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.
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.
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.
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.
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.
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.
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.
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.
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).
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.
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.
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.
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.
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.
PL 101-239 Omnibus Budget Reconciliation Act of 1989 (enacted 12/19/89)
|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).
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.
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.
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.
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.
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)
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.
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.
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.
PL 101-508 Omnibus Budget Reconciliation Act of 1990 (enacted 11/5/90)
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;
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.
PL 101-509 Treasury, Postal Service and General Government Appropriations Act of 1991 (enacted 11/5/90)
|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.
PL 101-517 Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 1991 (enacted 11/5/90)
|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.