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42 u*sc 405'

Ante, p. 394.

aeljsc 66u^" 26 USC 640i!

26 USC 6501.

26 USC 6651.

It fr^^ 405. 42 USC?«^

PUBLIC LAW 89-97-JULy 30, (1965

[79 STAT.

in the exercise of his profession as a Christian Science practitioner, and has reported such earnings as self-employment mcome on a return filed on or before the due date prescribed for filing such return (including any extension thereof)— "(A) a certificate filed by such individual on or before April 15, 1966, which (but for this subparagraph) is ineffective for the first taxable year ending after 1954 for which such a return was filed shall be effective for such first taxable year and for all succeeding taxable years, provided a supplemental certificate is filed by such individual (or a fiduciary acting for such individual or his estate, or his survivor within the meaning of section 205(c)(1)(C) of the Social Security -^^^^ after the date of enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, and "(B) a certificate filed after the date oi enactment of the Social Security Amendments of 1965 and on or before April 15, 1967, by a survivor (within the meaning of section 205(c) (1)(C) of the Social Security Act) of such an individual who died on or before April 15, 1966, may be effective, at the election of the person filing such a certificate, for the first taxable year ending after 1954 for which such a return was filed and for all succeeding years, but only if— «(i) th© tax under section 1401 in respect to all such individual's self-employment income (except for underpayments of tax attributable to errors made in good faith), for each such year described in subparagraphs (A) and (B) ending before January 1, 1966, is paid on or before April 15, 1967,. and "(ii) in any case where refund has been made of any such tax which (but for this paragraph) is an overpayment, the amount refunded (including any interest paid under section ^^^-^J ^^ repaid on or before April 15, 1967. The provisions of section 6401 shall not apply to any payment or repayment described in this paragraph." (b) In the case of a certificate or supplemental certificate filed pursuant to section 1402(e)(5) of the Internal Jlevenue Code of 1954, as amended by subsection (a)— (1) for purposes of computing interest, the due date for the payment of the tax under section 1401 of such Code which is due for any taxable year ending before January 1, 1966, solely by reason of the filing of a certificate which is effective under such section 1402(e)(5) shall be April 15, 1967; (2) for purposes of section 6501 of such Code, the statutory period for the assessment of any tax for any taxable year for which tax is due solely by reason of the filing of such certificate shall not expire before April 16, 1970; and (3) fpj. purposes of section 6651 of such Code (relating to addition to tax for failure to file tax return), the amount of tax required to be shown on the return shall not include tax under section 1401 of such Code "which is due for any taxable year ending before January 1, 1966, solely by reason of the filing of a certificate which is effective under section 1402(e)(6). (c) Notwithstanding any provision of section 205(c)(5)(F) of the Social Security Act, the Secretary of Health, Education, and Welfare may conform, before April 16, 1970, his records to tax returns or state-

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ments of earnings which constitute self-employment income solely by reason of the filing of a certificate which is effective under section 1402(e)(5) of such Code. (d) The amendments made by this section shall be applicable (except as otherwise specifically provided therein) only to certificates with respect to which supplemental certificates are filed pursuant to section 1402(e)(5)(A) of such Code after the date of the enactment of Ante, p. 401. this Act, and to certificates filed pursuant to section 1402(e)(5)(B) after such date; except that no monthly benefits under title II of the Social Security Act for the month in which this Act is enacted or any ^^ "^^ '*°^prior month snail be payable or increased by reason of such amendments, and no lump-sum death payment under such title shall be payable or increased by reason of such amendments in the case of any individual who died prior to the date of the enactment of this Act. The provisions of section 1402(e)(5) and (6) of the Internal Revenue Code of 1954 which were in effect before the date of enactment of this 7 ^ stat!*i4i!'' 5 Act shall be applicable with respect to any certificate filed pursuant 26 USC 1402. thereto before such date if a supplemental certificate is not filed with respect to such certificate as provided in this section. DETERMINATION OF ATTORNEYS' FEES I N COURT PROCEEDINGS UNDER TITLE II

SEC. 332. The heading of section 206 of the Social Security Act H l^^^ l^^is amended to read "REPRESENTATION OF CLAIMANTS". Such section is further amended by inserting " (a) " after "SEC. 206." and by adding at the end of such section the following new subsection: "(b)(1) Whenever a court renders a judgment favorable to a claimant under this title who was represented before the court by an attorney, the court may determine and allow as part of its judgment a reasonable fee for such representation, not in excess of 25 percent of the total of the past-due benefits to which the claimant is entitled by reason of such judgment, and the Secretary may, notwithstanding the provisions of section 205(i), certify the amount of such fee for pay- ^"^ "^^ '*"^5ment to such attorney out of, and not in addition to, the amount of such past-due benefits. In case of any such judgment, no other fee may Ibe payable or certified for payment for such representation except as provided in this paragraph. "(2) Any attorney who charges, demands, receives, or collects for services rendered in connection with proceedings before a court to which paragraph (1) is applicable any amount in excess of that allowed by the court thereunder shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a fine of not more than $500, or imprisonment for not more than one year, or both." CONTINUATION oi' WIDOW's AND W I D O W E R ' S INSURANCE BENEFITS APIER REMARRIAGE

SEC. 333. (a)(1) Subsection (e) of section 202 of the Social Security Act, as amended by section 308 of this Act, is amended by adding Ante, p. 376. at the end thereof the following new paragraph: "(4) If a widow, after attaining the age of 60, marries an individual (other than one described m subparagraph (A) or (B) of paragraph (3)), such marriage shall, for purposes of paragraph (1), be deemed not to have occurred; except that, notwithstanding the provisions of paragraph (2) and subsection (q), such widow's insur- 37^"'°' ^^' ^'^'

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PUBLIC LAW 89-97-JULY 30, 1965

Ante, p. 373. 4 2u*sc402^'

Ante,

p. 3 7 4.

Ante. p. 403.

42 u*sc 403V*

403"'sup^ra! ^^^'

[79 STAT.

ance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the husband dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based." (2) Paragraph (2) of such subsection, as amended by section 307 of this Act, Is furthcr amended by inserting before the comma "and paragraph (4) of this subsection". (b)(1) Subsection (f) of such section is amended by adding at the end thereof the following new paragraph: "(5) If a widower, after attaining the age of 62, marries an individual (other than one described in subparagraph (A) or (B) of aragraph (4)), such marriage shall, for purposes of paragraph (1), e deemed not to have occurred; except that, notwithstanding the provisions of paragraph (3) and subsection (q), such widower's insurance benefit for the month in which such marriage occurs and each month thereafter prior to the month in which the wife dies or such marriage is otherwise terminated, shall be equal to 50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based." (2) Paragraph (3) of such subsection is amended by striking out "Such" and inserting in lieu thereof "Except as provided in paragraph (5), such". (c)(1) Paragraph (2)(B) of subsection (k) of such section 202 is amended by inserting "other than an individual to whom subsection (g)(4) ^j. (f^ (5) applics)" after "Any individual" and by adding at the end thereof the following new sentence: "Any individual who is entitled for any month to more than one widow's or widower's insurance benefit to which subsection (e)(4) or (f)(5) applies shall be entitled to only one such benefit for such month, such benefit to be the largest of such benefits.". (2) Paragraph (3) of such subsection is amended by inserting " (A) " after " (3) " and by adding at the end thereof the following new subparagraph: " (B) If an individual is entitled for any month to a widow's or widower's insurance benefit to which subsection (e)(4) or (f)(5) applies and to any other monthly insurance benefit under section 202 (other than an old-age insurance benefit), such other insurance benefit for such month, after any reduction under subparagraph (A), any reduction under subsection (q), and any reduction under section 203(a), shall be reduced, but not below zero, by an amount equal to such widow's or widower's insurance benefit after any reduction or reductions under such subparagraph (A) and such section 203(a)." (d) The amendments made by this section shall apply with respect, to monthly insurance benefits under section 202 of the Social Securitvi Act beginning with the second month following the month in which this Act is enacted; but, in the case of an individual who was not entitled to a monthly insurance benefit under section 202(e) or (f) of such Act for the first month following the month in which this Act ds enacted, only on the basis of an application filed in or after the month in which this Act is enacted.

P

C H A N G E S I N DEFINITIONS OF W I F E, W I D O W, H U S B A N D, A N D WIDOWER

Ante. p. 373.

SEC. 334. (a) Section 216(b) of the Social Security Act, as amended ^jy gection 306 of this Act, is amended by striking out "or" at the end of clause (3)(A), and by inserting immediately before the period at the end thereof the following:", or (C) was entitled to, or upon appli-

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cation therefor and attainment of the required a ^ (if any) would have been entitled to, a widow's, child's (after attainment or age 18), or parent's insurance annuity under section 5 of the Railroad Retirement Act of 193T, as amended". 45u1c228;. (b) Section 216(c) of such Act, as amended by section 306 of this Act, is amended by striking out "or" at the end of clause (6)(A), and '^"^^' ^' ^'^^• by inserting immediately before the period at the end thereof the following: ", or (C) she was entitled to, or upon application therefor and attainment of the required age (if any) would have been entitled to, a widow's, child's (after attainment of age 18), or parent's insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended". (c) Section 216(f) of such Act, as amended by section 306 of this Act, is amended by striking out "or" at the end oi clause (3)(A), and by inserting immediately before the period at the end thereof the following: ", or (C) he was entitled to, or upon application therefor and attainment of the required age (if any) he would have been entitled to, a widower's, child's (after attainment of age 18), or parent's insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended". (d) Section 216(g) of such Act, as amended by section 306 of this Act, is amended by striking out "or" at the end of clause (6)(A), and by inserting immediately before the period at the end thereof the following:, or (C) he was entitled to, or on application therefor and attainment of the required age (if any) he would have been entitled to, a widower's, child's (after attainment of age 18), or parent's insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended". (e) Section 202(c)(2) is amended by striking out "or" at the end AJtl,%^^37^2.^^'' of subparagraph (A), by striking out the period at the end of sub- 42 USC 402. paragraph (B) and inserting in lieu thereof "; or", and by adding after such subparagraph (B) the following new subparagraph: " (C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any) would have been entitled to, a widower's, child's (after attainment of age 18), or parent's insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended." (f) Section 202(f)(2) of such Act is amended by striking out "or" at the end of subparagraph (A), by striking out the period at the end of subparagraph (B) and inserting in lieu thereof "; or", and by adding after such subparagraph (B) the following new subparagraph: " (C) in the month prior to the month of his marriage to such individual he was entitled to, or on application therefor and attainment of the required age (if any), would have been entitled to, a widower's, child's (after attainment of age 18), or parent's insurance annuity under section 5 of the Railroad Retirement Act of 1937, as amended." (g) The amendments made by this section shall be applicable only with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month 42 USC 401. in which this Act is enacted, but only on the basis of applications filed in or after the month in which this Act is enacted.

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PUBLIC LAW 89-97-JULY 30, 1965

[79 STAT.

REDUCTION OF BENEFITS ON RECEIPT OF W O R K M E N ' S COMPENSATION

42 USC 401. 42 u'sc 423^.'

SEC. 335. Effective with respect to benefits under title II of the Social Security Act for months after December 1965 based on the wages and self-employment income of an individual who is entitled to benefits under section 223 of such Act and whose period of disability (as defined in such title) began after June 1, 1965, title II of such Act is amended by inserting after section 223 the following new section: " REDUCTION OF BENEFITS BASED ON DISABILITY ON ACCOUNT OF RECEIPT OF W O R K M E N ' S COMPENSATION

42 u*sc 402^'

"SEC 224. (a) If for any month prior to the month in which an individual attains the age of 62— "(1) such individual is entitled to benefits under section 223, and "(2) such individual is entitled for such month, under a workmen's compensation law or plan of the United States or a State, to periodic benefits for a total or partial disability (whether or not permanent), and the Secretary has, in a prior month, received notice of such entitlement for such month, the total of his benefits under section 223 for such month and of an benefits under section 202 for such month based on his wages and sel employment income shall be reduced (but not below zero) by the amount by which the sum of— "(3) such total of benefits under sections 223 and 202 for such month, and "(4) such periodic benefits payable (and actually paid) for such month to such individual under the workmen's compensation law or plan, exceeds the nigher of— "(5) 80 per centum of his 'average current earnings', or "(6) the total of such individuals disability insurance benefits under section 223 for such month and of any monthly insurance benefits under section 202 for such month based on his wa^es and self-employment income, prior to reduction under this section. In no case shall the reduction in the total of such benefits under sections 223 and 202 for a month (in a continuous period of months) reduce such total below the sum of— "(7) the total of the benefits under sections 223 and 202, after reduction under this section, with respect to all persons entitled to benefits on the basis of such individual's wages and self-employment income for such month which were determined for such individual and such persons for the first month for which reduction under this section was made (or which would have been so determined if all of them had been so entitled in such first month), and "(8) any increfise in such benefits with respect to such individual and such persons, before reduction under this section, which is made effective for months after the first month for which reduction under this section is made. For purposes of clause (5), an individual's average current earnings means the larger of (A) the average monthly wage used for purposes of computing his benefits under section 223, or (B) one-sixtieth of the total of his wages and self-employment income for the five consecutive calendar years after 1950 for which such wages and self-employment income were highest.

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"(b) If any periodic benefit under a workmen's compensation law or plan is payable on other than a monthly basis (excluding a benefit payable as a lump sum except to the extent that it is a commutation of, or a substitute for, periodic payments), the reduction under this section shall be made at such time or times and in such amounts as the Secretary finds will approximate as nearly as practicable the reduction prescribed by subsection (a). "(c) Reduction of benefits under this section shall be made after any reduction under subsection (a) of section 203, but before deductions under such section and under section 222(b). "(d) The reduction of benefits reg^uired by this section shall not be made if the workmen's compensation law or plan under which a periodic benefit is payable provides for the reduction thereof when anyone is entitled to benefits under this title on the basis of the wages and self-employment income of an individual entitled to benefits under section 223. "(e) If it appears to the Secretary that an individual may be eligible for periodic benefits under a workmen's compensation law or plan which would give rise to reduction under this section, he may require, as a condition of certification for payment of any benefits under section 223 to any individual for any month and of any benefits under section 202 for such month based on such individual's wages and selfemployment income, that such individual certify (i) whether he has filed or intends to file any claim for such periodic benefits, and (ii) if he has so filed, whether there has been a decision on such claim. The Secretary may, in the absence of evidence to the contrary, rely upon such a certification by such individual that he has not filed and does not intend to file such a claim, or that he has so filed and no final decision thereon has been made, in certifying benefits for payment pursuant to section 205(i). "(f)(1) In the second calendar year after the year in which reduction under this section in the total of an individual's benefits under section 223 and any benefits under section 202 based on his wages and self-employment income was first required (in a continuous period of months), and in each third year thereafter, the Secretary shall redetermine the amount of such benefits which are still subject to reduction under this section; but such redetermination shall not result in any decrease in the total amount of benefits payable under this title on the basis of such individual's wages and self-employment income. Such redetermined benefit shall be determined as of, and shall become effective with, the January following the year in which such redetermination was made. "(2) In making the redetermination required by paragraph (1), the individual's average current earnings (as defined in subsection (a)) shall be deemed to be the product of his average current earnings as initially determined under subsection (a) and the ratio of (i) the average of the taxable wages of all persons for whom taxable wages were reported to the Secretary for the first calendar quarter of the calendar year in which such redetermination is made, to (ii) the average of the taxable wages of such persons reported to the Secretary for the first calendar quarter of the taxable year in which the reduction was first computed (but not counting any reduction made in benefits for a previous period of disability). Any amount determined under the preceding sentence which is not a multiple of $1 shall be reduced to the next lower multiple of $1.

407

Ante, p. 363, 378. 70 Stat. 817. 42 USC 422.

70 Stat. 815. 42 USC 423.

64 Stat. 48 2. 42 USC 402.

S3 Stat. 1371. 42 USC 405.

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PUBLIC LAW 89-97-JULY 30, 1965

[79 STAT.

" (g) Whenever a reduction in the total of benefits for any monlh based on an individual's wages and self-employment income is made under this section, each benefit, except the disability insurance benefit, shall first be proportionately decreased, and any excess of such reduction over the sum of all such benefits other than the disability insurance benefit shall then be applied to such disability insurance benefit." PAYMENT OF COSTS OF REHABILITATION SERVICES FROM THE TRUST FUNDS

42 USC ^22.'

^ ^ - ^^^- Section 222 of the Social Security Act is amended by adding at the end thereof the following new subsection: " C O S T S O F REHABILITATION SERVICES FROM TRUST FUNDS

" (d)(1) For the purpose of making vocational rehabilitation services more readily available to disabled individuals who are— " (A) entitled to disability insurance benefits under section 70 Stat. 815. 223. or 64 Stat. 482. " (B) entitled to child's insurance benefits under section 202 42 USC 402. (d) after having attained age 18 (and are under a disability), to the end that savings will result to the Trust Funds as a result of rehabilitating the maximum number of such individuals into productive activity, there are authorized to be transferred from the Trust Funds such sums as may be necessary to enable the Secretary to pay the costs of vocational rehabilitation services for such individuals (including (i) services during their waiting periods, and (ii) so much of the expenditures for the administration of any State plan as is attributable to carrying out this subsection); except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits Ante. pp. 370, under section 202(d) for children who have attained age 18 and are under a disability, and the benefits under section 223, which were certified for payment in the preceding year. The selection of individuals (including the order in which they shall be selected) to receive such services shall be made in accordance with criteria formulated by the Secretary which are based upon the effect the provision of such services would have upon the Trust Funds. "(2) In the case of each State which is willing to do so, such vocational rehabilitation services shall be furnished under a State plan for vocational rehabilitation services which— " (A) has been approved under section 5 of the Vocational 68 Stat. 656. Eehabilitation Act, 29 USC 35. " (B) pr^ovides that, to the extent funds provided under this subsection are adequate for the purpose, such services will be furnished, to any individual in the State who meets the criteria prescribed by the Secretary pursuant to paragraph (1), with reasonable promptness and in accordance with the order of selection determmed under such criteria, and " (C) provides that such services will be furnished to any individual without regard to (i) his citizenship or place of residence, (ii) his need for financial assistance except as provided in reg^ulations of the Secretary in the case of maintenance during rehabilitation, or (iii) any order of selection which would otherwise be followed under the State plan pursuant to section 5(a)(4) of the Vocational Rehabilitation Act. " (3) In the case of any State which does not have a plan which meets the requirements of paragraph (2), the Secretary may provide such services by agreement or contract with other pulilio or private agencies, organizations, institutions, or individuals.

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" (4) Payments under this subsection may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. " (5) Money paid from the Trust Funds under this subsection to pay the costs of providing services to individuals who are entitled to benefits under section 223 (including services during their waiting periods), ^° ^*|^- ^^yor who are entitled to benefits under section 202(d) on the basis of the 64 Stat. 482; wages and self-employment income of such individuals shall be ^"'®' PP; •^^°' 3^^charged to the Federal Disability Insurance Trust Fund, and all other Ante, p. 370. money paid out from the Trust Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Secretary shall determine according to such methods and procedures as he may deem appropriate— " (A) the total cost or the services provided under this subsection, and " (B) subject to the provisions of the preceding sentence, the amount of such cost which should be charged to each of such Trust Funds. "(6) For the purposes of this subsection the term 'vocational rehabilitation services' shall have the meaning assigned to it in the Voca652. tional Rehabilitation Act, except that such services may be limited in 68 Stat. 31 note. 29 USC type, scope, or amount in accordance with regulations of the Secretary designed to achieve the purposes of this subsection." TEACHERS I N THE STATE OF M A I N E

SEC. 337. (a) Section 316 of the Social Security Amendments of 1958 yJl^H^'Ao'^'^'' is amended by striking out "July 1, 1965" and inserting in lieu thereof 42 USC 418 "July 1, 1967". "°t«(b) The amendment made by this section shall be effective as of July 1, 1965. MODIFICATION

OF A G R E E M E N T W I T H N O R T H DAKOTA RESPECT TO CERTAIN S T U D E N T S

AND IOWA

WITH

SEC. 338. Notwithstanding any provision of section 218 of the Social Security Act, the agreements with the States of North Dakota ^^ ^*^^- ^ g^ Y "and Iowa entered into pursuant to such section may, at the option of the State, be modified so as to exclude service performed in any calendar quarter in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university and if the remuneration for such service is less than $50. Any modification of either of such agreements pursuant to this Act shall be effective with respect to services performed after an effective date specified in such modification, except that such date shall not be earlier than the date of enactment of this Act. Q U A L I F I C A T I O N OF C H I L D R E N N O T Q U A L I F I E D U N D E R STATE L A W

SEC. 339. (a) Section 216(h) of the Social Security Act is amended 7/statr\'o3o^' by adding at the end thereof the following new paragraph: 42 USC 416. " (3) An applicant who is the son or daughter of a fully or currently insured individual, but who is not (and is not deemed to be) the child of such insured individual under paragraph (2), shall nevertheless be deemed to be the child of such insured individual if: " (A) in the case of an insured individual entitled to old-age insurance benefits (who was not, in the month preceding such entitlement, entitled to disability insurance benefits)— 49-850 0-66—29

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74 Stat. 952. 42 USC 402.

PUBLIC LAW 89-97-JULY 30, 1965

^79 STAT.

" (i) such insured individual— " (I) has acknowledged in writing that the applicant is his son or daughter, " ( II) has been decreed by a court to be the father of the applicant, or " ( III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made not less than one year before such insured individual became entitled to old-age insurance benefits or attained age 65, whichever is earlier; or "(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of the applicant at the time such insured mdividual became entitled to benefits or attained age 65, whichever first occurred; " (B) in the case of an insured individual entitled to disability insurance benefits, or who was entitled to such benefits in the month preceding the first month for which he was entitled to oldage insurance benefits— "(i) such insured individual—• " (I) has acknowledged in writing that the applicant is his son or daughter, " ( II) has been decreed by a court to be the father of the applicant, or " ( III) has been ordered by a court to contribute to the support of the applicant because the applicant is his son or daughter, and such acknowledgment, court decree, or court order was made before such insured individuaj's most recent period of disability began; or "(ii) such insured individual is shown by evidence satisfactory to the Secretary to be the father of the applicant and was living with or contributing to the support of that applicant at the time such period of disability began; " (C) in the case of a deceased individual— " (i) such insured individual— " (I) had acknowledged in writing that the applicant is his son or daughter, " ( II) had been decreed by a court to be the father of the applicant, or "(III) had been ordered by a court to contribute to the support of the applicant because the applicant was his son or daughter, and such acknowledgment, court decree, or court order was made before the death of such insured individual, or "(ii) such insured individual is shown by evidence satisfactory to the Secretary to have been the father of the applicant, and such insured individual was living with or contributing to the support of the applicant at the time such insured individual died." (b) Section 202(d) of such Act is amended by inserting after «216(h)(2)(B) " the following: "or section 216(h)(3)".

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(c) The amendments made by subsections (a) and (b) shall be applicable with respect to monthly insurance benefits under title II of the Social Security Act beginning with the second month following the month in which this Act is enacted but only on the basis of an application filed in or after the month in which this Act is enacted.

411

^2 USC 401.

DISCLOSURE, UNDER CERTAIN CIRCUMSTANCES, TO COURTS A N D INTERESTED WELFARE AGENCIES OF WHEREABOUTS OF INDIVIDUALS

SEC. 340. Section 1106 of the Social Security Act is amended by ^J Jta^ 5 5 ^ ^9 adding at the end thereof the following new subsection: "(c)(1) Upon request (filed in accordance with paragraph (2) of this subsection) of any State or local agency participating in administration of the State plan approved under title I, IV, X, X IV, X VI, or X IX, or participating in the administration of any other State or 42 USC 301 et local public assistance program, for the most recent address of any ^*'^* individual included in the files of the Department of Health, Education, and Welfare maintained pursuant to section 205, the Secretary ^2^*|l* ^Q^^' shall furnish such address, or the address of the most recent employer, or both, if such agency certifies that— " (A) an order has been issued by a court of competent jurisdiction against such individual for the support and maintenance of his child or children who are under the age of 16 in destitute or necessitous circumstances, '^(B) such child or children are applicants for or recipients of assistance available under such a plan or program, " (C) such agency has attempted without success to secure such information from all other sources reasonably available to it, and " (D) such information is requested (for its own use, or on the request and for the use of the court which issued the order) for the purpose of obtaining such support and maintenance. "(2) A request under paragraph (l) shall be filed in such manner and form as the Secretary may prescribe, and shall be accompanied by a certified copy of the order referred to in paragraph (1)(A). "(3) The penalties provided in the second sentence of subsection (a) shall apply with respect to use of information provided under paragraph (1) of this subsection except for the purpose authorized by subparagraph (D) thereof. "(4) The Secretary, in such cases and to such extent as he may prescribe in accordance with regulations, may require payment for the cost of information provided under paragraph (1); and the provisions of the second sentence of subsection (D) shall apply also with respect to payment under this paragraph." ADDITIONAL PERIOD FOR FILING MINISTERS CERTIFICATES

SEC. 341. (a) Clause (B) of section 1402(e)(2) of the Internal Revenue Code of 1954 (relating to time for filing waiver certificate by 7g^stft^\*o76^' ministers, members of religious orders, and Christian Science practi- 26 USC 1402. tioners) is amended by striking out "his second taxable year ending after 1962" and inserting in lieu thereof "his second taxable year ending after 1963". (b) Section 1402(e)(3) of such Code (relating to effective date of ''l^H^^ ^ "; certificate) is amended by adding at the end thereof the following ^^ new subparagraph:

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26 USC 1402 42 USC 4 0 1.

PUBLIC LAW 89-97-JULY 30, 1965

" (D) Notwithstanding the first sentence of subparagraph (A), if an individual files a certificate after the date of the enactment of this subparagraph and on or before the due date of the return (including any extension thereof) for his second taxable year ending after 1963, such certificate shall be effective for his first taxable year ending after 1962 and all succeeding years." (c) The amendments made by subsections (a) and (b) shall be applicable only with respect to certificates filed pursuant to section 1402 (g^ of the Internal Revenue Code of 1954 after the date of the enactment of this Act; except that no monthly benefits under title II of the Social Security Act for the month in which this Act is enacted or any prior month shall be payable or increased by reason of such amendments. RECTEFYING

42 USC' 4\^8l'

ERROR I N I N T E R P R E T I N G L A W SCHOOL E M P L O Y E E S I N

/intt ^*^*'370' 397.' ' ' 42 USC 402.

OF

C H I L D ' S INSURANCE BENEFITS BROTHER OR SISTER

CERTAIN

AFTER

ADOPTION

BY

SEC. 343. (a) Section 202(d)(1)(D) of the Social Security Act (as amended by section 306(b) of this Act) is further amended by striking out "or uncle" and inserting in lieu thereof "uncle, brother, or sister". (b) The amendment made by subsection (a) shall apply only with respect to monthly insurance benefits under title II of the Social Security Act for months after the month in which this Act is enacted; except that, in the case of an individual who was not entitled to child's insurance benefits under section 202(d) of such Act for the month in which this Act was enacted, such amendment shall apply only on the basis of an application filed in or after the month in which this Act is enacted. DISABILITY INSURANCE B E N E F I T S FOR THE

Ants, p. 367.

W I T H RESPECT TO ALASKA

SEC. 342. For purposes of the agreement under section 218 of the Social Security Act entered into by the State of Alaska, or its predecessor the Territory of Alaska, where employees of an integral unit of a political subdivision of the State or Territory of Alaska have in good faith been included under the State or Territory's agreement as a coverage group on the basis that such integral unit of a political subdivision was a political subdivision, then such unit of the political subdivision shall, for purposes of section 218(b)(2) of such Act, be deemed to be a political subdivision, and employees performing services within such unit shall be deemed to be a coverage group, effective with the effective date specified in such agreement or modification of such agreement with respect to such coverage group and ending with the last day of the year in which this Act is enacted. CONTINUATION

Ante,, p. 371.

[79 STAT.

BLIND;

SPECIAL

PROVISIONS

SEC. 344. (a) Section 216(i)(3) of the Social Security Act (as amended by section 303 of this Act) is further amended by striking out subparagraph (B) and all that follows and inserting in lieu thereof the following: " (B)(i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with such quarter, or "(ii) if such quarter ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as

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defined in paragraph (1)), not less than one-half (and not less' than 6) of the quarters during the period ending with such quarter and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12quarter period ending with such quarter were quarters of coverage; except that the provisions of subparagraph (A) of this paragraph shall not apply in the case of an individual with respect to whom a period of disability would, but for such subparagraph, begin before 1951. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a prior period of disability unless such quarter was a quarter of coverage." (b) Section 223(c)(1) of such Act is amended by striking out sub- ^o sm. s^is. paragraph (B) and inserting in lieu thereof the following: " (B)(i) he had not less than 20 quarters of coverage during the 40-quarter period which ends with the quarter in which such month occurred, or "(ii) if such month ends before he attains (or would attain) age 31 and he is under a disability by reason of blindness (as defined in section 2 1 6 (i)(l)), not less than one-half (and not es Stat. loso. less than 6) of the quarters during the period ending with the '*^ USC 4i6. quarter in which such month occurred and beginning after he attained the age of 21 were quarters of coverage, or (if the number of quarters in such period is less than 12) not less than 6 of the quarters in the 12-quarter period ending with such quarter were quarters of coverage. For purposes of subparagraph (B) of this paragraph, when the number of quarters in any period is an odd number, such number shall be reduced by one, and a quarter shall not be counted as part of any period if any part of such quarter was included in a period of disability unless such quarter was a quarter of coverage." (c) Section 223(a)(1) of such Act (as amended by section 303 of this Act) is further amended by adding the following sentence ^"'*' P* 367. at the end thereof: "No payment under this paragraph may be made to an individual who would not meet the definition of disability in subsection (c)(2) except for subparagraph (B) thereof for any month in which he engages in substantial gainful activity, and no payment may be made for such month under subsection (b), (c), or (d) of section 202 to any person on the basis of the wages and self- ^"'*' f " ^7°' ^ employment income of such individual." 482! (d) The first sentence of section 223(c)(2) of such Act (as 42 USC 402. amended by section 303 of this Act) is further amended by adding after subparagraph (A) the following new subparagraph: " (B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of 'blindness' as defined in section 2 1 6 (i)(l)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time." (e) The amendments made by this section shall apply only with respect to monthly benefits under title II of the Social Security Act '^^ use 401. for months after the first month following the month in which this Act is enacted, on the basis of applications for such benefits filled in or after the month in which this Act is enacted.

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PUBLIC LAW 89-97-JULY 30, 1%5

[79 STAT.

TITLE IV—PUBLIC ASSISTANCE AMENDMENTS INCREASED

76 Stat.^193.

72 Stat. loso. '^^ " ^ ^ *

42us"c306*

l\ usl; U83.

FEDERAL

P A Y M E N T S U N D E R P U B L I C ASSISTANCE THE SOCIAL S E C U R I T Y ACT

TITLES

OF

SEC. 401. (a) Section 3 (ti)(1) of the Soclal Security Act is amended (1) by striking out, in so much thereof as precedes clause (A), "during such quarter" and inserting in lieu thereof "during each month of such quarter"; (2) by striking out, in clause (A), "29/35", "any month", and "$35" and inserting in lieu thereof "31/37", "such month", and "$37", respectively; and (3) by striking out clauses (B) and (C) and inserting in lieu thereof the following: " (B) the larger of the following: " (i)(I) the Federal percentage (as defined in section 1101(a)(8)) of the amount by which such expenditures exceed the amount which may be counted under clause (A), not counting so much of such excess with respect to such month as exceeds the product of $38 multiplied by the total number of recipients of old-age assistance for such month, plus ( II) 15 per centum of the total expended during such month as om-age assistance under the State plan m the form of medical or any other type of remedial care, not counting so much of such expenditure with respect to such month as exceeds the product of $15 multiplied by the total number of recipients of old-age assistance for such month, or " ( i i)(I) the Federal medical percentage (as defined in section 6(c)) of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditures with respect to such month as exceeds (a) the product of $52 multiplied by the total number of such recipients of old-age assistance for such month, or (b) if smaller, the total expended as old-age assistance in the form of medical or any other type of remedial care with respect to such month plus the product of $37 multiplied by such total number of such recipients, plus ( II) the Federal percentage of the amount by which the total expended during such month as old-age assistance under the State plan exceeds the amount which may be counted under clause (A) and the preceding provisions of this clause (B) (ii), not counting so much of such excess with respect to such month as exceeds the product of $38 multiplied by the total number of such recipients of old-age assistance for such month;". (b) Section 1603(a)(1) of such Act is amended (1) by striking out, in so much thereof as precedes clause (A), "during such quarter" and inserting in lieu thereof "during each month of such quarter"; (2) by striking out, in clause (A), "29/35", "any month", and "$35" and inserting in lieu thereof "31/37", "such month", and "$37", respectively; and (3) by striking out clauses (B) and (C) and inserting in lieu thereof the following: " (B) the larger of the following: " (i)(I) the Federal percentage (as defined in section 1101(a)(8)) of the amount by which such expenditures exceed the amount which may be counted under clause (A), not counting so much of such excess with respect to such month as exceeds the product of $38 multiplied by the total number of recipients of aid to the aged, blind, or disabled for such month, plus ( II) 15 per centum of the total expended during such month as aid to the aged, blind, or disabled under

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 79 STAT. ]

PUBLIC LAW 89-97-JULY 30, 1965

415

the State plan in the form of medical or any other type of remedial care, not counting so much of such expenditure with respect to such month as exceeds the product of $15 multiplied by the total number of recipients of aid to the aged, blind, or disabled for such month, or " ( i i)(I) the Federal medical percentage (as defined in section 6(c)) of the amount by which such expenditures exceed the maximum which may be counted under clause (A), not counting so much of any expenditures with respect to such month as exceeds (a) the product of $52 multiplied by the total number of such recipients of aid to the aged, blind, or disabled for such month, or (b) if smaller, the total expended as aid to the aged, blind, or disabled in the form of medical or any other type of remedial care with respect to such month plus the product of $37 multiplied by such total number of such recipients, plus ( II) the Federal percentage of the amount by which the total expended during such month as aid to the aged, blind, or disabled under the State plan exceeds the amount which may be counted under clause (A) and the preceding provisions of this clause (B) ( i i), not counting so much of such excess with respect to such month as exceeds the product of $38 multiplied by the total number of such recipients of aid to the aged, olind, or disabled for such month;". (c) Section 403(a)(1) of such Act is amended (1) by striking out ''fourteen-seventeenths" and "$17" in clause (A) and inserting in lieu thereof "five-sixths" and "$18", respectively; and (2) by striking out (d) Section 1003(a)(1) of such Act is amended (1) by striking out, in clause (A), "29/35" and "$35" and inserting in lieu thereof "31/37" and "$37", respectively; and (2) by striking out, in clause (B), "$70" and inserting in lieu thereof "$75". (e) Section 1403(a)(1) of such Act is amended (1) by striking out, in clause (A), "29/35" and "$35" and inserting in lieu thereof "31/37" and "$37", respectively; and (2) by striking out, in clause (B), "$70" and inserting in lieu thereof "$75". (f) The amendments made by this section shall apply in the case of exiDenditures made after December 31, 1965, under a State plan approved under title I, IV, X, X IV, or X VI of the Social Security Act. ^
 * '$30" in clause (B) and inserting in lieu thereof "$32".

7

5

>

?

PROTECTIVE

J

lofi^^n^nl'

42 USC 306.

^6 Stat. ^74. 42 USC 603. "^ ""'" ""' 42 USC 1203.

42 USC 1353.

^2 USC 301. gOi^ 1201, 1351, 1381.

PAYMENTS

SEC. 402. (a) Section 6(a) of the Social Security Act (as amended by section 221 of this Act) is amended by adding at the end thereof the following new sentence: "Such term also includes payments which are not included within the meaning of such term under the preceding sentence, but which would be go included except that they are made on behalf of such a needy individual to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such needy individual, but only with respect to a State whose State plan approved under section 2 includes provision for— "(1) determination by the Stat© agency that such needy indiyidual has, by reason of his physical or mental condition, such inability to manage funds that making payments to him would be contrary to his welfare and, therefore, it is necessary to provide such assistance through payments described in this sentence;

^"'*' P* '^^^'

" 2 USC 302. ^

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PUBLIC LAW 89-97-JULY 30, 1965

72 Stat. 10 52. • 42 USC 1311.

Ante,

p. 358.

76 Stat. 198. 42 USC 138 2.

Ante,

p. 358.

[79 STAT.

"(2) making such payments only in cases in which such payments will, under the rules otherwise applicable under the State plan for determining need and the amount of old-age assistance to Be paid (and in conjunction with other income and resources), meet all the need of the individuals with respect to whom such payments are made; "(3) undertaking and continuing special efforts to protect the welfare of such individual and to improve, to the extent possible, his capacity for self-care and to manage funds; " (4) periodic review by such State agency of the determination under paragraph (1) to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment of a guardian or other legal representative, as described in section 1111, if and when it appears that such action will best serve the interests of such needy individual; and "(5) opportunity for a fair hearing before the State agency on the determination referred to in paragraph (1) for any individual with respect to whom it is made." (b) Section 1605(a) of such Act (as amended by section 221 of this Act) is amended by adding at the end thereof (after and below paragraph (2)) the following new sentence: "Such term also includes payments which are not included within the meaning of such term under the preceding sentence, but which would be so included except that they are made on behalf of such a needy individual to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such needy individual, but only with respect to a State whose State plan approved under section 1602 includes provision for— " (A) determination by the State agency that such needy individual has, by reason of his physical or mental condition, such inability to manage funds that making payments to him would be contrary to his welfare and, therefore, it is necessary to provide such aid through payments described in this sentence; " (B) making such payments only in cases in which such payments will, under the rules otherwise'applicable under the otate plan for determining need and the amount of aid to the aged, blind, or disabled to be paid (and in conjunction with other income and resources), meet all the need of the individuals with respect to whom such payments are made; " (C) undertaking and continuing special efforts to protect the welfare of such individual and to improve, to the extent possible, his capacity for self-care and to manage funds; " (D) periodic review by such State agency of the determination under clause (A) to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment of a guardian or other legal representative, as described in section 1111, if and when it appears that such action will best serve the interests of such needy individual; and " (E) opportunity for a fair hearing before the State agency on the determination referred to in clause (A) for any individual with respect to whom it is made." (c) Section 1006 of the Social Security Act (as amended by section 221 of this Act) is amended by adding at the end thereof the following new sentence: "Such term also includes payments which are not in-

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 79 STAT. ]

PUBLIC LAW 89-97-JULY 30, 1965

417

eluded within the meaning of such term under the preceding sentence, but which would be so included except that they are made on behalf of such a needy individual to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such needy individual, but only 49 Stat. 645. with respect to a State whose State plan approved under section 1002 42 USC 120 2. includes provision for— "(1) determination by the State agency that such needy individual has, by reason of his physical or mental condition, such inability to manage funds that making payments to him would be contrary to his welfare and, therefore, it is necessary to provide such aid through payments described in this sentence; "(2) making such payments only in cases in which such payments will, under the rules otherwise applicable under the State plan for determining need and the amount of aid to the blind to be paid (and in conjunction with other income and resources), meet all the need of the individuals with respect to whom such payments are made; "(3) undertaking and continuing special efforts to protect the welfare of such individual and to improve, to the extent possible, his capacity for self-care and to manage funds; "(4) periodic review by such State agency of the determination under paragraph (1) to ascertain whether conditions justifying such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment of a guardian or other legal representative, as described in section 1111, if and when it appears that such action ^2 Stat. 1052. will best serve the interests of such needy individual; and " "(5) opportunity for a fair hearing before the State agency on the determination referred to in paragraph (1) for any individual with respect to whom it is made." (d) Section 1405 of the Social Security Act (as amended by section 221 of this Act) is amended by adding at the end thereof the follow- ^"'*' P* ^^^' ing new sentence: "Such term also includes payments which are not included within the meaning of such term under the preceding sentence, but which would be so included except that they are made on behalf of such a needy individual to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such needy individual, but only with respect to a State whose State plan approved under section 1402 includes provision for— J^ ^^^^' ^^^^^ "(1) determination by the State agency that such needy individual has, by reason of his physical or mental condition, such inability to manage funds that making payments to him would be contrary to his welfare and, therefore, it is necessary to provide such aid through payments described in this sentence; "(2) making such payments only in cases in which such payments will, under the rules otherwise applicable under the State plan for determining need and the amount of aid to the permanently and totally disabled to be paid (and in conjunction with other income and resources), meet all the need of the individuals with respect to whom such payments are made; "(3) undertaking and continuing special efforts to protect the welfare of such individual and to improve, to the extent possible, his capacity for self-care and to manage funds; "(4) periodic review by such State agency of the determination nnder Daragraph (1) to ascertain whether conditions justifying

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 418

PUBLIC LAW 89-97-JULY 30, 1965

[79 STAT.

such determination still exist, with provision for termination of such payments if they do not and for seeking judicial appointment 72 Stat 10 52 ^^ ^ guardiau or other legal representative, as described in sec42 USC 1311.* tion 1111, if and when it appears that such action will best serve the interests of such needy mdividual; and "(5) opportunity for a fair hearing before the State agency on the determination referred to in paragraph (1) for any individual with respect to whom it is made." (e) The amendments made by this section shall apply in the case of expenditures made after December 31, 1965, under a State plan i2ol"f35i^°i38i. approved under title I, X, X IV, or X VI of the Social Security Act. DISREGARDING CERTAIN E A R N I N G S I N DETERMINING N E E D U N D E R ASSISTA N C E PROGRAMS FOR THE AGED, B L I N D, A N D DISABLED

42 us^c* 30^2'

Post, p. 423.

42 USC n^l*

64 Stat. 5|5.

III'ic'SI!:

SEC, 403. (a) Effective October 1, 1965, section 2(a) (10)(A) of the Social Security Act is amended by striking out "; except that, in making such determination, of the first $50 per month of earned income the State agency may disregard, after December 31, 1962, not more than the first $10 thereof plus one-half of the remainder" and inserting in lieu thereof the following: "; except that, in making such determination, (i) the State agency may disregard not more than $5 per month of any income and (li) of the first $80 per month of additional income which is earned the State agency may disregard not more than the first $20 thereof plus one-half of the remainder". (b) Effective October 1, 1965, section 402(a)(7) of the Social Security Act (as amended by section 410 of this Act) is further amended by inserting before the semicolon at the end thereof the following: ", and (C) the State agency may, before disregarding the amounts referred to in clauses (A) and (B), disregard not more than $5 of any income". (c) Effective October 1, 1965, section 1002(a)(8) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: ", and (C) may, before disregarding the amounts referred to in clauses (A) and (B), disregard not more than $5 of any income". ((J) Effective October 1, 1965, section 1402(a)(8) of such Act is amended by inserting after the semicolon at the end thereof the following: "except that, in making such determination, (A) the State agency may disregard not more than $5 of any income, (B) of the first $80 per month of additional income which is earned the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and (C) the State agency may, for a period not in excess of 36 months, disregard such additional amounts of other income and resources, in the case of an individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan, but only with respect to the part or parts of such period during substantially all of which he is actually undergoing vocational rehabilitation;". (e) Effective October 1, 1965, section 1602(a) (14) of such Act is amended to read as follows: " (14) provide that the State agency shall, in determining need for aid to the aged, blind, or disabled, take into consideration any other income and resources of an individual claiming such aid, as well as any expenses reasonably attributable to the earning of any such income; except that, in making such determination with respect to any individual—

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 79 STAT. ]

PUBLIC LAW 89-97-JULY 30, 1965

419

" (A) if such individual is blind, the State agency (i) shall disregard the first $85 per month of earned income plus one-half of earned income in excess of $85 per month, and (ii) shall, for a period not in excess of 12 months, and may, for a period not m excess of 36 months, disregard such additional amounts of other income and resources, in the case of any such individual who has a plan for achieving selfsupport approved by the State agency, as may be necessary for the fulfillment of such plan, " (B) if such individual is not blind but is permanently and totally disabled, (i) of the first $80 per month of earned income, the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and (ii) the State agency may, for a period not in excess of 36 months, disregard such additional amounts of other income and resources, in the case of any such individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan, but only with respect to the part or parts of such period during substantially all of which he is actually undergoing vocational rehabilitation, " (C) if such individual has attained age 65 and is neither blind nor permanently and totally disabled, of the first $80 per month of earned income the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and " (D) the State agency may, before disregarding the amounts referred to above in this paragraph (14), disregard not more than $5 of any income; and". ADMINISTRATIVE AND JUDICIAL REVIEW OF PUBLIC ASSISTANCE DETERMINATIONS

SEC. 404. (a) Title X I of the Social Security Act is amended by adding at the end thereof the following new section:

^' "^^ *^^^-

" ADMINISTRATIVE AND JUDICIAL REVIEW OF CERTAIN ADMINISTRATIVE DETERMINATIONS

"SEC. 1116. (a)(1) Whenever a State plan is submitted to the Secretary by a State for approval under title I, IV, X, X IV, X VI, or X IX, he shall, not later than 90 days after the date the plan is sub- ^^^ "s^^^ soi, mitted to him, make a determination as to whether it conforms to the lasi. requirements for approval under such title. The 90-day period pro- ^"^^' P- 343. vided herein may be extended by written agreement of the Secretary and the affected State. "(2) Any State dissatisfied with a determination of the Secretary under paragraph (1) with respect to any plan may, within 60 days after it has been notified of such determination, file a petition with the Secretary for reconsideration of the issue of whether such plan conforms to the requirements for approval under such title. Within 30 days after receipt of such a petition, the Secretary shall notify the State of the time and place at which a hearing will be held for the purpose of reconsidering such issue. Such hearing shall be held not less than 20 days nor more than 60 days after the date notice of such hearing is furnished to such State, unless the Secretary and such

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 420

72 Stat. 941.

62 Stat. 9 28. 601 S ^?35i 1381. ' ' Ante, p. 343.

PUBLIC LAW 89-97-JULY 30, 1965

[79 STAT.

State agree in writing to holding the hearing at another time. The^ Secretary shall affirm, modify, or reverse his original determination within 60 days of the conclusion of the hearing. " (3) Any State which is dissatisfied with a final determination made by the Secretary on such a reconsideration or a final determination of the Secretary under section 4,404, 1004, 1404, 1604^ or 1904 may, within 60 days after it has been notified of such determmation, file with the United States court of appeals for the circuit in which such State is located a petition for review of sudh determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his determination as provided in section 2112 of title 28, United States Code. "(4) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence. "(5) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of title 28, United States Code. " (b) For the purposes of subsection (a), any amendment of a State P^^? approved under title I, IV, X, X IV, X VI, or X IX may, at the option of the State, be treated as the submission of a new State plan. "(c) Action pursuant to an initial determination of the Secretary described in subsection (a) shall not be stayed pending reconsideration, but in the event that the Secretary subsequently determines that his initial determination was incorrect he shall certify restitution forthwith in a lump sum of any funds incorrectly withheld or otherwise denied. " (d) Whenever the Secretary determines that any item or class of items on account of which Federal financial participation is claimed under title I, IV, X, X IV, X VI, or X IX shall be disallowed for such participation, the State shall be entitled to and upon request shall receive a reconsideration of the disallowance." (b) The amendment made by subsection (a) shall apply only with respect to determinations made after December 31, 1965. M A I N T E N A N C E OF STATE P U B L I C ASSISTANCE EXPENDITURES

42 USC 1301. Ante, p. 419.

gj,(3 405. Title X I of the Social Security Act is amended by adding at the end thereof (after the new section 1116 added by section 404 of ^hls Act) the followlug new section: u M A I N T E N A N C E OF STATE EFFORT

"SEC. 1117. (a) The total of the amounts determined under sections 3, 403, 1003, 1403, 1603, and 1903 for any State for any quarter beginning after December 31, 1965, and ending before July 1, 1969, shall be reduced to the extent that— "(1) the excess of (A) the total of the amounts determined for the State under sections 3, 403, 1003, 1403, 1603, and 1903 for such quarter over (B) the total of the amounts determined for

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PUBLIC LAW 89-97-JULY 30, 1965

421

the State under sections 3, 403, 1003, 1403, and 1603 for the same quarter of the fiscal year ending June 30, 1965, is greater than "(2) the excess of (A) the total of the expenditures for such quarter (for which the determination is being made) under the plans of the State approved under titles I, IV, X, X IV, X VI, and X IX over (B) the total of the expenditures under the State ^^^ ^^^^ ^"g'g^ plans of the State approved under titles I, IV, X, X IV, and X VI las'i. for the same quarter of the fiscal year ending June 30, 1965; ^"'®' P- ^^S. except that, at the option of the State, any of the following may be substituted (with respect to the quarters of any fiscal year) for the amount determined as provided in paragraph (1)(B) — "(3) the total of the amounts determined for the State under sections 3, 403, 1003, 1403, and 1603 for the same quarter in the fiscal year ending June 30, 1964; or "(4) the average of the totals determined for the State under sections 3, 403, 1063, 1403, and 1603 for each quarter in the fiscal year ending June 30, 1964, or June 30, 1965. If the substitution of the total referred to in paragraph (3) is chosen by the State, there shall be substituted for the amount determined under clause (B) of paragraph (2) the total of the expenditures under the plans of the State approved under titles I, IV, X, X IV, and X VI for the quarter referred to in such paragraph (3), If the substitution of the average for either of the years referred to in paragraph (4) is chosen by the State, there shall be substituted for the amount determined under clause (B) of paragraph (2) the average of the total expenditures under the plans of the State approved under titles I, IV, X, X IV, and X VI for each quarter in the same fiscal year. " (b) For purposes of this section, expenditures under the plans of any State approved under titles I, IV, X, X IV, X VI, and X IX and the reduction determined with respect thereto under this section, shall be determined on the basis of data furnished by the State in the quarterly reports submitted by the State to the Secretary pursuant to and in accordance with the requirements of the Secretary under title I, IV, X, X IV, X VI, or X IX; and determinations so made shall be conclusive for purposes of this section. "(c) If a reduction is required under the preceding provisions of this section in the total of the amounts determined for a State under sections 3,403, 1003, 1403, 1603, and 1903 for any quarter, the Secretary shall determine which of such amounts shall be reduced and the extent thereof in such manner as in his judgment will best carry out the purpose of maintaining State effort under the Federal-State public assistance programs of the State, and with the total of such reductions to be equal to the reduction required under subsections (a) and (b) of this section." DISREGARDING OASDI B E N E F I T I N C R E A S E, A N D C H I L D ' S INSURANCE B E N E F I T P A Y M E N T S BEYOND AGE 1 8, TO THE E X T E N T ATTRIBUTABLE TO RETROACTIVE EFFECTIVE DATE

SEC. 406. Notwithstanding the provisions of sections 2(a) (10) and (11)(D), 402(a)(7), 1002(a)(8), 1402(a)(8), and 1602(a) (13) and (14) of the Social Security Act, a State may disregard, in deter- ^74 Stat. gss; mining need for aid or assistance under a State plan approved under stLt.'ioVs; 7 1 Stat. title I, IV, X, X IV, or X VI of such Act, any amount paid to any 523; 76 st'at. 199. individual under title II of such Act (or under the Kailroad Eetirement '^ ^ ^^^ '*° ^'

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 422 Ante, p. 400.

Ante, p. 361. Ante. p. 370.

PUBLIC LAW 89-97-JULY 30, 1965

[79 STAT.

^ ^ t of 1937 by reason of section 326(a) of this Act), for any one or more months which occur after December 1964 and before the third month following the month in which this Act is enacted, to the extent that such payment is attributable— (1) to the increase in monthly insurance benefits under the oldage, survivors, and disability insurance system resulting from the euactmeut of section 301 of this Act, or (2) to the payment of child's insurance benefits under such system after attainment of age 18, in the case of individuals attending school, rcsulting from the enactment of section 306 of this Act. E X T E N S I O N OF GRACE PERIOD FOR DISREGARDING CERTAIN I N C O M E FOR STATES W H E R E LEGISLATURE H A S N O T M E T I N REGULAR SESSION

lo fr^tfA' oQ^'^i use 298 1. 42 USC 301, las'i. ' ' Ante. p. 343.

SEC. 407. Notwithstanding the provisions of section 701 of the Economic Opportunity Act of 1964, no funds to which a State is otj^erwise entitled under title I, IV, X, X IV, X VI, or X IX of the Social Security Act for any period before the first month beginning after the adjournment of a State's first regular legislative session which adjoums after August 20, 1964 (the date of enactment pf the Economic Opportunity Act of 1964), shall be withheld by reason of any action taken pursuant to a State statute which prevents such State from complying with the requirements of subsection (a) of such section 701. TECHNICAL

76 Stat. 206. 42 USC 1308. 42 USC 303. 42 USC 1383.

Ante, p. 343. 42 us^c?3f2.

AMENDMENTS

RELATING

TO P U B L I C ASSISTANCE

PROGRAMS

ggc. 408. (a) Section 1108 of the Social Security Act is amended— ^ j ^ ^y striking out "$9,800,000, of which $625,000 may be used only for payments certified with respect to section 3(a)(2)(B) or 1 6 0 3 (a)(2)(B) " and inserting in lieu thereof "$9,800,000"; (2) by striking out "$330,000, of which $18,750 may be used only for payments certified with respect to section 3(a)(2)(B) or 1 6 0 3 (a)(2)(B) " and inserting m lieu thereof "$330,000"; and (3) by striking out "$450,000, of which $25,000 may be used only for payments certified with respect to section 3(a)(2)(B) or 1603(a)(2)(B) " and inserting in lieu thereof "$450,000". (b) The amendments made by subsection (a) shall be effective in the case of Puerto Rico, the Virgin Islands, or Guam with respect to fiscal years beginning on or after the date on which its plan under ^{^1^ X l X of Uie Soclal Security Act is approved. (^) (-^) Section 1112 of such Act is amended by striking out "for the aged". (2) The heading of section 1112 of such Act is amended by striking out "FOR THE AGED". E L I G I B I L I T Y OF C H I L D R E N OVER AGE 1 8 A T T E N D I N G

42 us^'60^6^^*

SCHOOL

SEC. 409. Clause (2)(B) of section 406(a) of the Social Security ^^^ ^s amended by striking out "(as determined in accordance with standards prescribed by the Secretary) a student regularly attending a high school in pursuance of a course of study leading to a high school diploma or its equivalent," and inserting in lieu thereof " ( a s determined by the State in accordance with standards prescribed by the Secretary) a student regularly attending a school, college, or university,".

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PUBLIC LAW 89-98-JULY 30, 1965

423

DISREGARDING CERTAIN EARNINGS IN DETERMINING NEED OF CERTAIN DEPENDENT CHILDREN

SEC. 410. Effective July 1, 1965, so much, of clause (7) of section 402(a) of the Social Security Act as follows the first semicolon is ^J^tfpf4 is^f' amended by inserting after "except that, in making such determina- 42 USC 602. tion," the following: " (A) the State agency may disregard not more than $50 per month of earned income of each dependent child under the age of 18 but not in excess of $150 per month of earned income of such dependent children in the same home, (B) ". FEDERAL

SHARE

OF PUBLIC ASSISTANCE

EXPENDITURES

SEC. 411. Title X I of the Social vSeeuiity Act is amended by adding at the end thereof (after section 1117, added by section 405 of this Act), the following new section:

42 USC 1301.

^"^®' P. 420.

"ALTERNATIVE FEDERAL PAYMENT WITH RESPECT TO PUBLIC ASSISTANCE EXPENDITURES

"SEC. 1118. In the case of any State which has in effect a plan approved under title X IX for any calendar quarter, the total of the ^"'*' ^' ^'*^' payments to which such State is entitled for such quarter, and for each succeeding quarter in the same fiscal year (which for purposes of this section means the 4 calendar quarters ending with June 30), under paragraphs (1) and (2) of sections 3(a), 403(a), 1003(a), 1403(a), and 1603 (a) shall, at the option of the State, be determined by application of the Federal medical assistance percentage (as defined in section 1905), instead of the percentages provided under each such Ante, p. 351. section, to the expenditures under its State plans approved under titles I, IV, X, X IV, and X VI, which would be included in deter- 42 USC 301, mining the amounts of the Federal payments to which such State is 1381.^^°^' ^^^^' entitled under such sections, but without regard to any maximum on the dollar amounts per recipient which may be counted under such sections." Approved July 30, 1965, 5:19 p.m.

Public Law 89-98 AN ACT To amend the Revised Organic Act of the Virgin Islands to provide for the payment of legislative salaries and expenses by the government of the Virgin Islands.

July 30, 1965 [H. R. 8721]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection ^e) Ll'"J^s"iat^orT'^^" of section 6 of the Revised Organic Act of the Virgin Islands (68 sauael an"' Stat. 497, 499), as amended (73 Stat. 568; 48 U.S.C. 1572(e)), is expenses. further amended to read as follows: "(e) Each member of the legislature shall be paid such compensation and shall receive such additional allowances or benefits as may be fixed under the laws of the Virgin Islands. Such compensation, allowances, or benefits, together with all other legislative expenses, shall be appropriated Iby, and paid out of funds of, the government of the Virgin Islands." Approved July 30, 1965.

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PUBLIC LAW 89-99-JULY 30, 1965

[79

STAT.

Public Law July 30, 1965 [S. 627]

Vessels. Inspection. "Oceanographic research vessel,"

"Scientific personnel."

46 USC 543 note.

46 USC 170 note.

AN ACT To exwnpt oceain>grapliic research vessels from the application of certain vessel inspection laws, and for other purposes. He It enacted by the Senate and House of Representatives of the Plifted States of America in Congress assembled, That, as used in tljisAct— (1) the term 'V)ceanographic research vessel'' means a vessel which the Secretary of the department in which the Coast Guard is operating finds is being employed exclusively in instruction in oceanography or limnology, or both, or exclusively in oceanographic research, including, but not limited to, such studies pertaining to the sea as seismic, gravity meter and magnetic exploration and other marine geophysical or geological surveys, atmospheric research, and biological research; (2) the term "scientific personnel"' means persons who are aboard a vessel solely for the purpose of engaging in scientific research, instructing, or receiving instruction, in oceanography or limnology. SEC. 2. An oceanographic research vessel shall not be considered a passenger vessel, a vessel carrying passengers, or a passenger-carrying vessel under the provisions of the laws relating to the inspection and manning of merchant vessels by reason of the carriage of scientific personnel. SEC. 3. An oceanographic research vessel shall not be deemed to be engaged in trade or commerce. hEC. 4. Scientific personnel on an oceanographic research vessel shall not be considered seamen under the provisions of title 53 of the Revised Statutes and Act amendatory thereof or supplementary thereto. SEC. 5. If the Secretary of the department in which the Coast Guard is operating determines that the application to any oceanographic research vessel of any provision of title 52 or title 53 of the Revised Statutes, or Acts amendatory thereof or supplementary thereto, is not necessary in the performance of the mission of the vessel, he may by regulation exempt any such vessel from such provision, upon such terms and conditions as lie may specify. Approved July 30, 1965.

Public Law 89-100 July 30, 1965 [H. R. 87 20]

Guam. Legislators, salaries and expenses.

AN ACT ffQ amend the Organic Act of Guam to provide for the payment of legislative salaries and expenses by the government of Guam. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subsection (e) of section 26 of the Organic Act of Guam (64 Stat. 884, 391; 48 U.S.C. 1421d(e)), is amended to read as follows: "(e) Each member of the legislature shall be paid such compensation and shall receive such additional allowances or benefits as may be fixed under the laws of Guam. Such compensation, allowances, or benefits, together with all other legislative expenses shall be appropriated by, and paid out of funds of, the government of Guam." Approved July 30, 1965.

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PUBLIC LAW 89-101-JULY 30, 1965

Public Law 89-101 AN ACT To amend section 2634 of title 10, United States Code, relating to the transportation of privately owned motor vehicles of members of the armed forces on a change of permanent station.

Be it enacted by the Senate and House of Representathefs of the United States of America in Congress assembled, That chapter 157 of title 10, United States Code, is amended as follows: (1) By amending section 2634 to read as follows: "§2634. Motor vehicles; for members on change of permanent station " (a) When a member of an armed force is ordered to make a change of permanent station, one motor vehicle owned by him and for his personal use or the use of his dependents may, unless a motor vehicle owned by him was transported in advance of that change of permanent station under section 406(h) of title 37, be transported, at the expense of the United States, to his new station or such other place as the Secretary concerned may authorize— "(1) on a vessel owned, leased, or chartered by the United States; " (2) by privately owned American shipping services; or "(3) by foreign-flag shipping services if shipping services described in clauses (1) and (2) are not reasonably available. When the Secretary concerned, or his designee, determines that a replacement for that motor vehicle is necessary for reasons beyond the control of the member and is in the interest of the United States, and he approves the transportation in advance, one additional motor vehicle 3f the member may be so transported. " (b) I n this section, 'change of permanent station' means the transfer or assignment of a member of the armed forces from one permanent station to another. I t includes the change from home or from the place from which ordered to active duty to first station upon appointment, call to active duty, enlistment, or induction, and from last duty station to home or to the place from which ordered to active duty upon separation from the service, placement upon the temporary disability retired list, release from active duty, or retirement. I t also includes an authorized change in home yard or home port of a vessel.'' (2) By striking out of the analysis:

July 30, 1965 [H. R. 8484]

Armed Forces. P r i v a t e l y owned motor v e h i c l e s, transportation. 78 Stat. 439.

" C h a n g e of permanent s t a t i o n. "

"2634. Motor vehicles: for members on permanent change of station."

and inserting in place thereof: "2634. Motor vehicles: for members on change of permanent station."

SEC. 2. Section 406(h)(2) of title 37, United States Code, is amended to read as follows: "(2) authorize the transportation of one motor vehicle owned by the member and for his or his dependents' personal use to that location by means of transportation authorized under section 2634 of title 10." SEC. 3. This Act shall be effective May 1, 1965. Any member who— (1) transported a motor vehicle at his personal expense after April 30, 1965, and before the enactment of this Act; and (2) would have been entitled to the transportation of such motor vehicle at Government expense under the provisions of this Act; 49-850 0-66—30

Effective date.

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PUBLIC LAW 89-102-JULY 30, 1965

[79 STAT.

Reimbursement, gj^all bc reimbursed for the allowable transportation cost actually expended by him. Appropriations available for permanent change of station travel shall be available for the reimbursements authorized by this Act. Approved July 30, 1965.

Public Law 89-102 July 30, 1965 [S. 26]

Golden Spike National Historic Site, Utah. Establishment.

Designation, administration, etc.

39 Stat. 535, 16 USC 1.

16 USC 461. Markers, other improvements. Construction.

Appropriation, limitation.

AN ACT To authorize the Secretary of the Interior to acquire lands for, and to develop, operate, and maintain, the Golden Spike National Historic Site.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assemtled^ That the Secretary of the Interior shall acquire on behalf of the United States by gift, purchase, condemnation, or otherwise, such lands and interest in land, together with any improvements thereon, as the Secretary may deem necessary for the purpose of establishing a national historic site commemorating the completion of the first transcontinental railroad across the United States on the site described on a map entitled "Proposed Golden Spike National Historic Site, Utah", prepared by the National Park Service, Southwest Region, dated February 1963. I n exercising his authority to acquire property by exchange, the Secretary may accept title to any non-Federal property within the area depicted on such drawing, and in exchange therefor he may convey to the grantor of such property any federally owned property in the State of Utah under his jurisdiction which he classifies as suitable for exchange or other disposal. The properties so exchanged shall be of approximately equal value, but the Secretary may accept cash from, or pay cash to, the grantor in order to equalize the values of the properties exchanged. SEC. 2. (a) The property acquired under the provisions of the first section of this Act shall be designated as the "Golden Spike National Historic Site" and shall be set aside as a public national memorial. The National Park Service, under the direction of the Secretary of the Interior, shall administer, protect, and develop such historic site, subject to the provisions of the Act entitled "An Act to establish a National P a r k Service, and for other purposes", approved August 25, 1916 (39 Stat. 525), as amended and supplemented, and the Act entitled "An Act to provide for the preservation of historic American sites, buildings, objects, and antiquities of national significance, and for other purposes", approved August 21, 1935 (49 Stat. 666), as amended. (b) I n order to provide for the proper development and maintenance of such national historic site, the Secretary of the Interior is authorized to construct and maintain therein such markers, buildings, and other improvements, and such facilities for the care and accommodation of visitors, as he may deem necessary. SEC. 3. There are hereby authorized to be appropriated such sums, but not more than $1,168,000, as may be necessary for the acquisition of land and interests in land and for the development of the Golden Spike National Historic Site pursuant to this Act. Approved July 30, 1965.

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PUBLIC LAW 89-105-AUGUST 4, 1965

Public Law 89-103 JOINT RESOLUTION To authorize the President to issue a proclamation commemorating the one hundred and seventy-fifth anniversary, on August 4, 1965, of the founding of the United States Coast Guard at Newburyport, Massachusetts.

Resolved by the Senate and House of Representatives of the United States of America in Congress ossembled^ That the President is hereby authorized and requested to issue a proclamation commemorating the one hundred and seventy-fifth anniversary, on August 4, 1965, of the founding of the United States Coast Guard at Newburyport, Massachusetts, a service which for the past century and three-quarters has been dedicated to humanity through the saving of life and property at sea, and calling upon the people of the United States to observe such anniversary with appropriate ceremonies and activities. Approved August 3, 1965.

August 3, 19 65 [S. J. R e s. 83]

U.S. Coast Guard 175th anary.

Public Law 89-104 AN ACT To amend the Act of August 7, 1935, to increase the authorized annual share of the United States as an adhering member of the International Council of Scientific Unions and Associated Unions.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That the Act of August 7, 1935 (22 U.S.C. 274), is amended by striking out ''$65,000" and inserting in lieu thereof "$100,000". Approved August 3, 1965.

August 3, 1965 [H. R. 8862]

49 Stat. 540; 72 Stat. 574.

Public Law 89-105 AN ACT To authorize assistance in meeting the initial cost of professional and technical personnel for comprehensive community mental health centers, and for other purposes.

August 4, 1965 [H. R. 2985]

Be it enacted by the Senate and House of Representatives of the Mental RetarUnited States of America in Congress assembled, That this Act may dation Facilities be cited as the "Mental Retardation Facilities and Community Mental and Community Mental Health Health Centers Construction Act Amendments of 1965". Centers ConSEC. 2. (a) The Mental Retardation Facilities and Community struction Act Mental Health Centers Construction Act is amended (1) by amend- Amendments of 1965. ing the heading of title II thereof to read " TITLE II—COMMU- 77 Stat. 282. N I T Y M E N T A L H E A L T H C E N T E R S ", (2) by inserting immedi- 42 USC 2661 ately below section 200 of such Act "PART A—GRANTS FOR CON- note. u s e 2681 42 STRUCTION", (3) by striking out "this title" each place where it et seq. appears in sections 201 through 207 of such Act and inserting in lieu thereof "this part", and (4) by striking out "title II " each place us where it appears in titles I and IV of such Act and inserting in lieu et42 seq. e 2691 thereof "part A of title II ". (b) Such Act is further amended by adding at the end of title II the following new part:

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PUBLIC LAW 89-105-AU GUST 4, 1965

[79

STAT.

''PART B — G R A N T S FOR INITIAL COST OF PROFESSIONAL AND TECHNICAL PERSONNEL OF CENTERS "AUTHORIZATION, DURATION, AND AMOUNT OF GRANTS

"SEC. 220. (a) For the purpose of assisting in the establishment and initial operation of community mental health centers providing all or part of a comprehensive community mental health program, the Secretary may, in accordance with the provisions of this part, make grants to meet, for the temporary periods specified in this section, a portion of the costs (determined pursuant to regulations under section 223) of compensation of professional and technical personnel for the initial operation of new community mental health centers or of new services in community mental health centers. "(b) Grants for such costs for any center under this part may be made only for the period beginning with the first day of the first month for which such a grant is made and ending with the close of four years and three months after such first day; and such grants with respect to any center may not exceed 75 per centum or such costs for the period ending with the close of the fifteenth month following such first day, 60 per centum of such costs for the first year thereafter, 45 per centum of such costs for the second year thereafter, and 30 per centum of such costs for the third year thereafter. "(c) In making such grants, the Secretary shall take into account the relative needs of the several States for community mental health center programs, their relative financial needs, and their populations. u APPLICATIONS AND CONDITIONS FOR APPROVAL

"SEC. 221. (a) Grants under this part with respect to any community mental health center may be made only upon application, and only if— "(1) the applicant is a public or nonprofit private agency or organization which owns or operates the center; "(2) the services to be provided by the center, alone or in conjunction with other facilities owned or operated by the applicant or affiliated or associated with the applicant, will be part of a program providing, principally for persons residing m a particular community or communities in or near which such center is situated, at least those essential elements of comprehensive mental health services which are prescribed by the Secretary; "(3)(A) a ^rant was made under part A of this title to assist in financing the construction of the center or (B) the type of service to be provided as part of such program with the aid of a grant under this part was not previously oeing provided by the center with respect to which such application is made; "(4) the Secretary determines that there is satisfactory assurance that Federal funds made available under this part for any period will be so used as to supplement and, to the extent practical, increase the level of State, local, and other non-Federal funds that would in the absence of such Federal funds be made available for the program described in paragraph (2) of this subsection, and will in no event supplant such State, local, and other non-Federal funds; and "(5) the services to be provided by the center are described in the State mental health plan submitted to the Public Health Service by the State mental health authority in accordance with 42 S e Sl'et ^^^^® •'-•'•-'• °* ^^^^ Public Health Service Act. seq. ^^ ."(b) No grant may be made under this part after June 30, 1968, Restriction. with Tcspcct to ally community mental health center or with respect

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429

to any type of service provided hj such a center unless a grant with respect thereto was made under this part prior to July 1, 1968. a PAYMENTS

"SEC. 222. Payment of grants under this part may be made (after necessary adjustment on account of previously made overpayments or underpayments) in advance or by way of reimbursement, and on such terms and conditions and in such installments, as the Secretary may determine. "REGULATIONS

"SEC. 223. The Secretary shall, after consultation with the National Advisory Mental Health Council (appointed pursuant to the Public Health Service Act), prescribe general r e f l a t i o n s concerning eligibility of centers under this part, determination of eligible costs with respect to which grants may be made, and the terms and conditions (including those specified m section 221) for approving applications under this part.

58 Stat. 682. 42 USC 201 note.

"AUTHORIZATION or APPROPRIATIONS

"SEC. 224. There are hereby authorized to be appropriated $1J*,500,000 for the fiscal year ending June 30, 1966, $24,000,000 for the fiscal year ending June 30, 1967, and $30,000,000 for the fiscal year ending June 30, 1968, to enable the Secretary to make initial grants to community mental health centers under the provisions of this part. For the fiscal year ending June 30, 1967, and each of the five succeeding years, there are hereby authorized to be appropriated such sums as may be necessary to make grants to such centers which have previously received a grant under this part and are eligible for such a grant for the year for which sums are being appropriated SEC. 3. Title IV of the Mental Eetardation Facilities and Commu- J? stat^. 29^6. nity Mental Health Centers Construction Act is amended by in- et seq. serting at the end thereof the following new section: "RECORDS AND AUDIT

"SEC. 408. (a) Each recipient of assistance under this Act shall keep such records as the Secretary shall prescribe, including records which fully disclose the amount and disposition by such recipient of the proceeds of such assistance, the total cost of the project or undertaking in connection with which such assistance is given or used, and the amount of that portion of the cost of the project or undertaking supplied by other sources, and such other records as will facilitate an effective audit. "(b) The Secretary and the Comptroller General of the United States, or any of their duly authorized representatives, shall have access for the purpose of audit and examination to any books, documents, papers, and records of the recipients that are pertinent to the assistance received under this Act." SEC. 4. Subsection (a) of section 302 of the Mental Eetardation ^^R^search proj. Facilities and Community Mental Health Centers Construction Act of 1963 (Public Law 88-164) is amended by striking out "There is 20 USC 6I8. authorized to be appropriated for the fiscal year ending June 30, 1964, and each of the next two fiscal years the sum of $2,000,000" and inserting in lieu thereof the following: "There is authorized to be appropriated $6,000,000 for the fiscal year ending June 30, 1966;

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F a c i l i t i e s, construction, e t c.

Laborers, wages.

49 Stat. 1011; 78 Stat. 238.

64 Stat. 1267. 63 Stat. 108. "Construction.

" R e s e a r c h and related purposes. "

Special account.

Reports.

72 Stat. 1777. 20 USC 615.

77 Stat. 294.

PUBLIC LAW 89-105-AUGUST 4, 1965

[79

STAT.

$9,000,000 for fiscal year ending June 30, 1967; $12,000,000 for fiscal year ending June 30, 1968; and $14,000,000 for fiscal year ending June 30, 1969". SEC. 5. Section 302 of the Mental Retardation Facilities and Community Mental Health Centers Construction Act of 1963 (Public Law 88-164) is further amended by inserting at the end thereof the following new subsections as follow: "(f) For the purposes of this section the Commissioner of Education may make grants to institutions of higher education for the construction, equipping, and operation of a facility for research, or for research and related purposes (as defined in this section). " (g) All laborers and mechanics employed by contractors or subcontractors in the performance of work on construction of any project under this section shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined by the Secretary of Labor in accordance with the Davis-Bacon Act, as amended (40 U.S.C. 276a—276a-5). The Secretary of Labor shall have, with respect to the labor standards specified in this clause, the authority and functions set forth in Reorganization Plan Numbered 14 of 1950 (15 F.R. 3176; 5 U.S.C. 133z-15), and section 2 of the Act of June 13, 1934, as amended (40 U.S.C. 276c). " (h) As used in this section the terms 'construction' and 'cost of construction' include (A) the construction of new buildings and the expansion, remodeling, and alteration of existing buildings, including architects' fees, but not including the cost of acquisition of land or off-site improvements, and (B) equipping new buildings and existing buildings, whether or not expanded, remodeled, or altered. "(i) As used in this section, the term 'research and related purposes' means research, research training, surveys, or demonstrations in the field of education of handicapped children, or the dissemination of information derived therefrom, or all of such activities, including (but without limitation) experimental schools." SEC. 6. There is hereby established on the books of the Treasury an account or accounts without fiscal year limitation. There shall be deposited in such account, to the extent provided by the Secretary of Health, Education, and Welfare or his designee, all or part of any grant awarded by the Secretary or any other officer or employee of the Department of Health, Education, and Welfare. Payments of any such grant shall from time to time be made to the grantee from such account or accounts, subject to such limitations relating to fund accumulation as the Secretary may prescribe, to the extent needed to carry out the purposes of any such grant. Such reports as the Secretary or other officer awarding the grant may find necessary to assure expenditure of funds for the purpose of and in accordance with the terms and conditions of the grant shall be made to the Secretary or such officer by any such grantee. SEC. 7. Section 5 of the Act of September 6, 1958 (Public Law 85926), is amended by adding at the end thereof the following new paragraph: "(c) The term 'State' includes the Commonwealth of Puerto Rico, the Virgin Islands, the District of Columbia, Guam, and American Samoa.' SEC. 8. Section 7 of the Act of September 6, 1958 (Public Law 85-926) as amended (20 U.S.C. 617), is amended to read as follows: "SEC. 7. There are authorized to be appropriated for carrying out this Act $19,500,000 for the fiscal year ending June 30, 1966; $29,500,000 for the fiscal year ending June 30, 1967; $34,000,000 for the fiscal year ending June 30, 1968; and $37,500,000 for the fiscal year ending June 30, 1969." Approved August 4, 1965.

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