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Pub.L. 104-122 Making further continuing appropriations for the fiscal year 1996, and for other purposes. <> ...


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[[Page 110 STAT. 847]]

Public Law 104-121
104th Congress

                                 An Act


 
 To provide for enactment of the Senior Citizens' Right to Work Act of 
1996, the Line Item Veto Act, and the Small Business Growth and Fairness 
Act of 1996, and to provide for a permanent increase in the public debt 
             limit. <<NOTE: Mar. 29, 1996 -  [H.R. 3136]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Contract with 
America Advancement Act of 1996.>> 

SECTION 1. <<NOTE: 5 USC 601 note.>>  SHORT TITLE.

    This Act may be cited as the ``Contract with America Advancement Act 
of 1996''.

 TITLE <<NOTE: Senior Citizens' Right to Work Act of 1996.>>  I--SOCIAL 
SECURITY EARNINGS LIMITATION AMENDMENTS

SEC. 101. <<NOTE: 42 USC 1305 note.>>  SHORT TITLE OF TITLE.

    This title may be cited as the ``Senior Citizens' Right to Work Act 
of 1996''.

SEC. 102. INCREASES IN MONTHLY EXEMPT AMOUNT FOR PURPOSES OF THE SOCIAL 
            SECURITY EARNINGS LIMIT.

    (a) Increase in Monthly Exempt Amount for Individuals Who Have 
Attained Retirement Age.--Section 203(f)(8)(D) of the Social Security 
Act (42 U.S.C. 403(f)(8)(D)) is amended to read as follows:
            ``(D) Notwithstanding any other provision of this 
        subsection, the exempt amount which is applicable to an 
        individual who has attained retirement age (as defined in 
        section 216(l)) before the close of the taxable year involved 
        shall be--
                    ``(i) for each month of any taxable year ending 
                after 1995 and before 1997, $1,041.66\2/3\,
                    ``(ii) for each month of any taxable year ending 
                after 1996 and before 1998, $1,125.00,
                    ``(iii) for each month of any taxable year ending 
                after 1997 and before 1999, $1,208.33\1/3\,
                    ``(iv) for each month of any taxable year ending 
                after 1998 and before 2000, $1,291.66\2/3\,
                    ``(v) for each month of any taxable year ending 
                after 1999 and before 2001, $1,416.66\2/3\,
                    ``(vi) for each month of any taxable year ending 
                after 2000 and before 2002, $2,083.33\1/3\, and
                    ``(vii) for each month of any taxable year ending 
                after 2001 and before 2003, $2,500.00.''.

    (b) Conforming Amendments.--

[[Page 110 STAT. 848]]

            (1) Section 203(f)(8)(B)(ii) of such Act (42 U.S.C. 
        403(f)(8)(B)(ii)) is amended--
                    (A) by striking ``the taxable year ending after 1993 
                and before 1995'' and inserting ``the taxable year 
                ending after 2001 and before 2003 (with respect to 
                individuals described in subparagraph (D)) or the 
                taxable year ending after 1993 and before 1995 (with 
                respect to other individuals)''; and
                    (B) in subclause (II), by striking ``for 1992'' and 
                inserting ``for 2000 (with respect to individuals 
                described in subparagraph (D)) or 1992 (with respect to 
                other individuals)''.
            (2) The second sentence of section 223(d)(4)(A) of such Act 
        (42 U.S.C. 423(d)(4)(A)) is amended by striking ``the exempt 
        amount under section 203(f)(8) which is applicable to 
        individuals described in subparagraph (D) thereof'' and 
        inserting the following: ``an amount equal to the exempt amount 
        which would be applicable under section 203(f)(8), to 
        individuals described in subparagraph (D) thereof, if section 
        102 of the Senior Citizens' Right to Work Act of 1996 had not 
        been enacted''.

    (c) <<NOTE: 42 USC 403 note.>>  Effective Date.--The amendments made 
by this section shall apply with respect to taxable years ending after 
1995.

SEC. 103. CONTINUING DISABILITY REVIEWS.

    (a) Authorization for Appropriations for Continuing Disability 
Reviews.--Section 201(g)(1)(A) of the Social Security Act (42 U.S.C. 
401(g)(1)(A)) is amended by adding at the end the following: ``Of the 
amounts authorized to be made available out of the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability Insurance 
Trust Fund under the preceding sentence, there are hereby authorized to 
be made available from either or both of such Trust Funds for continuing 
disability reviews--
            ``(i) for fiscal year 1996, $260,000,000;
            ``(ii) for fiscal year 1997, $360,000,000;
            ``(iii) for fiscal year 1998, $570,000,000;
            ``(iv) for fiscal year 1999, $720,000,000;
            ``(v) for fiscal year 2000, $720,000,000;
            ``(vi) for fiscal year 2001, $720,000,000; and
            ``(viii) for fiscal year 2002, $720,000,000.

For purposes of this subparagraph, the term `continuing disability 
review' means a review conducted pursuant to section 221(i) and a review 
or disability eligibility redetermination conducted to determine the 
continuing disability and eligibility of a recipient of benefits under 
the supplemental security income program under title XVI, including any 
review or redetermination conducted pursuant to section 207 or 208 of 
the Social Security Independence and Program Improvements Act of 1994 
(Public Law 103-296).''.

    (b) Adjustment to Discretionary Spending Limits.--Section 251(b)(2) 
of the Balanced Budget and Emergency Deficit Control Act of 
1985 <<NOTE: 2 USC 901.>>  is amended by adding the following new 
subparagraph:
                    ``(H) Continuing disability reviews.--(i) Whenever a 
                bill or joint resolution making appropriations for 
                fiscal year 1996, 1997, 1998, 1999, 2000, 2001, or 2002 
                is enacted that specifies an amount for continuing 
                disability reviews under the heading `Limitation on 
                Administrative Expenses' for the Social Security 
                Administration, the adjustments

[[Page 110 STAT. 849]]

                for that fiscal year shall be the additional new budget 
                authority provided in that Act for such reviews for that 
                fiscal year and the additional outlays flowing from such 
                amounts, but shall not exceed--
                          ``(I) for fiscal year 1996, $15,000,000 in 
                      additional new budget authority and $60,000,000 in 
                      additional outlays;
                          ``(II) for fiscal year 1997, $25,000,000 in 
                      additional new budget authority and $160,000,000 
                      in additional outlays;
                          ``(III) for fiscal year 1998, $145,000,000 in 
                      additional new budget authority and $370,000,000 
                      in additional outlays;
                          ``(IV) for fiscal year 1999, $280,000,000 in 
                      additional new budget authority and $520,000,000 
                      in additional outlays;
                          ``(V) for fiscal year 2000, $317,500,000 in 
                      additional new budget authority and $520,000,000 
                      in additional outlays;
                          ``(VI) for fiscal year 2001, $317,500,000 in 
                      additional new budget authority and $520,000,000 
                      in additional outlays; and
                          ``(VII) for fiscal year 2002, $317,500,000 in 
                      additional new budget authority and $520,000,000 
                      in additional outlays.
                    ``(ii) As used in this subparagraph--
                          ``(I) the term `continuing disability reviews' 
                      has the meaning given such term by section 
                      201(g)(1)(A) of the Social Security Act;
                          ``(II) the term `additional new budget 
                      authority' means new budget authority provided for 
                      a fiscal year, in excess of $100,000,000, for the 
                      Supplemental Security Income program and specified 
                      to pay for the costs of continuing disability 
                      reviews attributable to the Supplemental Security 
                      Income program; and
                          ``(III) the term `additional outlays' means 
                      outlays, in excess of $200,000,000 in a fiscal 
                      year, flowing from the amounts specified for 
                      continuing disability reviews under the heading 
                      `Limitation on Administrative Expenses' for the 
                      Social Security Administration, including outlays 
                      in that fiscal year flowing from amounts specified 
                      in Acts enacted for prior fiscal years (but not 
                      before 1996).''.

    (c) Budget Allocation Adjustment by Budget Committee.--Section 606 
of the Congressional Budget and Impoundment Control Act of 
1974 <<NOTE: 2 USC 665e.>>  is amended by adding the following new 
subsection:

    ``(e) Continuing Disability Review Adjustment.--
            ``(1) In general.--(A) For fiscal year 1996, upon the 
        enactment of the Contract with America Advancement Act of 1996, 
        the Chairmen of the Committees on the Budget of the Senate and 
        House of Representatives shall make the adjustments referred to 
        in subparagraph (C) to reflect $15,000,000 in additional new 
        budget authority and $60,000,000 in additional outlays for 
        continuing disability reviews (as defined in section 
        201(g)(1)(A) of the Social Security Act).
            ``(B) When the Committee on Appropriations reports an 
        appropriations measure for fiscal year 1997, 1998, 1999, 2000,

[[Page 110 STAT. 850]]

        2001, or 2002 that specifies an amount for continuing disability 
        reviews under the heading `Limitation on Administrative 
        Expenses' for the Social Security Administration, or when a 
        conference committee submits a conference report thereon, the 
        Chairman of the Committee on the Budget of the Senate or House 
        of Representatives (whichever is appropriate) shall make the 
        adjustments referred to in subparagraph (C) to reflect the 
        additional new budget authority for continuing disability 
        reviews provided in that measure or conference report and the 
        additional outlays flowing from such amounts for continuing 
        disability reviews.
            ``(C) The adjustments referred to in this subparagraph 
        consist of adjustments to--
                    ``(i) the discretionary spending limits for that 
                fiscal year as set forth in the most recently adopted 
                concurrent resolution on the budget;
                    ``(ii) the allocations to the Committees on 
                Appropriations of the Senate and the House of 
                Representatives for that fiscal year under sections 
                302(a) and 602(a); and
                    ``(iii) the appropriate budgetary aggregates for 
                that fiscal year in the most recently adopted concurrent 
                resolution on the budget.
            ``(D) The adjustments under this paragraph for any fiscal 
        year shall not exceed the levels set forth in section 
        251(b)(2)(H) of the Balanced Budget and Emergency Deficit 
        Control Act of 1985 for that fiscal year. The adjusted 
        discretionary spending limits, allocations, and aggregates under 
        this paragraph shall be considered the appropriate limits, 
        allocations, and aggregates for purposes of congressional 
        enforcement of this Act and concurrent budget resolutions under 
        this Act.
            ``(2) Reporting revised suballocations.--Following the 
        adjustments made under paragraph (1), the Committees on 
        Appropriations of the Senate and the House of Representatives 
        may report appropriately revised suballocations pursuant to 
        sections 302(b) and 602(b) of this Act to carry out this 
        subsection.
            ``(3) Definitions.--As used in this section, the terms 
        `continuing disability reviews', `additional new budget 
        authority', and `additional outlays' shall have the same 
        meanings as provided in section 251(b)(2)(H)(ii) of the Balanced 
        Budget and Emergency Deficit Control Act of 1985.''.

    (d) <<NOTE: 42 USC 401 note.>>  Use of Funds and Reports.--
            (1) In general.--The Commissioner of Social Security shall 
        ensure that funds made available for continuing disability 
        reviews (as defined in section 201(g)(1)(A) of the Social 
        Security Act) are used, to the greatest extent practicable, to 
        maximize the combined savings in the old-age, survivors, and 
        disability insurance, supplemental security income, Medicare, 
        and medicaid programs.
            (2) Report.--The Commissioner of Social Security shall 
        provide annually (at the conclusion of each of the fiscal years 
        1996 through 2002) to the Congress a report on continuing 
        disability reviews which includes--
                    (A) the amount spent on continuing disability 
                reviews in the fiscal year covered by the report, and 
                the number of reviews conducted, by category of review;

[[Page 110 STAT. 851]]

                    (B) the results of the continuing disability reviews 
                in terms of cessations of benefits or determinations of 
                continuing eligibility, by program; and
                    (C) the estimated savings over the short-, med-
                ium-, and long-term to the old-age, survivors, and 
                disability insurance, supplemental security income, 
                Medicare, and medicaid programs from continuing 
                disability reviews which result in cessations of 
                benefits and the estimated present value of such 
                savings.

    (e) Office of Chief Actuary in the Social Security Administration.--
            (1) In general.--Section 702 of the Social Security Act (42 
        U.S.C. 902) is amended--
                    (A) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively; and
                    (B) by inserting after subsection (b) the following 
                new subsection:

                             ``chief actuary

    ``(c)(1) There shall be in the Administration a Chief Actuary, who 
shall be appointed by, and in direct line of authority to, the 
Commissioner. The Chief Actuary shall be appointed from individuals who 
have demonstrated, by their education and experience, superior expertise 
in the actuarial sciences. The Chief Actuary shall serve as the chief 
actuarial officer of the Administration, and shall exercise such duties 
as are appropriate for the office of the Chief Actuary and in accordance 
with professional standards of actuarial independence. The Chief Actuary 
may be removed only for cause.
    ``(2) The Chief Actuary shall be compensated at the highest rate of 
basic pay for the Senior Executive Service under section 5382(b) of 
title 5, United States Code.''.
            (2) <<NOTE: 42 USC 902 note.>>  Effective date of 
        subsection.--The amendments made by this subsection shall take 
        effect on the date of the enactment of this Act.

SEC. 104. ENTITLEMENT OF STEPCHILDREN TO CHILD'S INSURANCE BENEFITS 
            BASED ON ACTUAL DEPENDENCY ON STEPPARENT SUPPORT.

    (a) Requirement of Actual Dependency for Future Entitlements.--

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