text:
Page:United States Statutes at Large Volume 98 Part 1.djvu/1190

 98 STAT. 1142

42 USC 602.

PUBLIC LAW 98-369—JULY 18, 1984

"except that no recovery need be attempted or carried out under subparagraph (B) in any case, other than a case involving fraud on the part of the recipient, where (as determined by the State agency in accordance with criteria for determining costeffectiveness, and with dollar limitations, which shall be prescribed by the Secretary in regulations) the cost of recovery would equal or exceed the amount of the overpayment involved;". (b) Section 402(a)(22)(A) of such Act is amended by inserting after "current recipient of such aid" the following: "(including a current recipient whose overpayment occurred during a prior period of eligibility)". EXCEPTIONS TO REQUIREMENTS FOR PROTECTIVE PAYMENTS

SEC. 2634. (a) Section 402(a)(19)(F)(i) of the Social Security Act is amended by striking out "will be made" and inserting in lieu thereof "will be made unless the State agency, after making reasonable efforts, is unable to locate an appropriate individual to whom such payments can be made". (b) Section 402(a)(26)(B) of such Act is amended by inserting before the semicolon at the end thereof the following: "unless the State agency, after making reasonable efforts, is unable to locate an appropriate individual to whom such payments can be made". ELIGIBILITY REQUIREMENTS FOR ALIENS

42 USC 615.

SEC. 2635. Section 415(c)(1) of the Social Security Act is amended by striking out "Any individual" and all that follows down through "be required to provide" where it first appears and inserting in lieu thereof the following: "Any individual who is an alien and whose sponsor was a public or private agency shall be ineligible for aid under a State plan approved under this part during the period of three years after his or her entry into the United States, unless the State agency administering such plan determines that such sponsor either no longer exists or has become unable to meet such individual's needs; and such determination shall be made by the State agency based upon such criteria as it may specify in the State plan, and upon such documentary evidence as it may therein require. Any such individual, and any other individual who is an alien (as a condition of his or her eligibility for aid under a State plan approved under this part during the period of three years after his or her entry into the United States), shall be required to provide". PROVISION BY STATE AGENCIES OF INFORMATION REGARDING FUGITIVE FELONS

42 USC 602.

SEC. 2636. Section 402(a)(9) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: "; but such safeguards shall not prevent the State agency or the local agency responsible for the administration of the State plan in the locality (whether or not the State has enacted legislation allowing public access to Federal welfare records) from furnishing a State or local law enforcement officer, upon his request, with the current address of any recipient if the officer furnishes the agency with such recipient's name and social security account number and satisfactorily demonstrates that such recipient is a fugitive felon, that the

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location or apprehension of such felon is within the officer's official duties, and that the request is made in the proper exercise of those duties". PAYMENT SCHEDULE FOR REIMBURSEMENT OF CERTAIN BACK CLAIMS DUE THE STATES

SEC. 2637. The payment schedule contemplated by section 136 of Public Law 97-276 for reimbursement of expenditures described in 96 Stat. 1197. that section is hereby established as follows: (1) For expenditures identified in the decree entered by the United States District Court for the District of Columbia on July 21, 1983, in the case of State of Connecticut v. Heckler, No. 81-2237, and allowed by the Secretary of Health and Human Services prior to the date of the enactment of this Act, payment shall be made, by supplemental grant award or otherwise, within 30 days after the date of the enactment of this Act; and (2) for any other expenditure described in such section 136 which was identified in such decree or in any other decree entered by a Federal court in a suit (with respect to such an expenditure) filed prior to September 30, 1982, payment shall be made, by supplemental grant award or otherwise, as soon as the expenditure or portion thereof involved is finally determined by the Secretary to be an allowable claim under the substantive ' •" provisions of the applicable title of the Social Security Act. 42 USC 1305. MODIFICATION OF REQUIREMENTS FOR WORK SUPPLEMENTATION PROGRAM

SEC. 2638. (a)(1) Section 414(b)(6) of the Social Security Act is 42 USC 614. amended— (A) by inserting "(A)" before "may"; and (B) by inserting ", and (B) during one or more of the first nine months of an individual's employment pursuant to a program ' DBU 2I under this section, may apply to the wages of the individual the provisions of section 402(a)(8)(A)(iv) without regard to the provi- 42 USC 602. sions of (B)(iiXII) of such section" before the period. (2) Section 414(c)(3) of such Act is amended— (A) by inserting "or" after the semicolon in subparagraph (A); (B) by striking out "a public or nonprofit entity" in subparagraph (B) and inserting in lieu thereof "any other employer"; (C) by striking out "; or" in subparagraph (B) and inserting in lieu thereof a period; and (D) by striking out subparagraph (C). (3) Section 414(d) of such Act is amended— (A) by striking out "for any quarter for expenditures incurred in operating" and inserting in lieu thereof "for expenditures incurred in making payments to individuals and employers under"; and (B) by striking out all after "equal to the" and inserting in ' 'lieu thereof "amount which would otherwise be payable under such section if the family of each individual employed in the program established in such State under this section had received the maximum amount of aid payable under the State plan to such a family with no income (without regard to adjustments under subsection (b) of this section) for a period of months equal to the lesser of (1) nine months, or (2) the number

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


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 98 STAT. 1144

42 USC 614. 26 USC 51.

PUBLIC LAW 98-369—JULY 18, 1984

of months in which such individual wsis employed in such program.". (4) Section 414(h) of such Act is amended by inserting "(except during any period in which such individual is employed under such work supplementation program)" before the period. (b) Section 51(c)(2) of the Internal Revenue Code of 1954 is amended to read as follows: "(2) ON-THE-JOB TRAINING AND WORK SUPPLEMENTATION PAYMENTS.— "(A) EXCLUSION FOR EMPLOYERS RECEIVING ON-THE-JOB TRAINING PAYMENTS.—The term 'wages' shall not include

any amounts paid or incurred by an employer for any period to any individual for whom the employer receives federally funded payments for on-the-job training of such individual for such period. "(B)

42 USC 614. Effective date. 42 USC 614 note, 26 USC 51 note.

REDUCTION FOR WORK SUPPLEMENTATION PAYMENTS

TO EMPLOYERS.—The amount of wages which would (but for this subparagraph) be qualified wages under this section for an employer with respect to an individual for a taxable year shall be reduced by an amount equal to the amount of the payments made to such employer (however utilized by such employer) with respect to such individual for such taxable year under a program established under section 414 of the Social Security Act.". (c)(1) The amendments made by subsection (a) shall become effective On the date of the enactment of this Act. (2) The amendments made by subsection (b) shall apply with respect to payments made on or after the date of the enactment of this Act. 3-YEAR E X T E N S I O N OF PROVISIONS FOR DISREGARDING IN-KIND ASSISTANCE

42 USC 602.

42 USC 1382a.

SEC. 2639. (a) Section 402(a)(36) of the Social Security Act is amended to read as follows: "(36) provide, at the option of the State, that in making the determination for any month under paragraph (7), the State agency shall not include as income any support or maintenance assistance furnished to or on behalf of the family which (as determined under regulations of the Secretary by such State agency as the chief executive officer of the State may designate) is based on need for such support and maintenance, including assistance received to assist in meeting the costs of home energy (including both heating and cooling), and which is (A) assistance furnished in kind by a private nonprofit agency, or (B) assistance furnished by a supplier of home heating oil or gas, by an entity whose revenues are primarily derived on a rate-of-return basis regulated by a State or Federal governmental entity, or by a municipal utility providing home energy.". (b) Section 1612(b)(13) of such Act is amended to read as follows: "(13) any support or maintenance assistance furnished to or on behalf of such individual (and spouse if any) which (as determined under regulations of the Secretary by such State agency as the chief executive officer of the State may designate) is based on need for such support or maintenance, including assistance received to assist in meeting the costs of home energy (including both heating and cooling), and which is (A) assistance

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furnished in kind by a private nonprofit agency, or (B) assistance furnished by a supplier of home heating oil or gas, by an entity providing home energy whose revenues are primarily derived on a rate-of-return basis regulated by a State or Federal governmental entity, or by a municipal utility providing home energy.". (c)(1) Section 545 of the Surface Transportation Assistance Act of 1982 is amended by striking out subsections (a), (b), and (c). (2) Section 404 of the Social Security Amendments of 1983 is repealed. (d) The amendments made by this section shall be effective with respect to months which begin after September 30, 1984; but sections 402(a)(36) and 1612(b)(13) of the Social Security Act (as amended by subsections (a) and (b) of this section) shall be effective only with respect to months which end before October 1, 1987.

42 USC 1382a, 602, 602 note. 42 USC I382a, 602, 602 note, Effective date. ^2 USC 602 note.

PARENTS AND SIBUNGS OF DEPENDENT CHILD INCLUDED IN AFDC FAMILY; CHILD SUPPORT PAYMENTS

SEC. 2640. (a) Section 402(a) of the Social Security Act (as amended by section 2624 of this Act) is further amended— (1) by striking out "and" at the end of paragraph (36); (2) by striking out the period at the end of paragraph (37) and inserting in lieu thereof "; and"; and (3) by inserting immediately after paragraph (37) the following new paragraphs: "(38) provide that in making the determination under paragraph (7) with respect to a dependent child and applying paragraph (8), the State agency shall (except as otherwise provided in this part) include— "(A) any parent of such child, and "(B) any brother or sister of such child, if such brother or sister meets the conditions described in clauses (1) and (2) of section 406(a), if such parent, brother, or sister is living in the same home as the dependent child, and any income of or available for such parent, brother, or sister shall be included in making such determination and applying such paragraph with respect to the family (notwithstanding sec* tion 205(j), in the case of benefits provided under title II); and "(39) provide that in making the determination under paragraph (7) with respect to a dependent child whose parent or legal guardian is under the age selected by the State pursuant to section 406(a)(2), the State agency shall (except as otherwise provided in this part) include any income of such minor's own parents or legal guardians who are living in the same home as such minor and dependent child, to the same extent that income of a stepparent is included under paragraph (31).". (b)(1) Section 457(b) of such Act is amended by redesignating paragraphs (1), (2), and (3) as paragraphs (2), (3), and (4), respectively, and by inserting immediately before the paragraph redesignated as paragraph (2) the following new paragraph: "(1) the first $50 of such amounts as are collected periodically which represent monthly support payments shall be paid to the family without affecting its eligibility for assistance or decreasing any amount otherwise payable as assistance to such family during such month;".

42 USC 602. ,? i;j - >..j ^ >

42 USC 606.

42 USC 405.

.,-^..

42 usC 657.

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 98 STAT. 1146 42 USC 657.

42 USC 602.

PUBLIC LAW 98-369—JULY 18, 1984

(2) Section 4570b) of such Act, as amended by paragraph (1) of this subsection, is further amended— (A) by inserting "which are in excess of any amount paid to the family under paragraph (1) and" after "periodically" in paragraph (2); (B) by striking out "paragraph (1)" in paragraph (3) and inserting in lieu thereof "paragraph (2)"; and (C) by striking out "paragraphs (1) and (2)" in paragraph (4) and inserting in lieu thereof "paragraphs (1), (2), and (3)". (c) Section 402(a)(8)(A) of such Act is amended by striking out "and" after the semicolon at the end of clause (iv), and by adding after clause (v) the following new clause: "(vi) shall disregard the first $50 of any child support payments received in such month with respect to the dependent child or children in any family applying for or receiving aid to families with dependent children (including support payments collected and paid to the family under section 457(b)); and". CWEP WORK FOR FEDERAL AGENCIES

42 USC 609.

SEC. 2641. (a) Section 409(a) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(4)(A) Participants in community work experience programs under this section may, subject to subparagraph (B), perform work in the public interest (which otherwise meets the requirements of this section) for a Federal office or agency with its consent, and, notwithstanding section 1342 of title 31, United States Code, or any other provision of law, such agency may accept such services, but such participants shall not be considered to be Federal employees for any purpose. "(B) The State agency shall provide appropriate workers' compensation and tort claims protection to each participant performing work for a Federal office or agency pursuant to subparagraph (A) on the same basis as such compensation and protection are provided to other participeuits in community work experience programs in the State.". Effective date. (b) The amendment made by subsection (a) shall become effective 42 USC 609 note, on the date of the enactment of this Act. EARNED INCOME OF FULL-TIME STUDENTS

42 USC 602.

S E C 2642. (a) Section 402(a)(18) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: ", except that in determining the total income of the family the State may exclude any earned income of a dependent child who is a full-time student, in such amounts and for such period of time (not to exceed 6 months) as the State may determine", (b) Section 402(a)(8)(A) of such Act (as amended by section 2640(c) of this Act) is further amended by striking out "and" after the semicolon at the end of clause (v), and by adding after clause (vi) the following new clause: "(vii) may disregard all or any part of the earned income of a dependent child who is a full-time student and who is applying for aid to families with dependent children, but only if the earned income of such child is excluded for such

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98 STAT. 1147

month in determining the family's total income under paragraph (18); and". (c) The amendments made by this section shall become effective Effective date. June 1, 1984.

42 USC 602 note.

PART 3—GENERAL EFFECTIVE DATE GENERAL EFFECTIVE DATE

SEC. 2646. Except as otherwise specifically provided in this sub- 42 USC 602 note. title, the provisions of parts 1 and 2 and the amendments made thereby shall take effect on October 1, 1984.

Subtitle C—Implementation of Grace Commission Recommendations

/ 'Ji

INCOME AND ELIGIBILITY VERIFICATION PROCEDURES

Bk

SEC. 2651. (a) Part A of title XI of the Social Security Act (a. amended by section 2630 of this Act) is further amended by adding at the end thereof the following new section: I N C O M E A N D ELIGIBILITY VERIFICATION SYSTEM •'SEC. 1137. (a) In order to meet the requirements of this section, a State must have in effect an income and eligibility verification system under which— "(1) the State shall require, as a condition of eligibility for benefits under any program listed in subsection (b), that each applicant for or recipient of benefits under that program furnish to the State his social security account number (or numbers, if he has more than one such number), and the State shall utilize such account numbers in the administration of that program so as to enable the association of the records pertaining to the applicant or recipient with his account number; "(2) wage information from agencies administering State unemployment compensation laws available pursuant to section 3304(a)(16) of the Internal Revenue Code of 1954, wage information reported pursuant to paragraph (3) of this subsection, and wage, income, and other information from the Social Security Administration and the Internal Revenue Service available pursuant to section 6103(1)(7) of such Code, shall be requested and utilized to the extent that such information may be useful in verifying eligibility for, and the amount of, benefits available under any program listed in subsection (b), as determined by the Secretary of Health and Human Services (or, in the case of the unemployment compensation program, by the Secretary of Labor, or, in the case of the food stamp program, by the Secretary of Agriculture); "(3) employers in such State are required, effective September 30, 1988, to make quarterly wage reports to a State agency (which may be the agency administering the State's unemployment compensation law) except that the Secretary of Labor (in consultation with the Secretary of Health and Human Services and the Secretary of Agriculture) may waive the provisions of this paragraph if he determines that the State has in effect ar

42 USC l320b-7.

26 USC 3304.

Ante, p. 820. Post, p. 1150.

,;

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 98 STAT. 1148

42 USC 651. 42 USC 401, 1381. 26 USC 6103.

42 USC 601. 42 USC 1396. 26 USC 3304. 7 USC 2011.

PUBLIC LAW 98-369—JULY 18, 1984

alternative system which is as effective and timely for purposes of providing employment related income and eligibility data for the purposes described in paragraph (2); "(4) the State agencies administering the programs listed in subsection (b) adhere to standardized formats and procedures established by the Secretary of Health and Human Services (in consultation with the Secretary of Agriculture) under which— "(A) the agencies will exchange with each other information in their possession which may be of use in establishing or verifying eligibility or benefit amounts under any other such program; "(B) such information shall be made available to assist in the child support program under part D of title IV of this Act, and to assist the Secretary of Health and Human Services in establishing or verifying eligibility or benefit amounts under titles II and XVI of this Act, but subject to the safeguards and restrictions established by the Secretary of the Treasury with respect to information released pursuant to section 6103(1) of the Internal Revenue Code of 1954; and "(C) the use of such information shall be targeted to those uses which are most likely to be productive in identifying and preventing ineligibility and incorrect payments; "(5) adequate safeguards are in effect so as to assure that— "(A) the information exchanged by the State agencies is made available only to the extent necessary to assist in the valid administrative needs of the program receiving such information, and the information released pursuant to section 6103(1) of the Internal Revenue Code of 1954 is only exchanged with agencies authorized to receive such information under such section 6103(1); and "(B) the information is adequately protected against unauthorized disclosure for other purposes, as provided in regulations established by the Secretary of Health and Human Services, or, in the case of the unemployment compensation program, the Secretary of Labor, or, in the Case of the food stamp program, the Secretary of Agriculture, or in the case of information released pursuant to section 6103(1) of the Internal Revenue Code of 1954, the Secretary of the Treasury; "(6) all applicants for and recipients of benefits under any such program shall be notified at the time of application, and periodically thereafter, that information available through the system will be requested and utilized; and "(7) accounting systems are utilized which assure that programs providing data receive appropriate reimbursement from the programs utilizing the data for the costs incurred in providing the data. "(b) The programs which must participate in the income verification system are— "(1) the aid to families with dependent children program under part A of title IV of this Act; "(2) the medicaid program under title XIX of this Act; "(3) the unemployment compensation program under section 3304 of the Internal Revenue Code of 1954; "(4) the food stamp program under the Food Stamp Act of 1977; and

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98 STAT. 1149

"(5) any State program under a plan approved under title I, X, XIV, or XVI of this Act. "(c)(1) In order to protect applicants for and recipients of benefits under the programs identified in subsection (b), or under the supplemental security income program under title XVI, from the improper use of information obtained from the Secretary of the Treasury under section 6103(1)(7)(B) of the Internal Revenue Code of 1954, no Federal, State, or local agency receiving such information may terminate, deny, suspend, or reduce any benefits of an individual until such agency has taken appropriate steps to independently verify information relating to— "(A) the amount of the asset or income involved, "(B) whether such individual actually has (or had) access to such asset or income for his own use, and "(C) the period or periods when the individual actually had such asset or income. "(2) Such individual shall be informed by the agency of the findings made by the agency on the basis of such verified information, and shall be given an opportunity to contest such findings, in the same manner as applies to other information and findings relating to eligibility factors under the program.". (b)(1) Section 402(a)(25) of the Social Security Act is amended to read as follows: "(25) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of this Act;". (2) Section 402(a)(29) of such Act is repealed. (3) Section 411 of such Act is repealed. (c) Section 1902(a) of the Social Security Act (as amended by section 2367 of this Act) is further amended— (1) by striking out "and" at the end of paragraph (44); (2) by striking out the period at the end of paragraph (45) and inserting in lieu thereof "; and"; and (3) by inserting after paragraph (45) the following new paragraph: "(46) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of this Act.".

42 USC 301, 1201, 1351, 1381.

Post, p. 1150.

42 USC 602.

Ante, p. 1147. 42 USC 602. 42 USC 6ii. 42 USC 1396a.

M • 0- 1 i

Ante, p. 1147.

(d) Section 303 of the Social Security Act is amended by adding at 42 USC 503. the end thereof the following new subsection: "(f) The State agency charged with the administration of the State A law shall provide that information shall be requested and exchanged i i i for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of this Act.". (e) Section 2(a) of the Social Security Act is amended— 42 USC 302.; (1) by striking out the period at the end of paragraph (10) and inserting in lieu thereof "; and"; and (2) by adding at the end thereof the following new paragraph: "(11) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of this Act.".

Ante, p. 1147.

(f) Section 1002(a) of the Social Security Act is amended— 42 USC 1202. (1) by striking out "and" at the end of clause (12); and

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 98 STAT. 1150

Ante, p. 1147. 42 USC 1352.

42 USC 1382 note.

Ante, p. 1147. 97 Stat. 1386. 7 USC 2020.

42 USC 503. 7 USC 2012. 42 USC 1383. 42 USC I382e. 87 Stat. 155. Infra. Ante, p. 1147.

26 USC 6103. Ante, p. 820.

PUBLIC LAW 98-369—JULY 18, 1984

(2) by inserting before the period at the end thereof the following: "; and (14) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of this Act". (g) Section 1402(a) of the Social Security Act is amended— (1) by striking out "and" at the end of clause (11); and (2) by inserting before the period at the end thereof the following: "; and (13) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of this Act". (h) Section 1602(a) of the Social Security Act (as in effect with respect to Puerto Rico, Guam, and the Virgin Islands) is amended— (1) by striking out "and" at the end of paragraph (13); (2) by striking out the period at the end of paragraph (14) and inserting in lieu thereof "; and"; and (3) by inserting after paragraph (14) the following new paragraph: "(15) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of this Act.". (i) Section ll(e)(19) of the Food Stamp Act of 1977 is amended to read as follows: "(19) that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of the Social Security Act and that any additional information available from agencies administering State unemployment compensation laws under the provisions of section 303(d) of the Social Security Act shall be requested and utilized by the State agency (described in section 3(n)(l) of this Act) to the extent permitted under the provisions of section 303(d) of the Social Security Act;". (j) Section 1631(e)(1)(B) of the Social Security Act is amended by adding at the end thereof the following: "For this purpose and for purposes of federally administered supplementary payments of the type described in section 1616(a) of this Act (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93-66), the Secretary shall, as may be necessary, request and utilize information available pursuant to section 6103(1)(7) of the Internal Revenue Code of 1954, and any information which may be available from State systems under section 1137 of this Act, and shall comply with the requirements applicable to States (with respect to information available pursuant to section 6103(1)(7)(B) of such Code) under subsections (a)(6) and (c) of such section 1137.". (k)(l) Section 6103(1)(7) of the Internal Revenue Code of 1954 is amended to read as follows: "(7) DISCLOSURE OF RETURN INFORMATION TO FEDERAL, STATE, AND LOCAL AGENCIES ADMINISTERING CERTAIN PROGRAMS UNDER THE SOCIAL SECURITY ACT OR THE FOOD STAMP ACT OF 1977.— "(A) RETURN INFORMATION FROM SOCIAL SECURITY ADMIN-

ISTRATION.—The Commissioner of Social Security shall, upon written request, disclose return information from returns with respect to net earnings from self-employment (as defined in section 1402), wages (as defined in section 3121(a)

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STAT. 1151

or 3401(a)), and payments of retirement income, which have been disclosed to the Social Security Administration as provided by paragraph (1) or (5) of this subsection, to any Federal, State, or local agency administering a program listed in subparagraph (D). "(B) RETURN INFORMATION FROM INTERNAL REVENUE SERV-

1

ICE.—The Secretary shall, upon written request, disclose current return information from returns with respect to unearned income from the Internal Revenue Service files to any Federal, State, or local agency administering a program listed in subparagraph (D). "(C) RESTRICTION ON DISCLOSURE.—The Commissioner of

Social Security and the Secretary shall disclose return information under subparagraphs (A) and (B) only for purposes of, and to the extent necessary in, determining eligibility for, or the correct amount of, benefits under a program listed in subparagraph (D). "(D) PROGRAMS TO WHICH RULE APPLIES.—The programs to

which this paragraph applies are: "(i) aid to families with dependent children provided under a State plan approved under part A of title IV of the Social Security Act; "(ii) medical assistance provided under a State plan approved under title XIX of the Social Security Act; "(iii) supplemental security income benefits provided under title XVI of the Social Security Act, and federally administered supplementary payments of the type described in section 1616(a) of such Act (including payi ments pursuant to an agreement entered into under section 212(a) of Public Law 93-66); "(iv) any benefits provided under a State plan approved under title I, X, XIV, or XVI of the Social Security Act (as those titles apply to Puerto Rico, Guam, and the Virgin Islands); "(v) unemployment compensation provided under a State.law described in section 3304 of this Code; "(vi) assistance provided under the Food Stamp Act ^ of 1977; and "(vii) State-administered supplementary payments of the type described in section 1616(a) of the Social Security Act (including payments pursuant to an agreement entered into under section 212(a) of Public Law 9366).". (2) Section 6103(a)(2) of such Code is amended by striking out "or of any local child support enforcement agency" and inserting in lieu thereof ", any local child support enforcement agency, or any local agency administering a program listed in subsection (1)(7)(D)". (1)(1) The amendments made by subsections (j) and (k) shall become effective on the date of the enactment of this Act. (2) Except as otherwise specifically provided, the amendments made by subsections (a) through (i) shall become effective on April 1, 1985. In the case of any State which submits a plan describing a good faith effort by such State to come into compliance with the requirements of such subsections, the Secretary of Health and Human Services (or, in the case of the State unemployment compensation program, the Secretary of Labor, or, in the case of the food stamp program, the Secretary of Agriculture) may by waiver grant a

42 USC 601. 42 USC 1396. 42 USC 1381.

42 USC 1382e.

87 Stat. 155. 42 USC 301, 1201, 1351, 1381.

7 USC 2011.

26 USC 6103.

Effective date. 42 USC 1320b-7 note.

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 98 STAT. 1152

Ante, p. 1147.

PUBLIC LAW 98-369—JULY 18, 1984

delay in the effective date of such subsections, except that no such waiver may delay the effective date of section 1137(c) of the Social Security Act (as added by subsection (a) of this section), or delay the effective date of any other provision of or added by this section beyond September 3, 1986. COLLECTION AND DEPOSIT OF PAYMENTS TO EXECUTIVE AGENCIES

SEC. 2652. (a)(1) Subchapter II of chapter 37 of title 31, United States Code, is amended by adding at the end thereof the following new section: 31 USC 3720.

"§ 3720. Collection of payments "(a) Each head of an executive agency (other than an agency subject to section 9 of the Act of May 18, 1933 (48 Stat. 63, chapter 32; 16 U.S.C. 831h)) shall, under such regulations as the Secretary of the Treasury shall prescribe, provide for the timely deposit of money by officials and agents of such agency in accordance with section 3302, and for the collection and timely deposit of sums owed to such agency by the use of such procedures as withdrawals and deposits by electronic transfer of funds, automatic withdrawals from accounts at financial institutions, and a system under which financial institutions receive and deposit, on behalf of the executive agency, payments transmitted to post office lockboxes. The Secretary is authorized to collect from any agency not complying with the requirements imposed pursuant to the preceding sentence a charge in an amount the Secretary determines to be the cost to the general fund caused by such noncompliance. "(b) The head of an executive agency shall pay to the Secretary of the Treasury charges imposed pursuant to subsection (a). Payments shall be made out of amounts appropriated or otherwise made available to carry out the program to which the collections relate. The amounts of the charges paid under this subsection shall be deposited in the Cash Management Improvements Fund established by subsection (c). "(c) There is established in the Treasury of the United States a revolving fund to be known as the 'Cash Management Improvements Fund'. Sums in the fund shall be available without fiscal year limitation for the payment of expenses incurred in developing the methods of collection and deposit described in subsection (a) of this section and the expenses incurred in carrying out collections and deposits using such methods, including the costs of personal services and the costs of the lease or purchase of equipment and operating facilities.". (2) The analysis of subchapter II of chapter 37 of title 31, United States Code, is amended by adding at the end thereof the following new item: "3720. Collection of payments.".

Regulations. ?LY^^ ^^^^ note.

(3) The Secretary of the Treasury shall prescribe regulations, including regulations under section 3720 of title 31, United States Code, designed to achieve by October 1, 1986, full implementation of the purposes of this subsection. (b)(1) Subsection (c) of section 3302 of title 31, United States Code, is amended— (A) by inserting "(1)" after the subsection designation;

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98 STAT. 1153

(B) by striking out ", but not later than the 30th day after the custodian receives the money,"; (C) by inserting after the first sentence the following new r sentence: "Except as provided in paragraph (2), money required to be deposited pursuant to this subsection shall be deposited not later than the third day after the custodian receives the money,"; and (D) by adding at the end thereof the following new paragraph: "(2) The Secretary of the Treasury may by regulation prescribe that a person having custody or possession of money required by this subsection to be deposited shall deposit such money during a period of time that is greater or lesser than the period of time specified by the second sentence of paragraph (1).", (2) The amendments made by this subsection shall become effec- Effective date. 31 USC 3302 tive January 1, 1985. note.

COLXiECTION OF NON-TAX DEBTS OWED TO FEDERAL AGENCIES

SEC. 2653. (a)(1) Subchapter II of chapter 37 of title 31, United States Code, as amended by section 2652(a)(1) of this Act, is further amended by adding at the end thereof the following new section: "§ 3720A. Reduction of tax refund by amount of debt 31 USC 3720A. "(a) Any Federal agency that is owed a past-due legally enforceable debt (other than any OASDI overpayment and past-due support) by a named person shall, in accordance with regulations issued pursuant to subsection (d), notify the Secretary of the Treasury of the amount of such debt. "(b) No Federal agency may take action pursuant to subsection (a) SO#ll ')8U-'M with respect to any debt until such agency— "(1) notifies the person incurring such debt that such agency proposes to take action pursuant to such paragraph with respect to such debt; "(2) gives such person at least 60 days to present evidence that all or part of such debt is not past-due or not legally enforceable; "(3) considers any evidence presented by such person and determines that an amount of such debt is past due and legally enforceable; and "(4) satisfies such other conditions as the Secretary may prescribe to ensure that the determination made under paragraph (3) with respect to such debt is valid and that the agency has made reasonable efforts to obtain payment of such debt. "(c) Upon receiving notice from any Federal agency that a named person owes to such agency a past-due legally enforceable debt, the Secretary of the Treasury shall determine whether any amounts, as refunds of Federal taxes paid, are payable to such person. If the Secretary of the Treasury finds that any such amount is payable, he shall reduce such refunds by an amount equal to the amount of such debt, pay the amount of such reduction to such agency, and notify such agency of the individual's home address. "(d) The Secretary of the Treasury shall issue regulations pre- Regulations, scribing the time or times at which agencies must submit notices of past-due legally enforceable debts, the manner in which such notices must be submitted, and the necessary information that must be contained in or accompany the notices. The regulations shall specify the minimum amount of debt to which the reduction procedure established by subsection (c) may be applied and the fee that an

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1202

 98 STAT. 1154

42 USC 664.

PUBLIC LAW 98-369—JULY 18, 1984

agency must pay to reimburse the Secretary of the Treasury for the full cost of applying such procedure. Any fee paid to the Secretary pursuant to the preceding sentence may be used to reimburse appropriations which bore all or part of the cost of applying such procedure. "(e) Any Federal agency receiving notice from the Secretary of the Treasury that an erroneous payment has been made to such agency under subsection (c) shall pay promptly to the Secretary, in accordance with such regulations as the Secretary may prescribe, an amount equal to the amount of such erroneous payment (without regard to whether any other amounts payable to such agency under such subsection have been paid to such agency). "(f) For purposes of this section— "(1) the term 'Federal agency' means a department, agency, or instrumentality of the United States (other than an agency subject to section 9 of the Act of May 18, 1933 (48 Stat. 63, chapter 32; 16 U.S.C. 831h)), and includes a Government corporation (as such term is defined in section 103 of title 5, United States Code); "(2) the term 'past-due support' means any delinquency subject to section 464 of the Social Security Act; and "(3) the term 'OASDI overpayment' means any overpayment of benefits made to an individual under title II of the Social Security Act". (2) The analysis of subchapter II of chapter 37 of title 31, United States Code, as amended by section 2652(a)(2) of this Act, is further amended by adding at the end thereof the following new item: "3720A. Reduction of tax refund by amount of debt.".

26 USC 6402.

(b)(1) Section 6402 of the Internal Revenue Code of 1954 (relating to authority to make credits or refunds) is amended by adding at the end thereof the following new subsections: "(d) COLLECTION OF DEBTS OWED TO FEDERAL AGENCIES.—

"(1) IN GENERAL.—Upon receiving notice from any Federal agency that a named person owes a past-due legally enforceable debt (other than any OASDI overpayment and past-due support subject to the provisions of subsection (c)) to such agency, the Secretary shall— "(A) reduce the amount of any overpayment payable to such person by the amount of such debt; "(B) pay the amount by which such overpayment is reduced under subparagraph (A) to such agency; and "(C) notify the person making such overpayment that "(2) PRIORITIES FOR OFFSET.—Any overpayment by a person
 * .,./.' such overpayment has been reduced by an amount necessary to satisfy such debt.

42 USC 602.

shall be reduced pursuant to this subsection after such overpayment is reduced pursuant to subsection (c) with respect to pastdue support collected pursuant to an assignment under section 402(a)(26) of the Social Security Act and before such overpayment is credited to the future liability for tax of such person pursuant to subsection (b). If the Secretary receives notice from a Federal agency or agencies of more than one debt subject to paragraph (1) that is owed by a person to such agency or agencies, any overpayment by such person shall be applied against such debts in the order in which such debts accrued.

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98 STAT. 1165

"(3) DEFINITIONS.—For purposes of this subsection the term 'OASDI overpayment' means any overpayment of benefits made to an individual under title II of the Social Security Act. 42 USC 401. "(e) REVIEW OF REDUCTIONS.—No court of the United States shall .2 have jurisdiction to hear any action, whether legal or equitable, brought to restrain or review a reduction authorized by subsection (c) or (d). No such reduction shall be subject to review by the Secretary in an administrative proceeding. No action brought against the United States to recover the amount of any such reduction shall be considered to be a suit for refund of tax. This subsection does not preclude any legal, equitable, or administrative action against the Federal agency to which the amount of such reduction was paid. "(f) FEDERAL AGENCY.—For purposes of this section, the term 'Federal agency' means a department, agency, or instrumentality of the United States (other than an agency subject to section 9 of the Act of May 18, 1933 (48 Stat. 63, chapter 32; 16 U.S.C. 831h)), and includes a Government corporation (as such term is defined in section 103 of title 5, United States Code). "(g) CROSS REFERENCE.—For procedures relating to agency notifi. cation of the Secretary, see section 3721 of title 31, United States Code.". (2) Subsection (a) of section 6402 of such Code is amended by 26 USC 6402. striking out "subsection (c)" and inserting in lieu thereof "subsections (c) and (d)". (3)(A) Subsection (1) of section 6103 of such Code (relating to Ante, p. 820. confidentiality and disclosure of returns and information), as amended by section 453 of this Act, is further amended by adding at the end thereof the following new paragraph: "(10) DISCLOSURE O F CERTAIN INFORMATION TO AGENCIES REQUESTING A REDUCTION UNDER SECTION 6402(c) OR 6402(d).— "(A) RETURN INFORMATION FROM INTERNAL REVENUE SERV-

'• '  ^'

^^^^,,.,

ICE.—The Secretary may, upon receiving a written request, disclose to officers and employees of an agency seeking a reduction under section 6402(c) or 6402(d)— Ante, p. 1154. "(i).the fact that a reduction has been made or has not been made under such subsection with respect to any person; "(ii) the amount of such reduction; and "(iii) taxpayer identifying information of the person ki- "^fi. against whom a reduction was made or not made. "(B) RESTRICTION ON USE OF DISCLOSED INFORMATION.—

Any officers and employees of an agency receiving return information under subparagraph (A) shall use such information only for the purposes of, and to the extent necessary in, establishing appropriate agency records or in the defense of any litigation or administrative procedure ensuing from reduction made under section 6402(c) or section 6402(d).". (B)(i) Section 6103(p)(3)(A) of such Code (relating to procedure and recordkeeping), as so amended, is amended by striking out "or (9)" and inserting in lieu thereof "(9), or (10)". (ii) Section 6103(p)(4) of such Code, as so amended, is amended by striking out "(1)(1), (2), (3), or (5)" and inserting in lieu thereof "(1) (1), (2), (3), (5), or (10)".

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1204

 98 STAT. 1156 26 USC 6103. 26 USC 7213.

Effective date. 26 USC 6402 "°^-

PUBLIC LAW 98-369—JULY 18, 1984

(iii) Section 6103(p)(4)(F)(ii) of such Code, as so amended, is amended by striking out "(1) (D, (2), (3), or (5)" and inserting in lieu thereof "(1)(1), (2), (3), (5), or (10)". (4) Section 7213(a)(2) of such Code (relating to unauthorized disclosure of information), as so amended, is amended by striking out "(D (6), (7), (8), or (9)" and inserting in lieu thereof "(1)(6), (7), (8), (9), or (10)". (c) The amendments made by this section shall apply with respect to refunds payable under section 6402 of the Internal Revenue Code of 1954 after December 31, 1985, and before January 1, 1988.

Subtitle D—Technical Corrections CHANGES IN OASDI PROVISIONS NECESSITATED BY THE 1983 AMENDMENTS

97 Stat. 99. 42 USC 401. 42 USC 402. 97 Stat. 109.

97 Stat. 95.

97 Stat. 92. 97 Stat. 114.

97 Stat. 96. 97 Stat. 108. 97 Stat. 133.

SEC. 2661. (a) Section 2'oi(l)(3)(B)(i) of the Social Security Act is amended by inserting "Insurance" after "Survivors". (b)(1) Section 202(c)(1) of such Act is amended (in the matter appearing between subparagraphs (D) and (E) of such section)— (A) by striking out all that follows "has attained" and precedes ", the first month" in clause (i) and inserting in lieu thereof "retirement age (as defined in section 216(1))"; (B) by striking out all that follows "has not attained" and precedes ", or" in clause (ii)(I) and inserting in lieu thereof "retirement age (as defined in section 216(1))"; and (C) by striking out "to which" in the matter following clause (ii) and inserting in lieu thereof "in which". (2) Section 202(c)(5)(A) of such Act is amended by striking out "classes (i) and (ii)" and inserting in lieu thereof "clauses (i) and (ii)". (c)(1) Section 202(e)(2)(A) of such Act is amended by striking out all that follows "subsection (q)," and precedes "subparagraph (D) of this paragraph" and inserting in lieu thereof "paragraph (7) of this subsection, and". (2) Section 202(e)(2)(C) of such Act is amended— (A) by striking out the period immediately after "deceased individual"; and (B) by inserting a closing parenthesis after "paragraph (3) of such subsection (w)". (3) Paragraph (7) of section 202(e) of such Act is amended by striking out "paragraph (2)(B)," and inserting in lieu thereof "paragraph (2)(D),". (d)(1) Section 202(f)(l)(C)(ii) of such Act is amended by striking out all that follows "attained" and precedes ", and" and inserting in lieu thereof "retirement age (as defined in section 216(1))". (2) Section 202(f)(2)(A) of such Act is amended by striking out "paragraph (3)(B)," and inserting in lieu thereof "paragraph (3)(D),". (3) Section 202(f)(3)(C) of such Act is amended by striking out the period immediately after "deceased individual". (e) Section 202(q)(9)(B)(i) of such Act is amended by striking out "section 216(a)" and inserting in lieu thereof "section 216(1)". (f) Section 202(x) of such Act is amended by adding at the beginning thereof the following heading:

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 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1157

"Limitation on Payments to Prisoners". (g)(1)(A) Section 203(d) of such Act is amended— (i) by striking out "on seven or more different calendar days of which he engaged" in paragraph (1)(A) and inserting in lieu thereof "for more than forty-five hours of which such individual engaged"; and (ii) by striking out "on seven or more different calendar days" in paragraph (2) and inserting in lieu thereof "for more than forty-five hours". (B) The amendments made by subparagraph (A) shall apply only with respect to months beginning with the second month after the month in which this Act is enacted. (2)(A) Section 203(f) of such Act is amended by adding at the end thereof the following new paragraph: "(9) For purposes of paragraphs (3), (5)(D)(i), and (8)(D), the term 'retirement age (as defined in section 216(1))', with respect to any individual entitled to monthly insurance benefits under section 202, means the retirement age (as so defined) which is applicable in the case of old-age insurance benefits, regardless of whether or not the particular benefits to which the individual is entitled (or the only such benefits) are old-age insurance benefits.". (B) The amendment made by subparagraph (A) shall be effective as though it had been enacted on April 20, 1983, as a part of section 201 of the Social Security Amendments of 1983. (h) Section 205(r) of such Act is amended— (1) by striking out "(r)(3)(A) and (r)(3)(B)" in paragraph (4) and inserting in lieu thereof "subparagraphs (A) and (B) of paragraph (3)"; (2) by striking out "the Act" in paragraph (7) and inserting in lieu thereof "this Act"; and (3) by striking out the heading and inserting in lieu thereof the following:

97 Stat. 94. 42 USC 403.

Effective date. 42 USC 403 note.

97 Stat. 107. 42 USC 416. 42 USC 402.

Effective date. 42 USC 403 note. 97 Stat. 107. 97 Stat. 130. 42 USC 405.

"Use of Death Certificates to Correct Program Information". (i)(l) Section 209(e) of such Act is amended by striking out the semicolon after "Act of 1974". (2) The next to last unnumbered paragraph of section 209 of such Act is amended by striking out "section 414(h)(2) of such Code" in subdivision (2) and inserting in lieu thereof "section 414(h)(2) of such Code where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise)". (j) Section 210(a) of such Act, in the matter preceding paragraph (1), is amended by striking out the matter which follows "such affiliate" and precedes "or (C)" and the matter which follows "section 233" and precedes "except", and by inserting in lieu thereof a comma and a semicolon, respectively. (k)(l) Section 215(a)(7)(B)(ii)(I) of such Act is amended by striking out "who initially become eligible for old-age or disability insurance benefits" and inserting in lieu thereof "who become eligible (as defined in paragraph (3)(B)) for old-age insurance benefits (or became eligible as so defined for disability insurance benefits before attaining age 62)".

97 Stat. 125. 42 USC 409.

97 Stat. 120. 42 USC 4io.

97 Stat. 76. 42 USC 415.

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 98 STAT. 1158 42 USC 415. 97 Stat. 76. 97 Stat. 78.

97 Stat. 74.

42 USC 416. 42 USC 402. Post, p. 1159.

97 Stat. 129. 42 USC 423.

97 Stat. 104. 42 USC 429. 97 Stat. 103.

97 Stat. 80. 26 USC 86.

PUBLIC LAW 98-369—JULY 18, 1984

(2) Section 215(a)(7)(C)(ii) of such Act is amended by striking out "survivors" and inserting in lieu thereof "survivor's". (3) Section 215(f)(9)(B)(i) of such Act is amended by striking out "as though such primary insurance amount had initially been computed without regard to subsection (a)(7) or (d)(5)" and inserting in lieu thereof "as though the recomputed primary insurance amount were being computed under subsection (a)(7) or (d)(5)". (4) Section 215(i)(5)(A) of such Act is amended by adding at the end thereof the following new sentence: "Any amount so increased that is not a multiple of $0.10 shall be decreased to the next lower multiple of $0.10.". (5) Section 215(i)(5)(B) of such Act is amended— (A) by striking out clause (iii) and inserting in lieu thereof the following: "(iii) multiplying such quotient by 100 so as to yield such applicable additional percentage (which shall be rounded to the nearest one-tenth of 1 percent),"; (B) by striking out "ending with such subsequent calendar year" in clauses (iv) and (v) and inserting in lieu thereof "ending with the year before such subsequent calendar year"; and (C) by striking out "initially became eligible for an old-age or disability insurance benefit" in clause (v) and inserting in lieu thereof "became eligible (as defined in subsection (a)(3)(B)) for the old-age or disability insurance benefit that is being increased under this subsection". (1)(1) Section 216(f) of such Act is amended by adding at the end thereof the following new sentence: "For purposes of subparagraph (C) of section 202(c)(1), a divorced husband shall be deemed not to be married throughout the month which he becomes divorced.". (2) Section 216(h)(3)(A)(i) of such Act (as in effect after the application of section 2662(c)(1) of this Act) is amended by striking out "(as defined in section 216(1))" and inserting in lieu thereof "(as defined in subsection (1))". (3) Section 216(i)(2) of such Act (as amended by section 2662(c)(l) of this Act) is amended by striking out "(as defined in section 216(1))" in subparagraphs (B) and (D) and inserting in lieu thereof "(as defined in subsection (1))". (m) Subparagraph (B) of section 223(c)(1) of such Act is amended by moving clause (iii) two ems to the left, and by moving the preceding provisions of such subparagraph two ems to the right, so that the left margin of such subparagraph and its clauses is indented four ems and is aligned with the margin of subparagraph (A) of such section. (n) Section 2290t)) of such Act is amended by adding at the end thereof the following new sentence: "Additional adjustments may be made in the amounts so authorized to be appropriated to the extent that the amounts transferred in accordance with clauses (i) and (ii) of section 1510)X3)(B) of the Social Security Amendments of 1983 with respect to wages deemed to have been paid in 1983 were in excess of or were less than the amount which the Secretary, on the basis of appropriate data, determines should have been so transferred.'. (o)(1) Subsection (f) of section 86 of the Internal Revenue Code of 1954 is amended by redesignating paragraphs (1), (2), (3), and (4) as paragraphs (2), (3), (4), and (5), respectively, and by inserting before paragraph (2) (as so redesignated) the following new paragraph:

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 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1159

"(1) section 37(c)(3)(A) (relating to reduction for amounts received as pension or annuity),". (2) Subsection (a) of section 134 of such Code is amended by striking out paragraphs (6) and (7) and by redesignating paragraph (8) as paragraph (6). (3) Effective January 1, 1984, subparagraph (B) of section 3121(v)(l) of such Code is amended to read as follows: "(B) any amount treated as an employer contribution under "] section 414(h)(2) where the pickup referred to in such section is < pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise).". (4) Effective January 1, 1985, subparagraph (B) of section 3306(r)(l) of such Code is amended to read as follows: "(B) any amount treated as an employer contribution under section 414(h)(2) where the pickup referred to in such section is pursuant to a salary reduction agreement (whether evidenced by a written instrument or otherwise).". (5) Section 6334(c) of such Code is amended by inserting "(including section 207 of the Social Security Act)" immediately after "any other law of the United States".

Ante, p. 891. 97 Stat. 122. 26 USC 3121.

97 Stat. 123. 26 USC 3306.

26 USC 6334.

CHANGES IN TEXT OF THE 1983 AMENDMENTS

SEC. 2662. (a) Section 101(d) of the Social Security Amendments of 1983 (Public Law 98-21) is amended by striking out "remuneration paid" and inserting in lieu thereof "service performed". (b) Section 112(f) of such Amendments is amended by inserting "of such Act" after "section 201(a)". (c) Section 201(c) of such Amendments is amended— (1) by inserting "the" immediately before "age of 65" in ,, paragraph (1); and (2) by inserting "the" immediately before "age of sixty-five" in paragraph (3). (d) Section 301(a)(5) of such Amendments is amended by striking out "Section 202(c)" and inserting in lieu thereof "Effective with respect to monthly insurance benefits for months after December 1984 (but only on the basis of applications filed on or after January 1, 1985), section 202(c)". (e) Section 305(d)(2) of such Amendments is amended by inserting "each place it appears" immediately before "in subsection (c)(4)(C)". (f)(1) Section 422A(c)(9) of the Internal Revenue Code of 1954 (relating to special rule when disabled) is amended by striking out "section 105(d)(4)" and inserting in lieu thereof "section 37(e)(3)". (2)(A) Section 324(d)(1) of the Social Security Amendments of 1983 is amended by adding at the end thereof the following new sentence: "For purposes of applying such amendments to remuneration paid after December 31, 1983, which would have been taken into account before January 1, 1984, if such amendments had applied to periods before January 1, 1984, such remuneration shall be taken into account when paid (or, at the election of the payor, at the time which would be appropriate if such amendments had applied).". (B) Section 324(d)(2) of such Amendments is amended by adding at the end thereof the following new sentence: "For purposes of applying such amendments to remuneration paid after December 31, 1984, which would have been taken into account before January 1, 1985, if such amendments had applied to periods before January 1, 1985, such remuneration shall be taken into account when paid (or.

97 Stat. 67. 26 USC 3121 Q^^Q^^^ Y3

42 USC 415 note. 97 Stat. 107. 42 USC 402,403, 415, 416, 423. 42 USC 423. 97 Stat. 109. 42 USC 402 note,

97 Stat. 113. 42 USC 428. 26 USC 422A. 97 Stat. 122. 26 USC 3121 ^°^-

26 USC 3121 note,

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 98 STAT. 1160

97 Stat. 122. 26 USC 3121 note.

Effective date. 97 Stat. 126. 26 USC 3121 note.

97 Stat. 132. 42 USC 902 note.

Effective date. 42 USC 902 note. 97 Stat. 133. 42 USC 423.

97 Stat. 72. 38 USC 3023 note.

PUBLIC LAW 98-369—JULY 18, 1984

at the election of the payor, at the time which would be appropriate if such amendments had applied).". (C) Section 324(d)(4) of such Amendments is amended by adding at the end thereof the following new sentence: "For purposes of this paragraph, any plan or agreement to make payments described in paragraph (2), (3), or (13XAXiii) of section 3121(a) of such Code (as in effect on the day before the date of the enactment of this Act) shall be treated as a nonqualified deferred compensation plan.". (g) Section 327(d) of such Amendments (relating to codification of Rowan decision with respect to meals and lodging) is amended to read as follows: "(d)(1) The amendment made by subsection (a) shall apply to remuneration paid after December 31, 1983. "(2) The amendments made by subsection (b) and subsection (c)(4) shall apply to remuneration (other than amounts excluded under section 119 of the Internal Revenue Code of 1954) paid after March 4, 1983, and to any such remuneration paid on or before such date which the employer treated as wages when paid. "(3) The amendments made by paragraphs (1), (2), and (3) of subsection (c) shall apply to remuneration paid after December 31, 1984.". (h)(1) Section 338(b) of such Amendments is amended by adding at the end thereof the following new paragraph: "(6) The provisions of section 8344 of title 5, United States Code, shall not apply to service by an individual as a member of the Panel.". (2) The amendment made by this subsection shall take effect on January 1, 1984. (i) Section 339(b) of such Amendments is amended to read as follows: "(b) Section 223 of such Act is amended by adding at the end thereof the following new subsection: " '(h) For provisions relating to limitation on payments to prisoners, see section 202(x).'.". (j) Section 111(e) of such Amendments is amended by inserting "Budget" before "Reconciliation". OTHER TECHNICAL CORRECTIONS IN THE SOCIAL SECURITY ACT AND RELATED PROVISIONS

42 USC 401.

42 USC 402.

SEC. 2663. (a)(l)(A) The fourth sentence of section 201(d) of the Social Security Act is amended— (i) by striking out "the Second Liberty Bond Act, as amended," and inserting in lieu thereof "chapter 31 of title 31, United States Code,"; and (ii) by striking out "public-debt obligation" and inserting in lieu thereof "public-debt obligations". (B) Section 201(g)(l)(B) of such Act is amended by striking out "clauses" in the first sentence and inserting in lieu thereof "clause". (2)(A)(i) Section 202(d)(l) of such Act, in clause (ii) in the matter which follows subparagraph (C) and precedes subparagraph (D), is amended by striking out "paragraphs" and "paragraph" and inserting in lieu thereof "subparagraphs" and "subparagraph", respectively, (ii) Section 202(d)(l)(G) of such Act is amended— (I) by striking out the comma after "age of 18"; .

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 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1161

(II) by striking out "the age of 22," and inserting in lieu thereof "the age of 22—"; (III) by striking out ", or, subject to section 223(e), the termination month (and for purposes" and inserting in lieu thereof the following: "(i) the termination month, subject to section 223(e) (and for purposes"; (IV) by striking out "after the 15 months" and all that follows down through "such earlier month." and inserting in lieu thereof the following: "after the 15 months following such period of trial work in which he engages or is determined able to engage in sub" stantial gainful activity), or (if later) the earlier of— "(ii) the first month during no part of which he is a fulltime elementary or secondary school student, or "(iii) the month in which he attains the age of 19, but only if he was not under a disability (as so defined) in such earlier month."; and (V) by indenting all of clause (i) (as designated and amended by the preceding provisions of this subparagraph) four ems, so as to align its left margin with the margins of clauses (ii) and (iii) (as so designated). (iii) The second sentence of section 202(d)(7)(A) of such Act is amended by striking out "the date of the enactment of this paragraph" and inserting in lieu thereof "the effective date of this sentence". (B) Section 202(e)(1) of such Act is amended— (i) by striking out the first comma after "age 60" in the matter following subparagraph (F)(ii); and (ii) by striking out "he engages" in the last sentence and inserting in lieu thereof "she engages". (C) Section 202(f)(1) of such Act is amended by striking out the first comma after "age 60" in the matter following subparagraph (F)(ii). (D) Section 202(f)(3)(D)(i) of such Act is amended by striking out the semicolon after "applicable,". (E) Section 2202(a)(1)(B) of Public Law 97-35 is amended by striking out "as". (F)(i) Section 202(q)(3)(G) of the Social Security Act is amended by striking out "as if the period" and inserting in lieu thereof "if the period". (ii) Section 202(q)(7)(E) of such Act is amended by striking out "he attained retirement age" and inserting in lieu thereof "she or he attained retirement age". (G) Section 202(t)(4)(E) of such Act is amended— (i) by inserting "of 1937 or 1974" after "Railroad Retirement Act" where it first appears; and (ii) by inserting before the semicolon at the end thereof the following: "of 1937 or section 18(2) of the Railroad Retirement Act of 1974". (H) Section 202(u)(l)(B) of such Act is amended by striking out ", 112, or 113". (3)(A) Section 203(a)(8) of such Act is amended by adding a period at the end thereof.

••04-

42 USC 402.

-^.;;,

97 Stat. 96. 42 USC 402. fe/

42 USC 403.

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 98 STAT. 1162 42 USC 403.

42 USC 405.

42 USC 408.

42 USC 409.

97 Stat. 127.

42 USC 410.

PUBLIC LAW 98-369—JULY 18, 1984

(B) Section 203(d)(2) of such Act is amended by striking out "an individual who is entitled" and inserting in lieu thereof "an individual under the age of seventy who is entitled". (C) Section 203(fK5XBXii) of such Act is amended by striking out "702(a)(9)" and inserting in lieu thereof "702(a)(8)". (D) Section 203(f)(8) of such Act is amended by indenting subparagraphs (B) and (C) two additional ems (for a total indentation of four ems) so as to align their left margins with the margins of subparagraphs (A) and (D). (4)(A) Section 205(c)(5)(D) of such Act is amended by inserting "of 1937 or 1974" after "Railroad Retirement Act" each place it appears. (B) Section 205(c)(5)(I) of such Act is amended by inserting before the semicolon at the end thereof the following: "or section 7(b)(7) of the Railroad Retirement Act of 1974". (C) Section 205(e) of such Act is amended by striking out "on order" and inserting in lieu thereof "an order". (D) Section 205(h) of such Act is amended by striking out "section 24 of the Judicial Code of the United States" and inserting in lieu thereof "section 1331 or 1346 of title 28, United States Code,". (E) Section 205(i) of such Act is amended by striking out all that follows "through" and precedes "and prior" and inserting in lieu thereof "the Fiscal Service of the Department of the Treasury,". (F) Section 205(p)(l) of such Act is amended by striking out "section 1420(e) of the Internal Revenue Code" and inserting in lieu thereof "section 3122 of the Internal Revenue Code of 1954". (5) Section 208 of such Act is amended by indenting paragraphs (f) through (h) two ems so as to align their left margins with the margins of paragraphs (a) through (e) (and by appropriately further indenting subdivisions (1), (2), and (3) of paragraph (g)). (6)(A) Section 209 of such Act is amended— (i) by indenting paragraphs (5) through (9) of subsection (a) two ems so as to align their left margins with the margins of the preceding paragraphs of such subsection; (ii) by striking out "(p) Remuneration" and inserting in lieu thereof "(p)(l) Remuneration"; (iii) by striking out the period at the end of paragraph (p)(l) as redesignated by clause (ii) of this subparagraph and inserting in lieu thereof a semicolon; (iv) by striking out "(p) Any contribution" and inserting in lieu thereof "(2) Any contribution"; and (v) by indenting subsections (e), (f), and (k) through (r) two ems so as to align their left margins with the margins of subsections (a) through (d) and subsections (g), (h), and (j) (appropriately further indenting paragraphs (1) and (2) of subsection (f) and paragraphs (1) and (2) of subsection (m)). (B) The seventh unnumbered paragraph from the end of section 209 of such Act (relating to remuneration for service performed as a member of a uniformed service) is amended by striking out "section 102(10) of the Servicemen's and Veterans' Survivor Benefits Act" and inserting in lieu thereof "chapter 3 and section 1009 of title 37, United States Code". (7)(A) Section 210(a)(l) of such Act is amended by striking out "(A)" and all that follows down through "or (B)". (B) Section 210(a)(7) of such Act is amended by indenting subparagraph (D) two additional ems (for a total indentation of four ems) so

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1211

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1168

as to align its left margin with the margins of subparagraphs (A) through (C). (C) Section 210(a)(9) of such Act is amended by striking out 42 USC 410. "section 1532 of the Internal Revenue Code" and inserting in lieu thereof "section 3231 of the Internal Revenue Code of 1954". (D) Section 210(a)(19) of such Act is amended by striking out the comma after "; or". (E) Section 210(1)(2) of such Act is amended— (i) by striking out "section 102 of the Servicemen's and Veterans' Survivor Benefits Act" and inserting in lieu thereof "paragraph (21) of section 101 of title 38, United States Code"; and (ii) by striking out "such section" and inserting in lieu thereof , ^,,, "paragraph (22) of such section". (F) Section 210(1)(3) of such Act is amended by striking out "such section 102" and inserting in lieu thereof "paragraph (23) of such section 101". ,, v, v^ (G) Section 210(m) of such Act is amended— (i) by striking out "a reserve component of a uniformed service as defined in section 102(3j of the Servicemen's and Veterans' Survivor Benefits Act" in the first sentence and inserting in lieu thereof "a reserve component as defined in section 101(27) of title 38, United States Code"; (ii) by inserting ", the National Oceanic and Atmospheric Administration Corps," after "Coast and Geodetic Survey" in the first sentence; (iii) by striking out "military or naval" each place it appears in paragraph (5) and inserting in lieu thereof "military, naval, or air"; and (iv) by striking out "Universal Military Training and Service Act" in paragraph (5)(B) and inserting in lieu thereof "Military Selective Service Act". (8)(A) Section 211(a) of such Act is amended by striking out 42 USC 4ii. "chapter 1 of the Internal Revenue Code", "such chapter", and "section 183 of such code" in the matter preceding paragraph (1) and inserting in lieu thereof "subtitle A of the Internal Revenue Code of 1954", "such subtitle", and "section 702(a)(8) of such Code", respec' tively. (B) Section 211(a)(3) of such Act is amended— ..„ (i) by striking out "chapter 1 of the Internal Revenue Code" and inserting in lieu thereof "subtitle A of the Internal Revenue Code of 1954"; and -,. £1(ii) by inserting "or" before "(C)". (C) Section 211(a)(4) of such Act is amended by striking out "section 23(s) of such code" and inserting in lieu thereof "section 172 of the Internal Revenue Code of 1954". (D) Section 211(a) of such Act is further amended by striking out 97 Stat. 90. "702(a)(9)" in clauses (iii) and (iv) (in the matter following paragraph (12)) and inserting in lieu thereof in each instance "702(a)(8)". (E) Section 211(b)(l) of such Act is amended by indenting subparar* graphs (D), (G), (H), and (I) an additional two ems (for a total indentation of four ems) so as to align their left margins with the margins of the other subparagraphs of such section. (F) Section 211(c) of such Act is amended by striking out "section 23 of the Internal Revenue Code" and inserting in lieu thereof "section 162 of the Internal Revenue Code of 1954".

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1212

 98 STAT. 1164 42 USC 411.

42 USC 413.

42 USC 415.

42 USC 416. 42 USC 416. 42 USC 417.

42 USC 418.

42 USC 421.

PUBLIC LAW 98-369—JULY 18, 1984

(G) Section 211(c)(3) of such Act is amended by striking out "section 1532 of the Internal Revenue Code" and inserting in lieu thereof "section 3231 of the Internal Revenue Code of 1954". (H) Section 211(d) of such Act is amended by striking out "supplement F of chapter 1 of the Internal Revenue Code" and inserting in lieu thereof "subchapter K of chapter 1 of the Internal Revenue Code of 1954". (I) Section 211(e) of such Act is amended by striking out "chapter 1 of the Internal Revenue Code", "chapter 1 of such code", and "such chapter 1" and inserting in lieu thereof "subtitle A of the Internal Revenue Code of 1954", "subtitle A of such Code", and "such subtitle A", respectively. (9)(A) Section 213(a)(1) of such Act is amended by striking out "means" and inserting in lieu thereof "mean". (B) Section 213(a)(2)(B)(ii) of such Act is amended by striking out "equal to $3,000" and inserting in lieu thereof "equal $3,000". (10)(A) Section 215(a)(1) of such Act is amended— (i) by striking out "of such benefits" in subparagraph (B)(i) and inserting in lieu thereof "for such benefits"; (ii) by striking out "amounts" in subparagraph (B)(iii) and inserting in lieu thereof "amount"; and (iii) by striking out "scetion 217" in subparagraph (C)(ii) and inserting in lieu thereof "section 217". (B) Section 215(a)(4) of such Act is amended by indenting subparagraph (B) two ems so as to align its left margin with the margin of subparagraph (A) (and by appropriately further indenting clauses (i) and (ii) of such subparagraph (B)). (C) Section 215(f)(2)(A) of such Act is amended by striking out "primary insurance account" and inserting in lieu thereof "primary insurance amount". (D) Section 215(h) of such Act is amended— (i) by adding at the beginning thereof the following heading: "Service of Certain Public Health Service Officers"; and (ii) by striking out "Civil Service Commission" in paragraph (1) and inserting in lieu thereof "Director of the Office of Personnel Management". (11)(A) Section 2203(d)(4) of Public Law 97-35 is amended by inserting after "at the end of paragraph (3)" the following: "(after and below subparagraph (C)(ii)). (B) Section 216(i)(2)(F)(ii) of the Social Security Act is amended by striking out "enacted," in the matter immediately preceding subdivision (I) and inserting in lieu thereof "enacted—". (12)(A) Section 217(d) of such Act is amended by indenting paragraphs (1) and (2) two ems. (B) Section 217(e)(1) of such Act is amended by inserting ", National Oceanic and Atmospheric Administration Corps," after "Coast and Geodetic Survey" in the last sentence. (C) Section 217(f)(1) of such Act is amended by striking out "Civil Service Commission" and inserting in lieu thereof "Director of the Office of Personnel Management". (13) Section 218(i) of such Act is amended by striking out "subchapter A or E of chapter 9 of the Internal Revenue Code" and inserting in lieu thereof "chapter 21 and subtitle F of the Internal Revenue Code of 1954". (14) Section 221(e) of such Act is amended by striking out "Federal Disability Trust Fund is charged" and inserting in lieu thereof "Federal Disability Insurance Trust Fund is charged".

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1213

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1165

(15)(A) Subsections (a) and (b)(1) of section 222 of such Act are amended by striking out "the Vocational RehabiHtation Act" each place it appears and inserting in lieu thereof "title I of the Rehabilitation Act of 1973". (B) Section 222(b)(3) of such Act is amended by striking out "equal" and inserting in lieu thereof "equals". (C) Section 222(b)(4) of such Act is amended by striking out "fulltime student" and inserting in lieu thereof "full-time elementary or secondary school student". (16) Section 223(d)(2)(A) of such Act is amended by striking out "an individual" and inserting in lieu thereof "An individual". (17) Section 226(b) of such Act is amended (in the matter following paragraph (2)(C)) by striking out "part (A)" and inserting in lieu thereof ^'part A". (18) The last sentence of section 230(c) of such Act is amended by striking out "(3)(f)(3)" and inserting in lieu thereof "3(f)(3)". (b)(1) Section 32(b) of such Act is amended by striking out all that follows "through" and precedes "and prior" and inserting in lieu thereof "the Fiscal Service of the Department of the Treasury". (2) Section 303(a)(4) of such Act is amended by striking out "1606(b)" and inserting in lieu thereof "3305(b)". (3) Section 303(a)(5) of such Act (as amended by the 1983 Amendments) is amended— (A) by striking out "1606(b)" and inserting in lieu thereof "3305(b)"; and (B) by striking out the punctuation mark immediately before the last proviso and inserting in lieu thereof a colon. (4) Section 303(c) of such Act is amended by striking out "That" in paragraphs (1) and (2) and inserting in lieu thereof "that". (5) Section 303(e)(2)(A)(i) of such Act is amended by striking out "child support obligatons" and inserting in lieu thereof "child support obligations". (c)(l)(A) Section 402(a)(9) of such Act is amended by striking out "use of disclosure" and inserting in lieu thereof "use or disclosure". (B) Section 402(a)(14) of such Act is amended by striking out "(A) provide that" and inserting in lieu thereof "provide (A) that". (C) Section 402(a)(19)(F)(i) of such Act is amended by striking out "or section 408" and inserting in lieu thereof "or section 472". (D) Section 402(a)(19)(G) of such Act is amended by striking out the comma before "that" in clause (iv). (E) Section 402(a) of such Act is further amended— (i) by striking out "must" immediately before the first of its 36 numbered subdivisions and inserting in lieu thereof "must—"; (ii) by indenting and aligning such numbered subdivisions (without altering any of the numbering, language, or punctuation) to the extent necessary to make each of such subdivisions a numbered paragraph with its left margin indented two ems (and with any designated internal subdivisions within such paragraphs (including the numbered subdivisions in subparagraphs (A) and (B) of paragraph (8) and in subparagraph (A) of paragraph (14) but not including such subparagraphs themselves, and not including any of the subdivisions in paragraphs (9), (10), (15), (19)(G), (25), (30), (31), (33), and (36)) being appropriately further indented and aligned as subparagraphs or clauses); (iii) by striking out "and" after the semicolon at the end of paragraph (5);

42 USC 422.

42 USC 423. 42 USC 426. 97 Stat. 425. 42 USC 430.. 42 USC 502. 42 USC 503.

)>j

^:,< 42 USC 602.

• < v;'' ^-i <:; -;:

.:.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1214

 98 STAT. 1166

42 USC 602.

42 USC 603.

42 USC 606.

42 USC 602.

42 USC 607.

42 USC 609.

42 USC 610. 42 USC 614. 42 USC 615. 42 USC 620. 42 USC 641. 42 USC 644. 42 USC 645. 42 USC 652. 42 USC 653. 42 USC 654.

PUBLIC LAW 98-369—JULY 18, 1984

(iv) by striking out "clause" each place it appears in paragraphs (15)(A), (15)(B), and (19)(F) and inserting in lieu thereof 'paragraph"; and (v) by striking out "section 402(a)(7)" in paragraph (19)(D) and inserting in lieu thereof "paragraph (7)". (F) Section 402(c) of such Act is amended by striking out "clause" each place it appears and inserting in lieu thereof "paragraph". (G) Section 402(d)(2) of such Act is amended by striking out "section 43" and "section 43(g)" and inserting in lieu thereof "section 32" and "section 32(g)", respectively. (2)(A) Section 403(b)(3) of such Act is amended by striking out all that follows "through" and precedes "and prior" and inserting in lieu thereof "the Fiscal Service of the Department of the Treasury". (B) Clause (ii) in the last sentence of section 403(j) of such Act is amended by striking out the comma after "excess payments". (3)(A) Section 406(b)(2) of such Act is amended by adding "and" after the semicolon at the end of clause (C), by striking out clause (D), and by redesignating clause (E) as clause (D). (B)(i) The last sentence of section 406(b) of such Act, and section 402(a)(19)(F)(i) of such Act, are each amended by striking out "clauses (A) through (E)" and inserting in lieu thereof "clauses (A) through (D)". (ii) Section 402(a)(26)(B) of such Act is amended by striking out 'subparagraphs (A) through (E)" and inserting in lieu thereof "clauses (A) through (D)". (4)(A) Section 407(b)(1)(C) of such Act is amended by striking out "such father", and "he" each place it appears, and by inserting in lieu thereof in each instance "such parent'. (B) Section 407(b)(2)(A) of such Act is amended by striking out "thirty days" and inserting in lieu thereof "30 days". (5) Section 409(a) of such Act is amended— (A) by striking out "vacanies" in paragraph (1)(B) and inserting in lieu thereof "vacancies"; and (B) by striking out "part (C)" in paragraph (3) and inserting in lieu thereof "part C" (6) Section 410 of such Act is amended by striking out "Food Stamp Act of 1964" in subsections (a) and (c) and inserting in lieu thereof "Food Stamp Act of 1977". (7)(A) Section 414(b)(5) of such Act is amended by striking out "receipients" and inserting in lieu thereof "recipients". (B) Section 415(b)(l)(B)(ii) of such Act is amended by striking out "determinig" and inserting in lieu thereof "determining". (8) Section 420(b) of such Act is amended by striking out the comma immediately after "preceding sentence". (9) Section 441 of such Act is amended by striking out "(a)". (10) Section 444(d) of such Act is amended by striking out "rereferred" and inserting in lieu thereof "referred". (11) Section 445(b)(l)(E) of such Act is amended by striking out "Comprehensive Employment and Training Act of 1973" and inserting in lieu thereof "Job Training Partnership Act". (12) The second sentence of section 452(c)(2) of such Act is amended by striking out "preceding section" and inserting in lieu thereof "preceding sentence". (13) Section 453(b)(2) of such Act is amended by striking out ", or the United States" and inserting in lieu thereof "of the United States". (14) Section 454 of such Act is amended—

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1215

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1167

(A) by striking out "of such parent" in paragraph (9)(C); (B) by striking out "collection and distribution," in clause (A)(ii) of paragraph (16) and inserting in lieu thereof "collection, and distribution'; and (C) by indenting paragraph (17) two ems so as to align its left margin with the margins of the preceding paragraphs, and amending such paragraph (as so indented)— (i) by striking out "to accept" and inserting in lieu thereof "provide that the State will accept", (ii) by striking out "and to impose" and inserting in lieu thereof "will impose", (iii) by striking out "to transmit" and inserting in lieu thereof "will transmit", and (iv) by striking out ", otherwise to comply" and inserting in lieu thereof "will otherwise comply". . (15) Section 456 of such Act is amended— (A) by inserting "(1)" after "SEC. 456. (a)"; (B) by striking out "(1) The amount" and inserting in lieu thereof "(2) The amount"; (C) by striking out "(2) Any" and inserting in lieu thereof "(3) Any"; and (D) by striking out "paragraphs (1)(A) and (B)" and inserting in lieu thereof "subparagraphs (A) and (B) of paragraph (2)". (16) The heading of section 458 of such Act is amended by striking out "STATES" and inserting in lieu thereof "STATES". (17) Section 462(f)(2) of such Act is amended by striking out "dependents" and inserting in lieu thereof "dependents' ". (18)(A) Section 474(b)(4)(A) of such Act is amended by striking out "subparagraph (c)" and inserting in lieu thereof "subparagraph (C)". (B) Section 474(c)(2) of such Act is amended by striking out "relvant" and inserting in lieu thereof "relevant". (C) Section 474(d)(1) of such Act is amended— (i) by striking out "and (c)" the second place it appears and inserting in lieu thereof "and (C)"; and (ii) by striking out "secretary" and inserting in lieu thereof "Secretary". (d)(1) Section 901(c) of such Act is amended by aligning paragraphs (1) through (4) (including the subparagraphs in paragraph (3)) flush with the left margin (but with appropriate indentation in the case of the subparagraphs and clauses in paragraph (1)). (2) Section 901(f) of such Act is amended by moving paragraph (3) two ems to the left, so that its left margin is in flush alignment with the margins of the other paragraphs in such section. (3) Section 904(b) of such Act is amended by striking out "the Second Liberty Bond Act, as amended," and inserting in lieu thereof "chapter 31 of title 31, United States Code,". (4) Section 908(d) of such Act is amended by striking out "5703(b)" and inserting in iieu thereof "5703". (e)(l)(A) Subparagraphs (C) and (D) of section 1101(a)(8) of such Act are amended by indenting them 2 ems so as to align their left margin with the left margin of subparagraphs (A) and (B) of such section. (B) Paragraph (9) of section 1101(a) of such Act is amended by indenting it (including subparagraphs (A) through (D) and clauses (i) and (ii) of subparagraph (O) 2 ems so as to align the left margin at the beginning of such paragraph with the left margin of paragraph (8)(A) of such section.

42 USC 656.

42 USC 658. 42 USC 662. 42 USC 674.

42 USC HOl.

42 USC 1104. 42 USC 1108. 42 USC 1301.

'

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1216

 98 STAT. 1168 42 USC 1307.

Effective date. 42 USC 1307 note.

42 USC 1314.

42 USC 1315. 42 USC 1316.

42 USC 1320b-l.

42 USC 1331-1336.

PUBLIC LAW 98-369—JULY 18, 1984

(2)(A) Section 1107(a) of such Act is amended by striking out "subchapter E of chapter 1 or subchapter A, C, or E of chapter 9 of the Internal Revenue Code," and inserting in lieu thereof "of chapter 2, 21, or 23 of the Internal Revenue Code of 1954, or of any provision of subtitle F of such Code which corresponds (within the meaning of section 7852(b) of such Code) to a provision contained in subchapter E of chapter 9 of the Internal Revenue Code of 1939,". (B) The amendment made by subparagraph (A) shall not apply to returns filed or representations made on or before the date of the enactment of this Act. (3) Section 1107(b) of such Act is amended by striking out "former wiiPe divorced," each place it appears and inserting in lieu thereof "divorced wife, divorced husband, surviving divorced wife, surviving divorced husband, surviving divorced mother, surviving divorced father,". (4)(A) Section 1114(g) of such Act is amended by striking out the period after "Code" and inserting in lieu thereof a comma. (B) Section 1114(h)(1) of such Act is amended by striking out "sections 281, 283, and 1914 of title 18 of the United States Code, and section 190 of the Revised Statutes (5 U.S.C. 99)" and insert in lieu thereof "sections 203, 205, and 209 of title 18, United States Code". (5) Section 1115(a) of such Act is amended by striking out "VI,", "602,", and "603,". (6) Section 1116 of such Act is amended— (A) by striking out "VI," in subsections (a)(1), (b), and (d); (B) by striking out "604," in subsection (a)(3); and (C) by striking out "XVI," and all that follows through "part A" in subsection (d) and inserting in lieu thereof "XVI, or XIX, or part A". (7) Section 1131(a) of such Act is amended— (A) by striking out the period after "section 204(d) of this Act" in paragraph (2)(B) and inserting in lieu thereof a comma; and (B) by moving the matter following paragraph (2)(B) two ems to the left so that it is flush with the left margin. (f) Title XIII of such Act is repealed. (g)(l) Section 1611(c) of such Act is amended by adding at the beginning thereof the following heading: "Period for Determination of Benefits".

42 USC 1382. 42 USC 1382a.

42 USC 1382b.

(2) Section 1611(g) of such Act is amended by striking out "or individuals" and inserting in lieu thereof "or such individual". (3) Section 1612(b)(2) of such Act is amended by indenting subparagraph (B) two ems so as to align its left margin with the margin of subparagraph (A). (4) Section 1612(b)(9) of such Act is amended by inserting a comma after "child". (5) The heading of section 1613(c) of such Act is amended to read as follows: "Disposal of Resources For Less Than Fair Market Value".

42 USC 1382c.

(6) Section 1614(a)(3) of such Act is amended by moving graph (E) two ems to the left, so that its left margin is alignment with the margins of the other subparagraphs section. ..,.„ ^_.,___

subparain flush in such .,...,:

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1217

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1169

(7) Section 1614(d)(l) of such Act is amended by striking out "man and women" and inserting in lieu thereof "man and woman". (8) Section 1615 of such Act is amended by striking out "the Vocational Rehabilitation Act" in subsections (a), (c), and (d) and inserting in lieu thereof "title I of the Rehabilitation Act of 1973". (9) Section 1618 of such Act is amended— (A) by moving subsection (d) two ems to the left, so that its left margin is in flush alignment with the margins of the other subsections in such section; (B) by striking out the comma after "levels of its" in such subsection (d); and (C) by inserting a comma after "1980", and after "1976" each place it appears, in such subsection. (10) Section 1621(e) of such Act is amended by striking out "severably" and inserting in lieu thereof "severally". (IIXA) Section 1631(b)(l) of such Act is amended by striking out "equity or" and inserting in lieu thereof "equity and". (B) Section 1631(b)(2) of such Act is amended by striking out "section 43" and "section 43(g)" and inserting in lieu thereof "section 32" and "section 32(g)", respectively. (12) Section 1631(d)(l) of such Act is amended by striking out "(e), and (f)" and inserting in lieu thereof "and (e)". (h)(1) Section 2002(b) of such Act is amended by striking out "section 203 of the Intergovernmental (Cooperation Act of 1968 (42 U.S.C. 4213)" and inserting in lieu thereof "section 6503 of title 31, United States Code,". (2) Section 2006(c) of such Act is amended by striking out "section 202 of the Intergovernmental Cooperation Act of 1968 (42 U.S.C. 4212)" and inserting in lieu thereof "section 6503 of title 31, United States Code". (i)(l) Section 3121(b)(l) of the Internal Revenue Code of 1954 is amended by striking out "(A)" and all that follows down through "or (B)". (2) Section 3121(i)(2) of such Code is amended by striking out "section 102(10) of the Servicemen's and Veterans' Survivor Benefits Act" and inserting in lieu thereof "chapter 3 and section 1009 of title 37, United States Code". (3) Section 3121(m)(2) of such Code is amended— (A) by striking out "section 102 of the Servicemen's and Veterans' Survivor Benefits Act" and inserting in lieu thereof "paragraph (21) of section 101 of title 38, United States Code"; and (B) by striking out "such section" and inserting in lieu thereof "paragraph (22) of such section". (4) Section 3121(m)(3) of such C!ode is amended by striking out "such section 102" and inserting in lieu thereof "paragraph (23) of such section 101". (5) Section 3121(n) of such Code is amended— (A) by striking out "a reserve component of a uniformed service as defined in section 102(3) of the Servicemen's and Veterans' Survivor Benefits Act" in the first sentence and inserting in lieu thereof "a reserve component as defined in section 101(27) of title 38, United States Code"; (B) by inserting ", the National Oceanic and Atmospheric Administration Corps," after "Coast and Geodetic Survey" in the first sentence;

31-194 0 - 86 - 39: QL. 3 Part 1

42 USC 1382c. 42 USC 1382d. 42 USC 1382g.

42 USC 1382J. 42 USC 1383.

42 USC 1397a.

42 USC 1397e.

26 USC 3121.

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1218

 98 STAT. 1170

PUBLIC LAW 98-369—JULY 18, 1984

(C) by striking out "military or naval" each place it appears in paragraph (5) and inserting in lieu thereof "military, naval, or air"; and (D) by striking out "Universal Military Training and Service Act" in paragraph (5)(B) and inserting in lieu thereof "Military SGlftctivG SftrvicG A.ct 42 USC 1301. qxD Section 1101(a)(6) of the Social Security Act is amended by striking out "means" and all that follows and inserting in lieu thereof "means the Secretary of Health and Human Services.". (2) The following provisions of such Act are amended by striking out "Health, Education, and Welfare" wherever it appears and inserting in lieu thereof "Health and Human Services": (A) In title II— (i) subsections (a)(3), (a)(4), (b)(D, (b)(2), (g)(D, (g)(2), (g)(4), 42 USC 401. a^d (i)(1) of section 201; 42 USC 418. (ii) subsections (q)(4)(B), (q)(6)(B), and (r)(1) of section 218; and 42 USC 431. (iii) subsections (b)(3) and (b)(4) of section 231; (B) in title IV— 42 USC 603. (i) subsections (b)(2) and 03X3) of section 403; 42 USC 631. (ii) subsection (a) of section 431; 42 USC 636. (iii) subsection (b) of section 436; 42 USC 639. (iv) section 439; 42 USC 641. (v) section 441; 42 USC 643. (vi) section 443; 42 USC 644. (vii) subsection (a) of section 444; 42 USC 652. (viii) subsection (a) of section 452; 42 USC 653. (ix) subsection (b)(l) of section 453; 42 USC 654. (x) paragraph (8)(B) of section 454; and 42 USC 660. (xi) section 460; (C) in title VII— 42 USC 902. (i) section 702; and 42 USC 907. (ii) subsection (c)(1) of section 706; (D) in title XI— 42 USC 1302. (i) section 1102; 42 USC 1306. (ii) subsection (b) of section 1106; 42 USC 1307. (iii) subsection (b) of section 1107; 42 USC 1314. (iv) subsection (c) of section 1114; 42 USC 1320. (v) section 1120; and 42 USC i320a-5. (vi) subsection (a) of section 1126; 42 USC 1381a. (E) in title XVI, section 1602; and (F) in title XVIII— 42 USC I395i. (i) subsections (a), (fKD, (g), and (h) of section 1817; 42 USC 1395s. (ii) subsections (a)(2) and (d)(1) of section 1840; 42 USC I395t. (iii) subsections (f), (g), (h), and (i) of section 1841; and 42 USC I395u. (iv) subsection (b)(3) of section 1842. (3) The following provisions of such Act are amended by striking out "of Health, Education, and Welfare" wherever it appears: (A) In title II— 42 USC 410. (i) subsections (a)(10)(B) and (1)(4)(A) of section 210; (ii) subsections (a)(2), (a)(3), (b)(2), (e)(2), (e)(3), and (fKD of 42 USC 417. section 217; (iii) subsections (a)(D, (c)(4), (d)(3), (d)(7), (h)(2), (h)(3), (i), Q), 42 USC 418. (k)(D, (1), and (p)(2) of section 218; 42 USC 428. (iv) subsection (g) of section 228; and 42 USC 433. (v) subsection (d) of section 233; (B) in title IV—

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Page:United States Statutes at Large Volume 98 Part 1.djvu/1219

 PUBLIC LAW 98-369—JULY 18, 1984

98 STAT. 1171

(i) subsection (a)(3) of section 403; and (ii) subsection (e) of section 407; and (C) in title XIX, section 1901. (4) Section 205(1) of such Act is amended by striking out "employee" and all that follows down through "designated" and inserting in lieu thereof "employee of the Department of Health and Human Services designated'. (5) The following provisions of the Internal Revenue Code of 1954 are amended by striking out "Health, Education, and Welfare" each place it appears and inserting in lieu thereof "Health and Human Services": (A) Subsection (d)(6)(B)(ii) of section 51; (B) subsections (c)(D, (c)(2)(E), (g)(D, (g)(3)(A), and (g)(3)(B) of section 1402; (C) subsection (b)(lOXB) of section 3121; (D) subsections (d) and (f) of section 6057; (E) subsection (1)(5) of section 6103; and (F) paragraph (5) of section 6511(d). (k) Sections 432(d), 432(fKl), 433^), and 434(b) of the Social Security Act are each amended by striking out "of Labor" wherever it appears. (1) Any reference to the Federal Security Administrator which may remain in the provisions of title II, IV, VII, or XI of the Social Security Act (other than section 1101(a)(6) of such Act) is amended— (1) by substituting "Secretary" or "Secretary's" for the term "Administrator" or "Administrator's", where the reference is to that term alone; (2) by substituting "Secretary of Health, Education, and Welfare" for the term "Federal Security Administrator", where the reference is to that term, if the provision containing such reference is amended by paragraph (2) or (3) of subsection (j) (in which case the amendment of such provision under this paragraph shall be deemed to have taken effect immediately prior to the amendment of such provision under such paragraph (2) or (3)); and (3) by substituting "Secretary of Health and Human Services" for the term "Federal Security Administrator" in any other case where the reference is to that term; and any reference to the Federal Security Agency which may remain in such provisions is amended by substituting "Department of Health and Human Services" for the term "Federal Security Agency"; but nothing in this subsection shall affect the exercise under section 402(a)(5) of such Act of the functions, powers, and duties relating to the prescription of personnel standards on a merit basis which were transferred from the Secretary of Health, Education, and Welfare by section 208(a)(3)(D) of Public Law 91-648.

42 USC 603. 42 USC 607. 42 USC 1396. 42 USC 405.

26 USC 51. 26 USC 1402. 26 USC 3121. 26 USC 6057. 26 USC 6103. 26 USC 6511. 42 USC 632, 633, ^3442 USC 1301 "o^^ 42 USC 40i, 60i, 901.130i. 42 USC 1301.

42 USC 602. 42 USC 4728.

EFFECTIVE DATES

SEC. 2664. (a) Except as otherwise specifically provided, the amendments made by sections 2661 and 2662 shall be effective as though they had been included in the enactment of the Social Security Amendments of 1983 (Public Law 98-21). (b) Except to the extent otherwise specifically provided in this subtitle, the amendments made by section 2663 shall be effective on the date of the enactment of this Act; but none of such amendments shall be construed as changing or affecting any right, liability,

42 USC 40i note. ^/l^^' PP 11^6, 97 Stat. 65. 42 USC 1305 ^^f- ,,gQ " ^' P

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