Purple Heart Freedom to Work Act

I 116TH CONGRESS 1ST SESSION H. R. 2655 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 9, 2019 Mr. AUSTIN SCOTT of Georgia (for himself, Mr. GARAMENDI, Mr. PANETTA, Mrs. HARTZLER, and Mr. CRAWFORD) 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 SEC. 2. DISABILITY BENEFIT OFFSET FOR PURPLE HEART 6 RECIPIENTS. 7 (a) IN GENERAL.—Section 223(e) of such Act (42 8 U.S.C. 423(e)) is amended— 9 VerDate Sep 11 2014 05:44 May 22, 2019 Jkt 089200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H2655.IH H2655 kjohnson on DSK79L0C42 with BILLS 2 •HR 2655 IH (1) in paragraph (1), by striking ‘‘(1) No ben- 1 efit’’ and inserting ‘‘(1) (A) Except as provided in 2 paragraph (2), No benefit’’; 3 (2) in paragraph (2)— 4 (A) by striking ‘‘(2) No benefit’’ and in- 5 serting ‘‘(B) No benefit’’; and 6 (B) by striking ‘‘paragraph (1)’’ and in- 7 serting ‘‘subparagraph (A)’’; and 8 (3) by adding at the end the following: 9 ‘‘(2)(A) Notwithstanding subsection (a)(1) of this 10 section, in any case in which an individual is entitled to 11 a monthly insurance benefit under such subsection based 12 on a disability that is attributable to an injury for which 13 the individual was awarded the Purple Heart, such indi- 14 vidual shall be deemed to continue to be entitled to such 15 benefit without regard to the individual’s termination 16 month, except that payment of such benefit for any month 17 shall be subject to the reduction described in subpara- 18 graph (B). 19 ‘‘(B)(i) Any benefit described in subparagraph (A) 20 otherwise payable to an individual described in such sub- 21 paragraph for a month shall be reduced by $1 for each 22 $4 by which the individual’s earnings derived from services 23 for such month exceeds the amount specified for such 24 VerDate Sep 11 2014 05:44 May 22, 2019 Jkt 089200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2655.IH H2655 kjohnson on DSK79L0C42 with BILLS 3 •HR 2655 IH month in clause (ii), except that such benefit may not be 1 reduced below $0. 2 ‘‘(ii) The amount specified in this clause with respect 3 to an individual for a month is the amount of earnings 4 derived from services, applicable to the individual for such 5 month under subsection (d)(4)(A), sufficient to dem- 6 onstrate the individual’s ability to engage in substantial 7 gainful activity. 8 ‘‘(C) In the case of a benefit otherwise payable to 9 an individual for a month under section 202 on the basis 10 of the wages and self-employment income of an individual 11 whose benefit is reduced pursuant to subparagraph (B), 12 such benefit shall be reduced for such month by the same 13 proportion as the reduction made pursuant to subpara- 14 graph (B).’’. 15 (b) CONFORMING AMENDMENTS.—Section 223(a)(2) 16 of such Act (42 U.S.C. 423(a)(2)) is amended by striking 17 ‘‘and section 215(b)(2)(A)(ii)’’ and inserting ‘‘, section 18 215(b)(2)(A)(ii), and subsection (e) of this section’’. 19 (c) EFFECTIVE DATE.—The amendments made by 20 this section shall apply with respect to benefits payable 21 for months beginning after the date that is 6 months after 22 the date of the enactment of this Act. 23 VerDate Sep 11 2014 05:44 May 22, 2019 Jkt 089200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H2655.IH H2655 kjohnson on DSK79L0C42 with BILLS 4 •HR 2655 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 this subsection (a) shall apply with respect to benefits pay- 11 able for months beginning after the date that is 6 months 12 after the date of the enactment of this Act. 13 Æ VerDate Sep 11 2014 05:44 May 22, 2019 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6301 E:\BILLS\H2655.IH H2655 kjohnson on DSK79L0C42 with BILLS