42 U.S.C. § 1310 — Cooperative research or demonstration

Page 2573 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1310 taken into consideration in determining the eli- gibility of and amount of aid or assistance for any other individual under a State plan ap- proved under any other of such subchapters. (Aug. 14, 1935, ch. 531, title XI, § 1109, as added July 18, 1952, ch. 945, § 7, 66 Stat. 778; amended Pub. L. 87–543, title I, § 141(c), July 25, 1962, 76 Stat. 205; Pub. L. 89–97, title I, § 121(c)(2), July 30, 1965, 79 Stat. 352; Pub. L. 90–248, title II, § 241(c)(2), Jan. 2, 1968, 81 Stat. 917; Pub. L. 104–193, title I, § 108(g)(1), Aug. 22, 1996, 110 Stat. 2168.) Editorial Notes AMENDMENTS 1996—Pub. L. 104–193 struck out ‘‘or part A of sub- chapter IV,’’ after ‘‘subchapter I, X, XIV, XVI, or XIX,’’. 1968—Pub. L. 90–248 struck out ‘‘IV,’’ after ‘‘I,’’ and inserted ‘‘, or part A of subchapter IV,’’ after ‘‘XIX’’. 1965—Pub. L. 89–97 substituted requirement that amounts disregarded be not taken into account in de- termining eligibility of other individuals, for former provisions which had provided that: ‘‘Notwithstanding the provisions of sections 302(a)(10)(A), 602(a)(7), 1202(a)(8), 1352(a)(8), and 1382(a)(14) of this title, a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter may until June 30, 1954, and thereafter shall provide that where earned income has been dis- regarded in determining the need of an individual re- ceiving aid to the blind under a State plan approved under subchapter X of this chapter, the earned income so disregarded (but not in excess of the amount speci- fied in section 1202(a)(8) of this title) shall not be taken into consideration in determining the need of any other individual for assistance under a State plan approved under subchapter I, IV, X, XIV, or XVI of this chapter’’. 1962—Pub. L. 87–543 substituted reference to section 302(a)(10)(A) for 302(a)(7) and inserted references to sec- tion 1382(a)(14) and subchapter XVI. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1996 AMENDMENT Amendment by Pub. L. 104–193 effective July 1, 1997, with transition rules relating to State options to accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially modified programs and continuance in office of Assistant Secretary for Family Support, and provisions relating to termination of entitlement under AFDC program, see section 116 of Pub. L. 104–193, as amended, set out as an Effective Date note under section 601 of this title. § 1310. Cooperative research or demonstration projects (a) In general (1) There are hereby authorized to be appro- priated for the fiscal year ending June 30, 1957, $5,000,000 and for each fiscal year thereafter such sums as the Congress may determine for (A) making grants to States and public and other organizations and agencies for paying part of the cost of research or demonstration projects such as those relating to the prevention and re- duction of dependency, or which will aid in ef- fecting coordination of planning between private and public welfare agencies or which will help improve the administration and effectiveness of programs carried on or assisted under this chap- ter and programs related thereto, and (B) mak- ing contracts or jointly financed cooperative ar- rangements with States and public and other or- ganizations and agencies for the conduct of re- search or demonstration projects relating to such matters. (2) No contract or jointly financed cooperative arrangement shall be entered into, and no grant shall be made, under paragraph (1), until the Secretary (or the Commissioner, with respect to any jointly financed cooperative agreement or grant concerning subchapters II or XVI) obtains the advice and recommendations of specialists who are competent to evaluate the proposed projects as to soundness of their design, the pos- sibilities of securing productive results, the ade- quacy of resources to conduct the proposed re- search or demonstrations, and their relationship to other similar research or demonstrations al- ready completed or in process. (3) Grants and payments under contracts or cooperative arrangements under paragraph (1) may be made either in advance or by way of re- imbursement, as may be determined by the Sec- retary (or the Commissioner, with respect to any jointly financed cooperative agreement or grant concerning subchapter II or XVI); and shall be made in such installments and on such conditions as the Secretary (or the Commis- sioner, as applicable) finds necessary to carry out the purposes of this subsection. (b) Limitations and costs (1) The Commissioner is authorized to waive any of the requirements, conditions, or limita- tions of subchapter XVI (or to waive them only for specified purposes, or to impose additional requirements, conditions, or limitations) to such extent and for such period as the Commis- sioner finds necessary to carry out one or more experimental, pilot, or demonstration projects which, in the Commissioner’s judgment, are likely to assist in promoting the objectives or facilitate the administration of such subchapter. Any costs for benefits under or administration of any such project (including planning for the project and the review and evaluation of the project and its results), in excess of those that would have been incurred without regard to the project, shall be met by the Commissioner from amounts available to the Commissioner for this purpose from appropriations made to carry out such subchapter. The costs of any such project which is carried out in coordination with one or more related projects under other subchapters of this chapter shall be allocated among the appro- priations available for such projects and any Trust Funds involved, in a manner determined by the Commissioner with respect to the old- age, survivors, and disability insurance pro- grams under subchapter II and the supplemental security income program under subchapter XVI, and by the Secretary with respect to other sub- chapters of this chapter, taking into consider- ation the programs (or types of benefit) to which the project (or part of a project) is most closely related or which the project (or part of a project) is intended to benefit. If, in order to carry out a project under this subsection, the Commissioner requests a State to make supple- mentary payments (or the Commissioner makes them pursuant to an agreement under section Page 2574 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1310 1382e of this title) to individuals who are not eli- gible therefor, or in amounts or under cir- cumstances in which the State does not make such payments, the Commissioner shall reim- burse such State for the non-Federal share of such payments from amounts appropriated to carry out subchapter XVI. If, in order to carry out a project under this subsection, the Sec- retary requests a State to provide medical as- sistance under its plan approved under sub- chapter XIX to individuals who are not eligible therefor, or in amounts or under circumstances in which the State does not provide such med- ical assistance, the Secretary shall reimburse such State for the non-Federal share of such as- sistance from amounts appropriated to carry out subchapter XVI, which shall be provided by the Commissioner to the Secretary for this pur- pose. (2) With respect to the participation of recipi- ents of supplemental security income benefits in experimental, pilot, or demonstration projects under this subsection— (A) the Commissioner is not authorized to carry out any project that would result in a substantial reduction in any individual’s total income and resources as a result of his or her participation in the project; (B) the Commissioner may not require any individual to participate in a project; and the Commissioner shall assure (i) that the vol- untary participation of individuals in any project is obtained through informed written consent which satisfies the requirements for informed consent established by the Commis- sioner for use in any experimental, pilot, or demonstration project in which human sub- jects are at risk, and (ii) that any individual’s voluntary agreement to participate in any project may be revoked by such individual at any time; (C) the Commissioner shall, to the extent feasible and appropriate, include recipients who are under age 18 as well as adult recipi- ents; and (D) the Commissioner shall include in the projects carried out under this section such experimental, pilot, or demonstration projects as may be necessary to ascertain the feasi- bility of treating alcoholics and drug addicts to prevent the onset of irreversible medical conditions which may result in permanent dis- ability, including programs in residential care treatment centers. (c) Survey of use of payments (1) In addition to the amount otherwise appro- priated in any other law to carry out subsection (a) for fiscal year 2004, up to $8,500,000 is author- ized and appropriated and shall be used by the Commissioner of Social Security under this sub- section for purposes of conducting a statis- tically valid survey to determine how payments made to individuals, organizations, and State or local government agencies that are representa- tive payees for benefits paid under subchapter II or XVI are being managed and used on behalf of the beneficiaries for whom such benefits are paid. (2) Not later than 18 months after March 2, 2004, the Commissioner of Social Security shall submit a report on the survey conducted in ac- cordance with paragraph (1) to the Committee on Ways and Means of the House of Representa- tives and the Committee on Finance of the Sen- ate. (Aug. 14, 1935, ch. 531, title XI, § 1110, as added Aug. 1, 1956, ch. 836, title III, § 331, 70 Stat. 850; amended Pub. L. 90–248, title II, § 246, Jan. 2, 1968, 81 Stat. 918; Pub. L. 96–265, title V, § 505(b), June 9, 1980, 94 Stat. 474; Pub. L. 98–369, div. B, title III, § 2331(a), July 18, 1984, 98 Stat. 1088; Pub. L. 99–272, title XII, § 12101(d), Apr. 7, 1986, 100 Stat. 283; Pub. L. 103–296, title I, § 108(b)(7), Aug. 15, 1994, 108 Stat. 1482; Pub. L. 105–33, title V, § 5524, Aug. 5, 1997, 111 Stat. 623; Pub. L. 106–170, title IV, § 404(a), Dec. 17, 1999, 113 Stat. 1910; Pub. L. 108–203, title I, § 107(a), Mar. 2, 2004, 118 Stat. 506.) Editorial Notes AMENDMENTS 2004—Subsec. (c). Pub. L. 108–203 added subsec. (c). 1999—Subsec. (a)(3). Pub. L. 106–170 substituted ‘‘sub- chapter II or XVI’’ for ‘‘subchapter XVI’’. 1997—Subsec. (a)(3). Pub. L. 105–33 inserted ‘‘(or the Commissioner, with respect to any jointly financed co- operative agreement or grant concerning subchapter XVI)’’ after ‘‘Secretary’’ the first place appearing and ‘‘(or the Commissioner, as applicable)’’ after ‘‘Sec- retary’’ the second place appearing. 1994—Subsec. (a)(2). Pub. L. 103–296, § 108(b)(7)(B), in- serted ‘‘(or the Commissioner, with respect to any jointly financed cooperative agreement or grant con- cerning subchapters II or XVI)’’ after ‘‘Secretary’’. Subsec. (b)(1). Pub. L. 103–296, § 108(b)(7)(A), (C), in first sentence substituted ‘‘The Commissioner’’ for ‘‘The Secretary’’, ‘‘as the Commissioner’’ for ‘‘as he’’, and ‘‘in the Commissioner’s judgment’’ for ‘‘in his judg- ment’’, in second sentence substituted ‘‘by the Commis- sioner’’ for ‘‘by the Secretary’’ and ‘‘available to the Commissioner’’ for ‘‘available to him’’, in third sen- tence substituted ‘‘determined by the Commissioner with respect to the old-age, survivors, and disability in- surance programs under subchapter II and the supple- mental security income program under subchapter XVI, and by the Secretary with respect to other sub- chapters of this chapter,’’ for ‘‘determined by the Sec- retary,’’, and substituted fourth and fifth sentences for former fourth sentence which read as follows: ‘‘If, in order to carry out a project under this subsection, the Secretary requests a State to make supplementary payments (or makes them himself pursuant to an agreement under section 1382e of this title), or to pro- vide medical assistance under its plan approved under subchapter XIX, to individuals who are not eligible therefor, or in amounts or under circumstances in which the State does not make such payments or pro- vide such medical assistance, the Secretary shall reim- burse such State for the non-Federal share of such pay- ments or assistance from amounts appropriated to carry out subchapter XVI.’’ Subsec. (b)(2). Pub. L. 103–296, § 108(b)(7)(A), (D), sub- stituted ‘‘the Commissioner’’ for ‘‘the Secretary’’ wher- ever appearing and ‘‘the Commissioner shall’’ for ‘‘he shall’’ in subpar. (B). Subsec. (b)(3). Pub. L. 103–296, § 108(b)(7)(E), struck out par. (3) which read as follows: ‘‘All reports of the Secretary with respect to projects carried out under this subsection shall be incorporated into the Sec- retary’s annual report to the Congress required by sec- tion 904 of this title.’’ 1986—Subsec. (b)(3). Pub. L. 99–272 added par. (3). 1984—Subsec. (a)(1)(A). Pub. L. 98–369 struck out ‘‘nonprofit’’ before first reference to ‘‘organizations and agencies’’. 1980—Pub. L. 96–265 redesignated provisions of subsec. (a) and cls. (1) and (2) thereof as subsec. (a)(1) and cls. Page 2575 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1311 (A) and (B) thereof, respectively, redesignated provi- sions of subsecs. (b) and (c) as subsec. (a)(2) and (3), re- spectively, added subsec. (b), and made conforming amendments to subsec. (a)(2) and (3) as redesignated. 1968—Subsec. (a). Pub. L. 90–248 struck out ‘‘non- profit’’ before ‘‘organizations’’ in cl. (2). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1999 AMENDMENT Pub. L. 106–170, title IV, § 404(b), Dec. 17, 1999, 113 Stat. 1910, provided that: ‘‘The amendment made by sub- section (a) [amending this section] 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).’’ EFFECTIVE DATE OF 1997 AMENDMENT Amendment by Pub. L. 105–33 effective as if included in the enactment of the Social Security Independence and Program Improvements Act of 1994, Pub. L. 103–296, see section 5528(b) of Pub. L. 105–33, set out as a note under section 903 of this title. 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. EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–369, div. B, title III, § 2331(c), July 18, 1984, 98 Stat. 1088, provided that: ‘‘The amendments made by this section [amending this section and section 1395b–1 of this title] shall become effective on the date of the enactment of this Act [July 18, 1984].’’ VOCATIONAL REHABILITATION DEMONSTRATION PROJECTS Pub. L. 101–508, title V, § 5120(a)–(e), Nov. 5, 1990, 104 Stat. 1388–280, directed Secretary of Health and Human Services to develop and carry out under this section demonstration projects in each of not fewer than three States, with such demonstration projects to be de- signed to assess the advantages and disadvantages of permitting disabled beneficiaries to select from among both public and private qualified vocational rehabilita- tion providers, providers of vocational rehabilitation services directed at enabling such beneficiaries to en- gage in substantial gainful activities, with each such demonstration project to commence as soon as prac- ticable after Nov. 5, 1990, and to remain in operation until the end of fiscal year 1993, and with a final writ- ten report to be submitted to Congress not later than Apr. 1, 1994. FINAL REPORT COVERING ALL EXPERIMENTS AND DEMONSTRATION PROJECTS Pub. L. 96–265, title V, § 505(c), June 9, 1980, 94 Stat. 475, as amended by Pub. L. 99–272, title XII, § 12101(c), Apr. 7, 1986, 100 Stat. 283; Pub. L. 101–239, title X, § 10103(a)(3), Dec. 19, 1989, 103 Stat. 2472; Pub. L. 101–508, title V, § 5120(f), Nov. 5, 1990, 104 Stat. 1388–282; Pub. L. 103–296, title I, § 108(m)(3), title III, § 315(a)(3), Aug. 15, 1994, 108 Stat. 1489, 1531, which directed Commissioner to submit to Congress final report with respect to all experiments and demonstration projects carried out under section 505 of Pub. L. 96–265, which amended this section and section 401 of this title and enacted provi- sions formerly set out below (other than demonstration projects conducted under section 5120 of the Omnibus Budget Reconciliation of 1990, Pub. L. 101–508, set out above) no later than Oct. 1, 1996, was repealed by Pub. L. 106–170, title III, § 301(b)(1)(A), Dec. 17, 1999, 113 Stat. 1902. AUTHORITY FOR DEMONSTRATION PROJECTS; REPORT TO CONGRESS Pub. L. 96–265, title V, § 505(a)(1)–(4), June 9, 1980, 94 Stat. 473, as amended by Pub. L. 99–272, title XII, § 12101(a), (b), Apr. 7, 1986, 100 Stat. 282; Pub. L. 101–239, title X, § 10103(a)(1), (2), Dec. 19, 1989, 103 Stat. 2472; Pub. L. 103–296, title I, § 108(m), title III, § 315(a)(1), (2), Aug. 15, 1994, 108 Stat. 1489, 1531, which authorized Commis- sioner of Social Security to carry out demonstration projects to determine advantages and disadvantages of alternative methods of treating work activity of dis- abled beneficiaries under the old age, survivors, and disability insurance program and altering limitations and conditions applicable to such disabled bene- ficiaries, and required report to Congress on or before June 9, 1986, and in each succeeding year through 1995, was repealed by Pub. L. 106–170, title III, § 301(b)(1)(A), Dec. 17, 1999, 113 Stat. 1902. Pub. L. 106–170, title III, § 301(b)(2), Dec. 17, 1999, 113 Stat. 1902, provided that: ‘‘With respect to any experi- ment or demonstration project being conducted under section 505(a) of the Social Security Disability Amend- ments of 1980 [Pub. L. 96–265, formerly set out above] (42 U.S.C. 1310 note) as of the date of the enactment of this Act [Dec. 17, 1999], the authority to conduct such exper- iment or demonstration project (including the terms and conditions applicable to the experiment or dem- onstration project) shall be treated as if that authority (and such terms and conditions) had been established under section 234 of the Social Security Act [42 U.S.C. 434], as added by subsection (a).’’ § 1311. Public assistance payments to legal rep- resentatives For purposes of subchapters I, X, XIV, and XVI, and part A of subchapter IV, payments on behalf of an individual, made to another person who has been judicially appointed, under the law of the State in which such individual resides, as legal representative of such individual for the purpose of receiving and managing such pay- ments (whether or not he is such individual’s legal representative for other purposes), shall be regarded as money payments to such individual. (Aug. 14, 1935, ch. 531, title XI, § 1111, as added Pub. L. 85–840, title V, § 511(a), Aug. 28, 1958, 72 Stat. 1051; amended Pub. L. 87–543, title I, § 141(d), July 25, 1962, 76 Stat. 205; Pub. L. 90–248, title II, § 241(c)(3), Jan. 2, 1968, 81 Stat. 917.) Editorial Notes AMENDMENTS 1968—Pub. L. 90–248 struck out ‘‘IV,’’ after ‘‘I,’’ and inserted ‘‘and part A of subchapter IV,’’ after ‘‘XVI,’’. 1962—Pub. L. 87–543 inserted reference to subchapter XVI. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Pub. L. 85–840, title V, § 511(b), Aug. 28, 1958, 72 Stat. 1052, provided that: ‘‘The amendment made by sub- section (a) [enacting this section] shall be applicable in the case of payments to legal representatives by any State made after June 30, 1958; and to such payments by any State made after December 31, 1955, and prior to July 1, 1958, if certifications for payment to such State have been made by the Secretary of Health, Education, and Welfare [now Health and Human Services] with re- spect thereto, or such State has presented to the Sec- retary a claim (and such other data as the Secretary may require) with respect thereto, prior to July 1, 1959.’’