H.R. 3459House109th Congress (2005-2007)In Committee

To amend title II of the Social Security Act to provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies.

Legislative Activity

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2 earlier actions

HouseCommittee Latest Action

Referred to the Subcommittee on Social Security.

Social Security Subcommittee

August 4, 2005

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HouseIntro Referral

Introduced in House

July 27, 2005

HouseIntro Referral

Referred to the House Committee on Ways and Means.

Ways and Means Committee

July 27, 2005

HouseCommittee

Referred to the Subcommittee on Social Security.

Social Security Subcommittee

August 4, 2005

Floor Debate

1 member

What members said about H.R. 3459 on the floor

1 Democrat

Rep. Grace F. NapolitanoD-CA-38 · May 25, 2005

Mr. Speaker, I rise today to recognize Asian Pacific Heritage Month and honor the Asian Pacific Americans who make such a positive impact in the state of California and my district. California is…

Mr. Speaker, I rise today to recognize Asian Pacific Heritage Month and honor the Asian Pacific Americans who make such a positive impact in the state of California and my district.

California is home to more Asian Pacific Americans--4.6 million--than any other state and it has also seen the greatest increase in this population since 2000. In my congressional district, more than 76,000 Asian Pacific Americans contribute to the vibrancy and diversity of our communities. Their effect in the community has also been felt on an economic level, including the many thriving small businesses they run. It has also been felt on a spiritual level, as a number of Buddhist temples--including the nation's largest in Hacienda Heights--has helped raise cultural awareness throughout our communities.

Since the early 1800's, Asian and Pacific Americans have been crucial to the development of our country. They helped build our transcontinental railroads and have fought for our nation, beginning with the Civil War. While our country wrongly imprisoned many Asian Americans in internment camps during World War II, Japanese Americans and Filipinos valiantly fought for this country and our freedom and continue to do so today.

It took our country much too long a time to apologize and compensate the Asian Americans that were wronged. And it is shameful that the United States continues to fail Filipino veterans by not keeping our promise to give them full veteran's benefits for their service. I am a proud cosponsor of H.R. 302, which would repeal the provisions that deny benefits for those who served our country, fought in the organized military forces of the Philippines and as Philippine Scouts in World War II.

As the chair of the Congressional Hispanic Caucus, I have also seen the same type of barriers placed before our Asian and Pacific American brothers and sisters that have troubled my fellow Latinos. We are working with the Tri-Caucus--consisting of the Congressional Hispanic Caucus, the Congressional Black Caucus and the Congressional Asian Pacific American Caucus--to close the gap in affordable health care coverage and accessibility that continues to heavily impact all of our communities. Together in the last session of Congress, we cosponsored the Healthcare Equality and Accountability Act, H.R. 3459, and expect to reintroduce the bill in the coming weeks. So many issues, especially dealing with healthcare, small business assistance and education difficulties for bilingual students, affect both of our communities.

I am committed to reducing the inequities for all our minority populations. As we celebrate our nation's Asian Pacific heritage this month, be assured I will continue to work year round to ensure future generations have the tools and opportunities they need to thrive.

Bill Text

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Introduced in HouseIssued July 27, 2005

109th CONGRESS

1st Session

H. R. 3459

IN THE HOUSE OF REPRESENTATIVES

July 27, 2005

Mr. Andrews 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 provide that a monthly insurance benefit thereunder shall be paid for the month in which the recipient dies.

Payment of benefits for month of recipient’s death

(a)

Old-Age insurance benefits

Section 202(a) of the Social Security Act (42 U.S.C. 402(a)) is amended by striking the month preceding in the matter following subparagraph (B).

(b)

Wife’s insurance benefits

(1)

In general

Section 202(b)(1) of such Act (42 U.S.C. 402(b)(1)) is amended—

(A)

by striking and ending with the month in the matter immediately following clause (ii) and inserting and ending with the month in which she dies or (if earlier) with the month;

(B)

by striking subparagraph (E); and

(C)

by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively.

(2)

Conforming amendment

Section 202(b)(5)(B) of such Act (42 U.S.C. 402(b)(5)(B)) is amended by striking (E), (F), (H), or (J) and inserting (E), (G), or (I).

(c)

Husband’s insurance benefits

(1)

In general

Section 202(c)(1) of such Act (42 U.S.C. 402(c)(1)) is amended—

(A)

by striking and ending with the month in the matter immediately following clause (ii) and inserting and ending with the month in which he dies or (if earlier) with the month;

(B)

by striking subparagraph (E); and

(C)

by redesignating subparagraphs (F) through (K) as subparagraphs (E) through (J), respectively.

(2)

Conforming amendment

Section 202(c)(5)(B) of such Act (42 U.S.C. 402(c)(5)(B)) is amended by striking (E), (F), (H), or (J) and inserting (E), (G), or (I).

(d)

Child’s insurance benefits

Section 202(d)(1) of such Act (42 U.S.C. 402(d)(1)) is amended—

(1)

by striking and ending with the month in the matter immediately preceding subparagraph (D) and inserting and ending with the month in which such child dies or (if earlier) with the month; and

(2)

by striking dies, or in subparagraph (D).

(e)

Widow’s insurance benefits

Section 202(e)(1) of such Act (42 U.S.C. 402(e)(1)) is amended by striking ending with the month preceding the first month in which any of the following occurs: she remarries, dies, in the matter following subparagraph (F) and inserting ending with the month in which she dies or (if earlier) with the month preceding the first month in which any of the following occurs: she remarries, or.

(f)

Widower’s insurance benefits

Section 202(f)(1) of such Act (42 U.S.C. 402(f)(1)) is amended by striking ending with the month preceding the first month in which any of the following occurs: he remarries, dies, in the matter following subparagraph (F) and inserting ending with the month in which he dies or (if earlier) with the month preceding the first month in which any of the following occurs: he remarries,.

(g)

Mother’s and father’s insurance benefits

Section 202(g)(1) of such Act (42 U.S.C. 402(g)(1)) is amended—

(1)

by inserting with the month in which he or she dies or (if earlier) after and ending in the matter following subparagraph (F); and

(2)

by striking he or she remarries, or he or she dies and inserting or he or she remarries.

(h)

Parent’s insurance benefits

Section 202(h)(1) of such Act (42 U.S.C. 402(h)(1)) is amended by striking ending with the month preceding the first month in which any of the following occurs: such parent dies, marries, in the matter following subparagraph (E) and inserting ending with the month in which such parent dies or (if earlier) with the month preceding the first month in which any of the following occurs: such parent marries,.

(i)

Disability insurance benefits

Section 223(a)(1) of such Act (42 U.S.C. 423(a)(1)) is amended by striking ending with the month preceding whichever of the following months is the earliest: the month in which he dies, in the matter following subparagraph (D) and inserting the following: ending with the month in which he dies or (if earlier) with whichever of the following months is the earliest:.

(j)

Benefits at age 72 for certain uninsured individuals

Section 228(a) of such Act (42 U.S.C. 428(a)) is amended by striking the month preceding in the matter following paragraph (4).

(k)

Exemption from maximum benefit cap

Section 203 of such Act (42 U.S.C. 403) is amended by adding at the end the following new subsection:

(m)

Exemption from maximum benefit cap

Notwithstanding any other provision of this section, the application of this section shall be made without regard to any benefit of an individual under section 202, 223, or 228 for the month in which such individual dies.

Effective date

The amendments made by this Act shall apply with respect to deaths occurring after 180 days after the date of the enactment of this Act.