42 U.S.C. § 1202 — State plans for aid to blind

Page 2532 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1201 1 So in original. The word ‘‘and’’ probably should not appear. shall issue a final rule under such section 911(a)(1), after public comment, within 24 months after such date of enactment. ‘‘(2) DATA REPORTING STANDARDS.—The reporting standards required under section 911(b)(1) of such Act [42 U.S.C. 1111(b)(1)] (as so added) shall become effective with respect to reports required in the first reporting period, after the effective date of the final rule referred to in paragraph (1) of this subsection, for which the au- thority for data collection and reporting is established or renewed under the Paperwork Reduction Act [44 U.S.C. 3501 et seq.].’’ SUBCHAPTER X—GRANTS TO STATES FOR AID TO BLIND REPEAL OF SUBCHAPTER X OF THIS CHAPTER; IN- APPLICABILITY OF REPEAL TO PUERTO RICO, GUAM, AND VIRGIN ISLANDS Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this sub- chapter is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Vir- gin Islands. § 1201. Authorization of appropriations For the purpose of enabling each State to fur- nish financial assistance, as far as practicable under the conditions in such State, to needy in- dividuals who are blind, there is hereby author- ized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this subchapter. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary of Health and Human Services, State plans for aid to the blind. (Aug. 14, 1935, ch. 531, title X, § 1001, 49 Stat. 645; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(b), 64 Stat. 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836, title III, § 313(a), 70 Stat. 849; Pub. L. 87–543, title I, § 104(c)(3), July 25, 1962, 76 Stat. 186; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–35, title XXI, § 2184(c)(1), Aug. 13, 1981, 95 Stat. 817.) REPEAL OF SECTION Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands. Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 struck out ‘‘and of encouraging each State, as far as practicable under such conditions, to furnish rehabilitation and other services to help such individuals attain or retain capability for self-sup- port and self-care’’ after ‘‘who are blind’’. 1962—Pub. L. 87–543 inserted ‘‘to furnish rehabilita- tion and other services’’ before ‘‘to help such individ- uals’’ and ‘‘or retain capability for’’ after ‘‘attain’’. 1956—Act Aug. 1, 1956, restated purpose to include as- sistance to individuals to attain self-support or self- care. 1950—Act Aug. 28, 1950, substituted ‘‘Federal Security Administrator’’ for ‘‘Social Security Board’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 1202. State plans for aid to blind (a) A State plan for aid to the blind must (1) except to the extent permitted by the Secretary with respect to services, provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be manda- tory upon them; (2) provide for financial partici- pation by the State; (3) either provide for the es- tablishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan; (4) provide (A) for granting an opportunity for a fair hearing before the State agency to any individual whose claim for aid to the blind is de- nied or is not acted upon with reasonable promptness, and (B) that if the State plan is ad- ministered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into ef- fect immediately upon issuance its decision upon the matter considered at such hearing; (5) provide (A) such methods of administration (in- cluding after January 1, 1940, methods relating to the establishment and maintenance of per- sonnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in ac- cordance with such methods) as are found by the Secretary to be necessary for the proper and ef- ficient operation of the plan, and (B) for the training and effective use of paid subprofes- sional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low-income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid vol- unteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees estab- lished by the State agency; (6) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports; and 1 (7) provide that no aid will be furnished any individual under the plan with respect to any period with respect to which he is receiving old-age assistance under the State plan ap- Page 2533 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1202 proved under section 302 of this title or assist- ance under a State program funded under part A of subchapter IV; (8) provide that the State agency shall, in determining need, take into consideration any other income and resources of the individual claiming aid to the blind, as well as any expenses reasonably attributable to the earning of any such income, except that, in making such determination, the State agency (A) shall disregard the first $85 per month of earned income, plus one-half of earned income in excess of $85 per month, (B) shall, for a period not in excess of twelve months, and may, for a period not in excess of thirty-six months, dis- regard such additional amounts of other income and resources, in the case of an individual who has a plan for achieving self-support approved by the State agency, as may be necessary for the fulfillment of such plan, and (C) may, before dis- regarding the amounts referred to in clauses (A) and (B), disregard not more than $7.50 of any in- come; (9) provide safeguards which permit the use or disclosure of information concerning ap- plicants or recipients only (A) to public officials who require such information in connection with their official duties, or (B) to other persons for purposes directly connected with the admin- istration of the State plan; (10) provide that, in determining whether an individual is blind, there shall be an examination by a physician skilled in diseases of the eye or by an optom- etrist, whichever the individual may select; (11) effective July 1, 1951, provide that all individ- uals wishing to make application for aid to the blind shall have opportunity to do so, and that aid to the blind shall be furnished with reason- able promptness to all eligible individuals; (12) effective July 1, 1953, provide, if the plan in- cludes payments to individuals in private or public institutions, for the establishment or des- ignation of a State authority or authorities which shall be responsible for establishing and maintaining standards for such institutions; (13) provide a description of the services (if any) which the State agency makes available (using whatever internal organizational arrangement it finds appropriate for this purpose) to appli- cants for and recipients of aid to the blind to help them attain self-support or self-care, in- cluding a description of the steps taken to as- sure, in the provision of such services, maximum utilization of other agencies providing similar or related services; and (14) provide that infor- mation is requested and exchanged for purposes of income and eligibility verification in accord- ance with a State system which meets the re- quirements of section 1320b–7 of this title. (b) The Secretary shall approve any plan which fulfills the conditions specified in sub- section (a), except that he shall not approve any plan which imposes, as a condition of eligibility for aid to the blind under the plan— (1) Any residence requirement which ex- cludes any resident of the State who has re- sided therein five years during the nine years immediately preceding the application for aid and has resided therein continuously for one year immediately preceding the application; or (2) Any citizenship requirement which ex- cludes any citizen of the United States. At the option of the State, the plan may provide that manuals and other policy issuances will be furnished to persons without charge for the rea- sonable cost of such materials, but such provi- sion shall not be required by the Secretary as a condition for the approval of such plan under this subchapter. In the case of any State (other than Puerto Rico and the Virgin Islands) which did not have on January 1, 1949, a State plan for aid to the blind approved under this subchapter, the Secretary shall approve a plan of such State for aid to the blind for purposes of this sub- chapter, even though it does not meet the re- quirements of clause (8) of subsection (a) of this section, if it meets all other requirements of this subchapter for an approved plan for aid to the blind; but payments under section 1203 of this title shall be made, in the case of any such plan, only with respect to expenditures there- under which would be included as expenditures for the purposes of section 1203 of this title under a plan approved under this section with- out regard to the provisions of this sentence. (Aug. 14, 1935, ch. 531, title X, § 1002, 49 Stat. 645; Aug. 10, 1939, ch. 666, title VII, § 701, 53 Stat. 1397; Aug. 28, 1950, ch. 809, title III, pt. 4, § 341(a)–(e), pt. 6, § 361(c), (d), 64 Stat. 553, 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836, title III, § 313(b), 70 Stat. 849; Pub. L. 86–778, title VII, § 710, Sept. 13, 1960, 74 Stat. 997; Pub. L. 87–543, title I, §§ 104(a)(3)(H), 106(a)(2), 136(a), 154, July 25, 1962, 76 Stat. 185, 188, 197, 206; Pub. L. 88–650, § 5(a), Oct. 13, 1964, 78 Stat. 1078; Pub. L. 89–97, title IV, § 403(c), July 30, 1965, 79 Stat. 418; Pub. L. 90–248, title II, §§ 210(a)(3), 213(a)(2), Jan. 2, 1968, 81 Stat. 895, 898; Pub. L. 92–603, title IV, §§ 405(b), 406(b), 407(b), 410(b), 413(b), Oct. 30, 1972, 86 Stat. 1488, 1489, 1491, 1492; Pub. L. 98–369, div. B, title VI, § 2651(f), July 18, 1984, 98 Stat. 1149; Pub. L. 104–193, title I, § 108(f), Aug. 22, 1996, 110 Stat. 2168.) REPEAL OF SECTION Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands. Editorial Notes AMENDMENTS 1996—Subsec. (a)(7). Pub. L. 104–193 substituted ‘‘as- sistance under a State program funded under part A of subchapter IV’’ for ‘‘aid to families with dependent children under the State plan approved under section 602 of this title’’. 1984—Subsec. (a)(14). Pub. L. 98–369 added cl. (14). 1972—Subsec. (a)(1). Pub. L. 92–603, § 410(b), inserted ‘‘except to the extent permitted by the Secretary with respect to services,’’ before ‘‘provide’’. Subsec. (a)(4). Pub. L. 92–603, § 407(b), designated ex- isting provisions as subcl. (A) and added subcl. (B). Subsec. (a)(9). Pub. L. 92–603, § 413(b), substituted pro- visions permitting the use or disclosure of information concerning applicants or recipients to public officials requiring such information in connection with their of- ficial duties and to other persons for purposes directly connected with the administration of the State plan, for provisions restricting the use or disclosure of such information to purposes directly connected with the administration of aid to the blind. Page 2534 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1202 Subsec. (a)(13). Pub. L. 92–603, § 405(b), inserted provi- sion relating to the use of whatever internal organiza- tional arrangement found appropriate. Subsec. (b). Pub. L. 92–603, § 406(b), inserted provision relating to the furnishing of manuals and other policy issuances to persons without charge and at the option of the State. 1968—Subsec. (a)(5). Pub. L. 90–248, § 210(a)(3), des- ignated existing provisions as subcl. (A) and added subcl. (B). Subsec. (a)(8)(C). Pub. L. 90–248, § 213(a)(2), increased from $5 to $7.50 limitation on amount of any income which the State may disregard in making its deter- mination of need. 1965—Subsec. (a)(8)(C). Pub. L. 89–97 added subcl. (C). 1964—Subsec. (a)(8). Pub. L. 88–650 permitted the State agency, for a period not in excess of thirty-six months to disregard such additional amounts of other income and resources. 1962—Subsec. (a)(7). Pub. L. 87–543, § 104(a)(3)(H), sub- stituted ‘‘aid to families with dependent children’’ for ‘‘aid to dependent children’’. Subsec. (a)(8). Pub. L. 87–543, §§ 106(a)(2), 154, inserted ‘‘, as well as any expenses reasonably attributable to the earning of any such income’’, and amended the ex- ception provision by striking out ‘‘either (i) the first $50 per month of earned income, or’’ after ‘‘disregard’’, redesignating subcl. (ii) as (A) and adding subcl. (B). Subsec. (b). Pub. L. 87–543, § 136(a), provided for ap- proval of certain plans of States, without an approved plan on Jan. 1, 1949, meeting all but income and re- sources requirements, and payment of certain expendi- tures under such plans. 1960—Subsec. (a)(8). Pub. L. 86–778, § 710(b), struck out provision that required the State agency to disregard, alternatively, the first $50 per month of earned income in considering claimant’s income and resources in de- termining need. Pub. L. 86–778, § 710(a), inserted provision that re- quired the State agency to disregard, alternatively, the first $85 per month of earned income plus one-half of earned income in excess of $85 per month in considering claimant’s income and resources in determining need. 1956—Subsec. (a)(13). Act Aug. 1, 1956, added cl. (13). 1950—Subsec. (a)(4). Act Aug. 28, 1950, § 341(a), sub- stituted ‘‘provide for granting an opportunity for a fair hearing before the State agency to any individual whose claim for aid to the blind is denied or is not acted upon with reasonable promptness’’ for ‘‘provide for granting to any individual, whose claim for aid is denied, an opportunity for a fair hearing before such State agency’’. Subsec. (a)(7). Act Aug. 28, 1950, § 341(b), inserted ‘‘or aid to dependent children under the State plan ap- proved under section 302 of this title’’. Subsec. (a)(8). Act Aug. 28, 1950, § 341(c)(2), (d), amend- ed cl. (8) generally, effective July 1, 1952, and struck out ‘‘and’’ preceding cl. (9). Act Aug. 28, 1950, § 341(c)(1), amended cl. (8) generally for period beginning Oct. 1, 1950, and ending June 30, 1952. Subsec. (a)(9). Act Aug. 28, 1950, § 341(d), substituted comma for period at end. Subsec. (a)(10). Act Aug. 28, 1950, § 341(e), amended cl. (10) generally. Prior to amendment, cl. (10) read as fol- lows: ‘‘provide that, in determining whether an indi- vidual is blind, there shall be an examination by a phy- sician skilled in diseases of the eye or by an optom- etrist;’’. Act Aug. 28, 1950, § 341(d), added cl. (10). Subsec. (a)(11), (12). Act Aug. 28, 1950, § 341(d), added cls. (11) and (12). Subsec. (b). Act Aug. 28, 1950, § 361(c), (d), substituted ‘‘Administrator’’ for ‘‘Board’’ and ‘‘he’’ for ‘‘it’’. 1939—Subsec. (a)(5). Act Aug. 10, 1939, § 701(a), inserted ‘‘(including after January 1, 1940, methods relating to the establishment and maintenance of personnel stand- ards on a merit basis, except that the Board shall exer- cise no authority with respect)’’ after ‘‘methods of ad- ministration’’ and ‘‘proper’’ before ‘‘and efficient oper- ation of the plan’’. Subsec. (a)(8), (9). Act Aug. 10, 1939, § 701(b), added cls. (8) and (9). Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title. EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective Apr. 1, 1985, except as otherwise provided, see section 2651(l)(2) of Pub. L. 98–369, set out as an Effective Date note under section 1320b–7 of this title. EFFECTIVE DATE OF 1968 AMENDMENT Amendment by section 210(a)(3) of Pub. L. 90–248 ef- fective July 1, 1969, or, if earlier (with respect to a State’s plan approved under this subchapter) on the date as of which the modification of the State plan to comply with such amendment is approved, see section 210(b) of Pub. L. 90–248, set out as a note under section 302 of this title. EFFECTIVE DATE OF 1965 AMENDMENT Pub. L. 89–97, title IV, § 403(c), July 30, 1965, 79 Stat. 418, provided that the amendment made by that section is effective Oct. 1, 1965. EFFECTIVE DATE OF 1962 AMENDMENT Amendment by section 106(a)(2) of Pub. L. 87–543 ef- fective July 1, 1963, see section 202(a) of Pub. L. 87–543, set out as a note under section 302 of this title. Pub. L. 87–543, title I, § 154, July 25, 1962, 76 Stat. 206, provided that the amendment made by that section is effective July 1, 1963. EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–778, title VII, § 710(a), Sept. 13, 1960, 74 Stat. 997, provided that the amendment made by that section is effective for the period beginning with first day of calendar quarter which begins after Sept. 13, 1960, and ending with close of June 30, 1962. Pub. L. 86–778, title VII, § 710(b), Sept. 13, 1960, 74 Stat. 997, provided that the amendment made by that section is effective July 1, 1962. EFFECTIVE DATE OF 1956 AMENDMENT Amendment by act Aug. 1, 1956, effective July 1, 1957, see section 314 [315] of act Aug. 1, 1956, set out as a note under section 302 of this title. EFFECTIVE AND TERMINATION DATES OF 1950 AMENDMENT Act Aug. 28, 1950, ch. 809, title III, § 341(c)(1), 64 Stat. 553, provided that the amendment made by that section is effective for the period beginning Oct. 1, 1950, and ending June 30, 1952. Act Aug. 28, 1950, ch. 809, title III, § 341(c)(2), 64 Stat. 553, provided that the amendment made by that section is effective July 1, 1952. Page 2535 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1203 Act Aug. 28, 1950, ch. 809, title III, § 341(e), 64 Stat. 553, provided that the amendment made by that section is effective July 1, 1952. Act Aug. 28, 1950, ch. 809, title III, § 341(f), 64 Stat. 553, provided that: ‘‘The amendments made by subsections (b) and (d) [amending this section] shall take effect Oc- tober 1, 1950; and the amendment made by subsection (a) [amending this section] shall take effect July 1, 1951.’’ EFFECTIVE DATE OF 1939 AMENDMENT Act Aug. 10, 1939, ch. 666, title VII, § 701(b), 53 Stat. 1397, provided that the amendment made by that sec- tion is effective July 1, 1941. TRANSFER OF FUNCTIONS Functions, powers, and duties of Secretary under sub- sec. (a)(5)(A) of this section, insofar as relates to the prescription of personnel standards on a merit basis, transferred to Office of Personnel Management, see sec- tion 4728(a)(3)(D) of this title. PUBLIC ACCESS TO STATE DISBURSEMENT RECORDS Public access to State records of disbursements of funds and payments under this subchapter, see note set out under section 302 of this title. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by sec- tion 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 1202a. Repealed. Pub. L. 87–543, title I, § 136(b), July 25, 1962, 76 Stat. 197 Section, act Aug. 28, 1950, ch. 809, title III, pt. 4, § 344(a), 64 Stat. 554, provided, in the case of any State without a plan for aid to the blind approved on Jan. 1, 1949, for approval of the plan of such a State con- forming to all requirements except those relating to determination of need and consideration of resources but conditioned payments to the State meeting the ex- cepted requirement. Statutory Notes and Related Subsidiaries EFFECTIVE AND TERMINATION DATES Section 136(b) of Pub. L. 87–543 also repealed section 344(b) of act Aug. 28, 1950, as amended Sept. 1, 1954, ch. 1206, title III, § 302, 68 Stat. 1097; Apr. 25, 1957, Pub. L. 85–26, 71 Stat. 27; Aug. 28, 1958, Pub. L. 85–840, title V, § 509, 72 Stat. 1051; Sept. 13, 1960, Pub. L. 86–778, title VII, § 706, 74 Stat. 995, which provided that this section should become effective Oct. 1, 1950 and terminate June 30, 1964. § 1203. Payment to States (a) Authorization of payments From the sums appropriated therefor, the Sec- retary of the Treasury shall pay to each State which has an approved plan for aid to the blind, for each quarter, beginning with the quarter commencing October 1, 1958— (1) Repealed. Pub. L. 97–35, title XXI, § 2184(c)(2)(A), Aug. 13, 1981, 95 Stat. 817. (2) in the case of Puerto Rico, the Virgin Is- lands, and Guam, an amount equal to one-half of the total of the sums expended during such quarter as aid to the blind under the State plan, not counting so much of any expenditure with respect to any month as exceeds $37.50 multiplied by the total number of recipients of aid to the blind for such month; and (3) in the case of any State, an amount equal to 50 percent of the total amounts expended during such quarter as found necessary by the Secretary for the proper and efficient adminis- tration of the State plan. (b) Computation of amounts The method of computing and paying such amounts shall be as follows: (1) The Secretary of Health and Human Services shall, prior to the beginning of each quarter, estimate the amount to be paid to the State for such quarter under the provisions of subsection (a), such estimate to be based on (A) a report filed by the State containing its estimate of the total sum to be expended in such quarter in accordance with the provisions of such subsection, and stating the amount ap- propriated or made available by the State and its political subdivisions for such expenditures in such quarter, and if such amount is less than the State’s proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, (B) records showing the number of blind individuals in the State, and (C) such other investigation as the Secretary may find necessary. (2) The Secretary of Health and Human Services shall then certify to the Secretary of the Treasury the amount so estimated by the Secretary of Health and Human Services, (A) reduced or increased, as the case may be, by any sum by which he finds that his estimate for any prior quarter was greater or less than the amount which should have been paid to the State under subsection (a) for such quar- ter, and (B) reduced by a sum equivalent to the pro rata share to which the United States is equitably entitled, as determined by the Secretary of Health and Human Services, of the net amount recovered during a prior quar- ter by the State or any political subdivision thereof with respect to aid to the blind fur- nished under the State plan; except that such increases or reductions shall not be made to the extent that such sums have been applied to make the amount certified for any prior quarter greater or less than the amount esti- mated by the Secretary of Health and Human Services for such prior quarter: Provided, That any part of the amount recovered from the es- tate of a deceased recipient which is not in ex- cess of the amount expended by the State or any political subdivision thereof for the fu- neral expenses of the deceased shall not be considered as a basis for reduction under clause (B) of this paragraph. (3) The Secretary of the Treasury shall thereupon, through the Fiscal Service of the Treasury Department, and prior to audit or settlement by the Government Accountability Office, pay to the State, at the time or times fixed by the Secretary of Health and Human Services, the amount so certified. (Aug. 14, 1935, ch. 531, title X, § 1003, 49 Stat. 646; Aug. 10, 1939, ch. 666, title VII, § 702, 53 Stat. 1397;