US (United States) Code. Title 42. Chapter 7: Social Security

Codificación normativa de EEUU (Estados Unidos). Legislación federal estadounidense # The Public Health and Welfare

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-CITE-

42 USC Sec. 678 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 678. Rule of construction

-STATUTE-

Nothing in this part shall be construed as precluding State

courts from exercising their discretion to protect the health and

safety of children in individual cases, including cases other than

those described in section 671(a)(15)(D) of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 478, as added Pub. L.

105-89, title I, Sec. 101(d), Nov. 19, 1997, 111 Stat. 2117.)

-MISC1-

PRIOR PROVISIONS

A prior section 678, act Aug. 14, 1935, ch. 531, title IV, Sec.

478, as added Oct. 22, 1986, Pub. L. 99-514, title XVIII, Sec.

1883(b)(10)(A), 100 Stat. 2917, excluded from AFDC unit child for

whom foster care maintenance payments are made, prior to repeal by

Pub. L. 101-508, title V, Sec. 5052(b), (c), Nov. 5, 1990, 104

Stat. 1388-228, applicable with respect to benefits for months

beginning on or after the first day of the sixth calendar month

following November 1990.

EFFECTIVE DATE

Section effective Nov. 19, 1997, except as otherwise provided,

with delay permitted if State legislation is required, see section

501 of Pub. L. 105-89, set out as an Effective Date of 1997

Amendments note under section 622 of this title.

-End-

-CITE-

42 USC Sec. 679 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 679. Collection of data relating to adoption and foster care

-STATUTE-

(a) Advisory Committee on Adoption and Foster Care Information

(1) Not later than 90 days after October 21, 1986, the Secretary

shall establish an Advisory Committee on Adoption and Foster Care

Information (in this section referred to as the "Advisory

Committee") to study the various methods of establishing,

administering, and financing a system for the collection of data

with respect to adoption and foster care in the United States.

(2) The study required by paragraph (1) shall -

(A) identify the types of data necessary to -

(i) assess (on a continuing basis) the incidence,

characteristics, and status of adoption and foster care in the

United States, and

(ii) develop appropriate national policies with respect to

adoption and foster care;

(B) evaluate the feasibility and appropriateness of collecting

data with respect to privately arranged adoptions and adoptions

arranged through private agencies without assistance from public

child welfare agencies;

(C) assess the validity of various methods of collecting data

with respect to adoption and foster care; and

(D) evaluate the financial and administrative impact of

implementing each such method.

(3) Not later than October 1, 1987, the Advisory Committee shall

submit to the Secretary and the Congress a report setting forth the

results of the study required by paragraph (1) and evaluating and

making recommendations with respect to the various methods of

establishing, administering, and financing a system for the

collection of data with respect to adoption and foster care in the

United States.

(4)(A) Subject to subparagraph (B), the membership and

organization of the Advisory Committee shall be determined by the

Secretary.

(B) The membership of the Advisory Committee shall include

representatives of -

(i) private, nonprofit organizations with an interest in child

welfare (including organizations that provide foster care and

adoption services),

(ii) organizations representing State and local governmental

agencies with responsibility for foster care and adoption

services,

(iii) organizations representing State and local governmental

agencies with responsibility for the collection of health and

social statistics,

(iv) organizations representing State and local judicial bodies

with jurisdiction over family law,

(v) Federal agencies responsible for the collection of health

and social statistics, and

(vi) organizations and agencies involved with privately

arranged or international adoptions.

(5) After the date of the submission of the report required by

paragraph (3), the Advisory Committee shall cease to exist.

(b) Report to Congress; regulations

(1)(A) Not later than July 1, 1988, the Secretary shall submit to

the Congress a report that -

(i) proposes a method of establishing, administering, and

financing a system for the collection of data relating to

adoption and foster care in the United States,

(ii) evaluates the feasibility and appropriateness of

collecting data with respect to privately arranged adoptions and

adoptions arranged through private agencies without assistance

from public child welfare agencies, and

(iii) evaluates the impact of the system proposed under clause

(i) on the agencies with responsibility for implementing it.

(B) The report required by subparagraph (A) shall -

(i) specify any changes in law that will be necessary to

implement the system proposed under subparagraph (A)(i), and

(ii) describe the type of system that will be implemented under

paragraph (2) in the absence of such changes.

(2) Not later than December 31, 1988, the Secretary shall

promulgate final regulations providing for the implementation of -

(A) the system proposed under paragraph (1)(A)(i), or

(B) if the changes in law specified pursuant to paragraph

(1)(B)(i) have not been enacted, the system described in

paragraph (1)(B)(ii).

Such regulations shall provide for the full implementation of the

system not later than October 1, 1991.

(c) Data collection system

Any data collection system developed and implemented under this

section shall -

(1) avoid unnecessary diversion of resources from agencies

responsible for adoption and foster care;

(2) assure that any data that is collected is reliable and

consistent over time and among jurisdictions through the use of

uniform definitions and methodologies;

(3) provide comprehensive national information with respect to

-

(A) the demographic characteristics of adoptive and foster

children and their biological and adoptive or foster parents,

(B) the status of the foster care population (including the

number of children in foster care, length of placement, type of

placement, availability for adoption, and goals for ending or

continuing foster care),

(C) the number and characteristics of -

(i) children placed in or removed from foster care,

(ii) children adopted or with respect to whom adoptions

have been terminated, and

(iii) children placed in foster care outside the State

which has placement and care responsibility, and

(D) the extent and nature of assistance provided by Federal,

State, and local adoption and foster care programs and the

characteristics of the children with respect to whom such

assistance is provided; and

(4) utilize appropriate requirements and incentives to ensure

that the system functions reliably throughout the United States.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 479, as added Pub. L.

99-509, title IX, Sec. 9443, Oct. 21, 1986, 100 Stat. 2073; amended

Pub. L. 103-432, title II, Sec. 209(c), Oct. 31, 1994, 108 Stat.

4459.)

-MISC1-

AMENDMENTS

1994 - Subsec. (c)(3)(C)(iii). Pub. L. 103-432 added cl. (iii).

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-432 effective with respect to fiscal

years beginning on or after Oct. 1, 1995, see section 209(d) of

Pub. L. 103-432, set out as a note under section 675 of this title.

TERMINATION OF ADVISORY COMMITTEES

Advisory committees established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a committee

established by the President or an officer of the Federal

Government, such committee is renewed by appropriate action prior

to the expiration of such 2-year period, or in the case of a

committee established by the Congress, its duration is otherwise

provided by law. See section 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 776, set out in the Appendix to Title 5, Government

Organization and Employees.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 673b, 674, 679a, 1320a-9,

5106f-1 of this title.

-End-

-CITE-

42 USC Sec. 679a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 679a. National Adoption Information Clearinghouse

-STATUTE-

The Secretary of Health and Human Services shall establish,

either directly or by grant or contract, a National Adoption

Information Clearinghouse. The Clearinghouse shall -

(1) collect, compile, and maintain information obtained from

available research, studies, and reports by public and private

agencies, institutions, or individuals concerning all aspects of

infant adoption and adoption of children with special needs;

(2) compile, maintain, and periodically revise directories of

information concerning -

(A) crisis pregnancy centers,

(B) shelters and residences for pregnant women,

(C) training programs on adoption,

(D) educational programs on adoption,

(E) licensed adoption agencies,

(F) State laws relating to adoption,

(G) intercountry adoption, and

(H) any other information relating to adoption for pregnant

women, infertile couples, adoptive parents, unmarried

individuals who want to adopt children, individuals who have

been adopted, birth parents who have placed a child for

adoption, adoption agencies, social workers, counselors, or

other individuals who work in the adoption field;

(3) disseminate the information compiled and maintained

pursuant to paragraph (1) and the directories compiled and

maintained pursuant to paragraph (2); and

(4) upon the establishment of an adoption and foster care data

collection system pursuant to section 679 of this title,

disseminate the data and information made available through that

system.

-SOURCE-

(Pub. L. 99-509, title IX, Sec. 9442, Oct. 21, 1986, 100 Stat.

2073.)

-COD-

CODIFICATION

Section was enacted as part of the Medicare and Medicaid Budget

Reconciliation Amendments of 1985 and also as part of the Omnibus

Budget Reconciliation Act of 1986, and not as part of the Social

Security Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 679b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part E - Federal Payments for Foster Care and Adoption Assistance

-HEAD-

Sec. 679b. Annual report

-STATUTE-

The Secretary, in consultation with Governors, State

legislatures, State and local public officials responsible for

administering child welfare programs, and child welfare advocates,

shall -

(1) develop a set of outcome measures (including length of stay

in foster care, number of foster care placements, and number of

adoptions) that can be used to assess the performance of States

in operating child protection and child welfare programs pursuant

to part B of this subchapter and this part to ensure the safety

of children;

(2) to the maximum extent possible, the outcome measures should

be developed from data available from the Adoption and Foster

Care Analysis and Reporting System;

(3) develop a system for rating the performance of States with

respect to the outcome measures, and provide to the States an

explanation of the rating system and how scores are determined

under the rating system;

(4) prescribe such regulations as may be necessary to ensure

that States provide to the Secretary the data necessary to

determine State performance with respect to each outcome measure,

as a condition of the State receiving funds under this part; and

(5) on May 1, 1999, and annually thereafter, prepare and submit

to the Congress a report on the performance of each State on each

outcome measure, which shall examine the reasons for high

performance and low performance and, where possible, make

recommendations as to how State performance could be improved.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IV, Sec. 479A, as added Pub. L.

105-89, title II, Sec. 203(a), Nov. 19, 1997, 111 Stat. 2126.)

-REFTEXT-

REFERENCES IN TEXT

Part B of this subchapter, referred to in par. (1), is classified

to section 620 et seq. of this title.

-MISC1-

EFFECTIVE DATE

Section effective Nov. 19, 1997, except as otherwise provided,

with delay permitted if State legislation is required, see section

501 of Pub. L. 105-89, set out as an Effective Date of 1997

Amendments note under section 622 of this title.

DEVELOPMENT OF PERFORMANCE-BASED INCENTIVE SYSTEM

Section 203(b) of Pub. L. 105-89 provided that: "The Secretary of

Health and Human Services, in consultation with State and local

public officials responsible for administering child welfare

programs and child welfare advocates, shall study, develop, and

recommend to Congress an incentive system to provide payments under

parts B and E of title IV of the Social Security Act (42 U.S.C. 620

et seq., 670 et seq.) to any State based on the State's performance

under such a system. Such a system shall, to the extent the

Secretary determines feasible and appropriate, be based on the

annual report required by section 479A of the Social Security Act

[this section] (as added by subsection (a) of this section) or on

any proposed modifications of the annual report. Not later than 6

months after the date of the enactment of this Act [Nov. 19, 1997],

the Secretary shall submit to the Committee on Ways and Means of

the House of Representatives and the Committee on Finance of the

Senate a progress report on the feasibility, timetable, and

consultation process for conducting such a study. Not later than 15

months after such date of enactment, the Secretary shall submit to

the Committee on Ways and Means of the House of Representatives and

the Committee on Finance of the Senate the final report on a

performance-based incentive system. The report may include other

recommendations for restructuring the program and payments under

parts B and E of title IV of the Social Security Act."

-End-

-CITE-

42 USC Part F - Job Opportunities and Basic Skills

Training Program 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part F - Job Opportunities and Basic Skills Training Program

-HEAD-

PART F - JOB OPPORTUNITIES AND BASIC SKILLS TRAINING PROGRAM

-End-

-CITE-

42 USC Secs. 681 to 687 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IV - GRANTS TO STATES FOR AID AND SERVICES TO NEEDY

FAMILIES WITH CHILDREN AND FOR CHILD-WELFARE

SERVICES

Part F - Job Opportunities and Basic Skills Training Program

-HEAD-

Secs. 681 to 687. Repealed. Pub. L. 104-193, title I, Sec. 108(e),

Aug. 22, 1996, 110 Stat. 2167

-MISC1-

Section 681, act Aug. 14, 1935, ch. 531, title IV, Sec. 481, as

added Oct. 13, 1988, Pub. L. 100-485, title II, Sec. 201(b), 102

Stat. 2360, related to purpose of part and definitions.

Section 682, act Aug. 14, 1935, ch. 531, title IV, Sec. 482, as

added Oct. 13, 1988, Pub. L. 100-485, title II, Sec. 201(b), 102

Stat. 2360; amended Oct. 31, 1994, Pub. L. 103-432, title II, Sec.

241(a), 108 Stat. 4466, related to establishment and operation of

State programs.

Section 683, act Aug. 14, 1935, ch. 531, title IV, Sec. 483, as

added Oct. 13, 1988, Pub. L. 100-485, title II, Sec. 201(b), 102

Stat. 2369, related to coordination of Federal and State programs.

Section 684, act Aug. 14, 1935, ch. 531, title IV, Sec. 484, as

added Oct. 13, 1988, Pub. L. 100-485, title II, Sec. 201(b), 102

Stat. 2370, related to provisions generally applicable to provision

of services.

Section 685, act Aug. 14, 1935, ch. 531, title IV, Sec. 485, as

added Oct. 13, 1988, Pub. L. 100-485, title II, Sec. 201(b), 102

Stat. 2371, related to contract authority.

Section 686, act Aug. 14, 1935, ch. 531, title IV, Sec. 486, as

added Oct. 13, 1988, Pub. L. 100-485, title II, Sec. 201(b), 102

Stat. 2372, related to initial State evaluations.

Section 687, act Aug. 14, 1935, ch. 531, title IV, Sec. 487, as

added Oct. 13, 1988, Pub. L. 100-485, title II, Sec. 203(b), 102

Stat. 2378; amended Oct. 31, 1994, Pub. L. 103-432, title II, Sec.

242, 108 Stat. 4466, related to performance standards.

EFFECTIVE DATE OF REPEAL

Repeal effective July 1, 1997, with transition rules relating to

State options to accelerate such date, rules relating to claims,

actions, and proceedings commenced before such date, rules relating

to closing out of accounts for terminated or substantially 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.

-End-

-CITE-

42 USC SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES

BLOCK GRANT 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-MISC1-

AMENDMENTS

1981 - Pub. L. 97-35, title XXI, Sec. 2192(a), Aug. 13, 1981, 95

Stat. 818, substituted "MATERNAL AND CHILD HEALTH SERVICES BLOCK

GRANT" for "MATERNAL AND CHILD HEALTH AND CRIPPLED CHILDREN'S

SERVICES" as the heading of title V of the Social Security Act

[this subchapter] as part of the general revision of this

subchapter.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 247b-1, 247b-4a,

247b-16, 254c-8, 280c-6, 280g, 280g-1, 300b-8, 300w-3, 300z-5,

300ff-71, 671, 1301, 1320a-3, 1320a-7, 1320a-7a, 1320b-19, 1382d,

1396a, 1396b, 1396n, 1396r-1, 1396r-4, 1397d, 14402, 15025 of this

title; title 7 section 3178; title 8 section 1255a; title 20

sections 1412, 1440.

-End-

-CITE-

42 USC Sec. 701 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 701. Authorization of appropriations; purposes; definitions

-STATUTE-

(a) To improve the health of all mothers and children consistent

with the applicable health status goals and national health

objectives established by the Secretary under the Public Health

Service Act [42 U.S.C. 201 et seq.] for the year 2000, there are

authorized to be appropriated $850,000,000 for fiscal year 2001 and

each fiscal year thereafter -

(1) for the purpose of enabling each State -

(A) to provide and to assure mothers and children (in

particular those with low income or with limited availability

of health services) access to quality maternal and child health

services;

(B) to reduce infant mortality and the incidence of

preventable diseases and handicapping conditions among

children, to reduce the need for inpatient and long-term care

services, to increase the number of children (especially

preschool children) appropriately immunized against disease and

the number of low income children receiving health assessments

and follow-up diagnostic and treatment services, and otherwise

to promote the health of mothers and infants by providing

prenatal, delivery, and postpartum care for low income, at-risk

pregnant women, and to promote the health of children by

providing preventive and primary care services for low income

children;

(C) to provide rehabilitation services for blind and disabled

individuals under the age of 16 receiving benefits under

subchapter XVI of this chapter, to the extent medical

assistance for such services is not provided under subchapter

XIX of this chapter; and

(D) to provide and to promote family-centered,

community-based, coordinated care (including care coordination

services, as defined in subsection (b)(3) of this section) for

children with special health care needs and to facilitate the

development of community-based systems of services for such

children and their families;

(2) for the purpose of enabling the Secretary (through grants,

contracts, or otherwise) to provide for special projects of

regional and national significance, research, and training with

respect to maternal and child health and children with special

health care needs (including early intervention training and

services development), for genetic disease testing, counseling,

and information development and dissemination programs, for

grants (including funding for comprehensive hemophilia diagnostic

treatment centers) relating to hemophilia without regard to age,

and for the screening of newborns for sickle cell anemia, and

other genetic disorders and follow-up services; and

(3) subject to section 702(b) of this title for the purpose of

enabling the Secretary (through grants, contracts, or otherwise)

to provide for developing and expanding the following -

(A) maternal and infant health home visiting programs in

which case management services as defined in subparagraphs (A)

and (B) of subsection (b)(4) of this section, health education

services, and related social support services are provided in

the home to pregnant women or families with an infant up to the

age one by an appropriate health professional or by a qualified

nonprofessional acting under the supervision of a health care

professional,

(B) projects designed to increase the participation of

obstetricians and pediatricians under the program under this

subchapter and under state (!1) plans approved under subchapter

XIX of this chapter,

(C) integrated maternal and child health service delivery

systems (of the type described in section 1320b-6 (!2) of this

title and using, once developed, the model application form

developed under section 6506(a) of the Omnibus Budget

Reconciliation Act of 1989),

(D) maternal and child health centers which (i) provide

prenatal, delivery, and postpartum care for pregnant women and

preventive and primary care services for infants up to age one,

and (ii) operate under the direction of a not-for-profit

hospital,

(E) maternal and child health projects to serve rural

populations, and

(F) outpatient and community based services programs

(including day care services) for children with special health

care needs whose medical services are provided primarily

through inpatient institutional care.

Funds appropriated under this section may only be used in a manner

consistent with the Assisted Suicide Funding Restriction Act of

1997 [42 U.S.C. 14401 et seq.].

(b) For purposes of this subchapter:

(1) The term "consolidated health programs" means the programs

administered under the provisions of -

(A) this subchapter (relating to maternal and child health

and services for children with special health care needs),

(B) section 1382d(c) of this title (relating to supplemental

security income for disabled children),

(C) sections 247a of this title (relating to lead-based paint

poisoning prevention programs), 300b of this title (relating to

genetic disease programs), 300c-11 of this title (relating to

sudden infant death syndrome programs) and 300c-21 of this

title (relating to hemophilia treatment centers), and

(D) title VI of the Health Services and Centers Amendments of

1978 (Public Law 95-626; relating to adolescent pregnancy

grants),

as such provisions were in effect before August 13, 1981.

(2) The term "low income" means, with respect to an individual

or family, such an individual or family with an income determined

to be below the income official poverty line defined by the

Office of Management and Budget and revised annually in

accordance with section 9902(2) of this title.

(3) The term "care coordination services" means services to

promote the effective and efficient organization and utilization

of resources to assure access to necessary comprehensive services

for children with special health care needs and their families.

(4) The term "case management services" means -

(A) with respect to pregnant women, services to assure access

to quality prenatal, delivery, and postpartum care; and

(B) with respect to infants up to age one, services to assure

access to quality preventive and primary care services.

-SOURCE-

(Aug. 14, 1935, ch. 531, title V, Sec. 501, as added Pub. L. 97-35,

title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 818; amended Pub.

L. 97-248, title I, Sec. 137(b)(1), (2), Sept. 3, 1982, 96 Stat.

376; Pub. L. 98-369, div. B, title III, Sec. 2372(a), July 18,

1984, 98 Stat. 1110; Pub. L. 99-272, title IX, Sec. 9527(a)-(c),

Apr. 7, 1986, 100 Stat. 219; Pub. L. 99-509, title IX, Sec.

9441(a), Oct. 21, 1986, 100 Stat. 2071; Pub. L. 100-203, title IV,

Sec. 4118(p)(8), Dec. 22, 1987, 101 Stat. 1330-159; Pub. L.

101-239, title VI, Sec. 6501(a), Dec. 19, 1989, 103 Stat. 2273;

Pub. L. 103-432, title II, Sec. 201, Oct. 31, 1994, 108 Stat. 4453;

Pub. L. 105-12, Sec. 9(d), Apr. 30, 1997, 111 Stat. 27; Pub. L.

106-554, Sec. 1(a)(6) [title IX, Sec. 921(a)], Dec. 21, 2000, 114

Stat. 2763, 2763A-584.)

-REFTEXT-

REFERENCES IN TEXT

The Public Health Service Act, referred to in subsec. (a), is act

July 1, 1944, ch. 373, 58 Stat. 682, as amended, which is

classified generally to chapter 6A (Sec. 201 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 201 of this title and

Tables.

The Assisted Suicide Funding Restriction Act of 1997, referred to

in subsec. (a), is Pub. L. 105-12, Apr. 30, 1997, 111 Stat. 23,

which is classified principally to chapter 138 (Sec. 14401 et seq.)

of this title. For complete classification of this Act to the Code,

see Short Title note set out under section 14401 of this title and

Tables.

Section 1320b-6 of this title, referred to in subsec. (a)(3)(C),

was repealed by Pub. L. 104-193, title I, Sec. 108(g)(7), Aug. 22,

1996, 110 Stat. 2168.

Section 6506(a) of the Omnibus Budget Reconciliation Act of 1989,

referred to in subsec. (a)(3)(C), is section 6506(a) of Pub. L.

101-239 which is set out below.

Sections 247a, 300b, 300c-11, and 300c-21 of this title, referred

to in subsec. (b)(1)(C), were repealed by Pub. L. 97-35, Sec.

2193(b)(1), Aug. 13, 1981, 95 Stat. 827. See Effective Date,

Savings, and Transitional Provisions note set out below.

The Health Services and Centers Amendments of 1978, referred to

in subsec. (b)(1)(D), is Pub. L. 95-626, Nov. 10, 1978, 92 Stat.

3551. Title VI of the Health Services and Centers Amendments of

1978 was classified generally to part A (Sec. 300a-21 et seq.) of

subchapter VIII-A of this chapter prior to its repeal by Pub. L.

97-35, title IX, Sec. 955(b), title XXI, Sec. 2193(f), Aug. 13,

1981, 95 Stat. 592, 828. For complete classification of this Act to

the Code, see Short Title of 1978 Amendment note set out under

section 201 of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 701, act Aug. 14, 1935, ch. 531, title V, Sec.

501, as added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81

Stat. 921; amended Aug. 1, 1977, Pub. L. 95-83, title III, Sec.

309(a), 91 Stat. 396; Aug. 13, 1981, Pub. L. 97-35, title XXI, Sec.

2193(a)(3), 95 Stat. 827, provided for authorization of

appropriations, prior to the general revision of this subchapter by

section 2192(a) of Pub. L. 97-35. For effective date, savings, and

transitional provisions, see section 2194 of Pub. L. 97-35, set out

below.

Another prior section 701, acts Aug. 14, 1935, ch. 531, title V,

Sec. 501, 49 Stat. 629; Aug. 10, 1939, ch. 666, title V, Sec. 501,

53 Stat. 1380; 1946 Reorg. Plan No. 2, Sec. 1, eff. July 16, 1946,

11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, Sec.

401(b)(1), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III, pt. 3,

Sec. 331(a), pt. 6, Sec. 361(e), 64 Stat. 551, 558; Aug. 28, 1958,

Pub. L. 85-840, title VI, Sec. 602(a), 72 Stat. 1054; Sept. 13,

1960, Pub. L. 86-778, title VII, Sec. 707(a)(1)(A), 74 Stat. 995;

Oct. 24, 1963, Pub. L. 88-156, Sec. 2(a), 77 Stat. 273; July 30,

1965, Pub. L. 89-97, title II, Sec. 201(a), 79 Stat. 353,

authorized appropriations, for maternal and child health services,

of $25,000,000; $30,000,000; $35,000,000; $45,000,000; $50,000,000;

$55,000,000; $55,000,000; and $60,000,000 for fiscal years ending

June 30, 1963, 1964, 1965, 1966, 1967, 1968, 1969, 1970 and each

fiscal year thereafter, respectively, prior to the general

amendment of title V of the Social Security Act by Pub. L. 90-248,

Sec. 301.

Provisions similar to those comprising former section 701 were

contained in section 511 of act Aug. 14, 1935, ch. 531, title V, 49

Stat. 631, as amended (formerly classified to section 711 of this

title, and sections 531(a), 532(a), and 533(a) (formerly 532(a)) of

act Aug. 14, 1935, ch. 531, title V, as added Oct. 24, 1963, Pub.

L. 88-156, Sec. 4, 77 Stat. 274; amended July 30, 1965, Pub. L.

89-97, title II, Sec. 205(3), 79 Stat. 354; Oct. 24, 1963, Pub. L.

88-156, Sec. 4, 77 Stat. 274; renumbered July 30, 1965, Pub. L.

89-97, title II, Sec. 205(2), 79 Stat. 354 (formerly classified to

sections 729(a), 729-1(a), and 729a(a) of this title), prior to the

general amendment and renumbering of title V of act Aug. 14, 1935,

by Pub. L. 90-248, Sec. 301.

AMENDMENTS

2000 - Subsec. (a). Pub. L. 106-554 substituted "$850,000,000 for

fiscal year 2001" for "$705,000,000 for fiscal year 1994" in

introductory provisions.

1997 - Subsec. (a). Pub. L. 105-12 inserted concluding

provisions.

1994 - Subsec. (a). Pub. L. 103-432 substituted "$705,000,000 for

fiscal year 1994" for "$686,000,000 for fiscal year 1990" in

introductory provisions.

1989 - Subsec. (a). Pub. L. 101-239, Sec. 6501(a)(1), amended

subsec. (a) generally, substituting pars. (1) to (3) for former

pars. (1) to (4) and concluding provisions.

Subsec. (b)(3), (4). Pub. L. 101-239, Sec. 6501(a)(2), added

pars. (3) and (4).

1987 - Subsec. (b)(2). Pub. L. 100-203 struck out "nonform" after

"below the".

1986 - Subsec. (a). Pub. L. 99-509 substituted "$553,000,000 for

fiscal year 1987, $557,000,000 for fiscal year 1988, and

$561,000,000 for fiscal year 1989" for "$478,000,000 for fiscal

year 1984" in concluding provisions.

Pub. L. 99-272, Sec. 9527(b), substituted "children with special

health care needs" for "crippled children" in concluding

provisions.

Subsec. (a)(4). Pub. L. 99-272, Sec. 9527(a), substituted

"children who are 'children with special health care needs' or who

are suffering from conditions leading to such status" for "children

who are crippled or who are suffering from conditions leading to

crippling".

Subsec. (b)(1)(A). Pub. L. 99-272, Sec. 9527(c), substituted

"services for children with special health care needs" for

"crippled children's services".

1984 - Subsec. (a). Pub. L. 98-369 substituted "$478,000,000 for

fiscal year 1984 and each fiscal year thereafter" for "$373,000,000

for fiscal year 1982 and for each fiscal year thereafter".

1982 - Subsec. (b)(1)(D). Pub. L. 97-248, Sec. 137(b)(1),

substituted "title VI" for "title IV".

Subsec. (b)(2). Pub. L. 97-248, Sec. 137(b)(2), substituted

"section 9902(2)" for "section 2971d".

EFFECTIVE DATE OF 2000 AMENDMENT

Pub. L. 106-554, Sec. 1(a)(6) [title IX, Sec. 921(b)], Dec. 21,

2000, 114 Stat. 2763, 2763A-585, provided that: "The amendment made

by subsection (a) [amending this section] takes effect on October

1, 2000."

EFFECTIVE DATE OF 1997 AMENDMENT

Amendment by Pub. L. 105-12 effective Apr. 30, 1997, applicable

to Federal payments made pursuant to obligations incurred after

Apr. 30, 1997, for items and services provided on or after such

date, subject to also being applicable with respect to contracts

entered into, renewed, or extended after Apr. 30, 1997, as well as

contracts entered into before Apr. 30, 1997, to the extent

permitted under such contracts, see section 11 of Pub. L. 105-12,

set out as an Effective Date note under section 14401 of this

title.

EFFECTIVE DATE OF 1989 AMENDMENT

Section 6510 of Pub. L. 101-239 provided that:

"(a) In General. - Except as provided in subsection (b), the

amendments made by this subtitle [subtitle C (Secs. 6501-6510) of

title VI of Pub. L. 101-239, amending this section and sections 702

to 706, 708, and 709 of this title] shall apply to appropriations

for fiscal years beginning with fiscal year 1990.

"(b) Application and Report. - The amendments made -

"(1) by subsections (b) and (c) of section 6503 [amending

sections 702, 704 to 706, and 709 of this title] shall apply to

payments for allotments for fiscal years beginning with fiscal

year 1991, and

"(2) by section 6504 [amending section 706 of this title] shall

apply to annual reports for fiscal years beginning with fiscal

year 1991."

EFFECTIVE DATE OF 1984 AMENDMENT

Section 2372(b) of Pub. L. 98-369 provided that: "The amendment

made by subsection (a) [amending this section] shall be effective

for fiscal years beginning on or after October 1, 1983."

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by Pub. L. 97-248 effective as if originally included

as part of this section as this section was amended by the Omnibus

Budget Reconciliation Act of 1981, Pub. L. 97-35, see section

137(d)(2) of Pub. L. 97-248, set out as a note under section 1396a

of this title.

EFFECTIVE DATE, SAVINGS, AND TRANSITIONAL PROVISIONS

Section 2194 of Pub. L. 97-35 provided that:

"(a) Except as otherwise provided in this section, the amendments

made by sections 2192 [enacting this subchapter and enacting

provisions set out as a note under section 706 of this title] and

2193 [amending this section and sections 247a, 300a-27, 300b,

300c-11, and 300c-21 of this title with respect to fiscal year

ending Sept. 30, 1982, amending sections 300b-3, 300b-6, 1301,

1308, 1320a-1, 1320a-8, 1320b-2, 1320b-4, 1320c-21, 1382d, 1395b-1,

1395x, and 1396a of this title, repealing sections 236, 247a,

300a-21 to 300a-28, 300a-41, 300b, 300b-5, 300c-11, and 300c-21 of

this title, enacting provisions set out as a note under section

1382d of this title, and amending provisions set out as notes under

sections 1320a-8 and 1395b-1 of this title] of this subtitle do not

apply to any grant made, or contract entered into, or amounts

payable to States under State plans before the earlier of -

"(1) October 1, 1982, or

"(2)(A) in the case of such grants, contracts, or payments

under consolidated State programs (as defined in subsection

(c)(2)(C)) to a State (or entities in the State), the date the

State is first entitled to an allotment under title V of the

Social Security Act [this subchapter] (as amended by this

subtitle), or

"(B) in the case of grants and contracts under consolidated

Federal programs (as defined in subsection (c)(2)(B)), October 1,

1981, or such later date (before October 1, 1982) as the

Secretary determines to be appropriate.

"(b)(1) The Secretary of Health and Human Services (hereinafter

in this section referred to as the 'Secretary') may not provide for

any allotment to a State under title V of the Social Security Act

[this subchapter] (as amended by this subtitle) for a calendar

quarter in fiscal year 1982 unless the State has notified the

Secretary, at least 30 days (or 15 days in the case of the first

calendar quarter of the fiscal year) before the beginning of the

calendar quarter, that the State requests an allotment for that

calendar quarter (and subsequent calendar quarters).

"(2)(A) Any grants or contracts entered into under the

authorities of the consolidated State programs (as defined in

subsection (c)(2)(C)) after the date of the enactment of this

subtitle [Aug. 13, 1981] shall permit the termination of such grant

or contract upon three months notice by the State in which the

grantee or contractor is located.

"(B) The Secretary shall not make or renew any grants or

contracts under the provisions of the consolidated State programs

(as defined in subsection (c)(2)(C)) to a State (or an entity in

the State) after the date the State becomes entitled to an

allotment of funds under title V of the Social Security Act [this

subchapter] (as amended by this subtitle).

"(3)(A) In the case of funds appropriated for fiscal year 1982

for consolidated health programs (as defined in subsection

(c)(2)(A)), such funds shall (notwithstanding any other provision

of law) be available for use under title V of the Social Security

Act (as amended by this subtitle) [this subchapter], subject to

subparagraphs (B) and (C).

"(B) Notwithstanding any other provision of law -

"(i) the amount that may be made available for expenditures for

the consolidated Federal programs for fiscal year 1982 and for

projects and programs under section 502(a) of the Social Security

Act [section 702(a) of this title] (as amended by this subtitle)

may not exceed the amount provided for projects and programs

under such section 502(a) for that fiscal year, and

"(ii) the amount that may be made available to a State (or

entities in the State) for carrying out the consolidated State

programs for fiscal year 1982 and for allotments to the State

under section 502(b) of the Social Security Act [section 702(b)

of this title] (as amended by this subtitle) may not exceed the

amount which is allotted to the State for that fiscal year under

such section (without regard to paragraphs (3) and (4) thereof).

"(C) For fiscal year 1982, the Secretary shall reduce the amount

which would otherwise be available -

"(i) for expenditures by the Secretary under section 502(a) of

the Social Security Act [section 702(a) of this title] (as

amended by this subtitle) by the amounts which the Secretary

determines or estimates are payable for consolidated Federal

programs (as defined in subsection (c)(2)(B)) from funds for

fiscal year 1982, and

"(ii) for allotment to each of the States under section 502(b)

of such Act [section 702(b) of this title] (as so amended) by the

amounts which the Secretary determines or estimates are payable

to that State (or entities in the State) under the consolidated

State programs (as defined in subsection (c)(2)(C)) from funds

for fiscal year 1982.

"(c) For purposes of this section:

"(1) The term 'State' has the meaning given such term for

purposes of title V of the Social Security Act [this subchapter].

"(2)(A) The term 'consolidated health programs' has the meaning

given such term in section 501(b) of the Social Security Act

[subsec. (b) of this section] (as amended by this subtitle).

"(B) The term 'consolidated Federal programs' means the

consolidated health programs -

"(i) of special projects grants under sections 503 and 504

[sections 703 and 704 of this title], and training grants under

section 511 [section 711 of this title], of the Social Security

Act,

"(ii) of grants and contracts for genetic disease projects

and programs under section 1101 of the Public Health Service

Act [section 300b of this title], and

"(iii) of grants or contracts for comprehensive hemophilia

diagnostic and treatment centers under section 1131 of the

Public Health Service Act [section 300c-21 of this title],

as such sections are in effect before the date of the enactment

of this subtitle [Aug. 13, 1981].

"(C) The term 'consolidated State programs' means the

consolidated health programs, other than the consolidated Federal

programs.

"(d) The provisions of chapter 2 of subtitle C of title XVII of

this Act [sections 1741-1745 of Pub. L. 97-35, which were repealed

and reenacted as section 7301-7305 of Title 31, Money and Finance,

by Pub. L. 97-258, Sept. 13, 1982, 96 Stat. 877] shall not apply to

this subtitle (or the programs under the amendments made by this

title [probably should be subtitle]) and, specifically, section

1745 of this Act [set out as a note under section 1243 of Title 31]

shall not apply to financial and compliance audits conducted under

section 506(b) of the Social Security Act [section 706(b) of this

title] (as amended by this subtitle)."

DEVELOPMENT OF MODEL APPLICATIONS FOR MATERNAL AND CHILD ASSISTANCE

PROGRAMS

Section 6506(a) of Pub. L. 101-239 directed Secretary of Health

and Human Services to develop, not later than one year after Dec.

19, 1989, a model application form for use in applying for

assistance for pregnant women and for children less than 6 years

old under maternal and child assistance programs and required

publication of model form in Federal Register and dissemination of

form to State agencies.

RESEARCH ON INFANT MORTALITY AND MEDICAID SERVICES

Section 6507 of Pub. L. 101-239 provided that: "The Secretary of

Health and Human Services shall develop a national data system for

linking, for any infant up to age one -

"(1) the infant's birth record,

"(2) any death record for the infant, and

"(3) information on any claims submitted under title XIX of the

Social Security Act [subchapter XIX of this chapter] for health

care furnished to the infant or with respect to the birth of the

infant."

DEMONSTRATION PROJECT ON HEALTH INSURANCE FOR MEDICALLY UNINSURABLE

CHILDREN

Section 6508 of Pub. L. 101-239 authorized Secretary of Health

and Human Services to conduct not more than 4 demonstration

projects to provide health insurance coverage through eligible

plans to medically uninsurable children under 19 years of age,

further provided for definition of eligible plan, requirements for

demonstration projects, including guarantee of insurance coverage

for at least two years, provision of non-Federal funds, as well as

further restrictions on insurance plans, and further provided for

applications for projects, evaluation of projects by Secretary and

report to Congress, and authorization of appropriations for each of

fiscal years 1991, 1992, and 1993.

MATERNAL AND CHILD HEALTH HANDBOOK

Section 6509 of Pub. L. 101-239 provided that:

"(a) In General. -

"(1) Development. - The Secretary of Health and Human Services

shall develop a maternal and child health handbook in

consultation with the National Commission to Prevent Infant

Mortality and public and private organizations interested in the

health and welfare of mothers and children.

"(2) Field testing and evaluation. - The Secretary shall

complete publication of the handbook for field testing by July 1,

1990, and shall complete field testing and evaluation by June 1,

1991.

"(3) Availability and distribution. - The Secretary shall make

the handbook available to pregnant women and families with young

children, and shall provide copies of the handbook to maternal

and child health programs (including maternal and child health

clinics supported through either title V or title XIX of the

Social Security Act [this subchapter and subchapter XIX of this

chapter], community and migrant health centers under sections 329

and 330 of the Public Health Service Act [former sections 254b

and 254c of this title], the grant program for the homeless under

section 340 of the Public Health Service Act [former section 256

of this title], the 'WIC' program under section 17 of the Child

Nutrition Act of 1966 [section 1786 of this title], and the head

start program under the Head Start Act [section 9831 et seq. of

this title]) that serve high-risk women. The Secretary shall

coordinate the distribution of the handbook with State maternal

and child health departments, State and local public health

clinics, private providers of obstetric and pediatric care, and

community groups where applicable. The Secretary shall make

efforts to involve private entities in the distribution of the

handbook under this paragraph.

"(b) Authorization of Appropriations. - There are authorized to

be appropriated $1,000,000 for each of fiscal years 1991, 1992, and

1993, for carrying out the purposes of this section."

[Reference to community health center, migrant health center,

public housing health center, or homeless health center considered

reference to health center, see section 4(c) of Pub. L. 104-299,

set out as a note under section 254b of this title.]

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 256b, 702, 705, 706, 709,

1396u-2 of this title.

-FOOTNOTE-

(!1) So in original. Probably should be capitalized.

(!2) See References in Text note below.

-End-

-CITE-

42 USC Sec. 702 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 702. Allotment to States and Federal set-aside

-STATUTE-

(a) Special projects

(1) Of the amounts appropriated under section 701(a) of this

title for a fiscal year that are not in excess of $600,000,000, the

Secretary shall retain an amount equal to 15 percent for the

purpose of carrying out activities described in section 701(a)(2)

of this title. The authority of the Secretary to enter into any

contracts under this subchapter is effective for any fiscal year

only to such extent or in such amounts as are provided in

appropriations Acts.

(2) For purposes of paragraph (1) -

(A) amounts retained by the Secretary for training shall be

used to make grants to public or nonprofit private institutions

of higher learning for training personnel for health care and

related services for mothers and children; and

(B) amounts retained by the Secretary for research shall be

used to make grants to, contracts with, or jointly financed

cooperative agreements with, public or nonprofit institutions of

higher learning and public or nonprofit private agencies and

organizations engaged in research or in maternal and child health

or programs for children with special health care needs for

research projects relating to maternal and child health services

or services for children with special health care needs which

show promise of substantial contribution to the advancement

thereof.

(3) No funds may be made available by the Secretary under this

subsection or subsection (b) of this section unless an application

therefor has been submitted to, and approved by, the Secretary.

Such application shall be in such form, be submitted in such

manner, and contain and be accompanied by such information as the

Secretary may specify. No such application may be approved unless

it contains assurances that the applicant will use the funds

provided only for the purposes specified in the approved

application and will establish such fiscal control and fund

accounting procedures as may be necessary to assure proper

disbursement and accounting of Federal funds paid to the applicant

under this subchapter.

(b) Excess funds; preference

(1)(A) Of the amounts appropriated under section 701(a) of this

title for a fiscal year in excess of $600,000,000 the Secretary

shall retain an amount equal to 12 3/4 percent thereof for the

projects described in subparagraphs (A) through (F) of section

701(a)(3) of this title.

(B) Any amount appropriated under section 701(a) of this title

for a fiscal year in excess of $600,000,000 that remains after the

Secretary has retained the applicable amount (if any) under

subparagraph (A) shall be retained by the Secretary in accordance

with subsection (a) of this section and allocated to the States in

accordance with subsection (c) of this section.

(2)(A) Of the amounts retained for the purpose of carrying out

activities described in section 701(a)(3)(A), (B), (C), (D) and (E)

of this title, the Secretary shall provide preference to qualified

applicants which demonstrate that the activities to be carried out

with such amounts shall be in areas with a high infant mortality

rate (relative to the average infant mortality rate in the United

States or in the State in which the area is located).

(B) In carrying out activities described in section 701(a)(3)(D)

of this title, the Secretary shall not provide for developing or

expanding a maternal and child health center unless the Secretary

has received satisfactory assurances that there will be applied,

towards the costs of such development or expansion, non-Federal

funds in an amount at least equal to the amount of funds provided

under this subchapter toward such development or expansion.

(c) Allotments to States

From the remaining amounts appropriated under section 701(a) of

this title for any fiscal year that are not in excess of

$600,000,000, the Secretary shall allot to each State which has

transmitted an application for the fiscal year under section 705(a)

of this title, an amount determined as follows:

(1) The Secretary shall determine, for each State -

(A)(i) the amount provided or allotted by the Secretary to

the State and to entities in the State under the provisions of

the consolidated health programs (as defined in section

701(b)(1) of this title), other than for any of the projects or

programs described in subsection (a) of this section, from

appropriations for fiscal year 1981,

(ii) the proportion that such amount for that State bears to

the total of such amounts for all the States, and

(B)(i) the number of low income children in the State, and

(ii) the proportion that such number of children for that

State bears to the total of such numbers of children for all

the States.

(2) Each such State shall be allotted for each fiscal year an

amount equal to the sum of -

(A) the amount of the allotment to the State under this

subsection in fiscal year 1983, and

(B) the State's proportion (determined under paragraph

(1)(B)(ii)) of the amount by which the allotment available

under this subsection for all the States for that fiscal year

exceeds the amount that was available under this subsection for

allotment for all the States for fiscal year 1983.

(d) Re-allotment of unallotted funds

(1) To the extent that all the funds appropriated under this

subchapter for a fiscal year are not otherwise allotted to States

either because all the States have not qualified for such

allotments under section 705(a) of this title for the fiscal year

or because some States have indicated in their descriptions of

activities under section 705(a) of this title that they do not

intend to use the full amount of such allotments, such excess shall

be allotted among the remaining States in proportion to the amount

otherwise allotted to such States for the fiscal year without

regard to this paragraph.

(2) To the extent that all the funds appropriated under this

subchapter for a fiscal year are not otherwise allotted to States

because some State allotments are offset under section 706(b)(2) of

this title, such excess shall be allotted among the remaining

States in proportion to the amount otherwise allotted to such

States for the fiscal year without regard to this paragraph.

-SOURCE-

(Aug. 14, 1935, ch. 531, title V, Sec. 502, as added Pub. L. 97-35,

title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 819; amended Pub.

L. 99-272, title IX, Sec. 9527(d), Apr. 7, 1986, 100 Stat. 219;

Pub. L. 99-509, title IX, Sec. 9441(b), Oct. 21, 1986, 100 Stat.

2071; Pub. L. 101-239, title VI, Secs. 6502(a), 6503(c)(1), (4),

Dec. 19, 1989, 103 Stat. 2275, 2278.)

-MISC1-

PRIOR PROVISIONS

A prior section 702, act Aug. 14, 1935, ch. 531, title V, Sec.

502, as added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81

Stat. 921; amended July 10, 1972, Pub. L. 92-345, Sec. 1, 86 Stat.

456; July 1, 1973, Pub. L. 93-53, Sec. 4(a)(1), (2), 87 Stat. 135,

prescribed purposes for which funds were available, prior to the

general revision of this subchapter by section 2192(a) of Pub. L.

97-35. For effective date, savings, and transitional provisions,

see section 2194 of Pub. L. 97-35, set out as a note under section

701 of this title.

Another prior section 702, acts Aug. 14, 1935, ch. 531, title V,

Sec. 502, 49 Stat. 629; Aug. 10, 1939, ch. 666, title V, Sec. 502,

53 Stat. 1380; 1946 Reorg. Plan No. 2, Sec. 1, eff. July 16, 1946,

11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, Sec.

401(b)(2), (3), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III,

pt. 3, Sec. 331(b), pt. 6, Sec. 361(e), 64 Stat. 551, 558; Aug. 28,

1958, Pub. L. 85-840, title VI, Sec. 602(b), (c), 72 Stat. 1055;

Sept. 13, 1960, Pub. L. 86-778, title VII, Sec. 707(a)(1)(B), (C),

(b)(1)(A), 74 Stat. 995, 996; Oct. 24, 1963, Pub. L. 88-156, Sec.

2(b), (c), 77 Stat. 273, provided for allotment to States for

maternal and child health services, prior to the general amendment

of title V of the Social Security Act by Pub. L. 90-248, Sec. 301,

and was covered by former section 703 of this title.

AMENDMENTS

1989 - Subsec. (a)(1). Pub. L. 101-239, Sec. 6502(a)(1), amended

first sentence generally. Prior to amendment, first sentence read

as follows: "Of the amounts appropriated under section 701(a) of

this title for a fiscal year that are not in excess of

$478,000,000, the Secretary shall retain an amount equal to 15

percent thereof in the case of fiscal year 1982, and an amount

equal to not less than 10, nor more than 15, percent thereof in the

case of each fiscal year thereafter, for the purpose of carrying

out (through grants, contracts, or otherwise) special projects of

regional and national significance, training, and research and for

the funding of genetic disease testing, counseling, and information

development and dissemination programs and of comprehensive

hemophilia diagnostic and treatment centers."

Subsec. (a)(3). Pub. L. 101-239, Sec. 6502(a)(2), inserted "or

subsection (b) of this section" after "this subsection".

Subsec. (b). Pub. L. 101-239, Sec. 6502(a)(3), added subsec. (b).

Former subsec. (b) redesignated (c).

Subsec. (c). Pub. L. 101-239, Sec. 6503(c)(4), which directed

amendment of subsec. (b) by substituting "705(a)" for "705", was

executed to subsec. (c) to reflect the probable intent of Congress

and the intervening redesignation of former subsec. (b) as (c) by

Pub. L. 101-239, Sec. 6502(a)(3), see below.

Pub. L. 101-239, Sec. 6503(c)(1), substituted "an application"

for "a description of intended activities and statement of

assurances" in introductory provisions.

Pub. L. 101-239, Sec. 6502(a)(4)(A), substituted "$600,000,000"

for "$478,000,000" in introductory provisions.

Pub. L. 101-239, Sec. 6502(a)(3), redesignated subsec. (b) as (c)

and struck out former subsec. (c) which related to special projects

for children.

Subsec. (c)(2). Pub. L. 101-239, Sec. 6502(a)(4)(B), amended par.

(2) generally, substituting provisions basing each State's

allotment for each fiscal year upon 1983 amounts for former

provisions setting forth formulas for allotments for fiscal years

1982 and 1983 and for each year beginning with fiscal year 1984.

Subsec. (d)(1). Pub. L. 101-239, Sec. 6503(c)(4), substituted

"705(a)" for "705" in two places.

1986 - Subsec. (a)(1). Pub. L. 99-509, Sec. 9441(b)(1),

substituted "amounts appropriated under section 701(a) of this

title for a fiscal year that are not in excess of $478,000,000" for

"amount appropriated under section 701(a) of this title".

Subsec. (a)(2)(B). Pub. L. 99-272 substituted "programs for

children with special health care needs" for "crippled children's

programs" and "services for children with special health care

needs" for "crippled children's services".

Subsec. (b). Pub. L. 99-509, Sec. 9441(b)(2), inserted "that are

not in excess of $478,000,000" in introductory provisions and

struck out par. (3) which read as follows:

"(A) To the extent that all the funds appropriated under this

subchapter for a fiscal year are not otherwise allotted to States

either because all the States have not qualified for such

allotments under section 705 of this title for the fiscal year or

because some States have indicated in their descriptions of

activities under section 705 of this title that they do not intend

to use the full amount of such allotments, such excess shall be

allotted among the remaining States in proportion to the amount

otherwise allotted to such States for the fiscal year without

regard to this subparagraph.

"(B) To the extent that all the funds appropriated under this

subchapter for a fiscal year are not otherwise allotted to States

because some State allotments are offset under section 706(b)(2) of

this title, such excess shall be allotted among the remaining

States in proportion to the amount otherwise allotted to such

States for the fiscal year without regard to this subparagraph."

Subsecs. (c), (d). Pub. L. 99-509, Sec. 9441(b)(3), added

subsecs. (c) and (d).

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 6502(a) of Pub. L. 101-239 applicable to

appropriations for fiscal years beginning with fiscal year 1990,

and amendment by section 6503(c)(1), (4) of Pub. L. 101-239

applicable to payments for allotments for fiscal years beginning

with fiscal year 1991, see section 6510(a), (b)(1) of Pub. L.

101-239, set out as a note under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 300b-6, 701, 703, 704,

706, 708, 709, 710 of this title.

-End-

-CITE-

42 USC Sec. 703 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 703. Payments to States

-STATUTE-

(a) Statutory provisions applicable

From the sums appropriated therefor and the allotments available

under section 702(c) of this title, the Secretary shall make

payments as provided by section 6503(a) of title 31 to each State

provided such an allotment under section 702(c) of this title, for

each quarter, of an amount equal to four-sevenths of the total of

the sums expended by the State during such quarter in carrying out

the provisions of this subchapter.

(b) Unobligated allotments

Any amount payable to a State under this subchapter from

allotments for a fiscal year which remains unobligated at the end

of such year shall remain available to such State for obligation

during the next fiscal year. No payment may be made to a State

under this subchapter from allotments for a fiscal year for

expenditures made after the following fiscal year.

(c) Reduction of payments; fair market value of supplies or

equipment, value of salaries, travel expenses, etc.

The Secretary, at the request of a State, may reduce the amount

of payments under subsection (a) of this section by -

(1) the fair market value of any supplies or equipment

furnished the State, and

(2) the amount of the pay, allowances, and travel expenses of

any officer or employee of the Government when detailed to the

State and the amount of any other costs incurred in connection

with the detail of such officer or employee,

when the furnishing of supplies or equipment or the detail of an

officer or employee is for the convenience of and at the request of

the State and for the purpose of conducting activities described in

section 705(a) of this title on a temporary basis. The amount by

which any payment is so reduced shall be available for payment by

the Secretary of the costs incurred in furnishing the supplies or

equipment or in detailing the personnel, on which the reduction of

the payment is based, and the amount shall be deemed to be part of

the payment and shall be deemed to have been paid to the State.

-SOURCE-

(Aug. 14, 1935, ch. 531, title V, Sec. 503, as added Pub. L. 97-35,

title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 821; amended Pub.

L. 98-369, div. B, title III, Sec. 2373(a)(1), July 18, 1984, 98

Stat. 1111; Pub. L. 101-239, title VI, Secs. 6502(b), 6503(c)(4),

Dec. 19, 1989, 103 Stat. 2276, 2278.)

-MISC1-

PRIOR PROVISIONS

A prior section 703, act Aug. 14, 1935, ch. 531, title V, Sec.

503, as added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81

Stat. 922, related to allotments to States for maternal and child

health services, prior to the general revision of this subchapter

by section 2192(a) of Pub. L. 97-35. See section 702 of this title.

For effective date, savings, and transitional provisions, see

section 2194 of Pub. L. 97-35, set out as a note under section 701

of this title.

Another prior section 703, acts Aug. 14, 1935, ch. 531, title V,

Sec. 503, 49 Stat. 630; Aug. 10, 1939, ch. 666, title V, Sec. 503,

53 Stat. 1380; 1946 Reorg. Plan No. 2, Secs. 1, 4, eff. July 16,

1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 28, 1950, ch. 809 title

III, pt. 6, Sec. 361(e), 64 Stat. 558; July 30, 1965, Pub. L.

89-97, title II, Sec. 204(a), 79 Stat. 354, related to contents of

State plans for maternal and child health services and their

approval by the Administrator, prior to the general amendment of

title V of the Social Security Act by Pub. L. 90-248, Sec. 301, and

was covered by former section 705 of this title.

Provisions similar to those comprising former section 703 were

contained in section 502 of act Aug. 14, 1935, ch. 531, title V, 49

Stat. 629, as amended (formerly classified to section 702 of this

title), prior to the general amendment and renumbering of title V

of act Aug. 14, 1935, by Pub. L. 90-248, Sec. 301.

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-239, Sec. 6502(b), substituted

"702(c)" for "702(b)" in two places.

Subsec. (c). Pub. L. 101-239, Sec. 6503(c)(4), substituted

"705(a)" for "705" in penultimate sentence.

1984 - Subsec. (a). Pub. L. 98-369 substituted "section 6503(a)

of title 31" for "section 203 of the Intergovernmental Cooperation

Act of 1968 (42 U.S.C. 4213)".

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 6502(b) of Pub. L. 101-239 applicable to

appropriations for fiscal years beginning with fiscal year 1990,

and amendment by section 6503(c)(4) of Pub. L. 101-239 applicable

to payments for allotments for fiscal years beginning with fiscal

year 1991, see section 6510(a), (b)(1) of Pub. L. 101-239, set out

as a note under section 701 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 704, 705, 710 of this

title.

-End-

-CITE-

42 USC Sec. 703a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 703a. Omitted

-COD-

CODIFICATION

Section, Pub. L. 90-132, title II, Nov. 8, 1967, 81 Stat. 404,

which provided for approval by Secretary of any State plan which

provided standards for professional obstetrical services in

accordance with the laws of the State, was not repeated in the

Department of Health, Education, and Welfare Appropriation Act,

1969. Similar provisions were contained in the following prior

appropriation acts:

Nov. 7, 1966, Pub. L. 87-787, title II, 80 Stat. 1397.

Aug. 31, 1965, Pub. L. 89-156, title II, 79 Stat. 605.

Sept. 19, 1964, Pub. L. 88-605, title II, 78 Stat. 976.

Oct. 11, 1963, Pub. L. 88-136, title II, 77 Stat. 240.

Aug. 14, 1962, Pub. L. 87-582, title II, 76 Stat. 376.

Sept. 22, 1961, Pub. L. 87-290, title II, 75 Stat. 605.

Sept. 2, 1960, Pub. L. 86-703, title II, 74 Stat. 770.

Aug. 14, 1959, Pub. L. 86-158, title II, 73 Stat. 353.

Aug. 1, 1958, Pub. L. 85-580, title II, 72 Stat. 472.

June 29, 1957, Pub. L. 85-67, title II, 71 Stat. 222.

June 29, 1956, ch. 477, title II, 70 Stat. 434.

Aug. 1, 1955, ch. 437, title II, 69 Stat. 408.

July 2, 1954, ch. 457, title II, 68 Stat. 444.

July 31, 1953, ch. 296, title II, 67 Stat. 255.

July 5, 1952, ch. 575, title II, 66 Stat. 368.

Aug. 31, 1951, ch. 373, title II, 65 Stat. 219.

Sept. 6, 1950, ch. 896, ch. V, title II, 64 Stat. 653.

June 29, 1949, ch. 275, title II, 63 Stat. 284.

June 16, 1948, ch. 472, title I, 62 Stat. 447.

July 8, 1947, ch. 210, title II, 61 Stat. 273.

July 26, 1946, title I, 60 Stat. 681.

July 3, 1945, ch. 263, title I, 59 Stat. 363.

-End-

-CITE-

42 USC Sec. 704 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 704. Use of allotment funds

-STATUTE-

(a) Covered services

Except as otherwise provided under this section, a State may use

amounts paid to it under section 703 of this title for the

provision of health services and related activities (including

planning, administration, education, and evaluation and including

payment of salaries and other related expenses of National Health

Service Corps personnel) consistent with its application

transmitted under section 705(a) of this title.

(b) Restrictions

Amounts described in subsection (a) of this section may not be

used for -

(1) inpatient services, other than inpatient services provided

to children with special health care needs or to high-risk

pregnant women and infants and such other inpatient services as

the Secretary may approve;

(2) cash payments to intended recipients of health services;

(3) the purchase or improvement of land, the purchase,

construction, or permanent improvement (other than minor

remodeling) of any building or other facility, or the purchase of

major medical equipment;

(4) satisfying any requirement for the expenditure of

non-Federal funds as a condition for the receipt of Federal

funds;

(5) providing funds for research or training to any entity

other than a public or nonprofit private entity; or

(6) payment for any item or service (other than an emergency

item or service) furnished -

(A) by an individual or entity during the period when such

individual or entity is excluded under this subchapter or

subchapter XVIII, XIX, or XX of this chapter pursuant to

section 1320a-7, 1320a-7a, 1320c-5, or 1395u(j)(2) of this

title, or

(B) at the medical direction or on the prescription of a

physician during the period when the physician is excluded

under this subchapter or subchapter XVIII, XIX, or XX of this

chapter pursuant to section 1320a-7, 1320a-7a, 1320c-5, or

1395u(j)(2) of this title and when the person furnishing such

item or service knew or had reason to know of the exclusion

(after a reasonable time period after reasonable notice has

been furnished to the person).

The Secretary may waive the limitation contained in paragraph (3)

upon the request of a State if the Secretary finds that there are

extraordinary circumstances to justify the waiver and that granting

the waiver will assist in carrying out this subchapter.

(c) Use of portion of funds

A State may use a portion of the amounts described in subsection

(a) of this section for the purpose of purchasing technical

assistance from public or private entities if the State determines

that such assistance is required in developing, implementing, and

administering programs funded under this subchapter.

(d) Limitation on use of funds for administrative costs

Of the amounts paid to a State under section 703 of this title

from an allotment for a fiscal year under section 702(c) of this

title, not more than 10 percent may be used for administering the

funds paid under such section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title V, Sec. 504, as added Pub. L. 97-35,

title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 821; amended Pub.

L. 99-272, title IX, Sec. 9527(e), Apr. 7, 1986, 100 Stat. 219;

Pub. L. 100-93, Sec. 8(a), Aug. 18, 1987, 101 Stat. 692; Pub. L.

100-203, title IV, Sec. 4118(e)(12), Dec. 22, 1987, as added Pub.

L. 100-360, title IV, Sec. 411(k)(10)(D), July 1, 1988, 102 Stat.

796, and amended Pub. L. 100-485, title VI, Sec. 608(d)(26)(K)(ii),

Oct. 13, 1988, 102 Stat. 2422; Pub. L. 101-239, title VI, Sec.

6503(a), (c)(2), (4), Dec. 19, 1989, 103 Stat. 2276, 2278.)

-MISC1-

PRIOR PROVISIONS

A prior section 704, act Aug. 14, 1935, ch. 531, title V, Sec.

504, as added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81

Stat. 922, related to allotments to States for crippled children's

services, prior to the general revision of this subchapter by

section 2192(a) of Pub. L. 97-35. See section 702 of this title.

For effective date, savings, and transitional provisions, see

section 2194 of Pub. L. 97-35, set out as a note under section 701

of this title.

Another prior section 704, acts Aug. 14, 1935, ch. 531, title V,

Sec. 504, 49 Stat. 630; 1940 Reorg. Plan No. III, Sec. 1(a), eff.

June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; 1946 Reorg. Plan No. 2,

Sec. 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 28,

1950, ch. 809, title III, pt. 6, Sec. 361(e), 64 Stat. 558; Sept.

13, 1960, Pub. L. 86-778, title VII, Sec. 707(b)(1)(B), 74 Stat.

996; July 30, 1965, Pub. L. 89-97, title II, Sec. 201(b), 79 Stat.

353, provided for payment to States with an approved plan for

maternal and child-health services and computation of amounts, and

prescribed general availability of services by July 1, 1975, as

requisite for payments for any period after June 30, 1966, prior to

the general amendment of title V of the Social Security Act by Pub.

L. 90-248, Sec. 301, and was covered by former section 706 of this

title.

Provisions similar to those comprising former section 704 were

contained in section 512 of act Aug. 14, 1935, ch. 531, title V, 49

Stat. 631, as amended (formerly classified to section 712 of this

title), prior to the general amendment and renumbering of title V

of act Aug. 14, 1935, by Pub. L. 90-248, Sec. 301.

AMENDMENTS

1989 - Subsec. (a). Pub. L. 101-239, Sec. 6503(c)(2), (4),

substituted "its application" for "its description of intended

expenditures and statement of assurances" and "705(a)" for "705".

Pub. L. 101-239, Sec. 6503(a)(1), inserted "and including payment

of salaries and other related expenses of National Health Service

Corps personnel" after "education, and evaluation".

Subsec. (d). Pub. L. 101-239, Sec. 6503(a)(2), added subsec. (d).

1988 - Subsec. (b)(6). Pub. L. 100-360, as amended by Pub. L.

100-485, added Pub. L. 100-203, Sec. 4118(e)(12), see 1987

Amendment note below.

1987 - Subsec. (b)(6). Pub. L. 100-203, Sec. 4118(e)(12), as

added by Pub. L. 100-360 and amended by Pub. L. 100-485,

substituted "under this subchapter or subchapter XVIII, XIX, or XX

of this chapter pursuant to section 1320a-7, 1320a-7a, 1320c-5, or

1395u(j)(2) of this title" for "pursuant to section 1320a-7 of this

title or section 1320a-7a of this title from participation in the

program under this subchapter" in subpars. (A) and (B).

Pub. L. 100-93 added par. (6).

1986 - Subsec. (b)(1). Pub. L. 99-272 substituted "children with

special health care needs" for "crippled children".

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 6503(a) of Pub. L. 101-239 applicable to

appropriations for fiscal years beginning with fiscal year 1990,

and amendment by section 6503(c)(2), (4) of Pub. L. 101-239

applicable to payments for allotments for fiscal years beginning

with fiscal year 1991, see section 6510(a), (b)(1) of Pub. L.

101-239, set out as a note under section 701 of this title.

EFFECTIVE DATE OF 1988 AMENDMENTS

Section 608(g) of Pub. L. 100-485 provided that:

"(1) The amendments made by subsections (a), (b), and (d)

[amending this section and sections 1320a-7, 1320a-7a, 1320b-10,

1320c-3, 1395i-2, 1395i-3, 1395l, 1395m, 1395r, 1395s, 1395t-1,

1395t-2, 1395u, 1395v, 1395w-2, 1395w-3, 1395x, 1395y, 1395aa to

1395dd, 1395mm, 1395tt, 1395ww, 1395aaa to 1395ccc, 1396a, 1396b,

1396d, 1396i, 1396n, 1396p, 1396r, 1396r-1, 1396r-4, 1396r-5,

1396s, and 1397d of this title, repealing section 1320a-2 of this

title, enacting provisions set out as a note under section 1320a-2

of this title, and amending provisions set out as notes under

sections 1320c-5, 1395b, 1395d, 1395e, 1395i-3, 1395u, 1395ll,

1395mm, 1395ss, 1395tt, 1395ww, 1396a, 1396d, and 1396r-5 of this

title] shall be effective as if included in the enactment of the

Medicare Catastrophic Coverage Act of 1988 [Pub. L. 100-360].

"(2) The amendments made by subsection (c) and subsection (f)

(other than paragraph (5)) [amending sections 1395cc, 1396b, 1396d,

and 1396n of this title, enacting provisions set out as a note

under section 1395k of this title, and amending provisions set out

as a note under section 1395k of this title] shall take effect on

the date of the enactment of this Act [Oct. 13, 1988]."

Except as specifically provided in section 411 of Pub. L.

100-360, amendment by Pub. L. 100-360, as it relates to a provision

in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203,

effective as if included in the enactment of that provision in Pub.

L. 100-203, see section 411(a) of Pub. L. 100-360, set out as a

Reference to OBRA; Effective Date note under section 106 of Title

1, General Provisions.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by Pub. L. 100-93 effective at end of fourteen-day

period beginning Aug. 18, 1987, and inapplicable to administrative

proceedings commenced before end of such period, see section 15(a)

of Pub. L. 100-93, set out as a note under section 1320a-7 of this

title.

-End-

-CITE-

42 USC Sec. 704a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 704a. Omitted

-COD-

CODIFICATION

Section, Pub. L. 92-80, title II, Aug. 10, 1971, 85 Stat. 290,

which provided that certain allotments to States were not to be

included in computing amounts expended or estimated to be expended

by the State under subsecs. (a) and (b) of section 706 of this

title, was not repeated in the Department of Health, Education, and

Welfare Appropriation Act, 1973. Similar provisions were contained

in the following prior appropriation acts:

Jan. 11, 1971, Pub. L. 91-667, 84 Stat. 2006.

Mar. 5, 1970, Pub. L. 91-204, title II, 84 Stat. 39.

Oct. 11, 1968, Pub. L. 90-557, title II, 82 Stat. 987.

Nov. 8, 1967, Pub. L. 90-132, title II, 81 Stat. 403.

Nov. 7, 1966, Pub. L. 89-787, title II, 80 Stat. 1396.

Aug. 31, 1965, Pub. L. 89-156, title II, 79 Stat. 605.

Sept. 10, 1964, Pub. L. 88-605, title II, 78 Stat. 975.

Oct. 11, 1963, Pub. L. 88-136, title II, 77 Stat. 240.

Aug. 14, 1962, Pub. L. 87-582, title II, 76 Stat. 376.

Sept. 22, 1961, Pub. L. 87-290, title II, 75 Stat. 605.

Sept. 2, 1960, Pub. L. 86-703, title II, 74 Stat. 770.

Aug. 14, 1959, Pub. L. 86-158, title II, 73 Stat. 353.

Aug. 1, 1958, Pub. L. 85-580, title II, 72 Stat. 472.

June 29, 1957, Pub. L. 85-67, title II, 71 Stat. 222.

June 29, 1956, ch. 477, title II, 70 Stat. 434.

Aug. 1, 1955, ch. 437, title II, 69 Stat. 409.

July 2, 1954, ch. 457, title II, 68 Stat. 444.

July 31, 1953, ch. 296, title II, 67 Stat. 255.

July 5, 1952, ch. 575, title II, 66 Stat. 368.

Aug. 31, 1951, ch. 373, title II, 65 Stat. 219.

Sept. 6, 1950, ch. 896, ch. V, title II, 64 Stat. 653.

June 29, 1949, ch. 275, title II, 63 Stat. 284.

June 16, 1948, ch. 472, title I, 62 Stat. 447.

July 8, 1947, ch. 210, title II, 61 Stat. 273.

July 26, 1946, ch. 672, title I, 60 Stat. 681.

July 3, 1945, ch. 263, title I, 59 Stat. 364.

June 28, 1944, ch. 302, title I, 58 Stat. 550.

July 12, 1943, ch. 221, title I, 57 Stat. 497.

July 2, 1942, ch. 475, title I, 56 Stat. 565.

July 1, 1941, ch. 269, title I, 55 Stat. 469.

June 26, 1940, ch. 428, title I, 54 Stat. 578.

June 29, 1939, ch. 249, 53 Stat. 924.

Aug. 9, 1939, ch. 633, title I, 53 Stat. 1320.

Apr. 27, 1938, ch. 180, title IV, 52 Stat. 288.

June 16, 1937, ch. 359, title IV, 50 Stat. 301.

May 15, 1936, ch. 405, 49 Stat. 1350.

-End-

-CITE-

42 USC Sec. 704b 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 704b. Nonavailability of allotments after close of fiscal year

-STATUTE-

No allotment for this or any succeeding fiscal year under this

subchapter shall be available after the close of such fiscal year

except as may be necessary to liquidate obligations incurred during

such year.

-SOURCE-

(July 5, 1952, ch. 575, title II, Sec. 201, 66 Stat. 368.)

-COD-

CODIFICATION

Section is from act July 5, 1952, popularly known as the Federal

Security Agency Appropriation Act, 1953, and is not a part of the

Social Security Act which comprises this chapter.

-End-

-CITE-

42 USC Sec. 705 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 705. Application for block grant funds

-STATUTE-

(a) In order to be entitled to payments for allotments under

section 702 of this title for a fiscal year, a State must prepare

and transmit to the Secretary an application (in a standardized

form specified by the Secretary) that -

(1) contains a statewide needs assessment (to be conducted

every 5 years) that shall identify (consistent with the health

status goals and national health objectives referred to in

section 701(a) of this title) the need for -

(A) preventive and primary care services for pregnant women,

mothers, and infants up to age one;

(B) preventive and primary care services for children; and

(C) services for children with special health care needs (as

specified in section 701(a)(1)(D) of this title);

(2) includes for each fiscal year -

(A) a plan for meeting the needs identified by the statewide

needs assessment under paragraph (1); and

(B) a description of how the funds allotted to the State

under section 702(c) of this title will be used for the

provision and coordination of services to carry out such plan

that shall include -

(i) subject to paragraph (3), a statement of the goals and

objectives consistent with the health status goals and

national health objectives referred to in section 701(a) of

this title for meeting the needs specified in the State plan

described in subparagraph (A);

(ii) an identification of the areas and localities in the

State in which services are to be provided and coordinated;

(iii) an identification of the types of services to be

provided and the categories or characteristics of individuals

to be served; and

(iv) information the State will collect in order to prepare

reports required under section 706(a) of this title;

(3) except as provided under subsection (b) of this section,

provides that the State will use -

(A) at least 30 percent of such payment amounts for

preventive and primary care services for children, and

(B) at least 30 percent of such payment amounts for services

for children with special health care needs (as specified in

section 701(a)(1)(D) of this title);

(4) provides that a State receiving funds for maternal and

child health services under this subchapter shall maintain the

level of funds being provided solely by such State for maternal

and child health programs at a level at least equal to the level

that such State provided for such programs in fiscal year 1989;

and

(5) provides that -

(A) the State will establish a fair method (as determined by

the State) for allocating funds allotted to the State under

this subchapter among such individuals, areas, and localities

identified under paragraph (1)(A) as needing maternal and child

health services, and the State will identify and apply

guidelines for the appropriate frequency and content of, and

appropriate referral and followup with respect to, health care

assessments and services financially assisted by the State

under this subchapter and methods for assuring quality

assessments and services;

(B) funds allotted to the State under this subchapter will

only be used, consistent with section 708 of this title, to

carry out the purposes of this subchapter or to continue

activities previously conducted under the consolidated health

programs (described in section 701(b)(1) of this title);

(C) the State will use -

(i) special consideration (where appropriate) for the

continuation of the funding of special projects in the State

previously funded under this subchapter (as in effect before

August 31, 1981), and

(ii) a reasonable proportion (based upon the State's

previous use of funds under this subchapter) of such sums to

carry out the purposes described in subparagraphs (A) through

(D) of section 701(a)(1) of this title;

(D) if any charges are imposed for the provision of health

services assisted by the State under this subchapter, such

charges (i) will be pursuant to a public schedule of charges,

(ii) will not be imposed with respect to services provided to

low income mothers or children, and (iii) will be adjusted to

reflect the income, resources, and family size of the

individual provided the services;

(E) the State agency (or agencies) administering the State's

program under this subchapter will provide for a toll-free

telephone number (and other appropriate methods) for the use of

parents to access information about health care providers and

practitioners who provide health care services under this

subchapter and subchapter XIX of this chapter and about other

relevant health and health-related providers and practitioners;

and

(F) the State agency (or agencies) administering the State's

program under this subchapter will -

(i) participate in the coordination of activities between

such program and the early and periodic screening,

diagnostic, and treatment program under section

1396d(a)(4)(B) of this title (including the establishment of

periodicity and content standards for early and periodic

screening, diagnostic, and treatment services), to ensure

that such programs are carried out without duplication of

effort,

(ii) participate in the arrangement and carrying out of

coordination agreements described in section 1396a(a)(11) of

this title (relating to coordination of care and services

available under this subchapter and subchapter XIX of this

chapter),

(iii) participate in the coordination of activities within

the State with programs carried out under this subchapter and

related Federal grant programs (including supplemental food

programs for mothers, infants, and children, related

education programs, and other health, developmental

disability, and family planning programs), and

(iv) provide, directly and through their providers and

institutional contractors, for services to identify pregnant

women and infants who are eligible for medical assistance

under subparagraph (A) or (B) of section 1396a(l)(1) of this

title and, once identified, to assist them in applying for

such assistance.

The application shall be developed by, or in consultation with, the

State maternal and child health agency and shall be made public

within the State in such manner as to facilitate comment from any

person (including any Federal or other public agency) during its

development and after its transmittal.

(b) The Secretary may waive the requirements under subsection

(a)(3) of this section that a State's application for a fiscal year

provide for the use of funds for specific activities if for that

fiscal year -

(1) the Secretary determines -

(A) on the basis of information provided in the State's most

recent annual report submitted under section 706(a)(1) of this

title, that the State has demonstrated an extraordinary unmet

need for one of the activities described in subsection (a)(3)

of this section, and

(B) that the granting of the waiver is justified and will

assist in carrying out the purposes of this subchapter; and

(2) the State provides assurances to the Secretary that the

State will provide for the use of some amounts paid to it under

section 703 of this title for the activities described in

subparagraphs (A) and (B) of subsection (a)(3) of this section

and specifies the percentages to be substituted in each of such

subparagraphs.

-SOURCE-

(Aug. 14, 1935, ch. 531, title V, Sec. 505, as added Pub. L. 97-35,

title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 822; amended Pub.

L. 97-248, title I, Sec. 137(b)(3), (4), Sept. 3, 1982, 96 Stat.

377; Pub. L. 101-239, title VI, Secs. 6501(b), 6503(b), Dec. 19,

1989, 103 Stat. 2275, 2276; Pub. L. 101-508, title IV, Sec.

4755(c)(3), Nov. 5, 1990, 104 Stat. 1388-210.)

-MISC1-

PRIOR PROVISIONS

A prior section 705, act Aug. 14, 1935, ch. 531, title V, Sec.

505, as added and amended Jan. 2, 1968, Pub. L. 90-248, title III,

Secs. 301, 304(a), 81 Stat. 923, 929; July 10, 1972, Pub. L.

92-345, Sec. 2(a)-(c), 86 Stat. 456, 457; Oct. 30, 1972, Pub. L.

92-603, title II, Secs. 221(c)(1), 232(b), 239(c), 86 Stat. 1389,

1411, 1417; July 1, 1973, Pub. L. 93-53, Sec. 4(a)(3)-(5), 87 Stat.

135; Dec. 5, 1980, Pub. L. 96-499, title IX, Sec. 914(c)(1), 94

Stat. 2622, related to contents of State plans, approval by

Secretary, etc., prior to the general revision of this subchapter

by section 2192(a) of Pub. L. 97-35. For effective date, savings,

and transitional provisions, see section 2194 of Pub. L. 97-35, set

out as a note under section 701 of this title. For effective dates

of prior amendments, see section 304(b) of Pub. L. 90-248, sections

232(c) and 239(d) of Pub. L. 92-603, and section 914(c)(2) of Pub.

L. 96-499 as amended by section 137(c)(2) of Pub. L. 97-248.

Another prior section 705, acts Aug. 14, 1935, ch. 531, title V,

Sec. 505, 49 Stat. 631; 1946 Reorg. Plan No. 2, Sec. 1, eff. July

16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 28, 1950, ch. 809,

title III, pt. 6, Sec. 361(e), 64 Stat. 558, provided for stopping

payment on failure to comply with plan for maternal and child

health services, prior to the general amendment of title V of the

Social Security Act by Pub. L. 90-248, Sec. 301, and was covered by

former section 707 of this title.

Provisions similar to those comprising former section 705 were

contained in sections 503 and 513 of act Aug. 14, 1935, ch. 531,

title V, 49 Stat. 630, 632, as amended (formerly classified to

sections 703 and 713 of this title), prior to the general amendment

and renumbering of title V of act Aug. 14, 1935, by Pub. L. 90-248,

Sec. 301.

AMENDMENTS

1990 - Subsec. (b). Pub. L. 101-508 substituted "requirements"

for "requirement" in introductory provisions.

1989 - Pub. L. 101-239, Sec. 6503(b)(1), substituted "Application

for block grant funds" for "Description of intended expenditures

and statement of assurances" in section catchline.

Subsec. (a). Pub. L. 101-239, Sec. 6503(b)(2), (3), inserted

"(a)" before "In order to be entitled" and "an application (in a

standardized form specified by the Secretary) that" after "must

prepare and transmit to the Secretary".

Subsec. (a)(1). Pub. L. 101-239, Sec. 6503(b)(4), added par. (1)

and struck out former par. (1) which read as follows: "a report

describing the intended use of payments the State is to receive

under this subchapter for the fiscal year, including (A) a

description of those populations, areas, and localities in the

State which the State has identified as needing maternal and child

health services, (B) a statement of goals and objectives for

meeting those needs, (C) information on the types of services to be

provided and the categories or characteristics of individuals to be

served, and (D) data the State intends to collect respecting

activities conducted with such payments; and".

Subsec. (a)(2) to (4). Pub. L. 101-239, Sec. 6503(b)(4), added

pars. (2) to (4) and redesignated former par. (2) as (5).

Subsec. (a)(5). Pub. L. 101-239, Sec. 6503(b)(5)(A), (6), in

introductory provisions, substituted "provides" for "a statement of

assurances that represents to the Secretary", and in concluding

provisions, substituted "The application shall be developed by, or

in consultation with, the State maternal and child health agency

and shall be made public within the State in such manner as to

facilitate comment from any person (including any Federal or other

public agency) during its development and after its transmittal."

for "The description and statement shall be made public within the

State in such manner as to facilitate comment from any person

(including any Federal or other public agency) during development

of the description and statement and after its transmittal. The

description and statement shall be revised (consistent with this

section) throughout the year as may be necessary to reflect

substantial changes in any element of such description or

statement, and any revision shall be subject to the requirements of

the preceding sentence."

Pub. L. 101-239, Sec. 6503(b)(4), redesignated former par. (2) as

(5).

Subsec. (a)(5)(A). Pub. L. 101-239, Sec. 6503(b)(5)(B),

substituted "will establish" for "will provide".

Subsec. (a)(5)(C)(i). Pub. L. 101-239, Sec. 6503(b)(5)(C),

amended cl. (i) generally. Prior to amendment, cl. (i) read as

follows: "a substantial proportion of the sums expended by the

State for carrying out this subchapter for the provision of health

services to mothers and children, with special consideration given

(where appropriate) to the continuation of the funding of special

projects in the State previously funded under this subchapter (as

in effect before August 13, 1981), and".

Subsec. (a)(5)(C)(ii). Pub. L. 101-239, Sec. 6501(b), substituted

"subparagraphs (A) through (D) of section 701(a)(1) of this title"

for "paragraphs (1) through (3) of section 701(a) of this title".

Subsec. (a)(5)(E). Pub. L. 101-239, Sec. 6503(b)(5)(D), (E),

added subpar. (E). Former subpar. (E) redesignated (F).

Subsec. (a)(5)(F). Pub. L. 101-239, Sec. 6503(b)(5)(F)(i), struck

out "participate" after "under this subchapter will" in

introductory provisions.

Pub. L. 101-239, Sec. 6503(b)(5)(E), redesignated subpar. (E) as

(F).

Subsec. (a)(5)(F)(i). Pub. L. 101-239, Sec.

6503(b)(5)(F)(ii)-(iv), inserted "participate" before "in the

coordination" and substituted "diagnostic" for "diagnosis" and

"section 1396d(a)(4)(B) of this title (including the establishment

of periodicity and content standards for early and periodic

screening, diagnostic, and treatment services)" for "subchapter XIX

of this chapter".

Subsec. (a)(5)(F)(ii). Pub. L. 101-239, Sec. 6503(b)(5)(F)(iv),

inserted "participate" before "in the arrangement".

Subsec. (a)(5)(F)(iii). Pub. L. 101-239, Sec. 6503(b)(5)(F)(iv),

inserted "participate" before "in the coordination".

Subsec. (a)(5)(F)(iv). Pub. L. 101-239, Sec.

6503(b)(5)(F)(v)-(vii), added cl. (iv).

Subsec. (b). Pub. L. 101-239, Sec. 6503(b)(7), added subsec. (b).

1982 - Par. (2)(B). Pub. L. 97-248, Sec. 137(b)(3), substituted

"section 701(b)(1)" for "section 702(b)(1)".

Subsec. (2)(D). Pub. L. 97-248, Sec. 137(b)(4), substituted "any

charges are imposed" for "the State imposes any charges".

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 6501(b) of Pub. L. 101-239 applicable to

appropriations for fiscal years beginning with fiscal year 1990,

and amendment by section 6503(b) of Pub. L. 101-239 applicable to

payments for allotments for fiscal years beginning with fiscal year

1991, see section 6510(a), (b)(1) of Pub. L. 101-239, set out as a

note under section 701 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by section 137 of Pub. L. 97-248 effective as if

originally included as part of this section as this section was

amended by the Omnibus Budget Reconciliation Act of 1981, Pub. L.

97-35, see section 137(d)(2) of Pub. L. 97-248, set out as a note

under section 1396a of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 702, 703, 704, 706, 709,

710, 4728 of this title.

-End-

-CITE-

42 USC Sec. 706 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 706. Administrative and fiscal accountability

-STATUTE-

(a) Annual reporting requirements; form, etc.

(1) Each State shall prepare and submit to the Secretary annual

reports on its activities under this subchapter. Each such report

shall be prepared by, or in consultation with, the State maternal

and child health agency. In order properly to evaluate and to

compare the performance of different States assisted under this

subchapter and to assure the proper expenditure of funds under this

subchapter, such reports shall be in such standardized form and

contain such information (including information described in

paragraph (2)) as the Secretary determines (after consultation with

the States) to be necessary (A) to secure an accurate description

of those activities, (B) to secure a complete record of the

purposes for which funds were spent, of the recipients of such

funds, (C) to describe the extent to which the State has met the

goals and objectives it set forth under section 705(a)(2)(B)(i) of

this title and the national health objectives referred to in

section 701(a) of this title, and (D) to determine the extent to

which funds were expended consistent with the State's application

transmitted under section 705(a) of this title. Copies of the

report shall be provided, upon request, to any interested public

agency, and each such agency may provide its views on these reports

to the Congress.

(2) Each annual report under paragraph (1) shall include the

following information:

(A)(i) The number of individuals served by the State under this

subchapter (by class of individuals).

(ii) The proportion of each class of such individuals which has

health coverage.

(iii) The types (as defined by the Secretary) of services

provided under this subchapter to individuals within each such

class.

(iv) The amounts spent under this subchapter on each type of

services, by class of individuals served.

(B) Information on the status of maternal and child health in

the State, including -

(i) information (by county and by racial and ethnic group) on

-

(I) the rate of infant mortality, and

(II) the rate of low-birth-weight births;

(ii) information (on a State-wide basis) on -

(I) the rate of maternal mortality,

(II) the rate of neonatal death,

(III) the rate of perinatal death,

(IV) the number of children with chronic illness and the

type of illness,

(V) the proportion of infants born with fetal alcohol

syndrome,

(VI) the proportion of infants born with drug dependency,

(VII) the proportion of women who deliver who do not

receive prenatal care during the first trimester of

pregnancy, and

(VIII) the proportion of children, who at their second

birthday, have been vaccinated against each of measles,

mumps, rubella, polio, diphtheria, tetanus, pertussis, Hib

meningitis, and hepatitis B; and

(iii) information on such other indicators of maternal,

infant, and child health care status as the Secretary may

specify.

(C) Information (by racial and ethnic group) on -

(i) the number of deliveries in the State in the year, and

(ii) the number of such deliveries to pregnant women who were

provided prenatal, delivery, or postpartum care under this

subchapter or were entitled to benefits with respect to such

deliveries under the State plan under subchapter XIX of this

chapter in the year.

(D) Information (by racial and ethnic group) on -

(i) the number of infants under one year of age who were in

the State in the year, and

(ii) the number of such infants who were provided services

under this subchapter or were entitled to benefits under the

State plan under subchapter XIX of this chapter or the State

plan under subchapter XXI of this chapter at any time during

the year.

(E) Information on the number of -

(i) obstetricians,

(ii) family practitioners,

(iii) certified family nurse practitioners,

(iv) certified nurse midwives,

(v) pediatricians, and

(vi) certified pediatric nurse practitioners,

who were licensed in the State in the year.

For purposes of subparagraph (A), each of the following shall be

considered to be a separate class of individuals: pregnant women,

infants up to age one, children with special health care needs,

other children under age 22, and other individuals.

(3) The Secretary shall annually transmit to the Committee on

Energy and Commerce of the House of Representatives and the

Committee on Finance of the Senate a report that includes -

(A) a description of each project receiving funding under

paragraph (2) or (3) of section 702(a) of this title, including

the amount of Federal funds provided, the number of individuals

served or trained, as appropriate, under the project, and a

summary of any formal evaluation conducted with respect to the

project;

(B) a summary of the information described in paragraph (2)(A)

reported by States;

(C) based on information described in paragraph (2)(B) supplied

by the States under paragraph (1), a compilation of the following

measures of maternal and child health in the United States and in

each State:

(i) Information on -

(I) the rate of infant mortality, and

(II) the rate of low-birth-weight births.

Information under this clause shall also be compiled by racial

and ethnic group.

(ii) Information on -

(I) the rate of maternal mortality,

(II) the rate of neonatal death,

(III) the rate of perinatal death,

(IV) the proportion of infants born with fetal alcohol

syndrome,

(V) the proportion of infants born with drug dependency,

(VI) the proportion of women who deliver who do not receive

prenatal care during the first trimester of pregnancy, and

(VII) the proportion of children, who at their second

birthday, have been vaccinated against each of measles,

mumps, rubella, polio, diphtheria, tetanus, pertussis, Hib

meningitis, and hepatitis B.

(iii) Information on such other indicators of maternal,

infant, and child health care status as the Secretary has

specified under paragraph (2)(B)(iii).

(iv) Information (by racial and ethnic group) on -

(I) the number of deliveries in the State in the year, and

(II) the number of such deliveries to pregnant women who

were provided prenatal, delivery, or postpartum care under

this subchapter or were entitled to benefits with respect to

such deliveries under the State plan under subchapter XIX of

this chapter in the year;

(D) based on information described in subparagraphs (C), (D),

and (E) of paragraph (2) supplied by the States under paragraph

(1), a compilation of the following information in the United

States and in each State:

(i) Information on -

(I) the number of deliveries in the year, and

(II) the number of such deliveries to pregnant women who

were provided prenatal, delivery, or postpartum care under

this subchapter or were entitled to benefits with respect to

such deliveries under a State plan under subchapter XIX of

this chapter in the year.

Information under this clause shall also be compiled by racial

and ethnic group.

(ii) Information on -

(I) the number of infants under one year of age in the

year, and

(II) the number of such infants who were provided services

under this subchapter or were entitled to benefits under a

State plan under subchapter XIX of this chapter or the State

plan under subchapter XXI of this chapter at any time during

the year.

Information under this clause shall also be compiled by racial

and ethnic group.

(iii) Information on the number of -

(I) obstetricians,

(II) family practitioners,

(III) certified family nurse practitioners,

(IV) certified nurse midwives,

(V) pediatricians, and

(VI) certified pediatric nurse practitioners,

who were licensed in a State in the year; and

(E) an assessment of the progress being made to meet the health

status goals and national health objectives referred to in

section 701(a) of this title.

(b) Audits; implementation, standards, etc.

(1) Each State shall, not less often than once every two years,

audit its expenditures from amounts received under this subchapter.

Such State audits shall be conducted by an entity independent of

the State agency administering a program funded under this

subchapter in accordance with the Comptroller General's standards

for auditing governmental organizations, programs, activities, and

functions and generally accepted auditing standards. Within 30 days

following the completion of each audit report, the State shall

submit a copy of that audit report to the Secretary.

(2) Each State shall repay to the United States amounts found by

the Secretary, after notice and opportunity for a hearing to the

State, not to have been expended in accordance with this subchapter

and, if such repayment is not made, the Secretary may offset such

amounts against the amount of any allotment to which the State is

or may become entitled under this subchapter or may otherwise

recover such amounts.

(3) The Secretary may, after notice and opportunity for a

hearing, withhold payment of funds to any State which is not using

its allotment under this subchapter in accordance with this

subchapter. The Secretary may withhold such funds until the

Secretary finds that the reason for the withholding has been

removed and there is reasonable assurance that it will not recur.

(c) Public inspection of reports and audits

The State shall make copies of the reports and audits required by

this section available for public inspection within the State.

(d) Access to books, records, etc.; creation of new records

(1) For the purpose of evaluating and reviewing the block grant

established under this subchapter, the Secretary and the

Comptroller General shall have access to any books, accounts,

records, correspondence, or other documents that are related to

such block grant, and that are in the possession, custody, or

control of States, political subdivisions thereof, or any of their

grantees.

(2) In conjunction with an evaluation or review under paragraph

(1), no State or political subdivision thereof (or grantee of

either) shall be required to create or prepare new records to

comply with paragraph (1).

(3) For other provisions relating to deposit, accounting,

reports, and auditing with respect to Federal grants to States, see

section 6503(b) (!1) of title 31.

-SOURCE-

(Aug. 14, 1935, ch. 531, title V, Sec. 506, as added Pub. L. 97-35,

title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 823; amended Pub.

L. 98-369, div. B, title III, Sec. 2373(a)(2), July 18, 1984, 98

Stat. 1111; Pub. L. 101-239, title VI, Secs. 6503(c)(3), (4), 6504,

Dec. 19, 1989, 103 Stat. 2278; Pub. L. 104-316, title I, Sec.

122(f), Oct. 19, 1996, 110 Stat. 3837; Pub. L. 106-113, div. B,

Sec. 1000(a)(6) [title VII, Sec. 703(d)(1)], Nov. 29, 1999, 113

Stat. 1536, 1501A-402.)

-REFTEXT-

REFERENCES IN TEXT

Section 6503 of title 31, referred to in subsec. (d)(3), was

amended generally by Pub. L. 101-453, Sec. 5(b), Oct. 24, 1990, 104

Stat. 1059, and, as so amended, provisions formerly appearing in

subsec. (b) are now contained in subsec. (h).

-MISC1-

PRIOR PROVISIONS

A prior section 706, act Aug. 14, 1935, ch. 531, title V, Sec.

506, as added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81

Stat. 924; amended Oct. 30, 1972, Pub. L. 92-603, title II, Secs.

221(c)(2), 224(d), 229(d), 233(d), 237(b), 86 Stat. 1389, 1395,

1410, 1412, 1416, related to computation of amount of payments to

States, prior to the general revision of this subchapter by section

2192(a) of Pub. L. 97-35. See section 703 of this title. For

effective date, savings, and transitional provisions, see section

2194 of Pub. L. 97-35, set out as a note under section 701 of this

title.

Provisions similar to those comprising former section 706 were

contained in sections 504 and 514 of act Aug. 14, 1935, ch. 531,

title V, 49 Stat. 630, 632, as amended (formerly classified to

sections 704 and 714 of this title), prior to the general amendment

and renumbering of title V of act Aug. 14, 1935, by Pub. L. 90-248,

Sec. 301.

AMENDMENTS

1999 - Subsec. (a)(2)(D)(ii), (3)(D)(ii)(II). Pub. L. 106-113

inserted "or the State plan under subchapter XXI of this chapter"

after "subchapter XIX of this chapter".

1996 - Subsec. (a)(1). Pub. L. 104-316 struck out "and the

Comptroller General" after "with the States".

1989 - Subsec. (a)(1). Pub. L. 101-239, Sec. 6504(a)(1), inserted

after first sentence "Each such report shall be prepared by, or in

consultation with, the State maternal and child health agency.",

substituted "be in such standardized form and contain such

information (including information described in paragraph (2))" for

"be in such form and contain such information", and substituted ",

(C) to describe the extent to which the State has met the goals and

objectives it set forth under section 705(a)(2)(B)(i) of this title

and the national health objectives referred to in section 701(a) of

this title, and (D)" for "and of the progress made toward achieving

the purposes of this subchapter, and (C)".

Pub. L. 101-239, Sec. 6503(c)(3), (4), substituted "application

transmitted under section 705(a) of this title" for "description

and statement transmitted under section 705 of this title" in

subpar. (C).

Subsec. (a)(2). Pub. L. 101-239, Sec. 6504(a)(3), added par. (2).

Former par. (2) redesignated (3).

Subsec. (a)(3). Pub. L. 101-239, Sec. 6504(b), amended par. (3)

generally. Prior to amendment, par. (3) read as follows: "The

Secretary shall annually report to the Congress on activities

funded under section 702(a) of this title and shall provide for

transmittal of a copy of such report to each State."

Pub. L. 101-239, Sec. 6504(a)(2), redesignated former par. (2) as

(3).

1984 - Subsec. (d)(3). Pub. L. 98-369 substituted "section

6503(b) of title 31" for "section 202 of the Intergovernmental

Cooperation Act of 1968 (42 U.S.C. 4212)".

-CHANGE-

CHANGE OF NAME

Committee on Energy and Commerce of House of Representatives

treated as referring to Committee on Commerce of House of

Representatives by section 1(a) of Pub. L. 104-14, set out as a

note preceding section 21 of Title 2, The Congress. Committee on

Commerce of House of Representatives changed to Committee on Energy

and Commerce of House of Representatives, and jurisdiction over

matters relating to securities and exchanges and insurance

generally transferred to Committee on Financial Services of House

of Representatives by House Resolution No. 5, One Hundred Seventh

Congress, Jan. 3, 2001.

-MISC2-

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-113, div. B, Sec. 1000(a)(6) [title VII, Sec.

703(d)(2)], Nov. 29, 1999, 113 Stat. 1536, 1501A-402, provided

that: "The amendments made by paragraph (1) [amending this section]

apply to annual reports submitted under section 506 of the Social

Security Act (42 U.S.C. 706) for years beginning after the date of

the enactment of this Act [Nov. 29, 1999]."

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 6503(c)(3), (4) of Pub. L. 101-239

applicable to payments for allotments for fiscal years beginning

with fiscal year 1991, and amendment by section 6504 of Pub. L.

101-239 applicable to annual reports for fiscal years beginning

with fiscal year 1991, see section 6510(b) of Pub. L. 101-239, set

out as a note under section 701 of this title.

REPORTS TO CONGRESS; ACTIVITIES OF STATES RECEIVING ALLOTMENTS AND

STUDY OF ALTERNATIVE FORMULAS FOR ALLOTMENT

Section 2192(b) of Pub. L. 97-35 provided that:

"(1) The Secretary of Health and Human Services shall, no later

than October 1, 1984, report to the Congress on the activities of

States receiving allotments under title V of the Social Security

Act [this subchapter] (as amended by this section) and include in

such report any recommendations for appropriate changes in

legislation.

"(2) The Secretary of Health and Human Services, in consultation

with the Comptroller General, shall examine alternative formulas,

for the allotment of funds to States under section 502(b) of the

Social Security Act [section 702(b) of this title] (as amended by

this section) which might be used as a substitute for the method of

allotting funds described in such section, which provide for the

equitable distribution of such funds to States (as defined for

purposes of such section), and which take into account -

"(A) the populations of the States,

"(B) the number of live births in the States,

"(C) the number of crippled children in the States,

"(D) the number of low income mothers and children in the

States,

"(E) the financial resources of the various States, and

"(F) such other factors as the Secretary deems appropriate, and

shall report to the Congress thereon not later than June 30,

1982."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 702, 705, 709, 710 of

this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 707 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 707. Criminal penalty for false statements

-STATUTE-

(a) Whoever -

(1) knowingly and willfully makes or causes to be made any

false statement or representation of a material fact in

connection with the furnishing of items or services for which

payment may be made by a State from funds allotted to the State

under this subchapter, or

(2) having knowledge of the occurrence of any event affecting

his initial or continued right to any such payment conceals or

fails to disclose such event with an intent fraudulently to

secure such payment either in a greater amount than is due or

when no such payment is authorized,

shall be fined not more than $25,000 or imprisoned for not more

than five years, or both.

(b) For civil monetary penalties for certain submissions of false

claims, see section 1320a-7a of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title V, Sec. 507, as added Pub. L. 97-35,

title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 824.)

-MISC1-

PRIOR PROVISIONS

A prior section 707, act Aug. 14, 1935, ch. 531, title V, Sec.

507, as added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81

Stat. 925, related to failure of State plan to comply with

provisions of this subchapter, prior to the general revision of

this subchapter by section 2192(a) of Pub. L. 97-35. See section

706 of this title. For effective date, savings, and transitional

provisions, see section 2194 of Pub. L. 97-35, set out as a note

under section 701 of this title.

Provisions similar to those comprising former section 707 were

contained in sections 505 and 515 of act Aug. 14, 1935, ch. 531,

title V, 49 Stat. 631, 633, as amended (formerly classified to

sections 705 and 715 of this title), prior to the general amendment

and renumbering of title V of act Aug. 14, 1935, by Pub. L. 90-248,

Sec. 301.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 710 of this title.

-End-

-CITE-

42 USC Sec. 708 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 708. Nondiscrimination provisions

-STATUTE-

(a) Federally funded activities

(1) For the purpose of applying the prohibitions against

discrimination on the basis of age under the Age Discrimination Act

of 1975 [42 U.S.C. 6101 et seq.], on the basis of handicap under

section 504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], on

the basis of sex under title IX of the Education Amendments of 1972

[20 U.S.C. 1681 et seq.], or on the basis of race, color, or

national origin under title VI of the Civil Rights Act of 1964 [42

U.S.C. 2000d et seq.], programs and activities funded in whole or

in part with funds made available under this subchapter are

considered to be programs and activities receiving Federal

financial assistance.

(2) No person shall on the ground of sex or religion be excluded

from participation in, be denied the benefits of, or be subjected

to discrimination under, any program or activity funded in whole or

in part with funds made available under this subchapter.

(b) Compliance

Whenever the Secretary finds that a State, or an entity that has

received a payment from an allotment to a State under section

702(c) of this title, has failed to comply with a provision of law

referred to in subsection (a)(1) of this section, with subsection

(a)(2) of this section, or with an applicable regulation (including

one prescribed to carry out subsection (a)(2) of this section), he

shall notify the chief executive officer of the State and shall

request him to secure compliance. If within a reasonable period of

time, not to exceed sixty days, the chief executive officer fails

or refuses to secure compliance, the Secretary may -

(1) refer the matter to the Attorney General with a

recommendation that an appropriate civil action be instituted,

(2) exercise the powers and functions provided by title VI of

the Civil Rights Act of 1964 [42 U.S.C. 2000d et seq.], the Age

Discrimination Act of 1975 [42 U.S.C. 6101 et seq.], or section

504 of the Rehabilitation Act of 1973 [29 U.S.C. 794], as may be

applicable, or

(3) take such other action as may be provided by law.

(c) Authority of Attorney General; civil actions

When a matter is referred to the Attorney General pursuant to

subsection (b)(1) of this section, or whenever he has reason to

believe that the entity is engaged in a pattern or practice in

violation of a provision of law referred to in subsection (a)(1) of

this section or in violation of subsection (a)(2) of this section,

the Attorney General may bring a civil action in any appropriate

district court of the United States for such relief as may be

appropriate, including injunctive relief.

-SOURCE-

(Aug. 14, 1935, ch. 531, title V, Sec. 508, as added Pub. L. 97-35,

title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 825; amended Pub.

L. 101-239, title VI, Sec. 6502(b), Dec. 19, 1989, 103 Stat. 2276.)

-REFTEXT-

REFERENCES IN TEXT

The Age Discrimination Act of 1975, referred to in subsecs.

(a)(1) and (b)(2), is title III of Pub. L. 94-135, Nov. 28, 1975,

89 Stat. 728, as amended, which is classified generally to chapter

76 (Sec. 6101 et seq.) of this title. For complete classification

of this Act to the Code, see Short Title note set out under section

6101 of this title and Tables.

The Education Amendments of 1972, referred to in subsec. (a)(1),

is Pub. L. 92-318, June 23, 1972, 86 Stat. 235, as amended. Title

IX of the Act, known as the Patsy Takemoto Mink Equal Opportunity

in Education Act, is classified principally to chapter 38 (Sec.

1681 et seq.) of Title 20, Education. For complete classification

of title IX to the Code, see Short Title note set out under section

1681 of Title 20 and Tables.

The Civil Rights Act of 1964, referred to in subsecs. (a)(1) and

(b)(2), is Pub. L. 88-352, July 2, 1964, 78 Stat. 241, as amended.

Title VI of the Civil Rights Act of 1964 is classified generally to

subchapter V (Sec. 2000d et seq.) of chapter 21 of this title. For

complete classification of this Act to the Code, see Short Title

note set out under section 2000a of this title and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 708, act Aug. 14, 1935, ch. 531, title V, Sec.

508, as added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81

Stat. 926; amended July 10, 1972, Pub. L. 92-345, Sec. 2(d), 86

Stat. 457; July 1, 1973, Pub. L. 93-53, Sec. 4(a)(6), 87 Stat. 135,

related to special project grants for maturity and infant care,

prior to the general revision of this subchapter by section 2192(a)

of Pub. L. 97-35. For effective date, savings, and transitional

provisions, see section 2194 of Pub. L. 97-35, set out as a note

under section 701 of this title.

Provisions similar to those comprising former section 708 were

contained in section 531 of act Aug. 14, 1935, ch. 531, title V, as

added Oct. 24, 1963, Pub. L. 88-156, Sec. 4, 77 Stat. 274 (formerly

classified to section 729 of this title), prior to the general

amendment and renumbering of title V of act Aug. 14, 1935, by Pub.

L. 90-248, Sec. 301.

AMENDMENTS

1989 - Subsec. (b). Pub. L. 101-239 substituted "702(c) of this

title" for "702(b) of this title" in introductory provisions.

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by Pub. L. 101-239 applicable to appropriations for

fiscal years beginning with fiscal year 1990, see section 6510(a)

of Pub. L. 101-239, set out as a note under section 701 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 705, 710 of this title.

-End-

-CITE-

42 USC Sec. 709 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 709. Administration of Federal and State programs

-STATUTE-

(a) The Secretary shall designate an identifiable administrative

unit with expertise in maternal and child health within the

Department of Health and Human Services, which unit shall be

responsible for -

(1) the Federal program described in section 702(a) of this

title;

(2) promoting coordination at the Federal level of the

activities authorized under this subchapter and under subchapter

XIX of this chapter, especially early and periodic screening,

diagnosis and treatment, related activities funded by the

Departments of Agriculture and Education, and under health block

grants and categorical health programs, such as immunizations,

administered by the Secretary;

(3) disseminating information to the States in such areas as

preventive health services and advances in the care and treatment

of mothers and children;

(4) providing technical assistance, upon request, to the States

in such areas as program planning, establishment of goals and

objectives, standards of care, and evaluation and in developing

consistent and accurate data collection mechanisms in order to

report the information required under section 706(a)(2) of this

title;

(5) in cooperation with the National Center for Health

Statistics and in a manner that avoids duplication of data

collection, collection, maintenance, and dissemination of

information relating to the health status and health service

needs of mothers and children in the United States;

(6) assisting in the preparation of reports to the Congress on

the activities funded and accomplishments achieved under this

subchapter from the information required to be reported by the

States under sections 705(a) and 706 of this title; and (!1)

(7) assisting States in the development of care coordination

services (as defined in section 701(b)(3) of this title); and

(8) developing and making available to the State agency (or

agencies) administering the State's program under this subchapter

a national directory listing by State the toll-free numbers

described in section 705(a)(5)(E) of this title.

(b) The State health agency of each State shall be responsible

for the administration (or supervision of the administration) of

programs carried out with allotments made to the State under this

subchapter, except that, in the case of a State which on July 1,

1967, provided for administration (or supervision thereof) of the

State plan under this subchapter (as in effect on such date) by a

State agency other than the State health agency, that State shall

be considered to comply (!2) the requirement of this subsection if

it would otherwise comply but for the fact that such other State

agency administers (or supervises the administration of) any such

program providing services for children with special health care

needs.

-SOURCE-

(Aug. 14, 1935, ch. 531, title V, Sec. 509, as added Pub. L. 97-35,

title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 825; amended Pub.

L. 99-272, title IX, Sec. 9527(e), Apr. 7, 1986, 100 Stat. 219;

Pub. L. 101-239, title VI, Secs. 6503(c)(4), 6505, Dec. 19, 1989,

103 Stat. 2278, 2281.)

-MISC1-

PRIOR PROVISIONS

A prior section 709, act Aug. 14, 1935, ch. 531, title V, Sec.

509, as added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81

Stat. 926; amended July 10, 1972, Pub. L. 92-345, Sec. 2(e), 86

Stat. 457; Oct. 30, 1972, Pub. L. 92-603, title II, Secs.

221(c)(3), 233(e), 86 Stat. 1389, 1412; July 1, 1973, Pub. L.

93-53, Sec. 4(a)(7), 87 Stat. 135, related to special project

grants for health of school and preschool children, prior to the

general revision of this subchapter by section 2192(a) of Pub. L.

97-35. For effective date, savings, and transitional provisions,

see section 2194 of Pub. L. 97-35, set out as a note under section

701 of this title.

Provisions similar to those comprising former section 709, were

contained in section 532 of act Aug. 14, 1935, ch. 531, title V, as

added July 30, 1965, Pub. L. 89-97, title II, Sec. 205(3), 79 Stat.

354 (formerly classified to section 729-1 of this title), prior to

the general amendment and renumbering of title V of act Aug. 14,

1935, by Pub. L. 90-248, Sec. 301.

AMENDMENTS

1989 - Subsec. (a)(4). Pub. L. 101-239, Sec. 6505(1), inserted

before semicolon at end "and in developing consistent and accurate

data collection mechanisms in order to report the information

required under section 706(a)(2) of this title".

Subsec. (a)(6). Pub. L. 101-239, Sec. 6503(c)(4), substituted

"705(a)" for "705".

Subsec. (a)(7), (8). Pub. L. 101-239, Sec. 6505(2)-(4), added

pars. (7) and (8).

1986 - Subsec. (b). Pub. L. 99-272 substituted "children with

special health care needs" for "crippled children".

EFFECTIVE DATE OF 1989 AMENDMENT

Amendment by section 6503(c)(4) of Pub. L. 101-239 applicable to

payments for allotments for fiscal years beginning with fiscal year

1991, and amendment by section 6505 of Pub. L. 101-239 applicable

to appropriations for fiscal years beginning with fiscal year 1990,

see section 6510(a), (b)(1) of Pub. L. 101-239, set out as a note

under section 701 of this title.

REPORT TO CONGRESS; EVALUATION OF PROGRAM

Pub. L. 89-97, title II, Sec. 206, July 30, 1965, 79 Stat. 354,

authorized Secretary to submit to President for transmission to

Congress before July 1, 1969, a full report of administration of

provisions of section 729-1 of this title, which was covered by

former sections 701, 702(1)(B), and 709 of this title, together

with an evaluation of program established thereby and his

recommendations as to continuation of and modifications in that

program.

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

(!2) So in original. Probably should be "comply with".

-End-

-CITE-

42 USC Sec. 710 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Sec. 710. Separate program for abstinence education

-STATUTE-

(a) In general

For the purpose described in subsection (b) of this section, the

Secretary shall, for fiscal year 1998 and each subsequent fiscal

year, allot to each State which has transmitted an application for

the fiscal year under section 705(a) of this title an amount equal

to the product of -

(1) the amount appropriated in subsection (d) of this section

for the fiscal year; and

(2) the percentage determined for the State under section

702(c)(1)(B)(ii) of this title.

(b) Purpose of allotment

(1) The purpose of an allotment under subsection (a) of this

section to a State is to enable the State to provide abstinence

education, and at the option of the State, where appropriate,

mentoring, counseling, and adult supervision to promote abstinence

from sexual activity, with a focus on those groups which are most

likely to bear children out-of-wedlock.

(2) For purposes of this section, the term "abstinence education"

means an educational or motivational program which -

(A) has as its exclusive purpose, teaching the social,

psychological, and health gains to be realized by abstaining from

sexual activity;

(B) teaches abstinence from sexual activity outside marriage as

the expected standard for all school age children;

(C) teaches that abstinence from sexual activity is the only

certain way to avoid out-of-wedlock pregnancy, sexually

transmitted diseases, and other associated health problems;

(D) teaches that a mutually faithful monogamous relationship in

context of marriage is the expected standard of human sexual

activity;

(E) teaches that sexual activity outside of the context of

marriage is likely to have harmful psychological and physical

effects;

(F) teaches that bearing children out-of-wedlock is likely to

have harmful consequences for the child, the child's parents, and

society;

(G) teaches young people how to reject sexual advances and how

alcohol and drug use increases vulnerability to sexual advances;

and

(H) teaches the importance of attaining self-sufficiency before

engaging in sexual activity.

(c) Applicability of sections 703, 707, and 708

(1) Sections 703, 707, and 708 of this title apply to allotments

under subsection (a) of this section to the same extent and in the

same manner as such sections apply to allotments under section

702(c) of this title.

(2) Sections 705 and 706 of this title apply to allotments under

subsection (a) of this section to the extent determined by the

Secretary to be appropriate.

(d) Appropriations

For the purpose of allotments under subsection (a) of this

section, there is appropriated, out of any money in the Treasury

not otherwise appropriated, an additional $50,000,000 for each of

the fiscal years 1998 through 2002. The appropriation under the

preceding sentence for a fiscal year is made on October 1 of the

fiscal year.

-SOURCE-

(Aug. 14, 1935, ch. 531, title V, Sec. 510, as added Pub. L.

104-193, title IX, Sec. 912, Aug. 22, 1996, 110 Stat. 2353.)

-MISC1-

PRIOR PROVISIONS

A prior section 710, act Aug. 14, 1935, ch. 531, title V, Sec.

510, as added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81

Stat. 927; amended July 10, 1972, Pub. L. 92-345, Sec. 2(f), 86

Stat. 457; July 1, 1973, Pub. L. 93-53, Sec. 4(a)(8), 87 Stat. 136,

provided for special project grants for dental health of children,

prior to the general revision of this subchapter by Pub. L. 97-35,

title XXI, Sec. 2192(a), Aug. 13, 1981, 95 Stat. 818. For effective

date, savings, and transitional provisions, see section 2194 of

Pub. L. 97-35, set out as a note under section 701 of this title.

ESTABLISHING NATIONAL GOALS TO PREVENT TEENAGE PREGNANCIES

Section 905 of Pub. L. 104-193 provided that:

"(a) In General. - Not later than January 1, 1997, the Secretary

of Health and Human Services shall establish and implement a

strategy for -

"(1) preventing out-of-wedlock teenage pregnancies, and

"(2) assuring that at least 25 percent of the communities in

the United States have teenage pregnancy prevention programs in

place.

"(b) Report. - Not later than June 30, 1998, and annually

thereafter, the Secretary shall report to the Congress with respect

to the progress that has been made in meeting the goals described

in paragraphs (1) and (2) of subsection (a)."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 603 of this title.

-End-

-CITE-

42 USC Secs. 711 to 716 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Secs. 711 to 716. Omitted

-COD-

CODIFICATION

Sections 711 to 716 were omitted in the general revision of this

subchapter by Pub. L. 97-35, title XXI, Sec. 2192(a), Aug. 13,

1981, 95 Stat. 818. For effective date, savings, and transitional

provisions, see section 2194 of Pub. L. 97-35, set out as a note

under section 701 of this title.

Section 711, act Aug. 14, 1935, ch. 531, title V, Sec. 511, as

added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81 Stat.

927, related to training of personnel for health care and related

services for mothers and children.

Another prior section 711, acts Aug. 14, 1935, ch. 531, title V,

Sec. 511, 49 Stat. 631; Aug. 10, 1939, ch. 666, title V, Sec. 504,

53 Stat. 1380; 1946 Reorg. Plan No. 2, Sec. 1, eff. July 16, 1946,

11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, Sec.

401(b)(4), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III, pt. 3,

Sec. 331(c), pt. 6, Sec. 361(e), 64 Stat. 551, 558; Aug. 28, 1958,

Pub. L. 85-840, title VI, Sec. 603(a), 72 Stat. 1055; Sept. 13,

1960, Pub. L. 86-778, title VII, Sec. 707(a)(2)(A), 74 Stat. 995;

Oct. 24, 1963, Pub. L. 88-156, Sec. 3(a), 77 Stat. 273; July 30,

1965, Pub. L. 89-97, title II, Sec. 202(a), 79 Stat. 353,

authorized appropriations, for services for crippled children, of

$25,000,000; $30,000,000; $35,000,000; $45,000,000; $50,000,000;

$55,000,000; and $60,000,000, for fiscal years ending June 30,

1963, 1964, 1965, 1966, 1967, 1968, 1969, 1970 and thereafter

respectively, prior to the general amendment of title V of the

Social Security Act by Pub. L. 90-248, Sec. 301, and was covered by

former section 701 of this title.

Provisions similar to those comprising former section 711 were

contained in section 516 of act Aug. 14, 1935, ch. 531, title V, as

added July 30, 1965, Pub. L. 89-97, title II, Sec. 203(a), 79 Stat.

353 (formerly classified to section 716 of this title), prior to

the general amendment and renumbering of title V of act Aug. 14,

1935, by Pub. L. 90-248, Sec. 301.

Section 712, act Aug. 14, 1935, ch. 531, title V, Sec. 512, as

added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81 Stat.

927, provided for research projects relating to maternal and child

health services and crippled children's services. See section

702(a) of this title.

Another prior section 712, acts Aug. 14, 1935, ch. 531, title V,

Sec. 512, 49 Stat. 631; Aug. 10, 1939, ch. 666, title V, Sec. 505,

53 Stat. 1380; 1946 Reorg. Plan. No. 2, Sec. 1, eff. July 16, 1946,

11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, Sec.

401(b)(5), (6), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III,

pt. 3, Sec. 331(d), pt. 6, Sec. 361(e), 64 Stat. 552, 558; Aug. 28,

1958, Pub. L. 85-840, title VI, Sec. 603(b), (c), 72 Stat. 1055;

Sept. 13, 1960, Pub. L. 86-778, title VII, Sec. 707(a)(2)(B), (C),

(b)(2)(A), 74 Stat. 996; Oct. 24, 1963, Pub. L. 88-156, Sec. 3(b),

(c), 77 Stat. 274, provided for allotment to States for services

for crippled children, and was covered by former section 704 of

this title.

Provisions similar to those comprising former section 712 were

contained in section 533, formerly section 532, of act Aug. 14,

1935, ch. 531, title V, as added Oct. 24, 1963, Pub. L. 88-156,

Sec. 4, 77 Stat. 274, and renumbered July 30, 1965, Pub. L. 89-97,

title II, Sec. 205(2), 79 Stat. 354 (formerly classified to section

729a of this title), prior to the general amendment and renumbering

of title V of act Aug. 14, 1935, by Pub. L. 90-248, Sec. 301.

Section 713, act Aug. 14, 1935, ch. 531, title V, Sec. 513, as

added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81 Stat.

928, related to administration. See section 709 of this title.

Another prior section 713, acts Aug. 14, 1935, ch. 531, title V,

Sec. 513, 49 Stat. 632; Aug. 10, 1939, ch. 666, title V, Sec. 506,

53 Stat. 1381; 1946 Reorg. Plan No. 2, Secs. 1, 4, eff. July 16,

1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 28, 1950, ch. 809, title

III, pt. 6, Sec. 361(e), 64 Stat. 558; July 30, 1965, Pub. L.

89-97, title II, Sec. 204(b), 79 Stat. 354, related to contents of

State plans for services for crippled children and their approval

by the Administrator prior to the general amendment of title V of

the Social Security Act by Pub. L. 90-248, Sec. 301, and was

covered by former section 705 of this title.

Provisions similar to those comprising former section 713 were

contained in section 541 of act Aug. 14, 1935, ch. 531, title V, 49

Stat. 634, as amended (formerly classified to section 731 of this

title), prior to the general amendment and renumbering of title V

of act Aug. 14, 1935, by Pub. L. 90-248, Sec. 301.

Section 714, act Aug. 14, 1935, ch. 531, title V, Sec. 514, as

added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81 Stat.

928, defined "crippled child".

Another prior section 714, acts Aug. 14, 1935, ch. 531, title V,

Sec. 514, 49 Stat. 632; Aug. 10, 1939, ch. 666, title V, Sec.

507(a), (b), 53 Stat. 1381; 1940 Reorg. Plan No. III, Sec. 1(a)(1),

eff. June 30, 1940, 5 F.R. 2107, 54 Stat. 1231; 1946 Reorg. Plan

No. 2, Sec. 1, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095;

Aug. 28, 1950, ch. 809, title III, pt. 6, Sec. 361(e), 64 Stat.

558; Sept. 13, 1960, Pub. L. 86-778, title VII, Sec. 707(b)(2)(B),

74 Stat. 996; July 30, 1965, Pub. L. 89-97, title II, Secs. 202(b),

203(b), 79 Stat. 353, 354, provided for payment to States with an

approved plan for services for crippled children, computation of

amounts, and prescribed general availability of services by July 1,

1975, as requisite for payments for any period after June 30, 1966

prior to the general amendment of title V of the Social Security

Act by Pub. L. 90-248, Sec. 301, and was covered by former section

706 of this title.

Section 715, act Aug. 14, 1935, ch. 531, title V, Sec. 515, as

added Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 301, 81 Stat.

928, related to observance of religious beliefs.

Another prior section 715, acts Aug. 14, 1935, ch. 531, title V,

Sec. 515, 49 Stat. 633; 1946 Reorg. Plan No. 2, Sec. 1, eff. July

16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 28, 1950, ch. 809,

title III, pt. 6, Sec. 361(e), 64 Stat. 558, provided for stopping

payment on failure to comply with State plan for services for

crippled children prior to the general amendment of title V of the

Social Security Act by Pub. L. 90-248, Sec. 301, and was covered by

former section 707 of this title.

Section 716, act Aug. 14, 1935, ch. 531, title V, Sec. 516, as

added July 1, 1973, Pub. L. 93-53, Sec. 4(b), 87 Stat. 136, related

to supplemental allotments.

Another prior section 716, act Aug. 14, 1935, ch. 531, title V,

Sec. 516, as added July 30, 1965, Pub. L. 89-97, title II, Sec.

203(a), 79 Stat. 353, authorized appropriations for training of

professional personnel for health and related care of crippled and

mentally retarded children of $5,000,000, $10,000,000, and

$17,500,000 for fiscal years ending June 30, 1967, 1968, 1969, and

thereafter, respectively, and was omitted in the general amendment

of title V of the Social Security Act by Pub. L. 90-248, Sec. 301,

and was covered by former sections 702 and 711 of this title.

-MISC1-

SUPPLEMENTAL ALLOTMENTS FOR FISCAL YEAR ENDING JUNE 30, 1974

Section 4(c) of Pub. L. 93-53 authorized a State, for fiscal year

ending June 30, 1974, to receive an additional supplemental

allotment to match excess of amount of allotments which such State

would have received under sections 703 and 704 of this title for

such year if section 4(a) of Pub. L. 93-53 had not been enacted

over aggregate of allotments which such State actually received

under such sections plus aggregate of grants received under

sections 708, 709, and 710 of this title for fiscal year ending

June 30, 1973, and authorized appropriations necessary for

supplemental allotments.

-End-

-CITE-

42 USC Secs. 721 to 728 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Secs. 721 to 728. Repealed. Pub. L. 90-248, title II, Sec.

240(e)(1), Jan. 2, 1968, 81 Stat. 915

-MISC1-

Section 721, acts Aug. 14, 1935, ch. 531, title V, Sec. 521, 49

Stat. 633; Aug. 10, 1939, ch. 666, title V, Sec. 507(c), 53 Stat.

1381; 1940 Reorg. Plan No. III, Sec. 1(a)(1), eff. June 30, 1940, 5

F.R. 2107, 54 Stat. 1231; 1946 Reorg. Plan. No. 2, Sec. 1, eff.

July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951,

title IV, Sec. 401(b)(7), 60 Stat. 986; Aug. 28, 1950, ch. 809,

title III, pt. 3, Sec. 331(e), pt. 6, Sec. 361(e), 64 Stat. 552,

558; Aug. 1, 1956, ch. 836, title IV, Sec. 402, 70 Stat. 856; Aug.

28, 1958, Pub. L. 85-840, title VI, Sec. 601, 72 Stat. 1052; Sept.

13, 1960, Pub. L. 86-778, title VII, Sec. 707(a)(3)(A), 74 Stat.

996; July 25, 1962, Pub. L. 87-543, title I, Sec. 102(a), (d)(1),

76 Stat. 182, 184; July 30, 1965, Pub. L. 89-97, title II, Sec.

207, 79 Stat. 355, authorized appropriations for child-welfare

services. See section 620 of this title.

Section 722, act Aug. 14, 1935, ch. 531, title V, Sec. 522, as

added Aug. 28, 1958, Pub. L. 85-840, title VI, Sec. 601, 72 Stat.

1053; amended Sept. 13, 1960, Pub. L. 86-778, title VII, Sec.

707(a)(3)(B), 74 Stat. 996; July 25, 1962, Pub. L. 87-543, title I,

Sec. 102(c)(1), 76 Stat. 183; July 30, 1965, Pub. L. 89-97, title

II, Sec. 208(b), 79 Stat. 355, provided for allotments to States.

See section 621 of this title.

Section 723, act Aug. 14, 1935, ch. 531, title V, Sec. 523, as

added Aug. 28, 1958, Pub. L. 85-840, title VI, Sec. 601, 72 Stat.

1053; amended July 25, 1962, Pub. L. 87-543, title I, Sec. 102(b),

76 Stat. 182; July 30, 1965, Pub. L. 89-97, title II, Sec. 208(c),

79 Stat. 356, provided for payment to States and computation of

amounts. See section 622 of this title.

Section 724, act Aug. 14, 1935, ch. 531, title V, Sec. 524, as

added Aug. 28, 1958, Pub. L. 85-840, title VI, Sec. 601, 72 Stat.

1054; amended June 25, 1959, Pub. L. 86-70, Sec. 32(b), 73 Stat.

149; July 12, 1960, Pub. L. 86-624, Sec. 30(b), 74 Stat. 420,

provided for allotment percentage and Federal share. See section

623 of this title.

Section 725, act Aug. 14, 1935, ch. 531, title V, Sec. 525, as

added Aug. 28, 1958, Pub. L. 85-840, title VI, Sec. 601, 72 Stat.

1054, provided for reallotment of allotments to States. See section

624 of this title.

Section 726, act Aug. 14, 1935, ch. 531, title V, Sec. 526, as

added Sept. 13, 1960, Pub. L. 86-778, title VII, Sec. 707(b)(3), 74

Stat. 997; amended July 25, 1962, Pub. L. 87-543, title I, Sec.

123(d), 76 Stat. 193, provided for research, training, or

demonstration projects. See section 626 of this title.

Section 727, act Aug. 14, 1935, ch. 531, title V, Sec. 527, as

added July 25, 1962, Pub. L. 87-543, title I, Sec. 102(c)(2), 76

Stat. 183, provided for allotments and reallotment of allotments to

States for day care services. Section had been previously repealed

by Pub. L. 89-97, title II, Sec. 208(a)(1), July 30, 1965, 79 Stat.

355, effective Jan. 1, 1966, under section 208(d) of Pub. L. 89-97.

Section 728, act Aug. 14, 1935, ch. 531, title V, Sec. 528, as

added July 25, 1962, Pub. L. 87-543, title I, Sec. 102(d)(2), 76

Stat. 184, defined, child-welfare "services". See section 625 of

this title.

-End-

-CITE-

42 USC Secs. 729 to 729a, 731 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER V - MATERNAL AND CHILD HEALTH SERVICES BLOCK GRANT

-HEAD-

Secs. 729 to 729a, 731. Omitted

-COD-

CODIFICATION

Section 729, act Aug. 14, 1935, ch. 531, title V, Sec. 531, as

added Oct. 24, 1963, Pub. L. 88-156, Sec. 4, 77 Stat. 274; amended

Jan. 2, 1968, Pub. L. 90-248, title III, Sec. 303, 81 Stat. 929,

related to maternity and infant care projects, authorized

appropriations of $5,000,000; $15,000,000; $30,000,000; and

$35,000,000 for fiscal years ending June 30, 1964, 1965, 1966 and

1967, and 1968, respectively; provided for grants to State health

agencies, limitations on payments, scope of projects, health

hazards, low-income families, other reasons for lack of health

care; and provided for payments to States, adjustments, advances or

reimbursement, installments, and conditions, prior to the general

amendment of title V of the Social Security Act by Pub. L. 90-248,

Sec. 301. See sections 701 and 702 of this title. Section 531 of

act Aug. 14, 1935, as originally enacted, appropriated funds for

vocational rehabilitation, and was classified to section 45b of

Title 29, Labor. It was omitted as superseded by section 31 of

Title 29.

Section 729-1, act Aug. 14, 1935, ch. 531, title V, Sec. 532, as

added July 30, 1965, Pub. L. 89-97, title II, Sec. 205(3), 79 Stat.

354, provided for projects for health of school and preschool

children, authorized appropriations of $15,000,000; $35,000,000;

$40,000,000; $45,000,000; and $50,000,000 for fiscal years ending

June 30, 1966, 1967, 1968, 1969, and 1970, respectively; provided

for grants to State health agencies, medical and dental schools,

and teaching hospitals, limitations on payments, eligibility for

grants, comprehensive care and services; and provided for payments

to States, adjustments, advances or reimbursement, installments,

and conditions, prior to the general amendment of title V of the

Social Security Act by Pub. L. 90-248, Sec. 301. See sections 701

and 702 of this title.

Section 729a, act Aug. 14, 1935, ch. 531, title V, Sec. 533,

formerly Sec. 532, as added Oct. 24, 1963, Pub. L. 88-156, Sec. 4,

77 Stat. 274; renumbered July 30, 1965, Pub. L. 89-97, title II,

Sec. 205(2), 79 Stat. 354, provided for research projects relating

to maternal and child health services and crippled children's

services, authorized appropriations of $8,000,000 for fiscal year

ending June 30, 1964, and each subsequent fiscal year; and provided

for payments to eligible institutions, agencies, and organizations,

adjustments, advances or reimbursements, installments, and

conditions, prior to the general amendment of title V of the Social

Security Act by Pub. L. 90-248, Sec. 301. See sections 701 and 702

of this title.

Section 731, acts Aug. 14, 1935, ch. 531, title V, Sec. 541, 49

Stat. 634; 1946 Reorg. Plan No. 2, Sec. 1, eff. July 16, 1946, 11

F.R. 7873, 60 Stat. 1095; Aug. 10, 1946, ch. 951, title IV, Sec.

401(b)(8), 60 Stat. 986; Aug. 28, 1950, ch. 809, title III, pt. 6,

Sec. 361(e), title IV, Sec. 402(a), 64 Stat. 558, required the

Administrator to make studies and investigations to promote

efficient administration of sections 701 to 703, 704, 705, 711 to

715, 721 to 729a, and 731 of this title, prior to the general

amendment of title V of the Social Security Act by Pub. L. 90-248,

Sec. 301. See section 713 of this title.

-End-

-CITE-

42 USC SUBCHAPTER VI - GRANTS TO STATES FOR SERVICES TO

AGED, BLIND, OR DISABLED 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VI - GRANTS TO STATES FOR SERVICES TO AGED, BLIND, OR

DISABLED

-HEAD-

SUBCHAPTER VI - GRANTS TO STATES FOR SERVICES TO AGED, BLIND, OR

DISABLED

-End-

-CITE-

42 USC Secs. 801 to 805 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VI - GRANTS TO STATES FOR SERVICES TO AGED, BLIND, OR

DISABLED

-HEAD-

Secs. 801 to 805. Repealed. Pub. L. 93-647, Sec. 3(b), Jan. 4,

1975, 88 Stat. 2349

-MISC1-

Section 801, act Aug. 14, 1935, ch. 531, title VI, Sec. 601, as

added Oct. 30, 1972, Pub. L. 92-603, title III, Sec. 302, 86 Stat.

1478, authorized appropriations for encouraging States to furnish

rehabilitation to needy individuals 65 years of age or older, and

the blind or disabled.

Another prior section 801, acts Aug. 14, 1935, ch. 531, title VI,

Sec. 601, 49 Stat. 634; Aug. 10, 1939, ch. 666, title V, Sec. 509,

53 Stat. 1381, which provided appropriations for the purpose of

assisting States and subdivisions in maintaining adequate public

health services, was repealed by act July 1, 1944, ch. 373, title

XI, Sec. 1113, 58 Stat. 714. See section 246 of this title.

Section 802, act Aug. 14, 1935, ch. 531, title VI, Sec. 602, as

added Oct. 30, 1972, Pub. L. 92-603, title III, Sec. 302, 86 Stat.

1479, set out the necessary provisions for State plans for services

to the aged, blind, or disabled.

Another prior section 802, act Aug. 14, 1935, ch. 531, title VI,

Sec. 602, 49 Stat. 634, which provided for allotments to States by

Surgeon General, was repealed by act July 1, 1944, ch. 373, title

XI, Sec. 1113, 58 Stat. 714. See section 246 of this title.

Section 803, act Aug. 14, 1935, ch. 531, title VI, Sec. 603, as

added Oct. 30, 1972, Pub. L. 92-603, title III, Sec. 302, 86 Stat.

1481, provided for payments to States under approved plans for

services to the aged, blind, or disabled.

Another prior section 803, act Aug. 14, 1935, ch. 531, title VI,

Sec. 603, 49 Stat. 635, which provided for allotments to States by

appropriations for investigation of diseases by Public Health

Service, was repealed by act July 1, 1944, ch. 373, title XI, Sec.

1113, 58 Stat. 714. See section 246 of this title.

Section 804, act Aug. 14, 1935, ch. 531, title VI, Sec. 604, as

added Oct. 30, 1972, Pub. L. 92-603, title III, Sec. 302, 86 Stat.

1484, provided for notification to States and termination of

payments in case of noncompliance with laws or State plan.

Section 805, act Aug. 14, 1935, ch. 531, title VI, Sec. 605, as

added Oct. 30, 1972, Pub. L. 92-603, title III, Sec. 302, 86 Stat.

1484, defined "services to the aged, blind or disabled".

EFFECTIVE DATE OF REPEAL

Repeal effective with respect to payments under section 803 for

quarters commencing after Sept. 30, 1975, see section 7(b) of Pub.

L. 93-647, set out as an Effective Date of 1975 Amendment note

under section 303 of this title.

RENUMBERING OF REPEALING ACT

Section 611 of act July 1, 1944, which repealed these prior

sections 801, 802 and 803, was renumbered Sec. 711 by act Aug. 13,

1946, ch. 958, Sec. 5, 60 Stat. 1049, Sec. 713 by act Feb. 28,

1948, ch. 83, Sec. 9(b), 62 Stat. 47, Sec. 813 by act July 30,

1956, ch. 779, Sec. 3(b), 70 Stat. 720, Sec. 913 by Pub. L. 88-581,

Sec. 4(b), Sept. 4, 1964, 78 Stat. 919, Sec. 1013 by Pub. L.

89-239, Sec. 3(b), Oct. 6, 1965, 79 Stat. 931, and Sec. 1113 by

Pub. L. 91-572, Sec. 6(b), Dec. 24, 1970, 84 Stat. 1506.

-End-

-CITE-

42 USC SUBCHAPTER VII - ADMINISTRATION 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

SUBCHAPTER VII - ADMINISTRATION

-MISC1-

AMENDMENTS

1950 - Act Aug. 28, 1950, ch. 809, title III, pt. 6, Sec. 361(f),

64 Stat. 558, substituted "ADMINISTRATION" for "SOCIAL SECURITY

BOARD" as subchapter heading.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in section 1301 of this title.

-End-

-CITE-

42 USC Sec. 901 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 901. Social Security Administration

-STATUTE-

(a) There is hereby established, as an independent agency in the

executive branch of the Government, a Social Security

Administration (in this subchapter referred to as the

"Administration").

(b) It shall be the duty of the Administration to administer the

old-age, survivors, and disability insurance program under

subchapter II of this chapter and the supplemental security income

program under subchapter XVI of this chapter.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VII, Sec. 701, 49 Stat. 635; Aug.

28, 1950, ch. 809, title IV, Sec. 401(a), 64 Stat. 558; Pub. L.

103-296, title I, Sec. 101, Aug. 15, 1994, 108 Stat. 1465.)

-MISC1-

AMENDMENTS

1994 - Pub. L. 103-296 amended section generally, substituting

present provisions for former provisions relating to a Commissioner

for Social Security in the Federal Security Agency.

1950 - Act Aug. 28, 1950, amended section generally to provide

for the appointment of a Commissioner of Social Security.

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

TRANSFERS TO NEW SOCIAL SECURITY ADMINISTRATION

Section 105 of title I of Pub. L. 103-296 provided that:

"(a) Functions. -

"(1) In general. - There are transferred to the Social Security

Administration all functions of the Secretary of Health and Human

Services with respect to or in support of the programs and

activities the administration of which is vested in the Social

Security Administration by reason of this title [see Tables for

classification] and the amendments made thereby. The Commissioner

of Social Security shall allocate such functions in accordance

with sections 701, 702, 703, and 704 of the Social Security Act

[this section and sections 902 to 904 of this title] (as amended

by this title).

"(2) Functions of other agencies. -

"(A) In general. - Subject to subparagraph (B), the Social

Security Administration shall also perform -

"(i) the functions of the Department of Health and Human

Services, including functions relating to titles XVIII and

XIX of the Social Security Act [subchapters XVIII and IX of

this chapter] (including adjudications, subject to final

decisions by the Secretary of Health and Human Services),

that the Social Security Administration in such Department

performed as of immediately before the date of the enactment

of this Act [Aug. 15, 1994], and

"(ii) the functions of any other agency for which

administrative responsibility was vested in the Social

Security Administration in the Department of Health and Human

Services as of immediately before the date of the enactment

of this Act.

"(B) Rules governing continuation of functions in the

administration. - The Social Security Administration shall

perform, on behalf of the Secretary of Health and Human

Services (or the head of any other agency, as applicable), the

functions described in subparagraph (A) in accordance with the

same financial and other terms in effect on the day before the

date of the enactment of this Act, except to the extent that

the Commissioner and the Secretary (or other agency head, as

applicable) agree to alter such terms pertaining to any such

function or to terminate the performance by the Social Security

Administration of any such function.

"(b) Personnel, Assets, Etc. -

"(1) In general. - There are transferred from the Department of

Health and Human Services to the Social Security Administration,

for appropriate allocation by the Commissioner of Social Security

in the Social Security Administration -

"(A) the personnel employed in connection with the functions

transferred by this title and the amendments made thereby; and

"(B) the assets, liabilities, contracts, property, records,

and unexpended balance of appropriations, authorizations,

allocations, and other funds employed, held, or used in

connection with such functions, arising from such functions, or

available, or to be made available, in connection with such

functions.

"(2) Unexpended funds. - Unexpended funds transferred pursuant

to this subsection shall be used only for the purposes for which

the funds were originally appropriated.

"(3) Employment protections. -

"(A) In general. - During the 1-year period beginning March

31, 1995 -

"(i) the transfer pursuant to this section of any full-time

personnel (except special Government employees) and part-time

personnel holding permanent positions shall not cause any

such personnel to be separated or reduced in grade or

compensation solely as a result of such transfer, and

"(ii) except as provided in subparagraph (B), any such

personnel who were not employed in the Social Security

Administration in the Department of Health and Human Services

immediately before the date of the enactment of this Act

[Aug. 15, 1994] shall not be subject to directed reassignment

to a duty station outside their commuting area.

"(B) Special rules. -

"(i) In the case of personnel whose duty station is in the

Washington, District of Columbia, commuting area immediately

before March 31, 1995, subparagraph (A)(ii) shall not apply

with respect to directed reassignment to a duty station in

the Baltimore, Maryland, commuting area after September 30,

1995.

"(ii) In the case of personnel whose duty station is in the

Baltimore, Maryland, commuting area immediately before March

31, 1995, subparagraph (A)(ii) shall not apply with respect

to directed reassignment to a duty station in the Washington,

District of Columbia, commuting area after September 30,

1995.

"(4) Office space. - Notwithstanding section 7 of the Public

Buildings Act of 1959 (40 U.S.C. 606) [now 40 U.S.C.

3305(b)(2)(B), 3307], and subject to available appropriations,

the Administrator of General Services may, after consultation

with the Commissioner of Social Security and under such terms and

conditions as the Administrator finds to be in the interests of

the United States -

"(A) acquire occupiable space in the metropolitan area of

Washington, District of Columbia, for housing the Social

Security Administration, and

"(B) renovate such space as necessary.

"(c) Inter-Agency Transfer Arrangement. - The Secretary of Health

and Human Services and the Commissioner of Social Security shall

enter into a written inter-agency transfer arrangement (in this

subsection referred to as the 'arrangement'), which shall be

effective March 31, 1995. Transfers made pursuant to this section

shall be in accordance with the arrangement, which shall specify

the personnel and resources to be transferred as provided under

this section. The terms of such arrangement shall be transmitted

not later than January 1, 1995, to the Committee on Ways and Means

of the House of Representatives, to the Committee on Finance of the

Senate, and to the Comptroller General of the United States. Not

later than February 15, 1995, the Comptroller General shall submit

a report to each such Committee setting forth an evaluation of such

arrangement."

[Section 105(a)-(b)(3) of Pub. L. 103-296, set out above,

effective Mar. 31, 1995, and section 105(b)(4), (c) of Pub. L.

103-296, set out above, effective Aug. 15, 1994, see section

110(a), (c) of Pub. L. 103-296, set out as an Effective Date of

1994 Amendment note under section 401 of this title.]

TRANSITION RULES

Section 106 of title I of Pub. L. 103-296 provided that:

"(a) Transition Rules Relating to Officers of the Social Security

Administration. -

"(1) Appointment of initial commissioner of social security. -

The President shall nominate for appointment the initial

Commissioner of Social Security to serve as head of the Social

Security Administration established under section 701 of the

Social Security Act [this section] (as amended by this Act) not

later than 60 days after the date of the enactment of this Act

[Aug. 15, 1994].

"(2) Assumption of office of initial commissioner before

effective date of new agency. - If the appointment of the initial

Commissioner of Social Security pursuant to section 702 of the

Social Security Act [section 902 of this title] (as amended by

this Act) is confirmed by the Senate pursuant to such section 702

before March 31, 1995, the individual shall take office as

Commissioner immediately upon confirmation, and, until March 31,

1995, such Commissioner shall perform the functions of the

Commissioner of Social Security in the Department of Health and

Human Services.

"(3) Treatment of inspector general and other appointments. -

At any time on or after the date of the enactment of this Act

[Aug. 15, 1994], any of the officers provided for in section 702

of the Social Security Act (as amended by this title) and any of

the members of the Social Security Advisory Board provided for in

section 703 of such Act [section 903 of this title] (as so

amended) may be nominated and take office, under the terms and

conditions set out in such sections.

"(4) Compensation for initial officers and board members before

effective date of new agency. - Funds available to any official

or component of the Department of Health and Human Services,

functions of which are transferred to the Commissioner of Social

Security or the Social Security Administration by this title [see

Tables for classification], may, with the approval of the

Director of the Office of Management and Budget, be used to pay

the compensation and expenses of any officer or employee of the

new Social Security Administration and of any member or staff of

the Social Security Advisory Board who takes office pursuant to

this subsection before March 31, 1995, until such time as funds

for that purpose are otherwise available.

"(5) Interim role of current commissioner after effective date

of new agency. - In the event that, as of March 31, 1995, an

individual appointed to serve as the initial Commissioner of

Social Security has not taken office, until such initial

Commissioner has taken office, the officer serving on March 31,

1995, as Commissioner of Social Security (or Acting Commissioner

of Social Security, if applicable) in the Department of Health

and Human Services shall, while continuing to serve as such

Commissioner of Social Security (or Acting Commissioner of Social

Security), serve as Commissioner of Social Security (or Acting

Commissioner of Social Security, respectively) in the Social

Security Administration established under such section 701 and

shall assume the powers and duties under such Act [this chapter]

(as amended by this Act) of the Commissioner of Social Security

in the Social Security Administration as so established under

such section 701. In the event that, as of March 31, 1995, the

President has not nominated an individual for appointment to the

office of Commissioner of Social Security in the Social Security

Administration established under such section 701, then the

individual serving as Commissioner of Social Security (or Acting

Commissioner of Social Security, if applicable) in the Department

of Health and Human Services shall become the Acting Commissioner

of Social Security in the Social Security Administration as so

established under such section 701.

"(6) Interim inspector general. - The Commissioner of Social

Security may appoint an individual to assume the powers and

duties under the Inspector General Act of 1978 [Pub. L. 95-452,

set out in the Appendix to Title 5, Government Organization and

Employees] of Inspector General of the Social Security

Administration as established under section 701 of the Social

Security Act for a period not to exceed 60 days. The Inspector

General of the Department of Health and Human Services may, when

so requested by the Commissioner, while continuing to serve as

Inspector General in such Department, serve as Inspector General

of the Social Security Administration established under such

section 701 and shall assume the powers and duties under the

Inspector General Act of 1978 of Inspector General of the Social

Security Administration as established under such section 701.

The Social Security Administration shall reimburse the Office of

Inspector General of the Department of Health and Human Services

for costs of any functions performed pursuant to this subsection,

from funds available to the Administration at the time the

functions are performed. The authority under this paragraph to

exercise the powers and duties of the Inspector General shall

terminate upon the entry upon office of an Inspector General for

the Social Security Administration under the Inspector General

Act of 1978.

"(7) Abolishment of office of commissioner of social security

in the department of health and human services. - Effective when

the initial Commissioner of Social Security of the Social

Security Administration established under section 701 of the

Social Security Act (as amended by this title) takes office

pursuant to section 702 of such Act (as so amended) -

"(A) the position of Commissioner of Social Security in the

Department of Health and Human Services is abolished; and

"(B) [Amended section 5315 of Title 5, Government

Organization and Employees.]

"(b) Continuation of Orders, Determinations, Rules, Regulations,

Etc. - All orders, determinations, rules, regulations, permits,

contracts, collective bargaining agreements (and ongoing

negotiations relating to such collective bargaining agreements),

recognitions of labor organizations, certificates, licenses, and

privileges -

"(1) which have been issued, made, promulgated, granted, or

allowed to become effective, in the exercise of functions (A)

which were exercised by the Secretary of Health and Human

Services (or the Secretary's delegate), and (B) which relate to

functions which, by reason of this title, the amendments made

thereby, and regulations prescribed thereunder, are vested in the

Commissioner of Social Security; and

"(2) which are in effect immediately before March 31, 1995,

shall (to the extent that they relate to functions described in

paragraph (1)(B)) continue in effect according to their terms until

modified, terminated, suspended, set aside, or repealed by such

Commissioner, except that any collective bargaining agreement shall

remain in effect until the date of termination specified in such

agreement.

"(c) Continuation of Proceedings. - The provisions of this title

(including the amendments made thereby) shall not affect any

proceeding pending before the Secretary of Health and Human

Services immediately before March 31, 1995, with respect to

functions vested (by reason of this title, the amendments made

thereby, and regulations prescribed thereunder) in the Commissioner

of Social Security, except that such proceedings, to the extent

that such proceedings relate to such functions, shall continue

before such Commissioner. Orders shall be issued under any such

proceeding, appeals taken therefrom, and payments shall be made

pursuant to such orders, in like manner as if this title had not

been enacted, and orders issued in any such proceeding shall

continue in effect until modified, terminated, superseded, or

repealed by such Commissioner, by a court of competent

jurisdiction, or by operation of law.

"(d) Continuation of Suits. - Except as provided in this

subsection -

"(1) the provisions of this title shall not affect suits

commenced before March 31, 1995; and

"(2) in all such suits proceedings shall be had, appeals taken,

and judgments rendered, in the same manner and effect as if this

title had not been enacted.

No cause of action, and no suit, action, or other proceeding

commenced by or against any officer in such officer's official

capacity as an officer of the Department of Health and Human

Services, shall abate by reason of the enactment of this title. In

any suit, action, or other proceeding pending immediately before

March 31, 1995, the court or hearing officer may at any time, on

the motion of the court or hearing officer or that of a party,

enter an order which will give effect to the provisions of this

subsection (including, where appropriate, an order for substitution

of parties).

"(e) Continuation of Penalties. - This title shall not have the

effect of releasing or extinguishing any civil or criminal

prosecution, penalty, forfeiture, or liability incurred as a result

of any function which (by reason of this title, the amendments made

thereby, and regulations prescribed thereunder) is vested in the

Commissioner of Social Security.

"(f) Judicial Review. - Orders and actions of the Commissioner of

Social Security in the exercise of functions vested in such

Commissioner under this title and the amendments made thereby

(other than functions performed pursuant to 105(a)(2) [set out

above]) shall be subject to judicial review to the same extent and

in the same manner as if such orders had been made and such actions

had been taken by the Secretary of Health and Human Services in the

exercise of such functions immediately before March 31, 1995. Any

statutory requirements relating to notice, hearings, action upon

the record, or administrative review that apply to any function so

vested in such Commissioner shall continue to apply to the exercise

of such function by such Commissioner.

"(g) Exercise of Functions. - In the exercise of the functions

vested in the Commissioner of Social Security under this title, the

amendments made thereby, and regulations prescribed thereunder,

such Commissioner shall have the same authority as that vested in

the Secretary of Health and Human Services with respect to the

exercise of such functions immediately preceding the vesting of

such functions in such Commissioner, and actions of such

Commissioner shall have the same force and effect as when exercised

by such Secretary."

RULES OF CONSTRUCTION

Section 109 of title I of Pub. L. 103-296 provided that:

"(a) References to the Department of Health and Human Services. -

Whenever any reference is made in any provision of law (other than

this title [see Tables for classification] or a provision of law

amended by this title), regulation, rule, record, or document to

the Department of Health and Human Services with respect to such

Department's functions under the old-age, survivors, and disability

insurance program under title II of the Social Security Act

[subchapter II of this chapter] or the supplemental security income

program under title XVI of such Act [subchapter XVI of this

chapter] or other functions performed by the Social Security

Administration pursuant to section 105(a)(2) of this Act [set out

above], such reference shall be considered a reference to the

Social Security Administration.

"(b) References to the Secretary of Health and Human Services. -

Whenever any reference is made in any provision of law (other than

this title or a provision of law amended by this title),

regulation, rule, record, or document to the Secretary of Health

and Human Services with respect to such Secretary's functions under

the old-age, survivors, and disability insurance program under

title II of the Social Security Act or the supplemental security

income program under title XVI of such Act or other functions

performed by the Commissioner of Social Security pursuant to

section 105(a)(2) of this Act, such reference shall be considered a

reference to the Commissioner of Social Security.

"(c) References to Other Officers and Employees. - Whenever any

reference is made in any provision of law (other than this title or

a provision of law amended by this title), regulation, rule,

record, or document to any other officer or employee of the

Department of Health and Human Services with respect to such

officer or employee's functions under the old-age, survivors, and

disability insurance program under title II of the Social Security

Act or the supplemental security income program under title XVI of

such Act or other functions performed by the officer or employee of

the Social Security Administration pursuant to section 105(a)(2) of

this Act, such reference shall be considered a reference to the

appropriate officer or employee of the Social Security

Administration."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 902 of this title.

-End-

-CITE-

42 USC Sec. 901a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 901a. Repealed. Aug. 28, 1950, ch. 809, title IV, Sec. 401(b),

64 Stat. 558

-MISC1-

Section, act Aug. 10, 1939, ch. 666, title IX, Sec. 908, 53 Stat.

1402, placed Social Security Board under direction and supervision

of Federal Security Administrator.

-End-

-CITE-

42 USC Sec. 902 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 902. Commissioner; Deputy Commissioner; other officers

-STATUTE-

(a) Commissioner of Social Security

(1) There shall be in the Administration a Commissioner of Social

Security (in this subchapter referred to as the "Commissioner") who

shall be appointed by the President, by and with the advice and

consent of the Senate.

(2) The Commissioner shall be compensated at the rate provided

for level I of the Executive Schedule.

(3) The Commissioner shall be appointed for a term of 6 years,

except that the initial term of office for Commissioner shall

terminate January 19, 2001. In any case in which a successor does

not take office at the end of a Commissioner's term of office, such

Commissioner may continue in office until the entry upon office of

such a successor. A Commissioner appointed to a term of office

after the commencement of such term may serve under such

appointment only for the remainder of such term. An individual

serving in the office of Commissioner may be removed from office

only pursuant to a finding by the President of neglect of duty or

malfeasance in office.

(4) The Commissioner shall be responsible for the exercise of all

powers and the discharge of all duties of the Administration, and

shall have authority and control over all personnel and activities

thereof.

(5) The Commissioner may prescribe such rules and regulations as

the Commissioner determines necessary or appropriate to carry out

the functions of the Administration. The regulations prescribed by

the Commissioner shall be subject to the rulemaking procedures

established under section 553 of title 5.

(6) The Commissioner may establish, alter, consolidate, or

discontinue such organizational units or components within the

Administration as the Commissioner considers necessary or

appropriate, except that this paragraph shall not apply with

respect to any unit, component, or provision provided for by this

chapter.

(7) The Commissioner may assign duties, and delegate, or

authorize successive redelegations of, authority to act and to

render decisions, to such officers and employees of the

Administration as the Commissioner may find necessary. Within the

limitations of such delegations, redelegations, or assignments, all

official acts and decisions of such officers and employees shall

have the same force and effect as though performed or rendered by

the Commissioner.

(8) The Commissioner and the Secretary of Health and Human

Services (in this subchapter referred to as the "Secretary") shall

consult, on an ongoing basis, to ensure -

(A) the coordination of the programs administered by the

Commissioner, as described in section 901 of this title, with the

programs administered by the Secretary under subchapters XVIII

and XIX of this chapter; and

(B) that adequate information concerning benefits under such

subchapters XVIII and XIX of this chapter is available to the

public.

(b) Deputy Commissioner of Social Security

(1) There shall be in the Administration a Deputy Commissioner of

Social Security (in this subchapter referred to as the "Deputy

Commissioner") who shall be appointed by the President, by and with

the advice and consent of the Senate.

(2) The Deputy Commissioner shall be appointed for a term of 6

years, except that the initial term of office for the Deputy

Commissioner shall terminate January 19, 2001. In any case in which

a successor does not take office at the end of a Deputy

Commissioner's term of office, such Deputy Commissioner may

continue in office until the entry upon office of such a successor.

A Deputy Commissioner appointed to a term of office after the

commencement of such term may serve under such appointment only for

the remainder of such term.

(3) The Deputy Commissioner shall be compensated at the rate

provided for level II of the Executive Schedule.

(4) The Deputy Commissioner shall perform such duties and

exercise such powers as the Commissioner shall from time to time

assign or delegate. The Deputy Commissioner shall be Acting

Commissioner of the Administration during the absence or disability

of the Commissioner and, unless the President designates another

officer of the Government as Acting Commissioner, in the event of a

vacancy in the office of the Commissioner.

(c) Chief Actuary

(1) There shall be in the Administration a Chief Actuary, who

shall be appointed by, and in direct line of authority to, the

Commissioner. The Chief Actuary shall be appointed from individuals

who have demonstrated, by their education and experience, superior

expertise in the actuarial sciences. The Chief Actuary shall serve

as the chief actuarial officer of the Administration, and shall

exercise such duties as are appropriate for the office of the Chief

Actuary and in accordance with professional standards of actuarial

independence. The Chief Actuary may be removed only for cause.

(2) The Chief Actuary shall be compensated at the highest rate of

basic pay for the Senior Executive Service under section 5382(b) of

title 5.

(d) Chief Financial Officer

There shall be in the Administration a Chief Financial Officer

appointed by the Commissioner in accordance with section 901(a)(2)

of title 31.

(e) Inspector General

There shall be in the Administration an Inspector General

appointed by the President, by and with the advice and consent of

the Senate, in accordance with section 3(a) of the Inspector

General Act of 1978.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VII, Sec. 702, 49 Stat. 636; Aug.

28, 1950, ch. 809, title III, pt. 6, Sec. 361(c), (d), 64 Stat.

558; Pub. L. 98-369, div. B, title VI, Sec. 2663(j)(2)(C)(i),

(l)(1), July 18, 1984, 98 Stat. 1170, 1171; Pub. L. 103-296, title

I, Sec. 102, Aug. 15, 1994, 108 Stat. 1465; Pub. L. 104-121, title

I, Sec. 103(e)(1), Mar. 29, 1996, 110 Stat. 851.)

-REFTEXT-

REFERENCES IN TEXT

Levels I and II of the Executive Schedule, referred to in

subsecs. (a)(2) and (b)(3), are set out in sections 5312 and 5313,

respectively, of Title 5, Government Organization and Employees.

Section 3(a) of the Inspector General Act of 1978, referred to in

subsec. (e), is section 3(a) of Pub. L. 95-452, which is set out in

the Appendix to Title 5, Government Organization and Employees.

-MISC1-

AMENDMENTS

1996 - Subsecs. (c) to (e). Pub. L. 104-121 added subsec. (c) and

redesignated former subsecs. (c) and (d) as (d) and (e),

respectively.

1994 - Pub. L. 103-296 amended section generally. Prior to

amendment, section read as follows: "The Secretary shall perform

the duties imposed upon him by this chapter and shall also have the

duty of studying and making recommendations as to the most

effective methods of providing economic security through social

insurance, and as to legislation and matters of administrative

policy concerning old-age pensions, unemployment compensation,

accident compensation, and related subjects."

1984 - Pub. L. 98-369, Sec. 2663(l)(1), substituted "Secretary"

for "Administrator".

Pub. L. 98-369, Sec. 2663(j)(2)(C)(i), which directed the

substitution of "Health and Human Services" for "Health, Education,

and Welfare", could not be executed because "Health, Education, and

Welfare" did not appear in text.

1950 - Act Aug. 28, 1950, substituted "Administrator" for "Board"

and "him" for "it".

EFFECTIVE DATE OF 1996 AMENDMENT

Section 103(e)(2) of Pub. L. 104-121 provided that: "The

amendments made by this subsection [amending this section] shall

take effect on the date of the enactment of this Act [Mar. 29,

1996]."

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

DEMONSTRATION PROJECTS RELATING TO ACCOUNTABILITY FOR TELEPHONE

SERVICE CENTER COMMUNICATIONS

Pub. L. 101-508, title V, Sec. 5108, Nov. 5, 1990, 104 Stat.

1388-269, directed Secretary of Health and Human Services to

develop and carry out demonstration projects designed to implement

certain accountability procedures in not fewer than 3 telephone

service centers operated by the Social Security Administration,

provided that such projects commence not later than 180 days after

Nov. 5, 1990, and remain in operation for not less than 1 year and

not more than 3 years, and directed Secretary to submit to Congress

a written report on the progress of the demonstration projects not

later than 90 days after the termination of the project.

TELEPHONE ACCESS TO SOCIAL SECURITY ADMINISTRATION

Section 302 of Pub. L. 103-296 directed Comptroller General of

the United States to submit to Congress, not later than Jan. 31,

1996, report and study of telephone access to local offices of the

Social Security Administration, based on independent assessment of

Social Security Administration's use of innovative technology

(including attendant call and voice mail) to increase public

telephone access to local offices of the Administration.

Pub. L. 101-508, title V, Sec. 5110, Nov. 5, 1990, 104 Stat.

1388-272, provided that:

"(a) Required Minimum Level of Access to Local Offices. - In

addition to such other access by telephone to offices of the Social

Security Administration as the Secretary of Health and Human

Services may consider appropriate, the Secretary shall maintain

access by telephone to local offices of the Social Security

Administration at the level of access generally available as of

September 30, 1989.

"(b) Telephone Listings. - The Secretary shall make such requests

of local telephone utilities in the United States as are necessary

to ensure that the listings subsequently maintained and published

by such utilities for each locality include the address and

telephone number for each local office of the Social Security

Administration to which direct telephone access is maintained under

subsection (a) in such locality. Such listing may also include

information concerning the availability of a toll-free number which

may be called for general information.

"(c) Report by Secretary. - Not later than January 1, 1993, the

Secretary shall submit to the Committee on Ways and Means of the

House of Representatives and the Committee on Finance of the Senate

a report which -

"(1) assesses the impact of the requirements established by

this section on the Social Security Administration's allocation

of resources, workload levels, and service to the public, and

"(2) presents a plan for using new, innovative technologies to

enhance access to the Social Security Administration, including

access to local offices.

"(d) GAO Report. - The Comptroller General of the United States

shall review the level of telephone access by the public to the

local offices of the Social Security Administration. The

Comptroller General shall file an interim report with the Committee

on Ways and Means of the House of Representatives and the Committee

on Finance of the Senate describing such level of telephone access

not later than 120 days after the date of the enactment of this Act

[Nov. 5, 1990] and shall file a final report with such Committees

describing such level of access not later than 210 days after such

date.

"(e) Effective Date. - The Secretary of Health and Human Services

shall meet the requirements of subsections (a) and (b) as soon as

possible after the date of the enactment of this Act but not later

[than] 180 days after such date."

REPORT REGARDING NOTICES IN LANGUAGES OTHER THAN ENGLISH

Pub. L. 101-239, title X, Sec. 10306(b), Dec. 19, 1989, 103 Stat.

2484, directed Secretary of Health and Human Resources, not later

than Jan. 1, 1991, to submit a report to Congress relating to

procedures of Social Security Administration for issuing notices in

languages other than English.

STUDY CONCERNING ESTABLISHMENT OF SOCIAL SECURITY ADMINISTRATION AS

AN INDEPENDENT AGENCY

Pub. L. 98-21, title III, Sec. 338, Apr. 20, 1983, 97 Stat. 132,

as amended by Pub. L. 98-369, div. B, title VI, Sec. 2662(h)(1),

July 18, 1984, 98 Stat. 1160, established, under authority of

Committee on Ways and Means of the House of Representatives and

Committee on Finance of the Senate, a Joint Study Panel on the

Social Security Administration to undertake a study of removing

Social Security Administration from Department of Health and Human

Services and establishing it as an independent agency in the

executive branch with its own independent administrative structure,

including possibility of such a structure headed by a board

appointed by the President, by and with the advice and consent of

the Senate, and to submit, not later than Apr. 1, 1984, a report of

the findings of the study, and provided that the Panel would expire

30 days after the date of the submission of the report.

EARNINGS SHARING IMPLEMENTATION REPORT

Pub. L. 98-21, title III, Sec. 343, Apr. 20, 1983, 97 Stat. 136,

directed Secretary of Health and Human Services to develop, in

consultation with Committee on Finance of the Senate and Committee

on Ways and Means of the House of Representatives, proposals for

earnings sharing legislation (i.e., proposals that combined

earnings of a husband and wife during period of their marriage be

divided equally and shared between them for social security benefit

purposes) and report such proposals to such committees not later

than July 1, 1984.

UNIVERSAL COVERAGE OF SOCIAL SECURITY PROGRAMS; STUDY AND REPORT TO

PRESIDENT AND CONGRESS RESPECTING SCOPE, ALTERNATIVES, ETC.;

CONSULTATION BY SECRETARY

Pub. L. 95-216, title III, Sec. 311, Dec. 20, 1977, 91 Stat.

1531, as amended by 1978 Reorg. Plan No. 2, Sec. 102, eff. Jan. 1,

1979, 43 F.R. 36037, 92 Stat. 3783, directed Secretary of Health,

Education, and Welfare to undertake as soon as possible after Dec.

20, 1977, a thorough study with respect to extent of coverage under

old-age, survivors, and disability insurance programs and under

programs established by subchapter XVIII of this chapter and submit

a report on findings of such study not later than 2 years after

Dec. 20, 1977.

PROPOSALS FOR ELIMINATION OF DEPENDENCY AND SEX DISCRIMINATION

UNDER SOCIAL SECURITY PROGRAM; STUDY AND REPORT TO CONGRESS

Pub. L. 95-216, title III, Sec. 341, Dec. 20, 1977, 91 Stat.

1548, directed Secretary of Health, Education, and Welfare, in

consultation with the Task Force on Sex Discrimination, to make a

detailed study of proposals to eliminate dependency as a factor in

the determination of entitlement to spouse's benefits under the

program established under subchapter II of this chapter and of

proposals to bring about equal treatment for men and women in any

and all respects under such program and submit a report to Congress

within 6 months of Dec. 20, 1977.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 904 of this title.

-End-

-CITE-

42 USC Sec. 903 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 903. Social Security Advisory Board

-STATUTE-

(a) Establishment of Board

There shall be established a Social Security Advisory Board (in

this section referred to as the "Board").

(b) Functions of Board

On and after the date the Commissioner takes office, the Board

shall advise the Commissioner on policies related to the old-age,

survivors, and disability insurance program under subchapter II of

this chapter, the program of special benefits for certain World War

II veterans under subchapter VIII of this chapter, and the

supplemental security income program under subchapter XVI of this

chapter. Specific functions of the Board shall include -

(1) analyzing the Nation's retirement and disability systems

and making recommendations with respect to how the old-age,

survivors, and disability insurance program and the supplemental

security income program, supported by other public and private

systems, can most effectively assure economic security;

(2) studying and making recommendations relating to the

coordination of programs that provide health security with

programs described in paragraph (1);

(3) making recommendations to the President and to the Congress

with respect to policies that will ensure the solvency of the

old-age, survivors, and disability insurance program, both in the

short-term and the long-term;

(4) making recommendations with respect to the quality of

service that the Administration provides to the public;

(5) making recommendations with respect to policies and

regulations regarding the old-age, survivors, and disability

insurance program and the supplemental security income program;

(6) increasing public understanding of the social security

system;

(7) making recommendations with respect to a long-range

research and program evaluation plan for the Administration;

(8) reviewing and assessing any major studies of social

security as may come to the attention of the Board; and

(9) making recommendations with respect to such other matters

as the Board determines to be appropriate.

(c) Structure and membership of Board

(1) The Board shall be composed of 7 members who shall be

appointed as follows:

(A) 3 members shall be appointed by the President, by and with

the advice and consent of the Senate. Not more than 2 of such

members shall be from the same political party.

(B) 2 members (each member from a different political party)

shall be appointed by the President pro tempore of the Senate

with the advice of the Chairman and the Ranking Minority Member

of the Senate Committee on Finance.

(C) 2 members (each member from a different political party)

shall be appointed by the Speaker of the House of

Representatives, with the advice of the Chairman and the Ranking

Minority Member of the House Committee on Ways and Means.

(2) The members shall be chosen on the basis of their integrity,

impartiality, and good judgment, and shall be individuals who are,

by reason of their education, experience, and attainments,

exceptionally qualified to perform the duties of members of the

Board.

(d) Terms of appointment

Each member of the Board shall serve for a term of 6 years,

except that -

(1) a member appointed to a term of office after the

commencement of such term may serve under such appointment only

for the remainder of such term; and

(2) the terms of service of the members initially appointed

under this section shall begin on October 1, 1994, and expire as

follows:

(A) The terms of service of the members initially appointed

by the President shall expire as designated by the President at

the time of nomination, 1 each at the end of -

(i) 2 years;

(ii) 4 years; and

(iii) 6 years.

(B) The terms of service of members initially appointed by

the President pro tempore of the Senate shall expire as

designated by the President pro tempore of the Senate at the

time of nomination, 1 each at the end of -

(i) 3 years; and

(ii) 6 years.

(C) The terms of service of members initially appointed by

the Speaker of the House of Representatives shall expire as

designated by the Speaker of the House of Representatives at

the time of nomination, 1 each at the end of -

(i) 4 years; and

(ii) 5 years.

(e) Chairman

A member of the Board shall be designated by the President to

serve as Chairman for a term of 4 years, coincident with the term

of the President, or until the designation of a successor.

(f) Expenses and per diem

Members of the Board shall serve without compensation, except

that, while serving on business of the Board away from their homes

or regular places of business, members may be allowed travel

expenses, including per diem in lieu of subsistence, as authorized

by section 5703 of title 5 for persons in the Government employed

intermittently.

(g) Meetings

(1) The Board shall meet at the call of the Chairman (in

consultation with the other members of the Board) not less than 4

times each year to consider a specific agenda of issues, as

determined by the Chairman in consultation with the other members

of the Board.

(2) Four members of the Board (not more than 3 of whom may be of

the same political party) shall constitute a quorum for purposes of

conducting business.

(h) Federal Advisory Committee Act

The Board shall be exempt from the provisions of the Federal

Advisory Committee Act (5 U.S.C. App.).

(i) Personnel

The Board shall, without regard to the provisions of title 5

relating to the competitive service, appoint a Staff Director who

shall be paid at a rate equivalent to a rate established for the

Senior Executive Service under section 5382 of title 5. The Board

shall appoint such additional personnel as the Board determines to

be necessary to provide adequate support for the Board, and may

compensate such additional personnel without regard to the

provisions of title 5 relating to the competitive service.

(j) Authorization of appropriations

There are authorized to be appropriated, out of the Federal

Disability Insurance Trust Fund, the Federal Old-Age and Survivors

Insurance Trust Fund, and the general fund of the Treasury, such

sums as are necessary to carry out the purposes of this section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VII, Sec. 703, 49 Stat. 636; Aug.

28, 1950, ch. 809, title III, pt. 6, Sec. 361(c), (d), 64 Stat.

558; Pub. L. 98-369, div. B, title VI, Sec. 2663(l)(1), July 18,

1984, 98 Stat. 1171; Pub. L. 103-296, title I, Sec. 103, Aug. 15,

1994, 108 Stat. 1467; Pub. L. 104-121, title I, Sec. 108, Mar. 29,

1996, 110 Stat. 857; Pub. L. 105-33, title V, Sec. 5526, Aug. 5,

1997, 111 Stat. 625; Pub. L. 106-169, title II, Sec. 251(b)(4),

Dec. 14, 1999, 113 Stat. 1855.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Advisory Committee Act, referred to in subsec. (h),

is Pub. L. 92-463, Oct. 6, 1972, 86 Stat. 770, as amended, which is

set out in the Appendix to Title 5, Government Organization and

Employees.

The provisions of title 5 relating to the competitive service,

referred to in subsec. (i), are classified generally to section

3301 et seq. of Title 5.

-MISC1-

AMENDMENTS

1999 - Subsec. (b). Pub. L. 106-169 substituted "subchapter II of

this chapter, the program of special benefits for certain World War

II veterans under title VIII of this chapter," for "subchapter II

of this chapter" in introductory provisions.

1997 - Subsec. (i). Pub. L. 105-33 struck out ", and three

professional staff members one of whom shall be appointed from

among individuals approved by the members of the Board who are not

members of the political party represented by the majority of the

Board," after "Staff Director" and "clerical" after "provide

adequate".

1996 - Subsec. (i). Pub. L. 104-121 inserted ", and three

professional staff members one of whom shall be appointed from

among individuals approved by the members of the Board who are not

members of the political party represented by the majority of the

Board," after "Staff Director".

1994 - Pub. L. 103-296 amended section generally. Prior to

amendment, section read as follows: "The Secretary is authorized to

appoint and fix the compensation of such officers and employees,

and to make such expenditures, as may be necessary for carrying out

his functions under this chapter. Appointments of attorneys and

experts may be made without regard to the civil-service laws."

1984 - Pub. L. 98-369 substituted "Secretary" for

"Administrator".

1950 - Act Aug. 28, 1950, substituted "Administrator" for "Board"

and "his" for "its".

EFFECTIVE DATE OF 1997 AMENDMENT

Section 5528 of title V of Pub. L. 105-33 provided that:

"(a) In General. - Except as provided in this section, the

amendments made by this chapter [chapter 2 (Secs. 5521-5528) of

subtitle F of title V of Pub. L. 105-33, amending this section,

sections 1310, 1382, 1382c, 1382d, and 1383 of this title, and

provisions set out as a note under section 1382 of this title and

repealing provisions set out as notes under sections 425 and 1382

of this title] shall take effect as if included in the enactment of

title II of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2185).

"(b) Section 5524 Amendments. - The amendments made by section

5524 of this Act [amending section 1310 of this title] shall take

effect as if included in the enactment of the Social Security

Independence and Program Improvements Act of 1994 (Public Law

103-296; 108 Stat. 1464).

"(c) Section 5525 Amendments. -

"(1) In general. - The amendments made by subsections (a) and

(b) of section 5525 of this Act [amending provisions set out as a

note under section 1382 of this title] shall take effect as if

included in the enactment of section 105 of the Contract with

America Advancement Act of 1996 (Public Law 104-121; 110 Stat.

852 et seq.).

"(2) Repeals. - The repeals made by section 5525(c) [repealing

provisions set out as notes under sections 425 and 1382 of this

title] shall take effect on the date of the enactment of this Act

[Aug. 5, 1997].

"(d) Section 5526 Amendments. - The amendments made by section

5526 of this Act [amending this section] shall take effect as if

included in the enactment of section 108 of the Contract with

America Advancement Act of 1996 (Public Law 104-121; 110 Stat.

857).

"(e) Section 5227. - Section 5227 [probably means section 5527 of

this Act which is set out as a note under section 909 of this

title] shall take effect on the date of the enactment of this Act."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

-End-

-CITE-

42 USC Sec. 904 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 904. Administrative duties of Commissioner

-STATUTE-

(a) Personnel

(1) The Commissioner shall appoint such additional officers and

employees as the Commissioner considers necessary to carry out the

functions of the Administration under this chapter, and attorneys

and experts may be appointed without regard to the civil service

laws. Except as otherwise provided in the preceding sentence or in

any other provision of law, such officers and employees shall be

appointed, and their compensation shall be fixed, in accordance

with title 5.

(2) The Commissioner may procure the services of experts and

consultants in accordance with the provisions of section 3109 of

title 5.

(3) Notwithstanding any requirements of section 3133 of title 5,

the Director of the Office of Personnel Management shall authorize

for the Administration a total number of Senior Executive Service

positions which is substantially greater than the number of such

positions authorized in the Social Security Administration in the

Department of Health and Human Services as of immediately before

August 15, 1994, to the extent that the greater number of such

authorized positions is specified in the comprehensive work force

plan as established and revised by the Commissioner under

subsection (b)(2) of this section. The total number of such

positions authorized for the Administration shall not at any time

be less than the number of such authorized positions as of

immediately before such date.

(b) Budgetary matters

(1)(A) The Commissioner shall prepare an annual budget for the

Administration, which shall be submitted by the President to the

Congress without revision, together with the President's annual

budget for the Administration.

(B) The Commissioner shall include in the annual budget prepared

pursuant to subparagraph (A) an itemization of the amount of funds

required by the Social Security Administration for the fiscal year

covered by the budget to support efforts to combat fraud committed

by applicants and beneficiaries.

(2)(A) Appropriations requests for staffing and personnel of the

Administration shall be based upon a comprehensive work force plan,

which shall be established and revised from time to time by the

Commissioner.

(B) Appropriations for administrative expenses of the

Administration are authorized to be provided on a biennial basis.

(c) Employment restriction

The total number of positions in the Administration (other than

positions established under section 902 of this title) which -

(1) are held by noncareer appointees (within the meaning of

section 3132(a)(7) of title 5) in the Senior Executive Service,

or

(2) have been determined by the President or the Office of

Personnel Management to be of a confidential, policy-determining,

policy-making, or policy-advocating character and have been

excepted from the competitive service thereby,

may not exceed at any time the equivalent of 20 full-time

positions.

(d) Seal of office

The Commissioner shall cause a seal of office to be made for the

Administration of such design as the Commissioner shall approve.

Judicial notice shall be taken of such seal.

(e) Data exchanges

(1) Notwithstanding any other provision of law (including

subsections (b), (o), (p), (q), (r), and (u) of section 552a of

title 5 -

(A) the Secretary shall disclose to the Commissioner any record

or information requested in writing by the Commissioner for the

purpose of administering any program administered by the

Commissioner, if records or information of such type were

disclosed to the Commissioner of Social Security in the

Department of Health and Human Services under applicable rules,

regulations, and procedures in effect before August 15, 1994; and

(B) the Commissioner shall disclose to the Secretary or to any

State any record or information requested in writing by the

Secretary to be so disclosed for the purpose of administering any

program administered by the Secretary, if records or information

of such type were so disclosed under applicable rules,

regulations, and procedures in effect before August 15, 1994.

(2) The Commissioner and the Secretary shall enter into an

agreement under which the Commissioner provides the Secretary data

concerning the quality of the services and information provided to

beneficiaries of the programs under subchapters XVIII and XIX of

this chapter and the administrative services provided by the Social

Security Administration in support of such programs. Such agreement

shall stipulate the type of data to be provided and the terms and

conditions under which the data are to be provided.

(3) The Commissioner and the Secretary shall periodically review

the need for exchanges of information not referred to in paragraph

(1) or (2) and shall enter into such agreements as may be necessary

and appropriate to provide information to each other or to States

in order to meet the programmatic needs of the requesting agencies.

(4)(A) Any disclosure from a system of records (as defined in

section 552a(a)(5) of title 5) pursuant to this subsection shall be

made as a routine use under subsection (b)(3) of section 552a of

such title (unless otherwise authorized under such section 552a).

(B) Any computerized comparison of records, including matching

programs, between the Commissioner and the Secretary shall be

conducted in accordance with subsections (o), (p), (q), (r), and

(u) of section 552a of title 5.

(5) The Commissioner and the Secretary shall each ensure that

timely action is taken to establish any necessary routine uses for

disclosures required under paragraph (1) or agreed to pursuant to

paragraph (3).

-SOURCE-

(Aug. 14, 1935, ch. 531, title VII, Sec. 704, 49 Stat. 636; Aug.

28, 1950, ch. 809, title IV, Sec. 402(b), 64 Stat. 558; Pub. L.

94-273, Sec. 33, Apr. 21, 1976, 90 Stat. 380; Pub. L. 98-369, div.

B, title VI, Sec. 2663(l)(1), July 18, 1984, 98 Stat. 1171; Pub. L.

103-296, title I, Sec. 104(a), Aug. 15, 1994, 108 Stat. 1470; Pub.

L. 106-169, title II, Sec. 211(a), Dec. 14, 1999, 113 Stat. 1842.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in subsec. (a)(1), are

classified generally to Title 5, Government Organization and

Employees. See, particularly, section 3301 et seq. of Title 5.

-MISC1-

AMENDMENTS

1999 - Subsec. (b)(1). Pub. L. 106-169 designated existing

provisions as subpar. (A) and added subpar. (B).

1994 - Pub. L. 103-296 amended section generally. Prior to

amendment, section read as follows: "The Secretary shall make a

full report to Congress, within one hundred and twenty days after

the beginning of each regular session, of the administration of the

functions with which he is charged under this chapter. In addition

to the number of copies of such report authorized by other law to

be printed, there is hereby authorized to be printed not more than

five thousand copies of such report for use by the Secretary for

distribution to Members of Congress and to State and other public

or private agencies or organizations participating in or concerned

with the social security program."

1984 - Pub. L. 98-369 substituted "Secretary" for

"Administrator".

1976 - Pub. L. 94-273 substituted "within one hundred and twenty

days after the beginning" for "at the beginning".

1950 - Act Aug. 28, 1950, substituted "Administrator" for "Board"

in first sentence and added second sentence.

EFFECTIVE DATE OF 1999 AMENDMENT

Pub. L. 106-169, title II, Sec. 211(b), Dec. 14, 1999, 113 Stat.

1842, provided that: "The amendments made by this section [amending

this section] shall apply with respect to annual budgets prepared

for fiscal years after fiscal year 1999."

EFFECTIVE DATE OF 1994 AMENDMENT

Section 104(c) of Pub. L. 103-296 provided that:

"(1) Effective date. - Section 704(e)(4) of the Social Security

Act [subsec. (e)(4) of this section] (as amended by subsection (a))

shall take effect March 31, 1996.

"(2) Transition rule. - Notwithstanding any other provision of

law (including subsections (b), (o), (p), (q), (r), and (u) of

section 552a of title 5, United States Code), arrangements for

disclosure of records or other information, and arrangements for

computer matching of records, which were in effect immediately

before the date of the enactment of this Act [Aug. 15, 1994]

between the Social Security Administration in the Department of

Health and Human Services and other components of such Department

may continue between the Social Security Administration established

under section 701 of the Social Security Act [section 901 of this

title] (as amended by this Act) and such Department during the

period beginning on the date of the enactment of this Act and

ending March 31, 1996."

Amendment by section 104(a) of Pub. L. 103-296 effective Mar. 31,

1995, except as otherwise provided, see section 110(a) of Pub. L.

103-296, set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

REPORT ON SES POSITIONS UNDER COMPREHENSIVE WORK FORCE PLAN

Section 104(b) of Pub. L. 103-296 provided that within 60 days

after establishment by Commissioner of Social Security of

comprehensive work force plan required under subsec. (b)(2) of this

section, Director of Office of Personnel Management was to transmit

to Congress a report specifying total number of Senior Executive

Services positions authorized for Social Security Administration in

connection with such work force plan.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 405, 1383 of this title.

-End-

-CITE-

42 USC Secs. 905, 905a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Secs. 905, 905a. Transferred

-COD-

CODIFICATION

Section 905, act July 5, 1952, ch. 575, title II, Sec. 201, 66

Stat. 369, as amended, which related to the working capital fund,

was transferred to section 3513 of this title.

Section 905a, act Aug. 10, 1971, Pub. L. 92-80, title II, Sec.

200, 85 Stat. 297, which related to additional use of the working

capital fund, was transferred to section 3513b of this title.

-End-

-CITE-

42 USC Sec. 906 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 906. Training grants for public welfare personnel

-STATUTE-

(a) Authorization of appropriations

In order to assist in increasing the effectiveness and efficiency

of administration of public assistance programs by increasing the

number of adequately trained public welfare personnel available for

work in public assistance programs, there are hereby authorized to

be appropriated for the fiscal year ending June 30, 1963, the sum

of $3,500,000, and for each fiscal year thereafter the sum of

$5,000,000.

(b) Allocation for carrying out direct grant programs

Such portion of the sums appropriated pursuant to subsection (a)

of this section for any fiscal year as the Secretary may determine,

but not in excess of $1,000,000 in the case of the fiscal year

ending June 30, 1963, and $2,000,000 in the case of any fiscal year

thereafter, shall be available for carrying out subsection (f) of

this section. From the remainder of the sums so appropriated for

any fiscal year, the Secretary shall make allotments to the States

on the basis of (1) population, (2) relative need for trained

public welfare personnel, particularly for personnel to provide

self-support and self-care services, and (3) financial need.

(c) Payments to States for cost of grant programs to certain

agencies and institutions

From each State's allotment under subsection (b) of this section,

the Secretary shall from time to time pay to such State its costs

of carrying out the purposes of this section through (1) grants to

public or other nonprofit institutions of higher learning for

training personnel employed or preparing for employment in public

assistance programs, (2) special courses of study or seminars of

short duration conducted for such personnel by experts hired on a

temporary basis for the purpose, and (3) establishing and

maintaining, directly or through grants to such institutions,

fellowships or traineeships for such personnel at such

institutions, with such stipends and allowances as may be permitted

under regulations of the Secretary.

(d) Advance payments to States

Payments pursuant to subsection (c) of this section shall be made

in advance on the basis of estimates by the Secretary and

adjustments may be made in future payments under this section to

take account of overpayments or underpayments in amounts previously

paid.

(e) Reallotments

The amount of any allotment to a State under subsection (b) of

this section for any fiscal year which the State certifies to the

Secretary will not be required for carrying out the purposes of

this section in such State shall be available for reallotment from

time to time, on such dates as the Secretary may fix, to other

States which the Secretary determines have need in carrying out

such purposes for sums in excess of those previously allotted to

them under this section and will be able to use such excess amounts

during such fiscal year; such reallotments to be made on the basis

provided in subsection (b) of this section for the initial

allotments to the States. Any amount so reallotted to a State shall

be deemed part of its allotment under such subsection.

(f) Direct grants to certain agencies and institutions

(1) The portion of the sums appropriated for any fiscal year

which is determined by the Secretary under the first sentence of

subsection (b) of this section to be available for carrying out

this subsection shall be available to enable him to provide (A)

directly or through grants to or contracts with public or nonprofit

private institutions of higher learning, for training personnel who

are employed or preparing for employment in the administration of

public assistance programs, (B) directly or through grants to or

contracts with public or nonprofit private agencies or

institutions, for special courses of study or seminars of short

duration (not in excess of one year) for training of such

personnel, and (C) directly or through grants to or contracts with

public or nonprofit private institutions of higher learning, for

establishing and maintaining fellowships or traineeships for such

personnel at such institutions, with such stipends and allowances

as may be permitted by the Secretary.

(2) Payments under paragraph (1) may be made in advance on the

basis of estimates by the Secretary, or may be made by way of

reimbursement, and adjustments may be made in future payments under

this subsection to take account of overpayments or underpayments in

amounts previously paid.

(3) The Secretary may, to the extent he finds such action to be

necessary, prescribe requirements to assure that any individual

will repay the amount of his fellowship or traineeship received

under this subsection to the extent such individual fails to serve,

for the period prescribed by the Secretary, with a State or

political subdivision thereof, or with the Federal Government, in

connection with administration of any State or local public

assistance program. The Secretary may relieve any individual of his

obligation to so repay, in whole or in part, whenever and to the

extent that requirement of such repayment would, in his judgment,

be inequitable or would be contrary to the purposes of any of the

public welfare programs established by this chapter.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VII, Sec. 705, as added Aug. 1,

1956, ch. 836, title III, Sec. 332, 70 Stat. 851; amended Pub. L.

87-31, Sec. 3, May 8, 1961, 75 Stat. 77; Pub. L. 87-543, title I,

Sec. 123 (a)-(c), July 25, 1962, 76 Stat. 192.)

-MISC1-

AMENDMENTS

1962 - Subsec. (a). Pub. L. 87-543, Sec. 123(a), substituted "for

the fiscal year ending June 30, 1963, the sum of $3,500,000, and

for each fiscal year thereafter the sum of $5,000,000" for "for the

fiscal year ending June 30, 1958, the sum of $5,000,000, and for

each of the five succeeding fiscal years such sums as the Congress

may determine".

Subsec. (b). Pub. L. 87-543, Sec. 123(b), required appropriated

moneys to be made available for carrying out subsec. (f) of this

section.

Subsec. (f). Pub. L. 87-543, Sec. 123(c), added subsec. (f).

1961 - Subsec. (a). Pub. L. 87-31, Sec. 3(a), substituted "five"

for "four".

Subsec. (c). Pub. L. 87-31, Sec. 3(b), substituted "its costs of

carrying out the purposes of this section" for "80 per centum of

the total of its expenditures in carrying out the purposes of this

section".

EFFECTIVE DATE OF 1962 AMENDMENT

Section 202(b) of Pub. L. 87-543 provided that: "The amendments

made by sections 102(c), 123, and 132(d) [enacting section 727 of

this title, amending this section and sections 722 and 726 of this

title, and repealing credits to section 1308 of this title and

provisions set out as notes under section 1308 of this title] shall

be applicable in the case of fiscal years beginning after June 30,

1962."

EFFECTIVE DATE OF 1961 AMENDMENT

Section 3(b) of Pub. L. 87-31 provided that the amendment made by

that section is effective with respect to payments from allotments

from appropriations made for fiscal years beginning after June 30,

1961.

-End-

-CITE-

42 USC Sec. 907 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 907. Repealed. Pub. L. 103-296, title I, Sec. 108(a)(2), Aug.

15, 1994, 108 Stat. 1481

-MISC1-

Section, act Aug. 14, 1935, ch. 531, title VII, Sec. 706, as

added July 30, 1965, Pub. L. 89-97, title I, Sec. 109(a), 79 Stat.

339; amended Jan. 2, 1968, Pub. L. 90-248, title I, Sec. 165, title

IV, Sec. 403(d), 81 Stat. 874, 932; July 18, 1984, Pub. L. 98-369,

div. B, title VI, Sec. 2663(j)(2)(C)(ii), 98 Stat. 1170; Apr. 7,

1986, Pub. L. 99-272, title XII, Sec. 12102(g)(1), 100 Stat. 285;

Oct. 22, 1986, Pub. L. 99-514, Sec. 2, 100 Stat. 2095, provided for

appointment by Secretary every four years of an Advisory Council on

Social Security and functions of Council.

EFFECTIVE DATE OF REPEAL

Repeal effective Mar. 31, 1995, see section 110(a) of Pub. L.

103-296, set out as an Effective Date of 1994 Amendment note under

section 401 of this title.

APPLICABILITY OF REPEAL TO 1994 COUNCIL

Section 108(a)(2) of Pub. L. 103-296 provided in part that: "This

paragraph [repealing this section] shall not apply with respect to

the Advisory Council for Social Security appointed in 1994."

-End-

-CITE-

42 USC Sec. 907a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 907a. National Commission on Social Security

-STATUTE-

(a) Establishment; membership; Chairman and Vice Chairman; quorum;

terms of office; vacancies; per diem and expense reimbursement;

meetings

(1) There is established a commission to be known as the National

Commission on Social Security (hereinafter referred to as the

"Commission").

(2)(A) The Commission shall consist of -

(i) five members to be appointed by the President, by and with

the advice and consent of the Senate, one of whom shall, at the

time of appointment, be designated as Chairman of the Commission;

(ii) two members to be appointed by the Speaker of the House of

Representatives; and

(iii) two members to be appointed by the President pro tempore

of the Senate.

(B) At no time shall more than three of the members appointed by

the President, one of the members appointed by the Speaker of the

House of Representatives, or one of the members appointed by the

President pro tempore of the Senate be members of the same

political party.

(C) The membership of the Commission shall consist of individuals

who are of recognized standing and distinction and who possess the

demonstrated capacity to discharge the duties imposed on the

Commission, and shall include representatives of the private

insurance industry and of recipients and potential recipients of

benefits under the programs involved as well as individuals whose

capacity is based on a special knowledge or expertise in those

programs. No individual who is otherwise an officer or full-time

employee of the United States shall serve as a member of the

Commission.

(D) The Chairman of the Commission shall designate a member of

the Commission to act as Vice Chairman of the Commission.

(E) A majority of the members of the Commission shall constitute

a quorum, but a lesser number may conduct hearings.

(F) Members of the Commission shall be appointed for a term which

shall end on April 1, 1981.

(G) A vacancy in the Commission shall not affect its powers, but

shall be filled in the same manner as that herein provided for the

appointment of the member first appointed to the vacant position.

(3) Members of the Commission shall receive $138 per diem while

engaged in the actual performance of the duties vested in the

Commission, plus reimbursement for travel, subsistence, and other

necessary expenses incurred in the performance of such duties.

(4) The Commission shall meet at the call of the Chairman, or at

the call of a majority of the members of the Commission; but

meetings of the Commission shall be held not less frequently than

once in each calendar month which begins after a majority of the

authorized membership of the Commission has first been appointed.

(b) Continuing study, investigation, and review of social security

program; scope of study, etc., and public participation

(1) It shall be the duty and function of the Commission to

conduct a continuing study, investigation, and review of -

(A) the Federal old-age, survivors, and disability insurance

program established by subchapter II of this chapter; and

(B) the health insurance programs established by subchapter

XVIII of this chapter.

(2) Such study, investigation, and review of such programs shall

include (but not be limited to) -

(A) the fiscal status of the trust funds established for the

financing of such programs and the adequacy of such trust funds

to meet the immediate and long-range financing needs of such

programs;

(B) the scope of coverage, the adequacy of benefits including

the measurement of an adequate retirement income, and the

conditions of qualification for benefits provided by such

programs including the application of the retirement income test

to unearned as well as earned income;

(C) the impact of such programs on, and their relation to,

public assistance programs, nongovernmental retirement and

annuity programs, medical service delivery systems, and national

employment practices;

(D) any inequities (whether attributable to provisions of law

relating to the establishment and operation of such programs, to

rules and regulations promulgated in connection with the

administration of such programs, or to administrative practices

and procedures employed in the carrying out of such programs)

which affect substantial numbers of individuals who are insured

or otherwise eligible for benefits under such programs, including

inequities and inequalities arising out of marital status, sex,

or similar classifications or categories;

(E) possible alternatives to the current Federal programs or

particular aspects thereof, including but not limited to (i) a

phasing out of the payroll tax with the financing of such

programs being accomplished in some other manner (including

general revenue funding and the retirement bond), (ii) the

establishment of a system providing for mandatory participation

in any or all of the Federal programs, (iii) the integration of

such current Federal programs with private retirement programs,

and (iv) the establishment of a system permitting covered

individuals a choice of public or private programs or both;

(F) the need to develop a special Consumer Price Index for the

elderly, including the financial impact that such an index would

have on the costs of the programs established under this chapter;

and

(G) methods for effectively implementing the recommendations of

the Commission.

(3) In order to provide an effective opportunity for the general

public to participate fully in the study, investigation, and review

under this section, the Commission, in conducting such study,

investigation, and review, shall hold public hearings in as many

different geographical areas of the country as possible. The

residents of each area where such a hearing is to be held shall be

given reasonable advance notice of the hearing and an adequate

opportunity to appear and express their views on the matters under

consideration.

(c) Special, annual, and final reports to President and Congress

concerning implementation, etc., of study, investigation, and

review responsibilities; termination of Commission

(1) No later than four months after the date on which a majority

of the authorized membership of the Commission is initially

appointed, the Commission shall submit to the President and the

Congress a special report describing the Commission's plans for

conducting the study, investigation, and review under subsection

(b) of this section, with particular reference to the scope of such

study, investigation, and review and the methods proposed to be

used in conducting it.

(2) At or before the close of each of the first two years after

the date on which a majority of the authorized membership of the

Commission is initially appointed, the Commission shall submit to

the President and the Congress an annual report on the study,

investigation, and review under subsection (b) of this section,

together with its recommendations with respect to the programs

involved. The second such report shall constitute the final report

of the Commission on such study, investigation, and review, and

shall include its final recommendations; and the Commission shall

cease to exist on April 1, 1981.

(d) Executive Director and additional personnel; appointment and

compensation

(1) The Commission shall appoint an Executive Director of the

Commission who shall be compensated at a rate fixed by the

Commission, but which shall not exceed the rate established for

level V of the Executive Schedule by title 5.

(2) In addition to the Executive Director, the Commission shall

have the power to appoint and fix the compensation of such

personnel as it deems advisable, in accordance with the provisions

of title 5 governing appointments to the competitive service, and

the provisions of chapter 51 and subchapter III of chapter 53 of

such title, relating to classification and General Schedule pay

rates.

(e) Administrative procedures

In carrying out its duties under this section, the Commission, or

any duly authorized committee thereof, is authorized to hold such

hearings, sit and act at such times and places, and take such

testimony, with respect to matters with respect to which it has a

responsibility under this section, as the Commission or such

committee may deem advisable. The Chairman of the Commission or any

member authorized by him may administer oaths or affirmations to

witnesses appearing before the Commission or before any committee

thereof.

(f) Data and information from other Federal departments and

agencies

The Commission may secure directly from any department or agency

of the United States such data and information as may be necessary

to enable it to carry out its duties under this section. Upon

request of the Chairman of the Commission, any such department or

agency shall furnish any such data or information to the

Commission.

(g) Administrative support services from General Services

Administration; reimbursement

The General Services Administration shall provide to the

Commission, on a reimbursable basis such administrative support

services as the Commission may request.

(h) Authorization of appropriations

There are authorized to be appropriated such sums as may be

necessary to carry out this section.

-SOURCE-

(Pub. L. 95-216, title III, Sec. 361, Dec. 20, 1977, 91 Stat. 1556;

Pub. L. 96-265, title V, Sec. 502, June 9, 1980, 94 Stat. 470; Pub.

L. 98-369, div. B, title III, Sec. 2349(b)(3), July 18, 1984, 98

Stat. 1097.)

-REFTEXT-

REFERENCES IN TEXT

Level V of the Executive Schedule, referred to in subsec. (d)(1),

is set out in section 5316 of Title 5, Government Officers and

Employees.

The provisions of title 5 governing appointments to the

competitive service, referred to in subsec. (d)(2), are classified

to section 3301 et seq. of Title 5.

-COD-

CODIFICATION

Section was enacted as part of the Social Security Amendments of

1977, and not as part of the Social Security Act which comprises

this chapter.

-MISC1-

AMENDMENTS

1984 - Subsec. (i). Pub. L. 98-369 struck out subsec. (i) which

provided for notice of and attendance at meetings of the Health

Insurance Benefits Advisory Council.

1980 - Subsec. (a)(2)(F). Pub. L. 96-265, Sec. 502(a),

substituted "a term which shall end on April 1, 1981" for "a term

of two years".

Subsec. (c)(2). Pub. L. 96-265, Sec. 502(b), substituted "and the

Commission shall cease to exist on April 1, 1981" for "and upon the

submission of such final report the Commission shall cease to

exist".

EFFECTIVE DATE OF 1984 AMENDMENT

Section 2349(c) of Pub. L. 98-369 provided that: "The amendments

made by this section [amending this section and section 1395z of

this title and section 231f of Title 45, Railroads, and repealing

section 1395dd of this title] shall become effective on the date of

the enactment of this Act [July 18, 1984]."

-End-

-CITE-

42 USC Sec. 908 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 908. Omitted

-COD-

CODIFICATION

Section, act Aug. 14, 1935, ch. 531, title VII, Sec. 707, as

added Jan. 2, 1968, Pub. L. 90-248, title IV, Sec. 401, 81 Stat.

930, related to grants for expansion and development of

undergraduate and graduate programs in the fiscal year ending June

30, 1969, and each of the three succeeding fiscal years.

-End-

-CITE-

42 USC Sec. 909 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 909. Delivery of benefit checks

-STATUTE-

(a) Saturdays, Sundays, and holidays

If the day regularly designated for the delivery of benefit

checks under subchapter II, VIII, or XVI of this chapter falls on a

Saturday, Sunday, or legal public holiday (as defined in section

6103 of title 5) in any month, the benefit checks which would

otherwise be delivered on such day shall be mailed for delivery on

the first day preceding such day which is not a Saturday, Sunday,

or legal public holiday (as so defined), without regard to whether

the delivery of such checks would as a result have to be made

before the end of the month for which such checks are issued.

(b) Recovery of overpayments

If more than the correct amount of payment under subchapter II,

VIII, or XVI of this chapter is made to any individual as a result

of the receipt of a benefit check pursuant to subsection (a) of

this section before the end of the month for which such check is

issued, no action shall be taken (under section 404 or 1383(b) of

this title or otherwise) to recover such payment or the incorrect

portion thereof.

(c) Early delivery

For purposes of computing the "OASDI trust fund ratio" under

section 401(l) of this title, the "OASDI fund ratio" under section

415(i) of this title, and the "balance ratio" under section 910(b)

of this title, benefit checks delivered before the end of the month

for which they are issued by reason of subsection (a) of this

section shall be deemed to have been delivered on the regularly

designated delivery date.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VII, Sec. 708, as added Pub. L.

95-216, title III, Sec. 333(a), Dec. 20, 1977, 91 Stat. 1543;

amended Pub. L. 99-272, title XII, Sec. 12111(a), Apr. 7, 1986, 100

Stat. 287; Pub. L. 106-169, title II, Sec. 251(b)(5), Dec. 14,

1999, 113 Stat. 1855.)

-MISC1-

AMENDMENTS

1999 - Subsecs. (a), (b). Pub. L. 106-169 substituted "subchapter

II, VIII," for "subchapter II".

1986 - Subsec. (c). Pub. L. 99-272 added subsec. (c).

EFFECTIVE DATE OF 1986 AMENDMENT

Section 12111(c) of Pub. L. 99-272 provided that: "The amendments

made by this section [amending this section and section 86 of Title

26, Internal Revenue Code] shall apply with respect to benefit

checks issued for months ending after the date of the enactment of

this Act [Apr. 7, 1986]."

EFFECTIVE DATE

Section 333(b) of Pub. L. 95-216 provided that: "The amendment

made by subsection (a) of this section [enacting this section]

shall apply with respect to benefit checks the regularly designated

day for delivery of which occurs on or after the thirtieth day

after the date of the enactment of this Act [Dec. 20, 1977]."

TIMING OF DELIVERY OF OCTOBER 1, 2000, SSI BENEFIT PAYMENTS

Pub. L. 105-33, title V, Sec. 5527, Aug. 5, 1997, 111 Stat. 625,

provided that, notwithstanding the provisions of section 908(a) of

this title, the day designated for delivery of benefit payments

under subchapter XVI of this chapter for October 2000 would be the

second day of that month, prior to repeal by Pub. L. 106-246, div.

B, title V, Sec. 5105, July 13, 2000, 114 Stat. 582.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 26 section 86.

-End-

-CITE-

42 USC Sec. 910 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 910. Recommendations by Board of Trustees to remedy inadequate

balances in Social Security trust funds

-STATUTE-

(a) Terms and conditions of recommendations

If the Board of Trustees of the Federal Old-Age and Survivors

Insurance Trust Fund and the Federal Disability Insurance Trust

Fund, the Federal Hospital Insurance Trust Fund, or the Federal

Supplementary Medical Insurance Trust Fund determines at any time

that the balance ratio of any such Trust Fund for any calendar year

may become less than 20 percent, the Board shall promptly submit to

each House of the Congress a report setting forth its

recommendations for statutory adjustments affecting the receipts

and disbursements of such Trust Fund necessary to maintain the

balance ratio of such Trust Fund at not less than 20 percent, with

due regard to the economic conditions which created such inadequacy

in the balance ratio and the amount of time necessary to alleviate

such inadequacy in a prudent manner. The report shall set forth

specifically the extent to which benefits would have to be reduced,

taxes under section 1401, 3101, or 3111 of the Internal Revenue

Code of 1986 would have to be increased, or a combination thereof,

in order to obtain the objectives referred to in the preceding

sentence.

(b) "Balance ratio" defined

For purposes of this section, the term "balance ratio" means,

with respect to any calendar year in connection with any Trust Fund

referred to in subsection (a) of this section, the ratio of -

(1) the balance in such Trust Fund as of the beginning of such

year, including the taxes transferred under section 401(a) of

this title on the first day of such year and reduced by the

outstanding amount of any loan (including interest thereon)

theretofore made to such Trust Fund under section 401(l) or

1395i(j) of this title, to

(2) the total amount which (for amounts which will be paid from

the Federal Old-Age and Survivors Insurance Trust Fund and the

Federal Disability Insurance Trust Fund, as estimated by the

Commissioner, and for amounts which will be paid from the Federal

Hospital Insurance Trust and the Federal Supplementary Medical

Insurance Trust Fund, as estimated by the Secretary) will be paid

from such Trust Fund during such calendar year for all purposes

authorized by section 401, 1395i, or 1395t of this title (as

applicable), other than payments of interest on, or repayments

of, loans under section 401(l) or 1395i(j) of this title, but

excluding any transfer payments between such Trust Fund and any

other Trust Fund referred to in subsection (a) of this section

and reducing the amount of any transfers to the Railroad

Retirement Account by the amount of any transfers into such Trust

Fund from that Account.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VII, Sec. 709, as added Pub. L.

98-21, title I, Sec. 143, Apr. 20, 1983, 97 Stat. 102; amended Pub.

L. 99-272, title XII, Sec. 12106, Apr. 7, 1986, 100 Stat. 286; Pub.

L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103-296,

title I, Sec. 108(a)(3), Aug. 15, 1994, 108 Stat. 1481.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (a), is

classified generally to Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1994 - Subsec. (b)(2). Pub. L. 103-296 substituted "(for amounts

which will be paid from the Federal Old-Age and Survivors Insurance

Trust Fund and the Federal Disability Insurance Trust Fund, as

estimated by the Commissioner, and for amounts which will be paid

from the Federal Hospital Insurance Trust and the Federal

Supplementary Medical Insurance Trust Fund, as estimated by the

Secretary)" for "(as estimated by the Secretary)".

1986 - Subsec. (a). Pub. L. 99-514 substituted "Internal Revenue

Code of 1986" for "Internal Revenue Code of 1954".

Subsec. (b)(1). Pub. L. 99-272 amended par. (1) generally. Prior

to amendment, par. (1) read as follows: "the balance in such Trust

Fund, reduced by the outstanding amount of any loan (including

interest thereon) theretofore made to such Trust Fund under section

401(l) or 1395i(j) of this title, as of the beginning of such year,

to".

EFFECTIVE DATE OF 1994 AMENDMENT

Amendment by Pub. L. 103-296 effective Mar. 31, 1995, see section

110(a) of Pub. L. 103-296, set out as a note under section 401 of

this title.

EFFECTIVE DATE OF 1986 AMENDMENT

Amendment by Pub. L. 99-272 effective on first day of month

following April 1986, see section 12115 of Pub. L. 99-272, set out

as a note under section 415 of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 909 of this title.

-End-

-CITE-

42 USC Sec. 911 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 911. Budgetary treatment of trust fund operations

-STATUTE-

(a) The receipts and disbursements of the Federal Old-Age and

Survivors Insurance Trust Fund and the Federal Disability Insurance

Trust Fund and the taxes imposed under sections 1401 and 3101 of

the Internal Revenue Code of 1986 shall not be included in the

totals of the budget of the United States Government as submitted

by the President or of the congressional budget and shall be exempt

from any general budget limitation imposed by statute on

expenditures and net lending (budget outlays) of the United States

Government.

(b) No provision of law enacted after December 12, 1985 (other

than a provision of an appropriation Act that appropriated funds

authorized under this chapter as in effect on December 12, 1985)

may provide for payments from the general fund of the Treasury to

any Trust Fund specified in subsection (a) of this section or for

payments from any such Trust Fund to the general fund of the

Treasury.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VII, Sec. 710, as added and amended

Pub. L. 98-21, title III, Sec. 346(a)(1), (b), Apr. 20, 1983, 97

Stat. 137, 138; Pub. L. 99-177, title II, Sec. 261(a)(1), (b), Dec.

12, 1985, 99 Stat. 1093, 1094; Pub. L. 105-33, title X, Sec.

10209(c), Aug. 5, 1997, 111 Stat. 711.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec. (a), is

classified generally to Title 26, Internal Revenue Code.

-MISC1-

AMENDMENTS

1997 - Pub. L. 105-33 amended section generally. Prior to

amendment, section provided that receipts and disbursements of

Federal Old-Age and Survivors Insurance Trust Fund, Federal

Disability Insurance Trust Fund, and Federal Hospital Insurance

Trust Fund and taxes imposed under sections 1401, 3101, and 3111 of

title 26 were not to be included in totals of budget of United

States Government, that no law enacted after Dec. 12, 1985, except

certain appropriations Act provisions, could provide for payments

from general fund of the Treasury to any such Trust Fund or from

any such Trust Fund to general fund, and that disbursements of

Federal Supplementary Medical Insurance Trust Fund were to be

treated as a separate major functional category in budget of the

Government.

1985 - Subsec. (a). Pub. L. 99-177, Sec. 261(b), designated

existing provisions as par. (1) and added par. (2).

Pub. L. 99-177, Sec. 261(a)(1)(E), temporarily added subsec. (a).

See Effective and Termination Dates of 1985 Amendment note below.

Subsec. (b). Pub. L. 99-177, Sec. 261(a)(1)(A)-(D), temporarily

designated existing provisions as subsec. (b), struck out

references to the Federal Old-Age and Survivors Insurance Trust

Fund and to the Federal Disability Insurance Trust Fund, and

substituted "sections 1401(b), 3101(b), and 3111(b) of the Internal

Revenue Code of 1954" for "sections 1401, 3101, and 3111 of the

Internal Revenue Code of 1954". See Effective and Termination Dates

of 1985 Amendment note below.

Subsec. (c). Pub. L. 99-177, Sec. 261(a)(1)(F), temporarily added

subsec. (c). See Effective and Termination Dates of 1985 Amendment

note below.

1983 - Pub. L. 98-21, Sec. 346(b), amended section generally,

adding subsec. (a) and designating existing provisions as subsec.

(b) and striking out "Federal Old-Age and Survivors Insurance Trust

Fund, the Federal Disability Insurance Trust Fund, the Federal

Hospital Insurance Trust Fund, and the" after "The disbursements of

the" and substituting "such Trust Fund" for "such Trust Funds",

including the taxes imposed under sections 1401, 3101, and 3111 of

the Internal Revenue Code of 1954," after "receipts of such Trust

Fund".

EFFECTIVE AND TERMINATION DATES OF 1985 AMENDMENT

Section 261(a)(2) of Pub. L. 99-177 provided that: "The

amendments made by paragraph (1) [amending this section] shall

apply with respect to fiscal years beginning after September 30,

1985, and ending before October 1, 1992."

EFFECTIVE DATE OF 1983 AMENDMENT

Section 346(b) of Pub. L. 98-21 provided that the amendment made

by that section is effective for fiscal years beginning on or after

Oct. 1, 1992.

EFFECTIVE AND TERMINATION DATES

Section 346(a)(2) of Pub. L. 98-21 provided that: "The amendment

made by paragraph (1) [enacting this section] shall apply with

respect to fiscal years beginning on or after October 1, 1984, and

ending on or before September 30, 1992, except that such amendment

shall apply with respect to the fiscal year beginning on October 1,

1983, to the extent it relates to the congressional budget."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 906.

-End-

-CITE-

42 USC Sec. 912 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 912. Office of Rural Health Policy

-STATUTE-

(a) There shall be established in the Department of Health and

Human Services (in this section referred to as the "Department") an

Office of Rural Health Policy (in this section referred to as the

"Office"). The Office shall be headed by a Director, who shall

advise the Secretary on the effects of current policies and

proposed statutory, regulatory, administrative, and budgetary

changes in the programs established under subchapters XVIII and XIX

of this chapter on the financial viability of small rural

hospitals, the ability of rural areas (and rural hospitals in

particular) to attract and retain physicians and other health

professionals, and access to (and the quality of) health care in

rural areas.

(b) In addition to advising the Secretary with respect to the

matters specified in subsection (a) of this section, the Director,

through the Office, shall -

(1) oversee compliance with the requirements of section 1302(b)

of this title and section 4403 of the Omnibus Budget

Reconciliation Act of 1987 (as such section pertains to rural

health issues),

(2) establish and maintain a clearinghouse for collecting and

disseminating information on -

(A) rural health care issues, including rural mental health,

rural infant mortality prevention, and rural occupational

safety and preventive health promotion,

(B) research findings relating to rural health care, and

(C) innovative approaches to the delivery of health care in

rural areas, including programs providing community-based

mental health services, pre-natal and infant care services, and

rural occupational safety and preventive health education and

promotion,

(3) coordinate the activities within the Department that relate

to rural health care, and

(4) provide information to the Secretary and others in the

Department with respect to the activities, of other Federal

departments and agencies, that relate to rural health care,

including activities relating to rural mental health, rural

infant mortality, and rural occupational safety and preventive

health promotion.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VII, Sec. 711, as added Pub. L.

100-203, title IV, Sec. 4401, Dec. 22, 1987, 101 Stat. 1330-225;

amended Pub. L. 100-360, title IV, Sec. 411(m)(1), July 1, 1988,

102 Stat. 806; Pub. L. 101-239, title VI, Sec. 6213(g), Dec. 19,

1989, 103 Stat. 2251.)

-REFTEXT-

REFERENCES IN TEXT

Section 4403 of the Omnibus Budget Reconciliation Act of 1987,

referred to in subsec. (b)(1), is section 4403 of Pub. L. 100-203,

which is set out as a note under section 1395b-1 of this title.

-MISC1-

AMENDMENTS

1989 - Subsec. (b)(2)(A). Pub. L. 101-239, Sec. 6213(g)(1),

substituted "health care issues, including rural mental health,

rural infant mortality prevention, and rural occupational safety

and preventive health promotion" for "health care issues".

Subsec. (b)(2)(C). Pub. L. 101-239, Sec. 6213(g)(2), substituted

"health care in rural areas, including programs providing

community-based mental health services, pre-natal and infant care

services, and rural occupational safety and preventive health

education and promotion" for "health care in rural areas".

Subsec. (b)(4). Pub. L. 101-239, Sec. 6213(g)(3), substituted

"rural health care, including activities relating to rural mental

health, rural infant mortality, and rural occupational safety and

preventive health promotion" for "rural health care".

1988 - Subsec. (b)(1). Pub. L. 100-360 substituted "section 4403

of the Omnibus Budget Reconciliation Act of 1987 (as such section

pertains to rural health issues)" for "section 4083 of the Omnibus

Budget Reconciliation Act of 1987".

EFFECTIVE DATE OF 1988 AMENDMENT

Except as specifically provided in section 411 of Pub. L.

100-360, amendment by Pub. L. 100-360, as it relates to a provision

in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100-203,

effective as if included in the enactment of that provision in Pub.

L. 100-203, see section 411(a) of Pub. L. 100-360, set out as a

Reference to OBRA; Effective Date note under section 106 of Title

1, General Provisions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 254r of this title.

-End-

-CITE-

42 USC Sec. 913 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VII - ADMINISTRATION

-HEAD-

Sec. 913. Duties and authority of Secretary

-STATUTE-

The Secretary shall perform the duties imposed upon the Secretary

by this chapter. The Secretary is authorized to appoint and fix the

compensation of such officers and employees, and to make such

expenditures as may be necessary for carrying out the functions of

the Secretary under this chapter. The Secretary may appoint

attorneys and experts without regard to the civil service laws.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VII, Sec. 712, as added Pub. L.

103-296, title I, Sec. 108(a)(1), Aug. 15, 1994, 108 Stat. 1481.)

-REFTEXT-

REFERENCES IN TEXT

The civil service laws, referred to in text, are classified

generally to Title 5, Government Organization and Employees. See,

particularly, section 3301 et seq. of Title 5.

-End-

-CITE-

42 USC SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN

WORLD WAR II VETERANS 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II

VETERANS

-MISC1-

PRIOR PROVISIONS

A prior subchapter VIII, relating to taxes with respect to

employment and consisting of sections 1001 to 1011 of this title,

was omitted. See Prior Provisions note set out under section 1001

of this title.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 401, 405, 659, 903,

909, 1008, 1320a-8, 1320a-8a, 1320b-17, 1320b-18, 1382, 1383 of

this title; title 31 section 3716.

-End-

-CITE-

42 USC Sec. 1001 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1001. Basic entitlement to benefits

-STATUTE-

Every individual who is a qualified individual under section 1002

of this title shall, in accordance with and subject to the

provisions of this subchapter, be entitled to a monthly benefit

paid by the Commissioner of Social Security for each month after

September 2000 (or such earlier month, if the Commissioner

determines is administratively feasible) the individual resides

outside the United States.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 801, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1844.)

-MISC1-

PRIOR PROVISIONS

Prior sections 1001 to 1011, act Aug. 14, 1935, ch. 531, title

VIII, Secs. 801-811, 49 Stat. 636-639, related to taxes with

respect to employment. Section 4 of act Feb. 10, 1939, ch. 2, 53

Stat. 1, which act enacted Title 26, Internal Revenue Code of 1939,

provided that all laws and parts of laws codified into the I.R.C.

1939, to the extent that they related exclusively to internal

revenue laws, were repealed. Provisions of I.R.C. 1939 were

generally repealed by section 7851 of Title 26, Internal Revenue

Code of 1954 (act Aug. 16, 1954, ch. 736, 68A Stat. 3). See, also,

section 7807 of said Title 26, I.R.C. 1954, respecting rules in

effect upon enactment of I.R.C. 1954. The I.R.C. 1954 was

redesignated I.R.C. 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986,

100 Stat. 2095. The omitted sections were formerly and are now

covered by certain sections in Title 26, I.R.C. 1939 and I.R.C.

1986, respectively, as follows:

Omitted I.R.C. 1939 I.R.C. 1986

sections

--------------------------------------------------------------------

1001 1400 3101.

1002 1402 3102.

1003 1401 3502.

1004 1410 3111.

1005 1411 6205(a), 6413(a).

1006 1421 6205(b), 6413(b).

1007 1420, 1430 3501.

1008 1429 7805(a), (c).

1009 1423, 1424 6801 et seq.

1010 1425 7208(1), 7209.

1011 (as amended Aug. 1426 3121, 7701(a)(1).

10, 1939, ch. 666,

title IX, Sec.

905(a), 53 Stat. 1400)

--------------------------------------------------------------------

Section 1001 related to income tax on employees.

Section 1002 related to deduction of tax from wages.

Section 1003 related to deductibility from income taxes.

Section 1004 related to excise tax on employers.

Section 1005 related to adjustment of employers' tax.

Section 1006 related to refunds and deficiencies.

Section 1007 related to collection and payment of taxes.

Section 1008 related to rules and regulations.

Section 1009 related to sale by postmasters of stamps or other

devices for collection or payment of tax.

Section 1010 related to penalties.

Section 1011 related to definitions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1003 of this title.

-End-

-CITE-

42 USC Sec. 1002 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1002. Qualified individuals

-STATUTE-

Except as otherwise provided in this subchapter, an individual -

(1) who has attained the age of 65 on or before December 14,

1999;

(2) who is a World War II veteran;

(3) who is eligible for a supplemental security income benefit

under subchapter XVI of this chapter for -

(A) the month in which this subchapter is enacted; and

(B) the month in which the individual files an application

for benefits under this subchapter;

(4) whose total benefit income is less than 75 percent of the

Federal benefit rate under subchapter XVI of this chapter;

(5) who has filed an application for benefits under this

subchapter; and

(6) who is in compliance with all requirements imposed by the

Commissioner of Social Security under this subchapter,

shall be a qualified individual for purposes of this subchapter.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 802, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1844.)

-MISC1-

PRIOR PROVISIONS

For prior provisions, see note set out under section 1001 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1001, 1004 of this title.

-End-

-CITE-

42 USC Sec. 1003 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1003. Residence outside the United States

-STATUTE-

For purposes of section 1001 of this title, with respect to any

month, an individual shall be regarded as residing outside the

United States if, on the first day of the month, the individual so

resides outside the United States.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 803, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1845.)

-MISC1-

PRIOR PROVISIONS

For prior provisions, see note set out under section 1001 of this

title.

-End-

-CITE-

42 USC Sec. 1004 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1004. Disqualifications

-STATUTE-

(a) In general

Notwithstanding section 1002 of this title, an individual may not

be a qualified individual for any month -

(1) that begins after the month in which the Commissioner of

Social Security is notified by the Attorney General that the

individual has been removed from the United States pursuant to

section 1227(a) or 1182(a)(6)(A) of title 8 and before the month

in which the individual is lawfully admitted to the United States

for permanent residence;

(2) during any part of which the individual is fleeing to avoid

prosecution, or custody or confinement after conviction, under

the laws of the United States or the jurisdiction within the

United States from which the person has fled, for a crime, or an

attempt to commit a crime, that is a felony under the laws of the

place from which the individual has fled, or which, in the case

of the State of New Jersey, is a high misdemeanor under the laws

of such State;

(3) during any part of which the individual violates a

condition of probation or parole imposed under Federal or State

law; or

(4) during which the individual resides in a foreign country

and is not a citizen or national of the United States if payments

for such month to individuals residing in such country are

withheld by the Treasury Department under section 3329 of title

31.

(b) Requirement for Attorney General

For the purpose of carrying out subsection (a)(1) of this

section, the Attorney General shall notify the Commissioner of

Social Security as soon as practicable after the removal of any

individual under section 1227(a) or 1182(a)(6)(A) of title 8.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 804, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1845.)

-MISC1-

PRIOR PROVISIONS

For prior provisions, see note set out under section 1001 of this

title.

-End-

-CITE-

42 USC Sec. 1005 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1005. Benefit amount

-STATUTE-

The benefit under this subchapter payable to a qualified

individual for any month shall be in an amount equal to 75 percent

of the Federal benefit rate under subchapter XVI of this chapter

for the month, reduced by the amount of the qualified individual's

benefit income for the month.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 805, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1845.)

-MISC1-

PRIOR PROVISIONS

For prior provisions, see note set out under section 1001 of this

title.

-End-

-CITE-

42 USC Sec. 1006 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1006. Applications and furnishing of information

-STATUTE-

(a) In general

The Commissioner of Social Security shall, subject to subsection

(b) of this section, prescribe such requirements with respect to

the filing of applications, the furnishing of information and other

material, and the reporting of events and changes in circumstances,

as may be necessary for the effective and efficient administration

of this subchapter.

(b) Verification requirement

The requirements prescribed by the Commissioner of Social

Security under subsection (a) of this section shall preclude any

determination of entitlement to benefits under this subchapter

solely on the basis of declarations by the individual concerning

qualifications or other material facts, and shall provide for

verification of material information from independent or collateral

sources, and the procurement of additional information as necessary

in order to ensure that the benefits are provided only to qualified

individuals (or their representative payees) in correct amounts.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 806, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1846.)

-MISC1-

PRIOR PROVISIONS

For prior provisions, see note set out under section 1001 of this

title.

-End-

-CITE-

42 USC Sec. 1007 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1007. Representative payees

-STATUTE-

(a) In general

If the Commissioner of Social Security determines that the

interest of any qualified individual under this subchapter would be

served thereby, payment of the qualified individual's benefit under

this subchapter may be made, regardless of the legal competency or

incompetency of the qualified individual, either directly to the

qualified individual, or for his or her benefit, to another person

(the meaning of which term, for purposes of this section, includes

an organization) with respect to whom the requirements of

subsection (b) of this section have been met (in this section

referred to as the qualified individual's "representative payee").

If the Commissioner of Social Security determines that a

representative payee has misused any benefit paid to the

representative payee pursuant to this section, 405(j) of this

title, or section 1383(a)(2) of this title, the Commissioner of

Social Security shall promptly revoke the person's designation as

the qualified individual's representative payee under this

subsection, and shall make payment to an alternative representative

payee or, if the interest of the qualified individual under this

subchapter would be served thereby, to the qualified individual.

(b) Examination of fitness of prospective representative payee

(1) Any determination under subsection (a) of this section to pay

the benefits of a qualified individual to a representative payee

shall be made on the basis of -

(A) an investigation by the Commissioner of Social Security of

the person to serve as representative payee, which shall be

conducted in advance of the determination and shall, to the

extent practicable, include a face-to-face interview with the

person (or, in the case of an organization, a representative of

the organization); and

(B) adequate evidence that the arrangement is in the interest

of the qualified individual.

(2) As part of the investigation referred to in paragraph (1),

the Commissioner of Social Security shall -

(A) require the person being investigated to submit documented

proof of the identity of the person;

(B) in the case of a person who has a social security account

number issued for purposes of the program under subchapter II of

this chapter or an employer identification number issued for

purposes of the Internal Revenue Code of 1986, verify the number;

(C) determine whether the person has been convicted of a

violation of section 408, 1011, or 1383a of this title; and

(D) determine whether payment of benefits to the person in the

capacity as representative payee has been revoked or terminated

pursuant to this section, section 405(j) of this title, or

section 1383(a)(2)(A)(iii) of this title by reason of misuse of

funds paid as benefits under this subchapter, subchapter II, or

XVI of this chapter, respectively.

(c) Requirement for maintaining lists of undesirable payees

The Commissioner of Social Security shall establish and maintain

lists which shall be updated periodically and which shall be in a

form that renders such lists available to the servicing offices of

the Social Security Administration. The lists shall consist of -

(1) the names and (if issued) social security account numbers

or employer identification numbers of all persons with respect to

whom, in the capacity of representative payee, the payment of

benefits has been revoked or terminated under this section,

section 405(j) of this title, or section 1383(a)(2)(A)(iii) of

this title by reason of misuse of funds paid as benefits under

this subchapter, subchapter II, or XVI of this chapter,

respectively; and

(2) the names and (if issued) social security account numbers

or employer identification numbers of all persons who have been

convicted of a violation of section 408, 1011, or 1383a of this

title.

(d) Persons ineligible to serve as representative payees

(1) In general

The benefits of a qualified individual may not be paid to any

other person pursuant to this section if -

(A) the person has been convicted of a violation of section

408, 1011, or 1383a of this title;

(B) except as provided in paragraph (2), payment of benefits

to the person in the capacity of representative payee has been

revoked or terminated under this section, section 405(j) of

this title, or section 1383(a)(2)(A)(ii) (!1) of this title by

reason of misuse of funds paid as benefits under this

subchapter, subchapter II, or subchapter XVI of this chapter,

respectively; or

(C) except as provided in paragraph (2)(B), the person is a

creditor of the qualified individual and provides the qualified

individual with goods or services for consideration.

(2) Exemptions

(A) The Commissioner of Social Security may prescribe

circumstances under which the Commissioner of Social Security may

grant an exemption from paragraph (1) to any person on a

case-by-case basis if the exemption is in the best interest of

the qualified individual whose benefits would be paid to the

person pursuant to this section.

(B) Paragraph (1)(C) shall not apply with respect to any person

who is a creditor referred to in such paragraph if the creditor

is -

(i) a relative of the qualified individual and the relative

resides in the same household as the qualified individual;

(ii) a legal guardian or legal representative of the

individual;

(iii) a facility that is licensed or certified as a care

facility under the law of the political jurisdiction in which

the qualified individual resides;

(iv) a person who is an administrator, owner, or employee of

a facility referred to in clause (iii), if the qualified

individual resides in the facility, and the payment to the

facility or the person is made only after the Commissioner of

Social Security has made a good faith effort to locate an

alternative representative payee to whom payment would serve

the best interests of the qualified individual; or

(v) a person who is determined by the Commissioner of Social

Security, on the basis of written findings and pursuant to

procedures prescribed by the Commissioner of Social Security,

to be acceptable to serve as a representative payee.

(C) The procedures referred to in subparagraph (B)(v) shall

require the person who will serve as representative payee to

establish, to the satisfaction of the Commissioner of Social

Security, that -

(i) the person poses no risk to the qualified individual;

(ii) the financial relationship of the person to the

qualified individual poses no substantial conflict of interest;

and

(iii) no other more suitable representative payee can be

found.

(e) Deferral of payment pending appointment of representative payee

(1) In general

Subject to paragraph (2), if the Commissioner of Social

Security makes a determination described in the first sentence of

subsection (a) of this section with respect to any qualified

individual's benefit and determines that direct payment of the

benefit to the qualified individual would cause substantial harm

to the qualified individual, the Commissioner of Social Security

may defer (in the case of initial entitlement) or suspend (in the

case of existing entitlement) direct payment of the benefit to

the qualified individual, until such time as the selection of a

representative payee is made pursuant to this section.

(2) Time limitation

(A) In general

Except as provided in subparagraph (B), any deferral or

suspension of direct payment of a benefit pursuant to paragraph

(1) shall be for a period of not more than 1 month.

(B) Exception in the case of incompetency

Subparagraph (A) shall not apply in any case in which the

qualified individual is, as of the date of the Commissioner of

Social Security's determination, legally incompetent under the

laws of the jurisdiction in which the individual resides.

(3) Payment of retroactive benefits

Payment of any benefits which are deferred or suspended pending

the selection of a representative payee shall be made to the

qualified individual or the representative payee as a single sum

or over such period of time as the Commissioner of Social

Security determines is in the best interest of the qualified

individual.

(f) Hearing

Any qualified individual who is dissatisfied with a determination

by the Commissioner of Social Security to make payment of the

qualified individual's benefit to a representative payee under

subsection (a) of this section or with the designation of a

particular person to serve as representative payee shall be

entitled to a hearing by the Commissioner of Social Security to the

same extent as is provided in section 1009(a) of this title, and to

judicial review of the Commissioner of Social Security's final

decision as is provided in section 1009(b) of this title.

(g) Notice requirements

(1) In general

In advance, to the extent practicable, of the payment of a

qualified individual's benefit to a representative payee under

subsection (a) of this section, the Commissioner of Social

Security shall provide written notice of the Commissioner's

initial determination to so make the payment. The notice shall be

provided to the qualified individual, except that, if the

qualified individual is legally incompetent, then the notice

shall be provided solely to the legal guardian or legal

representative of the qualified individual.

(2) Specific requirements

Any notice required by paragraph (1) shall be clearly written

in language that is easily understandable to the reader, shall

identify the person to be designated as the qualified

individual's representative payee, and shall explain to the

reader the right under subsection (f) of this section of the

qualified individual or of the qualified individual's legal

guardian or legal representative -

(A) to appeal a determination that a representative payee is

necessary for the qualified individual;

(B) to appeal the designation of a particular person to serve

as the representative payee of the qualified individual; and

(C) to review the evidence upon which the designation is

based and to submit additional evidence.

(h) Accountability monitoring

(1) In general

In any case where payment under this subchapter is made to a

person other than the qualified individual entitled to the

payment, the Commissioner of Social Security shall establish a

system of accountability monitoring under which the person shall

report not less often than annually with respect to the use of

the payments. The Commissioner of Social Security shall establish

and implement statistically valid procedures for reviewing the

reports in order to identify instances in which persons are not

properly using the payments.

(2) Special reports

Notwithstanding paragraph (1), the Commissioner of Social

Security may require a report at any time from any person

receiving payments on behalf of a qualified individual, if the

Commissioner of Social Security has reason to believe that the

person receiving the payments is misusing the payments.

(3) Maintaining lists of payees

The Commissioner of Social Security shall maintain lists which

shall be updated periodically of -

(A) the name, address, and (if issued) the social security

account number or employer identification number of each

representative payee who is receiving benefit payments pursuant

to this section, section 405(j) of this title, or section

1383(a)(2) of this title; and

(B) the name, address, and social security account number of

each individual for whom each representative payee is reported

to be providing services as representative payee pursuant to

this section, section 405(j) of this title, or section

1383(a)(2) of this title.

(4) Maintaining lists of agencies

The Commissioner of Social Security shall maintain lists, which

shall be updated periodically, of public agencies and

community-based nonprofit social service agencies which are

qualified to serve as representative payees pursuant to this

section and which are located in the jurisdiction in which any

qualified individual resides.

(i) Restitution

In any case where the negligent failure of the Commissioner of

Social Security to investigate or monitor a representative payee

results in misuse of benefits by the representative payee, the

Commissioner of Social Security shall make payment to the qualified

individual or the individual's alternative representative payee of

an amount equal to the misused benefits. The Commissioner of Social

Security shall make a good faith effort to obtain restitution from

the terminated representative payee.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 807, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1846.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec.

(b)(2)(B), is classified generally to Title 26, Internal Revenue

Code.

-MISC1-

PRIOR PROVISIONS

For prior provisions, see note set out under section 1001 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 405, 1008, 1011, 1383 of

this title.

-FOOTNOTE-

(!1) So in original. Probably should be "1383(a)(2)(A)(iii)".

-End-

-CITE-

42 USC Sec. 1008 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1008. Overpayments and underpayments

-STATUTE-

(a) In general

Whenever the Commissioner of Social Security finds that more or

less than the correct amount of payment has been made to any person

under this subchapter, proper adjustment or recovery shall be made,

as follows:

(1) With respect to payment to a person of more than the

correct amount, the Commissioner of Social Security shall

decrease any payment -

(A) under this subchapter to which the overpaid person (if a

qualified individual) is entitled, or shall require the

overpaid person or his or her estate to refund the amount in

excess of the correct amount, or, if recovery is not obtained

under these two methods, shall seek or pursue recovery by means

of reduction in tax refunds based on notice to the Secretary of

the Treasury, as authorized under section 3720A of title 31; or

(B) under subchapter II of this chapter to recover the amount

in excess of the correct amount, if the person is not currently

eligible for payment under this subchapter.

(2) With respect to payment of less than the correct amount to

a qualified individual who, at the time the Commissioner of

Social Security is prepared to take action with respect to the

underpayment -

(A) is living, the Commissioner of Social Security shall make

payment to the qualified individual (or the qualified

individual's representative payee designated under section 1007

of this title) of the balance of the amount due the underpaid

qualified individual; or

(B) is deceased, the balance of the amount due shall revert

to the general fund of the Treasury.

(b) No effect on subchapter VIII eligibility or benefit amount

In any case in which the Commissioner of Social Security takes

action in accordance with subsection (a)(1)(B) of this section to

recover an amount incorrectly paid to an individual, that

individual shall not, as a result of such action -

(1) become qualified for benefits under this subchapter; or

(2) if such individual is otherwise so qualified, become

qualified for increased benefits under this subchapter.

(c) Waiver of recovery of overpayment

In any case in which more than the correct amount of payment has

been made, there shall be no adjustment of payments to, or recovery

by the United States from, any person who is without fault if the

Commissioner of Social Security determines that the adjustment or

recovery would defeat the purpose of this subchapter or would be

against equity and good conscience.

(d) Limited immunity for disbursing officers

A disbursing officer may not be held liable for any amount paid

by the officer if the adjustment or recovery of the amount is

waived under subsection (b) of this section, or adjustment under

subsection (a) of this section is not completed before the death of

the qualified individual against whose benefits deductions are

authorized.

(e) Authorized collection practices

(1) In general

With respect to any delinquent amount, the Commissioner of

Social Security may use the collection practices described in

sections 3711(e), 3716, and 3718 of title 31, as in effect on

October 1, 1994.

(2) Definition

For purposes of paragraph (1), the term "delinquent amount"

means an amount -

(A) in excess of the correct amount of the payment under this

subchapter; and

(B) determined by the Commissioner of Social Security to be

otherwise unrecoverable under this section from a person who is

not a qualified individual under this subchapter.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 808, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1850.)

-MISC1-

PRIOR PROVISIONS

For prior provisions, see note set out under section 1001 of this

title.

-End-

-CITE-

42 USC Sec. 1009 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1009. Hearings and review

-STATUTE-

(a) Hearings

(1) In general

The Commissioner of Social Security shall make findings of fact

and decisions as to the rights of any individual applying for

payment under this subchapter. The Commissioner of Social

Security shall provide reasonable notice and opportunity for a

hearing to any individual who is or claims to be a qualified

individual and is in disagreement with any determination under

this subchapter with respect to entitlement to, or the amount of,

benefits under this subchapter, if the individual requests a

hearing on the matter in disagreement within 60 days after notice

of the determination is received, and, if a hearing is held,

shall, on the basis of evidence adduced at the hearing affirm,

modify, or reverse the Commissioner of Social Security's findings

of fact and the decision. The Commissioner of Social Security

may, on the Commissioner of Social Security's own motion, hold

such hearings and conduct such investigations and other

proceedings as the Commissioner of Social Security deems

necessary or proper for the administration of this subchapter. In

the course of any hearing, investigation, or other proceeding,

the Commissioner may administer oaths and affirmations, examine

witnesses, and receive evidence. Evidence may be received at any

hearing before the Commissioner of Social Security even though

inadmissible under the rules of evidence applicable to court

procedure. The Commissioner of Social Security shall specifically

take into account any physical, mental, educational, or

linguistic limitation of the individual (including any lack of

facility with the English language) in determining, with respect

to the entitlement of the individual for benefits under this

subchapter, whether the individual acted in good faith or was at

fault, and in determining fraud, deception, or intent.

(2) Effect of failure to timely request review

A failure to timely request review of an initial adverse

determination with respect to an application for any payment

under this subchapter or an adverse determination on

reconsideration of such an initial determination shall not serve

as a basis for denial of a subsequent application for any payment

under this subchapter if the applicant demonstrates that the

applicant failed to so request such a review acting in good faith

reliance upon incorrect, incomplete, or misleading information,

relating to the consequences of reapplying for payments in lieu

of seeking review of an adverse determination, provided by any

officer or employee of the Social Security Administration.

(3) Notice requirements

In any notice of an adverse determination with respect to which

a review may be requested under paragraph (1), the Commissioner

of Social Security shall describe in clear and specific language

the effect on possible entitlement to benefits under this

subchapter of choosing to reapply in lieu of requesting review of

the determination.

(b) Judicial review

The final determination of the Commissioner of Social Security

after a hearing under subsection (a)(1) of this section shall be

subject to judicial review as provided in section 405(g) of this

title to the same extent as the Commissioner of Social Security's

final determinations under section 405 of this title.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 809, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1851.)

-MISC1-

PRIOR PROVISIONS

For prior provisions, see note set out under section 1001 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1007 of this title; title

31 section 3716.

-End-

-CITE-

42 USC Sec. 1010 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1010. Other administrative provisions

-STATUTE-

(a) Regulations and administrative arrangements

The Commissioner of Social Security may prescribe such

regulations, and make such administrative and other arrangements,

as may be necessary or appropriate to carry out this subchapter.

(b) Payment of benefits

Benefits under this subchapter shall be paid at such time or

times and in such installments as the Commissioner of Social

Security determines are in the interests of economy and efficiency.

(c) Entitlement redeterminations

An individual's entitlement to benefits under this subchapter,

and the amount of the benefits, may be redetermined at such time or

times as the Commissioner of Social Security determines to be

appropriate.

(d) Suspension and termination of benefits

Regulations prescribed by the Commissioner of Social Security

under subsection (a) of this section may provide for the suspension

and termination of entitlement to benefits under this subchapter as

the Commissioner determines is appropriate.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 810, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1852.)

-MISC1-

PRIOR PROVISIONS

For prior provisions, see note set out under section 1001 of this

title.

-End-

-CITE-

42 USC Sec. 1010a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1010a. Optional Federal administration of State recognition

payments

-STATUTE-

(a) In general

The Commissioner of Social Security may enter into an agreement

with any State (or political subdivision thereof) that provides

cash payments on a regular basis to individuals entitled to

benefits under this subchapter under which the Commissioner of

Social Security shall make such payments on behalf of such State

(or subdivision).

(b) Agreement terms

(1) In general

Such agreement shall include such terms as the Commissioner of

Social Security finds necessary to achieve efficient and

effective administration of both this subchapter and the State

program.

(2) Financial terms

Such agreement shall provide for the State to pay the

Commissioner of Social Security, at such times and in such

installments as the parties may specify -

(A) an amount equal to the expenditures made by the

Commissioner of Social Security pursuant to such agreement as

payments to individuals on behalf of such State; and

(B) an administration fee to reimburse the administrative

expenses incurred by the Commissioner of Social Security in

making payments to individuals on behalf of the State.

(c) Special disposition of administration fees

Administration fees, upon collection, shall be credited to a

special fund established in the Treasury of the United States for

State recognition payments for certain World War II veterans. The

amounts so credited, to the extent and in the amounts provided in

advance in appropriations Acts, shall be available to defray

expenses incurred in carrying out this subchapter.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 810A, as added Pub. L.

106-554, Sec. 1(a)(1) [title V, Sec. 518(a)], Dec. 21, 2000, 114

Stat. 2763, 2763A-73.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1320a-8a of this title.

-End-

-CITE-

42 USC Sec. 1011 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1011. Penalties for fraud

-STATUTE-

(a) In general

Whoever -

(1) knowingly and willfully makes or causes to be made any

false statement or representation of a material fact in an

application for benefits under this subchapter;

(2) at any time knowingly and willfully makes or causes to be

made any false statement or representation of a material fact for

use in determining any right to the benefits;

(3) having knowledge of the occurrence of any event affecting -

(A) his or her initial or continued right to the benefits; or

(B) the initial or continued right to the benefits of any

other individual in whose behalf he or she has applied for or

is receiving the benefit,

conceals or fails to disclose the event with an intent

fraudulently to secure the benefit either in a greater amount or

quantity than is due or when no such benefit is authorized; or

(4) having made application to receive any such benefit for the

use and benefit of another and having received it, knowingly and

willfully converts the benefit or any part thereof to a use other

than for the use and benefit of the other individual,

shall be fined under title 18, imprisoned not more than 5 years, or

both.

(b) Restitution by representative payee

If a person or organization violates subsection (a) of this

section in the person's or organization's role as, or in applying

to become, a representative payee under section 1007 of this title

on behalf of a qualified individual, and the violation includes a

willful misuse of funds by the person or entity, the court may also

require that full or partial restitution of funds be made to the

qualified individual.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 811, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1852.)

-MISC1-

PRIOR PROVISIONS

For prior provisions, see note set out under section 1001 of this

title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 405, 1007, 1383 of this

title.

-End-

-CITE-

42 USC Sec. 1012 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1012. Definitions

-STATUTE-

In this subchapter:

(1) World War II veteran

The term "World War II veteran" means a person who -

(A) served during World War II -

(i) in the active military, naval, or air service of the

United States during World War II; or

(ii) in the organized military forces of the Government of

the Commonwealth of the Philippines, while the forces were in

the service of the Armed Forces of the United States pursuant

to the military order of the President dated July 26, 1941,

including among the military forces organized guerrilla

forces under commanders appointed, designated, or

subsequently recognized by the Commander in Chief, Southwest

Pacific Area, or other competent authority in the Army of the

United States, in any case in which the service was rendered

before December 31, 1946; and

(B) was discharged or released therefrom under conditions

other than dishonorable -

(i) after service of 90 days or more; or

(ii) because of a disability or injury incurred or

aggravated in the line of active duty.

(2) World War II

The term "World War II" means the period beginning on September

16, 1940, and ending on July 24, 1947.

(3) Supplemental security income benefit under subchapter XVI

The term "supplemental security income benefit under subchapter

XVI", except as otherwise provided, includes State supplementary

payments which are paid by the Commissioner of Social Security

pursuant to an agreement under section 1382e(a) of this title or

section 212(b) of Public Law 93-66.

(4) Federal benefit rate under subchapter XVI

The term "Federal benefit rate under subchapter XVI of this

chapter" means, with respect to any month, the amount of the

supplemental security income cash benefit (not including any

State supplementary payment which is paid by the Commissioner of

Social Security pursuant to an agreement under section 1382e(a)

of this title or section 212(b) of Public Law 93-66) payable

under subchapter XVI of this chapter for the month to an eligible

individual with no income.

(5) United States

The term "United States" means, notwithstanding section

1301(a)(1) of this title, only the 50 States, the District of

Columbia, and the Commonwealth of the Northern Mariana Islands.

(6) Benefit income

The term "benefit income" means any recurring payment received

by a qualified individual as an annuity, pension, retirement, or

disability benefit (including any veterans' compensation or

pension, workmen's compensation payment, old-age, survivors, or

disability insurance benefit, railroad retirement annuity or

pension, and unemployment insurance benefit), but only if a

similar payment was received by the individual from the same (or

a related) source during the 12-month period preceding the month

in which the individual files an application for benefits under

this subchapter.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 812, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1853.)

-REFTEXT-

REFERENCES IN TEXT

Section 212(b) of Public Law 93-66, referred to in pars. (3) and

(4), is section 212(b) of Pub. L. 93-66, title II, July 9, 1973, 87

Stat. 155, as amended, which is set out as a note under section

1382 of this title.

-End-

-CITE-

42 USC Sec. 1013 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER VIII - SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

-HEAD-

Sec. 1013. Appropriations

-STATUTE-

There are hereby appropriated for fiscal year 2000 and subsequent

fiscal years, out of any funds in the Treasury not otherwise

appropriated, such sums as may be necessary to carry out this

subchapter.

-SOURCE-

(Aug. 14, 1935, ch. 531, title VIII, Sec. 813, as added Pub. L.

106-169, title II, Sec. 251(a), Dec. 14, 1999, 113 Stat. 1854.)

-End-

-CITE-

42 USC SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE

FINANCING 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-MISC1-

AMENDMENTS

1954 - Act Aug. 5, 1954, ch. 657, Sec. 2, 68 Stat. 668, in

amending subchapter generally substituted subchapter heading

"EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING" for "TAX ON

EMPLOYMENT OF EIGHT OR MORE".

PRIOR LAW; TAX ON EMPLOYERS OF EIGHT OR MORE

Former subchapter IX, sections 1101-1103, 1105-1110, act Aug. 14,

1935, ch. 531, title IX, Secs. 901-903, 905-910, 49 Stat. 639-644,

related to taxes on employers of eight or more. Section 4 of act

Feb. 10, 1939, ch. 2, 53 Stat. 1, which act enacted Title 26,

Internal Revenue Code of 1939, provided that all laws and parts of

laws codified into the I.R.C. 1939, to the extent that they related

exclusively to internal revenue laws, were repealed. Provisions of

I.R.C. 1939 were generally repealed by section 7851 of Title 26,

Internal Revenue Code of 1954 (act Aug. 16, 1954, ch. 736, 68A

Stat. 3). See, also, section 7807 of said Title 26, I.R.C. 1954,

respecting rules in effect upon enactment of I.R.C. 1954. The

I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99-514, Sec. 2,

Oct. 22, 1986, 100 Stat. 2095. Said prior law sections were

formerly and are now covered by certain sections in Title 26,

I.R.C. 1939 and I.R.C. 1986, respectively, as follows:

Former I.R.C. 1939 I.R.C. 1986

sections

--------------------------------------------------------------------

1101 1600 3301.

1102 1601(a) 3302.

1103 1603 3304.

1105 1604, 1605, 1610 3501, 6011(a), 6065,

6071, 6081(a),

6091(b)(1), (2),

6106, 6152(a)(3),

(b), 6161(a)(1),

6313, 6601(a), (f)(1).

1106 1606 3305.

1107 (as amended act 1607 3306, 7701(a)(1).

June 25, 1938, ch.

680, Sec. 13(a), 52

Stat. 1110)

1108 1609 7805(a), (c).

1109 1601(b), (c) 3302.

1110 1602 3303.

--------------------------------------------------------------------

REPAIR OF 1938 HURRICANE DAMAGE

Act Aug. 11, 1939, ch. 719, Sec. 1, 53 Stat. 1420, provided that

no special security taxes should be collected for work done prior

to Jan. 1, 1940, in cleaning up debris and damage caused by the

1938 hurricane.

CREDITS AGAINST SOCIAL SECURITY TAX

Act Aug. 10, 1939, ch. 666, title IX, Sec. 902(a)-(d), (h), 53

Stat. 1399, provided for a credit against the social security tax

of certain contributions made with respect to employment during

calendar years 1936, 1937, or 1938. Said act Aug. 10, 1939, was

affected by act Sept. 20, 1941, ch. 412, title VII, Sec. 701(c), 55

Stat. 728.

Act May 28, 1938, ch. 289, Sec. 810, 52 Stat. 576, related to

credits against Social Security Tax for 1936. It was affected by

act Sept. 20, 1941, ch. 412, title VII, Sec. 701(c), 55 Stat. 728,

relating to credit against Federal unemployment taxes.

-End-

-CITE-

42 USC Sec. 1101 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

Sec. 1101. Employment Security Administration Account

-STATUTE-

(a) Establishment

There is hereby established in the Unemployment Trust Fund an

employment security administration account.

(b) Amount credited to Account; transfer of funds; adjustments;

repayment of internal revenue refunds

(1) There is hereby appropriated to the Unemployment Trust Fund

for credit to the employment security administration account, out

of any moneys in the Treasury not otherwise appropriated, for the

fiscal year ending June 30, 1961, and for each fiscal year

thereafter, an amount equal to 100 per centum of the tax (including

interest, penalties, and additions to the tax) received during the

fiscal year under the Federal Unemployment Tax Act [26 U.S.C. 3301

et seq.] and covered into the Treasury.

(2) The amount appropriated by paragraph (1) shall be transferred

at least monthly from the general fund of the Treasury to the

Unemployment Trust Fund and credited to the employment security

administration account. Each such transfer shall be based on

estimates made by the Secretary of the Treasury of the amounts

received in the Treasury. Proper adjustments shall be made in the

amounts subsequently transferred, to the extent prior estimates

(including estimates for the fiscal year ending June 30, 1960) were

in excess of or were less than the amounts required to be

transferred.

(3) The Secretary of the Treasury is directed to pay from time to

time from the employment security administration account into the

Treasury, as repayments to the account for refunding internal

revenue collections, amounts equal to all refunds made after June

30, 1960, of amounts received as tax under the Federal Unemployment

Tax Act [26 U.S.C. 3301 et seq.] (including interest on such

refunds).

(c) Administrative expenditures; necessary expenses; quarterly

transfer of funds; adjustments; limitation; estimate of net

receipts

(1) There are hereby authorized to be made available for

expenditure out of the employment security administration account

for the fiscal year ending June 30, 1971, and for each fiscal year

thereafter -

(A) such amounts (not in excess of the applicable limit

provided by paragraph (3) and, with respect to clause (ii), not

in excess of the limit provided by paragraph (4)) as the Congress

may deem appropriate for the purpose of -

(i) assisting the States in the administration of their

unemployment compensation laws as provided in subchapter III of

this chapter (including administration pursuant to agreements

under any Federal unemployment compensation law),

(ii) the establishment and maintenance of systems of public

employment offices in accordance with the Act of June 6, 1933,

as amended (29 U.S.C., secs. 49-49n), and

(iii) carrying into effect section 4103 of title 38;

(B) such amounts (not in excess of the limit provided by

paragraph (4) with respect to clause (iii)) as the Congress may

deem appropriate for the necessary expenses of the Department of

Labor for the performance of its functions under -

(i) this subchapter and subchapters III and XII of this

chapter,

(ii) the Federal Unemployment Tax Act [26 U.S.C. 3301 et

seq.],

(iii) the provisions of the Act of June 6, 1933, as amended

[29 U.S.C. 49 et seq.],

(iv) chapter 41 (except section 4103) of title 38, and

(v) any Federal unemployment compensation law.

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.

(2) The Secretary of the Treasury is directed to pay from the

employment security administration account into the Treasury as

miscellaneous receipts the amount estimated by him which will be

expended during a three-month period by the Treasury Department for

the performance of its functions under -

(A) this subchapter and subchapters III and XII of this

chapter, including the expenses of banks for servicing

unemployment benefit payment and clearing accounts which are

offset by the maintenance of balances of Treasury funds with such

banks,

(B) the Federal Unemployment Tax Act [26 U.S.C. 3301 et seq.],

and

(C) any Federal unemployment compensation law with respect to

which responsibility for administration is vested in the

Secretary of Labor.

If it subsequently appears that the estimates under this paragraph

in any particular period were too high or too low, appropriate

adjustments shall be made by the Secretary of the Treasury in

future payments.

(3)(A) For purposes of paragraph (1)(A), the limitation on the

amount authorized to be made available for any fiscal year after

June 30, 1970, is, except as provided in subparagraph (B) and in

the second sentence of subsection (f)(3)(A) of this section, an

amount equal to 95 percent of the amount estimated and set forth in

the budget of the United States Government for such fiscal year as

the amount by which the net receipts during such year under the

Federal Unemployment Tax Act [26 U.S.C. 3301 et seq.] will exceed

the amount transferred under section 1105(b) of this title during

such year to the extended unemployment compensation account.

(B) The limitation established by subparagraph (A) is increased

by any unexpended amount retained in the employment security

administration account in accordance with subsection (f)(2)(B) of

this section.

(C) Each estimate of net receipts under this paragraph shall be

based upon a tax rate of 0.6 percent.

(4) For purposes of paragraphs (1)(A)(ii) and (1)(B)(iii) the

amount authorized to be made available out of the employment

security administration account for any fiscal year after June 30,

1972, shall reflect the proportion of the total cost of

administering the system of public employment offices in accordance

with the Act of June 6, 1933, as amended [29 U.S.C. 49 et seq.],

and of the necessary expenses of the Department of Labor for the

performance of its functions under the provisions of such Act, as

the President determines is an appropriate charge to the employment

security administration account, and reflects in his annual budget

for such year. The President's determination, after consultation

with the Secretary, shall take into account such factors as the

relationship between employment subject to State laws and the total

labor force in the United States, the number of claimants and the

number of job applicants, and such other factors as he finds

relevant.

(5)(A) There are authorized to be appropriated out of the

employment security administration account to carry out program

integrity activities, in addition to any amounts available under

paragraph (1)(A)(i) -

(i) $89,000,000 for fiscal year 1998;

(ii) $91,000,000 for fiscal year 1999;

(iii) $93,000,000 (!1) fiscal year 2000;

(iv) $96,000,000 for fiscal year 2001; and

(v) $98,000,000 for fiscal year 2002.

(B) In any fiscal year in which a State receives funds

appropriated pursuant to this paragraph, the State shall expend a

proportion of the funds appropriated pursuant to paragraph

(1)(A)(i) to carry out program integrity activities that is not

less than the proportion of the funds appropriated under such

paragraph that was expended by the State to carry out program

integrity activities in fiscal year 1997.

(C) For purposes of this paragraph, the term "program integrity

activities" means initial claims review activities, eligibility

review activities, benefit payments control activities, and

employer liability auditing activities.

(d) Additional tax attributable to reduced credits; transfer of

funds

(1) The Secretary of the Treasury is directed to transfer from

the employment security administration account -

(A) To the Federal unemployment account, an amount equal to the

amount by which -

(i) 100 per centum of the additional tax received under the

Federal Unemployment Tax Act [26 U.S.C. 3301 et seq.] with

respect to any State by reason of the reduced credits

provisions of section 3302(c)(3) of such Act [26 U.S.C.

3302(c)(3)] and covered into the Treasury for the repayment of

advances made to the State under section 1321 of this title,

exceeds

(ii) the amount transferred to the account of such State

pursuant to subparagraph (B) of this paragraph.

Any amount transferred pursuant to this subparagraph shall be

credited against, and shall operate to reduce, that balance of

advances, made under section 1321 of this title to the State,

with respect to which employers paid such additional tax.

(B) To the account (in the Unemployment Trust Fund) of the

State with respect to which employers paid such additional tax,

an amount equal to the amount by which such additional tax

received and covered into the Treasury exceeds that balance of

advances, made under section 1321 of this title to the State,

with respect to which employers paid such additional tax.

(2) Transfers under this subsection shall be as of the beginning

of the month succeeding the month in which the moneys were credited

to the employment security administration account pursuant to

subsection (b)(2) of this section.

(e) Revolving fund; appropriations; advances to Account; repayment;

interest

(1) There is hereby established in the Treasury a revolving fund

which shall be available to make the advances authorized by this

subsection. There are hereby authorized to be appropriated, without

fiscal year limitation, to such revolving fund such amounts as may

be necessary for the purposes of this section.

(2) The Secretary of the Treasury is directed to advance from

time to time from the revolving fund to the employment security

administration account such amounts as may be necessary for the

purposes of this section. If the net balance in the employment

security administration account as of the beginning of any fiscal

year equals 40 percent of the amount of the total appropriation by

the Congress out of the employment security administration account

for the preceding fiscal year, no advance may be made under this

subsection during such fiscal year.

(3) Advances to the employment security administration account

made under this subsection shall bear interest until repaid at a

rate equal to the average rate of interest (computed as of the end

of the calendar month next preceding the date of such advance)

borne by all interest-bearing obligations of the United States then

forming a part of the public debt; except that where such average

rate is not a multiple of one-eighth of 1 per centum, the rate of

interest shall be the multiple of one-eighth of 1 per centum next

lower than such average rate.

(4) Advances to the employment security administration account

made under this subsection, plus interest accrued thereon, shall be

repaid by the transfer from time to time, from the employment

security administration account to the revolving fund, of such

amounts as the Secretary of the Treasury, in consultation with the

Secretary of Labor, determines to be available in the employment

security administration account for such repayment. Any amount

transferred as a repayment under this paragraph shall be credited

against, and shall operate to reduce, any balance of advances (plus

accrued interest) repayable under this subsection.

(f) Determination of excess in Account; limitation on amount to be

retained; use of balance in Account during certain fiscal years;

net balance

(1) The Secretary of the Treasury shall determine as of the close

of each fiscal year (beginning with the fiscal year ending June 30,

1961) the excess in the employment security administration account.

(2) The excess in the employment security administration account

as of the close of any fiscal year is the amount by which the net

balance in such account as of such time (after the application of

section 1102(b) of this title and paragraph (3)(C) of this

subsection) exceeds the net balance in the employment security

administration account as of the beginning of that fiscal year

(including the fiscal year for which the excess is being computed)

for which the net balance was higher than as of the beginning of

any other such fiscal year.

(3)(A) The excess determined as provided in paragraph (2) as of

the close of any fiscal year after June 30, 1972, shall be retained

(as of the beginning of the succeeding fiscal year) in the

employment security administration account until the amount in such

account is equal to 40 percent of the amount of the total

appropriation by the Congress out of the employment security

administration account for the fiscal year for which the excess is

determined. Three-eighths of the amount in the employment security

administration account as of the beginning of any fiscal year after

June 30, 1972, or $150 million, whichever is the lesser, is

authorized to be made available for such fiscal year pursuant to

subsection (c)(1) of this section for additional costs of

administration due to an increase in the rate of insured

unemployment for a calendar quarter of at least 15 percent over the

rate of insured unemployment for the corresponding calendar quarter

in the immediately preceding year.

(B) If the entire amount of the excess determined as provided in

paragraph (2) as of the close of any fiscal year after June 30,

1972, is not retained in the employment security administration

account, there shall be transferred (as of the beginning of the

succeeding fiscal year) to the extended unemployment compensation

account the balance of such excess or so much thereof as is

required to increase the amount in the extended unemployment

compensation account to the limit provided in section 1105(b)(2) of

this title.

(C) If as of the close of any fiscal year after June 30, 1972,

the amount in the extended unemployment compensation account

exceeds the limit provided in section 1105(b)(2) of this title,

such excess shall be transferred to the employment security

administration account as of the close of such fiscal year.

(4) For the purposes of this section, the net balance in the

employment security administration account as of any time is the

amount in such account as of such time reduced by the sum of -

(A) the amounts then subject to transfer pursuant to subsection

(d) of this section, and

(B) the balance of advances (plus interest accrued thereon)

then repayable to the revolving fund established by subsection

(e) of this section.

The net balance in the employment security administration account

as of the beginning of any fiscal year shall be determined after

the disposition of the excess in such account as of the close of

the preceding fiscal year.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IX, Sec. 901, as added Aug. 5, 1954,

ch. 657, Sec. 2, 68 Stat. 668; amended Pub. L. 86-778, title V,

Sec. 521, Sept. 13, 1960, 74 Stat. 970; Pub. L. 87-31, Sec. 7, May

8, 1961, 75 Stat. 78; Pub. L. 88-31, Sec. 1, May 29, 1963, 77 Stat.

51; Pub. L. 91-53, Sec. 3, Aug. 7, 1969, 83 Stat. 93; Pub. L.

91-373, title III, Sec. 303, Aug. 10, 1970, 84 Stat. 713; Pub. L.

94-273, Sec. 39, Apr. 21, 1976, 90 Stat. 381; Pub. L. 94-566, title

II, Sec. 211(e)(1) [(c)(1)], Oct. 20, 1976, 90 Stat. 2676; Pub. L.

97-248, title II, Sec. 271(b)(2)(A), (c)(3)(D), Sept. 3, 1982, 96

Stat. 554, 555; Pub. L. 98-369, div. B, title VI, Sec. 2663(d)(1),

(2), July 18, 1984, 98 Stat. 1167; Pub. L. 100-203, title IX, Sec.

9154(a), (c)(2), Dec. 22, 1987, 101 Stat. 1330-326; Pub. L. 102-83,

Sec. 5(c)(2), Aug. 6, 1991, 105 Stat. 406; Pub. L. 102-318, title

V, Sec. 531(d)(1), (2), July 3, 1992, 106 Stat. 316, 317; Pub. L.

105-33, title V, Sec. 5408, Aug. 5, 1997, 111 Stat. 605.)

-REFTEXT-

REFERENCES IN TEXT

The Federal Unemployment Tax Act, referred to in subsecs. (b)(1),

(3), (c)(1)(B)(ii), (2)(B), (3)(A), and (d)(1)(A)(i), is act Aug.

16, 1954, ch. 736, Secs. 3301 to 3311, 68A Stat. 439, as amended,

which is classified generally to chapter 23 (Sec. 3301 et seq.) of

Title 26, Internal Revenue Code. For complete classification of

this Act to the Code, see section 3311 of Title 26 and Tables.

Act of June 6, 1933, as amended (29 U.S.C. 49-49n), referred to

in subsec. (c)(1)(A)(ii), (B)(iii), and (4), probably means act

June 6, 1933, ch. 49, 48 Stat. 113, as amended, known as the

Wagner-Peyser Act, which is classified generally to chapter 4B

(Sec. 49 et seq.) of Title 29, Labor. Sections 49m and 49n were not

part of act June 6, 1933. For complete classification of this Act

to the Code, see Short Title note set out under section 49 of Title

29 and Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 1101, act Aug. 14, 1935, ch. 531, title IX, Sec.

901, 49 Stat. 639, related to imposition of tax. For further

details, see Prior Law note set out preceding this section.

AMENDMENTS

1997 - Subsec. (c)(5). Pub. L. 105-33 added par. (5).

1992 - Subsec. (f)(2). Pub. L. 102-318, Sec. 531(d)(1), struck

out designation for subpar. (A), substituted "The" for "Except as

provided in subparagraph (B), the", and struck out subpar. (B)

which read as follows: "With respect to the fiscal years ending

June 30, 1970, June 30, 1971, and June 30, 1972, the balance in the

employment security administration account at the close of each

such fiscal year shall not be considered excess but shall be

retained in the account for use as provided in paragraph (1) of

subsection (c) of this section."

Subsec. (g). Pub. L. 102-318, Sec. 531(d)(2), struck out subsec.

(g) which read as follows:

"(1) With respect to calendar years 1988, 1989, and 1990, the

Secretary of the Treasury shall transfer from the employment

security administration account -

"(A) to the Federal unemployment account an amount equal to 50

percent of the amount of tax received under section 3301(1) of

the Federal Unemployment Tax Act which is attributable to the

difference in the tax rates between paragraphs (1) and (2) of

such section; and

"(B) to the extended unemployment compensation account an

amount equal to 50 percent of such amount of tax received.

"(2) Transfers under this subsection shall be as of the beginning

of the month succeeding the month in which the moneys were credited

to the employment security administration account pursuant to

subsection (b)(2) of this section with respect to wages paid during

such calendar years."

1991 - Subsec. (c)(1)(A)(iii), (B)(iv). Pub. L. 102-83

substituted reference to section 4103 of title 38 for reference to

section 2003 of title 38.

1987 - Subsec. (c)(3)(C). Pub. L. 100-203, Sec. 9154(c)(2),

substituted "a tax rate of 0.6 percent" for "(i) a tax rate of 0.6

percent in the case of any calendar year for which the rate of tax

under section 3301 of the Federal Unemployment Tax Act is 6.0

percent, and (ii) a tax rate of 0.8 percent in the case of any

calendar year for which the rate of tax under such section is 6.2

percent".

Subsec. (g). Pub. L. 100-203, Sec. 9154(a), added subsec. (g).

1984 - Subsec. (c). Pub. L. 98-369, Sec. 2663(d)(1), realigned

margins of subsec. (c).

Subsec. (f). Pub. L. 98-369, Sec. 2663(d)(2), realigned margins

of par. (3).

1982 - Subsec. (c)(3)(C). Pub. L. 97-248, Sec. 271(c)(3)(D),

substituted "0.6" for "0.5", "6.0" for "3.2", and "6.2" for "3.5".

Subsec. (c)(3)(C)(ii). Pub. L. 97-248, Sec. 271(b)(2)(A),

substituted "0.8" for "0.7", struck out "3301" after "tax under

such section", and substituted "3.5" for "3.4".

1976 - Subsec. (c)(3)(C). Pub. L. 94-566 limited existing

provisions by making them applicable only in the case of calendar

years for which the rate of tax under section 3301 of the Federal

Unemployment Tax Act is 3.2 percent, designated the existing

provisions as so amended as cl. (i) and added cl. (ii).

Subsec. (f)(3)(A). Pub. L. 94-273 struck out "fiscal" after

"immediately preceding".

1970 - Subsec. (c)(1). Pub. L. 91-373, Sec. 303(a)(1),

substituted "fiscal year ending June 30, 1971" for "fiscal year

ending June 30, 1964", inserted reference to par. (4), struck out

reference to the Temporary Unemployment Compensation Act of 1958,

as amended, and substituted "section 2003 of title 38" for "section

2012 of title 38".

Subsec. (c)(2). Pub. L. 91-373, Sec. 303(a)(2), struck out

provision for the exclusion of amounts attributable to the

Temporary Unemployment Compensation Act of 1958, as amended.

Subsec. (c)(3). Pub. L. 91-373, Sec. 303(a)(3), changed the

ceiling on the amount in the employment security administration

account authorized for appropriation for State grants by making it

95 percent of the amount set forth in the budget of the United

States Government as the amount by which the net receipts during

the fiscal year are estimated to exceed the amount transferred to

the extended unemployment compensation account under section

1105(b) of this title.

Subsec. (c)(4). Pub. L. 91-373, Sec. 303(a)(4), added par. (4).

Subsec. (d). Pub. L. 91-373, Sec. 303(b), struck out reference to

section 3302(c)(2) of the Federal Unemployment Tax Act in par.

(1)(A)(i), struck out provision for separate application of par.

(1) in years in which there was both a balance described in

sections 3302(c)(2) and 3302(c)(3) of the Federal Unemployment Tax

Act, redesignated par. (3) as par. (2), and struck out former par.

(2) covering the transfer of funds from the employment security

administration account to the general fund of the Treasury and to

the State account, with respect to which employers paid additional

tax, received by reason of the reduced credit provisions of section

1400c of this title.

Subsec. (e)(2). Pub. L. 91-373, Sec. 303(c), substituted "equals

40 percent of the amount of the total appropriation by the Congress

out of the employment security administration account of the

preceding fiscal year" for "is $250,000,000".

Subsec. (f)(2)(A). Pub. L. 91-373, Sec. 303(d)(1), inserted

reference to par. (3)(C) of this subsection.

Subsec. (f)(3). Pub. L. 91-373, Sec. 303(d)(2), revised

provisions for the distribution of any excess in the employment

security administration account at the end of any fiscal year after

June 30, 1972.

1969 - Subsec. (c)(3). Pub. L. 91-53, Sec. 3(a), struck out

subpar. (A) provisions limiting expenditures for fiscal year ending

June 30, 1964, to 95 percent of amount estimated by the Secretary

of Treasury as the net receipts during such fiscal year under the

Federal Unemployment Tax Act, redesignated subpar. (B) provisions

as par. (3) without restricting their application to fiscal years

ending after June 30, 1964, increased expenditure limitation by

unexpended amount retained in the employment security

administration account in accordance with subsec. (f)(2)(B) of this

section, reenacted provision for estimate of net receipts, and

struck out dated provisions requiring the Secretary of Treasury to

report to Congress his estimate under subpar. (A) within thirty

days after May 29, 1963, the date of enactment of Pub. L. 88-31,

and providing for its printing as a House document.

Subsec. (f)(2). Pub. L. 91-53, Sec. 3(b), designated existing

provisions as subpar. (A), inserted introductory text "Except as

provided in subparagraph (B)", and added subpar. (B).

1963 - Subsec. (c). Pub. L. 88-31 substituted "June 30, 1964" for

"June 30, 1961" in par. (1), "(not in excess of the limit provided

by paragraph (3))" for "(not in excess of $350,000,000 for any

fiscal year)" in par. (1)(A), and added par. (3).

1961 - Subsec. (c)(1)(B). Pub. L. 87-31 inserted provision

relating to necessary expenses.

1960 - Subsec. (a). Pub. L. 86-778 substituted provision

establishing the employment security administration account for

former provision making an appropriation to the Unemployment Trust

Fund for fiscal year ending June 30, 1954, and for each fiscal year

thereafter, providing for transfer of funds from the general fund

in the Treasury to the Unemployment Trust Fund at the close of the

fiscal year, and adjustments in the transfers, and requiring the

Secretary of the Treasury to consult with the Secretary of Labor

with respect to estimates of employment security administrative

expenditures.

Subsec. (b). Pub. L. 86-778 substituted provisions crediting the

employment security administration with funds, and requiring

transfer of funds, adjustments and repayment of internal revenue

refunds for former provisions defining "employment security

administrative expenditures", now incorporated in subsec.

(c)(1)(A), (B), (2)(A) of this section.

Subsecs. (c) to (f). Pub. L. 86-778 added subsecs. (c) to (f).

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9154(d) of Pub. L. 100-203 provided that: "The amendments

made by this section [amending this section and sections 1102 and

1105 of this title] shall become effective on the date of the

enactment of this Act [Dec. 22, 1987]."

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by section 271(b)(2)(A) of Pub. L. 97-248 applicable to

remuneration paid after Dec. 31, 1982, and amendment by section

271(c)(3)(D) of Pub. L. 97-248 applicable to remuneration paid

after Dec. 31, 1984, see section 271(d)(1), (2) of Pub. L. 97-248,

as amended, set out as a note under section 3301 of Title 26,

Internal Revenue Code.

EFFECTIVE DATE OF 1976 AMENDMENT

Section 211(d)(3) of Pub. L. 94-566 provided that: "The

amendments made by subsection (c) [amending this section, section

1105 of this title, and section 6157 of Title 26, Internal Revenue

Code] shall take effect on the date of enactment of this Act [Oct.

20, 1976]."

EFFECTIVE DATE OF 1970 AMENDMENT

Section 303(a) of Pub. L. 91-373 provided that the amendment made

by that section is effective with respect to fiscal years after

June 30, 1970.

Section 303(c) of Pub. L. 91-373 provided that the amendment made

by that section is effective July 1, 1972.

Section 303(d) of Pub. L. 91-373 provided that the amendment made

by that section is effective with respect to fiscal years after

June 30, 1972.

EFFECTIVE DATE OF 1969 AMENDMENT

Section 4(b) of Pub. L. 91-53 provided that: "The amendments made

by section 3 [amending this section] shall take effect upon

enactment of this Act [Aug. 7, 1969]."

INCREASE IN ADMINISTRATIVE EXPENDITURES LIMITATION FOR FISCAL YEAR

1963

Section 4 of Pub. L. 88-31 provided that notwithstanding subsec.

(c)(1)(A) of this section, the limitation on the amount authorized

to be available for the fiscal year ending June 30, 1963, for the

purposes specified in subsec. (c)(1)(A), was increased to

$407,148,000.

Pub. L. 87-582, title I, Sec. 101, Aug. 14, 1962, 76 Stat. 363,

provided that notwithstanding subsec. (c)(1)(A) of this section,

the limitation on the amount authorized to be available for the

fiscal year ending June 30, 1963, for the purposes specified in

subsec. (c)(1)(A), was increased to $400,000,000.

INCREASE IN ADMINISTRATIVE EXPENDITURES LIMITATION FOR FISCAL YEARS

1961 AND 1962

Pub. L. 87-6, Sec. 15, Mar. 24, 1961, 75 Stat. 16, provided that

notwithstanding subsec. (c)(1)(A) of this section, the limitation

on the amount authorized to be available for the fiscal years

ending June 30, 1961 and June 30, 1962, for the purposes specified

in subsec. (c)(1)(A), was increased to $385,000,000 and

$415,000,000, respectively.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 501, 1102, 1103, 1105,

1110, 1321, 1323 of this title; title 26 section 3302.

-FOOTNOTE-

(!1) So in original. Probably should be followed by "for".

-End-

-CITE-

42 USC Sec. 1102 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

Sec. 1102. Transfers between Federal Unemployment Account and

Employment Security Administration Account

-STATUTE-

(a) Determination of excess; amount transferred

Whenever the Secretary of the Treasury determines pursuant to

section 1101(f) of this title that there is an excess in the

employment security administration account as of the close of any

fiscal year and the entire amount of such excess is not retained in

the employment security administration account or transferred to

the extended unemployment compensation account as provided in

section 1101(f)(3) of this title, there shall be transferred (as of

the beginning of the succeeding fiscal year) to the Federal

unemployment account the balance of such excess or so much thereof

as is required to increase the amount in the Federal unemployment

account to whichever of the following is the greater:

(1) $550 million, or

(2) the amount (determined by the Secretary of Labor and

certified by him to the Secretary of the Treasury) equal to 0.5

percent of the total wages subject (determined without any

limitation on amount) to contributions under all State

unemployment compensation laws for the calendar year ending

during the fiscal year for which the excess is determined.

(b) Unemployment account excesses

The amount, if any, by which the amount in the Federal

unemployment account as of the close of any fiscal year exceeds the

greater of the amounts specified in paragraphs (1) and (2) of

subsection (a) of this section shall be transferred to the

employment security administration account as of the close of such

fiscal year.

(c) Report to Congress

Whenever the Secretary of Labor has reason to believe that in the

next fiscal year the employment security administration account

will reach the limit provided for such account in section

1101(f)(3)(A) of this title, and the Federal unemployment account

will reach the limit provided for such account in subsection (a) of

this section, and the extended unemployment compensation account

will reach the limit provided for such account in section

1105(b)(2) of this title, he shall, after consultation with the

Secretary of the Treasury, so report to the Congress with a

recommendation for appropriate action by the Congress.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IX, Sec. 902, as added Aug. 5, 1954,

ch. 657, Sec. 2, 68 Stat. 669; amended Pub. L. 86-778, title V,

Sec. 521, Sept. 13, 1960, 74 Stat. 974; Pub. L. 91-373, title III,

Sec. 304(a), (b), Aug. 10, 1970, 84 Stat. 715, 716; Pub. L.

100-203, title IX, Sec. 9154(b)(1), Dec. 22, 1987, 101 Stat.

1330-326; Pub. L. 102-318, title V, Sec. 531(b), July 3, 1992, 106

Stat. 316; Pub. L. 105-33, title V, Sec. 5402(a), Aug. 5, 1997, 111

Stat. 603.)

-MISC1-

PRIOR PROVISIONS

A prior section 1102, act Aug. 14, 1935, ch. 531, title IX, Sec.

902, 49 Stat. 639, related to credit against tax. For further

details, see Prior Law note set out preceding section 1101 of this

title.

AMENDMENTS

1997 - Subsec. (a)(2). Pub. L. 105-33 substituted "0.5 percent"

for "0.25 percent".

1992 - Subsec. (a)(2). Pub. L. 102-318 substituted "0.25 percent"

for "five-eighths of 1 percent".

1987 - Subsec. (a)(2). Pub. L. 100-203 substituted "five-eighths"

for "one-eighth".

1970 - Subsec. (a). Pub. L. 91-373, Sec. 304(a), inserted, in

provisions preceding par. (1), reference to the retention of the

entire amount of the excess in the employment security

administration account or the transfer to the extended unemployment

compensation account as provided in section 1101(f)(3) of this

title and, in par. (2), substituted "one-eighth of 1 percent" for

"four-tenths of 1 per centum".

Subsec. (c). Pub. L. 91-373, Sec. 304(b), added subsec. (c).

1960 - Pub. L. 86-778 substituted provisions for transfers

between Federal unemployment account and employment security

administration account for former provisions crediting the Federal

unemployment account with funds and defining "adjusted balance".

EFFECTIVE DATE OF 1997 AMENDMENT

Section 5402(b) of Pub. L. 105-33 provided that: "This section

[amending this section] and the amendment made by this section -

"(1) shall take effect on October 1, 2001, and

"(2) shall apply to fiscal years beginning on or after that

date."

EFFECTIVE DATE OF 1992 AMENDMENT

Section 531(e) of Pub. L. 102-318 provided that:

"(1) In general. - Except as provided in paragraph (2), the

amendments made by this section [enacting section 1110 of this

title and amending this section and sections 1101, 1104, and 1105

of this title] shall take effect on the date of the enactment of

this Act [July 3, 1992].

"(2) Changes in ceiling amounts. - The amendments made by

subsection[s] (a)(2) and (b) [amending this section and section

1105 of this title] shall apply to fiscal years beginning after

September 30, 1993."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1103, 1110, 1323 of this

title.

-End-

-CITE-

42 USC Sec. 1103 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

Sec. 1103. Amounts transferred to State accounts

-STATUTE-

(a) Determination and certification by Secretary of Labor

(1) If as of the close of any fiscal year after the fiscal year

ending June 30, 1972, the amount in the extended unemployment

compensation account has reached the limit provided in section

1105(b)(2) of this title and the amount in the Federal unemployment

account has reached the limit provided in section 1102(a) of this

title and all advances and interest pursuant to section 1105(d) of

this title and section 1323 of this title have been repaid, and

there remains in the employment security administration account any

amount over the amount provided in section 1101(f)(3)(A) of this

title, such excess amount, except as provided in subsection (b) of

this section, shall be transferred (as of the beginning of the

succeeding fiscal year) to the accounts of the States in the

Unemployment Trust Fund.

(2) Each State's share of the funds to be transferred under this

subsection as of any October 1 -

(A) shall be determined by the Secretary of Labor and certified

by such Secretary to the Secretary of the Treasury before such

date, and

(B) shall bear the same ratio to the total amount to be so

transferred as -

(i) the amount of wages subject to tax under section 3301 of

the Internal Revenue Code of 1986 during the preceding calendar

year which are determined by the Secretary of Labor to be

attributable to the State, bears to

(ii) the total amount of wages subject to such tax during

such year.

(b) Transfer of funds where State is ineligible

(1) If the Secretary of Labor finds that on October 1 of any

fiscal year -

(A) a State is not eligible for certification under section 503

of this title, or

(B) the law of a State is not approvable under section 3304 of

the Federal Unemployment Tax Act [26 U.S.C. 3304],

then the amount available for transfer to such State's account

shall, in lieu of being so transferred, be transferred to the

Federal unemployment account as of the beginning of such October 1.

If, during the fiscal year beginning on such October 1, the

Secretary of Labor finds and certifies to the Secretary of the

Treasury that such State is eligible for certification under

section 503 of this title, that the law of such State is approvable

under such section 3304, or both, the Secretary of the Treasury

shall transfer such amount from the Federal unemployment account to

the account of such State. If the Secretary of Labor does not so

find and certify to the Secretary of the Treasury before the close

of such fiscal year then the amount which was available for

transfer to such State's account as of October 1 of such fiscal

year shall (as of the close of such fiscal year) become

unrestricted as to use as part of the Federal unemployment account.

(2) The amount which, but for this paragraph, would be

transferred to the account of a State under subsection (a) of this

section or paragraph (1) of this subsection shall be reduced (but

not below zero) by the balance of advances made to the State under

section 1321 of this title. The sum by which such amount is reduced

shall -

(A) be transferred to or retained in (as the case may be) the

Federal unemployment account, and

(B) be credited against, and operate to reduce -

(i) first, any balance of advances made before September 13,

1960, to the State under section 1321 of this title, and

(ii) second, any balance of advances made on or after

September 13, 1960, to the State under section 1321 of this

title.

(c) Use of funds

(1) Except as provided in paragraph (2), amounts transferred to

the account of a State pursuant to subsections (a) and (b) of this

section shall be used only in the payment of cash benefits to

individuals with respect to their unemployment, exclusive of

expenses of administration.

(2) A State may, pursuant to a specific appropriation made by the

legislative body of the State, use money withdrawn from its account

in the payment of expenses incurred by it for the administration of

its unemployment compensation law and public employment offices if

and only if -

(A) the purposes and amounts were specified in the law making

the appropriation,

(B) the appropriation law did not authorize the obligation of

such money after the close of the two-year period which began on

the date of enactment of the appropriation law,

(C) the money is withdrawn and the expenses are incurred after

such date of enactment,

(D)(i) the appropriation law limits the total amount which may

be obligated under such appropriation at any time to an amount

which does not exceed, at any such time, the amount by which -

(I) the aggregate of the amounts transferred to the account

of such State pursuant to subsections (a) and (b) of this

section, exceeds

(II) the aggregate of the amounts used by the State pursuant

to this subsection and charged against the amounts transferred

to the account of such State, and

(ii) for purposes of clause (i), amounts used by a State for

administration shall be chargeable against transferred amounts at

the exact time the obligation is entered into, and

(E) the use of the money is accounted for in accordance with

standards established by the Secretary of Labor.

(3)(A) If -

(i) amounts transferred to the account of a State pursuant to

subsections (a) and (b) of this section were used in payment of

unemployment benefits to individuals; and

(ii) the Governor of such State submits a request to the

Secretary of Labor that such amounts be restored under this

paragraph,

then the amounts described in clause (i) shall be restored to the

status of funds transferred under subsections (a) and (b) of this

section which have not been used by eliminating any charge against

amounts so transferred for the use of such amounts in the payment

of unemployment benefits.

(B) Subparagraph (A) shall apply only to the extent that the

amounts described in clause (i) of such subparagraph do not exceed

the amount then in the State's account.

(C) Subparagraph (A) shall not apply if the State has a balance

of advances made to its account under subchapter XII of this

chapter.

(D) If the Secretary of Labor determines that the requirements of

this paragraph are met with respect to any request, the Secretary

shall notify the Governor of the State that such requirements are

met with respect to such request and the amount restored under this

paragraph. Such restoration shall be as of the first day of the

first month following the month in which the notification is made.

(d) Special transfer in fiscal year 2002

(1) The Secretary of the Treasury shall transfer (as of the date

determined under paragraph (5)) from the Federal unemployment

account to the account of each State in the Unemployment Trust Fund

the amount determined with respect to such State under paragraph

(2).

(2)(A) The amount to be transferred under this subsection to a

State account shall (as determined by the Secretary of Labor and

certified by such Secretary to the Secretary of the Treasury) be

equal to -

(i) the amount which would have been required to have been

transferred under this section to such account at the beginning

of fiscal year 2002 if -

(I) section 209(a)(1) of the Temporary Extended Unemployment

Compensation Act of 2002 had been enacted before the close of

fiscal year 2001, and

(II) section 5402 of Public Law 105-33 (relating to increase

in Federal unemployment account ceiling) had not been enacted,

minus

(ii) the amount which was in fact transferred under this

section to such account at the beginning of fiscal year 2002.

(B) Notwithstanding the provisions of subparagraph (A) -

(i) the aggregate amount transferred to the States under this

subsection may not exceed a total of $8,000,000,000; and

(ii) all amounts determined under subparagraph (A) shall be

reduced ratably, if and to the extent necessary in order to

comply with the limitation under clause (i).

(3)(A) Except as provided in paragraph (4), amounts transferred

to a State account pursuant to this subsection may be used only in

the payment of cash benefits -

(i) to individuals with respect to their unemployment, and

(ii) which are allowable under subparagraph (B) or (C).

(B)(i) At the option of the State, cash benefits under this

paragraph may include amounts which shall be payable as -

(I) regular compensation, or

(II) additional compensation, upon the exhaustion of any

temporary extended unemployment compensation (if such State has

entered into an agreement under the Temporary Extended

Unemployment Compensation Act of 2002), for individuals eligible

for regular compensation under the unemployment compensation law

of such State.

(ii) Any additional compensation under clause (i) may not be

taken into account for purposes of any determination relating to

the amount of any extended compensation for which an individual

might be eligible.

(C)(i) At the option of the State, cash benefits under this

paragraph may include amounts which shall be payable to 1 or more

categories of individuals not otherwise eligible for regular

compensation under the unemployment compensation law of such State,

including those described in clause (iii).

(ii) The benefits paid under this subparagraph to any individual

may not, for any period of unemployment, exceed the maximum amount

of regular compensation authorized under the unemployment

compensation law of such State for that same period, plus any

additional compensation (described in subparagraph (B)(i)) which

could have been paid with respect to that amount.

(iii) The categories of individuals described in this clause

include the following:

(I) Individuals who are seeking, or available for, only

part-time (and not full-time) work.

(II) Individuals who would be eligible for regular compensation

under the unemployment compensation law of such State under an

alternative base period.

(D) Amounts transferred to a State account under this subsection

may be used in the payment of cash benefits to individuals only for

weeks of unemployment beginning after March 9, 2002.

(4) Amounts transferred to a State account under this subsection

may be used for the administration of its unemployment compensation

law and public employment offices (including in connection with

benefits described in paragraph (3) and any recipients thereof),

subject to the same conditions as set forth in subsection (c)(2) of

this section (excluding subparagraph (B) thereof, and deeming the

reference to "subsections (a) and (b)" in subparagraph (D) thereof

to include this subsection).

(5) Transfers under this subsection shall be made within 10 days

after March 9, 2002.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IX, Sec. 903, as added Aug. 5, 1954,

ch. 657, Sec. 2, 68 Stat. 670; amended Pub. L. 86-778, title V,

Sec. 521, Sept. 13, 1960, 74 Stat. 974; Pub. L. 88-31, Sec. 3, May

29, 1963, 77 Stat. 51; Pub. L. 90-430, July 26, 1968, 82 Stat. 447;

Pub. L. 91-373, title III, Sec. 305(b), Aug. 10, 1970, 84 Stat.

717; Pub. L. 92-224, Sec. 1, title II, Sec. 204(c), Dec. 29, 1971,

85 Stat. 810, 814; Pub. L. 92-329, Sec. 2(d), June 30, 1972, 86

Stat. 398; Pub. L. 93-368, Sec. 4(b), Aug. 7, 1974, 88 Stat. 420;

Pub. L. 94-273, Secs. 2(20), 3(23), 23, 41, Apr. 21, 1976, 90 Stat.

375, 377, 379, 381; Pub. L. 97-248, title I, Sec. 192, Sept. 3,

1982, 96 Stat. 408; Pub. L. 100-203, title IX, Sec. 9155(c), Dec.

22, 1987, 101 Stat. 1330-327; Pub. L. 101-508, title V, Sec.

5021(a), (b), Nov. 5, 1990, 104 Stat. 1388-223; Pub. L. 105-33,

title V, Sec. 5403, Aug. 5, 1997, 111 Stat. 603; Pub. L. 107-147,

title II, Sec. 209(a)(1), (b), Mar. 9, 2002, 116 Stat. 31.)

-REFTEXT-

REFERENCES IN TEXT

The Internal Revenue Code of 1986, referred to in subsec.

(a)(2)(B)(i), is classified generally to Title 26, Internal Revenue

Code.

The Temporary Extended Unemployment Compensation Act of 2002,

referred to in subsec. (d)(2)(A)(i)(I), (3)(B)(i)(II), is title II

of Pub. L. 107-147, Mar. 9, 2002, 116 Stat. 26, which is set out as

a note under section 3304 of Title 26, Internal Revenue Code.

Section 209(a)(1) of the Act amended this section. For complete

classification of this Act to the Code, see Tables.

Section 5402 of Public Law 105-33, referred to in subsec.

(d)(2)(A)(i)(II), is section 5402 of Pub. L. 105-33, title V, Aug.

5, 1997, 111 Stat. 603, which amended section 1102 of this title

and enacted provisions set out as a note under section 1102 of this

title.

-MISC1-

PRIOR PROVISIONS

A prior section 1103, act Aug. 14, 1935, ch. 531, title IX, Sec.

903, 49 Stat. 640, related to approval and certification of State

laws. For further details, see Prior Law note set out preceding

section 1101 of this title.

AMENDMENTS

2002 - Subsec. (a)(3). Pub. L. 107-147, Sec. 209(a)(1)(A), struck

out par. (3) which related to disposition of excess amounts

remaining in the employment security administration account as of

the close of fiscal year 1999, 2000, or 2001.

Subsec. (c)(2). Pub. L. 107-147, Sec. 209(a)(1)(B), struck out

concluding provisions which read as follows: "Any amount allocated

to a State under this section for fiscal year 2000, 2001, or 2002

may be used by such State only to pay expenses incurred by it for

the administration of its unemployment compensation law, and may be

so used by it without regard to any of the conditions prescribed in

any of the preceding provisions of this paragraph."

Subsec. (d). Pub. L. 107-147, Sec. 209(b), added subsec. (d).

1997 - Subsec. (a)(3). Pub. L. 105-33, Sec. 5403(a), added par.

(3).

Subsec. (c)(2). Pub. L. 105-33, Sec. 5403(b), inserted concluding

provisions.

1990 - Subsec. (a)(2). Pub. L. 101-508, Sec. 5021(a), amended

par. (2) generally. Prior to amendment, par. (2) read as follows:

"Each State's share of the funds to be transferred under this

subsection as of any October 1 -

"(A) shall be determined by the Secretary of Labor and

certified by him to the Secretary of the Treasury before that

date on the basis of reports furnished by the States to the

Secretary of Labor before September 1, and

"(B) shall bear the same ratio to the total amount to be so

transferred as the amount of wages subject to contributions under

such State's unemployment compensation law during the preceding

calendar year which have been reported to the State before August

1 bears to the total of wages subject to contributions under all

State unemployment compensation laws during such calendar year

which have been reported to the States before August 1."

Subsec. (c)(2). Pub. L. 101-508, Sec. 5021(b), added subpars. (D)

and (E) and struck out former subpar. (D) and last sentence which

required a State's appropriation law to limit the total amount

which may be obligated during a twelve-month or transitional period

from its account.

1987 - Subsec. (a)(1). Pub. L. 100-203 inserted "and interest"

after "all advances".

1982 - Subsec. (c)(2). Pub. L. 97-248, Sec. 192(a), substituted

"thirty-four" for "twenty-four" wherever appearing, and

"thirty-fourth" for "twenty-fourth" in provisions following subpar.

(D).

Subsec. (c)(3). Pub. L. 97-248, Sec. 192(b), added par. (3).

1976 - Subsec. (a)(2). Pub. L. 94-273, Sec. 3(23) substituted

"October" for "July".

Subsec. (a)(2)(A). Pub. L. 94-273, Sec. 2(20), substituted

"September" for "June".

Subsec. (a)(2)(B). Pub. L. 94-273, Sec. 23, substituted "August"

for "May" wherever appearing.

Subsec. (b)(1). Pub. L. 94-273, Sec. 3(23), substituted "October"

for "July".

Subsec. (c)(2). Pub. L. 94-273, Sec. 41, in subpar. (D) and

provisions following subpar. (D) substituted provisions relating to

determination based on a twelve-month period (as prescribed in the

law of the State), or during a transitional period of less than

twelve months caused by a change in the twelve-month period (as

prescribed in the law of the State), for provisions relating to

determination based on a fiscal year period.

1974 - Subsec. (b)(3). Pub. L. 93-368 struck out par. (3) which

related to reductions in the amount transferable to the account of

any State by reason of emergency compensation paid to any

individual for a week of unemployment ending after June 30, 1972.

1972 - Subsec. (b)(3). Pub. L. 92-329 inserted provisions

relating to reductions in the amount transferable to the account of

any State by reason of emergency compensation paid to any

individual for a week of unemployment ending after June 30, 1972.

1971 - Subsec. (b)(3). Pub. L. 92-224, Sec. 204(c), added par.

(3).

Subsec. (c)(2). Pub. L. 92-224, Sec. 1, substituted "twenty-four

preceding fiscal years" and "such twenty-five fiscal years" for

"fourteen preceding fiscal years" and "such fifteen fiscal years"

in subpar. (D) of first sentence and "twenty-fourth preceding

fiscal year" for "fourteenth preceding fiscal year" in second

sentence.

1970 - Subsec. (a)(1). Pub. L. 91-373 inserted references to the

limits provided in sections 1102(a) and 1105(b)(2) of this title,

advances pursuant to section 1105(d) of this title, and the amount

provided in section 1101(f)(3)(A) of this title.

1968 - Subsec. (c). Pub. L. 90-430 substituted in par. (2)(D)(i)

"fourteen" for "nine", in par. (2)(D)(ii) "fifteen" for "ten", and

in provisions following par. (2)(D) "fourteenth" for "ninth".

1963 - Subsec. (c)(2). Pub. L. 88-31 substituted "nine preceding

fiscal years" for "four preceding fiscal years", "ten fiscal years"

for "five fiscal years" in cl. (D), and "ninth preceding fiscal

year" for "fourth preceding fiscal year" in last sentence.

1960 - Subsec. (a). Pub. L. 86-778 substituted provisions of par.

(1) for first sentence of the section which read "So much of any

amount transferred to the Unemployment Trust Fund at the close of

any fiscal year under section 1101(a) of this title as is not

credited to the Federal unemployment account under section 1102 of

this title shall be credited (as of the beginning of the succeeding

fiscal year) to the accounts of the States in the Unemployment

Trust Fund" and designated existing provisions of second sentence

as part (2), substituting "transferred" for "credited", and

striking out "on or" before "before" in subpar. (A).

Subsec. (b). Pub. L. 86-778 redesignated existing provisions as

par. (1) and cls. (1) and (2) thereof as subpars. (A) and (B),

substituted "section 3304 of title 26" for "section 1603 of title

26", in two places, and "transfer to such States' account",

"transferred", and "transfer" for "crediting to such States'

account", "credited" and "credit", respectively, except where

already reading "shall transfer", and added par. (2).

Subsec. (c). Pub. L. 86-778 substituted "transferred" for

"credited", wherever appearing, "obligation" for "expenditure" in

par. (2)(B), "obligated" for "so used" in par. (2)(D), and

"obligated for administration" for "used" in concluding par.,

inserted references to subsection (b) in pars. (1) and (2)(D), and

struck out "any of" before "such five fiscal years" in par. (2)(D).

EFFECTIVE DATE OF 1990 AMENDMENT

Section 5021(c) of Pub. L. 101-508 provided that: "The amendments

made by this section [amending this section] shall apply to fiscal

years beginning after the date of the enactment of this Act [Nov.

5, 1990]."

EFFECTIVE DATE OF 1987 AMENDMENT

Section 9155(d) of Pub. L. 100-203 provided that: "The amendments

made by this section [amending this section and sections 1105 and

1323 of this title] shall apply to advances made on or after the

date of the enactment of this Act [Dec. 22, 1987]."

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 503, 1321 of this title;

title 26 sections 3304, 3306; title 29 section 2943; title 45

section 363.

-End-

-CITE-

42 USC Sec. 1104 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

Sec. 1104. Unemployment Trust Fund

-STATUTE-

(a) Establishment

There is hereby established in the Treasury of the United States

a trust fund to be known as the "Unemployment Trust Fund",

hereinafter in this subchapter called the "Fund". The Secretary of

the Treasury is authorized and directed to receive and hold in the

Fund all moneys deposited therein by a State agency from a State

unemployment fund, or by the Railroad Retirement Board to the

credit of the railroad unemployment insurance account or the

railroad unemployment insurance administration fund, or otherwise

deposited in or credited to the Fund or any account therein. Such

deposit may be made directly with the Secretary of the Treasury,

with any depositary designated by him for such purpose, or with any

Federal Reserve Bank.

(b) Investments

It shall be the duty of the Secretary of the Treasury to invest

such portion of the Fund as is not, in his judgment, required to

meet current withdrawals. Such investment may be made only in

interest-bearing obligations of the United States or in obligations

guaranteed as to both principal and interest by the United States.

For such purpose such obligations may be acquired (1) on original

issue at the issue price, or (2) by purchase of outstanding

obligations at the market price. The purposes for which obligations

of the United States may be issued under chapter 31 of title 31 are

hereby extended to authorize the issuance at par of special

obligations exclusively to the Fund. Such special obligations shall

bear interest at a rate equal to the average rate of interest,

computed as of the end of the calendar month next preceding the

date of such issue, borne by all interest-bearing obligations of

the United States then forming part of the public debt; except that

where such average rate is not a multiple of one-eighth of 1 per

centum, the rate of interest of such special obligations shall be

the multiple of one-eighth of 1 per centum next lower than such

average rate. Obligations other than such special obligations may

be acquired for the Fund only on such terms as to provide an

investment yield not less than the yield which would be required in

the case of special obligations if issued to the Fund upon the date

of such acquisition. Advances made to the Federal unemployment

account pursuant to section 1323 of this title shall not be

invested.

(c) Sale or redemption of obligations

Any obligations acquired by the Fund (except special obligations

issued exclusively to the Fund) may be sold at the market price,

and such special obligations may be redeemed at par plus accrued

interest.

(d) Treatment of interest and proceeds

The interest on, and the proceeds from the sale or redemption of,

any obligations held in the Fund shall be credited to and form a

part of the Fund.

(e) Separate book accounts

The Fund shall be invested as a single fund, but the Secretary of

the Treasury shall maintain a separate book account for each State

agency, the employment security administration account, the Federal

unemployment account, the railroad unemployment insurance account,

and the railroad unemployment insurance administration fund and

shall credit quarterly (on March 31, June 30, September 30, and

December 31, of each year) to each account, on the basis of the

average daily balance of such account, a proportionate part of the

earnings of the Fund for the quarter ending on such date. For the

purpose of this subsection, the average daily balance shall be

computed -

(1) in the case of any State account, by reducing (but not

below zero) the amount in the account by the balance of advances

made to the State under section 1321 of this title, and

(2) in the case of the Federal unemployment account -

(A) by adding to the amount in the account the aggregate of

the reductions under paragraph (1), and

(B) by subtracting from the sum so obtained the balance of

advances made under section 1323 of this title to the account.

(f) Payment to State agencies and Railroad Retirement Board

The Secretary of the Treasury is authorized and directed to pay

out of the Fund to any State agency such amount as it may duly

requisition, not exceeding the amount standing to the account of

such State agency at the time of such payment. The Secretary of the

Treasury is authorized and directed to make such payments out of

the railroad unemployment insurance account for the payment of

benefits, and out of the railroad unemployment insurance

administration fund for the payment of administrative expenses, as

the Railroad Retirement Board may duly certify, not exceeding the

amount standing to the credit of such account or such fund, as the

case may be, at the time of such payment.

(g) Federal unemployment account; establishment

There is hereby established in the Unemployment Trust Fund a

Federal unemployment account.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IX, Sec. 904, 49 Stat. 640; June 25,

1938, ch. 680, Sec. 10(e)-(g), 52 Stat. 1104, 1105; Oct. 3, 1944,

ch. 480, title IV, Sec. 401, 58 Stat. 789; Aug. 6, 1947, ch. 510,

Sec. 5(a), 61 Stat. 794; Aug. 28, 1950, ch. 809, title IV, Sec.

404(b), 64 Stat. 560; Aug. 5, 1954, ch. 657, Sec. 5(b)-(f), 68

Stat. 673; Pub. L. 85-927, pt. II, Sec. 204, Sept. 6, 1958, 72

Stat. 1782; Pub. L. 86-346, title I, Sec. 104(3), Sept. 22, 1959,

73 Stat. 622; Pub. L. 86-778, title V, Sec. 521, Sept. 13, 1960, 74

Stat. 976; Pub. L. 98-369, div. B, title VI, Sec. 2663(d)(3), July

18, 1984, 98 Stat. 1167; Pub. L. 102-318, title V, Sec. 531(d)(3),

July 3, 1992, 106 Stat. 317.)

-MISC1-

AMENDMENTS

1992 - Subsec. (g). Pub. L. 102-318 struck out after the first

sentence the following: "There is hereby authorized to be

appropriated to such Federal unemployment account a sum equal to

(1) the excess of taxes collected prior to July 1, 1946, under

title IX of this Act or under the Federal Unemployment Tax Act,

over the total unemployment administrative expenditures made prior

to July 1, 1946, plus (2) the excess of taxes collected under the

Federal Unemployment Tax Act after June 30, 1946, and prior to July

1, 1953, over the unemployment administrative expenditures made

after June 30, 1946, and prior to July 1, 1953. As used in this

subsection, the term 'unemployment administrative expenditures'

means expenditures for grants under subchapter III of this chapter,

expenditures for the administration of that subchapter by the

Secretary of Health and Human Services, or the Secretary of Labor,

and expenditures for the administration of title IX of this Act, or

of the Federal Unemployment Tax Act, by the Department of the

Treasury, the Secretary of Health and Human Services, or the

Secretary of Labor. For the purposes of this subsection, there

shall be deducted from the total amount of taxes collected prior to

July 1, 1943, under title IX of this Act, the sum of $40,561,886.43

which was authorized to be appropriated by the Act of August 24,

1937 (50 Stat. 754), and the sum of $18,451,846 which was

authorized to be appropriated by section 361(b) of title 45."

1984 - Subsec. (b). Pub. L. 98-369 substituted "chapter 31 of

title 31" for "the Second Liberty Bond Act, as amended".

1960 - Subsec. (a). Pub. L. 86-778 substituted "with any

depositary designated by him for such purpose, or with any Federal

Reserve Bank" for "or with any Federal Reserve bank or member bank

of the Federal Reserve System designated by him for such purpose".

Subsec. (b). Pub. L. 86-778 substituted "Second Liberty Bond Act,

as amended" and "section 1323" for "section 752 of title 31" and

"section 1322(c)", respectively, and inserted "made" after

"Advances".

Subsec. (e). Pub. L. 86-778 provided for the maintenance of a

separate book account for the employment security administration

account and substituted "balance of advances made to the State

under section 1321 of this title" for "aggregate of the outstanding

advances under section 1321 of this title from the Federal

unemployment account" in par. (1) and "balance of advances made

under section 1323 of this title to the account" for "aggregate of

the outstanding advances from the Treasury to the account pursuant

to section 1322(c) of this title".

Subsec. (g). Pub. L. 86-778 redesignated former subsec. (h) as

(g).

1959 - Subsec. (b). Pub. L. 86-346 substituted "on original issue

at the issue price" for "on original issue at par".

1958 - Subsec. (a). Pub. L. 85-927, Sec. 204(a), inserted "or the

railroad unemployment insurance administration fund".

Subsec. (e). Pub. L. 85-927, Sec. 204(b), substituted "the

railroad unemployment insurance account, and the railroad

unemployment insurance administration fund" for "and the railroad

unemployment insurance account".

Subsec. (f). Pub. L. 85-927, Sec. 204(c), substituted "railroad

unemployment insurance account for the payment of benefits, and out

of the railroad unemployment insurance administration fund for the

payment of administrative expenses, as the Railroad Retirement

Board may duly certify, not exceeding the amount standing to the

credit of such account or such fund, as the case may be, at the

time of such payment" for "fund as the Railroad Retirement Board

may duly certify, not exceeding the amount standing to the railroad

unemployment insurance account at the time of such payment".

1954 - Subsec. (a). Act Aug. 5, 1954, Sec. 5(b), substituted "or

otherwise deposited in or credited to the Fund or any account

therein" for "or deposited pursuant to appropriations to the

Federal unemployment account".

Subsec. (b). Act Aug. 5, 1954, Sec. 5(c), inserted provision that

advances to the Federal unemployment account pursuant to section

1323 of this title shall not be invested.

Subsec. (e). Act Aug. 5, 1954, Sec. 5(d), inserted "For the

purposes of this subsection, the average daily balance shall be

computed -

"(1) in the case of any State account, by reducing (but not

below zero) the amount in the account by the aggregate of the

outstanding advances under section 1201 from the Federal

unemployment account, and

"(2) in the case of the Federal unemployment account, (A) by

adding to the amount in the account the aggregate of the

reductions under paragraph (1), and (B) by subtracting from the

sum so obtained the aggregate of the outstanding advances from

the Treasury to the account pursuant to section 1202(c)."

Subsec. (g). Act Aug. 5, 1954, Sec. 5(e), repealed subsec. (g)

which authorized Secretary of Treasury to make transfers from

Federal unemployment account to account of any State in

Unemployment Trust Fund.

Subsec. (h). Act Aug. 5, 1954, Sec. 5(f), substituted a new cl.

(2) in second sentence and repealed the third sentence: "Any

amounts in the Federal unemployment account on April 1952, and any

amounts repaid to such account after such date, shall be covered

into the general fund of the Treasury."

1950 - Subsec. (h). Act Aug. 28, 1950, substituted "prior to July

1, 1951" for "prior to July 1, 1949", "on July 1, 1951, and ending

on December 31, 1951" for "on July 1, 1949, and ending on December

31, 1949" in cl. (2) of second sentence, and "April 1, 1952" for

"April 1, 1950" in third sentence.

1947 - Subsec. (h). Act Aug. 6, 1947, amended subsec. (h)

generally, and, among other changes, changed the periods for which

excess of tax collections over administrative expenditures could be

appropriated to the unemployment account, limited authorized

appropriations for the unemployment account to the excess

collections for the period ending Dec. 31, 1949, provided for

amounts in such account on Apr. 1, 1950, and any repayments to the

account after such date be covered into the general fund of the

Treasury, and provided for an additional deduction of $18,451,846

from the total amount of taxes collected prior to July 1, 1943.

1944 - Subsec. (a). Act Oct. 3, 1944, Sec. 401(a), inserted ", or

deposited pursuant to appropriations to the Federal unemployment

account" after "unemployment insurance account" in second sentence.

Subsec. (e). Act Oct. 3, 1944, Sec. 401(b), inserted ", the

Federal unemployment account" after "a separate book account for

each State agency".

Subsecs. (g), (h). Act Oct. 3, 1944, Sec. 401(c), added subsecs.

(g) and (h).

1938 - Subsec. (a). Act June 25, 1938, Sec. 10(e), inserted "or

by the Railroad Retirement Board to the credit of the railroad

unemployment insurance account".

Subsec. (e). Act June 25, 1938, Sec. 10(f), inserted "and the

railroad unemployment insurance account".

Subsec. (f). Act June 25, 1938, Sec. 10(g), inserted second

sentence.

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

EFFECTIVE DATE OF 1958 AMENDMENT

Amendment by Pub. L. 85-927 effective Sept. 6, 1958, except as

otherwise indicated, see section 207(c) of Pub. L. 85-927, set out

as a note under section 351 of Title 45, Railroads.

EFFECTIVE DATE OF 1950 AMENDMENT

Section 404(c) of act Aug. 28, 1950, provided that: "The

amendments made by subsections (a) and (b) of this section

[amending this section and section 1321 of this title] shall be

effective January 1, 1950."

TERMINATION DATE

Section 4 of act Aug. 6, 1947, provided: "Section 603 of the War

Mobilization and Reconversion Act of 1944 [formerly set out as a

note under section 1651 of Appendix to Title 50, War and National

Defense] (terminating the provisions of such Act [sections 1651 to

1678 of Appendix to title 50] on June 30, 1947) shall not be

applicable in the case of the amendments made by title IV of such

Act [amending sections 1666 and 1667 of Appendix to Title 50] to

the Social Security Act [this section and section 1321 of this

title]."

PAYMENTS TO STATES

Act Aug. 24, 1937, ch. 755, 50 Stat. 754, provided for payments

to States of 90 per cent of proceeds of the unemployment tax

collected prior to Jan. 31, 1938, where State had enacted an

approved unemployment-compensation law during 1937.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 503, 1105, 1109, 1322 of

this title; title 2 section 906; title 5 section 8509; title 26

sections 3304, 3306; title 45 sections 360, 361, 363a, 366a.

-End-

-CITE-

42 USC Sec. 1105 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

Sec. 1105. Extended Unemployment Compensation Account

-STATUTE-

(a) Establishment

There is hereby established in the Unemployment Trust Fund an

extended unemployment compensation account. For the purposes

provided for in section 1104(e) of this title, such account shall

be maintained as a separate book account.

(b) Transfers to account

(1) Except as provided in paragraph (3), the Secretary of the

Treasury shall transfer (as of the close of each month) from the

employment security administration account to the extended

unemployment compensation account established by subsection (a) of

this section, an amount (determined by such Secretary) equal to 20

percent of the amount by which -

(A) the transfers to the employment security administration

account pursuant to section 1101(b)(2) of this title during such

month, exceed

(B) the payments during such month from the employment security

administration account pursuant to section 1101(b)(3) and (d) of

this title.

If for any such month the payments referred to in subparagraph (B)

exceed the transfers referred to in subparagraph (A), proper

adjustments shall be made in the amounts subsequently transferred.

(2) Whenever the Secretary of the Treasury determines pursuant to

section 1101(f) of this title that there is an excess in the

employment security administration account as of the close of any

fiscal year beginning after June 30, 1972, there shall be

transferred (as of the beginning of the succeeding fiscal year) to

the extended unemployment compensation account the total amount of

such excess or so much thereof as is required to increase the

amount in the extended unemployment compensation account to

whichever of the following is the greater:

(A) $750,000,000, or

(B) the amount (determined by the Secretary of Labor and

certified by him to the Secretary of the Treasury) equal to 0.5

percent of the total wages subject (determined without any

limitation on amount) to contributions under all State

unemployment compensation laws for the calendar year ending

during the fiscal year for which the excess is determined.

(3) The Secretary of the Treasury shall make no transfer pursuant

to paragraph (1) as of the close of any month if he determines that

the amount in the extended unemployment compensation account is

equal to (or in excess of) the limitation provided in paragraph

(2).

(c) Transfers to State accounts

Amounts in the extended unemployment compensation account shall

be available for transfer to the accounts of the States in the

Unemployment Trust Fund as provided in section 204(e) of the

Federal-State Extended Unemployment Compensation Act of 1970.

(d) Advances to account; repayment

There are hereby authorized to be appropriated, without fiscal

year limitation, to the extended unemployment compensation account,

as repayable advances, such sums as may be necessary to carry out

the purposes of the Federal-State Extended Unemployment

Compensation Act of 1970. Amounts appropriated as repayable

advances shall be repaid by transfers from the extended

unemployment compensation account to the general fund of the

Treasury, at such times as the amount in the extended unemployment

compensation account is determined by the Secretary of the

Treasury, in consultation with the Secretary of Labor, to be

adequate for such purpose. Repayments under the preceding sentence

shall be made whenever the Secretary of the Treasury (after

consultation with the Secretary of Labor) determines that the

amount then in the account exceeds the amount necessary to meet the

anticipated payments from the account during the next 3 months. Any

amount transferred as a repayment under this subsection shall be

credited against, and shall operate to reduce, any balance of

advances repayable under this subsection. Amounts appropriated as

repayable advances for purposes of this subsection shall bear

interest at a rate equal to the average rate of interest, computed

as of the end of the calendar month next preceding the date of such

advance, borne by all interest bearing obligations of the United

States then forming part of the public debt; except that in cases

in which such average rate is not a multiple of one-eighth of 1

percent, the rate of interest shall be the multiple of one-eighth

of 1 percent next lower than such average rate.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IX, Sec. 905, as added Pub. L. 87-6,

Sec. 13, Mar. 24, 1961, 75 Stat. 14; amended Pub. L. 88-31, Sec.

2(c), May 29, 1963, 77 Stat. 51; Pub. L. 91-373, title III, Sec.

305(a), Aug. 10, 1970, 84 Stat. 716; Pub. L. 92-329, Sec. 2(c),

June 30, 1972, 86 Stat. 398; Pub. L. 94-566, title II, Sec.

211(e)(2) [(c)(2)], Oct. 20, 1976, 90 Stat. 2677; Pub. L. 97-248,

title II, Secs. 271(b)(2)(B), 275, Sept. 3, 1982, 96 Stat. 555,

558; Pub. L. 100-203, title IX, Secs. 9154(b)(2), (c)(1), 9155(a),

Dec. 22, 1987, 101 Stat. 1330-326; Pub. L. 102-318, title V, Sec.

531(a), July 3, 1992, 106 Stat. 315; Pub. L. 103-152, Sec. 5, Nov.

24, 1993, 107 Stat. 1518.)

-REFTEXT-

REFERENCES IN TEXT

The Federal-State Extended Unemployment Compensation Act of 1970,

referred to in subsecs. (c) and (d), is Pub. L. 91-373, title II,

Aug. 10, 1970, 84 Stat. 708, as amended, which is set out as a note

under section 3304 of Title 26, Internal Revenue Code. Section

204(e) of that Act is part of that note. For complete

classification of this Act to the Code, see Tables.

-MISC1-

PRIOR PROVISIONS

A prior section 1105, act Aug. 14, 1935, ch. 531, title IX, Sec.

905, 49 Stat. 641, related to administration, refunds and

penalties. For further details, see Prior Law note set out

preceding section 1101 of this title.

AMENDMENTS

1993 - Subsec. (b)(1). Pub. L. 103-152 amended par. (1)

generally. Prior to amendment, par. (1) read as follows: "Except as

provided in paragraph (3), the Secretary of the Treasury shall

transfer (as of the close of each month), from the employment

security administration account to the extended unemployment

compensation account established by subsection (a) of this section,

an amount determined by him to be equal to the sum of -

"(A) 100 percent of the transfers to the employment security

administration account pursuant to section 1101(b)(2) of this

title during such month on account of liabilities referred to in

section 1101(b)(1)(B) of this title, plus

"(B) 20 percent of the excess of the transfers to such account

pursuant to section 1101(b)(2) of this title during such month on

account of amounts referred to in section 1101(b)(1)(A) of this

title over the payments during such month from the employment

security administration account pursuant to section 1101(b)(3)

and (d) of this title.

If for any such month the payments referred to in subparagraph (B)

exceed the transfers referred to in subparagraph (B), proper

adjustments shall be made in the amounts subsequently transferred."

1992 - Subsec. (b)(1). Pub. L. 102-318, Sec. 531(a)(1), amended

par. (1) generally. Prior to amendment, par. (1) read as follows:

"Except as provided by paragraph (3), the Secretary of the Treasury

shall transfer (as of the close of July 1970, and each month

thereafter), from the employment security administration account to

the extended unemployment compensation account established by

subsection (a) of this section, an amount determined by him to be

equal, in the case of any month before April 1972, to one-fifth,

and in the case of any month after March 1972, to one-tenth, of the

amount by which -

"(A) transfers to the employment security administration

account pursuant to section 1101(b)(2) of this title during such

month, exceed

"(B) payments during such month from the employment security

administration account pursuant to section 1101(b)(3) and (d) of

this title.

If for any such month the payments referred to in subparagraph (B)

exceed the transfers referred to in subparagraph (A), proper

adjustments shall be made in the amounts subsequently transferred."

Subsec. (b)(2)(B). Pub. L. 102-318, Sec. 531(a)(2), substituted

"0.5 percent" for "three-eighths of 1 percent".

1987 - Subsec. (b)(1). Pub. L. 100-203, Sec. 9154(c)(1), struck

out at end "In the case of any month after March 1983 and before

April 1 of the first calendar year to which paragraph (2) of

section 3301 of the Federal Unemployment Tax Act applies, the first

sentence of this paragraph shall be applied by substituting '40

percent' for 'one-tenth'."

Subsec. (b)(2)(B). Pub. L. 100-203, Sec. 9154(b)(2), substituted

"three-eighths" for "one-eighth".

Subsec. (d). Pub. L. 100-203, Sec. 9155(a), struck out "(without

interest)" after "account, as repayable advances" and ", without

interest," after "shall be repaid" and inserted sentence at end

providing that amounts appropriated as repayable advances for

purposes of this subsection shall bear interest.

1982 - Subsec. (b)(1). Pub. L. 97-248, Sec. 271(b)(2)(B),

substituted "1983" for "1977", inserted "1" after "April", and

substituted "40 percent" for "five-fourteenths" in provisions

following subpar. (B).

Subsec. (d). Pub. L. 97-248, Sec. 275, inserted provision that

repayment shall be made whenever the Secretary of the Treasury

determines that the amount then in the account exceeds the amount

necessary to meet the anticipated payments from the account during

the next 3 months.

1976 - Subsec. (b)(1). Pub. L. 94-566 substituted "In the case of

any month after March 1977 and before April of the first calendar

year to which paragraph (2) of section 3301 of the Federal

Unemployment Tax Act applies, the first sentence of this paragraph

shall be applied by substituting 'five-fourteenths' for 'one-tenth'

" for "In the case of any month after March 1973 and before April

1974, the first sentence of this paragraph shall be applied by

substituting 'thirteen fifty-eighths' for 'one-tenth' ".

1972 - Subsec. (b)(1). Pub. L. 92-329 inserted provisions for

transfers in the case of any month after March 1973 and before

April 1974.

1970 - Pub. L. 91-373 substituted provisions for an extended

unemployment compensation account for provisions for a Federal

extended compensation account.

1963 - Subsec. (b). Pub. L. 88-31 inserted "(with respect to the

calendar year 1963), or 5/13 (with respect to the calendar year

1964),".

EFFECTIVE DATE OF 1992 AMENDMENT

Amendment by section 531(a) of Pub. L. 102-318 effective July 3,

1992, except that amendment by section 531(a)(2) of Pub. L. 102-318

applicable to fiscal years beginning after Sept. 30, 1993, see

section 531(e) of Pub. L. 102-318, set out as a note under section

1102 of this title.

EFFECTIVE DATE OF 1987 AMENDMENT

Amendment by section 9155(a) of Pub. L. 100-203 applicable to

advances made on or after Dec. 22, 1987, see section 9155(d) of

Pub. L. 100-203, set out as a note under section 1103 of this

title.

EFFECTIVE DATE OF 1982 AMENDMENT

Amendment by section 271(b)(2)(B) of Pub. L. 97-248 applicable to

remuneration paid after Dec. 31, 1982, see section 271(d)(1) of

Pub. L. 97-248, as amended, set out as a note under section 3301 of

Title 26, Internal Revenue Code.

EFFECTIVE DATE OF 1976 AMENDMENT

Amendment by Pub. L. 94-566 effective Oct. 20, 1976, see section

211(d)(3) of Pub. L. 94-566, set out as a note under section 1101

of this title.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1101, 1102, 1103, 1110 of

this title.

-End-

-CITE-

42 USC Sec. 1106 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

Sec. 1106. Unemployment compensation research program

-STATUTE-

(a) The Secretary of Labor shall -

(1) establish a continuing and comprehensive program of

research to evaluate the unemployment compensation system. Such

research shall include, but not be limited to, a program of

factual studies covering the role of unemployment compensation

under varying patterns of unemployment including those in

seasonal industries, the relationship between the unemployment

compensation and other social insurance programs, the effect of

State eligibility and disqualification provisions, the personal

characteristics, family situations, employment background and

experience of claimants, with the results of such studies to be

made public; and

(2) establish a program of research to develop information

(which shall be made public) as to the effect and impact of

extending coverage to excluded groups with first attention to

agricultural labor.

(b) To assist in the establishment and provide for the

continuation of the comprehensive research program relating to the

unemployment compensation system, there are hereby authorized to be

appropriated for the fiscal year ending June 30, 1971, and for each

fiscal year thereafter, such sums, not to exceed $8,000,000, as may

be necessary to carry out the purposes of this section. From the

sums authorized to be appropriated by this subsection the Secretary

may provide for the conduct of such research through grants or

contracts.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IX, Sec. 906, as added Pub. L.

91-373, title I, Sec. 141, Aug. 10, 1970, 84 Stat. 705.)

-MISC1-

PRIOR PROVISIONS

A prior section 1106, act Aug. 14, 1935, ch. 531, title IX, Sec.

906, 49 Stat. 642, related to excusing payment of tax by engaging

in interstate commerce. For further details, see Prior Law note set

out preceding section 1101 of this title.

-End-

-CITE-

42 USC Sec. 1107 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

Sec. 1107. Personnel training

-STATUTE-

(a) Creation of program

In order to assist in increasing the effectiveness and efficiency

of administration of the unemployment compensation program by

increasing the number of adequately trained personnel, the

Secretary of Labor shall -

(1) provide directly, through State agencies, or through

contracts with institutions of higher education or other

qualified agencies, organizations, or institutions, programs and

courses designed to train individuals to prepare them, or improve

their qualifications, for service in the administration of the

unemployment compensation program, including claims

determinations and adjudication, with such stipends and

allowances as may be permitted under regulations of the

Secretary;

(2) develop training materials for and provide technical

assistance to the State agencies in the operation of their

training programs;

(3) under such regulations as he may prescribe, award

fellowships and traineeships to persons in the Federal-State

employment security agencies, in order to prepare them or improve

their qualifications for service in the administration of the

unemployment compensation program.

(b) Repayment of costs

The Secretary may, to the extent that he finds such action to be

necessary, prescribe requirements to assure that any person

receiving a fellowship, traineeship, stipend or allowance shall

repay the costs thereof to the extent that such person fails to

serve in the Federal-State employment security program for the

period prescribed by the Secretary. The Secretary may relieve any

individual of his obligation to so repay, in whole or in part,

whenever and to the extent that such repayment would, in his

judgment, be inequitable or would be contrary to the purposes of

any of the programs established by this section.

(c) Detail of Federal and State employees

The Secretary, with the concurrence of the State, may detail

Federal employees to State unemployment compensation administration

and the Secretary may concur in the detailing of State employees to

the United States Department of Labor for temporary periods for

training or for purposes of unemployment compensation

administration, and the provisions of section 869b (!1) of title 20

or any more general program of interchange enacted by a law

amending, supplementing, or replacing section 869b (!1) of title 20

shall apply to any such assignment.

(d) Authorization of appropriations

There are hereby authorized to be appropriated for the fiscal

year ending June 30, 1971, and for each fiscal year thereafter such

sums, not to exceed $5,000,000, as may be necessary to carry out

the purposes of this section.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IX, Sec. 907, as added Pub. L.

91-373, title I, Sec. 141, Aug. 10, 1970, 84 Stat. 705.)

-REFTEXT-

REFERENCES IN TEXT

Section 869b of title 20, referred to in subsec. (c), was

repealed by Pub. L. 91-648, title IV, Sec. 403, Jan. 5, 1971, 84

Stat. 1925. Provisions relating to assignment of personnel to and

from State and local governments are covered by section 3371 et

seq. of Title 5, Government Organization and Employees.

-MISC1-

PRIOR PROVISIONS

A prior section 1107, acts Aug. 14, 1935, ch. 531, title IX, Sec.

907, 49 Stat. 642; June 25, 1938, ch. 680, Sec. 13(a), 52 Stat.

1110, related to definitions. For further details, see Prior Law

note set out preceding section 1101 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

42 USC Sec. 1108 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

Sec. 1108. Advisory Council on Unemployment Compensation

-STATUTE-

(a) Establishment

Not later than February 1, 1992, and every 4th year thereafter,

the Secretary of Labor shall establish an advisory council to be

known as the Advisory Council on Unemployment Compensation

(referred to in this section as the "Council").

(b) Function

It shall be the function of each Council to evaluate the

unemployment compensation program, including the purpose, goals,

countercyclical effectiveness, coverage, benefit adequacy, trust

fund solvency, funding of State administrative costs,

administrative efficiency, and any other aspects of the program and

to make recommendations for improvement.

(c) Members

(1) In general

Each Council shall consist of 11 members as follows:

(A) 5 members appointed by the President, to include

representatives of business, labor, State government, and the

public.

(B) 3 members appointed by the President pro tempore of the

Senate, in consultation with the Chairman and ranking member of

the Committee on Finance of the Senate.

(C) 3 members appointed by the Speaker of the House of

Representatives, in consultation with the Chairman and ranking

member of the Committee on Ways and Means of the House of

Representatives.

(2) Qualifications

In appointing members under subparagraphs (B) and (C) of

paragraph (1), the President pro tempore of the Senate and the

Speaker of the House of Representatives shall each appoint -

(A) 1 representative of the interests of business,

(B) 1 representative of the interests of labor, and

(C) 1 representative of the interests of State governments.

(3) Vacancies

A vacancy in any Council shall be filled in the manner in which

the original appointment was made.

(4) Chairman

The President shall appoint the Chairman of the Council from

among its members.

(d) Staff and other assistance

(1) In general

Each Council may engage any technical assistance (including

actuarial services) required by the Council to carry out its

functions under this section.

(2) Assistance from Secretary of Labor

The Secretary of Labor shall provide each Council with any

staff, office facilities, and other assistance, and any data

prepared by the Department of Labor, required by the Council to

carry out its functions under this section.

(e) Compensation

Each member of any Council -

(1) shall be entitled to receive compensation at the rate of

pay for level V of the Executive Schedule under section 5316 of

title 5 for each day (including travel time) during which such

member is engaged in the actual performance of duties vested in

the Council, and

(2) while engaged in the performance of such duties away from

such member's home or regular place of business, shall be allowed

travel expenses (including per diem in lieu of subsistence) as

authorized by section 5703 of title 5 for persons in the

Government employed intermittently.

(f) Report

(1) In general

Not later than February 1 of the third year following the year

in which any Council is required to be established under

subsection (a) of this section, the Council shall submit to the

President and the Congress a report setting forth the findings

and recommendations of the Council as a result of its evaluation

of the unemployment compensation program under this section.

(2) Report of first Council

The Council shall include in its report required to be

submitted by February 1, 1995, the Council's findings and

recommendations with respect to determining eligibility for

extended unemployment benefits on the basis of unemployment

statistics for regions, States, or subdivisions of States.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IX, Sec. 908, as added Pub. L.

91-373, title I, Sec. 141, Aug. 10, 1970, 84 Stat. 706; amended

Pub. L. 98-369, div. B, title VI, Sec. 2663(d)(4), July 18, 1984,

98 Stat. 1167; Pub. L. 102-164, title III, Sec. 303, Nov. 15, 1991,

105 Stat. 1059; Pub. L. 103-152, Sec. 6, Nov. 24, 1993, 107 Stat.

1518.)

-COD-

CODIFICATION

Section 9 of Pub. L. 102-107, Aug. 17, 1991, 105 Stat. 547, which

contained provisions substantially identical to those of section

303 of Pub. L. 102-164, amending this section, did not become

effective pursuant to section 10(b) of Pub. L. 102-107, because the

President did not take the action required by that section by Aug.

17, 1991.

-MISC1-

PRIOR PROVISIONS

A prior section 1108, act Aug. 14, 1935, ch. 531, title IX, Sec.

908, 49 Stat. 643, related to rules and regulations. For further

details, see Prior Law note set out preceding section 1101 of this

title.

A prior section 1109, act Aug. 14, 1935, ch. 531, title IX, Sec.

909, 49 Stat. 643, related to an additional credit against tax. For

further details, see Prior Law note set out preceding section 1101

of this title.

A prior section 1110, act Aug. 14, 1935, ch. 531, title IX, Sec.

910, 49 Stat. 644, related to conditions of additional credit

allowance. For further details, see Prior Law note set out

preceding section 1101 of this title.

AMENDMENTS

1993 - Subsec. (f). Pub. L. 103-152 substituted "third year" for

"2d year" in par. (1) and "1995" for "1994" in par. (2).

1991 - Pub. L. 102-164 amended section generally, substituting

present provisions for provisions which in subsec. (a) established

the Federal Advisory Council and its membership, in subsec. (b)

prescribed the appointment of its members, in subsec. (c) required

that secretarial, clerical, and other assistance be made available

to the Council, in subsec. (d) provided for compensation of

members, in subsec. (e) encouraged the organization of State

advisory councils, and in subsec. (f) authorized certain

appropriations for the work of the Council.

1984 - Subsec. (d). Pub. L. 98-369 substituted "5703" for

"5703(b)".

EFFECTIVE DATE OF 1984 AMENDMENT

Amendment by Pub. L. 98-369 effective July 18, 1984, but not to

be construed as changing or affecting any right, liability, status,

or interpretation which existed (under the provisions of law

involved) before that date, see section 2664(b) of Pub. L. 98-369,

set out as a note under section 401 of this title.

TERMINATION OF ADVISORY COUNCILS

Advisory councils established after Jan. 5, 1973, to terminate

not later than the expiration of the 2-year period beginning on the

date of their establishment, unless, in the case of a council

established by the President or an officer of the Federal

Government, such council is renewed by appropriate action prior to

the expiration of such 2-year period, or in the case of a council

established by the Congress, its duration is otherwise provided by

law. See sections 3(2) and 14 of Pub. L. 92-463, Oct. 6, 1972, 86

Stat. 770, 776, set out in the Appendix to Title 5, Government

Organization and Employees.

REPORT ON AGRICULTURAL LABOR PERFORMED BY ALIENS

Pub. L. 102-318, title III, Sec. 303(b), July 3, 1992, 106 Stat.

297, directed Advisory Council on Unemployment Compensation to

submit a report to Congress, not later than Feb. 1, 1994, on its

recommendations with respect to the treatment of agricultural labor

performed by aliens.

-End-

-CITE-

42 USC Sec. 1109 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

Sec. 1109. Federal Employees Compensation Account

-STATUTE-

There is hereby established in the Unemployment Trust Fund a

Federal Employees Compensation Account which shall be used for the

purposes specified in section 8509 of title 5. For the purposes

provided for in section 1104(e) of this title, such account shall

be maintained as a separate book account.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IX, Sec. 909, as added Pub. L.

96-499, title X, Sec. 1023(a), Dec. 5, 1980, 94 Stat. 2657.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in title 2 section 906; title 5

section 8509.

-End-

-CITE-

42 USC Sec. 1110 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER IX - EMPLOYMENT SECURITY ADMINISTRATIVE FINANCING

-HEAD-

Sec. 1110. Borrowing between Federal accounts

-STATUTE-

(a) In general

Whenever the Secretary of the Treasury (after consultation with

the Secretary of Labor) determines that -

(1) the amount in the employment security administration

account, Federal unemployment account, or extended unemployment

compensation account, is insufficient to meet the anticipated

payments from the account,

(2) such insufficiency may cause such account to borrow from

the general fund of the Treasury, and

(3) the amount in any other such account exceeds the amount

necessary to meet the anticipated payments from such other

account,

the Secretary shall transfer to the account referred to in

paragraph (1) from the account referred to (!1) paragraph (3) an

amount equal to the insufficiency determined under paragraph (1)

(or, if less, the excess determined under paragraph (3)).

(b) Treatment of advance

Any amount transferred under subsection (a) of this section -

(1) shall be treated as a noninterest-bearing repayable

advance, and

(2) shall not be considered in computing the amount in any

account for purposes of the application of sections 1101(f)(2),

1102(b), and 1105(b) of this title.

(c) Repayment

Whenever the Secretary of the Treasury (after consultation with

the Secretary of Labor) determines that the amount in the account

to which an advance is made under subsection (a) of this section

exceeds the amount necessary to meet the anticipated payments from

the account, the Secretary shall transfer from the account to the

account from which the advance was made an amount equal to the

lesser of the amount so advanced or such excess.

-SOURCE-

(Aug. 14, 1935, ch. 531, title IX, Sec. 910, as added Pub. L.

102-318, title V, Sec. 531(c), July 3, 1992, 106 Stat. 316.)

-FOOTNOTE-

(!1) So in original. Probably should be "to in".

-End-

-CITE-

42 USC SUBCHAPTER X - GRANTS TO STATES FOR AID TO BLIND 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER X - GRANTS TO STATES FOR AID TO BLIND

-HEAD-

SUBCHAPTER X - GRANTS TO STATES FOR AID TO BLIND

-STATAMEND-

REPEAL OF SUBCHAPTER X OF THIS CHAPTER; INAPPLICABILITY OF REPEAL

TO PUERTO RICO, GUAM, AND VIRGIN ISLANDS

Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86

Stat. 1484, provided that this subchapter is repealed effective

Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the

Virgin Islands.

-SECREF-

SUBCHAPTER REFERRED TO IN OTHER SECTIONS

This subchapter is referred to in sections 428, 671, 1301, 1306a,

1308, 1309, 1311, 1315, 1316, 1318, 1319, 1320b-2, 1320b-3,

1320b-7, 1382, 1382c, 1395v, 1396a, 1396b, 1396d of this title;

title 7 sections 2012, 2014; title 8 section 1255a; title 26

section 6103; title 29 section 802.

-End-

-CITE-

42 USC Sec. 1201 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER X - GRANTS TO STATES FOR AID TO BLIND

-HEAD-

Sec. 1201. Authorization of appropriations

-STATUTE-

For the purpose of enabling each State to furnish financial

assistance, as far as practicable under the conditions in such

State, to needy individuals who are blind, there is hereby

authorized 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.

-SOURCE-

(Aug. 14, 1935, ch. 531, title X, Sec. 1001, 49 Stat. 645; Aug. 28,

1950, ch. 809, title III, pt. 6, Sec. 361(b), 64 Stat. 558; 1953

Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67

Stat. 631; Aug. 1, 1956, ch. 836, title III, Sec. 313(a), 70 Stat.

849; Pub. L. 87-543, title I, Sec. 104(c)(3), July 25, 1962, 76

Stat. 186; Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93

Stat. 695; Pub. L. 97-35, title XXI, Sec. 2184(c)(1), Aug. 13,

1981, 95 Stat. 817.)

-STATAMEND-

REPEAL OF SECTION

Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86

Stat. 1484, provided that this section is repealed effective Jan.

1, 1974, except with respect to Puerto Rico, Guam, and the Virgin

Islands.

-MISC1-

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-support and self-care" after "who are

blind".

1962 - Pub. L. 87-543 inserted "to furnish rehabilitation and

other services" before "to help such individuals" and "or retain

capability for" after "attain".

1956 - Act Aug. 1, 1956, restated purpose to include assistance

to individuals to attain self-support or self-care.

1950 - Act Aug. 28, 1950, substituted "Federal Security

Administrator" for "Social Security Board".

-TRANS-

TRANSFER OF FUNCTIONS

Functions of Federal Security Administrator transferred 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 Agency and office of Administrator abolished by section 8

of Reorg. Plan No. 1 of 1953. Secretary and Department of Health,

Education, and Welfare redesignated Secretary and Department of

Health and Human Services by section 509(b) of Pub. L. 96-88 which

is classified to section 3508(b) of Title 20, Education.

-End-

-CITE-

42 USC Sec. 1202 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER X - GRANTS TO STATES FOR AID TO BLIND

-HEAD-

Sec. 1202. State plans for aid to blind

-STATUTE-

(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 mandatory upon them; (2)

provide for financial participation by the State; (3) either

provide for the establishment 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 denied or is not

acted upon with reasonable promptness, and (B) that if the State

plan is administered 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 effect immediately upon

issuance its decision upon the matter considered at such hearing;

(5) provide (A) such methods of administration (including after

January 1, 1940, methods relating to the establishment and

maintenance of personnel 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 accordance with such methods) as are found by the

Secretary to be necessary for the proper and efficient operation of

the plan, and (B) for the training and effective use of paid

subprofessional 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 volunteers in a social

service volunteer program in providing services to applicants and

recipients and in assisting any advisory committees established 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 approved under

section 302 of this title or assistance under a State program

funded under part A of subchapter IV of this chapter; (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, disregard 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

disregarding the amounts referred to in clauses (A) and (B),

disregard not more than $7.50 of any income; (9) provide safeguards

which permit the use or disclosure of information concerning

applicants 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

administration 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 optometrist,

whichever the individual may select; (11) effective July 1, 1951,

provide that all individuals 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 reasonable promptness to all eligible

individuals; (12) effective July 1, 1953, provide, if the plan

includes payments to individuals in private or public institutions,

for the establishment or designation 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 applicants for and

recipients of aid to the blind to help them attain self-support or

self-care, including a description of the steps taken to assure, in

the provision of such services, maximum utilization of other

agencies providing similar or related services; and (14) provide

that information is requested and exchanged for purposes of income

and eligibility verification in accordance with a State system

which meets the requirements of section 1320b-7 of this title.

(b) The Secretary shall approve any plan which fulfills the

conditions specified in subsection (a) of this section, 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 excludes any resident of

the State who has resided 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 excludes 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 reasonable cost of such materials, but such provision 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 subchapter, even though

it does not meet the requirements 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 thereunder which would

be included as expenditures for the purposes of section 1203 of

this title under a plan approved under this section without regard

to the provisions of this sentence.

-SOURCE-

(Aug. 14, 1935, ch. 531, title X, Sec. 1002, 49 Stat. 645; Aug. 10,

1939, ch. 666, title VII, Sec. 701, 53 Stat. 1397; Aug. 28, 1950,

ch. 809, title III, pt. 4, Sec. 341(a)-(e), pt. 6, Sec. 361(c),

(d), 64 Stat. 553, 558; 1953 Reorg. Plan No. 1, Secs. 5, 8, eff.

Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836,

title III, Sec. 313(b), 70 Stat. 849; Pub. L. 86-778, title VII,

Sec. 710, Sept. 13, 1960, 74 Stat. 997; Pub. L. 87-543, title I,

Secs. 104(a)(3)(H), 106(a)(2), 136(a), 154, July 25, 1962, 76 Stat.

185, 188, 197, 206; Pub. L. 88-650, Sec. 5(a), Oct. 13, 1964, 78

Stat. 1078; Pub. L. 89-97, title IV, Sec. 403(c), July 30, 1965, 79

Stat. 418; Pub. L. 90-248, title II, Secs. 210(a)(3), 213(a)(2),

Jan. 2, 1968, 81 Stat. 895, 898; Pub. L. 92-603, title IV, Secs.

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, Sec.

2651(f), July 18, 1984, 98 Stat. 1149; Pub. L. 104-193, title I,

Sec. 108(f), Aug. 22, 1996, 110 Stat. 2168.)

-STATAMEND-

REPEAL OF SECTION

Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86

Stat. 1484, provided that this section is repealed effective Jan.

1, 1974, except with respect to Puerto Rico, Guam, and the Virgin

Islands.

-REFTEXT-

REFERENCES IN TEXT

Part A of subchapter IV of this chapter, referred to in subsec.

(a)(7), is classified to section 601 et seq. of this title.

-MISC1-

AMENDMENTS

1996 - Subsec. (a)(7). Pub. L. 104-193 substituted "assistance

under a State program funded under part A of subchapter IV of this

chapter" 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, Sec. 410(b), inserted

"except to the extent permitted by the Secretary with respect to

services," before "provide".

Subsec. (a)(4). Pub. L. 92-603, Sec. 407(b), designated existing

provisions as subcl. (A) and added subcl. (B).

Subsec. (a)(9). Pub. L. 92-603, Sec. 413(b), substituted

provisions permitting the use or disclosure of information

concerning applicants or recipients to public officials requiring

such information in connection with their official 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.

Subsec. (a)(13). Pub. L. 92-603, Sec. 405(b), inserted provision

relating to the use of whatever internal organizational arrangement

found appropriate.

Subsec. (b). Pub. L. 92-603, Sec. 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, Sec. 210(a)(3), designated

existing provisions as subcl. (A) and added subcl. (B).

Subsec. (a)(8)(C). Pub. L. 90-248, Sec. 213(a)(2), increased from

$5 to $7.50 limitation on amount of any income which the State may

disregard in making its determination 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, Sec. 104(a)(3)(H),

substituted "aid to families with dependent children" for "aid to

dependent children".

Subsec. (a)(8). Pub. L. 87-543, Secs. 106(a)(2), 154, inserted ",

as well as any expenses reasonably attributable to the earning of

any such income", and amended the exception 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, Sec. 136(a), provided for approval

of certain plans of States, without an approved plan on Jan. 1,

1949, meeting all but income and resources requirements, and

payment of certain expenditures under such plans.

1960 - Subsec. (a)(8). Pub. L. 86-778, Sec. 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 determining need.

Pub. L. 86-778, Sec. 710(a), inserted provision that required 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, Sec. 341(a),

substituted "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, Sec. 341(b), inserted "or aid

to dependent children under the State plan approved under section

302 of this title".

Subsec. (a)(8). Act Aug. 28, 1950, Sec. 341(c)(2), (d), amended

cl. (8) generally, effective July 1, 1952, and struck out "and"

preceding cl. (9).

Act Aug. 28, 1950, Sec. 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, Sec. 341(d), substituted comma

for period at end.

Subsec. (a)(10). Act Aug. 28, 1950, Sec. 341(e), amended cl. (10)

generally. Prior to amendment, cl. (10) read as follows: "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 optometrist;".

Act Aug. 28, 1950, Sec. 341(d), added cl. (10).

Subsec. (a)(11), (12). Act Aug. 28, 1950, Sec. 341(d), added cls.

(11) and (12).

Subsec. (b). Act Aug. 28, 1950, Sec. 361(c), (d), substituted

"Administrator" for "Board" and "he" for "it".

1939 - Subsec. (a)(5). Act Aug. 10, 1939, Sec. 701(a), inserted

"(including after January 1, 1940, methods relating to the

establishment and maintenance of personnel standards on a merit

basis, except that the Board shall exercise no authority with

respect)" after "methods of administration" and "proper" before

"and efficient operation of the plan".

Subsec. (a)(8), (9). Act Aug. 10, 1939, Sec. 701(b), added cls.

(8) and (9).

EFFECTIVE DATE OF 1996 AMENDMENT

Amendment by Pub. L. 104-193 effective July 1, 1997, with

transition rules relating to State options to accelerate such date,

rules relating to claims, actions, and proceedings commenced before

such date, rules relating to closing out of accounts for terminated

or substantially 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 effective 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

Section 403(c) of Pub. L. 89-97 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 effective July

1, 1963, see section 202(a) of Pub. L. 87-543, set out as a note

under section 302 of this title.

Section 154 of Pub. L. 87-543 provided that the amendment made by

that section is effective July 1, 1963.

EFFECTIVE DATE OF 1960 AMENDMENT

Section 710(a) of Pub. L. 86-778 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.

Section 710(b) of Pub. L. 86-778 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

Section 341(c)(1) of act Aug. 28, 1950, provided that the

amendment made by that section is effective for the period

beginning Oct. 1, 1950, and ending June 30, 1952.

Section 341(c)(2) of act Aug. 28, 1950, provided that the

amendment made by that section is effective July 1, 1952.

Section 341(e) of act Aug. 28, 1950, provided that the amendment

made by that section is effective July 1, 1952.

Section 341(f) of act Aug. 28, 1950, provided that: "The

amendments made by subsections (b) and (d) [amending this section]

shall take effect October 1, 1950; and the amendment made by

subsection (a) [amending this section] shall take effect July 1,

1951."

EFFECTIVE DATE OF 1939 AMENDMENT

Section 701(b) of act Aug. 10, 1939, provided that the amendment

made by that section is effective July 1, 1941.

-TRANS-

TRANSFER OF FUNCTIONS

Functions, powers, and duties of Secretary under subsec.

(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 section 4728(a)(3)(D) of this title.

Functions of Federal Security Administrator transferred to

Secretary of Health, Education, and Welfare and 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 Agency and

office of Administrator abolished by section 8 of Reorg. Plan No. 1

of 1953. Secretary and Department of Health, Education, and Welfare

redesignated Secretary and Department of Health and Human Services

by section 509(b) of Pub. L. 96-88 which is classified to section

3508(b) of Title 20, Education.

-MISC2-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1204, 1206, 1315, 1352,

1382a, 4728 of this title; title 25 sections 683, 686, 689, 996.

-FOOTNOTE-

(!1) So in original. The word "and" probably should not appear.

-End-

-CITE-

42 USC Sec. 1202a 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER X - GRANTS TO STATES FOR AID TO BLIND

-HEAD-

Sec. 1202a. Repealed. Pub. L. 87-543, title I, Sec. 136(b), July

25, 1962, 76 Stat. 197

-MISC1-

Section, act Aug. 28, 1950, ch. 809, title III, pt. 4, Sec.

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 conforming to all requirements except

those relating to determination of need and consideration of

resources but conditioned payments to the State meeting the

excepted requirement.

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,

Sec. 302, 68 Stat. 1097; Apr. 25, 1957, Pub. L. 85-26, 71 Stat. 27;

Aug. 28, 1958, Pub. L. 85-840, title V, Sec. 509, 72 Stat. 1051;

Sept. 13, 1960, Pub. L. 86-778, title VII, Sec. 706, 74 Stat. 995,

which provided that this section should become effective Oct. 1,

1950 and terminate June 30, 1964.

-End-

-CITE-

42 USC Sec. 1203 01/06/03

-EXPCITE-

TITLE 42 - THE PUBLIC HEALTH AND WELFARE

CHAPTER 7 - SOCIAL SECURITY

SUBCHAPTER X - GRANTS TO STATES FOR AID TO BLIND

-HEAD-

Sec. 1203. Payment to States

-STATUTE-

(a) Authorization of payments

From the sums appropriated therefor, the Secretary 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, Sec. 2184(c)(2)(A),

Aug. 13, 1981, 95 Stat. 817.

(2) in the case of Puerto Rico, the Virgin Islands, 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 administration 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)

of this section, 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 appropriated 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) of this section for such quarter, 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

quarter by the State or any political subdivision thereof with

respect to aid to the blind furnished 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

estimated by the Secretary of Health and Human Services for such

prior quarter: Provided, That any part of the amount recovered

from the estate of a deceased recipient which is not in excess of

the amount expended by the State or any political subdivision

thereof for the funeral 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 General Accounting Office, pay to the State, at

the time or times fixed by the Secretary of Health and Human

Services, the amount so certified.

-SOURCE-

(Aug. 14, 1935, ch. 531, title X, Sec. 1003, 49 Stat. 646; Aug. 10,

1939, ch. 666, title VII, Sec. 702, 53 Stat. 1397; 1940 Reorg. Plan

No. III, Sec. 1(a)(1), eff. June 30, 1940, 5 F.R. 2107, 54 Stat.

1231; Aug. 10, 1946, ch. 951, title V, Sec. 503, 60 Stat. 992; June

14, 1948, ch. 468, Sec. 3(c), 62 Stat. 439; Aug. 28, 1950, ch. 809,

title III, pt. 4, Sec. 342(a), pt. 6, Sec. 361(c), (d), 64 Stat.

553, 558; July 18, 1952, ch. 945, Sec. 8(c), 66 Stat. 779; 1953

Reorg. Plan No. 1, Secs. 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67

Stat. 631; Sept. 1, 1954, ch. 1206, title III, Sec. 303(a), 68

Stat. 1097; Aug. 1, 1956, ch. 836, title III, Secs. 303, 313(c),

343, 70 Stat. 847, 849, 853; Pub. L. 85-840, title V, Sec. 503,

Aug. 28, 1958, 72 Stat. 1049; Pub. L. 87-64, title III, Sec.

303(b), June 30, 1961, 75 Stat. 143; Pub. L. 87-543, title I, Secs.

101(a)(3), (b)(3), 132(b), July 25, 1962, 76 Stat. 176, 180, 195;

Pub. L. 89-97, title I, Sec. 122, title IV, Sec. 401(d), July 30,

1965, 79 Stat. 353, 415; Pub. L. 90-248, title II, Sec. 212(b),

Jan. 2, 1968, 81 Stat. 897; Pub. L. 92-512, title III, Sec. 301(b), (d), Oct. 20, 1972, 86 Stat. 946, 947; Pub. L. 93-647, Secs.

3(e)(2), 5(c), Jan. 4, 1975, 88 Stat. 2349, 2350; Pub. L. 96-88,

title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97-35,

title XXI, Sec. 2184(c)(2), title XXIII, Sec. 2353(e), Aug. 13,

1981, 95 Stat. 817, 872; Pub. L. 99-603, title I, Sec. 121(b)(4),

Nov. 6, 1986, 100 Stat. 3391; Pub. L. 103-66, title XIII, Sec.

13741(b), Aug. 10, 1993, 107 Stat. 663.)

-STATAMEND-

REPEAL OF SECTION

Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86

Stat. 1484, provided that this section is repealed effective Jan.

1, 1974, except with respect to Puerto Rico, Guam, and the Virgin

Islands.

-MISC1-