text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/1025

 88 STAT. ]

PUBLIC LAW 93-647-JAN. 4, 1975

" (i) exceeds the lower of— " (I) 80 per centum of the median income of a family of four in the State, or " ( II) the median income of a family of four in the fifty States and the District of Columbia, adjusted, in accordance with regulations prescribed by the Secretary, to take into account the size of the family, and "(ii) does not exceed 115 per centum of the median income of a family of four in the State, adjusted, in accordance with regulations prescribed by the Secretary, to take into account the size of the family, unless a fee or other charge reasonably related to income is imposed on the individual for the provision of the service. The Secretary shall promulgate the median income of a family of four in each State and the fifty States and the District of Columbia applicable to payments with respect to expenditures in each fiscal year prior to the first day of the third month of the preceding fiscal year. "(7) No payment may be made under this section to any State with respect to any expenditure— " (A) for the provision of medical or any other remedial care, other than family planning services, unless it is an integral but subordinate part of a service described in paragraph (1) of this subsection and Federal financial participation with respect to the expenditure is not available under the plan of the State approved under title X IX; or " (B) for the purchase, construction, or major modification of any land, building or other facility, or fixed equipment; or (C) which is in the form of goods or services provided in kind by a private entity; or " (D) which is made from donated private funds, unless such funds—• " (i) are transferred to the State and are under its administrative control, and "(ii) are donated to the State without restrictions as to use, other than restrictions as to the services with respect to which the funds are to be used imposed by a donor who is not a sponsor or operator of a program to provide those services, or the geographic area in which the services with respect to which the contribution is used are to be provided, and "(iii) do not revert to the donor's facility or use if the donor is other than a nonprofit organization; or " (E) for the provision of room or board (except as provided by paragraph (11)(C)) other than room or board provided for a period of not more than six consecutive months as an integral but subordinate part of a service described in paragraph (1) of this subsection.

38-194 O - 76 - 65 Pt. 2

2341

^2 USC 1396.

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[88

STAT.

"(8) No payment may be made under this section with respect to any expenditure if payment is made with respect to that expenditure 62^. "^^ ^°^' ""d^r section 403 or 422 of this Act. "(9)(A) No payment may be made under this section with respect to any expenditure in connection with the provision of any child day care service, unless— " (i) in the case of care provided in the child's home, the care meets standards established by the State which are reasonably in accord with recommended standards of national standardsetting organizations concerned with the home care of children, or "(ii) in the case of care provided outside the child's home, the care meets the Federal interagency day care requirements as approved by the Department of Health, Education, and Welfare and the Office of Economic Opportunity on September 23, 1968; except that (I) subdivision III of such requirements with respect to educational services shall be recommended to the States and not required, and staffing standards for school-age children in day care centers may be revised by the Secretary, ( II) the staffing standards imposed with respect to such care in the case of children under age 3 shall conform to regulations prescribed by the Secretary, and ( III) the staffing standards imposed with respect to such care in the case of children aged 10 to 14 shall require at least one adult for each 20 children, and in the case of schoolaged children under age 10 shall require at least one adult for each 15 children, except as provided in subparagraph (B). " (B) The Secretary shall submit to the President of the Senate and the Speaker of the House of Representatives, after December 31, 1976, and prior to July 1, 1977, an evaluation of the appropriateness of the requirements imposed by subparagraph (A), together with any recommendations he may have for modification of those requirements. No earlier than ninety days after the submission of that report, the Secretary may, by regulation, make such modifications in the requirements imposed by subparagraph (A) as he determines are appropriate. " (C) The requirements imposed by this paragraph are in lieu of any requirements that would otherwise be applicable under section Ante, p. 2310. 522(d) of the Ecouomic Opportunity Act of 1964 to child day care services with respect to which payment is made under this section. "(10) No payment may be made under this section with respect to any expenditure for the provision of any educational service which the State makes generally available to its residents without cost and without regard to their income. "(11) No payment may be made under this section with respect to any expenditure for the provision of any service to any individual living in any hospital, skilled nursing facility, or intermediate care facility (including any such hospital or facility for mental diseases or for the mentally retarded), any prison, or any foster family home except—

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license: Creative Commons - Attribution Share-Alike - https://creativecommons.org/licenses/by-sa/4.0/


text:
Page:The Eurypterida of New York Volume 1.pdf/18

 Pohlman [1881, 1882, 1886] published descriptions of the following eurypterids from these rocks at Buffalo:

(= (Pohlman) C. & R.)

(= Hall)

(= Hall)

(= )

(= )

Huxley & Salter (= )

Grote & Pitt (= Hall)

While the splendid collection at Buffalo was being brought together and some part of its treasures made known by the publications referred to, other rocks of this State as well as of adjoining regions were giving evidence of the presence of very remarkable eurypterid remains.

In 1882 Whitfield recorded the occurrence of an Eurypterus in the Siluric waterlime of Ohio, which was fully described as  in the Report of the Geological Survey of Ohio, volume 7, 1893, and Walcott announced the discovery of a multispinose eurypterid leg in the Utica slate near Holland Patent, Oneida co., N. Y. The genus Echinognathus was proposed for this new type and the species described as.

In the same year Prof. D. S. Martin at a meeting of the New York Academy of Sciences reported that he had seen in the State Museum a head shield nearly a foot in length and breadth from the Catskill beds at Andes in Delaware co., N. Y. This was described and figured by Hall the following year as, a gigantic representative of a genus already known from the Ludlow beds of Scotland. Another carapace of this species from the Catskill beds of Pennsylvania was described the same year by Claypole as.

The next year [ 1884] James Hall described for the Second Geological Survey of Pennsylvania an interesting fauna of eurypterids found in the Productive Coal Measures. The first announcement of a eurypterid of


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/1027

 88

STAT.

]

PUBLIC LAW 93-647-JAN. 4, 1975

" (A) any expenditure for the provision of a service that (i) is provided by other than the hospital, facility, prison, or foster family home in which the individual is living, and (ii) is provided, under the State's program for the provision of the services described in paragraph (1), to individuals who are not living in a hospital, skilled nursing facility, intermediate care facility, prison, or foster family home, " (B) any expenditure which is for the cost, in addition to the cost of basic foster care, of the provision, by a foster family home, to an individual living in that home, of a service which meets a special need of that individual, as determined under regulations prescribed by the Secretary, and " (C) any expenditure for the provision of emergency shelter provided to a child, for not in excess of thirty days, as a protective service. "(12) No payment may be made under this section with respect to any expenditure for the provision of cash payments as a service. "(13) No payment may be made under this section with respect to any expenditure for the provision of any service to any individual to the extent that the provider of the service or the individual receiving the service is eligible to receive payment under title X VIII with respect to the provision of the service. "(b)(1) Prior to the beginning of each quarter the Secretary shall estimate the amount to which a State will be entitled under this section for that quarter on the basis of a report filed by the State containing its estimate of the amount to be expended during that quarter with respect to which payment must be made under this section, together with an explanation of the bases for that estimate. "(2) The Secretary shall then pay to the State, in such installments as he may determine, the amount so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to the State for any prior quarter and with respect to which adjustment has not already been made under this subsection. "(3) Upon the making of any estimate by the Secretary under this subsection, any appropriations available for payments under this section shall be deemed obligated.

2343

'•^ use 1395.

"PROGRAM REPORTIXG

"SEC. 2003. (a) Each State which participates in the program ^2 USC 1397b. established by this title shall make such reports concerning its use of Federal social services funds as the Secretary may by regulation provide." " (b) Each State which participates in the program established by this title shall assure that the aggregate expenditures from appropriated funds from the State and political subdivisions thereof for the provision of services during 6ach services program year (as established under the requirements of section 2002(a)(3)) with respect to which ^"'^» P- 2337. payment is made under section 2002 is not less than the aggregate expenditures from such appropriated funds for the provision of those services during the fiscal year ending June 30, 1973, or the fiscal year ending June 30, 1974, with respect to which payment was made under the plan of the State approved under title I, VI, X, X IV, or X VI, or part A of title IV, whichever is less, except that the requirements of '*2 USC 301,801, this subsection shall not apply to any State for any services program eoi.' year if the payment to the State under section 2002, for each fiscal year any part of which is included in that services program year, with

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Page:United States Statutes at Large Volume 88 Part 2.djvu/1028

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PUBLIC LAW 93-647-JAN. 4, 1975

[88

STAT.

respect to expenditures other than expenditures for personnel training or retraining directly related to the provision of services, equals the Ante, p. 2337. allotment of the State for that fiscal year under section 2002(a)(2). o'^ortunit''^^""^ "^^^ ^^^ ^^ ^^^ Secretary, after reasonable notice and an opportuoppor unity. ^^^^ ^^^ ^ hearing to the State, finds that there is a substantial failure to comply with any of the requirements imposed by subsections (a) and (b) of this section, he shall, except as provided in paragraph (2), notify the State that further payments will not be made to the State under section 2002 until he is satisfied that there will no longer be any such failure to comply, and until he is so satisfied he shall make no further payments to the State. Payments termi- «/£) x h e Secretary may suspend implementation of any termination, suspen-

sion.

42 USC 601, ^^°' i3g^^^'^ "^^'

. • / •

i

i

/1 \

i>

^

-

I

I

T

tion 01 payments under paragraph (1) tor such period as he determines appropriate and instead reduce the amount otherwise payable to the State under section 2002 for expenditures during that period by 3 per centum for each of subsections (a) and (b) of this section with respect to which there was a finding of substantial noncompliance and with respect to which he is not yet satisfied that there will no longer be any such failure to comply. " (d)(1) Each State which participates in the program established by this title shall have a plan applicable to its program for the provision of the services described m section 2002(a)(1) which— " (A) provides that an opportunity for a fair hearing before the appropriate State agency will be granted to any individual whose claim for any service described in section 2002(a)(1) is denied or is not acted upon with reasonable promptness; " (B) provides that the use or disclosure of information obtained in connection with administration of the State's program for the provision of the services described in section 2002(a)(1) concerning applicants for and recipients of those services will be restricted to purposes directly connected with the administration of that program, the plan of the State approved under part A of ti^ig lY^ the plan of the State developed under part B of that title, the supplemental security income program established by title X VI, or the plan of the State approved under title X IX; " (C) provides for the designation, by the chief executive officer of the State or as otherwise provided by the laws of the State, of an appropriate agency which will administer or supervise the administration of the State's program for the provision of the services described in section 2002(a)(1); " (D) provides that the State will, in the administration of its program for the provision of the services described in section 2002(a)(1), use such methods relating to the establishment and maintenance of personnel standards on a merit basis as are found by the Secretary to be necessary for the proper and efficient operation of the program, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, or compensation of any individual employed in accordance with such methods; " (E) provides that no durational residency or citizenship requirement will be imposed as a condition to participation in the program of the State for the provision of the services described in section 2002(a)(1); " (F) provides, if the State program for the provision of the services described in section 2002(a)(1) includes services to individuals living in institutions or foster homes, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such

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]

PUBLIC LAW 93-647-JAN. 4, 1975

2345

institutions or homes which are reasonably in accord with recommended standards of national organizations concerned with standards for such institutions or homes, including standards related to admissions policies, safety, sanitation, and protection of civil rights; " (G) provides, if the State program for the provision of the services described in section 2002(a)(1) includes child day care Ante, p. 2337. services, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such services which are reasonably in accord with recommended standards of national organizations concerned w4th standards for such services, including standards related to admission policies for facilities providing such services, safety, sanitation, and protection of civil rights; " (H) provides that the State's program for the provision of the services described in section 2002(a)(1) will be in effect in all political subdivisions of the State; and " (I) provides for financial participation by the State in the provision of the services described in section 2002(a)(1). Notwithstanding clause (C), if on December 1, 1974, the State agency which administered or supervised the administration of the portion of the plan of the State for services to the aged, blind, or disabled approved under title VI of this Act which related to blind individuals ^'^ use soi. was different from the agency which administered or supervised the administration of the rest of that plan, the State agency which administered or supervised the administration of the portion of the plan of the State for services to the aged, blind, or disabled related to blind individuals may be designated to administer or supervise the administration of the portion of the State's program for the provision of the services described in section 2002(a)(1) related to blind individuals and a separate State agency may be designated to administer or supervise the administration of the rest of the program; and in such case the part of the program which each agency administers, or the administration of which each agency supervises, shall be regarded as a separate program for the provision of the services described in section 2002(a)(1) for purposes of this title. The date selected by the State pursuant to section 2004(1) as the beginning of the services program ^°«'' P- 2346. year for each of the separate programs shall be the same. "(2) The Secretary shall approve any plan which complies with the provisions of paragraph (1). "(e)(1) No payment may be made under section 2002 to any State which does not have a plan approved under subsection (g). "(2) I n the case of any State plan which has been approved by the Secretary under subsection (d), if the Secretary, after reasonable Notice, hearing notice and an opportunity for a hearing to the State, finds— "^^""^ ""''^" " (A) that the plan no longer complies with the provisions of subsection (d)(1), or " (B) that in the administration of the plan there is a substantial failure to comply with any such provision, the Secretary shall, except as provided in paragraph (3), notify the State that further payments will not be made to the State under section 2002 until he is satisfied that there will no longer be any such failure to comply, and until he is so satisfied he shall make no further payments to the State. " (3) The Secretary may suspend implementation of any termination na^on'^sus^ in™'" of payments under paragraph (2) for such period as he determines sion. appropriate and instead reduce the amount otherwise payable to the

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text:
Author:Alfred Edward Thomas Watson

Works

 * (in part)
 * The Racing World and its Inhabitants
 * Watson, Alfred Thomas Edward, The Online Books Page, upenn.edu
 * Watson, Alfred Thomas Edward, The Online Books Page, upenn.edu

As editor

 * The Badminton Library
 * Badminton Magazine
 * Illustrated Sporting and Dramatic News

title: Author:Alfred Edward Thomas Watson


text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/1030

 2346

PUBLIC LAW 93-647 -- JAN. 4, 1975

[88 STAT.

Ante, p. 2337. State under section 2002 for expenditures during that period by 3 percent for each clause of subsection (d) (1) with respect to which there is a finding of noncompliance and with respect to which he is not yet satisfied that there will no longer be any such failure to comply.

"SERVICES PROGRAM PLANNING

42 USC 1397c. "SEC. 2004. A State's services program planning meets the require- ments of this section if, for the purpose of assuring public participation in the development of the program for the provision of the services described in section 2002 (a) (1) within the State—    " (1) the beginning of the fiscal year of either the Federal Gov- ernment or the State government is established as the beginning of the State's services program year; and "(2) at least ninety days prior to the beginning of the State's services program year, the chief executive officer of the State, or such other official as the laws of the State provide, publishes and makes generally available (as defined in regulations prescribed by the Secretary after consideration of State laws governing notice of actions by public officials) to the public a proposed comprehen- sive annual services program plan prepared by the agency desig- Ante, p. 2343. nated pursuant to the requirements of section 2003 (d) (1) (C) and, unless the laws of the State provide otherwise, approved by the chief executive officer, which sets forth the State's plan for the provision of the services described in section 2002 (a) (1) during that year, including— " (A) the objectives to be achieved under the program, " (B) the services to be provided under the program, includ- ing at least one service directed at at least one of the goals in each of the five categories of goals set forth in section 2002 (a) (1) (as determined by the State) and including at least three types of services (selected by the State) for indi- viduals who are recipients of supplemental security income 42 USC 1381. benefits under title XVI and who are in need of such services, together with a definition of those services and a description of their relationship to the objectives to be achieved under the program and the goals described in section 2002 (a) (1), " (C) the categories of individuals to whom those services are to be provided, including any categories based on the income of individuals or their families, " (D) the geographic areas in which those services are to be provided, and the nature and amount of the services to be provided in each area, " (E) a description of the planning, evaluation, and report- ing activities to be carried out under the program, " (F) the sources of the resources to be used to carry out the program, " (G) a description of the organizational structure through which the program will be administered, including the extent to which public and private agencies and volunteers will be utilized in the provision of services, " (H) a description of how the provision of services under the program will be coordinated with the plan of the State 42 USC 601, 620. approved under part A of title IV, the plan of the State developed under part B of that title, the supplemental secu- rity income program established by title XVI, the plan of the 42 USC 1396. State approved under title XIX, and other programs for the provision of related human services within the State, includ-

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text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/1031

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STAT.

]

PUBLIC LAW 93-647-JAN. 4, 1975

ing the steps taken to assure maximum feasible utilization of services under these programs to meet the needs of the low income population, " (I) the estimated expenditures under the program, including estimated expenditures with respect to each of the services to be provided, each of the categories of individuals to whom those services are to be provided, and each of the geographic areas in which those services are to be provided, and a comparison between estimated non-Federal expenditures under the program and non-Federal expenditures for the provision of the services described in section 2002(a)(1) in the State during the preceding services program year, and " (J) a description of the steps taken, or to be taken, to assure that the needs of all residents of, and all geographic areas in, the State were taken into account in the development of the plan; and "(3) public comment on the proposed plan is accepted for a period of at least forty-five days; and "(4) at least forty-five days after publication of the proposed plan and prior to the beginning of the State'services program year, the chief executive officer of the State, or such other official as the laws of the State provide, publishes a final comprehensive annual services program plan prepared by the agency designed pursuant to the requirements of section 2003(d)(1)(C) and. unless the laws of the State provide otherwise, approved by the chief executive officer, which sets forth the same information required to be included in the proposed plan, together with an explanation of the differences between the proposed and final plan and the reasons therefor; and " (5) any amendment to a final comprehensive services program plan is prepared by the agency'^ designated pursuant to section 2 0 0 3 (d)(1)(C), approved by the chief executive officer of the State unless the laws of the State provide otherwise, and published by the chief executive officer of the State, or such other official as the laws of the State provide, as a proposed amendment on which public comment is accepted for a period of at least thirty days, and then prepared by the agency designated pursuant to section 2 0 0 3 (d)(1)(C), approved by the chief executive officer of the State unless the laws of the State provide otherwise, and published by the chief executive officer of the State, or such other official as the laws of the State provide, as a final amendment, together with an explanation of the differences between the proposed and final amendment and the reasons therefor.

2347

^"'^' P- 2337.

Ante, p. 2343.

"EFFECTIVE DATE OF REGULATIONS PUBLISHED BY THE SECRETARY

2005. No final regulation published by the Secretary under this title shall be effective with respect to payments under section 2002 for expenditures during any quarter commencing before the beginning of the first services program year established by the State under the requirements of section 2002(a)(3) which begins at least sixty days after the publication of the final regulation. J'SEC.

^^ use i3 97d.

"EVALUATION; PROGRAM ASSISTANCE

"SEC. 2006. (a) The Secretary shall provide for the continuing evaluation of State programs for the provision of the services described in section 2002(a)(1).

'^^ use i397e.

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Page:United States Statutes at Large Volume 88 Part 2.djvu/1032

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PUBLIC LAW 93-647-JAN. 4, 1975

[88

STAT.

"(b) The Secretary shall make available to the States assistance with respect to the content of their services program, and their services program planning, reporting, administration, and evaluation. 6 8^°*^''°^°"* "(^) Within six months after the close of each fiscal year, the gress Secretary shall submit to the Congress a report on the operation of the program established by this title during that year, including— "(1) the evaluations carried out under subsection (a) and the results obtained therefrom, and "(2) the assistance provided under subsection (b) during that year. "DEFENITIONS

42 USC i3 97f.

42 USC 1381,

agj,^ 2007. For purposes of this title— "(1) the term 'State supplementary payment' means any cash payment made by a State on a regular basis to an individual who is receiving supplemental security income benefits under title X VI or who would but for his income be eligible to receive such benefits, as assistance based on need in supplementation of such benefits, as determined by the Secretary, and "(2) the term ' State ' means the fifty States and the District of Columbia.", TECHNICAL AND CONFORMING AMENDMENTS

42 USC 602.

gj,(._ 3^ (a)(1) Section 402(a)(5) of the Social Security Act is amended by striking out " (A) " and striking out everything after "proper and efficient operation of the plan" and inserting "; and" in lieu thereof. (2) Section 402(a) of that Act is further amended by striking out Post. p. 2360. paragraphs (18) and (14). 42 USC 603. (3) Section 403(a)(3) of that Act is amended to read as follows: "(3) in the case of any State, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan— " (A) 75 per centum of so much of such expenditures as are for the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision, and " (B) one-half of the remainder of such expenditures, except that no payment shall be made with respect to amounts expended in connection with the provision of any service Ante, p. 2337. describcd in section 2002(a)(1) of this Act other than services the provision of which is required by section 402(a) (19) to be included in the plan of the State; and" (4) Section 403 of that Act is further amended by striking out subsection _(e). 42 USC 6 06. (5) Section 406 of that Act is amended by striking out subsection 42 USC 622.

(g) Section 422(a)(1)(A)(i) of that Act is amended by striking out "the State agency designated pursuant to section 402(a)(3) to administer or supervise the administration of the plan of the State approved under part A of this title" and inserting "the individual or Ante, p. 2343. agency designated pursuant to section 2003(d)(1)(C) to administer or supervise the administration of the State'services program" in lieu thereof. (7) Section 422(a)(1)(A) (ii) of that Act is amended by striking out "the organizational unit in such State or local agency established pursuant to section 402(a) (15)" and inserting "a single organiza-

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PUBLIC LAW 93-647-JAN. 4, 1975

2349

tional unit in such State or local agency, as the case may be," in lieu thereof. (8) Section 402(a) (15) of that Act is amended by inserting "as part ^^ "^^ ^°^of the program of the State for the provision of services under title X X " immediately after "provide". (b) Title VI of the Social Security Act is repealed. ^2 u^s^'c sorsos (c) Section 1115 of the Social Security Act is amended by— 42 USC 1315 (1) striking out "or X IX " and inserting " X IX, or X X " in lieu thereof, (2) striking out "or 1902" in clause (a) and inserting "1902, 2002, 2003, or 2004" in lieu thereof, (3) striking out "or 1903" in clause (b) and inserting "1903, or 2002" in lieu thereof, and (4) inserting "or expenditures with respect to which payment shall be made under section 2002," immediately after "administration of such State plan or plans," in clause (b). (d) Section 1116 of the Social Security Act is amended by— 42 USC 131 e. (1) striking out "or X IX " in subsections (a)(1) and (b) and inserting " X IX or X X " in lieu thereof, (2) striking out "or 1904" and inserting "1904, or 2003" in lieu thereof in subsection (a)(3), and (3) inserting " X X, " immediately after " X IX, " in subsection (d). (e)(1) Section 1130 of the Social Security Act is repealed. Repeal. (2) Sections 3(a), 403(a), 1003(a), 1403(a), and 1603(a) of that H use 303°'603, Act (relating to payments to States with approved State plans) are 1203, 1353, 1383 note. each amended by striking out "(subject to section 1130)". (f) Any child day care service provided under any plan of a State n o42, u s e 1397a te approved under part A, or developed under part B, of title IV of the Social Security Act must meet the requirements applicable, under 42 USC 6 0 1, 520. subsection (a)(9) of section 2002 of the Social Security Act, as Ante, p. 2337. amended by this Act, to child day care services with respect to which payment is made under that section. The requirements imposed by this subsection are in lieu of any requirements that would otherwise be applicable under section 522(d) of the Economic Opportunity Act of 1964 to child day care services provided under any plan of a State ^"^^' P- ^sio approved under part A, or developed under part B, of title IV of the Social Security Act. (g) Section 12(a) of Public Law 93-233 is amended by striking J^^^^^ ^320b out "January 1, 1975" and inserting "October 1, 1975" in lieu thereof. Notwithstanding the provisions of section 12(a) of Public Law 93-233, the Secretary may make any modification in any regulation described in that section if the modification is necessary to implement the provisions of this part. (h) Section 422 of the Social Security Act is amended by insert- '^^ use 622. ing at the end thereof the following new subsection: "(c) If on December 1, 1974, the agency of a State administering its plan under this part was not the agency designated pursuant to section 402(a)(3), subsection (a)(1)(A) of this section shall not apply with respect to such agency but only so long as such agency is not the agency designated under section 2 0 0 3 (d)(1)(C), and if on December 1, 1974, the local agency administering the plan of a State under this part in a subdivision of the State is not the local agency in such subdivision administering the plan of such State under part A of this title, subsection (a)(1)(A) of this section shall not apply with respect to such local agency but only so long as such local agency is not the local agency administering the program of the State for the provision of services under title X X. "

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text:
Page:United States Statutes at Large Volume 88 Part 2.djvu/1034

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PUBLIC LAW 93-647-JAN. 4, 1975

[88

STAT

42 USC 1308.

^-^ Section 1108(a) of the Social Security Act is amended by striking out "The total amount'' and inserting m lieu thereof "Except as Anfe, p. 2337. provided lu 2002(a)(2)(D), the total amouut". noti"^^ ^^^^^ (i) Notwithstanding the provisions of paragraph (2) of section 2002(a) of the Social Security Act, as amended by this Act, the limitation imposed by such paragraph (2) for the fiscal year beginning July 1, 1975, with respect to any State shall be the allotment of the State for that fiscal year as determined under section 1130 of the Social Security Act. I n determining, for the purposes of that limitation, the total amount of the payments made to any State with respect to expenditures during the fiscal year beginning July 1, 1975, there shall be included the amount of any payments made to the State that are chargeable against the allotment of the State for the fiscal year Ante, p. 2349. beginning July 1, 1975, under such section 1130. REPORT BY THE

SECRETARY

re^sT°'*'° *^°"" ^^^' ^' Prior to '^^^^J 1^ 1^77, the Secretary shall submit to the ^'^42 USC 1397a Congress a report on the effectiveness of the program established by "°*^' title X X of the Social Security Act, as amended by this Act, during calendar years 1975 and 1976, together with recommendations, if any, for improvements in that program. P A Y M E N T S TO STATES FOR EDUCATIONAL 42 USC 3 0 3.

42 USC 6 0 3.

42 USC 1203.

42 USC 1353.

j2^usei383

PURPOSES

SEC. 5. (a) Section 3(a)(4)(A) (iv) of the Social Security Act (as applicable to Puerto Rico, the Virgin Islands, and Guam) is amended by inserting "(incuding both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)" following "training". (b) Section 403(a)(3)(A) (iii) of the Social Security Act is amended by inserting "(incuding iDoth short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)" following "training". (c) Section 1003(a)(3)(A) (iv) of the Social Security Act (as applicable to Puerto Rico, the Virgin Islands, and Guam) is amended by inserting "(including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)" following "training". ((J) Section 1403(a)(3)(A) (iv) of the Social Security Act (as applicable to Puerto Rico, the Virgin Islands, and Guam) is amended by inserting "(including both short- and long-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled in such institutions)" following "training". ^^j Section 1603(a)(4)(A) (iv) of the Social Security Act (as applicable to Puerto Rico, the Virgin Islands, and Guam) is amended by inserting "^including both short- and lonj^-term training at educational institutions through grants to such institutions or by direct financial assistance to students enrolled at such institutions)" following "training". DEFINITION

OF

SECRETARY

SEC. 6. As used in this part and the amendments made by this part, the term "Secretary" means, unless the context otherwise requires, the Secretary of Health, Education, and Welfare.

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EFFECTIVE DATES

SEC. 7. (a)(1) The amendments made by sections 2 and 5 of this 42 USC 1397 Act shall be effective with respect to payments for quarters commencing "^"/nte, pp. 2337. after September 30, 1975. 2350. (2) Notwithstanding the provisions of section 2004 of the Social Security Act, as amended by this Act, the first services program year Ante, p. 2346. of each State shall begin on October 1, 1975, and end with the close of, at the option of the State— (A) the day in the twelve-month period beginning October 1, 1975, or (B) the day in the twelve-month period beginning October 1, 1976, which is the last day of the twelve-month period established by the State as its services program year under that section. Notwithstanding the provisions of subsection (b) of section 2003 of the Social Security Act, as amended by this Act, the aggregate expenditures required by '^"^^' P- ^^'*^' that subsection with respect to the first services program year of each State shall be the amount which bears the same ratio to the amount that would otherwise be required under that subsection as the number of months in the State's first services program year bears to twelve. (b) The amendments made by section 3 of this Act shall be effective ^"'«' P. 2348. with respect to payments under sections 403 and 603 of the Social Security Act for quarters conunencing after September 30, 1975, ^2 USC 603, except that the amendments made by section 3(a) shall not be effective *°^" with respect to the Commonwealth of Puerto Rico, the Virgin Islands, or Guam. PART B — C H I L D SUPPORT PROGRAMS CHILD SUPPORT AND ESTABLISHMENT OF PATERNITY

In General SEC. 101. (a) Title IV of the Social Security Act is amended by adding after part C the following new part: "PART D — C H I L D SUPPORT AND ESTABLISHMENT or PATERNITY "APPROPRIATION

"SEC. 451. For the purpose of enforcing the support obligations OAved by absent parents to their children, locating absent parents, establishing paternity, and obtaining child support, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this part.

'•2 USC 65i.

" D U T I E S OF THE SECRETARY

"SEC. 452. (a) The Secretary shall establish, within the Department of Health, Education, and Welfare a separate organizational unit, under the direction of a designee of the Secretary, who shall report directly to the Secretary and who shall— "(1) establisli such standards for State programs for locating absent parents, establishing paternity, and obtaining child support as he determines to be necessary to assure that such programs will be effective; "(2) establish mininmm organizational and staffing requirements for State units engaged in carrying out such programs under plans approved under this part; "(3) review and approve State plans for such programs;

42 USC 652.

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2352

Annual audit.

Technical assistance.

Post,

p. 2353.

Report to Con-

P o s t, p. 2358.

Revolving fund. Establishment. Post,

p. 2356.

26 USC 6305.

[88 STAT.

" (4) evaluate the implementation of State programs established pursuant to such plan, conduct such audits of State programs established under the plan approved under this part as may be necessary to assure their conformity with the requirements of this part, and, not less often than annually, conduct a complete audit of the programs established under such plan in each State and determine for the purposes of the penalty provision of section 403(h) whether the actual operation of such programs in each State conforms to the requirements of this part; " (5) assist States in establishing adequate reporting procedures and maintain records of the operations of programs established pursuant to this part in each State; "(6) maintain records of all amounts collected and disbursed under programs established pursuant to the provisions of this part and of the costs incurred in collecting such amounts; "(7) provide technical assistance to the States to help them establish effective systems for collecting child support and establishing paternity; "(8) receive applications from States for permission to utilize the courts of the United States to enforce court orders for support against absent parents and, upon a finding that (A) another State has not undertaken to enforce the court order of the originating State against the absent parent within a reasonable time, and (B) that utilization of the Federal courts is the only reasonable method of enforcing such order, approve such applications; "(9) operate the Parent Locator Service established by section 453; and "(10) not later than June 30 of each year beginning after December 31, 1975, submit to the Congress a report on all activities undertaken pursuant to the provisions of this part. "(b) The Secretary shall, upon the request of any State having in effect a State plan approved under this part, certify the amount of any child support obligation assigned to such State to the Secretary of the Treasury for collection pursuant to the provisions of section 6305 of the Internal Revenue Code of 1954. No amount may be certified for collection under this subsection except the amount of the delinquency under a court order for support and upon a showing by the State that such State has made diligent and reasonable efforts to collect such amounts utilizing its own collection mechanisms, and upon an agreement that the State will reimburse the United States for any costs involved in making the collection. The Secretary after consultation with the Secretary of the Treasury may, by regulation, establish criteria for accepting amounts for collection and for making certification under this subsection including imposing such limitations on the frequency of making such certifications under this subsection. " (c)(1) There is hereby established in the Treasury a revolving fund which shall be available to the Secretary without fiscal year limitation, to enable him to pay to the States for distribution in accordance with the provisions of section 457 such amounts as may be collected and paid (subject to paragraph (2)) into such fund under section 6305 of the Internal Revenue Code of 1954. "(2) There is hereby appropriated to the fund, out of any moneys in the Treasury not otherwise appropriated, amounts equal to the amounts collected under section 6305 of the Internal Revenue Code of 1954, reduced by the amounts credited or refunded as overpayments of the amounts so collected. The amounts appropriated by the preceding section shall be transferred at least quarterly from the general fund of the Treasury to the fund on the basis of estimates made by

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the Secretary of the Treasury. Proper adjustments shall be made in the amounts subsequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. a P A R E N T LOCATOR

SERVICE

"SEC. 453. (a) The Secretary shall establish and conduct a Parent Jj^^^gc^e'sT"'' Locator Service, under the direction of the designee of the Secretary referred to in section 452(a), which shall be used to obtain and transmit to any authorized person (as defined in subsection (c)) information as to the whereabouts of any absent parent when such information is to be used to locate such parent for the purpose of enforcing support obligations against such parent. "(b) Upon request, filed in accordance with subsection (d) of any authorized person (as defined in subsection (c)) for the most recent address and place of employment of any absent parent, the Secretary shall, notwithstanding any other provision of law, provide through the Parent Locator Service such information to such person, if such information— " (1) is contained in any files or records maintained by the Secretary or by the Department of Health, Education, and Welfare; or " (2) is not contained in such files or records, but can be obtained by the Secretary, under the authority conferred by subsection (e), from any other department, agency, or instrumentality, or the United States or of any State. No information shall be disclosed to any person if the disclosure of information dissuch information would contravene the national policy or security ue^d.""^^' ^'^° interests of the United States or the confidentiality of census data. The Secretary shall give priority to requests made by any authorized person described in subsection (c)(1). " (c) As used in subsection (a), the term 'authorized person' means— "Authorized "(1) any agent or attorney of any State having in effect a plan person. approved under this part, who has the duty or authority under such plans to seek to recover any amounts owed as child support (including, when authorized under the State plan, any official of a political subdivision); "(2) the court which has authority to issue an order against an absent parent for the support and maintenance of a child, or any agent of such court; and (3) the resident parent, legal guardian, attorney, or agent of a child (other than a child receiving aid under part A of this title) (as determined by regulations prescribed by the Secretary) without regard to the existence of a court order against an absent parent who has a duty to support and maintain any such child. " (d) A request for information under this section shall be filed in such manner and form as the Secretary shall by regulation prescribe and shall be accompanied or supported by such documents as the Secretary may determine to be necessary. "(e)(1) Whenever the Secretary receives a request submitted under subsection (b) which he is reasonably satisfied meets the criteria established by subsections (a), (b), and (c), he shall promptly undertake to provide the information requested from the files and records maintained by any of the departments, agencies, or instrumentalities of the United States or of any State. "(2) Notwithstanding any other provision of law, whenever the individual who is the head of any department, agency, or instrumentality of the United States receives a request from the Secretary for information authorized to be provided by the Secretary under

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PUBLIC LAW 93-647-JAN. 4, 1975

STAT.

this section, such individual shall promptly cause a search to be made of the files and records maintained by such department, agency, or instrumentality with a view to determining whether the information requested is contained in any such files or records. If such search discloses the information requested, such individual shall immediately transmit such information to the Secretary, except that if any information is obtained the disclosure of which would contravene national policy or security interests of the United States or the confidentiality of census data, such information shall not be transmitted and such individual shall immediately notify the Secretary. If such search fails to disclose the information requested, such individual shall immediately so notify the Secretary. The costs incurred by any such department, agency, or instrumentality of the United States or of any State in providing such information to the Secretary shall be reimbursed by him. Whenever such services are furnished to an individual specified in subsection (c)(3), a fee shall be charged such individual. The fee so charged shall be used to reimburse the Secretary or his delegate for the expense of providing such services. "(f) The Secretary, in carrying out his duties and functions under this section, shall enter into arrangements with State agencies administering State plans approved under this part for such State agencies to accept from resident parents, legal guardians, or agents of a child described in subsection (c)(3) and, after determining that the absent parent cannot be located through the procedures under the control of such State agencies, to transmit to the Secretary requests for information with regard to the whereabouts of absent parents and otherwise to cooperate with the Secretary in carrying out the purposes of this section.

^^^*

STATE P L A N FOR C H I L D Provisions. 42 USC 654

Post, p. 2359.

Post,

[88

p. 2356.

SUPPORT

"SEC. 454. A State plan for child support must— "(1) provide that it shall be in effect in all political subdivisions of the State; "(2) provide for financial participation by the State; "(3) provide for the establishment or designation of a single and separate organizational unit, which meets such staffing and organizational requirements as the Secretary may by regulation prescribe, within the State to administer the plan; "(4) provide that such State will undertake— " (A) in the case of a child born out of wedlock with respect to whom an assignment under section 402(a) (26) of this title is effective, to establish the paternity of such child, and " (B) in the case of any child with respect to whom such assignment is effective, to secure support for such child from his parent (or from any other person legally liable for such support), utilizing any reciprocal arrangements adopted with other States, except that when such arrangements and other \ means have proven ineffective, the State may utilize the Federal courts to obtain or enforce court orders for support; " (5) provide that, in any case in which child support payments are collected for a child with respect to whom an assignment under section 402(a) (26) is effective, such payments shall be made to the State for distribution pursuant to section 457 and shall not be paid directly to the family except that this paragraph shall not apply to such payments (except as provided in section 457(c)) for any month in which the amount collected is sufficient to make such family ineligible for assistance under the State plan approved under part A;

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PUBLIC LAW 93-647-JAN. 4, 1975

"(6) provide that (A) the child support collection or paternity determination services established under the plan shall be made available to any individual not otherwise eligible for such services upon application filed by such individual with the State, (B) an application fee for furnishing such services may be imposed, except that the amount of any such application fee shall be reasonab^.e, as determined under regulations of the Secretary, and (C) any costs in excess of the fee so imposed may be collected from such individiuil by deducting such costs from the amount of any recovery made; "(7) provide for entering into cooperative arrangements with appropriate courts and law enforcement officials (A) to assist the agency administering the plan, including the entering into of financial arrangements with such courts and officials in order to assure optimum results under such program, and (B) with respect to any other matters of common concern to such courts or officials and the agency administering the plan; "(8) provide that the agency administering the plan will establish a service to locate absent parents utilizing— " (A) all sources of information and available records, and " (B) the Parent Locator Service in the Department of Health, Education, and Welfare; "(9) provide that the State will, in accordance with standards prescribed by the Secretary, cooperate with any other State— " (A) in establishing paternity, if necessary, '•(B) in locating an absent parent residing in the State (whether or not permanently) against w4iom any action is being taken under a program established under a plan approved under this part in another State, " (C) in securing compliance by an absent parent residing in such State (whether or not permanently) with an order issued by a court of competent jurisdiction against such parent for the support and maintenance of a child or children of such parent with respect to whom aid is being provided under the plan of such other State, and " (D) in carrying out other functions required under a plan approved under this part; "(10) provide that the State will maintain a full record of collections and disbursements made under the plan and have an adequate reporting system; "(11) provide that amounts collected as child support shall be distributed as provided in section 457; "(12) provide that any payment required to be made under section 456 or 457 to a family, shall be made to the resident parent, legal guardian, or caretaker relative having custody of or responsibility for the child or children; and "(13) provide that the State will comply with such other requirements and standards as the Secretary determines to be necessary to the establishment of an effective program for locating absent parents, establishing paternity, obtaining support orders, and collecting support payments.

2355

Application fee.

Post, p. 23S6.

"PAYMENTS TO STATES

"SEC, 455. From the sums appropriated therefor, the Secretary shall pay to each State for each quarter, beginning with the quarter commencing July 1, 1975, an amount equal to 75 percent of the total amounts expended by such State during such quarter for the operation of the plan approved under section 454 except that no amount shall be

'*2 USC ess.

Ante, p. 2354.

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PUBLIC LAW 93-647-JAN. 4, 1975 p. 2354.

[88

STAT.

paid to any State on account of furnishing collection services (other than parent locator services) to individuals under section 454(6) during any period beginning after June 30, 1976. "SUPPORT OBLIGATIONS

42 USC 656. Post,

p. 2359.

11 USC 1 note.

"SEC. 456. (a) The support rights assigned to the State under section 402(a) (26) shall constitute an obligation owed to such State by the individual responsible for providing such support. Such obligation shall be deemed for collection purposes to be collectible under all applicable State and local processes. "(1) The amount of such obligation shall be— " (A) the amount specified in a court order which covers the assigned support rights, or " (B) if there is no court order, an amount determined by the State in accordance with a formula approved by the Secretary, and "(2) Any amounts collected from an absent parent under the plan shall reduce, dollar for dollar, the amount of his obligation under paragraphs (1)(A) and (B). "(b) A debt which is a child support obligation assigned to a State under section 402(a) (26) is not released by a discharge in bankruptcy under the Bankruptcy Act. "DISIT?IBUTION or PROCEEDS

42 USC 657.

"SEC. 457. (a) The amounts collected as child support by a State pursuant to a plan approved under this part during the 16 months beginning July 1, 1975, shall be distributed as follows: " (1) 40 per centum of the first $50 of such amounts as are collected periodically which represent monthly support payments shall be paid to the family without any decrease in the amount paid as assistance to such family during such month; "(2) such amounts as are collected periodically which are in excess of any amount paid to the family under paragraph (1) which represent monthly support payments shall be retained by the State to reimburse it for assistance payments to the family during such period (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); "(3) such amounts as are in excess of amounts retained by the State under paragraph (2) and are not in excess of the amount required to be paid during such period to the family by a court order shall be paid to the family; and "(4) such amounts as are in excess of amounts required to be distributed under paragraphs (1), (2), and (3) shall be (A) retained by the State (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing) as reimbursement for any past assistance payments made to the family for which the State has not been reimbursed or (B) if no assistance payments have been made by the State which have not been repaid, such amounts shall be paid to the family. "(b) The amounts collected as child support by a State pursuant to a plan approved under this part during any fiscal year beginning after September 30, 1976, shall be distributed as follows: "(1) such amounts as are collected periodically which represent monthly support payments shall be retained by the State to reimburse it for assistance payments to the family during such period

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(with appropriate reimbursement of the Federal Government to the extent of its participation in the financing); "(2) such amounts as are in excess of amounts retained by the State under paragraph (1) and are not in excess of the amount required to be paid during such period to the family by a court order shall be paid to the family; and "(3) such amounts as are in excess of amounts required to be distributed under paragraphs (1) and (2) shall be (A) retained by the State (with appropriate reimbursement of the Federal Government to the extent of its participation in the financing) as reimbursement for any past assistance payments made to the family for which the State has not been reimbursed or (B) if no assistance payments have been made by the State which have not been repaid, such amounts shall be paid to the family. "(c) Whenever a family for whom child support payments have been collected and distributed under the plan ceases to receive assistance under part A of this title, the State may— '' (1) continue to collect such support payments from the absent parent for a period of not to exceed three months from the month following the month in which such family ceased to receive assistance under part A of this title, and pay all amounts so collected to the family; and "(2) at the end of such three-month period, if the State is authorized to do so by the individual on whose behalf the collection will be made, continue to collect such support payments from the absent parent and pay the net amount of any amount so collected to the family after deducting any costs incurred in making the collection from the amount of any recovery made. INCENTIVE

P A Y M E N T TO IX)CALITIES

"SEC. 458. (a) When a political subdivision of a State makes, for the 42 USC 6 5 8. State of which it is a political subdivision, or one State makes, for another State, the enforcement and collection of the support rights assigned under section 402(a) (26) (either within or outside of such ^°s'» P- 2359. State), there shall be paid to such political subdivision or such other State from amounts which would otherwise represent the Federal share of assistance to the family of the absent parent— "(1) an amount equal to 25 per centum of any amount collected (and required to be distributed as provided in section 457 to reduce or repay assistance payments) which is attributable to the support obligation owed for 12 months; and "(2) an amount equal to 10 per centum of any amount collected (and required to be distributed as provided in section 457 to reduce or repay assistance payments) which is attributable to the support obligation owed for any month after the first twelve months for which such collections are made. "(b) Where more than one jurisdiction is involved in such enforcement or collection, the amount of the incentive payment determined under paragraphs (1) and (2) of subsection (a) shall be allocated among the jurisdictions in a manner to be prescribed by the Secretary. " C O N S E N T BY THE UNITED STATES TO G A R N I S H M E N T A N D S I M I L A R PROCEEDINGS

FOR

ENFORCEMENT

OF

CHILD

SUPPORT

AND

ALIMONY

OBLIGATIONS

"SEC. 459. Notwithstanding any other provision of law, effective January 1, 1975, moneys (the entitlement to which is based upon remuneration for employment) due from, or payable by, the United States (including any agency or instrumentality thereof and any 38-194 O - 76 -66 Pt. 2

42 USC 659.,

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PUBLIC LAW 93-647-JAN. 4, 1975

[88 STAT.

wholly owned Federal corporation) to any individual, including members of the armed services, shall be subject, in like manner and to the same extent as if the United States were a private person, to legal process brought for the enforcement, against such individual of his legal obligations to provide child support or make alimony payments. "c'lVir. AtrnONS TO P^XFORCE C H I L D S U P P O R T OBLKiATlOXS

42 USC 660.

"g^c. 460. The district courts of the United States shall have jurisdiction, without regard to any amount in controversy, to hear and determine any civil action certified by the Secretary of Health, EduAnte, p. 2351. cation, and Welfare under section 452(a)(8) of this Act. A civil action under this section may be brought in any judicial district in which the claim arose, the plaintiff resides, or the defendant resides." Collection of Child Support Obligations

26 USC 6305.

26 USC 6334.

26 USC 6303. titVr^ p*"^"*

(b)(1) Subchapter A of chapter 64 of the Internal Revenue Code of 1954 (relating to collection of taxes) is amended by adding at the end thereof the following new section: "SEC. 6305. COLLECTION OF CERTAIN LIABILITY. " (a) IN GENERAL.—Upon receiving a certification from the Secretary of Health, Education, and Welfare, under section 452(b) of the Social Security Act with respect to any individual, the Secretary or his delegate shall assess and collect the amount certified by the Secretary of Health, Education, and Welfare, in the same manner, with the same powers, and (except as provided in this section) subject to the same limitations as if such amount were a tax imposed by subtitle C the collection of which would be jeopardized by delay, except that— "(1) no interest or penalties shall be assessed or collected, "(2) for such purposes, paragraphs (4), (6), and (8) of sec^JQJ^ 6334(a) (relating to property exempt from levy) shall not apply, "(3) there shall be exempt from levy so much of the salary, wages, or other income of an individual as is being withheld therefrom in garnishment pursuant to a judgment entered by a court of competent jurisdiction for the support of his minor children, and "(4) in the case of the first assessment against an individual for delinquency under a court order against such individual for a particular person or persons, the collection shall be stayed for a period of 60 days immediately following notice and demand as described in section 6303. "(b) REVIEW OF ASSESSMENTS AND COLLECTIONS.—No court of the United States, whether established under article I or article III of the Constitution, shall have jurisdiction of any action, whether legal or e(iuitable, brought to lestrain or review the assessment and collection of amounts by the Secretary or his delegate under subsection (a), nor shall any such assessment and collection be subject to review by the Secretary or his delegate in any proceeding. This subsection does not preclude any legal, equitable, or administrative action against the State by an individual in any State court or before any State agency to determine his liability for any amount assessed against him and collected, or to recover any such amount collected from him, under this section.*'. (2) The table of sections for such subchapter is amended by adding at the end thereof the following new item: 1

'"Sec*. 6305. Collection of certain liability.".

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2359

Amendments to Part A of Title IV (c)(1) Notwithstanding the provisions of section 402(a) of the ^^'J^ use 602 Social Security Act, in addition to the amounts required to be disregarded under clause (8)(A) of such section, there is imposed the requirement (and the State plan shall be deemed to include the requirement) that for the 15 months beginning July 1, 1975, in making the determination under clause (7), the State agency shall with respect to any month in such year and in addition to the amounts required to be disregarded under clause (8)(A), disregard amounts payable under section 457(a)(1). ^"'«' p- 23S6. (2) Section 402(a)(9) is amended to read as follows: 42 USC 602. "(9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only to (A) public officials who require such information in connection with their official duties, or (B) other persons for purposes directly connected with the administration of aid to families with dependent children;". (3) Section 402(a) (10) is amended by inserting immediately before "be furnished" the following: ", subject to paragraphs (25) and (26),". (4) Section 402(a) (11) is amended to read as follows: "(11) provide for prompt notice (including the transmittal of all relevant information) to the State child support collection agency (established pursuant to part D of this title) of the furnishing of aid to families with dependent children with respect to a child who has been deserted or abandoned by a parent (including a child born out of wedlock without regard to whether the paternity of such child has been established);". (5) Section 402(a) is further amended— (A) by striking out "and" at the end of paragraph (23); (B) by inserting immediately before the first word in paragraph (24) the following: "provide that"; and (C) by striking out the period at the end of paragraph (24) and inserting in lieu thereof a semicolon and the following: "(25) provide (A) that, as a condition of eligibility under the plan, each applicant for or recipient of aid shall furnish to the State agency his social security account number (or numbers, if he has more than one such number), and (B) that such State agency shall utilize such account numbers, in addition to any other means of identification it may determine to employ in the administration of such plan; "(26) provide that, as a condition of eligibility for aid, each applicant or recipient will be required— " (A) to assign the State any rights to support from any other person such applicant may have (i) in his own behalf or in behalf of any other family member for whom the applicant is applying for or receiving aid, and (ii) which have accrued at the time such assignment is executed, " (B) to cooperate with the State (i) in establishing the paternity of a child born out of wedlock with respect to whom aid is claimed, and (ii) in obtaining support payments for such applicant and for a child with respect to whom such aid is claimed, or in obtaining any other payments or property due such applicant or such child and that, if the relative with whom a child is living is found to be ineligible because of failure to comply with the requirements of subparagraphs (A) and (B) of this paragraph, any aid for which such child

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 2360 42 USC 606.

42 USC 603.

supra.

42 USC 604.

42 USC 606.

?2^u'^si'602 610. '

PUBLIC LAW 93-647-JAN. 4, 1975

[88

STAT.

is eligible will be provided in the form of protective payments as described in section 406(b)(2) (without regard to subparagraphs (A) through (E) of such section); and "(27) provide, that the States have in effect a plan approved under part D and operate a child support program in conformity with such plan.". (g) ^j^^ Section 403 of the Social Security Act is amended by adding at the end thereof the following new subsection: " (h) Notwithstanding any other provision of this Act, the amount payable to any State under this part for quarters in a fiscal year shall with respect to quarters beginning after December 31, 1976, be reduced by 5 per centum of such amount if such State is found by the Secretary as the result of the annual audit to have failed to have an effective program meeting the requirements of section 402(a) (27) in any fiscal year beginning after September 30, 1976 (but, in the case of the fiscal year beginning October 1, 1976, only considering the second, third, and fourth quarters thereof).". (B) Section 404 of such Act is amended by adding at the end thereof the following new subsections: "(c) No State shall be found, prior to January 1, 1977, to have failed substantially to comply with the requirements of section 402(a) (27) if, in the judgment of the Secretary, such State is making a good faith effort to implement the program required by such section. " (d) After December 31, 1976, in the case of any State which is found to have failed substantially to comply with the requirements of section 402(a) (27), the reduction in any amount payable to such State required to be imposed under section 403(h) shall be imposed in lieu of any reduction, with respect to such failure, which would otherwise be required to be imposed under this section." (7) Section 406 of the Social Security Act is amended by adding at the end thereof the following new subsection: "(f) Notwithstanding the provisions of subsection (b), the term 'aid to families with dependent children' does not mean payments with respect to a parent (or other individual whose needs such State determines should be considered in determining the need of the child or relative claiming aid under the plan of such State approved under this part) of a child who fails to cooperate with any agency or official of the State in obtaining such support payments for such child. Nothing in this subsection shall be construed to make an otherwise eligible child ineligible for protective payments because of the failure of such parent (or such other individual) to so cooperate.". (^) Section 402(a), (17), (18), (21), and (22), and section 410 of such Act are repealed. Conforming Amendments to Title X I

42 USC 1306. Ante, p. 2351.

((J) Section 1106 of such Act is amended— (1) by striking out the period at the end of the first sentence of subsection (a) and inserting in lieu thereof the following: "aud except as provided in part D of title IV of this Act."; (2) by adding at the end of subsection (b) the following new sentence: "Notwithstanding the preceding provisions of this subsection, requests for information made pursuant to the provisions of part D of title IV of this Act for the purpose of using Federal records for locating parents shall be complied with and the cost incurred in providing such information shall be paid for as provided in such part D of title IV. "; and (3) by striking out subsection (c).

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PUBLIC LAW 93-^49-JAN. 8, 1975

2361

Authorization of Appropriations (e) There are authorized to be appropriated to the Secretary of Health, Education, and Welfare such sums as may be necessary to plan and prepare for the implementation of the program established by this section. Effective Date

42 USC 651 note.

(f) The amendments made by this section shall become effective on July 1, 1975, except that section 459 of the Social Security Act, as added by subsection (a) of this section shall become effective on January 1, 1975, and subsection (e) of this section shall become effective upon the date of enactment of this Act. Approved January 4, 1975.

42 USC 651 note. Ante,

p. 2357.

Public Law 93-648 AN ACT To authorize and direct the Secretary of Agriculture to convey any interest held by the United States in certain property in Jasper County, Georgia, to the Jasper County Board of Education.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of Agriculture is authorized and directed to convey to the Jasper County Board of Education, Jasper County, Georgia, all right, title, and interest in and to the real property described in the quitclaim deed made by the United States, as grantor, to the Jasper County Board of Education, as grantee, on April 26, 1940, and recorded on June 5, 1940, in Jasper County, Georgia, which the United States might hold as a result of covenants contained in such quitclaim deed: Provided, however, That any proceeds from the sale, lease, exchange or other use or disposition of the lands shall be used exclusively for educational purposes by the Jasper County Board of Education. Approved January 8, 1975.

January 8, 1975 [H. R. 5 1 0 ]

J a s p e r County Board of Education, Ga. Land c ance.

Public Law 93-649 AN ACT To amend title 10 of the United States Code in order to clarify when claims must be presented for reimbursement of memorial service expenses in the case of members of the armed forces whose remains are not recovered.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the last sentence of section 1482(e) of title 10, United States Code, is amended by inserting immediately before "whichever is later." the following: "or the date the person who would have been designated under subsection (c) to direct disposition of the remains, if they had been recovered, receives notification that the member has been reported or determined to be dead under authority of chapter 10, title 37.". Approved January 8, 1975.

January 8, 1975 [H. R. 1 2 8 6 0 ]

Armed Forces. Memorial expens e s, reimbursement.

37 USC 551,

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 PRIVATE LAWS

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 PRIVATE LAWS SECOND SESSION, NINETY-THIRD CONGRESS

Private Law 93-51 AN ACT

March 22, 1974 [H. R. 6119] -^—

For the relief of Arturo Robles.

Be it enacted by the Senate and House of RefresentativeH of the Arturo United States of America in Congress assembled., That Arturo Robles, USMC. of Tracy, (\ilifornia, former private in the United States Marine Corps, is relieved of liability to the United States in the amount of $828.46, an amount claimed, after Arturo Robles' hardship discharge, to be due to the Marine Corps by reason of its failure to stop dependents allotment payments while also failing to bring forward the allotment deduction on its pay record, resulting in an overpayment of accrued pay and allowances, and by reason of other similar bookkeeping errors on the part of the Marine Corps. I n the audit and settlement of the accounts of any certifying or disbursing officer of the United States, credit shall be given for the amount for which liability is relieved by this Act. Approved March 22, 1974.

Robles,

Private Law 93-52 AN ACT For the relief of August F. Walz.

March 29, 1974 i^.\f>\s^

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, on such terms that it deems just, the United States Postal Service is authorized to compromise, release, or discharge in whole or in part the liability of August F. Walz, postmaster. United States Post Office, Wilmington, Delaware, of the sum of $28,978.62 representing the amount of a revenue deficiency charged to his postal account as postmaster. Such deficiency resulting from unpaid postage on second-class transient mailings of the "Wilmington Suburban News" and the financial inability of the owner of such newspaper, and after his death, his estate, to pay any part of such amount. Approved March 29, 1974.

2365

August F. Walz.

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 2366

PRIVATE LAW 93-53-MAR. 29, 1974

[88 STAT.

Private Law 93-53 March 29, 1974 [S. 1673]

Zosima T. Van Zanten.

8 USC 1151. 8 USC 1154.

AN ACT For the relief of Mrs. Zosima Telebanco Van Zanten. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the administration of the Immigration and Nationality Act, Mrs. Zosima Telebanco Van Zanten, the widow of Sergeant Sam J. Van Zanten, Junior, a citizen of the United States, shall be held and considered to be within the purview of section 201(b) of that Act and the provisions of section 204 of the said Act shall not be applicable in this case. Approved March 29, 1974. Private Law 93-54

March 29, 1974 [S.1852]

Georgina H. Harris.

8 USC 1434.

AN ACT For the relief of Georgina Henrietta Harris. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of the Immigration and Nationality Act, Georgina Henrietta Harris, the adopted daughter of Mrs. Esthyr Harris, a United States citizen, shall be held and considered to have met the residence and physical presence requirements of section 323 of such Act. Approved March 29, 1974. Private Law 93-55

March 29, 1974 [S. 1922]

Robert J. Martin.

AN ACT For the relief of Robert J. Martin. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, on such terms as it deems just, the United States Postal Service is authorized to compromise, release, or discharge in whole or in part the liability of Robert J. Martin, of Lake Carmel, New York, to the United States for the loss resulting from the theft of an amount of cash in his custody as a mailtruck driver, which was taken in a theft occurring on January 2, 1969. Approved March 29, 1974. Private Law 93-56

March 29, 1974 [H. R. 2533]

Raphael Johnson. 8 USC 1101. 8 USC 1154.

AN ACT For the relief of Raphael Johnson. Be it enacted by the Senate and House of Representatives of the U)iited States of America in Congress a-ssembled, That in the administration of the Immigration and Nationality Act, Raphael Johnson shall be classified as a child within the meaning of section 101(b) (1)(F) of such Act upon approval of a petition filed in his behalf, pursuant to section 204 of such Act, by Mrs. Howard M. Johnson, a

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STAT.

]

PRIVATE LAW 93-59-APR. 12, 1974

citizen of the United States. The brothers and sisters of said Raphael Johnson shall not by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. The provisions of section 245(c) of the Immigration and Nationality Act shall be inapplicable in this case. Approved March 29, 1974.

2367

a use 1255.

Private Law 93-57 AN ACT For the relief of Dominga Pettit.

April 12, 1974 [H. R. 1321]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That in the admin- Dominga Petut. istration of the Immigration and Nationality Act, Dominga Pettit, the ^^ "sc 1101 widow of a citizen of the United States, shall be held and considered to be within the purview of section 201(b) of that Act and the pro- ^ use 1151. visions of section 204 of such Act shall not be applicable in this case, s use 1154. Approved April 12, 1974. Private Law 93-58 AN ACT For the relief of Flora Datiles Tabayo,

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the administration of the Immigration and Nationality Act, Flora Datiles Tabayo may be classified as a child within the meaning of section 1 0 1 (b)(1)(F) of the Act, upon approval of a petition filed in her behalf by Mr. and Mrs. Jack Lee, citizens of the United States, respectively, pursuant to section 204 of the Act: Provided, That the brothers or sisters of the beneficiary shall not by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. Approved April 12, 1974.

April 12, 1974 [H. R. 5106]

Flora D. Tabayo.

« use 1101. s use 1154.

Private Law 93-59 AN ACT For the relief of Rito E. Judilla and Virna J. Pasicaran.

April 12, 1974 [H. R. 7363]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the admin- ^''°. ^- J"dina istration of the Immigration and Nationality Act, Rito E. Judilla and Pasica^ran."^ Virna J. Pasicaran may be classified as children within the meaning of section 101(b)(1)(F) of the Act, upon approval of petitions filed » use 1101. in their behalf by Adoracion J. Gonzaga and Robert S. Gonzaga, citizens of the United States, pursuant to section 204 of the said Act: ^ use 1154. Provided, That the brothers or sisters of the beneficiaries shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. Approved April 12, 1974.

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PRIVATE LAW 93-60-APR. 12, 1974

[88

STAT.

Private Law 93-60 April 12, 1974 ^^- ^^J

^^ ACT For the relief of Uhel D. Polly.

Be it enacted by the Senate and House of Representatives of the Uhel D. Polly. United States of America i?i Congress assembled, That, in the administration of the patent laws of the United States, with respect to United States patent numbered 3,459,614 (Uhel D. Polly, of Fort Lauderdale, Florida, patentee) that the period in regard to public use or sale in this country as stated in section 102(b), title 35 of the United States Code be enlarged to two years prior to the date of the application of aforesaid patent. Nothing contained in this Act shall bar any person from exercising any rights which vested prior to the effective date of this Act. Approved April 12, 1974. Private Law 93-61 April 12, 1974

AN ACT

^^' ^°^^

For the relief of Jorge Mario Bell.

Jorge M. Bell. 8 USC 1101. 8 USC 1154.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, in the administration of the Immigration and Nationality xVct, Jorge Mario Bell may be classified as a child within the meaning of section 101(b)(1) (F) of such Act upon approval of a petition filed in his behalf by James Francis Bell III, a citizen of the United States, pursuant to section 204 of such Act. The natural brothers and sisters of the said Jorge Mario Bell shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. Approved April 12, 1974. Private Law 93-62

April 12, 1974 [S;_507]

Wilhelm J. R. •^^^y8 USC 1427.

AN ACT j,(jj, tjjg j.gijef of Wilhelm J. R. Maly.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, the periods of time Wilhelm J. R. Maly has resided in the United States since his lawful admission for permanent residence on October 6, 1966, shall be held and considered to meet the residence and physical presence requirements of section 316 of the Immigration and Nationality Act. Approved April 12, 1974.

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PRIVATE LAW 93-66-APR. 17, 1974

2369

Private Law 93-63 AN ACT For the relief of Mrs. Jozefa Sokolowska Domanskl. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemMed^ That, in the administration of the Immigration and Nationality Act, Mrs. Jozefa Sokolowska Domanski shall be held and considered to be within the purview of section 203(a)(2) of that Act and the provisions of section 204 of that Act shall not be applicable in this case. Approved April 12, 1974.

April 12, 1974 [S. 816]

Jozefa S. Domanski.

8 USC 1153. 8 USC 1154.

Private Law 93-64 AN ACT For the relief of Mahmood Shareef Suleiman. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled., That the periods of time Mahmood Shareef Suleiman has resided in the United States and any State since his lawful admission for permanent residence in February 1957, shall be held and considered to meet the residence and physical presence requirements of section 316 of the Immigration and Nationality Act. In this case the petition for naturalization may be filed with any court having naturalization jurisdiction. Approved April 12, 1974.

April 12, 1974 [S. 912]

Mahmood S. Suleiman.

8 USC 1427.

Private Law 93-65 AN ACT For the relief of Vo Thi Suong (Niui Anne Hoyt). Be it enacted by the Senate and HOUMC of Representatives of the United States of America in Congress assembled, That, in the administration of the Immigration and Nationality Act, Vo Thi Suong (Nini Anne Hoyt) may be classified as a child within the meaning of section 101(b)(1)(F) of the Act, upon approval of a petition filed in her behalf by Lieutenant Colonel and Mrs. Max B. Hoyt, citizens of the United States, pursuant to section 204 of the Act: Provided, That the brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. Approved April 12, 1974.

April 12, 1974 [S.2112]

Vo Thi Suong.

8 USC 1101. 8 USC 1154.

Private Law 93-66 AN ACT

To authorize and direct the Secretary of the Department under which the United States Coast Guard is operating to cause the vessel Miss Keku, owned by Clarence Jackson of Juneau, Alaska, to be documented as a vessel of the United States so as to be entitled to engage in the American fisheries.

April 17, 1974 [H. R. 1 2 6 2 7 ]

Be it enacted by the Senate a/tul House of Representatives of the United States of America in Congress assembled, That notwithstand- ^^^^^^^^'^^ ing the provisions of section 4132 of the Revised Statutes of the United

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 2370

PRIVATE LAW 93-67-MAY 16, 1974

[88 STAT.

States, as amended (46 U.S.C. 11), or any other provision of law, the Secretary of the Department under which the United States Coast Guard is operating shall cause the vessel Miss Keku, owned by Clarence Jackson of Juneau, Alaska, to be documented as a vessel of the United States, upon compliance with the usual requirements, with the privilege of engaging in the American fisheries so long as such vessel is owned by a citizen of the United States. Approved April 17, 1974. Private Law 93-67 AN ACT For the relief of Morena Stolsmark.

May 16, 1974 [H. R. 5 7 5 9 ]

Morena Stolsmark.

8 USC 1101. 8 USC 1154.

Be it enacted by the Senate and Hov^e of Representatives of the United States of America in Congress assembled, That, in the administration of the Immigration and Nationality Act, Morena Stolsmark may be classified as a child within the meaning of section 101(b)(1) (F) of the Act, upon approval of a petition filed in her behalf by Mr. and Mrs. Richard Henry Stolsmark, citizens of the United States, pursuant to section 204 of the Act: Provided, That the natural parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. Approved May 16, 1974. Private Law 93-68 AN ACT For the relief of Gloria Go.

May 16, 1974 [H. R. 6116]

Gloria Go. 8 USC 1101

8 USC 1153.

Be it enacted iy the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of the immigration and Nationality Act, Gloria Go shall be held and considered to have been lawfully admitted to the United States for permanent residence as of the date of the enactment of this Act, upon payment of the required visa fee. Upon the granting of permanent residence to such alien as provided for in this Act, the Secretary of State shall instruct the proper officer to deduct one number from the total number of immigrant visas and conditional entries which are made available to natives of the country of the alien's birth under paragraphs (1) through (8) of section 203(a) of the Immigration and Nationality Act. Approved May 16, 1974. Private Law 93-69

May 16, 1974 [S. 245]

Kamal A. ehalaby.

AN ACT For the relief of Kamal Antoine Chalaby. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, the periods of time Kamal Antoine Chalaby has resided in the United States since his lawful admission for permanent residence on October 31, 1962,

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Fitzwilliam the king, and succouring the poor, and how he was twice compelled to quit England and encounter sea perils from the Orkneys to Barbary. The story is preserved in a single manuscript in French in the British Museum (Reg. 12, c. xii.), first printed privately by Sir T. Duffus Hardy, and then published as 'Histoire de Foulques Fitz-Warin, par Francisque Michel,' Paris, 1840, large 8vo, and with an English translation and notes by Thomas Wright for the Warton Club in 1855. It is included by L. Moland and C. d'Héricault in 'Nouvelles Francises en prose du xive siecle,' Paris, 1858, 12mo. The text and a new translation are given in J. Stevenson's edition of 'Radulphi de Coggeshall Chronicon' (Rolls Series, 1875). The manuscript was transcribed before 1320, and is evidently paraphrased from an earlier record written before the end of the thirteenth century in octosyllabic verses, some of which remain unaltered. An English version in alliterative verse was seen by Leland, who reproduces 'Thinges excerptid owte of an old Englisch boke yn Ryme of the Gestes of Guarine' (Collectanea, 1774, i. 230-7). Pierre de Langtoft of Bridlington (Cottonian MS. Julius A. v.), writing probably before 1320, refers to the romance, and Robert de Brunne, writing about the same period, says :
 * Thus of dan Waryn in his boke men rede.

It is a compilation from family records and traditions first put into shape by 'an Anglo-Norman trouvere in the service of that great and powerful family, and displays an extraordinarily minute knowledge of the topography of the borders of Wales, and more especially of Ludlow and its immediate neighbourhood' (T. Wright's ed. 1855, p. xv). There are historical anachronisms and other inaccuracies. As a story it is full of interest. [Eyton's Antiquities of Shropshire, ii. 2-12, vii. 66-99, xi. 29-42; T. Wright's Sketch of Ludlow Castle, 2nd ed. 1856, and Essays on the Middle Ages, 1846, ii. 147-63 ; Frere's Bibliographe Normand, 1860, ii. 616, 619; Histoire Littéraire de la France, 1877, xxvii. 164-86; Revue Contemporaine, 1858, iii. 308-17; Ward's Cat. of Romances in the British Museum, 1883, i. 501-8. The account of the Fitzwarines by Dugdale (Baronage, 1675, pp. 443, &c.) is full of errors.]  FITZWILLIAM, CHARLES WILLIAM WENTWORTH, third in the peerage of the United Kingdom (1786–1857), only son of William Wentworth Fitzwilliam [q. v.], second earl, by his first wife, Lady Charlotte Ponsonby, youngest daughter of the second Earl of Bessborough, born in London 4 May 1786, was educated at Trinity College, Cambridge. In 1806 he married Mary, fourth daughter of Thomas, first lord Dundas, by whom he had ten children. The countess died in 1830. In 1807 the earl, as Viscount Milton, was returned to the House of Commons for the county of York, and through five successive parliaments he continued to represent the same constituency. At the elections of 1831 he was returned, together with Lord Althorp, for the county of Northampton, and in 1832 he was again elected a member for the northern division of the same county. This seat he retained until his elevation to the peerage by the death of his father, 8 Feb. 1833. Fitzwilliam was a man of chivalrous honour, high moral courage, and perfect independence and disinterestedness. In the outset of his political career he was opposed to parliamentary reform, but afterwards became an ardent advocate of that measure, although his family possessed several pocket boroughs and had been known for its aristocratic exclusiveness. He was also an early advocate of the repeal of the corn laws, when his own fortune depended mainly upon the land. He took a similar view of the then interesting question of the export of wool. A powerful deputation of Yorkshire manufacturers waited upon the earl (then Lord Milton) soliciting him to oppose a projected measure permitting the export. Fitzwilliam replied that he had embraced the principles of free trade without qualification. He concurred with his father in openly condemning the conduct of the Manchester magistrates at the Peterloo riots of 1819, when for petitioning that the event might be inquired into the earl was deprived of the lord-lieutenancy of the West Riding. In 1851 Fitzwilliam was created a knight of the Garter. In 1853 he was appointed a deputy-lieutenant for Northamptonshire, and in 1856 received the royal authorisation to adopt the surname of Wentworth before that of Fitzwilliam, as it had been previously used by his father to mark his descent from Thomas, first marquis of Rockingham. The earl gave a general support in the House of Lords to the liberal government, but in the debate of 1857 relative to the conduct of Sir John Bowring in the matter of the Arrow he spoke and voted with the opposition. Fitzwilliam published in 1839 his 'First, Second, and Third Addresses to the Landowners of England on the Corn Laws,' in which he supported the free trade policy. By the will of the widow of Edmund Burke, who died in 1812, power was given to Fitzwilliam's father, Walker King, bishop of Rochester, and William Elliot to print and publish such parts of the works of Burke as were not published before her decease, and all the statesman's


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 88 STAT. ]

PRIVATE LAW 93-71-JUNE 1, 1974

2371

shall be held and considered to meet the residence and physical presence requirements of section 316 of the Immigration and Nationality Act.

8 USC 142 7,,

Approved May 16, 1974. Private Law 93-70 AN ACT For the relief of P]rnest E d w a r d Scotield (Ernesto Espino).

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That, for the purposes of sections 203(a)(1) and 204 of the Immigration and Nationality Act, Ernest Edward Scofield (Ernesto Espino) shall be held and considered to be the natural-born alien son of Mr. Raymond V. Scofield, a citizen of the United States: Provided, That the natural parents or brothers or sisters of the beneficiary shall not, by virtue of such relationship, be accorded any right, privilege, or status under the Immigration and Nationality Act. Approved May 16, 1974.

May 16, 1974 [S. 428]

Ernest E. Scofield. 8 USC 1153, 1154.

8 USC 1101 note.

Private Law 93-71 AN ACT To authorize the Secretary of the Interior to sell reserved mineral interests of the United States in certain land in Missouri to Grace F. Sisler, the record owner oi the surface thereof.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Secretary of the Interior is authorized and directed to convey, sell, and quitclaim all mineral interests of the United States in and to the property situated in the State of Missouri and described in section 2 of this Act to Grace F. Sisler, of Dexter, Missouri, the record owner of the surface rights thereof. SEC. 2. The property referred to in the first section of this Act is more particularly described as follows: The northeast quarter southwest quarter section 15, township 25 north, range 10 east, fifth principal meridian, Missouri. SEC. 3. The Secretary shall require the deposit of a sum of money which he deems sufficient to cover estimated administrative costs of this Act. If a conveyance is not made pursuant to this Act, and the administrative costs exceed the deposit, the Secretary shall bill the applicant for the outstanding amount, but if the amount of the deposit exceeds the actual administrative costs, the Secretary shall refund the excess. SEC. 4. No conveyance shall be made unless application for conveyance is filed with the Secretary within six months of the date of approval of this Act and unless within the time specified by him payment is made to the Secretary of (1) administrative costs of the conveyance and (2) the fair market value of the interest to be conveyed. The amount of the payment required shall be the difference between the amount deposited and the full amount required to be paid under this section. If the amount deposited exceeds the full amount required to be paid, the applicant shall be given a credit or refund for the excess.

June 1.1974 [H. R. 7087]

Grace F. Sisler.

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