I 

118TH CONGRESS 

2D SESSION H. R. 7138 

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 

JANUARY 30, 2024 

Mr. GRIJALVA (for himself, Ms. SCHAKOWSKY, Ms. SLOTKIN, Ms. BUSH, Ms. 

NORTON, Ms. MOORE of Wisconsin, Mr. SABLAN, Mr. MULLIN, Ms. 

BLUNT ROCHESTER, Mrs. PELTOLA, Ms. TLAIB, Ms. SALINAS, Ms. 

DEAN of Pennsylvania, Ms. PINGREE, Ms. SCANLON, Mr. BOWMAN, Mrs. 

NAPOLITANO, Ms. KAPTUR, Mr. COHEN, Mr. GALLEGO, Mr. TONKO, Mr. 

TAKANO, Mr. LIEU, Mr. NEGUSE, Mr. FROST, Mr. JACKSON of Illinois, 

Ms. JACKSON LEE, Mrs. MCBATH, Mr. KILMER, Ms. GARCIA of Texas, 

Ms. BALINT, Ms. JAYAPAL, Mr. RASKIN, Mr. JOHNSON of Georgia, Ms. 

TITUS, Mr. KHANNA, and Mr. LARSON of Connecticut) 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. 

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; TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Supplemental Security Income Restoration Act of 2024’’. 


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1 (b) TABLE OF CONTENTS.—The table of contents for 

2 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. Treatment of tribal general welfare payments. 

Sec. 9. Elimination of dedicated accounts for certain past-due benefits. 

Sec. 10. Elimination of installment payment requirement. 

Sec. 11. Extension of period of exclusion of certain payments from countable 

resources. 

Sec. 12. Modification of rules to determine marital relationships. 

Sec. 13. Effective date. 

3 SEC. 2. UPDATE IN ELIGIBILITY FOR THE SUPPLEMENTAL 

4 SECURITY INCOME PROGRAM. 

5 (a) UPDATE IN GENERAL INCOME EXCLUSION.— 

6 Section 1612(b)(2)(A) of the Social Security Act (42 

7 U.S.C. 1382a(b)(2)(A)) is amended by striking ‘‘$240’’ 

8 and inserting ‘‘$1,797 (increased as described in section 

9 1617(d) for each calendar year after 2024)’’. 

10 (b) UPDATE IN EARNED INCOME EXCLUSION.—Sec11 tion 1612(b)(4) of such Act (42 U.S.C. 1382a(b)(4)) is 

12 amended by striking ‘‘$780’’ each place it appears and 

13 inserting ‘‘$5,839 (increased as described in section 

14 1617(d) for each calendar year after 20224’’. 

15 (c) UPDATE IN RESOURCE LIMIT FOR INDIVIDUALS

16 AND COUPLES.—Section 1611(a)(3) of such Act (42 

17 U.S.C. 1382(a)(3)) is amended— 


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1 (1) in subparagraph (A), by striking ‘‘$2,250’’ 

2 and all that follows through the end of the subpara3 graph and inserting ‘‘$20,000 in calendar year 

4 2024, and shall be increased as described in section 

5 1617(d) for each subsequent calendar year.’’; and 

6 (2) in subparagraph (B), by striking ‘‘$1,500’’ 

7 and all that follows through the end of the subpara8 graph and inserting ‘‘$10,000 in calendar year 

9 2024, and shall be increased as described in section 

10 1617(d) for each subsequent calendar year.’’. 

11 (d) INFLATION ADJUSTMENT.—Section 1617 of such 

12 Act (42 U.S.C. 1382f) is amended— 

13 (1) in the section heading, by inserting ‘‘; IN14 FLATION ADJUSTMENT’’ after ‘‘BENEFITS’’; and 

15 (2) by adding at the end the following: 

16 ‘‘(d) In the case of any calendar year after 2024, each 

17 of the amounts specified in sections 1611(a)(3), 

18 1612(b)(2)(A), and 1612(b)(4) shall be increased by mul19 tiplying each such amount by the quotient (not less than 

20 1) obtained by dividing— 

21 ‘‘(1) the average of the Consumer Price Index 

22 for Elderly Consumers (CPI–E, as published by the 

23 Bureau of Labor Statistics of the Department of 

24 Labor) for the 12-month period ending with Sep25 tember of the preceding calendar year, by 


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1 ‘‘(2) such average for the 12-month period end2 ing with September 2024.’’. 

3 SEC. 3. UPDATE IN SUPPLEMENTAL SECURITY INCOME 

4 BENEFIT AMOUNTS AND REPEAL OF MAR5 RIAGE PENALTY. 

6 (a) IN GENERAL.—Section 1611(b) of the Social Se7 curity Act (42 U.S.C. 1382(b)) is amended to read as fol8 lows: 

9 ‘‘(b)(1) The benefit under this title for an individual 

10 who does not have an eligible spouse shall be payable— 

11 ‘‘(A) for calendar years 1974 through 2024, at 

12 the rate of $1,752 (or, if greater, the amount deter13 mined under section 1617), and 

14 ‘‘(B) for calendar years after 2024, at the rate 

15 equal to the annual poverty guideline for the cal16 endar year preceding such calendar year (as updated 

17 annually in the Federal Register by the Department 

18 of Health and Human Services under the authority 

19 of section 673(2) of the Omnibus Budget Reconcili20 ation Act of 1981) as applicable to a single indi21 vidual, 

22 reduced by the amount of income, not excluded pur23 suant to section 1612(b), of such individual. 

24 ‘‘(2) The benefit under this title for an individual who 

25 has an eligible spouse shall be payable— 


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1 ‘‘(A) for calendar years 1974 through 2024, at 

2 the rate of $2,628 (or, if greater, the amount deter3 mined under section 1617), and 

4 ‘‘(B) for calendar years after 2024, at the rate 

5 equal to twice the rate described in paragraph 

6 (1)(B), 

7 reduced by the amount of income, not excluded pursuant 

8 to section 1612(b), of such individual and spouse.’’. 

9 (b) CONFORMING CHANGES TO COST-OF-LIVING AD10 JUSTMENTS.—Section 1617(a)(1) of such Act (42 U.S.C. 

11 1382f(a)(1)) is amended by striking ‘‘(a)(1)(A), (a)(2)(A), 

12 (b)(1), and (b)(2)’’ and inserting ‘‘(a)(1)(A) and 

13 (a)(2)(A)’’. 

14 (c) EFFECTIVE DATE.—The amendments made by 

15 this section shall apply with respect to calendar years after 

16 2021. 

17 SEC. 4. SUPPORT AND MAINTENANCE FURNISHED IN KIND 

18 NOT INCLUDED AS INCOME. 

19 (a) IN GENERAL.—Section 1612(a)(2) of such Act 

20 (42 U.S.C. 1382a(a)(2)) is amended— 

21 (1) by inserting ‘‘(other than support or main22 tenance furnished in kind)’’ after ‘‘all other income’’; 

23 and 

24 (2) in subparagraph (A)— 

25 (A) by striking ‘‘or kind’’; 


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1 (B) by striking clause (i) and redesig2 nating clauses (ii) and (iii) as clauses (i) and 

3 (ii), respectively; and 

4 (C) in clause (ii) (as so redesignated), by 

5 striking ‘‘and the provisions of clause (i) shall 

6 not be applicable’’. 

7 (b) CONFORMING AMENDMENTS.— 

8 (1) Section 1611(c) of such Act (42 U.S.C. 

9 1382(c)) is amended by striking paragraph (6) and 

10 redesignating paragraphs (7) through (10) as para11 graphs (6) through (9), respectively. 

12 (2) Section 1612(a)(2) of such Act (42 U.S.C. 

13 1382a(a)(2)) is amended— 

14 (A) in subparagraph (F), by inserting 

15 ‘‘and’’ at the end; 

16 (B) in subparagraph (G), by striking ‘‘; 

17 and’’ and inserting a period; 

18 (C) by moving subparagraph (G) 2 ems to 

19 the right; and 

20 (D) by striking subparagraph (H). 

21 (3) Section 1621(c) of such Act (42 U.S.C. 

22 1382j(c)) is amended to read as follows: 

23 ‘‘(c) In determining the amount of income of an alien 

24 during the period of 5 years after such alien’s entry into 

25 the United States, support or maintenance furnished in 


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1 cash to the alien by such alien’s sponsor (to the extent 

2 that it reflects income or resources which were taken into 

3 account in determining the amount of income and re4 sources to be deemed to the alien under subsection (a) 

5 or (b) of this section) shall not be considered to be income 

6 of such alien under section 1612(a)(2)(A).’’. 

7 SEC. 5. EXCLUSION OF RETIREMENT ACCOUNTS FROM RE8 SOURCES. 

9 Section 1613(a) of the Social Security Act (42 U.S.C. 

10 1382b(a)) is amended— 

11 (1) in paragraph (16), by striking ‘‘; and’’ and 

12 inserting a semicolon; 

13 (2) in paragraph (17), by striking the period at 

14 the end and inserting ‘‘; and’’; and 

15 (3) by inserting after paragraph (17) the fol16 lowing new paragraph: 

17 ‘‘(18) any qualified retirement plan or eligible 

18 deferred compensation plan (as such terms are de19 fined in sections 4974(c) and 457(b), respectively, of 

20 the Internal Revenue Code of 1986).’’. 

21 SEC. 6. REPEAL OF PENALTY FOR DISPOSAL OF RE22 SOURCES FOR LESS THAN FAIR MARKET 

23 VALUE. 

24 Section 1613(c) of such Act (42 U.S.C. 1382b(c)) is 

25 amended to read as follows: 


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1 ‘‘(c) NOTIFICATION OF MEDICAID POLICY RESTRICT2 ING ELIGIBILITY OF INSTITUTIONALIZED INDIVIDUALS

3 FOR BENEFITS BASED ON DISPOSAL OF RESOURCES FOR

4 LESS THAN FAIR MARKET VALUE.— 

5 ‘‘(1) IN GENERAL.—At the time an individual 

6 (and the individual’s eligible spouse, if any) applies 

7 for benefits under this title, and at the time the eli8 gibility of an individual (and such spouse, if any) for 

9 such benefits is redetermined, the Commissioner of 

10 Social Security shall— 

11 ‘‘(A) inform such individual of the provi12 sions of section 1917(c) providing for a period 

13 of ineligibility for benefits under title XIX for 

14 individuals who make certain dispositions of re15 sources for less than fair market value, and in16 form such individual that information obtained 

17 pursuant to subparagraph (B) will be made 

18 available to the State agency administering a 

19 State plan under title XIX (as provided in 

20 paragraph (2)); and 

21 ‘‘(B) obtain from such individual informa22 tion which may be used by the State agency in 

23 determining whether or not a period of ineligi24 bility for such benefits would be required by 

25 reason of section 1917(c). 


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1 ‘‘(2) PROVISION OF INFORMATION TO STATE

2 MEDICAID AGENCIES.—The Commissioner of Social 

3 Security shall make the information obtained under 

4 paragraph (1)(B) available, on request, to any State 

5 agency administering a State plan approved under 

6 title XIX.’’. 

7 SEC. 7. CLARIFYING THE TREATMENT OF CERTAIN STATE 

8 TAX CREDITS. 

9 Title XVI of the Social Security Act (42 U.S.C. 

10 1382a) is amended— 

11 (1) in section 1612(b)(19), by striking ‘‘and 

12 any payment’’ and all that follows through ‘‘credit)’’ 

13 and inserting ‘‘and any refund of State income taxes 

14 made to such individual (or such spouse) by reason 

15 of a State earned income tax credit (as defined by 

16 the Secretary)’’; and 

17 (2) in section 1613(a)(11)— 

18 (A) in subparagraph (A), by inserting ‘‘, 

19 and any refund of State income taxes made to 

20 such individual (or such spouse) by reason of a 

21 State child tax credit (as defined by the Sec22 retary)’’ before the semicolon; and 

23 (B) in subparagraph (B), by striking ‘‘and 

24 any payment’’ and all that follows through 

25 ‘‘credit)’’ and inserting ‘‘and any refund of 


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1 State income taxes made to such individual (or 

2 such spouse) by reason of a State earned in3 come tax credit (as defined by the Secretary)’’. 

4 SEC. 8. TREATMENT OF TRIBAL GENERAL WELFARE PAY5 MENTS. 

6 (a) INCOME EXCLUSION.—Section 1612(b) of the So7 cial Security Act (42 U.S.C. 1382a(b)) is amended— 

8 (1) in paragraph (25), by striking ‘‘and’’ at the 

9 end; 

10 (2) in paragraph (26), by striking the period 

11 and inserting ‘‘; and’’; and 

12 (3) by adding at the end the following: 

13 ‘‘(27) the value of any Indian general welfare 

14 benefit (as defined in section 139E of the Internal 

15 Revenue Code of 1986) received by such individual 

16 (or such spouse).’’. 

17 (b) INCOME EXCLUSION.—Section 1613(a) of such 

18 Act (42 U.S.C. 1382b(a)), as amended by section 5 of this 

19 Act, is amended— 

20 (1) in paragraph (17), by striking ‘‘and’’ at the 

21 end; 

22 (2) in paragraph (18), by striking the period 

23 and inserting ‘‘; and’’; and 

24 (3) by adding at the end the following: 


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1 ‘‘(19) the value of any Indian general welfare 

2 benefit (as defined in section 139E of the Internal 

3 Revenue Code of 1986) received by such individual 

4 (or such spouse).’’. 

5 SEC. 9. ELIMINATION OF DEDICATED ACCOUNTS FOR CER6 TAIN PAST-DUE BENEFITS. 

7 (a) IN GENERAL.—Section 1631(a)(2) of the Social 

8 Security Act (42 U.S.C. 1383(a)(2)) is amended by strik9 ing subparagraph (F). 

10 (b) CONFORMING AMENDMENTS.— 

11 (1) RELATING TO PAYMENTS AND PROCE12 DURES.—Section 1631(a)(2) of the Social Security 

13 Act (42 U.S.C. 1383(a)(2)), as amended by sub14 section (a), is amended— 

15 (A) by redesignating subparagraphs (G), 

16 (H), and (I) as subparagraphs (F), (G), and 

17 (H), respectively; 

18 (B) in subparagraph (B)(vii)(I), by strik19 ing ‘‘subparagraph (I)’’ and inserting ‘‘subpara20 graph (H)’’; 

21 (C) in subparagraph (D)— 

22 (i) in clause (i), by striking ‘‘subpara23 graphs (E) and (F)’’ and inserting ‘‘sub24 paragraph (E)’’; and 


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1 (ii) in clause (ii), by striking ‘‘sub2 paragraph (I)’’ and inserting ‘‘subpara3 graph (H)’’; 

4 (D) in subparagraph (E), by striking ‘‘sub5 paragraph (H)(ii)’’ and inserting ‘‘subpara6 graph (G)(ii)’’; and 

7 (E) in subparagraph (G)(i)(II), as redesig8 nated by subparagraph (A), by striking ‘‘sub9 paragraph (I)’’ and inserting ‘‘subparagraph 

10 (H)’’. 

11 (2) EXCLUSIONS FROM INCOME.— 

12 (A) IN GENERAL.—Section 1612(b) of the 

13 Social Security Act is amended— 

14 (i) by striking paragraph (21); and 

15 (ii) by redesignating paragraphs (22) 

16 through (26) as paragraphs (21) through 

17 (25), respectively. 

18 (B) CONFORMING AMENDMENT.—Section 

19 1613(a)(17) of such Act is amended by striking 

20 ‘‘section 1612(b)(26)’’ and inserting ‘‘section 

21 1612(b)(25)’’. 

22 (3) EXCLUSIONS FROM RESOURCES.—Section 

23 1613(a) of the Social Security Act, as amended by 

24 section 5, is amended— 

25 (A) by striking paragraph (12); and 


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1 (B) by redesignating paragraphs (13) 

2 through (18) as paragraphs (12) through (17), 

3 respectively. 

4 (c) TREATMENT OF AMOUNTS TRANSFERRED FROM

5 DEDICATED ACCOUNTS.—Amounts transferred from an 

6 account established on behalf of an individual as described 

7 in section 1631(a)(2)(F) of the Social Security Act (42 

8 U.S.C. 1383(a)(2)(F)) (as in effect on the day before the 

9 date of enactment of this Act) into another account of the 

10 individual as a result of the amendments made by this 

11 section shall not be taken into account as income or re12 sources of such individual for purposes of determining the 

13 eligibility of such individual or any other individual for 

14 benefits or assistance, or the amount or extent of such 

15 benefits or assistance, under title XVI of the Social Secu16 rity Act (42 U.S.C. 1381 et seq.), under any other Federal 

17 program, or under any State or local program financed 

18 in whole or in part with Federal funds. 

19 SEC. 10. ELIMINATION OF INSTALLMENT PAYMENT RE20 QUIREMENT. 

21 Section 1631(a) of the Social Security Act (42 U.S.C. 

22 1383(a)) is amended by striking paragraph (10). 


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1 SEC. 11. EXTENSION OF PERIOD OF EXCLUSION OF CER2 TAIN PAYMENTS FROM COUNTABLE RE3 SOURCES. 

4 Section 1613(a)(7) of the Social Security Act (42 

5 U.S.C. 1382b(a)(7)) is amended by striking ‘‘9 months’’ 

6 and inserting ‘‘21 months’’. 

7 SEC. 12. MODIFICATION OF RULES TO DETERMINE MAR8 ITAL RELATIONSHIPS. 

9 (a) IN GENERAL.—Section 1614(d) of the Social Se10 curity Act (42 U.S.C. 1382c(d)) is amended by striking 

11 ‘‘except that’’ and all that follows through the end of the 

12 subsection and inserting ‘‘except that if two individuals 

13 have been determined to be married under section 

14 216(h)(1) for purposes of title II they shall be considered 

15 (from and after the date of such determination or the date 

16 of their application for benefits under this title, whichever 

17 is later) to be married for purposes of this title.’’. 

18 (b) CONFORMING AMENDMENTS.—Title XVI of the 

19 Social Security Act (42 U.S.C. 1381 et seq.) is amended— 

20 (1) in section 1611(e)(3)— 

21 (A) by striking ‘‘a husband and wife’’ each 

22 place it appears and inserting ‘‘two married in23 dividuals’’; and 

24 (B) by striking ‘‘such husband and wife’’ 

25 and inserting ‘‘such married individuals’’; 

26 (2) in section 1614(b)— 


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1 (A) in the first sentence, by striking ‘‘the 

2 husband or wife of’’ and inserting ‘‘married to’’; 

3 and 

4 (B) in the second sentence, by striking 

5 ‘‘husband and wife’’ and inserting ‘‘married’’; 

6 and 

7 (3) in section 1631(b)(1)(A)(i), by striking 

8 ‘‘husband or wife’’ and inserting ‘‘spouse’’. 

9 SEC. 13. EFFECTIVE DATE. 

10 The amendments made by this Act shall take effect 

11 on the date that is 6 months after the date of the enact12 ment of this Act. 

Æ 


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