EMPSA Act

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1757 Introduced in House (IH)]

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119th CONGRESS
  1st Session
                                H. R. 1757

   To amend title XVI of the Social Security Act to provide that the 
 supplemental security income benefits of adults with intellectual or 
 developmental disabilities shall not be reduced by reason of marriage.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 27, 2025

    Mr. Valadao (for himself and Ms. Lee of Nevada) introduced the 
 following bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
   To amend title XVI of the Social Security Act to provide that the 
 supplemental security income benefits of adults with intellectual or 
 developmental disabilities shall not be reduced by reason of marriage.

    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 ``Eliminating the Marriage Penalty in 
SSI Act'' or the ``EMPSA Act''.

SEC. 2. SUPPLEMENTAL SECURITY INCOME BENEFITS.

    (a) Eligibility for Benefits.--Section 1611(a) of the Social 
Security Act (42 U.S.C. 1382(a)) is amended by adding at the end the 
following:
    ``(4) Notwithstanding paragraphs (1) and (2) of this subsection, 
each individual who has attained 18 years of age, who is diagnosed with 
an intellectual or developmental disability, whose income, other than 
income excluded pursuant to section 1612(b), is at not more than the 
rate in effect for purposes of paragraph (1)(A) of this subsection, and 
whose resources, other than resources excluded pursuant to section 
1613(a), are not more than the applicable amount in effect for purposes 
of paragraph (3)(B) of this subsection, shall be an eligible individual 
for purposes of this title.''.
    (b) Amount of Benefit.--Section 1611(b) of such Act (42 U.S.C. 
1382(b)) is amended by adding at the end the following:
    ``(3) Notwithstanding paragraphs (1) and (2) of this subsection, 
the benefit under this title for an individual described in subsection 
(a)(4) of this section, whether or not the individual has an eligible 
spouse, shall be payable at the rate in effect for purposes of such 
paragraph (1), reduced by the amount of income, not excluded pursuant 
to section 1612(b), of the individual.''.
    (c) Income and Resource Deeming Rules.--Section 1614(f) of such Act 
(42 U.S.C. 1382c(f)) is amended by adding at the end the following:
    ``(5) Notwithstanding paragraph (1) of this subsection, for 
purposes of determining eligibility for, and the amount of, benefits 
for an individual described in section 1611(a)(4) who is married, the 
income and resources of the individual is deemed to not include any 
income or resources of the spouse.''.
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