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. ...
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'';
(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 or such persons' representative payee,'';
(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 or such
persons' representative payee'';
(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 Board of Trustees of such Trust Funds
shall prescribe before January 1, 1998, 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 or such
persons' representative payee.''.
(c) Effective Date.--The amendments made by subsection (b) shall
apply to benefits paid on or after the first day of the second month
beginning after the month in which this Act is enacted.
SEC. 214. 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) 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), who receives a benefit under this title for
the month preceding the first month of such confinement, and
whose benefit under this title is determined by the
Commissioner to be not payable by reason of confinement based
on the information provided by the institution, $400 (subject
to reduction under clause (ii)) 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 (ii)) if the
institution furnishes the information after 30 days after such
date but within 90 days after such date.
``(ii) 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).
``(iii) There is authorized to 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).
``(iv) The Commissioner is authorized to provide, on a reimbursable
basis, information obtained pursuant to agreements entered into under
clause (i) to any agency administering a Federal or federally-assisted
cash, food, or medical assistance program for eligibility purposes.''.
(2) Effective date.--The amendments made by this subsection
shall apply to individuals whose period of confinement in an
institution commences on or after the first day of the fourth
month beginning after the month in which this Act is enacted.
(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 apply to individuals whose period of confinement in an
institution commences on or after the first day of the fourth
month beginning after the month in which this Act is enacted.
(c) Inclusion of Title II Issues in Study and Report Requirements
Relating to Prisoners.--
(1) In general.--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) Conforming amendment.--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) Application.--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) Fifty percent reduction in title xvi payment in case
involving comparable title ii payment.--Section 1611(e)(1)(I)
of the Social Security Act (42 U.S.C. 1382(e)(1)(I)), as
amended by section 201(b) of this Act, is amended further--
(A) in clause (i)(II), by inserting ``(subject to
reduction under clause (ii))'' after ``$400'' and after
``$200'';
(B) by redesignating clauses (ii) and (iii) as
clauses (iii) and (iv) respectively; and
(C) by inserting after clause (i) the following new
clause:
``(ii) 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).''.
(2) Expansion of categories of institutions eligible to
enter into agreements with the commissioner.--Section
1611(e)(1)(I)(i) of such Act (42 U.S.C. 1382(e)(1)(I)(i)) 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),''.
(3) Effective date.--The amendments made by this subsection
shall take effect 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; 110 Stat.
2186). 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 (2) 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 (v) and
inserting a semicolon;
(B) by inserting ``or'' at the end of clause (vi);
and
(C) by inserting after clause (vi) the following
new clause:
``(vii) matches performed pursuant to
section 202(x), 205(j), 1611(e)(1), or
1631(a)(2) of the Social Security Act;''.
(2) Conforming amendment.--Section 1611(e)(1)(I)(iii) of
the Social Security Act (42 U.S.C. 1382(e)(1)(I)(iii)), as so
redesignated by subsection (d)(1)(B) of this section, is
amended--
(A) by striking ``(I) The provisions'' and all that
follows through ``(II) The Commissioner'' and inserting
``The Commissioner''; and
(B) by inserting ``agency administering a'' before
``Federal or federally-assisted''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act.
(f) Continued Denial of Benefits to Sex Offenders Remaining
Confined to Public Institutions Upon Completion of Prison Term.--
(1) In General.--Section 202(x)(1)(A) of the Social
Security Act (42 U.S.C. 402(x)(1)(A)) is amended--
(A) in clause (i), by striking ``or'' at the end;
(B) in clause (ii)(IV), by striking the period and
inserting ``, or''; and
(C) by adding at the end the following new clause:
``(iii) immediately upon completion of confinement as
described in clause (i) pursuant to conviction of a criminal
offense an element of which is sexual activity, is confined by
court order in an institution at public expense pursuant to a
finding that the individual is a sexually dangerous person or a
sexual predator or a similar finding.''.
(2) Effective Date.--The amendments made by this subsection
shall apply with respect to benefits for months ending after
the date of the enactment of this Act.
SEC. 215. SOCIAL SECURITY ADVISORY BOARD PERSONNEL.
(a) In General.--Section 703(i) of the Social Security Act (42
U.S.C. 903(i)) is amended--
(1) in the first sentence, by striking ``, and three'' and
all that follows through ``Board,''; and
(2) in the last sentence, by striking ``clerical''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect as if included in the enactment of section 108 of the
Contract with America Advancement Act of 1996 (Public Law 104-121; 110
Stat. 857).
TITLE III--CHILD SUPPORT
SEC. 301. STATE OBLIGATION TO PROVIDE CHILD SUPPORT ENFORCEMENT
SERVICES.
(a) Individuals Subject to Fee For Child Support Enforcement
Services.--Section 454(6)(B) of the Social Security Act (42 U.S.C.
654(6)(B)) is amended by striking ``individuals not receiving
assistance under any State program funded under part A, which'' and
inserting ``an individual, other than an individual receiving
assistance under a State program funded under part A or E, or under a
State plan approved under title XIX, or who is required by the State to
cooperate with the State agency administering the program under this
part pursuant to subsection (l) or (m) of section 6 of the Food Stamp
Act of 1977, and''.
(b) Correction of Reference.--Section 464(a)(2)(A) of the Social
Security Act (42 U.S.C. 654(a)(2)(A)) is amended in the first sentence
by striking ``section 454(6)'' and inserting ``section 454(4)(A)(ii)''.
SEC. 302. DISTRIBUTION OF COLLECTED SUPPORT.
(a) Continuation of Assignments.--Section 457(b) of the Social
Security Act (42 U.S.C. 657(b)) is amended--
(1) by striking ``which were assigned'' and inserting
``assigned''; and
(2) by striking ``and which were in effect'' and all that
follows and inserting ``and in effect on September 30, 1997 (or
such earlier date, on or after August 22, 1996, as the State
may choose), shall remain assigned after such date.''.
(b) State Option for Applicability.--
(1) In general.--Section 457(a) of the Social Security Act
(42 U.S.C. 657(a)) is amended by adding at the end the
following:
``(6) State option for applicability.--Notwithstanding any
other provision of this subsection, a State may elect to apply
the rules described in clauses (i)(II), (ii)(II), and (v) of
paragraph (2)(B) to support arrearages collected on and after
October 1, 1998, and, if the State makes such an election,
shall apply the provisions of this section, as in effect and
applied on the day before the date of enactment of section 302
of the Personal Responsibility and Work Opportunity Act of 1996
(Public Law 104-193, 110 Stat. 2200), other than subsection
(b)(1) (as so in effect), to amounts collected before October
1, 1998.''.
(2) Conforming amendments.--Section 408(a)(3)(A) of the
Social Security Act (42 U.S.C. 608(a)(3)(A)) is amended--
(A) in clause (i), by inserting ``(I)'' after
``(i)'';
(B) in clause (ii)--
(i) by striking ``(ii)'' and inserting
``(II)''; and
(ii) by striking the period and inserting
``; or''; and
(C) by adding at the end, the following:
``(ii) if the State elects to distribute
collections under section 457(a)(6), the date
the family ceases to receive assistance under
the program, if the assignment is executed on
or after October 1, 1998.''.
(c) Distribution of Collections With Respect to Families Receiving
Assistance.--Section 457(a)(1) of the Social Security Act (42 U.S.C.
657(a)(1)) is amended by adding at the end the following flush
language:
``In no event shall the total of the amounts paid to the
Federal Government and retained by the State exceed the total
of the amounts that have been paid to the family as assistance
by the State.''.
(d) Families Under Certain Agreements.--Section 457(a)(4) of the
Social Security Act (42 U.S.C. 657(a)(4)) is amended to read as
follows:
``(4) Families under certain agreements.--In the case of an
amount collected for a family in accordance with a cooperative
agreement under section 454(33), distribute the amount so
collected pursuant to the terms of the agreement.''.
(e) Study and Report.--Section 457(a)(5) of the Social Security Act
(42 U.S.C. 657(a)(5)) is amended by striking ``1998'' and inserting
``1999''.
(f) Corrections of References.--Section 457(a)(2)(B) of the Social
Security Act (42 U.S.C. 657(a)(2)(B)) is amended--
(1) in clauses (i)(I) and (ii)(I)--
(A) by striking ``(other than subsection (b)(1))''
each place it appears; and
(B) by inserting ``(other than subsection (b)(1)
(as so in effect))'' after ``1996'' each place it
appears; and
(2) in clause (ii)(II), by striking ``paragraph (4)'' and
inserting ``paragraph (5)''.
(g) Correction of Territorial Match.--Section 457(c)(3)(A) of the
Social Security Act (42 U.S.C. 657(c)(3)(A)) is amended by striking
``the Federal medical assistance percentage (as defined in section
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