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[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. 4910 Introduced in Senate (IS)]
<DOC>
118th CONGRESS
2d Session
S. 4910
To direct Federal agencies to provide information on ABLE accounts and
to provide grants for increasing awareness of ABLE accounts.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
July 31, 2024
Mr. Casey (for himself, Ms. Hirono, Mr. Wyden, Mr. Welch, Mr. Van
Hollen, Ms. Klobuchar, Mr. Sanders, and Ms. Duckworth) introduced the
following bill; which was read twice and referred to the Committee on
Finance
_______________________________________________________________________
A BILL
To direct Federal agencies to provide information on ABLE accounts and
to provide grants for increasing awareness of ABLE accounts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``ABLE Awareness Act''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) 2024 is the ten-year anniversary of the passage of the
Stephen Beck, Jr., Achieving a Better Life Experience Act of
2014 that made it possible for individuals with disabilities to
save for qualified disability expenses using ABLE accounts.
(2) As of March 2024, there were over 171,000 ABLE accounts
nationwide, with almost $2,000,000,000 invested in those
accounts.
(3) There are an estimated 8,000,000 Americans eligible for
ABLE accounts under the current eligibility requirements, and
another 6,000,000 people will be eligible when the eligibility
limitation for the age at which the disability occurred
increases to age 46.
(4) Of the 14,000,000 people who will be eligible to open
ABLE accounts in 2026, approximately 2,200,000 are veterans.
(5) Only 1.2 percent of people who are eligible and could
open an ABLE have done so.
(6) The benefits of ABLE accounts should be available to
more than the existing 171,000 account holders.
SEC. 3. PURPOSE.
The purposes of this Act are--
(1) to direct Federal agencies to inform people with
disabilities about ABLE programs when first enroll in certain
programs; and
(2) to provide States and regions with resources to
advertise the ABLE program as the eligibility requirements
expand to include millions more people in 2026.
SEC. 4. DIRECTING AGENCIES TO INFORM PEOPLE WITH DISABILITIES ABOUT
ABLE ACCOUNTS.
(a) Social Security Administration.--
(1) In general.--Beginning 180 days after the date of
enactment of this Act, the Commissioner of Social Security
shall provide the information described in paragraph (3) to any
individual who is receiving any of the following on or after
such date:
(A) A supplemental security income benefit under
title XVI of the Social Security Act (42 U.S.C. 1381 et
seq.).
(B) A disability insurance benefit under section
223 of the Social Security Act (42 U.S.C. 423).
(C) A monthly insurance benefit under section 202
of the Social Security Act (42 U.S.C. 402) based on
such individual's disability (as defined in section
223(d) of such Act (42 U.S.C. 423(d)).
(2) Provision of information upon redetermination or
overpayment.--Beginning 180 days after the date of enactment of
this Act, the Commissioner of Social Security shall, in
addition to providing the information described in paragraph
(3) in accordance with paragraph (1), provide such information
to any individual receiving a benefit described in paragraph
(1)--
(A) whenever such individual's eligibility for such
benefit is redetermined; and
(B) whenever such individual is found to have
received an overpayment of such benefits due to the
individual having resources that exceed the amount
established under subparagraph (A) or (B) of section
1611(a)(3) of the Social Security Act (42 U.S.C.
1382(a)(3)), as applicable to the individual.
(3) Information on able accounts.--The information
described in this paragraph is the following:
(A) Information on the existence of--
(i) qualified ABLE programs as defined in
section 529A of the Internal Revenue Code of
1986; and
(ii) resources for people with
disabilities, such as the ABLE National
Resource Center, the National Association of
State Treasurers, and ABLE Today.
(B) Instructions on how to open an ABLE account (as
defined in section 529A of the Internal Revenue Code of
1986).
(b) Department of Veterans Affairs.--
(1) In general.--Chapter 63 of title 38, United States
Code, is amended by adding at the end the following new
section:
``Sec. 6321. ABLE programs
``The Secretary shall inform each individual who enrolls in a
program carried out under the laws administered by the Secretary about
the existence of qualified ABLE programs (as defined in section 529A of
the Internal Revenue Code of 1986) and resources for people with
disabilities, such as the ABLE National Resource Center, the National
Association of State Treasurers, and ABLE Today, at the time of such
enrollment.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 63 of such title is amended by adding at
the end the following new item:
``6321. ABLE programs.''.
(c) Department of Housing and Urban Development.--
(1) Definition.--In this subsection, the term ``covered
housing program'' means--
(A) the program for supportive housing for persons
with disabilities under section 811 of the Cranston-
Gonzalez National Affordable Housing Act (42 U.S.C.
8013); and
(B) the tenant-based assistance program under
section 8(o) of the United States Housing Act of 1937
(42 U.S.C. 1437f(o)).
(2) Requirement.--The Secretary of Housing and Urban
Development shall ensure that when a family or an individual
enrolls in a covered housing program or otherwise begins to
occupy housing assisted by a covered housing program, the
family or individual is informed about--
(A) the existence of qualified ABLE programs as
defined in section 529A of the Internal Revenue Code of
1986; and
(B) resources for people with disabilities, such as
the ABLE National Resource Center, the National
Association of State Treasurers, and ABLE Today.
(d) Chapter 85 of Title 41, United States Code.--Section 8503(d) of
title 41, United States Code, is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(3) shall provide regulations providing that, when a
qualified nonprofit agency that produces a product or services
for the Federal Government under subsection (c) enrolls an
individual in a program to produce the product or services, the
agency shall inform the individual about--
``(A) the existence of qualified ABLE programs as
defined in section 529A of the Internal Revenue Code of
1986; and
``(B) resources for people with disabilities, such
as the ABLE National Resource Center, the National
Association of State Treasurers, and ABLE Today.''.
(e) State Medicaid and CHIP Agencies.--
(1) Medicaid.--Section 1902(a) of the Social Security Act
(42 U.S.C. 1396a(a)) is amended--
(A) in paragraph (86), by striking ``; and'' and
inserting a semicolon;
(B) in paragraph (87), by striking the period at
the end and inserting ``; and''; and
(C) by inserting after paragraph (87) the following
new paragraph:
``(88) provide that the State will inform any individual
who enrolls for medical assistance under the State plan (or
under a waiver of such plan) about the existence of qualified
ABLE programs as defined in section 529A of the Internal
Revenue Code of 1986, and resources for people with
disabilities, such as the ABLE National Resources Center, the
National Association of State Treasurers, and ABLE Today, when
they first enroll for such assistance.''.
(2) CHIP.--Section 2107(e)(1) of the Social Security Act
(42 U.S.C. 1397gg(e)(1)) is amended--
(A) by redesignating subparagraphs (H) through (U)
as subparagraphs (I) through (V), respectively; and
(B) by inserting after subparagraph (G) the
following new subparagraph:
``(H) Section 1902(a)(88) (relating to the
provision of information about ABLE accounts to
individuals when they first enroll for medical
assistance).''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date that is 180 days after the date
of enactment of this Act.
(f) State TANF Agencies.--
(1) In general.--Section 408(a) of the Social Security Act
(42 U.S.C. 608(a)) is amended by adding at the end the
following new paragraph:
``(13) State requirement to provide information about able
accounts.--Beginning 180 days after the date of enactment of
the ABLE Awareness Act, a State to which a grant is made under
section 403 shall provide information about the existence of
qualified ABLE programs as defined in section 529A of the
Internal Revenue Code of 1986, and resources for people with
disabilities, such as the ABLE National Resources Center, the
National Association of State Treasurers, and ABLE Today, to
any family receiving or applying for assistance under such
grant.''.
(2) State plan requirement.--Section 402(a)(1)(B) of the
Social Security Act (42 U.S.C. 602(a)(1)(B)) is amended by
adding at the end the following new clause:
``(vi) The document shall include
information about how the State will provide
information about qualified ABLE programs to
individuals as required under section
408(a)(13).''.
(g) Nutrition Assistance Programs.--Each State shall inform people
with disabilities (as defined in section 3 of the Americans with
Disabilities Act of 1990 (42 U.S.C. 12102)) about the existence of
qualified ABLE programs (as defined in section 529A of the Internal
Revenue Code of 1986), and resources for people with disabilities, such
as the ABLE National Resource Center, the National Association of State
Treasurers, and ABLE Today, on enrollment in any means-tested nutrition
assistance program of the Department of Agriculture or the Department
of Defense, including--
(1) the supplemental nutrition assistance program
established under the Food and Nutrition Act of 2008 (7 U.S.C.
2011 et seq.); and
(2) the special supplemental nutrition program for women,
infants, and children established by section 17 of the Child
Nutrition Act of 1966 (42 U.S.C. 1786).
(h) Rehabilitation Act of 1973.--Section 101(a) of the
Rehabilitation Act of 1973 (29 U.S.C. 721(a)) is amended by adding at
the end the following:
``(27) Information on able programs.--The State plan shall
provide that, when an individual with a disability (as defined
in section 7(20)(A)) enrolls in a vocational rehabilitation
program, the designated State unit shall inform the person
about--
``(A) the existence of qualified ABLE programs as
defined in section 529A of the Internal Revenue Code of
1986; and
``(B) resources for individuals with disabilities,
such as the ABLE National Resource Center, the National
Association of State Treasurers, and ABLE Today.''.
(i) Medicare.--Beginning 180 days after the date of enactment of
this Act, the Secretary of Health and Human Services shall provide the
information described in subsection (a)(3)(A) to any individual
entitled to benefits under title XVIII of the Social Security Act (42
U.S.C. 1395 et seq.) by reason of section 1811(2) of such Act (42
U.S.C. 1395c(2)) at the time such individual becomes entitled to such
benefits.
SEC. 5. ABLE AWARENESS GRANTS.
(a) In General.--The Secretary may award grants to eligible
entities for the purposes of promoting the availability of ABLE
programs and their benefits and encouraging the establishment of ABLE
accounts for eligible individuals.
(b) Eligible Entity.--For purposes of this section, the term
``eligible entity'' means--
(1) any State, or any agency or instrumentality thereof;
(2) an Indian tribal government or any subdivision thereof;
or
(3) any consortium of entities described in paragraph (1)
or (2).
(c) Awarding Grants.--
(1) Application.--An eligible entity desiring a grant under
this section shall submit to the Secretary an application at
such time, in such manner, and containing or accompanied by
such information, as the Secretary may reasonably require.
(2) Data collection and reporting.--The Secretary may not
award a grant under this section unless the eligible entity
agrees to collect data on the number of ABLE accounts
established as a result of activities carried out with the
grant funds.
(d) Use of Funds.--
(1) In general.--An eligible entity receiving a grant under
this section shall use the grant to increase awareness of ABLE
accounts and to provide information on how to enroll in such
accounts.
(2) Activities.--An eligible entity may use a grant under
this section for--
(A) media buys;
(B) conferences, meetings, canvassing, and
recruitment; and
(C) other activities to promote the availability
and establishment of ABLE accounts.
(e) Other Terms.--For purposes of this section:
(1) ABLE program; able account; eligible individual.--The
terms ``ABLE program'', ``ABLE account'', and ``eligible
individual'' have the respective meaning given such terms under
section 529A of the Internal Revenue Code of 1986.
(2) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury or the Secretary's delegate.
(3) State.--The term ``State'' includes any territory or
possession of the United States.
(f) Authorization of Appropriations.--There is authorized to be
appropriated to carry out this section $50,000,000 for each of fiscal
years 2025 through 2029.
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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