42 U.S.C. § 1111 — Data exchange standardization for im-

Page 2531 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1111 1 So in original. Probably should be ‘‘to in’’. pensation 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. (Aug. 14, 1935, ch. 531, title IX, § 909, as added Pub. L. 96–499, title X, § 1023(a), Dec. 5, 1980, 94 Stat. 2657.) Editorial Notes PRIOR PROVISIONS A prior section 1109, act Aug. 14, 1935, ch. 531, title IX, § 909, 49 Stat. 643, related to an additional credit against tax. For further details, see Prior Law note set out pre- ceding section 1101 of this title. § 1110. Borrowing between Federal accounts (a) In general Whenever the Secretary of the Treasury (after consultation with the Secretary of Labor) deter- mines that— (1) the amount in the employment security administration account, Federal unemploy- ment account, or extended unemployment compensation account, is insufficient to meet the anticipated payments from the account, (2) such insufficiency may cause such ac- count to borrow from the general fund of the Treasury, and (3) the amount in any other such account ex- ceeds the amount necessary to meet the an- ticipated payments from such other account, the Secretary shall transfer to the account re- ferred to in paragraph (1) from the account re- ferred to 1 paragraph (3) an amount equal to the insufficiency determined under paragraph (1) (or, if less, the excess determined under para- graph (3)). (b) Treatment of advance Any amount transferred under subsection (a)— (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 ap- plication 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) deter- mines that the amount in the account to which an advance is made under subsection (a) 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 ex- cess. (Aug. 14, 1935, ch. 531, title IX, § 910, as added Pub. L. 102–318, title V, § 531(c), July 3, 1992, 106 Stat. 316.) Editorial Notes PRIOR PROVISIONS A prior section 1110, act Aug. 14, 1935, ch. 531, title IX, § 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. § 1111. Data exchange standardization for im- proved interoperability (a) Data exchange standards (1) The Secretary of Labor, in consultation with an interagency work group which shall be established by the Office of Management and Budget, and considering State and employer per- spectives, shall, by rule, designate a data ex- change standard for any category of information required under subchapter III, subchapter XII, or this subchapter. (2) Data exchange standards designated under paragraph (1) shall, to the extent practicable, be nonproprietary and interoperable. (3) In designating data exchange standards under this subsection, the Secretary of Labor shall, to the extent practicable, incorporate— (A) interoperable standards developed and maintained by an international voluntary con- sensus standards body, as defined by the Office of Management and Budget, such as the Inter- national Organization for Standardization; (B) interoperable standards developed and maintained by intergovernmental partner- ships, such as the National Information Ex- change Model; and (C) interoperable standards developed and maintained by Federal entities with authority over contracting and financial assistance, such as the Federal Acquisition Regulations Council. (b) Data exchange standards for reporting (1) The Secretary of Labor, in consultation with an interagency work group established by the Office of Management and Budget, and con- sidering State and employer perspectives, shall, by rule, designate data exchange standards to govern the reporting required under subchapter III, subchapter XII, or this subchapter. (2) The data exchange standards required by paragraph (1) shall, to the extent practicable— (A) incorporate a widely accepted, non- proprietary, searchable, computer-readable format; (B) be consistent with and implement appli- cable accounting principles; and (C) be capable of being continually upgraded as necessary. (3) In designating reporting standards under this subsection, the Secretary of Labor shall, to the extent practicable, incorporate existing non- proprietary standards, such as the eXtensible Markup Language. (Aug. 14, 1935, ch. 531, title IX, § 911, as added Pub. L. 112–96, title II, § 2104(a), Feb. 22, 2012, 126 Stat. 161.) Statutory Notes and Related Subsidiaries EFFECTIVE DATE; REGULATIONS Pub. L. 112–96, title II, § 2104(b), Feb. 22, 2012, 126 Stat. 162, provided that: ‘‘(1) DATA EXCHANGE STANDARDS.—The Secretary of Labor shall issue a proposed rule under section 911(a)(1) of the Social Security Act [42 U.S.C. 1111(a)(1)] (as added by subsection (a)) within 12 months after the date of the enactment of this section [Feb. 22, 2012], and Page 2532 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1201 1 So in original. The word ‘‘and’’ probably should not appear. shall issue a final rule under such section 911(a)(1), after public comment, within 24 months after such date of enactment. ‘‘(2) DATA REPORTING STANDARDS.—The reporting standards required under section 911(b)(1) of such Act [42 U.S.C. 1111(b)(1)] (as so added) shall become effective with respect to reports required in the first reporting period, after the effective date of the final rule referred to in paragraph (1) of this subsection, for which the au- thority for data collection and reporting is established or renewed under the Paperwork Reduction Act [44 U.S.C. 3501 et seq.].’’ SUBCHAPTER X—GRANTS TO STATES FOR AID TO BLIND REPEAL OF SUBCHAPTER X OF THIS CHAPTER; IN- APPLICABILITY OF REPEAL TO PUERTO RICO, GUAM, AND VIRGIN ISLANDS Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this sub- chapter is repealed effective Jan. 1, 1974, except with respect to Puerto Rico, Guam, and the Vir- gin Islands. § 1201. Authorization of appropriations For the purpose of enabling each State to fur- nish financial assistance, as far as practicable under the conditions in such State, to needy in- dividuals who are blind, there is hereby author- ized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this subchapter. The sums made available under this section shall be used for making payments to States which have submitted, and had approved by the Secretary of Health and Human Services, State plans for aid to the blind. (Aug. 14, 1935, ch. 531, title X, § 1001, 49 Stat. 645; Aug. 28, 1950, ch. 809, title III, pt. 6, § 361(b), 64 Stat. 558; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 836, title III, § 313(a), 70 Stat. 849; Pub. L. 87–543, title I, § 104(c)(3), July 25, 1962, 76 Stat. 186; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695; Pub. L. 97–35, title XXI, § 2184(c)(1), Aug. 13, 1981, 95 Stat. 817.) REPEAL OF SECTION Pub. L. 92–603, title III, § 303(a), (b), Oct. 30, 1972, 86 Stat. 1484, provided that this section is repealed effective Jan. 1, 1974, except with re- spect to Puerto Rico, Guam, and the Virgin Is- lands. Editorial Notes AMENDMENTS 1981—Pub. L. 97–35 struck out ‘‘and of encouraging each State, as far as practicable under such conditions, to furnish rehabilitation and other services to help such individuals attain or retain capability for self-sup- port and self-care’’ after ‘‘who are blind’’. 1962—Pub. L. 87–543 inserted ‘‘to furnish rehabilita- tion and other services’’ before ‘‘to help such individ- uals’’ and ‘‘or retain capability for’’ after ‘‘attain’’. 1956—Act Aug. 1, 1956, restated purpose to include as- sistance to individuals to attain self-support or self- care. 1950—Act Aug. 28, 1950, substituted ‘‘Federal Security Administrator’’ for ‘‘Social Security Board’’. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. § 1202. State plans for aid to blind (a) A State plan for aid to the blind must (1) except to the extent permitted by the Secretary with respect to services, provide that it shall be in effect in all political subdivisions of the State, and, if administered by them, be manda- tory upon them; (2) provide for financial partici- pation by the State; (3) either provide for the es- tablishment or designation of a single State agency to administer the plan, or provide for the establishment or designation of a single State agency to supervise the administration of the plan; (4) provide (A) for granting an opportunity for a fair hearing before the State agency to any individual whose claim for aid to the blind is de- nied or is not acted upon with reasonable promptness, and (B) that if the State plan is ad- ministered in each of the political subdivisions of the State by a local agency and such local agency provides a hearing at which evidence may be presented prior to a hearing before the State agency, such local agency may put into ef- fect immediately upon issuance its decision upon the matter considered at such hearing; (5) provide (A) such methods of administration (in- cluding after January 1, 1940, methods relating to the establishment and maintenance of per- sonnel standards on a merit basis, except that the Secretary shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in ac- cordance with such methods) as are found by the Secretary to be necessary for the proper and ef- ficient operation of the plan, and (B) for the training and effective use of paid subprofes- sional staff, with particular emphasis on the full-time or part-time employment of recipients and other persons of low-income, as community service aides, in the administration of the plan and for the use of nonpaid or partially paid vol- unteers in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees estab- lished by the State agency; (6) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provisions as the Secretary may from time to time find necessary to assure the correctness and verification of such reports; and 1 (7) provide that no aid will be furnished any individual under the plan with respect to any period with respect to which he is receiving old-age assistance under the State plan ap-