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 adjust-
ment is payable in 2011. 
IN THE HOUSE OF REPRESENTATIVES 
NOVEMBER 16, 2010 
Mr. WEINER introduced the following bill; which was referred to the Com-
mittee on Ways and Means, and in addition to the Committees on Trans-
portation 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 con-
cerned 
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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. PAYMENT IN LIEU OF A COST-OF-LIVING AD-
JUSTMENT TO RECIPIENTS OF SOCIAL SECU-
RITY, SUPPLEMENTAL SECURITY INCOME, 
RAILROAD RETIREMENT BENEFITS, AND VET-
ERANS DISABILITY COMPENSATION OR PEN-
SION BENEFITS. 
(a) AUTHORITY TO MAKE PAYMENTS.— 
(1) ELIGIBILITY.— 
(A) IN GENERAL.—Subject to paragraph 
(5)(B), the Secretary of the Treasury shall dis-
burse a one-time payment of the applicable 
amount to each individual who, for any month 
during the 3-month period ending with the 
month which ends prior to the month that in-
cludes the date of the enactment of this Act, is 
entitled to a benefit payment described in 
clause (i), (ii), or (iii) of subparagraph (D) or 
is eligible for a SSI cash benefit described in 
subparagraph (E). Payments shall be made 
under this section only if no increase takes ef-
fect with the month of December 2010 under 
section 215(i) of the Social Security Act. In the 
case of an individual who is eligible for a pay-
ment under this subparagraph by reason of en-
titlement to a benefit described in subparagraph 
(D)(i), no such payment shall be made to such 
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individual unless such individual was paid a 
benefit described in such subparagraph (D)(i) 
for any month in the 12-month period ending 
with the month which ends prior to the month 
that includes the date of the enactment of this 
Act. 
(B) APPLICABLE AMOUNT.— 
(i) IN
GENERAL.—For purposes of 
subparagraph (A), the applicable amount 
shall be the percentage of such individual’s 
monthly benefit payment described in 
clause (i), (ii), or (iii) of subparagraph (C) 
or SSI cash benefit described in subpara-
graph (D) for the month of December 
2010 determined by multiplying such ben-
efit payment by 0.6. 
(ii) INDIVIDUAL
RECEIVING
MORE 
THAN 1 BENEFIT.—In the case that an in-
dividual is entitled to, or eligible for, more 
than 1 benefit payment described in clause 
(i), (ii), or (iii) of subparagraph (C) or SSI 
cash benefit described in subparagraph 
(D), such individual’s payment shall be de-
termined using such benefit payment that 
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provides the greater monthly benefit pay-
ment. 
(C) FUNDING
FOR
APPROPRIATIONS
TO 
THE GENERAL FUND OF THE TREASURY.—In 
order to reimburse the general fund of the 
Treasury for payments made pursuant to sub-
paragraph (A), the Director of the Office of 
Management and Budget shall redirect to the 
general fund of the Treasury any repayment of 
assistance provided under title I of the Emer-
gency Economic Stabilization Act of 2008 (12 
U.S.C. 5201 et seq.) made by a financial insti-
tution (as defined in section 3(5) of such Act 
(12 U.S.C. 5202(5)) after the date of the enact-
ment of this Act. 
(D) BENEFIT PAYMENT DESCRIBED.—For 
purposes of subparagraph (A): 
(i) TITLE II BENEFIT.—A benefit pay-
ment described in this clause is a monthly 
insurance benefit payable (without regard 
to sections 202(j)(1) and 223(b) of the So-
cial Security Act (42 U.S.C. 402(j)(1), 
423(b)) under— 
(I) section 202(a) of such Act 
(42 U.S.C. 402(a)); 
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(II) section 202(b) of such Act 
(42 U.S.C. 402(b)); 
(III) section 202(c) of such Act 
(42 U.S.C. 402(c)); 
(IV) section 202(d)(1)(B)(ii) of 
such 
Act 
(42 
U.S.C. 
402(d)(1)(B)(ii)); 
(V) section 202(e) of such Act 
(42 U.S.C. 402(e)); 
(VI) section 202(f) of such Act 
(42 U.S.C. 402(f)); 
(VII) section 202(g) of such Act 
(42 U.S.C. 402(g)); 
(VIII) section 202(h) of such Act 
(42 U.S.C. 402(h)); 
(IX) section 223(a) of such Act 
(42 U.S.C. 423(a)); 
(X) section 227 of such Act (42 
U.S.C. 427); or 
(XI) section 228 of such Act (42 
U.S.C. 428). 
(ii) RAILROAD
RETIREMENT
BEN-
EFIT.—A benefit payment described in this 
clause is a monthly annuity or pension 
payment payable (without regard to section 
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5(a)(ii) of the Railroad Retirement Act of 
1974 (45 U.S.C. 231d(a)(ii))) under— 
(I) section 2(a)(1) of such Act 
(45 U.S.C. 231a(a)(1)); 
(II) section 2(c) of such Act (45 
U.S.C. 231a(c)); 
(III) section 2(d)(1)(i) of such 
Act (45 U.S.C. 231a(d)(1)(i)); 
(IV) section 2(d)(1)(ii) of such 
Act (45 U.S.C. 231a(d)(1)(ii)); 
(V) section 2(d)(1)(iii)(C) of such 
Act to an adult disabled child (45 
U.S.C. 231a(d)(1)(iii)(C)); 
(VI) section 2(d)(1)(iv) of such 
Act (45 U.S.C. 231a(d)(1)(iv)); 
(VII) section 2(d)(1)(v) of such 
Act (45 U.S.C. 231a(d)(1)(v)); or 
(VIII) section 7(b)(2) of such Act 
(45 U.S.C. 231f(b)(2)) with respect to 
any of the benefit payments described 
in clause (i) of this subparagraph. 
(iii) VETERANS BENEFIT.—A benefit 
payment described in this clause is a com-
pensation or pension payment payable 
under— 
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(I) section 1110, 1117, 1121, 
1131, 1141, or 1151 of title 38, 
United States Code; 
(II) section 1310, 1312, 1313, 
1315, 1316, or 1318 of title 38, 
United States Code; 
(III) section 1513, 1521, 1533, 
1536, 1537, 1541, 1542, or 1562 of 
title 38, United States Code; or 
(IV) section 1805, 1815, or 1821 
of title 38, United States Code, 
to a veteran, surviving spouse, child, or 
parent as described in paragraph (2), (3), 
(4)(A)(ii), or (5) of section 101, title 38, 
United States Code, who received that ben-
efit during any month within the 3-month 
period ending with the month which ends 
prior to the month that includes the date 
of the enactment of this Act. 
(E) SSI CASH
BENEFIT
DESCRIBED.—A 
SSI cash benefit described in this subparagraph 
is a cash benefit payable under section 1611 
(other than under subsection (e)(1)(B) of such 
section) or 1619(a) of the Social Security Act 
(42 U.S.C. 1382, 1382h). 
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(2) REQUIREMENT.—A payment shall be made 
under paragraph (1) only to individuals who reside 
in 1 of the 50 States, the District of Columbia, 
Puerto Rico, Guam, the United States Virgin Is-
lands, American Samoa, or the Northern Mariana 
Islands, or who are utilizing a foreign or domestic 
Army Post Office, Fleet Post Office, or Diplomatic 
Post Office address. For purposes of the preceding 
sentence, the determination of the individual’s resi-
dence shall be based on the address of record, as of 
the date of certification under subsection (b) for a 
payment under this section under a program speci-
fied in paragraph (1). 
(3) NO
DOUBLE
PAYMENTS.—An individual 
shall be paid only 1 payment under this section, re-
gardless of whether the individual is entitled to, or 
eligible for, more than 1 benefit or cash payment de-
scribed in paragraph (1). 
(4) LIMITATION.—A payment under this section 
shall not be made (or, in the case of subparagraph 
(D), shall not be due)— 
(A) in the case of an individual entitled to 
a benefit specified in paragraph (1)(D)(i) or 
paragraph (1)(D)(ii)(VIII) if— 
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(i) for the most recent month of such 
individual’s entitlement in the 3-month pe-
riod described in paragraph (1); or 
(ii) for any month thereafter which is 
before the month after the month of the 
payment; 
such individual’s benefit under such paragraph 
was not payable by reason of subsection (x) or 
(y) of section 202 the Social Security Act (42 
U.S.C. 402) or section 1129A of such Act (42 
U.S.C. 1320a–8a); 
(B) in the case of an individual entitled to 
a benefit specified in paragraph (1)(D)(iii) if, 
for the most recent month of such individual’s 
entitlement in the 3-month period described in 
paragraph (1), such individual’s benefit under 
such paragraph was not payable, or was re-
duced, by reason of section 1505, 5313, or 
5313B of title 38, United States Code; 
(C) in the case of an individual entitled to 
a benefit specified in paragraph (1)(E) if— 
(i) for such most recent month of 
such individual’s eligibility in the 3-month 
period described in paragraph (1); or 
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Act, shall apply to such certifications without 
regard to the calendar year of the payments to 
which such certifications apply. 
(5) TIMING AND MANNER OF PAYMENTS.— 
(A) IN GENERAL.—The Secretary of the 
Treasury shall commence disbursing payments 
under this section at the earliest practicable 
date in 2011 prior to April 1, 2011. The Sec-
retary of the Treasury may disburse any pay-
ment electronically to an individual in such 
manner as if such payment was a benefit pay-
ment or cash benefit to such individual under 
the applicable program described in subpara-
graph (D) or (E) of paragraph (1). 
(B) DEADLINE.—No payments shall be 
disbursed under this section after December 31, 
2011, regardless of any determinations of enti-
tlement to, or eligibility for, such payments 
made after such date. 
(b) IDENTIFICATION OF RECIPIENTS.—The Commis-
sioner of Social Security, the Railroad Retirement Board, 
and the Secretary of Veterans Affairs shall certify the in-
dividuals entitled to receive payments under this section 
and provide the Secretary of the Treasury with the infor-
mation needed to disburse such payments. A certification 
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of an individual shall be unaffected by any subsequent de-
termination or redetermination of the individual’s entitle-
ment to, or eligibility for, a benefit specified in subpara-
graph (D) or (E) of subsection (a)(1) (except that such 
certification shall be affected by a determination that an 
individual is an individual described in subparagraph (A), 
(B), (C), or (D) of subsection (a)(4) during a period de-
scribed in such subparagraphs), and no individual shall 
be certified to receive a payment under this section for 
a calendar year if such individual has at any time been 
denied certification for such a payment for such calendar 
year by reason of subparagraph (A)(ii) or (C)(ii) of sub-
section (a)(4) (unless such individual is subsequently de-
termined not to have been an individual described in either 
such subparagraph at the time of such denial). 
(c) TREATMENT OF PAYMENTS.— 
(1) PAYMENT TO BE DISREGARDED FOR PUR-
POSES OF ALL FEDERAL AND FEDERALLY ASSISTED 
PROGRAMS.—A payment under subsection (a) shall 
not be regarded as income and shall not be regarded 
as a resource for the month of receipt and the fol-
lowing 9 months, for purposes of determining the 
eligibility of the recipient (or the recipient’s spouse 
or family) for benefits or assistance, or the amount 
or extent of benefits or assistance, under any Fed-
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eral program or under any State or local program fi-
nanced in whole or in part with Federal funds. 
(2) PAYMENT NOT CONSIDERED INCOME FOR 
PURPOSES OF TAXATION.—A payment under sub-
section (a) shall not be considered as gross income 
for purposes of the Internal Revenue Code of 1986. 
(3) PAYMENTS
PROTECTED
FROM
ASSIGN-
MENT.—The 
provisions 
of 
sections 
207 
and 
1631(d)(1) of the Social Security Act (42 U.S.C. 
407, 1383(d)(1)), section 14(a) of the Railroad Re-
tirement Act of 1974 (45 U.S.C. 231m(a)), and sec-
tion 5301 of title 38, United States Code, shall 
apply to any payment made under subsection (a) as 
if such payment was a benefit payment or cash ben-
efit to such individual under the applicable program 
described in subparagraph (D) or (E) of subsection 
(a)(1). 
(4) PAYMENTS SUBJECT TO OFFSET.—Notwith-
standing paragraph (3)— 
(A) any payment made under this section 
shall, in the case of a payment of a direct de-
posit which is made after the date of the enact-
ment of this Act, be subject to the reclamation 
provisions under subpart B of part 210 of title 
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31, Code of Federal Regulations (relating to 
reclamation of benefit payments); and 
(B) any payment made under this section 
shall not, for purposes of section 3716 of title 
31, United States Code, be considered a benefit 
payment or cash benefit made under the appli-
cable program described in subparagraph (D) 
or (E) of subsection (a)(1), and all amounts 
paid shall be subject to offset to collect delin-
quent debts. 
(d) PAYMENT TO REPRESENTATIVE PAYEES AND FI-
DUCIARIES.— 
(1) IN GENERAL.—In any case in which an in-
dividual who is entitled to a payment under sub-
section (a) and whose benefit payment or cash ben-
efit described in paragraph (1) of that subsection is 
paid to a representative payee or fiduciary, the pay-
ment under subsection (a) shall be made to the indi-
vidual’s representative payee or fiduciary and the en-
tire payment shall be used only for the benefit of the 
individual who is entitled to the payment. 
(2) APPLICABILITY.— 
(A) PAYMENT ON THE BASIS OF A TITLE 
II OR SSI BENEFIT.—Section 1129(a)(3) of the 
Social Security Act (42 U.S.C. 1320a–8(a)(3)) 
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shall apply to any payment made on the basis 
of an entitlement to a benefit specified in para-
graph (1)(D)(i) or (1)(E) of subsection (a) in 
the same manner as such section applies to a 
payment under title II or XVI of such Act. 
(B) PAYMENT ON THE BASIS OF A RAIL-
ROAD
RETIREMENT
BENEFIT.—Section 13 of 
the Railroad Retirement Act (45 U.S.C. 231l) 
shall apply to any payment made on the basis 
of an entitlement to a benefit specified in para-
graph (1)(D)(ii) of subsection (a) in the same 
manner as such section applies to a payment 
under such Act. 
(C) PAYMENT ON THE BASIS OF A VET-
ERANS
BENEFIT.—Sections 5502, 6106, and 
6108 of title 38, United States Code, shall 
apply to any payment made on the basis of an 
entitlement to a benefit specified in paragraph 
(1)(D)(iii) of subsection (a) in the same manner 
as those sections apply to a payment under that 
title. 
Æ 
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