§ 1316. Administrative and judicial review of public assistance determinations.

(a) (1) Whenever a State plan is submitted to the Secretary by a State for approval under subchapter I, X, XIV, XVI, or XIX of this chapter, or part A of subchapter IV of this chapter, he shall, not later than 90 days after the date the plan is submitted to him, make a determination as to whether it conforms to the requirements for approval under such subchapter. The 90-day period provided herein may be extended by written agreement of the Secretary and the affected State.

(2) Any State dissatisfied with a determination of the Secretary under paragraph (1) of this subsection with respect to any plan may, within 60 days after it has been notified of such determination, file petition with the Secretary for reconsideration of the issue of whether such plan conforms to the requirements for approval under such subchapter. Within 30 days after receipt of such a petition, the Secretary shall notify the State of the time and place at which a hearing will be held for the purpose of reconsidering such issue. Such hearing shall be held not less than 20 days nor more than 60 days after the date notice of such hearing is furnished to such State, unless the Secretary and such State agree in writing to holding the hearing at another time. The Secretary shall affirm, modify, or reverse his original determination within 60 days of the conclusion of the hearing.

(3) Any State which is dissatisfied with a final determination made by the Secretary on such a reconsideration or a final determination of the Secretary under sections 304, 604, 1204, 1354, 1384, or 1396c of this title may, within 60 days after it has been notified of such determination, file with the United States court of appeals for the circuit in which such State is located a petition for review of such determination. A copy of the petition shall be forthwith transmitted by the clerk of the court to the Secretary. The Secretary thereupon shall file in the court the record of the proceedings on which he based his determination as provided in section 2112 of Title 28.

(4) The findings of fact by the Secretary, if supported by substantial evidence, shall be conclusive; but the court, for good cause shown, may remand the case to the Secretary to take further evidence, and the Secretary may thereupon make new or modified findings of fact and may modify his previous action, and shall certify to the court the transcript and record of the further proceedings. Such new or modified findings of fact shall likewise be conclusive if supported by substantial evidence.

(5) The court shall have jurisdiction to affirm the action of the Secretary or to set it aside, in whole or in part. The judgment of the court shall be subject to review by the Supreme Court of the United States upon certiorari or certification as provided in section 1254 of Title 28.

(b) For the purposes of subsection (a) of this section, any amendment of a State plan approved under subchapter I, X, XIV, XVI, or XIX of this chapter, or part A of subchapter IV of this chapter, may, at the option of the State, be treated as the submission of a new State plan.

(c) Action pursuant to an initial determination of the Secretary described in subsection (a) of this section shall not be stayed pending reconsideration, but in the event that the Secretary subsequently determines that his initial determination was incorrect he shall certify restitution forthwith in a lump sum of any funds incorrectly withheld or otherwise denied.

(d) Whenever the Secretary determines that any item or class of items on account of which Federal financial participation is claimed under subchapter I, X, XIV, XVI, or XIX of this chapter, or part A of subchapter IV of this chapter, shall be disallowed for such participation, the State shall be entitled to and upon request shall receive a reconsideration of the disallowance. (Aug. 14, 1935, ch. 531, title XI, § 1116, as added July 30, 1965, Pub. L. 89-97, title IV, § 404 (a), 79 Stat. 419, and amended Jan. 2, 1968, Pub. L. 90-248, title II, § 241(c) (5), 81 Stat. 917.)

AMENDMENTS

1968 Subsec. (a)(1). Pub. L. 90-248, § 241(c) (5) (A), deleted "IV," following "I," and inserted "or part A of subchapter IV of this chapter," after "XIX of this chapter,".

Subsecs. (b), (d). Pub. L. 90-248, § 241(c) (5) (B), deleted "IV," following "I," and inserted ", or part A of subchapter IV of this chapter," after "XIX of this chapter".

EFFECTIVE DATE

Section 404(b) of Pub. L. 89-97 provided that: “The amendment made by subsection (a) [adding this section] shall apply only with respect to determinations made after December 31, 1965."

§ 1317. Repealed. Pub. L. 90-248, title II, § 221(d), Jan. 2, 1968, 81 Stat. 900.

Section, act Aug. 14, 1935, ch. 531, title XI, § 1117, as added July 30, 1965, Pub. L. 89-97, title IV, § 405, 79 Stat. 420, and amended Jan. 2, 1968, Pub. L. 90-248, title II, §§ 221(a)(c), 241(c)(6), 81 Stat. 899, 917, related to maintenance of State public assistance expenditures.

EFFECTIVE DATE OF REPEAL

Section 221 (d) of Pub. L. 90-248 repealed provisions effective July 1, 1968.

§ 1318. Alternative Federal payment with respect to public assistance expenditures.

In the case of any State which has in effect a plan approved under subchapter XIX of this chapter for any calendar quarter, the total of the payments to which such State is entitled for such quarter, and for each succeeding quarter in the same fiscal year (which for purposes of this section means the 4 calendar quarters ending with June 30), under paragraphs (1) and (2) of sections 303 (a), 603(a), 1203 (a), 1353 (a), and 1383(a) of this title shall, at the option of the State, be determined by application of the Federal medical assistance percentage (as defined in section 1396d of this title), instead of the percentages provided under each such section, to the expenditures under its State plans approved under subchapters I, X, XIV, and XVI of this chapter, and part A of subchapter IV of this chapter, which would be included in determining the amounts of the Federal payments to which such State is entitled under such sections, but without regard to any maximum on the dollar amounts per recipient which may be counted under such sections. (Aug. 14, 1935, ch. 531, title XI, § 1118, as added July 30, 1965, Pub. L. 89-97, title IV, § 411, 79 Stat. 423, and amended Jan. 2, 1968, Pub. L. 90-248, title II, § 241 (c) (7), 81 Stat. 917.)

AMENDMENTS

1968-Pub. L. 90-248 deleted "IV," after "I," and inserted "and part A of subchapter IV of this chapter," after "XVI of this chapter."

§ 1319. Federal participation in payments for repairs to home owned by recipient of aid or assistance. In the case of an expenditure for repairing the home owned by an individual who is receiving aid or assistance, other than medical assistance to the aged, under a State plan approved under subchapter I, X, XIV, or XVI, or part A of subchapter IV of this chapter if

(1) the State agency or local agency administering the plan approved under such subchapter has made a finding (prior to making such expenditure) that (A) such home is so defective that continued occupancy is unwarranted, (B) unless repairs are made to such home, rental quarters will be necessary for such individual, and (C) the cost of rental quarters to take care of the needs of such individual (including his spouse living with him in such home and any other individual whose needs were taken into account in determining the need of such individual) would exceed (over such time as the Secretary may specify) the cost of repairs needed to make such home habitable together with other costs attributable to continued occupancy of such home, and

(2) no such expenditures were made for repairing such home pursuant to any prior finding under this section,

the amount paid to any such State for any quarter under section 303(a), 603 (a), 1203 (a), 1353(a), or 1383 (a) of this title shall be increased by 50 per centum of such expenditures, except that the excess above $500 expended with respect to any one home shall not be included in determining such expenditures. (Aug. 14, 1935, ch. 531, title XI, § 1119, as added Jan. 2, 1968, Pub. L. 90-248, title II, § 209(a), 81 Stat. 894.)

EFFECTIVE DATE

Section 209 (b) of Pub. L. 90-248 provided that: "The amendment made by subsection (a) [enacting this section] shall apply with respect to expenditures made after December 31, 1967."

§ 1320. Approval of certain projects.

(a) No payment shall be made under this chapter with respect to any experimental, pilot, demonstration, or other project all or any part of which is wholly financed with Federal funds made available under this chapter (without any State, local, or other non-Federal financial participation) unless such project shall have been personally approved by the Secretary or Under Secretary of Health, Education, and Welfare.

(b) As soon as possible after the approval of any project under subsection (a) of this section, the Secretary shall submit to the Congress a description of such project including a statement of its purpose, probable cost, and expected duration. (Aug. 14, 1935, ch. 531, title XI, § 1120, as added Jan. 2, 1968, Pub. L. 90-248. title II. § 249, 81 Stat. 919.)

§ 1320a. Assistance in the form of institutional services in intermediate care facilities.

(a) Modification of certain plans to include such benefit.

Any State which has in effect a plan for old-age assistance, approved under subchapter I of this chapter, a plan for aid to the blind, approved under subchapter X of this chapter, a plan for aid to the permanently and totally disabled, approved under subchapter XIV of this chapter, or a plan for aid to the aged, blind, or disabled, approved under subchapter XVI of this chapter, may, on or after January 1, 1968, modify such plan to include therein benefits in the form of institutional services in intermediate care facilities for indivduals who are entitled (or would, if not receiving institutional services in intermediate care facilities, be entitled) to assistance, under such plan, in the form of money payments.

(b) Eligible individuals.

Any modification pursuant to subsection (a) of this section shall provide that benefits in the form of institutional services in intermediate care facilities will be provided only to individuals who

(1) are entitled (or would, if not receiving institutional services in intermediate care facilities, be entitled) to receive aid or assistance, under the State plan, in the form of money payments;

(2) because of their physical or mental condition (or both), require living accommodations and care which, as a practical matter, can be made available to them only through institutional facilities; and

(3) do not have such an illness, disease, injury, or other condition as to require the degree of care and treatment which a hospital or skilled nursing home (as that term is employed in subchapter XIX of this chapter) is designed to provide. (c) Payments; Federal medical assistance percentage. Payments to any State which modifies its approved State plan (referred to in subsection (a) of this section) to provide, to the recipients of aid or assistance thereunder, benefits in the form of institutional services in intermediate care facilities shall be made in the same manner and from the same appropriation as payments made with respect to expenditures under the State plan so modified, except that, with respect to expenditures made by the State in paying the cost of benefits in the form of institutional services in intermediate care facilities for any quarter, the Secretary shall, if the State so elects, pay to each State an amount equal to the Federal medical assistance percentage (as defined in section 1396d(b) of this title).

(d) Conditions, limitations, rights, and obligations applicable to modified plans.

Except when inconsistent with the purposes of this section or contrary to any provision of this section, any modification, pursuant to this section, of an approved State plan shall be subject to the same conditions, limitations, rights, and obligations as obtain with respect to such approved State plan. (e) "Intermediate care facility" defined.

For purposes of this section, the term "intermediate care facility" means an institution or distinct part thereof which (1) is licensed, under

State law, to provide the patients or residents thereof, on a regular basis, the range or level of care and services which is suitable to the needs of individuals described in subsection (b) (2) and (3) of this section, but which does not provide the degree of care required to be provided by a skilled nursing home furnishing services under a State plan approved under subchapter XIX of this chapter, and (2) meets such standards of safety and sanitation as are applicable to nursing homes under State law; except that in no case shall such term include an institution which does not regularly provide a level of care and service beyond room and board. The term "intermediate care facility" also includes a Christian Science sanatorium operated, or listed and certified, by the First Church of Christ, Scientist, Boston, Massachusetts, but only with respect to institutional services deemed appropriate by the State. (Aug. 14, 1935, ch. 531, title XI, § 1121, as added Jan. 2, 1968, Pub. L. 90-248, title II, § 250 (a), 81 Stat. 920.)

SUBCHAPTER XII.-ADVANCES TO STATE
UNEMPLOYMENT FUNDS

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in title 26 section 3302. § 1321. Eligibility requirements for transfer of funds; reimbursement by State; application; certification; limitation.

(a) (1) Advances shall be made to the States from the Federal unemployment account in the Unemployment Trust Fund as provided in this section, and shall be repayable, without interest, in the manner provided in sections 1101 (d) (1), 1103(b) (2), and 1322 of this title. An advance to a State for the payment of compensation in any month may be made if

(A) the Governor of the State applies therefor no earlier than the first day of the preceding month, and

(B) he furnishes to the Secretary of Labor his estimate of the amount of an advance which will be required by the State for the payment of compensation in such month.

(2) In the case of any application for an advance under this section to any State for any month, the Secretary of Labor shall

(A) determine the amount (if any) which he finds will be required by such State for the payment of compensation in such month, and

(B) certify to the Secretary of the Treasury the amount (not greater than the amount estimated by the Governor of the State) determined under subparagraph (A).

The aggregate of the amounts certified by the Secretary of Labor with respect to any month shall not exceed the amount which the Secretary of the Treasury reports to the Secretary of Labor is available in the Federal unemployment account for advances with respect to such month.

(3) For purposes of this subsection

(A) an application for an advance shall be made on such forms, and shall contain such information and data (fiscal and otherwise) concerning the operation and administration of the

State unemployment compensation law, as the Secretary of Labor deems necessary or relevant to the performance of his duties under this subchapter,

(B) the amount required by any State for the payment of compensation in any month shall be determined with due allowance for contingencies and taking into account all other amounts that will be available in the State's unemployment fund for the payment of compensation in such month, and

(C) the term "compensation” means cash benefits payable to individuals with respect to their unemployment, exclusive of expenses of adminis

tration.

(b) The Secretary of the Treasury shall, prior to audit or settlement by the General Accounting Office, transfer from the Federal unemployment account to the account of the State in the Unemployment Trust Fund the amount certified under subsection (a) of this section by the Secretary of Labor (but not exceeding that portion of the balance in the Federal unemployment account at the time of the transfer which is not restricted as to use pursuant to section 1103(b) (1) of this title. (Aug. 14, 1935, ch. 531, title XII, § 1201, as added Oct. 3, 1944, ch. 480, title IV, § 402, 58 Stat. 790, and amended 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; Aug. 6, 1947, ch. 510, § 5(b), 61 Stat. 794; 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F.R. 5225, 63 Stat. 1065; Aug. 28, 1950, ch. 809, title IV, § 404(a), 64 Stat. 560; Aug. 5, 1954, ch. 657, § 3, 68 Stat. 671; Sept. 13, 1960, Pub. L. 86-778, title V, § 522 (a), 74 Stat. 978.)

AMENDMENTS

1960 Subsec. (a). Pub. L. 86-778 substituted provisions relating to advances on a monthly basis upon application of the Governor and the furnishing of an estimate of amount of requisite advance and determination and certification by the Secretary of Labor of the requisite amount limited to a sum which is available in the Federal unemployment account for advances for the month for former provisions relating to advances on a quarterly basis upon application of the Governor for a specified amount not to exceed the highest total compensation paid out under the unemployment compensation law of the State during any one of the four calendar quarters preceding the quarter in which the application is made, where the balance in the unemployment fund of the State in the Unemployment Trust Fund at the close of Sept. 30, 1953, or the last day in any ensuing calendar quarter is less than the total compensation paid out under the unemployment compensation law of the State during the twelve-month perlod at the close of such day; incorporated former provisions of subsec. (b), relating to repayment of advances, in par. (1), adding thereto provision for repayment under section 1103(b)(2) of this title, and provisions formerly designated as clauses (A) and (B) in par. (3) (A) and (C); and added par. (3) (B). Subsec. (b). Pub. L. 86-778 eliminated provision for repayment of advances which is now incorporated in subsec. (a) (1) in the reference to repayment under sections 1101(d)(1) and 1322 of this title.

1954-Act Aug. 5, 1954, amended section generally to provide that: (1) the first condition of eligibility for an advance is that the balance in the State unemployment fund at the close of a calendar quarter be less than the total of cash payments made by the State to individuals during the 12-month period which ends with such quarter; (2) the Governor of the State must apply for an advance during the quarter following the quarter specified in paragraph (1) of this section; and (3) the total amount certified for any one application may not

exceed the amount paid out by the State for cash benefits in that particular quarter.

1950 Subsec. (a). Act Aug. 28, 1950, substituted "January 1, 1952" for "January 1, 1950".

1947-Subsec. (a). Act Aug. 6, 1947, changed "June 30, 1945" to "June 30, 1947", and "July 1, 1947" to "January 1, 1950".

EFFECTIVE DATE OF 1950 AMENDMENT Section 404 (c) of act Aug. 28, 1950, provided that the amendment of subsec. (a) shall be effective Jan. 1, 1950. TRANSFER OF FUNCTIONS

All functions of all other officers of the Department of Labor and functions of all agencies and employees of such Department were, with the exception of the functions vested by the Administrative Procedure Act (section 551 et seq. and section 701 et seq. of Title 5, Government Organization and Employees) in hearing examiners employed by such Department, transferred to the Secretary of Labor, with power vested in him to authorize their performance or the performance of any of his functions by any of such officers, agencies and employees, by 1950 Reorg. Plan No. 6, §§ 1, 2, 15 F. R. 3174, 64 Stat. 1263, set out in the Appendix to Title 5.

Functions of the Federal Security Administrator with respect to unemployment compensation were transferred to the Secretary of Labor by 1949 Reorg. Plan No. 2, § 1, set out in the Appendix to Title 5.

Section 1 of 1949 Reorg. Plan No. 2 also provides that the functions transferred by this section shall be performed by the Secretary of Labor, or subject to his direction and control, by such officers, agencies, and employees of the Department of Labor, as he shall designate.

"Federal Security Administrator" was substituted for "Social Security Board" by 1946 Reorg. Plan No. 2. See note under section 902 of this title.

TERMINATION DATE

Section 4 of act Aug. 6, 1947, provided: "Section 603 of the War Mobilization and Reconversion Act of 1944 [former section 1651 note of Appendix to Title 50] (terminating the provisions of such Act [former sections 16511678 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 [former sections 1666 and 1667 of Appendix to Title 50] to the Social Security Act [sections 1104 and 1321 of this title]."

APPLICATIONS FOR TRANSFER OF FUNDS UNDER FORMER PROVISIONS OF SECTION 1321(a); LIMITATIONS Section 522 (b) of Pub. L. 86-778 provided that: "(1) No amount shall be transferred on or after the date of the enactment of this Act [Sept. 13, 1960] from the Federal unemployment account to the account of any State in the Unemployment Trust Fund pursuant to any application made under section 1201 (a) of the Social Security Act [subsec. (a) of this section] as in effect before such date; except that, if

"(A) some but not all of an amount certified by the Secretary of Labor to the Secretary of the Treasury for transfer to the account of any State was transferred to such account before such date, and

"(B) the Governor of such State, after the date of the enactment of this Act [Sept. 13, 1960], requests the Secretary of the Treasury to transfer all or any part of the remainder to such account,

the Secretary of the Treasury shall, prior to audit or settlement by the General Accounting Office, transfer from the Federal unemployment account to the account of such State in the Unemployment Trust Fund the amount so requested or (if smaller) the amount available in the Federal unemployment account at the time of the transfer. No such amount shall be transferred under this paragraph after the one-year period beginning on the date of the enactment of this Act [Sept. 13, 1960].

"(2) For purposes of section 3302(c) of the Federal Unemployment Tax Act [section 3302 (c) of Title 26] and titles IX and XII of the Social Security Act [subchapter IX and XII of this chapter], if any amount is transferred pursuant to paragraph (1) to the unemployment account of any State, such amount shall be treated as an advance made before the date of the enactment of this Act [Sept. 13, 1960]."

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ADVANCES TO ALASKA

Act June 1, 1955, c. 118, 69 Stat. 81, authorized the Governor of Alaska to obtain from the Federal Unemployment Fund such advances as the Territory of Alaska might qualify for and as might be necessary to obtain for the payment of unemployment compensation benefits to claimants entitled thereto under the Alaska employment security law and provided for the reimbursement of the general fund of the Territory of Alaska from which advances have been made for the payment of unemployment compensation benefits from advances made through the Governor of Alaska from the Federal Unemployment Fund.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1101, 1104, 1322 of this title.

§ 1322. Repayment by State; certification; transfer. The Governor of any State may at any time request that funds be transferred from the account of such State to the Federal unemployment account in repayment of part or all of that balance of advances, made to such State under section 1321 of this title, specified in the request. The Secretary of Labor shall certify to the Secretary of the Treasury the amount and balance specified in the request; and the Secretary of the Treasury shall promptly transfer such amount in reduction of such balance.

(Aug.

14, 1935, ch. 531, title XII, § 1202, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672, and amended Sept. 13, 1960, Pub. L. 86-778, title V, § 522 (a), 74 Stat. 979.)

AMENDMENTS

1960-Pub. L. 86-778 designated provisions constituting subsec. (a) as entire section, substituted "that balance of advances, made to such State under section 1321 of this title, specified in the request" for "any remaining balance of advances made to such State under section 1321 of this title" and added "in reduction of such balance" and omitted subsecs. (b) and (c) pertaining to appropriations and repayable advances which are now incorporated in sections 1101(d) (1) and 1323 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 1321 of this title.

§ 1323. Repayable advances to Federal Unemployment Account.

There are authorized to be appropriated to the Federal unemployment account, as repayable advances (without interest), such sums as may be necessary to carry out the purposes of this subchapter. Whenever, after the application of sections 1101(f) (3) and 1102(a) of this title with respect to the excess in the employment security administration account as of the close of any fiscal year, there remains any portion of such excess, so much of such remainder as does not exceed the balance of advances made pursuant to this section shall be transferred to the general fund of the Treasury and shall be credited against, and shall operate to reduce, such balance of advances. (Aug. 14, 1935, ch. 531, title XII, § 1203, as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672, and amended Sept. 13, 1960, Pub. L. 86-778, title V, § 522(a), 74 Stat. 979; Aug. 10, 1970, Pub. L. 91-373, title III, § 304 (c), 84 Stat. 716.)

PRIOR PROVISIONS

Provisions similar to those comprising the first sentence of this section were contained in former section 1322(c), act Aug. 14, 1935, ch. 531, title XII, § 1202(c), as added Aug. 5, 1954, ch. 657, § 3, 68 Stat. 672, prior to amendment by Pub. L. 86-778.

§ 1351. Appropriations.

AMENDMENTS 1970-Pub. L. 91-373 inserted reference to section 1102(a) of this title.

1960-Pub. L. 86-778 substituted provisions relating to repayable advances to the Federal unemployment account for former provision defining "Governor" and now incorporated in section 1324 of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 1103, 1104 of this title.

§ 1324. Definition.

When used in this subchapter, the term "Governor" includes the Commissioner of the District of Columbia. (Aug. 14, 1935, ch. 531, title XII, § 1204, as added Sept. 13, 1960, Pub. L. 86-778, title V, § 522 (a), 74 Stat. 979.)

PRIOR PROVISIONS

Provisions similar to those comprising this section were contained in former 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. 86778.

TRANSFER OF FUNCTIONS

The functions of the Board of Commissioners of the District of Columbia, including functions of the President of the Board and all functions of each other member of the Board, including the executive power vested therein, were transferred to the Commissioner of the District of Columbia by section 401 of Reorganization Plan No. 3 of 1967, 32 F.R. 11669, except as provided by other sections of the Reorganization Plan. For provisions establishing the office of Commissioner of the District of Columbia and abolishing the Board of Commissioners, see sections 301 and 503 of the Plan, set out in the Appendix to Title 5, Government Organization and Employees. See, also, effective date note under such plan.

SUBCHAPTER XIII.—RECONVERSION UNEMPLOYMENT BENEFITS FOR SEAMEN

Sş 1331 to 1336. Omitted.

CODIFICATION

Sections 1331 to 1336 expired upon the termination of the reconversion period beginning with fifth Sunday after Aug. 10, 1946, and ending June 30, 1950, for claiming benefits for Federal maritime service performed prior to July 1, 1949, in accordance with definitions contained in former section 1332 of this title.

Section 1331, act Aug. 14, 1935, ch. 531, title XIII, § 1301, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982, and amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F. R. 5225, 63 Stat. 1065, provided for the administration of this chapter by the 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, and amended July 16, 1949, ch. 342, §§ 1—3, 63 Stat. 445, defined the terms "reconversion period", "compensation", "Federal maritime service", and "Federal maritime wages".

Sections 1333-1336, act Aug. 14, 1935, ch. 531, title XIII, §§ 1303-1306, as added Aug. 10, 1946, ch. 951, title III, § 306, 60 Stat. 982, and amended 1949 Reorg. Plan No. 2, § 1, eff. Aug. 19, 1949, 14 F. R. 5225, 63 Stat. 1065, related to compensation for seamen, agreements with States, payments in absence of agreement, wage information, determination of wages; administration, review of determinations, reports; payments to States, use and return of funds, certifying and disbursing offcers; and penalties, respectively.

SUBCHAPTER XIV.-GRANTS TO STATES FOR AID TO THE PERMANENTLY AND TOTALLY DISABLED

SUBCHAPTER REFERRED TO IN OTHER SECTIONS This subchapter is referred to in sections 428, 1301, 1306, 1308, 1309, 1311, 1315, 1316, 1317, 1318, 1319, 1320a, 1382, 1395v, 1396a, 1396b, 1396d of this title.

For the purpose of enabling each State to furnish financial assistance, as far as practicable under the conditions in such State, to needy individuals eighteen years of age and older who are permanently and totally disabled 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 selfsupport or self-care, there is 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, 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, and 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; July 25, 1962, Pub. L. 87-543, title I, § 104 (c) (4), 76 Stat. 186.)

AMENDMENTS

1962-Pub. L. 87-543 inserted "to furnish rehabilitation and other services" preceding "to help such individuals" and "or retain capability for" following "attain."

1956 Act Aug. 1, 1956, restated purpose to include assistance to individuals to attain self-support of self-care. TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

§ 1352. State plans for aid to the permanently and totally disabled.

(a) A State plan for aid to the permanently and totally disabled must (1) 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 for granting an opportunity for a fair hearing before the State agency to any individual whose claim for aid to the permanently and totally disabled is denied or is not acted upon with reasonable promptness; (5) 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 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