An Act to amend title IV of the Social Security Act to authorize Federal financial participation in aid to dependent children of unemployed parents, and for other purposes
PL 87-31 (H.R.4884), enacted 05/08/1961

75 S T A T . ] 
PUBLIC LAW 87-31-MAY 8, 1961 
75 
found by the court to be due to employees under this Act (except sums 
which employees are barred from recovering, at the time of the com-
mencement of the action to restrain the violations, by virtue of the 
provisions of section 6 of the Portal-to-Portal Act of 1947)." 
STUDY OF AGRICULTUKAL HANDLING AND PROCESSING EXEMPTIONS AND 
RATES OF PAY IN HOTELS, MOTELS, RESTAURANTS, AND OTHER FOOD 
SERVICE ENTERPRISES 
SEC. 13. The Secretary of Labor shall study the complicated sys-
tem of exemptions now available for the handling and processing 
of agricultural products under such Act and particularly sections 
7(b) (3), 7(c), and 13(a) (10), and the complex problems involving 
rates of pay of employees in hotels, motels, restaurants, and other 
food service enterprises who are exempted from the provisions of 
this Act, and shall submit to the second session of the Eighty-seventh 
Congress at the time of his report under section 4(d) of such Act 
a special report containing the results of such study and informa-
tion, data and recommendations for further legislation designed to 
simplify and remove the inequities in the application of such exemp-
tions. 
EFFECTIVE DATE 
SEC. 14. The amendments made by this Act shall take effect upon 
the expiration of one hundred and twenty days after the date of its 
enactment, except as otherwise provided in such amendments and 
except that the authority to promulgate necessary rules, regulations, 
or orders with regard to amendments made by this Act, under the 
Fair Labor Standards Act of 1938 and amendments thereto, including 
amendments made by this Act, may be exercised by the Secretary on 
and after the date of enactment of this Act. 
Approved May 5, 1961. 
61 Stat. 87. 
29 use 255. 
Report to Con-
gress, 
63 Stat. 912. 
Ante, p. 71. 
29 u s e 207, 213. 
52 Stat. 1062. 
29 use 204, 
52 Stat. 1060, 
29 use 201. 
Public Law 87-31 
AN ACT 
May 8, 1961 
To amend title IV of the Social Security Act to authorize Federal 
financial 
[H. R. 4884] 
participation in aid to dependent children of unemployed parents, and for 
other purposes. 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Ameriea in Congress assembled. That title IV of 
ff5'f„^I''"'"?" 
„ . _ , 
•'. 
.
. 
I l l 
IT 
1 
T i 
(»i 
Aid t o depend-
the Social Security Act is amended by adding at the end thereof the ent children. 
following new section: 
42 us^c 60I-6O6. 
u 
D E P E N D E N T C H I L D R E N OF UNEMPLOYED PARENTS 
"SEC. 407. Effective for the period beginning May 1, 1961, and 
ending with the close of June 30,1962, the term 'dependent child' shall, 
notwithstanding section 406(a), include a needy child under the age 
of eighteen who has been deprived of parental support or care by 
reason of the unemployment (as defined by the State) of a parent 
and who is living with any of the relatives specified in section 406(a) 
in a place of residence maintained by one or more of such relatives 
as his (or their) own home, but only with respect to a State whose 
State plan approved under section 402— 
42 use 606. 
42 use 602. 
T6 
PUBLIC LAW 87-31-MAY 8, 1961 
[75 ST AT 
"(2) i] 
includes aid for any such child, and 
includes— 
"(A) provision for entering into cooperative arrangements 
with the system of public employment offices in the State 
looking toward employment of the unemployed parents of 
such children, including appropriate provision for registra-
tion and periodic reregistration of the unemployed parent of 
any such child and for maximum utilization of the job place-
ment services and other services and facilities of such offices, 
and 
" (B) provisions to assure that aid to dependent children is 
not provided to any such child or relative if, and for as long 
as, the unemployed parent refuses without good cause to 
accept employment, in which he is able to engage, which (i) 
is offered through such public employment offices, or (ii) 
is otherwise offered by an employer if the offer is determined 
by the State or local agency administering the State plan, 
after notification by such employer, to be a oona fide offer of 
such employment, and 
"(3) includes provision for entering into cooperative arrange-
ments with the State agency responsible for administering or 
supervising the administration of vocational education in the 
State, looking toward maximum utilization of available public 
vocational education services and facilities in the State in order 
to encourage the retraining of individuals capable of being 
retrained. 
For purposes of the preceding sentence, a State plan may, at the option 
of the State, provide for the denial of all (or any part) of the aid 
under the plan to which any child or relative might otherwise be 
entitled for any month, if the unemployed parent of such child receives 
unemployment compensation under an unemploj'ment compensation 
law of a State or of the United States for any week any part of which 
is included in such month." 
SEC. 2. Title IV of the Social Security Act is further amended by 
adding after section 407 (added by the first section of this Act) the 
following new section: 
"FEDERAL PAYMENTS FOR FOSTER HOME CARE OF DEPENDENT CHILDREN 
"SEC. 408. Effective for the period beginning May 1, 1961, and 
ending with the close of June 30,1962— 
"(a) the term 'dependent child' shall, notwithstanding section 
42 use 606. 
406(a), also include a child (1) who would meet the require-
ments of such section 406(a) or of section 407' except for his 
removal after April 30,1961, from the home of a relative (speci-
fied in such section 406 (a)) as a result of a judicial determination 
to the effect that continuation therein would be contrary to the 
welfare of such child, (2) for whose placement and care the 
State or local agency administering the State plan approved 
42 use 602. 
under section 402 is responsible, (3) who has been placed in a 
foster family home as a result of such determination, and (4) 
who received aid under such State plan in or for the month in 
which court proceedings leading to such determination were 
initiated; 
" (b) the term 'aid to dependent children' shall, notwithstanding 
section 406(b), include also foster care in behalf of a child 
described in paragraph (a) of this section in the foster family 
home of any individual; 
75 S T A T . ] 
PUBLIC LAW 87.31-MAY 8, 1961 
77 
"(c) the number of individuals counted under clause (A) of 
section 403(a) (1) for any month shall include individuals (not 
42 use 603. 
otherwise included under such clause) with respect to whom 
expenditures were made in such month as aid to dependent chil-
dren in the form of foster care; and 
"(d) services described in paragraph (f)(2) of this section 
shall be considered as part or the administration of the State 
plan for purposes of section 403(a) (3) ; 
but only with respect to a State whose State plan approved under 
section 402— 
"(e) includes aid for any child described in paragraph (a) of 
this section, and 
"(f) includes provision for (1) development of apian for each 
such child (including periodic review of the necessity for the 
child's being in a foster family home) to assure that he receives 
proper care and that services are provided which are designed 
to improve the conditions in the home from which he was removed 
or to otherwise make possible his being placed in the home of a 
relative specified in section 406(a), and (2) use by the State or 
local agency administering the State plan, to the maximum extent 
practica;ble, in placing such a child in a foster family home, of 
the services of employees, of the State public-welfare agency 
referred to in section 522(a) (relating to allotments to States 
42u^c72"" 
for child welfare services under part 3 of title V) or of any 
local agency participating in the administration of the plan 
referred to in such section, who perform functions in the admin-
istration of such plan. 
For purposes of this section, the term 'foster family home' means a 
foster family home for children which is licensed by the State in 
which it is situated or has been approved, by the agency of such 
State responsible for licensing homes of this type, as meeting the 
standards established for such licensing." 
SEC. 3. (a) Subsection (a) of section 705 of the Social Security 
Act is amended by striking out "four succeeding fiscal years" and 
7o stau SM. 
inserting in lieu thereof "five succeeding fiscal years". 
(b) Effective with respect to payments from allotments from 
appropriations made for fiscal years beginning after June 30, 1961, 
subsection (c) of such section is amended by striking out "80 per 
centum of the total of its expenditures in carrying out the purposes 
of this section" and inserting in lieu thereof "its costs of carrying out 
the purposes of this section'. 
SEC. 4. Section 404 of the Social Security Act is amended by insert- 
'•2 use 604. 
ing " ( a ) " after "404." and by adding at the end thereof the following 
new subsection: 
" (b) No payment to which a State is otherwise entitled under this 
title for any period before September 1, 1962, shall be withheld by 
reason of any action taken pursuant to a State statute which requires 
that aid be denied under the State plan approved under this title 
with respect to a child because of the conditions in the home in which 
the child resides." 
SEC. 5. (a) Subparagraph (C) of section 3(a)(1) of the Social 
Security Act is amended by striking out "$77" and "$12" and inserting 
74 stat. 990. 
in lieu thereof "$80" and "$15", respectively. 
"^^ ^°^-
(b) Subparagraph (B) of section 3(a) (2) of such Act is amended 
by striking out "$41" and "$6" and inserting in lieu thereof "$42.50" 
and "$7.50", respectively. 
(c) The amendments made by subsections (a) and (b) shall apply 
in the case of expenditures made after June 30, 1961, under a State 
plan approved under title I of the Social Security Act. 
42usc'30i°306 
78 
PUBLIC LAW 87-32-MAY 15, 1961 
[75 STAT. 
SEC. 6. (a) The phrase "shall not exceed $9,000,000" in section 1108 
42 usi:' ?
3
^
o
^
8
. 
of t^® Social Security Act is— 
(1) effective only for the fiscal year ending June 30, 1961, 
amended to read "shall not exceed $9,075,000"; 
(2) effective only for the fiscal year ending June 30, 1962, 
amended to read "shall not exceed $9,425,000"; 
(3) effective for fiscal years ending after June 30, 1962, 
amended to read "shall not exceed $9,125,000". 
(b) Effective for fiscal years ending after June 30,1961, such section 
1108 is further amended by striking out "$500,000", "$315,000", 
"$15,000", "$420,000", and "$20,000" and inserting in lieu thereof 
"$625,000", "$318,750", "$18,750", "$425,000", and "$25,000", respec-
tively. 
42 use uoi. 
^^^- J' Section 901 (c) (1) (B) of the Social Security Act is amended 
by adding at the end thereof the following sentence: 
"The term 'necessary expenses' as used in this subparagraph (B) 
shall include the expense of reimbursing a State for salaries and 
other expenses of employees of such State temporarily assigned or 
detailed to duty with the Department of Labor and of paying such 
employees for travel expenses, transportation of household goods, 
and per diem in lieu of subsistence while away from their regular 
duty stations in the State, at rates authorized by law for civilian 
employees of the Federal Government." 
Approved May 8, 1961. 
Public Law 87-32 
May 15, 1961 
^^ 
^^"^ 
[H. R. 1723] 
rpy amend the joint resolution providing for observance of the one liimdred and 
seventy-fifth anniversary of the Constitution. 
U.S. Constitu-
t i o n anniversary, 
74 
1027. 
Be it emicted hy the Senate and House of Representatives 
of the 
_ 
United States of America in Congress assembled, That section 5 of the 
report on arrange- joint resolutiou of July 14, 1960, entitled "Joint resolution providing 
ments, extension, 
j ^ ^ . ^j^^ preparation and completion of plans for a comprehensive 
observance of the one hundred and seventy-fifth anniversary of the 
formation of the Constitution of the United States" (Public Law 
Stat. 5 0 8, 86-650, as amended by Public Law 86-788) is amended by striking 
out "January 3, 1961" and inserting in lieu thereof "Jime 28, 1961". 
Approved May 15, 1961. 
Public Law 87-33 
May 16, 1961 
AN ACT 
[s. 1372] 
rjiQ authorize the temporary release and reapportionment of pooled acreage 
allotments. 
Be it enacted by the Senate and House of Representatives 
of the 
plo\edf*^creage United Sttttcs of America in Congress assembled, That section 378(a) 
^"72*8^^*.^ 995; 74 ^^ ^^^ Agricultural Adjustment Act of 1938, as amended, is amended 
Stat. 41." 
' 
by striking out the last sentence and inserting in lieu thereof the 
use 1378. 
following: "During any year of the 3-year period the allotment from 
a farm may remain in the allotment pool, the displaced owner may, 
in accordance with regulations of the Secretary, release for one year 
at a time any part or all of such farm allotment to the county com-
mittee for reapportionment to other farms in the county having allot-
ments for such commodity on the basis of the past acreage of the 
commodity, land, labor, equipment available for the production of