111
SEC. 303. STUDIES AND REPORTS.
(a) STUDY BY GENERAL ACCOUNTING OFFICE OF
EXISTING DISABILITY-RELATED EMPLOYMENT INCEN-
TIVES.—
(1) STUDY.—As soon as practicable after the
date of enactment of this Act, the Comptroller Gen-
eral of the United States shall undertake a study to
assess existing tax credits and other disability-re-
lated employment incentives under the Americans
with Disabilities Act of 1990 and other Federal
laws. In such study, the Comptroller General shall
specifically address the extent to which such credits
and other incentives would encourage employers to
hire and retain individuals with disabilities.
(2) REPORT.—Not later than 3 years after the
date of enactment of this Act, the Comptroller Gen-
eral shall transmit to the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate a written re-
port presenting the results of the Comptroller Gen-
eral’s study conducted pursuant to this subsection,
together with such recommendations for legislative
or administrative changes as the Comptroller Gen-
eral determines are appropriate.
(b) STUDY BY GENERAL ACCOUNTING OFFICE OF
EXISTING COORDINATION OF THE DI AND SSI PROGRAMS
112
AS THEY RELATE TO INDIVIDUALS ENTERING OR LEAV-
ING CONCURRENT ENTITLEMENT.—
(1) STUDY.—As soon as practicable after the
date of enactment of this Act, the Comptroller Gen-
eral of the United States shall undertake a study to
evaluate the coordination under current law of the
disability insurance program under title II of the So-
cial Security Act and the supplemental security in-
come program under title XVI of such Act, as such
programs relate to individuals entering or leaving
concurrent entitlement under such programs. In
such study, the Comptroller General shall specifically
address the effectiveness of work incentives under
such programs with respect to such individuals and
the effectiveness of coverage of such individuals
under titles XVIII and XIX of such Act.
(2) REPORT.—Not later than 3 years after the
date of enactment of this Act, the Comptroller Gen-
eral shall transmit to the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate a written re-
port presenting the results of the Comptroller Gen-
eral’s study conducted pursuant to this subsection,
together with such recommendations for legislative
113
or administrative changes as the Comptroller Gen-
eral determines are appropriate.
(c) STUDY BY GENERAL ACCOUNTING OFFICE OF
THE IMPACT OF THE SUBSTANTIAL GAINFUL ACTIVITY
LIMIT ON RETURN TO WORK.—
(1) STUDY.—As soon as practicable after the
date of enactment of this Act, the Comptroller Gen-
eral of the United States shall undertake a study of
the substantial gainful activity level applicable as of
that date to recipients of benefits under section 223
of the Social Security Act (42 U.S.C. 423) and
under section 202 of such Act (42 U.S.C. 402) on
the basis of a recipient having a disability, and the
effect of such level as a disincentive for those recipi-
ents to return to work. In the study, the Comptroller
General also shall address the merits of increasing
the substantial gainful activity level applicable to
such recipients of benefits and the rationale for not
yearly indexing that level to inflation.
(2) REPORT.—Not later than 2 years after the
date of enactment of this Act, the Comptroller Gen-
eral shall transmit to the Committee on Ways and
Means of the House of Representatives and the
Committee on Finance of the Senate a written re-
port presenting the results of the Comptroller Gen-
114
eral’s study conducted pursuant to this subsection,
together with such recommendations for legislative
or administrative changes as the Comptroller Gen-
eral determines are appropriate.
(d) REPORT ON DISREGARDS UNDER THE DI AND
SSI PROGRAMS.—Not later than 90 days after the date
of enactment of this Act, the Commissioner of Social Secu-
rity shall submit to the Committee on Ways and Means
of the House of Representatives and the Committee on
Finance of the Senate a report that—
(1) identifies all income, assets, and resource
disregards (imposed under statutory or regulatory
authority) that are applicable to individuals receiving
benefits under title II or XVI of the Social Security
Act (42 U.S.C. 401 et seq., 1381 et seq.);
(2) with respect to each such disregard—
(A) specifies the most recent statutory or
regulatory modification of the disregard; and
(B) recommends whether further statutory
or regulatory modification of the disregard
would be appropriate; and
(3) with respect to the disregard described in
section 
1612(b)(7) 
of 
such 
Act 
(42 
U.S.C.
1382a(b)(7)) (relating to grants, scholarships, or fel-
lowships received for use in paying the cost of tui-
115
tion and fees at any educational (including technical
or vocational education) institution)—
(A) identifies the number of individuals re-
ceiving benefits under title XVI of such Act (42
U.S.C. 1381 et seq.) who have attained age 22
and have not had any portion of any grant,
scholarship, or fellowship received for use in
paying the cost of tuition and fees at any edu-
cational (including technical or vocational edu-
cation) institution excluded from their income
in accordance with that section;
(B) recommends whether the age at which
such grants, scholarships, or fellowships are ex-
cluded from income for purposes of determining
eligibility under title XVI of such Act should be
increased to age 25; and
(C) recommends whether such disregard
should be expanded to include any such grant,
scholarship, or fellowship received for use in
paying the cost of room and board at any such
institution.
(e) STUDY BY THE GENERAL ACCOUNTING OFFICE
OF SOCIAL SECURITY ADMINISTRATION’S DISABILITY IN-
SURANCE PROGRAM DEMONSTRATION AUTHORITY.—
116
(1) STUDY.—As soon as practicable after the
date of the enactment of this Act, the Comptroller
General of the United States shall undertake a study
to assess the results of the Social Security Adminis-
tration’s efforts to conduct disability demonstrations
authorized under prior law as well as under section
301 of this Act.
(2) REPORT.—Not later than 5 years after the
date of the enactment of this Act, the Comptroller
General shall transmit to the Committee on Ways
and Means of the House of Representatives and the
Committee on Finance of the Senate a written re-
port presenting the results of the Comptroller Gen-
eral’s study conducted pursuant to this section, to-
gether with a recommendation as to whether the
demonstration authority authorized under section
301 of this Act should be made permanent.
TITLE IV—MISCELLANEOUS AND
TECHNICAL AMENDMENTS
SEC. 401. TECHNICAL AMENDMENTS RELATING TO DRUG
ADDICTS AND ALCOHOLICS.
(a) CLARIFICATION RELATING TO THE EFFECTIVE
DATE OF THE DENIAL OF SOCIAL SECURITY DISABILITY
BENEFITS TO DRUG ADDICTS AND ALCOHOLICS.—Sec-
117
tion 105(a)(5) of the Contract with America Advancement
Act of 1996 (42 U.S.C. 405 note) is amended—
(1) in subparagraph (A), by striking ‘‘by the
Commissioner of Social Security’’ and ‘‘by the Com-
missioner’’; and
(2) by adding at the end the following:
‘‘(D) For purposes of this paragraph, an
individual’s claim, with respect to benefits
under title II based on disability, which has
been denied in whole before the date of the en-
actment of this Act, may not be considered to
be finally adjudicated before such date if, on or
after such date—
‘‘(i) there is pending a request for ei-
ther administrative or judicial review with
respect to such claim; or
‘‘(ii) there is pending, with respect to
such claim, a readjudication by the Com-
missioner of Social Security pursuant to
relief in a class action or implementation
by the Commissioner of a court remand
order.
‘‘(E) Notwithstanding the provisions of
this paragraph, with respect to any individual
for whom the Commissioner of Social Security
118
does not perform the entitlement redetermina-
tion before the date prescribed in subparagraph
(C), the Commissioner shall perform such enti-
tlement redetermination in lieu of a continuing
disability review whenever the Commissioner de-
termines that the individual’s entitlement is
subject to redetermination based on the pre-
ceding provisions of this paragraph, and the
provisions of section 223(f) shall not apply to
such redetermination.’’.
(b) CORRECTION TO EFFECTIVE DATE OF PROVI-
SIONS
CONCERNING
REPRESENTATIVE
PAYEES
AND
TREATMENT REFERRALS OF SOCIAL SECURITY BENE-
FICIARIES WHO ARE DRUG ADDICTS AND ALCOHOLICS.—
Section 105(a)(5)(B) of the Contract with America Ad-
vancement Act of 1996 (42 U.S.C. 405 note) is amended
to read as follows:
‘‘(B) The amendments made by para-
graphs (2) and (3) shall take effect on July 1,
1996, with respect to any individual—
‘‘(i) whose claim for benefits is finally
adjudicated on or after the date of the en-
actment of this Act; or
119
‘‘(ii) whose entitlement to benefits is
based upon an entitlement redetermination
made pursuant to subparagraph (C).’’.
(c) EFFECTIVE DATES.—The amendments made by
this section shall take effect as if included in the enact-
ment of section 105 of the Contract with America Ad-
vancement Act of 1996 (Public Law 104–121; 110 Stat.
852 et seq.).
SEC. 402. TREATMENT OF PRISONERS.
(a) IMPLEMENTATION
OF PROHIBITION AGAINST
PAYMENT OF TITLE II BENEFITS TO PRISONERS.—
(1) IN GENERAL.—Section 202(x)(3) of the So-
cial 
Security 
Act 
(42 
U.S.C. 
402(x)(3)) 
is
amended—
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(B) by adding at the end the following:
‘‘(B)(i) The Commissioner shall enter into an agree-
ment under this subparagraph with any interested State
or local institution comprising a jail, prison, penal institu-
tion, or correctional facility, or comprising any other insti-
tution a purpose of which is to confine individuals as de-
scribed in paragraph (1)(A)(ii). Under such agreement—
‘‘(I) the institution shall provide to the Com-
missioner, on a monthly basis and in a manner spec-
ified by the Commissioner, the names, Social Secu-
120
rity account numbers, dates of birth, confinement
commencement dates, and, to the extent available to
the institution, such other identifying information
concerning the individuals confined in the institution
as the Commissioner may require for the purpose of
carrying out paragraph (1) and other provisions of
this title; and
‘‘(II) the Commissioner shall pay to the institu-
tion, with respect to information described in sub-
clause (I) concerning each individual who is confined
therein as described in paragraph (1)(A), who re-
ceives a benefit under this title for the month pre-
ceding the first month of such confinement, and
whose benefit under this title is determined by the
Commissioner to be not payable by reason of con-
finement based on the information provided by the
institution, $400 (subject to reduction under clause
(ii)) if the institution furnishes the information to
the Commissioner within 30 days after the date such
individual’s confinement in such institution begins,
or $200 (subject to reduction under clause (ii)) if
the institution furnishes the information after 30
days after such date but within 90 days after such
date.
121
‘‘(ii) The dollar amounts specified in clause (i)(II)
shall be reduced by 50 percent if the Commissioner is also
required to make a payment to the institution with respect
to the same individual under an agreement entered into
under section 1611(e)(1)(I).
‘‘(iii) There are authorized to be transferred from the
Federal Old-Age and Survivors Insurance Trust Fund and
the Federal Disability Insurance Trust Fund, as appro-
priate, such sums as may be necessary to enable the Com-
missioner to make payments to institutions required by
clause (i)(II).
‘‘(iv) The Commissioner shall maintain, and shall
provide on a reimbursable basis, information obtained pur-
suant to agreements entered into under this paragraph to
any agency administering a Federal or federally-assisted
cash, food, or medical assistance program for eligibility
and other administrative purposes under such program.’’.
(2) CONFORMING AMENDMENTS TO THE PRI-
VACY ACT.—Section 552a(a)(8)(B) of title 5, United
States Code, is amended—
(A) in clause (vi), by striking ‘‘or’’ at the
end;
(B) in clause (vii), by adding ‘‘or’’ at the
end; and
(C) by adding at the end the following:
122
‘‘(viii) matches performed pursuant to
section 202(x)(3) or 1611(e)(1) of the So-
cial Security Act (42 U.S.C. 402(x)(3),
1382(e)(1));’’.
(3) CONFORMING
AMENDMENTS
TO
TITLE
XVI.—
(A) Section 1611(e)(1)(I)(i)(I) of the So-
cial Security Act (42 U.S.C. 1382(e)(1)(I)(i)(I))
is amended by striking ‘‘; and’’ and inserting
‘‘and the other provisions of this title; and’’.
(B) Section 1611(e)(1)(I)(ii)(II) of such
Act (42 U.S.C. 1382(e)(1)(I)(ii)(II)) is amend-
ed by striking ‘‘is authorized to provide, on a
reimbursable basis,’’ and inserting ‘‘shall main-
tain, and shall provide on a reimbursable
basis,’’.
(C) Section 1611(e)(1)(I)(ii)(II) of such
Act (42 U.S.C. 1382(e)(1)(I)(ii)(II)) is amend-
ed by striking ‘‘eligibility purposes’’ and insert-
ing ‘‘eligibility and other administrative pur-
poses under such program’’.
(4) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to individuals whose
period of confinement in an institution commences
123
on or after the first day of the fourth month begin-
ning after the month in which this Act is enacted.
(b) ELIMINATION OF TITLE II REQUIREMENT THAT
CONFINEMENT STEM FROM CRIME PUNISHABLE BY IM-
PRISONMENT FOR MORE THAN 1 YEAR.—
(1) IN GENERAL.—Section 202(x)(1)(A) of the
Social Security Act (42 U.S.C. 402(x)(1)(A)) is
amended—
(A) in clause (i), by striking ‘‘an offense
punishable by imprisonment for more than 1
year (regardless of the actual sentence im-
posed)’’ and inserting ‘‘a criminal offense’’; and
(B) in clause (ii)(I), by striking ‘‘an of-
fense punishable by imprisonment for more
than 1 year’’ and inserting ‘‘a criminal of-
fense’’.
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to individuals whose
period of confinement in an institution commences
on or after the first day of the fourth month begin-
ning after the month in which this Act is enacted.
(c) CONFORMING TITLE XVI AMENDMENTS.—
(1) 50 PERCENT REDUCTION IN TITLE XVI PAY-
MENT IN CASE INVOLVING COMPARABLE TITLE II
124
PAYMENT.—Section 1611(e)(1)(I) of the Social Se-
curity Act (42 U.S.C. 1382(e)(1)(I)) is amended—
(A) in clause (i)(II), by inserting ‘‘(subject
to reduction under clause (ii))’’ after ‘‘$400’’
and after ‘‘$200’’;
(B) by redesignating clauses (ii) and (iii)
as clauses (iii) and (iv) respectively; and
(C) by inserting after clause (i) the fol-
lowing:
‘‘(ii) The dollar amounts specified in clause (i)(II)
shall be reduced by 50 percent if the Commissioner is also
required to make a payment to the institution with respect
to the same individual under an agreement entered into
under section 202(x)(3)(B).’’.
(2) EXPANSION OF CATEGORIES OF INSTITU-
TIONS ELIGIBLE TO ENTER INTO AGREEMENTS WITH
THE
COMMISSIONER.—Section 1611(e)(1)(I)(i) of
such Act (42 U.S.C. 1382(e)(1)(I)(i)) is amended in
the matter preceding subclause (I) by striking ‘‘in-
stitution’’ and all that follows through ‘‘section
202(x)(1)(A),’’ and inserting ‘‘institution comprising
a jail, prison, penal institution, or correctional facil-
ity, or with any other interested State or local insti-
tution a purpose of which is to confine individuals
as described in section 202(x)(1)(A)(ii),’’.
125
(3) ELIMINATION OF OVERLY BROAD EXEMP-
TION.—Section 1611(e)(1)(I)(iii) of such Act (as re-
designated by paragraph (1)(B)) is amended
further—
(A) by striking ‘‘(I) The provisions’’ and
all that follows through ‘‘(II)’’; and
(B) by striking ‘‘eligibility purposes’’ and
inserting ‘‘eligibility and other administrative
purposes under such program’’.
(4) EFFECTIVE DATE.—The amendments made
by this subsection shall take effect as if included in
the enactment of section 203(a) of the Personal Re-
sponsibility and Work Opportunity Reconciliation
Act of 1996 (Public Law 104–193; 110 Stat. 2186).
The reference to section 202(x)(1)(A)(ii) in section
1611(e)(1)(I)(i) of the Social Security Act as
amended by paragraph (2) shall be deemed a ref-
erence to such section 202(x)(1)(A)(ii) of such Act
as amended by subsection (b)(1)(C).
(d) CONTINUED DENIAL OF BENEFITS TO SEX OF-
FENDERS REMAINING CONFINED TO PUBLIC INSTITU-
TIONS UPON COMPLETION OF PRISON TERM.—
(1) IN GENERAL.—Section 202(x)(1)(A) of the
Social Security Act (42 U.S.C. 402(x)(1)(A)) is
amended—
126
(A) in clause (i), by striking ‘‘or’’ at the
end;
(B) in clause (ii)(IV), by striking the pe-
riod and inserting ‘‘, or’’; and
(C) by adding at the end the following new
clause:
‘‘(iii) immediately upon completion of confine-
ment as described in clause (i) pursuant to convic-
tion of a criminal offense an element of which is sex-
ual activity, is confined by court order in an institu-
tion at public expense pursuant to a finding that the
individual is a sexually dangerous person or a sexual
predator or a similar finding.’’.
(2) 
CONFORMING
AMENDMENT.—Section
202(x)(1)(B)(ii) 
of 
such 
Act 
(42 
U.S.C.
402(x)(1)(B)(ii)) is amended by striking ‘‘clause
(ii)’’ and inserting ‘‘clauses (ii) and (iii)’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply with respect to bene-
fits for months ending after the date of the enact-
ment of this Act.
127
SEC. 403. REVOCATION BY MEMBERS OF THE CLERGY OF
EXEMPTION FROM SOCIAL SECURITY COV-
ERAGE.
(a) 
IN
GENERAL.—Notwithstanding 
section
1402(e)(4) of the Internal Revenue Code of 1986, any ex-
emption which has been received under section 1402(e)(1)
of such Code by a duly ordained, commissioned, or li-
censed minister of a church, a member of a religious order,
or a Christian Science practitioner, and which is effective
for the taxable year in which this Act is enacted, may be
revoked by filing an application therefor (in such form and
manner, and with such official, as may be prescribed by
the Commissioner of Internal Revenue), if such applica-
tion is filed no later than the due date of the Federal in-
come tax return (including any extension thereof) for the
applicant’s second taxable year beginning after December
31, 1999. Any such revocation shall be effective (for pur-
poses of chapter 2 of the Internal Revenue Code of 1986
and title II of the Social Security Act), as specified in the
application, either with respect to the applicant’s first tax-
able year beginning after December 31, 1999, or with re-
spect to the applicant’s second taxable year beginning
after such date, and for all succeeding taxable years; and
the applicant for any such revocation may not thereafter
again file application for an exemption under such section
1402(e)(1). If the application is filed after the due date
128
of the applicant’s Federal income tax return for a taxable
year and is effective with respect to that taxable year, it
shall include or be accompanied by payment in full of an
amount equal to the total of the taxes that would have
been imposed by section 1401 of the Internal Revenue
Code of 1986 with respect to all of the applicant’s income
derived in that taxable year which would have constituted
net earnings from self-employment for purposes of chapter
2 of such Code (notwithstanding paragraphs (4) and (5)
of section 1402(c)) except for the exemption under section
1402(e)(1) of such Code.
(b) EFFECTIVE DATE.—Subsection (a) shall apply
with respect to service performed (to the extent specified
in such subsection) in taxable years beginning after De-
cember 31, 1999, and with respect to monthly insurance
benefits payable under title II on the basis of the wages
and self-employment income of any individual for months
in or after the calendar year in which such individual’s
application for revocation (as described in such sub-
section) is effective (and lump-sum death payments pay-
able under such title on the basis of such wages and self-
employment income in the case of deaths occurring in or
after such calendar year).