I 
117TH CONGRESS 
1ST SESSION H. R. 3763 
To amend title XVI of the Social Security Act to update eligibility for 
the supplemental security income program, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 8, 2021 
Mr. GRIJALVA (for himself, Ms. SCHAKOWSKY, Ms. SLOTKIN, Mr. GALLEGO, 
Ms. DEAN, Mr. DEFAZIO, Mr. KILMER, Mr. LANGEVIN, Mr. BOWMAN, 
Mr. COHEN, Mr. LARSON of Connecticut, Mr. ESPAILLAT, Ms. BASS, Mr. 
PAYNE, Mr. COOPER, Ms. MOORE of Wisconsin, Ms. NORTON, Ms. KAP-
TUR, Mrs. NAPOLITANO, Mr. SABLAN, Mr. KHANNA, Mr. SMITH of Wash-
ington, Ms. PRESSLEY, and Mr. DEUTCH) introduced the following bill; 
which was referred to the Committee on Ways and Means 
A BILL 
To amend title XVI of the Social Security Act to update 
eligibility for the supplemental security income program, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Supplemental Security Income Restoration Act of 2021’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
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Sec. 1. Short title; table of contents. 
Sec. 2. Update in eligibility for the supplemental security income program. 
Sec. 3. Update in supplemental security income benefit amounts and repeal of 
marriage penalty. 
Sec. 4. Support and maintenance furnished in kind not included as income. 
Sec. 5. Exclusion of retirement accounts from resources. 
Sec. 6. Repeal of penalty for disposal of resources for less than fair market 
value. 
Sec. 7. Clarifying the treatment of certain State tax credits. 
Sec. 8. Elimination of dedicated accounts for certain past-due benefits. 
Sec. 9. Elimination of installment payment requirement. 
Sec. 10. Extension of period of exclusion of certain payments from countable 
resources. 
Sec. 11. Modification of rules to determine marital relationships. 
Sec. 12. Effective date. 
SEC. 2. UPDATE IN ELIGIBILITY FOR THE SUPPLEMENTAL 
SECURITY INCOME PROGRAM. 
(a) UPDATE IN GENERAL INCOME EXCLUSION.— 
Section 1612(b)(2)(A) of the Social Security Act (42 
U.S.C. 1382a(b)(2)(A)) is amended by striking ‘‘$240’’ 
and inserting ‘‘$1,476 (increased as described in section 
1617(d) for each calendar year after 2022)’’. 
(b) UPDATE IN EARNED INCOME EXCLUSION.—Sec-
tion 1612(b)(4) of such Act (42 U.S.C. 1382a(b)(4)) is 
amended by striking ‘‘$780’’ each place it appears and 
inserting ‘‘$4,788 (increased as described in section 
1617(d) for each calendar year after 2022)’’. 
(c) UPDATE IN RESOURCE LIMIT FOR INDIVIDUALS 
AND COUPLES.—Section 1611(a)(3) of such Act (42 
U.S.C. 1382(a)(3)) is amended— 
(1) in subparagraph (A), by striking ‘‘$2,250’’ 
and all that follows through the end of the subpara-
graph and inserting ‘‘$20,000 in calendar year 
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2022, and shall be increased as described in section 
1617(d) for each subsequent calendar year.’’; and 
(2) in subparagraph (B), by striking ‘‘$1,500’’ 
and all that follows through the end of the subpara-
graph and inserting ‘‘$10,000 in calendar year 
2022, and shall be increased as described in section 
1617(d) for each subsequent calendar year.’’. 
(d) INFLATION ADJUSTMENT.—Section 1617 of such 
Act (42 U.S.C. 1382f) is amended— 
(1) in the section heading, by inserting ‘‘; IN-
FLATION ADJUSTMENT’’ after ‘‘BENEFITS’’; and 
(2) by adding at the end the following: 
‘‘(d) In the case of any calendar year after 2022, each 
of the amounts specified in sections 1611(a)(3), 
1612(b)(2)(A), and 1612(b)(4) shall be increased by mul-
tiplying each such amount by the quotient (not less than 
1) obtained by dividing— 
‘‘(1) the average of the Consumer Price Index 
for Elderly Consumers (CPI–E, as published by the 
Bureau of Labor Statistics of the Department of 
Labor) for the 12-month period ending with Sep-
tember of the preceding calendar year, by 
‘‘(2) such average for the 12-month period end-
ing with September 2021.’’. 
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SEC. 3. UPDATE IN SUPPLEMENTAL SECURITY INCOME 
BENEFIT AMOUNTS AND REPEAL OF MAR-
RIAGE PENALTY. 
(a) IN GENERAL.—Section 1611(b) of the Social Se-
curity Act (42 U.S.C. 1382(b)) is amended to read as fol-
lows: 
‘‘Amounts of Benefits 
‘‘(b)(1) The benefit under this title for an individual 
who does not have an eligible spouse shall be payable— 
‘‘(A) for calendar years 1974 through 2021, at 
the rate of $1,752 (or, if greater, the amount deter-
mined under section 1617), and 
‘‘(B) for calendar years after 2021, at the rate 
equal to the annual poverty guideline for the cal-
endar year preceding such calendar year (as updated 
annually in the Federal Register by the Department 
of Health and Human Services under the authority 
of section 673(2) of the Omnibus Budget Reconcili-
ation Act of 1981) as applicable to a single indi-
vidual, 
reduced by the amount of income, not excluded pursuant 
to section 1612(b), of such individual. 
‘‘(2) The benefit under this title for an individual who 
has an eligible spouse shall be payable— 
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‘‘(A) for calendar years 1974 through 2021, at 
the rate of $2,628 (or, if greater, the amount deter-
mined under section 1617), and 
‘‘(B) for calendar years after 2021, at the rate 
equal to twice the rate described in paragraph 
(1)(B), 
reduced by the amount of income, not excluded pursuant 
to section 1612(b), of such individual and spouse.’’. 
(b) CONFORMING CHANGES TO COST-OF-LIVING AD-
JUSTMENTS.—Section 1617(a)(1) of such Act (42 U.S.C. 
1382f(a)(1)) is amended by striking ‘‘(a)(1)(A), (a)(2)(A), 
(b)(1), and (b)(2)’’ and inserting ‘‘(a)(1)(A) and 
(a)(2)(A)’’. 
(c) EFFECTIVE DATE.—The amendments made by 
this section shall apply with respect to calendar years after 
2021. 
SEC. 4. SUPPORT AND MAINTENANCE FURNISHED IN KIND 
NOT INCLUDED AS INCOME. 
(a) IN GENERAL.—Section 1612(a)(2) of such Act 
(42 U.S.C. 1382a(a)(2)) is amended— 
(1) by inserting ‘‘(other than support or main-
tenance furnished in kind)’’ after ‘‘all other income’’; 
and 
(2) in subparagraph (A)— 
(A) by striking ‘‘or kind’’; 
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(B) by striking clause (i) and redesig-
nating clauses (ii) and (iii) as clauses (i) and 
(ii), respectively; and 
(C) in clause (ii) (as so redesignated), by 
striking ‘‘and the provisions of clause (i) shall 
not be applicable’’. 
(b) CONFORMING AMENDMENTS.— 
(1) Section 1611(c) of such Act (42 U.S.C. 
1382(c)) is amended by striking paragraph (6) and 
redesignating paragraphs (7) through (10) as para-
graphs (6) through (9), respectively. 
(2) Section 1612(a)(2) of such Act (42 U.S.C. 
1382a(a)(2)) is amended— 
(A) in subparagraph (F), by inserting 
‘‘and’’ at the end; 
(B) in subparagraph (G), by striking ‘‘; 
and’’ and inserting a period; 
(C) by moving subparagraph (G) 2 ems to 
the right; and 
(D) by striking subparagraph (H). 
(3) Section 1621(c) of such Act (42 U.S.C. 
1382j(c)) is amended to read as follows: 
‘‘(c) In determining the amount of income of an alien 
during the period of 5 years after such alien’s entry into 
the United States, support or maintenance furnished in 
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cash to the alien by such alien’s sponsor (to the extent 
that it reflects income or resources which were taken into 
account in determining the amount of income and re-
sources to be deemed to the alien under subsection (a) 
or (b) of this section) shall not be considered to be income 
of such alien under section 1612(a)(2)(A).’’. 
SEC. 5. EXCLUSION OF RETIREMENT ACCOUNTS FROM RE-
SOURCES. 
Section 1613(a) of the Social Security Act (42 U.S.C. 
1382b(a)) is amended— 
(1) in paragraph (16), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (17), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (17) the fol-
lowing new paragraph: 
‘‘(18) any qualified retirement plan or eligible 
deferred compensation plan (as such terms are de-
fined in sections 4974(c) and 457(b), respectively, of 
the Internal Revenue Code of 1986).’’. 
SEC. 6. REPEAL OF PENALTY FOR DISPOSAL OF RE-
SOURCES FOR LESS THAN FAIR MARKET 
VALUE. 
Section 1613(c) of such Act (42 U.S.C. 1382b(c)) is 
amended to read as follows: 
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‘‘(c) NOTIFICATION OF MEDICAID POLICY RESTRICT-
ING ELIGIBILITY OF INSTITUTIONALIZED INDIVIDUALS 
FOR BENEFITS BASED ON DISPOSAL OF RESOURCES FOR 
LESS THAN FAIR MARKET VALUE.— 
‘‘(1) IN GENERAL.—At the time an individual 
(and the individual’s eligible spouse, if any) applies 
for benefits under this title, and at the time the eli-
gibility of an individual (and such spouse, if any) for 
such benefits is redetermined, the Commissioner of 
Social Security shall— 
‘‘(A) inform such individual of the provi-
sions of section 1917(c) providing for a period 
of ineligibility for benefits under title XIX for 
individuals who make certain dispositions of re-
sources for less than fair market value, and in-
form such individual that information obtained 
pursuant to subparagraph (B) will be made 
available to the State agency administering a 
State plan under title XIX (as provided in 
paragraph (2)); and 
‘‘(B) obtain from such individual informa-
tion which may be used by the State agency in 
determining whether or not a period of ineligi-
bility for such benefits would be required by 
reason of section 1917(c). 
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‘‘(2) PROVISION
OF
INFORMATION
TO
STATE 
MEDICAID AGENCIES.—The Commissioner of Social 
Security shall make the information obtained under 
paragraph (1)(B) available, on request, to any State 
agency administering a State plan approved under 
title XIX.’’. 
SEC. 7. CLARIFYING THE TREATMENT OF CERTAIN STATE 
TAX CREDITS. 
Title XVI of the Social Security Act (42 U.S.C. 
1382a) is amended— 
(1) in section 1612(b)(19), by striking ‘‘and 
any payment’’ and all that follows through ‘‘credit)’’ 
and inserting ‘‘and any refund of State income taxes 
made to such individual (or such spouse) by reason 
of a State earned income tax credit (as defined by 
the Secretary)’’; and 
(2) in section 1613(a)(11)— 
(A) in subparagraph (A), by inserting ‘‘, 
and any refund of State income taxes made to 
such individual (or such spouse) by reason of a 
State child tax credit (as defined by the Sec-
retary)’’ before the semicolon; and 
(B) in subparagraph (B), by striking ‘‘and 
any payment’’ and all that follows through 
‘‘credit)’’ and inserting ‘‘and any refund of 
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State income taxes made to such individual (or 
such spouse) by reason of a State earned in-
come tax credit (as defined by the Secretary)’’. 
SEC. 8. ELIMINATION OF DEDICATED ACCOUNTS FOR CER-
TAIN PAST-DUE BENEFITS. 
(a) IN GENERAL.—Section 1631(a)(2) of the Social 
Security Act (42 U.S.C. 1383(a)(2)) is amended by strik-
ing subparagraph (F). 
(b) CONFORMING AMENDMENTS.— 
(1) RELATING
TO
PAYMENTS
AND
PROCE-
DURES.—Section 1631(a)(2) of the Social Security 
Act (42 U.S.C. 1383(a)(2)), as amended by sub-
section (a), is amended— 
(A) by redesignating subparagraphs (G), 
(H), and (I) as subparagraphs (F), (G), and 
(H), respectively; 
(B) in subparagraph (B)(vii)(I), by strik-
ing ‘‘subparagraph (I)’’ and inserting ‘‘subpara-
graph (H)’’; 
(C) in subparagraph (D)— 
(i) in clause (i), by striking ‘‘subpara-
graphs (E) and (F)’’ and inserting ‘‘sub-
paragraph (E)’’; and 
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(ii) in clause (ii), by striking ‘‘sub-
paragraph (I)’’ and inserting ‘‘subpara-
graph (H)’’; 
(D) in subparagraph (E), by striking ‘‘sub-
paragraph (H)(ii)’’ and inserting ‘‘subpara-
graph (G)(ii)’’; and 
(E) in subparagraph (G)(i)(II), as redesig-
nated by subparagraph (A), by striking ‘‘sub-
paragraph (I)’’ and inserting ‘‘subparagraph 
(H)’’. 
(2) EXCLUSIONS FROM INCOME.— 
(A) IN GENERAL.—Section 1612(b) of the 
Social Security Act is amended— 
(i) by striking paragraph (21); and 
(ii) by redesignating paragraphs (22) 
through (26) as paragraphs (21) through 
(25), respectively. 
(B) CONFORMING
AMENDMENT.—Section 
1613(a)(17) of such Act is amended by striking 
‘‘section 1612(b)(26)’’ and inserting ‘‘section 
1612(b)(25)’’. 
(3) EXCLUSIONS
FROM
RESOURCES.—Section 
1613(a) of the Social Security Act, as amended by 
section 5, is amended— 
(A) by striking paragraph (12); and 
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(B) by redesignating paragraphs (13) 
through (18) as paragraphs (12) through (17), 
respectively. 
(c) TREATMENT OF AMOUNTS TRANSFERRED FROM 
DEDICATED ACCOUNTS.—Amounts transferred from an 
account established on behalf of an individual as described 
in section 1631(a)(2)(F) of the Social Security Act (42 
U.S.C. 1383(a)(2)(F)) (as in effect on the day before the 
date of enactment of this Act) into another account of the 
individual as a result of the amendments made by this 
section shall not be taken into account as income or re-
sources of such individual for purposes of determining the 
eligibility of such individual or any other individual for 
benefits or assistance, or the amount or extent of such 
benefits or assistance, under title XVI of the Social Secu-
rity Act (42 U.S.C. 1381 et seq.), under any other Federal 
program, or under any State or local program financed 
in whole or in part with Federal funds. 
SEC. 9. ELIMINATION OF INSTALLMENT PAYMENT RE-
QUIREMENT. 
Section 1631(a) of the Social Security Act (42 U.S.C. 
1383(a)) is amended by striking paragraph (10). 
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SEC. 10. EXTENSION OF PERIOD OF EXCLUSION OF CER-
TAIN 
PAYMENTS 
FROM 
COUNTABLE 
RE-
SOURCES. 
Section 1613(a)(7) of the Social Security Act (42 
U.S.C. 1382b(a)(7)) is amended by striking ‘‘9 months’’ 
and inserting ‘‘21 months’’. 
SEC. 11. MODIFICATION OF RULES TO DETERMINE MAR-
ITAL RELATIONSHIPS. 
(a) IN GENERAL.—Section 1614(d) of the Social Se-
curity Act (42 U.S.C. 1382c(d)) is amended by striking 
‘‘except that’’ and all that follows through the end of the 
subsection and inserting ‘‘except that if two individuals 
have been determined to be married under section 
216(h)(1) for purposes of title II they shall be considered 
(from and after the date of such determination or the date 
of their application for benefits under this title, whichever 
is later) to be married for purposes of this title.’’. 
(b) CONFORMING AMENDMENTS.—Title XVI of the 
Social Security Act (42 U.S.C. 1381 et seq.) is amended— 
(1) in section 1611(e)(3)— 
(A) by striking ‘‘a husband and wife’’ each 
place it appears and inserting ‘‘two married in-
dividuals’’; and 
(B) by striking ‘‘such husband and wife’’ 
and inserting ‘‘such married individuals’’; 
(2) in section 1614(b)— 
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