[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6413 Introduced in House (IH)]

111th CONGRESS
  2d Session
                                H. R. 6413

To ensure that individuals who receive Social Security or certain other 
 Federal benefits receive a one-time payment equal to 5 percent of the 
total annual amount of such benefit in the event that no cost-of-living 
                     adjustment is payable in 2011.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           November 16, 2010

  Mr. Weiner 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 Veterans' Affairs, 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 ensure that individuals who receive Social Security or certain other 
 Federal benefits receive a one-time payment equal to 5 percent of the 
total annual amount of such benefit in the event that no cost-of-living 
                     adjustment is payable in 2011.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS 
              OF SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, 
              RAILROAD RETIREMENT BENEFITS, AND VETERANS DISABILITY 
              COMPENSATION OR PENSION BENEFITS.

    (a) Authority To Make Payments.--
            (1) Eligibility.--
                    (A) In general.--Subject to paragraph (5)(B), the 
                Secretary of the Treasury shall disburse a one-time 
                payment of the applicable amount to each individual 
                who, for any month during the 3-month period ending 
                with the month which ends prior to the month that 
                includes the date of the enactment of this Act, is 
                entitled to a benefit payment described in clause (i), 
                (ii), or (iii) of subparagraph (D) or is eligible for a 
                SSI cash benefit described in subparagraph (E). 
                Payments shall be made under this section only if no 
                increase takes effect with the month of December 2010 
                under section 215(i) of the Social Security Act. In the 
                case of an individual who is eligible for a payment 
                under this subparagraph by reason of entitlement to a 
                benefit described in subparagraph (D)(i), no such 
                payment shall be made to such individual unless such 
                individual was paid a benefit described in such 
                subparagraph (D)(i) for any month in the 12-month 
                period ending with the month which ends prior to the 
                month that includes the date of the enactment of this 
                Act.
                    (B) Applicable amount.--
                            (i) In general.--For purposes of 
                        subparagraph (A), the applicable amount shall 
                        be the percentage of such individual's monthly 
                        benefit payment described in clause (i), (ii), 
                        or (iii) of subparagraph (C) or SSI cash 
                        benefit described in subparagraph (D) for the 
                        month of December 2010 determined by 
                        multiplying such benefit payment by 0.6.
                            (ii) Individual receiving more than 1 
                        benefit.--In the case that an individual is 
                        entitled to, or eligible for, more than 1 
                        benefit payment described in clause (i), (ii), 
                        or (iii) of subparagraph (C) or SSI cash 
                        benefit described in subparagraph (D), such 
                        individual's payment shall be determined using 
                        such benefit payment that provides the greater 
                        monthly benefit payment.
                    (C) Funding for appropriations to the general fund 
                of the treasury.--In order to reimburse the general 
                fund of the Treasury for payments made pursuant to 
                subparagraph (A), the Director of the Office of 
                Management and Budget shall redirect to the general 
                fund of the Treasury any repayment of assistance 
                provided under title I of the Emergency Economic 
                Stabilization Act of 2008 (12 U.S.C. 5201 et seq.) made 
                by a financial institution (as defined in section 3(5) 
                of such Act (12 U.S.C. 5202(5)) after the date of the 
                enactment of this Act.
                    (D) 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.
                            (iii) Veterans benefit.--A benefit payment 
                        described in this clause is a compensation or 
                        pension payment payable under--
                                    (I) section 1110, 1117, 1121, 1131, 
                                1141, or 1151 of title 38, United 
                                States Code;
                                    (II) section 1310, 1312, 1313, 
                                1315, 1316, or 1318 of title 38, United 
                                States Code;
                                    (III) section 1513, 1521, 1533, 
                                1536, 1537, 1541, 1542, or 1562 of 
                                title 38, United States Code; or
                                    (IV) section 1805, 1815, or 1821 of 
                                title 38, United States Code,
                        to a veteran, surviving spouse, child, or 
                        parent as described in paragraph (2), (3), 
                        (4)(A)(ii), or (5) of section 101, title 38, 
                        United States Code, who received that benefit 
                        during any month within the 3-month period 
                        ending with the month which ends prior to the 
                        month that includes the date of the enactment 
                        of this Act.
                    (E) SSI cash benefit described.--A SSI cash benefit 
                described in this subparagraph is a cash benefit 
                payable under section 1611 (other than under subsection 
                (e)(1)(B) of such section) or 1619(a) of the Social 
                Security Act (42 U.S.C. 1382, 1382h).
            (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, or who are utilizing a foreign or domestic Army Post 
        Office, Fleet Post Office, or Diplomatic Post Office address. 
        For purposes of the preceding sentence, the determination of 
        the individual's residence shall be based on the address of 
        record, as of the date of certification under subsection (b) 
        for a payment under this section 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 (or, in the case of subparagraph (D), shall not be due)--
                    (A) in the case of an individual entitled to a 
                benefit specified in paragraph (1)(D)(i) or paragraph 
                (1)(D)(ii)(VIII) if--
                            (i) for the most recent month of such 
                        individual's entitlement in the 3-month period 
                        described in paragraph (1); or
                            (ii) for any month thereafter which is 
                        before the month after the month of the 
                        payment;
                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);
                    (B) in the case of an individual entitled to a 
                benefit specified in paragraph (1)(D)(iii) 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, or was reduced, by reason of section 1505, 
                5313, or 5313B of title 38, United States Code;
                    (C) in the case of an individual entitled to a 
                benefit specified in paragraph (1)(E) if--
                            (i) for such most recent month of such 
                        individual's eligibility in the 3-month period 
                        described in paragraph (1); or
                            (ii) for any month thereafter which is 
                        before the month after the month of the 
                        payment;
                such individual's benefit under such paragraph was not 
                payable by reason of subsection (e)(1)(A) or (e)(4) of 
                section 1611 (42 U.S.C. 1382) or section 1129A of such 
                Act (42 U.S.C. 1320a-8a); or
                    (D) in the case of any individual whose date of 
                death occurs--
                            (i) before the date of the receipt of the 
                        payment; or
                            (ii) in the case of a direct deposit, 
                        before the date on which such payment is 
                        deposited into such individual's account.
                In the case of any individual whose date of death 
                occurs before a payment is negotiated (in the case of a 
                check) or deposited (in the case of a direct deposit), 
                such payment shall not be due and shall not be reissued 
                to the estate of such individual or to any other 
                person. Subparagraphs (A)(ii) and (C)(ii) shall apply 
                only in the case of certifications under subsection (b) 
                which are, or but for this paragraph would be, made 
                after the date of the enactment of this Act, shall 
                apply to such certifications without regard to the 
                calendar year of the payments to which such 
                certifications apply.
            (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 in 2011 prior to April 
                1, 2011. 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 subparagraph (D) or (E) of paragraph (1).
                    (B) Deadline.--No payments shall be disbursed under 
                this section after December 31, 2011, 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, the Railroad Retirement Board, and the Secretary of Veterans 
Affairs 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 subparagraph (D) or (E) of subsection (a)(1) 
(except that such certification shall be affected by a determination 
that an individual is an individual described in subparagraph (A), (B), 
(C), or (D) of subsection (a)(4) during a period described in such 
subparagraphs), and no individual shall be certified to receive a 
payment under this section for a calendar year if such individual has 
at any time been denied certification for such a payment for such 
calendar year by reason of subparagraph (A)(ii) or (C)(ii) of 
subsection (a)(4) (unless such individual is subsequently determined 
not to have been an individual described in either such subparagraph at 
the time of such denial).
    (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)), section 14(a) of the Railroad 
        Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of 
        title 38, United States Code, 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 subparagraph (D) or (E) of subsection (a)(1).
            (4) Payments subject to offset.--Notwithstanding paragraph 
        (3)--
                    (A) any payment made under this section shall, in 
                the case of a payment of a direct deposit which is made 
                after the date of the enactment of this Act, be subject 
                to the reclamation provisions under subpart B of part 
                210 of title 31, Code of Federal Regulations (relating 
                to reclamation of benefit payments); and
                    (B) any payment made under this section shall not, 
                for purposes of section 3716 of title 31, United States 
                Code, be considered a benefit payment or cash benefit 
                made under the applicable program described in 
                subparagraph (D) or (E) of subsection (a)(1), 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 or ssi 
                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 paragraph (1)(D)(i) or (1)(E) of 
                subsection (a) in the same manner as such section 
                applies to a payment under title II or XVI 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 
                paragraph (1)(D)(ii) of subsection (a) in the same 
                manner as such section applies to a payment under such 
                Act.
                    (C) Payment on the basis of a veterans benefit.--
                Sections 5502, 6106, and 6108 of title 38, United 
                States Code, shall apply to any payment made on the 
                basis of an entitlement to a benefit specified in 
                paragraph (1)(D)(iii) of subsection (a) in the same 
                manner as those sections apply to a payment under that 
                title.
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