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(As Amended through January 1, 2003)

AN ACT To provide for the general welfare by establishing a system of Federal old-age benefits, and by

enabling the several States to make more adequate provision for aged persons, blind persons, dependent and crippled children, maternal and child welfare, public health, and the administration of their unemployment compensation laws; to establish a Social Security Board; to raise revenue; and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, (TITLE I-GRANTS TO STATES FOR OLD-AGE




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Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
[Sec. 5.
Sec. 6.

Appropriation .....
State old-age plans
Payment to States
Operation of State plans

APPROPRIATION SEC. 1. [42 U.S.C. 301) For the purpose of enabling each State, as far as practicable under the conditions in such State, to furnish

P.L. 74-271, approved August 14, 1935, 49 Stat. 620. 2 Title I of the Social Security Act is administered by the Department of Health and Human Services. The Office of Family Assistance administers benefit payments under Title I. The Administration for Public Services, Office of Human Development Services, administers social services under Title I.

Title I appears in the United States Code as $8301-306, subchapter I, chapter 7, Title 42.

Regulations relating to Title I are contained in subtitle A and chapter XII, Title 45, Code of Federal Regulations.

P.L. 92–603, $303, repealed Title I effective January 1, 1974, except with respect to Puerto Rico, Guam, and the Virgin Islands. The Commonwealth of the Northern Marianas may elect to initiate a Title I social services program if it chooses; see Vol. II, P.L. 94–241, approved March 24, 1976, 90 Stat. 263, (Covenant to Establish Northern Mariana Islands).

See Vol. II, 31 U.S.C. 6504–6505, with respect to intergovernmental cooperation and 31 U.S.C. 7501-7507, with respect to uniform audit requirements for State and local governments receiving Federal financial assistance.

See Vol. II, P.L. 82–183, 8618, for the “Jenner Amendment”, which prohibits denial of grantsin-aid under certain conditions.

See Vol. II, P.L. 88-352, 9601, for prohibition against discrimination in Federally assisted programs.

See Vol. I, P.L. 89–97, 9121(b), with respect to restrictions on payment to a State receiving payments under Title XIX

See Vol. II, P.L. 90–248, $234(c), with respect to nursing homes which do not meet all requirements of a State for licensure.

See Vol. II, P.L. 95–521, 8102(i), with respect to reporting of benefits received under the Social Security Act.

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financial assistance to aged needy individuals, there is hereby authorized to be appropriated for each fiscal year a sum sufficient to carry out the purposes of this title. 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 4 (hereinafter referred to as the “Secretary'), State plans for old-age assistance.


SEC. 2. [42 U.S.C. 302) (a) A State plan for old-age assistance 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 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) for granting an opportunity for a fair hearing before the State agency to any individual whose claim for assistance under the plan is denied or is not acted upon with reasonable promptness, and (B) that if the State plan is administered 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 effect immediately upon issuance its decision upon the matter considered at such hearing;

(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 parttime 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 in a social service volunteer program in providing services to applicants and recipients and in assisting any advisory committees established by the State agency;

(6) provide that the State agency will make such reports, in such form and containing such information, as the Secretary may from time to time require, and comply with such provi

This was deemed to refer to the Secretary of Health and Human Services under section 509 of the “Department of Education Organization Act” (P.L. 96–88, 93 Stat. 695), effective May 4, 1980.

SP.L. 91-648, $208(aX3XD), transferred to the U.S. Civil Service Commission, effective March 6, 1971, all powers, functions, and duties of the Secretary under subparagraph (A). Functions of the Commission were transferred, effective January 1, 1979, to the Director of the Office of Personnel Management by section 102 of Reorganization Plan No. 2 of 1978.

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