93rd Congress

Section 1(a) amends 5 U.S.C. 8101(1) by adding a new paragraph (F) that expands the definition of a Federal “employee” to include an individual selected pursuant to 28 U.S.C., Chapter 121, and serving as a petit or grand juror and who is an employee as defined by paragraphs (A), (B), (C), (D), and (E) of this subsection.
Section 1(b) amends 5 U.S.C. 8101(2) by expanding the definition of “physician” to include surgeons, podiatrists, dentists, clinical psychologists, optometrists, chiropractors, and osteopathic practitioners within the scope of their practice as defined by State law. The term “physician” includes chiropractors only to the extent that their reimbursable services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist and subject to regulation by the Secretary of Labor.
Section 1(c) amends 5 U.S.C. 8101(3) by expanding the definition of “medical, surgical, and hospital services and supplies” to include services and supplies by podiatrists, dentists, clinical psychologists, optometrists, chiropractors, osteopathic practitioners and hospitals within the scope of their practice as defined by State law. Reimbursable chiropractic services are limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist, and subject to regulation by the Secretary of Labor.
Section 1(d) amends 5 U.S.C. 8101(5) by expanding the definition of “injury” to include damage to or destruction of medical braces, artificial limbs, and other prosthetic devices which shall be replaced or repaired, and such time lost while such device or appliance is being replaced or repaired; except that eyeglasses and hearing aids would not be replaced, repaired, or otherwise compensated for, unless the damages or destruction is incident to a personal injury requiring medical services.
Section 1(e) amends 5 U.S.C. 8101(11) by further defining the term “widower” to mean the husband living with or dependent for support on the decedent at the time of her death, or living apart for reasonable cause or because of her desertion.
Section 1(f) amends 5 U.S.C. Section 8101 by adding the following paragraphs: (19) “organ” means a part of the body that performs a special function, and for purposes of this subchapter excludes the brain, heart, and back; and (20) “U.S. medical officers and hospitals” includes medical officers and hospitals of the Army, Navy, Air Force, VA, and U.S. Public Health Service, and any other medical officer or hospital designated as a U.S. medical officer or hospital by the Secretary of Labor.
Section 2 amends 5 U.S.C. 8103 (a) (3) by giving Federal employees an option to select a physician to provide, medical services, appliances, and supplies, and may be furnished necessary and reasonable transportation and expenses incident to the securing of such services, appliances, and supplies. These expenses shall be paid from the Employees’ Compensation Fund.
Section 3 amends 5 U.S.C. 8104 which provides that individuals directed to undergo vocational rehabilitation by the Secretary of Labor shall, while undergoing such rehabilitation, receive basic compensation and augmented compensation for dependents, less the amount of any earnings received from remunerative employment, other than employment undertaken pursuant to such rehabilitation.
Section 4 amends 5 U.S.C. 8107(a) which includes the "loss of use" of a member or function of the body as a permanent disability entitling the employee to basic compensation for the disability.
Section 5 amends 5 U.S.C. 8107 (c) by adding to the compensation schedule for permanent loss or loss of use of any important external or internal organ of the body as determined, proper and equitable compensation not to exceed 312 weeks compensation for each organ so determined in addition to any other compensation payable under this schedule.
Section 6 amends 5 U.S.C. 8110(a)(2) to include a "husband" as a dependent if: (1) he is a member of the same household as the employee; (2) he is receiving regular contributions from the employee for his support; or (3) the employee has been ordered by a court to contribute to his support.
Section 7 amends 5 U.S.C. 8111(a) (b) which increases the following amounts of additional compensation the Secretary of Labor may pay an employee: $500 a month for the service of an attendant and $200 for vocational rehabilitation.
Section 9 amends 5 U.S.C. 8116(a) to state while an employee is receiving compensation, or has been paid a lump sum in exchange of installment payments until the expiration of the period during which the installment payments would have continued, may not receive salary, pay, or remuneration of any type from the U. S., except in return for service actually performed; pension for service in the Army, Navy, or Air Force; other benefits administered by the VA unless such benefits are payable for the same injury or the same death; and retired pay, retirement pay, retainer pay, or equivalent pay for service in the Armed Forces or other uniformed services.
Section 10 amends 5 U.S.C. 8117 to state that an employee is not entitled to compensation for the first three days of temporary disability except when the disability exceeds 14 days.
Section 11 amends 5 U.S.C. 8118 to provide for the continuation of an employee's pay and the election to use annual or sick leave to his or her credit at the time a disability begins, but compensation for disability did not begin.
Section 12 amends 5 U.S.C. 8119 which states that notice of a death believed to be employment related shall be given by an eligible beneficiary or someone on the employee’s behalf to the immediate supervisor of the employee. Requires a notice of injury or death to be given within 30 days after the injury or death.
Section 14 amends 5 U.S.C. 8122 to state that a disability or death claim must be filed within three years after the injury or death of an employee. Exclusion to this time frame is allowed only when the immediate supervisor had actual knowledge of the injury or death within 30 days of said injury or death; or written notice of injury or death was given within 30 days.
Section 15 amends 5 U.S.C. 8132 to provide if an injury or death for which compensation is payable and is caused under circumstances creating legal liability in a person other than the U.S. to pay damages, and a beneficiary entitled to compensation from the U.S. from that injury or death receives money or other property in satisfaction of that liability as the result of suit or settlement by the person or in his or her behalf, the beneficiary, after deducting the costs of suit and a reasonable attorney’s fee, shall refund to the U.S. the amount of compensation paid by the U.S. and credit any surplus on future payments of compensation payable to him or her for the same injury. No court, insurer, attorney, or other person shall pay or distribute to the beneficiary or the designee the proceeds of a suit or settlement without first satisfying or assuring satisfaction of the interest of the U.S.
Section 16 amends 5 U.S.C. 8133 (a) (b) which makes adjustments in the rates of compensation payable to the beneficiaries of a deceased employee.
Section 18 amends 5 U.S.C. 8133 (added) to declare that, notwithstanding any funeral and burial expenses paid, there shall be paid a sum of $200 to the personal representative of a deceased employee for reimbursement of the costs of termination of the decedent's status as an employee of the U.S.
Section 19 amends 5 U.S.C. 8135 (a) (1) to state that the liability of the United States for compensation to a beneficiary in the case of death or of permanent-total or permanent- partial disability may be discharged by a lump-sum payment equal to the present value of all future payments of compensation computed at 4 % true discount compounded annually if the monthly payment to the beneficiary is less than $50 a month.
Section 21 amends 5 U.S.C. 8146a to state that the regular periodic compensation payments after adjustment under this section shall be fixed at the nearest dollar. However, the regular periodic compensation after adjustment shall reflect an increase of at least $1.
Section 22 amends 5 U.S.C. 8142 (c) (2) to state that in the event the individual resumes employment with the Federal Government, the entire time during which the employee was receiving compensation under this chapter shall be credited to the employee for the purposes of within grade step increases, annuity computation under the civil service retirement provisions, retention purposes, and other rights and benefits based upon length of service.

Restructures the Railroad Retirement System into a two-tier benefit system closely coordinated with Social Security; provides for offset of railroad retirement benefits by the amount of any Social Security benefits payable (except in limited cases); and requires SSA to certify to the Railroad Retirement Board for payment the amount of Social Security benefits to workers with 10 or more years of railroad service.

Section 4 provides that funds to support an individual in a nonprofit retirement home not be considered income for purposes of reducing SSI payments when the cost of such maintenance was paid by a nonprofit organization. Effective 1/1/74.

Section 5 requires a study of the desirability and feasibility of instituting a system of combined Social Security-income tax reporting on an annual basis, such study to be submitted to the House Committee on Ways and Means and the Senate Committee on Finance.

Requires each Federal Agency to make available to the public, information on its organization, functions, procedures, final opinions, and statements of policy and to publish a uniform schedule of fees for providing documents. Among the important changes in the 1974 amendments are provisions which authorize a court to find that an agency employee acted capriciously or arbitrarily in withholding information and which empower the Federal district courts to order agencies to produce improperly withheld documents. Other changes provide for a 10-day limit in which to respond to a request for a working document and a requirement that each Federal Agency shall publish and distribute indexes providing information on matters required to be open to the public.

Section 2 states that it is the purpose of this Act to enable Federal-State arrangements under which local governments and private nonprofit organizations may more effectively and efficiently combine State and Federal resources in support of projects of common interest to the governments and organizations concerned.
Section 3 allows the heads of Federal agencies to take action, by internal agency order or interagency agreement, including: (1) identification of related programs appropriate for providing joint support for specific projects; (2) development and promulgation of guidelines, model or illustrative projects, joint or common application forms, and other material or guidance to assist in the planning and development of projects drawing support from different programs; (3) review of administratively established program requirements in order to determine which of those requirements may impede joint support of projects and the extent to which such requirements may be modified, making such modifications where appropriate; (4) establishment of common technical or administrative rules with respect to related programs to assist in the joint use of funds in the support of specific projects or classes or projects under such programs; and (5) creation of joint or common application processing and project supervision procedures or mechanisms including procedures for designating lead agencies to assume responsibilities for processing applications on behalf of several agencies and for designation of managing agencies to assume responsibilities for project supervision on behalf of several agencies.
Section 4 requires that application processing assures: (1) that reviews and approvals are handled expeditiously; (2) that full account is taken of any special considerations of timing that are made known by the applicant that would affect the feasibility of a jointly-funded project; (3) a minimum number of Federal representatives are involved; (4) that applicants are promptly informed of decisions; and (5) that the applicant need not get information for one agency about another that would best be handled by interagency communications.
Section 5 allows the agencies to establish uniform technical or administrative requirements with respect to accounting, auditing, timing of Federal payments, forms of assistance, and accountability for property.
Section 6 permits a review by one board for all agencies rather than one per agency.
Section 7 allows agencies to delegate powers to other agencies in order to better carry out this Act.
Section 8 provides for the establishment of joint management funds for these projects.
Section 13 states this Act shall become effective 60 days following the date of enactment, and shall expire five years following the date upon which it becomes effective; except that the expiration of this Act shall not affect the status of any project approved prior to the date of such expiration.

Title II makes appropriations for FY 1975 for the Social Security Administration payments for the Trust Funds, special benefits for disabled coal miners, SSI and LAE.

PL 93-570 (12/31/74 - 2/28/75) (enacted 12/31/74)
Making continuing appropriations for FY 1975 at FY 1974 levels until enactment of permanent FY 1975 appropriations.

Amends 5 U.S.C. Section 552 to prohibit disclosure by Federal agencies of any record contained in a system of records, except pursuant to a written request by or with the prior written consent of the individual to whom the record pertains. Makes exceptions to this prohibition for use of such records by the individual involved, the Congress, the courts, officers of the agency maintaining the record, the Bureau of the Census, and for criminal and civil law enforcement purposes.

Allows subjects of records to have access and copying rights to such records. Establishes a procedure for amendment of such records, and of judicial appeal of agency refusal to amend.

Sets forth criminal penalties for noncompliance with this Act.

Provides for exemptions from this Act, such as for specified records of the Central Intelligence Agency and records of investigations compiled for law enforcement purposes.

Makes it unlawful for Federal, State, or local agencies to deny legal rights, benefits, or privileges to individuals because of such individuals' refusal to disclose their Social Security account number.

Provides for establishment of a parent locator service in HEW to obtain and transmit information on the whereabouts of deserting parents to enforce their support obligations. The act also includes a provision which permits the garnishment of Social Security benefits to secure child support and alimony payments.