[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2397 Introduced in Senate (IS)]

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117th CONGRESS
  1st Session
                                S. 2397

To amend title II of the Social Security Act to extend eligibility for 
child's benefits until age 26 for certain individuals who are at least 
 half-time students at a post-secondary school, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 20, 2021

 Mr. Van Hollen (for himself and Mr. Sanders) introduced the following 
  bill; which was read twice and referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL


 
To amend title II of the Social Security Act to extend eligibility for 
child's benefits until age 26 for certain individuals who are at least 
 half-time students at a post-secondary school, and for other purposes.

    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 ``Helping Students Successfully 
Overcome Adversity and Rise with Social Security Act'' or the ``Helping 
Students SOAR with Social Security Act''.

SEC. 2. EXTENSION OF CHILD'S BENEFIT FOR CERTAIN STUDENTS UNDER AGE 26.

    (a) In General.--Section 202(d)(1)(B) of the Social Security Act 
(42 U.S.C. 402(d)(1)(B)) is amended to read as follows:
                    ``(B) at the time such application was filed was 
                unmarried and--
                            ``(i) had not attained the age of 18,
                            ``(ii) was a full-time elementary or 
                        secondary school student and had not attained 
                        the age of 19,
                            ``(iii) was a qualifying post-secondary 
                        school student and had not attained the age of 
                        26, but only in the case of the child of an 
                        individual who--
                                    ``(I) is entitled to disability 
                                insurance benefits or was entitled to 
                                such benefits until the month the 
                                individual attained retirement age,
                                    ``(II) died a fully or currently 
                                insured individual, or
                                    ``(III) is entitled to old-age 
                                insurance benefits, but only if the 
                                child is the child of the individual 
                                pursuant to clause (3) of section 
                                216(e), or
                            ``(iv) is under a disability (as defined in 
                        section 223(d)) which began before he attained 
                        the age of 22, and''.
    (b) Definition of Qualifying Post-Secondary School Student.--
            (1) In general.--Section 202(d)(7) of such Act (42 U.S.C. 
        402(d)(7)(A)) is amended--
                    (A) in subparagraph (A)--
                            (i) in the first sentence--
                                    (I) by inserting ``and a 
                                `qualifying post-secondary school 
                                student' is an individual who is in at 
                                least half-time attendance as a student 
                                at a post-secondary school or a 
                                comprehensive transition and 
                                postsecondary program'' before ``, as 
                                determined by the Commissioner of 
                                Social Security'';
                                    (II) by striking ``if he is paid by 
                                his employer'' and inserting ``or a 
                                `qualifying post-secondary school 
                                student' if the individual is paid by 
                                the individual's employer'';
                                    (III) by striking ``at the request, 
                                or pursuant to a requirement, of his 
                                employer'' and inserting ``or a post-
                                secondary school at the request of, or 
                                pursuant to a requirement of, the 
                                individual's employer''; and
                                    (IV) by inserting ``(unless the 
                                individual is employed by such employer 
                                under a registered apprenticeship 
                                program)'' before the period; and
                            (ii) in the third sentence, by striking 
                        ``shall be deemed to be such a student'' and 
                        inserting ``, who is determined to be a student 
                        in at least half-time attendance at a post-
                        secondary school, shall be deemed to be such a 
                        student''; and
                    (B) in subparagraph (B)--
                            (i) by inserting ``or a qualifying post-
                        secondary school student'' before ``during any 
                        period'';
                            (ii) by inserting ``or, in the case of a 
                        qualifying post-secondary school student, any 
                        period of nonattendance at a post-secondary 
                        school at which the individual has been in at 
                        least half-time attendance'' after ``full-time 
                        attendance''; and
                            (iii) by inserting ``or, in the case of a 
                        qualifying post-secondary school student, in at 
                        least half-time attendance at a post-secondary 
                        school'' before ``immediately following such 
                        period'' each place it appears.
            (2) Transition from elementary or secondary school.--
        Section 202(d)(7)(B) of such Act (42 U.S.C. 402(d)(7)(B)) is 
        amended by adding at the end the following sentence: ``An 
        individual who has been in full-time attendance at an 
        elementary or secondary school shall, during a succeeding 
        period of nonattendance at such school, be deemed to be a 
        qualifying post-secondary school student if (i) such period is 
        4 calendar months or less, and (ii) the individual shows to the 
        satisfaction of the Commissioner that he intends to be in at 
        least half-time attendance at a post-secondary school or a 
        comprehensive transition and postsecondary program immediately 
        following such period.''.
    (c) Definitions of Post-Secondary School, Registered Apprenticeship 
Program, and Comprehensive Transition and Postsecondary Program.--
Section 202(d)(7)(C) of such Act (42 U.S.C. 402(d)(7)(C)) is amended by 
adding at the end the following:
                            ``(iii) A `post-secondary school' is an 
                        institution described in section 102 of the 
                        Higher Education Act of 1965 (20 U.S.C. 1002).
                            ``(iv) A `registered apprenticeship 
                        program' is a program registered under the Act 
                        of August 16, 1937 (commonly known as the 
                        `National Apprenticeship Act').
                            ``(v) A `comprehensive transition and 
                        postsecondary program' is a program defined 
                        under paragraph (1) of section 760 of the 
                        Higher Education Opportunity Act of 2008 (20 
                        U.S.C. 1140).''.
    (d) Conforming Amendments.--
            (1) Section 202(d)(1)(E) of such Act (42 U.S.C. 
        402(d)(1)(E)) is amended by inserting ``or (in the case of the 
        child of an individual described in subparagraph (B)(iii)) a 
        qualifying post-secondary school student'' after ``student''.
            (2) Section 202(d)(1)(F) of such Act (42 U.S.C. 
        402(d)(1)(F)) is amended by striking ``the earlier of--'' and 
        all that follows through ``the age of 19,'' and inserting the 
        following: ``the earlier of--
                            ``(i) the first month during no part of 
                        which the child is a full-time elementary or 
                        secondary school student or (in the case of the 
                        child of an individual described in 
                        subparagraph (B)(iii)) a qualifying post-
                        secondary school student,
                            ``(ii) the month in which the child attains 
                        the age of 19, but (in the case of the child of 
                        an individual described in subparagraph 
                        (B)(iii)) only if the child is not a qualifying 
                        post-secondary school student during any part 
                        of such month, or
                            ``(iii) the month in which the child 
                        attains the age of 26,''.
            (3) Section 202(d)(1)(G) of such Act (42 U.S.C. 
        402(d)(1)(G)) is amended by striking ``(if later)'' and all 
        that follows through the ``the age of 19,'' and inserting the 
        following: ``(if later) the earlier of--
                            ``(ii) the first month during no part of 
                        which the child is a full-time elementary or 
                        secondary school student or (in the case of the 
                        child of an individual who is described in 
                        subparagraph (B)(iii)) a qualifying post-
                        secondary school student,
                            ``(iii) the month in which the child 
                        attains the age of 19, but (in the case of the 
                        child of an individual who is described in 
                        subparagraph (B)(iii)) only if the child is not 
                        a qualifying post-secondary school student 
                        during any part of such month, or
                            ``(iv) the month in which the child attains 
                        the age of 26,''.
            (4) Section 202(d)(6)(A) of such Act (42 U.S.C. 
        402(d)(6)(A)) is amended to read as follows:
                    ``(A)(i) is a full-time elementary or secondary 
                school student and has not attained the age of 19,
                    ``(ii) in the case of the child of an individual 
                who is described in paragraph (1)(B)(iii), is a 
                qualifying post-secondary school student and has not 
                attained the age of 26, or
                    ``(iii) is under a disability (as defined in 
                section 223(d)) and has not attained the age of 22, 
                or''.
            (5) Section 202(d)(6)(D) of such Act (42 U.S.C. 
        402(d)(6)(D)) is amended to read as follows:
                    ``(D) the earlier of--
                            ``(i) the first month during no part of 
                        which the child is--
                                    ``(I) under a disability (as so 
                                defined),
                                    ``(II) a full-time elementary or 
                                secondary school student, or
                                    ``(III) in the case of the child of 
                                an individual who is described in 
                                paragraph (1)(B)(iii), a qualifying 
                                post-secondary school student,
                            ``(ii) the month in which the child attains 
                        the age of 19, but only if--
                                    ``(I) the child is not under a 
                                disability (as so defined) in such 
                                month,
                                    ``(II) in the case of the child of 
                                an individual who is described in 
                                paragraph (1)(B)(iii), the child is not 
                                a qualifying post-secondary school 
                                student during any part of such month, 
                                or
                            ``(iii) the month in which the child 
                        attains the age of 26, but only if the child is 
                        not under a disability (as so defined) in such 
                        month; or''.
            (6) Section 202(d)(6)(E) of such Act (42 U.S.C. 
        402(d)(6)(E)) is amended by striking ``(if later)'' and all 
        that follows to the end and inserting the following: ``(if 
        later) the earlier of--
                            ``(i) the first month during no part of 
                        which the child is a full-time elementary or 
                        secondary school student or (in the case of the 
                        child of an individual who is described in 
                        paragraph (1)(B)(iii)) a qualifying post-
                        secondary school student,
                            ``(ii) the month in which the child attains 
                        the age of 19, but (in the case of the child of 
                        an individual who is described in paragraph 
                        (1)(B)(iii)) only if the child is not a 
                        qualifying post-secondary school student during 
                        any part of such month, or
                            ``(iii) the month in which the child 
                        attains the age of 26.''.
            (7) Section 202(d)(7)(D) of such Act (42 U.S.C. 
        402(d)(7)(D)) is amended--
                    (A) by striking ``A child who'' and inserting ``(i) 
                A child who'';
                    (B) by striking ``clause (i) of paragraph (1)(B)'' 
                and inserting ``clause (ii) of paragraph (1)(B)''; and
                    (C) by adding at the end the following:
                    ``(ii) If the child of an individual who is 
                described in paragraph (1)(B)(iii) attains age 26 at a 
                time when the child is a qualifying post-secondary 
                school student (as defined in subparagraph (A) of this 
                paragraph and without application of subparagraph (B) 
                of this paragraph) on the basis of the child's 
                attendance at a post-secondary school or a 
                comprehensive transition and postsecondary program (as 
                such terms are defined in subparagraph (C)) but has not 
                (at such time) completed the requirements for, or 
                received, a diploma or equivalent certificate from such 
                school or program shall be deemed (for purposes of 
                determining whether the child's entitlement to benefits 
                under this subsection has terminated under paragraph 
                (1)(F) and for purposes of determining the child's 
                initial entitlement to such benefits under clause (iii) 
                of paragraph (1)(B)) not to have attained such age 
                until the first day of the first month following the 
                end of the quarter or semester in which the child is 
                enrolled at such time (or, if the post-secondary school 
                or comprehensive transition and postsecondary program 
                (as so defined) in which the child is enrolled is not 
                operated on a quarter or semester system, until the 
                first day of the first month following the completion 
                of the courses in which the child is so enrolled on the 
                date the child attains age 26 or until the first day of 
                the third month beginning after such time, whichever 
                first occurs).''.
    (e) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act, and shall apply to 
applications for child's insurance benefits under title II of the 
Social Security Act (42 U.S.C. 401 et seq.) filed on or after such 
date.
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