Volume 89 · 433
Public Law 94–88
To amend the Tariff Schedules of the United States to provide duty free treatment to watches and watch movements manufactured in any Insular possession of the United States if foreign materials do not exceed 70 percent of the total value of such watches and movements, to amend child support provisions of title IV of the Social Security Act, and for other purposes.
Approved August 9, 1975
Statutory text
An Act
To amend the Tariff Schedules of the United States to provide duty free treatment to watches and watch movements manufactured in any Insular possession of the United States if foreign materials do not exceed 70 percent of the total value of such watches and movements, to amend child support provisions of title IV of the Social Security Act, and for other purposes.
Be it enacted by the Senate, and House, of Representatives of the United States of America in Congress assembled,
That general headnote
Certain watches and watch movements, duty suspension; Social Security Act, amendments.
3(a) (i) of the Tariff Schedules of the United States (19 U.S.C. 1202) is amended by inserting immediately after “50 percent of their total value” the following: “(or more than 70 percent of their total value with respect to watches and watch movements)”.
Sec. 2.
The amendment made by the first section of this Act shall apply with respect to articles entered, or withdrawn from warehouse, for consumption on or after the date of enactment of this Act.
TITLE II— AMENDMENTS RELATING TO SOCIAL SECURITY ACT
Sec. 201. temporary waivers of certain requirements for certain states
If the Governor of any State, which has an approved
Request, submittal.
State plan under part A of title IV of the Social Security Act, submits to the Secretary of Health, Education, and Welfare (hereinafter in this section referred to as the “Secretary”), a request that any provision of section 402(a) (26) of the Social Security Act or section
402(a) (27) of such Act not be made applicable to such State prior to a date specified in the request, (which shall not be later than June 30, 1976) and—
such request is accompanied by a certification, with respect to such provision, of the Governor that the State cannot implement such provision because of the lack of authority to do so under State law, and
such request fully explains the reasons why such provision cannot be implemented, and sets forth any provision of State law which impedes the implementation thereof,
the Secretary shall, if he is satisfied that such a waiver is justified, grant the waiver so requested.
During any period with respect to which a waiver, obtained under subsection (a) with respect to section 402(a) (26) (A) of the Social Security Act, is in effect with respect to any State, the provisions of section 454 (4) and (5) of such
Act shall be applied to such State in like manner as if the phrase “with respect to whom an assignment under section 402(a) (26) of this title is effective” did not appear therein, and the provisions of section 458 of such Act shall be applied
to such State in like manner as if the phrase “support rights assigned under section 402(a) (26)” read “child support obligations”.
Section 455 of the Social Security Act is amended to read as
Payments to States.
follows:
“Sec. 455.
From the sums appropriated therefor, the Secretary shall pay to each State for each quarter, beginning with the quarter commencing July 1, 1975, an amount—
“(1) equal to 75 percent of the total amounts expended by such State during such quarter for the operation of the plan approved
under section 454, and
“(2) equal to 50 percent of the total amounts expended by such State during such quarter for the operation of a plan which meets the conditions of section 454 except as is provided by a waiver by the Secretary which is granted pursuant to specific authority set forth in the law;
except that no amount shall be paid to any State on account of furnishing child support collection or paternity determination services (other than the parent locator services) to individuals under section 454(6) during any period beginning after June 30, 1976.”.
The Secretary shall from time to time, submit to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives, full and complete reports (the first of which shall not be later than September 15, 1975) regarding any requests which he has received for waivers under subsection (a) and any waivers granted by him under such subsection, and such reports shall include copies of all such requests for such waivers and any supporting documents submitted with or in connection with any such requests.
Sec. 202. protection against decrease in grants because of payment of support directly to the state
Section 402(a) of the Social Security Act is amended—
by striking out “and” at the end of paragraph (26);
by striking out the period at the end of paragraph (27) and inserting in lieu thereof “; and”; and
by adding after paragraph (27) the following new paragraph:
“(28) provide that, in determining the amount of aid to which an eligible family is entitled, any portion of the amounts collected in any particular month as child support pursuant to a plan
approved under part D, and retained by the State under section 457, which (under the State plan approved under this part as in effect both during July 1975 and during that particular month) would not have caused a reduction in the amount of aid paid to the family if such amounts had been paid directly to the family, shall be added to the amount of aid otherwise payable to such family under the State plan approved under this part.”.
Sec. 203. support assignments by recipients during transitional period
In the case of any State the law of which on August 1, 1975, meets the requirements of section 402(a) (26) (A) of the Social
Security Act, the requirements of such section shall be effective, with respect to individuals who are recipients on August 1, 1975, at such time as may be determined by the State agency, but not later than the time of the first redetermination of eligibility required after August 1, 1975, and in any event not later than February 1, 1976.
In the case of any State described in subsection (a), the provisions
of section 454 (4) and (5) of the Social Security Act shall, during the period beginning August 1, 1975, and ending December 31, 1975, be applied, with respect to all recipients of aid under the State plan of such State (approved under part A of title IV of such Act)
who have not made an assignment pursuant to section 402(a) (26) (A) of such Act, in the case of such State in like manner as if the phrase
“with respect to whom an assignment under section 402(a) (26) of this title is effective” did not appear therein, and the provisions of section 458 of such Act shall, during such period, be applied in the case of such State in like manner as if the phrase “support rights assigned under section 402(a) (26)” read “child support obligations”.
Sec. 204. removal of vendor payment limitation for child support
Section 403(a) of the Social Security Act is amended by
inserting before the period at the end thereof “or section 402(a) (26)”.
Sec. 205. authority for quarterly advances to states for child support programs
Section 455 of the Social Security Act (as added by
Estimate of payments.
Ante, p. 433.
the Social Services Amendments of 1974 and amended by section 201(c) of this Act) is amended by inserting “(a)” immediately after “Sec. 455.” and by adding at the end thereof the following new subsection:
“(b) (1) Prior to the beginning of each quarter, the Secretary shall estimate the amount to which a State will be entitled under subsection (a) for such quarter, such estimates to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection, and stating the amount appropriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State’s proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, and (B) such other investigation as the Secretary may find necessary.
“(2) The Secretary shall then pay, in such installments as he may determine, to the State the amount so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection.
“(3) Upon the making of any estimate by the Secretary under this subsection, any appropriations available for payments under this section shall be deemed obligated.”.
Sec. 206. payments to states for certain expenses incurred during july 1975
Notwithstanding any other provision of law, amounts
expended in good faith by any State (or by any of its political subdivisions) during July 1975 in employing and compensating staff personnel, leasing office space, purchasing equipment, or carrying out other organizational or administrative activities, in preparation for or implementation of the child support program under part D of title IV of the Social Security Act, shall be considered for purposes of section
455 of such Act (as amended by this Act), to the extent that payment for the activities involved would be made under such section (as so amended) if section 101 of the Social Services Amendments of 1974
had become effective on July 1, 1975, to have been expended by the State for the operation of the State plan or for the conduct of activities specified in such section (as so amended).
Sec. 207. safeguarding of information
Section 402(a) (9) of the Social Security Act (as amended
by the Social Services Amendments of 1974) is amended to read as follows:
“(9) provide safeguards which restrict the use of disclosure of information concerning applicants or recipients to purposes directly connected with (A) the administration of the plan of the State approved under this part, the plan or program of the State
42 USC 301, 1201, 1351, 1381, 1396, 1397.
42 USC 301, 1201, 1351, 1381, 1396, 1397.
under part B, C, or D of this title or under title I, X, XIV, XVI, XIX, or XX, or the supplemental security income program established by title XVI, (B) any investigation, prosecution, or criminal or civil proceeding conducted in connection with the administration of any such plan or program, and (C) the administration of any other Federal or federally assisted program which provides assistance, in cash or in kind, or services, directly to individuals on the basis of need; and the safeguards so provided shall prohibit disclosure, to any committee or a legislative body, of any information which identifies by name or address any such applicant or recipient;”.
Sec. 208. protection of child’s best interest
Section 402(a) (26) (B) of the Social Security Act (as
added by the Social Services Amendments of 1974) is amended by inserting immediately after “such applicant or such child” the following: “, unless (in either case) such applicant or recipient is found to have good cause for refusing to cooperate as determined by the State agency in accordance with standards prescribed by the Secretary, which standards shall take into consideration the best interests of the child on whose behalf aid is claimed;”.
Section 454(4) (A) of such Act (as so added) is amended by inserting after “such child,” the following: “unless the agency administering
the plan of the State under part A of this title determines in accordance with the standards prescribed by the Secretary’ pursuant to section 402(a) (26) (B) that it is against the best interests of the child to do so,”.
Section 454(4) (B) of such Act (as so added) is amended by inserting immediately after “other States” the following: “(unless the agency administering the plan of the State under part A of this title determines in accordance with the standards prescribed by the Secretary pursuant to section 402(a) (26) (B) that it is against the best interests of the child to do so)”.
The Secretary of Health, Education, and Welfare shall submit to the Congress any proposed standards authorized to be prescribed by him under section 402(a) (26) (B) of the Social Security Act (as added by the Social Services Amendments of 1974 and as amended by subsection (a) of this section). Such standards shall take effect at the end of the period which ends 60 days after such proposed standards are so submitted to such committees unless, within such period, either House of the Congress, adopts a resolution of disapproval.
For purposes of this subsection, the term “resolution” means only—
a concurrent resolution of the two Houses of the Congress, the matter after the resolving clause of which is as follows: “That the Congress does not approve the standards (as authorized under section 402(a) (26) (B) of the Social Security Act) transmitted to
the Congress on .”, the blank space being filled with the appropriate date; and
it resolution of either House of the Congress, the matter after the resolving clause of which is as follows: “That the does not approve the standards (as authorized under section 402 (a) (26) (B) of the Social Security Act) transmitted to the Congress on .”, with the first blank space being filled
with the name of the resolving House, and the second blank space being filled with the appropriate date.
The provisions of subsection (b), (c), (d), (e), and (f) of section 152 of the Trade Act of 1974 shall be applicable to resolutions
under this subsection, except that the “20 hours” referred to in subsections (d)(2) and (e)(2) of such section shall be deemed to read “4 hours”.
Sec. 209. technical amendment
Section 402(a) (27) is amended by striking out “States
have” and inserting in lieu thereof “State has”.
Sec. 210. effective date
The amendments made by this title shall, unless otherwise
specified therein, become effective August 1, 1975.
Approved August 9, 1975.