PL 101-12 Whistleblower Protection
Act of 1989 (enacted 4/10/1989) |
Unless specified in the statute, legislation is effective upon enactment. For full text of legislation visit the website of the Library of Congress.
Section 3 amends Title 5 U.S.C., Chapter 12, by adding the following new sections:
Section 1213(c) requires that the head of any Federal agency
conduct an investigation upon receipt of a positive determination by the
Office of Special Counsel that there has been a substantial likelihood that
information disclosed by a current, former or prospective employee represents
a violation of any law, rule or regulation, or any gross mismanagement,
gross waste of funds, abuse of authority or substantial and specific danger
to public health and safety; requires the agency head to submit a report
detailing their findings within 60 days or within any longer period of time
agreed to in writing by the Special Counsel.
Section 1213(d) requires this report to include a description
of the investigation, a summary of evidence recovered, a list of any violations
and a description of potential agency courses of action.
Section 5 permits the head of any Federal agency to give employment preferences
to certain individuals otherwise qualified and who have been found by the
Merit Systems Protection Board, established under this Act, to have been
the victim of prohibited personnel action as described under section 2302(b)(8);
effective 7/10/89.
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PL 101-28 An Act to Delay the
Effective Date of Sedition 27 of the Office of Federal Procurement Policy (enacted 5/15/89) |
Section 1 amends PL 100-679 to delay the effective
date of provisions relating to procurement integrity among government contractors,
officials and agencies to 7/16/89; effective 5/16/89.
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PL 101-41 Puyallup Tribe of Indians
Settlement Act of 1989 (enacted 6/21/89) |
Section 10 assures the receipt of funds under this
act will not affect the eligibility of the tribe or any of its members for
any Federal benefits program, including SSI.
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PL 101-45 Dire Emergency Supplemental
Appropriations and Transfers, Urgent Supplementals, and Correcting Enrollment
Errors Act of 1989 (enacted 6/30/89 |
Chapter VI limits administrative expenses under
PL 100-436 associated with automatic data processing and telecommunications
expenditures.
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PL 101-56 Computer Matching and
Privacy Protection Act Amendments of 1989 (enacted 7/19/89) |
Section 2 requires each agency to submit a report
to Congress and OMB by 8/1/89 identifying the matching programs subject
to the delayed effective date of this Act and providing for a schedule for
compliance with PL 100-503.
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Continuing Appropriations Resolutions |
PL 101-100 (10/1/89 - 10/25/89) (enacted 9/29/89)
PL 101-130 (10/26/89 - 11/15/89)(enacted 10/26/89)
PL 101-154 (11/15/89 - 11/20/89)(enacted 11/15/89)
Making continuing appropriations for FY 1990 at FY 1989 levels until enactment
of permanent FY 1990 appropriations.
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PL 101-103 Performance Management
and Recognition System Reauthorization Act of 1989 (enacted 9/30/89) |
Section 2 extends the Performance Management
and Recognition System for Federal employees through 3/31/91.
Section 3 amends 5 USC 5404 regarding merit increases.
Section 4 amends 5 USC 5406(c) regarding performance awards, and provides
that the applicable minimum percentage of the aggregate basic pay for an
agency to be paid in performance awards shall be 1.15 percent for FY 1990
and 1991; effective 10/1/89.
Section 5 amends 5 USC 4302a(b) regarding performance improvement plans
when employees are rated below fully successful.
Section 6 amends the Omnibus Budget Reconciliation Act of 1987 to extend
to civil service annuities commencing before 12/3/89, the partial deferred
payment of lump-sum credit for certain individuals electing alternative
forms of annuities.
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PL 101-136 Treasury, Postal Service
and General Government Appropriations Act of 1990 (enacted 11/3/89) |
Section 104 provides that the Treasury Department's
Financial Management Service be reimbursed from the Social Security Trust
Funds for the costs it incurs in the issuance of Social Security Trust Funds
benefit payments, including all physical costs associated with payment preparation
and postage costs.
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PL 101-166 Departments of Labor,
HHS, and Education, and Related Agencies Appropriations Act of 1990 (enacted 11/21/89) |
SSA appropriations for FY 1990 are made, including
payments for the Trust Funds, special benefits for disabled coal miners
and SSI (including CDRs).
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PL 101-194 Ethics Reform Act of
1989 (enacted 11/30/89) |
Section 101 amends 18 USC section 207 to restrict
the post-employment opportunities of certain executive agency employees; effective 1/1/91.
Section 202 amends PL 95-521 to require members of Congress, congressional
officials and presidential appointees whose position is classified at GS-16
or above to file a financial disclosure report detailing all income and
honoraria received over the last CY exceeding $200; all gifts of transportation,
lodging, food or entertainment totaling $250 or more; all gifts other than
transportation, lodging, food or entertainment totaling $100 or more; interest
in property with a fair market value of $1,000 or more; liabilities to creditors
exceeding $10,000; and a list of any position held as an officer, director,
trustee, partner, proprietor, representative, employee or consultant of
any corporation, company, firm, partnership or other business enterprise,
any nonprofit organization, any labor organization or any educational or
other institution other than the US during the previous two CYs.
Section 303 prohibits members of Congress and officers and employees of
the Federal government from soliciting or accepting
gifts from persons seeking official action from, doing business with or
conducting activities regulated by the individual's employing
agency or from persons whose interest may substantially affect the performance
of the individual's official duties.
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PL 101-201 Agent Orange Settlement
Payment Exclusion Act (enacted 12/6/89) |
Section 1 excludes payments from the Agent Orange
product liability settlement from I&R in determining eligibility for
Federal programs including SSI and Medicaid; effective 1/1/89.
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PL 101-202 An Act to Authorize
the Food Stamp Portion of the Minnesota Family Investment Plan (enacted 12/6/89) |
Amends PL 95-113, the Food Stamp Act of 1977, to
permit the State of MN to implement a Family Investment Demonstration Project
to determine whether the project will help needy families more efficiently
than the Food Stamp Program or the AFDC Program and the Job Opportunities
and Basic Skills Training Program of the Social Security Act.
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PL 101-219 Palau Compact Free
Association Implementation Act (enacted 12/12/89) |
Provides that Federal services could be extended
to Palau under future agreements between the government of Palau and the
US.
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PL 101-234 Medicare Catastrophic
Coverage Repeal Act of 1989 (enacted 12/13/89) |
Section 101 eliminates the expansion of Medicare
Part A benefits by repealing sections 101, 102 and 104(d) of PL 100-360. Provisions effective 1/1/90, except amendments made by subsection (c) shall be effective as if included in enactment of MCCA (retroactive).
Section 102 eliminates the SMI premium and abolishes the Federal Hospital
Insurance Catastrophic Coverage Reserve Fund (FHICCRF) by repealing sections
111 and 112 of PL 100-360; transfers funds remaining in the FHICCRF to the
Federal SMI; effective 1/1/90, but repeal of section 111 of MCCA shall apply to taxable years beginning after 12/31/98.
Section 201 repeals the expansion of Medicare Part B benefits by repealing
sections 201 through 208 of PL 100-360; effective 1/1/90.
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PL 101-239 Omnibus Budget Reconciliation
Act of 1989 (enacted 12/19/89)
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Title X - Miscellaneous and Technical Social
Security Act Amendments
Subtitle A - Time-Sensitive Provisions
Section 10101 extends the continued provision of disability benefits during
appeals through June 1991.
Section 10103 amends PL 96-265 to extend the authority for DI demonstration
projects through 1992.
Subtitle C - Additional Amendments
Section 10301 amends the Social Security Act to provide Title II benefits
in cases of a child who attains the age of 18 prior to the commencement
of proceedings for adoption where such child was living with or receiving
at least one-half of his or her support from an eligible individual in the
year immediately preceding the month in which the adoption is decreed; effective
for benefits payable for months after December 1989, but only on the basis
of applications filed on or after 1/1/90.
Section 10302(a) provides the Sec. with authority to take into account
misinformation provided to individuals seeking Title II benefits by any
officer or employee of SSA, which has resulted in the individual's failure
as of any date to apply for monthly insurance benefits; individuals meeting
this criteria will be deemed to have applied for benefits the latter of
either the date misinformation was given or the date the individual met
all requirements for entitlement to such benefits; effective for benefits
with respect to benefits and/or misinformation furnished after December
1982.
Section 10302(b) provides the Sec. with authority to take into account
misinformation provided to individuals seeking Title XVI benefits by any
officer or employee of SSA, which has resulted in the individual's failure
as of any date to apply for benefits, and permits the Sec. to use such information
in determining the date of application for benefits; individuals meeting
this criteria will be deemed to have applied for benefits the latter of
either the date misinformation was given or the date the individual met
all requirements for entitlement to such benefits; effective for benefits
with respect to benefits and/or misinformation furnished on or after enactment
of this Act.
Section 10303 requires the Sec. to provide same-day, face-to-face interviews
between SSA employees or officers and individuals visiting a SSA FO after
either receiving a notice from SSA indicating a time limit for response
by the individual or the theft, loss or non receipt of a benefit payment
under this title; effective for all visits to SSA FO on or after 1/1/90.
Section 10304 restricts authority of the Sec. to amend wage records after
the expiration of the time limit for such amendments.
Section 10305 requires the Sec. to take into account any physical, mental,
educational or linguistic limitation, including lack of facility with the
English language, when making determinations regarding good cause, fault
and good faith prior to the discontinuance of benefits or forfeiture of
payments; effective with respect to determinations made on or after 7/1/90.
Section 10306 entitles individuals seeking Title II benefits on the basis
of blindness to receive notice of any decision or determination to receive
either a supplementary notice of such decision, determination or action,
by telephone, within 5 working days after the initial notice is mailed;
the initial notice in the form of a certified letter; or a notification
by some alternative procedure established by the Sec. and agreed to by the
individual; effective for notices issued on or after 7/1/90.
Subtitle B - Technical Provisions
Section 10201 amends the IRC to make agreements to provide OASDI coverage
to US citizens working abroad in a foreign affiliate of an American employer
effective until the end of any calendar quarter in which the foreign entity,
at any time in such quarter, ceases to be a foreign affiliate; effective
with respect to any agreement in effect under section 3121(El) of the IRC
on or after 6/15/89.
Section 10202 excludes from calculation of wages and compensation, for
purposes of OASDI, the Railroad Retirement Program and Federal Unemployment
Programs, the amount of any refund required under section 421 of PL 100-360;
effective with respect to refunds provided on or after 1/1/89.
Section 10203 eliminates the carryover reduction in retirement or disability
benefits due to receipt of widow's or widower's benefits before attaining
the age of 62; effective for old-age insurance benefits only if individual
attains age 62 on or after 1/1/90, and for DI benefits only if individual
both attains age 62 and becomes disabled on or after such date.
Section 10204(a) amends the IRC to further exempt certain church employees
already exempt from FICA from SECA; effective for tax years beginning 12/31/89.
Section 10204(b) amends the IRC to include partnerships among employers
eligible for religious exemption from FICA; effective as if included in
PL 100-647 (retroactive).
Section 10205 amends the IRC to include railroad retirement taxes payments
for group-term life insurance which is includable in employee's income;
effective for group-term life insurance coverage in effect after 12/31/89
and remuneration paid before 1/1/90, which the employer treated as compensation
when paid.
Section 10206 amends the IRC to include certain deferred compensations
and salary reductions under the railroad retirement tax; effective for remunerations
paid after 12/31/89.
Section 10207 excludes from compensation meals and lodging furnished by
or on behalf of an employer if at the time of such furnishing it is reasonable
to believe that the employee will be able to exclude such items from income.
Section 10208 includes deferred compensation in wages for OADSI purposes;
effective 12/31/89.
Section 10307(a) requires the Sec. to maintain, in an electronic information
retrieval system (used by SSA), a current record with respect to any OASDI
or SSI claimant of the identity of any person representing such claimant;
effective 6/1/91.
Section 10307(b) requires the Sec. to notify each claimant in writing,
along with the notice of an adverse determination, of the options for obtaining
attorneys to represent them in proceedings before the Sec. or of legal services
organizations which provide legal services free of charge; effective for
adverse determinations made on or after 1/1/91.
Section 10308 amends Part A of Title XI of the Social Security Act to
require the Sec. to provide to any eligible individual a Social Security
Account Statement containing information regarding the individual's wages
and self-employment income; an estimate of the aggregate of the employee
and self-employment contributions of the individual for OASDI benefits and
for HI; and an estimate of the potential monthly retirement, disability,
survivor and auxiliary benefits payable on the individual's account together
with a description of
the benefits payable under the Medicare program of Title XVIII; defines
an eligible individual as an individual who has a SSN, is 25 years of age
or older and has employee or self-employment earnings; requires the Sec.
to take steps to assure that individuals are informed of the availability
of the statement; mandates the Sec. to furnish statements to eligible individuals
who have attained the age of 60 and are not receiving benefits under Title
II from FY 1995 through 1999 and biennially by FY 2000 to every eligible
individual who is not receiving OASDI benefits for whom a mailing address
can be found (amended by section 5111 of PL 101-508).
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101-277 An Act to Provide for
the Use and Distribution of Funds Awarded to the Seminole Indians (enacted 4/30/90) |
Section 8 provides that all funds allocated by
this Act are declared to be held in trust by the US; provides that all funds
made available under this Act are excludable from I&R for SSI purposes.
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101-302 Dire Emergency Supplemental
Appropriations for Disaster Assistance, Food Stamps, Unemployment Compensation
Administration, and Other Urgent Needs, and Transfers, and Reducing Funds
Budgeted for Military Spending Act of 1990 (enacted 5/25/90) |
Title V - Department of Labor, Health and Human
Services and Education
Appropriates $700,000 from the BL Trust Fund which shall be available for
transfer to Departmental Management, Salaries and Expenses, for expenses
of operation and administration of the BL Program.
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PL 101-336 American with Disabilities
Act of 1990 (enacted 7/26/90) |
Section 402 amends section 711 of the Communications
Act of 1934 to require closed captioning of the verbal content of any televised
public service announcement that is produced or funded in whole or in part
by any agency or instrumentality of Federal government.
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PL 101-363 National Advisory Council
on the Public Service Act of 1990 (enacted 8/14/90) |
Section 3 establishes the National Advisory Council
on Public Service to promote better public understanding of the role of
Federal employees and assist in attracting individuals to careers involving
national public service.
Section 5 establishes the Council membership; members include a wide variety
of individuals including current members of the House and Senate, members
of the public and 4 individuals to be appointed by the President, from officers
serving in the executive branch.
Section 7 directs each Federal agency to provide the Council, to the extent
allowed by law, all information or data that the Council requires to carry
out its functions under this Act; effective 8/14/90.
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Continuing Appropriations Resolutions |
PL 101-403 (10/1/90 - 10/5/90)(enacted 10/1/90)
PL 101-412 (10/9/90 - 10/19/90)(enacted 10/9/90)
PL 101-444 (10/19/90 - 10/24/90) (enacted 10/19/90)
PL 101-461 (10/24/90- 10/27/90) (enacted 10/25/90)
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PL 101-426 Radiation Exposure
Compensation Act (enacted 10/15/90) |
Section 6 makes payments under this Act excludable
from I&R for SSI purposes.
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PL 101-503 Seneca Nation Settlement
Act of 1990 (enacted 11/3/90) |
Section 8 makes settlement payments under this
Act, and income derived from payments, excludable from I&R for any Federal
program.
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PL 101-504 Age Discrimination
Claims Assistance Amendments of 1990 (enacted 11/3/90) |
Section 2 amends PL 100-283 by revising the statute
of limitation period applicable to certain claims filed against employers,
including the Federal government, employment agencies and labor unions under
PL 90-202.
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PL 101-508 Omnibus Budget Reconciliation
Act of 1990 (enacted 11/5/90)
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Title IV - Medicare, Medicaid, and Other
Health-Related Programs
Section 4203 extends provisions under PL 101-239 requiring SSA and IRS
to work together to identify employers of Medicare beneficiaries and permit
HCFA to determine whether such beneficiaries have group health insurance;
effective through 9/30/91.
Section 4301 increased the SMI premium to $29.90 in 1991, $31.80 in
1992, $36.60 in 1993, $41.10 in 1994, and $46.10 in 1995.
Section 4359 directs HHS to provide information, counseling and assistance
for Medicare-eligible individuals concerning eligibility for Medicare
benefits, the procedures for applying and other related matters.
Section 4361 requires HHS to create a 1-800 number to provide information
regarding Medicare programs and Medicare supplemental policies; requires
HHS to conduct a demonstration project in no more than 5 States to create
State-wide toll-free numbers providing individuals with access to Medicare,
Medigap and State Medicaid information.
Section 4501 advances by 1 year the requirement that State Medicaid
programs pay premiums, deductibles and coinsurance for Qualified Medicare
Beneficiaries whose incomes are 100 percent or less of the Federal poverty
level; requires States to pay the Medicare Part B premiums for Qualified
Medicare Beneficiaries whose incomes are 110 percent or less than the
Federal poverty level in 1993 and 1994 and 120 percent or less of the
poverty level in 1995; excludes increases in Title II benefits due to
COLAs from income computations until the month following the month the
Federal poverty levels are published.
Section 4601 phases in required Medicaid coverage of children ages 7-18,
where family income does not exceed 100 percent of the Federal poverty
level; effective 1/1/91.
Section 4724 clarifies that States are permitted to make determinations
regarding an individual's blindness or disability for Medicaid eligibility
purposes so long as States adopt SSI standards; such determinations are
effective until final determination by SSA.
Section 5031 excludes from income computation for SSI purposes money
received by an individual (or a spouse) from any fund established by a
State to aid victims of crime; excludes from resource computations for
SSI purposes for the 9-month period beginning after the month in which
received, any amount received by an individual (or spouse) from a fund
established by a State to aid victims of crime, to the extent that the
individual (or spouse) can demonstrate that amount was paid as compensation
for expenses incurred or losses suffered as a result of a crime; further
prohibits the denial of benefits based on an individual's refusal to accept
an amount offered as compensation for a crime of which the individual
was a victim; effective with respect to benefits for months beginning
on or after 5/1/91.
Section 5032 amends section 1619(b)(1) of the Social Security Act to
remove attainment of age 65 as a basis for the termination of continued
Medicaid eligibility.
Section 5033 excludes amounts of earned income of an individual, if
such individual's disability is sufficiently severe to result in a functional
limitation requiring assistance in order for the individual to work, as
may be necessary to pay the costs of impairment-related work expenses;
effective for benefits payable for calendar months beginning after 11/15/90.
Section 5034 includes in SSI income computations any royalty or honorarium
earned by an individual in connection with any publication of the work
of the individual or received for services rendered; effective with respect
to benefits 12/1/91.
Section 5035 excludes from income computation for SSI purposes relocation
assistance provided by a State or local government to an individual (or
spouse), comparable to assistance provided under Title II of PL 91-646;
excludes from resource computations for SSI purposes for the 9-month period
beginning after the month in which received, such relocation assistance;
effective for a 3-year period beginning 5/1/91.
Section 5036 requires the Sec., in making any determination under this
title with respect to the disability of a child who has not attained the
age of 18 years and to whom section 221(h) does not apply, to make reasonable
efforts to ensure that a qualified pediatrician or other individual who
specializes in a field of medicine appropriate to the disability of the
child evaluate the case; effective for determinations made 6 or more months
after the date of the enactment of this Act.
Section 5037 permits the Sec. to reimburse appropriate State agencies
for costs incurred in the provision of vocational rehabilitative services
furnished during certain months of nonpayment of SSI benefits; effective
11/15/90.
Section 5038 amends section 1631(a)(4)(B) of the Social Security Act
by extending the period of presumptive eligibility for benefits from 3
months to 6 months; effective with respect to benefits for months beginning
on or after 5/15/91.
Section 5039 amends section 1619 of the Social Security Act to clarify
that CDRs and blindness reviews are not required more than once annually;
effective 11/15/90.
Section 5040 requires the Sec. of HHS and Sec. of Agriculture to develop
a procedure under which an individual who applies for SSI benefits under
this subsection shall also be permitted to apply at the same time for
participation in the Food Stamp Program authorized under PL 95-113.
Section 5041 requires the Sec., when notifying individuals of their
eligibility to receive retroactive SSI benefits as a result of Sullivan
v. Zebley, to explain the 6-month limitation on the exclusion from resources
under section 1613(a)(7); the potential effects under Title XVI, such
as discontinuation of eligibility and reductions in the amount of benefits,
that may result from the receipt of payment; the possibility of establishing
a trust account that would not be considered as I&R; and that legal
assistance in establishing such a trust may be available through free
or low-cost legal services; effective 11/15/90.
Section 5101(a)(2)(B)(i) made the following changes to Titles II and XVI
Representative Payee provisions:
-- requires any certification of a RP be made pursuant to an investigation
by the Sec. and with adequate evidence that such certification is in the
interest of the individual beneficiary
--provides that investigation shall include criminal background checks,
identity and SSN verification and determination of whether any prior RP
certification had been terminated for misuse of funds; requires the Sec.
to maintain a centralized, current file, assessable to local SSA offices,
containing names and SSNs of all individuals whose RP certification was
revoked on or after 1/1/91 due to misuse of funds
--prohibits from serving as RP individuals previously convicted of a violation
of sections 208 or 1632 of the Social Security Act, individuals whose
prior RP certification has been terminated due to misuse of funds or creditors
of the beneficiary
--permits the Sec. to grant exemptions to individuals whose previous
certification was terminated if exemption is in the beneficiary's best
interest
--provides that prohibition against creditor-RP's will not apply where
such RP is a relative of beneficiary living in the same household, individual's
legal guardian or representative, a licensed or certified care facility,
an administrator, owner, or employee of a licensed or certified care facility
who resides in facility where payment to such person is made only after
good faith efforts have been made by the local servicing office of SSA
to locate an alternative RP, or an individual who is determined by the
Sec., on the basis of written findings and under procedures which the
Sec. shall prescribe by regulation, to be acceptable to serve as a RP;
effective 7/1/91.
Section 5101(a)(2)(B)(i) made the following changes to Title II
and XVI Representative Payee provisions:
--requires an individual who serves as RP under section 205(j)(2)(C)(iii)
to establish, to the satisfaction of the Sec. , that he or she poses no
risk to the beneficiary, the individual's financial relationship with
beneficiary poses no substantial conflict of interest and that no more
suitable RP can be found
-- allows the Sec. to defer or suspend benefit payments after reaching
a determination that direct payment to beneficiary would result in substantial
harm to the individual until such time as a RP is selected; deferral or
suspension shall not exceed 1 month except when beneficiary is legally
incompetent or a minor under the age of 15; requires amounts deferred
or suspended be paid to beneficiary or RP in a single payment or over
such period of time as the Sec. determines is in the best interest of
the beneficiary
--entitles any individual who is dissatisfied with a determination by
the Sec. to certify payment of individual's benefit to a RP or with the
designation of a particular person to serve as RP to a hearing by the
Sec.; provides that, prior to certification of payment of an individual's
benefit to a RP, the Sec. shall provide written notice to the beneficiary
or legal guardian, identifying the RP and describing the proper process
of review and appeal; effective 7/1/91.
Section 5102 amends section 223(g) of the Social Security Act to allow
for the continued payment of disability benefits during appeal of disability
cessation decisions; effective 11/15/90.
Section 5103 modifies the definition of disability for widows and widowers;
includes months of a widow's or widower's SSI eligibility in the 5-month
waiting period for disability benefits; includes months of an individual's
SSI eligibility in the 24-month waiting period for Medicare HI benefits;
deems widows and widowers 'disabled' who are eligible for SSI for the
month for which all requirements of section 202(e)(1) or 202(f)(1) of
the Social Security Act are met; effective with respect to monthly insurance
benefits for months after December 1990 for which applications are filed
on or after 1/1/91.
Section 5104 expands the definition of 'child' to include a child adopted
by a surviving spouse if, as of the date of death of an individual, child
was either living with or receiving at least one-half of his support from
such individual and was legally adopted by surviving spouse after individual's
death and where proceedings for adoption were instituted by individual
before his death or if the child was adopted by the surviving spouse within
2 years after the individual died; effective with respect to benefits
payable for months after December 1990, but only on the basis of applications
filed after 12/31/90.
Section 5105(a)(1) grants the Sec. authority, in the interest of any
beneficiary and regardless of the legal competency or incompetency of
the individual, to make payments of an individual's benefits, under Titles
II and XVI, to another individual or organization; in the event the Sec.,
or a court of competent jurisdiction, determines the representative payee
has misused any benefits the Sec. shall promptly terminate payment to
the RP and provide for payment of benefits to the individual, an eligible
spouse (for Title XVI) or to an alternative RP;
effective 7/1/91.
Section 5105(a)(2)(B) requires the Sec. , in consultation with the AG
and Sec. of Treasury, to study the feasibility of establishing and maintaining
a current list, which would be readily available to local SSA offices,
for use in investigations of the names and SSNs of individuals who have
been convicted of a violation of section 495 of title 18, USC; requires
the Sec. to submit the result of the study, together with recommendations,
to Congress no later than 7/1/92.
Section 5105(a)(3)(A) allows any community-based nonprofit social service
agency which is bonded or licensed in the State and which serves as a
RP to collect from a Title II or XVI beneficiary a monthly fee for expenses
incurred by providing services as
individual's RP; limits fee to 10 percent of individual's monthly benefit
or $25 per month, whichever is less; provides for penalties of fines and
imprisonment for any agency that is found to have charged more than the
amounts allotted in this Act; effective from 7/1/91 to 7/1/94.
Section 5105(a)(3)(B) requires the Sec. to transmit a report to Congress,
by 1/1/93, setting forth the number and types of qualified organizations
which have served as RP and have collected fees for such service.
Section 5105(a)(4) requires the Sec. to conduct a study of the feasibility
of determining the type of RP applicant most likely to have a felony or
misdemeanor conviction, the suitability of individuals with prior convictions
to serve as RP and the circumstances under which such applicants could
be allowed to serve as RPs; the results of the study are due to Congress
by 7/1/92 .
Section 5105(b)(1) requires the Sec. to maintain a centralized file,
retrievable by each FO, of the addresses and SSNs of all RPs receiving
benefit payments in the FO's service areas and the address and SSN of
each beneficiary for whom the RP is receiving benefits; effective 10/1/92.
Section 5105(b)(2) requires the Sec. to conduct a study of the need
for a more stringent accounting system for high-risk RPs, including additional
reporting requirements, record maintenance and other measures the Sec.
considers necessary; the Sec. shall report results of the study and recommendations
to Congress by 7/1/92.
Section 1505(b)(3) directs the Sec. to implement demonstration projects
in at least 2 States, wherein the Sec. shall enter into agreement with
States to make available to State agencies regulating care facilities
or providing for child and adult protective services a list of all addresses
where 5 or more individuals are receiving benefits under Titles II or
XVI; further requires the Sec. to report to Congress with an evaluation
and recommendations by 7/1/92.
Section 5105(c) allow the Sec. to certify payments to beneficiary or
alternative RP in the amount of any misused Title II or XVI benefits if
negligent failure of the Sec. to investigate or monitor a RP results in
such misuse of benefits; requires the Sec. to make a good faith effort
to obtain restitution from the terminated RP.
Section 5105(d) requires the Sec. to include, as a part of an annual
report to Congress, information on the implementation of this subsection,
including the number of cases in which the RP was changed, the number
of cases where there has been a misuse of funds, how such cases were dealt
with by their final disposition and additional information the Sec. determines
appropriate; effective for annual reports after 1991; requires, not later
than 180 days after enactment of this Act, the Sec., in cooperation with
the Sec. of VA, to conduct a study of the feasibility of designating the
VA as the lead agency for selecting, appointing and monitoring RPs for
those
individuals who receive benefits paid under Title II or XVI and the VA,
and to report the results to Congress.
Section 5106(a) revises the procedure for allowing fees for representation
of claimants seeking past-due benefits before an SSA administrative proceeding
by requiring any agreement between the claimant and another person regarding
compensation for services with respect to a claim be presented in writing
to the Sec. prior to the time of the the Sec.'s determination regarding
the claim; limits fee to the lesser of 25 percent of the total amount
due of past benefits or $4,000; permits the Sec. to review the amount
of fee where the claimant, the ALJ who made the favorable determination
or the individual representing the claimant file a written request; effective
7/1/91.
Section 5106(b) amends section 1127 of the Social Security Act to protect
attorney's fees from offsetting SSI benefits; effective 7/1/91.
Section 5106(c) limits the amount available for payment for travel expenses
of a representative to attend an administrative proceeding to the maximum
allowable under sections 201(j) and 1631(h) of the Social Security Act;
effective 4/1/91.
Section 5107 provides that a failure to timely request review of an
initial adverse determination or an adverse determination
on reconsideration shall not serve as a basis for denial of a subsequent
application for any benefit under Title II or XVI where the applicant
demonstrates that he or she failed to request review acting on a good
faith reliance upon incorrect, incomplete or
misleading information of the consequences of reapplying for benefits
in lieu of seeking review of an adverse determination and that such information
was provided by an officer or employee of SSA or a State agency acting
under section 221; effective 7/1/91.
Section 5108(a) directs the Sec. to develop and carry out demonstration
projects designed to implement accountability procedures in at least 3
TSCs operated by SSA; requires centers to permit a thorough evaluation
of procedures as they would operate in conjunction with the service technology
most recently employed by SSA; each demonstration project shall commence
not later than 180 days after the date of the enactment of this Act and
shall remain in operation for not less than 1 year and not more than 3
years.
Section 5108(b) requires the accountability procedures implemented in
the demonstration project to include written notifications sent to individual
callers regarding the name of the SSA representative with whom they spoke,
the date and nature of the communication and any additional information
or advice offered during the call, that the caller be made aware that,
with sufficient personal information, such notification will be sent;
further requires that receipt of call be maintained in SSA records.
Section 5108(c) requires the Sec. to submit a report to Congress, within
90 days of the completion of the demonstration project, detailing the
results.
Section 5109 directs the Sec. to ensure that notices sent to individuals
by SSA are written in clear and simple language and include the address
and telephone number of the local SSA office which services the recipient;
effective 7/1/91.
Section 5110 directs the Sec. to maintain access by telephone to local
SSA offices at the same level as available in 9/30/89; requires local
telephone utility companies to include the number and address for each
local office and information of a toll-free number which may be used for
general information; requires the Sec. to submit a report to Congress
by 1/1/93 assessing the impact of this section of SSA's allocation of
resources, workloads and service to the public as well as presenting a
plan for using new technologies to enhance access to SSA; effective within
180 days of enactment.
Section 5111 amends the IRC to permit the Sec. of Treasury to disclose,
upon the written request of the COSS, the mailing address of any taxpayer
who is entitled to receive a social security account statement pursuant
to section 1143(c) of the Social Security Act, for use only by officers,
employees or agents of SSA for purposes of mailing a statement to such
taxpayer; amends section 10308 of PL 101-239 to require statements to
be issued annually to eligible individuals who are not receiving OASDI
benefits and for whom a mailing address can be found.
Section 5112 provides that the period of trial work applicable for disabled
individuals will be exhausted only where an individual works 9 months within
a period of 60 consecutive months, whether or not such 9 months are consecutive;
effective 1/1/92.
Section 5113 provides for the continuation of Titles II and XVI benefits
for individuals during their participation in a non-State vocation rehabilitation
program approved by the Sec.; effective with respect to benefits payable
beginning 10/1/91.
Section 5114 amends section 228(a)(2) of the Social Security Act to
include benefits for individuals who have attained the age of 72 after
1967 and before 1972; effective 11/5/90.
Section 5115 eliminates advanced crediting to the Federal OASDI Trust
Fund or the Federal DI Trust Fund of SSA payroll taxes except where the
Sec. of Treasury determines that the assets of either trust fund would
be inadequate to meet the fund's obligations for any month; permits the
Sec.of Treasury to transfer to Trust Fund on the first day of such month
the amount which would have been transferred to such fund under this section
as in effect on 10/1/90; effective 12/1/90.
Section 5116 eliminates eligibility for retroactive benefits for individuals,
if the amount of the monthly benefit to which such individual would otherwise
be entitled for any month prior to the month in which he or she files
an application for benefits would be subject to reduction; effective 1/1/91.
Section 5117 consolidates old methods of computing an individuals PIAs;
effective for individuals applying for benefits under section 202 of the
Social Security Act after 5/1/93 and who are not entitled for benefits
under sections 227 or 228 of the Act.
Section 5118 suspends an individual's benefits, payable under section
202 of the Social Security Act, on the basis of the individual's wages
and self-employment income for any month after the third month in which
the individual engages in SGA during the 36-month period following the
end of his/her trial work period.
Section 5119(b) requires the spouse of an insured individual to be living
in the same household at the time of the death of the insured individual
or, if the insured individual is living, at the time the applicant files
the application; a marriage that is deemed to be valid shall continue
to be valid even where the insured individual and the person entitled
to benefits as the wife or husband are no longer living in the same household
at the time of the death of such insured individual.
Section 5119(c) amends the Social Security Act to provide that the benefits
to a widow or widower who married in good faith and without knowledge
that the marriage was invalid and who lose entitlement to benefits because
another entitled spouse claimed those benefits;
effective 1/1/91.
Section 5120(a) directs the Sec. to develop and carry out demonstration
projects in at least 3 States designed to assess the advantages and disadvantages
of permitting disabled beneficiaries to select, from among both public
and private qualified vocational rehabilitation providers, providers of
vocational rehabilitation services directed at enabling them to engage
in SGA; effective 11/5/90 thru the end of FY 1993.
Section 5120(b) requires the Sec. to determine the extent in which disabled
beneficiaries participate in the selection process for rehabilitation
services, the notable characteristics of participating disabled beneficiaries,
the various needs for rehabilitation, the extent to which providers of
rehabilitation services which are not agencies or instrumentalities of
States accept referrals and enter into contracts with third parties for
services and the types of such services, the cost effectiveness of permitting
disabled beneficiaries to select their providers and the feasibility of
establishing a permanent national program for allowing disabled beneficiaries
to choose their own qualified vocational rehabilitation provider.
Section 5120(c) directs the Sec. to select individuals whose participation
will likely result in performance by them of SGA for a continuous period
of 9 months prior to termination of the project; also requires the Sec.
to select qualified rehabilitation
agencies in the geographic area of each project and reimburse them in
accordance with section 222(d) of the Social Security Act.
Section 5120(d) directs the Sec. to submit to Congress an interim report
on the progress of the demonstration projects by 4/1/92 together with
any related data and materials which the Sec. considers appropriate and
a final report by 4/1/94.
Section 5121 exempts aliens whose status has been adjusted to lawful
temporary resident, permanent resident or special immigrant status and
who are receiving amnesty under the Immigration and Nationality Act from
prosecution for misreporting of earnings or misuse of SSNs or Social Security
cards if such conduct is alleged to have occurred prior to 60 days after
the date of the enactment of this Act or prior to 1/4/91; exemption does
not include allegation of selling, possessing with the intent to sell,
or counterfeiting a Social Security card or criminal conduct involving
the use of SSNs or Social Security cards with the intent to defraud or
deceive; effective 11/5/90.
Section 5122 reduces the amount of wages required to earn a year of
coverage for determining a special minimum amount of OASDI benefits; retains
the current amount of wages necessary to earn a year of coverage for purposes
of the WEP in section 215 of the Social Security Act; effective 11/5/90.
Section 5123 deems, for purposes of the Title II retirement tests, the
earnings of corporate directors as if received in the year in which the
relevant services were performed regardless of when the income, on which
the computation of such net earnings from self-employment is based, is
actually paid to or received; effective with respect to income received
for services performed in taxable years beginning
after 12/31/90.
Section 5124 amends the IRC to set forth special rules for the collection
of employee Social Security and Railroad Retirement taxes on taxable group-term
insurance provided to retirees; effective for coverage provided after
12/31/90.
Section 5125 amends sections 3201(a), 3211(a)(1) and 3221(a) of the
IRC to make technical amendments with respect to the cross-referencing
of the Railroad Retirement Tier 1 tax rate to the Federal Insurance Contributions
Act; effective 11/5/90.
Section 5126 extends for 2 years the transfer of proceeds from the taxation
of certain Railroad Retirement Tier 2 benefits from the
General Fund into the Railroad Retirement Account; effective 11/5/90.
Section 5127 waives 2-year waiting period for independent entitlement
to divorced spouse's benefits where the worker was entitled to benefits
prior to divorce; effective with respect to benefits for months after 12/90.
Section 5128 modifies pre-effectuation review requirement applicable
to DI cases by directing the Sec. to review at least 50 percent of all
determinations made by State agencies on applications for benefits and
selecting for further review those determinations the Sec. identifies
as most likely being incorrect; requires the Sec. to submit an annual
report, beginning 4/1/92, to Congress providing the number of reviews
conducted during the prior year and the findings regarding the accuracy
of the determinations made by State agencies;
effective with respect to determinations made after FY 1990.
Section 5129 provides for the recovery of OASDI O/Ps to former beneficiaries
by withholding the amount due from Federal income tax refunds upon notice
to the Sec. of Treasury and after failure of benefit adjustments or direct
payments by the overpaid individual; requires the Sec. of Treasury to
deposit recovered O/Ps into the Federal OASI or DI Trust Funds, whichever
is certified to the Sec. of Treasury as appropriate by the Sec. of HHS;
effective 1/1/91.
Section 5130 makes various technical amendments, including the re-designation
of sections and correcting cross-referencing;
amendments effective as if included in the enactment of the provision
to which it relates.
Title VII - Civil Service and Postal Service Programs
Section 7201 permits an agency administering a Federal benefit program
to take an adverse action against a beneficiary on the basis of data obtained
from a Federal computer matching program without independent verification
upon certification by the Data Integrity Board; requires agency give individual
notice of impending action; effective 11/5/91.
Title VIII - Veterans' Programs
Section 8051 permits the Sec. of VA to use IRS and SSA data to verify
income of applicants for veterans compensation or pensions benefits; effective
11/5/91 until 9/30/92.
Section 8053 requires claimants of veterans compensation or pension
benefits to report their SSNs and the SSNs of their dependents;
effective 11/5/90.
Title XI - Revenue Provisions
Section 11111 modifies the EITC by increasing maximum basic credits
available to eligible families; provides new supplemental credits for
a child under the age of 1 and for certain health insurance expenses.
Section 11112 lowers from age 2 to 1, the requirement for submission
of the TIN for dependents; effective for returns for taxable years beginning
12/31/90.
Section 11115 excludes from I&R under SSI, AFDC and Medicaid the
amount of any refund of Federal income tax related to EITC and any payment
made by an employer for advance payment of such tax credits; effective
with respect to determinations of I&R made after 12/31/90.
Section 11331 increases HI contribution base to $125,000 for 1991 and
indexes amount increases for future years to increases in the average
wage.
Section 11332 extends coverage under Social Security to employees of
State and local governments who are not already covered under a retirement
system; effective with respect to services performed after 7/1/91.
Section 11334 accelerates the deposit schedule for 1991 and later for
employers whose withheld Social Security and income
taxes total $100,000 or more at the times set forward by regulation.
Section 11403 extends the exclusion for income tax and Social Security
purposes of amounts paid or expenses incurred by an employer under a qualified
educational assistance program through 12/31/91.
Section 11404 extends the exclusion for income tax and Social Security
purposes of amounts contributed by an employer to, services received by
an employee from or amounts paid to an employee under a qualified group
legal services plan through 12/31/91.
Section 11901 increases the permanent statutory debt limit from $3.1
trillion to $4.1 trillion.
Title XIII - Budget Enforcement
Section 13301 excludes the operations of the OASDI Trust Fund from the
President's budget, the Congressional budget and PL 99-177;
effective with respect to FYs beginning 10/1/90.
Section 13302 prevents the House from considering legislation that would
increase OADSI benefits or decrease OADSI taxes by at least .02 percent
of taxable payroll over the next 75 years or by more than $250 million
over the next 5 FYs.
Section 13303 prevents the Senate from considering any concurrent budget
resolutions that would decrease the excess of Social Security revenues
over outlays during the years covered by such resolution; makes it out
of order in the Senate to consider any legislation that would increase
Social Security outlays or decrease revenues from the amounts in the concurrent
budget resolution for the current and next 4 FYs; effective with respect
to FYs beginning 10/1/90.
Section 13304 requires a finding in the annual OASDI trustees' report
as to whether the Trust Funds are in close actuarial balance;
effective for reports issued in or after 1991.
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PL 101-509 Treasury, Postal Service
and General Government Appropriations Act of 1991 (enacted 11/5/90)
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Title IV - Independent Agencies Appropriations
Act, 1991
Appropriates money for the Federal Buildings Fund of GSA including $11,905,000
for escalations of the Wilkes-Barre, Social Security Administration Data
Operations Center, located in PA.
Title V - General Provisions
Section 529 - Federal Employees Pay Comparability Act of 1990 contains the
following sections: Title I - Amendments Relating to Basic
Pay
Section 101 makes annual adjustments to statutory pay rates;
reduces pay disparities with locality-based comparability payments; gives
the President limited authority to increase minimum pay rates where the
government's recruitment efforts have become handicapped due
to low pay, remoteness of location or the undesirability of working conditions.
Section 102 provides guidelines regarding pay for positions above
GS-15.
Section 103 grants agency heads limited authority to fix the
rate of basic pay for certain critical positions.
Section 104 creates pay provisions for ALJs and Contract Appeals
Board members; effective 11/5/90.
Section 105 establishes special occupational pay system.
Section 106 eliminates the GS-11 threshold for new appointees
to be paid above minimum rates.
Section 107 permits the head of each Federal agency to provide
for the advance payment of basic pay, for not more than 2 pay periods, for
any newly appointed individual.
Section 108 authorizes the re-employment of retirees in positions
where there has been exceptional difficulty in recruitment or retention.
Title II - Amendments Relating to Awards, Allowances, Differentials,
and Other Related Matters
Section 201 permits agencies to grant employees time off from
duty as an incentive award.
Section 202 increases allowances for uniforms.
Section
204 creates exceptions from limitations on premium pay.
Section 205 applies to Federal health care positions certain
classifications and work hour provisions of Federal law pertaining to the
Dept. of Medicare and Surgery of VA.
Section 206 authorizes payment of travel or transportation-related
expenses for employment interviews and new appointments. |
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PL 101-517 Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations
Act, 1991 (enacted 11/5/90)
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Title II makes SSA appropriations for FY 1991, including payments for
the Trust Funds, special benefits for disabled coal miners, SSI, and the
LAE account.
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