I

104TH CONGRESS

2D SESSION H. R. 4039

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

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.

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’’.
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1 SEC. 2. TECHNICAL AMENDMENTS RELATING TO DRUG AD2 DICTS AND ALCOHOLICS.

3 (a) CLARIFICATIONS RELATING TO THE EFFECTIVE

4 DATE OF THE DENIAL OF DISABILITY BENEFITS TO

5 DRUG ADDICTS AND ALCOHOLICS.—

6 (1) AMENDMENTS RELATING TO DISABILITY

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

8 the Contract with America Advancement Act of

9 1996 (Public Law 104–121; 110 Stat. 853) is

10 amended—

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

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

13 the Commissioner’’; and

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

15 subparagraph:

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

17 individual’s claim, with respect to benefits

18 under title II of the Social Security Act based

19 on disability, which has been denied in whole

20 before the date of the enactment of this Act,

21 may not be considered to be finally adjudicated

22 before such date if, on or after such date—

23 ‘‘(i) there is pending a request for ei24 ther administrative or judicial review with

25 respect to such claim, or
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1 ‘‘(ii) there is pending, with respect to

2 such claim, a readjudication by the Com3 missioner of Social Security pursuant to

4 relief in a class action or implementation

5 by the Commissioner of a court remand

6 order.’’.

7 (2) AMENDMENTS RELATING TO SUPPLE8 MENTAL SECURITY INCOME DISABILITY BENEFITS

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

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

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

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

13 the Commissioner’’; and

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

15 subparagraph:

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

17 individual’s claim, with respect to supplemental

18 security income benefits under title XVI of the

19 Social Security Act based on disability, which

20 has been denied in whole before the date of the

21 enactment of this Act, may not be considered to

22 be finally adjudicated before such date if, on or

23 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 (b) CORRECTIONS TO EFFECTIVE DATE OF PROVI11 SIONS CONCERNING REPRESENTATIVE PAYEES AND

12 TREATMENT REFERRALS OF DRUG ADDICTS AND ALCO13 HOLICS.—

14 (1) AMENDMENTS RELATING TO TITLE II DIS15 ABILITY BENEFICIARIES.—Section 105(a)(5)(B) of

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

17 amended to read as follows:

18 ‘‘(B) The amendments made by para19 graphs (2) and (3) shall take effect on July 1,

20 1996, with respect to any individual—

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

22 adjudicated on or after the date of the en23 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 strik6 ing ‘‘Secretary of Health and Human Services’’ and

7 inserting ‘‘Commissioner of Social Security’’, and by

8 adding at the end the following new sentence: ‘‘The

9 Commissioner may expand the scope of any such ex10 periment or demonstration project to include any

11 group of applicants for benefits under such program

12 with impairments which may reasonably be pre13 sumed to be disabling for purposes of such experi14 ment or demonstration project, and may limit any

15 such experiment or demonstration project to any

16 such group of applicants, subject to the terms of

17 such experiment or demonstration project which

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

19 (2) in paragraph (3) of subsection (a), by strik20 ing ‘‘Secretary’’ each place it appears and inserting

21 ‘‘Commissioner’’, and by striking ‘‘June 10, 1996’’

22 and inserting ‘‘June 10, 1997’’;

23 (3) in paragraph (4) of subsection (a), by strik24 ing ‘‘Secretary’’ each place it appears and inserting
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1 ‘‘Commissioner’’, and by inserting ‘‘and on or before

2 October 1, 1996,’’ after ‘‘1995,’’; and

3 (4) in subsection (c), by striking ‘‘Secretary’’

4 and inserting ‘‘Commissioner’’, and by striking ‘‘Oc5 tober 1, 1996’’ and inserting ‘‘October 1, 1997’’.

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

7 subsection (a) shall take effect on the date of the enact8 ment of this Act.

9 SEC. 5. PERFECTING AMENDMENTS RELATED TO WITH10 HOLDING FROM SOCIAL SECURITY BENEFITS.

11 (a) INAPPLICABILITY OF ASSIGNMENT PROHIBI12 TION.—Section 207 of the Social Security Act (42 U.S.C.

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

14 subsection:

15 ‘‘(c) Nothing in this section shall be construed to pro16 hibit withholding taxes from any benefit under this title,

17 if such withholding is done pursuant to a request made

18 in accordance with section 3402(p)(1) of the Internal Rev19 enue Code of 1986 by the person entitled to such benefit.’’.

20 (b) PROPER ALLOCATION OF COSTS OF WITHHOLD21 ING BETWEEN THE TRUST FUNDS AND THE GENERAL

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

23 is amended—

24 (1) by inserting before the period in paragraph

25 (1)(A)(ii) the following: ‘‘and the functions of the
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1 Social Security Administration in connection with

2 the withholding of taxes from benefits, as described

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

4 entitled to such benefits’’;

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

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

7 of the Social Security Administration in connection

8 with the withholding of taxes from benefits, as de9 scribed in section 207(c), pursuant to requests by

10 persons entitled to such benefits’’;

11 (3) in paragraph (1)(B)(i)(I), by striking ‘‘sub12 paragraph (A)),’’ and inserting ‘‘subparagraph (A))

13 and the functions of the Social Security Administra14 tion in connection with the withholding of taxes from

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

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

17 (4) in paragraph (1)(C)((iii), by inserting be18 fore the period the following: ‘‘and the functions of

19 the Social Security Administration in connection

20 with the withholding of taxes from benefits, as de21 scribed in section 207(c), pursuant to requests by

22 persons entitled to such benefits’’;

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

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

25 the Social Security Administration in connection
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1 with the withholding of taxes from benefits as de2 scribed in section 207(c)’’; and

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

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

5 such Trust Funds shall prescribe before January 1,

6 1997, the method of determining the costs which

7 should be borne by the general fund in the Treasury

8 of carrying out the functions of the Social Security

9 Administration in connection with the withholding of

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

11 pursuant to requests by persons entitled to such

12 benefits.’’.

13 SEC. 6. TREATMENT OF PRISONERS.

14 (a) IMPLEMENTATION OF PROHIBITION AGAINST

15 PAYMENT OF TITLE II BENEFITS TO PRISONERS.—

16 (1) IN GENERAL.—Section 202(x)(3) of the So17 cial Security Act (42 U.S.C. 402(x)(3)) is amend18 ed—

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

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

21 subparagraph:

22 ‘‘(B)(i) The Commissioner shall enter into an agree23 ment, with any interested State or local institution com24 prising a jail, prison, penal institution, correctional facil25 ity, or other institution a purpose of which is to confine
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1 individuals as described in paragraph (1)(A), under

2 which—

3 ‘‘(I) the institution shall provide to the Com4 missioner, on a monthly basis and in a manner spec5 ified by the Commissioner, the names, social security

6 account numbers, dates of birth, confinement com7 mencement dates, and, to the extent available to the

8 institution, such other identifying information con9 cerning the individuals confined in the institution as

10 the Commissioner may require for the purpose of

11 carrying out paragraph (1); and

12 ‘‘(II) except as provided in clause (ii), the Com13 missioner shall pay to the institution, with respect to

14 information described in subclause (I) concerning

15 each individual who is confined therein as described

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

17 title is payable for the month preceding the first

18 month of such confinement, and whose benefit under

19 this title ceases to be payable as a result of the ap20 plication of this subsection, $400 (subject to reduc21 tion under clause (iii)) if the institution furnishes

22 the information to the Commissioner within 30 days

23 after the date such individual’s confinement in such

24 institution begins, or $200 (subject to reduction

25 under clause (iii)) if the institution furnishes the in-
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1 formation after 30 days after such date but within

2 90 days after such date.

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

4 with respect to information concerning an individual under

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

6 Commissioner’s receipt of the information, the Commis7 sioner has determined that benefits under this title are

8 no longer payable to such individual as a result of the ap9 plication of this subsection.

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

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

12 required to make a payment to the institution with respect

13 to the same individual under an agreement entered into

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

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

16 Old-Age and Survivors Insurance Trust Fund and the

17 Federal Disability Insurance Trust Fund, as appropriate,

18 such sums as may be necessary to enable the Commis19 sioner to make payments to institutions required by clause

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

21 spending for purposes of the Balanced Budget and Emer22 gency Deficit Control Act of 1985.

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 amendments 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 such Act (as added by section

3 203(a)(1) of the Personal Responsibility and Work

4 Opportunity Reconciliation Act of 1996 (Public Law

5 104–193)) 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) TECHNICAL CORRECTION.—Section

22 1611(e)(1)(I)(i)(II) of such Act (as amended by the

23 preceding provisions of this subsection) is amended

24 further by striking ‘‘subparagraph’’ and inserting

25 ‘‘paragraph’’.
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1 (5) 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 (Public Law 104–193). The reference to sec6 tion 202(x)(1)(A)(ii) of the Social Security Act in

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

8 paragraph (3) shall be deemed a reference to such

9 section 202(x)(1)(A)(ii) as amended by subsection

10 (b)(1)(C).

11 (e) EXEMPTION FROM COMPUTER MATCHING RE12 QUIREMENTS.—

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

14 title 5, United States Code, is amended—

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

16 (vi);

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

18 (vii); and

19 (C) by inserting after clause (vii) the fol20 lowing new clause:

21 ‘‘(viii) matches performed pursuant to

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

23 Security Act;’’.

24 (2) CONFORMING AMENDMENT.—Section

25 1611(e)(1)(I)(iv) of the Social Security Act (as
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1 added by section 203(a)(1) of the Personal Respon2 sibility and Work Opportunity Reconciliation Act of

3 1996 (Public Law 104–193) and redesignated by

4 subsection (b)(1)) is amended further by striking

5 ‘‘(I) The Commissioner’’ and all that follows through

6 ‘‘(II) The Commissioner’’ and inserting ‘‘The Com7 missioner’’.

8 (3) EFFECTIVE DATE.—The amendments made

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

10 enactment of this Act.

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