[Congressional Bills 116th Congress]
[From the U.S. Government Publishing Office]
[H.R. 46 Introduced in House (IH)]
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116th CONGRESS
1st Session
H. R. 46
To ensure that seniors, veterans, and people with disabilities who
receive Social Security and certain other Federal benefits receive a
$250 payment in the event that no cost-of-living adjustment is payable
in a calendar year.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 3, 2019
Ms. Jackson Lee 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 seniors, veterans, and people with disabilities who
receive Social Security and certain other Federal benefits receive a
$250 payment in the event that no cost-of-living adjustment is payable
in a calendar year.
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 ``Social Security Safety Dividend Act
of 2019''.
SEC. 2. 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.--The Secretary of the Treasury
shall disburse, out of any funds in the Treasury of the
United States not otherwise appropriated, a cash
payment equal to $250 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) to each individual who, for any month
during such year, is entitled to such benefit payment.
(B) Non-COLA year.--For purposes of this section,
the term ``non-COLA year'' means, in connection with a
program referred to in subparagraph (A), a 12-month
period for which--
(i) a cost-of-living adjustment is
generally provided under such program in
relation to an index specified in section
215(i) of the Social Security Act (42 U.S.C.
415(i)); and
(ii) such an adjustment does not take
effect by reason of the performance of such
index.
(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.
(D) 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 for any non-COLA year 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)(B)(i) or paragraph
(1)(B)(ii)(VIII) if, for any month within the 12-month
period ending with the month of payment, 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)(B)(iii) if, for any
month within the 12-month period ending with the month
of payment, 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)(C) if, for any month
within the 12-month period ending with the month of
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.
(5) Timing and manner of payments.--The Secretary of the
Treasury shall commence disbursing payments under this section
at the earliest practicable date for any non-COLA year prior to
April 1 following such 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 (B) or (C) 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 for each non-COLA year 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 (B) or (C) 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).
(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 (B) or (C) 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 (B) or (C) 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)(B)(i) or (1)(C) 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)(B)(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)(B)(iii) of subsection (a) in the same
manner as those sections apply to a payment under that
title.
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