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year thereafter" and inserting in lieu thereof "$478,000,000 for fiscal year 1984 and each fiscal year thereafter". (b) The amendment made by subsection (a) shall be effective for Effective date, fiscal years beginning on or after October 1, 1983. "^^ USC 701 note. MISCELLANEOUS TECHNICAL AMENDMENTS

SEC. 2373. (a)(1) Section 503(a) of the Social Security Act is amended by striking out "section 203 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4213)" and inserting in lieu thereof "section 6503(a) of title 31, United States Code". (2) Section 506(d)(3) of such Act is amended by striking out "section 202 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4212)" and inserting in lieu thereof "section 6503(b) of title 31, United States Code". (b)(1) Section 1902(a)(9) of such Act is amended by indenting subparagraph (C) two additional ems so as to align its left margin with the left margin of subparagraph (B). (2) Section 1902(a)(10) of such Act is amended by indenting subparagraph (A) (and each of its clauses and subclauses) two additional ems so as to align its left margin (before clause (i)) with the left margin of subparagraph (B). (3) Section 1902(a)(13)(A) of such Act is amended by striking out "(A)" and all that follows through "hospital" the first place it appears and inserting in lieu thereof "(A) for payment (except where the State agency is subject to an order under section 1914) of the hospital". (4) Section 1902(a)(20)(B) of such Act is amended by striking out "periodical" and inserting in lieu thereof "periodic". (5) Section 1902(a)(20)(C) of such Act is amended by striking out ", section 603(a)(1)(A)(i) and (ii),". (6) Section 1902(a)(26)(B)(ii) of such Act is amended by striking out "homes" and inserting in lieu thereof "facilities". (7) Section 1902(a)(33)(A) of such Act is amended by striking out "penultimate sentence" and inserting in lieu thereof "second sentence". (8) Section 1902(a)(42)(B) of such Act is amended by striking out "part" and inserting in lieu thereof "title". (9) Section 1902(a) of such Act is amended by striking out "For purposes of paragraphs (9)(A)" and all that follows through "do not include" in the last sentence of the third to last paragraph and inserting in lieu thereof "The provisions of paragraphs (9)(A), (31), and (33) and of section 1903(i)(4) shall not apply to". (10) Section 1902(f) of such Act is amended by striking out "clause (10)(A)" and "clause (10)(C)" and inserting in lieu thereof "paragraph (10)(A)" and "paragraph (10)(C)", respectively, each place each appears. (11) Section 1903(g)(4)(B) of such Act is amended— (A) by striking out "paragraph (26)" and inserting in lieu thereof "paragraphs (26)", and (B) by striking out "deligence" and inserting in lieu thereof "diligence". (12) Section 1903(m)(2)(B)(i) of such Act is amended— (A) by striking out "(II)" before "for the period", (B) by striking out "of such section" in subclause (II) and inserting in lieu thereof "of section 1905(a)", and

42 USC 703.

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 98 STAT. 1112

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42 USC I396n. 42 USC 1396a ^°^42 USC 1396. 42 USC 1396a.

Report.

PUBLIC LAW 98-369—JULY 18, 1984

(C) by striking out "peroid" and inserting in lieu thereof "period". (13) Section 1903(m)(2) of such Act is amended by aUgning subparagraph (C) flush with the left margin. (14) Section 1903(s)(3)(B) of such Act is amended by striking out "nonfederal" and inserting in lieu thereof "non-Federal". (15) Section 1905(a)(4) of such Act is amended by inserting a semicolon before "(B)". (16) Section 1905(a)(17) of such Act is amended by striking out "he" and inserting in lieu thereof "the nurse-midwife" each place it appears. (17) The last sentence of section 1905(a) of such Act is amended by striking out "clauses (vi)" and inserting in lieu thereof "clause (vi)", and by striking out "well being" and inserting in lieu thereof "wellbeing". (18) The second sentence of section 1905(b) of such Act is amended by striking out everything that follows "the provisions o f and inserting in lieu thereof "section 1101(a)(8)(B).". (19) Section 1905(d)(1) of such Act is amended by striking out "which meet" and inserting in lieu thereof "the institution meets". (20) Section 1905(m) of such Act is amended by striking out "he" each place it appears and inserting in lieu thereof "the nurse". (21) Section 1915(c)(1) of such Act is amended by striking out "under this part" and inserting in lieu thereof "under this title". (c)(1) The Secretary of Health and Human Services shall not take any compliance, disallowance, penalty, or other regulatory action against a State during the moratorium period described in paragraph (2) by reason of such State's plan under title XIX of the Social Security Act being determined to be in violation of section 1902(a)(10)(C)(i)(III) of such Act on account of such plan's having a standard or methodology which the Secretary interprets as being less restrictive than the standard or methodology required under such section. (2) The moratorium period is the period beginning on the date of the enactment of this Act and ending 18 months after the date on which the Secretary submits the report required under paragraph (3). (3) The Secretary shall report to the Congress within 12 months after the date of the enactment of this Act with respect to the appropriateness, and impact on States and recipients of medical assistance, of applying standards and methodologies utilized in cash assistance programs to those recipients of medical assistance who do not receive cash assistance, and any recommendations for changes in such requirements. (4) No provision of law shall repeal or suspend the moratorium imposed by this subsection unless such provision specifically amends or repeals this subsection.

Subtitle C—Recovery of Hill-Burton Funds RECOVERY OF HILL-BURTON FUNDS

42 USC 29li.

SEC. 2381. (a) Section 609 of the Public Health Service Act is amended to read as follows:

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"SEC. 609. (a) If any facility with respect to which funds have been paid under section 606 shall, at any time within 20 years after the 42 USC 29lf. completion of construction or modernization— "(1) be sold or transferred to any entity (A) which is not qualified to file an application under section 605, or (B) which is 42 USC 29le. not approved as a transferee by the State agency designated pursuant to section 604, or its successor, or 42 USC 29ld. "(2) cease to be a public health center or a public or other nonprofit hospital, outpatient facility, facility for long-term care, or rehabilitation facility, the United States shall be entitled to recover, whether from the transferor or the transferee (or, in the case of a facility which has ceased to be public or nonprofit, from the owners thereof) an amount determined under subsection (c). "(b) The transferor of a facility which is sold or transferred as described in subsection (a)(D, or the owner of a facility the use of .,r;x jgy vi. which is changed as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change not later than the expiration of 10 days from the date on which such sale, transfer, or change occurs. "(c)(1) Except as provided in paragraph (2), the amount the United States shall be entitled to recover under subsection (a) is an amount bearing the same ratio to the then value (as determined by the agreement of the parties or in an action brought in the district court of the United States for the district for which the facility involved is situated) of so much of the facility as constituted an approved project or projects as the amount of the Federal participation bore to the cost of the construction or modernization of such project or projects. "(2)(A) After the expiration of— "(i) 180 days after the date of the sale, transfer, or change of use for which a notice is required by subsection (b), in the case of a facility which is sold or transferred or the use of which changes after the date of the enactment of this subsection, or "(ii) thirty days after the date of the enactment of this subsection or if later 180 days after the date of the sale, transfer, or change of use for which a notice is required by subsection (b), in the case of a facility which was sold or transferred or the use of which changed before the date of the enactment of this subsection, the amount which the United States is entitled to recover under paragraph (1) with respect to a facility shall be the amount prescribed by paragraph (1) plus interest, during the period described in subparagraph (B), at a rate (determined by the Secretary) based on the average of the bond equivalent of the weekly ninety-day Treasury bill auction rate^ "(B) The period referred to in subparagraph (A) is the period beginning— "(i) in the case of a facility which was sold or transferred or the use of which changed before the date of the enactment of this subsection, thirty days after such date or if later 180 days after the date of the sale, transfer, or change of use for which a notice is required by subsection (b),

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 98 STAT. 1114

42 USC 291c.

42 USC 29lf. 42 USC 300s-la.

PUBLIC LAW 98-369—JULY 18, 1984

"(ii) in the case of a facility with respect to which notice is provided in accordance with subsection (b), upon the expiration of 180 days after the receipt of such notice, or "(iii) in the case of a facility with respect to which such notice is not provided as prescribed by subsection (b), on the date of the sale, transfer, or change of use for which such notice was to be provided, and ending on the date the amount the United States is entitled to under paragraph (1) is collected. "(d)(l) The Secretary may waive the recovery rights of the United States under subsection (a)(l) with respect to a facility in any State if the Secretary determines, in accordance with regulations, that the entity to which the facility was sold or transferred— "(A) has established an irrevocable trust— "(i) in an amount equal to the greater of twice the cost of the remaining obligation of the facility under clause (2) of section 603(e) or the amount, determined under subsection (c), that the United States is entitled to recover, and "(ii) which will only be used by the entity to provide the care required by clause (2) of section 603(e); and "(B) will meet the obligation of the facility under clause (1) of section 603(e). "(2) The Secretary may waive the recovery rights of the United States under subsection (a)(2) with respect to a facility in any State if the Secretary determines, in accordance with regulations, that there is good cause for waiving such rights with respect to such facility. "(e) The right of recovery of the United States under subsection (a) shall not constitute a lien on any facility with respect to which funds have been paid under section 606.". (b) Section 1622 of such Act is amended to read as follows: "RECOVERY

42 USC 300q-l, ^^^^"12.

"SEC. 1622. (a) If any facility with respect to which funds have been paid under this title shall, at any time within 20 years after the completion of construction or modernization— "(1) be sold or transferred to any entity (A) which is not qualified to file an application under section 1621 or 1642 or (B) which is not approved as a transferee by the State Agency of the State in which such facility is located, or its successor, or "(2) cease to be a public health center or a public or other nonprofit hospital, outpatient facility, facility for long-term care, or rehabilitation facility, the United States shall be entitled to recover, whether from the transferor or the transferee (or, in the case of a facility which has ceased to be public or nonprofit, from the owners thereof) an amount determined under subsection (c). "(b) The transferor of a facility which is sold or transferred as described in subsection (a)(D, or the owner of a facility the use of which is changed as described in subsection (a)(2), shall provide the Secretary written notice of such sale, transfer, or change not later than the expiration of 10 days from the date on which such sale, transfer, or change occurs. "(c)(1) Except as provided in paragraph (2), the amount the United States shall be entitled to recover under subsection (a) is an amount bearing the same ratio to the then value (as determined by the

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agreement of the parties or in an action brought in the district court of the United States for the district for which the facility involved is situated) of so much of the facility as constituted an approved project or projects as the amount of the Federal participation bore to the cost of the construction or modernization of such project or projects. "(2)(A) After the expiration of— "(i) 180 days after the date of the sale, transfer, or change of use for which a notice is required by subsection (b) in the case of a facility which is sold or transferred or the use of which changes after the date of the enactment of this subsection, or "(ii) thirty days after the date of enactment of this subsection or if later 180 days after the date of the sale, transfer, or change of use for which a notice is required by subsection Qo), in the case of a facility which was sold or transferred or the use of which changed before the date of the enactment of this subsection, the amount which the United States is entitled to recover under paragraph (1) with respect to a facility shall be the amount prescribed by paragraph (1) plus interest, during the period described in '''"' subparagraph (B), at a rate (determined by the Secretary) based on the average of the bond equivalent of the weekly 90-day Treasury bill auction rate. ..0' "(B) The period referred to in subparagraph (A) is the period beginning— " "(i) in the case of a facility which was sold or transferred or the use of which changed before the date of the enactment of this subsection, thirty days after such date or if later 180 days after the date of the sale, transfer, or change of use for which a notice is required by subsection (b). "(ii) in the case of a facility with respect to which notice is, r,. provided in accordance with subsection (b), upon the expiration of 180 days after the receipt of such notice, or "(iii) in the case of a facility with respect to which such notice is not provided as prescribed by subsection (b), on the date of the sale, transfer, or changes of use for which such notice was to be provided, and ending on the date the amount the United States is entitled to under paragraph (1) is collected. "(d)(1) The Secretary may waive the recovery rights of the United States under subsection (a)(1) with respect to a facility in any State if the Secretary determines, in accordance with regulations, that the entity to which the facility was sold or transferred— "(A) has established an irrevocable trust— "(i) in an amount equal to the greater of twice the cost of the remaining obligation of the facility under clause (ii) of section 1621(b)(l)(K) or the amount, determined under sub- 42 USC 300q-l section (c), that the United States is entitled to recover, and "(ii) which will only be used by the entity to provide the care required by clause (ii) of section 1621(b)(l)(K); and "(B) will meet the obligation of the facility under clause (i) of ^ section 1621(b)(l)(K). ^ "(2) The Secretary may waive the recovery rights of the United States under subsection (a)(2) with respect to a facility in any State if the Secretary determines, in accordance with regulations, that there is good cause for waiving such rights with respect to such facility.

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42 USC 29li note.

PUBLIC LAW 98-369—JULY 18, 1984

"(e) The right of recovery of the United States under subsection (a) shall not constitute a lien on any facility with respect to which funds have been paid under this title.". (c) Not later than the expiration of the one-hundred-and-eightyday period beginning on the date of the enactment of this section, the Secretary shall have in effect regulations and personnel to place in effect the amendments made by this section.

Subtitle D—Uncompensated Services Provided by Skilled Nursing Facilities and Intermediate Care Facilities STUDY

42 USC 291c, 300q-l. 42 USC 291, 300o. Report.

SEC. 2391. (a) The Secretary of Health and Human Services shall conduct a study relating to compliance with sections 603(e)(2) and 1621(b)(l)(K)(ii) of the Public Health Service Act (as such sections were in effect on September 30, 1979) to determine whether the regulations implementing such sections should distinguish between hospitals and long-term care facilities assisted under titles VI and XVI of such Act. Not later than January 1, 1985, the Secretary shall transmit to the Congress a report of the results of the study. (IJ) Subsection (a) shall take effect October 1, 1984.

TITLE IV—SMALL BUSINESS PROGRAMS SBA DISASTER LOANS

15 USC 647.

SEC. 2401. Section 18(a) of the Small Business Act is amended by striking out "October 1, 1986" and by inserting in lieu thereof "October 1, 1987".

TITLE V—VETERANS' PROGRAMS PART A—COST SAVINGS UNDER THE VETERANS' ADMINISTRATION PENSION PROGRAM EFFECTIVE DATE FOR AWARD OF PENSION FOR NON-SERVICE-CONNECTED DISABILITY OR DEATH

SEC. 2501. (a)(1) Subsection (b)(3) of section 3010 of title 38, United States Code, is amended— (A) by inserting "(A)" after "(3)"; (B) by inserting "described in subparagraph (B) of this paragraph" after "to a veteran"; (C) by striking out "an application therefor is received" and inserting in lieu thereof "the veteran applies for a retroactive award"; and (D) by adding at the end the following new subparagraph: "(B) A veteran referred to in subparagraph (A) of this paragraph is a veteran who is permanently and totally disabled and who is prevented by a disability from applying for disability pension for a period of at least 30 days beginning on the date on which the veteran became permanently and totally disabled.".

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(2) Subsection (d) of such section is amended to read as follows: "(d)(1) The effective date of an award of death compensation or dependency and indemnity compensation for which application is received within one year from the date of death shall be the first day of the month in which the death occurred. "(2) The effective date of an award of death pension for which application is received within 45 days from the date of death shall be the first day of the month in which the death occurred.". (b) The amendments made by subsection (a)(1) and the provisions 38 USC 3010 of paragraph (2) of section 3010(d) of title 38, United States Code, as note. added by subsection (a)(2), shall take effect with respect to applications that are first received after September 30, 1984, for benefits under chapter 15 of title 38, United States Code. 38 USC 50i et seq.

PART B—ACTIONS TO INCREASE RECEIPTS AND REDUCE COSTS UNDER THE VETERANS' ADMINISTRATION HOMELOAN GUARANTY PROGRAM INCREASE IN FEE FOR HOME LOANS GUARANTEED BY THE VETERANS' ADMINISTRATION AND EXTENSION OF FEE TO VENDEE LOANS

SEC. 2511. (a) Section 1829 of title 38, United States Code, is amended— (1) in subsection (a)— (A) by inserting "and from each person obtaining a loan from the Administrator to finance the purchase of real property from the Administrator," after "under this chapter,"; (B) by striking out "one-half of; and (C) by striking out "to the veteran" after "in the loan"; (2) by striking out subsection (c); and (3) by redesignating suteection (d) as subsection (c) and striking out "September 30, 1985" in such subsection and inserting in lieu thereof "September 30, 1987". (b) Section 1824(c) of such title is amended by striking out "and (2)" and inserting in lieu thereof "(2) amounts received by the Administrator as fees collected under section 1829 of this title, and (3)". (c)(1) The amendments made by subsection (a)(1) shall apply with 38 USC 1829 respect to loans closed after the end of the 30-day period beginning note. on the date of the enactment of this Act. (2) The amendments made by subsections (a)(2) and (b) shall apply with respect to loans closed on or after the date of the enactment of this Act. (3) The amendment made by subsection (a)(3) shall take effect on the date of the enactment of this Act. ACTIONS TO REDUCE COSTS UNDER HOME-LOAN PROGRAM

SEC. 2512. (a) Section 1816 of title 38, United States Code, is amended— (1) in subsection (a)— (A) by designating the first sentence as paragraph (1), the second and third sentences as paragraph (2), and the fourth sentence as paragraph (3); (B) by striking out "Administrator who shall thereupon" in paragraph (1) (as so designated) and inserting in lieu

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38 USC 1810.

PUBLIC LAW 98-369—JULY 18, 1984

thereof "Administrator of such default. Upon receipt of such notice, the Administrator may, subject to subsection (c) of this section,"; and (C) by striking out "guaranteed, and shall" in paragraph (1) (as so designated) and inserting in lieu thereof "guaranteed. If the Administrator makes such a payment, the Administrator shall"; and (2) by adding at the end the following new subsections: "(c)(1) For purposes of this subsection— "(A) The term 'defaulted loan' means a loan that is guaranteed under this chapter, that was made for a purpose described in section 1810(a) of this title, and that is in default. "(B) The term 'liquidation sale' means a judicial sale or other disposition of real property to liquidate a defaulted loan that is secured by such property. "(C) The term 'net value', with respect to real property, means the amount equal to (i) the fair market value of the property, minus (ii) the total of the amounts which the Administrator estimates the Administrator would incur (if the Administrator were to acquire and dispose of the property) for property teixes, assessments, liens, property maintenance, property improvement, administration, resale, and other costs resulting from the acquisition and disposition of the property. "(D) The term 'total indebtedness', with respect to a defaulted loan, means the amount equal to the total of (i) the unpaid principal of the loan, (ii) the interest on the loan as of the date of the liquidation sale of the property securing the loan (or such earlier date following the expiration of a reasonable period of time for such sale to occur as the Administrator may specify pursuant to regulations prescribed by the Administrator to implement this subsection), and (iii) such reasonably necessary and proper charges (as specified in the loan instrument and permitted by such regulations) associated with liquidation of the loan, including advances for taxes, insurance, and maintenance or repair of the real property securing the loan. "(2)(A) Except as provided in subparagraph (B) of this paragraph, this subsection applies to any case in which the holder of a defaulted loan undertakes to liquidate the loan by means of a liquidation sale. "(B) This subsection does not apply to a case in which the Administrator proceeds under subsection (a)(2) of this section. "(3)(A) Before carrying out a liquidation sale of real property securing a defaulted loan, the holder of the loan shall notify the Administrator of the proposed sale. Such notice shall be provided in accordance with regulations prescribed by the Administrator to implement this subsection. "(B) After receiving a notice described in subparagraph (A) of this paragraph, the Administrator shall determine the net value of the property securing the loan and the amount of the total indebtedness under the loan and shall notify the holder of the loan of the determination of such net value. "(4) A case referred to in paragraphs (5), (6), and (7) of this subsection as being described in this paragraph is a case in which the net value of the property securing a defaulted loan exceeds the amount of the total indebtedness under the loan minus the amount guaranteed under this chapter. "(5) In a case described in paragraph (4) of this subsection, if the holder of the defaulted loan acquires the property securing the loan

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98 STAT. 1119

at a liquidation sale for an amount that does not exceed the lesser of the net value of the property or the total indebtedness under the loan— "(A) the holder shall have the option to convey the property to the United States in return for payment by the Administrator of an amount equal to the lesser of such net value or total indebtedness; and "(B) the liability of the United States under the loan guaranty under this chapter shall be limited to the amount of such total indebtedness minus the net value of the property. "(6) In a case described in paragraph (4) of this subsection, if the holder of the defaulted loan either does not acquire the property securing the loan at the liquidation sale or acquires the property at such sale for an amount that exceeds the lesser of the net value of the property or the total indebtedness under the loan— "(A) the Administrator may not accept conveyance of the property except as provided in paragraph (7) of this subsection; • - i > U;;8 H and "(B) the liability of the United States under the loan guaranty under this chapter shall be limited to the amount equal to (i) the amount of such total indebtedness, minus (ii) the amount realized by the holder incident to the sale or the net value of the property, whichever is greater. "(7) In a case described in paragraph (4) of this subsection, if the holder of the defaulted loan acquires the property securing the loan at the liquidation sale for an amount that exceeds the lesser of the total indebtedness under the loan or the net value and that was the minimum amount for which, under applicable State law, the property was permitted to be sold at the liquidation sale— "(A) the Administrator may accept conveyance of the property to the United States for a price not exceeding the lesser of the amount for which the holder acquired the property or the total indebtedness under the loan; and "(B) the liability of the United States under the loan guaranty under this chapter is as provided in paragraph (6)(B) of this subsection. "(8) If the net value of the property securing a defaulted loan is not greater than the amount of the total indebtedness under the loan minus the amount guaranteed under this chapter— "(A) the Administrator may not accept conveyance of the property from the holder of the loan; and "(B) the liability of the United States under the loan guaranty shall be limited to the amount of the total indebtedness under the loan minus the amount realized by the holder of the loan incident to the sale at a liquidation sale of the property. "(9) In no event may the liability of the United States under a guaranteed loan exceed the amount guaranteed with respect to that loan under section 1803(b) of this title. All determinations under this 38 USC 1803. subsection of net value and total indebtedness shall be made by the Administrator. "(d)(1) Of the number of purchases made during any fiscal year of real property acquired by the Administrator as the result of a default on a loan guaranteed under this chapter for a purpose « ^H described in section 1810(a) of this title, not more than 75 percent, nor less than 60 percent, of such purchases may be financed by a loan made by the Administrator. The maximum percentage stated in the preceding sentence may be increased to 80 percent for any

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fiscal year if the Administrator determines that such an increase is necessary in order to maintain the effective functioning of the loan guaranty program. "(2) In carrying out paragraph (1) of this subsection, the Administrator, to the maximum extent consistent with that paragraph and with maintaining the effective functioning of the loan guaranty program under this chapter, shall minimize the number of loans made by the Administrator to finance purchases of real property from the Administrator described in that paragraph. "(3) Notes securing such loans may be sold with recourse only to the extent that the Administrator determines that selling such notes with recourse is necessary in order to maintain the effective functioning of the loan guaranty program under this chapter.", (b)(1) Subchapter III of chapter 37 of title 38, United States Code, is amended by adding at the end the following new section: 38 USC 1830.

"§1830. Use of attorneys in court "(a) Within 180 days after the date of the enactment of this section, the Administrator shall take appropriate steps to authorize attorneys employed by the Veterans' Administration to exercise the right of the United States to bring suit in court to foreclose a loan made or acquired by the Administrator under this chapter and to recover possession of any property acquired by the Administrator under this chapter. With the concurrence of the Attorney General of the United States, the Administrator may acquire the services of attorneys, other than those who are employees of the Veterans' Administration, to exercise that right. The activities of attorneys in bringing suit under this section shall be subject to the direction and supervision of the Attorney General and to such terms and conditions as the Attorney General may prescribe. "(h) Nothing in this section derogates from the authority of the Attorney General under sections 516 and 519 of title 28 to direct and supervise all litigation to which the United States or an agency or officer of the United States is a party." (2) The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 1829 the following new item: "1830. Use of attorneys in court.".

38 USC 1816 note. 38 USC 1816 note. 38 USC 1830 note. Report.

Supra.

(c)(1) The amendments made by subsection (a) shall take efiect on October 1, 1984. (2) Subsections (c) and (d) of section 1816 of title 38, United States Code (as added by subsection (a) of this section), shall cease to have effect on October 1, 1987. (3) The amendments made by subsection (b) shall take effect on the date of the enactment of this Act. (d) Not later than 180 days after the date of the enactment of this Act, the Administrator of Veterans' Affairs and the Attorney General of the United States shall submit to the appropriate committees of the Congress a joint report that— (1) describes and explains the actions taken by the Administrator and the Attorney General to implement section 1830 of title 38, United States Code, as added by subsection (b); and (2) sets forth their views with respect to the advisability of actions, pursuant to the second sentence of subsection (a) of such section, to employ private attorneys to bring actions described in that section.

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(e)(1) Not later than December 1, 1986, the Administrator of Veterans' Affairs shall submit to the Committees on Veterans' Affairs of the Senate and House of Representatives a report on the administration and functioning of the loan guaranty program conducted by the Veterans' Administration under chapter 37 of title 38, United States Code, and the status of the Veterans' Administration Loan Guaranty Revolving Fund established under section 1824(a) of such title. (2) The report shall include— (A) a description of the actions taken by the Administrator during the period beginning on June 1, 1984, and ending on September 30, 1986, and the actions planned as of September 30, 1986 (together with a schedule for completing any actions planned), to maintain the effective functioning of that program and to ensure the solvency of the Fund, including actions with respect to the acquisition of properties following liquidation sales, the making of loans (known as "vendee loans") to finance the sale of properties so acquired, the quality of property appraisals by the Veterans' Administration, and assessments of home-buyer credit worthiness; (B) the Administrator's evaluation of the effects of the amendments made by subsection (a) (relating to acquisition of properties after liquidation sales and to vendee loans), including the Administrator's evaluation of the effects of subsection (d) of section 1816 of title 38, United States Code (as added by subsection (a)(2)) (relating to vendee loans), on the operation and effective functioning of such program; and (C) the recommendations of the Administrator regarding any need for administrative or legislative action with respect to such program, including the Administrator's recommendations as to whether or not subsection (c)(2) (providing for the termination of provisions relating to the acquisition of properties and to vendee loans) should be amended.

TITLE VI—OASDI, SSI, AFDC, AND OTHER PROGRAMS TABLE OF CONTENTS Subtitle A—Improvements in OASDI Program Sec. 2601. Social security coverage for Federal employees; treatment of legislative branch employees not covered by civil service retirement system. Sec. 2602. Procedures to prevent overpayments due to failure to report earnings. Sec. 2603. Special social security treatment for church employees. Subtitle B—Improvements in SSI and AFDC Programs PART 1—IMPROVEMENTS IN SSI PROGRAM

Sec. 2611. Increase in dollar limitations under assets test. Sec. 2612. Limitation on recoupment rate in case of overpayments. Sec. 261.*^. Treatment of overpayments when recipient's countable assets exceed limits in certain cases. Sec. 2614. Exclusion of underpayments from resources. Sec. 2615. Adjustments in SSI benefits on account of retroactive benefits under title II, Sec. 2616. Exclusion from income of certain Alaska bonus payments.

Report. 38 USC 1824 "° ^ 38 USC 1801 et ^eq. 38 USC 1824.

Ante, p. 1118.

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PUBLIC LAW 98-369—JULY 18, 1984 PART 2—IMPROVEMENTS IN A F D C PROGRAM

Sec. Sec. Sec. Sec.

2621. 2622. 2623. 2624.

Sec. 2625. Sec. 2626. Sec. 2627. Sec. 2628. Sec. 2629. Sec. 2630. Sec. 2631. Sec. 2632. Sec. 2633. Sec. Sec. Sec. Sec.

2634. 2635. 2636. 2637.

Sec. 2638. Sec. 2639. Sec. 2640. Sec. 2641. Sec. 2642. Sec. 2643.

Gross income limitation. Work expense deduction. Continuation of $30 disregard from earned income. Work transition in the case of certain families who lose AFDC benefits because of earned income. Clarification of earned income provision. Exclusion of burial plots, funeral agreements, and certain property from limitation on family resources. Federal matching for expenses incurred by States in reimbursing AFDC recipients for transportation and day care costs attributable to participation in CWEP. Monthly reporting and retrospective budgeting. Treatment of earned income tax credit in determining countable income. Federally assisted pilot projects to demonstrate one-stop service delivery systems. Exemption of certain pregnant women from registration for work or trsiining. Treatment of nonrecurring lump sum income. Waiver of overpayment recoupment when cost of collection would exceed amount due. Exceptions to requirements for protective payments. Eligibility requirements for aliens. Provision by State agencies of information regarding fugitive felons. Payment schedule for reimbursement of certain back claims due the States. Modification of requirements for work supplementation program. 3-year extension of provisions for disregarding in-kind assistance. Parents and siblings &f dependent child included in AFDC family; child support payments. CWEP work for Federal agencies. Earned income of full-time students. General effective date.

Subtitle C—Implementation of Grace Commission Recommendations Sec. 2651. Income and eligibility verification procedures. Sec. 2652. Collection and deposit of payments to executive agencies. Sec. 2653. Collection of non-tax debts owed to Federal agencies. Subtitle D—Technical Corrections Sec. 2661. Changes in OASDI provisions necessitated by the 1983 Amendments. Sec. 2662. Changes in text of the 1983 Amendments. Sec. 2663. Other technical corrections in the Social Security Act and related provisions. Sec. 2664. Effective dates. Subtitle E—Trade Adjustment Assistance Sec. 2671. Limitations on trade readjustment allowances. Sec. 2672. Job search and relocation allowances. r;: Sec. 2673. Assistance to industry. Subtitle F—Certain Provisions Relating to Puerto Rico and the Virgin Islands Sec. 2681. Clarification of definition of articles produced in Puerto Rico or the Virgin Islands. Sec. 2682. Limitations on transfers of excise tax revenues to Puerto Rico and the Virgin Islands.

Subtitle A—Improvements in OASDI Program SOCIAL SECURITY COVERAGE FOR FEDERAL EMPLOYEES; TREATMENT OF LEGISLATIVE BRANCH EMPLOYEES NOT COVERED BY CIVIL SERVICE RETIREMENT SYSTEM

97 Stat. 67. 42 USC 410.

SEC. 2601. (a)(1) Section 210(a)(5)(B) of the Social Security Act is amended to read as follows: "(B) is performed by an individual who—

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 PUBLIC LAW 98-369—JULY 18, 1984 '-jti!

98 STAT. 1123

"(i) has been continuously performing service described in subparagraph (A) since December 31, 1983, and for purposes of this clause— "(I) if an individual performing service described in subparagraph (A) returns to the performance of such service after being separated therefrom for a period of less than 366 consecutive days, regardless of whether the period began before, on, or after December 31, 1983, then such service shall be considered continuous, "(II) if an individual performing service described in subparagraph (A) returns to the performance of such service after being detailed or transferred to an international organization as described under section 3343 of subchapter III of chapter 33 of title 5, United States Code, or under section 3581 of chapter 35 of such title, then the service performed for that organization shall be considered service described in subparagraph (A), "(III) if an individual performing service described in subparagraph (A) is reemployed or reinstated after being separated from such service for the purpose of accepting employment with the American Institute of Taiwan as provided under section 3310 of chapter 48 of title 22, United States Code, then the service performed for that Institute shall be considered service described in subparagraph (A), and "(IV) if an individual performing service described in subparagraph (A) returns to the performance of such service after performing service as a member of a uniformed service (including, for purposes of this clause, service in the National Guard and temporary service in the Coast Guard Reserve) and after exercising restoration or reemployment rights as provided under chapter 43 of title 38, United States Code, then the service so 38 USC 202le< performed as a member of a uniformed service seg. -i shall be considered service described in subparagraph (A); or "(ii) is receiving an annuity from the Civil Service Retirement and Disability Fund, or benefits (for service as an employee) under another retirement system established by a law of the United States for employees of the Federal Government (other than for members of the uniformed services);". (2) Section 210(a)(5) of such Act is further amended (in the matter 42 USC 410. which follows "except that this paragraph shall not apply with respect to—")— (A) by striking out "(i)", "(ii)", "(iii)", "(iv)", and "(v)" and inserting in lieu thereof "(C)","(D)", "(E)", "(F)", and "(G)", respectively; (B) by striking out "(I)", "(II)", and "(III)" and inserting in lieu thereof "(i)", "(ii)", and "(iii)", respectively; and (C) by striking out subparagraph (G) (as redesignated by subparagraph (A) of this paragraph) and inserting in lieu thereof the following:

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1172

 98 STAT. 1124

5 USC 8331.

26 USC 3121.

.;

PUBLIC LAW 98-369—JULY 18, 1984

"(G) Any other service in the legislative branch of the Federal Government if such service— "(i) is performed by an individual who was not subject to subchapter III of chapter 83 of title 5, United States Code, or to another retirement system established by a law of the United States for employees of the Federal Government (other than for members of the uniformed services), on December 31, 1983, or "(ii) is performed by an individual who has, at any time after December 31, 1983, received a lump-sum payment under section 8342(a) of title 5, United States Code, or under the corresponding provision of the law establishing the other retirement system described in clause (i), or "(iii) is performed by an individual after such individual has otherwise ceased to be subject to subchapter III of chapter 83 of title 5, United States Code (without having an application pending for coverage under such subchapter), while performing service in the legislative branch (determined without regard to the provisions of subparagraph (B) relating to continuity of employment), for any period of time after December 31, 1983, and for purposes of this subparagraph (G) an individual is subject to such subchapter III or to any such other retirement system at any time only if (a) such individual's pay is subject to deductions, contributions, or similar payments (concurrent with the service being performed at that time) under section 8334(a) of such title 5 or the corresponding provision of the law establishing such other system, or (in a case to which section 8332(k)(l) of such title applies) such individual is making payments of amounts equivalent to such deductions, contributions, or similar payments while on leave without pay, or (b) such individual is receiving an annuity from the Civil Service Retirement and Disability Fund, or is receiving benefits (for service as an employee) under another retirement system established by a law of the United States for employees of the Federal Government (other than for members of the uniformed services);". (b)(1) Section 3121(b)(5)(B) of the Internal Revenue Code of 1954 is amended to read as follows: "(B) is performed by an individual who— "(i) has been continuously performing service described in subparagraph (A) since December 31, 1983, and for purposes of this clause— "(I) if an individual performing service described in subparagraph (A) returns to the performance of such service after being separated therefrom for a period of less than 366 consecutive days, regardless of whether the period began before, on, or after December 31, 1983, then such service shall be considered continuous, "(II) if an individual performing service described in subparagraph (A) returns to the performance of such service after being detailed or transferred to an international organization as described under section 3343 of subchapter III of chapter 33 of title 5, United States Code, or under

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98 STAT. 1125

section 3581 of chapter 35 of such title, then the service performed for that organization shall be considered service described in subparagraph (A), "(HI) if an individual performing service described in subparagraph (A) is reemployed or reinstated after being separated from such service for the purpose of accepting employment with the American Institute in Taiwan as provided under section 3310 of chapter 48 of title 22, United States Code, then the service performed for that Institute shall be considered service described in subparagraph (A), and "(IV) if an individual performing service described in subparagraph (A) returns to the performance of such service after performing service as a member of a uniformed service (including, for purposes of this clause, service in the National Guard and temporary service in the Coast Guard Reserve) and after exercising restoration or reemployment rights as provided under chapter 43 of title 38, United States Code, then the service so performed as a member of a uniformed service shall be considered service described in subparagraph (A); or "(ii) is receiving an annuity from the Civil Service Retirement and Disability Fund, or benefits (for service as an employee) under another retirement system established by a law of the United States for employees of the Federal Government (other than for members of the uniformed service);". (2) Section 3121(b)(5) of such Code is further amended (in the matter which follows "except that this paragraph shall not apply ^j^jj resoect to ") (A) by striking out "(i)", "(ii)", "(iii)", "(iv)", and "(v)" and inserting in lieu thereof "(C)", "(D)", "(E)", "(F)", and "(G)", respectively* (B) by striidng out "(I)", "(II)", and "(III)" and inserting in lieu thereof "(i)", "(ii)", and "(iii)", respectively; and (C) by striking out subparagraph (G) (as redesignated by subparagraph (A) of this paragraph) and inserting in lieu thereof the following: "(G) any other service in the legislative branch of the Federal Government if such service— "(i) is performed by an individual who was not subject to subchapter III of chapter 83 of title 5, United States Code, or to another retirement system established by a law of the United States for employees of the Federal Government (other than for members of the uniformed services), on December 31, 1983, or "(ii) is performed by an individual who has, at any time after December 31, 1983, received a lump-sum payment under section 8342(a) of title 5, United States Code, or under the corresponding provision of the law establishing the other retirement system described in clause (i), or "(iii) is performed by an individual after such individual has otherwise ceased to be subject to subchapter III

38 USC 2021 e^ seq. . ^,

26 USC 3121.

'

,5s,i\

5 USC 8331.

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PUBLIC LAW 98-369—JULY 18, 1984

of chapter 83 of title 5, United States Code (without having an application pending for coverage under such subchapter), while performing service in the legislative branch (determined without regard to the provisions of subparagraph (B) relating to continuity of employment), for any period of time after December 31, 1983, and for purposes of this subparagraph (G) an individual is subject to such subchapter III or to any such other retirement system at any time only if (a) such individual's pay is subject to deductions, contributions, or similar payments (concurrent with the service being performed at that time) under section 8334(a) of such title 5 or the corresponding provision of the law establishing such other system, or (in a case to which section 8332(k)(l) of such title applies) such individual is making payments of amounts equivalent to such deductions, contributions, or similar payments while on leave without pay, or (b) such individual is receiving an annuity from the Civil Service Retirement and Disability Fund, or is receiving benefits (for service as an employee) under another retirement system established by a law of the United States for employees of the Federal Government (other than for members of the uniformed services);". 42 USC 410 note. (c) For purposes of section 210(a)(5)(G) of the Social Security Act Ante, pp. 1123, and section 3121(b)(5)(G) of the Internal Revenue Code of 1954, an 1125. individual shall not be considered to be subject to subchapter III of 5 USC 8331. chapter 83 of title 5, United States Code, or to another retirement system established by a law of the United States for employees of the Federal Government (other than for members of the uniformed services), if he is contributing a reduced amount by reason of the Federal Employees' Retirement Contribution Temporary Adjust97 Stat. 1106. ment Act of 1983. 42 USC 410 note. (d)(1) Any individual who— (A) was subject to subchapter III of chapter 83 of title 5, United States Code, or to another retirement system established by a law of the United States for employees of the Federal Government (other than for members of the uniformed services), on December 31, 1983 (as determined for purposes of Ante, p. 1123. section 210(a)(5)(G) of the Social Security Act), and (B)(i) received a lump-sum payment under section 8342(a) of such title 5, or under the corresponding provision of the law establishing the other retirement system described in subparagraph (A), after December 31, 1983, and prior to June 15, 1984, or received such a payment on or after June 15, 1984, pursuant to an application which was filed in accordance with such section 8342(a) or the corresponding provision of the law establishing such other retirement system prior to that date, or (ii) otherwise ceased to be subject to subchapter III of chapter 83 of title 5, United States Code, for a period after December 31, 1983, to which section 210(a)(5)(g)(iii) of the Social Security Act applies, shall, if such individual again becomes subject to subchapter III of chapter 83 of title 5 (or effectively applies for coverage under such subchapter) after the date on which he last ceased to be subject to such subchapter but prior to, or within 30 days after, the date of the enactment of this Act, requalify for the exemption from social security coverage and taxes under section 210(a)(5) of the Social

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1175

 PUBLIC LAW 98-369—JULY 18, 1984 Security Act and section 3121(b)(5) of the Internal Revenue Code of 1954 as if the cessation of coverage under title 5 had not occurred. (2) An individual meeting the requirements of subparagraphs (A) and (B) of paragraph (1) who is not in the employ of the United States or an instrumentality thereof on the date of the enactment of this Act may requalify for such exemptions in the same manner as under paragraph (1) if such individual again becomes subject to subchapter III of chapter 83 of title 5 (or effectively applies for coverage under such subchapter) within 30 days after the date on which he first returns to service in the legislative branch after such date of enactment, if such date (on which he returns to service) is within 365 days after he was last in the employ of the United States or an instrumentality thereof. (3) If an individual meeting the requirements of subparagraphs (A) and (B) of paragraph (1) does not again become subject to subchapter III of chapter 83 of title 5 (or effectively apply for coverage under such subchapter) prior to the date of the enactment of this Act or within the relevant 30-day period as provided in paragraph (1) or (2), social security coverage and taxes by reason of section 21(a)(5)(G) of the Social Security Act and section 3121(b)(5)(G) of the Internal Revenue Code of 1954 shall, with respect to such individual's service in the legislative branch of the Federal Government, become effective with the first month beginning after such 30-day period. (4) The provisions of paragraphs (1) and (2) shall apply only for purposes of reestablishing an exemption from social security coverage and taxes, and do not affect the amount of service to be credited to an individual for purposes of title 5, United States Code. (e)(l) For purposes of section 210(a)(5) of the Social Security Act (as in effect in January 1983 and as in effect on and after January 1, 1984) and section 3121(b)(5) of the Internal Revenue Code of 1954 (as so in effect), service performed in the employ of a nonprofit organization described in section 501(c)(3) of the Internal Revenue Code of 1954 by an employee who is required by law to be subject to subchapter III of chapter 83 of title 5, United States Code, with respect to such service, shall be considered to be service performed in the employ of an instrumentality of the United States. (2) For purposes of section 203 of the Federal Employees' Retirement Contribution Temporary Adjustment Act of 1983, service described in paragraph (1) which is also "employment" for purposes of title II of the Social Security Act, shall be considered to be "covered service". (0 Except as provided in subsection (d), the amendments made by subsections (a) and (b) (and the provisions of subsection (e)) shall be effective with respect to service performed after December 31, 1983.

STAT. 1127 42 USC 410. 26 USC 3121.

5 USC 8331.

.iy^\.

Ante, p. 1123. Ante, p. 1125.

42 USC 410 note.

26 USC 501.

97 Stat. 1107. 5 USC 8331 note. 42 USC 401. Effective date. 42 USC 410 note.

PROCEDURES TO PREVENT OVERPAYMENTS DUE TO FAILURE TO REPORT EARNINGS

SEC. 2602. (a) Section 203(h) of the Social Security Act is amended 42 USC 403. by adding at the end thereof the following new paragraph: "(4) The Secretary shall develop and implement procedures in accordance with this subsection to avoid paying more than the correct amount of benefits to any individual under this title as a result of such individual's failure to file a correct report or estimate of earnings or wages. Such procedures may include identifying categories of individuals who are likely to be paid more than the

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 98 STAT. 1128

PUBLIC LAW 98-369—JULY 18, 1984

correct amount of benefits and requesting that they estimate their earnings or wages more frequently than other persons subject to deductions under this section on account of earnings or wages.". Effective date. (b) The amendment made by subsection (a) shall be effective upon 42 USC 403 note, the date of the enactment of this Act. SPECIAL SOCIAL SECURITY TREATMENT FOR CHURCH EMPLOYEES

42 USC 410.

Infra. 26 USC 3121.

S E C 2603. (a)(1) Section 210(a)(8) of the Social Security Act is amended by inserting "(A)" after "(8)", by striking out "this paragraph" and inserting in lieu thereof "this subparagraph", and by adding at the end thereof the following new subparagraph: "(B) Service performed in the employ of a church or qualified church-controlled organization if such church or organization has in effect an election under section 3121(w) of the Internal Revenue Code of 1954, other than service in an unrelated trade or business (within the meaning of section 513(a) of such Code);". (2) Section 3121(b)(8) of the Internal Revenue Code of 1954 is amended by inserting "(A)" after "(8)", by striking out "this paragraph" and inserting in lieu thereof "this subparagraph", and by adding at the end thereof the following new subparagraph: "(B) service performed in the employ of a church or qualified church-controlled organization if such church or organization has in effect an election under subsection (w), other than service in an unrelated trade or business (within the meaning of section 513(a));". (b) Section 3121 of the Internal Revenue Code of 1954 is amended by adding at the end thereof the following new subsection: "(w) EXEMPTION OF CHURCHES AND QUALIFIED CHURCH-CONTROLLED ORGANIZATIONS.— "(1) GENERAL RULE.—Any church or qualified church-con-

42 USC 401. 26 USC 3101 et seq.

trolled organization (as defined in paragraph (3)) may make an election within the time period described in paragraph (2), in accordance with such procedures as the Secretary determines to be appropriate, that services performed in the employ of such church or organization shall be excluded from employment for purposes of title II of the Social Security Act and chapter 21 of this Code. An election may be made under this subsection only if the church or qualified church-controlled organization states that such church or organization is opposed for religious reasons to the payment of the tax imposed under section 3111. "(2) TIMING AND DURATION OF ELECTION.—An election under this subsection must be made prior to the first date, more than 90 days after the date of the enactment of this subsection, on which a quarterly employment tax return for the tax imposed under section 3111 is due, or would be due but for the election, from such church or organization. An election under this subsection shall apply to current and future employees, and shall apply to service performed after December 31, 1983. The election may not be revoked by the church or organization, but shall be permanently revoked by the Secretary if such church or organization fails to furnish the information required under section 6051 to the Secretary for a period of 2 years or more with respect to remuneration paid for such services by such church or organization, and, upon request by the Secretary, fails to furnish all such previously unfurnished information for the

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98 STAT. 1129

period covered by the election. Such revocation shall apply retroactively to the beginning of the 2-year period for which the information was not furnished. i

"(3) DEFINITIONS—

"(A) For purposes of this subsection, the term 'church' means a church, a convention or association of churches, or an elementary or secondary school which is controlled, operated, or principally supported by a church or by a convention or association of churches. "(B) For purposes of this subsection, the term 'qualified church-controlled organization' means any church-controlled tax-exempt organization described in section 501(c)(3), other than an organization which— "(i) offers goods, services, or facilities for sale, other than on an incidental basis, to the general public, other than goods, services, or facilities which are sold at a nominal charge which is substantially less than the cost of providing such goods, services, or facilities; and "(ii) normally receives more than 25 percent of its support from either (I) governmental sources, or (II) receipts from admissions, sales of merchandise, performance of services, or furnishing of facilities, in activities which are not unrelated trades or businesses, or both.". (c)(1) Section 211(c)(2) of the Social Security Act is amended— (A) by striking out "and" at the end of subparagraph (E); (B) by striking out the semicolon at the end of subparagraph (F) and inserting in lieu thereof ", and"; and (C) by adding at the end thereof the following new subparagraph: "(G) service described in section 210(a)(8)(B);". (2) Section 1402(c)(2) of the Internal Revenue Code of 1954 is amended— (A) by striking out "and" at the end of subparagraph (E); (B) by striking out the semicolon at the end of subparagraph (F) and inserting in lieu thereof ", and"; and (C) by adding at the end thereof the following new subparagraph: "(G) service described in section 3121(b)(8)(B);". (d)(1) Section 211(a) of the Social Security Act is amended— (A) by striking out "and" at the end of paragraph (11); (B) by striking out the period at the end of paragraph (12) and inserting in lieu thereof "; and"; and (C) by inserting after paragraph (12) the following new paragraph: "(18) With respect to remuneration for services which are treated as services in a trade or business under subsection (c)(2)(G)"(A) no deduction for trade or business expenses provided under the Internal Revenue Code of 1954 (other than the deduction under paragraph (11) of this subsection) shall apply; "(B) the provisions of subsection (b)(2) shall not apply; and "(C) if the amount of such remuneration from an employer for the taxable year is less than $100, such remuneration from that employer shall not be included in selfemployment income.". wsa

'

'> ^''

42 USC 411.

Ante, p. 1128. 26 USC 1402.

42 USC 411. • -*

26 USC 1 et seq.

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 98 STAT. 1130

PUBLIC LAW 98-369—JULY 18, 1984

26 USC 1402.

(2) Section 1402(a) of the Internal Revenue Code of 1954 is amended— (A) by striking out "and" at the end of paragraph (12); (B) by striking out the period at the end of paragraph (13) and inserting in lieu thereof "; and "; and (C) by inserting after paragraph (13) the following new paragraph: "(14) with respect to remuneration for services which are treated as services in a trade or business under subsection (c)(2)(G)"(A) no deduction for trade or business expenses provided under this Code (other than the deduction under paragraph (12)) shall apply; "(B) the provisions of subsection (b)(2) shall not apply; and "(C) if the amount of such remuneration from an employer for the taxable year is less than $100, such remuneration from that employer shall not be included in selfemployment income,". Effective date. (e) The amendments made by this section shall apply to service 42 USC 410 note, performed after December 31, 1983. 26 USC 3121 (f) In any case where a church or qualified church-controlled note. organization makes an election under section 3121(w) of the Internal Ante, p. 1128. Revenue Code of 1954, the Secretary of the Treasury shall refund (without interest) to such church or organization any taxes paid under sections 3101 and 3111 of such Code with respect to service performed after December 31, 1983, which is covered under such election. The refund shall be conditional upon the church or organization agreeing to pay to each employee (or former employee) the portion of the refund attributable to the tax imposed on such employee (or former employee) under section 3101, and such employee (or former employee) may not receive any other refund payment of such taxes.

Subtitle B—Improvements in SSI and AFDC Programs PART 1—IMPROVEMENTS IN SSI PROGRAM INCREASE IN DOLLAR LIMITATIONS UNDER ASSETS TEST

42 USC 1382.

SEC. 2611. (a) Section 1611(a)(1)(B) of the Social Security Act is amended— (1) by striking out "$2,250" and inserting in lieu thereof "the applicable amount determined under paragraph (3)(A)"; and (2) by striking out "$1,500" and inserting in lieu thereof "the applicable amount determined under paragraph (3)(B)". (b) Section 1611(a)(2)(B) of such Act is amended by striking out "$2,250" and inserting in lieu thereof "the applicable amount determined under paragraph (3)(A)". (c) Section 1611(a) of such Act is further amended by adding at the end thereof the following new paragraph: "(3)(A) The dollar amount referred to in clause (i) of paragraph (1)(B), and in paragraph (2)(B), shall be $2,250 prior to January 1, 1985, and shall be increased to $2,400 on January 1, 1985, to $2,550 on January 1, 1986, to $2,700 on January 1, 1987, to $2,850 on January 1, 1988, and to $3,000 on January 1, 1989.

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98 STAT. 1131

"(B) The dollar amount referred to in clause (ii) of paragraph (I)(B), shall be $1,500 prior to January 1, 1985, and shall be increased to $1,600 on January 1, 1985, to $1,700 on January 1, 1986, to $1,800 on January 1, 1987, to $1,900 on January 1, 1988, and to $2,000 on January 1, 1989.". (d) Section 16210bX2XB) of such Act is amended— 42 USC I382j. (1) by striking out "$1,500" and inserting in lieu thereof "the applicable amount determined under section 1611(a)(3)(B)"; and Ante, p. 1130. (2) by striking out "$2,250" and inserting in lieu thereof "the applicable amount determined under section 1611(a)(3)(A)". LIMITATION OF RECOUPMENT RATE IN CASE OF OVERPAYMENTS

SEC. 2612. (a) Section 1631(b)(l) of the Social Security Act is amended— (1) by inserting "(A)" after "The Secretary" in the second sentence; and (2) by striking out the period at the end of the second sentence and inserting in lieu thereof the following: ", and (B) shall in any event make the adjustment or recovery (in the case of payment of more than the correct amount of benefits), in the case of an individual or eligible spouse receiving benefit payments under this title (including supplementary payments of the type described in section 1616(a) and payments pursuant to an agreement entered into under section 212(a) of Public Law 93-66), in amounts which in the aggregate do not exceed (for any month) the lesser of (i) the amount of his or their benefit under this title for that month or (ii) an amount equal to 10 percent of his or their income for that month (including such benefit but excluding any other income excluded pursuant to section 1612(b)), unless fraud, willful misrepresentation, or concealment of material information was involved on the part of the individual or spouse in connection with the overpayment, or unless the individual requests that such adjustment or recovery be made at a higher or lower rate and the Secretary determines that adjustment or recovery at such rate is justified and appropriate. The availability (in the case of an individual who has been paid more than the correct amount of benefits) of procedures for adjustment or recovery at a limited rate under clause (B) of the preceding sentence shall not, in and of itself, prevent or restrict the provision (in such case) of more substantial relief under clause (A) of such sentence.", (b) If an adjustment referred to in section 1631(b)(l) of the Social Security Act is in effect with respect to an individual or eligible spouse on the effective date of this subsection, and the amount of such adjustment for a month is greater than the amount described in section 1631(b)(l)(B)(ii) of such Act, as added by subsection (a), the Secretary shall notify the individual whose benefits are being adjusted, in writing, of his or her right to have the adjustment reduced to the amount described in such section 1631(b)(l)(B)(ii). TREATMENT OF OVERPAYMENTS WHEN RECIPIENT'S COUNTABLE ASSETS EXCEED LIMITS IN CERTAIN CASES

SEC. 2613. Section 1631(b) of the Social Security Act is amended— (1) by redesignating paragraph (3) as paragraph (4); and

42 USC 1383. ,^,,

42 USC I382e. 87 Stat. 155.

,

42 USC 1382a.

42 USC 1383 "^te.

f 5 J:i

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42 USC 1682.

PUBLIC LAW 98-369—JULY 18, 1984

(2) by inserting after paragraph (2) the following new paragraph: "(3) If any overpayment with respect to an individual (or an individual and his or her spouse) is attributable solely to the ownership or possession by such individual (and spouse if any) of resources having a value which exceeds the applicable dollar figure specified in paragraph (1)(B) or (2)(B) of section 1611(a) by $50 or less, such individual (and spouse if any) shall be deemed for purposes of the second sentence of paragraph (1) to have been without fault in connection with the overpayment, and no adjustment or recovery shall be made under the first sentence of such paragraph, unless the Secretary finds that the failure of such individual (and spouse if any) to report such value correctly and in a timely manner was knowing and willful.". EXCLUSION OF UNDERPAYMENTS FROM RESOURCES

42 USC 1682b.

42 USC 401.

SEC. 2614. Section 1613(a) of the Social Security Act is amended— (1) by striking out "and" after the semicolon at the end of paragraph (5); (2) by striking out the period at the end of paragraph (6) and inserting in lieu thereof "; and"; and (3) by inserting after paragraph (6) the following new paragraph: "(7) any amount received from the United States which is attributable to underpayments of benefits due for one or more prior months, under this title or title II, to such individual (or spouse) or to any other person whose income is deemed to be included in such individual's (or spouse's) income for purposes of this title; but the application of this paragraph in the case of any such individual (and eligible spouse if any), with respect to any amount so received from the United States, shall be limited to the first 6 months following the month in which such amount is received, and written notice of this limitation shall be given to the recipient concurrently with the payment of such amount.". ADJUSTMENTS IN SSI BENEFITS ON ACCOUNT OF RETROACTIVE BENEFITS UNDER TITLE II

42 USC 1320a-6.

SEC. 2615. (a) Section 1127 of the Social Security Act is amended to read as follows: ADJUSTMENTS IN SSI BENEFITS ON ACCOUNT OF RETROACTIVE BENEFITS UNDER TITLE II

42 USC 401.

"SEC. 1127. (a) Notwithstanding any other provision of this Act, in any case where an individual— "(1) is entitled to benefits under title II that were not paid in the months in which they were regularly due; and "(2) is an individual or eligible spouse eligible for supplemental security income benefits for one or more months in which the benefits referred to in clause (1) were regularly due, then any benefits under title II that were regularly due in such month or months, or supplemental security income benefits for such month or months, which are due but have not been paid to such individual or eligible spouse shall be reduced by an amount equal to

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SO much of the supplemental security income benefits, whether or not paid retroactively, as would not have been paid or would not be paid with respect to such individual or spouse if he had received such benefits under title II in the month or months in which they 42 USC 401 were regularly due. "(b) For purposes of this section, the term 'supplemental security income benefits' means benefits paid or payable by the Secretary under title XVI, including State supplementary payments under an 42 USC 1381. agreement pursuant to section 1616(a) or an administration agree- 42 USC 1382e. ment under section 212(b) of Public Law 93-66. 87 Stat. 155. "(c) From the amount of the reduction made under subsection (a), the Secretary shall reimburse the State on behalf of which supplementary payments were made for the amount (if any) by which such State's expenditures on account of such supplementary payments for the month or months involved exceeded the expenditures which the State would have made (for such month or months) if the individual had received the benefits under title II at the times they were regularly due. An amount equal to the portion of such reduction remaining after reimbursement of the State under the preceding sentence shall be covered into the general fund of the Treasury.". (b) The amendment made by this section shall apply for purposes Effective date. of reducing retroactive benefits under title II of the Social Security 42 USC 1320a-6 Act or retroactive supplemental security income benefits payable note. beginning with the seventh month following the month in which this Act is enacted; except that in the case of retroactive title II benefits other than those which result from a determination of entitlement following an application for benefits under title II or from a reinstatement of benefits under title II following a period of suspension or termination of such benefits, it shall apply when the Secretary of Health and Human Services determines that it is administratively feasible. EXCLUSION FROM INCOME OF CERTAIN ALASKA BONUS PAYMENTS

SEC. 2616. (a) Section 1612(b)(2)(B) of the Social Security Act is 42 USC I382a. amended to read as follows: "(B) monthly (or other periodic) payments received by any individual, under a program established prior to July 1, 1973 (or any program established prior to such date but subsequently amended so as to conform to State or Federal constitutional standards), if (i) such payments are made by the State of which the individual receiving such payments is a resident, (ii) eligibility of any individual for such payments is not based on need and is based solely on attainment of age 65 or any other age set by the State and residency in such State by such individual, and (iii) on or before September 30, 1985, such individual (I) first becomes an eligible individual or an eligible spouse under this title, and (II) satisfies the twenty-five-year residency requirement of such program as such program was in effect prior to January 1, 1983.". (b) The amendment made by subsection (a) shall become effective Effective date. on the date of the enactment of this Act. 42 USC 1382a note.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1182

 98 STAT. 1134

PUBLIC LAW 98-369—JULY 18, 1984 PART 2—IMPROVEMENTS IN AFDC PROGRAM GROSS INCOME LIMITATION

42 USC 602.

SEC. 2621. Section 402(a)(18) of the Social Security Act is amended by striking out "150 percent of the State's standard of need" and inserting in lieu thereof "185 percent of the State's standard of need". WORK EXPENSE DEDUCTION

SEC. 2622. Section 402(a)(8)(A)(ii) of the Social Security Act is amended by striking out all that follows "the first $75 of the total of such earned income for such month" and inserting in lieu thereof a semicolon. CONTINUATION OF $30 DISREGARD FROM EARNED INCOME

SEC. 2623. (a) Section 402(a)(8)(A)(iv) of the Social Security Act is amended by inserting "(I)" after "equal to", and by inserting "(II)" after "plus". (b) Section 402(a)(8)(B)(ii)(I) of such Act is amended— (1) by striking out all that precedes "specified in subparagraph (A)(ii)" and inserting in lieu thereof the following: "(I) shall not disregard— "(a) under subclause (II) of subparagraph (A)(iv), in a case where such subclause has already been applied to the income of the persons involved for four consecutive months while they were receiving aid under the plan, or "(b) under subclause (I) of subparagraph (A)(iv), in a case where such subclause has already been applied to the income of the persons involved for twelve consecutive months while they were receiving aid under the plan, any earned income of any of the persons"; and (2) by striking out "and subparagraph (A)(iv) has not already been applied to their income for four consecutive months while they were receiving aid under the plan". (c) Section 402(a)(8)(B)(ii)(II) of such Act is amended by striking out "shall not apply" where it first appears and all that follows down through "any month thereafter" and inserting in lieu thereof the following: "shall not apply the provisions of subclause (II) of such subparagraph to any month after such month, or apply the provisions of subclause (I) of such subparagraph to any month after the eighth month following such month, for so long as he continues to receive aid under the plan, and shall not apply the provisions of either such subclause to any month thereafter". WORK TRANSITION IN THE CASE OF CERTAIN FAMILIES WHO LOSE AFDC BENEFITS BECAUSE OF EARNED INCOME

SEC. 2624. (a) Section 402(a) of the Social Security Act is amended— (1) by striking out "and" after the semicolon at the end of paragraph (35);

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(2) by striking out the period at the end of paragraph (36) and inserting in Heu thereof "; and"; and (3) by adding after paragraph (36) the following new paragraph: "(37) provide that, in any case where a family has ceased to receive aid under the plan because (by reason of paragraph (8)(B)(iiXII)) the provisions of paragraph (8)(A)(iv) no longer apply, such family shall be considered for purposes of title XIX 42 USC 1396. to be receiving aid to families with dependent children under such plan for a period of 9 months after the last month for which the family actually received such aid; and the State may at its option extend such period by an additional period of up to 6 months in the case of a family that would be eligible during such additional period to receive aid under the plan (without regard to this paragraph) if such paragraph (8)(A)(iv) applied.". (b)(l) The amendments made by this section shall apply with Effective date. 42 USC 602 note. respect to months beginning on or after October 1, 1984. (2) Such amendments shall apply with respect to families which ceased to receive aid under the applicable State plan (for the reason stated in section 402(a)(37) of the Social Security Act Supra. as added by subsection (a) of this section) before October 1, 1984, as well as with respect to families which cease to receive aid (for that reason) on or after that date; but any family which ceased to receive such aid before that date, in order to be eligible to be treated as receiving aid under the plan for any period after ceasing to receive such aid (as provided for in such section 402(a)(37))— (A) must make its application for such treatment no later than the end of the sixth month after the month in which final regulations governing the application of such section 402(a)(37) are promulgated by the Secretary of Health and Human Services (and in the case of any such family the term "last month for which the family actually received such aid" as used in such section 402(a)(37) means the month before the month in which the family makes such application); (B) must be a family that would have been continuously eligible for aid under the State plan (without regard to the amendments made by this section), from the time it ceased to receive such aid to the time of its application under subparagraph (A), if section 402(a)(8)(A)(iv) of such Act applied; and (C) must fully disclose, in its application under subparagraph (A), any health insurance coverage which its members may have in effect. CLARIFICATION OF EARNED INCOME PROVISION

SEC. 2625. (a) Section 402(a)(8) of the Social Security Act is 42 USC 602. amended by striking out "and" at the end of subparagraph (A), by adding "and" at the end of subparagraph (B), and by adding at the end thereof the following new subparagraph: "(C) provide that in implementing this paragraph the term 'earned income' shall mean gross earned income, prior to any deductions for taxes or for any other purposes;". (b) The amendments made by subsection (a) shall become effective Effective date. on the date of the enactment of this Act. 42 USC 602 note.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1184

 98 STAT. 1136

PUBLIC LAW 98-369—JULY 18, 1984 EXCLUSION OF BURIAL PLOTS, FUNERAL AGREEMENTS, AND CERTAIN PROPERTY FROM LIMITATION ON FAMILY RESOURCES

42 USC 602.

SEC. 2626. Section 402(a)(7)(B) of the Social Security Act is amended by inserting "(i)" after "for purposes of this subparagraph", and by inserting before the semicolon at the end thereof the following: ", (ii) under regulations prescribed by the Secretary, burial plots (one for each such child, relative, and other individual), and funeral agreements or (iii) for such period or periods of time as the Secretary may prescribe, real property which the family is making a good-faith effort to dispose of, but any aid payable to the family for any such period shall be conditioned upon such disposal, and any payments of such aid for that period shall (at the time of the disposal) be considered overpayments to the extent that they would not have been made had the disposal occurred at the beginning of the period for which the payments of such aid were made". FEDERAL MATCHING FOR EXPENSES INCURRED BY STATES IN REIMBURSING AFDC RECIPIENTS FOR TRANSPORTATION AND DAY CARE COSTS ATTRIBUTABLE TO PARTICIPATION IN CWEP

42 USC 609.

42 USC 602.

42 USC 603.

S E C 2627. Section 409(a)(1)(F) of the Social Security Act is amended— (1) by inserting "(i) except as provided in clause (ii)" after "that"; and (2) by inserting before the period at the end thereof the following: ", and (ii) to the extent that the State is unable to provide for the costs involved through the furnishing of services directly to the individuals participating in the program, participants who are recipients of aid under the State's plan approved under section 402 will instead be reimbursed for transportation costs directly related to their participation in the program (in amounts equal to the cost of transportation by the most appropriate means as determined by the State agency), and for day care expenses directly attributable to such participation (in amounts determined by the State agency to be reasonable, necessary, and cost-effective but not in excess of the comparable maximum day care deduction allowed under section 402(a)(8)(A)(iii) for recipients of aid under the plan generally); and amounts paid as reimbursement to participants under clause (i) or (ii) shall be considered, for purposes of section 403(a), to be expenditures made for the proper and efficient administration of the State's plan approved under section 402". MONTHLY REPORTING AND RETROSPECTIVE BUDGETING

42 USC 602.

S E C 2628. (a) Section 402(a)(13) of the Social Security Act is amended— (1) by striking out "provide that—" and inserting in lieu thereof "with respect to families who are required to report monthly to the State agency pursuant to paragraph (14) (and at the option of the State with respect to other families), provide that—"; and (2) by striking out "but only where the Secretary determines it to be appropriate" in subparagraphs (A) and (B) and inserting in lieu thereof "(but only where the Secretary determines it to be appropriate, in the case of families who are required to

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report monthly to the State agency pursuant to paragraph (14))". (b) Section 402(a)(14) of such Act is amended— 42 USC 602. (1) by striking out "(A) provide that" and inserting in lieu thereof "with respect to families in the category of recent work history or earned income cases (and at the option of the State with respect to families in other categories), provide (A) that"; (2) by striking out "with the prior approval of the Secretary" and inserting in lieu thereof "(with the prior approval of the Secretary in recent work history and earned income cases)"; and (3) by striking out "upon the State's showing to the satisfaction of the Secretary that" and inserting in lieu thereof "upon a determination that". (c) Section 402(a) of such Act is further amended by adding at the end thereof (after and below paragraph (37), as added by section 2624(a) of this Act) the following new sentence: "The Secretary may waive any of the requirements imposed under or in connection with paragraphs (13) and (14) of this subsection to the extent necessary to make such requirements compatible with the corresponding reporting and budgeting requirements by the Food Stamp Act of 1977.". 7 USC 2011. TREATMENT OF EARNED INCOME TAX CREDIT IN DETERMINING COUNTABLE INCOME

SEC. 2629. Section 402(d)(l) of the Social Security Act is amended to read as follows: "(1) For purposes of paragraphs (7) and (8) of subsection (a), any refund of Federal income taxes made by reason of section 32 of the Internal Revenue Code of 1954 (relating to earned income credit) Ante, p. 826. and any payment made by an employer under section 3507 of such Code (relating to advance pa3moient of earned income credit) shall be 26 USC 3507. considered earned income.". FEDERALLY ASSISTED PILOT PROJECTS TO DEMONSTRATE ONE-STOP SERVICE D E L IV E R Y SYSTEMS

SEC. 2630. Part A of title XI of the Social Security Act is amended by adding at the end thereof the following new section: "PILOT PROJECTS TO DEMONSTRATE THE USE OF INTEGRATED SERVICE D E U V E R Y S Y S T E M S FOR H U M A N SERVICES PROGRAMS

"SEC. 1136. (a) In order to develop and demonstrate ways of 42 USC i320b-6. improving the delivery of services to individuals and families who need them under the various human services programs, by eliminating programmatic fragmentation and thereby assuring that an applicant for services under any one such program will be informed of and have access to all of the services which may be available to him or his family under the other human services programs being carried out in the community involved, any State having an approved plan under part A of title IV may, subject to the provisions of 42 USC 601. this section, establish and conduct one or more pilot projects to demonstrate the use of integrated service delivery systems for human services programs in that State or in one or more political subdivisions thereof.

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PUBLIC LAW 98-369—JULY 18, 1984

"(b) The integration of service delivery systems for human services programs in any State or locality under a pilot project established under this section shall involve or include— "(1) the development of a common set of terms for use in all of the human services programs involved; "(2) the development for each applicant of a single comprehensive family profile which is suitable for use under all of the human services programs involved; "(3) the establishment and maintenance of a single resources directory by which the citizens of the community involved may be informed of and gain access to the services which are available under all such programs; "(4) the development of a unified budget and budgeting process, and a unified accounting system, with standardized audit procedures; "(5) the implementation of unified planning, needs assessment, and evaluation; "(6) the consolidation of agency locations and related transportation services; "(7) the standardization of procedures for purchasing services from nongovermental sources; "(8) the creation of communications linkages among agencies to permit the serving of individual and family needs across program and agency lines; "(9) the development, to the maximum extent possible, of uniform application and eligibility determination procedures; and "(10) any other methods, arrangements, and procedures which the Secretary determines are necessary or desirable for, and consistent with, the establishment and operation of an integrated service delivery system. "(c)(1) Any State which desires to establish and conduct a pilot project under this section, after having published a description of the proposed project and invited comments thereon from interested persons in the community or communities which would be affected, shall submit an application to the Secretary (in such form and containing such information as the Secretary may require) within 6 months after the date of the enactment of this section. The proposed project may be statewide in operation or may be limited to one or more political subdivisions of the State; and the application shall in any event include or be accompanied by satisfactory assurances that the project as proposed would be permitted under applicable State and local law. "(2) The Secretary shall consider all applications and accompanying comments and materials which are submitted under paragraph (1), and, no later than 9 months after the date of the enactment of this section, shall approve no fewer than 3 nor more than 5 of the proposed projects (including one such project to be operated on a statewide basis). In considering and approving such applications the Secretary shall take into account the size and characteristics of the population that would be served by each proposed project, the desirability of wide geographic distribution among the projects, the number and nature of the human services programs which are in active operation in the various communities involved, and such other factors as may tend to indicate whether or not a particular proposed project would provide a useful and effective demonstration of the value of an integrated service delivery system. Each project

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approved under this paragraph shall be deemed for purposes of this section to begin on the first day of the month following the month in which the application with respect to such project is approved. "(3) The Secretary shall approve any application for a project under this section only after determining that the conduct of such project will not lower or restrict the levels of aid, assistance, benefits, or services, or the income or resource standards, deductions, or exclusions, under any of the human services programs involved, and will not delay the provision of aid, assistance, benefits, or services under any of such programs. "(d)(1) Any State whose application is approved under subsection (c) may submit to the Secretary a request for the waiver of any requirement which would otherwise apply with respect to the proposed project under any of the laws governing the human services programs to be included in the project; and— "(A) if the law involved is within the jurisdiction of the Secretary and authority to grant the waiver involved is otherwise available to the Secretary under this title, title IV, or any 42 USC 601. other provision of law, the Secretary shall approve such request upon a determination that the waiver is necessary for the project to provide a useful and effective demonstration of the value of an integrated service delivery system; and "(B) if the law involved is within the jurisdiction of a Federal agency other than the Department of Health and Human Services and authority to grant the waiver involved is available to the head of such other agency under that law or any other provision of law, the Secretary shall transmit such request (on behalf of the requesting State) to the head of such other agency, who shall approve such request upon a determination that the waiver is necessary for the project to provide a useful and effective demonstration of the value of an integrated service delivery system and who shall certify such approval to the ^,.; Secretary. "(2) If under the law governing any of the human services pro- Public grams included within a project there are provisions establishing information. safeguards which limit or restrict the use or disclosure of information (concerning applicants for or recipients of benefits or services) which has been obtained or developed by the agency involved in the conduct of that program, and a waiver of such provisions is granted under paragraph (1) in order to make such information available for purposes of the project— "(A) the State shall provide each applicant for and recipient of aid, assistance, benefits, or services under the proposed integrated service delivery system with a clear and readily comprehensible notice that such information may be disclosed to and used by project personnel, or exchanged with the other agencies having responsibility for human services programs included within the project; "(B) the State shall take such steps as may be necessary to ensure that the information disclosed will be used only for purposes of, and by persons directly connected with, such project; and "(C) the State's application with respect to the project under subsection (c) shall contain or be accompanied by satisfactory assurances that the preceding requirements of this paragraph will be fully complied with.

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 98 STAT. 1140

PUBLIC LAW 98-369—JULY 18, 1984

"(e) The Secretary shall from time to time pay to each State which has an approved pilot project under this section, in such manner and according to such schedule as may be agreed upon by the Secretary and such State, amounts equal in the aggregate to— "(1) 90 percent of the costs incurred by such State and its political subdivisions in carrying out such project during the first 18 months after the date on which the project begins, "(2) 80 percent of any such costs incurred during the 12-month period beginning with the nineteenth month after such date, and "(3) 70 percent of any such costs incurred during the 12-month period beginning with the thirty-first month after such date. "(f)(1) For purposes of this section, the term 'human services program' includes the program of aid to families with dependent children under part A of title IV, the supplemental security income 42 USC 601. benefits program under title XVI, the Federal food stamp program, 42 USC 1381. and any other Federal or federally assisted program (other than a 29 USC 701 note. program under the Rehabilitation Act of 1973) which provides aid, assistance, or benefits based wholly or partly on need or on incomerelated qualifications to specified classes or types of individuals or families or which is designed to help in crisis or emergency situations by meeting the basic human needs of individuals or families whose own resources are insufficient for that purpose. "(2) In carrying out this section the Secretary shall regularly consult with the Secretary of Labor, the Secretary of Agriculture, the Secretary of Housing and Urban Development, and the head of any other Federal agency having jurisdiction over or responsibility for one or more human services programs, in order to ensure that the administrative efforts of the various agencies involved are coordinated with respect to all of the pilot projects being carried out under this section. "(g) The Secretary shall require each State which is carrying out a Reports. pilot project under this section to submit periodic reports on the progress of such project, giving particular attention to the costeffectiveness of the integrated service delivery system involved and the extent to which such system is improving the delivery of services. No pilot project under this section shall be conducted for a period of longer than 42 months. The first such report shall be submitted no later than 3 months after the date on which the project begins. "(h) The Secretary shall from time to time submit to the Congress Report. a report on the progress and current status of each of the approved pilot projects under this section. Each such report shall reflect the periodic reports theretofore submitted to the Secretary by the States involved under subsection (g), and shall contain such additional comments, findings, and recommendations with respect to the operation of the program under this section as the Secretary may determine to be appropriate. "(i) The Comptroller General shall, at such time or times as he determines to be appropriate, review and evaluate any or all of the pilot projects undertaken pursuant to this section, and shall from time to time report to the Congress on the results of such reviews and evaluations together with his findings and recommendations with respect thereto. Appropriation "(j) There are authorized to be appropriated, for the four-fiscalauthorization. year period beginning with the fiscal year 1985, such sums, not to

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exceed $8,000,000 in the aggregate, as may be necessary to carry out this section.". EXEMPTION OF CERTAIN PREGNANT WOMEN FROM REGISTRATION FOR WORK OR TRAINING

SEC. 2631. Section 402(a)(19XA) of the Social Security Act is 42 USC 602. amended— (1) by striking out "or" at the end of clause (vii); (2) by adding "or" after the semicolon at the end of clause (viii); and (3) by inserting immediately after clause (viii) the following new clause: "(ix) a woman who is pregnant if it has been medically verified that the child is expected to be born in the month in which such registration would otherwise be required or within the 3-month period immediately following such month;". TREATMENT OF NONRECURRING LUMP SUM INCOME

SEC. 2632. (a) Section 402(a)(17) of the Social Security Act is amended by adding at the end thereof (after and below subparagraph (B)) the following: "except that the State may at its option recalculate the period of ineligibility otherwise determined under subparagraph (A) (but only with respect to the remaining months in such period) in any one or more of the following cases: (i) an event occurs which, had the family been receiving aid under the State plan for the month of the occurrence, would result in a cheinge in the amount of aid payable for such month under the plan, or (ii) the income received has become unavailable to the members of the family for reasons that were beyond the control of such members, or (iii) the family incurs, becomes responsible for, and pays medical expenses (as allowed by the State) in a month of ineligibility determined under subparagraph (A) (which expenses may be considered as an offset against the amount of income received in the first month of such ineligibility);", (b) Section 402(aK17) of such Act is further amended— (1) by striking out "a person specified in paragraph (8)(A)(i) or (ii)" in the matter preceding subparagraph (A) and inserting in lieu thereof "a child or relative applying for or receiving aid to families with dependent children, or any other person whose need the State considers when determining the income of a family,"; and (2) effective on the date of the enactment of this Act, by striking out "an amount of income" in the matter preceding subparagraph (A) and inserting in lieu thereof "an amount of earned or unearned income". WAIVER OF OVERPAYMENT RECOUPMENT WHEN COST OF COLLECTION WOULD EXCEED AMOUNT DUE

SEC. 2633. (a) Section 402(a)(22) of the Social Security Act is amended by adding at the end thereof (after and below subparagraph (O) the following:

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