[Congressional Record Volume 147, Number 47 (Tuesday, April 3, 2001)]
[Senate]
[Page S3346]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Dodd, Mr. Johnson, Mr. Warner, 
        Mr. DeWine, Ms. Landrieu, Mr. Edwards, Mr. Breaux, Mr. Helms, 
        Mrs. Murray, Mr. Reid, Mr. Sarbanes, Mr. Wellstone, Mr. 
        Hollings, Mr. Roberts, Mr. Hagel, Mr. Smith, of Oregon, Mr. 
        Cochran, Mr. Reed, Ms. Mikulski, Mr. Schumer, Mr. Thurmond, Ms. 
        Snowe, Mrs. Lincoln, Mr. Fitzgerald, Mr. Shelby, Mr. Cleland, 
        Mr. Brownback, and Mrs. Collins):
  S. 682. A bill to amend title II of the Social Security Act to 
restore the link between the maximum amount of earnings by blind 
individuals permitted without demonstrating ability to engage in 
substantial gainful activity and the exempt amount permitted in 
determining excess earnings under the earnings test; to the Committee 
on Finance.
  Mr. McCAIN. Mr. President, I rise today to introduce an important 
piece of legislation which would have a tremendous impact on the lives 
of many blind people. This bill restores the 20-year link between blind 
people and senior citizens in regards to the Social Security earnings 
limit which has helped many blind people become self-sufficient and 
productive.
  When the Congress passed the Senior Citizens Freedom to Work Act in 
1996, we unfortunately broke the longstanding linkage in the treatment 
of blind people and seniors under Social Security, which resulted in 
allowing the earnings limit to be raised for seniors only and did not 
give blind people the same opportunity to increase their earnings 
without penalizing their Social Security benefits.
  My intent when I sponsored the Senior Citizens Freedom to Work Act 
was not to break the link between blind people and the senior 
population. In 1996, time constraints and fiscal considerations forced 
me to focus solely on raising the unfair and burdensome earnings limit 
for seniors. I am pleased that H.R. 5, the Social Security Earnings 
Test Elimination bill, finally eliminated this unfair tax on earnings 
for seniors 65 to 69 years of age. This law is allowing millions of 
seniors to continue contributing to society as productive workers.
  Now we should work together in the spirit of fairness to ensure that 
this same opportunity is given to the blind population. We should 
provide blind people the opportunity to be productive and ``make it'' 
on their own. We should not continue policies which discourage these 
individuals from working and contributing to society.
  The bill I am introducing today is identical to one I sponsored in 
the last two Congresses. If we do not reinstate the link between the 
blind and the seniors, blind people will be restricted to earning 
$14,800 in the year 2002 in order to protect their Social Security 
benefits.
  There are very strong and convincing arguments in favor of 
reestablishing the link between these two groups and increasing the 
earnings limit for blind people.
  First, the earnings test treatment of our blind and senior 
populations has historically been identical. Since 1977, blind people 
and senior citizens have shared the identical earnings exemption 
threshold under Title II of the Social Security Act.
  Now, senior citizens will be given greater opportunity to increase 
their earnings without losing a portion of their Social Security 
benefits; the blind, however, will not have the same opportunity.
  The Social Security earnings test imposes a work disincentive for 
blind people. In fact, the earnings test probably provides a greater 
aggregate disincentive for blind individuals since many blind 
beneficiaries are of working age, 18-65, and are capable of productive 
work.
  Blindness is often associated with adverse social and economic 
consequences. It is often tremendously difficult for blind individuals 
to find sustained employment or any employment at all, but they do want 
to work. They take great pride in being able to work and becoming 
productive members of society. By linking the blind with seniors in 
1977, Congress provided a great deal of hope and incentive for blind 
people in this country to enter the work force. Now, we are taking that 
hope away from them by not allowing them the same opportunity to 
increase their earnings as senior citizens.
  Blind people are likely to respond favorably to an increase in the 
earnings test by working more, which will increase their tax payments 
and their purchasing power and allow the blind to make a greater 
contribution to the general economy. In addition, encouraging the blind 
to work and allowing them to work more without being penalized would 
bring additional revenue into the Social Security trust funds as well 
as the Federal Treasury. In short, restoring the link between blind 
people and senior citizens for treatment of Social Security benefits 
would help many blind people become self-sufficient, productive members 
of society.
  I am pleased that this Congress will be focusing on the overall 
structure of the Social Security system and working together for 
solutions which would strengthen the system for seniors of today and 
tomorrow without placing an unfair burden on working Americans. It is 
absolutely crucial that we include raising the earnings test for blind 
individuals as a part of any Social Security bill we enact this year.
  I urge each of my colleagues to join me in sponsoring this important 
measure to restore fair and equitable treatment for our blind citizens 
and to give the blind community increased financial independence. Our 
nation would be better served if we restore equality for the blind and 
provide them with the same freedom, opportunities and fairness as our 
nation's seniors.
  I ask unanimous consent that the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 682

       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 ``Blind Persons Earnings 
     Equity Act of 2001''.

     SEC. 2. RESTORATION OF LINK BETWEEN RULES RELATING TO 
                   SUBSTANTIAL GAINFUL ACTIVITY FOR BLIND 
                   INDIVIDUALS AND RULES RELATING TO EXCESS 
                   EARNINGS UNDER THE EARNINGS TEST.

       Section 223(d)(4) of the Social Security Act (42 U.S.C. 
     432(d)(4)) is amended, in the second sentence, by striking 
     ``, if section 102 of the Senior Citizens' Right to Work Act 
     of 1996 had not been enacted''.

     SEC. 3. EFFECTIVE DATE.

       The amendment made by section 2 shall apply to 
     determinations of an ability to engage in substantial gainful 
     activity made on or after the date of enactment of this Act.
                                 ______