Page:United States Statutes at Large Volume 87.djvu/991

 87 STAT. ]

PUBLIC LAW 93-233-DEC. 31, 1973

959

approved undei- title L X, X IV, or X VI of the Social Security Act of the State in which such project is conducted (as such State ^^^^ ^^^^- ^'*^'*' plan was in effect for,)uly 1973), 42 USC 301, the Secretary may waive such requirements of title X VI of such Act 1201, 1351, issi. (as enacted by section 301 of the Social Security Amendments of 1972) to such extent as he determines to be necessary to the successful se Stat. i465. '

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42 USC 1381 and

operation 01 such project. note. (c) I n the case of any State which has entered into an agreement with the Secretary under section 1616 of the Social Security Act (or Ante, p. 157. which is deemed, under section 212(d) of Public Law 93-66, to have entered into such an agreement), then, of the costs of any project of such State with respect to which there is (solely by reason of the provisions of subsection (a)) Federal financial participation, the nonFederal share thereof shall— (1)' be paid, from time to time, to such State by the Secretary, and (2) shall, for purposes of section 1616(d) of the Social Security Act and section 401 of the Social Security Amendments of 1972, ^^gg^'^'- ^'*^'*' be treated in like manner as if such non-Federal share were sup- 42 USC i382e, plementary payments made by the Secretary on behalf of such i382enote. State pursuant to such agreement. St)CIAL SERVICES REGULATIONS

POSTrOXEl)

SEC. 12. (a) Subject to subsection (b), no regulation and iio modification of any regulation, promulgated by the Secretary of Health, Education, and Welfare (hereinafter referred to as the "Secretary") after January 1, 1973, shall be effective for any period which begins prior to January 1, 1975, if (and insofar as) such regulation or modification of a regulation pertains (directly or indirectly) to the provisions of law contained in sections 3(a)(4)(A), 402(a) (19)(G). 4 0 3 (a)(3)(A), 6 0 3 (a)(1)(A), 1 0 0 3 (a)(3)(A), 1 4 0 3 (a)(3)(A), or 1603(a)(4)(A), of the Social Security Act. 42 USC 303,602. (b)(1) The provisions of subsection (a) shall not be applicable to 1353 1383. ' any regulation relating to "scope of programs", if such regulation is identical (except as provided in the succeeding sentence) to the provisions of section 221.0 of the regulations (relating to social services) proposed by the Secretary and published in the Federal Register on May 1, 1973. There shall be deleted from the first sentence of subsection (b) of such section 221.0 the phrase "meets all the applicable 45 CFR 221.0. requirements of this pait and". (2) The provisions of subsection (a) shall not be applicable to any regulation relating to "limitations on total amount of Federal funds payable to States for services", if such regulation is identical (except as provided in the succeeding sentence) to the provisions of section 221.55 of the regulations so proposed and published on May 1, 1973. 45 e F R 221.5,5. There shall be deleted from subsection (d)(1) of such section 221.55 the phrase "(as defined under day care services for children)"; and, in lieu of the sentence contained in subsection (d)(5) of such section 221.55, there shall be inserted the following: "Services provided to a child who is under foster care in a foster family home (as defined in section 408 of the Social Security Act) or in a childcare institution gi^stat^sso^'s 892. (as defined in such section), or while awaiting placement in such a 42 USC eo's. home or institution, but only if such services are needed by such child because he is under foster care.". (3) The provisions of subsection (a) shall not be applicable to any regulation relating to "rates and amounts of Federal financial participation for Puerto Eico, the Virgin Islands, and Guam", if such regulation is identical to the provisions of section 221.56 of the regulations so proposed and published on May 1, 1973. 45 eFR 221.56.

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