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 138 Presidential Election Campaign F u n d. 80 Stat. 1587; 85 Stat. 5 7 3. 26 USC 6096.

PUBLIC LAW 93-53-JULY 1, 1973

[87 STAT.

SEC. 6. (a) Section 6096 of the Internal Revenue Code of 19'54 (relating to designation by individuals of income tax payments to Presidential Election Campaign F u n d) is amended to read as follows: "SEC. 6096. DESIGNATION BY INDIVIDUALS.

Infra.

68A Stat. 13; 85 Stat. 553, 560.

85 Stat. 567.

" (a) IN GENERAL.—Every individual (other than a nonresident alien) whose income tax liability for the taxable year is $1 or more may designate that $1 shall be paid over to the Presidential Election Campaign Fund in accordance with the provisions of section 9006(a). In the case of a joint return of husband and wife having an income tax liability of $2 or more, each spouse may designate that $1 shall be paid to the fund. " (b) INCOME TAX LIABILITY.—For purposes of subsection (a), the income tax liability of an individual for any taxable year is the amount of the tax imposed by chapter 1 on such individual for such taxable year (as shown on his return), reduced by the sum of the credits (as- shown in his return) allowable under sections 33, 37, 38, 40, and 41. "(c) MANNER AND T I M E or DESIGNATION.—A designation under subsection (a) may be made with respect to any taxable year ^ "(1) at the time of filing the return of the tax imposed by chapter 1 for such taxable year, or "(2) at any other time (after the time of filing the return of the tax imposed by chapter 1 for such taxable year) specified in regulations prescribed by the Secretary or his delegate. Such designation shall be made in such manner as the Secretary or his delegate prescribes by regulations except that, if such designation is made at the time of filing the return of the tax imposed by chapter 1 for such taxable year, such designation shall be made either on the first page of the return or on the page bearing the taxpayer's signature." (b) Section 9006 of the Internal Revenue Code of 1954 (relating to payments to eligible candidates) is amended to read as follows: "SEC. 9006. PAYMENTS TO ELIGIBLE CANDIDATES. " (a) ESTABLISHMENT OF CAMPAIGN FUND.—There is hereby estab-

Supra,

lished on the books of the Treasury of the United States a special fund to be known as the 'Presidential Election Campaign Fund'. The Secretary shall, as provided by appropriation Acts, transfer to the fund an amount not in excess of the sum of the amounts designated (subsequent to the previous Presidential election) to the fund by individuals under section 6096. " (b) TRANSFER TO THE GENERAL FUND.—If, after a Presidential election and after all eligible candidates have been paid the amount which they are entitled to receive under this chapter, there are moneys remaining in the fund, the Secretary shall transfer the moneys so remaining to the general fund of the Treasury. "(c) PAYMENTS FROM THE FUND.—Upon receipt of a certification from the Comptroller General under section 9005 for payment to the eligible candidates of a political party, the Secretary shall pay to such candidates out of the fund the amount certified by the Comptroller General. Amounts paid to any such candidates shall be under the control of such candidates. " (d) INSUFFICIENT AMOUNTS IN F U N D. — I f at the time of a certification by the Comptroller General under section 9005 for payment to the eligible candidates of a political party, the Secretary or his dele-

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    determines that the moneys in the fund are not, or may not be, sufficient to satisfy the full entitlements of the eligible candidates of all political parties, he shall withhold from such payment such amount as he determines to be necessary to assure that the eligible candidates of each political party will receive their pro rata share of their full entitlement. Amounts withheld by reason of the preceding sentence shall be paid when the Secretary or his delegate determines that there are sufficient moneys in the fund to pay such amounts, or portions thereof, to all eligible candidates from whom amounts have been withheld, but, if there are not sufficient moneys in the fund to satisfy the full entitlement of the eligible candidates of all political parties, the amounts so withheld shall be paid in such manner that the eligible candidates of each political party receive their pro rata share of their full entitlement.”

(c) Sections 9003(b)(2), 9007(b)(3), and 9012(b)(1) of the Internal Revenue Code of 1954 are each amended by striking out “9006(c)” and inserting in lieu thereof “9006(d)”.

(d) The amendments made by this section shall apply with respect to taxable years beginning after December 31, 1972. Any designation made under section 6096 of the Internal Revenue Code of 1954 (as in effect for taxable years beginning before January 1, 1973) for the account of the candidates of any specified political party shall, for purposes of section 9006(a) of such Code (as amended by subsection (b)), be treated solely as a designation to the Presidential Election Campaign Fund.

Approved July 1, 1973.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the Act of October 15, 1966 (80 Stat. 915), as amended (16 U.S.C. 470) is further amended in the following respects:

(a) Section 108 is amended by deleting the first sentence and inserting in lieu thereof the following: “To carry out the provisions of this title, there are authorized to be appropriated not more than $15,600,000 in fiscal year 1974, $20,000,000 in fiscal year 1975, and $24,400,000 in fiscal year 1976.”

(b) Section 206 is amended by deleting all of subsection (c) and inserting in lieu thereof the following:

“(c) For the purposes of this section there are authorized to be appropriated not more than $100,000 in fiscal year 1974, $100,000 in fiscal year 1975, and $125,000 in fiscal year 1976: Provided, That effective January 1, 1974, no appropriation is authorized and no payment shall be made to the Centre in excess of 25 per centum of the total annual assessment of such organization.”

(c) Section 201 is amended by inserting the following new subsection:

“(g) The Council shall continue in existence until December 31, 1985.”

(d) Section 101(b)(1) is amended by deleting “and American Samoa.” and inserting “American Samoa, and the Trust Territory of the Pacific Islands.”

Approved July 1, 1973.

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PUBLIC LAW 93-55-JULY 1, 1973

[87

STAT.

Public Law 93-55 July 1, 1973 [S.1501]

Water Resources Planning Act, continuing appropriation authorization. 86 Stat. 578.

AN ACT To amend the Water Resources Planning Act to provide for continuing authorization for appropriations.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 401 of the Water Eesources Planning Act (Public Law 89-80; 79 Stat. 244; 42 U.S.C. 1962d) is amended to delete, immediately after the phrase "(c) not to exceed $3,500,000," the words "in fiscal year 1973 and such annual amounts as may be authorized by subsequent Acts" and to insert "annually for fiscal years 1974 and 1975". Approved July 1, 1973. Public Law 93-56

July 1, 1973 [ H. J. R e s. 499]

Commission on the Bankruptcy Laws of the U.S. Term extension. 86 Stat. 63. 11 USC prec. 1 note.

JOINT RESOLUTION Providing for ap extension of the term of the Commission on the Bankruptcy Eaws of the United States, and for other purposes.

Resolved by the Senate and House of Representatives of the United States of America in Congress assemMed, That subsection (c) of the first section of the joint resolution entitled "Joint Resolution to create a commission to study the bankruptcy laws of the United States" approved July 24, 1970 (84 Stat. 468), is amended to read as follows: "(c) The Commission shall submit a comprehensive report of its activities, including its recommendations, to the President, the Chief Justice of the United States, and the Congress prior to July 31, 1973. The Commission shall cease to exist thirty days after the date of the submission of its final report." SEC. 2. Money appropriated for the purposes of carrying out the joint resolution entitled "Joint Resolution to create a commission to study the bankruptcy laws of the United States" approved July 24, 1970 (84 Stat. 468), shall remain available until expended or until the Commission established under such joint resolution ceases to exist. Approved July 1, 1973. Public Law 93-57

July 6, 1973 [H. R. 5157]

Service contracts. Canton Island. 79 Stat. 1036.

AN ACT To amend the Service Contract Act of 1965 to extend its geographical coverage to contracts performed on Canton Island.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 8(d) of the Service Contract Act of 1965 (41 U.S.C. 357,(d)) is amended by inserting "and Canton Island," between "Johnson Island," and "but". EFFECTIVE DATE

S E C 2. The amendment made hereby shall be effective with respect to all contracts entered into at any time after the date of enactment. Approved July 6, 1973.

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STAT.]

141

PUBLIC LAW 93-58-JULY 6, 1973

Public Law 93-58 AN ACT To amend sections 3(e) and 5(1)(1) of the Railroad Retirement Act of 1937 to simplify administration of the Act; and to amend section 226(e) of the Social Security Act to extend kidney disease medicare coverage to railroad employees, their spouses, and their dependent children; and for other purposes.

Be it enacted by the Senate and House of Representatives of the Vnited States of America in Congress assembled, That section 3(e) of the Raih'oad Retirement Act of 1937 is amended by striking out the -word "and" after clause (ix) in the second paragraph thereof and inserting after the semicolon in clause (x) in such second paragraph the following new clauses: " ' ( x i) years of coverage as defined in section 215(a) of the Social Security Act for an employee who has been awarded an annuity under section 2 of this Act shall be determined only on the basis of his wages and self-employment income credited under the Social Security Act through the later of December 31, 1971, or December 31 of the year preceding the year in which his annuity began to accrue; and (xii) in determining increment months for the purpose of a delayed retirement increase, section 303(w) (2)(B) (ii) of the Social Security Act shall be deemed to read as follows: "such individual was not entitled to an old-age insurance benefit" •'." SEC. 2. Section 5(1)(1) of the Railroad Retirement Act of 1937 is amended— (1) by striking out from clause (ii) "shall not be adopted after such death by other than a stepparent, grandparent, aunt, uncle, brother, or sister;"; (2) by striking out from such clause (ii) "age eighteen" and inserting in lieu thereof "age twenty-two or before the close of the eighty-fourth month following the month in which his most recent entitlement to an annuity under section 5(c) of this Act terminated because he ceased to be under such a disability"; (3) by striking from the third sentence thereof "202(d)(3) or (4) " and inserting in lieu thereof "202(d)(3), (4), or (9) "; (4) by adding immediately after the seventh sentence thereof the following new sentence: "A child whose entitlement to an annuity under section 5(c) of this Act was terminated because he ceased to be disabled as provided in clause (ii) of this paragraph and who becomes again disabled as provided in such clause (ii), may become reentitled to an annuity on the basis of such disability upon his application for such rentitlement."; and (5) by adding the following new paragraph at the end thereof: "A child who attains age twenty-two at a time when he is a full-time student (as defined in subparagraph (A) of paragraph 7 of section 202(d) of the Social Security Act and without the application of subparagraph (B) of such paragraj^h) but has not (at such time) completed the requirements for, or received, a degree from a four-year college or university shall be deemed (for purposes of determining whether his entitlement to an annuity under this section has terminated under subsection (j) and for purposes of determining his initial entitlement to such an annuity) not to have attained such age until the first day of the first month following the end of the quarter or semester in which he is enrolled at such time (or, if the educational institution in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion

July 6, 1973 [H. R. 7357]

Railroa d Retirement Act of 1937, amendment. Kidney d i s e a s e medicare 8 2 Stat 1 8; 86 S at. 765. 45 use 228c. 86 Stat 410, 1333, 42 use 415. 45 use 228b.

Child's annuity, extension. 60 Stat. 733; 65 Stat. 688; 80 Stat. 1084. 45 USC 228e..

Rentitlement.

Full-time stud e n t s, annuity. 79 Stat. 371; 8 1 Stat. 860. 42 USC 402.

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 142

Kidney d i s e a s e medicare. 86 Stat. "1463. 42 USC 4 2 6. 50 Stat. 307. 45 USC 228a.

Effective dates. 86 Stat. 1329.

60 Stat. 729; 65 Stat. 685. 45 USC 228e.

Ante, p. 141.

PUBLIC LAW 93-59-JULY 6, 1973

[87

STAT.

of the course in which he is so enrolled or until the first day of the third month beginning after such time, whichever first occurs)." SEC. 3. Section 226(e) of the Social Security Act is amended— (1) by inserting "or would be fully or currently insured if his service as an employee (as defined in the Railroad Retirement Act of 1937) after December 31, 1936, were included in the term 'employment' as defined in this Act" after " ( a s such terms are defined in section 214 of this Act) " in 2(A) thereof; (2) by inserting "or an annuity under the Railroad Retirement Act of 1937" after "monthly insurance benefits under title II of this Act" in 2 (B) thereof; (3) by inserting "or would be fully or currently insured if his service as an employee (as defined in the Railroad Retirement Act of 1937) after December 31, 1936, were included in the term 'employment' as defined in this Act" after "fully or currently insured" in 2(C) thereof; and (4) by inserting "or aii annuity under the Railroad Retirement Act of 1937" after "monthly insurance benefits under title II of this Act" in 2 (D) thereof. SEC. 4. (a) The provisions of this Act, except the provisions of section 1, shall be effective as of the date the corresponding provisions of Public Law 92-603 are effective. The provisions of clauses (xi) and (xii), which are added by section 1 of this Act, shall be effective as follows; clause (xi) shall be effective with respect to calendar years after 1971 for annuities accruing after December 1972; and clause (xii) shaH be effective as of the date the delayed retirement provision of Public Law 92-603 is effective. (b) Any child (1) whose entitlement to an annuity under section 5(c) of the Railroad Retirement Act was terminated by reason of his adoption prior to the enactment of this Act, and (2) who, except for such adoption, would be entitled to an annuity under such section for a month after the month in which this Act is enacted, may, upon filing application for an annuity under the Railroad Retirement Act after the date of enactment of this Act, become reentitled to such annuity; fxcept that no child shall, by reason of the enactment of this Act, become reentitled to such annuity for any month prior to the effective date of the relevant amendments made by this Act to section 5(1)(1) (ii) of the Railroad Retirement Act. Approved July 6, 1973. Public Law 93-59

July 6, 1973 [s-1972]

Radio Free Europe and Radio Liberty. Appropriation authorization. 86 Stat. 114, 577. 22 USC 1477a.

AN ACT To f u r the r amend the United States Information and Education a l Act of 1948.

Exchange

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 703 of the United States Information and Educational Exchange Act of 1948, as amended, is hereby amended to insert the following sentence between the first and second sentence thereof: "There are further authorized to be appropriated in fiscal year 1973 not to exceed $1,150,000 for nondiscretionary costs.". Approved July 6, 1973.

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 87 STAT. ]

PUBLIC LAW 93-60-JULY 6, 1973

143

Public Law 93-60 AN ACT To authorize appropriations to ^he Atomic Energy Commission in accordance with section 261 of the Atomic Energy Act of 1954, as amended, and for other purposes.

j^ly 6, 1973 t^S'^^94]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, Atomic Energy SEC. 101, There is hereby authorized to be appropriated to the A^^ropriTuon Atomic Energy Commission in accordance with the provisions of sec- authorization, tion 261 of the Atomic Energy Act of 1954, as amended: 11 f*^i,- ^^• (a) For "Operating expenses", $1,740,750,000 not to exceed $128,800,000 in operating costs for the high energy physics program category, (b) For "Plant and capital equipment", including construction, acquisition, or modification of facilities, including land acquisition; and acquisition and fabrication of capital equipment not related to construction, a sum of dollars equal to the total of the following: (1) NUCLEAR MATERIALS.—

Project 74-1-a, additional facilities, high level waste storage, Savannah Kiver, South Carolina, $14,000,000. Project 74-1-b, replacement ventilation, air filter, F chemical separations area. Savannah River, South Carolina, $5,200,000, Project 74-1-c, calcined solids storage and plant safety improvements, Idaho Chemical Processing Plant, National Reactor Testing Station, Idaho, $3,000,000, Project 74-1-d, cooling tower fire protection, gaseous diffusion plants, $3,300,000, Project 74-1-e, new purge cascade, gaseous diffusion plant, Oak Ridge, Tennessee, $5,900,000, Project 74-1-f, plant liquid effluent pollution control, gaseous diffusion plants, $8,000,000, Project 74-1-g, cascade uprating program, gaseous diffusion plants (partial A E and limited component procurement only), $6,000,000. Project 74-1-h, transuranium contaminated solid waste treatment development facility, Los Alamos Scientific Laboratory, New Mexico, $1,650,000. (2) ATOMIC WEAPONS.—

Project 74-2-a, weapons production, development, and test installations, $10,000,000. Project 74-2-b, acid waste neutralization and recycle facilities, Y-12 Plant, Oak Ridge, Tennessee, $1,700,000. Project 74-2-c, high energy laser facility, Lawrence Livermore Laboratory, California, $20,000,000. Project 74-2-d, national security and resources study center ( A E only), site undesignated, $350,000. (3) REACTOR DEVELOPMENT.—

Project 74-3-a, Liquid Metal Engineering Center (LMEC) facility modifications, Santa Susana, California, $3,000,000. Project 74-3-b, modifications to E B R - II, National Reactor Testing Station, Idaho, $2,000,000. Project 74-3-c, emergency process waste treatment facility, Oak Ridge National Laboratory, Tennessee, $1,300,000. Project 74-3-d, modifications to reactors, $2,000,000.

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PUBLIC LAW 93-60-JULY 6, 1973

[87 STAT.

Project 74-3-e, modifications to T E E A T facility, National Reactor Testing Station, Idaho, $2,500,000. (4)

PHYSICAL RESEARCH.—

Project 71 1 a, accelerator and reactor improvements, high energyphysics, $1,700,000. Project 74-4-b, accelerator and reactoi- improvcinents. niediiini and low energy physics, $600,000. (5)

PHYSICAL RESEARCH.—

Project 74^5-a, computation building, Stanford Linear Acceleratoi(^enter, California, $2,900,000. (6)

BIOMEDICAL AND ENVIRONMENTAL RESEARCH.—

Project 74-6-a, addition to physics building (human radiobiologv facility), Argonne National Laboratory, Illinois, $1,300,000. (7) (8)

77 Stat. 88« 42 USC 2017.

Construction design services

Transfer of amounts.

GENERAL PLANT PROJECTS.—$47,825,000. CONSTRUCTION PLANNING AND DESIGN.—$1,000,000. CAPITAL EQUIPMENT.—Acquisition and fabrication

(9) of capital equipment not related to construction, $172,8(X),0. SEC. 102. LIMITATIONS.— (a) The Commission is authorized to start any project set forth in subsections 101(b)(1), (2), (3), and (4) only if the cun-ently estimated cost of that pr-oject does not exceed l3y more than 25 per centum the estimated cost set forth for that project. (b) The Commission is authorized to start any project under subsections 101(b), (5), (B), and (8) only if the currently estimated cost of that project does not exceed by more than 10 per centum the estimated cost set forth for that project. (c) The Commission is authorized to start any project under subsection 101(b)(7) only if it is in accordance with the following: (1) The maximum currently estimated cost of any project shall be $500,000 and the maximum currently estimated cost of any building included in such project shall be $100,000, provided that the building cost limitation may be exceeded if the Commission determines that it is necessary in the interest of efficiency and economy. (2) The total cost of all projects undertaken under subsection 101(b)(7) shall not exceed the estimated cost set forth in that subsection by more than 10 per centum. (d) The total cost of any project authorized under subsections 101 (b)(1), (2), (3), and (4) shall not exceed the estimated cost set forth for that project by more than 25 per centum, unless and until additional appropriations are authorized under section 261 of the Atomic Energy Act of 1954, as amended. (e) The total cost of any project authorized under subsections 101 (b)(5), (6), (7), and (8) shall not exceed the estimated cost set forth for that project by 10 per centum unless and until additional appropriations are authorized under section 261 of the Atomic Energy Act. of 1954, as amended. SEC. 103. The Commission is authorized to perform construction design services for any Commission construction project whenevei(1) such construction project has been included in a proposed authorization bill transmitted to the Congress by the Commission and (2) the Commission determines that the project is of such urgency that construction of the project should be initiated promptly upon enactment of legislation appropriating funds for its construction. SEC. 104. When so specified in an appropriation Act, transfers of amounts between "Operating expenses" and "Plant and capital equipment" may be made as provided in such appropriation Act.

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 87 STAT. ]

PUBLIC LAW 93-61-JULY 6, 1973

145

SEC. 105. AMENDMENT OF PRIOR YEAR ACTS.—(a) Section 101 of

Public Law 91-'273, as amended, is further amended by (1) strikingfrom subsection (b)(1). project 71-1-e, g-aseous diffusion production ^^ Stat. 225. support facilities, the figure "$72,0^50,000" and substituting therefor the figure "$105,900,000", (2) striking from subsection (b)(1), project 71-1-f, process equipment modifications, gaseous diffusion plants, the figure "$34,400,000" and substituting therefor the figure "$172,100,000". and (3) striking from subsection (b)(9), project 71-9. 84 Stat. ises; fire, safety, and adequacy of operating conditions projects, various ^*°'' ^^ locations, the figure "$69,000,000" and substituting therefor the figure "$193,000,000". (b) Section 106 of Public Law 91-273, as amended, is further gs^stauVe?' amended by adding the following sentence at the end of the present text of subsection (a) thereof: "Notwithstanding the foregoing, authorization of additional appropriations for the conduct of Project Definition Phase activities suosequent to the execution of the aforementioned cooperative arrangement, in the amount of $2,000,000, is hereby authorized.". (c) Section 101 of Public Law 92-314 is amended by (1) striking from subsection (b)(1), project 73-1-d, component test facility. Oak ^^ ^'°'' 223. Ridge, Tennessee, the figure "$20,475,000" and substituting therefoi' the figure "$26,675,000", and (2) striking from subsection (b)(5), project 73-5-h, S8G prototype nuclear propulsion plant, West Milton. New York, the figure "$56,000,000" and substituting therefor the figure "$125,000,000". SEC. 106. RESCISSION.—(a) Public Law 91-273, as amended, is fuither amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows: Project 71-5-a, addition to physics building (human radiobiology facility), Argonne National Laboratory, Illinois, $2,000,000. (b) Public Law 92-314 is amended by rescinding therefrom authorization for a project, except for funds heretofore obligated, as follows: Project 73-1-i. radioactive solid waste reduction facility, Los Alamos Scientific Laboratory. New Mexico. $750,000, Approved July 6, 1973. Public Law 93-61 AN ACT July g^ 197 3 To apportion funds for the National System of Interstate and Defense Hijili- _ _ _ I £ l i i ^ i L _ ways and to authorize funds in accordance with title 23, United States Co(W, for fiscal year 1974, and for other purposes.

Be it enacted by the /Senate and House of Represe7itatives of the Interstate and United States of America in Congress assembled, That Federal-aid highSECTION 1. The Secretary of Transportation shall apportion way^'sysTems $1,000,000,000 of the sums authorized to be apportioned for fiscal year ^.^^^^^^ ^^^°" 1974 for immediate expenditure on the National System of Interstate '°"'"^" " and Defense Highways, using the apportionment factors contained in revised table 5, House Report Numbered 92-1443. SEC. 2. For the purpose of carrying out the provisions of title 23, Appropriation. United States Code, there are hereby authorized to be appropriated, ^^^ ^^'^ ^°^ ^' seq. out of the Highway Trust Fund, $500,000,000 for the Federal-aid pri- ^^"' mary system, the Federal-aid secondary system, and for their extensions within urban areas for the fiscal year ending June 30, 1974. The

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Time requirements. 84 Stat. 1714.

PUBLIC LAW 93-62-JULY 6, 1973

[87

STAT.

sums authorized in this section shall be available for expenditure as follows: (a) 45 per centum for projects on the Federal-aid primary highway system; (b) 30 per centum for projects on the Federal-aid secondary highway system; and (c) 25 per centum for projects on extensions of the Federal-aid primary and Federal-aid secondary highway systems in urban areas. SKC. 3. The time requirements in section 104(b) of title 23, United States Code, shall not be applicable to the apportionment of sums authorized by this Act for the fiscal year ending June 30, 1974, and the Secretary shall apportion such sums for such fiscal year as soon as practicable after the date of enactment of this Act. Approved July 6, 1973. Public Law 93-62

July 6, 1973 [H. R. 5857]

National Visitor Center F a c i l i t i e s Act of 1968, amendment. 40 USC 8 0 2.

Limitation. 40 USC 807. Interpretive transportation services. Federal areas. 40 USC 804 note.

AN ACT ry^ amend the National Visitor Center Facilities Act of 1968, and for purposes.

other

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the National Visitor Center Facilities Act of 1968 (82 Stat. 43), is amended by inserting after subsection (b) in section 102 the following new subsection: "(c) I n addition to the alterations and construction by the company pursuant to subsection (a) of this section, the Secretary is authorized to undertake, directly by competitive bidding or, if he deems it to be in the best interest of the United States, by negotiated contract with the company, its successors, agents, and assigns, such alterations and construction, with regard to the Union Station Building and the adjacent parking facility, as he deems necessary to supplement the activities of the company in providing adequate facilities for visitors under the agreements and leases referred to in subsection (a). The Secretary may exercise the authority under this subsection without regard to whether or not title to the Union Station Building or the airspace adjacent thereto is in the United States: Provided, That he shall have entered into an agreement for a lease (but such lease need not have commenced) with the company incorporating the provisions of paragraph (5) of subsection (a) prior to the exercise of the authority under this subsection: And provided further, That not to exceed $8,680,000 of the funds authorized to be appropriated in section 109 shall be available for the Secretary to carry out the provisions of this subsection." SEC. 2. The National Visitor Center Facilities Act of 1968 (82 Stat. 43) is amended by revising section 104 to read as follows: "SEC. 104. The Secretary is directed to utilize the authority under the Act of August 25, 1916 (39 Stat. 535), as amended and supplemented (16 U.S.C. 1 et seq.), to provide interpretive transportation services between or in Federal areas within the District of Columbia and environs, including, but not limited to, transportation of visitors on, among, and between the Mall, the Ellipse, the National Visitor Center, John F. Kennedy Center for the Performing Arts, and East

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 87 STAT.]

PUBLIC LAW 9 3 - 6 4 - J U L Y 9, 1973

147

and West Potomac Park, and such other visitor facilities as may be established pursuant to this Act, and, with the concurrence of the Architect of the Capitol, to provide such services on, among, and between such areas and the United States Capitol Grounds. The Secretary shall determine that such services are desirable to facilitate visitation and to insure proper management and protection of such areas. Such interpretive transportation services shall, notwithstanding any other provision of law to the contrary, be deemed transportation by the United States and shall be under the sole and exclusive charge and control of the Secretary." Approved July 6, 1973. Public Law 93-63 JOINT RESOLUTION juiy 6, 1973 To provide for an extension of certain laws relating to the payment of interest [s. j. Res. 128] on time and savings deposits.

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled, That section 7 of the Act Stat. 38. of September 21, 1966 (Public Law 89-597; 80 Stat. 823), is amended 85 USC 461 12 by striking out "June 1, 1973" and inserting in lieu thereof "August 1, no\e. 1973". Approved July 6, 1973. Public Law 93-64 AN ACT To amend titles 10 and 37, United States Code, to make permanent certain provisions of the Dependents Assistance Act of 1950, as amended, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

July 9, 1973 [H. R. 8537]

Armed Forces Dependents, allowances.

TITLE I — AMENDMENTS TO M A K E P E R M A N E N T CERTAIN PROVISIONS OF THE DEPENDENTS ASSISTANCE ACT O F 1950, A S A M E N D E D SEC. 101. Sections 10, 11, and 12 of the Dependents Assistance Act ^l%^\' of 1950 (50 App. U.S.C. 2210, 2211, and 2212) are repealed. ^ " SEC. 102. Chapter 59 of title 10, United States Code, is amended by gilfat^^fsV^^' adding after section 1172 the following new section and inserting a lo use iiei corresponding item in the analysis:

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PUBLIC LAW 93-64-JULY 9, 1973

[87 STAT.

"Under regulations prescribed by the Secretary concerned, a regular enlisted member of an armed force who has dependents may be discharged for hardship." 76 Stat. 469. gj,^.^ Qg^ Section 401 of title 37, United States Code, is amended by— (1) amending clause (2) to read as follows: "(2) his unmarried child (including any of the following categories of children if such child is in fact dependent on the member: a stepchild; an adopted child; or an illegitimate child whose alleged member-father has been judicially decreed to be the father of the child or judicially ordered to contribute to the child's support, or whose parentage has been admitted in writing by the member) who either— " (A) is under 21 years of age; or " (B) is incapable of self-support because of a mental or physical incapacity, and in fact dependent on the member for over one-half of his support; and"; and (2) striking out the first sentence after clause (3). SEC. 104. Section 401(3) of title 37, United States Code, is amended to read as follows: "(3) his parent (including a stepparent or parent by adoption, and any person, including a former stepparent, who has stood in loco parentis to the member at any time for a continuous period of at least five years before the member became 21 years of a^e) who is in fact dependent on the member for over one-half of his support; however, the dependency of such a parent is determined on the basis of an affidavit submitted by the parent, and any other evidence required under regulations prescribed by the Secretary concerned, and he is not considered a dependent of the member claiming the dependence unless— " (A) the member has provided over one-half of his support for the period prescribed by the Secretary concerned; or " (B) due to changed circumstances arising after the member enters on active duty, he becomes in fact dependent on the member for over one-half of his support." ai?ow"nc"' ^^^''^ ^^^- ^^^' Section 403 of title 37 is amended— ^ 7°6"st"'t!'470; (1) by Striking out that part of the table in subsection (a) 77 Stat. 216; which prescribes monthly basic allowances for quarters for 85 Stat. 58. eullsted members in pay grades E - 1, E - 2, E - 3, E - 4 (four years' or less service), and E - 4 (over four years' service) and inserting in place thereof the following: "I>4 E-3 E-2 E-1
 * § 1173. Enlisted members: discharge for hardship

$81. 60 $121. 50 72.30 105.00 63. 90 105. 00 60. 00 105. 00";

(2) by striking out the last sentence in subsection (a);

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(3) by striking out "subsection (g)" in the second sentence of subsection (b), and inserting in place thereof "subsection (j)"; (4) by inserting the following new subsections after subsection

149 77 Stat. 216. ^^ ^'°'- ^^^'

"(g) An aviation cadet of the Navy, Air Force, Marine Corps, or Coast Guard is entitled to the same basic allowance for quarters as a member of the uniformed services in pay grade E-4. "(h) The Secretary concerned, or his designee, may make any determination necessary to administer this section with regard to enlisted members, including determinations of dependency and relationship, and may, when warranted by the circumstances, reconsider and change or modify any such determination. This authority may be redelegated by the Secretary concerned or his designee. Any determination made under this section with regard to enlisted members is final and is not subject to review by any accounting officer of the United States or a court, unless there is fraud or gross negligence. " (i) Notwithstanding any other provision of law, the basic allowance for quarters to which an enlisted member may be entitled as a member with dependents shall not, for such period as the Secretary concerned may prescribe, be contingent on the right of such member to receive pay."; and (5) by redesignating subsection (g) as subsection (j). 76 Stat. 470. TITLE II—MISCELLANEOUS PROVISIONS SEC. 201. Section 302 of title 37, United States Code, is amended by striking out "July 1, 1973" wherever it appears therein and inserting in place thereof "July 1, 1975". SEC. 202. Section 302a of title 37, United States Code, is amended by striking out "July 1, 1973" wherever it appears therein and inserting in place thereof "July 1, 1975". SEC. 203. Section 303 of title 37, United States Code, is amended by striking out "July 1, 1973" wherever it appears therein and inserting in place thereof "July 1, 1975". SEC. 204. Section 308a of title 37, United States Code, is amended by—

85 Stat. 3 5 5.

85 Stat. 3 5 7.

^^ Stat. 358,,

..

(1) stnking out the phrases "any combat element of an armed force" and "a combat element of an armed force" in the first sentence of subsection (a) and inserting in place thereof the phrases "the career field of Infantry, Armor, or Field Artillery Cannon in the Army, or the career field of Infantry, Field Artillery, or Tank and Amphibian Tractor in the Marine Corps" and "such a career field", respectively; and (2) striking out in subsection (c) "June 30, 1973" and inserting in place thereof "June 30, 1974". SEC. 205. Section 207 of the Career Compensation Act of 1949, as ^,^P^^^amended (70 Stat. 338), is repealed. ^ ' SEC. 206. This Act shall become effective July 1, 1973. Effective date. Approved July 9, 1973.

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PUBLIC LAW 93-65-JULY 9, 1973

[87

STAT.

Public Law 93-65 July 9, 1973 [H. R. 5383]

AN ACT To authorize appropriations for the Coast Guard for the procurement of vessels and aircraft and construction of shore and offshore establishments, to authorize for bridge alterations, to authorize for the Coast Guard an end-year strength for active duty personnel, to authorize for the Coast Guard average military student loads, and for other purposes.

Be it enacted by the Senate and Hoiise of Representatives of the Appropriation United States of America in Congress assembled, That funds are authorization; per- hereby authorizcd to be appropriated for fiscal year 1974 for the use sonnei strength, ^f ^^g Coast Guard as follows: VESSELS

For procurement and increasing the capability vessels, $23,979,000. A. Procurement: (1) 75-foot inland construction tenders. (2) small boat replacement program. (3) design of vessels. B. Renovation and increasing capability: (1) renovate and improve buoy tenders. (2) reengine and renovate coastal buoy tenders. (3) abate pollution by oily waste from Coast Guard vessels. (4) abate pollution by nonoily waste from Coast Guard vessels. AIRCRAFT

For procurement of a long range search and rescue helicopter, $3,000,000. CONSTRUCTION

For establishment or development of installations and facilities by acquisition, construction, conversion, extension, or installation of permanent or temporary public works, including the preparation of sites and furnishing of appurtenances, utilities, and equipment for the following, $75,260,000. (1) Portsmouth, Virginia: Construct new Coast Guard base, phase Ila. (2) Portsmouth, Virginia: Construct new communications station. (3) Monterey and Santa Cruz, California: Rebuild Monterey station, construct Santa Cruz unmanned moorings. (4) Montauk Point, New York: Control erosion at Montauk Point Light Station. (5) Cape May, New Jersey: Construct dining hall at recruit training center. (6) Brooklyn, New York, and Wildwood, New Jersey: Expand interim centralized electronic systems maintenance facilities. (7) Carolina Beach, North Carolina: Construct barracks at Loran-C Station. (8) Fort Lauderdale, Florida: Increase capability of Fort Lauderdale Station. (9) New Orleans, T^ouisiana: Expand New Orleans Air Station. (10) San Diego, California: Control erosion at Light Station Point Loma. (11) San Diego, California: Improve San Diego Air Station. (12) Astoria, Oregon: Expand Astoria Air Station.

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151

(13) Attu Island, Alaska: Rebuild airstrip bridge. (14) Kodiak, Alaska: Renovate and consolidate Kodiak Base. (15) Cheboygan, Michigan: Construct moorings for Coast Guard Cutter Mackinaw. (16) L o r a n - C: Expansion project—Phase I, United States West Coast. (17) L o r a n - C: Equipment Replacement. (18) Various locations: Waterways aids to navigation projects. (19) Various locations: Abate pollution at Coast Guard shore stations. (20) Various locations: Lighthouse automation and modernization program. (21) Various locations: Large navigational buoys to replace / lightships. (22) New York Harbor and Long Island Sound, New York: Establish Vessel Traffic System, Phase I. (23) Puget Sound, Washington: Vessel Traffic System Part 1 of Phase III. (24) New Orleans, Louisiana: Establish Vessel Traffic System, Phase I. (25) Various locations: Public family quarters. (26) Various locations: Advance planning, survey, design, and architectural services; project administration costs; acquire sites in connection with projects not otherwise authorized by law. (27) At a location between San Francisco, California, and Astoria, Oregon: Establish helicopter search and rescue station. SEC. 2. For fiscal year 1974 the Coast Guard is authorized an end Active duty strength for active duty personnel of 37,607; except that the ceiling strength! shall not include members of the Ready Reserve called to active duty 86 Stat. 794. under the provisions of Public Law 92-479. 14 USC 764. SEC. 3. For fiscal year 1974 military training student loads for the Coast Guard are authorized as follows: (1) recruit and special training, 4,006 man-years. (2) flight training, 86 man-years. (3) professional training in military and civilian institutions, " ^ 231 man-years. (4) officer acquisition training, 1,208 man-years. SEC. 4. For use of the Coast Guard for payment to bridge owners a^menu""^"^^^' for the cost of alterations of railroad bridges and public highway bridges to permit free navigation of navigable waters of the United States, $7,000,000 is hereby authorized. Stat. 451. SEC. 5. Section 475 of title 14, United States Code, is amended by 86 USC 475. 14 amending subsection (e) thereof to read as follows: "(e) The authority provided in subsections (b) and (c) of this section shall expire on June 30, 1976." SEC. 6. (a) Section 1 of the Act of June 20, 1936 (49 Stat. 1544, 46 U.S.C. 367), as amended, is further amended by deleting the entire ^^ ^'^*' ^'^^' third sentence and substituting in lieu thereof the following sentence: "The exemption in the preceding sentence for cannery tender or fishery tender vessels shall continue in force for five years from July 11, 1973." (b) Section 4426 of the Revised Statutes of the United States (46 U.S.C. 404), as amended, is further amended by deleting the entire last sentence and substituting in lieu thereof the following sentence: "The exemption in the ^jreceding sentence for cannery tender and fisherv tender \essels shall continue in force for five years from July 11, 1973." Approved July 9, 1973.

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PUBLIC LAW 93-66-JULY 9, 1973

[87 STAT.

Public Law 93-66 July 9, 1973 [H. R. 7445]

AN ACT To extend the Renegotiation Act of 1951 for one year, and for other purposes.

Be it enacted by the Senate and House of Reirresentatives of the Afiof\tsV''and ^'^^^^^ States of America in Congress assembled, That section 102 so^'ciai Security" (c)(1) of the Renegotiation Act of 1951 (50 U.S.C. App., sec. 1212 Act, amendments, (c)(1)) is amended by striking out "June 30, 1973" and inserting in ss'stf;r 97!''' lieu thereof "June 30, 1974". TITLE II—PROVISIONS RELATING TO THE SOCIAL S E C U R I T Y ACT PART A—INCREASE IN SOCIAL SECURITY BENEFITS COST-OF-LIVING INCREASE IN SOCIAL SECURITY BENEFITS

SEC. 201. (a)(1) The Secretary of Health, Education, and Welfare (hereinafter in this section referred to as the "Secretary") shall, in accordance with the provisions of this section, increase the monthly benefits and lump-sum death payments payable under title II of the 42 USC 401. Social Security Act by the percentage by which the Consumer Price Index prepared by the Department of Labor for the month of June 1973 exceeds such index for the month of June 1972. Effective date. (£) The provisions of this section (and the increase in benefits made hereunder) shall be effective, in the case of monthly benefits under title II of the Social Security Act, only for months after May 1974 and prior to January 1975, and, in the case of lump-sum death payments under such title, only with respect to deaths which occur after May 1974 and prior to January 1975. (b) The increase in social security benefits authorized under this section shall be provided, and any determinations by the Secretary in connection with the provision of such increase in benefits shall be made, in the manner prescribed in section 215(i) of the Social Security 1334^'^*"'*^^' ^^^ -^^^ *^^ implementation of cost-of-living increases authorized 42 USC 415. under title II of such Act, except that the amount of such increase shall be based on the increase in the Consumer Price Index described in subsection (a). (c) The increase in social security benefits provided by this section shall— (1) not be considered to be an increase in benefits made under or pursuant to section 215(i) of the Social Security Act, and 42 u*sc'403^' ^^) ^^^ (except for purposes of section 203(a)(2) of such Act, as in effect after May 1974) be considered to be a "general benefit increase under this title" (as such term is defined in section 215 (i)(3) of such Act); and nothing in this section shall be construed as authorizing any increase in the "contribution and benefit base" (as that term is 1370.^*^^* ^^^' employed in section 230 of such Act), or any increase in the "exempt 42 USC 430. amount" (as such term is used in section 203(f)(8) of such Act). 86 Stat. 1341. ^^j^ Nothing in this section shall be construed to authorize (directly or indirectly) any increase in monthly benefits under title II of the Social Security Act for any month after December 1974, or any increase in lump-sum death payments payable under such title in the case of deaths occurring after December 1974. The recognition of the existence of the increase in benefits authorized by the preceding subsections of this section (during the period it was in effect) m the application, after December 1974, of the provisions of sections 202

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PUBLIC LAW 93-66-JULY 9, 1973

(q) and 203(a) of such Act shall not, for purposes of the preceding sentence, be considered to be an increase in a monthly benefit for a month after December 1974. SEC. 202. (a) Paragraphs (1) and (4)(B) of section 203(f) of the Social Security Act are each amended by striking out "$175" and inserting in lieu thereof "$200". (b) The first sentence of paragraph (3) of section 203(f) of such Act is amended by striking out "$lY5" and inserting in lieu thereof "$200". (c) Paragraph (1)(A) of section 203(h) of such Act is amended by striking out "$175" and inserting in lieu thereof "$200". (d) The amendments made by this section shall be effective with respect to taxable years beginning after December 31, 1973. SEC. 203. (a)(1) Section 209(a)(8) of the Social Security Act is amended by striking out "$12,000" and inserting in lieu thereof "$12,600". (2) Section 2 1 1 (b)(1)(H) of such Act is amended by striking out "$12,000" and inserting in lieu thereof "$12,600". (3) Sections 213(a)(2) (ii) and 213(a)(2) (iii) of such Act are each amended by striking out "$12,000" and inserting in lieu thereof "$12,600". (4) Section 215(e)(1) of such Act is amended by striking out "$12,000" and inserting in lieu thereof "$12,600". (b)(1) Section 1402(h)(1)(H) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended by striking out "$12,000" and inserting in lieu thereof "$12,600". (2) Effective with respect to remuneration paid after 1973, section 3121(a)(1) of such Code is amended by striking out the dollar amount each place it appears therein and inserting in lieu thereof "$12,600". (3) Effective with respect to remuneration paid after 1973, the second sentence of section 3122 of such Code is amended by striking out the dollar amount and inserting in lieu thereof "$12,600". (4) Effective with respect to remuneration paid after 1973, section 3125 of such Code is amended by striking out the dollar amount each place it appears in subsections (a), (b), and (c) and inserting in lieu thereof "$12,600". (5) Section 6413(c)(1) of such Code (relating to special refunds of employment taxes) is amended by striking out "$12,000" each place it appears and inserting in lieu thereof "$12,600". (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out "$12,000" and inserting in lieu thereof "$12,600". (7) Effective with respect to taxable years beginning after 1973, section 6654(d)(2)(B) (ii) of such Code (relating to failure by individual to pay estimated income tax) is amended by striking out the dollar amount and inserting in lieu thereof "$12,600". (c) Section 230(c) of the Social Security Act is amended by striking out "$12,000" and inserting in lieu thereof "$12,600". (d) Paragraphs (2)(C), (3)(C), (4)(C), and (7)(C) of section 203(b) of Public Law 92-336 are each amended by striking out "$12,000" and inserting in lieu thereof "$12,600". (e) The amendments made by this section, except subsection (a)(4), shall apply only with respect to remuneration paid after, and taxable years beginning after, 1973. The amendments made by subsection (a)(4) shall apply with respect to calendar years after 1973. (f) Effective June 1, 1974, the Secretary of Health, Education, and Welfare, shall prescribe and publish in the Federal Register such

153 86 Stat. 1336. 72 Stat, 1017; 86 Stat. 1334. 42 USC 402, 403. 86 Stat. 1341.

Effective date. 86 Stat. 418. 42 USC 409. 42 USC 411. 42 USC 413.

42 USC 415.

86 Stat. 419. 26 USC 1402. Effective date.

86 Stat. 417.. 42 USC 430.

86 Stat. 419. 26 USC 3121, 3122, 3125, 6654. Effective date.

Publication in Federal Register.

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1369^*^* ^°^' 42 USC 415. 86 Stat. 414.

PUBLIC LAW 93-66-JULY 9, 1973

[87 STAT.

modifications and extensions in the table contained in section 215(a) of ^^® Social Security Act (which shall be determined in the same manner as the revisions in such table provided for under section 215(i)(2) ^j)^ Qf such Act) as may be necessary to reflect the amendments made by this section; and such modified and extended table shall be deemed to be the table appearing in such section 215(a). PART B—PROVISIONS RELATIXO TO FEDERAL PROGRAM OF SUPPLEMENTAL SECURITY INCOME INCREASE IN SUPPLEMENTAL SECURITY INCOME BENEFITS

SEC. 210. (a) Section 1611(a)(1)(A) and section 1611(b)(1) of the Social Security Act (as enacted by section 301 of the Social Security 86 Stat. 1466. Amendments of 1972) are each amended by striking out "$1,560" and inserting in lieu thereof "$1,6S0". (b) Section 1611(a)(2)(A) and section 1611(b)(2) of such Act (as so enacted) are each amended by striking out "$2,340" and inserting in lieu thereof "$2,520". Effective date. ^Q^ ^j^g amendments made by this section shall apply with respect to payments for months after June 1974. SUPPLEMENTAL SECURITY INCOME BENEFITS FOR ESSENTIAL PERSONS 86 Stat. 1465. 42 USC 1 3 8 1.

It use ioT" 1201, 1351.

SEC. 211. (a)(1) In determining (for purposes of title X VI of the Social Security Act, as in effect after December 1973) the eligibility for and the amount of the supplemental security income benefit payable to any qualified individual (as defined in subsection (b)), with respect to any period for which such individual has in his home an essential person (as defined in subsection (c)) — (A) the dollar amounts specified in subsection (a)(1)(A) and (2)(A), and subsection (b)(1) and (2), of section 1611 of such Act, shall each be increased by $840 ($780 in the case of any period prior to July 1974) for each such essential person, and (B) the income and resources of such individual shall (for purposes of such title X VI) be deemed to include the income and resources of such essential person; except that the provisions of this subsection shall not, in the case of any individual, be applicable for any period which begins in or after the first month that such individual— (C) does not but would (except for the provisions of subparagraph (B)) meet— (i) the criteria established with respect to income in section 1611(a) of such Act, or (ii) the criteria established with respect to resources by such section 1611(a) (or, if applicable, by section 1611(g) of such Act). (2) The provisions of section 1611(g) of the Social Security Act (as in effect after December 1973) shall, in the case of any qualified individual (as defined in subsection (b)), be applied so as to include, in the resources of such individual, the resources of any person (described in subsection (b)(2)) whose needs were taken into account in determining the need of such individual for the aid or assistance referred to in subsection (b)(1). (b) For purposes of this section, an individual shall be a "qualified individual" only if— (1) for the month of December 1973 such individual was a recipient of aid or assistance under a State plan approved under
 * ^^^® -^' ^ ' ^^^' ^'' ^^^ ^^ ^^^ ^^^^^ Security Act, and

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(2) in determining the need of such individual for such aid or assistance for such month under such State plan, there were taken into account the needs of a person (other than such individual) who— (A) was living in the home of such individual, and (B) was not eligible (in his or her own right) for aid or assistance under such State plan for such month. (c) The term "essential person", when used in connection wath any qualified individual, means a person who— (1) for the month of December 1973 was a person (described in subsection (b)(2)) whose needs were taken into account in determining the need of such individual for aid or assistance under a State plan referred to in subsection (b)(1) as such State plan was in effect for June 1973, (2) lives in the home of such individual, (3) is not eligible (in his or her own right) for supplemental security income benefits under title XVI of the Social Security Act (as in effect after December 1973), and (4) is not the eligible spouse (as that term is used in such title X VI) of such individual or any other individual. If for any month after December 1973 any person fails to meet the criteria specified in paragraph (2), (3), or (4) of the preceding sentence, such person shall not, for such month or any month thereafter be considered to be an essential person.

155

"Essential

person.

86 Stat. 1465. 42 USC 1381.

MANDATORY MINIMUM STATE SUPPLEMENTATION OF SSI BENEFITS PROGRAM

SEC. 212. (a)(1) I n order for any State (other than the Commonwealth of Puerto Rico, Guam, or the Virgin Islands) to be eligible for payments pursuant to title X IX, with respect to expenditures for any 79 Stat. 343; quarter beginning after December 1973, such State must have in effect 42 USC i396. an agreement with the Secretary of Health, Education, and Welfare (hereinafter in this section referred to as the "Secretary") whereby the State will provide to individuals residing in the State supplementary payments as required under paragraph (2). (2) Any agreement entered into by a State pursuant to paragraph (1) shall provide that each individual who— (A) is an aged, blind, or disabled individual (within the meaning of section 1614(a) of the Social Security Act, as enacted by section 301 of the Social Security Amendments of 1972), and ^e Stat. 1471. (B) for the month of December 1973 was a recipient of (and was eligible to receive) aid or assistance (in the form of money payments) under a State plan of such State (approved under title I, X, X IV, or X VI, of the Social Security Act) se sta^-^i484. shall be entitled to receive, from the State, the supplementary pay- 1201, 1351. ' ment described in paragraph (3) for each month, beginning with January 1974, and ending with whichever of the following first occurs: (C) the month in which such individual dies, or (D) the first month in which such individual ceases to meet the condition specified in subparagraph (A); except that no individual shall be entitled to receive such supplementary payment for any month, if, for such month, such individual was ineligible to receive supplemental income benefits under title X VI of the Social Security Act by reason of the provisions of section 1611(e)(1)(A), (2), or (3), 1611(f), or 1615(c) of such Act. ^ ITcltll (3)(A) The supplementary payment referred to in paragraph (2) i382d. which shall be paid for any month to any individual who is entitled thereto under an agreement entered into pursuant to this subsection

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[87 STAT.

shall (except as provided in subparagraph (D)) be an amount equal to (i) the amount by which such individual's "December 1973 income" (as determined under subparagraph (B)) exceeds the amount of such individual's "title X VI benefit plus other income" (as determined under subparagraph (C)) for such month, or (ii) if greater, such amount as the State may specify. (B) For purposes of subparagraph (A), an individual's "December 1973 income" means an amount equal to the aggregate of— (i) the amount of the aid or assistance (in the form of money payments) which such individual would have received (including any part of such amount which is attributable to meeting the needs of any other person whose presence in such individual's home is essential to such individual's well-being) for the month of December 1973 under a plan (approved under title I, X, X IV, or X VI, ^^86 Stat. 1484, ^f ^j^g Social Security Act) of the State entering into an agree42 USC 301, ment under this subsection, if the terms and conditions of such 1201, 1351, 1381. plan (relating to eligibility for and amount of such aid or assistance payable thereunder) were, for the month of December 1973, the same as those in effect, under such plan, for the month of June 1973, and (ii) the amount of the income of such individual (other than the aid or assistance described in clause (i)) received by such individual in December 1973, minus any such income which did not result, but which if properly reported would have resulted in a reduction in the amount of such aid or assistance. (C) For purposes of subparagraph (A), the amount of an individual's "title X VI benefit plus other income" for any month means an amount equal to the aggregate of— (i) the amount (if any) of the supplemental security income benefit to which such individual is entitled for such month under title X VI of the Social Security Act, and (ii) the amount of any income of such individual for such month (other than income in the form of a benefit described in clause (i)). (D) If the amount determined under subparagraph (B)(i) includes, in the case of any individual, an amount which was payable to such individual solely because of— (i) a special need of such individual (including any special allowance for housing, or the rental value of housing furnished in kind to such individual in lieu of a rental allowance) which existed in December 1973, or (ii) any special circumstance (such as the recognition of the needs of a person whose presence in such individual's home, in December 1973, was essential to such individual's well-being), and, if for any month after December 1973 there is a change with respect to such special need or circumstance which, if such change had existed in December 1973, the amount described in subparagraph (B)(i) with respect to such individual would have been reduced on account of such change, then, for such month and for each month thereafter the amount of the supplementary payment payable under the agreement entered into under this subsection to such individual shall (unless the State, at its option, otherwise specifies) be reduced by an amount equal to the amount by which the amount (described in subparagraph (B)(i)) would have been so reduced. (b)(1) Any State having an agreement with the Secretary under subsection (a) may enter into an administration agreement with the Secretary whereby the Secretary will, on behalf of such State, make the supplementary payments required under the agreement entered into under subsection (a).

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157

(2) Any such administration agreement between the Secretary and a State entered into under this subsection shall provide that the State will (A) certify to the Secretary the names of each individual who, for December 1973, was a recipient of aid or assistance (in the form of money payments) under a plan of such State approved under title I, X, X IV, or X VI of the Social Security Act, together with the amount ^^\\ Stat. i484, of such assistance payable to each such individual and the amount of 42 USC 301, such individual's December 1973 income (as defined in subsection 1201, 1351, i38i. (a)(3)(B)), and (B) provide the Secretary with such additional data at such times as the Secretary may reasonably require in order properly, economically, and efficiently to carry out such administration agreement. (3) Any State which has entered into an administration agreement under this subsection shall, at such times and in such installments as may be agreed upon between the Secretary and the State, pay to the Secretary an amount equal to the expenditures made by the Secretary as supplementary payments to individuals entitled thereto under the agreement entered into with such State under subsection (a), (c)(1) Supplementary payments made pursuant to an agreement entered into under subsection (a) shall be excluded under section 1612(b)(6) of the Social Security Act (as in effect after December ^^ use i382a. 1973) in determining income of individuals for purposes of title X VI of such Act (as so in effect). (2) Supplementary payments made by the Secretary (pursuant to an administration agreement entered into under subsection (b)) shall, for purposes of section 401 of the Social Security Amendments of 1972, be considered to be payments made under an agreement entered ^^ ^^^' ^^^^-^ into under section 1616 of the Social Security Act (as enacted by sec- note. tion 301 of the Social Security Amendments of 1972); except that ^2 USC i382e. nothing in this paragraph shall be construed to waive, with respect to the payments so made by the Secretary, the provisions of subsection (b) of such section 401. (d) For purposes of subsection (a)(1), a State shall be deemed to have entered into an agreement under subsection (a) of this section if such State has entered into an agreement with the Secretary under section 1616 of the Social Security Act under which— (1) individuals, other than individuals described in subsection (a)(2)(A) and (B), are entitled to receive supplementary payments, and (2) supplementary benefits are payable, to individuals described in subsection (a)(2)(A) and (B) at a level and under terms and conditions which meet the minimum requirements specified in subsection (a). (e) Except as the Secretary may by regulations otherwise provide, the provisions of title X VI of the Social Security Act (as enacted by section 301 of the Social Security Amendments of 1972), including the provisions of part B of such title, relating to the terms and conditions under which the benefits authorized by such title are payable shall, where not inconsistent with the purposes of this section, be applicable to the payments made under an agreement under subsection (b) of this section; and the authority conferred upon the Secretary by such title may, where appropriate,, be exercised by him in the administration of this section. (f) The provisions of subsection (a)(1) shall not be applicable in the case of any State— (1) the Constitution of which contains provisions which make it impossible for such State to enter into and commence carrying out (on January 1, 1974) an agreement referred to in subsection (a), and (2) the Attorney General (or other appropriate State official) of which has, prior to July 1, 1973, made a finding that the State

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86 Stat. 1474. 42 USC 1382e.

PUBLIC LAW c^3-66-JULY 9, 1973

[87 STAT.

Constitution of such State contains limitations which prevent such State from making supplemental payments of the type described in section 1616 of the Social Security Act. P R E F E R E N C E FOR P R E S E N T STATE A N D LOCAL E M P L O Y E E S

42 USC 1381.

42 USC aof,'*" 1201, 1351. '

SEC. 213. The Secretary of Health, Education, and Welfare, in the recruitment and selection for employment of personnel whose services will be utilized in the administration of the Federal program of supplemental security income for the aged, blind, and disabled (established by title XVI of the Social Security Act), shall give a preference, as among applicants whose qualifications are reasonably equal (subject to any preferences conferred by law or regulation on individuals who have been Federal employees and have been displaced from such employment), to applicants for employment who are or were employed in the administration of any State program approved under titls I, X, X IV, or X VI of such Act and are or were involuntarily displaced from their employment as a result of the displacement of such State program by such Federal program. DETERMINATION OF B L I N D N E S S U N D E R S U P P L E M E N T A L SECURITY I N C O M E PROGRAM

42 USC uss^b

SEC. 214. Section 1633 of the Social Security Act (as enacted by section 301 of the Social Security Amendments of 1972) is amended— (1) by inserting " (a) " immediately after "SEC. 1633.", (2) by striking out "The Secretary" and inserting in lieu thereof "Subject to subsection (b), the Secretary", and (3) by adding at the end thereof the following new subsection: "(b) I n determining, for purposes of this title, whether an individual is blind, there shall be an examination of such individual by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select." PART C—SOCIAL SERVICES SOCIAL SERVICES REGULATIONS POSTPONED

SEC. 220. (a) Subject to subsection (b), no regulation and no modification of any regulation, promulgated by the Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") after January 1, 1973, shall be effective for any period wiich begins prior to November 1, 1973, if (and insofar as) such regulation or modification of a regulation pertains (directly or indirectly) to the provisions of law contained in section 3(a)(4)(A), 402(a) (19)(G), 4 0 3 (a)(3)(A), 6 0 3 (a)(1)(A), 1 0 0 3 (a)(3)(A), 1 4 0 3 (a)(3)(A), or 602^ 6^03^ 803' 1603(a)(4)(A), of the Social Security Act, unless such regulation or 1203, 1353, 1383. modification has been approved, prior to its being proposed, by the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (b)(1) The provisions of subsection (a) shall not be applicable to any regulation relating to "scope of programs", if such regulation is identical (except as provided in the succeeding sentence) to the provisions of section 221.0 of the regulations (relating to social services) proposed by the Secretary and published in the Federal Register on May 1, 1973. There shall be deleted from the first sentence of subsection (b) of such section 221.0 the phrase "meets all the applicable requirements of this part and". (2) The provisions of subsection (a) shall not be applicable to any regulation relating to "limitations on total amount of Federal funds payable to States for services", if such regulation is identical (except

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PUBLIC LAW 93-66-JULY 9, 1973

as provided in the succeeding sentence) to the provisions of section 221.55 of the regulations so proposed and published on May 1, 1973. There shall be deleted from subsection (d)(1) of such section 221.55 the phrase "(as defined under day care services for children)"; and, in lieu of the sentence contained in subsection (d)(5) of such section 221.55, there shall be inserted the following: "Services provided to a child who is under foster care in a foster family home (as defined in section 408 of the Social Security Act) or in a child-care institution (as defined in such section), or while awaiting placement in such a home or institution, but only if such services are needed by such child because he is under foster care.". (3) The provisions of subsection (a) shall not be applicable to any regulation relating to "rates and amounts of Federal financial participation for Puerto Rico, the Virgin Islands, and Guam", if such regulation is identical to the provisions of section 221.56 of the regulations so proposed and published on May 1, 1973. (c) Notwithstanding the provisions of section 553(d) of title 5, United States Code, any regulation described in subsection (b) may become effective upon the date of its publication in the Federal Register. SEC. 22L Section 1130(a)(2) of the Social Security Act is amended— (1) by striking out "of the amounts paid (under all of such sections)" and inserting in lieu thereof "of the amounts paid under such section 403(a)(3) "; and (2) by striking out "under State plans approved under titles I, X, X IV, X VI, or part A of title IV " and inserting in lieu thereof "under the State plan approved under part A of title IV ".

159

80 Stat. 383.

l^,f'^''^^^'

^2 USC 603. ^2 USC eoi.

PART D—PROVISIONS RELATING TO MEDICAID COVERAGE OR ESSENTIAL PERSONS UNDER MEDICAID

SEC. 230. I n the case of any State plan (approved under title X IX of the Social Security Act) which for December 1973 provided medical 79 Stat. 343; assistance to persons described in section 1905(a) (vi) of such Act, ^^43'use 13^96. there is hereby imposed the requirement (and such State plan shall 79 Stat. 351. be deemed to require) that medical assistance under such plan be pro- ^'^ ^^^ i396d. vided to each such person (who for December 1973 was eligible for medical assistance under such plan) for each month (after December 1973) that ^ (1) the individual (referred to in the last sentence of section 1905(a) of such Act) with whom such person is living continues to meet the criteria (as in effect for December 1973) for aid or assistance under a State plan (referred to in such sentence), and (2) such person continues to have the relationship with such individual described in such sentence and meets the other criteria (referred to in such sentence) with respect to a State plan (so referred to) as such plan was in effect for December 1973. Federal matching under title X IX of the Social Security Act shall be available for the medical assistance furnished to individuals eligible for such assistance under this section. PERSONS IN MEDICAL INSTITUTIONS

SEC. 231. For purposes of section 1902(a) (10) of the Social Security Act, any individual who, for all (or any part of) the month of ^2 USC i396a. December 1973— (1) was an inpatient in an institution qualified for reimbursement under title X IX of the Social Security Act, and

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PUBLIC LAW 93-66-JULY 9, 1973

[87 STAT.

(2)(A) would (except for his being an inpatient in such institution) have been eligible to receive aid or assistance under a 1465 ^'^*' ^'^^'*' State plan approved under title I, X, X IV, or X VI of such Act, or 42 "use 301, (B) was, on the basis of his need for care in such institution, 1201, 1351, 1382. considered to be eligible for aid or assistance under a State plan (referred to in subparagraph (A)) for purposes of determining his eligibility for medical assistance under a State plan approved 79 Stat. 343; under title X l X of such Act (whether or not such individual 42 USC 1396. actually received aid or assistance under a State plan referred to in subparagraph (A)), shall be deemed to be receiving such aid or assistance for such month and for each succeeding month in a continuous period of months if, for each month in such period— (3) such individual continues to be (for all of such month) an inpatient in such an institution and would (except for his being an inpatient in such institution) continue to meet the conditions of eligibility to receive aid or assistance under such plan (as such plan was in effect for December 1973), and (4) such individual is determined (under the utilization review and other professional audit procedures applicable to State plans approved under title X IX of the Social Security Act) to be in need of care in such an institution. Federal matching under title X IX of the Social Security Act shall be available for the medical assistance furnished to individuals eligible for such assistance under this section. BLIND A N D DISABLED MEDICALLY INDIGENT PERSONS

SEC. 232. For purposes of section 1902(a) (10) of the Social Security 42 USC 13 96a. j^^^^ ^^y individual who, for the month of December 1973 was eligible (under the provisions of subparagraph (B) of such section) for medical assistance by reason of his having been determined to meet the criteria for blindness or disability (established by a State plan approved under title I, X, X IV, or X VI of such Act), shall be deemed to be a person described as being a person who "would, if needy, be eligible for aid or assistance under any such State plan" in subparagraph (B)(i) of such section for each month in a continuous period of months (beginning with the month of January 1974), if, for each month in such period, such individual continues to meet the criteria for blindness or disability so established by such a State plan (as it was in effect for December 1973). Federal matching under title X IX of the Social Security Act shall be available for the medical assistance furnished to individuals eligible for such assistance under this section. EXTENSION

42 us^c U96^a note.

O F SECTION 2 4 9 E OF SOCIAL AMENDMENTS OF 19 7 2

^^c. 233. Section 249E of the Social Security Amendments of 1972 is amended by striking out "October 1974" and inserting in lieu thereof "July 1975". REPEAL o r

86 Stat. 1396. 42 USC 1396b

Effective'date".

SECURITY

SECTION 2 2 5 OF SOCIAL AMENDMENTS OF 19 7 2

SECURITY

SEC. 234. (a) Section 1903 of the Social Security Act is amended by striking out subsection (j) thereof (as added by section 225 of Public Law 92-603). (b) The amendment made by subsection (a) shall be applicable in the case of expenditures for skilled nursing services and for intermediate care facility services furnished in calendar quarters which begin after December 31, 1972.

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PUBLIC LAW 93-68-JULY 10, 1973

161

PART E—PROVISIONS KELATIXG TO O II L D ' S KSOOIAL SKCITRITY TxsuRANCK B E N E F I T S B E X E E I T S EOR ADOI'TE]) CHIl.DREN'

SEC. 240. (a) Section 202(d)(8)(D) (ii) of the Social Security Act is amended by striking out '"and" at the end thereof and inserting in lieu thereof "or ( III) if he is an individual referred to in either subparagraph (A) or subparagraph (B) and the child is the grandchild of such individual or his or her spouse, for the year immediately before the month in which such child files his or lier application for child's insurance benej&ts, and". (b) The amendment made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after the month in which this Act is enacted on the basis of applications for such benefits filed in or after the month in which this Act is enacted. Approved July 9, 1973.

86 Stat. 1346. 42 USC 402.

Effective date. 42 USC 4 0 1.

Public Law 93-67 AN ACT Authorizing further appropriations to the Secretary of the Interior for services necessary to the nonperforming arts functions of the John F. Kennedy Center for the Performing Arts, and for other purposes.

July 10, 1973 [S.1759]

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the second sen- Kinn^dy enter fence of subsection (e) of section 6 of the John F. Kennedy Center for the Performing Act (72 Stat. 1698), as amended, is amended to read as follows: """"ge'stat 222 "There are hereby authorized to be appropriated for the purpose of carrying out this subsection, not to exceed $2,400,000 for the fiscal year ending June 30, 1974, and $2,500,000 for the fiscal year ending June 30, 1975." Approved July 10, 1973. Public Law 93-68 AN ACT To extend the time for conducting the referendum with respect to the national marketing quota for wheat for the marketing year beginning July 1, 1974.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That section 336 of the Agricultural Adjustment Act of 1938, as amended, is amended by adding at the end thereof the following: "Notwithstanding any other provision hereof the referendum with respect to the national marketing quota for wheat for the marketing year beginning July 1, 1974, may be conducted not later than the earlier of the following: (1) thirty days after adjournment sine die of the first session of the Ninety-third Congress; or (2) October 15, 1973.". Approved July 10, 1973.

July 10, 1973 [S.1938]

Wheat. Marketing quots referendum. 84 Stat. 9 6 9. 7 USC 1336.

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[87

STAT.

Public Law 93-69 July 10, 1973 [H. R. 7200]

Railroads. Retirement a n n u i t i e s and tax rates. I n t e r s t a t e and i n t r a s t a t e rate adjustments. 60 Stat. 727; 75 Stat. 585. 45 USC 228b.

Employee retirement tax r a t e s, reduction. 73 Stat. 2 8; 80 Stat. 1078. 26 USC 3 2 0 1.

86 Stat. 1362, 1363.

68A Stat. 417; 86 Stat. 419, 1365. 80 Stat. 1088.

Employee representatives, tax. 73 Stat. 29; 80 Stat. 1078, 1088.

Employers, excise tax.

AN ACT To amend the Railroad Retirement Act of 1937 and the Railroad Retirement Tax Act to revise certain eligibility conditions for annuities; to change the railroad retirement tax rates; and to amend the Interstate Commerce Act in order to improve the procedures pertaining to certain rate adjustments for carriers subject to part I of the Act, and for other purposes.

Be it enacted by the Senate and House of Representatives United States of America in Congress assembled,

of the

TITLE I — R A I L R O A D RETIREMENT ACT AMENDMENTS SEC. 101. Section 2(a) of the Railroad Retirement Act of 1937 is amended— (1) by striking out "Women" in paragraph 2 and inserting in lieu thereof "Individuals"; (2) by striking out "Men who will have attained the age of sixty and will have completed thirty years of service, or individuals" in paragraph 3 and inserting in lieu thereof "Individuals"; and (3) by striking out "such men or" in paragraph 3 thereof. SEC. 102. (a) Section 3201 of the Internal Revenue Code of 1954 (relating to the rate of tax on employees under the Railroad Retirement Tax Act) is amended by striking out all that appears therein and inserting in lieu thereof the following: "In addition to other taxes, there is hereby imposed on the income of every employee a tax equal to the rate of the tax imposed with respect to wages by section 3101(a) of the Internal Revenue Code of 1954 plus the rate imposed by section 3101(b) of such Code of so much of the compensation paid to such employee for services rendered by him after September 30, 1973, as is not in excess of an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954 for any month after September 30, 1973." (b) Section 3202(a) of such Code is amended— (1) by striking out "1965" wherever it appears in the second sentence thereof and inserting in lieu thereof "1973"; (2) by striking out "(i) $450, or ( i i) " wherever it appears in the second sentence thereof; and (3) by striking out", whichever is greater," wherever it appears in the second sentence thereof. (c) Section 3211(a) of such Code (relating to the rate of tax on employee representatives under the Railroad Retirement Tax Act) is amended by striking out all that appears therein and inserting in lieu thereof the following: " (a) In addition to other taxes, there is hereby imposed on the income of each employee representative a tax equal to 9.5 percent plus the sum of the rates of tax imposed with respect to wages by sections 3101(a), 3101(b), 3111(a), 3111(b) of the Internal Revenue Code of 1954 of so much of the compensation paid to such employee representative for services rendered by him after September 30, 1973, as is not in excess of an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954 for any month after September 30, 1973." (d) Section 3221(a) of such Code (relating to the rate of tax on employers under the Railroad Retirement Tax Act) is amended by striking out " I n addition to other taxes" and all that follows to "except that" and inserting in lieu thereof the following:

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163

''In addition to other taxes, there is hereby imposed on every employer an excise tax, with respect to having individuals in his employ, equal to 9.5 percent of so much of the compensation paid by such employer for services rendered to him after September 30, 1973, as is, with respect to any employee for any calendar month, not in excess of an amount equal to one-twelfth of the current maximum annual taxable 'wages' as defined in section 3121 of the Internal Revenue Code of 1954 for any month after September 30, 1973;''. se^tt'Ti'g'^ll'es (e) Section 3221(a) of such Code, as amended by section 102(d) of 26 USC 3121. this Act, is further amended— (1) by striking out "1965" wherever it appears in the first sentence thereof and inserting in lieu thereof ''1973"; (2) by striking out "(1) $450, or ( i i) " wherever it appears in the first sentence thereof; and (3) by striking o u t ", whichever is greater," wherever it appears in the first sentence thereof. (f) Section 3221(b) of such Code is amended by striking out all ^^ Stat. 29. that appears therein and inserting in lieu thereof the following: "(b) The rate of tax imposed by subsection (a) shall be increased, with respect to compensation paid for services rendered after September 30, 1973, by the rate of tax imposed with respect to wages by section 3111(a) of the Internal Revenue Code of 1954 plus the rate imposed 86^stat^\"364^' by section 3111(b) of such Code." SEC. 103. (a) Section 6 of Public Law 91-377, as amended by section. Annuity i»-r»ii'T

r\

t n

•

p

1

1 1 1

•!•

LL -t

-. - increasc, terminav

8(c) or Public Law 92-46, is lurther amended by striking out.nine 30, tion date, exten1973" each time that date appears and inserting in lieu thereof ^^g"* "December 31, 1974''. as stat! 102. ' (b) Section 8(b) of Public Law 92-46 is amended by striking out 45 USC 228c "June 30, 1973" each time that date appears and inserting in lieu "°'^* thereof "December 31, 1974"'. (c) Section 5(b) of Public Law 92-460 is amended by striking out l\ Ascitic "June 30, 1973" each time that date appears and inserting in lieu note. thereof "December 31, 1974". SEC. 104. (a) Section 3(a) of the Raih-oad Retirement Act of 1937 g/VeV' is amended by inserting at the end thereof the following new 45 USC 228c. paragraph: "(6) If title II of the Social Security Act is amended to provide an ^^^2^^^^ " " " increase in benefits payable thereunder at any time during the period 42 USC 401. July 1, 1973, through December 31, 1974, the individual's annuity computed under the preceding provisions of this subsection and that part of subsection (e) of this section which precedes the first proviso shall be increased in an amount equal to the difference between (i^ the amount (before any reduction on account of age) which would be payable to such individual under the then current law if his or her annuity were computed under the first proviso of section 3(e) of this Act, without regard to the words 'plus 10 per centum of such amount' contained therein; and (ii) the amount (before any reduction on account of age) which would have been payable to such individual under the law as in effect prior to July 1, 1973, if his or her annuity had been computed under such first proviso of section 3(e) of this Act, without regard to the words 'plus 10 per centum of such total amount' contained therein (assuming for this purpose that the eligibility conditions and the proportions of the primary insurance amounts payable under the then current Social Security Act had been ^'^ "^^ ^^°^* in effect prior to July 1, 1973): Provided, however, That, in computing such amount, only the social security benefits which would have been payable to the individual whose annuity is being computed under this Act shall be taken into account: Provided further, That if an annuity accrues to an individual for a part of a month the added

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 164

42 USC 401. 45 USC 228b.

Spouse's annuity. 86 Stat. 765. 45 USC 228b.

Ante, p. 163.

45 USC 228b.

Survivor's an nuities. 86 Stat. 766. 45 USC 228e.

82 Stat. 1 9. 45 USC 2 2 8 c. Benefit i n creases.

PUBLIC LAW 93-69-JULY 10, 1973

[87

STAT.

amount payable for such part of a month under this section shall be one-thiitieth of the added amount payable under this section for an entire month, multiplied by the number of days in such part of a month. If wages or compensation prior to 1951 are used in making any computation required bjA this paragraph, the Railroad Retirement Board shall have the authority to approximate the primary insurance amount to be utilized in making such computation. I n making any computation required by this paragraph, any benefit to which an individual may be entitled under title II of the Social Security Act shall be disregarded. For purposes of this paragraph, individuals entitled to an annuity under section 2(a)(2) of this Act shall be deemed to be age 65, and individuals entitled to an annuity under section 2(a) (8) of this Act who have not attained age 62 shall be deemed to he age 62. Indi^dduals entitled to annuities under section 2(a)(4) or 2(a)(5) of this Act for whom no disability freeze has been granted shall be treated in the same manner for purposes of this paragraph as individuals entitled to annunities under section 2(a)(4) o r 2 (a)(5) for whom a disability freeze has been granted. I n the case of an individual who is entitled to an annuity under this Act but whose annuity is based on insuificient quarters of coverage to have a benefit computed, either actually or potentially, under the first proviso of section 8(e) of this Act, the average monthly wage to be used in determining the amount to be added to the annuity of such individual shall be equal to the average monthly compensation or the average monthly earnings, whichever is applicable, used to enter the table in section 8(a)(2) of such Act for purposes of computing other portions of such individual's annuity." (b) Section 2(e) of the Railroad Retirement Act of 1987 is amended— (1) by striking out "section 8(a), (8), (4), or (5) of this Act" and inserting in lieu thereof "section 3(a), (8), (4), (5), or (6) of this Act"; (2) by striking out the second sentence of the last paragraph; and (8) by adding at the end thereof the following new paragraph: "The spouse's annuity computed under the other provisions of this section shall (before any reduction on account of age) be increased in an amount determined by the method of computing increases set forth in subsection (a)(6) of section 8. The preceding sentence and the other provisions of this subsection shall not operate to increase the annuity of a spouse (before any reduction on account of age) to an amount in excess of the maximum amount of a spouse's annuity as provided in the first sentence of this subsection. This paragraph shall be disregarded in the application of the preceding three paragraphs." (c) Section 2(i) of the Railroad Retirement Act of 1987 is amended by striking out "the last paragraph plus the two preceding paragraphs" and inserting in lieu thereof "the last paragraph plus the three preceding paragraphs". (d) Section 5 of the Railroad Retirement Act of 1987 is amended by inserting at the end thereof the following new subsection: " (q) A survivor's annuity computed under the preceding provisions of this section shall be increased in an amount determined by the method of computing increases set forth in subsection (a)(6) of section 8: Provided, however, That in computing such an amount for a,n individual entitled to an annuity under subsection 5(a)(2), the 90.75 per centum figure appearing in the third paragraph of section 3(e) of this Act shall be deemed to be 82.5 per centum." SEC. 105. If title II of the Social Security Act is amended to provide an increase in benefits payable thereunder at any time during the period July 1, 1973, through December 31, 1974, the pension of each

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PUBLIC LAW 93-69-JULY 10, 1973

individual under section 6 of the Railroad Retirement Act of 1937 and the annuity of each individual under the Railroad Retirement Act of 1935 shall be increased in an amount determined by the method of computing increases set forth in subsection (a) of section 104 of this Act, deeming for this purpose the average monthly earnings (in the case of a pension) or the average monthly compensation (in the case of an annuity under the Railroad Retirement Act of 1935) which would be used to compute the basic amount if the individual were to die to be the average monthly wage. SEC. 106. All recertifications rec^uired by reason of the amendments made by sections 104 and 105 of this Act shall be made by the Railroad Retirement Board without application therefor. SEC. 107. (a) For the purpose of preparing ajid submitting the report provided for in subsection (c), it shall be the duty and responsibility of representatives of employees to designate (within the thirtyday period commencing on the date of enactment of this Act) and notify the Senate Committee on Labor and Public Welfare and the House Committee on Interstate and Foreign Commerce of the identity (by name and position) of the labor members, and of representatives of carriers to designate (within such thirty-day period) and notify such committees of the identity (by name and position) of the management member's, who shall compose the group authorized to prepare in their behalf, the report provided for in subsection (c). (b) The group so authorized to prepare the report provided for in subsection (c) shall— (1) hold such meetings (which shall not be less often than once each month) as may be necessary to assure that such report will be submitted within the time provided, and contain the material prescribed, under subsection (c); and (2) submit to such committees on September 1, 1973, November 1, 1973, and January 1, 1974, interim reports as to the progress being made toward completion of the report provided for in subsection (c); except that no such interim report shall be submitted after the submission of the report provided for in subsection (c). (c)(1) Not later than April 1, 1974, representatives of employees and representatives of carriers, acting through the group designated by them pursuant to subsection (a), shall submit to such committees a report containing their joint recommendations for restructuring the railroad retirement system in a manner which will assure the longterm actuarial soundness of such system, which recommendations shall take into account the specific recommendations of the Commission on Railroad Retirement. (2) The joint recommendations contained in such report shall be specific and shall be presented in the form of a draft bill. SEC. 108. The Congress hereby declares its intent to enact legislation in 1974, effective not later than January 1, 1975, which will assure the long-term actuarial soundness of the railroad retirement system. SEC. 109. (a) The amendments made by section 101 of this Act shall become effective on July 1, 1974: Provided, however. That those amendments shall not apply to individuals whose annuities began to accrue prior to that date. (b) The amendments made by section 102 of this Act shall become effective on October 1, 1973, and shall apply only with respect to compensation paid for services rendered on or after that date: Provided, however, That such amendments shall not be applicable to any dock company, common carrier railroad, or railway labor orgajiization described in section 1(a) of the Railroad Retirement Act of 1937, with respect to those of its employees covered as of October 1, 1973, by a private supplemental pension plan established through collective bargaining, where a moratorium in an agreement made on or before

50 Stat. 312. 45 USC 228f. 49 Stat. 967. 45 USC 215 note. Ante, p. 163.

Labor^nana^ement group, report; notice to congressional committees.

Progress reports.

Report to cong r e s s i o n a l committees.

Effective dates.

50 Stat. 307. 45 USC 228a.

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Effective date. Ante, p. 163.

42 USC 4 0 1. Citation of title.

PUBLIC LAW 93-69-JULY 10, 1973

[87 STAT.

March 8, 1973, is applicable to changes in rates of pay contained in the current collective-bargaining agreement covering such employees, until the earlier of (1) the date as of which such moratorium expires, or (2) the date as of which such dock company, common carrier railroad, or lailway labor organization agrees through collective bargaining to make the provisions of such amendments applicable. (c) The amendments made by sections 103 and 104 of this Act shall be effective on the enactment date of this Act: Provided, however, That any increases in annuities or pensions resulting from the provisions of sections 104 and 105 of this Act shall be effective on the same date or dates as the benefit increases under title II of the Social Security Act which gave rise to such annuity or pension increases are effective. SEC. 110. This title may be cited as the "Railroad Retirement Amendments of 1973". TITLE II — I N T E R S T A T E COMMERCE ACT AMENDMENTS

Rate increase petitions. 41 Stat. 488; 72 Stat. S72.

Ante, p. 162. 26 USC 3201, Supra. 80 Stat. 3 8 3.

Interim rates.

Public notice requirement.

Final rate determination, hearings.

SEC. 201. Section 15a of the Interstate Commerce Act (49 U.S.C. 15a) is amended by adding at the end thereof the following new paragraph: " (4)(a) The Commission shall by rule, on or before August 1, 1973, establish requirements for pdtitions for adjustment of interstate rates of common carriers subject to this part based upon increases in expenses of such carriers resulting from any increases in taxes under the Railroad Retirement Tax Act, as amended, occurring on or before January 1, 1975, or as a result of the enactment of the Railroad Retirement Amendments of 1973. Such requirements, established pursuant to section 553 of title 5 of the United States Code (with time for comment limited so as to meet the required date for establishment and isubject to future amendment or revocation), shall be designed to facilitate fair and expeditious action on any such petition as required in subparagraph (b) of this paragraph by disclosing such information as the amount needed in rate increases to offset such increases in expenses and the availability of means other than a rate increase by which the carrier might absorb or offset such increases in expenses. " (b) Notwithstanding any other provision of law, the Commission shall, within thirty days of the filing of a verified petition in accordance with rules promulgated under subparagraph (a) of this paragraph, by any carrier or group of carriers subject to this part, permit the establishment of increases in the general level of the interstate rates of said carrier or carriers in an amount approximating that needed to offset increases in expenses theretofore experienced or demonstrably certain to occur commencing on or before the effective date of the increased rates, as a result of any increases in taxes under the Railroad Retirement Tax Act, as amended, occurrinjsf on or before January 1, 1975, or as a. result of the enactment of the Railroad Retirement Amendments of 1973. Such increases in rates may be made effective on not more than thirty nor le«s than ten days' notice to the public, notwithstanding any outstanding orders of the Commission. To the extent necessary to effectuate their establishment, rates so increased shall be relieved from the provisions of section 4 of this part and may be published in tariff supplements of the kind ordinarily authorized in general increase proceedings. "(c) The Commission shall within sixty days from the date of establishment of interim rates under paragraph (4)(b) of this section commence hearings for the purpose of making the final rate determination. The Commission shall then proceed to make such final rate determination with the carrier having the burden of proof. In making such

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