I
103D CONGRESS
1ST SESSION
H. R. 2141
To provide for budget reconciliation with respect to revenue and spending
matters within the jurisdiction of the Committee on Ways and Means
for fiscal year 1994 and subsequent fiscal years.
IN THE HOUSE OF REPRESENTATIVES
MAY 18, 1993
Mr. ROSTENKOWSKI introduced the following bill; which was referred jointly
to the Committees on Ways and Means, Energy and Commerce, and Rules
A BILL
To provide for budget reconciliation with respect to revenue
and spending matters within the jurisdiction of the Com-
mittee on Ways and Means for fiscal year 1994 and
subsequent fiscal years.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE 
I—SHORT 
TITLE; 
REF-
ERENCES TO OMNIBUS BUDG-
ET RECONCILIATION ACT OF
1993
SEC. 101. SHORT TITLE.
This Act may be cited as the ‘‘Ways and Means
Budget Reconciliation Act of 1993’’.
SEC. 102. REFERENCES TO OMNIBUS BUDGET RECONCILI-
ATION ACT OF 1993.
Any reference in this Act (or in any amendment made
by this Act) to the Omnibus Budget Reconciliation Act
of 1993 shall be deemed to be a reference to this Act.
TITLES II-XII—[RESERVED]
TITLE XIII—COMMITTEE ON
WAYS AND MEANS—SAVINGS
Subtitle A—Old-Age, Survivors, and
Disability Insurance Program
TABLE OF CONTENTS OF SUBTITLE
Sec. 13001. Explicit requirements for maintenance of telephone access to local
offices of the Social Security Administration.
Sec. 13002. Expansion of State option to exclude service of election officials or
election workers from coverage.
Sec. 13003. Use of social security numbers by States and local governments
and Federal district courts for jury selection purposes.
Sec. 13004. Authorization for all States to extend coverage to State and local
policemen and firemen under existing coverage agreements.
Sec. 13005. Limited exemption for Canadian ministers from certain self-em-
ployment tax liability.
Sec. 13006. Exclusion of totalization benefits from the application of the wind-
fall elimination provision.
Sec. 13007. Exclusion of military reservists from application of the government
pension offset and windfall elimination provisions.
Sec. 13008. Repeal of the facility-of-payment provision.
Sec. 13009. Maximum family benefits in guarantee cases.
Sec. 13010. Authorization for disclosure by the Secretary of Health and
Human Services of information for purposes of public or pri-
vate epidemiological and similar research.
Sec. 13011. Improvement and clarification of provisions prohibiting misuse of
symbols, emblems, or names in reference to social security pro-
grams and agencies.
Sec. 13012. Increased penalties for unauthorized disclosure of social security
information.
Sec. 13013. Simplification of employment taxes on domestic services.
Sec. 13014. Increase in authorized period for extension of time to file annual
earnings report.
Sec. 13015. Allocations to Federal Disability Insurance Trust Fund.
Sec. 13016. Extension of disability insurance program demonstration project
authority.
Sec. 13017. Technical and clerical amendments.
Sec. 13018. Cross-matching of social security account number information and
employer identification number information maintained by the
Department of Agriculture.
Sec. 13019. Prohibition of misuse of Department of the Treasury names, sym-
bols, etc.
Sec. 13020. Availability and use of death information under the old-age, survi-
vors, and disability insurance program.
SEC. 13001. EXPLICIT REQUIREMENTS FOR MAINTENANCE
OF TELEPHONE ACCESS TO LOCAL OFFICES
OF THE SOCIAL SECURITY ADMINISTRATION.
(a) MAINTENANCE
OF SERVICE
TO LOCAL OF-
FICES.—
(1) IN GENERAL.—Section 5110(a) of the Om-
nibus Budget Reconciliation Act of 1990 (104 Stat.
1388-272) is amended by adding at the end the fol-
lowing new sentence: ‘‘In carrying out the require-
ments of the preceding sentence, the Secretary shall
reestablish and maintain in service at least the same
number of telephone lines to each such local office
as was in place as of such date, including telephone
sets for connections to such lines.’’.
(2) 
EFFECTIVE
DATE.—The 
Secretary 
of
Health and Human Services shall ensure that the
requirements of the amendment made by paragraph
(1) are carried out no later than 90 days after the
date of the enactment of this Act.
(3) GAO REPORT.—The Comptroller General of
the United States shall make an independent deter-
mination of the number of telephone lines to each
local office of the Social Security Administration
which are in place as of 90 days after the enactment
of this Act and shall report his findings to the Com-
mittee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the
Senate no later than 150 days after the date of the
enactment of this Act.
(b) MAINTENANCE
OF
TOLL-FREE
TELEPHONE
NUMBER SERVICE.—The Secretary of Health and Human
Services shall ensure that toll-free telephone service pro-
vided by the Social Security Administration is maintained
at a level which is at least equal to that in effect on the
date of the enactment of this Act.
(2) by striking ‘‘$100’’ and inserting ‘‘$1,000
with respect to service performed during 1994, and
the adjusted amount determined under subpara-
graph (B) for any subsequent year with respect to
service performed during such subsequent year’’;
and
(3) by striking the last sentence and inserting
the following new sentence: ‘‘Any modification of an
agreement pursuant to this paragraph shall be effec-
tive with respect to services performed in and after
the calendar year in which the modification is mailed
or delivered by other means to the Secretary.’’.
(d) INDEXATION
OF EXEMPT AMOUNT.—Section
218(c)(8) of such Act (as amended by subsection (c)) is
further amended—
(1) by inserting ‘‘(A)’’ after ‘‘(8)’’; and
(2) by adding at the end the following new sub-
paragraph:
‘‘(B) For each year after 1994, the Secretary shall
adjust the amount referred to in subparagraph (A) at the
same time and in the same manner as is provided under
section 215(a)(1)(B)(ii) with respect to the amounts re-
ferred to in section 215(a)(1)(B)(i), except that—
‘‘(i) for purposes of this subparagraph, 1992
shall be substituted for the calendar year referred to
in section 215(a)(1)(B)(ii)(II), and
‘‘(ii) such amount as so adjusted, if not a mul-
tiple of $100, shall be rounded to the next higher
multiple of $100 where such amount is a multiple of
$50 and to the nearest multiple of $100 in any other
case.
The Secretary shall determine and publish in the Federal
Register each adjusted amount determined under this sub-
paragraph not later than November 1 preceding the year
for which the adjustment is made.’’.
(e) EFFECTIVE DATE.—The amendments made by
subsections (a), (b), and (c) shall apply with respect to
service performed on or after January 1, 1994.
SEC. 13003. USE OF SOCIAL SECURITY NUMBERS BY STATES
AND LOCAL GOVERNMENTS AND FEDERAL
DISTRICT COURTS FOR JURY SELECTION
PURPOSES.
(a) IN GENERAL.—Section 205(c)(2) of the Social
Security Act (42 U.S.C. 405(c)(2)) is amended—
(1) in subparagraph (B)(i), by striking ‘‘(E)’’ in
the matter preceding subclause (I) and inserting
‘‘(F)’’;
(2) by redesignating subparagraphs (E) and
(F) as subparagraphs (F) and (G), respectively; and
(3) by inserting after subparagraph (D) the fol-
lowing:
‘‘(E)(i) It is the policy of the United States that—
‘‘(I) any State (or any political subdivision of a
State) may utilize the social security account num-
bers issued by the Secretary for the additional pur-
poses described in clause (ii) if such numbers have
been collected and are otherwise utilized by such
State (or political subdivision) in accordance with
applicable law, and
‘‘(II) any district court of the United States
may use, for such additional purposes, any such so-
cial security account numbers which have been so
collected and are so utilized by any State.
‘‘(ii) The additional purposes described in this clause
are the following:
‘‘(I) identifying duplicate names of individuals
on master lists used for jury selection purposes, and
‘‘(II) identifying on such master lists those indi-
viduals who are ineligible to serve on a jury by rea-
son of their conviction of a felony.
‘‘(iii) To the extent that any provision of Federal law
enacted before the date of the enactment of this subpara-
graph is inconsistent with the policy set forth in clause
(i), such provision shall, on and after that date, be null,
void, and of no effect.
‘‘(iv) For purposes of this subparagraph, the term
‘State’ has the meaning such term has in subparagraph
(D).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall take effect on the date of the enact-
ment of this Act.
SEC. 13004. AUTHORIZATION FOR ALL STATES TO EXTEND
COVERAGE TO STATE AND LOCAL POLICE-
MEN AND FIREMEN UNDER EXISTING COV-
ERAGE AGREEMENTS.
(a) IN GENERAL.—Section 218(l) of the Social Secu-
rity Act (42 U.S.C. 418(l)) is amended—
(1) in paragraph (1), by striking ‘‘(1)’’ after
‘‘(l)’’, and by striking ‘‘the State of’’ and all that fol-
lows through ‘‘prior to the date of enactment of this
subsection’’ and inserting ‘‘a State entered into pur-
suant to this section’’; and
(2) by striking paragraph (2).
(b) 
CONFORMING
AMENDMENT.—Section
218(d)(8)(D) of such Act (42 U.S.C. 418(d)(8)(D)) is
amended by striking ‘‘agreements with the States named
in’’ and inserting ‘‘State agreements modified as provided
in’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to modifications filed
by States after the date of the enactment of this Act.
SEC. 13005. LIMITED EXEMPTION FOR CANADIAN MIN-
ISTERS FROM CERTAIN SELF-EMPLOYMENT
TAX LIABILITY.
(a) IN GENERAL.—Notwithstanding any other provi-
sion of law, if—
(1) an individual performed services described
in section 1402(c)(4) of the Internal Revenue Code
of 1986 which are subject to tax under section 1401
of such Code,
(2) such services were performed in Canada at
a time when no agreement between the United
States and Canada pursuant to section 233 of the
Social Security Act was in effect, and
(3) such individual was required to pay con-
tributions on the earnings from such services under
the social insurance system of Canada,
then such individual may file a certificate under this sec-
tion in such form and manner, and with such official, as
may be prescribed in regulations issued under chapter 2
of such Code. Upon the filing of such certificate, notwith-
standing any judgment which has been entered to the con-
trary, such individual shall be exempt from payment of
such tax with respect to services described in paragraphs
(1) and (2) and from any penalties or interest for failure
to pay such tax or to file a self-employment tax return
as required under section 6017 of such Code.
(b) PERIOD FOR FILING.—A certificate referred to
in subsection (a) may be filed only during the 180-day
period commencing with the date on which the regulations
referred to in subsection (a) are issued.
(c) TAXABLE YEARS AFFECTED BY CERTIFICATE.—
A certificate referred to in subsection (a) shall be effective
for taxable years ending after December 31, 1978, and
before January 1, 1985.
(d) RESTRICTION ON CREDITING OF EXEMPT SELF-
EMPLOYMENT INCOME.—In any case in which an individ-
ual is exempt under this section from paying a tax im-
posed under section 1401 of the Internal Revenue Code
of 1986, any income on which such tax would have been
imposed but for such exemption shall not constitute self-
employment income under section 211(b) of the Social Se-
curity Act (42 U.S.C. 411(b)), and, if such individual’s
primary insurance amount has been determined under sec-
tion 215 of such Act (42 U.S.C. 415), notwithstanding
section 215(f)(1) of such Act, the Secretary of Health and
Human Services shall recompute such primary insurance
amount so as to take into account the provisions of this
subsection. The recomputation under this subsection shall
be effective with respect to benefits for months following
approval of the certificate of exemption.
SEC. 13006. EXCLUSION OF TOTALIZATION BENEFITS FROM
THE APPLICATION OF THE WINDFALL ELIMI-
NATION PROVISION.
(a) IN GENERAL.—Section 215(a)(7) of the Social
Security Act (42 U.S.C. 415(a)(7)) is amended—
(1) in subparagraph (A), by striking ‘‘but ex-
cluding’’ and all that follows through ‘‘1937’’ and
inserting ‘‘but excluding (I) a payment under the
Railroad Retirement Act of 1974 or 1937, and (II)
a payment by a social security system of a foreign
country based on an agreement concluded between
the United States and such foreign country pursuant
to section 233’’; and
(2) in subparagraph (E), by inserting after ‘‘in
the case of an individual’’ the following: ‘‘whose eli-
gibility for old-age or disability insurance benefits is
based on an agreement concluded pursuant to sec-
tion 233 or an individual’’.
(b) CONFORMING AMENDMENT RELATING TO BENE-
FITS UNDER 1939 ACT.—Section 215(d)(3) of such Act
(42 U.S.C. 415(d)(3)) is amended by striking ‘‘but exclud-
ing’’ and all that follows through ‘‘1937’’ and inserting
‘‘but excluding (I) a payment under the Railroad Retire-
ment Act of 1974 or 1937, and (II) a payment by a social
security system of a foreign country based on an agree-
ment concluded between the United States and such for-
eign country pursuant to section 233’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply (notwithstanding section 215(f)(1)
of the Social Security Act (42 U.S.C. 415(f)(1))) with re-
spect to benefits payable for months after October 1993.
SEC. 13007. EXCLUSION OF MILITARY RESERVISTS FROM
APPLICATION OF THE GOVERNMENT PEN-
SION OFFSET AND WINDFALL ELIMINATION
PROVISIONS.
(a) EXCLUSION FROM GOVERNMENT PENSION OFF-
SET
PROVISIONS.—Subsections (b)(4), (c)(2), (e)(7),
(f)(2), and (g)(4) of section 202 of the Social Security Act
(42 U.S.C. 402 (b)(4), (c)(2), (e)(7), (f)(2), and (g)(4))
are each amended—
(1) in subparagraph (A)(ii), by striking ‘‘unless
subparagraph (B) applies.’’;
(2) in subparagraph (A), by striking ‘‘The’’ in
the matter following clause (ii) and inserting ‘‘unless
subparagraph (B) applies. The’’; and
(3) in subparagraph (B), by redesignating the
existing matter as clause (ii), and by inserting before
such clause (ii) (as so redesignated) the following:
‘‘(B)(i) Subparagraph (A)(i) shall not apply with re-
spect to monthly periodic benefits based wholly on service
as a member of a uniformed service (as defined in section
210(m)).’’.
(b) EXCLUSION
FROM
WINDFALL
ELIMINATION
PROVISIONS.—Section 215(a)(7)(A) of such Act (as
amended by section 13006(a) of this Act) and section
215(d)(3) of such Act (as amended by section 13006(b)
of this Act) are each further amended—
(1) by striking ‘‘and’’ before ‘‘(II)’’; and
(2) by striking ‘‘section 233’’ and inserting
‘‘section 233, and (III) a payment based wholly on
service as a member of a uniformed service (as de-
fined in section 210(m))’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply (notwithstanding section 215(f) of
the Social Security Act) with respect to benefits payable
for months after October 1993.
SEC. 13008. REPEAL OF THE FACILITY-OF-PAYMENT PROVI-
SION.
(a) REPEAL OF RULE PRECLUDING REDISTRIBUTION
UNDER FAMILY MAXIMUM.—Section 203(i) of the Social
Security Act (42 U.S.C. 403(i)) is repealed.
(b) COORDINATION UNDER FAMILY MAXIMUM OF
REDUCTION
IN BENEFICIARY’S AUXILIARY BENEFITS
WITH SUSPENSION OF AUXILIARY BENEFITS OF OTHER
BENEFICIARY
UNDER
EARNINGS
TEST.—Section
203(a)(4) of such Act (42 U.S.C. 403(a)(4)) is amended
by striking ‘‘section 222(b). Whenever’’ and inserting the
following: ‘‘section 222(b). Notwithstanding the preceding
sentence, any reduction under this subsection in the case
of an individual who is entitled to a benefit under sub-
section (b), (c), (d), (e), (f), (g), or (h) of section 202 for
any month on the basis of the same wages and self-em-
ployment income as another person—
‘‘(A) who also is entitled to a benefit under sub-
section (b), (c), (d), (e), (f), (g), or (h) of section
202 for such month,
‘‘(B) who does not live in the same household
as such individual, and
‘‘(C) whose benefit for such month is suspended
(in whole or in part) pursuant to subsection (h)(3)
of this section,
shall be made before the suspension under subsection
(h)(3). Whenever’’.
(c) CONFORMING AMENDMENT APPLYING EARNINGS
REPORTING REQUIREMENT DESPITE SUSPENSION
OF
BENEFITS.—The third sentence of section 203(h)(1)(A)
of such Act (42 U.S.C. 403(h)(1)(A)) is amended by strik-
ing ‘‘Such report need not be made’’ and all that follows
through ‘‘The Secretary may grant’’ and inserting the fol-
lowing: ‘‘Such report need not be made for any taxable
year—
‘‘(i) beginning with or after the month in which
such individual attained age 70, or
‘‘(ii) if benefit payments for all months (in such
taxable year) in which such individual is under age
70 have been suspended under the provisions of the
first sentence of paragraph (3) of this subsection,
unless—
‘‘(I) such individual is entitled to benefits
under subsection (b), (c), (d), (e), (f), (g), or
(h) of section 202,
‘‘(II) such benefits are reduced under sub-
section (a) of this section for any month in such
taxable year, and
‘‘(III) in any such month there is another
person who also is entitled to benefits under
subsection (b), (c), (d), (e), (f), (g), or (h) of
section 202 on the basis of the same wages and
self-employment income and who does not live
in the same household as such individual.
The Secretary may grant’’.
(d) CONFORMING AMENDMENT DELETING SPECIAL
INCOME TAX TREATMENT OF BENEFITS NO LONGER RE-
QUIRED BY REASON OF REPEAL.—Section 86(d)(1) of the
Internal Revenue Code of 1986 (relating to income tax
on social security benefits) is amended by striking the last
sentence.
(e) EFFECTIVE DATES.—
(1) The amendments made by subsections (a),
(b), and (c) shall apply with respect to benefits pay-
able for months after December 1994.
(2) The amendment made by subsection (d)
shall apply with respect to benefits received after
December 31, 1994, in taxable years ending after
such date.
SEC. 13009. MAXIMUM FAMILY BENEFITS IN GUARANTEE
CASES.
(a) IN GENERAL.—Section 203(a) of the Social Secu-
rity Act (42 U.S.C. 403(a)) is amended by adding at the
end the following new paragraph:
‘‘(10)(A) Subject to subparagraphs (B) and (C)—
‘‘(i) the total monthly benefits to which bene-
ficiaries may be entitled under sections 202 and 223
for a month on the basis of the wages and self-em-
ployment income of an individual whose primary in-
surance 
amount 
is 
computed 
under 
section
215(a)(2)(B)(i) shall equal the total monthly bene-
fits which were authorized by this section with re-
spect to such individual’s primary insurance amount
for the last month of his prior entitlement to disabil-
ity insurance benefits, increased for this purpose by
the general benefit increases and other increases
under section 215(i) that would have applied to such
total monthly benefits had the individual remained
entitled to disability insurance benefits until the
month in which he became entitled to old-age insur-
ance benefits or reentitled to disability insurance
benefits or died, and
‘‘(ii) the total monthly benefits to which bene-
ficiaries may be entitled under sections 202 and 223
for a month on the basis of the wages and self-em-
ployment income of an individual whose primary in-
surance 
amount 
is 
computed 
under 
section
215(a)(2)(C) shall equal the total monthly benefits
which were authorized by this section with respect to
such individual’s primary insurance amount for the
last month of his prior entitlement to disability in-
surance benefits.
‘‘(B) In any case in which—
‘‘(i) the total monthly benefits with respect to
such individual’s primary insurance amount for the
last month of his prior entitlement to disability in-
surance benefits was computed under paragraph (6),
and
‘‘(ii) the individual’s primary insurance amount
is computed under subparagraph (B)(i) or (C) of
section 215(a)(2) by reason of the individual’s enti-
tlement to old-age insurance benefits or death,
the total monthly benefits shall equal the total monthly
benefits that would have been authorized with respect to
the primary insurance amount for the last month of his
prior entitlement to disability insurance benefits if such
total monthly benefits had been computed without regard
to paragraph (6).
‘‘(C) This paragraph shall apply before the applica-
tion of paragraph (3)(A), and before the application of
section 203(a)(1) of this Act as in effect in December
1978.’’.
(b) CONFORMING AMENDMENT.—Section 203(a)(8)
of such Act (42 U.S.C. 403(a)(8)) is amended by striking
‘‘Subject to paragraph (7),’’ and inserting ‘‘Subject to
paragraph (7) and except as otherwise provided in para-
graph (10)(C),’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply for the purpose of determining the
total monthly benefits to which beneficiaries may be enti-
tled under sections 202 and 223 of the Social Security
Act based on the wages and self-employment income of
an individual who—
(1) becomes entitled to an old-age insurance
benefit under section 202(a) of such Act,
(2) becomes reentitled to a disability insurance
benefit under section 223 of such Act, or
(3) dies,
after October 1993.
SEC. 13010. AUTHORIZATION FOR DISCLOSURE BY THE SEC-
RETARY OF HEALTH AND HUMAN SERVICES
OF INFORMATION FOR PURPOSES OF PUBLIC
OR PRIVATE EPIDEMIOLOGICAL AND SIMI-
LAR RESEARCH.
(a) IN GENERAL.—Section 1106 of the Social Secu-
rity Act (42 U.S.C. 1306) is amended—
(1) by redesignating subsections (d) and (e) as
subsections (e) and (f), respectively;
(2) in subsection (f) (as so redesignated), by
striking ‘‘subsection (d)’’ and inserting ‘‘subsection
(e)’’; and
(3) by inserting after subsection (c) the follow-
ing new subsection:
‘‘(d) Notwithstanding any other provision of this sec-
tion, in any case in which—
‘‘(1) information regarding whether an individ-
ual is shown on the records of the Secretary as
being alive or deceased is requested from the Sec-
retary for purposes of epidemiological or similar re-
search which the Secretary finds may reasonably be
expected to contribute to a national health interest,
and
‘‘(2) the requester agrees to reimburse the Sec-
retary for providing such information and to comply
with limitations on safeguarding and rerelease or
redisclosure of such information as may be specified
by the Secretary,
the Secretary shall comply with such request, except to
the extent that compliance with such request would con-
stitute a violation of the terms of any contract entered
into under section 205(r).’’.
(b) AVAILABILITY OF INFORMATION RETURNS RE-
GARDING WAGES PAID EMPLOYEES.—Section 6103(l)(5)
of the Internal Revenue Code of 1986 (relating to disclo-
sure of returns and return information to the Department
of Health and Human Services for purposes other than
tax administration) is amended—
(1) by striking ‘‘for the purpose of’’ and insert-
ing ‘‘for the purpose of—’’;
(2) by striking ‘‘carrying out, in accordance
with an agreement’’ and inserting the following:
‘‘(A) carrying out, in accordance with an
agreement’’;
(3) by striking ‘‘program.’’ and inserting ‘‘pro-
gram; or’’; and
(4) by adding at the end the following new sub-
paragraph:
‘‘(B) providing information regarding the
mortality status of individuals for epidemiolog-
ical and similar research in accordance with
section 1106(d) of the Social Security Act.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to requests for infor-
mation made after the date of the enactment of this Act.
SEC. 13011. IMPROVEMENT AND CLARIFICATION OF PROVI-
SIONS PROHIBITING MISUSE OF SYMBOLS,
EMBLEMS, OR NAMES IN REFERENCE TO SO-
CIAL SECURITY PROGRAMS AND AGENCIES.
(a) PROHIBITION
OF UNAUTHORIZED REPRODUC-
TION, REPRINTING, OR DISTRIBUTION FOR FEE OF CER-
TAIN OFFICIAL PUBLICATIONS.—Section 1140(a) of the
Social Security Act (42 U.S.C. 1320b–10(a)) is amend-
ed—
(1) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(2) by inserting ‘‘(1)’’ after ‘‘(a)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) No person may, for a fee, reproduce, reprint,
or distribute any item consisting of a form, application,
or other publication of the Social Security Administration
unless such person has obtained specific, written author-
ization for such activity in accordance with regulations
which the Secretary shall prescribe.’’.
(b) ADDITION TO PROHIBITED WORDS, LETTERS,
SYMBOLS, AND EMBLEMS.—Paragraph (1) of section
1140(a) of such Act (as redesignated by subsection (a))
is further amended—
(1) in subparagraph (A) (as redesignated), by
striking ‘‘Administration’, the letters ‘SSA’ or
‘HCFA’,’’ and inserting ‘‘Administration’, ‘Depart-
ment of Health and Human Services’, ‘Health and
Human Services’, ‘Supplemental Security Income
Program’, or ‘Medicaid’, the letters ‘SSA’, ‘HCFA’,
‘DHHS’, ‘HHS’, or ‘SSI’,’’; and
(2) in subparagraph (B) (as redesignated), by
striking ‘‘Social Security Administration’’ each place
it appears and inserting ‘‘Social Security Adminis-
tration, Health Care Financing Administration, or
Department of Health and Human Services’’, and
by striking ‘‘or of the Health Care Financing Ad-
ministration’’.
(c) EXEMPTION
FOR USE
OF WORDS, LETTERS,
SYMBOLS, AND EMBLEMS OF STATE AND LOCAL GOV-
ERNMENT AGENCIES
BY SUCH AGENCIES.—Paragraph
(1) of section 1140(a) of such Act (as redesignated by sub-
section (a)) is further amended by adding at the end the
following new sentence: ‘‘The preceding provisions of this
subsection shall not apply with respect to the use by any
agency or instrumentality of a State or political subdivi-
sion of a State of any words or letters which identify an
agency or instrumentality of such State or of a political
subdivision of such State or the use by any such agency
or instrumentality of any symbol or emblem of an agency
or instrumentality of such State or a political subdivision
of such State.’’.
(d) INCLUSION OF REASONABLENESS STANDARD.—
Section 1140(a)(1) of such Act (as amended by the pre-
ceding provisions of this section) is further amended, in
the matter following subparagraph (B) (as redesignated),
by striking ‘‘convey’’ and inserting ‘‘convey, or in a man-
ner which reasonably could be interpreted or construed as
conveying,’’.
(e) 
INEFFECTIVENESS
OF
DISCLAIMERS.—Sub-
section (a) of section 1140 of such Act (as amended by
the preceding provisions of this section) is further amend-
ed by adding at the end the following new paragraph:
‘‘(3) Any determination of whether the use of one or
more words, letters, symbols, or emblems (or any combina-
tion or variation thereof) in connection with an item de-
scribed in paragraph (1) or the reproduction, reprinting,
or distribution of an item described in paragraph (2) is
a violation of this subsection shall be made without regard
to any inclusion in such item (or any so reproduced, re-
printed, or distributed copy thereof) of a disclaimer of af-
filiation with the United States Government or any par-
ticular agency or instrumentality thereof.’’.
(f) VIOLATIONS WITH RESPECT
TO INDIVIDUAL
ITEMS.—Section 1140(b)(1) of such Act (42 U.S.C.
1320b–10(b)(1)) is amended by adding at the end the fol-
lowing new sentence: ‘‘In the case of any items referred
to in subsection (a)(1) consisting of pieces of mail, each
such piece of mail which contains one or more words, let-
ters, symbols, or emblems in violation of subsection (a)
shall represent a separate violation. In the case of any
item referred to in subsection (a)(2), the reproduction, re-
printing, or distribution of such item shall be treated as
a separate violation with respect to each copy thereof so
reproduced, reprinted, or distributed.’’.
(g) ELIMINATION OF CAP ON AGGREGATE LIABILITY
AMOUNT.—
(1) REPEAL.—Paragraph (2) of section 1140(b)
of such Act (42 U.S.C. 1320b–10(b)(2)) is repealed.
(2) 
CONFORMING
AMENDMENTS.—Section
1140(b) of such Act is further amended—
(A) by striking ‘‘(1) Subject to paragraph
(2), the’’ and inserting ‘‘The’’;
(B) by redesignating subparagraphs (A)
and (B) as paragraphs (1) and (2), respectively;
and
(C) in paragraph (1) (as redesignated), by
striking ‘‘subparagraph (B)’’ and inserting
‘‘paragraph (2)’’.
(h) REMOVAL OF FORMAL DECLINATION REQUIRE-
MENT.—Section 1140(c)(1) of such Act (42 U.S.C.
1320b–10(c)(1)) is amended by inserting ‘‘and the first
sentence of subsection (c)’’ after ‘‘and (i)’’.
(i) PENALTIES RELATING TO SOCIAL SECURITY AD-
MINISTRATION DEPOSITED IN OASI TRUST FUND.—Sec-
tion 1140(c)(2) of such Act (42 U.S.C. 1320b–10(c)(2))
is amended in the second sentence by striking ‘‘United
States.’’ and inserting ‘‘United States, except that, to the
extent that such amounts are recovered under this section
as penalties imposed for misuse of words, letters, symbols,
or emblems relating to the Social Security Administration,
such amounts shall be deposited into the Federal Old-Age
and Survivor’s Insurance Trust Fund.’’.
(j) ENFORCEMENT.—Section 1140 of such Act (42
U.S.C. 1320b–10) is amended by adding at the end the
following new subsection:
‘‘(d) The preceding provisions of this section shall be
enforced through the Office of Inspector General of the
Department of Health and Human Services.’’.
(k) ANNUAL REPORTS.—Section 1140 of such Act
(as amended by the preceding provisions of this section)
is further amended by adding at the end the following new
subsection:
‘‘(e) The Secretary shall include in the annual report
submitted pursuant to section 704 a report on the oper-
ation of this section during the year covered by such an-
nual report. Such report shall specify—
‘‘(1) the number of complaints of violations of
this section received by the Social Security Adminis-
tration during the year,
‘‘(2) the number of cases in which a notice of
violation of this section was sent by the Social Secu-
rity Administration during the year requesting that
an individual cease activities in violation of this sec-
tion,
‘‘(3) the number of complaints of violations of
this section referred by the Social Security Adminis-
tration to the Inspector General in the Department
of Health and Human Services during the year,
‘‘(4) the number of investigations of violations
of this section undertaken by the Inspector General
during the year,
‘‘(5) the number of cases in which a demand
letter was sent during the year assessing a civil
money penalty under this section,
‘‘(6) the total amount of civil money penalties
assessed under this section during the year,
‘‘(7) the number of requests for hearings filed
during the year pursuant to subsection (c)(1) of this
section and section 1128A(c)(2),
‘‘(8) the disposition during such year of hear-
ings filed pursuant to sections 1140(c)(1) and
1128A(c)(2), and
‘‘(9) the total amount of civil money penalties
under this section deposited into the Federal Old-
Age and Survivors Insurance Trust Fund during the
year.’’.
(l) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to violations occurring
after the date of the enactment of this Act.
SEC. 13012. INCREASED PENALTIES FOR UNAUTHORIZED
DISCLOSURE OF SOCIAL SECURITY INFORMA-
TION.
(a) UNAUTHORIZED DISCLOSURE.—Section 1106(a)
of the Social Security Act (42 U.S.C. 1306(a)) is amend-
ed—
(1) by striking ‘‘misdemeanor’’ and inserting
‘‘felony’’;
(2) 
by 
striking 
‘‘$1,000’’ 
and 
inserting
‘‘$10,000 for each occurrence of a violation’’; and
(3) by striking ‘‘one year’’ and inserting ‘‘5
years’’.
(b) UNAUTHORIZED DISCLOSURE BY FRAUD.—Sec-
tion 1107(b) of such Act (42 U.S.C. 1307(b)) is amend-
ed—
(1) by inserting ‘‘social security account num-
ber,’’ after ‘‘information as to the’’;
(2) by striking ‘‘misdemeanor’’ and inserting
‘‘felony’’;
(3) 
by 
striking 
‘‘$1,000’’ 
and 
inserting
‘‘$10,000 for each occurrence of a violation’’; and
(4) by striking ‘‘one year’’ and inserting ‘‘5
years’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to violations occurring on or after
the date of the enactment of this Act.
SEC. 13013. SIMPLIFICATION OF EMPLOYMENT TAXES ON
DOMESTIC SERVICES.
(a) COORDINATION OF COLLECTION OF DOMESTIC
SERVICE EMPLOYMENT WITH COLLECTION OF INCOME
TAXES.—
(1) IN GENERAL.—Chapter 25 of the Internal
Revenue Code of 1986 (relating to general provi-
sions relating to employment taxes) is amended by
adding at the end thereof the following new section:
‘‘SEC. 3510. COORDINATION OF COLLECTION OF DOMESTIC
SERVICE EMPLOYMENT TAXES WITH COLLEC-
TION OF INCOME TAXES.
‘‘(a) GENERAL RULE.—Except as otherwise provided
in this section—
‘‘(1) returns with respect to domestic service
employment taxes shall be made on a calendar year
basis,
‘‘(2) any such return for any calendar year
shall be filed on or before the 15th day of the fourth
month following the close of the employer’s taxable
year which begins in such calendar year, and
‘‘(3) no requirement to make deposits (or to
pay installments under section 6157) shall apply
with respect to such taxes.
‘‘(b) DOMESTIC SERVICE EMPLOYMENT TAXES SUB-
JECT TO ESTIMATED TAX PROVISIONS.—
‘‘(1) IN GENERAL.—Solely for purposes of sec-
tion 6654, domestic service employment taxes im-
posed with respect to any calendar year shall be
treated as a tax imposed by chapter 2 for the tax-
able year of the employer which begins in such cal-
endar year.
‘‘(2) ANNUALIZATION.—Under regulations pre-
scribed by the Secretary, appropriate adjustments
shall be made in the application of section
6654(d)(2) in respect of the amount treated as tax
under paragraph (1).
‘‘(3) TRANSITIONAL
RULE.—For purposes of
applying section 6654 to a taxable year beginning in
1993, the amount referred to in clause (ii) of section
6654(d)(1)(B) shall be increased by 90 percent of
the amount treated as tax under paragraph (1) for
such taxable year.
‘‘(c) DOMESTIC SERVICE EMPLOYMENT TAXES.—
For purposes of this section, the term ‘domestic service
employment taxes’ means—
‘‘(1) any taxes imposed by chapter 21 or 23 on
remuneration paid for domestic service in a private
home of the employer, and
‘‘(2) any amount withheld from such remunera-
tion pursuant to an agreement under section
3402(p).
For purposes of this subsection, the term ‘domestic service
in a private home of the employer’ does not include service
described in section 3121(g)(5).
‘‘(d) EXCEPTION WHERE EMPLOYER LIABLE FOR
OTHER EMPLOYMENT TAXES.—To the extent provided in
regulations prescribed by the Secretary, this section shall
not apply to any employer for any calendar year if such
employer is liable for any tax under this subtitle with re-
spect to remuneration for services other than domestic
service in a private home of the employer.
‘‘(e) GENERAL REGULATORY AUTHORITY.—The Sec-
retary shall prescribe such regulations as may be nec-
essary or appropriate to carry out the purposes of this
section. Such regulations may treat domestic service em-
ployment taxes as taxes imposed by chapter 1 for purposes
of coordinating the assessment and collection of such em-
ployment taxes with the assessment and collection of do-
mestic employers’ income taxes.
‘‘(f) AUTHORITY TO ENTER INTO AGREEMENTS TO
COLLECT STATE UNEMPLOYMENT TAXES.—
‘‘(1) IN
GENERAL.—The Secretary is hereby
authorized to enter into an agreement with any
State to collect, as the agent of such State, such
State’s unemployment taxes imposed on remunera-
tion paid for domestic service in a private home of
the employer. Any taxes to be collected by the Sec-
retary pursuant to such an agreement shall be treat-
ed as domestic service employment taxes for pur-
poses of this section.
‘‘(2) TRANSFERS
TO
STATE
ACCOUNT.—Any
amount collected under an agreement referred to in
paragraph (1) shall be transferred by the Secretary
to the account of the State in the Unemployment
Trust Fund.
‘‘(3) SUBTITLE
F
MADE
APPLICABLE.—For
purposes of subtitle F, any amount required to be
collected under an agreement under paragraph (1)
shall be treated as a tax imposed by chapter 23.
‘‘(4) STATE.—For purposes of this subsection,
the term ‘State’ has the meaning given such term by
section 3306(j)(1).’’
(2) CLERICAL AMENDMENT.—The table of sec-
tions for chapter 25 of such Code is amended by
adding at the end thereof the following:
‘‘Sec. 3510. Coordination of collection of domestic service employ-
ment taxes with collection of income taxes.’’
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to remuneration paid
in calendar years beginning after December 31,
1993.
(4) EXPANDED
INFORMATION
TO
EMPLOY-
ERS.—The Secretary of the Treasury or his delegate
shall prepare and make available information on the
Federal tax obligations of employers with respect to
employees performing domestic service in a private
home of the employer. Such information shall also
include a statement that such employers may have
obligations with respect to such employees under
State laws relating to unemployment insurance and
workers compensation.
(b) THRESHOLD REQUIREMENT FOR SOCIAL SECU-
RITY TAXES.—
(1) AMENDMENTS
OF
INTERNAL
REVENUE
CODE.—
(A) 
Subparagraph 
(B) 
of 
section
3121(a)(7) of the Internal Revenue Code of
1986 (defining wages) is amended to read as
follows:
‘‘(B) cash remuneration paid by an em-
ployer in any calendar year to an employee for
domestic service in a private home of the em-
ployer (within the meaning of subsection (y)), if
the cash remuneration paid in such year by the
employer to the employee for such service is less
than the applicable dollar threshold (as defined
in subsection (y)) for such year;’’.
(B) Section 3121 of such Code is amended
by adding at the end thereof the following new
subsection:
‘‘(y) DOMESTIC SERVICE IN A PRIVATE HOME.—For
purposes of subsection (a)(7)(B)—
‘‘(1) EXCLUSION
FOR
CERTAIN
FARM
SERV-
ICE.—The term ‘domestic service in a private home
of the employer’ does not include service described
in subsection (g)(5).
‘‘(2) APPLICABLE DOLLAR THRESHOLD.—The
term ‘applicable dollar threshold’ means $1,800. In
the case of calendar years after 1994, the Secretary
of Health and Human Services shall adjust such
$1,800 amount at the same time and in the same
manner as under section 215(a)(1)(B)(ii) of the So-
cial Security Act with respect to the amounts re-
ferred to in section 215(a)(1)(B)(i) of such Act, ex-
cept that, for purposes of this subparagraph, 1992
shall be substituted for the calendar year referred to
in section 215(a)(1)(B)(ii)(II) of such Act. If the
amount determined under the preceding sentence is
not a multiple of $50, such amount shall be rounded
to the nearest multiple of $50.’’
(C) The second sentence of section 3102(a)
of such Code is amended—
(i) by striking ‘‘calendar quarter’’
each place it appears and inserting ‘‘cal-
endar year’’, and
(ii) by striking ‘‘$50’’ and inserting
‘‘the applicable dollar threshold (as defined
in section 3121(y)(2)) for such year’’.
(2) AMENDMENT OF SOCIAL SECURITY ACT.—
Subparagraph (B) of section 209(a)(6) of the Social
Security Act (42 U.S.C. 409(a)(6)(B)) is amended
to read as follows:
‘‘(B) Cash remuneration paid by an employer in
any calendar year to an employee for domestic serv-
ice in a private home of the employer, if the cash re-
muneration paid in such year by the employer to the
employee for such service is less than the applicable
dollar threshold (as defined in section 3121(y)(2) of
the Internal Revenue Code of 1986) for such year.
As used in this subparagraph, the term ‘domestic
service in a private home of the employer’ does not
include service described in section 210(f)(5).’’
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to remuneration paid
in calendar years beginning after December 31,
1993.
(4) RELIEF
FROM
LIABILITY
FOR
CERTAIN
UNDERPAYMENT AMOUNTS.—
(A) IN GENERAL.—On and after the date
of the enactment of this Act, an underpayment
to which this paragraph applies (and any pen-
alty, addition to tax, and interest with respect
to such underpayment) shall not be assessed
(or, if assessed, shall not be collected).
(B) UNDERPAYMENTS
TO
WHICH
PARA-
GRAPH APPLIES.—This paragraph shall apply
to an underpayment to the extent of the
amount thereof which would not be an
underpayment if—
(i) the amendments made by para-
graph (1) had applied to all calendar years
after 1950 and before 1994, and
(ii) the applicable dollar threshold for
any such calendar year were the amount
determined under the following table:
In the case of
The applicable
calendar year:
dollar threshold is:
1951, 1952, or 1953 ..................................................... $
200
1954, 1955, 1956, or 1957 ...........................................
250
1958, 1959, 1960, 1961, or 1962 .................................
300
1963, 1964, 1965, or 1966 ...........................................
350
1967, 1968, 1969 ..........................................................
400
1970 ..............................................................................
450
1971, 1972, or 1973 .....................................................
500
1974 or 1975 ................................................................
600
1976 ..............................................................................
650
1977 ..............................................................................
700
1978 ..............................................................................
750
1979 ..............................................................................
800
1980 ..............................................................................
850
1981 ..............................................................................
900
1982 ..............................................................................
1,000
1983 ..............................................................................
1,100
1984 ..............................................................................
1,200
1985 ..............................................................................
1,250
1986 ..............................................................................
1,300
1987 ..............................................................................
1,350
1988 ..............................................................................
1,400
1989 ..............................................................................
1,500
1990 ..............................................................................
1,550
1991 ..............................................................................
1,600
1992 ..............................................................................
1,700
1993 ..............................................................................
1,750
SEC. 13014. INCREASE IN AUTHORIZED PERIOD FOR EXTEN-
SION OF TIME TO FILE ANNUAL EARNINGS
REPORT.
(a) IN GENERAL.—Section 203(h)(1)(A) of the Social
Security Act (42 U.S.C. 403(h)(1)(A)) is amended in the
last sentence by striking ‘‘three months’’ and inserting
‘‘four months’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to reports of earn-
ings for taxable years ending on or after December 31,
1993.
SEC. 13015. ALLOCATIONS TO FEDERAL DISABILITY INSUR-
ANCE TRUST FUND.
(a) ALLOCATION WITH RESPECT TO WAGES.—Sec-
tion 201(b)(1) of the Social Security Act (42 U.S.C.
401(b)(1)) is amended to read as follows:
‘‘(1) 1.75 percent of the wages (as defined in
section 3121 of the Internal Revenue Code of 1986)
paid after December 31, 1992, and reported to the
Secretary of the Treasury or his delegate pursuant
to subtitle F of the Internal Revenue Code of 1986,
which wages shall be certified by the Secretary of
Health and Human Services on the basis of the
records of wages established and maintained by such
Secretary in accordance with such reports; and’’.
(b) ALLOCATION WITH RESPECT TO SELF-EMPLOY-
MENT INCOME.—Section 201(b)(2) of such Act (42 U.S.C.
401(b)(2)) is amended to read as follows:
‘‘(2) 1.75 percent of the self-employment in-
come (as defined in section 1402 of the Internal
Revenue Code of 1986) reported to the Secretary of
the Treasury or his delegate on tax returns under
subtitle F of the Internal Revenue Code of 1986 for
any taxable year beginning after December 31,
1992, which self-employment income shall be cer-
tified by the Secretary of Health and Human Serv-
ices on the basis of the records of self-employment
income established and maintained by the Secretary
of Health and Human Services in accordance with
such returns.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to wages paid after
December 31, 1992, and self-employment income for tax-
able years beginning after such date.
(d) STUDY ON RISING COSTS OF DISABILITY BENE-
FITS.—
(1) IN GENERAL.—As soon as practicable after
the date of the enactment of this Act, the Secretary
of Health and Human Services shall conduct a com-
prehensive study of the reasons for rising costs pay-
able from the Federal Disability Insurance Trust
Fund.
(2) MATTERS TO BE INCLUDED IN STUDY.—In
conducting the study under this subsection, the Sec-
retary shall—
(A) determine the relative importance of
the following factors in increasing the costs
payable from the Trust Fund:
(i) increased numbers of applications
for benefits;
(ii) higher rates of benefit allowances;
and
(iii) decreased rates of benefit termi-
nations; and
(B) identify, to the extent possible, under-
lying 
social, 
economic, 
demographic, 
pro-
grammatic, and other trends responsible for
changes in disability benefit applications, allow-
ances, and terminations.
(3) REPORT.—Not later than December 31,
1995, the Secretary shall transmit a report to the
Committee on Ways and Means of the House of
Representatives and the Committee on Finance of
the Senate setting forth the results of the study con-
ducted under this subsection, together with any rec-
ommendations for legislative changes which the Sec-
retary determines appropriate.
SEC. 13016. EXTENSION OF DISABILITY INSURANCE PRO-
GRAM DEMONSTRATION PROJECT AUTHOR-
ITY.
(a) IN GENERAL.—Section 505 of the Social Security
Disability Amendments of 1980 (Public Law 96–265), as
amended by section 12101 of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (Public Law 99–272),
section 10103 of the Omnibus Budget Reconciliation Act
of 1989 (Public Law 101–239), and section 5120 of the
Omnibus Budget Reconciliation Act of 1990 (Public Law
101–508) is further amended—
(1) in paragraph (3) of subsection (a), by strik-
ing ‘‘June 10, 1993’’ and inserting ‘‘June 10,
1996’’;
(2) in paragraph (4) of subsection (a), by strik-
ing ‘‘1992’’ and inserting ‘‘1995’’; and
(3) in subsection (c), by striking ‘‘October 1,
1993’’ and inserting ‘‘June 9, 1996’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 13017. TECHNICAL AND CLERICAL AMENDMENTS.
(a) AMENDMENTS TO TITLE II OF THE SOCIAL SE-
CURITY ACT.—
(1) Section 201(a) of the Social Security Act
(42 U.S.C. 401(a)) is amended, in the matter follow-
ing clause (4), by striking ‘‘and and’’ and inserting
‘‘and’’.
(2) Section 202(d)(8)(D)(ii) of such Act (42
U.S.C. 402(d)(8)(D)(ii)) is amended by adding a pe-
riod at the end and by adjusting the left hand
margination thereof so as to align with section
202(d)(8)(D)(i) of such Act.
(3) Section 202(q)(1)(A) of such Act (42
U.S.C. 402(q)(1)(A)) is amended by striking the
dash at the end.
(4) Section 202(q)(9) of such Act (42 U.S.C.
402(q)(9)) is amended, in the matter preceding sub-
paragraph (A), by striking ‘‘parargaph’’ and insert-
ing ‘‘paragraph’’.
(5) Section 202(t)(4)(D) of such Act (42
U.S.C. 402(t)(4)(D)) is amended by inserting ‘‘if
the’’ before ‘‘Secretary’’ the second and third places
it appears.
(6) Clauses (i) and (ii) of section 203(f)(5)(C)
of such Act (42 U.S.C. 403(f)(5)(C)) are amended
by adjusting the left-hand margination thereof so as
to align with clauses (i) and (ii) of section
203(f)(5)(B) of such Act.
(7) Paragraph (3)(A) and paragraph (3)(B) of
section 205(b) of such Act (42 U.S.C. 405(b)) are
amended by adjusting the left-hand margination
thereof so as to align with the matter following sec-
tion 205(b)(2)(C) of such Act.
(8) Section 205(c)(2)(B)(iii) of such Act (42
U.S.C. 405(c)(2)(B)(iii)) is amended by striking
‘‘non-public’’ and inserting ‘‘nonpublic’’.
(9) Section 205(c)(2)(C) of such Act (42 U.S.C.
405(c)(2)(C)) is amended—
(A) by striking the clause (vii) added by
section 2201(c) of Public Law 101–624; and
(B) by redesignating the clause (iii) added
by section 2201(b)(3) of Public Law 101–624,
clause (iv), clause (v), clause (vi), and the
clause (vii) added by section 1735(b) of Public
Law 101–624 as clause (iv), clause (v), clause
(vi), clause (vii), and clause (viii), respectively;
(C) in clause (v) (as redesignated), by
striking ‘‘subclause (I) of’’, and by striking
‘‘subclause (II) of clause (i)’’ and inserting
‘‘clause (ii)’’; and
(D) in clause (viii)(IV) (as redesignated),
by inserting ‘‘a social security account number
or’’ before ‘‘a request for’’.
(10) The heading for section 205(j) of such Act
(42 U.S.C. 405(j)) is amended to read as follows:
‘‘Representative Payees’’.
(11) The heading for section 205(s) of such Act
(42 U.S.C. 405(s)) is amended to read as follows:
‘‘Notice Requirements’’.
(12) Section 208(c) of such Act (42 U.S.C.
408(c)) is amended by striking ‘‘subsection (g)’’ and
inserting ‘‘subsection (a)(7)’’.
(13) Section 210(a)(5)(B)(i)(V) of such Act (42
U.S.C. 410(a)(5)(B)(i)(V)) is amended by striking
‘‘section 
105(e)(2)’’ 
and 
inserting 
‘‘section
104(e)(2)’’.
(14) Section 211(a) of such Act (42 U.S.C.
411(a)) is amended—
(A) in paragraph (13), by striking ‘‘and’’
at the end; and
(B) in paragraph (14), by striking the pe-
riod and inserting ‘‘; and’’.
(15) Section 213(c) of such Act (42 U.S.C.
413(c)) is amended by striking ‘‘section’’ the first
place it appears and inserting ‘‘sections’’.
(16) Section 215(a)(5)(B)(i) of such Act (42
U.S.C. 415(a)(5)(B)(i)) is amended by striking
‘‘subsection’’ the second place it appears and insert-
ing ‘‘subsections’’.
(17) Section 215(f)(7) of such Act (42 U.S.C.
415(f)(7)) is amended by inserting a period after
‘‘1990’’.
(18) Subparagraph (F) of section 218(c)(6) of
such Act (42 U.S.C. 418(c)(6)) is amended by ad-
justing the left-hand margination thereof so as to
align with section 218(c)(6)(E) of such Act.
(19) Section 223(i) of such Act (42 U.S.C.
423(i)) is amended by adding at the beginning the
following heading:
‘‘Limitation on Payments to Prisoners’’.
(b) RELATED AMENDMENTS.—
(1) Section 603(b)(5)(A) of Public Law 101–
649 (amending section 202(n)(1) of the Social Secu-
rity Act) (104 Stat. 5085) is amended by inserting
‘‘under’’ before ‘‘paragraph (1),’’ and by striking
‘‘(17), or (18)’’ and inserting ‘‘(17), (18), or (19)’’,
effective as if this paragraph were included in such
section 603(b)(5)(A).
(2) Section 10208(b)(1) of Public Law 101–
239 (amending section 230(b)(2)(A) of the Social
Security Act) (103 Stat. 2477) is amended by strik-
ing ‘‘230(b)(2)(A)’’ and ‘‘430(b)(2)(A)’’ and insert-
ing ‘‘230(b)(2)’’ and ‘‘430(b)(2)’’, respectively, effec-
tive as if this paragraph were included in such sec-
tion 10208(b)(1).
(c) CONFORMING, CLERICAL AMENDMENTS UPDAT-
ING, WITHOUT SUBSTANTIVE CHANGE, REFERENCES IN
TITLE II OF THE SOCIAL SECURITY ACT TO THE INTER-
NAL REVENUE CODE.—
(1)(A) Section 201(a) of such Act (42 U.S.C.
401(a)) is amended—
(i) by striking clauses (1) and (2);
(ii) in clause (3), by striking ‘‘(3) the taxes
imposed’’ and all that follows through ‘‘Decem-
ber 31, 1954,’’ and inserting ‘‘(1) the taxes im-
posed by chapter 21 (other than sections
3101(b) and 3111(b)) of the Internal Revenue
Code of 1986 with respect to wages (as defined
in section 3121 of such Code) reported to the
Secretary of the Treasury or his delegate pur-
suant to subtitle F of such Code,’’, and by
striking ‘‘subchapter or’’;
(iii) in clause (4), by striking ‘‘(4) the
taxes imposed’’ and all that follows through
‘‘such Code,’’ and inserting ‘‘(2) the taxes im-
posed by chapter 2 (other than section 1401(b))
of the Internal Revenue Code of 1986 with re-
spect to self-employment income (as defined in
section 1402 of such Code) reported to the Sec-
retary of the Treasury or his delegate on tax re-
turns under subtitle F of such Code,’’, and by
striking ‘‘subchapter or chapter’’ and inserting
‘‘chapter’’; and
(iv) in the matter following the clauses
amended by this subparagraph, by striking
‘‘clauses (3) and (4)’’ each place it appears and
inserting ‘‘clauses (1) and (2)’’.
(B) The amendments made by subparagraph
(A) shall apply only with respect to taxes imposed
with respect to wages paid on or after January 1,
1993, or with respect to self-employment income for
taxable years beginning on or after such date.
(2)(A)(i) Section 201(g)(1) of such Act (42
U.S.C. 401(g)(1)) is amended—
(I) in subparagraph (A)(i), by striking
‘‘and subchapter E’’ and all that follows
through ‘‘1954’’ and inserting ‘‘and chapters 2
and 21 of the Internal Revenue Code of 1986’’;
(II) in subparagraph (A)(ii), by striking
‘‘1954’’ and inserting ‘‘1986’’;
(III) in the matter in subparagraph (A)
following clause (ii), by striking ‘‘subchapter E’’
and all that follows through ‘‘1954.’’ and in-
serting ‘‘chapters 2 and 21 of the Internal Rev-
enue Code of 1986.’’, and by striking ‘‘1954
other’’ and inserting ‘‘1986 other’’; and
(IV) in subparagraph (B), by striking
‘‘1954’’ each place it appears and inserting
‘‘1986’’.
(ii) The amendments made by clause (i) shall
apply only with respect to periods beginning on or
after the date of the enactment of this Act.
(B)(i) Section 201(g)(2) of such Act (42 U.S.C.
401(g)(2)) is amended by striking ‘‘section 3101(a)’’
and all that follows through ‘‘1950.’’ and inserting
‘‘section 3101(a) of the Internal Revenue Code of
1986 which are subject to refund under section
6413(c) of such Code with respect to wages (as de-
fined in section 3121 of such Code).’’, and by strik-
ing ‘‘wages reported’’ and all that follows through
‘‘1954,’’ and inserting ‘‘wages reported to the Sec-
retary of the Treasury or his delegate pursuant to
subtitle F of such Code,’’.
(ii) The amendments made by clause (i) shall
apply only with respect to wages paid on or after
January 1, 1993.
(C) Section 201(g)(4) of such Act (42 U.S.C.
401(g)(4)) is amended—
(i) by striking ‘‘The Board of Trustees
shall prescribe before January 1, 1981, the
method’’ and inserting ‘‘If at any time or times
the Boards of Trustees of such Trust Funds
deem such action advisable, they may modify
the method prescribed by such Boards’’;
(ii) by striking ‘‘1954’’ and inserting
‘‘1986’’; and
(iii) by striking the last sentence.
(3) Section 202(v) of such Act (42 U.S.C.
402(v)) is amended—
(A) in paragraph (1), by striking ‘‘1954’’
and inserting ‘‘1986’’; and
(B) in paragraph (3)(A), by inserting ‘‘of
the Internal Revenue Code of 1986’’ after
‘‘3127’’.
(4) Section 205(c)(5)(F)(i) of such Act (42
U.S.C. 405(c)(5)(F)(i)) is amended by inserting ‘‘or
the Internal Revenue Code of 1986’’ after ‘‘1954’’.
(5)(A) Section 208(a)(1) of such Act (42
U.S.C. 408(a)(1)) is amended—
(i) in the matter preceding subparagraph
(A), by striking ‘‘subchapter E’’ and all that
follows through ‘‘1954’’ and inserting ‘‘chapter
2 or 21 or subtitle F of the Internal Revenue
Code of 1986’’;
(ii) in subparagraph (A), by inserting ‘‘of
1986’’ after ‘‘Internal Revenue Code’’; and
(iii) in subparagraph (B), by inserting ‘‘of
1986’’ after ‘‘Internal Revenue Code’’.
(B) The amendments made by subparagraph
(A) shall apply only with respect to violations occur-
ring on or after the date of the enactment of this
Act.
(6)(A) Section 209(a)(4)(A) of such Act (42
U.S.C. 409(a)(4)(A)) is amended by inserting ‘‘or
the Internal Revenue Code of 1986’’ after ‘‘Internal
Revenue Code of 1954’’.
(B) Section 209(a) of such Act (42 U.S.C.
409(a)) is amended—
(i) in subparagraphs (C) and (E) of para-
graph (4),
(ii) in paragraph (5)(A),
(iii) in subparagraphs (A) and (B) of para-
graph (14),
(iv) in paragraph (15),
(v) in paragraph (16), and
(vi) in paragraph (17),
by striking ‘‘1954’’ each place it appears and insert-
ing ‘‘1986’’.
(C) Subsections (b), (f), (g), (i)(1), and (j) of
section 209 of such Act (42 U.S.C. 409) are amend-
ed by striking ‘‘1954’’ each place it appears and in-
serting ‘‘1986’’.
(7) Section 211(a)(15) of such Act (42 U.S.C.
411(a)(15)) is amended by inserting ‘‘of the Internal
Revenue Code of 1986’’ after ‘‘section 162(m)’’.
(8) Title II of such Act is further amended—
(A) in subsections (f)(5)(B)(ii) and (k) of
section 203 (42 U.S.C. 403),
(B) in section 205(c)(1)(D)(i) (42 U.S.C.
405(c)(1)(D)(i)),
(C) in the matter in section 210(a) (42
U.S.C. 410(a)) preceding paragraph (1) and in
paragraphs (8), (9), and (10) of section 210(a),
(D) in subsections (p)(4) and (q) of section
210 (42 U.S.C. 410),
(E) in the matter in section 211(a) (42
U.S.C. 411(a)) preceding paragraph (1) and in
paragraphs (3), (4), (6), (10), (11), and (12)
and clauses (iii) and (iv) of section 211(a),
(F) in the matter in section 211(c) (42
U.S.C. 411(c)) preceding paragraph (1), in
paragraphs (3) and (6) of section 211(c), and
in the matter following paragraph (6) of section
211(c),
(G) in subsections (d), (e), and (h)(1)(B)
of section 211 (42 U.S.C. 411),
(H) in section 216(j) (42 U.S.C. 416(j)),
(I) in section 218(e)(3) (42 U.S.C.
418(e)(3)),
(J) in section 229(b) (42 U.S.C. 429(b)),
(K) in section 230(c) (42 U.S.C. 430(c)),
and
(L) in section 232 (42 U.S.C. 432),
by striking ‘‘1954’’ each place it appears and insert-
ing ‘‘1986’’.
(d) RULES OF CONSTRUCTION.—
(1) The preceding provisions of this section
shall be construed only as technical and clerical cor-
rections and as reflecting the original intent of the
provisions amended thereby.
(2) Any reference in title II of the Social Secu-
rity Act to the Internal Revenue Code of 1986 shall
be construed to include a reference to the Internal
Revenue Code of 1954 to the extent necessary to
carry out the provisions of paragraph (1).
(e) UTILIZATION
OF NATIONAL AVERAGE WAGE
INDEX FOR WAGE-BASED ADJUSTMENTS.—
(1) DEFINITION OF NATIONAL AVERAGE WAGE
INDEX.—Section 209(k) of the Social Security Act
(42 U.S.C. 409(k)) is amended—
(A) by redesignating paragraph (2) as
paragraph (3);
(B) in paragraph (3) (as redesignated), by
striking ‘‘paragraph (1)’’ and inserting ‘‘this
subsection’’; and
(C) by striking paragraph (1) and insert-
ing the following new paragraphs:
‘‘(k)(1) For purposes of sections 203(f)(8)(B)(ii),
213(d)(2)(B), 
215(a)(1)(B)(ii), 
215(a)(1)(C)(ii),
215(a)(1)(D), 
215(b)(3)(A)(ii), 
215(i)(1)(E),
215(i)(2)(C)(ii), 
224(f)(2)(B), 
and 
230(b)(2) 
(and
230(b)(2) as in effect immediately prior to the enactment
of the Social Security Amendments of 1977), the term ‘na-
tional average wage index’ for any particular calendar year
means, subject to regulations of the Secretary under para-
graph (2), the average of the total wages for such particu-
lar calendar year.
‘‘(2) The Secretary shall prescribe regulations under
which the national average wage index for any calendar
year shall be computed—
‘‘(A) on the basis of amounts reported to the
Secretary of the Treasury or his delegate for such
year,
‘‘(B) by disregarding the limitation on wages
specified in subsection (a)(1),
‘‘(C) with respect to calendar years after 1990,
by incorporating deferred compensation amounts
and factoring in for such years the rate of change
from year to year in such amounts, in a manner
consistent with the requirements of section 10208 of
the Omnibus Budget Reconciliation Act of 1989,
and
‘‘(D) with respect to calendar years before
1978, in a manner consistent with the manner in
which the average of the total wages for each of
such calendar years was determined as provided by
applicable law as in effect for such years.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 203(f)(8)(B)(ii) of such Act
(42 U.S.C. 403(f)(8)(B)(ii)) is amended by
striking ‘‘deemed average total wages’’ each
place it appears and inserting ‘‘national average
wage index’’.
(B) Section 213(d)(2)(B) of such Act (42
U.S.C. 413(d)(2)(B)) is amended by striking
‘‘deemed average total wages’’ and inserting
‘‘national average wage index’’, and by striking
‘‘the average of the total wages’’ and all that
follows and inserting ‘‘the national average
wage index (as so defined) for 1976,’’.
(C) Section 215(a)(1)(B)(ii) of such Act
(42 U.S.C. 415(a)(1)(B)(ii)) is amended—
(i) in subclause (I), by striking
‘‘deemed average total wages’’ and insert-
ing ‘‘national average wage index’’; and
(ii) in subclause (II), by striking ‘‘the
average of the total wages’’ and all that
follows and inserting ‘‘the national average
wage index (as so defined) for 1977.’’.
(D) Section 215(a)(1)(C)(ii) of such Act
(42 U.S.C. 415(a)(1)(C)(ii)) is amended by
striking ‘‘deemed average total wages’’ and in-
serting ‘‘national average wage index’’.
(E) Section 215(a)(1)(D) of such Act (42
U.S.C. 415(a)(1)(D)) is amended—
(i) by striking ‘‘after 1978’’;
(ii) by striking ‘‘and the average of
the total wages (as described in subpara-
graph (B)(ii)(I))’’ and inserting ‘‘and the
national average wage index (as defined in
section 209(k)(1))’’; and
(iii) by striking the last sentence.
(F) Section 215(b)(3)(A)(ii) of such Act
(42 U.S.C. 415(b)(3)(A)(ii)) is amended by
striking ‘‘deemed average total wages’’ each
place it appears and inserting ‘‘national average
wage index’’.
(G) Section 215(i)(1) of such Act (42
U.S.C. 415(i)(1)) is amended—
(i) in subparagraph (E), by striking
‘‘SSA average wage index’’ and inserting
‘‘national average wage index (as defined
in section 209(k)(1))’’; and
(ii) by striking subparagraph (G) and
redesignating subparagraph (H) as sub-
paragraph (G).
(H) Section 215(i)(2)(C)(ii) of such Act
(42 U.S.C. 415(i)(1)(C)(ii)) is amended to read
as follows:
‘‘(ii) The Secretary shall determine and promulgate
the OASDI fund ratio for the current calendar year on
or before November 1 of the current calendar year, based
upon the most recent data then available. The Secretary
shall include a statement of the fund ratio and the na-
tional average wage index (as defined in section 209(k)(1))
and a statement of the effect such ratio and the level of
such index may have upon benefit increases under this
subsection in any notification made under clause (i) and
any determination published under subparagraph (D).’’.
(I) Section 224(f)(2) of such Act (42
U.S.C. 424a(f)(2)) is amended—
(i) in subparagraph (A), by adding
‘‘and’’ at the end;
(ii) by striking subparagraph (C); and
(iii) by striking subparagraph (B) and
inserting the following:
‘‘(B) the ratio of (i) the national average wage
index (as defined in section 209(k)(1)) for the cal-
endar year before the year in which such redeter-
mination is made to (ii) the national average wage
index (as so defined) for the calendar year before
the year in which the reduction was first computed
(but not counting any reduction made in benefits for
a previous period of disability).’’.
(J) Section 230(b)(2) of such Act (42
U.S.C. 430(b)(2)) is amended by striking
‘‘deemed average total wages’’ each place it ap-
pears and inserting ‘‘national average wage
index’’.
(K) Section 230(d) of such Act (42 U.S.C.
430(d)) is amended by striking ‘‘deemed aver-
age total wage’’ and inserting ‘‘national average
wage index’’.
SEC. 13018. CROSS-MATCHING OF SOCIAL SECURITY AC-
COUNT NUMBER INFORMATION AND EM-
PLOYER IDENTIFICATION NUMBER INFORMA-
TION MAINTAINED BY THE DEPARTMENT OF
AGRICULTURE.
(a) SOCIAL SECURITY ACCOUNT NUMBER INFORMA-
TION.—Clause (iii) of section 205(c)(2)(C) of the Social
Security Act (42 U.S.C. 405(c)(2)(C)) (as added by sec-
tion 1735(a)(3) of the Food, Agriculture, Conservation,
and Trade Act of 1990 (Public Law 101–624; 104 Stat.
3791)) is amended—
(1) by inserting ‘‘(I)’’ after ‘‘(iii)’’; and
(2) by striking ‘‘The Secretary of Agriculture
shall restrict’’ and all that follows and inserting the
following:
‘‘(II) The Secretary of Agriculture may share any in-
formation contained in any list referred to in subclause
(I) with any other agency or instrumentality of the United
States which otherwise has access to social security ac-
count numbers in accordance with this subsection or other
applicable Federal law, except that the Secretary of Agri-
culture may share such information only to the extent that
such Secretary determines such sharing would assist in
verifying and matching such information against informa-
tion maintained by such other agency or instrumentality.
Any such information shared pursuant to this subclause
may be used by such other agency or instrumentality only
for the purpose of effective administration and enforce-
ment of the Food Stamp Act of 1977 or for the purpose
of investigation of violations of other Federal laws or en-
forcement of such laws.
‘‘(III) The Secretary of Agriculture, and the head of
any other agency or instrumentality referred to in this
subclause, shall restrict, to the satisfaction of the Sec-
retary of Health and Human Services, access to social se-
curity account numbers obtained pursuant to this clause
only to officers and employees of the United States whose
duties or responsibilities require access for the purposes
described in subclause (II).
‘‘(IV) The Secretary of Agriculture, and the head of
any agency or instrumentality with which information is
shared pursuant to clause (II), shall provide such other
safeguards as the Secretary of Health and Human Serv-
ices determines to be necessary or appropriate to protect
the confidentiality of the social security account num-
bers.’’.
(b) EMPLOYER IDENTIFICATION NUMBER INFORMA-
TION.—Subsection (f) of section 6109 of the Internal Rev-
enue Code of 1986 (as added by section 1735(c) of the
Food, Agriculture, Conservation, and Trade Act of 1990
(Public Law 101–624; 104 Stat. 3792)) (relating to access
to employer identification numbers by Secretary of Agri-
culture for purposes of Food Stamp Act of 1977) is
amended—
(1) by striking paragraph (2) and inserting the
following:
‘‘(2) SHARING
OF INFORMATION
AND SAFE-
GUARDS.—
‘‘(A) SHARING
OF
INFORMATION.—The
Secretary of Agriculture may share any infor-
mation contained in any list referred to in para-
graph (1) with any other agency or instrumen-
tality of the United States which otherwise has
access to employer identification numbers in ac-
cordance with this section or other applicable
Federal law, except that the Secretary of Agri-
culture may share such information only to the
extent that such Secretary determines such
sharing would assist in verifying and matching
such information against information main-
tained by such other agency or instrumentality.
Any such information shared pursuant to this
subparagraph may be used by such other agen-
cy or instrumentality only for the purpose of ef-
fective administration and enforcement of the
Food Stamp Act of 1977 or for the purpose of
investigation of violations of other Federal laws
or enforcement of such laws.
‘‘(B) SAFEGUARDS.—The Secretary of Ag-
riculture, and the head of any other agency or
instrumentality referred to in subparagraph
(A), shall restrict, to the satisfaction of the Sec-
retary of the Treasury, access to employer iden-
tification numbers obtained pursuant to this
subsection only to officers and employees of the
United States whose duties or responsibilities
require access for the purposes described in
subparagraph (A). The Secretary of Agri-
culture, and the head of any agency or instru-
mentality with which information is shared pur-
suant to subparagraph (A), shall provide such
other safeguards as the Secretary of the Treas-
ury determines to be necessary or appropriate
to protect the confidentiality of the employer
identification numbers.’’;
(2) in paragraph (3), by striking ‘‘by the Sec-
retary of Agriculture pursuant to this subsection’’
and inserting ‘‘pursuant to this subsection by the
Secretary of Agriculture or the head of any agency
or instrumentality with which information is shared
pursuant to paragraph (2)’’, and by striking ‘‘social
security account numbers’’ and inserting ‘‘employer
identification numbers’’; and
(3) in paragraph (4), by striking ‘‘by the Sec-
retary of Agriculture pursuant to this subsection’’
and inserting ‘‘pursuant to this subsection by the
Secretary of Agriculture or any agency or instru-
mentality with which information is shared pursuant
to paragraph (2)’’.
SEC. 13019. PROHIBITION OF MISUSE OF DEPARTMENT OF
THE TREASURY NAMES, SYMBOLS, ETC.
(a) GENERAL RULE.—Subchapter II of chapter 3 of
title 31, United States Code, is amended by adding at the
end thereof the following new section:
‘‘§ 333. Prohibition of misuse of Department of the
Treasury names, symbols, etc.
‘‘(a) GENERAL RULE.—No person may use, in con-
nection with, or as a part of, any advertisement, solicita-
tion, business activity, or product, whether alone or with
other words, letters, symbols, or emblems—
‘‘(1) the words ‘Department of the Treasury’,
or the name of any service, bureau, office, or other
subdivision of the Department of the Treasury,
‘‘(2) the titles ‘Secretary of the Treasury’ or
‘Treasurer of the United States’ or the title of any
other officer or employee of the Department of the
Treasury,
‘‘(3) the abbreviations or initials of any entity
referred to in paragraph (1),
‘‘(4) the words ‘United States Savings Bond’ or
the name of any other obligation issued by the De-
partment of the Treasury,
‘‘(5) any symbol or emblem of an entity re-
ferred to in paragraph (1) (including the design of
any envelope or stationary used by such an entity),
and
‘‘(6) any colorable imitation of any such words,
titles, abbreviations, initials, symbols, or emblems,
in a manner which could reasonably be interpreted or con-
strued as conveying the false impression that such adver-
tisement, solicitation, business activity, or product is in
any manner approved, endorsed, sponsored, or authorized
by, or associated with, the Department of the Treasury
or any entity referred to in paragraph (1) or any officer
or employee thereof.
‘‘(b) TREATMENT
OF DISCLAIMERS.—Any deter-
mination of whether a person has violated the provisions
of subsection (a) shall be made without regard to any use
of a disclaimer of affiliation with the United States Gov-
ernment or any particular agency or instrumentality there-
of.
‘‘(c) CIVIL PENALTY.—
‘‘(1) IN
GENERAL.—The Secretary of the
Treasury may impose a civil penalty on any person
who violates the provisions of subsection (a).
‘‘(2) AMOUNT OF PENALTY.—The amount of
the civil penalty imposed by paragraph (1) shall not
exceed $5,000 for each use of any material in viola-
tion of subsection (a). If such use is in a broadcast
or telecast, the preceding sentence shall be applied
by substituting ‘$25,000’ for ‘$5,000’.
‘‘(3) TIME LIMITATIONS.—
‘‘(A) ASSESSMENTS.—The Secretary of the
Treasury may assess any civil penalty under
paragraph (1) at any time before the end of the
3-year period beginning on the date of the vio-
lation with respect to which such penalty is im-
posed.
‘‘(B) CIVIL ACTION.—The Secretary of the
Treasury may commence a civil action to re-
this subsection with respect to any violation if a civil
penalty has previously been assessed under sub-
section (c) with respect to such violation.’’
(b) CLERICAL AMENDMENT.—The analysis for chap-
ter 3 of title 31, United States Code, is amended by add-
ing after the item relating to section 332 the following
new item:
‘‘333. Prohibition of misuse of Department of the Treasury names, symbols,
etc.’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
(d) REPORT.—Not later than May 1, 1995, the Sec-
retary of the Treasury shall submit a report to the Com-
mittee on Ways and Means of the House of Representa-
tives and the Committee on Finance of the Senate on the
implementation of the amendments made by this section.
Such report shall include the number of cases in which
the Secretary has notified persons of violations of section
333 of title 31, United States Code (as added by sub-
section (a)), the number of prosecutions commenced under
such section, and the total amount of the penalties col-
lected in such prosecutions.
SEC. 13020. AVAILABILITY AND USE OF DEATH INFORMA-
TION UNDER THE OLD-AGE, SURVIVORS, AND
DISABILITY INSURANCE PROGRAM.
(a) IMPROVEMENTS
IN PROGRAM
FOR USE
OF
DEATH CERTIFICATES TO CORRECT PROGRAM INFORMA-
TION.—
(1) ELIMINATION OF STATE RESTRICTIONS ON
USE OF INFORMATION.—Section 205(r)(1) of the So-
cial Security Act (42 U.S.C. 405(r)(1)) is amended
by adding at the end, after and below subparagraph
(B), the following new sentence:
‘‘Any contract entered into pursuant to subparagraph (A)
shall not include any restriction on the use of information
obtained by the Secretary pursuant to such contract, ex-
cept to the extent that such use may be restricted under
paragraph (6).’’.
(2) INFORMATION PROVIDED TO STATE AGEN-
CIES FREE OF CHARGE.—
(A) IN
GENERAL.—Section 205(r)(4) of
such Act (42 U.S.C. 405(r)(4)) is amended to
read as follows:
‘‘(4)(A) In the case of individuals with respect to
whom federally funded benefits are provided by (or
through) a State agency other than under this Act, the
Secretary shall to the extent feasible provide such informa-
tion free of charge through a cooperative arrangement
with such agency, for ensuring proper payment of those
benefits with respect to such individuals, if such arrange-
ment does not conflict with the duties of the Secretary
under paragraph (1).
‘‘(B) The Secretary may enter into similar agree-
ments with States to provide information free of charge
for their use in programs wholly funded by the States if
such arrangement does not conflict with the duties of the
Secretary under paragraph (1).’’.
(B) CONFORMING
AMENDMENT.—Section
205(r)(3) of such Act (42 U.S.C. 405(r)(3)) is
amended by striking ‘‘or State’’.
(3) USE BY STATES OF SOCIAL SECURITY AC-
COUNT NUMBERS CONTINGENT UPON PARTICIPATION
IN PROGRAM.—Section 205(r)(2) of such Act (42
U.S.C. 405(r)(2)) is amended—
(A) by inserting ‘‘(A)’’ after ‘‘(2)’’; and
(B) by adding at the end the following new
subparagraph:
‘‘(B) Notwithstanding section 7(a)(2)(B) of the Pri-
vacy Act of 1974 and clauses (i) and (v) of subsection
(c)(2)(C) of this section, any State which is not a party
to a contract with the Secretary meeting the requirements
of paragraph (1) (and any political subdivision thereof)
may not utilize an individual’s social security account
number in the administration of any driver’s license or
motor vehicle registration law.’’.
(b) STUDY REGARDING IMPROVEMENTS IN GATHER-
ING AND REPORTING OF DEATH INFORMATION.
(1) IN GENERAL.—As soon as practicable after
the date of the enactment of this Act, the Secretary
of Health and Human Services shall conduct a study
of possible improvements in the current methods of
gathering and reporting death information by the
Federal, State, and local governments which would
result in more efficient and expeditious handling of
such information.
(2) SPECIFIC MATTERS TO BE STUDIED.—In
carrying out the study required under this sub-
section, the Secretary shall—
(A) ascertain the delays in the receipt of
death information which are currently encoun-
tered by the Social Security Administration and
other agencies in need of such information on
a regular basis,
(B) analyze the causes of such delays,
(C) develop alternative options for improv-
ing Federal, State, and local agency cooperation
in reducing such delays, and
(D) evaluate the costs and benefits associ-
ated with the options referred to in subpara-
graph (C).
(3) REPORT.—Not later than June 1, 1994, the
Secretary shall submit a written report to the Com-
mittee on Ways and Means of the House of Rep-
resentatives and the Committee on Finance of the
Senate setting forth the results of the study con-
ducted pursuant to this subsection, together with
such administrative and legislative recommendations
as the Secretary may consider appropriate.
(c) EFFECTIVE DATE.—
(1) IN GENERAL.—The amendments made by
subsection (a) shall take effect 1 year after the date
of the enactment of this Act.
(2) PROMOTION
OF
ENTRY
INTO
NEW
CON-
TRACTS.—As soon as practicable after the date of
the enactment of this Act, the Secretary of Health
and Human Services shall take such actions as are
necessary and appropriate to promote entry into
contracts under section 205(r) of the Social Security
Act which are in compliance with the requirements
of the amendments made by subsection (a).
Subtitle D—Customs and Trade
Provisions
SEC. 13601. CUSTOMS AND TRADE AGENCY AUTHORIZA-
TIONS FOR FISCAL YEARS 1994 AND 1995.
(a) UNITED STATES INTERNATIONAL TRADE COM-
MISSION.—Section 330(e)(2) of the Tariff Act of 1930 (19
U.S.C. 1330(e)(2)) is amended to read as follows:
‘‘(2)(A) There are authorized to be appropriated to
the Commission for necessary expenses (including the
rental of conference rooms in the District of Columbia and
elsewhere) not to exceed the following:
‘‘(i) $45,416,000 for fiscal year 1994.
‘‘(ii) $45,974,000 for fiscal year 1995.
‘‘(B) Not to exceed $2,500 of the amount authorized
to be appropriated for any fiscal year under subparagraph
(A) may be used, subject to the approval of the Chairman
of the Commission, for reception and entertainment ex-
penses.
‘‘(C) No part of any sum that is appropriated under
the authority of subparagraph (A) may be used by the
Commission in the making of any special study, investiga-
tion, or report that is requested by any agency of the exec-
utive branch unless that agency reimburses the Commis-
sion for the cost thereof.’’.
(b) UNITED STATES CUSTOMS SERVICE.—Section
301(b) of the Customs Procedural Reform and Simplifica-
tion Act of 1978 (19 U.S.C. 2075(b)) is amended to read
as follows:
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) FOR
NONCOMMERCIAL
OPERATIONS.—
There are authorized to be appropriated for the sala-
ries and expenses of the Customs Service that are
incurred in noncommercial operations not to exceed
the following:
‘‘(A) $540,783,000 for fiscal year 1994.
‘‘(B) $527,000,000 for fiscal year 1995.
‘‘(2) 
FOR
COMMERCIAL
OPERATIONS.—(A)
There are authorized to be appropriated for the sala-
ries and expenses of the Customs Service that are
incurred in commercial operations not less than the
following:
‘‘(i) $771,036,000 for fiscal year 1994.
‘‘(ii) $748,000,000 for fiscal year 1995.
‘‘(B) The monies authorized to be appropriated
under subparagraph (A) for any fiscal year, except
for such sums as may be necessary for the salaries
and expenses of the Customs Service that are in-
curred in connection with the processing of merchan-
dise that is exempt from the fees imposed under sec-
tion 13031(a) (9) and (10) of the Consolidated Om-
nibus Budget Reconciliation Act of 1985, shall be
appropriated from the Customs User Fee Account.
‘‘(3) FOR AIR AND MARINE INTERDICTION.—
There are authorized to be appropriated for the op-
eration (including salaries and expenses) and main-
tenance of the air and marine interdiction programs
of the Customs Service not to exceed the following:
‘‘(A) $95,156,000 for fiscal year 1994.
‘‘(B) $128,000,000 for fiscal year 1995.’’.
(c) OFFICE OF THE UNITED STATES TRADE REP-
RESENTATIVE.—Section 141(g)(1) of the Trade Act of
1974 (19 U.S.C. 2171(g)(1)) is amended to read as fol-
lows:
‘‘(g)(1)(A) There are authorized to be appropriated
to the Office for the purposes of carrying out its functions
not to exceed the following:
‘‘(i) $20,143,000 for fiscal year 1994.
‘‘(ii) $20,419,000 for fiscal year 1995.
‘‘(B) Of the amounts authorized to be appropriated
under subparagraph (A) for any fiscal year—
‘‘(i) not to exceed $98,000 may be used for en-
tertainment and representation expenses of the Of-
fice; and
‘‘(ii) not to exceed $2,500,000 shall remain
available until expended.’’.
SEC. 13602. EXTENSION OF AUTHORITY TO LEVY CUSTOMS
USER FEES.
Section 13031(j)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3))
is amended by striking out ‘‘1995’’ and inserting ‘‘1998’’.
SEC. 13603. GENERALIZED SYSTEM OF PREFERENCES.
(a) TREATMENT OF COUNTRIES FORMERLY WITHIN
THE UNION
OF SOVIET SOCIALIST REPUBLICS.—The
table in section 502(b) of the Trade Act of 1974 (19
U.S.C. 2462(b)) is amended by striking out ‘‘Union of So-
viet Socialist Republics’’.
(b) EXTENSION OF DUTY-FREE TREATMENT UNDER
SYSTEM.—
(1) IN GENERAL.—Section 505(a) of the Trade
Act of 1974 (19 U.S.C. 2465(a)) is amended by
striking out ‘‘July 4, 1993’’ and inserting ‘‘Septem-
ber 30, 1994’’.
(2) RETROACTIVE APPLICATION FOR CERTAIN
LIQUIDATIONS
AND
RELIQUIDATIONS.—Notwith-
standing section 514 of the Tariff Act of 1930 or
any other provision of law, upon proper request filed
with the appropriate customs officer within 180 days
after the date of the enactment of this Act, the
entry—
(A) of any article to which duty-free treat-
ment under title V of the Trade Act of 1974
would have applied if the entry had been made
on July 4, 1993, and
(B) that was made after July 4, 1993, and
before such date of enactment,
shall be liquidated or reliquidated as free of duty,
and the Secretary of the Treasury shall refund any
duty paid with respect to such entry. As used in this
paragraph, the term ‘‘entry’’ includes a withdrawal
from warehouse for consumption.
SEC. 13604. EXTENSION OF, AND AUTHORIZATION OF AP-
PROPRIATIONS FOR, THE WORKER TRADE
ADJUSTMENT ASSISTANCE PROGRAM.
(a) EXTENSION.—Section 285 of the Trade Act of
1974 (19 U.S.C. note preceding 2271) is amended—
(1) by striking out ‘‘No’’ and all that follows
thereafter down through ‘‘chapter 2, no’’ in sub-
section (b) and inserting ‘‘No’’; and
(2) by adding at the end the following new sub-
section:
‘‘(c) No assistance, vouchers, allowances, or other
payments may be provided under chapter 2 after Septem-
ber 30, 1996.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
245 of the Trade Act of 1974 (19 U.S.C. 2317) is amend-
ed by striking out ‘‘and 1993,’’ and inserting ‘‘1993,
1994, 1995, and 1996,’’.
SEC. 13605. EXTENSION OF URUGUAY ROUND TRADE
AGREEMENT NEGOTIATING AND PROCLAMA-
TION AUTHORITY AND OF ‘‘FAST TRACK’’ PRO-
CEDURES TO IMPLEMENTING LEGISLATION.
Section 1102 of the Omnibus Trade and Competitive-
ness Act of 1988 (19 U.S.C. 2902) is amended by insert-
ing at the end the following new subsection:
‘‘(e) SPECIAL PROVISIONS REGARDING URUGUAY
ROUND TRADE NEGOTIATIONS.—
‘‘(1) IN GENERAL.—Notwithstanding the time
limitations in subsections (a) and (b), if the Uru-
guay Round of multilateral trade negotiations under
the auspices of the General Agreement on Tariffs
and Trade has not resulted in trade agreements by
May 31, 1993, the President may, during the period
after May 31, 1993, and before April 16, 1994,
enter into, under subsections (a) and (b), trade
agreements resulting from such negotiations.
‘‘(2) APPLICATION OF TARIFF PROCLAMATION
AUTHORITY.—No proclamation under subsection (a)
to carry out the provisions regarding tariff barriers
of a trade agreement that is entered into pursuant
to paragraph (1) may take effect before the effective
date of a bill that implements the provisions regard-
ing nontariff barriers of a trade agreement that is
entered into under such paragraph.
‘‘(3) APPLICATION
OF
IMPLEMENTING
AND
‘FAST TRACK’ PROCEDURES.—Section 1103 applies
to any trade agreement negotiated under subsection
(b) pursuant to paragraph (1), except that—
‘‘(A) in applying subsection (a)(1)(A) of
section 1103 to any such agreement, the phrase
‘at least 120 calendar days before the day on
which he enters into the trade agreement (but
not later than December 15, 1993),’ shall be
substituted for the phrase ‘at least 90 calendar
days before the day on which he enters into the
trade agreement; and
‘‘(B) no provision of subsection (b) of sec-
tion 1103 other than paragraph (1)(A) applies
to any such agreement and in applying such
paragraph, ‘April 16, 1994;’ shall be sub-
stituted for ‘June 1, 1991;’.
‘‘(4) ADVISORY COMMITTEE REPORTS.—The re-
port required under section 135(e)(1) of the Trade
Act of 1974 regarding any trade agreement provided
for under paragraph (1) shall be provided to the
President, the Congress, and the United States
Trade Representative not later than 30 days after
the date on which the President notifies the Con-
gress under section 1103(a)(1)(A) of his intention to
enter into the agreement (but before January 15,
1994).’’.
SEC. 13606. REPEAL OF EAST-WEST TRADE STATISTICS
MONITORING SYSTEM.
(a) REPEAL.—Section 410 of the Trade Act of 1974
(19 U.S.C. 2440) is repealed.
(b) CONFORMING AMENDMENT.—The table of con-
tents for such Act of 1974 is amended by striking out the
following:
‘‘Sec. 410. East-West Trade Statistics Monitoring System.’’.
Subtitle E—Customs Officer Pay
Reform
SEC. 13701. OVERTIME AND PREMIUM PAY FOR CUSTOMS
OFFICERS.
(a) IN GENERAL.—Section 5 of the Act of February
13, 1911 (19 U.S.C. 261 and 267) is amended to read
as follows:
‘‘SEC. 5. OVERTIME AND PREMIUM PAY FOR CUSTOMS OF-
FICERS.
‘‘(a) OVERTIME PAY.—
‘‘(1) IN GENERAL.—Subject to paragraph (2)
and subsection (c), a customs officer who is officially
assigned to perform work in excess of 40 hours in
the administrative workweek of the officer or in ex-
cess of 8 hours in a day shall be compensated for
that work at an hourly rate of pay that is equal to
2 times the hourly rate of the basic pay of the offi-
cer. For purposes of this paragraph, the hourly rate
of basic pay for a customs officer does not include
any premium pay provided for under subsection (b).
‘‘(2) SPECIAL PROVISIONS RELATING TO OVER-
TIME WORK ON CALLBACK BASIS.—
‘‘(A) MINIMUM DURATION.—Any work for
which compensation is authorized under para-
graph (1) and for which the customs officer is
required to return to the officer’s place of work
shall be treated as being not less than 2 hours
in duration; but only if such work begins at
least 1 hour after the end of any previous regu-
larly scheduled work assignment and ends at
least 1 hour before the beginning of the follow-
ing regularly scheduled work assignment.
‘‘(B) COMPENSATION
FOR
COMMUTING
TIME.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), in addition to the com-
pensation authorized under paragraph (1)
for work to which subparagraph (A) ap-
plies, the customs officer is entitled to be
paid, as compensation for commuting time,
an amount equal to 3 times the hourly rate
of basic pay of the officer.
‘‘(ii) EXCEPTION.—Compensation for
commuting time is not payable under
clause (i) if the work for which compensa-
tion is authorized under paragraph (1)—
‘‘(I) does not commence within
16 hours of the customs officer’s last
regularly scheduled work assignment,
or
‘‘(II) commences within 2 hours
of the next regularly scheduled work
assignment of the customs officer.
‘‘(b) PREMIUM PAY FOR CUSTOMS OFFICERS.—
‘‘(1) NIGHT WORK DIFFERENTIAL.—
‘‘(A) 3 P.M. TO MIDNIGHT SHIFTWORK.—If
the majority of the hours of regularly scheduled
work of a customs officer occur during the pe-
riod beginning at 3 p.m. and ending at 12 a.m.,
the officer is entitled to pay for work during
such period (except for work to which para-
graph (2) or (3) applies) at the officer’s hourly
rate of basic pay plus premium pay amounting
to 15 percent of that basic rate.
‘‘(B) 11 P.M. TO 8 A.M. SHIFTWORK.—If
the majority of the hours of regularly scheduled
work of a customs officer occur during the pe-
riod beginning at 11 p.m. and ending at 8 a.m.,
the officer is entitled to pay for work during
such period (except for work to which para-
graph (2) or (3) applies) at the officer’s hourly
rate of basic pay plus premium pay amounting
to 20 percent of that basic rate.
‘‘(C) 7:30 P.M. TO 3:30 A.M. SHIFTWORK.—
If the regularly scheduled work assignment of a
customs officer is 7:30 p.m. to 3:30 a.m., the
officer is entitled to pay for work during such
period (except for work to which paragraph (2)
or (3) applies) at the officer’s hourly rate of
basic pay plus premium pay amounting to 15
percent of that basic rate for the period from
7:30 p.m. to 11:30 p.m. and at the officer’s
hourly rate of basic pay plus premium pay
amounting to 20 percent of that basic rate for
the period from 11:30 p.m. to 3:30 a.m.
‘‘(2) SUNDAY DIFFERENTIAL.—A customs offi-
cer who performs any regularly scheduled work on a
Sunday that is not a holiday is entitled to pay for
that work at the officer’s hourly rate of basic pay
plus premium pay amounting to 50 percent of that
basic rate.
‘‘(3) HOLIDAY DIFFERENTIAL.—A customs offi-
cer who performs any regularly scheduled work on a
holiday is entitled to pay for that work at the offi-
cer’s hourly rate of basic pay plus premium pay
amounting to 100 percent of that basic rate.
‘‘(4) TREATMENT OF PREMIUM PAY.—Premium
pay provided for under this subsection may not be
treated as being overtime pay or compensation for
any purpose.
‘‘(c) LIMITATIONS.—
‘‘(1) FISCAL
YEAR
CAP.—The aggregate of
overtime pay under subsection (a) (including com-
muting compensation under subsection (a)(2)(B))
and premium pay under subsection (b) that a cus-
toms officer may be paid in any fiscal year may not
exceed $25,000; except that the Commissioner of
Customs or his designee may waive this limitation in
individual cases in order to prevent excessive costs
or to meet emergency requirements of the Customs
Service.
‘‘(2) EXCLUSIVITY OF PAY UNDER THIS SEC-
TION.—A customs officer who receives overtime pay
under subsection (a) or premium pay under sub-
section (b) for time worked may not receive pay or
other compensation for that work under any other
provision of law.
‘‘(d) REGULATIONS.—The Secretary of the Treasury
shall prescribe such regulations as are necessary or appro-
priate to carry out this section, including regulations—
‘‘(1) to ensure that callback work assignments
are commensurate with the overtime pay authorized
for such work; and
‘‘(2) to prevent the disproportionate assignment
of overtime work to customs officers who are near
to retirement.
‘‘(e) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘customs officer’ means an indi-
vidual performing those functions specified by regu-
lation by the Secretary of the Treasury for a cus-
toms inspector or canine enforcement officer. Such
functions shall be consistent with such applicable
standards as may be promulgated by the Office of
Personnel Management.
‘‘(2) The term ‘holiday’ means any day des-
ignated as a holiday under a Federal statute or Ex-
ecutive order.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 2 of the Act of June 3, 1944 (19
U.S.C. 1451a), is repealed.
(2) Section 450 of the Tariff Act of 1930 (19
U.S.C. 1450) is amended—
(A) by striking out ‘‘at night’’ in the sec-
tion heading and inserting ‘‘during overtime
hours’’;
(B) by striking out ‘‘at night’’ and insert-
ing ‘‘during overtime hours’’; and
(C) by inserting ‘‘aircraft,’’ immediately
before ‘‘vessel’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) apply to customs inspectional serv-
ices provided on or after October 1, 1993.
SEC. 13702. FOREIGN LANGUAGE PROFICIENCY AWARDS
FOR CUSTOMS OFFICERS.
Cash awards for foreign language proficiency may,
under regulations prescribed by the Secretary of the
Treasury, be paid to customs officers (as referred to in
section 5(e)(1) of the Act of February 13, 1911) to the
same extent and in the same manner as would be allowable
under subchapter III of chapter 45 of title 5, United
States Code, with respect to law enforcement officers (as
defined by section 4521 of such title).
SEC. 13703. APPROPRIATIONS REIMBURSEMENTS FROM
THE CUSTOMS USER FEE ACCOUNT.
Section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3))
is amended—
(1) by amending clause (i) of subparagraph (A)
to read as follows: ‘‘(i) in—
‘‘(I) paying overtime compensation under
section 5(a) of the Act of February 13, 1911,
‘‘(II) paying premium pay under section
5(b) of the Act of February 13, 1911, but the
amount for which reimbursement may be made
under this subclause may not, for any fiscal
year, exceed the difference between the cost of
the premium pay for that year calculated under
such section 5(b) as amended by section 13701
of the Omnibus Budget Reconciliation Act of
1993 and the cost of such pay calculated under
subchapter V of chapter 55 of title 5, United
States Code,
‘‘(III) paying agency contributions to the
Civil Service Retirement and Disability Fund to
match deductions from the overtime compensa-
tion paid under subclause (I), and
‘‘(IV) providing all preclearance services
for which the recipients of such services are not
required to reimburse the Secretary of the
Treasury, and’’;
(2) by inserting before the flush sentence ap-
pearing after clause (ii) of subparagraph (A) the fol-
lowing sentence: ‘‘The transfer of funds required
under subparagraph (C)(iii) has priority over reim-
bursements under this subparagraph to carry out
subclauses (II), (III), and (IV) of clause (i).’’;
(3) by striking out ‘‘except for costs described
in subparagraph (A)(i) (I) and (II),’’ in subpara-
graph (B)(i); and
(4) by amending subparagraph (C)—
(A) by striking out ‘‘to fully reimburse
inspectional overtime and preclearance costs’’ in
clause (i) and inserting ‘‘to reimburse costs de-
scribed in subparagraph (A)(i)’’; and
(B) by inserting after clause (ii) of sub-
paragraph (C) the following:
‘‘(iii) For each fiscal year, the Secretary of the
Treasury shall calculate the difference between—
‘‘(I) the estimated cost for overtime com-
pensation that would have been incurred during
that fiscal year for inspectional services if sec-
tion 5 of the Act of February 13, 1911 (19
U.S.C. 261 and 267), as in effect before the en-
actment of section 13701 of the Omnibus
Budget Reconciliation Act of 1993, had gov-
erned such costs, and
‘‘(II) the actual cost for overtime com-
pensation, premium pay, and agency retirement
contributions that is incurred during that fiscal
year in regard to such services under section 5
of the Act of February 13, 1991, as amended
by section 13701 of the Omnibus Budget Rec-
onciliation Act of 1993, and under section
8331(3) of title 5, United States Code, as
amended by section 13704 of such Act of 1993,
and shall transfer from the Customs User Fee Ac-
count to the General Fund of the Treasury an
amount equal to the difference calculated under this
clause, or $18,000,000, whichever amount is less.
Transfers shall be made under this clause at least
quarterly and on the basis of estimates to the same
extent as are reimbursements under subparagraph
(B)(iii).’’.
SEC. 13704. TREATMENT OF CERTAIN PAY OF CUSTOMS OF-
FICERS FOR RETIREMENT PURPOSES.
(a) IN GENERAL.—Section 8331(3) of title 5, United
States Code, is amended—
(1) by striking out ‘‘and’’ at the end of sub-
paragraph (C);
(2) by striking out the semicolon at the end of
subparagraph (D) and inserting ‘‘; and’’;
(3) by adding after subparagraph (D) the fol-
lowing:
‘‘(E) with respect to a customs officer (re-
ferred to in subsection (e)(1) of section 5 of the
Act of February 13, 1911), compensation for
overtime inspectional services provided for
under subsection (a) of such section 5, but not
to exceed 50 percent of any statutory maximum
in overtime pay for customs officers which is in
effect for the year involved;’’; and
(4) by striking out ‘‘subparagraphs (B), (C),
and (D) of this paragraph,’’ and inserting ‘‘subpara-
graphs (B), (C), (D), and (E) of this paragraph’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) take effect on the date of the enactment
of this Act and apply only with respect to service per-
formed on or after such date.
SEC. 13705. REPORTS.
(a) CUSTOMS USER FEE ACCOUNT REPORTS.—Sub-
paragraph (D) of section 13031(f)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)(D)) is amended to read as follows:
‘‘(D) At the close of each fiscal year, the
Secretary of the Treasury shall submit a report
to the Committee on Finance of the Senate and
the Committee on Ways and Means of the
House of Representatives—
‘‘(i) containing a detailed accounting
of all expenditures from the Customs User
Fee Account during such year, including a
summary of the expenditures, on a port-by-
port basis, for which reimbursement has
been provided under subparagraph (A)(ii);
‘‘(ii) containing a listing of all call-
back assignments of customs officers for
which overtime compensation was paid
under section 5(a) of the Act of February
13, 1911, and that were less than 1 hour
in duration; and
‘‘(iii) containing a listing of all cus-
toms officers who were paid $25,000 or
more under subsections 5(a) and 5(b) of
the Act of February 13, 1911, including a
listing of the total compensation paid to
each of those customs officers under all
other statutory authority.’’.
(b) OTHER REPORTS.—
(1) GAO REPORT.—The Comptroller General of
the United States shall undertake—
(A) an evaluation of the appropriateness
and efficiency of the customs user fee laws for
financing the provision of customs inspectional
services; and
(B) a study to determine whether cost sav-
ings in the provision of overtime inspectional
services could be realized by the United States
Customs Service through the use of additional
inspectors as opposed to continuing the current
practice of relying on overtime pay.
The Comptroller General shall submit a report on
the evaluation and study required under this sub-
section to the Committees by no later than the 1st
anniversary of the date of the enactment of this Act.
(2) TREASURY RECOMMENDATION.—On the day
that the President submits the budget for the Unit-
ed States Government for fiscal year 1995 to the
Congress under section 1105(a) of title 31, United
States Code, the Secretary of the Treasury shall
submit to the Committees recommended legislative
proposals for improving the operation of customs
user fee laws in financing the provision of customs
inspectional services.
(3) DEFINITION
OF
COMMITTEES.—For pur-
poses of this subsection, the term ‘‘Committees’’
means the Committee on Ways and Means of the
House of Representatives and the Committee on Fi-
nance of the Senate.
Subtitle E—Customs Officer Pay
Reform
SEC. 13701. OVERTIME AND PREMIUM PAY FOR CUSTOMS
OFFICERS.
(a) IN GENERAL.—Section 5 of the Act of February
13, 1911 (19 U.S.C. 261 and 267) is amended to read
as follows:
‘‘SEC. 5. OVERTIME AND PREMIUM PAY FOR CUSTOMS OF-
FICERS.
‘‘(a) OVERTIME PAY.—
‘‘(1) IN GENERAL.—Subject to paragraph (2)
and subsection (c), a customs officer who is officially
assigned to perform work in excess of 40 hours in
the administrative workweek of the officer or in ex-
cess of 8 hours in a day shall be compensated for
that work at an hourly rate of pay that is equal to
2 times the hourly rate of the basic pay of the offi-
cer. For purposes of this paragraph, the hourly rate
of basic pay for a customs officer does not include
any premium pay provided for under subsection (b).
‘‘(2) SPECIAL PROVISIONS RELATING TO OVER-
TIME WORK ON CALLBACK BASIS.—
‘‘(A) MINIMUM DURATION.—Any work for
which compensation is authorized under para-
graph (1) and for which the customs officer is
required to return to the officer’s place of work
shall be treated as being not less than 2 hours
in duration; but only if such work begins at
least 1 hour after the end of any previous regu-
larly scheduled work assignment and ends at
least 1 hour before the beginning of the follow-
ing regularly scheduled work assignment.
‘‘(B) COMPENSATION
FOR
COMMUTING
TIME.—
‘‘(i) IN
GENERAL.—Except as pro-
vided in clause (ii), in addition to the com-
pensation authorized under paragraph (1)
for work to which subparagraph (A) ap-
plies, the customs officer is entitled to be
paid, as compensation for commuting time,
an amount equal to 3 times the hourly rate
of basic pay of the officer.
‘‘(ii) EXCEPTION.—Compensation for
commuting time is not payable under
clause (i) if the work for which compensa-
tion is authorized under paragraph (1)—
‘‘(I) does not commence within
16 hours of the customs officer’s last
regularly scheduled work assignment,
or
‘‘(II) commences within 2 hours
of the next regularly scheduled work
assignment of the customs officer.
‘‘(b) PREMIUM PAY FOR CUSTOMS OFFICERS.—
‘‘(1) NIGHT WORK DIFFERENTIAL.—
‘‘(A) 3 P.M. TO MIDNIGHT SHIFTWORK.—If
the majority of the hours of regularly scheduled
work of a customs officer occur during the pe-
riod beginning at 3 p.m. and ending at 12 a.m.,
the officer is entitled to pay for work during
such period (except for work to which para-
graph (2) or (3) applies) at the officer’s hourly
rate of basic pay plus premium pay amounting
to 15 percent of that basic rate.
‘‘(B) 11 P.M. TO 8 A.M. SHIFTWORK.—If
the majority of the hours of regularly scheduled
work of a customs officer occur during the pe-
riod beginning at 11 p.m. and ending at 8 a.m.,
the officer is entitled to pay for work during
such period (except for work to which para-
graph (2) or (3) applies) at the officer’s hourly
rate of basic pay plus premium pay amounting
to 20 percent of that basic rate.
‘‘(C) 7:30 P.M. TO 3:30 A.M. SHIFTWORK.—
If the regularly scheduled work assignment of a
customs officer is 7:30 p.m. to 3:30 a.m., the
officer is entitled to pay for work during such
period (except for work to which paragraph (2)
or (3) applies) at the officer’s hourly rate of
basic pay plus premium pay amounting to 15
percent of that basic rate for the period from
7:30 p.m. to 11:30 p.m. and at the officer’s
hourly rate of basic pay plus premium pay
amounting to 20 percent of that basic rate for
the period from 11:30 p.m. to 3:30 a.m.
‘‘(2) SUNDAY DIFFERENTIAL.—A customs offi-
cer who performs any regularly scheduled work on a
Sunday that is not a holiday is entitled to pay for
that work at the officer’s hourly rate of basic pay
plus premium pay amounting to 50 percent of that
basic rate.
‘‘(3) HOLIDAY DIFFERENTIAL.—A customs offi-
cer who performs any regularly scheduled work on a
holiday is entitled to pay for that work at the offi-
cer’s hourly rate of basic pay plus premium pay
amounting to 100 percent of that basic rate.
‘‘(4) TREATMENT OF PREMIUM PAY.—Premium
pay provided for under this subsection may not be
treated as being overtime pay or compensation for
any purpose.
‘‘(c) LIMITATIONS.—
‘‘(1) FISCAL
YEAR
CAP.—The aggregate of
overtime pay under subsection (a) (including com-
muting compensation under subsection (a)(2)(B))
and premium pay under subsection (b) that a cus-
toms officer may be paid in any fiscal year may not
exceed $25,000; except that the Commissioner of
Customs or his designee may waive this limitation in
individual cases in order to prevent excessive costs
or to meet emergency requirements of the Customs
Service.
‘‘(2) EXCLUSIVITY OF PAY UNDER THIS SEC-
TION.—A customs officer who receives overtime pay
under subsection (a) or premium pay under sub-
section (b) for time worked may not receive pay or
other compensation for that work under any other
provision of law.
‘‘(d) REGULATIONS.—The Secretary of the Treasury
shall prescribe such regulations as are necessary or appro-
priate to carry out this section, including regulations—
‘‘(1) to ensure that callback work assignments
are commensurate with the overtime pay authorized
for such work; and
‘‘(2) to prevent the disproportionate assignment
of overtime work to customs officers who are near
to retirement.
‘‘(e) DEFINITIONS.—As used in this section:
‘‘(1) The term ‘customs officer’ means an indi-
vidual performing those functions specified by regu-
lation by the Secretary of the Treasury for a cus-
toms inspector or canine enforcement officer. Such
functions shall be consistent with such applicable
100
standards as may be promulgated by the Office of
Personnel Management.
‘‘(2) The term ‘holiday’ means any day des-
ignated as a holiday under a Federal statute or Ex-
ecutive order.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 2 of the Act of June 3, 1944 (19
U.S.C. 1451a), is repealed.
(2) Section 450 of the Tariff Act of 1930 (19
U.S.C. 1450) is amended—
(A) by striking out ‘‘at night’’ in the sec-
tion heading and inserting ‘‘during overtime
hours’’;
(B) by striking out ‘‘at night’’ and insert-
ing ‘‘during overtime hours’’; and
(C) by inserting ‘‘aircraft,’’ immediately
before ‘‘vessel’’.
(c) EFFECTIVE DATE.—The amendments made by
subsections (a) and (b) apply to customs inspectional serv-
ices provided on or after October 1, 1993.
SEC. 13702. FOREIGN LANGUAGE PROFICIENCY AWARDS
FOR CUSTOMS OFFICERS.
Cash awards for foreign language proficiency may,
under regulations prescribed by the Secretary of the
Treasury, be paid to customs officers (as referred to in
101
section 5(e)(1) of the Act of February 13, 1911) to the
same extent and in the same manner as would be allowable
under subchapter III of chapter 45 of title 5, United
States Code, with respect to law enforcement officers (as
defined by section 4521 of such title).
SEC. 13703. APPROPRIATIONS REIMBURSEMENTS FROM
THE CUSTOMS USER FEE ACCOUNT.
Section 13031(f)(3) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(f)(3))
is amended—
(1) by amending clause (i) of subparagraph (A)
to read as follows: ‘‘(i) in—
‘‘(I) paying overtime compensation under
section 5(a) of the Act of February 13, 1911,
‘‘(II) paying premium pay under section
5(b) of the Act of February 13, 1911, but the
amount for which reimbursement may be made
under this subclause may not, for any fiscal
year, exceed the difference between the cost of
the premium pay for that year calculated under
such section 5(b) as amended by section 13701
of the Omnibus Budget Reconciliation Act of
1993 and the cost of such pay calculated under
subchapter V of chapter 55 of title 5, United
States Code,
102
‘‘(III) paying agency contributions to the
Civil Service Retirement and Disability Fund to
match deductions from the overtime compensa-
tion paid under subclause (I), and
‘‘(IV) providing all preclearance services
for which the recipients of such services are not
required to reimburse the Secretary of the
Treasury, and’’;
(2) by inserting before the flush sentence ap-
pearing after clause (ii) of subparagraph (A) the fol-
lowing sentence: ‘‘The transfer of funds required
under subparagraph (C)(iii) has priority over reim-
bursements under this subparagraph to carry out
subclauses (II), (III), and (IV) of clause (i).’’;
(3) by striking out ‘‘except for costs described
in subparagraph (A)(i) (I) and (II),’’ in subpara-
graph (B)(i); and
(4) by amending subparagraph (C)—
(A) by striking out ‘‘to fully reimburse
inspectional overtime and preclearance costs’’ in
clause (i) and inserting ‘‘to reimburse costs de-
scribed in subparagraph (A)(i)’’; and
(B) by inserting after clause (ii) of sub-
paragraph (C) the following:
103
‘‘(iii) For each fiscal year, the Secretary of the
Treasury shall calculate the difference between—
‘‘(I) the estimated cost for overtime com-
pensation that would have been incurred during
that fiscal year for inspectional services if sec-
tion 5 of the Act of February 13, 1911 (19
U.S.C. 261 and 267), as in effect before the en-
actment of section 13701 of the Omnibus
Budget Reconciliation Act of 1993, had gov-
erned such costs, and
‘‘(II) the actual cost for overtime com-
pensation, premium pay, and agency retirement
contributions that is incurred during that fiscal
year in regard to such services under section 5
of the Act of February 13, 1991, as amended
by section 13701 of the Omnibus Budget Rec-
onciliation Act of 1993, and under section
8331(3) of title 5, United States Code, as
amended by section 13704 of such Act of 1993,
and shall transfer from the Customs User Fee Ac-
count to the General Fund of the Treasury an
amount equal to the difference calculated under this
clause, or $18,000,000, whichever amount is less.
Transfers shall be made under this clause at least
quarterly and on the basis of estimates to the same
104
extent as are reimbursements under subparagraph
(B)(iii).’’.
SEC. 13704. TREATMENT OF CERTAIN PAY OF CUSTOMS OF-
FICERS FOR RETIREMENT PURPOSES.
(a) IN GENERAL.—Section 8331(3) of title 5, United
States Code, is amended—
(1) by striking out ‘‘and’’ at the end of sub-
paragraph (C);
(2) by striking out the semicolon at the end of
subparagraph (D) and inserting ‘‘; and’’;
(3) by adding after subparagraph (D) the fol-
lowing:
‘‘(E) with respect to a customs officer (re-
ferred to in subsection (e)(1) of section 5 of the
Act of February 13, 1911), compensation for
overtime inspectional services provided for
under subsection (a) of such section 5, but not
to exceed 50 percent of any statutory maximum
in overtime pay for customs officers which is in
effect for the year involved;’’; and
(4) by striking out ‘‘subparagraphs (B), (C),
and (D) of this paragraph,’’ and inserting ‘‘subpara-
graphs (B), (C), (D), and (E) of this paragraph’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) take effect on the date of the enactment
105
of this Act and apply only with respect to service per-
formed on or after such date.
SEC. 13705. REPORTS.
(a) CUSTOMS USER FEE ACCOUNT REPORTS.—Sub-
paragraph (D) of section 13031(f)(3) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)(D)) is amended to read as follows:
‘‘(D) At the close of each fiscal year, the
Secretary of the Treasury shall submit a report
to the Committee on Finance of the Senate and
the Committee on Ways and Means of the
House of Representatives—
‘‘(i) containing a detailed accounting
of all expenditures from the Customs User
Fee Account during such year, including a
summary of the expenditures, on a port-by-
port basis, for which reimbursement has
been provided under subparagraph (A)(ii);
‘‘(ii) containing a listing of all call-
back assignments of customs officers for
which overtime compensation was paid
under section 5(a) of the Act of February
13, 1911, and that were less than 1 hour
in duration; and
106
‘‘(iii) containing a listing of all cus-
toms officers who were paid $25,000 or
more under subsections 5(a) and 5(b) of
the Act of February 13, 1911, including a
listing of the total compensation paid to
each of those customs officers under all
other statutory authority.’’.
(b) OTHER REPORTS.—
(1) GAO REPORT.—The Comptroller General of
the United States shall undertake—
(A) an evaluation of the appropriateness
and efficiency of the customs user fee laws for
financing the provision of customs inspectional
services; and
(B) a study to determine whether cost sav-
ings in the provision of overtime inspectional
services could be realized by the United States
Customs Service through the use of additional
inspectors as opposed to continuing the current
practice of relying on overtime pay.
The Comptroller General shall submit a report on
the evaluation and study required under this sub-
section to the Committees by no later than the 1st
anniversary of the date of the enactment of this Act.
107
(2) TREASURY RECOMMENDATION.—On the day
that the President submits the budget for the Unit-
ed States Government for fiscal year 1995 to the
Congress under section 1105(a) of title 31, United
States Code, the Secretary of the Treasury shall
submit to the Committees recommended legislative
proposals for improving the operation of customs
user fee laws in financing the provision of customs
inspectional services.
(3) DEFINITION
OF
COMMITTEES.—For pur-
poses of this subsection, the term ‘‘Committees’’
means the Committee on Ways and Means of the
House of Representatives and the Committee on Fi-
nance of the Senate.
Subtitle B—Human Resources
Amendments
SEC. 13201. TABLE OF CONTENTS.
The table of contents of this subtitle is as follows:
Subtitle B—Human Resources Amendments
Sec. 13201. Table of contents.
Sec. 13202. References.
CHAPTER 1—CHILD WELFARE SERVICES, FOSTER CARE, AND ADOPTION
ASSISTANCE
Sec. 13211. Entitlement funding for services designed to strengthen and pre-
serve families.
Sec. 13212. Grants for State courts to assess and improve handling of proceed-
ings relating to foster care and adoption.
Sec. 13213. Required protections for foster children.
Sec. 13214. States required to report on measures taken to comply with the In-
dian Child Welfare Act.
Sec. 13215. Child welfare traineeships.
108
Sec. 13216. Dissolved adoptions.
Sec. 13217. Time frame for judicial determinations on voluntary placements.
Sec. 13218. Study of reasonable efforts.
Sec. 13219. Enhanced match for automated data systems.
Sec. 13220. Periodic reevaluation of foster care maintenance payments.
Sec. 13221. Dispositional hearing.
Sec. 13222. Health care plans for foster children.
Sec. 13223. Independent living.
Sec. 13224. Elimination of foster care ceilings and of authority to transfer un-
used foster care funds to child welfare services programs.
Sec. 13225. Training of agency staff and foster and adoptive parents.
Sec. 13226. On-site reviews and audits of State claims for foster care and
adoption assistance.
Sec. 13227. Conformity reviews.
Sec. 13228. Repeal of annual report on voluntary placement.
Sec. 13229. Demonstration projects.
Sec. 13230. Placement accountability.
Sec. 13231. Payments of State claims for foster care and adoption assistance.
Sec. 13232. Moratorium on collection of disallowances.
Sec. 13233. Border region child welfare worker training demonstration.
Sec. 13234. Effect of failure to carry out State plan.
CHAPTER 2—CHILD SUPPORT ENFORCEMENT
Sec. 13241. State paternity establishment programs.
Sec. 13242. Enforcement of health insurance support.
Sec. 13243. Reports to credit bureaus on persons delinquent in child support
payments.
CHAPTER 3—SUPPLEMENTAL SECURITY INCOME
Sec. 13251. Fees for Federal administration of State supplementary payments.
Sec. 13252. Exclusion from income of State relocation assistance.
Sec. 13253. Prevention of adverse effects on eligibility for, and amount of, ben-
efits when spouse or parent of beneficiary is absent from the
household due to active military service.
Sec. 13254. Eligibility for children of Armed Forces personnel residing outside
the United States other than in foreign countries.
Sec. 13255. Definition of disability for children under age 18 applied to all in-
dividuals under age 18.
Sec. 13256. Valuation of certain in-kind support and maintenance when there
is a cost of living adjustment in benefits.
Sec. 13257. Exclusion from income of certain amounts received by Indians
from interests held in trust.
CHAPTER 4—AID TO FAMILIES WITH DEPENDENT CHILDREN
Sec. 13261. 50 percent Federal match of State administrative costs.
Sec. 13262. Delay in effective date of penalty for failure to meet required par-
ticipation rate for unemployed parents in the JOBS program.
Sec. 13263. Report to the Congress with respect to performance standards in
the JOBS program.
Sec. 13264. Measurement and reporting of welfare participation.
Sec. 13265. New Hope demonstration project.
Sec. 13266. Delay in requirement that outlying areas operate an AFDC-UP
program.
109
Sec. 13267. Adult in family or household allowed to attest to citizenship status
of family or household members.
Sec. 13268. Increase in stepparent income disregard.
Sec. 13269. Extension of New York State child support demonstration pro-
gram.
Sec. 13270. Early childhood development projects.
CHAPTER 5—UNEMPLOYMENT INSURANCE
Sec. 13271. Treatment of short-time compensation programs.
Sec. 13272. Technical amendment to Unemployment Trust Fund.
Sec. 13273. Extension of reporting date for advisory council.
Sec. 13274. Clarification of emergency unemployment benefits provisions.
Sec. 13275. Modifications to extended unemployment program.
Sec. 13276. Extension of current Federal unemployment rate.
Sec. 13277. Disclosure of information to Railroad Retirement Board.
CHAPTER 6—TECHNICAL PROVISIONS
Sec. 13281. Corrections related to the income security and human resources
provisions of the Omnibus Budget Reconciliation Act of 1990.
Sec. 13282. Technical corrections related to the human resource and income se-
curity provisions of the Omnibus Budget Reconciliation Act of
1989.
Sec. 13283. Elimination of obsolete provisions relating to treatment of the
earned income tax credit.
Sec. 13284. Redesignation of certain provisions.
SEC. 13202. REFERENCES.
Except as otherwise expressly provided, wherever in
this subtitle an amendment or repeal is expressed in terms
of an amendment to, or repeal of, a section or other provi-
sion, the reference shall be considered to be made to a
section or other provision of the Social Security Act.
110
CHAPTER 1—CHILD WELFARE SERVICES,
FOSTER CARE, AND ADOPTION ASSIST-
ANCE
SEC. 13211. ENTITLEMENT FUNDING FOR SERVICES DE-
SIGNED TO STRENGTHEN AND PRESERVE
FAMILIES.
(a) IN GENERAL.—Part B of title IV (42 U.S.C.
620–628) is amended—
(1) by striking the heading and inserting the
following:
‘‘PART B—CHILD AND FAMILY SERVICES
‘‘Subpart 1—Child Welfare Services’’; and
(2) by adding at the end the following:
‘‘Subpart 2—Family Preservation and Support
Services
‘‘SEC. 430. PURPOSES; LIMITATIONS ON AUTHORIZATIONS
OF APPROPRIATIONS; RESERVATION OF CER-
TAIN AMOUNTS.
‘‘(a) PURPOSES; LIMITATIONS ON AUTHORIZATION
OF APPROPRIATIONS.—For the purpose of encouraging
and enabling each State to develop and establish, or ex-
pand, and to operate a program of family preservation
services and community-based family support services,
there are authorized to be appropriated to the Secretary—
‘‘(1) $60,000,000 for fiscal year 1994;
111
‘‘(2) $135,000,000 for fiscal year 1995;
‘‘(3) $240,000,000 for fiscal year 1996;
‘‘(4) $360,000,000 for fiscal year 1997; and
‘‘(5) $600,000,000 for fiscal year 1998.
‘‘(b) RESERVATION OF CERTAIN AMOUNTS.—
‘‘(1) EVALUATION, RESEARCH, TRAINING, AND
TECHNICAL
ASSISTANCE.—The Secretary shall re-
serve 1 percent of the amount appropriated pursu-
ant to subsection (a) for each fiscal year, for expend-
iture by the Secretary for evaluation, research, train-
ing, and technical assistance related to the program
under this subpart.
‘‘(2) STATE COURT ASSESSMENTS.—The Sec-
retary shall reserve $5,000,000 of the amount ap-
propriated pursuant to subsection (a) for fiscal year
1995, and $10,000,000 of the amount so appro-
priated for each of fiscal years 1996, 1997, and
1998, for grants under section 13212 of the Omni-
bus Budget Reconciliation Act of 1993.
‘‘(3) INDIAN TRIBES.—The Secretary shall re-
serve 1 percent of the amount appropriated pursu-
ant to subsection (a) for each fiscal year, for allot-
ment to Indian tribes in accordance with section
433(a).
112
‘‘SEC. 431. DEFINITIONS.
‘‘(a) IN GENERAL.—As used in this subpart:
‘‘(1) FAMILY
PRESERVATION
SERVICES.—The
term ‘family preservation services’ means services
for children and families designed to help families
(including adoptive and extended families) at risk or
in crisis, including—
‘‘(A) service programs designed to help
children—
‘‘(i) where appropriate, return to fam-
ilies from which they have been removed;
or
‘‘(ii) be placed for adoption, with a
legal guardian, or, if adoption or legal
guardianship is determined not to be ap-
propriate for a child, in some other
planned, permanent living arrangement;
‘‘(B) preplacement preventive services pro-
grams, such as intensive family preservation
programs, designed to help children at risk of
foster care placement remain with their fami-
lies;
‘‘(C) service programs designed to provide
followup care to families to whom a child has
been returned after a foster care placement;
113
‘‘(D) respite care of children to provide
temporary 
relief 
for 
parents 
and 
other
caregivers (including foster parents); and
‘‘(E) 
services 
designed 
to 
improve
parenting skills (by reinforcing parents’ con-
fidence in their strengths, and helping them to
identify where improvement is needed and to
obtain assistance in improving those skills) with
respect to matters such as child development,
family budgeting, coping with stress, health,
and nutrition.
‘‘(2) FAMILY
SUPPORT
SERVICES.—The term
‘family support services’ means community-based
services to promote the well-being of children and
families designed to increase the strength and stabil-
ity of families (including adoptive, foster, and ex-
tended families), to increase parents’ confidence and
competence in their parenting abilities, to afford
children a stable and supportive family environment,
and otherwise to enhance child development, includ-
ing—
‘‘(A) services described in paragraph
(1)(E);
114
‘‘(B) respite care of children to provide
temporary 
relief 
for 
parents 
and 
other
caregivers;
‘‘(C) structured activities involving parents
and children to strengthen the parent-child re-
lationship;
‘‘(D) drop-in centers to afford families op-
portunities for informal interaction with other
families and with program staff;
‘‘(E) information and referral services to
afford families access to other community serv-
ices, including child care, health care, nutrition
programs, adult education and literacy pro-
grams, and counseling and mentoring services;
and
‘‘(F) early developmental screening of chil-
dren to assess the needs of such children, and
assistance to families in securing specific serv-
ices to meet these needs.
‘‘(3) STATE AGENCY.—The term ‘State agency’
means the State agency responsible for administer-
ing the program under subpart 1.
‘‘(4) STATE.—The term ‘State’ includes an In-
dian tribe or tribal organization, in addition to the
meaning given such term for purposes of subpart 1.
115
‘‘(5) TRIBAL ORGANIZATION.—The term ‘tribal
organization’ means the recognized governing body
of any Indian tribe.
‘‘(6) INDIAN TRIBE.—The term ‘Indian tribe’
means any Indian tribe (as defined in section
482(i)(5)) and any Alaska Native organization (as
defined in section 482(i)(7)(A)).
‘‘(b) OTHER TERMS.—For other definitions of other
terms used in this subpart, see section 475.
‘‘SEC. 432. STATE PLANS.
‘‘(a) PLAN REQUIREMENTS.—A State plan meets the
requirements of this subsection if the plan—
‘‘(1) provides that the State agency shall ad-
minister, or supervise the administration of, the
State program under this subpart;
‘‘(2)(A)(i) sets forth the goals intended to be
accomplished under the plan by the end of the 5th
fiscal year in which the plan is in operation in the
State, and (ii) is updated periodically to set forth
the goals intended to be accomplished under the
plan by the end of each 5th fiscal year thereafter;
‘‘(B) describes the methods to be used in meas-
uring progress toward accomplishment of the goals;
‘‘(C) contains a commitment that the State—
119
‘‘(9) provides that the State agency will furnish
such reports, containing such information, and par-
ticipate in such evaluations, as the Secretary may
require.
‘‘(b) APPROVAL OF PLANS.—
‘‘(1) IN
GENERAL.—The Secretary shall ap-
prove a plan that meets the requirements of sub-
section (a) only if the plan was developed jointly by
the Secretary and the State, after consultation by
the State agency with appropriate public and non-
profit private agencies and community-based organi-
zations with experience in administering programs of
services for children and families (including family
preservation and family support services).
‘‘(2) PLANS
OF
INDIAN
TRIBES
EXEMPTED
FROM
INAPPROPRIATE
REQUIREMENTS.—The Sec-
retary may exempt a plan submitted by an Indian
tribe from any requirement of this section that the
Secretary determines would be inappropriate to
apply to the Indian tribe, taking into account the re-
sources, needs, and other circumstances of the In-
dian tribe.
‘‘SEC. 433. ALLOTMENTS TO STATES.
‘‘(a) INDIAN TRIBES.—
120
‘‘(1) IN GENERAL.—From the amount reserved
pursuant to section 430(b)(3), the Secretary shall
allot to each Indian tribe with a plan approved
under this subpart (except as provided in paragraph
(2) of this subsection) an amount that bears the
same ratio to such reserved amount as the number
of children in the Indian tribe bears to the total
number of children in all Indian tribes with State
plans so approved, as determined by the Secretary
on the basis of the most current and reliable infor-
mation available to the Secretary.
‘‘(2) SPECIAL RULE.—The Secretary may not
allot funds to an Indian tribe with a plan approved
under this subpart whose allotment (but for this
paragraph) would be less than $10,000 if allotments
were made under paragraph (1) to all Indian tribes
with plans approved under this subpart with the
same or larger numbers of children.
‘‘(b) TERRITORIES.—From the amount appropriated
pursuant to section 430 that remains after applying sec-
tion 430(b) for each fiscal year, the Secretary shall allot
to each of the jurisdictions of Puerto Rico, Guam, the Vir-
gin Islands, the Northern Mariana Islands, and American
Samoa an amount determined in the same manner as the
121
allotment to each of such jurisdictions is determined under
section 421.
‘‘(c) OTHER STATES.—
‘‘(1) IN GENERAL.—From the amount appro-
priated pursuant to section 430 that remains after
applying section 430(b) and subsection (b) of this
section for each fiscal year, the Secretary shall allot
to each State (other than an Indian tribe) which is
not specified in subsection (b) of this section an
amount equal to such remaining amount multiplied
by the food stamp percentage of the State for the
fiscal year.
‘‘(2) FOOD STAMP PERCENTAGE DEFINED.—
‘‘(A) IN GENERAL.—As used in paragraph
(1) of this subsection, the term ‘food stamp
percentage’ means, with respect to a State and
a fiscal year, the average monthly number of
children receiving food stamp benefits in the
State for months in the 3 fiscal years referred
to in subparagraph (B) of this paragraph, as
determined from sample surveys made under
section 16(c) of the Food Stamp Act of 1977,
expressed as a percentage of the average
monthly number of children receiving food
stamp benefits in the States described in such
122
paragraph (1) for months in such 3 fiscal years,
as so determined.
‘‘(B) FISCAL
YEARS
USED
IN
CALCULA-
TION.—For purposes of the calculation pursu-
ant to subparagraph (A), the Secretary shall
use data for the 3 most recent fiscal years, pre-
ceding the fiscal year for which the State’s al-
lotment is calculated under this subsection, for
which such data are available to the Secretary.
‘‘SEC. 434. PAYMENTS TO STATES.
‘‘(a) ENTITLEMENT.—
‘‘(1) GENERAL RULE.—Except as provided in
paragraph (2) of this subsection, each State which
has a plan approved under this subpart shall be enti-
tled to payment of the lesser of—
‘‘(A) 75 percent of the total cost of activi-
ties under the plan during the fiscal year or the
immediately succeeding fiscal year; or
‘‘(B) the allotment of the State under sec-
tion 433 for the fiscal year.
‘‘(2) SPECIAL
RULE.—Upon submission by a
State to the Secretary during fiscal year 1994 of an
application in such form and containing such infor-
mation as the Secretary may require (including, if
the State is seeking payment of an amount pursuant
123
to subparagraph (B) of this paragraph, a description
of the services to be provided with the amount), the
State shall be entitled to payment of an amount
equal to the sum of—
‘‘(A) 
such 
amount 
not 
exceeding
$1,000,000 as the State may require to develop
and submit a plan for approval under section
432; and
‘‘(B) an amount equal to the lesser of—
‘‘(i) 75 percent of the cost of State
services to children and families provided
in accordance with section 432(a)(4); or
‘‘(ii) the allotment of the State under
section 433 for fiscal year 1994, reduced
by any amount paid to the State pursuant
to subparagraph (A) of this paragraph.
‘‘(b) PROHIBITIONS.—
‘‘(1) NO USE OF OTHER FEDERAL FUNDS FOR
STATE
MATCH.—Each State receiving an amount
paid under paragraph (1) or (2)(B) of subsection (a)
may not expend any Federal funds to meet the costs
of services described in this subpart not covered by
the amount so paid.
‘‘(2) AVAILABILITY OF FUNDS.—
124
‘‘(A) IN GENERAL.—A State may not ex-
pend any amount paid under subsection (a)(1)
for any fiscal year after the end of the imme-
diately succeeding fiscal year.
‘‘(B) PLAN DEVELOPMENT.—A State may
not expend any amount paid under subsection
(a)(2) after the end of fiscal year 1994.
‘‘(c) DIRECT PAYMENTS TO TRIBAL ORGANIZATIONS
OF INDIAN TRIBES.—The Secretary shall pay any amount
to which an Indian tribe is entitled under this section di-
rectly to the tribal organization of the Indian tribe.
‘‘SEC. 435. EVALUATIONS; REPORT.
‘‘(a) EVALUATIONS.—
‘‘(1) IN GENERAL.—The Secretary shall evalu-
ate the effectiveness of the programs carried out
pursuant to this subpart in accomplishing the pur-
poses of this subpart, in accordance with criteria es-
tablished in accordance with paragraph (2).
‘‘(2) CRITERIA TO BE USED.—In developing the
criteria to be used in evaluations under paragraph
(1), the Secretary shall consult with appropriate par-
ties, such as—
‘‘(A) State agencies administering pro-
grams under this part and part E;
125
‘‘(B) persons administering child and fam-
ily services programs (including family preser-
vation and family support programs) for pri-
vate, nonprofit organizations with an interest in
child welfare; and
‘‘(C) other persons with recognized exper-
tise in the evaluation of child and family serv-
ices programs (including family preservation
and family support programs) or other related
programs.
‘‘(b) REPORT TO THE CONGRESS.—Not later than
December 31, 1997, the Secretary shall submit to the
Congress a report containing findings with respect to the
evaluations required by subsection (a).
‘‘(c) COORDINATION
OF EVALUATIONS.—The Sec-
retary shall develop procedures to coordinate evaluations
under this section, to the extent feasible, with evaluations
by the States of the effectiveness of programs under this
subpart.’’.
(b) CONFORMING AMENDMENTS.—
(1) Section 422 (42 U.S.C. 622) is amended—
(A) in subsection (a), by striking ‘‘this
part’’ and inserting ‘‘this subpart’’;
126
(B) in subsection (b), by striking ‘‘this
part’’ each place such term appears and insert-
ing ‘‘this subpart’’; and
(C) in subsection (b)(2), by inserting
‘‘under the State plan approved under subpart
2 of this part,’’ after ‘‘part A of this title,’’.
(2) Section 423(a) (42 U.S.C. 623(a)) is
amended by striking ‘‘this part’’ and inserting ‘‘this
subpart’’.
(3) Section 428(a) (42 U.S.C. 628(a)) is
amended by striking ‘‘this part’’ each place such
term appears and inserting ‘‘this subpart’’.
(4) Section 471(a)(2) (42 U.S.C. 671(a)(2)) is
amended by inserting ‘‘subpart 1 of’’ before ‘‘part
B’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to calendar
quarters beginning on or after October 1, 1993.
SEC. 13212. GRANTS FOR STATE COURTS TO ASSESS AND
IMPROVE HANDLING OF PROCEEDINGS RE-
LATING TO FOSTER CARE AND ADOPTION.
(a) IN GENERAL.—The Secretary shall make grants,
in accordance with this section, to the highest State courts
in States participating in the program under part E of
127
title IV of the Social Security Act, for the purpose of ena-
bling such courts—
(1) to conduct assessments, in accordance with
subsection (b), of the role, responsibilities, and effec-
tiveness of State courts in carrying out State laws
requiring proceedings (conducted by or under the su-
pervision of the courts)—
(A) to determine the advisability or appro-
priateness of foster care placement;
(B) to determine whether to terminate pa-
rental rights; and
(C) to legally recognize the adoption of a
child; and
(2) to implement changes deemed necessary as
a result of the assessments.
(b) ASSESSMENTS.—Each assessment conducted with
funds provided under this section shall—
(1) identify the requirements imposed on State
courts with respect to proceedings described in sub-
section (a), addressing separately—
(A) rules, standards, and criteria imposed
pursuant to State laws (including laws imple-
menting parts B and E of title IV of the Social
Security Act, laws relating to child abuse and
neglect, or any other laws on related matters)
128
to be applied in determinations with respect to
placement of a child, or with respect to related
matters concerning the parent-child relationship
and the welfare of the child, including deter-
minations—
(i) whether to remove a child from or
return a child to the home of the child;
(ii) whether to place a child in foster
care or to continue a foster care place-
ment;
(iii) whether to terminate parental
rights;
(iv) whether to place a child for adop-
tion or in another permanent arrangement;
and
(v) whether to set aside or to finalize
an adoption; and
(B) rules and procedures, established by or
under State law or adopted by the State court
system on its own initiative, with respect to the
conduct of such proceedings, that address mat-
ters such as—
(i) whether a proceeding should be ju-
dicial or administrative;
129
(ii) timetables for such proceedings,
and determinations of the priority of such
proceedings relative to other matters under
the jurisdiction of the State courts;
(iii) procedural safeguards of the
rights of parents (including foster and
adoptive parents), guardians, and children,
such as provisions for legal representation
and for guardians ad litem; and
(iv) rules for conduct of the proceed-
ing with respect to matters such as admis-
sible evidence, opportunity to present wit-
nesses, and time limits on the presentation
of evidence and the making of arguments;
(2) evaluate the performance of the State
courts in implementing the requirements identified
under paragraph (1), by assessing—
(A) the extent to which particular practices
or procedures have been successful in facilitat-
ing compliance with such requirements;
(B) the frequency of failures to comply
with any such requirements, and patterns with
respect to the circumstances of and factors con-
tributing to the failures; and
130
(C) the extent to which caseload size and
resource limitations contribute to the failures
identified pursuant to subparagraph (B);
(3) determine the extent to which the rules and
practices identified under paragraph (1) or (2) are
in accord with recommended standards of national
organizations concerned with permanent placement
for foster children;
(4) determine, from the standpoint of the State
courts, the extent to which particular requirements
under paragraph (1)—
(A) are facilitating or impeding achieve-
ment of the purposes of such parts B and E,
including the goal of appropriate permanent
placement for each child; and
(B) are imposing significant administrative
burdens on the State court system; and
(5) make specific recommendations for improve-
ment, based on the conclusions reached as a result
of activities described in paragraphs (1) through (4),
including recommendations for—
(A) changes in Federal or State laws, reg-
ulations, or policies;
(B) changes in procedures and practices of
the State courts and of the State agencies ad-
131
ministering foster care, adoption, child welfare,
and child protective services programs;
(C) additional education or training of
State court judges, or of personnel of the judi-
cial system or of the State agencies described in
subparagraph (B);
(D) collection or dissemination of addi-
tional data or information for purposes of in-
creasing the understanding of personnel of
State courts and State agencies of matters re-
lating to case review proceedings in general, or
to specific case review proceedings; and
(E) increases in manpower, reductions in
the number of case reviews, or other changes
needed to enable the State courts to better
manage their caseloads with respect to such
proceedings.
(c) APPLICATIONS.—In order to be eligible for a
grant under this section, a highest State court shall sub-
mit to the Secretary, at such time and in such form as
the Secretary may require, an application containing—
(1) a timetable for conducting and completing
the assessment;
(2) a budget for the assessment;
132
(3) a description of the methods to be used to
select State courts for inclusion in, and to conduct,
the assessment;
(4) certifications by the head of the State agen-
cy administering the State program under such part
E, and by the State foster care citizen review board
or State organization of such review boards (if any),
that such entities have had an opportunity to review
and comment on a draft of the application before its
submission, and a copy of such comments;
(5) a description of the process to be used by
the court to consult with the entities referred to in
paragraph (4) of this subsection in conducting the
assessment under subsection (b);
(6) an assurance that, to the extent funds pro-
vided under this section are not necessary to com-
plete the assessment under subsection (b), the court
will use such funds to implement, to the extent fea-
sible, recommendations made pursuant to subsection
(b)(5);
(7) an assurance that funds provided under this
section will not be used to supplant State or local
funds which would otherwise be used for similar pur-
poses;
(8) a commitment to furnish to the Secretary—
133
(A) an interim report following the end of
the 2nd year of assessment activities under this
section; and
(B) a final report following the completion
of the assessment; and
(9) any other information the Secretary may re-
quire.
(d) ALLOTMENTS.—
(1) IN
GENERAL.—Each highest State court
which has an application approved under subsection
(c), and is conducting assessment activities in ac-
cordance with this section, shall be entitled to pay-
ment, for each of fiscal years 1995 through 1998,
from 
amounts 
reserved 
pursuant 
to 
section
430(b)(2) of the Social Security Act, of an amount
equal to the sum of—
(A) for fiscal year 1995, $75,000 plus the
amount described in paragraph (2) for fiscal
year 1995; and
(B) for each of fiscal years 1996 through
1998, $85,000 plus the amount described in
paragraph (2) for each of such fiscal years.
(2) FORMULA.—The amount described in this
paragraph for any fiscal year is the amount that
bears the same ratio to the amount reserved pursu-
134
ant to section 430(b)(2) of the Social Security Act
for the fiscal year (reduced by the dollar amount
specified in paragraph (1) of this subsection for the
fiscal year) as the number of individuals in the State
who have not attained 21 years of age bears to the
total number of such individuals in all States the
highest State courts of which have approved applica-
tions under subsection (c).
(e) USE OF GRANT FUNDS.—Each highest State
court which receives funds paid under this section may
use such funds to pay—
(1) any or all costs of activities under this sec-
tion in fiscal year 1995; and
(2) not more than 75 percent of the cost of ac-
tivities under this section in each of fiscal years
1996, 1997, and 1998.
SEC. 13213. REQUIRED PROTECTIONS FOR FOSTER CHIL-
DREN.
(a) IN
GENERAL.—Section 422(b) (42 U.S.C.
622(b)) is amended—
(1) by striking ‘‘and’’ at the end of paragraph
(7);
(2) by striking the period at the end of para-
graph (8) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
135
‘‘(9) provide assurances that the State—
‘‘(A) since June 17, 1980, has completed
an inventory of all children who, before the in-
ventory, had been in foster care under the re-
sponsibility of the State for 6 months or more,
which determined—
‘‘(i) the appropriateness of, and neces-
sity for, the foster care placement;
‘‘(ii) whether the child could or should
be returned to the parents of the child or
should be freed for adoption or other per-
manent placement; and
‘‘(iii) the services necessary to facili-
tate the return of the child or the place-
ment of the child for adoption or legal
guardianship;
‘‘(B) is operating, to the satisfaction of the
Secretary—
‘‘(i) a statewide information system
from which can be readily determined the
status, demographic characteristics, loca-
tion, and goals for the placement of every
child who is (or, within the immediately
preceding 12 months, has been) in foster
care;
136
‘‘(ii) a case review system (as defined
in section 475(5)) for each child receiving
foster care under the supervision of the
State;
‘‘(iii) a service program designed to
help children—
‘‘(I) where appropriate, return to
families from which they have been
removed; or
‘‘(II) be placed for adoption, with
a legal guardian, or, if adoption or
legal guardianship is determined not
to be appropriate for a child, in some
other planned, permanent living ar-
rangement; and
‘‘(iv) a preplacement preventive serv-
ices program designed to help children at
risk of foster care placement remain with
their families; and
‘‘(C)(i) has reviewed (or within 12 months
after the date of the enactment of this para-
graph will review) State laws and administra-
tive and judicial procedures in effect for chil-
dren abandoned at or shortly after birth (in-
137
cluding laws and procedures providing for legal
representation of such children); and
‘‘(ii) has enacted and is implementing (or
within 24 months after the date of the enact-
ment of this paragraph will enact and imple-
ment) such laws and procedures as the State
determines, on the basis of the review described
in clause (i), to be necessary to enable perma-
nent decisions to be made expeditiously with re-
spect to the placement of such children.’’.
(b) RESTRICTION ON REALLOTMENT.—Section 424
(42 U.S.C. 624) is amended—
(1) in the 1st sentence, by striking ‘‘The
amount’’ and inserting the following:
‘‘(a) IN GENERAL.—Subject to subsection (b), the
amount’’; and
(2) by adding at the end the following:
‘‘(b) EXCEPTION RELATING TO FOSTER CHILD PRO-
TECTIONS.—The Secretary shall not reallot under sub-
section (a) of this section any amount that is withheld or
recovered from a State due to the failure of the State to
comply with section 422(b)(9).’’.
(c) REPEAL.—Section 427 (42 U.S.C. 627) is hereby
repealed.
(d) CONFORMING AMENDMENTS.—
138
(1) Section 423(a) (42 U.S.C. 623(a)) is
amended by striking ‘‘and in section 427’’.
(2) Section 425(a)(2) (42 U.S.C. 625(a)(2)) is
amended by striking ‘‘the statistical report required
by section’’ and inserting ‘‘with section 422(b)(9)
or’’.
(3) Section 472(d) (42 U.S.C. 672(d)) is
amended 
by 
striking 
‘‘427(b)’’ 
and 
inserting
‘‘422(b)(9)’’.
(e) EFFECTIVE DATE.—The amendments and repeal
made by this section shall be effective for fiscal years be-
ginning on or after October 1, 1994.
(f) CONSTRUCTION OF SECTION.—This section and
the amendments and repeal made by this section shall not
be construed to permit any State to interrupt the provision
of the foster care protections described in section 427 of
the Social Security Act, as in effect on the effective date
of such amendments and repeal.
SEC. 13214. STATES REQUIRED TO REPORT ON MEASURES
TAKEN TO COMPLY WITH THE INDIAN CHILD
WELFARE ACT.
(a) STATE PLAN REQUIREMENT.—Section 422(b)
(42 U.S.C. 622(b)), as amended by section 13213(a) of
this Act, is amended—
139
(1) by striking ‘‘and’’ at the end of paragraph
(8);
(2) by striking the period at the end of para-
graph (9) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(10) contain a description, developed after
consultation with tribal organizations (as defined in
section 4 of the Indian Self-Determination and Edu-
cation Assistance Act) in the State, of the specific
measures taken by the State to comply with the In-
dian Child Welfare Act.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective with respect to calendar
quarters beginning on or after October 1, 1994.
SEC. 13215. CHILD WELFARE TRAINEESHIPS.
(a) IN GENERAL.—Part B of title IV (42 U.S.C.
620–628) is amended by inserting after section 428 the
following:
‘‘SEC. 429. CHILD WELFARE TRAINEESHIPS.
‘‘The Secretary may approve an application for a
grant to a public or nonprofit institution for higher learn-
ing to provide traineeships with stipends under section
426(a)(1)(C) only if the application—
‘‘(1) provides assurances that each individual
who receives a stipend with such traineeship (in this
141
lection fees (in accordance with regulations pro-
mulgated by the Secretary);
‘‘(2) provides assurances that the institution
will—
‘‘(A) enter into agreements with child wel-
fare agencies for onsite training of recipients;
‘‘(B) permit an individual who is employed
in the field of child welfare services to apply for
a traineeship with a stipend if the traineeship
furthers the progress of the individual toward
the completion of degree requirements; and
‘‘(C) develop and implement a system that,
for the 3-year period that begins on the date
any student completes a child welfare services
program of study, tracks the employment
record of the student, for the purpose of deter-
mining the percentage of students who secure
employment in the field of child welfare services
and remain employed in the field.’’.
(b) 
CONFORMING
AMENDMENT.—Section
426(a)(1)(C) (42 U.S.C. 626(a)(1)(C)) is amended by in-
serting ‘‘described in section 429’’ after ‘‘including
traineeships’’.
142
(c) APPLICABILITY.—The amendments made by this
section shall apply to grants awarded on or after April
1, 1994.
SEC. 13216. DISSOLVED ADOPTIONS.
(a) ELIGIBILITY FOR FOSTER CARE MAINTENANCE
PAYMENTS.—Section 472 (42 U.S.C. 672) is amended—
(1) in subsection (b), by inserting ‘‘or (i)’’ after
‘‘subsection (a)’’; and
(2) by adding at the end the following:
‘‘(i) Any State with a plan approved under this part
may make foster care maintenance payments under this
part on behalf of a child—
‘‘(1) with respect to whom such payments were
previously made;
‘‘(2) whose adoption has been set aside by a
court;
‘‘(3) who meets the requirements of paragraphs
(1), (2), and (3) of subsection (a); and
‘‘(4) who fails to meet the requirements of sub-
section (a)(4) but would meet such requirements
if—
‘‘(A) the child were treated as if the child
were in the same financial and other cir-
cumstances the child was in the last time the
143
child was determined eligible for such pay-
ments; and
‘‘(B) the adoption were treated as having
never occurred.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to payments under part E of title
IV of the Social Security Act in fiscal years beginning on
or after October 1, 1995.
SEC. 13217. TIME FRAME FOR JUDICIAL DETERMINATIONS
ON VOLUNTARY PLACEMENTS.
(a) IN GENERAL.—Section 472(e) (42 U.S.C. 672(e))
is amended—
(1) by striking ‘‘No’’ and inserting ‘‘(1) Except
as provided in paragraph (2), no’’; and
(2) by adding at the end the following:
‘‘(2) If the judicial determination referred to in
paragraph (1) is made after the 180-day period de-
scribed therein, the payments referred to therein
may not be made for the period that begins at the
end of the 180-day period and ends 180 days after
the date of the judicial determination, but shall (un-
less otherwise prohibited) be made for periods there-
after.’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall be effective with respect to foster care
144
maintenance payments made, under State plans in fiscal
year 1996 and succeeding fiscal years, on behalf of chil-
dren placed in foster care on or after October 1, 1995.
SEC. 13218. STUDY OF REASONABLE EFFORTS.
(a) IN GENERAL.—The Secretary of Health and
Human Services shall conduct a study of the implementa-
tion by the States of section 471(a)(15) of the Social Secu-
rity Act, giving particular attention to—
(1) standards used by States in determining
what action to take, and whether and for how long
to continue efforts—
(A) before the placement of a child in fos-
ter care, to prevent or eliminate the need for re-
moval of the child from the home of the child;
and
(B) to return a child home rather than to
seek some other planned, permanent placement;
and
(2) the responses of the courts to the State ac-
tions described in paragraph (1) of this subsection,
including whether such responses facilitate or im-
pede the achievement by State agencies of the objec-
tives of such section 471(a)(15).
(b) REPORT AND RECOMMENDATIONS.—Within 18
months after the date of the enactment of this Act, the
145
Secretary of Health and Human Services shall submit to
the Congress a report, with such recommendations as the
Secretary finds appropriate, based on the results of the
study required by subsection (a) of this section, which de-
scribes State practices that the Secretary has found effec-
tive in achieving the objectives of section 471(a)(15) of
the Social Security Act, and, if appropriate, shall set forth
model practices for consideration by the States.
SEC. 13219. ENHANCED MATCH FOR AUTOMATED DATA
SYSTEMS.
(a) PAYMENTS TO STATES.—
(1) 
IN
GENERAL.—Section 
474(a)(3) 
(42
U.S.C. 674(a)(3)) is amended—
(A) by striking ‘‘and’’ at the end of sub-
paragraph (B);
(B) by redesignating subparagraph (C) as
subparagraph (E); and
(C) by inserting after subparagraph (B)
the following:
‘‘(C) 90 percent of so much of such ex-
penditures as are for the planning, design, de-
velopment, or installation of statewide mecha-
nized data collection and information retrieval
systems (including 90 percent of the full
amount of expenditures for hardware compo-
146
nents for such systems) but only to the extent
that such systems—
‘‘(i) meet the requirements imposed
by regulations promulgated pursuant to
section 479(b)(2);
‘‘(ii) to the extent practicable, are ca-
pable of interfacing with the State data
collection system that collects information
relating to child abuse and neglect;
‘‘(iii) to the extent practicable, have
the capability of interfacing with, and re-
trieving information from, the State data
collection system that collects information
relating to the eligibility of individuals
under part A (for the purposes of facilitat-
ing verification of eligibility of foster chil-
dren); and
‘‘(iv) are determined by the Secretary
to be likely to provide more efficient, eco-
nomical, and effective administration of
the programs carried out under a State
plan approved under part B or this part;
and
‘‘(D) 50 percent of so much of such ex-
penditures as are for the operation of the state-
147
wide mechanized data collection and informa-
tion retrieval systems referred to in subpara-
graph (C); and’’.
(2) TREATMENT OF STATE EXPENDITURES FOR
DATA
COLLECTION
AND
INFORMATION
RETRIEVAL
SYSTEMS.—Section 474 (42 U.S.C. 674), as amend-
ed by section 13224 of this Act, is amended by add-
ing at the end the following:
‘‘(c) AUTOMATED
DATA
COLLECTION
EXPENDI-
TURES.—The Secretary shall treat as necessary for the
proper and efficient administration of the State plan all
expenditures of a State necessary in order for the State
to plan, design, develop, install, and operate data collec-
tion and information retrieval systems described in sub-
section (a)(3)(C), without regard to whether the systems
may be used with respect to foster or adoptive children
other than those on behalf of whom foster care mainte-
nance payments or adoption assistance payments may be
made under this part.’’.
(3) EFFECTIVE DATE.—The amendments made
by this subsection shall apply to expenditures during
fiscal years 1994, 1995, and 1996.
(b) TERMINATION OF ENHANCED MATCH.—
(1) IN
GENERAL.—Section 474(a)(3)(C) (42
U.S.C. 674(a)(3)(C)), as amended by subsection (a)
148
of this section, is amended by striking ‘‘90 percent’’
each place such term appears and inserting ‘‘50 per-
cent’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall apply to expenditures during
fiscal years beginning on or after October 1, 1996.
SEC. 13220. PERIODIC REEVALUATION OF FOSTER CARE
MAINTENANCE PAYMENTS.
(a) IN GENERAL.—Section 471(a)(11) (42 U.S.C.
671(a)(11)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(11)’’;
(2) by striking ‘‘and amounts paid as foster
care maintenance payments and adoption assist-
ance’’; and
(3) by adding at the end the following:
‘‘(B) provides that, at least once every 3 years,
the State agency will review the amount paid as fos-
ter care maintenance payments and adoption assist-
ance payments to ensure their continuing appro-
priateness, and will submit to the Secretary (and
make available to the public) a report on the results
of the review, in such form and manner as the Sec-
retary may by regulation require, which contains, at
a minimum—
149
‘‘(i) a statement of the manner in which
the foster care maintenance payment level is de-
termined, including information on the cost of
foster care with respect to which such payments
are made;
‘‘(ii) information on the amount of the
basic foster care maintenance payment level,
and as to whether such payment level includes
an amount to cover the cost of clothing, and
whether such payment level varies by the type
of care or the special needs or age of the child,
and, if so, the payment levels for each special
needs, care, or age category;
‘‘(iii) if such payments are not made at a
different rate for children who test positive for
human immunodeficiency virus, have acquired
immune deficiency syndrome, are addicted to
drugs, suffer from complications due to expo-
sure to drugs or alcohol, or have other severe
special needs, the reasons therefor; and
‘‘(iv) information on any limitations im-
posed by the State on adoption assistance pay-
ment levels;’’.
150
(b) EFFECTIVE DATE.—The amendment made by
this section shall be effective with respect to calendar
quarters beginning on or after October 1, 1994.
SEC. 13221. DISPOSITIONAL HEARING.
Section 475(5)(C) (42 U.S.C. 675(5)(C)) is amended
by striking ‘‘periodically’’ and inserting ‘‘not less fre-
quently than every 12 months’’.
SEC. 13222. HEALTH CARE PLANS FOR FOSTER CHILDREN.
(a) IN GENERAL.—Section 475(1)(C) (42 U.S.C.
675(1)(C)) is amended—
(1) in clause (vii), by striking ‘‘and’’; and
(2) by redesignating clause (viii) as clause (ix)
and inserting after clause (vii) the following:
‘‘(viii) a record indicating that the child’s
foster care provider was advised (where appro-
priate) of the child’s eligibility for early and
periodic screening, diagnostic, and treatment
services under title XIX; and’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall apply to case plans established or re-
viewed on or after January 1, 1994.
SEC. 13223. INDEPENDENT LIVING.
(a) TREATMENT
OF ASSETS
OF PARTICIPATING
YOUTHS.—Section 477 (42 U.S.C. 677) is amended—
151
(1) by redesignating subsection (i) as subsection
(j); and
(2) by inserting after subsection (h) the follow-
ing:
‘‘(i) Notwithstanding any other provision of this title,
with respect to a child who is included in a program estab-
lished by a State agency under subsection (a), an amount
of the assets of the child which would otherwise be re-
garded as resources for purposes of determining eligibility
for benefits under this title may be disregarded for the
purpose of allowing the child to establish a household, pur-
sue education, or otherwise complete the transition to
independent living. The amount disregarded may not ex-
ceed an amount determined by the State agency to be rea-
sonable for such purposes.’’.
(b) PERMANENT EXTENSION OF PROGRAM.—Section
477 (42 U.S.C. 677) is amended—
(1) in subsection (a)(1), by striking the 3rd
sentence;
(2) in subsection (c), by striking ‘‘of the fiscal
years 1988 through 1992’’ and inserting ‘‘succeed-
ing fiscal year’’;
(3) in subsection (e)(1)(A), by striking ‘‘each of
the fiscal years 1987 through 1992’’ and inserting
‘‘fiscal year 1987 and any succeeding fiscal year’’;
152
(4) in subsection (e)(1)(B), by striking ‘‘fiscal
years 1991 and 1992’’ and inserting ‘‘fiscal year
1991 and any succeeding fiscal year’’; and
(5) in subsection (e)(1)(C)(ii), by striking ‘‘fis-
cal year 1992’’ and inserting ‘‘any succeeding fiscal
year’’.
(c) EFFECTIVE DATES.—
(1) TREATMENT OF ASSETS OF PARTICIPATING
YOUTHS.—The amendments made by subsection (a)
shall apply to activities in fiscal years beginning on
or after October 1, 1995.
(2) PERMANENT
EXTENSION
OF
PROGRAM.—
The amendments made by subsection (b) shall apply
to activities engaged in on or after October 1, 1992.
SEC. 13224. ELIMINATION OF FOSTER CARE CEILINGS AND
OF AUTHORITY TO TRANSFER UNUSED FOS-
TER CARE FUNDS TO CHILD WELFARE SERV-
ICES PROGRAMS.
(a) REPEAL.—Subsections (b) and (c) of section 474
(42 U.S.C. 674 (b) and (c)) are hereby repealed.
(b) CONFORMING AMENDMENTS.—Section 474 (42
U.S.C. 674) is amended—
(1) in subsection (d)(1)—
(A) by striking ‘‘subsections (a), (b), and
(c)’’ and inserting ‘‘subsection (a)’’; and
153
(B) by striking ‘‘the provisions of such
subsections’’ and inserting ‘‘subsection (a)’’;
and
(2) by redesignating subsection (d) as sub-
section (b).
(c) EFFECTIVE DATE.—The amendments and repeal
made by this section shall apply to payments for calendar
quarters beginning on or after October 1, 1993.
SEC. 13225. TRAINING OF AGENCY STAFF AND FOSTER
AND ADOPTIVE PARENTS.
(a) IN GENERAL.—Section 8006(b) of the Omnibus
Budget Reconciliation Act of 1989 (42 U.S.C. 674 note)
is amended by striking ‘‘, and before October 1, 1992’’.
(b) RETROACTIVE APPLICABILITY.—The Social Secu-
rity Act shall be applied and administered as if the amend-
ment made by subsection (a) had been made on October
1, 1992.
SEC. 13226. ON-SITE REVIEWS AND AUDITS OF STATE
CLAIMS FOR FOSTER CARE AND ADOPTION
ASSISTANCE.
(a) ON-SITE REVIEWS
AND AUDITS
OF STATE
CLAIMS.—Section 474 (42 U.S.C. 674), as amended by
sections 13224 and 13219(a)(2) of this Act, is amended—
(1) by redesignating subsection (c) as sub-
section (d); and
154
(2) by inserting after subsection (b) the follow-
ing:
‘‘(c) ON-SITE REVIEWS
AND AUDITS
OF STATE
CLAIMS FOR PAYMENT.—
‘‘(1) 
REGULATIONS
SPECIFYING
REVIEW
STANDARDS.—The Secretary shall promulgate regu-
lations applicable to on-site reviews and audits of
State expenditures for foster care maintenance pay-
ments and adoption assistance payments under this
part, which specify—
‘‘(A) the criteria to be used to determine
the appropriateness of expenditures identified in
sampled case files;
‘‘(B) the criteria to be used to determine
the appropriateness of expenditures for child
placement services and plan administration; and
‘‘(C) the types of erroneous expenditures
which will be disregarded for purposes of deter-
mining the appropriateness of payments under
this part (including erroneous payments result-
ing from the State’s reliance upon and correct
use of formal written statements of Federal law
or policy provided to the State by the Sec-
retary).
155
‘‘(2) DEVELOPMENT
AND
PUBLICATION
OF
WRITTEN STANDARDS AND PROCEDURES.—The Sec-
retary, after consultation with organizations rep-
resenting State and local governmental agencies with
responsibility for foster care and adoption services
and other relevant agencies and organizations, shall
develop and furnish to State agencies a written de-
scription of the methods and procedures to be used
in the on-site audits and reviews referred to in para-
graph (1), which specify—
‘‘(A) the methods and procedures to be
used to select a sample of case files for review
or audit;
‘‘(B) the procedures to be used in review-
ing or auditing sampled case files to determine
erroneous expenditures;
‘‘(C) the procedures to be used to review or
audit State expenditures for child placement
services and plan administration; and
‘‘(D) the methodology to be used to ex-
trapolate from review or audit findings to all
expenditures under the State plan.
‘‘(3) ADVANCE NOTICE TO STATES.—The Sec-
retary shall not, in a review or audit of State ex-
penditures during a fiscal year, use any criterion
156
specified pursuant to paragraph (1), or any proce-
dure or methodology specified pursuant to para-
graph (2), which was not published in final regula-
tions or furnished in writing to the State (as appli-
cable) at least 3 months before the beginning of the
fiscal year.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply to expenditures in fiscal years
beginning on or after October 1, 1994.
SEC. 13227. CONFORMITY REVIEWS.
(a) IN GENERAL.—Part A of title XI (42 U.S.C.
1301–1320b–13) is amended by inserting after section
1122 the following:
‘‘SEC. 1123. REVIEWS OF CHILD AND FAMILY SERVICES
PROGRAMS, AND OF FOSTER CARE AND
ADOPTION 
ASSISTANCE 
PROGRAMS, 
FOR
COMPLIANCE WITH STATE PLAN REQUIRE-
MENTS.
‘‘(a) IN GENERAL.—The Secretary shall not impose
a financial penalty on any State for any failure of the
State programs under parts B and E of title IV to comply
with any requirement of any State plan approved under
such part B or E, except pursuant to final regulations,
developed after consultation with State agencies admin-
157
istering such programs, which meet the requirements of
this section.
‘‘(b) ELEMENTS OF REVIEW SYSTEM.—The regula-
tions referred to in subsection (a) shall—
‘‘(1) specify the timetable for compliance re-
views of State programs, which—
‘‘(A) shall provide for annual reviews of
each State program during the 1st 2 years of
operation;
‘‘(B) shall provide for review of a State
program not later than 1 year following a re-
view in which the State program was found not
to be in substantial compliance with plan re-
quirements; and
‘‘(C) may provide for less frequent reviews
of State programs which have been found to be
in substantial compliance with plan require-
ments, but shall permit the Secretary to rein-
state more frequent reviews based on informa-
tion which indicates that the State program
may not be in compliance with plan require-
ments;
‘‘(2) specify the plan requirements subject to
review, and the criteria to be used to measure com-
pliance with such requirements and to determine
158
whether there is a substantial failure to comply with
a plan requirement;
‘‘(3) specify the method to be used to determine
the financial penalty to be imposed (subject to para-
graph (4)) for a failure to comply with plan require-
ments, which ensures that—
‘‘(A) a financial penalty will not be im-
posed with respect to a program, unless it is de-
termined that the program fails substantially to
so comply;
‘‘(B) a financial penalty will not be im-
posed for a failure to so comply resulting from
the State’s reliance upon and correct use of for-
mal written statements of Federal law or policy
provided to the State by the Secretary; and
‘‘(C) the amount of financial penalty is re-
lated to the extent of the noncompliance; and
‘‘(4) require the Secretary, with respect to any
State found to have failed substantially to comply
with plan requirements—
‘‘(A) to afford the State an opportunity to
adopt and implement a corrective action plan,
approved by the Secretary, designed to end the
noncompliance;
161
SEC. 13228. REPEAL OF ANNUAL REPORT ON VOLUNTARY
PLACEMENT.
Section 102(e) of the Adoption Assistance and Child
Welfare Act of 1980 (42 U.S.C. 672 note) is hereby re-
pealed.
SEC. 13229. DEMONSTRATION PROJECTS.
Part A of title XI (42 U.S.C. 1301–1320b–13) is
amended by inserting after section 1128B the following:
‘‘SEC. 1129. DEMONSTRATION PROJECTS.
‘‘(a) IN GENERAL.—The Secretary may authorize not
more than 10 States to conduct demonstration projects
pursuant to this section which the Secretary finds are like-
ly to promote the objectives of part B or E of title IV.
‘‘(b) WAIVER
AUTHORITY.—The Secretary may
waive compliance with any requirement of part B or E
of title IV which (if applied) would prevent a State from
carrying out a demonstration project under this section
or prevent the State from effectively achieving the purpose
of such a project, except that the Secretary may not
waive—
‘‘(1) any provision of section 427 (as in effect
before October 1, 1994), section 422(b)(9) (as in ef-
fect after such date), or section 479; or
‘‘(2) any provision of such part E, to the extent
that the waiver would impair the entitlement of any