Seniors Protection Act of 2010 - Directs the Secretary of the Treasury to disburse a $250 payment to recipients of Social Security, SSI (Supplemental Security Income under title XVI of the Social Security Act), railroad retirement benefits, and veterans disability compensation or pension benefits if no cost-of-living adjustment is payable in 2011.
[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 5987 Introduced in House (IH)]
111th CONGRESS
2d Session
H. R. 5987
To ensure that seniors, veterans, and people with disabilities who
receive Social Security and certain other Federal benefits receive a
one-time $250 payment in the event that no cost-of-living adjustment is
payable in 2011.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
July 30, 2010
Mr. Pomeroy (for himself, Ms. Titus, Mr. Klein of Florida, Ms.
Giffords, Ms. Shea-Porter, Mr. Bright, Ms. Sutton, Ms. Kosmas, Mr.
Critz, Mr. Deutch, Mr. Arcuri, Mr. Becerra, Ms. Berkley, Mr. Bishop of
New York, Mr. Boren, Mr. Brady of Pennsylvania, Mrs. Capps, Ms. Castor
of Florida, Ms. Clarke, Mr. Clay, Mr. Costa, Mr. Costello, Mr.
Courtney, Mr. Crowley, Mr. Cummings, Mrs. Dahlkemper, Mr. Davis of
Illinois, Mr. DeFazio, Ms. DeLauro, Mr. Driehaus, Ms. Edwards of
Maryland, Mr. Ellison, Mr. Filner, Ms. Fudge, Mr. Garamendi, Mr. Gordon
of Tennessee, Mr. Grayson, Mr. Grijalva, Mr. Hall of New York, Mr.
Hare, Mr. Hastings of Florida, Mr. Hinchey, Ms. Hirono, Mr. Israel, Mr.
Kagen, Ms. Kaptur, Ms. Kilpatrick of Michigan, Mrs. Kirkpatrick of
Arizona, Mr. Kissell, Mr. Langevin, Mr. Larson of Connecticut, Ms. Lee
of California, Mr. Levin, Mr. Lewis of Georgia, Mr. Loebsack, Mrs.
Lowey, Mr. Lynch, Mrs. Maloney, Ms. Matsui, Mr. McIntyre, Mr. Michaud,
Mr. George Miller of California, Ms. Moore of Wisconsin, Mr. Neal of
Massachusetts, Mr. Oberstar, Mr. Ortiz, Mr. Perriello, Mr. Peters, Mr.
Rahall, Mr. Rangel, Ms. Richardson, Mr. Rodriguez, Mr. Rothman of New
Jersey, Mr. Sablan, Ms. Schakowsky, Mr. Schauer, Ms. Schwartz, Mr.
Scott of Georgia, Mr. Stark, Mr. Towns, Ms. Tsongas, Mr. Walz, Mr.
Wilson of Ohio, Mr. Yarmuth, and Mr. Meek of Florida) introduced the
following bill; which was referred to the Committee on Ways and Means,
and in addition to the Committees on Transportation and Infrastructure
and Veterans' Affairs, for a period to be subsequently determined by
the Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To ensure that seniors, veterans, and people with disabilities who
receive Social Security and certain other Federal benefits receive a
one-time $250 payment in the event that no cost-of-living adjustment is
payable in 2011.
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 ``Seniors Protection Act of 2010''.
SEC. 2. PAYMENT IN LIEU OF A COST-OF-LIVING ADJUSTMENT TO RECIPIENTS OF
SOCIAL SECURITY, SUPPLEMENTAL SECURITY INCOME, RAILROAD
RETIREMENT BENEFITS, AND VETERANS DISABILITY COMPENSATION
OR PENSION BENEFITS.
(a) Authority To Make Payments.--
(1) Eligibility.--
(A) In general.--Subject to paragraph (5)(B), the
Secretary of the Treasury shall disburse a $250 payment
to each individual who, for any month during the 3-
month period ending with the month which ends prior to
the month that includes the date of the enactment of
this Act, is entitled to a benefit payment described in
clause (i), (ii), or (iii) of subparagraph (B) or is
eligible for a SSI cash benefit described in
subparagraph (C). Payments shall be made under this
section only if no increase takes effect with the month
of December 2010 under section 215(i) of the Social
Security Act. In the case of an individual who is
eligible for a payment under this subparagraph by
reason of entitlement to a benefit described in
subparagraph (B)(i), no such payment shall be made to
such individual unless such individual was paid a
benefit described in such subparagraph (B)(i) for any
month in the 12-month period ending with the month
which ends prior to the month that includes the date of
the enactment of this Act.
(B) Benefit payment described.--For purposes of
subparagraph (A):
(i) Title ii benefit.--A benefit payment
described in this clause is a monthly insurance
benefit payable (without regard to sections
202(j)(1) and 223(b) of the Social Security Act
(42 U.S.C. 402(j)(1), 423(b)) under--
(I) section 202(a) of such Act (42
U.S.C. 402(a));
(II) section 202(b) of such Act (42
U.S.C. 402(b));
(III) section 202(c) of such Act
(42 U.S.C. 402(c));
(IV) section 202(d)(1)(B)(ii) of
such Act (42 U.S.C. 402(d)(1)(B)(ii));
(V) section 202(e) of such Act (42
U.S.C. 402(e));
(VI) section 202(f) of such Act (42
U.S.C. 402(f));
(VII) section 202(g) of such Act
(42 U.S.C. 402(g));
(VIII) section 202(h) of such Act
(42 U.S.C. 402(h));
(IX) section 223(a) of such Act (42
U.S.C. 423(a));
(X) section 227 of such Act (42
U.S.C. 427); or
(XI) section 228 of such Act (42
U.S.C. 428).
(ii) Railroad retirement benefit.--A
benefit payment described in this clause is a
monthly annuity or pension payment payable
(without regard to section 5(a)(ii) of the
Railroad Retirement Act of 1974 (45 U.S.C.
231d(a)(ii))) under--
(I) section 2(a)(1) of such Act (45
U.S.C. 231a(a)(1));
(II) section 2(c) of such Act (45
U.S.C. 231a(c));
(III) section 2(d)(1)(i) of such
Act (45 U.S.C. 231a(d)(1)(i));
(IV) section 2(d)(1)(ii) of such
Act (45 U.S.C. 231a(d)(1)(ii));
(V) section 2(d)(1)(iii)(C) of such
Act to an adult disabled child (45
U.S.C. 231a(d)(1)(iii)(C));
(VI) section 2(d)(1)(iv) of such
Act (45 U.S.C. 231a(d)(1)(iv));
(VII) section 2(d)(1)(v) of such
Act (45 U.S.C. 231a(d)(1)(v)); or
(VIII) section 7(b)(2) of such Act
(45 U.S.C. 231f(b)(2)) with respect to
any of the benefit payments described
in clause (i) of this subparagraph.
(iii) Veterans benefit.--A benefit payment
described in this clause is a compensation or
pension payment payable under--
(I) section 1110, 1117, 1121, 1131,
1141, or 1151 of title 38, United
States Code;
(II) section 1310, 1312, 1313,
1315, 1316, or 1318 of title 38, United
States Code;
(III) section 1513, 1521, 1533,
1536, 1537, 1541, 1542, or 1562 of
title 38, United States Code; or
(IV) section 1805, 1815, or 1821 of
title 38, United States Code,
to a veteran, surviving spouse, child, or
parent as described in paragraph (2), (3),
(4)(A)(ii), or (5) of section 101, title 38,
United States Code, who received that benefit
during any month within the 3-month period
ending with the month which ends prior to the
month that includes the date of the enactment
of this Act.
(C) SSI cash benefit described.--A SSI cash benefit
described in this subparagraph is a cash benefit
payable under section 1611 (other than under subsection
(e)(1)(B) of such section) or 1619(a) of the Social
Security Act (42 U.S.C. 1382, 1382h).
(2) Requirement.--A payment shall be made under paragraph
(1) only to individuals who reside in 1 of the 50 States, the
District of Columbia, Puerto Rico, Guam, the United States
Virgin Islands, American Samoa, or the Northern Mariana
Islands, or who are utilizing a foreign or domestic Army Post
Office, Fleet Post Office, or Diplomatic Post Office address.
For purposes of the preceding sentence, the determination of
the individual's residence shall be based on the address of
record, as of the date of certification under subsection (b)
for a payment under this section under a program specified in
paragraph (1).
(3) No double payments.--An individual shall be paid only 1
payment under this section, regardless of whether the
individual is entitled to, or eligible for, more than 1 benefit
or cash payment described in paragraph (1).
(4) Limitation.--A payment under this section shall not be
made (or, in the case of subparagraph (D), shall not be due)--
(A) in the case of an individual entitled to a
benefit specified in paragraph (1)(B)(i) or paragraph
(1)(B)(ii)(VIII) if--
(i) for the most recent month of such
individual's entitlement in the 3-month period
described in paragraph (1); or
(ii) for any month thereafter which is
before the month after the month of the
payment;
such individual's benefit under such paragraph was not
payable by reason of subsection (x) or (y) of section
202 the Social Security Act (42 U.S.C. 402) or section
1129A of such Act (42 U.S.C. 1320a-8a);
(B) in the case of an individual entitled to a
benefit specified in paragraph (1)(B)(iii) if, for the
most recent month of such individual's entitlement in
the 3-month period described in paragraph (1), such
individual's benefit under such paragraph was not
payable, or was reduced, by reason of section 1505,
5313, or 5313B of title 38, United States Code;
(C) in the case of an individual entitled to a
benefit specified in paragraph (1)(C) if--
(i) for such most recent month of such
individual's eligibility in the 3-month period
described in paragraph (1); or
(ii) for any month thereafter which is
before the month after the month of the
payment;
such individual's benefit under such paragraph was not
payable by reason of subsection (e)(1)(A) or (e)(4) of
section 1611 (42 U.S.C. 1382) or section 1129A of such
Act (42 U.S.C. 1320a-8a); or
(D) in the case of any individual whose date of
death occurs--
(i) before the date of the receipt of the
payment; or
(ii) in the case of a direct deposit,
before the date on which such payment is
deposited into such individual's account.
In the case of any individual whose date of death occurs before
a payment is negotiated (in the case of a check) or deposited
(in the case of a direct deposit), such payment shall not be
due and shall not be reissued to the estate of such individual
or to any other person. Subparagraphs (A)(ii) and (C)(ii) shall
apply only in the case of certifications under subsection (b)
which are, or but for this paragraph would be, made after the
date of the enactment of this Act, shall apply to such
certifications without regard to the calendar year of the
payments to which such certifications apply.
(5) Timing and manner of payments.--
(A) In general.--The Secretary of the Treasury
shall commence disbursing payments under this section
at the earliest practicable date in 2011 prior to April
1, 2011. The Secretary of the Treasury may disburse any
payment electronically to an individual in such manner
as if such payment was a benefit payment or cash
benefit to such individual under the applicable program
described in subparagraph (B) or (C) of paragraph (1).
(B) Deadline.--No payments shall be disbursed under
this section after December 31, 2011, regardless of any
determinations of entitlement to, or eligibility for,
such payments made after such date.
(b) Identification of Recipients.--The Commissioner of Social
Security, the Railroad Retirement Board, and the Secretary of Veterans
Affairs shall certify the individuals entitled to receive payments
under this section and provide the Secretary of the Treasury with the
information needed to disburse such payments. A certification of an
individual shall be unaffected by any subsequent determination or
redetermination of the individual's entitlement to, or eligibility for,
a benefit specified in subparagraph (B) or (C) of subsection (a)(1)
(except that such certification shall be affected by a determination
that an individual is an individual described in subparagraph (A), (B),
(C), or (D) of subsection (a)(4) during a period described in such
subparagraphs), and no individual shall be certified to receive a
payment under this section for a calendar year if such individual has
at any time been denied certification for such a payment for such
calendar year by reason of subparagraph (A)(ii) or (C)(ii) of
subsection (a)(4) (unless such individual is subsequently determined
not to have been an individual described in either such subparagraph at
the time of such denial).
(c) Treatment of Payments.--
(1) Payment to be disregarded for purposes of all federal
and federally assisted programs.--A payment under subsection
(a) shall not be regarded as income and shall not be regarded
as a resource for the month of receipt and the following 9
months, for purposes of determining the eligibility of the
recipient (or the recipient's spouse or family) for benefits or
assistance, or the amount or extent of benefits or assistance,
under any Federal program or under any State or local program
financed in whole or in part with Federal funds.
(2) Payment not considered income for purposes of
taxation.--A payment under subsection (a) shall not be
considered as gross income for purposes of the Internal Revenue
Code of 1986.
(3) Payments protected from assignment.--The provisions of
sections 207 and 1631(d)(1) of the Social Security Act (42
U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of
title 38, United States Code, shall apply to any payment made
under subsection (a) as if such payment was a benefit payment
or cash benefit to such individual under the applicable program
described in subparagraph (B) or (C) of subsection (a)(1).
(4) Payments subject to offset.--Notwithstanding paragraph
(3)--
(A) any payment made under this section shall, in
the case of a payment of a direct deposit which is made
after the date of the enactment of this Act, be subject
to the reclamation provisions under subpart B of part
210 of title 31, Code of Federal Regulations (relating
to reclamation of benefit payments); and
(B) any payment made under this section shall not,
for purposes of section 3716 of title 31, United States
Code, be considered a benefit payment or cash benefit
made under the applicable program described in
subparagraph (B) or (C) of subsection (a)(1), and all
amounts paid shall be subject to offset to collect
delinquent debts.
(d) Payment to Representative Payees and Fiduciaries.--
(1) In general.--In any case in which an individual who is
entitled to a payment under subsection (a) and whose benefit
payment or cash benefit described in paragraph (1) of that
subsection is paid to a representative payee or fiduciary, the
payment under subsection (a) shall be made to the individual's
representative payee or fiduciary and the entire payment shall
be used only for the benefit of the individual who is entitled
to the payment.
(2) Applicability.--
(A) Payment on the basis of a title ii or ssi
benefit.--Section 1129(a)(3) of the Social Security Act
(42 U.S.C. 1320a-8(a)(3)) shall apply to any payment
made on the basis of an entitlement to a benefit
specified in paragraph (1)(B)(i) or (1)(C) of
subsection (a) in the same manner as such section
applies to a payment under title II or XVI of such Act.
(B) Payment on the basis of a railroad retirement
benefit.--Section 13 of the Railroad Retirement Act (45
U.S.C. 231l) shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(B)(ii) of subsection (a) in the same
manner as such section applies to a payment under such
Act.
(C) Payment on the basis of a veterans benefit.--
Sections 5502, 6106, and 6108 of title 38, United
States Code, shall apply to any payment made on the
basis of an entitlement to a benefit specified in
paragraph (1)(B)(iii) of subsection (a) in the same
manner as those sections apply to a payment under that
title.
<all>
Introduced in House
Introduced in House
Sponsor introductory remarks on measure. (CR E1530)
Referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to House Ways and Means
Referred to House Transportation and Infrastructure
Referred to House Veterans' Affairs
Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.
Mr. Pomeroy moved to suspend the rules and pass the bill, as amended.
Considered under suspension of the rules. (consideration: CR H8094-8100; text of measure as introduced: CR H8094-8096)
DEBATE - The House proceeded with forty minutes of debate on H.R. 5987.
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At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.
Considered as unfinished business. (consideration: CR H8107-8108)
Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 254 - 153 (Roll no. 611).
Roll Call #611 (House)On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 254 - 153 (Roll no. 611).
Roll Call #611 (House)