II 

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. 

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 2021’’. 

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

7 this Act is as follows: 

Sec. 1. Short title; table of contents. 


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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. 

1 SEC. 2. 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)) is amended by striking ‘‘$240’’ 

6 and inserting ‘‘$1,536 (increased as described in section 

7 1617(d) for each calendar year after 2022)’’. 

8 (b) UPDATE IN EARNED INCOME EXCLUSION.—Sec9 tion 1612(b)(4) of such Act (42 U.S.C. 1382a(b)(4)) is 

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

11 inserting ‘‘$4,992 (increased as described in section 

12 1617(d) for each calendar year after 2022)’’. 

13 (c) UPDATE IN RESOURCE LIMIT FOR INDIVIDUALS

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

15 U.S.C. 1382(a)(3)) is amended— 

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

17 and all that follows through the end of the subpara18 graph and inserting ‘‘$20,000 in calendar year 


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1 2022, and shall be increased as described in section 

2 1617(d) for each subsequent calendar year.’’; and 

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

4 and all that follows through the end of the subpara5 graph and inserting ‘‘$10,000 in calendar year 

6 2022, and shall be increased as described in section 

7 1617(d) for each subsequent calendar year.’’. 

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

9 Act (42 U.S.C. 1382f) is amended— 

10 (1) in the section heading, by inserting ‘‘; IN11 FLATION ADJUSTMENT’’ after ‘‘BENEFITS’’; and 

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

13 ‘‘(d) In the case of any calendar year after 2022, each 

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

15 1612(b)(2)(A), and 1612(b)(4) shall be increased by mul16 tiplying each such amount by the quotient (not less than 

17 1) obtained by dividing— 

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

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

20 Bureau of Labor Statistics of the Department of 

21 Labor) for the 12-month period ending with Sep22 tember of the preceding calendar year, by 

23 ‘‘(2) such average for the 12-month period end24 ing with September 2021.’’. 


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1 SEC. 3. UPDATE IN SUPPLEMENTAL SECURITY INCOME 

2 BENEFIT AMOUNTS AND REPEAL OF MAR3 RIAGE PENALTY. 

4 (a) IN GENERAL.—Section 1611(b) of the Social Se5 curity Act (42 U.S.C. 1382(b)) is amended— 

6 (1) in paragraphs (1) and (2), by inserting 

7 ‘‘through calendar year 2021’’ after ‘‘any calendar 

8 year thereafter’’; and 

9 (2) by adding at the end the following new 

10 paragraph: 

11 ‘‘(3) The benefit under this title for calendar 

12 year 2022 and each calendar year thereafter shall be 

13 equal to— 

14 ‘‘(A) for an individual who does not have 

15 an eligible spouse, an amount equal to the pov16 erty line (as defined in section 2110(c)(5)) ap17 plicable to a family of 1 for the calendar year 

18 involved; and 

19 ‘‘(B) for an individual who has an eligible 

20 spouse, an amount equal to twice the amount 

21 specified for the calendar year involved under 

22 subparagraph (A), 

23 reduced by the amount of income, not excluded pur24 suant to section 1612(b), of such individual and (if 

25 applicable) such eligible spouse.’’. 

26 (b) CONFORMING AMENDMENTS.— 


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1 (1) Section 1617(a)(1) of the Social Security 

2 Act (42 U.S.C. 1382f(a)(1)) is amended by striking 

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

4 (a)(2)(A)’’. 

5 (2) Section 1619(a)(1) of such Act (42 U.S.C. 

6 1382h(a)(1)) is amended by striking ‘‘under section 

7 1611(b)(1) (or, in the case of an individual who has 

8 an eligible spouse, under section 1611(b)(2))’’ and 

9 inserting ‘‘under section 1611(b)(3)(A) (or, in the 

10 case of an individual who has an eligible spouse, 

11 under section 1611(b)(3)(B))’’. 

12 (3) Section 1621(b)(1)(B)(i) of such Act (42 

13 U.S.C. 1382j(b)(1)(B)(i)) is amended by striking 

14 ‘‘section 1611(b)(1)’’ and inserting 

15 ‘‘1611(b)(3)(A)’’. 

16 (4) Section 1903(f)(4)(C) of such Act (42 

17 U.S.C. 1396b(f)(4)(C)) is amended by striking ‘‘sec18 tion 1611(b)(1)’’ and inserting ‘‘section 

19 1611(b)(3)(A)’’. 

20 (5) Section 1915(h)(6)(A) of such Act (42 

21 U.S.C. 1396n(h)(6)(A)) is amended by striking ‘‘sec22 tion 1611(b)(1)’’ and inserting ‘‘section 

23 1611(b)(3)(A)’’. 


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1 SEC. 4. SUPPORT AND MAINTENANCE FURNISHED IN KIND 

2 NOT INCLUDED AS INCOME. 

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

4 (42 U.S.C. 1382a(a)(2)) is amended— 

5 (1) by inserting ‘‘(other than support or main6 tenance furnished in kind)’’ after ‘‘all other income’’; 

7 and 

8 (2) in subparagraph (A)— 

9 (A) by striking ‘‘or kind’’; 

10 (B) by striking clause (i) and redesig11 nating clauses (ii) and (iii) as clauses (i) and 

12 (ii), respectively; and 

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

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

15 not be applicable’’. 

16 (b) CONFORMING AMENDMENTS.— 

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

18 1382(c)) is amended by striking paragraph (6) and 

19 redesignating paragraphs (7) through (10) as para20 graphs (6) through (9), respectively. 

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

22 1382a(a)(2)) is amended— 

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

24 ‘‘and’’ at the end; 

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

26 and’’ and inserting a period; 


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

2 the right; and 

3 (D) by striking subparagraph (H). 

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

5 1382j(c)) is amended to read as follows: 

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

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

8 the United States, support or maintenance furnished in 

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

10 that it reflects income or resources which were taken into 

11 account in determining the amount of income and re12 sources to be deemed to the alien under subsection (a) 

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

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

15 SEC. 5. EXCLUSION OF RETIREMENT ACCOUNTS FROM RE16 SOURCES. 

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

18 1382b(a)) is amended— 

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

20 inserting a semicolon; 

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

22 the end and inserting ‘‘; and’’; and 

23 (3) by inserting after paragraph (17) the fol24 lowing new paragraph: 


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

2 deferred compensation plan (as such terms are de3 fined in sections 4974(c) and 457(b), respectively, of 

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

5 SEC. 6. REPEAL OF PENALTY FOR DISPOSAL OF RE6 SOURCES FOR LESS THAN FAIR MARKET 

7 VALUE. 

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

9 amended to read as follows: 

10 ‘‘(c) NOTIFICATION OF MEDICAID POLICY RESTRICT11 ING ELIGIBILITY OF INSTITUTIONALIZED INDIVIDUALS

12 FOR BENEFITS BASED ON DISPOSAL OF RESOURCES FOR

13 LESS THAN FAIR MARKET VALUE.— 

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

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

16 for benefits under this title, and at the time the eli17 gibility of an individual (and such spouse, if any) for 

18 such benefits is redetermined, the Commissioner of 

19 Social Security shall— 

20 ‘‘(A) inform such individual of the provi21 sions of section 1917(c) providing for a period 

22 of ineligibility for benefits under title XIX for 

23 individuals who make certain dispositions of re24 sources for less than fair market value, and in25 form such individual that information obtained 


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1 pursuant to subparagraph (B) will be made 

2 available to the State agency administering a 

3 State plan under title XIX (as provided in 

4 paragraph (2)); and 

5 ‘‘(B) obtain from such individual informa6 tion which may be used by the State agency in 

7 determining whether or not a period of ineligi8 bility for such benefits would be required by 

9 reason of section 1917(c). 

10 ‘‘(2) PROVISION OF INFORMATION TO STATE

11 MEDICAID AGENCIES.—The Commissioner of Social 

12 Security shall make the information obtained under 

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

14 agency administering a State plan approved under 

15 title XIX.’’. 

16 SEC. 7. CLARIFYING THE TREATMENT OF CERTAIN STATE 

17 TAX CREDITS. 

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

19 1382a) is amended— 

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

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

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

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

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

25 the Secretary)’’; and 


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1 (2) in section 1613(a)(11)— 

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

3 and any refund of State income taxes made to 

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

5 State child tax credit (as defined by the Sec6 retary)’’ before the semicolon; and 

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

8 any payment’’ and all that follows through 

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

10 State income taxes made to such individual (or 

11 such spouse) by reason of a State earned in12 come tax credit (as defined by the Secretary)’’. 

13 SEC. 8. ELIMINATION OF DEDICATED ACCOUNTS FOR CER14 TAIN PAST-DUE BENEFITS. 

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

16 Security Act (42 U.S.C. 1383(a)(2)) is amended by strik17 ing subparagraph (F). 

18 (b) CONFORMING AMENDMENTS.— 

19 (1) RELATING TO PAYMENTS AND PROCE20 DURES.—Section 1631(a)(2) of the Social Security 

21 Act (42 U.S.C. 1383(a)(2)), as amended by sub22 section (a), is amended— 

23 (A) by redesignating subparagraphs (G), 

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

25 (H), respectively; 


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1 (B) in subparagraph (B)(vii)(I), by strik2 ing ‘‘subparagraph (I)’’ and inserting ‘‘subpara3 graph (H)’’; 

4 (C) in subparagraph (D)— 

5 (i) in clause (i), by striking ‘‘subpara6 graphs (E) and (F)’’ and inserting ‘‘sub7 paragraph (E)’’; and 

8 (ii) in clause (ii), by striking ‘‘sub9 paragraph (I)’’ and inserting ‘‘subpara10 graph (H)’’; 

11 (D) in subparagraph (E), by striking ‘‘sub12 paragraph (H)(ii)’’ and inserting ‘‘subpara13 graph (G)(ii)’’; and 

14 (E) in subparagraph (G)(i)(II), as redesig15 nated by subparagraph (A), by striking ‘‘sub16 paragraph (I)’’ and inserting ‘‘subparagraph 

17 (H)’’. 

18 (2) EXCLUSIONS FROM INCOME.— 

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

20 Social Security Act is amended— 

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

22 (ii) by redesignating paragraphs (22) 

23 through (26) as paragraphs (21) through 

24 (25), respectively. 


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1 (B) CONFORMING AMENDMENT.—Section 

2 1613(a)(17) of such Act is amended by striking 

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

4 1612(b)(25)’’. 

5 (3) EXCLUSIONS FROM RESOURCES.—Section 

6 1613(a) of the Social Security Act, as amended by 

7 section 5, is amended— 

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

9 (B) by redesignating paragraphs (13) 

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

11 respectively. 

12 (c) TREATMENT OF AMOUNTS TRANSFERRED FROM

13 DEDICATED ACCOUNTS.—Amounts transferred from an 

14 account established on behalf of an individual as described 

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

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

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

18 individual as a result of the amendments made by this 

19 section shall not be taken into account as income or re20 sources of such individual for purposes of determining the 

21 eligibility of such individual or any other individual for 

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

23 benefits or assistance, under title XVI of the Social Secu24 rity Act (42 U.S.C. 1381 et seq.), under any other Federal 


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1 program, or under any State or local program financed 

2 in whole or in part with Federal funds. 

3 SEC. 9. ELIMINATION OF INSTALLMENT PAYMENT RE4 QUIREMENT. 

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

6 1383(a)) is amended by striking paragraph (10). 

7 SEC. 10. EXTENSION OF PERIOD OF EXCLUSION OF CER8 TAIN PAYMENTS FROM COUNTABLE RE9 SOURCES. 

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

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

12 and inserting ‘‘21 months’’. 

13 SEC. 11. MODIFICATION OF RULES TO DETERMINE MAR14 ITAL RELATIONSHIPS. 

15 (a) IN GENERAL.—Section 1614(d) of the Social Se16 curity Act (42 U.S.C. 1382c(d)) is amended by striking 

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

18 subsection and inserting ‘‘except that if two individuals 

19 have been determined to be married under section 

20 216(h)(1) for purposes of title II they shall be considered 

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

22 of their application for benefits under this title, whichever 

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

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

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


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1 (1) in section 1611(e)(3)— 

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

3 place it appears and inserting ‘‘two married in4 dividuals’’; and 

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

6 and inserting ‘‘such married individuals’’; 

7 (2) in section 1614(b)— 

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

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

10 and 

11 (B) in the second sentence, by striking 

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

13 and 

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

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

16 SEC. 12. EFFECTIVE DATE. 

17 The amendments made by this Act shall take effect 

18 on January 1, 2022. 

Æ 


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