HR 8884 — Removing Barriers to Work for Disabled Americans Act

CHANGES IN EXISTING LAW MADE BY THE BILL, 
 AS REPORTED

 In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows.

 Changes in Existing Law Made by the Bill, as Reported

 In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (existing law 
proposed to be omitted is enclosed in black brackets, new 
matter is printed in italics, and existing law in which no 
change is proposed is shown in roman):

 SOCIAL SECURITY ACT

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TITLE II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS

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 federal old-age and survivors insurance trust fund and federal 
 disability insurance trust fund

 Sec. 201. (a) There is hereby created on the books of the 
Treasury of the United States a trust fund to be known as the 
``Federal Old-Age and Survivors Insurance Trust Fund''. The 
Federal Old-Age and Survivors Insurance Trust Fund shall 
consist of the securities held by the Secretary of the Treasury 
for the Old-Age Reserve Account and the amount standing to the 
credit of the Old-Age Reserve Account on the books of the 
Treasury on January 1, 1940, which securities and amount the 
Secretary of the Treasury is authorized and directed to 
transfer to the Federal Old-Age and Survivors Insurance Trust 
Fund, and, in addition, such gifts and bequests as may be made 
as provided in subsection (i)(1), and such amounts as may be 
appropriated to, or deposited in, the Federal Old-Age and 
Survivors Insurance Trust Fund as hereinafter provided. There 
is hereby appropriated to the Federal Old-Age and Survivors 
Insurance Trust Fund for the fiscal year ending June 30, 1941, 
and for each fiscal year thereafter, out of any moneys in the 
Treasury not otherwise appropriated, amounts equivalent to 100 
per centum of--
 (1) the taxes (including interest, penalties, and 
 additions to the taxes) received under subchapter A of 
 chapter 9 of the Internal Revenue Code of 1939 (and 
 covered into the Treasury) which are deposited into the 
 Treasury by collectors of internal revenue before 
 January 1, 1951; and
 (2) the taxes certified each month by the 
 Commissioner of Internal Revenue as taxes received 
 under subchapter A of chapter 9 of such Code which are 
 deposited into the Treasury by collectors of internal 
 revenue after December 31, 1950, and before January 1, 
 1953, with respect to assessments of such taxes made 
 before January 1, 1951; and
 (3) the taxes imposed by subchapter A of chapter 9 of 
 such Code with respect to wages (as defined in section 
 1426 of such Code), and by chapter 21 (other than 
 sections 3101(b) and 3111(b)) of the Internal Revenue 
 Code of 1954 with respect to wages (as defined in 
 section 3121 of such Code) reported to the Commissioner 
 of Internal Revenue pursuant to section 1420(c) of the 
 Internal Revenue Code of 1939 after December 31, 1950, 
 or to the Secretary of the Treasury or his delegates 
 pursuant to subtitle F of the Internal Revenue Code of 
 1954 after December 31, 1954, as determined by the 
 Secretary of the Treasury by applying the applicable 
 rates of tax under such subchapter or chapter 21 (other 
 than sections 3101(b) and 3111(b)) to such wages, which 
 wages shall be certified by the Commissioner of Social 
 Security on the basis of the records of wages 
 established and maintained by such Commissioner in 
 accordance with such reports, less the amounts 
 specified in clause (1) of subsection (b) of this 
 section; and
 (4) the taxes imposed by subchapter E of chapter 1 of 
 the Internal Revenue Code of 1939, with respect to 
 self-employment income (as defined in section 481 of 
 such Code), and by chapter 2 (other than section 
 1401(b)) of the Internal Revenue Code of 1954 with 
 respect to self-employment income (as defined in 
 section 1402 of such Code) reported to the Commissioner 
 of Internal Revenue on tax returns under such 
 subchapter or to the Secretary of the Treasury or his 
 delegate on tax returns under subtitle F of such Code, 
 as determined by the Secretary of the Treasury by 
 applying the applicable rate of tax under such 
 subchapter or chapter (other than section 1401(b)) to 
 such self-employment income, which self-employment 
 income shall be certified by the Commissioner of Social 
 Security on the basis of the records of self-employment 
 income established and maintained by the Commissioner 
 of Social Security in accordance with such returns, 
 less the amounts specified in clause (2) of subsection 
 (b) of this section.
The amounts appropriated by clauses (3) and (4) shall be 
transferred from time to time from the general fund in the 
Treasury to the Federal Old-Age and Survivors Insurance Trust 
Fund, and the amounts appropriated by clauses (1) and (2) of 
subsection (b) shall be transferred from time to time from the 
general fund in the Treasury to the Federal Disability 
Insurance Trust Fund, such amounts to be determined on the 
basis of estimates by the Secretary of the Treasury of the 
taxes, specified in clauses (3) and (4) of this subsection, 
paid to or deposited into the Treasury; and proper adjustments 
shall be made in amounts subsequently transferred to the extent 
prior estimates were in excess of or were less than the taxes 
specified in such clauses (3) and (4) of this subsection. All 
amounts transferred to either Trust Fund under the preceding 
sentence shall be invested by the Managing Trustee in the same 
manner and to the same extent as the other assets of such Trust 
Fund. Notwithstanding the preceding sentence, in any case in 
which the Secretary of the Treasury determines that the assets 
of either such Trust Fund would otherwise be inadequate to meet 
such Fund's obligations for any month, the Secretary of the 
Treasury shall transfer to such Trust Fund on the first day of 
such month the amount which would have been transferred to such 
Fund under this section as in effect on October 1, 1990; and 
such Trust Fund shall pay interest to the general fund on the 
amount so transferred on the first day of any month at a rate 
(calculated on a daily basis, and applied against the 
difference between the amount so transferred on such first day 
and the amount which would have been transferred to the Trust 
Fund up to that day under the procedures in effect on January 
1, 1983) equal to the rate earned by the investments of such 
Fund in the same month under subsection (d).
 (b) There is hereby created on the books of the Treasury of 
the United States a trust fund to be known as the ``Federal 
Disability Insurance Trust Fund''. The Federal Disability 
Insurance Trust Fund shall consist of such gifts and bequests 
as may be made as provided in subsection (i)(1), and such 
amounts as may be appropriated to, or deposited in, such fund 
as provided in this section. There is hereby appropriated to 
the Federal Disability Insurance Trust Fund for the fiscal year 
ending June 30, 1957, and for each fiscal year thereafter, out 
of any moneys in the Treasury not otherwise appropriated, 
amounts equivalent to 100 per centum of--
 (1)(A) \1/2\ of 1 per centum of the wages (as defined 
 in section 3121 of the Internal Revenue Code of 1954) 
 paid after December 31, 1956, and before January 1, 
 1966, and reported to the Secretary of the Treasury or 
 his delegate pursuant to subtitle F of the Internal 
 Revenue Code of 1954, (B) 0.70 of 1 per centum of the 
 wages (as so defined) paid after December 31, 1965, and 
 before January 1, 1968, and so reported, (C) 0.95 of 1 
 per centum of the wages (as so defined) paid after 
 December 31, 1967, and before January 1, 1970, and so 
 reported, (D) 1.10 per centum of the wages (as so 
 defined) paid after December 31, 1969, and before 
 January 1, 1973, and so reported, (E) 1.1 per centum of 
 the wages (as so defined) paid after December 31, 1972, 
 and before January 1, 1974, and so reported, (F) 1.15 
 per centum of the wages (as so defined) paid after 
 December 31, 1973, and before January 1, 1978, and so 
 reported, (G) 1.55 per centum of the wages (as so 
 defined) paid after December 31, 1977, and before 
 January 1, 1979, and so reported, (H) 1.50 per centum 
 of the wages (as so defined) paid after December 31, 
 1978, and before January 1, 1980, and so reported, (I) 
 1.12 per centum of the wages (as so defined) paid after 
 December 31, 1979, and before January 1, 1981, and so 
 reported, (J) 1.30 per centum of the wages (as so 
 defined) paid after December 31, 1980, and before 
 January 1, 1982, and so reported, (K) 1.65 per centum 
 of the wages (as so defined) paid after December 31, 
 1981, and before January 1, 1983, and so reported, (L) 
 1.25 per centum of the wages (as so defined) paid after 
 December 31, 1982, and before January 1, 1984, and so 
 reported, (M) 1.00 per centum of the wages (as so 
 defined) paid after December 31, 1983, and before 
 January 1, 1988, and so reported, (N) 1.06 per centum 
 of the wages (as so defined) paid after December 31, 
 1987, and before January 1, 1990, and so reported, (O) 
 1.20 per centum of the wages (as so defined) paid after 
 December 31, 1989, and before January 1, 1994, and so 
 reported, (P) 1.88 per centum of the wages (as so 
 defined) paid after December 31, 1993, and before 
 January 1, 1997, and so reported, (Q) 1.70 per centum 
 of the wages (as so defined) paid after December 31, 
 1996, and before January 1, 2000, and so reported, (R) 
 1.80 per centum of the wages (as so defined) paid after 
 December 31, 1999, and before January 1, 2016, and so 
 reported, (S) 2.37 per centum of the wages (as so 
 defined) paid after December 31, 2015, and before 
 January 1, 2019, and so reported, and (T) 1.80 per 
 centum of the wages (as so defined) paid after December 
 31, 2018, and so reported,, which wages shall be 
 certified by the Commissioner of Social Security on the 
 basis of the records of wages established and 
 maintained by such Commissioner in accordance with such 
 reports; and
 (2)(A) \3/8\ of 1 per centum of the amount of self-
 employment income (as defined in section 1402 of the 
 Internal Revenue Code of 1954) reported to the 
 Secretary of the Treasury or his delegate on tax 
 returns under subtitle F of the Internal Revenue Code 
 of 1954 for any taxable year beginning after December 
 31, 1956, and before January 1, 1966, (B) 0.525 of 1 
 per centum of the amount of self-employment income (as 
 so defined) so reported for any taxable year beginning 
 after December 31, 1965, and before January 1, 1968, 
 (C) 0.7125 of 1 per centum of the amount of self-
 employment income (as so defined) so reported for any 
 taxable year beginning after December 31, 1967, and 
 before January 1, 1970, (D) 0.825 of 1 per centum of 
 the amount of self-employment income (as so defined) so 
 reported for any taxable year beginning after December 
 31, 1969, and before January 1, 1973, (E) 0.795 of 1 
 per centum of the amount of self-employment income (as 
 so defined) so reported for any taxable year beginning 
 after December 31, 1972, and before January 1, 1974, 
 (F) 0.815 of 1 per centum of the amount of self-
 employment income (as so defined) as reported for any 
 taxable year beginning after December 31, 1973, and 
 before January 1, 1978, (G) 1.090 per centum of the 
 amount of self-employment income (as so defined) so 
 reported for any taxable year beginning after December 
 31, 1977, and before January 1, 1979, (H) 1.0400 per 
 centum of the amount of self-employment income (as so 
 defined) so reported for any taxable year beginning 
 after December 31, 1978, and before January 1, 1980, 
 (I) 0.7775 per centum of the amount of self-employment 
 income (as so defined) so reported for any taxable year 
 beginning after December 31, 1979, and before January 
 1, 1981, (J) 0.9750 per centum of the amount of self-
 employment income (as so defined) so reported for any 
 taxable year beginning after December 31, 1980, and 
 before January 1, 1982, (K) 1.2375 per centum of the 
 amount of self-employment income (as so defined) so 
 reported for any taxable year beginning after December 
 31, 1981, and before January 1, 1983, (L) 0.9375 per 
 centum of the amount of self-employment income (as so 
 defined) so reported for any taxable year beginning 
 after December 31, 1982, and before January 1, 1984, 
 (M) 1.00 per centum of the amount of self-employment 
 income (as so defined) so reported for any taxable year 
 beginning after December 31, 1983, and before January 
 1, 1988, (N) 1.06 per centum of the self-employment 
 income (as so defined) so reported for any taxable year 
 beginning after December 31, 1987, and before January 
 1, 1990, (O) 1.20 per centum of the amount of self-
 employment income (as so defined) so reported for any 
 taxable year beginning after December 31, 1989, and 
 before January 1, 1994, (P) 1.88 per centum of the 
 amount of self-employment income (as so defined) so 
 reported for any taxable year beginning after December 
 31, 1993, and before January 1, 1997, (Q) 1.70 per 
 centum of the amount of self-employment income (as so 
 defined) so reported for any taxable year beginning 
 after December 31, 1996, and before January 1, 2000, 
 (R) 1.80 per centum of the amount of self-employment 
 income (as so defined) so reported for any taxable year 
 beginning after December 31, 1999, and before January 
 1, 2016, (S) 2.37 per centum of the amount of self-
 employment income (as so defined) so reported for any 
 taxable year beginning after December 31, 2015, and 
 before January 1, 2019, and (T) 1.80 per centum of the 
 amount of self-employment income (as so defined) so 
 reported for any taxable year beginning after December 
 31, 2018, which self-employment income shall be 
 certified by the Commissioner of Social Security on the 
 basis of the records of self-employment income 
 established and maintained by the Commissioner of 
 Social Security in accordance with such returns.
 (c) With respect to the Federal Old-Age and Survivors 
Insurance Trust Fund and the Federal Disability Insurance Trust 
Fund (hereinafter in this title called the ``Trust Funds'') 
there is hereby created a body to be known as the Board of 
Trustees of the Trust Funds (hereinafter in this title called 
the ``Board of Trustees'') which Board of Trustees shall be 
composed of the Commissioner of Social Security, the Secretary 
of the Treasury, the Secretary of Labor, and the Secretary of 
Health and Human Services, all ex officio, and of two members 
of the public (both of whom may not be from the same political 
party), who shall be nominated by the President for a term of 
four years and subject to confirmation by the Senate. A member 
of the Board of Trustees serving as a member of the public and 
nominated and confirmed to fill a vacancy occurring during a 
term shall be nominated and confirmed only for the remainder of 
such term. An individual nominated and confirmed as a member of 
the public may serve in such position after the expiration of 
such member's term until the earlier of the time at which the 
member's successor takes office or the time at which a report 
of the Board is first issued under paragraph (2) after the 
expiration of the member's term. The Secretary of the Treasury 
shall be the Managing Trustee of the Board of Trustees 
(hereinafter in this title called the ``Managing Trustee''). 
The Deputy Commissioner of Social Security shall serve as 
Secretary of the Board of Trustees. The Board of Trustees shall 
meet not less frequently than once each calendar year. It shall 
be the duty of the Board of Trustees to--
 (1) Hold the Trust Funds;
 (2) Report to the Congress not later than the first 
 day of April of each year on the operation and status 
 of the Trust Funds during the preceding fiscal year and 
 on their expected operation and status during the next 
 ensuing five fiscal years;
 (3) Report immediately to the Congress whenever the 
 Board of Trustees is of the opinion that the amount of 
 either of the Trust Funds is unduly small;
 (4) Recommend improvements in administrative 
 procedures and policies designed to effectuate the 
 proper coordination of the old-age and survivors 
 insurance and Federal-State unemployment compensation 
 program; and
 (5) Review the general policies followed in managing 
 the Trust Funds, and recommend changes in such 
 policies, including necessary changes in the provisions 
 of the law which govern the way in which the Trust 
 Funds are to be managed.
The report provided for in paragraph (2) above shall include a 
statement of the assets of, and the disbursements made from, 
the Trust Funds during the preceding fiscal year, an estimate 
of the expected future income to, and disbursements to be made 
from, the Trust Funds during each of the next ensuing five 
fiscal years, and a statement of the actuarial status of the 
Trust Funds. Such statement shall include a finding by the 
Board of Trustees as to whether the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund, individually and collectively, are in 
close actuarial balance (as defined by the Board of Trustees). 
Such report shall include an actuarial opinion by the Chief 
Actuary of the Social Security Administration certifying that 
the techniques and methodologies used are generally accepted 
within the actuarial profession and that the assumptions and 
cost estimates used are reasonable. Such report shall also 
include an actuarial analysis of the benefit disbursements made 
from the Federal Old-Age and Survivors Insurance Trust Fund 
with respect to disabled beneficiaries. Such report shall be 
printed as a House document of the session of the Congress to 
which the report is made. A person serving on the Board of 
Trustees shall not be considered to be a fiduciary and shall 
not be personally liable for actions taken in such capacity 
with respect to the Trust Funds.
 (d) It shall be the duty of the Managing Trustee to invest 
such portion of the Trust Funds as is not, in his judgment, 
required to meet current withdrawals. Such investments may be 
made only in interest-bearing obligations of the United States 
or in obligations guaranteed as to both principal and interest 
by the United States. For such purpose such obligations may be 
acquired (1) on original issue at the issue price, or (2) by 
purchase of outstanding obligations at the market price. The 
purposes for which obligations of the United States may be 
issued under chapter 31 of title 31, United States Code, are 
hereby extended to authorize the issuance at par of public-debt 
obligations for purchase by the Trust Funds. Such obligations 
issued for purchase by the Trust Funds shall have maturities 
fixed with due regard for the needs of the Trust Funds and 
shall bear interest at a rate equal to the average market yield 
(computed by the Managing Trustee on the basis of market 
quotations as of the end of the calendar month next preceding 
the date of such issue) on all marketable interest-bearing 
obligations of the United States then forming a part of the 
public debt which are not due or callable until after the 
expiration of four years from the end of such calendar month; 
except that where such average market yield is not a multiple 
of one-eighth of 1 per centum, the rate of interest of such 
obligations shall be the multiple of one-eighth of 1 per centum 
nearest such market yield. Each obligation issued for purchase 
by the Trust Funds under this subsection shall be evidenced by 
a paper instrument in the form of a bond, note, or certificate 
of indebtedness issued by the Secretary of the Treasury setting 
forth the principal amount, date of maturity, and interest rate 
of the obligation, and stating on its face that the obligation 
shall be incontestable in the hands of the Trust Fund to which 
it is issued, that the obligation is supported by the full 
faith and credit of the United States, and that the United 
States is pledged to the payment of the obligation with respect 
to both principal and interest. The Managing Trustee may 
purchase other interest-bearing obligations of the United 
States or obligations guaranteed as to both principal and 
interest by the United States, on original issue or at the 
market price, only where he determines that the purchase of 
such other obligations is in the public interest.
 (e) Any obligations acquired by the Trust Funds (except 
public-debt obligations issued exclusively to the Trust Funds) 
may be sold by the Managing Trustee at the market price, and 
such public-debt obligations may be redeemed at par plus 
accrued interest.
 (f) The interest on, and the proceeds from the sale or 
redemption of, any obligations held in the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund shall be credited to and form a part of 
the Federal Old-Age and Survivors Insurance Trust Fund and the 
Disability Insurance Trust Fund, respectively. Payment from the 
general fund of the Treasury to either of the Trust Funds of 
any such interest or proceeds shall be in the form of paper 
checks drawn on such general fund to the order of such Trust 
Fund.
 (g)(1)(A) The Managing Trustee of the Trust Funds (which for 
purposes of this paragraph shall include also the Federal 
Hospital Insurance Trust Fund and the Federal Supplementary 
Medical Insurance Trust Fund established by title XVIII) is 
directed to pay from the Trust Funds into the Treasury--
 (i) the amounts estimated by the Managing Trustee, 
 the Commissioner of Social Security, and the Secretary 
 of Health and Human Services which will be expended, 
 out of moneys appropriated from the general fund in the 
 Treasury, during a three-month period by the Department 
 of Health and Human Services for the administration of 
 title XVIII of this Act, and by the Department of the 
 Treasury for the administration of titles II and XVIII 
 of this Act and chapters 2 and 21 of the Internal 
 Revenue Code of 1986, less
 (ii) the amounts estimated (pursuant to the 
 applicable method prescribed under paragraph (4) of 
 this subsection) by the Commissioner of Social Security 
 which will be expended, out of moneys made available 
 for expenditures from the Trust Funds, during such 
 three-month period to cover the cost of carrying out 
 the functions of the Social Security Administration, 
 specified in section 232, which relate to the 
 administration of provisions of the Internal Revenue 
 Code of 1986 other than those referred to in clause (i) 
 and the functions of the Social Security Administration 
 in connection with the withholding of taxes from 
 benefits, as described in section 207(c), pursuant to 
 requests by persons entitled to such benefits or such 
 persons' representative payee.
Such payments shall be carried into the Treasury as the net 
amount of repayments due the general fund account for 
reimbursement of expenses incurred in connection with the 
administration of titles II and XVIII of this Act and chapters 
2 and 21 of the Internal Revenue Code of 1986. A final 
accounting of such payments for any fiscal year shall be made 
at the earliest practicable date after the close thereof. There 
are hereby authorized to be made available for expenditure, out 
of any or all of the Trust Funds, such amounts as the Congress 
may deem appropriate to pay the costs of the part of the 
administration of this title, title VIII, title XVI, and title 
XVIII for which the Commissioner of Social Security is 
responsible, the costs of title XVIII for which the Secretary 
of Health and Human Services is responsible, and the costs of 
carrying out the functions of the Social Security 
Administration, specified in section 232, which relate to the 
administration of provisions of the Internal Revenue Code of 
1986 other than those referred to in clause (i) of the first 
sentence of this subparagraph and the functions of the Social 
Security Administration in connection with the withholding of 
taxes from benefits, as described in section 207(c), pursuant 
to requests by persons entitled to such benefits or such 
persons' representative payee. Of the amounts authorized to be 
made available out of the Federal Old-Age and Survivors 
Insurance Trust Fund and the Federal Disability Insurance Trust 
Fund under the preceding sentence, there are hereby authorized 
to be made available from either or both of such Trust Funds 
for continuing disability reviews--
 (i) for fiscal year 1996, $260,000,000;
 (ii) for fiscal year 1997, $360,000,000;
 (iii) for fiscal year 1998, $570,000,000;
 (iv) for fiscal year 1999, $720,000,000;
 (v) for fiscal year 2000, $720,000,000;
 (vi) for fiscal year 2001, $720,000,000; and
 (viii) for fiscal year 2002, $720,000,000.
For purposes of this subparagraph, the term ``continuing 
disability review'' means a review conducted pursuant to 
section 221(i) and a review or disability eligibility 
redetermination conducted to determine the continuing 
disability and eligibility of a recipient of benefits under the 
supplemental security income program under title XVI, including 
any review or redetermination conducted pursuant to section 207 
or 208 of the Social Security Independence and Program 
Improvements Act of 1994 (Public Law 103-296).
 (B) After the close of each fiscal year--
 (i) the Commissioner of Social Security shall 
 determine--
 (I) the portion of the costs, incurred during 
 such fiscal year, of administration of this 
 title, title VIII, title XVI, and title XVIII 
 for which the Commissioner is responsible and 
 of carrying out the functions of the Social 
 Security Administration, specified in section 
 232, which relate to the administration of 
 provisions of the Internal Revenue Code of 1986 
 (other than those referred to in clause (i) of 
 the first sentence of subparagraph (A)) and the 
 functions of the Social Security Administration 
 in connection with the withholding of taxes 
 from benefits, as described in section 207(c), 
 pursuant to requests by persons entitled to 
 such benefits or such persons' representative 
 payee, which should have been borne by the 
 general fund of the Treasury,
 (II) the portion of such costs which should 
 have been borne by the Federal Old-Age and 
 Survivors Insurance Trust Fund,
 (III) the portion of such costs which should 
 have been borne by the Federal Disability 
 Insurance Trust Fund,
 (IV) the portion of such costs which should 
 have been borne by the Federal Hospital 
 Insurance Trust Fund, and
 (V) the portion of such costs which should 
 have been borne by the Federal Supplementary 
 Medical Insurance Trust Fund (and, of such 
 portion, the portion of such costs which should 
 have been borne by the Medicare Prescription 
 Drug Account in such Trust Fund), and
 (ii) the Secretary of Health and Human Services shall 
 determine--
 (I) the portion of the costs, incurred during 
 such fiscal year, of the administration of 
 title XVIII for which the Secretary is 
 responsible, which should have been borne by 
 the general fund of the Treasury,
 (II) the portion of such costs which should 
 have been borne by the Federal Hospital 
 Insurance Trust Fund, and
 (III) the portion of such costs which should 
 have been borne by the Federal Supplementary 
 Medical Insurance Trust Fund (and, of such 
 portion, the portion of such costs which should 
 have been borne by the Medicare Prescription 
 Drug Account in such Trust Fund).
 (C) After the determinations under subparagraph (B) have been 
made for any fiscal year, the Commissioner of Social Security 
and the Secretary shall each certify to the Managing Trustee 
the amounts, if any, which should be transferred from one to 
any of the other such Trust Funds and the amounts, if any, 
which should be transferred between the Trust Funds (or one of 
the Trust Funds) and the general fund of the Treasury, in order 
to ensure that each of the Trust Funds and the general fund of 
the Treasury have borne their proper share of the costs, 
incurred during such fiscal year, for--
 (i) the parts of the administration of this title, 
 title VIII, title XVI, and title XVIII for which the 
 Commissioner of Social Security is responsible,
 (ii) the parts of the administration of title XVIII 
 for which the Secretary is responsible, and
 (iii) carrying out the functions of the Social 
 Security Administration, specified in section 232, 
 which relate to the administration of provisions of the 
 Internal Revenue Code of 1986 (other than those 
 referred to in clause (i) of the first sentence of 
 subparagraph (A)) and the functions of the Social 
 Security Administration in connection with the 
 withholding of taxes from benefits, as described in 
 section 207(c), pursuant to requests by persons 
 entitled to such benefits or such persons' 
 representative payee.
The Managing Trustee shall transfer any such amounts in 
accordance with any certification so made.
 (D) The determinations required under subclauses (IV) and (V) 
of subparagraph (B)(i) shall be made in accordance with the 
cost allocation methodology in existence on the date of the 
enactment of the Social Security Independence and Program 
Improvements Act of 1994, until such time as the methodology 
for making the determinations required under such subclauses is 
revised by agreement of the Commissioner and the Secretary, 
except that the determination of the amounts to be borne by the 
general fund of the Treasury with respect to expenditures 
incurred in carrying out the functions of the Social Security 
Administration specified in section 232 and the functions of 
the Social Security Administration in connection with the 
withholding of taxes from benefits as described in section 
207(c) shall be made pursuant to the applicable method 
prescribed under paragraph (4).
 (2) The Managing Trustee is directed to pay from time to time 
from the Trust Funds into the Treasury the amount estimated by 
him as taxes imposed under section 3101(a) of the Internal 
Revenue Code of 1986 which are subject to refund under section 
6413(c) of such Code with respect to wages (as defined in 
section 3121 of such Code). Such taxes shall be determined on 
the basis of the records of wages maintained by the 
Commissioner of Social Security in accordance with the wages 
reported to the Secretary of the Treasury or his delegate 
pursuant to subtitle F of such Code, and the Commissioner of 
Social Security shall furnish the Managing Trustee such 
information as may be required by the Trustee for such purpose. 
The payments by the Managing Trustee shall be covered into the 
Treasury as repayments to the account for refunding internal 
revenue collections. Payments pursuant to the first sentence of 
this paragraph shall be made from the Federal Old-Age and 
Survivors Insurance Trust Fund and the Federal Disability 
Insurance Trust Fund in the ratio in which amounts were 
appropriated to such Trust Funds under clause (3) of subsection 
(a) of this section and clause (1) of subsection (b) of this 
section.
 (3) Repayments made under paragraph (1) or (2) shall not be 
available for expenditures but shall be carried to the surplus 
fund of the Treasury. If it subsequently appears that the 
estimates under either such paragraph in any particular period 
were too high or too low, appropriate adjustments shall be made 
by the Managing Trustee in future payments.
 (4) The Commissioner of Social Security shall utilize the 
method prescribed pursuant to this paragraph, as in effect 
immediately before the date of the enactment of the Social 
Security Independence and Program Improvements Act of 1994, for 
determining the costs which should be borne by the general fund 
of the Treasury of carrying out the functions of the 
Commissioner, specified in section 232, which relate to the 
administration of provisions of the Internal Revenue Code of 
1986 (other than those referred to in clause (i) of the first 
sentence of paragraph (1)(A)). The Board of Trustees of such 
Trust Funds shall prescribe the method of determining the costs 
which should be borne by the general fund in the Treasury of 
carrying out the functions of the Social Security 
Administration in connection with the withholding of taxes from 
benefits, as described in section 207(c), pursuant to requests 
by persons entitled to such benefits or such persons' 
representative payee. If at any time or times thereafter the 
Boards of Trustees of such Trust Funds consider such action 
advisable, they may modify the method of determining such 
costs.
 (h) Benefit payments required to be made under section 223, 
and benefit payments required to be made under subsection (b), 
(c), or (d) of section 202 to individuals entitled to benefits 
on the basis of the wages and self-employment income of an 
individual entitled to disability insurance benefits, shall be 
made only from the Federal Disability Insurance Trust Fund. All 
other benefit payments required to be made under this title 
(other than section 226) shall be made only from the Federal 
Old-Age and Survivors Insurance Trust Fund.
 (i)(1) The Managing Trustee may accept on behalf of the 
United States money gifts and bequests made unconditionally to 
the Federal Old-Age and Survivors Insurance Trust Fund, the 
Federal Disability Insurance Trust Fund, the Federal Hospital 
Insurance Trust Fund, or the Federal Supplementary Medical 
Insurance Trust Fund (and for the Medicare Prescription Drug 
Account and the Transitional Assistance Account in such Trust 
Fund) or to the Social Security Administration, the Department 
of Health and Human Services, or any part or officer thereof, 
for the benefit of any of such Funds or any activity financed 
through such Funds.
 (2) Any such gift accepted pursuant to the authority granted 
in paragraph (1) of this subsection shall be deposited in--
 (A) the specific trust fund designated by the donor 
 or
 (B) if the donor has not so designated, the Federal 
 Old-Age and Survivors Insurance Trust Fund.
 (j) There are authorized to be made available for 
expenditure, out of the Federal Old-Age and Survivors Insurance 
Trust Fund, or the Federal Disability Insurance Trust Fund (as 
determined appropriate by the Commissioner of Social Security), 
such amounts as are required to pay travel expenses, either on 
an actual cost or commuted basis, to individuals for travel 
incident to medical examinations requested by the Commissioner 
of Social Security in connection with disability determinations 
under this title, and to parties, their representatives, and 
all reasonably necessary witnesses for travel within the United 
States (as defined in section 210(i)) to attend reconsideration 
interviews and proceedings before administrative law judges 
with respect to any determination under this title. The amount 
available under the preceding sentence for payment for air 
travel by any person shall not exceed the coach fare for air 
travel between the points involved unless the use of first-
class accommodations is required (as determined under 
regulations of the Commissioner of Social Security) because of 
such person's health condition or the unavailability of 
alternative accommodations; and the amount available for 
payment for other travel by any person shall not exceed the 
cost of travel (between the points involved) by the most 
economical and expeditious means of transportation appropriate 
to such person's health condition, as specified in such 
regulations. The amount available for payment under this 
subsection for travel by a representative to attend an 
administrative proceeding before an administrative law judge or 
other adjudicator shall not exceed the maximum amount allowable 
under this subsection for such travel originating within the 
geographic area of the office having jurisdiction over such 
proceeding.
 [(k) Expenditures made for experiments and demonstration 
projects under section 234 shall be made from the Federal 
Disability Insurance Trust Fund and the Federal Old-Age and 
Survivors Insurance Trust Fund, as determined appropriate by 
the Commissioner of Social Security.]
 (k) Administrative expenditures for experiments and 
demonstration projects under section 234 shall be paid from 
funds made available for the administration of this title. 
Benefits payable to or on behalf of individuals by reason of 
participation in experiments and demonstration projects under 
section 234 shall be made from the Federal Old-Age and 
Survivors Insurance Trust Fund or the Federal Disability 
Insurance Trust Fund, as determined appropriate by the 
Commissioner of Social Security.
 (l)(1) If at any time prior to January 1988 the Managing 
Trustee determines that borrowing authorized under this 
subsection is appropriate in order to best meet the need for 
financing the benefit payments from the Federal Old-Age and 
Survivors Insurance Trust Fund or the Federal Disability 
Insurance Trust Fund, the Managing Trustee may borrow such 
amounts as he determines to be appropriate from the other such 
Trust Fund, or, subject to paragraph (5), from the Federal 
Hospital Insurance Trust Fund established under section 1817, 
for transfer to and deposit in the Trust Fund whose need for 
financing is involved.
 (2) In any case where a loan has been made to a Trust Fund 
under paragraph (1), there shall be transferred on the last day 
of each month after such loan is made, from the borrowing Trust 
Fund to the lending Trust Fund, the total interest accrued to 
such day with respect to the unrepaid balance of such loan at a 
rate equal to the rate which the lending Trust Fund would earn 
on the amount involved if the loan were an investment under 
subsection (d) (even if such an investment would earn interest 
at a rate different than the rate earned by investments 
redeemed by the lending fund in order to make the loan).
 (3)(A) If in any month after a loan has been made to a Trust 
Fund under paragraph (1), the Managing Trustee determines that 
the assets of such Trust Fund are sufficient to permit 
repayment of all or part of any loans made to such Fund under 
paragraph (1), he shall make such repayments as he determines 
to be appropriate.
 (B)(i) If on the last day of any year after a loan has been 
made under paragraph (1) by the Federal Hospital Insurance 
Trust Fund to the Federal Old-Age and Survivors Insurance Trust 
Fund or the Federal Disability Insurance Trust Fund, the 
Managing Trustee determines that the OASDI trust fund ratio 
exceeds 15 percent, he shall transfer from the borrowing Trust 
Fund to the Federal Hospital Insurance Trust Fund an amount 
that--
 (I) together with any amounts transferred from 
 another borrowing Trust Fund under this paragraph for 
 such year, will reduce the OASDI trust fund ratio to 15 
 percent; and
 (II) does not exceed the outstanding balance of such 
 loan.
 (ii) Amounts required to be transferred under clause (i) 
shall be transferred on the last day of the first month of the 
year succeeding the year in which the determination described 
in clause (i) is made.
 (iii) For purposes of this subparagraph, the term ``OASDI 
trust fund ratio'' means, with respect to any calendar year, 
the ratio of--
 (I) the combined balance in the Federal Old-Age and 
 Survivors Insurance Trust Fund and the Federal 
 Disability Insurance Trust Fund, as of the last day of 
 such calendar year, to
 (II) the amount estimated by the Commissioner of 
 Social Security to be the total amount to be paid from 
 the Federal Old-Age and Survivors Insurance Trust Fund 
 and the Federal Disability Insurance Trust Fund during 
 the calendar year following such calendar year for all 
 purposes authorized by section 201 (other than payments 
 of interest on, and repayments of, loans from the 
 Federal Hospital Insurance Trust Fund under paragraph 
 (1), but excluding any transfer payments between such 
 trust funds and reducing the amount of any transfer to 
 the Railroad Retirement Account by the amount of any 
 transfers into either such trust fund from that 
 Account).
 (C)(i) The full amount of all loans made under paragraph (1) 
(whether made before or after January 1, 1983) shall be repaid 
at the earliest feasible date and in any event no later than 
December 31, 1989.
 (ii) For the period after December 31, 1987, and before 
January 1, 1990, the Managing Trustee shall transfer each month 
to the Federal Hospital Insurance Trust Fund from any Trust 
Fund with any amount outstanding on a loan made from the 
Federal Hospital Insurance Trust Fund under paragraph (1) an 
amount not less than an amount equal to (I) the amount owed to 
the Federal Hospital Insurance Trust Fund by such Trust Fund at 
the beginning of such month (plus the interest accrued on the 
outstanding balance of such loan during such month), divided by 
(II) the number of months elapsing after the preceding month 
and before January 1990. The Managing Trustee may, during this 
period, transfer larger amounts than prescribed by the 
preceding sentence.
 (4) The Board of Trustees shall make a timely report to the 
Congress of any amounts transferred (including interest 
payments) under this subsection.
 (5)(A) No amounts may be borrowed from the Federal Hospital 
Insurance Trust Fund under paragraph (1) during any month if 
the Hospital Insurance Trust Fund ratio for such month is less 
than 10 percent.
 (B) For purposes of this paragraph, the term ``Hospital 
Insurance Trust Fund ratio'' means, with respect to any month, 
the ratio of--
 (i) the balance in the Federal Hospital Insurance 
 Trust Fund, reduced by the outstanding amount of any 
 loan (including interest thereon) theretofore made to 
 such Trust Fund under this subsection, as of the last 
 day of the second month preceding such month, to
 (ii) the amount obtained by multiplying by twelve the 
 total amount which (as estimated by the Secretary) will 
 be paid from the Federal Hospital Insurance Trust Fund 
 during the month for which such ratio is to be 
 determined (other than payments of interest on, or 
 repayments of loans from another Trust Fund under this 
 subsection), and reducing the amount of any transfers 
 to the Railroad Retirement Account by the amount of any 
 transfer into the Hospital Insurance Trust Fund from 
 that Account.
 (m)(1) The Secretary of the Treasury shall implement 
procedures to permit the identification of each check issued 
for benefits under this title that has not been presented for 
payment by the close of the sixth month following the month of 
its issuance.
 (2) The Secretary of the Treasury shall, on a monthly basis, 
credit each of the Trust Funds for the amount of all benefit 
checks (including interest thereon) drawn on such Trust Fund 
more than 6 months previously but not presented for payment and 
not previously credited to such Trust Fund, to the extent 
provided in advance in appropriation Acts.
 (3) If a benefit check is presented for payment to the 
Treasury and the amount thereof has been previously credited 
pursuant to paragraph (2) to one of the Trust Funds, the 
Secretary of the Treasury shall nevertheless pay such check, if 
otherwise proper, recharge such Trust Fund, and notify the 
Commissioner of Social Security.
 (4) A benefit check bearing a current date may be issued to 
an individual who did not negotiate the original benefit check 
and who surrenders such check for cancellation if the Secretary 
of the Treasury determines it is necessary to effect proper 
payment of benefits.
 (n) Not later than July 1, 2004, the Secretary of the 
Treasury shall transfer, from amounts in the general fund of 
the Treasury that are not otherwise appropriated--
 (1) $624,971,854 to the Federal Old-Age and Survivors 
 Insurance Trust Fund;
 (2) $105,379,671 to the Federal Disability Insurance 
 Trust Fund; and
 (3) $173,306,134 to the Federal Hospital Insurance 
 Trust Fund.
Amounts transferred in accordance with this subsection shall be 
in satisfaction of certain outstanding obligations for deemed 
wage credits for 2000 and 2001.

 * * * * * * *

 DEMONSTRATION PROJECT AUTHORITY

 Sec. 234. (a) Authority.--
 (1) In general.--The Commissioner of Social Security 
 (in this section referred to as the ``Commissioner'') 
 shall develop and carry out experiments and 
 demonstration projects designed to promote attachment 
 to the labor force and to determine the relative 
 advantages and disadvantages of--
 (A) various alternative methods of treating 
 the work activity of individuals 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)), including such 
 methods as a reduction in benefits based on 
 earnings, designed to encourage the return to 
 work of such individuals;
 (B) altering other limitations and conditions 
 applicable to such individuals (including 
 lengthening the trial work period (as defined 
 in section 222(c)), altering the 24-month 
 waiting period for hospital insurance benefits 
 under section 226, altering the manner in which 
 the program under this title is administered, 
 earlier referral of such individuals for 
 rehabilitation, and greater use of employers 
 and others to develop, perform, and otherwise 
 stimulate new forms of rehabilitation); and
 (C) implementing sliding scale benefit 
 offsets using variations in--
 (i) the amount of the offset as a 
 proportion of earned income;
 (ii) the duration of the offset 
 period; and
 (iii) the method of determining the 
 amount of income earned by such 
 individuals,
 to the end that savings will accrue to the Trust Funds, 
 or to otherwise promote the objectives or facilitate 
 the administration of this title.
 (2) Authority for expansion of scope.--The 
 Commissioner may expand the scope of any such 
 experiment or demonstration project to include any 
 group of applicants for benefits under the program 
 established under this title with impairments that 
 reasonably may be presumed to be disabling for purposes 
 of such demonstration project, and may limit any such 
 demonstration project to any such group of applicants, 
 subject to the terms of such demonstration project 
 which shall define the extent of any such presumption.
 (b) Requirements.--The experiments and demonstration projects 
developed under subsection (a) shall be of sufficient scope and 
shall be carried out on a wide enough scale to permit a 
thorough evaluation of the alternative methods under 
consideration while giving assurance that the results derived 
from the experiments and projects will obtain generally in the 
operation of the disability insurance program under this title 
without committing such program to the adoption of any 
particular system either locally or nationally.
 (c) Authority To Waive Compliance With Benefits 
Requirements.--In the case of any experiment or demonstration 
project initiated under subsection (a) on or before [December 
30, 2021] December 31, 2030, the Commissioner may waive 
compliance with the benefit requirements of this title and the 
requirements of section 1148 as they relate to the program 
established under this title, and the Secretary may (upon the 
request of the Commissioner) waive compliance with the benefits 
requirements of title XVIII, insofar as is necessary for a 
thorough evaluation of the alternative methods under 
consideration. No such experiment or project shall be actually 
placed in operation unless at least [90 days] 120 days prior 
thereto a written report, prepared for purposes of notification 
and information only and containing a full and complete 
description thereof, including the objectives of the experiment 
or demonstration project, the expected annual and total costs, 
evaluation metrics to be used with respect to the experiment or 
demonstration project, and the dates on which the experiment or 
demonstration project is expected to start and finish, has been 
transmitted by the Commissioner to the Committee on Ways and 
Means of the House of Representatives and to the Committee on 
Finance of the Senate. Periodic reports on the progress of such 
experiments and demonstration projects shall be submitted by 
the Commissioner to such committees. When appropriate, such 
reports shall include detailed recommendations for changes in 
administration or law, or both, to carry out the objectives 
stated in subsection (a).
 (d) Reports.--
 (1) Interim reports.--On or before September 30 of 
 each year, the Commissioner shall submit to the 
 Committee on Ways and Means of the House of 
 Representatives and to the Committee on Finance of the 
 Senate an annual interim report on the progress of the 
 experiments and demonstration projects carried out 
 under this [subsection] section together with any 
 related data and materials that the Commissioner may 
 consider appropriate.
 (2) Termination and final report.--The authority to 
 initiate projects under the preceding provisions of 
 this section shall terminate on [December 31, 2021, and 
 the authority to carry out such projects shall 
 terminate on December 31, 2022] December 31, 2030, and 
 the authority to carry out such projects shall 
 terminate on December 31, 2031. Not later than 90 days 
 after the termination of any experiment or 
 demonstration project carried out under this section, 
 the Commissioner shall submit to the Committee on Ways 
 and Means of the House of Representatives and to the 
 Committee on Finance of the Senate a final report with 
 respect to that experiment or demonstration project.
 (e) Additional Requirements.--In developing and carrying out 
any experiment or demonstration project under this section, the 
Commissioner may not require any individual to participate in 
such experiment or demonstration project and shall ensure--
 (1) that the voluntary participation of individuals 
 in such experiment or demonstration project is obtained 
 through informed written consent which satisfies the 
 requirements for informed consent established by the 
 Commissioner for use in such experiment or 
 demonstration project in which human subjects are at 
 risk;
 (2) that any individual's voluntary agreement to 
 participate in any such experiment or demonstration 
 project may be revoked by such individual at any time; 
 [and]
 (3) that such experiment or demonstration project is 
 expected to yield statistically significant results[.]; 
 and
 (4) that the total income of an individual will not 
 be reduced due to the individual's participation in an 
 experiment or demonstration project.
 [(f) Promoting Opportunity Demonstration Project.--
 [(1) In general.--The Commissioner shall carry out a 
 demonstration project under this subsection as 
 described in paragraph (2) during a 5-year period 
 beginning not later than January 1, 2017.
 [(2) Benefit offset.--Under the demonstration project 
 described in this paragraph, with respect to any 
 individual participating in the project who is 
 otherwise entitled to a benefit under section 223(a)(1) 
 for a month--
 [(A) any such benefit otherwise payable to 
 the individual for such month (other than a 
 benefit payable for any month prior to the 1st 
 month beginning after the date on which the 
 individual's entitlement to such benefit is 
 determined) shall be reduced by $1 for each $2 
 by which the individual's earnings derived from 
 services paid during such month exceeds an 
 amount equal to the individual's impairment-
 related work expenses for such month (as 
 determined under paragraph (3)), except that 
 such benefit may not be reduced below $0;
 [(B) no benefit shall be payable under 
 section 202 on the basis of the wages and self-
 employment income of the individual for any 
 month for which the benefit of such individual 
 under section 223(a)(1) is reduced to $0 
 pursuant to subparagraph (A);
 [(C) entitlement to any benefit described in 
 subparagraph (A) or (B) shall not terminate due 
 to earnings derived from services except 
 following the first month for which such 
 benefit has been reduced to $0 pursuant to 
 subparagraph (A) (and the trial work period (as 
 defined in section 222(c)) and extended period 
 of eligibility shall not apply to any such 
 individual for any such month); and
 [(D) in any case in which such an individual 
 is entitled to hospital insurance benefits 
 under part A of title XVIII by reason of 
 section 226(b) and such individual's 
 entitlement to a benefit described in 
 subparagraph (A) or (B) or status as a 
 qualified railroad retirement beneficiary is 
 terminated pursuant to subparagraph (C), such 
 individual shall be deemed to be entitled to 
 such benefits or to occupy such status 
 (notwithstanding the termination of such 
 entitlement or status) for the period of 
 consecutive months throughout all of which the 
 physical or mental impairment, on which such 
 entitlement or status was based, continues, and 
 throughout all of which such individual would 
 have been entitled to monthly insurance 
 benefits under title II or as a qualified 
 railroad retirement beneficiary had such 
 termination of entitlement or status not 
 occurred, but not in excess of 93 such months.
 [(3) Impairment-related work expenses.--
 [(A) In general.--For purposes of paragraph 
 (2)(A) and except as provided in subparagraph 
 (C), the amount of an individual's impairment-
 related work expenses for a month is deemed to 
 be the minimum threshold amount.
 [(B) Minimum threshold amount.--In this 
 paragraph, the term ``minimum threshold 
 amount'' means an amount, to be determined by 
 the Commissioner, which shall not exceed the 
 amount sufficient to demonstrate that an 
 individual has rendered services in a month, as 
 determined by the Commissioner under section 
 222(c)(4)(A). The Commissioner may test 
 multiple minimum threshold amounts.
 [(C) Exception for itemized impairment-
 related work expenses.--
 [(i) In general.--Notwithstanding 
 subparagraph (A), in any case in which 
 the amount of such an individual's 
 itemized impairment-related work 
 expenses (as defined in clause (ii)) 
 for a month is greater than the minimum 
 threshold amount, the amount of the 
 individual's impairment-related work 
 expenses for the month shall be equal 
 to the amount of the individual's 
 itemized impairment-related work 
 expenses (as so defined) for the month.
 [(ii) Definition.--In this 
 subparagraph, the term ``itemized 
 impairment-related work expenses'' 
 means the amount excluded under section 
 223(d)(4)(A) from an individual's 
 earnings for a month in determining 
 whether an individual is able to engage 
 in substantial gainful activity by 
 reason of such earnings in such month, 
 except that such amount does not 
 include the cost to the individual of 
 any item or service for which the 
 individual does not provide to the 
 Commissioner a satisfactory itemized 
 accounting.
 [(D) Limitation.--Notwithstanding the other 
 provisions of this paragraph, for purposes of 
 paragraph (2)(A), the amount of an individual's 
 impairment-related work expenses for a month 
 shall not exceed the amount of earnings derived 
 from services, prescribed by the Commissioner 
 under regulations issued pursuant to section 
 223(d)(4)(A), sufficient to demonstrate an 
 individual's ability to engage in substantial 
 gainful activity.]

 * * * * * * *

 VII. DISSENTING VIEWS

 Ways and Means Democrats have long supported improving 
opportunities for Social Security Disability Insurance (SSDI) 
beneficiaries who wish to explore a return to work. To advance 
this goal, Congress has previously granted the Social Security 
Administration (SSA) with time-limited demonstration authority 
to test improvements to its return-to-work policies and 
services. Prior demonstration projects have explored many 
options including enhanced education and work supports, 
increased access to health care, and earnings limits that were 
more favorable than under current law. In some projects, this 
led to improved health outcomes and mental health status, 
greater rates of employment, and higher earnings; however, none 
of the findings showed that the demonstrations tested would 
likely lead to a substantial reduction in SSDI participation or 
savings to the Social Security trust funds.
 Yet during his first Administration, President Trump 
repeatedly proposed using SSA's demonstration authorities to 
slash disability benefits by approximately $50 billion over 10 
years. President Trump's attempts to impose devastating cuts on 
SSDI beneficiaries did not stop there. During his first term, 
his budgets included long lists of hoped-for SSDI benefit cuts, 
and his Administration proposed a rule that would have thrown 
people of Social Security disability benefits by subjecting 
them to more frequent continuing disability reviews. As 
recently as 2025, the Trump Administration was considering a 
rule to strip away Social Security disability benefits from 
older, severely disabled workers by making it harder to qualify 
for benefits. The Administration only pulled back from these 
and other planned benefit cuts after massive public outcry and 
strong opposition by Ways and Means Democrats.
 It is with this lens that we are forced to consider H.R. 
8884, the Removing Barriers to Work for Disabled Americans Act, 
which proposes to reauthorize the SSDI demonstration authority 
through 2030.
 In the past, prior to any reauthorization of the SSDI 
demonstration authority SSA typically worked with Congress to 
closely review its intended projects; this ensured that the 
planned use of the authority was well-understood before 
enactment. In contrast, at this time SSA has not disclosed any 
information on how it would use the SSDI demonstration 
authority, if reauthorized under H.R. 8884. While Ways and 
Means Republicans have cited the Purple Heart Freedom to Work 
Act (H.R. 1841) as an example of a potentially beneficial use 
of the authority, H.R. 8884 does not commit SSA to testing this 
or any other specific plan. Instead, the bill leaves the SSDI 
demonstration project(s) open-ended, for the Trump 
Administration to determine.
 At the same time, H.R. 8884 fails to add sufficient 
guardrails that could address concerns about what the Trump 
Administration might do with such broad authority, given its 
track record of repeated attempts at sweeping benefit cuts. For 
example, while participation in demonstrations would remain 
voluntary (as under current law), the bill does not protect 
participants against demonstrations that could result in their 
benefits being reduced compared to current law. Instead, the 
amendment in the nature of a substitute prevents an 
individual's total income from being reduced due to 
participation. Under this provision, beneficiaries could have 
lower benefits than under current law, and applicants who would 
be found eligible under current law could have even fewer 
protections against claim delays or denials of their benefit 
claims. In addition, while H.R. 8884 extends the window for 
Congressional notification from 90 days to 120 days prior to 
implementation of a demonstration, it fails to require public 
notice and comment or allow for Congressional disapproval.
 H.R. 8884 also adds a new requirement that SSA must use its 
operating budget to fund the administrative costs of any SSDI 
demonstration projects; the operating budget funds the agency's 
customer service and is subject to annual appropriations 
limits. In contrast, current law authorizes SSA to use 
mandatory disability trust fund dollars for all SSDI 
demonstration costs, including administrative costs. This can 
help to prevent demonstration project costs from reducing 
scarce resources for front-line customer service. The Trump 
Administration has already thrown SSA into a customer service 
crisis. Forcing the agency to take away from its customer 
service budget in order to pursue ideologically-driven 
demonstrations may only worsen SSA's service to the public.
 Social Security Subcommittee Ranking Member John B. Larson 
ordered an amendment to H.R. 8884 to address these concerns. 
Unfortunately, the Majority failed to support the amendment's 
commonsense protections.
 Sincerely,
 Richard E. Neal,
 Ranking Member.