The text of the bill below is as of Aug 7, 1974 (Passed Congress).
420 PUBLIC LAW 93-368-AUG. 7, 1974 [88 STAT. Public Law 93-368 August 7,1974 AN ACT [H. R. 8217] To exempt from duty certain equipment and repairs for vessels operated by or for any agency of the United States wliere the entries were made in con- nection with vessels arriving before January 5, 1971, and for other puri>oses. Be it enacted hy the Senate and House of Representatives of the Vessels. United States of America in Congress assembled^ That sections 3114 Foreign r e p a i r s , duty exemption. and 3115 of the Revised Statutes of the United States (19 U.S.C. 257 Unemployment and 258) shall not apply to entries made in connection with arrivals and s o c i a l s e - curity b e n e f i t s . before January 5, 1971, of vessels owned by the United States, or 19 u s e 257 bareboat chartered to the United States, and operated by or for the note. account of any department or agency of the United States. SEC. 2. On or after the date of the enactment of this Act, no depart- ment or agency of the United States shall be entitled to a refund of any duties paid before January 5,1971, by any department or agency of the United States under section 3114 of the Revised Statutes of the United States. SEC. 3. The last sentence of section 203(e) (2) of the Federal-State Extended Unemployment Compensation Act of 1970 (as added by sec- tion 20 of Public Law 93-233 and amended by section 2 of Public Law Ante, p 288. 93-256 and by section 2 of Public Law 93-329) is amended by striking out "August 1,1974" and inserting in lieu thereof "April 30,1975". SEC. 4. (a) The second sentence of section 204(b) of the Emergency 26 u s e 3304 note. Unemployment Compensation Act of 1971 is amended to read as fol- lows : "Amounts appropriated as repayable advances and paid to the States under section 203 shall be repaid, without interest, as provided 42 u s e 1105 in section 905 (d) of the Social Security Act." 42 u s e 1103 (b) Section 903(b) of the Social Security Act is amended by strik- ing out paragraph (3). 42 u s e 1383 SEC. 5. Section 1631 of the Social Security Act is amended by adding the following at the end thereof: REIMBURSEMENT TO STATES FOR I N T E R I M ASSISTANCE PAYMENTS " ( g ) ( 1 ) Notwithstanding subsection ( d ) ( 1 ) and subsection (b) as it relates to the payment of less than the correct amount of benefits, the Secretary may, upon written authorization by an individual, with- hold benefits due with respect to that individual and may pay to a State (or a political subdivision thereof if agreed to by the Secretary and the State) from the benefits withheld an amount sufficient to reim- burse the State (or political subdivision) for interim assistance furnished on behalf of the individual by the State (or political subdivision). "Benefits. " (2) For purposes of this subsection, the term 'benefits' with respect to any individual means supplemental security income benefits under 42 u s e 1382e. this title, and any State supplementary payments under section 1616 87 Stat. 155, or under section 212 of Public Law 93-66 which the Secretary makes 957. on behalf of a State (or political subdivision thereof), that the Secre- tary has determined to be due with respect to the individual at the time the Secretary makes the first payment of benefits. A cash advance made pursuant to subsection (a) (4) (A) shall not be considered as the first payment of benefits for purposes of the preceding sentence.
88 STAT. ] PUBLIC LAW 93-368-AUG. 7, 1974 421 "(3) For purposes of this subsection, the term 'interim assistance' s i "s It na tnecrei m, " a s - with respect to any individual means assistance financed from State or local funds and furnished for meeting basic needs during the period, beginning with the month in which the individual filed an application for benefits (as defined in paragraph ( 2 ) ) , for which he was eligible for such benefits. " (4) I n order for a State to receive reimbursement under the pro- Agreement., visions of paragraph (1), the State shall have in effect an agreement with the Secretary which shall provide— " ( A ) that if the Secretary makes payment to the State (or a political subdivision of the State as provided for under the agreement) in reimbursement for interim assistance (as defined in paragraph (3)) for any individual in an amount greater than the reimbursable amount authorized by paragraph (1), the State (or political subdivision) shall pay to the individual the balance of such payment in excess of the reimbursable amount as expedi- tiously as possible, but in any event within ten working days or a shorter period specified in the agreement; and " ( B ) that the State will comply with such other rules as the Secretary finds necessary to achieve efficient and effective admin- istration of this subsection and to carry out the purposes of the program established by this title, including protection of hearing rights for any individual aggrieved by action taken by the State (or political subdivision) pursuant to this subsection. " (5) The provisions of subsection (c) shall not be applicable to any disagreement concerning payment by the Secretary to a State pur- suant to the preceding provisions of this subsection nor the amount retained by the State (or political subdivision). "(6) The provisions of this subsection shall expire on June 30,1976. report Effective d a t e ; to Con- At least sixty days prior to such expiration date, the Secretary shall g r e s s , submit to Congress a report assessing the effects of actions taken pur- suant to this subsection, including the adequacy of interim assistance provided and the efficiency and effectiveness of the administration of such provisions. Such report may include such recommendations as the Secretary deems appropriate.". Supplement&i SEC. 6. (a) Section 1611 of the Social Security Act is amended— security income (1) in subsection (a) (1) ( A ) , by inserting "(or, if greater, the benefits amount determined under section 1617)" immediately after ^2 u^c i382. "$1,752"; (2) in subsection (a) (2) ( A ) , by inserting "(or, if greater, the amount determined under section 1617)" immediately after "$2,628"; (3) in subsection ( b ) ( 1 ) , by inserting "(or, if greater, the amount determined under section 1617)" immediately after "$1,752"; and (4) in subsection ( b ) ( 2 ) . by inserting "(or, if greater, the amount determined under section 1617)" immediately after "$2,628". (b) P a r t A of title X V I of such Act is further amended by adding at the end thereof the following new section:
422 PUBLIC LAW 93-368-AUG. 7, 1974 [88 STAT. COST-OF-LIVING ADJUSTMENTS IN BENEFITS 42 u s e 1382f. 42 u s e 401. "SEC. 1617. Whenever benefit amounts under title I I are increased by any percentage effective with any month as a result of determina- 42 u s e 415. tion made under section 215 (i), each of the dollar amounts in effect for such month under subsections ( a ) ( 1 ) ( A ) , ( a ) ( 2 ) ( A ) , ( b ) ( 1 ) , Ante, p. 421. (b) (2) of section 1611, and subsection (a) (1) (A) of section 211 of 87 Stat. 154, Public Law 93-66, as specified in such subsections or as previously 953. increased under this section, shall be increased by the same percentage (and rounded, when not a multiple of $1.20, to the next higher multi- ple of $1.20), effective with respect to benefits for months after such Publication in month; and such dollar amounts as so increased shall be published in Federal Register. the Federal Register together with, and at the same time as, the mate- 42 u s e 415. rial required by section 215 (i) (2) (D) to be published therein by reason of such determination." 42 use 1395x note. SEC. 7. (a) Section 15(c) (2) of Public Law 93-233 is amended by striking out "December 1, 1974" and inserting in lieu thereof "March 1, 1975", and by striking out "July 1, 1975" and inserting in lieu thereof "March 1, 1976". (b) Section 15(c) (5) of Public Law 93-233 is amended by striking out "March 1, 1975" and inserting in lieu thereof "June 1, 1975", and by striking out "October 1,1975" and inserting in lieu thereof "June 1, 1976". (c) Section 15(d) of Public Law 93-233 is amended by striking out "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" and inserting in lieu thereof "July 1, 1976". 42 use 1396b SEC. 8. Section 249B of the Social Security Amendments of 1972 note. is amended by striking out "June 30,1974" and inserting in lieu thereof "June 30, 1977". 42 use 1396a. SEC. 9. (a) Section 1902(a) (14) (B) (i) of the Social Security Act (relating to certain cost-sharing fees required to be paid by some individuals under medicaid) is amended by striking out "shall" and inserting in lieu thereof "may". Effective date. (b) The amendment made by subsection (a) shall be effective 42 u s e 1396a note. January 1, 1973. 42 u s e 411. SEC. 10. (a) Section 211 (a) (1) of the Social Security Act is amended by inserting after "material participation by the owner or tenant" each time it occurs the following: "(as determined without regard to any activities of an agent of such owner or tenant)". 26 u s e 1402. (b) Section 1402(a) (1) of the Internal Revenue Code of 1954 (relat- ing to definition of net earnings from self-employment) is amended by inserting after "material participation by the owner or tenant" each time it occurs the following: "(as determined without regard to any activities of an agent of such owner or tenant)". 42 u s e 411 (c) The amendments made by this section shall apply with respect note. to taxable years beginning after December 31, 1973. Study and in- SEC. 11. (a) The staff of the Joint Committee on Internal Revenue vestigation. 50 u s e app. Taxation shall conduct a comprehensive study and investigation of 1212 note. the operation and effect of the Renegotiation Act of 1951, as amended, 50 u s e app. 1211 note. with a view to determining whether such Act should be extended beyond December 31, 1975, and, if so, how the administration of such
88 STAT. ] PUBLIC LAW 93-370-AUG. 10, 1974 423 Act can be improved. T h e Joint Committee staff shall specifically consider whether exemption criteria and the statutory factors for determining excessive profits should be changed to make the Act fairer and more effective and more objective. The Joint Committee staff shall also consider whether the Renegotiation Board should be restructured. (b) I n conducting such study and investigation the staff of the consultation. Joint Committee on Internal Revenue Taxation shall consult with the staffs of the Renegotiation Board, the General Accounting Office, the Cost Accountmg Standards Board, and t h e Joint Economic Committee. (c) The staff of the Joint Committee on Internal Revenue Taxation gres\Tonai°co°m." shall submit the results of its study and investigation to the Com- mittees. mittee on Ways and Means of the House of Representatives and t o the Committee on Finance of the Senate on or before September 30, 1975, together with such recommendations as it deems appropriate. Approved August 7, 1974. Public Law 93-369 AN ACT August 10. 1974 To amend the provisions of the Perishable Agricultural Commodities Act, 1930, [H. R. 13264] relating to practices in the marketing of perishable agricultural commodities. Be it enacted hy the ScTiate and House of Representatives of the United States of America in Congress assembled, That subsection (5) Perishable of section 2 of the Perishable Agricultural Commodities Act, 1930, as moduris"Ac\f °'"' amended (7 U.S.C. 499b(5)), is hereby amended by striking out the i93o, amendment. semicolon at the end thereof and substituting a colon and the follow- ing : ''''Provided^ That any commission merchant, dealer, or broker who ena°t^''°"' has violated this subsection may, with the consent of the Secretary, admit the violation or violations and pay a monetary penalty not to exceed $2,000 in lieu of a formal proceeding for the suspension or revocation of license, any payment so made to be deposited into the Treasury of the United States as miscellaneous receipts;". Approved August 10, 1974. Public Law 93-370 AN ACT August 10, 1974 To amend the Act of June 13, 1933 (Public Law 73-40), concerning safety [H. R.I0309] standards for boilers and pressure vessels, and for other purposes. Be it enacted hy the Senate and House of Representatives of the United States of America in Congress assembled, That section 4433 *^°^^* Guard. of the Revised Statutes, as amended (46 U.S.C. 411) is amended as prfs°slrre%e"steis, follows I safety standards. (1) B y deleting the word "and" before the words "construction of boilers,". (2) By inserting the words ", and operation" before the words "of boilers, unfired". (3) Bjr inserting after the words "imfired pressure vessels" the words "piping, valves, fittings,". (4) By placing the word "other" before the word "appurtenances". (5) B y deleting the words "thereof, and steam piping". (6) By deleting the second sentence including the proviso. Approved August 10, 1974.