[Congressional Record Volume 149, Number 52 (Tuesday, April 1, 2003)]
[Senate]
[Pages S4631-S4633]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. McCAIN (for himself, Mr. Dodd, Mr. Allen, Mr. Breaux, Mr. 
        Warner, Mr. Akaka, Mr. Bennett, Mrs. Lincoln, Ms. Collins, Mr. 
        Hollings, Mr. Chafee, Mr. Fitzgerald, Ms. Landrieu, Mr. 
        Brownback, Mr. Campbell, Mr. Hagel, Mr. Roberts, Mr. Sarbanes, 
        Mr. Smith, and Ms. Snowe):
  S. 750. A bill to amend title II of the Social Security Act to 
increase the level of earnings under which no individual who is blind 
is determined to have demonstrated an ability to engage in substantial 
gainful activity for purposes of determining disability; to the 
Committee on Finance.
  Mr. McCAIN. Mr. President, I rise today to introduce an important 
piece of legislation, which will have a tremendous impact on the lives 
of blind people throughout the country. In 1996, with the passage of 
the Senior Citizens Freedom to Work Act, Congress broke the historic 
20-year link between blind people and senior citizens in regards to the 
Social Security earnings. Previously, that linkage to earnings limits 
helped many blind people become self-sufficient and productive members 
of society.
  The Senior Citizens Freedom to Work Act raised the earnings limit for 
seniors, without giving blind people the same opportunity. My intent 
when I sponsored that legislation was not to break the link between 
blind people and the senior population. Since then, I have worked with 
a bipartisan group of senators, in the spirit of fairness, to ensure 
that the blind population receives a raise in earnings limits, similar 
to that afforded to seniors under the 1996 Act. We must not continue 
policies which discourage blind individuals from working and 
contributing to our nation. I believe we should provide blind people 
with the opportunity to be productive and ``make it'' on their own.
  Today I am joined by my good friend Senator Dodd, and a bipartisan 
group of senators, in introducing the Blind Empowerment Act of 2003. 
This bill is

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similar in purpose to the Blind Person's Earnings Equity Act, which I 
sponsored in previous Congresses. Over a five year period of time, the 
Blind Empowerment Act raises the earnings exemption for blind persons 
to afford them with greater flexibility to achieve their professional 
and personal goals, without sacrificing Social Security benefits.
  The earnings test treatment of our blind and senior populations 
historically has been identical. From 1977, blind persons and senior 
citizens shared the identical earnings exemption threshold under Title 
II of the Social Security Act. The earnings limit for the blind is 
currently $1,330 a month for fiscal year (FY) 2003, had the link not 
been broken in the Senior Citizens Freedom to Work Act, it would be 
$2,560 today. Senior citizens are now given unlimited opportunity to 
increase their earnings without losing a portion of their Social 
Security benefits. The blind, however, have been left behind.
  The Social Security earnings test imposes as great a work 
disincentive for blind people as it once did for senior citizens. In 
fact, the earnings test probably provides a greater aggregate 
disincentive for blind individuals because many blind beneficiaries are 
of working age and are capable of valuable and productive work.
  Blindness is often associated with adverse social and economic 
consequences. Many blind individuals who desperately want to work 
encounter enormous obstacles to achieve sustained employment or any 
employment at all. They take great pride in being able to work and 
contribute to society. By linking the blind with seniors in 1977, 
Congress provided a great deal of hope and an incentive for blind 
people to enter the work force. By not allowing blind individuals the 
opportunity to increase their earnings, as we have for senior citizens, 
we are now taking that hope away from them.
  Blind people are likely to respond favorably to an increase in the 
earnings test by working more, which will increase their tax payments 
and purchasing power allowing the blind to make a greater contribution 
to the general economy. In addition, encouraging blind individuals 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.
  I hope that this Congress will finally address issues regarding the 
overall structure of the Social Security system and work towards 
solutions that will 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 the Blind 
Empowerment Act of 2003, 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 hope for 
the blind and provide them with the freedom, opportunities and fairness 
afforded to our Nation's seniors.
  I ask unanimous consent that the text of the Blind Empowerment Act of 
2003 be printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 750

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       The Act may be cited as the ``Blind Empowerment Act of 
     2003''.

     SEC. 2. INCREASE IN AMOUNT DEMONSTRATING SUBSTANTIAL GAINFUL 
                   ACTIVITY IN THE CASE OF BLIND INDIVIDUALS.

       Section 223(d)(4) of the Social Security Act (42 U.S.C. 
     423(d)(4)) is amended--
       (1) by striking the second sentence of subparagraph (A); 
     and
       (2) by adding at the end the following new subparagraph:
       ``(C)(i) No individual who is blind shall be regarded as 
     having demonstrated an ability to engage in substantial 
     gainful activity on the basis of monthly earnings in any 
     taxable year that do not exceed an amount equal to--
       ``(I) in the case of earnings in the taxable year beginning 
     after December 31, 2002, and before January 1, 2004, $1,330 
     per month;
       ``(II) in the case of earnings in the taxable year 
     beginning after December 31, 2003, and before January 1, 
     2005, $1,720 per month;
       ``(III) in the case of earnings in the taxable year 
     beginning after December 31, 2004, and before January 1, 
     2006, $2,110 per month;
       ``(IV) in the case of earnings in the taxable year 
     beginning after December 31, 2005, and before January 1, 
     2007, $2,500 per month; and
       ``(V) in the case of earnings in taxable years beginning 
     after December 31, 2006, the dollar amount determined for 
     purposes of this clause under clause (ii).
       ``(ii) The Commissioner of Social Security shall, on or 
     before November 1 of 2006 and of every year thereafter, 
     determine and publish in the Federal Register the monthly 
     dollar amount for purposes of clause (i) in the case of 
     taxable years beginning with or during the succeeding 
     calendar year. Such dollar amount shall be the larger of--
       ``(I) the monthly dollar amount in effect under clause (i) 
     for taxable years beginning with or during the calendar year 
     in which the determination under this clause is made, or
       ``(II) the product of $2,500 and the ratio of the national 
     average wage index (as defined in section 209(k)(1)) for the 
     calendar year before the year in which the determination 
     under this clause is made to the national average wage index 
     (as so defined) for 2004,
     with such product, if not a multiple of $10, being rounded to 
     the next higher multiple of $10 where such amount is a 
     multiple of $5 but not of $10 and to the nearest multiple of 
     $10 in any other case.''.

     SEC. 3. EFFECTIVE DATE.

       The amendments made by this Act shall apply with respect to 
     taxable years beginning after December 31, 2002.

  Mr. DODD. Mr. President, I rise today with my colleague from Arizona, 
Senator John McCain, to reintroduce legislation that we've sponsored in 
the past, the ``Blind Empowerment Act of 2003.'' This legislation would 
restore the 20-year link between blind people and senior citizens with 
respect to the Social Security earnings limit. It will have a 
tremendous impact on the lives of many blind people, helping them 
become more self-sufficient and productive members of society.
  Today there are nearly 1.1 million Americans who are blind, with 
75,000 more becoming blind each year. With today's technology, blind 
and visually-impaired individuals can do just about anything. Blind 
people today are employed as farmers, lawyers, secretaries, nurses, 
managers, childcare workers, social workers, teachers, librarians, 
stockbrokers, accountants, and journalists, among many other things. 
The Federal Government should do all within its power to facilitate and 
encourage the blind and visually-impaired to enter the workforce. Many 
public and private initiatives provide the technical advancement 
necessary to educate and employ the blind at the same level as their 
sighted peers. For example, the National Federation of the Blind, NFB, 
has created an institute to utilize technological advancements for the 
blind in an effort to promote employment of the blind throughout the 
nation. The NFB helps employers provide adaptive technology, 
consultation, and training so that they can better accommodate the 
needs of blind and visually-impaired employees.
  In 1996, Congress passed the Senior Citizens Freedom to Work Act, 
which broke the longstanding linkage between the treatment of blind 
people and seniors under Social Security. This allowed the earnings 
limit to be raised for seniors, but not for the blind. As a result, 
blind people do not have the opportunity to increase their earnings 
without jeopardizing their Social Security benefits. In 2002, that 
limit was at $14,800. If a blind individual earns more than that, his 
or her Social Security benefits are not protected.
  The purpose of the Senior Citizens Freedom to Work Act was to allow 
seniors to continue contributing to society as productive workers while 
still receiving social security benefits. Historically, the earnings 
test treatment of seniors and blind people has been identical under 
Title II of the Social Security Act. With this legislation, we must do 
the same for the blind population of America as we have done for the 
seniors. We must provide blind people the same opportunity to be 
productive and contribute to their own stability. We must not 
discourage these individuals from working.
  The current earnings test provides a disincentive for the blind 
population, many of whom are working age and capable of productive 
work. Work provides one of the fundamental ways individuals express 
their talents and allow them to make a contribution to society and to 
their loved ones. Blind individuals face constant hurdles when it comes 
to employment. Parents,

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teachers, or counselors may tell them they can't do it. Employers 
sometimes don't even give them the opportunity to try. But blind people 
and others with severe visual impairments take great pride in being 
able to work, just like the rest of us. They are likely to respond 
favorably to an increase in the earnings test because they want to 
work. We don't want to create yet another hurdle to employment for 
blind individuals with the Social Security earnings test. By allowing 
those with visual impairments to work more without penalty, we would 
increase both their tax contribution and their purchasing power. By 
doing so we would also bring additional funds into the Social Security 
trust fund and the Federal Treasury.
  I urge my colleagues to join me in sponsoring this important 
legislation to restore the fair and equal treatment for the blind 
citizens of America. The ``Blind Empowerment Act of 2003'' will provide 
the blind population with the same freedom and opportunities as our 
Nation's seniors and the rest of the citizens of this nation.
                                 ______