Home > 104th Congressional Public Laws > Pub.L. 104-122 Making further continuing appropriations for the fiscal year 1996, and for other purposes. <> ...
Pub.L. 104-122 Making further continuing appropriations for the fiscal year 1996, and for other purposes. <> ...
<DOC>
[[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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