II

104TH CONGRESS

2D SESSION H. R. 4039

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 18, 1996

Received

AN ACT

To make technical and clarifying amendments to recently

enacted provisions relating to titles II and XVI of the

Social Security Act and to provide for a temporary extension of demonstration project authority in the Social

Security Administration.

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

2 This Act may be cited as the ‘‘Social Security Mis3 cellaneous Amendments Act of 1996’’.

4 SEC. 2. TECHNICAL AMENDMENTS RELATING TO DRUG AD5 DICTS AND ALCOHOLICS.

6 (a) CLARIFICATIONS RELATING TO THE EFFECTIVE

7 DATE OF THE DENIAL OF DISABILITY BENEFITS TO

8 DRUG ADDICTS AND ALCOHOLICS.—

9 (1) AMENDMENTS RELATING TO DISABILITY

10 BENEFITS UNDER TITLE II.—Section 105(a)(5) of

11 the Contract with America Advancement Act of

12 1996 (Public Law 104–121; 110 Stat. 853) is

13 amended—

14 (A) in subparagraph (A), by striking ‘‘by

15 the Commissioner of Social Security’’ and ‘‘by

16 the Commissioner’’; and

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

18 subparagraph:

19 ‘‘(D) For purposes of this paragraph, an

20 individual’s claim, with respect to benefits

21 under title II of the Social Security Act based

22 on disability, which has been denied in whole

23 before the date of the enactment of this Act,

24 may not be considered to be finally adjudicated

25 before such date if, on or after such date—
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1 ‘‘(i) there is pending a request for ei2 ther administrative or judicial review with

3 respect to such claim, or

4 ‘‘(ii) there is pending, with respect to

5 such claim, a readjudication by the Com6 missioner of Social Security pursuant to

7 relief in a class action or implementation

8 by the Commissioner of a court remand

9 order.’’.

10 (2) AMENDMENTS RELATING TO SUPPLE11 MENTAL SECURITY INCOME DISABILITY BENEFITS

12 UNDER TITLE XVI.—Section 105(b)(5) of such Act

13 (Public Law 104–121; 110 Stat. 853) is amended—

14 (A) in subparagraph (A), by striking ‘‘by

15 the Commissioner of Social Security’’ and ‘‘by

16 the Commissioner’’; and

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

18 subparagraph:

19 ‘‘(D) For purposes of this paragraph, an

20 individual’s claim, with respect to supplemental

21 security income benefits under title XVI of the

22 Social Security Act based on disability, which

23 has been denied in whole before the date of the

24 enactment of this Act, may not be considered to
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1 be finally adjudicated before such date if, on or

2 after such date—

3 ‘‘(i) there is pending a request for ei4 ther administrative or judicial review with

5 respect to such claim, or

6 ‘‘(ii) there is pending, with respect to

7 such claim, a readjudication by the Com8 missioner of Social Security pursuant to

9 relief in a class action or implementation

10 by the Commissioner of a court remand

11 order.’’.

12 (b) CORRECTIONS TO EFFECTIVE DATE OF PROVI13 SIONS CONCERNING REPRESENTATIVE PAYEES AND

14 TREATMENT REFERRALS OF DRUG ADDICTS AND ALCO15 HOLICS.—

16 (1) AMENDMENTS RELATING TO TITLE II DIS17 ABILITY BENEFICIARIES.—Section 105(a)(5)(B) of

18 such Act (Public Law 104–121; 110 Stat. 853) is

19 amended to read as follows:

20 ‘‘(B) The amendments made by para21 graphs (2) and (3) shall take effect on July 1,

22 1996, with respect to any individual—

23 ‘‘(i) whose claim for benefits is finally

24 adjudicated on or after the date of the en25 actment of this Act, or
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1 ‘‘(ii) whose entitlement to benefits is

2 based upon an entitlement redetermination

3 made pursuant to subparagraph (C).’’.

4 (2) AMENDMENTS RELATING TO SUPPLE5 MENTAL SECURITY INCOME RECIPIENTS.—Section

6 105(b)(5)(B) of such Act (Public Law 104–121; 110

7 Stat. 853) is amended to read as follows:

8 ‘‘(B) The amendments made by para9 graphs (2) and (3) shall take effect on July 1,

10 1996, with respect to any individual—

11 ‘‘(i) whose claim for benefits is finally

12 adjudicated on or after the date of the en13 actment of this Act, or

14 ‘‘(ii) whose eligibility for benefits is

15 based upon an eligibility redetermination

16 made pursuant to subparagraph (C).’’.

17 (c) REPEAL OF OBSOLETE REPORTING REQUIRE18 MENTS.—Subsections (a)(3)(B) and (b)(3)(B)(ii) of sec19 tion 201 of the Social Security Independence and Program

20 Improvements Act of 1994 (Public Law 103–296; 108

21 Stat. 1497, 1504) are repealed.

22 (d) EFFECTIVE DATES.—

23 (1) The amendments made by subsections (a)

24 and (b) shall be effective as though they had been

25 included in the enactment of section 105 of the Con-
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1 tract with America Advancement Act of 1996 (Pub2 lic Law 104–121; 110 Stat. 852 et seq.).

3 (2) The repeals made by subsection (c) shall

4 take effect on the date of the enactment of this Act.

5 SEC. 3. CLARIFICATION REGARDING REVIEW OF DETER6 MINATIONS BY STATE DISABILITY DETER7 MINATION SERVICES.

8 Section 221(d) of the Social Security Act (42 U.S.C.

9 421(d)) is amended—

10 (1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and

11 (2) by adding at the end the following new

12 paragraph:

13 ‘‘(2) No determination under this section shall be re14 viewed by any person, tribunal, or governmental agency,

15 except as provided in paragraph (1).’’.

16 SEC. 4. EXTENSION OF DISABILITY INSURANCE PROGRAM

17 DEMONSTRATION PROJECT AUTHORITY.

18 (a) IN GENERAL.—Section 505 of the Social Security

19 Disability Amendments of 1980 (Public Law 96–265; 94

20 Stat. 473), as amended by section 12101 of the Consoli21 dated Omnibus Budget Reconciliation Act of 1985 (Public

22 Law 99–272; 100 Stat. 282), section 10103 of the Omni23 bus Budget Reconciliation Act of 1989 (Public Law 101–

24 239; 103 Stat. 2472), section 5120(f) of the Omnibus

25 Budget Reconciliation Act of 1990 (Public Law 101–508;
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1 104 Stat. 1388–282), and section 315 of the Social Secu2 rity Independence and Program Improvements Act of

3 1994 (Public Law 103–296; 108 Stat. 1531), is further

4 amended—

5 (1) in paragraph (1) of subsection (a), by add6 ing at the end the following new sentence: ‘‘The

7 Commissioner may expand the scope of any such ex8 periment or demonstration project to include any

9 group of applicants for benefits under such program

10 with impairments which may reasonably be pre11 sumed to be disabling for purposes of such experi12 ment or demonstration project, and may limit any

13 such experiment or demonstration project to any

14 such group of applicants, subject to the terms of

15 such experiment or demonstration project which

16 shall define the extent of any such presumption.’’;

17 (2) in paragraph (3) of subsection (a), by strik18 ing ‘‘June 10, 1996’’ and inserting ‘‘June 10,

19 1997’’;

20 (3) in paragraph (4) of subsection (a), by in21 serting ‘‘and on or before October 1, 1996,’’ after

22 ‘‘1995,’’; and

23 (4) in subsection (c), by striking ‘‘October 1,

24 1996’’ and inserting ‘‘October 1, 1997’’.
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1 (b) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall take effect on the date of the enact3 ment of this Act.

4 SEC. 5. PERFECTING AMENDMENTS RELATED TO WITH5 HOLDING FROM SOCIAL SECURITY BENEFITS.

6 (a) INAPPLICABILITY OF ASSIGNMENT PROHIBI7 TION.—Section 207 of the Social Security Act (42 U.S.C.

8 407) is amended by adding at the end the following new

9 subsection:

10 ‘‘(c) Nothing in this section shall be construed to pro11 hibit withholding taxes from any benefit under this title,

12 if such withholding is done pursuant to a request made

13 in accordance with section 3402(p)(1) of the Internal Rev14 enue Code of 1986 by the person entitled to such benefit.’’.

15 (b) PROPER ALLOCATION OF COSTS OF WITHHOLD16 ING BETWEEN THE TRUST FUNDS AND THE GENERAL

17 FUND.—Section 201(g) of such Act (42 U.S.C. 401(g))

18 is amended—

19 (1) by inserting before the period in paragraph

20 (1)(A)(ii) the following: ‘‘and the functions of the

21 Social Security Administration in connection with

22 the withholding of taxes from benefits, as described

23 in section 207(c), pursuant to requests by persons

24 entitled to such benefits’’;
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1 (2) by inserting before the period at the end of

2 paragraph (1)(A) the following: ‘‘and the functions

3 of the Social Security Administration in connection

4 with the withholding of taxes from benefits, as de5 scribed in section 207(c), pursuant to requests by

6 persons entitled to such benefits’’;

7 (3) in paragraph (1)(B)(i)(I), by striking ‘‘sub8 paragraph (A)),’’ and inserting ‘‘subparagraph (A))

9 and the functions of the Social Security Administra10 tion in connection with the withholding of taxes from

11 benefits, as described in section 207(c), pursuant to

12 requests by persons entitled to such benefits,’’;

13 (4) in paragraph (1)(C)(iii), by inserting before

14 the period the following: ‘‘and the functions of the

15 Social Security Administration in connection with

16 the withholding of taxes from benefits, as described

17 in section 207(c), pursuant to requests by persons

18 entitled to such benefits’’;

19 (5) in paragraph (1)(D), by inserting after

20 ‘‘section 232’’ the following: ‘‘and the functions of

21 the Social Security Administration in connection

22 with the withholding of taxes from benefits as de23 scribed in section 207(c)’’; and

24 (6) in paragraph (4), by inserting after the first

25 sentence the following: ‘‘The Boards of Trustees of
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1 such Trust Funds shall prescribe before January 1,

2 1997, the method of determining the costs which

3 should be borne by the general fund in the Treasury

4 of carrying out the functions of the Social Security

5 Administration in connection with the withholding of

6 taxes from benefits, as described in section 207(c),

7 pursuant to requests by persons entitled to such

8 benefits.’’.

9 SEC. 6. TREATMENT OF PRISONERS.

10 (a) IMPLEMENTATION OF PROHIBITION AGAINST

11 PAYMENT OF TITLE II BENEFITS TO PRISONERS.—

12 (1) IN GENERAL.—Section 202(x)(3) of the So13 cial Security Act (42 U.S.C. 402(x)(3)) is amend14 ed—

15 (A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and

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

17 subparagraph:

18 ‘‘(B)(i) The Commissioner shall enter into an agree19 ment, with any interested State or local institution com20 prising a jail, prison, penal institution, correctional facil21 ity, or other institution a purpose of which is to confine

22 individuals as described in paragraph (1)(A), under

23 which—

24 ‘‘(I) the institution shall provide to the Com25 missioner, on a monthly basis and in a manner spec-
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1 ified by the Commissioner, the names, social security

2 account numbers, dates of birth, confinement com3 mencement dates, and, to the extent available to the

4 institution, such other identifying information con5 cerning the individuals confined in the institution as

6 the Commissioner may require for the purpose of

7 carrying out paragraph (1); and

8 ‘‘(II) except as provided in clause (ii), the Com9 missioner shall pay to the institution, with respect to

10 information described in subclause (I) concerning

11 each individual who is confined therein as described

12 in paragraph (1)(A), to whom a benefit under this

13 title is payable for the month preceding the first

14 month of such confinement, and whose benefit under

15 this title ceases to be payable as a result of the ap16 plication of this subsection, $400 (subject to reduc17 tion under clause (iii)) if the institution furnishes

18 the information to the Commissioner within 30 days

19 after the date such individual’s confinement in such

20 institution begins, or $200 (subject to reduction

21 under clause (iii)) if the institution furnishes the in22 formation after 30 days after such date but within

23 90 days after such date.

24 ‘‘(ii) No amount shall be payable to an institution

25 with respect to information concerning an individual under
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1 an agreement entered into under clause (i) if, prior to the

2 Commissioner’s receipt of the information, the Commis3 sioner has determined that benefits under this title are

4 no longer payable to such individual as a result of the ap5 plication of this subsection.

6 ‘‘(iii) The dollar amounts specified in clause (i)(II)

7 shall be reduced by 50 percent if the Commissioner is also

8 required to make a payment to the institution with respect

9 to the same individual under an agreement entered into

10 under section 1611(e)(1)(I).

11 ‘‘(iv) There shall be transferred from the Federal

12 Old-Age and Survivors Insurance Trust Fund and the

13 Federal Disability Insurance Trust Fund, as appropriate,

14 such sums as may be necessary to enable the Commis15 sioner to make payments to institutions required by clause

16 (i)(II). Sums so transferred shall be treated as direct

17 spending for purposes of the Balanced Budget and Emer18 gency Deficit Control Act of 1985 and excluded from

19 budget totals in accordance with section 13301 of the

20 Budget Enforcement Act of 1990.

21 ‘‘(v) The Commissioner is authorized to provide, on

22 a reimbursable basis, information obtained pursuant to

23 agreements entered into under clause (i) to any Federal

24 or federally-assisted cash, food, or medical assistance pro25 gram for eligibility purposes.’’.
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1 (2) EFFECTIVE DATE.—The amendments made

2 by this subsection shall apply as if included in the

3 enactment of section 203(a) of the Personal Respon4 sibility and Work Opportunity Reconciliation Act of

5 1996.

6 (b) ELIMINATION OF TITLE II REQUIREMENT THAT

7 CONFINEMENT STEM FROM CRIME PUNISHABLE BY IM8 PRISONMENT FOR MORE THAN 1 YEAR.—

9 (1) IN GENERAL.—Section 202(x)(1)(A) of such

10 Act (42 U.S.C. 402(x)(1)(A)) is amended—

11 (A) in the matter preceding clause (i), by

12 striking ‘‘during’’ and inserting ‘‘throughout’’;

13 (B) in clause (i), by striking ‘‘an offense

14 punishable by imprisonment for more than 1

15 year (regardless of the actual sentence im16 posed)’’ and inserting ‘‘a criminal offense’’; and

17 (C) in clause (ii)(I), by striking ‘‘an of18 fense punishable by imprisonment for more

19 than 1 year’’ and inserting ‘‘a criminal of20 fense’’.

21 (2) EFFECTIVE DATE.—The amendments made

22 by this subsection shall be effective with respect to

23 benefits payable for months after February 1997.

24 (c) INCLUSION OF TITLE II ISSUES IN STUDY AND

25 REPORT REQUIREMENTS RELATING TO PRISONERS.—
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1 (1) Section 203(b)(1) of the Personal Respon2 sibility and Work Opportunity Reconciliation Act of

3 1996 (Public Law 104–193) is amended—

4 (A) in subparagraph (A), by striking ‘‘sec5 tion 1611(e)(1)’’ and inserting ‘‘sections 202(x)

6 and 1611(e)(1)’’; and

7 (B) in subparagraph (B), by striking ‘‘sec8 tion 1611(e)(1)(I)’’ and inserting ‘‘section

9 202(x)(3)(B) or 1611(e)(1)(I)’’.

10 (2) Section 203(c) of such Act is amended by

11 striking ‘‘section 1611(e)(1)(I)’’ and all that follows

12 and inserting the following: ‘‘sections 202(x)(3)(B)

13 and 1611(e)(1)(I) of the Social Security Act.’’.

14 (3) The amendments made by paragraph (1)

15 shall apply as if included in the enactment of section

16 203(b) of the Personal Responsibility and Work Op17 portunity Reconciliation Act of 1996 (Public Law

18 104–193). The amendment made by paragraph (2)

19 shall apply as if included in the enactment of section

20 203(c) of such Act.

21 (d) CONFORMING TITLE XVI AMENDMENTS.—

22 (1) PRECLUSION OF TITLE XVI PAYMENT WHEN

23 INFORMATION FURNISHED BY AN INSTITUTION IS

24 ALREADY KNOWN BY THE COMMISSIONER.—Section

25 1611(e)(1)(I) of the Social Security Act (as added
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1 by section 203(a)(1) of the Personal Responsibility

2 and Work Opportunity Reconciliation Act of 1996

3 (Public Law 104–193)) is amended—

4 (A) in clause (i)(II), by inserting ‘‘except

5 as provided in clause (ii),’’ after ‘‘(II)’’;

6 (B) by redesignating clauses (ii) and (iii)

7 as clauses (iv) and (v), respectively; and

8 (C) by inserting after clause (i) the follow9 ing new clause:

10 ‘‘(ii) No amount shall be payable to an institution

11 with respect to information concerning an inmate under

12 an agreement entered into under clause (i) if, prior to the

13 Commissioner’s receipt of the information, the Commis14 sioner has determined that the inmate is no longer an eli15 gible individual or eligible spouse for purposes of this title

16 as a result of the application of this paragraph.’’.

17 (2) FIFTY PERCENT REDUCTION IN TITLE XVI

18 PAYMENT IN CASE INVOLVING COMPARABLE TITLE II

19 PAYMENT.—Section 1611(e)(1)(I) of such Act (as

20 amended by paragraph (1)) is amended further—

21 (A) in clause (i)(II), by inserting ‘‘(subject

22 to reduction under clause (iii))’’ after ‘‘$400’’

23 and after ‘‘$200’’; and

24 (B) by inserting after clause (ii) the follow25 ing new clause:
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1 ‘‘(iii) The dollar amounts specified in clause (i)(II)

2 shall be reduced by 50 percent if the Commissioner is also

3 required to make a payment to the institution with respect

4 to the same individual under an agreement entered into

5 under section 202(x)(3)(B).’’.

6 (3) EXPANSION OF CATEGORIES OF INSTITU7 TIONS ELIGIBLE TO ENTER INTO AGREEMENTS WITH

8 THE COMMISSIONER.—Section 1611(e)(1)(I)(i) of

9 such Act (as added by section 203(a)(1) of the Per10 sonal Responsibility and Work Opportunity Rec11 onciliation Act of 1996 (Public Law 104–193)) is

12 amended in the matter preceding subclause (I) by

13 striking ‘‘institution’’ and all that follows through

14 ‘‘section 202(x)(1)(A),’’ and inserting ‘‘institution

15 comprising a jail, prison, penal institution, or correc16 tional facility, or with any other interested State or

17 local institution a purpose of which is to confine in18 dividuals as described in section 202(x)(1)(A)(ii),’’.

19 (4) LIMITATION ON CATEGORIES OF INMATES

20 WITH RESPECT TO WHOM PAYMENT MAY BE

21 MADE.—Section 1611(e)(1)(I)(i)(II) of such Act (as

22 added by section 203(a)(1) of the Personal Respon23 sibility and Work Opportunity Reconciliation Act of

24 1996 (Public Law 104–193)) is amended by striking

25 ‘‘inmate of the institution’’ and all that follows
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1 through ‘‘in such institution and’’ and inserting ‘‘in2 dividual who is eligible for a benefit under this title

3 for the month preceding the first month throughout

4 which the individual is an inmate of the jail, prison,

5 penal institution, or correctional facility, or is con6 fined in the institution as described in section

7 202(x)(1)(A)(ii), and who’’.

8 (5) TECHNICAL CORRECTION.—Section

9 1611(e)(1)(I)(i)(II) of such Act (as amended by the

10 preceding provisions of this subsection) is amended

11 further by striking ‘‘subparagraph’’ and inserting

12 ‘‘paragraph’’.

13 (6) EFFECTIVE DATE.—The amendments made

14 by this subsection shall apply as if included in the

15 enactment of section 203(a) of the Personal Respon16 sibility and Work Opportunity Reconciliation Act of

17 1996 (Public Law 104–193). The references to sec18 tion 202(x)(1)(A)(ii) of the Social Security Act in

19 section 1611(e)(1)(I)(i) of such Act as amended by

20 paragraphs (3) and (4) shall be deemed a reference

21 to such section 202(x)(1)(A)(ii) as amended by sub22 section (b)(1)(C).

23 (e) EXEMPTION FROM COMPUTER MATCHING RE24 QUIREMENTS.—
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1 (1) IN GENERAL.—Section 552a(a)(8)(B) of

2 title 5, United States Code, is amended—

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

4 (vi);

5 (B) by adding ‘‘or’’ at the end of clause

6 (vii); and

7 (C) by inserting after clause (vii) the fol8 lowing new clause:

9 ‘‘(viii) matches performed pursuant to

10 section 202(x) or 1611(e)(1) of the Social

11 Security Act;’’.

12 (2) CONFORMING AMENDMENT.—Section

13 1611(e)(1)(I)(iv) of the Social Security Act (as

14 added by section 203(a)(1) of the Personal Respon15 sibility and Work Opportunity Reconciliation Act of

16 1996 (Public Law 104–193) and redesignated by

17 subsection (d)(1)(B)) is amended further by striking

18 ‘‘(I) The provisions’’ and all that follows through

19 ‘‘(II) The Commissioner’’ and inserting ‘‘The Com20 missioner’’.
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1 (3) EFFECTIVE DATE.—The amendments made

2 by this subsection shall take effect on the date of the

3 enactment of this Act.

Passed the House of Representatives September 17,

1996.

Attest: ROBIN H. CARLE,

Clerk.