Home > 105th Congressional Bills > H.R. 3434 (ih) To amend title 10, United States Code, to provide limited authority for concurrent receipt of military retired pay and veterans' disability compensation in the case of certain disabled military retirees who are over the age of 65. %%Filenam...

H.R. 3434 (ih) To amend title 10, United States Code, to provide limited authority for concurrent receipt of military retired pay and veterans' disability compensation in the case of certain disabled military retirees who are over the age of 65. %%Filenam...


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                                                 Union Calendar No. 304

105th CONGRESS

  2d Session

                               H. R. 3433

                          [Report No. 105-537]

_______________________________________________________________________

                                 A BILL

  To amend the Social Security Act to establish a Ticket to Work and 
   Self-Sufficiency Program in the Social Security Administration to 
  provide beneficiaries with disabilities meaningful opportunities to 
return to work and to extend Medicare coverage for such beneficiaries, 
and to amend the Internal Revenue Code of 1986 to provide a tax credit 
                 for impairment-related work expenses.

_______________________________________________________________________

                              May 18, 1998

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed





                                                 Union Calendar No. 304
105th CONGRESS
  2d Session
                                H. R. 3433

                          [Report No. 105-537]

  To amend the Social Security Act to establish a Ticket to Work and 
   Self-Sufficiency Program in the Social Security Administration to 
  provide beneficiaries with disabilities meaningful opportunities to 
return to work and to extend Medicare coverage for such beneficiaries, 
and to amend the Internal Revenue Code of 1986 to provide a tax credit 
                 for impairment-related work expenses.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 11, 1998

Mr. Bunning  (for himself and Mrs. Kennelly of Connecticut) introduced 
  the following bill; which was referred to the Committee on Ways and 
                                 Means

                              May 18, 1998

  Additional sponsors: Mr. Ramstad, Mr. English of Pennsylvania, Mr. 
 Hayworth, Mr. Hulshof, Mr. Rangel, Mr. Matsui, Mr. Lewis of Georgia, 
 Mr. Neal of Massachusetts, Mrs. Thurman, Ms. Kaptur, Ms. Lofgren, Mr. 
  Klink, Ms. Slaughter, Mr. Shays, Mr. Crane, Mr. Camp, Mr. Burton of 
  Indiana, Mr. Nethercutt, Mr. Houghton, Mr. Nussle, Mr. Weller, Mr. 
        McDermott, Mr. Levin, Mr. Frelinghuysen, and Mr. Waxman

                              May 18, 1998

Reported with amendments, committed to the Committee of the Whole House 
          on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of introduced bill, see copy of bill as introduced on March 
                               11, 1998]

_______________________________________________________________________

                                 A BILL


 
  To amend the Social Security Act to establish a Ticket to Work and 
   Self-Sufficiency Program in the Social Security Administration to 
  provide beneficiaries with disabilities meaningful opportunities to 
return to work and to extend Medicare coverage for such beneficiaries, 
and to amend the Internal Revenue Code of 1986 to provide a tax credit 
                 for impairment-related work expenses.

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Ticket to Work and 
Self-Sufficiency Act of 1998''.
    (b) Table of Contents.--The table of contents is as follows:


Sec. 1. Short title and table of contents.
Sec. 2. The Ticket to Work and Self-Sufficiency Program.
Sec. 3. Extending medicare coverage for OASDI disability benefit 
                            recipients who are using tickets to work 
                            and self-sufficiency.
Sec. 4. Technical amendments relating to drug addicts and alcoholics.
Sec. 5. Extension of disability insurance program demonstration project 
                            authority.
Sec. 6. Perfecting amendments related to withholding from social 
                            security benefits.
Sec. 7. Treatment of prisoners.
Sec. 8. Revocation by members of the clergy of exemption from social 
                            security coverage.
Sec. 9. Additional technical amendment relating to cooperative research 
                            or demonstration projects under titles II 
                            and XVI.

SEC. 2. THE TICKET TO WORK AND SELF-SUFFICIENCY PROGRAM.

    (a) In General.--Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by adding at the end the following new 
section:

           ``the ticket to work and self-sufficiency program

    ``Sec. 1147. (a) In General.--The Commissioner of Social Security 
shall establish a Ticket to Work and Self-Sufficiency Program, under 
which a disabled beneficiary may use a ticket to work and self-
sufficiency issued by the Commissioner in accordance with this section 
to obtain employment services, vocational rehabilitation services, or 
other support services from an employment network which is of the 
beneficiary's choice and which is willing to provide such services to 
such beneficiary.
    ``(b) Ticket System.--
            ``(1) Distribution of tickets.--The Commissioner of Social 
        Security may issue a ticket to work and self-sufficiency to 
        disabled beneficiaries for participation in the Program.
            ``(2) Assignment of tickets.--A disabled beneficiary 
        holding a ticket to work and self-sufficiency may assign the 
        ticket to any employment network of the beneficiary's choice 
        which is serving under the Program and is willing to accept the 
        assignment.
            ``(3) Ticket terms.--A ticket issued under paragraph (1) 
        shall consist of a document which evidences the Commissioner's 
        agreement to pay (as provided in paragraph (4)) an employment 
        network, which is serving under the Program and to which such 
        ticket is assigned by the beneficiary, for such employment 
        services, vocational rehabilitation services, and other support 
        services as the employment network may provide to the 
        beneficiary.
            ``(4) Payments to employment networks.--The Commissioner 
        shall pay an employment network under the Program in accordance 
        with the outcome payment system under subsection (h)(2) or 
        under the outcome-milestone payment system under subsection 
        (h)(3) (whichever is elected pursuant to subsection (h)(1)). An 
        employment network may not request or receive compensation for 
        such services from the beneficiary.
    ``(c) State Participation.--
            ``(1) Periodic elections.--Each State agency administering 
        or supervising the administration of the State plan approved 
        under title I of the Rehabilitation act of 1973 may elect to 
        participate in the Program (or to revoke any such election) as 
        an employment network. The Commissioner shall provide for 
        periodic opportunities for exercising such elections (and 
        revocations).
            ``(2) Treatment of state agencies.--Any such election (or 
        revocation) by a State agency described in paragraph (1) taking 
        effect during any period for which an individual residing in 
        the State is a disabled beneficiary and a client of the State 
        agency shall not be effective with respect to such individual 
        to the extent that such election (or revocation) would result 
        in any change in the method of payment to the State agency with 
        respect to the individual from the method of payment to the 
        State agency with respect to the individual in effect 
        immediately before such election (or revocation).
            ``(3) Effect of participation by state agency.--
                    ``(A) State agencies participating.--In any case in 
                which a State agency described in paragraph (1) elects 
                under paragraph (1) to participate in the Program--
                            ``(i) the employment services, vocational 
                        rehabilitation services, and other support 
                        services which, upon assignment of tickets to 
                        work and self-sufficiency, are provided to 
                        disabled beneficiaries by the State agency 
                        acting as an employment network shall be 
                        governed by plans for vocational rehabilitation 
                        services approved under title I of the 
                        Rehabilitation Act of 1973, and
                            ``(ii) the provisions of section 222(d) and 
                        the provisions of subsections (d) and (e) of 
                        section 1615 shall not apply with respect to 
                        such State.
                    ``(B) State agencies administering maternal and 
                child health services programs.--Subparagraph (A) shall 
                not apply with respect to any State agency 
                administering a program under title V of this Act.
            ``(4) Special requirements applicable to cross-referral to 
        certain state agencies.--
                    ``(A) In general.--In any case in which an 
                employment network has been assigned a ticket to work 
                and self-sufficiency by a disabled beneficiary, no 
                State agency shall be deemed required, under this 
                section, title I of the Rehabilitation Act of 1973, or 
                a State plan approved under such title, to accept any 
                referral of such disabled beneficiary from such 
                employment network unless such employment network and 
                such State agency have entered into a written agreement 
                that meets the requirements of subparagraph (B).
                    ``(B) Terms of agreement.--An agreement required by 
                subparagraph (A) shall specify, in accordance with 
                regulations prescribed pursuant to subparagraph (C)--
                            ``(i) the extent (if any) to which the 
                        employment network holding the ticket will 
                        provide to the State agency--
                                    ``(I) reimbursement for costs 
                                incurred in providing services 
                                described in subparagraph (A) to the 
                                disabled beneficiary, and
                                    ``(II) other amounts from payments 
                                made by the Commissioner to the 
                                employment network pursuant to 
                                subsection (h), and
                            ``(ii) any other conditions that may be 
                        required by such regulations.
                    ``(C) Regulations.--The Commissioner of Social 
                Security and the Secretary of Education shall jointly 
                prescribe regulations specifying the terms of 
                agreements required by subparagraph (A) and otherwise 
                necessary to carry out the provisions of this 
                paragraph.
                    ``(D) Penalty.--No payment may be made to an 
                employment network pursuant to subsection (h) in 
                connection with services provided to any disabled 
                beneficiary if such employment network makes referrals 
                described in subparagraph (A) in violation of the terms 
                of the contract required under subparagraph (A) or 
                without having entered into such a contract.
    ``(d) Responsibilities of the Commissioner of Social Security.--
            ``(1) Selection and qualifications of program managers.--
        The Commissioner of Social Security shall enter into agreements 
        with one or more organizations in the private or public sector 
        for service as a program manager to assist the Commissioner in 
        administering the Program. Any such program manager shall be 
        selected by means of a competitive bidding process, from among 
        organizations in the private or public sector with available 
        expertise and experience in the field of vocational 
        rehabilitation or employment services.
            ``(2) Tenure, renewal, and early termination.--Each 
        agreement entered into under paragraph (1) shall provide for 
        early termination upon failure to meet performance standards 
        which shall be specified in the agreement and which shall be 
        weighted to take into account any performance in prior terms. 
        Such performance standards shall include (but are not limited 
        to)--
                    ``(A) measures for ease of access by beneficiaries 
                to services, and
                    ``(B) measures for determining the extent to which 
                failures in obtaining services for beneficiaries fall 
                within acceptable parameters, as determined by the 
                Commissioner.
            ``(3) Preclusion from direct participation in delivery of 
        services in own service area.--Agreements under paragraph (1) 
        shall preclude--
                    ``(A) direct participation by a program manager in 
                the delivery of employment services, vocational 
                rehabilitation services, or other support services to 
                beneficiaries in the service area covered by the 
                program manager's agreement, and
                    ``(B) the holding by a program manager of a 
                financial interest in an employment network or service 
                provider which provides services in a geographic area 
                covered under the program manager's agreement.
            ``(4) Selection of employment networks.--The Commissioner 
        shall select and enter into agreements with employment networks 
        for service under the Program. Such employment networks shall 
        be in addition to State agencies serving as employment networks 
        pursuant to elections under subsection (c).
            ``(5) Termination of agreements with employment networks.--
        The Commissioner shall terminate agreements with employment 
        networks for inadequate performance, as determined by the 
        Commissioner.
            ``(6) Quality assurance.--The Commissioner shall provide 
        for such periodic reviews as are necessary to provide for 
        effective quality assurance in the provision of services by 
        employment networks. The Commissioner shall take into account 
        the views of consumers and the program manager under which the 
        employment networks serve and shall consult with providers of 
        services to develop performance measurements. The Commissioner 
        shall ensure that the results of the periodic reviews are made 
        available to beneficiaries who are prospective service 
        recipients as they select employment networks. The Commissioner 
        shall ensure the performance of periodic surveys of 
        beneficiaries receiving services under the Program designed to 
        measure customer service satisfaction.
            ``(7) Dispute resolution.--The Commissioner shall provide 
        for a mechanism for resolving disputes between beneficiaries 

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