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History of SSA-Related Legislation
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109th Congress

  Unless specified in the statute, legislation is effective upon enactment.

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Acronyms used by this website

PL 109-13 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami Relief, 2005. (enacted 5/11/05)

Division A-Title VI Section 6076 prohibits funds from being used by a Federal agency to produce any prepackaged news story, unless the story includes a clear notification that it was prepared or funded by that Federal agency.
Division B- Title II Section 202 provides that beginning three years after enactment, Federal agencies are prohibited from accepting, for any official purpose, State-issued driver's licenses or identification cards unless such documents are determined to meet minimum document requirements and issuance standards. The issuance standards for such documents require, among other things: (1) proof of the person’s social security account number or verification that the person is not eligible for a social security account number; (2) evidence that the applicant is lawfully present in the United States; and (3) issuance of temporary driver's licenses or identification cards to persons temporarily present that are valid only for their period of authorized stay (or for one year where the period of stay is indefinite).
Section 202(d)(5) requires states in the issuance of drivers’ licenses and identification cards to confirm with SSA the full Social Security account number presented by a person. In the event that a Social Security account number is registered to or associated with another person to whom any State has issued a driver's license or identification card, the State must resolve the discrepancy and take appropriate action.

PL 109-64 An Act to exclude from consideration as income certain payments under the national flood insurance program. (enacted 9/20/05)

Section 1324 amends Chapter I of the National Flood Insurance Act of 1968 by adding a new section which provides that assistance provided under a program for flood mitigation activities with respect to a property shall not be considered income or a resource of the owner of the property when determining eligibility for or benefit levels under any income assistance or resource-tested program that is funded in whole or in part by a federal agency or by appropriated federal funds.

PL 109-77 Making continuing appropriations for the fiscal year 2006, and for other purposes. (enacted 9/30/05)

PL 109-77 (10/1/05-11/18/05) (enacted 9/30/05)
Making continuing appropriations for FY 2006 at FY 2005 levels until enactment of permanent FY 2006 appropriations.
Section 118 (a ) provides funds provided in section 101 of this joint resolution for ‘Social Security Administration, Limitation on Administrative Expenses’ may be used to complete the processing of appeals received prior to July 1, 2005, under sections 1852 and 1869 of the Social Security Act, notwithstanding section 931(b) of Public Law 108-173.
Section 118(b ) provides that the Commissioner of Social Security may enter into a reimbursable agreement with the Secretary of Health and Human Services to process, during fiscal year 2006, appeals received after June 30, 2005, and prior to October 1, 2005.

PL 109-91 QI, TMA, and Abstinence Programs Extension and Hurricane Katrina Unemployment Relief Act of 2005 (enacted 10/20/05)

Title I: Health Provisions - Amends Title XIX (Medicaid) of the Social Security Act to extend from September 2005 through September 2007 the qualified individual program (under which medical assistance is available for Medicare cost-sharing for individuals who would be qualified Medicare beneficiaries but for the fact that their income exceeds the state-established income level, and is between 120% and 135% of the official poverty line). Prescribes additional allocations for such program for the extended period. Effective 9/30/05.

 

Continuing Appropriations Resolution

PL 109-105 (11/18/05-12/17/05) (enacted 11/19/05)
Making continuing appropriations for FY 2006 at FY 2005 levels until enactment of permanent FY 2006 appropriations.

 

PL 109-115 Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (enacted 11/30/05)

Provides funding for IRS to reimburse SSA for the cost of implementing Section 1090 of the Taxpayer Relief Act of 1997, which required the Commissioner of Social Security to share with the Secretary of Treasury, for purposes of administering tax benefits based on support or residence of children, the social security account numbers of the parents of individuals who are assigned an SSN but who have not attained age 18.

 

Continuing Appropriations Resolution

PL 109-128 (12/17/05-12/31/05) (enacted 12/18/05)
Making continuing appropriations for FY 2006 at FY 2005 levels until enactment of permanent FY 2006 appropriations.

 

PL 109-149 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006. (enacted 12/30/05)

Title IV makes appropriations for FY 2006 to SSA . For payment to the OASI and DI Trust Funds, $20,470,000 is appropriated. For carrying out Titles XI and XVI of the Social Security Act, Section 401 of PL 92-603, Section 212 of PL 93-66, as amended, and Section 405 of PL 95-216, including payment to the Social Security trust funds for administrative expenses incurred pursuant to Section 201(g)(1) of the Social Security Act, $29,369,174,000 to remain available until expended. Such sums as may be necessary are allocated after June 15 of the current FY for benefit payments to individuals under Title XVI of the Social Security Act for unanticipated costs, and to make benefit payments under Title XVI for the first quarter of FY 2007 $11,110,000,000 will remain available until expended. Provides additional funds for LAE account and the OIG.

 

PL 109-163 National Defense Authorization Act for Fiscal Year 2006. (enacted 1/6/06)

Section 689 amends Section 1631(j)(1)(B) of the Social Security Act to provide that individuals who were made ineligible for SSI because of a spouses or parent(s) being called to active military duty would not have to file a new application for SSI benefits if they again could be eligible for benefits before the end of 24 consecutive months of ineligibility.

 

PL 109-171 Deficit Reduction Act of 2005 (enacted 2/8/06)

Section 5111 amendsthe Medicare Prescription Drug, Improvement, and Modernization Act of 2003 (MMA) and accelerates the phased-in increase in Medicare Part B premiums for higher-income individuals from five years to three years, with the provision fully phased in by 2009. Under this provision, the phase-in percentage is 33% in 2007, 67% in 2008, and 100% in 2009.
Section 6011 increases the Medicaid “look-back” period for transfer of assets for less than full market value from the current 36 months to 60 months. Also specifies that the date that the penalty for transfer of assets at less than full market value would begin with (1) the date of the transfer or, (2) the date of first possible eligibility for Medicaid (but for the transfer penalty), whichever is later. Provides for a hardship waiver of the penalty in cases in which its application would deprive an individual of medical care that would endanger his or her health or life, or would deprive the individual of food, clothing, and shelter. Also, requires States to provide individuals with notice of the availability of hardship waivers, a timely process for making hardship determinations, and a process under which determinations could be appealed.
Section 6015 p rovides that continuing care retirement and life care communities may require residents to spend resources declared on their entrance fee contracts for their care before applying for Medicaid. Treats entrance fees as resources for Medicaid purposes to the extent that the individual has the ability to use the entrance fee or the contract stipulates the entrance fee must be used to provide for care should other resources prove insufficient.
Section 6016 strengthens current Medicaid law concerning transfer of assets to limit the circumstances under which persons may intentionally shelter assets in order to qualify for Medicaid by: requiring States to apply partial month penalties; requiring States to accumulate transfers in computing the period of ineligibility; requiring that certain notes and loans are considered countable; and, limiting transfers to purchase life estates. Requires States to provide a notice of the undue hardship waiver process to any individual applying for Medicaid who would be subject to a penalty period so they may request a waiver of the penalty period. Also requires States to provide for a timely process for determining whether an undue hardship exists. Effective January 1, 2007.
Section 6062 allows parents to work and earn above-poverty wages while maintaining health care for their disabled children by providing Medicaid “buy-in” for disabled children whose family income or resources are at or below 300 percent of the poverty level ($60,000 for a family of four in 2006). Effective January 1, 2007.
Section 6065 amends the Social Security Act to begin Medicaid coverage for children who are eligible for SSI effective the month the SSI application is filed or the first month of SSI eligibility, whichever is later. Effective one year after date of enactment.
Section 7501 amends the Social Security Act to require the COSS to conduct reviews of a specific percentage of SSI initial disability and blindness cases of individuals aged 18 and older that are allowed by State disability determination service agencies (DDS). The provision is phased in as follows--for FY 2006, the Commissioner is required to review 20% of DDS allowances; in FY 2007, the requirement is 40%; and, for FYs 2008 and thereafter, 50% of all DDS allowances are required to be reviewed.
Section 7502 requires that past-due monthly SSI benefits that exceed three times the maximum monthly benefit (Federal benefit rate plus State supplementary payment amount, if any) payable to the individual be paid in up to three installment payments, six months apart. Also, limits the amount of the first two installment payments to three times the maximum monthly benefit. All remaining benefits due are to be paid in the third installment six months later. Effective three months after the date of enactment.

 

PL 109-182 An Act increasing the statutory limit on the public debt. (enacted 3/20/06)

Amends federal law to increase the statutory limit on the public debt from $8.184 trillion to $8.965 trillion.

 

PL 109-234 Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (enacted 6/15/06)

Section 1603 authorizes the head of an agency, during FYs 2006, 2007, and 2008, to provide to an individual employed by or assigned to that agency such agency allowances, benefits, and gratuities comparable to those provided by the Secretary of State to members of the Foreign Service, if such individual is on official duty in Iraq or Afghanistan. Section 2604 transfers specified FEMA disaster relief funds to SSA for necessary expenses and losses related to the consequences of the hurricanes.

 

Continuing Appropriations Resolution

PL 109-289 (10/1/06-11/17/06) (enacted 9/29/06)
Division B- Makes continuing appropriations for FY 2007.

 

PL 109-325 An Act to extend relocation expenses test programs for Federal employees. (enacted 10/11/06)

Extends the authority, for an additional four years, for relocation expenses test programs for federal employees. Eliminates the limitation on the period of time under which payment of relocation expenses under such programs may be paid. Makes this Act effective as though enacted as part of the Travel and Transportation Reform Act of 1998.

 

Continuing Appropriations Resolutions

PL 109-369 (11/17/06-12/8/06) (enacted 11/17/06)
Makes further continuing appropriations for FY 2007.
PL 109-383 (12/8/06-2/15/07) (enacted 12/9/06)
Makes further continuing appropriations for FY 2007, and for other purposes.

 

PL 109- 432 Tax Relief and Health Care Act of 2006 (enacted 12/20/06)

Division A, Title I Section 105 extends the Work Opportunity Tax Credit (WOTC) and Welfare to Work (WTW) Tax Credits for an additional two years (to include wages for individuals beginning work after December 31, 2005, and before January 1, 2008). Combines the two credits for wages for individuals who begin work for the employer after December 31, 2006. Expands eligibility for the WOTC. Eliminates the WOTC family income restrictions for ex-felons. Makes other minor modifications.
Division A, Title I Section 106 extends the present law that allows combat pay to be considered for earned income for calculation of earned income tax credit (EITC) purposes for one additional year (for taxable years ending before January 1, 2008). For SSI purposes, EITC payments are excluded from income, and are not a countable resource for nine calendar months following the month of receipt.
Division B, Title II, Section 206 allows limited continuous open enrollment of original Medicare fee-for-service enrollees into Medicare Advantage nonprescription drug plans.
Division B, Title II, Section 212 requires the COSS to revoke all existing assignments of retired coal miners and survivors of miners to coal operators (other than 1988 agreement holders). Individuals whose existing assignments are revoked as a result of this legislation will become unassigned beneficiaries and will not be reassigned. Existing assignments to 1988 agreement holders are not affected. All future new assignments will be made to 1988 agreement holders. Effective for existing assignments and reassignments on and after 10/1/07.

 

PL 109-465 Social Security Trust Funds Restoration Act of 2006 (enacted 12/22/06)

 


Provides an appropriation of the amount of funds needed to restore fully the OASI Trust Fund and the DI Trust Fund from the consequences of a bookkeeping error at SSA that resulted in the overpayment of amounts transferred from each Trust Fund to the IRS from 1999 through 2005 as transfers of anticipated taxes on Social Security benefit payments under the voluntary withholding program authorized by Section 3402(p) of the IRC of 1986. Appropriates an amount to be determined by the Secretary of the Treasury, in consultation with the COSS, equal to the difference between: the total amount that the Social Security Trust Funds have lost (including interest that would have been earned, calculated at the statutory Social Security investment rate); and the total amount that the IRS has already refunded to SSA under existing IRC authority (including interest that the IRS paid, calculated at the statutory IRS interest rate). Directs the Secretary of the Treasury to invest the amount appropriated to each Trust Fund in accordance with currently applicable investment policy for that Trust Fund. Requires the Secretary of the Treasury, in cooperation with the COSS, to accomplish the required restoration within 120 days after the date of enactment of the Act. In addition, requires the Secretary of the Treasury to notify Congress in writing of the actions taken not later than 30 days after taking the last action.

PL 109-478 Railroad Retirement Disability Earnings Act (enacted 1/12/07)

 

 

Amends Section 2(e)(4) of the Railroad Retirement Act of 1974 by by replacing the $400 in earnings limit that an individual under retirement age can earn while continuing to receive an annuity due to a disabling permanent physical or mental condition with a monthly allowable earning. Replaces the $4,800 in earnings limit that such an individual can earn while continuing to receive such an annuity with an annual earning limitation computed by totaling the monthly allowable earning for each month of the year. Sets forth a calculation for determining payment of the annuity if the annual earning exceeds the annual allowable earning. Sets the monthly allowable earning at $700 and for years after 2007 as the larger of the amount for the previous year or the amount calculated using a formula based on the national average wage index.

 
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