II

104TH CONGRESS

1ST SESSION S. 1466

To amend title II of the Social Security Act to provide for increases in

the amounts of allowable earnings under the social security earnings

limit for individuals who have attained retirement age, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

DECEMBER 11, 1995

Mr. MCCAIN (for himself, Mr. BIDEN, and Mr. MACK) introduced the

following bill; which was read twice and referred to the Committee on Finance

A BILL

To amend title II of the Social Security Act to provide

for increases in the amounts of allowable earnings under

the social security earnings limit for individuals who

have attained retirement age, and for other purposes.

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.

4 This Act may be cited as the ‘‘Senior Citizens’ Right

5 to Work Act of 1995’’.
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1 SEC. 2. INCREASES IN MONTHLY EXEMPT AMOUNT FOR

2 PURPOSES OF THE SOCIAL SECURITY EARN3 INGS LIMIT.

4 (a) INCREASE IN MONTHLY EXEMPT AMOUNT FOR

5 INDIVIDUALS WHO HAVE ATTAINED RETIREMENT

6 AGE.—Section 203(f)(8)(D) of the Social Security Act (42

7 U.S.C. 403(f)(8)(D)) is amended to read as follows:

8 ‘‘(D) Notwithstanding any other provision of

9 this subsection, the exempt amount which is applica10 ble to an individual who has attained retirement age

11 (as defined in section 216(l)) before the close of the

12 taxable year involved shall be—

13 ‘‘(i) for each month of any taxable year

14 ending after 1995 and before 1997,

$1,166.662 15 ⁄3,

16 ‘‘(ii) for each month of any taxable year

17 ending after 1996 and before 1998, $1,250.00,

18 ‘‘(iii) for each month of any taxable year

19 ending after 1997 and before 1999,

$1,333.331 20 ⁄3,

21 ‘‘(iv) for each month of any taxable year

22 ending after 1998 and before 2000,

$1,416.662 23 ⁄3,

24 ‘‘(v) for each month of any taxable year

25 ending after 1999 and before 2001, $1,500.00,
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1 ‘‘(vi) for each month of any taxable year

2 ending after 2000 and before 2002,

$2,083.331 3 ⁄3, and

4 ‘‘(vii) for each month of any taxable year

5 ending after 2001 and before 2003,

6 $2,500.00.’’.

7 (b) CONFORMING AMENDMENTS.—

8 (1) Section 203(f)(8)(B)(ii) of such Act (42

9 U.S.C. 403(f)(8)(B)(ii)) is amended—

10 (A) by striking ‘‘the taxable year ending

11 after 1993 and before 1995’’ and inserting ‘‘the

12 taxable year ending after 2001 and before 2003

13 (with respect to individuals described in sub14 paragraph (D)) or the taxable year ending after

15 1993 and before 1995 (with respect to other in16 dividuals)’’; and

17 (B) in subclause (II), by striking ‘‘for

18 1992’’ and inserting ‘‘for 2000 (with respect to

19 individuals described in subparagraph (D)) or

20 1992 (with respect to other individuals)’’.

21 (2) The second sentence of section 223(d)(4)(A)

22 of such Act (42 U.S.C. 423(d)(4)(A)) is amended by

23 striking ‘‘the exempt amount under section 203(f)(8)

24 which is applicable to individuals described in sub25 paragraph (D) thereof’’ and inserting the following:
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1 ‘‘an amount equal to the exempt amount which

2 would be applicable under section 203(f)(8), to indi3 viduals described in subparagraph (D) thereof, if

4 section 2 of the Senior Citizens’ Right to Work Act

5 of 1995 had not been enacted’’.

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

7 this section shall apply with respect to taxable years end8 ing after 1995.

9 SEC. 3. ESTABLISHMENT OF DISABILITY INSURANCE CON10 TINUING DISABILITY REVIEW ADMINISTRA11 TION REVOLVING ACCOUNT.

12 (a) CONTINUING DISABILITY REVIEW ADMINISTRA13 TION REVOLVING ACCOUNT FOR TITLE II DISABILITY

14 BENEFITS IN THE FEDERAL DISABILITY INSURANCE

15 TRUST FUND.—

16 (1) IN GENERAL.—Section 201 of the Social

17 Security Act (42 U.S.C. 401) is amended by adding

18 at the end the following new subsection:

19 ‘‘(n)(1) There is hereby created in the Federal Dis20 ability Insurance Trust Fund a Continuing Disability Re21 view Administration Revolving Account (hereinafter in

22 this subsection referred to as the ‘Account’). The Account

23 shall consist initially of $300,000,000 (which is hereby

24 transferred to the Account from amounts otherwise avail25 able in such Trust Fund) and shall also consist thereafter
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1 of such other amounts as may be transferred to it under

2 this subsection. The balance in the Account shall be avail3 able solely for expenditures certified under paragraph (2).

4 ‘‘(2)(A) Before October 1 of each calendar year, the

5 Chief Actuary of the Social Security Administration

6 shall—

7 ‘‘(i) estimate the present value of savings to the

8 Federal Old-Age and Survivors Insurance Trust

9 Fund, the Federal Disability Insurance Trust Fund,

10 the Federal Hospital Insurance Trust Fund, and the

11 Federal Supplementary Medical Insurance Trust

12 Fund which will accrue for all years as a result of

13 cessations of benefit payments resulting from con14 tinuing disability reviews carried out pursuant to the

15 requirements of section 221(i) during the fiscal year

16 ending on September 30 of such calendar year (in17 creased or decreased as appropriate to account for

18 deviations of estimates for prior fiscal years from

19 the actual amounts for such fiscal years), and

20 ‘‘(ii) certify the amount of such estimate to the

21 Managing Trustee.

22 ‘‘(B) Upon receipt of certification by the Chief Actu23 ary under subparagraph (A), the Managing Trustee shall

24 transfer to the Account from amounts otherwise in the
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1 Trust Fund an amount equal to the estimated savings so

2 certified.

3 ‘‘(C) To the extent of available funds in the Account,

4 upon certification by the Chief Actuary that such funds

5 are currently required to meet expenditures necessary to

6 provide for continuing disability reviews required under

7 section 221(i), the Managing Trustee shall make available

8 to the Commissioner of Social Security from the Account

9 the amount so certified.

10 ‘‘(D) The expenditures referred to in subparagraph

11 (C)(i) shall include, but not be limited to, the cost of staff12 ing, training, purchase of medical and other evidence, and

13 processing related to appeals (including appeal hearings)

14 and to overpayments and related indirect costs.

15 ‘‘(E) The Commissioner shall use funds made avail16 able pursuant to this paragraph solely for the purposes

17 described in subparagraph (C).’’.

18 (2) CONFORMING AMENDMENT.—Section

19 201(g)(1)(A) of such Act (42 U.S.C. 401(g)(1)(A))

20 is amended in the last sentence by inserting ‘‘(other

21 than expenditures from available funds in the Con22 tinuing Disability Review Administration Revolving

23 Account in the Federal Disability Insurance Trust

24 Fund made pursuant to subsection (n))’’ after ‘‘is

25 responsible’’ the first place it appears.
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1 (3) ANNUAL REPORT.—Section 221(i)(3) of

2 such Act (42 U.S.C. 421(i)(3)) is amended—

3 (A) by striking ‘‘and the number’’ and in4 serting ‘‘the number’’;

5 (B) by striking the period at the end and

6 inserting a comma; and

7 (C) by adding at the end the following:

8 ‘‘and a final accounting of amounts transferred

9 to the Continuing Disability Review Adminis10 tration Revolving Account in the Federal Dis11 ability Insurance Trust Fund during the year,

12 the amount made available from such Account

13 during such year pursuant to certifications

14 made by the Chief Actuary of the Social Secu15 rity Administration under section 201(n)(2)(A),

16 and expenditures made by the Commissioner of

17 Social Security for the purposes described in

18 section 201(n)(2)(C) during the year, including

19 a comparison of the number of continuing dis20 ability reviews conducted during the year with

21 the estimated number of continuing disability

22 reviews upon which the estimate of such ex23 penditures was made under section

24 201(n)(2)(A).’’.

25 (b) EFFECTIVE DATE AND SUNSET.—
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1 (1) EFFECTIVE DATE.—The amendments made

2 by subsection (a) shall apply for fiscal years begin3 ning on or after October 1, 1995, and ending on or

4 before September 30, 2002.

5 (2) SUNSET.—Effective October 1, 2002, the

6 Continuing Disability Review Administration Revolv7 ing Account in the Federal Disability Insurance

8 Trust Fund shall cease to exist, any balance in such

9 Account shall revert to funds otherwise available in

10 such Trust Fund, and sections 201 and 221 of the

11 Social Security Act shall read as if the amendments

12 made by subsection (a) had not been enacted.

13 (c) OFFICE OF CHIEF ACTUARY IN THE SOCIAL SE14 CURITY ADMINISTRATION.—

15 (1) IN GENERAL.—Section 702 of such Act (42

16 U.S.C. 902) is amended—

17 (A) by redesignating subsections (c) and

18 (d) as subsections (d) and (e), respectively; and

19 (B) by inserting after subsection (b) the

20 following new subsection:

21 ‘‘Chief Actuary

22 ‘‘(c)(1) There shall be in the Administration a Chief

23 Actuary, who shall be appointed by, and in direct line of

24 authority to, the Commissioner. The Chief Actuary shall

25 be appointed from individuals who have demonstrated, by
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1 their education and experience, superior expertise in the

2 actuarial sciences. The Chief Actuary shall serve as the

3 chief actuarial officer of the Administration, and shall ex4 ercise such duties as are appropriate for the office of the

5 Chief Actuary and in accordance with professional stand6 ards of actuarial independence. The Chief Actuary may

7 be removed only for cause.

8 ‘‘(2) The Chief Actuary shall be compensated at the

9 highest rate of basic pay for the Senior Executive Service

10 under section 5382(b) of title 5, United States Code.’’.

11 (2) EFFECTIVE DATE OF SUBSECTION.—The

12 amendments made by this subsection shall take ef13 fect on the date of the enactment of this Act.

14 SEC. 4. ENTITLEMENT OF STEPCHILDREN TO CHILD’S IN15 SURANCE BENEFITS BASED ON ACTUAL DE16 PENDENCY ON STEPPARENT SUPPORT.

17 (a) REQUIREMENT OF ACTUAL DEPENDENCY FOR

18 FUTURE ENTITLEMENTS.—

19 (1) IN GENERAL.—Section 202(d)(4) of the So20 cial Security Act (42 U.S.C. 402(d)(4)) is amended

21 by striking ‘‘was living with or’’.

22 (2) EFFECTIVE DATE.—The amendment made

23 by paragraph (1) shall apply with respect to benefits

24 of individuals who become entitled to such benefits
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1 for months after the third month following the

2 month in which this Act is enacted.

3 (b) TERMINATION OF CHILD’S INSURANCE BENE4 FITS BASED ON WORK RECORD OF STEPPARENT UPON

5 NATURAL PARENT’S DIVORCE FROM STEPPARENT.—

6 (1) IN GENERAL.—Section 202(d)(1) of the So7 cial Security Act (42 U.S.C. 402(d)(1)) is amend8 ed—

9 (A) by striking ‘‘or’’ at the end of clause

10 (F);

11 (B) by striking the period at the end of

12 clause (G) and inserting ‘‘; or’’; and

13 (C) by inserting after clause (G) the fol14 lowing new clause:

15 ‘‘(H) if the benefits under this subsection are

16 based on the wages and self-employment income of

17 a stepparent who is subsequently divorced from such

18 child’s natural parent, the sixth month after the

19 month in which the Commissioner of Social Security

20 receives formal notification of such divorce.’’.

21 (2) EFFECTIVE DATE.—The amendments made

22 by this subsection shall apply with respect to notifi23 cations of divorces received by the Commissioner of

24 Social Security on or after the date of the enactment

25 of this Act.
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1 SEC. 5. RECOMPUTATION OF BENEFITS AFTER NORMAL

2 RETIREMENT AGE.

3 (a) IN GENERAL.—Section 215(f)(2)(D)(i) of the So4 cial Security Act (42 U.S.C. 415(f)(2)(D)(i)) is amended

5 to read as follows:

6 ‘‘(i) in the case of an individual who did not die

7 in the year with respect to which the recomputation

8 is made, for monthly benefits beginning with bene9 fits for January of—

10 ‘‘(I) the second year following the year

11 with respect to which the recomputation is

12 made, in any such case in which the individual

13 has attained retirement age (as defined in sec14 tion 216(l)) as of the end of the year preceding

15 the year with respect to which the recomputa16 tion is made and the year with respect to which

17 the recomputation is made would not be sub18 stituted in recomputation under this subsection

19 for a benefit computation year in which no

20 wages or self-employment income have been

21 credited previously to such individual, or

22 ‘‘(II) the first year following the year with

23 respect to which the recomputation is made, in

24 any other such case; or’’.

25 (b) CONFORMING AMENDMENTS.—
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1 (1) Section 215(f)(7) of such Act (42 U.S.C.

2 415(f)(7)) is amended by inserting ‘‘, and as

3 amended by section 5(b)(2) of the Senior Citizens’

4 Right to Work Act of 1995,’’ after ‘‘This subsection

5 as in effect in December 1978’’.

6 (2) Subparagraph (A) of section 215(f)(2) of

7 the Social Security Act as in effect in December

8 1978 and applied in certain cases under the provi9 sions of such Act as in effect after December 1978

10 is amended—

11 (A) by striking ‘‘in the case of an individ12 ual who did not die’’ and all that follows and

13 inserting ‘‘in the case of an individual who did

14 not die in the year with respect to which the re15 computation is made, for monthly benefits be16 ginning with benefits for January of—’’; and

17 (B) by adding at the end the following:

18 ‘‘(i) the second year following the year with

19 respect to which the recomputation is made, in

20 any such case in which the individual has at21 tained age 65 as of the end of the year preced22 ing the year with respect to which the recom23 putation is made and the year with respect to

24 which the recomputation is made would not be

25 substituted in recomputation under this sub-
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1 section for a benefit computation year in which

2 no wages or self-employment income have been

3 credited previously to such individual, or

4 ‘‘(ii) the first year following the year with

5 respect to which the recomputation is made, in

6 any other such case; or’’.

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

8 this section shall apply with respect to recomputations of

9 primary insurance amounts based on wages paid and self

10 employment income derived after 1994 and with respect

11 to benefits payable after December 31, 1995.

12 SEC. 6. ELIMINATION OF THE ROLE OF THE SOCIAL SECU13 RITY ADMINISTRATION IN PROCESSING AT14 TORNEY FEES.

15 (a) ACTIONS BEFORE THE COMMISSIONER.—Section

16 206(a) of the Social Security Act (42 U.S.C. 406(a)) is

17 amended—

18 (1) in paragraph (1), by striking the fourth and

19 fifth sentences;

20 (2) by striking paragraphs (2), (3), and (4);

21 (3) by inserting after paragraph (1) the follow22 ing new paragraph:

23 ‘‘(2)(A) No person, agent, or attorney may charge in

24 excess of $4,000 (or, if higher, the amount set pursuant

25 to subparagraph (B)) for services performed in connection
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1 with any claim before the Commissioner under this title,

2 or for services performed in connection with concurrent

3 claims before the Commissioner under this title and title

4 XVI.

5 ‘‘(B) The Commissioner may increase the dollar

6 amount under subparagraph (A) whenever the Commis7 sioner determines that such an increase is warranted. The

8 Commissioner shall publish any such increased amount in

9 the Federal Register.

10 ‘‘(C) Any agreement in violation of this paragraph

11 shall be void.

12 ‘‘(D) Whenever the Commissioner makes a favorable

13 determination in connection with any claim for benefits

14 under this title by a claimant who is represented by a per15 son, agent, or attorney, the Commissioner shall provide

16 the claimant and such person, agent, or attorney a written

17 notice of—

18 ‘‘(i) the determination,

19 ‘‘(ii) the dollar amount of any benefits payable

20 to the claimant, and

21 ‘‘(iii) the maximum amount under paragraph

22 (2) that may be charged for services performed in

23 connection with such claim.’’; and

24 (4) by redesignating paragraph (5) as para25 graph (3).
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1 (b) JUDICIAL PROCEEDINGS.—Section 206(b)(1) of

2 such Act (42 U.S.C. 406(b)(1)) is amended—

3 (1) in the first sentence of subparagraph (A),

4 by striking ‘‘representation,’’ and all that follows

5 and inserting the following: ‘‘representation. In de6 termining a reasonable fee, the court shall take into

7 consideration the amount of the fee, if any, that

8 such attorney, or any other person, agent, or attor9 ney, may charge the claimant for services performed

10 in connection with the claimant’s claim when it was

11 pending before the Commissioner.’’;

12 (2) in the second sentence of subparagraph (A),

13 by striking ‘‘or certified for payment’’;

14 (3) by striking subparagraph (B); and

15 (4) by striking ‘‘(b)(1)(A)’’ and inserting

16 ‘‘(b)(1)’’.

17 (c) CONFORMING AMENDMENTS.—

18 (1) Section 223(h)(3) of such Act (42 U.S.C.

19 423(h)(3)) is amended by striking all that follows

20 ‘‘obtained)’’ and inserting a period.

21 (2) Section 1127(a) of such Act (42 U.S.C.

22 1320a–6(a)) is amended by striking the last sen23 tence.

24 (3) Section 1631(d)(2)(A) of such Act (42

25 U.S.C. 1383(d)(2)(A)) is amended—
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1 (A) by striking ‘‘(other than paragraph (4)

2 thereof)’’; and

3 (B) by striking all that follows ‘‘title II’’

4 and inserting a period.

5 (d) EFFECTIVE DATE.—The amendments made by

6 this section shall apply with respect to—

7 (1) any claim for benefits under the old-age,

8 survivors, and disability insurance program under

9 title II of the Social Security Act, the supplemental

10 security income program under title XVI of such

11 Act, or the black lung program under part B of the

12 Black Lung Benefits Act that is initially filed on or

13 after the 60th day following the date of the enact14 ment of this Act, and

15 (2) any claim for such benefits filed before such

16 60th day by a claimant who is first represented by

17 any person, agent, or attorney in connection with

18 such claim on or after such 60th day.

19 SEC. 7. DENIAL OF DISABILITY BENEFITS TO DRUG AD20 DICTS AND ALCOHOLICS.

21 (a) AMENDMENTS RELATING TO TITLE II DISABIL22 ITY BENEFITS.—

23 (1) IN GENERAL.—Section 223(d)(2) of the So24 cial Security Act (42 U.S.C. 423(d)(2)) is amended

25 by adding at the end the following:
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1 ‘‘(C) An individual shall not be considered to be dis2 abled for purposes of this title if alcoholism or drug addic3 tion would (but for this subparagraph) be a contributing

4 factor material to the Commissioner’s determination that

5 the individual is disabled.’’.

6 (2) REPRESENTATIVE PAYEE REQUIRE7 MENTS.—

8 (A) Section 205(j)(1)(B) of such Act (42

9 U.S.C. 405(j)(1)(B)) is amended to read as fol10 lows:

11 ‘‘(B) In the case of an individual entitled to benefits

12 based on disability, the payment of such benefits shall be

13 made to a representative payee if the Commissioner of So14 cial Security determines that such payment would serve

15 the interest of the individual because the individual also

16 has an alcoholism or drug addiction condition (as deter17 mined by the Commissioner) that prevents the individual

18 from managing such benefits.’’.

19 (B) Section 205(j)(2)(C)(v) of such Act

20 (42 U.S.C. 405(j)(2)(C)(v)) is amended by

21 striking ‘‘entitled to benefits’’ and all that fol22 lows through ‘‘under a disability’’ and inserting

23 ‘‘described in paragraph (1)(B)’’.

24 (C) Section 205(j)(2)(D)(i)(II) of such Act

25 (42 U.S.C. 405(j)(2)(D)(i)(II)) is amended by
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1 striking all that follows ‘‘15 years, or’’ and in2 serting ‘‘described in paragraph (1)(B).’’.

3 (D) Section 205(j)(4)(A)(i)(II) (42 U.S.C.

4 405(j)(4)(A)(i)(II)) is amended by striking ‘‘en5 titled to benefits’’ and all that follows through

6 ‘‘under a disability’’ and inserting ‘‘described in

7 paragraph (1)(B)’’.

8 (3) TREATMENT REFERRALS FOR INDIVIDUALS

9 WITH AN ALCOHOLISM OR DRUG ADDICTION CONDI10 TION.—Section 222 of such Act (42 U.S.C. 422) is

11 amended by adding at the end the following new

12 subsection:

13 ‘‘Treatment Referrals for Individuals With an Alcoholism

14 or Drug Addiction Condition

15 ‘‘(e) In the case of any individual whose benefits

16 under this title are paid to a representative payee pursu17 ant to section 205(j)(1)(B), the Commissioner of Social

18 Security shall refer such individual to the appropriate

19 State agency administering the State plan for substance

20 abuse treatment services approved under subpart II of

21 part B of title XIX of the Public Health Service Act (42

22 U.S.C. 300x–21 et seq.).’’.

23 (4) CONFORMING AMENDMENT.—Subsection (c)

24 of section 225 of such Act (42 U.S.C. 425(c)) is re25 pealed.
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1 (5) EFFECTIVE DATES.—

2 (A) The amendments made by paragraphs

3 (1) and (4) shall apply—

4 (i) in the case of individuals who are

5 entitled to monthly insurance benefits

6 under title II of the Social Security Act

7 based on disability for the month in which

8 this Act is enacted, with respect to such

9 benefits for months beginning on or after

10 January 1, 1997, and

11 (ii) in any other case, with respect to

12 benefits for which applications are filed on

13 or after the date of the enactment of this

14 Act.

15 (B) The amendments made by paragraphs

16 (2) and (3) shall apply with respect to benefits

17 for which applications are filed on or after the

18 date of the enactment of this Act.

19 (C) If an individual who is entitled to

20 monthly insurance benefits under title II of the

21 Social Security Act based on disability for the

22 month in which this Act is enacted and whose

23 entitlement to such benefits would terminate by

24 reason of the amendments made by this sub25 section reapplies for benefits under title II of
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1 such Act (as amended by this Act) based on

2 disability within 120 days after the date of the

3 enactment of this Act, the Commissioner of So4 cial Security shall, not later than January 1,

5 1997, complete the entitlement redetermination

6 with respect to such individual pursuant to the

7 procedures of such title.

8 (b) AMENDMENTS RELATING TO SSI BENEFITS.—

9 (1) IN GENERAL.—Section 1614(a)(3) of the

10 Social Security Act (42 U.S.C. 1382c(a)(3)) is

11 amended by adding at the end the following:

12 ‘‘(I) Notwithstanding subparagraph (A), an individ13 ual shall not be considered to be disabled for purposes of

14 this title if alcoholism or drug addiction would (but for

15 this subparagraph) be a contributing factor material to

16 the Commissioner’s determination that the individual is

17 disabled.’’.

18 (2) REPRESENTATIVE PAYEE REQUIRE19 MENTS.—

20 (A) Section 1631(a)(2)(A)(ii)(II) of such

21 Act (42 U.S.C. 1383(a)(2)(A)(ii)(II)) is amend22 ed to read as follows:

23 ‘‘(II) In the case of an individual eligible for benefits

24 under this title by reason of disability, the payment of

25 such benefits shall be made to a representative payee if
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1 the Commissioner of Social Security determines that such

2 payment would serve the interest of the individual because

3 the individual also has an alcoholism or drug addiction

4 condition (as determined by the Commissioner) that pre5 vents the individual from managing such benefits.’’.

6 (B) Section 1631(a)(2)(B)(vii) of such Act

7 (42 U.S.C. 1383(a)(2)(B)(vii)) is amended by

8 striking ‘‘eligible for benefits’’ and all that fol9 lows through ‘‘is disabled’’ and inserting ‘‘de10 scribed in subparagraph (A)(ii)(II)’’.

11 (C) Section 1631(a)(2)(B)(ix)(II) of such

12 Act (42 U.S.C. 1383(a)(2)(B)(ix)(II)) is

13 amended by striking all that follows ‘‘15 years,

14 or’’ and inserting ‘‘described in subparagraph

15 (A)(ii)(II).’’.

16 (D) Section 1631(a)(2)(D)(i)(II) of such

17 Act (42 U.S.C. 1383(a)(2)(D)(i)(II)) is amend18 ed by striking ‘‘eligible for benefits’’ and all

19 that follows through ‘‘is disabled’’ and inserting

20 ‘‘described in subparagraph (A)(ii)(II)’’.

21 (3) TREATMENT SERVICES FOR INDIVIDUALS

22 WITH A SUBSTANCE ABUSE CONDITION.—Title XVI

23 of such Act (42 U.S.C. 1381 et seq.) is amended by

24 adding at the end the following new section:
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1 ‘‘TREATMENT SERVICES FOR INDIVIDUALS WITH A

2 SUBSTANCE ABUSE CONDITION

3 ‘‘SEC. 1636. In the case of any individual whose bene4 fits under this title are paid to a representative payee pur5 suant to section 1631(a)(2)(A)(ii)(II), the Commissioner

6 of Social Security shall refer such individual to the appro7 priate State agency administering the State plan for sub8 stance abuse treatment services approved under subpart

9 II of part B of title XIX of the Public Health Service Act

10 (42 U.S.C. 300x–21 et seq.).’’.

11 (4) CONFORMING AMENDMENTS.—

12 (A) Section 1611(e) of such Act (42

13 U.S.C. 1382(e)) is amended by striking para14 graph (3).

15 (B) Section 1634 of such Act (42 U.S.C.

16 1383c) is amended by striking subsection (e).

17 (5) EFFECTIVE DATES.—

18 (A) The amendments made by paragraphs

19 (1) and (4) shall apply—

20 (i) in the case of individuals who are

21 eligible for supplemental security income

22 benefits under title XVI of the Social Secu23 rity Act based on disability for the month

24 in which this Act is enacted, with respect
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1 to such benefits for months beginning on

2 or after January 1, 1997, and

3 (ii) in any other case, with respect to

4 benefits for which applications are filed on

5 or after the date of the enactment of this

6 Act.

7 (B) The amendments made by paragraphs

8 (2) and (3) shall apply with respect to supple9 mental security income benefits under title XVI

10 of the Social Security Act for which applica11 tions are filed on or after the date of the enact12 ment of this Act.

13 (C) If an individual who is eligible for sup14 plemental security income benefits under title

15 XVI of the Social Security Act for the month

16 in which this Act is enacted and whose eligi17 bility for such benefits would terminate by rea18 son of the amendments made by this subsection

19 reapplies for supplemental security income ben20 efits under title XVI of such Act (as amended

21 by this Act) within 120 days after the date of

22 the enactment of this Act, the Commissioner of

23 Social Security shall, not later than January 1,

24 1997, complete the eligibility redetermination
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1 with respect to such individual pursuant to the

2 procedures of such title.

3 (D) For purposes of this paragraph, the

4 phrase ‘‘supplemental security income benefits

5 under title XVI of the Social Security Act’’ in6 cludes supplementary payments pursuant to an

7 agreement for Federal administration under

8 section 1616(a) of the Social Security Act and

9 payments pursuant to an agreement entered

10 into under section 212(b) of Public Law 93–66.

11 (c) CONFORMING AMENDMENT.—Section 201(c) of

12 the Social Security Independence and Program Improve13 ments Act of 1994 (42 U.S.C. 425 note) is repealed.

14 (d) SUPPLEMENTAL FUNDING FOR ALCOHOL AND

15 SUBSTANCE ABUSE TREATMENT PROGRAMS.—

16 (1) IN GENERAL.—Out of any money in the

17 Treasury not otherwise appropriated, there are here18 by appropriated to supplement State and Tribal pro19 grams funded under section 1933 of the Public

20 Health Service Act (42 U.S.C. 300x–33),

21 $100,000,000 for each of the fiscal years 1997 and

22 1998.

23 (2) ADDITIONAL FUNDS.—Amounts appro24 priated under paragraph (1) shall be in addition to

25 any funds otherwise appropriated for allotments
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1 under section 1933 of the Public Health Service Act

2 (42 U.S.C. 300x–33) and shall be allocated pursuant

3 to such section 1933.

4 (3) USE OF FUNDS.—A State or Tribal govern5 ment receiving an allotment under this subsection

6 shall consider as priorities, for purposes of expend7 ing funds allotted under this subsection, activities

8 relating to the treatment of the abuse of alcohol and

9 other drugs.

10 SEC. 8. REVOCATION BY MEMBERS OF THE CLERGY OF EX11 EMPTION FROM SOCIAL SECURITY COV12 ERAGE.

13 (a) IN GENERAL.—Notwithstanding section

14 1402(e)(3) of the Internal Revenue Code of 1986, any ex15 emption which has been received under section 1402(e)(1)

16 of such Code by a duly ordained, commissioned, or li17 censed minister of a church, a member of a religious order,

18 or a Christian Science practitioner, and which is effective

19 for the taxable year in which this Act is enacted, may be

20 revoked by filing an application therefor (in such form and

21 manner, and with such official, as may be prescribed in

22 regulations made under chapter 2 of such Code), if such

23 application is filed no later than the due date of the Fed24 eral income tax return (including any extension thereof)

25 for the applicant’s second taxable year beginning after De-
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1 cember 31, 1995. Any such revocation shall be effective

2 (for purposes of chapter 2 of the Internal Revenue Code

3 of 1986 and title II of the Social Security Act), as speci4 fied in the application, either with respect to the appli5 cant’s first taxable year beginning after December 31,

6 1995, or with respect to the applicant’s second taxable

7 year beginning after such date, and for all succeeding tax8 able years; and the applicant for any such revocation may

9 not thereafter again file application for an exemption

10 under such section 1402(e)(1). If the application is filed

11 after the due date of the applicant’s Federal income tax

12 return for a taxable year and is effective with respect to

13 that taxable year, it shall include or be accompanied by

14 payment in full of an amount equal to the total of the

15 taxes that would have been imposed by section 1401 of

16 the Internal Revenue Code of 1986 with respect to all of

17 the applicant’s income derived in that taxable year which

18 would have constituted net earnings from self-employment

19 for purposes of chapter 2 of such Code (notwithstanding

20 section 1402 (c)(4) or (c)(5) of such Code) except for the

21 exemption under section 1402(e)(1) of such Code.

22 (b) EFFECTIVE DATE.—Subsection (a) shall apply

23 with respect to service performed (to the extent specified

24 in such subsection) in taxable years beginning after De25 cember 31, 1995, and with respect to monthly insurance
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1 benefits payable under title II of the Social Security Act

2 on the basis of the wages and self-employment income of

3 any individual for months in or after the calendar year

4 in which such individual’s application for revocation (as

5 described in such subsection) is effective (and lump-sum

6 death payments payable under such title on the basis of

7 such wages and self-employment income in the case of

8 deaths occurring in or after such calendar year).

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