Union Calendar No. 424
104TH CONGRESS
2D SESSION
H. R. 4039
[Report No. 104–786]
A BILL
To make technical and clarifying amendments to
recently enacted provisions relating to titles II
and XVI of the Social Security Act and to pro-
vide for a temporary extension of demonstration
project authority in the Social Security Adminis-
tration.
SEPTEMBER 16, 1996
Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
IB
Union Calendar No. 424
104TH CONGRESS
2D SESSION
H. R. 4039
[Report No. 104–786]
To make technical and clarifying amendments to recently enacted provisions
relating to titles II and XVI of the Social Security Act and to provide
for a temporary extension of demonstration project authority in the
Social Security Administration.
IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 10, 1996
Mr. BUNNING of Kentucky (for himself and Mr. JACOBS) introduced the
following bill; which was referred to the Committee on Ways and Means
SEPTEMBER 16, 1996
Additional sponsor: Mr. BENTSEN
SEPTEMBER 16, 1996
Committed to the Committee of the Whole House on the State of the Union
and ordered to be printed
A BILL
To make technical and clarifying amendments to recently
enacted provisions relating to titles II and XVI of the
Social Security Act and to provide for a temporary exten-
sion of demonstration project authority in the Social
Security Administration.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Social Security Mis-
cellaneous Amendments Act of 1996’’.
SEC. 2. TECHNICAL AMENDMENTS RELATING TO DRUG AD-
DICTS AND ALCOHOLICS.
(a) CLARIFICATIONS RELATING TO THE EFFECTIVE
DATE OF THE DENIAL OF DISABILITY BENEFITS TO
DRUG ADDICTS AND ALCOHOLICS.—
(1) AMENDMENTS
RELATING
TO
DISABILITY
BENEFITS UNDER TITLE II.—Section 105(a)(5) of
the Contract with America Advancement Act of
1996 (Public Law 104–121; 110 Stat. 853) is
amended—
(A) in subparagraph (A), by striking ‘‘by
the Commissioner of Social Security’’ and ‘‘by
the Commissioner’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(D) For purposes of this paragraph, an
individual’s claim, with respect to benefits
under title II of the Social Security Act based
on disability, which has been denied in whole
before the date of the enactment of this Act,
may not be considered to be finally adjudicated
before such date if, on or after such date—
‘‘(i) there is pending a request for ei-
ther administrative or judicial review with
respect to such claim, or
‘‘(ii) there is pending, with respect to
such claim, a readjudication by the Com-
missioner of Social Security pursuant to
relief in a class action or implementation
by the Commissioner of a court remand
order.’’.
(2) AMENDMENTS
RELATING
TO
SUPPLE-
MENTAL
SECURITY
INCOME
DISABILITY
BENEFITS
UNDER TITLE XVI.—Section 105(b)(5) of such Act
(Public Law 104–121; 110 Stat. 853) is amended—
(A) in subparagraph (A), by striking ‘‘by
the Commissioner of Social Security’’ and ‘‘by
the Commissioner’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(D) For purposes of this paragraph, an
individual’s claim, with respect to supplemental
security income benefits under title XVI of the
Social Security Act based on disability, which
has been denied in whole before the date of the
enactment of this Act, may not be considered to
be finally adjudicated before such date if, on or
after such date—
‘‘(i) there is pending a request for ei-
ther administrative or judicial review with
respect to such claim, or
‘‘(ii) there is pending, with respect to
such claim, a readjudication by the Com-
missioner of Social Security pursuant to
relief in a class action or implementation
by the Commissioner of a court remand
order.’’.
(b) CORRECTIONS TO EFFECTIVE DATE OF PROVI-
SIONS
CONCERNING
REPRESENTATIVE
PAYEES
AND
TREATMENT REFERRALS OF DRUG ADDICTS AND ALCO-
HOLICS.—
(1) AMENDMENTS RELATING TO TITLE II DIS-
ABILITY
BENEFICIARIES.—Section 105(a)(5)(B) of
such Act (Public Law 104–121; 110 Stat. 853) is
amended to read as follows:
‘‘(B) The amendments made by para-
graphs (2) and (3) shall take effect on July 1,
1996, with respect to any individual—
‘‘(i) whose claim for benefits is finally
adjudicated on or after the date of the en-
actment of this Act, or
‘‘(ii) whose entitlement to benefits is
based upon an entitlement redetermination
made pursuant to subparagraph (C).’’.
(2) AMENDMENTS
RELATING
TO
SUPPLE-
MENTAL
SECURITY
INCOME
RECIPIENTS.—Section
105(b)(5)(B) of such Act (Public Law 104–121; 110
Stat. 853) is amended to read as follows:
‘‘(B) The amendments made by para-
graphs (2) and (3) shall take effect on July 1,
1996, with respect to any individual—
‘‘(i) whose claim for benefits is finally
adjudicated on or after the date of the en-
actment of this Act, or
‘‘(ii) whose eligibility for benefits is
based upon an eligibility redetermination
made pursuant to subparagraph (C).’’.
(c) REPEAL OF OBSOLETE REPORTING REQUIRE-
MENTS.—Subsections (a)(3)(B) and (b)(3)(B)(ii) of sec-
tion 201 of the Social Security Independence and Program
Improvements Act of 1994 (Public Law 103–296; 108
Stat. 1497, 1504) are repealed.
(d) EFFECTIVE DATES.—
(1) The amendments made by subsections (a)
and (b) shall be effective as though they had been
included in the enactment of section 105 of the Con-
tract with America Advancement Act of 1996 (Pub-
lic Law 104–121; 110 Stat. 852 et seq.).
(2) The repeals made by subsection (c) shall
take effect on the date of the enactment of this Act.
SEC. 3. CLARIFICATION REGARDING REVIEW OF DETER-
MINATIONS BY STATE DISABILITY DETER-
MINATION SERVICES.
Section 221(d) of the Social Security Act (42 U.S.C.
421(d)) is amended—
(1) by inserting ‘‘(1)’’ after ‘‘(d)’’; and
(2) by adding at the end the following new
paragraph:
‘‘(2) No determination under this section shall be re-
viewed by any person, tribunal, or governmental agency,
except as provided in paragraph (1).’’.
SEC. 4. EXTENSION OF DISABILITY INSURANCE PROGRAM
DEMONSTRATION PROJECT AUTHORITY.
(a) IN GENERAL.—Section 505 of the Social Security
Disability Amendments of 1980 (Public Law 96–265; 94
Stat. 473), as amended by section 12101 of the Consoli-
dated Omnibus Budget Reconciliation Act of 1985 (Public
Law 99–272; 100 Stat. 282), section 10103 of the Omni-
bus Budget Reconciliation Act of 1989 (Public Law 101–
239; 103 Stat. 2472), section 5120(f) of the Omnibus
Budget Reconciliation Act of 1990 (Public Law 101–508;
104 Stat. 1388–282), and section 315 of the Social Secu-
rity Independence and Program Improvements Act of
1994 (Public Law 103–296; 108 Stat. 1531), is further
amended—
(1) in paragraph (1) of subsection (a), by add-
ing at the end the following new sentence: ‘‘The
Commissioner may expand the scope of any such ex-
periment or demonstration project to include any
group of applicants for benefits under such program
with impairments which may reasonably be pre-
sumed to be disabling for purposes of such experi-
ment or demonstration project, and may limit any
such experiment or demonstration project to any
such group of applicants, subject to the terms of
such experiment or demonstration project which
shall define the extent of any such presumption.’’;
(2) in paragraph (3) of subsection (a), by strik-
ing ‘‘June 10, 1996’’ and inserting ‘‘June 10,
1997’’;
(3) in paragraph (4) of subsection (a), by in-
serting ‘‘and on or before October 1, 1996,’’ after
‘‘1995,’’; and
(4) in subsection (c), by striking ‘‘October 1,
1996’’ and inserting ‘‘October 1, 1997’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 5. PERFECTING AMENDMENTS RELATED TO WITH-
HOLDING FROM SOCIAL SECURITY BENEFITS.
(a) INAPPLICABILITY
OF
ASSIGNMENT
PROHIBI-
TION.—Section 207 of the Social Security Act (42 U.S.C.
407) is amended by adding at the end the following new
subsection:
‘‘(c) Nothing in this section shall be construed to pro-
hibit withholding taxes from any benefit under this title,
if such withholding is done pursuant to a request made
in accordance with section 3402(p)(1) of the Internal Rev-
enue Code of 1986 by the person entitled to such benefit.’’.
(b) PROPER ALLOCATION OF COSTS OF WITHHOLD-
ING BETWEEN THE TRUST FUNDS AND THE GENERAL
FUND.—Section 201(g) of such Act (42 U.S.C. 401(g))
is amended—
(1) by inserting before the period in paragraph
(1)(A)(ii) the following: ‘‘and the functions of the
Social Security Administration in connection with
the withholding of taxes from benefits, as described