SENIOR CITIZENS' FREEDOM TO WORK ACT OF 2000 H.R.5 PUBLIC LW106-182 106TH CONGRESS REPORTS, BILLS, DEBATES, AND ACT Social Security Administration SENIOR CITIZENS' FREEDOM TO WORK ACT OF 2000 HR. 5 PUBLIClAW 106-182 106TH CONGRESS REPORTS, BILLS, DEBATES, AND ACT SocialSecurityAdministration Officeof the Deputy Commissioner for Legislation and Congressional Affairs PREFACE This 1-volume compilation contains historical documents pertaining to P.L. 106-182, the "Senior Citizens' Freedom to Work Act of 2000." The book contains congressional debates, a chronological compilation of documents pertinent to the legislative history of the public law and listings of relevant reference materials. Pertinent documents include: o Differing versions of key bills o Committee reports o Excerpts from the Congressional Record o The Public Law This history is prepared by the Office of the Deputy Commissioner for Legislation and Congressional Affairs and is designed to serve as a helpful resource tool for those charged with interpreting laws administered by the Social Security Administration. TABLE OF CONTENTS SENIOR CITIZENS' FREEDOM TO WORK ACT OF 2000 House Action on H.R. 5 A. H.R. 5, "Senior Citizens' Freedom To Work Act of 1999," as introduced—March 1, 1999 B. Committee on Ways and Means Report House Report No. 106-5 07 (to accompany H.R. 5)—March 1, 2000 C. Committee on Ways and Means reported bill -March 1, 2000 D. House Debate on H.R. 5--Congressional Record--March_1, 2000 E. House-Passed Bill—March 1, 2000 II. Senate Action on H.R. 5 A. H.R. 5 as received in the Senate—March 2, 2000 B. Senate Debate on H.R. 5—Congressional Record—March 21- 22, 2000 C. H.R. 5 as passed by Senate (Engrossed)—March 22, 2000 III.House Action on Senate passed bill A. House Debate --CongressionalRecord—March 28, 2000 B. House agreed to H.R. 5—Congressional Record—March 28, 2000 IV H.R. 5asFinally Approved by the House and Senate (Enrolled) V. Public Law A. Public Law 106-182,106thCongress—April7, 2000 B. President Signing Statement APPENDIX A. Administrative Views letter—March 29, 2000 B. Legislative Bulletins 1. Legislative Bulletin No. 106-16 (SSAIODCLCA), House Committee on Ways and Means Marks Up H.R. 5— February 29, 2000 2. Legislative Bulletin No. 106-17 (SSAIODCLCA), House Passes H.R. 5—March 1, 2000 3. Legislative Bulletin No. 106-18 (SSAIODCLCA), Senate Passes H.R. 5—March 23, 2000 4. Legislative Bulletin No. 106-19 (SSAIODCLCA), House Passed H.R. 5, the "Senior Citizens' Freedom to Work Act of 2000"—March 29, 2000 5. Legislative Bulletin No. 106-20 (SSAIODCLCA), The President Signs H.R. 5—April 7, 2000 C. 5. 279, "Senior Citizens' Freedom To Work Act of 1999," as introduced—-January 21, 1999--(similar to H.R. 5) I 106TH CONGRESS 1ST SESSION S • To amend title II of the Social Security Act to eliminate the earnings test for individuals who have attained retirement age. IN TIlE HOUSE OF REPRESENTATWES M.ARCH 1, 1999 Mr. SAM JOHNSON of Texas (for himself, Mr. PETERSON of Minnesota, Mr. SEssIONs,Mr. ROIABACHER, Mr.Goss,Mr.McCOLLUM,Mr. CUNNINGHAM,Mr.ENGLISH,Mr.PAUL,Mr. UNDERWOOD, Mrs. MORELLA, Mr. BURTON of Indiana, Mr. HoRN, Mr. HOSTETTLER, Mr. MCCRERY, Mr. HEFLEY, Mr. NEY, Mr. RAMSTAD, Mr. BOUCHER, Mr. L0BIONDO,Ms.RiVERS,Mr. GREEN ofTexas,Mr.KING,Mr. MCINTOSH,Mrs.MYRJCK,Mr.TAYLOR ofNorthCarolina,Mr. KUYINDALL, Mr. WELLER, Mr. ROGERS, Mr. BTON of Texas, Mr. KNOLLENBERG, Mr.TERRY, Mr. PETERSON of Pennsylvania,Mr. SOUDER, Ms. DUNN, Mr. Batu)Y of Texas, Mr. TLAI-IRT, Mr. STUMP, Mr. SENSENBRENNER, Mrs. B0N0, Mr. DOOLITTLE, Mr. THORNBERRY, Mr. PAcIcD, Ms. ROS-LEHTINEN, Mr. METCALF, Mr. FALEOMAVAEGA, Mr. BLILEY, Mr. CHAMBLISS, Mr. WATTS of Oklahoma, Mr. SWEENEY, Mr. DREIER, and Mr. HASTINGS of Washington) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend title II of the Social Security Act to eliminate the earnings test for individuals who have attained retire- ment age. Be it enacted by the Senate and House of Representa- 2 tives of the United States of America in Congress assembled, 2 1 SECTION 1. SHORT TITLE. 2 This Act may be cited as the "Senior Citizens' Free- 3 dom to Work Act of 1999". 4 SEC. 2. ELIMINATION OF EARNINGS TEST FOR rNDIvm- 5 UALSWHO HAVE ATTAINED RETIREMENT 6 AGE. 7 Section203 of the Social Security Act (42 U.S.C. 8403) is amended— 9 (1) in subsection (c)(1), by strikiig "the age of 10 seventy" and inserting "retirement age (as defined 11 in section 216(1))"; 12 (2) in paragraphs (1)(A) and (2) of subsection 13 (d), by strildng "the age of seventy" each place it 14 appears and inserting "retirement age (as defined in 15 section 216(1))"; 16 (3) in subsection (f)(1)(B), by striking "was 17 age seventy or over" and inserting "was at or above 18 retirement age (as defined in seetion 216(1))"; 19 (4) in subsection (f)(3)— 20 (A) by striking "33½ percent" and all 21 that follows through "any other individual," 22 and inserting "50 percent of such individual's 23 earnings for such year in excess of the product 24 of the exempt amount as determined under 25 paragraph (8),"; and .HR5 m 3 inserting 1 (B) by striking "age 70" and 2 "retirement age (as defined in section216(1))"; 3 (5) in subsection (h)(1)(A), bystriking "age 4 70" each place it appears andinserting "retirement 5 age (as defined insection 216(1))"; and 6 (6) in subsection W— 7 (A) in the heading, by striking"Age Sev- 8 enty" and inserting "RetirementAge"; and 9 (B) by striking "seventy years ofage" and 10 insertIng "having attained retirement age(as 11 defined in section 216(1))". 12 SEC. 3. CONFORMING AMENDMENTSELIMINATING TilE 13 SPECIAL EXEMPT AMOUNT FORINDIVIDUALS 14 WHO HAVE ArrAINED RETIREMENTAGE. 15 (a) UNIFORM ExEMPT AMOUNT.—Section 16 203(f)(8)(A)of theSocialSecurity Act(42 U.S.C. 17 403(f)(8)(A)) is amended bystriking "the new exempt 18 amounts (separately stated forindividuals described in 19 subparagraph (D) and for otherindividuals) which are to 20 be applicable" and inserting "a newexempt amount which 21shall be applicable". 22 (b) CONFORMING AMENDMENTS.—Section 23 203(f)(8)(B)of theSocialSecurity Act (42U.S.C. 24 403(f)(8)(B)) is amended— .ER5 lB 4 1 (1) in the matter preceding clause (i), by strik- 2 ing "Except" and all that follows through "which- 3 ever" and inserting "The exempt amount which is 4 applicable for each month of a particular taxable 5 yearshall be whichever"; 6 (2)in clauses(i) and(ii), by striking "cor- 7 responding" each place it appears; and 8 (3) in the last sentence, by striking "an exempt 9 amount" and inserting "the exempt amount". 10 (c) REPEAL OF BASIS FOR COMPUTATION OF SPE- 11 ciiEXEMPTAMOUNT.—Section 203(f)(8)(D) of the So- 12cial Security Act (42 U.S.C. 403(f)(8)(D)) is repealed. 13SEC. 4. ADDITIONAL CONFORMING AMENDMENTS. 14 (a) ELIMINATION OF REDUNDANT REFERENCES TO 15 RETIREMENT AGE.—Section 203 of the Social Security 16 Act (42 U.S.C. 403) is amended— 17 (1) in subsection (c),in the last sentence, by 18 striking "nor shall any deduction" and all that fol- 19 lows and inserting "nor shall any deduction be made 20 under this subsection from any widow's or widower's 21 insurance benefit if the widow, surviving divorced 22 wife, widower, or surviving divorced husband in- 23 volved became entitled to such benefit prior to at- 24 taming age 60."; and .H:R5m 5 1 (2) in subsection (f)(1), by striking clause (D) 2 and inserting the following: "(D) for which such in- 3 dividual is entitled to widow's or widower's insurance 4 benefits if such individual became so entitled prior 5 toattaining age 60,". 6 (b) CONFORMING AMENDMENT TO PROVISIONS FOR 7 DETERMINING AMOUNT OF INCREASE ONACCOUNT OF 8 DELAYED RETIREMENT .—Section 202(w)(2) (B) (ii) of the 9SocialSecurity Act(42 U.S.C.402(w)(2)(B)(ii))is 10 amended— 11 (1) by striking "either"; and 12 (2) by striking "or suffered deductions under 13 section 203(b) or 203(c) in amounts equal to the 14 amount of such benefit". 15 (c)PROVISIONS RELATING TO ENINGSTAiciN 16 INTO ACCOUNT IN DETERMINING SUBSTANTIALGAiNFUL 17 ACTIVITY OF BLIND INDrvIDUALS.—Thesecond sentence 18of section 223(d)(4) of such Act (42U.S.C. 423(d)(4)) 19is amended by striking "if section 102 of theSenior Citi- 20 zens' Right to Work Act of 1996 had notbeen enacted" 21 and inserting the following: "if theamendments to section 22 203 made by section 102 of theSenior Citizens' Right 23to Work Act of 1996 and by theSenior Citizens' Freedom 24 to Work Act of 1999 had not beenenacted". .HR5 LU 6 1 SEC. 5.EFFECTIVEDATE. 2 The amendments and repeals made by this Act shall 3apply with respect to taxable years ending after December 4 31, 1998. 0 .HR5 lB 106TH CONGRESS I REPORT 2d Session HOUSE OF REPRESENTATIVES SENIOR CITIZENS' FREEDOM TO WORK ACT OF 2000 MARCH 1, 2000.—Committed to the Committee of the Whole House on the State of the Union and ordered to be printed Mr. ARCHER, from the Committee on Ways and Means, submitted the following REPORT [To accompany H.R. 51 [Including cost estimate of the Congressional Budget Office] The Committee on Ways and Means, to whom was referred the bill (H.R. 5) to amend title II of the Social Security Act to eliminate the earnings test for individuals who have attained retirement age, having considered the same, report favorably thereon with an amendment and recommend that the bill as amended do pass.