I
104TH CONGRESS
2D SESSION
H. R. 4039
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
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 strik-
ing ‘‘Secretary of Health and Human Services’’ and
inserting ‘‘Commissioner of Social Security’’, and by
adding 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 ‘‘Secretary’’ each place it appears and inserting
‘‘Commissioner’’, and by striking ‘‘June 10, 1996’’
and inserting ‘‘June 10, 1997’’;
(3) in paragraph (4) of subsection (a), by strik-
ing ‘‘Secretary’’ each place it appears and inserting
‘‘Commissioner’’, and by inserting ‘‘and on or before
October 1, 1996,’’ after ‘‘1995,’’; and
(4) in subsection (c), by striking ‘‘Secretary’’
and inserting ‘‘Commissioner’’, and by striking ‘‘Oc-
tober 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
in section 207(c), pursuant to requests by persons
entitled to such benefits’’;
(2) by inserting before the period at the end of
paragraph (1)(A) the following: ‘‘and the functions
of the Social Security Administration in connection
with the withholding of taxes from benefits, as de-
scribed in section 207(c), pursuant to requests by
persons entitled to such benefits’’;
(3) in paragraph (1)(B)(i)(I), by striking ‘‘sub-
paragraph (A)),’’ and inserting ‘‘subparagraph (A))
and the functions of the Social Security Administra-
tion in connection with the withholding of taxes from
benefits, as described in section 207(c), pursuant to
requests by persons entitled to such benefits,’’;
(4) in paragraph (1)(C)((iii), by inserting be-
fore the period the following: ‘‘and the functions of
the Social Security Administration in connection
with the withholding of taxes from benefits, as de-
scribed in section 207(c), pursuant to requests by
persons entitled to such benefits’’;
(5) in paragraph (1)(D), by inserting after
‘‘section 232’’ the following: ‘‘and the functions of
the Social Security Administration in connection
with the withholding of taxes from benefits as de-
scribed in section 207(c)’’; and
(6) in paragraph (4), by inserting after the first
sentence the following: ‘‘The Boards of Trustees of
such Trust Funds shall prescribe before January 1,
1997, the method of determining the costs which
should be borne by the general fund in the Treasury
of carrying out the functions of the Social Security
Administration in connection with the withholding of
taxes from benefits, as described in section 207(c),
pursuant to requests by persons entitled to such
benefits.’’.
SEC. 6. TREATMENT OF PRISONERS.
(a) IMPLEMENTATION
OF PROHIBITION AGAINST
PAYMENT OF TITLE II BENEFITS TO PRISONERS.—
(1) IN GENERAL.—Section 202(x)(3) of the So-
cial Security Act (42 U.S.C. 402(x)(3)) is amend-
ed—
(A) by inserting ‘‘(A)’’ after ‘‘(3)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(B)(i) The Commissioner shall enter into an agree-
ment, with any interested State or local institution com-
prising a jail, prison, penal institution, correctional facil-
ity, or other institution a purpose of which is to confine
formation after 30 days after such date but within
90 days after such date.
‘‘(ii) No amount shall be payable to an institution
with respect to information concerning an individual under
an agreement entered into under clause (i) if, prior to the
Commissioner’s receipt of the information, the Commis-
sioner has determined that benefits under this title are
no longer payable to such individual as a result of the ap-
plication of this subsection.
‘‘(iii) The dollar amounts specified in clause (i)(II)
shall be reduced by 50 percent if the Commissioner is also
required to make a payment to the institution with respect
to the same individual under an agreement entered into
under section 1611(e)(1)(I).
‘‘(iv) There shall be transferred from the Federal
Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund, as appropriate,
such sums as may be necessary to enable the Commis-
sioner to make payments to institutions required by clause
(i)(II). Sums so transferred shall be treated as direct
spending for purposes of the Balanced Budget and Emer-
gency Deficit Control Act of 1985.
‘‘(v) The Commissioner is authorized to provide, on
a reimbursable basis, information obtained pursuant to
agreements entered into under clause (i) to any Federal
or federally assisted cash, food, or medical assistance pro-
gram for eligibility purposes.’’.
(2) EFFECTIVE DATE.—The amendments made
by this subsection shall apply as if included in the
enactment of section 203(a) of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of
1996.
(b) ELIMINATION OF TITLE II REQUIREMENT THAT
CONFINEMENT STEM FROM CRIME PUNISHABLE BY IM-
PRISONMENT FOR MORE THAN 1 YEAR.—
(1) IN GENERAL.—Section 202(x)(1)(A) of such
Act (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 ‘‘an offense
punishable by imprisonment for more than 1
year (regardless of the actual sentence im-
posed)’’ and inserting ‘‘a criminal offense’’; 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 after February 1997.
(c) INCLUSION OF TITLE II ISSUES IN STUDY AND
REPORT REQUIREMENTS RELATING TO PRISONERS.—
(1) Section 203(b)(1) of the Personal Respon-
sibility and Work Opportunity Reconciliation Act of
1996 (Public Law 104–193) is amended—
(A) in subparagraph (A), by striking ‘‘sec-
tion 1611(e)(1)’’ and inserting ‘‘sections 202(x)
and 1611(e)(1)’’; and
(B) in subparagraph (B), by striking ‘‘sec-
tion 1611(e)(1)(I)’’ and inserting ‘‘section
202(x)(3)(B) or 1611(e)(1)(I)’’.
(2) Section 203(c) of such Act is amended by
striking ‘‘section 1611(e)(1)(I)’’ and all that follows
and inserting the following: ‘‘sections 202(x)(3)(B)
and 1611(e)(1)(I) of the Social Security Act.’’.
(3) The amendments made by paragraph (1)
shall apply as if included in the enactment of section
203(b) of the Personal Responsibility and Work Op-
portunity Reconciliation Act of 1996 (Public Law
104–193). The amendments made by paragraph (2)
shall apply as if included in the enactment of section
203(c) of such Act.
(d) CONFORMING TITLE XVI AMENDMENTS.—
(1) PRECLUSION OF TITLE XVI PAYMENT WHEN
INFORMATION
FURNISHED
BY
AN
INSTITUTION
IS
ALREADY KNOWN BY THE COMMISSIONER.—Section
1611(e)(1)(I) of such Act (as added by section
203(a)(1) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law
104–193)) is amended—
(A) in clause (i)(II), by inserting ‘‘except
as provided in clause (ii),’’ after ‘‘(II)’’;
(B) by redesignating clauses (ii) and (iii)
as clauses (iv) and (v), respectively; and
(C) by inserting after clause (i) the follow-
ing new clause:
‘‘(ii) No amount shall be payable to an institution
with respect to information concerning an inmate under
an agreement entered into under clause (i) if, prior to the
Commissioner’s receipt of the information, the Commis-
sioner has determined that the inmate is no longer an eli-
gible individual or eligible spouse for purposes of this title
as a result of the application of this paragraph.’’.
(2) FIFTY PERCENT REDUCTION IN TITLE XVI
PAYMENT IN CASE INVOLVING COMPARABLE TITLE II
PAYMENT.—Section 1611(e)(1)(I) of such Act (as
amended by paragraph (1)) is amended further—
(A) in clause (i)(II), by inserting ‘‘(subject
to reduction under clause (iii))’’ after ‘‘$400’’
and after ‘‘$200’’; and
(B) by inserting after clause (ii) the follow-
ing new clause:
‘‘(iii) The dollar amounts specified in clause (i)(II)
shall be reduced by 50 percent if the Commissioner is also
required to make a payment to the institution with respect
to the same individual under an agreement entered into
under section 202(x)(3)(B).’’.
(3) EXPANSION OF CATEGORIES OF INSTITU-
TIONS ELIGIBLE TO ENTER INTO AGREEMENTS WITH
THE
COMMISSIONER.—Section 1611(e)(1)(I)(i) of
such Act (as added by section 203(a)(1) of the Per-
sonal Responsibility and Work Opportunity Rec-
onciliation Act of 1996 (Public Law 104–193)) is
amended in the matter preceding subclause (I) by
striking ‘‘institution’’ and all that follows through
‘‘section 202(x)(1)(A),’’ and inserting ‘‘institution
comprising a jail, prison, penal institution, or correc-
tional facility, or with any other interested State or
local institution a purpose of which is to confine in-
dividuals as described in section 202(x)(1)(A)(ii),’’.
(4) 
TECHNICAL
CORRECTION.—Section
1611(e)(1)(I)(i)(II) of such Act (as amended by the
preceding provisions of this subsection) is amended
further by striking ‘‘subparagraph’’ and inserting
‘‘paragraph’’.