[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 3188 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. 3188
To amend title II of the Social Security Act to extend eligibility for
child's benefits until age 26 for certain individuals who are at least
half-time students at a post-secondary school, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 1, 2023
Mr. Van Hollen (for himself, Mr. Sanders, and Mr. Padilla) introduced
the following bill; which was read twice and referred to the Committee
on Finance
_______________________________________________________________________
A BILL
To amend title II of the Social Security Act to extend eligibility for
child's benefits until age 26 for certain individuals who are at least
half-time students at a post-secondary school, 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.
This Act may be cited as the ``Helping Students Successfully
Overcome Adversity and Rise with Social Security Act'' or the ``Helping
Students SOAR with Social Security Act''.
SEC. 2. EXTENSION OF CHILD'S BENEFIT FOR CERTAIN STUDENTS UNDER AGE 26.
(a) In General.--Section 202(d)(1)(B) of the Social Security Act
(42 U.S.C. 402(d)(1)(B)) is amended to read as follows:
``(B) at the time such application was filed was
unmarried and--
``(i) had not attained the age of 18,
``(ii) was a full-time elementary or
secondary school student and had not attained
the age of 19,
``(iii) was a qualifying post-secondary
school student and had not attained the age of
26, but only in the case of the child of an
individual who--
``(I) is entitled to disability
insurance benefits or was entitled to
such benefits until the month the
individual attained retirement age,
``(II) died a fully or currently
insured individual, or
``(III) is entitled to old-age
insurance benefits, but only if the
child is the child of the individual
pursuant to clause (3) of section
216(e), or
``(iv) is under a disability (as defined in
section 223(d)) which began before he attained
the age of 22, and''.
(b) Definition of Qualifying Post-Secondary School Student.--
(1) In general.--Section 202(d)(7) of such Act (42 U.S.C.
402(d)(7)(A)) is amended--
(A) in subparagraph (A)--
(i) in the first sentence--
(I) by inserting ``and a
`qualifying post-secondary school
student' is an individual who is in at
least half-time attendance as a student
at a post-secondary school or a
comprehensive transition and
postsecondary program'' before ``, as
determined by the Commissioner of
Social Security'';
(II) by striking ``if he is paid by
his employer'' and inserting ``or a
`qualifying post-secondary school
student' if the individual is paid by
the individual's employer'';
(III) by striking ``at the request,
or pursuant to a requirement, of his
employer'' and inserting ``or a post-
secondary school at the request of, or
pursuant to a requirement of, the
individual's employer''; and
(IV) by inserting ``(unless the
individual is employed by such employer
under a registered apprenticeship
program)'' before the period; and
(ii) in the third sentence, by striking
``shall be deemed to be such a student'' and
inserting ``, who is determined to be a student
in at least half-time attendance at a post-
secondary school, shall be deemed to be such a
student''; and
(B) in subparagraph (B)--
(i) by inserting ``or a qualifying post-
secondary school student'' before ``during any
period'';
(ii) by inserting ``or, in the case of a
qualifying post-secondary school student, any
period of nonattendance at a post-secondary
school at which the individual has been in at
least half-time attendance'' after ``full-time
attendance''; and
(iii) by inserting ``or, in the case of a
qualifying post-secondary school student, in at
least half-time attendance at a post-secondary
school'' before ``immediately following such
period'' each place it appears.
(2) Transition from elementary or secondary school.--
Section 202(d)(7)(B) of such Act (42 U.S.C. 402(d)(7)(B)) is
amended by adding at the end the following sentence: ``An
individual who has been in full-time attendance at an
elementary or secondary school shall, during a succeeding
period of nonattendance at such school, be deemed to be a
qualifying post-secondary school student if (i) such period is
4 calendar months or less, and (ii) the individual shows to the
satisfaction of the Commissioner that he intends to be in at
least half-time attendance at a post-secondary school or a
comprehensive transition and postsecondary program immediately
following such period.''.
(c) Definitions of Post-Secondary School, Registered Apprenticeship
Program, and Comprehensive Transition and Postsecondary Program.--
Section 202(d)(7)(C) of such Act (42 U.S.C. 402(d)(7)(C)) is amended by
adding at the end the following:
``(iii) A `post-secondary school' is an
institution described in section 102 of the
Higher Education Act of 1965 (20 U.S.C. 1002).
``(iv) A `registered apprenticeship
program' is a program registered under the Act
of August 16, 1937 (commonly known as the
`National Apprenticeship Act').
``(v) A `comprehensive transition and
postsecondary program' is a program defined
under paragraph (1) of section 760 of the
Higher Education Opportunity Act of 2008 (20
U.S.C. 1140).''.
(d) Conforming Amendments.--
(1) Section 202(d)(1)(E) of such Act (42 U.S.C.
402(d)(1)(E)) is amended by inserting ``or (in the case of the
child of an individual described in subparagraph (B)(iii)) a
qualifying post-secondary school student'' after ``student''.
(2) Section 202(d)(1)(F) of such Act (42 U.S.C.
402(d)(1)(F)) is amended by striking ``the earlier of--'' and
all that follows through ``the age of 19,'' and inserting the
following: ``the earlier of--
``(i) the first month during no part of
which the child is a full-time elementary or
secondary school student or (in the case of the
child of an individual described in
subparagraph (B)(iii)) a qualifying post-
secondary school student,
``(ii) the month in which the child attains
the age of 19, but (in the case of the child of
an individual described in subparagraph
(B)(iii)) only if the child is not a qualifying
post-secondary school student during any part
of such month, or
``(iii) the month in which the child
attains the age of 26,''.
(3) Section 202(d)(1)(G) of such Act (42 U.S.C.
402(d)(1)(G)) is amended by striking ``(if later)'' and all
that follows through the ``the age of 19,'' and inserting the
following: ``(if later) the earlier of--
``(ii) the first month during no part of
which the child is a full-time elementary or
secondary school student or (in the case of the
child of an individual who is described in
subparagraph (B)(iii)) a qualifying post-
secondary school student,
``(iii) the month in which the child
attains the age of 19, but (in the case of the
child of an individual who is described in
subparagraph (B)(iii)) only if the child is not
a qualifying post-secondary school student
during any part of such month, or
``(iv) the month in which the child attains
the age of 26,''.
(4) Section 202(d)(6)(A) of such Act (42 U.S.C.
402(d)(6)(A)) is amended to read as follows:
``(A)(i) is a full-time elementary or secondary
school student and has not attained the age of 19,
``(ii) in the case of the child of an individual
who is described in paragraph (1)(B)(iii), is a
qualifying post-secondary school student and has not
attained the age of 26, or
``(iii) is under a disability (as defined in
section 223(d)) and has not attained the age of 22,
or''.
(5) Section 202(d)(6)(D) of such Act (42 U.S.C.
402(d)(6)(D)) is amended to read as follows:
``(D) the earlier of--
``(i) the first month during no part of
which the child is--
``(I) under a disability (as so
defined),
``(II) a full-time elementary or
secondary school student, or
``(III) in the case of the child of
an individual who is described in
paragraph (1)(B)(iii), a qualifying
post-secondary school student,
``(ii) the month in which the child attains
the age of 19, but only if--
``(I) the child is not under a
disability (as so defined) in such
month, or
``(II) in the case of the child of
an individual who is described in
paragraph (1)(B)(iii), the child is not
a qualifying post-secondary school
student during any part of such month,
or
``(iii) the month in which the child
attains the age of 26, but only if the child is
not under a disability (as so defined) in such
month; or''.
(6) Section 202(d)(6)(E) of such Act (42 U.S.C.
402(d)(6)(E)) is amended by striking ``(if later)'' and all
that follows to the end and inserting the following: ``(if
later) the earlier of--
``(i) the first month during no part of
which the child is a full-time elementary or
secondary school student or (in the case of the
child of an individual who is described in
paragraph (1)(B)(iii)) a qualifying post-
secondary school student,
``(ii) the month in which the child attains
the age of 19, but (in the case of the child of
an individual who is described in paragraph
(1)(B)(iii)) only if the child is not a
qualifying post-secondary school student during
any part of such month, or
``(iii) the month in which the child
attains the age of 26.''.
(7) Section 202(d)(7)(D) of such Act (42 U.S.C.
402(d)(7)(D)) is amended--
(A) by striking ``A child who'' and inserting ``(i)
A child who'';
(B) by striking ``clause (i) of paragraph (1)(B)''
and inserting ``clause (ii) of paragraph (1)(B)''; and
(C) by adding at the end the following:
``(ii) If the child of an individual who is
described in paragraph (1)(B)(iii) attains age 26 at a
time when the child is a qualifying post-secondary
school student (as defined in subparagraph (A) of this
paragraph and without application of subparagraph (B)
of this paragraph) on the basis of the child's
attendance at a post-secondary school or a
comprehensive transition and postsecondary program (as
such terms are defined in subparagraph (C)) but has not
(at such time) completed the requirements for, or
received, a diploma or equivalent certificate from such
school or program shall be deemed (for purposes of
determining whether the child's entitlement to benefits
under this subsection has terminated under paragraph
(1)(F) and for purposes of determining the child's
initial entitlement to such benefits under clause (iii)
of paragraph (1)(B)) not to have attained such age
until the first day of the first month following the
end of the quarter or semester in which the child is
enrolled at such time (or, if the post-secondary school
or comprehensive transition and postsecondary program
(as so defined) in which the child is enrolled is not
operated on a quarter or semester system, until the
first day of the first month following the completion
of the courses in which the child is so enrolled on the
date the child attains age 26 or until the first day of
the third month beginning after such time, whichever
first occurs).''.
(e) Effective Date.--The amendments made by this section shall take
effect on, and shall apply to applications for child's insurance
benefits under title II of the Social Security Act (42 U.S.C. 401 et
seq.) filed on or after, the date that is 18 months after the date of
enactment of this Act.
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