EMPSA Act

Bill Number

H.R. 1757

Origin Chamber

House

Congress

119th Congress, Session 1

Policy Area

Social Welfare

Status

Introduced

Latest Action

2025-02-27: Referred to the House Committee on Ways and Means.

Last Updated

2026-06-10T08:08:03Z

AI-Generated Summary

Purpose

The legislation, titled the "Eliminating the Marriage Penalty in SSI Act" (EMPSA Act), aims to remove the reduction in Supplemental Security Income (SSI) benefits for adults with intellectual or developmental disabilities (IDD) when they marry. SSI is a federal program that provides financial assistance to low-income individuals who are elderly, blind, or disabled. Currently, marriage can lower or eliminate these benefits by considering a spouse's income and assets, creating a "marriage penalty." This bill ensures that such individuals can marry without facing this penalty.

Key Provisions

• Eligibility for Benefits (Section 1611(a)(4) of the Social Security Act): Adults aged 18 or older diagnosed with IDD qualify for SSI if their own income (excluding certain types like food stamps) is at or below the federal benefit rate, and their resources (assets like savings) are within the program's limits. Spouse's income and resources are not factored in.
• Benefit Amount (Section 1611(b)(3)): The SSI payment for eligible individuals with IDD is set at the standard individual rate, minus only the individual's countable income. This applies whether the person is single or married, ignoring the spouse's situation.
• Income and Resource Rules (Section 1614(f)(5)): For married individuals with IDD, the spouse's income and resources are not "deemed" (automatically attributed) to the individual when calculating eligibility or benefit amounts.

Significant Changes to Existing Law

• Under current SSI rules, a married person's benefits are calculated based on the couple's combined income and resources, often reducing payments if the spouse earns more or has assets. This bill creates an exception for adults with IDD, treating them as if they were single for these purposes.
• The changes apply only to those diagnosed with IDD after age 18 and do not alter general SSI rules for other recipients.

Potential Impacts

• On Citizens: Enables adults with IDD to marry without financial disincentives, potentially improving quality of life, family stability, and access to support services. It may reduce poverty risks for these individuals and their families by preserving full SSI benefits.
• On Government Agencies: The Social Security Administration (SSA), which runs SSI, may see a modest increase in program costs due to higher benefit payouts for married recipients. Administrative changes would be needed to verify IDD diagnoses and apply the new rules, but no major overhaul is required.
• On International Relations: No direct impacts, as this is a domestic welfare policy.

Main Stakeholders Affected

• Adults with Intellectual or Developmental Disabilities: Primary beneficiaries, gaining protection against benefit loss due to marriage.
• Spouses and Families: Indirectly affected, as marriages become more feasible without economic barriers, potentially strengthening family units.
• Social Security Administration (SSA): Responsible for implementing and enforcing the changes, including eligibility determinations.
• Advocacy Groups for Disabilities: Likely to support the bill, as it advances rights for people with IDD.

Notable Legal, Constitutional, or Political Implications

• Legal: Reinforces anti-discrimination principles in federal benefits programs by addressing how marital status affects disabled individuals, aligning with broader interpretations of the Americans with Disabilities Act (ADA), which prohibits discrimination based on disability.
• Constitutional: Could be viewed as promoting equal protection under the Fourteenth Amendment by removing a barrier that disproportionately impacts a vulnerable group, though it does not challenge existing marriage laws.
• Political: Highlights ongoing efforts to reform welfare "cliffs" (sudden benefit losses due to life changes like marriage), potentially setting a precedent for similar exemptions in other programs. It enjoys bipartisan sponsorship (introduced by Rep. Valadao and Rep. Lee of Nevada) and focuses on disability rights without broader fiscal controversy.

This summary was generated by AI and may contain inaccuracies. Refer to the official source document for the authoritative text.

Sponsor

Rep. Valadao, David G. [R-CA-22]

Cosponsors (10)

Rep. Lee, Susie [D-NV-3], Rep. Davis, Donald G. [D-NC-1], Rep. Golden, Jared F. [D-ME-2], Rep. Davids, Sharice [D-KS-3], Rep. Houlahan, Chrissy [D-PA-6], Rep. Harder, Josh [D-CA-9], Rep. Vindman, Eugene Simon [D-VA-7], Rep. Goodlander, Maggie [D-NH-2], Rep. Johnson, Julie [D-TX-32], Rep. Gottheimer, Josh [D-NJ-5]

Recent Actions

• 2025-02-27: Referred to the House Committee on Ways and Means.
• 2025-02-27: Introduced in House
• 2025-02-27: Introduced in House

Bill Versions

• Eliminating the Marriage Penalty in SSI Act — issued 2025-02-27 — PDF (3 pages)