[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4910 Introduced in Senate (IS)]

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118th CONGRESS
  2d Session
                                S. 4910

To direct Federal agencies to provide information on ABLE accounts and 
      to provide grants for increasing awareness of ABLE accounts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             July 31, 2024

   Mr. Casey (for himself, Ms. Hirono, Mr. Wyden, Mr. Welch, Mr. Van 
 Hollen, Ms. Klobuchar, Mr. Sanders, and Ms. Duckworth) introduced the 
 following bill; which was read twice and referred to the Committee on 
                                Finance

_______________________________________________________________________

                                 A BILL


 
To direct Federal agencies to provide information on ABLE accounts and 
      to provide grants for increasing awareness of ABLE accounts.

    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 ``ABLE Awareness Act''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) 2024 is the ten-year anniversary of the passage of the 
        Stephen Beck, Jr., Achieving a Better Life Experience Act of 
        2014 that made it possible for individuals with disabilities to 
        save for qualified disability expenses using ABLE accounts.
            (2) As of March 2024, there were over 171,000 ABLE accounts 
        nationwide, with almost $2,000,000,000 invested in those 
        accounts.
            (3) There are an estimated 8,000,000 Americans eligible for 
        ABLE accounts under the current eligibility requirements, and 
        another 6,000,000 people will be eligible when the eligibility 
        limitation for the age at which the disability occurred 
        increases to age 46.
            (4) Of the 14,000,000 people who will be eligible to open 
        ABLE accounts in 2026, approximately 2,200,000 are veterans.
            (5) Only 1.2 percent of people who are eligible and could 
        open an ABLE have done so.
            (6) The benefits of ABLE accounts should be available to 
        more than the existing 171,000 account holders.

SEC. 3. PURPOSE.

    The purposes of this Act are--
            (1) to direct Federal agencies to inform people with 
        disabilities about ABLE programs when first enroll in certain 
        programs; and
            (2) to provide States and regions with resources to 
        advertise the ABLE program as the eligibility requirements 
        expand to include millions more people in 2026.

SEC. 4. DIRECTING AGENCIES TO INFORM PEOPLE WITH DISABILITIES ABOUT 
              ABLE ACCOUNTS.

    (a) Social Security Administration.--
            (1) In general.--Beginning 180 days after the date of 
        enactment of this Act, the Commissioner of Social Security 
        shall provide the information described in paragraph (3) to any 
        individual who is receiving any of the following on or after 
        such date:
                    (A) A supplemental security income benefit under 
                title XVI of the Social Security Act (42 U.S.C. 1381 et 
                seq.).
                    (B) A disability insurance benefit under section 
                223 of the Social Security Act (42 U.S.C. 423).
                    (C) A monthly insurance benefit under section 202 
                of the Social Security Act (42 U.S.C. 402) based on 
                such individual's disability (as defined in section 
                223(d) of such Act (42 U.S.C. 423(d)).
            (2) Provision of information upon redetermination or 
        overpayment.--Beginning 180 days after the date of enactment of 
        this Act, the Commissioner of Social Security shall, in 
        addition to providing the information described in paragraph 
        (3) in accordance with paragraph (1), provide such information 
        to any individual receiving a benefit described in paragraph 
        (1)--
                    (A) whenever such individual's eligibility for such 
                benefit is redetermined; and
                    (B) whenever such individual is found to have 
                received an overpayment of such benefits due to the 
                individual having resources that exceed the amount 
                established under subparagraph (A) or (B) of section 
                1611(a)(3) of the Social Security Act (42 U.S.C. 
                1382(a)(3)), as applicable to the individual.
            (3) Information on able accounts.--The information 
        described in this paragraph is the following:
                    (A) Information on the existence of--
                            (i) qualified ABLE programs as defined in 
                        section 529A of the Internal Revenue Code of 
                        1986; and
                            (ii) resources for people with 
                        disabilities, such as the ABLE National 
                        Resource Center, the National Association of 
                        State Treasurers, and ABLE Today.
                    (B) Instructions on how to open an ABLE account (as 
                defined in section 529A of the Internal Revenue Code of 
                1986).
    (b) Department of Veterans Affairs.--
            (1) In general.--Chapter 63 of title 38, United States 
        Code, is amended by adding at the end the following new 
        section:
``Sec. 6321. ABLE programs
    ``The Secretary shall inform each individual who enrolls in a 
program carried out under the laws administered by the Secretary about 
the existence of qualified ABLE programs (as defined in section 529A of 
the Internal Revenue Code of 1986) and resources for people with 
disabilities, such as the ABLE National Resource Center, the National 
Association of State Treasurers, and ABLE Today, at the time of such 
enrollment.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 63 of such title is amended by adding at 
        the end the following new item:

``6321. ABLE programs.''.
    (c) Department of Housing and Urban Development.--
            (1) Definition.--In this subsection, the term ``covered 
        housing program'' means--
                    (A) the program for supportive housing for persons 
                with disabilities under section 811 of the Cranston-
                Gonzalez National Affordable Housing Act (42 U.S.C. 
                8013); and
                    (B) the tenant-based assistance program under 
                section 8(o) of the United States Housing Act of 1937 
                (42 U.S.C. 1437f(o)).
            (2) Requirement.--The Secretary of Housing and Urban 
        Development shall ensure that when a family or an individual 
        enrolls in a covered housing program or otherwise begins to 
        occupy housing assisted by a covered housing program, the 
        family or individual is informed about--
                    (A) the existence of qualified ABLE programs as 
                defined in section 529A of the Internal Revenue Code of 
                1986; and
                    (B) resources for people with disabilities, such as 
                the ABLE National Resource Center, the National 
                Association of State Treasurers, and ABLE Today.
    (d) Chapter 85 of Title 41, United States Code.--Section 8503(d) of 
title 41, United States Code, is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following:
            ``(3) shall provide regulations providing that, when a 
        qualified nonprofit agency that produces a product or services 
        for the Federal Government under subsection (c) enrolls an 
        individual in a program to produce the product or services, the 
        agency shall inform the individual about--
                    ``(A) the existence of qualified ABLE programs as 
                defined in section 529A of the Internal Revenue Code of 
                1986; and
                    ``(B) resources for people with disabilities, such 
                as the ABLE National Resource Center, the National 
                Association of State Treasurers, and ABLE Today.''.
    (e) State Medicaid and CHIP Agencies.--
            (1) Medicaid.--Section 1902(a) of the Social Security Act 
        (42 U.S.C. 1396a(a)) is amended--
                    (A) in paragraph (86), by striking ``; and'' and 
                inserting a semicolon;
                    (B) in paragraph (87), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by inserting after paragraph (87) the following 
                new paragraph:
            ``(88) provide that the State will inform any individual 
        who enrolls for medical assistance under the State plan (or 
        under a waiver of such plan) about the existence of qualified 
        ABLE programs as defined in section 529A of the Internal 
        Revenue Code of 1986, and resources for people with 
        disabilities, such as the ABLE National Resources Center, the 
        National Association of State Treasurers, and ABLE Today, when 
        they first enroll for such assistance.''.
            (2) CHIP.--Section 2107(e)(1) of the Social Security Act 
        (42 U.S.C. 1397gg(e)(1)) is amended--
                    (A) by redesignating subparagraphs (H) through (U) 
                as subparagraphs (I) through (V), respectively; and
                    (B) by inserting after subparagraph (G) the 
                following new subparagraph:
                    ``(H) Section 1902(a)(88) (relating to the 
                provision of information about ABLE accounts to 
                individuals when they first enroll for medical 
                assistance).''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date that is 180 days after the date 
        of enactment of this Act.
    (f) State TANF Agencies.--
            (1) In general.--Section 408(a) of the Social Security Act 
        (42 U.S.C. 608(a)) is amended by adding at the end the 
        following new paragraph:
            ``(13) State requirement to provide information about able 
        accounts.--Beginning 180 days after the date of enactment of 
        the ABLE Awareness Act, a State to which a grant is made under 
        section 403 shall provide information about the existence of 
        qualified ABLE programs as defined in section 529A of the 
        Internal Revenue Code of 1986, and resources for people with 
        disabilities, such as the ABLE National Resources Center, the 
        National Association of State Treasurers, and ABLE Today, to 
        any family receiving or applying for assistance under such 
        grant.''.
            (2) State plan requirement.--Section 402(a)(1)(B) of the 
        Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by 
        adding at the end the following new clause:
                            ``(vi) The document shall include 
                        information about how the State will provide 
                        information about qualified ABLE programs to 
                        individuals as required under section 
                        408(a)(13).''.
    (g) Nutrition Assistance Programs.--Each State shall inform people 
with disabilities (as defined in section 3 of the Americans with 
Disabilities Act of 1990 (42 U.S.C. 12102)) about the existence of 
qualified ABLE programs (as defined in section 529A of the Internal 
Revenue Code of 1986), and resources for people with disabilities, such 
as the ABLE National Resource Center, the National Association of State 
Treasurers, and ABLE Today, on enrollment in any means-tested nutrition 
assistance program of the Department of Agriculture or the Department 
of Defense, including--
            (1) the supplemental nutrition assistance program 
        established under the Food and Nutrition Act of 2008 (7 U.S.C. 
        2011 et seq.); and
            (2) the special supplemental nutrition program for women, 
        infants, and children established by section 17 of the Child 
        Nutrition Act of 1966 (42 U.S.C. 1786).
    (h) Rehabilitation Act of 1973.--Section 101(a) of the 
Rehabilitation Act of 1973 (29 U.S.C. 721(a)) is amended by adding at 
the end the following:
            ``(27) Information on able programs.--The State plan shall 
        provide that, when an individual with a disability (as defined 
        in section 7(20)(A)) enrolls in a vocational rehabilitation 
        program, the designated State unit shall inform the person 
        about--
                    ``(A) the existence of qualified ABLE programs as 
                defined in section 529A of the Internal Revenue Code of 
                1986; and
                    ``(B) resources for individuals with disabilities, 
                such as the ABLE National Resource Center, the National 
                Association of State Treasurers, and ABLE Today.''.
    (i) Medicare.--Beginning 180 days after the date of enactment of 
this Act, the Secretary of Health and Human Services shall provide the 
information described in subsection (a)(3)(A) to any individual 
entitled to benefits under title XVIII of the Social Security Act (42 
U.S.C. 1395 et seq.) by reason of section 1811(2) of such Act (42 
U.S.C. 1395c(2)) at the time such individual becomes entitled to such 
benefits.

SEC. 5. ABLE AWARENESS GRANTS.

    (a) In General.--The Secretary may award grants to eligible 
entities for the purposes of promoting the availability of ABLE 
programs and their benefits and encouraging the establishment of ABLE 
accounts for eligible individuals.
    (b) Eligible Entity.--For purposes of this section, the term 
``eligible entity'' means--
            (1) any State, or any agency or instrumentality thereof;
            (2) an Indian tribal government or any subdivision thereof; 
        or
            (3) any consortium of entities described in paragraph (1) 
        or (2).
    (c) Awarding Grants.--
            (1) Application.--An eligible entity desiring a grant under 
        this section shall submit to the Secretary an application at 
        such time, in such manner, and containing or accompanied by 
        such information, as the Secretary may reasonably require.
            (2) Data collection and reporting.--The Secretary may not 
        award a grant under this section unless the eligible entity 
        agrees to collect data on the number of ABLE accounts 
        established as a result of activities carried out with the 
        grant funds.
    (d) Use of Funds.--
            (1) In general.--An eligible entity receiving a grant under 
        this section shall use the grant to increase awareness of ABLE 
        accounts and to provide information on how to enroll in such 
        accounts.
            (2) Activities.--An eligible entity may use a grant under 
        this section for--
                    (A) media buys;
                    (B) conferences, meetings, canvassing, and 
                recruitment; and
                    (C) other activities to promote the availability 
                and establishment of ABLE accounts.
    (e) Other Terms.--For purposes of this section:
            (1) ABLE program; able account; eligible individual.--The 
        terms ``ABLE program'', ``ABLE account'', and ``eligible 
        individual'' have the respective meaning given such terms under 
        section 529A of the Internal Revenue Code of 1986.
            (2) Secretary.--The term ``Secretary'' means the Secretary 
        of the Treasury or the Secretary's delegate.
            (3) State.--The term ``State'' includes any territory or 
        possession of the United States.
    (f) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $50,000,000 for each of fiscal 
years 2025 through 2029.
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