and inserting ``married to''; and
(B) in the second sentence, by striking ``husband
and wife'' and inserting ``married''; and
(3) in section 1631(b)(1)(A)(i), by striking ``husband or
wife'' and inserting ``spouse''.
SEC. 12. EFFECTIVE DATE.
The amendments made by this Act shall take effect on January 1,
2022.
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