P.L. 96-481 pant under this subchapter is not recognized in determining that pro rata share, then subsections (a) and (b) of this section shall not apply to such former spouse. Otherwise, subsections (a) and (b) of this section shall apply. (e) If a participant dies after completing at least 18 months of service or a former participant dies entitled to a deferred annuity, but before becoming eligible to receive the annuity, and such participant or former participant has left with the Secretary of State a spousal agreement promising a share of a survivor annuity under subchapter IV, chapter 84, title 5, United States Code, to a former spouse, such survivor annuity shall be paid under the terms of this subchapter as if the survivor annuity had been ordered by a court. SEC. 862 [22 U.S.C. 4071k] SPOUSAL AGREEMENTS.—A spousal agreement is any written agreement (properly authenticated as determined by the Secretary of State) between a participant or former participant and his or her spouse or former spouse on file with the Secretary of State. A spousal agreement shall be consistent with the terms of this Act and applicable regulations and, if executed at the time a participant or former participant is currently married, shall be approved by such current spouse. It may be used to fix the level of benefits payable under this subchapter to a spouse or former spouse. [Internal References.-S.S. Act §§202(b), (c), (e), (f), and (g), and 210(a) cite the Foreign Service Act of 1980.] P.L. 96-481, Approved October 21, 1980 (94 Stat. 2321) Title II-Equal Access to Justice Act SEC. 201 [5 U.S.C. 504 note] This title may be cited as the “Equal Access to Justice Act". FINDINGS AND PURPOSE SEC. 202 [5 U.S.C. 504 note] (a) The Congress finds that certain individuals, partnerships, corporations, and labor and other organizations may be deterred from seeking review of, or defending against, unreasonable governmental action because of the expense involved in securing the vindication of their rights in civil actions and in administrative proceedings. (b) The Congress further finds that because of the greater resources and expertise of the United States the standard for an award of fees against the United States should be different from the standard governing an award against a private litigant, in certain situations. (c) It is the purpose of this title (1) to diminish the deterrent effect of seeking review of, or defending against, governmental action by providing in specified situations an award of attorney fees, expert witness fees, and other costs against the United States; and (2) to insure the applicability in actions by or against the United States of the common law and statutory exceptions to the “American rule" respecting the award of attorney fees. EFFECT ON OTHER LAWS P.L. 96-481 SEC. 206 [28 U.S.C. 2412 note] (a) Except as provided in subsection (b), nothing in section 2412(d) of title 28, United States Code, as added by section 204(a) of this title, alters, modifies, repeals, invalidates, or supersedes any other provision of Federal law which authorizes an award of such fees and other expenses to any party other than the United States that prevails in any civil action brought by or against the United States. (b) Section 206(b) of the Social Security Act (42 U.S.C. 406(b)(1)) shall not prevent an award of fees and other expenses under section 2412(d) of title 28, United States Code. Section 206(b)(2) of the Social Security Act shall not apply with respect to any such award but only if, where the claimant's attorney receives fees for the same work under both section 206(b) of that Act and section 2412(d) of title 28, United States Code, the claimant's attorney refunds to the claimant the amount of the smaller fee. EFFECTIVE DATE AND APPLICATION SEC. 208 [5 U.S.C. 504 note] This title and the amendments made by this title shall take effect of 66 October 1, 1981, and shall apply to any adversary adjudication, as defined in section 504(b)(1)(C) of title 5, United States Code, and any civil action or adversary adjudication described in section 2412 of title 28, United States Code, which is pending on, or commenced on or after, such date. Awards may be made for fees and other expenses incurred before October 1, 1981, in any such adversary adjudication or civil action. [Internal Reference.-S.S. Act §206(b) has a footnote referring to P.L. 96-481.] P.L. 96-499, Approved December 5, 1980 (94 Stat. 2599) Omnibus Reconciliation Act of 1980 * SHORT TITLE; TABLE OF CONTENTS OF TITLE SEC. 900 [42 U.S.C. 1305 note] This title may be cited as the "Medicare and Medicaid Amendments of 1980". SEC. 952 * * * * (b) [42 U.S.C. 1395x note] Unless the Secretary of Health and Human Services first publishes final regulations prescribing the criteria and procedures described in the last sentence of section 1861(v)(1)(I) of the Social Security Act by January 1, 1983, after providing a period of not less than 60 days for public comment on proposed regulations, the amendment made by subsection (a) shall only apply to books, documents, and records relating to services furnished (pursuant to contract or subcontract) on or after the date on which final regulations of the Secretary are first published. * * * CERTIFICATION OF STATE UNEMPLOYMENT LAWS 66 As in original. Probably should be "on". P.L. 97-35 SEC. 1025 [26 U.S.C. 3304 note] On October 31 of any taxable year after 1980, the Secretary of Labor shall not certify any State, as provided in section 3304(c) of the Internal Revenue Code of 1986, which, after reasonable notice and opportunity for a hearing to the State agency, the Secretary of Labor finds has failed to amend its law so that it contains each of the provisions required by reason of the enactment of the preceding provisions of this subtitle to be included therein, or has with respect to the 12-month period ending on such October 31, failed to comply substantially with any such provision. * [Internal References.-S.S. Act §1201 catchline and §§303(e) and 1861(v) have footnotes referring to P.L. 96-499.] P.L. 96-598, Approved December 24, 1980 (94 Stat. 3485) [Tread Rubber Excise Tax Refunds] TREATMENT OF BONNER'S FERRY RESTORIUM UNDER THE SUPPLEMENTARY SECURITY INCOME PROGRAM SEC. 4 [None assigned] (a) TREATMENT AS NON-PUBLIC INSTITUTION.-For purposes of title XVI of the Social Security Act, the Boundary County Restorium (popularly known as the Bonner's Ferry Restorium) in Bonner's Ferry, Idaho, shall not be considered a public institution (within the meaning of section 1611(eX1X(C) of such Act). (b) EFFECTIVE DATE.-Subsection (a) shall apply to supplemental security income benefits payable under title XVI of the Social Security Act for months beginning with November 1980. * [Internal Reference.-S.S. Act §1611(e) has a footnote referring to P.L. 96-598. ] P.L. 97-35, Approved August 13, 1981 (95 Stat. 483) SEC. 673 [42 U.S.C. 9902] For purposes of this subtitle: (2) The term "poverty line" means the official poverty line defined by the Office of Management and Budget based on Bureau of the Census data. The Secretary shall revise the poverty line annually (or at any shorter interval the Secretary deems feasible and desirable) which shall be used as a criterion of eligibility in community service block grant programs. The required revision shall be accomplished by multiplying the official poverty line by the percentage change in the Consumer Price Index For All Urban Consumers during the annual or other interval immediately preceding the time at which the revision is made. Whenever the State determines that it serves the objectives of the block grant established by this subtitle the State may revise the poverty line to not to exceed 125 percent of the official poverty line otherwise applicable under this paragraph. P.L. 97-35 (4) The term "Secretary" means the Secretary of Health and Human Services. * APPLICATIONS AND REQUIREMENTS SEC. 2605 [42 U.S.C. 8624] (f)(1) Notwithstanding any other provision of law unless enacted in express limitation of this paragraph, the amount of any home energy assistance payments or allowances provided directly to, or indirectly for the benefit of, an eligible household under this title shall not be considered income or resources of such household (or any member thereof) for any purpose under any Federal or State law, including any law relating to taxation, food stamps, public assistance, or welfare programs. (2) For purposes of paragraph (1) of this subsection and for purposes of determining any excess shelter expense deduction under section 5(e) of the Food Stamp Act of 1977 (7 U.S.C. 2014(e))—— (A) the full amount of such payments or allowances shall be deemed to be expended by such household for heating or cooling expenses, without regard to whether such payments or allowances are provided directly to, or indirectly for the benefit of, such household; and (B) no distinction may be made among households on the basis of whether such payments or allowances are provided directly to, or indirectly for the benefit of, any of such households. [Internal References.-S.S. Act §§202(i), 501(b), 1902(1), (m), and (u), 1905(p) and (s), 1916(c), 1924(d), and 1925(b) cite the Omnibus Budget Reconciliation Act of 1981, §501(b) cites the Maternal and Child Health Services Block Grant and S.S. Act §§1612(b) and 1613(a) catchlines and §§1002(a), 1402(a), and 1602(a)(State) have footnotes referring to P.L. 97-35. P.L. 88-525, §5(e) (this volume) has a footnote referring to P.L. 97-35.] P.L. 97-123, Approved December 29, 1981 (95 Stat. 1659) (e) [26 U.S.C. 3121 note] For purposes of applying section 209 of the Social Security Act, section 3121(a) of the Internal Revenue Code of 1954, and section 3231(e) of such Code with respect to the parenthetical matter contained in section 209(b)(2)67 of the Social Security Act or section 3121(a)(2)(B) of the Internal Revenue Code of 1954, or with respect to section 3231(e)(4) of such Code (as the case 67 P.L. 98-21, §324(c)(3)(A), redesignated $209(b)(2) as $209(bX1). P.L. 101-239. $10208(d)(1)(J), redesignated subsection (b) of $209 as paragraph (2) of §209(a) and $10208(d)(1)(B), redesignated §209(b)(1) as §209(a)(2)(A). P.L. 97-248 may be), payments under a State temporary disability law shall be treated as remuneration for service. [Internal Reference.-S.S. Act §209(a)(2)(A) has a footnote referring to P.L. 97123. ] P.L. 97-248, Approved September 3, 1982 (96 Stat. 324) Tax Equity and Fiscal Responsibility Act of 1982 SEC. 111 (a) [42 U.S.C. 1395x note] The Secretary of Health and Human Services shall, pursuant to section 1861(v)(2) of the Social Security Act, not allow as a reasonable cost the estimated amount by which the costs incurred by a hospital or skilled nursing facility for nonmedically necessary private accommodations for medicare beneficiaries exceeds the costs which would have been incurred by such hospital or facility for semiprivate accommodations. * SEC. 114 [42 U.S.C. 1395mm note] (c) (2)(A) In the case of an eligible organization which has in effect an existing cost contract (as defined in paragraph (3)(A)) on the initial effective date, the organization may receive payment under a new risk-sharing contract with respect to a current, nonrisk medicare enrollee (as defined in subparagraph (C)) only to the extent that the organization enrolls, for each such enrollee, two new medicare enrollees (as defined in subparagraph (D)). The selection of those current nonrisk medicare enrollees with respect to whom payment may be so received under a new risk-sharing contract shall be made in a nonbiased manner. (B) Subparagraph (A) shall not be construed to prevent an eligible organization from providing for enrollment, on a basis described in subsection (a)(6) of section 1876 of the Social Security Act (as amended by this Act, other than under a reasonable cost reimbursement contract), of current, nonrisk medicare enrollees and from providing such enrollees with some or all of the additional benefits described in section 1876(g)(2) of the Social Security Act (as amended by this Act), but (except as provided in subparagraph (A))—– (i) payment to the organization with respect to such enrollees shall only be made in accordance with the terms of a reasonable cost reimbursement contract, and (ii) no payment may be made under section 1876 of such Act with respect to such enrollees for any such additional benefits. Individuals enrolled with the organization under this subparagraph shall be considered to be individuals enrolled with the organization for the purpose of meeting the requirement of section 1876(g)(2) of the Social Security Act (as amended by this Act). (C) For purposes of this paragraph, the term "current, nonrisk medicare enrollee" means, with respect to an organization, an individual who on the initial effective date (i) is enrolled with that organization under an existing cost contract, and |