42 U.S.C. § 1351 — Authorization of appropriations

Page 2793 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1351 Pub. L. 100–203, set out as a note under section 1103 of this title. RETRANSFER OF AMOUNTS TRANSFERRED FROM FED- ERAL UNEMPLOYMENT ACCOUNT TO EMPLOYMENT SE- CURITY ADMINISTRATION ACCOUNT AS OF SEPTEMBER 30, 1983 Pub. L. 98–135, title II, § 205(b), Oct. 24, 1983, 97 Stat. 861, provided that: ‘‘Any amounts transferred from the Federal unemployment account to the employment se- curity administration account as of September 30, 1983, shall be transferred back to the Federal unemployment account.’’ § 1324. ‘‘Governor’’ defined When used in this subchapter, the term ‘‘Gov- ernor’’ includes the Mayor of the District of Co- lumbia. (Aug. 14, 1935, ch. 531, title XII, § 1204, as added Pub. L. 86–778, title V, § 522(a), Sept. 13, 1960, 74 Stat. 979; amended 1967 Reorg. Plan No. 3, § 401, eff. Nov. 3, 1967, 32 F.R. 11669, 81 Stat. 951; Pub. L. 93–198, title IV, § 421, Dec. 24, 1973, 87 Stat. 789.) Editorial Notes PRIOR PROVISIONS Provisions similar to those comprising this section were contained in section 1323, act Aug. 14, 1935, ch. 531, title XII, § 1203, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672, prior to amendment by Pub. L. 86–778. Executive Documents TRANSFER OF FUNCTIONS Except as otherwise provided in Reorg. Plan No. 3 of 1967, eff. Nov. 3, 1967 (in part), 32 F.R. 11669, 81 Stat. 948, functions of Board of Commissioners of District of Co- lumbia transferred to Commissioner of District of Co- lumbia by section 401 of Reorg. Plan No. 3 of 1967. Office of Commissioner of District of Columbia, as established by Reorg. Plan No. 3 of 1967, abolished as of noon Jan. 2, 1975, by Pub. L. 93–198, title VII, § 711, Dec. 24, 1973, 87 Stat. 818, and replaced by office of Mayor of District of Columbia by section 421 of Pub. L. 93–198. Accordingly, ‘‘Mayor’’ substituted in text for ‘‘Commissioners’’. SUBCHAPTER XIII—RECONVERSION UNEMPLOYMENT BENEFITS FOR SEAMEN §§ 1331 to 1336. Repealed. Pub. L. 98–369, div. B, title VI, § 2663(f), July 18, 1984, 98 Stat. 1168 Section 1331, act Aug. 14, 1935, ch. 531, title XIII, § 1301, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, provided for adminis- tration of this chapter by Secretary of Labor. Section 1332, act Aug. 14, 1935, ch. 531, title XIII, § 1302, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended July 16, 1949, ch. 342, §§ 1–3, 63 Stat. 445, defined ‘‘reconversion period’’, ‘‘compensation’’, ‘‘Federal maritime service’’, and ‘‘Federal maritime wages’’. Section 1333, act Aug. 14, 1935, ch. 531, title XIII, § 1303, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065, related to compensa- tion for seamen, agreements with states, payments in absence of agreements, wage information, and deter- mination of wages. Section 1334, act Aug. 14, 1935, ch. 531, title XIII, § 1304, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, related to review of determinations and reports. Section 1335, act Aug. 14, 1935, ch. 531, title XIII, § 1305, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, related to payments to States, certification of such payments by Secretary of Labor to Secretary of the Treasury, and return of unused funds. Section 1336, act Aug. 14, 1935, ch. 531, title XIII, § 1306, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982; amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065, related to penalties. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF REPEAL Repeal effective July 18, 1984, but such repeal shall not be construed as changing or affecting any right, li- ability, status, or interpretation which existed before that date, see section 2664(b) of Pub. L. 98–369, set out as an Effective Date of 1984 Amendment note under sec- tion 401 of this title. SUBCHAPTER XIV—GRANTS TO STATES FOR AID TO PERMANENTLY AND TO- TALLY DISABLED REPEAL OF SUBCHAPTER; INAPPLICABILITY OF RE- PEAL TO PUERTO RICO, GUAM, AND VIRGIN IS- LANDS Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this sub- chapter is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Vir- gin Islands. § 1351. Authorization of appropriations For the purpose of enabling each State to fur- nish financial assistance, as far as practicable under the conditions in such State, to needy in- dividuals eighteen years of age and older who are permanently and totally disabled, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the pur- poses of this subchapter. The sums made avail- able under this section shall be used for making payments to States which have submitted, and had approved by the Secretary, State plans for aid to the permanently and totally disabled. (Aug. 14, 1935, ch. 531, title XIV, § 1401, as added Aug. 28, 1950, ch. 809, title III, pt. 5, § 351, 64 Stat. 555; amended 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836, title III, § 314(a), 70 Stat. 849; Pub. L. 87–543, title I, § 104(c)(4), July 25, 1962, 76 Stat. 186; Pub. L. 97–35, title XXI, § 2184(c)(1), Aug. 13, 1981, 95 Stat. 817.) REPEAL OF SECTION Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands. Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 struck out ‘‘and of encouraging each State, as far as practicable under such conditions, to furnish rehabilitation and other services to help such individuals attain and retain capability for self- support or self-care’’ after ‘‘and totally disabled’’. 1962—Pub. L. 87–543 inserted ‘‘to furnish rehabilita- tion and other services’’ before ‘‘to help such individ- uals’’ and ‘‘or retain capability for’’ after ‘‘attain’’. Page 2794 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1352 1956—Act Aug. 1, 1956, restated purpose to include as- sistance to individuals to attain self-support of self- care. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 1352. State plans for aid to permanently and to- tally disabled (a) A State plan for aid to the permanently and totally disabled must (1) except to the ex- tent permitted by the Secretary with respect to services, provide that it shall be in effect in all political subdivisions of the State, and, if ad- ministered 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 admin- ister the plan, or provide for the establishment or designation of a single State agency to super- vise the administration of the plan; (4) provide (A) for granting an opportunity for a fair hear- ing before the State agency to any individual whose claim for aid to the permanently and to- tally disabled is denied or is not acted upon with reasonable promptness, and (B) that if the State plan is administered in each of the political sub- divisions of the State by a local agency and such local agency provides a hearing at which evi- dence may be presented prior to a hearing before the State agency, such local agency may put into effect immediately upon issuance its deci- sion upon the matter considered at such hear- ing; (5) provide (A) such methods of administra- tion (including methods relating to the estab- lishment and maintenance of personnel stand- ards 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 oper- ation of the plan, and (B) for the training and ef- fective use of paid subprofessional staff, with particular emphasis on the full-time or part- time employment of recipients and other per- sons 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 so- cial service volunteer program in providing serv- ices 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 con- taining 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; (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, assistance under a State program funded under part A of subchapter IV, or aid to the blind under the State plan approved under sec- tion 1202 of this title; (8) provide that the State agency shall, in determining need, take into consideration any other income and resources of an individual claiming aid to the permanently and totally disabled, as well as any expenses reasonably attributable to the earning of any such income; except that, in making such deter- mination, (A) the State agency may disregard not more than $7.50 of any income, (B) of the first $80 per month of additional income which is earned the State agency may disregard not more than the first $20 thereof plus one-half of the re- mainder, and (C) the State agency may, for a pe- riod not in excess of 36 months, disregard such additional amounts of other income and re- sources, 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 ful- fillment of such plan, but only with respect to the part or parts of such period during substan- tially all of which he is actually undergoing vo- cational rehabilitation; (9) provide safeguards which permit the use or disclosure of informa- tion 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 all individuals wishing to make ap- plication for aid to the permanently and totally disabled shall have opportunity to do so, and that aid to the permanently and totally disabled shall be furnished with reasonable promptness to all eligible individuals; (11) 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 au- thority or authorities which shall be responsible for establishing and maintaining standards for such institutions; (12) provide a description of the services (if any) which the State agency makes available (using whatever internal orga- nizational arrangement it finds appropriate for this purpose) to applicants for and recipients of aid to the permanently and totally disabled to help them attain self-support or self-care, in- cluding a description of the steps taken to as- sure, in the provision of such services, maximum utilization of other agencies providing similar or related services; and (13) provide that infor- mation is requested and exchanged for purposes of income and eligibility verification in accord- ance with a State system which meets the re- quirements of section 1320b–7 of this title. (b) The Secretary shall approve any plan which fulfills the conditions specified in sub- section (a), except that he shall not approve any plan which imposes, as a condition of eligibility for aid to the permanently and totally disabled under the plan—