42 U.S.C. § 1320b : US Code - Section 1320B: Repealed. Pub. L. 93-647, Sec. 3(e)(1), Jan. 4, 1975, 88 Stat. 2349

Search 42 U.S.C. § 1320b : US Code - Section 1320B: Repealed. Pub. L. 93-647, Sec. 3(e)(1), Jan. 4, 1975, 88 Stat. 2349

Section, act Aug. 14, 1935, ch. 531, title XI, Sec. 1130, as
added Oct. 20, 1972, Pub. L. 92-512, title III, Sec. 301(a), 86
Stat. 945; amended July 9, 1973, Pub. L. 93-66, title II, Sec. 221,
87 Stat. 159; Dec. 31, 1973, Pub. L. 93-233, Sec. 18(j), 87 Stat.
970, set out limitations on funds for certain social services.
EFFECTIVE DATE OF REPEAL
Repeal effective with respect to payments under sections 603 and
803 of this title for quarters commencing after Sept. 30, 1975, see
section 7(b) of Pub. L. 93-647, set out as an Effective Date of
1975 Amendment note under section 303 of this title.
SOCIAL SERVICES REGULATIONS POSTPONED
Pub. L. 93-233, Sec. 12, Dec. 31, 1973, 87 Stat. 959, as amended
by Pub. L. 93-647, Sec. 3(g), Jan. 4, 1975, 88 Stat. 2349, provided
that:
"(a) Subject to subsection (b), no regulation and no modification
of any regulation, promulgated by the Secretary of Health,
Education, and Welfare [now Health and Human Services] (hereinafter
referred to as the 'Secretary') after January 1, 1973, shall be
effective for any period which begins prior to October 1, 1975, if
(and insofar as) such regulation or modification of a regulation
pertains (directly or indirectly) to the provisions of law
contained in section 3(a)(4)(A), 402(a)(19)(G), 403(a)(3)(A),
603(a)(1)(A), 1003(a)(3)(A), 1403(a)(3)(A), or 1603(a)(4)(A) of the
Social Security Act [section 303(a)(4)(A), 602(a)(19)(G),
603(a)(3)(A), 803(a)(1)(A), 1203(a)(3)(A), 1353(a)(3)(A), or
1383(a)(4)(A) of this title].
"(b)(1) The provisions of subsection (a) shall not be applicable
to 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 requirements of this
part 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. 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 [section 608 of this title]) or in a
childcare institution (as defined in such section [section 608 of
this title]), or while awaiting placement in such a 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 Rico, 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.
"(4) The provisions of subsection (a) shall not be construed to
preclude the Secretary from making any modification in any
regulation (described in subsection (a)) if such modification is
technically necessary to take account of the enactment of section
301 or 302 of the Social Security Amendments of 1972 [enacting
subchapters XVI and VI of this chapter].
"(c) Notwithstanding the provisions of section 553(d) of title 5,
United States Code, any regulation described in subsection (b) may
become effective upon the date of its publication in the Federal
Register."
Similar provisions were contained in the following prior act:
Pub. L. 93-66, title II, Sec. 220, July 9, 1973, 87 Stat. 158.
MODIFICATION OF SOCIAL SERVICES REGULATIONS
Section 3(g) of Pub. L. 93-647 provided in part that:
"Notwithstanding the provisions of section 12(a) of Public Law 93-
233 [set out as a note above], 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."
ADJUSTMENT OF ALLOTMENT TO STATE FOR FISCAL YEAR ENDING JUNE 30,
1973
Pub. L. 92-603, title IV, Sec. 403, Oct. 30, 1972, 86 Stat. 1487,
provided for the computation of the allotment of each state for the
fiscal year ending June 30, 1973.