96th Congress

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

Chapter VII states an additional amount of $300,000,000 for payments from the “Black Lung Disability Trust Fund” is for payments of benefits and interest on advances. This chapter makes further appropriations for FY 1979 for an additional amount of $1,200,000 for the “Assistance Payments Program” and $59,964,000 for “Refugee Assistance”, provided that none of these funds shall be available for obligation after 9/30/79.

Section 2 eliminates restriction on allowable medical deductions and removes the ceiling on the allowable amount of excess shelter expenses for SSI recipients, persons aged 60 and over, and households containing one or more members receiving Social Security disability benefits. Effective 1/1/80.
Section 4 provides for the disclosure to the USDA and the States of information in HEW files regarding food stamp program applicants or participants who are SSI recipients. Effective 150 days after date of enactment.
Section 7 provides that persons entitled to Title II disability benefits and SSI payments that live in group-home living arrangements that serve no more than sixteen residents will be treated as individual “households” for purposes of food stamp eligibility. Effective 7/1/80.

Section 101 amends the Second Liberty Bond Act to temporarily increase the public debt limit by $479,000,000,000 until 5/31/80. Increases the face amount of bonds with interest rates exceeding four and one-half percent which may be outstanding at any time to $50,000,000,000.

PL 96-86 (10/1/79 - 11/20/79) (enacted 10/12/79)
Making continuing appropriations for FY 1980 at FY 1979 levels until enactment of permanent FY 1980 appropriations.

Section 509 states that the Department of Health, Education and Welfare (HEW)is redesignated the Department of Health and Human Services (HHS), and the Sec. of HEW or any other official of the Dept. of HEW is redesignated the Sec. or official of HHS. Effective 180 days after the first Sec. takes office or on any earlier date on or after 10/1/79.

Section 3 provides for continuation of the Indochina Migration and Refugee Assistance Act of 1975 at current funding levels from 10/1/79 through 9/30/81.
Section 4 states that no later than 60 days after date of enactment the President shall provide the estimated costs to the U.S. government during FY 1980 and FY 1981 of domestic and foreign assistance to refugees under all programs of the U.S. government.

PL 96-123 (11/20/79 - 9/30/80) (enacted 11/20/79)
Making continuing appropriations for FY 1980 at FY 1979 levels until enactment of permanent FY 1980 appropriations.

Title II - Related Agencies
Community Service Administration
Community Service Program excludes energy assistance payments or allowances from income and resources (I&R) in determining eligibility for SSI, but shall be taken into consideration in determining eligibility for energy crisis assistance. $400,000,000 shall be paid as a special one-time energy allowance to SSI recipients. The amount of the payment to recipients in each State is determined by a three-part formula in each State relative to the national total with the maximum payment per recipient set at $250.

Amends the Retired Federal Employees Health Benefits Act to change the amount of the Government's contribution toward the subscription charge for the health benefits plan of a retired Federal employee to a monthly contribution equal to: (1) the current monthly premium for supplementary medical insurance under part B of Title XVIII of the Social Security Act, for an employee enrolled as an individual; and (2) twice such amount for an employee enrolled for self and family coverage. Prohibits a retired employee from receiving a Government contribution for more than one health plan or from receiving a contribution if such employee is covered under a plan of another individual. Effective for Government contributions on or after the later of the first day of the first month beginning after the enactment of this Act, or 10/1/79.

Section 2 prohibits the aggregate amount paid by the Government to any such physician in a FY from exceeding the annual rate payable for positions at level I of the Executive Schedules.
Section 4 amends the Federal Physicians Comparability Allowance Act of 1978 to extend by two years: (1) the deadline by which a Federal agency may enter into an agreement providing a bonus allowance for services of a physician; and (2) the termination date of any such agreement.

Section 9(d) extends for one year (from 1980 to 1981) the interim relief provided to businesses that have been treating workers as independent contractors rather than employees.

Section 2 states that a child must either be living with or receiving support contributions from a Federal employee: (1) at the time of such employee's death in order to quality for civil service survivor benefits; and (2) in order to qualify as a member of the family of an employee or annuitant under Federal employee health benefit plans. Retains the current requirement that a stepchild must be living with the employee to qualify for survivor or health benefits. Effective upon enactment except that no benefits paid under Chapter 89 of Title V, USC, made available by reason of such amendments shall be payable for any period before 10/1/79.
Section 3 redefines the medically underserved areas in which a carrier of a Federal health benefits plan must pay the costs of covered medical services provided by any practitioner licensed by the State to perform such a service. Effective for services provided after 12/31/79, and before 1/1/85, under any contract entered into or renewed after 12/31/79.

Section 6(d) permits, upon request of the Attorney General, not more than ten Federal employees from various executive agencies to be detailed to the Dispute Resolution Resource Center to assist it in performing its functions under this Act.

Title III - United States Coordinator for Refugee Affairs and Assistance for Effective Resettlement of Refugees in the United States
Part B - Assistance for Effective Resettlement of Refugees in the United States
Section 414 repeals the Indochina Migration and Refugee Assistance Act of 1975; provides 100 % Federal funding for the initial resettlement assistance cash and medical assistance provided to any refugee for FY 1980 and each of the two succeeding fiscal years. Effective 10/10/79. Provides reimbursement in any FY for 100 % of the non-Federal cases associated with Cuban refugees to whom SSI payments were being made as of 9/30/78; and requires the Sec. to report to Congress by 1/31 of each year on the status of the program.

Title I - Amendment Related to Revenue Act of 1978
Section 101 provides for counting EITC as earned income for SSI recipients and provides that in cases where an SSI recipient receives excess EITC payments which have to be refunded to the Government, the person would receive a corresponding increase in the SSI benefit.

Title II - General Effective Date
Section 201 states any amendment made by Title I shall take effect as if it had been included in the provision of the Revenue Act of 1978 to which such amendment relates.

Section 102 excludes energy assistance payments or allowance from I&R in determining eligibility for SSI.
Section 106 amends Section 5(e) of the Food Stamp Act of 1977 to include deductions for the blind and disabled. Effective 10/1/81.
Section 107 addresses projecting income over a twelve-month period for determining food stamp eligibility.
Section 122 amends Section 11(i)(2) of the Food Stamp Act of 1977 by striking out “simplified affidavit” and inserting in lieu thereof “simple application.” This section states that notwithstanding any other provision of law, households in which all members are applicants for or recipients of SSI shall be informed of the availability of benefits under the food stamp program and be assisted in making a simple application to participate in such program at the Social Security office and be certified for eligibility utilizing information contained in files of the SSA. This section currently cited as 7 U.S.C. § 2020(i)(1).
Section 127 provides that the Commissioner of SSA may disclose information from tax returns with respect to SEI, wages and retirement income which has been disclosed to SSA by IRS for purpose of, and to the extent necessary in, determining an individual’s eligibility for benefit’s or the amounts of benefits under the food stamp program. Effective 1/1/83.

Extends the temporary increase of the public debt limit from 5/31/80 to 6/5/80.

Extends the temporary increase of the public debt limit from 6/5/80 to 6/30/80.

Title I - Provisions Relating to Disability Benefits Under OASDI Program
Section 101 amends Title II of the Social Security Act to reduce the maximum amount of monthly benefits payable under such Title on the basis of wages and SEI to the smaller of: (1) 85 % of an individual's average indexed monthly earnings; or (2) 150 % of an individual's primary insurance amount. Effective for benefits payable on the basis of wages and SEI of an individual who first becomes eligible for benefits after 1978, and who first becomes entitled to disability after 6/30/80.
Section 102 amends the procedure for computing the primary insurance amount of an individual by allowing workers of all ages to exclude five years of low earnings in averaging their earnings for benefit purposes. Permits a disabled worker to drop out up to three additional years (up to the maximum of five) if there was a child under age three living with the worker and the worker had no earnings in the dropped year or years. Limits the maximum number of years which may be dropped to five. Effective for monthly benefits on the basis of wages and SEI of an individual who first became eligible after 1978, and who first becomes entitled to disability benefits after 6/30/80.
Section 103 eliminates the requirement that a worker who becomes disabled again within 60 months, or widow, widower, or adult child who becomes disabled again within 84 months, must wait another 24 consecutive months before becoming eligible for Medicare. Effective with respect to HI and SMI benefits for services provided on or after the first day of the sixth month which begins after enactment.
Section 104 continues Medicare benefits for up to 24 months to an individual whose entitlement to disability benefits has ceased, whose trial work period has ended, whose impairment continues, and who would have been entitled to OASDI benefits had the individual been unable to engage in substantial gainful activity. Effective on the first day of the sixth month which begins after date of enactment and applies to any individual whose disability has not been determined to have ceased prior to such first day.

Title II - Provisions Relating to Disability Benefits Under the SSI Program
Section 201(a) Amends Section 1619 to permit disabled individuals eligible for Title XVI benefits due to the medical severity of their disability, under section 1611(b), but who lose their eligibility because their earnings have demonstrated a capacity to be gainfully employed, to qualify for Title XVI benefits and to be considered disabled under Title XIX and XX if such individual remains disabled due to the medical severity of the disability and continues to meet all other eligibility requirements, including income requirements, under Title XVI. Permits such individuals, who would otherwise qualify for Title XVI benefits, except for their income, to be considered disabled for the purposes of Titles XIX and XX if the termination of benefits under Titles XIX and XX would seriously impair their ability to provide for themselves. Effective on 1/1/81, but shall remain in effect only for a period of three years after effective date.
Section 201(a) provides for the continuation of SSI benefits for individuals who perform SGA despite a severe medical impairment and continue to meet all other eligibility requirements.
Section 201(b) allows State supplementation payments to be made per the above.
Section 201(c) provides for funds to establish and carry-out a 3-year Federal-State pilot program to provide medical and social services for certain handicapped individuals. Directs the HHS Sec. to report to Congress on the program on or before 10/1/83.
Section 202 includes remuneration received for services performed in a sheltered workshop or work activities center as earned income, for the purposes of determining eligibility under Title XVI. Effective for remuneration received in months after 9/80.
Section 203 lowers from 21 to 18 the age at which a parent's income ceases to be included in a child's income for purposes of determining eligibility for SSI benefits. Effective 10/1/80, except in the case of any child who, in 9/80, was 18 or over and received a SSI benefit for such month, during any period for which such benefit would be greater without the application of the amendment.

Title III - Provisions Affecting Disability Recipients Under OASDI and SSI Programs; Administrative Provisions
Section 301 amends Title II and Title XVI to permit OASDI and SSI benefits to be paid to individuals who have medically improved but are participating in approved vocational rehabilitation programs which will increase the likelihood that such individual may be permanently removed from the disability benefit rolls. Effective on the first day of the sixth month after date of enactment, and shall apply with respect to individuals whose disability has not been determined to have ceased prior to such first day.
Section 302 provides that in determining whether an individual is able to engage in SGA by reason of earnings, there shall be excluded from the income of an individual, for the purpose of determining SSI and OASDI eligibility, the cost of attendant care services and medical devices and drugs and services necessary to control an impairment, which are necessary (as determined by the HHS Sec. in regulations) to enable a severely disabled individual to work. Effective for expenses incurred on or after the first day of the sixth month after date of enactment.
Section 303 provides trial work periods (TWPs) for disabled widows and widowers. Provides after a 9-month TWP, a 15-month period during which an individual who has not medically recovered may receive cash benefits if not engaging in SGA and extends Medicare entitlement for 12 months regardless of SGA. Effective on the first day of the sixth month after date of enactment, and shall apply with respect to individuals whose disability has not been determined to have ceased prior to such first day.
Section 304 requires that disability determinations be made by State Agencies according to regulations and other written guidelines of the HHS Sec. Directs the HHS Sec. to issue regulations specifying performance standards and administrative requirements and procedures to be followed in making such disability determinations in order to assure the effective and uniform administration of the disability program. Stipulates that the HHS Sec. may only issue such regulations pursuant to law. Permits a State to cease making such disability determinations if it so notifies the HHS Sec. Requires the HHS Sec. to assume the disability determination function and make disability determinations if a State elects not to or if the Secretary finds that a State Agency is substantially failing to comply with his regulations, and directs him to develop a contingency plan for such eventuality, giving employment preference to State employees capable of performing duties in the disability determination process, with such report due to Congress by 7/1/80. Directs the HHS Sec. to review (prior to effectuation) specified percentages of disability determinations made by States so that at least 65 % of all such determinations are reviewed after fiscal year 1982, with authority to reverse unfavorable (as well as favorable) decisions.
Directs the HHS Sec. to implement a program of reviewing disability hearing decisions rendered by ALJs and to report to Congress by 1/1/82 on such program. Effective beginning with the 12 th month following the month of enactment, except that pre-effectuation reviews of disability determinations are effective upon enactment.
Section 305 requires the HHS Sec. to provide in any unfavorable disability decision a statement of the case in understandable language, including a discussion of the evidence and the decision’s reasoning. Effective for decisions made on or after the first day of the 13 th month following the month of enactment.
Section 306 forecloses the introduction of new evidence after the hearing decision, while retaining remand authority to remedy an insufficiently documented case or other defect. Effective for applications filed after the month of enactment.
Section 307 limits the occasions on which a court may remand a case to the HHS Sec. on its own motion to those cases in which it can be shown that there is new evidence which is material and that there was good cause for the failure to incorporate it into the record in a prior proceeding, or upon the motion of the HHS Sec. made for good cause before he files his answer..
Section 308 requires the HHS Sec. to submit to Congress a report no later than 7/1/80 recommending the establishment of appropriate time limitations governing decisions on claims for OASDI benefits.
Section 309 provides that any non-Federal hospital, clinic, laboratory, or other provider of medical services, or physician not in the employ of the Federal Government, which supplies medical evidence required by the HHS Sec. for making Title II disability determinations, shall be entitled to payment for the reasonable cost of providing such evidence. Effective for evidence requested on or after the first day of the sixth month after date of enactment.
Section 310 permanently authorizes payment for certain travel expenses incidental to medical examinations requested by the HHS Sec. in connection with disability determinations and for travel to hearings and face-to-face reconsiderations for individuals, parties, their representatives, and necessary witnesses for OASDI (from the Trust Funds) and SSI (from general revenues) claims.
Section 311 requires, in any case in which an individual is determined to be under a disability, that the case be reviewed for the purposes of continuing eligibility at least once every three years, except that where such disability is found to be permanent the review may be made at such time as the HHS Sec. determines is appropriate. Effective 1/1/82.
Section 312 directs the HHS Sec. to report to Congress no later than 1/1/85 as to the effects produced by Titles I, II, and III of this Act.

Title IV - Provisions Relating to AFDC and Child Support Programs
Section 403 - Requires a State, under part A of the Act, to provide safeguards which restrict the use or disclosure of information collected in connection with any audit or similar activity, including SSI. Effective 9/1/80.
Section 408 amends the IRC to provide that the Commissioner of SSA, upon written request, shall disclose directly to officers and employees of a State or local child support enforcement agency tax return information for the purpose of establishing and collecting the amount of child support obligations owed by an individual under part D of Title IV of the Social Security Act. Effective 7/1/80.

Title V - Other Provisions Relating to the Social Security Act
Section 501 requires that SSI benefits received during the period in which an individual's application for OASDI benefits is pending be recovered from any payment of OASDI benefits which is made retroactive to the date of application. Effective for monthly benefits paid under Title II for which is determined on or after the first day of the 13 th month which begins after date of enactment.
Section 502 amends Title VII to terminate the National Commission on Social Security on 4/1/81.
Section 503 directs a State to pay to the Treasury Sec., within 30 days following the end of each month, OASDI contributions related to the employment of covered State and local employees. Effective for the payment of taxes on wages paid after 7/1/80.
Section 504 amends Title XVI to provide that the income and resources of an individual and their spouses who sponsor an alien for admission to the U.S. shall be deemed to the alien as unearned income for purposes of determining eligibility for and amount of SSI benefits, for three years after the alien’s entry into the U.S.. Sets forth the method of determining the sponsor’s income and resources. Provides that the alien and the sponsor shall be jointly and separately liable to repay any SSI benefits incorrectly paid because of the sponsor’s failure to provide correct information concerning income and resources. Exempts refugees, those granted political asylum and those individuals whose onset of blindness or disability commenced after the date of admission into the United States from the sponsorship requirements of this Act. Effective for individuals applying for SSI for the first time after 9/30/80.
Section 505 directs the HHS Sec. to develop and carry out experiments and demonstration projects designed to determine the relative advantages and disadvantages of: (1) various alternative methods of treating the work activity of disabled beneficiaries under the OASDI program; and (2) altering other limitations and conditions applicable to such beneficiaries, so that savings will accrue to the Trust Funds, the objectives of OASDI will be promoted, or the administration of such program will be improved. Directs the HHS Sec. to report to Congress no later than 1/1/83 concerning such experiments and demonstration projects and a final report to Congress no later than 5 years after date of enactment.
Section 506 authorizes the appropriation of additional funds to be used by the SSA to participate in a demonstration project relating to the terminally ill which is currently being conducted within HHS. States that the purpose of such participation is to study the impact on the terminally ill of provisions of the disability programs administered by the SSA.

Title III - Other Social Security Act Provisions
Section 306 requires a State, generally, to file a claim for Federal reimbursement of welfare, Medicaid, and social services program expenditures made under such Act within two years following the expenditures. Effective for claims filed on account of expenditures made in calendar quarters commencing on or after 10/1/79.
Section 310 states SSI recipients eligible for higher VA pension benefits under the 1978 VA pension improvements legislation are not required to file for the higher VA pension in order to continue eligibility for SSI and Medicaid. Effective 1/1/79.

Amends the Second Liberty Bond Act to temporarily increase the public debt limit by $525,000,000,000 through 2/28/81.

Requires each Federal agency to display the Code of Ethics for Government Service in appropriate areas of Federal buildings in which 20 or more individuals are regularly employed. Directs the Administrator of the GSA to provide for the publication and distribution of the Code of Ethics. Effective 10/1/80.

Title I
Chapter IX
Department of Health and Human Services
Provides an additional $74,000,000 for assistance payment programs and provides an additional amount for payments from the Black Lung Trust Fund, $392,347,000 to remain available until 9/30/81.

Title II - Increased Pay Costs for the FY 1980
Department of Health and Human Services
Social Security Administration
Increases the limitation on salaries and expenses paid from the trust funds by $93,000,000.

Title III - General Provisions
Section 302 increases specified limitations on appropriations available during FY 1980 for personal services expenditures.
Section 303 prohibits more than 25 % of the personnel in Senior Executive Service or similar positions from receiving performance awards.
Section 304 rescinds funds appropriated for furniture purchases, with specified exceptions. Stipulates that such rescission shall not exceed 25 % for any Federal department. Reduces the funds available in the Federal Buildings Fund for the rental of space.
Section 305 requires all unresolved audits to be resolved by 9/30/81. Requires any new audits to be resolved within six months.
Section 306 directs all Federal departments and agencies to improve the collection of overdue debts and bill interest on delinquent debts, and reduce the number of written off debts.
Section 307 requires all such departments and agencies to submit annual requests to Congress for funds for consulting services. Directs all Inspectors General to submit to Congress an evaluation of their Agency's progress in instituting effective management controls and improving the accuracy of data regarding consultant service contractual arrangements. Effective 10/1/81.

Section 8 states funds distributed shall not be considered income or resources in determining eligibility for Federal programs.

Increases the maximum rates of per diem and actual subsistence allowances and the mileage allowances for Federal employees on official travel. Requires the Administrator of General Services: (1) to collect, by fiscal year, certain information concerning the causes, purposes, and costs of official travel and the efficiency of travel practices of each Federal agency which spends more than $5,000,000 annually for travel expenses; and (2) to report such information to Congress on specified dates for each of FY 1979, 1980, and 1981.

Chapter 6 requires each Federal agency to assess the economic and paperwork impact of a proposed rule on individuals, small businesses, organizations and governments; and also requires that such assessment include possible alternatives to the proposed rule. In addition, to current information required at the time of publication of a NPRM, include (1) a description and estimate of the number of entities to which the proposed rule would apply; (2) identification of duplicative or overlapping rules; (3) agency assurance to consider acceptable alternatives to the rule; and (4) statements outlining the purpose, form and length of recordkeeping and reporting forms and skills needed to complete same, estimate of personnel required for recordkeeping purpose, and estimates of time required for compliance for the entities. Effective 1/1/81.

Title IV - Miscellaneous Provisions Section 414 provides that the unemployment pension offset requirement of existing law shall continue to apply to a worker’s Social Security and Railroad Retirement benefits (does not apply to dependents’ and survivors’ benefits). Effective beginning 11/1/80.