Page:United States Statutes at Large Volume 114 Part 5.djvu/677

 PUBLIC LAW 106-554—APPENDIX G 114 STAT. 2763A-637 for 1999 has or will result in a shortfall in payments to beneficiaries of an applicable Federal benefit program administered by such agency. Not later than 30 days after such date, the head of such agency shall submit a report to the Director and to each House of the Congress of such determination, together with a complete description of the nature of the shortfall. (c) IMPLEMENTATION PURSUANT TO AGENCY REPORTS. — Upon receipt of the report submitted by a Federal agency pursuant to subsection (b), the Director shall review the initial determination of the agency, the agency's description of the nature of the shortfall, and the compensation payments proposed by the agency. Prior to directing payment of such payments pursuant to subsection (a), the Director shall make appropriate adjustments (if any) in the compensation payments proposed by the agency that the Director determines are necessary to comply with the requirements of subsection (a) and transmit to the agency a summary report of the review, indicating any adjustments made by the Director. The agency shall make the compensation payments as directed by the Director pursuant to subsection (a) in accordance with the Director's summary report. (d) INCOME DISREGARD UNDER FEDERAL MEANS-TESTED BENE- FIT PROGRAMS.— ^A payment made under this section to compensate for a shortfall in benefits shall, in accordance with guidelines issued by the Director pursuant to this section, be disregarded in determining income under title VIII of the Social Security Act or any applicable Federal benefit program that is means-tested, (e) FUNDING. —Funds otherwise available under each applicable Federal benefit program for making benefit payments under such program are hereby made available for making compensation pay- ments under this section in connection with such program. (f) No JUDICIAL REVIEW.— No action taken pursuant to this section shall be subject to judicial review. (g) DIRECTOR'S REPORT. —Not later than April 1, 2001, the Director shall submit to each House of the Congress a report on the activities performed by the Director pursuant to this section. (h) DEFINITIONS.— For purposes of this section: (1) APPLICABLE FEDERAL BENEFIT PROGRAM. —The term "applicable Federal benefit program" means any program of the Government of the United States providing for regular or periodic payments or cash assistance paid directly to individual beneficiaries, as determined by the Director of the Office of Management and Budget. (2) FEDERAL AGENCY.— The term "Federal agency" means a department, agency, or instrumentality of the Government of the United States. (3) CPI COMPUTATION ERROR FOR 1999.—The term "CPI computation error for 1999" means the error in the computation of the Consumer Price Index announced by the Bureau of Labor Statistics on September 28, 2000. (i) TAX PROVISIONS. —In the case of taxable years (and other periods) beginning after December 31, 2000, if any Consumer Price Index (as defined in section 1(f)(5) of the Internal Revenue Code of 1986) reflects the CPI computation error for 1999— (1) the correct amount of such Index shall (in such manner and to such extent as the Secretary of the Treasury determines to be appropriate) be taken into account for purposes of such Code, and

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