Skip to content
Congress Index

119th Congress

Menu

119th Congress

Title 42 — The Public Health and Welfare

Chapter 7 — Social Security

§ 1352. State plans for aid to permanently and totally disabled

Statutory text

(a)

A State plan for aid to the permanently and totally disabled must (1) except to the extent permitted by the Secretary with respect to services, provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be mandatory upon them; (2) provide for financial participation by the State; (3) either provide for the establishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan; (4) provide (A) for granting an opportunity for a fair hearing before the State agency to any individual whose claim for aid to the permanently and totally disabled is denied or is not acted upon with reasonable promptness, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing; (5) provide (A) such methods of administration (including methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary to be necessary for the proper and efficient operation of the plan, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees established by the State agency; (6) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports; (7) provide that no aid will be furnished any individual under the plan with respect to any period with respect to which he is receiving old-age assistance under the State plan approved under section 302 of this title, assistance under a State program funded under part A of subchapter IV, or aid to the blind under the State plan approved under section 1202 of this title; (8) provide that the State agency shall, in determining need, take into consideration any other income and resources of an individual claiming aid to the permanently and totally disabled, as well as any expenses reasonably attributable to the earning of any such income; except that, in making such determination, (A) the State agency may disregard not more than $7.50 of any income, (B) of the first $80 per month of additional income which is earned the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and (C) the State agency may, for a period not in excess of 36 months, disregard such additional amounts of other income and resources, in the case of an individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan, but only with respect to the part or parts of such period during substantially all of which he is actually undergoing vocational rehabilitation; (9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan; (10) provide that all individuals wishing to make application for aid to the permanently and totally disabled shall have opportunity to do so, and that aid to the permanently and totally disabled shall be furnished with reasonable promptness to all eligible individuals; (11) effective , provide, if the plan includes payments to individuals in private or public institutions, for the establishment or designation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such institutions; (12) provide a description of the services (if any) which the State agency makes available (using whatever internal organizational arrangement it finds appropriate for this purpose) to applicants for and recipients of aid to the permanently and totally disabled to help them attain self-support or self-care, including a description of the steps taken to assure, in the provision of such services, maximum utilization of other agencies providing similar or related services; and (13) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1320b–7 of this title.

(b)

The Secretary shall approve any plan which fulfills the conditions specified in subsection (a), except that he shall not approve any plan which imposes, as a condition of eligibility for aid to the permanently and totally disabled under the plan—

(1)

Any residence requirement which excludes any resident of the State who has resided therein five years during the nine years immediately preceding the application for aid to the permanently and totally disabled and has resided therein continuously for one year immediately preceding the application;

(2)

Any citizenship requirement which excludes any citizen of the United States.

At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this subchapter.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Pub. L. 81–531 · 64 Stat. 404

    Enacted · 42 U.S.C. § 1352

    Aug. 14, 1935, ch. 531, title XIV, § 1402, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 555

    Source evidence

    Code source credit
    Aug. 14, 1935, ch. 531, title XIV, § 1402, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 555

  2. Public Law not identified

    Added · 42 U.S.C. § 1352(a)(12)

    Subsec. (a)(12). Act Aug. 1, 1956, added cl. (12)

    Unresolved: No Public Law or Statutes at Large citation in the Code source.

    Source evidence

    Code amendment note
    Subsec. (a)(12). Act Aug. 1, 1956, added cl. (12).

  3. Pub. L. 87–543 § 104(a)(3)(I) · 76 Stat. 172

    Substituted · 42 U.S.C. § 1352(a)(7)

    Pub. L. 87–543, § 104(a)(3)(I), substituted “aid to families with dependent children” for “aid to dependent children”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 87–543, § 104(a)(3)(I), substituted “aid to families with dependent children” for “aid to dependent children”.

    Enacted provision · exact public law section
    (I) section 1402(a)(7).

  4. Pub. L. 87–543 § 106(a)(3) · 76 Stat. 172

    Inserted · 42 U.S.C. § 1352(a)(8)

    Pub. L. 87–543, § 106(a)(3), inserted “, as well as any expenses reasonably attributable to the earning of any such income”

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 87–543, § 106(a)(3), inserted “, as well as any expenses reasonably attributable to the earning of any such income”.

    Enacted provision · exact public law section
    (3) Section 1402(a)(8) of such Act is amended by inserting before the semicolon at the end thereof “, as well as any expenses reasonably attributable to the earning of any such income”.

  5. Social Security Amendments of 1965

    Pub. L. 89–97 title IV § 403(d) · 79 Stat. 288

    Inserted · 42 U.S.C. § 1352(a)(8)

    Pub. L. 89–97 inserted exception prohibiting disregard by State in making its determination of need of more than $5 of any income or of more than the first $20 of the first $80 per month of additional income which is earned and allowing disregard, for a period not in excess of 36 months, of such additional amounts of other income and resources as may be necessary to the fulfillment of approved plan for achieving self-support but only as to the part or parts of such period during substantially all of which he is actually undergoing vocational rehabilitation

    Source evidence

    Code amendment note
    Subsec. (a)(8). Pub. L. 89–97 inserted exception prohibiting disregard by State in making its determination of need of more than $5 of any income or of more than the first $20 of the first $80 per month of additional income which is earned and allowing disregard, for a period not in excess of 36 months, of such additional amounts of other income and resources as may be necessary to the fulfillment of approved plan for achieving self-support but only as to the part or parts of such period during substantially all of which he is actually undergoing vocational rehabilitation.

    Enacted provision · exact public law section
    (d) Effective October 1, 1965, section 1402(a)(8) of such Act is amended by inserting after the semicolon at the end thereof the following: “except that, in making such determination, (A) the State agency may disregard not more than $5 of any income, (B) of the first $80 per month of additional income which is earned the State agency may disregard not more than the first $20 thereof plus one-half of the remainder, and (C) the State agency may, for a period not in excess of 36 months, disregard such additional amounts of other income and resources, in the case of an individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan, but only with respect to the part or parts of such period during substantially all of which he is actually undergoing vocational rehabilitation;”.

  6. Social Security Amendments of 1967

    Pub. L. 90–248 § 210(a)(4) · 81 Stat. 821

    1. Amended · 42 U.S.C. § 1352(a)(5)

      Pub. L. 90–248, § 210(a)(4), designated existing provisions as subcl. (A)

    2. Added · 42 U.S.C. § 1352(a)(5)

      Pub. L. 90–248, § 210(a)(4), added subcl. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(5). Pub. L. 90–248, § 210(a)(4), designated existing provisions as subcl. (A) and added subcl. (B).

    Enacted provision · exact public law section
    (4) Section 1402 (a)(5) of such Act is amended by— (A) striking out “provide” and inserting in lieu thereof “provide (A)”;and (B) adding at the end thereof before the semicolon the following: “, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing service to applicants and recipients and in assisting any advisory committees established by the State agency”.

  7. Social Security Amendments of 1967

    Pub. L. 90–248 title II · 81 Stat. 821

    Changed · 42 U.S.C. § 1352(a)(8)(A)

    Pub. L. 90–248 § 213(a)(3), increased from $5 to $7.50 limitation on amount of any income which the State may disregard in making its determination of need

    Source evidence

    Code amendment note
    Subsec. (a)(8)(A). Pub. L. 90–248 § 213(a)(3), increased from $5 to $7.50 limitation on amount of any income which the State may disregard in making its determination of need.

    Enacted provision · exact public law
    TITLE II— PUBLIC WELFARE AMENDMENTS Part 1— Public Assistance Amendments Sec. 201. programs of services furnished to families with dependent children (a) (1) Section 402(a) of the Social Security Act (as amended by section 202(a) of this Act) is amended by— Post, p. 881. (A) striking out “and” at the end of clause (13); (B) striking out clause (14), including the period at the end thereof, and inserting in lieu thereof the following: “(14) provide for the development and application of a program for such family services, as defined in section 406(d), and child-welfare Post, p. 880. services, as defined in section 425, for each child and relative who Post, p. 914. receives aid to families with dependent children, and each appropriate individual (living in the same home as a relative and child receiving such aid whose needs are taken into account in making the determination under clause (7)), as may be necessary in the light of the particular home conditions and other needs of such child, relative, and individual, in order to assist such child, relative, and individual to attain or retain capability for self-support and care and in order to maintain and strengthen family life and to foster child development;”; and (C) adding after clause (14) the following new clauses: “(15) provide— “(A) for the development of a program for each appropriate relative and dependent child receiving aid under the plan, and each appropriate individual (living in the same home as a relative and child receiving such aid) whose needs are taken into account in making the determination under clause (7), with the objective of— “(i) assuring, to the maximum extent possible, that such relative, child, and individual will enter the labor force and accept employment so that they will become self-sufficient, and “(ii) preventing or reducing the incidence of births out of wedlock and otherwise strengthening family life, “(B) for the implementation of such programs by— “(i) assuring that such relative, child, or individual who is referred to the Secretary of Labor pursuant to clause (19) is furnished child-care services and that in all appropriate cases family planning services are offered them, and “(ii) in appropriate cases, providing aid to families with dependent children in the form of payments of the types described in section 406(b)(2), and “(C) that the acceptance by such child, relative, or individual of family planning services provided under the plan shall be voluntary on the part of such child, relative, or individual and shall not be a prerequisite to eligibility for or the receipt of any other service or aid under the plan, “(D) for such review of each such program as may be necessary (as frequently as may be necessary, but at least once a year) to insure that it is being effectively implemented, “(E) for furnishing the Secretary with such reports as he may specify showing the results of such programs, and “(F) to the extent that such programs under this clause or clause (14) are developed and implemented by services furnished by the staff of the State agency or the local agency administering the State plan in each of the political subdivisions of the State, for the establishment of a single organizational unit in such State or local agency, as the case may be, responsible for the furnishing of such services; (16) provide that where the State agency has reason to believe that the home in which a relative and child receiving aid reside is unsuitable for the child because of the neglect, abuse, or exploitation of such child it shall bring such condition to the attention of the appropriate court or law enforcement agencies in the State, providing such data with respect to the situation it may have; (17) provide— “(A) for the development and implementation of a program under which the State agency will undertake— “(i) in the case of a child born out of wedlock who is receiving aid to families with dependent children, to establish the paternity of such child and secure support for him, and “(ii) in the case of any child receiving such aid who has been deserted or abandoned by his parent, to secure support for such child from such parent (or from any other person legally liable for such support), utilizing any reciprocal arrangements adopted with other States to obtain or enforce court orders for support, and “(B) for the establishment of a single organizational unit in the State agency or local agency administering the State plan in each political subdivision which will be responsible for the administration of the program referred to in clause (A); (18) provide for entering into cooperative arrangements with appropriate courts and law enforcement officials (A) to assist the State agency in administering the program referred to in clause (17)(A), including the entering into of financial arrangements with such courts and officials in order to assure optimum results under such program, and (B) with respect to any other matters of common concern to such courts or officials and the State agency or local agency administering the State plan.” (2) Section 402(a)(13) of such Act (as redesignated by section 202(a) of this Act) is amended by striking out “(if any)”. Post, p. 881. (b) Section 402 of such Act is amended by adding at the end thereof the following new subsection: “(c) The Secretary shall, on the basis of his review of the reports received from the States under clause (15) of subsection (a), compile such data as he believes necessary and from time to time publish his findings as to the effectiveness of the programs developed and administered by the States under such clause. The Secretary shall annually Report to Congress. report to the Congress (with the first such report being made on or before July 1, 1970) on the programs developed and administered by each State under such clause (15).” (c) Section 403(a)(3) of such Act is amended by striking out subparagraphs 76 Stat. 175. 42 USC 603. (A) and (B) and inserting in lieu thereof the following: “(A) 75 per centum of so much of such expenditures as are for— “(i) any of the. services described in clauses (14) and (15) of section 402(a) which are provided to any child Ante, p. 877. or relative who is receiving aid under the plan, or to any other individual (living in the same home as such relative and child) whose needs are taken into account in making the determination under clause (7) of such section, “(ii) any of the services described in clauses (14) and (15) of section 402(a) which are provided to any child or relative who is applying for aid to families with dependent children or who, within such period or periods as the Secretary may prescribe, has been or is likely to become an applicant for or recipient of such aid, or “(iii) the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus”. (d) Section 403(a)(3) of such Act is further amended— (1) (A) by redesignating subparagraphs (C), (D), and (E) as subparagraphs (B), (C), and (D), respectively, (B) by striking out “subparagraph (E)” in subparagraph (C)(as so redesignated) and inserting in lieu thereof “subparagraph (D)”, and (C) by striking out “subparagraph (D)” in the matter following subparagraph (D)(as so redesignated) and inserting in lieu thereof “subparagraph (C)”; (2) by striking out “subparagraphs (A) and (B)” in the sentence following subparagraph (B)(as redesignated by paragraph (1) of this subsection) and inserting in lieu thereof “subparagraph (A)”; (3) by inserting before the period at the end of the sentence following subparagraph (B)(as redesignated by paragraph (1) of this subsection) the following: “; and except that, to the extent specified by the Secretary, child-welfare services, family planning services, and family services may be provided from sources other than those referred to in subparagraphs (C) and (D)”; and (4) by striking out “subparagraphs (B) and (C) apply” in the last sentence and inserting in lieu thereof “subparagraph (B) applies”. (e) (1) Section 403(c) of such Act is repealed. (2) Section 403(a)(3) of such Act is amended by striking out “whose State plan approved under section 402 meets the requirements of subsection (c)(1)”, and by striking out “; and” at the end and inserting in lieu thereof a period. (3) Section 403 (a)(4) of such Act is repealed. (4) Section 408(d) of such Act is amended by striking out “and (4)”. (f) Section 406 of such Act is amended by adding at the end thereof the following new subsection: “(d) The term ‘family services’ means services to a family or any member thereof for the purpose of preserving, rehabilitating, reuniting, or strengthening the family, and such other services as will assist members of a family to attain or retain capability for the maximum self-support and personal independence.” (g) (1) The amendments made by subsections (a), (b), (d), (e), and (f) of this section shall be effective July 1, 1968 (or earlier if the State plan so provides); except that (A) if on the date of enactment of this Act the agency of a State referred to in section 402(a)(3) 42 USC 602. of the Social Security Act is different from the agency of such State responsible for administering the plan for child-welfare services developed pursuant to part B of title IV of the Social Security Act, the provisions of section 402(a)(15)(F) of such Act (added thereto by subsection (a) of this section) shall not apply with respect to such agencies but only so long as such agencies of the State are different, and (B) if on such date the local agency administering the plan of a Post, p. 911. State under part A of title IV of such Act in a political subdivision is different from the local agency in such subdivision administering the State’s plan for child-welfare services developed pursuant to part B of title IV of such Act, the provisions of such section 402(a)(15)(F) shall not apply with respect to such agencies but only so long as such local agencies are different. (2) The amendment made by subsection (c) shall apply with respect to services furnished after June 30, 1968, or furnished after such earlier date as the State plan may provide with respect to the amendment made by paragraph (1) of this subsection. (h) Notwithstanding subparagraph (A) of section 403(a)(3) of the Social Security Act (as amended by subsection (c) of this section), the rate specified in such subparagraph in the case of any State shall be 85 per centum (rather than 75 per centum) with respect to expenditures, for services furnished pursuant to clauses (14) and (15) of Ante, p. 877. section 402(a) of such Act, made on or after the date of enactment of this Act, and prior to July 1, 1969. Sec. 202. earnings exemption for recipients of aid to families with dependent children (a) Clauses (8) through (13) of section 402(a) of the Social Security Act are redesignated as clauses (9) through (14), 53 Stat. 1379; 76 Stat. 185. 42 USC 602. respectively. (b) Effective July 1, 1969, section 402(a) of such Act is amended by striking out clause (7) and inserting in lieu thereof the following: “(7) except as may be otherwise provided in clause (8), provide that the State agency shall, in determining need, take into consideration any other income and resources of any child or relative claiming aid to families with dependent children, or of any other individual (living in the same home as such child and relative) whose needs the State determines should be considered in determining the need of the child or relative claiming such aid, as well as any expenses reasonably attributable to the earning of any such income; (8) provide that, in making the determination under clause (7), the State agency— “(A) shall with respect to any month disregard— “(i) all of the earned income of each dependent child receiving aid to families with dependent children who is (as determined by the State in accordance with standards prescribed by the Secretary) a full-time student or part-time student who is not a full-time employee attending a school, college, or university, or a course of vocational or technical training designed to fit him for gainful employment, and “(ii) in the case of earned income of a dependent child not included under clause (i), a relative receiving such aid, and any other individual (living in the same home as such relative and child) whose needs are taken into account in making such determination, the first $30 of the total of such earned income for such month plus one-third of the remainder of such income for such month; and “(B) (i) may, subject to the limitations prescribed by the Secretary, permit all or any portion of the earned or other income to be set aside for future identifiable needs of a dependent child, and (ii) may, before disregarding the amounts referred to in subparagraph (A) and clause (i) of this subparagraph, disregard not more than $5 per month of any income; except that, with respect to any month, the State agency shall not disregard any earned income (other than income referred to in subparagraph (B)) of— “(C) any one of the persons specified in clause (ii) of subparagraph (A) if such person— “(i) terminated his employment or reduced his earned income without good cause within such period (of not less than 30 days) preceding such month as may be prescribed by the Secretary; or “(ii) refused without good cause, within such period preceding such month as may be prescribed by the Secretary, to accept employment in which he is able to engage which is offered through the public employment offices of the State, or is otherwise offered by an employer if the offer of such employer is determined by the State or local agency administering the State plan, after notification by him, to be a bona fide offer of employment; or “(D) any of such persons specified in clause (ii) of subparagraph (A) if with respect to such month the income of the persons so specified (within the meaning of clause (7)) was in excess of their need as determined by the State agency pursuant to clause (7)(without regard to clause (8)), unless, for any one of the four months preceding such month, the needs of such persons were met by the furnishing of aid under the plan;”. (c) A State whose plan under section 402 of the Social Security Act has been approved by the Secretary shall not be deemed to have failed to comply substantially with the requirements of section 402(a)(7) of such Act (as in effect prior to July 1, 1969) for any period beginning after December 31, 1967, and ending prior to July 1, 1969, if for such period the State agency disregards earned income of the individuals involved in accordance with the requirements specified in Ante, p. 881. section 402(a)(7) and (8) of such Act as amended by this Act. (d) Effective with respect to quarters beginning after June 30, 1968, in determining the need of individuals claiming aid under a State plan approved under part A of title IV of the Social Security Post, p. 911. Act, the State shall apply the provisions of such part notwithstanding any provisions of law (other than such Act) requiring the State to disregard earned income of such individuals in determining need under such State plan. Sec. 203. dependent children of unemployed fathers (a) Section 407 of the Social Security Act is amended to read as follows: “Sec. 407. “dependent children on unemployed fathers (a) The term ‘dependent child’ shall, notwithstanding section 406(a), include a needy child who meets the requirements of section 406(a)(2), who has been deprived of parental support or care by reason of the unemployment (as determined in accordance with standards prescribed by the Secretary) of his father, and who is living with any of the relatives specified in section 406(a)(1) in a place of residence, maintained by one or more of such relatives as his (or their) own home. “(b) The provisions of subsection (a) shall be applicable to a State if the State’s plan approved under section 402— “(1) requires the payment of aid to families with dependent children with respect to a dependent child as defined in subsection (a) when— “(A) such child’s father has not been employed (as determined in accordance with standards prescribed by the Secretary) for at least 30 days prior to the receipt of such aid, “(B) such father has not without good cause, within such period (of not less than 30 days) as may be prescribed by the Secretary, refused a bona fide offer of employment or training for employment, and “(C) (i) such father has 6 or more quarters of work (as defined in subsection (d)(1)) in any 13-calendar-quarter period ending within one year prior to the application for such aid or (ii) he received unemployment compensation under an unemployment compensation law of a State or of the United States, or he was qualified (within the meaning of subsection (d)(3)) for unemployment compensation under the unemployment compensation law of the State, within one year prior to the application for such aid; and “(2) provides— “(A) for such assurances as will satisfy the Secretary that fathers of dependent children as defined in subsection (a) will be referred to the Secretary of Labor as provided in sec-tion 402(a)(19) within thirty days after receipt of aid Post, p. 890. with respect to such children; “(B) for entering into cooperative arrangements with the State agency responsible for administering or supervising the administration of vocational education in the State, designed to assure maximum utilization of available public vocational education services and facilities in the State in order to encourage the retraining of individuals capable of being retrained; and “(C) for the denial of aid to families with dependent children to any child or relative specified in subsection (a) if, and for as long as, such child’s father— “(i) is not currently registered with the public employment offices in the State, or “(ii) receives unemployment compensation under an unemployment compensation law of a State or of the United States. “(c) Notwithstanding any other provisions of this section, expenditures pursuant to this section shall be excluded from aid to families with dependent children (A) where such expenditures are made under the plan with respect to any dependent child as defined in subsection (a), (i) for any part of the 30-day period referred to in subparagraph (A) of subsection (b)(1), or (ii) for any period prior to the time when the father satisfies subparagraph (B) of such subsection, and (B) if, and for as long as, no action is taken (after the 30-day period referred to in subparagraph (A) of subsection (b)(2)), under the program therein specified, to refer such father to the Secretary of Labor pursuant to section 402(a)(19). “(d) For purposes of this section— “(1) the term “quarter of work’ with respect to any individual “Quarter of work. ” means a calendar quarter in which such individual received earned income of not less than $50 (or which is a ‘quarter of coverage’ as defined in section 213(a)(2)), or in which such individual participated 42 USC 413. in a community work and training program under section 409 or any other work and training program subject to the limitations in section 409, or the work incentive program established 76 Stat. 186. 42 USC 609. Post, p. 884. “Calendar quarter.” under part C; “(2) the term ‘calendar quarter’ means a period of 3 consecutive calendar months ending on March 31, June 30, September 30, or December 31; and “(3) an individual shall be deemed qualified for unemployment compensation under the State’s unemployment compensation law if— “(A) he would have been eligible to receive such unemployment compensation upon filing application, or “(B) he performed work not covered under such law and such work, if it had been covered, would (together with any covered work he performed) have made him eligible to receive such unemployment compensation upon filing application.” (b) In the case of an application for aid to families with dependent children under a State plan approved under section 402 of such Act with respect to a dependent child as defined in section 407(a) of such Act (as amended by this section) within 6 months after the effective date of the modification of such State plan which provides for payments in accordance with section 407 of such Act as so amended, the father of such child shall be deemed to meet the requirements of subparagraph (C) of section 407(b)(1) of such Act (as so amended) if at any time after April 1961 and prior to the date of application such father met the requirements of such subparagraph (C). For purposes of the preceding sentence, an individual receiving aid to families with dependent children (under section 407 of the Social Security Act as in effect before the enactment of this Act) for the last month ending before the effective date of the modification referred to in such sentence shall be deemed to have filed application for such aid under such Ante, p. 882. section 407 (as amended by this section) on the day after such effective date. (c) The amendment made by subsection (a) shall be effective January 1, 1968; except that no State which had in operation a program of aid with respect to children of unemployed parents under section 407 of the Social Security Act (as in effect prior to such amendment) in the calendar quarter commencing October 1, 1967, shall be required to include any additional child or family under its State 42 USC 602. plan approved under section 402 of such Act, by reason of the enactment of such amendment, prior to July 1, 1969. Sec. 204. work incentive program for recipients of aid under part a of title iv (a) Title IV of the Social Security Act is amended by inserting after part B (hereinafter added to such title by section 240 Post, p. 911. of this Act) the following material: “Part C— Work Incentive Program for Recipients of Aid Under State Plan Approved Under Part A “Sec. 430. “purpose The purpose of this part is to require the establishment of a program utilizing all available manpower services, including those authorized under other provisions of law, under which individuals receiving aid to families with dependent children will be furnished incentives, opportunities, and necessary services in order for (1) the employment of such individuals in the regular economy, (2) the training of such individuals for work in the regular economy, and (3) the participation of such individuals in special work projects, thus restoring the families of such individuals to independence and useful roles in their communities. It is expected that the individuals participating in the program established under this part will acquire a sense of dignity, self-worth, and confidence which will flow from being recognized as a wage-earning member of society and that the example of a working adult in these families will have beneficial effects on the children in such families. “Sec. 431. “appropriation There is hereby authorized to be appropriated to the Secretary of Health, Education, and Welfare for each fiscal year a sum sufficient to carry out the purposes of this part. The Secretary of Health, Education, and Welfare shall transfer to the Secretary of Labor from time to time sufficient amounts, out of the moneys appropriated pursuant to this section, to enable him to carry out such purposes. “Sec. 432. “establishment of programs (a) The Secretary of Labor (hereinafter in this part referred to as the Secretary) shall, in accordance with the provisions of this part, establish work incentive programs (as provided for in subsection (b)) in each State and in each political subdivision of a State in which he determines there is a significant number of individuals who have attained age 16 and are receiving aid to families with dependent children. In other political subdivisions, he shall use his best efforts to provide such programs either within such subdivisions or through the provision of transportation for such persons to political subdivisions of the State in which such programs are established. “(b) Such programs shall include, but shall not be limited to, (1) a program placing as many individuals as is possible in employment, and utilizing on-the-job training positions for others, (2) a program of institutional and work experience training for those individuals for whom such training is likely to lead to regular employment, and (3) a program of special work projects for individuals for whom a job in the regular economy cannot be found. “(c) In carrying out the purposes of this part the Secretary may make grants to, or enter into agreements with, public or private agencies or organizations (including Indian tribes with respect to Indians on a reservation), except that no such grant or agreement shall be made to or with a private employer for profit or with a private non-profit employer not organized for a public purpose for purposes of the work experience program established by clause (2) of subsection (b). “(d) Using funds appropriated under this part, the Secretary, in order to carry out the purposes of this part, shall utilize his authority under the Manpower Development and Training Act of 1962, the Act 76 Stat. 23. 42 USC 2571 note. 29 USC 49–49k. of June 6, 1933, as amended (48 Stat. 113), and other Acts, to the extent such authority is not inconsistent with this Act. “(e) The Secretary shall take appropriate steps to assure that the present level of manpower services, available under the authority of other statutes to recipients of aid to families with dependent children is not reduced as a result of programs under this part. “Sec. 433. “operation of program (a) The Secretary shall provide a program of testing and counseling for all persons referred to him by a State, pursuant to section 402, and shall select those persons whom he finds suitable for the programs established by clauses (1) and (2) of section 432(b). Those not so selected shall be deemed suitable for the program established by clause (3) of such section 432(b) unless the Secretary finds that there is good cause for an individual not to participate in such program. “(b) The Secretary shall develop an employability plan for each suitable person referred to him under section 402 which shall describe 42 USC 602. the education, training, work experience, and orientation which it is determined that each such person needs to complete in order to enable him to become self-supporting. “(c) The Secretary shall make maximum use of services available from other Federal and State agencies and, to the extent not otherwise available on a nonreimbursable basis, he may reimburse such agencies for services rendered to persons under this part. “(d) To the extent practicable and where necessary, work incentive programs established by this part shall include, in addition to the regular counseling, testing, and referral available through the Federal-State Employment Service System, program orientation, basic education, training in communications and employability skills, work experience, institutional training, on-the-job training, job development, and special job placement and follow up services, required to assist participants in securing and retaining employment and securing possibilities for advancement. “(e) (1) In order to develop special work projects under the program established by section 432(b) (3), the Secretary shall enter into agreements with (A) public agencies, (B) private nonprofit organizations established to serve a public purpose, and (C) Indian tribes with respect to Indians on a reservation, under which individuals deemed suitable for participation in such a program will be provided work which serves a useful public purpose and which would not otherwise be performed by regular employees. “(2) Such agreements shall provide— “(A) for the payment by the Secretary to each employer a portion of the wages to be paid by the employer to the individuals for the work performed; “(B) the hourly wage rate and the number of hours per week individuals will be scheduled to work on special work projects of such employer; “(C) that the Secretary will have such access to the premises of the employer as he finds necessary to determine whether such employer is carrying out his obligations under the agreement and this part; and “(D) that the Secretary may terminate any agreement under this subsection at any time. “(3) The Secretary shall establish one or more accounts in each State with respect to the special work projects established and maintained pursuant to this subsection and place into such accounts the amounts paid to him by the State agency pursuant to section 402(a)(19)(E). Post, p. 890. The amounts in such accounts shall be available for the payments specified in subparagraph (A) of paragraph (2). At the end of each fiscal year and for such period of time as he may establish, the Secretary shall determine how much of the amounts paid to him by the State agency pursuant to section 402(a)(19)(E) were not expended as provided by the preceding sentence of this paragraph and shall return such unexpended amounts to the State, which amounts shall be regarded as overpayments for purposes of section 403(b)(2). “(4) No wage rates provided under any agreement entered into under this subsection shall be lower than the applicable minimum wage for the particular work concerned. “(f) Before entering into a project under any of the programs established by this part, the Secretary shall have reasonable assurances that— “(1) appropriate standards for the health, safety, and other conditions applicable to the performance of work and training on such project are established and will be maintained, “(2) such project will not result in the displacement of employed workers, “(3) with respect to such project the conditions of work, training, education, and employment are reasonable in the light of such factors as the type of work, geographical region, and proficiency of the participant, “(4) appropriate workmen’s compensation protection is provided to all participants. “(g) Where an individual, referred to the Secretary of Labor pursuant to section 402 (a)(19)(A)(i) and (ii) refuses without good cause to accept employment or participate in a project under a program established by this part, the Secretary of Labor shall (after providing opportunity for fair hearing) notify the State agency which referred such individual and submit such other information as he may have with respect to such refusal. “(h) With respect to individuals who are participants in special work projects under the program established by section 432(b)(3), the Secretary shall periodically (but at least once every six months) review the employment record of each such individual while on such special work project and on the basis of such record and such other information as he may acquire determine whether it would be feasible to place such individual in regular employment or on any of the projects under the programs established by section 432(b)(1) and (2). “Sec. 434. “incentive payment The Secretary is authorized to pay to any participant under a program established by section 432(b)(2) an incentive payment of not more than $30 per month, payable in such amounts and at such times as the Secretary prescribes. “Sec. 435. “federal assistance (a) Federal assistance under this part shall not exceed 80 per centum of the costs of carrying out this part. Non-Federal contributions may be cash or in kind, fairly evaluated, including but not limited to plant, equipment, and services. “(b) Costs of carrying out this part include costs of training, supervision, materials, administration, incentive payments, transportation, and other items as are authorized by the Secretary, but may not include any reimbursement for time spent by participants in work, training, or other participation in the program; except that with respect to special work projects under the program established by section 432(b)(3), the costs of carrying out this part shall include only the costs of administration. “Sec. 436. “period of enrollment (a) The program established by section 432(b)(2) shall be designed by the Secretary so that the average period of enrollment under all projects under such program throughout any area of the United States will not exceed one year. “(b) Services provided under this part may continue to be provided to an individual for such period as the Secretary determines (in accordance with regulations prescribed by the Secretary after consultation with the Secretary of Health, Education, and Welfare) is necessary to qualify him fully for employment even though his earnings disqualify him from aid under a State plan approved under section 402. 42 USC 602. “Sec. 437. “relocation of participants The Secretary may assist participants to relocate their place of residence when he determines such relocation is necessary in order to enable them to become permanently employable and self-supporting. Such assistance shall be given only to participants who concur in their relocation and who will be employed at their place of relocation at wage rates which will meet, at least their full need as determined by the State to which they will be relocated. Assistance under this section shall not exceed the reasonable costs of transportation for participants, their dependents, and their household belongings plus such relocation allowance as the Secretary determines to be reasonable. “Sec. 438. “participants not federal employees Participants in projects under programs established by this part shall be deemed not to be Federal employees and shall not be subject to the provisions of laws relating to Federal employment, including those relating to hours of work, rates of compensation, leave, unemployment compensation, and Federal employee benefits. “Sec. 439. “rules and regulations The Secretary may issue such rules and regulations as he finds necessary to carry out the purposes of this part: Provided, That in developing policies for programs established by this part the Secretary shall consult with the Secretary of Health, Education, and Welfare. “Sec. 440. “annual report The Secretary shall annually report to the Congress (with the first such report being made on or before July 1, 1970) on the work incentive programs established by this part. “Sec. 441. “evaluation and research The Secretary shall (jointly with the Secretary of Health, Education, and Welfare) provide for the continuing evaluation of the work incentive programs established by this part, including their effectiveness in achieving stated goals and their impact on other related programs. He also may conduct research regarding ways to increase the effectiveness of such programs. He may, for this purpose, contract for independent evaluations of and research regarding such programs or individual projects under such programs. For purposes of sections 435 and 443, the costs of carrying out this section shall not be regarded as costs of carrying out work incentive programs established by this part. “Sec. 442. “review of special work projects by a state panel (a) The Secretary shall make an agreement with any State which is able and willing to do so under which the Governor of the State will create one or more panels to review applications tentatively approved by the Secretary for the special work projects in such State to be established by the Secretary under the program established by section 432(b)(3). “(b) Each such panel shall consist of not more than five and not less than three members, appointed by the Governor. The members shall include one representative of employers and one representative of employees; the remainder shall be representatives of the general public. No special work project under such program developed by the Secretary pursuant to an agreement under section 433(e)(1) shall, in any State which has an agreement under this section, be established or maintained under such program unless such project has first been approved by a panel created pursuant to this section. “Sec. 443. “collection of state share If a non-Federal contribution of 20 per centum of the costs of the work incentive programs established by this part is not 42 USC 602. made in any State (as specified in section 402(a)), the Secretary of Health, Education, and Welfare may withhold any action under section 42 USC 604. 404 because of the State’s failure to comply substantially with a provision required by section 402. If the Secretary of Health, Education, and Welfare does withhold such action, he shall, after reasonable notice and opportunity for hearing to the appropriate State agency or agencies, withhold any payments to be made to the State under sections 42 USC 303, 603, 1203, 1353, 1383, 1396b. Post, p. 890. 3(a), 403(a), 1003(a), 1403(a), 1603(a), and 1903(a) until the amount so withheld (including any amounts contributed by the State pursuant to the requirement in section 402(a)(19)(C)) equals 20 per centum of the costs of such work incentive programs. Such withholding shall remain in effect until such time as the Secretary has assur-ances from the State that such 20 per centum will be contributed as required by section 402. Amounts so withheld shall be deemed to have 42 USC 602. been paid to the State under such sections and shall be paid by the Secretary of Health, Education, and Welfare to the Secretary. Such payment shall be considered a non-Federal contribution for purposes of section 435. “Sec. 444. “agreements with other agencies providing assistance to families of unemployed parents (a) The Secretary is authorized to enter into an agreement (in accordance with the succeeding provisions of this section) with any qualified State agency (as described in subsection (b)) under which the program established by the preceding sections of this part C will (except as otherwise provided in this section) be applicable, to individuals referred by such State agency in the same manner, to the same extent, and under the same conditions as such program is applicable with respect to individuals referred to the Secretary by a State agency administering or supervising the administration of a State plan approved by the Secretary of Health, Education, and Welfare under part A of this title. “(b) A qualified State agency referred to in subsection (a) is a State agency which is charged with the administration of a program— “(1) the purpose of which is to provide aid or assistance to the families of unemployed parents, “(2) which is not established pursuant to part A of title IV of the Social Security Act, Post, p. 911. “(3) which is financed entirely from funds appropriated by the Congress, and “(4) none of the financing of which is made available under any program established pursuant to title V of the Economic Opportunity Act. “(c) (1) Any agreement under this section with a qualified State agency shall provide that such agency will, with respect to all individuals receiving aid or assistance under the program of aid or assistance to families of unemployed parents administered by such agency, comply with the requirements imposed by section 402(a)(15) and section Ante, p. 878. Post, p. 890. 402(a)(19)(F) in the same manner and to the same extent as if (A) such qualified agency were the agency in such State administering or supervising the administration of a State plan approved under part A of this title, and (B) individuals receiving aid or assistance under the program administered by such qualified agency were recipients of aid under a State plan which is so approved. “(2) Any agreement entered into under this section shall remain in effect for such period as may be specified in the agreement by the Secretary and the qualified State agency, except that, whenever the Secretary determines, after reasonable notice and opportunity for hearing to the qualified State agency, that such agency has failed substantially to comply with its obligations under such agreement, the Secretary may suspend operation of the agreement until such time as he is satisfied that the State agency will no longer fail substantially to comply with its obligations under such agreement, “(3) Any such agreement shall further provide that the agreement will be inoperative for any calendar quarter if, for the preceding calendar quarter, the maximum amount of benefits payable under the program of aid or assistance to families of unemployed parents administered by the qualified State agency which is a party to such agreement is lower than the maximum amount of benefits payable under such program for the quarter which ended September 30, 1967. “(d) The Secretary shall, at the request of any qualified State agency referred to in subsection (a) of this section and upon receipt from it of a list of the names of individuals rereferred to the Secretary, furnish to such agency the names of each individual on such list Ante, p. 885. participating in a special work project under section 433(a)(3) whom the Secretary determines should continue to participate in such project. The Secretary shall not comply with any such request with respect to an individual on such list unless such individual has been referred Ante, p. 878. to the Secretary by such agency under such section 402(a)(15) for a period of at least six months.” (b) Section 402(a) of such Act is amended by adding at the end thereof before the period the following: “; (19) provide— “(A) for the prompt referral to the Secretary of Labor or his representative for participation under a work incentive Ante, p. 884. program established by part C of— “(i) each appropriate child and relative who has attained age sixteen and is receiving aid to families with dependent children, “(ii) each appropriate individual (living in the same home as a relative and child receiving such aid) who has attained such age and whose needs are taken into account in making the determination under section 402 (a)(7), and “(iii) any other person claiming aid under the plan (not included in clauses (i) and (ii)), who, after being informed of the work incentive programs established by part C, requests such referral unless the State agency determines that participation in any of such programs would be inimical to the welfare of such person or the family; except that the State agency shall not so refer a child, relative, or individual under clauses (i) and (ii) if such child, relative, or individual is— “(iv) a person with illness, incapacity, or advanced age, “(v) so remote from any of the projects under the work incentive programs established by part C that he cannot effectively participate under any of such programs, “(vi) a child attending school full time, or “(vii) a person whose presence in the home on a substantially continuous basis is required because of the illness or incapacity of another member of the household; “(B) that aid under the plan will not be denied by reason of such referral or by reason of an individual’s participation on a project under the program established by section 432(b)(2) or (3); “(C) for arrangements to assure that there will be made a non-Federal contribution to the work incentive programs established by part C by appropriate agencies of the State Ante, p. 887. or private organizations of 20 per centum of the cost of such programs, as specified in section 435(b); “(D) that (i) training incentives authorized under section 434, and income derived from a special work project under the program established by section 432(b)(3) shall be disregarded in determining the needs of an individual under Ante, p. 881. section 402(a)(7), and (ii) in determining such individual’s needs the additional expenses attributable to his participa-tion in a program established by section 432(b)(2) or (3) shall be taken into account; “(E) that, with respect to any individual referred pursuant to subparagraph (A) who is participating in a special work project under the program established by section 432(b)(3), (i) the State agency, after proper notification Ante, p. 884. by the. Secretary of Labor, will pay to such Secretary (at such times and in such manner as the Secretary of Health, Education, and Welfare prescribes) the money payments such State would otherwise make to or on behalf of such individual (including such money payments with respect to such individual’s family), or 80 per centum of such individual’s earnings under such program, whichever is lesser and (ii) the State agency will supplement any earnings received by such individual by payments to such individual (which payments shall be considered aid under the plan) to the extent that such payments when added to the individual’s earnings from his participation in such special work project will be equal to the amount of the aid that would have been payable by the State agency with respect to such individual’s family had he not participated in such special work project, plus 20 per centum of such individual’s earnings from such special work project; and “(F) that if and for so long as any child, relative, or individual (referred to the Secretary of Labor pursuant to subparagraph (A)(i) and (ii) and section 407(b)(2)) has been Ante, p. 882. found by the Secretary of Labor under section 433(g) to have refused without good cause to participate under a work incentive program established by part C with respect to which the Secretary of Labor has determined his participation is consistent with the purposes of such part C, or to have refused without good cause to accept employment in which he is able to engage which is offered through the public employment offices of the State, or is otherwise offered by an employer if the offer of such employer is determined, after notification by him, to be a bona fide offer of employment— “(i) if the relative makes such refusal, such relative’s needs shall not be taken into account in making the determination under clause (7), and aid for any dependent child in the family in the form of payments of the type described in section 406(b)(2)(which in such a case shall be without regard to clauses (A) through (E) thereof) or section 408 will be made; 42 USC 608. “(ii) aid with respect to a dependent child will be denied if a child who is the only child receiving aid in the family makes such refusal; “(iii) if there is more than one child receiving aid in the family, aid for any such child will be denied (and his needs will not be taken into account in making the determination under clause (7)) if that child makes such refusal; and “(iv) if such individual makes such refusal, such individual’s needs shall not be taken into account in making the determination under clause (7); except that the State agency shall, for a period of sixty days, make payments of the type described in section 406(b)(2) 42 USC 606. (without regard to clauses (A) through (E) thereof) on behalf of the relative specified in clause (i), or continue aid in the case of a child specified in clause (ii) or (iii), or take the individual’s needs into account in the case of an individual specified in clause (iv), but only if during such period such child, relative, or individual accepts counseling or other services (which the State agency shall make available to such child, relative, or individual) aimed at persuading such relative, child, or individual, as the case may be, to participate in such program in accordance with the determination of the Secretary of Labor”. (c) (1) The amendment made by subsection (b) shall in the case of any State be effective on July 1, 1968, or if a statute of such State prevents it from complying with the requirements of such amendment on such date, such amendment shall with respect to such State be effective on July 1, 1969; except such amendment shall be effective earlier (in the case of any State), but not before April 1, 1968, if a modification of the State plan to comply with such amendment is approved on an earlier date. (2) The provisions of section 409 of the Social Security Act shall not apply to any State with respect to any quarter beginning after June 30, 1968. (d) During the fiscal year ending June 30, 1969, the Secretary of Labor may, notwithstanding the provisions of section 433(e)(2)(A) Ante, p. 885. of the Social Security Act, pay all of the wages to be paid by the employer to the individuals for work performed for public agencies (including Indian tribes with respect to Indians on a reservation) under special work projects established under the program established by section 432(b)(3) of such Act and may transfer into accounts established pursuant to section 433(e)(3) of such Act such amounts as he finds necessary in addition to amounts paid into such accounts Ante, p. 890. pursuant to section 402(a)(19)(E) of such Act. (e) Section 402(a)(8) of the Social Security Act (as amended by section 202(b) of this Act) is further amended by striking out “; and” at the end of subparagraph (A) and inserting in lieu thereof: “(except that the provisions of this clause (ii) shall not apply to earned income derived from participation on a project maintained under the programs established by section 432(b)(2) and (3)); and”. Sec. 205. federal participation in payments for foster care of certain dependent children (a) Section 402(a) of the Social Security Act (as amended by the preceding provisions of this Act) is amended by inserting before the period at the end thereof the following new clause: “; (20) effective July 1, 1969, provide for aid to families with dependent 42 USC 608. 42 USC 603. children in the form of foster care in accordance with section 408”. (b) Section 403(a)(1)(B) of such Act is amended by striking out “as exceeds” and all that follows and inserting in lieu thereof the following: “as exceeds (i) the product of $32 multiplied by the total number of recipients of aid to families with dependent children (other than such aid in the form of foster care) for such month, plus (ii) the product of $100 multiplied by the total number of recipients of aid to families with dependent children in the form of foster care for such month; and”. (c) Section 408(a) of such Act is amended by inserting “(A)” after “and (4) who”, and by inserting before the semicolon at the end thereof the following: “, or (B)(i) would have received such aid in or for such month if application had been made therefor, or (ii) in the case of a child who had been living with a relative specified in section 406(a) within 6 months prior to the month in which such proceedings were initiated, would have received such aid in or for such month if in such month he had been living with (and removed from the home of) such a relative and application had been made therefor”. (d) Sections 135(e) and 155(b) of the Public Welfare Amendments Ante, p. 94. of 1962 are each amended by striking out “, and ending with the close of June 30, 1968”. (e) The amendments made by subsections (b) and (c) shall apply only with respect to foster care provided after December 1967. Sec. 206. emergency assistance for certain needy families with children (a) Section 403(a) of the Social Security Act (as amended by section 201(e) of this Act) is amended by striking out the Ante, p. 880. period at the end of paragraph (4) and inserting in lieu thereof “; and”, and by inserting after paragraph (4) the following new paragraph: “(5) in the case of any State, an amount equal to the sum of— “(A) 50 per centum of the total amount expended under the State plan during such quarter as emergency assistance to needy families with children in the form of payments or care specified in paragraph (1) of section 406(e), and “(B) 75 per centum of the total amount expended under the State plan during such quarter as emergency assistance to needy families with children in the form of services specified in paragraph (1) of section 406(e).” (b) Section 406 of such Act (as amended by section 201(f) of this Act) is amended by adding at the end thereof the following new Ante, p. 880. subsection: “(e) (1) The term ‘emergency assistance to needy families with “Emergency assistance to needy families with children.” children’ means any of the following, furnished for a period not in excess of 30 days in any 12-month period, in the case of a needy child under the age of 21 who is (or, within such period as may be specified by the Secretary, has been) living with any of the relatives specified in subsection (a)(1) in a place of residence maintained by one or more of such relatives as his or their own home, but only where such child is without available resources, the payments, care, or services involved are necessary to avoid destitution of such child or to provide living arrangements in a home for such child, and such destitution or need for living arrangements did not arise because such child or relative refused without good cause to accept employment or training for employment— “(A) money payments, payments in kind, or such other payments as the State agency may specify with respect to, or medical care or any other type of remedial care recognized under State law on behalf of, such child or any other member of the household in which he is living, and “(B) such services as may be specified by the Secretary; but only with respect to a State whose State plan approved under section 402 includes provision for such assistance. 42 USC 602. “(2) Emergency assistance as authorized under paragraph (1) may be provided under the conditions specified in such paragraph to migrant workers with families in the State or in such part or parts thereof as the State shall designate.” Sec. 207. protective payments and vendor payments with respect to dependent children (a) (1) Section 406(b)(2) of the Social Security Act is 76 Stat. 189. 42 USC 606. amended by striking out all that follows “(2)” and precedes “but only”, and inserting in lieu thereof the following: “payments with respect to any dependent child (including payments to meet the needs of the relative, and the relative’s spouse, with whom such child is living, and the needs of any other individual living in the same home if such needs are taken into account in making the determination under section Ante, p. 881 402(a)(7)) which do not meet the preceding requirements of this subsection, but which would meet such requirements except that such payments are made to another individual who (as determined in accordance with standards prescribed by the Secretary) is interested in or concerned with the welfare of such child or relative, or are made on behalf of such child or relative directly to a person furnishing food, living accommodations, or other goods, services, or items to or for such child, relative, or other individual,”. (2) Section 406(b)(2) of such Act is further amended by striking out clause (B), and redesignating clauses (C) through (F) as clauses (B) through (E), respectively. (b) Section 403(a) of such Act (as amended by the preceding provisions of this Act) is amended by— (1) striking out “5” in the sentence immediately following paragraph (5) and inserting in lieu thereof “10”; (2) adding at the end thereof the following new sentence “In computing such 10 percent, there shall not be taken into account individuals with respect to whom such payments are made for Ante, p. 890. Ante, p. 94. any month in accordance with section 402(a)(19)(F).” (c) Section 202(e) of the Public Welfare Amendments of 1962 is amended by striking out and ending with the close of June 30, 1968”. Sec. 208. limitation on number of children with respect to whom federal payments may be made (a) Section 403(a) of the Social Security Act is amended by striking out “shall pay” in the matter preceding paragraph (1) and inserting in lieu thereof the following: “shall (subject to subsection (d)) pay”. (b) Section 403 of such Act is further amended by adding at the end thereof the following new subsection: “(d) Notwithstanding any other provision of this Act, the average monthly number of dependent children under the age of 18 who have been deprived of parental support or care by reason of the continued absence from the home of a parent with respect to whom payments under this section may be made to a State for any calendar quarter after June 30, 1968, shall not exceed the number which bears the same ratio to the total population of such State under the age of 18 on the first day of the year in which such quarter falls as the average monthly number of such dependent children under the age of 18 with respect to whom payments under this section were made to such State for the calendar quarter beginning January 1, 1968, bore to the total population of such State under the age of 18 on that date.” Sec. 209. federal participation in payments for repairs to home owned by recipient of aid or assistance (a) Title XI of the Social Security Act is amended by adding at the end thereof the following new section: “Sec. 1119. “federal participation in payments for repairs to home owned by recipient of aid or assistance In the case of an expenditure for repairing the home owned by an individual who is receiving aid or assistance, other than medical assistance to the aged, under a State plan approved under 42 USC 301, 1201, 1351, 1381, 601. title I, X, XIV, or XVI, or part A of title IV if— “(1) the State agency or local agency administering the plan approved under such title has made a finding (prior to making such expenditure) that (A) such home is so defective that continued occupancy is unwarranted, (B) unless repairs are made to such home, rental quarters will be necessary for such individual, and (C) the cost of rental quarters to take care of the needs of such individual (including his spouse living with him in such home and any other individual whose needs were taken into account in determining the need of such individual) would exceed (over such time as the Secretary may specify) the cost of repairs needed to make such home habitable together with other costs attributable to continued occupancy of such home, and “(2) no such expenditures were made for repairing such home pursuant to any prior finding under this section, the amount paid to any such State for any quarter under section 3(a), 403(a), 1003(a), 1403(a), or 1603(a) shall be increased by 50 42 USC 303, 603, 1203, 1353, 1383. per centum of such expenditures, except that the excess above $500 expended with respect to any one home shall not be included in determining such expenditures.” (b) The amendment made by subsection (a) shall apply with respect to expenditures made after December 31, 1967. Sec. 210. use of subprofessional staff and volunteers in providing services to individuals applying for and receiving assistance (a) (1) Section 2(a)(5) of the Social Security Act is 74 Stat. 988. 42 USC 302. amended by— (A) striking out “provide” and inserting in lieu thereof “provide (A)”;and (B) adding at the end thereof before the semicolon the following: “, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees established by the State agency”. (2) Section 402(a)(5) of such Act is amended by— 53 Stat. 1379. 42 USC 602. (A) striking out “provide” and inserting in lieu thereof “provide (A)”; and (B) adding at the end thereof before the semicolon the following: “, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community services aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees established by the State agency”. (3) Section 1002(a)(5) of such Act is amended by— 53 Stat. 1397. 42 USC 1202. (A) striking out “provide” and inserting in lieu thereof “provide (A)”; and (B) adding at the end thereof before the semicolon the following: “, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low-income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to appli-cants and recipients and in assisting any advisory committees established by the State agency”. (4) Section 1402 (a)(5) of such Act is amended by— (A) striking out “provide” and inserting in lieu thereof “provide (A)”;and (B) adding at the end thereof before the semicolon the following: “, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing service to applicants and recipients and in assisting any advisory committees established by the State agency”. (5) Section 1602(a)(5) of such Act is amended by— (A) striking out “provide” and inserting in lieu thereof “provide (A)”; and (B) adding at the end thereof before the semicolon the following: “, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees established by the State agency”. (6) Section 1902(a)(4) of such Act is amended by— (A) striking out “provide” and inserting in lieu thereof “provide (A)”;and (B) adding at the end thereof before the semicolon the following: “, and (B) for the training and effective use of paid subprofessional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees established by the State agency”. (b) Each of the amendments made by subsection (a) shall become effective July 1, 1969, or, if earlier (with respect to a State’s plan 42 USC 301, 1201, 1351, 1381, 1396, 601. approved under title I, X, XIV, XVI, or XIX, or part A of title IV) on the date as of which the modification of the State plan to comply with such amendment is approved. Sec. 211. location of certain parents who desert or abandon dependent children (a) Effective January 1, 1969, section 402(a) of the Social Security Act (as amended by the preceding sections of this Ante, p. 892. Act) is further amended by inserting before the period at the end thereof the following new clauses: “; (21) provide that the State agency will report to the Secretary, at such times (not less often than once each calendar quarter) and in such manner as the Secretary may prescribe— “(A) the name, and social security account number, if known, of each parent of a dependent child or children with respect to whom aid is being provided under the State plan— “(i) against whom an order for the support and maintenance of such child or children has been issued by a court of competent jurisdiction but who is not making payments in compliance or partial compliance with such order, or against whom a petition for such an order has been filed in a court having jurisdiction to receive such petition, and “(ii) whom it has been unable to locate after requesting and utilizing information included in the files of the Department of Health, Education, and Welfare maintained pursuant to section 205, 53 Stat. 1362. 42 USC 405. “(B) the last known address of such parent and any information it has with respect to the date on which such parent could last be located at such address, and “(C) such other information as the Secretary may specify to assist in carrying out the provisions of section 410; Infra. (22) provide that the State agency will, in accordance with standards prescribed by the Secretary, cooperate with the State agency administering or supervising the administration of the plan of another State under this part— “(A) in locating a parent residing in such Stale (whether or not permanently) against whom a petition has been filed in a court of competent jurisdiction of such other State for the support and maintenance of a child or children of such parent with respect to whom aid is being provided under the plan of such other State, and “(B) in securing compliance or good faith partial compliance by a parent residing in such State (whether or not permanently) with an order issued by a court of competent jurisdiction against such parent for the support and maintenance of a child or children of such parent with respect to whom aid is being provided under the plan of such other State”. (b) Title IV of such Act is amended by adding after section 409 the 42 USC 601–609. following new section: “Sec. 410. “assistance by internal revenue service in locating parents (a) Upon receiving a report from a State agency made pursuant to section 402(a)(21), the Secretary shall furnish to the Ante, p. 896. Secretary of the Treasury or his delegate the names and social security account numbers of the parents contained in such report, and the name of the State agency which submitted such report. The Secretary of the Treasury or his delegate shall endeavor to ascertain the address of each such parent from the master files of the Internal Revenue Service, and shall furnish any address so ascertained to the State agency which submitted such report. “(b) There are hereby authorized to be appropriated such sums as may be necessary to carry out the provisions of subsection (a). The Secretary shall transfer to the Secretary of the Treasury from time to time sufficient amounts out of the monies appropriated pursuant to this subsection to enable him to perform his functions under subsection (a).” Sec. 212. provision of services by others than a state (a) So much of section 3(a)(4) of the Social Security Act as follows subparagraph (C) and precedes subparagraph (D) 76 Stat. 173. 42 USC 303. is amended by inserting after “shall” the following: “, except to the extent specified by the Secretary,”. (b) So much of section 1003(a)(3) of such Act as follows subparagraph 42 USC 1203. (C) and precedes subparagraph (D) is amended by inserting after “shall” the following: “,except to the extent specified by the Secretary,”. (c) So much of section 1403(a)(3) of such Act as follows subparagraph 42 USC 1353. (C) and precedes subparagraph (D) is amended by insert-ing after “shall” the following: “, except to the extent specified by the Secretary,”. (d) So much of section 1603(a)(4) of such Act as follows subparagraph (C) and precedes subparagraph (D) is amended by inserting after “shall” the following: “, except to the extent specified by the Secretary,”. (e) The amendments made by the preceding subsections of this section shall take effect January 1, 1968. Sec. 213. authority to disregard additional income of recipients of public assistance (a) (1) Section 2(a)(10)(A)(i) of the Social Security Act is amended by striking out “not more than $5” and inserting in lieu thereof “not more than $7.50”. (2) Section 1002(a)(8)(C) of such Act is amended by striking out “not more than $5” and inserting in lieu thereof “not more than $7.50”. (3) Section 1402(a)(8)(A) of such Act is amended by striking out “not more than $5” and inserting in lieu thereof “not more than $7.50”. (4) Section 1604(a)(14)(D) of such Act is amended by striking out “not more than $5” and inserting in lieu thereof “not more than $7.50”. (b) Section 402(a) of such Act is amended by inserting before the period at the end thereof the following: “; and (23) provide that by July 1, 1969, the amounts used by the State to determine the needs of individuals will have been adjusted to reflect fully changes in living costs since such amounts were established, and any maximums that the State imposes on the amount of aid paid to families will have been proportionately adjusted”. Part 2— Medical Assistance Amendments Sec. 220. limitation on federal participation in medical assistance (a) Section 1903 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(f) (1) (A) Except as provided in paragraph (4), payment under the preceding provisions of this section shall not be made with respect to any amount expended as medical assistance in a calendar quarter, in any State, for any member of a family the annual income of which exceeds the. applicable income limitation determined under this paragraph. “(B) (i) Except as provided in clause (ii) of this subparagraph, the applicable income limitation with respect to any family is the amount determined, in accordance with standards prescribed by the Secretary, to be equivalent to 133⅓ percent of the highest amount which would ordinarily be paid to a family of the same size without any income or resources, in the form of money payments, under the plan of the State Post, p. 911. approved under part A of title IV of this Act. “(ii) If the Secretary finds that the operation of a uniform maximum limits payments to families of more than one size, he may adjust the amount otherwise determined under clause (i) to take account of families of different sizes. “(C) The total amount of any applicable income limitation determined under subparagraph (B) shall, if it is not a multiple of $100 or such other amount as the Secretary may prescribe, be rounded to the next higher multiple of $100 or such other amount, as the case may be. “(2) In computing a family’s income for purposes of paragraph (1), there shall be excluded any costs (whether in the form of insurance premiums or otherwise) incurred by such family for medical care or for any other type of remedial care recognized under State law. “(3) For purposes of paragraph (1)(B), in the case of a family consisting of only one individual, the ‘highest amount which would ordinarily be paid’ to such family under the State’s plan approved under part A of title IV of this Act shall be the amount determined by Post, p. 911. the State agency (on the basis of reasonable relationship to the amounts payable under such plan to families consisting of two or more persons) to be the amount of the aid which would ordinarily be payable under such plan to a family (without any income or resources) consisting of one person if such plan (without regard to section 408) 42 USC 608. provided for aid to such a family. “(4) The limitations on payment imposed by the preceding provisions of this subsection shall not apply with respect to any amount expended by a State as medical assistance for any individual who, at the time of the provision of the medical assistance giving rise to such expenditure— “(A) is a recipient of aid or assistance under a plan of such State which is approved under title I, X, XIV, or XVI, or part A 42 USC 301, 1201, 1351, 1381. of title IV, or “(B) is not a recipient of aid or assistance under such a plan but (i) is eligible to receive such aid or assistance, or (ii) would be eligible to receive such aid or assistance if he were not in a medical institution.” (b) (1) In the case of any State whose plan under title XIX of the Social Security Act is approved by the Secretary of Health, Education, 42 USC 1396; Post. pp. 903–908. and Welfare under section 1902 after July 25, 1967, the amendment made by subsection (a) shall apply with respect to calendar quarters beginning after the date of enactment of this Act. (2) In the case of any State whose plan under title XIX of the Social Security Act was approved by the Secretary of Health, Education, and Welfare under section 1902 of the Social Security Act prior to July 26, 1967, the amendments made by subsection (a) shall apply with respect to calendar quarters beginning after June 30, 1968, except that— (A) with respect to the third and fourth calendar quarters of 1968, such subsection shall be applied by substituting in subsection (f) of section 1903 of the Social Security Act 150 percent for Ante, p. 898. 133⅓ percent each time such latter figure appears in such subsection (f),and (B) with respect to all calendar quarters during 1969, such subsection shall be applied by substituting in subsection (f) of section 1903 of such Act 140 percent for 133⅓ percent each time such latter figure appears in such subsection (f). Sec. 221. maintenance of state effort (a) Section 1117(a) of the Social Security Act is amended 79 Stat. 420. 42 USC 1317. by adding at the end thereof the following new sentence: “For any fiscal year ending on or after June 30, 1967, and before July 1, 1968, in lieu of the substitution provided by paragraph (3) or (4), at the option of the State (i) paragraphs (1) and (2) of this subsection shall be applied on a fiscal year basis (rather than on a quarterly basis), and (ii) the base period fiscal year shall be either the fiscal year ending June 30, 1965, or the fiscal year ending June 30, 1964 (whichever is chosen by the State). (b) Section 1117 of such Act is further amended by adding at the end thereof the following new subsection: “(d) (1) In the case of the quarters in any fiscal year ending before July 1, 1968, the reduction (if any) under this section shall, at the option of the State, be determined under paragraph (2), (3), or (4) of this subsection instead of under the preceding provisions of this section. “(2) If the reduction determination is made under this paragraph for a State, then— “(A) subsection (a) shall be applied by taking into account only money payments under plans of the State approved under titles I, X, XIV, and XVI, and part A of title IV, “(B) subsection (b) shall be applied by eliminating each reference to title XIX, and “(C) subsection (c) shall be applied by eliminating the reference to section 1903, and by substituting a reference to this paragraph for the reference to subsections (a) and (b). “(3) If the reduction determination is made under this paragraph for a State, then— “(A) subsection (a) shall be applied by taking into account payments under section 523 and section 422, “(B) subsection (b) shall be applied by adding a reference to section 523 and section 422 after each reference to title XIX, and “(C) subsection (c) shall be applied by adding a reference to section 523 and section 422 after the reference to section 1903, and by substituting a reference to this paragraph for the reference to subsections (a) and (b). “(4) If the reduction determination is made under this paragraph for a State, then— “(A) subsection (a) shall be applied by taking into account only (i) money payments under plans of the State approved under titles I, X, XIV, and XVI, and part A of title IV, and (ii) payments under section 523 and section 422, “(B) subsection (b) shall be applied by eliminating each reference to title XIX and substituting a reference to section 523 and section 422, and “(C) subsection (c) shall be applied by eliminating the reference to section 1903 and substituting a reference to section 523 and section 422, and by substituting a reference to this paragraph for the reference to subsections (a) and (b).” (c) Section 1117(a) of such Act is further amended by striking out “December 31, 1965” and inserting in lieu thereof “June 30, 1966” (d) Effective July 1, 1968, section 1117 of the Social Security Act is repealed. Sec. 222. coordination of title xix and the supplementary medical insurance program (a) Section 1843 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(h) (1) The Secretary shall, at the request of a State made before January 1, 1970, enter into a modification of an agreement entered into with such State pursuant to subsection (a) under which the coverage group described in subsection (b) and specified in such agreement is broadened to include individuals who are eligible to receive medical assistance under the plan of such State approved under title XIX. “(2) For purposes of this section, an individual shall be treated as eligible to receive medical assistance under the plan of the State approved under title XIX if, for the month in which the modification is entered into under this subsection or for any month thereafter, he has been determined to lie. eligible to receive medical assistance under such plan. In the case of any individual who would (but for this subsection) be excluded from the agreement, subsections (c) and (d)(2) shall be applied as if they referred to the modification under this subsection (in lieu of the agreement under subsection (a)), and subsection (d)(2)(C) shall be applied by substituting ‘second month following the first month’ for ‘first month’.” (b) (1) Section 1843(d)(3)(A) of such Act is amended by striking out 79 Stat. 312. 42 USC 1395v. “ineligible for money payments of a kind specified in the agreement” and inserting in lieu thereof the following: “ineligible both for money payments of a kind specified in the agreement and (if there is in effect a modification entered into under subsection (h)) for medical assistance”. (2) Section 1843(f) of such Act is amended— (A) by inserting after “or part A of title IV,” (as added by section 241(e)(2) of this Act) the following: “or eligible to Post, p. 917. receive medical assistance under the plan of such State approved under title XIX,”; and (B) by inserting after “, and part A of title IV” (as added by section 241(e)(2) of this Act) the following: “, and individuals eligible to receive medical assistance under the plan of the State approved under title XIX”. (3) Section 1843(g)(1) of such Act is amended by striking out 80 Stat. 105. “1968” and inserting in lieu thereof “1970”. (4) The heading of section 1843 of such Act is amended by adding 79 Stat. 312. at the end thereof the following: “(or are eligible for medical assistance)”. (c) Section 1903(b) of such Act is amended by inserting “(1)” after 79 Stat. 349. 42 USC 1396b. “(b)”, and by adding at the end thereof the following new paragraph: “(2) Notwithstanding the preceding provisions of this section, the amount determined under subsection (a)(1) for any State for any quarter beginning after December 31, 1967, shall not take into account any amounts expended as medical assistance with respect to individuals aged 65 or over which would not have been so expended if the individuals involved had been enrolled in the insurance program established by part B of title XVIII.” 42 USC 1395j–1395w. (d) Effective with respect to calendar quarters beginning after December 31, 1967, section 1903(a)(1) of such Act is amended by striking out “and other insurance, premiums” and inserting in lieu thereof “and, except in the case of individuals sixty-five years of age or older who are not enrolled under part B of title XVIII, other insurance premiums”. (e) (1) Section 1843(a) of such Act is amended by striking out “1968” and inserting in lieu thereof “1970”. (2) Section 1843(c) of such Act is amended— (A) by striking out “and before January 1, 1968”; and (B) by striking out “thereafter before January 1968”; and inserting in lieu thereof “thereafter”. (3) Section 1843(d)(2)(D) of such Act is amended by striking out “(not later than January 1, 1968)”. Sec. 223. modification of comparability provisions (a) Section 1902(a)(10) of the Social Security Act is 79 Stat. 345. 42 USC 1396a. amended— (1) by inserting “(I)” after “except that” in the matter following subparagraph (B), and (2) by inserting before the semicolon at the end the following: “, and (II) the making available of supplementary medical insurance benefits under part B of title XVIII to individuals eligible therefor (either pursuant to an agreement entered into under section 1843 or by reason of the payment of premiums under such title by the State agency on behalf of such individuals), or provision for meeting part or all of the cost of the deductibles, cost 42 USC 13951–1395w. sharing, or similar charges under part B of title XVIII for individuals eligible for benefits under such part, shall not, by reason of this paragraph (10), require the making available of any such benefits, or the making available of services of the same amount, duration, and scope, to any other individuals”. (b) The amendments made by subsection (a) shall apply with respect to calendar quarters beginning after June 30, 1967. Sec. 224. required services under state medical assistance plan (a) Section 1902(a)(13) of the Social Security Act is amended to read as follows: “(13) provide— “(A) for inclusion of some institutional and some noninstitutional care and services, and “(B) in the case of individuals receiving aid or assistance under the State’s plan approved under title I, X, XIV, or 42 USC 301, 1201, 1351, 1381; Post, p. 911. 42 USC 1396d. XVI, or part A of title IV, for the inclusion of at least the care and services listed in clauses (1) through (5) of section 1905(a), and “(C) in the case of individuals not included under subparagraph (B) for the inclusion of at least— (i) the care and services listed in clauses (1) through (5) of section 1905(a) or (ii) (I) the care and services listed in any 7 of the clauses numbered (1) through (14) of such section and (II) in the event the care and services provided under the State plan include hospital or skilled nursing home services, physicians’ services to an individual in a hospital or skilled nursing home during any period he is receiving hospital services from such hospital or skilled nursing home services from such home, and “(D) for payment of the reasonable cost (as determined in accordance with standards approved by the Secretary and included in the plan) of inpatient hospital services provided under the plan;” (b) The amendment made by subsection (a) shall apply with respect to calendar quarters beginning after December 31, 1967. (c) (1) Section 1902(a)(13)(A) of the Social Security Act (as amended by subsection (a) of this section) is further amended to read as follows: “(A) (i) for the inclusion of some institutional and some non-institutional care and services, and “(ii) for the inclusion of home health services for any individual who, under the State plan, is entitled to skilled nursing home services, and”. (2) The amendment made by paragraph (1) of this subsection shall apply with respect to calendar quarters beginning after June 30, 1970. Sec. 225. extent of federal financial participation in certain administrative expenses (a) Section 1903(a)(2) of the Social Security Act is amended by striking out “of the State agency (or of the local agency administering the State plan in the political subdivision)” and inserting in lieu thereof “of the State agency or any other public agency”. (b) The amendment made by subsection (a) shall apply with respect to expenditures made after December 31, 1967. Sec. 226. advisory council on medical assistance Title XIX of the Social Security Act is amended by 79 Stat. 343. 42 USC 1396–1396d. adding at the end thereof the following new section: “Sec. 1906. “advisory council on medical assistance For the purpose of advising the Secretary on matters of general policy in the administration of this title (including the relationship of this title and title XVIII) and making recommendations 42 USC 1395–1395ll. for improvements in such administration, there is hereby created a Medical Assistance Advisory Council which shall consist of twenty-one persons, not otherwise in the employ of the United States, appointed by the Secretary without regard to the provisions of title 5, United States Code, governing appointments in the competitive service. The 80 Stat. 417. 5 USC 3301 et seq. Membership. Secretary shall from time to time appoint one of the members to serve as Chairman. The members shall include representatives of State and local agencies and nongovernmental organizations and groups concerned with health, and of consumers of health services, and a majority of the membership of the Advisory Council shall consist of representatives of consumers of health services. Each member shall Term of office. hold office for a term of four years, except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term, and except that the terms of office of the members first taking office shall expire, as designated by the Secretary at the time of appointment, five at the end of the first year, five at the end of the second year, five at the end of the third year, and six at the end of the fourth year after the date of appointment. A member shall not be eligible to serve continuously for more than two terms. The Secretary may, at the request of the Council or otherwise, appoint such special advisory professional or technical committees as may be useful in carrying out this title. Members of the Advisory Council Compensation, travel expenses. and members of any such advisory or technical committee, while attending meetings or conferences thereof or otherwise serving on business of the Advisory Council or of such committee, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, inducting per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons 80 Stat. 499. in the Government service employed intermittently. The Advisory Council shall meet as frequently as the Secretary deems necessary. Upon request of five or more members, it shall be the duty of the Secretary to call a meeting of the Advisory Council.” Sec. 227. free choice by individuals eligible for medical assistance (a) Section 1902(a) of the Social Security Act is 42 USC 1396a. amended— (1) by striking out “and” at the end of paragraph (21); (2) by striking out the period at the end of paragraph (22) and inserting in lieu thereof “; and ”; and (3) by adding after paragraph (22) the following new paragraph: “(23) provide that any individual eligible for medical assistance (including drugs) may obtain such assistance from any institution, agency, community pharmacy, or person, qualified to perform the service or services required (including an organization which provides such services, or arranges for their availability, on a prepayment basis), who undertakes to provide him such services.” (b) The amendments made by this section shall apply with respect to calendar quarters beginning after .June 30, 1969; except that such amendments shall apply in the case of Puerto Rico, the Virgin Islands, and Guam only with repect to calendar quarters beginning after June 30, 1972. Sec. 228. utilization of state facilities to provide consultative services to institutions furnishing medical care (a) Section 1902(a) of the Social Security Act (as amended by section 227 of this Act) is amended— (1) by striking out “and” at the end of paragraph (22); (2) by striking out the period at the end of paragraph (23) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (23) the following new paragraph: “(24) effective July 1, 1969, provide for consultative services by health agencies and other appropriate agencies of the State to hospitals, nursing homes, home health agencies, clinics, laboratories, and such other institutions as the Secretary may specify in order to assist them (A) to qualify for payments under this Act, (B) to establish and maintain such fiscal records as may be necessary for the proper and efficient administration of this Act, and (C) to provide information needed to determine payments due under this Act on account of care and services furnished to individuals.” (b) Effective July 1, 1969, the last sentence of section 1864(a) of such Act is repealed. Sec. 229. payments for services and care by a third party (a) Section 1902(a) of the Social Security Act (as amended by section 228 of this Act) is amended— (1) by striking out “and” at the end of paragraph (23); (2) by striking out the period at the end of paragraph (24) and inserting in lieu thereof and”; and (3) by inserting after paragraph (24) the following new paragraph: “(25) provide (A) that the State or local agency administering such plan will take all reasonable measures to ascertain the legal liability of third parties to pay for care and services (available under the plan) arising out of injury, disease, or disability, (B) that where the State or local agency knows that a third party has such a legal liability such agency will treat such legal liability as a resource of the individual on whose behalf the care and services are made available for purposes of paragraph (17)(B), and (C) that in any case where such a legal liability is found to exist after medical assistance has been made available on behalf of the individual, the State or local agency will seek reimbursement for such assistance to the extent of such legal liability.” (b) The amendment made by subsection (a) shall apply with respect to legal liabilities of third parties arising after March 31, 1968. (c) Section 1903(d)(2) of such Act is amended by adding at the end thereof the following new sentence: “Expenditures for which payments were made to the State under subsection (a) shall be treated as an overpayment to the extent that the State or local agency administering such plan has been reimbursed for such expenditures by a third party pursuant to the provisions of its plan in compliance with section 1902(a)(25).” Ante. p. 904. Sec. 230. direct payments to certain recipients of medical assistance Section 1905(a) of the Social Security Act is amended 79 Stat. 351. 42 USC 1396d. by inserting after “for individuals” in the matter preceding clause (i) the following: “, and, with respect to physicians’ or dentists’ services, at the option of the State, to individuals not. receiving aid or assistance under the State’s plan approved under title I, X, XIV, or XVI, or part A of title IV,”. 42 USC 301, 1201, 1351. 1381; Post, p. 911. Sec. 231. date on which state plans under title xix must meet certain financial participation requirements Section 1902(a)(2) of the Social Security Act is amended 42 USC 1396a. by striking out “July 1, 1970” and inserting in lieu thereof “July 1, 1969”. Sec. 232. observance of religious beliefs Title XIX of the Social Security Act (as amended by section 226 of this Act) is further amended by adding at the end thereof Ante, p. 903. the following new section: “Sec. 1907. “observance of religious beliefs Nothing in this title shall be construed to require any State which has a plan approved under this title to compel any person to undergo any medical screening, examination, diagnosis, or treatment or to accept any other health care or services provided under such plan for any purpose (other than for the purpose of discovering and preventing the spread of infection or contagious disease or for the purpose of protecting environmental health), if such person objects (or, in case such person is a child, his parent or guardian objects) thereto on religious grounds.” Sec. 233. coverage under title xix of certain spouses of individuals receiving cash welfare aid or assistance (a) Section 1905(a) of the Social Security Act is amended (1) by striking out “or” at the end of clause (iv), (2) by inserting “or” at the end of clause (v), and (3) by inserting immediately below clause (v) the following new clause: “(vi) persons essential (as described in the second sentence of this subsection) to individuals receiving aid or assistance under State plans approved under title I, X, XIV, or XVI,”. (b) Section 1905(a) of such Act is further amended by adding at the end thereof the following new sentence: “For purposes of clauses (vi) of the preceding sentence, a person shall be considered essential to another individual if such person is the spouse of and is living with such individual, the needs of such person are taken into account in determining the amount of aid or assistance furnished to such individual (under a State plan approved under title I, X, XIV, or XVI), and such person is determined, under such a State plan, to be essential to the well being of such individual.” Sec. 234. standards for skilled nursing homes furnishing services under state plans approved under title xix (a) Section 1902(a) of the Social Security Act (as amended by the preceding sections of this Act) is further amended (1) by striking out “and” at the end of paragraph (24), (2) by striking out the period at the end of paragraph (25) and inserting in lieu of such period a semicolon, and (3) by adding at the end thereof the following new paragraphs: “(26) effective July 1, 1969, provide (A) for a regular program of medical review (including medical evaluation of each patient’s need for skilled nursing home care) or (in the case of individuals who are eligible therefor under the State plan) need for care in a mental hospital, a written plan of care, and, where applicable, a plan of rehabilitation prior to admission to a skilled nursing home; (B) for periodic inspections to be made in all skilled nursing homes and mental institutions (if the State plan includes care in such institutions) within the State by one or more medical review teams (composed of physicians and other appropriate health and social service personnel) of (i) the care being provided in such nursing homes (and mental institutions, if care therein is provided under the State plan) to persons receiving assistance under the State plan, (ii) with respect to each of the patients receiving such care, the adequacy of the services available in particular nursing homes (or institutions) to meet the current health needs and promote the maximum physical well-being of patients receiving care in such homes (or institutions), (iii) the necessity and desirability of the continued placement of such patients in such nursing homes (or institutions), and (iv) the feasibility of meeting their health care needs through alternative institutional or nonistitutional services; and (C) for the making by such team or teams of full and complete reports of the. findings resulting from such inspections together with any recommendations to the State agency administering or supervising the administration of the State plan; “(27) provide for agreements with every person or institution providing services under the State plan under which such person or institution agrees (A) to keep such records as are necessary fully to disclose the extent of the services provided to individuals receiving assistance under the State plan, and (B) to furnish the State agency with such information, regarding any payments claimed by such person or institution for providing services under the State plan, as the State agency may from time to time request; “(28) provide that any skilled nursing home receiving payments under such plan must— “(A) supply to the licensing agency of the State full and complete information as to the identity (i) of each person having (directly or indirectly) an ownership interest of 10 per centum or more in such nursing home, (ii) in case a nursing home is organized as a corporation, of each officer and director of the corporation, and (iii) in case a nursing home is organized as a partnership, of each partner; and promptly report any changes which would affect the current accuracy of the information so required to be supplied; “(B) have and maintain an organized nursing service for its patients, which is under the direction of a professional registered nurse who is employed full-time by such nursing home, and which is composed of sufficient nursing and aux-iliary personnel to provide adequate and properly supervised nursing services for such patients during all hours of each day and all days of each week; “(C) make satisfactory arrangements for professional planning and supervision of menus and meal service for patients for whom special diets or dietary restrictions are medically prescribed; “(D) have satisfactory policies and procedures relating to the maintenance of medical records on each patient of the nursing home, dispensing and administering of drugs and biologicals, and assuring that each patient is under the care of a physician and that adequate provisions is made for medical attention to any patient during emergencies; “(E) have arrangements with one or more general hospitals under which such hospital or hospitals will provide needed diagnostic and other services to patients of such nursing home, and under which such hospital or hospitals agree to timely acceptance, as patients thereof, of acutely ill patients of such nursing home who are in need of hospital care; except that the State agency may waive this requirement wholly or in part with respect to any nursing home meeting all the other requirements and which, by reason of remote location or other good and sufficient reason, is unable to effect such an arrangement with a hospital; and “(F) (i) meet (after December 31, 1969) such provisions of the Life Safety Code of the National Fire Protection Association (21st Edition. 1967) as are applicable to nursing homes; except that the State agency may waive in accordance with regulations of the Secretary, for such periods as it deems appropriate, specific provisions of such code which, if rigidly applied, would result in unreasonable hardship upon a nursing home, but only if such agency makes a determination (and keeps a written record setting forth the basis of such determination) that such waiver will not adversely affect the health and safety of the patients of such skilled nursing home; and except that the requirements set forth in the preceding provisions of this subclause (i) shall not apply in any State if the Secretary finds that in such State there is in effect a fire and safety code, imposed by State law, which adequately protects patients in nursing homes; and (ii) meet conditions relating to environment and sanitation applicable to extended care facilities under title XVIII; except that 42 USC 1395–1395ll. the State agency may waive in accordance with regulations of the Secretary, for such periods as it deems appropriate, any requirement imposed by the preceding provisions of this subclause (ii) if such agency finds that such requirement, if rigidly applied, would result in unreasonable hardship upon a nursing home, but only if such agency makes a determination (and keeps a written record setting forth the basis of such determination) that such waiver will not adversely affect the health and safety of the patients of such nursing home.” (b) The amendments made by subsection (a) of this section (unless otherwise Specified in the body of such amendments) shall take effect on January 1, 1969. (c) Notwithstanding any other provision of law, after June 30, 1968, no Federal funds shall be paid to any State as Federal matching under title I, X, XIV, XVI, or XIX of the Social Security Act for 42 USC 301, 1201, 1351, 1381, 1396; Post, pp. 903–908. payments made to any nursing home for or on account of any nursing home services provided by such nursing home for any period during which such nursing home is determined not to meet fully all requirements of the State for licensure as a nursing home, except that the Secretary may prescribe a reasonable period or periods of time during which a nursing home which has formerly met such requirements will be eligible for payments which include Federal participation if during such period or periods such home promptly takes all necessary steps to again meet such requirements. Sec. 235. cost sharing and similar charges with respect to inpatient hospital services furnished under title xix (a) (1) Section 1902(a)(14)(A) of the Social Security Act is amended by striking out “no” and inserting in lieu thereof the following: “in the case of individuals receiving aid or assistance under State plans approved under titles I, X, XIV, XVI, and part A of title 42 USC 301, 1201, 1351, 1381; Post, p. 911. IV, no”. (2) Section 1902(a)(14)(B) of such Act is amended (A) by inserting “inpatient hospital services or” after “respect to”, and (B) by striking out “him” and inserting in lieu thereof “to an individual”. (3) Section 1902(a)(15) of the Social Security Act is amended to read as follows: “(15) in the case of eligible individuals 65 years of age or older who are covered by either or both of the insurance programs established by title XVIII, provide where, under the plan, all of any deductible, cost sharing, or similar charge imposed with respect to such individual under the insurance program established by such title is not met, the portion thereof which is met shall be determined on a basis reasonably related (as determined in accordance with standards approved by the Secretary and included in the plan) to such individual’s income or his income and resources;”. (b) The amendments made by subsection (a) shall be effective in the case of calendar quarters beginning after December 31, 1967. Sec. 236. state plan requirements regarding licensing of administrators of skilled nursing homes furnishing services under state plans approved under title xix (a) Section 1902(a) of the Social Security Act (as amended by the preceding sections of this Act) is further amended (1) by striking out the period at the end of paragraph (28) and inserting in lieu thereof a semicolon and (2) by adding at the end of such section 1902(a) the following new paragraph: “(29) include a State program which meets the requirements set forth in section 1908, for the licensing of administrators of nursing homes.” (b) Title XIX of the Social Security Act (as amended by the preceding sections of this Act) is further amended by adding at the end thereof the following: “Sec. 1908. “state programs for licensing of administrators of nursing homes (a) For purposes of section 1902(a)(29), a ‘State program for the licensing of administrators of nursing homes’ is a program which provides that no nursing home within the State may operate except under the supervision of an administrator licensed in the manner provided in this section. “(b) Licensing of nursing home administrators shall be carried out by the agency of the State responsible for licensing under the healing arts licensing act of the State, or, in the absence of such act or such an agency, a board representative of the professions and institutions concerned with care of chronically ill and infirm aged patients and established to carry out the purposes of this section. “(c) It shall be the function and duty of such agency or board to— “(1) develop, impose, and enforce standards which must be met by individuals in order to receive a license as a nursing home administrator, which standards shall be designed to insure that nursing home administrators will be individuals who are of good character and are otherwise suitable, and who, by training or experience in the field of institutional administration, are qualified to serve as nursing home administrators; “(2) develop and apply appropriate techniques, including examinations and investigations, for determining whether an individual meets such standards; “(3) issue licenses to individuals determined, after the application of such techniques, to meet such standards, and revoke or suspend licenses previously issued by the board in any case where the individual holding any such license is determined substantially to have failed to conform to the requirements of such standards: “(4) establish and carry out procedures designed to insure that individuals licensed as nursing home administrators will, during any period that they serve as such, comply with the requirements of such standards; “(5) receive, investigate, and take appropriate action with respect to, any charge or complaint filed with the board to the effect that any individual licensed as a nursing home administrator has failed to comply with the requirements of such standards; and “(6) conduct a continuing study and investigation of nursing homes and administrators of nursing homes within the State with a view to the improvement of the standards imposed for the licensing of such administrators and of procedures and methods for the enforcement of such standards with respect to administrators of nursing homes who have been licensed as such. “(d) No State shall be considered to have failed to comply with the provisions of section 1902(a)(29) because the agency or board of such Ante, p. 908. State (established pursuant to subsection (b)) shall have granted any waiver, with respect to any individual who during all of the calendar year immediately preceding the calendar year in which the requirements prescribed in section 1902(a)(29) are first met by the State, has served as a nursing home administrator, of any of the standards developed, imposed, and enforced by such board pursuant to subsection (b)(1) other than such standards as relate to good character or suitability if— “(1) such waiver is for a period which ends after being in effect for two years or on June 30, 1972, whichever is earlier, and “(2) there is provided in the State (during all of the period for which waiver is in effect), a program of training and instruction designed to enable all individuals, with respect to whom any such waiver is granted, to attain the qualifications necessary in order to meet such standards. “(e) (1) There are hereby authorized to be appropriated for fiscal year 1968 and the four succeeding fiscal years such sums as may be necessary to enable the Secretary to make grants to States for the purpose of assisting them in instituting and conducting programs of training and instruction of the type referred to in subsection (d)(2). “(2) No grant with respect to any such program shall exceed 75 per centum of the reasonable and necessary cost, as determined by the Secretary, of instituting and conducting such program. “(f) (1) For the purpose of advising the Secretary and the States in carrying out the provisions of this section, there is hereby created a National Advisory Council on Nursing Home Administration which shall consist of nine persons, not otherwise in the employ of the United States, appointed by the Secretary without regard to the provisions of title 5, United States Code, governing appointments in 80 Stat. 417. 5 USC 3301 et seq. Membership. the competitive service. The Secretary shall from time to time appoint one of the members to serve as Chairman. The members shall include, but not be limited to, representatives of State health officers, State welfare directors, nursing home administrators, and university programs in public health or medical care administration. “(2) In addition to the function stated in paragraph (1) of this subsection, it shall be the function and duty of the Council (A) to study and identify the core of knowledge that should constitute minimally the training in the field of institutional administration which should qualify an individual to serve as a nursing home administrator; (B) to study and identify the experience in the field of institutional administration that a nursing home administrator should be required to possess; (C) to study and develop model techniques for determining whether an individual possesses such qualifications: (I)) to study and develop model criteria for granting waivers under the provisions of subsection (d); (E) to study and develop suggested programs of training referred to in subsection (d); (F) to study, develop, and recommend programs of training and instruction for those desiring to pursue a career in nursing home administration; (G) to complete the functions in (A) through (E) above by July 1, 1969, and submit a written report to the Secretary which report shall be submitted to the States to assist them in carrying out the provisions of this section. “(3) Members of the Council, while attending meetings or conferences thereof or otherwise serving on business of the Council shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as 80 Stat. 499. authorized by section 5703 of title 5, United States Code, for persons in the Government service employed intermittently. “(4) The Secretary may at the request of the Council engage such technical assistance as may be required to carry out its functions; and the Secretary shall, in addition, make available to the Council such secretarial, clerical, and other assistance and such pertinent data obtained and prepared by the Department of Health, Education, and Welfare as the Council may require to carry out its functions. “(5) The Council shall be appointed by the Secretary prior to July 1, 1968, and shall cease to exist as of December 31, 1971. “(g) As used in this section, the term— “(1) ‘nursing home’ means any institution or facility defined as such for licensing purposes under State law, or, if State law does not employ the term nursing home, the equivalent term or terms as determined by the Secretary; and “(2) ‘nursing home administrator’ means any individual who is charged with the general administration of a nursing home whether or not such individual has an ownership interest in such home and whether or not his functions and duties are shared with one or more other individuals.” (c) Except as otherwise specified in the text thereof, the amendments made by this section shall take effect on July 1, 1970. Sec. 237. utilization of cake and services furnished under title xix Effective April 1, 1968, section 1902(a) of the Social Security Act (as amended by the preceding sections of this Act) is further amended by— (a) striking out the period at the end and inserting in lieu thereof the following “; and”; and (b) inserting after paragraph (29)(added to the Social Security Act by section 236 of this Act) the following paragraph: Ante, p. 908 “(30) provide such methods and procedures relating to the utilization of, and the payment for, care and services available under the plan as may be necessary to safeguard against unnecessary utilization of such care and services and to assure that payments (including payments for any drugs provided under the plan) are not in excess of reasonable charges consistent with efficiency, economy, and quality of care.” Sec. 238. differences in standards with respect to income eligibility under title xix Effective July 1, 1969, section 1902(a)(17) of the Social Security Act is amended by striking out “(which shall be comparable for all groups)” and inserting in lieu thereof the following: “(which shall be comparable 79 Stat. 346. 42 USC 1396a. for all groups and may, in accordance with standards prescribed by the Secretary, differ with respect to income levels, but only in the case of applicants or recipients of assistance under the plan who are not receiving aid or assistance under the State’s plan approved under title I, X, XIV, or XVI, or part A of title IV, based 42 USC 301, 1201, 1351, 1381; Infra. on the variations between shelter costs in urban areas and in rural areas)”. Part 3— Child-Welfare Services Amendments Sec. 240. inclusion of child-welfare services in title iv (a) The heading of title IV of the Social Security Act 76 Stat. 185. 42 USC 601–609. is amended to read as follows: “TITLE IV— GRANTS TO STATES FOR AID AND SERVICES TO NEEDY FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE SERVICES” (b) Title IV of such Act is further amended by inserting immediately after the heading of the title the following: “Part A— Aid to Families With Dependent Children” (c) Title IV of such Act is further amended by adding at the end 49 Stat. 627; 76 Stat. 186. thereof the following new part: “Part B— Child-Welfare Services “Sec. 420. “appropriation For the purpose of enabling the United States, through the Secretary, to cooperate with State public welfare agencies in establishing, extending, and strengthening child-welfare services, the following sums are hereby authorized to be appropriated: $55,000,000 for the fiscal year ending June 30, 1968, $100,000,000 for the fiscal year ending June 30, 1969, and $110,000,000 for each fiscal year thereafter. “Sec. 421. “allotments to states The sum appropriated pursuant to section 420 for each fiscal year shall be allotted by the Secretary for use by cooperating State public welfare agencies which have plans developed jointly by the State agency and the Secretary, as follows: He shall allot $70,000 to each State, and shall allot, to each State an amount which bears the same ratio to the remainder of the sum so appropriated for such year as the product of (1) the population of such State under the age of 21 and (2) the allotment percentage of such State (as determined Post, p. 913. under section 423) bears to the sum of the corresponding products of all the States. “Sec. 422. “payment to states (a) From the sums appropriated therefor and the allotment available under this part, the Secretary shall from time to time pay to each State— “(1) that has a plan for child-welfare services which has been developed as provided in this part and which— “(A) provides for coordination between the services provided under such plan and the services provided for dependent children under the State plan approved under part A of this title, with a view to provision of welfare and related services which will best promote the welfare of such children and their families, and “(B) provides, with respect to day care services (including the provision of such care) provided under this title— “(i) for cooperative arrangements with the State health authority and the State agency primarily responsible for State supervision of public schools to assure maximum utilization of such agencies in the provision of necessary health services and education for children receiving day care, “(ii) for an advisory committee, to advise the State public welfare agency on the general policy involved in the provision of day care services under the plan, which shall include among its members representatives of other State agencies concerned with day care or services related thereto and persons representative of professional or civic or other public or nonprofit private agencies, organizations, or groups concerned with the provision of day care, “(iii) for such safeguards as may be necessary to assure provision of day care under the plan only in cases in which it is in the best interest of the child and the mother and only in cases in which it is determined, under criteria established by the State, that a need for such care exists; and, in cases in which the family is able to pay part or all of the costs of such care, for payment of such fees as may be reasonable in the light of such ability, “(iv) for giving priority, in determining the existence of need for such day care, to members of low-income or other groups in the population, and to geographical areas, which have the greatest relative need for extension of such day care, and “(v) that day care provided under the plan will be provided only in facilities (including private homes) which are licensed by the State, or approved (as meeting the standards established for such licensing) by the State agency responsible for licensing facilities of this type, and “(vi) for the development and implementation of arrangements for the more effective involvement of the parent or parents in the appropriate care of the child and the improvement of the health and development of the child, and “(2) that makes a satisfactory showing that the State, is extending the provision of child-welfare services in the State, with priority being given to communities with the greatest need for such services after giving consideration to their relative financial need, and with a view to making available by July 1, 1975, in all political subdivisions of the State, for all children in need thereof, child-welfare services provided by the staff (which shall to the extent feasible be composed of trained child-welfare personnel) of the State public welfare agency or of the local agency participating in the administration of the plan in the political subdivision, except that (effective July 1, 1969, or, if earlier, on the date as of which the modification of the State plan to comply with this requirement with respect to subprofessional staff is approved) such plan shall provide for the training and effective use of paid subprofessional staff with particular emphasis on the full-time or part-time employment of persons of low income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid volunteers in providing services and in assisting any advisory committees established by the State agency, an amount equal to the Federal share (as determined under section 423) of the total sum expended under such plan (including the cost of administration of the plan) in meeting the costs of State, district, county, or other local child-welfare services, in developing State services for the encouragement and assistance of adequate methods of community child-welfare organization, in paying the costs of returning any runaway child who has not attained the age of eighteen to his own community in another State, and of maintaining such child until such return (for a period not exceeding fifteen days), in cases in which such costs cannot be met by the parents of such child or by any person, agency, or institution legally responsible for the support of such child. In developing such services for children, the facilities and experience of voluntary agencies shall be utilized in accordance with child-care programs and arrangements in the State and local communities as may be authorized by the State. “(b) The method of computing and paying such amounts shall be as follows: “(1) The Secretary shall, prior to the beginning of each period for which a payment is to be made, estimate the amount to be paid to the State tor such period under the provisions of subsection (a). “(2) From the allotment available therefor, the Secretary shall pay the amount so estimated, reduced or increased, as the case may be, by any sum (not previously adjusted under this section) by which he finds that his estimate of the amount to be paid the State for any prior period under this section was greater or less than the amount which should have been paid to the State for such prior period under this section. “Sec. 423. “allotment percentage and federal share (a) The ‘allotment percentage’ for any State shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States; except that (1) the allotment percentage shall in no case be less than 30 per centum or more than 70 per centum, and (2) the allotment percentage shall be 70 per centum in the case of Puerto Rico, the Virgin Islands, and Guam. “(b) The ‘Federal share’ for any State for any fiscal year shall be 100 per centum less that percentage which bears the same ratio to 50 per centum as the per capita income of such State bears to the per capita income of the United States, except that (1) in no ease shall the Federal share be less than 33⅓ per centum or more than 66% per centum, and (2) the Federal share shall be 662/3 per centum in the case of Puerto Rico, the Virgin Islands, and Guam. “(c) The Federal share and the allotment percentage for each State shall be promulgated by the Secretary between July 1 and August 31 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive for each of the two fiscal years in the period beginning July 1 next succeeding such promulgation: Provided, That the Federal shares and allotment percentages promulgated under section 524(c) of the Social 42 USC 724. Security Act in 1966 shall be effective for purposes of this section for the fiscal years ending June 30, 1968, and June 30, 1969. “(d) For purposes of this section, the term ‘United States’ means the fifty States and the District of Columbia. “Sec. 424. “reallotment The amount of any allotment to a State under section 421 for any fiscal year which the State certifies to the Secretary will not be required for carrying out the State plan developed as provided in such section shall be available for reallotment from time to time, on such dates as the Secretary may fix, to other States which the Secretary determines (1) have need in carrying out their State plans so developed for sums in excess of those previously allotted to them under that section and (2) will be able to use such excess amounts during such fiscal year. Such reallotments shall be made on the basis of the State plans so developed, after taking into consideration the population under the age of twenty-one, and the per capita income of each such State as compared with the population under the age of twenty-one, and the per capita income of all such States with respect to which such a determination by the Secretary has been made. Any amount so reallotted to a State shall be deemed part of its allotment under section 421. “Sec. 425. “definition For purposes of this title, the term ‘child-welfare services’ means public social services which supplement, or substitute for, parental care and supervision for the purpose of (1) preventing or remedying, or assisting in the solution of problems which may result in, the neglect, abuse, exploitation, or delinquency of children, (2) protecting and caring for homeless, dependent, or neglected children, (3) protecting and promoting the welfare of children of working mothers, and (4) otherwise protecting and promoting the welfare of children, including the strengthening of their own homes where possible or, where needed, the provision of adequate care of children away from their homes in foster family homes or day-care or other child-care facilities. “Sec. 426. “research, training, or demonstration projects (a) There are hereby authorized to be appropriated for each fiscal year such sums as the Congress may determine— “(1) for grants by the Secretary— “(A) to public or other nonprofit institutions of higher learning, and to public or other nonprofit agencies and organizations engaged in research or child-welfare activities, for special research or demonstration projects in the field of child welfare which are of regional or national significance and for special projects for the demonstration of new methods or facilities which show promise of substantial contribution to the advancement of child welfare; “(B) to State or local public agencies responsible for administering, or supervising the administration of, the plan under this part, for projects for the demonstration of the utilization of research (including findings resulting therefrom) in the field of child welfare in order to encourage experimental and special types of welfare services; and “(C) to public or other nonprofit institutions of higher learning for special projects for training personnel for work in the field of child welfare, including traineeships with such stipends and allowances as may be permitted by the Secretary; and “(2) for contracts or jointly financed cooperative arrangements with States and public and other organizations and agencies for the conduct of research, special projects, or demonstration projects relating to such matters. “(b) Payments of grants or under contracts or cooperative arrangements under this section may be made in advance or by way of reimbursement, and in such installments, as the Secretary may determine; and shall be made on such conditions as the Secretary finds necessary to carry out the purposes of the grants, contracts, or other arrangements.” (d) (1) Subparagraphs (A) and (B) of section 422(a)(1) of the Social Security Act (as added by subsection (c) of this section) are Ante, p. 912. redesignated as (B) and (C). (2) So much of paragraph (1) of section 422(a) of such Act (as added by subsection (c) of this section) as precedes subparagraph (B)(as redesignated) is amended to rend as follows: “(1) that has a plan for child-welfare services which has been developed as provided in this part and which— “(A) provides that (i) the State agency designated pursuant to section 402(a)(3) to administer or supervise the 42 USC 602. administration of the plan of the State approved under part A of this title will administer or supervise the administration 42 USC 601–609. Ante, p. 911. of such plan for child-welfare services and (ii) to the extent that child-welfare services are furnished by the staff of the State agency or local agency administering such plan for child-welfare services, the organizational unit in such State or local agency established pursuant to section 402(a)(15) Ante, p. 878. will be responsible for furnishing such child-welfare services,”. (e) (1) Part 3 of title V of the Social Security Act is repealed on t Repeal. 72 Stat. 1052. 42 USC 721–728. he date this Act is enacted. (2) Part B of title IV of the Social Security Act (as added by subsection (c) of this section), and the amendments made by subsections (a) and (b) of this section, shall become effective on the date this Act is enacted. (3) The amendments made by paragraphs (1) and (2) of subsection (d) shall become effective July 1, 1969, except that (A) if on the date of enactment of this Act the agency of a State administering its plan for child-welfare services developed under part B of title IV of the Ante, p. 911. Social Security Act is different from the agency of the State designated 42 USC 602. pursuant to section 402(a)(3) of such Act, so much of paragraph (1) of section 422(a) of such Act as precedes subparagraph (B)(as added Ante, p. 915. by paragraph (2) of such subsection (d)) shall not apply with respect to such agencies but only so long as such agencies of the State are different, and (B) if on such date the local agency administering the plan of a State for child-welfare services developed under part B of title IV of the Social Security Act is different from the local agency in such subdivision administering the plan of such State under part A 42 USC 601–609. Ante, p. 911. of title IV of such Act, so much of such paragraph (1) as precedes such subparagraph (B) shall not apply with respect to such local agencies but only so long as such local agencies are different. (f) In the case of any State which has a plan developed as provided in part 3 of title V of the Social Security Act as in effect prior to the 72 Stat. 1052. 42 USC 721–728. enactment of this Act— (1) such plan shall be treated as a plan developed, as provided in part B of title IV of such Act, on the date this Act is enacted: (2) any sums appropriated, allotted, or reallotted pursuant to part 3 of title V for the fiscal year ending June 30, 1968, shall be deemed appropriated, allotted, or reallotted (as the case may be) under part B of title IV of such Act for such fiscal year: and (3) any overpayment or underpayment which the Secretary 42 USC 723. determines was made to the State under section 523 of the Social Security Act and with respect to which adjustment has not then already been made under subsection (b) of such section shall, for Ante, pp. 912, 915. purposes of section 422 of such Act, be considered an overpayment or underpayment (as the case may be) made under section 422 of such Act. (g) Any sums appropriated or grants made pursuant to section 526 of the Social Security Act (as in effect prior to the enactment of this 42 USC 726. Act) shall be deemed to have been appropriated or made (as the case may be) under section 426 of the Social Security Act (as added by subsection (c) of this section). (h) Each State plan approved under title IV of the Social Security Act as in effect on the day preceding the date of the enactment of this 42 USC 601–609. Act shall be deemed, without the necessity of any change in such plan, to have been conformed with the amendments made by subsections (a) and (b) of this section. Sec. 241. conforming amendments (a) Section 228(d)(1) of the Social Security Act is amended by striking out “IV,”, and by inserting after “XVI,” the following: “or part. A of title IV,”. (b) (1) The first sentence of section 401 of the Social Security Act is amended by striking out “title” and inserting in lieu thereof “part” (2) The proviso in section 403(a)(3)(D) of such Act is amended by striking out “title” and inserting in lieu thereof “part”. (3) The last sentence of section 403(c)(2) of such Act is amended by striking out “title” and inserting in lieu thereof “part”. (4) Section 404(b) of such Act is amended by striking out “title” and inserting in lieu thereof “part”. (5) Section 406 of such Act is amended by striking out “title” in the matter preceding subsection (a) and inserting in lieu thereof “part”. (c) (1) Section 1106(c)(1) of such Act is amended by striking out 42 USC 1306. “IV,”, and by inserting after “XIX,” the following: “or part A of title IV”. (2) Section 1109 of such Act is amended by striking out “IV,”, 42 USC 1309. and by inserting after “XIX” the following: or part A of title IV,”. (3) Section 1111 of such Act is amended by striking out “IV,”, and 42 USC 1311. by inserting after “XVI,” the following: “, and part A of title IV,”. (4) Section 1115 of such Act is amended by striking out “IV,”, and 42 USC 1315. by inserting after “XIX” the following: “, or part A of title IV,”. (5) Section 1116 of such Act is amended— 42 USC 1316. (A) by striking out “IV,” in subsection (a)(1), and by inserting after “XIX,” in such subsection the following: “or part A of title IV,”; and (B) by striking out “IV,” in subsections (b) and (d), and by inserting after “XIX” in such subsections the following: “, or part A of title IV,”. (6) Section 1117 of such Act is amended— 42 USC 1317. (A) by striking out “IV,” in clause (A) of subsection (a)(2), and by inserting after “XIX” in such clause the following: and part A of title IV,”; (B) by striking out “IV,” each place it appears in subsection (b); (C) by inserting after “and XIX” in subsection (b) the following: “, and part A of title IV,”; (D) by inserting after “or XIX” in subsection (b) the following: “, or part A of title IV”. (7) Section 1118 of such Act is amended by striking out “IV,”, and 42 USC 1318. by inserting after “XVI,” the following: “and part A of title IV,”. (d) Section 1602(a)(11) of such Act is amended by striking out 42 USC 1382. “title IV, X, or XIV” and inserting in lieu thereof “part A of title IV or under title X or XIV”. (e) (1) Section 1843(b)(2) of such Act is amended by striking out 42 USC 1395v. “IV,”, and by inserting after “XVI” the following: “, and part A of title IV”. (2) Section 1843(f) of such Act is amended— (A) by striking out “IV,” in the first sentence, and by inserting after “XVI,” the first place it appears in such sentence the following: “or part A of title IV,”, and (B) by striking out “IV,” in the second sentence, and by inserting after “XVI” in such sentence the following: “, and part A of title IV”. (f) (1) Section 1902(a)(10) of such Act is amended by striking out 42 USC 1396a. “IV,”, and by inserting after “XVI” the following: “, and part A of title IV”. (2) Section 1902(a)(17) of such Act is amended by striking out “IV,”, and by inserting after “XVI” the following: “, or part A of title IV”. (3) Section 1902(b)(2) of such Act is amended by striking out “title IV” and inserting in lieu thereof “part A of title IV”. (4) Section 1902(c) of such Act is amended by striking out “IV,”, and by inserting after “XVI” the following: “, or part A of title IV”. (5) Section 1903(a)(1) of such Act is amended by striking out 42 USC 1396b. “IV, , and by inserting after “XVI,” the following: “or part A of title IV,” (6) Section 1905(a)(ii) of such Act is amended by striking out 42 USC 1396d. “title IV” and inserting in lieu thereof “part A of title IV”. Part 4— Miscellaneous and Technical Amendments Sec. 245. partial payments to states Sections 4, 404(a), 1004, and 1404 of the Social Security Act are each amended— (1) by striking out “further payments will not be made to the State” and inserting in lieu thereof “further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure)”; and (2) by striking out the last sentence and inserting in lieu thereof the following: “Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure).” Sec. 246. contracts for cooperative research or demonstrating projects Section 1110(a)(2) of the Social Security Act is amended by striking out “nonprofit”. Sec. 247. permanent authority to support demonstration projects Section 1115 of the Social Security Act is amended— (1) by striking out “$2,000,000” and inserting in lieu thereof “$4,000,000”; and (2) by striking out “ending prior to July 1, 1968” and inserting in lieu thereof “beginning after June 30, 1967”. Sec. 248. special provisions relating to puerto rico, the virgin islands, and guam (a) (1) Section 1108 of the Social Security Act is amended to read as follows: “Sec. 1108. “limitation on payments to puerto rico, the virgin islands, and guam (a) The total amount certified by the Secretary of Health, Education, and Welfare under title I, X, XIV, and XVI, and 42 USC 301, 1201, 1351, 1381; Ante, p. 911. under part A of title IV (exclusive of any amounts on account of services and items to which subsection (b) applies)— “(1) for payment to Puerto Rico shall not exceed— “(A) $12,500,000 with respect to the fiscal year 1968, “(B) $15,000,000 with respect to the fiscal year 1969, “(C) $18,000,000 with respect to the fiscal year 1970, “(D) $21,000,000 with respect to the fiscal year 1971, or “(E) $24,000,000 with respect to the fiscal year 1972 and each fiscal year thereafter; “(2) for payment to the Virgin Islands shall not exceed— “(A) $425,000 with respect to the fiscal year 1968, “(B) $500,000 with respect to the fiscal year 1969, “(C) $600,000 with respect to the fiscal year 1970, “(D) $700,000 with respect to the fiscal year 1971, or “(E) $800,000 with respect to the fiscal year 1972 and each fiscal year thereafter; and “(3) for payment to Guam shall not exceed— “(A) $575,000 with respect to the fiscal year 1968, “(B) $690,000 with respect to the fiscal year 1969, “(C) $825,000 with respect to the fiscal year 1970, “(D) $960,000 with respect to the fiscal year 1971, or “(E) $1,100,000 with respect to the fiscal year 1972 and each fiscal year thereafter. “(b) The total amount certified by the Secretary under part A of title IV, on account of family planning services and services provided 42 USC 601–609. Ante, p. 911. Ante, p. 890. under section 402(a)(19) with respect to any fiscal year— “(1) for payment to Puerto Rico shall not exceed $2,000,000, “(2) for payment to the Virgin Islands shall not exceed $65,000, and “(3) for payment to Guam shall not exceed $90,000. “(c) The total amount certified by the Secretary under title XIX 42 USC 1396–1396d. Ante, pp. 903–908. with respect to any fiscal year— “(1) for payment to Puerto Rico shall not exceed $20,000,000, “(2) for payment to the Virgin Islands shall not exceed $650,000, and “(3) for payment to Guam shall not exceed $900,000. “(d) Notwithstanding the provisions of sections 502(a) and 512(a) of this Act, and the provisions of sections 421, 503(1), and 504(1) of 42 USC 702, 712. Ante, p. 912. Post, p. 922. this Act as amended by the Social Security Amendments of 1967, and until such time as the Congress may by appropriation or other law otherwise provide, the Secretary shall, in lieu or the initial allotment specified in such sections, allot such smaller amounts to Guam as he may deem appropriate.” (2) The amendment made by paragraph (1) shall apply with respect to fiscal years beginning after June 30, 1967. (b) Notwithstanding subparagraphs (A) and (B) of section 403 (a)(3) of such Act (as amended by this Act), the rate specified in Ante, p. 879. such subparagraphs in the case of Puerto Rico, the Virgin Islands, and Guam shall be 60 per centum (rather than 75 or 85 per centum). (c) Effective July 1, 1969, neither the provisions of clauses (A) through (C) of section 402(a)(7) of such Act as in effect before the enactment of this Act nor the provisions of section 402(a)(8) of such 42 USC 602. Ante, p. 881. Act as amended by section 202(b) of this Act shall apply in the case of Puerto Rico, the Virgin Islands, or Guam. Effective no later than July 1, 1972, the State plans of Puerto Rico, the Virgin Islands, and Guam approved under section 402 of such Act shall provide for the disregarding of income in making the determination under section 402(a)(7) of such Act in amounts (agreed to between the Secretary and the State agencies involved) sufficiently lower than the amounts specified in section 402(a)(8) of such Act to reflect appropriately the applicable differences in income levels. (d) The amendment made by section 220(a) of this Act shall not Ante, p. 898. apply in the case of Puerto Rico, the Virgin Islands, or Guam. (e) Effective with respect to quarters after 1967, section 1905(b) of such Act is amended by striking out “55 per centum” and inserting 79 Stat. 352. 42 USC 1396d. in lieu thereof “50 per centum”. Sec. 249. approval of certain projects Title XI of the Social Security Act is amended by adding at the end thereof (after the new section added by section 209 of this Act) the following new section: Ante, p. 894. “Sec. 1120. “approval of certain projects (a) No payment shall be made, under this Act with respect to any experimental, pilot, demonstration, or other project all or any part, of which is wholly financed with Federal funds made available under this Act (without any State, local, or other non-Federal financial participation) unless such project shall have been personally approved by the Secretary or Under Secretary of Health, Education, and Welfare. “(b) As soon as possible after the approval of any project under subsection (a), the Secretary shall submit to the Congress a description of such project including a statement of its purpose, probable cost, and expected duration.” Sec. 250. assistance in the form of institutional services in intermediate care facilities (a) Title XI of the Social Security Act (as amended by sections 209 and 249 of this Act) is further amended by adding at the end thereof the following new section: “Sec. 1121. “assistance in the form of institutional services in intermediate care facilities (a) Any State which has in effect a plan for old-age assistance, approved under title I, a plan for aid to the blind, approved under title X, a plan for aid to the permanently and totally disabled, approved under title XIV, or a plan for aid to the aged, blind, or disabled, approved under title XVI, may, on or after January 1, 1968, modify such plan to include therein benefits in the form of institutional services in intermediate care facilities for individuals who are entitled (or would, if not receiving institutional services in intermediate care facilities, be entitled) to assistance, under such plan, in the form of money payments. “(b) Any modification pursuant to subsection (a) shall provide that benefits in the form of institutional services in intermediate care facilities will be provided only to individuals who— “(1) are entitled (or would, if not receiving institutional services in intermediate cure facilities, be entitled) to receive aid or assistance, under the State plan, in the form of money payments; “(2) because of their physical or mental condition (or both), require living accommodations and care which, as a practical matter, can be made available to them only through institutional facilities; and “(3) do not have such an illness, disease, injury, or other condition as to require the degree of care and treatment which a hospital or skilled nursing home (as that term is employed in title 42 USC 1396. Ante, pp. 903–908. XIX) is designed to provide. “(c) Payments to any State which modifies its approved State plan (referred to in subsection (a)) to provide, to the recipients of aid or assistance thereunder, benefits in the form of institutional services in intermediate care facilities shall be made in the same manner and from the same appropriation as payments made with respect to expenditures under the State plan so modified, except that, with respect to expenditures made by the State in paying the cost of benefits in the form of institutional services in intermediate care facilities for any quarter, the Secretary shall, if the State so elects, pay to each State an amount equal to the Federal medical assistance percentage (as defined 42 USC 1396d. Ante, p. 919. in section 1905(b)). “(d) Except when inconsistent with the purposes of this section or contrary to any provision of this section, any modification, pursuant to this section, of an approved State plan shall be subject to the same conditions, limitations, rights, and obligations as obtain with respect to such approved State plan. “(e) For purposes of this section, the term ‘intermediate care facility’ “Intermediate care facility.” means an institution or distinct part thereof which (1) is licensed, under State law, to provide the patients or residents thereof, on a regular basis, the range or level or care and services which is suitable to the needs of individuals described in subsection (b)(2) and (3), but which does not provide the degree of care required to be provided by a skilled nursing home furnishing services under a State plan approved under title XIX, and (2) meets such standards of safety 42 USC 1396–1396d. Ante, pp. 903–908. and sanitation as are applicable to nursing homes under State law; except that in no case shall such term include an institution which does not regularly provide a level of care and service beyond room and board. The term ‘intermediate care facility’ also includes a Christian Science sanatorium operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts, but only with respect to institutional services deemed appropriate by the State.”

  8. Social Security Amendments of 1972

    Pub. L. 92–603 § 410(c) · 86 Stat. 1329

    Inserted · 42 U.S.C. § 1352(a)(1)

    Pub. L. 92–603, § 410(c), inserted “except to the extent permitted by the Secretary with respect to services” before “provide”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 92–603, § 410(c), inserted “except to the extent permitted by the Secretary with respect to services” before “provide”.

    Enacted provision · exact public law section
    (c) Section 1402(a) of such Act is amended by inserting “except 42 USC 1352. to the extent permitted by the Secretary with respect to services,” before “provide” at the beginning of clause (1).

  9. Social Security Amendments of 1972

    Pub. L. 92–603 § 407(c) · 86 Stat. 1329

    1. Amended · 42 U.S.C. § 1352(a)(4)

      Pub. L. 92–603, § 407(c), designated existing provisions as subcl. (A)

    2. Added · 42 U.S.C. § 1352(a)(4)

      Pub. L. 92–603, § 407(c), added subcl. (B)

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 92–603, § 407(c), designated existing provisions as subcl. (A) and added subcl. (B).

    Enacted provision · exact public law section
    (c) Section 1402(a)(4) is amended by— 42 USC 1352. (1) deleting “provide” and inserting in lieu thereof “provide (A)”, and (2) inserting immediately before the semicolon at the end thereof the following: “, and (B) that if the State plan is administered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its decision upon the matter considered at such hearing”.

  10. Social Security Amendments of 1972

    Pub. L. 92–603 § 413(c) · 86 Stat. 1329

    Substituted · 42 U.S.C. § 1352(a)(9)

    Pub. L. 92–603, § 413(c), substituted provisions permitting the use or disclosure of information concerning applicants or recipients to public officials requiring such information in connection with their official duties and to other persons for purposes directly connected with the administration of the State plan, for provisions restricting the use or disclosure of such information to purposes directly connected with the administration of aid to the permanently and totally disabled

    Source evidence

    Code amendment note
    Subsec. (a)(9). Pub. L. 92–603, § 413(c), substituted provisions permitting the use or disclosure of information concerning applicants or recipients to public officials requiring such information in connection with their official duties and to other persons for purposes directly connected with the administration of the State plan, for provisions restricting the use or disclosure of such information to purposes directly connected with the administration of aid to the permanently and totally disabled.

    Enacted provision · exact public law section
    (c) Section 1402(a) (9) of such Act is amended to read as follows: “(9) provide safeguards which permit the use or disclosure of information concerning applicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the administration of the State plan;”.

  11. Social Security Amendments of 1972

    Pub. L. 92–603 § 405(c) · 86 Stat. 1329

    Inserted · 42 U.S.C. § 1352(a)(12)

    Pub. L. 92–603, § 405(c), inserted provision relating to the use of whatever internal organizational arrangement found appropriate

    Source evidence

    Code amendment note
    Subsec. (a)(12). Pub. L. 92–603, § 405(c), inserted provision relating to the use of whatever internal organizational arrangement found appropriate.

    Enacted provision · exact public law section
    (c) Section 1402(a) (12) of such Act is amended by inserting “(using whatever internal organizational arrangement it finds appropriate for this purpose)” immediately after “provide a description of the services (if any) which the State agency makes available”.

  12. Social Security Amendments of 1972

    Pub. L. 92–603 § 406(c) · 86 Stat. 1329

    Inserted · 42 U.S.C. § 1352(b)

    Pub. L. 92–603, § 406(c), inserted provision relating to the furnishing of manuals and other policy issuances to persons without charge and at the option of the State

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 92–603, § 406(c), inserted provision relating to the furnishing of manuals and other policy issuances to persons without charge and at the option of the State.

    Enacted provision · exact public law section
    (c) Section 1402(b) of such Act is amended by adding at the end thereof the following new sentence: “At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the reasonable cost of such materials, but such provision shall not be required by the Secretary as a condition for the approval of such plan under this title.”

  13. Spending Reduction Act of 1984

    Pub. L. 98–369 div. B title VI § 2651(g) · 98 Stat. 494

    Added · 42 U.S.C. § 1352(a)(13)

    Pub. L. 98–369 added cl. (13)

    Source evidence

    Code amendment note
    Subsec. (a)(13). Pub. L. 98–369 added cl. (13).

    Enacted provision · exact public law section
    (g) Section 1402(a) of the Social Security Act is amended— (1) by striking out “and” at the end of clause (11); and (2) by inserting before the period at the end thereof the following: and (13) provide that information is requested and exchanged for purposes of income and eligibility verification in accordance with a State system which meets the requirements of section 1137 of this Act”.

  14. Personal Responsibility and Work Opportunity Reconciliation Act of 1996

    Pub. L. 104–193 title I § 108(h) · 110 Stat. 2105

    Substituted · 42 U.S.C. § 1352(a)(7)

    Pub. L. 104–193 substituted “assistance under a State program funded under part A of subchapter IV” for “aid to families with dependent children under the State plan approved under section 602 of this title”

    Source evidence

    Code amendment note
    Subsec. (a)(7). Pub. L. 104–193 substituted “assistance under a State program funded under part A of subchapter IV” for “aid to families with dependent children under the State plan approved under section 602 of this title”.

    Enacted provision · exact public law section
    (h) Amendment to Title XIV.— Section 1402(a)(7) (42 U.S.C. 1352(a)(7)) is amended by striking “aid to families with dependent children under the State plan approved under section 402 of this Act” and inserting “assistance under a State program funded under part A of title IV”.

    Effective date note
    Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.

13 of 16 references resolved to an enrolled provision · 2 partial · 1 unresolved

Notes

Repeal of Section

Pub. L. 92–603, title III, § 303(a), (b), , 86 Stat. 1484, provided that this section is repealed effective , except with respect to Puerto Rico, Guam, and the Virgin Islands.

Editorial Notes

Amendments1956–1996 · 7 rounds

1996

Subsec. (a)(7). Pub. L. 104–193 substituted “assistance under a State program funded under part A of subchapter IV” for “aid to families with dependent children under the State plan approved under section 602 of this title”.

1984

Subsec. (a)(13). Pub. L. 98–369 added cl. (13).

1972

Subsec. (a)(1). Pub. L. 92–603, § 410(c), inserted “except to the extent permitted by the Secretary with respect to services” before “provide”.

Subsec. (a)(4). Pub. L. 92–603, § 407(c), designated existing provisions as subcl. (A) and added subcl. (B).

Subsec. (a)(9). Pub. L. 92–603, § 413(c), substituted provisions permitting the use or disclosure of information concerning applicants or recipients to public officials requiring such information in connection with their official duties and to other persons for purposes directly connected with the administration of the State plan, for provisions restricting the use or disclosure of such information to purposes directly connected with the administration of aid to the permanently and totally disabled.

Subsec. (a)(12). Pub. L. 92–603, § 405(c), inserted provision relating to the use of whatever internal organizational arrangement found appropriate.

Subsec. (b). Pub. L. 92–603, § 406(c), inserted provision relating to the furnishing of manuals and other policy issuances to persons without charge and at the option of the State.

1968

Subsec. (a)(5). Pub. L. 90–248, § 210(a)(4), designated existing provisions as subcl. (A) and added subcl. (B).

Subsec. (a)(8)(A). Pub. L. 90–248 § 213(a)(3), increased from $5 to $7.50 limitation on amount of any income which the State may disregard in making its determination of need.

1965

Subsec. (a)(8). Pub. L. 89–97 inserted exception prohibiting disregard by State in making its determination of need of more than $5 of any income or of more than the first $20 of the first $80 per month of additional income which is earned and allowing disregard, for a period not in excess of 36 months, of such additional amounts of other income and resources as may be necessary to the fulfillment of approved plan for achieving self-support but only as to the part or parts of such period during substantially all of which he is actually undergoing vocational rehabilitation.

1962

Subsec. (a)(7). Pub. L. 87–543, § 104(a)(3)(I), substituted “aid to families with dependent children” for “aid to dependent children”.

Subsec. (a)(8). Pub. L. 87–543, § 106(a)(3), inserted “, as well as any expenses reasonably attributable to the earning of any such income”.

1956

Subsec. (a)(12). Act , added cl. (12).

Statutory Notes and Related Subsidiaries

Change of Name

“Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.

Effective Date of 1996 Amendment

Amendment by Pub. L. 104–193 effective , with transition rules relating to State options to accelerate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substantially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title.

Effective Date of 1984 Amendment

Amendment by Pub. L. 98–369 effective , except as otherwise provided, see section 2651(l)(2) of Pub. L. 98–369, set out as an Effective Date note under section 1320b–7 of this title.

Effective Date of 1968 Amendment

Amendment by section 210(a)(4) of Pub. L. 90–248 effective , or, if earlier (with respect to a State’s plan approved under this subchapter) on the date as of which the modification of the State plan to comply with such amendment is approved, see section 210(b) of Pub. L. 90–248, set out as a note under section 302 of this title.

Effective Date of 1965 Amendment

Pub. L. 89–97, title IV, § 403(d), , 79 Stat. 418, provided that the amendment made by that section is effective .

Effective Date of 1962 Amendment

Amendment by section 106(a)(3) of Pub. L. 87–543 effective , see section 202(a) of Pub. L. 87–543, set out as a note under section 302 of this title.

Effective Date of 1956 Amendment

Amendment by act , effective , see section 314 [315] of act , set out as a note under section 302 of this title.

Transfer of Functions

Functions, powers, and duties of Secretary under subsec. (a)(5)(A) of this section, insofar as relates to the prescription of personnel standards on a merit basis, transferred to Office of Personnel Management, see section 4728(a)(3)(D) of this title.

Public Access to State Disbursement Records

Public access to State records of disbursements of funds and payments under this subchapter, see note set out under section 302 of this title.

Executive Documents

Transfer of Functions

Functions of Federal Security Administrator transferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agency and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953.

Credits

1935–1996 · 9 acts
  1. 1935Aug. 14, 1935, ch. 531, title XIV, § 1402, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 555
  2. 1953amended 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, 67 Stat. 631
  3. 1956Aug. 1, 1956, ch. 836, title III, § 314(b), 70 Stat. 850
  4. 1962Pub. L. 87–543, title I, §§ 104(a)(3)(I), 106(a)(3), , 76 Stat. 185, 188
  5. 1965Pub. L. 89–97, title IV, § 403(d) , 79 Stat. 418
  6. 1968Pub. L. 90–248, title II, §§ 210(a)(4), 213(a)(3), , 81 Stat. 896, 898
  7. 1972Pub. L. 92–603, title IV, §§ 405(c), 406(c), 407(c), 410(c), 413(c), , 86 Stat. 1488, 1489, 1491, 1492
  8. 1984Pub. L. 98–369, div. B, title VI, § 2651(g), , 98 Stat. 1150
  9. 1996Pub. L. 104–193, title I, § 108(h), , 110 Stat. 2169.
Show as published

(Aug. 14, 1935, ch. 531, title XIV, § 1402, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 555; amended 1953 Reorg. Plan No. 1, §§ 5, 8, eff. , 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836, title III, § 314(b), 70 Stat. 850; Pub. L. 87–543, title I, §§ 104(a)(3)(I), 106(a)(3), , 76 Stat. 185, 188; Pub. L. 89–97, title IV, § 403(d) , 79 Stat. 418; Pub. L. 90–248, title II, §§ 210(a)(4), 213(a)(3), , 81 Stat. 896, 898; Pub. L. 92–603, title IV, §§ 405(c), 406(c), 407(c), 410(c), 413(c), , 86 Stat. 1488, 1489, 1491, 1492; Pub. L. 98–369, div. B, title VI, § 2651(g), , 98 Stat. 1150; Pub. L. 104–193, title I, § 108(h), , 110 Stat. 2169.)

Parsed from the official OLRC USLM XML in data/usc_all/usc42.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t42/s1352