TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
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TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
(House of Representatives - October 19, 1999)
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[Pages
H10241-H10266]
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
Mr. ARCHER. Mr. Speaker, I move to suspend the rules and pass the
bill (
H.R. 1180) to amend the Social Security Act to expand the
availability of health care coverage for working individuals with
disabilities, to establish a Ticket to Work and Self-Sufficiency
Program in the Social Security Administration to provide such
individuals with meaningful opportunities to work, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 1180
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ticket to
Work and Work Incentives Improvement Act of 1999''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TICKET TO WORK AND SELF-SUFFICIENCY AND RELATED PROVISIONS
Subtitle A--Ticket to Work and Self-Sufficiency
Sec. 101. Establishment of the Ticket to Work and Self-Sufficiency
Program.
Subtitle B--Elimination of Work Disincentives
Sec. 111. Work activity standard as a basis for review of an
individual's disabled status.
Sec. 112. Expedited reinstatement of disability benefits.
Subtitle C--Work Incentives Planning, Assistance, and Outreach
Sec. 121. Work incentives outreach program.
Sec. 122. State grants for work incentives assistance to disabled
beneficiaries.
TITLE II--EXPANDED AVAILABILITY OF HEALTH CARE SERVICES
Sec. 201. Expanding State options under the medicaid program for
workers with disabilities.
Sec. 202. Extending medicare coverage for OASDI disability benefit
recipients.
Sec. 203. Grants to develop and establish State infrastructures to
support working individuals with disabilities.
Sec. 204. Demonstration of coverage under the medicaid program of
workers with potentially severe disabilities.
Sec. 205. Election by disabled beneficiaries to suspend medigap
insurance when covered under a group health plan.
TITLE III--DEMONSTRATION PROJECTS AND STUDIES
Sec. 301. Extension of disability insurance program demonstration
project authority.
Sec. 302. Demonstration projects providing for reductions in disability
insurance benefits based on earnings.
Sec. 303. Studies and reports.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Sec. 401. Technical amendments relating to drug addicts and alcoholics.
Sec. 402. Treatment of prisoners.
Sec. 403. Revocation by members of the clergy of exemption from social
security coverage.
Sec. 404. Additional technical amendment relating to cooperative
research or demonstration projects under titles II and
XVI.
Sec. 405. Authorization for State to permit annual wage reports.
Sec. 406. Assessment on attorneys who receive their fees via the Social
Security Administration.
Sec. 407. Prevention of fraud and abuse associated with certain
payments under the medicaid program.Extension of
authority of State medicaid fraud control units.
Sec. 408. Extension of authority of State medicaid fraud control units.
Sec. 409. Special allowance adjustment for student loans.
TITLE I--TICKET TO WORK AND SELF-SUFFICIENCY AND RELATED PROVISIONS
Subtitle A--Ticket to Work and Self-Sufficiency
SEC. 101. ESTABLISHMENT OF 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 after
section 1147 (as added by section 8 of the Noncitizen Benefit
Clarification and Other Technical Amendments Act of 1998
(Public Law 105-306; 112 Stat. 2928)) the following:
``the ticket to work and self-sufficiency program
``Sec. 1148. (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) In general.--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 as an employment network with
respect to a disabled beneficiary. If the State agency does
elect to participate in the Program, the State agency also
shall elect to be paid under the outcome payment system or
the outcome-milestone payment system in accordance with
subsection (h)(1). With respect to a disabled beneficiary
that the State agency does not elect to have participate in
the Program, the State agency shall be paid for services
provided to that beneficiary under the system for payment
applicable under section 222(d) and subsections (d) and (e)
of section 1615. The Commissioner shall provide for periodic
opportunities for exercising such elections.
``(2) Effect of participation by state agency.--
``(A) State agencies participating.--In any case in which a
State agency described in paragraph (1) elects under that
paragraph to participate in the Program, 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.
``(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.
``(3) Agreements between state agencies and employment
networks.--State agencies and employment networks shall enter
into agreements regarding the conditions under which services
will be provided when an individual is referred by an
employment network to a State agency for services. The
Commissioner of Social Security shall establish by
regulations the timeframe within which such agreements must
be entered into and the mechanisms for dispute resolution
between State agencies and employment networks with respect
to such agreements.
``(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
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terms. Such performance standards shall include--
``(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.--
``(A) In general.--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).
``(B) Alternate participants.--In any State where the
Program is being implemented, the Commissioner shall enter
into an agreement with any alternate participant that is
operating under the authority of section 222(d)(2) in the
State as of the date of enactment of this section and chooses
to serve as an employment network under the Program.
``(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 solicit and
consider 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 that the periodic
surveys of beneficiaries receiving services under the Program
are designed to measure customer service satisfaction.
``(7) Dispute resolution.--The Commissioner shall provide
for a mechanism for resolving disputes between beneficiaries
and employment networks, between program managers and
employment networks, and between program managers and
providers of services. 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 without being deemed to have rejected
services under the Program. When such a change occurs, the
program manager shall reassign the ticket based on the choice
of the beneficiary. Upon the request of the employment
network, the program manager shall make a determination of
the allocation of the outcome or milestone-outcome payments
based on the services provided by each employment network.
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 formats.
``(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. Services
provided under the Program may include case management, work
incentives planning, 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 available
in each service area.
``(f) Employment Networks.--
``(1) Qualifications for employment networks.--
``(A) In general.--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, that 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).
``(B) One-stop delivery systems.--An employment network
serving under the Program may consist of a one-stop delivery
system established under subtitle B of title I of the
Workforce Investment Act of 1998.
``(C) Compliance with selection criteria.--No employment
network may serve under the Program unless it meets and
maintains compliance with both general selection criteria
(such as professional and educational qualifications, where
applicable) and specific selection criteria (such as
substantial expertise and experience in providing relevant
employment services and supports).
``(D) Single or associated providers allowed.--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; and
``(B) 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. 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) Requirements.--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 that
meet the requirements of subparagraph (C);
``(B) develop and implement each such individual work plan,
in partnership with 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;
``(C) ensure that each individual work plan includes at
least--
``(i) a statement of the vocational goal developed with the
beneficiary, including, as appropriate, goals for earnings
and job advancement;
``(ii) a statement of the services and supports that have
been deemed necessary for the beneficiary to accomplish that
goal;
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``(iii) a statement of any terms and conditions related to
the provision of such services and supports; and
``(iv) a statement of understanding regarding the
beneficiary's rights under the Program (such as the right to
retrieve the ticket to work and self-sufficiency if the
beneficiary is dissatisfied with the services being provided
by the employment network) and remedies available to the
individual, including information on the availability of
advocacy services and assistance in resolving disputes
through the State grant program authorized under section
1150;
``(D) provide a beneficiary the opportunity to amend the
individual work plan if a change in circumstances
necessitates a change in the plan; and
``(E) make each beneficiary's individual work plan
available to the beneficiary in, as appropriate, an
accessible format chosen by the beneficiary.
``(2) Effective upon written approval.--A beneficiary's
individual work plan shall take effect upon written approval
by the beneficiary or a representative of the beneficiary and
a representative of the employment network that, in providing
such written approval, acknowledges assignment of the
beneficiary's ticket to work and self-sufficiency.
``(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) No change in method of payment for beneficiaries with
tickets already assigned to the employment networks.--Any
election of a payment system by an employment network that
would result in a change in the method of payment to the
employment network for services provided to a beneficiary who
is receiving services from the employment network at the time
of the election shall not be effective with respect to
payment for services provided to that beneficiary and the
method of payment previously selected shall continue to apply
with respect to such services.
``(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 (3) and (4) of subsection (k)) are
not payable to such individual because of work or earnings.
``(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 month during the outcome payment
period for which benefits (described in paragraphs (3) and
(4) 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, that are directed
toward the goal of permanent employment. Such milestones
shall form a part of a payment structure that 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.--In 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 18 years of age but have not attained 65 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 (3) and (4) of
subsection (k)) are not payable to such individual by reason
of engagement in substantial gainful activity or by reason of
earnings from 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
substantial gainful activity or by reason of earnings from
work activity.
``(5) Periodic review and alterations of prescribed
schedules.--
``(A) Percentages and periods.--The Commissioner 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 Work Incentives Advisory Panel
established by section 101(f) of the Ticket to Work and Work
Incentives Improvement Act of 1999, 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 Work
Incentives Advisory Panel established by section 101(f) of
the Ticket to Work and Work Incentives Improvement Act of
1999, or other reliable sources.
``(C) Report on the adequacy of incentives.--The
Commissioner shall submit to Congress not later than 36
months after the date of the enactment of the Ticket to Work
and Work Incentives Improvement Act of 1999 a report with
recommendations for a method or methods to adjust payment
rates under subparagraphs (A) and (B), that would ensure
adequate incentives for the provision of services by
employment networks of--
``(i) individuals with a need for ongoing support and
services;
``(ii) individuals with a need for high-cost
accommodations;
``(iii) individuals who earn a subminimum wage; and
``(iv) individuals who work and receive partial cash
benefits.
The Commissioner shall consult with the Ticket to Work and
Work Incentives Advisory Panel established under section
101(f) of the Ticket to Work and Work Incentives Improvement
Act of 1999 during the development and evaluation of the
study. The Commissioner shall implement the necessary
adjusted payment rates prior to full implementation of the
Ticket to Work and Self-Sufficiency Program.
``(i) Suspension of Disability Reviews.--During any period
for which an individual is using, as defined by the
Commissioner, 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) Payments to employment networks.--
``(A) 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
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as may be necessary to make payments to employment networks
under this section. 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.
``(B) 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.
``(2) Administrative expenses.--The costs of administering
this section (other than payments to employment networks)
shall be paid from amounts made available for the
administration of title II and amounts made available for the
administration of title XVI, and shall be allocated among
such amounts as appropriate.
``(k) Definitions.--In this section:
``(1) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(2) Disabled beneficiary.--The term `disabled
beneficiary' means a title II disability beneficiary or a
title XVI disability beneficiary.
``(3) 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.
``(4) 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.
``(5) 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.--Not later than 1 year after the date of
the enactment of the Ticket to Work and Work Incentives
Improvement Act of 1999, the Commissioner 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(i) of the Social Security Act (42 U.S.C.
421(i)) is amended by adding at the end the following:
``(5) For suspension of reviews under this subsection in
the case of an individual using a ticket to work and self-
sufficiency, see section 1148(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 1148 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 1148 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:
``(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 1148(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 ability to provide tickets and services to individuals
under the Program exists in every State as soon as
practicable on or after the effective date specified in
subsection (c) but not later than 3 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) Consultation.--The Commissioner shall design and carry
out 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 and
consulting with the Ticket to Work and Work Incentives
Advisory Panel established under section 101(f), the
Comptroller General of the United States, other agencies of
the Federal Government, and private organizations with
appropriate expertise.
(C) Methodology.--
(i) Implementation.--The Commissioner, in consultation with
the Ticket to Work and Work Incentives Advisory Panel
established under section 101(f), shall ensure that plans for
evaluations and data collection methods under the Program are
appropriately designed to obtain detailed employment
information.
(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 individuals in possession of
tickets under the Program who are not accepted for services
and, to the extent reasonably determinable, the reasons for
which such beneficiaries were not accepted for services;
(VII) the characteristics of providers whose services are
provided within an employment network under the Program;
(VIII) the extent (if any) to which employment networks
display a greater willingness to provide services to
beneficiaries with a range of disabilities;
(IX) 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;
(X) measures of satisfaction among beneficiaries in receipt
of tickets under the Program; and
(XI) 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.
(D) 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
[[Page
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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) for prompt
referrals to a State agency; and
(ii) the authority of the Commissioner under section
222(d)(2) of the Social Security 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
3 years after the effective date provided in subsection (c).
(e) 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--
(A) the form and manner in which tickets to work and self-
sufficiency may be distributed to beneficiaries pursuant to
section 1148(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 pursuant to section 1148(c)(1) of such Act and
provision for periodic opportunities for exercising such
elections;
(D) the status of State agencies under section 1148(c)(1)
of such Act at the time that State agencies exercise
elections under that section;
(E) the terms of agreements to be entered into with program
managers pursuant to section 1148(d) of such Act, including--
(i) the terms by which program managers are precluded from
direct participation in the delivery of services pursuant to
section 1148(d)(3) of such Act;
(ii) standards which must be met by quality assurance
measures referred to in paragraph (6) of section 1148(d) of
such Act and methods of recruitment of employment networks
utilized pursuant to paragraph (2) of section 1148(e) of such
Act; and
(iii) the format under which dispute resolution will
operate under section 1148(d)(7) of such Act;
(F) the terms of agreements to be entered into with
employment networks pursuant to section 1148(d)(4) of such
Act, including--
(i) the manner in which service areas are specified
pursuant to section 1148(f)(2)(A) of such Act;
(ii) the general selection criteria and the specific
selection criteria which are applicable to employment
networks under section 1148(f)(1)(C) of such Act in selecting
service providers;
(iii) specific requirements relating to annual financial
reporting by employment networks pursuant to section
1148(f)(3) of such Act; and
(iv) the national model to which periodic outcomes
reporting by employment networks must conform under section
1148(f)(4) of such Act;
(G) standards which must be met by individual work plans
pursuant to section 1148(g) of such Act;
(H) standards which must be met by payment systems required
under section 1148(h) of such Act, including--
(i) the form and manner in which elections by employment
networks of payment systems are to be exercised pursuant to
section 1148(h)(1)(A) of such Act;
(ii) the terms which must be met by an outcome payment
system under section 1148(h)(2) of such Act;
(iii) the terms which must be met by an outcome-milestone
payment system under section 1148(h)(3) of such Act;
(iv) any revision of the percentage specified in paragraph
(2)(C) of section 1148(h) of such Act or the period of time
specified in paragraph (4)(B) of such section 1148(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.
(f) The Ticket to Work and Work Incentives Advisory
Panel.--
(1) Establishment.--There is established within the Social
Security Administration a panel to be known as the ``Ticket
to Work and Work Incentives 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 President, the Congress, and the
Commissioner of Social Security on issues related to work
incentives programs, planning, and assistance for individuals
with disabilities, including work incentive provisions under
titles II, XI, XVI, XVIII, and XIX of the Social Security Act
(42 U.S.C. 401 et seq., 1301 et seq., 1381 et seq., 1395 et
seq., 1396 et seq.); and
(B) with respect to the Ticket to Work and Self-Sufficiency
Program established under section 1148 of such Act--
(i) advise the Commissioner of Social Security with respect
to establishing phase-in sites for such Program and fully
implementing the Program thereafter, 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;
(ii) advise the Commissioner regarding the most effective
designs for research and demonstration projects associated
with the Program or conducted pursuant to section 302 of this
Act;
(iii) advise the Commissioner on the development of
performance measurements relating to quality assurance under
section 1148(d)(6) of the Social Security Act; and
(iv) furnish progress reports on the Program to the
Commissioner and each House of Congress.
(3) Membership.--
(A) Number and appointment.--The Panel shall be composed of
12 members as follows:
(i) 4 members appointed by the President, not more than 2
of whom may be of the same political party;
(ii) 2 members appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the
Committee on Ways and Means of the House of Representatives;
(iii) 2 members appointed by the minority leader of the
House of Representatives, in consultation with the ranking
member of the Committee on Ways and Means of the House of
Representatives;
(iv) 2 members appointed by the majority leader of the
Senate, in consultation with the Chairman of the Committee on
Finance of the Senate; and
(v) 2 members appointed by the minority leader of the
Senate, in consultation with the ranking member of the
Committee on Finance of the Senate.
(B) Representation.--Of the members appointed under
subparagraph (A), at least 8 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 2 shall represent the interests of recipients
of employment services, vocational rehabilitation services,
and other support services;
(ii) at least 2 shall represent the interests of providers
of employment services, vocational rehabilitation services,
and other support services;
(iii) at least 2 shall represent the interests of private
employers; and
(iv) at least 2 shall represent the interests of employees.
At least \1/2\ of the members described in each clause of
subparagraph (A) shall be individuals with disabilities, or
representatives of individuals with disabilities, with
consideration to current or former title II disability
beneficiaries or title XVI disability beneficiaries (as such
terms are defined in section 1148(k) of the Social Security
Act (as added by subsection (a)).
(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) \1/2\ of the members appointed under subparagraph (A)
shall be appointed for a term of 2 years; and
(II) the remaining 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, and
in a manner, that is consistent with guidelines established
under section 7 of the Federal Advisory Committee Act (5
U.S.C. App.).
(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.
[[Page
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(F) Quorum.--8 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, and paid at a rate, and in a manner,
that is consistent with guidelines established under section
7 of the Federal Advisory Committee Act (5 U.S.C. App.).
(B) Staff.--Subject to rules prescribed by the Commissioner
of Social Security, 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 Commissioner of Social Security, 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.
(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 eight 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.
Subtitle B--Elimination of Work Disincentives
SEC. 111. WORK ACTIVITY STANDARD AS A BASIS FOR REVIEW OF AN
INDIVIDUAL'S DISABLED STATUS.
(a) In General.--Section 221 of the Social Security Act (42
U.S.C. 421) is amended by adding at the end the following:
``(m)(1) In any case where 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)) has
received such benefits for at least 24 months--
``(A) no continuing disability review conducted by the
Commissioner may be scheduled for the individual solely as a
result of the individual's work activity;
``(B) no work activity engaged in by the individual may be
used as evidence that the individual is no longer disabled;
and
``(C) no cessation of work activity by the individual may
give rise to a presumption that the individual is unable to
engage in work.
``(2) An individual to which paragraph (1) applies shall
continue to be subject to--
``(A) continuing disability reviews on a regularly
scheduled basis that is not triggered by work; and
``(B) termination of benefits under this title in the event
that the individual has earnings that exceed the level of
earnings established by the Commissioner to represent
substantial gainful activity.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2003.
SEC. 112. EXPEDITED REINSTATEMENT OF DISABILITY BENEFITS.
(a) OASDI Benefits.--Section 223 of the Social Security Act
(42 U.S.C. 423) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``Reinstatement of Entitlement
``(i)(1)(A) Entitlement to benefits described in
subparagraph (B)(i)(I) shall be reinstated in any case where
the Commissioner determines that an individual described in
subparagraph (B) has filed a request for reinstatement
meeting the requirements of paragraph (2)(A) during the
period prescribed in subparagraph (C). Reinstatement of such
entitlement shall be in accordance with the terms of this
subsection.
``(B) An individual is described in this subparagraph if--
``(i) prior to the month in which the individual files a
request for reinstatement--
``(I) the individual was entitled to benefits under this
section or section 202 on the basis of disability pursuant to
an application filed therefor; and
``(II) such entitlement terminated due to the performance
of substantial gainful activity;
``(ii) the individual is under a disability and the
physical or mental impairment that is the basis for the
finding of disability is the same as (or related to) the
physical or mental impairment that was the basis for the
finding of disability that gave rise to the entitlement
described in clause (i); and
``(iii) the individual's disability renders the individual
unable to perform substantial gainful activity.
``(C)(i) Except as provided in clause (ii), the period
prescribed in this subparagraph with respect to an individual
is 60 consecutive months beginning with the month following
the most recent month for which the individual was entitled
to a benefit described in subparagraph (B)(i)(I) prior to the
entitlement termination described in subparagraph (B)(i)(II).
``(ii) In the case of an individual who fails to file a
reinstatement request within the period prescribed in clause
(i), the Commissioner may extend the period if the
Commissioner determines that the individual had good cause
for the failure to so file.
``(2)(A)(i) A request for reinstatement shall be filed in
such form, and containing such information, as the
Commissioner may prescribe.
``(ii) A request for reinstatement shall include express
declarations by the individual that the individual meets the
requirements specified in clauses (ii) and (iii) of paragraph
(1)(B).
``(B) A request for reinstatement filed in accordance with
subparagraph (A) may constitute an application for benefits
in the case of any individual who the Commissioner determines
is not entitled to reinstated benefits under this subsection.
``(3) In determining whether an individual meets the
requirements of paragraph (1)(B)(ii), the provisions of
subsection (f) shall apply.
``(4)(A)(i) Subject to clause (ii), entitlement to benefits
reinstated under this subsection shall commence with the
benefit payable for the month in which a request for
reinstatement is filed.
``(ii) An individual whose entitlement to a benefit for any
Major Actions:
All articles in House section
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
(House of Representatives - October 19, 1999)
Text of this article available as:
TXT
PDF
[Pages
H10241-H10266]
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
Mr. ARCHER. Mr. Speaker, I move to suspend the rules and pass the
bill (
H.R. 1180) to amend the Social Security Act to expand the
availability of health care coverage for working individuals with
disabilities, to establish a Ticket to Work and Self-Sufficiency
Program in the Social Security Administration to provide such
individuals with meaningful opportunities to work, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 1180
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ticket to
Work and Work Incentives Improvement Act of 1999''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TICKET TO WORK AND SELF-SUFFICIENCY AND RELATED PROVISIONS
Subtitle A--Ticket to Work and Self-Sufficiency
Sec. 101. Establishment of the Ticket to Work and Self-Sufficiency
Program.
Subtitle B--Elimination of Work Disincentives
Sec. 111. Work activity standard as a basis for review of an
individual's disabled status.
Sec. 112. Expedited reinstatement of disability benefits.
Subtitle C--Work Incentives Planning, Assistance, and Outreach
Sec. 121. Work incentives outreach program.
Sec. 122. State grants for work incentives assistance to disabled
beneficiaries.
TITLE II--EXPANDED AVAILABILITY OF HEALTH CARE SERVICES
Sec. 201. Expanding State options under the medicaid program for
workers with disabilities.
Sec. 202. Extending medicare coverage for OASDI disability benefit
recipients.
Sec. 203. Grants to develop and establish State infrastructures to
support working individuals with disabilities.
Sec. 204. Demonstration of coverage under the medicaid program of
workers with potentially severe disabilities.
Sec. 205. Election by disabled beneficiaries to suspend medigap
insurance when covered under a group health plan.
TITLE III--DEMONSTRATION PROJECTS AND STUDIES
Sec. 301. Extension of disability insurance program demonstration
project authority.
Sec. 302. Demonstration projects providing for reductions in disability
insurance benefits based on earnings.
Sec. 303. Studies and reports.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Sec. 401. Technical amendments relating to drug addicts and alcoholics.
Sec. 402. Treatment of prisoners.
Sec. 403. Revocation by members of the clergy of exemption from social
security coverage.
Sec. 404. Additional technical amendment relating to cooperative
research or demonstration projects under titles II and
XVI.
Sec. 405. Authorization for State to permit annual wage reports.
Sec. 406. Assessment on attorneys who receive their fees via the Social
Security Administration.
Sec. 407. Prevention of fraud and abuse associated with certain
payments under the medicaid program.Extension of
authority of State medicaid fraud control units.
Sec. 408. Extension of authority of State medicaid fraud control units.
Sec. 409. Special allowance adjustment for student loans.
TITLE I--TICKET TO WORK AND SELF-SUFFICIENCY AND RELATED PROVISIONS
Subtitle A--Ticket to Work and Self-Sufficiency
SEC. 101. ESTABLISHMENT OF 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 after
section 1147 (as added by section 8 of the Noncitizen Benefit
Clarification and Other Technical Amendments Act of 1998
(Public Law 105-306; 112 Stat. 2928)) the following:
``the ticket to work and self-sufficiency program
``Sec. 1148. (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) In general.--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 as an employment network with
respect to a disabled beneficiary. If the State agency does
elect to participate in the Program, the State agency also
shall elect to be paid under the outcome payment system or
the outcome-milestone payment system in accordance with
subsection (h)(1). With respect to a disabled beneficiary
that the State agency does not elect to have participate in
the Program, the State agency shall be paid for services
provided to that beneficiary under the system for payment
applicable under section 222(d) and subsections (d) and (e)
of section 1615. The Commissioner shall provide for periodic
opportunities for exercising such elections.
``(2) Effect of participation by state agency.--
``(A) State agencies participating.--In any case in which a
State agency described in paragraph (1) elects under that
paragraph to participate in the Program, 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.
``(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.
``(3) Agreements between state agencies and employment
networks.--State agencies and employment networks shall enter
into agreements regarding the conditions under which services
will be provided when an individual is referred by an
employment network to a State agency for services. The
Commissioner of Social Security shall establish by
regulations the timeframe within which such agreements must
be entered into and the mechanisms for dispute resolution
between State agencies and employment networks with respect
to such agreements.
``(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
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terms. Such performance standards shall include--
``(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.--
``(A) In general.--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).
``(B) Alternate participants.--In any State where the
Program is being implemented, the Commissioner shall enter
into an agreement with any alternate participant that is
operating under the authority of section 222(d)(2) in the
State as of the date of enactment of this section and chooses
to serve as an employment network under the Program.
``(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 solicit and
consider 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 that the periodic
surveys of beneficiaries receiving services under the Program
are designed to measure customer service satisfaction.
``(7) Dispute resolution.--The Commissioner shall provide
for a mechanism for resolving disputes between beneficiaries
and employment networks, between program managers and
employment networks, and between program managers and
providers of services. 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 without being deemed to have rejected
services under the Program. When such a change occurs, the
program manager shall reassign the ticket based on the choice
of the beneficiary. Upon the request of the employment
network, the program manager shall make a determination of
the allocation of the outcome or milestone-outcome payments
based on the services provided by each employment network.
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 formats.
``(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. Services
provided under the Program may include case management, work
incentives planning, 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 available
in each service area.
``(f) Employment Networks.--
``(1) Qualifications for employment networks.--
``(A) In general.--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, that 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).
``(B) One-stop delivery systems.--An employment network
serving under the Program may consist of a one-stop delivery
system established under subtitle B of title I of the
Workforce Investment Act of 1998.
``(C) Compliance with selection criteria.--No employment
network may serve under the Program unless it meets and
maintains compliance with both general selection criteria
(such as professional and educational qualifications, where
applicable) and specific selection criteria (such as
substantial expertise and experience in providing relevant
employment services and supports).
``(D) Single or associated providers allowed.--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; and
``(B) 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. 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) Requirements.--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 that
meet the requirements of subparagraph (C);
``(B) develop and implement each such individual work plan,
in partnership with 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;
``(C) ensure that each individual work plan includes at
least--
``(i) a statement of the vocational goal developed with the
beneficiary, including, as appropriate, goals for earnings
and job advancement;
``(ii) a statement of the services and supports that have
been deemed necessary for the beneficiary to accomplish that
goal;
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``(iii) a statement of any terms and conditions related to
the provision of such services and supports; and
``(iv) a statement of understanding regarding the
beneficiary's rights under the Program (such as the right to
retrieve the ticket to work and self-sufficiency if the
beneficiary is dissatisfied with the services being provided
by the employment network) and remedies available to the
individual, including information on the availability of
advocacy services and assistance in resolving disputes
through the State grant program authorized under section
1150;
``(D) provide a beneficiary the opportunity to amend the
individual work plan if a change in circumstances
necessitates a change in the plan; and
``(E) make each beneficiary's individual work plan
available to the beneficiary in, as appropriate, an
accessible format chosen by the beneficiary.
``(2) Effective upon written approval.--A beneficiary's
individual work plan shall take effect upon written approval
by the beneficiary or a representative of the beneficiary and
a representative of the employment network that, in providing
such written approval, acknowledges assignment of the
beneficiary's ticket to work and self-sufficiency.
``(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) No change in method of payment for beneficiaries with
tickets already assigned to the employment networks.--Any
election of a payment system by an employment network that
would result in a change in the method of payment to the
employment network for services provided to a beneficiary who
is receiving services from the employment network at the time
of the election shall not be effective with respect to
payment for services provided to that beneficiary and the
method of payment previously selected shall continue to apply
with respect to such services.
``(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 (3) and (4) of subsection (k)) are
not payable to such individual because of work or earnings.
``(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 month during the outcome payment
period for which benefits (described in paragraphs (3) and
(4) 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, that are directed
toward the goal of permanent employment. Such milestones
shall form a part of a payment structure that 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.--In 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 18 years of age but have not attained 65 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 (3) and (4) of
subsection (k)) are not payable to such individual by reason
of engagement in substantial gainful activity or by reason of
earnings from 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
substantial gainful activity or by reason of earnings from
work activity.
``(5) Periodic review and alterations of prescribed
schedules.--
``(A) Percentages and periods.--The Commissioner 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 Work Incentives Advisory Panel
established by section 101(f) of the Ticket to Work and Work
Incentives Improvement Act of 1999, 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 Work
Incentives Advisory Panel established by section 101(f) of
the Ticket to Work and Work Incentives Improvement Act of
1999, or other reliable sources.
``(C) Report on the adequacy of incentives.--The
Commissioner shall submit to Congress not later than 36
months after the date of the enactment of the Ticket to Work
and Work Incentives Improvement Act of 1999 a report with
recommendations for a method or methods to adjust payment
rates under subparagraphs (A) and (B), that would ensure
adequate incentives for the provision of services by
employment networks of--
``(i) individuals with a need for ongoing support and
services;
``(ii) individuals with a need for high-cost
accommodations;
``(iii) individuals who earn a subminimum wage; and
``(iv) individuals who work and receive partial cash
benefits.
The Commissioner shall consult with the Ticket to Work and
Work Incentives Advisory Panel established under section
101(f) of the Ticket to Work and Work Incentives Improvement
Act of 1999 during the development and evaluation of the
study. The Commissioner shall implement the necessary
adjusted payment rates prior to full implementation of the
Ticket to Work and Self-Sufficiency Program.
``(i) Suspension of Disability Reviews.--During any period
for which an individual is using, as defined by the
Commissioner, 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) Payments to employment networks.--
``(A) 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
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as may be necessary to make payments to employment networks
under this section. 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.
``(B) 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.
``(2) Administrative expenses.--The costs of administering
this section (other than payments to employment networks)
shall be paid from amounts made available for the
administration of title II and amounts made available for the
administration of title XVI, and shall be allocated among
such amounts as appropriate.
``(k) Definitions.--In this section:
``(1) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(2) Disabled beneficiary.--The term `disabled
beneficiary' means a title II disability beneficiary or a
title XVI disability beneficiary.
``(3) 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.
``(4) 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.
``(5) 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.--Not later than 1 year after the date of
the enactment of the Ticket to Work and Work Incentives
Improvement Act of 1999, the Commissioner 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(i) of the Social Security Act (42 U.S.C.
421(i)) is amended by adding at the end the following:
``(5) For suspension of reviews under this subsection in
the case of an individual using a ticket to work and self-
sufficiency, see section 1148(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 1148 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 1148 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:
``(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 1148(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 ability to provide tickets and services to individuals
under the Program exists in every State as soon as
practicable on or after the effective date specified in
subsection (c) but not later than 3 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) Consultation.--The Commissioner shall design and carry
out 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 and
consulting with the Ticket to Work and Work Incentives
Advisory Panel established under section 101(f), the
Comptroller General of the United States, other agencies of
the Federal Government, and private organizations with
appropriate expertise.
(C) Methodology.--
(i) Implementation.--The Commissioner, in consultation with
the Ticket to Work and Work Incentives Advisory Panel
established under section 101(f), shall ensure that plans for
evaluations and data collection methods under the Program are
appropriately designed to obtain detailed employment
information.
(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 individuals in possession of
tickets under the Program who are not accepted for services
and, to the extent reasonably determinable, the reasons for
which such beneficiaries were not accepted for services;
(VII) the characteristics of providers whose services are
provided within an employment network under the Program;
(VIII) the extent (if any) to which employment networks
display a greater willingness to provide services to
beneficiaries with a range of disabilities;
(IX) 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;
(X) measures of satisfaction among beneficiaries in receipt
of tickets under the Program; and
(XI) 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.
(D) 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
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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) for prompt
referrals to a State agency; and
(ii) the authority of the Commissioner under section
222(d)(2) of the Social Security 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
3 years after the effective date provided in subsection (c).
(e) 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--
(A) the form and manner in which tickets to work and self-
sufficiency may be distributed to beneficiaries pursuant to
section 1148(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 pursuant to section 1148(c)(1) of such Act and
provision for periodic opportunities for exercising such
elections;
(D) the status of State agencies under section 1148(c)(1)
of such Act at the time that State agencies exercise
elections under that section;
(E) the terms of agreements to be entered into with program
managers pursuant to section 1148(d) of such Act, including--
(i) the terms by which program managers are precluded from
direct participation in the delivery of services pursuant to
section 1148(d)(3) of such Act;
(ii) standards which must be met by quality assurance
measures referred to in paragraph (6) of section 1148(d) of
such Act and methods of recruitment of employment networks
utilized pursuant to paragraph (2) of section 1148(e) of such
Act; and
(iii) the format under which dispute resolution will
operate under section 1148(d)(7) of such Act;
(F) the terms of agreements to be entered into with
employment networks pursuant to section 1148(d)(4) of such
Act, including--
(i) the manner in which service areas are specified
pursuant to section 1148(f)(2)(A) of such Act;
(ii) the general selection criteria and the specific
selection criteria which are applicable to employment
networks under section 1148(f)(1)(C) of such Act in selecting
service providers;
(iii) specific requirements relating to annual financial
reporting by employment networks pursuant to section
1148(f)(3) of such Act; and
(iv) the national model to which periodic outcomes
reporting by employment networks must conform under section
1148(f)(4) of such Act;
(G) standards which must be met by individual work plans
pursuant to section 1148(g) of such Act;
(H) standards which must be met by payment systems required
under section 1148(h) of such Act, including--
(i) the form and manner in which elections by employment
networks of payment systems are to be exercised pursuant to
section 1148(h)(1)(A) of such Act;
(ii) the terms which must be met by an outcome payment
system under section 1148(h)(2) of such Act;
(iii) the terms which must be met by an outcome-milestone
payment system under section 1148(h)(3) of such Act;
(iv) any revision of the percentage specified in paragraph
(2)(C) of section 1148(h) of such Act or the period of time
specified in paragraph (4)(B) of such section 1148(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.
(f) The Ticket to Work and Work Incentives Advisory
Panel.--
(1) Establishment.--There is established within the Social
Security Administration a panel to be known as the ``Ticket
to Work and Work Incentives 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 President, the Congress, and the
Commissioner of Social Security on issues related to work
incentives programs, planning, and assistance for individuals
with disabilities, including work incentive provisions under
titles II, XI, XVI, XVIII, and XIX of the Social Security Act
(42 U.S.C. 401 et seq., 1301 et seq., 1381 et seq., 1395 et
seq., 1396 et seq.); and
(B) with respect to the Ticket to Work and Self-Sufficiency
Program established under section 1148 of such Act--
(i) advise the Commissioner of Social Security with respect
to establishing phase-in sites for such Program and fully
implementing the Program thereafter, 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;
(ii) advise the Commissioner regarding the most effective
designs for research and demonstration projects associated
with the Program or conducted pursuant to section 302 of this
Act;
(iii) advise the Commissioner on the development of
performance measurements relating to quality assurance under
section 1148(d)(6) of the Social Security Act; and
(iv) furnish progress reports on the Program to the
Commissioner and each House of Congress.
(3) Membership.--
(A) Number and appointment.--The Panel shall be composed of
12 members as follows:
(i) 4 members appointed by the President, not more than 2
of whom may be of the same political party;
(ii) 2 members appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the
Committee on Ways and Means of the House of Representatives;
(iii) 2 members appointed by the minority leader of the
House of Representatives, in consultation with the ranking
member of the Committee on Ways and Means of the House of
Representatives;
(iv) 2 members appointed by the majority leader of the
Senate, in consultation with the Chairman of the Committee on
Finance of the Senate; and
(v) 2 members appointed by the minority leader of the
Senate, in consultation with the ranking member of the
Committee on Finance of the Senate.
(B) Representation.--Of the members appointed under
subparagraph (A), at least 8 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 2 shall represent the interests of recipients
of employment services, vocational rehabilitation services,
and other support services;
(ii) at least 2 shall represent the interests of providers
of employment services, vocational rehabilitation services,
and other support services;
(iii) at least 2 shall represent the interests of private
employers; and
(iv) at least 2 shall represent the interests of employees.
At least \1/2\ of the members described in each clause of
subparagraph (A) shall be individuals with disabilities, or
representatives of individuals with disabilities, with
consideration to current or former title II disability
beneficiaries or title XVI disability beneficiaries (as such
terms are defined in section 1148(k) of the Social Security
Act (as added by subsection (a)).
(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) \1/2\ of the members appointed under subparagraph (A)
shall be appointed for a term of 2 years; and
(II) the remaining 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, and
in a manner, that is consistent with guidelines established
under section 7 of the Federal Advisory Committee Act (5
U.S.C. App.).
(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.
[[Page
H10246]]
(F) Quorum.--8 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, and paid at a rate, and in a manner,
that is consistent with guidelines established under section
7 of the Federal Advisory Committee Act (5 U.S.C. App.).
(B) Staff.--Subject to rules prescribed by the Commissioner
of Social Security, 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 Commissioner of Social Security, 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.
(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 eight 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.
Subtitle B--Elimination of Work Disincentives
SEC. 111. WORK ACTIVITY STANDARD AS A BASIS FOR REVIEW OF AN
INDIVIDUAL'S DISABLED STATUS.
(a) In General.--Section 221 of the Social Security Act (42
U.S.C. 421) is amended by adding at the end the following:
``(m)(1) In any case where 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)) has
received such benefits for at least 24 months--
``(A) no continuing disability review conducted by the
Commissioner may be scheduled for the individual solely as a
result of the individual's work activity;
``(B) no work activity engaged in by the individual may be
used as evidence that the individual is no longer disabled;
and
``(C) no cessation of work activity by the individual may
give rise to a presumption that the individual is unable to
engage in work.
``(2) An individual to which paragraph (1) applies shall
continue to be subject to--
``(A) continuing disability reviews on a regularly
scheduled basis that is not triggered by work; and
``(B) termination of benefits under this title in the event
that the individual has earnings that exceed the level of
earnings established by the Commissioner to represent
substantial gainful activity.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2003.
SEC. 112. EXPEDITED REINSTATEMENT OF DISABILITY BENEFITS.
(a) OASDI Benefits.--Section 223 of the Social Security Act
(42 U.S.C. 423) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``Reinstatement of Entitlement
``(i)(1)(A) Entitlement to benefits described in
subparagraph (B)(i)(I) shall be reinstated in any case where
the Commissioner determines that an individual described in
subparagraph (B) has filed a request for reinstatement
meeting the requirements of paragraph (2)(A) during the
period prescribed in subparagraph (C). Reinstatement of such
entitlement shall be in accordance with the terms of this
subsection.
``(B) An individual is described in this subparagraph if--
``(i) prior to the month in which the individual files a
request for reinstatement--
``(I) the individual was entitled to benefits under this
section or section 202 on the basis of disability pursuant to
an application filed therefor; and
``(II) such entitlement terminated due to the performance
of substantial gainful activity;
``(ii) the individual is under a disability and the
physical or mental impairment that is the basis for the
finding of disability is the same as (or related to) the
physical or mental impairment that was the basis for the
finding of disability that gave rise to the entitlement
described in clause (i); and
``(iii) the individual's disability renders the individual
unable to perform substantial gainful activity.
``(C)(i) Except as provided in clause (ii), the period
prescribed in this subparagraph with respect to an individual
is 60 consecutive months beginning with the month following
the most recent month for which the individual was entitled
to a benefit described in subparagraph (B)(i)(I) prior to the
entitlement termination described in subparagraph (B)(i)(II).
``(ii) In the case of an individual who fails to file a
reinstatement request within the period prescribed in clause
(i), the Commissioner may extend the period if the
Commissioner determines that the individual had good cause
for the failure to so file.
``(2)(A)(i) A request for reinstatement shall be filed in
such form, and containing such information, as the
Commissioner may prescribe.
``(ii) A request for reinstatement shall include express
declarations by the individual that the individual meets the
requirements specified in clauses (ii) and (iii) of paragraph
(1)(B).
``(B) A request for reinstatement filed in accordance with
subparagraph (A) may constitute an application for benefits
in the case of any individual who the Commissioner determines
is not entitled to reinstated benefits under this subsection.
``(3) In determining whether an individual meets the
requirements of paragraph (1)(B)(ii), the provisions of
subsection (f) shall apply.
``(4)(A)(i) Subject to clause (ii), entitlement to benefits
reinstated under this subsection shall commence with the
benefit payable for the month in which a request for
reinstatement is filed.
``(ii) An individual whose entitlement to a benef
Amendments:
Cosponsors:
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
Sponsor:
Summary:
All articles in House section
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
(House of Representatives - October 19, 1999)
Text of this article available as:
TXT
PDF
[Pages
H10241-H10266]
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
Mr. ARCHER. Mr. Speaker, I move to suspend the rules and pass the
bill (
H.R. 1180) to amend the Social Security Act to expand the
availability of health care coverage for working individuals with
disabilities, to establish a Ticket to Work and Self-Sufficiency
Program in the Social Security Administration to provide such
individuals with meaningful opportunities to work, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 1180
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ticket to
Work and Work Incentives Improvement Act of 1999''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TICKET TO WORK AND SELF-SUFFICIENCY AND RELATED PROVISIONS
Subtitle A--Ticket to Work and Self-Sufficiency
Sec. 101. Establishment of the Ticket to Work and Self-Sufficiency
Program.
Subtitle B--Elimination of Work Disincentives
Sec. 111. Work activity standard as a basis for review of an
individual's disabled status.
Sec. 112. Expedited reinstatement of disability benefits.
Subtitle C--Work Incentives Planning, Assistance, and Outreach
Sec. 121. Work incentives outreach program.
Sec. 122. State grants for work incentives assistance to disabled
beneficiaries.
TITLE II--EXPANDED AVAILABILITY OF HEALTH CARE SERVICES
Sec. 201. Expanding State options under the medicaid program for
workers with disabilities.
Sec. 202. Extending medicare coverage for OASDI disability benefit
recipients.
Sec. 203. Grants to develop and establish State infrastructures to
support working individuals with disabilities.
Sec. 204. Demonstration of coverage under the medicaid program of
workers with potentially severe disabilities.
Sec. 205. Election by disabled beneficiaries to suspend medigap
insurance when covered under a group health plan.
TITLE III--DEMONSTRATION PROJECTS AND STUDIES
Sec. 301. Extension of disability insurance program demonstration
project authority.
Sec. 302. Demonstration projects providing for reductions in disability
insurance benefits based on earnings.
Sec. 303. Studies and reports.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Sec. 401. Technical amendments relating to drug addicts and alcoholics.
Sec. 402. Treatment of prisoners.
Sec. 403. Revocation by members of the clergy of exemption from social
security coverage.
Sec. 404. Additional technical amendment relating to cooperative
research or demonstration projects under titles II and
XVI.
Sec. 405. Authorization for State to permit annual wage reports.
Sec. 406. Assessment on attorneys who receive their fees via the Social
Security Administration.
Sec. 407. Prevention of fraud and abuse associated with certain
payments under the medicaid program.Extension of
authority of State medicaid fraud control units.
Sec. 408. Extension of authority of State medicaid fraud control units.
Sec. 409. Special allowance adjustment for student loans.
TITLE I--TICKET TO WORK AND SELF-SUFFICIENCY AND RELATED PROVISIONS
Subtitle A--Ticket to Work and Self-Sufficiency
SEC. 101. ESTABLISHMENT OF 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 after
section 1147 (as added by section 8 of the Noncitizen Benefit
Clarification and Other Technical Amendments Act of 1998
(Public Law 105-306; 112 Stat. 2928)) the following:
``the ticket to work and self-sufficiency program
``Sec. 1148. (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) In general.--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 as an employment network with
respect to a disabled beneficiary. If the State agency does
elect to participate in the Program, the State agency also
shall elect to be paid under the outcome payment system or
the outcome-milestone payment system in accordance with
subsection (h)(1). With respect to a disabled beneficiary
that the State agency does not elect to have participate in
the Program, the State agency shall be paid for services
provided to that beneficiary under the system for payment
applicable under section 222(d) and subsections (d) and (e)
of section 1615. The Commissioner shall provide for periodic
opportunities for exercising such elections.
``(2) Effect of participation by state agency.--
``(A) State agencies participating.--In any case in which a
State agency described in paragraph (1) elects under that
paragraph to participate in the Program, 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.
``(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.
``(3) Agreements between state agencies and employment
networks.--State agencies and employment networks shall enter
into agreements regarding the conditions under which services
will be provided when an individual is referred by an
employment network to a State agency for services. The
Commissioner of Social Security shall establish by
regulations the timeframe within which such agreements must
be entered into and the mechanisms for dispute resolution
between State agencies and employment networks with respect
to such agreements.
``(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
[[Page
H10242]]
terms. Such performance standards shall include--
``(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.--
``(A) In general.--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).
``(B) Alternate participants.--In any State where the
Program is being implemented, the Commissioner shall enter
into an agreement with any alternate participant that is
operating under the authority of section 222(d)(2) in the
State as of the date of enactment of this section and chooses
to serve as an employment network under the Program.
``(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 solicit and
consider 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 that the periodic
surveys of beneficiaries receiving services under the Program
are designed to measure customer service satisfaction.
``(7) Dispute resolution.--The Commissioner shall provide
for a mechanism for resolving disputes between beneficiaries
and employment networks, between program managers and
employment networks, and between program managers and
providers of services. 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 without being deemed to have rejected
services under the Program. When such a change occurs, the
program manager shall reassign the ticket based on the choice
of the beneficiary. Upon the request of the employment
network, the program manager shall make a determination of
the allocation of the outcome or milestone-outcome payments
based on the services provided by each employment network.
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 formats.
``(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. Services
provided under the Program may include case management, work
incentives planning, 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 available
in each service area.
``(f) Employment Networks.--
``(1) Qualifications for employment networks.--
``(A) In general.--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, that 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).
``(B) One-stop delivery systems.--An employment network
serving under the Program may consist of a one-stop delivery
system established under subtitle B of title I of the
Workforce Investment Act of 1998.
``(C) Compliance with selection criteria.--No employment
network may serve under the Program unless it meets and
maintains compliance with both general selection criteria
(such as professional and educational qualifications, where
applicable) and specific selection criteria (such as
substantial expertise and experience in providing relevant
employment services and supports).
``(D) Single or associated providers allowed.--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; and
``(B) 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. 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) Requirements.--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 that
meet the requirements of subparagraph (C);
``(B) develop and implement each such individual work plan,
in partnership with 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;
``(C) ensure that each individual work plan includes at
least--
``(i) a statement of the vocational goal developed with the
beneficiary, including, as appropriate, goals for earnings
and job advancement;
``(ii) a statement of the services and supports that have
been deemed necessary for the beneficiary to accomplish that
goal;
[[Page
H10243]]
``(iii) a statement of any terms and conditions related to
the provision of such services and supports; and
``(iv) a statement of understanding regarding the
beneficiary's rights under the Program (such as the right to
retrieve the ticket to work and self-sufficiency if the
beneficiary is dissatisfied with the services being provided
by the employment network) and remedies available to the
individual, including information on the availability of
advocacy services and assistance in resolving disputes
through the State grant program authorized under section
1150;
``(D) provide a beneficiary the opportunity to amend the
individual work plan if a change in circumstances
necessitates a change in the plan; and
``(E) make each beneficiary's individual work plan
available to the beneficiary in, as appropriate, an
accessible format chosen by the beneficiary.
``(2) Effective upon written approval.--A beneficiary's
individual work plan shall take effect upon written approval
by the beneficiary or a representative of the beneficiary and
a representative of the employment network that, in providing
such written approval, acknowledges assignment of the
beneficiary's ticket to work and self-sufficiency.
``(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) No change in method of payment for beneficiaries with
tickets already assigned to the employment networks.--Any
election of a payment system by an employment network that
would result in a change in the method of payment to the
employment network for services provided to a beneficiary who
is receiving services from the employment network at the time
of the election shall not be effective with respect to
payment for services provided to that beneficiary and the
method of payment previously selected shall continue to apply
with respect to such services.
``(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 (3) and (4) of subsection (k)) are
not payable to such individual because of work or earnings.
``(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 month during the outcome payment
period for which benefits (described in paragraphs (3) and
(4) 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, that are directed
toward the goal of permanent employment. Such milestones
shall form a part of a payment structure that 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.--In 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 18 years of age but have not attained 65 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 (3) and (4) of
subsection (k)) are not payable to such individual by reason
of engagement in substantial gainful activity or by reason of
earnings from 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
substantial gainful activity or by reason of earnings from
work activity.
``(5) Periodic review and alterations of prescribed
schedules.--
``(A) Percentages and periods.--The Commissioner 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 Work Incentives Advisory Panel
established by section 101(f) of the Ticket to Work and Work
Incentives Improvement Act of 1999, 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 Work
Incentives Advisory Panel established by section 101(f) of
the Ticket to Work and Work Incentives Improvement Act of
1999, or other reliable sources.
``(C) Report on the adequacy of incentives.--The
Commissioner shall submit to Congress not later than 36
months after the date of the enactment of the Ticket to Work
and Work Incentives Improvement Act of 1999 a report with
recommendations for a method or methods to adjust payment
rates under subparagraphs (A) and (B), that would ensure
adequate incentives for the provision of services by
employment networks of--
``(i) individuals with a need for ongoing support and
services;
``(ii) individuals with a need for high-cost
accommodations;
``(iii) individuals who earn a subminimum wage; and
``(iv) individuals who work and receive partial cash
benefits.
The Commissioner shall consult with the Ticket to Work and
Work Incentives Advisory Panel established under section
101(f) of the Ticket to Work and Work Incentives Improvement
Act of 1999 during the development and evaluation of the
study. The Commissioner shall implement the necessary
adjusted payment rates prior to full implementation of the
Ticket to Work and Self-Sufficiency Program.
``(i) Suspension of Disability Reviews.--During any period
for which an individual is using, as defined by the
Commissioner, 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) Payments to employment networks.--
``(A) 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
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as may be necessary to make payments to employment networks
under this section. 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.
``(B) 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.
``(2) Administrative expenses.--The costs of administering
this section (other than payments to employment networks)
shall be paid from amounts made available for the
administration of title II and amounts made available for the
administration of title XVI, and shall be allocated among
such amounts as appropriate.
``(k) Definitions.--In this section:
``(1) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(2) Disabled beneficiary.--The term `disabled
beneficiary' means a title II disability beneficiary or a
title XVI disability beneficiary.
``(3) 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.
``(4) 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.
``(5) 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.--Not later than 1 year after the date of
the enactment of the Ticket to Work and Work Incentives
Improvement Act of 1999, the Commissioner 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(i) of the Social Security Act (42 U.S.C.
421(i)) is amended by adding at the end the following:
``(5) For suspension of reviews under this subsection in
the case of an individual using a ticket to work and self-
sufficiency, see section 1148(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 1148 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 1148 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:
``(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 1148(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 ability to provide tickets and services to individuals
under the Program exists in every State as soon as
practicable on or after the effective date specified in
subsection (c) but not later than 3 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) Consultation.--The Commissioner shall design and carry
out 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 and
consulting with the Ticket to Work and Work Incentives
Advisory Panel established under section 101(f), the
Comptroller General of the United States, other agencies of
the Federal Government, and private organizations with
appropriate expertise.
(C) Methodology.--
(i) Implementation.--The Commissioner, in consultation with
the Ticket to Work and Work Incentives Advisory Panel
established under section 101(f), shall ensure that plans for
evaluations and data collection methods under the Program are
appropriately designed to obtain detailed employment
information.
(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 individuals in possession of
tickets under the Program who are not accepted for services
and, to the extent reasonably determinable, the reasons for
which such beneficiaries were not accepted for services;
(VII) the characteristics of providers whose services are
provided within an employment network under the Program;
(VIII) the extent (if any) to which employment networks
display a greater willingness to provide services to
beneficiaries with a range of disabilities;
(IX) 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;
(X) measures of satisfaction among beneficiaries in receipt
of tickets under the Program; and
(XI) 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.
(D) 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
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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) for prompt
referrals to a State agency; and
(ii) the authority of the Commissioner under section
222(d)(2) of the Social Security 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
3 years after the effective date provided in subsection (c).
(e) 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--
(A) the form and manner in which tickets to work and self-
sufficiency may be distributed to beneficiaries pursuant to
section 1148(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 pursuant to section 1148(c)(1) of such Act and
provision for periodic opportunities for exercising such
elections;
(D) the status of State agencies under section 1148(c)(1)
of such Act at the time that State agencies exercise
elections under that section;
(E) the terms of agreements to be entered into with program
managers pursuant to section 1148(d) of such Act, including--
(i) the terms by which program managers are precluded from
direct participation in the delivery of services pursuant to
section 1148(d)(3) of such Act;
(ii) standards which must be met by quality assurance
measures referred to in paragraph (6) of section 1148(d) of
such Act and methods of recruitment of employment networks
utilized pursuant to paragraph (2) of section 1148(e) of such
Act; and
(iii) the format under which dispute resolution will
operate under section 1148(d)(7) of such Act;
(F) the terms of agreements to be entered into with
employment networks pursuant to section 1148(d)(4) of such
Act, including--
(i) the manner in which service areas are specified
pursuant to section 1148(f)(2)(A) of such Act;
(ii) the general selection criteria and the specific
selection criteria which are applicable to employment
networks under section 1148(f)(1)(C) of such Act in selecting
service providers;
(iii) specific requirements relating to annual financial
reporting by employment networks pursuant to section
1148(f)(3) of such Act; and
(iv) the national model to which periodic outcomes
reporting by employment networks must conform under section
1148(f)(4) of such Act;
(G) standards which must be met by individual work plans
pursuant to section 1148(g) of such Act;
(H) standards which must be met by payment systems required
under section 1148(h) of such Act, including--
(i) the form and manner in which elections by employment
networks of payment systems are to be exercised pursuant to
section 1148(h)(1)(A) of such Act;
(ii) the terms which must be met by an outcome payment
system under section 1148(h)(2) of such Act;
(iii) the terms which must be met by an outcome-milestone
payment system under section 1148(h)(3) of such Act;
(iv) any revision of the percentage specified in paragraph
(2)(C) of section 1148(h) of such Act or the period of time
specified in paragraph (4)(B) of such section 1148(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.
(f) The Ticket to Work and Work Incentives Advisory
Panel.--
(1) Establishment.--There is established within the Social
Security Administration a panel to be known as the ``Ticket
to Work and Work Incentives 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 President, the Congress, and the
Commissioner of Social Security on issues related to work
incentives programs, planning, and assistance for individuals
with disabilities, including work incentive provisions under
titles II, XI, XVI, XVIII, and XIX of the Social Security Act
(42 U.S.C. 401 et seq., 1301 et seq., 1381 et seq., 1395 et
seq., 1396 et seq.); and
(B) with respect to the Ticket to Work and Self-Sufficiency
Program established under section 1148 of such Act--
(i) advise the Commissioner of Social Security with respect
to establishing phase-in sites for such Program and fully
implementing the Program thereafter, 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;
(ii) advise the Commissioner regarding the most effective
designs for research and demonstration projects associated
with the Program or conducted pursuant to section 302 of this
Act;
(iii) advise the Commissioner on the development of
performance measurements relating to quality assurance under
section 1148(d)(6) of the Social Security Act; and
(iv) furnish progress reports on the Program to the
Commissioner and each House of Congress.
(3) Membership.--
(A) Number and appointment.--The Panel shall be composed of
12 members as follows:
(i) 4 members appointed by the President, not more than 2
of whom may be of the same political party;
(ii) 2 members appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the
Committee on Ways and Means of the House of Representatives;
(iii) 2 members appointed by the minority leader of the
House of Representatives, in consultation with the ranking
member of the Committee on Ways and Means of the House of
Representatives;
(iv) 2 members appointed by the majority leader of the
Senate, in consultation with the Chairman of the Committee on
Finance of the Senate; and
(v) 2 members appointed by the minority leader of the
Senate, in consultation with the ranking member of the
Committee on Finance of the Senate.
(B) Representation.--Of the members appointed under
subparagraph (A), at least 8 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 2 shall represent the interests of recipients
of employment services, vocational rehabilitation services,
and other support services;
(ii) at least 2 shall represent the interests of providers
of employment services, vocational rehabilitation services,
and other support services;
(iii) at least 2 shall represent the interests of private
employers; and
(iv) at least 2 shall represent the interests of employees.
At least \1/2\ of the members described in each clause of
subparagraph (A) shall be individuals with disabilities, or
representatives of individuals with disabilities, with
consideration to current or former title II disability
beneficiaries or title XVI disability beneficiaries (as such
terms are defined in section 1148(k) of the Social Security
Act (as added by subsection (a)).
(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) \1/2\ of the members appointed under subparagraph (A)
shall be appointed for a term of 2 years; and
(II) the remaining 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, and
in a manner, that is consistent with guidelines established
under section 7 of the Federal Advisory Committee Act (5
U.S.C. App.).
(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.
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(F) Quorum.--8 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, and paid at a rate, and in a manner,
that is consistent with guidelines established under section
7 of the Federal Advisory Committee Act (5 U.S.C. App.).
(B) Staff.--Subject to rules prescribed by the Commissioner
of Social Security, 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 Commissioner of Social Security, 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.
(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 eight 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.
Subtitle B--Elimination of Work Disincentives
SEC. 111. WORK ACTIVITY STANDARD AS A BASIS FOR REVIEW OF AN
INDIVIDUAL'S DISABLED STATUS.
(a) In General.--Section 221 of the Social Security Act (42
U.S.C. 421) is amended by adding at the end the following:
``(m)(1) In any case where 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)) has
received such benefits for at least 24 months--
``(A) no continuing disability review conducted by the
Commissioner may be scheduled for the individual solely as a
result of the individual's work activity;
``(B) no work activity engaged in by the individual may be
used as evidence that the individual is no longer disabled;
and
``(C) no cessation of work activity by the individual may
give rise to a presumption that the individual is unable to
engage in work.
``(2) An individual to which paragraph (1) applies shall
continue to be subject to--
``(A) continuing disability reviews on a regularly
scheduled basis that is not triggered by work; and
``(B) termination of benefits under this title in the event
that the individual has earnings that exceed the level of
earnings established by the Commissioner to represent
substantial gainful activity.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2003.
SEC. 112. EXPEDITED REINSTATEMENT OF DISABILITY BENEFITS.
(a) OASDI Benefits.--Section 223 of the Social Security Act
(42 U.S.C. 423) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``Reinstatement of Entitlement
``(i)(1)(A) Entitlement to benefits described in
subparagraph (B)(i)(I) shall be reinstated in any case where
the Commissioner determines that an individual described in
subparagraph (B) has filed a request for reinstatement
meeting the requirements of paragraph (2)(A) during the
period prescribed in subparagraph (C). Reinstatement of such
entitlement shall be in accordance with the terms of this
subsection.
``(B) An individual is described in this subparagraph if--
``(i) prior to the month in which the individual files a
request for reinstatement--
``(I) the individual was entitled to benefits under this
section or section 202 on the basis of disability pursuant to
an application filed therefor; and
``(II) such entitlement terminated due to the performance
of substantial gainful activity;
``(ii) the individual is under a disability and the
physical or mental impairment that is the basis for the
finding of disability is the same as (or related to) the
physical or mental impairment that was the basis for the
finding of disability that gave rise to the entitlement
described in clause (i); and
``(iii) the individual's disability renders the individual
unable to perform substantial gainful activity.
``(C)(i) Except as provided in clause (ii), the period
prescribed in this subparagraph with respect to an individual
is 60 consecutive months beginning with the month following
the most recent month for which the individual was entitled
to a benefit described in subparagraph (B)(i)(I) prior to the
entitlement termination described in subparagraph (B)(i)(II).
``(ii) In the case of an individual who fails to file a
reinstatement request within the period prescribed in clause
(i), the Commissioner may extend the period if the
Commissioner determines that the individual had good cause
for the failure to so file.
``(2)(A)(i) A request for reinstatement shall be filed in
such form, and containing such information, as the
Commissioner may prescribe.
``(ii) A request for reinstatement shall include express
declarations by the individual that the individual meets the
requirements specified in clauses (ii) and (iii) of paragraph
(1)(B).
``(B) A request for reinstatement filed in accordance with
subparagraph (A) may constitute an application for benefits
in the case of any individual who the Commissioner determines
is not entitled to reinstated benefits under this subsection.
``(3) In determining whether an individual meets the
requirements of paragraph (1)(B)(ii), the provisions of
subsection (f) shall apply.
``(4)(A)(i) Subject to clause (ii), entitlement to benefits
reinstated under this subsection shall commence with the
benefit payable for the month in which a request for
reinstatement is filed.
``(ii) An individual whose entitlement to a benefit for any
Major Actions:
All articles in House section
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
(House of Representatives - October 19, 1999)
Text of this article available as:
TXT
PDF
[Pages
H10241-H10266]
TICKET TO WORK AND WORK INCENTIVES IMPROVEMENT ACT OF 1999
Mr. ARCHER. Mr. Speaker, I move to suspend the rules and pass the
bill (
H.R. 1180) to amend the Social Security Act to expand the
availability of health care coverage for working individuals with
disabilities, to establish a Ticket to Work and Self-Sufficiency
Program in the Social Security Administration to provide such
individuals with meaningful opportunities to work, and for other
purposes, as amended.
The Clerk read as follows:
H.R. 1180
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Ticket to
Work and Work Incentives Improvement Act of 1999''.
(b) Table of Contents.--The table of contents is as
follows:
Sec. 1. Short title; table of contents.
TITLE I--TICKET TO WORK AND SELF-SUFFICIENCY AND RELATED PROVISIONS
Subtitle A--Ticket to Work and Self-Sufficiency
Sec. 101. Establishment of the Ticket to Work and Self-Sufficiency
Program.
Subtitle B--Elimination of Work Disincentives
Sec. 111. Work activity standard as a basis for review of an
individual's disabled status.
Sec. 112. Expedited reinstatement of disability benefits.
Subtitle C--Work Incentives Planning, Assistance, and Outreach
Sec. 121. Work incentives outreach program.
Sec. 122. State grants for work incentives assistance to disabled
beneficiaries.
TITLE II--EXPANDED AVAILABILITY OF HEALTH CARE SERVICES
Sec. 201. Expanding State options under the medicaid program for
workers with disabilities.
Sec. 202. Extending medicare coverage for OASDI disability benefit
recipients.
Sec. 203. Grants to develop and establish State infrastructures to
support working individuals with disabilities.
Sec. 204. Demonstration of coverage under the medicaid program of
workers with potentially severe disabilities.
Sec. 205. Election by disabled beneficiaries to suspend medigap
insurance when covered under a group health plan.
TITLE III--DEMONSTRATION PROJECTS AND STUDIES
Sec. 301. Extension of disability insurance program demonstration
project authority.
Sec. 302. Demonstration projects providing for reductions in disability
insurance benefits based on earnings.
Sec. 303. Studies and reports.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Sec. 401. Technical amendments relating to drug addicts and alcoholics.
Sec. 402. Treatment of prisoners.
Sec. 403. Revocation by members of the clergy of exemption from social
security coverage.
Sec. 404. Additional technical amendment relating to cooperative
research or demonstration projects under titles II and
XVI.
Sec. 405. Authorization for State to permit annual wage reports.
Sec. 406. Assessment on attorneys who receive their fees via the Social
Security Administration.
Sec. 407. Prevention of fraud and abuse associated with certain
payments under the medicaid program.Extension of
authority of State medicaid fraud control units.
Sec. 408. Extension of authority of State medicaid fraud control units.
Sec. 409. Special allowance adjustment for student loans.
TITLE I--TICKET TO WORK AND SELF-SUFFICIENCY AND RELATED PROVISIONS
Subtitle A--Ticket to Work and Self-Sufficiency
SEC. 101. ESTABLISHMENT OF 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 after
section 1147 (as added by section 8 of the Noncitizen Benefit
Clarification and Other Technical Amendments Act of 1998
(Public Law 105-306; 112 Stat. 2928)) the following:
``the ticket to work and self-sufficiency program
``Sec. 1148. (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) In general.--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 as an employment network with
respect to a disabled beneficiary. If the State agency does
elect to participate in the Program, the State agency also
shall elect to be paid under the outcome payment system or
the outcome-milestone payment system in accordance with
subsection (h)(1). With respect to a disabled beneficiary
that the State agency does not elect to have participate in
the Program, the State agency shall be paid for services
provided to that beneficiary under the system for payment
applicable under section 222(d) and subsections (d) and (e)
of section 1615. The Commissioner shall provide for periodic
opportunities for exercising such elections.
``(2) Effect of participation by state agency.--
``(A) State agencies participating.--In any case in which a
State agency described in paragraph (1) elects under that
paragraph to participate in the Program, 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.
``(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.
``(3) Agreements between state agencies and employment
networks.--State agencies and employment networks shall enter
into agreements regarding the conditions under which services
will be provided when an individual is referred by an
employment network to a State agency for services. The
Commissioner of Social Security shall establish by
regulations the timeframe within which such agreements must
be entered into and the mechanisms for dispute resolution
between State agencies and employment networks with respect
to such agreements.
``(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
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H10242]]
terms. Such performance standards shall include--
``(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.--
``(A) In general.--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).
``(B) Alternate participants.--In any State where the
Program is being implemented, the Commissioner shall enter
into an agreement with any alternate participant that is
operating under the authority of section 222(d)(2) in the
State as of the date of enactment of this section and chooses
to serve as an employment network under the Program.
``(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 solicit and
consider 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 that the periodic
surveys of beneficiaries receiving services under the Program
are designed to measure customer service satisfaction.
``(7) Dispute resolution.--The Commissioner shall provide
for a mechanism for resolving disputes between beneficiaries
and employment networks, between program managers and
employment networks, and between program managers and
providers of services. 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 without being deemed to have rejected
services under the Program. When such a change occurs, the
program manager shall reassign the ticket based on the choice
of the beneficiary. Upon the request of the employment
network, the program manager shall make a determination of
the allocation of the outcome or milestone-outcome payments
based on the services provided by each employment network.
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 formats.
``(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. Services
provided under the Program may include case management, work
incentives planning, 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 available
in each service area.
``(f) Employment Networks.--
``(1) Qualifications for employment networks.--
``(A) In general.--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, that 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).
``(B) One-stop delivery systems.--An employment network
serving under the Program may consist of a one-stop delivery
system established under subtitle B of title I of the
Workforce Investment Act of 1998.
``(C) Compliance with selection criteria.--No employment
network may serve under the Program unless it meets and
maintains compliance with both general selection criteria
(such as professional and educational qualifications, where
applicable) and specific selection criteria (such as
substantial expertise and experience in providing relevant
employment services and supports).
``(D) Single or associated providers allowed.--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; and
``(B) 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. 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) Requirements.--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 that
meet the requirements of subparagraph (C);
``(B) develop and implement each such individual work plan,
in partnership with 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;
``(C) ensure that each individual work plan includes at
least--
``(i) a statement of the vocational goal developed with the
beneficiary, including, as appropriate, goals for earnings
and job advancement;
``(ii) a statement of the services and supports that have
been deemed necessary for the beneficiary to accomplish that
goal;
[[Page
H10243]]
``(iii) a statement of any terms and conditions related to
the provision of such services and supports; and
``(iv) a statement of understanding regarding the
beneficiary's rights under the Program (such as the right to
retrieve the ticket to work and self-sufficiency if the
beneficiary is dissatisfied with the services being provided
by the employment network) and remedies available to the
individual, including information on the availability of
advocacy services and assistance in resolving disputes
through the State grant program authorized under section
1150;
``(D) provide a beneficiary the opportunity to amend the
individual work plan if a change in circumstances
necessitates a change in the plan; and
``(E) make each beneficiary's individual work plan
available to the beneficiary in, as appropriate, an
accessible format chosen by the beneficiary.
``(2) Effective upon written approval.--A beneficiary's
individual work plan shall take effect upon written approval
by the beneficiary or a representative of the beneficiary and
a representative of the employment network that, in providing
such written approval, acknowledges assignment of the
beneficiary's ticket to work and self-sufficiency.
``(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) No change in method of payment for beneficiaries with
tickets already assigned to the employment networks.--Any
election of a payment system by an employment network that
would result in a change in the method of payment to the
employment network for services provided to a beneficiary who
is receiving services from the employment network at the time
of the election shall not be effective with respect to
payment for services provided to that beneficiary and the
method of payment previously selected shall continue to apply
with respect to such services.
``(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 (3) and (4) of subsection (k)) are
not payable to such individual because of work or earnings.
``(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 month during the outcome payment
period for which benefits (described in paragraphs (3) and
(4) 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, that are directed
toward the goal of permanent employment. Such milestones
shall form a part of a payment structure that 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.--In 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 18 years of age but have not attained 65 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 (3) and (4) of
subsection (k)) are not payable to such individual by reason
of engagement in substantial gainful activity or by reason of
earnings from 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
substantial gainful activity or by reason of earnings from
work activity.
``(5) Periodic review and alterations of prescribed
schedules.--
``(A) Percentages and periods.--The Commissioner 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 Work Incentives Advisory Panel
established by section 101(f) of the Ticket to Work and Work
Incentives Improvement Act of 1999, 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 Work
Incentives Advisory Panel established by section 101(f) of
the Ticket to Work and Work Incentives Improvement Act of
1999, or other reliable sources.
``(C) Report on the adequacy of incentives.--The
Commissioner shall submit to Congress not later than 36
months after the date of the enactment of the Ticket to Work
and Work Incentives Improvement Act of 1999 a report with
recommendations for a method or methods to adjust payment
rates under subparagraphs (A) and (B), that would ensure
adequate incentives for the provision of services by
employment networks of--
``(i) individuals with a need for ongoing support and
services;
``(ii) individuals with a need for high-cost
accommodations;
``(iii) individuals who earn a subminimum wage; and
``(iv) individuals who work and receive partial cash
benefits.
The Commissioner shall consult with the Ticket to Work and
Work Incentives Advisory Panel established under section
101(f) of the Ticket to Work and Work Incentives Improvement
Act of 1999 during the development and evaluation of the
study. The Commissioner shall implement the necessary
adjusted payment rates prior to full implementation of the
Ticket to Work and Self-Sufficiency Program.
``(i) Suspension of Disability Reviews.--During any period
for which an individual is using, as defined by the
Commissioner, 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) Payments to employment networks.--
``(A) 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
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as may be necessary to make payments to employment networks
under this section. 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.
``(B) 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.
``(2) Administrative expenses.--The costs of administering
this section (other than payments to employment networks)
shall be paid from amounts made available for the
administration of title II and amounts made available for the
administration of title XVI, and shall be allocated among
such amounts as appropriate.
``(k) Definitions.--In this section:
``(1) Commissioner.--The term `Commissioner' means the
Commissioner of Social Security.
``(2) Disabled beneficiary.--The term `disabled
beneficiary' means a title II disability beneficiary or a
title XVI disability beneficiary.
``(3) 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.
``(4) 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.
``(5) 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.--Not later than 1 year after the date of
the enactment of the Ticket to Work and Work Incentives
Improvement Act of 1999, the Commissioner 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(i) of the Social Security Act (42 U.S.C.
421(i)) is amended by adding at the end the following:
``(5) For suspension of reviews under this subsection in
the case of an individual using a ticket to work and self-
sufficiency, see section 1148(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 1148 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 1148 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:
``(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 1148(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 ability to provide tickets and services to individuals
under the Program exists in every State as soon as
practicable on or after the effective date specified in
subsection (c) but not later than 3 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) Consultation.--The Commissioner shall design and carry
out 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 and
consulting with the Ticket to Work and Work Incentives
Advisory Panel established under section 101(f), the
Comptroller General of the United States, other agencies of
the Federal Government, and private organizations with
appropriate expertise.
(C) Methodology.--
(i) Implementation.--The Commissioner, in consultation with
the Ticket to Work and Work Incentives Advisory Panel
established under section 101(f), shall ensure that plans for
evaluations and data collection methods under the Program are
appropriately designed to obtain detailed employment
information.
(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 individuals in possession of
tickets under the Program who are not accepted for services
and, to the extent reasonably determinable, the reasons for
which such beneficiaries were not accepted for services;
(VII) the characteristics of providers whose services are
provided within an employment network under the Program;
(VIII) the extent (if any) to which employment networks
display a greater willingness to provide services to
beneficiaries with a range of disabilities;
(IX) 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;
(X) measures of satisfaction among beneficiaries in receipt
of tickets under the Program; and
(XI) 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.
(D) 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
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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) for prompt
referrals to a State agency; and
(ii) the authority of the Commissioner under section
222(d)(2) of the Social Security 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
3 years after the effective date provided in subsection (c).
(e) 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--
(A) the form and manner in which tickets to work and self-
sufficiency may be distributed to beneficiaries pursuant to
section 1148(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 pursuant to section 1148(c)(1) of such Act and
provision for periodic opportunities for exercising such
elections;
(D) the status of State agencies under section 1148(c)(1)
of such Act at the time that State agencies exercise
elections under that section;
(E) the terms of agreements to be entered into with program
managers pursuant to section 1148(d) of such Act, including--
(i) the terms by which program managers are precluded from
direct participation in the delivery of services pursuant to
section 1148(d)(3) of such Act;
(ii) standards which must be met by quality assurance
measures referred to in paragraph (6) of section 1148(d) of
such Act and methods of recruitment of employment networks
utilized pursuant to paragraph (2) of section 1148(e) of such
Act; and
(iii) the format under which dispute resolution will
operate under section 1148(d)(7) of such Act;
(F) the terms of agreements to be entered into with
employment networks pursuant to section 1148(d)(4) of such
Act, including--
(i) the manner in which service areas are specified
pursuant to section 1148(f)(2)(A) of such Act;
(ii) the general selection criteria and the specific
selection criteria which are applicable to employment
networks under section 1148(f)(1)(C) of such Act in selecting
service providers;
(iii) specific requirements relating to annual financial
reporting by employment networks pursuant to section
1148(f)(3) of such Act; and
(iv) the national model to which periodic outcomes
reporting by employment networks must conform under section
1148(f)(4) of such Act;
(G) standards which must be met by individual work plans
pursuant to section 1148(g) of such Act;
(H) standards which must be met by payment systems required
under section 1148(h) of such Act, including--
(i) the form and manner in which elections by employment
networks of payment systems are to be exercised pursuant to
section 1148(h)(1)(A) of such Act;
(ii) the terms which must be met by an outcome payment
system under section 1148(h)(2) of such Act;
(iii) the terms which must be met by an outcome-milestone
payment system under section 1148(h)(3) of such Act;
(iv) any revision of the percentage specified in paragraph
(2)(C) of section 1148(h) of such Act or the period of time
specified in paragraph (4)(B) of such section 1148(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.
(f) The Ticket to Work and Work Incentives Advisory
Panel.--
(1) Establishment.--There is established within the Social
Security Administration a panel to be known as the ``Ticket
to Work and Work Incentives 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 President, the Congress, and the
Commissioner of Social Security on issues related to work
incentives programs, planning, and assistance for individuals
with disabilities, including work incentive provisions under
titles II, XI, XVI, XVIII, and XIX of the Social Security Act
(42 U.S.C. 401 et seq., 1301 et seq., 1381 et seq., 1395 et
seq., 1396 et seq.); and
(B) with respect to the Ticket to Work and Self-Sufficiency
Program established under section 1148 of such Act--
(i) advise the Commissioner of Social Security with respect
to establishing phase-in sites for such Program and fully
implementing the Program thereafter, 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;
(ii) advise the Commissioner regarding the most effective
designs for research and demonstration projects associated
with the Program or conducted pursuant to section 302 of this
Act;
(iii) advise the Commissioner on the development of
performance measurements relating to quality assurance under
section 1148(d)(6) of the Social Security Act; and
(iv) furnish progress reports on the Program to the
Commissioner and each House of Congress.
(3) Membership.--
(A) Number and appointment.--The Panel shall be composed of
12 members as follows:
(i) 4 members appointed by the President, not more than 2
of whom may be of the same political party;
(ii) 2 members appointed by the Speaker of the House of
Representatives, in consultation with the Chairman of the
Committee on Ways and Means of the House of Representatives;
(iii) 2 members appointed by the minority leader of the
House of Representatives, in consultation with the ranking
member of the Committee on Ways and Means of the House of
Representatives;
(iv) 2 members appointed by the majority leader of the
Senate, in consultation with the Chairman of the Committee on
Finance of the Senate; and
(v) 2 members appointed by the minority leader of the
Senate, in consultation with the ranking member of the
Committee on Finance of the Senate.
(B) Representation.--Of the members appointed under
subparagraph (A), at least 8 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 2 shall represent the interests of recipients
of employment services, vocational rehabilitation services,
and other support services;
(ii) at least 2 shall represent the interests of providers
of employment services, vocational rehabilitation services,
and other support services;
(iii) at least 2 shall represent the interests of private
employers; and
(iv) at least 2 shall represent the interests of employees.
At least \1/2\ of the members described in each clause of
subparagraph (A) shall be individuals with disabilities, or
representatives of individuals with disabilities, with
consideration to current or former title II disability
beneficiaries or title XVI disability beneficiaries (as such
terms are defined in section 1148(k) of the Social Security
Act (as added by subsection (a)).
(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) \1/2\ of the members appointed under subparagraph (A)
shall be appointed for a term of 2 years; and
(II) the remaining 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, and
in a manner, that is consistent with guidelines established
under section 7 of the Federal Advisory Committee Act (5
U.S.C. App.).
(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.
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(F) Quorum.--8 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, and paid at a rate, and in a manner,
that is consistent with guidelines established under section
7 of the Federal Advisory Committee Act (5 U.S.C. App.).
(B) Staff.--Subject to rules prescribed by the Commissioner
of Social Security, 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 Commissioner of Social Security, 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.
(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 eight 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.
Subtitle B--Elimination of Work Disincentives
SEC. 111. WORK ACTIVITY STANDARD AS A BASIS FOR REVIEW OF AN
INDIVIDUAL'S DISABLED STATUS.
(a) In General.--Section 221 of the Social Security Act (42
U.S.C. 421) is amended by adding at the end the following:
``(m)(1) In any case where 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)) has
received such benefits for at least 24 months--
``(A) no continuing disability review conducted by the
Commissioner may be scheduled for the individual solely as a
result of the individual's work activity;
``(B) no work activity engaged in by the individual may be
used as evidence that the individual is no longer disabled;
and
``(C) no cessation of work activity by the individual may
give rise to a presumption that the individual is unable to
engage in work.
``(2) An individual to which paragraph (1) applies shall
continue to be subject to--
``(A) continuing disability reviews on a regularly
scheduled basis that is not triggered by work; and
``(B) termination of benefits under this title in the event
that the individual has earnings that exceed the level of
earnings established by the Commissioner to represent
substantial gainful activity.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on January 1, 2003.
SEC. 112. EXPEDITED REINSTATEMENT OF DISABILITY BENEFITS.
(a) OASDI Benefits.--Section 223 of the Social Security Act
(42 U.S.C. 423) is amended--
(1) by redesignating subsection (i) as subsection (j); and
(2) by inserting after subsection (h) the following:
``Reinstatement of Entitlement
``(i)(1)(A) Entitlement to benefits described in
subparagraph (B)(i)(I) shall be reinstated in any case where
the Commissioner determines that an individual described in
subparagraph (B) has filed a request for reinstatement
meeting the requirements of paragraph (2)(A) during the
period prescribed in subparagraph (C). Reinstatement of such
entitlement shall be in accordance with the terms of this
subsection.
``(B) An individual is described in this subparagraph if--
``(i) prior to the month in which the individual files a
request for reinstatement--
``(I) the individual was entitled to benefits under this
section or section 202 on the basis of disability pursuant to
an application filed therefor; and
``(II) such entitlement terminated due to the performance
of substantial gainful activity;
``(ii) the individual is under a disability and the
physical or mental impairment that is the basis for the
finding of disability is the same as (or related to) the
physical or mental impairment that was the basis for the
finding of disability that gave rise to the entitlement
described in clause (i); and
``(iii) the individual's disability renders the individual
unable to perform substantial gainful activity.
``(C)(i) Except as provided in clause (ii), the period
prescribed in this subparagraph with respect to an individual
is 60 consecutive months beginning with the month following
the most recent month for which the individual was entitled
to a benefit described in subparagraph (B)(i)(I) prior to the
entitlement termination described in subparagraph (B)(i)(II).
``(ii) In the case of an individual who fails to file a
reinstatement request within the period prescribed in clause
(i), the Commissioner may extend the period if the
Commissioner determines that the individual had good cause
for the failure to so file.
``(2)(A)(i) A request for reinstatement shall be filed in
such form, and containing such information, as the
Commissioner may prescribe.
``(ii) A request for reinstatement shall include express
declarations by the individual that the individual meets the
requirements specified in clauses (ii) and (iii) of paragraph
(1)(B).
``(B) A request for reinstatement filed in accordance with
subparagraph (A) may constitute an application for benefits
in the case of any individual who the Commissioner determines
is not entitled to reinstated benefits under this subsection.
``(3) In determining whether an individual meets the
requirements of paragraph (1)(B)(ii), the provisions of
subsection (f) shall apply.
``(4)(A)(i) Subject to clause (ii), entitlement to benefits
reinstated under this subsection shall commence with the
benefit payable for the month in which a request for
reinstatement is filed.
``(ii) An individual whose entitlement to a benef
Amendments:
Cosponsors: