II 

117TH CONGRESS 

1ST SESSION S. 2397 

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 

JULY 20, 2021 

Mr. VAN HOLLEN (for himself and Mr. SANDERS) 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. 

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 ‘‘Helping Students Suc5 cessfully Overcome Adversity and Rise with Social Secu6 rity Act’’ or the ‘‘Helping Students SOAR with Social Se7 curity Act’’. 


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1 SEC. 2. EXTENSION OF CHILD’S BENEFIT FOR CERTAIN 

2 STUDENTS UNDER AGE 26. 

3 (a) IN GENERAL.—Section 202(d)(1)(B) of the So4 cial Security Act (42 U.S.C. 402(d)(1)(B)) is amended to 

5 read as follows: 

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

7 was unmarried and— 

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

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

10 secondary school student and had not at11 tained the age of 19, 

12 ‘‘(iii) was a qualifying post-secondary 

13 school student and had not attained the 

14 age of 26, but only in the case of the child 

15 of an individual who— 

16 ‘‘(I) is entitled to disability insur17 ance benefits or was entitled to such 

18 benefits until the month the individual 

19 attained retirement age, 

20 ‘‘(II) died a fully or currently in21 sured individual, or 

22 ‘‘(III) is entitled to old-age insur23 ance benefits, but only if the child is 

24 the child of the individual pursuant to 

25 clause (3) of section 216(e), or 


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

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

3 attained the age of 22, and’’. 

4 (b) DEFINITION OF QUALIFYING POST-SECONDARY

5 SCHOOL STUDENT.— 

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

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

8 (A) in subparagraph (A)— 

9 (i) in the first sentence— 

10 (I) by inserting ‘‘and a ‘quali11 fying post-secondary school student’ is 

12 an individual who is in at least half13 time attendance as a student at a 

14 post-secondary school or a comprehen15 sive transition and postsecondary pro16 gram’’ before ‘‘, as determined by the 

17 Commissioner of Social Security’’; 

18 (II) by striking ‘‘if he is paid by 

19 his employer’’ and inserting ‘‘or a 

20 ‘qualifying post-secondary school stu21 dent’ if the individual is paid by the 

22 individual’s employer’’; 

23 (III) by striking ‘‘at the request, 

24 or pursuant to a requirement, of his 

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1 secondary school at the request of, or 

2 pursuant to a requirement of, the in3 dividual’s employer’’; and 

4 (IV) by inserting ‘‘(unless the in5 dividual is employed by such employer 

6 under a registered apprenticeship pro7 gram)’’ before the period; and 

8 (ii) in the third sentence, by striking 

9 ‘‘shall be deemed to be such a student’’ 

10 and inserting ‘‘, who is determined to be a 

11 student in at least half-time attendance at 

12 a post-secondary school, shall be deemed to 

13 be such a student’’; and 

14 (B) in subparagraph (B)— 

15 (i) by inserting ‘‘or a qualifying post16 secondary school student’’ before ‘‘during 

17 any period’’; 

18 (ii) by inserting ‘‘or, in the case of a 

19 qualifying post-secondary school student, 

20 any period of nonattendance at a post-sec21 ondary school at which the individual has 

22 been in at least half-time attendance’’ after 

23 ‘‘full-time attendance’’; and 

24 (iii) by inserting ‘‘or, in the case of a 

25 qualifying post-secondary school student, 


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1 in at least half-time attendance at a post2 secondary school’’ before ‘‘immediately fol3 lowing such period’’ each place it appears. 

4 (2) TRANSITION FROM ELEMENTARY OR SEC5 ONDARY SCHOOL.—Section 202(d)(7)(B) of such Act 

6 (42 U.S.C. 402(d)(7)(B)) is amended by adding at 

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

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

9 secondary school shall, during a succeeding period of 

10 nonattendance at such school, be deemed to be a 

11 qualifying post-secondary school student if (i) such 

12 period is 4 calendar months or less, and (ii) the indi13 vidual shows to the satisfaction of the Commissioner 

14 that he intends to be in at least half-time attendance 

15 at a post-secondary school or a comprehensive tran16 sition and postsecondary program immediately fol17 lowing such period.’’. 

18 (c) DEFINITIONS OF POST-SECONDARY SCHOOL, 

19 REGISTERED APPRENTICESHIP PROGRAM, AND COM20 PREHENSIVE TRANSITION AND POSTSECONDARY PRO21 GRAM.—Section 202(d)(7)(C) of such Act (42 U.S.C. 

22 402(d)(7)(C)) is amended by adding at the end the fol23 lowing: 

24 ‘‘(iii) A ‘post-secondary school’ is an 

25 institution described in section 102 of the 


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1 Higher Education Act of 1965 (20 U.S.C. 

2 1002). 

3 ‘‘(iv) A ‘registered apprenticeship pro4 gram’ is a program registered under the 

5 Act of August 16, 1937 (commonly known 

6 as the ‘National Apprenticeship Act’). 

7 ‘‘(v) A ‘comprehensive transition and 

8 postsecondary program’ is a program de9 fined under paragraph (1) of section 760 

10 of the Higher Education Opportunity Act 

11 of 2008 (20 U.S.C. 1140).’’. 

12 (d) CONFORMING AMENDMENTS.— 

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

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

15 (in the case of the child of an individual described 

16 in subparagraph (B)(iii)) a qualifying post-secondary 

17 school student’’ after ‘‘student’’. 

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

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

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

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

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

23 which the child is a full-time elementary or 

24 secondary school student or (in the case of 

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1 paragraph (B)(iii)) a qualifying post-sec2 ondary school student, 

3 ‘‘(ii) the month in which the child at4 tains the age of 19, but (in the case of the 

5 child of an individual described in subpara6 graph (B)(iii)) only if the child is not a 

7 qualifying post-secondary school student 

8 during any part of such month, or 

9 ‘‘(iii) the month in which the child at10 tains the age of 26,’’. 

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 ‘‘(ii) the first month during no part of 

17 which the child is a full-time elementary or 

18 secondary school student or (in the case of 

19 the child of an individual who is described 

20 in subparagraph (B)(iii)) a qualifying post21 secondary school student, 

22 ‘‘(iii) the month in which the child at23 tains the age of 19, but (in the case of the 

24 child of an individual who is described in 

25 subparagraph (B)(iii)) only if the child is 


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1 not a qualifying post-secondary school stu2 dent during any part of such month, or 

3 ‘‘(iv) the month in which the child at4 tains the age of 26,’’. 

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

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

7 ‘‘(A)(i) is a full-time elementary or sec8 ondary school student and has not attained the 

9 age of 19, 

10 ‘‘(ii) in the case of the child of an indi11 vidual who is described in paragraph (1)(B)(iii), 

12 is a qualifying post-secondary school student 

13 and has not attained the age of 26, or 

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

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

16 22, or’’. 

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

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

19 ‘‘(D) the earlier of— 

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

21 which the child is— 

22 ‘‘(I) under a disability (as so de23 fined), 

24 ‘‘(II) a full-time elementary or 

25 secondary school student, or 


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1 ‘‘(III) in the case of the child of 

2 an individual who is described in 

3 paragraph (1)(B)(iii), a qualifying 

4 post-secondary school student, 

5 ‘‘(ii) the month in which the child at6 tains the age of 19, but only if— 

7 ‘‘(I) the child is not under a dis8 ability (as so defined) in such month, 

9 ‘‘(II) in the case of the child of 

10 an individual who is described in 

11 paragraph (1)(B)(iii), the child is not 

12 a qualifying post-secondary school stu13 dent during any part of such month, 

14 or 

15 ‘‘(iii) the month in which the child at16 tains the age of 26, but only if the child 

17 is not under a disability (as so defined) in 

18 such month; or’’. 

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

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

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

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

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

24 which the child is a full-time elementary or 

25 secondary school student or (in the case of 


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1 the child of an individual who is described 

2 in paragraph (1)(B)(iii)) a qualifying post3 secondary school student, 

4 ‘‘(ii) the month in which the child at5 tains the age of 19, but (in the case of the 

6 child of an individual who is described in 

7 paragraph (1)(B)(iii)) only if the child is 

8 not a qualifying post-secondary school stu9 dent during any part of such month, or 

10 ‘‘(iii) the month in which the child at11 tains the age of 26.’’. 

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

13 U.S.C. 402(d)(7)(D)) is amended— 

14 (A) by striking ‘‘A child who’’ and insert15 ing ‘‘(i) A child who’’; 

16 (B) by striking ‘‘clause (i) of paragraph 

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

18 (1)(B)’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(ii) If the child of an individual who is de21 scribed in paragraph (1)(B)(iii) attains age 26 

22 at a time when the child is a qualifying post23 secondary school student (as defined in sub24 paragraph (A) of this paragraph and without 

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1 graph) on the basis of the child’s attendance at 

2 a post-secondary school or a comprehensive 

3 transition and postsecondary program (as such 

4 terms are defined in subparagraph (C)) but has 

5 not (at such time) completed the requirements 

6 for, or received, a diploma or equivalent certifi7 cate from such school or program shall be 

8 deemed (for purposes of determining whether 

9 the child’s entitlement to benefits under this 

10 subsection has terminated under paragraph 

11 (1)(F) and for purposes of determining the 

12 child’s initial entitlement to such benefits under 

13 clause (iii) of paragraph (1)(B)) not to have at14 tained such age until the first day of the first 

15 month following the end of the quarter or se16 mester in which the child is enrolled at such 

17 time (or, if the post-secondary school or com18 prehensive transition and postsecondary pro19 gram (as so defined) in which the child is en20 rolled is not operated on a quarter or semester 

21 system, until the first day of the first month 

22 following the completion of the courses in which 

23 the child is so enrolled on the date the child at24 tains age 26 or until the first day of the third 


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1 month beginning after such time, whichever 

2 first occurs).’’. 

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

4 this section shall take effect on the date of enactment of 

5 this Act, and shall apply to applications for child’s insur6 ance benefits under title II of the Social Security Act (42 

7 U.S.C. 401 et seq.) filed on or after such date. 

Æ 


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