[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 922 Introduced in House (IH)]
103d CONGRESS
1st Session
H. R. 922
To amend the Social Security Act and related provisions of law to make
miscellaneous improvements in the old-age, survivors, and disability
insurance program.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 17, 1993
Mr. Jacobs introduced the following bill; which was referred to the
Committee on Ways and Means
_______________________________________________________________________
A BILL
To amend the Social Security Act and related provisions of law to make
miscellaneous improvements in the old-age, survivors, and disability
insurance program.
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 ``Social Security
Miscellaneous Amendments Act of 1993''.
(b) Table of Contents.--
Sec. 1. Short title and table of contents.
Sec. 2. Explicit requirements for maintenance of telephone access to
local offices of the Social Security
Administration.
Sec. 3. Expansion of State option to exclude service of election
officials or election workers from
coverage.
Sec. 4. Treatment of certain noncash remuneration for agricultural
labor.
Sec. 5. Use of social security numbers by States and local governments
and Federal district courts for jury
selection purposes.
Sec. 6. Authorization for all States to extend coverage to State and
local policemen and firemen under existing
coverage agreements.
Sec. 7. Limited exemption for Canadian ministers from certain self-
employment tax liability.
Sec. 8. Exclusion of totalization benefits from the application of the
windfall elimination provision.
Sec. 9. Exclusion of military reservists from application of the
Government pension offset and windfall
elimination provisions.
Sec. 10. Repeal of the facility-of-payment provision.
Sec. 11. Maximum family benefits in guarantee cases.
Sec. 12. Authorization for disclosure by the Secretary of Health and
Human Services of information for purposes
of public or private epidemiological and
similar research.
SEC. 2. EXPLICIT REQUIREMENTS FOR MAINTENANCE OF TELEPHONE ACCESS TO
LOCAL OFFICES OF THE SOCIAL SECURITY ADMINISTRATION.
(a) Maintenance of Service to Local Offices.--
(1) In general.--Section 5110(a) of the Omnibus Budget
Reconciliation Act of 1990 (104 Stat. 1388-272) is amended by
adding at the end the following new sentences: ``In carrying
out the requirements of the preceding sentence, the Secretary
shall reestablish and maintain in service at least the same
number of telephone lines to each such local office as was in
place as of such date, including telephone sets for connections
to such lines.''.
(2) Effective date.--The Secretary of Health and Human
Services shall ensure that the requirements of the amendment
made by paragraph (1) are carried out no later than 90 days
after the date of the enactment of this Act.
(3) GAO report.--The Comptroller General of the United
States shall make an independent determination of the number of
telephone lines to each local office of the Social Security
Administration which are in place as of 90 days after the
enactment of this Act and shall report his findings to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate no later than 150 days
after the date of the enactment of this Act.
(b) Maintenance of Toll-Free Telephone Number Service.--The
Secretary of Health and Human Services shall ensure that toll-free
telephone service provided by the Social Security Administration is
maintained at a level which is at least equal to that in effect on the
date of the enactment of this Act.
SEC. 3. EXPANSION OF STATE OPTION TO EXCLUDE SERVICE OF ELECTION
OFFICIALS OR ELECTION WORKERS FROM COVERAGE.
(a) Limitation on Mandatory Coverage of State Election Officials
and Election Workers Without State Retirement System.--
(1) Amendment to social security act.--Section
210(a)(7)(F)(iv) of the Social Security Act (42 U.S.C.
410(a)(7)(F)(iv)) (as amended by section 11332(a) of the
Omnibus Budget Reconciliation Act of 1990) is amended by
striking ``$100'' and inserting ``$1,000 with respect to
service performed during 1994, and the exempt remuneration
amount determined under section 218(c)(8)(B) with respect to
service performed thereafter''.
(2) Amendment to fica.--Section 3121(b)(7) of the Internal
Revenue Code of 1986 (as amended by section 11332(b) of the
Omnibus Budget Reconciliation Act of 1990) is amended by
striking ``$100'' and inserting ``$1,000 with respect to
service performed during 1994, and the exempt remuneration
amount determined under section 218(c)(8)(B) of the Social
Security Act with respect to service performed thereafter''.
(b) Conforming Amendments Relating to Medicare Qualified Government
Employment.--
(1) Amendment to social security act.--Section 210(p)(2)(E)
of the Social Security Act (42 U.S.C. 410(p)(2)(E)) is amended
by striking ``$100'' and inserting ``$1,000 with respect to
service performed during 1994, and the exempt remuneration
amount determined under section 218(c)(8)(B) with respect to
service performed thereafter''.
(2) Amendment to fica.--Section 3121(u)(2)(B)(ii)(V) of the
Internal Revenue Code of 1986 is amended by striking ``$100''
and inserting ``$1,000 with respect to service performed during
1994, and the exempt remuneration amount determined under
section 218(c)(8)(B) of the Social Security Act with respect to
service performed thereafter''.
(c) Authority for States To Modify Coverage Agreements With Respect
to Election Officials and Election Workers.--Section 218(c)(8) of the
Social Security Act (42 U.S.C. 418(c)(8)) is amended--
(1) by striking ``on or after January 1, 1968,'' and
inserting ``at any time'';
(2) by striking ``$100'' and inserting ``$1,000 with
respect to service performed during 1994, and the exempt
remuneration amount determined under subparagraph (B) with
respect to service performed thereafter''; and
(3) by striking the last sentence and inserting the
following new sentence: ``Any modification of an agreement
pursuant to this paragraph shall be effective with respect to
services performed in and after the calendar year in which the
modification is mailed or delivered by other means to the
Secretary.''.
(d) Indexation of Exempt Remuneration Amount.--
(1) In general.--Section 218(c)(8) of the Social Security
Act (as amended by subsection (c)) is further amended--
(A) by inserting ``(A)'' after ``(8)''; and
(B) by adding at the end the following new
subparagraphs:
``(B) The Secretary shall, on or before November 1 of 1994 and of
every year thereafter, determine and publish in the Federal Register
the exempt remuneration amount which shall be effective with respect to
service performed during the following calendar year.
``(C) The exempt remuneration amount determined under subparagraph
(B) shall be the larger of--
``(i) the dollar amount in effect under subparagraph (A)
with respect to service performed during the calendar year in
which the determination under subparagraph (B) is made, or
``(ii) the product of--
``(I) $1,000, and
``(II) the indexing ratio described in subparagraph
(D).
``(D) For purposes of subparagraph (C)(ii)(II), the indexing ratio
is the ratio of--
``(i) the deemed average total wages (as defined in section
209(k)(1)) for the calendar year before the calendar year in
which the determination under subparagraph (B) is made, to
``(ii) the average of the total wages (as defined in
regulations of the Secretary and computed without regard to the
limitations specified in section 209(a)(1)) reported to the
Secretary of the Treasury or his delegate for 1991 (as
published in the Federal Register in accordance with section
215(a)(1)(D)),
with such product, if not a multiple of $100, being rounded to the next
higher multiple of $100 where such product is a multiple of $50 but not
of $100 and to the nearest multiple of $100 in any other case.''.
(2) Conforming amendment.--Section 209(k)(1) of such Act
(42 U.S.C. 409(k)(1)) is amended by inserting
``218(c)(8)(D)(i),'' after ``215(b)(3)(A)(ii),''.
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply with respect to service performed on or after
January 1, 1994.
SEC. 4. TREATMENT OF CERTAIN NONCASH REMUNERATION FOR AGRICULTURAL
LABOR.
(a) Amendments to 1986 Code.--Paragraph (8) of section 3121(a) of
the Internal Revenue Code of 1986 (defining wages) is amended--
(1) by striking so much of such paragraph as precedes
subparagraph (B) thereof and inserting the following:
``(8)(A) remuneration for agricultural labor to the extent
such remuneration consists of--
``(i) meals or lodging furnished on the premises of
the employer to the employee, the employee's spouse, or
any of the employee's dependents, or
``(ii) in the case of an employee who is a seasonal
worker, temporary lodging furnished in reasonable
proximity to such premises to the employee, the
employee's spouse, or any of the employee's
dependents;''; and
(2) by striking ``cash remuneration'' each place it appears
in subparagraph (B) and inserting ``remuneration (not excluded
under subparagraph (A))''.
(b) Amendments to Social Security Act.--Paragraph (7) of section
209(a) of the Social Security Act (42 U.S.C. 409(a)(7)) is amended--
(1) by striking so much of such paragraph as precedes
subparagraph (B) thereof and inserting the following:
``(7)(A) Remuneration for agricultural labor to the extent
such remuneration consists of--
``(i) meals or lodging furnished on the premises of
the employer to the employee, the employee's spouse, or
any of the employee's dependents, or
``(ii) in the case of an employee who is a seasonal
worker, temporary lodging furnished in reasonable
proximity to such premises to the employee, the
employee's spouse, or any of the employee's
dependents;'', and
(2) in subparagraph (B)--
(A) by striking ``Cash remuneration'' and inserting
``Remuneration (not excluded under subparagraph (A))'',
and
(B) by striking ``cash remuneration'' and inserting
``remuneration (not excluded under subparagraph (A))''.
(c) Effective Date.--The amendments made by this section shall
apply to remuneration paid after December 31, 1993.
SEC. 5. USE OF SOCIAL SECURITY NUMBERS BY STATES AND LOCAL GOVERNMENTS
AND FEDERAL DISTRICT COURTS FOR JURY SELECTION PURPOSES.
(a) In General.--Section 205(c)(2) of the Social Security Act (42
U.S.C. 405(c)(2)) is amended--
(1) in subparagraph (B)(i), by striking ``(E)'' in the
matter preceding subclause (I) and inserting ``(F)'';
(2) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(3) by inserting after subparagraph (D) the following:
``(E)(i) It is the policy of the United States that--
``(I) any State (or any political subdivision of a State)
may utilize the social security account numbers issued by the
Secretary for the additional purposes described in clause (ii)
if such numbers have been collected and are otherwise utilized
by such State (or political subdivision) in accordance with
applicable law, and
``(II) any district court of the United States may use, for
such additional purposes, any such social security account
numbers which have been so collected and are so utilized by any
State.
``(ii) The additional purposes described in this clause are the
following:
``(I) identifying duplicate names of individuals on master
lists used for jury selection purposes, and
``(II) identifying on such master lists those individuals
who are ineligible to serve on a jury by reason of their
conviction of a felony.
``(iii) To the extent that any provision of Federal law enacted
before the date of the enactment of this subparagraph is inconsistent
with the policy set forth in clause (i), such provision shall, on and
after that date, be null, void, and of no effect.
``(iv) For purposes of this subparagraph, the term `State' has the
meaning such term has in subparagraph (D).''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect on the date of the enactment of this Act.
SEC. 6. AUTHORIZATION FOR ALL STATES TO EXTEND COVERAGE TO STATE AND
LOCAL POLICEMEN AND FIREMEN UNDER EXISTING COVERAGE
AGREEMENTS.
(a) In General.--Section 218(l) of the Social Security Act (42
U.S.C. 418(l)) is amended--
(1) in paragraph (1), by striking ``(1)'' after ``(l)'',
and by striking ``the State of'' and all that follows through
``date of the enactment of this subsection'' and inserting ``a
State entered into pursuant to this section''; and
(2) by striking paragraph (2).
(b) Conforming Amendment.--Section 218(d)(8)(D) of such Act (42
U.S.C. 418(d)(8)(D)) is amended by striking ``agreements with States
named in'' and inserting ``State agreements modified as provided in''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to modifications filed by States after the date of
the enactment of this Act.
SEC. 7. LIMITED EXEMPTION FOR CANADIAN MINISTERS FROM CERTAIN SELF-
EMPLOYMENT TAX LIABILITY.
(a) In General.--Notwithstanding any other provision of law, if--
(1) an individual performed services described in section
1402(c)(4) of the Internal Revenue Code of 1986 which are
subject to tax under section 1401 of such Code,
(2) such services were performed in Canada at a time when
no agreement between the United States and Canada pursuant to
section 233 of the Social Security Act was in effect, and
(3) such individual was required to pay contributions on
the earnings from such services under the social insurance
system of Canada,
then such individual may file a certificate under this section in such
form and manner, and with such official, as may be prescribed in
regulations issued under chapter 2 of such Code. Upon the filing of
such certificate, notwithstanding any judgment which has been entered
to the contrary, such individual shall be exempt from payment of such
tax and from any penalties or interest for failure to pay such tax or
to file a self-employment tax return as required under section 6017 of
such Code.
(b) Period for Filing.--A certificate referred to in subsection (a)
may be filed only during the 180-day period commencing with the date on
which the regulations referred to in subsection (a) are issued.
(c) Taxable Years Affected by Certificate.--A certificate referred
to in subsection (a) shall be effective for taxable years ending after
December 31, 1978, and before January 1, 1985.
(d) Restriction on Crediting of Exempt Self-Employment Income.--In
any case in which an individual is exempt under this section from
paying a tax imposed under section 1401 of the Internal Revenue Code of
1986, any income on which such tax would have been imposed but for such
exemption shall not constitute self-employment income under section
211(b) of the Social Security Act (42 U.S.C. 411(b)), and, if such
individual's primary insurance amount has been determined under section
215 of such Act (42 U.S.C. 415), notwithstanding section 215(f)(1) of
such Act, the Secretary of Health and Human Services shall recompute
such primary insurance amount so as to take into account the provisions
of this subsection.
SEC. 8. EXCLUSION OF TOTALIZATION BENEFITS FROM THE APPLICATION OF THE
WINDFALL ELIMINATION PROVISION.
(a) In General.--Section 215(a)(7) of the Social Security Act (42
U.S.C. 415(a)(7)) is amended--
(1) in subparagraph (A), by striking ``but excluding'' and
all that follows through ``1937'' and inserting ``but excluding
(I) a payment under the Railroad Retirement Act of 1974 or
1937, and (II) a payment by a social security system of a
foreign country based on an agreement concluded between the
United States and such foreign country pursuant to section
233''; and
(2) in subparagraph (E), by inserting after ``in the case
of an individual'' the following: ``whose eligibility for old-
age or disability insurance benefits is based on an agreement
concluded pursuant to section 233 or an individual''.
(b) Conforming Amendment Relating to Benefits Under 1939 Act.--
Section 215(d)(3) of such Act (42 U.S.C. 415(d)(3)) is amended by
striking ``but excluding'' and all that follows through ``1937'' and
inserting ``but excluding (I) a payment under the Railroad Retirement
Act of 1974 or 1937, and (II) a payment by a social security system of
a foreign country based on an agreement concluded between the United
States and such foreign country pursuant to section 233''.
(c) Effective Date.--The amendments made by this section shall
apply (notwithstanding section 215(f)(1) of the Social Security Act (42
U.S.C. 415(f)(1))) with respect to benefits payable for months after
October 1993.
SEC. 9. EXCLUSION OF MILITARY RESERVISTS FROM APPLICATION OF THE
GOVERNMENT PENSION OFFSET AND WINDFALL ELIMINATION
PROVISIONS.
(a) Exclusion from Government Pension Offset Provisions.--
Subsections (b)(4), (c)(2), (e)(7), (f)(2), and (g)(4) of section 202
of the Social Security Act (42 U.S.C. 402 (b)(4), (c)(2), (e)(7),
(f)(2), and (g)(4)) are each amended--
(1) in subparagraph (A)(ii), by striking ``unless
subparagraph (B) applies.'';
(2) in subparagraph (A), by striking ``The'' in the matter
following clause (ii) and inserting ``unless subparagraph (B)
applies. The''; and
(3) in subparagraph (B), by redesignating the existing
matter as clause (ii), and by inserting before such clause (ii)
(as so redesignated) the following:
``(B)(i) Subparagraph (A)(i) shall not apply with respect to
monthly periodic benefits based wholly on service as a member of a
uniformed service (as defined in section 210(m)).''.
(b) Exclusion From Windfall Elimination Provisions.--Section
215(a)(7)(A) of such Act (as amended by section 8(a) of this Act) and
section 215(d)(3) of such Act (as amended by section 8(b) of this Act)
are each further amended--
(1) by striking ``and'' before ``(II)''; and
(2) by striking ``section 233'' and inserting ``section
233, and (III) a payment based wholly on service as a member of
a uniformed service (as defined in section 210(m))''.
(c) Effective Date.--The amendments made by this section shall
apply (notwithstanding section 215(f) of the Social Security Act) with
respect to benefits payable for months after October 1993.
SEC. 10. REPEAL OF THE FACILITY-OF-PAYMENT PROVISION.
(a) Repeal of Rule Precluding Redistribution Under Family
Maximum.--Section 203(i) of the Social Security Act (42 U.S.C. 403(i))
is repealed.
(b) Coordination Under Family Maximum of Reduction in Beneficiary's
Auxiliary Benefits With Suspension of Auxiliary Benefits of Other
Beneficiary Under Earnings Test.--Section 203(a)(4) of such Act (42
U.S.C. 403(a)(4)) is amended by striking ``section 222(b). Whenever''
and inserting the following: ``section 222(b). Notwithstanding the
preceding sentence, any reduction under this subsection in the case of
an individual who is entitled to a benefit under subsection (b), (c),
(d), (e), (f), (g), or (h) of section 202 for any month on the basis of
the same wages and self-employment income as another person--
``(A) who also is entitled to a benefit under subsection
(b), (c), (d), (e), (f), (g), or (h) of section 202 for such
month,
``(B) who does not live in the same household as such
individual, and
``(C) whose benefit for such month is suspended (in whole
or in part) pursuant to subsection (h)(3) of this section,
shall be made before the suspension under subsection (h)(3).
Whenever''.
(c) Conforming Amendment Applying Earnings Reporting Requirement
Despite Suspension of Benefits.--The third sentence of section
203(h)(1)(A) of such Act (42 U.S.C. 403(h)(1)(A)) is amended by
striking ``Such report need not be made'' and all that follows through
``The Secretary may grant'' and inserting the following: ``Such report
need not be made for any taxable year--
``(i) beginning with or after the month in which such
individual attained age 70, or
``(ii) if benefit payments for all months (in such taxable
year) in which such individual is under age 70 have been
suspended under the provisions of the first sentence of
paragraph (3) of this subsection, unless--
``(I) such individual is entitled to benefits under
subsection (b), (c), (d), (e), (f), (g), or (h) of
section 202,
``(II) such benefits are reduced under subsection
(a) of this section for any month in such taxable year,
and
``(III) in any such month there is another person
who also is entitled to benefits under subsection (b),
(c), (d), (e), (f), (g), or (h) of section 202 on the
basis of the same wages and self-employment income and
who does not live in the same household as such
individual.
The Secretary may grant''.
(d) Conforming Amendment Deleting Special Income Tax Treatment of
Benefits No Longer Required by Reason of Repeal.--Section 86(d)(1) of
the Internal Revenue Code of 1986 (relating to income tax on social
security benefits) is amended by striking the last sentence.
(e) Effective Dates.--
(1) The amendments made by subsections (a), (b), and (c)
shall apply with respect to benefits payable for months after
December 1994.
(2) The amendment made by subsection (d) shall apply with
respect to benefits received after December 31, 1994, in
taxable years ending after such date.
SEC. 11. MAXIMUM FAMILY BENEFITS IN GUARANTEE CASES.
(a) In General.--Section 203(a) of the Social Security Act (42
U.S.C. 403(a)) is amended by adding at the end the following new
paragraph:
``(10)(A) Subject to subparagraphs (B) and (C)--
``(i) the total monthly benefits to which beneficiaries may
be entitled under sections 202 and 223 for a month on the basis
of the wages and self-employment income of an individual whose
primary insurance amount is computed under section
215(a)(2)(B)(i) shall equal the total monthly benefits which
were authorized by this section with respect to such
individual's primary insurance amount for the last month of his
prior entitlement to disability insurance benefits, increased
for this purpose by the general benefit increases and other
increases under section 215(i) that would have applied to such
total monthly benefits had the individual remained entitled to
disability insurance benefits until the month in which he
became entitled to old-age insurance benefits or reentitled to
disability insurance benefits or died, and
``(ii) the total monthly benefits to which beneficiaries
may be entitled under sections 202 and 223 for a month on the
basis of the wages and self-employment income of an individual
whose primary insurance amount is computed under section
215(a)(2)(C) shall equal the total monthly benefits which were
authorized by this section with respect to such individual's
primary insurance amount for the last month of his prior
entitlement to disability insurance benefits.
``(B) In any case in which--
``(i) the total monthly benefits with respect to such
individual's primary insurance amount for the last month of his
prior entitlement to disability insurance benefits was computed
under paragraph (6), and
``(ii) the individual's primary insurance amount is
computed under subparagraph (B)(i) or (C) of section 215(a)(2)
by reason of the individual's entitlement to old-age insurance
benefits or death,
the total monthly benefits shall equal the total monthly benefits that
would have been authorized with respect to the primary insurance amount
for the last month of his prior entitlement to disability insurance
benefits if such total monthly benefits had been computed without
regard to paragraph (6).
``(C) This paragraph shall apply before the application of
paragraph (3)(A), and before the application of section 203(a)(1) of
this Act as in effect in December 1978.''.
(b) Conforming Amendment.--Section 203(a)(8) of such Act (42 U.S.C.
403(a)(8)) is amended by striking ``Subject to paragraph (7),'' and
inserting ``Subject to paragraph (7) and except as otherwise provided
in paragraph (10)(C),''.
(c) Effective Date.--The amendments made by this section shall
apply for the purpose of determining the total monthly benefits to
which beneficiaries may be entitled under sections 202 and 223 of the
Social Security Act based on the wages and self-employment income of an
individual who--
(1) becomes entitled to an old-age insurance benefit under
section 202(a) of such Act,
(2) becomes reentitled to a disability insurance benefit
under section 223 of such Act, or
(3) dies,
after October 1993.
SEC. 12. AUTHORIZATION FOR DISCLOSURE BY THE SECRETARY OF HEALTH AND
HUMAN SERVICES OF INFORMATION FOR PURPOSES OF PUBLIC OR
PRIVATE EPIDEMIOLOGICAL AND SIMILAR RESEARCH.
(a) In General.--Section 1106 of the Social Security Act (42 U.S.C.
1306) is amended--
(1) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(2) in subsection (f) (as so redesignated), by striking
``subsection (d)'' and inserting ``subsection (e)''; and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Notwithstanding any other provision of this section, in any
case in which--
``(1) information regarding whether an individual is shown
on the records of the Secretary as being alive or deceased is
requested from the Secretary for purposes of epidemiological or
similar research which the Secretary finds may reasonably be
expected to contribute to a national health interest, and
``(2) the requester agrees to reimburse the Secretary for
providing such information and to comply with limitations on
safeguarding and rerelease or redisclosure of such information
as may be specified by the Secretary,
the Secretary shall comply with such request, except to the extent that
compliance with such request would constitute a violation of the terms
of any contract entered into under section 205(r).''.
(b) Availability of Information Returns Regarding Wages Paid
Employees.--Section 6103(l)(5) of the Internal Revenue Code of 1986
(relating to disclosure of returns and return information to the
Department of Health and Human Services for purposes other than tax
administration) is amended--
(1) by striking ``for the purpose of'' and inserting ``for
the purpose of--'';
(2) by striking ``carrying out, in accordance with an
agreement'' and inserting the following:
``(A) carrying out, in accordance with an
agreement'';
(3) by striking ``program.'' and inserting ``program; or'';
and
(4) by adding at the end the following new subparagraph:
``(B) providing information regarding the mortality
status of individuals for epidemiological and similar
research in accordance with section 1106(d) of the
Social Security Act.''.
(c) Effective Date.--The amendments made by this section shall
apply with respect to requests for information made after the date of
the enactment of this Act.
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