Page:United States Statutes at Large Volume 101 Part 1.djvu/797

 PUBLIC LAW 100-119—SEPT. 29, 1987 >

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101 STAT. 767

"(B) PROHIBITION AGAINST RECOUPMENT.—Notwithstand-

ing subparagraph (A), if an amount required to be withheld is paid, no recoupment shall be made against an individual to whom payment was made. "(C) EFFECT OF LUMP-SUM PAYMENTS ON NEEDS-RELATED

PROGRAMS.—Lump-sum payments made under the last sentence of subparagraph (A) shall not be considered as income or resources or otherwise taken into account in determining the eligibility of any individual for aid, assistance, or benefits under any Federal or federally assisted program which conditions such eligibility to any extent upon the income or resources of such individual or his or her family or household, or in determining the amount or duration of such aid, assistance, or benefits. '(b) ISSUANCE OF FINAL ORDER.—

"(1) IN GENERAL.—On October 15 of the fiscal year (or on November 20, 1987, in the case of fiscal year 1988), after the submission of the revised report by the Director of OMB under section 251(c)(2), the President shall issue a final order under this section to make all of the reductions and sequestrations specified in such report, but only to the extent and in the manner provided in such report. The order issued under this subsection— "(A) shall include the same reductions and sequestrations i as the initial order issued under subsection (a), adjusted to the extent necessary to take account of any changes in relevant amounts or percentages determined by the Director of OMB in the revised report submitted under section 251(c)(2), and shall include a reduction in payments under the health care programs under title XVIII of the Social Security Act determined in accordance with subsection (a)(4)(B)(ii), "(B) shall make such reductions and sequestrations in strict accordance with the requirements of sections 251(a)(3) and (4), and "(C) shall utilize the same criteria and guidelines as those which were used in the issuance of such initial order under subsection (a). The provisions of section 251(a)(3) shall apply to the revised report submitted under section 251(c)(2) and to the order issued under this subsection in the same manner as such provisions apply to the initial report issued under section 251(a)(2)(B) and to the order issued under subsection (a). "(2) ORDER REQUIRED IF DEFICIT REDUCTION IS ACHIEVED.—If

the Director of OMB issues a revised report under section 251(c)(2) stating that as a result of laws enacted and regulations promulgated as final after August 15 of the calendar year in which such fiscal year begins (or October 10, 1987, in the case of fiscal year 1988) no deficit reduction is necessary to fully satisfy the requirements of section 251(a)(3)(A), the order issued under this subsection shall so state and shall make available for obligation and expenditure any amounts withheld pursuant to subsection (a)(4) or (a)(7). "(3) EFFECTIVE DATE OF FINAL ORDER.—

"(A) The final order issued by the President under paragraph (1) shall become effective on the date of its issuance.

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