FICIARIES
SUFFERING
FROM
ALCOHOLISM
OR
DRUG ADDICTION.—
(i) STUDY.—As soon as practicable
after the date of the enactment of this Act,
the Secretary of Health and Human Serv-
ices shall conduct a study of the feasibility,
cost, and equity of requiring representative
payees for all individuals entitled to bene-
fits based on disability under title II or
XVI of the Social Security Act who suffer
from alcoholism or drug addiction, irre-
spective of whether the alcoholism or drug
addiction was material in any case to the
Secretary’s determination of disability.
(ii) REPORT.—Not later than April 1,
1995, the Secretary shall transmit to the
Committee on Ways and Means of the
House of Representatives and the Commit-
tee on Finance of the Senate a report set-
ting forth the findings of the Secretary
based on such Study. Such report shall in-
clude such recommendations for adminis-
trative or legislative changes as the Sec-
retary considers appropriate.
(2) INCREASED
RELIANCE
ON
PROFESSIONAL
REPRESENTATIVE PAYEES.—
(A) PREFERENCE REQUIRED FOR ORGANI-
ZATIONAL REPRESENTATIVE PAYEES.—Section
205(j)(2)(C) 
of 
such 
Act 
(42 
U.S.C.
405(j)(2)(C)) is amended by adding at the end
the following new clause:
‘‘(v) In selecting under this paragraph any person to
serve as the representative payee for an individual entitled
to benefits based on disability, if alcoholism or drug addic-
tion is a contributing factor material to the Secretary’s
determination that the individual is under a disability,
preference shall be given to community-based nonprofit so-
cial service agencies licensed or bonded by the State, or
State or local government agencies whose mission is to
carry out income maintenance, social service, or health
care-related activities.’’.
(B) AVAILABILITY
OF
PUBLIC
AGENCIES
AND
OTHER
QUALIFIED
ORGANIZATIONS
TO
SERVE AS REPRESENTATIVE PAYEES.—Section
205(j)(4) of such Act (42 U.S.C. 405(j)(4)) is
amended—
(i) in subparagraph (A)(ii), by insert-
ing ‘‘($50.00 per month in the case of an
individual who is entitled to benefits based
on disability if alcoholism or drug addic-
tion is a contributing factor material to the
Secretary’s determination that the individ-
ual is under a disability)’’ after ‘‘$25.00
per month’’; and
(ii) in subparagraph (B)—
(I) by inserting ‘‘State or local
government agency whose mission is
to carry out income maintenance, so-
cial service, or health care-related ac-
tivities, or any’’ after ‘‘means any’’;
(II) by striking ‘‘representative
payee and which,’’ and inserting ‘‘rep-
resentative payee, if such agency,’’;
and
(III) by striking ‘‘, and’’ at the
end of clause (ii) and inserting a pe-
riod.
(C) DEFINITION.—Section 205(j) of such
Act (42 U.S.C. 405(j)) is amended by adding at
the end the following new paragraph:
‘‘(7) For purposes of this subsection, the term ‘bene-
fit based on disability’ of an individual means a disability
insurance benefit of such individual under section 223 or
a child’s, widow’s, or widower’s insurance benefit of such
individual under section 202 based on such individual’s
disability.’’.
(3) NONPAYMENT OR TERMINATION OF BENE-
FITS BY REASON OF NONCOMPLIANCE WITH TREAT-
MENT REQUIREMENTS.—
(A) IN
GENERAL.—Section 225 of such
Act (42 U.S.C. 425) is amended—
(i) by striking the heading and insert-
ing the following:
‘‘ADDITIONAL RULES RELATING TO BENEFITS BASED ON
DISABILITY
‘‘Suspension of Benefits’’;
(ii) by inserting before subsection (b)
the following new heading:
‘‘Continued Payments During Rehabilitation Program’’;
and
(iii) by adding at the end the follow-
ing new subsection:
‘‘Nonpayment or Termination of Benefits for Failure to
Undergo Required Treatment for Alcoholism or
Drug Addiction
‘‘(c)(1) Notwithstanding any other provision of this
title, in the case of any individual entitled to benefits
based on disability, if alcoholism or drug addiction is a
contributing factor material to the Secretary’s determina-
tion that such individual is under a disability and such
individual is determined by the Secretary not to be in com-
pliance with the requirements of this subsection for a
month, such benefits shall be suspended for a period com-
mencing with such month and ending with the month pre-
ceding the first month, after the determination of non-
compliance, in which such individual demonstrates that he
or she has reestablished and maintained compliance with
such requirements for the applicable period specified in
paragraph (3).
‘‘(2)(A) An individual described in paragraph (1) is
in compliance with the requirements of this subsection for
a month if such individual in such month undergoes any
medical or psychological treatment that may be appro-
priate, for such individual’s condition diagnosed as sub-
stance abuse or alcohol abuse and for the stage of such
individual’s rehabilitation, at an institution or facility ap-
proved for purposes of this subsection by the Secretary,
and complies in such month with the terms, conditions,
and requirements of such treatment and with require-
ments imposed by the Secretary under paragraph (6).
‘‘(B) An individual described in paragraph (1) shall
not be determined to be not in compliance with the re-
quirements of this subsection for a month if access by such
individual to such treatment is not reasonably available
for that month, as determined under regulations of the
Secretary.
‘‘(3) The applicable period specified in this paragraph
is:
‘‘(A) 2 consecutive months, in the case of a
first determination that an individual is not in com-
pliance with the requirements of this subsection,
‘‘(B) 3 consecutive months, in the case of the
second such determination with respect to the indi-
vidual, and
‘‘(C) 6 consecutive months, in the case of the
third or subsequent such determination with respect
to the individual.
‘‘(4) In any case in which an individual’s benefit is
suspended for a period of 12 consecutive months for fail-
ure to comply with treatment described in paragraph (2)
of this subsection, the month following such period shall
be deemed, for purposes of section 223(a)(1) or subsection
(d)(1)(G)(i), (e)(1), or (f)(1) of section 202 (as applica-
ble), as the termination month with respect to such entitle-
ment.
‘‘(5)(A) Subject to subparagraph (B), monthly insur-
ance benefits under this title which would be payable to
any individual (other than the disabled individual to whom
benefits are not payable by reason of this subsection) on
the basis of the wages and self-employment income of such
disabled individual but for the provisions of paragraph (1)
or (4), shall be payable as though such disabled individual
were receiving such benefits which are not payable under
this subsection (and, in the case of a disabled individual
whose entitlement is terminated under paragraph (4), as
though such disabled individual’s entitlement were not ter-
minated).
‘‘(B) If the monthly insurance benefits of a disabled
individual referred to in subparagraph (A) are not payable
by reason of termination of entitlement under paragraph
(4), monthly insurance benefits which are payable to any
other individual on the basis of the wages and self-employ-
ment income of such disabled individual pursuant to sub-
paragraph (A) shall not be payable for any month after
2 years after the last month of such entitlement.
‘‘(6)(A) The Secretary shall provide for the monitor-
ing and testing of all individuals who are receiving benefits
under this title and who as a condition of payment of such
benefits are required to be undergoing treatment and com-
plying with the terms, conditions, and requirements there-
of as described in paragraph (2)(A), in order to assure
such compliance and to determine the extent to which the
imposition of such requirements is contributing to the
achievement of the purposes of this title. The Secretary
shall annually submit to the Congress a full and complete
report on the Secretary’s activities under this paragraph.
‘‘(B) The Secretary, in consultation with drug and
alcohol treatment professionals, shall issue regulations—
‘‘(i) defining appropriate treatment for alcohol-
ics and drug addicts who are subject to required
medical or psychological treatment under this sub-
section, and
‘‘(ii) establishing guidelines to be used to review
and evaluate their compliance, including measures of
the progress of participants in such programs.
‘‘(C)(i) For purposes of carrying out the require-
ments of subparagraphs (A) and (B), the Secretary shall
establish in each State a referral and monitoring agency
for such State.
‘‘(ii) Each referral and monitoring agency for a State
shall—
‘‘(I) identify appropriate placements, for indi-
viduals residing in such State who are entitled to
benefits based on disability and with respect to
whom alcoholism or drug addiction is a contributing
factor material to the Secretary’s determination that
they are under a disability, where they may obtain
treatment described in paragraph (2)(A),
‘‘(II) refer such individuals to such placements
for such treatment, and
‘‘(III) monitor compliance with the require-
ments of paragraph (2)(A) by individuals who are
referred by the agency to such placements and
promptly report failures to comply to the Secretary.
‘‘(7) In the case of any individual who is entitled to
a benefit based on disability for any month, if alcoholism
or drug addiction is a contributing factor material to the
Secretary’s determination that the individual is under a
disability, payment of any past-due monthly insurance
benefits under this title to which such individual is entitled
shall be made in any month only to the extent that the
sum of—
‘‘(A) the amount of such past-due benefit paid
in such month, and
‘‘(B) the amount of any benefit for the preced-
ing month under such current entitlement which is
payable in such month,
does not exceed 200 percent of the amount of such benefit
for the preceding month.
‘‘(8) For purposes of this subsection, the term ‘bene-
fit based on disability’ of an individual means a disability
insurance benefit of such individual under section 223 or
a child’s, widow’s, or widower’s insurance benefit of such
individual under section 202 based on the disability of
such individual.’’.
(B) PRESERVATION OF MEDICARE BENE-
FITS.—Section 226 of such Act (42 U.S.C.
426) is amended by adding at the end the fol-
lowing:
‘‘(i) For purposes of this section, each person whose
benefit for any month is not payable by reason of para-
graph (1) of section 225(c) (and is not terminated by rea-
son of paragraph (4) of section 225(c)) shall be treated
as entitled to such benefit for such month if such person
would be entitled to such benefit for such month in the
absence of such section.’’.
(C) EFFECTIVE DATE.—The amendments
made by this paragraph (other than section
225(c)(6)(C) of the Social Security Act added
by this paragraph) shall apply with respect to
benefits based on disability (as defined in sec-
tion 225(c)(8) of the Social Security Act, added
by this section) of individuals becoming eligible
for such benefits after 180 days after the date
of the enactment of this Act. For purposes of
determining eligibility for benefits under this
subparagraph, the rules applicable in determin-
ing eligibility under section 215(a)(3)(B)(ii) of
the Social Security Act shall apply. Section
225(c)(6)(C) of the Social Security Act shall
take effect 180 days after the date of the enact-
ment of this Act.
(4) IRRELEVANCE OF LEGALITY OF SERVICES
PERFORMED IN DETERMINING SUBSTANTIAL GAIN-
FUL ACTIVITY.—
(A) IN
GENERAL.—Section 223(d)(4) of
such Act (42 U.S.C. 423(d)(4)) is amended—
(i) by inserting ‘‘(A)’’ after ‘‘(4)’’; and
(ii) by adding at the end the following
new subparagraph:
‘‘(B) In determining under subparagraph (A) when
services performed or earnings derived from services dem-
onstrate an individual’s ability to engage in substantial
gainful activity, the Secretary apply the criteria described
in subparagraph (A) with respect to services performed
by any individual without regard to the legality of such
services.’’.
(B) EFFECTIVE DATE.—The amendments
made by this paragraph shall take effect on the
date of the enactment of this Act.
(b) AMENDMENTS RELATING TO SUPPLEMENTAL SE-
CURITY INCOME BENEFITS UNDER TITLE XVI OF THE
SOCIAL SECURITY ACT.—
(1) REQUIRED PAYMENT OF BENEFITS TO REP-
RESENTATIVE PAYEES.—
(A) IN GENERAL.—Section 1631(a)(2)(A)
of 
the 
Social 
Security 
Act 
(42 
U.S.C.
1383(a)(2)(A)) is amended—
(i) in clause (ii), by adding at the end
the following: ‘‘In the case of an individual
entitled to benefits under this title by rea-
son of disability, if alcoholism or drug ad-
diction is a contributing factor material to
the Secretary’s determination that the in-
dividual is disabled, the payment of such
benefits to a representative payee shall be
deemed to serve the interest of such indi-
vidual under this title.’’; and
(ii) in clause (iii), by striking ‘‘to the
individual or eligible spouse or to an alter-
native representative payee of the individ-
ual or eligible spouse’’ and inserting ‘‘to an
alternative representative payee of the indi-
vidual or eligible spouse or, if the interest
of the individual under this title would be
served thereby, to the individual or eligible
spouse’’.
(B) EFFECTIVE DATE.—The amendments
made by subparagraph (A) shall apply with re-
spect to benefits for months beginning after
180 days after the date of the enactment of this
Act.
(2) INCREASED
RELIANCE
ON
PROFESSIONAL
REPRESENTATIVE PAYEES.—
(A) PREFERENCE REQUIRED FOR ORGANI-
ZATIONAL REPRESENTATIVE PAYEES.—Section
1631(a)(2)(B) 
of 
such 
Act 
(42 
U.S.C.
1383(a)(2)(B)) is amended—
(i) by redesignating clauses (vii)
through (xii) as clauses (viii) through
(xiii), respectively;
(ii) by inserting after clause (vi) the
following:
‘‘(vii) In selecting under this subparagraph any per-
son to serve as the representative payee for an individual
entitled to benefits under this title by reason of disability,
if alcoholism or drug addiction is a contributing factor ma-
terial to the Secretary’s determination that the individual
is disabled, preference shall be given to community-based
nonprofit social service agencies licensed or bonded by the
State, or State or local government agencies whose mis-
sion is to carry out income maintenance, social service,
or health care-related activities.’’;
(iii) in clause (viii) (as so redesig-
nated), by striking ‘‘clause (viii)’’ and in-
serting ‘‘clause (ix)’’;
(iv) in clause (ix) (as so redesignated),
by striking ‘‘(vii)’’ and inserting ‘‘(viii)’’;
(v) in clause (xiii) (as so redesig-
nated)—
(I) by striking ‘‘(xi)’’ and insert-
ing ‘‘(xii)’’; and
(II) by striking ‘‘(x)’’ and insert-
ing ‘‘(xi)’’.
(B) AVAILABILITY
OF
PUBLIC
AGENCIES
AND
OTHER
QUALIFIED
ORGANIZATIONS
TO
SERVE AS REPRESENTATIVE PAYEES.—Section
1631(a)(2)(D) 
of 
such 
Act 
(42 
U.S.C.
1383(a)(2)(D)) is amended—
(i) in clause (i)(II), by inserting
‘‘($50.00 per month in the case of an indi-
vidual who is entitled to benefits under this
title by reason of disability if alcoholism or
drug addiction is a contributing factor ma-
terial to the Secretary’s determination that
the individual is disabled)’’ after ‘‘$25.00
per month’’; and
(ii) in clause (ii)—
(I) by inserting ‘‘State or local
government agency whose mission is
to carry out income maintenance, so-
cial service, or health care-related ac-
tivities, or any’’ after ‘‘means any’’;
(II) by inserting a comma after
‘‘service agency’’;
(III) by adding ‘‘and’’ at the end
of subclause (I); and
(IV) in subclause (II)—
(aa) by adding ‘‘and’’ at the
end of item (aa);
(bb) by striking ‘‘; and’’ at
the end of item (bb) and insert-
ing a period; and
(cc) by striking item (cc).
(3) NONPAYMENT OR TERMINATION OF BENE-
FITS BY REASON OF CONTINUED SUBSTANCE ABUSE
OR ALCOHOL ABUSE.—
(A) IN GENERAL.—Section 1611(e)(3) of
such Act (42 U.S.C. 1382(e)(3)), is amended
by redesignating subparagraph (B) as subpara-
graph (C) and by inserting after subparagraph
(A) the following:
‘‘(B)(i) Notwithstanding any other provision of this
title, in the case of any individual entitled to benefits
under this title solely by reason of disability, if alcoholism
or drug addiction is a contributing factor material to the
Secretary’s determination that such individual is disabled
and such individual is determined by the Secretary not
to be in compliance with the requirements of this subpara-
graph for a month, such benefits shall be suspended for
a period commencing with such month and ending with
the month preceding the first month, after the determina-
tion of noncompliance, in which such individual dem-
onstrates that he or she has reestablished and maintained
compliance with such requirements for the applicable pe-
riod specified in clause (iii).
‘‘(ii)(I) An individual described in clause (i) is in com-
pliance with the requirements of this subparagraph for a
month if the individual in such month undergoes any med-
ical or psychological treatment that may be appropriate,
for the individual’s condition diagnosed as substance
abuse or alcohol abuse and for the stage of the individual’s
rehabilitation, at an institution or facility approved for
purposes of this subparagraph by the Secretary, and com-
plies in such month with the terms, conditions, and re-
quirements of such treatment and with requirements im-
posed by the Secretary under subparagraph (C).
‘‘(II) An individual described in clause (i) shall not
be determined to be not in compliance with the require-
ments of this subparagraph for a month if access by such
individual to such treatment is not reasonably available
for the month, as determined under regulations of the Sec-
retary.
‘‘(iii) The applicable period specified in this clause
is—
‘‘(I) 2 consecutive months, in the case of a 1st
determination that an individual is not in compliance
with the requirements of this subparagraph;
‘‘(II) 3 consecutive months, in the case of the
2nd such determination with respect to the individ-
ual; or
‘‘(III) 6 consecutive months, in the case of the
3rd or subsequent such determination with respect
to the individual.
‘‘(iv) An individual shall not be an eligible individual
for purposes of this title for the 12-month period that be-
gins with the end of any period of 12 consecutive months
for which the benefits of the individual under this title
have been suspended by reason of this subparagraph.
‘‘(v)(I) The Secretary shall not, in a month, pay to
an individual described in clause (i) benefits under this
title the payment of which is past due, in an amount that
exceeds the amount of benefits under this title which are
payable to the individual for the month and the payment
of which is not past due.
‘‘(II) As used in subclause (I) of this clause, the term
‘benefits under this title’ includes supplementary pay-
ments of the type described in section 1616(a) and pay-
ments pursuant to an agreement entered into under sec-
tion 212(a) of Public Law 93–66.’’.
(B) REFERRAL, MONITORING, AND TREAT-
MENT.—Section 1611(e)(3)(C) of such Act (42
U.S.C. 1382(e)(3)(C)), as so designated by the
amendment made by subparagraph (A) of this
paragraph, is amended—
(i) by inserting ‘‘(i)’’ after ‘‘(C)’’; and
(ii) by adding after and below the end
following:
‘‘(ii) The Secretary, in consultation with drug and al-
cohol treatment professionals, shall issue regulations—
‘‘(I) defining appropriate treatment for alcohol-
ics and drug addicts who are subject to required
medical or psychological treatment under this sub-
paragraph; and
‘‘(II) establishing guidelines to be used to re-
view and evaluate their compliance, including meas-
ures of the progress of participants in such pro-
grams.
‘‘(iii)(I) For purposes of carrying out the require-
ments of clauses (i) and (ii), the Secretary shall establish
in each State a referral and monitoring agency for the
State.
‘‘(II) Each referral and monitoring agency for a State
shall—
‘‘(aa) identify appropriate placements, for indi-
viduals residing in the State who are entitled to ben-
efits under this title by reason of disability and with
respect to whom alcoholism or drug addiction is a
contributing factor material to the Secretary’s deter-
mination that they are disabled, where they may ob-
tain treatment described in subparagraph (B)(ii)(I);
‘‘(bb) refer such individuals to such placements
for such treatment; and
‘‘(cc) monitor compliance with the requirements
of subparagraph (B) by individuals who are referred
by the agency to such placements, and promptly re-
port to the Secretary any failure to comply with
such requirements.’’.
(C) PRESERVATION
OF
MEDICAID
BENE-
FITS.—Section 1634 of such Act (42 U.S.C.
13283c) is amended by adding at the end the
following:
‘‘(e) Each person to whom benefits under this title
by reason of disability are not payable for any month sole-
ly by reason of section 1611(j) shall be treated, for pur-
poses of title XIX, as receiving benefits under this title
for such month.’’.
(D) CONFORMING AMENDMENTS.—Section
1611(e)(3) of such Act (42 U.S.C. 1382(e)(3)),
as amended by subparagraphs (A) and (B) of
this paragraph, is amended—
(i) in subparagraph (A), by striking
‘‘(B)’’ and insertng ‘‘(C)’’; and
(ii) in subparagraph (C), by inserting
‘‘or (B)’’ after ‘‘(A)’’.
(4) IRRELEVANCE OF LEGALITY OF SUBSTAN-
TIAL GAINFUL ACTIVITY.—
(A) IN GENERAL.—Section 1614 of such
Act (42 U.S.C. 1382c) is amended by adding at
the end the following:
‘‘(g) The Secretary shall make determinations under
this title with respect to substantial gainful activity, with-
out regard to the legality of the activity.’’.
(B) EFFECTIVE
DATE.—The amendment
made by subparagraph (A) shall take effect on
the date of the enactment of this Act.
(c) EFFECTIVE DATE.—The amendments made by
the preceding provisions of this section shall apply to bene-
fits payable for months beginning 180 or more days after
the date of the enactment of this Act.
(d) DEMONSTRATION PROJECTS.—
(1) IN GENERAL.—The Secretary of Health and
Human Services shall develop and carry out dem-
onstration projects designed to explore innovative re-
ferral, monitoring, and treatment approaches with
respect to—
(A) individuals who are entitled to disabil-
ity insurance benefits or child’s, widow’s, or
widower’s insurance benefits based on disability
under title II of the Social Security Act, and
(B) individuals who are eligible for supple-
mental security income benefits under title XVI
of such Act based solely on disability,
in cases in which alcoholism or drug addiction is a
contributing factor material to the Secretary’s deter-
mination that individuals are under a disability.
(2) SCOPE.—The demonstration projects devel-
oped under paragraph (1) shall be of sufficient scope
and shall be carried out on a wide enough scale to
permit a thorough evaluation of the alternative ap-
proaches under consideration while giving assurance
that the results derived from the projects will obtain
generally in the operation of the programs involved
without committing such programs to the adoption
of any particular system either locally or nationally.
(3) FINAL REPORT.—The Secretary shall sub-
mit to the Committee on Ways and Means of the
House of Representatives and the Committee on Fi-
nance of the Senate no later than December 31,
1997, a final report on the demonstration projects
carried out under this subsection, together with any
related data and materials which the Secretary may
consider appropriate. The authority under this sec-
tion shall terminate upon the transmittal of such
final report.
SEC. 202. CONTINUING DISABILITY REVIEW ACCOUNT.
(a) IN GENERAL.—Section 201 of the Social Security
Act (42 U.S.C. 401) is amended by adding at the end the
following new subsection:
‘‘(n)(1) There is hereby created in the Federal Dis-
ability Insurance Trust Fund a Continuing Disability Re-
view Account (hereinafter in this subsection referred to as
the ‘Account’). The Account shall consist of such amounts
as may be transferred to it under this subsection. The bal-
ance in the Account shall be available solely for expendi-
tures certified under paragraph (3).
‘‘(2)(A) Not later than September 1 of each calendar
year, the Secretary shall—
‘‘(i) estimate the present value of savings to the
Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust
Fund which will accrue for all years as a result of
the cessation of benefit payments during the fiscal
year ending on September 30 of the prior calendar
year based on continuing disability reviews carried
out pursuant to the requirements of section 221(i)
during or prior to such fiscal year,
‘‘(ii) determine the portion of such estimate at-
tributable to each of the Trust Funds described in
clause (i), and
‘‘(iii) certify the amount of such estimate and
such portion to the Managing Trustee of the Trust
Funds.
‘‘(B) Upon receipt of certification by the Secretary
under subparagraph (A), the Managing Trustee shall
transfer to the Account from amounts otherwise in each
of the Trust Funds an amount equal to—
‘‘(i) for calendar years 1995 and 1996, 100
percent of the the portion of the estimated savings
computed under subparagraph (A)(i), attributable to
the Trust Fund (as certified under subparagraph
(A)(iii)), and
‘‘(ii) for subsequent calendar years, the lesser
of—
‘‘(I) 50 percent of the portion of the esti-
mated savings so certified, or
‘‘(II) the difference (not less than $0) de-
rived by subtracting the balance in the Account
as of the end of the prior calendar year referred
to in subparagraph (A)(i) from the portion of
the estimated savings so certified.
‘‘(3)(A) Not later than September 15 of each cal-
endar year, the Secretary shall—
‘‘(i) estimate the total amount of expenditures
which will be necessary to carry out continuing dis-
ability reviews required under section 221(i) during
the fiscal year beginning on October 1 of such cal-
endar year, and
‘‘(ii) certify such estimated amount to the Man-
aging Trustee of the Trust Funds.
‘‘(B) The expenditures referred to in subparagraph
(A)(i) shall include, but not be limited to, the cost of staff-
ing, training, purchase of medical and other evidence, and
processing related to appeals (including appeal hearings)
and to overpayments.
‘‘(C) To the extent of available funds in the Account,
and prior to any action thereon by the General Accounting
Office, the Managing Trustee shall, upon the commence-
ment of each fiscal year, make available to the Secretary
from the Account an amount equal the total of estimated
expenditures for such fiscal year described in subpara-
graph (A)(i) as certified under subparagraph (A)(ii).
‘‘(D) The Secretary shall use funds made available
pursuant to this paragraph solely for the purpose of carry-
ing out continuing disability reviews required under sec-
tion 221(i).’’.
(b) 
CONFORMING
AMENDMENT.—Section
201(g)(1)(A) of such Act (42 U.S.C. 401(g)(1)(A)) is
amended in the last sentence by inserting ‘‘(other than
expenditures from available funds in the Continuing Dis-
ability Review Account in the Federal Disability Insurance
Trust Fund made pursuant to subsection (n))’’ after ‘‘is
responsible’’.
(c) ANNUAL REPORT.—Section 221(i)(3) of such Act
(42 U.S.C. 421(i)(3)) is amended—
(1) by striking ‘‘and the number’’ and inserting
‘‘the number’’;
(2) by striking the period at the end and insert-
ing a comma; and
(3) by adding at the end the following: ‘‘and a
final accounting of amounts transferred to the Con-
tinuing Disability Review Account in the Federal
Disability Insurance Trust Fund during the year,
the amount made available from such Account dur-
ing such year for continuing disability reviews, and
expenditures for continuing disability reviews made
during the year, including a comparison of such
number of reviews with the estimated number of re-
views upon which the estimate of such expenditures
was made under section 201(n)(3).’’.
SEC. 203. ISSUANCE OF PHYSICAL DOCUMENTS IN THE
FORM OF BONDS, NOTES, OR CERTIFICATES
TO THE SOCIAL SECURITY TRUST FUNDS.
(a) REQUIREMENT THAT OBLIGATIONS ISSUED TO
THE OASDI TRUST FUNDS BE EVIDENCED BY PAPER
INSTRUMENTS IN THE FORM OF BONDS, NOTES, OR CER-
TIFICATES OF INDEBTEDNESS SETTING FORTH THEIR
TERMS.—Section 201(d) of the Social Security Act (42
U.S.C. 401(d)) is amended by inserting after the fifth sen-
tence the following new sentence: ‘‘Each obligation issued
for purchase by the Trust Funds under this subsection
shall be evidenced by a paper instrument in the form of
a bond, note, or certificate of indebtedness issued by the
Secretary of the Treasury setting forth the principal
amount, date of maturity, and interest rate of the obliga-
tion, and stating on its face that the obligation shall be
incontestable in the hands of the Trust Fund to which
it is issued, that the obligation is supported by the full
faith and credit of the United States, and that the United
States is pledged to the payment of the obligation with
respect to both principal and interest.’’.
(b) PAYMENT TO THE OASDI TRUST FUNDS FROM
THE GENERAL FUND OF THE TREASURY OF INTEREST
ON OBLIGATIONS, AND OF PROCEEDS FROM THE SALE OR
REDEMPTION OF OBLIGATIONS, REQUIRED TO BE IN THE
FORM
OF CHECKS.—Section 201(f) of such Act (42
U.S.C. 401(f)) is amended by adding at the end the follow-
ing new sentence: ‘‘Payment from the general fund of the
the Treasury to either of the Trust Funds of any such
interest or proceeds shall be in the form of paper checks
drawn on such general fund to the order of such Trust
Fund.’’.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall apply with respect to obligations is-
sued, and payments made, after 60 days after the
date of the enactment of this Act.
(2) TREATMENT
OF
OUTSTANDING
OBLIGA-
TIONS.—Not later than 60 days after the date of the
enactment of this Act, the Secretary of the Treasury
shall issue to the Federal Old-Age and Survivors In-
surance Trust Fund or the Federal Disability Insur-
ance Trust Fund, as applicable, a paper instrument,
in the form of a bond, note, or certificate of indebt-
edness, for each obligation which has been issued to
the Trust Fund under section 201(d) of the Social
Security Act and which is outstanding as of such
date. Each such document shall set forth the prin-
cipal amount, date of maturity, and interest rate of
the obligation, and shall state on its face that the
obligation shall be incontestable in the hands of the
Trust Fund to which it was issued, that the obliga-
tion is supported by the full faith and credit of the
United States, and that the United States is pledged
to the payment of the obligation with respect to both
principal and interest.
SEC. 204. EXPLICIT REQUIREMENTS FOR MAINTENANCE OF
TELEPHONE ACCESS TO LOCAL OFFICES OF
THE SOCIAL SECURITY ADMINISTRATION.
(a) MAINTENANCE
OF SERVICE
TO LOCAL OF-
FICES.—
(1) IN GENERAL.—Section 5110(a) of the Om-
nibus Budget Reconciliation Act of 1990 (104 Stat.
1388–272) is amended by adding at the end the fol-
lowing new sentence: ‘‘In carrying out the require-
ments of the preceding sentence, the Secretary shall
reestablish and maintain in service at least the same
number of telephone lines to each such local office
as was in place as of such date, including telephone
sets for connections to such lines.’’.
(2) 
EFFECTIVE
DATE.—The 
Secretary 
of
Health and Human Services shall ensure that the
requirements of the amendment made by paragraph
(1) are carried out no later than 90 days after the
date of the enactment of this Act.
(3) GAO REPORT.—The Comptroller General of
the United States shall make an independent deter-
mination of the number of telephone lines to each
local office of the Social Security Administration
which are in place as of 90 days after the enactment
of this Act and shall report his findings to the Com-
mittee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the
Senate no later than 150 days after the date of the
enactment of this Act.
(b) MAINTENANCE
OF
TOLL-FREE
TELEPHONE
NUMBER SERVICE.—The Secretary of Health and Human
Services shall ensure that toll-free telephone service pro-
vided by the Social Security Administration is maintained
at a level which is at least equal to that in effect on the
date of the enactment of this Act.
SEC. 205. EXPANSION OF STATE OPTION TO EXCLUDE
SERVICE OF ELECTION OFFICIALS OR ELEC-
TION WORKERS FROM COVERAGE.
(a) LIMITATION
ON MANDATORY COVERAGE
OF
STATE ELECTION OFFICIALS AND ELECTION WORKERS
WITHOUT STATE RETIREMENT SYSTEM.—
(1) AMENDMENT TO SOCIAL SECURITY ACT.—
Section 210(a)(7)(F)(iv) of the Social Security Act
(42 U.S.C. 410(a)(7)(F)(iv)) (as amended by section
11332(a) of the Omnibus Budget Reconciliation Act
of 1990) is amended by striking ‘‘$100’’ and insert-
ing ‘‘$1,000 with respect to service performed dur-
ing 1995, and the adjusted amount determined
under section 218(c)(8)(B) for any subsequent year
with respect to service performed during such subse-
quent year’’.
(2) 
AMENDMENT
TO
FICA.—Section
3121(b)(7)(F)(iv) of the Internal Revenue Code of
1986 (as amended by section 11332(b) of the Omni-
bus Budget Reconciliation Act of 1990) is amended
by striking ‘‘$100’’ and inserting ‘‘$1,000 with re-
spect to service performed during 1995, and the
adjusted 
amount 
determined 
under 
section
218(c)(8)(B) of the Social Security Act for any sub-
sequent year with respect to service performed dur-
ing such subsequent year’’.
(b) CONFORMING AMENDMENTS RELATING TO MED-
ICARE QUALIFIED GOVERNMENT EMPLOYMENT.—
(1) AMENDMENT TO SOCIAL SECURITY ACT.—
Section 210(p)(2)(E) of the Social Security Act (42
U.S.C. 410(p)(2)(E)) is amended by striking
‘‘$100’’ and inserting ‘‘$1,000 with respect to serv-
ice performed during 1995, and the adjusted amount
determined under section 218(c)(8)(B) for any sub-
sequent year with respect to service performed dur-
ing such subsequent year’’.
(2) 
AMENDMENT
TO
FICA.—Section
3121(u)(2)(B)(ii)(V) of the Internal Revenue Code
of 1986 is amended by striking ‘‘$100’’ and insert-
ing ‘‘$1,000 with respect to service performed dur-
ing 1995, and the adjusted amount determined
under section 218(c)(8)(B) of the Social Security
Act for any subsequent year with respect to service
performed during such subsequent year’’.
(c) AUTHORITY FOR STATES TO MODIFY COVERAGE
AGREEMENTS WITH RESPECT TO ELECTION OFFICIALS
AND ELECTION WORKERS.—Section 218(c)(8) of the So-
cial Security Act (42 U.S.C. 418(c)(8)) is amended—
(1) by striking ‘‘on or after January 1, 1968,’’
and inserting ‘‘at any time’’;
(2) by striking ‘‘$100’’ and inserting ‘‘$1,000
with respect to service performed during 1995, and
the adjusted amount determined under subpara-
graph (B) for any subsequent year with respect to
service performed during such subsequent year’’;
and
(3) by striking the last sentence and inserting
the following new sentence: ‘‘Any modification of an
agreement pursuant to this paragraph shall be effec-
tive with respect to services performed in and after
the calendar year in which the modification is mailed
or delivered by other means to the Secretary.’’.
(d) INDEXATION
OF EXEMPT AMOUNT.—Section
218(c)(8) of such Act (as amended by subsection (c)) is
further amended—
(1) by inserting ‘‘(A)’’ after ‘‘(8)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) For each year after 1995, the Secretary shall
adjust the amount referred to in subparagraph (A) at the
same time and in the same manner as is provided under
section 215(a)(1)(B)(ii) with respect to the amounts re-
ferred to in section 215(a)(1)(B)(i), except that—
‘‘(i) for purposes of this subparagraph, 1993
shall be substituted for the calendar year referred to
in section 215(a)(1)(B)(ii)(II), and
‘‘(ii) such amount as so adjusted, if not a mul-
tiple of $100, shall be rounded to the next higher
multiple of $100 where such amount is a multiple of
$50 and to the nearest multiple of $100 in any other
case.
The Secretary shall determine and publish in the Federal
Register each adjusted amount determined under this sub-
paragraph not later than November 1 preceding the year
for which the adjustment is made.’’.
(e) EFFECTIVE DATE.—The amendments made by
subsections (a), (b), and (c) shall apply with respect to
service performed on or after January 1, 1995.
SEC. 206. USE OF SOCIAL SECURITY NUMBERS BY STATES
AND LOCAL GOVERNMENTS AND FEDERAL
DISTRICT COURTS FOR JURY SELECTION
PURPOSES.
(a) IN GENERAL.—Section 205(c)(2) of the Social
Security Act (42 U.S.C. 405(c)(2)) is amended—
(1) in subparagraph (B)(i), by striking ‘‘(E)’’ in
the matter preceding subclause (I) and inserting
‘‘(F)’’;
(2) by redesignating subparagraphs (E) and
(F) as subparagraphs (F) and (G), respectively; and
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E)(i) It is the policy of the United States that—
‘‘(I) any State (or any political subdivision of a
State) may utilize the social security account num-
bers issued by the Secretary for the additional pur-
poses described in clause (ii) if such numbers have
been collected and are otherwise utilized by such
State (or political subdivision) in accordance with
applicable law, and
‘‘(II) any district court of the United States
may use, for such additional purposes, any such so-
cial security account numbers which have been so
collected and are so utilized by any State.
‘‘(ii) The additional purposes described in this clause
are the following:
‘‘(I) identifying duplicate names of individuals
on master lists used for jury selection purposes, and
‘‘(II) identifying on such master lists those indi-
viduals who are ineligible to serve on a jury by rea-
son of their conviction of a felony.
‘‘(iii) To the extent that any provision of Federal law
enacted before the date of the enactment of this subpara-
graph is inconsistent with the policy set forth in clause
(i), such provision shall, on and after that date, be null,
void, and of no effect.
‘‘(iv) For purposes of this subparagraph, the term
‘State’ has the meaning such term has in subparagraph
(D).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 207. AUTHORIZATION FOR ALL STATES TO EXTEND
COVERAGE TO STATE AND LOCAL POLICE-
MEN AND FIREMEN UNDER EXISTING COV-
ERAGE AGREEMENTS.
(a) IN GENERAL.—Section 218(l) of the Social Secu-
rity Act (42 U.S.C. 418(l)) is amended—
(1) in paragraph (1), by striking ‘‘(1)’’ after
‘‘(l)’’, and by striking ‘‘the State of’’ and all that fol-
lows through ‘‘prior to the date of enactment of this
subsection’’ and inserting ‘‘a State entered into pur-
suant to this section’’; and
(2) by striking paragraph (2).
(b) 
CONFORMING
AMENDMENT.—Section
218(d)(8)(D) of such Act (42 U.S.C. 418(d)(8)(D)) is
amended by striking ‘‘agreements with the States named
in’’ and inserting ‘‘State agreements modified as provided
in’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to modifications filed
by States after the date of the enactment of this Act.
SEC. 208. LIMITED EXEMPTION FOR CANADIAN MINISTERS
FROM CERTAIN SELF-EMPLOYMENT TAX LI-
ABILITY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, if—
(1) an individual performed services described
in section 1402(c)(4) of the Internal Revenue Code
of 1986 which are subject to tax under section 1401
of such Code,
(2) such services were performed in Canada at
a time when no agreement between the United
States and Canada pursuant to section 233 of the
Social Security Act was in effect, and
(3) such individual was required to pay con-
tributions on the earnings from such services under
the social insurance system of Canada,
then such individual may file a certificate under this sec-
tion in such form and manner, and with such official, as
may be prescribed in regulations issued under chapter 2
of such Code. Upon the filing of such certificate, notwith-
standing any judgment which has been entered to the con-
trary, such individual shall be exempt from payment of
such tax with respect to services described in paragraphs
(1) and (2) and from any penalties or interest for failure
to pay such tax or to file a self-employment tax return
as required under section 6017 of such Code.
(b) PERIOD FOR FILING.—A certificate referred to
in subsection (a) may be filed only during the 180-day
period commencing with the date on which the regulations
referred to in subsection (a) are issued.
(c) TAXABLE YEARS AFFECTED BY CERTIFICATE.—
A certificate referred to in subsection (a) shall be effective
for taxable years ending after December 31, 1978, and
before January 1, 1985.
(d) RESTRICTION ON CREDITING OF EXEMPT SELF-
EMPLOYMENT INCOME.—In any case in which an individ-
ual is exempt under this section from paying a tax im-
posed under section 1401 of the Internal Revenue Code
of 1986, any income on which such tax would have been
imposed but for such exemption shall not constitute self-
employment income under section 211(b) of the Social Se-
curity Act (42 U.S.C. 411(b)), and, if such individual’s
primary insurance amount has been determined under sec-
tion 215 of such Act (42 U.S.C. 415), notwithstanding
section 215(f)(1) of such Act, the Secretary of Health and
Human Services shall recompute such primary insurance
amount so as to take into account the provisions of this
subsection. The recomputation under this subsection shall
be effective with respect to benefits for months following
approval of the certificate of exemption.
SEC. 209. EXCLUSION OF TOTALIZATION BENEFITS FROM
THE APPLICATION OF THE WINDFALL ELIMI-
NATION PROVISION.
(a) IN GENERAL.—Section 215(a)(7) of the Social
Security Act (42 U.S.C. 415(a)(7)) is amended—
(1) in subparagraph (A), by striking ‘‘but ex-
cluding’’ and all that follows through ‘‘1937’’ and
inserting ‘‘but excluding (I) a payment under the
Railroad Retirement Act of 1974 or 1937, and (II)
a payment by a social security system of a foreign
country based on an agreement concluded between
the United States and such foreign country pursuant
to section 233’’; and
(2) in subparagraph (E), by inserting after ‘‘in
the case of an individual’’ the following: ‘‘whose eli-
gibility for old-age or disability insurance benefits is
based on an agreement concluded pursuant to sec-
tion 233 or an individual’’.
(b) CONFORMING AMENDMENT RELATING TO BENE-
FITS UNDER 1939 ACT.—Section 215(d)(3) of such Act
(42 U.S.C. 415(d)(3)) is amended by striking ‘‘but exclud-
ing’’ and all that follows through ‘‘1937’’ and inserting
‘‘but excluding (I) a payment under the Railroad Retire-
ment Act of 1974 or 1937, and (II) a payment by a social
security system of a foreign country based on an agree-
ment concluded between the United States and such for-
eign country pursuant to section 233’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply (notwithstanding section 215(f)(1)
of the Social Security Act (42 U.S.C. 415(f)(1))) with re-
spect to benefits payable for months after January 1995.
SEC. 210. EXCLUSION OF MILITARY RESERVISTS FROM AP-
PLICATION OF THE GOVERNMENT PENSION
OFFSET AND WINDFALL ELIMINATION PROVI-
SIONS.
(a) EXCLUSION FROM GOVERNMENT PENSION OFF-
SET
PROVISIONS.—Subsections (b)(4), (c)(2), (e)(7),
(f)(2), and (g)(4) of section 202 of the Social Security Act
(42 U.S.C. 402 (b)(4), (c)(2), (e)(7), (f)(2), and (g)(4))
are each amended—
(1) in subparagraph (A)(ii), by striking ‘‘unless
subparagraph (B) applies.’’;
(2) in subparagraph (A), by striking ‘‘The’’ in
the matter following clause (ii) and inserting ‘‘unless
subparagraph (B) applies. The’’; and
(3) in subparagraph (B), by redesignating the
existing matter as clause (ii), and by inserting before
such clause (ii) (as so redesignated) the following:
‘‘(B)(i) Subparagraph (A)(i) shall not apply with re-
spect to monthly periodic benefits based wholly on service
as a member of a uniformed service (as defined in section
210(m)).’’.
(b) EXCLUSION
FROM
WINDFALL
ELIMINATION
PROVISIONS.—Section 215(a)(7)(A) of such Act (as
amended by section 210(a) of this Act) and section
215(d)(3) of such Act (as amended by section 210(b) of
this Act) are each further amended—
(1) by striking ‘‘and’’ before ‘‘(II)’’; and
(2) by striking ‘‘section 233’’ and inserting
‘‘section 233, and (III) a payment based wholly on
service as a member of a uniformed service (as de-
fined in section 210(m))’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply (notwithstanding section 215(f) of
the Social Security Act) with respect to benefits payable
for months after January 1995.
SEC. 211. REPEAL OF THE FACILITY-OF-PAYMENT PROVI-
SION.
(a) REPEAL OF RULE PRECLUDING REDISTRIBUTION
UNDER FAMILY MAXIMUM.—Section 203(i) of the Social
Security Act (42 U.S.C. 403(i)) is repealed.
(b) COORDINATION UNDER FAMILY MAXIMUM OF
REDUCTION
IN BENEFICIARY’S AUXILIARY BENEFITS
WITH SUSPENSION OF AUXILIARY BENEFITS OF OTHER
BENEFICIARY
UNDER
EARNINGS
TEST.—Section
203(a)(4) of such Act (42 U.S.C. 403(a)(4)) is amended
by striking ‘‘section 222(b). Whenever’’ and inserting the
following: ‘‘section 222(b). Notwithstanding the preceding
sentence, any reduction under this subsection in the case
of an individual who is entitled to a benefit under sub-
section (b), (c), (d), (e), (f), (g), or (h) of section 202 for
any month on the basis of the same wages and self-em-
ployment income as another person—
‘‘(A) who also is entitled to a benefit under sub-
section (b), (c), (d), (e), (f), (g), or (h) of section
202 for such month,
‘‘(B) who does not live in the same household
as such individual, and
‘‘(C) whose benefit for such month is suspended
(in whole or in part) pursuant to subsection (h)(3)
of this section,
shall be made before the suspension under subsection
(h)(3). Whenever’’.
(c) CONFORMING AMENDMENT APPLYING EARNINGS
REPORTING REQUIREMENT DESPITE SUSPENSION
OF
BENEFITS.—The third sentence of section 203(h)(1)(A)
of such Act (42 U.S.C. 403(h)(1)(A)) is amended by strik-
ing ‘‘Such report need not be made’’ and all that follows
through ‘‘The Secretary may grant’’ and inserting the fol-
lowing: ‘‘Such report need not be made for any taxable
year—
‘‘(i) beginning with or after the month in which
such individual attained age 70, or
‘‘(ii) if benefit payments for all months (in such
taxable year) in which such individual is under age
70 have been suspended under the provisions of the
first sentence of paragraph (3) of this subsection,
unless—
‘‘(I) such individual is entitled to benefits
under subsection (b), (c), (d), (e), (f), (g), or
(h) of section 202,
‘‘(II) such benefits are reduced under sub-
section (a) of this section for any month in such
taxable year, and
‘‘(III) in any such month there is another
person who also is entitled to benefits under
subsection (b), (c), (d), (e), (f), (g), or (h) of
section 202 on the basis of the same wages and
self-employment income and who does not live
in the same household as such individual.
The Secretary may grant’’.
(d) CONFORMING AMENDMENT DELETING SPECIAL
INCOME TAX TREATMENT OF BENEFITS NO LONGER RE-
QUIRED BY REASON OF REPEAL.—Section 86(d)(1) of the
Internal Revenue Code of 1986 (relating to income tax
on social security benefits) is amended by striking the last
sentence.
(e) EFFECTIVE DATES.—
(1) The amendments made by subsections (a),
(b), and (c) shall apply with respect to benefits pay-
able for months after December 1995.
(2) The amendment made by subsection (d)
shall apply with respect to benefits received after
December 31, 1995, in taxable years ending after
such date.
SEC. 212. MAXIMUM FAMILY BENEFITS IN GUARANTEE
CASES.
(a) IN GENERAL.—Section 203(a) of the Social Secu-
rity Act (42 U.S.C. 403(a)) is amended by adding at the
end the following new paragraph:
‘‘(10)(A) Subject to subparagraphs (B) and (C)—
‘‘(i) the total monthly benefits to which bene-
ficiaries may be entitled under sections 202 and 223
for a month on the basis of the wages and self-em-
ployment income of an individual whose primary in-
surance 
amount 
is 
computed 
under 
section
215(a)(2)(B)(i) shall equal the total monthly bene-
fits which were authorized by this section with re-
spect to such individual’s primary insurance amount
for the last month of his prior entitlement to disabil-
ity insurance benefits, increased for this purpose by
the general benefit increases and other increases
under section 215(i) that would have applied to such
total monthly benefits had the individual remained
entitled to disability insurance benefits until the
month in which he became entitled to old-age insur-
ance benefits or reentitled to disability insurance
benefits or died, and
‘‘(ii) the total monthly benefits to which bene-
ficiaries may be entitled under sections 202 and 223
for a month on the basis of the wages and self-em-
ployment income of an individual whose primary in-
surance 
amount 
is 
computed 
under 
section
215(a)(2)(C) shall equal the total monthly benefits
which were authorized by this section with respect to
such individual’s primary insurance amount for the
last month of his prior entitlement to disability in-
surance benefits.
‘‘(B) In any case in which—
‘‘(i) the total monthly benefits with respect to
such individual’s primary insurance amount for the
last month of his prior entitlement to disability in-
surance benefits was computed under paragraph (6),
and
‘‘(ii) the individual’s primary insurance amount
is computed under subparagraph (B)(i) or (C) of
section 215(a)(2) by reason of the individual’s enti-
tlement to old-age insurance benefits or death,
the total monthly benefits shall equal the total monthly
benefits that would have been authorized with respect to
the primary insurance amount for the last month of his
prior entitlement to disability insurance benefits if such
total monthly benefits had been computed without regard
to paragraph (6).
‘‘(C) This paragraph shall apply before the applica-
tion of paragraph (3)(A), and before the application of
section 203(a)(1) of this Act as in effect in December
1978.’’.
(b) CONFORMING AMENDMENT.—Section 203(a)(8)
of such Act (42 U.S.C. 403(a)(8)) is amended by striking
‘‘Subject to paragraph (7),’’ and inserting ‘‘Subject to
paragraph (7) and except as otherwise provided in para-
graph (10)(C),’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply for the purpose of determining the
total monthly benefits to which beneficiaries may be enti-
tled under sections 202 and 223 of the Social Security
Act based on the wages and self-employment income of
an individual who—
(1) becomes entitled to an old-age insurance
benefit under section 202(a) of such Act,
(2) becomes reentitled to a disability insurance
benefit under section 223 of such Act, or
(3) dies,
after January 1995.
SEC. 213. AUTHORIZATION FOR DISCLOSURE BY THE SEC-
RETARY OF HEALTH AND HUMAN SERVICES
OF INFORMATION FOR PURPOSES OF PUBLIC
OR PRIVATE EPIDEMIOLOGICAL AND SIMI-
LAR RESEARCH.
(a) IN GENERAL.—Section 1106 of the Social Secu-
rity Act (42 U.S.C. 1306) is amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively;
(2) in subsection (f) (as so redesignated), by
striking ‘‘subsection (d)’’ and inserting ‘‘subsection
(e)’’; and
(3) by inserting after subsection (c) the follow-
ing new subsection:
‘‘(d) Notwithstanding any other provision of this sec-
tion, in any case in which—
‘‘(1) information regarding whether an individ-
ual is shown on the records of the Secretary as
being alive or deceased is requested from the Sec-
retary for purposes of epidemiological or similar re-
search which the Secretary finds may reasonably be
expected to contribute to a national health interest,
and
‘‘(2) the requester agrees to reimburse the Sec-
retary for providing such information and to comply
with limitations on safeguarding and rerelease or
redisclosure of such information as may be specified
by the Secretary,
the Secretary shall comply with such request, except to
the extent that compliance with such request would con-
stitute a violation of the terms of any contract entered
into under section 205(r).’’.
(b) AVAILABILITY OF INFORMATION RETURNS RE-
GARDING WAGES PAID EMPLOYEES.—Section 6103(l)(5)
of the Internal Revenue Code of 1986 (relating to disclo-
sure of returns and return information to the Department
of Health and Human Services for purposes other than
tax administration) is amended—
(1) by striking ‘‘for the purpose of’’ and insert-
ing ‘‘for the purpose of—’’;
(2) by striking ‘‘carrying out, in accordance
with an agreement’’ and inserting the following:
‘‘(A) carrying out, in accordance with an
agreement’’;
(3) by striking ‘‘program.’’ and inserting ‘‘pro-
gram; or’’; and
(4) by adding at the end the following new sub-
paragraph:
‘‘(B) providing information regarding the
mortality status of individuals for epidemiolog-
ical and similar research in accordance with
section 1106(d) of the Social Security Act.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to requests for infor-
mation made after the date of the enactment of this Act.
SEC. 214. MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN
REFERENCE 
TO 
SOCIAL 
SECURITY 
PRO-
GRAMS AND AGENCIES.
(a) PROHIBITION
OF UNAUTHORIZED REPRODUC-
TION, REPRINTING, OR DISTRIBUTION FOR FEE OF CER-
TAIN OFFICIAL PUBLICATIONS.—Section 1140(a) of the
Social Security Act (42 U.S.C. 1320b–10(a)) is amend-
ed—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) No person may, for a fee, reproduce, reprint,
or distribute any item consisting of a form, application,
or other publication of the Social Security Administration
unless such person has obtained specific, written author-
ization for such activity in accordance with regulations
which the Secretary shall prescribe.’’.
(b) ADDITION TO PROHIBITED WORDS, LETTERS,
SYMBOLS, AND EMBLEMS.—Paragraph (1) of section
1140(a) of such Act (as redesignated by subsection (a))
is further amended—
(1) in subparagraph (A) (as redesignated), by
striking ‘‘Administration’, the letters ‘SSA’ or
‘HCFA’,’’ and inserting ‘‘Administration’, ‘Depart-
ment of Health and Human Services’, ‘Health and
Human Services’, ‘Supplemental Security Income
Program’, or ‘Medicaid’, the letters ‘SSA’, ‘HCFA’,
‘DHHS’, ‘HHS’, or ‘SSI’,’’; and
(2) in subparagraph (B) (as redesignated), by
striking ‘‘Social Security Administration’’ each place
it appears and inserting ‘‘Social Security Adminis-
tration, Health Care Financing Administration, or
Department of Health and Human Services’’, and
by striking ‘‘or of the Health Care Financing Ad-
ministration’’.
(c) EXEMPTION
FOR USE
OF WORDS, LETTERS,
SYMBOLS, AND EMBLEMS OF STATE AND LOCAL GOV-
ERNMENT AGENCIES
BY SUCH AGENCIES.—Paragraph
(1) of section 1140(a) of such Act (as redesignated by sub-
section (a)) is further amended by adding at the end the
following new sentence: ‘‘The preceding provisions of this
subsection shall not apply with respect to the use by any
agency or instrumentality of a State or political subdivi-
sion of a State of any words or letters which identify an
agency or instrumentality of such State or of a political
subdivision of such State or the use by any such agency
or instrumentality of any symbol or emblem of an agency
or instrumentality of such State or a political subdivision
of such State.’’.
(d) INCLUSION OF REASONABLENESS STANDARD.—
Section 1140(a)(1) of such Act (as amended by the pre-
ceding provisions of this section) is further amended, in
the matter following subparagraph (B) (as redesignated),
by striking ‘‘convey’’ and inserting ‘‘convey, or in a man-
ner which reasonably could be interpreted or construed as
conveying,’’.
(e) 
INEFFECTIVENESS
OF
DISCLAIMERS.—Sub-
section (a) of section 1140 of such Act (as amended by
the preceding provisions of this section) is further amend-
ed by adding at the end the following new paragraph:
‘‘(3) Any determination of whether the use of one or
more words, letters, symbols, or emblems (or any combina-
tion or variation thereof) in connection with an item de-
scribed in paragraph (1) or the reproduction, reprinting,
or distribution of an item described in paragraph (2) is
a violation of this subsection shall be made without regard
to any inclusion in such item (or any so reproduced, re-
printed, or distributed copy thereof) of a disclaimer of af-
filiation with the United States Government or any par-
ticular agency or instrumentality thereof.’’.
(f) VIOLATIONS WITH RESPECT
TO INDIVIDUAL
ITEMS.—Section 1140(b)(1) of such Act (42 U.S.C.
1320b–10(b)(1)) is amended by adding at the end the fol-
lowing new sentence: ‘‘In the case of any items referred
to in subsection (a)(1) consisting of pieces of mail, each
such piece of mail which contains one or more words, let-
ters, symbols, or emblems in violation of subsection (a)
shall represent a separate violation. In the case of any
item referred to in subsection (a)(2), the reproduction, re-
printing, or distribution of such item shall be treated as
a separate violation with respect to each copy thereof so
reproduced, reprinted, or distributed.’’.
(g) ELIMINATION OF CAP ON AGGREGATE LIABILITY
AMOUNT.—
(1) REPEAL.—Paragraph (2) of section 1140(b)
of such Act (42 U.S.C. 1320b–10(b)(2)) is repealed.
(2) 
CONFORMING
AMENDMENTS.—Section
1140(b) of such Act is further amended—
(A) by striking ‘‘(1) Subject to paragraph
(2), the’’ and inserting ‘‘The’’;
(B) by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2), respectively;
and
(C) in paragraph (1) (as redesignated), by
striking ‘‘subparagraph (B)’’ and inserting
‘‘paragraph (2)’’.
(h) REMOVAL OF FORMAL DECLINATION REQUIRE-
MENT.—Section 1140(c)(1) of such Act (42 U.S.C.
1320b–10(c)(1)) is amended by inserting ‘‘and the first
sentence of subsection (c)’’ after ‘‘and (i)’’.
(i) PENALTIES RELATING TO SOCIAL SECURITY AD-
MINISTRATION DEPOSITED IN OASI TRUST FUND.—Sec-
tion 1140(c)(2) of such Act (42 U.S.C. 1320b–10(c)(2))
is amended in the second sentence by striking ‘‘United
States.’’ and inserting ‘‘United States, except that, to the
extent that such amounts are recovered under this section
as penalties imposed for misuse of words, letters, symbols,
or emblems relating to the Social Security Administration,
such amounts shall be deposited into the Federal Old-Age
and Survivor’s Insurance Trust Fund.’’.
(j) ENFORCEMENT.—Section 1140 of such Act (42
U.S.C. 1320b–10) is amended by adding at the end the
following new subsection:
‘‘(d) The preceding provisions of this section shall be
enforced through the Office of Inspector General of the
Department of Health and Human Services.’’.
(k) ANNUAL REPORTS.—Section 1140 of such Act
(as amended by the preceding provisions of this section)
is further amended by adding at the end the following new
subsection:
‘‘(e) The Secretary shall include in the annual report
submitted pursuant to section 704 a report on the oper-
ation of this section during the year covered by such an-
nual report. Such report shall specify—
‘‘(1) the number of complaints of violations of
this section received by the Social Security Adminis-
tration during the year,
‘‘(2) the number of cases in which a notice of
violation of this section was sent by the Social Secu-
rity Administration during the year requesting that
an individual cease activities in violation of this sec-
tion,
‘‘(3) the number of complaints of violations of
this section referred by the Social Security Adminis-
tration to the Inspector General in the Department
of Health and Human Services during the year,
‘‘(4) the number of investigations of violations
of this section undertaken by the Inspector General
during the year,
‘‘(5) the number of cases in which a demand
letter was sent during the year assessing a civil
money penalty under this section,
‘‘(6) the total amount of civil money penalties
assessed under this section during the year,
‘‘(7) the number of requests for hearings filed
during the year pursuant to subsection (c)(1) of this
section and section 1128A(c)(2),
‘‘(8) the disposition during such year of hear-
ings filed pursuant to sections 1140(c)(1) and
1128A(c)(2), and
‘‘(9) the total amount of civil money penalties
under this section deposited into the Federal Old-
Age and Survivors Insurance Trust Fund during the
year.’’.
(l) PROHIBITION OF MISUSE OF DEPARTMENT OF
THE TREASURY NAMES, SYMBOLS, ETC.—
(1) GENERAL RULE.—Subchapter II of chapter
3 of title 31, United States Code, is amended by
adding at the end thereof the following new section:
‘‘§ 333. Prohibition of misuse of Department of the
Treasury names, symbols, etc.
‘‘(a) GENERAL RULE.—No person may use, in con-
nection with, or as a part of, any advertisement, solicita-
tion, business activity, or product, whether alone or with
other words, letters, symbols, or emblems—
‘‘(1) the words ‘Department of the Treasury’,
or the name of any service, bureau, office, or other
subdivision of the Department of the Treasury,
‘‘(2) the titles ‘Secretary of the Treasury’ or
‘Treasurer of the United States’ or the title of any
other officer or employee of the Department of the
Treasury,
‘‘(3) the abbreviations or initials of any entity
referred to in paragraph (1),
‘‘(4) the words ‘United States Savings Bond’ or
the name of any other obligation issued by the De-
partment of the Treasury,
‘‘(5) any symbol or emblem of an entity re-
ferred to in paragraph (1) (including the design of
any envelope or stationary used by such an entity),
and
‘‘(6) any colorable imitation of any such words,
titles, abbreviations, initials, symbols, or emblems,
in a manner which could reasonably be interpreted or con-
strued as conveying the false impression that such adver-
tisement, solicitation, business activity, or product is in
any manner approved, endorsed, sponsored, or authorized
by, or associated with, the Department of the Treasury
or any entity referred to in paragraph (1) or any officer
or employee thereof.
‘‘(b) TREATMENT
OF DISCLAIMERS.—Any deter-
mination of whether a person has violated the provisions
of subsection (a) shall be made without regard to any use
of a disclaimer of affiliation with the United States Gov-
ernment or any particular agency or instrumentality there-
of.
‘‘(c) CIVIL PENALTY.—
‘‘(1) IN
GENERAL.—The Secretary of the
Treasury may impose a civil penalty on any person
who violates the provisions of subsection (a).
‘‘(2) AMOUNT OF PENALTY.—The amount of
the civil penalty imposed by paragraph (1) shall not
exceed $5,000 for each use of any material in viola-
tion of subsection (a). If such use is in a broadcast
or telecast, the preceding sentence shall be applied
by substituting ‘$25,000’ for ‘$5,000’.
‘‘(3) TIME LIMITATIONS.—
‘‘(A) ASSESSMENTS.—The Secretary of the
Treasury may assess any civil penalty under
paragraph (1) at any time before the end of the
3-year period beginning on the date of the vio-
lation with respect to which such penalty is im-
posed.
‘‘(B) CIVIL ACTION.—The Secretary of the
Treasury may commence a civil action to re-
cover any penalty imposed under this subsection
at any time before the end of the 2-year period
beginning on the date on which such penalty
was assessed.
‘‘(4) COORDINATION WITH SUBSECTION (d).—
No penalty may be assessed under this subsection
with respect to any violation after a criminal pro-
ceeding with respect to such violation has been com-
menced under subsection (d).
‘‘(d) CRIMINAL PENALTY.—
‘‘(1) IN
GENERAL.—If any person knowingly
violates subsection (a), such person shall, upon con-
viction thereof, be fined not more than $10,000 for
each such use or imprisoned not more than 1 year,
or both. If such use is in a broadcast or telecast, the
preceding sentence shall be applied by substituting
‘$50,000’ for ‘$10,000’.
‘‘(2) TIME LIMITATIONS.—No person may be
prosecuted, tried, or punished under paragraph (1)
for any violation of subsection (a) unless the indict-
ment is found or the information instituted during
the 3-year period beginning on the date of the viola-
tion.
‘‘(3) COORDINATION WITH SUBSECTION (c).—
No criminal proceeding may be commenced under
this subsection with respect to any violation if a civil
penalty has previously been assessed under sub-
section (c) with respect to such violation.’’
(2) CLERICAL AMENDMENT.—The analysis for
chapter 3 of title 31, United States Code, is amend-
ed by adding after the item relating to section 332
the following new item:
‘‘333. Prohibition of misuse of Department of the Treasury names, symbols,
etc.’’.
(3) REPORT.—Not later than May 1, 1996, the
Secretary of the Treasury shall submit a report to
the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate on the implementation of the amend-
ments made by this section. Such report shall in-
clude the number of cases in which the Secretary
has notified persons of violations of section 333 of
title 31, United States Code (as added by subsection
(a)), the number of prosecutions commenced under
such section, and the total amount of the penalties
collected in such prosecutions.
(m) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to violations occurring
after the date of the enactment of this Act.
SEC. 215. INCREASED PENALTIES FOR UNAUTHORIZED DIS-
CLOSURE OF SOCIAL SECURITY INFORMA-
TION.
(a) UNAUTHORIZED DISCLOSURE.—Section 1106(a)
of the Social Security Act (42 U.S.C. 1306(a)) is amend-
ed—
(1) by striking ‘‘misdemeanor’’ and inserting
‘‘felony’’;
(2) 
by 
striking 
‘‘$1,000’’ 
and 
inserting
‘‘$10,000 for each occurrence of a violation’’; and
(3) by striking ‘‘one year’’ and inserting ‘‘5
years’’.
(b) UNAUTHORIZED DISCLOSURE BY FRAUD.—Sec-
tion 1107(b) of such Act (42 U.S.C. 1307(b)) is amend-
ed—
(1) by inserting ‘‘social security account num-
ber,’’ after ‘‘information as to the’’;
(2) by striking ‘‘misdemeanor’’ and inserting
‘‘felony’’;
(3) 
by 
striking 
‘‘$1,000’’ 
and 
inserting
‘‘$10,000 for each occurrence of a violation’’; and
(4) by striking ‘‘one year’’ and inserting ‘‘5
years’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to violations occurring on or after
the date of the enactment of this Act.
SEC. 216. INCREASE IN AUTHORIZED PERIOD FOR EXTEN-
SION OF TIME TO FILE ANNUAL EARNINGS
REPORT.
(a) IN GENERAL.—Section 203(h)(1)(A) of the Social
Security Act (42 U.S.C. 403(h)(1)(A)) is amended in the
last sentence by striking ‘‘three months’’ and inserting
‘‘four months’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to reports of earn-
ings for taxable years ending on or after December 31,
1994.
SEC. 217. EXTENSION OF DISABILITY INSURANCE PRO-
GRAM DEMONSTRATION PROJECT AUTHOR-
ITY.
(a) IN GENERAL.—Section 505 of the Social Security
Disability Amendments of 1980 (Public Law 96–265), as
amended by section 12101 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (Public Law 99–272),
section 10103 of the Omnibus Budget Reconciliation Act
of 1989 (Public Law 101–239), and section 5120 of the
Omnibus Budget Reconciliation Act of 1990 (Public Law
101–508) is further amended—
(1) in paragraph (3) of subsection (a), by strik-
ing ‘‘June 10, 1993’’ and inserting ‘‘June 10,
1996’’;
(2) in paragraph (4) of subsection (a), by strik-
ing ‘‘1992’’ and inserting ‘‘1995’’; and
(3) in subsection (c), by striking ‘‘October 1,
1993’’ and inserting ‘‘October 1, 1996’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 218. CROSS-MATCHING OF SOCIAL SECURITY AC-
COUNT NUMBER INFORMATION AND EM-
PLOYER IDENTIFICATION NUMBER INFORMA-
TION MAINTAINED BY THE DEPARTMENT OF
AGRICULTURE.
(a) SOCIAL SECURITY ACCOUNT NUMBER INFORMA-
TION.—Clause (iii) of section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) (as added by sec-
tion 1735(a)(3) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (Public Law 101–624; 104 Stat.
3791)) is amended—
(1) by inserting ‘‘(I)’’ after ‘‘(iii)’’; and
(2) by striking ‘‘The Secretary of Agriculture
shall restrict’’ and all that follows and inserting the
following:
‘‘(II) The Secretary of Agriculture may share any in-
formation contained in any list referred to in subclause
(I) with any other agency or instrumentality of the United
States which otherwise has access to social security ac-
count numbers in accordance with this subsection or other
applicable Federal law, except that the Secretary of Agri-
culture may share such information only to the extent that
such Secretary determines such sharing would assist in
verifying and matching such information against informa-
tion maintained by such other agency or instrumentality.
Any such information shared pursuant to this subclause
may be used by such other agency or instrumentality only
for the purpose of effective administration and enforce-
ment of the Food Stamp Act of 1977 or for the purpose
of investigation of violations of other Federal laws or en-
forcement of such laws.
‘‘(III) The Secretary of Agriculture, and the head of
any other agency or instrumentality referred to in this
subclause, shall restrict, to the satisfaction of the Sec-
retary of Health and Human Services, access to social se-
curity account numbers obtained pursuant to this clause
only to officers and employees of the United States whose
duties or responsibilities require access for the purposes
described in subclause (II).
‘‘(IV) The Secretary of Agriculture, and the head of
any agency or instrumentality with which information is
shared pursuant to clause (II), shall provide such other
safeguards as the Secretary of Health and Human Serv-
ices determines to be necessary or appropriate to protect
the confidentiality of the social security account
numbers.’’.
(b) EMPLOYER IDENTIFICATION NUMBER INFORMA-
TION.—Subsection (f) of section 6109 of the Internal Rev-
enue Code of 1986 (as added by section 1735(c) of the
Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101–624; 104 Stat. 3792)) (relating to access
to employer identification numbers by Secretary of Agri-
culture for purposes of Food Stamp Act of 1977) is
amended—
(1) by striking paragraph (2) and inserting the
following:
‘‘(2) SHARING
OF
INFORMATION
AND
SAFE-
GUARDS.—
‘‘(A) SHARING
OF
INFORMATION.—The
Secretary of Agriculture may share any infor-
mation contained in any list referred to in para-
graph (1) with any other agency or instrumen-
tality of the United States which otherwise has
access to employer identification numbers in ac-
cordance with this section or other applicable
Federal law, except that the Secretary of Agri-
culture may share such information only to the
extent that such Secretary determines such
sharing would assist in verifying and matching
such information against information main-
tained by such other agency or instrumentality.
Any such information shared pursuant to this
subparagraph may be used by such other agen-
cy or instrumentality only for the purpose of ef-
fective administration and enforcement of the
Food Stamp Act of 1977 or for the purpose of
investigation of violations of other Federal laws
or enforcement of such laws.
‘‘(B) SAFEGUARDS.—The Secretary of Ag-
riculture, and the head of any other agency or
instrumentality referred to in subparagraph
(A), shall restrict, to the satisfaction of the Sec-
retary of the Treasury, access to employer iden-
tification numbers obtained pursuant to this
subsection only to officers and employees of the
United States whose duties or responsibilities
require access for the purposes described in
100
subparagraph (A). The Secretary of Agri-
culture, and the head of any agency or instru-
mentality with which information is shared pur-
suant to subparagraph (A), shall provide such
other safeguards as the Secretary of the Treas-
ury determines to be necessary or appropriate
to protect the confidentiality of the employer
identification numbers.’’;
(2) in paragraph (3), by striking ‘‘by the Sec-
retary of Agriculture pursuant to this subsection’’
and inserting ‘‘pursuant to this subsection by the
Secretary of Agriculture or the head of any agency
or instrumentality with which information is shared
pursuant to paragraph (2)’’, and by striking ‘‘social
security account numbers’’ and inserting ‘‘employer
identification numbers’’; and
(3) in paragraph (4), by striking ‘‘by the Sec-
retary of Agriculture pursuant to this subsection’’
and inserting ‘‘pursuant to this subsection by the
Secretary of Agriculture or any agency or instru-
mentality with which information is shared pursuant
to paragraph (2)’’.
101
SEC. 219. CERTAIN TRANSFERS TO RAILROAD RETIREMENT
ACCOUNT MADE PERMANENT.
Subsection (c)(1)(A) of section 224 of the Railroad
Retirement Solvency Act of 1983 (relating to section 72(r)
revenue increase transferred to certain railroad accounts)
is amended by striking ‘‘with respect to benefits received
before October 1, 1992’’.
SEC. 220. AUTHORIZATION FOR USE OF SOCIAL SECURITY
ACCOUNT NUMBERS BY DEPARTMENT OF
LABOR IN ADMINISTRATION OF FEDERAL
WORKERS’ COMPENSATION LAWS.
Section 205(c)(2)(C) of the Social Security Act (42
U.S.C. 405(c)(2)(C)) is amended by adding at the end the
following new clause:
‘‘(ix) In the administration of the provisions of chap-
ter 81 of title 5, United States Code, and the Longshore
and Harbor Workers’ Compensation Act (33 U.S.C. 901
et seq.), the Secretary of Labor may require by regulation
that any person filing a notice of injury or a claim for
benefits under such provisions provide as part of such no-
tice or claim such person’s social security account number,
subject to the requirements of this clause. No officer or
employee of the Department of Labor shall have access
to any such number for any purpose other than the estab-
lishment of a system of records necessary for the effective
administration of such provisions. The Secretary of Labor
102
shall restrict, to the satisfaction of the Secretary of Health
and Human Services, access to social security account
numbers obtained pursuant to this clause to officers and
employees of the United States whose duties or respon-
sibilities require access for the administration or enforce-
ment of such provisions. The Secretary of Labor shall pro-
vide such other safeguards as the Secretary of Health and
Human Services determines to be necessary or appropriate
to protect the confidentiality of the social security account
numbers.’’.
SEC. 221. RETIREMENT ELIGIBILITY FOR FEDERAL EM-
PLOYEES TRANSFERRED TO INTERNATIONAL
ORGANIZATIONS.
(a) TREAMENT OF SERVICE IN THE EMPLOY OF
INTERNATIONAL ORGANIZATIONS
BY CERTAIN TRANS-
FERRED FEDERAL EMPLOYEES.—
(1) IN GENERAL.—Section 3121 of the Internal
Revenue Code of 1986 (relating to definitions) is
amended by adding at the end the following new
subsection:
‘‘(y) SERVICE IN THE EMPLOY OF INTERNATIONAL
ORGANIZATIONS BY CERTAIN TRANSFERRED FEDERAL
EMPLOYEES.—
‘‘(1) IN GENERAL.—For purposes of this chap-
ter, service performed in the employ of an inter-
103
national organization by an individual pursuant to a
transfer of such individual to such international or-
ganization pursuant to section 3582 of title 5, Unit-
ed States Code, shall constitute ‘employment’ if—
‘‘(A) immediately before such transfer,
such individual performed service with a Fed-
eral agency which constituted ‘employment’
under subsection (b) for purposes of the taxes
imposed by sections 3101(a) and 3111(a), and
‘‘(B) such individual would be entitled,
upon separation from such international organi-
zation and proper application, to reemployment
with such Federal agency under such section
3582.
‘‘(2) DEFINITIONS.—For purposes of this sub-
section—
‘‘(A) FEDERAL AGENCY.—The term ‘Fed-
eral agency’ means an agency, as defined in
section 3581(1) of title 5, United States Code.
‘‘(B) INTERNATIONAL
ORGANIZATION.—
The term ‘international organization’ has the
meaning provided such term by section 3581(3)
of title 5, United States Code.’’
(2) CONTRIBUTIONS
BY
FEDERAL
AGENCY.—
Section 3122 of such Code (relating to Federal serv-
104
ice) is amended by inserting after the first sentence
the following new sentence: ‘‘In the case of the taxes
imposed by this chapter with respect to service per-
formed in the employ of an international organiza-
tion pursuant to a transfer to which the provisions
of section 3121(y) are applicable, the determination
of the amount of remuneration for such service, and
the return and payment of the taxes imposed by this
chapter, shall be made by the head of the Federal
agency from which the transfer was made.’’
(3) COLLECTION
OF
EMPLOYEE
CONTRIBU-
TIONS.—Section 3102 of such Code (relating to de-
duction of tax from wages) is amended by adding at
the end the following new subsection:
‘‘(e) SPECIAL RULE FOR CERTAIN TRANSFERRED
FEDERAL EMPLOYEES.—In the case of any payments of
wages for service performed in the employ of an inter-
national organization pursuant to a transfer to which the
provisions of section 3121(y) are applicable—
‘‘(1) subsection (a) shall not apply,
‘‘(2) the head of the Federal agency from which
the transfer was made shall separately include on
the statement required under section 6051—
‘‘(A) the amount determined to be the
amount of the wages for such service, and
105
‘‘(B) the amount of the tax imposed by
section 3101 on such payments, and
‘‘(3) the tax imposed by section 3101 on such
payments shall be paid by the employee.’’
(4) EXCLUSION FROM TREATMENT AS TRADE
OR BUSINESS.—Paragraph (2)(C) of section 1402(c)
of such Code (defining trade or business) is amend-
ed by adding at the end the following: ‘‘except serv-
ice which constitutes ‘employment’ under section
3121(y),’’.
(5) 
CONFORMING
AMENDMENT.—Paragraph
(15) of section 3121(b) of such Code is amended by
inserting ‘‘, except service which constitutes ‘em-
ployment’ under subsection (y)’’ after ‘‘organiza-
tion’’.
(b) AMENDMENTS TO THE SOCIAL SECURITY ACT.—
(1) IN GENERAL.—Section 210 of the Social
Security Act (42 U.S.C. 410) is amended by adding
at the end the following new subsection:
‘‘SERVICE IN THE EMPLOY OF INTERNATIONAL ORGANI-
ZATIONS BY CERTAIN TRANSFERRED FEDERAL EM-
PLOYEES
‘‘(r)(1) For purposes of this title, service performed
in the employ of an international organization by an indi-
vidual pursuant to a transfer of such individual to such
international organization pursuant to section 3582 of
107
amended by inserting ‘‘, except service which con-
stitutes ‘employment’ under subsection (r)’’ before
the semicolon.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to service performed
after the calendar quarter following the calendar quarter
in which the date of the enactment of this Act occurs.
SEC. 222. TREATMENT OF CERTAIN VISAS.
(a) AMENDMENTS
TO
THE INTERNAL REVENUE
CODE OF 1986.—
(1) The following provisions of the Internal
Revenue Code of 1986 are each amended by striking
‘‘(J), or (M)’’ each place it appears and inserting
‘‘(J), (M), or (Q)’’:
(A) Section 871(c).
(B) Section 1441(b).
(C) Section 3121(b)(19).
(D) Section 3231(e)(1).
(E) Section 3306(c)(19).
(2) Paragraph (3) of section 872(b) of such
Code is amended by striking ‘‘(F) or (J)’’ and in-
serting ‘‘(F), (J), or (Q)’’.
(3) Paragraph (5) of section 7701(b) of such
Code is amended by striking ‘‘subparagraph (J)’’ in
108
subparagraphs (C)(i) and (D)(i)(II) and inserting
‘‘subparagraph (J) or (Q)’’.
(b) AMENDMENT TO SOCIAL SECURITY ACT.—Para-
graph (19) of section 210(a) of the Social Security Act
is amended by striking ‘‘(J), or (M)’’ each place it appears
and inserting ‘‘(J), (M), or (Q)’’.
(c) EFFECTIVE DATE.—The amendments made by
this subsection shall take effect with the calendar quarter
following the date of the enactment of this Act.
SEC. 223. COMMISSION ON CHILDHOOD DISABILITY.
(a) ESTABLISHMENT
OF COMMISSION.—The Sec-
retary of Health and Human Services (in this section re-
ferred to as the ‘‘Secretary’’) shall appoint a Commission
on the Evaluation of Disability in Children (in this section
referred to as the ‘‘Commission’’).
(b) APPOINTMENT OF MEMBERS.—(1) The Secretary
shall appoint not less than 9 but not more than 15 mem-
bers to the Commission, including—
(A) recognized experts in the field of medicine,
whose work involves—
(i) the evaluation and treatment of disabil-
ity in children,
(ii) the study of congenital, genetic, or
perinatal disorders in children, or
109
(iii) the measurement of developmental
milestones and developmental deficits in chil-
dren; and
(B) recognized experts in the fields of—
(i) psychology,
(ii) education and rehabilitation,
(iii) law,
(iv) the administration of disability pro-
grams,
(v) social insurance (including health in-
surance), and
(vi) other fields of expertise that the Sec-
retary determines to be appropriate.
(2) Members shall be appointed by January 1, 1995,
without regard to the provisions of title 5, United States
Code, governing appointments to competitive service.
(3) Members appointed under this subsection shall
serve for a term equivalent to the duration of the Commis-
sion.
(4) The Secretary shall designate a member of the
Commission to serve as Chair of the Commission for a
term equivalent to the duration of the Commission.
(c) ADMINISTRATIVE PROVISIONS.—(1) Service as a
member of the Commission by an individual who is not
otherwise a Federal employee shall not be considered serv-
110
ice in an appointive or elective position in the Federal Gov-
ernment for the purposes of title 5, United States Code.
(2) Each member of the Commission who is not a
full-time Federal employee shall be paid compensation at
a rate equal to the daily equivalent of the rate of basic
pay in effect for Level IV of the Executive Schedule for
each day (including travel time) the member attends meet-
ings or otherwise performs the duties of the Commission.
(3) While away from their homes or regular places
of business on the business of the Commission, each mem-
ber who is not a full-time Federal employee may be al-
lowed travel expenses, including per diem in lieu of sub-
sistence, as authorized by section 5703 of title 5, United
States Code, for persons employed intermittently in the
Government service.
(d) ASSISTANCE TO COMMISSION.—The Commission
may engage individuals skilled in medical and other as-
pects of childhood disability to provide such technical as-
sistance as may be necessary to carry out the functions
of the Commission. The Secretary shall make available to
the Commission such secretarial, clerical, and other assist-
ance as the Commission may require to carry out the func-
tions of the Commission.
(e) STUDY BY THE COMMISSION.—(1) The Commis-
sion shall conduct a study, in consultation with the Na-
111
tional Academy of Sciences, of the effects of the definition
of ‘‘disability’’ under title XVI of the Social Security Act
(42 U.S.C. 1382 et seq.) in effect on the date of enactment
of this Act, as such definition applies to determining
whether a child under the age of 18 is eligible to receive
benefits under such title, the appropriateness of such defi-
nition, and the advantages and disadvantages of using any
alternative definition of disability in determining whether
a child under age 18 is eligible to receive benefits under
such title.
(2) The study described in paragraph (1) shall in-
clude issues of—
(A) whether the need by families for assistance
in meeting high costs of medical care for children
with serious physical or mental impairments, wheth-
er or not they are eligible for disability benefits
under title XVI of the Social Security Act, might ap-
propriately be met through expansion of Federal
health assistance programs (including the program
of medical assistance under title XIX of such Act);
and
(B) such other issues that the Secretary deter-
mines to be appropriate.
(f) REPORT.—Not later than November 30, 1996, the
Commission shall prepare a report and submit such report
112
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate which shall summarize the results of the study de-
scribed in subsection (e) and include any recommendations
that the Commission determines to be appropriate.
SEC. 224. TECHNICAL AND CLERICAL AMENDMENTS.
(a) AMENDMENTS TO TITLE II OF THE SOCIAL SE-
CURITY ACT.—
(1) Section 201(a) of the Social Security Act
(42 U.S.C. 401(a)) is amended, in the matter follow-
ing clause (4), by striking ‘‘and and’’ and inserting
‘‘and’’.
(2) Section 202(d)(8)(D)(ii) of such Act (42
U.S.C. 402(d)(8)(D)(ii)) is amended by adding a pe-
riod at the end and by adjusting the left hand
margination thereof so as to align with section
202(d)(8)(D)(i) of such Act.
(3) Section 202(q)(1)(A) of such Act (42
U.S.C. 402(q)(1)(A)) is amended by striking the
dash at the end.
(4) Section 202(q)(9) of such Act (42 U.S.C.
402(q)(9)) is amended, in the matter preceding sub-
paragraph (A), by striking ‘‘parargaph’’ and insert-
ing ‘‘paragraph’’.
113
(5) Section 202(t)(4)(D) of such Act (42
U.S.C. 402(t)(4)(D)) is amended by inserting ‘‘if
the’’ before ‘‘Secretary’’ the second and third places
it appears.
(6) Clauses (i) and (ii) of section 203(f)(5)(C)
of such Act (42 U.S.C. 403(f)(5)(C)) are amended
by adjusting the left-hand margination thereof so as
to align with clauses (i) and (ii) of section
203(f)(5)(B) of such Act.
(7) Paragraph (3)(A) and paragraph (3)(B) of
section 205(b) of such Act (42 U.S.C. 405(b)) are
amended by adjusting the left-hand margination
thereof so as to align with the matter following
section 205(b)(2)(C) of such Act.
(8) Section 205(c)(2)(B)(iii) of such Act (42
U.S.C. 405(c)(2)(B)(iii)) is amended by striking
‘‘non-public’’ and inserting ‘‘nonpublic’’.
(9) Section 205(c)(2)(C) of such Act (42 U.S.C.
405(c)(2)(C)) is amended—
(A) by striking the clause (vii) added by
section 2201(c) of Public Law 101–624; and
(B) by redesignating the clause (iii) added
by section 2201(b)(3) of Public Law 101–624,
clause (iv), clause (v), clause (vi), and the
clause (vii) added by section 1735(b) of Public
114
Law 101–624 as clause (iv), clause (v), clause
(vi), clause (vii), and clause (viii), respectively;
(C) in clause (v) (as redesignated), by
striking ‘‘subclause (I) of’’, and by striking
‘‘subclause (II) of clause (i)’’ and inserting
‘‘clause (ii)’’; and
(D) in clause (viii)(IV) (as redesignated),
by inserting ‘‘a social security account number
or’’ before ‘‘a request for’’.
(10) The heading for section 205(j) of such Act
(42 U.S.C. 405(j)) is amended to read as follows:
‘‘Representative Payees’’.
(11) The heading for section 205(s) of such Act
(42 U.S.C. 405(s)) is amended to read as follows:
‘‘Notice Requirements’’.
(12) Section 208(c) of such Act (42 U.S.C.
408(c)) is amended by striking ‘‘subsection (g)’’ and
inserting ‘‘subsection (a)(7)’’.
(13) Section 210(a)(5)(B)(i)(V) of such Act (42
U.S.C. 410(a)(5)(B)(i)(V)) is amended by striking
‘‘section 
105(e)(2)’’ 
and 
inserting 
‘‘section
104(e)(2)’’.
(14) Section 211(a) of such Act (42 U.S.C.
411(a)) is amended—
115
(A) in paragraph (13), by striking ‘‘and’’
at the end; and
(B) in paragraph (14), by striking the pe-
riod and inserting ‘‘; and’’.
(15) Section 213(c) of such Act (42 U.S.C.
413(c)) is amended by striking ‘‘section’’ the first
place it appears and inserting ‘‘sections’’.
(16) Section 215(a)(5)(B)(i) of such Act (42
U.S.C. 415(a)(5)(B)(i)) is amended by striking
‘‘subsection’’ the second place it appears and insert-
ing ‘‘subsections’’.
(17) Section 215(f)(7) of such Act (42 U.S.C.
415(f)(7)) is amended by inserting a period after
‘‘1990’’.
(18) Subparagraph (F) of section 218(c)(6) of
such Act (42 U.S.C. 418(c)(6)) is amended by ad-
justing the left-hand margination thereof so as to
align with section 218(c)(6)(E) of such Act.
(19) Section 223(i) of such Act (42 U.S.C.
423(i)) is amended by adding at the beginning the
following heading:
‘‘Limitation on Payments to Prisoners’’.
(b) RELATED AMENDMENTS.—
(1) Section 603(b)(5)(A) of Public Law 101–
649 (amending section 202(n)(1) of the Social Secu-
116
rity Act) (104 Stat. 5085) is amended by inserting
‘‘under’’ before ‘‘paragraph (1),’’ and by striking
‘‘(17), or (18)’’ and inserting ‘‘(17), (18), or (19)’’,
effective as if this paragraph were included in such
section 603(b)(5)(A).
(2) Section 10208(b)(1) of Public Law 101–
239 (amending section 230(b)(2)(A) of the Social
Security Act) (103 Stat. 2477) is amended by strik-
ing ‘‘230(b)(2)(A)’’ and ‘‘430(b)(2)(A)’’ and insert-
ing ‘‘230(b)(2)’’ and ‘‘430(b)(2)’’, respectively, effec-
tive as if this paragraph were included in such sec-
tion 10208(b)(1).
(c) CONFORMING, CLERICAL AMENDMENTS UPDAT-
ING, WITHOUT SUBSTANTIVE CHANGE, REFERENCES IN
TITLE II OF THE SOCIAL SECURITY ACT TO THE INTER-
NAL REVENUE CODE.—
(1)(A)(i) Section 201(g)(1) of such Act (42
U.S.C. 401(g)(1)) is amended—
(I) in subparagraph (A)(i), by striking
‘‘and subchapter E’’ and all that follows
through ‘‘1954’’ and inserting ‘‘and chapters 2
and 21 of the Internal Revenue Code of 1986’’;
(II) in subparagraph (A)(ii), by striking
‘‘1954’’ and inserting ‘‘1986’’;
117
(III) in the matter in subparagraph (A)
following clause (ii), by striking ‘‘subchapter E’’
and all that follows through ‘‘1954.’’ and in-
serting ‘‘chapters 2 and 21 of the Internal Rev-
enue Code of 1986.’’, and by striking ‘‘1954
other’’ and inserting ‘‘1986 other’’; and
(IV) in subparagraph (B), by striking
‘‘1954’’ each place it appears and inserting
‘‘1986’’.
(ii) The amendments made by clause (i) shall
apply only with respect to periods beginning on or
after the date of the enactment of this Act.
(B)(i) Section 201(g)(2) of such Act (42 U.S.C.
401(g)(2)) is amended by striking ‘‘section 3101(a)’’
and all that follows through ‘‘1950.’’ and inserting
‘‘section 3101(a) of the Internal Revenue Code of
1986 which are subject to refund under section
6413(c) of such Code with respect to wages (as de-
fined in section 3121 of such Code).’’, and by strik-
ing ‘‘wages reported’’ and all that follows through
‘‘1954,’’ and inserting ‘‘wages reported to the Sec-
retary of the Treasury or his delegate pursuant to
subtitle F of such Code,’’.
118
(ii) The amendments made by clause (i) shall
apply only with respect to wages paid on or after
January 1, 1995.
(C) Section 201(g)(4) of such Act (42 U.S.C.
401(g)(4)) is amended—
(i) by striking ‘‘The Board of Trustees
shall prescribe before January 1, 1981, the
method’’ and inserting ‘‘If at any time or times
the Boards of Trustees of such Trust Funds
deem such action advisable, they may modify
the method prescribed by such Boards’’;
(ii) by striking ‘‘1954’’ and inserting
‘‘1986’’; and
(iii) by striking the last sentence.
(2) Section 202(v) of such Act (42 U.S.C.
402(v)) is amended—
(A) in paragraph (1), by striking ‘‘1954’’
and inserting ‘‘1986’’; and
(B) in paragraph (3)(A), by inserting ‘‘of
the Internal Revenue Code of 1986’’ after
‘‘3127’’.
(3) Section 205(c)(5)(F)(i) of such Act (42
U.S.C. 405(c)(5)(F)(i)) is amended by inserting ‘‘or
the Internal Revenue Code of 1986’’ after ‘‘1954’’.
119
(4)(A) Section 209(a)(4)(A) of such Act (42
U.S.C. 409(a)(4)(A)) is amended by inserting ‘‘or
the Internal Revenue Code of 1986’’ after ‘‘Internal
Revenue Code of 1954’’.
(B) Section 209(a) of such Act (42 U.S.C.
409(a)) is amended—
(i) in subparagraphs (C) and (E) of para-
graph (4),
(ii) in paragraph (5)(A),
(iii) in subparagraphs (A) and (B) of para-
graph (14),
(iv) in paragraph (15),
(v) in paragraph (16), and
(vi) in paragraph (17),
by striking ‘‘1954’’ each place it appears and insert-
ing ‘‘1986’’.
(C) Subsections (b), (f), (g), (i)(1), and (j) of
section 209 of such Act (42 U.S.C. 409) are amend-
ed by striking ‘‘1954’’ each place it appears and
inserting ‘‘1986’’.
(5) Section 211(a)(15) of such Act (42 U.S.C.
411(a)(15)) is amended by inserting ‘‘of the Internal
Revenue Code of 1986’’ after ‘‘section 162(m)’’.
(6) Title II of such Act is further amended—
120
(A) in subsections (f)(5)(B)(ii) and (k) of
section 203 (42 U.S.C. 403),
(B) in section 205(c)(1)(D)(i) (42 U.S.C.
405(c)(1)(D)(i)),
(C) in the matter in section 210(a) (42
U.S.C. 410(a)) preceding paragraph (1) and in
paragraphs (8), (9), and (10) of section 210(a),
(D) in subsections (p)(4) and (q) of section
210 (42 U.S.C. 410),
(E) in the matter in section 211(a) (42
U.S.C. 411(a)) preceding paragraph (1) and in
paragraphs (3), (4), (6), (10), (11), and (12)
and clauses (iii) and (iv) of section 211(a),
(F) in the matter in section 211(c) (42
U.S.C. 411(c)) preceding paragraph (1), in
paragraphs (3) and (6) of section 211(c), and
in the matter following paragraph (6) of section
211(c),
(G) in subsections (d), (e), and (h)(1)(B)
of section 211 (42 U.S.C. 411),
(H) in section 216(j) (42 U.S.C. 416(j)),
(I) in section 218(e)(3) (42 U.S.C.
418(e)(3)),
(J) in section 229(b) (42 U.S.C. 429(b)),
121
(K) in section 230(c) (42 U.S.C. 430(c)),
and
(L) in section 232 (42 U.S.C. 432),
by striking ‘‘1954’’ each place it appears and insert-
ing ‘‘1986’’.
(d) RULES OF CONSTRUCTION.—
(1) The preceding provisions of this section
shall be construed only as technical and clerical cor-
rections and as reflecting the original intent of the
provisions amended thereby.
(2) Any reference in title II of the Social Secu-
rity Act to the Internal Revenue Code of 1986 shall
be construed to include a reference to the Internal
Revenue Code of 1954 to the extent necessary to
carry out the provisions of paragraph (1).
(e) UTILIZATION
OF NATIONAL AVERAGE WAGE
INDEX FOR WAGE-BASED ADJUSTMENTS.—
(1) DEFINITION OF NATIONAL AVERAGE WAGE
INDEX.—Section 209(k) of the Social Security Act
(42 U.S.C. 409(k)) is amended—
(A) by redesignating paragraph (2) as
paragraph (3);
(B) in paragraph (3) (as redesignated), by
striking ‘‘paragraph (1)’’ and inserting ‘‘this
subsection’’; and
122
(C) by striking paragraph (1) and insert-
ing the following new paragraphs:
‘‘(k)(1) For purposes of sections 203(f)(8)(B)(ii),
213(d)(2)(B), 
215(a)(1)(B)(ii), 
215(a)(1)(C)(ii),
215(a)(1)(D), 
215(b)(3)(A)(ii), 
215(i)(1)(E),
215(i)(2)(C)(ii), 
224(f)(2)(B), 
and 
230(b)(2) 
(and
230(b)(2) as in effect immediately prior to the enactment
of the Social Security Amendments of 1977), the term ‘na-
tional average wage index’ for any particular calendar year
means, subject to regulations of the Secretary under para-
graph (2), the average of the total wages for such particu-
lar calendar year.
‘‘(2) The Secretary shall prescribe regulations under
which the national average wage index for any calendar
year shall be computed—
‘‘(A) on the basis of amounts reported to the
Secretary of the Treasury or his delegate for such
year,
‘‘(B) by disregarding the limitation on wages
specified in subsection (a)(1),
‘‘(C) with respect to calendar years after 1990,
by incorporating deferred compensation amounts
and factoring in for such years the rate of change
from year to year in such amounts, in a manner
consistent with the requirements of section 10208 of
123
the Omnibus Budget Reconciliation Act of 1989,
and
‘‘(D) with respect to calendar years before
1978, in a manner consistent with the manner in
which the average of the total wages for each of
such calendar years was determined as provided by
applicable law as in effect for such years.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 213(d)(2)(B) of such Act (42
U.S.C. 413(d)(2)(B)) is amended by striking
‘‘deemed average total wages’’ and inserting
‘‘national average wage index’’, and by striking
‘‘the average of the total wages’’ and all that
follows and inserting ‘‘the national average
wage index (as so defined) for 1976,’’.
(B) Section 215(a)(1)(B)(ii) of such Act
(42 U.S.C. 415(a)(1)(B)(ii)) is amended—
(i) in subclause (I), by striking
‘‘deemed average total wages’’ and insert-
ing ‘‘national average wage index’’; and
(ii) in subclause (II), by striking ‘‘the
average of the total wages’’ and all that
follows and inserting ‘‘the national average
wage index (as so defined) for 1977.’’.
124
(C) Section 215(a)(1)(C)(ii) of such Act
(42 U.S.C. 415(a)(1)(C)(ii)) is amended by
striking ‘‘deemed average total wages’’ and
inserting ‘‘national average wage index’’.
(D) Section 215(a)(1)(D) of such Act (42
U.S.C. 415(a)(1)(D)) is amended—
(i) by striking ‘‘after 1978’’;
(ii) by striking ‘‘and the average of
the total wages (as described in subpara-
graph (B)(ii)(I))’’ and inserting ‘‘and the
national average wage index (as defined in
section 209(k)(1))’’; and
(iii) by striking the last sentence.
(E) Section 215(b)(3)(A)(ii) of such Act
(42 U.S.C. 415(b)(3)(A)(ii)) is amended by
striking ‘‘deemed average total wages’’ each
place it appears and inserting ‘‘national average
wage index’’.
(F) Section 215(i)(1) of such Act (42
U.S.C. 415(i)(1)) is amended—
(i) in subparagraph (E), by striking
‘‘SSA average wage index’’ and inserting
‘‘national average wage index (as defined
in section 209(k)(1))’’; and
125
(ii) by striking subparagraph (G) and
redesignating subparagraph (H) as sub-
paragraph (G).
(G) Section 215(i)(2)(C)(ii) of such Act
(42 U.S.C. 415(i)(1)(C)(ii)) is amended to read
as follows:
‘‘(ii) The Secretary shall determine and promulgate
the OASDI fund ratio for the current calendar year on
or before November 1 of the current calendar year, based
upon the most recent data then available. The Secretary
shall include a statement of the fund ratio and the na-
tional average wage index (as defined in section 209(k)(1))
and a statement of the effect such ratio and the level of
such index may have upon benefit increases under this
subsection in any notification made under clause (i) and
any determination published under subparagraph (D).’’.
(H) Section 224(f)(2) of such Act (42
U.S.C. 424a(f)(2)) is amended—
(i) in subparagraph (A), by adding
‘‘and’’ at the end;
(ii) by striking subparagraph (C); and
(iii) by striking subparagraph (B) and
inserting the following:
‘‘(B) the ratio of (i) the national average wage
index (as defined in section 209(k)(1)) for the cal-
126
endar year before the year in which such redeter-
mination is made to (ii) the national average wage
index (as so defined) for the calendar year before
the year in which the reduction was first computed
(but not counting any reduction made in benefits for
a previous period of disability).’’.
(f) TECHNICAL CORRECTIONS RELATED TO OASDI
IN
THE OMNIBUS BUDGET RECONCILIATION ACT
OF
1990.—
(1) AMENDMENTS RELATED TO PROVISIONS IN
SECTION
5103(b) RELATING
TO
DISABLED
WID-
OWS.—Section 223(f)(2) of the Social Security Act
(42 U.S.C. 423(f)(2)) is amended—
(A) in subparagraph (A), by striking ‘‘(in
a case to which clause (ii)(II) does not apply)’’;
and
(B) by striking subparagraph (B)(ii) and
inserting the following:
‘‘(ii) the individual is now able to en-
gage in substantial gainful activity; or’’.
(2) AMENDMENTS RELATED TO PROVISIONS IN
SECTION
5105(d) RELATING
TO
REPRESENTATIVE
PAYEES.—Section 5105(d)(1)(A) of the Omnibus
Budget Reconciliation Act of 1990 (Public Law
101–508) is amended—
127
(A) by striking ‘‘Section 205(j)(5)’’ and in-
serting ‘‘Section 205(j)(6)’’; and
(B) by redesignating the paragraph (5) as
amended thereby as paragraph (6).
(3) AMENDMENTS RELATED TO PROVISIONS IN
SECTION
5106
RELATING
TO
COORDINATION
OF
RULES UNDER TITLES II AND XVI GOVERNING FEES
FOR REPRESENTATIVES OF CLAIMANTS WITH ENTI-
TLEMENTS UNDER BOTH TITLES.—
(A) CALCULATION OF FEE OF CLAIMANT’S
REPRESENTATIVE BASED ON AMOUNT OF PAST-
DUE SUPPLEMENTAL SECURITY INCOME BENE-
FITS AFTER APPLICATION OF WINDFALL OFF-
SET
PROVISION.—Section 1631(d)(2)(A)(i) of
the Social Security Act (as amended by section
5106(a)(2) of the Omnibus Budget Reconcili-
ation 
Act 
of 
1990) 
(42 
U.S.C.
1383(d)(2)(A)(i)) is amended to read as fol-
lows:
‘‘(i) by substituting, in subparagraphs (A)(ii)(I)
and (C)(i), the phrase ‘(as determined before any
applicable reduction under section 1631(g), and re-
duced by the amount of any reduction in benefits
under this title or title II made pursuant to section
128
1127(a))’ for the parenthetical phrase contained
therein; and’’.
(B) CALCULATION OF PAST-DUE BENEFITS
FOR
PURPOSES
OF
DETERMINING
ATTORNEY
FEES IN JUDICIAL PROCEEDINGS.—
(i) IN
GENERAL.—Section 206(b)(1)
of such Act (42 U.S.C. 406(b)(1)) is
amended—
(I) by inserting ‘‘(A)’’ after
‘‘(b)(1)’’; and
(II) by adding at the end the fol-
lowing new subparagraph:
‘‘(B) For purposes of this paragraph—
‘‘(i) the term ‘past-due benefits’ excludes any
benefits with respect to which payment has been
continued pursuant to subsection (g) or (h) of sec-
tion 223, and
‘‘(ii) amounts of past-due benefits shall be
taken into account to the extent provided under the
rules applicable in cases before the Secretary.’’.
(ii) PROTECTION
FROM
OFFSETTING
SSI BENEFITS.—The last sentence of sec-
tion 1127(a) of such Act (as added by sec-
tion 5106(b) of the Omnibus Budget Rec-
onciliation Act of 1990) (42 U.S.C.
129
1320a–6(a)) is amended by striking ‘‘sec-
tion 206(a)(4)’’ and inserting ‘‘subsection
(a)(4) or (b) of section 206’’.
(4) APPLICATION OF SINGLE DOLLAR AMOUNT
CEILING TO CONCURRENT CLAIMS UNDER TITLES II
AND XVI.—
(A) IN
GENERAL.—Section 206(a)(2) of
such Act (as amended by section 5106(a)(1) of
the Omnibus Budget Reconciliation Act of
1990) (42 U.S.C. 406(a)(2)) is amended—
(i) by redesignating subparagraph (C)
as subparagraph (D); and
(ii) by inserting after subparagraph
(B) the following new subparagraph:
‘‘(C) In any case involving—
‘‘(i) an agreement described in subparagraph
(A) with any person relating to both a claim of enti-
tlement to past-due benefits under this title and a
claim of entitlement to past-due benefits under title
XVI, and
‘‘(ii) a favorable determination made by the
Secretary with respect to both such claims,
the Secretary may approve such agreement only if the
total fee or fees specified in such agreement does not ex-
130
ceed, in the aggregate, the dollar amount in effect under
subparagraph (A)(ii)(II).’’.
(B) CONFORMING
AMENDMENT.—Section
206(a)(3)(A) of such Act (as amended by sec-
tion 5106(a)(1) of the Omnibus Budget Rec-
onciliation 
Act 
of 
1990) 
(42 
U.S.C.
406(a)(3)(A)) is amended by striking ‘‘para-
graph 
(2)(C)’’ 
and 
inserting 
‘‘paragraph
(2)(D)’’.
(5) EFFECTIVE DATE.—Each amendment made
by this section shall take effect as if included in the
provisions of the Omnibus Budget Reconciliation Act
of 1990 to which such amendment relates.
(g) ELIMINATION OF ROUNDING DISTORTION IN THE
CALCULATION OF THE OLD-AGE, SURVIVORS, AND DIS-
ABILITY INSURANCE CONTRIBUTION AND BENEFIT BASE
AND THE EARNINGS TEST EXEMPT AMOUNTS.—
(1) ADJUSTMENT OF OASDI CONTRIBUTION AND
BENEFIT BASE.—
(A) IN GENERAL.—Section 230(b) of the
Social Security Act (42 U.S.C. 430(b)) is
amended by striking paragraphs (1) and (2)
and inserting the following:
‘‘(1) $60,600, and
131
‘‘(2) the ratio of (A) the national average wage
index (as defined in section 209(k)(1)) for the cal-
endar year before the calendar year in which the de-
termination under subsection (a) is made to (B) the
national average wage index (as so defined) for
1992,’’.
(B) CONFORMING AMENDMENT RELATING
TO APPLICABLE PRIOR LAW.—Section 230(d) of
such Act (42 U.S.C. 430(d)) is amended by
striking ‘‘(except that’’ and all that follows
through the end and inserting ‘‘(except that, for
purposes of subsection (b) of such section 230
as so in effect, the reference to the contribution
and benefit base in paragraph (1) of such sub-
section (b) shall be deemed a reference to an
amount equal to $45,000, each reference in
paragraph (2) of such subsection (b) to the av-
erage of the wages of all employees as reported
to the Secretary of the Treasury shall be
deemed a reference to the national average
wage index (as defined in section 209(k)(1)),
the reference to a preceding calendar year in
paragraph (2)(A) of such subsection (b) shall
be deemed a reference to the calendar year be-
fore the calendar year in which the determina-
132
tion under subsection (a) of such section 230 is
made, and the reference to a calendar year in
paragraph (2)(B) of such subsection (b) shall
be deemed a reference to 1992).’’.
(C) ADJUSTMENT OF CONTRIBUTION AND
BENEFIT BASE APPLICABLE IN DETERMINING
YEARS OF COVERAGE FOR PURPOSES OF SPE-
CIAL
MINIMUM
PRIMARY
INSURANCE
AMOUNT.—Section 215(a)(1)(C)(ii) of such Act
is amended by striking ‘‘(except that’’ and all
that follows through the end and inserting ‘‘(ex-
cept that, for purposes of subsection (b) of such
section 230 as so in effect, the reference to the
contribution and benefit base in paragraph (1)
of such subsection (b) shall be deemed a ref-
erence to an amount equal to $45,000, each
reference in paragraph (2) of such subsection
(b) to the average of the wages of all employees
as reported to the Secretary of the Treasury
shall be deemed a reference to the national av-
erage wage index (as defined in section
209(k)(1)), the reference to a preceding cal-
endar year in paragraph (2)(A) of such sub-
section (b) shall be deemed a reference to the
calendar year before the calendar year in which
133
the determination under subsection (a) of such
section 230 is made, and the reference to a cal-
endar year in paragraph (2)(B) of such sub-
section (b) shall be deemed a reference to
1992).’’.
(2) ADJUSTMENT OF EARNINGS TEST EXEMPT
AMOUNT.—Section 203(f)(8)(B)(ii) of the Social Se-
curity Act (42 U.S.C. 403(f)(8)(B)(ii)) is amended
to read as follows:
‘‘(ii) the product of the corresponding ex-
empt amount which is in effect with respect to
months in the taxable year ending after 1993
and before 1995, and the ratio of—
‘‘(I) the national average wage index
(as defined in section 209(k)(1)) for the
calendar year before the calendar year in
which the determination under subpara-
graph (A) is made, to
‘‘(II) the national average wage index
(as so defined) for 1992,
with such product, if not a multiple of $10,
being rounded to the next higher multiple of
$10 where such product is a multiple of $5 but
not of $10 and to the nearest multiple of $10
in any other case.’’.
134
(3) EFFECTIVE DATES.—
(A) The amendments made by subsection
(a) shall be effective with respect to the deter-
mination of the contribution and benefit base
for years after 1994.
(B) The amendment made by subsection
(b) shall be effective with respect to the deter-
mination of the exempt amounts applicable to
any taxable year ending after 1994.
Æ
HR 4277 IH——2
HR 4277 IH——3
HR 4277 IH——4
HR 4277 IH——5
HR 4277 IH——6
HR 4277 IH——7
HR 4277 IH——8
HR 4277 IH——9