Page:United States Statutes at Large Volume 118.djvu/559

 118 STAT. 529 PUBLIC LAW 108–203—MAR. 2, 2004 SEC. 413. REINSTATEMENT OF CERTAIN REPORTING REQUIREMENTS. Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (31 U.S.C. 1113 note) shall not apply to any report required to be submitted under any of the following provi sions of law: (1)(A) Section 201(c)(2) of the Social Security Act (42 U.S.C. 401(c)(2)). (B) Section 1817(b)(2) of the Social Security Act (42 U.S.C. 1395i(b)(2)). (C) Section 1841(b)(2) of the Social Security Act (42 U.S.C. 1395t(b)(2)). (2)(A) Section 221(c)(3)(C) of the Social Security Act (42 U.S.C. 421(c)(3)(C)). (B) Section 221(i)(3) of the Social Security Act (42 U.S.C. 421(i)(3)). SEC. 414. CLARIFICATION OF DEFINITIONS REGARDING CERTAIN SUR VIVOR BENEFITS. (a) WIDOWS.—Section 216(c) of the Social Security Act (42 U.S.C. 416(c)) is amended— (1) by redesignating subclauses (A) through (C) of clause (6) as subclauses (i) through (iii), respectively; (2) by redesignating clauses (1) through (6) as clauses (A) through (F), respectively; (3) in clause (E) (as redesignated), by inserting ‘‘except as provided in paragraph (2),’’ before ‘‘she was married’’; (4) by inserting ‘‘(1)’’ after ‘‘(c)’’; and (5) by adding at the end the following: ‘‘(2) The requirements of paragraph (1)(E) in connection with the surviving wife of an individual shall be treated as satisfied if— ‘‘(A) the individual had been married prior to the individ ual’s marriage to the surviving wife, ‘‘(B) the prior wife was institutionalized during the individ ual’s marriage to the prior wife due to mental incompetence or similar incapacity, ‘‘(C) during the period of the prior wife’s institutionaliza tion, the individual would have divorced the prior wife and married the surviving wife, but the individual did not do so because such divorce would have been unlawful, by reason of the prior wife’s institutionalization, under the laws of the State in which the individual was domiciled at the time (as determined based on evidence satisfactory to the Commissioner of Social Security), ‘‘(D) the prior wife continued to remain institutionalized up to the time of her death, and ‘‘(E) the individual married the surviving wife within 60 days after the prior wife’s death.’’. (b) WIDOWERS.—Section 216(g) of such Act (42 U.S.C. 416(g)) is amended— (1) by redesignating subclauses (A) through (C) of clause (6) as subclauses (i) through (iii), respectively; (2) by redesignating clauses (1) through (6) as clauses (A) through (F), respectively; (3) in clause (E) (as redesignated), by inserting ‘‘except as provided in paragraph (2),’’ before ‘‘he was married’’; (4) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 31 USC 1113 note.

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