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

submitted 91 years ago by ch. 531 to r/title-42-THE-PUBLIC-HEALTH-AND-WELFARE · 1,092 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary may fund State and organizational research, demonstration, and cooperative projects about dependency, welfare-program coordination, and administration. The Commissioner may waive specified supplemental-security-income rules for experiments, but participation must be voluntary and informed, and income protections and reimbursement rules apply.

(a) In general. (1) Congress authorizes $5,000,000 for the fiscal year ending June 30, 1957, and for each later fiscal year whatever amounts Congress determines, to: (A) make grants to States and public or other organizations and agencies for part of the cost of research or demonstration projects about preventing or reducing dependency, coordinating private and public welfare planning, or improving administration and effectiveness of programs under this chapter and related programs; and (B) make contracts or jointly financed cooperative arrangements with those States, organizations, and agencies for research or demonstration projects about those matters. (2) Before making a grant or entering a contract or jointly financed arrangement, the Secretary—or the Commissioner for an arrangement or grant concerning subchapter II or XVI—must obtain advice and recommendations from specialists competent to evaluate the project’s design, prospects for useful results, resources available, and relationship to similar completed or ongoing projects. (3) Grants and payments under a contract or cooperative arrangement may be made in advance or as reimbursement. The Secretary, or the Commissioner for a subchapter II or XVI matter, decides the installments and conditions needed to carry out this subsection. (b) Limitations and costs. (1) The Commissioner may waive requirements, conditions, or limits of subchapter XVI, waive them only for stated purposes, or add requirements, conditions, or limits, for the period and to the extent needed for an experimental, pilot, or demonstration project that the Commissioner believes likely to promote subchapter XVI’s objectives or make it easier to administer. Extra costs of benefits, administration, planning, review, or evaluation caused by the project must be paid from amounts available for this purpose from appropriations for that subchapter. If a project is coordinated with related projects under other subchapters, the Commissioner must allocate costs among available appropriations and any involved trust funds for old-age, survivors, and disability insurance under subchapter II and supplemental security income under subchapter XVI; the Secretary does so for other subchapters. The allocation must consider which programs or benefit types the project most closely relates to or is intended to benefit. If the Commissioner asks a State to make supplementary payments under the project to people who are otherwise ineligible, or in amounts or circumstances in which the State would not pay, the Commissioner must reimburse the State for the non-Federal share from subchapter XVI appropriations. If the Secretary asks a State to provide medical assistance under its subchapter XIX plan to people otherwise ineligible, or in amounts or circumstances in which the State would not provide it, the Secretary must reimburse the State’s non-Federal share from subchapter XVI appropriations, which the Commissioner provides to the Secretary for that purpose. (2) For recipients of supplemental-security-income benefits in such projects: (A) the Commissioner may not conduct a project that would substantially reduce an individual’s total income and resources because of participation; (B) the Commissioner may not require participation. The Commissioner must ensure that (i) voluntary participation is obtained through informed written consent meeting the Commissioner’s requirements for informed consent in human-subject projects involving risk, and (ii) a participant may revoke the agreement at any time; (C) when feasible and appropriate, the projects include recipients under 18 as well as adults; and (D) the projects include those needed to determine whether treating alcoholics and drug addicts can prevent irreversible medical conditions that may cause permanent disability, including residential-care treatment centers. (c) Survey of use of payments. (1) In addition to other fiscal-year-2004 appropriations for subsection (a), up to $8,500,000 is authorized and appropriated for the Commissioner of Social Security to conduct a statistically valid survey. The survey must determine how payments to individuals, organizations, and State or local government agencies serving as representative payees for subchapter II or XVI benefits are managed and used for the beneficiaries. (2) No later than 18 months after March 2, 2004, the Commissioner must report the survey’s results to the House Ways and Means Committee and the Senate Finance Committee.
the actual law source: uscode.house.gov ↗public domain
(a) In general
(1)

There are hereby authorized to be appropriated 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 reduction of dependency, or which will aid in effecting 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 chapter and programs related thereto, and (B) making contracts or jointly financed cooperative arrangements with States and public and other organizations and agencies for the conduct of research 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 possibilities of securing productive results, the adequacy of resources to conduct the proposed research or demonstrations, and their relationship to other similar research or demonstrations already 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 reimbursement, as may be determined by the Secretary (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 Commissioner, 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 limitations 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 Commissioner 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 appropriations 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 programs under subchapter II and the supplemental security income program under subchapter XVI, and by the Secretary with respect to other subchapters of this chapter, taking into consideration 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 supplementary payments (or the Commissioner makes them pursuant to an agreement under section 1382e of this title) to individuals who are not eligible therefor, or in amounts or under circumstances in which the State does not make such payments, the Commissioner shall reimburse 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 Secretary requests a State to provide 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 provide such medical assistance, the Secretary shall reimburse such State for the non-Federal share of such assistance from amounts appropriated to carry out subchapter XVI, which shall be provided by the Commissioner to the Secretary for this purpose.

(2)

With respect to the participation of recipients 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 voluntary participation of individuals in any project is obtained through informed written consent which satisfies the requirements for informed consent established by the Commissioner for use in any experimental, pilot, or demonstration project in which human subjects 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 recipients; 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 feasibility of treating alcoholics and drug addicts to prevent the onset of irreversible medical conditions which may result in permanent disability, including programs in residential care treatment centers.

(c) Survey of use of payments
(1)

In addition to the amount otherwise appropriated in any other law to carry out subsection (a) for fiscal year 2004, up to $8,500,000 is authorized and appropriated and shall be used by the Commissioner of Social Security under this subsection for purposes of conducting a statistically valid survey to determine how payments made to individuals, organizations, and State or local government agencies that are representative 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 accordance with paragraph (1) to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate.

Source credit: (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.)

history & why it existsrecord from the source credit
  • 1935Enacted · Act of Aug. 14, 1935, ch. 531 · 70 Stat. 850
  • 1968Amended · Pub. L. 90-248 · 81 Stat. 918
  • 1980Amended · Pub. L. 96-265 · 94 Stat. 474
  • 1984Amended · Pub. L. 98-369 · 98 Stat. 1088
  • 1986Amended · Pub. L. 99-272 · 100 Stat. 283
  • 1994Amended · Pub. L. 103-296 · 108 Stat. 1482
  • 1997Amended · Pub. L. 105-33 · 111 Stat. 623
  • 1999Amended · Pub. L. 106-170 · 113 Stat. 1910
  • 2004Amended · Pub. L. 108-203 · 118 Stat. 506

A history note hasn’t been published yet. The record shows enactment by ch. 531 on 1935-08-14.

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