The text of the bill below is as of Jan 4, 1975 (Passed Congress).
You are reading a bill enacted 17,802 days ago. In the intervening time subsequent legislation may have amended or repealed the provisions below.
88 STAT. ] PUBLIC LAW 93-647-JAN. 4, 1975 2337
"(b)_ The report shall contain a description of actions taken by the
Bank in pursuance of the policy of aiding, counseling, assisting, and
protecting, insofar as is possible, the interests of small business
concerns."
CEILING ON BORROWING BY NATIONAL BANKS
SEC. 11. Section 5202 of the Revised Statutes, as amended (12 U.S.C.
82^, is amended by adding at the end thereof the following:
"Twelfth. Liabilities incurred in borowing from the Export-Import
Bank of the United States.".
r
RELATIONSHIP TO THE ITJADE REFORM ACT
SEC. 12. Until such time as the Trade Reform Act is approved by the 12 use 635
Congress and signed into law by the President, no loan, guarantee, "°Ante 197
insurance, or credit shall be extended by the Export-Import Bank of ' ^"
the United States to the Union of Soviet Socialist Republics.
REPEAL OF S E C T I O N 2(a)(2)
SEC. 13. Effective at the close of September 30,1976, section 2(a) (2)
of the Export-Import Bank Act of 1945 is repealed. 12 use 635.
Approved January 4, 1975.
Pnblic Law 93-647
AN ACT January 4, 1975
To amend the Social Security Act to establish a consolidated program of Federal [H. R.17045]
financial assistance to encourage provision of services by the States.
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That this Act may be social services
cited as the "Social Services Amendments of 1974". Amendments of
1974.
42 u s e 1397
PART A—SOCIAL SERVICES AMENDMENTS note.
SEC. 2. The Social Security Act is amended by inserting at the end '^-^ ^^^ ^^°^-
thereof the following new title:
" T I T L E X X — G R A N T S TO S T A T E S F O R S E R V I C E S
"APPROPRIATION AUTHORIZED
"SEC. 2001. For the purpose of encouraging each State, as far prac- 42 u s e 1397.
ticable under the conditions in that State, to furnish services directed
at the goal of—
" (1) achieving or maintaining economic self-support to prevent,
reduce, or eliminate dependency,
"(2) achieving or maintaining self-sufficiency, including reduc-
tion or prevention of dependency,
"(3) preventing or remedying neglect, abuse, or exploitation of
children and adults unable to protect their own interests, or pre-
serving, rehabilitating, or reuniting families,
"(4) preventing or reducing inappropriate institutional care by
providing for community-based care, home-based care, or other
forms of less intensive care, or
"(5) securing referral or admission for institutional care when
other forms of care are not appropriate, or providing services to
individuals in institutions,
there is authorized to be appropriated for each fiscal year a sum suffi-
cient to carry out the purposes of this title. The sums made available
under this section shall be used for making payments to States under
section 2002. Infra.
"PAYMENTS TO STATES
"SEC. 2002. (a) (1) From the sums appropriated therefor, the Sec- 42 u s e 1397a.
retary shall, subject to the provisions of this section and section 2003, Post, p. 2343.
pay to eacli State, for each quarter, an amount equal to 90 per centum
of the total expenditures during that quarter for the provision of fam-
2338 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
ily planning services and 75 per centum of the total expenditures dur-
ing that quarter for the provision of other services directed at the goal
of—
" ( A ) achieving or maintaining economic self-support to pre-
vent, reduce, or eliminate dependency,
" ( B ) achieving or maintaining self-sufficiency, including
reduction or prevention of dependency,
" ( C ) preventing or remedying neglect, abuse, or exploitation
of children and adults unable to protect their own interests, or
preserving, rehabilitating, or reuniting families,
" ( D ) preventing or reducing inappropriate institutional care
by providing for community-based care, home-based care, or other
forms of less intensive care, or
" ( E ) securing referral or admission for institutional care when
other forms of care are not appropriate, or providing services to
individuals in institutions,
including expenditures for administration (including planning and
evaluation) and personnel training and retraining directly related to
the provision of those services (including both short- and long-term
training at educational institutions through grants to such institutions
or by direct financial assistance to students enrolled in such institu-
tions). Services that are directed at these goals include, but are not
limited to, child care services, protective services for children and
adults, services for children and adults in foster care, services related
to the management and maintenance of the home, day care services
for adults, transportation services, training and related services,
employment services, information, referral, and counseling services,
the preparation and delivery of meals, health support services and
appropriate combinations of services designed to meet the special needs
of children, the aged, the mentally retarded, the blind, the emotionally
disturbed, the physically handicapped, and alcoholics and drug addicts.
Limitation. "(2) (A) No payment with respect to any expenditures other than
expenditures for personnel training or retraining directly related to
the provision of services may be made under this section to any State
for any fiscal year in excess of an amount which bears the same ratio to
$2,500,000,000 as the population of that State bears to the population
of the fifty States and the District of Columbia. The Secretary shall
promulgate the limitation applicable to each State for each fiscal year
under this paragraph prior to the first day of the third month or the
preceding fiscal year, as determined on the basis of the most recent
satisfactory data available from the Department of Commerce.
" ( B ) Each State with respect to which a limitation is promulgated
under subparagraph (A) for any fiscal year shall, at the earliest prac-
ticable date after the commencement of such fiscal year (and in accord-
ance with regulations prescribed by the Secretary), certify to the
Secretary whether the amount of its limitation is greater or less than
the amount needed by the State, for uses to which the limitation
applies, for such fiscal year and, if so, the amount by which the amount
of such limitation is greater or less than such need.
88 STAT. ] PUBLIC LAW 93-647-JAN. 4. 1975 2339
" ( C ) If any State certifies, in accordance with subparagraph ( B ) ,
that the amount of its limitation for any fiscal year is greater than its
need for such year, then the amount of the limitation of such State for
such year shall be reduced by the excess of its limitation amount over
its need, and the amount of such reduction shall be available for allot-
ment as provided in subparagraph ( D ) .
" ( D ) Of the amounts made available, pursuant to subparagraph
(C), for allotment for any fiscal year, the Secretary (i) shall allot to
the jurisdiction of Puerto Rico $15,000,000, to the jurisdiction of
Guam $500,000, and to the jurisdiction of the Virgin Islands $500,000,
which shall be available to each such jurisdiction in addition to
amounts available under section 1108 for purposes of matching the ^^ ^^^ ^^os.
expenditures of such jurisdictions for services pursuant to sections
3 ( a ) ( 4 ) and ( 5 ) , 4 0 3 ( a ) ( 3 ) , 1003(a)(3) and ( 4 ) , 1403(a)(3) and 42 use 303.
(4), and 1603(a) (4) and (5) : Provided, That if the amounts made ul'sZVe'. ' ^ " '
available, pursuant to subparagraph ( C ) , are insufficient to meet the
requirements of this clause, then such amounts as are available shall
be allotted to each of the three jurisdictions in proportion to their
respective populations.
" ( 3 ) No payment may be made under this section to any State with
respect to any expenditure for the provision of any service to any
individual unless—
" (A) the State's services program planning meets the require-
ments of section 2004, and Post, p. 2346.
" ( B ) the final comprehensive annual services plan in effect
when the service is provided to the individual includes the pro-
vision of that service to a category of individuals which includes
that individual in the descriptions required by section 2004(2)
(B) and (C) of the services to be provided under the plan and
the categories of individuals to whom the services are to be
provided.
The Secretary may not deny payment under this section to any State ^^^j^j^f,^"!*^""'^'
with respect to any expenditure on the ground that it is not an expendi- prohibition.
ture for the provision of a service or is not an expenditure for the pro-
vision of a service directed at a goal described in paragraph (1) of
this subsection.
" (4) So much of the aggregate expenditures with respect to which
payment is made under this section to any State for any fiscal year as
equals 50 per centum of the payment made under this section to the
State for that fiscal year must be expended for the provision of services
to individuals—
" ( A ) who are receiving aid under the plan of the State
approved under part A of title I V or who are eligible to receive 42 u s e 601.
such aid, or
" ( B ) whose needs are taken into account in determining the
needs of an individual who is receiving aid under the plan of the
State approved under part A of title I V , or who are eligible to
have their needs taken into account in determining the needs of
an individual who is receiving or is eligible to receive such aid, or
2340 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
" ( C ) with respect to whom supplemental security income bene-
42 use 1381. fits under title X V I or State supplementary payments, as defined
Post, p. 2348. in section 2007(1), are being paid, or who are eligible to have such
benefits or payments paid with respect to them, or
" ( D ) whose income and resources are taken into account in
determining the amount of supplemental security income benefits
or State supplementary payments, as defined in section 2007(1),
being paid with respect to an individual, or whose income and
resources would be taken into account in determining the amount
of such benefits or payments to be paid with respect to an individ-
ual who is eligible to have such benefits or payments paid with
respect to him, or
" ( E ) who are eligible for medical assistance under the plan of
42 use 1396. the State approved under title X I X .
"(5) No payment may be made under this section to any State with
respect to any expenditure for the provision of any service to any
individual—
" ( A ) who is receiving, or whose needs are taken into account
in determining the needs of an individual who is receiving, aid
under the plan of the State approved under part A of title I V ,
or with respect to whom supplemental security income benefits
under title X V I or State supplementary payments, as defined in
section 2007 (1), are being paid, or
" ( B ) who is a member of a family the monthly gross income
of which is less than the lower of—
" ( i ) 80 per centum of the median income of a family of
four in the State, or
"(ii) the median income of a family of four in the fifty
States and the District of Columbia,
adjusted, in accordance with regulations prescribed by the
Secretary, to take into account the size of the family,
if any fee or other charge (other than a voluntary contribution)
imposed on the individual for the provision of that service is not con-
sistent with such requirements (including requirements prohibiting
the imposition of any such fee or charge) as the Secretary shall
prescribe.
"(6) No payment may be made under this section to any State with
respect to any expenditure for the provision of any service, other than
an information or referral service or a service directed at the goal of
preventing or remedying neglect, abuse, or exploitation of children
an^ adults unable to protect their own interests, to any individual who
is not an individual described in paragraph (5), and—
" ( A ) who is a member of a family the monthly gross income
of which exceeds 115 per centum of tlie median income of a family
of four in the State, adjusted, in accordance with regulations
prescribed by the Secretary, to take into account the size of tlie
family, or "
" ( B ) who is a member of a family the monthly gross income
of which—
88 STAT. ] PUBLIC LAW 93-647-JAN. 4, 1975 2341
" (i) exceeds the lower of—
" ( I ) 80 per centum of the median income of a family
of four in the State, or
" ( I I ) the median income of a family of four in the
fifty States and the District of Columbia,
adjusted, in accordance with regulations prescribed by the
Secretary, to take into account the size of the family, and
"(ii) does not exceed 115 per centum of the median income
of a family of four in the State, adjusted, in accordance with
regulations prescribed by the Secretary, to take into account
the size of the family,
unless a fee or other charge reasonably related to income is
imposed on the individual for the provision of the service.
The Secretary shall promulgate the median income of a family of
four in each State and the fifty States and the District of Columbia
applicable to payments with respect to expenditures in each fiscal
year prior to the first day of the third month of the preceding fiscal
year.
"(7) No payment may be made under this section to any State
with respect to any expenditure—
" ( A ) for the provision of medical or any other remedial care,
other than family planning services, unless it is an integral but
subordinate part of a service described in paragraph (1) of this
subsection and Federal financial participation with respect to the
expenditure is not available under the plan of the State approved
under title X I X ; or ^2 use 1396.
" ( B ) for the purchase, construction, or major modification of
any land, building or other facility, or fixed equipment; or
(C) which is in the form of goods or services provided in
kind by a private entity; or
" ( D ) which is made from donated private funds, unless such
funds—•
" ( i ) are transferred to the State and are under its admin-
istrative control, and
"(ii) are donated to the State without restrictions as to
use, other than restrictions as to the services with respect to
which the funds are to be used imposed by a donor who is
not a sponsor or operator of a program to provide those
services, or the geographic area in which the services with
respect to which the contribution is used are to be provided,
and
"(iii) do not revert to the donor's facility or use if the
donor is other than a nonprofit organization; or
" ( E ) for the provision of room or board (except as provided
by paragraph (11) (C)) other than room or board provided for
a period of not more than six consecutive months as an integral
but subordinate part of a service described in paragraph (1) of
this subsection.
38-194 O - 76 - 65 Pt. 2
2342 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
"(8) No payment may be made under this section with respect to
any expenditure if payment is made with respect to that expenditure
62^. "^^ ^°^' ""d^r section 403 or 422 of this Act.
"(9) (A) No payment may be made under this section with respect
to any expenditure in connection with the provision of any child day
care service, unless—
" ( i ) in the case of care provided in the child's home, the care
meets standards established by the State which are reasonably
in accord with recommended standards of national standard-
setting organizations concerned with the home care of children,
or
"(ii) in the case of care provided outside the child's home, the
care meets the Federal interagency day care requirements as
approved by the Department of Health, Education, and Welfare
and the Office of Economic Opportunity on September 23, 1968;
except that (I) subdivision I I I of such requirements with respect
to educational services shall be recommended to the States and
not required, and staffing standards for school-age children in
day care centers may be revised by the Secretary, ( I I ) the staffing
standards imposed with respect to such care in the case of children
under age 3 shall conform to regulations prescribed by the Sec-
retary, and ( I I I ) the staffing standards imposed with respect to
such care in the case of children aged 10 to 14 shall require at
least one adult for each 20 children, and in the case of school-
aged children under age 10 shall require at least one adult for
each 15 children,
except as provided in subparagraph ( B ) .
" ( B ) The Secretary shall submit to the President of the Senate
and the Speaker of the House of Representatives, after December
31, 1976, and prior to July 1, 1977, an evaluation of the appropriate-
ness of the requirements imposed by subparagraph ( A ) , together
with any recommendations he may have for modification of those
requirements. No earlier than ninety days after the submission of that
report, the Secretary may, by regulation, make such modifications in
the requirements imposed by subparagraph (A) as he determines are
appropriate.
" ( C ) The requirements imposed by this paragraph are in lieu of
any requirements that would otherwise be applicable under section
Ante, p. 2310. 522(d) of tlic Ecouomic Opportunity Act of 1964 to child day care
services with respect to which payment is made under this section.
"(10) No payment may be made under this section with respect
to any expenditure for the provision of any educational service which
the State makes generally available to its residents without cost and
without regard to their income.
"(11) No payment may be made under this section with respect
to any expenditure for the provision of any service to any individual
living in any hospital, skilled nursing facility, or intermediate care
facility (including any such hospital or facility for mental diseases
or for the mentally retarded), any prison, or any foster family home
except—
88 STAT. ] PUBLIC LAW 93-647-JAN. 4, 1975 2343
" ( A ) any expenditure for the provision of a service that (i)
is provided by other than the hospital, facility, prison, or foster
family home in which the individual is living, and (ii) is pro-
vided, under the State's program for the provision of the services
described in paragraph (1), to individuals who are not living in
a hospital, skilled nursing facility, intermediate care facility,
prison, or foster family home,
" ( B ) any expenditure which is for the cost, in addition to the
cost of basic foster care, of the provision, by a foster family
home, to an individual living in that home, of a service which
meets a special need of that individual, as determined under
regulations prescribed by the Secretary, and
" ( C ) any expenditure for the provision of emergency shelter
provided to a child, for not in excess of thirty days, as a protec-
tive service.
"(12) No payment may be made under this section with respect
to any expenditure for the provision of cash payments as a service.
"(13) No payment may be made under this section with respect
to any expenditure for the provision of any service to any individual
to the extent that the provider of the service or the individual receiv-
ing the service is eligible to receive payment under title X V I I I with '•^ use 1395.
respect to the provision of the service.
"(b) (1) Prior to the beginning of each quarter the Secretary shall
estimate the amount to which a State will be entitled under this section
for that quarter on the basis of a report filed by the State containing
its estimate of the amount to be expended during that quarter with
respect to which payment must be made under this section, together
with an explanation of the bases for that estimate.
"(2) The Secretary shall then pay to the State, in such install-
ments as he may determine, the amount so estimated, reduced or
increased to the extent of any overpayment or underpayment which
the Secretary determines was made under this section to the State
for any prior quarter and with respect to which adjustment has not
already been made under this subsection.
"(3) Upon the making of any estimate by the Secretary under
this subsection, any appropriations available for payments under this
section shall be deemed obligated.
"PROGRAM REPORTIXG
"SEC. 2003. (a) Each State which participates in the program ^2 use 1397b.
established by this title shall make such reports concerning its use of
Federal social services funds as the Secretary may by regulation pro-
vide."
" ( b ) Each State which participates in the program established by
this title shall assure that the aggregate expenditures from appropri-
ated funds from the State and political subdivisions thereof for the
provision of services during 6ach services program year (as established
under the requirements of section 2002(a) (3)) with respect to which ^"'^» P- 2337.
payment is made under section 2002 is not less than the aggregate
expenditures from such appropriated funds for the provision of those
services during the fiscal year ending June 30, 1973, or the fiscal year
ending June 30, 1974, with respect to which payment was made under
the plan of the State approved under title I, VI, X, X I V , or X V I , or
part A of title IV, whichever is less, except that the requirements of '*2 use 301,801,
this subsection shall not apply to any State for any services program eoi.'
year if the payment to the State under section 2002, for each fiscal year
any part of which is included in that services program year, with
2344 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
respect to expenditures other than expenditures for personnel training
or retraining directly related to the provision of services, equals the
Ante, p. 2337.
allotment of the State for that fiscal year under section 2002(a) (2).
o'^ortunit''^^""^ "^^^ ^^^ ^^ ^^^ Secretary, after reasonable notice and an opportu-
oppor unity. ^^^^ ^^^ ^ hearing to the State, finds that there is a substantial failure
to comply with any of the requirements imposed by subsections (a)
and (b) of this section, he shall, except as provided in paragraph (2),
notify the State that further payments will not be made to the State
under section 2002 until he is satisfied that there will no longer be
any such failure to comply, and until he is so satisfied he shall make
no further payments to the State.
Payments termi- «/£) x h e Secretary may suspend implementation of any termina-
nation, suspen- . • / • i i /1 \ i> ^ - I I T
sion. tion 01 payments under paragraph (1) tor such period as he deter-
mines appropriate and instead reduce the amount otherwise payable
to the State under section 2002 for expenditures during that period by
3 per centum for each of subsections (a) and (b) of this section with
respect to which there was a finding of substantial noncompliance and
with respect to which he is not yet satisfied that there will no longer
be any such failure to comply.
" ( d ) (1) Each State which participates in the program established
by this title shall have a plan applicable to its program for the pro-
vision of the services described m section 2002(a) (1) which—
" ( A ) provides that an opportunity for a fair hearing before
the appropriate State agency will be granted to any individual
whose claim for any service described in section 2002(a)(1) is
denied or is not acted upon with reasonable promptness;
" ( B ) provides that the use or disclosure of information
obtained in connection with administration of the State's program
for the provision of the services described in section 2002(a) (1)
concerning applicants for and recipients of those services will be
restricted to purposes directly connected with the administration
of that program, the plan of the State approved under part A of
42 use 601, ti^ig lY^ the plan of the State developed under part B of that
^^°' title, the supplemental security income program established by
i3g^^^'^ "^^' title X V I , or the plan of the State approved under title X I X ;
" ( C ) provides for the designation, by the chief executive officer
of the State or as otherwise provided by the laws of the State, of
an appropriate agency which will administer or supervise the
administration of the State's program for the provision of the
services described in section 2002 ( a ) ( 1 ) ;
" ( D ) provides that the State will, in the administration of its
program for the provision of the services described in section
2002(a) (1), use such methods relating to the establishment and
maintenance of personnel standards on a merit basis as are found
by the Secretary to be necessary for the proper and efficient opera-
tion of the program, except that the Secretary shall exercise no
authority with respect to the selection, tenure of office, or compen-
sation of any individual employed in accordance with such
methods;
" ( E ) provides that no durational residency or citizenship
requirement will be imposed as a condition to participation in the
program of the State for the provision of the services described
in section 2002(a)(1);
" ( F ) provides, if the State program for the provision of the
services described in section 2002(a) (1) includes services to indi-
viduals living in institutions or foster homes, for the establish-
ment or designation of a State authority or authorities which shall
be responsible for establishing and maintaining standards for such
88 STAT. ] PUBLIC LAW 93-647-JAN. 4, 1975 2345
institutions or homes which are reasonably in accord with recom-
mended standards of national organizations concerned with stand-
ards for such institutions or homes, including standards related
to admissions policies, safety, sanitation, and protection of civil
rights;
" ( G ) provides, if the State program for the provision of the
services described in section 2002(a) (1) includes child day care Ante, p. 2337.
services, for the establishment or designation of a State authority
or authorities which shall be responsible for establishing and
maintaining standards for such services which are reasonably in
accord with recommended standards of national organizations
concerned w4th standards for such services, including standards
related to admission policies for facilities providing such services,
safety, sanitation, and protection of civil rights;
" ( H ) provides that the State's program for the provision of
the services described in section 2002(a)(1) will be in effect in
all political subdivisions of the State; and
" ( I ) provides for financial participation by the State in the
provision of the services described in section 2002(a) (1).
Notwithstanding clause ( C ) , if on December 1, 1974, the State agency
which administered or supervised the administration of the portion
of the plan of the State for services to the aged, blind, or disabled
approved under title V I of this Act which related to blind individuals ^'^ use soi.
was different from the agency which administered or supervised the
administration of the rest of that plan, the State agency which admin-
istered or supervised the administration of the portion of the plan of
the State for services to the aged, blind, or disabled related to blind
individuals may be designated to administer or supervise the admin-
istration of the portion of the State's program for the provision of
the services described in section 2002(a) (1) related to blind individuals
and a separate State agency may be designated to administer or super-
vise the administration of the rest of the program; and in such case
the part of the program which each agency administers, or the admin-
istration of which each agency supervises, shall be regarded as a
separate program for the provision of the services described in section
2002(a) (1) for purposes of this title. The date selected by the State
pursuant to section 2004(1) as the beginning of the services program ^°«'' P- 2346.
year for each of the separate programs shall be the same.
"(2) The Secretary shall approve any plan which complies with
the provisions of paragraph (1).
"(e) (1) No payment may be made under section 2002 to any State
which does not have a plan approved under subsection (g).
"(2) I n the case of any State plan which has been approved by the
Secretary under subsection (d), if the Secretary, after reasonable Notice, hearing
notice and an opportunity for a hearing to the State, finds— "^^""^ ""''^"
" ( A ) that the plan no longer complies with the provisions of
subsection (d) (1), or
" ( B ) that in the administration of the plan there is a substantial
failure to comply with any such provision,
the Secretary shall, except as provided in paragraph (3), notify the
State that further payments will not be made to the State under sec-
tion 2002 until he is satisfied that there will no longer be any such fail-
ure to comply, and until he is so satisfied he shall make no further
payments to the State.
" (3) The Secretary may suspend implementation of any termination na^on'^sus^ in™'"
of payments under paragraph (2) for such period as he determines sion.
appropriate and instead reduce the amount otherwise payable to the
2346 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
Ante, p. 2337, gtate Under section 2002 for expenditures during that period by 3
percent for each clause of subsection ( d ) ( 1 ) with respect to which
there is a finding of noncompliance and with respect to which he is
not yet satisfied that there will no longer be any such failure to comply.
"SERVICES PROGR.\M PLANNING
42 use 1397c. "SEC. 2004. A State's services program planning meets the require-
ments of this section if, for the purpose of assuring public participation
in the development of the program for the provision of the services
described in section 2002(a) (1) within the State—
" (1) the beginning of the fiscal year of either the Federal Gov-
ernment or the State government is established as the beginning
of the State's services program year; and
"(2) at least ninety days prior to the beginning of the State's
services program year, the chief executive officer of the State, or
such other official as the laws of the State provide, publishes and
makes generally available (as defined in regulations prescribed by
the Secretary after consideration of State laws governing notice
of actions by public officials) to the public a proposed comprehen-
sive annual services program plan prepared by the agency desig-
Ante, p. 2343. uatcd pui'suaut to the requirements of sectlou 2003(d) (1) (C) and,
unless the laws of the State provide otherwise, approved by the
chief executive officer, which sets forth the State's plan for the
provision of the services described in section 2002(a) (1) during
that year, including—
" ( A ) the objectives to be achieved under the program,
" ( B ) the services to be provided under the program, includ-
ing at least one service directed at at least one of the goals in
each of the five categories of goals set forth in section
2002(a)(1) (as determined by the State) and including at
least three types of services (selected by the State) for indi-
viduals who are recipients of supplemental security income
42 use 1381. benefits under title X V I and who are in need of such services,
together with a definition of those services and a description
of their relationship to the objectives to be achieved under the
program and the goals described in section 2002(a)(1),
" ( C ) the categories of individuals to whom those services
are to be provided, including any categories based on the
income of individuals or their families,
" ( D ) the geographic areas in which those services are to be
provided, and the nature and amount of the services to be
provided in each area,
" ( E ) a description of the planning, evaluation, and report-
ing activities to be carried out under the program,
( F ) the sources of the resources to be used to carry out the
program,
" ( G ) a description of the organizational structure through
which the program will be administered, including the extent
to which public and private agencies and volunteers will be
utilized in the provision of services,
" ( H ) a description of how the provision of services under
the program will be coordinated with the plan of the State
62*0."^^ ^°^' approved under part A of title IV, the plan of the State
developed under part B of that title, the supplemental secu-
rity income program established by title X V I , the plan of the
42 use 13 96. State approved under title X I X , and other programs for the
provision of related human services within the State, includ-
88 STAT. ] PUBLIC LAW 93-647-JAN. 4, 1975 2347
ing the steps taken to assure maximum feasible utilization of
services under these programs to meet the needs of the low
income population,
" ( I ) the estimated expenditures under the program,
including estimated expenditures with respect to each of the
services to be provided, each of the categories of individuals
to whom those services are to be provided, and each of the
geographic areas in which those services are to be provided,
and a comparison between estimated non-Federal expendi-
tures under the program and non-Federal expenditures for
the provision of the services described in section 2002(a) (1) ^"'^' P- 2337.
in the State during the preceding services program year, and
" ( J ) a description of the steps taken, or to be taken, to
assure that the needs of all residents of, and all geographic
areas in, the State were taken into account in the development
of the plan; and
"(3) public comment on the proposed plan is accepted for a
period of at least forty-five days; and
"(4) at least forty-five days after publication of the proposed
plan and prior to the beginning of the State's services program
year, the chief executive officer of the State, or such other official
as the laws of the State provide, publishes a final comprehensive
annual services program plan prepared by the agency designed
pursuant to the requirements of section 2003(d)(1)(C) and. Ante, p. 2343.
unless the laws of the State provide otherwise, approved by the
chief executive officer, which sets forth the same information re-
quired to be included in the proposed plan, together with an
explanation of the differences between the proposed and final plan
and the reasons therefor; and
" (5) any amendment to a final comprehensive services program
plan is prepared by the agencj'^ designated pursuant to section
2 0 0 3 ( d ) ( 1 ) ( C ) , approved by the chief executive officer of the
State unless the laws of the State provide otherwise, and pub-
lished by the chief executive officer of the State, or such other
official as the laws of the State provide, as a proposed amendment
on which public comment is accepted for a period of at least thirty
days, and then prepared by the agency designated pursuant to
section 2 0 0 3 ( d ) ( 1 ) ( C ) , approved by the chief executive officer
of the State unless the laws of the State provide otherwise, and
published by the chief executive officer of the State, or such other
official as the laws of the State provide, as a final amendment,
together with an explanation of the differences between the pro-
posed and final amendment and the reasons therefor.
"EFFECTIVE DATE OF REGULATIONS PUBLISHED BY THE SECRETARY
J'SEC. 2005. No final regulation published by the Secretary under ^^ use i3 97d.
this title shall be effective with respect to payments under section 2002
for expenditures during any quarter commencing before the beginning
of the first services program year established by the State under the
requirements of section 2002(a) (3) which begins at least sixty days
after the publication of the final regulation.
"EVALUATION; PROGRAM ASSISTANCE
"SEC. 2006. (a) The Secretary shall provide for the continuing '^^ use i397e.
evaluation of State programs for the provision of the services described
in section 2002(a)(1).
2348 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
"(b) The Secretary shall make available to the States assistance
with respect to the content of their services program, and their serv-
ices program planning, reporting, administration, and evaluation.
6 8^°*^''°^°"* "(^) Within six months after the close of each fiscal year, the
gress Secretary shall submit to the Congress a report on the operation of the
program established by this title during that year, including—
"(1) the evaluations carried out under subsection (a) and the
results obtained therefrom, and
"(2) the assistance provided under subsection (b) during that
year.
"DEFENITIONS
42 use i3 97f. agj,^ 2007. For purposes of this title—
"(1) the term 'State supplementary payment' means any cash
payment made by a State on a regular basis to an individual who
is receiving supplemental security income benefits under title
42 u s e 1381, 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 determined by the Secretary, and
"(2) the t e r m ' S t a t e ' m e a n s the fifty States and the District of
Columbia.",
TECHNICAL AND CONFORMING AMENDMENTS
42 use 602. gj,(._ 3^ ( a ) ( 1 ) Section 402(a)(5) of the Social Security Act is
amended by striking out " ( A ) " and striking out everything after
"proper and efficient operation of the plan" and inserting " ; and" in
lieu thereof.
(2) Section 402(a) of that Act is further amended by striking out
Post. p. 2360. paragraphs (18) and (14).
42 use 603. (3) Section 403(a) (3) of that Act is amended to read as follows:
"(3) in the case of any State, an amount equal to the sum of
the following proportions of the total amounts expended during
such quarter as found necessary by the Secretary of Health,
Education, and Welfare for the proper and efficient administra-
tion of the State plan—
" ( A ) 75 per centum of so much of such expenditures as
are for the training of personnel employed or preparing for
employment by the State agency or by the local agency
administering the plan in the political subdivision, and
" ( B ) one-half of the remainder of such expenditures,
except that no payment shall be made with respect to amounts
expended in connection with the provision of any service
Ante, p. 2337. describcd in section 2002(a)(1) of this Act other than services
the provision of which is required by section 402(a) (19) to be
included in the plan of the State; and"
(4) Section 403 of that Act is further amended by striking out
subsection _(e).
4 2 use 6 06. (5) Section 406 of that Act is amended by striking out subsection
42 use 622. (g) Section 422(a) (1) (A) (i) of that Act is amended by striking
out "the State agency designated pursuant to section 402(a)(3) to
administer or supervise the administration of the plan of the State
approved under part A of this title" and inserting "the individual or
Ante, p. 2343. agcucy designated pursuant to section 2003(d) (1) (C) to administer
or supervise the administration of the State's services program" in
lieu thereof.
(7) Section 422(a) (1) (A) (ii) of that Act is amended by striking
out "the organizational unit in such State or local agency established
pursuant to section 402(a) (15)" and inserting "a single organiza-
88 STAT.] PUBLIC LAW 93-647-JAN. 4, 1975 2349
tional unit in such State or local agency, as the case may be," in lieu
thereof.
(8) Section 402 (a) (15) of that Act is amended by inserting "as part ^^ "^^ ^°^-
of the program of the State for the provision of services under title
X X " immediately after "provide".
(b) Title V I of the Social Security Act is repealed. ^2 u^s^'c soi-sos
(c) Section 1115 of the Social Security Act is amended by— 42 use 1315
(1) striking out "or X I X " and inserting " X I X , or X X " in
lieu thereof,
(2) striking out "or 1902" in clause (a) and inserting "1902,
2002, 2003, or 2004" in lieu thereof,
(3) striking out "or 1903" in clause (b) and inserting "1903,
or 2002" in lieu thereof, and
(4) inserting "or expenditures with respect to which payment
shall be made under section 2002," immediately after "adminis-
tration of such State plan or plans," in clause (b).
(d) Section 1116 of the Social Security Act is amended by— 42 use 131 e.
(1) striking out "or X I X " in subsections (a) (1) and (b) and
inserting " X I X or X X " in lieu thereof,
(2) striking out "or 1904" and inserting "1904, or 2003" in lieu
thereof in subsection (a) (3), and
(3) inserting " X X , " immediately after " X I X , " in subsection
(d).
(e) (1) Section 1130 of the Social Security Act is repealed. Repeal.
(2) Sections 3 ( a ) , 403(a), 1003(a), 1403(a), and 1603(a) of that H use 303°'603,
Act (relating to payments to States with approved State plans) are 1203, 1353, 1383
each amended by striking out "(subject to section 1130)". note.
(f) Any child day care service provided under any plan of a State n o42 te,
u s e 1397a
approved under part A, or developed under part B, of title I V of the
Social Security Act must meet the requirements applicable, under 42 u s e 6 0 1 , 520.
subsection (a) (9) of section 2002 of the Social Security Act, as Ante, p. 2337.
amended by this Act, to child day care services with respect to which
payment is made under that section. The requirements imposed by
this subsection are in lieu of any requirements that would otherwise
be applicable under section 522(d) of the Economic Opportunity Act
of 1964 to child day care services provided under any plan of a State ^"^^' P- ^sio
approved under part A, or developed under part B, of title I V of the
Social Security Act.
(g) Section 12(a) of Public Law 93-233 is amended by striking J^^^^^ ^320b
out "January 1, 1975" and inserting "October 1, 1975" in lieu thereof.
Notwithstanding the provisions of section 12(a) of Public Law 93-233,
the Secretary may make any modification in any regulation described
in that section if the modification is necessary to implement the
provisions of this part.
(h) Section 422 of the Social Security Act is amended by insert- '^^ use 622.
ing at the end thereof the following new subsection:
"(c) If on December 1, 1974, the agency of a State administer-
ing its plan under this part was not the agency designated pursuant
to section 402(a) (3), subsection ( a ) ( 1 ) ( A ) of this section shall not
apply with respect to such agency but only so long as such agency is
not the agency designated under section 2 0 0 3 ( d ) ( 1 ) ( C ) , and if on
December 1, 1974, the local agency administering the plan of a State
under this part in a subdivision of the State is not the local agency
in such subdivision administering the plan of such State under part
A of this title, subsection (a) (1) (A) of this section shall not apply
with respect to such local agency but only so long as such local agency
is not the local agency administering the program of the State for
the provision of services under title X X . "
2350 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT
42 use 1308. ^-^ Section 1108(a) of the Social Security Act is amended by strik-
ing out "The total amount'' and inserting m lieu thereof "Except as
Anfe, p. 2337. provided lu 2002(a) (2) ( D ) , the total amouut".
noti"^^ ^^^^^ (i) Notwithstanding the provisions of paragraph (2) of section
2002(a) of the Social Security Act, as amended by this Act, the lim-
itation imposed by such paragraph (2) for the fiscal year beginning
July 1, 1975, with respect to any State shall be the allotment of the
State for that fiscal year as determined under section 1130 of the
Social Security Act. I n determining, for the purposes of that limita-
tion, the total amount of the payments made to any State with respect
to expenditures during the fiscal year beginning July 1, 1975, there
shall be included the amount of any payments made to the State that
are chargeable against the allotment of the State for the fiscal year
Ante, p. 2349. beginning July 1, 1975, under such section 1130.
REPORT BY T H E SECRETARY
re^sT°'*'° *^°"" ^^^' ^' Prior to '^^^^J 1^ 1^77, the Secretary shall submit to the
^'^42^usc 1397a Congress a report on the effectiveness of the program established by
"°*^' title X X of the Social Security Act, as amended by this Act, during
calendar years 1975 and 1976, together with recommendations, if any,
for improvements in that program.
P A Y M E N T S TO STATES FOR EDUCATIONAL PURPOSES
42 u s e 3 0 3 . SEC. 5. (a) Section 3(a) (4) (A) (iv) of the Social Security Act (as
applicable to Puerto Rico, the Virgin Islands, and Guam) is amended
by inserting "(incuding both short- and long-term training at educa-
tional institutions through grants to such institutions or by direct
financial assistance to students enrolled in such institutions)" following
"training".
42 u s e 6 0 3 . (b) Section 403(a) (3) (A) (iii) of the Social Security Act is
amended by inserting "(incuding iDoth short- and long-term training
at educational institutions through grants to such institutions or by
direct financial assistance to students enrolled in such institutions)"
following "training".
42 u s e 1203. (c) Section 1003(a) (3) (A) (iv) of the Social Security Act (as
applicable to Puerto Rico, the Virgin Islands, and Guam) is amended
by inserting "(including both short- and long-term training at educa-
tional institutions through grants to such institutions or by direct
financial assistance to students enrolled in such institutions)" follow-
ing "training".
42 use 1353. ((J) Section 1403(a) (3) (A) (iv) of the Social Security Act (as
applicable to Puerto Rico, the Virgin Islands, and Guam) is amended
by inserting "(including both short- and long-term training at educa-
tional institutions through grants to such institutions or by direct
financial assistance to students enrolled in such institutions)" follow-
ing "training".
j2^usei383 ^^j Section 1603(a) (4) (A) (iv) of the Social Security Act (as
api)licable to Puerto Rico, the Virgin Islands, and Guam) is amended
by inserting "^including both short- and lonj^-term training at educa-
tional institutions through grants to such institutions or by direct
financial assistance to students enrolled at such institutions)" following
"training".
DEFINITION OF SECRETARY
SEC. 6. As used in this part and the amendments made by this part,
the term "Secretary" means, unless the context otherwise requires,
the Secretary of Health, Education, and Welfare.
88 STAT. ] PUBLIC LAW 93-647-JAN. 4, 1975 2351
EFFECTIVE DATES
SEC. 7. (a) (1) The amendments made by sections 2 and 5 of this 42 use 1397
Act shall be effective with respect to payments for quarters commencing "^"/nte, pp. 2337.
after September 30,1975. 2350.
(2) Notwithstanding the provisions of section 2004 of the Social
Security Act, as amended by this Act, the first services program year Ante, p. 2346.
of each State shall begin on October 1,1975, and end with the close of,
at the option of the State—
(A) the day in the twelve-month period beginning October 1,
1975, or
(B) the day in the twelve-month period beginning October 1,
1976,
which is the last day of the twelve-month period established by the
State as its services program year under that section. Notwithstanding
the provisions of subsection (b) of section 2003 of the Social Security
Act, as amended by this Act, the aggregate expenditures required by '^"^^' P- ^^'*^'
that subsection with respect to the first services program year of each
State shall be the amount which bears the same ratio to the amount
that would otherwise be required under that subsection as the number
of months in the State's first services program year bears to twelve.
(b) The amendments made by section 3 of this Act shall be effective ^"'«' P. 2348.
with respect to payments under sections 403 and 603 of the Social
Security Act for quarters conunencing after September 30, 1975, ^2 use 603,
except that the amendments made by section 3(a) shall not be effective *°^"
with respect to the Commonwealth of Puerto Rico, the Virgin Islands,
or Guam.
PART B — C H I L D SUPPORT PROGRAMS
CHILD SUPPORT AND ESTABLISHMENT OF PATERNITY
In General
SEC. 101. (a) Title I V of the Social Security Act is amended by
adding after part C the following new p a r t :
"PART D — C H I L D SUPPORT AND ESTABLISHMENT or PATERNITY
"APPROPRIATION
"SEC. 451. For the purpose of enforcing the support obligations OAved '•2 use 65i.
by absent parents to their children, locating absent parents, establish-
ing paternity, and obtaining child support, there is hereby authorized
to be appropriated for each fiscal year a sum sufficient to carry out the
purposes of this part.
" D U T I E S OF THE SECRETARY
"SEC. 452. (a) The Secretary shall establish, within the Department 42 use 652.
of Health, Education, and Welfare a separate organizational unit,
under the direction of a designee of the Secretary, who shall report
directly to the Secretary and who shall—
"(1) establisli such standards for State programs for locating
absent parents, establishing paternity, and obtaining child sup-
port as he determines to be necessary to assure that such programs
will be effective;
"(2) establish mininmm organizational and staffing require-
ments for State units engaged in carrying out such programs
under plans approved under this part ;
"(3) review and approve State plans for such programs;
2352 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
" (4) evaluate the implementation of State programs established
pursuant to such plan, conduct such audits of State programs
established under the plan approved under this part as may be
necessary to assure their conformity with the requirements of this
Annual audit. part, and, not less often than annually, conduct a complete audit of
the programs established under such plan in each State and deter-
mine for the purposes of the penalty provision of section 403(h)
whether the actual operation of such programs in each State con-
forms to the requirements of this p a r t ;
" (5) assist States in establishing adequate reporting procedures
and maintain records of the operations of programs established
pursuant to this part in each State;
"(6) maintain records of all amounts collected and disbursed
under programs established pursuant to the provisions of this part
and of the costs incurred in collecting such amounts;
Technical as- "(7) provide technical assistance to the States to help them
sistance.
establish effective systems for collecting child support and estab-
lishing paternity;
"(8) receive applications from States for permission to utilize
the courts of the United States to enforce court orders for support
against absent parents and, upon a finding that (A) another State
has not undertaken to enforce the court order of the originating
State against the absent parent within a reasonable time, and
(B) that utilization of the Federal courts is the only reasonable
method of enforcing such order, approve such applications;
"(9) operate the Parent Locator Service established by section
Post, p . 2353. 453; and
Report to Con- "(10) not later than June 30 of each year beginning after
December 31, 1975, submit to the Congress a report on all activi-
ties undertaken pursuant to the provisions of this part.
"(b) The Secretary shall, upon the request of any State having in
effect a State plan approved under this part, certify the amount of any
child support obligation assigned to such State to the Secretary of the
Treasury for collection pursuant to the provisions of section 6305 of the
P o s t , p . 2358. Internal Revenue Code of 1954. No amount may be certified for col-
lection under this subsection except the amount of the delinquency
under a court order for support and upon a showing by the State that
such State has made diligent and reasonable efforts to collect such
amounts utilizing its own collection mechanisms, and upon an agree-
ment that the State will reimburse the United States for any costs
involved in making the collection. The Secretary after consultation
with the Secretary of the Treasury may, by regulation, establish crite-
ria for accepting amounts for collection and for making certification
under this subsection including imposing such limitations on the
frequency of making such certifications under this subsection.
Revolving fund. " (c) (1) There is hereby established in the Treasury a revolving fund
Establishment.
which shall be available to the Secretary without fiscal year limita-
tion, to enable him to pay to the States for distribution in accordance
Post, p . 2356. with the provisions of section 457 such amounts as may be collected and
paid (subject to paragraph (2)) into such fund under section 6305 of
26 u s e 6305. the Internal Revenue Code of 1954.
"(2) There is hereby appropriated to the fund, out of any moneys
in the Treasury not otherwise appropriated, amounts equal to the
amounts collected under section 6305 of the Internal Revenue Code
of 1954, reduced by the amounts credited or refunded as overpayments
of the amounts so collected. The amounts appropriated by the pre-
ceding section shall be transferred at least quarterly from the general
fund of the Treasury to the fund on the basis of estimates made by
88 STAT. ] PUBLIC LAW 93-647-JAN. 4, 1975 2353
the Secretary of the Treasury. Proper adjustments shall be made in
the amounts subsequently transferred to the extent prior estimates
were in excess of or less than the amounts required to be transferred.
a P A R E N T LOCATOR SERVICE
"SEO. 453. (a) The Secretary shall establish and conduct a Parent Jj^^^gc^e'sT"''
Locator Service, under the direction of the designee of the Secretary
referred to in section 452(a), which shall be used to obtain and trans-
mit to any authorized person (as defined in subsection (c)) informa-
tion as to the whereabouts of any absent parent when such information
is to be used to locate such parent for the purpose of enforcing sup-
port obligations against such parent.
"(b) Upon request, filed in accordance with subsection (d) of any
authorized person (as defined in subsection (c)) for the most recent
address and place of employment of any absent parent, the Secretary
shall, notwithstanding any other provision of law, provide through
the Parent Locator Service such information to such person, if such
information—
" (1) is contained in any files or records maintained by the Sec-
retary or by the Department of Health, Education, and Welfare;
or
" (2) is not contained in such files or records, but can be obtained
by the Secretary, under the authority conferred by subsection
(e), from any other department, agency, or instrumentality, or
the United States or of any State.
No information shall be disclosed to any person if the disclosure of information dis-
such information would contravene the national policy or security ue^d.""^^' ^'^°
interests of the United States or the confidentiality of census data. The
Secretary shall give priority to requests made by any authorized person
described in subsection (c) (1).
" (c) As used in subsection ( a ) , the term 'authorized person' means— "Authorized
"(1) any agent or attorney of any State having in effect a plan person.
approved under this part, who has the duty or authority under
such plans to seek to recover any amounts owed as child support
(including, when authorized under the State plan, any official
of a political subdivision) ;
"(2) the court which has authority to issue an order against
an absent parent for the support and maintenance of a child, or
any agent of such court; and
(3) the resident parent, legal guardian, attorney, or agent of
a child (other than a child receiving aid under part A of this
title) (as determined by regulations prescribed by the Secretary)
without regard to the existence of a court order against an absent
parent who has a duty to support and maintain any such child.
" ( d ) A request for information under this section shall be filed in
such manner and form as the Secretary shall by regulation prescribe
and shall be accompanied or supported by such documents as the Sec-
retary may determine to be necessary.
"(e) (1) Whenever the Secretary receives a request submitted under
subsection (b) which he is reasonably satisfied meets the criteria
established by subsections ( a ) , (b), and (c), he shall promptly under-
take to provide the information requested from the files and records
maintained by any of the departments, agencies, or instrumentalities
of the United States or of any State.
"(2) Notwithstanding any other provision of law, whenever the
individual who is the head of any department, agency, or instru-
mentality of the United States receives a request from the Secretary
for information authorized to be provided by the Secretary under
2354 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
this section, such individual shall promptly cause a search to be made
of the files and records maintained by such department, agency, or
instrumentality with a view to determining whether the information
requested is contained in any such files or records. If such search
discloses the information requested, such individual shall immedi-
ately transmit such information to the Secretary, except that if any
information is obtained the disclosure of which would contravene
national policy or security interests of the United States or the con-
fidentiality of census data, such information shall not be transmitted
and such individual shall immediately notify the Secretary. If such
search fails to disclose the information requested, such individual
shall immediately so notify the Secretary. The costs incurred by any
such department, agency, or instrumentality of the United States or
of any State in providing such information to the Secretary shall be
reimbursed by him. Whenever such services are furnished to an
^^^* individual specified in subsection (c) (3), a fee shall be charged such
individual. The fee so charged shall be used to reimburse the Secre-
tary or his delegate for the expense of providing such services.
"(f) The Secretary, in carrying out his duties and functions under
this section, shall enter into arrangements with State agencies admin-
istering State plans approved under this part for such State agencies
to accept from resident parents, legal guardians, or agents of a child
described in subsection (c) (3) and, after determining that the absent
parent cannot be located through the procedures under the control
of such State agencies, to transmit to the Secretary requests for infor-
mation with regard to the whereabouts of absent parents and other-
wise to cooperate with the Secretary in carrying out the purposes of
this section.
STATE P L A N FOR C H I L D SUPPORT
Provisions.
42 u s e 654
"SEC. 454. A State plan for child support must—
"(1) provide that it shall be in effect in all political subdivi-
sions of the State;
"(2) provide for financial participation by the State;
"(3) provide for the establishment or designation of a single
and separate organizational unit, which meets such staffing and
organizational requirements as the Secretary may by regulation
prescribe, within the State to administer the plan;
"(4) provide that such State will undertake—
" ( A ) in the case of a child born out of wedlock with
Post, p. 2359. respect to whom an assignment under section 402(a) (26) of
this title is effective, to establish the paternity of such child,
and
" ( B ) in the case of any child with respect to whom such
assignment is effective, to secure support for such child from
his parent (or from any other person legally liable for such
support), utilizing any reciprocal arrangements adopted Avith
other States, except that when such arrangements and other
\ means have proven ineffective, the State may utilize the Fed-
eral courts to obtain or enforce court orders for support;
" (5) provide that, in any case in which child support payments
are collected for a child with respect to whom an assignment
Post, p . 2356.
under section 402(a) (26) is effective, such payments shall be
made to the State for distribution pursuant to section 457 and
shall not be paid directly to the family except that this paragraph
shall not apply to such payments (except as provided in section
457(c)) for any montli in which the amount collected is sufficient
to make such family ineligible for assistance under the State
plan approved under part A ;
88 STAT. } PUBLIC LAW 93-647-JAN. 4, 1975 2355
"(6) provide that (A) the child support collection or paternity
determination services established under the plan shall be made
available to any individual not otherwise eligible for such services
upon application filed by such individual with the State, (B) an Application fee.
application fee for furnishing such services may be imposed,
except that the amount of any such application fee shall be
reasonab^.e, as determined under regulations of the Secretary, and
(C) any costs in excess of the fee so imposed may be collected
from such individiuil by deducting such costs from the amount of
any recovery made;
"(7) provide for entering into cooperative arrangements with
appropriate courts and law enforcement officials (A) to assist the
agency administering the plan, including the entering into of
financial arrangements with such courts and officials in order to
assure optimum results under such program, and (B) with respect
to any other matters of common concern to such courts or officials
and the agency administering the plan;
"(8) provide that the agency administering the plan will estab-
lish a service to locate absent parents utilizing—
" ( A ) all sources of information and available records, and
" ( B ) the Parent Locator Service in the Department of
Health, Education, and Welfare;
"(9) provide that the State will, in accordance with standards
prescribed by the Secretary, cooperate with any other State—
" ( A ) in establishing paternity, if necessary,
'•(B) in locating an absent parent residing in the State
(whether or not permanently) against w4iom any action is
being taken under a program established under a plan
approved under this part in another State,
" ( C ) in securing compliance by an absent parent residing
in such State (whether or not pei-manently) with an order
issued by a court of competent jurisdiction against such
parent for the support and maintenance of a child or children
of such parent Avith respect to whom aid is being provided
under the plan of such other State, and
" (D) in carrying out other functions required under a plan
approved under this p a r t ;
"(10) provide that the State will maintain a full record of
collections and disbursements made under the plan and have an
adequate reporting system;
"(11) provide that amounts collected as child support shall be
distributed as provided in section 457; Post, p. 23S6.
"(12) provide that any payment required to be made under
section 456 or 457 to a family, shall be made to the resident parent,
legal guardian, or caretaker relative having custody of or respon-
sibility for the child or children; and
"(13) provide that the State will comply with such other
requirements and standards as the Secretary determines to be
necessary to the establishment of an effective program for locat-
ing absent parents, establishing paternity, obtaining support
orders, and collecting support payments.
"PAYMENTS TO STATES
"SEC, 455. From the sums appropriated therefor, the Secretary shall '*2 use ess.
pay to each State for each quarter, beginning with the quarter com-
mencing July 1, 1975, an amount equal to 75 percent of the total
amounts expended by such State during such quarter for the operation
of the plan approved under section 454 except that no amount shall be Ante, p. 2354.
2356 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
paid to any State on account of furnishing collection services (other
Ante, p . 2354. than parent locator services) to individuals under section 454(6) dur-
ing any period beginning after June 30,1976.
"SUPPORT OBLIGATIONS
42 u s e 656. "SEC. 456. (a) The support rights assigned to the State under section
Post, p . 2359. 402(a) (26) shall constitute an obligation owed to such State by the
individual responsible for providing such support. Such obligation
shall be deemed for collection purposes to be collectible under all appli-
cable State and local processes.
"(1) The amount of such obligation shall be—
" ( A ) the amount specified in a court order which covers the
assigned support rights, or
" ( B ) if there is no court order, an amount determined by the
State in accordance with a formula approved by the Secretary,
and
"(2) Any amounts collected from an absent parent under the plan
shall reduce, dollar for dollar, the amount of his obligation under
paragraphs (1) (A) and ( B ) .
"(b) A debt which is a child support obligation assigned to a State
under section 402(a) (26) is not released by a discharge in bankruptcy
11 u s e 1 n o t e . under the Bankruptcy Act.
"DISIT?IBUTION or PROCEEDS
42 use 657. "SEC. 457. (a) The amounts collected as child support by a State
pursuant to a plan approved under this part during the 16 months
beginning July 1, 1975, shall be distributed as follows:
" (1) 40 per centum of the first $50 of such amounts as are col-
lected periodically which represent monthly support payments
shall be paid to the family without any decrease in the amount
paid as assistance to such family during such month;
"(2) such amounts as are collected periodically which are in
excess of any amount paid to the family under paragraph (1)
which represent monthly support payments shall be retained by
the State to reimburse it for assistance payments to the family
during such period (with appropriate reimbursement of the
Federal Government to the extent of its participation in the
financing);
"(3) such amounts as are in excess of amounts retained by the
State under paragraph (2) and are not in excess of the amount
required to be paid during such period to the family by a court
order shall be paid to the family; and
"(4) such amounts as are in excess of amounts required to be
distributed under paragraphs (1), (2), and (3) shall be (A)
retained by the State (with appropriate reimbursement of the
Federal Government to the extent of its participation in the
financing) as reimbursement for any past assistance payments
made to the family for which the State has not been reimbursed
or (B) if no assistance payments have been made by the State
which have not been repaid, such amounts shall be paid to the
family.
"(b) The amounts collected as child support by a State pursuant
to a plan approved under this part during any fiscal year beginning
after September 30, 1976, shall be distributed as follows:
"(1) such amounts as are collected periodically w^hich represent
monthly support payments shall be retained by the State to reim-
burse it for assistance payments to the family during such period
88 STAT. ] PUBLIC LAW 93-647-JAN. 4, 1975 2357
(with appropriate reimbursement of the Federal Government to
the extent of its participation in the financing);
"(2) such amounts as are in excess of amounts retained by the
State under paragraph (1) and are not in excess of the amount
required to be paid during such period to the family by a court
order shall be paid to the family; and
"(3) such amounts as are in excess of amounts required to be
distributed under paragraphs (1) and (2) shall be (A) retained
by the State (with appropriate reimbursement of the Federal
Government to the extent of its participation in the financing) as
reimbursement for any past assistance payments made to the
family for which the State has not been reimbursed or (B) if no
assistance payments have been made by the State which have not
been repaid, such amounts shall be paid to the family.
"(c) Whenever a family for whom child support payments have
been collected and distributed under the plan ceases to receive assistance
under part A of this title, the State may—
'' (1) continue to collect such support payments from the absent
parent for a period of not to exceed three months from the month
following the month in which such family ceased to receive assist-
ance under part A of this title, and pay all amounts so collected
to the family; and
"(2) at the end of such three-month period, if the State is
authorized to do so by the individual on whose behalf the collec-
tion will be made, continue to collect such support payments from
the absent parent and pay the net amount of any amount so col-
lected to the family after deducting any costs incurred in making
the collection from the amount of any recovery made.
INCENTIVE P A Y M E N T TO IX)CALITIES
"SEC. 458. (a) When a political subdivision of a State makes, for the 42 u s e 6 5 8 .
State of Avhich it is a political subdivision, or one State makes, for
another State, the enforcement and collection of the support rights
assigned under section 402(a) (26) (either within or outside of such ^°s'» P- 2359.
State), there shall be paid to such political subdivision or such other
State from amounts which would otherwise represent the Federal
share of assistance to the family of the absent parent—
"(1) an amount equal to 25 per centum of any amount collected
(and required to be distributed as provided in section 457 to
reduce or repay assistance payments) which is attributable to the
support obligation owed for 12 months; and
"(2) an amount equal to 10 per centum of any amount collected
(and required to be distributed as provided in section 457 to
reduce or repay assistance payments) which is attributable to the
support obligation owed for any month after the first twelve
months for which such collections are made.
"(b) Where more than one jurisdiction is involved in such enforce-
ment or collection, the amount of the incentive payment determined
under paragraphs (1) and (2) of subsection (a) shall be allocated
among the jurisdictions in a manner to be prescribed by the Secretary.
" C O N S E N T B Y T H E U N I T E D STATES TO G A R N I S H M E N T A N D S I M I L A R PRO-
CEEDINGS FOR ENFORCEMENT OF CHILD SUPPORT AND ALIMONY
OBLIGATIONS
"SEC. 459. Notwithstanding any other provision of law, effective 42 u s e 659.,
January 1, 1975, moneys (the entitlement to which is based upon
remuneration for employment) due from, or payable by, the United
States (including any agency or instrumentality thereof and any
38-194 O - 76 -66 Pt. 2
2358 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
wholly owned Federal corporation) to any individual, including mem-
bers of the armed services, shall be subject, in like manner and to the
same extent as if the United States were a private person, to legal
process brought for the enforcement, against such individual of his
legal obligations to provide child support or make alimony payments.
"c'lVir. AtrnONS T O P^XFORCE C H I L D S U P P O R T OBLKiATlOXS
42 use 660. "g^c. 460. The district courts of the United States shall have juris-
diction, without regard to any amount in controversy, to hear and
determine any civil action certified by the Secretary of Health, Edu-
Ante, p. 2351. catiou, and Welfare under section 452(a) (8) of this Act. A civil action
under this section may be brought in any judicial district in which the
claim arose, the plaintiff resides, or the defendant resides."
Collection of Child Support Obligations
(b) (1) Subchapter A of chapter 64 of the Internal Kevenue Code
of 1954 (relating to collection of taxes) is amended by adding at the
end thereof the following new section:
26 use 6305. "SEC. 6305. COLLECTION OF CERTAIN LIABILITY.
" ( a ) I N GENERAL.—Upon receiving a certification from the Secre-
tary of Health, Education, and Welfare, under section 452(b) of the
Social Security Act with respect to any individual, the Secretary or
his delegate shall assess and collect the amount certified by the Secre-
tary of Health, Education, and Welfare, in the same manner, with the
same powers, and (except as provided in this section) subject to the
same limitations as if such amount were a tax imposed by subtitle C
the collection of which would be jeopardized by delay, except that—
"(1) no interest or penalties shall be assessed or collected,
"(2) for such purposes, paragraphs (4), (6), and (8) of sec-
26 use 6334. ^JQJ^ 6334(a) (relating to property exempt from levy) shall not
apply,
"(3) there shall be exempt from levy so much of the salary,
wages, or other income of an individual as is being withheld there-
from in garnishment pursuant to a judgment entered by a court
of competent jurisdiction for the support of his minor children,
and
"(4) in the case of the first assessment against an individual
for delinquency under a court order against such individual for
a particular person or persons, the collection shall be stayed for a
period of 60 days immediately following notice and demand as
26 use 6303. described in section 6303.
"(b) REVIEW OF ASSESSMENTS AND COLLECTIONS.—No court of the
United States, whether established under article I or article I I I of the
titVr^ p*"^"* Constitution, shall have jurisdiction of any action, whether legal or
e(iuitable, brought to lestrain or review the assessment and collection
of amounts by the Secretary or his delegate under subsection ( a ) , nor
shall any such assessment and collection be subject to review by the
Secretary or his delegate in any proceeding. This subsection does not
preclude any legal, equitable, or administrative action against the
State by an individual in any State court or before any State agency
to determine his liability for any amount assessed against him and
collected, or to recover any such amount collected from him, under
this section.*'.
(2) The table of sections for such subchapter is amended by adding
at the end thereof the following new item:
1 '"Sec*. 6305. Collection of certain liability.".
88 STAT. ] PUBLIC LAW 93-647-JAN. 4, 1975 2359
Amendments to P a r t A of Title I V
(c) (1) Notwithstanding the provisions of section 402(a) of the ^^'J^ use 602
Social Security Act, in addition to the amounts required to be disre-
garded under clause (8) (A) of such section, there is imposed the
requirement (and the State plan shall be deemed to include the require-
ment) that for the 15 months beginning July 1, 1975, in making the
determination under clause (7), the State agency shall with respect to
any month in such year and in addition to the amounts required to be
disregarded under clause (8) ( A ) , disregard amounts payable under
section457(a) (1). ^"'«' p- 23S6.
(2) Section 402(a) (9) is amended to read as follows: 42 use 602.
"(9) provide safeguards which permit the use or disclosure of
information concerning applicants or recipients only to (A) pub-
lic officials who require such information in connection with their
official duties, or (B) other persons for purposes directly con-
nected with the administration of aid to families with dependent
children;".
(3) Section 402(a) (10) is amended by inserting immediately before
"be furnished" the following: ", subject to paragraphs (25) and
(26),".
(4) Section 402(a) (11) is amended to read as follows:
"(11) provide for prompt notice (including the transmittal of
all relevant information) to the State child support collection
agency (established pursuant to part D of this title) of the fur-
nishing of aid to families with dependent children with respect
to a child who has been deserted or abandoned by a parent (includ-
ing a child born out of wedlock without regard to whether the
paternity of such child has been established);".
(5) Section 402(a) is further amended—
(A) by striking out "and" at the end of paragraph (23);
(B) by inserting immediately before the first word in para-
graph (24) the following: "provide that"; and
(C) by striking out the period at the end of paragraph (24)
and inserting in lieu thereof a semicolon and the following:
"(25) provide (A) that, as a condition of eligibility under the
plan, each applicant for or recipient of aid shall furnish to the
State agency his social security account number (or numbers, if he
has more than one such number), and (B) that such State agency
shall utilize such account numbers, in addition to any other means
of identification it may determine to employ in the administration
of such plan;
"(26) provide that, as a condition of eligibility for aid, each
applicant or recipient will be required—
" ( A ) to assign the State any rights to support from any
other person such applicant may have (i) in his own behalf
or in behalf of any other family member for whom the appli-
cant is applying for or receiving aid, and (ii) which have ac-
crued at the time such assignment is executed,
" ( B ) to cooperate with the State (i) in establishing the
paternity of a child born out of wedlock with respect to whom
aid is claimed, and (ii) in obtaining support payments for
such applicant and for a child with respect to whom such aid
is claimed, or in obtaining any other payments or property
due such applicant or such child and that, if the relative with
whom a child is living is found to be ineligible because of
failure to comply with the requirements of subparagraphs
(A) and (B) of this paragraph, any aid for which such child
2360 PUBLIC LAW 93-647-JAN. 4, 1975 [88 STAT.
is eligible will be provided in the form of protective payments
42 use 606. as described in section 406(b)(2) (without regard to sub-
paragraphs (A) through ( E ) of such section) ; and
"(27) provide, that the States have in effect a plan approved
under part D and operate a child support program in conformity
with such plan.".
42 use 603. (g) ^j^^ Section 403 of the Social Security Act is amended by adding
at the end thereof the following new subsection:
" ( h ) Notwithstanding any other provision of this Act, the amount
payable to any State under this part for quarters in a fiscal year shall
with respect to quarters beginning after December 31,1976, be reduced
by 5 per centum of such amount if such State is found by the Secretary
as the result of the annual audit to have failed to have an effective pro-
supra. gram meeting the requirements of section 402(a) (27) in any fiscal
year beginning after September 30,1976 (but, in the case of the fiscal
year beginning October 1, 1976, only considering the second, third,
and fourth quarters thereof).".
42 u s e 604. (B) Section 404 of such Act is amended by adding at the end thereof
the following new subsections:
"(c) No State shall be found, prior to January 1,1977, to have failed
substantially to comply with the requirements of section 402(a) (27) if,
in the judgment of the Secretary, such State is making a good faith
effort to implement the program required by such section.
" ( d ) After December 31, 1976, in the case of any State which is
found to have failed substantially to comply with the requirements of
section 402(a) (27), the reduction in any amount payable to such State
required to be imposed under section 403(h) shall be imposed in lieu
of any reduction, with respect to such failure, which would otherwise
be required to be imposed under this section."
42 u s e 606. (7) Section 406 of the Social Security Act is amended by adding at
the end thereof the following new subsection:
"(f) Notwithstanding the provisions of subsection (b), the term
'aid to families with dependent children' does not mean payments
with respect to a parent (or other individual whose needs such State
determines should be considered in determining the need of the child
or relative claiming aid under the plan of such State approved under
this part) of a child who fails to cooperate with any agency or
official of the State in obtaining such support payments for such
child. Nothing in this subsection shall be construed to make an other-
wise eligible child ineligible for protective payments because of the
failure of such parent (or such other individual) to so cooperate.".
?2^u'^si'602 (^) Section 402(a), (17), (18), (21), and (22), and section 410
610. ' of such Act are repealed.
Conforming Amendments to Title X I
42 use 1306. ((J) Section 1106 of such Act is amended—
(1) by striking out the period at the end of the first sentence
of subsection (a) and inserting in lieu thereof the following:
Ante, p. 2351. "aud except as provided in part D of title I V of this Act.";
(2) by adding at the end of subsection (b) the following new
sentence: "Notwithstanding the preceding provisions of this sub-
section, requests for information made pursuant to the provisions
of part D of title I V of this Act for the purpose of using Fed-
eral records for locating parents shall be complied with and the
cost incurred in providing such information shall be paid for
as provided in such part D of title I V . " ; and
(3) by striking out subsection (c).
88 STAT.] PUBLIC LAW 93-^49-JAN. 8, 1975 2361
Authorization of Appropriations
42 u s e 651
(e) There are authorized to be appropriated to the Secretary of note.
Health, Education, and Welfare such sums as may be necessary to
plan and prepare for the implementation of the program established
by this section.
Effective Date
(f) The amendments made by this section shall become effective 42 u s e 651
note.
on July 1, 1975, except that section 459 of the Social Security Act,
as added by subsection (a) of this section shall become effective on Ante, p . 2357.
January 1,1975, and subsection (e) of this section shall become effec-
tive upon the date of enactment of this Act.
Approved January 4, 1975.
Public Law 93-648
AN ACT January 8, 1975
[H. R . 5 1 0 ]
To authorize and direct the Secretary of Agriculture to convey any interest held
by the United States in certain property in Jasper County, Georgia, to the
Jasper County Board of Education.
Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assenibled^ That the Secretary J a s p e r County
Board of E d u c a -
of Agriculture is authorized and directed to convey to the Jasper tion, Ga.
County Board of Education, Jasper County, Georgia, all right, title, Land c
ance.
and interest in and to the real property described in the quitclaim
deed made by the United States, as grantor, to the Jasper County
Board of Education, as grantee, on April 26, 1940, and recorded on
June 5, 1940, in Jasper County, Georgia, which the United States
might hold as a result of covenants contained in such quitclaim deed:
Provided^ however, That any proceeds from the sale, lease, exchange
or other use or disposition of the lands shall be used exclusively for
educational purposes by the Jasper County Board of Education.
Approved January 8, 1975.
Public Law 93-649
AN ACT January 8, 1975
[H. R . 1 2 8 6 0 ]
To amend title 10 of the United States Code in order to clarify when claims
must be presented for reimbursement of memorial service expenses in the
case of members of the armed forces whose remains are not recovered.
Be it enacted hy the Senate and House of Representatives of the
Armed F o r c e s .
United States of America in Congress assemhled, That the last sen- Memorial expen-
tence of section 1482(e) of title 10, United States Code, is amended s e s , reimburse-
by inserting immediately before "whichever is later." the following: ment.
"or the date the person who would have been designated under sub-
section (c) to direct disposition of the remains, if they had been
recovered, receives notification that the member has been reported or
determined to be dead under authority of chapter 10, title 37.". 37 u s e 551,
Approved January 8, 1975.
