Page:United States Statutes at Large Volume 90 Part 1.djvu/1265

 PUBLIC LAW 9 4 - 4 0 1 — S E P T. 7, 1976

90 STAT. 1215

Public Law 94-401 94th Congress An Act To amend title XX of the Social Security Act so as to permit greater latitude by the States in establishing criteria respecting eligibility for social services, to facilitate and encourage the implementation by States of child day care services programs conducted pursuant to such title, to promote the employment of welfare recipients in the provision of child day care services, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That (a) section 2002(a) of the Social Security Act is amended by adding at the end thereof the following new paragraph: "(14)(A) For purposes of paragraph s (5) and (6), an individual shall, at the option of the State, be deemed to be an individual described in paragraph (5)(B) if, because of the geographic area in which any particular service is provided to him, the characteristics of the community to which it is provided, the nature of the service, the conditions (other than income) of eligibility to receive it, or other factors surrounding its provision, the State may reasonably conclude, without individual determinations of eligibility, that substantially all of the persons who receive the service are members of families with a monthly gross income which is not more than 90 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. " (B) The provisions of subparagraph (A) shall not be applicable to child day care services furnished to any child other than a child of a migratory agricultural worker.". (b) Section 2000(a)(4) of such Act is amended by adding at the end thereof (after and below subparagraph (E)) the following new sentence: " I n any case in which services are provided to individuals to whom the provisions of paragraph (14) are applied, the proportion of the expenditures for such services which are attributable to individuals described in the preceding sentence may be determined on the basis of generally accepted statistical sampling procedures.". (c) Section 2002(a)(6) of such Act is amended, in the matter preceding subparagraph (A), by inserting ", family p l a n n i n g services," immediately after "referral service". (d) The amendments made by this section shall be effective on and after October 1, 1975. SEC. 2. Effective February 1, 1976, section 7(a)(3) of Public Law 93-647 is amended by striking out " February 1, 1976" and inserting in lieu thereof "October 1, 1977". SEC. 3. (a) For purposes of title X X of the Social Security Act, the amount of the limitation (imposed by section 2 0 0 2 (a)(2) of such Act) which is applicable to any State for the fiscal period beginning July 1, 1976, and ending September 30, 1976, or which is applicable to any State for the fiscal year ending September 30, 1977, shall be deemed to be equal to whichever of the following is the lesser: (1) an amount equal to— (A) 106.4 per centum of the amount of the limitation so imposed (as determined without regard to this section) in the case of such fiscal period, or

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Sept. 7, 1976 [H.R. 12455]

Social Security Act, amendments. 42 USC 1397a.

42 USC 1397a.

Effective date. 42 USC 1397a note. Effective date. 42 USC 1397 note. 42 USC 1397a note. 42 USC 1397.

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