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(b) TRANSMITTAL TO PRESIDENT.—A printed enrollment prepared pursuant to subsection (a) shall be signed by the presiding officers of both Houses of Congress as a correct printing of the hand enrollment of this Act and shall be transmitted to the President. (c) CERTIFICATION BY PRESIDENT; LEGAL EFFECT.—Upon certifi-

cation by the President that a printed enrollment transmitted pursuant to subsection (b) is a correct printing of the hand enrollment of this Act, such printed enrollment shall be considered for all purposes as the original enrollment of this Act and as valid evidence of the enactment of this Act. (d) ARCHIVES.—A printed enrollment certified by the President under subsection (c) shall be transmitted to the Archivist of the United States, who shall preserve it with the hand enrollment. In preparing this Act for publication in slip form and in the United States Statutes at Large pursuant to section 112 of title 1, United States Code, the Archivist of the United States shall use the printed enrollment certified by the President under subsection (c) in lieu of the hand enrollment. (e) HAND ENROLLMENT DEFINED.—As used in this section, the term "hand enrollment" means enrollment in a form other than the printed form required by sections 106 and 107 of title 1, United States Code, as authorized by the joint resolution entitled "Joint resolution authorizing the hand enrollment of the budget reconciliation bill and of the full-year continuing resolution for fiscal year 1988", approved December 1987 (H.J. Res. 426 of the 100th Congress). SEC. 8005. ASSET SALES.

In the fiscal year 1989 budget process. Congress commits to pass legislation sufficient to achieve the budget summit agreement of $3,500,000,000 of asset sales in fiscal year 1989.

TITLE IX—INCOME SECURITY AND RELATED PROGRAMS -. ^

TABLE OF CONTENTS Subtitle A — O A S D I Provisions PART 1—COVERAGE AND BENEFITS

Sec. 9001. Coverage of inactive duty military training. Sec. 9002. Coverage of all cash pay of agricultural employees whose employers spend $2,500 or more a year for agricultural labor. Sec. 9003. Coverage of the employer cost of group-term life insurance. Sec. 9004, Coverage of services performed by one spouse in the employ of the other. Sec. 9005. Treatment of service performed by an individual in the employ of a parent. Sec. 9006. Application of employer taxes to employees' cash tips. Sec. 9007. Applicability of Government pension offset to certain Federal employees. Sec. 9008. Modification of agreement with Iowa to provide coverage for certain policemen and firemen. Sec. 9009. Continuation of disability benefits during appeal. Sec. 9010. Extension of disability re-entitlement period from 15 months to 36 months. PART 2—OTHER SOCIAL SECURITY PROVISIONS

Sec. 9021. Moratorium on reductions in attorneys' fees; studies of attorneys' fee payment system. Sec. 9022. Corporate directors. Sec. 9023. Technical corrections.

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PUBLIC LAW 100-203—DEC. 22, 1987 PART 3—RAILROAD RETIREMENT PROGRAM

Sec. 9031. Increase in rates of tier 2 Railroad Retirement Tax on employees for 1988 and thereafter. Sec. 9032. Increase in rates of tier 2 Railroad Retirement Tax on employers for 1988 and thereafter. Sec. 9033. Commission on Railroad Retirement Reform. -7" Sec. 9034. Transfer to railroad retirement account. " ' '^ '. Subtitle B—Provisions Relating to Public Assistance and Unemployment Compensation PART 1—AFDC AND SSI AMENDMENTS

Sec. 9101. Permanent extension of disregard of nonprofit organizations' in-kind assistance to SSI and AFDC recipients. Sec. 9102. Fraud control under AFDC program. Sec. 9103. Exclusion of real property when it cannot be sold. Sec. 9104. Adjustment of penalty where asset is transferred for less than fair market value. Sec. 9105. Exclusion of interest on burial accounts. Sec. 9106. Exception from SSI retrospective accounting for AFDC and certain other assistance payments. Sec. 9107. Technical amendment relating to 1986 amendment concerning the treatment of certain couples in medical institutions. Sec. 9108. Extension of deadline for disabled widows to apply for Medicaid protection under 1984 amendments. Sec. 9109. Increase in SSI emergency advance payments. Sec. 9110. Modification of interim assistance reimbursement program. Sec. 9111. Special notice to blind recipients. Sec. 9112. Rehabilitation services for blind SSI recipients. Sec. 9113. Extending the number of months that an individual in a public emergency shelter can be eligible for SSI. Sec. 9114. Exclusion of underpayments from resources. Sec. 9115. Continuation of full benefit standard for individuals temporarily institutionalized. Sec. 9116. Retention of Medicaid when SSI benefits are lost upon entitlement to early widow's or widower's insurance benefits. Sec. 9117. Demonstration program to assist homeless individuals. Sec. 9118. Assistance to homeless AFDC families. Sec. 9119. Increase in personal needs allowance for SSI recipients. Sec. 9120. Exclusion of death benefits to the extent spent on last illness and burial. Sec, 9121. Demonstration of Family Independence Program.*' Sec. 9122. Child support demonstration program in New York State.** Sec. 9123. Technical correction. PART 2—SOCIAL SERVICES, CHILD WELFARE SERVICES, AND OTHER PROVISIONS RELATING TO CHILDREN

Sec. 9131. Permanent extension of authority for voluntary foster care placements. Sec. 9132. 2-year extension of foster care ceiling and of authority to transfer foster care funds to child welfare services. Sec. 9133. Mother/infant foster care. Sec. 9134. Increased funding for social services block grants. Sec. 9135. Extension of social services block grant and child welfare services programs to American Samoa. Sec. 9136. National Commission on Children.*^ Sec. 9137. Boarder babies demonstration project. Sec. 9138. Study of infants and children with AIDS in foster care. Sec. 9139. Technical corrections. PART 3—CHILD SUPPORT ENFORCEMENT AMENDMENTS

Sec. 9141. Continuation of child support enforcement services to families no longer receiving AFDC. Sec. 9142. Child support enforcement services required for certain families receiving Medicaid. Sec. 9143. Repeal of unnecessary child support revolving fund.
 * ' Copy read "family independence program.".
 * •• Copy read "state.'.
 * •'' Copy read "commission on children.".

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PART 4—UNEMPLOYMENT COMPENSATION

Sec. 9151. Determination of amount of Federal share with respect to certain extended benefits payments. Sec. 9152. Demonstration program to provide self-employment allowances for eligible individuals. Sec. 9153. Extension of FUTA tax. Sec. 9154. Transfer of funds into the Federal Unemployment Account and the Extended Unemployment Compensation Account. Sec. 9155. Interest on advances to the Federal Unemployment Account and the Extended Unemployment Compensation Account. Sec. 9156. Crediting to the Federal Unemployment Account of interest earned on advances by the States.

'•

Subtitle C—Manufacturers Excise Tax on Certain Vaccines Sec. 9201. Manufacturers excise tax on certain vaccines. Sec. 9202. Vaccine Injury Compensation Trust Fund. Subtitle D—Pension Provisions PART I—FULL-FUNDING LIMITATIONS

Sec. 9301. Full-funding limitation for deductions to qualified plans. PART II—PENSION FUNDING AND TERMINATION REQUIREMENTS

 * t.

Sec. 9302. Short title; definitions. SUBPART A—ADDITIONAL FUNDING REQUIREMENTS

Sec. 9303. Additional funding requirements. Sec. 9304. Time for making contributions. Sec. 9305. Liability of members of controlled group for taxes on failure to meet minimum funding standards and to make minimum funding contributions. Sec. 9307. Other funding changes. SUBPART B—PLANT TERMINATIONS

Sec. 9311. Limitations on employer reversions upon plan termination. Sec. 9312. Elimination of section 4049 trust: increase in liability to pension benefit guaranty corporation and in payments by corporation to participants and beneficiaries. Sec. 9313. Standards for termination. Sec. 9314. Additional amendments relating to plan termination.

1'

SUBPART C—INCREASE IN PREMIUM RATES

Sec. 9331. Increase in premium rates. SUBPART D—MISCELLANEOUS PROVISIONS

Sec. 9341. Security required upon adoption of plan amendment resulting in significant underfunding. Sec. 9342. Reporting requirements. Sec. 9343. Coordination of provisions of the Internal Revenue Code of 1986 with provisions of the Employee Retirement Income Security Act of 1974. Sec. 9344. Clarification regarding the imposition of an annual sanction for prohibited transactions which are continuing in nature. Sec. 9345. Additional limitations on investment by an individual account plan forming part of a floor-offset arrangement and on investment by an individual account plan in employer stock. Sec. 9346. Interest rate on accumulated contributions. Subtitle E—Miscellaneous Provisions Sec. 9401. Restoration of trust funds for 1987. Sec. 9402. 6-month extension of provisions relating to collection of non-tax debts owed to Federal agencies. Sec. 9403. Increase in limit on long-term bonds. Sec. Sec. Sec. Sec.

Subtitle F—Customs User Fees; Trade and Customs Authorizations 9501. Customs user fees. 9502. United States International Trade Commission authorizations. 9503. United States Customs Service ** authorizations. 9504. Office of the United States Trade Representative authorizations.

"• Copy read "service".

'

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PUBLIC LAW 100-203—DEC. 22, 1987

Subtitle A—OASDI Provisions PART 1—COVERAGE AND BENEFITS

^

SEC. 9001. COVERAGE OF INACTIVE DUTY MILITARY TRAINING. (a) SOCIAL SECURITY ACT AMENDMENTS.—(1) Paragraph (1) of sec-

42 USC 410.

42 USC 409.

26 USC 3121.

42 USC 429. 26 USC 3121 "°*®-

tion 210(1) of the Social Security Act is amended to read as follows: "(1)(1) Except as provided in paragraph (4), the term 'employment' shall, notwithstanding the provisions of subsection (a) of this section, include— "(A) service performed after December 1956 by an individual as a member of a uniformed service on active duty, but such term shall not include any such service which is performed while on leave without pay, and "(B) service performed after December 1987 by an individual as a member of a uniformed service on inactive duty training.". (2) The second indented paragraph following subsection (s) in section 209 of such Act (relating to service in the uniformed services) is amended by striking "only his basic pay" and all that follows and inserting "only (1) his basic pay as described in chapter 3 and section 1009 of title 37, United States Code, in the case of an individual performing service to which subparagraph (A) of such section 210(1)(1) applies, or (2) his compensation for such service as determined under section 206(a) of title 37, United States Code, in the case of an individual performing service to which subparagraph (B) of such section 210(1)(1) applies.". (b) FICA AMENDMENTS.—(1) Paragraph (1) of section 3121(m) of the Internal Revenue Code of 1986 (relating to inclusion of service in the uniformed services) is amended to read as follows: "(1) INCLUSION OF SERVICE.—The term 'employment' shall, notwithstanding the provisions of subsection (b) of this section, include— "(A) service performed by an individual as a member of a uniformed service on active duty, but such term shall not include any such service which is performed while on leave r<I without pay, and "(B) service performed by an individual as a member of a uniformed service on inactive duty training.". (2) Paragraph (2) of section 3121(i) of such Code (relating to computation of wages for individuals performing service in the uniformed services) is amended by striking "only his basic pay" and all that follows and inserting "only (A) his basic pay as described in chapter 3 and section 1009 of title 37, United States Code, in the case of an individual performing service to which subparagraph (A) of such subsection (m)(l) applies, or (B) his compensation for such service as determined under section 206(a) of title 37, United States Code, in the case of an individual performing service to which subparagraph (B) of such subsection (m)(l) applies.". (c) CONFORMING AMENDMENT. — S e c t i o n 229(a) of the Social Security Act is amended by striking "section 210(1)" and inserting "210(1)(1)(A)". (d) EFFECTIVE D A T E. — The amendments m a d e by this section shall apply with respect to remuneration paid after December 31, 1987.

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101 STAT. 1330-287

SEC. 9002. COVERAGE OF ALL CASH PAY OF AGRICULTURAL EMPLOYEES WHOSE EMPLOYERS SPEND $2,500 OR MORE A YEAR FOR AGRICULTURAL LABOR. (a) SOCIAL SECURITY ACT AMENDMENT. — Paragraph (2) of section

209(h) of the Social Security Act is amended by striking clause (B) and inserting "(B) the employer's expenditures for agricultural labor in such year equal or exceed $2,500;". (b) PICA AMENDMENT. — Subparagraph (B) of section 3121(a)(8) of the I n t e r n a l Revenue Code of 1986 (relating to wages) is amended by striking clause (ii) and inserting "(ii) the employer's expenditures for a g r i c u l t u r a l labor in such year equal or exceed $2,500;". (c) EFFECTIVE D A T E. — The amendments m a d e by this section shall apply with respect to r e m u n e r a t i o n for agricultural labor paid after December 31, 1987.

42 USC 409.

26 USC 3121. 26 USC 3121 note.

SEC. 9003. COVERAGE OF THE EMPLOYER COST OF GROUP-TERM LIFE INSURANCE. (a) COVERAGE U N D E R O L D - A G E, SURVIVORS, AND DISABILITY INSURANCE P R O G R A M. — (1) SOCIAL SECURITY ACT AMENDMENT. — C l a u s e (3) of section

209(b) of the Social Security Act is amended by striking " death " 42 USC 409. and inserting " death, except that this subsection does not apply to a payment for group-term life insurance to the e x t e n t that such payment is includible in the gross income of the employee under the I n t e r n a l Revenue Code of 1986". (2) PICA AMENDMENT. — Subparagraph (C) of section 3121(a)(2) of the I n t e r n a l Revenue Code of 1986 (relating to wages) is 26 USC 3121. amended by striking " death " and inserting "death, except that this paragraph does not apply to a payment for group-term life insurance to the e x t e n t that such payment is includible in the gross income of the employee". (b) EFFECTIVE D A T E. — The amendments m a d e by subsection (a)

shall apply with respect to group-term life insurance coverage in effect after December 31, 1987.

26 USC 3121

"ote.

SEC. 9004. COVERAGE OF SERVICES PERFORMED BY ONE SPOUSE IN THE EMPLOY OF THE OTHER. (a) SOCIAL SECURITY ACT AMENDMENTS. —

(1) IN GENERAL.—Subparagraph (A) of section 210(a)(3) of the Social Security Act is amended by striking "performed by a n individual in the employ of his spouse, and service".

42 USC 410.

(2) EXCEPTION FOR CERTAIN DOMESTIC SERVICE I N THE PRIVATE

HOME OF A SPOUSE.—Paragraph (3) of section 210(a) of such Act is amended by striking so m u c h of subparagraph (B) a s precedes clause (i) and inserting the following: "(B) Service not in the course of the employer's trade or business, or domestic service in a private home of the employer, performed by a n individual in the employ of his spouse or son or d a u g h t e r; except that the provisions of this subparagraph shall not be applicable to such domestic service performed by a n individual in the employ of his son or d a u g h t e r if—". Ob) PICA AMENDMENTS. —

(1) IN GENERAL.—Subparagraph (A) of section 31210t))(3) of the I n t e r n a l Revenue Code of 1986 (relating to employment) is amended by striking "performed by a n individual in the employ of his spouse, and service".

26 USC 3121.

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PUBLIC LAW 100-203—DEC. 22, 1987

(2) EXCEPTION FOR CERTAIN DOMESTIC SERVICE I N THE PRIVATE

HOME OF A SPOUSE.—Paragraph (3) of section 3121(b) of such Code (relating to employment) is amended by striking so m u c h of subparagraph (B) a s precedes clause (i) and inserting the .'^^i in . f following: > "(B) service not in the course of the employer's trade or business, or domestic service in a private h o m e of the employer, 1 performed by a n individual in the employ of his spouse or son or c&i ''?' daughter; except that the provisions of this subparagraph shall not be applicable to such domestic service performed by a n individual in the employ of his son or d a u g h t e r if—". 26 USC 3121 (c) EFFECTIVE D A T E. — The amendments m a d e by t h i s section shall ^°^^apply with respect to r e m u n e r a t i o n paid after December 31, 1987. SEC. 9005. TREATMENT OF SERVICE PERFORMED BY AN INDIVIDUAL IN THE EMPLOY OF A PARENT. 42 USC 410.

(a) SOCIAL SECURITY ACT AMENDMENTS. — ' (1) A G E BELOW W H I C H SERVICE FOR PARENT IS EXCLUDED FROM COVERED EMPLOYMENT REDUCED TO AGE 1 8. — Subparagraph (A) of

section 210(a)(3) of the Social Security Act (as amended by section 9004(a)(1) of this Act) is further amended by striking "twenty-one" and inserting " 1 8 ".

5t't a <

(2) EXCEPTION FOR CERTAIN DOMESTIC SERVICE I N THE PRIVATE

i 111? au

HOME OF PARENT.—Subparagraph (B) of section 210(a)(3) of such Act (as amended by section 9004(a)(2) of this Act) is further amended by inserting " under the age of 21 in the employ of his father or mother, or performed by a n individual" after "individual" the first place it appears, r (b) FICA AMENDMENTS.— (1) AGE BELOW WHICH SERVICE FOR PARENT IS EXCLUDED FROM

I5{:

w. { .•j:6a i

COVERED EMPLOYMENT REDUCED TO AGE 18.—Subparagraph (A) of section 31210t)X3) of the Internal Revenue Code of 1986 (as amended by section 9004(b)(1) of this Act) is further amended by striking " 2 1 " and inserting "18". (2) EXCEPTION FOR CERTAIN DOMESTIC SERVICE IN THE PRIVATE

26 USC 3121 "°^

HOME OF PARENT.—Subparagraph (B) of section 3121(b)(3) of such Code (as amended by section 9004(b)(2) of this Act) is further amended by inserting "under the age of 21 in the employ of his ' father or mother, or performed by an individual" after "individual" the first place it appears. (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to remuneration paid after December 31, 1987. SEC. 9006. APPLICATION OF EMPLOYER TAXES TO EMPLOYEES' CASH TIPS. (a) APPLICATION OF TAX TO TIPS.—Section 3121(q) of the Internal

26 USC 3121.

Revenue Code of 1986 (relating to inclusion of tips for employee taxes) is amended— (1) by striking "EMPLOYEE TAXES" in the heading and inserting "BOTH EMPLOYEE AND EMPLOYER TAXES";

' - • ' ' • '•

(2) by striking "other than for purposes of the taxes imposed by section 3111"; (3) by striking "remuneration for employment" and inserting "remuneration for such employment (and deemed to have been paid by the employer for purposes of subsections (a) and (b) of section 3111)"; and

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(4) by inserting after "at the time received" the following: "; except that, in determining the employer's liability in connection with the taxes imposed by section 3111 with respect to such tips in any case where no statement including such tips '' was so furnished (or to the extent that the statement so furnished was inaccurate or incomplete), such remuneration shall be deemed for purposes of subtitle F to be paid on the date on which notice and demand for such taxes is made to the employer by the Secretary". (b) CONFORMING AMENDMENTS.—(1) Subsections (a) and (b) of section 3111(a) of such Code (relating to rate of tax on employers) are 26 USC 3iii. each amended by striking "and (t)". (2) Section 3121(t) of such Code (relating to special rule) is repealed. (c) EFFECTIVE DATE.—The amendments made by this section shall 26 USC 3iii apply with respect to tips received (and wages paid) on and after "°^® January 1, 1988. SEC. 9007. APPLICABILITY OF GOVERNMENT PENSION OFFSET TO CERTAIN FEDERAL EMPLOYEES.

(a) WIFE'S INSURANCE BENEFITS.—Paragraph (4) of section 202(b) of the Social Security Act is amended— 42 USC 402. (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following: "(A) The amount of a wife's insurance benefit for each month (as determined after application of the provisions of subsections (q) and (k)) shall be reduced (but not below zero) by an amount equal to twothirds of the amount of any monthly periodic benefit payable to the wife (or divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day she was employed by such entity— "(i) such service did not constitute 'employment' as defined in section 210, or "(ii) such service was being performed while in the service of the Federal Government, and constituted 'employment' as so defined solely by reason of— "(I) clause (ii) or (iii) of subparagraph (G) of section 210(a)(5), where the lump-sum payment described in such •;^)v clause (ii) or the cessation of coverage described in such clause (iii) (whichever is applicable) was received or oc')) curred on or after January 1, 1988, or "(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph (B) applies. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. "(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted 'employment' as defined in section 210 if such service was performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the wife (or divorced wife) is

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eligible for benefits under this subsection and has made a valid application for such benefits.". (b) HUSBAND'S INSURANCE BENEFITS.—Paragraph (2) of section 42 USC 402. 202(c) of such Act is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following: "(A) The amount of a husband's insurance benefit for each month (as determined after application of the provisions of subsections (q) and (k)) shall be reduced (but not below zero) by an amount equal to ii two-thirds of the amount of any monthly periodic benefit payable to the husband (or divorced husband) for such month which is based upon his earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section '' 218(b)(2)) if, on the last day he was employed by such entity— "(i) such service did not constitute 'employment' as defined in section 210, or "(ii) such service was being performed while in the service of the Federal Government, and constituted 'employment' as so defined solely by reason of— "(I) clause (ii) or (iii) of subparagraph (G) of section ^^? ' "* ^ 210(a)(5), where the lump-sum payment described in such • >>) clause (ii) or the cessation of coverage described in such clause (iii) (whichever is applicable) was received or v occurred on or after January 1, 1988, or "(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph (B) applies. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. "(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted 'employment' as defined in section 210 if such service was performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the husband (or divorced husband) is eligible for benefits under this subsection and has made a valid application for such benefits.". (c) WIDOW'S INSURANCE BENEFITS.—Paragraph (7) of section 202(e) of such Act is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following: "(A) The amount of a widow's insurance benefit for each month (as determined after application of the provisions of subsections (q) and (k), paragraph (2)(D), and paragraph (3)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the widow (or surviving divorced wife) for such month which is based upon her earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day she was employed by such entity— "(i) such service did not constitute 'employment' as defined in section 210, or

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"(ii) such service was being performed while in the service of the Federal Government, and constituted 'employment' as so defined solely by reason of— "(I) clause (ii) or (iii) of subparagraph (G) of section 210(a)(5), where the lump-sum payment described in such clause (ii) or the cessation of coverage described in such clause (iii) (whichever is applicable) was received or

• /: V occurred on or after January 1, 1988, or "(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph (B) applies. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. "(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted 'employment' as defined in section 210 if such service was performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the widow (or surviving divorced wife) is eligible for benefits under this subsection and has made a valid application for such benefits.". (d) WIDOWER'S INSURANCE BENEFITS.—Paragraph (2) of section 202(0 of such Act is amended— 42 USC 402. (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following: "(A) The amount of a widower's insurance benefit for each month (as determined after application of the provisions of subsections (q) and (k), paragraph (3)(D), and paragraph (4)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the widower (or surviving divorced husband) for such month which is based upon his earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day he was employed by such entity— '(i) such service did not constitute 'employment' as defined in section 210, or "(ii) such service was being performed while in the service of the Federal Government, and constituted 'employment' as so defined solely by reason of— "(I) clause (ii) or (iii) of subparagraph (G) of section 210(a)(5), where the lump-sum payment described in such clause (ii) or the cessation of coverage described in such ' clause (iii) (whichever is applicable) was received or occurred on or after January 1, 1988, or "(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph (B) applies. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. ' ' ''' ' " "(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted 'employment' as defined in section 210 if such service was

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performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the widower (or surviving divorced husband) is eligible for benefits under this subsection and has made a valid application for such benefits.", (e) MOTHER'S AND FATHER'S INSURANCE BENEFITS.—Paragraph (4)

42 USC 202.

of section 202(g) of such Act is amended— (1) by redesignating subparagraph (B) as subparagraph (C); and (2) by striking subparagraph (A) and inserting the following: "(A) The amount of a mother s or father's insurance benefit for each month (as determined after application of the provisions of subsection (k)) shall be reduced (but not below zero) by an amount equal to two-thirds of the amount of any monthly periodic benefit payable to the individual for such month which is based upon the individual's earnings while in the service of the Federal Government or any State (or political subdivision thereof, as defined in section 218(b)(2)) if, on the last day the individual was employed by such entity— "(i) such service did not constitute 'employment' as defined in section 210, or "(ii) such service was being performed while in the service of the Federal Government, and constituted 'employment' as so defined solely by reason of— "(I) clause (ii) or (iii) of subparagraph (G) of section 210(a)(5), where the lump-sum payment described in such clause (ii) or the cessation of coverage described in such clause (iii) (whichever is applicable) was received or occurred on or after January 1, 1988, or "(II) an election to become subject to chapter 84 of title 5, United States Code, made pursuant to law after December 31, 1987, unless subparagraph (B) applies. The amount of the reduction in any benefit under this subparagraph, if not a multiple of $0.10, shall be rounded to the next higher multiple of $0.10. "(B) Subparagraph (A)(ii) shall not apply with respect to monthly periodic benefits based in whole or in part on service which constituted 'employment' as defined in section 210 if such service was performed for at least 60 months in the aggregate during the period beginning January 1, 1988, and ending with the close of the first calendar month as of the end of which the individual is eligible for benefits under this subsection and has made a valid application for such benefits.". 42 USC 402 note. (f) EFFECTIVE DATE.—The amendments made by this section shall apply only with respect to benefits for months after December 1987; except that nothing in such amendments shall affect any exemption (from the application of the pension offset provisions contained in subsection (b)(4), (c)(2), (e)(7), (f)(2), or (g)(4) of section 202 of the Social Security Act) which any individual may have by reason of subsection (g) or (h) of section 334 of the Social Security Amendments of 1977. 42 USC 418 note.
 * I }«] ii

SEC. 9008. MODIFICATION OF AGREEMENT WITH IOWA TO PROVIDE COVERAGE FOR CERTAIN POLICEMEN AND FIREMEN.

(a) IN GENERAL.—Notwithstanding subsection (d)(5)(A) of section 218 of the Social Security Act and the references thereto in subsec-

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101 STAT. 1330-293

tions (d)(1) and (d)(3) of such section 218, the agreement with the State of Iowa heretofore entered into pursuant to such section 218 may, at any time prior to January 1, 1989, be modified pursuant to subsection (c)(4) of such section 218 so as to apply to services performed in policemen's or firemen's positions required to be covered by a retirement system pursuant to section 410.1 of the Iowa Code as in effect on July 1, 1953, if the State of Iowa has at any time prior to the date of the enactment of this Act paid to the Secretary of the Treasury, with respect to any of the services performed in such positions, the sums prescribed pursuant to subsection (e)(1) of such section 218 (as in effect on December 31, 1986, with respect to payments due with respect to wages paid on or before such date). (b) SERVICE TO B E COVERED.—Notwithstanding the provisions of subsection (e) of section 218 of the Social Security Act (as so redesignated by section 9002(c)(1) of the Omnibus Budget Reconciliation Act of 1986)), any modification in the agreement with the State of Iowa under subsection (a) shall be made effective with respect to— (1) all services performed in any policemen's or firemen's position to which the modification relates on or after January 1, 1987, and (2) all services performed in such a position before January 1, 1987, with respect to which the State of Iowa has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e)(1) of such section 218 (as in effect on December 31, 1986, with respect to payments due with respect to wages paid on or before such date) at the time or times established pursuant to such subsection (e)(1), if and to the extent that— (A) no refund of the sums so paid has been obtained, or (B) a refund of part or all of the sums so paid has been obtained but the State of Iowa repays to the Secretary of the Treasury the amount of such refund within 90 days after the date on which the modification is agreed to by the .. State and the Secretary of Health and Human Services.

',..=

dSi € U i '

,

SEC. 9009. CONTINUATION OF DISABILITY BENEFITS DURING APPEAL.

Subsection (g) of section 223 of the Social Security Act is 42 USC 423. amended— (1) in paragraph (l)(iii), by striking "June 1988" and inserting "June 1989"; and (2) in paragraph (3)(B), by striking "January 1, 1988" and inserting "January 1, 1989". SEC. 9010. EXTENSION OF DISABILITY RE-ENTITLEMENT PERIOD FROM 15 MONTHS TO 36 MONTHS. (a) DiSABiliTY INSURANCE BENEFITS.—Paragraph (1) of section 223(a) of the Social Security Act is amended by striking "15 months" and inserting "36 months". Ob) CHILD'S INSURANCE BENEFITS BASED ON DISABILITY.—Clause (i)

of section 202(d)(l)(G) of such Act is amended by striking "15 42 USC 402. months" and inserting "36 months". (c) WIDOW'S INSURANCE BENEFITS BASED ON DISABILITY.—Para-

graph (1) of section 202(e) of such Act is amended, in subclause (II) of the last sentence, by striking "15 months" and inserting "36 months". (d) WIDOWER'S INSURANCE BENEFITS BASED ON DISABILITY.—Para-

graph (1) of section 202(f) of such Act is amended, in subclause (II) of

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PUBLIC LAW 100-203—DEC. 22, 1987

the last sentence, by striking "15 months" and inserting "36 months", (e) CONFORMING AMENDMENTS.— (1) TERMINATION OF PERIOD OF DISABILITY.—Subparagraph (D)

42 USC 416.

of section 216(i)(2) of such Act is amended by striking "15month" and inserting "36-month". (2)

42 USC 423.

TERMINATION

OF

BENEFITS

DURING

RE-ENTITLEMENT

PERIOD.—Subsection (e) of section 223 of such Act is amended by striking "15-month" and inserting "36-month". (3) SPECIAL RULE FOR * ' DETERMINATION OF CONTINUED MEDICARE ELIGIBILITY BASED ON ENTITLEMENT TO DISABILITY BENE-

42 USC 426.

FITS.—Section 226(b) of such Act is amended by adding at the end the following new sentence: "In determining when an individual's entitlement or status terminates for purposes of the preceding sentence, the second sentence of section 223(a) shall be applied as though the term '36 months' (in such second sentence) read '15 months'.". 42 USC 402 note. (f) EFFECTIVE DATE.—The amendments made by this section shall take effect January 1, 1988, and shall apply with respect to— (1) individuals who are entitled to benefits which are payable under subsection (d)(l)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(l)(B)(ii), or (f)(l)(B)(ii) of section 202 of the Social Security Act or subsection (a)(1) of section 223 of such Act for any month after December 1987, and (2) individuals who are entitled to benefits which are payable under any provision referred to in paragraph (1) for any month before January 1988 and with respect to whom the 15-month period described in the applicable provision amended by this section has not elapsed as of January 1, 1988.

PART 2—OTHER SOCIAL SECURITY PROVISIONS SEC. 9021. MORATORIUM ON REDUCTIONS IN ATTORNEYS' FEES; STUDIES OF ATTORNEYS' FEE PAYMENT SYSTEM.

(a) MORATORIUM.—(1) The provisions of the memorandum of the Associate Commissioner of Social Security dated March 31, 1987 (relating to revised delegations of authority for administrative law judges to determine fees of representatives) which amend sections 1-220 through 1-226 of the Office of Hearings and Appeals Staff Guides and Programs Digest (commonly referred to as the OHA Handbook), and Interim Circular No. 122 (relating to the determination authority regarding fees for representation of claimants), are hereby declared to be null and void. The preceding sentence shall apply with respect to all attorneys' fees finally authorized in connection with claims for benefits under title II of the Social Security Act on and after the date of the enactment of this Act, regardless of when the legal services involved were performed; and no reconsideration of any such fee finally authorized prior to that date shall be required. (2) Until July 1, 1989, neither the Secretary nor the Social Security Administration may modify any of the rules and regulations relating to attorneys' fees in connection with claims for benefits under title II of the Social Security Act.
 * ' Copy read "FOR".

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(b) STUDIES.—(1) The Secretary of Health and Human Services shall conduct a study of the attorneys' fee payment process under title II of the Social Security Act. Such study shall— (A) assess the levels of reimbursement to attorneys, giving consideration to the contingent nature of most arrangements between claimants and their legal representatives, and propose alternative methods for establishing fees which take the nature of these arrangements into account, and (B) suggest changes aimed at eliminating unnecessary delays in the approval and payment of attorneys' fees and thereby streamlining the payment process. In conducting this study, the Secretary shall consult with individuals who represent the views of attorneys and with others who represent the views of claimants. (2) At the same time, the Comptroller General shall conduct a study of the fee approval system, including at a minimum— (A) a study of the impact of the current system on claimants and attorneys, (B) an identification of obstacles to the timely payment of attorneys' fees under present law, and (C) an assessment of the effect, if any, which the reduced limit on attorneys' fees in effect immediately prior to the enactment of this Act has had on access to legal representation by applicants for disability insurance benefits. (3) 'The studies required by paragraphs (1) and (2), along with any recommendations resulting therefrom, shall be submitted to the Congress no later than July 1, 1988.

''

"'

SEC. 9022. CORPORATE DIRECTORS.

(a) SOCIAL SECURITY ACT AMENDMENT.—Section 211(a) of the Social Security Act is amended by adding at the end thereof the 42 USC 4ii. following new paragraph: "Any income of an individual which results from or is attributable to the performance of services by such individual as a director of a j;:.• > corporation during any taxable year shall be deemed to have been derived (and received) by such individual in that year, at the time the services were performed, regardless of when the income is actually paid to or received by such individual (unless it was actually paid and received prior to that year).". (b) SECA AMENDMENT.—Section 1402(a) of the Internal Revenue Code of 1986 (relating to definition of net earnings from self-employ- 26 USC 1402. ment) is amended by adding at the end thereof the following new paragraph: "Any income of an individual which results from or is attributable to the performance of services by such individual gis a director of a corporation during any taxable year shall be deemed to have been derived (and received) by such individual in that year, at the time the services were performed, regardless of when the income is actually paid to or received by such individual (unless it was actually paid and received prior to that year).". (c) EFFECTIVE DATE.—The amendments made by this section shall apply with respect to services performed in taxable years beginning on or after January 1, 1988. SEC. 9023. TECHNICAL CORRECTIONS. (a) The heading of section 210(p) of the Social Security Act is 42 USC 410. amended to read as follows:

91-194 O - 90 - 35: QL.3 Part 2

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PUBLIC LAW 100-203—DEC. 22, 1987 "Medicare Qualified Government Employment".

42 USC 411.

(b)(1) Section 211(a)(7) of such Act is amended— (A) by inserting "and" before "section 911"; and (B) by striking "and section 931 (relating to income from sources within possessions of the United States) of the Internal Revenue Code of 1954". (2) Section 211(a)(8) of such Act is amended to read as follows: "(8) The exclusion from gross income provided by section 931 of the Internal Revenue Code of 1986 shall not apply;". (c) Section 218(v) of such Act is amended— ., ,,,,.... (1) by striking "(v)" and inserting "(n)"; (• (2) by striking paragraph (3); and (3) by redesignating paragraphs (4) and (5) as paragraphs (3) and (4) respectively. (d) Section 3121(a)(5) of the Internal Revenue Code of 1986 is amended— (1) by striking "; or" at the end of subparagraph (F) and f inserting ", or"; and . (2) by striking the comma at the end of subparagraph (G) and j inserting a semicolon.

42 USC 418.

26 USC 3121.

PART 3—RAILROAD RETIREMENT PROGRAM SEC. 9031. INCREASE IN RATES OF TIER 2 RAILROAD RETIREMENT TAX ON EMPLOYEES FOR 1988 AND THEREAFTER.

.ItivDfclf

26 USC 3201 "°*®'

(a) IN GENERAL.—Subsection (b) of section 3201 of the I n t e r n a l Revenue Code of 1986 (relating to tier 2 employee tax) is amended to read as follows: "OJ) TIER 2 T A X. — I n addition to other taxes, the r e is hereby imposed on the income of each employee a tax equal to 4.90 percent of the compensation received during any calendar year by such employee for services rendered by such employee.". (b) EFFECTIVE D A T E, — The amendment m a d e by t h i s section shall apply with respect to compensation received after December 31, 1987. SEC. 9032. INCREASE IN RATES OF TIER 2 RAILROAD RETIREMENT TAX ON EMPLOYERS FOR 1988 AND THEREAFTER.

(a) IN GENERAL.—Subsection (b) of section 3221 of the Internal • ' * '^''- Revenue Code of 1986 (relating to tier 2 employer tax) is amended to read as follows: "(b) TIER 2 TAX.—In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 16.10 percent of the compensation paid during any calendar year by such employer for services rendered to such employer.". 26 USC 3221 (b) EFFECTIVE DATE.—The amendments made by this section shall ^°^apply with respect to compensation paid after December 31, 1987. 45 USC 231n note.

SEC. 9033. COMMISSION ON RAILROAD RETIREMENT REFORM. (a) COMMISSION ON RAILROAD RETIREMENT REFORM.—There is

established a commission to be known as the Commission on Railroad Retirement Reform (in this section referred to as the "Commission"). - ' (b) STUDY.—The Commission shall conduct a comprehensive study of the issues pertaining to the long-term financing of the railroad

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retirement system (in this section referred to as the "system") and the system's short-term and long-term solvency. The Commission Reports, shall submit a report containing a detailed statement of its findings and conclusions together with recommendations to the Congress for revisions in, or alternatives to, the current system to assure the provision of retirement benefits to former, present, and future railroad employees on an actuarially sound basis. The study will take into account— (1) the possibility of restructuring the financing of railroad retirement benefits through increases in the tier 2 tax rate, increases in the tier 2 tax wage base, the imposition of a tax on operating revenues, revisions in the investment policy of the railroad retirement pension fund, and establishing a privately funded and administered railroad industry pension plan; (2) the economic outlook for the railroad industry, and the nature of the relationships between the railroad retirement system, levels of railroad employment and compensation, and the performance of the rail sector; (3) the ability of the system under current law to pay benefits to current and future retirees and other beneficiaries; (4) the financial relationship of the system to the railroad unemployment insurance system, the social security system, and the General Fund; and (5) any other matters which the Commission considers would be necessary, appropriate, or useful to the Congress in developing legislation to reform the system. (c) MEMBERSHIP OF THE COMMISSION.— (1) NUMBER AND APPOINTMENT.—The

^

Commission shall be

composed of seven members, as follows: (A) four individuals appointed by the President— (i) one of whom shall be appointed on the basis of recommendations made by representatives of employers (as defined in section 1(a) of the Railroad Retirement Act of 1974) so as to provide representation on the Commission satisfactory to the largest number of employers concerned, (ii) one of whom shall be appointed on the basis of recommendations made by representatives of employees (as defined in section 1(b) of the Railroad Retirement Act of 1974) so as to provide representation on the Commission satisfactory to the largest number of employees concerned, 5 (iii) one of whom shall be appointed on the basis of recommendations made by representatives of commuter railroads, and (iv) one of whom shall be appointed from members of the public; (B) one individual appointed by the Speaker of the House 't of Representatives from among members of the public; ZYd (C) one individual appointed by the President pro tempore of the Senate from among members of the public; and '' (D) one individual appointed by the Comptroller General from among members of the public with expertise in the fields of retirement systems and pension plans. All public members of the Commission shall be appointed from among individuals who are not in the employment of and are not pecuniarily or otherwise interested in any employer (as so

President of U.S.

'

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 101 STAT. 1330-298 President of U.S.

PUBLIC LAW 100-203—DEC. 22, 1987

defined) or organization of employees (as so defined). In making appointments under this section, the President, the Speaker of the House of Representatives, and the President pro tempore of the Senate shall ensure that the members of the Commission, collectively, possess special knowledge of retirement income policy, social insurance, private pensions, taxation, and the structure of the transportation industry. A vacancy in the Commission shall be filled in the manner in which the original appointment was made. (2) PAY.—Members of the Commission shall serve without y compensation, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of their duties as members of the Commission. (3) QUORUM.—Five members of the Commission shall constitute a quorum but a lesser number may hold hearings. (4) CHAIRMAN.—The members of the Commission shall elect a Chairman ^'° from among the membership. (d) STAFF OF COMMISSION; EXPERTS AND CONSULTANTS.—

I }

•i I (•
 * ' *; '.IPS. •

(1) STAFF.—Subject to such rules as may be prescribed by the Commission, the Chairman may appoint and fix the pay of such personnel as the Chairman considers appropriate. (2) APPLICABILITY OF CERTAIN CIVIL SERVICE LAWS.—The staff of the Commission may be appointed without regard to the provisions of title 5, United States Code, governing appointments in the competitive service, and may be paid without regard to the provisions of chapter 51 and subchapter III of chapter 53 of such title relating to classification and General Schedule pay rates, except that no individual so appointed may receive pay in excess of the annual rate of basic pay payable for GS-18 of the General Schedule. (3) EXPERTS AND CONSULTANTS.—Subject to such rules as may be prescribed by the Commission, the Chairman may procure temporary and intermittent services under section 31090?) of title 5 of the United States Code, but at rates for individuals not to exceed the daily equivalent of the maximum annual rate of basic pay payable for GS-18 of the General Schedule. (4)

STAFF

OF FEDERAL

AGENCIES.—Upon

request

of

the

J Federal agency may detail, on a reimbursable basis, any of the r personnel thereof to the Commission to assist the Commission in carrying out its duties under this section. (e) ACCESS TO OFFICIAL DATA AND SERVICES.— (1) OFFICIAL DATA.—The Commission may, as appropriate,
 * Commission, the Railroad Retirement Board and any other

.; secure directly from any department or agency of the United States information necessary to enable it to carry out this I section. Upon request of the Chairman of the Commission, the head of such department or agency shall, as appropriate, furt nish such information to the Commission. (2) MAILS.—The Commission may use the United States mails in the same manner and under the same conditions as other (3) ADMINISTRATIVE SUPPORT SERVICES.—The Administrator of General Services shall provide to the Commission on a reimbursable basis such administrative support services as the Commission may request. (f) REPORT.—The Commission shall transmit a report to the President and to each House of the Congress not later than October 1, "'"Copy read "chairman".
 * departments and agencies of the United States.

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101 STAT. 1330-299

1989. The report shall contain a detailed statement of the findings and conclusions of the Commission, together with its legislative recommendations. (g) TERMINATION.—The Commission shall cease to exist 60 days after submitting its report pursuant to subsection (f). (h) AUTHORIZATION OF APPROPRIATIONS.—There is authorized to be appropriated the sum of $1,000,000 for purposes of this section, to remain available until expended but in no event beyond the date of termination provided in subsection (g). SEC. 9034. TRANSFER TO RAILROAD RETIREMENT ACCOUNT.

Subsection (c)(1)(A) of section 224 of the Railroad Retirement Solvency Act of 1983 (relating to section 72(r) revenue increase 45 USC 23ln transferred to certain railroad accounts) is amended— "°*® (1) by inserting "(other than amounts described in subparagraph (B))" after "amounts"; (2) by striking "1988" and inserting "1989"; and (3) by striking the last sentence.

Subtitle B—Provisions Relating to Public Assistance and Unemployment Compensation PART 1—AFDC AND SSI AMENDMENTS SEC. 9101. PERMANENT EXTENSION OF DISREGARD OF NONPROFIT ORGANIZATIONS' IN-KIND ASSISTANCE TO SSI AND AFDC RECIPIENTS.

Effective as of October 1, 1987, section 2639(d) of the Deficit Effective date. Reduction Act of 1984 is amended by striking "; but" and all that 42 USC 602 note, follows and inserting a period. SEC. 9102. FRAUD CONTROL UNDER AFDC PROGRAM. (a) IN GENERAL.—Part A of title IV of the Social Security Act is amended by adding at the end the folloviring new section: "FRAUD CONTROL

"SEC. 416. (a) Any State, in the administration of its State plan 42 USC 616. approved under section 402, may elect to establish and operate a fraud control program in accordance with this section. "(b) Under any such program, if an individual who is a member of a family applying for or receiving aid under the State plan approved ' '• under section 402 is found by a Federal or State court or pursuant to an administrative hearing meeting requirements determined in regulations of the Secretary, on the basis of a plea of guilty or nolo contendere or otherwise, to have intentionally— "(1) made a false or misleading statement or misrepresented, concealed, or withheld facts, or "(2) committed any act intended to mislead, misrepresent, conceal, or withhold facts or propound a falsity, for the purpose of establishing or maintaining the family's eligibility for aid under such State plan or of increasing (or preventing a reduction in) the amount of such aid, then the needs of such individual shall not be taken into account in making the determination under section 402(3)(7) with respect to his or her family (A) for a period of 6 months upon the first occasion of any such offense, (B) for

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PUBLIC LAW 100-203—DEC. 22, 1987

a period of 12 months upon the second occasion of any such offense, and (C) permanently upon the third or a subsequent occasion of any such offense. "(c) The State agency involved shall proceed against any individual alleged to have committed an offense described in subsection (b) either by way of administrative hearing or by referring the matter to the appropriate authorities for civil or criminal action in a court of law. The State agency shall coordinate its actions under this section with any corresponding actions being taken under the food stamp program in any case where the factual issues involved arise from the same or related circumstances. "(d) Any period for which sanctions are imposed under subsection (b) shall remain in effect, without possibility of administrative stay, unless and until the finding upon which the sanctions were imposed is subsequently reversed by a court of appropriate jurisdiction; but in no event shall the duration of the period for which such sanctions are imposed be subject to review. "(e) The sanctions provided under subsection (b) shall be in addition to, and not in substitution for, any other sanctions which may be provided for by law with respect to the offenses involved. "(f) Each State which has elected to establish and operate a fraud control program under this section must provide all applicants for aid to families with dependent children under its approved State plan, at the time of their application for such aid, with a written notice of the penalties for fraud which are provided for under this section.". 42 USC 602. (b) STATE PLAN REQUIREMENT.—Section 402(a) of such Act is amended— r,ru,j >, *, (1) by striking "and" after the semicolon at the end of paragraph (38); (2) by striking the period at the end of paragraph (39) and inserting "; and"; and ^^ (3) by inserting immediately after paragraph (39) the following new paragraph: "(40) provide, if the State has elected to establish and operate a fraud control program under section 416, that the State will r.,rn k.. submit to the Secretary (with such revisions as may from time y to time be necessary) a description of and budget for such program, and will operate such program in full compliance with that section.". 42 USC 603. (c) FEDERAL MATCHING.—Section 403(a)(3) of such Act is amended— (1) by striking "and" after the final comma in subpara0 graph (B); (2) by redesignating subparagraph (C) as subparagraph (D); vj (3) by inserting after subparagraph (B) the following new subparagraph: ,: "(C) 75 percent of so much of such expenditures as are for the costs of carrying out a fraud control program under vih't section 416, including costs related to the investigation, u prosecution, and administrative hearing of fraudulent cases and the making of any resultant collections, and"; and (4) by striking "(C)" in the matter following subparagraph (D) ?" inserting "(D)".:iv,,,^ u.* •.. - <..•.-^^..--j-i-. •-.-•: ^.y.:ri*ta
 * . (as redesignated by paragraph (2) of this subsection) and

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101 STAT. 1330-301

®* (d) EFFECTIVE DATE.—The amendments made by this section shall become effective April 1, 1988.

42 USC 602 note.

SEC. 9103. EXCLUSION OF REAL PROPERTY WHEN IT CANNOT BE SOLD.

(a) IN GENERAL.—Section 1613(b) of the Social Security Act is amended— (1) by inserting "(1)" after "(b)"; and (2) by adding at the end the following new paragraph: "(2) Notwithstanding the provisions of paragraph (1), the Secretary shall not require the disposition of any real property for so long as it cannot be sold because (A) it is jointly owned (and its sale would cause undue hardship, due to loss of housing, for the other owner or owners), (B) its sale is barred by a legal impediment, or (C) as determined under regulations issued by the Secretary, the owner's reasonable efforts to sell it have been unsuccessful.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall become effective April 1, 1988.

42 USC 1382b.

42 USC 1382b note.

SEC. 9104. ADJUSTMENT OF PENALTY WHERE ASSET IS TRANSFERRED FOR LESS THAN FAIR MARKET VALUE.

amended— (1) by inserting immediately after "the exclusions under subsection (a)" in paragraph (1) the following: ", and subject to paragraph (4) of this subsection"; and (2) by adding at the end the following new paragraph: "(4) The Secretary shall by regulation provide for suspending the application of paragraph (1) to the extent (in any instance) that the Secretary determines that such suspension is necessary to avoid undue hardship.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall become effective April 1, 1988.
 * ^ (a) IN GENERAL.—Section 1613(c) of the Social Security Act is

Regulations.

42 USC 1382b note.

SEC. 9105. EXCLUSION OF INTEREST ON BURIAL ACCOUNTS.

(a) IN GENERAL.—Section 1613(d) of the Social Security Act is amended— (1) in paragraph (1), by striking "if the inclusion" and all that follows and inserting a period; and (2) in paragraph (3), by striking "aside" and inserting "aside in cases where the inclusion of any portion of the amount would cause the resources of such individual, or of such individual and spouse, to exceed the limits specified in paragraph (1) or (2) (whichever may be applicable) of section 1611(a)'. (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall become effective April 1, 1988.

42 USC 1382b note.

SEC. 9106. EXCEPTION FROM SSI RETROSPECTIVE ACCOUNTING FOR AFDC AND CERTAIN OTHER ASSISTANCE PAYMENTS.

(a) IN GENERAL.—Section 1611(c) of the Social Security Act is amended— (1) by striking "paragraphs (2), (3), and (4)" in paragraph (1) and inserting "paragraphs (2), (3), (4), and (5)"; (2) by redesignating paragraphs (5) and (6) as paragraphs (6) and (7), respectively; and
 * Copy read "EFFECTIVE DATE.—".

 * ' Copy read "IN GENERAL.—".

42 USC 1382.

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42 USC 1382 note.

PUBLIC LAW 100-203—DEC. 22, 1987

(3) by inserting after paragraph (4) the following new paragraph: "(5) Notwithstanding paragraphs (1) and (2), any income which is paid to or on behalf of an individual in any month pursuant to (A) a State plan approved under part A of title IV of this Act (relating to aid to families with dependent children), (B) section 472 of this Act (relating to foster care assistance), (C) section 412(e) of the Immigration and Nationality Act (relating to assistance for refugees), (D) section 501(a) of Public Law 96-422 (relating to assistance for Cuban and Haitian entrants), or (E) the Act of November 2, 1921 (42 Stat. 208), as amended (relating to assistance furnished by the Bureau of Indian Affairs), shall be taken into account in determining the amount of the benefit under this title of such individual (and his eligible spouse, if any) only for that month, and shall not be taken into account in determining the amount of the benefit for any other month.". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall become effective April 1, 1988. SEC. 9107. TECHNICAL AMENDMENT RELATING TO 1986 AMENDMENT s r; CONCERNING THE TREATMENT OF CERTAIN COUPLES IN MEDICAL INSTITUTIONS.

Effective date. 42 USC 1382.

Effective November 10, 1986, section 1611(e)(5) of the Social Security Act is amended— (1) by striking "sharing a room or comparable accommodation in a hospital, home, or facility" and inserting "living in the same hospital, home, or facility '; and (2) by striking "shared such a room or accommodation" and inserting "lived in the same such hospital, home, or facility". SEC. 9108. EXTENSION OF DEADLINE FOR DISABLED WIDOWS TO APPLY FOR MEDICAID PROTECTION UNDER 1984 AMENDMENTS.

Effective date. 42 USC 1383c.

Effective July 1, 1987, section 1634(b)(3) of the Social Security Act is amended by striking "d'.iring the 15-month period beginning with the month in which this subsection is enacted" and inserting "no later than July 1, 1988". SEC. 9109. INCREASE IN SSI EMERGENCY ADVANCE PAYMENTS.

42 USC 1383.

42 USC 1383 note.

(a) IN GENERAL.—Section 1631(a)(4)(A) of the Social Security Act is amended by striking "a cash advance against such benefits in an amount not exceeding $100" and inserting "a cash advance against such benefits, including any federally-administered State supplementary payments, in an amount not exceeding the monthly amount that would be payable to an eligible individual with no other income for the first month of such presumptive eligibility". (b) EFFECTIVE DATE.—The amendment made by subsection (a) shall become effective on the date of the enactment of this Act. SEC. 9110. MODIFICATION OF INTERIM ASSISTANCE REIMBURSEMENT PROGRAM.

(a) IN GENERAL.—The first sentence of section 1631(g)(2) of the Social Security Act is amended by striking "at the time the Secretary makes the first payment of benefits' and inserting "at the time the Secretary makes the first payment of benefits with respect to the period described in clause (A) or (B) of paragraph (3)". Ob) DEFINITION OF INTERIM ASSISTANCE.—Section 1631(g)(3) of such Act is amended—

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101 STAT. 1330-303

(1) by inserting "(A)" after "basic needs"; and (2) by inserting before the period at the end the following: ", or (B) during the period beginning with the tirst month for which the individual's benefits (as defined in paragraph (2)) have been terminated or suspended if the individual was subse< quently found to have been eligible for such benefits", (c) EFFECTIVE DATE.—The amendments made by this section shall 42 USC 1383 become effective with the 13th month following the month in which "°*® this Act is enacted, or, if sooner, with the first month for which the Secretary of Health and Human Services determines that it is administratively feasible. SEC. 9111. SPECIAL NOTICE TO BLIND RECIPIENTS.

(a) IN GENERAL.—(1) Section 1631 of the Social Security Act is 42 USC 1383. amended by adding at the end the following new subsection: "Special Notice to Blind Individuals with Respect to Hearings and Other Official Actions "(1)(1) In any case where an individual who is applying for or receiving benefits under this title on the basis of blindness is entitled (under subsection (c) or otherwise) to receive notice from the Secretary of any decision or determination made or other action taken or proposed to be taken with respect to his or her rights under this title, such individual shall at his or her election be entitled either (A) to receive a supplementary notice of such decision, determination, or action, by telephone, within 5 working days after the initial notice is mailed, (B) to receive the initial notice in the form of a certified letter, or (C) to receive notification by some alternative procedure established by the Secretary and agreed to by the individual. "(2) The election under paragraph (1) may be made at any time; but an opportunity to make such an election shall in any event be given (A) to every individual who is an applicant for benefits under this title on the basis of blindness, at the time of his or her application, and (B) to every individual who is a recipient of such benefits on the beisis of blindness, at the time of each redetermination of his or her eligibility. Such an election, once made by an individual, shall apply with respect to all notices of decisions, determinations, and actions which such individual may thereafter be entitled to receive under this title until such time as it is revoked or changed.". (2) Not later than one year after the date on which the amendment made by paragraph (1) becomes effective, the Secretary of Health and Human Services shall provide every individual receiving benefits under title XVI of the Social Security Act on the basis of blindness an opportunity to make an election under section 1631(1)(1) of such Act (as added by such amendment). (b) STUDY.—The Secretary of Health and Human Services shall study the desirability and feasibility of extending special or supplementary notices of the type provided to blind individuals by section 1631(1) of the Social Security Act (as added by subsection (a) of this section) to other individuals who may lack the ability to read and comprehend regular written notices, and shall report the results of such study to the Congress, along with such recommendations as may be appropriate, within 12 months after the date of the enactment of this Act.

•

i: i rcrt

'

42 USC 1383 "°*®

Reports. f^^Y^^ ^^^^ note.

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1098

 101 STAT. 1330-304

PUBLIC LAW 100-203—DEC. 22, 1987

42 USC 1383. "°*^

(c) EFFECTIVE DATE.—The amendment made by subsection (a) shall become effective July 1, 1988. SEC. 9112. REHABILITATION SERVICES FOR BLIND SSI RECIPIENTS. 42 USC 1383. (a) IN GENERAL.—Section 1631(a)(6) of the Social Security Act is amended— (1) by inserting "blindness (as determined under section ^^' 1614(a)(2)) or" before "disability (as determined under section f 1614(a)(3))"; (2) by inserting "blindness or other" before "physical or mental impairment"; and (3) by inserting "blindness and" before "disability benefit rolls" in subparagraph (B). 42 USC 1383 (b) EFFECTIVE DATE.—The amendments made by subsection (a) note. shall become effective April 1, 1988. SEC. 9113. EXTENDING THE NUMBER OF MONTHS THAT AN INDIVIDUAL IN A PUBLIC EMERGENCY SHELTER CAN BE ELIGIBLE FOR SSI. 42 USC 1382. (a) IN GENERAL.—Section 1611(e)(1)(D) of the Social Security Act is amended by striking "three months in any 12-month period" and inserting "6 months in any 9-month period". 42 USC 1382 (t)) EFFECTIVE DATE.—(1) The amendment made by subsection (a) "°*^ shall become effective January 1, 1988. (2) In the application of section 1611(e)(1)(D) of the Social Security Act on and after the effective date of such amendment, months before January 1988 in which a person was an eligible individual or eligible spouse by reason of such section shall not be taken into account. SEC. 9114. EXCLUSION OF UNDERPAYMENTS FROM RESOURCES. 42 USC 1382b. (a) IN GENERAL.—Section 1613(a)(7) of the Social Security Act is amended by inserting after "shall be limited to the first 6 months following the month in which such amount is received" the following: "(or to the first 9 months following such month with respect to any amount so received during the period beginning October 1, 1987, and ending September 30, 1989)". 42 USC 1382b (b) EFFECTIVE DATE.—The amendment made by subsection (a) note. shall become effective January 1, 1988. SEC. 9115. CONTINUATION OF FULL BENEFIT STANDARD FOR INDIVIDUALS TEMPORARILY INSTITUTIONALIZED. • (a) IN GENERAL.—Section 1611(e)(1) of the Social Security Act is amended— (1) in subparagraph (A), by striking "and (E)" and inserting "(E), and (G)"; (2) in subparagraph (B), by inserting "(subject to subparagraph (G))" after "throughout any month"; and (3) by adding at the end the following new subparagraphs: "(G) A person may be an eligible individual or eligible spouse for purposes of this title, and subparagraphs (A) and (B) shall not apply, with respect to any particular month throughout which he or sne is an inmate of a public institution the primary purpose of which is the provision of medical or psychiatric care, or which is a hospital, extended care facility, nursing home, or intermediate care facility receiving payments (with respect to such individual or spouse) under

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1099

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101 STAT. 1330-305

a State plan approved under title XIX, if it is determined in accordance with subparagraph (H) that— "(i) such person's stay in that institution or facility (or in that institution or facility and one or more other such institutions or facilities during a continuous period of institutionalization) is likely (as certified by a physician) not to exceed 3 months, and the particular month involved is one of the first 3 months throughout which such person is in such an institution or facility during a continuous period of institutionalization; and "(ii) such person needs to continue to maintain and provide for the expenses of the home or living arrangement to which he or she may return upon leaving the institution or facility. The benefit of any person under this title (including State supplementation if any) for each month to which this subparagraph applies shall be payable, without interruption of benefit payments and on the date the benefit involved is regularly due, at the rate that was applicable to such person in the month prior to the first month throughout which he or she is in the institution or facility. "(H) The Secretary shall establish procedures for the determinations required by clauses (i) and (ii) of subparagraph (G), and may enter into agreements for making such determinations (or for providing information or assistance in connection with the making of such determinations) with appropriate State and local public and private agencies and organizations. Such procedures and agreements shall include the provision of appropriate assistance to individuals who, because of their physical or mental condition, are limited in their ability to furnish the information needed in connection with the making of such determinations.". (b) CONFORMING AMENDMENT.—Section 1902(1) of such Act is amended by striking "section 1611(e)(1)(E)" and inserting "subparagraph (E) or (G) of section 1611(e)(1)". (c) EFFECTIVE DATE.—The amendments made by this section shall become effective July 1, 1988.

Contracts.

42 USC 1396a. 42 USC 1382 note.

SEC. 9116. RETENTION OF MEDICAID WHEN SSI BENEFITS ARE LOST UPON ENTITLEMENT TO EARLY WIDOW'S OR WIDOWERS INSURANCE BENEFITS.

(a) IN GENERAL.—Section 1634 of the Social Security Act is 42 USC 1383c. amended by adding at the end the following new subsection: "(d) If any person— "(1) applies for and obtains benefits under subsection (e) or (f) of section 202 (or under any other subsection of section 202 if such person is also eligible for benefits under such subsection (e) or (f)) as required by section 1611(e)(2), being then at least 60 years of age but not entitled to hospital insurance benefits under part A of title XVIII, and "(2) is determined to be ineligible (by reason of the receipt of such benefits under section 202) for supplemental security income benefits under this title or for State supplementary payments of the type described in section 1616(a), such person shall nevertheless be deemed to be a recipient of supplemental security income benefits under this title for purposes of title XIX, so long as he or she (A) would be eligible for such supplemental security income benefits, or such State supplementary payments, in the absence of such benefits under section 202, and (B) is not entitled to hospital insurance benefits under part A of title XVIII.".

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1100

 101 STAT. 1330-306 42 USC 1383c note.

42 USC 1383c note.

42 USC 1396s.

42 USC 1383c note.

42 USC 1383 note. Grants.

Grants.

PUBLIC LAW 100-203—DEC. 22, 1987

(b) NOTICE.—The Secretary of Health and Human Services, acting through the Social Security Administration, shall (within 3 months after the date of the enactment of this Act) issue a notice to all individuals who will have attained age 60 but not age 65 as of April 1, 1988, and who received supplemental security income benefits under title XVI of the Social Security Act prior to attaining age 60 but lost those benefits by reason of the receipt of widow's or widower's insurance benefits (or other benefits as described in section 1634(d)(1) of that Act as added by subsection (a) of this section) under title II of that Act. Each such notice shall set forth and explain the provisions of section 1634(d) of the Social Security Act (as so added), and shall inform the individual that he or she should contact the Secretary or the appropriate State agency concerning his or her possible eligibility for medical assistance benefits under such title XIX. (c) STATE DETERMINATIONS.—Any determination required under

section 1634(d) of the Social Security Act with respect to whether an individual would be eligible for benefits under title XVI of such Act (or State supplementary payments) in the absence of benefits under section 202 shall be made by the appropriate State agency. (d) CONFORMING AMENDMENTS.—Section 1922(a)(2) of the Social Security Act is amended— (1) by striking "1634 (b)" in subparagraph (B) and inserting "1634 (b) and (c)"; and (2) by adding at the end the following new subparagraph: "(C) Section 1634(d) of this Act (relating to individuals who lose eligibility for SSI benefits due to entitlement to early widow's or widower's insurance benefits under section 202(e) or (f) of this Act).". (e) EFFECTIVE DATE.—The amendments made by subsection (a) shall apply with respect to any individual without regard to whether the determination of his or her ineligibility for supplemental security income benefits by reason of the receipt of benefits under section 202 of the Social Security Act ^^ (EIS described in section 1634(d)(2) of such Act) occurred before, on, or after the date of the enactment of this Act; but no individual shall be eligible for assistance under title XIX of such Act by reason of such amendments for any period before July 1, 1988. SEC. 9117. DEMONSTRATION PROGRAM TO ASSIST HOMELESS INDIVIDUALS.

(a) IN GENERAL.—The Secretary of Health and Human Services (in this section referred to as the "Secretary") is authorized to make grants to States for projects designed to demonstrate and test the feasibility of special procedures and services to ensure that homeless individuals are provided SSI and other benefits under the Social Security Act to which they are entitled and receive assistance in using such benefits to obtain permanent housing, food, and health care. Each project approved under this section shall meet such conditions and requirements, consistent with this section, as the Secretary shall prescribe. (b) SCOPE OF PROJECTS.—Projects for which grants are made under this section shall include, more specifically, procedures and services to overcome barriers which prevent homeless individuals (particu•° Copy read "Social Security (as".

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1101

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-307

larly the chronically mentally ill) from receiving and appropriately using benefits, including— (1) the creation of cooperative approaches between the Social Security Administration, State and local governments, shelters for the homeless, and other providers of services to the homeless; (2) the establishment, where appropriate, of multi-agency SSI Outreach Teams (as described in subsection (c)), to facilitate communication between the agencies and staff involved in taking and processing claims for SSI and other benefits by the homeless who use shelters; (3) special efforts to identify homeless individuals who are potentially eligible for SSI or other benefits under the Social Security Act; (4) the provision of special assistance to the homeless in applying for benefits, including assistance in obtaining and developing evidence of disability and supporting documentation for nondisability-related eligibility requirements; (5) the provision of special training and assistance to public and private agency staff, including shelter employees, on disability eligibility procedures and evidentiary requirements; (6) the provision of ongoing assistance to formerly homeless individuals to ensure their responding to information requests related to periodic redeterminations of eligibility for SSI and other benefits; (7) the provision of assistance in ensuring appropriate use of benefit funds for the purpose of enabling homeless individuals to obtain permanent housing, nutrition, and physical and mental health care, including the use, where appropriate, of the disabled individual's representative payee for case management services; and (8) such other procedures and services as the Secretary may approve. (c) SSI OUTREACH TEAM PROJECTS.—(1) If a State applies for funds under this section for the purpose of establishing a multi-agency SSI Outreach Team, the membership and functions of such Team ^ ^ shall be as follows (except as provided in paragraph (2)): (A) The membership of the Team shall include a social services case worker (or case workers, if necessary); a consultative medical examiner who is qualified to provide consultative examinations for the Disability Determination Service of the State; a disability examiner, from the State Disability Determination Service; and a claims representative from an office of the Social Security Administration. (B) The Team shall have designated members responsible for— (i) identification of homeless individuals who are potentially eligible for SSI or other benefits under the Social Security Act; (ii) ensuring that such individuals understand their rights under the programs; (iii) gissisting such individuals in applying for benefits, including assistance in obtaining and developing evidence "' Copy read "team".

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1102

 101 STAT. 1330-308

PUBLIC LAW 100-203—DEC. 22, 1987

and supporting documentation relating to disability- and nondisability-related eligibility requirements; ! (iv) arranging transportation and accompanying applicants to necessary examinations, if needed; and 3f.. (v) providing for the tracking and monitoring of all claims for benefits by individuals under the project. (2) If the Secretary determines that an application by a State for an SSI Outreach Team Project under this section which proposes a membership and functions for such Team different from those prescribed in paragraph (1) but which is expected to be as effective, the Secretary may waive the requirements of such paragraph. (d) INFORMATION AND REPORTS; EVALUATION.—(1) Each State having an approved SSI Outreach Team Project shall periodically submit to the Secretary such information (with respect to the project) as may be necessary to enable the Secretary to evaluate such project in particular and the demonstration program under this section in general. (2)(A) The Secretary shall from time to time (but not less often than annually) submit to the Congress a full and complete report on the program under this section, together with a detailed evaluation of such program and of the projects thereunder along with such recommendations as may be deemed appropriate. Such evaluation and such recommendations shall be designed to serve as a basis for determining whether (and to what extent) the activities and procedures included in the demonstration program under this section should be continued, expanded, or modified, or converted (with or without changes) into a regular feature of permanent law. (B) The criteria used by the Secretary in evaluating the program and the projects thereunder shall not be limited to those which would normally be used in evaluating programs and activities of the kind involved, but shall fully take into account the special circumstances of the homeless and their need for personalized attention and follow-through assistance, and shall emphasize the extent to which the procedures and assistance made available to applicants under such projects are recognizing those circumstances and meeting that need. (e) AUTHORIZATION OF APPROPRIATIONS.—To carry out this section, there are authorized to be appropriated to the Secretary— (A) the sum of $1,250,000 for the fiscal year 1988; (B) the sum of $2,500,000 for the fiscal year 1989; and (C) such sums as may be necessary for each fiscal year thereafter. SEC. 9118. ASSISTANCE TO HOMELESS AFDC FAMILIES.

Federal Register, The Secretary of Health and Human Services may not take any publication. action, prior to October 1, 1988, that would have the effect of implementing in whole or in part the proposed regulation published in the Federal Register on December 14, 1987, with respect to emergency assistance and the need for and amount of assistance under the program of aid to families with dependent children, or that would change current policy with respect to any of the matters addressed in such proposed regulation. SEC. 9119. INCREASE IN PERSONAL NEEDS ALLOWANCE FOR SSI RECIPIENTS.

42 USC 1382.

(a) INCREASE IN STANDARD.—Section 1611(e)(1)(B) of the Social Security Act is amended—

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101 STAT. 1330-309

(1) by striking "$300 per year" in clauses (i) and (iiXI) and inserting "$360 per year"; and (2) by striking "$600 per year" in clause (iii) and inserting "$720 per year". (b) MANDATORY PASS-THROUGH OF INCREASED PERSONAL NEEDS

ALLOWANCE.—Section 1618 of such Act is amended by adding at the 42 USC I382g. end the following new subsection: "(g) In order for any State which makes supplementary payments of the type described in section 1616(a) (including payments pursuant to an agreement entered into under section 212(a) of Public Law 93-66) to recipients of benefits determined under section 1611(e)(1)(B), on or after October 1, 1987, to be eligible for payments pursuant to title XIX with respect to any calendar quarter which begins— "(1) after October 1, 1987, or, if later "(2) after the calendar quarter in which it first makes such supplementary payments to recipients of benefits so determined, such State must have in effect an agreement with the Secretary whereby the State will— "(3) continue to make such supplementary payments to recipients of benefits so determined, and "(4) maintain such supplementary payments to recipients of benefits so determined at levels which assure (with respect to any particular month beginning with the month in which this subsection is first effective) that— "(A) the combined level of such supplementary payments and the amounts payable to or on behalf of such recipients under section 1611(e)(1)(B) for that particular month, is not less than— "(B) the combined level of such supplementary payments and the amounts payable to or on behalf of such recipients under section 1611(e)(1)(B) for October 1987 (or, if no such supplementary payments were made for that month, the combined level for the first subsequent month for which .:^^ such payments were made), increased— "(i) in a case to which clause (i) of such section 1611(e)(l)(B) applies or (with respect to the individual or spouse who is in the hospital, home, or facility involved) to which clause (ii) of such section applies, by
 * ,g 5T^y

$5, and

"(ii) in a case to which clause (iii) of such section 1611(e)(l)(B) applies, by $10.". (c) EFFECTIVE DATE.—The amendments made by subsections (a) 42 USC 1382 and (b) shall become effective July 1, 1988. note. SEC. 9120. EXCLUSION OF DEATH BENEFITS TO THE EXTENT SPENT ON LAST ILLNESS AND BURIAL.

(a) IN GENERAL.—Subparagraphs (D) and (E) of section 1612(a)(2) of the Social Security Act are amended to read as follows: 42 USC 1382a. "(D) payments to the individual occasioned by the death of another person, to the extent that the total of such payments exceeds the amount expended by such individual for purposes of the decesised person's last illness and burial; "(E) support and alimony payments, and (subject to the provisions of subparagraph (D) excluding certain amounts

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1104

 101 STAT. 1330-310

PUBLIC LAW 100-203—DEC. 22, 1987

42 USC 1382a note

expended for purposes of a last illness and burial) gifts (cash or otherwise) and inheritances; and". (b) EFFECTIVE DATE.—The amendments made by subsection (a) shall become effective April 1, 1988.

42 USC 602 note.

SEC. 9121. DEMONSTRATION OF FAMILY INDEPENDENCE PROGRAM.

(a) IN GENERAL.—Upon application of the State of Washington and approval by the Secretary of Health and Human Services, the State of Washington (in this section referred to as the "State") may conduct a demonstration project in accordance with this section for the purpose of testing whether the operation of its Family Independence Program enacted in May 1987 (in this section referred to as the "Program"), as an alternative to the AFDC program under title IV of the Social Security Act, would more effectively break the cycle of poverty and provide families with opportunities for economic independence and strengthened family functioning. (b) NATURE OF PROJECT.—Under the demonstration project conducted under this section— (1) every individual eligible for aid under the State plan approved under section 402(a) of the Social Security Act shall be eligible to enroll in the Program, which shall operate simultaneously with the AFDC program so long as there are individuals who qualify for the latter; (2) cash assistance shall be furnished in a timely manner to all eligible individuals under the Program (and the State may not make expenditures for services under the Program until it has paid all necessary cash assistance), with no family receiving less in cash benefits than it would have received under the AFDC program; (3) individuals may be required to register, undergo assessment, and participate in work, education, or training under the Program, except that— (A) work or training may not be required in the case of— (i) a single parent of a child under six months of age, ,^ or more than one parent of such a child in a two-parent "' " ' family, (ii) a single parent with a child of any age who has received assistance for less than six months, (iii) a single parent with a child under three years of ^': age who has received assistance for less than three years, (iv) an individual under 16 years of age or over 64 ' *' years of age, (v) an individual who is incapacitated, temporarily ..' '•"' ill, or needed at home to care for an impaired person, or (vi) an individual who has not yet been individually « ~ Y 'A' notified in writing of such requirement or of the expira,. tion of his or her exempt status under this subpara^, graph; (B) participation in work or training shall in any case be voluntary during the first two years of the Program, and may thereafter be made mandatory only in counties where more than 50 percent of the enrollees can be placed in employment within three months after they are job ready; (C) in no case shall the work and training aspect of the Program be mandated in any county where the unemployment level is at least twice the State average; and

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1105

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101 STAT. 1330-311

(D) mandated work shall not include work in any position created by a reduction in the work force, a bona fide labor dispute, the decertification of a bargaining unit, or a new job classification which subverts the intention of the Program; (4) there shall be no change in existing State law which would eliminate guaranteed benefits or reduce the rights of applicants or enrollees; and (5) the Program shall include due process guarantees and procedures no less than those which are available to participants in the AFDC program under Federal law and regulation and under State law. (c) WAIVERS.—The Secretary shall (with respect to the project under this section) waive compliance with any requirements contained in title IV of the Social Security Act which (if applied) would prevent the State from carrying out the project or effectively achieving its purpose, or with the requirements of sections 1902(a)(1), 1902(e)(1), and 1916 of that Act Gout only to the extent necessary to enable the State to carry out the Program ^^ as enacted by the State in April 1987). (d) FUNDING.—

(1) The Secretary, under section 403(b) or 1903(d) of the Social Security Act, shall reimburse the State for its expenditures under the Program— (A) at a rate equal to the Federal matching rate applicable to the State under section 403(a)(l) (or 1118) of the Social Security Act, for cash assistance, medical assistance, and child care provided to enrollees; (B) at a rate equal to the applicable Federal matching rate under section 403(a)(3) of such Act, for administrative expenses; and (C) at the rate of 75 percent for an evaluation plan approved by the Secretary. (2) As a condition of approval of the project under this section, the State must provide assurances satisfactory to the Secretary that the total amount of Federal reimbursement over the period of the project will not exceed the anticipated Federal reimbursements (over that period) under the AFDC and Medicaid programs; but this paragraph shall not prevent the State from claiming reimbursement for additional persons who would qualify for assistance under the AFDC program, for costs attributable to increases in the State's payment standard, or for any other federally-matched benefits or services. (e) EVALUATION.—The State must satisfy the Secretary that the Program ^^ will be evaluated using a reasonable methodology. (f) DURATION OF PROJECT.—

(1) The project under this section shall begin on the date on which the first individual is enrolled in the Program and (subject to paragraph (2)) shall end five years after that date. (2) The project may be terminated at any time, on six months written notice, by the State or (upon a finding that the State has materially failed to comply with this section) by the Secretary. '" Copy read "program". »3 Copy read "program".

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1106

 101 STAT. 1330-312 42 USC 602 note.

PUBLIC LAW 100-203—DEC. 22, 1987

SEC. 9122. CHILD SUPPORT DEMONSTRATION PROGRAM IN NEW YORK STATE.

(a) IN GENERAL.—Upon application by the State of New York and approval by the Secretary of Health and Human Services (in this section referred to as the "Secretary"), the State of New York (in this section referred to as the "State") may conduct a demonstration program in accordance with this section for the purpose of testing a State program as an alternative to the program of Aid to Families with Dependent Children under title IV of the Social Security Act. (b) NATURE OF PROGRAM.—Under the demonstration program conducted under this section— (1) all custodial parents of dependent children who are eligible for supplements under the State plan approved under section 402(a) of the Social Security Act (and such other types or classes of such parents as the State may specify) may elect to receive benefits under the State's Child Support Supplement Program in lieu of supplements under such plan; and (2) the Federal Government will pay to the State with respect to families receiving benefits under the State's Child Support Supplement Program the same amounts as would have been payable with respect to such families under sections 403 and 1903 of the Social Security Act as if the families were receiving aid and medical assistance under the State plans in effect with respect to such sections. (c) WAIVERS.—The Secretary shall (with respect to the program under this section) waive compliance with any requirements contained in title IV of the Social Security Act which (if applied) would prevent the State from carrying out the program or effectively achieving its purpose. (d) CONDITIONS OF APPROVAL.—As a condition of approval of the

Reports.

program under this section, the State shall— (1) provide assurances satisfactory to the Secretary that the State— (A) will continue to make assistance available to all eligible children in the State who are in need of financial support, and (B) will continue to operate an effective child support enforcement program; (2) agree— .,^^_,,,,: (A) to have the program evaluated, and u {. (B) to report interim findings to the Secretary at such y], r times as the Secretary shall provide; and (3) satisfy the Secretary that the program will be evaluated using a reasonable methodology that can determine whether changes in work behavior and changes in earnings are attributable to participation in the program. (e) APPLICATION PROCESS.—In order to participate in the program under this section, the State must submit an application under this section not later than two years after the date of enactment of this Act. The Secretary shall approve or disapprove the application of the State not later than 90 days after the date of its submission. If the application is disapproved, the Secretary shall provide to the State a statement of the reasons for such disapproval, of the changes needed to obtain approval, and of the date by which the State may resubmit the application. . -?

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Page:United States Statutes at Large Volume 101 Part 2.djvu/1107

 PUBLIC LAW 100-203—DEC. 22, 1987

101 STAT. 1330-313

(f) EFFECTIVE DATE.—The program under this section shall commence not later than the first day of the third calendar quarter beginning on or after the date on which the application of the State is approved in accordance with subsection (e). (g) DURATION OF PROGRAM.—

(1) Except as provided in paragraph (2), if the Secretary approves the application of the State, the demonstration program under this section shall be conducted for a period not to exceed five years. (2)(A) The Governor of the State may before the end of the period described in paragraph (1) terminate the demonstration program under this section if the Governor finds that the program is not successful in testing the State's Child Support Supplement Program as an alternative to the program under title IV of the Social Security Act. The Governor shall notify the Secretary of the decision to terminate the program not less than three months prior to the date of such termination. (B) The Secretary may terminate the program before the end of such period if the Secretary finds that the program is not in compliance with the terms of the application. The Secretary shall notify the Governor of the decision to terminate the program not less than three months prior to the date of such termination.

?a jf/ '

v..: 'i2i

SEC. 9123. TECHNICAL CORRECTION.

The subsection of section 1631 of the Social Security Act which was added as subsection (j) by section 11006 of the Anti-Drug Abuse Act of 1986 is redesignated as subsection (m) and is moved to the end 42 USC 1383. of such section 1631 so that it appears immediately after subsection (1) thereof (as added by section 9111(a) of this Act); and the heading of such subsection is amended to read as follows: "Pre-Release Procedures for Institutionalized Persons". PART 2—SOCIAL SERVICES, CHILD WELFARE SERVICES, AND OTHER PROVISIONS RELATING TO CHILDREN SEC. 9131. PERMANENT EXTENSION OF AUTHORITY FOR VOLUNTARY FOSTER CARE PLACEMENTS.

(a) IN GENERAL.—Section 102 of the Adoption Assistance and Child Welfare Act of 1980 is amended— 42 USC 672 note. (1) in subsection (a)(1) (in the matter preceding subparagraph (A)), by striking "and before October 1, 1987,"; (2) in subsection (c), by striking all that follows "September 30, 1979" and inserting a period; and (3) in subsection (e), by striking "with respect to which the amendments made by this section are in effect". (b) EFFECTIVE DATE.—The amendments made by subsection (a) 42 USC 672 note. shall become effective October 1, 1987. SEC. 9132. 2-YEAR EXTENSION OF FOSTER CARE CEILING AND OF AUTHORITY TO TRANSFER FOSTER CARE FUNDS TO CHILD WELFARE SERVICES.

(a) IN GENERAL.—Section 474 of the Social Security Act is amended—

42 USC 674.

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