Purple Heart Freedom to Work Act

I 117TH CONGRESS 1ST SESSION H. R. 3443 To amend title II of the Social Security Act to establish a disability benefit offset for Purple Heart recipients, and for other purposes. IN THE HOUSE OF REPRESENTATIVES MAY 20, 2021 Mr. AUSTIN SCOTT of Georgia (for himself, Mr. BISHOP of Georgia, Mr. TUR- NER, Mr. KIM of New Jersey, Mr. ALLEN, Mr. DESJARLAIS, Mr. STEW- ART, Mr. VAN DREW, Mr. HUDSON, Mr. RICE of South Carolina, Mr. KELLY of Mississippi, Mr. MCHENRY, Mr. TAYLOR, Mr. LAMB, Mr. C. SCOTT FRANKLIN of Florida, Mr. BACON, Mr. GOHMERT, Mr. BUCHANAN, Mr. HICE of Georgia, Mr. NORMAN, Mr. PALAZZO, Mrs. RODGERS of Washington, and Mr. WALTZ) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to establish a disability benefit offset for Purple Heart recipients, and for other purposes. 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 ‘‘Purple Heart Freedom 4 to Work Act’’. 5 VerDate Sep 11 2014 19:42 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H3443.IH H3443 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 3443 IH SEC. 2. DISABILITY BENEFIT OFFSET FOR PURPLE HEART 1 RECIPIENTS. 2 (a) IN GENERAL.—Section 223(e) of the Social Secu- 3 rity Act (42 U.S.C. 423(e)) is amended— 4 (1) in paragraph (1), by striking ‘‘(1) No ben- 5 efit’’ and inserting ‘‘(1)(A) Except as provided in 6 paragraph (2), No benefit’’; 7 (2) in paragraph (2)— 8 (A) by striking ‘‘(2) No benefit’’ and in- 9 serting ‘‘(B) No benefit’’; and 10 (B) by striking ‘‘paragraph (1)’’ and in- 11 serting ‘‘subparagraph (A)’’; and 12 (3) by adding at the end the following: 13 ‘‘(2)(A) Notwithstanding subsection (a)(1) of this 14 section, in any case in which an individual is entitled to 15 a monthly insurance benefit under such subsection based 16 on a disability that is attributable to an injury for which 17 the individual was awarded the Purple Heart, such indi- 18 vidual shall be deemed to continue to be entitled to such 19 benefit without regard to the individual’s termination 20 month, except that payment of such benefit for any month 21 shall be subject to the reduction described in subpara- 22 graph (B). 23 ‘‘(B)(i) Any benefit described in subparagraph (A) 24 otherwise payable to an individual described in such sub- 25 paragraph for a month shall be reduced by $1 for each 26 VerDate Sep 11 2014 19:42 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H3443.IH H3443 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 3443 IH $4 by which the individual’s earnings derived from services 1 for such month exceeds the amount specified for such 2 month in clause (ii), except that such benefit may not be 3 reduced below $0. 4 ‘‘(ii) The amount specified in this clause with respect 5 to an individual for a month is the amount of earnings 6 derived from services, applicable to the individual for such 7 month under subsection (d)(4)(A), sufficient to dem- 8 onstrate the individual’s ability to engage in substantial 9 gainful activity. 10 ‘‘(C) In the case of a benefit otherwise payable to 11 an individual for a month under section 202 on the basis 12 of the wages and self-employment income of an individual 13 whose benefit is reduced pursuant to subparagraph (B), 14 such benefit shall be reduced for such month by the same 15 proportion as the reduction made pursuant to subpara- 16 graph (B).’’. 17 (b) CONFORMING AMENDMENTS.—Section 223(a)(2) 18 of such Act (42 U.S.C. 423(a)(2)) is amended by striking 19 ‘‘and section 215(b)(2)(A)(ii)’’ and inserting ‘‘, section 20 215(b)(2)(A)(ii), and subsection (e) of this section’’. 21 (c) EFFECTIVE DATE.—The amendments made by 22 this section shall apply with respect to benefits payable 23 for months beginning after the date that is 6 months after 24 the date of the enactment of this Act. 25 VerDate Sep 11 2014 19:42 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H3443.IH H3443 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 3443 IH SEC. 3. APPLICATION OF HIGHER SGA AMOUNT FOR PUR- 1 PLE HEART RECIPIENTS. 2 (a) IN GENERAL.—Section 223(d)(4)(A) of the Social 3 Security Act (42 U.S.C. 423(d)(4)(A)) is amended by in- 4 serting after ‘‘who is blind’’ the following: ‘‘or who is enti- 5 tled to a monthly insurance benefit under subsection 6 (a)(1) based on a disability that is attributable to an in- 7 jury for which the individual was awarded the Purple 8 Heart’’. 9 (b) EFFECTIVE DATE.—The amendments made by 10 subsection (a) shall apply with respect to benefits payable 11 for months beginning after the date that is 6 months after 12 the date of the enactment of this Act. 13 Æ VerDate Sep 11 2014 19:42 Jul 07, 2021 Jkt 019200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H3443.IH H3443 pamtmann on DSKBC07HB2PROD with BILLS