117th CONGRESS
1st Session
H. R. 3824


To amend title XVI of the Social Security Act to update eligibility for the supplemental security income program, and for other purposes.


IN THE HOUSE OF REPRESENTATIVES

June 11, 2021

Mr. Grijalva (for himself, Ms. Dean, Mr. DeFazio, Mr. Kilmer, Mr. Langevin, Mr. Bowman, Mr. Cohen, Mr. Larson of Connecticut, Mr. Espaillat, Ms. Bass, Mr. Payne, Mr. Cooper, Ms. Moore of Wisconsin, Ms. Norton, Ms. Kaptur, Mrs. Napolitano, Mr. Sablan, Mr. Khanna, Mr. Smith of Washington, Ms. Pressley, Mr. Deutch, Ms. Schakowsky, Ms. Slotkin, Mr. Gallego, Mr. Evans, Mr. Castro of Texas, Ms. Scanlon, Mr. Auchincloss, Ms. Tlaib, Ms. Blunt Rochester, Mr. Horsford, Mr. DeSaulnier, Mr. Garc  a of Illinois, and Ms. Pingree) introduced the following bill; which was referred to the Committee on Ways and Means


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 to read as follows:

   (b) (1) The benefit under this title for an individual who does not have an eligible spouse shall be payable   

   (A) for calendar years 1974 through 2021, at the rate of $1,752 (or, if greater, the amount determined under section 1617), and

   (B) for calendar years after 2021, at the rate equal to the annual poverty guideline for the calendar year preceding such calendar year (as updated annually in the Federal Register by the Department of Health and Human Services under the authority of section 673(2) of the Omnibus Budget Reconciliation Act of 1981) as applicable to a single individual,

reduced by the amount of income, not excluded pursuant to section 1612(b), of such individual.

   (2) The benefit under this title for an individual who has an eligible spouse shall be payable   

   (A) for calendar years 1974 through 2021, at the rate of $2,628 (or, if greater, the amount determined under section 1617), and

   (B) for calendar years after 2021, at the rate equal to twice the rate described in paragraph (1)(B),

reduced by the amount of income, not excluded pursuant to section 1612(b), of such individual and spouse.   .

(b) Conforming changes to cost-of-Living adjustments.   Section 1617(a)(1) of such Act (42 U.S.C. 1382f(a)(1)) is amended by striking    (a)(1)(A), (a)(2)(A), (b)(1), and (b)(2)    and inserting    (a)(1)(A) and (a)(2)(A)   .

(c) Effective date.   The amendments made by this section shall apply with respect to calendar years after 2021.

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: