I 118THCONGRESS 1 STSESSION H. R. 4583 To protect our Social Security system and improve benefits for current and future generations. IN THE HOUSE OF REPRESENTATIVES JULY12, 2023 Mr. L ARSONof Connecticut (for himself, Mr. NEAL, Mr. JEFFRIES, Ms. C LARKof Massachusetts, Mr. AGUILAR, Mr. CLYBURN, Mr. DOGGETT, Mr. T HOMPSONof California, Mr. BLUMENAUER, Mr. PASCRELL, Mr. D AVISof Illinois, Ms. SA´NCHEZ, Mr. HIGGINSof New York, Ms. SE- WELL, Ms. DELBENE, Ms. CHU, Ms. MOOREof Wisconsin, Mr. KILDEE, Mr. B EYER, Mr. EVANS, Mr. SCHNEIDER, Mr. PANETTA, Ms. DELAURO, Mr. C OURTNEY, Mr. HIMES, Mrs. HAYES, Ms. ADAMS, Mr. A UCHINCLOSS, Ms. BALINT, Ms. BARRAGA´N, Mrs. BEATTY, Mr. BERA, Mr. B ISHOPof Georgia, Ms. BLUNTROCHESTER, Ms. BONAMICI, Mr. B OWMAN, Ms. BROWNLEY, Ms. BUSH, Mr. CARBAJAL, Mr. CA´RDENAS, Mr. C ARSON, Mr. CARTERof Louisiana, Mr. CARTWRIGHT, Mr. CASAR, Mr. C ASE, Mr. CASTEN, Ms. CASTORof Florida, Mr. CASTROof Texas, Mrs. C HERFILUS-MCCORMICK, Ms. CLARKEof New York, Mr. CLEAVER, Mr. C OHEN, Mr. CONNOLLY, Mr. COSTA, Ms. CROCKETT, Mr. CROW, Mr. C UELLAR, Mr. DAVISof North Carolina, Ms. DEANof Pennsylvania, Ms. D EGETTE, Mr. DELUZIO, Mr. DESAULNIER, Mrs. DINGELL, Ms. E SCOBAR, Ms. ESHOO, Mr. ESPAILLAT, Mr. FOSTER, Mrs. FOUSHEE, Ms. L OISFRANKELof Florida, Mr. FROST, Mr. GALLEGO, Mr. G ARAMENDI, Ms. GARCIAof Texas, Mr. ROBERTGARCIAof California, Mr. G ARCI´Aof Illinois, Mr. GOLDMANof New York, Mr. GOMEZ, Mr. V ICENTEGONZALEZof Texas, Mr. GREENof Texas, Mr. GRIJALVA, Mr. H ORSFORD, Ms. HOYLEof Oregon, Mr. HUFFMAN, Mr. IVEY, Mr. JACK- SONof Illinois, Ms. JACKSONLEE, Ms. JAYAPAL, Mr. JOHNSONof Geor- gia, Ms. K APTUR, Mr. KEATING, Ms. KELLYof Illinois, Mr. KHANNA, Mr. K ILMER, Mr. KRISHNAMOORTHI, Ms. KUSTER, Mr. LARSENof Washington, Ms. L EEof California, Ms. LEEof Pennsylvania, Ms. L EGERFERNANDEZ, Mr. LIEU, Ms. LOFGREN, Mr. LYNCH, Mr. MAG- AZINER, Ms. MANNING, Ms. MATSUI, Mrs. MCCLELLAN, Ms. MCCOLLUM, Mr. M CGARVEY, Mr. MCGOVERN, Mr. MEEKS, Mr. MENENDEZ, Ms. M ENG, Mr. MFUME, Mr. MORELLE, Mr. MOSKOWITZ, Mr. MOULTON, Mr. M RVAN, Mr. MULLIN, Mr. NADLER, Mrs. NAPOLITANO, Mr. NEGUSE, Mr. N ORCROSS, Ms. NORTON, Ms. OCASIO-CORTEZ, Ms. OMAR, Mr. PAL- LONE, Mr. PAYNE, Mr. PHILLIPS, Ms. PINGREE, Ms. PLASKETT, Mr. VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6652 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 2 •HR 4583 IH POCAN, Ms. PORTER, Ms. PRESSLEY, Mr. QUIGLEY, Mrs. RAMIREZ, Mr. R ASKIN, Ms. ROSS, Mr. RUIZ, Mr. RUPPERSBERGER, Mr. SABLAN, Ms. S ALINAS, Mr. SARBANES, Ms. SCANLON, Ms. SCHAKOWSKY, Mr. SCHIFF, Mr. D AVIDSCOTTof Georgia, Mr. SCOTTof Virginia, Mr. SHERMAN, Ms. S LOTKIN, Mr. SMITHof Washington, Mr. SORENSEN, Mr. SOTO, Ms. S TEVENS, Ms. STRICKLAND, Mrs. SYKES, Mr. SWALWELL, Mr. TAKANO, Mr. T HANEDAR, Mr. THOMPSONof Mississippi, Ms. TITUS, Ms. TLAIB, Ms. T OKUDA, Mr. TONKO, Mrs. TORRESof California, Mr. TORRESof New York, Mrs. T RAHAN, Mr. TRONE, Ms. UNDERWOOD, Mr. VARGAS, Mr. V EASEY, Ms. VELA´ZQUEZ, Ms. WASSERMANSCHULTZ, Ms. WATERS, Mrs. W ATSONCOLEMAN, Ms. WILD, Ms. WILLIAMSof Georgia, and Ms. W ILSONof Florida) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Education and the Workforce, and Energy and Commerce, for a pe- riod to be subsequently determined by the Speaker, in each case for con- sideration of such provisions as fall within the jurisdiction of the com- mittee concerned A BILL To protect our Social Security system and improve benefits for current and future generations. Be it enacted by the Senate and House of Representa-1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Social Security 2100 4 Act’’. 5 SEC. 2. TABLE OF CONTENTS. 6 The table of contents for this Act is as follows: 7 Sec. 1. Short title. Sec. 2. Table of contents. TITLE I—STRENGTHENING BENEFITS Sec. 101. Across-the-board benefit increase. Sec. 102. More accurate cost-of-living adjustment. Sec. 103. Increasing the minimum benefit for long-term low earners. Sec. 104. Increasing threshold amounts for inclusion of Social Security benefits in income. VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6211 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 3 •HR 4583 IH Sec. 105. Improving benefits for widows and widowers in two-income house- holds. Sec. 106. Increasing benefits for beneficiaries after 15 years of eligibility. Sec. 107. Providing caregiver credits for Social Security. Sec. 108. Eliminating the 5-month waiting period for disability benefits. Sec. 109. Establishing a gradual offset for disability beneficiaries with earn- ings. Sec. 110. Repealing the Government pension offset and windfall elimination provisions. Sec. 111. Extending the child’s benefit for post-secondary school students under age 26. Sec. 112. Increasing access to benefits for children who live with grandparents or other relatives. Sec. 113. Preventing an unintended drop in benefits relating to the application of the National Average Wage Index. Sec. 114. Holding SSI, Medicaid, and CHIP beneficiaries harmless. TITLE II—STRENGTHENING THE TRUST FUND Sec. 201. Determining wages and self-employment income above contribution and benefit base after 2023. Sec. 202. Including earnings over $400,000 in Social Security benefit formula. Sec. 203. Application of Social Security tax to net investment income. Sec. 204. Establishing the Social Security Trust Fund. TITLE III—STRENGTHENING SERVICE DELIVERY Sec. 301. Clarifying the requirement to mail Social Security account state- ments. Sec. 302. Preventing closure of field and hearing offices and resident or rural contact stations. Sec. 303. Ensuring access to professional representation. TITLE I—STRENGTHENING 1 BENEFITS 2 SEC. 101. ACROSS-THE-BOARD BENEFIT INCREASE. 3 (a) I NGENERAL.— 4 (1) I NCREASE IN PRIMARY INSURANCE AMOUNT 5 COMPUTATION FORMULA .—Section 215(a)(1)(A)(i) 6 of the Social Security Act (42 U.S.C. 7 415(a)(1)(A)(i)) is amended by striking ‘‘90 per-8 cent’’ and inserting ‘‘93 percent’’. 9 (b) E FFECTIVEDATE.— 10 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 4 •HR 4583 IH (1) IN GENERAL.—The amendments made by 1 this section shall apply with respect to monthly in-2 surance benefits payable for months in calendar 3 years 2025 through 2034. 4 (2) R ECOMPUTATION OF PRIMARY INSURANCE 5 AMOUNTS.—Notwithstanding section 215(f) of the 6 Social Security Act, the Commissioner of Social Se-7 curity shall recompute primary insurance amounts 8 to the extent necessary— 9 (A) to carry out the amendments made by 10 this section; and 11 (B) to account for the nonapplication of 12 such amendments after calendar year 2034. 13 (c) R ULE OFCONSTRUCTION.—For purposes of ap-14 plying subparagraphs (A) and (B) of section 215(i)(1) of 15 the Social Security Act in any calendar year, nothing in 16 this section or the amendments made by this section shall 17 be considered a general benefit increase under title II of 18 such Act. 19 SEC. 102. MORE ACCURATE COST-OF-LIVING ADJUSTMENT. 20 (a) I NGENERAL.— 21 (1) I N GENERAL.—Section 215(i)(1)(D) of the 22 Social Security Act (42 U.S.C. 415(i)(1)(D)) is 23 amended by striking ‘‘Consumer Price Index’’ and 24 all that follows through ‘‘such index’’ and inserting 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 5 •HR 4583 IH ‘‘Consumer Price Index for Urban Wage Earners 1 and Clerical Workers (CPI–W, as published by the 2 Bureau of Labor Statistics of the Department of 3 Labor) or Consumer Price Index for Elderly Con-4 sumers (CPI–E, as published by such Bureau) 5 (whichever such index results in the higher percent-6 age under this subparagraph) exceeds the same such 7 index’’. 8 (2) C ONFORMING AMENDMENT .—Section 9 215(i)(1)(G) of the Social Security Act (42 U.S.C. 10 415(i)(1)(G)) is amended by inserting ‘‘applicable 11 for purposes of subparagraph (D)’’ after ‘‘Consumer 12 Price Index’’. 13 (b) A PPLICATION TOPRE-1979 LAW.— 14 (1) I N GENERAL.—Section 215(i) of the Social 15 Security Act as in effect in December 1978, and as 16 applied in certain cases under the provisions of such 17 Act as in effect after December 1978, is amended— 18 (A) in paragraph (1)(B), by striking ‘‘Con-19 sumer Price Index’’ and all that follows through 20 ‘‘such index’’ and inserting ‘‘Consumer Price 21 Index for Urban Wage Earners and Clerical 22 Workers (CPI–W, as published by the Bureau 23 of Labor Statistics of the Department of 24 Labor) or Consumer Price Index for Elderly 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 6 •HR 4583 IH Consumers (CPI–E, as published by such Bu-1 reau of such Department) (whichever such 2 index results in the higher per centum under 3 this subparagraph) exceeds, by not less than 3 4 per centum, the same such Index’’; and 5 (B) in paragraph (2)— 6 (i) in subparagraph (A)(ii), by strik-7 ing ‘‘Consumer Price Index for such cost- 8 of-living computation quarter’’ and insert-9 ing ‘‘Consumer Price Index applicable for 10 such year under paragraph (1)(B)’’; and 11 (ii) in subparagraph (C)(i), by strik-12 ing ‘‘Consumer Price Index as published 13 for any month exceeds by 2.5 percent or 14 more the level of such index’’ and inserting 15 ‘‘Consumer Price Index for Urban Wage 16 Earners and Clerical Workers or Consumer 17 Price Index for Elderly Consumers as pub-18 lished for any month exceeds by 2.5 per-19 cent or more the level of such index’’. 20 (2) C ONFORMING CHANGES .—Section 215(i)(4) 21 of the Social Security Act (42 U.S.C. 415(i)(4)) is 22 amended by inserting ‘‘and by section 102 of the So-23 cial Security 2100 Act’’ after ‘‘1986’’. 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 7 •HR 4583 IH (c) NOEFFECT ONADJUSTMENTSUNDEROTHER 1 L AWS.—Section 215(i) of the Social Security Act (42 2 U.S.C. 415(i)) is amended by adding at the end the fol-3 lowing: 4 ‘‘(6) With respect to any provision of law (other than 5 in this title, title VIII, or title XVI) which provides for 6 an adjustment of an amount under such provision of law 7 in the same percentage as a cost-of-living adjustment ap-8 plied to benefit amounts under this title, such provision 9 of law shall be applied and administered as if the percent-10 age of such cost-of-living adjustment applied to benefit 11 amounts under this title were determined without regard 12 to the amendments made by subsections (a) and (b) of 13 section 102 of the Social Security 2100 Act.’’. 14 (d) P UBLICATION OFCONSUMERPRICEINDEX FOR 15 E LDERLYCONSUMERS.—The Bureau of Labor Statistics 16 of the Department of Labor shall prepare and publish an 17 index for each calendar month to be known as the ‘‘Con-18 sumer Price Index for Elderly Consumers’’ that indicates 19 changes over time in expenditures for consumption which 20 are typical for individuals in the United States who have 21 attained age 62. 22 (e) T RANSITIONRULE.—Prior to the publication of 23 the Consumer Price Index for Elderly Consumers (CPI– 24 E) pursuant to subsection (d), the reference to such index 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 8 •HR 4583 IH made in each of the amendments made by subsections (a) 1 and (b) shall be deemed to be a reference to the research 2 price index prepared by the Bureau of Labor Statistics 3 of the Department of Labor known as the Consumer Price 4 Index for Americans 62 years of age and older (R–CPI– 5 E). 6 (f) E FFECTIVEDATE.— 7 (1) I N GENERAL.—The amendments made by 8 this section shall apply only to determinations made 9 with respect to cost-of-living computation quarters 10 (as defined in section 215(i)(1)(B) of the Social Se-11 curity Act (42 U.S.C. 415(i)(1)(B))) ending on Sep-12 tember 30 of calendar years 2024 through 2033. 13 (2) N ONAPPLICATION AFTER 2033.— 14 (A) COLA REDETERMINATIONS .—For pur-15 poses of subparagraph (B) and determinations 16 made with respect to cost-of-living computation 17 quarters (as so defined) ending on September 18 30 of any calendar year after 2033, section 19 215(i) of the Social Security Act shall be ap-20 plied as if the determinations described in para-21 graph (1) had been made without regard to the 22 amendments made by this section. 23 (B) I NCREASES BASED ON COLA DETER -24 MINATIONS.—Notwithstanding section 215(f) of 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 9 •HR 4583 IH the Social Security Act, the Commissioner of 1 Social Security shall, for benefits payable under 2 title II for months after November 2034 and 3 for benefits payable under title XVI for months 4 after December 2034, recompute primary insur-5 ance amounts, dollar amounts adjusted under 6 section 1617, and any other amounts subject to 7 increase on the basis of a determination made 8 with respect to cost-of-living computation quar-9 ters under section 215(i) of the Social Security 10 Act to the extent necessary to apply the rede-11 terminations made under subparagraph (A). 12 SEC. 103. INCREASING THE MINIMUM BENEFIT FOR LONG- 13 TERM LOW EARNERS. 14 (a) I NGENERAL.—Section 215(a)(1) of the Social 15 Security Act (42 U.S.C. 415(a)(1)) is amended— 16 (1) by redesignating subparagraph (D) as sub-17 paragraph (E); and 18 (2) by inserting after subparagraph (C) the fol-19 lowing new subparagraph: 20 ‘‘(D)(i) Effective with respect to the benefits of indi-21 viduals who become eligible for old-age insurance benefits 22 or disability insurance benefits (or die before becoming so 23 eligible) after 2024, no primary insurance amount com-24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 10 •HR 4583 IH puted under subparagraph (A) may be less than the great-1 er of— 2 ‘‘(I) the minimum monthly amount computed 3 under subparagraph (C); or 4 ‘‘(II) in the case of an individual who has more 5 than 10 years of work (as defined in clause (iv)(I)), 6 the alternative minimum amount determined under 7 clause (ii). 8 ‘‘(ii)(I) The alternative minimum amount determined 9 under this clause is the applicable percentage of 1 ⁄12of 10 the annual dollar amount determined under clause (iii) for 11 the year in which the amount is determined. 12 ‘‘(II) For purposes of subclause (I), the applicable 13 percentage is the percentage specified in connection with 14 the number of years of work, as set forth in the following 15 table: 16 ‘‘If the number of years The applicable of work is: percentage is: 11 ...................................................................................... 6.25 percent 12 ...................................................................................... 12.50 percent 13 ...................................................................................... 18.75 percent 14 ...................................................................................... 25.00 percent 15 ...................................................................................... 31.25 percent 16 ...................................................................................... 37.50 percent 17 ...................................................................................... 43.75 percent 18 ...................................................................................... 50.00 percent 19 ...................................................................................... 56.25 percent 20 ...................................................................................... 62.50 percent 21 ...................................................................................... 68.75 percent 22 ...................................................................................... 75.00 percent 23 ...................................................................................... 81.25 percent 24 ...................................................................................... 87.50 percent 25 ...................................................................................... 93.75 percent 26 ...................................................................................... 100.00 percent 27 ...................................................................................... 106.25 percent VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6211 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 11 •HR 4583 IH ‘‘If the number of years The applicable of work is: percentage is: 28 ...................................................................................... 112.50 percent 29 ...................................................................................... 118.75 percent 30 or more ........................................................................ 125.00 percent. ‘‘(iii) The annual dollar amount determined under 1 this clause is— 2 ‘‘(I) for calendar year 2025, the poverty guide-3 line for 2024; and 4 ‘‘(II) for any calendar year after 2025, the an-5 nual dollar amount established for the calendar year 6 preceding such calendar year, or, if larger, the an-7 nual dollar amount for 2025 multiplied by the ratio 8 of— 9 ‘‘(aa) the national average wage index (as 10 defined in section 209(k)(1)) for the second cal-11 endar year preceding the calendar year for 12 which the determination is made, to 13 ‘‘(bb) the national average wage index (as 14 so defined) for 2023. 15 ‘‘(iv) For purposes of this subparagraph— 16 ‘‘(I) the term ‘year of work’ means, with re-17 spect to an individual, a year to which 4 quarters of 18 coverage have been credited based on such individ-19 ual’s wages and self-employment income; and 20 ‘‘(II) the term ‘poverty guideline for 2024’ 21 means the annual poverty guideline for 2024 (as up-22 dated annually in the Federal Register by the De-23 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 12 •HR 4583 IH partment of Health and Human Services under the 1 authority of section 673(2) of the Omnibus Budget 2 Reconciliation Act of 1981) as applicable to a single 3 individual.’’. 4 (b) C ONFORMINGAMENDMENT.—Section 209(k)(1) 5 of such Act (42 U.S.C. 409(k)(1)) is amended by inserting 6 ‘‘215(a)(1)(E),’’ after ‘‘215(a)(1)(D),’’. 7 (c) E FFECTIVEDATE.— 8 (1) I N GENERAL.—The amendments made by 9 this section shall apply with respect to monthly in-10 surance benefits payable for months in calendar 11 years 2025 through 2034. 12 (2) R ECOMPUTATION OF PRIMARY INSURANCE 13 AMOUNTS.—Notwithstanding section 215(f) of the 14 Social Security Act, the Commissioner of Social Se-15 curity shall recompute primary insurance amounts 16 to the extent necessary— 17 (A) to carry out the amendments made by 18 this section; and 19 (B) to account for the nonapplication of 20 such amendments after calendar year 2034. 21 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00012 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 13 •HR 4583 IH SEC. 104. INCREASING THRESHOLD AMOUNTS FOR INCLU-1 SION OF SOCIAL SECURITY BENEFITS IN IN-2 COME. 3 (a) I NGENERAL.—Subsection (a) of section 86 of the 4 Internal Revenue Code of 1986 is amended to read as fol-5 lows: 6 ‘‘(a) I NGENERAL.—Gross income for the taxable 7 year of any taxpayer described in subsection (b) (notwith-8 standing section 207 of the Social Security Act) includes 9 Social Security benefits in an amount equal to the lesser 10 of— 11 ‘‘(1) 85 percent of the Social Security benefits 12 received during the taxable year, or 13 ‘‘(2) one-half of the excess described in sub-14 section (b)(1).’’. 15 (b) B ASEAMOUNT.—Subsection (c) of section 86 of 16 such Code is amended to read as follows: 17 ‘‘(c) B ASEAMOUNT.—For purposes of this section, 18 the term ‘base amount’ means— 19 ‘‘(1) except as otherwise provided in this para-20 graph, $35,000, 21 ‘‘(2) $50,000 in the case of a joint return, and 22 ‘‘(3) zero in the case of a taxpayer who— 23 ‘‘(A) is married as of the close of the tax-24 able year (within the meaning of section 7703) 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 14 •HR 4583 IH but does not file a joint return for such year, 1 and 2 ‘‘(B) does not live apart from his spouse at 3 all times during the taxable year.’’. 4 (c) T RANSFERS TOTRUSTFUNDS.— 5 (1) H OSPITAL INSURANCE TRUST FUND HELD 6 HARMLESS.—Of the total revenue from taxation of 7 social security benefits, there are appropriated to the 8 Federal Hospital Insurance Trust Fund such 9 amounts as would be transferred to such fund under 10 section 121(e) of the Social Security Amendments of 11 1983 (42 U.S.C. 401 note) and section 86 of such 12 Code as such sections were in effect on the day be-13 fore the date of the enactment of this Act, at such 14 times and in such manner as would be provided 15 therein. 16 (2) T RANSFERS TO PAYOR FUNDS .—Of the bal-17 ance of the total revenue from taxation of social se-18 curity benefits remaining after appropriations under 19 paragraph (1) have been made, there are appro-20 priated to each payor fund amounts equivalent to 21 the portion of such balance equal to a fraction— 22 (A) the numerator of which is the amount 23 equivalent to the net revenues received in the 24 Treasury attributable to the application of sec-25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00014 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 15 •HR 4583 IH tions 86 and 871(a)(3) of such Code to pay-1 ments from such payor fund made in taxable 2 years beginning after December 31, 2024, and 3 before January 1, 2035; and 4 (B) the denominator of which is the total 5 revenue from taxation of social security bene-6 fits. 7 (3) T RANSFERS.—The amounts appropriated 8 by paragraph (2) to any payor fund shall be trans-9 ferred from time to time (but not less frequently 10 than quarterly) from the general fund of the Treas-11 ury on the basis of estimates made by the Secretary 12 of the Treasury of the amounts referred to in such 13 paragraph. Any such quarterly payment shall be 14 made on the first day of such quarter and shall take 15 into account social security benefits estimated to be 16 received during such quarter. Proper adjustments 17 shall be made in the amounts subsequently trans-18 ferred to the extent prior estimates were in excess 19 of or less than the amounts required to be trans-20 ferred. 21 (4) D EFINITIONS.—For purposes of this sub-22 section— 23 (A) T OTAL REVENUE FROM TAXATION OF 24 SOCIAL SECURITY BENEFITS .—The term ‘‘total 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 16 •HR 4583 IH revenue from taxation of social security bene-1 fits’’ means the amount equivalent to the net 2 revenues received in the Treasury attributable 3 to the application of sections 86 and 871(a)(3) 4 of the Internal Revenue Code of 1986 to pay-5 ments from any payor fund made in taxable 6 years beginning after December 31, 2024, and 7 before January 1, 2035. 8 (B) P AYOR FUND.—The term ‘‘payor 9 fund’’ means any trust fund or account from 10 which payments of social security benefits are 11 made. 12 (C) S OCIAL SECURITY BENEFITS .—The 13 term ‘‘social security benefits’’ has the meaning 14 given such term by section 86(d)(1) of the In-15 ternal Revenue Code of 1986. 16 (5) C ONFORMING AMENDMENT .—Section 17 121(e) of the Social Security Amendments of 1983 18 (42 U.S.C. 401 note) is repealed. 19 (d) E FFECTIVEDATE.—The amendments made by 20 this section shall apply to taxable years beginning after 21 December 31, 2024, and before January 1, 2035. 22 SEC. 105. IMPROVING BENEFITS FOR WIDOWS AND WID-23 OWERS IN TWO-INCOME HOUSEHOLDS. 24 (a) I NGENERAL.— 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00016 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 17 •HR 4583 IH (1) WIDOWS.—Section 202(e) of the Social Se-1 curity Act (42 U.S.C. 402(e)) is amended— 2 (A) in paragraph (1)— 3 (i) in subparagraph (B), by inserting 4 ‘‘and’’ at the end; 5 (ii) in subparagraph (C)(iii), by strik-6 ing ‘‘and’’ at the end; 7 (iii) by striking subparagraph (D); 8 (iv) by redesignating subparagraphs 9 (E) and (F) as subparagraphs (D) and 10 (E), respectively; and 11 (v) in the flush matter following sub-12 paragraph (E)(ii), as so redesignated, by 13 striking ‘‘becomes entitled to an old-age in-14 surance benefit’’ and all that follows 15 through ‘‘such deceased individual,’’; 16 (B) by striking subparagraph (A) in para-17 graph (2) and inserting the following: 18 ‘‘(2)(A) Except as provided in subsection 19 (k)(5), subsection (q), and subparagraph (D) of this 20 paragraph, such widow’s insurance benefit for each 21 month shall be equal to the greater of— 22 ‘‘(i) the primary insurance amount (as de-23 termined for purposes of this subsection after 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 18 •HR 4583 IH application of subparagraphs (B) and (C)) of 1 such deceased individual, or 2 ‘‘(ii) subject to paragraph (9), in the case 3 of a fully insured widow, 75 percent of the sum 4 of any old-age or disability insurance benefit for 5 which the widow is entitled for such month and 6 the primary insurance amount (as determined 7 for purposes of this subsection after application 8 of subparagraphs (B) and (C)) of such deceased 9 individual.’’; 10 (C) in paragraph (5)— 11 (i) in subparagraph (A), by striking 12 ‘‘paragraph (1)(F)’’ and inserting ‘‘para-13 graph (1)(E)’’; and 14 (ii) in subparagraph (B), by striking 15 ‘‘paragraph (1)(F)(i)’’ and inserting 16 ‘‘paragraph (1)(E)(i)’’; and 17 (D) by adding at the end the following: 18 ‘‘(9) For purposes of paragraph (2)(A)(ii), the 19 amount determined under such paragraph shall not 20 exceed the primary insurance amount for such 21 month of a hypothetical individual— 22 ‘‘(A) who became entitled to old-age insur-23 ance benefits upon attaining early retirement 24 age during the month in which the deceased in-25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 19 •HR 4583 IH dividual referred to in paragraph (1) became 1 entitled to old-age or disability insurance bene-2 fits, or died (before becoming entitled to such 3 benefits), and 4 ‘‘(B) to whom wages and self-employment 5 income were credited in each of such hypo-6 thetical individual’s elapsed years (within the 7 meaning of section 215(b)(2)(B)(iii)) in an 8 amount equal to the national average wage 9 index (as described in section 209(k)(1)) for 10 each such year.’’. 11 (2) W IDOWERS.—Section 202(f) of the Social 12 Security Act (42 U.S.C. 402(f)) is amended— 13 (A) in paragraph (1)— 14 (i) in subparagraph (B), by inserting 15 ‘‘and’’ at the end; 16 (ii) in subparagraph (C)(iii), by strik-17 ing ‘‘and’’ at the end; 18 (iii) by striking subparagraph (D); 19 (iv) by redesignating subparagraphs 20 (E) and (F) as subparagraphs (D) and 21 (E), respectively; and 22 (v) in the flush matter following sub-23 paragraph (E)(ii), as so redesignated, by 24 striking ‘‘or becomes entitled to an old-age 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 20 •HR 4583 IH insurance benefit’’ and all that follows 1 through ‘‘such deceased individual,’’; 2 (B) by striking subparagraph (A) in para-3 graph (2) and inserting the following: 4 ‘‘(2)(A) Except as provided in subsection 5 (k)(5), subsection (q), and subparagraph (D) of this 6 paragraph, such widower’s insurance benefit for 7 each month shall be equal to the greater of— 8 ‘‘(i) the primary insurance amount (as de-9 termined for purposes of this subsection after 10 application of subparagraphs (B) and (C)) of 11 such deceased individual, or 12 ‘‘(ii) subject to paragraph (9), in the case 13 of a fully insured widower, 75 percent of the 14 sum of any old-age or disability insurance ben-15 efit for which the widower is entitled for such 16 month and the primary insurance amount (as 17 determined for purposes of this subsection after 18 application of subparagraphs (B) and (C)) of 19 such deceased individual.’’; 20 (C) in paragraph (5)— 21 (i) in subparagraph (A), by striking 22 ‘‘paragraph (1)(F)’’ and inserting ‘‘para-23 graph (1)(E)’’; and 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 21 •HR 4583 IH (ii) in subparagraph (B), by striking 1 ‘‘paragraph (1)(F)(i)’’ and inserting 2 ‘‘paragraph (1)(E)(i)’’; and 3 (D) by adding at the end the following: 4 ‘‘(9) For purposes of paragraph (2)(A)(ii), the 5 amount determined under such paragraph shall not 6 exceed the primary insurance amount for such 7 month of a hypothetical individual— 8 ‘‘(A) who became entitled to old-age insur-9 ance benefits upon attaining early retirement 10 age during the month in which the deceased in-11 dividual referred to in paragraph (1) became 12 entitled to old-age or disability insurance bene-13 fits, or died (before becoming entitled to such 14 benefits), and 15 ‘‘(B) to whom wages and self-employment 16 income were credited in each of such hypo-17 thetical individual’s elapsed years (within the 18 meaning of section 215(b)(2)(B)(iii)) in an 19 amount equal to the national average wage 20 index (as described in section 209(k)(1)) for 21 each such year.’’. 22 (b) C ONFORMINGAMENDMENT.—Section 209(k)(1) 23 of the Social Security Act (42 U.S.C. 409(k)(1)), as 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00021 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 22 •HR 4583 IH amended by section 103(c), is further amended by insert-1 ing ‘‘202(e)(9), 202(f)(9),’’ after ‘‘sections’’. 2 (c) E FFECTIVEDATE.—The amendments made by 3 this section shall apply with respect to widow’s or wid-4 ower’s insurance benefits payable for months in calendar 5 years 2025 through 2034. 6 SEC. 106. INCREASING BENEFITS FOR BENEFICIARIES 7 AFTER 15 YEARS OF ELIGIBILITY. 8 (a) I NGENERAL.—Section 202 of the Social Security 9 Act (42 U.S.C. 402) is amended by adding at the end the 10 following new subsection: 11 ‘‘(aa) I NCREASE INBENEFITAMOUNTS ONACCOUNT 12 OFLONG-TERMELIGIBILITY.—(1) In the case of an indi-13 vidual who is a qualified beneficiary for a calendar year 14 after 2024, the amount of any monthly insurance benefit 15 of such qualified beneficiary under this section or section 16 223 for any month in such calendar year shall be in-17 creased in accordance with paragraph (3). 18 ‘‘(2)(A) For purposes of this subsection, the term 19 ‘qualified beneficiary’ for a calendar year means an indi-20 vidual in any case in which such calendar year is at least 21 the 16th year beginning after the applicable year of eligi-22 bility for such individual. 23 ‘‘(B) For purposes of this subsection, the applicable 24 year of eligibility for an individual is the year in which 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 23 •HR 4583 IH the individual on whose wages and self-employment in-1 come the monthly insurance benefit is based initially be-2 came eligible (or died before becoming eligible) for old- 3 age insurance benefits under subsection (a) or disability 4 insurance benefits under section 223. 5 ‘‘(3)(A) The increase required under paragraph (1) 6 with respect to the monthly insurance benefit of an indi-7 vidual who is a qualified beneficiary for a calendar year 8 shall be equal to the applicable percentage (specified for 9 such benefit in subparagraph (B)) of the full increase 10 amount for such calendar year (determined under sub-11 paragraph (C)). 12 ‘‘(B) The applicable percentage specified for a 13 monthly insurance benefit under this subparagraph for a 14 calendar year is the percentage specified, in connection 15 with the year described in the following table, as follows: 16 The applicable ‘‘If the year described is: percentage is: the 16th year beginning after the applicable year of eligi- bility .............................................................................. 20 percent the 17th year beginning after the applicable year of eligi- bility .............................................................................. 40 percent the 18th year beginning after the applicable year of eligi- bility .............................................................................. 60 percent the 19th year beginning after the applicable year of eligi- bility .............................................................................. 80 percent the 20th year beginning after the applicable year of eligi- bility or later ................................................................. 100 percent. ‘‘(C)(i) Except as provided in clause (ii), the full in-17 crease amount determined under this subparagraph for a 18 calendar year in connection with the monthly insurance 19 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00023 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 24 •HR 4583 IH benefit of a qualified beneficiary is a dollar amount equal 1 to 5 percent of the primary insurance amount of a puta-2 tive individual if— 3 ‘‘(I) such primary insurance amount were de-4 termined for January of such calendar year; 5 ‘‘(II) on January 1 of the applicable year of eli-6 gibility for the qualified beneficiary, such putative 7 individual were fully insured, attained retirement 8 age (as defined in section 216(l)(2)) and were other-9 wise eligible for, and applied for, old-age insurance 10 benefits; and 11 ‘‘(III) such putative individual’s average in-12 dexed monthly earnings taken into account in deter-13 mining such primary insurance amount were equal 14 to 1 ⁄12of the national average wage index (as de-15 fined in section 209(k)(1)) for the second year prior 16 to such applicable year of eligibility. 17 ‘‘(ii)(I) In the case of a monthly insurance benefit 18 under subsection (b) or (c), the full increase amount deter-19 mined under this subparagraph shall be one-half the 20 amount determined under clause (i). 21 ‘‘(II) in the case of a monthly insurance benefit under 22 subsection (d), (g), or (h), the full increase amount deter-23 mined under this subparagraph shall be the percentage of 24 the amount determined under clause (i) equal to the ratio 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 25 •HR 4583 IH which the amount of such benefit bears to the primary 1 insurance amount (before the application of section 2 203(a)) of the individual on whose wages and self-employ-3 ment income the monthly insurance benefit is based. 4 ‘‘(4) In the case of a qualified beneficiary who is enti-5 tled to two or more monthly insurance benefits under this 6 title for the same month— 7 ‘‘(A) the earliest applicable year of eligibility for 8 such beneficiary with respect to such benefits shall 9 be treated as the applicable year of eligibility for 10 such beneficiary for the purposes of this subsection; 11 and 12 ‘‘(B) such beneficiary shall be entitled to an in-13 crease with respect only to one such benefit. 14 ‘‘(5) This subsection shall be applied to monthly in-15 surance benefits after any increase under subsection (w) 16 and any applicable reductions and deductions under this 17 title.’’. 18 (b) C ONFORMINGAMENDMENTS.— 19 (1) Section 202 of such Act (42 U.S.C. 402) is 20 amended— 21 (A) in the last sentence of subsection (a), 22 by striking ‘‘subsection (q) and subsection (w)’’ 23 and inserting ‘‘subsections (q), (w), and (aa)’’; 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 26 •HR 4583 IH (B) in subsection (b)(2), by striking ‘‘sub-1 sections (k)(5) and (q)’’ and inserting ‘‘sub-2 sections (k)(5), (q), and (aa)’’; 3 (C) in subsection (c)(2), by striking ‘‘sub-4 sections (k)(5) and (q)’’ and inserting ‘‘sub-5 sections (k)(5), (q), and (aa)’’; 6 (D) in subsection (d)(2), by adding at the 7 end the following: ‘‘This paragraph shall apply 8 subject to subsection (aa).’’; 9 (E) in subsection (e)(2)(A), by striking 10 ‘‘subsection (k)(5), subsection (q), and subpara-11 graph (D) of this paragraph’’ and inserting 12 ‘‘subsection (k)(5), subsection (q), subsection 13 (aa), and subparagraph (D) of this paragraph’’; 14 (F) in subsection (f)(2)(A), by striking 15 ‘‘subsection (k)(5), subsection (q), and subpara-16 graph (D) of this paragraph’’ and inserting 17 ‘‘subsection (k)(5), subsection (q), subsection 18 (aa), and subparagraph (D) of this paragraph’’; 19 (G) in subsection (g)(2), by striking 20 ‘‘Such’’ and inserting ‘‘Except as provided in 21 subsections (k)(5) and (aa), such’’; 22 (H) in subsection (h)(2)(A), by inserting 23 ‘‘and subsection (aa)’’ after ‘‘subparagraphs 24 (B) and (C)’’; and 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00026 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 27 •HR 4583 IH (2) Section 223(a)(2) of such Act (42 U.S.C. 1 423(a)(2)) is amended by striking ‘‘section 202(q)’’ 2 and inserting ‘‘sections 202(q) and 202(aa)’’. 3 (3) Section 209(k)(1) of such Act (42 U.S.C. 4 409(k)(1)) is amended by inserting 5 ‘‘202(aa)(3)(C)(i)(II),’’ before ‘‘203(f)(8)(B)(ii)’’. 6 (c) E FFECTIVEDATE.—The amendments made by 7 this section shall apply with respect to monthly insurance 8 benefits payable for months in calendar years 2025 9 through 2034. 10 SEC. 107. PROVIDING CAREGIVER CREDITS FOR SOCIAL SE-11 CURITY. 12 (a) I NGENERAL.—Title II of the Social Security Act 13 is amended by adding after section 234 (42 U.S.C. 434) 14 the following new section: 15 ‘‘ DEEMED WAGES FOR CAREGIVERS OF DEPENDENT 16 RELATIVES 17 ‘‘S EC. 235. (a) DEFINITIONS.—For purposes of this 18 section— 19 ‘‘(1)(A) Subject to subparagraph (B), the term 20 ‘qualifying year’ means, in connection with an indi-21 vidual, any calendar year during which such indi-22 vidual was engaged for not less than 960 hours in 23 providing care to a dependent relative without mone-24 tary compensation. 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00027 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 28 •HR 4583 IH ‘‘(B) The term ‘qualifying year’ does not in-1 clude any year ending after the date on which such 2 individual attains retirement age (as defined in sec-3 tion 216(l)). 4 ‘‘(2) The term ‘dependent relative’ means, in 5 connection with an individual— 6 ‘‘(A) a child, grandchild, niece, or nephew 7 (of such individual or such individual’s spouse 8 or domestic partner), or a child to which the in-9 dividual or the individual’s spouse or domestic 10 partner is standing in loco parentis, who is 11 under the age of 12; or 12 ‘‘(B) a child, grandchild, niece, or nephew 13 (of such individual or such individual’s spouse 14 or domestic partner), a child to which the indi-15 vidual or the individual’s spouse or domestic 16 partner is standing in loco parentis, a parent, 17 grandparent, sibling, aunt, or uncle (of such in-18 dividual or his or her spouse or domestic part-19 ner), or such individual’s spouse or domestic 20 partner, if such child, grandchild, niece, neph-21 ew, parent, grandparent, sibling, aunt, uncle, 22 spouse, or domestic partner is a chronically de-23 pendent individual. 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 29 •HR 4583 IH ‘‘(3)(A) The term ‘chronically dependent indi-1 vidual’ means an individual who— 2 ‘‘(i) is dependent on a daily basis on verbal 3 reminding, physical cueing, supervision, or 4 other assistance provided to the individual by 5 another person in the performance of at least 6 two of the activities of daily living (described in 7 subparagraph (B)) or instrumental activities of 8 daily living (described in subparagraph (C)); 9 and 10 ‘‘(ii) without the assistance described in 11 clause (i), could not perform such activities of 12 daily living or instrumental activities of daily 13 living. 14 ‘‘(B) The ‘activities of daily living’ referred to 15 in subparagraph (A) means basic personal everyday 16 activities, including— 17 ‘‘(i) eating; 18 ‘‘(ii) bathing; 19 ‘‘(iii) dressing; 20 ‘‘(iv) toileting; and 21 ‘‘(v) transferring in and out of a bed or in 22 and out of a chair. 23 ‘‘(C) The ‘instrumental activities of daily living’ 24 referred to in subparagraph (A) means activities re-25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 30 •HR 4583 IH lated to living independently in the community, in-1 cluding— 2 ‘‘(i) meal planning and preparation; 3 ‘‘(ii) managing finances; 4 ‘‘(iii) shopping for food, clothing, or other 5 essential items; 6 ‘‘(iv) performing essential household 7 chores; 8 ‘‘(v) communicating by phone or other 9 form of media; and 10 ‘‘(vi) traveling around and participating in 11 the community. 12 ‘‘(b) D EEMEDWAGES OFCAREGIVER.—(1)(A) For 13 purposes of determining entitlement to and the amount 14 of any monthly benefit for any month after December 15 2024, or entitlement to any lump-sum death payment in 16 the case of a death after such month, payable under this 17 title on the basis of the wages and self-employment income 18 of any individual, including for purposes of determining 19 such individual’s insured status for purposes of sections 20 214, 216(i)(3), and 223(c), such individual shall be 21 deemed to have been paid during each qualifying year (in 22 addition to wages or self-employment income actually paid 23 to or derived by such individual during such year) at an 24 amount per year equal to— 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 31 •HR 4583 IH ‘‘(i) in the case of a qualifying year during 1 which no wages, self-employment income, or earn-2 ings from noncovered service were actually paid to 3 or derived by such individual, 50 percent of the na-4 tional average wage index (as defined in section 5 209(k)(1)) for the second calendar year preceding 6 such calendar year; and 7 ‘‘(ii) in the case of any other qualifying year, 8 the excess of the amount determined under clause (i) 9 over 1 ⁄2of the wages, self-employment income, and 10 earnings from noncovered service actually paid to or 11 derived by such individual during such year. 12 ‘‘(B) In any case in which there are more than 5 13 qualifying years for an individual, the 5 qualifying years 14 taken into account for purposes of this section shall be 15 the 5 qualifying years (whether or not consecutive) which 16 result in the largest monthly benefits payable under this 17 title on the basis of the wages and self-employment income 18 of the individual for months after December 2024. 19 ‘‘(C) For purposes of this paragraph, the term ‘earn-20 ings from noncovered service’ means earnings for service 21 which did not constitute ‘employment’ as defined in sec-22 tion 210 for purposes of this title. 23 ‘‘(2) Paragraph (1) shall not be applicable in the case 24 of any monthly benefit or lump-sum death payment if a 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00031 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 32 •HR 4583 IH larger such benefit or payment, as the case may be, would 1 be payable without its application. 2 ‘‘(3) Any assistance or support services provided to 3 caregivers under section 1720G of title 38, United States 4 Code, shall not be considered wages or self-employment 5 income for the purposes of this section. 6 ‘‘(c) R ULES ANDREGULATIONS.—(1) Not later than 7 1 year after the date of the enactment of this section, the 8 Commissioner of Social Security shall promulgate such 9 regulations as are necessary to carry out this section and 10 to prevent fraud and abuse with respect to the benefits 11 under this section, including regulations establishing pro-12 cedures for the application and certification requirements 13 described in paragraph (2). 14 ‘‘(2) A qualifying year shall not be taken into account 15 under this section with respect to an individual unless— 16 ‘‘(A) the individual submits to the Commis-17 sioner of Social Security an application under this 18 section that includes— 19 ‘‘(i) the name and identifying information 20 of the dependent relative with respect to whom 21 the individual was engaged in providing care 22 during such year; 23 ‘‘(ii) if the dependent relative is not a child 24 under the age of 12, documentation from the 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00032 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 33 •HR 4583 IH physician of the dependent relative explaining 1 why the dependent relative is a chronically de-2 pendent individual; and 3 ‘‘(iii) such other information as the Com-4 missioner may require to verify the status of 5 the dependent relative; and 6 ‘‘(B) for every qualifying year that occurs after 7 the first qualifying year, the individual certifies, in 8 such form and manner as the Commissioner shall re-9 quire, that the information provided in the individ-10 ual’s application under this section has not 11 changed.’’. 12 (b) C ONFORMINGAMENDMENT.—Section 209(k)(1) 13 of such Act (42 U.S.C. 409(k)(1)) is amended— 14 (1) by striking ‘‘and’’ before ‘‘230(b)(2)’’ the 15 first time it appears; and 16 (2) by inserting ‘‘and 235(b)(1)(A)(i),’’ after 17 ‘‘1977),’’. 18 (c) E FFECTIVEDATE.—The amendments made by 19 this section shall apply with respect to individuals who be-20 come eligible for monthly insurance benefits (or die before 21 becoming so eligible) after 2024 and before 2035, except 22 that such amendments shall not apply for purposes of de-23 termining continuing eligibility or monthly benefit 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 34 •HR 4583 IH amounts for monthly insurance benefits for any month 1 after calendar year 2034. 2 SEC. 108. ELIMINATING THE 5-MONTH WAITING PERIOD 3 FOR DISABILITY BENEFITS. 4 (a) I NGENERAL.—Section 223(a) of the Social Secu-5 rity Act (42 U.S.C. 423(a)) is amended— 6 (1) in paragraph (1), in the matter following 7 subparagraph (E), by striking ‘‘(i) for each month’’ 8 and all that follows through ‘‘under such disability,’’ 9 and inserting ‘‘for each month beginning with the 10 first month during all of which the individual is 11 under a disability and in which the individual be-12 comes entitled to such insurance benefits’’; and 13 (2) in paragraph (2)— 14 (A) by striking ‘‘as though he had attained 15 age 62’’ and all that follows through ‘‘and as 16 though’’ and inserting ‘‘as though he had at-17 tained age 62 in the first month for which he 18 becomes entitled to such disability insurance 19 benefits, and as though’’; and 20 (B) by striking ‘‘in or before the first 21 month referred to in subparagraph (A) or (B) 22 of such sentence, as the case may be,’’ and in-23 serting ‘‘in or before such month,’’. 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00034 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 35 •HR 4583 IH (b) DISABLEDSURVIVINGSPOUSES.—Section 202 of 1 the Social Security Act (42 U.S.C. 402) is amended— 2 (1) in subsection (e)— 3 (A) in paragraph (1)— 4 (i) in subparagraph (C)(ii)(III), by 5 striking ‘‘paragraph (8)’’ and inserting 6 ‘‘paragraph (6)’’; and 7 (ii) by striking ‘‘beginning with—’’ 8 and all that follows through ‘‘and ending’’ 9 and inserting ‘‘beginning with the first 10 month in which she becomes so entitled to 11 such insurance benefits and ending’’; and 12 (B) by striking paragraph (5) and redesig-13 nating paragraphs (6) through (8) as para-14 graphs (5) through (7), respectively; 15 (2) in subsection (f)— 16 (A) in paragraph (1)— 17 (i) in subparagraph (C)(ii)(III), by 18 striking ‘‘paragraph (8)’’ and inserting 19 ‘‘paragraph (6)’’; and 20 (ii) by striking ‘‘beginning with—’’ 21 and all that follows through ‘‘and ending’’ 22 and inserting ‘‘beginning with the first 23 month in which he becomes so entitled to 24 such insurance benefits and ending’’; and 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 36 •HR 4583 IH (B) by striking paragraph (5) and redesig-1 nating paragraphs (6) through (8) as para-2 graphs (5) through (7), respectively. 3 (c) E FFECTIVEDATE.—The amendments made by 4 this section shall apply with respect to any individual who 5 becomes entitled to monthly insurance benefits in any case 6 in which the period of disability during which the indi-7 vidual became so entitled begins in a month in calendar 8 years 2025 through 2034. 9 (d) S PECIALRULES FORNONAPPLICATIONBEFORE 10 2025 ANDAFTER2034.— 11 (1) B EFORE 2025.—In the case of any indi-12 vidual who would be in a waiting period (as defined 13 in section 223(c)(2) of the Social Security Act) as 14 of January 2024, the last month of such individual’s 15 waiting period shall be deemed to be December 16 2024. 17 (2) A FTER 2034.—In the case of an individual 18 who would be in a waiting period (as so defined) as 19 of January 2035 but for the amendments made by 20 this section, such individual’s waiting period shall be 21 deemed— 22 (A) to begin with the month of January 23 2035; and 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00036 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 37 •HR 4583 IH (B) to consist of a number of months equal 1 to the difference of 5 minus the number of 2 months in the applicable period of disability of 3 the individual that elapsed during 2034. 4 SEC. 109. ESTABLISHING A GRADUAL OFFSET FOR DIS-5 ABILITY BENEFICIARIES WITH EARNINGS. 6 (a) E LIMINATION OFTERMINATION OF BENEFITS 7 D UE TOWORKACTIVITY.— 8 (1) D ATE OF TERMINATION OF DISABILITY 9 BENEFITS; ELIMINATION OF EXTENDED PERIOD OF 10 ELIGIBILITY.—Section 223(a)(1) of the Social Secu-11 rity Act (42 U.S.C. 423(a)(1)) is amended, in the 12 matter following subparagraph (E), by striking ‘‘the 13 earlier of’’ and all that follows through ‘‘the 36 14 months following such period of trial work in which 15 he engages or is determined able to engage in sub-16 stantial gainful activity’’ and inserting ‘‘the third 17 month following the earliest month after the end of 18 such period of trial work with respect to which such 19 individual is determined to no longer be suffering 20 from a disabling physical or mental impairment’’. 21 (2) D ATE OF TERMINATION OF CHILD ’S BENE-22 FITS.—Section 202(d)(1)(G)(i) of such Act (42 23 U.S.C. 402(d)(1)(G)(i)) is amended by striking ‘‘the 24 earlier of’’ and all that follows through ‘‘substantial 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00037 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 38 •HR 4583 IH gainful activity),’’ and inserting ‘‘the third month 1 following the earliest month after the end of such 2 period of trial work with respect to which such indi-3 vidual is determined to no longer be suffering from 4 a disabling physical or mental impairment,’’. 5 (3) D ATE OF TERMINATION OF WIDOW ’S AND 6 WIDOWER’S BENEFITS.—Subsections (e)(1) and 7 (f)(1) of section 202 of such Act (42 U.S.C. 402) 8 are each amended, in the matter following subpara-9 graph (E), by striking ‘‘the earlier of’’ and all that 10 follows through the end of the paragraph and insert-11 ing ‘‘the third month following the earliest month 12 after the end of such period of trial work with re-13 spect to which such individual is determined to no 14 longer be suffering from a disabling physical or men-15 tal impairment.’’. 16 (4) E LIMINATION OF WORK -RELATED TERMI-17 NATION OF HOSPITAL INSURANCE BENEFITS .—Sec-18 tion 226(b) of such Act (42 U.S.C. 426(b)) is 19 amended, in the matter following paragraph (2), by 20 striking ‘‘For purposes of this subsection’’ and all 21 that follows through the end. 22 (5) C ONFORMING AMENDMENT RELATED TO 23 EXPEDITED REINSTATEMENT .—Section 223 of such 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 39 •HR 4583 IH Act (42 U.S.C. 423) is amended by striking sub-1 section (i). 2 (b) B ENEFITREDUCTIONBASED ONEARNINGSDE-3 RIVEDFROMSERVICES.— 4 (1) I N GENERAL.—Section 223(e) of such Act 5 (42 U.S.C. 423(e)) is amended to read as follows: 6 ‘‘(e)(1) Any benefit otherwise payable to an individual 7 for a month under subsection (d)(1)(B)(ii), (d)(6)(A)(ii), 8 (d)(6)(B), (e)(1)(B)(ii), or (f)(1)(B)(ii) of section 202 or 9 under subsection (a)(1) of this section shall be reduced 10 by $1 for each $2 by which the individual’s earnings de-11 rived from services for such month exceeds the amount 12 specified in paragraph (2) with respect to such month, ex-13 cept that— 14 ‘‘(A) in the case of an individual who has a pe-15 riod of trial work (as defined in section 222(c)), no 16 reduction may be applied to any benefit of such indi-17 vidual under this title for any month prior to the 18 third month after the end of the individual’s period 19 of trial work; and 20 ‘‘(B) such benefit may not be reduced below $0. 21 ‘‘(2) The amount specified in this paragraph with re-22 spect to a month shall be the amount of monthly earnings 23 derived from services established by the Commissioner 24 (under regulations issued pursuant to section 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00039 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 40 •HR 4583 IH 223(d)(4)(A)) to represent substantial gainful activity in 1 the case of a blind individual for such month. 2 ‘‘(3) In the case of a benefit otherwise payable to an 3 individual for a month under section 202 on the basis of 4 the wages and self-employment income of an individual 5 whose benefit is reduced pursuant to paragraph (1), such 6 benefit shall be reduced for such month by the same pro-7 portion as the reduction made pursuant to paragraph 8 (1).’’. 9 (2) C ONFORMING AMENDMENT .—Section 10 223(a)(2) of such Act (42 U.S.C. 423(a)(2)) is 11 amended by striking ‘‘and section 215(b)(2)(A)(ii)’’ 12 and inserting ‘‘, section 215(b)(2)(A)(ii), and sub-13 section (e) of this section’’. 14 (c) T ICKET TOWORKEMPLOYMENTNETWORKS.— 15 Section 1148(h)(5) of such Act (42 U.S.C. 1320b– 16 19(h)(5)) is amended by redesignating subparagraph (C) 17 as subparagraph (D) and inserting: 18 ‘‘(C) The Commissioner may alter require-19 ments to receive a payment under this section 20 to the extent that the Commissioner determines 21 that altering such requirements is necessary to 22 ensure that sufficient employment networks are 23 available and that each beneficiary receiving 24 services under the Program has reasonable ac-25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 41 •HR 4583 IH cess to employment services, vocational rehabili-1 tation services, and other support services.’’. 2 (d) E FFECTIVEDATE.—The amendments made by 3 this section shall apply with respect to months in calendar 4 years 2025 through 2034. 5 SEC. 110. REPEALING THE GOVERNMENT PENSION OFFSET 6 AND WINDFALL ELIMINATION PROVISIONS. 7 (a) R EPEAL OFGOVERNMENT PENSIONOFFSET 8 P ROVISION.— 9 (1) I N GENERAL.—Section 202(k) of the Social 10 Security Act (42 U.S.C. 402(k)) is amended by 11 striking paragraph (5). 12 (2) C ONFORMING AMENDMENTS .— 13 (A) Section 202(b)(2) of the Social Secu-14 rity Act (42 U.S.C. 402(b)(2)) is amended by 15 striking ‘‘subsections (k)(5) and (q)’’ and in-16 serting ‘‘subsection (q)’’. 17 (B) Section 202(c)(2) of such Act (42 18 U.S.C. 402(c)(2)) is amended by striking ‘‘sub-19 sections (k)(5) and (q)’’ and inserting ‘‘sub-20 section (q)’’. 21 (C) Section 202(e)(2)(A) of such Act (42 22 U.S.C. 402(e)(2)(A)) is amended by striking 23 ‘‘subsection (k)(5), subsection (q),’’ and insert-24 ing ‘‘subsection (q)’’. 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00041 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 42 •HR 4583 IH (D) Section 202(f)(2)(A) of such Act (42 1 U.S.C. 402(f)(2)(A)) is amended by striking 2 ‘‘subsection (k)(5), subsection (q)’’ and insert-3 ing ‘‘subsection (q)’’. 4 (b) R EPEAL OFWINDFALLELIMINATIONPROVI-5 SIONS.— 6 (1) I N GENERAL.—Section 215 of the Social 7 Security Act (42 U.S.C. 415) is amended— 8 (A) in subsection (a), by striking para-9 graph (7); 10 (B) in subsection (d), by striking para-11 graph (3); and 12 (C) in subsection (f), by striking para-13 graph (9). 14 (2) C ONFORMING AMENDMENTS .—Subsections 15 (e)(2) and (f)(2) of section 202 of such Act (42 16 U.S.C. 402) are each amended by striking ‘‘section 17 215(f)(5), 215(f)(6), or 215(f)(9)(B)’’ in subpara-18 graphs (C) and (D)(i) and inserting ‘‘paragraph (5) 19 or (6) of section 215(f)’’. 20 (c) E FFECTIVEDATE.— 21 (1) I N GENERAL.—The amendments made by 22 this section shall apply with respect to monthly in-23 surance benefits payable for months in calendar 24 years 2025 through 2034. 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00042 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 43 •HR 4583 IH (2) RECOMPUTATION OF PRIMARY INSURANCE 1 AMOUNTS.—Notwithstanding section 215(f) of the 2 Social Security Act, the Commissioner of Social Se-3 curity shall recompute primary insurance amounts 4 to the extent necessary— 5 (A) to carry out the amendments made by 6 this section; and 7 (B) to account for the nonapplication of 8 such amendments after calendar year 2034 9 such that each individual’s monthly insurance 10 benefit for a month after 2034 shall be equal 11 to the monthly insurance benefit that such indi-12 vidual would have received for such month if 13 the amendments made under this section had 14 not been made. 15 SEC. 111. EXTENDING THE CHILD’S BENEFIT FOR POST- 16 SECONDARY SCHOOL STUDENTS UNDER AGE 17 26. 18 (a) I NGENERAL.—Section 202(d)(1)(B) of the So-19 cial Security Act (42 U.S.C. 402(d)(1)(B)) is amended to 20 read as follows: 21 ‘‘(B) at the time such application was filed 22 was unmarried and— 23 ‘‘(i) had not attained the age of 18, 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00043 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 44 •HR 4583 IH ‘‘(ii) was a full-time elementary or 1 secondary school student and had not at-2 tained the age of 22, 3 ‘‘(iii) was a qualifying post-secondary 4 school student and had not attained the 5 age of 26, or 6 ‘‘(iv) is under a disability (as defined 7 in section 223(d)) which began before he 8 attained the age of 22, and’’. 9 (b) D EFINITION OFQUALIFYINGPOST-SECONDARY 10 S CHOOLSTUDENT.— 11 (1) I N GENERAL.—Section 202(d)(7) of such 12 Act (42 U.S.C. 402(d)(7)) is amended— 13 (A) in subparagraph (A)— 14 (i) by inserting ‘‘and a ‘qualifying 15 post-secondary school student’ is an indi-16 vidual who is in at least half-time attend-17 ance as a student at a post-secondary edu-18 cational institution’’ before ‘‘, as deter-19 mined by the Commissioner’’; 20 (ii) by inserting ‘‘or a ‘qualifying post- 21 secondary school student’’’ before ‘‘if he is 22 paid by his employer’’; 23 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00044 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 45 •HR 4583 IH (iii) by inserting ‘‘or a post-secondary 1 educational institution, as applicable,’’ be-2 fore ‘‘at the request’’; 3 (iv) by inserting ‘‘or a ‘qualifying 4 post-secondary school student’’’ before 5 ‘‘for the purpose of this section’’; and 6 (v) by inserting ‘‘or a qualifying post- 7 secondary school student’’ before ‘‘shall be 8 deemed’’; and 9 (B) in subparagraph (B)— 10 (i) by inserting ‘‘or a qualifying post- 11 secondary school student’’ before ‘‘during 12 any period’’; 13 (ii) by inserting ‘‘or, in the case of a 14 qualifying post-secondary school student, 15 any period of nonattendance at a post-sec-16 ondary educational institution at which the 17 individual has been in at least half-time at-18 tendance’’ after ‘‘full-time attendance’’; 19 and 20 (iii) inserting ‘‘or, in the case of a 21 qualifying post-secondary school student, 22 in at least half-time attendance at a post- 23 secondary educational institution’’ before 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00045 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 46 •HR 4583 IH ‘‘immediately following such period’’ each 1 place it appears. 2 (2) T RANSITION FROM ELEMENTARY OR SEC -3 ONDARY SCHOOL.—Section 202(d)(7)(B) of such Act 4 (42 U.S.C. 402(d)(7)(B)) is amended by adding at 5 the end the following sentence: ‘‘An individual who 6 has been in full-time attendance at an elementary or 7 secondary school shall, during a succeeding period of 8 nonattendance at such school, be deemed to be a 9 qualifying post-secondary school student if (i) such 10 period is 4 calendar months or less, and (ii) the indi-11 vidual shows to the satisfaction of the Commissioner 12 that he intends to be in at least half-time attendance 13 at a post-secondary educational institution imme-14 diately following such period.’’. 15 (c) D EFINITION OFPOST-SECONDARYEDUCATIONAL 16 I NSTITUTION.—Section 202(d)(7)(C) of such Act (42 17 U.S.C. 402(d)(7)(C)) is amended by adding at the end the 18 following: 19 ‘‘(iii) A ‘post-secondary educational 20 institution’ is an institution described in 21 section 102 of the Higher Education Act 22 of 1965 (20 U.S.C. 1002).’’. 23 (d) C ONFORMINGAMENDMENTS.— 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00046 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 47 •HR 4583 IH (1) Section 202(d)(1)(E) of such Act (42 1 U.S.C. 402(d)(1)(E)) is amended by inserting ‘‘or a 2 qualifying post-secondary school student’’ after ‘‘stu-3 dent’’. 4 (2) Section 202(d)(1)(F) of such Act (42 5 U.S.C. 402(d)(1)(F)) is amended by striking ‘‘the 6 earlier of—’’ and all that follows through ‘‘the age 7 of 19,’’ and inserting the following: ‘‘the earlier of— 8 ‘‘(i) the first month during no part of 9 which the child is a full-time elementary or 10 secondary school student or a qualifying 11 post-secondary school student, 12 ‘‘(ii) the month in which the child at-13 tains the age of 22, but only if the child 14 is not a qualifying post-secondary school 15 student during any part of such month, or 16 ‘‘(iii) the month in which the child at-17 tains the age of 26,’’. 18 (3) Section 202(d)(1)(G) of such Act (42 19 U.S.C. 402(d)(1)(G)) is amended by striking ‘‘(if 20 later)’’ and all that follows through the ‘‘the age of 21 19,’’ and inserting the following: ‘‘(if later) the ear-22 lier of— 23 ‘‘(i) the first month during no part of 24 which the child is a full-time elementary or 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00047 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 48 •HR 4583 IH secondary school student or a qualifying 1 post-secondary school student, 2 ‘‘(ii) the month in which the child at-3 tains the age of 22, but only if the child 4 is not a qualifying post-secondary school 5 student during any part of such month, or 6 ‘‘(iii) the month in which the child at-7 tains the age of 26,’’. 8 (4) Section 202(d)(6)(A) of such Act (42 9 U.S.C. 402(d)(6)(A)) is amended to read as follows: 10 ‘‘(A)(i) is a full-time elementary or sec-11 ondary school student and has not attained the 12 age of 22, 13 ‘‘(ii) is a qualifying post-secondary school 14 student and has not attained the age of 26, or 15 ‘‘(iii) is under a disability (as defined in 16 section 223(d)) and has not attained the age of 17 22, or’’. 18 (5) Section 202(d)(6)(D) of such Act (42 19 U.S.C. 402(d)(6)(D)) is amended to read as follows: 20 ‘‘(D) the earlier of— 21 ‘‘(i) the first month during no part of 22 which the child is a full-time elementary or 23 secondary school student or a qualifying 24 post-secondary school student, 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00048 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 49 •HR 4583 IH ‘‘(ii) the month in which the child at-1 tains the age of 22, but only if the child 2 is not a qualifying post-secondary school 3 student during any part of such month, or 4 ‘‘(iii) the month in which the child at-5 tains the age of 26, 6 but only if he is not under a disability (as so 7 defined) in such earlier month; or’’. 8 (6) Section 202(d)(6)(E) of such Act (42 9 U.S.C. 402(d)(6)(E)) is amended by striking ‘‘(if 10 later)’’ and all that follows to the end and inserting 11 the following: ‘‘(if later) the earlier of— 12 ‘‘(i) the first month during no part of 13 which the child is a full-time elementary or 14 secondary school student or a qualifying 15 post-secondary school student, 16 ‘‘(ii) the month in which the child at-17 tains the age of 22, but only if the child 18 is not a qualifying post-secondary school 19 student during any part of such month, or 20 ‘‘(iii) the month in which the child at-21 tains the age of 26.’’. 22 (7) Section 202(d)(7)(D) of such Act (42 23 U.S.C. 402(d)(7)(D)) is amended— 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00049 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 50 •HR 4583 IH (A) by striking ‘‘A child who’’ and insert-1 ing ‘‘(i) A child who’’; 2 (B) by striking ‘‘age 19’’ and inserting 3 ‘‘age 22’’; 4 (C) by striking ‘‘clause (i) of paragraph 5 (1)(B)’’ and inserting ‘‘clause (ii) of paragraph 6 (1)(B)’’; and 7 (D) by adding at the end the following: 8 ‘‘(ii) A child who attains age 26 at a time 9 when he is a qualifying post-secondary school 10 student (as defined in subparagraph (A) of this 11 paragraph and without application of subpara-12 graph (B) of such paragraph) but has not (at 13 such time) completed the requirements for, or 14 received, a diploma or equivalent certificate 15 from a post-secondary educational institution 16 (as defined in subparagraph (C)(iii)) shall be 17 deemed (for purposes of determining whether 18 his entitlement to benefits under this subsection 19 has terminated under paragraph (1)(F) and for 20 purposes of determining his initial entitlement 21 to such benefits under clause (iii) of paragraph 22 (1)(B)) not to have attained such age until the 23 first day of the first month following the end of 24 the quarter or semester in which he is enrolled 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00050 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 51 •HR 4583 IH at such time (or, if the post-secondary edu-1 cational institution (as so defined) in which he 2 is enrolled is not operated on a quarter or se-3 mester system, until the first day of the first 4 month following the completion of the course in 5 which he is so enrolled or until the first day of 6 the third month beginning after such time, 7 whichever first occurs).’’. 8 (e) E FFECTIVEDATE.—The amendments made by 9 this section shall apply with respect to child’s insurance 10 benefits payable for months in calendar years 2025 11 through 2034, including for individuals who file applica-12 tions for such benefits to begin with any such month, ex-13 cept that such amendments shall not apply for purposes 14 of determining continuing eligibility for child’s insurance 15 benefits for any month after calendar year 2034. 16 SEC. 112. INCREASING ACCESS TO BENEFITS FOR CHIL-17 DREN WHO LIVE WITH GRANDPARENTS OR 18 OTHER RELATIVES. 19 (a) I NGENERAL.—Title II of the Social Security Act 20 (42 U.S.C. 401 et seq.) is amended— 21 (1) in section 202(d)— 22 (A) in paragraph (1)(C), by inserting ‘‘ex-23 cept as provided in paragraph (9),’’ before ‘‘was 24 dependent’’; and 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00051 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 52 •HR 4583 IH (B) by amending paragraph (9) to read as 1 follows: 2 ‘‘(9)(A) In the case of a child who is the child of an 3 individual under clause (3) of the first sentence of section 4 216(e) and is not a child of such individual under clause 5 (1) or (2) of such first sentence, the criteria specified in 6 subparagraph (B) shall apply instead of the criteria speci-7 fied in subparagraph (C) of paragraph (1). 8 ‘‘(B) The criteria of this subparagraph are that— 9 ‘‘(i) the child has been living with such indi-10 vidual in the United States for a period of not less 11 than 12 months; 12 ‘‘(ii) the child has been receiving not less than 13 1 ⁄2of the child’s support from such individual for a 14 period of not less than 12 months; and 15 ‘‘(iii) the period during which the child was liv-16 ing with such individual began before the child at-17 tained age 18. 18 ‘‘(C) In the case of a child who is less than 12 months 19 old, such child shall be deemed to meet the requirements 20 of subparagraph (B) if, on the date the child attains 1 21 year of age, such child has lived with such individual in 22 the United States and received at least 1 ⁄2of the child’s 23 support from such individual for substantially all of the 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00052 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 53 •HR 4583 IH period which began on the date of such child’s birth.’’; 1 and 2 (2) in section 216(e), in the first sentence— 3 (A) by striking ‘‘grandchild or 4 stepgrandchild of an individual or his spouse’’ 5 and inserting ‘‘grandchild, stepgrandchild, or 6 other first-degree, second-degree, third-degree, 7 fourth-degree, or fifth-degree relative of an indi-8 vidual or the individual’s spouse’’; 9 (B) by striking ‘‘was no natural or adop-10 tive parent’’ and inserting ‘‘is no living natural 11 or adoptive parent’’; 12 (C) by striking ‘‘was under a disability’’ 13 and inserting ‘‘is under a disability’’; 14 (D) by striking ‘‘living at the time’’ and all 15 that follows through ‘‘, or (B)’’ and inserting ‘‘, 16 (B)’’; and 17 (E) by inserting ‘‘, or (C) a court of com-18 petent jurisdiction has issued an order granting 19 custody of such person to the individual or the 20 individual’s spouse’’ before the first period. 21 (b) C ONFORMINGAMENDMENTS.—Section 202(d)(1) 22 of the Social Security Act (42 U.S.C. 402(d)(1)) is amend-23 ed— 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00053 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 54 •HR 4583 IH (1) by striking ‘‘subparagraphs (A), (B), and 1 (C)’’ and inserting ‘‘subparagraphs (A) and (B) and 2 subparagraph (C) or paragraph (9) (as applicable)’’; 3 and 4 (2) by striking ‘‘subparagraphs (B) and (C)’’ 5 and inserting ‘‘subparagraph (B) and subparagraph 6 (C) or paragraph (9) (as applicable)’’. 7 (c) E FFECTIVEDATE.—The amendments made by 8 this section shall apply with respect to monthly insurance 9 benefits payable for months in calendar years 2025 10 through 2034, including for individuals who file applica-11 tions for such benefits to begin with any such month, ex-12 cept that such amendments shall not apply for purposes 13 of determining continuing eligibility for monthly insurance 14 benefits for any month after calendar year 2034. 15 SEC. 113. PREVENTING AN UNINTENDED DROP IN BENE-16 FITS RELATING TO THE APPLICATION OF 17 THE NATIONAL AVERAGE WAGE INDEX. 18 (a) M ODIFICATIONSRELATED TOCOMPUTATION OF 19 P RIMARYINSURANCEAMOUNT.—Section 215 of the So-20 cial Security Act (42 U.S.C. 415) is amended— 21 (1) in subsection (a)(1)(B)(ii)— 22 (A) in subclause (I)— 23 (i) by striking ‘‘the national’’ and in-24 serting ‘‘(aa) the national’’; and 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00054 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 55 •HR 4583 IH (ii) by striking ‘‘, by’’ at the end and 1 inserting ‘‘; or’’; and 2 (B) by adding at the end of subclause (I) 3 the following: 4 ‘‘(bb) if higher (and if such second 5 calendar year is after 2024), the highest 6 national average wage index (as so de-7 fined) for any calendar year before such 8 second calendar year, by’’; and 9 (2) in subsection (b)(3)(A)(ii)— 10 (A) in subclause (I)— 11 (i) by striking ‘‘the national’’ and in-12 serting ‘‘(aa) the national’’; and 13 (ii) by striking ‘‘, by’’ at the end and 14 inserting ‘‘; or’’; and 15 (B) by adding at the end of subclause (I) 16 the following: 17 ‘‘(bb) if higher (and if such second 18 calendar year is after 2024), the highest 19 national average wage index (as so de-20 fined) for any calendar year before such 21 second calendar year, by’’. 22 (b) M ODIFICATIONRELATED TO REDUCTION OF 23 B ENEFITS BASED ON DISABILITY.—Section 24 224(f)(2)(B)(i) of such Act (42 U.S.C. 424(f)(2)(B)(i)) is 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00055 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 56 •HR 4583 IH amended by inserting ‘‘(or if higher (and if such calendar 1 year is after 2024), the highest national average wage 2 index (as so defined) for any calendar year before such 3 calendar year)’’ after ‘‘made’’. 4 SEC. 114. HOLDING SSI, MEDICAID, AND CHIP BENE-5 FICIARIES HARMLESS. 6 (a) SSI, M EDICAID, ANDCHIP DETERMINATIONS.— 7 For purposes of determining the income of an individual 8 to establish eligibility for, and the amount of, benefits pay-9 able under title XVI of the Social Security Act, eligibility 10 for medical assistance under the State plan under title 11 XIX (or a waiver of such plan), or eligibility for child 12 health assistance under the State child health plan under 13 title XXI (or a waiver of the plan), the amount of any 14 benefit to which the individual is entitled under title II 15 of such Act shall be deemed not to exceed the amount of 16 the benefit that would have been determined for such indi-17 vidual under such title if the amendments made by title 18 I of this Act had not been made. 19 (b) C ONFORMINGCHANGEREGARDINGCERTAINRE-20 ENTITLEMENTS.—For purposes of determining the pri-21 mary insurance amount under section 215(a)(2)(C) for 22 months after December 2034, the amount of any primary 23 insurance benefit to which the individual was entitled for 24 months in calendar years 2025 through 2034 under title 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00056 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 57 •HR 4583 IH II of the Social Security Act shall be deemed to not exceed 1 the primary insurance amounts that would have been de-2 termined for such months without regard to the amend-3 ments made by this Act. 4 TITLE II—STRENGTHENING THE 5 TRUST FUND 6 SEC. 201. DETERMINING WAGES AND SELF-EMPLOYMENT 7 INCOME ABOVE CONTRIBUTION AND BEN-8 EFIT BASE AFTER 2024. 9 (a) D ETERMINATION OF WAGESABOVECONTRIBU-10 TION ANDBENEFITBASEAFTER2024.— 11 (1) A MENDMENTS TO THE INTERNAL REVENUE 12 CODE OF 1986.— 13 (A) R EPEAL OF PRESENT LAW LIMITA -14 TION.—Section 3121(a) of the Internal Revenue 15 Code of 1986 is amended by striking paragraph 16 (1). 17 (B) L IMITATION ON AMOUNT OF WAGES .— 18 Section 3121 of the Internal Revenue Code of 19 1986 is amended by adding at the end the fol-20 lowing: 21 ‘‘(aa) L IMITATION ONAMOUNT OFWAGES.— 22 ‘‘(1) I N GENERAL.—In the case of any calendar 23 year in which the contribution and benefit base (as 24 determined under section 230 of the Social Security 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00057 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 58 •HR 4583 IH Act) is less than $400,000, for purposes of the taxes 1 imposed by sections 3101(a) and 3111(a), the term 2 ‘wages’ does not include that part of the remunera-3 tion which, after remuneration equal to such con-4 tribution and benefit base with respect to employ-5 ment has been paid to an individual by an employer 6 during the calendar year with respect to which such 7 contribution and benefit base is effective, is paid to 8 such individual by such employer during the cal-9 endar year. The preceding sentence shall not apply 10 to that part of the remuneration paid to an indi-11 vidual after remuneration of $400,000 with respect 12 to employment has been paid to such individual by 13 an employer (or any person related to, or acting on 14 behalf of, such employer, as determined by the Sec-15 retary) during the calendar year. 16 ‘‘(2) S UCCESSOR EMPLOYER .—If an employer 17 (hereinafter referred to as successor employer) dur-18 ing any calendar year, acquires substantially all the 19 property used in a trade or business of another em-20 ployer (hereinafter referred to as a predecessor), or 21 used in a separate unit of a trade or business of a 22 predecessor, and immediately after the acquisition 23 employs in his trade or business an individual who 24 immediately prior to the acquisition was employed in 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00058 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 59 •HR 4583 IH the trade or business of such predecessor, then, for 1 the purpose of determining whether the successor 2 employer has paid remuneration with respect to em-3 ployment equal to the contribution and benefit base 4 (as determined under section 230 of the Social Secu-5 rity Act) to such individual during such calendar 6 year, any remuneration with respect to employment 7 paid (or considered under this paragraph as having 8 been paid) to such individual by such predecessor 9 during such calendar year and prior to such acquisi-10 tion shall be considered as having been paid by such 11 successor employer. 12 ‘‘(3) R EMUNERATION.—For purposes of this 13 subsection, the term ‘remuneration’ does not include 14 remuneration referred to in any paragraph of sub-15 section (a).’’. 16 (C) A PPLICATION TO RAILROAD RETIRE -17 MENT.— 18 (i) I N GENERAL .—Section 19 3231(e)(2)(A) of the Internal Revenue 20 Code of 1986 is amended by adding at the 21 end the following new clause: 22 ‘‘(iv) L IMITATION ON EXCLUSION .— 23 For purposes of so much of the taxes im-24 posed by sections 3201(a), 3211(a) and 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00059 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 60 •HR 4583 IH 3221(a) as are determined by reference to 1 the rate in effect under section 3101(a) or 2 3111(a)— 3 ‘‘(I) in the case of any calendar 4 year in which the contribution and 5 benefit base (as determined under sec-6 tion 230 of the Social Security Act) is 7 less than $400,000, clause (i) shall 8 not apply to that part of the remu-9 neration paid to an individual after 10 remuneration of $400,000 for services 11 rendered as an employee has been 12 paid to such individual by an em-13 ployer (or any person related to, or 14 acting on behalf of, such employer, as 15 determined by the Secretary) during 16 the calendar year, and 17 ‘‘(II) in the case of any calendar 18 year in which such contribution and 19 benefit base equals or exceeds 20 $400,000, clause (i) shall not apply.’’. 21 (ii) E XCLUSION OF REMUNERATION 22 WHICH IS NOT TREATED AS COMPENSA -23 TION.—Section 3231(e)(2)(A)(ii) of the In-24 ternal Revenue Code of 1986 is amended 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00060 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 61 •HR 4583 IH by inserting ‘‘or (iv)’’ after ‘‘under clause 1 (i)’’. 2 (D) C ONFORMING AMENDMENT .—Section 3 3231(e)(2)(C) of the Internal Revenue Code of 4 1986 is amended by striking ‘‘the second sen-5 tence of section 3121(a)(1)’’ and inserting ‘‘sec-6 tion 3121(aa)(2)’’. 7 (2) A MENDMENT TO THE SOCIAL SECURITY 8 ACT.—Section 209(a)(1)(I) of the Social Security 9 Act (42 U.S.C. 409(a)(1)(I)) is amended by insert-10 ing before the semicolon at the end the following: 11 ‘‘except that this subparagraph shall apply only to 12 calendar years for which the contribution and ben-13 efit base (as so determined) is less than $400,000, 14 and, for such calendar years, only to the extent that 15 remuneration with respect to employment paid to 16 such employee does not exceed $400,000’’. 17 (b) D ETERMINATION OF SELF-EMPLOYMENT IN-18 COMEABOVECONTRIBUTION AND BENEFITBASEAFTER 19 2024.— 20 (1) A MENDMENTS TO INTERNAL REVENUE 21 CODE OF 1986.— 22 (A) I N GENERAL.—Section 1402(b) of the 23 Internal Revenue Code of 1986 is amended to 24 read as follows: 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00061 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 62 •HR 4583 IH ‘‘(b) SELF-EMPLOYMENTINCOME.— 1 ‘‘(1) I N GENERAL.—The term ‘self-employment 2 income’ means the net earnings from self-employ-3 ment derived by an individual, except that such term 4 shall not include net earnings from self-employment 5 if such net earnings for the taxable year are less 6 than $400. 7 ‘‘(2) L IMITATION ON OASDI TAX.—For purposes 8 of section 1401(a), the term ‘self-employment in-9 come’ shall not exceed the sum of— 10 ‘‘(A) the total compensation not in excess 11 of the contribution and benefit base (as deter-12 mined under section 230 of the Social Security 13 Act) which is effective for the calendar year in 14 which such taxable year begins, reduced by the 15 amount of wages not in excess of such base 16 paid to such individual during the taxable year, 17 plus 18 ‘‘(B) the total compensation in excess of 19 the greater of— 20 ‘‘(i) $400,000, or 21 ‘‘(ii) the amount of wages paid to 22 such individual during the taxable year. 23 ‘‘(3) D EFINITION AND SPECIAL RULES .— 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00062 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 63 •HR 4583 IH ‘‘(A) TOTAL COMPENSATION .—For pur-1 poses of paragraph (2), the term ‘total com-2 pensation’ means the sum of the net earnings 3 from self-employment and the amount of wages 4 paid to such individual during the taxable year. 5 ‘‘(B) W AGES.—For purposes of this sub-6 section, the term ‘wages’— 7 ‘‘(i) shall be determined without re-8 gard to section 3121(aa); and 9 ‘‘(ii) includes— 10 ‘‘(I) such remuneration paid to 11 an employee for services included 12 under an agreement entered into pur-13 suant to the provisions of section 14 3121(l) (relating to coverage of citi-15 zens of the United States who are em-16 ployees of foreign affiliates of Amer-17 ican employers) as would be wages 18 under section 3121(a) if such services 19 constituted employment under section 20 3121(b), and 21 ‘‘(II) compensation which is sub-22 ject to the tax imposed by section 23 3201 or 3211 (or would be so subject 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00063 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 64 •HR 4583 IH but for paragraph (2) of section 1 3231(e)). 2 ‘‘(C) N ONRESIDENT ALIENS .—A non-3 resident alien individual shall not be treated as 4 an individual for purposes of paragraph (1), ex-5 cept as provided by an agreement under section 6 233 of the Social Security Act. An individual 7 who is not a citizen of the United States but 8 who is a resident of the Commonwealth of 9 Puerto Rico, the Virgin Islands, Guam, or 10 American Samoa shall not, for purposes of this 11 chapter, be considered to be a nonresident alien 12 individual. 13 ‘‘(D) C HURCH EMPLOYEE .—In the case of 14 church employee income, the special rules of 15 subsection (j)(2) shall apply for purposes of 16 paragraph (1).’’. 17 (B) C ONFORMING AMENDMENTS .— 18 (i) Section 1402(j)(2)(A) of the Inter-19 nal Revenue Code of 1986 is amended by 20 striking all that precedes ‘‘shall be ap-21 plied’’ and inserting: 22 ‘‘(A) S EPARATE APPLICATION OF DE MINI -23 MIS RULE.—Subsection (b)(1)’’. 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00064 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 65 •HR 4583 IH (ii) Section 1402(j)(2)(B) of such 1 Code is amended by striking ‘‘paragraph 2 (2) of subsection (b)’’ and inserting ‘‘sub-3 section (b)(1)’’. 4 (2) A MENDMENT TO THE SOCIAL SECURITY 5 ACT.— 6 (A) I N GENERAL.—Section 211(b) of the 7 Social Security Act (42 U.S.C. 411(b)) is 8 amended to read as follows: 9 ‘‘(b) S ELF-EMPLOYMENTINCOME.— 10 ‘‘(1) I N GENERAL.—Subject to paragraph (2), 11 the term ‘self-employment income’ means the net 12 earnings from self-employment derived by an indi-13 vidual, except that such term shall not include net 14 earnings from self-employment if such net earnings 15 for the taxable year are less than $400. 16 ‘‘(2) L IMITATION.—The term ‘self-employment 17 income’ shall not exceed the sum of— 18 ‘‘(A) the total compensation not in excess 19 of the contribution and benefit base (as deter-20 mined under section 230) which is effective for 21 the calendar year in which such taxable year 22 begins, reduced by the amount of wages not in 23 excess of such base paid to such individual dur-24 ing the taxable year, plus 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00065 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 66 •HR 4583 IH ‘‘(B) the total compensation in excess of 1 the greater of— 2 ‘‘(i) $400,000, or 3 ‘‘(ii) the amount of wages paid to 4 such individual during the taxable year. 5 ‘‘(3) D EFINITION AND SPECIAL RULES .— 6 ‘‘(A) T OTAL COMPENSATION .—For pur-7 poses of paragraph (2), the term ‘total com-8 pensation’ means the sum of the net earnings 9 from self-employment and the amount of wages 10 paid to such individual during the taxable year. 11 ‘‘(B) W AGES.—For purposes of this sub-12 section, the term ‘wages’ shall be determined 13 without regard to section 209(a)(1). 14 ‘‘(C) N ONRESIDENT ALIENS .—A non-15 resident alien individual shall not be treated as 16 an individual for purposes of paragraph (1), ex-17 cept as provided by an agreement under section 18 233. An individual who is not a citizen of the 19 United States but who is a resident of the Com-20 monwealth of Puerto Rico, the Virgin Islands, 21 Guam, or American Samoa shall not, for pur-22 poses of this subsection, be considered to be a 23 nonresident alien individual. 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00066 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 67 •HR 4583 IH ‘‘(D) CHURCH EMPLOYEE .—In the case of 1 church employee income, the special rules of 2 subsection (i)(2) shall apply for purposes of 3 paragraph (1).’’. 4 (B) C ONFORMING AMENDMENT .—Section 5 211(i)(2) of the Social Security Act (42 U.S.C. 6 411(i)(2)) is amended by striking ‘‘(b)(2)’’ and 7 inserting ‘‘(b)(1)’’ each place it appears. 8 (c) S PECIALRULE FORWAGESFROMMULTIPLE 9 E MPLOYERSWHICHTOTAL INEXCESS OF$400,000.— 10 (1) I N GENERAL.—Subchapter A of chapter 21 11 of the Internal Revenue Code of 1986 is amended by 12 adding at the end the following new section: 13 ‘‘SEC. 3103. SPECIAL RULES FOR REMUNERATION FROM 14 MULTIPLE EMPLOYERS. 15 ‘‘(a) I NGENERAL.—In the case of an employee re-16 ceiving wages from more than one employer during a cal-17 endar year, there is hereby imposed a tax on such em-18 ployee (for the last taxable year beginning in the calendar 19 year the wages are received) equal to the excess (if any) 20 of— 21 ‘‘(1) the tax that would have been imposed by 22 section 3101(a) if such wages had been received 23 from one employer, over 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00067 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 68 •HR 4583 IH ‘‘(2) the aggregate tax imposed by such section 1 with respect to such wages. 2 ‘‘(b) C OORDINATIONWITHSPECIALREFUNDPROVI-3 SION.—No credit shall be determined under section 31(b) 4 with respect to any employee for any taxable year unless 5 the amount described in subsection (a)(1) with respect to 6 wages received during the calendar year in which such tax-7 able year begins exceeds the amount described in sub-8 section (a)(2) with respect to such wages, and the amount 9 of such credit so determined shall not exceed such excess. 10 ‘‘(c) W AGES.—For purposes of this section, the term 11 ‘wages’ shall have the same meaning as when used in sec-12 tion 1402(b). 13 ‘‘(d) A PPLICATION TOTIERI RAILROADRETIRE-14 MENTTAX.—In the case of compensation (as defined in 15 section 3231(e)), for purposes of applying subsections (a) 16 and (b), the reference to the tax that would have been 17 imposed by section 3101(a) shall be treated as including 18 a reference to so much of the tax that would have been 19 imposed on such compensation under section 3201(a) or 20 3211(a) (or would have been so imposed but for paragraph 21 (2) of section 3231(e)) as is determined by reference to 22 the rate of tax in effect under section 3101(a).’’. 23 (2) F AILURE BY INDIVIDUAL TO PAY ESTI -24 MATED INCOME TAX .—Subsection (m) of section 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00068 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 69 •HR 4583 IH 6654 of the Internal Revenue Code of 1986 is 1 amended to read as follows: 2 ‘‘(m) S PECIALRULE FORCERTAINEMPLOYMENT 3 T AXES.—For purposes of this section, the tax imposed by 4 sections 3101(b)(2) (to the extent not withheld) and the 5 tax imposed by section 3103 shall be treated as taxes im-6 posed by chapter 2.’’. 7 (3) C LERICAL AMENDMENT .—The table of sec-8 tions for subchapter A of chapter 21 of the Internal 9 Revenue Code of 1986 is amended by adding at the 10 end the following new item: 11 ‘‘Sec. 3103. Special rules for remuneration from multiple employers.’’. (d) CONFORMINGCHANGE TONATIONALAVERAGE 12 W AGEINDEX.—Section 209(k) of the Social Security Act 13 (42 U.S.C. 409(k)) is amended— 14 (1) in paragraph (1), by inserting ‘‘and to para-15 graph (4)’’ after ‘‘paragraph (2)’’; and 16 (2) by adding at the end the following: 17 ‘‘(4) For each calendar year after 2024, the na-18 tional average wage index as defined in this section 19 for such calendar year shall be deemed to be the na-20 tional average wage index determined under the pre-21 ceding paragraphs of this section increased by the 22 following percentage: 23 ‘‘(A) For calendar years 2025 through 24 2030, 0.5 percent. 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00069 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 70 •HR 4583 IH ‘‘(B) For calendar years 2031 through 1 2036, 0.6 percent. 2 ‘‘(C) For calendar years 2037 through 3 2042, 0.7 percent. 4 ‘‘(D) For calendar years 2043 through 5 2046, 0.8 percent. 6 ‘‘(E) For calendar years after 2046, 0.9 7 percent.’’. 8 (e) E FFECTIVEDATES.— 9 (1) I N GENERAL.—The amendments made by 10 subsections (a) and (c) shall apply to remuneration 11 paid in calendar years after 2024. 12 (2) S ELF-EMPLOYMENT INCOME .—The amend-13 ments made by subsection (b) shall apply to net 14 earnings from self-employment derived in taxable 15 years beginning after December 31, 2024. 16 SEC. 202. INCLUDING EARNINGS OVER $400,000 IN SOCIAL 17 SECURITY BENEFIT FORMULA. 18 (a) I NCLUSION OFEARNINGSOVER$400,000 INDE-19 TERMINATION OF PRIMARYINSURANCEAMOUNTS.—Sec-20 tion 215(a)(1)(A) of the Social Security Act (42 U.S.C. 21 415(a)(1)(A)) is amended— 22 (1) in clause (ii), by striking ‘‘and’’ at the end; 23 (2) in clause (iii), by inserting ‘‘and’’ at the 24 end; and 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00070 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 71 •HR 4583 IH (3) by inserting after clause (iii) the following: 1 ‘‘(iv) 1 percent of the individual’s excess aver-2 age indexed monthly earnings (as defined in sub-3 section (b)(5)(A)).’’. 4 (b) D EFINITION OF EXCESSAVERAGEINDEXED 5 M ONTHLYEARNINGS.—Section 215(b) of the Social Secu-6 rity Act (42 U.S.C. 415(b)) is amended— 7 (1) by striking ‘‘wages’’ and ‘‘self-employment 8 income’’ each place such terms appear and inserting 9 ‘‘basic wages’’ and ‘‘basic self-employment income’’, 10 respectively; and 11 (2) by adding at the end the following: 12 ‘‘(5)(A) An individual’s excess average indexed 13 monthly earnings shall be equal to the amount of the indi-14 vidual’s average indexed monthly earnings that would be 15 determined under this subsection by substituting ‘excess 16 wages’ for ‘basic wages’ and ‘excess self-employment in-17 come’ for ‘basic self-employment income’ each place such 18 terms appear in this subsection (except in this paragraph). 19 ‘‘(B) For purposes of this subsection— 20 ‘‘(i) the term ‘basic wages’ means that portion 21 of the wages of an individual paid in a year that 22 does not exceed the contribution and benefit base for 23 the year; 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00071 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 72 •HR 4583 IH ‘‘(ii) the term ‘basic self-employment income’ 1 means that portion of the self-employment income of 2 an individual credited to a year that does not exceed 3 an amount equal to the contribution and benefit 4 base for the year minus the amount of the wages 5 paid to the individual in the year; 6 ‘‘(iii) the term ‘excess wages’ means that por-7 tion of the wages of an individual paid in a year 8 after 2024 that are not basic wages; and 9 ‘‘(iv) the term ‘excess self-employment income’ 10 means that portion of the self-employment income of 11 an individual credited to a year after 2024 that is 12 not basic self-employment income.’’. 13 (c) C ONFORMINGAMENDMENTS.—Title II of the So-14 cial Security Act is amended— 15 (1) in section 203(a)(6)(A) (42 U.S.C. 16 403(a)(6)(A)), by striking ‘‘85 percent of such indi-17 vidual’s average indexed monthly earnings’’ and in-18 serting ‘‘the sum of 85 percent of such individual’s 19 average indexed monthly earnings and 1 percent of 20 such individual’s excess average indexed monthly 21 earnings (as defined in section 215(b)(5)(A))’’; 22 (2) in section 212 (42 U.S.C. 412), by inserting 23 ‘‘excess average indexed monthly earnings,’’ after 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00072 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 73 •HR 4583 IH ‘‘average indexed monthly earnings,’’ each place it 1 appears; 2 (3) in section 215(e)(1) (42 U.S.C. 415(e)(1)), 3 by inserting ‘‘and before 2025’’ after ‘‘after 1974’’. 4 (d) E FFECTIVEDATE.—The amendments made by 5 this section shall apply with respect to remuneration paid 6 in calendar years after 2024 and to net earnings from self- 7 employment derived in taxable years beginning after De-8 cember 31, 2024. 9 SEC. 203. APPLICATION OF SOCIAL SECURITY TAX TO NET 10 INVESTMENT INCOME. 11 (a) I NGENERAL.—Section 1411(a)(1) of the Internal 12 Revenue Code of 1986 is amended by striking ‘‘3.8 per-13 cent’’ and all that follows and inserting ‘‘the sum of— 14 ‘‘(A) 3.8 percent of the lesser of— 15 ‘‘(i) net investment income for such 16 taxable year, or 17 ‘‘(ii) the excess (if any) of— 18 ‘‘(I) the modified adjusted gross 19 income for such taxable year, over 20 ‘‘(II) the medicare contribution 21 threshold amount, plus 22 ‘‘(B) 12.4 percent of the lesser of— 23 ‘‘(i) net investment income for such 24 taxable year, or 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00073 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 74 •HR 4583 IH ‘‘(ii) the excess (if any) of— 1 ‘‘(I) the modified adjusted gross 2 income for such taxable year, over 3 ‘‘(II) the social security contribu-4 tion threshold amount.’’. 5 (b) A PPLICATION TOESTATES ANDTRUSTS.—Sec-6 tion 1411(a)(2) of such Code is amended by striking ‘‘3.8 7 percent’’ and all that follows and inserting ‘‘the sum of— 8 ‘‘(A) 3.8 percent of the lesser of— 9 ‘‘(i) the undistributed net investment 10 income for such taxable year, or 11 ‘‘(ii) the excess (if any) of— 12 ‘‘(I) the adjusted gross income 13 (as defined in section 67(e)) for such 14 taxable year, over 15 ‘‘(II) the dollar amount at which 16 the highest tax bracket in section 1(e) 17 begins for such taxable year, plus 18 ‘‘(B) 12.4 percent of the lesser of— 19 ‘‘(i) the amount described in subpara-20 graph (A)(i), or 21 ‘‘(ii) the excess described in subpara-22 graph (A)(ii).’’. 23 (c) T HRESHOLDAMOUNTS.—Section 1411(b) of such 24 Code is amended to read as follows: 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00074 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 75 •HR 4583 IH ‘‘(b) THRESHOLDAMOUNTS.—For purposes of this 1 section— 2 ‘‘(1) M EDICARE CONTRIBUTION THRESHOLD 3 AMOUNT.—The term ‘medicare contribution thresh-4 old amount’ means— 5 ‘‘(A) in the case of a taxpayer making a 6 joint return under section 6013 or a surviving 7 spouse (as defined in section 2(a)), $250,000, 8 ‘‘(B) in the case of a married taxpayer (as 9 defined in section 7703) filing a separate re-10 turn, 1 ⁄2of the dollar amount determined under 11 subparagraph (A), and 12 ‘‘(C) in any other case, $200,000. 13 ‘‘(2) S OCIAL SECURITY CONTRIBUTION 14 THRESHOLD AMOUNT .—The term ‘social security 15 contribution threshold amount’ means $400,000.’’. 16 (d) C LERICALAMENDMENT.—The heading of chap-17 ter 2A of such Code (and the item relating to such chapter 18 in the table of chapters for subtitle A of chapter 1 of such 19 Code) are each amended by striking ‘‘medicare contribu-20 tion’’ and inserting ‘‘contributions’’. 21 (e) E FFECTIVEDATE.—The amendments made by 22 this section shall apply to taxable years beginning after 23 December 31, 2024. 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00075 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 76 •HR 4583 IH SEC. 204. ESTABLISHING THE SOCIAL SECURITY TRUST 1 FUND. 2 (a) I NGENERAL.—Section 201(a) of the Social Secu-3 rity Act (42 U.S.C. 401(a)) is amended to read as follows: 4 ‘‘(a) There is hereby created on the books of the 5 Treasury of the United States a trust fund to be known 6 as the ‘Social Security Trust Fund’. The Social Security 7 Trust Fund shall consist of the securities held by the Sec-8 retary of the Treasury for the Federal Old-Age and Sur-9 vivors Insurance Trust Fund and the Federal Disability 10 Insurance Trust Fund and the amount standing to the 11 credit of the Federal Old-Age and Survivors Insurance 12 Trust Fund and the Federal Disability Insurance Trust 13 Fund on the books of the Treasury on January 1 of the 14 first calendar year beginning after the date of the enact-15 ment of section 203 of the Social Security 2100 Act, which 16 securities and amount the Secretary of the Treasury is 17 authorized and directed to transfer to the Social Security 18 Trust Fund, and, in addition, such gifts and bequests as 19 may be made as provided in subsection (i)(1), and such 20 amounts as may be appropriated to, or deposited in, the 21 Social Security Trust Fund as hereinafter provided. There 22 is hereby appropriated to the Social Security Trust Fund 23 for the first fiscal year that begins after date of the enact-24 ment of section 203 of the Social Security 2100 Act, and 25 for each fiscal year thereafter, out of any moneys in the 26 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00076 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 77 •HR 4583 IH Treasury not otherwise appropriated, amounts equivalent 1 to 100 percent of— 2 ‘‘(1) the taxes imposed by chapter 21 (other 3 than sections 3101(b) and 3111(b)) of the Internal 4 Revenue Code of 1986 with respect to wages (as de-5 fined in section 3121 of such Code) reported to the 6 Secretary of the Treasury pursuant to subtitle F of 7 the Internal Revenue Code of 1986, as determined 8 by the Secretary of the Treasury by applying the ap-9 plicable rates of tax under such chapter (other than 10 sections 3101(b) and 3111(b)) to such wages, which 11 wages shall be certified by the Commissioner of So-12 cial Security on the basis of the records of wages es-13 tablished and maintained by such Commissioner in 14 accordance with such reports; 15 ‘‘(2) the taxes imposed by chapter 2 (other than 16 section 1401(b)) of the Internal Revenue Code of 17 1986 with respect to self-employment income (as de-18 fined in section 1402 of such Code) reported to the 19 Secretary of the Treasury on tax returns under sub-20 title F of such Code, as determined by the Secretary 21 of the Treasury by applying the applicable rate of 22 tax under such chapter (other than section 1401(b)) 23 to such self-employment income, which self-employ-24 ment income shall be certified by the Commissioner 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00077 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 78 •HR 4583 IH of Social Security on the basis of the records of self- 1 employment income established and maintained by 2 the Commissioner of Social Security in accordance 3 with such returns; and 4 ‘‘(3) the taxes imposed by paragraph (1)(B) 5 and (2)(B) of section 1411(a) of the Internal Rev-6 enue Code of 1986. 7 The amounts appropriated by paragraphs (1), (2), and (3) 8 shall be transferred from time to time from the general 9 fund in the Treasury to the Social Security Trust Fund, 10 such amounts to be determined on the basis of estimates 11 by the Secretary of the Treasury of the taxes, specified 12 in paragraphs (1), (2), and (3), paid to or deposited into 13 the Treasury; and proper adjustments shall be made in 14 amounts subsequently transferred to the extent prior esti-15 mates were in excess of or were less than the taxes speci-16 fied in such paragraphs (1), (2), and (3). All amounts 17 transferred to the Social Security Trust Fund under the 18 preceding sentence shall be invested by the Managing 19 Trustee in the same manner and to the same extent as 20 the other assets of the Trust Fund. Notwithstanding the 21 preceding sentence, in any case in which the Secretary of 22 the Treasury determines that the assets of the Trust Fund 23 would otherwise be inadequate to meet the Trust Fund’s 24 obligations for any month, the Secretary of the Treasury 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00078 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 79 •HR 4583 IH shall transfer to the Trust Fund on the first day of such 1 month the total amount which would have been trans-2 ferred to the Trust Fund under this section as in effect 3 on October 1, 1990; and the Trust Fund shall pay interest 4 to the general fund on the amount so transferred on the 5 first day of any month at a rate (calculated on a daily 6 basis, and applied against the difference between the 7 amount so transferred on such first day and the amount 8 which would have been transferred to the Trust Fund up 9 to that day under the procedures in effect on January 1, 10 1983) equal to the rate earned by the investments of the 11 Trust Fund in the same month under subsection (d).’’. 12 (b) R EQUIRED ACTUARIALANALYSIS.—Section 13 201(c) of the Social Security Act is amended by striking 14 the fourth sentence in the matter following paragraph (5) 15 and inserting the following: ‘‘Such report shall also include 16 actuarial analysis of the benefit cost with respect to dis-17 abled beneficiaries and their auxiliaries, to retired bene-18 ficiaries and their auxiliaries, and to survivor bene-19 ficiaries.’’. 20 (c) B OARD OFTRUSTEES.— 21 (1) B OARD OF TRUSTEES OF SOCIAL SECURITY 22 TRUST FUND.—Section 201(c) of the Social Security 23 Act, as amended by subsection (b) of this section, is 24 further amended in the matter preceding paragraph 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00079 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 80 •HR 4583 IH (1) by striking ‘‘the Federal Old-Age and Survivors 1 Insurance Trust Fund and the Federal Disability 2 Insurance Trust Fund (hereinafter in this title 3 called the ‘Trust Funds’)’’ and inserting ‘‘the Social 4 Security Trust Fund (in this title referred to as the 5 ‘Trust Fund’)’’. 6 (2) C ONTINUITY OF BOARD OF TRUSTEES .— 7 The Board of Trustees of the Social Security Trust 8 Fund created by the amendment made by subsection 9 (a) shall be a continuous body with the Board of 10 Trustees of the Federal Old-Age and Survivors In-11 surance Trust Fund and the Federal Disability In-12 surance Trust Fund in operation prior to the effec-13 tive date of such amendment. Individuals serving as 14 members of the Board of Trustees of the Federal 15 Old-Age and Survivors Insurance Trust Fund and 16 the Federal Disability Insurance Trust Fund as of 17 the effective date of such amendment shall serve the 18 remainder of their term as members of the Board of 19 Trustees of the Social Security Trust Fund. 20 (d) C ONFORMINGAMENDMENTS RELATED TOSO-21 CIALSECURITYTRUSTFUND.— 22 (1) A MENDMENT TO SECTION HEADING .—The 23 section heading for section 201 of the Social Secu-24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00080 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 81 •HR 4583 IH rity Act is amended to read as follows: ‘‘SOCIAL SE-1 CURITY TRUST FUND’’. 2 (2) B OARD OF TRUSTEES .—Section 201(c) of 3 such Act, as amended by subsections (b) and (c)(1), 4 is further amended— 5 (A) in the matter preceding paragraph (1), 6 by striking ‘‘Board of Trustees of the Trust 7 Funds’’ and inserting ‘‘Board of Trustees of 8 the Trust Fund’’; 9 (B) in paragraph (1), by striking ‘‘Trust 10 Funds’’ and inserting ‘‘Trust Fund’’; 11 (C) in paragraph (2)— 12 (i) by striking ‘‘Trust Funds’’ and in-13 serting ‘‘Trust Fund’’; and 14 (ii) by striking ‘‘their’’ and inserting 15 ‘‘its’’; 16 (D) in paragraph (3), by striking ‘‘either 17 of the Trust Funds’’ and inserting ‘‘the Trust 18 Fund’’; 19 (E) in paragraph (5)— 20 (i) by striking ‘‘managing the Trust 21 Funds’’ and inserting ‘‘managing the 22 Trust Fund’’; and 23 (ii) by striking ‘‘Trust Funds are’’ 24 and inserting ‘‘Trust Fund is’’; 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00081 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 82 •HR 4583 IH (F) in the matter following paragraph (5), 1 by striking ‘‘Trust Funds’’ each place it ap-2 pears and inserting ‘‘Trust Fund’’; and 3 (G) in the second sentence in the matter 4 following paragraph (5), by striking ‘‘whether 5 the Federal Old-Age and Survivors Insurance 6 Trust Fund and the Federal Disability Insur-7 ance Trust Fund, individually and collectively, 8 are’’ and inserting ‘‘whether the Social Security 9 Trust Fund is’’. 10 (3) I NVESTMENTS.—Section 201 of such Act is 11 amended in subsections (d) and (e) by striking 12 ‘‘Trust Funds’’ each place it appears and inserting 13 ‘‘Trust Fund’’. 14 (4) C REDITING OF INTEREST AND PROCEEDS 15 TO TRUST FUNDS .—Section 201(f) of such Act is 16 amended— 17 (A) by striking ‘‘the Federal Old-Age and 18 Survivors Insurance Trust Fund and the Fed-19 eral Disability Insurance Trust Fund shall be 20 credited to and form a part of the Federal Old- 21 Age and Survivors Insurance Trust Fund and 22 the Disability Insurance Trust Fund, respec-23 tively’’ and inserting ‘‘the Social Security Trust 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00082 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 83 •HR 4583 IH Fund shall be credited to and form a part of 1 the Social Security Trust Fund’’; 2 (B) by striking ‘‘either of the Trust 3 Funds’’ and inserting ‘‘the Trust Fund’’; and 4 (C) by striking ‘‘such Trust Fund’’ and in-5 serting ‘‘the Trust Fund’’. 6 (5) A DMINISTRATIVE COSTS.—Section 201(g) of 7 such Act is amended— 8 (A) in paragraph (1)— 9 (i) in subparagraph (A), by striking 10 ‘‘Of the amounts authorized to be made 11 available out of the Federal Old-Age and 12 Survivors Insurance Trust Fund and the 13 Federal Disability Insurance Trust Fund 14 under the preceding sentence’’ and all that 15 follows through ‘‘(Public Law 103–296).’’; 16 and 17 (ii) in subparagraph (B)(i)— 18 (I) by striking subclauses (II) 19 and (III) and inserting the following: 20 ‘‘(II) the portion of such costs which 21 should have been borne by the Social Security 22 Trust Fund,’’; and 23 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00083 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 84 •HR 4583 IH (II) by redesignating subclauses 1 (IV) and (V) as subclauses (III) and 2 (IV); 3 (B) in paragraph (2)— 4 (i) by striking ‘‘Trust Funds’’ and in-5 serting ‘‘Trust Fund’’; and 6 (ii) by striking the last sentence; and 7 (C) in paragraph (4), by striking ‘‘Trust 8 Funds’’ each place it appears and inserting 9 ‘‘Trust Fund’’. 10 (6) B ENEFIT PAYMENTS .—Section 201(h) of 11 such Act is amended to read as follows: 12 ‘‘(h) All benefit payments required to be made under 13 this title shall be made only from the Social Security Trust 14 Fund.’’. 15 (7) G IFTS.—Section 201(i) of such Act is 16 amended— 17 (A) in paragraph (1), by striking ‘‘the 18 Federal Old-Age and Survivors Insurance Trust 19 Fund, the Federal Disability Insurance Trust 20 Fund’’ and inserting ‘‘the Social Security Trust 21 Fund’’; and 22 (B) in paragraph (2)(B), by striking ‘‘the 23 Federal Old-Age and Survivors Insurance Trust 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00084 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 85 •HR 4583 IH Fund’’ and inserting ‘‘the Social Security Trust 1 Fund’’. 2 (8) T RAVEL EXPENSES.—Section 201(j) of such 3 Act is amended by striking ‘‘the Federal Old-Age 4 and Survivors Insurance Trust Fund, or the Federal 5 Disability Insurance Trust Fund (as determined ap-6 propriate by the Commissioner of Social Security)’’ 7 and inserting ‘‘the Social Security Trust Fund’’. 8 (9) D EMONSTRATION PROJECTS .—Section 9 201(k) of such Act is amended by striking ‘‘the Fed-10 eral Disability Insurance Trust Fund and the Fed-11 eral Old-Age and Survivors Insurance Trust Fund, 12 as determined appropriate by the Commissioner of 13 Social Security’’ and inserting ‘‘the Social Security 14 Trust Fund’’. 15 (10) B ENEFIT CHECKS.—Section 201(m) of 16 such Act is amended— 17 (A) in paragraph (2), by striking ‘‘each of 18 the Trust Funds’’ and inserting ‘‘the Social Se-19 curity Trust Fund’’; 20 (B) in paragraph (3), by striking ‘‘one of 21 the Trust Funds’’ and inserting ‘‘the Trust 22 Fund’’; and 23 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00085 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 86 •HR 4583 IH (C) by striking ‘‘such Trust Fund’’ each 1 place it appears and inserting ‘‘the Trust 2 Fund’’. 3 (11) C ONFORMING REPEALS .— 4 (A) I N GENERAL.—Section 201 of such 5 Act is amended by striking subsections (b), (l), 6 and (n). 7 (B) R EDESIGNATIONS.—Section 201 of 8 such Act is further amended— 9 (i) by redesignating subsections (c) 10 through (j) as subsections (b) through (i), 11 respectively; 12 (ii) by redesignating subsection (k) as 13 subsection (j); and 14 (iii) by redesignating subsection (m) 15 as subsection (k). 16 (C) R EFERENCES TO REDESIGNATED SEC -17 TIONS.— 18 (i) Section 201(a) of such Act, as 19 amended by subsection (a) of this section, 20 is further amended— 21 (I) by striking ‘‘subsection 22 (i)(1)’’ and inserting ‘‘subsection 23 (h)(1)’’; and 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00086 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 87 •HR 4583 IH (II) by striking ‘‘subsection (d)’’ 1 and inserting ‘‘subsection (c)’’. 2 (ii) Section 1131(b)(1) of such Act is 3 amended by striking ‘‘section 201(g)(1)’’ 4 and inserting ‘‘section 201(f)(1)’’. 5 (e) O THERCONFORMINGAMENDMENTS TO SOCIAL 6 S ECURITYACT.— 7 (1) T ITLE II.—Title II of the Social Security 8 Act (42 U.S.C. 401 et seq.) is amended— 9 (A) in section 202(x)(3)(B)(iii), by striking 10 ‘‘the Federal Old-Age and Survivors Insurance 11 Trust Fund and the Federal Disability Insur-12 ance Trust Fund, as appropriate,’’ and insert-13 ing ‘‘the Social Security Trust Fund’’; 14 (B) in section 206(d)(5), by striking ‘‘the 15 Federal Old-Age and Survivors Insurance Trust 16 Fund and the Federal Disability Insurance 17 Trust Fund, as appropriate’’ and inserting ‘‘the 18 Social Security Trust Fund’’; 19 (C) in section 206(e)(3)(B), by striking 20 ‘‘the Federal Old-Age and Survivors Insurance 21 Trust Fund and the Federal Disability Insur-22 ance Trust Fund’’ and inserting ‘‘the Social Se-23 curity Trust Fund’’; 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00087 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 88 •HR 4583 IH (D) in section 208(b)(5)(A), by striking 1 ‘‘the Federal Old-Age and Survivors Insurance 2 Trust Fund and the Federal Disability Insur-3 ance Trust Fund, as appropriate’’ and inserting 4 ‘‘the Social Security Trust Fund’’; 5 (E) in section 215(i)(1)(F)— 6 (i) in clause (i)— 7 (I) by striking ‘‘the combined 8 balance in the Federal Old-Age and 9 Survivors Insurance Trust Fund and 10 the Federal Disability Insurance 11 Trust Fund’’ and inserting ‘‘the bal-12 ance in the Social Security Trust 13 Fund’’; and 14 (II) by striking ‘‘and reduced by 15 the outstanding amount of any loan 16 (including interest thereon) thereto-17 fore made to either such Fund from 18 the Federal Hospital Insurance Trust 19 Fund under section 201(l)’’; and 20 (ii) in clause (ii)— 21 (I) by striking ‘‘the Federal Old- 22 Age and Survivors Insurance Trust 23 Fund and the Federal Disability In-24 surance Trust Fund’’ and inserting 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00088 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 89 •HR 4583 IH ‘‘the Social Security Trust Fund’’; 1 and 2 (II) by striking ‘‘(other than pay-3 ments’’ and all that follows through 4 ‘‘and reducing’’ and inserting ‘‘, but 5 reducing’’; 6 (F) in section 221(e)— 7 (i) by striking ‘‘Trust Funds’’ each 8 place it appears and inserting ‘‘Trust 9 Fund’’; and 10 (ii) by striking the last sentence; 11 (G) in section 221(f), by striking ‘‘Trust 12 Funds’’ and inserting ‘‘Trust Fund’’; 13 (H) in section 222(d)— 14 (i) in the section heading, by striking 15 ‘‘T RUSTFUNDS’’ and inserting ‘‘TRUST 16 F UND’’; 17 (ii) in paragraph (1), by striking ‘‘to 18 the end that savings will accrue to the 19 Trust Funds as a result of rehabilitating 20 such individuals, there are authorized to be 21 transferred from the Federal Old-Age and 22 Survivors Insurance Trust Fund and the 23 Federal Disability Insurance Trust Fund’’ 24 and inserting ‘‘to the end that savings will 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00089 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 90 •HR 4583 IH accrue to the Trust Fund as a result of re-1 habilitating such individuals, there are au-2 thorized to be transferred from the Social 3 Security Trust Fund’’; and 4 (iii) by amending paragraph (4) to 5 read as follows: 6 ‘‘(4) The Commissioner of Social Security shall deter-7 mine according to such methods and procedures as the 8 Commissioner may deem appropriate the total amount to 9 be reimbursed for the cost of services under this sub-10 section.’’; 11 (I) in section 228(g)— 12 (i) in the section heading, by striking 13 ‘‘F EDERALOLD-AGE ANDSURVIVORSIN-14 SURANCETRUSTFUND’’ and inserting 15 ‘‘S OCIALSECURITYTRUSTFUND’’; and 16 (ii) in the matter preceding paragraph 17 (1), by striking ‘‘Federal Old-Age and Sur-18 vivors Insurance Trust Fund’’ and insert-19 ing ‘‘Social Security Trust Fund’’; 20 (J) in section 231(c), by striking ‘‘Trust 21 Funds’’ each place it appears and inserting 22 ‘‘Trust Fund’’; and 23 (K) in section 234(a)(1), by striking 24 ‘‘Trust Funds’’ and inserting ‘‘Trust Fund’’. 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00090 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 91 •HR 4583 IH (2) TITLE VII.—Title VII of the Social Security 1 Act (42 U.S.C. 901 et seq.) is amended— 2 (A) in section 703(j), by striking ‘‘Federal 3 Disability Insurance Trust Fund, the Federal 4 Old-Age and Survivors Insurance Trust Fund,’’ 5 and inserting ‘‘Social Security Trust Fund’’; 6 (B) in section 708(c), by striking ‘‘the 7 ‘OASDI trust fund ratio’ under section 201(l),’’ 8 after ‘‘computing’’; 9 (C) in section 709— 10 (i) in subsection (a), by striking ‘‘Fed-11 eral Old-Age and Survivors Insurance 12 Trust Fund and the Federal Disability In-13 surance Trust Fund’’ and inserting ‘‘Social 14 Security Trust Fund’’; and 15 (ii) in subsection (b)— 16 (I) in paragraph (1), by striking 17 ‘‘section 201(l) or’’; and 18 (II) in paragraph (2), by striking 19 ‘‘Federal Old-Age and Survivors In-20 surance Trust Fund and the Federal 21 Disability Insurance Trust Fund’’ and 22 inserting ‘‘Social Security Trust 23 Fund’’; and 24 (D) in section 710— 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00091 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 92 •HR 4583 IH (i) in subsection (a), by striking ‘‘Fed-1 eral Old-Age and Survivors Insurance 2 Trust Fund and the Federal Disability In-3 surance Trust Fund’’ and inserting ‘‘Social 4 Security Trust Fund’’; and 5 (ii) in subsection (b)— 6 (I) by striking ‘‘any Trust Fund 7 specified in subsection (a)’’ and in-8 serting ‘‘the Social Security Trust 9 Fund’’; and 10 (II) by striking ‘‘payments from 11 any such Trust Fund’’ and inserting 12 ‘‘payments from the Social Security 13 Trust Fund’’. 14 (3) T ITLE XI.—Title XI of the Social Security 15 Act (42 U.S.C. 1301 et seq.) is amended— 16 (A) in section 1106(b), by striking ‘‘the 17 Federal Old-Age and Survivors Insurance Trust 18 Fund, the Federal Disability Insurance Trust 19 Fund’’ and inserting ‘‘the Social Security Trust 20 Fund’’; 21 (B) in section 1129(e)(2)(A), by striking 22 ‘‘the Federal Old-Age and Survivors Insurance 23 Trust Fund or the Federal Disability Insurance 24 Trust Fund, as determined appropriate by the 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00092 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 93 •HR 4583 IH Secretary’’ and inserting ‘‘the Social Security 1 Trust Fund’’; 2 (C) in sections 1131(b)(2) and 1140(c)(2), 3 by striking ‘‘the Federal Old-Age and Survivors 4 Insurance Trust Fund’’ and inserting ‘‘the So-5 cial Security Trust Fund’’; 6 (D) in section 1145(c)— 7 (i) by striking paragraphs (1) and (2) 8 and inserting the following: 9 ‘‘(1) the Social Security Trust Fund;’’; and 10 (ii) by redesignating paragraphs (3) 11 and (4) as paragraphs (2) and (3), respec-12 tively; and 13 (E) in section 1148(j)(1)(A)— 14 (i) in the first sentence, by striking 15 ‘‘the Federal Old-Age and Survivors Insur-16 ance Trust Fund and the Federal Dis-17 ability Insurance Trust Fund’’ and insert-18 ing ‘‘the Social Security Trust Fund’’; and 19 (ii) by striking the second sentence. 20 (4) T ITLE XVIII.—Title XVIII of the Social Se-21 curity Act (42 U.S.C. 1395) is amended— 22 (A) in section 1817(g), by striking ‘‘Fed-23 eral Old-Age and Survivors Insurance Trust 24 Fund and from the Federal Disability Insur-25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00093 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 94 •HR 4583 IH ance Trust Fund’’ and inserting ‘‘Social Secu-1 rity Trust Fund’’; 2 (B) in section 1840(a)(2), by striking 3 ‘‘Federal Old-Age and Survivors Insurance 4 Trust Fund or the Federal Disability Insurance 5 Trust Fund’’ and inserting ‘‘Social Security 6 Trust Fund’’; and 7 (C) in section 1841(f), by striking ‘‘Fed-8 eral Old-Age and Survivors Insurance Trust 9 Fund and from the Federal Disability Insur-10 ance Trust Fund’’ and inserting ‘‘Social Secu-11 rity Trust Fund’’. 12 (f) C ONFORMINGAMENDMENTSOUTSIDE OFSOCIAL 13 S ECURITYACT.— 14 (1) B UDGET.— 15 (A) O FF-BUDGET EXEMPTION .—Section 16 405(a) of the Congressional Budget Act of 17 1974 (2 U.S.C. 655(a)) is amended by striking 18 ‘‘Federal Old-Age and Survivors Insurance and 19 Federal Disability Insurance Trust Funds’’ and 20 inserting ‘‘Social Security Trust Fund’’. 21 (B) S EQUESTRATION EXEMPTION .—Sec-22 tion 255(g)(1)(A) of the Balanced Budget and 23 Emergency Deficit Control Act of 1985 (2 24 U.S.C. 905(g)(1)(A)) is amended by striking 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00094 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 95 •HR 4583 IH ‘‘Payments to Social Security Trust Funds’’ 1 and inserting ‘‘Payments to the Social Security 2 Trust Fund’’. 3 (2) T AX.— 4 (A) T AXABLE WAGES.—Section 3121(l)(4) 5 of the Internal Revenue Code of 1986 is 6 amended by striking ‘‘Federal Old-Age and 7 Survivors Insurance Trust Fund and the Fed-8 eral Disability Insurance Trust Fund’’ and in-9 serting ‘‘Social Security Trust Fund’’. 10 (B) O VERPAYMENTS.— 11 (i) Section 6402(d)(3)(C) of the Inter-12 nal Revenue Code of 1986 is amended by 13 striking ‘‘Federal Old-Age and Survivors 14 Insurance Trust Fund or the Federal Dis-15 ability Insurance Trust Fund, whichever is 16 certified to the Secretary as appropriate by 17 the Commissioner of Social Security’’ and 18 inserting ‘‘Social Security Trust Fund’’. 19 (ii) Subsection (f)(2)(B) of section 20 3720A of title 31, United States Code, is 21 amended by striking ‘‘Federal Old-Age and 22 Survivors Insurance Trust Fund or the 23 Federal Disability Insurance Trust Fund, 24 whichever is certified to the Secretary of 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00095 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 96 •HR 4583 IH the Treasury as appropriate by the Com-1 missioner of Social Security’’ and inserting 2 ‘‘Social Security Trust Fund’’. 3 (3) F ALSE CLAIMS PENALTIES .—Subsection 4 (g)(2) of section 3806 of title 31, United States 5 Code, is amended— 6 (A) in subparagraph (B)— 7 (i) by striking ‘‘Secretary of Health 8 and Human Services’’ and inserting ‘‘Com-9 missioner of Social Security’’; and 10 (ii) by striking ‘‘Federal Old-Age and 11 Survivors Insurance Trust Fund’’ and in-12 serting ‘‘Social Security Trust Fund’’; and 13 (B) in subparagraph (C)— 14 (i) by striking ‘‘Secretary of Health 15 and Human Services’’ and inserting ‘‘Com-16 missioner of Social Security’’; and 17 (ii) by striking ‘‘Federal Disability In-18 surance Trust Fund’’ and inserting ‘‘Social 19 Security Trust Fund’’. 20 (4) R AILROAD RETIREMENT BOARD .—Section 7 21 of the Railroad Retirement Act of 1974 (45 U.S.C. 22 231f) is amended— 23 (A) in subsection (b)(2), by striking ‘‘Fed-24 eral Old-Age and Survivors Insurance Trust 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00096 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 97 •HR 4583 IH Fund and the Federal Disability Insurance 1 Trust Fund’’ and inserting ‘‘Social Security 2 Trust Fund’’; 3 (B) in subsection (c)(2)— 4 (i) by striking ‘‘Secretary of Health, 5 Education, and Welfare’’ each time it ap-6 pears and inserting ‘‘Commissioner of So-7 cial Security’’; and 8 (ii) by striking ‘‘Federal Old-Age and 9 Survivors Insurance Trust Fund, the Fed-10 eral Disability Insurance Trust Fund,’’ 11 each time it appears and inserting ‘‘Social 12 Security Trust Fund’’; and 13 (C) in subsection (c)(4), by striking ‘‘Fed-14 eral Old-Age and Survivors Insurance Trust 15 Fund, the Federal Disability Insurance Trust 16 Fund,’’ and inserting ‘‘Social Security Trust 17 Fund’’. 18 (g) R ULE OFCONSTRUCTION.—Effective beginning 19 on January 1, 2025, any reference in law (other than sec-20 tion 201(a) of the Social Security Act) to the ‘‘Federal 21 Old-Age and Survivors Insurance Trust Fund’’ or the 22 ‘‘Federal Disability Insurance Trust Fund’’ is deemed to 23 be a reference to the Social Security Trust Fund. 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00097 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 98 •HR 4583 IH (h) EFFECTIVEDATE.—The amendments made by 1 this section shall take effect on January 1, 2025. 2 TITLE III—STRENGTHENING 3 SERVICE DELIVERY 4 SEC. 301. CLARIFYING THE REQUIREMENT TO MAIL SOCIAL 5 SECURITY ACCOUNT STATEMENTS. 6 (a) I NGENERAL.—Section 1143 of the Social Secu-7 rity Act (42 U.S.C. 1320b–13) is amended— 8 (1) in subsection (a)(1), by adding at the end 9 the following: ‘‘Such statement shall be provided by 10 mail unless the requesting individual chooses elec-11 tronic delivery for that request.’’; and 12 (2) in subsection (c)(2)— 13 (A) by striking ‘‘Beginning not later than’’ 14 and inserting ‘‘(A) Beginning not later than’’; 15 (B) by inserting ‘‘by mail’’ after ‘‘provide’’; 16 and 17 (C) by adding at the end the following: 18 ‘‘(B) In any case in which an eligible individual de-19 scribed in subparagraph (A) responds to an annual inquiry 20 by the Commissioner relating to the mailing of the individ-21 ual’s statement by making an election that such statement 22 for such year be provided in electronic form only, the re-23 quirements of this paragraph shall be deemed to be satis-24 fied for such year with respect to the individual.’’. 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00098 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 99 •HR 4583 IH (b) EFFECTIVEDATE.—The amendments made by 1 subsection (a) shall apply with respect to Social Security 2 account statements required to be provided on or after 3 January 1, 2025. 4 SEC. 302. PREVENTING CLOSURE OF FIELD AND HEARING 5 OFFICES AND RESIDENT OR RURAL CONTACT 6 STATIONS. 7 (a) M ORATORIUM ON CLOSURE ORCONSOLIDATION 8 OFFIELD ORHEARINGOFFICES ORNEWLIMITATIONS 9 ONACCESS TOSUCHOFFICES.— 10 (1) I N GENERAL.—Except as provided in para-11 graphs (2) and (3), the Commissioner of Social Se-12 curity shall take no action on or after the date of 13 enactment of this Act to close or consolidate field or 14 hearing offices of the Social Security Administration 15 or to otherwise impose any new limitation on access 16 to such offices. 17 (2) E XCEPTION FOR EMERGENCY CLOSURES .— 18 Paragraph (1) shall not apply with respect to any 19 temporary action by the Commissioner to close or 20 otherwise limit access to field or hearing offices in 21 response to an emergency. 22 (3) C ESSATION OF MORATORIUM UPON REPORT 23 TO CONGRESS.—Paragraph (1) shall cease to be ef-24 fective 180 days after the Commissioner submits to 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00099 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 100 •HR 4583 IH the Committee on Ways and Means of the House of 1 Representatives and the Committee on Finance of 2 the Senate a detailed report outlining and justifying 3 the process for selecting field or hearing offices to be 4 closed or consolidated or otherwise to have limited 5 access. Such report shall include— 6 (A) an analysis of the criteria used for se-7 lecting field or hearing offices for closure, con-8 solidation, or limited access; 9 (B) a description of how the Commissioner 10 has analyzed and considered relevant factors, 11 including but not limited to transportation and 12 communication burdens faced by individuals 13 serviced by the offices, including elderly and 14 disabled citizens; and 15 (C) a description of any method of cost- 16 benefit analysis applied by the Commissioner in 17 connection with closures and consolidations of 18 field or hearing offices, and other limitations on 19 access to field or hearing offices, including any 20 analysis that takes into account— 21 (i) the anticipated savings resulting 22 from the closure, consolidation, or limita-23 tion on access; 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00100 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 101 •HR 4583 IH (ii) the anticipated costs associated 1 with replacing services lost by the closure, 2 consolidation, or limitation on access; 3 (iii) the anticipated effects on employ-4 ees of the offices affected; 5 (iv) how the loss of access resulting 6 from the closure, consolidation, or limita-7 tion on access will be replaced by the es-8 tablishment of a new field or hearing of-9 fice, increased access at a different office, 10 or some other means, and the factors con-11 sidered by the Commissioner in deter-12 mining how to replace such lost access; 13 and 14 (v) such other relevant factors as may 15 be determined by the Commissioner, in-16 cluding but not limited to transportation 17 and communication burdens faced by indi-18 viduals serviced by the offices, including el-19 derly and disabled citizens. 20 (b) R EQUIREMENTS FOR FUTURECLOSURES, CON-21 SOLIDATIONS, ANDNEWLIMITATIONS ONACCESS.— 22 (1) I N GENERAL.—Section 704 of the Social 23 Security Act (42 U.S.C. 904) is amended by adding 24 at the end the following new subsection: 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00101 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 102 •HR 4583 IH ‘‘Field and Hearing Offices 1 ‘‘(f)(1) Subject to paragraph (6), the Commissioner 2 may not close a field or hearing office of the Administra-3 tion, consolidate two or more such offices, or otherwise 4 impose any new limitation on public access to any such 5 office, unless the Commissioner complies with the require-6 ments of paragraphs (2), (3), (4), and (5) in connection 7 with the closure, consolidation, or limitation on public ac-8 cess. 9 ‘‘(2)(A) The requirements of this paragraph are met 10 in connection with a closure, consolidation, or new limita-11 tion on access referred to in paragraph (1) only if— 12 ‘‘(i) not later than 120 days before the date of 13 the closure, consolidation, or limitation on access, 14 the Commissioner provides effective public notice of 15 the proposed closure, consolidation, or limitation on 16 access (including, to the extent practicable, notice by 17 direct mailing and through community outlets such 18 as newspapers and posting in heavily frequented 19 public spaces) to individuals residing in the area 20 serviced by the affected office or offices; 21 ‘‘(ii) the public notice issued pursuant to clause 22 (i) includes information on— 23 ‘‘(I) how the Commissioner will, not later 24 than 30 days after the date of the closure, con-25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00102 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 103 •HR 4583 IH solidation, or limitation on access, replace the 1 loss in access resulting from the closure, con-2 solidation, or limitation on access by estab-3 lishing a new office, increasing public access to 4 a different office, or some other means; and 5 ‘‘(II) how to contact the Administration if 6 an individual experiences service delays or prob-7 lems as a result of the closure, consolidation, or 8 limitation on access; and 9 ‘‘(iii) not earlier than 30 days after the 10 issuance of public notice pursuant to clause (i) and 11 not later than 45 days before the date of the pro-12 posed closure, consolidation, or limitation on access, 13 the Commissioner conducts at least 2 public hear-14 ings (scheduled so that the first and last such hear-15 ings are separated by at least 10 days), at which the 16 Commissioner presents the justifications for the clo-17 sure, consolidation, or limitation on access described 18 in subparagraph (B) and provides for attendees an 19 opportunity to present their views regarding the pro-20 posed closure, consolidation, or limitation on access. 21 ‘‘(B) The justifications referred to in subparagraph 22 (A)(iii) shall consist of the following: 23 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00103 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 104 •HR 4583 IH ‘‘(i) an analysis of the criteria used for selecting 1 the field or hearing office or offices for closure, con-2 solidation, or limited access; 3 ‘‘(ii) a description of how the Commissioner has 4 analyzed and considered relevant factors, including 5 but not limited to transportation and communication 6 burdens faced by individuals serviced by the offices, 7 including elderly and disabled citizens; and 8 ‘‘(iii) a description of a method of cost-benefit 9 analysis which shall be applied by the Commissioner 10 in connection with the closure, consolidation, or limi-11 tation on access, and which shall take into ac-12 count— 13 ‘‘(I) the anticipated savings resulting from 14 the closure, consolidation, or limitation on ac-15 cess; 16 ‘‘(II) the anticipated costs associated with 17 replacing services lost by the closure, consolida-18 tion, or limitation on access; 19 ‘‘(III) the anticipated effects on employees 20 of the offices affected; and 21 ‘‘(IV) such other relevant factors as may 22 be determined by the Commissioner, including 23 but not limited to transportation and commu-24 nication burdens faced by individuals serviced 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00104 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 105 •HR 4583 IH by the offices, including elderly and disabled 1 citizens. 2 ‘‘(C) The notice provided pursuant to subparagraph 3 (A)(i) shall include notice of the time and place of the 4 public hearings to be conducted pursuant to clause (A)(iii) 5 and of the right of aggrieved individuals to appeal to the 6 Commissioner regarding the proposed closure, consolida-7 tion, or limitation on access pursuant to paragraph (4). 8 ‘‘(3) The requirements of this paragraph are met in 9 connection with a closure, consolidation, or limitation on 10 access referred to in paragraph (1) only if, not later than 11 30 days before the date of the proposed closure, consolida-12 tion, or limitation on access, the Commissioner submits 13 to the Committee on Ways and Means of the House of 14 Representatives, the Committee on Finance of the Senate, 15 and each Member of the Congress representing a State 16 or congressional district in which the affected office or of-17 fices are located a detailed final report in support of the 18 closure, consolidation, or limitation on access. Such report 19 shall include— 20 ‘‘(A) the justifications described in paragraph 21 (2)(B), (including any amendments made to such 22 justifications after the public hearings conducted 23 pursuant to paragraph (2)(A)); 24 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00105 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 106 •HR 4583 IH ‘‘(B) any findings made by the Commissioner 1 pursuant to the public hearings; 2 ‘‘(C) the status of any appeals regarding the 3 closure, consolidation, or new limitation on access 4 which were commenced pursuant to paragraph (4) 5 before the date of the report; 6 ‘‘(D) the final decision of the Commissioner re-7 garding the closure, consolidation, or new limitation 8 on access; and 9 ‘‘(E) such other information as the Commis-10 sioner considers relevant. 11 ‘‘(4)(A) Upon timely request by any individual who 12 makes a showing in writing described in subparagraph (B) 13 in connection with a proposed closure, consolidation, or 14 limitation on access referred to in subparagraph (A), the 15 Commissioner shall give such individual an opportunity for 16 a hearing with respect to the closure, consolidation, or lim-17 itation on access. The request for the hearing shall be con-18 sidered timely only if it is made not later than 30 days 19 before the proposed date of the closure, consolidation, or 20 limitation on access. The Commissioner shall submit to 21 the Committee on Ways and Means of the House of Rep-22 resentatives, the Committee on Finance of the Senate, and 23 each Member of the Congress representing a State or con-24 gressional district in which the affected office or offices 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00106 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 107 •HR 4583 IH are located the Commissioner’s findings based on the 1 hearing and a description of any action taken or to be 2 taken by the Commissioner on the basis of such findings. 3 ‘‘(B) A showing described in subparagraph (A) shall 4 consist of a showing that— 5 ‘‘(i) the determination of the Commissioner to 6 close a field or hearing office, consolidate field or 7 hearing offices, or impose a new limitation on access 8 to a field or hearing office is arbitrary, capricious, 9 an abuse of discretion, not in accordance with law, 10 or not based on substantial evidence; or 11 ‘‘(ii) the Commissioner has failed to observe 12 procedures required by law in connection with the 13 closure, consolidation, or new limitation on access. 14 ‘‘(5) The requirement of this paragraph is met in 15 connection with a closure, consolidation, or limitation on 16 access referred to in paragraph (1) only if such closure, 17 consolidation, or limitation on access will not result in the 18 total number of field or hearing offices of the Administra-19 tion falling below the total number of such offices that 20 were in operation on September 30, 2022. 21 ‘‘(6) Paragraph (1) shall not apply with respect to 22 any temporary action by the Commissioner to close or oth-23 erwise limit access to field or hearing offices in response 24 to an emergency.’’. 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00107 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 108 •HR 4583 IH (2) EFFECTIVE DATE.—The amendment made 1 by paragraph (1) of this subsection shall apply with 2 respect to closures and consolidations of field or 3 hearing offices and impositions of new limitations on 4 access to such offices occurring after the cessation 5 of the moratorium under subsection (a) of this sec-6 tion. 7 SEC. 303. ENSURING ACCESS TO PROFESSIONAL REP-8 RESENTATION. 9 (a) I NGENERAL.—Section 206(a)(2)(A) of the Social 10 Security Act (42 U.S.C. 406(a)(2)(A)) is amended by 11 striking ‘‘The Commissioner of Social Security shall’’ and 12 all that follows through the end and inserting the fol-13 lowing: ‘‘Notwithstanding the previous sentence, in the 14 case of an agreement described in this subparagraph en-15 tered into on or after the date of enactment of the Social 16 Security 2100 Act, there shall be substituted for the dollar 17 amount specified in clause (ii)(II) an amount equal to such 18 dollar amount (as increased pursuant to the previous sen-19 tence) in effect for the calendar year preceding such cal-20 endar year or, if larger, the product (rounded to the near-21 est dollar) of $4,000 and the ratio of the national average 22 wage index (as defined in section 209(k)(1)) for the sec-23 ond calendar year preceding such calendar year to the na-24 tional average wage index (as so defined) for 1989. Not 25 VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00108 Fmt 6652 Sfmt 6201 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS 109 •HR 4583 IH later than November 1 of each calendar year after 2022, 1 the Commissioner of Social Security shall publish in the 2 Federal Register the dollar amount applicable to agree-3 ments entered into in the succeeding calendar year.’’. 4 (b) C ONFORMINGAMENDMENT.—Section 209(k)(1) 5 of such Act (42 U.S.C. 409(k)(1)), as amended by sections 6 103(c) and 106(b), is further amended by inserting 7 ‘‘206(a)(2)(A),’’ after ‘‘203(f)(8)(B)(ii),’’. 8 (c) P UBLICATION OF TRANSITIONAMOUNT.—The 9 Commissioner of Social Security shall publish in the Fed-10 eral Register the dollar amount applicable to agreements 11 entered into during the portion of 2023 occurring on or 12 after the date of enactment of this Act not later than 3 13 months after such date of enactment. 14 (d) E FFECTIVEDATE.—The amendments made by 15 this section shall apply with respect to agreements entered 16 into on or after the date of enactment of this Act. 17 Æ VerDate Sep 11 2014 05:51 Aug 04, 2023 Jkt 039200 PO 00000 Frm 00109 Fmt 6652 Sfmt 6301 E:\BILLS\H4583.IH H4583 kjohnson on DSK79L0C42PROD with BILLS