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August 28, 1958

Pub. Law 85-840
72 Stat. 1055.

(b) Section 502 (a) (2) of such Act is amended by striking out 42 USC 702. "for each fiscal year beginning after June 30, 1951, the Federal Security Administrator shall allot $8,250,000 as follows: He shall allot to each State $60,000 and shall allot to each State such part of the remainder of the $8,250,000" and inserting in lieu thereof "for each fiscal year beginning after June 30, 1958, the Secretary shall allot $10,750,000 as follows: He shall allot to each State $60,000 (even though the amount appropriated for such year is less than $21,500,000), and shall allot each State such part of the remainder of the $10,750,000".

(c) Section 502 (b) of such Act is amended by striking out "the fiscal year ending June 30, 1951, the sum of $7,500,000, and for each fiscal year beginning after June 30, 1951, the sum of $8,250,000" and inserting in lieu thereof "each fiscal year beginning after June 30, 1958, the sum of $10,750,000".

CRIPPLED CHILDREN'S SERVICES

SEC. 603. (a) Section 511 of such Act is amended by striking out 42 USC 711. "for the fiscal year ending June 30, 1951, the sum of $12,000,000, and for each fiscal year beginning after June 30, 1951, the sum of $15,000,000" and inserting in lieu thereof "for each fiscal year beginning after June 30, 1958, the sum of $20,000,000".

(b) Section 512 (a) (2) of such Act is amended by striking out 42 USC 712. "for each fiscal year beginning after June 30, 1951, the Federal Security Administrator shall allot $7,500,000 as follows: He shall allot to each State $60,000, and shall allot the remainder of the $7,500,000" and inserting in lieu thereof "for each fiscal year beginning after June 30, 1958, the Secretary shall allot $10,000,000 as follows: He shall allot to each State $60,000 (even though the amount appropriated for such year is less than $20,000,000) and shall allot the remainder of the $10,000,000".

(c) Section 512(b) of such Act is amended by striking out "the fiscal year ending June 30, 1951, the sum of $6,000,000, and for each fiscal year beginning after June 30, 1951, the sum of $7,500,000" and inserting in lieu thereof "each fiscal year beginning after June 30, 1958, the sum of $10,000,000".

TITLE VII-MISCELLANEOUS PROVISIONS

FURNISHING OF SERVICES BY DEPARTMENT OF HEALTH,
EDUCATION, AND WELFARE

SEC. 701. Section 1106 (b) of the Social Security Act is amended 42 USC 1306. to read as follows:

"(b) Requests for information, disclosure of which is authorized by regulations prescribed pursuant to subsection (a) of this section, and requests for services, may, subject to such limitations as may be prescribed by the Secretary to avoid undue interference with his functions under this Act, be complied with if the agency, person, or organization making the request agrees to pay for the information or services requested in such amount, if any (not exceeding the cost of furnishing the information or services), as may be determined by the Secretary. Payments for information or services furnished pursuant to this section shall be made in advance or by way of reimbursement, as may be requested by the Secretary, and shall be deposited in the Treasury as a special deposit to be used to reimburse the appropriations (including authorizations to make expenditures from the Federal OldAge and Survivors Insurance Trust Fund and the Federal Disability

86-535 - 72 - 25

72 Stat. 1056,

71 Stat. 520. 45 USC 228a.

42 USC 303,603, 1203, 1353.

Ante, p. 1052.

Pub. Law 85-840

August 28, 1958

Insurance Trust Fund) for the unit or units of the Department of Health, Education, and Welfare which furnished the information or services."

MEANING OF TERM "SECRETARY"

SEC. 702. As used in the provisions of the Social Security Act amended by this Act, the term "Secretary", unless the context otherwise requires, means the Secretary of Health, Education, and Welfare.

AMENDMENT PRESERVING RELATIONSHIP BETWEEN RAILROAD RETIREMENT
AND OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE

SEC. 703. Section 1 (q) of the Railroad Retirement Act of 1937, as amended, is amended by striking out "1957” and inserting in lieu thereof "1958".

ADVISORY COUNCIL ON PUBLIC ASSISTANCE

SEC. 704. (a) There is hereby established an Advisory Council on Public Assistance for the purpose of reviewing the status of the public assistance program in relation to the old-age, survivors, and disability insurance program, the fiscal capacities of the States and the Federal Government, and any other factors bearing on the amount and proportion of the Federal and State shares in the public assistance program.

(b) The Council shall be appointed by the Secretary before January 1959 without regard to the civil-service laws and shall consist of the Commissioner of Social Security, as chairman, and of twelve other persons who shall, to the extent possible, represent employers and employees in equal numbers, persons concerned with the administration or financing of the State and Federal programs, other persons with special knowledge, experience, or qualifications with respect to the program, and the public.

(c) (1) The Council is authorized to engage such technical assistance, as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Council such secretarial, clerical, and other assistance and such other pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out such functions.

(2) Members of the Council, while serving on business of the Council (inclusive of travel time), shall receive compensation at rates fixed by the Secretary, but not exceeding $50 per day; and shall be entitled to receive actual and necessary traveling expenses and per diem in lieu of subsistence while so serving away from their places of residence.

(d) The Council shall make a report of its findings and recommendations (including recommendations for changes in the provisions of sections 3, 403, 1003, and 1403 of the Social Security Act) to the Secretary and the Congress, such report to be submitted not later than January 1, 1960, after which date such Council shall cease to exist.

ADVISORY COUNCIL ON CHILD WELFARE SERVICES

SEC. 705. (a) There is hereby established an Advisory Council on Child-Welfare Services for the purpose of making recommendations and advising the Secretary of Health, Education, and Welfare in connection with the effectuation of the provisions of part 3 of title V of the Social Security Act, as amended by the Social Security Amendments of 1958.

August 28, 1958

Pub. Law 85-840

72 Stat. 1057.

(b) The Council shall be appointed by the Secretary before January 1959, without regard to the civil-service laws, and shall consist of twelve persons representative of public, voluntary, civic, religious, and professional welfare organizations and groups, or other persons with special knowledge, experience, or qualifications with respect to child-welfare services, and the public.

(c) (1) The Secretary shall make available to the Council such secretarial, clerical, and other assistance and such other pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out such functions.

(2) Members of the Council, while serving on business of the Council (inclusive of travel time), shall receive compensation at rates fixed by the Secretary, but not exceeding $50 per day; and shall be entitled to receive actual and necessary traveling expenses and per diem in lieu of subsistence while so serving away from their places of residence.

(d) The Council shall make a report of its findings and recommendations (including recommendations for changes in the provisions of part 3 of title V of the Social Security Act) to the Secretary and to Ante, p. the Congress on or before January 1, 1960, after which date such Council shall cease to exist.

Approved August 28, 1958.

1052.

Public Law 85-848
85th Congress, H. R. 11630

August 28, 1958

AN ACT

To amend title XV of the Social Security Act to extend the unemployment insurance system to ex-servicemen, and for other purposes.

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Ex-Servicemen's

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Ex-Servicemen's Unemployment Compensation Act Unemployment of 1958". Compensation Act of 1958. SEC. 2. So much of subsection (a) of section 1501 of the Social Security Act as appears before paragraph (1) thereof is amended to 68 Stat. 1130.

42 USC 1361.

ice".

read as follows: "(a) The term 'Federal service' means any service performed after "Federal serv 1952 in the employ of the United States or any instrumentality thereof which is wholly owned by the United States, except that the term does not include service (other than service to which section 1511 applies) performed—”.

SEC. 3. Title XV of the Social Security Act is amended by adding at the end thereof the following new section:

"EX-SERVICEMEN'S UNEMPLOYMENT COMPENSATION PROGRAM

"SEC. 1511. (a) The provisions of this title, except where inconsistent with the provisions of this section, apply, with respect to weeks of unemployment ending after the sixtieth day after the date of the enactment of this section, to individuals who have had Federal service as defined in subsection (b).

(b) For the purposes of this section, the term 'Federal service' means active service (including active duty for training purposes) in the Army, Navy, Air Force, Marine Corps, or Coast Guard of the United States if

"(1) such service was continuous for ninety days or more, or was terminated earlier by reason of an actual service-incurred injury or disability; and

"(2) with respect to such service, the individual (A) has been discharged or released under conditions other than dishonorable, and (B) was not given a bad conduct discharge, or, if an officer, did not resign for the good of the service.

No individual shall be treated as having Federal service within the meaning of the preceding sentence unless he has a period of such service which either begins after January 31, 1955, or terminates after the sixtieth day after the date of the enactment of this section.

72 Stat. 1087. 72 Stat. 1088.

"(c) For the purposes of this section, the term 'Federal wages' "Federal means remuneration for the periods of service covered by subsection wages". (b), computed on the basis of remuneration for the individual's pay grade at the time of his discharge or release from the latest period of such service as specified in the schedule applicable at the time of filing of his first claim for compensation for the benefit year. The Secretary shall issue, from time to time, after consultation with the Secretary of Defense, schedules specifying the remuneration for each pay grade of servicemen covered by this section, which shall reflect representative amounts for appropriate elements of such remuneration (whether in cash or in kind).

(380)

42 USC 1362, 1363.

42 USC 1364.

72 Stat. 1088. 72 Stat. 1089.

61 Stat. 748.

42 USC 1365.

66 Stat. 689.

66 Stat. 668. 38 USC ch.12A.

70 Stat. 411.

Pub. Law 85-848

August 28, 1958

(d) (1) Any Federal department or agency shall, when designated by the Secretary, make available to the appropriate State agency or to the Secretary, as the case may be, such information (including findings in the form and manner prescribed by the Secretary by regulation) as the Secretary may find practicable and necessary for the determination of an individual's entitlement to compensation by reason of this section.

"(2) Subject to correction of errors and omissions as prescribed by the Secretary by regulation, the following shall be final and conclusive for the purposes of sections 1502 (c) and 1503 (c):

"(A) Any finding by a Federal department or agency, made in accordance with paragraph (1), with respect to (i) whether an individual has met any condition specified in subsection (b), (ii) the individual's periods of Federal service as defined in subsection (b), and (iii) the individual's pay grade at the time of his discharge or release from the latest period of such Federal service.

"(B) the schedules of remuneration issued by the Secretary under subsection (c).

"(e) Notwithstanding the provisions of section 1504, all Federal service and Federal wages covered by this section, not previously assigned, shall be assigned to the State, or Puerto Rico or the Virgin Islands, as the case may be, in which the claimant first files his claim for unemployment compensation after his most recent discharge or release from such Federal service. This assignment shall constitute an assignment under section 1504 for all purposes of this title.

"(f) Payments made under section 4 (c) of the Armed Forces Leave Act of 1946 (37 U. S. C. 33 (c)) at the termination of Federal service covered by this section shall be treated for determining periods of Federal service as payments of annual leave to which section 1505 applies.

(g) An individual who is eligible to receive a mustering-out payment under title V of the Veterans' Readjustment Assistance Act of 1952 (38 U. S. C. 1011 et seq.) shall not be eligible to receive compensation under this title with respect to weeks of unemployment completed within thirty days after his discharge or release if he receives $100 in such mustering-out payments; within sixty days after his discharge or release if he receives $200 in such mustering-out payment; or within ninety days after his discharge or release if he receives $300 in such mustering-out payment.

"(h) No payment shall be made by reason of this section to an individual for any period with respect to which he receives an education and training allowance under subsection (a), (b), (c), or (d) of section 232 of the Veterans' Readjustment Assistance Act of 1952 (38 U. S. C. 942), a subsistence allowance under part VII or part VIII of Veterans Regulation Numbered 1 (a), as amended, or an educational assistance allowance under the War Orphans' Educational Assistance Act of 1956 (38 U. S. C. 1031 et seq.).

"(i) Any individual

"(1) who meets the wage and employment requirements for compensation under the law of the State to which his Federal service and Federal wages as defined in this section have been assigned (or, in the case of Puerto Rico or the Virgin Islands, the law of the District of Columbia) but would not meet such requirements except by the use of such Federal service and Federal wages, or

"(2) whose weekly benefit amount computed according to the law of such State (or the law of the District of Columbia, as the case may be) is increased by the use of such Federal service and Federal wages,

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