ABLE Awareness Act

Bill: 118-s-4910
Sponsor: full_name: Sen. Casey, Robert P., Jr. [D-PA]
Introduced: 2024-07-31
Policy area: Health
Latest action: action_date: 2024-07-31
text: Read twice and referred to the Committee on Finance.

Summaries:

tv_txt: II 118th CONGRESS 2d Session S. 4910 IN THE SENATE OF THE UNITED STATES July 31, 2024 Mr. Casey (for himself, Ms. Hirono , Mr. Wyden , Mr. Welch , Mr. Van Hollen , Ms. Klobuchar , Mr. Sanders , and Ms. Duckworth ) introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To direct Federal agencies to provide information on ABLE accounts and to provide grants for increasing awareness of ABLE accounts.

1. Short title This Act may be cited as the ABLE Awareness Act . 2. Findings Congress finds the following: (1) 2024 is the ten-year anniversary of the passage of the Stephen Beck, Jr., Achieving a Better Life Experience Act of 2014 that made it possible for individuals with disabilities to save for qualified disability expenses using ABLE accounts. (2) As of March 2024, there were over 171,000 ABLE accounts nationwide, with almost $2,000,000,000 invested in those accounts. (3) There are an estimated 8,000,000 Americans eligible for ABLE accounts under the current eligibility requirements, and another 6,000,000 people will be eligible when the eligibility limitation for the age at which the disability occurred increases to age 46. (4) Of the 14,000,000 people who will be eligible to open ABLE accounts in 2026, approximately 2,200,000 are veterans. (5) Only 1.2 percent of people who are eligible and could open an ABLE have done so. (6) The benefits of ABLE accounts should be available to more than the existing 171,000 account holders. 3. Purpose The purposes of this Act are— (1) to direct Federal agencies to inform people with disabilities about ABLE programs when first enroll in certain programs; and (2) to provide States and regions with resources to advertise the ABLE program as the eligibility requirements expand to include millions more people in 2026. 4. Directing agencies to inform people with disabilities about ABLE accounts (a) Social Security Administration (1) In general Beginning 180 days after the date of enactment of this Act, the Commissioner of Social Security shall provide the information described in paragraph (3) to any individual who is receiving any of the following on or after such date: (A) A supplemental security income benefit under title XVI of the Social Security Act ( 42 U.S.C. 1381 et seq. ). (B) A disability insurance benefit under section 223 of the Social Security Act ( 42 U.S.C. 423 ). (C) A monthly insurance benefit under section 202 of the Social Security Act ( 42 U.S.C. 402 ) based on such individual's disability (as defined in section 223(d) of such Act ( 42 U.S.C. 423(d) ). (2) Provision of information upon redetermination or overpayment Beginning 180 days after the date of enactment of this Act, the Commissioner of Social Security shall, in addition to providing the information described in paragraph (3) in accordance with paragraph (1), provide such information to any individual receiving a benefit described in paragraph (1)— (A) whenever such individual's eligibility for such benefit is redetermined; and (B) whenever such individual is found to have received an overpayment of such benefits due to the individual having resources that exceed the amount established under subparagraph (A) or (B) of section 1611(a)(3) of the Social Security Act ( 42 U.S.C. 1382(a)(3) ), as applicable to the individual. (3) Information on ABLE accounts The information described in this paragraph is the following: (A) Information on the existence of— (i) qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (ii) resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. (B) Instructions on how to open an ABLE account (as defined in section 529A of the Internal Revenue Code of 1986). (b) Department of Veterans Affairs (1) In general Chapter 63 of title 38, United States Code, is amended by adding at the end the following new section: 6321. ABLE programs The Secretary shall inform each individual who enrolls in a program carried out under the laws administered by the Secretary about the existence of qualified ABLE programs (as defined in section 529A of the Internal Revenue Code of 1986) and resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today, at the time of such enrollment. . (2) Clerical amendment The table of sections at the beginning of chapter 63 of such title is amended by adding at the end the following new item: 6321. ABLE programs. . (c) Department of Housing and Urban Development (1) Definition In this subsection, the term covered housing program means— (A) the program for supportive housing for persons with disabilities under section 811 of the Cranston-Gonzalez National Affordable Housing Act ( 42 U.S.C. 8013 ); and (B) the tenant-based assistance program under section 8(o) of the United States Housing Act of 1937 ( 42 U.S.C. 1437f(o) ). (2) Requirement The Secretary of Housing and Urban Development shall ensure that when a family or an individual enrolls in a covered housing program or otherwise begins to occupy housing assisted by a covered housing program, the family or individual is informed about— (A) the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (B) resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. (d) Chapter 85 of title 41, United states code Section 8503(d) of title 41, United States Code, is amended— (1) in paragraph (1), by striking and at the end; (2) in paragraph (2), by striking the period at the end and inserting ; and ; and (3) by adding at the end the following: (3) shall provide regulations providing that, when a qualified nonprofit agency that produces a product or services for the Federal Government under subsection (c) enrolls an individual in a program to produce the product or services, the agency shall inform the individual about— (A) the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (B) resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. . (e) State Medicaid and CHIP agencies (1) Medicaid Section 1902(a) of the Social Security Act ( 42 U.S.C. 1396a(a) ) is amended— (A) in paragraph (86), by striking ; and and inserting a semicolon; (B) in paragraph (87), by striking the period at the end and inserting ; and ; and (C) by inserting after paragraph (87) the following new paragraph: (88) provide that the State will inform any individual who enrolls for medical assistance under the State plan (or under a waiver of such plan) about the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986, and resources for people with disabilities, such as the ABLE National Resources Center, the National Association of State Treasurers, and ABLE Today, when they first enroll for such assistance. . (2) CHIP Section 2107(e)(1) of the Social Security Act ( 42 U.S.C. 1397gg(e)(1) ) is amended— (A) by redesignating subparagraphs (H) through (U) as subparagraphs (I) through (V), respectively; and (B) by inserting after subparagraph (G) the following new subparagraph: (H) Section 1902(a)(88) (relating to the provision of information about ABLE accounts to individuals when they first enroll for medical assistance). . (3) Effective date The amendments made by this subsection shall take effect on the date that is 180 days after the date of enactment of this Act. (f) State TANF agencies (1) In general Section 408(a) of the Social Security Act ( 42 U.S.C. 608(a) ) is amended by adding at the end the following new paragraph: (13) State requirement to provide information about ABLE accounts Beginning 180 days after the date of enactment of the ABLE Awareness Act, a State to which a grant is made under section 403 shall provide information about the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986, and resources for people with disabilities, such as the ABLE National Resources Center, the National Association of State Treasurers, and ABLE Today, to any family receiving or applying for assistance under such grant. . (2) State plan requirement Section 402(a)(1)(B) of the Social Security Act ( 42 U.S.C. 602(a)(1)(B) ) is amended by adding at the end the following new clause: (vi) The document shall include information about how the State will provide information about qualified ABLE programs to individuals as required under section 408(a)(13). . (g) Nutrition assistance programs Each State shall inform people with disabilities (as defined in section 3 of the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12102 )) about the existence of qualified ABLE programs (as defined in section 529A of the Internal Revenue Code of 1986), and resources for people with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today, on enrollment in any means-tested nutrition assistance program of the Department of Agriculture or the Department of Defense, including— (1) the supplemental nutrition assistance program established under the Food and Nutrition Act of 2008 ( 7 U.S.C. 2011 et seq. ); and (2) the special supplemental nutrition program for women, infants, and children established by section 17 of the Child Nutrition Act of 1966 ( 42 U.S.C. 1786 ). (h) Rehabilitation Act of 1973 Section 101(a) of the Rehabilitation Act of 1973 ( 29 U.S.C. 721(a) ) is amended by adding at the end the following: (27) Information on ABLE programs The State plan shall provide that, when an individual with a disability (as defined in section 7(20)(A)) enrolls in a vocational rehabilitation program, the designated State unit shall inform the person about— (A) the existence of qualified ABLE programs as defined in section 529A of the Internal Revenue Code of 1986; and (B) resources for individuals with disabilities, such as the ABLE National Resource Center, the National Association of State Treasurers, and ABLE Today. . (i) Medicare Beginning 180 days after the date of enactment of this Act, the Secretary of Health and Human Services shall provide the information described in subsection (a)(3)(A) to any individual entitled to benefits under title XVIII of the Social Security Act ( 42 U.S.C. 1395 et seq. ) by reason of section 1811(2) of such Act ( 42 U.S.C. 1395c(2) ) at the time such individual becomes entitled to such benefits. 5. ABLE awareness grants (a) In general The Secretary may award grants to eligible entities for the purposes of promoting the availability of ABLE programs and their benefits and encouraging the establishment of ABLE accounts for eligible individuals. (b) Eligible entity For purposes of this section, the term eligible entity means— (1) any State, or any agency or instrumentality thereof; (2) an Indian tribal government or any subdivision thereof; or (3) any consortium of entities described in paragraph (1) or (2). (c) Awarding grants (1) Application An eligible entity desiring a grant under this section shall submit to the Secretary an application at such time, in such manner, and containing or accompanied by such information, as the Secretary may reasonably require. (2) Data collection and reporting The Secretary may not award a grant under this section unless the eligible entity agrees to collect data on the number of ABLE accounts established as a result of activities carried out with the grant funds. (d) Use of funds (1) In general An eligible entity receiving a grant under this section shall use the grant to increase awareness of ABLE accounts and to provide information on how to enroll in such accounts. (2) Activities An eligible entity may use a grant under this section for— (A) media buys; (B) conferences, meetings, canvassing, and recruitment; and (C) other activities to promote the availability and establishment of ABLE accounts. (e) Other terms For purposes of this section: (1) ABLE program; ABLE account; eligible individual The terms ABLE program , ABLE account , and eligible individual have the respective meaning given such terms under section 529A of the Internal Revenue Code of 1986. (2) Secretary The term Secretary means the Secretary of the Treasury or the Secretary's delegate. (3) State The term State includes any territory or possession of the United States. (f) Authorization of appropriations There is authorized to be appropriated to carry out this section $50,000,000 for each of fiscal years 2025 through 2029.