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PUBLIC LAW 99-272—APR. 7, 1986

SEC. 12105. ELIMINATION OF REQUIREMENT FOR PUBLICATION OF REVISIONS IN PRE-1979 BENEFIT TABLE. 42 USC 415. Section 215(i)(4) of the Social Security Act is amended by striking out "the Secretary shall publish" and all that follows in the last sentence and inserting in lieu thereof the following: "the Secretary shall revise the table of benefits contained in subsection (a), as in effect in December 1978, in accordance with the requirements of paragraph (2)(D) of this subsection as then in effect, except that the requirement in such paragraph (2)(D) that the Secretary publish such revision of the table of benefits in the Federal Register shall not apply.". SEC. 12106. FORMULA CLARIFICATION. 42 USC 910. Section 709(b)(1) of the Social Security Act is amended to read as follows: "(1) the balance in such Trust Fund as of the beginning of 42 USC 401. such year, including the taxes transferred under section 201(a) on the first day of such year and reduced by the outstanding amount of any loan (including interest thereon) theretofore 42 USC 13951. made to such Trust Fund under section 201(1) or 1817(j), to". SEC. 12107. EXTENSION OF 15-MONTH RENTITLEMENT PERIOD TO CHILDHOOD DISABILITY BENEFICIARIES SUBSEQUENTLY ENTITLED. 42 USC 402. (a) IN GENERAL.—Section 202(d)(6)(E) of the Social Security Act is amended by striking out "the third month following the month in which he ceases to be under such disability" and inserting in lieu thereof "the termination month (as defined in paragraph (l)(G)(i)), subject to section 223(e),". 42 USC 423. (b) CONFORMING AMENDMENT.—Section 223(e) of such Act is amended by inserting "(d)(6)(A)(ii), (d)(6)(B)," after "(d)(l)(B)(ii),". 42 USC 402 note. (c) EFFECTIVE DATE.—The amendments made by this section are effective December 1, 1980, and shall apply with respect to any individual who is under a disability (as defined in section 223(d) of the Social Security Act) on or after that date. SEC. 12108. CHARGING OF WORK DEDUCTIONS AGAINST AUXILIARY BENEFITS IN DISABILITY CASES. 42 USC 403. (a) IN GENERAL.—(1) Section 203(a)(4) of the Social Security Act is amended by striking out "preceding" in the first sentence. (2) Section 203(a)(6) of such Act is amended— (A) by striking out "and (5)" and inserting in lieu thereof "(4), and (5)"; and (B) by striking out ", whether or not" and all that follows down through "further reduced" and inserting in lieu thereof "shall be reduced". 42 USC 403 note. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to benefits payable for months after December 1985. SEC. 12109. PERFECTING AMENDMENTS TO DISABILITY OFFSET PROVISION. 42 USC 424a. (a) IN GENERAL.—(1) Section 224(a)(2) of the Social Security Act is amended to read as follows: "(2) such individual is entitled for such month to— "(A) periodic benefits on account of his or her total or partial disability (whether or not permanent) under a work-

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100 STAT. 287

men's compensation law or plan of the United States or a State, or "(B) periodic benefits on account of his or her total or partial disability (whether or not permanent) under any other law or plan of the United States, a State, a political subdivision (as that term is used in section 218(b)(2)), or an instrumentality of two or more States (as that term is used in section 218(k)), other than (i) benefits payable under title 38, United States Code, (ii) benefits payable under a program of assistance which is based on need, (iii) benefits based on service all or substantially all of which was included under an agreement entered into by a State and the Secretary under section 218, and (iv) benefits under a law or plan of the United States based on service all or part of which is employment as defined in section 210,". (2) Section 224(a)(2)(B) of such Act (as amended by paragraph (1) of this subsection) is further amended by striking out "all or part of which" in clause (iv) and inserting in lieu thereof "all or substantially all of which". (b) EFFECTIVE DATES.—(1) The amendment made by subsection (a)(1) shall be effective as though it had been included or reflected in the amendment made by section 2208(a)(3) of the Omnibus Budget Reconciliation Act of 1981. (2) The amendment made by subsection (a)(2) shall apply only with respect to monthly benefits payable on the basis of the wages and self-employment income of individuals who become disabled (within the meaning of section 223(d) of the Social Security Act) after the month in which this Act is enacted.

42 USC 418.

42 USC 410. 42 USC 424a.

42 USC 424a ^°^42 USC 424a.

42 USC 423.

SEC. 12110. STATE COVERAGE AGREEMENTS. (a) MAXIMUM PERIOD OF RETROACTIVE COVERAGE.—Section 218(f)(1)

of the Social Security Act is amended by striking out "is agreed to 42 USC 418. by the Secretary and the State" and inserting in lieu thereof "is mailed or delivered by other means to the Secretary". O> POSITIONS COMPENSATED SOLELY ON FEE BASIS.—Section t)

218(u)(3) of such Act is amended by striking out "is agreed to by the Secretary and the State" and inserting in lieu thereof "is mailed or delivered by other means to the Secretary". (c) EFFECTIVE DATE.—The amendments made by this section shall 42 USC 418 note, apply with respect to agreements and modifications of agreements which are mailed or delivered to the Secretary of Health and Human Services (under section 218 of the Social Security Act) on or after the date of the enactment of this Act. SEC. 12111. EFFECT OF EARLY DELIVERY OF BENEFIT CHECKS.

(a) FOR O A S D I PURPOSES.—Section 708 of the Social Security

Act is amended by adding at the end thereof the following new 42 USC 909. subsection: "(c) For purposes of computing the 'OASDI trust fund ratio' under section 201(1), the 'OASDI fund ratio' under section 215(i), and the 42 USC 401. 'balance ratio' under section 709(b), benefit checks delivered before ^ | USC 415. the end of the month for which they are issued by reason of subsection (a) of this section shall be deemed to have been delivered on the regularly designated delivery date.". (b) FOR INCOME TAX PURPOSES.—Section 86(d) of the Internal

Revenue Code of 1954 (relating to taxation of social security and tier

26 USC 86.

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1 railroad retirement benefits) is amended by adding at the end thereof the following new paragraph: "(5) EFFECT OF EARLY DELIVERY OF BENEFIT CHECKS.—For purposes of subsection (a), in any case where section 708 of the 42 USC 909. Social Security Act causes social security benefit checks to be delivered before the end of the calendar month for which they are issued, the benefits involved shall be deemed to have been received in the succeeding calendar month.". 42 USC 909 note. (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to benefit checks issued for months ending after the date of the enactment of this Act. SEC. 12112. EXEMPTION FROM SOCIAL SECURITY COVERAGE FOR RETIRED FEDERAL JUDGES ON ACTIVE DUTY. (a) AMENDMENT TO SOCIAL SECURITY ACT.—Section 209 of

the

42 USC 409.

Social Security Act is amended in the third to the last paragraph thereof (added by section 101(c)(1) of the Social Security Amendments of 1983) by striking out "shall, subject to the provisions of subsection (a) of this section, include" and inserting in lieu thereof "shall not include". (b) AMENDMENT TO INTERNAL REVENUE CODE.—Section 3121(i)(5) of 26 USC 3121. the Internal Revenue Code of 1954 is amended by striking out "shall, subject to the provisions of subsection (a)(1) of this section, include" and inserting in lieu thereof "shall not include". 42 USC 409 note. (c) EFFECTIVE DATE.—The amendments made by this section shall be effective with respect to service performed after December 31,

1983.

42 USC 404.

42 USC 1383.

SEC. 12113. RECOVERY OF OVERPAYMENTS. (a) OASDI PAYMENTS.—Section 204(a) of the Social Security Act is amended— (1) by inserting "(1)" after "204(a)"; (2) by redesignating paragraphs (1) and (2) as subparagraphs (A) and (B); and (3) by adding at the end thereof the following new paragraph: "(2) Notwithstanding any other provision of this section, when any payment of more than the correct amount is made to or on behalf of an individual who has died, and such payment— "(A) is made by direct deposit to a financial institution; "(B) is credited by the financial institution to a joint account of the deceased individual and another person; and "(C) such other person was entitled to a monthly benefit on the basis of the same wages and self-employment income as the deceased individual for the month preceding the month in which the deceased individual died, the amount of such payment in excess of the correct amount shall be treated as a payment of more than the correct amount to such other person.". (b) SSI PAYMENTS.—Section 1631(b) of the Social Security Act is amended by redesignating paragraphs (2) through (4) as paragraphs (3) through (5), and by inserting after paragraph (1) the following new paragraph: "(2) Notwithstanding any other provision of this section, when any payment of more than the correct amount is made to or on behalf of an individual who has died, and such payment— "(A) is made by direct deposit to a financial institution;

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"(B) is credited by the financial institution to a joint account of the deceased individual and another person; and "(C) such other person is the surviving spouse of the deceased individual, and was eligible for a payment under this title (including any State supplementation payment paid by the Secretary) as an eligible spouse (or as either member of an eligible couple) for the month in which the deceased individual died, the amount of such payment in excess of the correct amount shall be treated as a payment of more than the correct amount to such other person.". (c) EFFECTIVE DATE.—The amendments made by this section shall 42 USC 404 apply only in the case of deaths of which the Secretary is first "^te. notified on or after the date of the enactment of this Act. SEC. 12114. COVERAGE OF CONNECTICUT STATE POLICE.

Notwithstanding any provision of section 218 of the Social Secu- 42 USC 418 rity Act, the Secretary of Health and Human Services shall, upon ^°^^the request of the Governor of Connecticut, modify the agreement under such section between the Secretary and the State of Connecticut to provide that service performed after the date of the enactment of this Act by members of the Division of the State Police within the Connecticut Department of Public Safety, who are hired on or after May 8, 1984, and who are members of the tier II plan of the Connecticut State Employees Retirement System, shall be covered under such agreement. SEC. 12115. GENERAL EFFECTIVE DATE OF SUBTITLE. Except as otherwise specifically provided, the preceding provisions of this subtitle, including the amendments made thereby, shall take effect on the first day of the month following the month in which this Act is enacted.

42 USC 415 ^°^-

Subtitle B—Supplemental Security Income Program SEC. 12201. AMENDMENTS UNDER SSI. (a)

RELATING

TO

STATE

SUPPLEMENTATION

PASSTHROUGH RELATING TO OPTIONAL STATE SUPPLEMENTA-

TION.—Section 1618 of the Social Security Act is amended by adding at the end thereof the following new subsection: "(f) The Secretary shall not find that a State has failed to meet the requirements imposed by subsection (a) with respect to the levels of its supplementary payments for the period January 1, 1984, through December 31, 1985, if in the period January 1, 1986, through December 31, 1986, its supplementary payment levels (other than to recipients of benefits determined under section 1611(e)(1)(B)) are not less than those in effect in December 1976, increased by a percentage equal to the percentage by which payments under section 1611(b) of this Act and section 211(a)(1)(A) of Public Law 93-66 have been increased as a result of all adjustments under section 1617(a) and (c) which have occurred after December 1976 and before February 1986.".

71-194 0 - 89 - 12: QL 3 Parti

42 USC I382g.

42 USC 1382. 42 USC 1382 "°*®^^ ^ ° ^ ^^^^^•

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PUBLIC LAW 99-272—APR. 7, 1986 (b) FEDERAL ADMINISTRATION OF STATE SUPPLEMENTATION.—Sec-

42 USC I382e.

tion 1616(b) of such Act is amended by adding at the end thereof (after and below paragraph (2)) the following new sentence: "At the option of the State (but subject to paragraph (2) of this subsection), the agreement between the Secretary and such State entered into under subsection (a) shall be modified to provide that the Secretary will make supplementary payments, on and after an effective date to be specified in the agreement as so modified, to individuals receiving benefits determined under section

42 USC 1382.

1611(e)(l)(B).". SEC. 12202. PRESERVATION OF BENEFIT STATUS FOR DISABLED WIDOWS AND WIDOWERS WHO LOST SSI BENEFITS BECAUSE OF 1983 CHANGES IN ACTUARIAL REDUCTION FORMULA.

42 USC 1383c.

Insurance. 42 USC 402. 42 USC 1396.

42 USC 415. 42 USC 401.

42 USC 402 and note.

(a) IN GENERAL.—Section 1634 of the Social Security Act is amended— (1) by inserting "(a)" after "SEC. 1634.", and (2) by adding at the end the following new subsection: "(b)(1) An eligible disabled widow or widower (described in paragraph (2)) who is entitled to a widow's or widower's insurance benefit based on a disability for any month under section 202(e) or (f) but is not eligible for benefits under this title in that month, and who applies for the protection of this subsection under paragraph (3), shall be deemed for purposes of title XIX to be an individual with respect to whom benefits under this title are paid in that month if he or she— "(A) has been continuously entitled to such widow's or widower's insurance benefits from the first month for which the increase described in paragraph (2)(C) was reflected in such benefits through the month involved, and "(B) would be eligible for benefits under this title in the month involved if the amount of the increase described in paragraph (2)(C) in his or her widow's or widower's insurance benefits, and any subsequent cost-of-living adjustments in such benefits under section 215(i), were disregarded. "(2) For purposes of paragraph (1), the term 'eligible disabled widow or widower' means an individual who— "(A) was entitled to a monthly insurance benefit under title II for December 1983, "(B) was entitled to a widow's or widower's insurance benefit based on a disability under section 202(e) or (1) for January 1984 and with respect to whom a benefit under this title was paid in that month, and "(C) because of the increase in the amount of his or her widow's or widower's insurance benefits which resulted from the amendments made by section 134 of the Social Security Amendments of 1983 (Public Law 98-21) (eliminating the additional reduction factor for disabled widows and widowers under age 60), was ineligible for benefits under this title in the first month in which such increase was paid to him or her (and in which a retroactive payment of such increase for prior months was not made). "(3) This subsection shall only apply to an individual who files a written application for protection under this subsection, in such manner and form as the Secretary may prescribe, during the 15month period beginning with the month in which this subsection is enacted.

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"(4) For purposes of this subsection, the term 'benefits under this title' includes payments of the type described in section 1616(a) or of the type described in section 212(a) of Public Law 93-66.". (b) IDENTIFICATION OF BENEFICIARIES.—(1) As soon as possible after the date of the enactment of this Act, the Secretary of Health and Human Services shall provide each State with the names of all individuals receiving widow's or widower's insurance benefits under subsection (e) or (f) of section 202 of the Social Security Act based on a disability who might qualify for medical assistance under the plan of that State approved under title XIX of such Act by reason of the application of section 1634(b) of the Social Security Act. (2) Each State shall— (A) using the information so provided and any other information it may have, promptly notify all individuals who may qualify for medical assistance under its plan by reason of such section 1634(b) of their right to make application for such assistance, (B) solicit their applications for such assistance, and (C) make the necessary determination of such individuals' eligibility for such assistance under such section and under such title XIX. (c) EFFECTIVE DATE.—The amendment made by subsection (a)(2) shall not have the effect of deeming an individual eligible for medical assistance for any month which begins less than two months after the date of the enactment of this Act.

42 USC 1382e. 42 USC 1382 note. 42 USC 1383c note. 42 USC 402. 42 USC 1396. 42 USC 1383c.

42 USC 1383c note.

Subtitle C—AFDC, Adoption Assistance, and Foster Care Programs SEC. 12301. AFDC QUALITY CONTROL STUDIES AND PENALTY MORATORIUM

(a) STUDIES.—(1) The Secretary of Health and Human Services (hereafter referred to in this section as the "Secretary") shall conduct a study of quality control systems for the Aid to Families with Dependent Children Program under title IV-A of the Social Security Act and for the Medicaid Program under title XIX of such Act. The study shall examine how best to operate such systems in order to obtain information which will allow program managers to improve the quality of administration, and provide reasonable data on the basis of which Federal funding may be withheld for States with excessive levels of erroneous payments. (2) The Secretary shall also contract with the National Academy of Sciences to conduct a concurrent independent study for the purpose described in paragraph (1). For purposes of such study, the Secretary shall provide to the National Academy of Sciences any relevant data available to the Secretary at the onset of the study and on an ongoing basis. (3) The Secretary and the National Academy of Sciences shall report the results of their respective studies to the Congress within one year after the date of the enactment of this Act. (b) MORATORIUM ON PENALTIES.—(1) During the 24-month period

beginning with the first calendar quarter which begins after the date of the enactment of this Act (hereafter in this section referred to as the "moratorium period"), the Secretary shall not impose any reductions in payments to States pursuant to section 403(i) of the

42 USC 603 note.

42 USC 601. 42 USC 1396.

Contracts,

Reports.

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 100 STAT. 292 42 USC 603. 42 USC 601. Puerto Rico. Guam. Virgin Islands. American Samoa. Northern Mariana Islands. Regulations. 42 USC 1396.

State and local governments.

PUBLIC LAW 99-272—APR. 7, 1986

Social Security Act (or prior regulations), or pursuant to any comparable provision of law relating to the programs under title IV-A of such Act in Puerto Rico, Guam, the Virgin Islands, American Samoa, or the Northern Mariana Islands. (2) During the moratorium period, the Secretary and the States shall continue to operate the quality control systems in effect under title IV-A of the Social Security Act, and to calculate the error rates under the provisions referred to in paragraph (1). (c) RESTRUCTURED QUAUTY CONTROL SYSTEMS.—(1) Not later than 18 months after the date of the enactment of this Act, the Secretary shall publish regulations which shall— (A) restructure the quality control systems under titles IV-A and XIX of the Social Security Act to the extent the Secretary determines to be appropriate, taking into account the studies conducted under subsection (a); and (B) establish, taking into account the studies conducted under subsection (a), criteria for adjusting the reductions which shall be made for quarters prior to the implementation of the restructured quality control systems so as to eliminate reductions for those quarters which would not be required if the restructured quality control systems had been in effect during those quarters. (2) Beginning with the first calendar quarter after the moratorium period, the Secretary shall implement the revised quality control systems, and shall reduce payments to States— (A) for quarters after the moratorium period in accordance with the restructured quality control systems; and (B) for quarters in and before the moratorium period, as provided under the regulations described in paragraph (1)(B). (d) EFFECTIVE DATE.—This section shall become effective on the date of the enactment of this Act. SEC. 12303. A F D C AUTOMATION REQUIREMENTS.

(a) IN GENERAL.—Section 402(e)(2) of the Social Security Act is amended by adding at the end thereof the following new subparagraph: State and local "(C) If the Secretary determines that such a system has not been governments. implemented by the State by the date specified for implementation in the State's advance automatic data processing planning document, then the Secretary shall reduce payments to such State, in accordance with section 403(b), in an amount equal to 40 percent of 42 USC 603. the expenditures referred to in section 403(a)(3)(B) with respect to which payments were made to the State under section 403(a)(3)(B). The Secretary may extend the deadline for implementation if the State demonstrates to the satisfaction of the Secretary that the State cannot implement such system by the date specified in such planning document due to circumstances beyond the State's control.". Ob) EFFECTIVE DATE.—The amendment made by subsection (a) State and local governments. shall become effective on the date of the enactment of this Act, but 42 USC 602 note. shall apply only with respect to sums expended by the States for the purposes described in section 403(a)(3)(B) of the Social Security Act on or after the date of the enactment of this Act. 42 USC 602.

SEC. 12304. THIRD-PARTY LIABILITY. 42 USC 602.

(a) IN GENERAL.—Section 402(a)(26) of the Social Security Act is amended—

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(1) by striking out the comma at the end of subparagraph (A) and inserting in lieu thereof a semicolon; (2) by adding "and" after the semicolon at the end of subparagraph (B); and (3) by adding after subparagraph (B) the following new subparagraph: "(C) to cooperate with the State in identifying, and providing information to assist the State in pursuing, any third party who may be liable to pay for care and services available under the State's plan for medical assistance under title XIX, unless such individual has good cause for refusing to cooperate as determined by the State agency in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the individuals involved; but the State shall not be subject to any financial penalty in the administration or enforcement of this subparagraph as a result of any monitoring, quality control, or auditing requirements;", (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply to calendar quarters beginning on or after the date of the enactment of this Act.

State and local governments. 42 USC 1396.

42 USC 602 note.

SEC. 12305. PROVISIONS RELATING TO MEDICAID COVERAGE UNDER THE ADOPTION ASSISTANCE AND FOSTER CARE PROGRAMS.

(a) IN GENERAL.—Section 473(b) of the Social Security Act is amended to read as follows: "(b) For purposes of titles XIX and XX, any child— "(1)(A) who is a child described in subsection (a)(1), and "(B) with respect to whom an adoption assistance agreement is in effect under this section (whether or not adoption assistance payments are provided under the agreement or are being made under this section), including any such child who has been placed for adoption in accordance with applicable State and local law (whether or not an interlocutory or other judicial decree of adoption has been issued), or "(2) with respect to whom foster care maintenance payments are being made under section 472, shall be deemed to be a dependent child as defined in section 406 and shall be deemed to be a recipient of aid to families with dependent children under part A of this title in the State where such child resides.". (b) CONFORMING AMENDMENTS.—(1) Section 473(c)(2) of such Act is amended— (A) by striking out "without providing adoption assistance" in clause (A) and inserting in lieu thereof "without providing adoption assistance under this section or medical assistance under title XIX"; and (B) by inserting "or medical assistance under title XIX" before the period at the end thereof. (2) Section 475(3) of such Act is amended by striking out "the adoption assistance payments and any additional services and assistance" in clause (A) of the first sentence and inserting in lieu thereof "any adoption assistance payments and any other services and assistance". (3) Section 1902(a)(10)(A)(i)(I) of such Act is amended by striking out "or 406(h)" and inserting in lieu thereof ", 406(h), or 473(b)".

42 USC 673. 42 USC 1396, 1397.

42 USC 672. 42 USC 606.

42 USC 675.

42 USC I396a.

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28

Of all Indian tribes, the Sioux Nation has for a long time been regarded as the most important, not only on account of their numerical strength and warlike qualities, but also on account of their geographical location and the many conflicts which for years have disturbed our relations with them. One after another the different bands composing that nation have been pacified, until finally only one of their prominent men, Sitting Bull, and with him a number of restless spirits belonging to different bands, appear to be the only nucleus of a hostile organization. When this administration came into office Sitting Bull with his warriors had fled across the line of the British possessions. A commission, with General Terry at its head, was sent there with the offer that the hostiles might return to the United States if they would give up their arms and horses and consent to be distributed among the different Sioux agencies. That offer was rejected, and it was then hoped that Sitting Bull and his followers might be kept on British territory without a further serious interruption of the peace of our northern frontier. But it soon appeared that the British authorities could not, at any rate did not, keep Sitting Bull and his band of hostiles on the northern side of the line, and that the latter, driven by want, would come upon the territory of the United States for the purpose of hunting, on which occasions they caused much annoyance to the white settlers as well as to our friendly and peaceable Indians. In September last I visited Fort Keogh for the purpose of informing myself of the condition of things in that region, and it became clear to me that Sitting Bull and his band, although they had been repeatedly driven back, would remain a cause of disquietude in the Upper Missouri country until the British authorities could be induced to remove them into the interior of the British possessions far from the American line and there subsist them, which hope it seemed useless to entertain any longer, or until on this side of the line their surrender to the authorities of the United States could be effected. As at last the latter seemed to be the only solution of the problem, measures were pushed to effect the disintegration of that hostile band, and to bring them gradually under the control of this government. A large number of them have surrendered to the military posts near the northern frontier, especially at Fort Keogh, and under the direction of General Miles have been successfully set to work there. It is hoped that the small remnant of them still under the control of Sitting Bull will gradually follow that example. When that is accomplished, measures are to be taken so to locate them that they may become permanently settled and cease to be a disturbing element.

The other bands of the Sioux Nation, comprising nearly nine-tenths of its whole numerical strength, located at different agencies in the northern, eastern, and southern part of Dakota, have made very


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42 USC

42 USC

42 USC 42 USC

PUBLIC LAW 99-272—APR. 7, 1986

(c) EFFECTIVE DATE.—The amendments m a d e by this section shall apply to medical assistance furnished in or after the first calendar q u a r t e r beginning more than 90 days after the date of the enactm e n t of this Act.

SEC. 12306. EXTENSION OF VOLUNTARY PLACEMENT, AND CEILING AND TRIGGER PROVISIONS, RELATING TO FOSTER CARE. 674. (a) Section 474(b) of the Social Security Act is amended— (1) in paragraph s (1), (2)(B), and (4)(B), by striking out "1985" and inserting in lieu thereof "1987"; (2) in paragraph (2)(A)— (A) by inserting " and " a t the end of clause (ii), and (B) by striking out clauses (iii), (iv), and (v) and inserting in lieu thereof the following: "(iii) with respect to each of the fiscal years 1983 through 620. 1987, only if the a m o u n t appropriated under section 420 for such fiscal year is equal to $266,000,000."; and (3) in paragraph (5)(A)— (A) by striking out "October 1, 1985" and inserting in lieu thereof "October 1, 1987", and (B) in clause (ii), by striking out "1984 and 1985" and inserting in lieu thereof "1984 through 1987". (b) Paragraph s (1) and (2) of section 474(c) of such Act a r e each amended by striking out "1985" and inserting in lieu thereof "1987". (c)(1) Section 102(a)(1) of the Adoption Assistance and Child Wel672 note, fare Act of 1980 (Public Law 96-272) is amended by striking out "1985" and inserting in lieu thereof "1987". 672 note. (2) Section 102(c) of such Act is amended by striking out "1985" each place it a p p e a r s and inserting in lieu thereof "1987". SEC. 12307. INDEPENDENT LIVING INITIATIVES. (a) INDEPENDENT L IV I N G I N I T I A T IV E S. — Part E of title IV of

the

Social Security Act is amended by adding a t the end thereof the following new section: INDEPENDENT LIVING INITIATIVES State and local governments.

42 USC 677.

State and local governments. Contracts.

"SEC. 477. (a) Payments shall be made in accordance with this section for the purpose of assisting States and localities in establishing and carrying out programs designed to assist children, with respect to whom foster care maintenance payments are being made by the State under this part and who have attained age 16, in making the transition from foster care to independent living. Any State which provides for the establishment and carrying out of one or more such programs in accordance with this section for a fiscal year shall be entitled to receive payments under this section for such fiscal year, in an amount determined under subsection (e). Such payments shall be made only for the fiscal years 1987 and 1988. "(b) The State agency administering or supervising the administration of the State's programs under this part shall be responsible for administering or supervising the administration of the State's programs described in subsection (a). Payment under this section shall be made to the State, and shall be used for the purpose of conducting and providing in accordance with this section (directly or under contracts with local governmental entities or private non-

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profit organizations) the activities and services required to carry out the program or programs involved. "(c) In order for a State to receive payments under this section for any fiscal year, the State agency must submit to the Secretary, in such manner and form as the Secretary may prescribe, a description of the program together with satisfactory assurances that the program will be operated in an effective and efficient manner and will otherwise meet the requirements of this section. In the case of payments for fiscal year 1987, such description and assurances must be submitted within 90 days after the Secretary promulgates regulations as required under subsection (i), and in the case of payments for fiscal year 1988, such description and assurances must be submitted prior to January 1, 1988. "(d) In carrying out the purpose described in subsection (a), it shall be the objective of each program established under this section to help the individuals participating in such program to prepare to live independently upon leaving foster care. Such programs may include (subject to the availability of funds) programs to— "(1) enable participants to seek a high school diploma or its equivalent or to take part in appropriate vocational training; "(2) provide training in daily living skills, budgeting, locating and maintaining housing, and career planning; "(3) provide for individual and group counseling; "(4) integrate and coordinate services otherwise available to participants; "(5) provide for the establishment of outreach programs designed to attract individuals who are eligible to participate in the program; "(6) provide each participant a written transitional independent living plan which shall be based on an assessment of his needs, and which shall be incorporated into his case plan, as described in section 475(1); and "(7) provide participants with other services and assistance designed to improve their transition to independent living. "(e)(1) The amount to which a State shall be entitled under section 474(a)(4) for each of the fiscal years 1987 and 1988 shall be an amount which bears the same ratio to $45,000,000 as such State's average number of children receiving foster care maintenance payments under this part in fiscal year 1984 bears to the total of the average number of children receiving such payments under this part for all States for fiscal year 1984. "(2) If any State does not apply for funds under this section for any fiscal year within the time provided in subsection (c), the funds to which such State would have been entitled for such fiscal year shall be reallocated to one or more other States on the basis of their relative need for additional payments under this section (as determined by the Secretary). "(3) Any amounts payable to States under this section shall be in addition to amounts payable to States under subsections (a)(1), (a)(2), and (a)(3) of section 474, and shall supplement and not replace any other funds which may be available for the same general purposes in the localities involved. "(f) Payments made to a State under this section for any fiscal year— "(1) shall be used only for the specific purposes described in this section;

State and local governments.

Education,

42 USC 675.

State and local governments. 42 USC 674.

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"(2) may be made on an estimated basis in advance of the determination of the exact amount, with appropriate subsequent adjustments to take account of any error in the estimates; and "(3) shall be expended by such State in such fiscal year or in the succeeding fiscal year. Reports. "(g)(1) Not later than March 1, 1988, each State shall submit to the Secretary a report on the programs carried out with the amounts received under this section. Such report— "(A) shall be in such form and contain such information as may be necessary to provide an accurate description of such activities, to provide a complete record of the purposes for which the funds were spent, and to indicate the extent to which the expenditure of such funds succeeded in accomplishing the purpose described in subsection (a); and "(B) shall specifically contain such information as the Secretary may require in order to carry out the evaluation under paragraph (2). "(2) Not later than July 1, 1988, the Secretary, on the basis of the reports submitted by States under paragraph (1) for the fiscal year 1987, and on the basis of such additional information as the Secretary may obtain or develop, shall evaluate the use by States of the , payments made available under this section for such fiscal year with respect to the purpose of this section, with the objective of appraising the achievements of the programs for which such payments were made available, and developing comprehensive information and data on the basis of which decisions can be made with respect to the improvement of such programs and the necessity for providing further payments in subsequent years. The Secretary shall report such evaluation to the Congress. As a part of such evaluation, the Secretary shall include, at a minimum, a detailed overall description of the number and characteristics of the individuals served by the programs, the various kinds of activities conducted and services provided and the results achieved, and shall set forth in detail findings and comments with respect to the various State programs and a statement of plans and recommendations for the future. "(h) Notwithstanding any other provision of this title, payments made and services provided to participants in a program under this section, as a direct consequence of their participation in such program, shall not be considered as income or resources for purposes of determining eligibility (or the eligibility of any other persons) for aid 42 USC 602, 671. under the State's plan approved under section 402 or 471, or for purposes of determining the level of such aid. Regulations. "(i) The Secretary shall promulgate final regulations for implementing this section within 60 days after the date of the enactment of this section.". 42 USC 675. (b) CASE PLANS.—Section 475(1) of such Act is amended by adding at the end thereof the following: "Where appropriate, for a child age 16 or over, the case plan must also include a written description of the programs and services which will help such child prepare for the transition from foster care to independent living.". 42 USC 674. (c) PAYMENTS TO STATES.—Section 474(a) of such Act is amended— (1) by striking out the period at the end of paragraph (3) and inserting in lieu thereof "; plus"; and (2) by adding at the end thereof the following new paragraph: "(4) an amount for transitional independent living proAnte, p. 294. grams as provided in section 477.".

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(d) CONFORMING AMENDMENT,—Section 470 of such Act is 42 USC 670. amended by striking out "foster care and adoption assistance" and inserting in lieu thereof "foster care, adoption assistance, and transitional independent living programs".

Subtitle D—Provisions Relating to Unemployment Compensation SEC. 12401. RECOVERY OF UNEMPLOYMENT BENEFIT OVERPAYMENTS.

(a) IN GENERAL.—(1) Section 303(a)(5) of the Social Security Act is amended by inserting before "; and" at the end thereof the following: ": Provided further, That amounts may be deducted from unemployment benefits and used to repay overpayments as provided in subsection (g)". (2) Section 303 of such Act is amended by adding at the end thereof the following new subsection: "(g)(1) A State may deduct from unemployment benefits otherwise payable to an individual an amount equal to any overpayment made to such individual under an unemployment benefit program of the United States or of any other State, and not previously recovered. The amount so deducted shall be paid to the jurisdiction under whose program such overpayment was made. Any such deduction shall be made only in accordance with the same procedures relating to notice and opportunity for a hearing as apply to the recovery of overpayments of regular unemployment compensation paid by such State. "(2) Any State may enter into an agreement with the Secretary of Labor under which— "(A) the State agrees to recover from unemployment benefits otherwise payable to an individual by such State any overpayments made under an unemployment benefit program of the United States to such individual and not previously recovered, in accordance with paragraph (1), and to pay such amounts recovered to the United States for credit to the appropriate account, and "(B) the United States agrees to allow the State to recover from unemployment benefits otherwise payable to an individual under an unemployment benefit program of the United States any overpayments made by such State to such individual under a State unemployment benefit program and not previously recovered, in accordance with the same procedures as apply under paragraph (1). "(3) For purposes of this subsection, 'unemployment benefits' means unemployment compensation, trade adjustment allowances, and other unemployment assistance,". Oa) CONFORMING AMENDMENTS.—(1) Section 3304(a)(4) of the Internal Revenue Code of 1954 is amended— (A) by striking out "and" at the end of subparagraph (B); (B) by adding "and" at the end of subparagraph (C); and (C) by adding at the end thereof the following new subparagraph: "(D) amounts may be deducted from unemployment benefits and used to repay overpayments as provided in section 303(g) of the Social Security Act;". (2) Section 3306(f) of such Code is amended—

42 USC 503.

State and local governments.

26 USC 3304.

26 USC 3306.

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(A) by striking out "and" at the end of paragraph (1); (B) by striking out the period at the end of paragraph (2) and inserting in lieu thereof ", and"; and (C) by adding at the end thereof the following new paragraph: "(3) amounts may be deducted from unemployment benefits and used to repay overpayments as provided in section 303(g) of the Social Security Act.", 42 USC 503. (c) EFFECTIVE DATE.—The amendments made by this section shall 42 USC 503 note. apply to recoveries made on or after the date of the enactment of this Act and shall apply with respect to overpayments made before, on, or after such date. SEC. 12402. SUPPLEMENTAL UNEMPLOYMENT COMPENSATION FOR CERTAIN INDIVIDUALS. 26 USC 3304 note.

26 USC 3304 note.

26 USC 3304 note.

State and local governments.

Armed Forces.

42 USC 5121 note.

(a) IN GENERAL.—If—

(1) an individual was receiving Federal supplemental compensation for the week which includes March 31, 1985, or a series of consecutive weeks which began with such week, and (2) such individual did not meet the consecutive-week eligibility requirements of the Federal Supplemental Compensation Act of 1982 during any period of 1 or more subsequent weeks by reason of performing temporary disaster services described in subsection (e), weeks in such period shall be disregarded for purposes of the consecutive-week requirement of section 602(f)(2)(B) of such Act, and, notwithstanding the requirements of State law relating to the availability for work, the active search for work, or the refusal to accept work, such individual shall be entitled to payment of Federal supplemental compensation for each week of unemployment which is described in subsection (b) and for which a certification of unemployment is made by such individual in accordance with subsection (c). (b) WEEKS FOR WHICH PAYMENT SHALL B E MADE.—A week of unemployment for which payment shall be made under subsection (a) is a week which occurred during the period which commences with the first week beginning after the close of the period described in subsection (a)(2) and ends with the beginning of the first week in which the individual was employed after the close of such period. (c) CERTIFICATION.—The certification of unemployment referred to in subsection (a) shall be a certification— (1) that is made on a form provided by the State agency concerned and signed by the individual; and (2) that identifies the weeks of unemployment for which the individual is making the certification. (d) LIMITATION ON AMOUNT OF PAYMENT.—In no case may the total amount paid to an individual under subsection (a) exceed the amount remaining in the account established for such individual under section 602(e) of the Federal Supplemental Compensation Act of 1982 after payments were made from such account for weeks of unemployment beginning before the period described in subsection (a)(2). (e) DEFINITION.—For purposes of subsection (a), the term "temporary disaster services" means services performed as a member of the National Guard after being called up by the Governor of a State to perform services related to a major disaster that was declared on June 3, 1985, by the President of the United States under the Disaster Relief Act of 1974.

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(f) MODIFICATION OF AGREEMENT.—(1) The Secretary of Labor shall, at the earliest possible date after the date of the enactment of this Act, propose to any State concerned a modification of the agreement that the Secretary hgis with such State under section 602 of the Federal Supplemental Compensation Act of 1982 in order to carry out this section. (2) Pending modification of the agreement, the State may make payment in accordance with the provisions of this section and shall be reimbursed in accordance with the provisions of section 604(a) of the Federal Supplemental Compensation Act of 1982. For purposes of carrying out this paragraph, the term "this subtitle" in such section 604(a) shall include this section. (g) EFFECTIVE DATE.—The provisions of this section shall apply to weeks beginning after March 31, 1985.

Subtitle E—Restoration of Civil Service Retirement and Disability Fund SEC. 12501. APPROPRIATION TO CIVIL SERVICE RETIREMENT AND DISABILITY FUND OF INTEREST LOST FROM NONINVESTMENT IN SEPTEMBER 1984.

On December 31, 1985, the Secretary of the Treasury shall pay to the Civil Service Retirement and Disability Fund, from amounts in the general fund of the Treasury not otherwise appropriated, an amount determined by the Secretary to be equal to the sum of— (1) the excess of (A) the amount of interest which would have been earned by such fund, during the period beginning with September 28, 1984, and ending with December 31, 1984, on all monies transferred to such fund on September 28, 1984, if all such monies had been invested on September 28, 1984, over (B) the amount of interest actually earned by such fund on such monies during such period; (2) interest that would have been earned on the amount described in paragraph (1) during the period beginning with January 1, 1985, and ending with June 30, 1985; (3) the excess of (A) the amount of interest which would have been earned by such fund, during the period beginning on January 1, 1985, and ending on June 30, 1985, on all monies transferred to such fund on September 28, 1984, if all such monies had been invested on September 28, 1984, over (B) the amount of interest actually earned by such fund on such monies during such period; and (4) the interest that would have been earned on the amounts described in paragraphs (1), (2), and (3) during the period beginning with July 1, 1985, and ending with December 31, 1985.

State and local governments.

26 USC 3304 note.

26 USC 3304 note.

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TITLE XIII—REVENUES, TRADE, AND RELATED PROGRAMS Subtitle A—Trade and Customs Provisions Trade Adjustment Assistance Reform and Extension Act of 1986. 19 USC 2101 note.

PART 1—TRADE ADJUSTMENT ASSISTANCE SEC. 13001. SHORT TITLE.

This part may be cited as the 'Trade Adjustment Assistance Reform and Extension Act of 1986". SEC. 13002. ELIGIBILITY OF WORKERS AND FIRMS FOR TRADE ADJUSTMENT ASSISTANCE.

Agriculture and agricultural commodities.

(a) WORKERS.—Sections 221(a) and 222 of the Trade Act of 1974 (19 U.S.C. 2271(a); 2272) are each amended by inserting "(including workers in any agricultural firm or subdivision of an agricultural firm)" after "group of workers". (b) FIRMS.—

(i) Subsections (a) and (c) of section 251 of the Trade Act of 1974 (19 U.S.C. 2341) are each amended by inserting "(including any agricultural firm)" after "a firm". (2) Paragraph (2) of section 251(c) of the Trade Act of 1974 (19 U.S.C. 2341(c)(2)) is amended to read as follows: "(2) that— "(A) sales or production, or both, of the firm have decreased absolutely, or "(B) sales or production, or both, of an article that accounted for not less than 25 percent of the total production or sales of the firm during the 12-month period preceding the most recent 12-month period for which data are available have decreased absolutely, and". SEC. 13003. CASH ASSISTANCE FOR WORKERS. (a) PARTICIPATION IN JOB SEARCH PROGRAM REQUIRED.—

19 USC 2297.

(1) Subsection (a) of section 231 of the Trade Act of 1974 (19 U.S.C. 2291(a)) is amended by adding at the end thereof the following new paragraph: "(5) Such worker, unless the Secretary has determined that no acceptable job search program is reasonably available— "(A) is enrolled in a job search program approved by the Secretary under section 237(c), or "(B) has, after the date on which the worker became totally separated, or partially separated, from the adversely affected employment, completed a job search program approved by the Secretary under section 237(c).". (2) Section 231 of the Trade Act of 1974 (19 U.S.C. 2291) is amended by adding at the end thereof the following new subsection: "(c) If the Secretary determines that— "(1) the adversely affected worker— "(A) has failed to begin participation in the job search program the enrollment in which meets the requirement of subsection (a)(5), or "(B) has ceased to participate in such job search program before completing such job search program, and

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"(2) there is no justifiable cause for such failure or cessation, no trade readjustment allowance may be paid to the adversely affected worker under this part on or after the date of such determination until the adversely affected worker begins or resumes participation in a job search program approved under section 237(c).". (3) Subsection (a) of section 239 of the Trade Act of 1974 (19 U.S.C. 2311(a)) is amended— (A) by striking out "training," in clause (2) and inserting in lieu thereof "training and job search programs,"; and (B) by striking out "and (3)" and inserting in lieu thereof "(3) will make determinations and approvals regarding job search programs under sections 231(c) and 237(c), and (4)". 19 USC 2291, (b) QUALIFYING WEEKS OF EMPLOYMENT.—The last sentence of ^^^^• section 231(a)(2) of the Trade Act of 1974 (19 U.S.C. 2291(a)(2)) is amended by striking out all that follows after subparagraph (C) and inserting in lieu thereof "shall be treated as a week of employment at wages of $30 or more, but not more than 7 weeks, in case of weeks described in paragraph (A) or (C), or both, may be treated as weeks of employment under this sentence.". (c) WEEKLY AMOUNTS OF READJUSTMENT ALLOWANCES.—Section

232 of the Trade Act of 1974 (19 U.S.C. 2292) is amended— (1) by striking out "under any Federal law," in subsection (c) and inserting in lieu thereof "under any Federal law other than this Act", (2) by striking out "under section 236(c)" in subsection (c) and inserting in lieu thereof "under section 231(c) or 236(c)", and (3) by striking out "If the training allowance" in subsection (c) and inserting in lieu thereof "If such training allowance". (d) LIMITATIONS.—

(1) Paragraph (2) of section 233(a) of the Trade Act of 1974 (19 U.S.C. 2293(a)(2)) is amended by striking out "52-week period" and inserting in lieu thereof "104-week period". (2) Section 233 of the Trade Act of 1974 (19 U.S.C. 2293) is amended by adding at the end thereof the following new subsection: "(e) No trade readjustment allowance shall be paid to a worker under this part for any week during which the worker is receiving on-the-job training.". SEC. 13004. JOB TRAINING FOR WORKERS.

(a) IN GENERAL.—Section 236 of the Trade Act of 1974 (19 U.S.C. 2296) is amended— (1) by striking out "for a worker" in subsection (a)(l)(A) and inserting in lieu thereof "for an adversely affected worker", (2) by striking out "may approve" in the first sentence of subsection (a)(1) and inserting in lieu thereof "shall (to the extent appropriated funds are available) approve", (3) by striking out "under paragraph (1)" in subsection (a)(2) and inserting in lieu thereof "under subsection (a)", (4) by striking out "this subsection" in subsection (a)(3) and inserting in lieu thereof "this section", (5) by redesignating paragraphs (2) and (3) of subsection (a) as subsections (e) and (f), respectively, (6) by inserting at the end of subsection (a) the following new paragraphs:

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 100 STAT. 302 Employment and unemployment.

29 USC 1653. 29 USC 1512.

Contracts.

PUBLIC LAW 99-272—APR. 7, 1986

"(2) For purposes of applying paragraph (1)(C), a reasonable expectation of employment does not require that employment opportunities for a worker be available, or offered, immediately upon the completion of training approved under this paragraph (1). "(3)(A) If the costs of training an adversely affected worker are paid by the Secretary under paragraph (1), no other payment for such costs may be made under any other provision of Federal law. "(B) No payment may be made under paragraph (1) of the costs of training an adversely affected worker if such costs— "(i) have already been paid under any other provision of Federal law, or "(ii) are reimbursable under any other provision of Federal law and a portion of such costs have already been paid under such other provision of Federal law. "(C) The provisions of this paragraph shall not apply to, or take into account, any funds provided under any other provision of Federal law which are used for any purpose other than the direct payment of the costs incurred in training a particular adversely affected worker, even if such use has the effect of indirectly paying or reducing any portion of the costs involved in training the adversely affected worker. "(4) The training programs that may be approved under paragraph (1) include, but are not limited to— "(A) on-the-job training, "(B) any training program provided by a State pursuant to section 303 of the Job Training Partnership Act, "(C) any training program approved by a private industry council established under section 102 of such Act, and "(D) any other training program approved by the Secretary.", and (7) by inserting after subsection (c) the following new subjection: (d) Notwithstanding any provision of subsection (a)(1), the Secretary may pay the costs of on-the-job training of an adversely affected worker under subsection (a)(1) only if— "(1) no currently employed worker is displaced by such adversely affected worker (including partial displacement such as a reduction in the hours of nonovertime work, wages, or employment benefits), "(2) such training does not impair existing contracts for services or collective bargaining agreements, "(3) in the case of training which would be inconsistent with the terms of a collective bargaining agreement, the written concurrence of the labor organization concerned has been obtained, "(4) no other individual is on layoff from the same, or any substantially equivalent, job for which such adversely affected worker is being trained, "(5) the employer has not terminated the employment of any regular employee or otherwise reduced the workforce of the employer with the intention of filling the vacancy so created by hiring such adversely affected worker, "(6) the job for which such adversely affected worker is being trained is not being created in a promotional line that will infringe in any way upon the promotional opportunities of currently employed individuals,

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"(7) such training is not for the same occupation from which the worker was separated and with respect to which such worker's group was certified pursuant to section 222, 19 USC 2272. "(8) the employer certifies to the Secretary that the employer will continue to employ such worker for at least 26 weeks after completion of such training if the worker desires to continue such employment and the employer does not have due cause to terminate such employment, "(9) the employer has not received payment under subsection (a)(1) with respect to any other on-the-job training provided by such employer which failed to meet the requirements of paragraphs (1), (2), (3), (4), (5), and (6), and "(10) the employer has not taken, at any time, any action which violated the terms of any certification described in paragraph (8) made by such employer with respect to any other onthe-job training provided by such employer for which the Secretary has made a payment under subsection (a)(1).". (b) ON-THE-JOB TRAINING DEFINED.—Section 247 of the Trade Act of 1974 (19 U.S.C. 2319) is amended by adding at the end thereof the following new paragraph: "(16) The term "on-the-job training" means training provided by an employer to an individual who is employed by the employer.". (c) AGREEMENTS WITH THE STATES.—Section 239 of the Trade Act of 1974 (19 U.S.C. 231.1) is amended— (1) by amending subsection (a)(2) by inserting "but in accordance with subsection (f)," after "where appropriate,"; and (2) by adding at the end thereof the following new subsections: "(e) Agreements entered into under this section may be made with one or more State or local agencies including— "(1) the employment service agency of such State, "(2) any State agency carrying out title III of the Job Training Partnership Act, or 29 USC 1651. "(3) any other State or local agency administering job training or related programs. "(f) Each cooperating State agency shall, in carrying out subsection (a)(2)— "(1) advise each adversely affected worker to apply for training under section 236(a) at the time the worker makes applica- 19 USC 2296. tion for trade readjustment allowances (but failure of the worker to do so may not be treated as cause for denial of those allowances), and "(2) within 60 days after application for training is made by the worker, interview the adversely affected worker regarding suitable training opportunities available to the worker under section 236 and review such opportunities with the worker.". SEC. 13005. JOB SEARCH ALLOWANCES.

(a) IN GENERAL.—Section 237 of the Trade Act of 1974 (19 U.S.C. 2297) is amended by adding at the end thereof the following new subsection: "(c) The Secretary shall reimburse any adversely affected worker for necessary expenses incurred by such worker in participating in a job search program approved by the Secretary.". (b) DEFINITIONS.—Section 247 of the Trade Act of 1974 (19 U.S.C. 2319), as amended by section 13004(b) of this Act, is further amended by adding at the end thereof the following new paragraph:

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 100 STAT. 304

PUBLIC LAW 99-272—APR. 7, 1986 "(17XA) The term 'job search program' means a job search workshop or job finding club. "(B) The term 'job search workshop' means a short (1 to 3 days) seminar designed to provide participants with knowledge that will enable the participants to find jobs. Subjects are not limited to, but should include, labor market information, resume writing, interviewing techniques, and techniques for finding job openings. "(C) The term 'job finding club' means a job search workshop which includes a period (1 to 2 weeks) of structured, supervised activity in which participants attempt to obtain jobs.".

SEC. 13006. ADJUSTMENT ASSISTANCE FOR FIRMS. ^0) TECHNICAIJ ASSISTANCE

Ante, p. 300.

(1) Paragraph (1) of section 252(b) of the Trade Act of 1974 (19 U.S.C. 2342(b)(l)) is amended to read as follows: "(1) Adjustment assistance under this chapter consists of technical assistance. The Secretary shall approve a firm's application for adjustment assistance only if the Secretary determines that the firm's adjustment proposal— "(A) is reasonably calculated to materially contribute to the economic adjustment of the firm, "(B) gives adequate consideration to the interests of the workers of such firm, and "(C) demonstrates that the firm will make all reasonable efforts to use its own resources for economic development.". (2) Section 252 of the Trade Act of 1974 (19 U.S.C. 2342) is amended by striking out subsection (c) and redesignating subsection (d) as subsection (c). (3) Paragraph (2) of section 253(b) of the Trade Act of 1974 (19 U.S.C. 2343(b)(2)) is amended by striking out "such cost" and inserting in lieu thereof "such cost for assistance described in paragraph (2) or (3) of subsection (a)". (b) No NEW LOANS OR GUARANTEES.—Section 254 of the Trade Act of 1974 (19 U.S.C. 2344) is amended by adding at the end thereof the following new subsection: "(d) Notwithstanding any other provision of this chapter, no direct loans or guarantees of loans may be made under this chapter after the date of enactment of the Trade Adjustment Assistance Reform and Extension Act of 1986.". SEC. 13007. EXTENSION AND TERMINATION OF TRADE ADJUSTMENT ASSISTANCE.

(a) IN GENERAL.—Section 285 of the Trade Act of 1974 (19 U.S.C. 2271, preceding note) is amended— (1) by striking out the first sentence thereof and inserting in lieu thereof "(a)", (2) by striking out the section heading and inserting in lieu thereof "SEC. 285. TERMINATION.", and (3) by adding at the end thereof the following new subsection: "(b) No assistance, allowances, or other payments may be provided under chapter 2, and no technical assistance may be provided under chapter 3, after September 30, 1991.". O> CONFORMING AMENDMENT.—The table of contents of the Trade t) Act of 1974 is amended by striking out the item relating to section 285 and inserting in lieu thereof the following: "Sec. 285. Termination.".

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SEC. 13008. AUTHORIZATION OF APPROPRIATIONS.

(a) WORKERS.—Section 245 of the Trade Act of 1974 (19 U.S.C. 2317) is amended by striking out "1982 through 1985" and inserting in lieu thereof "1986, 1987, 1988, 1989, 1990, and 1991". (b) FIRMS.—Subsection (b) of section 256 of the Trade Act of 1974 (19 U.S.C. 2346(b)) is amended— (1) by inserting "for fiscal years 1986, 1987, 1988, 1989, 1990, and 1991" after "to the Secretary", (2) by striking out "from time to time", and (3) by striking out the last sentence thereof. SEC. 13009. EFFECTIVE DATES; APPLICATION OF GRAMM-RUDMAN.

(a) IN GENERAL.—Except as provided in subsections (b) and (c), the amendments made by this part shall take effect on the date of the enactment of this Act. (b) JOB SEARCH PROGRAM REQUIREMENTS.—The amendments made by section 13003(a) apply with respect to workers covered by petitions filed under section 221 of the Trade Act of 1974 on or after the date of the enactment of this Act. (c) EXTENSION AND AUTHORIZATION.—Chapters 2 and 3 of title II of the Trade Act of 1974 (19 U.S.C. 2271, et seq.) shall be applied as if the amendments made by sections 13007 and 13008 had taken effect on December 18, 1985. (d) APPLICATION OF GRAMM-RUDMAN.—Trade readjustment allowances payable under part I of chapter 2 of title II of the Trade Act of 1974 for the period from March 1, 1986, and until October 1, 1986, shall be reduced by a percentage equal to the non-defense sequester percentage applied in the Sequestration Report (submitted under the Balanced Budget and Emergency Deficit Control Act of 1985 and dated January 21, 1986) of the Comptroller General of the United States for fiscal year 1986.

PART 2—AUTHORIZATION OF APPROPRIATIONS FOR TRADE AND CUSTOMS AGENCIES SEC. 13021. UNITED STATES INTERNATIONAL TRADE COMMISSION.

The first sentence of paragraph (2) of section 330(e) of the Tariff Act of 1930 (19 U.S.C. 1330(e)(2)) is amended to read as follows: "There are authorized to be appropriated to the Commission for necessary expenses (including the rental of conference rooms in the District of Columbia and elsewhere) for fiscal year 1986 not to exceed $28,901,000; of which not to exceed $2,500 may be used, subject to approval by the Chairman of the Commission, for reception and entertainment expenses.". SEC. 13022. UNITED STATES CUSTOMS SERVICE.

(a) AUTHORIZATION OF APPROPRIATIONS.—Section 301 of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 2075) is amended as follows: (1) Subsection (b) is amended to read as follows: "(b)(l) There are authorized to be appropriated to the Department of the Treasury not to exceed $772,141,000 for the salaries and expenses of the United States Customs Service for fiscal year 1986; of which—

19 USC 2291

19 USC 2271.

Sequestration Report.

2 USC 901 note.

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50 USC app. 2401 note.

Aircraft and air carriers. Drugs and drug abuse.

PUBLIC LAW 99-272—APR. 7, 1986

"(A) $27,900,000 is for the addition of 500 inspectors, 150 import specialists, 100 customs patrol officers, and 50 special agents; "(B) $53,500,000 is for the operation and maintenance of the air interdiction program of the Service; and "(C) not to exceed $14,000,000 is for the implementation of the 'Operation EXODUS' program and any related program designed to enforce or monitor export controls under the Export Administration Act of 1979. "(2) No part of any sum that is appropriated under the authority of paragraph (1) may be used to close any port of entry at which, during fiscal year 1985— "(A) not less than 2,500 merchandise entries (including informal entries) were made; and "(B) not less than $1,500,000 in customs revenues were assessed. "(3)(A) No part of any sum that is appropriated under the authority of paragraph (1) may be used for further research and development or acquisition of F-15 avionics for the P-3 aircraft and related equipment until 60 days after the Committee on Ways and Means and the Committee on Finance have received from the Secretary of the Treasury a written comparative assessment of the suitability of the P-3, E-2, or other appropriate aircraft for use by the Customs Service in its air drug interdiction program. Such assessment, which the Secretary may not submit to the Committees until the General Accounting Office study required under paragraph (7) is completed, shall include life cycle costs. "(B) Acquisition of additional aircraft for use by the Customs Service for its air drug interdiction program after completion of the assessment required under subparagraph (A) shall be subject to competitive bidding through the use of the normal 'request for proposal' process. "(4) No part of any sum that is appropriated under the authority of paragraph (1) may be used to consolidate the drawback liquidation centers within the Customs Service to less than 4 such centers. If a consolidation is undertaken, the Commissioner of Customs shall select the location of the centers after taking into account the drawback volume at, and the geographic dispersion of, the respective centers being considered for consolidation. "(5) In addition to any sum authorized to be appropriated under paragraph (1), there are authorized to be appropriated to the Department of the 'Treasury for fiscal year 1986 not to exceed $8,000,000 from the Customs Forfeiture Fund for the making of payments under section 613A of the Tariff Act of 1930 (19 U.S.C. 1613b), of which not to exceed $5,000,000 may be used for the modification of aircraft (whether or not aircraft described in subsection (a)(5) of that section) for drug interdiction. "(6) In addition to any other amounts authorized to be appropriated for the Customs Service for fiscal years 1987 and 1988, there are authorized to be appropriated $27,900,000 for each of such fiscal years to fund the additional personnel referred to in paragraph (I)(A). "(7) As soon as possible after the date of the enactment of this paragraph, but not later than 12 months after that date, the General Accounting Office shall complete, and submit to the Committee on Ways and Means and the Committee on Finance, a study that evaluates the air detection and interdiction capability of the Cus-

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100 STAT. 307

toms Service, including assets, geographic dispersal, costs of operation, procurement practices, and the services and equipment provided by other Federal agencies. Within 6 months after commencing the study, the General Accounting Office shall consult with the Committees on the progress of the study."; and (2) by adding at the end thereof the following new subsections: "(f) USE OF SAVINGS RESULTING FROM ADMINISTRATIVE CONSOLIDA-

TIONS.—If savings in salaries and expenses result from the consolidation of administrative functions within the Customs Service, the Commissioner of Customs shall apply those savings, to the extent they are not needed to meet emergency requirements of the Service, to strengthening the commercial operations of the Service by increasing the number of inspector, import specialist, patrol officer, and other line operational positions. "(g) ALLOCATION OF RESOURCES.—The Commissioner of Customs

shall ensure that existing levels of commercial services, including inspection and control, classification, and value, shall continue to be provided by Customs personnel assigned to the headquarters office of any Customs district designated by statute before the date of enactment of this subsection. The number of such personnel assigned to any such district headquarters shall not be reduced through attrition or otherwise, and such personnel shall be afforded the opportunity to maintain their proficiency through training and workshops to the same extent provided to Customs personnel in any other district. Automation and other modernization equipment shall be made available, as needed on a timely basis, to such headquarters to the same extent as such equipment is made available to any other district headquarters.". (b) ELIMINATION OF SURETIES ON CUSTOMS BONDS.—(1)

The

Commissioner of Customs may not publish, nor take any other action to give force and effect to, any final rule that would revise any provision in 19 CFR part 113 or section 142.4 (as in effect on March 1, 1984) relating to the requirement for sureties on customs bonds— (A) unless the Commissioner submits to the Committee on Reports. Ways and Means of the House of Representatives and the Committee on Finance of the Senate, on the same day, a report containing— (i) the text of the draft final rule; (ii) an analysis of the revenue impact of the rule; (iii) a regulatory impact analysis; (iv) the estimated cost benefit of the rule to the Customs Service and to the importing community, and an explanation in support of those estimates; and (v) a justification for each revision to be effected by the rule; and (B) until the close of the first period of 90 calendar days of continuous session of Congress occurring after the date on which the report is submitted under subparagraph (A). SEC. 13023. UNITED STATES TRADE REPRESENTATIVE.

Section 141 of the Trade Act of 1974 (19 U.S.C. 2171) is amended— (1) by inserting before the semicolon at the end of subsection (d)(1) the following: ", except that not more than 20 individuals may be employed without regard to any provision of law regulating the employment or compensation at rates not to exceed

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 100 STAT. 308

PUBLIC LAW 99-272—APR. 7, 1986

the rate of pay for level IV of the Executive Schedule in section 5314 of title 5, United States Code"; and (2) by amending subsection (f)(1) by striking out "$14,179,000 for fiscal year 1985" and inserting in lieu thereof "$13,582,000 for fiscal year 1986". SEC. 13024. NOTIFICATION OF CERTAIN ACTIONS. Section 237 of the Trade and Tariff Act of 1984 (98 Stat. 2993) is amended— (1) by striking out "1985" in subsection (b) and inserting in lieu thereof "1986"; (2) by striking out subsection (c); (3) by redesignating subsection (b) as subsection (c); and (4) by inserting after subsection (a) the following new subsection: "(b) The notice required under subsection (a) shall include— "(1) a statement which sets forth in detail the factors taken into account in making the decision to take the action described in subsection (a) and the reasons for such action; and "(2) an analysis of the impact such action will have on the commerce and community served by each office affected by such action.".

PART 3—CUSTOMS FEES SEC. 13031. FEES FOR CERTAIN CUSTOMS SERVICES. Vessels. (a) SCHEDULE OF FEES.—In addition to any other fee authorized by Railroads. law, the Secretary of the Treasury shall charge and collect the ^^rr^^^* ^^^ ^^^ following fees for the provision of customs services in connection 19 USC 580. with the following: (1) For the arrival of a commercial vessel of 100 net tons or more, $397. (2) Subject to the limitation in subsection (b)(2), for the arrival of a commercial truck, $5. (3) Subject to the limitations in subsection (b)(1)(B) and (3), for the arrival of each railroad car, whether passenger or freight, $5. (4) For all arrivals made during a calendar year by a private vessel or private aircraft, $25. (5) For the arrival of each passenger aboard a commercial vessel or commercial aircraft from a place outside the United States (other than a place referred to in subsection (b)(1)(A)), $5. (6) For each item of dutiable mail for which a document is prepared by a customs officer, $5. (7) For each customs broker permit held by an individual, partnership, association, or corporate customs broker, $125 per year. Prohibition. (b) LIMITATIONS ON FEES.—(1) No fee may be charged under subsec19 USC 58c. tion (a) for customs services provided in connection with— (A) the arrival of any passenger whose journey originated in— (i) Canada, (ii) Mexico, (iii) a territory or possession of the United States, or (iv) any adjacent island (within the meaning of section 101(b)(5) of the Immigration and Nationality Act (8 U.S.C. 1101(b)(5)); or

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 PUBLIC LAW 99-272—APR. 7, 1986 (B) the arrival of any railroad car that is part of a train which originates and terminates in the same country, but only if— (i) such car is part of such train when such train departs from the United States, and (ii) no passengers board or disembark from such train, and no cargo is loaded or unloaded from such train, while such train is within any country other than the country in which such train originates and terminates. (2) No fee may be charged under subsection (a)(2) for the arrival of a commercial truck during any calendar year after a total of $100 in fees has been paid to the Secretary of the Treasury for the provision of customs services for all arrivals of such commercial truck during such calendar year. (3) No fee may be charged under subsection (a)(3) for the arrival of a railroad car whether passenger or freight during any calendar year after a total of $10 in fees has been paid to the Secretary of the Treasury for the provision of customs services for all arrivals of such passenger or freight rail car during such calendar year. (c) DEFINITIONS.—For purposes of this section— (1) The term "vessel" does not include any ferry. (2) The term "arrival" means arrival at a port of entry in the customs territory of the United States. (3) The term ' customs territory of the United States" has the meaning given to such term by headnote 2 of the General Headnotes and Rules of Interpretation of the Tariff Schedules of the United States. (4) The term "customs broker permit" means a permit issued under section 641(c) of the Tariff Act of 1930 (19 U.S.C. 1641(c)). (d) COLLECTION.—(1) Each person that issues a document or ticket to an individual for transportation by a commercial vessel or commercial aircraft into the customs territory of the United States shall— (A) collect from that individual the fee charged under subsection (a)(5) at the time the document or ticket is issued; and (B) separately identify on that document or ticket the fee charged under subsection (a)(5) as a Federal inspection fee. (2) I f (A) a document or ticket for transportation of a passenger into the customs territory of the United States is issued in a foreign country; and (B) the fee charged under subsection (a)(5) is not collected at the time such document or ticket is issued; the person providing transportation to such passenger shall collect such fee at the time such passenger departs from the customs territory of the United States and shall provide such passenger a receipt for the payment of such fee. (3) The person who collects fees under paragraph (1) or (2) shall remit those fees to the Secretary of the Treasury at any time before the date that is 31 days after the close of the calendar quarter in which the fees are collected. (e) PROVISION OF CUSTOMS SERVICES.—(1) Notwithstanding section 451 of the Tariff Act of 1930 (19 U.S.C. 1451) or any other provision of law (other than paragraph (2)), the customs services required to be provided to passengers upon arrival in the United States on scheduled airline flights at customs serviced airports shall be adequately provided when needed and at no cost (other than the fees imposed under subsection (a)) to airlines and airline passengers.

100 STAT. 309

19 USC 58c.

19 USC 1202.

Transportation. Aircraft and air carriers. Maritime affairs. 19 USC 58c.

Aircraft and air carriers. 19 USC 58c.

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 100 STAT. 310

PUBLIC LAW 99-272—APR. 7, 1986

(2) This subsection shall not apply with respect to any airport to which section 236 of the Trade and Tariff Act of 1984 (19 U.S.C. 58b) applies. 19 USC 58c.

(f) DISPOSITION OF FEES.—(1) Notwithstanding section 524 of the

Tariff Act of 1930 (19 U.S.C. 1524), all of the fees collected under subsection (a) shall be deposited in a separate account within the general fund of the Treasury of the United States. Such account shall be known as the "Customs User Fee Account". (2)(A) The Secretary of the Treasury shall refund out of the Customs User Fee Account to any appropriation the amount paid out of such appropriation for expenses incurred by the Secretary of the Treasury in providing overtime customs inspectional services for which the recipient of such services is not required to reimburse the Secretary of the Treasury. (B) The amounts which are required to be refunded under subparagraph (A) shall be refunded at least quarterly on the basis of estimates made by the Secretary of the Treasury of the expenses referred to in subparagraph (A). Proper adjustments shall be made in the amounts subsequently refunded under subparagraph (A) to the extent prior estimates were in excess of, or less than, the amounts required to be refunded under subparagraph (A). 19 USC 58c. (g) REGULATIONS.—The Secretary of the Treasury may prescribe such rules and regulations as may be necessary to carry out the provisions of this section. (h) CONFORMING AMENDMENTS.—(1) Subsection (i) of section 305 of the Rail Passenger Service Act (45 U.S.C. 545(i)) is amended by striking out the last sentence thereof. (2) Subsection (e) of section 53 of the Airport and Airway Develop49 USC app. ment Act of 1970 (49 U.S.C. 1741(e)) is repealed. i'^4i. (i) EFFECT ON OTHER AUTHORITY.—Except with respect to customs 19 USC 58c. services for which fees are imposed under subsection (a), nothing in this section shall be construed as affecting the authority of the Secretary of the Treasury to charge fees under section 214(b) of the Customs Procedural Reform and Simplification Act of 1978 (19 U.S.C. 58a). 19 USC 58c note. (j) EFFECTIVE DATES.—(1) Except as provided in paragraph (2), the provisions of this section, and the amendments and repeals made by this section, shall apply with respect to customs services rendered after the date that is 90 days after the date of enactment of this Act. (2) Fees may be charged under subsection (a)(5) only with respect to customs services rendered in regard to arriving passengers using transportation for which documents or tickets were issued after the date that is 90 days after such date of enactment. SEC. 13032. USER FEES FOR CUSTOMS SERVICES AT CERTAIN SMALL AIRPORTS.

Section 236 of the Trade and Tariff Act of 1984 (19 U.S.C. 58b) is amended— (1) by striking out "4 airports" in subsection (c) and inserting in lieu thereof "20 airports '; and (2) by striking out the last sentence in subsection (e) and inserting in lieu thereof the following new sentences: "The Secretary of the Treasury is authorized and directed to pay out of any funds available in such account any expenses incurred by the Federal Government in providing customs services at such airport (including expenses incurred for the salaries and expenses of individuals employed to provide such services). None

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100 STAT. 311

of the funds deposited into such account shall be available for any purpose other than making payments authorized under the preceding sentence.". SEC. 13033. ADVISORY COMMITTEE.

19 USC 2071

In accordance with the provisions of the Federal Advisory Committee Act, the Secretary of the Treasury shall establish an 5 USC app. advisory committee, whose membership shall consist of representatives from the airline, shipping, and other transportation industries, the general public, and others who may be subject to any fee or charge (1) authorized by law, or (2) proposed by the United States Customs Service for the purpose of covering expenses incurred by the Customs Service. The advisory committee shall meet on a periodic basis and shall advise the Secretary on issues related to the performance of the customs services. This advice shall include, but not be limited to, such issues as the time periods during which such services should be performed, the proper number and deployment of inspection officers, the level of fees, and the appropriateness of any proposed fee. The Secretary shall give substantial consideration to the views of the advisory committee in the exercise of his duties.

Subtitle B—General Revenue Provisions SEC. 13200. AMENDMENT OF 1954 CODE.

Except as otherwise expressly provided, whenever in this subtitle an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Internal Revenue Code of 1954. 26 USC l et seq. SEC. 13201. INCREASE IN TAX ON CIGARETTES MADE PERMANENT.

(a) Subsection (c) of section 283 of the Tax Equity and Fiscal Responsibility Act of 1982 (relating to increase in tax on cigarettes) is amended by striking out all that follows "December 31, 1982" and inserting in lieu thereof a period. (b) For purposes of all Federal and State laws, the amendment made by subsection (a) shall be treated as having taken effect on March 14, 1986.

26 USC 5701 ^°^state and local 1°^®^'!?"^®"*^^^6 USC 5701

SEC. 13202. TAX ON SMOKELESS TOBACCO.

(a) In GENERAL.—Section 5701 (relating to rate of tax) is amended 26 USC 5701. by redesignating subsection (e) as subsection (f) and by inserting after subsection (d) the following new subsection: "(e) SMOKELESS TOBACCO.—On smokeless tobacco, manufacturered in or imported into the United States, there shall be imposed the following taxes: "(1) SNUFF.—On snuff, 24 cents per pound and a proportionate tax at the like rate on all fractional parts of a pound. "(2) CHEWING TOBACCO.—On chewing tobacco, 8 cents per pound and a proportionate tax at the like rate on all fractional parts of a pound.". (b) CONFORMING AMENDMENTS.—

(1) The heading of chapter 52 is amended by inserting "SMOKELESS TOBACCO," after "CIGARETTES,".

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 100 STAT. 312 26 USC 5702.

PUBLIC LAW 99-272—APR. 7, 1986 (2) Section 5702(c) (defining tobacco products) is amended by striking out "and cigarettes" and inserting in lieu thereof ", cigarettes, and smokeless tobacco". (3) Section 5702(d) (defining manufacturers of tobacco products) is amended by striking out "cigars or cigarettes" each place it appears and inserting in lieu thereof "cigars, cigarettes, or smokeless tobacco". (4) Section 5702 is amended by adding at the end thereof the following new subsection: "(n) DEFINITIONS RELATING TO SMOKELESS TOBACCO.— "(1) SMOKELESS TOBACCO.—The term 'smokeless

tobacco'

means any snuff or chewing tobacco. "(2) SNUFF.—The term 'snuff means any finely cut, ground, or powdered tobacco that is not intended to be smoked. "(3) CHEWING TOBACCO.—The term 'chewing tobacco' means any leaf tobacco that is not intended to be smoked,". 26 USC 5701

note.

26 USC 5711. 26 USC 5701 et s«9-

(c) EFFECTIVE DATE.—

(1) IN GENERAL.—The amendments made by this section shall apply to smokeless tobacco removed after June 30, 1986. (2) TRANSITIONAL RULE.—Any person who— (A) on the date of the enactment of this Act, is engaged in business as a manufacturer of smokeless tobacco, and (B) before July 1, 1986, submits an application under subchapter B of chapter 52 of the Internal Revenue Code of 1954 to engage in such business, may, notwithstanding such subchapter B, continue to engage in such business pending final action on such application. Pending such final action, all provisions of chapter 52 of such Code shall apply to such applicant in the same manner and to the same extent as if such applicant were a holder of a permit to manufacture smokless tobacco under such chapter 52. SEC. 13203. INCREASE IN EXCISE TAX ON COAL.

26 USC 4121.

(a) INCREASE IN TAX.—Subsections (a) and (b) of section 4121 (relating to imposition of tax on coal) are amended to read as follows: "(a) TAX IMPOSED.—

"(1) IN GENERAL.—There is hereby imposed on coal from mines located in the United States sold by the producer, a tax equal to the rate per ton determined under subsection (b). "(2) LIMITATION ON TAX.—The amount of the tax imposed by paragraph (1) with respect to a ton of coal shall not exceed the applicable percentage (determined under subsection (b)) of the price at which such ton of coal is sold by the producer. "(b) DETERMINATION OF RATES AND LIMITATION ON TAX.—For purposes of subsection (a), in the case of sales during any calendar year beginning after December 31, 1985— "(1) the rate of tax on coal from underground mines shall be $1.10, "(2) the rate of tax on coal from surface mines shall be $.55, and "(3) the applicable percentage shall be 4.4 percent.". 26 USC 9501

note.

(b) 5-YEAR MORATORIUM ON INTEREST ACCRUALS WITH RESPECT TO THE INDEBTEDNESS OF THE BLACK LUNG DISABILITY TRUST FUND.—No

interest shall accrue for the period beginning on October 1, 1985, and ending on September 30, 1990, with respect to any repayable advance to the Black Lung Disability Trust Fund.

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Rh progress in the pursuits of civilized life. Many of them havedevoted themselves to agriculture, herding, freighting, and mechanical pursuits with remarkable energy and success.

At the Santee, Sisseton, and Devil's Lake Agencies they are virtually self-supporting. They are located in severalty, living in houses, wear white man's dress, are well provided with farming implements and stock cattle, and their crops during the past year will average ten bushels of wheat, live bushels of corn, and sixteen bushels of vegetables to each member of the tribe. They are still receiving some aid from the government, but are at the same time investing their surplus crops largely in farming implements, cattle, and other appliances of civilized life. At Cheyenne River, Crow Creek, Standing Rock, and Lower Brulé, where a few years ago the progress of the Indians was seriously retarded by the Sioux war, they have erected 718 houses, broken a large tract of land, and this year raised 41,000 bushels of wheat and corn and 12,000 bushels of vegetables. The Ogalala and Brulé Sioux, whose chiefs, Red Cloud and Spotted Tail, are well known, removed to the locations they occupy at present in 1878. They now have 700 log houses, cultivate 2,200 acres of land, own 300 mules, 5,600 head of cattle, and 280 swine, in addition to many thousands of horses. This year their crops were seriously injured by an early drought, which caused great disappointment, but they have bestowed great care upon their stock cattle, and should be encouraged by the government in this respect as much as possible. Instead of living together as formerly in crowded camps and villages, they are now scattering over a large extent of ground, locating farms and building homes upon them. Their success in the pursuit of freighting with their own horses has been particularly remarkable. Their conduct, with the exception of one or two inconsiderable disturbances, has been peaceful and satisfactory in every respect. One of these occurrences is worthy of special notice. A small party of Brulé Sioux, consisting of six young men, stole some horses and shot a white man in Nebraska. Although they were all great favorites with the chiefs and headmen, they were without resistance arrested by the Indian police and turned over to the civil authorities for trial. In the first week of October I received a letter from Chief Spotted Tail inclosing a check for $332.80, with the request to employ that money, which had been collected by the Indians among themselves, in procuring an attorney to assist the six young Indians, so that while they should be punished if guilty, they might if not guilty have “the chance of a white man” for acquittal. This is one of the signs indicating that the respect for law and authority, and a desire to accommodate themselves to the white man's ways, is rapidly growing among the same Sioux, a large part of whom were still in arms against the government a comparatively short time since, and who, two years ago, according to the predictions of some, could never be depended upon as peaceable Indians “unless they received another thorough whipping.”


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100 STAT. 313

(c) EXISTING REDUCTION IN RATES FOR PERIOD AFTER TEMPORARY INCREASE RETAINED.—So much of subsection (e) of section 4121

26 USC 4i2i.

(relating to temporary increase in amount of tax) as precedes paragraph (2) is amended to read as follows: "(e) REDUCTION IN AMOUNT OF TAX.—

"(1) IN GENERAL.—Effective with respect to sales after the temporary increase termination date, subsection (b) shall be applied— "(A) by substituting '$.50' for '$1.10', "(B) by substituting '$.25' for '$.55', and "(C) by substituting '2 percent' for '4.4 percent'.". (d) EFFECTIVE DATE.—The amendments made by this section shall 26 USC 4121 apply to sales after March 31, 1986. note. SEC. 13204. ONLY RAILROAD RETIREMENT BENEFITS EQUIVALENT TO SOCIAL SECURITY BENEFITS TREATED AS TIER 1 BENEFITS.

(a) IN GENERAL.—Paragraph (4) of section 86(d) (defining Social 26 USC 86. Security benefits) is amended to read as follows: ' (4) TIER i RAILROAD RETIREMENT BENEFIT.—For purposes of

paragraph (1), the term 'tier 1 railroad retirement benefit' means— "(A) the amount of the annuity under the Railroad Retirement Act of 1974 equal to the amount of the benefit 45 USC 231. to which the taxpayer would have been entitled under the Social Security Act if all of the service after December 31, 42 USC 1305 et 1936, of the employee (on whose employment record the *^9 annuity is being paid) had been included in the term 'employment' as defined in the Social Security Act, and "(B) a monthly annuity amount under section 3(f)(3) of the Railroad Retirement Act of 1974.". 45 USC 231b. Qa) EFFECTIVE DATE.—The amendment made by subsection (a) 26 USC 86 note. shall apply to any monthly benefit for which the generally applicable payment date is after December 31, 1985. SEC. 13205. MEDICARE COVERAGE OF, AND APPLICATION OF HOSPITAL INSURANCE TAX TO, NEWLY HIRED STATE AND LOCAL GOVERNMENT EMPLOYEES. (a) APPLICATION OF HOSPITAL INSURANCE TAX TO NEWLY HIRED EMPLOYEES OF STATE AND LOCAL GOVERNMENTS.—

(1) IN GENERAL.—Subsection (u) of section 3121 (relating to 26 USC 3121. application of hospital insurance tax to Federal employment) is amended to read as follows: "(u) APPLICATION OF HOSPITAL INSURANCE TAX TO FEDERAL, STATE, AND LOCAL EMPLOYMENT.— "(1) FEDERAL EMPLOYMENT.—For purposes of the taxes im-

posed by sections 31010?) and 3111(b), subsection (b) shall be 26USe3ioi, applied without regard to paragraph (5) thereof. 3lii. "(2) STATE AND LOCAL EMPLOYMENT.—For purposes of the

taxes imposed by sections 3101(b) and 31110t))— "(A) IN GENERAL.—Except as provided in subparagraphs (B) and (C), subsection (b) shall be applied without regard to paragraph (7) thereof. "(B) EXCEPTION FOR CERTAIN SERVICES.—Service shall not be treated as employment by reason of subparagraph (A) if— "(i) the service is included under an agreement under section 218 of the Social Security Act, or 42 USC 418.

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 100 STAT. 314

District of Columbia.

42 USC 418.

PUBLIC LAW 99-272—APR. 7, 1986 "(ii) the service is performed— "(I) by an individual who is employed by a State or political subdivision thereof to relieve him from unemployment, "(H) in a hospital, home, or other institution by a patient or inmate thereof as an employee of a State or political subdivision thereof or of the District of Columbia, "(III) by an individual, as an employee of a State or political subdivision thereof or of the District of Columbia, serving on a temporary basis in case of fire, storm, snow, earthquake, flood or other similar emergency, or "(IV) by any individual as an employee included under section 5351(2) of title 5, United States Code (relating to certain interns, student nurses, and other student employees of hospitals of the District of Columbia Government), other than as a medical or dental intern or a medical or dental resident in training. As used in this subparagraph, the terms 'State' and 'political subdivision' have the meanings given those terms in section 218(b) of the Social Security Act. "(C) EXCEPTION FOR CURRENT EMPLOYMENT WHICH CON-

TINUES.—Service performed for an employer shall not be treated as employment by reason of subparagraph (A) if— "(i) such service would be excluded from the term 'employment' for purposes of this chapter if subparagraph (A) did not apply; "(ii) such service is performed by an individual— "(I) who was performing substantial and regular service for remuneration for that employer before April 1, 1986, "(II) who is a bona fide employee of that employer on March 31, 1986, and "(III) whose employment relationship with that employer was not entered into for purposes of meeting the requirements of this subparagraph; and "(iii) the employment relationship with that employer has not been terminated after March 31, 1986. "(D) TREATMENT OF AGENCIES AND INSTRUMENTAUTIES.—

District of Columbia. 42 USC 418.

For purposes of subparagraph (C), under regulations— "(j) All agencies and instrumentalities of a State (as defined in section 218(b) of the Social Security Act) or of the District of Columbia shall be treated as a single employer. "(ii) All agencies and instrumentalities of a political subdivision of a State (as so defined) shall be treated as a single employer and shall not be treated as described in clause (i). "(3)

MEDICARE QUALIFIED GOVERNMENT EMPLOYMENT.—For

purposes of this chapter, the term 'medicare qualified government employment' means service which— "(A) is employment (as defined in subsection (b)) with the application of paragraphs (1) and (2), but

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