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98 STAT. 1789

expenditures and 50.5 percent of Federal health care (nonmilitary) expenditures, and as our population ages the percentage of Federal health care dollars absorbed by older individuals will inevitably increase; "(5) older individuals consume more prescription and overthe-counter drugs than any other age group and are therefore more likely to be exposed to two or more active drugs which negatively interact; "(6) many of the health problems faced by older individuals and the fear of those health problems can be ameliorated and in some cases prevented if proper health education and training is available; "(7) health education and training focused specifically on the needs of older individuals can play an important role in health promotion and illness prevention and simultaneously help reduce medical costs for both individuals and the Government; "(8) the educational institutions of public health, the medical sciences, psychology, pharmacology, nursing, social work, health education, nutrition, and gerontology have much to offer in the design and implementation of health education and training services for older individuals; and "(9) the existing 3,300 multipurpose senior centers established under this Act which already serve over 9,000,000 older individuals each year, are appropriate points of contact from which health education and training can be provided, but there is currently no uniform, standardized program consistently in place across the Nation. "PURPOSES

"SEC. 703. The purposes of this title are to provide the necessary resources, leadership, and coordination (1) to design a uniform, standardized program of health education and training for older individuals; (2) to directly involve graduate educational institutions of public health in the design of such program; (3) to directly involve the graduate educational institutions of public health, the medical sciences, psychology, pharmacology, nursing, social work, health education, nutrition, and gerontology in the implementation of such program; (4) to implement such program in multipurpose senior centers established under this Act; and (5) to evaluate such program.

42 USC 3058a.

"OLDER AMERICANS PERSONAL HEALTH EDUCATION AND TRAINING PROGRAM

"SEC. 704. (a) In order to foster and promote the design and implementation of a health education and training program for individuals who are 60 years of age or older, the Secretary of Health and Human Services (hereinafter in this title referred to as the 'Secretary') shall establish an older individuals personal health education and training program within the Administration on Aging. "(b)(1) In order to carry out the provisions of this title, the Secretary, through the Administration on Aging, shall make grants and enter into contracts with public or private institutions of higher education having graduate programs with capability in public health, the medical sciences, psychology, pharmacology, nursing, social work, health education, nutrition, or gerontology in order to

Grants. Contracts with 42 USC 3058b

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 98 STAT. 1790 Prohibition.

Ante, p. 1780.

Ante, p. mi.

42 USC 3025.

PUBLIC LAW 98-459—OCT. 9, 1984

achieve the purposes of this title. No payment shall be made by the Secretary toward the cost of any such project established or administered by any such institution unless the Secretary determines that such project— "(A) will provide for the design and implementation of a local or statewide demonstration health education and training program which is amenable to replication in multipurpose senior centers, as well as other sites convenient to older individuals; "(B) will provide for consultation with and utilization of multipurpose senior centers established under section 321(b)(1) with regard to the provision of services to meet the specific needs of older individuals; "(C) will be generally applicable to the health needs of all individuals 60 years of age or older; "(D) will provide for the development of components appropriate for uniform, standardized use relating to specific problems encountered by older individuals, such as diet, mental health, physical fitness, hypertension, retirement, health insurance, hypothermia, and legal advice concerning rights to live and to receive medical treatment; "(E) will provide health education in the safe and effective use of prescription and nonprescription medicines; "(F) will address the motivation of older individuals including consideration of the elements of self-responsibility, physical fitness, stress management, nutrition, and environmental awareness; and the benefits older individuals can derive from behavioral and lifestyle modifications within their individual control; "(G) will provide for peer contact and interaction among participating older individuals; "(H) will provide for the training and utilization of graduate students (including the consideration of the granting of course credit to such students) and faculty in the fields of public health, the medical sciences, psychology, pharmacology, nursing, social work, health education, nutrition, and gerontology; "(I) will provide for the training and utilization of older individuals participating in such projects as volunteers; "(J) will ensure that participating older individuals are made aware of the health services available to them in their communities; "(K) will be designed in consultation with persons specifically competent in the field of public health; "(L) with regard to the provision of services, will be designed in consultation with each area agency on aging located in the geographic area to be served by such project with specific attention to State and area agency replication under section 307(f); "(M) will demonstrate the ability of those who carry out such project to generate multidisciplinary working relationships with other groups in relevant fields, including the medical sciences, mental health, pharmacology, nursing, social work, health education, nutrition, and gerontology; "(N) will provide for coordination with the State agency designated under section 305(a)(l) and State health officials in the State in which such project is carried out; and "(O) will implement health education and training activity in at least 10 separate sites.

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i

"(2) The Secretary shall establish, issue, and amend such regulations as may be necessary to effectively carry out this title. "(c)(1) The Secretary shall pay not to exceed 90 percent of the cost of any project which is the subject of a contract entered into under subsection (b). "(2) The remaining cost of such project shall be provided from non-Federal sources, in cash or in-kind. In determining the amount of the non-Federal share, the Secretary is authorized to attribute fair-market value to services and facilities contributed from nonFederal sources. "(3) In considering grant or contract applications under this title, the Secretary shall— "(A) give priority to grants and contracts smaller than $150,000; and "(B) to the extent practicable, ensure an equitable geographic distribution in the awarding of such grants or contracts, including an appropriate consideration of both urban and rural needs. "(d)(1) The Secretary shall prepare and submit to the Congress, not later than October 1, 1985, an interim report describing the projects approved under subsection (b) and a design for the evaluation of such projects. "(2) Not later than October 1, 1986, the Secretary shall prepare and disseminate, through the Commissioner, to State agencies on aging information and materials relating to projects conducted under this title, including uniform, standardized components of a program of health and nutrition education. "(3) The Secretary shall prepare and submit to the President and the Congress a final report on the projects approved under subsection (b) not later than February 1, 1987, along with such findings and recommendations as the Secretary deems appropriate.

STAT. 1791 Regulations.

Report.

Report.

"ADMINISTRATION

"SEC. 705. (a) In carrying out this title, the Secretary is authorized to use, with their consent, the services, equipment, personnel, and facilities of Federal and other agencies with or without reimbursement, and to cooperate on a similar basis with other public and private agencies and instrumentalities in the use of services, equipment, and facilities. "(b) Payments under this title may be made in advance or by way of reimbursement, and in such installments as the Secretary may determine. "(c) Except as provided in section 704(d), the Secretary shall not delegate any function of the Secretary under this title to any other department or agency of the United States.

42 USC 3058c.

Prohibition. Ante, p. 1790.

"AUTHORIZATION OF APPROPRIATIONS

"SEC. 706. (a) There are authorized to be appropriated to carry out this title $8,550,000 for fiscal year 1985 and such sums as may be necessary for fiscal years 1986 and 1987. "(b) Amounts appropriated under this section for any fiscal year shall remain available for obligation until expended.".

42 USC 3058d.

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 98 STAT. 1792

PUBLIC LAW 98-459—OCT. 9, 1984 TITLE VIII—AMENDMENTS TO OTHER LAWS; EFFECTIVE DATES RELATED AND CONFORMING AMENDMENTS

SEC. 801. (a) Section 14(c) of the National School Lunch Act (42 U.S.C. 1762a(c)) is amended by striking out "section 311(c)(1) of such Act (42 U.S.C. 3030(c)(1))" and inserting in lieu thereof "section 311(b)(1) of such Act (42 U.S.C. 3030(b)(1))". (b) Section 501(b) of the Comprehensive Older Americans Act Amendments of 1978 (42 U.S.C. 3045 note) is amended by inserting after the first sentence the following: "Such process shall include evaluation of each bidder's experience in providing services to older individuals.".. AMENDMENTS TO THE AGE DISCRIMINATION IN EMPLOYMENT ACT OF 1967 Corporations. Employment and unemployment. 29 USC 630.

29 USC 623.

29 USC 631. Retirement. 29 USC 631 note.

SEC. 802. (a) Section 11(f) of the Age Discrimination in Employment Act of 1967 is amended by adding at the end thereof the following new sentence: "The term 'employee' includes any individual who is a citizen of the United States employed by an employer in a workplace in a foreign country.". (b)(1) Section 4(f)(1) of the Age Discrimination in Employment Act of 1967 is amended by inserting before the semicolon a comma and the following: "or where such practices involve an employee in a workplace in a foreign country, and compliance with such subsections would cause such employer, or a corporation controlled by such employer, to violate the laws of the country in which such workplace is located". (2) Section 4 of the Age Discrimination in Employment Act of 1967 is amended by adding at the end thereof the following new subsection: "(g)(1) If an employer controls a corporation whose place of incorporation is in a foreign country, any practice by such corporation prohibited under this section shall be presumed to be such practice by such employer. "(2) The prohibitions of this section shall not apply where the employer is a foreign person not controlled by an American employer. "(3) For the purpose of this subsection the determination of whether an employer controls a corporation shall be based upon the— "(A) interrelation of operations, "(B) common management, "(C) centralized control of labor relations, and "(D) common ownership or financial control, of the employer and the corporation.". (c)(1) Section 12(c)(1) of the Age Discrimination in Employment Act of 1967 is amended by striking out "$27,000" and inserting in lieu thereof "$44,000". (2) The amendment made by paragraph (1) of this subsection shall not apply with respect to any individual who retires, or is compelled to retire, before the date of the enactment of this Act.

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 PUBLIC LAW 98-459—OCT. 9, 1984

98 STAT. 1793

EFFECTIVE DATES

SEC. 803. (a) Except as provided in subsection (b), this Act and the amendments made by this Act shall take effect on the date of the enactment of this Act. (b)(1) The amendment made by section 206(a) shall take effect 60 days after the date of the enactment of this Act. (2) The amendment made by section 206(d) shall take effect on the first day of the first fiscal year beginnning after the date of the enactment of this Act. (3) The amendment made by section 411(b) shall not apply with respect to any grant or payment made before the date of the enactment of this Act. (4) The amendment made by section 701 shall take effect on October 1, 1984. Approved October 9, 1984.

LEGISLATIVE HISTORY—S. 2603 (H.R. 4785): HOUSE REPORTS: No. 98-737 accompanying H.R. 4785 (Comm. on Education and Labor) and No. 98-1037 (Comm. of Conference). SENATE REPORT No. 98-467 (Comm. on Labor and Human Resources). CONGRESSIONAL RECORD, Vol. 130 (1984): May 24, considered and passed Senate. Aug. 6, 8, H.R. 4785 considered and passed House; S. 2603 amended, passed in lieu. Sept. 26, Senate and House agreed to conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 41 (1984): Oct. 9, Presidential statement.

42 USC 3001 ^°Ante, p. 1770.

Ante, p. 1781. Ante, p. 1788.

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 98 STAT. 1794

PUBLIC LAW 98-460—OCT. 9, 1984

Public Law 98-460 98th Congress An Act Oct. 9, 1984 [H.R. 3755]

Social Security Disability Benefits Reform Act of 1984. 42 USC 1305 note.

To amend titles II and XVI of the Social Security Act to provide for reform in the disability determination process.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SHORT TITLE AND TABLE OF CONTENTS SECTION 1. This Act may be cited as the "Social Security Disability Benefits Reform Act of 1984". TABLE OF CONTENTS Sec. 1. Short title and table of contents. Sec. 2. Standard of review for termination of disability benefits and periods of disability. Sec. 3. Evaluation of pain. Sec. 4. Multiple impairments. Sec. 5. Moratorium on mental impairment reviews. Sec. 6. Notice of reconsideration; prereview notice; demonstration projects. Sec. 7. Continuation of benefits during appeal. Sec. 8. Qualifications of medical professionals evaluating mental impairments. Sec. 9. Consultative examinations; medical evidence. Sec. 10 Uniform standards. Sec. 11 Payment of costs of rehabilitation services. Sec. 12 Advisory council study. Sec. 13 Qualifying experience for appointment of certain staff attorneys to administrative law judge positions. Sec. 14 Supplemental security income benefits for individuals who perform substantial gainful activity despite severe medical impairment. Sec. 15 Frequency of continuing eligibility reviews. Sec. 16 Determination and monitoring of need for representative payee. Sec. 17 Measures to improve compliance with Federal law. Sec. 18 Separability. STANDARD OF REVIEW FOR TERMINATION OF DISABILITY BENEFITS AND PERIODS OF DISABILITY

97 Stat. 134. 42 USC 423.

SEC. 2. (a) Section 223(f) of the Social Security Act is amended to read as follows: "Standard of Review for Termination of Disability Benefits

42 USC 1395.

"(f) A recipient of benefits under this title or title XVIII based on the disability of any individual may be determined not to be entitled to such benefits on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling only if such finding is supported by— "(1) substantial evidence which demonstrates that— "(A) there has been any medical improvement in the individual's impairment or combination of impairments (other than medical improvement which is not related to the individual's ability to work), and

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98 STAT. 1795

"(B)(i) the individual is now able to engage in substantial gainful activity, or "(ii) if the individual is a widow or surviving divorced wife under section 202(e) or a widower or surviving divorced 42 USC 402. husband under section 202(f), the severity of his or her impairment or impairments is no longer deemed, under regulations prescribed by the Secretary, sufficient to preclude the individual from engaging in gainful activity; or "(2) substantial evidence which— "(A) consists of new medical evidence and (in a case to which clause (iiXII) does not apply) a new assessment of the individual's residual functional capacity, and demonstrates that'll) although the individual has not improved medically, he or she is nonetheless a beneficiary of advances in medical or vocational therapy or technology (related to the individual's ability to work), and "(ii)(I) the individual is now able to engage in substantial gainful activity, or "(II) if the individual is a widow or surviving divorced wife under section 202(e) or a widower or surviving divorced husband under section 202(f), the severity of his or her impairment or impairments is no longer deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity, or "(B) demonstrates that— "(i) although the individual has not improved medically, he or she has undergone vocational therapy (related to the individual's ability to work), and "(ii) the requirements of subclause (I) or (II) of subparagraph (A)(ii) are met; or "(3) substantial evidence which demonstrates that, as determined on the basis of new or improved diagnostic techniques or evaluations, the individual's impairment or combination of impairments is not as disabling as it was considered to be at the time of the most recent prior decision that he or she was under a disability or continued to be under a disability, and that therefore— "(A) the individual is able to engage in substantial gainful activity, or "(B) if the individual is a widow or surviving divorced wife under section 202(e) or a widower or surviving divorced husband under section 202(f), the severity of his or her impairment or impairments is not deemed under regulations prescribed by the Secretary sufficient to preclude the individual from engaging in gainful activity; or "(4) substantial evidence (which may be evidence on the record at the time any prior determination of the entitlement to benefits based on disability was made, or newly obtained evidence which relates to that determination) which demonstrates that a prior determination was in error. Nothing in this subsection shall be construed to require a determination that a recipient of benefits under this title or title XVIII 42 USC 1395. based on an individual's disability is entitled to such benefits if the prior determination was fraudulently obtained or if the individual is engaged in substantial gainful activity (or gainful activity in the

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 STAT. 1796

42 USC 416. Ante, p. 1794. 42 USC 1395.

42 USC 1382c.

42 USC I382h.

PUBLIC LAW 98-460—OCT. 9, 1984

case of a widow, surviving divorced wife, widower, or surviving divorced husband), cannot be located, or fails, without good cause, to cooperate in a review of the entitlement to such benefits or to follow prescribed treatment which would be expected to restore his or her ability to engage in substantial gainful activity (or gainful activity in the case of a widow, surviving divorced wife, widower, or surviving divorced husband). Any determination under this section shall be made on the basis of all the evidence available in the individual's case file, including new evidence concerning the individual's prior or current condition which is presented by the individual or secured by the Secretary. Any determination made under this section shall be made on the basis of the weight of the evidence and on a neutral basis with regard to the individual's condition, without any initial inference as to the presence or absence of disability being drawn from the fact that the individual has previously been determined to be disabled. For purposes of this subsection, a benefit under this title is based on an individual's disability if it is a disability insurance benefit, a child's, widow's, or widower's insurance benefit based on disability, or a mother's or father's insurance benefit based on the disability of the mother's or father's child who has attained age 16.". (b) Section 216(i)(2)(D) of such Act is amended by adding at the end thereof the following: "The provisions set forth in section 223(f) with respect to determinations of whether entitlement to benefits under this title or title XVIII based on the disability of any individual is terminated (on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling) shall apply in the same manner and to the same extent with respect to determinations of whether a period of disability has ended (on the basis of a finding that the physical or mental impairment on the basis of which the finding of disability was made has ceased, does not exist, or is not disabling)." (c) Section 1614(a) of such Act is amended by adding at the end thereof the following new paragraph: "(5) A recipient of benefits based on disability under this title may be determined not to be entitled to such benefits on the basis of a finding that the physical or mental impairment on the basis of which such benefits are provided has ceased, does not exist, or is not disabling only if such finding is supported by— "(A) substantial evidence which demonstrates that— "(i) there has been any medical improvement in the individual's impairment or combination of impairments (other than medical improvement which is not related to the individugd's ability to work), and "(ii) the individual is now able to engage in substantial gainful activity; or "(B) substantial evidence (except in the case of an individual eligible to receive benefits under section 1619) which— "(i) consists of new medical evidence and a new assessment of the individual's residual functional capacity, and demonstrates that— "(I) although the individual has not improved medically, he or she is nonetheless a beneficiary of advances in medical or vocational therapy or technology (related to the individual's ability to work), and "(II) the individual is now able to engage in substantial gainful activity, or

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98 STAT. 1797

"(ii) demonstrates that— "(I) although the individual has not improved medically, he or she has undergone vocational therapy (related to the individual's ability to work), and "(II) the individual is now able to engage in substantial gainful activity; or "(C) substantial evidence which demonstrates that, as determined on the basis of new or improved diagnostic techniques or evaluations, the individual's impairment or combination of impairments is not as disabling as it was considered to be at the time of the most recent prior decision that he or she was under a disability or continued to be under a disability, and that therefore the individual is able to engage in substantial gednful activity; or "(D) substantial evidence (which may be evidence on the record at the time any prior determination of the entitlement to benefits based on disability was made, or newly obtained evidence which relates to that determination) which demonstrates that a prior determination was in error. Nothing in this paragraph shall be construed to require a determination that an individual receiving benefits based on disability under this title is entitled to such benefits if the prior determination was fraudulently obtained or if the individual is engaged in substantial gainful activity, cannot be located, or fails, without good cause, to cooperate in a review of his or her entitlement or to follow prescribed treatment which would be expected to restore his or her ability to engage in substantial gainful activity. Any determination under this paragraph shall be made on the basis of all the evidence available in the individual's case file, including new evidence concerning the individual's prior or current condition which is presented by the individual or secured by the Secretary. Any determination made under this paragraph shall be made on the basis of the weight of the evidence and on a neutral basis with regard to the individual's condition, without any initial inference as to the presence or absence of disability being drawn from the fact that the individual has previously been determined to be disabled.". (d)(l) The amendments made by this section shall apply only as Effective date. provided in this subsection. 42 USC 423 note. (2) The amendments made by this section shall apply to— (A) determinations made by the Secretary on or after the date of the enactment of this Act; (B) determinations with respect to which a final decision of the Secretary has not yet been made as of the date of the enactment of this Act and with respect to which a request for administrative review is made in conformity with the time limits, exhaustion requirements, and other provisions of section 205 of the Social Security Act and regulations of the Secretary; 42 USC 405. (C) determinations with respect to which a request for judicial review was pending on September 19, 1984, and which involve an individual litigant or a member of a class in a class action who is identified by name in such pending action on such date; and (D) determinations with respect to which a timely request for judicial review is or has been made by an individual litigant of a final decision of the Secretary made within 60 days prior to the date of the enactment of this Act.

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 98 STAT. 1798

PUBLIC LAW 98-460—OCT. 9, 1984

In the case of determinations described in subparagraphs (C) and (D) in actions relating to medical improvement, the court shall remand such cases to the Secretary for review in accordance with the provisions of the Social Security Act as amended by this section. (3) In the case of a recipient of benefits under title II, XVI, or 42 USC 401, XVIII of the Social Security Act— 1381, 1395. (A) who has been determined not to be entitled to such benefits on the basis of a finding that the physical or mental impairment on the basis of which such benefits were provided has ceased, does not exist, or is not disabling, and (B) who was a member of a class certified on or before September 19, 1984, in a class action relating to medical improvement pending on September 19, 1984, but was not identified by name as a member of the class on such date, the court shall remand such case to the Secretary. The Secretary shall notify such individual by certified mail that he may request a review of the determination described in subparagraph (A) based on the provisions of this section and the provisions of the Social Secu42 USC 1305. rity Act as amended by this section. Such notification shall specify that the individual must request such review within 120 days after the date on which such notification is received. If such request is made in a timely manner, the Secretary shall make a review of the determination described in subparagraph (A) in accordance with the provisions of this section and the provisions of the Social Security Act as amended by this section. The amendments made by this section shall apply with respect to such review, and the determination described in subparagraph (A) (and any redetermination resulting from such review) shall be subject to further administrative and judicial review, only if such request is made in a timely manner. (4) The decision by the Secretary on a case remanded by a court pursuant to this subsection shall be regarded as a new decision on the individual's claim for benefits, which supersedes the final decision of the Secretary. The new decision shall be subject to further administrative review and to judicial review only in conformity with the time limits, exhaustion requirements, and other provisions of 42 USC 405. section 205 of the Social Security Act and regulations issued by the Secretary in conformity with such section. (5) No class in a class action relating to medical improvement may be certified after September 19, 1984, if the class action seeks judicial review of a decision terminating entitlement (or a period of disability) made by the Secretary of Health and Human Services prior to September 19, 1984. (6) For purposes of this subsection, the term "action relating to medical improvement" means an action raising the issue of whether an individual who has had his entitlement to benefits under title II, XVI, or XVIII of the Social Security Act based on disability terminated (or period of disability ended) should not have had such entitlement terminated (or period of disability ended) without consideration of whether there has been medical improvement in the condition of such individual (or another individual on whose disability such entitlement is based) since the time of a prior determination that the individual was under a disability. 42 USC 423 note. (e) Any individual whose case is remanded to the Secretary pursuant to subsection (d) or whose request for a review is made in a timely manner pursuant to subsection (d), may elect, in accordance 42 USC 423. with section 223(g) or 1631(a)(7) of the Social Security Act, to have Post, p. 1803. payments made ibeginning with the month in which he makes such

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98 STAT. 1799

election, and ending as under such section 223(g) or 1631(a)(7). Notwithstanding such section 223(g) or 1631(a)(7), such payments (if elected)— (1) shall be made at least until an initial redetermination is made by the Secretary; and (2) shall begin with the payment for the month in which such individual makes such election. (0 In the case of any individual who is found to be under a disability after a review required under this section, such individual shall be entitled to retroactive benefits beginning with benefits payable for the first month to which the most recent termination of benefits applied. (g) The Secretary of Health and Human Services shall prescribe regulations necessary to implement the amendments made by this section not later than 180 days after the date of the enactment of this Act.

42 USC 423. Post, p. 1803.

42 USC 423 note.

Regulations. 42 USC 423 note.

EVALUATION OF PAIN

SEC. 3. (a)(1) Section 223(d)(5) of the Social Security Act is amended 42 USC 423. by inserting after the first sentence the following new sentences: "An individual's statement as to pain or other symptoms shall not alone be conclusive evidence of disability as defined in this section; there must be medical signs and findings, established by medically acceptable clinical or laboratory diagnostic techniques, which show the existence of a medical impairment that results from anatomical, physiological, or psychological abnormalities which could reasonably be expected to produce the pain or other symptoms alleged and which, when considered with all evidence required to be furnished under this paragraph (including statements of the individual or his physician as to the intensity and persistence of such pain or other symptoms which may reasonably be accepted as consistent with the medical signs and findings), would lead to a conclusion that the individual is under a disability. Objective medical evidence of pain or other symptoms established by medically acceptable clinical or laboratory techniques (for example, deteriorating nerve or muscle tissue) must be considered in reaching a conclusion as to whether the individual is under a disability.". (2) Section 1614(a)(3)(H) of such Act (as added by section 8 of this Post, p. 1804. Act) is amended by striking out "section 221(h)" and inserting in lieu thereof "sections 221(h) and 223(d)(5)". (3) The amendments made by paragraphs (1) and (2) shall apply to Effective date. 42 USC 423 note. determinations made prior to January 1, 1987. Oi)Xl) The Secretary of Health and Human Services shall appoint a eommission on Commission on the Evaluation of Pain (hereafter in this section the Evaluation of referred to as the "Commission") to conduct a study concerning the 42 Pain. 423 note. use evaluation of pain in determining under titles II and XVI of the Social Security Act whether an individual is under a disability. Such 42 USC 401, study shall be conducted in consultation with the National Academy 1381. of Sciences. (2) The Commission shall consist of at least twelve experts, including a significant representation from the field of medicine who are involved in the study of pain, and representation from the fields of law, administration of disability insurance programs, and other appropriate fields of expertise. (3) The Commission shall be appointed by the Secretary of Health and Human Services (without regard to the requirements of the Federal Advisory Committee Act) within 60 days after the date of 5 USC app.

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 98 STAT. 1800

Termination date.

PUBLIC LAW 98-460—OCT. 9, 1984

the enactment of this Act. The Secretary shall from time to time appoint one of the members to serve as Chairman. The Commission shall meet as often as the Secretary deems necessary. (4) Members of the Commission shall be appointed without regard to the provisions of title 5, United States Coide, governing appointments in the competitive service. Members who are not employees of the United States, while attending meetings of the Commission or otherwise serving on the business of the Commission, shall be paid at a rate equal to the per diem equivalent of the rate provided for level IV of the Executive Schedule under section 5315 of title 5, United States Code, for each day, including traveltime, during which they are engaged in the actual performance of duties vested in the Commission. While engaged in the performance of such duties away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. (5) The Commission may engage such technical assistance from individuals skilled in medical and other aspects of pain as may be necessary to carry out its functions. The Secretary shall make available to the Commission such secretarial, clerical, and other assistance and any pertinent data prepared by the Department of Health and Human Services as the Commission may require to carry out its functions. (6) The Secretary shall submit the results of the study under paragraph (1), together with any recommendations, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not later than December 31, 1985. The Commission shall terminate at the time such results are submitted. MULTIPLE IMPAIRMENTS

42 USC 423.

42 USC 416. 42 USC 1382c.

SEC. 4. (a)(1) Section 223(d)(2) of the Social Security Act is amended by adding at the end thereof the following new subparagraph: "(C) In determining whether an individual's physical or mental impairment or impairments are of a sufficient medical severity that such impairment or impairments could be the basis of eligibility under this section, the Secretary shall consider the combined effect of all of the individual's impairments without regard to whether any such impairment, if considered separately, would be of such severity. If the Secretary does find a medically severe combination of impairments, the combined impact of the impairments shall be considered throughout the disability determination process.". (2) The third sentence of section 216(i)(l) of such Act is amended by inserting "(2)(C)," after "(2KA),". O> Section 1614(a)(3) of such Act is amended by adding at the end t) thereof the following new subparagraph: "(G) In determining whether an individual's physical or mental impairment or impairments are of a sufficient medical severity that such impairment or impairments could be the basis of eligibility under this section, the Secretary shall consider the combined effect of all of the individual's impairments without regard to whether any such impairment, if considered separately, would be of such severity. If the Secretary does find a medically severe combination of impairments, the combined impact of the impairments shall be considered throughout the disability determination process.".

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98 STAT. 1801

(c) The amendments made by this section shall apply with respect to determinations made on or after the first day of the first month beginning after 30 days after the date of the enactment of this Act.

Effective date. 42 USC 423 note.

MORATORIUM ON MENTAL IMPAIRMENT REVIEWS

SEC. 5. (a) The Secretary of Health and Human Services (hereafter in this section referred to as the "Secretary") shall revise the criteria embodied under the category "Mental Disorders" in the "Listing of Impairments" in effect on the date of the enactment of this Act under appendix 1 to subpart P of part 404 of title 20 of the Code of Federal Regulations. The revised criteria and listings, alone and in combination with assessments of the residual functional capacity of the individuals involved, shall be designed to realistically evaluate the ability of a mentally impaired individual to engage in substantial gainful activity in a competitive workplace environment. Regulations establishing such revised criteria and listings shall be published no later than 120 days after the date of the enactment of this Act. (b)(1) Until such time as revised criteria have been established by regulation in accordance with subsection (a), no continuing eligibility review shall be carried out under section 221(i) of the Social Security Act, or under the corresponding requirements established for disability determinations and reviews under title XVI of such Act, with respect to any individual previously determined to be under a disability by reason of a mental impairment, if— (A) no initial decision on such review has been rendered with respect to such individual prior to the date of the enactment of this Act, or (B) an initial decision on such review was rendered with respect to such individual prior to the date of the enactment of this Act but a timely appeal from such decision was filed or was pending on or after June 7, 1983. For purposes of this paragraph and subsection (c)(1) the term "continuing eligibility review, when used to refer to a review of a previous determination of disability, includes any reconsideration of or hearing on the initial decision rendered in such review as well as such initial decision itself, and any review by the Appeals Council of the hearing decision. (2) Paragraph (1) shall not apply in any case where the Secretary determines that fraud was involved in the prior determination, or where an individual (other than an individual eligible to receive benefits under section 1619 of the Social Security Act) is determined by the Secretary to be engaged in substantial gainful activity (or gainful activity, in the case of a widow, surviving divorced wife, widower, or surviving divorced husband for purposes of section 202 (e) and (f) of such Act). (c)(1) Any initial determination that an individual is not under a disability by reason of a mental impairment and any determination that an individual is not under a disability by reason of a mental impairment in a reconsideration of or hearing on an initial disability determination, made or held under title II or XVI of the Social Security Act after the date of the enactment of this Act and prior to the date on which revised criteria are established by regulation in accordance with subsection (a), and any determination that an individual is not under a disability by reason of a mental impairment made under or in accordance with title II or XVI of such Act

42 USC 421 note.

Regulations,

42 USC 421. 42 USC 1381.

•• '.-

42 USC I382h. j, 42 USC 402.

42 USC 401, 1381.

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Claims.

42 USC 401, 1381.

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in a reconsideration of, hearing on, review by the Appeals Council of, or judicial review of a decision rendered in any continuing eligibility review to which subsection (b)(1) applies, shall be redetermined by the Secretary as soon as feasible after the date on which such criteria are so established, applying such revised criteria. (2) In the case of a redetermination under paragraph (1) of a prior action which found that an individual was not under a disability, if such individual is found on redetermination to be under a disability, such redetermination shall be applied as though it had been made at the time of such prior action. (3) Any individual with a mental impairment who was found to be not disabled pursuant to an initial disability determination or a continuing eligibility review between March 1, 1981, and the date of the enactment of this Act, and who reapplies for benefits under title II or XVI of the Social Security Act, may be determined to be under a disability during the period considered in the most recent prior determination. Any reapplication under this paragraph must be filed within one year after the date of the enactment of this Act, and benefits payable as a result of the preceding sentence shall be paid only on the basis of the reapplication. NOTICE OF RECONSIDERATION; PREREVIEW NOTICE; DEMONSTRATION

PROJECTS

42 USC 421.

SEC. 6. (a) Section 221(i) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(4) In any case in which the Secretary initiates a review under this subsection of the case of an individual who has been determined to be under a disability, the Secretary shall notify such individual of the nature of the review to be carried out, the possibility that such review could result in the termination of benefits, and the right of the individual to provide medical evidence with respect to such review.". 42 USC 1383b. (b) Section 1633 of such Act is amended by adding at the end thereof the following new subsection: "(c) In any case in which the Secretary initiates a review under this title, similar to the continuing disability reviews authorized for 42 USC 401. purposes of title II under section 221(i), the Secretary shall notify the individual whose case is to be reviewed in the same manner as Supra. required under section 221(i)(4).". 42 USC 421 note. (c) The Secretary shall institute a system of notification required by the amendments made by subsections (a) and (b) as soon as is practicable after the date of the enactment of this Act. 42 USC 421 note. (d) The Secretary of Health and Human Services shall, as soon as practicable after the date of the enactment of this Act, implement demonstration projects in which the opportunity for a personal appearance prior to a determination of ineligibility for persons reviewed under section 221(i) of the Social Security Act is substituted for the face to face evidentiary hearing required by section 42 USC 405. 205(b)(2) of such Act. Such demonstration projects shall be conducted in not fewer than five States, and shall also include disability determinations with respect to individuals reviewed under title XVI 42 USC 1381. of such Act. The Secretary shall report to the Committee on Ways Report. ^jjj Means of the House of Representatives and the Committee on Finance of the Senate concerning such demonstration projects, together with any recommendations, not later than December 31, 1986.

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(e) The Secretary of Health and Human Services shall, as soon as practicable after the date of the enactment of this Act, implement demonstration projects in which the opportunity for a personal appearance is provided the applicant prior to initial disability determinations under subsections (a), (c), and (g) of section 221 of the Social Security Act, and prior to initial disability determinations on applications for benefits under title XVI of such Act. Such demonstration projects shall be conducted in not fewer than five States. The Secretary shall report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate concerning such demonstration projects, together with any recommendations, not later than December 31, 1986.

42 USC 421 note.

42 USC 421. 42 usC 1381. Report,

CONTINUATION OF BENEFITS DURING APPEAL

SEC. 7. (a)(1) Section 223(g)(l) of the Social Security Act is amended— (A) in the matter following subparagraph (C), by striking out "and the payment of any other benefits under this Act based on such individual's wages and self-employment income (including benefits under title XVIII)," and inserting in lieu thereof ", the payment of any other benefits under this title based on such individual's wages and self-employment income, the payment of mother's or father's insurance benefits to such individual's mother or father based on the disability of such individual as a child who has attained age 16, and the payment of benefits under title XVIII based on such individual's disability,"; and (B) in clause (iii) by striking out "June 1984" and inserting in lieu thereof "June 1988". (2) Section 223(g)(3)(B) of such Act is amended by striking out "December 7, 1983" and inserting in lieu thereof "January 1, 1988". (b) Section 1631(a) of such Act is amended by adding at the end thereof the following new paragraph: "(7)(A) In any case where— "(i) an individual is a recipient of benefits based on disability or blindness under this title, "(ii) the physical or mental impairment on the basis of which such benefits are payable is found to have ceased, not to have existed, or to no longer be disabling, and as a consequence such individual is determined not to be entitled to such benefits, and "(iii) a timely request for review or for a hearing is pending with respect to the determination that he is not so entitled, such individual may elect (in such manner and form and within such time as the Secretary shall by regulations prescribe) to have the payment of such benefits continued for an additional period beginning with the first month beginning after the date of the enactment of this paragraph for which (under such determination) such benefits are no longer otherwise payable, and ending with the earlier of (I) the month preceding the month in which a decision is made after such a hearing, or (II) the month preceding the month in which no such request for review or a hearing is pending. "(B)(i) If an individual elects to have the payment of his benefits continued for an additional period under subparagraph (A), and the final decision of the Secretary affirms the determination that he is not entitled to such benefits, any benefits paid under this title pursuant to such election (for months in such additional period)

42 USC 423.

42 USC 1395.

97 Stat. 803. 42 USC 423. 42 USC 1383.

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V

shall be considered overpayments for all purposes of this title, except as otherwise provided in clause (ii). "(ii) If the Secretary determines that the individual's appeal of his termination of benefits was made in good faith, all of the benefits paid pursuant to such individual's election under subparagraph (A) shall be subject to waiver consideration under the provisions of subsection (b)(D. "(C) The provisions of subparagraphs (A) and (B) shall apply with respect to determinations (that individuals are not entitled to benefits) which are made on or after the date of the enactment of this paragraph, or prior to such date but only on the basis of a timely request for review or for a hearing.". Study. (c)(1) The Secretary of Health and Human Services shall, as soon 42 USC 423 note, as practicable after the date of the enactment of this Act, conduct a study concerning the effect which the enactment and continued 42 USC 423. operation of section 223(g) of the Social Security Act is having on expenditures from the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund, and the rate of appeals to administrative law judges of unfavorable determinations relating to disability or periods of disability. (2) The Secretary shall submit the results of the study under paragraph (1), together with any recommendations, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not later than July 1, 1986. QUAUnCATIONS OF MEDICAL PROFESSIONALS EVALUATING MENTAL IMPAIRMENTS

42 USC 421.

SEC. 8. (a) Section 221 of the Social Security Act is amended by inserting after subsection (g) the following new subsection: "(h) An initial determination under subsection (a), (c), (g), or (i) that an individual is not under a disability, in any case where there is evidence which indicates the existence of a mental impairment, shall be made only if the Secretary has made every reasonable effort to ensure that a qualified psychiatrist or psychologist has completed the medical portion of the case review and any applicable residual functional capacity assessment.". Ante, p. 1800. (b) Section 1614(a)(3) of such Act (as amended by section 4 of this Act) is further amended by adding at the end thereof the following new subparagraph: "(H) In making determinations with respect to disability under Supra. this title, the provisions of section 221(h) shall apply in the same 42 USC 401. manner as they apply to determinations of disability under title II.". Effective date. (c) The amendments made by this section shall apply to determi42 USC 421 note, nations made after 60 days after the date of the enactment of this Act. CONSULTATIVE EXAMINATIONS; MEDICAL EVIDENCE

42 USC 421.

SEC. 9. (a)(1) Section 221 of the Social Security Act is amended by adding at the end thereof the following new subsection: "(j) The Secretary shall prescribe regulations which set forth, in detail— "(1) the standards to be utilized by State disability determination services and Federal personnel in determining when a

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consultative examination should be obtained in connection with disability determinations; "(2) standards for the type of referral to be made; and "(3) procedures by which the Secretary will monitor both the referral processes used and the product of professionals to whom cases are referred. Nothing in this subsection shall be construed to preclude the issuance, in accordance with section 553(b)(A) of title 5, United States Code, of interpretive rules, general statements of policy, and rules of agency organization relating to consultative examinations if such rules and statements are consistent with such regulations.". (2) The Secretary of Health and Human Services shall prescribe regulations required under section 221(j) of the Social Security Act not later than 180 days after the date of the enactment of this Act. (b)(l) Section 223(d)(5) of the Social Security Act is amended by inserting "(A)" after "(5)" and by adding at the end thereof the following new subparagraph: "(B) In making any determination with respect to whether an individual is under a disability or continues to be under a disability, the Secretary shall consider all evidence available in such individual's case record, and shall develop a complete medical history of at least the preceding twelve months for any case in which a determination is made that the individual is not under a disability. In making any determination the Secretary shall make every reasonable effort to obtain from the individual's treating physician (or other treating health care provider) all* medical evidence, including diagnostic tests, necessary in order to properly make such determination, prior to evaluating medical evidence obtained from any other source on a consultative basis.". (2) The amendments made by this subsection shall apply to determinations made on or after the date of the enactment of this Act.

Regulations. 42 USC 421 note. Ante, p. 1804. 42 USC 423.

Effective date. 42 USC 423 note.

UNIFORM STANDARDS

SEC. 10. (a) Section 221 of the Social Security Act (as amended by 42 USC 421. section 9 of this Act) is further amended by adding at the end thereof the following new subsection: "(k)(l) The Secretary shall establish by regulation uniform standards which shall be applied at all levels of determination, review, and adjudication in determining whether individuals are under disabilities as defined in section 216(i) or 223(d). 42 USC 416, 423. "(2) Regulations promulgated under paragraph (1) shall be subject to the rulemaking procedures established under section 553 of title 5, United States Code.". Ob) Section 1614(a)(3)(H) of such Act (as added by section 8 of this Ante, p. 1804. Act and amended by section 3 of this Act) is further amended by striking out "sections 221(h) and 223(d)(5)" and inserting in lieu thereof "sections 221(h), 221(k), and 223(d)(5)". PAYMENT OF. COSTS OF REHABILITATION SERVICES

SEC. 11. (a)(1) The first sentence of section 222(d)(l) of the Social 42 USC 422. Security Act is amended— (A) by striking out "into substantial gainful activity"; and (B) by striking out "which result in their performance of substantial gainful activity which lasts for a continuous period ' of nine months" and inserting in lieu thereof the following: "(i)

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in cases where the furnishing of such services results in the performance by such individuals of substantial gainful activity for a continuous period of nine months, (ii) in cases where such 42 USC 425. individuals receive benefits as a result of section 225(b) (except that no reimbursement under this paragraph shall be made for services furnished to any individual receiving such benefits for any period after the close of such individual's ninth consecutive month of substantial gainful activity or the close of the month in which his or her entitlement to such benefits ceases, whichever first occurs), and (iii) in cases where such individuals, without good cause, refuse to continue to accept vocational rehabilitation services or fail to cooperate in such a manner as to preclude their successful rehabilitation". Ante, p. 1805. (2) The second sentence of section 222(d)(1) of such Act is amended by striking out "of such individuals to substantial gainful activity" and inserting in lieu thereof "of an individual to substantial gainful activity, the determination that an individual, without good cause, refused to continue to accept vocational rehabilitation services or failed to cooperate in such a manner as to preclude successful rehabilitation,". 42 USC I382d. (b)(1) The first sentence of section 1615(d) of such Act is amended by striking out "if such services result in their performance of substantial gainful activity which lasts for a continuous period of nine months" and inserting in lieu thereof the following: "(1) in cases where the furnishing of such services results in the performance by such individuals of substantial gainful activity for a continuous period of nine months, (2) in cases where such individuals 42 USC 1383. receive benefits as a result of section 1631(a)(6) (except that no reimbursement under this subsection shall be made for services, J,., , furnished to any individual receiving such benefits for any period after the close of such individual's ninth consecutive month of substantial gainful activity or the close of the month with which his or her entitlement to such benefits ceases, whichever first occurs), .^ and (3) in cases where such individuals, without good cause, refuse to continue to accept vocational rehabilitation services or fail to cooperate in such a manner as to preclude their successful rehabilitation". (2) The second sentence of section 1615(d) of such Act is amended by inserting after "The determination" the following: "that the !. vocational rehabilitation services contributed to the successful return of an individual to substantial gainful activity, the determination that an individual, without good cause, refused to continue to accept vocational rehabilitation services or failed to cooperate in such a manner as to preclude successful rehabilitation, and the determination". Effective date. (c) The amendments made by this section shall apply with respect 42 USC 422 note, to individuals who receive benefits as a result of section 225(b) or section 1631(a)(6) of the Social Security Act, or who refuse to continue to accept rehabilitation services or fail to cooperate in an approved vocational rehabilitation program, in or after the first y;,; month following the month in which this Act is enacted. ADVISORY COUNCIL STUDY

42 USC 907 note.

SEC. 12. (a) The Secretary of Health and Human Services shall appoint the members of the next Advisory Council on Social

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Security pursuant to section 706 of the Social Security Act prior to 42 USC 907. June 1, 1985. 0)X1) The Advisory Council shall include in its review and report, Report. studies and recommendations with respect to the medical and vocational aspects of disability, including studies and recommendations relating to— (A) the effectiveness of vocational rehabilitation programs for recipients of disability insurance benefits or supplemental security income benefits; (B) the question of using specialists for completing medical and vocational evaluations at the State agency level in the disability determination process, including the question of requiring, in cases involving impairments other than mental impairments, that the medical portion of each case review (as well as any applicable assessment of residual functional capacity) be completed by an appropriate medical specialist employed by the State agency before any determination can be made with respect to the impairment involved; (C) alternative approaches to work evaluation in the case of applicants for benefits based on disability under title XVI and 42 USC i38i. ' recipients of such benefits undergoing reviews of their cases, including immediate referral of any such applicant or recipient to a vocational rehabilitation agency for services at the same time he or she is referred to the appropriate State agency for a disability determination; (D) the feasibility and appropriateness of providing work evaluation stipends for applicants for and recipients of benefits based on disability under title XVI in cases where extended work evaluation is needed prior to the final determination of their eligibility for such benefits or for further rehabilitation and related services; (E) the standards, policies, and procedures which are applied or used by the Secretary of Health and Human Services with respect to work evaluations in order to determine whether such standards, policies, and procedures will provide appropriate screening criteria for work evaluation referrals in the case of applicants for and recipients of benefits based on disability under title XVI; and (F) possible criteria for assessing the probability that an applicant for or recipient of benefits based on disability under title XVI will benefit from rehabilitation services, taking into consideration not only whether the individual involved will be able after rehabilitation to engage in substantial gainful activity but also whether rehabilitation services can reasonably be expected to improve the individual's functioning so that he or she will be able to live independently or work in a sheltered environment. (2) For purposes of this subsection, "work evaluation" includes (with respect to any individual) a determination of^ (A) such individual's skills, (B)the work activities or types of work activity for which such individual's skills are insufficient or inadequate, (C) the work activities or types of work activity for which such individual might potentially be trained or rehabilitated, (D) the length of time for which such individual is capable of sustaining work (including, in the case of the mentally

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impaired, the ability to cope with the stress of competitive work), and (E) any modifications which may be necessary, in work activities for which such individual might be trained or rehabilitated, in order to enable him or her to perform such activities. (c) The Advisory Council may convene task forces of experts to consider and comment upon specialized issues. QUALIFYING EXPERIENCE FOR APPOINTMENT OF CERTAIN STAFF ATTORNEYS TO ADMINISTRATIVE LAW JUDGE POSITIONS Report.

SEC. 13. The Secretary of Health and Human Services shall, within 120 days after the date of enactment of this Act, submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate on actions taken by the Secretary to establish positions which enable staff attorneys to gain the qualifying experience and quality of experience necessary to compete for the position of administrative law judge under section 3105 of title 5, United States Code. SUPPLEMENTAL SECURITY INCOME BENEFITS FOR INDIVIDUALS WHO PERFORM SUBSTANTIAL GAINFUL ACTIVITY DESPITE SEVERE MEDICAL IMPAIRMENT

42 USC 1382h note.

42 USC 1382h.

SEC. 14. (a) Section 201(d) of the Social Security Disability Amendments of 1980 is amended by striking out "shall remain in effect only for a period of three years after such effective date" and inserting in lieu thereof "shall remain in effect only through June 30, 1987". (b) Section 1619 of the Social Security Act is amended by adding at the end thereof the following new subsection: "(c) The Secretary of Health and Human Services and the Secretary of Education shall jointly develop and disseminate information, and establish training programs for staff personnel, with respect to the potential availability of benefits and services for disabled individuals under the provisions of this section. The Secretary of Health and Human Services shall provide such information to individuals who are applicants for and recipients of benefits based on disability under this title and shall conduct such programs for the staffs of the district offices of the Social Security Administration. The Secretary of Education shall conduct such programs for the staffs of the State Vocational Rehabilitation agencies, and in cooperation with such agencies shall also provide such information to other appropriate individuals and to public and private organizations and agencies which are concerned with rehabilitation and social services or which represent the disabled.". ,'

Regulations. 42 USC 421 note.

42 USC 421.

'

FREQUENCY OF CONTINUING ELIGIBILITY REVIEWS

SEC. 15. The Secretary of Health and Human Services shall promulgate final regulations, within 180 days after the date of the enactment of this Act, which establish the standards to be used by the Secretary in determining the frequency of reviews under section 221(i) of the Social Security Act. Until such regulations have been issued as final regulations, no individual may be reviewed more than once under section 221(i) of the Social Security Act.

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DETERMINATION AND MONITORING OF NEED FOR REPRESENTATIVE PAYEE

SEC. 16. (a) Section 205(j) of the Social Security Act is amended by inserting "(1)" after "(j) and by adding at the end thereof the following new paragraphs: "(2) Any certification made under paragraph (1) for payment to a person other than the individual entitled to such payment must be made on the basis of an investigation, carried out either prior to such certification or within forty-five days after such certification, and on the basis of adequate evidence that such certification is in the interest of the individual entitled to such payment (as determined by the Secretary in regulations). The Secretary shall ensure that such certifications are adequately reviewed. "(3)(A) In any case where payment under this title is made to a person other than the individual entitled to such payment, the Secretary shall establish a system of accountability monitoring whereby such person shall report not less often than annually with respect to the use of such payments. The Secretary shall establish and implement statistically valid procedures for reviewing such reports in order to identify instances in which such persons are not properly using such payments. "(B) Subparagraph (A) shall not apply in any case where the other person to whom such payment is made is a parent or spouse of the individual entitled to such payment who lives in the same household as such individual. The Secretary shall require such parent or spouse to verify on a periodic basis that such parent or spouse continues to live in the same household as such individual. "(C) Subparagraph (A) shall not apply in any case where the other person to whom such payment is made is a State institution. In such cases, the Secretary shall establish a system of accountability monitoring for institutions in each State. "(D) Subparagraph (A) shall not apply in any case where the individual entitled to such payment is a resident of a Federal institution and the other person to whom such payment is made is the institution. "(E) Notwithstanding subparagraphs (A), (B), (C), and (D), the Secretary may require a report at any time from any person receiving payments on behalf of another, if the Secretary has reason to believe that the person receiving such payments is misusing such payments. (4)(A) The Secretary shall make an initial report to each House of the Congress on the implementation of paragraphs (2) and (3) within 270 days after the date of the enactment of this paragraph. "(B) The Secretary shall include as a part of the annual report required under section 704, information with respect to the implementation of paragraphs (2) and (3), including the number of cases in which the payee was changed, the number of cases discovered where there has been a misuse of funds, how any such cases were dealt with by the Secretary, the final disposition of such cases, including any criminal penalties imposed, and such other information as the Secretary determines to be appropriate.". (b) Section 1631(a)(2) of such Act is amended by inserting "(A)" after "(2)" and by adding at the end thereof the following new subparagraphs: "(B) Any determination made under subparagraph (A) that payment should be made to a person other than the individual or spouse

42 USC 405.

Report.

42 USC 904.

42 USC 1383.

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-

Report.

42 USC 904. Ante, p. 1809. 42 USC 1383a.

42 USC 1383.

PUBLIC LAW 98-460—OCT. 9, 1984

entitled to such payment must be made on the basis of an investigation, carried out either prior to such determination or within fortyfive days after such determination, and on the basis of adequate evidence that such determination is in the interest of the individual or spouse entitled to such payment (as determined by the Secretary in regulations). The Secretary shall ensure that such determinations are adequately reviewed. "(C)(i) In any case where payment is made under this title to a person other than the individual or spouse entitled to such payment, the Secretary shall establish a system of accountability monitoring whereby such person shall report not less often than annually with respect to the use of such payments. The Secretary shall establish and implement statistically valid procedures for reviewing such reports in order to identify instances in which such persons are not properly using such payments. "(ii) Clause (i) shall not apply in any Case where the other person to whom such payment is made is a parent or spouse of the individual entitled to such payment who lives in the same household as such individual. The Secretary shall require such parent or spouse to verify on a periodic basis that such parent or spouse continues to live in the same household as such individual. "(iii) Clause (i) shall not apply in any case where the other person to whom such payment is made is a State institution. In such cases, the Secretary shall establish a system of accountability monitoring for institutions in each State. "(iv) Clause (i) shall not apply in any case where the individual entitled to such payment is a resident of a Federal institution and the other person to whom such payment is made is the institution. "(v) Notwithstanding clauses (i), (ii), (iii), and (iv), the Secretary may require a report at any time from any person receiving payments on behalf of another, if the Secretary has reason to believe that the person receiving such payments is misusing such pa3mients. "(D) The Secretary shall make an initial report to each House of the Congress on the implementation of subparagraphs (B) and (C) within 270 days after the date of the enactment of this subparagraph. The Secretary shall include in the annual report required under section 704, information with respect to the implementation of subparagraphs (B) and (C), including the same factors as are required to be included in the Secretary's report under section 2050X4XB).". (c)(l) Section 1632 of the Social Security Act is amended by inserting "(a)" after "Sec. 1632." and by adding at the end thereof the following new subsection: "(b)(1) Any person or other entity who is convicted of a violation of any of the provisions of paragraphs (1) through (4) of subsection (a), if such violation is committed by such person or entity in his role as, or in applying to become, a payee under section 1631(a)(2) on behalf of another individual (other than such person's eligible spouse), in lieu of the penalty set forth in subsection (a)— "(A) upon his first such conviction, shall be guilty of a misdemeanor and shall be fined not more than $5,000 or imprisoned for not more than one year, or both; and "(B) upon his second or any subsequent such conviction, shall be guilty of a felony and shall be fined not more than $25,000 or imprisoned for not more than five years, or both. "(2) In any case in which the court determines that a violation described in paragraph (1) includes a willful misuse of funds by such

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person or entity, the court may also require that full or partial restitution of such funds be made to the individual for whom such person or entity was the certified payee. "(3) Any person or entity convicted of a felony under this section or under section 208 may not be certified as a payee under section 1631(a)(2).". (2) Section 208 of such Act is amended by adding at the end thereof the following unnumbered paragraphs: "Any person or other entity who is convicted of a violation of any of the provisions of this section, if such violation is committed by such person or entity in his role as, or in applying to become, a certified payee under section 205(j) on behalf of another individual (other than such person's spouse), upon his second or any subsequent such conviction shall, in lieu of the penalty set forth in the preceding provisions of this section, be guilty of a felony and shall be fined not more than $25,000 or imprisoned for not more than five years, or both. In the case of any violation described in the preceding sentence, including a first such violation, if the court determines that such violation includes a willful misuse of funds by such person or entity, the court may also require that full or partial restitution of such funds be made to the individual for whom such person or entity was the certified payee. "Any individual or entity convicted of a felony under this section or under section 1632(b) may not be certified as a payee under section 205(j).". (d) The amendments made by this section shall become effective on the date of the enactment of this Act, and, in the case of the amendments made by subsection (c), shall apply with respect to violations occurring on or after such date.

42 USC 408. Ante, p. mo. 42 USC 408.

Ante, p. 1809.

Ante, p. 1810. Effective date. 42 USC 405 note.

MEASURES TO IMPROVE COMPLIANCE WITH FEDERAL LAW

SEC. 17. (a)(1) Section 221(b)(1) of the Social Security Act is 42 USC 421. amended to read as follows: "(b)(1)(A) Upon receiving information indicating that a State agency may be substantially failing to make disability determinations in a manner consistent with regulations and other written guidelines issued by the Secretary, the Secretary shall immediately conduct an investigation and, within 21 days after the date on which such information is received, shall make a preliminary finding with respect to whether such agency is in substantial compliance with such regulations and guidelines. If the Secretary finds that an agency is not in substantial compliance with such regulations and guidelines, the Secretary shall, on the date such finding is made, notify such agency of such finding and request assurances that such ,. agency will promptly comply with such regulations and guidelines. " ' •' "(B)(i) Any agency notified of a preliminary finding made pursuant to subparagraph (A) shall have 21 days from the date on which such finding was made to provide the assurances described in subparagraph (A). "(ii) The Secretary shall monitor the compliance with such regulations and guidelines of any agency providing such assurances in accordance with clause (i) for the 30-day period beginning on the day after the date on which such assurances have been provided. "(C) If the Secretary determines that an agency monitored in accordance with clause (ii) of subparagraph (B) has not substantially complied with such regulations and guidelines during the period for

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 98 STAT. 1812

' PUBLIC LAW 98-460—OCT. 9, 1984

which such agency was monitored, or if an agency notified pursuant to subparagraph (A) fails to provide assurances in accordance with clause (i) of subparagraph (B), the Secretary shall, within 60 days after the date on which a preliminary finding was made with respect to such agency under subparagraph (A), (or within 90 days after such date, if, at the discretion of the Secretary, such agency is granted a hearing by the Secretary on the issue of the noncompliance of such agency) make a final determination as to whether such agency is substantially complying with such regulations and guidelines. Such determination shall not be subject to judicial review. "(D)(i) If the Secretary makes a final determination pursuant to subparagraph (C) with respect to any agency that the agency is not substantially complying with such regulations and guidelines, the Secretary shall, as soon as possible but not later than 180 days after the date of such final determination, make the disability determinations referred to in subsection (a)(1), complying with the requirements of paragraph (3) to the extent that such compliance is possible within such 180-day period. In order to carry out this subparagraph, the Secretary shall, as the Secretary finds necessary, exceed any applicable personnel ceilings and waive any applicable hiring restrictions. In addition, to the extent feasible within the 180-day period after the final determination, the Secretary, in conjunction with the Secretary of Labor, shall assure the statutory protections of State agency employees not hired by the Secretary. "(ii) During the 180-day period specified in clause (i), the Secretary shall take such actions as may be necessary to assure that any case with respect to which a determination referred to in subsection (a)(1) was made by an agency, during the period for which such agency was not in substantial compliance with the applicable regulations and guidelines, was decided in accordance with such regulations and guidelines.". 42 USC 421. (2) Section 221(a)(1) of such Act is amended by striking out "subsection (b)(1)" and inserting in lieu thereof "subsection (b)(l)(C)". (3)(A) Section 221(b)(3)(A) of such Act is amended by striking out "The Secretary" and inserting in lieu thereof "Except as provided in subparagraph (D)(i) of paragraph (1), the Secretary". (B) Section 221(b)(3)(B) of such Act is amended by striking out "The Secretary" and inserting in lieu thereof "Except as provided in subparagraph (D)(i) of paragraph (1), the Secretary". (4) Section 221(d) of such Act is amended by striking out "Any individual" and inserting in lieu thereof "Except as provided in subsection (b)(l)(D), any individual". Effective date. O> The amendments made by subsection (a) of this section shall t) 42 USC 421 note, become effective on the date of the enactment of this Act and shall expire on December 31, 1987. The provisions of the Social Security 42 USC 1305. Act amended by subsection (a) of this section (as such provisions were in effect immediately before the date of the enactment of this Act) shall be effective after December 31, 1987.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/653

 PUBLIC LAW 98-460—OCT. 9, 1984

98 STAT. 1813

SEPARABILITY

SEC. 18. If any provision of this Act, or the application thereof to 42 USC 1303 any person or circumstance, is held invalid, the remainder of this ^°Act and the application of such provision to other persons or circumstances shall not be affected thereby. Approved October 9, 1984.

LEGISLATIVE HISTORY—H.R. 3755 (S. 476): HOUSE REPORTS: No. 98-618 (Comm. on Ways and Means) and No. 98-1039 (Comm. of Conference). SENATE REPORT No. 98-466 accompanying S. 476 (Comm. on Finance). CONGRESSIONAL RECORD, Vol. 130 (1984): Mar. 27, considered and passed House. May 22, considered and passed Senate, amended, in lieu of S. 476. Sept. 19, House and Senate agreed to Conference report. WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 20, No. 41 (1984): Oct. 9, Presidential statement.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/654

 98 STAT. 1814

PUBLIC LAW 98-461—OCT. 10, 1984

Public Law 98-461 98th Congress

Y--

-.-

Joint Resolution Oct. 10, 1984 [H.J. Res. 663]

Ante, p. 1747.

Making further continuing appropriations for fiscal year 1985.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the joint resolution of October 5, 1984 (Public Law 98-455), is hereby amended by striking out "October 9, 1984" and inserting in lieu thereof "October 11, 1984". SEC. 2. (a) Federal employees furloughed as a result of the lapse of appropriations from midnight October 3, 1984, until the date of enactment of this joint resolution, will be compensated at their standard rate of compensation for the period during which there was a lapse of appropriations. (b) All obligations incurred in anticipation of the appropriations and authority provided in this joint resolution for the purposes of maintaining the minimum level of essential activities necessary to protect life and property and bringing about orderly termination of other functions are hereby ratified and confirmed if otherwise in accordance with the provisions of this joint resolution. Approved October 10, 1984.

LEGISLATIVE HISTORY—H.J. Res. 663: CONGRESSIONAL RECORD, Vol. 130 (1984): Oct. 9, considered and passed House and Senate.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/655

 PUBLIC LAW 98-462—OCT. 11, 19H4

98 STAT. 1815

P u b l i c Law 98-462 9 8 t h Congress A n Act To promote research and development, encourage innovation, stimulate trade, and make necessary and appropriate modifications in the operation of the antitrust laws. ' • ' - - -

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. SHORT TITLE

Q^.^. ]^J j^gg^ ' [S. 1841]

National

Cooperative Research Act of 1984.

SECTION 1. This Act may be cited as the "National Cooperative Research Act of 1984". 15 USC 4301 DEFINITIONS

note.

SEC. 2. (a) For purposes of this Act: 15 USC 430i. (1) The term "antitrust laws" has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12), except that such term includes section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to the extent that such section 5 applies to unfair methods of competition. (2) The term "Attorney General" means the Attorney General of the United States. (3) The term "Commission" means the Federal Trade Commission. (4) The term "person" has the meaning given it in subsection (a) of the first section of the Clayton Act (15 U.S.C. 12(a)). (5) The term "State" has the meaning given it in section 4G(2) of the Clayton Act (15 U.S.C. 15g(2)). (6) The term "joint research and development venture" means any group of activities, including attempting to make, making, or performing a contract, by two or more persons for the purpose of— (A) theoretical analysis, experimentation, or systematic study of phenomena or observable facts, (B) the development or testing of basic engineering techniques, (C) the extension of investigative findings or theory of a scientific or technical nature into practical application for experimental and demonstration purposes, including the experimental production and testing of models, protot3rpes, equipment, materials, and processes, (D) the collection, exchange, and anedysis of research information, or (E) any combination of the purposes specified in subparagraphs (A), (B), (C), and (D), and may include the establishment and operation of facilities for the conducting of research, the conducting of such venture on a protected and proprietary basis, and the prosecuting of applications for patents and the granting of licenses for the

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Page:United States Statutes at Large Volume 98 Part 2.djvu/656

 98 STAT. 1816

PUBLIC LAW 98-462—OCT. 11, 1984 •

results of such venture, but does not include any activity specified in subsection (b). (b) The term "joint research and development venture" excludes the following activities involving two or more persons: (1) exchanging information among competitors relating to costs, sales, profitability, prices, marketing, or distribution of any product, process, or service that is not reasonably required to conduct the research and development that is the purpose of such venture, (2) entering into any agreement or engaging in any other conduct restricting, requiring, or otherwise involving the production or marketing by any person who is a party to such venture of any product, process, or service, other than the production or marketing of proprietary information developed through such venture, such as patents and trade secrets, and (3) entering into any agreement or engaging in any other conduct— (A) to restrict or require the sale, licensing, or sharing of inventions or developments not developed through such venture, or (B) to restrict or require participation by such party in other research and development activities, that is not reasonably required to prevent misappropriation of proprietary information contributed by any person who is a party to such venture or of the results of such venture. RULE OF REASON STANDARD

15 USC 4302.

SEC. 3. In any action under the antitrust laws, or under any State law similar to the antitrust laws, the conduct of any person in making or performing a contract to carry out a joint research and development venture shall not be deemed illegal per se; such conduct shall be judged on the basis of its reasonableness, taking into account all relevant factors affecting competition, including, but not limited to, effects on competition in properly defined, relevant research and development markets. LIMITATION ON RECOVERY

Claims. 15 USC 4303.

SEC. 4. (a) Notwithstanding section 4 of the Claj^on Act (15 U.S.C. 15) and in lieu of the relief specified in such section, any person who is entitled to recovery on a claim under such section shall recover the actual damages sustained by such person, interest calculated at the rate specified in section 1961 of title 28, United States Code, on such actual damages as specified in subsection (d), and the cost of suit attributable to such claim, including a reasonable attorney's fee pursuant to section 5 of this Act if such claim— (1) results from conduct that is within the scope of a notification that has been filed under section 6(a) of this Act for a joint research and development venture, and (2) is filed after such notification becomes effective pursuant to section 6(c) of this Act. (b) Notwithstanding section 40 of the Clayton Act (15 U.S.C. 15c), and in lieu of the relief specified in such section, any State that is entitled to monetary relief on a claim under such section shall recover the total damage sustained as described in subsection (a)(1) of such section, interest calculated at the rate specified in section

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 PUBLIC LAW 98-462—OCT. 11, 1984

98 STAT. 1817

1961 of title 28, United States Code, on such total damage as specified in subsection (d), and the cost of suit attributable to such claim, including a reasonable attorney's fee pursuant to section 4C of the Clayton Act if such claim— (1) results from conduct that is within the scope of a notification that has been filed under section 6(a) of this Act for a joint research and development venture, and (2) is filed after such notification becomes effective pursuant to section 6(c) of this Act. (c) Notwithstanding any provision of any State law providing damages for conduct similar to that forbidden by the antitrust laws, any person who is entitled to recovery on a claim under such provision shall not recover in excess of the actual damages sustained by such person, interest calculated at the rate specified in section 1961 of title 28, United States Code, on such actual damages as specified in subsection (d), and the cost of suit attributable to such claim, including a reasonable attorney's fee pursuant to section 5 of this Act if such claim— (1) results from conduct that is within the scope of a notification that has been filed under section 6(a) of this Act for a joint research and development venture, and (2) is filed after notification has become effective pursuant to section 6(c) of this Act. (d) Interest shall be awarded on the damages involved for the period beginning on the earliest date for which injury can be established and ending on the date of judgment, unless the court finds that the award of all or part of such interest is unjust in the circumstances. (e) This section shall be applicable only if the challenged conduct of a person defending against a claim is not in violation of any decree or order, entered or issued after the effective date of this Act, in any case or proceeding under the antitrust laws or any State law similar to the antitrust laws challenging such conduct as part of a joint research and development venture.

15 USC I5c.

^

ATTORNEY'S FEES

SEC. 5. (a) Notwithstanding sections 4 and 16 of the Clayton Act, in any claim under the antitrust laws, or any State law similar to the antitrust laws, based on the conducting of a joint research and development venture, the court shall, at the conclusion of the action— (1) award to a substantially prevailing claimant the cost of suit attributable to such claim, including a reasonable attorney's fee, or (2) award to a substantially prevailing party defending against any such claim the cost of suit attributable to such claim, including a reasonable attorney's fee, if the claim, or the claimant's conduct during the litigation of the claim, was frivolous, unreasonable, without foundation, or in bad faith. (b) The award made under subsection (a) may be offset in whole or in part by an award in favor of any other party for any part of the cost of suit, including a reasonable attorney's fee, attributable to conduct during the litigation by any prevailing party that the court finds to be frivolous, unreasonable, without foundation, or in bad faith.

15 USC 4304. ^^ use 15, 26.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/658

 98 STAT. 1818

PUBLIC LAW 98-462—OCT. 11, 1984 DISCLOSURE OF JOINT RESEARCH AND DEVELOPMENT VENTURE

15 USC 4305.

Federal Register, publication.

Public information. Confidentiality.

SEC. 6. (a) Any party to a joint research and development venture, acting on such venture's behalf, may, not later than 90 days after entering into a written agreement to form such venture or not later than 90 days after the date of the enactment of this Act, whichever is later, file simultaneously with the Attorney General and the Commission a written notification disclosing— (1) the identities of the parties to such venture, and (2) the nature and objectives of such venture. Any party to such venture, acting on such venture's behalf, may file additional disclosure notifications pursuant to this section as are appropriate to extend the protections of section 4. In order to maintain the protections of section 4, such venture shall, not later than 90 days after a change in its membership, file simultaneously with the Attorney General and the Commission a written notification disclosing such change. (b) Except as provided in subsection (e), not later than 30 days after receiving a notification filed under subsection (a), the Attorney General or the Commission shall publish in the Federal Register a notice with respect to such venture that identifies the parties to such venture and that describes in general terms thp area of planned activity of such venture. Prior to its publication, the contents of such notice shall be made available to the parties to such venture. (c) If with respect to a notification filed under subsection (a), notice is published in the Federal Register, then such notification shall operate to convey the protections of section 4 as of the earlier of— (1) the date of publication of notice under subsection (b), or (2) if such notice is not so published within the time required by subsection (b), after the expiration of the 30-day period beginning on the date the Attorney General or the Commission receives the applicable information described in subsection (a). (d) Except with respect to the information published pursuant to subsection (b)— (1) all information and documentary material submitted as part of a notification filed pursuant to this section, and (2) all other information obtained by the Attorney General or the Commission in the course of any investigation, administrative proceeding, or case, with respect to a potential violation of the antitrust laws by the joint research and development venture with respect to which such notification was filed, shall be exempt from disclosure under section 552 of title 5, United States Code, and shall not be made publicly available by any agency of the United States to which such section applies except in a judicial or administrative proceeding in which such information and material is subject to any protective order. (e) Any person who files a notification pursuant to this section may withdraw such notification before notice of the joint research and development venture involved is published under subsection (b). Any notification so withdrawn shall not be subject to subsection (b) and shall not confer the protections of section 4 on any person with respect to whom such notification was filed. (f) Any action taken or not taken by the Attorney General or the Commission with respect to notifications filed pursuant to this section shall not be subject to judicial review.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/659

 PUBLIC LAW 98-462—OCT. 11, 1984

98 STAT. 1819

(g)(1) Except as provided in paragraph (2), for the sole purpose of establishing that a person is entitled to the protections of section 4, the fact of disclosure of conduct under section 6(a) and the fact of publication of a notice under section 60t)) shall be admissible into evidence in any judicial or administrative proceeding. (2) No action by the Attorney General or the Commission taken pursuant to this section shall be admissible into evidence in any such proceeding for the purpose of supporting or answering any claim under the antitrust laws or under any State law similar to the antitrust laws. Approved October 11, 1984.

LEGISLATIVE HISTORY—S. 1841 (H.R. 5041): HOUSE REPORTS: No. 98-1044 (Comm. of Conference) and No. 98-656 accompanying H.R. 5041 (Comm. on the Judiciary). SENATE REPORT No. 98-427 (Comm. on the Judiciary). CONGRESSIONAL RECORD, Vol. 130 (1984): May 1, H.R. 5041 considered and passed House. July 31, considered and passed Senate. Aug. 9, considered and passed House, amended, in lieu of H.R. 5041. Sept. 26, Senate agreed to conference report. Oct. 1, House agreed to conference report.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/660

 98 STAT. 1820

PUBLIC LAW 98-463—Oct. 11, 1984 ' •

Public Law 98-463 98th Congress

-.

..

Joint Resolution Oct. 11, 1984 [S.J. Res. 201]

To provide for the designation of the week of November 25 through December 1, 1984, ^s "National Epidermolysis Bullosa Awareness Week".

Whereas the incidence and prevalence of epidermolysis bullosa present a significant health problem in the United States; Whereas epidermolysis bullosa is an inherited disorder showing widespread blistering and skin erosions which result in pain, scarring, deformity, contractures, malnutrition, anemia, gastrointestinal problems, dental problems, corneal erosions, and carcinoma; Whereas an estimated ten to fifteen thousand Americans of both sexes are afflicted with the disease, and another twenty to thirty thousand Americans may be carriers of this disease; Whereas the Nation faces a continuing need to support innovative research into the causes, treatment, and cure of epidermolysis bullosa; Whereas it is appropriate to focus the Nation's attention upon the plight of epidermolysis bullosa sufferers and upon the continuing peril epidermolysis bullosa poses to humanity: Now, therefore, be it Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That the week of November 25 through December 1, 1984, is designated "National Epidermolysis Bullosa Awareness Week" and the President of the United States is authorized and requested to issue a proclamation calling upon all Government agencies and the people of the United States to observe the week with appropriate programs, ceremonies, and activities. Approved October 11, 1984.

LEGISLATIVE HISTORY—S.J. Res. 201: CONGRESSIONAL RECORD, Vol. 130 (1984): Sept. 17, considered and passed Senate. Oct. 2, considered and passed House.

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Page:United States Statutes at Large Volume 98 Part 2.djvu/661

 PUBLIC LAW 98-464—OCT. 11, 1984

98 STAT. 1821

Public Law 98-464 98th Congress An Act To authorize appropriations for fiscal year 1985 to carry out the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979, and for other purposes.

Q^^ J-|^ jgg^ ' [^- 2688]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 17(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1684(a)) is amended by— (1) striking "and" at the end of paragraph (1); (2) striking the period at the end of paragraph (2) and inserting in Heu thereof "; and"; and (3) adding at the end thereof the following new paragraph: "(3) $3,472,000, for the fiscal year ending September 30, 1985 " (b) Section 17(b) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1684(b)) is amended by— (1) striking "and" at the end of paragraph (1); (2) striking the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (3) adding at the end thereof the following new paragraph: "(3) $3,728,000, for the fiscal year ending September 30, 1985.". SEC. 2. (a) Section 214(a) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2013(a)) is amended by— (1) striking "and" at the end of paragraph (1); (2) striking the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (3) adding at the end thereof the following new paragraph: "(3) $900,000, for the fiscal year ending September 30, 1985.". (b) Section 214(b) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2013(b)) is amended by— (1) striking "and" at the end of paragraph (1); (2) striking the period at the end of paragraph (2) and inserting in lieu thereof "; and"; and (3) adding at the end thereof the following new paragraph: "(3) $500,000, for the fiscal year ending September 30, 1985.". SEC. 3. (a) Section 16(a) of the Natural Gas Pipeline Safety Act of 1968 (49 U.S.C. App. 1683(a)) is amended by— (1) striking "to the President for transmittal"; and (2) striking "June 15" and inserting in lieu thereof "April 15". Oo) Section 213(a) of the Hazardous Liquid Pipeline Safety Act of 1979 (49 U.S.C. App. 2012(a)) is amended by— (1) striking "to the President for transmittal"; and (2) striking "June 15" and inserting in lieu thereof "April 15". SEC. 4. (a) The Secretary of Transportation shall study issues study. relating to the transportation of methanol through the interstate liquid pipeline system in the United States and shall make recommendations for the safe and efficient transportation of methanol through such pipeline system.

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