I 

111TH CONGRESS 

2D SESSION H. R. 6413 

To ensure that individuals who receive Social Security or certain other Federal 

benefits receive a one-time payment equal to 5 percent of the total 

annual amount of such benefit in the event that no cost-of-living adjustment is payable in 2011. 

IN THE HOUSE OF REPRESENTATIVES 

NOVEMBER 16, 2010 

Mr. WEINER 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 Veterans’ Affairs, 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 ensure that individuals who receive Social Security or 

certain other Federal benefits receive a one-time payment 

equal to 5 percent of the total annual amount of such 

benefit in the event that no cost-of-living adjustment 

is payable in 2011. 

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


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1 SECTION 1. PAYMENT IN LIEU OF A COST-OF-LIVING AD2 JUSTMENT TO RECIPIENTS OF SOCIAL SECU3 RITY, SUPPLEMENTAL SECURITY INCOME, 

4 RAILROAD RETIREMENT BENEFITS, AND VET5 ERANS DISABILITY COMPENSATION OR PEN6 SION BENEFITS. 

7 (a) AUTHORITY TO MAKE PAYMENTS.— 

8 (1) ELIGIBILITY.— 

9 (A) IN GENERAL.—Subject to paragraph 

10 (5)(B), the Secretary of the Treasury shall dis11 burse a one-time payment of the applicable 

12 amount to each individual who, for any month 

13 during the 3-month period ending with the 

14 month which ends prior to the month that in15 cludes the date of the enactment of this Act, is 

16 entitled to a benefit payment described in 

17 clause (i), (ii), or (iii) of subparagraph (D) or 

18 is eligible for a SSI cash benefit described in 

19 subparagraph (E). Payments shall be made 

20 under this section only if no increase takes ef21 fect with the month of December 2010 under 

22 section 215(i) of the Social Security Act. In the 

23 case of an individual who is eligible for a pay24 ment under this subparagraph by reason of en25 titlement to a benefit described in subparagraph 

26 (D)(i), no such payment shall be made to such 


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1 individual unless such individual was paid a 

2 benefit described in such subparagraph (D)(i) 

3 for any month in the 12-month period ending 

4 with the month which ends prior to the month 

5 that includes the date of the enactment of this 

6 Act. 

7 (B) APPLICABLE AMOUNT.— 

8 (i) IN GENERAL.—For purposes of 

9 subparagraph (A), the applicable amount 

10 shall be the percentage of such individual’s 

11 monthly benefit payment described in 

12 clause (i), (ii), or (iii) of subparagraph (C) 

13 or SSI cash benefit described in subpara14 graph (D) for the month of December 

15 2010 determined by multiplying such ben16 efit payment by 0.6. 

17 (ii) INDIVIDUAL RECEIVING MORE

18 THAN 1 BENEFIT.—In the case that an in19 dividual is entitled to, or eligible for, more 

20 than 1 benefit payment described in clause 

21 (i), (ii), or (iii) of subparagraph (C) or SSI 

22 cash benefit described in subparagraph 

23 (D), such individual’s payment shall be de24 termined using such benefit payment that 


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1 provides the greater monthly benefit pay2 ment. 

3 (C) FUNDING FOR APPROPRIATIONS TO

4 THE GENERAL FUND OF THE TREASURY.—In 

5 order to reimburse the general fund of the 

6 Treasury for payments made pursuant to sub7 paragraph (A), the Director of the Office of 

8 Management and Budget shall redirect to the 

9 general fund of the Treasury any repayment of 

10 assistance provided under title I of the Emer11 gency Economic Stabilization Act of 2008 (12 

12 U.S.C. 5201 et seq.) made by a financial insti13 tution (as defined in section 3(5) of such Act 

14 (12 U.S.C. 5202(5)) after the date of the enact15 ment of this Act. 

16 (D) BENEFIT PAYMENT DESCRIBED.—For 

17 purposes of subparagraph (A): 

18 (i) TITLE II BENEFIT.—A benefit pay19 ment described in this clause is a monthly 

20 insurance benefit payable (without regard 

21 to sections 202(j)(1) and 223(b) of the So22 cial Security Act (42 U.S.C. 402(j)(1), 

23 423(b)) under— 

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

25 (42 U.S.C. 402(a)); 


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

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

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

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

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

6 such Act (42 U.S.C. 

7 402(d)(1)(B)(ii)); 

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

9 (42 U.S.C. 402(e)); 

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

11 (42 U.S.C. 402(f)); 

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

13 (42 U.S.C. 402(g)); 

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

15 (42 U.S.C. 402(h)); 

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

17 (42 U.S.C. 423(a)); 

18 (X) section 227 of such Act (42 

19 U.S.C. 427); or 

20 (XI) section 228 of such Act (42 

21 U.S.C. 428). 

22 (ii) RAILROAD RETIREMENT BEN23 EFIT.—A benefit payment described in this 

24 clause is a monthly annuity or pension 

25 payment payable (without regard to section 


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1 5(a)(ii) of the Railroad Retirement Act of 

2 1974 (45 U.S.C. 231d(a)(ii))) under— 

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

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

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

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

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

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

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

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

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

12 Act to an adult disabled child (45 

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

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

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

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

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

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

19 (45 U.S.C. 231f(b)(2)) with respect to 

20 any of the benefit payments described 

21 in clause (i) of this subparagraph. 

22 (iii) VETERANS BENEFIT.—A benefit 

23 payment described in this clause is a com24 pensation or pension payment payable 

25 under— 


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1 (I) section 1110, 1117, 1121, 

2 1131, 1141, or 1151 of title 38, 

3 United States Code; 

4 (II) section 1310, 1312, 1313, 

5 1315, 1316, or 1318 of title 38, 

6 United States Code; 

7 (III) section 1513, 1521, 1533, 

8 1536, 1537, 1541, 1542, or 1562 of 

9 title 38, United States Code; or 

10 (IV) section 1805, 1815, or 1821 

11 of title 38, United States Code, 

12 to a veteran, surviving spouse, child, or 

13 parent as described in paragraph (2), (3), 

14 (4)(A)(ii), or (5) of section 101, title 38, 

15 United States Code, who received that ben16 efit during any month within the 3-month 

17 period ending with the month which ends 

18 prior to the month that includes the date 

19 of the enactment of this Act. 

20 (E) SSI CASH BENEFIT DESCRIBED.—A 

21 SSI cash benefit described in this subparagraph 

22 is a cash benefit payable under section 1611 

23 (other than under subsection (e)(1)(B) of such 

24 section) or 1619(a) of the Social Security Act 

25 (42 U.S.C. 1382, 1382h). 


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

2 under paragraph (1) only to individuals who reside 

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

4 Puerto Rico, Guam, the United States Virgin Is5 lands, American Samoa, or the Northern Mariana 

6 Islands, or who are utilizing a foreign or domestic 

7 Army Post Office, Fleet Post Office, or Diplomatic 

8 Post Office address. For purposes of the preceding 

9 sentence, the determination of the individual’s resi10 dence shall be based on the address of record, as of 

11 the date of certification under subsection (b) for a 

12 payment under this section under a program speci13 fied in paragraph (1). 

14 (3) NO DOUBLE PAYMENTS.—An individual 

15 shall be paid only 1 payment under this section, re16 gardless of whether the individual is entitled to, or 

17 eligible for, more than 1 benefit or cash payment de18 scribed in paragraph (1). 

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

20 shall not be made (or, in the case of subparagraph 

21 (D), shall not be due)— 

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

23 a benefit specified in paragraph (1)(D)(i) or 

24 paragraph (1)(D)(ii)(VIII) if— 


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1 (i) for the most recent month of such 

2 individual’s entitlement in the 3-month pe3 riod described in paragraph (1); or 

4 (ii) for any month thereafter which is 

5 before the month after the month of the 

6 payment; 

7 such individual’s benefit under such paragraph 

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

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

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

11 U.S.C. 1320a–8a); 

12 (B) in the case of an individual entitled to 

13 a benefit specified in paragraph (1)(D)(iii) if, 

14 for the most recent month of such individual’s 

15 entitlement in the 3-month period described in 

16 paragraph (1), such individual’s benefit under 

17 such paragraph was not payable, or was re18 duced, by reason of section 1505, 5313, or 

19 5313B of title 38, United States Code; 

20 (C) in the case of an individual entitled to 

21 a benefit specified in paragraph (1)(E) if— 

22 (i) for such most recent month of 

23 such individual’s eligibility in the 3-month 

24 period described in paragraph (1); or 


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1 (ii) for any month thereafter which is 

2 before the month after the month of the 

3 payment; 

4 such individual’s benefit under such paragraph 

5 was not payable by reason of subsection 

6 (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 

7 1382) or section 1129A of such Act (42 U.S.C. 

8 1320a–8a); or 

9 (D) in the case of any individual whose 

10 date of death occurs— 

11 (i) before the date of the receipt of 

12 the payment; or 

13 (ii) in the case of a direct deposit, be14 fore the date on which such payment is de15 posited into such individual’s account. 

16 In the case of any individual whose date of 

17 death occurs before a payment is negotiated (in 

18 the case of a check) or deposited (in the case 

19 of a direct deposit), such payment shall not be 

20 due and shall not be reissued to the estate of 

21 such individual or to any other person. Sub22 paragraphs (A)(ii) and (C)(ii) shall apply only 

23 in the case of certifications under subsection (b) 

24 which are, or but for this paragraph would be, 

25 made after the date of the enactment of this 


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1 Act, shall apply to such certifications without 

2 regard to the calendar year of the payments to 

3 which such certifications apply. 

4 (5) TIMING AND MANNER OF PAYMENTS.— 

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

6 Treasury shall commence disbursing payments 

7 under this section at the earliest practicable 

8 date in 2011 prior to April 1, 2011. The Sec9 retary of the Treasury may disburse any pay10 ment electronically to an individual in such 

11 manner as if such payment was a benefit pay12 ment or cash benefit to such individual under 

13 the applicable program described in subpara14 graph (D) or (E) of paragraph (1). 

15 (B) DEADLINE.—No payments shall be 

16 disbursed under this section after December 31, 

17 2011, regardless of any determinations of enti18 tlement to, or eligibility for, such payments 

19 made after such date. 

20 (b) IDENTIFICATION OF RECIPIENTS.—The Commis21 sioner of Social Security, the Railroad Retirement Board, 

22 and the Secretary of Veterans Affairs shall certify the in23 dividuals entitled to receive payments under this section 

24 and provide the Secretary of the Treasury with the infor25 mation needed to disburse such payments. A certification 


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1 of an individual shall be unaffected by any subsequent de2 termination or redetermination of the individual’s entitle3 ment to, or eligibility for, a benefit specified in subpara4 graph (D) or (E) of subsection (a)(1) (except that such 

5 certification shall be affected by a determination that an 

6 individual is an individual described in subparagraph (A), 

7 (B), (C), or (D) of subsection (a)(4) during a period de8 scribed in such subparagraphs), and no individual shall 

9 be certified to receive a payment under this section for 

10 a calendar year if such individual has at any time been 

11 denied certification for such a payment for such calendar 

12 year by reason of subparagraph (A)(ii) or (C)(ii) of sub13 section (a)(4) (unless such individual is subsequently de14 termined not to have been an individual described in either 

15 such subparagraph at the time of such denial). 

16 (c) TREATMENT OF PAYMENTS.— 

17 (1) PAYMENT TO BE DISREGARDED FOR PUR18 POSES OF ALL FEDERAL AND FEDERALLY ASSISTED

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

20 not be regarded as income and shall not be regarded 

21 as a resource for the month of receipt and the fol22 lowing 9 months, for purposes of determining the 

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

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

25 or extent of benefits or assistance, under any FedVerDate Mar 15 2010 20:42 Nov 17, 2010 Jkt 099200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H6413.IH H6413

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1 eral program or under any State or local program fi2 nanced in whole or in part with Federal funds. 

3 (2) PAYMENT NOT CONSIDERED INCOME FOR

4 PURPOSES OF TAXATION.—A payment under sub5 section (a) shall not be considered as gross income 

6 for purposes of the Internal Revenue Code of 1986. 

7 (3) PAYMENTS PROTECTED FROM ASSIGN8 MENT.—The provisions of sections 207 and 

9 1631(d)(1) of the Social Security Act (42 U.S.C. 

10 407, 1383(d)(1)), section 14(a) of the Railroad Re11 tirement Act of 1974 (45 U.S.C. 231m(a)), and sec12 tion 5301 of title 38, United States Code, shall 

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

14 if such payment was a benefit payment or cash ben15 efit to such individual under the applicable program 

16 described in subparagraph (D) or (E) of subsection 

17 (a)(1). 

18 (4) PAYMENTS SUBJECT TO OFFSET.—Notwith19 standing paragraph (3)— 

20 (A) any payment made under this section 

21 shall, in the case of a payment of a direct de22 posit which is made after the date of the enact23 ment of this Act, be subject to the reclamation 

24 provisions under subpart B of part 210 of title 


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1 31, Code of Federal Regulations (relating to 

2 reclamation of benefit payments); and 

3 (B) any payment made under this section 

4 shall not, for purposes of section 3716 of title 

5 31, United States Code, be considered a benefit 

6 payment or cash benefit made under the appli7 cable program described in subparagraph (D) 

8 or (E) of subsection (a)(1), and all amounts 

9 paid shall be subject to offset to collect delin10 quent debts. 

11 (d) PAYMENT TO REPRESENTATIVE PAYEES AND FI12 DUCIARIES.— 

13 (1) IN GENERAL.—In any case in which an in14 dividual who is entitled to a payment under sub15 section (a) and whose benefit payment or cash ben16 efit described in paragraph (1) of that subsection is 

17 paid to a representative payee or fiduciary, the pay18 ment under subsection (a) shall be made to the indi19 vidual’s representative payee or fiduciary and the en20 tire payment shall be used only for the benefit of the 

21 individual who is entitled to the payment. 

22 (2) APPLICABILITY.— 

23 (A) PAYMENT ON THE BASIS OF A TITLE

24 II OR SSI BENEFIT.—Section 1129(a)(3) of the 

25 Social Security Act (42 U.S.C. 1320a–8(a)(3)) 


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1 shall apply to any payment made on the basis 

2 of an entitlement to a benefit specified in para3 graph (1)(D)(i) or (1)(E) of subsection (a) in 

4 the same manner as such section applies to a 

5 payment under title II or XVI of such Act. 

6 (B) PAYMENT ON THE BASIS OF A RAIL7 ROAD RETIREMENT BENEFIT.—Section 13 of 

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

9 shall apply to any payment made on the basis 

10 of an entitlement to a benefit specified in para11 graph (1)(D)(ii) of subsection (a) in the same 

12 manner as such section applies to a payment 

13 under such Act. 

14 (C) PAYMENT ON THE BASIS OF A VET15 ERANS BENEFIT.—Sections 5502, 6106, and 

16 6108 of title 38, United States Code, shall 

17 apply to any payment made on the basis of an 

18 entitlement to a benefit specified in paragraph 

19 (1)(D)(iii) of subsection (a) in the same manner 

20 as those sections apply to a payment under that 

21 title. 

Æ 


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