Union Calendar No. 424

104TH CONGRESS

2D SESSION H. R. 4039

[Report No. 104–786]

A BILL

To make technical and clarifying amendments to

tration.project authority in the Social Security Adminisvide for a temporary extension of demonstrationand XVI of the Social Security Act and to prorecently enacted provisions relating to titles II

SEPTEMBER 16, 1996

Committed to the Committee of the Whole House on the

State of the Union and ordered to be printed
IB

Union Calendar No. 424

104TH CONGRESS

2D SESSION H. R. 4039

[Report No. 104–786]

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.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 10, 1996

Mr. BUNNING of Kentucky (for himself and Mr. JACOBS) introduced the

following bill; which was referred to the Committee on Ways and Means

SEPTEMBER 16, 1996

Additional sponsor: Mr. BENTSEN

SEPTEMBER 16, 1996

Committed to the Committee of the Whole House on the State of the Union

and ordered to be printed

A BILL

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.
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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 ‘‘Social Security Mis5 cellaneous Amendments Act of 1996’’.

6 SEC. 2. TECHNICAL AMENDMENTS RELATING TO DRUG AD7 DICTS AND ALCOHOLICS.

8 (a) CLARIFICATIONS RELATING TO THE EFFECTIVE

9 DATE OF THE DENIAL OF DISABILITY BENEFITS TO

10 DRUG ADDICTS AND ALCOHOLICS.—

11 (1) AMENDMENTS RELATING TO DISABILITY

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

13 the Contract with America Advancement Act of

14 1996 (Public Law 104–121; 110 Stat. 853) is

15 amended—

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

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

18 the Commissioner’’; and

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

20 subparagraph:

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

22 individual’s claim, with respect to benefits

23 under title II of the Social Security Act based

24 on disability, which has been denied in whole

25 before the date of the enactment of this Act,
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1 may not be considered to be finally adjudicated

2 before such date if, on or 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 (2) AMENDMENTS RELATING TO SUPPLE13 MENTAL SECURITY INCOME DISABILITY BENEFITS

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

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

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

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

18 the Commissioner’’; and

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

20 subparagraph:

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

22 individual’s claim, with respect to supplemental

23 security income benefits under title XVI of the

24 Social Security Act based on disability, which

25 has been denied in whole before the date of the
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1 enactment of this Act, may not be considered to

2 be finally adjudicated before such date if, on or

3 after such date—

4 ‘‘(i) there is pending a request for ei5 ther administrative or judicial review with

6 respect to such claim, or

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

8 such claim, a readjudication by the Com9 missioner of Social Security pursuant to

10 relief in a class action or implementation

11 by the Commissioner of a court remand

12 order.’’.

13 (b) CORRECTIONS TO EFFECTIVE DATE OF PROVI14 SIONS CONCERNING REPRESENTATIVE PAYEES AND

15 TREATMENT REFERRALS OF DRUG ADDICTS AND ALCO16 HOLICS.—

17 (1) AMENDMENTS RELATING TO TITLE II DIS18 ABILITY BENEFICIARIES.—Section 105(a)(5)(B) of

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

20 amended to read as follows:

21 ‘‘(B) The amendments made by para22 graphs (2) and (3) shall take effect on July 1,

23 1996, with respect to any individual—
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1 ‘‘(i) whose claim for benefits is finally

2 adjudicated on or after the date of the en3 actment of this Act, or

4 ‘‘(ii) whose entitlement to benefits is

5 based upon an entitlement redetermination

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

7 (2) AMENDMENTS RELATING TO SUPPLE8 MENTAL SECURITY INCOME RECIPIENTS.—Section

9 105(b)(5)(B) of such Act (Public Law 104–121; 110

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

11 ‘‘(B) The amendments made by para12 graphs (2) and (3) shall take effect on July 1,

13 1996, with respect to any individual—

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

15 adjudicated on or after the date of the en16 actment of this Act, or

17 ‘‘(ii) whose eligibility for benefits is

18 based upon an eligibility redetermination

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

20 (c) REPEAL OF OBSOLETE REPORTING REQUIRE21 MENTS.—Subsections (a)(3)(B) and (b)(3)(B)(ii) of sec22 tion 201 of the Social Security Independence and Program

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

24 Stat. 1497, 1504) are repealed.

25 (d) EFFECTIVE DATES.—
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1 (1) The amendments made by subsections (a)

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

3 included in the enactment of section 105 of the Con4 tract with America Advancement Act of 1996 (Pub5 lic Law 104–121; 110 Stat. 852 et seq.).

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

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

8 SEC. 3. CLARIFICATION REGARDING REVIEW OF DETER9 MINATIONS BY STATE DISABILITY DETER10 MINATION SERVICES.

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

12 421(d)) is amended—

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

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

15 paragraph:

16 ‘‘(2) No determination under this section shall be re17 viewed by any person, tribunal, or governmental agency,

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

19 SEC. 4. EXTENSION OF DISABILITY INSURANCE PROGRAM

20 DEMONSTRATION PROJECT AUTHORITY.

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

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

23 Stat. 473), as amended by section 12101 of the Consoli24 dated Omnibus Budget Reconciliation Act of 1985 (Public

25 Law 99–272; 100 Stat. 282), section 10103 of the Omni-
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1 bus Budget Reconciliation Act of 1989 (Public Law 101–

2 239; 103 Stat. 2472), section 5120(f) of the Omnibus

3 Budget Reconciliation Act of 1990 (Public Law 101–508;

4 104 Stat. 1388–282), and section 315 of the Social Secu5 rity Independence and Program Improvements Act of

6 1994 (Public Law 103–296; 108 Stat. 1531), is further

7 amended—

8 (1) in paragraph (1) of subsection (a), by add9 ing at the end the following new sentence: ‘‘The

10 Commissioner may expand the scope of any such ex11 periment or demonstration project to include any

12 group of applicants for benefits under such program

13 with impairments which may reasonably be pre14 sumed to be disabling for purposes of such experi15 ment or demonstration project, and may limit any

16 such experiment or demonstration project to any

17 such group of applicants, subject to the terms of

18 such experiment or demonstration project which

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

20 (2) in paragraph (3) of subsection (a), by strik21 ing ‘‘June 10, 1996’’ and inserting ‘‘June 10,

22 1997’’;

23 (3) in paragraph (4) of subsection (a), by in24 serting ‘‘and on or before October 1, 1996,’’ after

25 ‘‘1995,’’; and
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1 (4) in subsection (c), by striking ‘‘October 1,

2 1996’’ and inserting ‘‘October 1, 1997’’.

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

4 subsection (a) shall take effect on the date of the enact5 ment of this Act.

6 SEC. 5. PERFECTING AMENDMENTS RELATED TO WITH7 HOLDING FROM SOCIAL SECURITY BENEFITS.

8 (a) INAPPLICABILITY OF ASSIGNMENT PROHIBI9 TION.—Section 207 of the Social Security Act (42 U.S.C.

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

11 subsection:

12 ‘‘(c) Nothing in this section shall be construed to pro13 hibit withholding taxes from any benefit under this title,

14 if such withholding is done pursuant to a request made

15 in accordance with section 3402(p)(1) of the Internal Rev16 enue Code of 1986 by the person entitled to such benefit.’’.

17 (b) PROPER ALLOCATION OF COSTS OF WITHHOLD18 ING BETWEEN THE TRUST FUNDS AND THE GENERAL

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

20 is amended—

21 (1) by inserting before the period in paragraph

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

23 Social Security Administration in connection with

24 the withholding of taxes from benefits, as described
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1 in section 207(c), pursuant to requests by persons

2 entitled to such benefits’’;

3 (2) by inserting before the period at the end of

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

5 of the Social Security Administration in connection

6 with the withholding of taxes from benefits, as de7 scribed in section 207(c), pursuant to requests by

8 persons entitled to such benefits’’;

9 (3) in paragraph (1)(B)(i)(I), by striking ‘‘sub10 paragraph (A)),’’ and inserting ‘‘subparagraph (A))

11 and the functions of the Social Security Administra12 tion in connection with the withholding of taxes from

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

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

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

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

17 Social Security Administration in connection with

18 the withholding of taxes from benefits, as described

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

20 entitled to such benefits’’;

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

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

23 the Social Security Administration in connection

24 with the withholding of taxes from benefits as de25 scribed in section 207(c)’’; and
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1 (6) in paragraph (4), by inserting after the first

2 sentence the following: ‘‘The Boards of Trustees of

3 such Trust Funds shall prescribe before January 1,

4 1997, the method of determining the costs which

5 should be borne by the general fund in the Treasury

6 of carrying out the functions of the Social Security

7 Administration in connection with the withholding of

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

9 pursuant to requests by persons entitled to such

10 benefits.’’.

11 SEC. 6. TREATMENT OF PRISONERS.

12 (a) IMPLEMENTATION OF PROHIBITION AGAINST

13 PAYMENT OF TITLE II BENEFITS TO PRISONERS.—

14 (1) IN GENERAL.—Section 202(x)(3) of the So15 cial Security Act (42 U.S.C. 402(x)(3)) is amend16 ed—

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

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

19 subparagraph:

20 ‘‘(B)(i) The Commissioner shall enter into an agree21 ment, with any interested State or local institution com22 prising a jail, prison, penal institution, correctional facil23 ity, or other institution a purpose of which is to confine

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

25 which—
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1 ‘‘(I) the institution shall provide to the Com2 missioner, on a monthly basis and in a manner spec3 ified by the Commissioner, the names, social security

4 account numbers, dates of birth, confinement com5 mencement dates, and, to the extent available to the

6 institution, such other identifying information con7 cerning the individuals confined in the institution as

8 the Commissioner may require for the purpose of

9 carrying out paragraph (1); and

10 ‘‘(II) except as provided in clause (ii), the Com11 missioner shall pay to the institution, with respect to

12 information described in subclause (I) concerning

13 each individual who is confined therein as described

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

15 title is payable for the month preceding the first

16 month of such confinement, and whose benefit under

17 this title ceases to be payable as a result of the ap18 plication of this subsection, $400 (subject to reduc19 tion under clause (iii)) if the institution furnishes

20 the information to the Commissioner within 30 days

21 after the date such individual’s confinement in such

22 institution begins, or $200 (subject to reduction

23 under clause (iii)) if the institution furnishes the in24 formation after 30 days after such date but within

25 90 days after such date.
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1 ‘‘(ii) No amount shall be payable to an institution

2 with respect to information concerning an individual under

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

4 Commissioner’s receipt of the information, the Commis5 sioner has determined that benefits under this title are

6 no longer payable to such individual as a result of the ap7 plication of this subsection.

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

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

10 required to make a payment to the institution with respect

11 to the same individual under an agreement entered into

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

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

14 Old-Age and Survivors Insurance Trust Fund and the

15 Federal Disability Insurance Trust Fund, as appropriate,

16 such sums as may be necessary to enable the Commis17 sioner to make payments to institutions required by clause

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

19 spending for purposes of the Balanced Budget and Emer20 gency Deficit Control Act of 1985 and excluded from

21 budget totals in accordance with section 13301 of the

22 Budget Enforcement Act of 1990.

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

24 a reimbursable basis, information obtained pursuant to

25 agreements entered into under clause (i) to any Federal
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1 or federally-assisted cash, food, or medical assistance pro2 gram for eligibility purposes.’’.

3 (2) EFFECTIVE DATE.—The amendments made

4 by this subsection shall apply as if included in the

5 enactment of section 203(a) of the Personal Respon6 sibility and Work Opportunity Reconciliation Act of

7 1996.

8 (b) ELIMINATION OF TITLE II REQUIREMENT THAT

9 CONFINEMENT STEM FROM CRIME PUNISHABLE BY IM10 PRISONMENT FOR MORE THAN 1 YEAR.—

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

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

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

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

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

16 punishable by imprisonment for more than 1

17 year (regardless of the actual sentence im18 posed)’’ and inserting ‘‘a criminal offense’’; and

19 (C) in clause (ii)(I), by striking ‘‘an of20 fense punishable by imprisonment for more

21 than 1 year’’ and inserting ‘‘a criminal of22 fense’’.

23 (2) EFFECTIVE DATE.—The amendments made

24 by this subsection shall be effective with respect to

25 benefits payable for months after February 1997.
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1 (c) INCLUSION OF TITLE II ISSUES IN STUDY AND

2 REPORT REQUIREMENTS RELATING TO PRISONERS.—

3 (1) Section 203(b)(1) of the Personal Respon4 sibility and Work Opportunity Reconciliation Act of

5 1996 (Public Law 104–193) is amended—

6 (A) in subparagraph (A), by striking ‘‘sec7 tion 1611(e)(1)’’ and inserting ‘‘sections 202(x)

8 and 1611(e)(1)’’; and

9 (B) in subparagraph (B), by striking ‘‘sec10 tion 1611(e)(1)(I)’’ and inserting ‘‘section

11 202(x)(3)(B) or 1611(e)(1)(I)’’.

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

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

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

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

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

17 shall apply as if included in the enactment of section

18 203(b) of the Personal Responsibility and Work Op19 portunity Reconciliation Act of 1996 (Public Law

20 104–193). The amendment made by paragraph (2)

21 shall apply as if included in the enactment of section

22 203(c) of such Act.

23 (d) CONFORMING TITLE XVI AMENDMENTS.—

24 (1) PRECLUSION OF TITLE XVI PAYMENT WHEN

25 INFORMATION FURNISHED BY AN INSTITUTION IS
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1 ALREADY KNOWN BY THE COMMISSIONER.—Section

2 1611(e)(1)(I) of the Social Security Act (as added

3 by section 203(a)(1) of the Personal Responsibility

4 and Work Opportunity Reconciliation Act of 1996

5 (Public Law 104–193)) is amended—

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

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

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

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

10 (C) by inserting after clause (i) the follow11 ing new clause:

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

13 with respect to information concerning an inmate under

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

15 Commissioner’s receipt of the information, the Commis16 sioner has determined that the inmate is no longer an eli17 gible individual or eligible spouse for purposes of this title

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

19 (2) FIFTY PERCENT REDUCTION IN TITLE XVI

20 PAYMENT IN CASE INVOLVING COMPARABLE TITLE II

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

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

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

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

25 and after ‘‘$200’’; and
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1 (B) by inserting after clause (ii) the follow2 ing new clause:

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

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

5 required to make a payment to the institution with respect

6 to the same individual under an agreement entered into

7 under section 202(x)(3)(B).’’.

8 (3) EXPANSION OF CATEGORIES OF INSTITU9 TIONS ELIGIBLE TO ENTER INTO AGREEMENTS WITH

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

11 such Act (as added by section 203(a)(1) of the Per12 sonal Responsibility and Work Opportunity Rec13 onciliation Act of 1996 (Public Law 104–193)) is

14 amended in the matter preceding subclause (I) by

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

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

17 comprising a jail, prison, penal institution, or correc18 tional facility, or with any other interested State or

19 local institution a purpose of which is to confine in20 dividuals as described in section 202(x)(1)(A)(ii),’’.

21 (4) LIMITATION ON CATEGORIES OF INMATES

22 WITH RESPECT TO WHOM PAYMENT MAY BE

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

24 added by section 203(a)(1) of the Personal Respon25 sibility and Work Opportunity Reconciliation Act of
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1 1996 (Public Law 104–193)) is amended by striking

2 ‘‘inmate of the institution’’ and all that follows

3 through ‘‘in such institution and’’ and inserting ‘‘in4 dividual who is eligible for a benefit under this title

5 for the month preceding the first month throughout

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

7 penal institution, or correctional facility, or is con8 fined in the institution as described in section

9 202(x)(1)(A)(ii), and who’’.

10 (5) TECHNICAL CORRECTION.—Section

11 1611(e)(1)(I)(i)(II) of such Act (as amended by the

12 preceding provisions of this subsection) is amended

13 further by striking ‘‘subparagraph’’ and inserting

14 ‘‘paragraph’’.

15 (6) EFFECTIVE DATE.—The amendments made

16 by this subsection shall apply as if included in the

17 enactment of section 203(a) of the Personal Respon18 sibility and Work Opportunity Reconciliation Act of

19 1996 (Public Law 104–193). The references to sec20 tion 202(x)(1)(A)(ii) of the Social Security Act in

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

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

23 to such section 202(x)(1)(A)(ii) as amended by sub24 section (b)(1)(C).
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1 (e) EXEMPTION FROM COMPUTER MATCHING RE2 QUIREMENTS.—

3 (1) IN GENERAL.—Section 552a(a)(8)(B) of

4 title 5, United States Code, is amended—

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

6 (vi);

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

8 (vii); and

9 (C) by inserting after clause (vii) the fol10 lowing new clause:

11 ‘‘(viii) matches performed pursuant to

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

13 Security Act;’’.

14 (2) CONFORMING AMENDMENT.—Section

15 1611(e)(1)(I)(iv) of the Social Security Act (as

16 added by section 203(a)(1) of the Personal Respon17 sibility and Work Opportunity Reconciliation Act of

18 1996 (Public Law 104–193) and redesignated by

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

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

21 ‘‘(II) The Commissioner’’ and inserting ‘‘The Com22 missioner’’.

23 (3) EFFECTIVE DATE.—The amendments made

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

25 enactment of this Act.