I 111th CONGRESS 1st Session H. R. 3677 IN THE HOUSE OF REPRESENTATIVES September 30, 2009 Ms. Granger introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure and Appropriations, 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 concerned A BILL To provide relief payments to recipients of social security and railroad retirement benefits, and for other purposes.

1.

Short title

This Act may be cited as the Save Our Seniors’ Social Security Act of 2009.

2.

Relief payments to recipients of social security and railroad retirement benefits

(a)

Authority To make payments

(1)

Eligibility

(A)

In general

Subject to paragraph (5)(B), the Secretary of the Treasury shall disburse a $280 payment to each individual who, for any of the months of December 2009, January 2010, or February 2010, is entitled to a benefit payment described in clause (i) or (ii) of subparagraph (B). (B)

Benefit payment described

For purposes of subparagraph (A): (i)

Title II benefit

A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social 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)); (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 benefit

A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 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. (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 Islands, American Samoa, or the Northern Mariana Islands. For purposes of the preceding sentence, the determination of the individual's residence shall be based on the current address of record under a program specified in paragraph (1). (3)

No double payments

An individual shall be paid only 1 payment under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1). (4)

Limitation

A payment under this section shall not be made— (A)in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) 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 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); or (B)in the case of any individual whose date of death occurs before the date on which the individual is certified under subsection (b) to receive a payment under this section. (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 but in no event later than 120 days after the date of the enactment of this Act. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in paragraph (1)(B). (B)

Deadline

No payments shall be disbursed under this section after December 31, 2012, regardless of any determinations of entitlement to, or eligibility for, such payments made after such date. (b)

Identification of recipients

The Commissioner of Social Security and the Railroad Retirement Board shall certify the individuals entitled to receive payments under this section and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subsection (a)(1)(B). (c)

Treatment of payments

(1)

Payment to be disregarded for purposes 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 following 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 Federal program or under any State or local program financed in whole or in part with Federal funds. (2)

Payment not considered income for purposes of taxation

A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986. (3)

Payments protected from assignment

The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)) and section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)) shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subsection (a)(1)(B). (4)

Payments subject to offset

Notwithstanding paragraph (3), for purposes of section 3716 of title 31, United States Code, any payment made under this section shall not be considered a benefit payment or cash benefit made under the applicable program described in subsection (a)(1)(B) and all amounts paid shall be subject to offset to collect delinquent debts. (d)

Payment to representative payees and fiduciaries

(1)

In general

In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire 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 benefit

Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a–8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in subsection (a)(1)(B)(i) in the same manner as such section applies to a payment under title II of such Act. (B)

Payment on the basis of a railroad 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 subsection (a)(1)(B)(ii) in the same manner as such section applies to a payment under such Act. (e)

Appropriation

(1)

In general

Out of any sums in the Treasury of the United States not otherwise appropriated, the following sums are appropriated for the period of fiscal years 2010 through 2012 to carry out this section: (A)For the Secretary of the Treasury, $131,000,000 for administrative costs incurred in carrying out this section. (B)For the Commissioner of Social Security— (i)such sums as may be necessary for payments to individuals certified by the Commissioner of Social Security as entitled to receive a payment under this section; and (ii)$90,000,000 for the Social Security Administration's Limitation on Administrative Expenses for costs incurred in carrying out this section. (C)For the Railroad Retirement Board— (i)such sums as may be necessary for payments to individuals certified by the Railroad Retirement Board as entitled to receive a payment under this section; and (ii)$1,400,000 to the Railroad Retirement Board's Limitation on Administration for administrative costs incurred in carrying out this section. (2)

Limitation

No part of any appropriation contained in paragraph (1) shall remain available for obligation beyond fiscal year 2012.

3.

Funding

(a)

In general

Effective on the date of the enactment of this Act, of the unobligated balance of the discretionary appropriations made available by division A of the American Recovery and Reinvestment Act of 2009 (Public Law 111–5), there is rescinded the amount determined by the Director of the Office of Management and Budget to be required to offset the increase in spending resulting from the provisions of section 2. (b)

Application

The rescission made by subsection (a) shall be applied proportionately— (1)to each discretionary account; and (2)within each such account, to each program, project, and activity (with programs, projects, and activities as delineated in the appropriation Act or accompanying reports for the relevant fiscal year covering such account, or for accounts not included in appropriation Act, as delineated in the most recently submitted President's budget). (c)

OMB report

Within 30 days after the date of the enactment of this Act, the Director of the Office of Management and Budget shall submit to the House of Representatives and the Senate a report specifying the reductions made to each account, program, project, and activity pursuant to this section.