I 

117TH CONGRESS 

2D SESSION H. R. 7020 

To amend title II of the Social Security Act to modify the 10-year marriage 

rule relating to spouse’s and surviving spouse’s insurance benefits in 

cases of domestic violence, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 9, 2022 

Mr. DELGADO (for himself and Mr. JOYCE of Ohio) introduced the following 

bill; which was referred to the Committee on Ways and Means 

A BILL 

To amend title II of the Social Security Act to modify 

the 10-year marriage rule relating to spouse’s and surviving spouse’s insurance benefits in cases of domestic 

violence, 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 ‘‘Fair Social Security 

5 for Domestic Violence Survivors Act’’. 


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1 SEC. 2. MODIFICATION OF 10-YEAR MARRIAGE RULE IN 

2 CASES OF DOMESTIC VIOLENCE. 

3 (a) IN GENERAL.—Section 216(d) of the Social Secu4 rity Act (42 U.S.C. 416(d)) is amended by adding at the 

5 end the following: 

6 ‘‘(9)(A) In the case of a divorced woman de7 scribed in paragraph (1) or (2) or a divorced man 

8 described in paragraph (4) or (5) who provides to 

9 the Commissioner of Social Security a finding made 

10 by a court of law that the divorced woman or di11 vorced man was the victim of domestic violence com12 mitted by the spouse during the course of the mar13 riage, such paragraph as may be applicable with re14 spect to such divorced woman or divorced man shall 

15 be applied for purposes of this title by substituting 

16 ‘5 years’ for ‘10 years’. 

17 ‘‘(B) For purposes of subparagraph (A), the 

18 term ‘domestic violence’ has the meaning given such 

19 term in section 40002(a) of the Violence Against 

20 Women Act of 1994.’’. 

21 (b) TERMINATION OF WIFE’S INSURANCE BENE22 FITS.—Section 202(b) of the Social Security Act (42 

23 U.S.C. 402(b)) is amended by adding at the end the fol24 lowing: 

25 ‘‘(5) In the case of any divorced wife who provides 

26 to the Commissioner of Social Security a finding made by 


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1 a court of law that the divorced wife was the victim of 

2 domestic violence (as defined in section 216(d)(9)(B)) 

3 committed by the spouse during the course of the mar4 riage, clause (ii) of paragraph (1)(G) shall be applied by 

5 substituting ‘5 years’ for ‘10 years’.’’. 

6 (c) TERMINATION OF HUSBAND’S INSURANCE BENE7 FITS.—Section 202(c) of the Social Security Act (42 

8 U.S.C. 402(c)) is amended by adding at the end the fol9 lowing: 

10 ‘‘(5) In the case of any divorced husband who pro11 vides to the Commissioner of Social Security a finding 

12 made by a court of law that the divorced husband was 

13 the victim of domestic violence (as defined in section 

14 216(d)(9)(B)) committed by the spouse, clause (ii) of 

15 paragraph (1)(G) shall be applied by substituting ‘5 years’ 

16 for ‘10 years’.’’. 

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

18 this section shall apply with respect to monthly insurance 

19 benefits for months beginning at least 18 months after 

20 the date of enactment of this Act. 

Æ 


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