text:
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[81 STAT.

it would have been if the person or persons referred to in paragraph (2) were not entitled to a benefit referred to in such paragraph. EXPEDITED BENEFIT PAYMENTS 42 USC 405.

SEC. 171. (a) Section 205 of the Social Security Act is amended by adding at the end thereof the following new subsection: "Expedited Benefit Payments The Secretary shall establish and put into effect procedures under which expedited payment of monthly insurance benefits under this title will, subject to paragraph (4) of this subsection, be made as set forth in paragraphs (2) and (3) of this subsection. " (2) I n any case in which— " (A) an individual makes an allegation that a monthly benefit under this title was due him in a particular month but was not paid to him, and " (B) such individual submits a written request for the payment of such benefit— " (i) in the case of an individual who received a regular monthly benefit in the month preceding the month with respect to which such allegation is made, not less than 30 days after the 15th day of the month with respect to which such allegation is made (and in the event that such req^uest is submitted prior to the expiration of such 30-day period, it shall be deemed to have been submitted upon the expiration of such period), and " (ii) in any other case, not less than 90 days after the later of (I) the date on which such benefit is alleged to have been due, or ( II) the date on which such individual furnished the last information requested by the Secretary (and such written request will be deemed to be filed on the day on which it was filed, or the ninetieth day after the first day on which the Secretary has evidence that such allegation is true, whichever is later), the Secretary shall, if he finds that benefits are due, certify such benefits for payment, and payment shall be made within 15 days immediately following the date on which the written request is deemed to have been filed. "(3) I n any case in which the Secretary determines that there is evidence, although additional evidence might be required for a final decision, that an allegation described in paragraph (2)(A) is true, he may make a preliminary certification of such benefit for payment even though the 30-day or 90-day periods described in paragraph (2)(B) (i) and (B) (ii) have not elapsed. " (4) Any payment made pursuant to a certification under paragraph (3) of this subsection shall not be considered an incorrect payment for purposes of determining the liability of the certifying or disbursing officer. " (5) For purposes of this subsection, benefits payable under section 228 shall be treated as monthly insurance benefits payable under this title. However, this subsection shall not apply with respect to any benefit for which a check has been negotiated, or with respect to any benefit alleged to be due under either section 223, or section 202 to a wife, husband, or child of an individual entitled to or applying for benefits under section 223, or to a child who has attained age 18 and is under a disability, or to a widow or widower on the basis of being under a disability." "(Q)(1)

42 USC 428.

^Q^ use 423,

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 81 STAT. ]

PUBLIC LAW 90-248-JAN. 2, 1968

877

(b) The amendment made by subsection (a) of this section shall be effective with respect to written requests filed under section 205(q) of the Social Security Act after June 30, 1968. DEFINITION" OF B L IX D N E S S

SEC. 172. (a) The first sentence of section 216(i)(1) of the Social Security Act is amended by striking out " (B) " and all that follows and inserting in lieu thereof " (B) blindness; and the term 'blindness' means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens." (b) The second sentence of section 216(i)(1) of such Act is amended to read as follows: "An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of this paragraph as having a central visual acuity of 20/200 or less." (c) The amendments made by this section shall be effective with respect to benefits under section 223 of the Social Security Act for months after January 1968 based on applications filed after the date of enactment of this Act and with respect to disability determinations under section 216(i) of the Social Security Act based on applications fi^ed after the date of enactment of this Act.

^2 USC 4i6.

^2 USC 423.

ATTORNEYS FEES FOR C L A I M A N T S

SEC. 173. Section 206(a) of the Social Security Act is amended by inserting, immediately before the last sentence thereof, the following new sentences: "Whenever the Secretary, in any claim before him for benefits under this title, makes a determination favorable to the claimant, he shall, if the claimant was represented by an attorney in connection with such claim, fix (in accordance with the regulations prescribed pursuant to the preceding sentence) a reasonable fee to compensate such attorney for the services performed by him in connection with such claim. If as a result of such determination, such claimant is entitled to past-due benefits under this title, the Secretary shall, notwithstanding section 205(i), certify for payment (out of such pastdue benefits) to such attorney an amount equal to whichever of the following is the smaller: (A) 25 per centum of the total amount of such past-due benefits, (B) the amount of the attorney's fee so fixed, or (C) the amount agreed upon between the claimant and such attorney as the fee for such attorney'services."

^2 USC 406.

42 USC 405.

TITLE II—PUBLIC W E L F A R E AMENDMENTS PART 1—PUBLIC ASSISTANCE AMENDMENTS PROGRAMS OF SERVICES FURNISHED TO FAMILIES WITH DEPENDENT CHILDREN

SEC, 201. (a)(1) Section 402(a) of the Social Security Act (as amended by section 202(a) of this Act) is amended by— (A) striking out "and" at the end of clause (13); (B) striking out clause (14), including the period at the end thereof, and inserting in lieu thereof the following: "(14) provide for the development and application of a program for such family services, as defined in section 406(d), and child-welfare services, as defined in section 425, for each child and relative who receives aid to families with dependent children, and each appropriate individual (living in the same home as a relative and

^os<, p. ssi.

^°«'' P- ^SO. ^osf, p. 914.

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


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Post,

p. 893.

Ante,

p. 877.

[81 STAT.

child receiving such aid whose needs are taken into account in making the determination under clause (7)), as may be necessary in the light of the particular home conditions and other needs of such child, relative, and individual, in order to assist such child, relative, and individual to attain or retain capability for self-support and care and in order to maintain and strengthen family life and to foster child development;"; and (C) adding after clause (14) the following new clauses: "(15) provide— " (A) for the development of a program for each appropriate relative and dependent child receiving aid under the plan, and each appropriate individual (living in the same home as a relative and child receiving such aid) whose needs are taken into account in making the determination under clause (7), with the objective of— " (i) assuring, to the maximum extent possible, that such relative, child, and individual will enter the labor force and accept employment so that they will become self-sufficient, and "(ii) preventing or reducing the incidence of births out of wedlock and otherwise strengthening family life, " (B) for the implementation of such programs by— "(i) assuring that such relative, child, or individual who is referred to the Secretary of Labor pursuant to clause (19) is furnished child-care services and that in all appropriate cases family planning services are offered them, and "(ii) in appropriate cases, providing aid to families with dependent children in the form of payments of the types described in section 406(b)(2), and " (C) that the acceptance by such child, relative, or individual of family planning services provided under the plan shall be voluntary on the part of such child, relative, or individual and shall not be a prerequisite to eligibility for or the receipt of any other service or aid under the plan, " (D) for such review of each such program as may be necessary (as frequently as may be necessary, but at least once a year) to insure that it is being effectively implemented, " (E) for furnishing the Secretary with such reports as he may specify showing the results of such programs, and " (F) to the extent that such programs under this clause or clause (14) are developed and implemented by services furnished by the staff of the State agency or the local agency administering the State plan in each of the political subdivisions of the State, for the establishment of a single organizational unit in such State or local agency, as the case may be, responsible for the furnishing of such services; (16) provide that where the State agency has reason to believe that the home in which a relative and child receiving aid reside is unsuitable for the child because of the neglect, abuse, or exploitation of such child it shall bring such condition to the attention of the appropriate court or law enforcement agencies in the State, providing such data with respect to the situation it may have; (17) provide— " (A) for the development and implementation of a program under which the State agency will undertake— " (i) in the case of a child born out of wedlock who is receiving aid to families with dependent children, to establish the paternity of such child and secure support for him, and "(ii) in the case of any child receiving such aid who has been deserted or abandoned by his parent, to secure support

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text:
Page:United States Statutes at Large Volume 81.djvu/913

 81 STAT. J

PUBLIC LAW 90-248-JAN. 2, 1968

for such child from such parent (or from any other person legally liable for such support), utilizing any reciprocal arrangements adopted with other States to obtain or enforce court orders for support, and " (B) for the establishment of a single organizational unit in the State agency or local agency administering the State plan in each political subdivision which will be responsible for the administration of the program referred to in clause (A); (18) provide for entering into cooperative arrangements with appropriate courts and law enforcement officials (A) to assist the State agency in administering the program referred to in clause (17)(A), including the entering into of financial arrangements with such courts and officials in order to assure optimum results under such program, and (B) with respect to any other matters of common concern to such courts or officials and the State agency or local agency administering the State plan." (2) Section 402(a) (13) of such Act (as redesignated by section 202(a) of this Act) isamendedby striking out "(if any)*'. (b) Section 402 of such Act is amended by adding at the end thereof the following new subsection: "(c) The Secretary shall, on the basis of his review of the reports received from the States under clause (15) of subsection (a), compile such data as he believes necessary and from time to time publish his findings as to the effectiveness of the programs developed and administered by the States under such clause. The Secretary shall annually report to the Congress (with the first such report being made on or before July 1, 1970) on the programs developed and administered by each State under such clause (15)." (c) Section 403(a)(3) of such Act is amended by striking out subparagraphs (A) and (B) and inserting in lieu thereof the following: " (A) 75 per centum of so much of such expenditures as are for— "(i) any of the services described in clauses (14) and (15) of section 402(a) which are provided to any child or relative who is receiving aid under the plan, or to any other individual (living in the same home as such relative and child) whose needs are taken into account in making the determination under clause (7) of such section, "(ii) any of the services described in clauses (14) and (15) of section 402(a) which are provided to any child or relative who is applying for aid to families with dependent children or who, within such period or periods as the Secretary may prescribe, has been or is likely to become an applicant for or recipient of such aid, or "(iii) 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". (d) Section 403(a)(3) of such Act is further amended— (1)(A) by redesignating subparagraphs (C), (I)), and (E) as subparagraphs (B), (C), and (D),respectively, (B) by striking out "subparagraph (E) " in subparagraph (C) (as so redesignated) and inserting in lieu thereof "subparagraph (D) ", and (C) by striking out "subparagraph (D) " in the matter following subparagraph (D) (as so redesignated) and inserting in lieu thereof "subparagraph (C) "; 85-622 0-68—58

879

^°^'' P- ^^^•

Report to ""s*"^^^^^ ^sc eot

^"'e- P- 877.

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Page:United States Statutes at Large Volume 81.djvu/914

 880

f!^„^^^:...

76 Stat. 176 42 USC 603

^r*!!!!:

42 USC 608. 49 Stat. 6 29; 64 Stat. 551.

42 USC 606. ^'Family services

42 USC 602.

Post, p. 911.

Ante, p. 877.

PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

(2) by striking out "subparagraphs (A) and (B) " in the sentence following subparagraph (B) (as redesignated by paragraph (1) of this subsection) and inserting in lieu thereof "subparagraph (A) "; (3) by inserting before the period at the end of the sentence following subparagraph (B) (as redesignated by paragraph (1) of this subsection) the following: "; and except that, to the extent specified by the Secretary, child-welfare services, family planning services, and family services may be provided from sources other than those referred to in subparagraphs (C) and (D) "; and (4) by striking out "subparagraphs (B) and (C) apply" in the last sentence and inserting in lieu thereof "subparagraph (B) applies". (e)(1) Section 403(c) of such Act is repealed. (2) Section 403(a)(3) of such Act is amended by striking out "whose State plan approved under section 402 meets the requirements of subsection (c)(1)", and by striking out "; and" at the end and inserting in lieu thereof a period. (^) Section 403(a)(4) of such Act is repealed. (4) Section 408(d) of such Act is amended by striking out "and (4)". . . . ' (f) Section 406 of such Act is amended by adding at the end thereof the following new subsection: " (d) The term 'family services' means services to a family or any member thereof for the purpose of preserving, rehabilitating, reuniting, or strengthening the family, and such other services as will assist members of a family to attain or retain capability for the maximum self-support and personal independence." {g)(l) The amendments made by subsections (a), (b), (d), (e), and (f) of this section shall be effective July 1, 1968 (or earlier if the State plan so provides); except that (A) if on the date of enactment of this Act the agency of a State referred to in section 402(a)(3) of the Social Security Act is different from the agency of such State responsible for administering the plan for child-welfare services developed pursuant to part B of title IV of the Social Security Act, the provisions of section 402(a) (15)(F) of such Act (added thereto by subsection (a) of this section) shall not apply with respect to such agencies but only so long as such agencies of the State are different, and (B) if on such date the local agency administering the plan of a State under part A of title IV of such Act in a political subdivision is different from the local agency in such subdivision administering the State's plan for child-welfare services developed pursuant to part B of title IV of such Act, the provisions of such section 402(a) (15)(F) shall not apply with respect to such agencies but only so long as such local agencies are different. (2) The amendment made by subsection (c) shall apply with respect to services furnished after June 30, 1968, or furnished after such earlier date as the State plan may provide with respect to the amendment made by paragraph (1) of this subsection. (h) Notwithstanding subparagraph (A) of section 403(a)(3) of the Social Security Act (as amended by subsection (c) of this section), the rate specified in such subparagraph in the case of any State shall be 85 per centum (rather than 75 per centum) with respect to expenditures, for services furnished pursuant to clauses (14) and (15) of section 402(a) of such Act, made on or after the date of enactment of this Act, and prior to July 1, 1969.

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Page:United States Statutes at Large Volume 81.djvu/915

 81 STAT. ]

PUBLIC LAW 90-248-JAN. 2, 1968

^^^

E A R N I N G S E X E M P T I O N FOR R E C I P I E N T S OF AID TO F A M I L I E S W I T H DEPENDENT CHILDREN

SEC. 202. (a) Clauses (8) through (13) of section 402(a) of the Social Security Act are redesignated as clauses (9) through (14), ^/It^J^^g"^^' respectively. 42 USC 602. (b) Effective July 1, 1969, section 402(a) of such Act is amended by striking out clause (7) and inserting in lieu thereof the following: "(7) except as may be otherwise provided in clause (8), provide that the State agency shall, in determining need, take into consideration any other income and resources of any child or relative claiming aid to families with dependent children, or of any other individual (living in the same home as such child and relative) whose needs the State determines should be considered in determining the need of the child or relative claiming such aid, as well as any expenses reasonably attributable to the earning of any such income; (8) provide that, in making the determination under clause (7), the State agency— " (A) shall with respect to any month disregard— "(i) all of the earned income of each dependent child receiving aid to families with dependent children who is (as determined by the State in accordance with standards prescribed by the Secretary) a full-time student or part-time student who is not a full-time employee attending a school, college, or university, or a course of vocational or technical training designed to fit him for gainful employment, and " (ii) in the case of earned income of a dependent child not included under clause (i), a relative receiving such aid, and any other individual (living in the same home as such relative and child) whose needs are taken into account in making such determination, the first $30 of the total of such earned income for such month plus one-third of the remainder of such income for such month; and " (B)(i) may, subject to the limitations prescribed by the Secretary, permit all or any portion of the earned or other income to be set aside for future identifiable needs of a dependent child, and (ii) may, before disregarding the amounts referred to in subparagraph (A) and clause (i) of this subparagraph, disregard not more than $5 per month of any income; except that, with respect to any month, the State agency shall not disregard any earned income (other than income referred to in subparagraph (B)) of—• " (C) any one of the persons specified in clause (ii) of subparagraph (A) if such person— " (i) terminated his employment or reduced his earned income without good cause within such period (of not less than 30 days) preceding such month as may be prescribed by the Secretary; or "(ii) refused without good cause, within such period preceding such month as may be prescribed by the Secretary, to accept employment in which he is able to engage which is offered through the public employment offices of the State, or is otherwise offered by an employer if the offer of such employer is determined by the State or local agency administering the State plan, after notification by him, to be a bona fide offer of employment; or " (D) any of such persons specified in clause (ii) of subparagraph (A) if with respect to such month the income of the persons so specified (within the meaning of clause (7)) was in excess of their need as determined by the State agency pursuant to

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text:
Page:United States Statutes at Large Volume 81.djvu/916

 882

PUBLIC LAW 90-248-J AN. 2, 1968

42 USC 602.

Ante, p. 881.

Post,

p. 9 1 1.

clause (7) (without regard to clause (8)), unless, for any one of the four months preceding such month, the needs of such persons were met by the furnishing of aid under the plan;'". (^^^ ^ State whose plan under section 402 of the Social Security Act has been approved by the Secretary shall not be deemed to have failed to comply substantially with the requirements of section 402(a)(T) of such Act (as in eifect prior to July 1, 1969) for any period beginning after December 31, 1967, and ending prior to July 1, 1969, if for such period the State agency disregards earned income of the individuals involved in accordance with the requirements specified in gcction 402(a)(7) and (8) of such Act as amended by this Act. (d) Effective with respect to quarters beginning after June 30, 1968, in determining the need of individuals claiming aid under a State plan approved under part A of title IV of the Social Security Act, the State shall apply the provisions of such part notwithstanding any provisions of law (other than such Act) requiring the State to disregard earned income of such individuals in determining need under such State plan. DEPENDENT

75 Stat. 75. 42 USC 607.

CHIIJ)REX

OF U N E M P L O Y E D

FATHERS

SEC. 203. (a) Section 407 of the Social Security Act is amended to read as follows: a D E P E N D E N T C H I L D R E N OF U N E M P L O Y E D

chrid^"^"'^^"' '^ 42 USC 606.

[81 STAT.

FATHERS

"SEC. 407. (a) The term 'dependent child' shall, notwithstanding section 406(a), include a needy child who meets the requirements of section 406(a)(2), who has been deprived of parental support or care by reason of the unemployment (as determined in accordance with standards prescribed by the Secretary) of his father, and who is living with any of the relatives specified in section 406(a)(1) in a place of residence maintained by one or more of such relatives as his (or their) own home. " (b) The provisions of subsection (a) shall be applicable to a State if the State's plan approved under section 402— "(1) requires the payment of aid to families with dependent children with respect to a dependent child as defined in subsection (a) when— " (A) such child's father has not been employed (as determined in accordance with standards prescribed by the Secretary) for at least 30 days prior to the receipt of such aid, " (B) such father has not without good cause, within such period (of not less than 30 days) as may be prescribed by the Secretary, refused a bona fide offer of employment or training for employment, and " (C)(i) such father has 6 or more quarters of work (as defiiiea in subsection (d)(1)) in any 13-calendar-quarter period ending within one year prior to the application for such aid or (ii) he received unemployment compensation under an unemployment compensation law of a State or of the United States, or he was qualified (within the meaning of subsection (d)(3)) for unemployment compensation under the unemployment compensation law of the State, within one year prior to the application for such aid; and "(2) provides— " (A) for such assurances as will satisfy the Secretary that fathers of dependent children as defined in subsection (a) will be referred to the Secretary of Labor as provided in sec-

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STAT.]

PUBLIC LAW 90-248-JAN. 2, 1968

883

tion 402(a) (19) within thirty days after receipt of aid with ^°^^' P- Orespect to such children; " (B) for entering into cooperative arrangements with the State agency responsible for administering or supervising the administration of vocational education in the State, designed to assure maximum utilization of available public vocational education services and facilities in the State in order to encourage the retraining of individuals capable of being retrained; and " (C) for the denial of aid to families with dependent children to any child or relative specified in subsection (a) if, and for as long as, such child's father— " (i) is not currently registered with the public employment offices in the State, or "(ii) receives unemployment compensation under an unemployment compensation law of a State or of the United States, "(c) Xotwithstanding any other provisions of this section, expenditures pursuant to this section shall be excluded from aid to families with dependent children (A) where such expenditures are made under the plan with respect to any dependent child as defined in subsection (a), (i) for any part of the 30-day period referred to in subparagraph (A) of subsection (b)(1), or (ii) for any period prior to the time Avhen the father satisfies subparagraph (B) of such subsection, and (B) if, and for as long as, no action is taken (after the 30-day period referred to in subparagraph (A) of subsection (b)(2)), under the program therein specified, to refer such father to the Secretary of Labor pursuant to section 402(a) (19). " (d) For purposes of this section— "(1) the term 'quarter of work' with respect to any individual "^"f'^'' "^ means a calendar quarter in which such individual received earned ^ income of not less than $50 (or which is a 'quarter of coverage' as defined in section 213(a)(2)), or in which such individual partici- '*^ ^^^ '*^^pated in a community work and training program under section 409 or any other work and training program subject to the limitations in section 409, or the work incentive program established 42 us^ceo^g' under part C; Post, p. 884. "(2) the term 'calendar quarter' means a period of 3 consecu- "^^^^7'^^'' tive calendar months ending on March 31, June 30, September 30, or December 31; and "(3) an individual shall be deemed qualified for unemployment compensation under the State's unemployment compensation law if— " (A) he would have been eligible to receive such unemployment compensation upon filing application, or " (B) he performed work not covered under such law and such work, if it had been covered, would (together with any covered work he performed) have made him eligible to receive such unemployment compensation upon filing application," (b) In the case of an application for aid to families with dependent children under a State plan approved under section 402 of such Act with respect to a dependent child as defined in section 407(a) of such Act (as amended by this section) within 6 months after the effective date of the modification of such State plan which provides for payments in accordance with section 407 of such Act as so amended, the father of such child shall be deemed to meet the requirements of subparagraph (C) of section 407(b)(1) of such Act (as so amended) if at any tmie after April 1961 and prior to the date of application such

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text:
Page:United States Statutes at Large Volume 81.djvu/918

 884

Ante,

PUBLIC LAW 90-248-JAN. 2, 1968

p. 88 2.

42 USC 602.

[81 STAT.

father met the requirements of such subparagraph (C). For purposes of the preceding sentence, an individual receiving aid to families with dependent children (under section 407 of the Social Security Act as in effect before the enactment of this Act) for the last month ending before the effective date of the modification referred to in such sentence shall be deemed to have filed application for such aid under such section 407 (as amended by this section) on the day after such effective date. (c) The amendment made by subsection (a) shall be efl'ective January 1, 1968; except that no State which had in operation a program of aid with respect to children of unemployed parents under section 407 of the Social Security Act (as in effect prior to such amendment) in the calendar quarter commencing October 1, 1967, shall be required to include any additional child or family under its State p2an approved under section 402 of such Act, by reason of the enactment of such amendment, prior to July 1, 1969. W O R K I N C E N T IV E PROGRAM FOR R E C I P I E N T S OF AID U N D E R PART A OF TITLE IV

Post,

p. 911.

SEC. 201. (a) Title IV of the Social Security Act is amended by inserting after part B (hereinafter added to such title by section 240 of this Act) the following material: " P A R T C—^^VORK INCENTIVE PROGRAM FOR RECIPIENTS OF A I D UNDER STATE P L A N APPROVED UNDER PART A "PURPOSE

"SEC. 430. The purpose of this part is to require the establishment of a program utilizing all available manpower services, including those authorized under other provisions of law, under which individuals receiving aid to families with dependent children will be furnished incentives, opportunities, and necessary services in order for (1) the employment of such individuals in the regular economy, (2) the training of such individuals for work in the regular economy, and (3) the participation of such individuals in special work projects, thus restoring the families of such individuals to independence and useful roles in their communities. I t is expected that the individuals participating in the program established under this part will acquire a sense of dignity, self-worth, and confidence which will flow from being recognized as a wage-earning member of society and that the example of a working adult in these families will have beneficial effects on the children in such families. "APPROPRIATION

"SEC. 431. There is hereby authorized to be appropriated to the Secretary of Health, Education, and Welfare for each fiscal year a sum sufficient to carry out the purposes of this part. The Secretary of Health, Education, and Welfare shall transfer to the Secretary of Labor from time to time sufficient amounts, out of the moneys appropriated pursuant to this section, to enable him to carry out such purposes. "ESTABLISHMENT OF PROGRAMS

"SEC. 432. (a) The Secretary of Labor (hereinafter in this part referred to as the Secretary) shall, in accordance with the provisions of this part, establish work incentive programs (as provided for in subsection (b)) in each State and in each political subdivision of a State in which he determines there is a significant number of individuals Avho

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text:
Page:United States Statutes at Large Volume 81.djvu/919

 81

STAT.]

PUBLIC LAW 90-248-JAN. 2, 1968

885

have attained age 16 and are receiving aid to families with dependent children. In other political subdivisions, he shall use his best efforts to provide such programs either within such subdivisions or through the provision of transportation for such persons to political subdivisions of the State in which such programs are established. "(b) Such programs shall include, but shall not be limited to, (1) a program placing as many individuals as is possible in employment, and utilizing on-the-job training positions for others, (2) a program of institutional and work experience training for those individuals for whom such training is likely to lead to regular employment, and (3) a program of special work projects for individuals for whom a job in the regular economy cannot be found. "(c) I n carrying out the purposes of this part the Secretary may make grants to, or enter into agreements with, public or private agencies or organizations (including Indian tribes with respect to Indians on a reservation), except that no such grant or agreement shall be made to or with a private employer for profit or with a private nonprofit employer not organized for a public purpose for purposes of the work experience program established by clause (2) of subsection (b). " (d) Using funds appropriated under this part, the Secretary, in order to carry out the purposes of this part, shall utilize his authority 76 23. under the Manpower Development and Training Act of 1962, the Act 42 Stat. 2571 use of June 6, 1933, as amended (48 Stat. 113), and other Acts, to the note. extent such authority is not inconsistent with this Act. ^9 USC 49-49k. "(e) The Secretary shall take appropriate steps to assure that the present level of manpower services, available under the authority of other statutes to recipients of aid to families with dependent children is not reduced as a result of programs under this part. a OPERATION

or

PROGRAM

"SEC. 433. (a) The Secretary shall provide a program of testing and counseling for all persons referred to him by a State, pursuant to section 402, and shall select those persons whom he finds suitable for the programs established by clauses (1) and (2) of section 432(b). Those not so selected shall be deemed suitable for the program established by clause (3) of such section 432(b) unless the Secretary finds that there is good cause for an individual not to participate in such program. " (b) The Secretary shall develop an employability plan for each suitable person referred to him under section 402 which shall describe the education, training, work experience, and orientation which it is determined that each such person needs to complete in order to enable him to become self-supporting. "(c) The Secretary shall make maximum use of services available from other Federal and State agencies and, to the extent not otherwise available on a nonreimbursable basis, he may reimburse such agencies for services rendered to persons under this part. " (d) To the extent practicable and where necessary, work incentive programs established by this part shall include, in addition to the regular counseling, testing, and referral available through the Federal-State Employment Service System, program orientation, basic education, training in communications and employability skills, work experience, institutional training, on-the-job training, job development, and special job placement and followup services, required to assist participants in securing and retaining employment and securing possibilities for advancement. "(e)(1) I n order to develop special work projects under the program established by section 432(b)(3), the Secretary shall enter into agreements with (A) public agencies, (B) private nonprofit organizations established to serve a public purpose, and (C) Indian tribes

'^^ use 602.

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text:
Page:United States Statutes at Large Volume 81.djvu/920

 886

Post, p. 890.

42 USC 603.

PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

with respect to Indians on a reservation, under which individuals deemed suitable for participation in sncli a pro<rrani will be provided work which serves a useful public purpose and which would not otherwise be performed by regular employees. " (2) Such agreements shall provide— " (A) for the payment by the Secretary to each employer a portion of the wages to be paid by the employer to the individuals for the work performed; ''(B) the hourly wage rate and the number of hours per week such employer; "(C) that the Secretary will have such access to the premises of the employer as he finds necessary to determine whether such employer is carrying out his obligations under the agreement and this part; and "'(D) that the Secretary may terminate any agreement under this subsection at any time. "(3) The Secretary shall establish one or more accounts in each State with respect to the special work projects established and maintained pursuant to this subsection and place into such accounts the amounts paid to him by the State agency pursuant to section 402(a) (19)(E). The amounts in such accounts shall be available for the payments specified in subparagraph (A) of paragraph (2). At the end of each fiscal year and for such period of time as he may establish, rhe Secretary shall determine how much of the amounts paid to him by the State agency pursuant to section 402(a) (19)(E) were not expended as provided by the preceding sentence of this paragraph and shall return such unexpended amounts to the State, which amounts shall be regarded as overpayments for purposes of section 403(b)(2). "(4) No wage rates provided under any agreement entered into under this subsection shall be lower than the applicable minimum wage for the particular work concerned. "(f) Before entering into a project under any of the programs established by this part, the Secretary shall have reasonable assurances that— "(1) appropriate standards for the health, safety, and other conditiions applicable to the performance of work and training on such project are established and will be maintained, "(2) such project will not result in the displacement of employed workers, "(3) with respect to such project the conditions of work, training, education, and employment are reasonable in the light of such factors as the type of work, geographical region, and proficiency of the participant, "(4) appropriate workmen's compensation protection is provided to all participants. " (g) Where an individual, referred to the Secretary of Labor pursuant to section 402(a) (19)(A)(i) and (ii) refuses without good cause to accept employment or participate in a project under a program established by this part, the Secretary of Labor shall (after providing opportunity for fair hearing) notify the State agency which referred such individual and submit such other information as he may have with respect to such refusal. " (h) With respect to individuals who are participants in special work projects under the program established by section 432(b)(3), the Secretary shall periodically (but at least once every six months) review the employment record of each such individual while on such special work project and on the basis of such record and such other
 * ,», individuals will be scheduled to work on special work projects of

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Page:United States Statutes at Large Volume 81.djvu/921

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PUBLIC LAW 90-248-JAN. 2, 1968

STAT.]

887

information as he may acquire determine whether it would be feasible to place such individual in regular employment or on any of the projects under the programs established by section 432(b)(1) and (2). "INCENTIVE PAYMENT

"SEC. 434. The Secretary is authorized to pay to any participant under a program established by section 432(b)(2) an incentive payment of not more than $30 per month, payable in such amounts and at such times as the Secretary prescribes. "FEDERAL ASSISTANCE

"SEC. 436. (a) Federal assistance under this part shall not exceed 80 per centum of the costs of carrying out this part. Non-Federal contributions may be cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. " (b) Costs of carrying out this part include costs of training, supervision, materials, administration, incentive payments, transportation, and other items as are authorized by the Secretary, but may not include any reimbursement for time spent by participants in work, training, or other participation in the program; except that with respect to special work projects under the program established by section 432(b)(3), the costs of carrying out this part shall include only the costs of administration. "PERIOD or ENROLLMENT

"SEC. 436. (a) The program established by section 432(b)(2) shall be designed by the Secretary so that the average period of enrollment under all projects under such program throughout any area of the United States will not exceed one year. " (b) Services provided under this part may continue to be provided to an individual for such period as the Secretary determines (in accordance with regulations prescribed by the Secretary after consultation with the Secretary of Health, Education, and Welfare) is necessary to qualify him fully for employment even though his earnings disqualify him from aid under a State plan approved under section 402.

42 USC 602.

" "RELOCATION OF PARTICIPANTS

"SEC. 437. The Secretary may assist participants to relocate their place of residence when he determines such relocation is necessary in order to enable them to become permanently employable and self-supporting. Such assistance shall be given only to participants who concur in their relocation and who will be employed at their place of relocation at wage rates which will meet at least their full need as determined by the State to which they will be relocated. Assistance under this section shall not exceed the reasonable costs of transportation for participants, their dependents, and their household belongings plus such relocation allowance as the Secretary determines to be leasonable. "PARTICIPANTS NOT FEDERAL EMPI^YEES

"SEC. 438. Participants in projects under programs established by this part shall be deemed not to be Federal employees and shall not be subject to the provisions of laws relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits.

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Page:United States Statutes at Large Volume 81.djvu/922

 888

PUBLIC LAW 90-248-JAN. 2, 1968 "RULES

[81 STAT.

AND KEGULATIONS

"SEC. 439. The Secretary may issue such rules and regulations as he finds necessary to carry out the purposes of this part: Provided, That in developing policies for programs established by this part the Secretary shall consult with the Secretary of Health, Education, and Welfare. "ANNUAL

REPORT

"SEC. 440. The Secretary shall annually report to the Congress (with the first such report being made on or before July 1, 1970) on the work incentive programs established by this part. a EVALUATION A N D RESEARCH

"SEC. 441. The Secretary shall (jointly with the Secretary of Health, Education, and Welfare) provide for the continuing evaluation of the work incentive programs established by this part, including their effectiveness in achieving stated goals and their impact on other related programs. H e also may conduct research regarding ways to increase the effectiveness of such programs. He may, for this purpose, contract for independent evaluations of and research regarding such programs or individual projects under such programs. For purposes of sections 435 and 443, the costs of carrying out this section shall not be regarded as costs of carrying out work incentive programs established by this part. "REVIEW or SPECIAL WORK PROJECTS BY A STATE PANEL

"SEC. 442. (a) The Secretary shall make an agreement with any State which is able and willing to do so under which the Governor of the State will create oniB or more panels to review applications tentatively approved by the Secretary for the special work projects in such State to be established by the Secretary under the program established by section 432(b)(3). "(b) Each such panel shall consist of not more than five and not less than three members, appointed by the Governor. The members shall include one representative of employers and one representative of employees; the remainder shall be representatives of the general public. No special work project under such program developed by the Secretary pursuant to an agreement under section 433(e)(1) shall, in any State which has an agreement under this section, be established or maintained under such program unless such project has first been approved by a panel created pursuant to this section. a COLLECTION O F STATE SHARE

42 USC 602. 42 USC 604.

60? TiSz^u'sa 1383, 1396b. ' Post. p. 890.

"SEC. 443. If a non-Federal contribution of 20 per centum of the costs of the work incentive programs established by this part is not made in any State (as specified in section 402(a)), the Secretary of Health, Education, and Welfare may withhold any action under section 404 because of the State's failure to comply substantially with a provision required by section 402. If the Secretary of Health, Education, and Welfare does withhold such action, he shall, after reasonable notice and opportunity for hearing to the appropriate State agency or agencies, withhold any payments to be made to the State under sections 3(a), 403(a), 1003(a), 1403(a), 1603(a), and 1903(a) until the amouut SO withheld (including any amounts contributed by the State pursuant to the requirement in section 402(a) (19)(C)) equals 20 per centum of the costs of such work incentive programs. Such withholding shall remain in effect until such time as tlije Secretary has assur-

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Page:United States Statutes at Large Volume 81.djvu/923

 81

STAT.]

PUBLIC LAW 90-248-JAN. 2, 1968

ances from the State that such 20 per centum will be contributed as required by section 402. Amounts so withheld shall be deemed to have been paid to the State under such sections and shall be paid by the Secretary of Health, Education, and Welfare to the Secretary. Sucli payment shall be considered a non-Federal contribution for purposes of section 435.

889 '•s use 602.

"AGREEMENTS WITH OTHER AGENCIES PROVIDING ASSISTANCE TO FAMILIES OF UNEMPLOYED PARENTS

"SEC. 444. (a) The Secretary is authorized to enter into an agreement (in accordance with the succeeding provisions of this section) with any qualified State agency (as described in subsection (b)) under which the program established b^ the preceding sections of this part C will (except as otherwise provided in this section) be applicable to individuals referred by such State agency in the same manner, to the same extent, and under the same conditions as such program is applicable with respect to individuals referred to the Secretary by a State agency administering or supervising the administration of a State plan approved by the Secretary of Health, Education, and Welfare under part A of this title. " (b) A qualified State agency referred to in subsection (a) is a State agency which is charged with the administration of a program— "(1) the purpose of which is to provide aid or assistance to the families of unemployed parents, "(2) which is not established pursuant to part A of title IV of the Social Security Act, "(3) which is financed entirely from funds appropriated by the Congress, and " (4) none of the financing of which is made available under any program established pursuant to title V of the Economic Opportunity Act. "(c)(1) Any agreement under this section with a qualified State agency shall provide that such agency will, with respect to all individuals receiving aid or assistance under the program of aid or assistance to families of unemployed parents administered by such agency, comply with the requirements imposed by section 402(a) (15) and section 402(a) (19)(F) in the same manner and to the same extent as if (A) such qualified agency were the agency in such State administering or supervising the administration of a State plan approved under part A of this title, and (B) individuals receiving aid or assistance under the program administered by such qualified agency were recipients of aid under a State plan which is so approved. "(2) Any agreement entered into under this section shall remain in effect for such period as may be specified in the agreement by the Secretary and the qualified State agency, except that, whenever the Secretary determines, after reasonable notice and opportunity for hearing to the qualified State agency, that such agency has failed substantially to comply with its obligations under such agreement, the Secretary may suspend operation of the agreement until such time as he is satisfied that the State agency will no longer fail substantially to comply with its obligations under such agreement. "(3) Any such agreement shall further provide that the agreement will be inoperative for any calendar quarter if, for the preceding calendar quarter, the maximum amount of benefits payable under the program of aid or assistance to families of unemployed parents administered by the qualified State agency which is a party to such agreement is lower than the maximum amount of benefits payable under such program for the quarter which ended September 30, 1967.

Post, p. 911.

Ante, p. 87s. Post, p. 89o.

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 890

PUBLIC LAW 90-248-JAN. 2, 1968

Ante. p. 885.

Ante. p. 878. Ante.

p. 877.

Ante,

p. 884.

Ante,

p. 887.

Ante, p. 881.

[81 STAT.

" (d) The Secretary shall, at the request of any qualified State agency referred to in subsection (a) of this section and upon receipt from it of a list of the names of individuals rereferred to the Secretary, furnish to such agency the names of each individual on such list participating in a special work project under section 433(a)(3) whom the Secretary determines should continue to participate in such project. The Secretary shall not comply with any such request with respect to an individual on such list unless such individual has been referred ^^ ^^^ Secretary by such agency under such section 402(a) (15) for a period of at least six months." (b) Section 402(a) of such Act is amended by adding at the end thereof before the period the following: "; (19) provide— " (A) for the prompt referral to the Secretary of Labor or his representative for participation under a work incentive program established by part C of— " (i) each appropriate child and relative who has attained age sixteen and is receiving aid to families with dependent children, (ii) each appropriate individual (living in the same home as a relative and child receiving such aid) who has attained such age and whose needs are taken into account in making the determination under section 402 (a)(T),and "(iii) any other person claiming aid under the plan (not included in clauses (i) and ( i i)), who, after being informed of the work incentive programs established by part C, requests such referral unless the State agency determines that participation in any of such programs would be inimical to the welfare of such person or the family; except that the State agency shall not so refer a child, relative, or individual under clauses (i) and (ii) if such child, relative, or individual is— "(iv) a person with illness, incapacity, or advanced " (v) so remote from any of the projects under the work incentive programs established by part C that he cannot effectively participate under any of such programs, " (vi) a child attending school full time, or "(vii) a person whose presence in the home on a substantially continuous basis is required because of the illness or incapacity of another member of the household; " (B) that aid under the plan will not be denied by reason of such referral or by reason of an individual's participation on a project under the program established by section 432(b)(2) or (3); " (C) for arrangements to assure that there will be made a non-Federal contribution to the work incentive programs established by part C by appropriate agencies of the State or private organizations of 20 per centum of the cost of such programs, as specified in section 435(b); " (D) that (i) training incentives authorized under section 434, and income derived from a special work project under the program established by section 432(b)(3) shall be disregarded in determining the needs of an individual under section 402(a)(7), and (ii) in determining such individual's needs the additional expenses attributable to his participa-

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 81 STAT.]

PUBLIC LAW 90-248-JAN. 2, 1968

891

tion in a program established by section 432(b)(2) or (3) shall be taken into account; " (E) that, with respect to any individual referred pursuant to subparagraph (A) who is participating in a special work project under the program established by section 4 3 2 (b)(3), (i) the State agency, after proper notification ^"'^' P-«84. by the Secretary of Labor, will pay to such Secretary (at such times and in such manner as the Secretary of Health, Education, and Welfare prescribes) the money payments such State would otherwise make to or on behalf of such individual (including such money payments with respect to such individual's family), or 80 per centum of such individual's earnings under such program, whichever is lesser and (ii) the State agency will supplement any earnings received by such individual by payments to such individual (which payments shall be considered aid under the plan) to the extent that such payments when added to the individual's earnings from his participation in such special work project will be equal to the amount of the aid that would have been payable by the State agency with respect to such individual's family had he not participated in such special work project, plus 20 per centum of such individual's earnings from such special work project; and " (F) that if and for so long as any child, relative, or individual (referred to the Secretary of Labor pursuant to subparagraph (A)(i) and (ii) and section 407(b)(2)) has been Ante, p. 882. found by the Secretary of Labor under section 433(g) to have refused without good cause to participate under a work incentive program established by part C with respect to which the Secretary of Labor has determined his participation is consistent with the purposes of such part C, or to have refused without good cause to accept employment in which he is able to engage which is offered through the public employment offices of the State, or is otherwise offered by an employer if the offer of such employer is determined, after notification by him, to be a bona fide offer of employment— " (i) if the relative makes such refusal, such relative's needs shall not be taken into account in making the determination under clause (7), and aid for any dependent child in the family in the form of payments of the type described in section 406(b)(2) (which in such a case shall be without regard to clauses (A) through (E) thereof) or section 408 will be made; '^^ use eos. "(ii) aid with respect to a dependent child will be denied if a child who is the only child receiving aid in the family makes such refusal; "(iii) if there is more than one child receiving aid in the family, aid for any such child will be denied (and his needs will not be taken into account in making the determination under clause (7)) if that child makes such refusal; and "(iv) if such individual makes such refusal, such individual's needs shall not be taken into account in making the determination under clause (7); except that the State agency shall, for a period of sixty days, make payments of the type described in section 406(b)(2) "^^ use eoe. (without regard to clauses (A) through (E) thereof) on behalf of the relative specified in clause (i), or continue aid in the case of a child specified in clause (ii) or (iii), or take

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Page:United States Statutes at Large Volume 81.djvu/926

 892

PUBLIC LAW 90-248-JAN. 2, 1968

42 USC 609.

Ante, p. 885.

Ante. p. 890. Ante.

p. 8 8 1.

the individual's needs into account in the case of an individual specified in clause (iv), but only if during such period such child, relative, or individual accepts counseling or other services (which the State agency shall make available to such child, relative, or individual) aimed at persuading such relative, child, or individual, as the case may be, to participate in such program in accordance with the determination of the Secretary of Labor". (c)(1) The amendment made by subsection (b) shall in the case of any State be effective on July 1, 1968, or if a statute of such State prevents it from complying with the requirements of such amendment on such date, such amendment shall with respect to such State be effective on July 1, 1969; except such amendment shall be effective earlier (in the case of any State), but not before April 1, 1968, if a modification of the State plan to comply with such amendment is approved on an earlier date. (2) The provisions of section 409 of the Social Security Act shall not apply to any State with respect to any quarter beginning after June 30, 1968. (d) During the fiscal year ending June 30, 1969, the Secretary of Labor may, notwithstanding the provisions of section 433(e)(2)(A) ^f j-j^^ Social Security Act, pay all of the wages to be paid by the employer to the individuals for work performed for public agencies (including Indian tribes with respect to Indians on a reservation) under special work projects established under the program established by section 432(b)(3) of such Act and may transfer into accounts established pursuant to section 433(e)(3) of such Act such amounts as he finds necessary in addition to amounts paid into such accounts pursuant to section 402(a) (19)(E) of such Act. (e) Section 402(a)(8) of the Social Security Act (as amended by section 202(b) of this Act) is further amended by striking out "; and" at the end of subparagraph (A) and inserting in lieu thereof: "(except that the provisions of this clause (ii) shall not apply to earned income derived from participation on a project maintained under the programs established by section 432(b)(2) and (3)); and". FEDERAL

Ante. p. 890. 42 USC 608. 42 USC 603.

[81 STAT.

PARTICIPATION

I N P A Y M E N T S FOR FOSTER DEPENDENT CHILDREN

CARE

OF

CERTAIN

SEC. 205. (a) Section 402(a) of the Social Security Act (as amended \)j f}^Q preceding provisions of this Act) is amended by inserting before the period at the end thereof the following new clause: "; (20) effective July 1, 1969, provide for aid to families with dependent children in the form of foster care in accordance with section 408". (b) Section 403(a)(1)(B) of such Act is amended by striking out "as exceeds" and all that follows and inserting in lieu thereof the following: "as exceeds (i) the product of $32 multiplied by the total number of recipients of aid to families with dependent children (other than such aid in the form of foster care) for such month, plus (ii) the product of $100 multiplied by the total number of recipients of aid to families with dependent children in the form of foster care for such month; and". (c) Section 408(a) of such Act is amended by inserting " (A) " after "and (4) who", and by inserting before the semicolon at the end thereof the following: ", or (B)(i) would have received such aid in or for such month if application had been made therefor, or (ii) in the case of a child who had been living with a relative specified in section 406(a) within 6 months prior to the month in which such proceedings were initiated, would have received such aid in or for such month if

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 81 STAT.]

PUBLIC LAW 90-245-JAN. 2, 1968

in such month he had been living with (and removed from the home of) such a relative and application had been made therefor". (d) Sections 135(e) and 155 (b) of the Public Welfare Amendments of 1962 are each amended by striking out ", and ending with the close of June 30, 1968". (e) The amendments made by subsections (b) and (c) shall apply only with respect to foster care provided after December 1967.

893

Ante,

p. 94.

E M E R G E N C Y ASSISTANCE FOR CERTAIN NEEDY F A M I L I E S W I T H C H I L D R E N

SEC. 206. (a) Section 403(a) of the Social Security Act (as amended by section 201(e) of this Act) is amended by striking out the Ante, p. 880. period at the end of paragraph (4) and inserting in lieu thereof "; and", and by inserting after paragraph (4) the following new paragraph: "(5) in the case of any State, an amount equal to the sum of— " (A) 50 per centum of the total amount expended under the State plan during such quarter as emergency assistance to needy families with children in the form of payments or care specified in paragraph (1) of section 406(e), and " (B) 75 per centum of the total amount expended under the State plan during such quarter as emergency assistance to needy families with children in the form of services specified in paragraph (1) of section 40'6(e)." (b) Section 406 of such Act (as amended by section 201(f) of this Act) is amended by adding at the end thereof the following new Ante, p. 880. subsection: " (e)(1) The term 'emergency assistance to needy families with s i s'Emergency a s t a n c e to needy children' means any of the following, furnished for a period not in families with excess of 30 days in any 12-month period, in the case of a needy child children." under the age of 21 who is (or, within such period as may be specified by the Secretary, has been) living with any of the relatives specified in subsection (a)(1) in a place of residence maintained by one or more of such relatives as his or their own home, but only where such child is without available resources, the payments, care, or services involved are necessary to avoid destitution of such child or to provide living arrangements in a home for such child, and such destitution or need for living arrangements did not arise because such child or relative refused without good cause to accept employment or training for employment— " (A) money payments, payments in kind, or such other payments as the State agency may specify with respect to, or medical care or any other type of remedial care recognized under State law on behalf of, such child or any other member of the household in which he is living, and " (B) such services as may be specified by the Secretary; but only with respect to a State whose State plan approved under 42 USC 602. section 402 includes provision for such assistance. "(2) Emergency assistance as authorized under paragraph (1) may be provided under the conditions specified in such paragraph to migrant workers with families in the State or in such part or parts thereof as the State shall designate." PROTECTIVE P A Y M E N T S A N D VENDOR P A Y M E N T S W I T H RESPECT TO DEPENDENT CHILDREN

S E C 207. (a)(1) Section 406(b)(2) of the Social Security Act is amended by striking out all that follows " (2) " and precedes "but only", and inserting in lieu thereof the following: "payments with respect to any dependent child (including payments to meet the needs of

H 1^6 eS!'.

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Page:United States Statutes at Large Volume 81.djvu/928

 894

Ante,

PUBLIC LAW 90-248-JAN. 2, 1968

p. 881.

42 us^c 6?6" Ante, p. 893.

Ante, p. 890. Ante. p. 94.

[81 STAT.

the relath^e, and the reh\tive's spouse, with whom such child is livin*!, and the needs of any other individual living in the same liome if such needs are taken into account in making the determination under section 402(a)(7)) which do not meet the preceding requirements of this subsection, but which would meet such requirements except that such payments are made to another individual who (as deteimined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such child or relative, or are made on behalf of such child or relative directly to a person furnishing food, living accommodations, or other goods, services, or items to or for such child, relative, or other individual,". ^^^ Section 406(b)(2) of such Act is further amended by striking out clause (B), and redesignating clauses (C) through (F) as clauses (B) through (E),respectively. Q^^ Section 408(a) of such Act (as amended by the preceding provisions of this Act) is amended by— (1) striking out "5"" in the sentence immediately following paragraph (5) and inserting in lieu thereof "10*'; (2) adding at the end thereof the following new sentence "In computing such 10 percent, there shall not be taken into account individuals with respect to whom such payments are made for ^j^j month lu accordance with section 402(a) (19)(F). ' ' ((.) Section 202(e) of the Public Welfare Amendments of 1962 is amended by striking out ", and ending with the close of June 30, 1968". L I M I T A T I O N ON N t MBKR OF C H I L D R E N W I T H RESPECT TO W H O M FEDERAL P A Y M E N T S M A Y BE MADE

SEC. 208. (a) Section 403(a) of the Social Security Act is amended by striking out "shall pay" in the matter preceding paragraph (1) and inserting in lieu thereof the following: "shall (subject to subsection (d)) pay'". (b) Section 403 of such Act is further amended by adding at the end thereof the following new subsection: " (d) Notwithstanding any other provision of this Act, the average monthly number of dependent children under the age of 18 who have been deprived of parental support or care by reason of the continued absence from the home of a parent with respect to whom payments under this section may be made to a State for any calendar quarter after June 30, 1968, shall not exceed the number which bears the same ratio to the total population of such State under the age of 18 on the first day of the year m which such quarter falls as the average monthly number of such dependent children under the age of 18 with respect to whom payments under this section were made to such State for the calendar quarter beginning January 1, 1968, bore to the total population of such State under the age of 18 on that date." FEDERAL PARTICIPATION I N P A Y M E N T S FOR REPAIRS TO H O M E OW^NED KY R E C I P I ENT OF AID OR ASSISTANCE

79^staS.^42^3'!^' 42 USC 1301 -

SEC. 209. (a) Title X I of the Social Security Act is amended by adding at the end thereof the following new section:

1318. " FEDERAL PARTICIPATION I N P A Y M E N T S FOR REPAIRS TO H O M E OWNED BY R E C I P I E N T OP AID OR ASSISTANCE

"SEC. 1119. I n the case of an expenditure for repairing the home owned by an individual who is receiving aid or assistance, other than medical assistance to the aged, under a State plan approved under uo'iTs f ° 1381. title I, X, X IV, or X VI, or part A of title IV if— 601.'

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STAT.]

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895

"(1) the State agency or local agency administering the plan approved under such title has made a finding (prior to making such expenditure) that (A) such home is so defective that continued occupancy is uuwarranted, (B) unless repairs are made to such home, rental quarters will be necessary for such individual, and (C) the cost of rental quarters to take care of the needs of such individual (including his spouse living with him in such home and any other individual whose needs were taken into account in determining the need of such individual) would exceed (over such time as the Secretary may specify) the cost of repairs needed to make such home habitable together with other costs attributable to continued occupancy of such home, and "(2) no such expenditures were made for repairing such home pursuant to any prior finding under this section, the amount paid to any such State for any quarter under section 42 3 (a), 403(a), 1003(a), 1403(a), or 1603(a) shall be increased by 50 603, u s e 303, _ 1203, 1353, per centum of such expenditures, except that the excess above $500 i383 expended with respect to any one home shall not be included in determining such expenditures." (b) The amendment made by subsection (a) shall apply with respect to expenditures made after December 31, 1967. U S E OF SUBPROFESSIONAL S T A F F A N D VOLUNTEERS I N PROVIDING SERVICES TO I N D IV I D U A L S A P P L Y I N G FOR A N D RECEIVING ASSISTANCE

SEC. 210. (a)(1) Section 2(a)(5) of the Social Security Act is amended by— (A) striking out "provide" and inserting in lieu thereof "provide (A) "; and (B) adding at the end thereof before the semicolon the following: ", and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or parttime employment of recipients and other 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 to applicants and recipients and in assisting any advisory committees established by the State agency". (2) Section 402(a)(5) of such Act is amended by— (A) striking out "provide" and inserting in lieu thereof "provide (A) "; and (B) adding at the end thereof before the semicolon the following: ", and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or parttime employment of recipients and other persons of low income, as community services 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 to applicants and recipients and in assisting any advisory committees established by the State agency". (3) Section 1002(a)(5) of such Act is amended by— (A) striking out "provide" and inserting in lieu thereof "provide (A) "; and (B) adding at the end thereof before the semicolon the following: ", and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of lowmcome, 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 to appli85-622 0-68—59

74 Stat. 988. 42 USC 302.

53 ^^^^-^^^J^-

^3 sta^ ^135,7.

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PUBLIC LAW 90-248-JAN. 2, 1968

[81 STAT.

cants and recipients and in assisting any advisory committees established by the State agency'". 42 us^c f352 (^) Section 1402(a)(5) of such Act is amended by— (A) striking out "provide" and inserting in lieu thereof "provide (A) "; and (B) adding at the end thereof before the semicolon the following: ", and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other 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 to applicants and recipients and in assisting any advisory committees established by the State agency". l\ use 1112. (•^) Section 1602(a)(5) of such Act is amended by— (A) striking out "provide" and inserting in lieu thereof "proAdde (A) "; and (B) adding at the end thereof before the semicolon the following: ", and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or parttime employment of recipients and other 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 to applicants and recipients and in assisting any advisory committees established by the State agency". 79 Stat. 344. (6) Section 1902(a)(4) of such Act is amended b^/^— 42 USC 1396a. (A) striking out "provide" and inserting in lieu thereof "provide (A) "; and (B) adding at the end thereof before the semicolon the following: ", and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or parttime employment of recipients and other 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 to applicants and recipients and in assisting any advisory committees established by the State agency". (b) Each of the amendments made by subsection (a) shall become effective July 1, 1969, or, if earlier (with respect to a State's plan i2o'i f35f°lk8i ''^PProv^^ under ^itle I, X, X IV, X VI, or X IX, or part A of title IV) 1396! 601.' ' on the date as of which the modification of the State plan to comply with such amendment is approved. LOCATION OF CERTAIN P A R E N T S W H O DESERT OR ABANDON CHILDREN

Ante,

p. 892.

DEPENDENT

SEC. 211. (a) Effective January 1, 1969, section 402(a) of the Social Security Act (as amended by the preceding sections of this Act) is further amended by inserting before the period at the end thereof the following new clauses:; (21) provide that the State agency will report to the Secretary, at such times (not less often than once each calendar quarter) and in such manner as the Secretary may prescribe— " (A) the name, and social security account number, if known, of each parent of a dependent child or children with respect to whom aid is being provided under the State plan— "(i) against whom an order for the support and maintenance of such child or children has been issued by a court of competent jurisdiction but who is not making payments in

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compliance or partial compliance with such order, or against whom a petition for such an order has been filed in a court having jurisdiction to receive such petition, and "(ii) whom it has been unable to locate after requesting and utilizing information included in the files of the Department of Health, Education, and Welfare maintained pursuant to section 205, ^ Af!^^'^'^^^' " (B) the last known address of such parent and any informa- 42 USC 405. tion it has with respect to the date on which such parent could last be located at such address, and " (C) such other information as the Secretary may specify to assist in carrying out the provisions of section 410; ^"f™. (22) provide that the State agency will, in accordance with standards prescribed by the Secretary, cooperate with the State agency administering or supervising the administration of the plan of another State under this part— " (A) in locating a parent residing in such State (whether or not permanently) against whom a petition has been filed in a court of competent jurisdiction of such other State for the support and maintenance of a child or children of such parent with respect to whom aid is being provided under the plan of such other State, and " (B) in securing compliance or good faith partial compliance by a parent residing in such State (whether or not permanently) with an order issued by a court of competent jurisdiction against such parent for the support and maintenance of a child or childi'en of such parent with respect to whom aid is being provided under the plan of such other State", (b) Title IV of such Act is amended by adding after section 409 the 42 USC 601-609. following new section: " A S S I S T A N C E BY I N T E R N A L R E V E N U E SERVICE I N LOCATING P A R E N T S

"SEC. 410. (a) Upon receiving a report from a State agency made pursuant to section 402(a) (21), the Secretary shall furnish to the Secretary of the Treasury or his delegate the names and social security account numbers of the parents contained in such report, and the name of the State agency which submitted such report. The Secretary of the Treasury or his delegate shall endeavor to ascertain the address of each such parent from the master files of the Internal Revenue Service, and shall furnish any address so ascertained to the State agency which submitted such report. " (b) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of subsection (a). The Secretary shall transfer to the Secretary of the Treasury from time to time sufficient amounts out of the monies appropriated pursuant to this subsection to enable him to perform his functions under subsection (a). "

^"'e, p. 896.

PROVISION o r SERVICES BY OTHERS T H A N A STATE

SEC. 212. (a) So much of section 3(a)(4) of the Social Security 76 Stat. 173. Act as follows subparagraph (C) and precedes subparagraph (D) 42 USC 303. is amended by inserting after "shall" the following: ", except to the extent specified by the Secretary,". (b) So much of section 1003(a)(3) of such Act as follows sub- ^2 USC 1203 paragraph (C) and precedes subparagraph (D) is amended by inserting after "shall" the following: ", except to the extent specified by the Secretary,". (c) So much of section 1403(a)(3) of such Act as follows sub- ^2 USC 1353 paragraph (C) and precedes subparagraph (D) is amended by insert-

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76 Stat. 200. 42 USC 1383.

[81 STAT.

ing after "shall" the following: ", except to the extent specified by the Secretary,". (d) So much of section 1603(a)(4) of such Act as follows subparagraph (C) and precedes subparagraph (D) is amended by inserting after "shall" the following: ", except to the extent specified by the Secretary,". (e) The amendments made by the preceding subsections of this section shall take effect January 1, 1968. AUTHORITY TO DISREGARD ADDITIONAL I N C O M E OF R E C I P I E N T S OF P U B L I C ASSISTANCE

79 Stat. 4 1 8. 42 USC 302.

42 USC 1202. 42 USC 1352. 79 Stat. 418. 42 USC 1382.

Ante, p. 896.

SEC. 213. (a)(1) Section 2(a) (10)(A)(i) of the Social Security Act is amended by striking out "not more than $5" and inserting in lieu thereof "not more than $7.50". (2) Section 1002(a)(8)(C) of such Act is amended by striking out "not more than $5" and inserting in lieu thereof "not more than $7.50". (3) Section 1402(a)(8)(A) of such Act is amended by striking out "not more than $5" and inserting in lieu thereof "not more than $7.50". (4) Section 1604(a) (14)(D) of such Act is amended by striking out "not more than $5" and inserting in lieu thereof "not more than $7.50". ^j^^ Section 402(a) of such Act is amended by inserting before the period at the end thereof the following: "; and (23) provide that by July 1, 1969, the amounts used by the State to determine the needs of individuals will have been adjusted to reflect fully changes in living costs since such amounts were established, and any maximums that the State imposes on the amount of aid paid to families will have been proportionately adjusted". PART 2—MEDICAL ASSISTANCE AMENDMENTS LIMITATION ON FEDERAL PARTICIPATION I N MEDICAL ASSISTANCE

II usi;'?396b

Post,

p. 9 1 1.

SEC. 220. (a) Section 1903 of the Social Security Act is amended by adding at the end thereof the following new subsection: "(f)(1)(A) Except as provided in paragraph (4), payment under the preceding provisions of this section shall not be made with respect to any amount expended as medical assistance in a calendar quarter, in any State, for any member of a family the annual income of which exceeds the applicable income limitation determined under this paragraph. " (B)(i) Except as provided in clause (ii) of this subparagraph, the applicable income limitation with respect to any family is the amount determined, in accordance with standards prescribed by the Secretary, to be equivalent to 133l^ percent of the highest amount which would ordinarily be paid to a family of the same size without any income or resources, in the form of money payments, under the plan of the State a pproved under part A of title IV of this Act. "(ii) If the Secretary finds that the operation of a uniform maximum limits payments to families of more than one size, he may adjust the amount otherwise determined under clause (i) to take account of families of different sizes. " (C) The total amount of any applicable income limitation determined under subparagraph (B) shall, if it is not a multiple of $100 or such other amount as the Secretary may prescribe, be rounded to the next higher multiple of $100 or such other amount, as the case may be. "(2) I n computing a family's income for purposes of paragraph (1), there shall be excluded any costs (whether in the form of insurance

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premiums or otherwise) incurred by such family for medical care or for any other type of remedial care recognized under State law. "(3) For purposes of paragraph (1)(B), in the case of a family consisting of only one individual, the 'highest amount which would ordinarily be paid' to such family under the State's plan approved under part A of title IV of this Act shall be the amount determined by Post, p. 9 11. the State agency (on the basis of reasonable relationship to the amounts payable under such plan to families consisting of two or more persons) to be the amount of the aid which would ordinarily be payable under such plan to a family (without any income or resources) consisting of one person if such plan (without regard to section 408) "^^ ^^^ ^°^provided for aid to such a family. "(4) The limitations on payment imposed by the preceding provisions of this subsection shall not apply with respect to any amount expended by a State as medical assistance for any individual who, at the time of the provision of the medical assistance giving rise to such expenditure— " (A) is a recipient of aid or assistance under a plan of such State which is approved under title I, X, X IV, or X VI, or part A, „^2 USC 301, i»i-ji-rxT

 * 201, 1 3 5 1,.[ 38 1.

01 title IV, or " (B) is not a recipient of aid or assistance under such a plan but (i) is eligible to receive such aid or assistance, or (ii) would be eligible to receive such aid or assistance if he were not in a medical institution." (b)(1) I n the case of any State whose plan under title X IX of the Social Security Act is approved by the Secretary of Health, Education, ^^2^ "sc ^S'^^J and Welfare under section 1902 after July 25, 1967, the amendment made by subsection (a) shall apply with respect to calendar quarters beginning after the date of enactment of this Act. (2) I n the case of any State whose plan under title X IX of the Social Security Act was approved by the Secretary of Health, Education, and Welfare under section 1902 of the Social Security Act prior to July 26, 1967, the amendments made by subsection (a) shall apply with respect to calendar quarters beginning after June 80, 1968, except that.— (A) with respect to the third and fourth calendar quarters of 1968, such subsection shall be applied by substituting in subsection (f) of section 1903 of the Social Security Act 150 percent for ^"^^' P- S'^S1331/^ percent each time such latter figure appears in such subsection (f), and (B) with respect to all calendar quarters during 1969, such subsection shall be applied by substituting in subsection (f) of section 1903 of such Act 140 percent for 1331/^ percent each time such latter figure appears in such subsection (f). M A I N T E N A N C E OF STATE EFFORT

SEC. 221. (a) Section 1117(a) of the Social Security Act is amended H l'^^^ ^^fby adding at the end thereof the following new sentence: " For any fiscal year ending on or after June 30, 1967, and before July 1, 1968, in lieu of the substitution provided by paragraph (3) or (4), at the option of the State (i) paragraphs (1) and (2) of this subsection shall be applied on a fiscal year oasis (rather than on a quarterly basis), and (li) the base period fiscal year shall be either the fiscal year ending June 30, 1965, or the fiscal year ending June 30, 1964 (whichever is chosen by the State). (b) Section 1117 of such Act is further amended by adding at the end thereof the following new subsection: " (d)(1) I n the case of the c[uarters in any fiscal year ending before July 1, 1968, the reduction (if any) under this section shall, at the

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option of the State, be determined under paragraph (2), (3), or (4) of this subsection instead of under the preceding provisions of this section, "(2) If the reduction determination is made under this paragraph for a otate, then— " (A) subsection (a) shall be applied by taking into account only money payments under plans of the State approved under 120^1 "iTs f las 1 Post, p. 911. " ( ^) subsection (b) shall be applied by eliminating each ref42 USC 1396. erence to title X IX, and 90^?^'' ^^* ^°^' " (C) subsection (c) shall be applied by eliminating the reference to section 1903, and by substituting a reference to this paragraph for the reference to subsections (a) and (b). "(3) If the reduction determination is made under this paragraph for a State, then— " (A) subsection (a) shall be applied by taking into account 72 Stat. 1053. payments under section 523 and section 422, p^os't, pp.'^i'u, " (B) subsection (b) shall be applied by adding a reference to 9 15. section 523 aaid section 422 after each reference to title X IX, and " (C) subsection (c) shall be applied by adding a reference to section 523 and section 422 after the reference to section 1903, and by substituting a reference to this paragraph for the reference to subsections (a) and (b). "(4) If the reduction determination is made under this paragraph for a State, then— " (A) subsection (a) shall be applied by taking into account only (i) money payments under plans of the State approved under titles I, X, X IV, and X VI, and part A of title IV, and (ii) payments under section 523 and section 422, " (B) subsection (b) shall be applied by eliminating each reference to title X IX and substituting a reference to section 523 and section 422, and " (C) subsection (c) shall be applied by eliminating the reference to section 1903 and substituting a reference to section 523 and section 422, and by substituting a reference to this paragraph for the reference to subsections (a) and (b). " 79 Stat. 420. (c) Section 1117(a) of such Act is further amended by striking 42 USC 1317. out "December 31, 1965" and inserting in lieu thereof "June 30, 1966" (d) Effective July 1, 1968, section 1117 of the Social Security Act is repealed. COORDINATION OF TITLE XIX A N D THE S U P P L E M E N T A R Y INSURANCE PROGRAM
 * ^^?^® •^' -^' -^-'-^•' ^^^^ -^^^^^ ^^^ P^^^ A o^ ^i^^^ ^A"'.

MEDICAL,

soltll.^^ios!^' ^?^- 2^^- (^) Section 1843 of the Social Security Act is amended by 42 USC 1395V. adding at the end thereof the following new subsection: " (h)(1) The Secretary shall, at the request of a State made before January 1, 1970, enter into a modification of an agreement entered into with such State pursuant to subsection (a) under which the coverage group described in subsection (b) and specified in such agreement is broadened to include individuals who are eligible to receive medical assistance under the plan of such State approved under title X IX. "(2) For purposes of this section, an individual shall be treated as eligible to receive medical assistance under the plan of the State approved under title X IX if, for the month in which the modification is entered into under this subsection or for any month thereafter, he has been determined to be eligible to receive medical assistance under such plan. I n the case of any individual who would (but for this subsection) be excluded from the agreement, subsections (c) and (d)(2) shall be applied as if they referred to the modification under

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PUBLIC LAW 90-248-JAN. 2, 1968

STAT.]

901

this subsection (in lieu of the agreement under subsection (a)), and subsection (d)(2)(C) shall be applied by substituting 'second month following the first month' for 'first month'." 79 Stat. (b)(1) Section 1843(d)(3)(A) of such Act is amended by striking 42 USC 312. 1395V. out "ineligible for money payments of a kind specified in the agreement" and inserting in lieu thereof the following: "ineligible both for money payments of a kind specified in the agreement and (if there is in effect a modification entered into under subsection (h)) for medical assistance". (2) Section 1843(f) of such Act is amended— (A) by inserting after "or part A of title IV, " (as added by section 241(e)(2) of this Act) the following: "or eligible to ^osf, p. 917. receive medical assistance under the plan of such State approved under title X IX, "; and (B) by inserting after ", and part A of title IV " (as added by section 241(e)(2) of this Act) the following: ", and individuals eligible to receive medical assistance under the plan of the State approved under title X IX ". (3) Section 1843(g)(1) of such Act is amended by striking out so Stat. 105. "1968" and inserting in lieu thereof "1970". (4) The heading of section 1843 of such Act is amended by adding ^9 Stat. 312. at the end thereof the following: " ( O R ARE ELIGIBLE FOR MEDICAL ASSISTANCE)".

(c) Section 1903(b) of such Act is amended by inserting " (1) " after ^^ Stat. 349. " (b) ", and by adding at the end thereof the following new paragraph: "(2) Notwithstanding the preceding provisions of this section, the amount determined under subsection (a)(1) for any State for any quarter beginning after December 31, 1967, shall not take into account any amounts expended as medical assistance with respect to individuals aged 65 or over which would not have been so expended if the individuals involved had been enrolled in the insurance program established by part B of title X VIII. " 1395 w.^"" ^'^'^' (d) Effective with respect to calendar quarters beginning after December 31, 1967, section 1903(a)(1) of such Act is amended by striking out "and other insurance premiums" and inserting in lieu thereof "and, except in the case of individuals sixty-five years of age or older who are not enrolled under part B of title X VIII, other insurance premiums". (e)(1) Section 1843(a) of such Act is amended by striking out "1968" and inserting in lieu thereof "1970". (2) Section 1843(c) of such Act is amended— (A) by striking out "and before January 1, 1968"; and (B) hj striking out "thereafter before January 1968"; and inserting in lieu thereof "thereafter". (3) Section 1843(d)(2)(D) of such Act is amended by striking out "(not later than January 1, 1968)". M O D I F I C A T I O N OF COMPARABILITY

PROVISIONS

SEC. 223. (a) Section 1902(a) (10) of the Social Security Act is amended— (1) by inserting " (I) " after "except that" in the matter following subparagraph (B), and (2) by inserting before the semicolon at the end the following: ", and ( II) the making available of supplementary medical insurance benefits under part B of title X VIII to individuals eligible therefor (either pursuant to an agreement entered into under section 1843 or by reason of the payment of premiums under such title by the State agency on behalf of such individuals), or provision for meeting part or all of the cost of the deductibles, cost

79 s t a t. 345. 42 USC 1396 a.

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sharing, or similar charges under part B of title X VIII for individuals eligible for benefits under such part, shall not, by reason of this paragraph (10), require the making available of any such benefits, or the making available of services of the same amount, duration, and scope, to any other individuals", (b) The amendments made by subsection (a) shall apply with respect to calendar quarters beginning after June 30, 1967. REQUIRED SERVICES U N D E R STATE M E D I C A L ASSISTANCE

PLAN

79 USC 1396a. 42 Stat. 345.

Sir g^c. 224. (a) Section 1902(a) (13) of the Social Security Act is amended to read as follows; "(13) provide— " (A) for inclusion of some institutional and some noninstitutional care and services, and " (B) in the case of individuals receiving aid or assistance under the State's plan approved under title I, X, X IV, or 120^1 "f3^i^° 1381; X VI, or part A of title IV, for the inclusion of at least the Post', p. 911. ' care and services listed in clauses (1) through (5) of section 42 USC i396d. 1905(a), and " (C) in the case of individuals not included under subparagraph (B) for the inclusion of at least— (i) the care and services listed in clauses (1) through (5) of section 1905(a) or (ii)(I) the care and services listed in any 7 of the ' clauses numbered (1) through (14) of such section and ( II) in the event the care and services provided linder the State plan include hospital or skilled nursing home services, physicians' services to an individual in a hospital or skilled nursing home during any period he is receiving hospital services from such hospital or skilled nursing home services from such home, and " (D) for payment of the reasonable cost (as determined in accordance with standards approved by the Secretary and included in the plan) of inpatient hospital services provided under the plan;". (b) The amendment made by subsection (a) shall apply with respect to calendar quarters beginning after December 31, 1967. (c)(1) Section 1902(a) (13)(A) of the Social Security Act (as amended by subsection (a) of this section) is further amended to read as follows: " (A)(i) for the inclusion of some institutional and some non-institutional care and services, and "(ii) for the inclusion of home health services for any individual who, under the State plan, is entitled to skilled nursing home services, and". (2) The amendment made by paragraph (1) of this subsection shall apply with respect to calendar quarters beginning after June 30, 1970. E X T E N To r FEDERAL E I N A N G I A L PARTICIPATION I N ADMINISTRATIVE EXPENSES

42 USC 1396b.

CERTAIN

gj;^. 225. (a) Section 1903(a)(2) of the Social Security Act is amended by striking out "of the State agency (or of the local agency administering the State plan in the political subdivision)" and inserting in lieu thereof "of the State agency or any other public agency". (b) The amendment made by subsection (a) shall apply with respect to expenditures made after December 31, 1967.

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ADVISORY C O U N C I L O N MEDICAL ASSISTANCE

SEC. 226. Title X IX of the Social Securitj Act is amended by H l'^^ 34^3. adding at the end thereof the following new section: 1396 d. ^ a ADVISORY C O U N C I L ON MEDICAL ASSISTANCE

"SEC. 1906. For the purpose of advising the Secretary on matters of general policy in the administration of this title (including the relationship of this title and title X VIII) and making recommendations 1395^"^^ ^''^^' for improvements in such administration, there is hereby created a Medical Assistance Advisory Council which shall consist of twenty-one ersons, not otherwise in the employ of the United States, appointed y the Secretary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The Tx^ic^soret Secretary shall from time to time appoint one of the members to serve seq. as Chairman, The members shall include representatives of State and Membership. local agencies and nongovernmental organizations and groups concerned with health, and of consumers of health services, and a majority of the membership of the Advisory Council shall consist of representatives of consumers of health services. Each member shall ^ ^ ^ °^ officehold office for a term of four years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and except that the terms of office of the members first taking office shall expire, as designated by the Secretary at the time of appointment, five at the end of the first year, five at the end of the second year, five at the end of the third year, and six at the end of the fourth year after the date of appointment. A member shall not be eligible to serve continuously for more than two terms. The Secretary may, at the request of the Council or otherwise, appoint such special advisory professional or technical committees as may be useful in carrying out this title. Members of the Advisory Council ^^^^°^i'^^^^l^°^' and members of any such advisory or technical committee, while attending meetings or conferences thereof or otherwise serving on business of the Advisory Council or of such committee, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons 80 Stat. 499. in the Government service employed intermittently. The Advisory Council shall meet as frequently as the Secretary deems necessary. Upon request of five or more members, it shall be the duty of the Secretary to call a meeting of the Advisory Council."

E

FREE CHOICE BY INDIVIDUALS ELIGIBLE FOR MEDICAL ASSISTANCE

SEC. 227. (a) Section 1902(a) of the Social Security Act is amended— (1) by striking out "and'' at the end of paragraph (21); (2) by striking out the period at the end of paragraph (22) and inserting in lieu thereof "; and "; and (3) by adding after paragraph (22) the following new para"(23) provide that any individual eligible for medical assistance (including drugs) may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the service or services required (including an organization

42 USC 1396a.

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