Supplemental Security Income Restoration Act of 2021
Bill: H.R.3763 | Sponsor: Rep. Grijalva, Raúl M. (D-AZ)
Policy area: Social Welfare

Summary:
Supplemental Security Income Restoration Act of 2021
This bill modifies eligibility for, and other components of, the Supplemental Security Income (SSI) program, including by (1) increasing applicable income and resource limits used to determine SSI eligibility, (2) equalizing treatment of married couples when both spouses receive SSI as compared to two unmarried individuals, and (3) eliminating the penalty on SSI applicants or recipients who transfer resources to another individual for less than fair market value.

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 Representatives 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:

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.--Section 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 subparagraph and inserting 
        ``$20,000 in calendar year 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 subparagraph 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 ``; inflation 
        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 multiplying 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 September of the preceding calendar year, by
            ``(2) such average for the 12-month period ending with 
        September 2021.''.

SEC. 3. UPDATE IN SUPPLEMENTAL SECURITY INCOME BENEFIT AMOUNTS AND 
              REPEAL OF MARRIAGE PENALTY.

    (a) In General.--Section 1611(b) of the Social Security Act (42 
U.S.C. 1382(b)) is amended to read as follows:

                         ``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 determined under section 
        1617), and
            ``(B) for calendar years after 2021, at the rate equal to 
        the annual poverty guideline for the calendar 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 
        Reconciliation Act of 1981) as applicable to a single 
        individual,
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--
            ``(A) for calendar years 1974 through 2021, at the rate of 
        $2,628 (or, if greater, the amount determined 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 Adjustments.--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 maintenance 
        furnished in kind)'' after ``all other income''; and
            (2) in subparagraph (A)--
                    (A) by striking ``or kind'';
                    (B) by striking clause (i) and redesignating 
                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 paragraphs (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 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 resources 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 RESOURCES.

    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 following new 
        paragraph:
            ``(18) any qualified retirement plan or eligible deferred 
        compensation plan (as such terms are defined in sections 
        4974(c) and 457(b), respectively, of the Internal Revenue Code 
        of 1986).''.

SEC. 6. REPEAL OF PENALTY FOR DISPOSAL OF RESOURCES FOR LESS THAN FAIR 
              MARKET VALUE.

    Section 1613(c) of such Act (42 U.S.C. 1382b(c)) is amended to read 
as follows:
    ``(c) Notification of Medicaid Policy Restricting 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 eligibility 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 provisions of 
                section 1917(c) providing for a period of ineligibility 
                for benefits under title XIX for individuals who make 
                certain dispositions of resources for less than fair 
                market value, and inform 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 information which 
                may be used by the State agency in determining whether 
                or not a period of ineligibility for such benefits 
                would be required by reason of section 1917(c).
            ``(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 Secretary)'' 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 State income taxes made 
                to such individual (or such spouse) by reason of a 
                State earned income tax credit (as defined by the 
                Secretary)''.

SEC. 8. ELIMINATION OF DEDICATED ACCOUNTS FOR CERTAIN 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 striking subparagraph (F).
    (b) Conforming Amendments.--
            (1) Relating to payments and procedures.--Section 
        1631(a)(2) of the Social Security Act (42 U.S.C. 1383(a)(2)), 
        as amended by subsection (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 striking 
                ``subparagraph (I)'' and inserting ``subparagraph 
                (H)'';
                    (C) in subparagraph (D)--
                            (i) in clause (i), by striking 
                        ``subparagraphs (E) and (F)'' and inserting 
                        ``subparagraph (E)''; and
                            (ii) in clause (ii), by striking 
                        ``subparagraph (I)'' and inserting 
                        ``subparagraph (H)'';
                    (D) in subparagraph (E), by striking ``subparagraph 
                (H)(ii)'' and inserting ``subparagraph (G)(ii)''; and
                    (E) in subparagraph (G)(i)(II), as redesignated by 
                subparagraph (A), by striking ``subparagraph (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
                    (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 resources 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 Security 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 REQUIREMENT.

    Section 1631(a) of the Social Security Act (42 U.S.C. 1383(a)) is 
amended by striking paragraph (10).

SEC. 10. EXTENSION OF PERIOD OF EXCLUSION OF CERTAIN PAYMENTS FROM 
              COUNTABLE RESOURCES.

    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 MARITAL RELATIONSHIPS.

    (a) In General.--Section 1614(d) of the Social Security 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 individuals''; 
                and
                    (B) by striking ``such husband and wife'' and 
                inserting ``such married individuals'';
            (2) in section 1614(b)--
                    (A) in the first sentence, by striking ``the 
                husband or wife of'' and inserting ``married to''; and
                    (B) in the second sentence, by striking ``husband 
                and wife'' and inserting ``married''; and
            (3) in section 1631(b)(1)(A)(i), by striking ``husband or 
        wife'' and inserting ``spouse''.

SEC. 12. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on January 1, 
2022.
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