95th Congress

Unless specified in the statute, legislation is effective upon enactment.

PL 95-16 (3/31/77 - 4/30/77) (enacted 4/1/77)
Making continuing appropriations for FY 1977 at FY 1976 levels until enactment of permanent FY 1977 appropriations.

Title I
Chapter VII
Social Security Administration
Provides an additional $48,068,000 for “Special benefits for disabled coal miners.”

Title II - Increased pay Costs for the FY 1977
Department of Health, Education, and Welfare
Provides an increase of $36,358,000 in the limitation on salaries and expenses paid from trust funds.

Prohibits the first salary adjustment which would be made under the Federal Salary Act of 1967 after the date of enactment of this Act from taking effect for positions in the Executive Schedule.

Increases the temporary public debt limit until 3/31/78, by $352,000,000,000.

PL 95-130 (10/1/77 - 10/31/77) (enacted 10/13/77)
Making continuing appropriations for FY 1978 at FY 1977 levels until enactment of permanent FY 1978 appropriations.

Title II - Extension of the Indochina Migration and Refugee Assistance Act of 1975
Section 201 phases down the Indochinese refugee assistance program over a 4-year period. Provides that Federal reimbursement to States for providing assistance to Indochinese refugees would be at the rate of 100 percent in FY 1978, 75 percent in FY 1979, 50 percent in FY 1980, and 25 percent in FY 1981. Authorizes $25 million for special projects over the 4-year period.
Section 202 states that not later than 12/31 of each year ending prior to 1/1/82, the HEW Sec. shall transmit to congressional committees a report describing fully and completely the status of refugees from Cambodia, Vietnam, and Laos.

Title III - Other Changes in Provisions Relating to the Old-Age, Survivors, and Disability Insurance Program
Part A - Changes in Earnings Test
Section 301 amends Title II to establish a minimum amount which an individual may earn per month before suffering a loss or reduction of benefits. Establishes the exempt amount at $333.33 for each month of any taxable year ending after 1977 and before 1979, ($4,000 per year), $375 for each month of any taxable year ending after 1978 and before 1980 ($4,500 per year), $416.66 for each month of any taxable year ending after 1979 and before 1981 ($5,000 per year), $458.33 for each month of any taxable year ending after 1980 and before 1982 ($5,500 per year), and $500 for each month of any taxable year ending after 1981 and before 1983 ($6,000 per year). Stipulates that such exempt amounts shall apply only to beneficiaries age 65 and over.
Section 302 repeals the earnings limitation for individuals aged 70 and over, beginning in 1/82.
Section 303 eliminates the monthly earnings test except for the initial year in which the monthly benefit is received. Effective for monthly benefits payable after 12/77.
Part B - Coverage
Section 311 directs the HEW Sec., in consultation with the Treasury Sec., the OMB Dir., and the CSC Chairman, to undertake a study of Social Security coverage of employees of Federal, State and local governments and nonprofit organizations. Requires that such study include an analysis of the changes which would be required in the systems or programs affected. Directs the HEW Sec. to submit a report of the findings of such study to the President and the Congress within two years of the date of enactment.
Section 312 provides that nonprofit organizations that ceased paying Social Security taxes on earnings of their employees before 10/1/76, without receiving a refund of Social Security taxes they had paid in the past, would not be liable for any Social Security taxes from the time that such taxes ceased to be paid through 6/30/77.
Section 313 excludes from coverage the distributive share of any item of income or loss of a limited partner to the extent that such share represents remuneration for services rendered to the partnership. Effective for taxable years after 12/77.
Section 314 limits the aggregate amount of employment taxes due for any taxable year with respect to an individual concurrently employed by two or more related corporations. Effective for wages paid after 12/31/78.
Section 315 directs employers who pay wages at a rate lower than the Federal minimum wage because their employees receive income from tips to base their payment of Social Security taxes on the amount of wages which would have been paid if the employer had paid the minimum wage. Effective for wages paid with respect to employment performed in months after 12/77.
Section 316 permits a clergyman who filed an application for exemption in the past to revoke his exemption and receive Social Security coverage. Effective in taxable years ending on or after date of enactment, with respect to monthly benefits payable on the basis of wages and SEI for months in or after the calendar year in which such individual’s application for revocation is filed (and LSDPs payable on the basis of such wages and SEI in the case of death occurring in or after such calendar year).
Section 317 authorizes the President to enter into bilateral agreements with foreign countries to provide for limited coordination between the U.S. Social Security system and those of other countries. Stipulates that either chamber of Congress may veto an agreement entered into by the U.S. and another nation.
Section 318 makes certain changes relating to the Social Security coverage of policemen and firemen in Illinois who are under staff retirement systems.
Section 319 makes certain changes relating to the Social Security coverage of policemen and firemen in Mississippi who are under staff retirement systems.
Section 320 makes certain changes relating to Social Security coverage of State and local employees in New Jersey under the divided retirement system procedure.
Section 321 makes certain changes relating to the special provisions that apply to the Wisconsin retirement fund.
Part C - Benefit Amounts and Eligibility
Section 331 modifies the provisions relating to benefit increases so that across-the-board percentage increases will apply to the benefit actually paid rather than to the “primary insurance amount”. Effective for monthly benefits payable after 12/77.
Section 332 prohibits the retroactive payment of monthly cash benefits, with stated exceptions, for any month before the month in which the application was filed when such payment would permanently reduce an individual's benefits. Effective for monthly benefits to which an individual becomes entitled on the basis of an application filed on or after 1/1/78.
Section 333 requires the mailing for delivery of Social Security and SSI checks on the day preceding a Saturday, Sunday, or legal public holiday when the regular date of delivery is a Saturday, Sunday, or legal public holiday. Effective with respect to benefit checks with a regularly designated day for deliver which occurs on or after the 13 th day after date of enactment.
Section 334 provides that Social Security benefits payable to spouses be reduced by the amount of any public (Federal, State or local) retirement benefit payable to such persons. Effective on the basis of applications filed in or after the month of enactment.
Section 335 states that a blind individual shall not be regarded as having an ability to engage in SGA on the basis of earnings that do not exceed the monthly exempt amount for persons 65 and over under the retirement test.
Section 336 prohibits reductions in benefits for widows and widowers who remarry after age 60. Effective for benefits payable for months after 12/78, and, in the case of individuals who are not entitled to benefits of the type involved for 12/78, only on the basis of applications filed on or after 1/1/79.
Section 337 reduces from 20 to 10 years the number of years a divorced spouse must have been married to claim benefits under the former spouse. Effective for benefits payable for months after 12/78, and, in the case of individuals who are not entitled to benefits of the type involved for 12/78, only on the basis of applications filed on or after 1/1/79.
Part D – Study With Respect To Gender-Based Distinctions
Section 341 directs the HEW Sec. to conduct a study to develop proposals for the elimination of dependency as a factor in awarding benefits under Title II and shall be submitted to Congress within 6 months after date of enactment.
Part E - Combined Social Security and Income Tax Annual Reporting
Section 351 sets forth procedures, under Title II, for the crediting of an individual's income to calendar years instead of to specific calendar quarters as is now required. Effective 1/1/78.
Section 352 establishes, for calendar year 1978, the sum of $250 as the amount of income which will be counted as a calendar quarter in the determination of eligibility for benefits. Allows a credit for four such quarters per year. Effective 1/1/77.
Section 353 sets forth a procedure for indexing such amount in succeeding years based on total wages paid in such years.
Subpart 2 - Amendments to the Internal Revenue Code of 1954
Section 355 amends the IRC of 1954 to provide that an employer may deduct Social Security taxes from the remuneration paid an employee rendering services not in the course the of employer's trade or business even though the total remuneration paid the employee in the year by the employer is less than $100. Effective for remuneration paid and to tips received after 12/31/77.
Section 356 makes minor technical changes to Section 3121 of the IRC of 1954. Effective for remuneration paid and services rendered after 12/31/77.
Subpart 3 - Conforming Amendment to the Railroad Retirement Act of 1974
Section 358 makes additional amendments to the Code to conform to the changes made by this Act to the Social Security Act. Effective 1/1/78.
Part F - National Commission on Social Security
Section 361 establishes the National Commission on Social Security to conduct a continuing study, investigation, and review of the OASDI program. Sets forth the subject matter of such study, investigation and review. Directs the Commission to hold public hearings in as many different geographical areas of the country as possible. Requires that the Commission submit reports to the President and the Congress.
Part G - Miscellaneous Provisions
Section 371 converts to regular ALJs those temporary ALJs who were appointed to hear cases dealing with OASDI, SSI and Medicare.
Section 372 extends, until 10/1/79, the reporting date for the current Advisory Council on Social Security.

Title IV - Provisions Relating to Certain State Welfare and Service Programs Receiving Federal Financial Assistance
Section 405 authorizes and directs the HEW Sec. to pay each State an amount equal to the amount expended by such State for erroneous SSI state supplemental payments.

Section 3(a)(1) establishes a trust fund, to be known as the Black Lung Disability Fund.
Section 3(a)(2) establishes as trustees of the fund, the Treasury Sec., the Labor Sec., and the HEW Sec.; with the Treasury Sec. as the managing trustee. Effective with respect to contributions, acts and expenditures made after 12/31/77, for taxable years beginning after such date.

Extends the existing temporary debt limit until 7/31/78.

Increases the temporary public debt limit until 3/31/79, by $398,000,000,000.

Section 1(a) requires the withholding of city or county income taxes from the pay of Federal employees who are residents of or are employed in the city or county imposing such taxes. Effective on the 90th day after enactment.

Section 1(a) permits civil service pension payments made to an employee or annuitant to be made to another person if and to the extent expressly provided for in any court decree of divorce, annulment, or legal separation or court ordered property settlement incident to such decree.

Section 1(a) renders inapplicable any provision of or regulation under State and local law which related to health insurance plans to the extent that such law or regulation is inconsistent with any contractual provision of a Federal employee health benefits plan. Provides for the treatment of any particular health condition if such service is properly provided by a person licensed under State law to provide such service and the individual served is a member of a medically underserved population. Effective between 12/31/79 and 12/31/84.

Section 1(a) authorizes the issuance of substitute Treasury checks without undertakings of indemnity, except as the Treasury Sec. may require.

Section 1(a) allows any Federal employee to count as creditable service for retirement purposes any time such person may have spent after his or her eighteenth birthday interned in a camp or facility established during World War II for the purpose of detaining persons of Japanese ancestry. Effective 9/22/78.

Title II - Four-Day Week and Other Compressed Work Schedules
Section 202(a) permits agencies to conduct experiments with four-day workweeks or other compressed schedules.
Section 202(b)(1) stipulates that an employee in a unit not represented by an employee organization having exclusive recognition, will not be required to participate in any program under this Act unless the majority of employees in such unit have voted to so participate.
Section 202(b)(2) requires an agency, upon finding that participation in such a program would impose a personal hardship on an employee who has requested exemption from such program, to either except or reassign such employee.
Section 203(a) exempts the hours of compressed schedules from the provisions of the Fair Labor Standards Act relating to premium pay for overtime work.
Section 203(b) allows overtime pay for hours worked in excess of the hours of such compressed schedules.

Title III - Administrative Provisions
Section 301 includes employees in labor organizations in experiments under this Act only to the extent provided in an agreement between such organizations and the agencies involved.
Section 303(a) prohibits threats or coercion by fellow employees against employees regarding the choice of work hours and credit hours.
Section 306 provides that Titles I and II of this Act take effect on the 180th day after date of enactment or 10/1/78 whichever is later.

Title IV - Adjustment of Work Schedules for Religious Observances
Section 401(a) directs, not later than 30 days after date of enactment, the CSC to prescribe regulations providing for work schedules permitting an employee to engage in overtime work, in lieu of overtime pay, for time lost due to personal religious requirements.

Section 4(f) calls upon the head of any Federal agency to furnish information and assistance which the Select Commission on Immigration and Refugee Policy deems necessary for the performance of its functions, unless prohibited under law, without reimbursement.

Shortens from 50 to 30 years the length of time Federal agency records must be in existence before they may be accepted by the GSA Administrator for transmittal to the National Archives. States that restrictions placed upon such records by the originating agency shall not be imposed unless GSA concurs.

Section 2 funds distributed shall not be considered as I&R for SSI purposes.