I 

111TH CONGRESS 

2D SESSION H. R. 4429 

To provide for an increase of $250 in benefits under certain Federal cash 

benefit programs for one month in 2010 to compensate for the lack 

of a cost-of-living adjustment for that year. 

IN THE HOUSE OF REPRESENTATIVES 

JANUARY 13, 2010 

Mr. ADLER of New Jersey (for himself, Mr. MCMAHON, Mr. MICA, and Mr. 

YOUNG of Florida) introduced the following bill; which was referred to 

the Committee on Ways and Means, and in addition to the Committees 

on Appropriations, Veterans’ Affairs, Oversight and Government Reform, 

and Transportation and Infrastructure, 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 for an increase of $250 in benefits under certain 

Federal cash benefit programs for one month in 2010 

to compensate for the lack of a cost-of-living adjustment 

for that year. 

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 ‘‘Restoring the Social 

5 Security COLA Act’’. 


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1 SEC. 2. INCREASE IN MONTHLY CASH BENEFIT FOR ONE 

2 MONTH PAYABLE IN 2010. 

3 (a) IN GENERAL.—Except as provided in this section, 

4 each individual who is entitled to a monthly cash benefit 

5 under a covered Federal cash benefit program (as defined 

6 in subsection (b)) for the month in which this Act is en7 acted and is also entitled to such benefit for the applicable 

8 increase month (as defined in subsection (c)) shall be enti9 tled to an increase in such monthly cash benefit for the 

10 applicable increase month in the amount of $250. 

11 (b) COVERED FEDERAL CASH BENEFIT PROGRAM.— 

12 For purposes of this section, the term ‘‘covered Federal 

13 cash benefit program’’ means a Federal program pro14 viding— 

15 (1) Social Security benefits (as defined in sec16 tion 86(d) of the Internal Revenue Code of 1986 

17 (without regard to paragraph (3) thereof)), 

18 (2) benefits under chapter 11, 13, or 15 of title 

19 38, United States Code, or 

20 (3) benefits under chapter 83 or 84 of title 5, 

21 United States Code. 

22 (c) APPLICABLE INCREASE MONTH.—For purposes 

23 of this section, the term ‘‘applicable increase month’’ 

24 means the first month beginning after the earlier of— 

25 (1) 120 days after the date of the enactment of 

26 this Act, or 


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1 (2) November 30, 2010. 

2 (d) RESTRICTION OF INCREASE TO ONE MONTH.— 

3 Nothing in this section shall affect the amount of a month4 ly cash benefit under any Federal cash benefit program 

5 for any month other than the applicable increase month. 

6 (e) NOTICE.—Not later than the date of the monthly 

7 cash benefit to each individual which reflects the benefit 

8 increase under this section, the Secretary of the Treasury 

9 shall issue to such individual a written notice which in10 cludes the following statement: ‘‘Your monthly cash ben11 efit for llllll reflects a one-time increase in the 

12 monthly benefit for that month of $250 which is in lieu 

13 of an annual cost-of-living increase in benefits for 2010.’’, 

14 with the blank space therein being filled with a reference 

15 to the calendar month which is the applicable increase 

16 month. 

17 (f) SIMULTANEOUS ENTITLEMENTS.—In any case in 

18 which an individual is entitled to 2 or more monthly cash 

19 benefits under a covered Federal cash benefit program for 

20 the applicable increase month, the increase provided in 

21 subsection (a) shall apply to the total amount of such ben22 efits for the applicable increase month, after application 

23 of any provision under such program providing for coordi24 nation of multiple benefits for any month, in lieu of the 

25 amount of each benefit which is so payable. 


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1 (g) EFFECT ON FAMILY MAXIMUMS.—The amount of 

2 the increase in monthly cash benefits provided under sub3 section (a) in connection with a covered Federal cash ben4 efit program shall be disregarded in determining reduc5 tions under such program in benefits under any provision 

6 under such program providing for reductions in benefits 

7 based on the same work record or in connection with fam8 ily membership. 

9 (h) INCREASE TO BE DISREGARDED FOR PURPOSES

10 OF ALL FEDERAL AND FEDERALLY ASSISTED PRO11 GRAMS.— 

12 (1) IN GENERAL.—The increase under sub13 section (a) shall not be regarded as income and shall 

14 not be regarded as a resource for the applicable in15 crease month and the following 9 months, for pur16 poses of determining the eligibility of the recipient 

17 (or the recipient’s spouse or family) for benefits or 

18 assistance, or the amount or extent of benefits or as19 sistance, under any Federal program or under any 

20 State or local program financed in whole or in part 

21 with Federal funds. 

22 (2) FEDERAL RETIREMENT.—The increase 

23 under subsection (a) shall not be taken into ac24 count— 


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1 (A) for purposes of applying section 

2 8340(g) of title 5, United States Code; or 

3 (B) for purposes of any computation under 

4 section 8342(e) or 8424(f) of such title. 

5 (i) INCREASE NOT CONSIDERED INCOME FOR PUR6 POSES OF TAXATION.—The increase under subsection (a) 

7 shall not be considered as gross income for purposes of 

8 the Internal Revenue Code of 1986. 

9 (j) BENEFITS NOT OTHERWISE PAYABLE.—Nothing 

10 in this section shall be construed to provide, in connection 

11 with the increase under this section of any monthly cash 

12 benefit under a covered Federal cash benefit program, for 

13 a payment of any amount of such monthly cash benefit 

14 to any individual if— 

15 (1) such monthly cash benefit is not otherwise 

16 payable or is suspended or reduced by reason of— 

17 (A) confinement of the individual in a jail, 

18 prison, or other penal institution or correctional 

19 facility, confinement of the individual in an in20 stitution at public expense, flight by the indi21 vidual to avoid criminal prosecution or custody 

22 or confinement after conviction of a crime, or 

23 violation by the individual of a condition of pro24 bation or parole, or 


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1 (B) failure of the individual to make child 

2 support payments required under applicable 

3 law, or 

4 (2) such individual is an alien who is not law5 fully present in the United States. 

6 SEC. 3. FUNDING. 

7 (a) IN GENERAL.—Effective February 1, 2010, of 

8 the unobligated balance of the discretionary appropria9 tions made available by division A of the American Recov10 ery and Reinvestment Act of 2009 (Public Law 111–5), 

11 there is rescinded the amount determined by the Director 

12 of the Office of Management and Budget to be required 

13 to offset the increase in spending resulting from the provi14 sions of section 2. 

15 (b) APPLICATION.—The rescission made by sub16 section (a) shall be applied proportionately— 

17 (1) to each discretionary account; and 

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

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

20 activities as delineated in the appropriation Act or 

21 accompanying reports for the relevant fiscal year 

22 covering such account, or for accounts not included 

23 in an appropriation Act, as delineated in the most 

24 recently submitted President’s budget). 


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1 (c) OMB REPORT.—Not later than March 1, 2010, 

2 the Director of the Office of Management and Budget 

3 shall submit to the House of Representatives and the Sen4 ate a report specifying the reductions made to each ac5 count, program, project, and activity pursuant to this sec6 tion. 

Æ 


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