[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2711 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                H. R. 2711

 To provide relief payments for non-COLA years to recipients of Social 
 Security, supplemental security income, railroad retirement benefits, 
       and veterans disability compensation or pension benefits.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 29, 2011

  Mr. Tonko 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 provide relief payments for non-COLA years to recipients of Social 
 Security, supplemental security income, railroad retirement benefits, 
       and veterans disability compensation or pension benefits.

    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 ``Supporting Our Seniors COLA Act of 
2011''.

SEC. 2. RELIEF PAYMENTS FOR NON-COLA YEARS 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.--For each non-COLA year of a 
                program providing benefit payments described in clause 
                (i), (ii), or (iii) of subparagraph (C) or in 
                subparagraph (D), the Secretary of the Treasury shall 
                disburse a cash payment equal to the applicable dollar 
                amount for such non-COLA year to each individual who, 
                for any month during such year, is entitled to such a 
                benefit payment under such program.
                    (B) Definitions.--For purposes of this section--
                            (i) Non-COLA year.--The term ``non-COLA 
                        year'' means, in connection with a program 
                        referred to in subparagraph (A), a 12-month 
                        period, ending with or during any calendar year 
                        after 2009, for which--
                                    (I) a cost-of-living adjustment is 
                                generally provided under such program 
                                in relation to an index; and
                                    (II) such an adjustment does not 
                                take effect by reason of the 
                                performance of such index.
                            (ii) Applicable dollar amount.--The term 
                        ``applicable dollar amount'' for a non-COLA 
                        year is--
                                    (I) in the case of a non-COLA year 
                                ending with or during 2010 or 2011 and 
                                in the case of a later non-COLA year 
                                which is not immediately preceded by a 
                                non-COLA year, $250; and
                                    (II) in the case of a non-COLA year 
                                ending after 2011 which is immediately 
                                preceded by a non-COLA year, the 
                                applicable dollar amount in effect 
                                under this clause for such preceding 
                                non-COLA year, plus $50.
                    (C) 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.
                    (D) SSI cash benefit described.--An 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) in connection with a non-COLA year 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 as of the beginning 
        of the non-COLA year 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 in connection with a non-COLA year--
                    (A) in the case of an individual entitled to a 
                benefit specified in paragraph (1)(C)(i) or paragraph 
                (1)(C)(ii)(VIII) if, for the last month of such 
                individual's entitlement in the non-COLA year, such 
                individual's benefit under such paragraph was not 
                payable by reason of subsection (x) or (y) of section 
                202 of 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)(C)(iii) if, for the 
                last month of such individual's entitlement in the non-
                COLA year, 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)(D) if, for last 
                month of such individual's entitlement in the non-COLA 
                year, 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 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.--The Secretary of the 
        Treasury shall commence disbursing payments under this section 
        with respect to a non-COLA year--
                    (A) in the case of a non-COLA year ending with or 
                during 2010 or 2011, not later than 90 days after the 
                date of the enactment of this Act; and
                    (B) in the case of a non-COLA year ending after 
                2010, at the earliest practicable date but in no event 
                later than 90 days after the later of the date of the 
                enactment of this Act or the end of such non-COLA year.
        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 (C) or (D) of paragraph (1).
    (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 (C) or (D) of subsection (a)(1).
    (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 (C) or (D) of subsection (a)(1).
            (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 subparagraph (C) or (D) 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)(C)(i) or (1)(D) 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)(C)(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)(C)(iii) of subsection (a) in the same 
                manner as those sections apply to a payment under that 
                title.
    (e) Appropriation.--Out of any sums in the Treasury of the United 
States not otherwise appropriated, the following sums are appropriated 
for each fiscal year beginning on or after October 1, 2011, to remain 
available until expended, to carry out this section:
            (1) For the Secretary of the Treasury, such sums as may be 
        necessary for administrative costs incurred in carrying out 
        this section.
            (2) For the Commissioner of Social Security--
                    (A) 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
                    (B) such sums as may be certified by the 
                Commissioner to the Secretary of the Treasury for the 
                Social Security Administration's Limitation on 
                Administrative Expenses as necessary for administrative 
                costs incurred in carrying out this section.
            (3) For the Railroad Retirement Board--
                    (A) 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
                    (B) such sums as may be certified by the Board to 
                the Secretary of the Treasury for the Railroad 
                Retirement Board's Limitation on Administration as 
                necessary for administrative costs incurred in carrying 
                out this section.
            (4)(A) For the Secretary of Veterans Affairs--
                            (i) such sums as may be necessary for the 
                        Compensation and Pensions account, for payments 
                        to individuals certified by the Secretary of 
                        Veterans Affairs as entitled to receive a 
                        payment under this section; and
                            (ii) such sums as may be certified by the 
                        Secretary of Veterans Affairs to the Secretary 
                        of the Treasury for the Information Systems 
                        Technology account and for the General 
                        Operating Expenses account as necessary for 
                        administrative costs incurred in carrying out 
                        this section.
            (B) The Department of Veterans Affairs Compensation and 
        Pensions account shall hereinafter be available for payments 
        authorized under subsection (a)(1)(A) to individuals entitled 
        to a benefit payment described in subsection (a)(1)(C)(iii).
                                 <all>