[Congressional Record Volume 154, Number 12 (Friday, January 25, 2008)]
[Senate]
[Pages S330-S331]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DODD (for himself and Mr. McCain):
   S. 2559. 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. 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 Persons' Earnings Fairness Act of 
2008. This legislation would restore the 20-year link between the 
earnings limits under Social Security for blind people and senior 
citizens. Restoring this connection would have a tremendous impact on 
the lives of many blind people, helping them become more self-
sufficient and productive members of society and giving them the chance 
to live fuller lives.
   Today there are nearly 1.3 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. 
Unfortunately the unemployment rate among the blind is still at an 
unconscionable 74 percent. The Federal Government should do all within 
its power to facilitate and encourage the blind and visually-impaired 
to enter the workforce. A variety of public and private initiatives 
have been launched over the years to provide the technologies and 
assistance 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. Now the 
challenge goes beyond giving the blind the tools to compete in the 
workforce, now we need to give hem the freedom to do so without fear of 
losing their essential Social Security benefits.
  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 at a far faster rate than for the blind. 
As a result, the earnings limit for blind people has not kept up with 
modern day costs and earnings. So, blind people do not have the 
opportunity to increase their earnings without jeopardizing their 
Social Security benefits. In 2008, that limit was at $18,840. 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 needed social security benefits. Historically, the 
earnings test treatment of seniors and blind people was identical under 
Title II of the Social Security Act. With this legislation, we seek to 
restore that connection and 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 within 
an unreasonably low earnings limit.
  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 allows them to make a contribution to society and to 
their loved ones. Blind individuals face constant hurdles when it comes 
to employment. Parents, 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 leave in place yet another hurdle 
to employment for blind individuals with the Social Security earnings 
test. By allowing those

[[Page S331]]

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 Persons' Earnings Act of 2008 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.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the text of the bill was ordered to be 
placed in the Record, as follows:

                                S. 2559

       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 
     Fairness Act of 2008''.

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

       (a) In General.--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) 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, 2007, and before January 1, 2009, $1,800 
     per month;
       ``(ii) in the case of earnings in the taxable year 
     beginning after December 31, 2008, and before January 1, 
     2010, $2,200 per month;
       ``(iii) in the case of earnings in the taxable year 
     beginning after December 31, 2009, and before January 1, 
     2011, $2,500 per month;
       ``(iv) in the case of earnings in the taxable year 
     beginning after December 31, 2010, and before January 1, 
     2012, $2,850 per month; and
       ``(v) in the case of earnings in a taxable year beginning 
     after December 31, 2011, the exempt amount applicable under 
     section 203(f)(8) to an individual who has attained 
     retirement age (as defined in section 216(l)) before the 
     close of the taxable year involved.''.
       (b) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

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