I 

116TH CONGRESS 

2D SESSION H. R. 7499 

To prevent an unintended drop in Social Security benefits due to COVID19 and the application of the National Average Wage Index, and improve 

Social Security and Supplemental Security Income benefits on an emergency basis. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 9, 2020 

Mr. LARSON of Connecticut (for himself, Mr. NEAL, Mr. LEWIS, Mr. THOMPSON of California, Mr. BLUMENAUER, Mr. PASCRELL, Mr. DANNY K. 

DAVIS of Illinois, Ms. SA ́NCHEZ, Mr. HIGGINS of New York, Ms. SEWELL

of Alabama, Ms. DELBENE, Ms. JUDY CHU of California, Ms. MOORE, 

Mr. KILDEE, Mr. BRENDAN F. BOYLE of Pennsylvania, Mr. BEYER, Mr. 

EVANS, Mr. SUOZZI, Mr. PANETTA, Mr. GOMEZ, Mr. HORSFORD, Mr. 

COURTNEY, Mr. BISHOP of Georgia, Mr. NADLER, Ms. SHALALA, Mr. 

MORELLE, Mr. KILMER, Mr. THOMPSON of Mississippi, Mr. CISNEROS, 

Ms. KUSTER of New Hampshire, Mr. MICHAEL F. DOYLE of Pennsylvania, Mr. GRIJALVA, Ms. DELAURO, Ms. NORTON, Mr. PAYNE, Ms. 

SCHAKOWSKY, Mr. SMITH of Washington, and Mr. RYAN) introduced the 

following bill; which was referred to the Committee on Ways and Means, 

and in addition to the Committee on Energy and Commerce, for a period 

to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee 

concerned 

A BILL 

To prevent an unintended drop in Social Security benefits 

due to COVID-19 and the application of the National 

Average Wage Index, and improve Social Security and 

Supplemental Security Income benefits on an emergency 

basis. 


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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 ‘‘Social Security COVID 

5 Correction and Equity Act’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

Sec. 3. Preventing an unintended drop in benefits relating to the application of 

the National Average Wage Index. 

Sec. 4. Across-the-board benefit increase. 

Sec. 5. Increase in minimum benefit for lifetime low earners based on years in 

the workforce. 

Sec. 6. Increase in threshold amounts and rate for inclusion of Social Security 

benefits in income. 

Sec. 7. Extension of child’s benefit for full-time post-secondary school students 

under age 23. 

Sec. 8. Improving social security benefits for widows and widowers in two-income households. 

Sec. 9. Increasing access to benefits for children who live with grandparents or 

other relatives. 

Sec. 10. Update in eligibility for the supplemental security income program. 

Sec. 11. Support and maintenance furnished in kind not included as income. 

Sec. 12. Holding SSI, Medicaid, and CHIP beneficiaries harmless. 

Sec. 13. Expedited adjustment of underpayments. 

Sec. 14. Appropriation of funds. 

8 SEC. 3. PREVENTING AN UNINTENDED DROP IN BENEFITS 

9 RELATING TO THE APPLICATION OF THE NA10 TIONAL AVERAGE WAGE INDEX. 

11 (a) MODIFICATIONS RELATED TO COMPUTATION OF

12 PRIMARY INSURANCE AMOUNT.—Section 215 of the So13 cial Security Act (42 U.S.C. 415) is amended— 

14 (1) in subsection (a)(1)(B)(ii)(I)— 

15 (A) in subclause (I)— 


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1 (i) by striking ‘‘the national’’ and in2 serting ‘‘(aa) the national’’; and 

3 (ii) by striking ‘‘, by’’ at the end and 

4 inserting ‘‘; or’’; and 

5 (B) by adding at the end of subclause (I) 

6 the following: 

7 ‘‘(bb) if higher (and if such second 

8 calendar year is after 2019), the highest 

9 national average wage index (as so de10 fined) for any calendar year before such 

11 second calendar year, by’’; and 

12 (2) in subsection (b)(3)(A)(ii)— 

13 (A) in subclause (I)— 

14 (i) by striking ‘‘the national’’ and in15 serting ‘‘(aa) the national’’; and 

16 (ii) by striking ‘‘, by’’ at the end and 

17 inserting ‘‘; or’’; and 

18 (B) by adding at the end of subclause (I) 

19 the following: 

20 ‘‘(bb) if higher (and if such second 

21 calendar year is after 2019), the highest 

22 national average wage index (as so de23 fined) for any calendar year before such 

24 second calendar year, by’’. 


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1 (b) MODIFICATION RELATED TO REDUCTION OF

2 BENEFITS BASED ON DISABILITY.—Section 

3 224(f)(2)(B)(i) of such Act (42 U.S.C. 424(f)(2)(B)(i)) is 

4 amended by inserting ‘‘(or if higher (and if such calendar 

5 year is after 2019), the highest national average wage 

6 index (as so defined) for any calendar year before such 

7 calendar year)’’ after ‘‘made’’. 

8 SEC. 4. ACROSS-THE-BOARD BENEFIT INCREASE. 

9 (a) IN GENERAL.—Section 215(a)(1)(A)(i) of the So10 cial Security Act (42 U.S.C. 415(a)(1)(A)(i)) is amended 

11 by striking ‘‘90 percent’’ and inserting ‘‘93 percent’’. 

12 (b) EFFECTIVE DATE.— 

13 (1) IN GENERAL.—The amendment made by 

14 subsection (a) shall apply with respect to monthly 

15 insurance benefits payable for months in calendar 

16 year 2020. 

17 (2) RECOMPUTATION OF PRIMARY INSURANCE

18 AMOUNTS.—Notwithstanding section 215(f) of the 

19 Social Security Act, the Commissioner of Social Se20 curity shall recompute primary insurance amounts 

21 to the extent necessary— 

22 (A) to carry out the amendments made by 

23 this section; and 

24 (B) to account for the nonapplication of 

25 such amendments after calendar year 2020. 


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1 (c) RULE OF CONSTRUCTION.—For purposes of ap2 plying subparagraphs (A) and (B) of section 215(i)(1) of 

3 the Social Security Act in any calendar year, nothing in 

4 this Act shall be considered a general benefit increase 

5 under title II of such Act. 

6 SEC. 5. INCREASE IN MINIMUM BENEFIT FOR LIFETIME 

7 LOW EARNERS BASED ON YEARS IN THE 

8 WORKFORCE. 

9 (a) IN GENERAL.—Section 215(a)(1) of the Social 

10 Security Act (42 U.S.C. 415(a)(1)) is amended— 

11 (1) by redesignating subparagraph (D) as sub12 paragraph (E); and 

13 (2) by inserting after subparagraph (C) the fol14 lowing new subparagraph: 

15 ‘‘(D)(i) Effective with respect to monthly insurance 

16 benefits payable for months in calendar year 2020, no pri17 mary insurance amount computed under subparagraph 

18 (A) may be less than the greater of— 

19 ‘‘(I) the minimum monthly amount computed 

20 under subparagraph (C); or 

21 ‘‘(II) in the case of an individual who has more 

22 than 10 years of work (as defined in clause (iv)(I)), 

23 the alternative minimum amount determined under 

24 clause (ii). 


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1 ‘‘(ii)(I) The alternative minimum amount determined 

under this clause is the applicable percentage of 1 2 ⁄12 of 

3 the poverty guideline for 2019. 

4 ‘‘(II) For purposes of subclause (I), the applicable 

5 percentage is the percentage specified in connection with 

6 the number of years of work, as set forth in the following 

7 table: 

‘‘If the number of years The applicable 

of work is: percentage is: 

11 ...................................................................................... 6.25 percent

12 ...................................................................................... 12.50 percent

13 ...................................................................................... 18.75 percent

14 ...................................................................................... 25.00 percent

15 ...................................................................................... 31.25 percent

16 ...................................................................................... 37.50 percent

17 ...................................................................................... 43.75 percent

18 ...................................................................................... 50.00 percent

19 ...................................................................................... 56.25 percent

20 ...................................................................................... 62.50 percent

21 ...................................................................................... 68.75 percent

22 ...................................................................................... 75.00 percent

23 ...................................................................................... 81.25 percent

24 ...................................................................................... 87.50 percent

25 ...................................................................................... 93.75 percent

26 ...................................................................................... 100.00 percent

27 ...................................................................................... 106.25 percent

28 ...................................................................................... 112.50 percent

29 ...................................................................................... 118.75 percent

30 or more ........................................................................ 125.00 percent. 

8 ‘‘(iii) For purposes of this subparagraph— 

9 ‘‘(I) the term ‘year of work’ means, with re10 spect to an individual, a year to which 4 quarters of 

11 coverage have been credited based on such individ12 ual’s wages and self-employment income; and 

13 ‘‘(II) the term ‘poverty guideline for 2019’ 

14 means the annual poverty guideline for 2019 (as upVerDate Sep 11 2014 01:09 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H7499.IH H7499

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1 dated annually in the Federal Register by the De2 partment of Health and Human Services under the 

3 authority of section 673(2) of the Omnibus Budget 

4 Reconciliation Act of 1981) as applicable to a single 

5 individual.’’. 

6 (b) RECOMPUTATION OF PRIMARY INSURANCE

7 AMOUNTS.—Notwithstanding section 215(f) of the Social 

8 Security Act, the Commissioner of Social Security shall 

9 recompute primary insurance amounts to the extent nec10 essary— 

11 (1) to carry out the amendments made by this 

12 section; and 

13 (2) to account for the nonapplication of such 

14 amendments after calendar year 2020. 

15 (c) CONFORMING AMENDMENT.—Section 209(k)(1) 

16 of such Act (42 U.S.C. 409(k)(1)) is amended by inserting 

17 ‘‘215(a)(1)(E),’’ after ‘‘215(a)(1)(D),’’. 

18 SEC. 6. INCREASE IN THRESHOLD AMOUNTS AND RATE 

19 FOR INCLUSION OF SOCIAL SECURITY BENE20 FITS IN INCOME. 

21 (a) IN GENERAL.—Subsection (a) of section 86 of the 

22 Internal Revenue Code of 1986 is amended to read as fol23 lows: 

24 ‘‘(a) IN GENERAL.—Gross income for the taxable 

25 year of any taxpayer described in subsection (b) (notwithVerDate Sep 11 2014 01:09 Jul 10, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H7499.IH H7499

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1 standing section 207 of the Social Security Act) includes 

2 Social Security benefits in an amount equal to the lesser 

3 of— 

4 ‘‘(1) 85 percent of the Social Security benefits 

5 received during the taxable year, or 

6 ‘‘(2) one-half of the excess described in sub7 section (b)(1).’’. 

8 (b) BASE AMOUNT.—Subsection (c) of section 86 of 

9 such Code is amended to read as follows: 

10 ‘‘(c) BASE AMOUNT.—For purposes of this section, 

11 the term ‘base amount’ means— 

12 ‘‘(1) except as otherwise provided in this para13 graph, $35,000, 

14 ‘‘(2) $50,000 in the case of a joint return, and 

15 ‘‘(3) zero in the case of a taxpayer who— 

16 ‘‘(A) is married as of the close of the tax17 able year (within the meaning of section 7703) 

18 but does not file a joint return for such year, 

19 and 

20 ‘‘(B) does not live apart from his spouse at 

21 all times during the taxable year.’’. 

22 (c) TRANSFERS TO TRUST FUNDS.— 

23 (1) HOSPITAL INSURANCE TRUST FUND HELD

24 HARMLESS.—Of the total revenue from taxation of 

25 social security benefits, there are appropriated to the 


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1 Federal Hospital Insurance Trust Fund such 

2 amounts as would be transferred to such fund under 

3 section 121(e) of the Social Security Amendments of 

4 1983 (42 U.S.C. 401 note) and section 86 of such 

5 Code as such sections were in effect on the day be6 fore the date of the enactment of this Act, at such 

7 times and in such manner as would be provided 

8 therein. 

9 (2) TRANSFERS TO PAYOR FUNDS.—Of the bal10 ance of the total revenue from taxation of social se11 curity benefits remaining after appropriations under 

12 paragraph (1) have been made, there are appro13 priated to each payor fund amounts equivalent to 

14 the portion of such balance equal to a fraction— 

15 (A) the numerator of which is the amount 

16 equivalent to the net revenues received in the 

17 Treasury attributable to the application of sec18 tions 86 and 871(a)(3) of such Code to pay19 ments from such payor fund made in taxable 

20 years beginning during calendar year 2019; and 

21 (B) the denominator of which is the total 

22 revenue from taxation of social security bene23 fits. 

24 (3) TRANSFERS.—The amounts appropriated 

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1 ferred from time to time (but not less frequently 

2 than quarterly) from the general fund of the Treas3 ury on the basis of estimates made by the Secretary 

4 of the Treasury of the amounts referred to in such 

5 paragraph. Any such quarterly payment shall be 

6 made on the first day of such quarter and shall take 

7 into account social security benefits estimated to be 

8 received during such quarter. Proper adjustments 

9 shall be made in the amounts subsequently trans10 ferred to the extent prior estimates were in excess 

11 of or less than the amounts required to be trans12 ferred. 

13 (4) DEFINITIONS.—For purposes of this sub14 section— 

15 (A) TOTAL REVENUE FROM TAXATION OF

16 SOCIAL SECURITY BENEFITS.—The term ‘‘total 

17 revenue from taxation of social security bene18 fits’’ means the amount equivalent to the net 

19 revenues received in the Treasury attributable 

20 to the application of sections 86 and 871(a)(3) 

21 of the Internal Revenue Code of 1986 to pay22 ments from any payor fund made in taxable 

23 years beginning during calendar year 2019. 

24 (B) PAYOR FUND.—The term ‘‘payor 

25 fund’’ means any trust fund or account from 


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1 which payments of social security benefits are 

2 made. 

3 (C) SOCIAL SECURITY BENEFITS.—The 

4 term ‘‘social security benefits’’ has the meaning 

5 given such term by section 86(d)(1) of the In6 ternal Revenue Code of 1986. 

7 (5) CONFORMING RULE.—Section 121(e) of the 

8 Social Security Amendments of 1983 (42 U.S.C. 

9 401 note) shall not apply with respect to net reve10 nues received in the Treasury attributable to the ap11 plication of sections 86 and 871(a)(3) of the Inter12 nal Revenue Code of 1986 to payments from any 

13 payor fund made in taxable years beginning during 

14 calendar year 2019. 

15 (d) EFFECTIVE DATE.—The amendments made by 

16 this section shall apply to taxable years beginning in cal17 endar year 2019. 

18 SEC. 7. EXTENSION OF CHILD’S BENEFIT FOR FULL-TIME 

19 POST-SECONDARY SCHOOL STUDENTS 

20 UNDER AGE 23. 

21 (a) IN GENERAL.—Section 202(d)(1)(B) of the So22 cial Security Act (42 U.S.C. 402(d)(1)(B)) is amended to 

23 read as follows: 

24 ‘‘(B) at the time such application was filed 

25 was unmarried and— 


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1 ‘‘(i) had not attained the age of 18, 

2 ‘‘(ii) was a full-time elementary or 

3 secondary school student and had not at4 tained the age of 22, 

5 ‘‘(iii) was a full-time post-secondary 

6 school student and had not attained the 

7 age of 23, or 

8 ‘‘(iv) is under a disability (as defined 

9 in section 223(d)) which began before he 

10 attained the age of 22, and’’. 

11 (b) DEFINITION OF FULL-TIME POST-SECONDARY

12 SCHOOL STUDENT.— 

13 (1) IN GENERAL.—Section 202(d)(7) of such 

14 Act (42 U.S.C. 402(d)(7)) is amended— 

15 (A) in subparagraph (A)— 

16 (i) by inserting ‘‘and a ‘full-time post17 secondary school student’ is an individual 

18 who is in full-time attendance as a student 

19 at a post-secondary educational institu20 tion’’ before ‘‘, as determined by the Com21 missioner’’; 

22 (ii) by inserting ‘‘or a ‘full-time post23 secondary school student’ ’’ before ‘‘if he is 

24 paid by his employer’’; 


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1 (iii) by inserting ‘‘or a post-secondary 

2 educational institution, as applicable,’’ be3 fore ‘‘at the request’’; 

4 (iv) by inserting ‘‘or a ‘full-time post5 secondary school student’ ’’ before ‘‘for the 

6 purpose of this section’’; and 

7 (v) by inserting ‘‘or a full-time post8 secondary school student’’ before ‘‘shall be 

9 deemed’’; and 

10 (B) in subparagraph (B)— 

11 (i) by inserting ‘‘or a full-time post12 secondary school student’’ after ‘‘student’’; 

13 (ii) by inserting ‘‘or a post-secondary 

14 educational institution, as applicable’’ be15 fore ‘‘at which he has been’’; and 

16 (iii) by striking ‘‘an elementary or sec17 ondary school’’ in each of the second and 

18 third places in which such term appears 

19 and inserting ‘‘such a school’’. 

20 (2) TRANSITION FROM ELEMENTARY OR SEC21 ONDARY SCHOOL.—Section 202(d)(7)(B) of such Act 

22 (42 U.S.C. 402(d)(7)(B)) is amended by adding at 

23 the end the following sentence: ‘‘An individual who 

24 has been in full-time attendance at an elementary or 

25 secondary school shall, during a succeeding period of 


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1 nonattendance at such school, be deemed to be a 

2 full-time secondary-school student if (i) such period 

3 is 4 calendar months or less, and (ii) the individual 

4 shows to the satisfaction of the Commissioner that 

5 he intends to be in full-time attendance at a post6 secondary educational institution immediately fol7 lowing such period.’’ 

8 (c) DEFINITION OF POST-SECONDARY EDUCATIONAL

9 INSTITUTION.—Section 202(d)(7)(C) of such Act (42 

10 U.S.C. 402(d)(7)(C)) is amended by adding at the end the 

11 following: 

12 ‘‘(iii) A ‘post-secondary educational 

13 institution’ is an institution described in 

14 section 102 of the Higher Education Act 

15 of 1965 (20 U.S.C. 1002).’’. 

16 (d) CONFORMING AMENDMENTS.— 

17 (1) Section 202(d)(1)(E) of such Act (42 

18 U.S.C. 402(d)(1)(E)) is amended by inserting ‘‘or a 

19 full-time post-secondary school student’’ after ‘‘stu20 dent’’. 

21 (2) Section 202(d)(1)(F) of such Act (42 

22 U.S.C. 402(d)(1)(F)) is amended by striking ‘‘the 

23 earlier of—’’ and all that follows through ‘‘the age 

24 of 19,’’ and inserting the following: ‘‘the earlier of— 


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1 ‘‘(i) the first month during no part of 

2 which the child is a full-time elementary or 

3 secondary school student or a full-time 

4 post-secondary school student, 

5 ‘‘(ii) the month in which the child at6 tains the age of 22, but only if the child 

7 is not a full-time post-secondary school 

8 student during any part of such month, or 

9 ‘‘(iii) the month in which the child at10 tains the age of 23,’’. 

11 (3) Section 202(d)(1)(G) of such Act (42 

12 U.S.C. 402(d)(1)(G)) is amended by striking ‘‘(if 

13 later)’’ and all that follows through the ‘‘the age of 

14 19,’’ and inserting the following: ‘‘(if later) the ear15 lier of— 

16 ‘‘(i) the first month during no part of 

17 which the child is a full-time elementary or 

18 secondary school student or a full-time 

19 post-secondary school student, 

20 ‘‘(ii) the month in which the child at21 tains the age of 22, but only if the child 

22 is not a full-time post-secondary school 

23 student during any part of such month, or 

24 ‘‘(iii) the month in which the child at25 tains the age of 23,’’. 


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1 (4) Section 202(d)(6)(A) of such Act (42 

2 U.S.C. 402(d)(6)(A)) is amended to read as follows: 

3 ‘‘(A)(i) is a full-time elementary or sec4 ondary school student and has not attained the 

5 age of 22, 

6 ‘‘(ii) is a full-time post-secondary school 

7 student and has not attained the age of 23, or 

8 ‘‘(iii) is under a disability (as defined in 

9 section 223(d)) and has not attained the age of 

10 22, or’’. 

11 (5) Section 202(d)(6)(D) of such Act (42 

12 U.S.C. 402(d)(6)(D)) is amended to read as follows: 

13 ‘‘(D) the earlier of— 

14 ‘‘(i) the first month during no part of 

15 which the child is a full-time elementary or 

16 secondary school student or a full-time 

17 post-secondary school student, 

18 ‘‘(ii) the month in which the child at19 tains the age of 22, but only if the child 

20 is not a full-time post-secondary school 

21 student during any part of such month, or 

22 ‘‘(iii) the month in which the child at23 tains the age of 23, 

24 but only if he is not under a disability (as so 

25 defined) in such earlier month; or’’. 


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1 (6) Section 202(d)(6)(E) of such Act (42 

2 U.S.C. 402(d)(6)(E)) is amended by striking ‘‘(if 

3 later)’’ and all that follows to the end and inserting 

4 the following: ‘‘(if later) the earlier of— 

5 ‘‘(i) the first month during no part of 

6 which the child is a full-time elementary or 

7 secondary school student or a full-time 

8 post-secondary school student, 

9 ‘‘(ii) the month in which the child at10 tains the age of 22, but only if the child 

11 is not a full-time post-secondary school 

12 student during any part of such month, or 

13 ‘‘(iii) the month in which the child at14 tains the age of 23.’’. 

15 (7) Section 202(d)(7)(D) of such Act (42 

16 U.S.C. 402(d)(7)(D)) is amended— 

17 (A) by striking ‘‘A child who’’ and insert18 ing ‘‘(i) A child who’’; 

19 (B) by striking ‘‘age 19’’ and inserting 

20 ‘‘age 22’’; 

21 (C) by striking ‘‘clause (i) of paragraph 

22 (1)(B)’’ and inserting ‘‘clause (ii) of paragraph 

23 (1)(B)’’; and 

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


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1 ‘‘(ii) A child who attains age 23 at a time 

2 when he is a full-time post-secondary school 

3 student (as defined in subparagraph (A) of this 

4 paragraph and without application of subpara5 graph (B) of such paragraph) but has not (at 

6 such time) completed the requirements for, or 

7 received, a diploma or equivalent certificate 

8 from a post-secondary educational institution 

9 (as defined in subparagraph (C)(iii)) shall be 

10 deemed (for purposes of determining whether 

11 his entitlement to benefits under this subsection 

12 has terminated under paragraph (1)(F) and for 

13 purposes of determining his initial entitlement 

14 to such benefits under clause (iii) of paragraph 

15 (1)(B)) not to have attained such age until the 

16 first day of the first month following the end of 

17 the quarter or semester in which he is enrolled 

18 at such time (or, if the post-secondary edu19 cational institution (as so defined) in which he 

20 is enrolled is not operated on a quarter or se21 mester system, until the first day of the first 

22 month following the completion of the course in 

23 which he is so enrolled or until the first day of 

24 the third month beginning after such time, 

25 whichever first occurs).’’. 


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1 (e) EFFECTIVE DATE.—The amendments made by 

2 this section shall apply with respect to applications for 

3 child’s insurance benefits filed in calendar year 2020 and 

4 with respect to individuals entitled to such benefits during 

5 any month of such calendar year, except that such amend6 ments shall not apply for purposes of determining con7 tinuing eligibility for child’s insurance benefits for any 

8 month after such calendar year. 

9 SEC. 8. IMPROVING SOCIAL SECURITY BENEFITS FOR WID10 OWS AND WIDOWERS IN TWO-INCOME HOUSE11 HOLDS. 

12 (a) IN GENERAL.— 

13 (1) WIDOWS.—Section 202(e) of the Social Se14 curity Act (42 U.S.C. 402(e)) is amended— 

15 (A) in paragraph (1)— 

16 (i) in subparagraph (B), by inserting 

17 ‘‘and’’ at the end; 

18 (ii) in subparagraph (C)(iii), by strik19 ing ‘‘and’’ at the end; 

20 (iii) by striking subparagraph (D); 

21 (iv) by redesignating subparagraphs 

22 (E) and (F) as subparagraphs (D) and 

23 (E), respectively; and 

24 (v) in the flush matter following sub25 paragraph (E)(ii), as so redesignated, by 


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1 striking ‘‘becomes entitled to an old-age in2 surance benefit’’ and all that follows 

3 through ‘‘such deceased individual,’’; 

4 (B) by striking subparagraph (A) in para5 graph (2) and inserting the following: 

6 ‘‘(2)(A) Except as provided in subsection 

7 (k)(5), subsection (q), and subparagraph (D) of this 

8 paragraph, such widow’s insurance benefit for each 

9 month shall be equal to the greater of— 

10 ‘‘(i) the primary insurance amount (as 

11 determined for purposes of this subsection 

12 after application of subparagraphs (B) and 

13 (C)) of such deceased individual, or 

14 ‘‘(ii) subject to paragraph (9), in the 

15 case of a fully insured widow or surviving 

16 divorced wife, 75 percent of the sum of any 

17 old-age or disability insurance benefit for 

18 which the widow or the surviving divorced 

19 wife is entitled for such month and the pri20 mary insurance amount (as determined for 

21 purposes of this subsection after applica22 tion of subparagraphs (B) and (C)) of such 

23 deceased individual.’’; 

24 (C) in paragraph (5)— 


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1 (i) in subparagraph (A), by striking 

2 ‘‘paragraph (1)(F)’’ and inserting ‘‘para3 graph (1)(E)’’; and 

4 (ii) in subparagraph (B), by striking 

5 ‘‘paragraph (1)(F)(i)’’ and inserting 

6 ‘‘paragraph (1)(E)(i)’’; and 

7 (D) by adding at the end the following: 

8 ‘‘(9) For purposes of paragraph (2)(A)(ii), the 

9 amount determined under such paragraph shall not 

10 exceed the primary insurance amount for such 

11 month of a hypothetical individual— 

12 ‘‘(A) who became entitled to old-age insur13 ance benefits upon attaining early retirement 

14 age during the month in which the deceased in15 dividual referred to in paragraph (1) became 

16 entitled to old-age or disability insurance bene17 fits, or died (before becoming entitled to such 

18 benefits), and 

19 ‘‘(B) to whom wages and self-employment 

20 income were credited in each of such hypo21 thetical individual’s elapsed years (within the 

22 meaning of section 215(b)(2)(B)(iii)) in an 

23 amount equal to the national average wage 

24 index (as described in section 209(k)(1)) for 

25 each such year.’’. 


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1 (2) WIDOWERS.—Section 202(f) of the Social 

2 Security Act (42 U.S.C. 402(f)) is amended— 

3 (A) in paragraph (1)— 

4 (i) in subparagraph (B), by inserting 

5 ‘‘and’’ at the end; 

6 (ii) in subparagraph (C)(iii), by strik7 ing ‘‘and’’ at the end; 

8 (iii) by striking subparagraph (D); 

9 (iv) by redesignating subparagraphs 

10 (E) and (F) as subparagraphs (D) and 

11 (E), respectively; and 

12 (v) in the flush matter following sub13 paragraph (E)(ii), as so redesignated, by 

14 striking ‘‘or becomes entitled to an old-age 

15 insurance benefit’’ and all that follows 

16 through ‘‘such deceased individual,’’; 

17 (B) by striking subparagraph (A) in para18 graph (2) and inserting the following: 

19 ‘‘(2)(A) Except as provided in subsection 

20 (k)(5), subsection (q), and subparagraph (D) of this 

21 paragraph, such widower’s insurance benefit for 

22 each month shall be equal to the greater of— 

23 ‘‘(i) the primary insurance amount (as 

24 determined for purposes of this subsection 


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1 after application of subparagraphs (B) and 

2 (C)) of such deceased individual, or 

3 ‘‘(ii) subject to paragraph (9), in the 

4 case of a fully insured widower or surviving 

5 divorced husband, 75 percent of the sum of 

6 any old-age or disability insurance benefit 

7 for which the widower or the surviving di8 vorced husband is entitled for such month 

9 and the primary insurance amount (as de10 termined for purposes of this subsection 

11 after application of subparagraphs (B) and 

12 (C)) of such deceased individual.’’; 

13 (C) in paragraph (5)— 

14 (i) in subparagraph (A), by striking 

15 ‘‘paragraph (1)(F)’’ and inserting ‘‘para16 graph (1)(E)’’; and 

17 (ii) in subparagraph (B), by striking 

18 ‘‘paragraph (1)(F)(i)’’ and inserting 

19 ‘‘paragraph (1)(E)(i)’’; and 

20 (D) by adding at the end the following: 

21 ‘‘(9) For purposes of paragraph (2)(A)(ii), the 

22 amount determined under such paragraph shall not 

23 exceed the primary insurance amount for such 

24 month of a hypothetical individual— 


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1 ‘‘(A) who became entitled to old-age insur2 ance benefits upon attaining early retirement 

3 age during the month in which the deceased in4 dividual referred to in paragraph (1) became 

5 entitled to old-age or disability insurance bene6 fits, or died (before becoming entitled to such 

7 benefits), and 

8 ‘‘(B) to whom wages and self-employment 

9 income were credited in each of such hypo10 thetical individual’s elapsed years (within the 

11 meaning of section 215(b)(2)(B)(iii)) in an 

12 amount equal to the national average wage 

13 index (as described in section 209(k)(1)) for 

14 each such year.’’. 

15 (b) CONFORMING AMENDMENT.—Section 209(k)(1) 

16 of the Social Security Act (42 U.S.C. 409(k)(1)), as 

17 amended by section 103(c), is further amended by insert18 ing ‘‘202(e)(9), 202(f)(9),’’ after ‘‘sections’’. 

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

20 this section shall apply only with respect to widow’s and 

21 widower’s insurance benefits payable for months in cal22 endar year 2020. 


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1 SEC. 9. INCREASING ACCESS TO BENEFITS FOR CHILDREN 

2 WHO LIVE WITH GRANDPARENTS OR OTHER 

3 RELATIVES. 

4 (a) IN GENERAL.—Title II of the Social Security Act 

5 (42 U.S.C. 401 et seq.) is amended— 

6 (1) in section 202(d)— 

7 (A) in paragraph (1)(C), by inserting ‘‘ex8 cept as provided in paragraph (9),’’ before ‘‘was 

9 dependent’’; and 

10 (B) by amending paragraph (9) to read as 

11 follows: 

12 ‘‘(9)(A) In the case of a child who is the child of an 

13 individual under clause (3) of the first sentence of section 

14 216(e) and is not a child of such individual under clause 

15 (1) or (2) of such first sentence, the criteria specified in 

16 subparagraph (B) shall apply instead of the criteria speci17 fied in subparagraph (C) of paragraph (1). 

18 ‘‘(B) The criteria of this subparagraph are that— 

19 ‘‘(i) the child has been living with such indi20 vidual in the United States for a period of not less 

21 than 12 months; 

22 ‘‘(ii) the child has been receiving not less than 

1 23 ⁄2 of the child’s support from such individual for a 

24 period of not less than 12 months; and 


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1 ‘‘(iii) the period during which the child was liv2 ing with such individual began before the child at3 tained age 18. 

4 ‘‘(C) In the case of a child who is less than 12 months 

5 old, such child shall be deemed to meet the requirements 

6 of subparagraph (B) if, on the date the child attains 1 

7 year of age, such child has lived with such individual in 

the United States and received at least 1 8 ⁄2 of the child’s 

9 support from such individual for substantially all of the 

10 period which began on the date of such child’s birth.’’; 

11 and 

12 (2) in section 216(e), in the first sentence— 

13 (A) by striking ‘‘grandchild or stepgrand14 child of an individual or his spouse’’ and insert15 ing ‘‘grandchild, stepgrandchild, or other first16 degree, second-degree, third-degree, fourth-de17 gree, or fifth-degree relative of an individual or 

18 the individual’s spouse’’; 

19 (B) by striking ‘‘was no natural or adop20 tive parent’’ and inserting ‘‘is no living natural 

21 or adoptive parent’’; 

22 (C) by striking ‘‘was under a disability’’ 

23 and inserting ‘‘is under a disability’’; 


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1 (D) by striking ‘‘living at the time’’ and all 

2 that follows through ‘‘, or (B)’’ and inserting ‘‘, 

3 (B)’’; and 

4 (E) by inserting ‘‘, or (C) a court of com5 petent jurisdiction has issued an order granting 

6 custody of such person to the individual or the 

7 individual’s spouse’’ before the first period. 

8 (b) CONFORMING AMENDMENTS.—Section 202(d)(1) 

9 of the Social Security Act (42 U.S.C. 402(d)(1)) is amend10 ed— 

11 (1) by striking ‘‘subparagraphs (A), (B), and 

12 (C)’’ and inserting ‘‘subparagraphs (A) and (B) and 

13 subparagraph (C) or paragraph (9) (as applicable)’’; 

14 and 

15 (2) by striking ‘‘subparagraphs (B) and (C)’’ 

16 and inserting ‘‘subparagraph (B) and subparagraph 

17 (C) or paragraph (9) (as applicable)’’. 

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

19 this section shall apply with respect to applications for 

20 child’s insurance benefits filed in calendar year 2020, ex21 cept that such amendments shall not apply for purposes 

22 of determining continuing eligibility for child’s insurance 

23 benefits for any month after such calendar year. 


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1 SEC. 10. UPDATE IN ELIGIBILITY FOR THE SUPPLEMENTAL 

2 SECURITY INCOME PROGRAM. 

3 (a) UPDATE IN GENERAL INCOME EXCLUSION.— 

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

5 U.S.C. 1382a(b)(2)(A)) shall be applied for calendar year 

6 2020 by substituting ‘‘$1,476’’ for ‘‘$240’’. 

7 (b) UPDATE IN EARNED INCOME EXCLUSION.—Sec8 tion 1612(b)(4) of such Act (42 U.S.C. 1382a(b)(4)) shall 

9 be applied for calendar year 2020 by substituting ‘‘4,788’’ 

10 for ‘‘$780’’ each place it appears. 

11 (c) UPDATE IN RESOURCE LIMIT FOR INDIVIDUALS

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

13 U.S.C. 1382(a)(3)) is amended— 

14 (1) in subparagraph (A), by adding at the end 

15 the following: ‘‘Notwithstanding the preceding sen16 tence, such dollar amount shall be deemed to be 

17 $20,000 for calendar year 2020 only.’’; and 

18 (2) in subparagraph (B), by adding at the end 

19 the following: ‘‘Notwithstanding the preceding sen20 tence, such dollar amount shall be deemed to be 

21 $10,000 for calendar year 2020 only.’’. 

22 SEC. 11. SUPPORT AND MAINTENANCE FURNISHED IN KIND 

23 NOT INCLUDED AS INCOME. 

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

25 (42 U.S.C. 1382a(a)(2)) is amended— 


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1 (1) by inserting ‘‘(other than support or main2 tenance furnished in kind)’’ after ‘‘all other income’’; 

3 and 

4 (2) in subparagraph (A)— 

5 (A) by striking ‘‘or kind’’; 

6 (B) by striking clause (i) and redesig7 nating clauses (ii) and (iii) as clauses (i) and 

8 (ii), respectively; and 

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

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

11 not be applicable’’. 

12 (b) CONFORMING AMENDMENTS.— 

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

14 1382(c)) is amended by striking paragraph (6) and 

15 redesignating paragraphs (7) through (10) as para16 graphs (6) through (9), respectively. 

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

18 1382a(a)(2)) is amended— 

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

20 ‘‘and’’ at the end; 

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

22 and’’ and inserting a period; 

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

24 the right; and 

25 (D) by striking subparagraph (H). 


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

2 1382j(c)) is amended to read as follows: 

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

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

5 the United States, support or maintenance furnished in 

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

7 that it reflects income or resources which were taken into 

8 account in determining the amount of income and re9 sources to be deemed to the alien under subsection (a) 

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

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

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

13 this section shall apply for purposes of determining eligi14 bility to supplemental security income benefits for months 

15 during calendar year 2020. 

16 SEC. 12. HOLDING SSI, MEDICAID, AND CHIP BENE17 FICIARIES HARMLESS. 

18 For purposes of determining the income of an indi19 vidual to establish eligibility for, and the amount of, bene20 fits payable under title XVI of the Social Security Act, 

21 eligibility for medical assistance under the State plan 

22 under title XIX (or a waiver of such plan), or eligibility 

23 for child health assistance under the State child health 

24 plan under title XXI (or a waiver of the plan), the amount 

25 of any benefit to which the individual is entitled under 


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1 title II of such Act shall be deemed not to exceed the 

2 amount of the benefit that would be determined for such 

3 individual under such title as in effect on the day before 

4 the date of the enactment of this Act. 

5 SEC. 13. EXPEDITED ADJUSTMENT OF UNDERPAYMENTS. 

6 In any case in which, as a result of a provision of 

7 this Act or an amendment made by this Act, the Commis8 sioner determines that an underpayment of benefits has 

9 occurred, the Commissioner shall pay the balance of the 

10 amount due as soon as practicable after the date of enact11 ment of this Act. 

12 SEC. 14. APPROPRIATION OF FUNDS. 

13 There are appropriated from the general fund of the 

14 Treasury to the Federal Old-Age and Survivors Insurance 

15 Trust Fund and the Federal Disability Insurance Trust 

16 Fund such sums as necessary to pay for the increases in 

17 benefits paid from such Trust Funds attributable to sec18 tions 3 through 9 of this Act and the amendments made 

19 by such sections. 

Æ 


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