SWIFT Act of 2026

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9763 Introduced in House (IH)]

<DOC>

119th CONGRESS
  2d Session
                                H. R. 9763

  To amend title II of the Social Security Act to increase survivors
benefits for disabled widows, widowers, and surviving divorced spouses,
                        and for other purposes.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                             July 16, 2026

Ms. Scanlon (for herself, Ms. Norton, Ms. Titus, Ms. Tlaib, Ms. Clarke
  of New York, Mr. Moulton, and Ms. Pingree) introduced the following
  bill; which was referred to the Committee on Ways and Means, and in
  addition to the Committee on Oversight and Government Reform, 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 amend title II of the Social Security Act to increase survivors
benefits for disabled widows, widowers, and surviving divorced spouses,
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Surviving Widow(er) Income Fair
Treatment Act of 2026'' or the ``SWIFT Act of 2026''.

SEC. 2. ELIGIBILITY FOR UNREDUCED SURVIVORS BENEFITS FOR WIDOWS,
              WIDOWERS, AND SURVIVING DIVORCED SPOUSES WITH
              DISABILITIES AT ANY AGE.

    (a) In General.--Section 202 of the Social Security Act (42 U.S.C.
402) is amended--
            (1) in subsection (e)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B)(ii)--
                                    (I) by striking ``has attained age
                                50 but has not attained age 60 and'';
                                and
                                    (II) by striking ``which began
                                before the end of the period specified
                                in paragraph (4)''; and
                            (ii) in subparagraph (F)(ii), by striking
                        ``(I) in the period specified in paragraph (4)
                        and (II)'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) For purposes of paragraph (1), if a widow or
        surviving divorced wife marries after the first month in which
        she satisfies subparagraphs (A) and (B) of such paragraph, such
        marriage shall be deemed not to have occurred.'';
                    (C) by striking paragraph (4); and
                    (D) in paragraph (5)(A), by amending clause (ii) to
                read as follows:
                    ``(ii) which begins not earlier than the first day
                of the seventeenth month before the month in which her
                application is filed.''; and
            (2) in subsection (f)--
                    (A) in paragraph (1)--
                            (i) in subparagraph (B)(ii)--
                                    (I) by striking ``has attained age
                                50 but has not attained age 60 and'';
                                and
                                    (II) by striking ``which began
                                before the end of the period specified
                                in paragraph (4)''; and
                            (ii) in subparagraph (F)(ii), by striking
                        ``(I) in the period specified in paragraph (4)
                        and (II)'';
                    (B) by amending paragraph (3) to read as follows:
            ``(3) For purposes of paragraph (1), if a widower or
        surviving divorced husband marries after the first month in
        which he satisfies subparagraphs (A) and (B) of such paragraph,
        such marriage shall be deemed not to have occurred.'';
                    (C) by striking paragraph (4); and
                    (D) in paragraph (5)(A), by amending clause (ii) to
                read as follows:
                    ``(ii) which begins not earlier than the first day
                of the seventeenth month before the month in which his
                application is filed.''.
    (b) Elimination of Reduction of Benefit Amounts for Benefits
Claimed by Widows, Widowers, and Surviving Divorced Spouses With
Disabilities Before Retirement Age.--Section 202(q) of the Social
Security Act (42 U.S.C. 402(q)) is amended--
            (1) in paragraph (3)(A), by striking ``and has attained age
        62'' and all that follows through ``widower's insurance
        benefit)'' and inserting ``and, in the case of a wife's or
        husband's insurance benefit, has attained age 62'';
            (2) in paragraph (5), by adding at the end the following
        new subparagraph:
    ``(E) No widow's or widower's insurance benefit shall be reduced
under this subsection for any month during which the individual
entitled to such benefit is entitled to the benefit on the basis of
paragraph (1)(B)(ii) of subsection (e) (in the case of a widow's
insurance benefit) or paragraph (1)(B)(ii) of subsection (f) (in the
case of a widower's insurance benefit).''; and
            (3) in paragraph (7)--
                    (A) in subparagraph (E), by striking ``benefits,
                and'' and inserting ``benefits,'';
                    (B) in subparagraph (F), by striking the period at
                the end and inserting ``, and''; and
                    (C) by adding at the end the following new
                subparagraph:
            ``(G) in the case of a widow's or widower's insurance
        benefit--
                    ``(i) any month in which there was no reduction to
                the benefit under this subsection pursuant to paragraph
                (5)(E); and
                    ``(ii) any month in which there would have been no
                reduction to the benefit under this subsection pursuant
                to paragraph (5)(E) if such paragraph had been in
                effect for such month.''.
    (c) Technical and Conforming Amendments.--
            (1) Social security act.--Title II of the Social Security
        Act (42 U.S.C. 401 et seq.) is amended--
                    (A) in section 202--
                            (i) in subsection (e)--
                                    (I) by redesignating paragraphs (5)
                                through (8) as paragraphs (4) through
                                (7); and
                                    (II) in paragraph (1)(F)(i), by
                                striking ``(as defined in paragraph
                                (5))'' and inserting ``(as defined in
                                paragraph (4))''; and
                            (ii) in subsection (f)--
                                    (I) by redesignating paragraphs (5)
                                through (8) as paragraphs (4) through
                                (7); and
                                    (II) in paragraph (1)(F)(i), by
                                striking ``(as defined in paragraph
                                (5))'' and inserting ``(as defined in
                                paragraph (4))''; and
                    (B) in section 226(e)(1)(A), by striking
                ``thereof--'' and all that follows through ``(ii) the
                phrase'' and inserting ``thereof, the phrase''.
            (2) Railroad retirement act.--Section 4(g)(10)(i) of the
        Railroad Retirement Act of 1974 (42 U.S.C. 231c(g)(10)(i)) is
        amended, in the second sentence, by striking ``202(e)(7)'' and
        inserting ``202(e)(6)''.
            (3) Federal employees' retirement system.--Section
        8442(f)(3)(A) of title 5, United States Code, is amended, in
        the matter preceding clause (i), by striking ``202(e)(7)'' and
        inserting ``202(e)(6)''.
    (d) Effective Date.--The amendments made by this section shall take
effect on January 1, 2027, and shall apply to determinations of
eligibility for, and the amount of, widow's and widower's insurance
benefits payable on or after such date.

SEC. 3. INCREASE IN CHILD'S AGE LIMIT FOR CHILD-IN-CARE BENEFITS.

    (a) In General.--Section 202(s)(1) of the Social Security Act (42
U.S.C. 402(s)(1)) is amended by striking ``age of 16'' and inserting
``age of 18 (or, in the case of a child who is a full-time elementary
or secondary school student, 19)''.
    (b) Effective Date.--The amendment made by this section shall take
effect on January 1, 2027, and shall apply to determinations of
eligibility for, and the amount of, benefits payable on or after such
date.

SEC. 4. MODIFICATION OF BENEFIT LIMIT FOR WIDOWS, WIDOWERS, AND
              SURVIVING DIVORCED SPOUSES; INCREASE IN BENEFIT AMOUNT
              FOR DELAY IN CLAIMING BENEFITS.

    (a) In General.--Section 202 of the Social Security Act (42 U.S.C.
402), as amended by section 2, is further amended--
            (1) in subsection (e)(2)--
                    (A) in subparagraph (A), by inserting ``subsection
                (aa), subsection (bb)'' after ``subsection (q),''; and
                    (B) by amending subparagraph (D) to read as
                follows:
    ``(D) Subject to subsections (aa) and (bb), if the deceased
individual (on the basis of whose wages and self-employment income a
widow or surviving divorced wife is entitled to widow's insurance
benefits under this subsection) was, at any time, entitled to an old-
age insurance benefit which was reduced by reason of the application of
subsection (q), the widow's insurance benefit of such widow or
surviving divorced wife for any month shall not exceed the greater of--
            ``(i) the amount of the old-age insurance benefit to which
        such deceased individual would have been entitled (after
        application of subsection (q)) for such month if such
        individual were still living and section 215(f)(5), 215(f)(6),
        or 215(f)(9)(B) were applied, where applicable; and
            ``(ii) 82\1/2\ percent of the primary insurance amount (as
        determined without regard to subparagraph (C)) of such deceased
        individual.'';
            (2) in subsection (f)(2)--
                    (A) in subparagraph (A), by inserting ``subsection
                (aa), subsection (bb),'' after ``subsection (q),''; and
                    (B) by amending subparagraph (D) to read as
                follows:
    ``(D) Subject to subsections (aa) and (bb), if the deceased
individual (on the basis of whose wages and self-employment income a
widower or surviving divorced husband is entitled to widower's
insurance benefits under this subsection) was, at any time, entitled to
an old-age insurance benefit which was reduced by reason of the
application of subsection (q), the widower's insurance benefit of such
widower or surviving divorced husband for any month shall not exceed
the greater of--
            ``(i) the amount of the old-age insurance benefit to which
        such deceased individual would have been entitled (after
        application of subsection (q)) for such month if such
        individual were still living and section 215(f)(5), 215(f)(6),
        or 215(f)(9)(B) were applied, where applicable; and
            ``(ii) 82\1/2\ percent of the primary insurance amount (as
        determined without regard to subparagraph (C)) of such deceased
        individual.''; and
            (3) by adding at the end the following new subsections:

   ``Increase Over Retirement Insurance Benefit Limit of Widow's and
 Widower's Insurance Benefit Amounts on Account of Delayed Receipt of
                                Benefit

    ``(aa)(1) Subject to paragraph (6), the amount of a widow's or
widower's insurance benefit (other than a benefit based on a primary
insurance amount determined under section 215(a)(3) as in effect in
December 1978 or section 215(a)(1)(C)(i) as in effect thereafter) which
is payable without regard to this subsection to an individual who is
described in paragraph (7) for a month shall be increased by--
            ``(A) the applicable percentage (as determined for the
        individual under paragraph (5)) of such amount, multiplied by
            ``(B) the number (if any) of the increment months for such
        individual.
    ``(2) For purposes of this subsection, the number of increment
months for any individual shall be a number equal to the total number
of months beginning on or after January 1, 2027, during which--
            ``(A) the individual--
                    ``(i) would have been entitled to a widow's or
                widower's insurance benefit except that the individual
                had not filed an application for such benefit; or
                    ``(ii) was entitled to a widow's or widower's
                insurance benefit that the individual did not receive
                pursuant to a request under subsection (z) that such
                benefit not be paid;
            ``(B) the individual had attained early retirement age (as
        defined in section 216(l)(2)); and
            ``(C) the individual was not under a penalty imposed under
        section 1129A.
    ``(3) For purposes of paragraph (1)(B), a determination of the
total number of increment months for an individual shall be made each
time the individual becomes entitled or re-entitled to a widow's or
widower's insurance benefit or begins receiving such a benefit after a
period during which the individual did not receive the benefit pursuant
to a request under subsection (z) that such benefit not be paid.
    ``(4) This subsection shall be applied to a widow's or widower's
insurance benefit before any reduction under this title except for the
reduction under subparagraph (D) of subsection (e)(2) or (f)(2) (as
applicable).
    ``(5) For purposes of paragraph (1)(A), the applicable percentage
for an individual is a percentage equal to--
            ``(A) 28.5; divided by
            ``(B) the number of months between the month in which the
        individual attains early retirement age (as defined in section
        216(l)(2)) and the month in which the individual attains
        retirement age (as defined in section 216(l)(1)).
    ``(6) In no case shall the amount of a widow or widower's insurance
benefit be increased under this subsection to an amount that exceeds
the higher of--
            ``(A) the primary insurance amount of the deceased
        individual on whose wages and self-employment income the
        widow's or widower's insurance benefit is based; or
            ``(B) the amount of the old-age insurance benefit to which
        such deceased individual would have been entitled (after
        application of subsection (q) and, where applicable, subsection
        (w)) for such month if such individual were still living and
        section 215(f)(5), 215(f)(6), or 215(f)(9)(B) were applied,
        where applicable.
    ``(7) An individual described in this section is an individual who
is entitled to a widow's or widower's insurance benefit that is subject
to reduction under subparagraph (D) of subsection (e)(2) or (f)(2) (as
applicable).

   ``Increase in Widow's and Widower's Insurance Benefit Amounts on
                 Account of Delayed Receipt of Benefit

    ``(bb)(1) Subject to paragraph (6), the amount of a widow's or
widower's insurance benefit (other than a benefit based on a primary
insurance amount determined under section 215(a)(3) as in effect in
December 1978 or section 215(a)(1)(C)(i) as in effect thereafter) which
is payable without regard to this subsection to an individual for a
month shall be increased by--
            ``(A) the applicable percentage (as determined for the
        individual under paragraph (5)) of such amount, multiplied by
            ``(B) the number (if any) of the increment months for such
        individual.
    ``(2) For purposes of this subsection, the number of increment
months for any individual shall be a number equal to the total number
of months beginning on or after January 1, 2027, during which--
            ``(A) the individual--
                    ``(i) would have been entitled to a widow's or
                widower's insurance benefit except that the individual
                had not filed an application for such benefit; or
                    ``(ii) was entitled to a widow's or widower's
                insurance benefit that the individual did not receive
                pursuant to a request under subsection (z) that such
                benefit not be paid;
            ``(B) the individual had attained retirement age (as
        defined in section 216(l)(1));
            ``(C) the individual was not under a penalty imposed under
        section 1129A; and
            ``(D) the individual--
                    ``(i) is not an individual described in subsection
                (aa)(7); or
                    ``(ii) is an individual--
                            ``(I) who is described in subsection
                        (aa)(7); and
                            ``(II) who, if the individual were entitled
                        to and did receive a widower's or widower's
                        insurance benefit for the month, would receive
                        a benefit that would be increased under
                        subsection (aa) to the maximum amount
                        permissible under paragraph (6) of such
                        subsection.
    ``(3) For purposes of paragraph (1), a determination of the total
number of increment months for an individual shall be made each time
the individual becomes entitled or re-entitled to a widow's or
widower's insurance benefit or begins receiving such a benefit after a
period during which the individual did not receive the benefit pursuant
to a request under subsection (z) that such benefit not be paid.
    ``(4) This subsection shall be applied to a widow's or widower's
insurance benefit--
            ``(A) after application of subsections (e)(2)(C),
        (f)(2)(C), and (aa) (as applicable); and
            ``(B) before any other reduction under this title.
    ``(5) For purposes of paragraph (1)(A), the applicable percentage
for an individual is--
            ``(A) \1/12\ of 1 percent in the case of an individual who
        attains early retirement age in any calendar year before 1979;
            ``(B) \1/4\ of 1 percent in the case of an individual who
        attains early retirement age in any calendar year after 1978
        and before 1987;
            ``(C) in the case of an individual who attains early
        retirement age in a calendar year after 1986 and before 2005, a
        percentage equal to the applicable percentage in effect under
        this subparagraph for persons who attain early retirement age
        in the preceding calendar year (as increased pursuant to this
        clause), plus \1/24\ of 1 percent if the calendar year in which
        the individual involved attains early retirement age is not
        evenly divisible by 2; and
            ``(D) \2/3\ of 1 percent in the case of an individual who
        attains early retirement age in a calendar year after 2004.
    ``(6) In no case shall the amount of a widow or widower's insurance
benefit be increased under this subsection to an amount that exceeds
the maximum amount to which the old-age insurance benefit (as
determined without regard to subsection (w)) of the individual on whose
wages and self-employment income the widow's or widower's insurance
benefit is based could have been increased under subsection (w).''.
    (b) Conforming Amendment.--Section 202(z)(1)(A) of the Social
Security Act (42 U.S.C. 402(z)(1)(A)) is amended--
            (1) in the matter preceding clause (i), by inserting ``and
        any individual who is entitled to widow's or widower's
        insurance benefits at any age'' before ``may request that'';
        and
            (2) in clause (ii), by inserting ``, or, in the case of an
        individual entitled to a widow's or widower's insurance
        benefit, the first month in which, if the individual filed an
        application for such benefit or requested that such benefit be
        resumed in such month, the amount of such benefit would be
        equal to the maximum amount permissible under subsection
        (aa)(7)'' before the period.
    (c) Effective Date.--The amendments made by this section shall take
effect on January 1, 2027, and shall apply to the determination of the
amount of widow's and widower's insurance benefits payable on or after
such date.

SEC. 5. HOLDING CURRENT BENEFICIARIES HARMLESS.

    (a) In General.--In the case of an individual who is receiving
benefits or assistance under any Federal program or under any State or
local program financed in whole or in part with Federal funds as of the
date on which the amendments made by this Act take effect, the amount
of any additional income that is attributable to an increase in
benefits under title II of the Social Security Act (42 U.S.C. 401 et
seq.) or to new eligibility for benefits under such title that results
from the amendments made by this Act shall be disregarded for the
purpose of determining such individual's continued eligibility for, and
amount of, benefits or assistance under such Federal, State, or local
program.
    (b) Limitation.--In the case of an individual described in
subsection (a) who, after the date on which the amendments made by this
Act take effect, ceases to be eligible for benefits or assistance under
a Federal, State, or local program described in such subsection, such
subsection shall not apply to such individual for purposes of such
program beginning on the date that such individual ceases to be so
eligible.

SEC. 6. PROVISION OF INFORMATION TO WIDOWS, WIDOWERS, AND SURVIVING
              DIVORCED SPOUSES.

    (a) In General.--Not later than January 1, 2027, the Commissioner
of Social Security shall publish a booklet containing information
related to benefits available under title II of the Social Security Act
to widows, widowers, and surviving divorced spouses, including
information on--
            (1) how old-age insurance benefits and survivors insurance
        benefits interact with each other;
            (2) how to claim benefits, and how the timing of claiming
        benefits can impact benefit amounts;
            (3) the lump sum death benefit; and
            (4) how to contact the Social Security Administration for
        additional information.
    (b) Provision of Booklet to Widows, Widowers, and Surviving
Divorced Spouses.--In the case of any individual who dies on or after
January 1, 2027, the Commissioner of Social Security shall, not later
than 30 days after the Social Security Administration is informed of
the death of such individual, mail a copy of the booklet described in
subsection (a) to each widow, widower, or surviving divorced spouse of
the individual who is known to the Social Security Administration
(based on the records of the Social Security Administration).
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