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H.R. 11333 (93rd): An Act to provide a 7-percent increase in social security benefits beginning with March 1974 and an additional 4-percent increase beginning with June 1974, to provide increases in supplemental security income benefits, and for other purposes.


The text of the bill below is as of Dec 31, 1973 (Passed Congress).


87 STAT. ]          PUBLIC LAW 93-233-DEC. 31, 1973                                                         9'47

Public Law 93-233
                                     AN ACT                                           December 3 1 , 1973
To provide a 7-pei'cent increase in social security benefits beginning witli Marcli     [H. R. 11333]
  1974 and an additional 4-i)ercent increase beginning with June lf)74, to provide
  increases in supplemental security income benefits, and for other i>uriK)ses.

 Be it enacted by the /Senate and Home of RepreHevtatloeii of the
United States of America in Congress assembled,                                         Social security
                                                                                      benefits, i n c r e a s e .

    I N T E R I M COST-OF-LIVING INCREASES I N SOCIAL SECURITY B E N E F I T S

   SECTION 1. (a) Section 201(a) (1) of Public Law l)3-()6 is amended                   Ante,    p . 152.
by striking out "the percentage by which" and all that follows and
inserting in lieu thereof the following: "7 per centum/'.
   (b) Section 201(a) (2) of Public Law 98-()6 is amended—
          (1) by striking out "May 1974" each place it appears and
       inserting in lieu thereof "February 1974"; and
          (2) by striking out "January 1975" each place it appears and
       inserting in lieu thereof "June 1974".
    (c) Section 201(b) of Public Law 93-66 is amended to read as
follows:
   " ( b ) The increase in social security benefits authorized under this
section shall be provided, and anj^ determinations by the Secretary in
connection with the provision of such increase in benefits shall be
made, in the manner prescribed in section 215 (i) of the Social Security
Act for the implementation of cost-of-living inci'eases authorized                       Post,   p . 952.
under title I I of such Act, except that—
          "(1) the amount of such increase shall be 7 per centum,
          "(2) in the case of any individual entitled to monthly insur-
       ance benefits payable pursuant to section 202(e) of such Act for                 Infra.
       February 1974 (without the application of section 202(j) (1) or
       223(b) of such Act), including such benefits based on a primary                   42 u s e 4 0 2 , 4 2 3 .
       insurance amount determined under section 215(a)(3) of such
       Act as amended by this section, such increase shall be determined                 Post,   p . 948,
       without regard to j)aragraph (2) (1^) of such section 202(e), and
          "(3) in the case of any individual entitled to monthly insur-
       ance benefits payable pui-suant to section 202(f) of such Act for
       February 1974 (without the application of section 202(j) (1) or
       223(b) of such Act), inchuling such l)enefits based on a primary
       insurance amount determined under section 215(a) (3) of such
       Act as amended by this section, such increase shall be determined
       without regard to paragraph (3) (B) of such section 202(f),".
   (d) Section 201(c) (2) of Public Law 93-66 is amended by striking                    Ante,    p . 152.
out "May 1974" and inserting in lieu thereof "Febi'uary 1974",
   (e) Section 201(d) of Public Law 93-66 is amended by striking out
"December 1974" each place it appeai-s and inserting in lieu thereof
"May 1974".
                                                                                        81 Stat. 829.
   (f) Section 202(e) of the Social Security Act is amended by adding
at the end thereof the following new paragraph:
   "(7) I n the case of an individual entitled to monthly insurance
benefits payable under this section for any month prior to Januaiy
1973 whose benefits were not redetermined imder section 102(g) of
the Social Security Amendments of 1972, such benefits shall not be re-                  86 Stat.    1338.
                                                                                        42 u s e    402
determined pui'suant to such section, but shall be increased pursuant to              note.
any general benefit increase (as defined in section 215 (i) (3)) or any                 86 Stat.    412,
                                                                                        42 u s e    415.
increase in benefits made under or pursuant to section 215 (i), includ-
ing for this purpose the increase i)rovided effective for March 1974,
as though such redetermination had been made."

948 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. 81 Stat. 830. (g) Section 202(f) of the Social Security Act is amended by adding 42 u s e 402. at the end thereof the following new paragraph : "(8) I n the case of an individual entitled to monthly insurance benefits payable under this section for any month prior to January 1973 whose benefits were not redetermined under section 102(g) of 86 Stat. 1338. the Social Security Amendments of 1972, such benefits shall not be 42 u s e 402 note. redetermined pursuant to such section, but shall be increased pursuant 86 Stat. 412. to any general benefit increase (as defined in section 215(i) (3) or any 42 u s e 415. increase in benefits made under or pursuant to section 215 ( i ) , includ- Post, p . 952. ing for this purpose the increase provided effective for March 1974, as though sucn redetermination had been made." 86 Stat, 1333. (h) (1) Section 215(a) (3) of the Social Security Act is amended by striking out "$8.50*- and inserting in lieu thereof "$9.00". Effective d a t e . (2) The amendment made by paragraph (1) shall be effective with respect to benefits payable for months after February 1974. (i) In tho case of an individual to whom monthly benefits are ])ay- 53 Stat. 1362. 42 u s e 401. able under title I I of the Social Security Act for February 1974 (with- 42 u s e 402, out the application of section 202(j) (1) or 223(b) of such Act), and 423. to whom section 202 (m) of such Act is applicable for such month, 86 Stat. 1338. such section shall continue to be applicable to such benefits for the months of March through May 1974 for which such individual remains tlie only individual entitled to a monthly benefit on the basis of the wages and self-employment income of the deceased insured individual. E L E V E X - P E R C E X T I N C R E A S E I X SOCIAL SECURITY B E N E F I T S 86 Stat. 406. SEC. 2. (a) Section 215(a) of the Social Security Act is amended 42 u s e 415. by striking out the table and inserting in lieu thereof the following; "TABLE FOR DETERMINING PRIMARY INSURANCE AMOUNT AND MAXIMUM FAMILY BENEFITS "I n nr IV V (Primary ( P r i m a r y insurance Iteiielit insurance (Primary (Maximum u n d e r 11)39 A e l , as amount (Average m o n t h l y wage) insurance family modified) effective for amount) benefits) September 1972) "If an i n d i v i d u a l ' s pri- And the m a r y insurance benefit (as Or his average m o n t h l y maximum d e t e r m i n e d u n d e r SHV)see. wage (as d e t e r m i n e d u n d e r a m o u n t of (d)) i s - O r his pri- subsee. (b)) is— The amount benefits p a y - m a r y insur- referred able (as pro- ance a m o u n t t o in t h e vided in (as deter- pTeceding sec. 203(a)) lUil noi more mined under B u t not paragraphs on t h e basis " A t least— than— subsec. A t least— more t h a n — of t h i s of his wages (c)) i s - subsection a n d self- shall be— employment income shall be— „ .$16. 20 $84.50 .$76 .$93.80 $140.80 $16. 21 16.84 85.80 $77 78 96.30 143.00 16.86 17.60 87.80 79 80 97.50 146.30 17.61 18.40 89.40 81 81 99.30 149.00 18.41 19.24 91.00 82 83 101.10 151.70 19.25 20.00 92.90 84 86 103.20 154.80 20.01 20.64 94. 60 86 87 105.10 157.70 20.66 21.28 96. 20 88 89 108.80 160. 20 21.29 21.88 98.10 90 90 108.90 163.40 21.80 22.28 99.80 91 92 110.80 166.20 22.2!) 22.68 101.40 93 94 112.60 169.00 22.69 23.08 103.00 96 96 114.40 171. 60 23.09 23.44 104.90 97 97 116.50 174.80 23.45 23.76 106.70 98 99 118.50 177. 80 23.77 24.20 108.80 100 101 120.80 181.20 24.21 24.60 110.30 102 102 122.50 183.80 24.61 25.00 112.10 103 104 124.50 186.80 26.01 26.48 114. 20 106 106 126.80 190.20 26.49 26.92 116.00 107 107 128.80 193.20 26.93 26.40 117.90 108 109 130.90 196.40 26.41 26.94 119.70 110 113 132.90 199.40
87 STAT.] PUBLIC LAW 93-233-DEC. 31, 1973 949 'TABLE FOE DETERMINING PRIMAHY INSURANCE AMOUNT AND MAXIMUM FAMILY BENEFITS—Continued "I II III IV V (Primary ( P r i m a r y insurance benefit Insurance (Primary (Maximum u n d e r 1939 Act, as amount (Average m o n t h l y wage) insurance family modified) effective for amount) benefits) September 1972) "If a n i n d i v i d u a l ' s pri- And the m a r y i n s u r a n c e benefit (a? O r his average m o n t h l y maximum d e t e r m i n e d u n d e r subsec. w a g e (as d e t e r m i n e d u n d e r a m o u n t of (d)) i s - Or his pri- subsec. (b)) i s - The amount benefits p a y - m a r y insur- referred able (as pro- ance a m o u n t t o in t h e v i d e d in (as deter- preceding sec. 203(a)) B u t not m o r e mined under B u t not paragraphs on t h e basis " A t least— tiian— subsec. A t least— more t h a n — of this of his wages (0) i s - subsection a n d self- shall be— employment income shall be— $26.95 $27.46 $121. 40 $114 $118 $134.80 $202. 20 27.47 28.00 123.30 119 122 136.90 205.40 28.01 28.68 125.10 123 127 138.90 208.40 28.69 29.25 127.10 128 132 141.10 211.70 29.26 29.68 128.80 133 136 143.00 214.60 29.69 30.36 130.50 137 141 144.90 217.40 30.37 30.92 132.50 142 146 147.10 220.70 30.93 31.36 134.30 147 150 149.10 223.70 31.37' 32.00 136.00 151 155 151.00 226.50 32.01 32.60 138.00 156 160 153.20 229.80 32.61 33.20 139.70 161 164 156.10 232.70 33.21 33.88 141.60 165 169 157.20 235.80 33.89 34.50 143.40 170 174 159.20 238.90 34.51 35.00 145.20 175 178 161.20 241.80 35.01 35.80 147.20 179 183 163.40 245.10 35.81 36.40 148.80 184 188 165.20 247.80 36.41 37.08 150.90 189 193 167.50 251.40 37.09 37.60 152.70 194 197 169.50 254.40 37.61 38.20 154.40 198 202 171.40 257.10 38.21 39.12 156.40 203 207 173.70 260.60 39.13 39.68 158.20 208 211 175.70 263.60 39.69 40.33 159.80 212 216 177.40 266.10 40.34 41.12 161.80 217 221 179.60 269.40 41.13 41.76 163.60 222 225 181.60 272.40 41.77 42.44 165.50 226 230 183.80 276.70 42.45 43.20 167.30 231 235 185.80 278.70 43.21 43.76 169.40 236 239 188.10 282.20 43.77 44.44 171.00 240 244 189.90 286.20 44.45 44.88 172.70 245 249 191.70 292.10 44.89 45.60 174.80 250 253 194.10 296.80 176.60 254 258 196.10 302.60 178.10 259 263 197.70 308.40 180.20 264 267 200.10 313.10 182.00 268 272 202.10 319. CO 183.90 273 277 204.20 324.80 185.70 278 281 206.20 329.50 187.50 282 286 208. 20 335.40 189. 50 287 291 210.40 341.30 191.10 292 295 212.20 345.90 193.10 296 300 214.40 351.70 194.90 301 305 216.40 357.60 196.60 306 309 218. 30 362.40 198.60 310 314 220.60 368.20 200.30 315 319 222.40 374.10 202.00 320 323 224. 30 378.80 204.00 324 328 226.50 384.70 205.80 329 333 228.50 390.60 207.90 334 337 230.80 395.20 209.40 338 342 232.50 401.00 211.20 343 347 234.50 406.90 213.30 348 351 236.80 411.50 215.00 352 356 238.70 417.40 217.00 357 361 240.90 423.30 218.70 362 365 242.80 428.00 220.40 366 370 244.70 433.80 222.40 371 375 246.90 439.60 224.20 376 379 248.90 444.50 226.20 380 384 251.10 450.30 227.80 385 389 252.90 456.10 229.60 390 393 254.90 460.80 231.60 394 398 267.10 466.70 233.30 399 403 269.00 472.60 235.40 404 407 261.30 477.20 236.90 408 412 263.00 483.10 238.60 413 417 264.90 488.90 240.30 418 421 266.80 493.60 242.20 422 426 268.90 499.40 243.80 427 431 270.70 505.30 245.40 432 436 272.40 511.20 247.40 437 440 274.70 513.50 248.90 441 445 276.30 616.50
950 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. 'TABLE FOR DETERMINING PRIMARY INSURANCE AMOUNT AND MAXIMUM FAMILY BENEFITS—Continued "I II III IV V (Primary ( P r i m a r y i n s u r a n c e benefit insurance (Primary (Maximum u n d e r 1939 Act, as amount (Average m o n t h l y wage) insurance family modified) eflective for amount) benefits) September 1972) " I f a n i n d i v i d u a l ' s pri- And the m a r y i n s u r a n c e benefit (as Or his average m o n t h l y maximum d e t e r m i n e d u n d e r subsec. wage (as d e t e r m i n e d u n d e r a m o u n t of (d)) i s - Or liis pri- subsec. (b)) is— The amount benefits p a y - m a r y insur- referred able (as pro- ance a m o u n t - to in the vided i n (as deter- preceding sec. 203(a)) B u t n o t more mined under B u t not paragraphs on t h e basis " A t least— than— subsec. A t least— more than— of t h i s of his wages (c)) i s - subsection a n d self- shall be— employment income shall be- $250.60 $446 $460 $278.20 $519.40 262.60 461 454 280.30 521.70 254.10 466 469 282.10 624.60 255.80 460 464 284.00 527.50 257.40 465 468 285.80 630.00 269.40 469 473 288.00 532.80 260.90 474 478 289.60 535.80 262.60 479 482 291.50 538.20 264.50 483 487 293.60 541.20 266.10 488 492 295.40 544.10 267.80 493 496 297.30 546.40 269.70 497 501 299.40 549.30 271.20 502 506 301.10 552.20 272.90 607 510 303.00 554.60 274.60 511 515 304.90 557.50 276.40 516 520 306.90 560.50 278.10 521 524 308.70 562.70 279.80 525 529 310.60 565.70 281.70 530 534 312.70 568.60 283.20 535 538 314.40 571.00 284.90 539 543 316.30 573.90 286.80 544 548 318.40 576. 80 288.40 549 553 320.20 579. 80 290.10 554 556 322.10 581. 50 291.50 557 560 323.60 583.90 293.10 561 563 325.40 585.70 294.60 564 567 327.10 588.00 296.20 568 570 328.80 589.80 297.60 571 574 330.40 592.00 299.20 575 577 332.20 593.90 300.60 578 581 333.70 .'596.10 302.20 582 584 335.50 597.90 303.60 585 .588 337.00 600.30 305.30 589 591 338.90 602.00 306.80 592 595 340.60 604.40 308.30 596 598 342.30 606.10 309.80 599 602 343.90 608.60 311.30 603 605 345.60 610.30 312.80 606 609 347.30 612.50 314.40 610 612 349.00 614.40 315.90 613 616 350.70 616.70 317.40 617 620 352.40 619.10 318.90 621 623 354.00 620.80 320.40 624 627 355.70 623.20 321.90 628 630 357.40 625.30 323.40 631 634 359.00 628.40 325.00 635 637 360.80 631.30 326.60 638 641 362.60 634.40 328.00 642 644 364.10 637.20 329.60 645 648 365.90 640.30 331.00 649 652 367.50 643.10 332.00 653 656 368.60 645.00 332.90 657 660 369.60 646.70 334.10 661 665 370.90 649.10 335.30 666 670 372. 20 651.40 336.50 671 675 373.60 653.70 337.70 676 680 374.90 656.10 338.90 681 685 376.20 658.40 340.10 686 690 ,377.60 660.70 341.30 691 695 378.90 663.10 342.50 696 700 380.20 665.40 343.70 701 705 381.60 667. 70 344.90 706 710 382.90 670.00 346.10 711 715 384.20 672.40 347.30 716 720 385.60 674.70 348.50 721 725 386.90 677.00 349.70 726 730 388.20 679.40 350.90 731 735 389.50 681.70 352.10 736 740 390.90 684.00 353.30 741 745 392.20 686.40 354.50 746 750 393.50 688.70
87 STAT.] PUBLIC LAW 93-233-DEC. 31, 1973 951 "TABLE FOR DETERMINING PRIMARY INSURANCE AMOUNT AND MAXIMUM FAMILY BENEFITS—Continued "I II III IV V (Primary (Primary insurance benefit insurance (Primary (Maximum under 1939 Act, as amount (Average m o n t h l y wage) insxu-anee family modified) effective for amount) benefits) September 1972) "If an individual's pri- A n d the mary insurance benefit (ab Or his average m o n t h l y maximum determined under subsec wage (as determined under amount of (d)) i s - Or his pri- subsec. (b)) is— T h e amouftt benefits pay- mary insur- referred able (as pro- ance a m o i m t to in the vided in (as deter- preceding sec. 203(a)) B u t not more mined under B u t not paragraphs on the basis "At least— than— subsec. A t least— more than— of this of his wages (0) i s - subsection and self- shall be— employment income shall be- $355.50 $751 $755 $394.70 $690.70 356.50 756 760 395.80 692.60 357.50 761 765 396.90 694.60 358.50 766 770 398.00 696.50 359.50 771 775 399.10 698.50 360.50 776 780 400.20 700.30 361.50 781 786 401.30 702.30 362.50 786 790 402.40 704.20 363.50 791 795 403.50 706.20 364.50 796 800 404.60 708.10 365.50 801 805 405.80 710.10 366.50 806 810 406.90 712.00 367.60 811 815 408.00 714.00 368.60 816 820 409.10 715.90 369.50 821 825 410.20 717.90 370.60 826 830 411.30 719.80 371.60 831 835 412.40 721.80 372.60 836 840 413.60 723.70 373.60 841 846 414.60 725.70 374.60 846 860 416.70 727.50 376.50 851 865 416.90 729.50 376.60 856 860 418.00 731.40 377.50 861 865 419.10 733.40 v'"; , ' " 378.60 866 870 420.20 735.30 379.50 871 875 421.30 737.30 380.50 876 880 422.40 739.20 }> ft- 381.60 881 885 423.60 741.20 382.60 886 890 424.60 743.10 383.60 891 895 425.70 745.10 384.60 896 900 426.80 747.00 385.60 901 906 428.00 749.00 386.50 906 910 429.10 750.90 387.60 911 916 430.20 752.90 388.60 916 920 431.30 754.70 389.60 921 925 432.40 756.70 390.60 926 930 433.50 758.60 391.50 931 935 434.60 760.60 392.60 936 940 435.70 762.50 393.60 941 945 436.80 764.50 394.60 946 950 437.90 766.40 396.60 961 955 439.10 768.40 396.80 956 960 440.20 770.30 397.60 961 966 441.30 772.30 898.60 966 970 442.40 774.20 399.50 971 975 443.60 776.20 400.50 976 980 444.60 778.00 , •- .• - i ' • 401.60 981 986 445.70 780.00 402.60 986 990 446.80 781.90 403.60 991 996 447.90 783.90 404.60 996 1,000 449.00 785.80 1,001 1,005 460.00 787.50 1,006 1,010 451.00 789.30 1,011 1,015 452.00 791.00 1,016 1,020 453. CO 792.80 1,021 1,025 464.00 794.50 1,026 1,030 456.00 796.30 1,031 1,036 456.00 798.00 1,036 1,040 457.00 799.80 1,041 1,045 458.00 801.50 1,046 1,060 469.00 803.30 1,061 1,065 460.00 805.00 1,066 1,060 461.00 806.80 1,061 1,065 462.00 808.50 1,066 1,070 463.00 810.30 1,071 1,076 464.00 812.00 1,076 1,080 465.00 813.80 1,081 1,086 466.00 815.60 1,086 1,090 467.00 817.30 1,091 1,096 468.00 819.00 1,096 1,100 469.00 820.80."
952 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. (b) (1) Effective June 1, 1974, sections 227 and 228 of the Social 86 Stat. 4 1 1 . Security Act are amended by striking out "$58.00" wherever it appears 42 use 427, 428. and inserting in lieu thereof "the larger of $64.40 or the amount most Infra. recently established in lieu thereof under section 215 (i)", and by striking out "$29.00*' wherever it appears and inserting in lieu thereof "the larger of $32.20 or the amount most recently established in lieu thereof under section 215 (i)". Repeal (2) Section 202(a)(4) of Public Law 92-336 is hereby repealed. 86 Stat 412. 42 use 427 (c) The amendment made by subsections (a) and (b) shall apply note with respect to monthly benefits under title I I of the Social Security Effective date 53 Stat. 1362; Act for months after May 1974, and with respect to lump-sum death 86 Stat. 1367. payments under section 202(i) of such Act in the case of deaths 42 use 401. occurring after such month. 74 Stat. 947; 85 Stat. 802. (d) Section 202(a) (3) of Public Law 92-336 is amended by strik- 42 u s e 402. ing out "January 1, 1975" in subparagraphs ( A ) , ( B ) , and (C) and 86 Stat. 416. 42 use %is inserting in lieu thereof in each instance "June 1,1974". note ••-> M O D I F I C A T I O N OF COST-OF-LIVING B E N E F I T I N C R E A S E PROVISIONS SEC. 3. (a) Clause (i) of section 2 1 5 ( i ) ( l ) ( A ) of the Social 86 Stat. 412. Security Act is amended to read as follows: "(i) the calendar quarter 42 u s e 415. ending on March 31 in each year after 1974, or". (b) Clause (ii) of section 2 1 5 ( i ) ( l ) ( B ) of such Act is amended by striking out "in which a law" and all that follows and inserting in lieu thereof "if in the year prior to such year a law has been enacted providing a general benefit increase under this title or if in such prior year such a general benefit increase becomes effective; and". (c) Section 215(i) (2) (A) (i) of such Act is amended by striking out "1974" and inserting in lieu thereof "1975", and by striking out "and to subparagraph (E) of this paragraph". (d) Section 215 (i) (2) (A) (ii) of sucn Act is amended— (1) bv striking out "such base quarter" and inserting in lieu thereof "the base quarter in any year"; (2) by striking out "January of the next calendar year" and inserting in lieu thereof "June of sucli year"; and (3) by striking o u t " (subject to subparagraph ( E ) ) " . (e) Section 215(i) (2) (B) of such Act is amended by striking out "December" each place it appears and inserting in lieu thereof "May", and by striking out "(subject to subparagraph ( E ) ) " . (f) Section 215(i) (2) (C) (ii) of such Act is amended by striking out "on or before Aujrust 15 of such calendar vear" and inserting in lieu thereof "within 30 davs after tl^e close of such quarter". (g) Section 215(i) (2) (D) of such Act is amended by striking out "on or before November 1 of such calendar year" and inserting in lieu tliereof "Avithin 45 days after the close of such quarter". (h) Section 215(i) (2) of such Act is amended by striking out sub- paratrraph ( E ) . Post, p. 953. (i) For purposes of section 203(f) (8), so much of section 215 (i) (1) (B) as follows the semicolon, and section 230(a) of the Social Security Infra. Act, the increase in benefits provided bv section 2 of thi's Act shall be Supra. considered an increase under section 215 (i) of the Social Security Act. 86 Stat. 417. 42 u s e 430. (j) (1) Section 230(a) of such Act is amended— (A) by striking out "with the fii-st month of tlie calendar year" and inserting in lieu thereof "witli the J u n e " ; and (B) by striking out " (along with the publication of such benefit increase as required by section 215(i) (2) ( D ) ) " and by striking out "(unless such increase in benefits is prevented from becoming effective by section 215 (i) (2) ( E ) ) " .
87 STAT. ] PUBLIC LAW 93-233-.DEC. 31, 1973 953 86 Stat. 417. (2) Section 230(c) of such Act is amended by striking out "the 42 stat! 430! fe-st month" and inserting in lieu thereof "the June". (k) (1) Section 203(f) (8) (A) of such Act is amended to read as H use 403 follows: Ante, p . 952. " ( A ) Whenever the Secretary pursuant to section 215(i) increases benefits effective with the month of June following a cost- of-living computation quarter he shall also determine and publish in the Federal Register on or before November 1 of the calendar year in which such quarter occurs a new exempt amount which shall be effective (unless such new exempt amount is prevented from becoming effective by subparagraph (C) of this paragraph) with respect to any individual's taxable year which ends after the calendar year in which such benefit increase is effective (or, in the case of an individual who dies during the calendar year after the calendar year in which the benefit increase is effective, with respect to such individual's taxable year which ends, upon his death, during such year).". (2) Section 203(f) (8) (B) of such Act is amended by striking out "no later than August 15 of such year" and insertiiig in lieu thereof "within 30 days after the close of the base quarter (as defined in section 215(i) (1) ( A ) ) in such year". (3) Section 2 0 3 ( f ) ( 8 ) ( C ) is amended by striking out "or pro- viding a general benefit increase under this title (as defined in section 215(i)(3))". SUPPLEMENTAL SECURITY I N C O M E BENEFITS SEC. 4. (a) (1) Section 210(c) of Public Law 93-66 is amended by Ante, p . 154. striking out "June 1974" and inserting in lieu thereof "December 1973". (2) Section 2 1 1 ( a ) ( 1 ) ( A ) of Public Law 93-66 is amended by striking out "($780 in the case of any period prior to July 1974)". (b) Effective with respect to payments for months after June 1974— (1) section 1611(a)(1)(A) and section 1611(b)(1) of the Social Security Act (as enacted by section 301 of the Social Secu- rity Amendments of 1972 and amended by section 210 of Public Law 93-66) are each amended by striking out "$1,680" and insert- ^^^^ 86 Stat.^^^ 1466; ing in lieu thereof "$1,752"; * "42\s"c 1382. (2) section 1611(a)(2)(A) and section 1611(b)(2) of such Act (as so enacted and amended) are each amended by striking out "$2,520" and inserting in lieu thereof "$2,628"; and (3) section 211(a) (1) (A) of Public Law 93-66 (as amended bv subsection (a) (2) of this section) is amended by striking out "$840" and inserting in lieu thereof "$876". INCREASE I N E A R N I N G S BASE SEC. 5. ( a ) ( 1 ) Section 209(a)(8) of the Social Security Act is ^"'''^^ ' " ' amended by striking out "$12,600" and inserting in lieu thereof "$13,200". (2) Section 211(b) (1) ( H ) of such Act is amended by striking out *'$12,600" and inserting in lieu thereof "$13,200". (3) Sections 213(a) (2) (ii) and 213(a) (2) (iii) of such Act are each amended by striking out "$12,600" and inserting in lieu thereof "$13,200". (4) Section 215(e)(1) of such Act is amended by striking out *'$12,600" and inserting in lieu thereof "$13,200".
954 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. (b)(1) ScH'tion l-l-():^(b)(l) (H) of the Intonuil Keveime Code of Ante, p. 153. 1954 (relating to definition of self-employment income) is amended by striking out "$12,600" and inserting in lieu thereof "$18,200". (2) Effective with respect to remuneration j)aid after 1973, section 3121 (a) (1) of such Code is amended by striking out the dollar amount each place it appears therein and inserting in lieu thereof "$13,200". (3) Effective with respect to remuneration paid after 1973, the second sentence of section 3122 of such Code is amended by striking out the dollar amount and inserting in lieu thereof "$13,200". (4) Effective with respect to remuneration paid after 1973, section 3125 of such Code is amended by striking out the dollar amount each place it appears in subsections ( a ) , (b), and (c) and inserting in lieu thereof "$13,200". (5) Section 6413(c) (1) of such Code (relating to special refunds of employment taxes) is amended by striking out "$12,600" each place it appears and inserting in lieu thereof "$13,200". (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out "$12,600" and inserting in lieu thereof "$13,200". (7) Effective with respect to taxable years beginning after 1973, section 6654(d) (2) (B) (ii) of such Code (relating to failure by indi- vidual to pay estimated income tax) is amended bv striking out the dollar amount and inserting in lieu thereof "$13,200". (c) Section 230(c) of the Social Security Act is amended by striking out "$12,600^' and inserting in lieu thereof "$13,200". (d) Paragraphs ( 2 ) ( C ) , ( 3 ) ( C ) , (4) (C), and (7) (C) of section 203(b) of Public Law 92-336 are each amended by striking out "$12,600" and inserting in lieu thereof "$13,200". Effective date. (g^ ^j^g amendments made by this section, except subsection (a) (4) ,• shall apply only with respect to remuneration paid after, and taxable years beginning after, 1973. The amendments made by subsection (a) (4) shall apply with respect to calendar years after 1973. (f) The amendments made by this section to provisions of the 49 Stat. 620. 42 u s e 1305. Social Security Act, the Internal Revenue Code of 1954, and Public 68A Stat. 3. Law 92-336 shall be deemed to be made to such provisions as amended 26 use 1 et by section 203 of Public Law 93-66. seqf. -^ 86 Stat. 406. Ante.p- 153. C H A X G E S I X TAX SCHEDULES 86 Stat. 1362. 26 u s e 3101. SEC. 6. (a) (1) Section 3101(a) of the Internal Revenue Code of 1954 (relating to rate of tax on employees for purposes of old-age, survivors, and disability insurance) is amended by striking out paragraphs (4) through (6) and inserting in lieu thereof the following: "(4) with respect to wages received during the calendar year 1973, the rate shall be 4.85 percent; "(5) with respect to wages received during the calendar years 1974 through 2010, the rate shall be 4.95 percent; and "(6) witn respect to wages received after December 31, 2010, the rate shall be 5.95 percent." (2) Section 3111(a) of such Code (relating to rate of tax on employers for purposes of old-age, survivors, and disability insurance) IS amended by striking out paragraphs (4) through (6) and inserting in lieu thereof the following: " (4) with respect to wages paid during the calendar year 1973, the rate shall be 4.85 percent; "(5) with respect to wages paid during the calendar years 1974 through 2010, the rate shall be 4.95 percent; and "(6) with respect to wages paid after December 31, 2010, the rate shall be 5.95 percent.".
87 STAT. ] PUBLIC LAW 93-233-DEC. 31, 1973 955 86 Stat. 1363. (b) (1) Section 1401(b) of such Code (relating to rate of tax on °° ^'gc i40i sell-employment income for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: "(2) in the case of any taxable year beginning after Decem- ber 31, 1972, and before January 1, 1974, the tax shall be equal to 1.0 percent of the amount of the self-employment income for such taxable year; "(3) in the case of any taxable year beginning after Decem- ber 31, 1973, and before January 1, 1978, the tax shall be equal to 0.90 percent of the amount of the self-employment income for such taxable year; "(4) in the case of any taxable year beginning after Decem- ber 31, 1977, and before January 1, 1981, the tax shall be equal to 1.10 percent of the amount of the self-employment income for such taxable year; "(5) in the case of any taxable year beginning after Decem- ber 31, 1980, and before January 1, 1986, the tax shall be equal to 1.35 percent of the amount of the self-employment income for such taxable year; and "(6) in the case of any taxable year beginning after Decem- ber 31, 1985, the tax shall be equal to 1.50 percent of the self- employment income for such taxable year." (2) Section 3101(b) of such Code (relating to rate of tax on employees for purposes of hospital insurance) is amended by strik- ing out paragraphs (2) through (5) and inserting in lieu thereof the following: "(2) with respect to wages received diu'ing the calendar year 1973, the rate shall be 1.0 percent; "(3) with respect to wages received during the calendar years 1974 through 1977, the rate shall be 0.90 percent; "(4) with respect to wages received during the calendar years 1978 through 1980, the rate shall be 1.10 percent; "(5) w^ith respect to Avages received during the calendar years 1981 through 1985, the rate shall be 1.35 percent; and "(6) with respect to wages received after December 31, 1985, the rate shall be 1.50 percent.". (3) Section 3111(b) of such Code (relating to rate of tax on employers for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: ''(2) with respect to wages paid during the calendar year 1973, the rate shall be Lo percent; "(3) with respect to wages paid during the calendar years 1974 through 1977, the rate shall be 0.90 percent; " (4) wdth respect to wages paid during the calendar years 1978 through 1980, the rate shall be 1.10 percent; "(5) with respect to wages paid during the calendar years 1981 through 1985, the rate shall be 1.35 percent; and "(6) with respect to wages paid after Decembei- 31, 1985, the rate shall be 1.50 percent.". (c) The amendment made by subsection (b)(1) shall apply only Effective date. with respect to taxable years beginning after December 31, 1973. The remaining amendments made by this section shall apply only with respect to remuneration paid after December 31,1973. ALLOCATION TO DISABILITY I N S U R A N C E TRUST FUND SEC. 7. (a) Section 201(b)(1) of the Social Security Act is ^6 stat. i364. amended by striking out " ( E ) " and all that follows down through "^^ ^^^ '*°^'
956 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. 'SvJiich wa^es" and iusertijig in lien thereof the followino-: " ( E ) 1.1 per centum of the wages (as so defined) paid after December 81,1972, and before January 1, 1974, and so reported, ( F ) 1.15 per centum of the wag-es (as so defined) paid after December 31, 1973, and before January 1,1978. and so reported, (G) 1.2 per centum of the wages (as so defined) paid after December 31,1977, and before January 1,1981, and so reported, ( H ) 1.3 per centum of the wages (as so defined) paid after December 31, 1980, and before January 1, 1986, and so reported, (I) 1.4 per centum of the wages (as so defined) paid after December 31, 1985, and before January 1, 2011, and so reported, and ( J ) 1.7 per centum of the wages (as so defined) paid after Decem- ber 81,2010, and so reported, which wages". 86 Stat. 1364. (b) Section 201 (b) (2) of such Act is amended by striking out " ( E ) " 42 u s e 401. and all that follows down through "which self-employment income" and inserting in lieu thereof the following: " ( E ) 0.795 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 81, 1972, and before January 1,1974, ( F ) 0.815 of 1 per centum of the amount of self- employment income (as so defined) as reported for any taxable year beginning after December 31, 1973, and before January 1, 1978, (G) 0.850 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Decem- ber 31, 1977, and before January 1,1981, (H) 0.920 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1980, and before January 1, 1986, (I) 0.990 of 1 per centum of the amount of self- emploj^ment income (as so defined) so reported for any taxable year beginning after December 31, 1985, and before January 1, 2011, and ( J ) 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2010, which self-employment income". KLIGIBIOTY OF SUPPLKMEXTAL SECFRITY INCOME RECiriEXTS FOR FOOD STAMPS ^nfe, p. 246. ^j,(._ j^_ (a)(1) Sectiou 8(e) of the Food Stamp Act of 1964 is amended effective only for the 6-month period beginning January 1. 86 Stat. 1^329. 1974 to read as it did before amendment by Public Law 92-603 and 5te. Public Law 93-86, but with the addition of the following new sen- Ante,p. 221. tcuce at the end thereof: "For the 6-month period beginning Janu- ary 1, 1974 no individual, who receives supplemental secvirity income 42 use 1381. benefits under title X V I of the Social Security Act, State supple- '" """ 42 u s e '1382e "" mentary payments described in section 1616 of such Act, or payments Ante, p. 155. of the type referred to in section 212(a) of Public Law 93-66, shall be considered to be a member of a household or an elderly person for purposes of this Act for any month during such period, if. for such month, such individual resides in a State which provides State sup- plementary payments (A) of the type described in section 1616(a) of the Social Security Act, and (B) the level of which has been found by the Secretary of Health, Education, and Welfare to have been specifically increased so as to include the bonus value of food stamps.". Ante, p. 246. ^g) Sectiou 3 (b) of PubUc Law 93-86 shall not be effective for the 6-nionth period beginning January 1,1974. (b) (1) Section 4(c) of Public Law 93-86 shall not be effective for the 6-month period beginning January 1, 1974. (2) The last sentence of section 416 of the Act of October 31, 1949 f^f^t^t. ^1,492. (.^s added by section 411 (g) of Public Law^ 92-608) shall not be effec- 7 u s e 1431. tive for the 6-month period beginning January 1, 1974. (8) For the 6-month peiiod beginning January 1, 1974, no individ- ual, who receives supplemental security income benefits under title
87 STAT. ] PUBLIC LAW 93-233-DEC. 31, 1973 9E;7 X V I of the Social Security Act, State supplementary payments s^ stat^. ^i46s. described in section 1616 of such Act, or payments of the type referred 42 use i382e. to in section 212(a) of Public Law 93-66, shall be considered to be Ante, p. iss. a member of a household for any purpose of the food distribution program for families under section 32 of Public Law 74-320, section yVsc^euc' 416 of the Agricultural Act of 1949, or any other law, for any month 86 stat. 1492; during such period, if, for such month, such individual resides in a ^'1'®' P- ^^'^•' State which provides State supplementary payments (A) of the type described in section 1616(a) of the Social Security Act, and (B) the level of which has been found by the Secretary of Health, Education, and Welfare to have been specifically increased so as to include the bonus value of food stamps. (c) For purposes of tne last sentence of section 3(e) of the Food Stamp Act of 1964 (as amended by subsection (a) of this section) and ^"^^' ^- ^^^' subsections (b) (3) and (f) of this section, the level of State supple- mentary payment under section 1616(a) shall be found by the Secre- tary to have been specifically increased so as to include the bonus value of food stamps (1) only if, prior to October 1, 1973, the State has entered into an agreement with the Secretary or taken other positive steps which demonstrate its intention to provide supplementary pay- ments under section 1616(a) at a level which is at least equal to the maximum level which can be determined under section 401(b) (1) of the Social Security Amendments of 1972 and which is such that the ^2 u'sc us^e limitation on State fiscal liability under section 401 does result in a note. reduction in the amount which would otherwise be payable to the Secretary by the State, and (2) only with respect to such months as the State may, at its option, elect. (d) Section 401(b) (1) of the Social Security Amendments of 1972 is amended by striking out everything after the word "exceed" and inserting in lieu thereof: "a payment level modification (as defined in paragraph (2) of this subsection) with respect to such plans." (e) The amendment made by subsection (d) shall be effective only Effective date. for the 6-month period beginning January 1, 1974, except that such amendment shall not during such period, be effective in any State which provides supplementary payments of the type described in sec- tion 1616(a) of the Social Security Act the level of which has been found by the Secretary to have been specifically increased so as to include the bonus value of food stamps. I N D I V I D U A L S DEEMED TO BE DISABLED U N D E R T H E S U P P L E M E N T A L SECURITY I N C O M E PROGRAM SEC. 9. Section 1614(a) (3) of the Social Security Act is amended— ^ l'^^^ l^^^;^ (1) by striking out the last sentence of subparagraph ( A ) ; and (2) by inserting at the end thereof the following new subparagraph: " ( E ) Notwithstanding the provisions of subparagraphs (A) through ( D ) , an individual shall also be considered to be disabled for purposes of this title if he is permanently and totally disabled as defined under a State plan approved under title X I V or X V I 86^stat^\"484^' as in effect for October 1972 and received aid under such plan (on 42 use 1351, the basis of disability) for December 1973 (and for at least one is^i. month prior to July 1973), so long as he is continuously disabled as so defined.". S U P P L E M E N T A L SECURITY I N C O M E R E C I P I E N T L I V I N G I N AID TO F A M I L I E S W I T H DEPENDENT CHILDREN HOUSEHOLD SEC. 10. (a) Section 212(a) (3) (A) of Public Law 93-66 is amended ^"'^' ^ ^55- by striking out "subparagraph ( D ) " and inserting in lieu thereof "subparagraphs (D) and ( E ) " .
958 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. Family total (b) Section 212(a) (3) of Public Law 93-66 is amended by adding income regula- tions. at the end thereof the following new subparagraph: Ante, p . 155. " ( E ) (i) I n the case of an individual who, for December 1973 lived as a member of a family unit other members of which received aid (in the form of money payments) under a State plan of a State 42 u s e 6 0 1 . approved under part A of title I V of the Social Security Act, such State at its option, may (subject to clause (ii)) reduce such individ- ual's December 1973 income (as determined under subparagraph ( B ) ) to such extent as may be necessary to cause the supplementary pay- ment (referred to in paragraph (2)) payable to such individual for January 1974 or any month thereafter to be reduced to a level designed to assure that the total income of such individual (and of the members of such family unit) for any month after December 1973 does not exceed the total income of such individual (and of the members of such family unit) for December 1973. " (ii) The amount of the reduction (under clause (i)) of any individ- ual's December 1978- income shall not be in an amount which would cause the supplementary payment (referred to in paragraph (2)) payable to such individual to be reduced below the amount of such supplementary payment which woi|ild be payable to such individual if he had, for the month of December 1973 not lived in a family, meml)ers of which were receiving aid under part A of title I V of the Social Security Act, and had had no income for such month other than that received as aid or assistance under a State plan approved 86 Stat. 1484, under title I, X, X I V , or X V I of the Social Security Act."' 1465. 42 u s e 301, 1201, 1351, 1381. CON'TIXIJATIOX OF ( " ? : R T . V I X DKMONISTRATION P R O J E C T S SEC. 11. (a) If any State (other than the Commonwealth of Puerto Kico, the Virgin Islands, or (juain) lias any experimental, pilot, or demonstration project (referred to in section 1115 of the Social 76 Stat. 192. Security Act)— 42 u s e 1315. (1) which (prior to October 1,1973) has been approved by the Secretary of Health, Education, and Welfare (hereinafter in this section refei-red to as the "Secretary"), for a period which ends on or after December 31. 1973, as being a project with respect to which the authority conferred upon him by subsection (a) or (b) of such section 1115 will be exercised, and (2) with respect to the costs of which Federal financial par- ticipation would (except for the provisions of this section) be denied or reduced on account of the enactment of section 301 of 86 Stat. 1465. the Social Security Amendments of 1972, 42 u s e 1381 and note. then, for any period (after December 31, 1973) with respect to which such project is approved by the Secretary, Federal financial partici- pati(m in the costs of such project shall be continued in like manner as if— (3) such section 301 had not been enacted, and (4) such State (for the month of January 1974 and any month thereafter) continued to have in effect the State plan (approved under title X V I ) which w^as in effect for the month of October 1973, or the State plans (approved under titles I, X, and X I V of the Social Security Act) which were in effect for such month, as the case may be. (b) With respect to individuals— (1) who are participants in any project to which the provi- sions of subsection (a) are applicable, and (2) with respect to whom supplemental security income benefits are (or would, except for their participation in such project, be) payable under title X V I of the Social Security Act, or who meet the requirements for aid or assistance under a State plan
87 STAT. ] PUBLIC LAW 93-233-DEC. 31, 1973 959 approved undei- title L X, X I V , or X V I of the Social Security Act of tlie State in which such project is conducted (as such State ^^^^ ^^^^- ^'*^'*' plan was in effect for,)uly 1973), 42 use 301, the Secretary may waive such requirements of title X V I of such Act 1201, 1351, issi. (as enacted by section 301 of the Social Security Amendments of 1972) to such extent as he determines to be necessary to the successful se stat. i465. ' ' , . « , . , "^ 42 u s e 1381 and operation 01 such project. note. (c) I n the case of any State which has entered into an agreement with the Secretary under section 1616 of the Social Security Act (or Ante, p . 157. which is deemed, under section 212(d) of Public Law 93-66, to have entered into such an agreement), then, of the costs of any project of such State with respect to which there is (solely by reason of the pro- visions of subsection ( a ) ) Federal financial participation, the non- Federal share thereof shall— (1)' be paid, from time to time, to such State by the Secretary, and (2) shall, for purposes of section 1616 (d) of the Social Security Act and section 401 of the Social Security Amendments of 1972, ^^gg^'^'- ^'*^'*' be treated in like manner as if such non-Federal share were sup- 42 use i382e, plementary payments made by the Secretary on behalf of such i382enote. State pursuant to such agreement. St)CIAL SERVICES REGULATIONS POSTrOXEl) SEC. 12. (a) Subject to subsection (b), no regulation and iio modifi- cation of any regulation, promulgated by the Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") after January 1, 1973, shall be etfective for any period which begins prior to January 1, 1975, if (and insofar as) such regulation or modi- fication of a regulation pertains (directly or indirectly) to the provi- sions of law contained in sections 3 ( a ) ( 4 ) ( A ) , 402(a) (19) (G). 4 0 3 ( a ) ( 3 ) ( A ) , 6 0 3 ( a ) ( 1 ) ( A ) , 1 0 0 3 ( a ) ( 3 ) ( A ) , 1 4 0 3 ( a ) ( 3 ) ( A ) , or 1603(a) (4) ( A ) , of the Social Security Act. 42 use 303,602. (b) (1) The provisions of subsection (a) shall not be applicable to 1353 1383. ' any regulation relating to "scope of programs", if such regulation is identical (except as provided in the succeeding sentence) to the pro- visions of section 221.0 of the regulations (relating to social services) proposed by the Secretary and published in the Federal Register on May 1,1973. There shall be deleted from the first sentence of subsection (b) of such section 221.0 the phrase "meets all the applicable 45 CFR 221.0. requirements of this pait and". (2) The provisions of subsection (a) shall not be applicable to any regulation relating to "limitations on total amount of Federal funds payable to States for services", if such regulation is identical (except as provided in the succeeding sentence) to the provisions of section 221.55 of the regulations so proposed and published on May 1, 1973. 45 e F R 221.5,5. There shall be deleted from subsection (d) (1) of such section 221.55 the phrase "(as defined under day care services for children)"; and, in lieu of the sentence contained in subsection (d) (5) of such section 221.55, there shall be inserted the following: "Services provided to a child who is under foster care in a foster family home (as defined in section 408 of the Social Security Act) or in a childcare institution gi^stat^sso^'s892. (as defined in such section), or while awaiting placement in such a 42 use eo's. home or institution, but only if such services are needed by such child because he is under foster care.". (3) The provisions of subsection (a) shall not be applicable to any regulation relating to "rates and amounts of Federal financial participation for Puerto Eico, the Virgin Islands, and Guam", if such regulation is identical to the provisions of section 221.56 of the regulations so proposed and published on May 1,1973. 45 eFR 221.56.
960 PUBLIC LAW 93-233-.DEC. 31, 1973 [87 STAT. (4) The provisions of subsection (a) shall not be construed to pre- clude the Secretary from making any modification in any regulation (described in subsection ( a ) ) if such modification is technically necessai'V to take account of the enactment of section 301 or 302 1/78.^*^*" ^'*^^' of ^^^ Social Security Amendments of 1972. 42 use 1381 (c) Notwithstanding the provisions of section 553(d) of title 5, and note, 801 and ]Tj^ited States Code, an}^ regulation described in subsection (b) may Publications in becouie effective upon the date of its publication in the Federal Federal Register. Rpo'ister 80 Stat. 383. '=' MEDICAL ELIGIBILITY FOR SUPPLEMENTAL SECURITY INCOME RECIPIENTS Beneficiaries SEC. 13. (a) (1) Section 1901 of the Social Security Act (as amended 86^str^\39o^' ^y Public Law 92-603) is amended by striking out "permanently and 42'usc 1396. totally disabled" and inserting "disabled" in lieu thereof. 79 Stat. 334.^ (2) Section 1902(a) (5) of such Act is amended by— 42 use 1396a. ^ ,^^ Striking out "to administer the plan," and inserting in lieu thereof "to administer or to supervise the administration of the plan;" and by striking out "to supervise the administration of the plan" and inserting "to administer or to supervise the ad- ministration of the plan" in lieu thereof; and (B) striking out " X V I (insofar as it relates to the aged)" and 42 use 1381. inserting " X V I (insofar as it relates to the aged) if the State is eligible to participate in the State plan program established under title X V I , or by the agency or agencies administering the supplemental security income program established under title 42 u s e 601. X V I or the State plan approved under part A of title I V if the State is not eligible to participate in the State plan program estab- lished under title X V I " in lieu thereof. (3) Section 1902(a) (10) of such Act is amended to read as follows: "(10) provide— " ( A ) for making medical assistance available to all indi- viduals receivi)ig aid or assistance under any plan of the State approved under title I, X , X I V . or X V I , or part A of 42 use 301, title IV, or witli respect to whom supplemental security 601.' ' ' income benefits are being paid under title X V I ; " ( B ) that the medical assistance made available to any individual desci'ibed in clause ( A ) — "(i) shall not be leps in amount, duration, or scope than the medical assistance made available to any other such individual, and "(ii) shall not be less in amount, duration, or scope than the medical assistance made available to individuals not described in clause (A) ; and " ( C ) if medical assistance is included for any group of individuals who are not described in clause (A) and who do not meet the income and resources requirements of the appropriate State plan, or the supplemental security income program under title X V I . as the case may be, as determined in accordance with standards jorescribed by the Secretary— "(i) for making medical assistance available to all individuals who would, except for income and resources, be eligible for aid or assistance under any such State plan or to have paid with resnect to them supplemental secu- rity income benefits under title X V I , and who have insufficient (as determined in accordance with compa- rable standards) income and resources to meet the costs of necessary medical and remedial care and services, and
87 STAT. ] PUBLIC LAW 93-233-DEC. 31, 1973 961 "(ii) that the medical assistance made nvailablo to all individuals not described in clause (A) shall be equal in amount, duration, and scope; except that (1) the making available of the services described ill paragraph (4), ( U ) , or (16) of section 11)05(a) to individuals ^^ use laeed. meeting the age requirements prescribed therein shall not, by reason of this paragraph (10). recpiire the nuiking available of any such services, oi' the making available of such services of the same amount, duration, and scope, to individuals of any other ages, (IT) the making available of supplementary medical insur- ance benefits \nider part B of title X V I I I to individuals eligible "^^ use i395j. therefor (either pursuant to an agreement entered into under section 1848 or by reason of the payment of ])remiums under such '^^ use i395v. title by the State agency on behalf of such individuals), or pro- vision for meeting paii: or all of the cost of deductibles, cost shai'ing, or similar charges undei* part B of title X V I I I for individuals eligible for benefits under such part, shall not, by reason of this paragraph (10). require the nuiking available of any such benefits, or the making available of services of the same amount, duration, and scope, to any other individuals, and ( H I ) the making available of medical assistance equal in amoimt. dura- tion, and scope to the medical assistance made available to individ- uals described in clause (A) to any classification of individuals approved by the Secretary Avith respect to Avhom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them, a State supplementary payment shall not, by reason of this para- graph (10), require the making available of any such assistance, or the making available of such assistance of the same amount, duration, and scope, to. any other individuals not described in clause ( A ) ; " . (4) Section 1902(a) (13) (B) of such Act is amended by striking out 42 ulc S a . "the State's plan approved under title I, X . X I V , or XVT, or p a i t A of title I V " and inserting "any plan of the State approved under title T, X, X I V , or X V I . or part A of title IV. or Mnth respect to whom uol^iTsf^usi, supplemental security income benefits are being paid under title X V I " eoi.' in lieu thereof. (5) Section 1902 (a) ( U ) (A) of such Act is amended by striking ' ^e stat. u s i . out "a State plan approved under title I. X . X I V . oi' XVT. or part A of title TV, or who meet the income and resources re(piii'ements of the one of such State plans which is appropriate'' and inserting "any plan of the State approved under title I. X . X I V . or XVT. or part A of title TV. or with respect to whom supplemental security income benefits are being paid under title X V I , or who meet the income and resources recpdi-ements of the appropriate State plan, or the supplemental securitv income program under title XVT. as the case may be. and individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them, a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described inparairraph (10) (A)"inlieuthereof. (6) Section 1902(a) (14) (B) of such Act is amended by— (A) inserting "(other than individuals with respect to whom there is being paid, or who are eligible or would be eligible if they wei-e not in a medical institution, to have paid with respe<*t to them, a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals descriWd in paragraph (10) ( A ) ) - ' immodiatelj^ after "with ivspect to individuals"; 22-150 0 - 7 5 - 6 3
962 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. (B) inserting "and with respect to whom supplemental secu- 42 use 1381. rity income benefits are not being paid under title XVI" imme- diately after "any such State plan"; (C) striking out "the one of such State plans Avhich is appro- priate" and inserting "the appropriate State plan, or the supple- mental security income program under title XVI, as the case may be," in lieu thereof; and (D) striking out "or who, after December 31,1973, are included under the State plan for medical assistance pursuant to section 1902(a) (10) (B) approved under title XIX". II use u96a. (T) Section 1902(a) (17) of such Act is amended by— (A) striking out "the State's plan approved under title I, X, XIV, or XVI, or part A of title IV" and inserting "any plan of the State approved under title I, X, XIV, or XVI, or part A of i2ol^f35i^°i38i *^^^® ^ ^ ' ^^^ ^^^^ respect to whom supplemental security income 601.' ' ' benefits are not being paid under title XVI" in lieu thereof; (B) striking out "if he met the requirements as to need" and inserting "except for income and resources" in lieu thereof; (C) striking out "a State plan approved under title I, X, XIV, : or XVI, or part A of title IV" and mserting "any plan of the State approved under title I, X, XIV, or XVI, or part A of title IV, or to have paid with respect to him supplemental security income benefits under title XVI" in lieu thereof; and (D) striking out "and amount of such aid or assistance under such plan" and inserting "such aid, assistance, or benefits" in lieu thereof. (8) Sections 19q2(a)(17) and 1902(a) (18) are each amended by striking out "is blind or permanently and totally disabled" and in- serting "(with respect to States eligible to participate in the State l^rogram established under title XVI), is blind or permanently and totally disabled, or is blind or disabled as defined in section 1614 (with respect to States which are not eligible to participate in such pro- gram ) " in lieu thereof. (9) Section 1902(a) (20) (C) of such Act is amended by inserting 42 use 803. «^ section 603(a)(1)(A) (i) and (ii)," immediately after "section !^ y^""1381. 86 Stat. ^.'l':. ^(^) (*) (^) (i) and (ii)". 42 u s e 1396a. (10) Section 1902(f) of such Act is amended by— (A) inserting "not eligible to participate in the State plan program established under title XVI" immediately after "State" the first time it appears therein; (B) striking out "such individual's payment under title XVI" and inserting "any supplemental security income payment and State supplementary payment made with respect to such individ- ual" in lieu thereof; (C) striking out "as defined in section 213 of the Internal Revenue Code of 1954" and inserting "as recognized under State law" in lieu thereof; and (D) inserting at the end thereof the following new sentences: "In States which provide medical assistance to individuals pur- suant to clause (10) (C) of subsection (a) of this section, an indi- vidual who is eligible for medical assistance by reason of the requirements of this section concerning the deduction of incurred medical expenses from income shall be considered an individual eligible for medical assistance under clause (10) (A) of that sub- section if that individual is, or is eligible to be (1) an individual with respect to whom there is payable a State supplementary pay- ment on the basis of which similarly situated individuals are eligible to receive medical assistance equal in amount, duration, and scope to that provided to individuals eligible under clause
87 STAT. ] PUBLIC LAW 93-233-DEC. 31, 1973 9(53 (10) ( A ) , or (2) an eligible individual or eligible spouse, as deiined in title X V I , with respect to whom supplemental security income 86 Stat. 1465. 42 u s e 1381. benefits are payable; otherwise that individual shall be considered to be an individual eligible for medical assistance under clause (10) (C) of that subsection. In States which do not provide medi- cal assistance to individuals pursuant to clause (10) (C) of that subsection, an individual who is eligible for medical assistance by - reason of the requirements of this section concerning the deduc- tion of incurred medical expenses from income shall be considered an individual eligible for medical assistance under clause (10) (A) of that subsection.". (11) Section 1903(a) (1) of such Act is amended by striking out ^9 stat^. 349^^^ "individuals who are recipients of money payments under a State plan approved under title I, X , X I V , or X V I , or part A of title I V " and inserting "individuals who are eligible for medical assistance under the plan and (A) are receiving aid or assistance under any plan of the State approved under title I, X, X I V , or X V I , or part A of title IV, ^^o^ usc^ 30i. ^^ or with respect to whom supplemental security income benefits are goi.' being paid under title X V I , or (B) with respect to whom there is being paid a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in section 1902(a) (10) ( A ) " in lieu thereof. (12) Section 1903 (f) (4) of such Act is amended to read as follows: 42 u s e 1396b. "(4) The limitations on payment imposed by the preceding provi- sions of this subsection shall not apply with respect to any amount expended by a State as medical assistance for any individual— " ( A ) who is receiving aid or assistance under any plan of the \ State approved under title I, X, X I V or X V I , or part A of title IV, or with respect to whom supplemental security income benefits are being paid under title X V I , or " ( B ) who is not receiving such aid or assistance, and with respect to whom such benefits are not being paid, but (i) is eligible to receive such aid or assistance, or to have such benefits paid with respect to him, or (ii) would be eligible to receive such aid or assistance, or to have such benefits paid with respect to him if he were not in a medical institution, or " ( C ) with respect to whom there is being paid, or who is eligible, or would be eligible if he were not in a medical institution, to have paid with respect to him, a State supplementary payment and is eligible for medical assistance equal in amoimt, duration, and scope to the medical assistance made available to individuals described in section 1902(a) (10) ( A ) , but only if the income of 42 use i396a. such individual (as determined under section 1612, but without ^^ ^'^'-35fP regard to subsection (b) thereof) does not exceed 300 percent 42 u s e 1382a. of the supplemental security income benefit rate established by section 1611(b)(1), 42 u s e 1382. at the time of the provision of the medical assistance giving rise to such expenditure." (18) The matter before clause (i) in section 1905(a) of such Act ^^ use i396d. is amended by striking out "individuals not receiving aid or assistance under the State's plan approved under title I, X, X I V , or X V I , or part A of title I V " and inserting "individuals (other than individuals with respect to whom there is being paid, or who are eligible, or would be eligible if they were not in a medical institution, to have paid with respect to them a State supplementary payment and are eligible for medical assistance equal in amount, duration, and scope to the medical assistance made available to individuals described in section 1902(a) (10) ( A ) ) not receiving aid or assistance under any plan of the State
964 PUBLIC LAW 93-233-13EC. 31, 1973 [87 STAT. i2ol"i'3^sf°l38i approved under title I, X , X I V , or X V I , or part A of title IV, and 601.' ' ' With respect to M'hom supplemental security income benefits are not being paid under title X V P in lieu thereof. 42usci.395d. (14) Section 1905(a) (iv) of such Act is amended by inserting "with respect to States eligible to participate in the State plan pro- gram established under title X V I , " at the end thereof. (15) Section 1905 (a) (v) of such Act is amended by striking out "or" and inserting "with respect to States eligible to participate in the State plan program established under title X V I , " in lieu thereof. (16) Section 1905(a) (vi) of such Act is amended by inserting "or" at the end thereof. (17) Section 1905(a) of such Act is further amended by inserting immediately after clause (vi) the following new clause: "(vii) blind or disabled as defined in section 1614, with respect to States not eligible to participate in the State plan program established under title XVI,". :. (18) Section 1905 of such Act is amended by inserting at the end thereof the following new subsections: " (j) The term 'State supplementary payment' means any cash pay- ment made by a State on a regular basis to an individual who is receiving supplemental security income benefits under title X V I or who would but for his income be eligible to receive such benefits, as assistance based on need in supplementation of such benefits (as deter- mined by the Secretary), but only to the extent that such payments ' are made with respect to an individual with respect to whom supple- mental security income benefits are payable under title X V I , or would but for his income be payable under that title, " ( k ) Increased supplemental security income benefits payable pur- Ante, p. 154. suaut to scctiou 211 of Public Law 93-66 shall not be considered supplemental security income benefits payable under title XVI.". Technical Clarification and Modification of Medicaid Eligibility and Federal Title X I X Matching Under Public Law 93-66 Ante, p. 159. ^^ ^^^ ^^^ Ckusc (2) (A) of scctlou 231 of Public Law 93-66 is amended by— (i) inserting "received or" immediately before "would", and (ii) striking out "or" at the end thereof and inserting "and" in X - lieu thereof. (B) Clause (2) (B) of that section is amended by— (i) striking out "was", and (ii) striking out "need for care in such institution, considered to be eligible for aid or assistance under a State plan (referred to in subparagraph ( A ) ) for purposes of determining his eligi- bility" and inserting "status as described in subparagraph ( A ) , was included as an individual eligible" in lieu thereof. Ante, p. 160. (2) Tlic first sentencc of section 232 of Public Law 93-66 is amended by— (A) striking out "(under the provisions of subparagraph (B) of such section)", (B) striking out "to be a person described as being a person who 'would, if needy, be eligible for aid or assistance under any such State plan' in subparagraph (B) (i) of such section" and insert- 42 use 1396. jng "for pui'poses of title X I X to be an individual who is blind or disabled within the meaning of section 1614(a) of the Social 42 use 1382c. Sccurity Act" in lieu thereof, and (C) inserting ", and the other conditions of eligibility contained ' in the plan of the State approved under title X I X (as it was in effect in December 1973)" before the period at the end thereof.
87 STAT. ] PUBLIC LAW 93-233-DEC. 31, 1973 965 Medicaid Eligibility for Individuals Receiving Mandatory State Supplementary Payments ~ (c) I n addition to other requirements imposed by law as conditions for the approval of any State plan under title X I X of the Social Security Act, there is hereby imposed (effective January 1, 1974) the 86^stIt^\*/26^' requirement (and each such State plan shall be deemed to require) 42 use 1396. that medical assistance under such plan shall be provided to any individual— (1) for any month for which there (A) is payable with respect to such individual a supplementary payment pursuant to an agree- ment entered into between the State and the Secretary of Health, Education, and Welfare under section 212(a) of Public Law 93-66, and (B) would be payable with respect to such individual Ante, p. 155. such a supplementary payment, if the amount of the supple- mentary payments payable pursuant to such agreement were estab- lished without regard to paragraph (3) (A) (ii) of such section 212(a), and (2) in like manner, and subject to the same terms and condi- tions, as medical assistance is provided under such plan to individ- uals with respect to whom benefits are payable for such month under the supplementary security income program established 86 Stat. 1465. by title X V I of the Social Security Act. 42 u s e 1381. Federal matching under title X I X of the Social Security Act shall be available for the medical assistance furnished to individuals who are eligible for such assistance under this subsection. Effective Dates (d) The amendments made by subsection (a) shall be effective with respect to payments under section 1903 of the Social Security Act for ^2 use i396b. calendar quarters commencing after December 31,1973. P A Y M E N T S TO SUBSTANDARD F A C I L I T I E S U N D E R MEDICAID SEC. 14. Section 1616 of the Social Security Act is amended by add- 42 u s e 1382e. ing at the end thereof the following new subsection: "(e) Payments made under this title with respect to an individual shall be reduced by an amount equal to the amount of any supplemen- tary payment (as described in subsection ( a ) ) or other payment made by a State (or political subdivision thereof) which is made for or on account of any medical or any other type of remedial care provided by an institution to such individual as an inpatient of such institution in the case of any State which has a plan approved under title X I X of this Act if such care is (or could be) provided under a State plan approved under title X I X of this Act by an institution certified under such title X I X . " . P A Y M E N T FOR SERVICES OF P H Y S I C I A N S RENDERED I N A T E A C H I N G H O S P I T A L SEC. 15. (a) (1) Notwithstanding any other provision of law, the provisions of section 1861(b) of the Social Security Act, shall, subject ^^ "^^ UQSX. to subsection (b) of this section, for the period with respect to which this paragraph is applicable, be administered as if paragraph (7) of such section read as follows: "(7) a physician where the hospital has a teaching program approved as specified in paragraph (6), if (A) the hospital elects to receive any payment due under this title for reasonable costs of such services, and (B) all physicians in such hospital agree not to bill charges for professional services rendered in such hospital to individuals covered under the insurance program established by this title.".
966 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. (2) Notwithstaiicliiig any other provision of law, the provisions of 86 Stat. 1406. 42 u s e 1395k. section 1832(a) (2) (B) (i) of the Social Security Act, shall, subject to subsection (b) of this section, for the period with respect to which tJiis paragrapli is applicable, be administered as if subclanse I I of such section read as follows: " ( I I ) a physician to a patient in a hospital which has a teaching program approved as specified in paragraph (6) 42 u s e 1395X. of section 1861(b) (including services in conjunction with the teaching programs of such hospital whether or not such patient is an inpatient of such hospital), where the conditions specified in paragraph (7) of such section are met, and". (b) The provisions of subsection (a) shall not be deemed to render improper any determination of payment under title X V I I I of the 42 u s e 1395. Social Secui"ity Act for any service provided prior to the enactment of this Act. Study. (c)(1) The Secretary of Health, Education, and Welfare shall arrange for the conduct of a study or studies concerning (A) appro- priate and equitable methods of reimbursement for pliysicians' services 42 u s e 1396. under titles X V I I I and X I X of the Social Security Act in hospitals which have a teaching program approved as specified in section 1861 (b) (6) of such Act, (B) the extent to which funds expended under such titles are supporting the training of medical specialties which are in excess supply, (C) how such funds could be expended in ways which support more rational distribution of physician manpower both geographically and by specialty, (I)) the extent to which such funds support or encourage teaching programs which tend to dispro- portionately attract foreign medical graduates, and ( E ) the existing and appropriate role that part of such funds which are expended to meet in whole or in part the cost of salaries of interns and residents in teaching programs api^roved as specified in section 1861(b)(6) of such Act. Reports to con- g r e s s i o n a l corn- (2) The studies required by paragraph (1) shall be the subject of an interim report thereon submitted not later than December 1, 1971, and a final report not later than July 1, 1975. Such reports shall be submitted to the Secretary, the Committee on Finance of the Senate, and the Committee on Ways and Means of the House of Representa- tives, simultaneously. (3) The Secretary shall I'equest the National Academy of Sciences to conduct such studies under an arrangement under which the actual expenses incurred by such Academy in conducting such studies will be paid by the Secretary. If the National Academy of Sciences is willing to do so, the Secretary shall enter into such an arrangement with such Academy forthe conduct of such studies. (4) If the National Academy of Sciences is unwilling to conduct rhe studies required under this section, under such an arrangement with the Secretary, then the Secretary shall enter into a similar arrangement with other appropriate nonprofit private groups or associations under which such groups or associations shall conduct such studies and prepare and submit the reports thereon as provided in paragraph (2). A n a l y s i s , sub- (5) The Social Security Administration shall study the interim mittal to c o n g r e s - sional committees report called for in paragraph (2) and shall submit its analysis of such interim repoi't to the Committee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives not later than March 1, 1975, The Social Security Administration shall study and submit its analysis of the final report to the Com- mittee on Finance of the Senate and the Committee on Ways and Means of the House of Representatives by October 1, 1975.
87 STAT.] PUBLIC LAW 9 3 - 2 3 3 - D E C . 31, 1973 9(37 (d) The provisions of subsection (a) shall apply with respect to Effective d a t e s . cost accounting periods beginning after June 30, 1973, and prior to January 1, 1975, except that if the Secretary of Health, Education, and Welfare determines that additional time is required to prepare the report required by subsection (c), he may, by regulation, extend the applicability of the provisions of subsection (a) to cost accounting periods beginning after June 30,1975. BASIS OF MEDICARE P A Y M E N T FOR SERVICES PROVIDED BY AGENCIES AND PROVIDERS SEC. 16. I n the administration of titles V, X V I I I , and ^IX. of the Social Security Act, the amount payable under such title to any ^2 use 701, provider of services on account of services provided by such hospital, ^^^^' ^^^^' skilled nursing facility, or home health agency shall be determined (for any period with respect to which the amendments made by section 233 of Public Law 92-603 would, except for the provisions of ^^ stat. l u i . this section, be applicable) in like manner as if the date contained in the first and second sentences of subsection (f) of such section 233 were December 31, 1973, rather than December 31, 1972. P O S T P O N E M E N T O N E F F E C T I V E DATE OF CERTAIN R E Q U I R E M E N T S IMPOSED W I T H RESPECT TO P A Y M E N T FOR P H Y S I C A L T H E R A P Y SERVICES -- SEC. 17. (a) I n the administration of title X V I I I of the Social Security Act, the amount payable thereunder with respect to physical therapy and other services referred to in section 1861 (v) (5) (A) of such Act (as added by section 151(c) of the Social Security Amend- ments of 1972) shall be determined (for the period with respect to ^^ use uVs^x which the amendment made by such section 151(c) would, except for the provisions of this section, be applicable) in like manner as if the "December 31, 1972", which appears in such subsection (d)(3) of such section 151, read "the month in which there are promulgated, by the Secretary of Health, Education, and Welfare, final regulations implementing the provisions of section 1861 (v) (5) of the Social Security Act". CLERICAL A N D C O N F O R M I N G A M E N D M E N T S TO SOCIAL SECURITY ACT In General Inclusion of All Wage Level Increases in Automatic Adjustment of Earnings Test S E C 18. (a) Section 203(f) (8) (B) (ii) of the Social Security Act is 86 Stat. 134:1. 42 u s e 403. amended by— (1) striking out "contribution and benefit base" and inserting "exempt amount" in lieu thereof; and (2) striking out "section 230(a)" and inserting "subparagraph ( A ) " in lieu thereof. Inclusion in Old-Age Insurance Benefit in Certain Cases of Delayed Retirement (b) Section 202 (w) of such Act is amended by inserting at the end ^^ ^*|^-1^^^- thereof the following new paragraph: "(5) If an individual's primary insurance amount is determined under paragraph (3) of section 215(a) and, as a result of this sub- ^e stat^. 1333. section, he would be entitled to a higher old-age insurance benefit if 42 u s e 415. his primary insurance amount were determined under section 215(a) without regard to such paragraph, such individual's old-age insurance
968 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. benefit based upon his primary insurance amount determined under such paragraph shall be increased by an amount equal to the difference between such benefit and the benefit to which he would be entitled if his primary insurance amount were determined under such section without regard to such paragraph." Elimination of Benefits at Age 72 for Uninsured Individuals - Receiving Supplemental Security Income Benefits 42 use 428d. ^^^ Section 228(d) of such Act is amended by inserting "and such individual is not an individual with respect to whom supplemental 86 Stat. 1465. security income benefits are payable pursuant to title XVI or section Ante, p. 154. 211 of Public Law 93-66 for the following month, nor shall such bene- 42 u s e 1381. fit be paid for such month if such individual is an individual with respect to whom supplemental security income benefits are payable pursuant to title XVI or section 211 of Public Law 93-66 for such month, unless the Secretary determines that such benefits are not pay- able with respect to such individual for the month following such month" immediately before the period at the end thereof. Limitations on Eligibility Determinations Under Resources Tests of State Plans 86 Stat. 1466. (d) Soction 1611 of such Act (as amended by Public Law 92-60a) is amended by striking out subsection (g) and inserting in lieu thereof the following new subsection: " (g) In the case of any individual or any individual and his spouse (as the case may be) who— "(1) received aid or assistance for December 1973 under a plan j//g Stat. 1484, of a State approved under title I, X, XIV, or XVI, 42 use 301, "(2) has, since December 31, 1973, continuously resided in the 1201, 1351, 1381. State under the plan of which he or they received such aid or assistance for December 1973, and " (3) has, since December 31,1973, continuously been (except for periods not in excess of six consecutive months) an eligible individual or eligible spouse with respect to whom supplemental security income benefits are payable, the resources of such individual or such individual and his spouse (as the case may be) shall be deemed not to exceed the amount specified in sections 1611(a) (1) (B) and 1611(a) (2) (B) during any period that the resources of such individualor individuals and his spouse (as the case may be) does not exceed the maximum amount of resources speci- fied in the State plan, as in effect for October 1972, under which he or they received such aid or assistance for December 1973." Limitations on Eligibility and Benefit Determinations Under Income Tests of State Plans for Aid to the Blind (e) Section 1611 of such Act is amended by striking out subsection (h) and inserting in lieu thereof the following new subsection: "(hj In determining eligibility for, and the amount of, benefits payable under this section in the case of any individual or any indi- vidual and his spouse (as the case may be) who— "(1) received aid or assistance for December 1978 under a plan of a State approyed under title X or XVI, "(2) is blind under the definition of that term in the plan, as in effect for October 1972, under which he or they received such aid or assistance for December 1978,
87 STAT. ] PUBLIC LAW 93-233-DEC. 31, 1973 969 "(3) has, since December 31, 1973, continuously resided in the ^ ^ State under the plan of which he or they received such aid or assistance for December 1973, and "(4) has, since December 31, 1973, continuously been (except for periods not in excess of six consecutive months) an eligible individual or an eligible spouse with respect to whom supple- mental security income benefits are payable, there shall be disregarded an amount equal to the greater of (A) the maximum amount of any earned or unearned income which could have been disregarded under the State plan, as in effect for October 1972, under which he or they received such aid or assistance for December 1973, and (B) the amount which would be required to be disregarded under section 1612 without application of this subsection." Correction of Erroneous Designations and Cross-Ref erences (f)(1) Section 226 of such Act is amended by— _ se st^at^. m i . (A) redesignating subsection ( a ) ( 1 ) as subsection ( a ) ; 42 u s e 426. (B) redesignating clauses (A) and (B) of subsection ( a ) , as redesignated by this subsection, as clauses (1) and (2), respec- tively ; and (C) redesignating subsection (f) (as added by section 201 (b) (5) of the Social Security Amendments of 1972 and redesign- ated by section 299L of that Act) and the subsection (f) (as enacted by section 101 of the Social Security Amendments of 1965 and redesignated by section 201 (b) (5) of the Social Security Amendments of 1972) as subsections (h) and ( i ) , respectively; and by inserting such subsections (h) and (i) (as so redesignated) immediately after subsection (g) of such section. (2) Section 2 2 6 ( h ) ( 1 ) ( A ) of such Act, as redesignated by this subsection, is amended by striking out "and 202(e) (5), and the term 'age 62' in sections" ancl inserting ", 202(e) (5)," in lieu thereof. (3) Section 2 2 6 ( h ) ( 1 ) ( B ) of such Act, as redesignated by this subsection, is amended by striking out "shall" and inserting "and the phrase 'before he attained age 60' in the matter following subpara- graph (G) of section 202(f) (1) shall each" in lieu thereof. (4) Paragraphs (2) and (3) of section 226(h) of such Act, as redes- ignated by this subsection, are each amended by striking out " (a) ( 2 ) " and inserting " b " in lieu thereof. Initial Payments to Presumptively Disabled Individuals Unrecover- able Only if Individual Is Ineligible Because Not Disabled (g) Section 1631(a) (4) (B) of such Act is amended by inserting 86 Stat. 1475. 42 u s e 1383. "solely because such individual is determined not to be disabled" im- mediately before the period at the end thereof. Technical Correction of Limitation on Fiscal Liability of States for Optional Supplementation (h) (1) Section 401(a) (1) of the Social Security Amendments of 1972 is amended by— se stat. i485. (A) inserting ", other than fiscal year 1974," immediately after note."^*^ ^^^^^ "any fiscal year"; and (iB) inserting ", and the amount payable for fiscal year 1974 pursuant to such agreement or agreements shall not exceed one- half of the non-Federal share of such expenditures" immediately before the period of the end thereof. (2) Section 401(c)(1) of such Act is amended by inserting "ex- *^ ^'°'' ^'^^''• eluding" immediately before "expenditures authorized under section 1119". .
970 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. Modification of Transitional Administrative Provisions 86 Stat. 1487. 42 u s e 1382e (i) Section 402 of the Social Security Amendments of 1972 is note. amended by— (1) striking out " X V I " the first time that it appears therein and inserting " V I " in lieu thereof; (2) inserting "the third and fourth quarters in the fiscal year ending June 30, 1974, and" immediately after "with respect to expenditures for"; and (3) inserting "the third and fourth quarters of the fiscal year ending June 30, 1974, and any quarter of" immediately after "during such poition of". Inclusion of Title V I in Limitation on Grants to States for Social Services 42 use i326h (J) Section 1130(a) of such Act is amended by inserting "603(a) (1)," immediately after "403(a) (3),". Clarification of Coverage of Hospitalization for Dental Services (k) (1) Section 1814(a) (2) ( E ) of such Act (as amended by Public 42 use ugVf ^^'^^^' 92-603) is amended to read as follows: _ " ( E ) in the case of inpatient hospital services in connection with the care, treatment, filling, removal, or replacement of teeth or structures directly supporting teeth, the individual, because of his underlying medical condition and clinical status, requires hospitalization in connection with the provision of such dental services;". (2) The last sentence of section 1814(a) is amended by striking out "or ( D ) " and inserting " ( D ) , or ( E ) " in lieu thereof. 42 use i395y. (3) Sectlou 1862(a) (12) of such Act is amended by striking out "a dental procedure" and all that follows thereafter, and inserting "the provision of such dental services if the, individual, because of his underlying medical condition and clinical status, requires hospitaliza- tion in connection with the provision of such services; or" in lieu 1 liereof. Continuation of State Agreements for Coverage of Certain Individuals Eff^c^twe^dat^'. (^) Section 1843(b) of such Act is amended by adding at the end thereof the following: "Effective January 1, 1974, and subject to 42 u^c u96a scctiou 1902(f), the Secretary shall, at the request of any State not eligible to participate in the State plan program established under 42 use 1381. ^j^jg X V I , continue in effect the agreement entered into under this section with such State subject to such modifications as the Secretary may by regulations provide to take account of the termination of any 42 u s e 301 1201, 1351. jilans of such State approved under titles I, X , X I V , and X V I and the establishment of the supplemental security income program under title XVI.". Technical Improvement of Provisions Governing Disposition of H M O Savings 42 use isgLm (^) Section 1876 (a) (3) (A) (ii) of such Act is amended by striking out ", with the apportionment of savings being proportional to the losses absorbed and not yet offset".
87 STAT. ] PUBLIC LAW 93-233-DEC. 31, 1973 971 Technical Improvement of Provisions Governing Allowable H M O Premium Charges ^ (n) The last sentence of section 1876(g) (2) of such Act is amended se stat. i40i. , ^ '' ^^'^ ^ ' 42 u s e 1395mm. by— (1) inserting "of its premium rate or other charges" immedi- ately after "portion"; (2) striking out "may" and inserting "shall"; (3) striking out " ( i ) " ; and (4) striking out "less (ii) the actuarial value of other charges made in lieu of such deductible and coinsurance". Applications for Assistance on Behalf of Deceased Individuals (o) Section 1902(a) (34) of the Social Security Act (as amended by Public Law 92-603) is amended by inserting " (or application was made s^ sta^ i446^ on his behalf in the case of a deceased individual)" immediately after "he made application". Expansion of Intermediate Care Facility Ownership Disclosure Kequirements (p) Section 1902(a) (35) (A) of such Act is amended by inserting 86 Stat. 1460. 42 u s e 1396a. "or who is the owner (in whole or in part) of any mortgage, deed of trust, note, or other obligation secured (in whole or in part) by such intermediate care facility or any of the property or assets of such inter- mediate care facility" immediately after "intermediate care facility". Technical Modification of Extended Medicaid Eligibility for A F D C Recipients (q) Section 1902(e) of such Act is amended to read as follows: 86 Stat. 1381. 42 u s e 1396a. "(e) Notwithstanding any other provision of this title, effective January 1, 1974, each State plan approved under this title must provide that each family which was receiving aid pursuant to a plan of the State approved under part A of title I V in at least 3 of the 6 months immediately preceding the month in which such family became ineligible for such aid because of increased hours of, or increased income from, employment, shall, while a member of such family is employed, remain eligible for assistance under the plan approved under this title (as though the family was receiving aid under the plan approved under part A of title I V ) for 4 calendar months beginning with the month in which such family became ineligible for aid under the plan approved under part A of title I V because of income and resources or hours of work limitations contained in such plan.". Limitation on Payments to States for Expenditures in Relation to Disabled Individuals Eligible for Medicare ( r ) (1) Section 1903 (a) (1) of such Act is amended by inserting "and ^2 use i396b. disabled individuals entitled to hospital insurance benefits under title X V I I I " immediately after "individuals sixty-five years of age or older". ^ (2) Section 1903(b) (2) of such Act is amended by inserting "and disabled individuals entitled to hospital insurance benefits under title X V I I I " immediately after "individuals aged 65 or over".
972 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. Federal Payment for Cost of Inspecting Institutions Limited to Expenses Incurred During Covered Period selta!*UM^' (s) Section 1903(a)_(4) of such Act is amended by striking out 42 use 1396b. "sums expended" and inserting "sums expended with respect to costs incurred" in lieu thereof. Federal Payment for Family Planning Expenditures Not Limited to Administrative Costs (t) Section 1903 (a) (5) of such Act is amended by striking out " (as found necessary by the Secretary for the proper and efficient adminis- tration of the plan)". Exception to Limitation on Payments to States for Expenditures in Relation to Individuals Eligible for Medicare (u) Section 1903 (b) (2) of such Act is amended by inserting ", other than amounts expended under provisions of the plan of such State required by section 1902(a) (34)" immediately before the period at / the end thereof. Utilization Eeview by Medical Personnel Associated With > . an Institution 86 Stat. 1379. (v) Section 1903(g) (1) (C) of such Act is amended by striking out "and who are not employed by" and by inserting "or, except in the case of hospitals, employed by the institution" immediately after "any such institution". , Authority To Prescribe Standards Under Title X I X for Active Treatment of Mental Illness 86 Stat. 1461. 42 u s e 1396d. (w) Section 1905(h) (1) (B) of such Act is amended by— (1) striking out ", involves active treatment ( i ) " and inserting " ( i ) involve active treatment" in lieu thereof, (2) striking out "pursuant to title X V I I I " , and (3) striking out "(ii) which" and inserting " ( i i ) " in lieu thereof. Correction of Erroneous Designations and Cross References 79 Stat. 344. (x) (1) Section 1902(a) (13) (C) of such Act is amended by strik- 42 u s e 1396a. ing out " ( 1 4 ) " and inserting " ( 1 6 ) " in lieu thereof. (2) Section 1902(a) (33) (A) of such Act is amended by striking out "last sentence" and inserting "penultimate sentence" in lieu thereof. (3) Section 1902(a) of such Act is amended by— (A) striking out the period at the end of paragraph (35) and inserting " ; and" in lieu thereof; and (B) redesignating paragraph (37) as paragraph (36). (4) Sections 1902(a) (21), (24), and (26) ( B ) , and the last sentence of section 1902(d), of such Act are each amended by striking out "nursing home" and "nursing homes" each time that they appear therein and inserting "nursing facility" and "nursing facilities", respectively, in lieu thereof. 79 Stat. 349. (5) Section 1903(a) of such Act is amended by striking out "and section 1117" in the first parenthetical phrase. (6) Section 1903(b) of such Act is amended by redesignating para- graphs (2) and (3) as paragraphs (1) and (2), respectively.
87 STAT. ] PUBLIC LAW 93-233-DEC. 31, 1973 973 86 Stat. 1460. (7) Section 1905(a) (16) of such Act is amended bv striking out 42 u s e 1396(1. "under 21, as defined in subsection ( e ) ; " and inserting "under age 21, as defined in subsection ( h ) ; and" in lieu thereof. 85 Stat. 809; (8) Section 1905 (c) of such Act is amended by striking out "skilled 86 Stat. 1464. nursing home" each time that it appears therein and inserting "skilled nursing facility" in lieu thereof. (9) Section 1905 of such Act is amended by redesignating subsection (h) (which was enacted by section 299L(b) of the Social Security Amendments of 1972) as subsection (i). (10) Section 1905(h) (2) is amended by striking out "(e) ( 1 ) " and 86 Stat. 1461. inserting " ( 1 ) " in lieu thereof. Deletion of Obsolete Provisions (y) (1) Section 1903 of such Act is amended by— 79 Stat. 349. 42 use 1396b. (A) striking out subsection (c) ; (B) striking out " ( a ) , (b), and ( c ) " in subsection (d) and inserting " ( a ) and ( b ) " in lieu thereof. (2) Section 1905(b) of such Act is amended by striking out every- 42 use 1396d. thing after "section 1110(a)(8)" and inserting a period in lieu thereof. 42 use 1396g. (3) Section 1908 of such Act is amended by striking out the last sentence of subsection (d) and subsections (e) and (f), and redesig- nating subsection (g) as subsection (e). Determination of Amount of Exclusion for Disapproved Capital Expenditures by Institutions Reimbursed on Fixed Fee or Nego- tiated Rate Basis 86 Stat. 1386. (z) The last sentence of section 1122(d) (1) of such Act is amended 42 use 1320a.l. by inserting "or a fixed fee or negotiated rate" immediately after "per capita" each time that it appears therein. Technical Improvement of Authority To Include Expenses Related to Capital Expenditures in Certain Cases (z-1) Section 1122(d) (2) of such Act is amended by striking out "include" the last time that it appears therein and inserting "exclude" in lieu thereof. Conforming Amendments to Title X I of the Social Security Act (z-2) (1) Title X I of the Social Security Act is amended— (A) in section 1101(a)(1), by— 42 u s e 1301, (i) striking out "I.", "X,". "XIV,", and "XVI,", and (ii) by adding at the end of such section 1101 (a) the following new sentence: "In the case of Puerto Rico, the Virgin Islands, and Guam, titles I, X, and X I V , and title X V I (as in effect without regard to the amendment made by 42 u s e 301, 1201, 1351, 1381, section 301 of the Social Security Amendments of 1972) shall 86 Stat. 1465. continue to apply, and the term 'State' when used in such titles (but not in title X V I as in effect pursuant to such amendment after December 31, 1973) includes Puerto Rico, the Virgin Islands, and Guam.", (B) in section 1115. by— 42 u s e 1315. (i) inserting (in the matter preceding subsection (a)) " V I , " immediately after "title I,", (ii) inserting (in subsection ( a ) ) "602," immediately after "402,", and (iii) inserting (in subsection (b)) "603," immediately after "403,", and ^
974 PUBLIC LAW 93-233-DEC. 31, 1973 [87 STAT. BiltT9iT'' (C) in section 1116, b y - 42 use 1316 (i) inserting (in subsection ( a ) ( 1 ) ) " V I , " immediately after "title I,", (ii) inserting (in subsection ( a ) ( 3 ) ) "604," immediately after "404,", -'' (iii) inserting (in subsection ( b ) ) " V I , " immediately after "title I,", and (iv) inserting (in subsection ( d ) ) "VI," immediately after "title I,". Effective date. ^2) The amendments made by this subsection shall be effective on and after January 1,1974. Effective Dates ( z - 3 ) ( l ) The amendments made by subsections ( g ) , ( h ) , (j), and (1) shall be effective January 1,1974. (2) The amendments made by subsection (k) shall be effective with respect to admissions subject to the provisions of section 1814(a) (2) 42 u s e 1395f. of the Social Security Act which occur after December 31, 1972. (3) The amendments made by subsections (m) and (n) shall be effective with respect to services provided after June 30,1973. (4) The amendments made by subsections (o) and (u) shall be effective July 1,1973. , ^ MODinCATIOX o r PRO VISION'S ESTABLISHIXG SUPPLEMEXTAL SECURITY IXCOME PROGRAM SEC. 19. (a) Section 303(c) of the Social Security Amendments of 86 Stat. 1484. i()72 ig amended to read as follows: ^^25 use 639 ,,^^^ Section 9 of the Act of April 19, 1950 (64 Stat. 47) is amended to read as follows: " 'SEC. 9. Beginning Avith the quarter commencing July 1. 1950. the Secretary of the Treasury shall pay quarterly to each State (from sums made available for making payments to the States under section 42 u s e 603. 403(a) of the Social Security Act) an amount, in addition to the amount prescribed to be paid to such State under sucli section, equal to 80 per centum of the total amoimt of contributions by the State toward expenditures during the preceding quarter by the State, under the State plan appi'oved under the Social Security Act for aid to de- pendent children to Xavajo and Hopi Indians residing within the boundaries of the State on reservations or on allotted or trust lands, Avith respect to AA'hom ijayments are made to the State by the United States under section 403(a) of the Social Security Act, not counting so much of such expenditure to any individual for any month as exceeds the limitations prescribed in such section.'." (b) Notwithstanding the provisions of section 301 of the Social 86 Stat. 1465. Security Amendments of 1972, the Secretary of Health, Education, 42 u s e 1381. and Welfare shall make payments to the 50 States and the District of Columbia after December 31, 1973, in accordance Avitli the provisions of the Social Security Act as in effect prior to January 1, 1974, for (1) activities carried out through the close of December 31,1973, under 42 use 301, gtate plans approved under title I, X, X I V , or X V I , of such Act, and 201,1351,1381. ^2) administrative activities carried out after December 31, 1973, which such Secretary determines are necessary to bring to a close actiA'ities carried out under such State plans. PROVISIONS RELATING TO UNEMPLOYMENT COMPENSATION SEC. 20. Section 203(2) of the Federal-State Extended T^nemploy- 26 use 3'3°04 meiit Compensation Act of 1970 is amended by adding at the end
87 STAT.] PUBLIC LAW 93-234-DEC. 31, 1973 975 thereof the following new sentence: "Effective with respect to compen- sation for weeks of unemployment beginning before April 1,1974, and beginning after December 31,1973 (or, if later, the date established pursuant to State law), the State may by law provide that the deter- mination of whether there has been a State 'on' or 'off' indicator be^nning or ending any extended benefit period shall be made under this subsection as if paragraph (1) did not contain subparagraph (A) thereof.". Approved December 31, 1973. Public Law 93-234 AN ACT December 31, 1973 To expand the national flood insurance program by substantially increasing [H. R. 8449] limits of coverage and total amount of insurance authorized to be outstanding and by requiring knownflood-pronecommunities to participate in the pro- gram, and for other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled^ That this Act may Protection Flood Disaster Act of be cited as the "Flood Disaster Protection Act of 1973". 1973. FINDINGS A N D DECLARATION OF PURPOSE SEC. 2. (a) The Congress finds that— (1) annual losses throughout the Nation from floods and mud- slides are increasing at an alarming rate, largely as a result of the accelerating development of, and concentration of population in, areas of flood and mudslide hazards; (2) the availability of Federal loans, grants, guaranties, insurance, and other forms of financial assistance are often determining factors in the utilization of land and the location and construction of public and of private industrial, commercial, and residential facilities; (3) property acquired or constructed with grants or other Federal assistance may be exposed to risk of loss through floods, thus frustrating the purpose for which such assistance was extended; (4) Federal instrumeiitalities insure or otherwise provide financial protection to banking and credit institutions whose assets include a substantial number of mortgage loans and other indebt- edness secured by property exposed to loss and damage from floods and mudslides;