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Page:United States Statutes at Large Volume 95.djvu/849

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 823

consideration given (where appropriate) to the continuation of the funding of special projects in the State previously funded under this title (as in effect before the date of the enactment of the Maternal and Child Health Services Block Grant Act), and "(ii) a reasonable proportion (based upon the State's previous use of funds under this title) of such sums to carry out the purposes described in paragraphs (1) through (3) of section 501(a); "(D) if the State imposes any charges for the provision of health services assisted by the State under this title, such charges (i) will be pursuant to a public schedule of charges, (ii) will not be imposed with respect to services provided to low income mothers or children, and (iii) will be adjusted to reflect the income, resources, and family size of the individual provided the services; and "(E) the State agency (or agencies) administering the State's program under this title will participate— "(i) in the coordination of activities between such program and the early and periodic screening, diagnosis, and treatment program under title XIX, to ensure that such programs are carried out without duplication of effort, "(ii) in the arrangement and carrying out of coordination agreements described in section 1902(a)(ll) (relating to coordination of care and services available under this title and title XIX), and "(iii) in the coordination of activities within the State with programs carried out under this title and related Federal grant programs (including supplemental food programs for mothers, infants, and children, related education programs, and other health, developmental disability, and family planning programs). The description and statement shall be made public within the State in such manner as to facilitate comment from any person (including any Federal or other public agency) during development of the description and statement and after its transmittal. The description and statement shall be revised (consistent with this section) throughout the year as may be necessary to reflect substantial changes in any element of such description or statement, and any revision shall be subject to the requirements of the preceding sentence. "REPORTS AND AUDITS

"SEC. 506. (a)(1) Each State shall prepare and submit to the 42 USC 706. Secretary annual reports on its activities under this title. In order properly to evaluate and to compare the performance of different States assisted under this title and to assure the proper expenditure of funds under this title, such reports shall be in such form and contain such information as the Secretary determines (after consultation with the States and the Comptroller General) to be necessary (A) to secure an accurate description of those activities, (B) to secure a complete record of the purposes for which funds were spent, of the recipients of such funds, and of the progress made toward achieving the purposes of this title, and (C) to determine the extent to which funds were expended consistent with the State's description and statement transmitted under section 505. Copies of the report shall be

9-194 O—82

54: QL3

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 95 STAT. 824

PUBLIC LAW 97-35—AUG. 13, 1981 provided, upon request, to any interested public agency, and each such agency may provide its views on these reports to the Congress. "(2) The Secretary shall annually report to the Congress on activities funded under section 502(a) and shall provide for transmittal of a copy of such report to each State. "(b)(1) Each State shall, not less often than once every two years, audit its expenditures from amounts received under this title. Such State audits shall be conducted by an entity independent of the State agency administering a program funded under this title in accordance with the Comptroller General's standards for auditing governmental organizations, programs, activities, and functions and generally accepted auditing standards. Within 30 days following the completion of each audit report, the State shall submit a copy of that audit report to the Secretary. "(2) Each State shall repay to the United States amounts found by the Secretary, after notice and opportunity for a hearing to the State, not to have been expended in accordance with this title and, if such repayment is not made, the Secretary may offset such amounts against the amount of any allotment to which the State is or may become entitled under this title or may otherwise recover such amounts. "(3) The Secretary may, after notice and opportunity for a hearing, withhold payment of funds to any State which is not using its allotment under this title in accordance with this title. The Secretary may withhold such funds until the Secretary finds that the reason for the withholding has been removed and there is reasonable assurance that it will not recur. "(c) The State shall make copies of the reports and audits required by this section available for public inspection within the State. "(d)(1) For the purpose of evaluating and reviewing the block grant established under this title, the Secretary and the Comptroller General shall have access to any books, accounts, records, correspondence, or other documents that are related to such block grant, and that are in the possession, custody, or control of States, political subdivisions thereof, or any of their grantees. "(2) In conjunction with an evaluation or review under paragraph (1), no State or political subdivision thereof (or grantee of either) shall be required to create or prepare new records to comply with paragraph (1). "(3) For other provisions relating to deposit, accounting, reports, and auditing with respect to Federal grants to States, see section 202 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4212). "CRIMINAL PENALTY FOR FALSE STATEMENTS

42 USC 707.

"SEC. 507. (a) Whoever— "(1) knowingly and willfully makes or causes to be made any false statement or representation of a material fact in connection with the furnishing of items or services for which payment may be made by a State from funds allotted to the State under this title, or "(2) having knowledge of the occurrence of any event affecting his initial or continued right to any such payment conceals or fails to disclose such event with an intent fraudulently to secure such payment either in a greater amount than is due or when no such payment is authorized, shall be fined not more than $25,000 or imprisoned for not more than five years, or both.

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


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Page:United States Statutes at Large Volume 95.djvu/851

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 825

"(b) For civil monetary penalties for certain submissions of false claims, see section 1128A of this Act. Ante, p. 789. "NONDISCRIMINATION

"SEC. 508. (a)(1) For the purpose of applying the prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975, on the basis of handicap under section 504 of the Rehabilitation Act of 1973, on the basis of sex under title IX of the Education Amendments of 1972, or on the basis of race, color, or national origin under title VI of the Civil Rights Act of 1964, programs and activities funded in whole or in part with funds made available under this title are considered to be programs and activities receiving Federal financial assistance. "(2) No person shall on the ground of sex or religion be excluded from participation in, be denied the benefits of, or be subjected to discrimination under, any program or activity funded in whole or in part with funds made available under this title. "(h) Whenever the Secretary finds that a State, or an entity that has received a payment from an allotment to a State under section 502(b), has f^led to comply with a provision of law referred to in subsection (a)(D, with subsection (a)(2), or with an applicable regulation (including one prescribed to carry out subsection (a)(2)), he shall notify the chief executive officer of the State and shall request him to secure compliance. If within a reasonable period of time, not to exceed sixty days, the chief executive officer fails or refuses to secure compliance, the Secretary may— "(1) refer the matter to the Attorney General with a recommendation that an appropriate civil action be instituted, "(2) exercise the powers and functions provided by title VI of the Civil Rights Act of 1964, the Age Discrimination Act of 1975, or section 504 of the Rehabilitation Act of 1973, as may be applicable, or "(3) take such other action as may be provided by law. "(c) When a matter is referred to the Attorney General pursuant to subsection (b)(D, or whenever he has reason to believe that the entity is engaged in a pattern or practice in violation of a provision of law referred to in subsection (a)(l) or in violation of subsection (a)(2), the Attorney General may bring a civil action in any appropriate district court of the United States for such relief as may be appropriate, including injunctive relief

42 USC 708. 42 USC 6101 gg^usc 794 20 USC 1681. 42use2000d.

"ADMINISTRATION OF TITLE AND STATE PROGRAMS

"SEC. 509. (a) The Secretary shall designate an identifiable adminis- 42 USC 709. trative unit with expertise in maternal and child health within the Department of Health and Human Services, which unit shall be responsible for— "(1) the Federal program described in section 502(a); "(2) promoting coordination at the Federal level of the activities authorized under this title and under title XIX of this Act, 42 USC 1396. especially early and periodic screening, diagnosis and treatment, related activities funded by the Departments of Agriculture and Education, and under health block grants and categorical health programs, such as immunizations, administered by the Secretary;

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 95 STAT. 826

PUBLIC LAW 97-35—AUG. 13, 1981

"(3) disseminating information to the States in such areas as preventive health services and advances in the care and treatment of mothers and children; "(4) providing technical assistance, upon request, to the States in such areas as program planning, establishment of goals and objectives, standards of care, and evaluation; '(5) in cooperation with the National Center for Health Statistics and in a manner that avoids duplication of data collection, collection, maintenance, and dissemination of information relating to the health status and health service needs of mothers and children in the United States; and "(6) assisting in the preparation of reports to the Congress on the activities funded and accomplishments achieved under this title from the information required to be reported by the States under sections 505 and 506. "(b) The State health agency of each State shall be responsible for the administration (or supervision of the administration) of programs carried out with allotments made to the State under this title, except that, in the case of a State which on July 1, 1967, provided for administration (or supervision thereof) of the State plan under this title (as in effect on such date) by a State agency other than the State health agency, that State shall be considered to comply the requirement of this subsection if it would otherwise comply but for the fact that such other State agency administers (or supervises the administration of) any such program providing services for crippled children.". 42 USC 706 note. (b)(1) The Secretary of Health and Human Services shall, no later than October 1, 1984, report to the Congress on the activities of States receiving allotments under title V of the Social Security Act (as amended by this section) and include in such report any recommendations for appropriate changes in legislation. (2) The Secretary of Health and Human Services, in consultation with the Comptroller General, shall examine alternative formulas, for the allotment of funds to States under section 502(b) of the Social Security Act (as amended by this section) which might be used as a substitute for the method of allotting funds described in such section, which provide for the equitable distribution of such funds to States (as defined for purposes of such section), and which take into account— (A) the populations of the States, (B) the number of live births in the States, (C) the number of crippled children in the States, (D) the number of low income mothers and children in the States, (E) the financial resources of the various States, and (F) such other factors as the Secretary deems appropriate, and shall report to the Congress thereon not later than June 30, 1982, REPEALS AND CONFORMING AMENDMENTS

42 USC 247a.

42 USC 300b. Post, p. 828.

SEC. 2193. (a)(1)(A) Section 316(g) of the Public Health Service Act is amended by inserting ", and, subject to section 2194(b)(3) of the Maternal and Child Health Services Block Grant Act, $8,300,000 for the fiscal year ending September 30, 1982" before the period. (B) Section 1101(b) of such Act is amended by inserting "and, subject to section 2194(b)(3) of the Maternal and Child Health Services Block Grant Act, $9,680,000 for the fiscal year ending September 30, 1982" before the period.

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 827

(C) Section 1121(d)(1) of such Act is amended by inserting "; and, 42 USC 300C-11. subject to section 2194(b)(3) of the Maternal and Child Health Services Block Grant Act, $2,075,000 for fiscal year 1982" before the Post, p. 828. period. (D) Section 1131(f) of such Act is amended by inserting ", and, 42 USC 300C-21. subject to section 21940t))(3) of the Maternal and Child Health Services Block Grant Act, $2,765,000 for the fiscal year ending September 30, 1982" before the period. (2) Section 607 of the Health Services and Centers Amendments of 1978 (Public Law 95-626) is amended by inserting ", and, subject to 42 USC 300a-27. section 2194(b)(3) of the Maternal and Child Health Services Block Grant Act, $8,530,000 for the fiscal year ending September 30, 1982" before the period. (3) Section 501 of the Social Security Act (as in effect before the date the amendment made by section 2192(a) becomes effective) is 42 USC 701. amended by striking out "for each fiscal year thereafter" and inserting in lieu thereof "and for each of the next three fiscal years, and, subject to section 21940t))(3) of the Maternal and Child Health Services Block Grant Act, $317,580,000 for the fiscal year ending September 30, 1982". (4)(A) Section 1615(e)(1) of the Social Security Act is amended by 42 USC 1382d. inserting "and subject to section 2194(b)(3) of the Maternal and Child Health Services Block Grant Act" after "paragraphs (2) and (3)". (B) Effective for fiscal year 1982, section 1615(e)(3) of such Act is amended by striking out "$30,000,000" and inserting in lieu thereof "$24,070,000". (b)(1) Sections 316, 1101, 1121 and 1131 of the Public Health Service 42 USC 247a, Act are repealed. (2) Section 1104(a) of such Act is amended by inserting "and" at the 300b, 300C-11, 300C-21. end of paragraph (3), by striking out paragraph (4), and by redesignat- 42 USC 300b-3. ing paragraph (5) as paragraph (4). (3) Section 1104 of such Act is further amended (A) by striking out subsections (b) and (d), (B) by striking out "or under section 1101" in subsection (c), and (C) by redesignating subsection (c) as subsection (b). 42 USC 300b-5, (4) Sections 1106 and 227 of such Act are repealed. (5) Section 1107 of such Act is amended by striking out "appropri- 236. ated under section llOlOb)" and inserting in lieu thereof "allotted for 42 USC 300b-6. use under section 502(a) of the Social Security Act". (c)(1) Section 1108(d) of the Social Security Act is amended by 42 USC 1308. striking out "section 502(a)" and all that follows through "1967" and inserting in lieu thereof "section 421". (2) Section 1101(a)(9)(D) of such Act is amended by striking out "V, 42 USC 1301. XVIII, and XIX" and inserting in lieu thereof "XVIII and XIX". 42 USC 1320a-l. (3) Section 1122 of such Act is amended— (A) by striking out "V, XVIII, and XIX" and inserting in lieu thereof "XVIII and XIX" each place it appears, and (B) by striking out "V, XVIII, or X" in subsection (d)(2) and inserting in lieu thereof "XVIII or XIX". 42 USC 1320a-8. (4) Section 1129 of such Act is amended— (A) by striking out "V or" each place it appears in subsection (a), and (B) by striking out "V, XVIII, or" in subsection (b)(2) and inserting in lieu thereof "XVIII or". (5) Section 1132(a)(l) of such Act is amended by striking out "V,". 42 USC 1320b-2. (6) Section 1134 of such Act is amended by striking out "V, XVIII," 42 USC 1320b-4. and inserting in lieu thereof "XVIII". (7) Section 1172(4) of such Act is amended by striking out "V,". 42 USC 1320C-21.

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Page:United States Statutes at Large Volume 95.djvu/854

 95 STAT. 828 42 USC 1382d.

Ante, p. 818.

42 USC 1395x. 42 USC 1396a.

42 USC 1395b-l.

42 USC 1395b-l note.

42 USC 300a-21, 300a-41. 42 USC 1320a-8 note.

PUBLIC LAW 97-35—AUG. 13, 1981 (8)(A) Subsection (a) of section 1615 of such Act is amended by striking out "appropriate State agency administering the State plan under subsection (b) of this section, and (except in such cases" and inserting in tieu thereof "State agency administering the State program under title V, and (except for individuals who have not attained age 16 and except in such other cases". (B) Subsections (b) and (e) of such section are repealed. (9) Section 1861(w)(2) of such Act is amended by striking out "V or". (9) Section 1902(a)(llXB) of such Act is amended— (A) by striking out "for part or all of the cost of plans or projects under" and inserting in lieu thereof "under (or through an allotment under)", and (B) by striking out "such plan or project under title V" and inserting in lieu thereof "such title or allotment". (d)(1) The second sentence of section 402(a)(1) of the Social Security Amendments of 1967 (P.L. 90-248) is amended— (A) by striking out "title XVIII of such Act," and inserting in lieu thereof "title XVIII of such Act and", and (B) by striking out the ", and a program established by a plan of a State approved under title V of such Act". (2) Section 402(a)(2) of such Act is amended by striking out "titles V and XIX" and inserting in lieu thereof "title XIX" both places it occurs. (3) Section 4020t)) of such Act is amended by striking out", XIX, and V" and inserting in lieu thereof "and XIX". (e)(1) Section 222(a)(l) of the Social Security Amendments of 1972 (P.L. 92-603) is amended by striking out "titles XIX and V" and inserting in lieu thereof "title XIX". (2) The first sentence of section 222(a)(3) of such Act is amended by striking out ", XIX, and V" and inserting in lieu thereof "and XIX'. (3) Section 222(a)(4) of such Act is amended by striking out "titles V and XIX" and inserting in lieu thereof "title XIX" both places it appears. (f) Titles VI and VII of the Health Services and Centers Amendments of 1978 (P.L. 95-626) are repealed. (g) Section 914(d) of the Omnibus Reconciliation Act of 1980 (P.L. 96-499; 94 Stat. 2622) is amended by striking out "V, XVIII," and inserting in lieu thereof "XVIII". EFFECTIVE DATE; TRANSITION

42 USC 701 note.

SEC. 2194. (a) Except as otherwise provided in this section, the amendments made by sections 2192 and 2193 of this subtitle do not apply to any grant made, or contract entered into, or amounts payable to States under State plans before the earlier of— (1) October 1, 1982, or (2)(A) in the case of such grants, contracts, or payments under consolidated State programs (as defined in subsection (c)(2)(C)) to a State (or entities in the State), the date the State is first entitled to an allotment under title V of the Social Security Act (as amended by this subtitle), or (B) in the case of grants and contracts under consolidated Federal programs (as defined in subsection (c)(2)(B)), October 1, 1981, or such later date Obefore October 1, 1982) as the Secretary determines to be appropriate. (b)(1) The Secretary of Health and Human Services (hereinafter in this section referred to as the "Secretary") may not provide for any allotment to a State under title V of the Social Security Act (as

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 829

amended by this subtitle) for a calendar quarter in fiscal year 1982 unless the State has notified the Secretary, at least 30 days (or 15 days in the case of the first calendar quarter of the fiscal year) before the beginning of the calendar quarter, that the State requests an allotment for that calendar quarter (and subsequent calendar quarters). (2)(A) Any grants or contracts entered into under the authorities of the consolidated State programs (as defined in subsection (c)(2)(C)) after the date of the enactment of this subtitle shall permit the termination of such grant or contract upon three months notice by the State in which the grantee or contractor is located. (B) The Secretary shall not make or renew any grants or contracts under the provisions of the consolidated State programs (as defined in subsection (c)(2)(C)) to a State (or an entity in the State) after the date the State becomes entitled to an allotment of funds under title V of the Social Security Act (as amended by this subtitle). (3)(A) In the Case of funds appropriated for fiscal year 1982 for consolidated health programs (as defined in subsection (c)(2)(A)), such funds shall (notwithstanding any other provision of law) be available for use under title V of the Social Security Act (as amended by this subtitle), subject to subparagraphs (B) and (C). (B) Notwithstanding any other provision of law— (i) the amount that may be made available for expenditures for the consolidated Federal programs for fiscal year 1982 and for projects and programs under section 502(a) of the Social Security Act (as amended by this subtitle) may not exceed the amount provided for projects and programs under such section 502(a) for that fiscal year, and (ii) the amount that may be made available to a State (or entities in the State) for carrying out the consolidated State programs for fiscal year 1982 and for allotments to the State under section 502(b) of the Social Security Act (as amended by this subtitle) may not exceed the amount which is allotted to the State for that fiscal year under such section (without regard to paragraphs (3) and (4) thereof). (C) For fiscal year 1982, the Secretary shall reduce the amount which would otherwise be available— (i) for expenditures by the Secretary under section 502(a) of the Social Security Act (as amended by this subtitle) by the amounts which the Secretary determines or estimates are payable for consolidated Federal programs (as defined in subsection (c)(2)(B)) from funds for fiscal year 1982, and (ii) for allotment to each of the States under section 502(b) of such Act (as so amended) by the amounts which the Secretary determines or estimates are payable to that State (or entities in the State) under the consolidated State programs (as defined in subsection (c)(2)(C)) from funds for fiscal year 1982. (c) For purposes of this section:

(1) The term "State" has the meaning given such term for purposes of title V of the Social Security Act. (2)(A) The term "consolidated health programs" has the meaning given such term in section 501(b) of the Social Security Act (as amended by this subtitle). (B) The term "consolidated Federal programs" means the consolidated health programs— (i) of special projects grants under sections 503 and 504, and training grants under section 511, of the Social Security Act,

Definitions.

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PUBLIC LAW 97-35—AUG. 13, 1981

(ii) of grants and contracts for genetic disease projects and programs under section 1101 of the Public Health Service 42 USC 300b. Act, and (iii) of grants or contracts for comprehensive hemophilia diagnostic and treatment centers under section 1131 of the 42 USC 300C-21. Public Health Service Act, as such sections are in effect before the date of the enactment of this subtitle. (C) The term "consolidated State programs" means the consolidated health programs, other than the consolidated Federal programs. Ante, p. 762. (d) The provisions of chapter 2 of subtitle C of title XVII of this Act shall not apply to this subtitle (or the programs under the amendAnte, p. 764. ments made by this title) and, specifically, section 1745 of this Act shall not apply to financial and compliance audits conducted under 42 USC 706. section 5060t>) of the Social Security Act (as amended by this subtitle).

TITLE XXII—FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE PROGRAM TABLE OF CONTENTS OF TITLE

Sec. 2201. Repeal of minimum benefit provisions. Sec. 2202. Restrictions on the lump-sum death payment. Sec. 2203. Payment of certain benefits only for months after month in which entitlement conditions are fulfilled. Sec. 2204. Temporary extension of earnings limitation to include all persons aged less than seventy-two. Sec. 2205. Termination of mother's and father's benefits when child attains age sixteen. Sec. 2206. Rounding of benefits. Sec. 2207. Requests for information; cost reimbursement. Sec. 2208. Reduction in disability benefits on account of other related payments; extension of offset to disabled worker beneficiaries aged 62 through 64 and their families; change in month in which payments are offset. Sec. 2209. Reimbursement of States for successful rehabilitation services. Sec. 2210. Elimination of child's insurance benefits in the case of children aged 18 through 22 who attend postsecondary schools. REPEAL OF MINIMUM BENEFIT PROVISIONS

42 USC 415.

SEC. 2201. (a) Section 215(a)(l)(C)(i) of the Social Security Act is amended to read as follows: "(C)(i) No primary insurance amount computed under subparagraph (A) may be less than an amount equal to $11.50 multiplied by the individual's years of coverage in excess of 10, or the increased amount determined for purposes of this clause under subsection (i).". (b)(1) Section 215(a)(l)(C)(ii) of such Act is amended by striking out "For purposes of clause (i)(II)" and inserting in lieu thereof "For purposes of clause (i)". (2) Section 215(a)(3)(A) of such Act is amended by striking out "subparagraph (C)(i)(II)" and inserting in lieu thereof "subparagraph (C)(i)^. (3) Section 215(a)(4) of such Act is amended— (A) by striking out "subparagraph (C)(i)(II)" and inserting in lieu thereof "subparagraph (C)(i)"; and (B) in subclause (I) thereof, by striking out "but without regard to clauses (iv) and (v) thereof.

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Page:United States Statutes at Large Volume 95.djvu/857

 PUBLIC LAW 97-35—AUG. 13, 1981 (4) Section 215(0(8) of such Act is amended by striking out "subsection (a)(l)(C)(i)(II)" and inserting in lieu thereof "subsection (a)(l)(C)(i)". (5) Section 215(i)(2)(A)(iiXn) of such Act is amended by striking out "(including a primary insurance amount determined under subsection (a)(l)(C)(i)(I), but subject to the provisions of such subsection (a)(l)(C)(i) and clauses (iv) and (v) of this subparagraph)". (6) Section 215(i)(2)(A)(ii) of such Act is amended in the matter following subclause (III) by striking out "subparagraph (C)(i)(II)" and inserting in lieu thereof "subparagraph (C)(i) • (7) Section 215(i)(2)(A)(iii) of such Act is amended by striking out "and, with respect to a primary insurance amount determined under subsection (a)(l)(C)(i)(D, subject to the provisions of subsection (a)(l)(C)(i) and clauses (iv) and (v) of this subparagraph". (8) Section 215(i)(2)(A) of such Act is amended by striking out clauses (iv) and (v) thereof. (9) Section 215(i)(2)(D) of such Act is amended by striking out "subparagraph (C)(i)(II)" each place it appears and inserting in lieu thereof in each instance "subparagraph (C)(i)". (10) Section 202(m) of such Act is repealed. (11) Paragraphs (1) and (5) of section 202(w) of such Act are each amended by striking out "section 215(a)(l)(C)(i)(II)" and inserting in lieu thereof in each instance "section 215(a)(l)(C)(i)". (12) Section 233(c)(2) of such Act is amended to read as follows: "(2) Any such agreement may provide that an individual who is entitled to cash benefits under this title shall, notwithstanding the provisions of section 202(t), receive such benefits while he resides in a foreign country which is a party to such agreement.". (c)(1) Section 215(a) of such Act is amended by adding at the end thereof the following new paragraph: "(6)(A) The table of benefits in effect in December 1978 under this section, referred to in paragraph (4) in the matter following subparagraph (B) and in paragraph (5), revised as provided by subsection (i), as applicable, shall be extended for average monthly wages of less than $76.00 and primary insurance benefits (as determined under subsection (d)) of less than $16.20. "(B) The Secretary shall determine and promulgate in regulations the methodology for extending the table under subparagraph (A).". (2) Section 215(a)(4) of such Act is amended, in the matter following subparagraph (B), by inserting ", as modified by paragraph (6)," after "table of benefits in effect in December 1978". (3) Section 215(a)(5) of such Act is amended— (A) by inserting before the period at the end of the first sentence the following: ", and the table for determining primary insurance amounts and maximum family benefits contained in this section in December 1978 shall be modified as specified in paragraph (6)"; and (B) in the last sentence by inserting ", modified by the application of paragraph (6)," after "December 1978". (4) Section 215(f)(7) of such Act is amended by adding at the end thereof the following new sentence: "The recomputation shall be modified by the application of section 215(a)(6), where applicable.". (5) Section 215(i)(4) of such Act is amended by inserting ", modified by the application of subsection (a)(6)," after "December 1978" each place it appears. (6) Section 203(a)(8) of such Act is amended by inserting ", modified by the application of section 215(a)(6)" before ", except that".

95 STAT. 831 42 USC 4i5.

42 USC 402.

42 USC 433.

42 USC 4i5.

42 USC 403.

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 95 STAT. 832

PUBLIC LAW 97-35—AUG. 13, 1981

(7) Section 2170b)(l) of such Act is amended by inserting before the period at the end of the first sentence the following: ", and as modified by the application of section 215(a)(6)". 42 USC 402. (d)(1) Section 202(q)(4) of such Act is amended by striking out "increased" and "increase" each place they appear and inserting in lieu thereof "changed" and "change", respectively. (2) Section 202(q)(10) of such Act is amended in the matter preceding subparagraph (A) by striking out "increased", "increase", and "increases" each place they appear and inserting in lieu thereof "changed", "change", and "changes", respectively. Primary (e)(1) The Secretary of Health and Human Services shall recalcuinsurance late the primary insurance amounts applicable to— amounts, (A) beneficiaries whose benefits are based on a primary insurrecalculation. ance amount that was computed under section 215(a)(l)(C)(i)(I) of 42 USC 415 note. 42 USC 415. the Social Security Act, and (B) beneficiaries with average monthly wages of less than $76.00 and primary insurance benefits of less than $16.20 whose benefits are based on primary insurance amounts computed under section 215(a)(4) or section 215(a)(5) of such Act. (2) In the case of individuals to whom sections 215(a)(1) and 215(a)(4) of such Act as in effect after December 1978 do not apply, the Secretary shall recalculate the primary insurance amount computed under section 215 as in effect in December 1978 as though the individual had first become entitled in December 1978; except that— (A) the table in, or deemed to be in, the law as the result of the amendments made by subsection (c)(1) of this section shall be used in lieu of the table in effect in December 1978; (B) in the case of individuals who were born after January 1, 1913, the first sentence of section 2150t))(3) of the law as so in effect shall be deemed to read: "For purposes of paragraph (2), the number of an individual's elapsed years is the number of calendar years after 1950 (or, if later, after the year of attainment of age 21) and before 1961 or, if later, the earlier of the year in which such individual died or attained age 62."; (C) in the case of individuals who were born prior to January 2, 1913, the first sentence of section 215(b)(3) of the law as so in effect shall be deemed to read: "For purposes of paragraph (2), the number of an individual's elapsed years is the number of calendar years after 1950 and before 1961 or, if later, the earlier of the year in which such individual died or attained, in the case of a man (except as provided by section 104(j) of Public Law 42 USC 414 note. 92-603) age 65, or in the case of a woman, age 62.'; (D) section 215(b)(4) of the law as so in effect shall be disregarded; (E) section 215(d)(2)(C) of the law as so in effect shall be disregarded; (F) section 215(d)(4) of the law as so in effect shall be deemed, for purposes of such recalculation, to read: "(4) The provisions of this subsection as in effect in December 1977 (but without regard to paragraph (2)(C)) shall be applicable to individuals who became eligible for old-age or disability insurance benefits or died prior to 1978.'^; (G) in the case of individuals who became disabled, died, or attained age 65 prior to 1951, the Secretary shall by regulations provide an alternative computation in lieu of the computation provided by the law as so in effect (and modified by this paragraph); and 42 USC 417.

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95 STAT. 833

(H) in no event may the recalculated primary insurance amount exceed the primary insurance amount that is based on an average monthly wage of $76.00 or the primary insurance amount that is based on a primary insurance benefit of $16.20. (3) In the case of individuals to whom either section 215(a)(1) or (4) of such Act apply, the primary insurance amount shall be recal- 42 USC 415. culated under section 215 as in effect after December 1978; except that the table in or deemed to be in the law as a result of the amendments made by subsection (c)(1) of this section shall be used (where appropriate) in lieu of the table in effect in December 1978. (f) The first sentence of section 202(i) of such Act is amended by Post, p. 834. inserting after "primary insurance amount" the following: "(as determined without regard to the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981, relating to the Ante, p. 830. repeal of the minimum benefit provisions)". (g) Part A of title XVI of the Social Security Act is amended by adding at the end thereof the following new section: "BENEFITS FOR INDIVIDUALS FORMERLY RECEIVING MINIMUM BENEFITS UNDER TITLE II

"SEC. 1622. (a) Any individual who— "(1) is 60 years of age or older but has not attained the age of 65; "(2) would be an eligible individual or eligible spouse under section 1611 if such individual were 65 years of age; "(3) is not otherwise eligible for a benefit under section 1611; "(4) for the month of February 1982 was entitled to a monthly benefit under title II of this Act for which he made application prior to March 1, 1982, as determined without regard to any deductions on account of work required by section 203, which entitlement amount (as so determined) was reduced for any month by reason of the amendments made by section 2201 of the Omnibus Budget Reconciliation Act of 1981 (relating to the repeal of the minimum benefit provisions); and (5) is not entitled under title II to a monthly benefit, as determined without regard to any deductions on account of work required by section 203, in an amount equal to or greater than such entitlement amount (as so determined) for February 1982; shall be eligible for a benefit for each month in which he meets the requirements of this subsection in an amount determined under subsection (b) or (c). "(b) The amount of the monthly benefit payable under subsection (a) shall be the amount of the monthly benefit which would otherwise be payable to such individual under this title if he were 65 years of age; except that— "(1) the amount of such monthly benefit shall not exceed— "(A) in the case of an individual described in subsection (a) who does not have an eligible spouse, an amount equal to the amount by which such individual's monthly benefit entitlement under title II for such month as determined without regard to any deductions on account of work required by section 203, is less than the amount of such individual's monthly benefit entitlement under title II for February 1982 (as so determined); or "(B) in the case of an individual and his spouse, both of whom are individuals described in subsection (a), an amount equal to the amount by which the combined amount of their monthly benefit entitlements under title II for such month

42 USC I382k. 42 USC 1382. 42 USC 401. 42 USC 403.

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Page:United States Statutes at Large Volume 95.djvu/860

 95 STAT. 834 42 USC 401.

42 USC 1382f.

42 USC 403.

42 USC 1382e. Effective dates. 42 USC 1382k note. 42 USC 401.

42 USC 415.

PUBLIC LAW 97-35—AUG. 13, 1981 (as so determined), is less than the combined amount of their monthly benefit entitlements under title II for February 1982 (as so determined); "(2) the benefit amount shall be determined on the basis of the dollar amounts applicable under this title for February 1982 (without regard to cost-of-living adjustments made after February 1982 under section 1617) in the case of any individuals described in paragraph (1); and "(3) in the case of an individual described in subsection (a) who has a spouse eligible for benefits under this title, other than by reason of this section, the amount of such monthly benefit for such individual (described in subsection (a)) shall be determined under subsection (c), and the amount of the monthly benefit for such spouse shall be determined in the same manner as for an individual who does not have an eligible spouse. "(c) The amount of the monthly benefit for an individual described in subsection (b)(3) shall be an amount equal to the amount by which— "(1) the monthly benefit amount for which such individual and his spouse would be eligible for such month under this title if both he and his spouse were 65 years of age, determined on the basis of the dollar amounts applicable under this title for February 1982 (without regard to cost-of-living adjustments made after February 1982 under section 1617); exceeds "(2) the monthly benefit amount under this title for which his spouse is eligible for such month; except that the amount of such monthly benefit shall not exceed the amount by which such individual's monthly benefit entitlement under title II for such month, as determined without regard to deductions on account of work under section 203, is less than his monthly benefit entitlement under title II (as so determined) for February 1982. "(d) An individual who is entitled to a benefit under this section shall not be considered to be an individual receiving supplemental security income benefits under this title for purposes of section 1616 of this title or of any provision of law other than this title.". (h)(1) This section and the amendments made thereby shall be effective with respect to— (A) benefits payable for months after October 1981 in the case of individuals who initially become eligible for benefits under title II of the Social Security Act after October 1981; and (B) benefits payable for months after February 1982 in the case of all other individuals. (2) For purposes of this subsection, eligibility shall be determined in accordance with paragraphs (2)(A) and (3)(B) of section 215(a) of the Social Security Act. RESTRICTIONS ON THE LUMP-SUM DEATH PAYMENT

42 USC 402.

42 USC 416.

SEC. 2202. (a)(1) Section 202(i) of the Social Security Act is amended— (A) in the second sentence, by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: "(1) to a widow (as defined in section 216(c)) or widower (as defined in section 216(g)) who is entitled (or would have been so entitled had a timely application been filed), on the basis of the wages and self-employment income of such insured individual, to

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Page:United States Statutes at Large Volume 95.djvu/861

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 835

benefits under subsection (e), (f), or (g) of this section for the month in which occurred such individual's death; or "(2) if no person Qualifies for payment under paragraph (1), or if such person dies before receiving payment, in equal shares to each person who is entitled (or would have been so entitled had a timely application been filed), on the basis of the wages and selfemployment income of such insured individual, to benefits under subsection (d) of this section for the month in which occurred such individual's death."; and (B) in the third sentence, by striking out "(except a payment as authorized pursuant to clause (1)(A) of the preceding sentence)". (2)(A) Section 216(c) of such Act is amended by inserting "the first 42 USC 416. sentence o f before "section 202(i)". (B) Section 216(g) of such Act is amended by inserting "the first sentence of* before "section 202(i)". (b) The amendments made by subsection (a) shall apply only with Effective date. respect to deaths occurring after August 1981. 42 USC 402 note. PAYMENT OF CERTAIN BENEFFTS ONLY FOR MONTHS AFTER MONTH IN WHICH ENTITLEMENT CONDFTIONS ARE FULFILLED

SEC. 2203. (a) Section 202(a) of the Social Security Act is amended 42 USC 402. by striking out so much of the first sentence as follows paragraph (3) and inserting in lieu thereof the following: "shall be entitled to an old-age insurance benefit for each month, beginning with— "(A) in the case of an individual who has attained age 65, the first month in which such individual meets the criteria specified in parap-aphs (1), (2), and (3), or (B) in the case of an individual who has attained age 62, but has not attained age 65, the first month throughout which such individual meets the criteria specified in paragraphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)), and ending with the month preceding the month in which he dies.". (b)(1) Section 202(b)(l) of such Act is amended by striking out the matter that follows subparagraph (D) and precedes subparagraph (E) and inserting in lieu thereof the following: "shall (subject to subsection (s)) be entitled to a wife's insurance benefit for each month, beginning with— "(i) in the case of a wife or divorced wife (as so defined) of an individual entitled to old-age benefits, if such wife or divorced wife has attained age 65, the first month in which she meets the criteria specified in subparagraphs (A), (B), (C), and (D), or "(ii) in the case of a wife or divorced wife (as so defined) of— "(I) an individual entitled to old-age insurance benefits, if such wife or divorced wife has not attained age 65, or "(ID an individual entitled to disability insurance benefits, the first month throug:hout which she is such a wife or divorced wife and meets the criteria specified in subparagraphs (B), (C), and (D) (if in such month she meets the criterion specified in subparagraph (A)), whichever is earlier, and ending with the month preceding the month in which any of the following occurs—". (2) Section 216(b) of such Act is amended by adding at the end 42 USC 4i6. thereof the following new sentences: "For purposes of clause (2), a wife shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of her marriage to such individual. For purposes of

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Page:United States Statutes at Large Volume 95.djvu/862

 95 STAT. 836 42 USC 402.

42 USC 416.

42 USC 402.

42 USC 416.

PUBLIC LAW 97-35—AUG. 13, 1981 subparagraph (C) of section 202(b)(l), a divorced wife shall be deemed not to be married throughout the month in which she becomes divorced.". (c)(1) Section 202(c)(l) of such Act is amended by striking out the matter that follows subparagraph (C) and precedes the colon and inserting in lieu thereof the following: "shall be entitled to a husband's insurance benefit for each month, beginning with— "(i) in the case of a husband (as so defined) of an individual who is entitled to an old-age insurance benefit, if such husband has attained age 65, the first month in which he meets the criteria specified in subparagraphs (A), (B), and (C), or "(ii) in the case of a husband (as so defined) of— "(I) an individual entitled to old-age insurance benefits, if such husband has not attained age 65, or "(II) an individual entitled to disability benefits, the first month throughout which he is such a husband and meets the criteria specified in subparagraphs (B) and (C) (if in such month he meets the criterion specified in subparagraph (A)), whichever is earlier, and ending with the month preceding the month in which any of the following occurs". (2) Section 216(f) of such Act is amended by adding at the end thereof the following new sentence: "For purposes of clause (2), a husband shall be deemed to have been married to an individual for a period of one year throughout the month in which occurs the first anniversary of his marriage to her.". (d)(l) Section 202(d)(l) of such Act is amended by striking out so much of the first sentence as follows subparagraph (C) and precedes subparagraph (D) and inserting in lieu thereof the following: "shall be entitled to a child's insurance benefit for each month, beginning with— "(i) in the case of a child (as so defined) of such an individual who has died, the first month in which such child meets the criteria specified in subparagraphs (A), (B), and (C), or "(ii) in the case of a child (as so defined) of an individual entitled to an old-age insurance benefit or to a disability insurance benefit, the first month throughout which such child is a child (as so defined) and meets the criteria specified in paragraphs (B) and (C) (if in such month he meets the criterion specified in paragraph (A)), whichever is earlier, and ending with the month preceding whichever of the following first occurs—". (2) Section 202(d)(7) of such Act is amended by adding at the end of subparagraph (A) the following new sentence: 'An individual who is determined to be a full-time elementary or secondary school student shall be deemed to be such a student throughout the month with respect to which such determination is made.". (3) Section 216(e) of such Act is amended by adding at the end thereof the following new sentences: "For purposes of clause (2), a child shall be deemed to have been the stepchild of an individual for a period of one year throughout the month in which occurs the expiration of such one year. For purposes of clause (3), a person shall be deemed to have no natural or adoptive parent living (other than a parent who was under a disability) throughout the most recent month in which a natural or adoptive parent (not under a disability) dies.".

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 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 837

(4) Section 216(h) of such Act is amended by adding at the end of 42 USC 416. paragraph (3) the following new sentence: "For purposes of subparagraph (A)(i), an acknowledgement, court decree, or court order shall be deemed to have occurred on the first day of the month in which it actually occurred.". 94 Stat. 2263. (e) Section 226(a)(2) of such Act is amended— 42 USC 426. (1) by striking out "or" after "section 202,"; and (2) by inserting, immediately after "therefor)" the following: ", or would be entitled to such benefits but for the failure of another individual, who meets all the criteria of entitlement to monthlv insurance benefits, to meet such criteria throughout a month,'. (f)(1) The amendments made by subsections (a), (b), and (c) of this Effective dates. section shall apply only to monthly insurance benefits payable to 42 USC 402 note. individuals who attain age 62 after August 1981. (2) The amendments made by subsection (d) of this section shall apply to monthly insurance benefits for months after August 1981, and only in the case of individuals who were not entitled to such insurance benefits for August 1981 or any preceding month. (3) The amendments made by subsection (e) of this section shall 42 USC 426 note. apply only to individuals aged 65 and over whose insured spouse attains age 62 after August 1982. TEMPORARY EXTENSION OF EARNINGS LIMITATION TO INCLUDE ALL PERSONS AGED LESS THAN SEVENTY-TWO

SEC. 2204. (a) Notwithstanding subsection (e) of section 302 of the 42 USC 403 note. Social Security Amendments of 1977 (91 Stat. 1531; Public Law 95-216), the amendments made to section 203 of the Social Security 42 USC 403 note. Act by subsections (a) through (d) of such section 302 shall, except as 42 USC 403.. provided in subsection O> of this section, apply only with respect to t) monthly insurance benefits payable under title II of the Social 42 USC 401. Security Act for months after December 1982. (b) In the case of any individual whose first taxable year (as in effect on the date of the enactment of this Act) ending after December 31, 1981, begins before January 1, 1982, the amendments made by section 302 of the Social Security Amendments of 1977 shall apply with respect to taxable years beginning with such taxable year. TERMINATION OF MOTHER S AND FATHER S BENEFITS WHEN CHILD ATTAINS AGE SIXTEEN

S E C 2205. (a)(1) Section 202(s)(l) of the Social Security Act is 42 USC 402. amended by striking out "the age of 18" and inserting in lieu thereof "the age of 16". (2) The heading of section 202(s) of such Act is amended by striking out "Child Aged 18 or Over Attending School" and inserting in lieu thereof "Child Over Specified Age to be Disregarded for Certain Benefit Purposes Unless Disabled". Ob) The amendments made by subsection (a) shall apply with Effective date. respect to wife's and mother's insurance benefits for months after the 42 USC 402 note. month in which this Act is enacted; except that, in the case of an individual who is entitled to such a benefit (on the basis of having a child in her care) for the month in which this Act is enacted, such amendments shall not take effect until the first day of the first month which begins 2 years or more after the date of the enactment of this Act.

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Page:United States Statutes at Large Volume 95.djvu/864

 95 STAT. 838

PUBLIC LAW 97-35—AUG. 13, 1981 ROUNDING OF BENEFITS

42 USC 415.

SEC. 2206. (a) The text of section 215(g) of the Social Security Act is amended to read as follows: "(g) The amount of any monthly benefit computed under section 42 USC 402, 423, 202 or 223 which (after any reduction under sections 203(a) and 224 403, 424a. ^j^^j ^^y deduction under section 203(b), and after any deduction 42 USC 1395s. under section 1840(a)(l)) is not a multiple of $1 shall be rounded to the next lower multiple of $1.". 42 USC 402. (b)(1) Section 202(q)(8) of such Act is amended— (A) in the first sentence, by striking out "after application of section 215(g)" and inserting in lieu thereof "before application of section 215(g)"; and (B) in the last sentence, by striking out "reduced to the next lower" and inserting in lieu thereof "increased to the next higher". 42 USC 403. (2) Section 203(a)(1) of such Act is amended in the last sentence by striking out "increased to the next higher" and inserting in lieu thereof "decreased to the next lower". (3) Section 203(a)(3)(B)(iii) of such Act is amended in the parenthetical phrase immediately preceding the semicolon at the end thereof by striking out "higher" and inserting in lieu thereof "lower". (4) Section 203(a)(8) of such Act is amended by inserting at the end the following new sentence: "For purposes of the preceding sentence, the phrase 'rounded to the next higher multiple of $0.10', as it appeared in subsection (a)(2)(C) of this section as in effect in December 1978, shall be deemed to read 'rounded to the next lower multiple of $0.10'". 42 USC 415. (5) Section 215(a)(l)(A) of such Act is amended by striking out "rounded in accordance with subsection (g)," and inserting in lieu thereof "rounded, if not a multiple of $0.10, to the next lower multiple of$0.10,". (6) Section 215(i)(2)(A)(ii) of such Act is amended in the sentence immediately following subclause (III) by striking out "increased to the next higher" and inserting in lieu thereof "decreased to the next lower". (7) Section 215(i)(4) of such Act is amended by inserting before the period at the end of the first sentence the following: ", except that for this purpose, in applying paragraphs (2)(A)(ii), (2)(D)(iv), and (2)(D)(v) of this subsection as in effect in December 1978, the phrase 'increased to the next higher multiple of $0.10' shall be deemed to read 'decreased to the next lower multiple of $0.10' ". Effective date. (c) The amendments made by this section shall apply only with 42 USC 402 note, respect to initial calculations and adjustments of primary insurance amounts and benefit amounts which are attributable to periods after August 1981. REQUESTS FOR INFORMATION; COST REIMBURSEMENT

42 USC 1306.

SEC. 2207. Section 1106 of the Social Security Act is amended— (1) by striking out "as provided in part D of title IV of this Act" in the first sentence of subsection (a) and inserting in lieu thereof "as otherwise provided by Federal law"; and (2) by inserting after subsection (b) the following new subsection: "(c) Notwithstanding sections 552 and 552a of title 5, United States Code, or any other provision of law, whenever the Secretary determines that a request for information is made in order to assist a party

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Page:United States Statutes at Large Volume 95.djvu/865

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 839

in interest (as defined in section 3 of the Employee Retirement Income Security Act of 1974 (29 U.S.C. 1002)) with respect to the administration of an employee benefit plan (as so defined), or is made for any other purpose not directly related to the administration of the program or programs under this Act to which such information relates, the Secretary may require the requester to pay the full cost, as determined by the Secretary, of providing such information.". REDUCTION IN DISABILITY BENEFITS ON ACCOUNT OF OTHER RELATED P A Y M E N T S; E X T E N S I O N OF OF F S E T TO D I S A B L E D W O R K E R BENEFICIA-

RIES AGED 62 THROUGH 64 AND THEIR FAMIUES; CHANGE IN MONTH IN WHICH PAYMENTS ARE OFFSET

S E C 2208. (a) Section 224 of the Social Security Act is amended— 42 USC 424a. (1) in the caption, by striking out "ON ACCOUNT OF RECEIPT OF WORKMEN'S COMPENSATION";

(2) in subsection (a), in the matter preceding paragraph (1), by striking out "age of 62" and inserting in lieu thereof "age of 65; (3) by amending subsection (a)(2) to read as follows: "(2) such individual is entitled for such month to periodic benefits on account of such individual's total or partial disability (whether or not permanent) under— "(A) a workmen's compensation law or plan of the United States or a State, or "(B) any other law or plan of the United States, a State, a political subdivision (as that term is used in section 218(b)(2)), 42 USC 418. or an instrumentality of two or more States (as that term is used in section 218(k)), other than benefits payable under title 38, United States Code, benefits payable under a program of assistance which is based on need, benefits based on service all, or substantially all, of which was included under an agreement entered into by a State and the Secretary under section 218, and benefits under a law or plan of the United States based on service all or part of which is employment as defined in section 210,"; 42 USC 4io. (4) in subsection (a)(4), by striking out "the workmen's compensation law or plan" and inserting in lieu thereof "such laws or plans"; (5) in subsection (b), by striking out "under a workmen's compensation law or p l a n ' and inserting in lieu thereof "for a total or partial disability under a law or plan described in subsection (a)(2)"; (6) in subsection (d), by— (A) striking out "workmen's compensation law or plan" and inserting in lieu thereof "law or plan described in subsection (a)(2)", and (B) inserting before the period at the end thereof the following: ", and such law or plan so provided on February 18, 1981'^; (7) in subsection (e), by striking out "workmen's compensation"; and (8) by adding at the end thereof the following new subsection: "(h)(1) Notwithstanding any other provision of law, the head of any Federal agency shall provide such information within its possession as the Secretary may require for purposes of making a timely determination of the amount of the reduction, if any, required by this section in benefits payable under this title, or verifying other information necessary in carrying out the provisions of this section.

89-194 0—82

55:QL3

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Page:United States Statutes at Large Volume 95.djvu/866

 95 STAT. 840

Effective date. 42 USC 424a note. 42 USC 423.

PUBLIC LAW 97-35—AUG. 13, 1981 "(2) The Secretary is authorized to enter into agreements with States, political subdivisions, and other organizations that administer a law or plan subject to the provisions of this section, in order to obtain such information as he may require to carry out the provisions of this section.". (b) The amendments made by subsection (a) shall be effective with respect to individuals who first become entitled to benefits under section 223(a) of the Social Security Act for months beginning after the month in which this Act is enacted, but only in the case of an individual who became disabled within the meaning of section 223(d) of such Act after the sixth month preceding the month in which this Act is enacted. REIMBURSEMENT OF STATES FOR SUCCESSFUL REHABILITATION SERVICES

42 USC 422.

SEC. 2209. (a) Section 222(d) of the Social Security Act is amended to read as follows: "Costs of Rehabilitation Services From Trust Funds

42 USC 402.

I

Payments.

"(d)(1) For purposes of making vocational rehabilitation services more readily available to disabled individuals who are— "(A) entitled to disability insurance benefits under section 223, "(B) entitled to child's insurance benefits under section 202(d) after having attained age 18 (and are under a disability), "(C) entitled to widow's insurance benefits under section 202(e) prior to attaining age 60, or "(D) entitled to widower's insurance benefits under section 202(f) prior to attaining age 60, to the end that savings will accrue to the Trust Funds as a result of rehabilitating such individuals into substantial gainful activity, there are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund each fiscal year such sums as may be necessary to enable the Secretary to reimburse the State for the reasonable and necessary costs of vocational rehabilitation services furnished such individuals (including services during their waiting periods), under a State plan for vocational rehabilitation services approved under title I of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), which result in their performance of substantial gainful activity which lasts for a continuous period of nine months. The determination that the vocational rehabilitation services contributed to the successful return of such individuals to substantial gainful activity and the determination of the amount of costs to be reimbursed under this subsection shall be made by the Commissioner of Social Security in accordance with criteria formulated by him. "(2) In the case of any State which is unwilling to participate or does not have a plan which meets the requirements of paragraph (1), the Commissioner of Social Security may provide such services in such State by agreement or contract with other public or private agencies, organizations, institutions, or individuals. The provision of such services shall be subject to the same conditions as otherwise apply under paragraph (1). "(3) Payments under this subsection shall be made in advance or by way of reimbursement, with necessary adjustments for overpayments and underpayments. "(4) Money paid from the Trust Funds under this subsection for the reimbursement of the costs of providing services to individuals who

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Page:United States Statutes at Large Volume 95.djvu/867

 PUBLIC LAW 97-35—AUG. 13, 1981 are entitled to benefits under section 223 (including services during their waiting periods), or who are entitled to benefits under section 202(d) on the basis of the wages and self-employment income of such individuals, shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid from the Trust Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Secretary shall determine according to such methods and procedures as he may deem appropriate— "(A) the total amount to be reimbursed for the cost of services under this subsection, and "(B) subject to the provisions of the preceding sentence, the amount which should be charged to each of the Trust Funds. "(5) For purposes of this subsection the term 'vocational rehabilitation services' shall have the meaning assigned to it in title I of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), except that such services may be limited in type, scope, or amount in accordance with regulations of the Secretary designed to achieve the purpose of this subsection.". (b) The amendment made by subsection (a) shall apply with respect to services rendered on or after October 1, 1981.

95 STAT. 841 42 USC 423. 42 USC 402.

"Vocational rehabilitation services."

Effective date. 42 USC 422 note.

ELIMINATION OF CHILD S INSURANCE BENEFITS IN THE CASE OP CHILDREN AGE 18 THROUGH 22 WHO ATTEND POSTSECONDARY SCHOOLS

SEC. 2210. (a)(1) Section 202(d) of the Social Security Act is amended 42 USC 402. in paragraphs (1)(B), (l)(E)(ii), (l)(F)(i), (1)(G)(III), (6)(D)(i), (6)(E)(i), (7)(A) (three places), (7)(B), and (7)(D), by striking out "full-time student" each place it appears and inserting in lieu thereof "full-time elementary or secondary school student". (2)(A) Section 202(d) of such Act is further amended in paragraphs (7)(A) (two places), (7)(B) (three places), and (7)(D), by striking out "educational institution" each place it appears and inserting in lieu thereof "elementary or secondary school'. (B) Section 202(d)(7)(A) of such Act is further amended by striking out "institutions involved" and inserting in lieu thereof "schools involved". (3) Subparagraph (C) of section 202(d)(7) of such Act is amended to Definitions. read as follows: "(C)(i) An 'elementary or secondary school' is a school which provides elementary or secondary education, respectively, as determined under the law of the State or other jurisdiction in which it is located. "(ii) For the purpose of determining whether a child is a 'fulltime elementary or secondary school student' or 'intends to continue to be in full-time attendance at an elementary or secondary school', within the meaning of this subsection, there shall be disregarded any education provided, or to be provided, beyond grade 12.". (4) Section 202(d)(7)(D) of such Act is further amended by striking out "degree from a four-year college or university" and inserting in lieu thereof "diploma or equivalent certificate from a secondary school (as defined in subparagraph (C)(i))". (5)(A) Section 202(d) of such Act is further amended in paragraphs (IXBXi), (l)(F)(ii), (1)(G)(IV), (6)(D)(ii), (6)(E)(ii), and (7)(D) by striking out "22" each place it appears in each of those paragraphs and inserting in lieu thereof "19". (B) Section 202(d)(6)(A) of such Act is amended to read as follows:

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Page:United States Statutes at Large Volume 95.djvu/868

 95 STAT. 842

PUBLIC LAW 97-35—AUG. 13, 1981

"(A)(i) is a full-time elementary or secondary school student and has not attained the age of 19, or (ii) is under a disability (as 42 USC 423. defined in section 223(d)) and has not attained the age of 22, or". Effective date. (b) Except as provided in subsection (c), the amendments made by 42 USC 402 note, gubgection (a) shall apply to child's insurance benefits under section 42 USC 402. 202(d) of the Social Security Act for months after July 1982. 42 USC 402 note. (c)(1) Notwithstanding the provisions of section 202(d) of the Social Security Act (as in effect prior to or after the amendments made by subsection (a)), any individual who— (A) has attained the age of 18; (B) is not under a disability (as defined in section 223(d) of such Act); (C) is entitled to a child's insurance benefit under such section 202(d) for August 1981; and (D) is a full-time student at a postsecondary school, college, or university that is an educational institution (as such terms are defined in section 202(d)(7)(A) and (C) of such Act as in effect prior to the amendments made by subsection (a)) for any month prior to May 1982; shall be entitled to a child's benefit under section 202(d) of such Act in accordance with the provisions of such section as in effect prior to the amendments made by subsection (a) for any month after July 1981 and prior to August 1985 if such individual would be entitled to such child's benefit for such month under such section 202(d) if subsections (a) and (b) of this section had not been enacted, but such benefits shall be subject to the limitations set forth in this subsection. (2) No benefit described in paragraph (1) shall be paid to an individual to whom paragraph (1) applies for the months of May, June, July, and August, beginning with benefits otherwise payable for May 1982. (3) The amount of the monthly benefit payable under paragraph (1) to an individual to whom paragraph (1) applies for any month after July 1982 (prior to deductions on account of work required by section 203 of such Act) shall not exceed the amount of the benefit to which such individual was entitled for August 1981 (prior to deductions on 42 USC 403. account of work required by section 203 of such Act), less an amount— (A) during the months after July 1982 and before August 1983, equal to 25 percent of such benefit for August 1981; (B) during the months after July 1983 and before August 1984, equal to 50 percent of such benefit for August 1981; and (C) during the months after July 1984 and before August 1985, equal to 75 percent of such benefit for August 1981. (4) Any individual to whom the provisions of paragraph (1) apply and whose entitlement to benefits under paragraph (1) ends after July 1982 shall not subsequently become entitled, or reentitled, to benefits under paragraph (1) or under section 202(d) of the Social Security Act as in effect after the amendments made by subsection (a) unless he meets the requirements of section 202(d)(l)(B)(ii) of that Act as so in effect.

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Page:United States Statutes at Large Volume 95.djvu/869

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 843

TITLE XXIII—PUBLIC ASSISTANCE PROGRAMS Subtitle A—Aid to Families With Dependent Children; Child Support Enforcement CHAPTER 1—AID TO FAMILIES WITH DEPENDENT CHILDREN DISREGARDS FROM EARNED INCOME FOR AFDC

SEC. 2301. Section 402(a)(8) of the Social Security Act is amended to 42 USC 602. read as follows: "(8)(A) provide that, with respect to any month, in making the determination under paragraph (7), the State agency— Post, p. 844. "(i) shall disregard all of the earned income of each dependent child receiving aid to families with dependent children who is (as determined by the State in accordance with standards prescribed by the Secretary) a full-time student or a part-time student who is not a full-time employee attending a school, college, or university, or a course of vocational or technical training designed to fit him for gainful employment; "(ii) shall disregard from the earned income of any child or relative applying for or receiving aid to families with dependent children, or of any other individual (living in the same home as such relative and child) whose needs are taken into account in making such determination, the first $75 of the total of such earned income for such month (or such lesser amount as the Secretary may prescribe in the case of an individual not engaged in full-time employment or not employed throughout the month); "(iii) shall disregard from the earned income of any child, relative, or other individual specified in clause (ii), an amount equal to expenditures for care in such month for a dependent child, or an incapacitated individual living in the same home as the dependent child, receiving aid to families with dependent children and requiring such care for such month, to the extent that such amount (for each such dependent child or incapacitated individual) does not exceed $160 (or such lesser amount as the Secretary may prescribe in the case of an individual not engaged in full-time employment or not employed throughout the month); and "(iv) shall disregard from the earned income of any child or relative receiving aid to families with dependent children, or of any other individual (living in the same home as such relative and child) whose needs are taken into account in making such determination, an amount equal to the first $30 of the total of such earned income not already disregarded under the preceding provisions of this paragraph plus onethird of the remainder thereof (but excluding, for purposes of this subparagraph, earned income derived from participation on a project maintained under the programs established by section 432(b)(2) and (3)); and 42 USC 632. "(B) provide that (with respect to any month) the State agency—

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Page:United States Statutes at Large Volume 95.djvu/870

 95 STAT. 844

PUBLIC LAW 97-35—AUG. 13, 1981 "(i) shall not disregard, under clause (ii), (iii), or (iv) of subparagraph (A), any earned income of any one of the persons specified in subparagraph (A)(ii) if such person— "(I) terminated his employment or reduced his earned income without good cause within such period (of not less than thirty days) preceding such month as may be prescribed by the Secretary; "(II) refused without good cause, within such period preceding such month as may be prescribed by the Secretary, to accept employment in which he is able to engage which is offered through the public employment offices of the State, or is otherwise offered by an employer if the offer of such employer is determined by the State or local agency administering the State plan, after notification by the employer, to be a bona fide offer of en^lo3niient; or "(in) failed without good cause to make a timely report (as prescribed by the State plan pursuant to paragraph (14)) to the State agency of earned income received in such month; and "(iiXD shall not disregard, under subparagraph (A)(iv), any earned income of any of the persons specified in subparagraph (A)(ii), if, with respect to such month, the income of the persons so specified was in excess of their need, as determined by the State agency pursuant to paragraph (7) (without regard to subparagraph (A)(iv) of this paragraph), unless the persons received aid under the plan in one or more of the four months preceding such month and subparagraph (A)(iv) has not already been applied to their income for four consecutive months while they were receiving aid under the plan; and "(II) in the case of the earned income of a person with respect to whom subparagraph (A)(iv) has been applied for four consecutive months, shall not apply the provisions of subparagraph (A)(iv) for so long as he continues to receive aid under the plan and shall not apply such provisions to any month thereafter until the expiration of an additional period of twelve consecutive months during which he is not a recipient of such aid;". DETERMINATION OF INCOME AND RESOURCES FOR AFDC

42 USC 602.

SEC. 2302. Section 402(a)(7) of the Social Security Act is amended to read as follows: "(7) except as may be otherwise provided in paragraph (8) or (31), provide that the State agency— "(A) shall, in determining need, take into consideration any other income and resources of any child or relative claiming aid to families with dependent children, or of any other individual (living in the same home as such child and relative) whose needs the State determines should be considered in determining the need of the child or relative claiming such aid; (B) shall determine ineligible for aid any family the combined value of whose resources (reduced by any obligations or debts with respect to such resources) exceeds $1,000 or such lower amount as the State may determine, but not including as a resource for purposes of this subparagraph a

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Page:United States Statutes at Large Volume 95.djvu/871

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 845

home owned and occupied by such child, relative, or other individual and so much of the family member's ownership interest in one automobile as does not exceed such amount as the Secretary may prescribe; and "(C) may, in the case of a family claiming or receiving aid under this part for any month, take into consideration as income (to the extent the State determines appropriate, as specified in such plan, and notwithstanding any other provision of law)— "(i) an amount not to exceed the value of the family's monthly allotment of food stamp coupons, to the extent such value duplicates the amount for food included in the maximum amount that would be payable under the State plan to a family of the same composition with no other income; and "(ii) an amount not to exceed the value of any rent or housing subsidy provided to such family, to the extent such value duplicates the amount for housing included in the maximum amount that would be payable under the State plan to a family of the same composition with no other income;". INCOME LIMIT FOR AFDC ELIGIBILITY

SEC. 2303. Section 402(a) of the Social Security Act is amended by 42 USC 602. inserting before paragraph (19) the following new paragraph: "(18) provide that no family shall be eligible for aid under the plan for any month if, for that month, the total income of the family (other than payments under the plan), without application of paragraph (8), exceeds 150 percent of the State's standard Ante, p. 843. of need for a family of the same composition;". TREATMENT OF INCOME IN EXCESS OF THE STANDARD OF NEED; LUMP SUM PAYMENTS

SEC. 2304. Section 402(a) of the Social Security Act is amended by inserting after paragraph (16) the following new paragraph: "(17) provide that if a person specified in paragraph (8)(A)(i) or (ii) receives in any month an amount of income which, together with all other income for that month not excluded under paragraph (8), exceeds the State's standard of need applicable to the family of which he is a member— "(A) such amount of income shall be considered income to such individual in the month received, and the family of which such person is a member shall be ineligible for aid under the plan for the whole number of months that equals (i) the sum of such amount and all other income received in such month, not excluded under paragraph (8), divided by (ii) the standard of need applicable to such family, and "(B) any income remaining (which amount is less than the applicable monthly standard) shall be treated as income received in the first month following the period of ineligibility specified in subparagraph (A);". TREATMENT OF EARNED INCOME ADVANCE AMOUNT UNDER AFDC

SEC. 2305. Section 402(d)(1) of the Social Security Act is amended to read as follows:

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Page:United States Statutes at Large Volume 95.djvu/872

 95 STAT. 846

26 USC 3507.

PUBLIC LAW 97-35-AUG. 13, 1981 "(1) For purposes of this part, an individual's 'income' shall also include, to the extent and under the circumstances prescribed by the Secretary, an amount (which shall be treated as earned income for purposes of this part) equal to the earned income advance amount (under section 3507(a) of the Internal Revenue Code of 1954) that is (or, upon the filing of an earned income eligibility certificate, would be) payable to such individual.". INCOME OF STEPPARENTS LIVING WITH DEPENDENT CHILD

42 USC 602.

Ante, p. 844.

42 USC 612. Supra.

SEC. 2306. (a) Section 402(a) of the Social Security Act is amended— (1) by striking out "and" at the end of paragraph (29); (2) by striking out the period at the end of paragraph (30) and inserting in lieu thereof"; and"; and (3) by adding after paragraph (30) the following new paragraph: "(31) provide that, in making the determination for any month under paragraph (7), the State agency shall take into consideration so much of the income of the dependent child's stepparent living in the same home as such child as exceeds the sum of (A) the first $75 of the total of such stepparent's earned income for such month (or such lesser amount as the Secretary may prescribe in the case of an individual not engaged in fulltime employment or not employed throughout the month), (B) the State's standard of need under such plan for a family of the same composition as the stepparent and those other individuals living in the same household as the dependent child and claimed by such stepparent as dependents for purposes of determining his Federal personal income tax liability but whose needs are not taken into account in making the determination under paragraph (7), (C) amounts paid by the stepparent to individuals not living in such household and claimed by him as dependents for purposes of determining his Federal personal income tax liability, and (D) payments by such stepparent of alimony or child support with respect to individuals not living in such household.". (b) Section 412(b) of the Social Security Act is amended by striking out "does not include any such relative" and inserting in lieu thereof "does not include a stepparent whose income is taken into consideration under section 402(a)(31) (regardless of whether such income exceeds the sum specified in such section) or any other such relative". COMMUNITY WORK EXPERIENCE PROGRAMS

42 USC 609.

SEC. 2307. (a) Section 409 of the Social Security Act is amended to read as follows: "COMMUNITY WORK EXPERIENCE PROGRAMS

"SEC. 409. (a)(1) Any State which chooses to do so may establish a community work experience program in accordance with this section. The purpose of the community work experience program is to provide experience and training for individuals not otherwise able to obtain employment, in order to assist them to move into regular employment. Community work experience programs shall be designed to improve the employability of participants through actual work experience and training and to enable individuals employed under community work experience programs to move promptly into regular

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Page:United States Statutes at Large Volume 95.djvu/873

 PUBLIC LAW 97-35—AUG. 13, 1981 public or private employment. The facilities of the State public employment offices may be utilized to find employment opportunities for recipients under this program. Community work experience programs shall be limited to projects which serve a useful public purpose in fields such as health, social service, environmental protection, education, urban and rural development and redevelopment, welfare, recreation, public facilities, public safety, and day care. To the extent possible, the prior training, experience, and skills of a recipient shall be utilized in making appropriate work experience assignments. A community work experience program established under this section shall provide— "(A) appropriate standards for health, safety, and other conditions applicable to the performance of work; "(B) that the program does not result in displacement of persons currently employed, or the filling of established unfilled position vacanies; "(C) reasonable conditions of work, taking into account the geographic region, the residence of the participants, and the proficiency of the participants; "(D) that participants will not be required, without their consent, to travel an unreasonable distance from their homes or remain away from their homes overnight; "(E) that the maximum number of hours in any month that a participant may be required to work is that number which equals the amount of aid payable with respect to the family of which such individual is a member under the State plan approved under this part, divided by the greater of the Federal or the applicable State minimum wage; and '(F) that provision will be made for transportation and other costs, not in excess of an amount established by the Secretary, reasonably necessary and directly related to participation in the program. "(2) Nothing contained in this section shall be construed as authorizing the payment of aid under this part as compensation for work performed, nor shall a participant be entitled to a salary or to any other work or training expense provided under any other provision of law by reason of his participation in a program under this section. "(3) Nothing in this part or part C, or in any State plan approved under this part, shall be construed to prevent a State from operating (on such terms and conditions and in such cases as the State may find to be necessary or appropriate, whether or not such terms, conditions, and cases are consistent with section 402(a)(19) or part (O) a community work experience program in accordance with this section. ' (b)(1) Each recipient of aid under the plan who is registered under section 402(a)(19) shall participate, upon referral by the State agency, in a community work experience program unless such recipient is currently employed for no fewer than 80 hours a month and is earning an amount not less than the applicable minimum wage for such employment. "(2) In addition to an individual described in paragraph (1), the State agency may also refer, for participation in programs under this section, an individual who would be required to register under section 402(a)(19XA) but for the exception contained in clause (v) of such section (but only if the child for whom the parent or relative is caring is not under the age of three and child care is available for such child), or in clause (iii) of such section. "(3) The chief executive officer of the State shall provide coordination between a community work experience program operated pursu-

95 STAT. 847

42 USC 630.

42 USC 602. Aid recipients,

Post, p. 854.

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Page:United States Statutes at Large Volume 95.djvu/874

 95 STAT. 848

PUBLIC LAW 97-35—AUG. 13, 1981

ant to this section and the work incentive program operated pursuant 42 USC 630. to part C so as to insure that job placement will have priority over participation in the community work experience program, and that individuals eligible to participate in both such programs are not denied aid under the State plan on the grounds of failure to participate in one such program if they are actively and satisfactorily participating in the other. The chief executive officer of the State may provide that part-time participation in both such programs may be required where appropriate. Post, p. 854. "(c) The provisions of section 402(a)(19KF) shall apply to any individual referred to a community work experience program who fails to participate in such program in the same manner as they apply to an individual to whom section 402(a)(19) applies. "(d) In the case of any State which makes expenditures in the form described in subsection (a) under its State plan approved under section 402, expenditures for the proper and efficient administration of the State plan, for purposes of section 403(aK3), may not include the cost of making or acquiring materials or equipment in connection with the work performed under a program referred to in subsection (a) or the cost of supervision of work under such program, and may include only such other costs attributable to such programs as are permitted by the Secretary.". 42 USC 603. (b) Section 403(aK3) of such Act is amended by inserting before the semicolon at the end thereof the following: ", or which is a service provided in connection with a community work experience program Ante, p. 846, or work Supplementation program under section 409 or 414". p''^^, (c) Section 204(c)(2) of the Social Security Amendments of 1967 ?2 ulc 609 note. ^P^blic Law 90-248) is repealed. PROVIDING JOBS AS ALTERNATIVE TO AFDC

SEC. 2308. Part A of title IV of the Social Security Act is amended by adding at the end thereof the following new section: " W O R K SUPPLEMENTATION PROGRAM

42 USC 614.

42 USC 606.

42 USC 630.

42 USC 602.

"SEC. 414. (a) It is the purpose of this section to allow a State to institute a work supplementation program under which such State, to the extent such State determines to be appropriate, may make jobs available, on a voluntary basis, as an alternative to aid otherwise provided under the State plan approved under this part. "(b)(1) Notwithstanding the provisions of section 406 or any other provision of law. Federal funds may be paid to a State under this part, subject to the provisions of this section, with respect to expenditures incurred in operating a work supplementation program under this section. "(2) Nothing in this part or part C, or in any State plan approved under this part, shall be construed to prevent a State from operating (on such terms and conditions and in such cases as the State may find to be necessary or appropriate, whether or not such terms, conditions, and cases are consistent with section 402(a)(19) or part C) a work supplementation program in accordance with this section. (3) Notwithstanding section 402(a)(23) or any other provision of law, a State may adjust the levels of the standards of need under the State plan as the State determines to be necessary and appropriate for cariying out a work supplementation program under this section. "(4) iVotwithstanding section 402(a)(1) or any other provision of law, a State operating a work supplementation program under this

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Page:United States Statutes at Large Volume 95.djvu/875

 PUBLIC LAW 97-35—AUG. 13, 1981 section may provide that the needs standards in effect in those areas of the State in which such program is in operation may be different from the needs standards in effect in the areas in which such program is not in operation, and such State may provide that the needs standards for categories of recipients of aid may vary among such categories as the State determines to be appropriate on the basis of ability to participate in the work supplementation program. "(5) Notwithstanding any other provision of law, a State may make further adjustments in the amounts of aid paid under the plan to different categories of receipients (as determined under paragraph (4)) in order to offset increases in benefits from needs related programs (other than the State plan approved under this part) as the State determines to be necessary and appropriate to further the purposes of the work supplementation program. "(6) Notwithstanding section 402(a)(8) or any other provision of law. a State operating a work supplementation program under this section may reduce or eliminate the amount of earned income to be disregarded under the State plan as the State determines to be necessary and appropriate to further the purposes of the work supplementation program. "(c)(1) A work supplementation program operated by a State under this section shall provide that any individual who is an eligible individual (as determined under paragraph (2)) may choose to take a supplemented job (as defined in paragraph (3)) to the extent supplemented jobs are available under the program. Payments by the State to individuals or to employers under the program shall be expenditures incurred by the State for aid to families with dependent children, except as limited by subsection (d). "(2) For purposes of this section, an eligible individual is an individual who is in a category which the State determines shall be eligible to participate in the work supplementation program, and who would, at the time of his placement in such job, be eligible for assistance under the State plan if such State did not have a work supplementation program in effect and had not altered its State plan accordingly, as such State plan was in effect in May 1981, or as modified thereafter as required by Federal law. "(3) For purposes of this section, a supplemented job is— "(A) a job position provided to an eligible individual by the State or local agency administering the State plan under this part; "(B) a job position provided to an eligible individual by a public or nonprofit entity for which all or part of the wages are paid by such State or local agency; or "(C) a job position provided to an eligible individual by a proprietary entity involving the provision of child day care services for which all or part of the wages are paid by such State or local agency, but only if such entity does not claim a credit for any part of the wages paid to such eligible individual under section 40 of the Internal Revenue Code of 1954 (relating to credit for expenses of the work incentive program) or section 44B of such Code (relating to credit for employment of certain new employees). A State may provide or subsidize any job position under the program as such State determines to be appropriate, but acceptance of any such position shall be voluntary. "(d) The amount of the Federal payment to a State under section 403 for any quarter for expenditures incurred in operating a work

95 STAT. 849

Ante, p. 843.

Work supplementation P'^'^S^^™

26 USC 40. 26 USC 44B.

42 USC 603.

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Page:United States Statutes at Large Volume 95.djvu/876

 95 STAT. 850

42 USC 603.

42 USC 602. Ante, p. 846.

42 USC 1396. 42 USC 630.

PUBLIC LAW 97-35—AUG. 13, 1981 supplementation program shall not exceed an amount equal to the difference between— "(1) the amount which would have been paid under section 403 to such State for such quarter under the State plan if it did not have a work supplementation program in effect and had not altered its State plan accordingly, as such State plan was in effect in May 1981, or as modified thereafter as required by Federal law; and "(2) the amount paid to such State under section 403 for such quarter exclusive of the amount so paid for such quarter for the work supplementation program. "(e)(1) Nothing in this section shall be construed as requiring a State or local agency administering the State plan to provide employee status to any eligible individual to whom it provides a job position under the work supplementation program, or with respect to whom it provides all or part of the wages paid to such individual by another entity under such program. "(2) Nothing in this section shall be construed as requiring such State or local agency to provide that eligible individuals filling job positions provided by other entities under such program be provided employee status by such entity during the first 13 weeks during which they fill such position. "(3) Wages paid under a work supplementation program shall be considered to be earned income for purposes of any provision of law. "(f) Any work supplementation program operated by a State shall be administered by— "(1) the agency designated to administer or supervise the administration of the State plan under section 402(a)(3); or "(2) the agency (if any) designated to administer the community work experience program under section 409. "(g) Any State which chooses to operate a work supplementation program under this section may choose to provide that any individual who participates in such program, and any child or relative of such individual (or other individual living in the same household as such individual) who would be eligible for aid under the State plan approved under this part if such State did not have a work supplementation program, shall be considered individuals receiving aid under the State plan approved under this part for purposes of eligibility for medical assistance under the State plan approved under title XIX. "(h) No individual receiving a grant under the State plan shall be excused, by reason of the fact that such State has a work supplementation program, from any requirement of this part or part C relating to work requirements.". WORK INCENTIVE DEMONSTRATION PROGRAM

SEC. 2309. Part C of title IV of the Social Security Act is amended by adding at the end thereof the following new section: " W O R K INCENTIVE DEMONSTRATION PROGRAM

42 USC 645. 42 USC 601.

"SEC. 445. (a) Notwithstanding any other provision of this part and part A of this title, any State may elect as an alternative to the work incentive program otherwise provided in this part, and subject to the provisions of this section, to operate a work incentive demonstration program for the purpose of demonstrating single agency administra-

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Page:United States Statutes at Large Volume 95.djvu/877

 PUBLIC LAW 97-35—AUG. 13, 1981

95 STAT. 851

tion of the work-related objectives of this Act, and to receive payments under the provisions of this section. "(b)(1) Not later than sixty days following the date of the enactment of this section, the Governor of a State which desires to operate a work incentive demonstration program under this section shall submit to the Secretary of Health and Human Services a letter of application stating such intent. Acompanying the letter of applica- State program plan. tion shall be a State program plan which must— "(A) provide that the agency conducting the demonstration program within the State shall be the single State agency which administers or supervises the administration of the State plan under part A of this title; "(B) provide that all persons eligible for or receiving assistance under the aid to families with dependent children program shall be eligible to participate in, and shall be required to participate in, the work incentive demonstration program, subject to the same criteria for participation in such demonstration program as are in effect under this part and part A during the month before 42 USC 601. the month in which the demonstration program commences; "(C) provide that the criteria for participation in the work incentive demonstration program shall be uniform throughout the State; "(D) provide a statement of the objectives which the State expects to meet through operation of a work incentive demonstration program, with emphasis on how the State expects to maximize client placement in nonsubsidized private sector employment; ' (E) describe the techniques to be used to achieve the objectives of the work incentive demonstration program, which may include but shall not be limited to: maximum periods of participation, job training, job find clubs, grant diversion to either public or private sector employers, services contracts with State employment services, prime sponsors under the Comprehensive Employment and Training Act of 1973, or private placement 29 USC 801 note, agencies, targeted jobs tax credit outreach campaigns, and performance-based placement incentives; and "(F) set forth the format and frequency of reporting of information regarding operation of the work incentive demonstration program. "(2) A State's application to participate in the work incentive Disapproval demonstration program shall be deemed approved unless the Secre- notification. tary of Health and Human Services notifies the State in writing of disapproval within forty-five days of the date of application. The Secretary of Health and Human Services shall set forth the reasons for disapproval and provide an opportunity for resubmission of the plan within forty-five days of the receipt of the notice of disapproval. An application shall not be finally disapproved unless the Secretary of Health and Human Services determines that the State's program plan would be less effective than the requirements set forth in this title, other than this section. "(3) The Secretary of Health and Human Services shall furnish Copies to Labor copies of approved plans, statistical reports, and evaluation reports to Secretary. the Secretary of Labor. "(c) Subject to the statement of objectives and description of techniques to be used in implementing its work incentive demonstration program, as set forth in its program plan, a State shall be free to design a program which best addresses its individual needs, makes best use of its available resources, and recognizes its labor market

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