II 

117TH CONGRESS 

1ST SESSION S. 3071 

To protect our Social Security system and improve benefits for current and 

future generations. 

IN THE SENATE OF THE UNITED STATES 

OCTOBER 26, 2021 

Mr. BLUMENTHAL (for himself and Mr. VAN HOLLEN) introduced the 

following bill; which was read twice and referred to the Committee on Finance 

A BILL 

To protect our Social Security system and improve benefits 

for current and future generations. 

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 ‘‘Social Security 2100: A 

5 Sacred Trust’’. 

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. 

TITLE I—STRENGTHENING BENEFITS 

Sec. 101. Across-the-board benefit increase. 

Sec. 102. More accurate cost-of-living adjustment. 


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Sec. 103. Increasing the minimum benefit for long-term low earners. 

Sec. 104. Increasing threshold amounts and rate for inclusion of Social Security benefits in income. 

Sec. 105. Improving benefits for widows and widowers in two-income households. 

Sec. 106. Increasing benefits for beneficiaries after 15 years of eligibility. 

Sec. 107. Providing caregiver credits for Social Security. 

Sec. 108. Eliminating the 5-month waiting period for disability benefits. 

Sec. 109. Establishing a gradual offset for disability beneficiaries with earnings. 

Sec. 110. Repealing the government pension offset and windfall elimination 

provisions. 

Sec. 111. Extending the child’s benefit for post-secondary school students 

under age 26. 

Sec. 112. Increasing access to benefits for children who live with grandparents 

or other relatives. 

Sec. 113. Preventing an unintended drop in benefits relating to the application 

of the National Average Wage Index. 

Sec. 114. Holding SSI, Medicaid, and CHIP beneficiaries harmless. 

TITLE II—STRENGTHENING THE TRUST FUND 

Sec. 201. Determining wages and self-employment income above contribution 

and benefit base after 2021. 

Sec. 202. Including earnings over $400,000 in Social Security benefit formula. 

Sec. 203. Establishing the Social Security Trust Fund. 

TITLE III—STRENGTHENING SERVICE DELIVERY 

Sec. 301. Clarifying the requirement to mail Social Security account statements. 

Sec. 302. Preventing closure of field and hearing offices and resident or rural 

contact stations. 

Sec. 303. Ensuring access to professional representation. 

1 TITLE I—STRENGTHENING 

2 BENEFITS 

3 SEC. 101. ACROSS-THE-BOARD BENEFIT INCREASE. 

4 (a) IN GENERAL.— 

5 (1) INCREASE IN PRIMARY INSURANCE AMOUNT

6 COMPUTATION FORMULA.—Section 215(a)(1)(A)(i) 

7 of the Social Security Act (42 U.S.C. 

8 415(a)(1)(A)(i)) is amended by striking ‘‘90 per9 cent’’ and inserting ‘‘93 percent’’. 


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1 (b) CONFORMING AMENDMENT.—Section 215(a)(7) 

2 of such Act (42 U.S.C. 415(a)(7)) is amended by adding 

3 at the end the following: 

4 ‘‘(F) With respect to monthly benefits payable for 

5 months in calendar years 2022 through 2026, this para6 graph shall be applied by increasing by 3 percentage 

7 points each of the percentages specified in subparagraph 

8 (B)(ii) and in the table in subparagraph (D).’’. 

9 (c) EFFECTIVE DATE.— 

10 (1) IN GENERAL.—The amendments made by 

11 this section shall apply with respect to monthly in12 surance benefits payable for months in calendar 

13 years 2022 through 2026. 

14 (2) RECOMPUTATION OF PRIMARY INSURANCE

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

16 Social Security Act, the Commissioner of Social Se17 curity shall recompute primary insurance amounts 

18 to the extent necessary— 

19 (A) to carry out the amendments made by 

20 this section; and 

21 (B) to account for the nonapplication of 

22 such amendments after calendar year 2026. 

23 (d) RULE OF CONSTRUCTION.—For purposes of ap24 plying subparagraphs (A) and (B) of section 215(i)(1) of 

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


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1 this section or the amendments made by this section shall 

2 be considered a general benefit increase under title II of 

3 such Act. 

4 SEC. 102. MORE ACCURATE COST-OF-LIVING ADJUSTMENT. 

5 (a) IN GENERAL.—Section 215(i)(1) of the Social Se6 curity Act (42 U.S.C. 415(i)(1)) is amended by adding 

7 at the end the following new subparagraph: 

8 ‘‘(H) the term ‘Consumer Price Index’ means 

9 the Consumer Price Index for Elderly Consumers 

10 (CPI–E, as published by the Bureau of Labor Sta11 tistics of the Department of Labor).’’. 

12 (b) APPLICATION TO PRE-1979 LAW.— 

13 (1) IN GENERAL.—Section 215(i)(1) of the So14 cial Security Act as in effect in December 1978, and 

15 as applied in certain cases under the provisions of 

16 such Act as in effect after December 1978, is 

17 amended by adding at the end the following new 

18 subparagraph: 

19 ‘‘(D) the term ‘Consumer Price Index’ means 

20 the Consumer Price Index for Elderly Consumers 

21 (CPI–E, as published by the Bureau of Labor Sta22 tistics of the Department of Labor).’’. 

23 (2) CONFORMING CHANGE.—Section 215(i)(4) 

24 of the Social Security Act (42 U.S.C. 415(i)(4)) is 


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1 amended by inserting ‘‘and by section 102 of Social 

2 Security 2100: A Sacred Trust’’ after ‘‘1986’’. 

3 (c) NO EFFECT ON ADJUSTMENTS UNDER OTHER

4 LAWS.—Section 215(i) of the Social Security Act (42 

5 U.S.C. 415(i)) is amended by adding at the end the fol6 lowing: 

7 ‘‘(6) Any provision of law (other than in this title, 

8 title VIII, or title XVI) which provides for adjustment of 

9 an amount based on a change in benefit amounts resulting 

10 from a determination made under this subsection shall be 

11 applied and administered without regard to the amend12 ments made by subsections (a) and (b) of section 102 of 

13 Social Security 2100: A Sacred Trust.’’. 

14 (d) PUBLICATION OF CONSUMER PRICE INDEX FOR

15 ELDERLY CONSUMERS.—The Bureau of Labor Statistics 

16 of the Department of Labor shall prepare and publish an 

17 index for each calendar month to be known as the ‘‘Con18 sumer Price Index for Elderly Consumers’’ that indicates 

19 changes over time in expenditures for consumption which 

20 are typical for individuals in the United States who have 

21 attained age 62. 

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

23 this section shall apply to determinations made with re24 spect to cost-of-living computation quarters (as defined in 

25 section 215(i)(1)(B) of the Social Security Act (42 U.S.C. 


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1 415(i)(1)(B))) ending on September 30 of calendar years 

2 2022 through 2026. 

3 SEC. 103. INCREASING THE MINIMUM BENEFIT FOR LONG4 TERM LOW EARNERS. 

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

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

7 (1) by redesignating subparagraph (D) as sub8 paragraph (E); and 

9 (2) by inserting after subparagraph (C) the fol10 lowing new subparagraph: 

11 ‘‘(D)(i) Effective with respect to the benefits of indi12 viduals who become eligible for old-age insurance benefits 

13 or disability insurance benefits (or die before becoming so 

14 eligible) after 2021, no primary insurance amount com15 puted under subparagraph (A) may be less than the great16 er of— 

17 ‘‘(I) the minimum monthly amount computed 

18 under subparagraph (C); or 

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

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

21 the alternative minimum amount determined under 

22 clause (ii). 

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

under this clause is the applicable percentage of 1 24 ⁄12 of 


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1 the annual dollar amount determined under clause (iii) for 

2 the year in which the amount is determined. 

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

4 percentage is the percentage specified in connection with 

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

6 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. 

7 ‘‘(iii) The annual dollar amount determined under 

8 this clause is— 

9 ‘‘(I) for calendar year 2022, the poverty guide10 line for 2021; and 

11 ‘‘(II) for any calendar year after 2022, the an12 nual dollar amount established for the calendar year 

13 preceding such calendar year, or, if larger, the anVerDate Sep 11 2014 03:50 Nov 04, 2021 Jkt 029200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S3071.IS S3071

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1 nual dollar amount for 2022 multiplied by the ratio 

2 of— 

3 ‘‘(aa) the national average wage index (as 

4 defined in section 209(k)(1)) for the second cal5 endar year preceding the calendar year for 

6 which the determination is made, to 

7 ‘‘(bb) the national average wage index (as 

8 so defined) for 2020. 

9 ‘‘(iv) For purposes of this subparagraph— 

10 ‘‘(I) the term ‘year of work’ means, with re11 spect to an individual, a year to which 4 quarters of 

12 coverage have been credited based on such individ13 ual’s wages and self-employment income; and 

14 ‘‘(II) the term ‘poverty guideline for 2021’ 

15 means the annual poverty guideline for 2021 (as up16 dated annually in the Federal Register by the De17 partment of Health and Human Services under the 

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

19 Reconciliation Act of 1981) as applicable to a single 

20 individual.’’. 

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

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

23 ‘‘215(a)(1)(E),’’ after ‘‘215(a)(1)(D),’’. 

24 (c) EFFECTIVE DATE.— 


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1 (1) IN GENERAL.—The amendments made by 

2 this section shall apply with respect to monthly in3 surance benefits payable for months in calendar 

4 years 2022 through 2026. 

5 (2) RECOMPUTATION OF PRIMARY INSURANCE

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

7 Social Security Act, the Commissioner of Social Se8 curity shall recompute primary insurance amounts 

9 to the extent necessary— 

10 (A) to carry out the amendments made by 

11 this section; and 

12 (B) to account for the nonapplication of 

13 such amendments after calendar year 2026. 

14 SEC. 104. INCREASING THRESHOLD AMOUNTS AND RATE 

15 FOR INCLUSION OF SOCIAL SECURITY BENE16 FITS IN INCOME. 

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

18 Internal Revenue Code of 1986 is amended to read as fol19 lows: 

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

21 year of any taxpayer described in subsection (b) (notwith22 standing section 207 of the Social Security Act) includes 

23 Social Security benefits in an amount equal to the lesser 

24 of— 


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

2 received during the taxable year, or 

3 ‘‘(2) one-half of the excess described in sub4 section (b)(1).’’. 

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

6 such Code is amended to read as follows: 

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

8 the term ‘base amount’ means— 

9 ‘‘(1) except as otherwise provided in this para10 graph, $35,000, 

11 ‘‘(2) $50,000 in the case of a joint return, and 

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

13 ‘‘(A) is married as of the close of the tax14 able year (within the meaning of section 7703) 

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

16 and 

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

18 all times during the taxable year.’’. 

19 (c) TRANSFERS TO TRUST FUNDS.— 

20 (1) HOSPITAL INSURANCE TRUST FUND HELD

21 HARMLESS.—Of the total revenue from taxation of 

22 social security benefits, there are appropriated to the 

23 Federal Hospital Insurance Trust Fund such 

24 amounts as would be transferred to such fund under 

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


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1 1983 (42 U.S.C. 401 note) and section 86 of such 

2 Code as such sections were in effect on the day be3 fore the date of the enactment of this Act, at such 

4 times and in such manner as would be provided 

5 therein. 

6 (2) TRANSFERS TO PAYOR FUNDS.—Of the bal7 ance of the total revenue from taxation of social se8 curity benefits remaining after appropriations under 

9 paragraph (1) have been made, there are appro10 priated to each payor fund amounts equivalent to 

11 the portion of such balance equal to a fraction— 

12 (A) the numerator of which is the amount 

13 equivalent to the net revenues received in the 

14 Treasury attributable to the application of sec15 tions 86 and 871(a)(3) of such Code to pay16 ments from such payor fund made in taxable 

17 years beginning after December 31, 2021, and 

18 before January 1, 2027; and 

19 (B) the denominator of which is the total 

20 revenue from taxation of social security bene21 fits. 

22 (3) TRANSFERS.—The amounts appropriated 

23 by paragraph (2) to any payor fund shall be trans24 ferred from time to time (but not less frequently 

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1 ury on the basis of estimates made by the Secretary 

2 of the Treasury of the amounts referred to in such 

3 paragraph. Any such quarterly payment shall be 

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

5 into account social security benefits estimated to be 

6 received during such quarter. Proper adjustments 

7 shall be made in the amounts subsequently trans8 ferred to the extent prior estimates were in excess 

9 of or less than the amounts required to be trans10 ferred. 

11 (4) DEFINITIONS.—For purposes of this sub12 section— 

13 (A) TOTAL REVENUE FROM TAXATION OF

14 SOCIAL SECURITY BENEFITS.—The term ‘‘total 

15 revenue from taxation of social security bene16 fits’’ means the amount equivalent to the net 

17 revenues received in the Treasury attributable 

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

19 of the Internal Revenue Code of 1986 to pay20 ments from any payor fund made in taxable 

21 years beginning after December 31, 2021, and 

22 before January 1, 2027. 

23 (B) PAYOR FUND.—The term ‘‘payor 

24 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 AMENDMENT.—Section 

8 121(e) of the Social Security Amendments of 1983 

9 (42 U.S.C. 401 note) is repealed. 

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

11 this section shall apply to taxable years beginning after 

12 December 31, 2021, and before January 1, 2027. 

13 SEC. 105. IMPROVING BENEFITS FOR WIDOWS AND WID14 OWERS IN TWO-INCOME HOUSEHOLDS. 

15 (a) IN GENERAL.— 

16 (1) WIDOWS.—Section 202(e) of the Social Se17 curity Act (42 U.S.C. 402(e)) is amended— 

18 (A) in paragraph (1)— 

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

20 ‘‘and’’ at the end; 

21 (ii) in subparagraph (C)(iii), by strik22 ing ‘‘and’’ at the end; 

23 (iii) by striking subparagraph (D); 


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1 (iv) by redesignating subparagraphs 

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

3 (E), respectively; and 

4 (v) in the flush matter following sub5 paragraph (E)(ii), as so redesignated, by 

6 striking ‘‘becomes entitled to an old-age in7 surance benefit’’ and all that follows 

8 through ‘‘such deceased individual,’’; 

9 (B) by striking subparagraph (A) in para10 graph (2) and inserting the following: 

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

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

13 paragraph, such widow’s insurance benefit for each 

14 month shall be equal to the greater of— 

15 ‘‘(i) the primary insurance amount (as de16 termined for purposes of this subsection after 

17 application of subparagraphs (B) and (C)) of 

18 such deceased individual, or 

19 ‘‘(ii) subject to paragraph (9), in the case 

20 of a fully insured widow or surviving divorced 

21 wife, 75 percent of the sum of any old-age or 

22 disability insurance benefit for which the widow 

23 or the surviving divorced wife is entitled for 

24 such month and the primary insurance amount 

25 (as determined for purposes of this subsection 


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1 after application of subparagraphs (B) and (C)) 

2 of such deceased individual.’’; 

3 (C) in paragraph (5)— 

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

5 ‘‘paragraph (1)(F)’’ and inserting ‘‘para6 graph (1)(E)’’; and 

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

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

9 ‘‘paragraph (1)(E)(i)’’; and 

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

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

12 amount determined under such paragraph shall not 

13 exceed the primary insurance amount for such 

14 month of a hypothetical individual— 

15 ‘‘(A) who became entitled to old-age insur16 ance benefits upon attaining early retirement 

17 age during the month in which the deceased in18 dividual referred to in paragraph (1) became 

19 entitled to old-age or disability insurance bene20 fits, or died (before becoming entitled to such 

21 benefits), and 

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

23 income were credited in each of such hypo24 thetical individual’s elapsed years (within the 

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


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1 amount equal to the national average wage 

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

3 each such year.’’. 

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

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

6 (A) in paragraph (1)— 

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

8 ‘‘and’’ at the end; 

9 (ii) in subparagraph (C)(iii), by strik10 ing ‘‘and’’ at the end; 

11 (iii) by striking subparagraph (D); 

12 (iv) by redesignating subparagraphs 

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

14 (E), respectively; and 

15 (v) in the flush matter following sub16 paragraph (E)(ii), as so redesignated, by 

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

18 insurance benefit’’ and all that follows 

19 through ‘‘such deceased individual,’’; 

20 (B) by striking subparagraph (A) in para21 graph (2) and inserting the following: 

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

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

24 paragraph, such widower’s insurance benefit for 

25 each month shall be equal to the greater of— 


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1 ‘‘(i) the primary insurance amount (as de2 termined for purposes of this subsection after 

3 application of subparagraphs (B) and (C)) of 

4 such deceased individual, or 

5 ‘‘(ii) subject to paragraph (9), in the case 

6 of a fully insured widower or surviving divorced 

7 husband, 75 percent of the sum of any old-age 

8 or disability insurance benefit for which the 

9 widower or the surviving divorced husband is 

10 entitled for such month and the primary insur11 ance amount (as determined for purposes of 

12 this subsection after application of subpara13 graphs (B) and (C)) of such deceased indi14 vidual.’’; 

15 (C) in paragraph (5)— 

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

17 ‘‘paragraph (1)(F)’’ and inserting ‘‘para18 graph (1)(E)’’; and 

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

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

21 ‘‘paragraph (1)(E)(i)’’; and 

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

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

24 amount determined under such paragraph shall not 


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1 exceed the primary insurance amount for such 

2 month of a hypothetical individual— 

3 ‘‘(A) who became entitled to old-age insur4 ance benefits upon attaining early retirement 

5 age during the month in which the deceased in6 dividual referred to in paragraph (1) became 

7 entitled to old-age or disability insurance bene8 fits, or died (before becoming entitled to such 

9 benefits), and 

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

11 income were credited in each of such hypo12 thetical individual’s elapsed years (within the 

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

14 amount equal to the national average wage 

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

16 each such year.’’. 

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

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

19 amended by section 103(c), is further amended by insert20 ing ‘‘202(e)(9), 202(f)(9),’’ after ‘‘sections’’. 

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

22 this section shall apply with respect to widow’s or wid23 ower’s insurance benefits payable for months in calendar 

24 years 2022 through 2026. 


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1 SEC. 106. INCREASING BENEFITS FOR BENEFICIARIES 

2 AFTER 15 YEARS OF ELIGIBILITY. 

3 (a) IN GENERAL.—Section 202 of the Social Security 

4 Act (42 U.S.C. 402) is amended by adding at the end the 

5 following new subsection: 

6 ‘‘(aa) INCREASE IN BENEFIT AMOUNTS ON ACCOUNT

7 OF LONG-TERM ELIGIBILITY.—(1) In the case of an indi8 vidual who is a qualified beneficiary for a calendar year 

9 after 2021, the amount of any monthly insurance benefit 

10 of such qualified beneficiary under this section or section 

11 223 for any month in such calendar year shall be in12 creased in accordance with paragraph (3). 

13 ‘‘(2)(A) For purposes of this subsection, the term 

14 ‘qualified beneficiary’ for a calendar year means an indi15 vidual in any case in which such calendar year begins at 

16 least 16 years after the applicable date of eligibility for 

17 such individual. 

18 ‘‘(B) For purposes of this subsection, the applicable 

19 date of eligibility for an individual is the date on which 

20 the individual on whose wages and self-employment in21 come the monthly insurance benefit is based initially be22 came eligible (or died before becoming eligible) for old23 age insurance benefits under subsection (a) or disability 

24 insurance benefits under section 223. 

25 ‘‘(3)(A) The increase required under paragraph (1) 

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1 vidual who is a qualified beneficiary for a calendar year 

2 shall be equal to the applicable percentage (specified for 

3 such benefit in subparagraph (B)) of the full increase 

4 amount for such calendar year (determined under sub5 paragraph (C)). 

6 ‘‘(B) The applicable percentage specified for a 

7 monthly insurance benefit under this subparagraph for a 

8 calendar year is the percentage specified, in connection 

9 with the number of years ending after the applicable date 

10 of eligibility for such individual and before such calendar 

11 year, in the following table: 

The applicable 

‘‘If the number of years is: percentage is: 

16 ...................................................................................... 20 percent

17 ...................................................................................... 40 percent

18 ...................................................................................... 60 percent

19 ...................................................................................... 80 percent

20 or larger ....................................................................... 100 percent. 

12 ‘‘(C)(i) Except as provided in clause (ii), the full in13 crease amount determined under this subparagraph for a 

14 calendar year in connection with the monthly insurance 

15 benefit of a qualified beneficiary is a dollar amount equal 

16 to 5 percent of the amount of the benefit if— 

17 ‘‘(I) such benefit were based on the primary in18 surance amount determined for January of such cal19 endar year of a putative individual; 

20 ‘‘(II) on January 1 of the calendar year in 

21 which occurred the applicable eligibility date with re22 spect to such individual, such putative individual 


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1 were fully insured, attained retirement age (as de2 fined in section 216(l)(2)) and were otherwise eligi3 ble for, and applied for, old-age insurance benefits; 

4 and 

5 ‘‘(III) such putative individual’s average in6 dexed monthly earnings taken into account in deter7 mining such primary insurance amount were equal 

to 1 8 ⁄12 of the national average wage index (as de9 fined in section 209(k)(1)) for the second year prior 

10 to such calendar year. 

11 ‘‘(ii)(I) In the case of a monthly insurance benefit 

12 under subsection (b) or (c), the full increase amount deter13 mined under this subparagraph shall be one-half the 

14 amount determined under clause (i); or 

15 ‘‘(II) in the case of a monthly insurance benefit under 

16 subsection (d), (g), or (h), the full increase amount deter17 mined under this subparagraph shall be the percentage of 

18 the amount determined under clause (i) equal to the ratio 

19 which the amount of such benefit bears to the primary 

20 insurance amount (before the application of section 

21 203(a)) of the individual on whose wages and self-employ22 ment income the monthly insurance benefit is based. 

23 ‘‘(4) In the case of a qualified beneficiary who is enti24 tled to two or more monthly insurance benefits under this 

25 title for the same month— 


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1 ‘‘(A) the earliest applicable date of eligibility for 

2 such beneficiary with respect to such benefits shall 

3 be treated as the applicable date of eligibility for 

4 such beneficiary for the purposes of this subsection; 

5 and 

6 ‘‘(B) such beneficiary shall be entitled to an in7 crease with respect only to one such benefit. 

8 ‘‘(5) This subsection shall be applied to monthly in9 surance benefits after any increase under subsection (w) 

10 and any applicable reductions and deductions under this 

11 title. 

12 ‘‘(6) In any case in which an individual is entitled 

13 to benefits under both this section and section 223, the 

14 increase under this subsection shall be paid from the Fed15 eral Old-Age and Survivors Insurance Trust Fund.’’. 

16 (b) CONFORMING AMENDMENTS.— 

17 (1) Section 202 of such Act (42 U.S.C. 402) is 

18 amended— 

19 (A) in the last sentence of subsection (a), 

20 by striking ‘‘subsection (q) and subsection (w)’’ 

21 and inserting ‘‘subsections (q), (w), and (aa)’’; 

22 (B) in subsection (b)(2), by striking ‘‘sub23 sections (k)(5) and (q)’’ and inserting ‘‘sub24 sections (k)(5), (q), and (aa)’’; 


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1 (C) in subsection (c)(2), by striking ‘‘sub2 sections (k)(5) and (q)’’ and inserting ‘‘sub3 sections (k)(5), (q), and (aa)’’; 

4 (D) in subsection (d)(2), by adding at the 

5 end the following: ‘‘This paragraph shall apply 

6 subject to subsection (aa).’’; 

7 (E) in subsection (e)(2)(A), by striking 

8 ‘‘subsection (k)(5), subsection (q), and subpara9 graph (D) of this paragraph’’ and inserting 

10 ‘‘subsection (k)(5), subsection (q), subsection 

11 (aa), and subparagraph (D) of this paragraph’’; 

12 (F) in subsection (f)(2)(A), by striking 

13 ‘‘subsection (k)(5), subsection (q), and subpara14 graph (D) of this paragraph’’ and inserting 

15 ‘‘subsection (k)(5), subsection (q), subsection 

16 (aa), and subparagraph (D) of this paragraph’’; 

17 (G) in subsection (g)(2), by striking 

18 ‘‘Such’’ and inserting ‘‘Except as provided in 

19 subsections (k)(5) and (aa), such’’; 

20 (H) in subsection (h)(2)(A), by inserting 

21 ‘‘and subsection (aa)’’ after ‘‘subparagraphs 

22 (B) and (C)’’; and 

23 (I) in section 223(a)(2), by striking ‘‘sec24 tion 202(q)’’ and inserting ‘‘sections 202(q) and 

25 202(aa)’’. 


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1 (2) Section 209(k)(1) of such Act (402 U.S.C. 

2 409(k)(1)) is amended by inserting 

3 ‘‘202(aa)(3)(C)(i)(II),’’ before ‘‘203(f)(8)(B)(ii)’’. 

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

5 this section shall apply with respect to monthly insurance 

6 benefits payable for months in calendar years 2022 

7 through 2026. 

8 SEC. 107. PROVIDING CAREGIVER CREDITS FOR SOCIAL SE9 CURITY. 

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

11 is amended by adding after section 234 (42 U.S.C. 434) 

12 the following new section: 

13 ‘‘DEEMED WAGES FOR CAREGIVERS OF DEPENDENT

14 RELATIVES

15 ‘‘SEC. 235. (a) DEFINITIONS.—For purposes of this 

16 section— 

17 ‘‘(1)(A) Subject to subparagraph (B), the term 

18 ‘qualifying month’ means, in connection with an in19 dividual, any month during which such individual 

20 was engaged for not less than 80 hours in providing 

21 care to a dependent relative without monetary com22 pensation. 

23 ‘‘(B) The term ‘qualifying month’ does not in24 clude any month ending after the date on which 

25 such individual attains retirement age (as defined in 

26 section 216(l)). 


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1 ‘‘(2) The term ‘dependent relative’ means, in 

2 connection with an individual— 

3 ‘‘(A) a child, grandchild, niece, or nephew 

4 (of such individual or such individual’s spouse 

5 or domestic partner), or a child to which the in6 dividual or the individual’s spouse or domestic 

7 partner is standing in loco parentis, who is 

8 under the age of 12; or 

9 ‘‘(B) a child, grandchild, niece, or nephew 

10 (of such individual or such individual’s spouse 

11 or domestic partner), a child to which the indi12 vidual or the individual’s spouse or domestic 

13 partner is standing in loco parentis, a parent, 

14 grandparent, sibling, aunt, or uncle (of such in15 dividual or his or her spouse or domestic part16 ner), or such individual’s spouse or domestic 

17 partner, if such child, grandchild, niece, neph18 ew, parent, grandparent, sibling, aunt, uncle, 

19 spouse, or domestic partner is a chronically de20 pendent individual. 

21 ‘‘(3)(A) The term ‘chronically dependent indi22 vidual’ means an individual who— 

23 ‘‘(i) is dependent on a daily basis on verbal 

24 reminding, physical cueing, supervision, or 

25 other assistance provided to the individual by 


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1 another person in the performance of at least 

2 two of the activities of daily living (described in 

3 subparagraph (B)) or instrumental activities of 

4 daily living (described in subparagraph (C)); 

5 and 

6 ‘‘(ii) without the assistance described in 

7 clause (i), could not perform such activities of 

8 daily living or instrumental activities of daily 

9 living. 

10 ‘‘(B) The ‘activities of daily living’ referred to 

11 in subparagraph (A) means basic personal everyday 

12 activities, including— 

13 ‘‘(i) eating; 

14 ‘‘(ii) bathing; 

15 ‘‘(iii) dressing; 

16 ‘‘(iv) toileting; and 

17 ‘‘(v) transferring in and out of a bed or in 

18 and out of a chair. 

19 ‘‘(C) The ‘instrumental activities of daily living’ 

20 referred to in subparagraph (A) means activities re21 lated to living independently in the community, in22 cluding— 

23 ‘‘(i) meal planning and preparation; 

24 ‘‘(ii) managing finances; 


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1 ‘‘(iii) shopping for food, clothing, or other 

2 essential items; 

3 ‘‘(iv) performing essential household 

4 chores; 

5 ‘‘(v) communicating by phone or other 

6 form of media; and 

7 ‘‘(vi) traveling around and participating in 

8 the community. 

9 ‘‘(b) DEEMED WAGES OF CAREGIVER.—(1)(A) For 

10 purposes of determining entitlement to and the amount 

11 of any monthly benefit for any month after December 

12 2021, or entitlement to and the amount of any lump-sum 

13 death payment in the case of a death after such month, 

14 payable under this title on the basis of the wages and self15 employment income of any individual, and for purposes 

16 of section 216(i)(3), such individual shall be deemed to 

17 have been paid during each qualifying month (in addition 

18 to wages or self-employment income actually paid to or 

19 derived by such individual during such month) at an 

20 amount per month equal to— 

21 ‘‘(i) in the case of a qualifying month during 

22 which no wages or self-employment income were ac23 tually paid to or derived by such individual, 50 percent of 1 24 ⁄12 of the national average wage index (as 

25 defined in section 209(k)(1)) for the second calendar 


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1 year preceding the calendar year in which such 

2 month occurs; and 

3 ‘‘(ii) in the case of any other qualifying month, 

4 the excess of the amount determined under clause (i) 

over 1 5 ⁄2 of the wages or self-employment income ac6 tually paid to or derived by such individual during 

7 such month. 

8 ‘‘(B) In any case in which there are more than 60 

9 qualifying months for an individual, only the last 60 of 

10 such months shall be taken into account for purposes of 

11 this section. 

12 ‘‘(2) Paragraph (1) shall not be applicable in the case 

13 of any monthly benefit or lump-sum death payment if a 

14 larger such benefit or payment, as the case may be, would 

15 be payable without its application. 

16 ‘‘(3) Any assistance or support services provided to 

17 caregivers under section 1720G of title 38, United States 

18 Code, shall not be considered wages or self-employment 

19 income for the purposes of determining entitlement to and 

20 the amount of any monthly benefit payable under this sub21 section. 

22 ‘‘(c) RULES AND REGULATIONS.—(1) Not later than 

23 1 year after the date of the enactment of this section, the 

24 Commissioner of Social Security shall promulgate such 

25 regulations as are necessary to carry out this section and 


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1 to prevent fraud and abuse with respect to the benefits 

2 under this section, including regulations establishing pro3 cedures for the application and certification requirements 

4 described in paragraph (2). 

5 ‘‘(2) A qualifying month shall not be taken into ac6 count under this section with respect to an individual un7 less— 

8 ‘‘(A) the individual submits to the Commis9 sioner of Social Security an application for benefits 

10 under this section that includes— 

11 ‘‘(i) the name and identifying information 

12 of the dependent relative with respect to whom 

13 the individual was engaged in providing care 

14 during such month; 

15 ‘‘(ii) if the dependent relative is not a child 

16 under the age of 12, documentation from the 

17 physician of the dependent relative explaining 

18 why the dependent relative is a chronically de19 pendent individual; and 

20 ‘‘(iii) such other information as the Com21 missioner may require to verify the status of 

22 the dependent relative; and 

23 ‘‘(B) for every qualifying month or period of up 

24 to 12 consecutive qualifying months that occurs 

25 after the first period of 12 consecutive qualifying 


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1 months, the individual certifies, in such form and 

2 manner as the Commissioner shall require, that the 

3 information provided in the individual’s application 

4 for benefits under this section has not changed.’’. 

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

6 of such Act (42 U.S.C. 409(k)(1)) is amended— 

7 (1) by striking ‘‘and’’ before ‘‘230(b)(2)’’ the 

8 first time it appears; and 

9 (2) by inserting ‘‘and 235(b)(1)(A)(i),’’ after 

10 ‘‘1977),’’. 

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

12 this section shall apply with respect to applications for 

13 monthly insurance benefits filed in months in calendar 

14 years 2022 through 2026 and with respect to individuals 

15 entitled to such benefits during any such month, except 

16 that such amendments shall not apply for purposes of de17 termining continuing eligibility or monthly benefit 

18 amounts for monthly insurance benefits for any month 

19 after calendar year 2026. 

20 SEC. 108. ELIMINATING THE 5-MONTH WAITING PERIOD 

21 FOR DISABILITY BENEFITS. 

22 (a) IN GENERAL.—Section 223(a) of the Social Secu23 rity Act (42 U.S.C. 423(a)) is amended— 

24 (1) in paragraph (1), in the matter following 

25 subparagraph (E), by striking ‘‘(i) for each month’’ 


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1 and all that follows through ‘‘under such disability,’’ 

2 and inserting ‘‘for each month beginning with the 

3 first month during all of which the individual is 

4 under a disability and in which the individual be5 comes entitled to such insurance benefits’’; and 

6 (2) in paragraph (2)— 

7 (A) by striking ‘‘as though he had attained 

8 age 62’’ and all that follows through ‘‘and as 

9 though’’ and inserting ‘‘as though he had at10 tained age 62 in the first month for which he 

11 becomes entitled to such disability insurance 

12 benefits, and as though’’; and 

13 (B) by striking ‘‘in or before the first 

14 month referred to in subparagraph (A) or (B) 

15 of such sentence, as the case may be,’’ and in16 serting ‘‘in or before such month,’’. 

17 (b) DISABLED SURVIVING SPOUSES.—Section 202 of 

18 the Social Security Act (42 U.S.C. 402) is amended— 

19 (1) in subsection (e)— 

20 (A) in paragraph (1)— 

21 (i) in subparagraph (C)(ii)(III), by 

22 striking ‘‘paragraph (8)’’ and inserting 

23 ‘‘paragraph (6)’’; and 

24 (ii) by striking ‘‘beginning with—’’ 

25 and all that follows through ‘‘and ending’’ 


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1 and inserting ‘‘beginning with the first 

2 month in which she becomes so entitled to 

3 such insurance benefits and ending’’; and 

4 (B) by striking paragraph (5) and redesig5 nating paragraphs (6) through (8) as para6 graphs (5) through (7), respectively; 

7 (2) in subsection (f)— 

8 (A) in paragraph (1)— 

9 (i) in subparagraph (C)(ii)(III), by 

10 striking ‘‘paragraph (8)’’ and inserting 

11 ‘‘paragraph (6)’’; and 

12 (ii) by striking ‘‘beginning with—’’ 

13 and all that follows through ‘‘and ending’’ 

14 and inserting ‘‘beginning with the first 

15 month in which he becomes so entitled to 

16 such insurance benefits and ending’’; and 

17 (B) by striking paragraph (5) and redesig18 nating paragraphs (6) through (8) as para19 graphs (5) through (7), respectively. 

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

21 this section shall apply with respect to individuals who be22 come entitled to monthly insurance benefits in months in 

23 calendar years 2022 through 2026. 


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1 SEC. 109. ESTABLISHING A GRADUAL OFFSET FOR DIS2 ABILITY BENEFICIARIES WITH EARNINGS. 

3 (a) ELIMINATION OF TERMINATION OF BENEFITS

4 DUE TO WORK ACTIVITY.— 

5 (1) DATE OF TERMINATION OF DISABILITY

6 BENEFITS; ELIMINATION OF EXTENDED PERIOD OF

7 ELIGIBILITY.—Section 223(a)(1) of the Social Secu8 rity Act (42 U.S.C. 423(a)(1)) is amended, in the 

9 matter following subparagraph (E), by striking ‘‘; 

10 except that, in the case of an individual who has a 

11 period of trial work which ends as determined by ap12 plication of section 222(c)(4)(A), the termination 

13 month shall be the earlier of (I) the third month fol14 lowing the earliest month after the end of such pe15 riod of trial work with respect to which such indi16 vidual is determined to no longer be suffering from 

17 a disabling physical or mental impairment, or (II) 

18 the third month following the earliest month in 

19 which such individual engages or is determined able 

20 to engage in substantial gainful activity, but in no 

21 event earlier than the first month occurring after the 

22 36 months following such period of trial work in 

23 which he engages or is determined able to engage in 

24 substantial gainful activity’’. 

25 (2) DATE OF TERMINATION OF CHILD’S BENE26 FITS.—Section 202(d)(1)(G)(i) of such Act (42 


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1 U.S.C. 402(d)(1)(G)(i)) is amended by striking 

2 ‘‘ceases; except that,’’ and all that follows through 

3 ‘‘substantial gainful activity),’’ and inserting 

4 ‘‘ceases),’’. 

5 (3) DATE OF TERMINATION OF WIDOW’S AND

6 WIDOWER’S BENEFITS.—Subsections (e)(1) and 

7 (f)(1) of section 202 of such Act (42 U.S.C. 402) 

8 are each amended, in the matter following subpara9 graph (F), by striking ‘‘ceases; except that,’’ and all 

10 that follows through the end and inserting ‘‘ceases.’’. 

11 (4) ELIMINATION OF TRIAL WORK PERIOD.— 

12 Section 222 of such Act (42 U.S.C. 422) is amended 

13 by striking subsection (c). 

14 (5) ELIMINATION OF WORK-RELATED TERMI15 NATION OF HOSPITAL INSURANCE BENEFITS.—Sec16 tion 226(b) of such Act (42 U.S.C. 426(b)) is 

17 amended, in the matter following paragraph (2), by 

18 striking ‘‘For purposes of this subsection’’ and all 

19 that follows through the end. 

20 (6) CONFORMING AMENDMENT RELATED TO

21 EXPEDITED REINSTATEMENT.—Section 223 of such 

22 Act (42 U.S.C. 423) is amended by striking sub23 section (i). 

24 (b) BENEFIT REDUCTION BASED ON EARNINGS DE25 RIVED FROM SERVICES.— 


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1 (1) IN GENERAL.—Section 223(e) of such Act 

2 (42 U.S.C. 423(e)) is amended to read as follows: 

3 ‘‘(e)(1) Any benefit otherwise payable to an individual 

4 for a month under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), 

5 (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 or 

6 under subsection (a)(1) of this section shall be reduced 

7 by $1 for each $2 by which the individual’s earnings de8 rived from services for such month exceeds the amount 

9 specified in paragraph (2) with respect to such month, ex10 cept that such benefit may not be reduced below $0. 

11 ‘‘(2) The amount specified in this paragraph with re12 spect to a month shall be the amount of monthly earnings 

13 derived from services established by the Commissioner 

14 (under regulations issued pursuant to section 

15 223(d)(4)(A)) to represent substantial gainful activity in 

16 the case of a blind individual for such month. 

17 ‘‘(3) In the case of a benefit otherwise payable to an 

18 individual for a month under section 202 on the basis of 

19 the wages and self-employment income of an individual 

20 whose benefit is reduced pursuant to paragraph (1), such 

21 benefit shall be reduced for such month by the same pro22 portion as the reduction made pursuant to paragraph 

23 (1).’’. 

24 (2) CONFORMING AMENDMENT.—Section 

25 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is 


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1 amended by striking ‘‘and section 215(b)(2)(A)(ii)’’ 

2 and inserting ‘‘, section 215(b)(2)(A)(ii), and sub3 section (e) of this section’’. 

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

5 this section shall apply with respect to months in calendar 

6 years 2022 through 2026. 

7 SEC. 110. REPEALING THE GOVERNMENT PENSION OFFSET 

8 AND WINDFALL ELIMINATION PROVISIONS. 

9 (a) REPEAL OF GOVERNMENT PENSION OFFSET

10 PROVISION.— 

11 (1) IN GENERAL.—Section 202(k) of the Social 

12 Security Act (42 U.S.C. 402(k)) is amended by 

13 striking paragraph (5). 

14 (2) CONFORMING AMENDMENTS.— 

15 (A) Section 202(b)(2) of the Social Secu16 rity Act (42 U.S.C. 402(b)(2)) is amended by 

17 striking ‘‘subsections (k)(5) and (q)’’ and in18 serting ‘‘subsection (q)’’. 

19 (B) Section 202(c)(2) of such Act (42 

20 U.S.C. 402(c)(2)) is amended by striking ‘‘sub21 sections (k)(5) and (q)’’ and inserting ‘‘sub22 section (q)’’. 

23 (C) Section 202(e)(2)(A) of such Act (42 

24 U.S.C. 402(e)(2)(A)) is amended by striking 


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1 ‘‘subsection (k)(5), subsection (q),’’ and insert2 ing ‘‘subsection (q)’’. 

3 (D) Section 202(f)(2)(A) of such Act (42 

4 U.S.C. 402(f)(2)(A)) is amended by striking 

5 ‘‘subsection (k)(5), subsection (q)’’ and insert6 ing ‘‘subsection (q)’’. 

7 (b) REPEAL OF WINDFALL ELIMINATION PROVI8 SIONS.— 

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

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

11 (A) in subsection (a), by striking para12 graph (7); 

13 (B) in subsection (d), by striking para14 graph (3); and 

15 (C) in subsection (f), by striking para16 graph (9). 

17 (2) CONFORMING AMENDMENTS.—Subsections 

18 (e)(2) and (f)(2) of section 202 of such Act (42 

19 U.S.C. 402) are each amended by striking ‘‘section 

20 215(f)(5), 215(f)(6), or 215(f)(9)(B)’’ in subpara21 graphs (C) and (D)(i) and inserting ‘‘paragraph (5) 

22 or (6) of section 215(f)’’. 

23 (c) EFFECTIVE DATE.— 

24 (1) IN GENERAL.—The amendments made by 

25 this section shall apply with respect to monthly inVerDate Sep 11 2014 03:50 Nov 04, 2021 Jkt 029200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\S3071.IS S3071

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1 surance benefits payable for months in calendar 

2 years 2022 through 2026. 

3 (2) RECOMPUTATION OF PRIMARY INSURANCE

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

5 Social Security Act, the Commissioner of Social Se6 curity shall recompute primary insurance amounts 

7 to the extent necessary— 

8 (A) to carry out the amendments made by 

9 this section; and 

10 (B) to account for the nonapplication of 

11 such amendments after calendar year 2026. 

12 SEC. 111. EXTENDING THE CHILD’S BENEFIT FOR POST13 SECONDARY SCHOOL STUDENTS UNDER AGE 

14 26. 

15 (a) IN GENERAL.—Section 202(d)(1)(B) of the So16 cial Security Act (42 U.S.C. 402(d)(1)(B)) is amended to 

17 read as follows: 

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

19 was unmarried and— 

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

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

22 secondary school student and had not at23 tained the age of 22, 


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

2 school student and had not attained the 

3 age of 26, or 

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

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

6 attained the age of 22, and’’. 

7 (b) DEFINITION OF QUALIFYING POST-SECONDARY

8 SCHOOL STUDENT.— 

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

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

11 (A) in subparagraph (A)— 

12 (i) by inserting ‘‘and a ‘qualifying 

13 post-secondary school student’ is an indi14 vidual who is in at least half-time attend15 ance as a student at a post-secondary edu16 cational institution’’ before ‘‘, as deter17 mined by the Commissioner’’; 

18 (ii) by inserting ‘‘or a ‘qualifying post19 secondary school student’ ’’ before ‘‘if he is 

20 paid by his employer’’; 

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

22 educational institution, as applicable,’’ be23 fore ‘‘at the request’’; 


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1 (iv) by inserting ‘‘or a ‘qualifying 

2 post-secondary school student’ ’’ before 

3 ‘‘for the purpose of this section’’; and 

4 (v) by inserting ‘‘or a qualifying post5 secondary school student’’ before ‘‘shall be 

6 deemed’’; and 

7 (B) in subparagraph (B)— 

8 (i) by inserting ‘‘or a qualifying post9 secondary school student’’ before ‘‘during 

10 any period’’; 

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

12 qualifying post-secondary school student, 

13 any period of nonattendance at a post-sec14 ondary educational institution at which the 

15 individual has been in at least half-time at16 tendance’’ after ‘‘full-time attendance’’; 

17 and 

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

19 qualifying post-secondary school student, 

20 in at least half-time attendance at a post21 secondary educational institution’’ before 

22 ‘‘immediately following such period’’ each 

23 place it appears. 

24 (2) TRANSITION FROM ELEMENTARY OR SEC25 ONDARY SCHOOL.—Section 202(d)(7)(B) of such Act 


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1 (42 U.S.C. 402(d)(7)(B)) is amended by adding at 

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

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

4 secondary school shall, during a succeeding period of 

5 nonattendance at such school, be deemed to be a 

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

7 period is 4 calendar months or less, and (ii) the indi8 vidual shows to the satisfaction of the Commissioner 

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

10 at a post-secondary educational institution imme11 diately following such period.’’. 

12 (c) DEFINITION OF POST-SECONDARY EDUCATIONAL

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

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

15 following: 

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

17 institution’ is an institution described in 

18 section 102 of the Higher Education Act 

19 of 1965 (20 U.S.C. 1002).’’. 

20 (d) CONFORMING AMENDMENTS.— 

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

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

23 qualifying post-secondary school student’’ after ‘‘stu24 dent’’. 


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•S 3071 IS

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

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

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

4 of 19,’’ and inserting the following: ‘‘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 qualifying 

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 qualifying 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 26,’’. 

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

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

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

18 19,’’ and inserting the following: ‘‘(if later) the ear19 lier of— 

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

21 which the child is a full-time elementary or 

22 secondary school student or a qualifying 

23 post-secondary school student, 

24 ‘‘(ii) the month in which the child at25 tains the age of 22, but only if the child 


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•S 3071 IS

1 is not a qualifying post-secondary school 

2 student during any part of such month, or 

3 ‘‘(iii) 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 22, 

10 ‘‘(ii) is a qualifying post-secondary school 

11 student and has not attained the age of 26, or 

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

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

14 22, or’’. 

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

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

17 ‘‘(D) the earlier of— 

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

19 which the child is a full-time elementary or 

20 secondary school student or a qualifying 

21 post-secondary school student, 

22 ‘‘(ii) the month in which the child at23 tains the age of 22, but only if the child 

24 is not a qualifying post-secondary school 

25 student during any part of such month, or 


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1 ‘‘(iii) the month in which the child at2 tains the age of 26, 

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

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

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

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

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

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

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

10 which the child is a full-time elementary or 

11 secondary school student or a qualifying 

12 post-secondary school student, 

13 ‘‘(ii) the month in which the child at14 tains the age of 22, but only if the child 

15 is not a qualifying post-secondary school 

16 student during any part of such month, or 

17 ‘‘(iii) the month in which the child at18 tains the age of 26.’’. 

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

20 U.S.C. 402(d)(7)(D)) is amended— 

21 (A) by striking ‘‘A child who’’ and insert22 ing ‘‘(i) A child who’’; 

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

24 ‘‘age 22’’; 


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

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

3 (1)(B)’’; and 

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

5 ‘‘(ii) A child who attains age 26 at a time 

6 when he is a qualifying post-secondary school 

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

8 paragraph and without application of subpara9 graph (B) of such paragraph) but has not (at 

10 such time) completed the requirements for, or 

11 received, a diploma or equivalent certificate 

12 from a post-secondary educational institution 

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

14 deemed (for purposes of determining whether 

15 his entitlement to benefits under this subsection 

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

17 purposes of determining his initial entitlement 

18 to such benefits under clause (iii) of paragraph 

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

20 first day of the first month following the end of 

21 the quarter or semester in which he is enrolled 

22 at such time (or, if the post-secondary edu23 cational institution (as so defined) in which he 

24 is enrolled is not operated on a quarter or se25 mester system, until the first day of the first 


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•S 3071 IS

1 month following the completion of the course in 

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

3 the third month beginning after such time, 

4 whichever first occurs).’’. 

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

6 this section shall apply with respect to applications for 

7 child’s insurance benefits filed in months in calendar years 

8 2022 through 2026 and with respect to individuals enti9 tled to such benefits during any such month, except that 

10 such amendments shall not apply for purposes of deter11 mining continuing eligibility for child’s insurance benefits 

12 for any month after calendar year 2026. 

13 SEC. 112. INCREASING ACCESS TO BENEFITS FOR CHIL14 DREN WHO LIVE WITH GRANDPARENTS OR 

15 OTHER RELATIVES. 

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

17 (42 U.S.C. 401 et seq.) is amended— 

18 (1) in section 202(d)— 

19 (A) in paragraph (1)(C), by inserting ‘‘ex20 cept as provided in paragraph (9),’’ before ‘‘was 

21 dependent’’; and 

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

23 follows: 

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

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


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1 216(e) and is not a child of such individual under clause 

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

3 subparagraph (B) shall apply instead of the criteria speci4 fied in subparagraph (C) of paragraph (1). 

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

6 ‘‘(i) the child has been living with such indi7 vidual in the United States for a period of not less 

8 than 12 months; 

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

1 10 ⁄2 of the child’s support from such individual for a 

11 period of not less than 12 months; and 

12 ‘‘(iii) the period during which the child was liv13 ing with such individual began before the child at14 tained age 18. 

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

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

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

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

the United States and received at least 1 19 ⁄2 of the child’s 

20 support from such individual for substantially all of the 

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

22 and 

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

24 (A) by striking ‘‘grandchild or 

25 stepgrandchild of an individual or his spouse’’ 


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1 and inserting ‘‘grandchild, stepgrandchild, or 

2 other first-degree, second-degree, third-degree, 

3 fourth-degree, or fifth-degree relative of an indi4 vidual or the individual’s spouse’’; 

5 (B) by striking ‘‘was no natural or adop6 tive parent’’ and inserting ‘‘is no living natural 

7 or adoptive parent’’; 

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

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

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

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

12 (B)’’; and 

13 (E) by inserting ‘‘, or (C) a court of com14 petent jurisdiction has issued an order granting 

15 custody of such person to the individual or the 

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

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

18 of the Social Security Act (42 U.S.C. 402(d)(1)) is amend19 ed— 

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

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

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

23 and 


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

2 and inserting ‘‘subparagraph (B) and subparagraph 

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

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

5 this section shall apply with respect to applications for 

6 child’s insurance benefits filed in months in calendar years 

7 2022 through 2026 and with respect to individuals enti8 tled to such benefits during any such month, except that 

9 such amendments shall not apply for purposes of deter10 mining continuing eligibility for child’s insurance benefits 

11 for any month after calendar year 2026. 

12 SEC. 113. PREVENTING AN UNINTENDED DROP IN BENE13 FITS RELATING TO THE APPLICATION OF 

14 THE NATIONAL AVERAGE WAGE INDEX. 

15 (a) MODIFICATIONS RELATED TO COMPUTATION OF

16 PRIMARY INSURANCE AMOUNT.—Section 215 of the So17 cial Security Act (42 U.S.C. 415) is amended— 

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

19 (A) in subclause (I)— 

20 (i) by striking ‘‘the national’’ and in21 serting ‘‘(aa) the national’’; and 

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

23 inserting ‘‘; or’’; and 

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

25 the following: 


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

2 calendar year is after 2021), the highest 

3 national average wage index (as so de4 fined) for any calendar year before such 

5 second calendar year, by’’; and 

6 (2) in subsection (b)(3)(A)(ii)— 

7 (A) in subclause (I)— 

8 (i) by striking ‘‘the national’’ and in9 serting ‘‘(aa) the national’’; and 

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

11 inserting ‘‘; or’’; and 

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

13 the following: 

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

15 calendar year is after 2021), the highest 

16 national average wage index (as so de17 fined) for any calendar year before such 

18 second calendar year, by’’. 

19 (b) MODIFICATION RELATED TO REDUCTION OF

20 BENEFITS BASED ON DISABILITY.—Section 

21 224(f)(2)(B)(i) of such Act (42 U.S.C. 424(f)(2)(B)(i)) is 

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

23 year is after 2021), the highest national average wage 

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

25 calendar year)’’ after ‘‘made’’. 


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1 SEC. 114. HOLDING SSI, MEDICAID, AND CHIP BENE2 FICIARIES HARMLESS. 

3 For purposes of determining the income of an indi4 vidual to establish eligibility for, and the amount of, bene5 fits payable under title XVI of the Social Security Act, 

6 eligibility for medical assistance under the State plan 

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

8 for child health assistance under the State child health 

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

10 of any benefit to which the individual is entitled under 

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

12 amount of the benefit that would be determined for such 

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

14 the date of the enactment of this Act. 

15 TITLE II—STRENGTHENING THE 

16 TRUST FUND 

17 SEC. 201. DETERMINING WAGES AND SELF-EMPLOYMENT 

18 INCOME ABOVE CONTRIBUTION AND BEN19 EFIT BASE AFTER 2021. 

20 (a) DETERMINATION OF WAGES ABOVE CONTRIBU21 TION AND BENEFIT BASE AFTER 2021.— 

22 (1) AMENDMENTS TO THE INTERNAL REVENUE

23 CODE OF 1986.— 

24 (A) REPEAL OF PRESENT LAW LIMITA25 TION.—Section 3121(a) of the Internal Revenue 


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1 Code of 1986 is amended by striking paragraph 

2 (1). 

3 (B) LIMITATION ON AMOUNT OF WAGES.— 

4 Section 3121 of the Internal Revenue Code of 

5 1986 is amended by adding at the end the fol6 lowing: 

7 ‘‘(aa) LIMITATION ON AMOUNT OF WAGES.— 

8 ‘‘(1) IN GENERAL.—In the case of any calendar 

9 year in which the contribution and benefit base (as 

10 determined under section 230 of the Social Security 

11 Act) is less than $400,000, for purposes of the taxes 

12 imposed by sections 3101(a) and 3111(a), the term 

13 ‘wages’ does not include that part of the remunera14 tion which, after remuneration equal to such con15 tribution and benefit base with respect to employ16 ment has been paid to an individual by an employer 

17 during the calendar year with respect to which such 

18 contribution and benefit base is effective, is paid to 

19 such individual by such employer during the cal20 endar year. The preceding sentence shall not apply 

21 to that part of the remuneration paid to an indi22 vidual after remuneration of $400,000 with respect 

23 to employment has been paid to such individual by 

24 an employer (or any person related to, or acting on 


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1 behalf of, such employer, as determined by the Sec2 retary) during the calendar year. 

3 ‘‘(2) SUCCESSOR EMPLOYER.—If an employer 

4 (hereinafter referred to as successor employer) dur5 ing any calendar year, acquires substantially all the 

6 property used in a trade or business of another em7 ployer (hereinafter referred to as a predecessor), or 

8 used in a separate unit of a trade or business of a 

9 predecessor, and immediately after the acquisition 

10 employs in his trade or business an individual who 

11 immediately prior to the acquisition was employed in 

12 the trade or business of such predecessor, then, for 

13 the purpose of determining whether the successor 

14 employer has paid remuneration with respect to em15 ployment equal to the contribution and benefit base 

16 (as determined under section 230 of the Social Secu17 rity Act) to such individual during such calendar 

18 year, any remuneration with respect to employment 

19 paid (or considered under this paragraph as having 

20 been paid) to such individual by such predecessor 

21 during such calendar year and prior to such acquisi22 tion shall be considered as having been paid by such 

23 successor employer. 

24 ‘‘(3) REMUNERATION.—For purposes of this 

25 subsection, the term ‘remuneration’ does not include 


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1 remuneration referred to in any paragraph of sub2 section (a).’’. 

3 (C) APPLICATION TO RAILROAD RETIRE4 MENT.— 

5 (i) IN GENERAL.—Section 

6 3231(e)(2)(A) of the Internal Revenue 

7 Code of 1986 is amended by adding at the 

8 end the following new clause: 

9 ‘‘(iv) LIMITATION ON EXCLUSION.— 

10 For purposes of so much of the taxes im11 posed by sections 3201(a), 3211(a) and 

12 3221(a) as are determined by reference to 

13 the rate in effect under section 3101(a) or 

14 3111(a)— 

15 ‘‘(I) in the case of any calendar 

16 year in which the contribution and 

17 benefit base (as determined under sec18 tion 230 of the Social Security Act) is 

19 less than $400,000, clause (i) shall 

20 not apply to that part of the remu21 neration paid to an individual after 

22 remuneration of $400,000 for services 

23 rendered as an employee has been 

24 paid to such individual by an em25 ployer (or any person related to, or 


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1 acting on behalf of, such employer, as 

2 determined by the Secretary) during 

3 the calendar year, and 

4 ‘‘(II) in the case of any calendar 

5 year in which such contribution and 

6 benefit base equals or exceeds 

7 $400,000, clause (i) shall not apply.’’. 

8 (ii) EXCLUSION OF REMUNERATION

9 WHICH IS NOT TREATED AS COMPENSA10 TION.—Section 3231(e)(2)(A)(ii) of the In11 ternal Revenue Code of 1986 is amended 

12 by inserting ‘‘or (iv)’’ after ‘‘under clause 

13 (i)’’. 

14 (D) CONFORMING AMENDMENT.—Section 

15 3231(e)(2)(C) of the Internal Revenue Code of 

16 1986 is amended by striking ‘‘the second sen17 tence of section 3121(a)(1)’’ and inserting ‘‘sec18 tion 3121(aa)(2)’’. 

19 (2) AMENDMENT TO THE SOCIAL SECURITY

20 ACT.—Section 209(a)(1)(I) of the Social Security 

21 Act (42 U.S.C. 409(a)(1)(I)) is amended by insert22 ing before the semicolon at the end the following: 

23 ‘‘except that this subparagraph shall apply only to 

24 calendar years for which the contribution and ben25 efit base (as so determined) is less than $400,000, 


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1 and, for such calendar years, only to the extent that 

2 remuneration with respect to employment paid to 

3 such employee does not exceed $400,000’’. 

4 (b) DETERMINATION OF SELF-EMPLOYMENT IN5 COME ABOVE CONTRIBUTION AND BENEFIT BASE AFTER

6 2021.— 

7 (1) AMENDMENTS TO INTERNAL REVENUE

8 CODE OF 1986.— 

9 (A) IN GENERAL.—Section 1402(b) of the 

10 Internal Revenue Code of 1986 is amended to 

11 read as follows: 

12 ‘‘(b) SELF-EMPLOYMENT INCOME.— 

13 ‘‘(1) IN GENERAL.—The term ‘self-employment 

14 income’ means the net earnings from self-employ15 ment derived by an individual, except that such term 

16 shall not include net earnings from self-employment 

17 if such net earnings for the taxable year are less 

18 than $400. 

19 ‘‘(2) LIMITATION ON OASDI TAX.—For purposes 

20 of section 1401(a), the term ‘self employment in21 come’ shall not exceed the sum of— 

22 ‘‘(A) the total compensation not in excess 

23 of the contribution and benefit base (as deter24 mined under section 230 of the Social Security 

25 Act) which is effective for the calendar year in 


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1 which such taxable year begins, reduced by the 

2 amount of wages not in excess of such base 

3 paid to such individual during the taxable year, 

4 plus 

5 ‘‘(B) the total compensation in excess of 

6 the greater of— 

7 ‘‘(i) $400,000, or 

8 ‘‘(ii) the amount of wages paid to 

9 such individual during the taxable year. 

10 ‘‘(3) DEFINITION AND SPECIAL RULES.— 

11 ‘‘(A) TOTAL COMPENSATION.—For pur12 poses of paragraph (2), the term ‘total com13 pensation’ means the sum of the net earnings 

14 from self-employment and the amount of wages 

15 paid to such individual during the taxable year. 

16 ‘‘(B) WAGES.—For purposes of this sub17 section, the term ‘wages’— 

18 ‘‘(i) includes such remuneration paid 

19 to an employee for services included under 

20 an agreement entered into pursuant to the 

21 provisions of section 3121(l) (relating to 

22 coverage of citizens of the United States 

23 who are employees of foreign affiliates of 

24 American employers) as would be wages 

25 under section 3121(a) if such services conVerDate Sep 11 2014 03:50 Nov 04, 2021 Jkt 029200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\S3071.IS S3071

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1 stituted employment under section 

2 3121(b), and 

3 ‘‘(ii) includes compensation which is 

4 subject to the tax imposed by section 3201 

5 or 3211 (or would be so subject but for 

6 paragraph (2) of section 3231(e)). 

7 ‘‘(C) NONRESIDENT ALIENS.—A non8 resident alien individual shall not be treated as 

9 an individual for purposes of paragraph (1), ex10 cept as provided by an agreement under section 

11 233 of the Social Security Act. An individual 

12 who is not a citizen of the United States but 

13 who is a resident of the Commonwealth of 

14 Puerto Rico, the Virgin Islands, Guam, or 

15 American Samoa shall not, for purposes of this 

16 chapter, be considered to be a nonresident alien 

17 individual. 

18 ‘‘(D) CHURCH EMPLOYEE.—In the case of 

19 church employee income, the special rules of 

20 subsection (j)(2) shall apply for purposes of 

21 paragraph (1).’’. 

22 (B) CONFORMING AMENDMENTS.— 

23 (i) Section 1402(j)(2)(A) of the Inter24 nal Revenue Code of 1986 is amended by 


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1 striking all that precedes ‘‘shall be ap2 plied’’ and inserting: 

3 ‘‘(A) SEPARATE APPLICATION OF DE MINI4 MIS RULE.—Subsection (b)(1)’’. 

5 (ii) Section 1402(j)(2)(B) of such 

6 Code is amended by striking ‘‘paragraph 

7 (2) of subsection (b)’’ and inserting ‘‘sub8 section (b)(1)’’. 

9 (2) AMENDMENTS TO THE SOCIAL SECURITY

10 ACT.— 

11 (A) IN GENERAL.—Section 211(b)(1) of 

12 the Social Security Act (42 U.S.C. 411(b)) is 

13 amended— 

14 (i) in subparagraph (I)— 

15 (I) by inserting ‘‘and before 

16 2022’’ after ‘‘1974’’; and 

17 (II) by striking ‘‘or’’ at the end; 

18 and 

19 (ii) by adding at the end the fol20 lowing: 

21 ‘‘(J) For any taxable year beginning in any 

22 calendar year after 2021, an amount equal to— 

23 ‘‘(i) $400,000, reduced (but not below 

24 zero) by 

25 ‘‘(ii) the sum of— 


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1 ‘‘(I) the part of the net earnings 

2 from self-employment (if any) which is 

3 not in excess of— 

4 ‘‘(aa) the amount equal to 

5 the contribution and benefit base 

6 (as determined under section 

7 230) which is effective for the 

8 calendar year in which such tax9 able year begins, minus 

10 ‘‘(bb) the amount of the 

11 wages paid to such individual 

12 during such taxable year, plus 

13 ‘‘(II) the amount of the wages 

14 paid to such individual during such 

15 taxable year which is in excess of the 

16 amount in subclause (I)(aa); or’’. 

17 (B) PHASEOUT.—Section 211(b) of the 

18 Social Security Act (42 U.S.C. 411(b)) is 

19 amended by adding at the end the following: 

20 ‘‘Paragraph (1) shall apply only to taxable 

21 years beginning in calendar years for which the 

22 contribution and benefit base (as determined 

23 under section 230) is less than $400,000.’’. 

24 (c) SPECIAL RULE FOR WAGES FROM MULTIPLE

25 EMPLOYERS WHICH TOTAL IN EXCESS OF $400,000.— 


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1 (1) IN GENERAL.—Subchapter A of chapter 21 

2 of the Internal Revenue Code of 1986 is amended by 

3 adding at the end the following new section: 

4 ‘‘SEC. 3103. SPECIAL RULES FOR REMUNERATION FROM 

5 MULTIPLE EMPLOYERS. 

6 ‘‘(a) IN GENERAL.—In the case of an employee re7 ceiving wages from more than one employer during a cal8 endar year, there is hereby imposed a tax on such em9 ployee (for the last taxable year beginning in the calendar 

10 year the wages are received) equal to the excess (if any) 

11 of— 

12 ‘‘(1) the tax that would have been imposed by 

13 section 3101(a) if such wages had been received 

14 from one employer, over 

15 ‘‘(2) the aggregate tax imposed by such section 

16 with respect to such wages. 

17 ‘‘(b) COORDINATION WITH SPECIAL REFUND PROVI18 SION.—No credit shall be determined under section 31(b) 

19 with respect to any employee for any taxable year unless 

20 the amount described in subsection (a)(1) with respect to 

21 wages received during the calendar year in which such tax22 able year begins exceeds the amount described in sub23 section (a)(2) with respect to such wages, and the amount 

24 of such credit so determined shall not exceed such excess. 


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1 ‘‘(c) WAGES.—For purposes of this section, the term 

2 ‘wages’ shall have the same meaning as when used in sec3 tion 1402(b). 

4 ‘‘(d) APPLICATION TO TIER I RAILROAD RETIRE5 MENT TAX.—In the case of compensation (as defined in 

6 section 3231(e)), for purposes of applying subsections (a) 

7 and (b), the reference to the tax that would have been 

8 imposed by section 3101(a) shall be treated as including 

9 a reference to so much of the tax that would have been 

10 imposed on such compensation under section 3201(a) or 

11 3211(a) (or would have been so imposed but for paragraph 

12 (2) of section 3231(e)) as is determined by reference to 

13 the rate of tax in effect under section 3101(a).’’. 

14 (2) FAILURE BY INDIVIDUAL TO PAY ESTI15 MATED INCOME TAX.—Subsection (m) of section 

16 6654 of the Internal Revenue Code of 1986 is 

17 amended to read as follows: 

18 ‘‘(m) SPECIAL RULE FOR CERTAIN EMPLOYMENT

19 TAXES.—For purposes of this section, the tax imposed by 

20 sections 3101(b)(2) (to the extent not withheld) and the 

21 tax imposed by section 3103 shall be treated as taxes im22 posed by chapter 2.’’. 

23 (3) CLERICAL AMENDMENT.—The table of sec24 tions for subchapter A of chapter 21 of the Internal 


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1 Revenue Code of 1986 is amended by adding at the 

2 end the following new item: 

‘‘Sec. 3103. Special rules for remuneration from multiple employers.’’. 

3 (d) EFFECTIVE DATES.— 

4 (1) IN GENERAL.—Except as otherwise pro5 vided in this subsection, the amendments made by 

6 this section shall apply to remuneration paid in cal7 endar years after 2021. 

8 (2) SELF-EMPLOYMENT INCOME.—The amend9 ments made by subsection (b) shall apply to taxable 

10 years beginning after December 31, 2021. 

11 SEC. 202. INCLUDING EARNINGS OVER $400,000 IN SOCIAL 

12 SECURITY BENEFIT FORMULA. 

13 (a) INCLUSION OF EARNINGS OVER $400,000 IN DE14 TERMINATION OF PRIMARY INSURANCE AMOUNTS.—Sec15 tion 215(a)(1)(A) of the Social Security Act (42 U.S.C. 

16 415(a)(1)(A)) is amended— 

17 (1) in clause (ii), by striking ‘‘and’’ at the end; 

18 (2) in clause (iii), by inserting ‘‘and’’ at the 

19 end; and 

20 (3) by inserting after clause (iii) the following: 

21 ‘‘(iv) 1 percent of the individual’s excess aver22 age indexed monthly earnings (as defined in sub23 section (b)(5)(A)).’’. 


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1 (b) DEFINITION OF EXCESS AVERAGE INDEXED

2 MONTHLY EARNINGS.—Section 215(b) of the Social Secu3 rity Act (42 U.S.C. 415(b)) is amended— 

4 (1) by striking ‘‘wages’’ and ‘‘self-employment 

5 income’’ each place such terms appear and inserting 

6 ‘‘basic wages’’ and ‘‘basic self-employment income’’, 

7 respectively; and 

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

9 ‘‘(5)(A) An individual’s excess average indexed 

10 monthly earnings shall be equal to the amount of the indi11 vidual’s average indexed monthly earnings that would be 

12 determined under this subsection by substituting ‘excess 

13 wages’ for ‘basic wages’ and ‘excess self-employment in14 come’ for ‘basic self-employment income’ each place such 

15 terms appear in this subsection (except in this paragraph). 

16 ‘‘(B) For purposes of this subsection— 

17 ‘‘(i) the term ‘basic wages’ means that portion 

18 of the wages of an individual paid in a year that 

19 does not exceed the contribution and benefit base for 

20 the year; 

21 ‘‘(ii) the term ‘basic self-employment income’ 

22 means that portion of the self-employment income of 

23 an individual credited to a year that does not exceed 

24 an amount equal to the contribution and benefit 


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1 base for the year minus the amount of the wages 

2 paid to the individual in the year; 

3 ‘‘(iii) the term ‘excess wages’ means that por4 tion of the wages of an individual paid in a year 

5 after 2021 in excess of the higher of $400,000 or 

6 the contribution and benefit base for the year; and 

7 ‘‘(iv) the term ‘excess self-employment income’ 

8 means that portion of the self-employment income of 

9 an individual credited to a year after 2021 in excess 

10 of the higher of $400,000 or such contribution and 

11 benefit base for the year.’’. 

12 (c) CONFORMING AMENDMENTS.—Title II of the So13 cial Security Act is amended— 

14 (1) in section 203(a)(6)(A) (42 U.S.C. 

15 403(a)(6)(A)), by striking ‘‘85 percent of such indi16 vidual’s average indexed monthly earnings’’ and in17 serting ‘‘the sum of 85 percent of such individual’s 

18 average indexed monthly earnings and 1 percent of 

19 such individual’s excess average indexed monthly 

20 earnings (as defined in section 215(b)(5)(A))’’; 

21 (2) in section 212 (42 U.S.C. 412), by inserting 

22 ‘‘excess average indexed monthly earnings,’’ after 

23 ‘‘average indexed monthly earnings,’’ each place it 

24 appears; 


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1 (3) in section 215(e)(1) (42 U.S.C. 415(e)(1)), 

2 by inserting ‘‘and before 2022’’ after ‘‘after 1974’’. 

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

4 this section shall apply with respect to individuals who ini5 tially become eligible (within the meaning of section 

6 215(a)(3)(B) of the Social Security Act) for old-age or dis7 ability insurance benefits under title II of the Social Secu8 rity Act, or who die (before becoming eligible for such ben9 efits), in any calendar year after 2021. 

10 SEC. 203. ESTABLISHING THE SOCIAL SECURITY TRUST 

11 FUND. 

12 (a) IN GENERAL.—Section 201(a) of the Social Secu13 rity Act (42 U.S.C. 401(a)) is amended to read as follows: 

14 ‘‘(a) There is hereby created on the books of the 

15 Treasury of the United States a trust fund to be known 

16 as the ‘Social Security Trust Fund’. The Social Security 

17 Trust Fund shall consist of the securities held by the Sec18 retary of the Treasury for the Federal Old-Age and Sur19 vivors Insurance Trust Fund and the Federal Disability 

20 Insurance Trust Fund and the amount standing to the 

21 credit of the Federal Old-Age and Survivors Insurance 

22 Trust Fund and the Federal Disability Insurance Trust 

23 Fund on the books of the Treasury on January 1 of the 

24 first calendar year beginning after the date of the enact25 ment of section 203 of Social Security 2100: A Sacred 


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1 Trust, which securities and amount the Secretary of the 

2 Treasury is authorized and directed to transfer to the So3 cial Security Trust Fund, and, in addition, such gifts and 

4 bequests as may be made as provided in subsection (i)(1), 

5 and such amounts as may be appropriated to, or deposited 

6 in, the Social Security Trust Fund as hereinafter pro7 vided. There is hereby appropriated to the Social Security 

8 Trust Fund for the first fiscal year that begins after date 

9 of the enactment of section 203 of Social Security 2100: 

10 A Sacred Trust, and for each fiscal year thereafter, out 

11 of any moneys in the Treasury not otherwise appropriated, 

12 amounts equivalent to 100 percent of— 

13 ‘‘(1) the taxes imposed by chapter 21 (other 

14 than sections 3101(b) and 3111(b)) of the Internal 

15 Revenue Code of 1986 with respect to wages (as de16 fined in section 3121 of such Code) reported to the 

17 Secretary of the Treasury pursuant to subtitle F of 

18 the Internal Revenue Code of 1986, as determined 

19 by the Secretary of the Treasury by applying the ap20 plicable rates of tax under such chapter (other than 

21 sections 3101(b) and 3111(b)) to such wages, which 

22 wages shall be certified by the Commissioner of So23 cial Security on the basis of the records of wages es24 tablished and maintained by such Commissioner in 

25 accordance with such reports; and 


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1 ‘‘(2) the taxes imposed by chapter 2 (other than 

2 section 1401(b)) of the Internal Revenue Code of 

3 1986 with respect to self-employment income (as de4 fined in section 1402 of such Code) reported to the 

5 Secretary of the Treasury on tax returns under sub6 title F of such Code, as determined by the Secretary 

7 of the Treasury by applying the applicable rate of 

8 tax under such chapter (other than section 1401(b)) 

9 to such self-employment income, which self-employ10 ment income shall be certified by the Commissioner 

11 of Social Security on the basis of the records of self12 employment income established and maintained by 

13 the Commissioner of Social Security in accordance 

14 with such returns. 

15 The amounts appropriated by paragraphs (1) and (2) shall 

16 be transferred from time to time from the general fund 

17 in the Treasury to the Social Security Trust Fund, such 

18 amounts to be determined on the basis of estimates by 

19 the Secretary of the Treasury of the taxes, specified in 

20 paragraphs (1) and (2), paid to or deposited into the 

21 Treasury; and proper adjustments shall be made in 

22 amounts subsequently transferred to the extent prior esti23 mates were in excess of or were less than the taxes speci24 fied in such paragraphs (1) and (2). All amounts trans25 ferred to the Social Security Trust Fund under the preVerDate Sep 11 2014 03:50 Nov 04, 2021 Jkt 029200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\S3071.IS S3071

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1 ceding sentence shall be invested by the Managing Trustee 

2 in the same manner and to the same extent as the other 

3 assets of the Trust Fund. Notwithstanding the preceding 

4 sentence, in any case in which the Secretary of the Treas5 ury determines that the assets of the Trust Fund would 

6 otherwise be inadequate to meet the Trust Fund’s obliga7 tions for any month, the Secretary of the Treasury shall 

8 transfer to the Trust Fund on the first day of such month 

9 the total amount which would have been transferred to 

10 the Trust Fund under this section as in effect on October 

11 1, 1990; and the Trust Fund shall pay interest to the gen12 eral fund on the amount so transferred on the first day 

13 of any month at a rate (calculated on a daily basis, and 

14 applied against the difference between the amount so 

15 transferred on such first day and the amount which would 

16 have been transferred to the Trust Fund up to that day 

17 under the procedures in effect on January 1, 1983) equal 

18 to the rate earned by the investments of the Trust Fund 

19 in the same month under subsection (d).’’. 

20 (b) REQUIRED ACTUARIAL ANALYSIS.—Section 

21 201(c) of the Social Security Act is amended by striking 

22 the fourth sentence in the matter following paragraph (5) 

23 and inserting the following: ‘‘Such report shall also include 

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1 ficiaries and their auxiliaries, and to survivor bene2 ficiaries.’’. 

3 (c) BOARD OF TRUSTEES.— 

4 (1) BOARD OF TRUSTEES OF SOCIAL SECURITY

5 TRUST FUND.—Section 201(c) of the Social Security 

6 Act, as amended by subsection (b) of this section, is 

7 further amended in the matter preceding paragraph 

8 (1) by striking ‘‘the Federal Old-Age and Survivors 

9 Insurance Trust Fund and the Federal Disability 

10 Insurance Trust Fund (hereinafter in this title 

11 called the ‘Trust Funds’)’’ and inserting ‘‘the Social 

12 Security Trust Fund (in this title referred to as the 

13 ‘Trust Fund’)’’. 

14 (2) CONTINUITY OF BOARD OF TRUSTEES.— 

15 The Board of Trustees of the Social Security Trust 

16 Fund created by the amendment made by subsection 

17 (a) shall be a continuous body with the Board of 

18 Trustees of the Federal Old-Age and Survivors In19 surance Trust Fund and the Federal Disability In20 surance Trust Fund in operation prior to the effec21 tive date of such amendment. Individuals serving as 

22 members of the Board of Trustees of the Federal 

23 Old-Age and Survivors Insurance Trust Fund and 

24 the Federal Disability Insurance Trust Fund as of 

25 the effective date of such amendment shall serve the 


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1 remainder of their term as members of the Board of 

2 Trustees of the Social Security Trust Fund. 

3 (d) CONFORMING AMENDMENTS RELATED TO SO4 CIAL SECURITY TRUST FUND.— 

5 (1) AMENDMENT TO SECTION HEADING.—The 

6 section heading for section 201 of the Social Secu7 rity Act is amended to read as follows: ‘‘SOCIAL SE8 CURITY TRUST FUND’’. 

9 (2) BOARD OF TRUSTEES.—Section 201(c) of 

10 such Act, as amended by subsections (b) and (c)(1), 

11 is further amended— 

12 (A) in the matter preceding paragraph (1), 

13 by striking ‘‘Board of Trustees of the Trust 

14 Funds’’ and inserting ‘‘Board of Trustees of 

15 the Trust Fund’’; 

16 (B) in paragraph (1), by striking ‘‘Trust 

17 Funds’’ and inserting ‘‘Trust Fund’’; 

18 (C) in paragraph (2)— 

19 (i) by striking ‘‘Trust Funds’’ and in20 serting ‘‘Trust Fund’’; and 

21 (ii) by striking ‘‘their’’ and inserting 

22 ‘‘its’’; 

23 (D) in paragraph (3), by striking ‘‘either 

24 of the Trust Funds’’ and inserting ‘‘the Trust 

25 Fund’’; 


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1 (E) in paragraph (5)— 

2 (i) by striking ‘‘managing the Trust 

3 Funds’’ and inserting ‘‘managing the 

4 Trust Fund’’; and 

5 (ii) by striking ‘‘Trust Funds are’’ 

6 and inserting ‘‘Trust Fund is’’; 

7 (F) in the matter following paragraph (5), 

8 by striking ‘‘Trust Funds’’ each place it ap9 pears and inserting ‘‘Trust Fund’’; and 

10 (G) in the second sentence in the matter 

11 following paragraph (5), by striking ‘‘whether 

12 the Federal Old-Age and Survivors Insurance 

13 Trust Fund and the Federal Disability Insur14 ance Trust Fund, individually and collectively, 

15 are’’ and inserting ‘‘whether the Social Security 

16 Trust Fund is’’. 

17 (3) INVESTMENTS.—Section 201 of such Act is 

18 amended in subsections (d) and (e) by striking 

19 ‘‘Trust Funds’’ each place it appears and inserting 

20 ‘‘Trust Fund’’. 

21 (4) CREDITING OF INTEREST AND PROCEEDS

22 TO TRUST FUNDS.—Section 201(f) of such Act is 

23 amended— 

24 (A) by striking ‘‘the Federal Old-Age and 

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1 eral Disability Insurance Trust Fund shall be 

2 credited to and form a part of the Federal Old3 Age and Survivors Insurance Trust Fund and 

4 the Disability Insurance Trust Fund, respec5 tively’’ and inserting ‘‘the Social Security Trust 

6 Fund shall be credited to and form a part of 

7 the Social Security Trust Fund’’; 

8 (B) by striking ‘‘either of the Trust 

9 Funds’’ and inserting ‘‘the Trust Fund’’; and 

10 (C) by striking ‘‘such Trust Fund’’ and in11 serting ‘‘the Trust Fund’’. 

12 (5) ADMINISTRATIVE COSTS.—Section 201(g) of 

13 such Act is amended— 

14 (A) in paragraph (1)— 

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

16 ‘‘Of the amounts authorized to be made 

17 available out of the Federal Old-Age and 

18 Survivors Insurance Trust Fund and the 

19 Federal Disability Insurance Trust Fund 

20 under the preceding sentence’’ and all that 

21 follows through ‘‘(Public Law 103–296).’’; 

22 and 

23 (ii) in subparagraph (B)(i)— 

24 (I) by striking subclauses (II) 

25 and (III) and inserting the following: 


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1 ‘‘(II) the portion of such costs which 

2 should have been borne by the Social Security 

3 Trust Fund,’’; and 

4 (II) by redesignating subclauses 

5 (IV) and (V) as subclauses (III) and 

6 (IV); 

7 (B) in paragraph (2)— 

8 (i) by striking ‘‘Trust Funds’’ and in9 serting ‘‘Trust Fund’’; and 

10 (ii) by striking the last sentence; and 

11 (C) in paragraph (4), by striking ‘‘Trust 

12 Funds’’ each place it appears and inserting 

13 ‘‘Trust Fund’’. 

14 (6) BENEFIT PAYMENTS.—Section 201(h) of 

15 such Act is amended to read as follows: 

16 ‘‘(h) All benefit payments required to be made under 

17 this title shall be made only from the Social Security Trust 

18 Fund.’’. 

19 (7) GIFTS.—Section 201(i) of such Act is 

20 amended— 

21 (A) in paragraph (1), by striking ‘‘the 

22 Federal Old-Age and Survivors Insurance Trust 

23 Fund, the Federal Disability Insurance Trust 

24 Fund’’ and inserting ‘‘the Social Security Trust 

25 Fund’’; and 


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1 (B) in paragraph (2)(B), by striking ‘‘the 

2 Federal Old-Age and Survivors Insurance Trust 

3 Fund’’ and inserting ‘‘the Social Security Trust 

4 Fund’’. 

5 (8) TRAVEL EXPENSES.—Section 201(j) of such 

6 Act is amended by striking ‘‘the Federal Old-Age 

7 and Survivors Insurance Trust Fund, or the Federal 

8 Disability Insurance Trust Fund (as determined ap9 propriate by the Commissioner of Social Security)’’ 

10 and inserting ‘‘the Social Security Trust Fund’’. 

11 (9) DEMONSTRATION PROJECTS.—Section 

12 201(k) of such Act is amended by striking ‘‘the Fed13 eral Disability Insurance Trust Fund and the Fed14 eral Old-Age and Survivors Insurance Trust Fund, 

15 as determined appropriate by the Commissioner of 

16 Social Security’’ and inserting ‘‘the Social Security 

17 Trust Fund’’. 

18 (10) BENEFIT CHECKS.—Section 201(m) of 

19 such Act is amended— 

20 (A) in paragraph (2), by striking ‘‘each of 

21 the Trust Funds’’ and inserting ‘‘the Social Se22 curity Trust Fund’’; 

23 (B) in paragraph (3), by striking ‘‘one of 

24 the Trust Funds’’ and inserting ‘‘the Trust 

25 Fund’’; and 


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1 (C) by striking ‘‘such Trust Fund’’ each 

2 place it appears and inserting ‘‘the Trust 

3 Fund’’. 

4 (11) CONFORMING REPEALS.— 

5 (A) IN GENERAL.—Section 201 of such 

6 Act is amended by striking subsections (b), (l), 

7 and (n). 

8 (B) REDESIGNATIONS.—Section 201 of 

9 such Act is further amended— 

10 (i) by redesignating subsections (c) 

11 through (j) as subsections (b) through (i), 

12 respectively; 

13 (ii) by redesignating subsection (k) as 

14 subsection (j); and 

15 (iii) by redesignating subsection (m) 

16 as subsection (k). 

17 (C) REFERENCES TO REDESIGNATED SEC18 TIONS.— 

19 (i) Section 201(a) of such Act, as 

20 amended by subsection (a) of this section, 

21 is further amended— 

22 (I) by striking ‘‘subsection 

23 (i)(1)’’ and inserting ‘‘subsection 

24 (h)(1)’’; and 


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1 (II) by striking ‘‘subsection (d)’’ 

2 and inserting ‘‘subsection (c)’’. 

3 (ii) Section 1131(b)(1) of such Act is 

4 amended by striking ‘‘section 201(g)(1)’’ 

5 and inserting ‘‘section 201(f)(1)’’. 

6 (e) OTHER CONFORMING AMENDMENTS TO SOCIAL

7 SECURITY ACT.— 

8 (1) TITLE II.—Title II of the Social Security 

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

10 (A) in section 202(x)(3)(B)(iii), by striking 

11 ‘‘the Federal Old-Age and Survivors Insurance 

12 Trust Fund and the Federal Disability Insur13 ance Trust Fund, as appropriate,’’ and insert14 ing ‘‘the Social Security Trust Fund’’; 

15 (B) in section 206(d)(5), by striking ‘‘the 

16 Federal Old-Age and Survivors Insurance Trust 

17 Fund and the Federal Disability Insurance 

18 Trust Fund, as appropriate’’ and inserting ‘‘the 

19 Social Security Trust Fund’’; 

20 (C) in section 206(e)(3)(B), by striking 

21 ‘‘the Federal Old-Age and Survivors Insurance 

22 Trust Fund and the Federal Disability Insur23 ance Trust Fund’’ and inserting ‘‘the Social Se24 curity Trust Fund’’; 


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1 (D) in section 208(b)(5)(A), by striking 

2 ‘‘the Federal Old-Age and Survivors Insurance 

3 Trust Fund and the Federal Disability Insur4 ance Trust Fund, as appropriate’’ and inserting 

5 ‘‘the Social Security Trust Fund’’; 

6 (E) in section 215(i)(1)(F)— 

7 (i) in clause (i)— 

8 (I) by striking ‘‘the combined 

9 balance in the Federal Old-Age and 

10 Survivors Insurance Trust Fund and 

11 the Federal Disability Insurance 

12 Trust Fund’’ and inserting ‘‘the bal13 ance in the Social Security Trust 

14 Fund’’; and 

15 (II) by striking ‘‘and reduced by 

16 the outstanding amount of any loan 

17 (including interest thereon) thereto18 fore made to either such Fund from 

19 the Federal Hospital Insurance Trust 

20 Fund under section 201(l)’’; and 

21 (ii) in clause (ii)— 

22 (I) by striking ‘‘the Federal Old23 Age and Survivors Insurance Trust 

24 Fund and the Federal Disability In25 surance Trust Fund’’ and inserting 


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1 ‘‘the Social Security Trust Fund’’; 

2 and 

3 (II) by striking ‘‘(other than pay4 ments’’ and all that follows through 

5 ‘‘and reducing’’ and inserting ‘‘, but 

6 reducing’’; 

7 (F) in section 221(e)— 

8 (i) by striking ‘‘Trust Funds’’ each 

9 place it appears and inserting ‘‘Trust 

10 Fund’’; and 

11 (ii) by striking the last sentence; 

12 (G) in section 221(f), by striking ‘‘Trust 

13 Funds’’ and inserting ‘‘Trust Fund’’; 

14 (H) in section 222(d)— 

15 (i) in the section heading, by striking 

16 ‘‘TRUST FUNDS’’ and inserting ‘‘TRUST

17 FUND’’; 

18 (ii) in paragraph (1), by striking ‘‘to 

19 the end that savings will accrue to the 

20 Trust Funds as a result of rehabilitating 

21 such individuals, there are authorized to be 

22 transferred from the Federal Old-Age and 

23 Survivors Insurance Trust Fund and the 

24 Federal Disability Insurance Trust Fund’’ 

25 and inserting ‘‘to the end that savings will 


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1 accrue to the Trust Fund as a result of re2 habilitating such individuals, there are au3 thorized to be transferred from the Social 

4 Security Trust Fund’’; and 

5 (iii) by amending paragraph (4) to 

6 read as follows: 

7 ‘‘(4) The Commissioner of Social Security shall deter8 mine according to such methods and procedures as the 

9 Commissioner may deem appropriate the total amount to 

10 be reimbursed for the cost of services under this sub11 section.’’; 

12 (I) in section 228(g)— 

13 (i) in the section heading, by striking 

14 ‘‘FEDERAL OLD-AGE AND SURVIVORS IN15 SURANCE TRUST FUND’’ and inserting 

16 ‘‘SOCIAL SECURITY TRUST FUND’’; and 

17 (ii) in the matter preceding paragraph 

18 (1), by striking ‘‘Federal Old-Age and Sur19 vivors Insurance Trust Fund’’ and insert20 ing ‘‘Social Security Trust Fund’’; 

21 (J) in section 231(c), by striking ‘‘Trust 

22 Funds’’ each place it appears and inserting 

23 ‘‘Trust Fund’’; and 

24 (K) in section 234(a)(1), by striking 

25 ‘‘Trust Funds’’ and inserting ‘‘Trust Fund’’. 


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1 (2) TITLE VII.—Title VII of the Social Security 

2 Act (42 U.S.C. 901 et seq.) is amended— 

3 (A) in section 703(j), by striking ‘‘Federal 

4 Disability Insurance Trust Fund, the Federal 

5 Old-Age and Survivors Insurance Trust Fund,’’ 

6 and inserting ‘‘Social Security Trust Fund’’; 

7 (B) in section 708(c), by striking ‘‘the 

8 ‘OASDI trust fund ratio’ under section 201(l),’’ 

9 after ‘‘computing’’; 

10 (C) in section 709— 

11 (i) in subsection (a), by striking ‘‘Fed12 eral Old-Age and Survivors Insurance 

13 Trust Fund and the Federal Disability In14 surance Trust Fund’’ and inserting ‘‘Social 

15 Security Trust Fund’’; and 

16 (ii) in subsection (b)— 

17 (I) in paragraph (1), by striking 

18 ‘‘section 201(l) or’’; and 

19 (II) in paragraph (2), by striking 

20 ‘‘Federal Old-Age and Survivors In21 surance Trust Fund and the Federal 

22 Disability Insurance Trust Fund’’ and 

23 inserting ‘‘Social Security Trust 

24 Fund’’; and 

25 (D) in section 710— 


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1 (i) in subsection (a), by striking ‘‘Fed2 eral Old-Age and Survivors Insurance 

3 Trust Fund and the Federal Disability In4 surance Trust Fund’’ and inserting ‘‘Social 

5 Security Trust Fund’’; and 

6 (ii) in subsection (b)— 

7 (I) by striking ‘‘any Trust Fund 

8 specified in subsection (a)’’ and in9 serting ‘‘the Social Security Trust 

10 Fund’’; and 

11 (II) by striking ‘‘payments from 

12 any such Trust Fund’’ and inserting 

13 ‘‘payments from the Social Security 

14 Trust Fund’’. 

15 (3) TITLE XI.—Title XI of the Social Security 

16 Act (42 U.S.C. 1301 et seq.) is amended— 

17 (A) in section 1106(b), by striking ‘‘the 

18 Federal Old-Age and Survivors Insurance Trust 

19 Fund, the Federal Disability Insurance Trust 

20 Fund’’ and inserting ‘‘the Social Security Trust 

21 Fund’’; 

22 (B) in section 1129(e)(2)(A), by striking 

23 ‘‘the Federal Old-Age and Survivors Insurance 

24 Trust Fund or the Federal Disability Insurance 

25 Trust Fund, as determined appropriate by the 


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1 Secretary’’ and inserting ‘‘the Social Security 

2 Trust Fund’’; 

3 (C) in sections 1131(b)(2) and 1140(c)(2), 

4 by striking ‘‘the Federal Old-Age and Survivors 

5 Insurance Trust Fund’’ and inserting ‘‘the So6 cial Security Trust Fund’’; 

7 (D) in section 1145(c)— 

8 (i) by striking paragraphs (1) and (2) 

9 and inserting the following: 

10 ‘‘(1) the Social Security Trust Fund;’’; and 

11 (ii) by redesignating paragraphs (3) 

12 and (4) as paragraphs (2) and (3), respec13 tively; and 

14 (E) in section 1148(j)(1)(A)— 

15 (i) in the first sentence, by striking 

16 ‘‘the Federal Old-Age and Survivors Insur17 ance Trust Fund and the Federal Dis18 ability Insurance Trust Fund’’ and insert19 ing ‘‘the Social Security Trust Fund’’; and 

20 (ii) by striking the second sentence. 

21 (4) TITLE XVIII.—Title XVIII of the Social Se22 curity Act (42 U.S.C. 1395) is amended— 

23 (A) in section 1817(g), by striking ‘‘Fed24 eral Old-Age and Survivors Insurance Trust 

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1 ance Trust Fund’’ and inserting ‘‘Social Secu2 rity Trust Fund’’; 

3 (B) in section 1840(a)(2), by striking 

4 ‘‘Federal Old-Age and Survivors Insurance 

5 Trust Fund or the Federal Disability Insurance 

6 Trust Fund’’ and inserting ‘‘Social Security 

7 Trust Fund’’; and 

8 (C) in section 1841(f), by striking ‘‘Fed9 eral Old-Age and Survivors Insurance Trust 

10 Fund and from the Federal Disability Insur11 ance Trust Fund’’ and inserting ‘‘Social Secu12 rity Trust Fund’’. 

13 (f) CONFORMING AMENDMENTS OUTSIDE OF SOCIAL

14 SECURITY ACT.— 

15 (1) BUDGET.— 

16 (A) OFF-BUDGET EXEMPTION.—Section 

17 405(a) of the Congressional Budget Act of 

18 1974 (2 U.S.C. 655(a)) is amended by striking 

19 ‘‘Federal Old-Age and Survivors Insurance and 

20 Federal Disability Insurance Trust Funds’’ and 

21 inserting ‘‘Social Security Trust Fund’’. 

22 (B) SEQUESTRATION EXEMPTION.—Sec23 tion 255(g)(1)(A) of the Balanced Budget and 

24 Emergency Deficit Control Act of 1985 (2 

25 U.S.C. 905(g)(1)(A)) is amended by striking 


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1 ‘‘Payments to Social Security Trust Funds’’ 

2 and inserting ‘‘Payments to the Social Security 

3 Trust Fund’’. 

4 (2) TAX.— 

5 (A) TAXABLE WAGES.—Section 3121(l)(4) 

6 of the Internal Revenue Code of 1986 is 

7 amended by striking ‘‘Federal Old-Age and 

8 Survivors Insurance Trust Fund and the Fed9 eral Disability Insurance Trust Fund’’ and in10 serting ‘‘Social Security Trust Fund’’. 

11 (B) OVERPAYMENTS.— 

12 (i) Section 6402(d)(3)(C) of the Inter13 nal Revenue Code of 1986 is amended by 

14 striking ‘‘Federal Old-Age and Survivors 

15 Insurance Trust Fund or the Federal Dis16 ability Insurance Trust Fund, whichever is 

17 certified to the Secretary as appropriate by 

18 the Commissioner of Social Security’’ and 

19 inserting ‘‘Social Security Trust Fund’’. 

20 (ii) Subsection (f)(2)(B) of section 

21 3720A of title 31, United States Code, is 

22 amended by striking ‘‘Federal Old-Age and 

23 Survivors Insurance Trust Fund or the 

24 Federal Disability Insurance Trust Fund, 

25 whichever is certified to the Secretary of 


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1 the Treasury as appropriate by the Com2 missioner of Social Security’’ and inserting 

3 ‘‘Social Security Trust Fund’’. 

4 (3) FALSE CLAIMS PENALTIES.—Subsection 

5 (g)(2) of section 3806 of title 31, United States 

6 Code, is amended— 

7 (A) in subparagraph (B)— 

8 (i) by striking ‘‘Secretary of Health 

9 and Human Services’’ and inserting ‘‘Com10 missioner of Social Security’’; and 

11 (ii) by striking ‘‘Federal Old-Age and 

12 Survivors Insurance Trust Fund’’ and in13 serting ‘‘Social Security Trust Fund’’; and 

14 (B) in subparagraph (C)— 

15 (i) by striking ‘‘Secretary of Health 

16 and Human Services’’ and inserting ‘‘Com17 missioner of Social Security’’; and 

18 (ii) by striking ‘‘Federal Disability In19 surance Trust Fund’’ and inserting ‘‘Social 

20 Security Trust Fund’’. 

21 (4) RAILROAD RETIREMENT BOARD.—Section 7 

22 of the Railroad Retirement Act of 1974 (45 U.S.C. 

23 231f) is amended— 

24 (A) in subsection (b)(2), by striking ‘‘Fed25 eral Old-Age and Survivors Insurance Trust 


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1 Fund and the Federal Disability Insurance 

2 Trust Fund’’ and inserting ‘‘Social Security 

3 Trust Fund’’; 

4 (B) in subsection (c)(2)— 

5 (i) by striking ‘‘Secretary of Health, 

6 Education, and Welfare’’ each time it ap7 pears and inserting ‘‘Commissioner of So8 cial Security’’; and 

9 (ii) by striking ‘‘Federal Old-Age and 

10 Survivors Insurance Trust Fund, the Fed11 eral Disability Insurance Trust Fund,’’ 

12 each time it appears and inserting ‘‘Social 

13 Security Trust Fund’’; and 

14 (C) in subsection (c)(4), by striking ‘‘Fed15 eral Old-Age and Survivors Insurance Trust 

16 Fund, the Federal Disability Insurance Trust 

17 Fund,’’ and inserting ‘‘Social Security Trust 

18 Fund’’. 

19 (g) RULE OF CONSTRUCTION.—Effective beginning 

20 on January 1, 2022, any reference in law (other than sec21 tion 201(a) of the Social Security Act) to the ‘‘Federal 

22 Old-Age and Survivors Insurance Trust Fund’’ or the 

23 ‘‘Federal Disability Insurance Trust Fund’’ is deemed to 

24 be a reference to the Social Security Trust Fund. 


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

2 this section shall take effect on January 1, 2022. 

3 TITLE III—STRENGTHENING 

4 SERVICE DELIVERY 

5 SEC. 301. CLARIFYING THE REQUIREMENT TO MAIL SOCIAL 

6 SECURITY ACCOUNT STATEMENTS. 

7 (a) IN GENERAL.—Section 1143 of the Social Secu8 rity Act (42 U.S.C. 1320b–13) is amended— 

9 (1) in subsection (a)(1), by adding at the end 

10 the following: ‘‘Such statement shall be provided by 

11 mail unless the requesting individual chooses elec12 tronic delivery for that request.’’; and 

13 (2) in subsection (c)(2)— 

14 (A) by striking ‘‘Beginning not later than’’ 

15 and inserting ‘‘(A) Beginning not later than’’; 

16 (B) by inserting ‘‘by mail’’ after ‘‘provide’’; 

17 and 

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

19 ‘‘(B) In any case in which an eligible individual de20 scribed in subparagraph (A) responds to an annual inquiry 

21 by the Commissioner relating to the mailing of the individ22 ual’s statement by making an election that such statement 

23 for such year be provided in electronic form only, the re24 quirements of this paragraph shall be deemed to be satis25 fied for such year with respect to the individual.’’. 


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

2 subsection (a) shall apply with respect to Social Security 

3 account statements required to be provided on or after 

4 January 1, 2022. 

5 SEC. 302. PREVENTING CLOSURE OF FIELD AND HEARING 

6 OFFICES AND RESIDENT OR RURAL CONTACT 

7 STATIONS. 

8 (a) MORATORIUM ON CLOSURE OR CONSOLIDATION

9 OF FIELD OR HEARING OFFICES OR NEW LIMITATIONS

10 ON ACCESS TO SUCH OFFICES.— 

11 (1) IN GENERAL.—Except as provided in para12 graph (2), the Commissioner of Social Security shall 

13 take no action on or after January 1, 2022, to close 

14 or consolidate field or hearing offices of the Social 

15 Security Administration or to otherwise impose any 

16 new limitation on access to such offices. 

17 (2) CESSATION OF MORATORIUM UPON REPORT

18 TO CONGRESS.—Paragraph (1) shall cease to be ef19 fective 180 days after the Commissioner submits to 

20 the Committee on Ways and Means of the House of 

21 Representatives and the Committee on Finance of 

22 the Senate a detailed report outlining and justifying 

23 the process for selecting field or hearing offices to be 

24 closed or consolidated or otherwise to have limited 

25 access. Such report shall include— 


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1 (A) an analysis of the criteria used for se2 lecting field or hearing offices for closure, con3 solidation, or limited access; 

4 (B) a description of how the Commissioner 

5 has analyzed and considered relevant factors, 

6 including but not limited to transportation and 

7 communication burdens faced by individuals 

8 serviced by the offices, including elderly and 

9 disabled citizens; and 

10 (C) a description of any method of cost11 benefit analysis applied by the Commissioner in 

12 connection with closures and consolidations of 

13 field or hearing offices, and other limitations on 

14 access to field or hearing offices, including any 

15 analysis that takes into account— 

16 (i) the anticipated savings resulting 

17 from the closure, consolidation, or limita18 tion on access; 

19 (ii) the anticipated costs associated 

20 with replacing services lost by the closure, 

21 consolidation, or limitation on access; 

22 (iii) the anticipated effects on employ23 ees of the offices affected; 

24 (iv) how the loss of access resulting 

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1 tion on access will be replaced by the es2 tablishment of a new field or hearing of3 fice, increased access at a different office, 

4 or some other means, and the factors con5 sidered by the Commissioner in deter6 mining how to replace such lost access; 

7 and 

8 (v) such other relevant factors as may 

9 be determined by the Commissioner, in10 cluding but not limited to transportation 

11 and communication burdens faced by indi12 viduals serviced by the offices, including el13 derly and disabled citizens. 

14 (b) REQUIREMENTS FOR FUTURE CLOSURES, CON15 SOLIDATIONS, AND NEW LIMITATIONS ON ACCESS.— 

16 (1) IN GENERAL.—Section 704 of the Social 

17 Security Act (42 U.S.C. 904) is amended by adding 

18 at the end the following new subsection: 

19 ‘‘Field and Hearing Offices 

20 ‘‘(f)(1) The Commissioner may not close a field or 

21 hearing office of the Administration, consolidate two or 

22 more such offices, or otherwise impose any new limitation 

23 on public access to any such office, unless the Commis24 sioner complies with the requirements of paragraphs (2), 


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1 (3), (4), and (5) in connection with the closure, consolida2 tion, or limitation on public access. 

3 ‘‘(2)(A) The requirements of this paragraph are met 

4 in connection with a closure, consolidation, or new limita5 tion on access referred to in paragraph (1) only if— 

6 ‘‘(i) not later than 120 days before the date of 

7 the closure, consolidation, or limitation on access, 

8 the Commissioner provides effective public notice of 

9 the proposed closure, consolidation, or limitation on 

10 access (including, to the extent practicable, notice by 

11 direct mailing and through community outlets such 

12 as newspapers and posting in heavily frequented 

13 public spaces) to individuals residing in the area 

14 serviced by the affected office or offices; 

15 ‘‘(ii) the public notice issued pursuant to clause 

16 (i) includes information on— 

17 ‘‘(I) how the Commissioner will, not later 

18 than 30 days after the date of the closure, con19 solidation, or limitation on access, replace the 

20 loss in access resulting from the closure, con21 solidation, or limitation on access by estab22 lishing a new office, increasing public access to 

23 a different office, or some other means; and 

24 ‘‘(II) how to contact the Administration if 

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1 lems as a result of the closure, consolidation, or 

2 limitation on access; and 

3 ‘‘(iii) not earlier than 30 days after the 

4 issuance of public notice pursuant to clause (i) and 

5 not later than 45 days before the date of the pro6 posed closure, consolidation, or limitation on access, 

7 the Commissioner conducts at least 2 public hear8 ings (scheduled so that the first and last such hear9 ings are separated by at least 10 days), at which the 

10 Commissioner presents the justifications for the clo11 sure, consolidation, or limitation on access described 

12 in subparagraph (B) and provides for attendees an 

13 opportunity to present their views regarding the pro14 posed closure, consolidation, or limitation on access. 

15 ‘‘(B) The justifications referred to in subparagraph 

16 (A)(iii) shall consist of the following: 

17 ‘‘(i) an analysis of the criteria used for selecting 

18 the field or hearing office or offices for closure, con19 solidation, or limited access; 

20 ‘‘(ii) a description of how the Commissioner has 

21 analyzed and considered relevant factors, including 

22 but not limited to transportation and communication 

23 burdens faced by individuals serviced by the offices, 

24 including elderly and disabled citizens; and 


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1 ‘‘(iii) a description of a method of cost-benefit 

2 analysis which shall be applied by the Commissioner 

3 in connection with the closure, consolidation, or limi4 tation on access, and which shall take into ac5 count— 

6 ‘‘(I) the anticipated savings resulting from 

7 the closure, consolidation, or limitation on ac8 cess; 

9 ‘‘(II) the anticipated costs associated with 

10 replacing services lost by the closure, consolida11 tion, or limitation on access; 

12 ‘‘(III) the anticipated effects on employees 

13 of the offices affected; and 

14 ‘‘(IV) such other relevant factors as may 

15 be determined by the Commissioner, including 

16 but not limited to transportation and commu17 nication burdens faced by individuals serviced 

18 by the offices, including elderly and disabled 

19 citizens. 

20 ‘‘(C) The notice provided pursuant to subparagraph 

21 (A)(i) shall include notice of the time and place of the 

22 public hearings to be conducted pursuant to clause (A)(iii) 

23 and of the right of aggrieved individuals to appeal to the 

24 Commissioner regarding the proposed closure, consolida25 tion, or limitation on access pursuant to paragraph (4). 


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1 ‘‘(3) The requirements of this paragraph are met in 

2 connection with a closure, consolidation, or limitation on 

3 access referred to in paragraph (1) only if, not later than 

4 30 days before the date of the proposed closure, consolida5 tion, or limitation on access, the Commissioner submits 

6 to the Committee on Ways and Means of the House of 

7 Representatives, the Committee on Finance of the Senate, 

8 and each Member of the Congress representing a State 

9 or congressional district in which the affected office or of10 fices are located a detailed final report in support of the 

11 closure, consolidation, or limitation on access. Such report 

12 shall include— 

13 ‘‘(A) the justifications described in paragraph 

14 (2)(B), (including any amendments made to such 

15 justifications after the public hearings conducted 

16 pursuant to paragraph (2)(A)); 

17 ‘‘(B) any findings made by the Commissioner 

18 pursuant to the public hearings; 

19 ‘‘(C) the status of any appeals regarding the 

20 closure, consolidation, or new limitation on access 

21 which were commenced pursuant to paragraph (4) 

22 before the date of the report; 

23 ‘‘(D) the final decision of the Commissioner re24 garding the closure, consolidation, or new limitation 

25 on access; and 


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1 ‘‘(E) such other information as the Commis2 sioner considers relevant. 

3 ‘‘(4)(A) Upon timely request by any individual who 

4 makes a showing in writing described in subparagraph (B) 

5 in connection with a proposed closure, consolidation, or 

6 limitation on access referred to in subparagraph (A), the 

7 Commissioner shall give such individual an opportunity for 

8 a hearing with respect to the closure, consolidation, or lim9 itation on access. The request for the hearing shall be con10 sidered timely only if it is made not later than 30 days 

11 before the proposed date of the closure, consolidation, or 

12 limitation on access. The Commissioner shall submit to 

13 the Committee on Ways and Means of the House of Rep14 resentatives, the Committee on Finance of the Senate, and 

15 each Member of the Congress representing a State or con16 gressional district in which the affected office or offices 

17 are located the Commissioner’s findings based on the 

18 hearing and a description of any action taken or to be 

19 taken by the Commissioner on the basis of such findings. 

20 ‘‘(B) A showing described in subparagraph (A) shall 

21 consist of a showing that— 

22 ‘‘(i) the determination of the Commissioner to 

23 close a field or hearing office, consolidate field or 

24 hearing offices, or impose a new limitation on access 

25 to a field or hearing office is arbitrary, capricious, 


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1 an abuse of discretion, not in accordance with law, 

2 or not based on substantial evidence; or 

3 ‘‘(ii) the Commissioner has failed to observe 

4 procedures required by law in connection with the 

5 closure, consolidation, or new limitation on access. 

6 ‘‘(5) The requirement of this paragraph is met in 

7 connection with a closure, consolidation, or limitation on 

8 access referred to in paragraph (1) only if such closure, 

9 consolidation, or limitation on access will not result in the 

10 total number of field or hearing offices of the Administra11 tion falling below the total number of such offices that 

12 were in operation on September 30, 2021.’’. 

13 (2) EFFECTIVE DATE.—The amendment made 

14 by paragraph (1) of this subsection shall apply with 

15 respect to closures and consolidations of field or 

16 hearing offices and impositions of new limitations on 

17 access to such offices occurring after the cessation 

18 of the moratorium under subsection (a) of this sec19 tion. 

20 SEC. 303. ENSURING ACCESS TO PROFESSIONAL REP21 RESENTATION. 

22 (a) IN GENERAL.—Section 206(a)(2)(A) of the Social 

23 Security Act (42 U.S.C. 406(a)(2)(A)) is amended by 

24 striking ‘‘The Commissioner of Social Security may’’ and 

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1 lowing: ‘‘In the case of an agreement described in this sub2 paragraph entered into in a calendar year after 2021, the 

3 dollar amount specified in clause (ii)(II) for such calendar 

4 year shall be equal to the amount determined for the cal5 endar year preceding such calendar year, or if larger, the 

6 product (rounded to the nearest dollar) of the amount so 

7 specified and the ratio of the national average wage index 

8 (as defined in section 209(k)(1)) for the second calendar 

9 year preceding such calendar year to the national average 

10 wage index (as so defined) for 1989. Not later than No11 vember 1 of each calendar year after 2020, the Commis12 sioner of Social Security shall publish in the Federal Reg13 ister the dollar amount applicable to agreements entered 

14 into in the succeeding calendar year.’’. 

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

16 of such Act (42 U.S.C. 409(k)(1)), as amended by sections 

17 103(c) and 106(b), is further amended by inserting 

18 ‘‘206(a)(2)(A),’’ after ‘‘203(f)(8)(B)(ii),’’. 

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

20 this section shall apply with respect to agreements entered 

21 into on or after January 1, 2022. 

Æ 


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