I

103D CONGRESS

1ST SESSION H. R. 922

To amend the Social Security Act and related provisions of law to make

miscellaneous improvements in the old-age, survivors, and disability insurance program.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 17, 1993

Mr. JACOBS introduced the following bill; which was referred to the Committee

on Ways and Means

A BILL

To amend the Social Security Act and related provisions

of law to make miscellaneous improvements in the oldage, survivors, and disability insurance program.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

4 (a) SHORT TITLE.—This Act may be cited as the

5 ‘‘Social Security Miscellaneous Amendments Act of

6 1993’’.

7 (b) TABLE OF CONTENTS.—

Sec. 1. Short title and table of contents.

Sec. 2. Explicit requirements for maintenance of telephone access to local offices of the Social Security Administration.
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Sec. 3. Expansion of State option to exclude service of election officials or election workers from coverage.

Sec. 4. Treatment of certain noncash remuneration for agricultural labor.

Sec. 5. Use of social security numbers by States and local governments and

Federal district courts for jury selection purposes.

Sec. 6. Authorization for all States to extend coverage to State and local policemen and firemen under existing coverage agreements.

Sec. 7. Limited exemption for Canadian ministers from certain self-employment

tax liability.

Sec. 8. Exclusion of totalization benefits from the application of the windfall

elimination provision.

Sec. 9. Exclusion of military reservists from application of the Government pension offset and windfall elimination provisions.

Sec. 10. Repeal of the facility-of-payment provision.

Sec. 11. Maximum family benefits in guarantee cases.

Sec. 12. Authorization for disclosure by the Secretary of Health and Human

Services of information for purposes of public or private epidemiological and similar research.

1 SEC. 2. EXPLICIT REQUIREMENTS FOR MAINTENANCE OF

2 TELEPHONE ACCESS TO LOCAL OFFICES OF

3 THE SOCIAL SECURITY ADMINISTRATION.

4 (a) MAINTENANCE OF SERVICE TO LOCAL OF5 FICES.—

6 (1) IN GENERAL.—Section 5110(a) of the Om7 nibus Budget Reconciliation Act of 1990 (104 Stat.

8 1388-272) is amended by adding at the end the fol9 lowing new sentences: ‘‘In carrying out the require10 ments of the preceding sentence, the Secretary shall

11 reestablish and maintain in service at least the same

12 number of telephone lines to each such local office

13 as was in place as of such date, including telephone

14 sets for connections to such lines.’’.

15 (2) EFFECTIVE DATE.—The Secretary of

16 Health and Human Services shall ensure that the

17 requirements of the amendment made by paragraph
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1 (1) are carried out no later than 90 days after the

2 date of the enactment of this Act.

3 (3) GAO REPORT.—The Comptroller General of

4 the United States shall make an independent deter5 mination of the number of telephone lines to each

6 local office of the Social Security Administration

7 which are in place as of 90 days after the enactment

8 of this Act and shall report his findings to the Com9 mittee on Ways and Means of the House of Rep10 resentatives and the Committee on Finance of the

11 Senate no later than 150 days after the date of the

12 enactment of this Act.

13 (b) MAINTENANCE OF TOLL-FREE TELEPHONE

14 NUMBER SERVICE.—The Secretary of Health and Human

15 Services shall ensure that toll-free telephone service pro16 vided by the Social Security Administration is maintained

17 at a level which is at least equal to that in effect on the

18 date of the enactment of this Act.

19 SEC. 3. EXPANSION OF STATE OPTION TO EXCLUDE SERV20 ICE OF ELECTION OFFICIALS OR ELECTION

21 WORKERS FROM COVERAGE.

22 (a) LIMITATION ON MANDATORY COVERAGE OF

23 STATE ELECTION OFFICIALS AND ELECTION WORKERS

24 WITHOUT STATE RETIREMENT SYSTEM.—
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1 (1) AMENDMENT TO SOCIAL SECURITY ACT.—

2 Section 210(a)(7)(F)(iv) of the Social Security Act

3 (42 U.S.C. 410(a)(7)(F)(iv)) (as amended by section

4 11332(a) of the Omnibus Budget Reconciliation Act

5 of 1990) is amended by striking ‘‘$100’’ and insert6 ing ‘‘$1,000 with respect to service performed dur7 ing 1994, and the exempt remuneration amount de8 termined under section 218(c)(8)(B) with respect to

9 service performed thereafter’’.

10 (2) AMENDMENT TO FICA.—Section 3121(b)(7)

11 of the Internal Revenue Code of 1986 (as amended

12 by section 11332(b) of the Omnibus Budget Rec13 onciliation Act of 1990) is amended by striking

14 ‘‘$100’’ and inserting ‘‘$1,000 with respect to serv15 ice performed during 1994, and the exempt remu16 neration amount determined under section

17 218(c)(8)(B) of the Social Security Act with respect

18 to service performed thereafter’’.

19 (b) CONFORMING AMENDMENTS RELATING TO MED20 ICARE QUALIFIED GOVERNMENT EMPLOYMENT.—

21 (1) AMENDMENT TO SOCIAL SECURITY ACT.—

22 Section 210(p)(2)(E) of the Social Security Act (42

23 U.S.C. 410(p)(2)(E)) is amended by striking

24 ‘‘$100’’ and inserting ‘‘$1,000 with respect to serv25 ice performed during 1994, and the exempt remu-
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1 neration amount determined under section

2 218(c)(8)(B) with respect to service performed

3 thereafter’’.

4 (2) AMENDMENT TO FICA.—Section

5 3121(u)(2)(B)(ii)(V) of the Internal Revenue Code

6 of 1986 is amended by striking ‘‘$100’’ and insert7 ing ‘‘$1,000 with respect to service performed dur8 ing 1994, and the exempt remuneration amount de9 termined under section 218(c)(8)(B) of the Social

10 Security Act with respect to service performed there11 after’’.

12 (c) AUTHORITY FOR STATES TO MODIFY COVERAGE

13 AGREEMENTS WITH RESPECT TO ELECTION OFFICIALS

14 AND ELECTION WORKERS.—Section 218(c)(8) of the So15 cial Security Act (42 U.S.C. 418(c)(8)) is amended—

16 (1) by striking ‘‘on or after January 1, 1968,’’

17 and inserting ‘‘at any time’’;

18 (2) by striking ‘‘$100’’ and inserting ‘‘$1,000

19 with respect to service performed during 1994, and

20 the exempt remuneration amount determined under

21 subparagraph (B) with respect to service performed

22 thereafter’’; and

23 (3) by striking the last sentence and inserting

24 the following new sentence: ‘‘Any modification of an

25 agreement pursuant to this paragraph shall be effec-
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1 tive with respect to services performed in and after

2 the calendar year in which the modification is mailed

3 or delivered by other means to the Secretary.’’.

4 (d) INDEXATION OF EXEMPT REMUNERATION

5 AMOUNT.—

6 (1) IN GENERAL.—Section 218(c)(8) of the So7 cial Security Act (as amended by subsection (c)) is

8 further amended—

9 (A) by inserting ‘‘(A)’’ after ‘‘(8)’’; and

10 (B) by adding at the end the following new

11 subparagraphs:

12 ‘‘(B) The Secretary shall, on or before November 1

13 of 1994 and of every year thereafter, determine and pub14 lish in the Federal Register the exempt remuneration

15 amount which shall be effective with respect to service per16 formed during the following calendar year.

17 ‘‘(C) The exempt remuneration amount determined

18 under subparagraph (B) shall be the larger of—

19 ‘‘(i) the dollar amount in effect under subpara20 graph (A) with respect to service performed during

21 the calendar year in which the determination under

22 subparagraph (B) is made, or

23 ‘‘(ii) the product of—

24 ‘‘(I) $1,000, and
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1 ‘‘(II) the indexing ratio described in sub2 paragraph (D).

3 ‘‘(D) For purposes of subparagraph (C)(ii)(II), the

4 indexing ratio is the ratio of—

5 ‘‘(i) the deemed average total wages (as defined

6 in section 209(k)(1)) for the calendar year before

7 the calendar year in which the determination under

8 subparagraph (B) is made, to

9 ‘‘(ii) the average of the total wages (as defined

10 in regulations of the Secretary and computed with11 out regard to the limitations specified in section

12 209(a)(1)) reported to the Secretary of the Treasury

13 or his delegate for 1991 (as published in the Federal

14 Register in accordance with section 215(a)(1)(D)),

15 with such product, if not a multiple of $100, being round16 ed to the next higher multiple of $100 where such product

17 is a multiple of $50 but not of $100 and to the nearest

18 multiple of $100 in any other case.’’.

19 (2) CONFORMING AMENDMENT.—Section

20 209(k)(1) of such Act (42 U.S.C. 409(k)(1)) is

21 amended by inserting ‘‘218(c)(8)(D)(i),’’ after

22 ‘‘215(b)(3)(A)(ii),’’.

23 (e) EFFECTIVE DATE.—The amendments made by

24 subsections (a), (b), and (c) shall apply with respect to

25 service performed on or after January 1, 1994.
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1 SEC. 4. TREATMENT OF CERTAIN NONCASH REMUNERA2 TION FOR AGRICULTURAL LABOR.

3 (a) AMENDMENTS TO 1986 CODE.—Paragraph (8) of

4 section 3121(a) of the Internal Revenue Code of 1986 (de5 fining wages) is amended—

6 (1) by striking so much of such paragraph as

7 precedes subparagraph (B) thereof and inserting the

8 following:

9 ‘‘(8)(A) remuneration for agricultural labor to

10 the extent such remuneration consists of—

11 ‘‘(i) meals or lodging furnished on the

12 premises of the employer to the employee, the

13 employee’s spouse, or any of the employee’s de14 pendents, or

15 ‘‘(ii) in the case of an employee who is a

16 seasonal worker, temporary lodging furnished in

17 reasonable proximity to such premises to the

18 employee, the employee’s spouse, or any of the

19 employee’s dependents;’’; and

20 (2) by striking ‘‘cash remuneration’’ each place

21 it appears in subparagraph (B) and inserting ‘‘re22 muneration (not excluded under subparagraph

23 (A))’’.

24 (b) AMENDMENTS TO SOCIAL SECURITY ACT.—Para25 graph (7) of section 209(a) of the Social Security Act (42

26 U.S.C. 409(a)(7)) is amended—
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1 (1) by striking so much of such paragraph as

2 precedes subparagraph (B) thereof and inserting the

3 following:

4 ‘‘(7)(A) Remuneration for agricultural labor to

5 the extent such remuneration consists of—

6 ‘‘(i) meals or lodging furnished on the

7 premises of the employer to the employee, the

8 employee’s spouse, or any of the employee’s de9 pendents, or

10 ‘‘(ii) in the case of an employee who is a

11 seasonal worker, temporary lodging furnished in

12 reasonable proximity to such premises to the

13 employee, the employee’s spouse, or any of the

14 employee’s dependents;’’, and

15 (2) in subparagraph (B)—

16 (A) by striking ‘‘Cash remuneration’’ and

17 inserting ‘‘Remuneration (not excluded under

18 subparagraph (A))’’, and

19 (B) by striking ‘‘cash remuneration’’ and

20 inserting ‘‘remuneration (not excluded under

21 subparagraph (A))’’.

22 (c) EFFECTIVE DATE.—The amendments made by

23 this section shall apply to remuneration paid after Decem24 ber 31, 1993.
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1 SEC. 5. USE OF SOCIAL SECURITY NUMBERS BY STATES

2 AND LOCAL GOVERNMENTS AND FEDERAL

3 DISTRICT COURTS FOR JURY SELECTION

4 PURPOSES.

5 (a) IN GENERAL.—Section 205(c)(2) of the Social

6 Security Act (42 U.S.C. 405(c)(2)) is amended—

7 (1) in subparagraph (B)(i), by striking ‘‘(E)’’ in

8 the matter preceding subclause (I) and inserting

9 ‘‘(F)’’;

10 (2) by redesignating subparagraphs (E) and

11 (F) as subparagraphs (F) and (G), respectively; and

12 (3) by inserting after subparagraph (D) the fol13 lowing:

14 ‘‘(E)(i) It is the policy of the United States that—

15 ‘‘(I) any State (or any political subdivision of a

16 State) may utilize the social security account num17 bers issued by the Secretary for the additional pur18 poses described in clause (ii) if such numbers have

19 been collected and are otherwise utilized by such

20 State (or political subdivision) in accordance with

21 applicable law, and

22 ‘‘(II) any district court of the United States

23 may use, for such additional purposes, any such so24 cial security account numbers which have been so

25 collected and are so utilized by any State.
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1 ‘‘(ii) The additional purposes described in this clause

2 are the following:

3 ‘‘(I) identifying duplicate names of individuals

4 on master lists used for jury selection purposes, and

5 ‘‘(II) identifying on such master lists those indi6 viduals who are ineligible to serve on a jury by rea7 son of their conviction of a felony.

8 ‘‘(iii) To the extent that any provision of Federal law

9 enacted before the date of the enactment of this subpara10 graph is inconsistent with the policy set forth in clause

11 (i), such provision shall, on and after that date, be null,

12 void, and of no effect.

13 ‘‘(iv) For purposes of this subparagraph, the term

14 ‘State’ has the meaning such term has in subparagraph

15 (D).’’.

16 (b) EFFECTIVE DATE.—The amendments made by

17 subsection (a) shall take effect on the date of the enact18 ment of this Act.

19 SEC. 6. AUTHORIZATION FOR ALL STATES TO EXTEND COV20 ERAGE TO STATE AND LOCAL POLICEMEN

21 AND FIREMEN UNDER EXISTING COVERAGE

22 AGREEMENTS.

23 (a) IN GENERAL.—Section 218(l) of the Social Secu24 rity Act (42 U.S.C. 418(l)) is amended—
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1 (1) in paragraph (1), by striking ‘‘(1)’’ after

2 ‘‘(l)’’, and by striking ‘‘the State of’’ and all that fol3 lows through ‘‘date of the enactment of this sub4 section’’ and inserting ‘‘a State entered into pursu5 ant to this section’’; and

6 (2) by striking paragraph (2).

7 (b) CONFORMING AMENDMENT.—Section

8 218(d)(8)(D) of such Act (42 U.S.C. 418(d)(8)(D)) is

9 amended by striking ‘‘agreements with States named in’’

10 and inserting ‘‘State agreements modified as provided in’’.

11 (c) EFFECTIVE DATE.—The amendments made by

12 this section shall apply with respect to modifications filed

13 by States after the date of the enactment of this Act.

14 SEC. 7. LIMITED EXEMPTION FOR CANADIAN MINISTERS

15 FROM CERTAIN SELF-EMPLOYMENT TAX LI16 ABILITY.

17 (a) IN GENERAL.—Notwithstanding any other provi18 sion of law, if—

19 (1) an individual performed services described

20 in section 1402(c)(4) of the Internal Revenue Code

21 of 1986 which are subject to tax under section 1401

22 of such Code,

23 (2) such services were performed in Canada at

24 a time when no agreement between the United
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1 States and Canada pursuant to section 233 of the

2 Social Security Act was in effect, and

3 (3) such individual was required to pay con4 tributions on the earnings from such services under

5 the social insurance system of Canada,

6 then such individual may file a certificate under this sec7 tion in such form and manner, and with such official, as

8 may be prescribed in regulations issued under chapter 2

9 of such Code. Upon the filing of such certificate, notwith10 standing any judgment which has been entered to the con11 trary, such individual shall be exempt from payment of

12 such tax and from any penalties or interest for failure to

13 pay such tax or to file a self-employment tax return as

14 required under section 6017 of such Code.

15 (b) PERIOD FOR FILING.—A certificate referred to

16 in subsection (a) may be filed only during the 180-day

17 period commencing with the date on which the regulations

18 referred to in subsection (a) are issued.

19 (c) TAXABLE YEARS AFFECTED BY CERTIFICATE.—

20 A certificate referred to in subsection (a) shall be effective

21 for taxable years ending after December 31, 1978, and

22 before January 1, 1985.

23 (d) RESTRICTION ON CREDITING OF EXEMPT SELF24 EMPLOYMENT INCOME.—In any case in which an individ25 ual is exempt under this section from paying a tax im-
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1 posed under section 1401 of the Internal Revenue Code

2 of 1986, any income on which such tax would have been

3 imposed but for such exemption shall not constitute self4 employment income under section 211(b) of the Social Se5 curity Act (42 U.S.C. 411(b)), and, if such individual’s

6 primary insurance amount has been determined under sec7 tion 215 of such Act (42 U.S.C. 415), notwithstanding

8 section 215(f)(1) of such Act, the Secretary of Health and

9 Human Services shall recompute such primary insurance

10 amount so as to take into account the provisions of this

11 subsection.

12 SEC. 8. EXCLUSION OF TOTALIZATION BENEFITS FROM

13 THE APPLICATION OF THE WINDFALL ELIMI14 NATION PROVISION.

15 (a) IN GENERAL.—Section 215(a)(7) of the Social

16 Security Act (42 U.S.C. 415(a)(7)) is amended—

17 (1) in subparagraph (A), by striking ‘‘but ex18 cluding’’ and all that follows through ‘‘1937’’ and

19 inserting ‘‘but excluding (I) a payment under the

20 Railroad Retirement Act of 1974 or 1937, and (II)

21 a payment by a social security system of a foreign

22 country based on an agreement concluded between

23 the United States and such foreign country pursuant

24 to section 233’’; and
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1 (2) in subparagraph (E), by inserting after ‘‘in

2 the case of an individual’’ the following: ‘‘whose eli3 gibility for old-age or disability insurance benefits is

4 based on an agreement concluded pursuant to sec5 tion 233 or an individual’’.

6 (b) CONFORMING AMENDMENT RELATING TO BENE7 FITS UNDER 1939 ACT.—Section 215(d)(3) of such Act

8 (42 U.S.C. 415(d)(3)) is amended by striking ‘‘but exclud9 ing’’ and all that follows through ‘‘1937’’ and inserting

10 ‘‘but excluding (I) a payment under the Railroad Retire11 ment Act of 1974 or 1937, and (II) a payment by a social

12 security system of a foreign country based on an agree13 ment concluded between the United States and such for14 eign country pursuant to section 233’’.

15 (c) EFFECTIVE DATE.—The amendments made by

16 this section shall apply (notwithstanding section 215(f)(1)

17 of the Social Security Act (42 U.S.C. 415(f)(1))) with re18 spect to benefits payable for months after October 1993.

19 SEC. 9. EXCLUSION OF MILITARY RESERVISTS FROM APPLI20 CATION OF THE GOVERNMENT PENSION OFF21 SET AND WINDFALL ELIMINATION PROVI22 SIONS.

23 (a) EXCLUSION FROM GOVERNMENT PENSION OFF24 SET PROVISIONS.—Subsections (b)(4), (c)(2), (e)(7),

25 (f)(2), and (g)(4) of section 202 of the Social Security Act
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1 (42 U.S.C. 402 (b)(4), (c)(2), (e)(7), (f)(2), and (g)(4))

2 are each amended—

3 (1) in subparagraph (A)(ii), by striking ‘‘unless

4 subparagraph (B) applies.’’;

5 (2) in subparagraph (A), by striking ‘‘The’’ in

6 the matter following clause (ii) and inserting ‘‘unless

7 subparagraph (B) applies. The’’; and

8 (3) in subparagraph (B), by redesignating the

9 existing matter as clause (ii), and by inserting before

10 such clause (ii) (as so redesignated) the following:

11 ‘‘(B)(i) Subparagraph (A)(i) shall not apply with re12 spect to monthly periodic benefits based wholly on service

13 as a member of a uniformed service (as defined in section

14 210(m)).’’.

15 (b) EXCLUSION FROM WINDFALL ELIMINATION

16 PROVISIONS.—Section 215(a)(7)(A) of such Act (as

17 amended by section 8(a) of this Act) and section 215(d)(3)

18 of such Act (as amended by section 8(b) of this Act) are

19 each further amended—

20 (1) by striking ‘‘and’’ before ‘‘(II)’’; and

21 (2) by striking ‘‘section 233’’ and inserting

22 ‘‘section 233, and (III) a payment based wholly on

23 service as a member of a uniformed service (as de24 fined in section 210(m))’’.
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1 (c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply (notwithstanding section 215(f) of

3 the Social Security Act) with respect to benefits payable

4 for months after October 1993.

5 SEC. 10. REPEAL OF THE FACILITY-OF-PAYMENT PROVI6 SION.

7 (a) REPEAL OF RULE PRECLUDING REDISTRIBUTION

8 UNDER FAMILY MAXIMUM.—Section 203(i) of the Social

9 Security Act (42 U.S.C. 403(i)) is repealed.

10 (b) COORDINATION UNDER FAMILY MAXIMUM OF

11 REDUCTION IN BENEFICIARY’S AUXILIARY BENEFITS

12 WITH SUSPENSION OF AUXILIARY BENEFITS OF OTHER

13 BENEFICIARY UNDER EARNINGS TEST.—Section

14 203(a)(4) of such Act (42 U.S.C. 403(a)(4)) is amended

15 by striking ‘‘section 222(b). Whenever’’ and inserting the

16 following: ‘‘section 222(b). Notwithstanding the preceding

17 sentence, any reduction under this subsection in the case

18 of an individual who is entitled to a benefit under sub19 section (b), (c), (d), (e), (f), (g), or (h) of section 202 for

20 any month on the basis of the same wages and self-em21 ployment income as another person—

22 ‘‘(A) who also is entitled to a benefit under sub23 section (b), (c), (d), (e), (f), (g), or (h) of section

24 202 for such month,
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1 ‘‘(B) who does not live in the same household

2 as such individual, and

3 ‘‘(C) whose benefit for such month is suspended

4 (in whole or in part) pursuant to subsection (h)(3)

5 of this section,

6 shall be made before the suspension under subsection

7 (h)(3). Whenever’’.

8 (c) CONFORMING AMENDMENT APPLYING EARNINGS

9 REPORTING REQUIREMENT DESPITE SUSPENSION OF

10 BENEFITS.—The third sentence of section 203(h)(1)(A)

11 of such Act (42 U.S.C. 403(h)(1)(A)) is amended by strik12 ing ‘‘Such report need not be made’’ and all that follows

13 through ‘‘The Secretary may grant’’ and inserting the fol14 lowing: ‘‘Such report need not be made for any taxable

15 year—

16 ‘‘(i) beginning with or after the month in which

17 such individual attained age 70, or

18 ‘‘(ii) if benefit payments for all months (in such

19 taxable year) in which such individual is under age

20 70 have been suspended under the provisions of the

21 first sentence of paragraph (3) of this subsection,

22 unless—

23 ‘‘(I) such individual is entitled to benefits

24 under subsection (b), (c), (d), (e), (f), (g), or

25 (h) of section 202,
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1 ‘‘(II) such benefits are reduced under sub2 section (a) of this section for any month in such

3 taxable year, and

4 ‘‘(III) in any such month there is another

5 person who also is entitled to benefits under

6 subsection (b), (c), (d), (e), (f), (g), or (h) of

7 section 202 on the basis of the same wages and

8 self-employment income and who does not live

9 in the same household as such individual.

10 The Secretary may grant’’.

11 (d) CONFORMING AMENDMENT DELETING SPECIAL

12 INCOME TAX TREATMENT OF BENEFITS NO LONGER RE13 QUIRED BY REASON OF REPEAL.—Section 86(d)(1) of the

14 Internal Revenue Code of 1986 (relating to income tax

15 on social security benefits) is amended by striking the last

16 sentence.

17 (e) EFFECTIVE DATES.—

18 (1) The amendments made by subsections (a),

19 (b), and (c) shall apply with respect to benefits pay20 able for months after December 1994.

21 (2) The amendment made by subsection (d)

22 shall apply with respect to benefits received after

23 December 31, 1994, in taxable years ending after

24 such date.
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1 SEC. 11. MAXIMUM FAMILY BENEFITS IN GUARANTEE

2 CASES.

3 (a) IN GENERAL.—Section 203(a) of the Social Secu4 rity Act (42 U.S.C. 403(a)) is amended by adding at the

5 end the following new paragraph:

6 ‘‘(10)(A) Subject to subparagraphs (B) and (C)—

7 ‘‘(i) the total monthly benefits to which bene8 ficiaries may be entitled under sections 202 and 223

9 for a month on the basis of the wages and self-em10 ployment income of an individual whose primary in11 surance amount is computed under section

12 215(a)(2)(B)(i) shall equal the total monthly bene13 fits which were authorized by this section with re14 spect to such individual’s primary insurance amount

15 for the last month of his prior entitlement to disabil16 ity insurance benefits, increased for this purpose by

17 the general benefit increases and other increases

18 under section 215(i) that would have applied to such

19 total monthly benefits had the individual remained

20 entitled to disability insurance benefits until the

21 month in which he became entitled to old-age insur22 ance benefits or reentitled to disability insurance

23 benefits or died, and

24 ‘‘(ii) the total monthly benefits to which bene25 ficiaries may be entitled under sections 202 and 223

26 for a month on the basis of the wages and self-em-
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1 ployment income of an individual whose primary in2 surance amount is computed under section

3 215(a)(2)(C) shall equal the total monthly benefits

4 which were authorized by this section with respect to

5 such individual’s primary insurance amount for the

6 last month of his prior entitlement to disability in7 surance benefits.

8 ‘‘(B) In any case in which—

9 ‘‘(i) the total monthly benefits with respect to

10 such individual’s primary insurance amount for the

11 last month of his prior entitlement to disability in12 surance benefits was computed under paragraph (6),

13 and

14 ‘‘(ii) the individual’s primary insurance amount

15 is computed under subparagraph (B)(i) or (C) of

16 section 215(a)(2) by reason of the individual’s enti17 tlement to old-age insurance benefits or death,

18 the total monthly benefits shall equal the total monthly

19 benefits that would have been authorized with respect to

20 the primary insurance amount for the last month of his

21 prior entitlement to disability insurance benefits if such

22 total monthly benefits had been computed without regard

23 to paragraph (6).

24 ‘‘(C) This paragraph shall apply before the applica25 tion of paragraph (3)(A), and before the application of
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1 section 203(a)(1) of this Act as in effect in December

2 1978.’’.

3 (b) CONFORMING AMENDMENT.—Section 203(a)(8)

4 of such Act (42 U.S.C. 403(a)(8)) is amended by striking

5 ‘‘Subject to paragraph (7),’’ and inserting ‘‘Subject to

6 paragraph (7) and except as otherwise provided in para7 graph (10)(C),’’.

8 (c) EFFECTIVE DATE.—The amendments made by

9 this section shall apply for the purpose of determining the

10 total monthly benefits to which beneficiaries may be enti11 tled under sections 202 and 223 of the Social Security

12 Act based on the wages and self-employment income of

13 an individual who—

14 (1) becomes entitled to an old-age insurance

15 benefit under section 202(a) of such Act,

16 (2) becomes reentitled to a disability insurance

17 benefit under section 223 of such Act, or

18 (3) dies,

19 after October 1993.
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1 SEC. 12. AUTHORIZATION FOR DISCLOSURE BY THE SEC2 RETARY OF HEALTH AND HUMAN SERVICES

3 OF INFORMATION FOR PURPOSES OF PUBLIC

4 OR PRIVATE EPIDEMIOLOGICAL AND SIMI5 LAR RESEARCH.

6 (a) IN GENERAL.—Section 1106 of the Social Secu7 rity Act (42 U.S.C. 1306) is amended—

8 (1) by redesignating subsections (d) and (e) as

9 subsections (e) and (f), respectively;

10 (2) in subsection (f) (as so redesignated), by

11 striking ‘‘subsection (d)’’ and inserting ‘‘subsection

12 (e)’’; and

13 (3) by inserting after subsection (c) the follow14 ing new subsection:

15 ‘‘(d) Notwithstanding any other provision of this sec16 tion, in any case in which—

17 ‘‘(1) information regarding whether an individ18 ual is shown on the records of the Secretary as

19 being alive or deceased is requested from the Sec20 retary for purposes of epidemiological or similar re21 search which the Secretary finds may reasonably be

22 expected to contribute to a national health interest,

23 and

24 ‘‘(2) the requester agrees to reimburse the Sec25 retary for providing such information and to comply

26 with limitations on safeguarding and rerelease or
24

•HR 922 IH

1 redisclosure of such information as may be specified

2 by the Secretary,

3 the Secretary shall comply with such request, except to

4 the extent that compliance with such request would con5 stitute a violation of the terms of any contract entered

6 into under section 205(r).’’.

7 (b) AVAILABILITY OF INFORMATION RETURNS RE8 GARDING WAGES PAID EMPLOYEES.—Section 6103(l)(5)

9 of the Internal Revenue Code of 1986 (relating to disclo10 sure of returns and return information to the Department

11 of Health and Human Services for purposes other than

12 tax administration) is amended—

13 (1) by striking ‘‘for the purpose of’’ and insert14 ing ‘‘for the purpose of—’’;

15 (2) by striking ‘‘carrying out, in accordance

16 with an agreement’’ and inserting the following:

17 ‘‘(A) carrying out, in accordance with an

18 agreement’’;

19 (3) by striking ‘‘program.’’ and inserting ‘‘pro20 gram; or’’; and

21 (4) by adding at the end the following new sub22 paragraph:

23 ‘‘(B) providing information regarding the

24 mortality status of individuals for epidemiolog-
25

•HR 922 IH

1 ical and similar research in accordance with

2 section 1106(d) of the Social Security Act.’’.

3 (c) EFFECTIVE DATE.—The amendments made by

4 this section shall apply with respect to requests for infor5 mation made after the date of the enactment of this Act.

Æ

HR 922 IH——2