Ticket to Work and Self-Sufficiency Act of 1999 - Amends part A of title XI of the Social Security Act (SSA) to direct the Commissioner of Social Security to establish a Ticket to Work and Self-Sufficiency Program (TWSSP) under which an SSA title XVI (Supplemental Security Income) (SSI) or an SSA title II (Old Age, Survivors and Disability Insurance) (OASDI) program disabled beneficiary may use a ticket to work and self-sufficiency issued by the Commissioner to obtain employment services, vocational rehabilitation services, or other support services from an employment network of the beneficiary's choice which is willing to provide such services pursuant to an appropriate individual work plan.
(Sec. 2) Authorizes certain State agencies to elect to participate in the program as employment networks coordinating and delivering services to individuals with tickets to work and self-sufficiency. Permits private entities to be employment networks.
Requires a written agreement stipulating how an employment network will reimburse a State agency before it or an approved State plan may accept any referral of a disabled beneficiary from the employment network to which the beneficiary has assigned his or her ticket to work and self-sufficiency.
Requires the Commissioner to enter into agreements with private or public organizations to serve as program managers which shall: (1) recruit and recommend employment networks for the Commissioner's selection; as well as (2) ensure that employment services, vocational rehabilitation services, and other support services are provided to beneficiaries throughout the geographic area covered under the program manager's agreement, including rural areas.
Requires an employment network to: (1) develop and implement an individual work plan for each beneficiary in a manner affording the beneficiary an opportunity to exercise informed choice in selecting an employment goal and specific services needed to achieve it; and (2) undertake a vocational evaluation with respect to the beneficiary, unless the beneficiary has obtained a waiver of such evaluation from the Commissioner.
Outlines an outcome payment system and an outcome-milestone payment system, either of which an employment network may elect to receive TWSSP funds.
Prohibits the Commissioner and any applicable State agency from initiating a continuing disability or other review of whether an individual is or is not under a disability during any period for which such individual is using a ticket to work and self-sufficiency.
Provides for funding of TWSSP out of amounts transferred from the OASDI trust funds and appropriations authorized for the Social Security Administration under SSA title XVI.
Declares that, in the case of any State in which the TWSSP has not been fully implemented, the Commissioner shall determine by regulation the extent to which the requirement for prompt referrals to a State agency, and the Commissioner's authority to provide vocational rehabilitation services, shall apply in such State.
Establishes in the executive branch the Ticket to Work and Self-Sufficiency Advisory Panel for use in connection with TWSSP. Authorizes appropriations.
Directs the Commissioner to establish a corps of trained, accessible, and responsive work incentive specialists to specialize in OASDI and SSI disability work incentives for the purpose of disseminating accurate information to disabled beneficiaries with respect to inquiries and issues relating to work incentives.
Directs the Commissioner to conduct demonstration projects to evaluate a program for OASDI disability beneficiaries providing for reductions in disability insurance benefits based on earnings.
Directs the Comptroller General to study and report to the Congress on: (1) existing tax credits and other disability-related employment incentives under the Americans with Disabilities Act of 1990 and other Federal laws; and (2) existing coordination of the SSA title II disability insurance program and the SSA title XVI SSI program as they relate to individuals entering or leaving concurrent entitlement under such programs.
(Sec. 3) Amends SSA title II to provide for extended Medicare coverage for OASDI disability benefit recipients who are using tickets to work and self-sufficiency.
(Sec. 4) Amends the Contract with America Advancement Act of 1996 with respect to: (1) final adjudication of denied claims by drug addicts and alcoholics for SSA title II disability benefits; and (2) the effective dates of certain requirements concerning representative payees and treatment referrals for such individuals.
(Sec. 5) Amends the Social Security Disability Amendments of 1980 to authorize the Commissioner to: (1) expand the scope of any disability insurance program demonstration project to include any group of benefit applicants with impairments which may reasonably be presumed to be disabling; and (2) limit such a demonstration project to any such group of applicants, subject to project terms.
(Sec. 6) Amends SSA title II to: (1) provide for payments to State and local prisons for monthly reports on the identities of inmates whose OASDI benefits are determined by the Commissioner not to be payable as a result of such reports; (2) provide for a 50 percent reduction in such payments under SSA titles II and XVI in cases involving a comparable payment under the other title with respect to the same prisoner; (3) exempt from the Privacy Act of 1974 any agreements with State and local prisons to supply such information; (4) transfer from the OASDI trust funds any sums necessary to enable the Commissioner to make such payments; (5) eliminate the requirement that confinement stem only from a crime punishable by imprisonment for more than one year (thus denying OASDI benefits to individuals confined for any criminal offense); and (6) provide for continued denial of benefits to sex offenders remaining confined to public institutions upon completion of prison term.
(Sec. 7) Provides for a two-year open season for members of the clergy who wish to revoke their exemption from social security coverage.
(Sec. 8) Amends SSA title XI to make a miscellaneous technical amendment relating to cooperative research or demonstration projects under SSA titles II and XVI.
[Congressional Bills 106th Congress]
[From the U.S. Government Printing Office]
[S. 86 Introduced in Senate (IS)]
106th CONGRESS
1st Session
S. 86
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
work, to extend Medicare coverage for such beneficiaries, and to make
additional miscellaneous amendments relating to Social Security.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 19, 1999
Mr. Bunning introduced the following bill; which was read twice and
referred to the Committee on Finance
_______________________________________________________________________
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
work, to extend Medicare coverage for such beneficiaries, and to make
additional miscellaneous amendments relating to Social Security.
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 1999''.
(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. Treatment of prisoners.
Sec. 7. Revocation by members of the clergy of exemption from Social
Security coverage.
Sec. 8. 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 1 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
and employment networks and between program managers and
employment networks. The Commissioner shall afford a party to
such a dispute a reasonable opportunity for a full and fair
review of the matter in dispute.
``(e) Program Managers.--
``(1) In general.--A program manager shall conduct tasks
appropriate to assist the Commissioner in carrying out the
Commissioner's duties in administering the Program.
``(2) Recruitment of employment networks.--A program
manager shall recruit, and recommend for selection by the
Commissioner, employment networks for service under the
Program. The program manager shall carry out such recruitment
and provide such recommendations, and shall monitor all
employment networks serving in the Program in the geographic
area covered under the program manager's agreement, to the
extent necessary and appropriate to ensure that adequate
choices of services are made available to beneficiaries.
Employment networks may serve under the Program only pursuant
to an agreement entered into with the Commissioner under the
Program incorporating the applicable provisions of this section
and regulations thereunder, and the program manager shall
provide and maintain assurances to the Commissioner that
payment by the Commissioner to employment networks pursuant to
this section is warranted based on compliance by such
employment networks with the terms of such agreement and this
section. The program manager shall not impose numerical limits
on the number of employment networks to be recommended pursuant
to this paragraph.
``(3) Facilitation of access by beneficiaries to employment
networks.--A program manager shall facilitate access by
beneficiaries to employment networks. The program manager shall
ensure that each beneficiary is allowed changes in employment
networks for good cause, as determined by the Commissioner,
without being deemed to have rejected services under the
Program. The program manager shall establish and maintain lists
of employment networks available to beneficiaries and shall
make such lists generally available to the public. The program
manager shall ensure that all information provided to disabled
beneficiaries pursuant to this paragraph is provided in
accessible format.
``(4) Ensuring availability of adequate services.--The
program manager shall ensure that employment services,
vocational rehabilitation services, and other support services
are provided to beneficiaries throughout the geographic area
covered under the program manager's agreement, including rural
areas.
``(5) Reasonable access to services.--The program manager
shall take such measures as are necessary to ensure that
sufficient employment networks are available and that each
beneficiary receiving services under the Program has reasonable
access to employment services, vocational rehabilitation
services, and other support services. Such services may include
case management, benefits counseling, supported employment,
career planning, career plan development, vocational
assessment, job training, placement, follow-up services, and
such other services as may be specified by the Commissioner
under the Program. The program manager shall ensure that such
services are coordinated.
``(f) Employment Networks.--
``(1) Qualifications for employment networks.--Each
employment network serving under the Program shall consist of
an agency or instrumentality of a State (or a political
subdivision thereof) or a private entity, which assumes
responsibility for the coordination and delivery of services
under the Program to individuals assigning to the employment
network tickets to work and self-sufficiency issued under
subsection (b). No employment network may serve under the
Program unless it demonstrates to the Commissioner substantial
expertise and experience in the field of employment services,
vocational rehabilitation services, or other support services
for individuals with disabilities and provides an array of such
services. An employment network shall consist of either a
single provider of such services or of an association of such
providers organized so as to combine their resources into a
single entity. An employment network may meet the requirements
of subsection (e)(4) by providing services directly, or by
entering into agreements with other individuals or entities
providing appropriate employment services, vocational
rehabilitation services, or other support services.
``(2) Requirements relating to provision of services.--Each
employment network serving under the Program shall be required
under the terms of its agreement with the Commissioner to--
``(A) serve prescribed service areas;
``(B) meet, and maintain compliance with, both
general selection criteria (such as professional and
governmental certification and educational credentials)
and specific selection criteria (such as the extent of
work experience by the provider with specific
populations); and
``(C) take such measures as are necessary to ensure
that employment services, vocational rehabilitation
services, and other support services provided under the
Program by, or under agreements entered into with, the
employment network are provided under appropriate
individual work plans meeting the requirements of
subsection (g).
``(3) Annual financial reporting.--Each employment network
shall meet financial reporting requirements as prescribed by
the Commissioner.
``(4) Periodic outcomes reporting.--Each employment network
shall prepare periodic reports, on at least an annual basis,
itemizing for the covered period specific outcomes achieved
with respect to specific services provided by the employment
network. Such reports shall conform to a national model
prescribed under this section. Each employment network shall
provide a copy of the latest report issued by the employment
network pursuant to this paragraph to each beneficiary upon
enrollment under the Program for services to be received
through such employment network. Upon issuance of each report
to each beneficiary, a copy of the report shall be maintained
in the files of the employment network pertaining to the
beneficiary. The program manager shall ensure that copies of
all such reports issued under this paragraph are made available
to the public under reasonable terms.
``(g) Individual Work Plans.--
``(1) In general.--Each employment network shall--
``(A) take such measures as are necessary to ensure
that employment services, vocational rehabilitation
services, and other support services provided under the
Program by, or under agreements entered into with, the
employment network are provided under appropriate
individual work plans as defined by the Commissioner;
and
``(B) develop and implement each such individual
work plan, in the case of each beneficiary receiving
such services, in a manner that affords such
beneficiary the opportunity to exercise informed choice
in selecting an employment goal and specific services
needed to achieve that employment goal.
A beneficiary's individual work plan shall take effect upon
approval by the beneficiary.
``(2) Vocational evaluation.--In devising the work plan,
the employment network shall undertake a vocational evaluation
with respect to the beneficiary. Each vocational evaluation
shall set forth in writing such elements and shall be in such
format as the Commissioner shall prescribe. The Commissioner
may provide for waiver by the beneficiary of such a vocational
evaluation, subject to regulations which shall be prescribed by
the Commissioner providing for the permissible timing of, and
the circumstances permitting, such a waiver.
``(h) Employment Network Payment Systems.--
``(1) Election of payment system by employment networks.--
``(A) In general.--The Program shall provide for
payment authorized by the Commissioner to employment
networks under either an outcome payment system or an
outcome-milestone payment system. Each employment
network shall elect which payment system will be
utilized by the employment network, and, for such
period of time as such election remains in effect, the
payment system so elected shall be utilized exclusively
in connection with such employment network (except as
provided in subparagraph (B)).
``(B) Method of payment to employment networks.--
Any such election by an employment network taking
effect during any period for which a disabled
beneficiary is receiving services from such employment
network shall not be effective with respect to such
beneficiary to the extent that such election would
result in any change in the method of payment to the
employment network with respect to services provided to
such beneficiary from the method of payment to the
employment network with respect to services provided to
such beneficiary as of immediately before such
election.
``(2) Outcome payment system.--
``(A) In general.--The outcome payment system shall
consist of a payment structure governing employment
networks electing such system under paragraph (1)(A)
which meets the requirements of this paragraph.
``(B) Payments made during outcome payment
period.--The outcome payment system shall provide for a
schedule of payments to an employment network, in
connection with each individual who is a beneficiary,
for each month, during the individual's outcome payment
period, for which benefits (described in paragraphs (2)
and (3) of subsection (k)) are not payable to such
individual.
``(C) Computation of payments to employment
network.--The payment schedule of the outcome payment
system shall be designed so that--
``(i) the payment for each of the 60 months
during the outcome payment period for which
benefits (described in paragraphs (2) and (3)
of subsection (k)) are not payable is equal to
a fixed percentage of the payment calculation
base for the calendar year in which such month
occurs; and
``(ii) such fixed percentage is set at a
percentage which does not exceed 40 percent.
``(3) Outcome-milestone payment system.--
``(A) In general.--The outcome-milestone payment
system shall consist of a payment structure governing
employment networks electing such system under
paragraph (1)(A) which meets the requirements of this
paragraph.
``(B) Early payments upon attainment of milestones
in advance of outcome payment periods.--The outcome-
milestone payment system shall provide for 1 or more
milestones, with respect to beneficiaries receiving
services from an employment network under the Program,
which are directed toward the goal of permanent
employment. Such milestones shall form a part of a
payment structure which provides, in addition to
payments made during outcome payment periods, payments
made prior to outcome payment periods in amounts based
on the attainment of such milestones.
``(C) Limitation on total payments to employment
network.--The payment schedule of the outcome milestone
payment system shall be designed so that the total of
the payments to the employment network with respect to
each beneficiary is less than, on a net present value
basis (using an interest rate determined by the
Commissioner that appropriately reflects the cost of
funds faced by providers), the total amount to which
payments to the employment network with respect to the
beneficiary would be limited if the employment network
were paid under the outcome payment system.
``(4) Definitions.--For purposes of this subsection--
``(A) Payment calculation base.--The term `payment
calculation base' means, for any calendar year--
``(i) in connection with a title II
disability beneficiary, the average disability
insurance benefit payable under section 223 for
all beneficiaries for months during the
preceding calendar year; and
``(ii) in connection with a title XVI
disability beneficiary (who is not concurrently
a title II disability beneficiary), the average
payment of supplemental security income
benefits based on disability payable under
title XVI (excluding State supplementation) for
months during the preceding calendar year to
all beneficiaries who have attained at least 18
years of age.
``(B) Outcome payment period.--The term `outcome
payment period' means, in connection with any
individual who had assigned a ticket to work and self-
sufficiency to an employment network under the Program,
a period--
``(i) beginning with the first month,
ending after the date on which such ticket was
assigned to the employment network, for which
benefits (described in paragraphs (2) and (3)
of subsection (k)) are not payable to such
individual by reason of engagement in work
activity; and
``(ii) ending with the 60th month
(consecutive or otherwise), ending after such
date, for which such benefits are not payable
to such individual by reason of engagement in
work activity.
``(5) Periodic review and alterations of prescribed
schedules.--
``(A) Percentages and periods.--The Commissioner of
Social Security shall periodically review the
percentage specified in paragraph (2)(C), the total
payments permissible under paragraph (3)(C), and the
period of time specified in paragraph (4)(B) to
determine whether such percentages, such permissible
payments, and such period provide an adequate incentive
for employment networks to assist beneficiaries to
enter the workforce, while providing for appropriate
economies. The Commissioner may alter such percentage,
such total permissible payments, or such period of time
to the extent that the Commissioner determines, on the
basis of the Commissioner's review under this
paragraph, that such an alteration would better provide
the incentive and economies described in the preceding
sentence.
``(B) Number and amount of milestone payments.--The
Commissioner shall periodically review the number and
amounts of milestone payments established by the
Commissioner pursuant to this section to determine
whether they provide an adequate incentive for
employment networks to assist beneficiaries to enter
the workforce, taking into account information provided
to the Commissioner by program managers, the Ticket to
Work and Self-Sufficiency Advisory Panel, and other
reliable sources. The Commissioner may from time to
time alter the number and amounts of milestone payments
initially established by the Commissioner pursuant to
this section to the extent that the Commissioner
determines that such an alteration would allow an
adequate incentive for employment networks to assist
beneficiaries to enter the workforce. Such alteration
shall be based on information provided to the
Commissioner by program managers, the Ticket to Work
and Self-Sufficiency Advisory Panel, or other reliable
sources.
``(i) Suspension of Disability Reviews.--During any period for
which an individual is using a ticket to work and self-sufficiency
issued under this section, the Commissioner (and any applicable State
agency) may not initiate a continuing disability review or other review
under section 221 of whether the individual is or is not under a
disability or a review under title XVI similar to any such review under
section 221.
``(j) Authorizations.--
``(1) Title ii disability beneficiaries.--There are
authorized to be transferred from the Federal Old-Age and
Survivors Insurance Trust Fund and the Federal Disability
Insurance Trust Fund each fiscal year such sums as may be
necessary to carry out the provisions of this section with
respect to title II disability beneficiaries. Money paid from
the Trust Funds under this section with respect to title II
disability beneficiaries who are entitled to benefits under
section 223 or who are entitled to benefits under section
202(d) on the basis of the wages and self-employment income of
such beneficiaries, shall be charged to the Federal Disability
Insurance Trust Fund, and all other money paid from the Trust
Funds under this section shall be charged to the Federal Old-
Age and Survivors Insurance Trust Fund. The Commissioner of
Social Security shall determine according to such methods and
procedures as shall be prescribed under this section--
``(A) the total amount to be paid to program
managers and employment networks under this section;
and
``(B) subject to the provisions of the preceding
sentence, the amount which should be charged to each of
the Trust Funds.
``(2) Title xvi disability beneficiaries.--Amounts
authorized to be appropriated to the Social Security
Administration under section 1601 (as in effect pursuant to the
amendments made by section 301 of the Social Security
Amendments of 1972) shall include amounts necessary to carry
out the provisions of this section with respect to title XVI
disability beneficiaries.
``(k) Definitions.--For purposes of this section--
``(1) Disabled beneficiary.--The term `disabled
beneficiary' means a title II disability beneficiary or a title
XVI disability beneficiary.
``(2) Title ii disability beneficiary.--The term `title II
disability beneficiary' means an individual entitled to
disability insurance benefits under section 223 or to monthly
insurance benefits under section 202 based on such individual's
disability (as defined in section 223(d)). An individual is a
title II disability beneficiary for each month for which such
individual is entitled to such benefits.
``(3) Title xvi disability beneficiary.--The term `title
XVI disability beneficiary' means an individual eligible for
supplemental security income benefits under title XVI on the
basis of blindness (within the meaning of section 1614(a)(2))
or disability (within the meaning of section 1614(a)(3)). An
individual is a title XVI disability beneficiary for each month
for which such individual is eligible for such benefits.
``(4) Supplemental security income benefit.--The term
`supplemental security income benefit under title XVI' means a
cash benefit under section 1611 or 1619(a), and does not
include a State supplementary payment, administered federally
or otherwise.
``(l) Regulations.--The Commissioner of Social Security shall
prescribe such regulations as are necessary to carry out the provisions
of this section.''.
(b) Conforming Amendments.--
(1) Amendments to title ii.--
(A) Section 221(c) of such Act (42 U.S.C. 421(c))
is amended by adding at the end the following new
paragraph:
``(4) For suspension of reviews under this subsection in the case
of an individual using a ticket to work and self-sufficiency, see
section 1147(i).''.
(B) Section 222(a) of such Act (42 U.S.C. 422(a))
is repealed.
(C) Section 222(b) of such Act (42 U.S.C. 422(b))
is repealed.
(D) Section 225(b)(1) of such Act (42 U.S.C.
425(b)(1)) is amended by striking ``a program of
vocational rehabilitation services'' and inserting ``a
program consisting of the Ticket to Work and Self-
Sufficiency Program under section 1147 or another
program of vocational rehabilitation services,
employment services, or other support services''.
(2) Amendments to title xvi.--
(A) Section 1615(a) of such Act (42 U.S.C.
1382d(a)) is amended to read as follows:
``Sec. 1615. (a) In the case of any blind or disabled individual
who--
``(1) has not attained age 16; and
``(2) with respect to whom benefits are paid under this
title,
the Commissioner of Social Security shall make provision for referral
of such individual to the appropriate State agency administering the
State program under title V.''.
(B) Section 1615(c) of such Act (42 U.S.C.
1382d(c)) is repealed.
(C) Section 1631(a)(6)(A) of such Act (42 U.S.C.
1383(a)(6)(A)) is amended by striking ``a program of
vocational rehabilitation services'' and inserting ``a
program consisting of the Ticket to Work and Self-
Sufficiency Program under section 1147 or another
program of vocational rehabilitation services,
employment services, or other support services''.
(D) Section 1633(c) of such Act (42 U.S.C.
1383b(c)) is amended--
(i) by inserting ``(1)'' after ``(c)''; and
(ii) by adding at the end the following new
paragraph:
``(2) For suspension of continuing disability reviews and other
reviews under this title similar to reviews under section 221 in the
case of an individual using a ticket to work and self-sufficiency, see
section 1147(i).''.
(c) Effective Date.--Subject to subsection (d), the amendments made
by subsections (a) and (b) shall take effect with the first month
following 1 year after the date of the enactment of this Act.
(d) Graduated Implementation of Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Commissioner of Social Security
shall commence implementation of the amendments made by this
section (other than paragraphs (1)(C) and (2)(B) of subsection
(b)) in graduated phases at phase-in sites selected by the
Commissioner. Such phase-in sites shall be selected so as to
ensure, prior to full implementation of the Ticket to Work and
Self-Sufficiency Program, the development and refinement of
referral processes, payment systems, computer linkages,
management information systems, and administrative processes
necessary to provide for full implementation of such
amendments. Subsection (c) shall apply with respect to
paragraphs (1)(C) and (2)(B) of subsection (b) without regard
to this subsection.
(2) Requirements.--Implementation of the Program at each
phase-in site shall be carried out on a wide enough scale to
permit a thorough evaluation of the alternative methods under
consideration, so as to ensure that the most efficacious
methods are determined and in place for full implementation of
the Program on a timely basis.
(3) Full implementation.--The Commissioner shall ensure
that the Program is fully implemented as soon as practicable on
or after the effective date specified in subsection (c) but not
later than 6 years after such date.
(4) Ongoing evaluation of program.--
(A) In general.--The Commissioner shall design and
conduct a series of evaluations to assess the cost-
effectiveness of activities carried out under this
section and the amendments made thereby, as well as the
effects of this section and the amendments made thereby
on work outcomes for beneficiaries receiving tickets to
work and self-sufficiency under the Program.
(B) Methodology.--
(i) Design and implementation.--The
Commissioner shall design the series of
evaluations after receiving relevant advice
from experts in the fields of disability,
vocational rehabilitation, and program
evaluation and individuals using tickets to
work and self-sufficiency under the Program. In
designing and carrying out such evaluations,
the Commissioner shall consult with the
Comptroller General of the United States and
other agencies of the Federal Government and
with private organizations with appropriate
expertise. Before provision of services begins
under any phase of Program implementation, the
Commissioner shall ensure that plans for such
evaluations and data collection methods are in
place and ready for implementation.
(ii) Specific matters to be addressed.--
Each such evaluation shall address (but is not
limited to):
(I) the annual cost (including net
cost) of the Program and the annual
cost (including net cost) that would
have been incurred in the absence of
the Program;
(II) the determinants of return to
work, including the characteristics of
beneficiaries in receipt of tickets
under the Program;
(III) the types of employment
services, vocational rehabilitation
services, and other support services
furnished to beneficiaries in receipt
of tickets under the Program who return
to work and to those who do not return
to work;
(IV) the duration of employment
services, vocational rehabilitation
services, and other support services
furnished to beneficiaries in receipt
of tickets under the Program who return
to work and the duration of such
services furnished to those who do not
return to work and the cost to
employment networks of furnishing such
services;
(V) the employment outcomes,
including wages, occupations, benefits,
and hours worked, of beneficiaries who
return to work after receiving tickets
under the Program and those who return
to work without receiving such tickets;
(VI) the characteristics of
providers whose services are provided
within an employment network under the
Program;
(VII) the extent (if any) to which
employment networks display a greater
willingness to provide services to
disabled beneficiaries;
(VIII) the characteristics
(including employment outcomes) of
those beneficiaries who receive
services under the outcome payment
system and of those beneficiaries who
receive services under the outcome-
milestone payment system;
(IX) measures of satisfaction among
beneficiaries in receipt of tickets
under the Program; and
(X) reasons for (including comments
solicited from beneficiaries regarding)
their choice not to use their tickets
or their inability to return to work
despite the use of their tickets.
(C) Periodic evaluation reports.--Following the
close of the third and fifth fiscal years ending after
the effective date under subsection (c), and prior to
the close of the seventh fiscal year ending after such
date, the Commissioner shall transmit to the Committee
on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a report
containing the Commissioner's evaluation of the
progress of activities conducted under the provisions
of this section and the amendments made thereby. Each
such report shall set forth the Commissioner's
evaluation of the extent to which the Program has been
successful and the Commissioner's conclusions on
whether or how the Program should be modified. Each
such report shall include such data, findings,
materials, and recommendations as the Commissioner may
consider appropriate.
(5) Extent of state's right of first refusal in advance of
full implementation of amendments in such state.--
(A) In general.--In the case of any State in which
the amendments made by subsection (a) have not been
fully implemented pursuant to this subsection, the
Commissioner shall determine by regulation the extent
to which--
(i) the requirement under section 222(a) of
the Social Security Act for prompt referrals to
a State agency; and
(ii) the authority of the Commissioner
under section 222(d)(2) of such Act to provide
vocational rehabilitation services in such
State by agreement or contract with other
public or private agencies, organizations,
institutions, or individuals,
shall apply in such State.
(B) Existing agreements.--Nothing in subparagraph
(A) or the amendments made by subsection (a) shall be
construed to limit, impede, or otherwise affect any
agreement entered into pursuant to section 222(d)(2) of
the Social Security Act before the date of the enactment of this Act
with respect to services provided pursuant to such agreement to
beneficiaries receiving services under such agreement as of such date,
except with respect to services (if any) to be provided after 6 years
after the effective date provided in subsection (c).
(e) The Ticket to Work and Self-Sufficiency Advisory Panel.--
(1) Establishment.--There is established in the executive
branch a panel to be known as the ``Ticket to Work and Self-
Sufficiency Advisory Panel'' (in this subsection referred to as
the ``Panel'').
(2) Duties of panel.--It shall be the duty of the Panel
to--
(A) advise the Commissioner of Social Security on
establishing phase-in sites for the Ticket to Work and
Self-Sufficiency Program and on fully implementing the
Program thereafter;
(B) advise the Commissioner with respect to the
refinement of access of disabled beneficiaries to
employment networks, payment systems, and management
information systems and advise the Commissioner whether
such measures are being taken to the extent necessary
to ensure the success of the Program;
(C) advise the Commissioner regarding the most
effective designs for research and demonstration
projects associated with the Program or conducted
pursuant to subsection (h);
(D) advise the Commissioner on the development of
performance measurements relating to quality assurance
under section 1147(d)(6) of the Social Security Act;
and
(E) furnish progress reports on the Program to the
President and each House of the Congress.
(3) Membership.--
(A) Number and appointment.--The Panel shall be
composed of 6 members as follows:
(i) one member appointed by the Chairman of
the Committee on Ways and Means of the House of
Representatives;
(ii) one member appointed by the ranking
minority member of the Committee on Ways and
Means of the House of Representatives;
(iii) one member appointed by the Chairman
of the Committee on Finance of the Senate;
(iv) one member appointed by the ranking
minority member of the Committee on Finance of
the Senate; and
(v) two members appointed by the President,
who may not be of the same political party.
(B) Representation.--Of the members appointed under
subparagraph (A), at least 4 shall have experience or
expert knowledge as a recipient, provider, employer, or
employee in the fields of, or related to, employment
services, vocational rehabilitation services, and other
support services, of whom--
(i) at least 1 shall represent the
interests of recipients of employment services,
vocational rehabilitation services, and other
support services;
(ii) at least 1 shall represent the
interests of providers of employment services,
vocational rehabilitation services, and other
support services;
(iii) at least 1 shall represent the
interests of private employers;
(iv) at least 1 shall represent the
interests of employees; and
(v) at least 1 shall be an individual who
is or has been a recipient of benefits under
title II or title XVI based on disability.
(C) Terms.--
(i) In general.--Each member shall be
appointed for a term of 4 years (or, if less,
for the remaining life of the Panel), except as
provided in clauses (ii) and (iii). The initial
members shall be appointed not later than 90
days after the date of the enactment of this
Act.
(ii) Terms of initial appointees.--As
designated by the President at the time of
appointment, of the members first appointed--
(I) three of the members appointed
under subparagraph (A) shall be
appointed for a term of 2 years; and
(II) three of the members appointed
under subparagraph (A) shall be
appointed for a term of 4 years.
(iii) Vacancies.--Any member appointed to
fill a vacancy occurring before the expiration
of the term for which the member's predecessor
was appointed shall be appointed only for the
remainder of that term. A member may serve
after the expiration of that member's term
until a successor has taken office. A vacancy
in the Panel shall be filled in the manner in
which the original appointment was made.
(D) Basic pay.--Members shall each be paid at a
rate equal to the daily equivalent of the rate of basic
pay for level 4 of the Senior Executive Service, as in
effect from time to time under section 5382 of title 5,
United States Code, for each day (including travel
time) during which they are engaged in the actual
performance of duties vested in the Panel.
(E) Travel expenses.--Each member shall receive
travel expenses, including per diem in lieu of
subsistence, in accordance with sections 5702 and 5703
of title 5, United States Code.
(F) Quorum.--Four members of the Panel shall
constitute a quorum but a lesser number may hold
hearings.
(G) Chairperson.--The Chairperson of the Panel
shall be designated by the President. The term of
office of the Chairperson shall be 4 years.
(H) Meetings.--The Panel shall meet at least
quarterly and at other times at the call of the
Chairperson or a majority of its members.
(4) Director and staff of panel; experts and consultants.--
(A) Director.--The Panel shall have a Director who
shall be appointed by the Panel. The Director shall be
paid at a rate not to exceed the maximum rate of pay
payable for GS-15 of the General Schedule.
(B) Staff.--Subject to rules prescribed by the
Panel, the Director may appoint and fix the pay of
additional personnel as the Director considers
appropriate.
(C) Experts and consultants.--Subject to rules
prescribed by the Panel, the Director may procure
temporary and intermittent services under section
3109(b) of title 5, United States Code.
(D) Staff of federal agencies.--Upon request of the
Panel, the head of any Federal department or agency may
detail, on a reimbursable basis, any of the personnel
of that department or agency to the Panel to assist it
in carrying out its duties under this Act.
(5) Powers of panel.--
(A) Hearings and sessions.--The Panel may, for the
purpose of carrying out its duties under this
subsection, hold such hearings, sit and act at such
times and places, and take such testimony and evidence
as the Panel considers appropriate.
(B) Powers of members and agents.--Any member or
agent of the Panel may, if authorized by the Panel,
take any action which the Panel is authorized to take
by this section.
(C) Mails.--The Panel may use the United States
mails in the same manner and under the same conditions
as other departments and agencies of the United States.
(D) Administrative support services.--Upon the
request of the Panel, the Administrator of General
Services shall provide to the Panel, on a reimbursable
basis, the administrative support services necessary
for the Panel to carry out its duties under this
subsection.
(6) Reports.--
(A) Interim reports.--The Panel shall submit to the
President and the Congress interim reports at least
annually.
(B) Final report.--The Panel shall transmit a final
report to the President and the Congress not later than
8 years after the date of the enactment of this Act.
The final report shall contain a detailed statement of
the findings and conclusions of the Panel, together
with its recommendations for legislation and
administrative actions which the Panel considers
appropriate.
(7) Termination.--The Panel shall terminate 30 days after
the date of the submission of its final report under paragraph
(6)(B).
(8) Authorization of appropriations.--There are authorized
to be appropriated from the Federal Old-Age and Survivors
Insurance Trust Fund, the Federal Disability Insurance Trust
Fund, and the general fund of the Treasury, as appropriate,
such sums as are necessary to carry out this subsection.
(f) Specific Regulations Required.--
(1) In general.--The Commissioner of Social Security shall
prescribe such regulations as are necessary to implement the
amendments made by this section.
(2) Specific matters to be included in regulations.--The
matters which shall be addressed in such regulations shall
include (but are not limited to)--
(A) the form and manner in which tickets to work
and self-sufficiency may be distributed to
beneficiaries pursuant to section 1147(b)(1) of the
Social Security Act;
(B) the format and wording of such tickets, which
shall incorporate by reference any contractual terms
governing service by employment networks under the
Program;
(C) the form and manner in which State agencies may
elect participation in the Ticket to Work and Self-
Sufficiency Program (and revoke such an election)
pursuant to section 1147(c)(1) of such Act and
provision for periodic opportunities for exercising
such elections (and revocations);
(D) the status of State agencies under section
1147(c)(2) of such Act at the time that State agencies
exercise elections (and revocations) under section
1147(c)(1) of such Act;
(E) the terms of agreements to be entered into with
program managers pursuant to section 1147(d) of such
Act, including (but not limited to)--
(i) the terms by which program managers are
precluded from direct participation in the
delivery of services pursuant to section
1147(d)(3) of such Act;
(ii) standards which must be met by quality
assurance measures referred to in paragraph (6)
of section 1147(d) of such Act and methods of
recruitment of employment networks utilized
pursuant to paragraph (2) of section 1147(e) of
such Act; and
(iii) the format under which dispute
resolution will operate under section
1147(d)(7) of such Act;
(F) the terms of agreements to be entered into with
employment networks pursuant to section 1147(d)(4) of
such Act, including (but not limited to)--
(i) the manner in which service areas are
specified pursuant to section 1147(f)(2)(A) of
such Act;
(ii) the general selection criteria and the
specific selection criteria which are
applicable to employment networks under section
1147(f)(2)(B) of such Act in selecting service
providers;
(iii) specific requirements relating to
annual financial reporting by employment
networks pursuant to section 1147(f)(3) of such
Act; and
(iv) the national model to which periodic
outcomes reporting by employment networks must
conform under section 1147(f)(4) of such Act;
(G) standards which must be met by individual work
plans pursuant to section 1147(g) of such Act;
(H) standards which must be met by payment systems
required under section 1147(h) of such Act, including
(but not limited to)--
(i) the form and manner in which elections
by employment networks of payment systems are
to be exercised pursuant to section
1147(h)(1)(A) of such Act;
(ii) the terms which must be met by an
outcome payment system under section 1147(h)(2)
of such Act;
(iii) the terms which must be met by an
outcome-milestone payment system under section
1147(h)(3) of such Act;
(iv) any revision of the percentage
specified in paragraph (2)(C) of section
1147(h) of such Act or the period of time
specified in paragraph (4)(B) of section
1147(h) of such Act; and
(v) annual oversight procedures for such
systems; and
(I) procedures for effective oversight of the
Program by the Commissioner of Social Security,
including periodic reviews and reporting requirements.
(g) Work Incentive Specialists.--The Commissioner shall establish a
corps of trained, accessible, and responsive work incentive specialists
to specialize in title II and title XVI disability work incentives for
the purpose of disseminating accurate information to disabled
beneficiaries (as defined in section 1147(k)(1) of the Social Security
Act, as amended by this Act) with respect to inquiries and issues
relating to work incentives.
(h) Demonstration Projects Providing for Reductions in Disability
Insurance Benefits Based on Earnings. --
(1) Authority.--The Commissioner shall conduct
demonstration projects for the purpose of evaluating, through
the collection of data, a program for title II disability
beneficiaries (as defined in section 1147(k)(2) of the Social
Security Act, as amended by this Act) under which each $1 of
benefits payable under section 223 of the Social Security Act,
or under section 202 of such Act based on the beneficiary's
disability, is reduced for each $2 of such beneficiary's
earnings that is above a level to be determined by the
Commissioner. Such projects shall be conducted at a number of
localities which the Commissioner shall determine is sufficient
to adequately evaluate the appropriateness of national implementation
of such a program. Such projects shall identify reductions in Federal
expenditures that may result from the permanent implementation of such
a program.
(2) Scope and scale and matters to be determined.--
(A) In general.--The demonstration projects
developed under paragraph (1) shall be of sufficient
duration, shall be of sufficient scope, and shall be
carried out on a wide enough scale to permit a thorough
evaluation of the project to determine--
(i) the effects, if any, of induced entry
and reduced exit;
(ii) the extent, if any, to which the
project being tested is affected by whether it
is in operation in a locality within an area
under the administration of the Ticket to Work
and Self-Sufficiency Program; and
(iii) the savings that accrue to the Trust
Funds and other Federal programs under the
project being tested.
The Commissioner shall take into account advice
provided by the Ticket to Work and Self-Sufficiency
Advisory Panel pursuant to subsection (e)(2)(C).
(B) Additional matters.--The Commissioner shall
also determine with respect to each project--
(i) the annual cost (including net cost) of
the project and the annual cost (including net
cost) that would have been incurred in the
absence of the project;
(ii) the determinants of return to work,
including the characteristics of the
beneficiaries who participate in the project;
and
(iii) the employment outcomes, including
wages, occupations, benefits, and hours worked,
of beneficiaries who return to work as a result
of participation in the project.
The Commissioner may include within the matters
evaluated under the project the merits of trial work
periods and periods of extended eligibility.
(3) Waivers.--The Commissioner may waive compliance with
the benefit provisions of title II of the Social Security Act,
and the Secretary of Health and Human Services may waive
compliance with the benefit requirements of title XVIII of such
Act, in so far as is necessary for a thorough evaluation of the
alternative methods under consideration. No such project shall
be actually placed in operation unless at least 90 days prior
thereto a written report, prepared for purposes of notification
and information only and containing a full and complete
description thereof, has been transmitted by the Commissioner
to the Committee on Ways and Means of the House of
Representatives and to the Committee on Finance of the Senate.
Periodic reports on the progress of such projects shall be
submitted by the Commissioner to such committees. When
appropriate, such reports shall include detailed
recommendations for changes in administration or law, or both,
to carry out the objectives stated in paragraph (1).
(4) Interim reports.--On or before June 9 in 2000 and each
of the succeeding years thereafter, the Commissioner shall
submit to the Congress an interim report on the progress of the
demonstration projects carried out under this subsection
together with any related data and materials which the
Commissioner may consider appropriate.
(5) Final report.--The Commissioner shall submit to the
Congress a final report with respect to all demonstration
projects carried out under this section no later than 1 year
after their completion.
(6) Expenditures.--Expenditures made for demonstration
projects under this subsection shall be made from the Federal
Disability Insurance Trust Fund and the Federal Old-Age and
Survivors Insurance Trust Fund, as determined appropriate by
the Commissioner, and from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust
Fund, as determined appropriate by the Secretary of Health and
Human Services, to the extent provided in advance in
appropriation Acts.
(i) Study by General Accounting Office of Existing Disability-
Related Employment Incentives.--
(1) Study.--As soon as practicable after the date of the
enactment of this Act, the Comptroller General of the United
States shall undertake a study to assess existing tax credits
and other disability-related employment incentives under the
Americans with Disabilities Act of 1990 and other Federal laws.
In such study, the Comptroller General shall specifically address the
extent to which such credits and other incentives would encourage
employers to hire and retain individuals with disabilities under the
Ticket to Work and Self-Sufficiency Program.
(2) Report.--Not later than 3 years after the date of the
enactment of this Act, the Comptroller General shall transmit
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
written report presenting the results of the Comptroller
General's study conducted pursuant to this subsection, together
with such recommendations for legislative or administrative
changes as the Comptroller General may determine to be
appropriate.
(j) Study by General Accounting Office of Existing Coordination of
the DI and SSI Programs as They Relate to Individuals Entering or
Leaving Concurrent Entitlement.--
(1) Study.--As soon as practicable after the date of the
enactment of this Act, the Comptroller General of the United
States shall undertake a study to evaluate the coordination
under current law of the disability insurance program under
title II of the Social Security Act and the supplemental
security income program under title XVI of such Act, as such
programs relate to individuals entering or leaving concurrent
entitlement under such programs. In such study, the Comptroller
General shall specifically address the effectiveness of work
incentives under such programs with respect to such individuals
and the effectiveness of coverage of such individuals under
titles XVIII and XIX of such Act.
(2) Report.--Not later than 18 months after the date of the
enactment of this Act, the Comptroller General shall transmit
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a
written report presenting the results of the Comptroller
General's study conducted pursuant to this subsection, together
with such recommendations for legislative or administrative
changes as the Comptroller General may determine to be
appropriate.
SEC. 3. EXTENDING MEDICARE COVERAGE FOR OASDI DISABILITY BENEFIT
RECIPIENTS WHO ARE USING TICKETS TO WORK AND SELF-
SUFFICIENCY.
(a) In General.--The next to last sentence of section 226(b) of the
Social Security Act (42 U.S.C. 426) is amended--
(1) by striking ``throughout all of which'' and inserting
``throughout the first 24 months of which''; and
(2) by inserting after ``but not in excess of 24 such
months'' the following: ``(plus 24 additional such months in
the case of an individual who the Commissioner determines is
using a ticket to work and self-sufficiency issued under
section 1147, but only for additional months that occur in the
7-year period beginning on the date of the enactment of the
Ticket to Work and Self-Sufficiency Act of 1999)''.
(b) Report.--Not later than 6 months prior to the end of the 7-year
period beginning on the date of the enactment of this Act, the
Secretary of Health and Human Services and the Commissioner of Social
Security shall submit in writing to each House of the Congress their
recommendations for further legislative action with respect to the
amendments made by subsection (a), taking into account experience
derived from efforts to achieve full implementation of the Ticket to
Work and Self Sufficiency Program under section 1147 of the Social
Security Act.
SEC. 4. TECHNICAL AMENDMENTS RELATING TO DRUG ADDICTS AND ALCOHOLICS.
(a) Clarification Relating to the Effective Date of the Denial of
Social Security Disability Benefits to Drug Addicts and Alcoholics.--
Section 105(a)(5) of the Contract with America Advancement Act of 1996
(Public Law 104-121; 110 Stat. 853) is amended--
(1) in subparagraph (A), by striking ``by the Commissioner
of Social Security'' and ``by the Commissioner''; and
(2) 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.''.
(b) Correction to Effective Date of Provisions Concerning
Representative Payees and Treatment Referrals of Social Security
Beneficiaries Who Are Drug Addicts and Alcoholics.--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).''.
(c) Effective Dates.--The amendments made by this section 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.).
SEC. 5. 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 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 demonstration project, and may limit any
such demonstration project to any such group of applicants,
subject to the terms of such 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, 2001'';
(3) in paragraph (4) of subsection (a), by inserting ``and
on or before October 1, 2000,'' after ``1995,''; and
(4) in subsection (c), by striking ``October 1, 1996'' and
inserting ``October 1, 2001''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 6. 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 under this
subparagraph with any interested State or local institution comprising
a jail, prison, penal institution, or correctional facility, or
comprising any other institution a purpose of which is to confine
individuals as described in paragraph (1)(A)(ii). Under such
agreement--
``(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) The provisions of section 552a of title 5, United States
Code, shall not apply to any agreement entered into under clause (i) or
to information exchanged pursuant to such agreement.
``(iv) 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).
``(v) 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) 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)) is
amended--
(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).
(d) 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) Conforming amendment.--Section 202(x)(1)(B)(ii) of such
Act (42 U.S.C. 402(x)(1)(B)(ii)) is amended by striking
``clause (ii)'' and inserting ``clauses (ii) and (iii)''.
(3) 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. 7. REVOCATION BY MEMBERS OF THE CLERGY OF EXEMPTION FROM SOCIAL
SECURITY COVERAGE.
(a) In General.--Notwithstanding section 1402(e)(4) of the Internal
Revenue Code of 1986, any exemption which has been received under
section 1402(e)(1) of such Code by a duly ordained, commissioned, or
licensed minister of a church, a member of a religious order, or a
Christian Science practitioner, and which is effective for the taxable
year in which this Act is enacted, may be revoked by filing an
application therefor (in such form and manner, and with such official,
as may be prescribed in regulations made under chapter 2 of such Code),
if such application is filed no later than the due date of the Federal
income tax return (including any extension thereof) for the applicant's
second taxable year beginning after December 31, 1998. Any such
revocation shall be effective (for purposes of chapter 2 of the
Internal Revenue Code of 1986 and title II of the Social Security Act),
as specified in the application, either with respect to the applicant's
first taxable year beginning after December 31, 1998, or with respect
to the applicant's second taxable year beginning after such date, and
for all succeeding taxable years; and the applicant for any such
revocation may not thereafter again file application for an exemption
under such section 1402(e)(1). If the application is filed after the
due date of the applicant's Federal income tax return for a taxable
year and is effective with respect to that taxable year, it shall
include or be accompanied by payment in full of an amount equal to the
total of the taxes that would have been imposed by section 1401 of the
Internal Revenue Code of 1986 with respect to all of the applicant's
income derived in that taxable year which would have constituted net
earnings from self-employment for purposes of chapter 2 of such Code
(notwithstanding section 1402 (c)(4) or (c)(5) of such Code) except for
the exemption under section 1402(e)(1) of such Code.
(b) Effective Date.--Subsection (a) shall apply with respect to
service performed (to the extent specified in such subsection) in
taxable years beginning after December 31, 1998, and with respect to
monthly insurance benefits payable under title II of the Social
Security Act on the basis of the wages and self-employment income of
any individual for months in or after the calendar year in which such
individual's application for revocation (as described in such
subsection) is effective (and lump-sum death payments payable under
such title on the basis of such wages and self-employment income in the
case of deaths occurring in or after such calendar year).
SEC. 8. ADDITIONAL TECHNICAL AMENDMENT RELATING TO COOPERATIVE RESEARCH
OR DEMONSTRATION PROJECTS UNDER TITLES II AND XVI.
(a) In General.--Section 1110(a)(3) of the Social Security Act (42
U.S.C. 1310(a)(3)) is amended by striking ``title XVI'' and inserting
``title II or XVI''.
(b) Effective Date.--The amendment made by subsection (a) 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).
<all>
Introduced in Senate
Read twice and referred to the Committee on Finance.
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