Title: Supplemental Security Income Restoration Act of 2019
Policy area: Social Welfare

Summary:
Supplemental Security Income Restoration Act of 2019
This bill modifies eligibility for, and other components of, Supplemental Security Income (SSI). This needs-based program, administered by the Social Security Administration, provides cash benefits to the aged, blind, and disabled.
Among other changes, the bill increases income and resource limits used to determine SSI eligibility. Current law excludes from income limits the first $240 of income from sources other than earnings and the first $780 of earned income. The bill increases these amounts to $1,476 and $4,788, respectively. Current law also allows SSI recipients to have $2,000 in resources if they are single or $3,000 in resources if they are married. The bill increases those amounts to $10,000 and $20,000, respectively. The bill also excludes from income and resource determinations (1) support furnished in kind, and (2) state tax refunds derived from specified state tax credits.
In addition, the bill equalizes treatment of married couples when both spouses receive SSI. Under current law, such a married couple receives a lower benefit amount and is subject to lower income and resource limits than would apply to two unmarried individuals. The bill instead sets benefit amounts and limits for these married couples at a rate that is twice that of unmarried SSI recipients.
Additionally, the bill eliminates the penalty for transfers of certain resources. Under current law, SSI recipients who transfer resources for less than fair market value may lose SSI eligibility for up to 36 months. The bill repeals this loss of eligibility.
The bill also indexes annual benefit increases to a price index that reflects the spending patterns of elderly consumers.

[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[S. 2753 Introduced in Senate (IS)]

<DOC>






116th CONGRESS
  1st Session
                                S. 2753

To amend title XVI of the Social Security Act to update eligibility for 
   the supplemental security income program, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 30, 2019

    Mr. Brown (for himself, Ms. Warren, Ms. Hirono, Mr. Durbin, Mr. 
 Whitehouse, Mr. Blumenthal, Mr. Merkley, Mr. Sanders, Mr. Casey, and 
  Ms. Harris) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Supplemental Security Income 
Restoration Act of 2019''.

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 2020)''.
    (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 2020)''.
    (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 2020, 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 2020, 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 2020, 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 2019.''.

SEC. 3. 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. 4. 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. 5. REPEAL OF MARRIAGE PENALTY.

    (a) In General.--Section 1611(b)(2) of the Social Security Act (42 
U.S.C. 1382f(b)(2)) is amended by striking ``payable at the rate of'' 
and all that follows through the end of the paragraph and inserting 
``payable--
            ``(A) for calendar years 1974 through 2019, at the rate of 
        $2,628 (or, if greater, the amount determined under section 
        1617); and
            ``(B) for calendar year 2020 and any calendar year 
        thereafter, at twice the rate applicable for such calendar year 
        under paragraph (1) for an individual who does not have an 
        eligible spouse,
reduced by the amount of income, not excluded pursuant to section 
1612(b), of such individual and spouse.''.
    (b) Conforming Amendment.--Section 1617(a)(1) of such Act (42 
U.S.C. 1382(a)(1)) is amended by striking ``subsections (a)(1)(A), 
(a)(2)(A), (b)(1), and (b)(2)'' and inserting ``subsections (a)(1)(A), 
(a)(2)(A), and (b)(1)''.

SEC. 6. 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. 7. EFFECTIVE DATE.

    The amendments made by this Act shall take effect on January 1, 
2020.
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