[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4039 Introduced in House (IH)]







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 extension of demonstration project authority 
                 in the Social Security Administration.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Social Security Miscellaneous 
Amendments Act of 1996''.

SEC. 2. TECHNICAL AMENDMENTS RELATING TO DRUG ADDICTS 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 either 
                        administrative or judicial review with respect 
                        to such claim, or
                            ``(ii) there is pending, with respect to 
                        such claim, a readjudication by the 
                        Commissioner of Social Security pursuant to 
                        relief in a class action or implementation by 
                        the Commissioner of a court remand order.''.
            (2) Amendments relating to supplemental 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 either 
                        administrative or judicial review with respect 
                        to such claim, or
                            ``(ii) there is pending, with respect to 
                        such claim, a readjudication by the 
                        Commissioner 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 Provisions concerning 
Representative Payees and Treatment Referrals of Drug Addicts and 
Alcoholics.--
            (1) Amendments relating to title ii disability 
        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 paragraphs (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 
                        enactment of this Act, or
                            ``(ii) whose entitlement to benefits is 
                        based upon an entitlement redetermination made 
                        pursuant to subparagraph (C).''.
            (2) Amendments relating to supplemental 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 paragraphs (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 
                        enactment 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 Requirements.--Subsections 
(a)(3)(B) and (b)(3)(B)(ii) of section 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 Contract with America Advancement Act of 
        1996 (Public 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 DETERMINATIONS BY STATE 
              DISABILITY DETERMINATION 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 reviewed 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 Consolidated Omnibus Budget Reconciliation Act of 
1985 (Public Law 99-272; 100 Stat. 282), section 10103 of the Omnibus 
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 
Security 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 striking 
        ``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 experiment or demonstration project to 
        include any group of applicants for benefits under such program 
        with impairments which may reasonably be presumed to be 
        disabling for purposes of such experiment 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 striking 
        ``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 striking 
        ``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 ``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 enactment of this Act.

SEC. 5. PERFECTING AMENDMENTS RELATED TO WITHHOLDING FROM SOCIAL 
              SECURITY BENEFITS.

    (a) Inapplicability of Assignment Prohibition.--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 prohibit 
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 Revenue Code of 1986 by the person 
entitled to such benefit.''.
    (b) Proper Allocation of Costs of Withholding 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 described in section 207(c), pursuant 
        to requests by persons entitled to such benefits'';
            (3) in paragraph (1)(B)(i)(I), by striking ``subparagraph 
        (A)),'' and inserting ``subparagraph (A)) 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,'';
            (4) in paragraph (1)(C)((iii), by inserting before the 
        period 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'';
            (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 described 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 Social Security 
        Act (42 U.S.C. 402(x)(3)) is amended--
                    (A) by inserting ``(A)'' after ``(3)''; and
                    (B) by adding at the end the following new 
                subparagraph:
    ``(B)(i) The Commissioner shall enter into an agreement, with any 
interested State or local institution comprising a jail, prison, penal 
institution, correctional facility, or other institution a purpose of 
which is to confine individuals as described in paragraph (1)(A), under 
which--
            ``(I) the institution shall provide to the Commissioner, on 
        a monthly basis and in a manner specified by the Commissioner, 
        the names, social security account numbers, dates of birth, 
        confinement commencement dates, and, to the extent available to 
        the institution, such other identifying information concerning 
        the individuals confined in the institution as the Commissioner 
        may require for the purpose of carrying out paragraph (1); and
            ``(II) except as provided in clause (ii), the Commissioner 
        shall pay to the institution, with respect to information 
        described in subclause (I) concerning each individual who is 
        confined therein as described in paragraph (1)(A), to whom a 
        benefit under this title is payable for the month preceding the 
        first month of such confinement, and whose benefit under this 
        title ceases to be payable as a result of the application of 
        this subsection, $400 (subject to reduction under clause (iii)) 
        if the institution furnishes the information to the 
        Commissioner within 30 days after the date such individual's 
        confinement in such institution begins, or $200 (subject to 
        reduction under clause (iii)) if the institution furnishes the 
        information 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 Commissioner has determined that benefits under this 
title are no longer payable to such individual as a result of the 
application 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 
Commissioner 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 Emergency 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 program 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 Responsibility and Work Opportunity 
        Reconciliation Act of 1996.
    (b) Elimination of Title II Requirement That Confinement Stem From 
Crime Punishable by Imprisonment 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 imposed)'' and 
                inserting ``a criminal offense''; and
                    (C) in clause (ii)(I), by striking ``an offense 
                punishable by imprisonment for more than 1 year'' and 
                inserting ``a criminal offense''.
            (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 Responsibility and 
        Work Opportunity Reconciliation Act of 1996 (Public Law 104-
        193) is amended--
                    (A) in subparagraph (A), by striking ``section 
                1611(e)(1)'' and inserting ``sections 202(x) and 
                1611(e)(1)''; and
                    (B) in subparagraph (B), by striking ``section 
                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 Opportunity 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 following 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 Commissioner has determined that the inmate is no longer an 
eligible 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 following 
                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 institutions 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 Personal Responsibility and Work Opportunity Reconciliation 
        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 
        correctional facility, or with any other interested State or 
        local institution a purpose of which is to confine individuals 
        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''.
            (5) Effective date.--The amendments made by this subsection 
        shall apply as if included in the enactment of section 203(a) 
        of the Personal Responsibility and Work Opportunity 
        Reconciliation Act of 1996 (Public Law 104-193). The reference 
        to section 202(x)(1)(A)(ii) of the Social Security Act in 
        section 1611(e)(1)(I)(i) of such Act as amended by paragraph 
        (3) shall be deemed a reference to such section 
        202(x)(1)(A)(ii) as amended by subsection (b)(1)(C).
    (e) Exemption From Computer Matching Requirements.--
            (1) In general.--Section 552a(a)(8)(B) of title 5, United 
        States Code, is amended--
                    (A) by striking ``or'' at the end of clause (vi);
                    (B) by adding ``or'' at the end of clause (vii); 
                and
                    (C) by inserting after clause (vii) the following 
                new clause:
                            ``(viii) matches performed pursuant to 
                        section 202(x) or 1611(e)(1) of the Social 
                        Security Act;''.
            (2) Conforming amendment.--Section 1611(e)(1)(I)(iv) of the 
        Social Security Act (as added by section 203(a)(1) of the 
        Personal Responsibility and Work Opportunity Reconciliation Act 
        of 1996 (Public Law 104-193) and redesignated by subsection 
        (b)(1)) is amended further by striking ``(I) The Commissioner'' 
        and all that follows through ``(II) The Commissioner'' and 
        inserting ``The Commissioner''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the date of the enactment of this Act.
                                 <all>