Home > 105th Congressional Bills > H.R. 1048 (ih) To make technical amendments relating to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. ...H.R. 1048 (ih) To make technical amendments relating to the Personal Responsibility and Work Opportunity Reconciliation Act of 1996. ...
disability review, whenever the Commissioner determines that an
individual's case is subject to a redetermination under this
clause.
With respect to any redetermination under this clause, paragraph (4)
shall not apply.''.
(2) Continuing disability review required for low birth
weight babies.--Section 1614(a)(3)(H)(iv) of the Social
Security Act (42 U.S.C. 1382c(a)(3)(H)(iv)) is amended--
(A) in subclause (I), by striking ``Not'' and
inserting ``Except as provided in subclause (VI),
not''; and
(B) by adding at the end the following:
``(VI) Subclause (I) shall not apply in the case of an individual
described in that subclause who, at the time of the individual's
initial disability determination, the Commissioner determines has an
impairment that is not expected to improve within 12 months after the
birth of that individual, and who the Commissioner schedules for a
continuing disability review at a date that is after the individual
attains 1 year of age.''.
(c) Additional Accountability Requirements.--Section 1631(a)(2)(F)
of the Social Security Act (42 U.S.C. 1383(a)(2)(F)) is amended--
(1) in clause (ii)(III)(bb), by striking ``the total
amount'' and all that follows through ``1613(c)'' and inserting
``in any case in which the individual knowingly misapplies
benefits from such an account, the Commissioner shall reduce
future benefits payable to such individual (or to such
individual and his spouse) by an amount equal to the total
amount of such benefits so misapplied''; and
(2) by striking clause (iii) and inserting the following:
``(iii) The representative payee may deposit into the account
established under clause (i) any other funds representing past due
benefits under this title to the eligible individual, provided that the
amount of such past due benefits is equal to or exceeds the maximum
monthly benefit payable under this title to an eligible individual
(including State supplementary payments made by the Commissioner
pursuant to an agreement under section 1616 or section 212(b) of Public
Law 93-66).''.
(d) Reduction in Cash Benefits Payable to Institutionalized
Individuals Whose Medical Costs Are Covered by Private Insurance.--
Section 1611(e) of the Social Security Act (42 U.S.C. 1382(e)) is
amended--
(1) in paragraph (1)(B)--
(A) in the matter preceding clause (i), by striking
``hospital, extended care facility, nursing home, or
intermediate care facility'' and inserting ``medical
treatment facility'';
(B) in clause (ii)--
(i) in the matter preceding subclause (I),
by striking ``hospital, home or''; and
(ii) in subclause (I), by striking
``hospital, home, or'';
(C) in clause (iii), by striking ``hospital, home,
or''; and
(D) in the matter following clause (iii), by
striking ``hospital, extended care facility, nursing
home, or intermediate care facility which is a `medical
institution or nursing facility' within the meaning of
section 1917(c)'' and inserting ``medical treatment
facility that provides services described in section
1917(c)(1)(C)'';
(2) in paragraph (1)(E)--
(A) in clause (i)(II), by striking ``hospital,
extended care facility, nursing home, or intermediate
care facility'' and inserting ``medical treatment
facility''; and
(B) in clause (iii), by striking ``hospital,
extended care facility, nursing home, or intermediate
care facility'' and inserting ``medical treatment
facility'';
(3) in paragraph (1)(G), in the matter preceding clause
(i)--
(A) by striking ``or which is a hospital, extended
care facility, nursing home, or intermediate care'' and
inserting ``or is in a medical treatment''; and
(B) by inserting ``or, in the case of an individual
who is a child under the age of 18, under any health
insurance policy issued by a private provider of such
insurance'' after ``title XIX''; and
(4) in paragraph (3)--
(A) by striking ``same hospital, home, or
facility'' and inserting ``same medical treatment
facility''; and
(B) by striking ``same such hospital, home, or
facility'' and inserting ``same such facility''.
(e) Correction of U.S.C. Citation.--Section 211(c) of the Personal
Responsibility and Work Opportunity Reconciliation Act of 1996 (Public
Law 104-193; 110 Stat. 2189) is amended by striking ``1382(a)(4)'' and
inserting ``1382c(a)(4)''.
SEC. 203. ADDITIONAL TECHNICAL AMENDMENTS TO TITLE II.
Title II of the Social Security Act (42 U.S.C. 401 et seq.) is
amended--
(1) in section 205(j)(4)(B)(i), by adding ``and'' at the
end; and
(2) in section 215(i)(2)(D), by striking ``He'' and
inserting ``The Commissioner of Social Security''.
SEC. 204. ADDITIONAL TECHNICAL AMENDMENTS TO TITLE XVI.
Section 1615(d) of the Social Security Act (42 U.S.C. 1382d(d)) is
amended--
(1) in the first sentence, by inserting a comma after
``subsection (a)(1)''; and
(2) in the last sentence, by striking ``him'' and inserting
``the Commissioner''.
SEC. 205. ADDITIONAL TECHNICAL AMENDMENTS RELATING TO TITLES II AND
XVI.
Section 1110(a)(3) of the Social Security Act (42 U.S.C.
1310(a)(3)) is amended--
(1) by inserting ``(or the Commissioner, with respect to
any jointly financed cooperative agreement or grant concerning
titles II or XVI)'' after ``Secretary'' the first place it
appears; and
(2) by inserting ``(or the Commissioner, as applicable)''
after ``Secretary'' the second place it appears.
SEC. 206. EFFECTIVE DATES.
(a) In General.--Except as provided in subsection (b), the
amendments made by this subtitle shall take effect as if included in
the enactment of title II of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.
2185).
(b) Exception.--The amendments made by section 205 shall take
effect as if included in the enactment of the Social Security
Independence and Program Improvements Act of 1994 (Public Law 103-296;
108 Stat. 1464).
Subtitle B--Additional Amendments
SEC. 211. 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
subparagraphs:
``(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.
``(E) Notwithstanding the provisions of this
paragraph, with respect to any individual for whom the
Commissioner of Social Security does not perform the
entitlement redetermination before the date prescribed
in subparagraph (C), the Commissioner shall perform
such entitlement redetermination in lieu of a
continuing disability review whenever the Commissioner
determines that the individual's entitlement is subject
to redetermination based on the preceding provisions of
this paragraph, and the provisions of section 223(f) of
the Social Security Act shall not apply to such
redetermination.''.
(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 redesignating subparagraph (D) as
subparagraph (F) and by inserting after subparagraph
(C) the following new subparagraphs:
``(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.
``(E) Notwithstanding the provisions of this
paragraph, with respect to any individual for whom the
Commissioner does not perform the eligibility
redetermination before the date prescribed in
subparagraph (C), the Commissioner shall perform such
eligibility redetermination in lieu of a continuing
disability review whenever the Commissioner determines
that the individual's eligibility is subject to
redetermination based on the preceding provisions of
this paragraph, and the provisions of section
1614(a)(4) of the Social Security Act shall not apply
to such redetermination.''.
(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) In general.--The amendments made by subsections (a) and
(b) shall take effect as if 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) Repeals.--The repeals made by subsection (c) shall take
effect on the date of the enactment of this Act.
SEC. 212. 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 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, 1999'';
(3) in paragraph (4) of subsection (a), by inserting ``and
on or before October 1, 1998,'' after ``1995,''; and
(4) in subsection (c), by striking ``October 1, 1996'' and
inserting ``October 1, 1999''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 213. 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 or such persons' representative payee.''.
(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 or such persons'
representative payee'';
(2) by inserting before the period at the end of paragraph
(1)(A) the following: ``and the functions of the Social
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