824
agreement entered into under section 212(b) of Pub-
lic Law 93–66.
SEC. 4212. ELIGIBILITY REDETERMINATIONS AND CON-
TINUING DISABILITY REVIEWS.
(a) CONTINUING DISABILITY REVIEWS RELATING TO
CERTAIN CHILDREN.—Section 1614(a)(3)(H) (42 U.S.C.
1382c(a)(3)(H)), as redesignated by section 4211(a)(3) of
this Act, is amended—
(1) by inserting ‘‘(i)’’ after ‘‘(H)’’; and
(2) by adding at the end the following new
clause:
‘‘(ii)(I) Not less frequently than once every 3 years,
the Commissioner shall review in accordance with para-
graph (4) the continued eligibility for benefits under this
title of each individual who has not attained 18 years of
age and is eligible for such benefits by reason of an im-
pairment (or combination of impairments) which is likely
to improve (or, at the option of the Commissioner, which
is unlikely to improve).
‘‘(II) A representative payee of a recipient whose case
is reviewed under this clause shall present, at the time
of review, evidence demonstrating that the recipient is,
and has been, receiving treatment, to the extent consid-
ered medically necessary and available, of the condition
which was the basis for providing benefits under this title.
825
‘‘(III) If the representative payee refuses to comply
without good cause with the requirements of subclause
(II), the Commissioner of Social Security shall, if the
Commissioner determines it is in the best interest of the
individual, promptly suspend payment of benefits to the
representative payee, and provide for payment of benefits
to an alternative representative payee of the individual or,
if the interest of the individual under this title would be
served thereby, to the individual.
‘‘(IV) Subclause (II) shall not apply to the represent-
ative payee of any individual with respect to whom the
Commissioner determines such application would be inap-
propriate or unnecessary. In making such determination,
the Commissioner shall take into consideration the nature
of the individual’s impairment (or combination of impair-
ments). Section 1631(c) shall not apply to a finding by
the Commissioner that the requirements of subclause (II)
should not apply to an individual’s representative payee.’’.
(b) DISABILITY ELIGIBILITY REDETERMINATIONS
REQUIRED FOR SSI RECIPIENTS WHO ATTAIN 18 YEARS
OF AGE.—
(1) IN GENERAL.—Section 1614(a)(3)(H) (42
U.S.C. 1382c(a)(3)(H)), as amended by subsection
(a) of this section, is amended by adding at the end
the following new clause:
826
‘‘(iii) If an individual is eligible for benefits under this
title by reason of disability for the month preceding the
month in which the individual attains the age of 18 years,
the Commissioner shall redetermine such eligibility—
‘‘(I) during the 1-year period beginning on the
individual’s 18th birthday; and
‘‘(II) by applying the criteria used in determin-
ing the initial eligibility for applicants who are age
18 or older.
With respect to a redetermination under this clause, para-
graph (4) shall not apply and such redetermination shall
be considered a substitute for a review or redetermination
otherwise required under any other provision of this sub-
paragraph during that 1-year period.’’.
(2) CONFORMING REPEAL.—Section 207 of the
Social Security Independence and Program Improve-
ments Act of 1994 (42 U.S.C. 1382 note; 108 Stat.
1516) is hereby repealed.
(c) CONTINUING DISABILITY REVIEW REQUIRED FOR
LOW BIRTH WEIGHT BABIES.—Section 1614(a)(3)(H)
(42 U.S.C. 1382c(a)(3)(H)), as amended by subsections
(a) and (b) of this section, is amended by adding at the
end the following new clause:
‘‘(iv)(I) Not later than 12 months after the birth of
an individual, the Commissioner shall review in accordance
827
with paragraph (4) the continuing eligibility for benefits
under this title by reason of disability of such individual
whose low birth weight is a contributing factor material
to the Commissioner’s determination that the individual
is disabled.
‘‘(II) A review under subclause (I) shall be considered
a substitute for a review otherwise required under any
other provision of this subparagraph during that 12-
month period.
‘‘(III) A representative payee of a recipient whose
case is reviewed under this clause shall present, at the
time of review, evidence demonstrating that the recipient
is, and has been, receiving treatment, to the extent consid-
ered medically necessary and available, of the condition
which was the basis for providing benefits under this title.
‘‘(IV) If the representative payee refuses to comply
without good cause with the requirements of subclause
(III), the Commissioner of Social Security shall, if the
Commissioner determines it is in the best interest of the
individual, promptly suspend payment of benefits to the
representative payee, and provide for payment of benefits
to an alternative representative payee of the individual or,
if the interest of the individual under this title would be
served thereby, to the individual.
828
‘‘(V) Subclause (III) shall not apply to the represent-
ative payee of any individual with respect to whom the
Commissioner determines such application would be inap-
propriate or unnecessary. In making such determination,
the Commissioner shall take into consideration the nature
of the individual’s impairment (or combination of impair-
ments). Section 1631(c) shall not apply to a finding by
the Commissioner that the requirements of subclause (III)
should not apply to an individual’s representative payee.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to benefits for months beginning
on or after the date of the enactment of this Act, without
regard to whether regulations have been issued to imple-
ment such amendments.
SEC. 4213. ADDITIONAL ACCOUNTABILITY REQUIREMENTS.
(a) DISPOSAL OF RESOURCES FOR LESS THAN FAIR
MARKET VALUE.—
(1) IN GENERAL.—Section 1613(c) (42 U.S.C.
1382b(c)) is amended to read as follows:
‘‘Disposal of Resources for Less Than Fair Market Value
‘‘(c)(1)(A)(i) If an individual who has not attained
18 years of age (or any person acting on such individual’s
behalf) disposes of resources of the individual for less than
fair market value on or after the look-back date specified
in clause (ii)(I), the individual is ineligible for benefits
829
under this title for months during the period beginning
on the date specified in clause (iii) and equal to the num-
ber of months specified in clause (iv).
‘‘(ii)(I) The look-back date specified in this subclause
is a date that is 36 months before the date specified in
subclause (II).
‘‘(II) The date specified in this subclause is the date
on which the individual applies for benefits under this title
or, if later, the date on which the disposal of the individ-
ual’s resources for less than fair market value occurs.
‘‘(iii) The date specified in this clause is the first day
of the first month that follows the month in which the
individual’s resources were disposed of for less than fair
market value and that does not occur in any other period
of ineligibility under this paragraph.
‘‘(iv) The number of months of ineligibility under this
clause for an individual shall be equal to—
‘‘(I) the total, cumulative uncompensated value
of all the individual’s resources so disposed of on or
after the look-back date specified in clause (ii)(I), di-
vided by
‘‘(II) the amount of the maximum monthly ben-
efit payable under section 1611(b) to an eligible in-
dividual for the month in which the date specified in
clause (ii)(II) occurs.
830
‘‘(B) An individual shall not be ineligible for benefits
under this title by reason of subparagraph (A) if the Com-
missioner determines that—
‘‘(i) the individual intended to dispose of the re-
sources at fair market value;
‘‘(ii) the resources were transferred exclusively
for a purpose other than to qualify for benefits
under this title;
‘‘(iii) all resources transferred for less than fair
market value have been returned to the individual;
or
‘‘(iv) the denial of eligibility would work an
undue hardship on the individual (as determined on
the basis of criteria established by the Commissioner
in regulations).
‘‘(C) For purposes of this paragraph, in the case of
a resource held by an individual in common with another
person or persons in a joint tenancy, tenancy in common,
or similar arrangement, the resource (or the affected por-
tion of such resource) shall be considered to be disposed
of by such individual when any action is taken, either by
such individual or by any other person, that reduces or
eliminates such individual’s ownership or control of such
resource.
831
‘‘(D)(i) Notwithstanding subparagraph (A), this sub-
section shall not apply to a transfer of a resource to a
trust if the portion of the trust attributable to such re-
source is considered a resource available to the individual
pursuant to subsection (e)(3) (or would be so considered,
but for the application of subsection (e)(4)).
‘‘(ii) In the case of a trust established by an individ-
ual (within the meaning of subsection (e)(2)(A)), if from
such portion of the trust (if any) that is considered a re-
source available to the individual pursuant to subsection
(e)(3) (or would be so considered but for the application
of subsection (e)(2)) or the residue of such portion upon
the termination of the trust—
‘‘(I) there is made a payment other than to or
for the benefit of the individual, or
‘‘(II) no payment could under any circumstance
be made to the individual,
then the payment described in subclause (I) or the fore-
closure of payment described in subclause (II) shall be
considered a disposal of resources by the individual subject
to this subsection, as of the date of such payment or fore-
closure, respectively.
‘‘(2)(A) At the time an individual (and the individ-
ual’s eligible spouse, if any) applies for benefits under this
title, and at the time the eligibility of an individual (and
832
such spouse, if any) for such benefits is redetermined, the
Commissioner of Social Security shall—
‘‘(i) inform such individual of the provisions of
paragraph (1) providing for a period of ineligibility
for benefits under this title for individuals who make
certain dispositions of resources for less than fair
market value, and inform such individual that infor-
mation obtained pursuant to clause (ii) will be made
available to the State agency administering a State
plan approved under title XV or XIX (as provided
in subparagraph (B)); and
‘‘(ii) obtain from such individual information
which may be used in determining whether or not a
period of ineligibility for such benefits would be re-
quired by reason of paragraph (1).
‘‘(B) The Commissioner of Social Security shall make
the information obtained under subparagraph (A)(ii)
available, on request, to any State agency administering
a State plan approved under title XV or XIX.
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘trust’ includes any legal instru-
ment or device that is similar to a trust; and
‘‘(B) the term ‘benefits under this title’ includes
supplementary payments pursuant to an agreement
for Federal administration under section 1616(a),
833
and payments pursuant to an agreement entered
into under section 212(b) of Public Law 93–66.’’.
(2) EFFECTIVE DATE.—The amendment made
by this subsection shall be effective with respect to
transfers that occur at least 90 days after the date
of the enactment of this Act.
(b) TREATMENT OF ASSETS HELD IN TRUST.—
(1) TREATMENT AS RESOURCE.—Section 1613
(42 U.S.C. 1382) is amended by adding at the end
the following new subsection:
‘‘Trusts
‘‘(e)(1) In determining the resources of an individual
who has not attained 18 years of age, the provisions of
paragraph (3) shall apply to a trust established by such
individual.
‘‘(2)(A) For purposes of this subsection, an individual
shall be considered to have established a trust if any assets
of the individual were transferred to the trust.
‘‘(B) In the case of an irrevocable trust to which the
assets of an individual and the assets of any other person
or persons were transferred, the provisions of this sub-
section shall apply to the portion of the trust attributable
to the assets of the individual.
‘‘(C) This subsection shall apply without regard to—
834
‘‘(i) the purposes for which the trust is estab-
lished;
‘‘(ii) whether the trustees have or exercise any
discretion under the trust;
‘‘(iii) any restrictions on when or whether dis-
tributions may be made from the trust; or
‘‘(iv) any restrictions on the use of distributions
from the trust.
‘‘(3)(A) In the case of a revocable trust, the corpus
of the trust shall be considered a resource available to the
individual.
‘‘(B) In the case of an irrevocable trust, if there are
any circumstances under which payment from the trust
could be made to or for the benefit of the individual, the
portion of the corpus from which payment to or for the
benefit of the individual could be made shall be considered
a resource available to the individual.
‘‘(4) The Commissioner may waive the application of
this subsection with respect to any individual if the Com-
missioner determines, on the basis of criteria prescribed
in regulations, that such application would work an undue
hardship on such individual.
‘‘(5) For purposes of this subsection—
‘‘(A) the term ‘trust’ includes any legal instru-
ment or device that is similar to a trust;
835
‘‘(B) the term ‘corpus’ means all property and
other interests held by the trust, including accumu-
lated earnings and any other addition to such trust
after its establishment (except that such term does
not include any such earnings or addition in the
month in which such earnings or addition is credited
or otherwise transferred to the trust);
‘‘(C) the term ‘asset’ includes any income or re-
source of the individual, including—
‘‘(i) any income otherwise excluded by sec-
tion 1612(b);
‘‘(ii) any resource otherwise excluded by
this section; and
‘‘(iii) any other payment or property that
the individual is entitled to but does not receive
or have access to because of action by—
‘‘(I) such individual;
‘‘(II) a person or entity (including a
court) with legal authority to act in place
of, or on behalf of, such individual; or
‘‘(III) a person or entity (including a
court) acting at the direction of, or upon
the request of, such individual; and
‘‘(D) the term ‘benefits under this title’ in-
cludes supplementary payments pursuant to an
836
agreement for Federal administration under section
1616(a), and payments pursuant to an agreement
entered into under section 212(b) of Public Law 93–
66.’’.
(2) 
TREATMENT
AS
INCOME.—Section
1612(a)(2) (42 U.S.C. 1382a(a)(2)) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (E);
(B) by striking the period at the end of
subparagraph (F) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
subparagraph:
‘‘(G) any earnings of, and additions to, the
corpus of a trust (as defined in section 1613(f))
established by an individual (within the mean-
ing of section 1613(e)(2)(A)) and of which such
individual is a beneficiary (other than a trust to
which section 1613(e)(4) applies), except that
in the case of an irrevocable trust, there shall
exist circumstances under which payment from
such earnings or additions could be made to, or
for the benefit of, such individual.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect on the date which
is 90 days after the date of the enactment of this
837
Act, and shall apply to trusts established on or after
such date.
(c) REQUIREMENT TO ESTABLISH ACCOUNT.—
(1) IN
GENERAL.—Section 1631(a)(2) (42
U.S.C. 1383(a)(2)) is amended—
(A) by redesignating subparagraphs (F)
and (G) as subparagraphs (G) and (H), respec-
tively; and
(B) by inserting after subparagraph (E)
the following new subparagraph:
‘‘(F)(i)(I) Each representative payee of an eligible in-
dividual under the age of 18 who is eligible for the pay-
ment of benefits described in subclause (II) shall establish
on behalf of such individual an account in a financial insti-
tution into which such benefits shall be paid, and shall
thereafter maintain such account for use in accordance
with clause (ii).
‘‘(II) Benefits described in this subclause are past-
due monthly benefits under this title (which, for purposes
of this subclause, include State supplementary payments
made by the Commissioner pursuant to an agreement
under section 1616 or section 212(b) of Public Law 93–
66) in an amount (after any withholding by the Commis-
sioner for reimbursement to a State for interim assistance
under subsection (g)) that exceeds the product of—
838
‘‘(aa) 6, and
‘‘(bb) the maximum monthly benefit payable
under this title to an eligible individual.
‘‘(ii)(I) A representative payee shall use funds in the
account established under clause (i) to pay for allowable
expenses described in subclause (II).
‘‘(II) An allowable expense described in this subclause
is an expense for—
‘‘(aa) education or job skills training;
‘‘(bb) personal needs assistance;
‘‘(cc) special equipment;
‘‘(dd) housing modification;
‘‘(ee) medical treatment;
‘‘(ff) therapy or rehabilitation; or
‘‘(gg) any other item or service that the Com-
missioner determines to be appropriate;
provided that such expense benefits such individual and,
in the case of an expense described in item (bb), (cc), (dd),
(ff), or (gg), is related to the impairment (or combination
of impairments) of such individual.
‘‘(III) The use of funds from an account established
under clause (i) in any manner not authorized by this
clause—
‘‘(aa) by a representative payee shall be consid-
ered a misapplication of benefits for all purposes of
839
this paragraph, and any representative payee who
knowingly misapplies benefits from such an account
shall be liable to the Commissioner in an amount
equal to the total amount of such benefits; and
‘‘(bb) by an eligible individual who is his or her
own payee shall be considered a misapplication of
benefits for all purposes of this paragraph and the
total amount of such benefits so used shall be con-
sidered to be the uncompensated value of a disposed
resource and shall be subject to the provisions of
section 1613(c).
‘‘(IV) This clause shall continue to apply to funds in
the account after the child has reached age 18, regardless
of whether benefits are paid directly to the beneficiary or
through a representative payee.
‘‘(iii) The representative payee may deposit into the
account established pursuant to clause (i)—
‘‘(I) past-due benefits payable to the eligible in-
dividual in an amount less than that specified in
clause (i)(II), and
‘‘(II) any other funds representing an under-
payment under this title to such individual, provided
that the amount of such underpayment is equal to
or exceeds the maximum monthly benefit payable
under this title to an eligible individual.
840
‘‘(iv) The Commissioner of Social Security shall es-
tablish a system for accountability monitoring whereby
such representative payee shall report, at such time and
in such manner as the Commissioner shall require, on ac-
tivity respecting funds in the account established pursuant
to clause (i).’’.
(2) EXCLUSION
FROM
RESOURCES.—Section
1613(a) (42 U.S.C. 1382b(a)) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (10);
(B) by striking the period at the end of
paragraph (11) and inserting ‘‘; and’’; and
(C) by inserting after paragraph (11) the
following new paragraph:
‘‘(12) any account, including accrued interest or
other earnings thereon, established and maintained
in accordance with section 1631(a)(2)(F).’’.
(3) 
EXCLUSION
FROM
INCOME.—Section
1612(b) (42 U.S.C. 1382a(b)) is amended—
(A) by striking ‘‘and’’ at the end of para-
graph (19);
(B) by striking the period at the end of
paragraph (20) and inserting ‘‘; and’’; and
(C) by adding at the end the following new
paragraph:
841
‘‘(21) the interest or other earnings on any ac-
count established and maintained in accordance with
section 1631(a)(2)(F).’’.
(4) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to payments made
after the date of the enactment of this Act.
SEC. 4214. REDUCTION IN CASH BENEFITS PAYABLE TO IN-
STITUTIONALIZED INDIVIDUALS WHOSE MED-
ICAL COSTS ARE COVERED BY PRIVATE IN-
SURANCE.
(a) IN GENERAL.—Section 1611(e)(1)(B) (42 U.S.C.
1382(e)(1)(B)) is amended—
(1) by striking ‘‘title XIX, or’’ and inserting
‘‘title XV or XIX,’’; and
(2) by inserting ‘‘or, in the case of an eligible
individual under the age of 18, receiving payments
(with respect to such individual) under any health
insurance policy issued by a private provider of such
insurance’’ after ‘‘section 1614(f)(2)(B),’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to benefits for months beginning
90 or more days after the date of the enactment of this
Act, without regard to whether regulations have been is-
sued to implement such amendments.
842
SEC. 4215. REGULATIONS.
Within 3 months after the date of the enactment of
this Act, the Commissioner of Social Security shall pre-
scribe such regulations as may be necessary to implement
the amendments made by this chapter.
CHAPTER 3—ADDITIONAL ENFORCEMENT
PROVISIONS
SEC. 4221. INSTALLMENT PAYMENT OF LARGE PAST-DUE
SUPPLEMENTAL SECURITY INCOME BENE-
FITS.
(a) IN GENERAL.—Section 1631(a) (42 U.S.C. 1383)
is amended by adding at the end the following new para-
graph:
‘‘(10)(A) If an individual is eligible for past-due
monthly benefits under this title in an amount that (after
any withholding for reimbursement to a State for interim
assistance under subsection (g)) equals or exceeds the
product of—
‘‘(i) 12, and
‘‘(ii) the maximum monthly benefit payable
under this title to an eligible individual (or, if appro-
priate, to an eligible individual and eligible spouse),
then the payment of such past-due benefits (after any such
reimbursement to a State) shall be made in installments
as provided in subparagraph (B).
843
‘‘(B)(i) The payment of past-due benefits subject to
this subparagraph shall be made in not to exceed 3 install-
ments that are made at 6-month intervals.
‘‘(ii) Except as provided in clause (iii), the amount
of each of the first and second installments may not exceed
an amount equal to the product of clauses (i) and (ii) of
subparagraph (A).
‘‘(iii) In the case of an individual who has—
‘‘(I) outstanding debt attributable to—
‘‘(aa) food,
‘‘(bb) clothing,
‘‘(cc) shelter, or
‘‘(dd) medically necessary services, supplies
or equipment, or medicine; or
‘‘(II) current expenses or expenses anticipated
in the near term attributable to—
‘‘(aa) medically necessary services, supplies
or equipment, or medicine, or
‘‘(bb) the purchase of a home, and
such debt or expenses are not subject to reimbursement
by a public assistance program, the Secretary under title
XVIII, a State plan approved under title XV or XIX, or
any private entity legally liable to provide payment pursu-
ant to an insurance policy, pre-paid plan, or other ar-
rangement, the limitation specified in clause (ii) may be
844
exceeded by an amount equal to the total of such debt
and expenses.
‘‘(C) This paragraph shall not apply to any individual
who, at the time of the Commissioner’s determination that
such individual is eligible for the payment of past-due
monthly benefits under this title—
‘‘(i) is afflicted with a medically determinable
impairment that is expected to result in death within
12 months; or
‘‘(ii) is ineligible for benefits under this title
and the Commissioner determines that such individ-
ual is likely to remain ineligible for the next 12
months.
‘‘(D) For purposes of this paragraph, the term ‘bene-
fits under this title’ includes supplementary payments pur-
suant to an agreement for Federal administration under
section 1616(a), and payments pursuant to an agreement
entered into under section 212(b) of Public Law 93–66.’’.
(b) CONFORMING AMENDMENT.—Section 1631(a)(1)
(42 U.S.C. 1383(a)(1)) is amended by inserting ‘‘(subject
to paragraph (10))’’ immediately before ‘‘in such install-
ments’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section are effective with respect to past-due
845
benefits payable under title XVI of the Social Secu-
rity Act after the third month following the month
in which this Act is enacted.
(2) BENEFITS PAYABLE UNDER TITLE XVI.—
For purposes of this subsection, the term ‘‘benefits
payable under title XVI of the Social Security Act’’
includes supplementary payments pursuant to an
agreement for Federal administration under section
1616(a) of the Social Security Act, and payments
pursuant to an agreement entered into under section
212(b) of Public Law 93–66.
SEC. 4222. RECOVERY OF SUPPLEMENTAL SECURITY IN-
COME OVERPAYMENTS FROM SOCIAL SECU-
RITY BENEFITS.
(a) IN GENERAL.—Part A of title XI is amended by
adding at the end the following new section:
‘‘RECOVERY OF SSI OVERPAYMENTS FROM SOCIAL
SECURITY BENEFITS
‘‘SEC. 1146. (a) IN GENERAL.—Whenever the Com-
missioner of Social Security determines that more than
the correct amount of any payment has been made to any
person under the supplemental security income program
authorized by title XVI, and the Commissioner is unable
to make proper adjustment or recovery of the amount so
incorrectly paid as provided in section 1631(b), the Com-
missioner (notwithstanding section 207) may recover the
846
amount incorrectly paid by decreasing any amount which
is payable under the Federal Old-Age and Survivors Insur-
ance program or the Federal Disability Insurance pro-
gram authorized by title II to that person or that person’s
estate.
‘‘(b) NO EFFECT ON SSI BENEFIT ELIGIBILITY OR
AMOUNT.—Notwithstanding subsections (a) and (b) of
section 1611, in any case in which the Commissioner takes
action in accordance with subsection (a) to recover an
overpayment from any person, neither that person, nor
any individual whose eligibility or benefit amount is deter-
mined by considering any part of that person’s income,
shall, as a result of such action—
‘‘(1) become eligible under the program of sup-
plemental security income benefits under title XVI,
or
‘‘(2) if such person or individual is already so
eligible, become eligible for increased benefits there-
under.
‘‘(c) PROGRAM UNDER TITLE XVI.—For purposes of
this section, the term ‘supplemental security income pro-
gram authorized by title XVI’ includes supplementary pay-
ments pursuant to an agreement for Federal administra-
tion under section 1616(a), and payments pursuant to an
847
agreement entered into under section 212(b) of Public
Law 93–66.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 204 (42 U.S.C. 404) is amended by
adding at the end the following new subsection:
‘‘(g) For payments which are adjusted or withheld
to recover an overpayment of supplemental security in-
come benefits paid under title XVI (including State sup-
plementary payments which were paid under an agreement
pursuant to section 1616(a) or section 212(b) of Public
Law 93–66), see section 1146.’’.
(2) Section 1631(b) is amended by adding at
the end the following new paragraph:
‘‘(5) For the recovery of overpayments of benefits
under this title from benefits payable under title II, see
section 1146.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to overpayments outstanding
on or after such date.
SEC. 4223. REGULATIONS.
Within 3 months after the date of the enactment of
this Act, the Commissioner of Social Security shall pre-
scribe such regulations as may be necessary to implement
the amendments made by this chapter.
848
CHAPTER 4—STATE SUPPLEMENTATION
PROGRAMS
SEC. 4225. REPEAL OF MAINTENANCE OF EFFORT RE-
QUIREMENTS 
APPLICABLE 
TO 
OPTIONAL
STATE PROGRAMS FOR SUPPLEMENTATION
OF SSI BENEFITS.
Section 1618 (42 U.S.C. 1382g) is hereby repealed.
CHAPTER 5—STUDIES REGARDING SUP-
PLEMENTAL SECURITY INCOME PRO-
GRAM
SEC. 4231. ANNUAL REPORT ON THE SUPPLEMENTAL SECU-
RITY INCOME PROGRAM.
Title XVI (42 U.S.C. 1381 et seq.), as amended by
section 4201(c) of this Act, is amended by adding at the
end the following new section:
‘‘ANNUAL REPORT ON PROGRAM
‘‘SEC. 1637. (a) Not later than May 30 of each year,
the Commissioner of Social Security shall prepare and de-
liver a report annually to the President and the Congress
regarding the program under this title, including—
‘‘(1) a comprehensive description of the pro-
gram;
‘‘(2) historical and current data on allowances
and denials, including number of applications and
allowance rates for initial determinations, reconsid-
eration determinations, administrative law judge
849
hearings, appeals council reviews, and Federal court
decisions;
‘‘(3) historical and current data on characteris-
tics of recipients and program costs, by recipient
group (aged, blind, disabled adults, and disabled
children);
‘‘(4) projections of future number of recipients
and program costs, through at least 25 years;
‘‘(5) number of redeterminations and continu-
ing disability reviews, and the outcomes of such re-
determinations and reviews;
‘‘(6) data on the utilization of work incentives;
‘‘(7) detailed information on administrative and
other program operation costs;
‘‘(8) summaries of relevant research undertaken
by the Social Security Administration, or by other
researchers;
‘‘(9) State supplementation program operations;
‘‘(10) a historical summary of statutory
changes to this title; and
‘‘(11) such other information as the Commis-
sioner deems useful.
‘‘(b) Each member of the Social Security Advisory
Board shall be permitted to provide an individual report,
or a joint report if agreed, of views of the program under
850
this title, to be included in the annual report required
under this section.’’.
SEC. 4232. STUDY OF DISABILITY DETERMINATION PROC-
ESS.
(a) IN GENERAL.—Not later than 90 days after the
date of the enactment of this Act, and from funds other-
wise appropriated, the Commissioner of Social Security
shall make arrangements with the National Academy of
Sciences, or other independent entity, to conduct a study
of the disability determination process under titles II and
XVI of the Social Security Act. This study shall be under-
taken in consultation with professionals representing ap-
propriate disciplines.
(b) STUDY COMPONENTS.—The study described in
subsection (a) shall include—
(1) an initial phase examining the appropriate-
ness of, and making recommendations regarding—
(A) the definitions of disability in effect on
the date of the enactment of this Act and the
advantages and disadvantages of alternative
definitions; and
(B) the operation of the disability deter-
mination process, including the appropriate
method of performing comprehensive assess-
851
ments of individuals under age 18 with physical
and mental impairments;
(2) a second phase, which may be concurrent
with the initial phase, examining the validity, reli-
ability, and consistency with current scientific knowl-
edge of the standards and individual listings in the
Listing of Impairments set forth in appendix 1 of
subpart P of part 404 of title 20, Code of Federal
Regulations, and of related evaluation procedures as
promulgated by the Commissioner of Social Security;
and
(3) such other issues as the applicable entity
considers appropriate.
(c) REPORTS AND REGULATIONS.—
(1) REPORTS.—The Commissioner of Social Se-
curity shall request the applicable entity, to submit
an interim report and a final report of the findings
and recommendations resulting from the study de-
scribed in this section to the President and the Con-
gress not later than 18 months and 24 months, re-
spectively, from the date of the contract for such
study, and such additional reports as the Commis-
sioner deems appropriate after consultation with the
applicable entity.
852
(2) REGULATIONS.—The Commissioner of So-
cial Security shall review both the interim and final
reports, and shall issue regulations implementing
any necessary changes following each report.
SEC. 4233. STUDY BY GENERAL ACCOUNTING OFFICE.
Not later than January 1, 1999, the Comptroller
General of the United States shall study and report on—
(1) the impact of the amendments made by,
and the provisions of, this subtitle on the supple-
mental security income program under title XVI of
the Social Security Act; and
(2) extra expenses incurred by families of chil-
dren receiving benefits under such title that are not
covered by other Federal, State, or local programs.
CHAPTER 6—NATIONAL COMMISSION ON
THE FUTURE OF DISABILITY
SEC. 4241. ESTABLISHMENT.
There is established a commission to be known as the
National Commission on the Future of Disability (referred
to in this chapter as the ‘‘Commission’’).
SEC. 4242. DUTIES OF THE COMMISSION.
(a) IN GENERAL.—The Commission shall develop
and carry out a comprehensive study of all matters related
to the nature, purpose, and adequacy of all Federal pro-
grams serving individuals with disabilities. In particular,
853
the Commission shall study the disability insurance pro-
gram under title II of the Social Security Act and the sup-
plemental security income disability program under title
XVI of such Act.
(b) MATTERS STUDIED.—The Commission shall pre-
pare an inventory of Federal programs serving individuals
with disabilities, and shall examine—
(1) trends and projections regarding the size
and characteristics of the population of individuals
with disabilities, and the implications of such analy-
ses for program planning;
(2) the feasibility and design of performance
standards for the Nation’s disability programs;
(3) the adequacy of Federal efforts in rehabili-
tation research and training, and opportunities to
improve the lives of individuals with disabilities
through all manners of scientific and engineering re-
search; and
(4) the adequacy of policy research available to
the Federal Government, and what actions might be
undertaken to improve the quality and scope of such
research.
(c) RECOMMENDATIONS.—The Commission shall
submit to the appropriate committees of the Congress and