United States Code

determined under sections 703 and 704 of this title), equal to the excess (if any) of—

(A) the amount of the allotment of such State (as determined under sections 703 and 704 of this title) for the fiscal year ending June 30, 1973, plus the amounts of any grants to such States under sections 708, 709, and 710 of this title, over

(B) the amount of the allotment of such State (as determined under sections 703 and 704 of this title) for such fiscal year which commences after June 30, 1973.

(2) No State shall receive an allotment under this section for any fiscal year, unless such State (in the administration of its State plan, approved under section 705 of this title) has in effect arrangements which the Secretary finds will provide for the continuation of appropriate services to population groups previously receiving services from funds made available (for the fiscal year ending June 30, 1974) to such State pursuant to sections 708, 709, and 710 of this title.

(b) Authorization of appropriations; limitation; reduction of allotments.

(1) (A) There are (subject to subparagraph (B)) hereby authorized to be appropriated for each fiscal year (commencing with the fiscal year ending June 30, 1975) such amounts as may be necessary to enable the Secretary to make the allotments authorized under subsection (a) of this section.

(B) Nothing contained in subparagraph (A) shall be construed to authorize, for any fiscal year, the appropriation under this subsection of any amount which is in excess of the amount by which

(i) the amount authorized to be appropriated under section 701 of this title for such year exceeds

(ii) the total amounts appropriated pursuant to section 701 of this title for such year. (2) If, for any fiscal years, the total amount appropriated pursuant to paragraph (1) is less than the total amount allotted to all States under subsection (a) of this section, then the amount of the allotment of each State (as determined under subsection (a) of this section) shall be reduced to an amount which bears the same ratio to the total amount appropriated pursuant to paragraph (1) for such fiscal year as the amount of the allotment of such State (as determined under subsection (a) of this section) bears to the total amount allotted to all States under subsection (a) of this section for such fiscal year. (Aug. 14, 1935, ch. 531, title V, § 516, as added July 1, 1973, Pub. L. 93-53, § 4(b), 87 Stat. 136.)

SUPPLEMENTAL ALLOTMENTS FOR FISCAL YEAR ENDING JUNE 30, 1974; AMOUNT; AUTHORIZATION OF APPROPRIATIONS; LIMITATION; REDUCTION OF ALLOTMENTS Section 4 (c) of Pub. L. 93-53 provided that: "(1) In the case of any State, if for the fiscal year ending June 30, 1974, the sum of

"(A) the amount of the allotment which such State would have received under section 503 of the Social Security Act [section 703 of this title] for such year (if subsection (a) of this section [amending sections 702 (1), (2), 705(a) (8)–(10), 708(b), 709 (b), and 710 (b) of this title] had not been enacted), plus

"(B) the amount of the allotment which such State would have received under section 504 of such Act

[section 704 of this title] for such year (if subsection (a) of this section [amending sections 702 (1), (2), 705(a) (8)-(10), 708(b), 709 (b), and 710 (b) of this title] had not been enacted),

is in excess of the sum of

"(C) the aggregate of the allotments which such State received (for the fiscal year ending June 30, 1973) under such sections 503 and 504 [sections 703 and 704 of this title], plus

"(D) the aggregate of the grants received (for the fiscal year ending June 30, 1973) under sections 508, 509, and 510 of such Act [sections 708, 709, and 710 of this title],

then, for the fiscal year ending June 30, 1974, there shall be added to the allotments of such State, under sections 503 and 504 of such Act [sections 703 and 704 of this title], in such proportion to each such allotment as the State shall specify, an amount equal to such excess.

"(2) (A) There are (subject to subparagraph (B) hereby authorized to be appropriated, for the fiscal year ending June 30, 1974, such amounts as may be necessary to make the increase in allotments provided for in paragraph (1). "(B) Nothing contained in subparagraph (A) shall be construed to authorize, for the fiscal year ending June 30, 1974, the appropriation under this paragraph of any amount which is in excess of the amount by which

"(1) the amount authorized to be appropriated under section 501 [section 701 of this title] of such year, exceeds

"(ii) the total amounts appropriated pursuant to section 501 [section 701 of this title] for such year. "(3) If, for the fiscal year ending June 30, 1974, the amount appropriated pursuant to the preceding provisions of this subsection is less than the total of the amounts authorized to be added to the allotments of States (as determined under paragraph (1)), then the amount to be added to the allotment of each State shall be reduced to an amount which bears the same ratio to the amount so appropriated for such year as the amount to be added to the allotment of such State (as determined under paragraph (1)) bears to the total of the amounts to be added to the allotments of all States (as determined under paragraph (1)).”

SUBCHAPTER VI.-GRANTS TO STATES FOR SERVICES TO THE AGED, BLIND, OR DISABLED [NEW]

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 1315, 1316 of this title.

§ 801. Statement of purpose; authorization of appropriations.

For the purpose of encouraging each State, as far as practicable under the conditions in such State, to furnish rehabilitation and other services to help needy individuals who are 65 years of age or over, are blind, or are disabled to attain or retain capability for self-support or self-care, there is hereby authorized to be appropriated for each fiscal year, subject to section 1320b of this title, 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, Education, and Welfare, State plans for services to the aged, blind, or disabled. (Aug. 14, 1935, ch. 531, title VI, § 601, as added Oct. 30, 1972, Pub. L. 92-603, title III, § 302, 86 Stat. 1478.)

EFFECTIVE DATE

Section 302 of Pub. L. 92-603 provided in part that this section is to take effect Jan. 1, 1974.

SIMILAR PROVISIONS

Provisions similar to those comprising this section were contained in section 1381 of this title prior to the gen

eral revision of this subchapter by Pub. L. 92-603, Oct. 30, 1972, 86 Stat. 1478, eff. Jan. 1, 1974.

PUERTO RICO, GUAM AND THE VIRGIN ISLANDS Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303(b) of Pub. L. 92-603, set out as a note under section 301 of this title.

§ 802. State plans for services to the aged, blind, or disabled; contents; approval by Secretary.

(a) A State plan for services to the aged, blind, or disabled, must

(1) except to the extent permitted by the Secretary, 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) such methods of administration (including 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 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 under the plan and in assisting any advisory committees established by the State agency;

(5) 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;

(6) 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;

(7) provide, if the plan includes services 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;

(8) provide a description of the services which the State agency makes available under the plan 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;

(9) provide that, in determining whether an individual is blind, there shall be an examination by a physician skilled in the diseases of the eye or by an optometrist, whichever the individual may select;

(10) include reasonable standards, consistent with the objectives of this subchapter, for determining eligibility for and the extent of services under the plan;

(11) if the State plan includes services to individuals 65 years of age or older who are patients in institutions for mental diseases

(A) provide for having in effect such agreements or other arrangements with State authorities concerned with mental diseases, and where appropriate, with such institutions, as may be necessary for carrying out the State plan, including arrangements for joint planning and for development of alternate methods of care, arrangements providing assurance of immediate readmittance to institutions where needed for individuals under alternate plans of care, and arrangements providing for access to patients and facilities, for furnishing information, and for making reports;

(B) provide for an individual plan for each such patient to assure that the institutional care provided to him is in his best interests, including, to that end, assurances that there will be initial and periodic review of his medical and other needs, that he will be given appropriate medical treatment within the institution, and that there will be a periodic determination of his need for continued treatment in the institution; and

(C) provide for the development of alternate plans of care, making maximum utilization of available resources, for persons receiving services under the State plan who are 65 years of age or older and who would otherwise need care in such institutions; for services referred to in section 803 (a) (1) (A) (i) and (ii) of this title which are appropriate for such persons receiving services and for such patients; and for methods of administration necessary to assure that the responsibilities of the State agency under the State plan with respect to such persons receiving services and such patients will be effectively carried out;

(12) if the State plan includes services to individuals 65 years of age or older who are patients in public institutions for mental diseases, show that the State is making satisfactory progress toward developing and implementing a comprehensive mental health program, including provision for utilization of community mental health centers, nursing homes, and other alternatives to care in public institutions for mental diseases. Notwithstanding paragraph (3), if on October 1, 1972, the State agency which administered or supervised the administration of the plan of such State approved under subchapter X of this chapter (or so much of the plan of such State approved under subchapter XVI of this chapter as applies to the blind) was different from the State agency which administered or supervised the administration of the

plan of such State approved under subchapter I of this chapter and the State agency which administered or supervised the administration of the plan of such State approved under subchapter XIV of this chapter (or so much of the plan of such State approved under subchapter XVI of this chapter as applies to the aged and disabled), the State agency which administered or supervised the administration of such plan approved under subchapter X of this chapter (or so much of the plan of such State approved under subchapter XVI of this chapter as applies to the blind) may be designated to administer or supervise the administration of the portion of the State plan for services to the aged, blind, or disabled which relates to blind individuals and a separate State agency may be established or designated to administer or supervise the administration of the rest of such plan and in such case the part of the plan which each such agency administers, or the administration of which each such agency supervises, shall be regarded as a separate plan for purposes of this subchapter.

(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 services under the plan

(1) an age requirement of more than sixty-five years; or

(2) any residence requirement which excludes any individual who resides in the State; or

(3) any citizenship requirement which excludes any citizen of the United States.

(Aug. 14, 1935, ch. 531, title VI, § 602, as added Oct. 30, 1972, Pub. L. 92-603, title III, § 302, 86 Stat. 1479.)

EFFECTIVE DATE

Section 302 of Pub. L. 92-603 provided in part that this section is to take effect Jan. 1, 1974.

SIMILAR PROVISIONS

Provisions similar to those comprising this section were contained in section 1382 of this title prior to the general revision of this subchapter by Pub. L. 92-603, Oct. 30, 1972, 86 Stat. 1478, eff. Jan. 1, 1974.

PUERTO RICO, GUAM, AND THE VIRGIN ISLANDS Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303 (b) of Pub. L. 92-603, set out as a note under section 301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in sections 803, 804, 1315 of this title.

§ 803. Payments to States.

(a) Quarterly expenditures as basis for determination of amount.

From the sums appropriated therefor, the Secretary shall, subject to section 1320b of this title, pay to each State which has a plan approved under this subchapter, for each quarter

(1) in the case of any State whose State plan approved under section 802 of this title meets the requirements of subsection (c) (1) of this section, an amount equal to the sum of the following proportions of the total amounts expended during such quarter as found necessary by the Secretary of Health, Education, and Welfare for the proper and efficient administration of the State plan

(A) 75 per centum of so much of such expenditures as are for

(i) services which are prescribed pursuant to subsection (c) (1) of this section and are provided (in accordance with the next sentence) to applicants for or recipients of supplementary security income benefits under subchapter XVI of this chapter to help them attain or retain capability for self-support or self-care, or

(ii) other services, specified by the Secretary as likely to prevent or reduce dependency, so provided to such applicants or recipients, or (iii) any of the services prescribed pursuant to subsection (c) (1) of this section, and of the services specified as provided in clause (ii), which the Secretary may specify as appropriate for individuals who, within such period or periods as the Secretary may prescribe, have been or are likely to become applicants for or recipients of supplementary security income benefits under subchapter XVI of this chapter, if such services are requested by such individuals and are provided to such individuals in accordance with the next sentence, or

(iv) the training of personnel employed or preparing for employment by the State agency or by the local agency administering the plan in the political subdivision; plus

(B) one-half of so much of such expenditures (not included under subparagraph (A)) as are for services provided (in accordance with the next sentence) to applicants for or recipients of supplementary security income benefits under subchapter XVI of this chapter, and to individuals requesting such services who (within such period or periods as the Secretary may prescribe) have been or are likely to become applicants for or recipients of such benefits; plus

The services referred to in subparagraphs (A) and (B) shall, except to the extent specified by the Secretary, include only

(D) services provided by the staff of the State agency, or of the local agency administering the State plan in the political subdivision: Provided, That no funds authorized under this subchapter shall be available for services defined as vocational rehabilitation services under the Vocational Rehabilitation Act (i) which are available to individuals in need of them under programs for their rehabilitation carried on under a State plan approved under such Act, or (ii) which the State agency or agencies administering or supervising the administration of the State plan approved under such Act are able and willing to provide if reimbursed for the cost thereof pursuant to agreement under subparagraph (E), if provided by such staff, and

(E) under conditions which shall be prescribed by the Secretary, services which in the judgment of the State agency cannot be as economically or as effectively provided by the staff of such State or local agency and are not other

wise reasonably available to individuals in need of them, and which are provided, pursuant to agreement with the State agency, by the State health authority or the State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services approved under the Vocational Rehabilitation Act of by any other State agency which the Secretary may determine to be appropriate (whether provided by its staff or by contract with public (local) or nonprofit private agencies);

except that services described in clause (ii) of subparagraph (D) hereof may be provided only pursuant to agreement with such State agency or agencies administering or supervising the administration of the State plan for vocational rehabilitation services so approved. The portion of the amount expended for administration of the State plan to which subparagraph (A) applies and the portion thereof to which subparagraphs (B) and (C) apply shall be determined in accordance with such methods and procedures as may be permitted by the Secretary; and

(2) in the case of any State whose State plan approved under section 802 of this title does not meet the requirements of subsection (c) (1) of this section, an amount equal to one-half of the total of the sums expended during such quarter as found necessary by the Secretary for the proper and efficient administration of the State plan, including services referred to in paragraph (1) and provided in accordance with the provisions of such paragraph.

(b) Estimation of amounts by Secretary; payment of amounts in installments; reduction or increases in amounts; appropriations available for payments to be deemed obligated subsequent to estimation. (1) Prior to the beginning of each quarter, the Secretary shall estimate the amount to which a State will be entitled under subsection (a) of this section for such quarter, such estimates 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, and (B) such other investigation as the Secretary may find necessary.

(2) The Secretary shall then pay, in such installments as he may determine, to the State the amount so estimated, reduced or increased to the extent of any overpayment or underpayment which the Secretary determines was made under this section to such State for any prior quarter and with respect to which adjustment has not already been made under this subsection.

(3) Upon the making of any estimate by the Secretary under this subsection, any appropriations available for payments under this section shall be deemed obligated.

(1) In order for a State to qualify for payments under paragraph (1) of subsection (a) of this section, its State plan approved under section 802 of this title must provide that the State agency shall make available to applicants for and recipients of supplementary security income benefits under subchapter XVI of this chapter at least those services to help them attain or retain capability for selfsupport or self-care which are prescribed by the Secretary.

(2) In the case of any State whose State plan included a provision meeting the requirements of paragraph (1), but with respect to which the Secretary finds, after reasonable notice and opportunity for hearing to the State agency, administering or supervising the administration of such plan, that—

(A) the provision has been so changed that it no longer complies with the requirements of paragraph (1), or

(B) in the administration of the plan there is a failure to comply substantially with such provision, the Secretary shall notify such State agency that further payments will not be made to the State under paragraph (1) of subsection (a) of this section until he is satisfied that there will no longer be any such failure to comply. Until the Secretary is so satisfied further payments with respect to the administration of such State plan shall not be made under paragraph (1) of subsection (a) of this section but shall instead be made, subject to the other provisions of this subchapter, under paragraph (2) of such subsection.

(d) Quarterly expenditures to exceed average of total expenditures for each quarter of fiscal year ending June 30, 1965; basis for determination of expenditures.

Notwithstanding the preceding provisions of this section, the amount determined under such provisions for any State for any quarter which is attributable to expenditures with respect to individuals 65 years of age or older who are patients in institutions for mental diseases shall be paid only to the extent that the State makes a showing satisfactory to the Secretary that total expenditures in the State from Federal, State, and local sources for mental health services (including payments to or in behalf of individuals with mental health problems) under State and local public health and public welfare programs for such quarter exceed the average of the total expenditures in the State from such sources for such services under such programs for each quarter of the fiscal year ending June 30, 1965. For purposes of this subsection, expenditures for such services for each quarter in the fiscal year ending June 30, 1965, in the case of any State shall be determined on the basis of the latest data, satisfactory to the Secretary, available to him at the time of the first determination by him under his subsection for such State; and expenditures for such services for any quarter beginning after December 31, 1965, in the case of any State shall be determined on the basis of the latest data, satisfactory to the Secretary, available to him at the time of the determination under this subsection for such State for such quarter; and determinations so made shall be conclusive for purposes of this

20-347 0-74-vol. 2-39

subsection. (Aug. 14, 1935, ch. 531, title VI, § 603, as added Oct. 30, 1972, Pub. L. 92-603, title III, § 302. 86 Stat. 1481.)

REFERENCES IN TEXT

The Vocational Rehabilitation Act, referred to in subsec. (a), which was classified to section 31 et seq. of title 29, was repealed by section 500 (a) of the Rehabilitation Act of 1973, Pub. L. 93-112, Sept. 26, 1973, 87 Stat. 357. Such section 500, classified to section 790 of title 29, provides in part that references to the Vocational Rehabilitation Act in any other provision of law shall be deemed to be references to the Rehabilitation Act of 1973, section 701 et seq. of title 29.

EFFECTIVE DATE

Section 302 of Pub. L. 92-603 provided in part that this section is to take effect Jan. 1, 1974.

SIMILAR PROVISIONS

Provisions similar to those comprising this section were contained in section 1383 of this title prior to the general revision of this subchapter by Pub. L. 92-603, Oct. 30, 1972, 86 Stat. 1478, eff. Jan. 1, 1974.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 802, 805, 1315, 1320b, 1396a of this title.

§ 804. Operation of State plans.

If the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the administration of the State plan approved under this subchapter, finds—

(1) that the plan no longer complies with the provisions of section 802 of this title; or

(2) that in the administration of the plan there is a failure to comply substantially with any such provision;

the Secretary shall notify such State agency that further payments will not be made to the State (or, in his discretion, that payments will be limited to categories under or parts of the State plan not affected by such failure), until the Secretary is satisfied that there will no longer be any such failure to comply. Until he is so satisfied he shall make no further payments to such State (or shall limit payments to categories under or parts of the State plan not affected by such failure). (Aug. 14, 1935, ch. 531, title VI, § 604, as added Oct. 30, 1972, Pub. L. 92-603, title III, § 302, 86 Stat. 1484.)

EFFECTIVE DATE

Section 302 of Pub. L. 92-603 provided in part that this section is to take effect Jan. 1, 1974.

SIMILAR PROVISIONS

Provisions similar to those comprising this section were contained in section 1384 of this title prior to the general revision of this subchapter by Pub. L. 92-603, Oct. 30, 1972, 86 Stat. 1478, eff. Jan. 1, 1974.

PUERTO RICO, GUAM, AND THE VIRGIN ISLANDS Enactment of provisions of Pub. L. 92-603, eff. Jan. 1, 1974, not applicable to Puerto Rico, Guam, and the Virgin Islands, see section 303(b) of Pub. L. 92-603, set out as a note under section 301 of this title.

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 1316 of this title.

§ 805. Definition.

For purposes of this subchapter, the term "services to the aged, blind, or disabled" means

services (including but not limited to the services referred to in section 803(a)(1) (A) and (B) of this title) provided for or on behalf of needy individuals who are 65 years of age or older or are blind, or are disabled. (Aug. 14, 1935, ch. 531, title VI, § 605, as added Oct. 30, 1972, Pub. L. 92-603, title III, § 302, 86 Stat. 1484.)

EFFECTIVE DATE Section 302 of Pub. L. 92-603 provided in part that this section is to take effect Jan. 1, 1974.

SIMILAR PROVISIONS

Provisions similar to those comprising this section were contained in section 1385 of this title prior to the general revision of this subchapter by Pub. L. 92-603, Oct. 30, 1972, 86 Stat. 1478, eff. Jan. 1, 1974.

SUBCHAPTER VII.-ADMINISTRATION

§ 905a. Same; additional use.

The Working Capital Fund of the Department of Health, Education, and Welfare shall on and after August 10, 1971, be available for expenses necessary for common personnel support services in the Washington area. (Pub. L. 92-80, title II, § 200, Aug. 10, 1971, 85 Stat. 297.)

CODIFICATION

Section was enacted as a part of section 200 of Department of Health, Education, and Welfare Appropriation Act, 1972, and not as a part of the Social Security Act which comprises this chapter.

SUBCHAPTER IX.-EMPLOYMENT SECURITY

ADMINISTRATIVE FINANCING

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in section 1396d of this title.

§ 1103. Amounts transferred to State accounts.

(b) Transfer of funds where State is ineligible.

(3) The amount which, but for this paragraph, would be transferred to the account of a State under subsection (a) or paragraph (1) of this subsection shall (after applying paragraph (2) of this subsection) be reduced (but not below zero) by the balance of that portion of the advances made under section 204 (b) of the Emergency Unemployment Compensation Act of 1971 which was used for payments to such State under section 203 of such Act. An amount equal to the sum by which such amount is reduced shall be transferred to the general fund of the Treasury. Any amount transferred as a repayment under this paragraph shall be credited against, and shall operate to reduce, any balance repayable under this paragraph by the State to which (but for this paragraph) such amount would have been payable. No reduction shall be made under this subsection 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.

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