97th Congress

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

Title II limits administrative expenses (increase of $90,000,000 in the limitation on salaries and expenses paid from the trust funds and the Supplemental Security Income program; “Supplemental Security Income”, $25,000,000.

Title III - General Provisions
Section 304 states that the Social Security system is vital to the well-being of the Nation’s elderly and disabled citizens and currently provides benefits to about 35 million Americans. The Social Security system faces serious short-term and long-term financing problems that jeopardize the payment of benefits. It is essential that Congress act forthrightly to address the Social Security financing problem and to restore the American people’s confidence in the system. Any resolution to this problem will have come as a result of a bipartisan effort. It is the sense of the Congress that Congress should carefully study all options in order to find the most equitable solution to insuring the fiscal integrity of the system. That Congress shall not precipitously and unfairly reduce early retiree’s benefits. That Congress will enact reforms necessary to ensure the short-term and long-term solvency of the Social Security system but will not support reductions in benefits which exceed those necessary to achieve a financially sound system and the well being of all retired Americans.
Section 2 amends Section 8(d) of PL 93-233 for the period of 7/1/81 to 8/1/81 and states upon request of a State, the HHS Sec. shall find for purposes of the provisions specified in subsection (c), that the level of such State’s supplementary payments has been specifically increased for any month after 6/76 so as to include the bonus value of food stamps if (1) the Sec. has found that such State’s supplementary payments in 6/76 were increased to include the bonus value of food stamps; (2) recipients of supplementary payments in such State were ineligible for food stamps for the month of 12/80; and (3) such State continues to meet the requirements of Section 1618 of such Act for each month after 6/77 and up to and including the month for which the Sec. is making the determination.

Title I - Agriculture, Forestry, and Related Programs
Subtitle A - Food Stamp Program Reductions and Other Reductions in Authorization for Appropriations
Section 104 amends Section 5 of the Food Stamp Act of 1977 by changing the income standards of eligibility for households containing a member who receives SSI or disability or blindness payments.

Title XI - Transportation and Related Programs
Subtitle D - Railroad Retirement and Related Matters
Section 1116 amends the Railroad Retirement Act of 1974 to direct that an individual who has completed 25 years of service shall be deemed to have “current connection” with the railroad industry for retirement purposes.
Section 1117 provides spouses’ and widows’ benefits to a divorced spouse of an annuitant under specific conditions.
Section 1118 revises the computation of employee, spouse, and survivor annuities with respect to railroad employees who as of 12/31/74, had at least ten years service and were fully insured under the Social Security Act.
Section 1120 provides for the application of the Social Security rules in calculating post-retirement annuity increases or decreases for an early retiree whose benefit was reduced by reason of an early entitlement.

Title XXI - Medicare, Medicaid, and Maternal and Child Health
Subtitle B - Provisions Relating to Medicare
Chapter 2 - Changes in Coinsurance, Deductibles, and Copayments
Section 2134 states that Section 1833(b) of the Social Security Act is amended by striking out “$60” and inserting “$75”. Effective 1/1/82, and shall apply to the deductible for calendar years beginning with 1982.

Title XXII - Federal Old-Age, Survivors, and Disability Insurance
Section 2201 eliminates the regular minimum benefit for all beneficiaries who initially become eligible for benefits payable for months after 10/81. For all others, the minimum is eliminated for benefits payable for months after 2/82. Beneficiaries on the rolls as of the effective date will have their benefits recomputed on the basis of either (a) the extended benefit table or the benefit formula established pursuant to the 1977 Social Security Amendments, whichever is applicable or, if larger, the special age-72 benefit if they meet the insured-status and other requirements for that benefit. Recipients who get their minimum benefits reduced under this provision, who are age 60-64, and who would be eligible for SSI benefits under present law if they were age 65, can receive an SSI payment in an amount not to exceed the difference between their newly reduced Social Security benefit and the amount which they had been receiving under prior law. This special SSI payment would not be adjusted for changes in the cost of living nor would the recipient be entitled to State supplementary payments or to other benefits such as food stamps or Medicaid as a result of receiving the special SSI payment.
Section 2202 states that the LSDP will be paid only to a spouse living in the same household as the deceased at the time of death. If there is no such spouse, it may be paid to a spouse (excluding a divorced spouse) who is eligible for widow’s or widower’s benefits for the month of death. If no spouse is eligible for payment, it will be made to children who are eligible for monthly benefits in the month of death. Effective for death after 8/81.
Section 2203 provides that workers and their spouses (including divorced spouses) may not receive old-age benefits for a month unless they meet the requirements for entitlement throughout that month. Only in the case of a person who attains age 62 on the first day of a month can benefits be paid for the month of attainment of age 62. Effective for workers and spouses who attain age 62 after 8/81.
Section 2204 retains the earnings limitations test for persons under age 72 until 1983. (Under prior law the age had been lowered to 70 for tax years ending after 1981.) Beginning in 1983, the limit will be age 70.
Section 2205 amends Section 202(s)(1) of the Social Security Act by ending entitlement for the mother or father caring for a child who receives child’s benefits when the child attains age 16. Change does not apply in the case of a parent caring for an eligible disabled child aged 16 or over. Effective with respect to current beneficiaries at the end of 8/83. Effective immediately for parents becoming newly entitled to benefits for months after 8/81.
Section 2205 amends Section 202(s)(1) of the Social Security Act by ending entitlement for the mother or father caring for a child who receives child’s benefits when the child attains age 16. Change does not apply in the case of a parent caring for an eligible disabled child aged 16 or over. Effective with respect to current beneficiaries at the end of 8/83. Effective immediately for parents becoming newly entitled to benefits for months after 8/81.
Section 2206 provides that OASDI benefit amounts will be rounded to the next lower 10 cents at every step of the benefits calculations and then to the next lower dollar (after deducting any SMI premium) at the final step. Effective for all initial calculations and adjustments of PIA and benefit amounts which are attributable to periods after 8/81.
Section 2207 authorizes the HHS Sec. to charge requestors the full cost of furnishing detailed earnings information to enable an employee benefit plan to comply with ERISA or for any other purpose not directly related to the administration of the programs under the Social Security Act.
Section 2208 provides for a disability Megacap, under which a person’s disability benefits will be reduced so the sum of all benefits payable under Federal, State, and local public programs on the basis of disability will not exceed the higher of 80 percent of the person’s “average current earnings” or the disabled worker family’s total Social Security benefits. This provision will not reduce a person’s Social Security disability benefits based on receipt of (1) a VA service-connected benefit, (2) a public-employee pension based on employment covered under Social Security, (3) a needs-based public benefit, or (4) a private pension or insurance benefit. Modifies the WC provision in current law by extending the offset to disabled workers aged 62-64 and by making the offset effective with the month of the individual’s first concurrent entitlement to OASDI and other disability benefits. Effective for initial entitlements to disability for months after 8/81, but only for an individual who became disabled after 2/81.
Section 2209 authorizes reimbursement from the OASDI Trust Funds to a State for VR services only where the services have contributed to a beneficiary’s performance of SGA for a continuous nine-month period. Effective for VR services provided after 9/81.
Section 2210 eliminates new benefits to students age 18-21 who are full-time students at institutions of higher education or other post-secondary schools, effective with benefits payable for 8/82. Benefits paid to individuals age 18 who attend elementary or secondary school will end at age 19. Effective with benefits for months after 7/82.

Title XXIII - Public Assistance Programs
Subtitle B - Supplemental Security Income Benefits
Section 2341 provides that an individual’s monthly eligibility for SSI shall be determined on the basis of the individual’s income, resources, and other conditions in such month, and the amount of monthly benefits on the basis of income and other conditions in the first or, second month preceding such month. Authorizes the HHS Sec. to redetermine eligibility for and the amount of benefits at other times. Effective for months after the first calendar quarter which ends more than five months after month of enactment.
Section 2342 permits a State to continue to provide food stamps to SSI recipients if specified conditions are complied with. Effective 7/1/81.
Section 2343 establishes a process for crediting a State for which SSA is making State supplementary payments with its share of SSI checks that remain unnegotiated for 180 days after month of issue. An SSI check that is presented for payment after the State has been credited with its share of the payment will be honored. In these cases, the State will be recharged for its share of the amount of the paid checks. The Treasury Department is required to notify SSA monthly of outstanding uncashed checks and SSA will credit States for their shares of that amount. SSA is required to investigate the reason the checks have not been cashed. The uncashed checks provision is effective 10/1/82 and applies to all unnegotiated SSI checks issued since the program began in 1/74.
Section 2344 repeals the provisions which provided funding of rehabilitation services for SSI recipients, except with respect to blind and disabled recipients who subsequently perform SGA for a continuous period of nine months. COSS shall determine the amount of costs to be reimbursed. Effective 10/81.

Title XXIV - Low-Income Home Energy Assistance
Section 2605 requires States to conduct outreach activities to ensure that eligible individual are aware of this assistance, and coordinate these activities with other Federal programs including SSI; excludes energy assistance payments or allowances from I&R in determining eligibility for SSI.

PL 97-51 (10/1/81 - 11/20/81) (enacted 10/1/81)
PL 97-85 (10/1/81 - 12/15/81) (enacted 11/23/81)
Making continuing appropriations for FY 1982 at FY 1981 levels until enactment of permanent FY 1982 appropriations.

PL 97-92 (12/15/81 - 3/31/82) (enacted 12/15/81)
Making continuing appropriations for FY 1982 at FY 1981 levels until enactment of permanent FY 1982 appropriations.

Title XIII - Food Stamp and Commodity Distribution Amendments of 1981
Section 1302 amends the household definition of Section 3(i) of the Food Stamp Act of 1977 to include individuals who receive SSI or disability under Title II.
Section 1306 amends Section 5(d) of the Food Stamp Act of 1977 by excluding energy assistance payments or allowances from I&R in determining eligibility for SSI.
Section 1321 requires State agencies to request and utilize Social Security and unemployment wage data to verify recipient’s earnings.
Section 1327 requires recipient households to furnish the Social Security numbers of all household members.
Section 1328 extends cash-out pilot programs through FY 1985. Permits States to limit this extension to specified projects, and expands the scope of such cash programs.
Section 1330 simplifies the processing of applications for certain AFDC, SSI, and Medicaid recipients by amending Section 17 of the Food Stamp Act of 1977 by adding new subsection (f) which states the Sec. may conduct no more than two statewide pilot projects and no more than fourteen pilot projects in political subdivisions of States.

Title IV - Training, Research, and Discretionary Projects and Programs
Section 422(c) requires in consultation with the COSS and other agencies to develop procedures, compile a list of all services, and establish information and referral service for elderly, blind, and disabled individuals who need supportive services.

Title I - Amendments to the Internal Revenue Code of 1954
Subtitle I - Trust Fund Code
Subchapter A - Establishment of Trust Funds
Section 9501 establishes the “Black Lung Disability Trust Fund”, consisting of amounts as may be appropriated or credited to such fund, and the trustees of the fund shall be the Treasury Sec., Labor Sec., and HHS Sec. Effective 1/1/82.

Section 1 amends Titles II and XVIII of the Social Security Act to permit the Managing Trustees of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Trust Fund, and the Federal Hospital Insurance Trust Fund to borrow funds from any of the Trust Funds for transfer to the Trust Fund which needs financing at any time before 1/83, if such borrowing best finances the benefit payments from the Trust Funds. Provides for interest payments on such loans and loan repayment. Requires the Board of Trustees of the Trust Funds to report to Congress on any amounts transferred under this Act.
Section 2 amends the Social Security Act and the Omnibus Budget Reconciliation Act of 1981 to restore the minimum Social Security benefit under Title II for individuals who are eligible for benefits before 1/82 or whose benefits are based upon a worker’s eligibility or death before 1/82. Retains the minimum Social Security benefit in the case of individuals who are eligible for benefits after 1981 and before 1992 and who are members of religious orders which require a vow of poverty and which elected coverage under the Social Security Act before 12/29/81.

Section 3 Extends the Social Security payroll tax to the first 6 months of sick pay, including payments by insurance companies and under State temporary disability insurance laws and the Railroad Temporary Disability Insurance Program (but excluding payments received under a worker’s compensation law).
Section 4 amends Section 208(g) of the Social Security Act to make it a felony to willfully, knowingly, and with intent to deceive, and misuse SSNs, and makes it a felony to knowingly alter, buy or sell, or counterfeit a Social Security card or possess or counterfeit a Social Security card with intent to sell or alter it.
Section 6 amends Title II of the Social Security Act to require that Federal, State, and local government agencies give the HHS Sec., upon written request, the names and SSNs of prisoners under the agencies’ jurisdiction so that the Sec. can suspend their disability benefits.
Section 7 directs the HHS Sec. to report to Congress within a specified time on the actions taken to prevent OASDI benefit payments to deceased individuals, including to the extent possible the use of death records under the Medicare program. Effective 90 days after date of enactment.

PL 97-161 (12/15/81 - 9/30/82) (enacted 3/31/82)
Making continuing appropriations for FY 1982 at FY 1981 levels until enactment of permanent FY 1982 appropriations.

Title III - Civil Service Programs and Government Operations
Subtitle A - Civil Service Programs
Section 301 provides that COLA increases under any Government retirement system in annuity or retired or retainer pay of any retirees under age 62 during FY 1983, 1984, and 1985, shall be equal to one-half of the assumed increase in the price index for that year. Provides that such retirees shall receive an additional increase if the COLA which actually occurs exceeds the projected adjustment, and provides for a reduction in the civil service pay of military retirees who are employed in civil service positions.
Section 302 provides that, for purposes of disability evaluations, earning capacity shall be deemed to be restored if the disabled annuitant's income for any calendar year equals 80 percent or more of the current pay rate of his or her last position. Effective 10/1/82
Section 303 revises the method of computing interest on amounts deposited or redeposited into the CSRS and Disability Fund after 12/31/84, for annuity credit. Effective 10/1/82.
Section 304 requires the monthly installments of CSRS annuities to be rounded to the next lowest dollar at commencement and after each COLA. Effective 10/1/82.
Section 305 changes the commencement date for annuities for employees other than those who are involuntarily separated from the service or who retire on disability to the first day of the month after: (1) separation from the service; or (2) pay ceases and age and service requirements are met. Effective for annuities which commence on or after 10/1/82.
Section 306 provides CSRS credit for military service to an individual becoming an employee after 10/1/82, only if a deposit is made into the CSRS. Allows any employee to make such a deposit for military service, and includes such military service for which a deposit is made as creditable service for purposes of determining the amount of a CSRS annuity even after the annuitant becomes eligible for OASDI insurance benefits. Effective 10/1/82.
Section 307 allows any person entitled to an annuity on or before enactment to elect to be exempted from provisions excluding such person's military service as creditable service if the person is eligible for OASDI benefits, and provides for the recomputation of such annuity. Effective 10/1/82.
Section 308 precludes eligibility for early retirement for an employee who is: (1) voluntarily separated from the service during agency reorganization unless a significant percentage of employees will be separated or subject to a pay reduction; or (2) involuntarily separated from the service if the employee rejects a reasonable offer of another civil service position. Effective 10/1/82.
Section 309 prohibits a CSRS annuity from being increased by a COLA to an amount exceeding the greater of: (1) the maximum pay for a GS-15; or (2) the employee’s final pay (or average pay, if higher) increased by the cumulative average increases in pay since the employee retired.
Section 310 increases the rates of pay under Federal statutory pay systems by four percent for FY 1983 if: (1) before 9/1/82, the President transmits to Congress an alternative plan providing for an increase of less than four percent; and (2) Congress disapproves such plan. Requires any Federal hourly rate of pay, for FY 1984 and 1985, to be derived by dividing the annual rate of basic pay by 2,087.

PL 97-276 (9/30/82 - 12/21/82) (enacted 10/2/82)
Making continuing appropriations for FY 1983 at FY 1982 levels until enactment of permanent FY 1983 appropriations.

Title I - Job Training Partnership
Part C - Program Requirements for Service Delivery System
Section 142 excludes allowances, earnings and payments to individuals participating in programs under this Act from I&R in determining eligibility for SSI.

Section 2 states the law amends the Privacy Act and/or the Federal Claims Collection Act of 1966.
Section 3 permits Federal agencies to disclose information on overdue debts owed by individuals to consumer reporting agencies.
Section 4 requires an individual applying for a Federal loan to furnish his or her taxpayer identifying number.
Section 5 permits the offset of Federal employees’ salaries where the employee has defaulted on a Government debt.
Section 6 establishes a Federal penalty for assault on a Federal employee collecting Government debts.
Section 7 permits IRS to disclose to another Federal agency whether a loan applicant has any outstanding tax liability. Applies to loan applications made after 9/30/82.
Section 8 allows mailing addresses obtained from the IRS on delinquent debtors to be provided to Federal agencies or their agents for debt collection purposes, but if the agent is a consumer reporting agency, the address may be disclosed only for the purpose of preparing a commercial credit report.
Section 9 amends Title 28 U.S.C. Section 2415 by adding the following subsection (i) the provisions of this section shall not prevent the U.S. or an officer or agency thereof from collecting any claim of the U.S. by means of administrative offset, in accordance with Section 5 of the Federal Claims Collection Act of 1966.
Section 10 provides that a Federal agency may collect a debt by administrative offset after unsuccessfully trying to collect the debt by other means unless the debt has been outstanding for more than 10 years; this provision would not apply if another statute either explicitly provides for or prohibits administrative offset.
Section 11 requires Federal agencies to charge interest on debts owed the Government and to assess penalties on delinquent debts and charges to cover the costs of processing and handling delinquent claims.
Section 12 requires OMB to establish procedures for Federal agencies to report on debt collection activities to OMB and the Secretary of the Treasury at least once each year. OMB, in turn, must report to Congress annually.
Section 13 permits Federal Agencies to contract with private collection agencies for collection services.

Title I - Eliminations
Section 107 eliminates the requirement (in Section 1120 of the Social Security Act) that the HHS Sec. annually report to the Congress upon the approval of any Social Security research, demonstration, or similar project with full Federal financing.

Title II - Modifications
Section 206 changes the requirement in the Privacy Act that each agency annually publish in the Federal Register a notice detailing its systems of records to a requirement that those notices be published only upon establishment or revision of a system of records.

Title II makes appropriations for FY 1983 for the Social Security Administration payments for the Trust Funds, special benefits for disabled coal miners, SSI and LAE.

Title V - General Provisions
Section 156 provides for benefit payments to surviving spouses and dependent children of certain members of the Armed Forces who died on active duty before 8/13/81, or who died later as a result of a service-connected disability incurred or aggravated before such date. The amount of payment is tied directly to Title II benefit rates. The HHS Sec. shall provide to the head of the agency (as designated by the President) such information as needed to carry out this section.

Section 2 amends Title 18 of the U.S. Code to provide penalties for (1) knowingly and unlawfully producing or transferring an identification document or false identification document; (2) possessing five or more false identification documents; (3) possessing false identification documents with the intent to defraud the United States; (4) possessing an identification document that appears to be a U.S. document with knowledge that it is stolen or produced without authority; or (5) producing, transferring, or possessing any document-making implement used for the production of false identification.

Title V - Highway Revenue Act of 1982
Subtitle E - Miscellaneous Provisions
Section 545(a)-(b) excludes privately funded home energy assistance from income counting for SSI and for AFDC (at State option) if, as determined under Federal regulations, an appropriate State agency determines that the assistance is based on needs and furnished in kind by a private, nonprofit organization; or furnished in cash or in kind by a home heating gas or oil supplier, or by a publicly regulated or municipally owned utility providing home energy.
Section 545(c) states this will be effective for home energy assistance received in months beginning on or after the month of enactment up to 7/1/85.
Section 545(d) requires that the HHS Sec. report to the Congress prior to 4/1/85, on the implementation and the results of these exclusions together with a recommendation as to whether the exclusions should be extended.