[Congressional Record Volume 142, Number 128 (Tuesday, September 17, 1996)]
[House]
[Pages H10478-H10480]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          SOCIAL SECURITY MISCELLANEOUS AMENDMENTS ACT OF 1996

  Mr. BUNNING of Kentucky. Mr. Speaker, I move to suspend the rules and 
pass the bill (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, 
as amended.
  The Clerk read as follows:

                               H.R. 4039

       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 adding at the 
     end the following new sentence: ``The Commissioner may expand 
     the

[[Page H10479]]

     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 ``June 
     10, 1996'' and inserting ``June 10, 1997'';
       (3) in paragraph (4) of subsection (a), by inserting ``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 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 and 
     excluded from budget totals in accordance with section 13301 
     of the Budget Enforcement Act of 1990.
       ``(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 amendment 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 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)) 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

[[Page H10480]]

     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) Limitation on categories of inmates with respect to 
     whom payment may be made.--Section 1611(e)(1)(I)(i)(II) 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 by striking ``inmate of 
     the institution'' and all that follows through ``in such 
     institution and'' and inserting ``individual who is eligible 
     for a benefit under this title for the month preceding the 
     first month throughout which the individual is an inmate of 
     the jail, prison, penal institution, or correctional 
     facility, or is confined in the institution as described in 
     section 202(x)(1)(A)(ii), and who''.
       (5) 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''.
       (6) 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 
     references 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 
     paragraphs (3) and (4) 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 (d)(1)(B)) is amended further by striking ``(I) 
     The provisions'' 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.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Kentucky [Mr. Bunning] and the gentleman from Virginia [Mr. Payne] each 
will control 20 minutes.
  The Chair recognizes the gentleman from Kentucky [Mr. Bunning].

                          ____________________