H.R. 5987House111th Congress (2009-2011)Failed

Seniors Protection Act of 2010

Introduced July 30, 2010

Legislative Activity

Stay on top of the latest movement without scrolling through every action

13 earlier actions
HouseFloor Latest Action

On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 254 - 153 (Roll no. 611).

December 8, 2010 • 12:06 PM

View full timeline
HouseIntro Referral

Introduced in House

July 30, 2010

HouseIntro Referral

Sponsor introductory remarks on measure. (CR E1530)

July 30, 2010

HouseIntro Referral

Referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure, and Veterans' Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

July 30, 2010

HouseIntro Referral

Referred to House Ways and Means

July 30, 2010

HouseIntro Referral

Referred to House Transportation and Infrastructure

July 30, 2010

HouseIntro Referral

Referred to House Veterans' Affairs

July 30, 2010

HouseCommittee

Referred to the Subcommittee on Railroads, Pipelines, and Hazardous Materials.

August 2, 2010

HouseFloor

Mr. Pomeroy moved to suspend the rules and pass the bill, as amended.

December 8, 2010 • 10:29 AM

HouseFloor

Considered under suspension of the rules. (consideration: CR H8094-8100; text of measure as introduced: CR H8094-8096)

December 8, 2010 • 10:29 AM

HouseFloor

DEBATE - The House proceeded with forty minutes of debate on H.R. 5987.

December 8, 2010 • 10:29 AM

HouseFloor

At the conclusion of debate, the Yeas and Nays were demanded and ordered. Pursuant to the provisions of clause 8, rule XX, the Chair announced that further proceedings on the motion would be postponed.

December 8, 2010 • 10:51 AM

HouseFloor

Considered as unfinished business. (consideration: CR H8107-8108)

December 8, 2010 • 11:32 AM

HouseFloor

Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 254 - 153 (Roll no. 611).

December 8, 2010 • 12:06 PM

HouseFloor

On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 254 - 153 (Roll no. 611).

December 8, 2010 • 12:06 PM

Floor Debate

20 members

What members said about H.R. 5987 on the floor

1 Republican19 Democrats
Anthony D. Weiner
Rep. Anthony D. WeinerD-NY-9 · Dec 8, 2010

Thank you very much. I appreciate the sponsor of the legislation. Mr. Speaker, what it comes down to is that it is not as my good friend characterized it: throwing money away or giving money away.…

Earl Pomeroy
Rep. Earl PomeroyD-ND · Jul 30, 2010

Madam Speaker, I rise to introduce the Seniors Protection Act of 2010, H.R.5987. I am honored to be joined by many of my colleagues who have heard from senior citizens back home about the pressing…

Earl Pomeroy
Rep. Earl PomeroyD-ND · Dec 8, 2010

Mr. Speaker, I move to suspend the rules and pass the bill (H.R. 5987) to ensure that seniors, veterans, and people with disabilities who receive Social Security and certain other Federal benefits…

Jerry F. Costello
Rep. Jerry F. CostelloD-IL-12 · Dec 8, 2010

Mr. Speaker, I rise today in support of H.R. 5987, the Seniors Protection Act. When the Social Security Administration announced there would not be an automatic cost-of-living-adjustment (COLA) for…

Earl Pomeroy
Rep. Earl PomeroyD-ND · Dec 8, 2010

Mr. Speaker, I move to suspend the rules and pass the bill (S. 3789) to limit access to social security account numbers. Mr. Speaker, earlier this year, I introduced a bill with my friend, the…

Show 8 more
Mazie K. Hirono
Rep. Mazie K. HironoD-HI-2 · Dec 8, 2010

Mr. Speaker, I rise today in support of the Seniors Protection Act. I am an original cosponsor of this crucial legislation to provide Social Security recipients with a one-time $250 payment in 2011…

Sam Johnson
Rep. Sam JohnsonR-TX-3 · Dec 8, 2010

Mr. Speaker, you know, I hate references to what we are doing today to this. Bipartisan congressional efforts established the cost-of-living adjustment or COLA formula beginning in 1975 to make sure…

Sheila Jackson Lee
Rep. Sheila Jackson LeeD-TX-18 · Dec 8, 2010

Mr. Speaker, I rise today in strong support of H.R. 5987, ``Supporting the Seniors Protection Act of 2010.'' Let me begin by thanking my colleague Representative Earl Pomeroy for introducing this…

Sam Johnson
Rep. Sam JohnsonR-TX-3 · Dec 8, 2010

Mr. Speaker, I concur with all that's been said so far. You know, Americans worry about the security of their personal information, including their Social Security number, and I don't blame them.…

Gene Green
Rep. Gene GreenD-TX-29 · Dec 8, 2010

Let me first say I want to thank my colleague for bringing both these bills up, H.R. 5987 and also S. 3789. First let me talk about Congressman Pomeroy. He and I came to the Congress together in…

Peter A. DeFazio
Rep. Peter A. DeFazioD-OR-4 · Dec 8, 2010

I thank the gentleman for the time and thank him for his leadership on both the issues before us regarding Social Security. The protection of our Social Security numbers is vital. I once had a…

Lucille Roybal-Allard
Rep. Lucille Roybal-AllardD-CA-34 · Dec 18, 2010

Madam Speaker, I rise today in support of H.R. 5987, the Seniors Protection Act. H.R. 5987 would provide a one-time payment of $250 to 54 million American seniors, retired and disabled veterans, and…

Doris O. Matsui
Rep. Doris O. MatsuiD-CA-5 · Dec 8, 2010

Mr. Speaker, I rise today in strong support of H.R. 5987, the Seniors Protection Act of 2010. Social Security is a pillar of our society based on the premise that if you work hard and play by the…

Show 11 more
Dennis J. Kucinich
Rep. Dennis J. KucinichD-OH-10 · Dec 15, 2010

Mr. Speaker, I rise in strong support of H.R. 5987, the Seniors Protection Act of 2010. Earlier this year, the Social Security Administration announced that for the second year in a row, Social…

Dennis J. Kucinich
Rep. Dennis J. KucinichD-OH-10 · Dec 8, 2010

Mr. Speaker, I rise in strong support of H.R. 5987, the Seniors Protection Act of 2010. Earlier this year, the Social Security Administration announced that for the second year in a row, Social…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-14 · Dec 8, 2010

Mr. Speaker, I rise today as a strong supporter of ``The Seniors Protection Act.'' As we enter the second consecutive year without a cost-of-living adjustment for Social Security retirees and other…

James R. Langevin
Rep. James R. LangevinD-RI-2 · Dec 8, 2010

Mr. Speaker, I rise in strong support of the Seniors Protection Act. This bill will provide a $250 one-time payment to over 250,000 Rhode Islanders who will see no cost of living adjustment in their…

Bill Pascrell, Jr.
Rep. Bill Pascrell, Jr.D-NJ-8 · Dec 8, 2010

Mr. Speaker, the issue we come here to address today is not a Democratic or a Republican problem, but one facing each and every one of our nation's seniors in the Social Security program. Despite any…

Carolyn McCarthy
Rep. Carolyn McCarthyD-NY-4 · Dec 8, 2010

Mr. Speaker, today we are going to be voting on H.R. 5987, the Seniors Protection Act. For the second year in a row, our seniors have not received a cost- of-living increase for Social Security…

Joe Courtney
Rep. Joe CourtneyD-CT-2 · Dec 8, 2010

I want to thank Mr. Pomeroy for his leadership on this issue. Mr. Speaker, here is the reality today of rising prices for America's seniors and retired veterans. From October 2009 to October 2010,…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Dec 8, 2010

Mr. Speaker, H.R. 5897 was not the way to help Social Security beneficiaries deal with the financial difficulties facing so many. There is no doubt that millions of Americans have been hurt by this…

Kathy Castor
Rep. Kathy CastorD-FL-11 · Dec 8, 2010

I rise in strong support of the Seniors Protection Act, and I thank my colleague, Mr. Pomeroy from North Dakota, for his tremendous leadership. Mr. Speaker, my older neighbors throughout the Tampa…

David Loebsack
Rep. David LoebsackD-IA-2 · Dec 8, 2010

Thank you for yielding, Mr. Pomeroy, and for your great leadership on this issue as well. Mr. Speaker, what I hear time and again from Iowa seniors is that their expenses are rising. They pay too…

Debbie Wasserman Schultz
Rep. Debbie Wasserman SchultzD-FL-20 · Dec 9, 2010

Mr. Speaker, I rise today in support of H.R. 5987, the Seniors Protection Act. 2011 will mark the first time that Social Security retirees and other beneficiaries will receive no automatic cost of…

Bill Text

Latest available legislative text

Reading Mode
Latest
Introduced in HouseIssued July 30, 2010

I

111th CONGRESS

2d Session

H. R. 5987

IN THE HOUSE OF REPRESENTATIVES

July 30, 2010

Mr. Pomeroy (for himself, Ms. Titus, Mr. Klein of Florida, Ms. Giffords, Ms. Shea-Porter, Mr. Bright, Ms. Sutton, Ms. Kosmas, Mr. Critz, Mr. Deutch, Mr. Arcuri, Mr. Becerra, Ms. Berkley, Mr. Bishop of New York, Mr. Boren, Mr. Brady of Pennsylvania, Mrs. Capps, Ms. Castor of Florida, Ms. Clarke, Mr. Clay, Mr. Costa, Mr. Costello, Mr. Courtney, Mr. Crowley, Mr. Cummings, Mrs. Dahlkemper, Mr. Davis of Illinois, Mr. DeFazio, Ms. DeLauro, Mr. Driehaus, Ms. Edwards of Maryland, Mr. Ellison, Mr. Filner, Ms. Fudge, Mr. Garamendi, Mr. Gordon of Tennessee, Mr. Grayson, Mr. Grijalva, Mr. Hall of New York, Mr. Hare, Mr. Hastings of Florida, Mr. Hinchey, Ms. Hirono, Mr. Israel, Mr. Kagen, Ms. Kaptur, Ms. Kilpatrick of Michigan, Mrs. Kirkpatrick of Arizona, Mr. Kissell, Mr. Langevin, Mr. Larson of Connecticut, Ms. Lee of California, Mr. Levin, Mr. Lewis of Georgia, Mr. Loebsack, Mrs. Lowey, Mr. Lynch, Mrs. Maloney, Ms. Matsui, Mr. McIntyre, Mr. Michaud, Mr. George Miller of California, Ms. Moore of Wisconsin, Mr. Neal of Massachusetts, Mr. Oberstar, Mr. Ortiz, Mr. Perriello, Mr. Peters, Mr. Rahall, Mr. Rangel, Ms. Richardson, Mr. Rodriguez, Mr. Rothman of New Jersey, Mr. Sablan, Ms. Schakowsky, Mr. Schauer, Ms. Schwartz, Mr. Scott of Georgia, Mr. Stark, Mr. Towns, Ms. Tsongas, Mr. Walz, Mr. Wilson of Ohio, Mr. Yarmuth, and Mr. Meek of Florida) introduced the following bill; which was referred to the Committee on Ways and Means, and in addition to the Committees on Transportation and Infrastructure and Veterans’ Affairs, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

A BILL

To ensure that seniors, veterans, and people with disabilities who receive Social Security and certain other Federal benefits receive a one-time $250 payment in the event that no cost-of-living adjustment is payable in 2011.

1.

Short title

This Act may be cited as the Seniors Protection Act of 2010.

2.

Payment in lieu of a cost-of-living adjustment to recipients of social security, supplemental security income, railroad retirement benefits, and veterans disability compensation or pension benefits

(a)

Authority To Make Payments

(1)

Eligibility

(A)

In general

Subject to paragraph (5)(B), the Secretary of the Treasury shall disburse a $250 payment to each individual who, for any month during the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act, is entitled to a benefit payment described in clause (i), (ii), or (iii) of subparagraph (B) or is eligible for a SSI cash benefit described in subparagraph (C). Payments shall be made under this section only if no increase takes effect with the month of December 2010 under section 215(i) of the Social Security Act. In the case of an individual who is eligible for a payment under this subparagraph by reason of entitlement to a benefit described in subparagraph (B)(i), no such payment shall be made to such individual unless such individual was paid a benefit described in such subparagraph (B)(i) for any month in the 12-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act.

(B)

Benefit payment described

For purposes of subparagraph (A):

(i)

Title II benefit

A benefit payment described in this clause is a monthly insurance benefit payable (without regard to sections 202(j)(1) and 223(b) of the Social Security Act (42 U.S.C. 402(j)(1), 423(b)) under—

(I)

section 202(a) of such Act (42 U.S.C. 402(a));

(II)

section 202(b) of such Act (42 U.S.C. 402(b));

(III)

section 202(c) of such Act (42 U.S.C. 402(c));

(IV)

section 202(d)(1)(B)(ii) of such Act (42 U.S.C. 402(d)(1)(B)(ii));

(V)

section 202(e) of such Act (42 U.S.C. 402(e));

(VI)

section 202(f) of such Act (42 U.S.C. 402(f));

(VII)

section 202(g) of such Act (42 U.S.C. 402(g));

(VIII)

section 202(h) of such Act (42 U.S.C. 402(h));

(IX)

section 223(a) of such Act (42 U.S.C. 423(a));

(X)

section 227 of such Act (42 U.S.C. 427); or

(XI)

section 228 of such Act (42 U.S.C. 428).

(ii)

Railroad retirement benefit

A benefit payment described in this clause is a monthly annuity or pension payment payable (without regard to section 5(a)(ii) of the Railroad Retirement Act of 1974 (45 U.S.C. 231d(a)(ii))) under—

(I)

section 2(a)(1) of such Act (45 U.S.C. 231a(a)(1));

(II)

section 2(c) of such Act (45 U.S.C. 231a(c));

(III)

section 2(d)(1)(i) of such Act (45 U.S.C. 231a(d)(1)(i));

(IV)

section 2(d)(1)(ii) of such Act (45 U.S.C. 231a(d)(1)(ii));

(V)

section 2(d)(1)(iii)(C) of such Act to an adult disabled child (45 U.S.C. 231a(d)(1)(iii)(C));

(VI)

section 2(d)(1)(iv) of such Act (45 U.S.C. 231a(d)(1)(iv));

(VII)

section 2(d)(1)(v) of such Act (45 U.S.C. 231a(d)(1)(v)); or

(VIII)

section 7(b)(2) of such Act (45 U.S.C. 231f(b)(2)) with respect to any of the benefit payments described in clause (i) of this subparagraph.

(iii)

Veterans benefit

A benefit payment described in this clause is a compensation or pension payment payable under—

(I)

section 1110, 1117, 1121, 1131, 1141, or 1151 of title 38, United States Code;

(II)

section 1310, 1312, 1313, 1315, 1316, or 1318 of title 38, United States Code;

(III)

section 1513, 1521, 1533, 1536, 1537, 1541, 1542, or 1562 of title 38, United States Code; or

(IV)

section 1805, 1815, or 1821 of title 38, United States Code,

to a veteran, surviving spouse, child, or parent as described in paragraph (2), (3), (4)(A)(ii), or (5) of section 101, title 38, United States Code, who received that benefit during any month within the 3-month period ending with the month which ends prior to the month that includes the date of the enactment of this Act.
(C)

SSI cash benefit described

A SSI cash benefit described in this subparagraph is a cash benefit payable under section 1611 (other than under subsection (e)(1)(B) of such section) or 1619(a) of the Social Security Act (42 U.S.C. 1382, 1382h).

(2)

Requirement

A payment shall be made under paragraph (1) only to individuals who reside in 1 of the 50 States, the District of Columbia, Puerto Rico, Guam, the United States Virgin Islands, American Samoa, or the Northern Mariana Islands, or who are utilizing a foreign or domestic Army Post Office, Fleet Post Office, or Diplomatic Post Office address. For purposes of the preceding sentence, the determination of the individual's residence shall be based on the address of record, as of the date of certification under subsection (b) for a payment under this section under a program specified in paragraph (1).

(3)

No double payments

An individual shall be paid only 1 payment under this section, regardless of whether the individual is entitled to, or eligible for, more than 1 benefit or cash payment described in paragraph (1).

(4)

Limitation

A payment under this section shall not be made (or, in the case of subparagraph (D), shall not be due)—

(A)

in the case of an individual entitled to a benefit specified in paragraph (1)(B)(i) or paragraph (1)(B)(ii)(VIII) if—

(i)

for the most recent month of such individual's entitlement in the 3-month period described in paragraph (1); or

(ii)

for any month thereafter which is before the month after the month of the payment;

such individual's benefit under such paragraph was not payable by reason of subsection (x) or (y) of section 202 the Social Security Act (42 U.S.C. 402) or section 1129A of such Act (42 U.S.C. 1320a–8a);
(B)

in the case of an individual entitled to a benefit specified in paragraph (1)(B)(iii) if, for the most recent month of such individual's entitlement in the 3-month period described in paragraph (1), such individual's benefit under such paragraph was not payable, or was reduced, by reason of section 1505, 5313, or 5313B of title 38, United States Code;

(C)

in the case of an individual entitled to a benefit specified in paragraph (1)(C) if—

(i)

for such most recent month of such individual’s eligibility in the 3-month period described in paragraph (1); or

(ii)

for any month thereafter which is before the month after the month of the payment;

such individual's benefit under such paragraph was not payable by reason of subsection (e)(1)(A) or (e)(4) of section 1611 (42 U.S.C. 1382) or section 1129A of such Act (42 U.S.C. 1320a–8a); or
(D)

in the case of any individual whose date of death occurs—

(i)

before the date of the receipt of the payment; or

(ii)

in the case of a direct deposit, before the date on which such payment is deposited into such individual’s account.

In the case of any individual whose date of death occurs before a payment is negotiated (in the case of a check) or deposited (in the case of a direct deposit), such payment shall not be due and shall not be reissued to the estate of such individual or to any other person. Subparagraphs (A)(ii) and (C)(ii) shall apply only in the case of certifications under subsection (b) which are, or but for this paragraph would be, made after the date of the enactment of this Act, shall apply to such certifications without regard to the calendar year of the payments to which such certifications apply.
(5)

Timing and manner of payments

(A)

In general

The Secretary of the Treasury shall commence disbursing payments under this section at the earliest practicable date in 2011 prior to April 1, 2011. The Secretary of the Treasury may disburse any payment electronically to an individual in such manner as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of paragraph (1).

(B)

Deadline

No payments shall be disbursed under this section after December 31, 2011, regardless of any determinations of entitlement to, or eligibility for, such payments made after such date.

(b)

Identification of Recipients

The Commissioner of Social Security, the Railroad Retirement Board, and the Secretary of Veterans Affairs shall certify the individuals entitled to receive payments under this section and provide the Secretary of the Treasury with the information needed to disburse such payments. A certification of an individual shall be unaffected by any subsequent determination or redetermination of the individual's entitlement to, or eligibility for, a benefit specified in subparagraph (B) or (C) of subsection (a)(1) (except that such certification shall be affected by a determination that an individual is an individual described in subparagraph (A), (B), (C), or (D) of subsection (a)(4) during a period described in such subparagraphs), and no individual shall be certified to receive a payment under this section for a calendar year if such individual has at any time been denied certification for such a payment for such calendar year by reason of subparagraph (A)(ii) or (C)(ii) of subsection (a)(4) (unless such individual is subsequently determined not to have been an individual described in either such subparagraph at the time of such denial).

(c)

Treatment of Payments

(1)

Payment to be disregarded for purposes of all federal and federally assisted programs

A payment under subsection (a) shall not be regarded as income and shall not be regarded as a resource for the month of receipt and the following 9 months, for purposes of determining the eligibility of the recipient (or the recipient's spouse or family) for benefits or assistance, or the amount or extent of benefits or assistance, under any Federal program or under any State or local program financed in whole or in part with Federal funds.

(2)

Payment not considered income for purposes of taxation

A payment under subsection (a) shall not be considered as gross income for purposes of the Internal Revenue Code of 1986.

(3)

Payments protected from assignment

The provisions of sections 207 and 1631(d)(1) of the Social Security Act (42 U.S.C. 407, 1383(d)(1)), section 14(a) of the Railroad Retirement Act of 1974 (45 U.S.C. 231m(a)), and section 5301 of title 38, United States Code, shall apply to any payment made under subsection (a) as if such payment was a benefit payment or cash benefit to such individual under the applicable program described in subparagraph (B) or (C) of subsection (a)(1).

(4)

Payments subject to offset

Notwithstanding paragraph (3)—

(A)

any payment made under this section shall, in the case of a payment of a direct deposit which is made after the date of the enactment of this Act, be subject to the reclamation provisions under subpart B of part 210 of title 31, Code of Federal Regulations (relating to reclamation of benefit payments); and

(B)

any payment made under this section shall not, for purposes of section 3716 of title 31, United States Code, be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (B) or (C) of subsection (a)(1), and all amounts paid shall be subject to offset to collect delinquent debts.

(d)

Payment to Representative Payees and Fiduciaries

(1)

In general

In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual's representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment.

(2)

Applicability

(A)

Payment on the basis of a title II or SSI benefit

Section 1129(a)(3) of the Social Security Act (42 U.S.C. 1320a–8(a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(i) or (1)(C) of subsection (a) in the same manner as such section applies to a payment under title II or XVI of such Act.

(B)

Payment on the basis of a railroad retirement benefit

Section 13 of the Railroad Retirement Act (45 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act.

(C)

Payment on the basis of a veterans benefit

Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title.