799
ceed an amount equal to the State family
assistance grant.
(ii) UNDER TEMPORARY FAMILY AS-
SISTANCE
PROGRAM.—Notwithstanding
section 403(a)(1) of the Social Security
Act (as in effect pursuant to the amend-
ments made by section 4103(a) of this
Act), the total obligations of the Federal
Government to a State under such section
403(a)(1)—
(I) for fiscal year 1996, shall be
an amount equal to—
(aa) the State family assist-
ance grant; multiplied by
(bb) 1⁄366 of the number of
days during the period that be-
gins on the date the Secretary of
Health and Human Services first
receives from the State a plan
described in section 402(a) of the
Social Security Act (as added by
the amendment made by section
4103(a)(1) of this Act) and ends
on September 30, 1996; and
800
(II) for fiscal year 1997, shall be
an amount equal to the lesser of—
(aa) the amount (if any) by
which the State family assistance
grant exceeds the total obliga-
tions of the Federal Government
to the State under part A of title
IV of the Social Security Act (as
in effect on September 30, 1995)
with respect to expenditures in
fiscal year 1997; or
(bb) the State family assist-
ance grant, multiplied by 1⁄365 of
the number of days during the
period that begins on October 1,
1996, or the date the Secretary
of Health and Human Services
first receives from the State a
plan described in section 402(a)
of the Social Security Act (as
added by the amendment made
by section 4103(a)(1) of this
Act), whichever is later, and ends
on September 30, 1997.
801
(iii) CHILD
CARE
OBLIGATIONS
EX-
CLUDED IN DETERMINING FEDERAL AFDC
OBLIGATIONS.—As used in this subpara-
graph, the term ‘‘obligations of the Federal
Government to the State under part A of
title IV of the Social Security Act’’ does
not include any obligation of the Federal
Government with respect to child care ex-
penditures by the State.
(C) SUBMISSION OF STATE PLAN FOR FIS-
CAL YEAR 1996 OR 1997 DEEMED ACCEPTANCE
OF
GRANT
LIMITATIONS
AND
FORMULA
AND
TERMINATION
OF
AFDC
ENTITLEMENT.—The
submission of a plan by a State pursuant to
subparagraph (A) is deemed to constitute—
(i) the State’s acceptance of the grant
reductions under subparagraph (B) (in-
cluding the formula for computing the
amount of the reduction); and
(ii) the termination of any entitlement
of any individual or family to benefits or
services under the State AFDC program.
(D) DEFINITIONS.—As used in this para-
graph:
802
(i) STATE AFDC PROGRAM.—The term
‘‘State AFDC program’’ means the State
program under parts A and F of title IV
of the Social Security Act (as in effect on
September 30, 1995).
(ii) STATE.—The term ‘‘State’’ means
the 50 States and the District of Colum-
bia.
(iii) 
STATE
FAMILY
ASSISTANCE
GRANT.—The term ‘‘State family assist-
ance grant’’ means the State family assist-
ance 
grant 
(as 
defined 
in 
section
403(a)(1)(B) of the Social Security Act, as
added by the amendment made by section
4103(a)(1) of this Act).
(2) CLAIMS, ACTIONS, AND
PROCEEDINGS.—
The amendments made by this subtitle shall not
apply with respect to—
(A) powers, duties, functions, rights,
claims, penalties, or obligations applicable to
aid, assistance, or services provided before the
effective date of this subtitle under the provi-
sions amended; and
(B) administrative actions and proceedings
commenced before such date, or authorized be-
803
fore such date to be commenced, under such
provisions.
(3) CLOSING OUT ACCOUNT FOR THOSE PRO-
GRAMS TERMINATED OR SUBSTANTIALLY MODIFIED
BY THIS SUBTITLE.—In closing out accounts, Fed-
eral and State officials may use scientifically accept-
able statistical sampling techniques. Claims made
with respect to State expenditures under a State
plan approved under part A of title IV of the Social
Security Act (as in effect on September 30, 1995)
with respect to assistance or services provided on or
before September 30, 1995, shall be treated as
claims with respect to expenditures during fiscal
year 1995 for purposes of reimbursement even if
payment was made by a State on or after October
1, 1995. Each State shall complete the filing of all
claims under the State plan (as so in effect) within
2 years after the date of the enactment of this Act.
The head of each Federal department shall—
(A) use the single audit procedure to re-
view and resolve any claims in connection with
the close out of programs under such State
plans; and
(B) reimburse States for any payments
made for assistance or services provided during
805
family shall be entitled to any benefits or services under
any State plan approved under part A or F of title IV
of the Social Security Act (as in effect on September 30,
1995).
Subtitle B—Supplemental Security
Income
SEC. 4200. REFERENCE TO SOCIAL SECURITY ACT.
Except as otherwise specifically provided, wherever in
this subtitle an amendment is expressed in terms of an
amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that sec-
tion or other provision of the Social Security Act.
CHAPTER 1—ELIGIBILITY RESTRICTIONS
SEC. 4201. DENIAL OF SSI BENEFITS FOR 10 YEARS TO INDI-
VIDUALS FOUND TO HAVE FRAUDULENTLY
MISREPRESENTED RESIDENCE IN ORDER TO
OBTAIN BENEFITS SIMULTANEOUSLY IN 2 OR
MORE STATES.
(a) IN
GENERAL.—Section 1611(e) (42 U.S.C.
1382(e)), as amended by section 105(b)(4) of the Contract
with America Advancement Act of 1996, is amended by
redesignating paragraph (5) as paragraph (3) and by add-
ing at the end the following new paragraph:
‘‘(4)(A) No person shall be considered an eligible in-
dividual or eligible spouse for purposes of this title during
806
the 10-year period that begins on the date the person is
convicted in Federal or State court of having made a
fraudulent statement or representation with respect to the
place of residence of the person in order to receive assist-
ance simultaneously from 2 or more States under pro-
grams that are funded under title IV, title XV, title XIX,
or the Food Stamp Act of 1977, or benefits in 2 or more
States under the supplemental security income program
under this title.
‘‘(B) As soon as practicable after the conviction of
a person in a Federal or State court as described in sub-
paragraph (A), an official of such court shall notify the
Commissioner of such conviction.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 4202. DENIAL OF SSI BENEFITS FOR FUGITIVE FELONS
AND PROBATION AND PAROLE VIOLATORS.
(a) IN
GENERAL.—Section 1611(e) (42 U.S.C.
1382(e)), as amended by section 4201(a) of this Act, is
amended by adding at the end the following new para-
graph:
‘‘(5) No person shall be considered an eligible individ-
ual or eligible spouse for purposes of this title with respect
to any month if during such month the person is—
807
‘‘(A) fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the
place from which the person flees, for a crime, or an
attempt to commit a crime, which is a felony under
the laws of the place from which the person flees, or
which, in the case of the State of New Jersey, is a
high misdemeanor under the laws of such State; or
‘‘(B) violating a condition of probation or pa-
role imposed under Federal or State law.’’.
(b) EXCHANGE OF INFORMATION.—Section 1611(e)
(42 U.S.C. 1382(e)), as amended by section 4201(a) of
this Act and subsection (a) of this section, is amended by
adding at the end the following new paragraph:
‘‘(6) Notwithstanding any other provision of law
(other than section 6103 of the Internal Revenue Code
of 1986), the Commissioner shall furnish any Federal,
State, or local law enforcement officer, upon the written
request of the officer, with the current address, Social Se-
curity number, and photograph (if applicable) of any re-
cipient of benefits under this title, if the officer furnishes
the Commissioner with the name of the recipient, and
other identifying information as reasonably required by
the Commissioner to establish the unique identity of the
recipient, and notifies the Commissioner that—
‘‘(A) the recipient—
808
‘‘(i) is described in subparagraph (A) or
(B) of paragraph (5); or
‘‘(ii) has information that is necessary for
the officer to conduct the officer’s official du-
ties; and
‘‘(B) the location or apprehension of the recipi-
ent is within the officer’s official duties.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 4203. TREATMENT OF PRISONERS.
(a) IMPLEMENTATION
OF PROHIBITION AGAINST
PAYMENT OF BENEFITS TO PRISONERS.—
(1) IN
GENERAL.—Section 1611(e)(1) (42
U.S.C. 1382(e)(1)) is amended by adding at the end
the following new subparagraph:
‘‘(I)(i) The Commissioner shall enter into a contract,
with any interested State or local institution referred to
in subparagraph (A), under which—
‘‘(I) the institution shall provide to the Com-
missioner, on a monthly basis, the names, social se-
curity account numbers, dates of birth, and such
other identifying information concerning the inmates
of the institution as the Commissioner may require
for the purpose of carrying out paragraph (1); and
809
‘‘(II) the Commissioner shall pay to any such
institution, with respect to each inmate of the insti-
tution who is eligible for a benefit under this title for
the month preceding the first month throughout
which such inmate is in such institution and be-
comes ineligible for such benefit (or becomes eligible
only for a benefit payable at a reduced rate) as a re-
sult of the application of this paragraph, an amount
not to exceed $400 if the institution furnishes the
information described in subclause (I) to the Com-
missioner within 30 days after such individual be-
comes an inmate of such institution, or an amount
not to exceed $200 if the institution furnishes such
information after 30 days after such date but within
90 days after such date.
‘‘(ii) The provisions of section 552a of title 5, United
States Code, shall not apply to any contract entered into
under clause (i) or to information exchanged pursuant to
such contract.’’.
(2) CONFORMING
OASDI
AMENDMENTS.—Sec-
tion 202(x)(3) (42 U.S.C. 402(x)(3)) is amended—
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(B) by adding at the end the following new
subparagraph:
810
‘‘(B)(i) The Commissioner shall enter into a contract,
with any interested State or local institution described in
clause (i) or (ii) of paragraph (1)(A) the primary purpose
of which is to confine individuals as described in para-
graph (1)(A), under which—
‘‘(I) the institution shall provide to the Com-
missioner, on a monthly basis, the names, social se-
curity account numbers, dates of birth, and such
other identifying information concerning the individ-
uals confined in the institution as the Commissioner
may require for the purpose of carrying out para-
graph (1); and
‘‘(II) the Commissioner shall pay to any such
institution, with respect to each individual who is en-
titled to a benefit under this title for the month pre-
ceding the first month throughout which such indi-
vidual is confined in such institution as described in
paragraph (1)(A), an amount not to exceed $400 if
the institution furnishes the information described in
subclause (I) to the Commissioner within 30 days
after the date such individual’s confinement in such
institution begins, or an amount not to exceed $200
if the institution furnishes such information after 30
days after such date but within 90 days after such
date.
811
‘‘(ii) The provisions of section 552a of title 5, United
States Code, shall not apply to any contract entered into
under clause (i) or to information exchanged pursuant to
such contract.’’.
(b) DENIAL OF SSI BENEFITS FOR 10 YEARS TO A
PERSON FOUND TO HAVE FRAUDULENTLY OBTAINED
SSI BENEFITS WHILE IN PRISON.—
(1) IN
GENERAL.—Section 1611(e)(1) (42
U.S.C. 1382(e)(1)), as amended by subsection (a)(1)
of this section, is amended by adding at the end the
following new subparagraph:
‘‘(J) In any case in which the Commissioner of Social
Security finds that a person has made a fraudulent state-
ment or representation in order to obtain or to continue
to receive benefits under this title while being an inmate
in a penal institution, such person shall not be considered
an eligible individual or eligible spouse for any month end-
ing during the 10-year period beginning on the date on
which such person ceases being such an inmate.’’.
(2) EFFECTIVE DATE.—The amendment made
by this subsection shall apply with respect to state-
ments or representations made on or after the date
of the enactment of this Act.
812
(c) ELIMINATION OF OASDI REQUIREMENT THAT
CONFINEMENT STEM FROM CRIME PUNISHABLE BY IM-
PRISONMENT FOR MORE THAN 1 YEAR.—
(1) IN
GENERAL.—Section 202(x)(1)(A) (42
U.S.C. 402(x)(1)(A)) is amended—
(A) in the matter preceding clause (i), by
striking ‘‘during’’ and inserting ‘‘throughout’’;
(B) in clause (i), by striking ‘‘pursuant’’
and all that follows through ‘‘imposed)’’; and
(C) in clause (ii)(I), by striking ‘‘an of-
fense punishable by imprisonment for more
than 1 year’’ and inserting ‘‘a criminal of-
fense’’.
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall be effective with respect to
benefits payable for months beginning more than
180 days after the date of the enactment of this Act.
(d) STUDY OF OTHER POTENTIAL IMPROVEMENTS IN
THE COLLECTION OF INFORMATION RESPECTING PUBLIC
INMATES.—
(1) STUDY.—The Commissioner of Social Secu-
rity shall conduct a study of the desirability, feasibil-
ity, and cost of—
(A) establishing a system under which
Federal, State, and local courts would furnish
813
to the Commissioner such information respect-
ing court orders by which individuals are con-
fined in jails, prisons, or other public penal,
correctional, or medical facilities as the Com-
missioner may require for the purpose of carry-
ing out sections 202(x) and 1611(e)(1) of the
Social Security Act; and
(B) requiring that State and local jails,
prisons, and other institutions that enter into
contracts with the Commissioner under section
202(x)(3)(B) or 1611(e)(1)(I) of the Social Se-
curity Act furnish the information required by
such contracts to the Commissioner by means
of an electronic or other sophisticated data ex-
change system.
(2) REPORT.—Not later than 1 year after the
date of the enactment of this Act, the Commissioner
of Social Security shall submit a report on the re-
sults of the study conducted pursuant to this sub-
section to the Committee on Finance of the Senate
and the Committee on Ways and Means of the
House of Representatives.
814
SEC. 4204. EFFECTIVE DATE OF APPLICATION FOR BENE-
FITS.
(a) IN GENERAL.—Subparagraphs (A) and (B) of
section 1611(c)(7) (42 U.S.C. 1382(c)(7)) are amended
to read as follows:
‘‘(A) the first day of the month following the
date such application is filed, or
‘‘(B) the first day of the month following the
date such individual becomes eligible for such bene-
fits with respect to such application.’’.
(b) SPECIAL RULE RELATING TO EMERGENCY AD-
VANCE PAYMENTS.—Section 1631(a)(4)(A) (42 U.S.C.
1383(a)(4)(A)) is amended—
(1) by inserting ‘‘for the month following the
date the application is filed’’ after ‘‘is presumptively
eligible for such benefits’’; and
(2) by inserting ‘‘, which shall be repaid
through proportionate reductions in such benefits
over a period of not more than 6 months’’ before the
semicolon.
(c) CONFORMING AMENDMENTS.—
(1) Section 1614(b) (42 U.S.C. 1382c(b)) is
amended by striking ‘‘at the time the application or
request is filed’’ and inserting ‘‘on the first day of
the month following the date the application or re-
quest is filed’’.
815
(2) Section 1631(g)(3) (42 U.S.C. 1382j(g)(3))
is amended by inserting ‘‘following the month’’ after
‘‘beginning with the month’’.
(d) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
this section shall apply to applications for benefits
under title XVI of the Social Security Act filed on
or after the date of the enactment of this Act, with-
out regard to whether regulations have been issued
to implement such amendments.
(2) BENEFITS
UNDER
TITLE
XVI.—For pur-
poses of this subsection, the term ‘‘benefits under
title XVI of the Social Security Act’’ includes sup-
plementary payments pursuant to an agreement for
Federal administration under section 1616(a) of the
Social Security Act, and payments pursuant to an
agreement entered into under section 212(b) of Pub-
lic Law 93–66.
CHAPTER 2—BENEFITS FOR DISABLED
CHILDREN
SEC. 4211. DEFINITION AND ELIGIBILITY RULES.
(a) DEFINITION OF CHILDHOOD DISABILITY.—Sec-
tion 1614(a)(3) (42 U.S.C. 1382c(a)(3)), as amended by
section 105(b)(1) of the Contract with America Advance-
ment Act of 1996, is amended—
816
(1) in subparagraph (A), by striking ‘‘An indi-
vidual’’ and inserting ‘‘Except as provided in sub-
paragraph (C), an individual’’;
(2) in subparagraph (A), by striking ‘‘(or, in
the case of an individual under the age of 18, if he
suffers from any medically determinable physical or
mental impairment of comparable severity)’’;
(3) by redesignating subparagraphs (C) through
(I) as subparagraphs (D) through (J), respectively;
(4) by inserting after subparagraph (B) the fol-
lowing new subparagraph:
‘‘(C)(i) An individual under the age of 18 shall be
considered disabled for the purposes of this title if that
individual has a medically determinable physical or mental
impairment, which results in marked and severe functional
limitations, and which can be expected to result in death
or which has lasted or can be expected to last for a contin-
uous period of not less than 12 months.
‘‘(ii) The Commissioner shall ensure that the com-
bined effects of all physical or mental impairments of an
individual are taken into account in determining whether
an individual is disabled in accordance with clause (i).
‘‘(iii) The Commissioner shall ensure that the regula-
tions prescribed under this subparagraph provide for the
817
evaluation of children who cannot be tested because of
their young age.
‘‘(iv) Notwithstanding the preceding provisions of
this subparagraph, no individual under the age of 18 who
engages in substantial gainful activity (determined in ac-
cordance with regulations prescribed pursuant to subpara-
graph (E)) may be considered to be disabled.’’; and
(5) in subparagraph (F), as redesignated by
paragraph (3), by striking ‘‘(D)’’ and inserting
‘‘(E)’’.
(b) CHANGES TO CHILDHOOD SSI REGULATIONS.—
(1) MODIFICATION TO MEDICAL CRITERIA FOR
EVALUATION
OF
MENTAL
AND
EMOTIONAL
DIS-
ORDERS.—The Commissioner of Social Security
shall 
modify 
sections 
112.00C.2. 
and
112.02B.2.c.(2) of appendix 1 to subpart P of part
404 of title 20, Code of Federal Regulations, to
eliminate references to maladaptive behavior in the
domain of personal/behavorial function.
(2) 
DISCONTINUANCE
OF
INDIVIDUALIZED
FUNCTIONAL
ASSESSMENT.—The Commissioner of
Social Security shall discontinue the individualized
functional assessment for children set forth in sec-
tions 416.924d and 416.924e of title 20, Code of
Federal Regulations.
818
(c) MEDICAL IMPROVEMENT REVIEW STANDARD AS
IT APPLIES TO INDIVIDUALS UNDER THE AGE OF 18.—
Section 1614(a)(4) (42 U.S.C. 1382(a)(4)) is amended—
(1) by redesignating subclauses (I) and (II) of
clauses (i) and (ii) of subparagraph (B) as items
(aa) and (bb), respectively;
(2) by redesignating clauses (i) and (ii) of sub-
paragraphs (A) and (B) as subclauses (I) and (II),
respectively;
(3) by redesignating subparagraphs (A) through
(C) as clauses (i) through (iii), respectively;
(4) by inserting before clause (i) (as redesig-
nated by paragraph (3)) the following new subpara-
graph:
‘‘(A) in the case of an individual who is age 18
or older—’’;
(5) by inserting after and below subparagraph
(A)(iii) (as so redesignated) the following new sub-
paragraph:
‘‘(B) in the case of an individual who is under
the age of 18—
‘‘(i) 
substantial 
evidence 
which 
dem-
onstrates that there has been medical improve-
ment in the individual’s impairment or com-
bination of impairments, and that such impair-
819
ment or combination of impairments no longer
results in marked and severe functional limita-
tions; or
‘‘(ii) substantial evidence which dem-
onstrates that, as determined on the basis of
new or improved diagnostic techniques or eval-
uations, the individual’s impairment or com-
bination of impairments, is not as disabling as
it was considered to be at the time of the most
recent prior decision that the individual was
under a disability or continued to be under a
disability, and such impairment or combination
of impairments does not result in marked and
severe functional limitations; or’’;
(6) by redesignating subparagraph (D) as sub-
paragraph (C) and by inserting in such subpara-
graph ‘‘in the case of any individual,’’ before ‘‘sub-
stantial evidence’’; and
(7) in the first sentence following subparagraph
(C) (as redesignated by paragraph (6)), by—
(A) inserting ‘‘(i)’’ before ‘‘to restore’’; and
(B) inserting ‘‘, or (ii) in the case of an in-
dividual under the age of 18, to eliminate or
improve the individual’s impairment or com-
bination of impairments so that it no longer re-
820
sults in marked and severe functional limita-
tions’’ immediately before the period.
(d) EFFECTIVE DATE, ETC.—
(1) EFFECTIVE DATE.—The provisions of, and
amendments made by, this section shall apply to ap-
plications for benefits under title XVI of the Social
Security Act pending on, or filed on or after, the
date of the enactment of this Act, without regard to
whether regulations have been issued to implement
such provisions and amendments.
(2) APPLICATION TO CURRENT RECIPIENTS.—
(A) ELIGIBILITY
REDETERMINATIONS.—
During the period beginning on the date of the
enactment of this Act and ending on the date
which is 1 year after such date of enactment,
the Commissioner of Social Security shall rede-
termine the eligibility of any individual under
age 18 who is eligible for supplemental security
income benefits by reason of disability under
title XVI of the Social Security Act as of the
date of the enactment of this Act and whose eli-
gibility for such benefits may terminate by rea-
son of the provisions of, or amendments made
by, this section. With respect to any redeter-
mination under this subparagraph—
821
(i) section 1614(a)(4) of the Social
Security Act (42 U.S.C. 1382c(a)(4)) shall
not apply;
(ii) the Commissioner of Social Secu-
rity shall apply the eligibility criteria for
new applicants for benefits under title XVI
of such Act;
(iii) the Commissioner shall give such
redetermination priority over all continuing
eligibility reviews and other reviews under
such title; and
(iv) such redetermination shall be
counted as a review or redetermination
otherwise required to be made under sec-
tion 208 of the Social Security Independ-
ence and Program Improvements Act of
1994 or any other provision of title XVI of
the Social Security Act.
(B) GRANDFATHER PROVISION.—The pro-
visions of, and amendments made by, this sec-
tion, and the redetermination under subpara-
graph (A), shall only apply with respect to the
benefits of an individual described in subpara-
graph (A) for months beginning on or after the
822
date of the redetermination with respect to such
individual.
(C) NOTICE.—Not later than January 1,
1997, the Commissioner of Social Security shall
notify an individual described in subparagraph
(A) of the provisions of this paragraph.
(3) REPORT.—The Commissioner of Social Se-
curity shall report to the Congress regarding the
progress made in implementing the provisions of,
and amendments made by, this section on child dis-
ability evaluations not later than 180 days after the
date of the enactment of this Act.
(4) REGULATIONS.—Notwithstanding any other
provision of law, the Commissioner of Social Secu-
rity shall submit for review to the committees of ju-
risdiction in the Congress any final regulation per-
taining to the eligibility of individuals under age 18
for benefits under title XVI of the Social Security
Act at least 45 days before the effective date of such
regulation. The submission under this paragraph
shall include supporting documentation providing a
cost analysis, workload impact, and projections as to
how the regulation will effect the future number of
recipients under such title.
(5) APPROPRIATIONS.—
823
(A) IN GENERAL.—Out of any money in
the Treasury not otherwise appropriated, there
are authorized to be appropriated and are here-
by appropriated, to remain available without
fiscal year limitation, $200,000,000 for fiscal
year 1997, $75,000,000 for fiscal year 1998,
and $25,000,000 for fiscal year 1999, for the
Commissioner of Social Security to utilize only
for continuing disability reviews and redeter-
minations under title XVI of the Social Security
Act, with reviews and redeterminations for indi-
viduals affected by the provisions of subsection
(b) given highest priority.
(B) ADDITIONAL FUNDS.—Amounts appro-
priated under subparagraph (A) shall be in ad-
dition to any funds otherwise appropriated for
continuing disability reviews and redetermina-
tions under title XVI of the Social Security Act.
(6) BENEFITS
UNDER
TITLE
XVI.—For pur-
poses of this subsection, the term ‘‘benefits under
title XVI of the Social Security Act’’ includes sup-
plementary payments pursuant to an agreement for
Federal administration under section 1616(a) of the
Social Security Act, and payments pursuant to an