A bill to amend the act of March 16, 1926 (relating to the Board of Public Welfare in the District of Columbia), to provide for an improved system of adoption of children in the District of Columbia, and for other purposes.
PL 93-241 (H.R.11238), enacted 01/02/1974

87 STAT.] 
PUBLIC L
A
W 93-241-JAN. 2, 1974 
1057 
SEC. 604. None of the funds contained in this Act shall be used to 
furnish petroleum fuels produced in the continental United States to 
Southeast Asia for use by non-United States nationals. 
TITLE VII—EEGIONAL RAIL REORGANIZATION ACT 
OF 1973 
DEPARTMENT or TRANSPORTATION 
OFFICE OF THE SECRETARY 
Interim Operating Assistance 
For necessary expenses for Interim Operating Assistance under 
the Regional Rail Reorganization Act of 1973, $35,000,000, to remain 
available imtil expended and to be derived by transfer from the 
Urban Mass Transportation Fund: Provided, That this appropriation 
shall become effective only upon enactment into law by the 93d Con-
gress of H.R. 9142 or similar legislation. 
Salaries and Expenses 
For an additional amount for "salaries and expenses," $3,000,000, 
to remain available until expended and to be derived by transfer from 
the appropriation for transportation, planning, research and develop-
ment. Office of the Secretary: Provided, That this appropriation shall 
become effective only upon enactment into law by the 93d Congress 
of H.R. 9142 or similar legislation. 
UNITED STATES RAILWAY ASSOCIATION 
Ante, p. 985. 
ADMINISTRATIVE EXPENSES 
For necessary administrative expenses to enable the United States 
Railway Association to carry out its functions under the Re^onal 
Rail Reorganization Act of 1973, $6,000,000, to remain available 
until expended and to be derived by transfer from the appropriations 
for railroad research and high-speed ground transportation research 
and development. Federal Railroad Administration: Provided, That 
this appropriation shall become effective only upon enactment into 
law by the 93d Congress of H.R. 9142 or similar le^slation. 
This Act may be cited as the "Foreign Assistance and Related 
Programs Appropriation Act, 1974". 
Approved January 2, 1974. 
Short title. 
Public Law 93-241 
AN ACT 
To amend the Act of March 16, 1926 (relating to the Board of Public Welfare in 
the District of Columbia), to provide for an improved system of adoption of 
children in the District of Columbia, and for other purposes. 
Be it enacted hy the Senate and House of Representatives of 
the United States of America in Congress assembled, That (a)(1) sec-
tion 11 of the Act entitled "An Act to establish a Board of Public 
Welfare in and for the District of Columbia, to determine its func-
tions, and for other purposes", approved March 16, 1926 (D.C. Code, 
sec. 3-114), is amended to read as follows: 
January 2, 1974 
[H. R.11238; 
D.C. Board of 
Public Welfare. 
Adoption of 
children. 
44 Stat. 210. 
22-150 O - 75 
1058 
PUBLIC LAW 93-241-JAN. 2, 1974 
[87 STAT. 
"SEC. 11. The Commissioner of the District of Columbia (herein-
after referred to as the 'Commissioner') may— 
"(1) make temporary provision for the care of children pend-
ing investigation of their status; 
"(2) have the care and legal guardianship, including the pov.er 
to consent to or arrange for adoption in appropriate cases, of— 
" (A) children who may be committed to the Commissioner 
as wards of the District of Columbia by courts of competent 
jurisdiction; and 
"(B) children who are relinquished by their parents to 
the Commissioner or whose relinquishment is transferred to 
the Commissioner by a licensed child-placing agency under 
section 6 of the Act entitled 'An Act to regulate the placing; 
of children in family homes, and for other purposes', 
g/stat^ 57 8
^
"
^
' 
approved April 22,1944 (D.C. Code, sec. 32-786); and 
"(3) make such provision for the care and maintenance of such 
children in private homes, under contract, including adoption sub-
sidy pursuant to section 3 of the Act of Jul^ 26, 1892 (D.(\ Code, 
27 stat.,269. 
sec. 3-115), Or in public or private institutions, as the welfare of 
such children may require; and 
"(4) provide care and maintenance for substantially retarded 
children who may be received upon application or up(m court 
commitment, in institutions or homes or other facilities equipped 
to receive them, within or without the District of Columbia. 
The Commissioner shall cause the wards of the District of Columbia 
placed out under temporary care to be visited as often as may be 
required to safeguard their welfare. 
(2) Section 3 of the Act of July 26, 1892 (D.C. Code, sec. 3-115), 
is amended to read as follows: 
"SEC. 3. (a) Except as provided in subsection (f), the Commis-
sioned may conclude arrangements with persons or institutions at such 
rates as may be agreed upon. 
i^^°^J'T^^^^' 
"(b)(1) The Commissioner may make adoption subsidy payments 
""" "°"'"°"'° 
^Q ^j^ adoptive family (irrespective of the State of residence of the 
family), as needed, on behalf of a child with special needs, where such 
child would in all likelihood go without adoption except for the 
acceptance of the child as a member of the adoptive family, and where 
the adoptive family has the capability of providing the permanent 
family relationships needed by such child in all areas except financial, 
as determined by the Commissioner. Subsidy payments may be made 
under this section only pursuant to a subsidy payment agreement 
entered into by the Commissioner and the adoptive parents concerned 
prior to completion of the adoptive process, but subsidy payments 
may be made before such adoption becomes final. 
" (2) For the purposes of this subsection— 
•Child with 
« ( ^ ) Xhe term 'child with special needs' includes any child who 
"""' "'""'° 
is difficult to place in adoption because of age, race, or ethnic 
sidy payments. 
special needs.'' 
87 STAT.] 
PUBLIC LAW 93-241-JAN. 2, 1974 
1059 
background, physical or mental condition, or membership in a 
sibling group which should be placed together. A child for whom 
an adoptive placement has not been made within six months 
after he is legally available for adoptive placement shall be con-
sidered a child with special needs within the meaning of this 
section. 
"(B) The term 'adoptive family' includes single persons. 
famu''°^"^^ 
"(c) Any public agency or licensed child-placing agency, having a 
child with special needs in foster care or institutional care, or any 
foster parent having such a child in his home may recommend to the 
Commissioner a subsidy for the adoption of such child, and may 
include in the recommendation advice as to the appropriate level of 
payments and any other information likely to assist the Commissioner 
in carrying out the provisions of this section. The Commissioner shall 
make the determination as to whether or not an appropriate adoptive 
home exists for the child, but in so doing the Commissioner shall refer 
to the recommendations of the referring agency. If the Commissioner 
concludes that the child referred is a child with special needs within 
the meaning of this section, and that an appropriate adoptive home 
exists for the child, the Commissioner is authorized to enter into a 
tentative adoption subsidy agreement with the prospective adoptive 
family, and upon entering into such an agreement, the Commissioner 
may accept a transfer of relinquishment of parental rights from the 
referring agency pursuant to section 6 of the Act entitled 'An Act to 
regulate the placing of children in family homes, and for other pur-
poses', approved April 22, 1944 (D.C. Code, sec. 32-786). 
ss stat. i94; 
"(d) If a child in the custody of the Commissioner or a licensed *
•
* ^*^*" ^^^' 
child-placing agency has been in foster care or institutional care for 
at least six months after the child is considered legally available for 
adoptive placement, the Commissioner or agency shall inform the 
family or institution providing care of the possibility of financial aid 
for adoption under this section. If the family caring for the prospec-
tive adoptee applies to the Commissioner for adoption of the child, 
and if it appears to the Commissioner after study that the family 
would be an appropriate adoptive family for the child but for the 
family's economic inability to meet the child's needs, the Commissioner 
shall enter into a tentative agreement with the family concerning the 
amount and duration of a proposed subsidy in the event the child is 
placed for adoption with that family. Thereafter the Commissioner 
may accept a transfer of relinquishment of parental rights from the 
referring agency in appropriate cases. The Commissioner shall in all 
cases take all steps necessary to assist the family in completing the 
legal and procedural requirements necessary to effectuate the adop-
tion, including payment for legal fees and court costs. 
"(e) The amount and duration of adoption subsidy payments may 
Payments, 
vary according to the special needs of the child, and may include main- ^/^n""* ^"'^ '*"'^' 
tenance costs, medical, dental, and surgical expenses, psychiatric and 
psychological expenses, and other costs necessary for his care and well-
being. A subsidy may be paid on a long-term basis to help a family 
whose income is limited and is likely to remain so; on a time-limited 
basis to help a family meet the cost of integrating a child into the 
family over a specified period of time; or on a special services basis 
to help a family meet a specific anticipated expense or expenses when 
no other resource appears to be available. Eligibility for payments 
shall continue until the child reaches eighteen years of age. 
"(f) The Commissioner is authorized to make payments under this 
Authorization. 
section from appropriations for the care of children in foster homes 
and institutions, and to seek and accept funds from other sources in- ^ 
eluding Federal, private, and other public funding sources, to carry 
1060 
PUBLIC LAW 93-241-JAN. 2, 1974 
[87 STAT. 
out the purposes of this section. The amount expended by the Com-
missioner for any subsidy may not exceed the highest amount the 
Commissioner would be authorized to spend in providing or securing 
support and sjjecia] services for the child if the child were in the legal 
custody of the Commissioner. There are authorized to be appropriated 
such sums as are necessary to carry out the purposes of this section. 
"(g) No adoption subsidy payment shall be made on behalf of any 
child with respect to whom an aaoption decree has been entered by the 
Superior Court of the District of Columbia, pursuant to chapter 3 of 
D.c. Code 16- 
title 16 of the Disti-ict of Columbia Code, prior to the effective date of 
^°^* 
this section. 
"(h) Once during each calendar year the Commissioner shall 
review the need for continuing each family's subsidy. At the time 
of such review and at other times during the year when changed 
conditions, inchiding variations in medical opinions, prognosis, and 
costs are deemed by the (•ommissioner to w^arrant such action, appro-
priate adjustments in payments shall be made based upon changes 
in the needs of the child. Any parent who is a party to a subsidy agree-
ment may at any time in writing request, for reasons set forth in the 
request, a review of the amount of any payment or the level of con-
tinuing payments. Such review shall be begun not later than thirty 
days fi-om the receipt of the lequest. Any adjustment may be made 
^ 
retroactive to the date the request was received by the Commissioner. 
If the request is not acted on within thirty days after it has been 
received by the Commissioner, or if the (Commissioner modifies or 
terminates an agreement without the concurrence of all parties, any 
party to the agreement shall be entitled to a hearing under the 
applicable provisions of the District of Columbia Administrative 
82 Stat. 1204. 
Procedure Act (D.C. Code, sees. 1-1501—1-1510). 
Recordkeeping. 
"(j) 'pj^g Commissioiier sliall keep such records as are necessary 
to evaluate the effectiveness of adoption subsidy as a means of encour-
aging and promoting the adoption of children with special needs. 
Information 
The Commissiouer shall make an annual progress report which shall 
availability. 
^^ opcii to pubHc iiispectioii. The report shall include, but not be 
limited to— 
"(1) the number of children placed in adoptive homes under 
subsidy agreements during the year preceding the annual report 
and the major characteristics of the children placed; and 
"(2) the number of children currently in foster care with the 
Commissioner for six months or more, and the legal status of 
those children. 
The Commissioner shall disseminate information to prospective 
adoptive families as to the availability of adoptable children and of 
the existence of aid to families who qualify for a subsidy under this 
section. 
"(j) All rules and regulations adopted by the Commissioner pur-
suant to this Act shall be published in the District of Columbia Kegis-
ter 
as required 
by 
section 
6 of 
the 
District 
of 
Columbia 
82 Stat. 1206. 
Administrative Procedure Act (D.C. Code, sec. 1-1505).". 
27 Stat. 269; 
(b) Sectiou 5 of the Act of July 26, 1892 (D.C. Code, sec. 3-117), 
55 Stat. 883. 
-^ amended to read as follows: 
"SEC. 5. The Commissioner may— 
"(1) accept for care, custody, and guardianship dependent or 
neglected children whose custody or parental control has been 
transferred to the Commissioner, and to provide for the care and 
/. 
. 
support of such children during their minority or during the term 
of their commitment, including the initiation of adoption pro-
ceedings and the provision of subsidy in appropriate cases under 
27 Stat. 269. 
sectiou 3 of this Act (D.C. Code, sec. 3-115); 
; 
r« 
87 
STAT.] 
PUBLIC LAW 93-242-JAN. 2, 1974 
1()61 
"(2) with respect to all children accepted by him for care, 
place them in private families either without expense or with 
reimbursement for the cost of care, or in appropriate cases to 
place them in private families under an adoption subsidy agree-
ment concluded under section 3 of this Act (D.C. Code, sec. 3-
115) or to place them in institutions willing to receive them either 
without expense or with reimbursement for the cost of care; and 
" (3) consent to, arrange for or initiate court proceedings for the 
adoption of all children committed to the care of the Commis-
sioner whose parents have been permanently deprived of custody 
by court order, or whose parents have relinquished a child to the 
Commissioner or to a licensed child-placing agency which has 
transferred the relinquishment to the Commissioner under section 
6 of the Act entitled 'An Act to regulate the placing of children 
in family homes, and for other purposes', approved April 22,1944 
(D.C. Code, sec. 32-786).". 
SEC. 2. (a) Section 307(b)(1)(D) of title 16 of the District of 
Columbia Code is amended by inserting immediately after "should 
have knowledge" the following: ", including the existence and terms 
of a tentative adoption subsidy agreement entered into prior to the 
filing of the adoption petition under section 3 of the Act of July 26, 
1892 (D.C. Code, sec. 3-115)". 
(b) Section 309(b) of title 16 of the District of Columbia Code is 
amended by adding at the end thereof the following new sentence: 
"In determining whether the petitioner will be able to give the pro-
spective adoptee a proper home and education, the court shall give due 
consideration to any assurance by the Commissioner that he will pro-
vide or contribute funds for the necessary maintenance or medical 
care of the prospective adoptee under an adoption subsidy agreement 
under section 3 of the Act of July 26, 1892 (D.C. Code, sec. 3-115).". 
SEC. 3. The amendments made by this Act shall take effect at the 
end of the ninety-day period beginning on the date of enactment of 
this Act. 
Approved January 2, 1974. 
27 Stat. 269. 
58 Stat. 194; 
84 Stat. 578. 
77 Stat. 539. 
77 Stat. 540. 
Effective date. 
Public Law 93-242 
AN ACT 
To implement the shrimp fishing agreement with Brazil, and for other purposes. 
January 2, 1974 
[H. R. 8529] 
Be it enacted hy the Senate and House of Representatives 
of the 
United States of Ameriea in Congress assembled, That this Act may 
offshore shrimp 
be cited as the "Offshore Shrimp Fisheries Act of 1973". 
f g ^ " ' " ^""^ "^ 
DEFINITIONS 
SEC. 2. When used in this Act— 
(a) the term "treaty" shall mean the Agreement Between the 
Government of the Federative Republic of Brazil and the Gov-
ernment of the United States of America Concerning Shrimp, 
signed on May 9,1972, including related annexes, notes, and agreed 
24 UST 923.