text:
Page:United States Statutes at Large Volume 86.djvu/1517

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

1475

" (2) Any State (or political subdivision), in determining the eligibility of any individual for supplementary payments described in subsection (a), may disregard amounts of earned and unearned income in addition to other amounts which it is required or permitted to disregard under this section in determining such eligibility, and shall include a provision specifying the amount of any such income that will be disregarded, if any. " (d) Any State which has entered into an agreement with the Secretary under this section which provides that the Secretary will, on behalf of the State (or political subdivision), make the supplementary payments to individuals who are receiving benefits under this title (or who would but for their income be eligible to receive such benefits), shall, at such times and in such installments as may be agreed upon between the Secretary and such State, pav to the Secretary an amount ecjual to the expenditures made by the Secretary as such supplementary payments. " P A R T B—PROCEDURAL AND GENERAL PROVISIONS "PAYMENTS AND PROCEDURES

"Payment of Benefits "SEC. 1631. (a)(1) Benefits under this title shall be paid at such time or times and in such installments as will best effectuate the purposes of this title, as determined under regulations (and may in any case be paid less frequently than monthly where the amount of the monthly benefit would not exceed $10). " (2) Payments of the benefit of any individual may be made to any such individual or to his eligible spouse (if any) or partly to each, or, if the Secretary deems it appropriate to any other person (including an appropriate public or private agency) who is interested in or concerned with the welfare of such individual (or spouse). Notwithstanding the provisions of the preceding sentence, in the case of any individual or eligible spouse referred to in section 1611(e)(3)(A), the Secretary shall provide for making payments of the benefit to any other person (including an appropriate public or private agency) who is interested in or concerned with the welfare of such individual (or spouse). "(3) The Secretary may by regulation establish ran.<res of incomes within which a single amount of benefits under this title shall apply. "(4) The Secretary— " (A) may make to any individual initially applying for benefits under this title who is presumptively eligible for such benefits and who is faced with financial emergency a cash advance against such benefits in an amount not exceeding $100; and " (B) may pay benefits under this title to an individual applying for such benefits on the basis of disability for a period not exceeding 3 months prior to the determination of such individual's disability, if such individual is presumptively disabled and is determined to be otherwise eligible for such benefits, and any benefits so paid prior to such determination shall in no event be considered overpayments for purposes of subsection (b). " (5) Payment of the benefit of any individual who is an aged, blind, or disabled individual solely by reason of blindness (as determined under section 1614(a)(2)) or disability (as determined under section 1614(a)(3)), and who ceases to be blind or to be under such disability,

_">2IJ SI"

�


text:
Page:United States Statutes at Large Volume 86.djvu/1518

 1476

PUBLIC LAW 92-603-OCT. 30, 1972

[86

STAT.

shall continue (so long as such individual is otherwise eligible) through the second month following the month in which such blindness or disability ceases. "Overpayments and Underpayments " (b) Whenever the Secretary finds that more or less than the correct amount of benefits has been paid with respect to any individual, proper adjustment or recovery shall, subject to the succeeding provisions of this subsection, be made by appropriate adjustments in future payments to such individual or by recovery from or payment to such individual or his eligible spouse (or by recovery from the estate of either). The Secretary shall make such provision as he finds approriate in the case of payment of more than the correct amount of enefits with respect to an individual with a view to avoiding penalizing such individual or his eligible spouse who was without fault in connection with the overpayment, if adjustment or recovery on account of such overpayment in such case would defeat the purposes of this title, or be against equity or good conscience, or (because of the small amount involved) impede efficient or effective administration of this title. "Hearings and Review

E

42 USC 405.

"(c)(1) The Secretary shall provide reasonable notice and opportunity for a hearing to any individual who is or claims to be an eligible individual or eligible spouse and is in disagreement with any determination under this title with respect to eligibility of such individual for benefits, or the amount of such individual's benefits, if such individual requests a hearing on the matter in disagreement within thirty days after notice of such determination is received. "(2) Determination on the basis of such hearing, except to the extent that the matter in disagreement involves the existence of a disability (within the meaning of section 1614(a)(3)), shall be made within ninety days after the individual requests the hearing as provided in paragraph (1). "(3) The final determination of the Secretary after a hearing under paragraph (1) shall be subject to judicial review as provided in section 205(g) to the same extent as the Secretary's final determinations under section 205; except that the detennination of the Secretary after such hearing as to any fact shall be final and conclusive and not subject to review by any court.

"Procedures; Prohibitions of Assignments; Representation of Claimants 42 USC 407. "(d)(1) The provisions of section 207 and subsections (a), (d), (e), and (f) of section 205 shall applv with respect to this part to the 42 USC 401 same extent as they apply in the case oi title II. " ('2) To the extent the Secretary finds it will promote the achievement of the objectives of this title, qualified persons may be appointed to serve as hearing examiners in hearings under subsection (c) without meeting the specific standards prescribed for hearing examiners 80 Stat. 381; by OF under subchapter II of chapter 5 of title 5, United States Code. "(3) The Secretary may prescribe rules and regulations governing Rules and regu- the Tecognition of agents or other persons, other than attorneys, as lations. hereinafter provided, representing claimants before the Secretary under this title, and may require of such agents or other persons, before being recognized as representatives of claimants, that they shall show
 * ^^us*c 551.

�

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


text:
Page:United States Statutes at Large Volume 86.djvu/1519

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

that they are of good character and in good repute, possessed of the necessary qualifications to enable them to render such claimants valuable service, and otherwise competent to advise and assist such claimants in the presentation of their cases. An attorney in good standing who is admitted to practice before the highest court of the State, Territory, District, or insular possession of his residence or before the Supreme Court of the United States or the inferior Federal courts, shall be entitled to represent claimants before the Secretary. The Secretary may, after due notice and opportunity for hearing, suspend or prohibit from further practice before him any such person, agent, or attorney who refuses to comply with the Secretary's rules and regulations or who violates any provision of this paragraph for which a penalty is prescribed. The Secretary may, by rule and regulation, prescribe the maximum fees which may be charged for services performed in connection with any claim before the Secretary under this title, and any agreement in violation of such rules and r e f l a t i o n s shall be void. Any person who shall, with intent to defraud, m any manner willfully and knowingly deceive, mislead, or threaten any claimant or prospective claimant or beneficiary under this title by word, circular, letter, or advertisement, or who shall knowingly charge or collect directly or indirectly any fee in excess of the maximum fee, or make any agreement directly or indirectly to charge or collect any fee in excess of the maximum fee, prescribed by the Secretary, shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall for each offense be punished by a fine not exceeding $500 or by imprisonment not exceeding one year, or both. "Applications and Furnishing of Information " (e)(1)(A) The Secretary shall, subject to subparagraph (B), prescribe such requirements with respect to the filing of applications, the suspension or termination of assistance, the furnishing of other data and material, and the reporting of events and changes in circumstances, as may be necessary for the effective and efficient administration of this title. " (B) The requirements prescribed by the Secretary pursuant to subparagraph (A) shall require that eligibility for benefits under this title will not be determined solely on the basis of declarations by the applicant concerning eligibility factors or other relev^ant facts, and that relevant information will be verified from independent or collateral sources and additional information obtained as necessary in order to assure that such benefits are only provided to eligible individuals (or eligible spouses) and that the amounts of such benefits are correct. "(2) I n case of the failure by any individual to submit a report of events and changes in circumstances relevant to eligibility for or amount of benefits under this title as required by the Secretary under paragraph (1), or delay by any individual in submitting a report as so required, the Secretary (in addition to taking any other action he may consider appropriate under paragraph (1)) shall reduce any benefits which may subsequently become payable to such individual under this title by— " (A) $25 in the case of the first such failure or delay, " (B) $50 in the case of the second such failure or delay, and " (C) $100 in the case of the third or a subsequent such failure or delay, except where the individual was without fault or good cause for such failure or delay existed.

1477

Offenses and penalties.

Requirements.

Benefits, feduc-

�


text:
Page:United States Statutes at Large Volume 86.djvu/1520

 1478

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

"Furnishing of Information by Other Agencies "(f) The head of any Federal agency shall provide such information as the Secretary needs for purposes of determining eli^bility for or amount of benefits, or verifying other information with respect thereto. ((PENALTIES

FOR FRAUD

"SEC. 1632. Whoever— "(1) knowingly and willfully makes or causes to be made anj false statement or representation of a material fact in any application for any benefit under this title, "(2) at any time knowingly and willfully makes or causes to be made any false statement or representation of a material fact for use in determining rights to any such benefit, "(3) having knowledge of the occurrence of any event affecting (A) his initial or continued right to any such benefit, or (B) the initial or continued right to any such benefit of any other individual in whose behalf he has applied for or is receiving such benefit, conceals or fails to disclose such event with an intent fraudulently to secure such benefit either in a greater amount or quantity than is due or when no such benefit is authorized, or "(4) having made application to receive anj such benefit for the use and benefit of another and having received it, knowingly and willfully converts such benefit or any part thereof to a use other than tor the use and benefit of such other person, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than $1,000 or imprisoned for not more than one year, or both. ((ADMINISTRATION"

42 USC 421.

"SEC. 1633. The Secretary may make such administrative and other arrangements (including arran^ments for the detennination of blindness and disability under section 1614(^a)(2) and (3) in the same manner and subject to the same conditions as provided with respect to disability determinations under section 221) as may be necessary or appropriate to carry out his functions under this title. DETERMINATIONS ((.

42 USC 1396.

Effective date. 49 Stat. 620; 81 Stat. 921. 42 USC 130S.

OF MEDICAID ELIGIBILITY

"SEC. 1634. The Secretary may enter into an agreement with any State which wishes to do so under which he will determine eligibility for medical assistance in the case of aged, blind, or disabled individuals under such State's plan approvea under title XIX. Any such agreement shall provide for payments by the State, for use by the Secretary in carrying out the agreement, of an amount equal to onehalf of the cost of carrying out the agreement, but in computing such cost with respect to individuals eligiole for benefits under this title, the Secretary shall include only those costs which are additional to the costs incurred in carrying out this title." SEC. 302. The Social Security Act is amended, effective January 1, 1974, by adding after title V the following new title: "TITLE VI—GRANTS TO STATES FOR SERVICES TO THE AGED, BLIND, OR DISABLED ((APPROPRLVTTON

"SEC. 601. For the purpose of encouraging each State, as far as practicable under the conditions in such State, to furnish rehabilitation

�


text:
Page:United States Statutes at Large Volume 86.djvu/1521

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

and other services to help needy individuals who are 65 years of age or over, are blind, or are disabled to attain or retain capability for self-support or self-care, there is hereby authorized to be appropriated for each fiscal year, subject to section 1130, a sum sufficient to carry out the purposes of this title. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary of Health, Education, and Welfare, State plans for services to the aged, blind, or disabled.

1479

Ante. p. 94S.

"STATE PLANS FOR SERVICES TO THE AGED, BLIND, OR DISABLED

"SEC. 602. (a) A State plan for services to the aged, blind, or disabled, must— "(1) except to the extent permitted by the Secretary, provide that it shall be in effect in all political subdivisions of the State, and if administered by them, be mandatory upon them; "(2) provide for financial participation by the State; "(3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan; "(4) provide (A) such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary to be necessary for the proper and efficient operation of the plan, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services under the plan and in assisting any advisory committees established by the State agency; "(5) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports; "(6) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan; "(7) provide, if the plan includes services to individuals in private or public institutions, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such institutions; "(8) provide a description of the services which the State agency makes available under the plan including a description of the steps taken to assure, in the provision of such services, maximum utilization of other agencies providing similar or related services; "(9) provide that, in determining whether an individual is blind, there shall be an examination by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select; 82-081 O - 73 - 96

'

"^

i« ' "•'

�


text:
Page:United States Statutes at Large Volume 86.djvu/1522

 1480

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

"(10) include reasonable standards, consistent with the objectives of this title, for determining eligibility for and the extent of services under the plan; "(11) if the State plan includes services to individuals 65 years of age or older who are patients in institutions for mental diseases— " (A) provide for having in effect such agreements or other arrangements with State authorities concerned with mental diseases, and where appropriate, with such institutions, as may be necessary for carrying out the State plan, including arrangements for joint planning and for development of alternate methods of care, arrangements providing assurance of immediate readmittance to institutions where needed for individuals under alternate plans of care, and arrangements providing for access to patients and facilities, for furnishing information, and for making reports; " (B) provide for an individual plan for each such patient to assure that the institutional care provided to him is in his best interests, including, to that end, assurances that there will be initial and periodic review of his medical and other needs, that he will be given appropriate medical treatment within the institution, and that there will be a periodic determination of his need for continued treatment in the institution; and " (C) provide for the development of alternate plans of care, making maximum utilization of available resources, for persons receiving services under the State plan who are 65 years of age or older and who would otherwise need care in such institutions; for services referred to in section 6 0 3 (a)(1)(A)(i) and (ii) which are appropriate for such persons receiving services and for such patients; and for methods of administration necessary to assure that the responsibilities of the State agency under the State plan with respect to such persons receiving services and such patients will be effectively carried out; " (12) if the State plan includes services to individuals 65 years of age or older who are patients in public institutions for mental diseases, show that the State is making satisfactory progress toward developing and implementing a comprehensive mental health program, including provision for utilization of community mental health centers, nursing homes, and other alternatives to care in public institutions for mental diseases. Notwithstanding paragraph (3), if on October 1, 1972, the State agency which administered or supervised the administration of the 42 USC 1201. plan of such State approved under title X (or so much of the plan of Ante, p. 1465. g^ich State approved under title X VI as applies to the blind) was different from the State agency which administered or supervised the 42 USC 30 administration of the plan of such State approved under title I and the State agency which administered or supervised the administration of 42 USC 1351. the plan of such State approved under title X IV (or so much of the plan of such State approved under title X VI as applies to the aged and disabled), the State agency which administered or supervised the administration of such plan approved under title X (or so much of the plan of such State approved under title X VI as applies to the blind) may be designated to administer or supervise the administration of the portion of the State plan for services to the aged, blind, or disabled which relates to blind individuals and a separate State agency may be established or designated to administer or supervise the administra-

�


text:
Page:United States Statutes at Large Volume 86.djvu/1523

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

1481

tion of the rest of such plan; and in such case the part of the plan which each such agency administers, or the administration of which each such agency supervises, shall be regarded as a separate plan for purposes of this title. "(b) The Secretary shall approve any plan which fulfills the conditions specified in subsection (a), except that he shall not approve any plan which imposes, as a condition of eligibility for services under the plan— "(1) an age requirement of more than sixty-five years; or "(2) any residence requirement which excludes any individual who resides in the State; or "(3) any citizenship requirement which excludes any citizen of the United States. it

PAYMENTS TO STATES

"SEC. 603. (a) From the sums appropriated therefor, the Secretary shall, subject to section 1130, pay to each State which has a plan approved under this title, for each quarter— " (1) in the case of any State whose State plan approved under section 602 meets the requirements of subsection (c)(1), an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan— " (A) 75 per centum of so much of such expenditures as are for— "(i) services which are prescribed pursuant to subsection (c)(1) and are provided (in accordance with the next sentence) to applicants for or recipients of supplementary security income benefits under title X VI to help them attain or retain capability for self-support or self-care, or "(ii) other services, specified by the Secretary, as likely to prevent or reduce dependency, so provided to such aDplicants or recipients, or "^iii) any of the services prescribed pursuant to subsection (c)(1), and of the services specified as provided in clause (ii), which the Secretary may specify as appropriate for individuals who, within such period or periods as the Secretary may prescribe^ have been or are likely to become applicants for or recipients of supplementary security income benefits under title X VI. if such services are requested by such individuals and are provided to such individuals in accordance with the next sentence, or "(iv) the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus " (B) one-half of so much of such expenditures (not included under subparagraph (A)) as are for services provided (in accordance with the next sentence) to applicants for or recipients of supplementarv security income benefits under title X VI, and to individuals requesting such services who (within such period or periods as the Secretary may prescribe) have been or are likely to become applicants for or recipients of such benefits; plus

Ante, p. 945.

Ante, p. ues.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1524

 1482

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

" (C) one-half of the remamder of such expenditures. The services referred to in subparagraphs (A) and (B) shall, except to the extent specified by the Secretary, include only— " (D) services provided hj the staff oi the State agency, or of the local agency administering the State plan in the political subdivision: Provided, That no funds authorized under this title shall be available for services defined as vocational rehabilitation services under the Vocational Eehabilitation 68 Stat. 652. Act (i) which are available to individuals in need of them 29 USC 31 note. under programs for their rehabilitation carried on under a State plan approved under such Act, or (ii) which the State agency or agencies administering or supervising the administration of the State plan approved under such Act are able and willing to provide if reimbursed for the cost thereof pursuant to agreement under subparagraph (E), if provided by such staff, and " (E) under conditions which shall be prescribed by the Secretary, services which in the judgment of the State agency cannot be as economically or as effectively provided by the staff of such State or local agency and are not otherwise reasonably available to individuals in need of them, and which are provided, pursuant to agreement with the State agency, by the State health authority or the State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act or by any other State agency which the Secretary may determine to be appropriate (whether provided by its staff or by contract with public (local) or nonprofit private agencies); except that services described in clause (ii) of subparagraph (D) hereof may be provided only pursuant to agreement with such State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services so approved. The portion of the amount expended for administration of the State plan to which subparagraph (A) applies and the portion thereof to which subparagraphs (B) and (C) apply shall be determined in accordance with such methods and procedures as may be permitted by the Secretary; and "(2) in the case of any State whose State plan approved under section 602 does not meet the requirements of subsection (c)(1), an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan, including services referred to in paragraph (1) and provided in accordance with the provisions of such paragraph. " (b)(1) Prior to the beginning of each quarter, the Secretary shall estimate the amount to which a State will be entitled under subsection (a) for such quarter, such estimates to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less tlian the State's proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, and (B) such other investigation as the Secretary may find necessary. "(2) The Secretary shall then pay, in such installments as he may determine, to the State the amount so estimated, reduced or increased

�


text:
Page:United States Statutes at Large Volume 86.djvu/1525

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection. "(3) Upon the making of any estimate by the Secretary under this subsection, any appropriations available for payments under this section shall be deemed obligated. "(c)(1) I n order for a State to qualify for payments under paragraph (1) of subsection (a), its State plan approved under section 602 must provide that the State agency shall make available to applicants for and recipients of supplementary security income benefits under title X VI at least those services to help them attain or retain capability for self-support or self-care which are prescribed by the Secretary. " (2) i n the case of any State whose State plan included a provision meeting the requirements of paragraph (1), but v^^ith respect to which the Secretary finds, after reasonable notice and opportunity for hearing to the State agency, administering or supervising the administration of such plan, that^— " (A) the provision has been so changed that it no longer complies with the requirements of paragraph (1), or " (B) in the administration of the plan there is a failure to comply substantially with such provision, the Secretary shall notify such State agency that further payments will not be made to the State under paragraph (1) of subsection (a) until he is satisfied that there will no longer be any such failure to comply. Until the Secretary is so satisfied further payments with respect to the administration of such State plan shall not be made under paragraph (1) of subsection (a) but shall instead be made, subject to the other provisions of this title, under paragraph (2) of such subsection. " (d) Notwithstanding the preceding provisions of this section, the amount determined under such provisions for any State for any quarter which is attributable to expenditures with respect to individuals 65 years of age or older who are patients in institutions for mental diseases shall be paid only to the extent that the State makes a showing satisfactory to the Secretary that total expenditures in the State from Federal, State, and local sources for mental health services (including payments to or in behalf of individuals with mental health problems) under State and local public health and public welfare programs for such quarter exceed the average of the total expenditures in the State from such sources for such services under such programs for each quarter of the fiscal year ending June 30, 1965. For purposes of this subsection, expenditures for such services for each quarter in the fiscal year ending June 30, 1965, in the case of any State shall be determined on the basis of the latest data, satisfactory to the Secretary, available to him at the time of the first determination by him under this subsection for such State; and expenditures for such services for any quarter beginning after December 31, 1965, in the case of any State shall be determined on the basis of the latest data, satisfactory to the Secretary, available to him at the time of the determination under this subsection for such State for such quarter; and determinations so made shall be conclusive for purposes of this subsection.

1483

Ante. p. ues.

,r

�


text:
Page:United States Statutes at Large Volume 86.djvu/1526

 1484

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

uO P E R A II O N OF STATE P L A N S

"SEC. 604. If the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this title, finds— "(1) that the plan no longer complies with the provisions of section 602; or "(2) that in the administration of the plan there is a failure to comply substantially with any such provision," the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure), until the Secretary is satisfied that there will no longer be any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure). "DEFINITION

"SEC. 605. For purposes of this title, the term 'services to the aged, blind, or disabled' means services (including but not limited to the services referred to in section 603(a)(1)(A) and (B)) provided for or on behalf of needy individuals who are 65 years of age or older or are blind, or are disabled." REPEAL OF TITLES I. X, AND XIV OF THE SOCIAL S E C U R I T Y ACT Effective date. 42 USC 3 0 1, 1201, 1351.

64 Stat. 47. 25 USC 639.

SEC. 303. (a) Effective January 1, 1974, titles I, X, and X IV of the Social Security Act are repealed. (b) The amendments made by sections 301 and 302 and the repeals made by subsection (a) shall not be applicable in the case of Puerto Rico, Guam, and the Virgin Islands. (c) Section 9 of the Act of April 19, 1950, is repealed effective January 1, 1974. PROVISION FOR DISREGARDING OP CERTAIN I N C 0 3 I E I N DETERMINING N E E D FOR AID TO THE AGED, B L I N D, OR DISABLED FOR ASSISTANCE

Effective date. 84 Stat. 2038; 85 Stat. 810. 42 USC 415 note.

SEC. 304. Effective upon the enactment of this Act, section 1007 of the Social Security Amendments of 1969 is amended by striking out "and before January 1973"' and inserting in lieu thereof "and before January 1974". ADVANCES FROM OASI T R U S T F U N D FOR ADMINISTRATI^-E E X P E N S E S

79 Stat. 338. 42 USC 4 0 1. Ante,

p. 1465.

42 USC 1395.

SEC. 305. (a) Section 201(g)(1)(A) of the Social Security Act is amended— (1) by striking out "this title and title X VIII " wherever it appears and inserting in lieu thereof "this title, title X VI, and title X VIII "; (2) by striking out "costs which should be borne by each of the Trust Funds/' and inserting in lieu thereof "costs which should be borne by each of the Trust Funds and (with respect to title X VI) by the general revenues of the United States"; and (3) by striking out "in order to assure that each of the Trust Funds bears" and inserting in lieu thereof "in order to assure that (after appropriations made pursuant to section 1601, and repayment to the Trust Funds from amounts so appropriated)

�


text:
Page:United States Statutes at Large Volume 86.djvu/1527

 86

STAT.]

1485

PUBLIC LAW 92-603-OCT. 30, 1972

each of the Trust Funds and the general revenues of the United States bears". (b)(1) Sums appropriated pursuant to section 1601 of the Social Security Act shall be utilized from time to time, in amounts certified under the second sentence of section 201(g)(1)(A) of such Act, to repay the Trust Funds for expenditures made from such Funds in any fiscal year under section 201(g)(1)(A) of such Act (as amended by subsection (a) of this section) on account of the costs of administration of title X VI of such Act (as added by section 301 of this Act). (2) If the Trust Funds have not theretofore been repaid for expenditures made in any fiscal year (as described in paragraph (1)) to the extent necessary on account of— (A) expenditures made from such Funds prior to the end of such fiscal year to the extent that the amount of such expenditures exceeded the amount of the expenditures which would have been made from such Funds if subsection (a) had not been enacted, (B) the additional administrative expenses, if any, resulting from the excess expenditures described in subparagraph (A), and (C) any loss in interest to such Funds resulting from such excess expenditures and such administrative expenses, in order to place each such Fund in the same position (at the end of such fiscal year) as it would have been in if such excess expenditures had not been made, the amendments made by subsection (a) shall cease to be effective at the close of the fiscal year following such fiscal year. (3) As used in this subsection, the term "Trust Funds" has the meaning given it in section 201(g)(1)(A) of the Social Security Act. (c) The provisions of this section shall become effective on the date of enactment of this Act. DISREGARDING OF I N C O M E OF 0 A 8 D I R E C I P I E N T S I N DETERMINING FOR P U B L I C ASSISTANCE

Ante, p. 1465. Ante, p. 1484.

Effective date.

NEED

SEC. 306. I n addition to the requirements imposed by law as a condition of approval of a State plan to provide aid or assistance in the form of money payments to individuals under title I, X, X IV, or X VI of the Social Security Act, there is hereby imposed the requirement 42 USC soi, 3 (and the plan shall be deemed to require) that, in the case of any ^^^^' ^ 5 1. p. 1465. individual receiving aid or assistance for any month after October 1972, or, at the option of the State, September 1972, and before January 1974 who also receives in such month a monthly insurance benefit under title II of such Act which was increased as a result of the enactment 42 USC 4 0 1. of Public Law 92-336, the sum of the aid or assistance received by him Ante, p. 406. for such month, plus the monthly insurance benefit received by him in such month (not including any part of such benefit which is disregarded under such plan), shall exceed the sum of the aid or assistance which would have been received by him for such month under such plan as in effect for October 1972, plus the monthly insurance benefit which would have been received by him in such month, by an amount equal to $4 or (if less) to such increase in his monthly insurance benefit under such title II (whether such excess is brought about by disregarding a portion of such monthly insurance benefit or otherwise). TITLE IV—MISCELLANEOUS L I M I T A T I O N ON FISCAL L I A B I L I T Y OF STATES FOR STATE S U P P L E M E N T A T I O N

OPTIONAL

S E C 401. (a)(1) The amount payable to the Secretary by a State for any fiscal year pursuant to its agreement or agreements under

�


text:
Page:United States Statutes at Large Volume 86.djvu/1528

 1486 Ante, p. 1474.

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

gection 1616 of the Social Security Act shall not exceed the nonFederal share of expenditures as aid or assistance for quarters in the calendar year 1972 under the plans of the State approved under 12J? "351'°^' Ante, p. 1465. subsection (c) of this section). (2) Paragraph (1) of this subsection shall only apply with respect to that portion of the supplementary payments made by the Secretary on behalf of the State under such agreements in any fiscal year which does not exceed in the case of any individual the difference between— (A) the adjusted payment level under the appropriate approved plan of such State as in effect for January 1972 (as defined in subsection (b) of this section), and (B) the benefits under title X VI of the Social Security Act, plus income not excluded under section 1612(b) of such Act in determining such benefits, paid to such individual in such fiscal year, and shall not apply with respect to supplementary payments to any individual who (i) is not required by section 1616 of such Act to be included in any such agreement administered by the Secretary and (ii) would have been ineligible (for reasons other than income) for ^ payments under the appropriate approved State plan as in effect for January 1972. Definitions. (\y^ (]^^ YoT purposes of subsection (a), the term "adjusted payment level under the appropriate approved plan of a State as in effect for January 1972" means the amount of the money payment which an individual with no other income would have received under the plan of such State approved under title I, X, X IV, or X VI of the Social Security Act, as may be appropriate, and in effect for January 1972; except that the State may, at its option, increase such payment level with respect to any such plan by an amount which does not exceed the sum of— (A) a payment level modification (as defined in paragraph (2) of this subsection) with respect to such plan, and (B) the bonus value of food stamps in such State for January 1972 (as defined in paragraph (3) of this subsection). (2) For purposes of paragraph (1), the term "payment level modification" with respect to any State plan means that amount by which a State which for January 1972 made money payments under such plan to individuals with no other income which were less than 100 per centum of its standard of need could have increased such money payments without increasing (if it reduced its standard of need under such plan so that such increased money payments equaled 100 per centum of such standard of need) the non-Federal share of expenditures as aid or assistance for quarters in calendar year 1972 under the plans of such State approved under titles I, X, X IV, and X VI of the Social Security Act. (3) For purposes of paragraph (1), the term "bonus value of food stamps in a State for January 1972" (with respect to an individual) means— (A) the face value of the coupon allotment which would have been provided to such an individual under the Food Stamp Act of 1964 for January 1972, reduced by (B) the charge which such an individual would have paid for such coupon allotment, if the income of such individual, for purposes of determining the charge it would have paid for its coupon allotment, had been equal to the adjusted payment level under the State plan (including any
 * it^^s I, X, X IV, and X VI of the Social Security Act (as defined in

�


text:
Page:United States Statutes at Large Volume 86.djvu/1529

 86 STAT. ]

1487

PUBLIC LAW 92-603-OCT. 30, 1972

payment level modification with respect to the plan adopted pursuant to paragraph (2) (but not including any amount under this paragraph)). The total face value of food stamps and the cost thereof in January 1972 shall be determined in accordance with rules prescribed by the Secretary of Agriculture in effect in such month. (c) For purposes of this section, the term "non-Federal share of expenditures as aid or assistance for quarters in the calendar year 1972 under the plans of a State approved under titles I, X, X IV, and X VI of the Social Security Act" means the difference between— (1) the total expenditures in such quarters under such plans for aid or assistance (expenditures authorized under section 1119 of such Act for repairing the home of an individual who was receiving aid or assistance under one of such plans (as such section was in effect prior to the enactment of this Act)), and (2) the total of the amounts determined under sections 3, 1003, 1403, and 1603 of the Social Security Act, under section 1118 of such Act, and under section 9 of the Act of April 19, 1950, for such State with respect to such expenditures m such quarters.

Definition.

42 USC 301, 1201, 1351. Ante, p. 1465. 81 Stat. 894. 42 USC 1319.

42 USC 303, 1203, 1353, 1383. 79 Stat. 423. 42 USC 1318. Ante, p. 1484.

TRAXSITIOXAL ADMINISTRATIVE PROVISIONS

SEC. 402. I n order for a State to be eligible for any payments pursuant to title IV, V, X VI, or X IX of the Social Security Act with respect to expenditures for any quarter in the fiscal year ending June 30, 1975, and for the purpose of providing an orderly transition from State to Federal administration of the Supplemental Security Income Program, such State shall enter into an agreement with the Secretary of Health, Education, and Welfare under which the State agencies responsible for administering or for supervising the administration of the plans approved under titles I, X, X IV, and X VI of the Social Security Act will, on behalf of the Secretary, administer all or such part or parts of the program established by section 301 of this Act, during such portion of the fiscal year ending June 30, 1975, as may be provided in such agreement.

42 USC 601,701, 1396.

SAVINGS PROVISION REGARDING CERTAIN EXPENDITURES FOR SOCIAL SERVICES

SEC. 403. In the administration of section 1130 of the Social Security Act, the allotment of each State (as determined under subsection (b) of such section) for the fiscal year ending June 30, 1973, shall (notwithstanding any provision of snch section 1130) be adjusted so that the amount of such allotment for such year consists of the sum of the following: (1) the amount, not to exceed $50,000,000, payable to the State (as determined without regard to such section 1130) with respex?t to the total expenditures incurred by the State for services (of the type, and under the programs to which the allotment, as determined under such subsection (b), is applicable) for the calendar quarter commencing July 1, 1972, plus (2) an amount equal to three-fourths of the amount of the allotment of such State (as determined under such subsection (b), but without application of the provisions of this section): Pt'&vided, hmvever, That no State shall receive less under this section than the amount to which it would have been entitled otherwise under section 1130 of the Social Security Act.

Ante, p. 945.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1530

 148»

PUBLIC LAW 92-603-OCT. 30, 1972 CHANGE I N EXECUTIVE SCHEDULE

[86 STAT.

COMMISSIONER OF SOCIAL SECURITY

80 Stat. 463.

SEC. 404. (a) Section 5316 of title 5, United States Code (relating to positions at level V of the Executive Schedule), is amended by striking out: "(51) Commissioner of Social Security, Department of Health, Education, and Welfare.". Ante, p. 149. (jj) Section 5315 of title 5, United States Code (relating to positions at level IV of the Executive Schedule), is amended by adding at the end thereof the following: " (97) Commissioner of Social Security, Department of Health, Education, and Welfare.". Effective date. (c) The amendments made by the preceding provisions of this section shall take effect on the first day of the first pay period of the Commissioner of Social Security, Department of Health, Education, and Welfare, which commences on or after the first day of the month which follows the month in which this Act is enacted. SEPARATION OF SOCIAL SERVICES NOT REQUIRED 42 USC 302.

42 USC 1202.

42 USC 1352.

42 USC 1382.

SEC. 405. (a) Section 2(a) (10)(C) of the Social Security Act is amended by inserting "(using whatever internal organizational arrangement it finds appropriate for this purpose)" immediately after "provide a description of the services (if any) which the State agency makes available". (^^ Section 1002(a) (13) of such Act is amended by inserting "(using whatever internal organizational arrangement it finds appropriate for this purpose)" immediately after "provide a description of the services (if any) which the State agency makes available". (c) Section 1402(a) (12) of such Act is amended by inserting "(using whatever internal organizational arrangement it finds appropriate for this purpose)" immediately after "provide a description of the services (if any) which the State agency makes available". (d) Section 1602(a) (10) of such Act is amended by inserting "(using whatever internal organizational arrangement it finds appropriate for this purpose)" immediately after "provide a description of the services (if any) which the State agency makes available". MANUALS AND POLICY ISSUANCES NOT REQUIRED WITHOUT CHARGE

SEC. 406. (a) Section 2(b) of the Social Security Act is amended by adding at the end thereof the following new sentence: "At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title." (b) Section 1002(b) of such Act is amended by adding immediately after the first sentence thereof the following new sentence: "At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title." (c) Section 1402(b) of such Act is amended by adding at the end thereof the following new sentence: "At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such

�


text:
Page:United States Statutes at Large Volume 86.djvu/1531

 86

STAT.

]

PUBLIC LAW 92-603-OCT. 30, 1972

materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title." (d) Section 1602(b) of such Act is amended by adding immediately after the first sentence thereof the following new sentence: "At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title."

1489

42 USC i382.

EFFECTIVE DATE OF FAIR HEARING DECISION

SEC. 407. (a) Section 2(a)(4) is amended bj^— (1) deleting "provide" and inserting in lieu thereof "provide (AV', and (2) inserting immediately before the semicolon at the end thereof the following: ", and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing". (b) Section 1002(a)(4) is amended by— (1) deleting "provide" and inserting in lieu thereof "provide (A) ", and (2) inserting immediately before the semicolon at the end thereof the following: ", and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing". (c) Section 1402(a)(4) is amended by— (1) deleting "provide" and inserting in lieu thereof "provide (A) ", and (2) inserting immediately before the semicolon at the end thereof the following: ", and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing". (d) Section 1602(a)(4) is amended by— (1) deleting "provide" and inserting in lieu thereof "provide (A) ", and (2) inserting immediately before the semicolon at the end thereof the following: ", and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing".

42 USC 302.

42 USC 1202.

42 USC 1352.

A B S E N C E F R O M S T A T E FOR M O R E T H A N 90 DAYS

SEC. 408. (a) Section 6(a) of the Social Security Act is amended by adding at the end thereof the following new sentence: "At the option of a State (if its plan approved under this title so provides).

42 USC 306.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1532

 1490

42 USC 1206.

42 USC 1355.

42 USC 1385.

PUBLIC LAW 92-603-OCT. 30, 1972

[86 STAT.

such term need not include money payments to an individual who has been absent from such State for a period in excess of 90 consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for 30 consecutive days in the case of such an individual who has maintained his residence in such State during such period or 90 consecutive days in the case of any other such individual." (b) Section 1006 of such Act is amended by adding at the end thereof the following new sentence: "At the option of a State (if its plan approved under this title so provides), such term need not mclude money payments to an individual who has been absent from such State for a period in excess of 90 consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for 30 consecutive days in the case of such an individual who has maintained his residence in such State during such period or 90 consecutive days in the case of any other such individual." (c) Section 1405 of such Act is amended hj adding at the end thereof the following new sentence: "At the option of a State (if its plan approved under this title so provides), such term need not include money payments to an individual who has been absent from such State for a period in excess of ninety consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for thirty consecutive days in the case of such an individual who has maintained his residence in such State during such period or ninety consecutive days in the case of any other such individual." "((i) Section 1605(a) of such Act is amended by adding at the end thereof the following new sentence: "At the option of a State (if its plan approved under this title so provides). such term need not include money payments to an individual who has been absent from such State for a period in excess of ninety consecutive days (regardless of whether he has maintained his residence in such State during such period) until he has been present in such State for thirty consecutive days in the case of such an individual who has maintained his residence in such State during such period or ninety consecutive days in the case of any other such individual." RENT PAYMENTS TO PUBLIC HOUSING AGENCY

Ante. p. 1489.

SEC. 409. (a) Section 6(a) of the Social Security Act (as amended by section 554(a) of this Act) is further amended by— (1) striking out "such term" in the last sentence thereof and inserting in lieu thereof "such term (i) ", and (2) adding immediately before the period at the end of such sentence the following: ", and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of assistance under such plan". (b) Section 1006 of such Act (as amended by section 554(b) of this Act) is further amended by— (1) striking out "such term" in the last sentence thereof and inserting in lieu thereof "such term (i) ", and (2) adding immediately before the period at the end of such sentence the following: ", and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of aid under such plan".

�


text:
Page:United States Statutes at Large Volume 86.djvu/1533

 86 STAT. ]

PUBLIC LAW 92-603-OCT. 30, 1972

(c) Section 1405 of such Act (as amended by section 554(c) of this Act) is further amended by— (1) striking out "such term '' in the last sentence thereof and inserting in lieu thereof "such term (i) ", and (2) adding immediately before the period at the end of such sentence the following: ", and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of aid under such plan". (d) Section 1605(a) of such Act (as amended by section 554(d) of this Act) is further amended by— (1) striking out "such term" in the last sentence thereof and inserting in lieu thereof "such term (i) ", and (2) adding immediately before the period at the end of such sentence the following,: ", and (ii) may include rent payments made directly to a public housing agency on behalf of a recipient or a group or groups of recipients of aid under such plan".

1491 Ante, p. 1490.

STATEWIDENESS NOT REQUIRED FOR SERVICES

SEC. 410. (a) Section 2(a) of the Social Security Act is amended by inserting "except to the extent permitted by the Secretary with respect to services," before "provide" at the beginning of paragraph (1). (b) Section 1002(a) of such Act is amended by inserting "except to the extent permitted by the Secretary with respect to services," before "provide" at the beginning of clause (1). (c) Section 1402(a) of such Act is amended by inserting "except to the extent permitted by the Secretary with respect to services," before "provide" at the beginning of,clause (1). (d) Section 1602(a) of such Act is amended by inserting "except to the extent permitted by the Secretary with respect to services," before "provide" at the beginning of paragraph (1).

42 USC 302.

42 USC 1202.

42 USC 1352.

42 USC 1382.

PROHIBITION AGAINST PARTICIPATION I N FOOD STAMP OR SURPLUS COMMODITIES PROGRAM BY PERSONS ELIGIBLE TO PARTICIPATE I N EMPLOYMENT OR ASSISTANCE PROGRAMS

SEC. 411. (a) Effective January 1, 1974, section 3(e) of the Food Stamp Act of 1964 is amended by adding at the end thereof the following new sentence: "No person who is eligible (or upon application would be eligible) to receive supplemental security income benefits under title X V l of such Act shall be considered to be a member of a household or an elderlv person for purposes of this Act." (b) Section 3(h) of such Act is amended to read as follows: " (n) The term 'State agency', with respect to any State, means the agency of State government which is designated by the Secretary for purposes of carrying out this Act in such State." (c) Section 10(c) of such Act is amended by striking out the first sentence. (d) Clause (2) of the second sentence of section 10(e) of such Act is amended by striking out "used by them in the certification of applicants for benefits under the federally aided public assistance programs" and inserting in lieu thereof the following: "prescribed by the Secretary in the regulations issued pursuant to this Act". (e) Section 10(e) of such Act is further amended by striking out the third sentence.

Effective date. 84 Stat. 2048. 7 USC 2012.

78 Stat. 703.

84 Stat. 2051. 7 USC 2019.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1534

 1492 84 Stat. 2052. 7 USC 2023. 68 Stat. 458; 84 Stat. 199. 7 USC 1431.

Effective date.

PUBLIC LAW 92-603--OCT. 30, 1972

[86 STAT.

(f) Section 14 of such Act is amended by striking out subsection (e). (g) Effective January 1, 1974, section 416 of the Act of October 31, 1949, is amended by adding at the end thereof the following new sentence: "No person who is eligible (or upon application would be eligible) to receive supplemental security income under title X VI of such Act shall be eligible to participate in any program conducted under this section (other than nonprofit child feeding programs or programs under which commodities are distributed on an emergency or temporary basis and eligibility for participation therein is not based upon the income or resources of the individual or family)." (h) Except as otherwise provided in this section, the amendments made by this section shall take effect on January 1, 1973. CHILD WELFARE SERVICES

Effective date. 42 USC 620.

SEC. 412. Effective with respect to fiscal years beginning after June 30, 1972, section 420 of the Social Security Act is amended by striking out "$55,000,000 for the fiscal year ending June 30, 1968, $100,000,000 for the fiscal year ending June 30, 1969, and $110,000,000 for each fiscal year thereafter" and inserting in lieu thereof "$196,000,000 for the fiscal year ending June 30, 1973, $211,000,000 for the fiscal year ending June 30, 1974, $226,000,000 for the fiscal year ending June 30, 1975, $246,000,000 for the fiscal year ending June 30, 1976, and $266,000,000 for each fiscal year thereafter". SAFEGUARDING INFORMATION

42 USC 302.

42 USC 1202.

42 USC 1352.

42 USC 1382.

SEC. 413. (a) Section 2(a)(7) of the Social Security Act is amended to read as follows: "(7) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;". (b) Section 1002(a)(9) of such Act is amended to read as follows: "(9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with, their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;". (c) Section 1402(a)(9) of such Act is amended to read as follows: "(9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;". (d) Section 1602(a)(7) of such Act is amended to read as follows: "(7) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;". RECIPIENTS OF ASSISTANCE FOR THE AGED, BLIND, A N D DISABLED INELIGIBLE

42 USC 602.

SEC. 414. (a) Section 402(a) of the Social Security Act is amended (1) by striking out the period at the end thereof and inserting in lieu

�


text:
Page:United States Statutes at Large Volume 86.djvu/1535

 86 STAT. ]

PUBLIC LAW 92-605-OCT. 31, 1972

of such period "; and", and (2) by adding at the end thereof the following new clause: "(24) if an individual is receiving benefits under title X VI, then, for the period for which such benefits are received, such individual shall not be regarded as a member of a family for purposes of determining the amount of the benefits of the family under this title and his income and resources shall not be counted as income and resources of a family under this title." (b) The amendments made by subsection (a) shall be effective on and after January 1, 1973. Approved October 30, 1972.

1493

Ante,

p. 1465.

Effective date.

Public Law 92-604 AN ACT To authorize appropriations to carry out jellyfisli control programs uiitil the close of fiscal year 1977.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 3 of the Act entitled "An Act to provide for the control or elimination of jellyfish and other such pests in the coastal waters of the United States, and for other purposes", approved November 2, 1966 (16 U.S.C. 1203), is amended by striking out "and" after "June 30, 1969,"; and by striking out the period at the end thereof and inserting in lieu thereof the following: ", and $400,000 for each of the fiscal years ending June 30, 1974, June 30, 1975, June 30, 1976, and June 30, 1977.". Approved October 31, 1972.

October 31, 1972 [H. R. 16074]

Jellyfish c o n trol. Appropriation. 80 Stat. 1149; 84 Stat. 922.

Public Law 92-605 AN ACT To declare a portion of the Delaware River in Philadelphia County, Pennsylvania, nonnavigable.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled. That portion of the Delaware River in Philadelphia County, Commonwealth of Pennsylvania, lying between all that certain lot or piece of ground situate in the second and fifth wards of the city of Philadelphia described as follows: Beginning at a point on the easterly side of Delaware Avenue (variable width) said side being the bulkhead line of the Delaware River (approved by the Secretary of W a r on September 10, 1940), at the distance of 1,833,652 feet from an angle point on the easterly side of said Delaware Avenue south of Washington Avenue; thence extending along the easterly side of said Delaware Avenue the following courses and distances, (1) north 0 degree 45 minutes 33.2 seconds west 2,524.698 feet to a point; (2) north 9 degrees 36 minutes 25 seconds east, 2,168.160 feet to a point; (3) north 13 degrees 26 minutes 45.8 seconds east, 2,039.270 feet to a point; (4) north 20 degrees 12 minutes 52.4 seconds east, 35.180 feet to an angle point in Delaware Avenue; thence continuing north 20 degrees 12 minutes 52.4 seconds east along the said bulkhead line, the distance of 574.970 feet to a point on the south house line of Callowhill Street produced; thence extending along the south house line of Callowhill

October 31, 1972 [S. 1971]

Delaware River, Pa. Nonnavigable portion, declaraUon.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1536

 PUBLIC LAW 92-606-OCT. 31, 1972

1494

u s e prec. title 1.

[86 STAT.

Street produced south 80 degrees 47 minutes 30.6 seconds east, the distance of 523.908 feet to a point on the pierhead line of the Delaware River (approved by the Secretary of W a r on September 10, 1940); thence extending along the said pierhead line the following courses and distances, (1) south 17 degrees 52 minutes 48.5 seconds west, 605.262 feet to a point; (2) south 14 degrees 14 minutes 14.7 seconds west, 1,372.530 feet to a point; (3) south 10 degrees 37 minutes 35.3 seconds west, 1,252.160 feet to a point; (4) south 8 degrees 23 minutes 50.4 seconds west, 1,450.250 feet to a point; (5) south 2 degrees 22 minutes 45.9 seconds west, 1,221.670 feet to a point; (^6) south 1 degree 4 minutes 36 seconds east, 1,468.775 feet to a point on the north house line of Catherine Street extended, thence extending north 76 degrees 56 minutes 29.2 seconds west, the distance of 555.911 feet to the first mentioned point and place of beginning is hereby declared not to be a navigable water of the United States within the meaning of the Constitution and laws of the United States, and the consent of Congress is hereby given, for the filling or erection of permanent structures in all or any part of the described area. SEC. 2. This declaration shall apply only to portions of the abovedescribed area which are filled or occupied by permanent structures. No such filling or erection of structures in the above-described area shall be commenced until the plans therefor have been approved by the Secretary of the Army who shall, prior to granting such approval, give consideration to all factors affecting the general public interest and the impact of the proposed work on the environment. Approved October 31, 1972. Public Law 92-606

October 31, 1972 [H. R. 14628]

United States and Guam. Income taxes, coordination. 68A Stat. 291; 74 Stat. 998. 26 USC 9 3 1.

AN ACT To amend the Internal Revenue Code of 1954 with respect to the tax laws applicable to Guam, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. COORDINATION OF UNITED STATES AND GUAM INDIVIDUAL INCOME TAXES. (a) IN GENERAL.—Subpart D of part III of subchapter N of chapter 1 of the Internal Revenue Code of 1954 (relating to possessions of the United States) is amended by adding at the end thereof the following new section: "SEC. 935. COORDINATION OF UNITED STATES AND GUAM INDIVIDUAL INCOME TAXES. " (a) APPLICATION OF SECTION.—This section shall apply to any individual for the taxable year who— "(1) is a Resident of Guam, "(2) is a citizen of Guam but not otherwise a citizen of the United States, " (3) has income derived from Guam for the taxable year and is a citizen or resident of the United States, or " (4) files a joint return for the taxable year with an individual who satisfies paragraph (1), (2), or (3) for the taxable year. "(b)

F I L I N G REQUIREMENT.—

"(1) IN GENERAL.—Each individual to whom this section

�


text:
Page:United States Statutes at Large Volume 86.djvu/1537

 86 STAT. ]

PUBLIC LAW 92-606-OCT. 31, 1972

1495

applies for the taxable year shall file his income tax return for the taxable year— .?5' " (A) with the United States, if he is a resident of the United. States, "^B) with Guam, if he is a resident of Guam, and " (C) if neither subparagraph (A) nor subparagraph (B) applies— "(i) with Guam, if he is a citizen of Guam but not otherwise a citizen of the United States, or "(ii) with the United States, if clause (i) does not ^^^apply. ^' (2) DETERMINATION DATE.—For purposes of this section, determinations of residence and citizenship for the taxable year shall be made as of the close of the taxable year. "(3) SPECIAL RULE FOR JOINT RETURNS.—In the case of a joint return, this subsection shall be applied on the basis of the residence J30l»* and citizenship of the spouse who has the greater adjusted gross income (determined without regard to community property laws) for the taxable year. "(c) EXTENT or INCOME TAX LIABILITY.—In the case of any individual to whom this section applies for the taxable year— "(1) for purposes of so much of this title (other than this section and section 7654) as relates to the taxes imposed by this intra. chapter, the United States shall be treated as including Guam, "(2) for purposes of the Guam territorial income tax, Guam shall De treated as including the United States, and "(3) such individual is hereby relieved of liability for income tax for such year to the jurisdiction (the United States or Guam) other than the jurisdiction with which he is required to file under subsection (b). " (d) SPECIAL RULES FOR ESTIMATED INCOME TAX.—If there is reaQi't -li-Sr- th son to believe that this section will apply to an individual for the taxable year, then—• "(1) he shall file any declaration of estimated income tax (and all amendments thereto) with the jurisdiction with which he would be required to file a return for such year under subsection (b) if his taxable year closed on the date he is required to file such declaration, Qf.i. q ,fiinh "(2) he is hereby relieved of any liability to file a declaration of estimated income tax (and amendments thereto) for such taxable year to the other jurisdiction, and "(3) his liability l o r underpayments of estimated income tax '. ^? ' J f ^ i J **• shall be to the jurisdiction with which he is required to file his return for the taxable year (determined under subsection (b)). " (b) ADMINISTRATION.—Section 7654 of the Internal Revenue Code Stat. 909. of 1954 (relating to payment to Guam and American Samoa of pro- 68Au s e 7654. 26 ceeds of tax on coconut and other vegetable oils) is amended to read as follows: "SEC. 7654. COORDINATION OF UNITED STATES AND GUAM INDIVIDUAL INCOME TAXES. " (a) GENERAL RULE.—The net collections of the income taxes

imposed for each taxable year with respect to any individual to whom this subsection applies for such year shall be divided between the United States and Guam according to the following rules: "(1) net collections attributable to United States source income shall be covered into the Treasury of the United States; "(2) net collections attributable to Guam source income shall be covered into the treasury of Guam; and " (3) all other net collections of such taxes shall be covered into

�


text:
Page:United States Statutes at Large Volume 86.djvu/1538

 1496

PUBLIC LAW 92-606-OCT. 31, 1972

[86 STAT.

the treasury of the jurisdiction (either the United States or Guam) Ante. p. 1494. with wMch such individual is required by section 935(b) tofilehis return for such year. This subsection applies to an individual for a taxable year if section 935 applies to such individual for such year and if such individual has (or, in the case of a joint return, such individual and his spouse have (A) adjusted gross income of $50,000 or more and (B) gross income of $5,000 or more derived from sources within the jurisdiction (either the United States or Guam) with which the individual is not required under section 935(b) tofilehis return for the year. " (b) DEFINITIONS AND SPECIAL RULES.—For purposes of this section— "(1) N E T COLLECTIONS.—In determining net collections for a taxable year, appropriate adjustment shall be made for credits allowed against the tax liability for such year and refunds made of income taxes for such year. "Income -'(2) INCOME TAXES.—The term 'income taxes' means— " (A) with respect to taxes imposed by the United States, the taxes imposed by chapter 1, and f " (B) with respect to Guam, the Guam territorial income tax. " (3) SOURCE.—The determination of the source of income shall be based on the principles contained in part I of subchapter N 26 USC 861 of chapter 1 (section 861 and following). " (c) TRANSFERS.—The transfers of funds between the United States and Guam required by this section shall be made not less frequently than annually. " (d) iIiLiTARY PERSONNEL I N G U A M. — I n addition to any amount determined under subsection (a), the United States shall pay to Guam at such times and in such manner as determined by the Secretary or his delegate the amount of the taxes deducted and withheld by the 26 USC 3401 United States under chapter 24 with respect to compensation paid have no income tax liability to,Guam with respect to such compensation by reason of the Soldiers and Sailors Civil Relief Act (50 54 Stat. 1178. ^ p p xj.S.C, sec. 501 et seq.). "(e) REGULATIONS.—The Secretary or his delegate shall prescribe such regulations as may be necesrary to carry out the provisions of Ante, p. 1494. ^jjjg gection and section 935, including (but not limited to) — "(1) such regulations as are necessary to insure that the provisions of this title, as made applicable in Guam by section 31 72 Stat. 681. of the Organic Act of Guam, apply in a manner which is con'* " ^ '^ • sistent with this section and section 935, and "(2) regulations prescribing the information which the individuals to whom section 935 may apply shall furnish to the Secretary or his delegate." (c) CIVIL PENALTY FOR FAILURE To F U R N I S H INFORMATION.—Sub-
 * ' *®^to members of the Armed Forces who are stationed in Guam but who

68A Stat. 828; ^^e'usc 6671.

chapter B of chapter 68 of the Internal Revenue Code of 1954 (relating to assessable penalties) is amended by adding at the end thereof the following new section: "SEC. 6687. ASSESSABLE PENALTIES WITH RESPECT TO INFORMATION REQUIRED TO BE FURNISHED UNDER SECTION 7654.

Ante, p. 1495.

"In addition to any criminal penalty provided by law, any person described in section 7654(a) who is required by regulations prescribed under section 7654 to furnish information and who fails to comply with such requirement at the time prescribed by such regulations unless it is shown that such failure is due to reasonable cause and not

�


text:
Page:United States Statutes at Large Volume 86.djvu/1539

 86 STAT. ]

PUBLIC LAW 92-606-OCT. 31, 1972

1497

to willful neglect, shall pay (upon notice and demand by the Secretary or his delegate and in the same manner as tax) a penalty of $100 for each such failure." (d) AMENDMENT or

SECTION 31(d)

OF THE ORGANIC ACT OF

GUAM.—The second sentence of section 31(d)(2) of the Organic Act of Guam (48 U.S.C. 1421i) is amended by inserting "not inconsistent with the regulations prescribed under section 7654(e) of the Internal Revenue Code of 1954" and "Needful rules and regulations".

^^ Stat. 681. Ante, p. i49s.

(e) CORPORATE INCOME TAXES.—

(1) Section 881 of the Internal Revenue Code of 1954 (relating ^ ^^^^- ^^^s. to tax on income of foreign corporations not connected with United States business) is amended by redesignating subsection (b) as subsection (c) and inserting after subsection (a) the following new subsection: "(b) EXCEPTION FOR GUAM CORPORATIONS.—For purposes of this section, the term 'foreign corporation' does not include a corporation "Foreign corpocreated or organized in Guam or under the law of Guam." ration.' (2) Section 1442 of such Code (relating to the withholding of so Stat. iss?. tax on foreign corporations) is amended by adding at the end thereof the following new subsection: "(c) EXCEPTION FOR GUAM CORPORATIONS.—For purposes of this section, the term 'foreign corporation' does not include a corporation "Foreign cotpocreated or organized in Guam or under the law of Guam." ration." (f) TECHNICAL AND CONFORMING AMENDMENTS.—

(1) Section 931(c) of the Internal Revenue Code of 1954 68A Stat. 291. (relating to income from sources within possessions of the United States) IS amended by inserting "or Guam" after "Puerto Rico". (2) The second sentence of section 932(a) of such Code (relating to citizens of possessions of the United States) is amended by inserting "or Guam" after "Puerto Rico". (3) Subsection (c) of section 932 of such Code is amended to read as follows: "(c)

GUAM.—

"For provisions relating to the individual income tax in the case of Guam, see sections 935 and 7654; see also sections 30 and 31 of the Act of August 1, 1950 (48 U.S.C., secs. 1421h and 14211)." (4) Section 7701(a) (12)(B) of such Code (relating to performance of certain functions in Guam or American Samoa) is amended by striking out "chapters 2 " and inserting in lieu thereof "chapters i, 2,". (5) The table of sections for subpart D of part III of subchapter N of chapter 1 of such Code is amended by adding at the end thereof the following: "Sec. 935. Coordination of United income taxes.".

States and Guam

74 Stat. 941. " ""^ "'-'

individual

(6) The table of sections for subchapter D of chapter 78 of such Code, is amended by striking out the item relating to section 7654 and inserting in lieu thereof: "Sec. 7654. Coordination of United States and Guam income taxes.".

individual

(7) The table of sections for subchapter B of chapter 68 of such Code is amended by adding at the end thereof the following: "Sec. 6687. Assessable penalties with respect to information required to be furnished under section 7654.". SEC. 2. EFFECTIVE DATE.

The amendments made by section 1 (other than section 1(e)) shall apply with respect to taxable years beginning after December 31, 1972.

<.0,» K

�


text:
Page:United States Statutes at Large Volume 86.djvu/1540

 1498

PUBLIC LAW 92-607-OCT. 31, 1972

[86

STAT.

The amendments made by section 1(e)(1) shall apply with respect to taxable years beginning after December 31, 1971. The amendment made by section 1(e)(2) shall take effect on the day after the date of the enactment of this Act. Approved October 31, 1972. Public Law 92-607 October 31, 1972 [H. R.17034]

Supplemental Appropriations Act, 1973.

AN ACT Making supplemental appropriations for the fiscal year ending June 30, 1973, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the following sums are appropriated out of any money in the Treasury not otherwise appropriated, to supply supplemental appropriations (this Act may be cited as the "Supplemental Appropriations Act, 1973") for the fiscal year ending June 30, 1973, and for other purposes, namely; CHAPTEK I DEPARTMENT OF AGRICULTURE RURAL DEVELOPMENT FARMERS HOME ADMINISTRATION

For an additional amount for "Salaries and expenses'', $500,000. 03 bebf

ENVIRONMENTAL PROGRAMS SOIL CONSERVATION SERVICE

«ar

64 Stat. 184.

WATERSHED A N D FLOOD PREVENTION OPERATIONS

For an additional amount for "Watershed and flood prevention operations" for emergency measures for runoff retardation and soilerosion prevention, as provided by section 216 of the Flood Control Act of 1950 (33 U.S.C. 701b-l), $16,500,000, to remain available until expended: Provided, That personnel hired or funds expended hereunder shall not be charged to any personnel ceiling or monetary limitation heretofore or hereafter imposed. 1972 RURAL ENVIRONMENTAL ASSISTANCE PROGRAM

The 1972 program of soil-building and soil- and water-conserving practices previously authorized to be carried out mider sections 7 to 15, 16(a), and 17 of the Soil Conservation and Domestic Allotment Act, approved February 29, 1936^ as amended (16 U.S.C. 590g-590o, 590p (a), and 590q) may be carried out through June 30, 1973, and sums appropriated by Public Law 92-399 (86 Stat. 607) for such program may be used for practices carried out under such program through June 30, 1973. NATIONAL STUDY COMMISSION

Ante, p. 875.

For an additional amount for the National Study Commission authorized by section 315 of the Federal Water Pollution Control Act Amendments of 1972, $200,000: Provided, That this sum shall be available only to the extent authorized by law.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1541

 86 STAT. ]

PUBLIC LAW 92-607-OCT. 31, 1972

1499

CHAPTER II DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT fjisifisi t.r •

_

.

•. ^*! . J;

COMMUNITY DEVELOPMENT M"

->, R

URBAN RENEWAL PROGRAMS

For an additional amount for grants for urban renewal programs, as authorize^ by title I of the Housing Act of 1949, as amended (42 U.S.C. 1450 et seq.), $250,000,000, to remain available until ^^^^tat. 4i4; 82 Stat. 518. expended. NATIONAL SCIENCE FOUNDATION SALARIES AND E X P E N S E S

For an additional amount for "Salaries and expenses", to be used for the purchase of three ski-equipped C-130 transport aircraft, aircraft spares and repair parts, $19,740,000, to remain available until expended. CHAPTER

III

DEPARTMENT OF THE .<.?•'-.,»

INTERIOR

BUREAU OF INDIAN AFFAIRS »

EDUCATION A N D W E L F A R E

>•••'

'.o'-i

SERVICES

For an additional amount for "Education and Welfare Services", $2,500,000. CONSTRUCTION

For an additional amount for "Construction," $118,000, to remain available until expended: Provided, That these funds shall be available to assist the Lummi Tribe of Indians in the construction of a fish hatchery. 9;

ALASKA N A T IV E F U N D

"'

'

-•'>

Any of the funds heretofore or hereafter advanced under authority of the Second Supplemental Appropriations Act, 1972 (Public Law 92-306), or the Act of August 10, 1972 (Public Law 92-369), to a ^"J^^' P- i ". Regional Corporation organized pursuant to the Alaska Native ^"^^' ^' ^°*' Claims Settlement Act of December 18, 1971 (Public Law 92-203), ss Stat. ess. may be used by such Regional Corporation to loan to, and such note.^^*^ ^^°^ Regional Corporation may also guarantee loans by third parties to the Alaska Federation of Natives and/or Alaska Federation of Natives, Inc., in such amounts and upon such terms and conditions as may be determined by such Regional Corporation, and in recognition of the services of said organizations in advancing land claims settlement legislation. C L A I M S AND TREATY

OBLIGATIONS

For payment to Ute Tribe of Uintah and Ouray Reservation pursuant to section 2 of the Act of September 18, 1970, 84 Stat. 844, 25 USC 3S9 $65,000. "°*«-

�


text:
Page:United States Statutes at Large Volume 86.djvu/1542

 1500

PUBLIC LAW 92-607-OCT. 31, 1972

[86 STAT.

NATIONAL PARK SERVICE CONSTRUCTION

For an additional amount for "Construction", $350,000, to remain available until expended. JOHN F. KENNEDY CENTER FOR THE PERFORMING ARTS

For expenses necessary for operating and maintaining the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, $2,000,000, of which not to exceed $630,000 shall be available for reimbursement to the Board of Trustees of the John F. Kennedy Center for operation and maintenance costs incurred for the period July 1 to October 31, 1972. OFFICE or THE SOLICITOR

.

SALARIES A N D EXPENSES

For an additional amount for "Salaries and expenses", $360,000. OFFICE OF THE SECRETARY DEPARTMENTAL OPERATIONS

For an $400,000.

additional

amount

for

"Departmental

operations",

RELATED AGENCIES '

H I S TO R I C A L A N D M E M O R I A L COMMISSIONS AMERICAN REVOLUTION BICENTENNIAL COMMISSION

..:,,„

80 Stat. 259; 84 Stat. 1389. Ante, p. 43.

SALARIES A N D EIXPENSES

,,,.,;••:.,

.,1

For expenses to carry out the provisions of the Act of July 4, 1966 (P.'L. 89-491), as amended, through February 15, 1973, $3,356,000, ^f which uot to excced $1,200,000 shall be for grants-in-aid as authorized by section 9(1) of the said Act, to remain available until expended: Provided, That none of the funds appropriated in this paragraph shall be available for obligation except upon the enactment into Siw of authorizing legislation. CHAPTER IV DEPARTMENT OF LABOR MANPOWER ADMINISTRATION SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $26,602,000. MANPOWER T R A I N I N G SERVICES

81 Stat. 672;
 * ^42 USC 2ni.

For an additional amount for "Manpower training services", for expenses necessary to carry into effect title I of the Economic Opportuuity Act of 1964, as amended, $829,862,000, plus reimbursements: Provided, That this appropriation shall not be available for

�


text:
Page:United States Statutes at Large Volume 86.djvu/1543

 86 STAT. ]

1501

PUBLIC LAW 92-607-OCT. 31, 1972

contracts made under title I of the Economic Opportunity Act extending for more than twenty-four months: Provided further, That all ffrant agreements shall provide that the General Accounting Office shall have access to the records of the grantee which bear exclusively upon the Federal grant: Provided further, That this appropriation shall be available for the purchase and hire of passenger motor vehicles, and for construction, alteration, and repair of buildings and other facilities, as authorized by section 602 of the Economic Opportunity Act of 1964, and for the purchase of real property for traming centers. LIMITATION

ON

GRANTS TO STATES FOR UNEMPLOYMENT A N D EMPLOYMENT SERVICES

81 Stat. 672; 83 Stat. 833. 42 USC 2711.

78 Stat. 528; 80 Stat. 1468. 42 USC 2942.

INSURANCE

For an additional amount for "Limitation on gfrants to States for unemployment insuran'';e and employment services", $40,000,000 may be expended from the Employment Security Administration account in the Unemployment Trust Fund.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE HEALTH SERVICES AND MENTAL HEALTH ADMINISTRATION MENTAL

HEALTH

For an additional amount for "Mental health", including carrying out the functions of the Secretary under the Drug Abuse Office and Treatment Act of 1972 (Public Law 92-255), $60,000,000.

Ante, p. 65.

EDUCATION DIVISION SALARIES AND EXPENSES, ASSISTANT SECRETARY FOR EDUCATION

For necessary expenses to carry out section 402 of the General Education Provisions Act, $1,495,000.

Ante, p. 327.

OFFICE OF EDUCATION EMERGENCY SCHOOL ASSISTANCE

For carrying out the Emergency School Aid Act, title IV of the Civil Rights Act of 1964 relating to functions of the Commissioner of PMucation, and emergency school assistance activities for which provision was made in the Joint Resolution of July 1, 1972 (Public Law 92-334), $270,640,000.

Ante, p. 354. 78 Stat. 252. 42 USC 2000d. Ante, p. 402.

I N D I A N EDUCATION

For carrying out, to the extent not otherwise provided, part A ($11,500,000), part B ($5,000,000), and part C ($500,000) of the Indian Education Act, and General Education Provisions Act ($1,000,000), $18,000,000.

^"'e' P- 334

20 USC 1221 note.

HIGHER EDUCATION

For carrying out, to the extent not otherwise provided, title I, parts A, section 420, B, and E of title IV, and section 1202, of the Higher 236, Education Act, as amended, section 506(b) of the Education Amend- 2t"%s'^ 264, ments of 1972, the Emergency Insured Student Loan Act of 1969, as 272! 324! amended, and sections 400, 404, and 421 of the General Education ^"'e, p. 350. Provisions Act, section 207 of the National Defense Education Act, ^"J^' I' 1^26 section 22 of the Act of June 29, 1935, as amended (7 U.S.C. 329), 20 USC'427.' Ante, p. 350.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1544

 PUBLIC LAW 92-607-OCT. 31, 1972

1502 Ante, p. 907.

[86

STAT.

and S.J. Kesolution 265, $577,500,000, of which $25,000,000 shall be for Veterans Cost of Instruction payments to institutions of higher education, and $215,000,000 to remain available until expended shall be for subsidies on guaranteed student loans: Provided, That the funds to carry out S.J. Eesolution 265 shall be available only upon enactment of authorizing legislation. LIBRARY RESOURCES

Ante, p. 238.

For an additional amount for "Library resources", including carrying out to the extent not otherwise provided for, title II (except section 231) of the Higher Education Act of 1965, as amended, $17,857,000. NATIONAL COMMISSION ON THE FINANCING OF POSTSECONDARY EDUCATION

Ante, p. 282. 5 USC 5332 note.

For expenses necessary to carry out section 140 of the Education Amendments of 1972, including compensation for members of the Commission at rates not to exceed the per diem equivalent for grade GS-18, $1,500,000, to remain available until June 30, 1974. . EDUCATIONAL EENEWAL

20 USC 1091a, 1091c,1101, n i l, 1119, 1119b, 1119c. Ante, p. 326.

For an additional amount for "Educational renewal", including sections 502 and 504, parts B - 1, C, D, E, and F of the Education Professions Development Act, and section 400 of the General Education Provisions Act, $81,165,000. SALARIES AND EXPENSES

For an additional amount for "Salaries and expenses", $13,905,000 of which $300,000 shall be transferred to Health Services and Mental Health Administration for expenses, of the Youth Camp Safety Study.

Ante, p. 328.

NATIONAL INSTITUTE OF EDUCATION

For carrying out section 405 of the General Education Provisions Act, and for the necessary expenses of the National Institute of Education, including rental of conference rooms in the District of Columbia; and not to exceed $500 for official reception and representation expenses; $92,082,000: Provided, That funds included in the regular fiscal year 1973 appropriation for "Educational renewal" and "Samries and expenses, Office of Education" for dissemination activities, except general program dissemination, and the District of Columbia schools project shall be transferred to the National Institute of Education. SOCIAL AND REHABILITATION SERVICE .r-«..^ S O C I A L AND

79 Stat. 218. 42 USC 3001 note. 42 USC 626, 908, 1310, 1315. 74 Stat. 364. 22 USC 2101 note.

REHABILITATION

^,-:A

SERVICES

For carrying out, except as otherwise provided, the Rehabilitation Act of 1972, the Older Americans Act of 1965, as amended, sections 426, 707, 1110, and 1115 of the Social Security Act, and the International Health Research Act of 1960, $898,648,000, of which $610,000,000 shall be for grants under section 103 of the Rehabilitation Act of 1972 and not to exceed $38,735,000 shall be for grants under section 104 of

i

\ }

ii'JC

�


text:
Page:United States Statutes at Large Volume 86.djvu/1545

 86

STAT.

]

PUBLIC LAW 92-607-OCT. 31, 1972

1503

such Act: Provided, That none of the funds contained in this appropriation may be used for any expenses, whatsoever, incident to making allotments to States for the current fiscal year, under section 103 of the Rehabilitation Act of 1972, on a basis in excess of a total of $645,000,000:Proi;i(f6^ further, That the $5,000,000 contained within this appropriation for the construction of the National Center for Deaf/Blind youths and adults shall remain available until expended. OFFICE or CHILD DEVELOPMENT CHILD DEVELOPMENT

For carrying out, except as otherwise provided, section 426 of the Social Security Act and the Act of April 9, 1912 (42 U.S.C. 191), including $400,755,000 to carry out Proiect Head Start, as authorized by section 222(a)(1) of the Economic Opportunity Act of 1964,

si sta^ s^is. 37 Stat. 79/737. a 1 Stat. 698;

$415,556,000.

42 USC 2809. OFFICE OF THE SECRETARY

•

,

OFFICE IXJR CIVIL R I G H T S

For an additional amount for "Office for Civil Rights", $1,322,000. DEPARTMENTAL MANAGEMENT

For an additional amount for "Departmental management", $541,000. RELATED AGENCIES .^ ACTION O/fi piL

OPERATING EXPENSES, DOMESTIC PROGRAMS

For expenses necessary for Action to carry out the provisions of the Economic Opportunity Act of 1964, as amended, relating to Volunteers in Service to America (42 U.S.C. 2991-2994); section a 1 Stat. 722. 637(b) of the Small Business Act (15 U.S.C. 637(b)), not otherwise 72 Stat. 389j provided for; and title VI of the Older Americans Act of 1965, as ^^ ® * ' ^^^• amended (42 U.S.C. 3044-3044s); $94,107,000. 83 Stat. 111. OFFICE OF ECONOMIC OPPORTUNITY ECONOMIC O P P O R T U N I T Y PROGRAM

For expenses necessary to carry out the provisions of the Economic Opportunity Act of 1964 (Public Law 88-452, approved August 20, 1964), as amended, $790,200,000, plus reimbursements: Provided, That 78 Stat. sos. this appropriation shall be available for the purchase and hire of ^^t^^^^ ^^°^ passenger motor vehicles, and for the construction, alteration, and repair of buildings and other facilities, as authorized by section 6(52 of the Economic Opportunity Act of 1964: Provided further, That 78 Stat. 528; no part of the funds appropriated in this paragraph shall be available ^42 *usc^29*2 for any grant until the Director has determined that the grantee is qualified to administer the funds and programs involved in the proposed grant: Provided further, That all grant agreements shall provide that the General Accounting Office shall have access to the records of the grantee which bear exclusively upon the Federal grant.

�


text:
Page:United States Statutes at Large Volume 86.djvu/1546

 1504

PUBLIC LAW 92-607-OCT. 31, 1972

[86 STAT.

CHAPTER V LEGISLATIVE BRANCH SENATE For payment to Allen J. EUender, Jr., son of Allen J. Ellender, late a Senator from the State of Louisiana, $49,500. SALARIES, OFFICERS AND EMPLOYEES OFFICE OF THE SECRETARY

For an additional amount for "Office of the Secretary", $8,980: Provided, That effective November 1, 1972, the Secretary may appoint and fix the compensation of a clerk in the office of the official reporters of debates at not to exceed $13,468 per annum, an assistant librarian at not to exceed $17,871 per annum in lieu of a senior reference assistant at not to exceed such rate, a senior reference assistant at not to exceed $12,691 per annum in lieu of an assistant librarian at not to exceed such rate, a clerk at not to exceed $9,583 per annum in lieu of a messenger at not to exceed such rate, seven clerks at not to exceed $8,806 per annum each in lieu of seven messengers at not to exceed such rate, and the title of the position chief messenger in the Secretary's office is hereby changed to deputy special assistant. OFFICE OF SERGEANT AT ARMS AND DOORKEEPER

For an additional amount for "Office of Sergeant at Arms and Doorkeeper", $42,305: Provided, Th&t effective November 1, 1972, the Sergeant at Arms may appoint and fix the compensation of a manager programer at not to exceed $22,533 per annum, and two senior programer analysts at not to exceed $20,461 per annum each. CONTINGENT EXPENSES OF THE SENATE INQUIRIES AND INVESTIGATIONS

For an additional amount for "Inquiries and Investigations", fiscal year 1972, $140,000, to be derived by transfer from the appropriation "Salaries, Officers and Employees", fiscal year 1972, MISCELLANEOUS ITEMS

For an additional amount for "Miscellaneous Items", fiscal year 1972, $1,020,000, to be derived by transfer from the appropriation "Salaries, Officers and Employees', fiscal year 1972. ADMINISTRATIVE PROVISIONS

85 Stat. 129.

S E C 501. Clause (2) of the fourth paragraph under the heading "Administrative Provisions" in the appropriations for the Senate in the Legislative Branch Appropriation Act, 1972, is amended by striking out "Federal Code Annotated" wherever it appears and inserting in lieu thereof "United States Code Service". SEC. 502. The first sentence of the third paragraph under the heading "Administrative Provisions" in the appropriations for the Senate in the Legislative Branch Appropriation Act, 1959, as amended by the Legislative Branch Appropriation Act, 1972 (2 U.S.C. 43b), is amended to read as follows:

�