I 

111TH CONGRESS 

1ST SESSION H. R. 3677 

To provide relief payments to recipients of social security and railroad 

retirement benefits, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 30, 2009 

Ms. GRANGER introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of 

such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To provide relief payments to recipients of social security 

and railroad retirement benefits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Save Our Seniors’ So5 cial Security Act of 2009’’. 

6 SEC. 2. RELIEF PAYMENTS TO RECIPIENTS OF SOCIAL SE7 CURITY AND RAILROAD RETIREMENT BENE8 FITS. 

9 (a) AUTHORITY TO MAKE PAYMENTS.— 


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1 (1) ELIGIBILITY.— 

2 (A) IN GENERAL.—Subject to paragraph 

3 (5)(B), the Secretary of the Treasury shall dis4 burse a $280 payment to each individual who, 

5 for any of the months of December 2009, Janu6 ary 2010, or February 2010, is entitled to a 

7 benefit payment described in clause (i) or (ii) of 

8 subparagraph (B). 

9 (B) BENEFIT PAYMENT DESCRIBED.—For 

10 purposes of subparagraph (A): 

11 (i) TITLE II BENEFIT.—A benefit pay12 ment described in this clause is a monthly 

13 insurance benefit payable (without regard 

14 to sections 202(j)(1) and 223(b) of the So15 cial Security Act (42 U.S.C. 402(j)(1), 

16 423(b))) under— 

17 (I) section 202(a) of such Act 

18 (42 U.S.C. 402(a)); 

19 (II) section 202(b) of such Act 

20 (42 U.S.C. 402(b)); 

21 (III) section 202(c) of such Act 

22 (42 U.S.C. 402(c)); 

23 (IV) section 202(d)(1)(B)(ii) of 

24 such Act (42 U.S.C. 

25 402(d)(1)(B)(ii)); 


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1 (V) section 202(e) of such Act 

2 (42 U.S.C. 402(e)); 

3 (VI) section 202(f) of such Act 

4 (42 U.S.C. 402(f)); 

5 (VII) section 202(g) of such Act 

6 (42 U.S.C. 402(g)); 

7 (VIII) section 202(h) of such Act 

8 (42 U.S.C. 402(h)); 

9 (IX) section 223(a) of such Act 

10 (42 U.S.C. 423(a)); 

11 (X) section 227 of such Act (42 

12 U.S.C. 427); or 

13 (XI) section 228 of such Act (42 

14 U.S.C. 428). 

15 (ii) RAILROAD RETIREMENT BEN16 EFIT.—A benefit payment described in this 

17 clause is a monthly annuity or pension 

18 payment payable (without regard to section 

19 5(a)(ii) of the Railroad Retirement Act of 

20 1974 (45 U.S.C. 231d(a)(ii))) under— 

21 (I) section 2(a)(1) of such Act 

22 (45 U.S.C. 231a(a)(1)); 

23 (II) section 2(c) of such Act (45 

24 U.S.C. 231a(c)); 


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1 (III) section 2(d)(1)(i) of such 

2 Act (45 U.S.C. 231a(d)(1)(i)); 

3 (IV) section 2(d)(1)(ii) of such 

4 Act (45 U.S.C. 231a(d)(1)(ii)); 

5 (V) section 2(d)(1)(iii)(C) of such 

6 Act to an adult disabled child (45 

7 U.S.C. 231a(d)(1)(iii)(C)); 

8 (VI) section 2(d)(1)(iv) of such 

9 Act (45 U.S.C. 231a(d)(1)(iv)); 

10 (VII) section 2(d)(1)(v) of such 

11 Act (45 U.S.C. 231a(d)(1)(v)); or 

12 (VIII) section 7(b)(2) of such Act 

13 (45 U.S.C. 231f(b)(2)) with respect to 

14 any of the benefit payments described 

15 in clause (i) of this subparagraph. 

16 (2) REQUIREMENT.—A payment shall be made 

17 under paragraph (1) only to individuals who reside 

18 in 1 of the 50 States, the District of Columbia, 

19 Puerto Rico, Guam, the United States Virgin Is20 lands, American Samoa, or the Northern Mariana 

21 Islands. For purposes of the preceding sentence, the 

22 determination of the individual’s residence shall be 

23 based on the current address of record under a pro24 gram specified in paragraph (1). 


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1 (3) NO DOUBLE PAYMENTS.—An individual 

2 shall be paid only 1 payment under this section, re3 gardless of whether the individual is entitled to, or 

4 eligible for, more than 1 benefit or cash payment de5 scribed in paragraph (1). 

6 (4) LIMITATION.—A payment under this section 

7 shall not be made— 

8 (A) in the case of an individual entitled to 

9 a benefit specified in paragraph (1)(B)(i) or 

10 paragraph (1)(B)(ii)(VIII) if, for the most re11 cent month of such individual’s entitlement in 

12 the 3-month period described in paragraph (1), 

13 such individual’s benefit under such paragraph 

14 was not payable by reason of subsection (x) or 

15 (y) of section 202 the Social Security Act (42 

16 U.S.C. 402) or section 1129A of such Act (42 

17 U.S.C. 1320a–8a); or 

18 (B) in the case of any individual whose 

19 date of death occurs before the date on which 

20 the individual is certified under subsection (b) 

21 to receive a payment under this section. 

22 (5) TIMING AND MANNER OF PAYMENTS.— 

23 (A) IN GENERAL.—The Secretary of the 

24 Treasury shall commence disbursing payments 

25 under this section at the earliest practicable 


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1 date but in no event later than 120 days after 

2 the date of the enactment of this Act. The Sec3 retary of the Treasury may disburse any pay4 ment electronically to an individual in such 

5 manner as if such payment was a benefit pay6 ment or cash benefit to such individual under 

7 the applicable program described in paragraph 

8 (1)(B). 

9 (B) DEADLINE.—No payments shall be 

10 disbursed under this section after December 31, 

11 2012, regardless of any determinations of enti12 tlement to, or eligibility for, such payments 

13 made after such date. 

14 (b) IDENTIFICATION OF RECIPIENTS.—The Commis15 sioner of Social Security and the Railroad Retirement 

16 Board shall certify the individuals entitled to receive pay17 ments under this section and provide the Secretary of the 

18 Treasury with the information needed to disburse such 

19 payments. A certification of an individual shall be unaf20 fected by any subsequent determination or redetermina21 tion of the individual’s entitlement to, or eligibility for, a 

22 benefit specified in subsection (a)(1)(B). 

23 (c) TREATMENT OF PAYMENTS.— 

24 (1) PAYMENT TO BE DISREGARDED FOR PUR25 POSES OF ALL FEDERAL AND FEDERALLY ASSISTED


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1 PROGRAMS.—A payment under subsection (a) shall 

2 not be regarded as income and shall not be regarded 

3 as a resource for the month of receipt and the fol4 lowing 9 months, for purposes of determining the 

5 eligibility of the recipient (or the recipient’s spouse 

6 or family) for benefits or assistance, or the amount 

7 or extent of benefits or assistance, under any Fed8 eral program or under any State or local program fi9 nanced in whole or in part with Federal funds. 

10 (2) PAYMENT NOT CONSIDERED INCOME FOR

11 PURPOSES OF TAXATION.—A payment under sub12 section (a) shall not be considered as gross income 

13 for purposes of the Internal Revenue Code of 1986. 

14 (3) PAYMENTS PROTECTED FROM ASSIGN15 MENT.—The provisions of sections 207 and 

16 1631(d)(1) of the Social Security Act (42 U.S.C. 

17 407, 1383(d)(1)) and section 14(a) of the Railroad 

18 Retirement Act of 1974 (45 U.S.C. 231m(a)) shall 

19 apply to any payment made under subsection (a) as 

20 if such payment was a benefit payment or cash ben21 efit to such individual under the applicable program 

22 described in subsection (a)(1)(B). 

23 (4) PAYMENTS SUBJECT TO OFFSET.—Notwith24 standing paragraph (3), for purposes of section 

25 3716 of title 31, United States Code, any payment 


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1 made under this section shall not be considered a 

2 benefit payment or cash benefit made under the ap3 plicable program described in subsection (a)(1)(B) 

4 and all amounts paid shall be subject to offset to 

5 collect delinquent debts. 

6 (d) PAYMENT TO REPRESENTATIVE PAYEES AND FI7 DUCIARIES.— 

8 (1) IN GENERAL.—In any case in which an in9 dividual who is entitled to a payment under sub10 section (a) and whose benefit payment or cash ben11 efit described in paragraph (1) of that subsection is 

12 paid to a representative payee or fiduciary, the pay13 ment under subsection (a) shall be made to the indi14 vidual’s representative payee or fiduciary and the en15 tire payment shall be used only for the benefit of the 

16 individual who is entitled to the payment. 

17 (2) APPLICABILITY.— 

18 (A) PAYMENT ON THE BASIS OF A TITLE

19 II BENEFIT.—Section 1129(a)(3) of the Social 

20 Security Act (42 U.S.C. 1320a–8(a)(3)) shall 

21 apply to any payment made on the basis of an 

22 entitlement to a benefit specified in subsection 

23 (a)(1)(B)(i) in the same manner as such section 

24 applies to a payment under title II of such Act. 


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1 (B) PAYMENT ON THE BASIS OF A RAIL2 ROAD RETIREMENT BENEFIT.—Section 13 of 

3 the Railroad Retirement Act (45 U.S.C. 231l) 

4 shall apply to any payment made on the basis 

5 of an entitlement to a benefit specified in sub6 section (a)(1)(B)(ii) in the same manner as 

7 such section applies to a payment under such 

8 Act. 

9 (e) APPROPRIATION.— 

10 (1) IN GENERAL.—Out of any sums in the 

11 Treasury of the United States not otherwise appro12 priated, the following sums are appropriated for the 

13 period of fiscal years 2010 through 2012 to carry 

14 out this section: 

15 (A) For the Secretary of the Treasury, 

16 $131,000,000 for administrative costs incurred 

17 in carrying out this section. 

18 (B) For the Commissioner of Social Secu19 rity— 

20 (i) such sums as may be necessary for 

21 payments to individuals certified by the 

22 Commissioner of Social Security as entitled 

23 to receive a payment under this section; 

24 and 


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1 (ii) $90,000,000 for the Social Secu2 rity Administration’s Limitation on Admin3 istrative Expenses for costs incurred in 

4 carrying out this section. 

5 (C) For the Railroad Retirement Board— 

6 (i) such sums as may be necessary for 

7 payments to individuals certified by the 

8 Railroad Retirement Board as entitled to 

9 receive a payment under this section; and 

10 (ii) $1,400,000 to the Railroad Retire11 ment Board’s Limitation on Administra12 tion for administrative costs incurred in 

13 carrying out this section. 

14 (2) LIMITATION.—No part of any appropriation 

15 contained in paragraph (1) shall remain available for 

16 obligation beyond fiscal year 2012. 

17 SEC. 3. FUNDING. 

18 (a) IN GENERAL.—Effective on the date of the enact19 ment of this Act, of the unobligated balance of the discre20 tionary appropriations made available by division A of the 

21 American Recovery and Reinvestment Act of 2009 (Public 

22 Law 111–5), there is rescinded the amount determined by 

23 the Director of the Office of Management and Budget to 

24 be required to offset the increase in spending resulting 

25 from the provisions of section 2. 


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1 (b) APPLICATION.—The rescission made by sub2 section (a) shall be applied proportionately— 

3 (1) to each discretionary account; and 

4 (2) within each such account, to each program, 

5 project, and activity (with programs, projects, and 

6 activities as delineated in the appropriation Act or 

7 accompanying reports for the relevant fiscal year 

8 covering such account, or for accounts not included 

9 in appropriation Act, as delineated in the most re10 cently submitted President’s budget). 

11 (c) OMB REPORT.—Within 30 days after the date 

12 of the enactment of this Act, the Director of the Office 

13 of Management and Budget shall submit to the House of 

14 Representatives and the Senate a report specifying the re15 ductions made to each account, program, project, and ac16 tivity pursuant to this section. 

Æ 


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