§ 1382. — Eligibility for benefits.
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[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 42USC1382]
TITLE 42--THE PUBLIC HEALTH AND WELFARE
CHAPTER 7--SOCIAL SECURITY
SUBCHAPTER XVI--SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND
DISABLED
Part A--Determination of Benefits
Sec. 1382. Eligibility for benefits
(a) ``Eligible individual'' defined
(1) Each aged, blind, or disabled individual who does not have an
eligible spouse and--
(A) whose income, other than income excluded pursuant to section
1382a(b) of this title, is at a rate of not more than $1,752 (or, if
greater, the amount determined under section 1382f of this title)
for the calendar year 1974 or any calendar year thereafter, and
(B) whose resources, other than resources excluded pursuant to
section 1382b(a) of this title, are not more than (i) in case such
individual has a spouse with whom he is living, the applicable
amount determined under paragraph (3)(A), or (ii) in case such
individual has no spouse with whom he is living, the applicable
amount determined under paragraph (3)(B),
shall be an eligible individual for purposes of this subchapter.
(2) Each aged, blind, or disabled individual who has an eligible
spouse and--
(A) whose income (together with the income of such spouse),
other than income excluded pursuant to section 1382a(b) of this
title, is at a rate of not more than $2,628 (or, if greater, the
amount determined under section 1382f of this title) for the
calendar year 1974, or any calendar year thereafter, and
(B) whose resources (together with the resources of such
spouse), other than resources excluded pursuant to section 1382b(a)
of this title, are not more than the applicable amount determined
under paragraph (3)(A),
shall be an eligible individual for purposes of this subchapter.
(3)(A) The dollar amount referred to in clause (i) of paragraph
(1)(B), and in paragraph (2)(B), shall be $2,250 prior to January 1,
1985, and shall be increased to $2,400 on January 1, 1985, to $2,550 on
January 1, 1986, to $2,700 on January 1, 1987, to $2,850 on January 1,
1988, and to $3,000 on January 1, 1989.
(B) The dollar amount referred to in clause (ii) of paragraph
(1)(B), shall be $1,500 prior to January 1, 1985, and shall be increased
to $1,600 on January 1, 1985, to $1,700 on January 1, 1986, to $1,800 on
January 1, 1987, to $1,900 on January 1, 1988, and to $2,000 on January
1, 1989.
(b) Amount of benefits
(1) The benefit under this subchapter for an individual who does not
have an eligible spouse shall be payable at the rate of $1,752 (or, if
greater, the amount determined under section 1382f of this title) for
the calendar year 1974 and any calendar year thereafter, reduced by the
amount of income, not excluded pursuant to section 1382a(b) of this
title, of such individual.
(2) The benefit under this subchapter for an individual who has an
eligible spouse shall be payable at the rate of $2,628 (or, if greater,
the amount determined under section 1382f of this title) for the
calendar year 1974 and any calendar year thereafter, reduced by the
amount of income, not excluded pursuant to section 1382a(b) of this
title, of such individual and spouse.
(c) Period for determination of benefits
(1) An individual's eligibility for a benefit under this subchapter
for a month shall be determined on the basis of the individual's (and
eligible spouse's, if any) income, resources, and other relevant
characteristics in such month, and, except as provided in paragraphs
(2), (3), (4), (5), and (6), the amount of such benefit shall be
determined for such month on the basis of income and other
characteristics in the first or, if the Commissioner of Social Security
so determines, second month preceding such month. Eligibility for and
the amount of such benefits shall be redetermined at such time or times
as may be provided by the Commissioner of Social Security.
(2) The amount of such benefit for the month in which an application
for benefits becomes effective (or, if the Commissioner of Social
Security so determines, for such month and the following month) and for
any month immediately following a month of ineligibility for such
benefits (or, if the Commissioner of Social Security so determines, for
such month and the following month) shall--
(A) be determined on the basis of the income of the individual
and the eligible spouse, if any, of such individual and other
relevant circumstances in such month; and
(B) in the case of the month in which an application becomes
effective or the first month following a period of ineligibility, if
such application becomes effective, or eligibility is restored,
after the first day of such month, bear the same ratio to the amount
of the benefit which would have been payable to such individual if
such application had become effective, or eligibility had been
restored, on the first day of such month as the number of days in
such month including and following the effective date of such
application or restoration of eligibility bears to the total number
of days in such month.
(3) For purposes of this subsection, an increase in the benefit
amount payable under subchapter II of this chapter (over the amount
payable in the preceding month, or, at the election of the Commissioner
of Social Security, the second preceding month) to an individual
receiving benefits under this subchapter shall be included in the income
used to determine the benefit under this subchapter of such individual
for any month which is--
(A) the first month in which the benefit amount payable to such
individual under this title is increased pursuant to section 1382f
of this title, or
(B) at the election of the Commissioner of Social Security, the
month immediately following such month.
(4)(A) Notwithstanding paragraph (3), if the Commissioner of Social
Security determines that reliable information is currently available
with respect to the income and other circumstances of an individual for
a month (including information with respect to a class of which such
individual is a member and information with respect to scheduled cost-
of-living adjustments under other benefit programs), the benefit amount
of such individual under this subchapter for such month may be
determined on the basis of such information.
(B) The Commissioner of Social Security shall prescribe by
regulation the circumstances in which information with respect to an
event may be taken into account pursuant to subparagraph (A) in
determining benefit amounts under this subchapter.
(5) Notwithstanding paragraphs (1) and (2), any income which is paid
to or on behalf of an individual in any month pursuant to (A) a State
program funded under part A of subchapter IV of this chapter, (B)
section 672 of this title (relating to foster care assistance), (C)
section 1522(e) of title 8 (relating to assistance for refugees), (D)
section 501(a) of Public Law 96-422 (relating to assistance for Cuban
and Haitian entrants), or (E) section 13 of title 25 (relating to
assistance furnished by the Bureau of Indian Affairs), shall be taken
into account in determining the amount of the benefit under this
subchapter of such individual (and his eligible spouse, if any) only for
that month, and shall not be taken into account in determining the
amount of the benefit for any other month.
(6) The dollar amount in effect under subsection (b) of this section
as a result of any increase in benefits under this subchapter by reason
of section 1382f of this title shall be used to determine the value of
any in-kind support and maintenance required to be taken into account in
determining the benefit payable under this subchapter to an individual
(and the eligible spouse, if any, of the individual) for the 1st 2
months for which the increase in benefits applies.
(7) For purposes of this subsection, an application of an individual
for benefits under this subchapter shall be effective on the later of--
(A) the first day of the month following the date such
application is filed, or
(B) the first day of the month following the date such
individual becomes eligible for such benefits with respect to such
application.
(8) The Commissioner of Social Security may waive the limitations
specified in subparagraphs (A) and (B) of subsection (e)(1) of this
section on an individual's eligibility and benefit amount for a month
(to the extent either such limitation is applicable by reason of such
individual's presence throughout such month in a hospital, extended care
facility, nursing home, or intermediate care facility) if such waiver
would promote the individual's removal from such institution or
facility. Upon waiver of such limitations, the Commissioner of Social
Security shall apply, to the month preceding the month of removal, or,
if the Commissioner of Social Security so determines, the two months
preceding the month of removal, the benefit rate that is appropriate to
such individual's living arrangement subsequent to his removal from such
institution or facility.
(d) Limitation on amount of gross income earned; ``gross income''
defined
The Commissioner of Social Security may prescribe the circumstances
under which, consistently with the purposes of this subchapter, the
gross income from a trade or business (including farming) will be
considered sufficiently large to make an individual ineligible for
benefits under this subchapter. For purposes of this subsection, the
term ``gross income'' has the same meaning as when used in chapter 1 of
the Internal Revenue Code of 1986.
(e) Limitation on eligibility of certain individuals
(1)(A) Except as provided in subparagraphs (B), (C), (D), (E), and
(G), no person shall be an eligible individual or eligible spouse for
purposes of this subchapter with respect to any month if throughout such
month he is an inmate of a public institution.
(B) In any case where an eligible individual or his eligible spouse
(if any) is, throughout any month (subject to subparagraph (G)), in a
medical treatment facility receiving payments (with respect to such
individual or spouse) under a State plan approved under subchapter XIX
of this chapter, or an eligible individual is a child described in
section 1382c(f)(2)(B) of this title, or, in the case of an eligible
individual who is a child under the age of 18, receiving payments (with
respect to such individual) under any health insurance policy issued by
a private provider of such insurance the benefit under this subchapter
for such individual for such month shall be payable (subject to
subparagraph (E))--
(i) at a rate not in excess of $360 per year (reduced by the
amount of any income not excluded pursuant to section 1382a(b) of
this title) in the case of an individual who does not have an
eligible spouse;
(ii) in the case of an individual who has an eligible spouse, if
only one of them is in such a facility throughout such month, at a
rate not in excess of the sum of--
(I) the rate of $360 per year (reduced by the amount of any
income, not excluded pursuant to section 1382a(b) of this title,
of the one who is in such facility), and
(II) the applicable rate specified in subsection (b)(1) of
this section (reduced by the amount of any income, not excluded
pursuant to section 1382a(b) of this title, of the other); and
(iii) at a rate not in excess of $720 per year (reduced by the
amount of any income not excluded pursuant to section 1382a(b) of
this title) in the case of an individual who has an eligible spouse,
if both of them are in such a facility throughout such month.
For purposes of this subsection, a medical treatment facility that
provides services described in section 1396p(c)(1)(C) of this title
shall be considered to be receiving payments with respect to an
individual under a State plan approved under subchapter XIX of this
chapter during any period of ineligibility of such individual provided
for under the State plan pursuant to section 1396p(c) of this title.
(C) As used in subparagraph (A), the term ``public institution''
does not include a publicly operated community residence which serves no
more than 16 residents.
(D) A person may be an eligible individual or eligible spouse for
purposes of this subchapter with respect to any month throughout which
he is a resident of a public emergency shelter for the homeless (as
defined in regulations which shall be prescribed by the Commissioner of
Social Security); except that no person shall be an eligible individual
or eligible spouse by reason of this subparagraph more than 6 months in
any 9-month period.
(E) Notwithstanding subparagraphs (A) and (B), any individual who--
(i)(I) is an inmate of a public institution, the primary purpose
of which is the provision of medical or psychiatric care, throughout
any month as described in subparagraph (A), or
(II) is in a medical treatment facility throughout any month as
described in subparagraph (B),
(ii) was eligible under section 1382h(a) or (b) of this title
for the month preceding such month, and
(iii) under an agreement of the public institution or the
medical treatment facility is permitted to retain any benefit
payable by reason of this subparagraph,
may be an eligible individual or eligible spouse for purposes of this
subchapter (and entitled to a benefit determined on the basis of the
rate applicable under subsection (b) of this section) for the month
referred to in subclause (I) or (II) of clause (i) and, if such
subclause still applies, for the succeeding month.
(F) An individual who is an eligible individual or an eligible
spouse for a month by reason of subparagraph (E) shall not be treated as
being eligible under section 1382h(a) or (b) of this title for such
month for purposes of clause (ii) of such subparagraph.
(G) A person may be an eligible individual or eligible spouse for
purposes of this subchapter, and subparagraphs (A) and (B) shall not
apply, with respect to any particular month throughout which he or she
is an inmate of a public institution the primary purpose of which is the
provision of medical or psychiatric care, or is in a medical treatment
facility receiving payments (with respect to such individual or spouse)
under a State plan approved under subchapter XIX of this chapter or, in
the case of an individual who is a child under the age of 18, under any
health insurance policy issued by a private provider of such insurance,
if it is determined in accordance with subparagraph (H) or (J) that--
(i) such person's stay in that institution or facility (or in
that institution or facility and one or more other such institutions
or facilities during a continuous period of institutionalization) is
likely (as certified by a physician) not to exceed 3 months, and the
particular month involved is one of the first 3 months throughout
which such person is in such an institution or facility during a
continuous period of institutionalization; and
(ii) such person needs to continue to maintain and provide for
the expenses of the home or living arrangement to which he or she
may return upon leaving the institution or facility.
The benefit of any person under this subchapter (including State
supplementation if any) for each month to which this subparagraph
applies shall be payable, without interruption of benefit payments and
on the date the benefit involved is regularly due, at the rate that was
applicable to such person in the month prior to the first month
throughout which he or she is in the institution or facility.
(H) The Commissioner of Social Security shall establish procedures
for the determinations required by clauses (i) and (ii) of subparagraph
(G), and may enter into agreements for making such determinations (or
for providing information or assistance in connection with the making of
such determinations) with appropriate State and local public and private
agencies and organizations. Such procedures and agreements shall include
the provision of appropriate assistance to individuals who, because of
their physical or mental condition, are limited in their ability to
furnish the information needed in connection with the making of such
determinations.
(I)(i) The Commissioner shall enter into an agreement, with any
interested State or local institution comprising a jail, prison, penal
institution, or correctional facility, or with any other interested
State or local institution a purpose of which is to confine individuals
as described in section 402(x)(1)(A)(ii) of this title, under which--
(I) the institution shall provide to the Commissioner, on a
monthly basis and in a manner specified by the Commissioner, the
names, social security account numbers, dates of birth, confinement
commencement dates, and, to the extent available to the institution,
such other identifying information concerning the inmates of the
institution as the Commissioner may require for the purpose of
carrying out this paragraph and the other provisions of this
subchapter; and
(II) the Commissioner shall pay to any such institution, with
respect to each individual who receives in the month preceding the
first month throughout which such individual is an inmate of the
jail, prison, penal institution, or correctional facility that
furnishes information respecting such individual pursuant to
subclause (I), or is confined in the institution (that so furnishes
such information) as described in section 402(x)(1)(A)(ii) of this
title, a benefit under this subchapter for such preceding month, and
who is determined by the Commissioner to be ineligible for benefits
under this subchapter by reason of confinement based on the
information provided by such institution, $400 (subject to reduction
under clause (ii)) if the institution furnishes the information
described in subclause (I) to the Commissioner within 30 days after
the date such individual becomes an inmate of such institution, or
$200 (subject to reduction under clause (ii)) if the institution
furnishes such information after 30 days after such date but within
90 days after such date.
(ii) The dollar amounts specified in clause (i)(II) shall be reduced
by 50 percent if the Commissioner is also required to make a payment to
the institution with respect to the same individual under an agreement
entered into under section 402(x)(3)(B) of this title.
(iii) The Commissioner shall maintain, and shall provide on a
reimbursable basis, information obtained pursuant to agreements entered
into under clause (i) to any Federal or federally-assisted cash, food,
or medical assistance program for eligibility and other administrative
purposes under such program.
(iv) Payments to institutions required by clause (i)(II) shall be
made from funds otherwise available for the payment of benefits under
this subchapter and shall be treated as direct spending for purposes of
the Balanced Budget and Emergency Deficit Control Act of 1985 [2 U.S.C.
900 et seq.].
(J) For the purpose of carrying out this paragraph, the Commissioner
of Social Security shall conduct periodic computer matches with data
maintained by the Secretary of Health and Human Services under
subchapter XVIII or XIX of this chapter. The Secretary shall furnish to
the Commissioner, in such form and manner and under such terms as the
Commissioner and the Secretary shall mutually agree, such information as
the Commissioner may request for this purpose. Information obtained
pursuant to such a match may be substituted for the physician's
certification otherwise required under subparagraph (G)(i).
(2) No person shall be an eligible individual or eligible spouse for
purposes of this subchapter if, after notice to such person by the
Commissioner of Social Security that it is likely that such person is
eligible for any payments of the type enumerated in section
1382a(a)(2)(B) of this title, such person fails within 30 days to take
all appropriate steps to apply for and (if eligible) obtain any such
payments.
(3) Notwithstanding anything to the contrary in the criteria being
used by the Commissioner of Social Security in determining when a
husband and wife are to be considered two eligible individuals for
purposes of this subchapter and when they are to be considered an
eligible individual with an eligible spouse, the State agency
administering or supervising the administration of a State plan under
any other program under this chapter may (in the administration of such
plan) treat a husband and wife living in the same medical treatment
facility described in paragraph (1)(B) as though they were an eligible
individual with his or her eligible spouse for purposes of this
subchapter (rather than two eligible individuals), after they have
continuously lived in the same such facility for 6 months, if treating
such husband and wife as two eligible individuals would prevent either
of them from receiving benefits or assistance under such plan or reduce
the amount thereof.
(4) No person shall be considered an eligible individual or eligible
spouse for purposes of this subchapter with respect to any month if
during such month the person is--
(A) fleeing to avoid prosecution, or custody or confinement
after conviction, under the laws of the place from which the person
flees, for a crime, or an attempt to commit a crime, which is a
felony under the laws of the place from which the person flees, or
which, in the case of the State of New Jersey, is a high misdemeanor
under the laws of such State; or
(B) violating a condition of probation or parole imposed under
Federal or State law.
(5) Notwithstanding any other provision of law (other than section
6103 of the Internal Revenue Code of 1986 and section 1306(c) of this
title), the Commissioner shall furnish any Federal, State, or local law
enforcement officer, upon the written request of the officer, with the
current address, Social Security number, and photograph (if applicable)
of any recipient of benefits under this subchapter, if the officer
furnishes the Commissioner with the name of the recipient, and other
identifying information as reasonably required by the Commissioner to
establish the unique identity of the recipient, and notifies the
Commissioner that--
(A) the recipient--
(i) is described in subparagraph (A) or (B) of paragraph
(4); and
(ii) has information that is necessary for the officer to
conduct the officer's official duties; and
(B) the location or apprehension of the recipient is within the
officer's official duties.
(f) Individuals outside United States; determination of status
(1) Notwithstanding any other provision of this subchapter, no
individual (other than a child described in section 1382c(a)(1)(B)(ii)
of this title) shall be considered an eligible individual for purposes
of this subchapter for any month during all of which such individual is
outside the United States (and no person shall be considered the
eligible spouse of an individual for purposes of this subchapter with
respect to any month during all of which such person is outside the
United States). For purposes of the preceding sentence, after an
individual has been outside the United States for any period of 30
consecutive days, he shall be treated as remaining outside the United
States until he has been in the United States for a period of 30
consecutive days.
(2) For a period of not more than 1 year, the first sentence of
paragraph (1) shall not apply to any individual who--
(A) was eligible to receive a benefit under this subchapter for
the month immediately preceding the first month during all of which
the individual was outside the United States; and
(B) demonstrates to the satisfaction of the Commissioner of
Social Security that the absence of the individual from the United
States will be--
(i) for not more than 1 year; and
(ii) for the purpose of conducting studies as part of an
educational program that is--
(I) designed to substantially enhance the ability of the
individual to engage in gainful employment;
(II) sponsored by a school, college, or university in
the United States; and
(III) not available to the individual in the United
States.
(g) Individuals deemed to meet resources test
In the case of any individual or any individual and his spouse (as
the case may be) who--
(1) received aid or assistance for December 1973 under a plan of
a State approved under subchapter I, X, XIV, or XVI of this chapter,
(2) has, since December 31, 1973, continuously resided in the
State under the plan of which he or they received such aid or
assistance for December 1973, and
(3) has, since December 31, 1973, continuously been (except for
periods not in excess of six consecutive months) an eligible
individual or eligible spouse with respect to whom supplemental
security income benefits are payable,
the resources of such individual or such individual and his spouse (as
the case may be) shall be deemed not to exceed the amount specified in
subsections (a)(1)(B) and (a)(2)(B) of this section during any period
that the resources of such individual or such individual and his spouse
(as the case may be) does not exceed the maximum amount of resources
specified in the State plan, as in effect for October 1972, under which
he or they received such aid or assistance for December 1973.
(h) Individuals deemed to meet income test
In determining eligibility for, and the amount of, benefits payable
under this section in the case of any individual or any individual and
his spouse (as the case may be) who--
(1) received aid or assistance for December 1973 under a plan of
a State approved under subchapter X or XVI of this chapter,
(2) is blind under the definition of that term in the plan, as
in effect for October 1972, under which he or they received such aid
or assistance for December 1973,
(3) has, since December 31, 1973, continuously resided in the
State under the plan of which he or they received such aid or
assistance for December 1973, and
(4) has, since December 31, 1973, continuously been (except for
periods not in excess of six consecutive months) an eligible
individual or an eligible spouse with respect to whom supplemental
security income benefits are payable,
there shall be disregarded an amount equal to the greater of (A) the
maximum amount of any earned or unearned income which could have been
disregarded under the State plan, as in effect for October 1972, under
which he or they received such aid or assistance for December 1973, and
(B) the amount which would be required to be disregarded under section
1382a of this title without application of this subsection.
(i) Application and review requirements for certain individuals
For application and review requirements affecting the eligibility of
certain individuals, see section 1383(j) of this title.
(Aug. 14, 1935, ch. 531, title XVI, Sec. 1611, as added Pub. L. 92-603,
title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1466; amended Pub. L. 93-
66, title II, Sec. 210(a), (b), July 9, 1973, 87 Stat. 154; Pub. L. 93-
233, Secs. 4(b)(1), (2), 18(d), (e), Dec. 31, 1973, 87 Stat. 953, 968;
Pub. L. 93-368, Sec. 6(a), Aug. 7, 1974, 88 Stat. 421; Pub. L. 94-566,
title V, Secs. 502, 505(a), Oct. 20, 1976, 90 Stat. 2685, 2686; Pub. L.
96-265, title III, Sec. 303(c)(2), June 9, 1980, 94 Stat. 453; Pub. L.
97-35, title XXIII, Sec. 2341(a), Aug. 13, 1981, 95 Stat. 865; Pub. L.
97-248, title I, Secs. 181(a), 183(a), Sept. 3, 1982, 96 Stat. 404, 405;
Pub. L. 98-21, title IV, Sec. 403(a), Apr. 20, 1983, 97 Stat. 140; Pub.
L. 98-369, div. B, title VI, Secs. 2611(a)-(c), 2663(g)(1), (2), July
18, 1984, 98 Stat. 1130, 1168; Pub. L. 99-514, Sec. 2, Oct. 22, 1986,
100 Stat. 2095; Pub. L. 99-643, Secs. 3(a), 4(c)(3), (d)(1), 9(a), Nov.
10, 1986, 100 Stat. 3574, 3577, 3579; Pub. L. 100-203, title IX,
Secs. 9106(a), 9107, 9113(a), 9115(a), 9119(a), Dec. 22, 1987, 101 Stat.
1330-301, 1330-302, 1330-304, 1330-308; Pub. L. 100-360, title III,
Sec. 303(c)(2), July 1, 1988, 102 Stat. 762; Pub. L. 101-239, title
VIII, Secs. 8009(a), 8010(b), Dec. 19, 1989, 103 Stat. 2463, 2464; Pub.
L. 103-66, title XIII, Sec. 13735(a), Aug. 10, 1993, 107 Stat. 662; Pub.
L. 103-296, title I, Sec. 107(a)(4), title II, Secs. 201(b)(3)(A),
(B)(i), 204(a), Aug. 15, 1994, 108 Stat. 1478, 1502, 1504, 1508; Pub. L.
104-121, title I, Sec. 105(b)(4)(A), Mar. 29, 1996, 110 Stat. 854; Pub.
L. 104-193, title I, Sec. 108(j), title II, Secs. 201(a), 202(a), (b),
203(a)(1), 204(a), 214(a), Aug. 22, 1996, 110 Stat. 2169, 2185-2187,
2195; Pub. L. 105-33, title V, Secs. 5521, 5522(c), Aug. 5, 1997, 111
Stat. 621, 623; Pub. L. 106-169, title II, Secs. 204, 207(c), 212, Dec.
14, 1999, 113 Stat. 1833, 1838, 1843; Pub. L. 106-170, title IV,
Sec. 402(a)(3), (c)(1)-(3), Dec. 17, 1999, 113 Stat. 1908, 1909.)
References in Text
Part A of subchapter IV of this chapter, referred to in subsec.
(c)(5), is classified to section 601 et seq. of this title.
Section 501(a) of Public Law 96-422, referred to in subsec. (c)(5),
is section 501(a) of Pub. L. 96-422, which is set out as a note under
section 1522 of Title 8, Aliens and Nationality.
The Internal Revenue Code of 1986, referred to in subsecs. (d) and
(e)(5), is classified generally to Title 26, Internal Revenue Code.
The Balanced Budget and Emergency Deficit Control Act of 1985,
referred to in subsec. (e)(1)(I)(iv), is title II of Pub. L. 99-177,
Dec. 12, 1985, 99 Stat. 1038, as amended, which enacted chapter 20
(Sec. 900 et seq.) and sections 654 to 656 of Title 2, The Congress,
amended sections 602, 622, 631 to 642, and 651 to 653 of Title 2,
sections 1104 to 1106, and 1109 of Title 31, Money and Finance, and
section 911 of this title, repealed section 661 of Title 2, enacted
provisions set out as notes under section 900 of Title 2 and section 911
of this title, and amended provisions set out as a note under section
621 of Title 2. For complete classification of this Act to the Code, see
Short Title note set out under section 900 of Title 2 and Tables.
Prior Provisions
A prior section 1382, act Aug. 14, 1935, ch. 531, title XVI,
Sec. 1602, as added July 25, 1962, Pub. L. 87-543, title I, Sec. 141(a),
76 Stat. 198; amended Oct. 13, 1964, Pub. L. 88-650, Sec. 5(b), 78 Stat.
1078; July 30, 1965, Pub. L. 89-97, title II, Sec. 221(d)(3), title IV,
Sec. 403(e), 79 Stat. 358, 418; Jan. 2, 1968, Pub. L. 90-248, title II,
Secs. 210(a)(5), 213(a)(4), 241(d), 81 Stat. 896, 898, 917; Oct. 30,
1972, Pub. L. 92-603, title IV, Secs. 405(d), 406(d), 407(d), 410(d),
413(d), 86 Stat. 1488, 1489, 1491, 1492, set forth required contents of
State plans for aid to aged, blind, or disabled, and for medical
assistance for aged, prior to the general amendment of title XVI of the
Social Security Act by Pub. L. 92-603, Sec. 301, but is set out as a
note below in view of its continued applicability to Puerto Rico, Guam,
and the Virgin Islands.
Amendments
1999--Subsec. (e)(1)(G). Pub. L. 106-169, Sec. 212(b), substituted
``subparagraph (H) or (J)'' for ``subparagraph (H)'' in introductory
provisions.
Subsec. (e)(1)(I)(i). Pub. L. 106-170, Sec. 402(c)(2), substituted
``institution comprising a jail, prison, penal institution, or
correctional facility, or with any other interested State or local
institution a purpose of which is to confine individuals as described in
section 402(x)(1)(A)(ii) of this title,'' for ``institution described in
clause (i) or (ii) of section 402(x)(1)(A) of this title the primary
purpose of which is to confine individuals as described in section
402(x)(1)(A) of this title,''.
Subsec. (e)(1)(I)(i)(I). Pub. L. 106-170, Sec. 402(a)(3)(A),
substituted ``and the other provisions of this subchapter; and'' for ``;
and''.
Subsec. (e)(1)(I)(i)(II). Pub. L. 106-170, Sec. 402(c)(1)(A),
inserted ``(subject to reduction under clause (ii))'' after ``$400'' and
``$200''.
Subsec. (e)(1)(I)(ii). Pub. L. 106-170, Sec. 402(c)(1)(C), added cl.
(ii). Former cl. (ii) redesignated (iii).
Subsec. (e)(1)(I)(ii)(II). Pub. L. 106-170, Sec. 402(a)(3)(B),
substituted ``shall maintain, and shall provide on a reimbursable
basis,'' for ``is authorized to provide, on a reimbursable basis,''.
Pub. L. 106-169, Sec. 204, which directed substitution of ``shall''
for ``is authorized to'' in cl. (ii)(II), could not be executed in view
of the redesignation of cl. (ii) as (iii) by Pub. L. 106-170,
Sec. 402(c)(1)(B). See note above and Effective Date of 1999 Amendment
note below.
Subsec. (e)(1)(I)(iii). Pub. L. 106-170, Sec. 402(c)(3)(B),
substituted ``eligibility and other administrative purposes under such
program'' for ``eligibility purposes''.
Pub. L. 106-170, Sec. 402(c)(3)(A), struck out ``(II)'' before ``The
Commissioner'' and struck out subcl. (I) which read as follows: ``The
provisions of section 552a of title 5 shall not apply to any agreement
entered into under clause (i) or to information exchanged pursuant to
such agreement.''
Pub. L. 106-170, Sec. 402(c)(1)(B), redesignated cl. (ii) as (iii).
Former cl. (iii) redesignated (iv).
Subsec. (e)(1)(I)(iv). Pub. L. 106-170, Sec. 402(c)(1)(B),
redesignated cl. (iii) as (iv).
Subsec. (e)(1)(J). Pub. L. 106-169, Sec. 212(a), added subpar. (J).
Subsec. (e)(4). Pub. L. 106-169, Sec. 207(c)(1), (3), redesignated
par. (5) as (4) and struck out former par. (4) which read as follows:
``(4)(A) No person shall be considered an eligible individual or
eligible spouse for purposes of this subchapter during the 10-year
period that begins on the date the person is convicted in Federal or
State court of having made a fraudulent statement or representation with
respect to the place of residence of the person in order to receive
assistance simultaneously from 2 or more States under programs that are
funded under subchapter IV of this chapter, subchapter XIX of this
chapter, or the Food Stamp Act of 1977, or benefits in 2 or more States
under the supplemental security income program under this subchapter.
``(B) As soon as practicable after the conviction of a person in a
Federal or State court as described in subparagraph (A), an official of
such court shall notify the Commissioner of such conviction.''
Subsec. (e)(5). Pub. L. 106-169, Sec. 207(c)(3), redesignated par.
(6) as (5). Former par. (5) redesignated (4).
Subsec. (e)(6). Pub. L. 106-169, Sec. 207(c)(2), (3), redesignated
par. (6) as (5) and substituted ``(4)'' for ``(5)''.
1997--Subsec. (e)(1)(B). Pub. L. 105-33, Sec. 5522(c)(1)(A), (D), in
introductory provisions, substituted ``medical treatment facility'' for
``hospital, extended care facility, nursing home, or intermediate care
facility'' and in closing provisions, substituted ``medical treatment
facility that provides services described in section 1396p(c)(1)(C) of
this title'' for ``hospital, extended care facility, nursing home, or
intermediate care facility which is a `medical institution or nursing
facility' within the meaning of section 1396p(c) of this title''.
Subsec. (e)(1)(B)(ii). Pub. L. 105-33, Sec. 5522(c)(1)(B), struck
out ``hospital, home or'' before ``facility'' in introductory provisions
and ``hospital, home, or'' before ``facility'' in subcl. (I).
Subsec. (e)(1)(B)(iii). Pub. L. 105-33, Sec. 5522(c)(1)(C), struck
out ``hospital, home, or'' before ``facility''.
Subsec. (e)(1)(E)(i)(II), (iii). Pub. L. 105-33, Sec. 5522(c)(2),
substituted ``medical treatment facility'' for ``hospital, extended care
facility, nursing home, or intermediate care facility''.
Subsec. (e)(1)(G). Pub. L. 105-33, Sec. 5522(c)(3), substituted ``or
is in a medical treatment'' for ``or which is a hospital, extended care
facility, nursing home, or intermediate care'' and inserted ``or, in the
case of an individual who is a child under the age of 18, under any
health insurance policy issued by a private provider of such insurance''
after ``subchapter XIX of this chapter''.
Subsec. (e)(1)(I)(i)(I). Pub. L. 105-33, Sec. 5521(c), substituted
``this paragraph'' for ``paragraph (1)''.
Subsec. (e)(1)(I)(i)(II). Pub. L. 105-33, Sec. 5521(b), substituted
``individual who receives in the month preceding the first month
throughout which such individual is an inmate of the jail, prison, penal
institution, or correctional facility that furnishes information
respecting such individual pursuant to subclause (I), or is confined in
the institution (that so furnishes such information) as described in
section 402(x)(1)(A)(ii) of this title, a benefit under this subchapter
for such preceding month, and who is determined by the Commissioner to
be ineligible for benefits under this subchapter by reason of
confinement based on the information provided by such institution'' for
``inmate of the institution who is eligible for a benefit under this
subchapter for the month preceding the first month throughout which such
inmate is in such institution and becomes ineligible for such benefit as
a result of the application of this subparagraph''.
Subsec. (e)(3). Pub. L. 105-33, Sec. 5522(c)(4), substituted ``same
medical treatment facility'' for ``same hospital, home, or facility''
and ``same such facility'' for ``same such hospital, home, or
facility''.
Subsec. (e)(6). Pub. L. 105-33, Sec. 5521(a), inserted ``and section
1306(c) of this title'' after ``of 1986''.
1996--Subsec. (c)(5)(A). Pub. L. 104-193, Sec. 108(j), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
``a State plan approved under part A of subchapter IV of this chapter
(relating to aid to families with dependent children),''.
Subsec. (c)(7)(A), (B). Pub. L. 104-193, Sec. 204(a), amended
subpars. (A) and (B) generally. Prior to amendment, subpars. (A) and (B)
read as follows:
``(A) the date such application is filed, or
``(B) the date such individual first becomes eligible for such
benefits with respect to such application.''
Subsec. (e)(1)(B). Pub. L. 104-193, Sec. 214(a), inserted ``or, in
the case of an eligible individual who is a child under the age of 18,
receiving payments (with respect to such individual) under any health
insurance policy issued by a private provider of such insurance'' after
``section 1382c(f)(2)(B) of this title,''.
Subsec. (e)(1)(I). Pub. L. 104-193, Sec. 203(a)(1), added subpar.
(I).
Subsec. (e)(3). Pub. L. 104-193, Sec. 201(a), redesignated par. (5)
as (3).
Pub. L. 104-121 struck out par. (3) which related to limitation on
eligibility for benefits by reason of disability based on alcoholism or
drug addiction.
Subsec. (e)(4). Pub. L. 104-193, Sec. 201(a), added par. (4).
Subsec. (e)(5). Pub. L. 104-193, Secs. 201(a), 202(a), added par.
(5) and redesignated former par. (5) as (3).
Subsec. (e)(6). Pub. L. 104-193, Sec. 202(b), added par. (6).
1994--Subsecs. (c), (d), (e)(1)(D), (H), (2). Pub. L. 103-296,
Sec. 107(a)(4), substituted ``Commissioner of Social Security'' for
``Secretary'' wherever appearing.
Subsec. (e)(3)(A). Pub. L. 103-296, Sec. 201(b)(3)(A), amended
subpar. (A) generally. Prior to amendment, subpar. (A) read as follows:
``No person who is an aged, blind, or disabled individual solely by
reason of disability (as determined under section 1382c(a)(3) of this
title) shall be an eligible individual or eligible spouse for purposes
of this subchapter with respect to any month if such individual is
medically determined to be a drug addict or an alcoholic unless such
individual is undergoing any treatment that may be appropriate for his
condition as a drug addict or alcoholic (as the case may be) at an
institution or facility approved for purposes of this paragraph by the
Secretary (so long as such treatment is available) and demonstrates that
he is complying with the terms, conditions, and requirements of such
treatment and with requirements imposed by the Secretary under
subparagraph (B).''
Pub. L. 103-296, Sec. 107(a)(4), in subpar. (A) as amended by Pub.
L. 103-296, Sec. 201(b)(3)(A), substituted ``Commissioner of Social
Security'' for ``Secretary'' and ``Commissioner's'' for ``Secretary's''
wherever appearing.
Subsec. (e)(3)(B). Pub. L. 103-296, Sec. 201(b)(3)(B)(i), designated
existing provisions as cl. (i), struck out ``The Secretary shall
annually submit to the Congress a full and complete report on his
activities under this paragraph.'' after first sentence, and added cls.
(ii) and (iii).
Pub. L. 103-296, Sec. 107(a)(4), in subpar. (B) as amended by Pub.
L. 103-296, Sec. 201(b)(3)(B)(i), substituted ``Commissioner of Social
Security'' for ``Secretary'' wherever appearing and ``Commissioner's''
for ``Secretary's'' in cl. (iii)(II)(aa).
Subsec. (e)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted
``Commissioner of Social Security'' for ``Secretary''.
Subsec. (f). Pub. L. 103-296, Sec. 204(a), designated existing
provisions as par. (1) and added par. (2).
Subsec. (f)(2)(B). Pub. L. 103-296, Sec. 107(a)(4), in subpar. (B)
as added by Pub. L. 103-296, Sec. 204(a), substituted ``Commissioner of
Social Security'' for ``Secretary''.
1993--Subsec. (c)(1). Pub. L. 103-66, Sec. 13735(a)(1), substituted
``(5), and (6)'' for ``and (5)''.
Subsec. (c)(6) to (8). Pub. L. 103-66, Sec. 13735(a)(2), (3), added
par. (6) and redesignated former pars. (6) and (7) as (7) and (8),
respectively.
1989--Subsec. (e)(1)(B). Pub. L. 101-239, Sec. 8010(b), inserted
``or an eligible individual is a child described in section
1382c(f)(2)(B) of this title,'' before ``the benefit under this
subchapter'' in introductory provisions.
Subsec. (f). Pub. L. 101-239, Sec. 8009(a), inserted ``(other than a
child described in section 1382c(a)(1)(B)(ii) of this title)'' after
``no individual''.
1988--Subsec. (e)(1)(B). Pub. L. 100-360 inserted at end ``For
purposes of this subsection, a hospital, extended care facility, nursing
home, or intermediate care facility which is a `medical institution or
nursing facility' within the meaning of section 1396p(c) of this title
shall be considered to be receiving payments with respect to an
individual under a State plan approved under subchapter XIX of this
chapter during any period of ineligibility of such individual provided
for under the State plan pursuant to section 1396p(c) of this title.''
1987--Subsec. (c)(1). Pub. L. 100-203, Sec. 9106(a)(1), substituted
``paragraphs (2), (3), (4), and (5)'' for ``paragraphs (2), (3), and
(4)''.
Subsec. (c)(5) to (7). Pub. L. 100-203, Sec. 9106(a)(2), (3), added
par. (5) and redesignated former pars. (5) and (6) as (6) and (7),
respectively.
Subsec. (e)(1)(A). Pub. L. 100-203, Sec. 9115(a)(1), substituted
``(E), and (G)'' for ``and (E)''.
Subsec. (e)(1)(B). Pub. L. 100-203, Sec. 9115(a)(2), inserted
``(subject to subparagraph (G))'' after ``throughout any month''.
Subsec. (e)(1)(B)(i) to (iii). Pub. L. 100-203, Sec. 9119(a), in
cls. (i) and (ii)(I) substituted ``$360 per year'' for ``$300 per year''
and in cl. (iii) substituted ``$720 per year'' for ``$600 per year''.
Subsec. (e)(1)(D). Pub. L. 100-203, Sec. 9113(a), substituted ``6
months in any 9-month period'' for ``three months in any 12-month
period''.
Subsec. (e)(1)(G), (H). Pub. L. 100-203, Sec. 9115(a)(3), added
subpars. (G) and (H).
Subsec. (e)(5). Pub. L. 100-203, Sec. 9107, substituted ``living in
the same hospital, home, or facility'' for ``sharing a room or
comparable accommodation in a hospital, home, or facility'' and ``lived
in the same such hospital, home, or facility'' for ``shared such a room
or accommodation''.
1986--Subsec. (d). Pub. L. 99-514 substituted ``Internal Revenue
Code of 1986'' for ``Internal Revenue Code of 1954''.
Subsec. (e)(1). Pub. L. 99-643, Sec. 3(a), in subpar. (A)
substituted ``(D), and (E)'' for ``and (D)'', in subpar. (B) inserted
``(subject to subparagraph (E))'' after ``shall be payable'', and added
subpars. (E) and (F).
Subsec. (e)(4). Pub. L. 99-643, Sec. 4(d)(1), struck out par. (4)
which read as follows: ``No benefit shall be payable under this
subchapter, except as provided in section 1382h of this title (or
section 1382e(c)(3) of this title), with respect to an eligible
individual or his eligible spouse who is an aged, blind, or disabled
individual solely by application of section 1382c(a)(3)(F) of this title
for any month, after the third month, in which he engages in substantial
gainful activity during the fifteen-month period following the end of
his trial work period determined by application of section
1382c(a)(4)(D)(i) of this title.''
Subsec. (e)(5). Pub. L. 99-643, Sec. 9(a), added par. (5).
Subsec. (i). Pub. L. 99-643, Sec. 4(c)(3), added subsec. (i).
1984--Subsec. (a)(1)(B). Pub. L. 98-369, Sec. 2611(a), substituted
``the applicable amount determined under paragraph (3)(A)'' for
``$2,250'' and ``the applicable amount determined under paragraph
(3)(B)'' for ``$1,500''.
Subsec. (a)(2)(B). Pub. L. 98-369, Sec. 2611(b), substituted ``the
applicable amount determined under paragraph (3)(A)'' for ``$2,250''.
Subsec. (a)(3). Pub. L. 98-369, Sec. 2611(c), added par. (3).
Subsec. (c). Pub. L. 98-369, Sec. 2663(g)(1), amended heading.
Subsec. (g). Pub. L. 98-369, Sec. 2663(g)(2), substituted ``or such
individual'' for ``or individuals'' in provisions following par. (3).
1983--Subsec. (e)(1)(A). Pub. L. 98-21, Sec. 403(a)(1), inserted
reference to subpar. (D).
Subsec. (e)(1)(D). Pub. L. 98-21, Sec. 403(a)(2), added subpar. (D).
1982--Subsec. (c)(1). Pub. L. 97-248, Sec. 183(a)(1), inserted
reference to pars. (3) and (4).
Subsec. (c)(2). Pub. L. 97-248, Sec. 181(a), in par. (2)
redesignated existing provisions as provisions preceding subpar. (A) and
subpar. (A), and added subpar. (B).
Subsec. (c)(3) to (6). Pub. L. 97-248, Secs. 181(a), 183(a)(2), (3),
struck out par. (3) providing that an application shall be effective as
of the first day of the month in which it is filed, added par. (3)
providing that an application shall be effective on the later of the
date it is filed or the date such individual first becomes eligible for
such benefits with respect to such application and redesignated such
par. (3) as (5), redesignated par. (4) as (6), and added pars. (3) and
(4).
1981--Subsec. (c). Pub. L. 97-35 substituted provision that
eligibility and benefit amount generally be determined on a one-month
retrospective basis, with for the first month of eligibility, the month
in which the application is filed, eligibility and benefit amount both
determined on a prospective basis for provision that eligibility and
benefit amount be determined on a quarterly prospective basis and
inserted provision authorizing the Secretary to grant waivers.
1980--Subsec. (e)(4). Pub. L. 96-265 added par. (4).
1976--Subsec. (e)(1)(A). Pub. L. 94-566, Sec. 505(a), inserted
reference to subparagraph (C).
Subsec. (e)(1)(B)(ii). Pub. L. 94-566, Sec. 502, inserted ``of the
one who is in such hospital, home, or facility'' after ``section
1382a(b) of this title'' in parenthetical provisions that follow ``the
rate of $300 per year'' and inserted ``(reduced by the amount of any
income, not excluded pursuant to section 1382a(b) of this title, of the
other)'' after ``the applicable rate specified in subsection (b)(1) of
this section''.
Subsec. (e)(1)(C). Pub. L. 94-566, Sec. 505(a), added subpar. (C).
1974--Pub. L. 93-368 inserted ``(or, if greater, the amount
determined under section 1382f of this title)'' after ``$1,752'' in
subsecs. (a)(1)(A) and (b)(1) and ``$2,628'' in subsecs. (a)(2)(A) and
(b)(2).
1973--Subsec. (a)(1)(A). Pub. L. 93-233, Sec. 4(b)(1), substituted
``$1,752'' for ``$1,680''.
Pub. L. 93-66, Sec. 210(a), substituted ``$1,680'' for ``$1,560''.
Subsec. (a)(2)(A). Pub. L. 93-233, Sec. 4(b)(2), substituted
``$2,628'' for ``$2,520''.
Pub. L. 93-66, Sec. 210(b), substituted ``$2,520'' for ``$2,340''.
Subsec. (b)(1). Pub. L. 93-233, Sec. 4(b)(1), substituted ``$1,752''
for ``$1,680''.
Pub. L. 93-66, Sec. 210(a), substituted ``$1,680'' for ``$1,560''.
Subsec. (b)(2). Pub. L. 93-233, Sec. 4(b)(2), substituted ``$2,628''
for ``$2,520''.
Pub. L. 93-66, Sec. 210(b), substituted ``$2,520'' for ``$2,340''.
Subsec. (g). Pub. L. 93-233, Sec. 18(d), incorporated existing
provisions in text designated as cl. (1), added cls. (2) and (3), and
substituted final December ``1973'' for ``1972''.
Subsec. (h). Pub. L. 93-233, Sec. 18(e), incorporated existing text
in provisions designated as cls. (1) and (2), added cls. (3) and (4),
redesignated former cls. (1) and (2) as items (A) and (B), and in item
(A) inserted ``under which he or they received such aid or assistance
for December 1973''.
Effective Date of 1999 Amendments
Amendment by section 402(a)(3) of Pub. L. 106-170 applicable to
individuals whose period of confinement in an institution commences on
or after the first day of the fourth month beginning after December
1999, see section 402(a)(4) of Pub. L. 106-170, set out as a note under
section 402 of Title 42, The Public Health and Welfare.
Pub. L. 106-170, title IV, Sec. 402(c)(4), Dec. 17, 1999, 113 Stat.
1909, provided that: ``The amendments made by this subsection [amending
this section] shall take effect as if included in the enactment of
section 203(a) of the Personal Responsibility and Work Opportunity
Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2186). The
reference to section 202(x)(1)(A)(ii) of the Social Security Act
[section 402(x)(1)(A)(ii) of this title] in section 1611(e)(1)(I)(i) of
the Social Security Act [subsec. (e)(1)(I)(i) of this section], as
amended by paragraph (2) of this subsection, shall be deemed a reference
to such section 202(x)(1)(A)(ii) of such Act as amended by subsection
(b)(1)(C) of this section.''
Amendment by section 207(c) of Pub. L. 106-169 applicable to
statements and representations made on or after Dec. 14, 1999, see
section 207(e) of Pub. L. 106-169, set out as a note under section 402
of this title.
Effective Date of 1997 Amendment
Amendment by Pub. L. 105-33 effective as if included in the
enactment of title II of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996, Pub. L. 104-193, see section
5528(a) of Pub. L. 105-33, set out as a note under section 903 of this
title.
Effective Date of 1996 Amendments
Amendment by section 108(j) of Pub. L. 104-193 effective July 1,
1997, with transition rules relating to State options to accelerate such
date, rules relating to claims, actions, and proceedings commenced
before such date, rules relating to closing out of accounts for
terminated or substantially modified programs and continuance in office
of Assistant Secretary for Family Support, and provisions relating to
termination of entitlement under AFDC program, see section 116 of Pub.
L. 104-193, as amended, set out as an Effective Date note under section
601 of this title.
Section 201(b) of Pub. L. 104-193 provided that: ``The amendment
made by this section [amending this section] shall take effect on the
date of the enactment of this Act [Aug. 22, 1996].''
Section 202(c) of Pub. L. 104-193 provided that: ``The amendments
made by this section [amending this section] shall take effect on the
date of the enactment of this Act [Aug. 22, 1996].''
Section 203(a)(2) of Pub. L. 104-193 provided that: ``The amendment
made by this subsection [amending this section] shall apply to
individuals whose period of confinement in an institution commences on
or after the first day of the seventh month beginning after the month in
which this Act is enacted [August 1996].''
Section 204(d) of Pub. L. 104-193 provided that:
``(1) In general.--The amendments made by this section [amending
this section and sections 1382c and 1383 of this title] shall apply to
applications for benefits under title XVI of the Social Security Act
[this subchapter] filed on or after the date of the enactment of this
Act [Aug. 22, 1996], without regard to whether regulations have been
issued to implement such amendments.
``(2) Benefits under title xvi.--For purposes of this subsection,
the term `benefits under title XVI of the Social Security Act' includes
supplementary payments pursuant to an agreement for Federal
administration under section 1616(a) of the Social Security Act [section
1382e(a) of this title], and payments pursuant to an agreement entered
into under section 212(b) of Public Law 93-66 [set out below].''
Section 214(b) of Pub. L. 104-193 provided that: ``The amendment
made by this section [amending this section] shall apply to benefits for
months beginning 90 or more days after the date of the enactment of this
Act [Aug. 22, 1996], without regard to whether regulations have been
issued to implement such amendments.''
Section 105(b)(5) of Pub. L. 104-121, as amended by Pub. L. 105-33,
title V, Sec. 5525(a), (b), Aug. 5, 1997, 111 Stat. 624, provided that:
``(A) The amendments made by paragraphs (1) and (4) [amending this
section and sections 1382c and 1383c of this title] shall apply to any
individual who applies for, or whose claim is finally adjudicated with
respect to, supplemental security income benefits under title XVI of the
Social Security Act [this subchapter] based on disability on or after
the date of the enactment of this Act [Mar. 29, 1996], and, in the case
of any individual who has applied for, and whose claim has been finally
adjudicated with respect to, such benefits before such date of
enactment, such amendments shall apply only with respect to such
benefits for months beginning on or after January 1, 1997.
``(B) The amendments made by paragraphs (2) and (3) [enacting
section 1383e of this title and amending section 1383 of this title]
shall take effect on July 1, 1996, with respect to any individual--
``(i) whose claim for benefits is finally adjudicated on or
after the date of the enactment of this Act [Mar. 29, 1996], or
``(ii) whose eligibility for benefits is based upon an
eligibility redetermination made pursuant to subparagraph (C).
``(C) Within 90 days after the date of the enactment of this Act
[Mar. 29, 1996], the Commissioner of Social Security shall notify each
individual who is eligible for supplemental security income benefits
under title XVI of the Social Security Act [this subchapter] for the
month in which this Act is enacted and whose eligibility for such
benefits would terminate by reason of the amendments made by this
subsection [enacting section 1383e of this title and amending this
section and sections 1382c, 1383, and 1383c of this title]. If such an
individual reapplies for supplemental security income benefits under
title XVI of such Act (as amended by this Act) within 120 days after the
date of the enactment of this Act, the Commissioner of Social Security
shall, not later than January 1, 1997, complete the eligibility
redetermination (including a new medical determination) with respect to
such individual pursuant to the procedures of such title.
``(D) For purposes of this paragraph, an individual's claim, with
respect to supplemental security income benefits under title XVI of the
Social Security Act [this subchapter] based on disability, which has
been denied in whole before the date of the enactment of this Act [Mar.
29, 1996], may not be considered to be finally adjudicated before such
date if, on or after such date--
``(i) there is pending a request for either administrative or
judicial review with respect to such claim, or
``(ii) there is pending, with respect to such claim, a
readjudication by the Commissioner of Social Security pursuant to
relief in a class action or implementation by the Commissioner of a
court remand order.
``(E) Notwithstanding the provisions of this paragraph, with respect
to any individual for whom the Commissioner does not perform the
eligibility redetermination before the date prescribed in subparagraph
(C), the Commissioner shall perform such eligibility redetermination in
lieu of a continuing disability review whenever the Commissioner
determines that the individual's eligibility is subject to
redetermination based on the preceding provisions of this paragraph, and
the provisions of section 1614(a)(4) of the Social Security Act [section
1382c(a)(4) of this title] shall not apply to such redetermination.
``(F) For purposes of this paragraph, the phrase `supplemental
security income benefits under title XVI of the Social Security Act'
includes supplementary payments pursuant to an agreement for Federal
administration under section 1616(a) of the Social Security Act [section
1382e(a) of this title] and payments pursuant to an agreement entered
into under section 212(b) of Public Law 93-66 [set out below].''
[Amendment by Pub. L. 105-33 to section 105(b)(5) of Pub. L. 104-
121, set out above, effective as if included in the enactment of section
105 of Pub. L. 104-121, see section 5528(c)(1) of Pub. L. 105-33, set
out as an Effective Date of 1997 Amendment note under section 903 of
this title.]
Effective Date of 1994 Amendment; Sunset Provision
Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar. 31,
1995, see section 110(a) of Pub. L. 103-296, set out as a note under
section 401 of this title.
Section 201(b)(3)(C), (E), of Pub. L. 103-296 provided that:
``(C) Sunset of 36-month rule.--Section 1611(e)(3)(A)(v) of the
Social Security Act [subsec. (e)(3)(A)(v) of this section] (added by
subparagraph (A) of this paragraph) shall cease to be effective with
respect to benefits for months after September 2004.
``(E) Effective date.--
``(i) In general.--Except as otherwise provided in this
paragraph [amending this section and section 1383c of this title and
enacting provisions set out as notes below], the amendments made by
this paragraph shall apply with respect to supplemental security
income benefits under title XVI of the Social Security Act [this
subchapter] by reason of disability which are otherwise payable in
months beginning after 180 days after the date of the enactment of
this Act [Aug. 15, 1994]. The Secretary of Health and Human Services
shall issue regulations necessary to carry out the amendments made
by this paragraph not later than 180 days after such date of
enactment.
``(ii) Referral and monitoring agencies.--The amendments made by
subparagraph (B) [amending this section] shall take effect 180 days
after the date of the enactment of this Act [Aug. 15, 1994].
``(iii) Termination after 36 months.--Clause (v) of section
1611(e)(3)(A) of the Social Security Act [subsec. (e)(3)(A) of this
section] (added by the amendment made by subparagraph (A) of this
paragraph) shall apply with respect to supplemental security income
benefits under title XVI of the Social Security Act [this
subchapter] by reason of disability for months beginning after 180
days after the date of the enactment of this Act [Aug. 15, 1994].''
Section 204(b) of Pub. L. 103-296 provided that: ``The amendment
made by subsection (a) [amending this section] shall take effect on
January 1, 1995.''
Effective Date of 1993 Amendment
Section 13735(b) of Pub. L. 103-66 provided that: ``The amendments
made by subsection (a) [amending this section] shall apply to benefits
paid for months after the calendar year 1994.''
Effective Date of 1989 Amendment
Section 8009(c) of Pub. L. 101-239 provided that: ``The amendments
made by subsections (a) and (b) [amending this section and section 1382c
of this title] shall apply with respect to benefits for months after
March 1990.''
Section 8010(c) of Pub. L. 101-239 provided that: ``The amendments
made by subsections (a) and (b) [amending this section and section 1382c
of this title] shall take effect on the 1st day of the 6th calendar
month beginning after the date of the enactment of this Act [Dec. 19,
1989].''
Effective Date of 1988 Amendment
Amendment by Pub. L. 100-360 applicable to transfers occurring on or
after July 1, 1988, without regard to whether or not final regulations
to carry out such amendment have been promulgated by such date, see
section 303(g)(3) of Pub. L. 100-360, set out as a note under section
1396r-5 of this title.
Effective Date of 1987 Amendment
Section 9106(b) of Pub. L. 100-203 provided that: ``The amendments
made by subsection (a) [amending this section] shall become effective
April 1, 1988.''
Section 9107 of Pub. L. 100-203 provided that the amendment made by
that section is effective Nov. 10, 1986.
Section 9113(b) of Pub. L. 100-203 provided that:
``(1) The amendment made by subsection (a) [amending this section]
shall become effective January 1, 1988.
``(2) In the application of section 1611(e)(1)(D) of the Social
Security Act [subsec. (e)(1)(D) of this section] on and after the
effective date of such amendment, months before January 1988 in which a
person was an eligible individual or eligible spouse by reason of such
section shall not be taken into account.''
Section 9115(c) of Pub. L. 100-203 provided that: ``The amendments
made by this section [amending this section and section 1396a of this
title] shall become effective July 1, 1988.''
Section 9119(c) of Pub. L. 100-203 provided that: ``The amendments
made by subsections (a) and (b) [amending this section and section 1382g
of this title] shall become effective July 1, 1988.''
Effective Date of 1986 Amendment
Amendment by sections 3(a) and 4(c)(3), (d)(1) of Pub. L. 99-643
effective July 1, 1987, except as otherwise provided, see section 10(b)
of Pub. L. 99-643, set out as a note under section 1396a of this title.
Section 9(b) of Pub. L. 99-643 provided that: ``The amendment made
by subsection (a) [amending this section] shall take effect on the date
of the enactment of this Act [Nov. 10, 1986].''
Effective Date of 1984 Amendment
Amendment by section 2611(a)-(c) of Pub. L. 98-369 effective Oct. 1,
1984, except as otherwise specifically provided, see section 2646 of
Pub. L. 98-369, set out as a note under section 657 of this title.
Amendment by section 2663(g)(1), (2) of Pub. L. 98-369 effective
July 18, 1984, but not to be construed as changing or affecting any
right, liability, status, or interpretation which existed (under the
provisions of law involved) before that date, see section 2664(b) of
Pub. L. 98-369, set out as a note under section 401 of this title.
Effective Date of 1983 Amendment
Section 403(b) of Pub. L. 98-21 provided that: ``The amendments made
by subsection (a) [amending this section] shall be effective with
respect to months after the month in which this Act is enacted [April
1983].''
Effective Date of 1982 Amendment
Section 181(b) of Pub. L. 97-248 provided that: ``The amendment made
by this section [amending this section] shall become effective on
October 1, 1982.''
Section 183(b) of Pub. L. 97-248 provided that: ``The amendment made
by subsection (a) [amending this section] shall become effective October
1, 1982.''
Effective Date of 1981 Amendment and Transitional Provisions
Section 2341(c) of Pub. L. 97-35 provided that:
``(1) The amendments made by this section [amending this section and
section 1382a of this title] shall be effective with respect to months
after the first calendar quarter which ends more than five months after
the month in which this Act is enacted [August 1981].
``(2) The Secretary of Health and Human Services may, under
conditions determined by him to be necessary and appropriate, make a
transitional payment or payments during the first two months for which
the amendments made by this section are effective. A transitional
payment made under this section shall be deemed to be a payment of
supplemental security income benefits.''
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-265 effective on first day of sixth month
which begins after June 9, 1980, and applicable with respect to any
individual whose disability has not been determined to have ceased prior
to such first day, see section 303(d) of Pub. L. 96-265, set out as a
note under section 402 of this title.
Effective Date of 1976 Amendment
Section 505(e) of Pub. L. 94-566 provided that: ``The amendments
[amending this section and section 1382a of this title] and repeals
[repealing section 1382e(e) of this title] made by this section, unless
otherwise specified therein, shall take effect on October 1, 1976.''
Effective Date of 1973 Amendments
Section 4(b) of Pub. L. 93-233 provided that the amendments made by
section 4(b)(1), (2) of Pub. L. 93-233 are effective with respect to
payments for months after June 1974.
Section 210(c) of Pub. L. 93-66, as amended Pub. L. 93-233,
Sec. 4(a)(1), Dec. 31, 1973, 87 Stat. 953, provided: ``The amendments
made by this section [amending this section] shall apply with respect to
payments for months after December 1973.''
Effective Date
Section 301 of Pub. L. 92-603 provided that this section is
effective Jan. 1, 1974.
Regulations
Section 215 of title II of Pub. L. 104-193 provided that: ``Within 3
months after the date of the enactment of this Act [Aug. 22, 1996], the
Commissioner of Social Security shall prescribe such regulations as may
be necessary to implement the amendments made by this subtitle [subtitle
B (Secs. 211-215) of title II of Pub. L. 104-193, amending this section,
sections 1382a to 1382c and 1383 of this title, sections 665e and 901 of
Title 2, The Congress, and provisions set out as a note under section
401 of this title, and repealing provisions set out as a note below].''
Construction of 1999 Amendment
Amendment by Pub. L. 106-170 to be executed as if Pub. L. 106-169
had been enacted after the enactment of Pub. L. 106-170, see section
121(c)(1) of Pub. L. 106-169, set out as a note under section 1396a of
this title.
Study of Denial of SSI Benefits for Family Farmers
Pub. L. 106-169, title II, Sec. 261, Dec. 14, 1999, 113 Stat. 1856,
provided that:
``(a) In General.--The Commissioner of Social Security shall conduct
a study of the reasons why family farmers with resources of less than
$100,000 are denied supplemental security income benefits under title
XVI of the Social Security Act [this subchapter], including whether the
deeming process unduly burdens and discriminates against family farmers
who do not institutionalize a disabled dependent, and shall determine
the number of such farmers who have been denied such benefits during
each of the preceding 10 years.
``(b) Report to the Congress.--Within 1 year after the date of the
enactment of this Act [Dec. 14, 1999], the Commissioner of Social
Security shall prepare and submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of the Senate
a report that contains the results of the study, and the determination,
required by subsection (a).''
Study of Other Potential Improvements in Collection of Information
Respecting Public Inmates
Section 203(b) of Pub. L. 104-193 provided that:
``(1) Study.--The Commissioner of Social Security shall conduct a
study of the desirability, feasibility, and cost of--
``(A) establishing a system under which Federal, State, and
local courts would furnish to the Commissioner such information
respecting court orders by which individuals are confined in jails,
prisons, or other public penal, correctional, or medical facilities
as the Commissioner may require for the purpose of carrying out
section 1611(e)(1) of the Social Security Act [subsec. (e)(1) of
this section]; and
``(B) requiring that State and local jails, prisons, and other
institutions that enter into agreements with the Commissioner under
section 1611(e)(1)(I) of the Social Security Act [subsec. (e)(1)(I)
of this section] furnish the information required by such agreements
to the Commissioner by means of an electronic or other sophisticated
data exchange system.
``(2) Report.--Not later than 1 year after the date of the enactment
of this Act [Aug. 22, 1996], the Commissioner of Social Security shall
submit a report on the results of the study conducted pursuant to this
subsection to the Committee on Finance of the Senate and the Committee
on Ways and Means of the House of Representatives.''
Additional Report to Congress
Section 203(c) of Pub. L. 104-193 provided that: ``Not later than
October 1, 1998, the Commissioner of Social Security shall provide to
the Committee on Finance of the Senate and the Committee on Ways and
Means of the House of Representatives a list of the institutions that
are and are not providing information to the Commissioner under section
1611(e)(1)(I) of the Social Security Act (as added by this section)
[subsec. (e)(1)(I) of this section].''
Study by General Accounting Office
Section 232 of title II of Pub. L. 104-193 provided that: ``Not
later than January 1, 1999, the Comptroller General of the United States
shall study and report on--
``(1) the impact of the amendments made by, and the provisions
of, this title [enacting section 1383f of this title, amending this
section, sections 1382a to 1382c, and 1383 of this title, and
sections 665e and 901 of Title 2, The Congress, enacting provisions
set out as notes under this section and sections 1382a, 1382c, and
1383 of this title, amending provisions set out as a note under
section 401 of this title, and repealing provisions set out as a
note below] on the supplemental security income program under title
XVI of the Social Security Act [this subchapter]; and
``(2) extra expenses incurred by families of children receiving
benefits under such title that are not covered by other Federal,
State, or local programs.''
Report to Congress on Referral, Monitoring and Treatment Activities
Relating to Alcoholics and Drug Addicts
Section 201(b)(3)(B)(ii) of Pub. L. 103-296, which directed
Secretary of Health and Human Services to submit to Congress, not later
than Dec. 31, 1996, a report on the Secretary's activities under subsec.
(e)(3)(B) of this section, was repealed by Pub. L. 105-33, title V,
Sec. 5525(c), Aug. 5, 1997, 111 Stat. 625.
Transition Rules for Current Beneficiaries
Section 201(b)(3)(F) of Pub. L. 103-296 provided that: ``In any case
in which an individual is eligible for supplemental security income
benefits under title XVI of the Social Security Act [this subchapter] by
reason of disability, the determination of disability was made by the
Secretary of Health and Human Services during or before the 180-day
period following the date of the enactment of this Act [Aug. 15, 1994],
and alcoholism or drug addiction is a contributing factor material to
the Secretary's determination that the individual is disabled, for
purposes of section 1611(e)(3)(A)(v) of the Social Security Act [subsec.
(e)(3)(A)(v) of this section] (added by the amendment made by
subparagraph (A) of this paragraph)--
``(i) the first month of such eligibility beginning after 180
days after the date of the enactment of this Act shall be treated as
the individual's first month of such eligibility; and
``(ii) the Secretary shall notify the individual of the
requirements of the amendments made by this paragraph [amending this
section and section 1383c of this title] no later than 180 days
after the date of the enactment of this Act.''
Commission on Childhood Disability
Section 202 of Pub. L. 103-296 provided for establishment of a
Commission on the Evaluation of Disability to conduct a study, in
consultation with the National Academy of Sciences, of effects of
definition of ``disability'' under this subchapter in effect on Aug. 15,
1994, as such definition applied to determining whether a child under
age of 18 was eligible to receive benefits under this subchapter, the
appropriateness of such definition, and the advantages and disadvantages
of using any alternative definition of disability in determining whether
a child under age 18 was eligible to receive benefits under this
subchapter, and further provided for contents of study, appointment of
Commission members, administrative provisions, assistance of experts,
and for submission of report to Congress not later than Nov. 30, 1995.
Disability Review Required for SSI Recipients Who Are 18 Years of Age
Section 207 of Pub. L. 103-296, which required applicable State
agency or Secretary of Health and Human Services to redetermine
eligibility of qualified individual for supplemental security income
benefits under this subchapter by reason of disability, by applying
criteria used in determining eligibility for such benefits of applicants
who have attained 18 years of age during 1-year period beginning on date
qualified individual attains 18 years of age, and Secretary to conduct
such redeterminations with respect to not less than \1/3\ of qualified
individuals in each of fiscal years 1996 through 1998, defined term
``qualified individual'', and provided that such redetermination was to
be considered substitute for review required under section
1382c(a)(3)(G) of this title, that redetermination requirement was to
have no force or effect after Oct. 1, 1998, and that not later than Oct.
1, 1998, Secretary was to submit to House Ways and Means and Senate
Finance Committees report on such activities, was repealed by Pub. L.
104-193, title II, Sec. 212(b)(2), Aug. 22, 1996, 110 Stat. 2193.
Continuing Disability Reviews
Section 208 of Pub. L. 103-296 provided that:
``(a) Temporary Annual Minimum Number of Reviews.--During each year
of the 3-year period that begins on October 1, 1995, the Secretary of
Health and Human Services shall apply section 221(i) of the Social
Security Act [section 421(i) of this title] in making disability
determinations under title XVI of such Act [this subchapter] with
respect to at least 100,000 recipients of supplemental security income
benefits under such title.
``(b) Report to the Congress.--Not later than October 1, 1998, the
Secretary of Health and Human Services shall submit to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate a report on the activities conducted under
subsection (a).''
Notification of Possible Benefit Availability to Potential Supplemental
Security Income Recipients
Section 405 of Pub. L. 98-21 provided that: ``Prior to July 1, 1984,
the Secretary of Health and Human Services shall notify all elderly
recipients of benefits under title II of the Social Security Act
[subchapter II of this chapter] who may be eligible for supplemental
security income benefits under title XVI of such Act [this subchapter]
of the availability of the supplemental security income program, and
shall encourage such recipients to contact the Social Security district
office. Such notification shall also be made to all recipients prior to
attainment of age 65, with the notification made with respect to
eligibility for supplementary medical insurance.''
Assistance Paid Under Certain Housing Acts Not Considered in Determining
Eligibility for Benefits Under This Subchapter; Effective Date
Pub. L. 94-375, Sec. 2(h), Aug. 3, 1976, 90 Stat. 1068, provided
that: ``Notwithstanding any other provision of law, the value of any
assistance paid with respect to a dwelling unit under the United States
Housing Act of 1937 [section 1437 et seq. of this title], the National
Housing Act [section 1701 et seq. of Title 12, Banks and Banking],
section 101 of the Housing and Urban Development Act of 1965 [section
1701s of Title 12 and sections 1451 and 1465 of this title], or title V
of the Housing Act of 1949 [section 1471 et seq. of this title] may not
be considered as income or a resource for the purpose of determining the
eligibility of, or the amount of the benefits payable to, any person
living in such unit for assistance under title XVI of the Social
Security Act [this subchapter]. This subsection shall become effective
on October 1, 1976.''
Special $50 Payment Under Tax Reduction Act of 1975
Special payment of $50 as soon as practicable after Mar. 29, 1975,
by the Secretary of the Treasury to each individual who, for the month
of March, 1975, was entitled to a benefit under the supplemental
security income benefits program established by this subchapter, see
section 702 of Pub. L. 94-12, set out as a note under section 402 of
this title.
Adjustment of Individual's Monthly Supplemental Security Income
Payments; Regulations; Limitations
Pub. L. 93-335, Sec. 2(b)(2), July 8, 1974, 88 Stat. 291, authorized
the Secretary of Health, Education, and Welfare to prescribe regulations
for the adjustment of an individual's monthly supplemental security
income payment in accordance with any increase to which such individual
might be entitled under the amendment made by subsection (a) of this
section [amending section 212(a)(3)(B)(i) of Pub. L. 93-66, set out
below]; provided that such adjustment in monthly payment, together with
the remittance of any prior unpaid increments to which such individual
might be entitled under such amendment, was to be made no later than the
first day of the first month beginning more than sixty days after July
8, 1974.
Medicaid Eligibility for Individuals Receiving Mandatory State
Supplementary Payments; Effective Date
Additional requirement for approval of subchapter XIX State plan for
medical assistance respecting medicaid eligibility for individuals
receiving mandatory State supplementary payments, see section 13(c) of
Pub. L. 93-233, set out as a note under section 1396a of this title.
Federal Program of Supplemental Security Income; Supplemental Security
Income Benefits for Essential Persons; Definitions of Qualified
Individual and Essential Person
Section 211 of Pub. L. 93-66, as amended by Pub. L. 93-233,
Sec. 4(a)(2), (b)(3), Dec. 31, 1973, 87 Stat. 953, provided that:
``(a)(1) In determining (for purposes of title XVI of the Social
Security Act [this subchapter], as in effect after December 1973) the
eligibility for and the amount of the supplemental security income
benefit payable to any qualified individual (as defined in subsection
(b)), with respect to any period for which such individual has in his
home an essential person (as defined in subsection (c))--
``(A) the dollar amounts specified in subsection (a)(1)(A) and
(2)(A), and subsection (b)(1) and (2), of section 1611 of such Act
[this section], shall each be increased by $876 for each such
essential person, and
``(B) the income and resources of such individual shall (for
purposes of such title XVI [this subchapter]) be deemed to include
the income and resources of such essential person;
except that the provisions of this subsection shall not, in the case of
any individual, be applicable for any period which begins in or after
the first month that such individual--
``(C) does not but would (except for the provisions of
subparagraph (B)) meet--
``(i) the criteria established with respect to income in
section 1611(a) of such Act [subsec. (a) of this section], or
``(ii) the criteria established with respect to resources by
such section 1611(a) [subsec. (a) of this section] (or, if
applicable, by section 1611(g) of such Act [subsec. (g) of this
section]).
``(2) The provisions of section 1611(g) of the Social Security Act
[subsec. (g) of this section] (as in effect after December 1973) shall,
in the case of any qualified individual (as defined in subsection (b)),
be applied so as to include, in the resources of such individual, the
resources of any person (described in subsection (b)(2)) whose needs
were taken into account in determining the need of such individual for
the aid or assistance referred to in subsection (b)(1).
``(b) For purposes of this section, an individual shall be a
`qualified individual' only if--
``(1) for the month of December 1973 such individual was a
recipient of aid or assistance under a State plan approved under
title I, X, XIV, or XVI of the Social Security Act [subchapter I, X,
XIV, or XVI of this chapter], and
``(2) in determining the need of such individual for such aid or
assistance for such month under such State plan, there were taken
into account the needs of a person (other than such individual)
who--
``(A) was living in the home of such individual, and
``(B) was not eligible (in his or her own right) for aid or
assistance under such State plan for such month.
``(c) The term `essential person', when used in connection with any
qualified individual, means a person who--
``(1) for the month of December 1973 was a person (described in
subsection (b)(2)) whose needs were taken into account in
determining the need of such individual for aid or assistance under
a State plan referred to in subsection (b)(1) as such State plan was
in effect for June 1973,
``(2) lives in the home of such individual,
``(3) is not eligible (in his or her own right) for supplemental
security income benefits under title XVI of the Social Security Act
[this subchapter] (as in effect after December 1973), and
``(4) is not the eligible spouse (as that term is used in such
title XVI [this subchapter]) of such individual or any other
individual.
If for any month after December 1973 any person fails to meet the
criteria specified in paragraph (2), (3), or (4) of the preceding
sentence, such person shall not, for such month or any month thereafter
be considered to be an essential person.''
[Amendment of section 211(a)(1)(A) of Pub. L. 93-66, set out above,
by Pub. L. 93-233 effective with respect to payments for months after
June 1974, see section 4(b) of Pub. L. 93-233.]
Mandatory Minimum State Supplementation of Supplemental Security Income
Benefits Program; December 1973 Income; Title XVI Benefit Plus Other
Income; Reduction of Amount; Administration Agreement; Payments to
Commissioner; State Constitutional Restriction
Section 212 of Pub. L. 93-66, as amended by Pub. L. 93-233, Sec. 10,
Dec. 31, 1973, 87 Stat. 957; Pub. L. 93-335, Sec. 2(a), July 8, 1974, 88
Stat. 291; Pub. L. 96-265, title II, Sec. 201(b)(2), June 9, 1980, 94
Stat. 446; Pub. L. 103-66, title XIII, Sec. 13731(a)(2), Aug. 10, 1993,
107 Stat. 661; Pub. L. 105-33, title V, Sec. 5102(a)(2), (b)(1)(B), Aug.
5, 1997, 111 Stat. 595, 596; Pub. L. 105-78, title V, Sec. 516(a)(2),
(b)(1)(B), Nov. 13, 1997, 111 Stat. 1518, 1519; Pub. L. 106-170, title
IV, Sec. 410(a)(2), Dec. 17, 1999, 113 Stat. 1916, provided that:
``(a)(1) In order for any State (other than the Commonwealth of
Puerto Rico, Guam, or the Virgin Islands) to be eligible for payments
pursuant to title XIX [subchapter XIX of this chapter], with respect to
expenditures for any quarter beginning after December 1973, such State
must have in effect an agreement with the Commissioner of Social
Security (hereinafter in this section referred to as the `Commissioner
of Social Security') whereby the State will provide to individuals
residing in the State supplementary payments as required under paragraph
(2).
``(2) Any agreement entered into by a State pursuant to paragraph
(1) shall provide that each individual who--
``(A) is an aged, blind, or disabled individual (within the
meaning of section 1614(a) of the Social Security Act [section
1382c(a) of this title], as enacted by section 301 of the Social
Security Amendments of 1972), and
``(B) for the month of December 1973 was a recipient of (and was
eligible to receive) aid or assistance (in the form of money
payments) under a State plan of such State (approved under title I,
X, XIV, or XVI, of the Social Security Act [subchapter I, X, XIV, or
XVI of this chapter])
shall be entitled to receive, from the State, the supplementary payment
described in paragraph (3) for each month, beginning with January 1974,
and ending with whichever of the following first occurs:
``(C) the month in which such individual dies, or
``(D) the first month in which such individual ceases to meet
the condition specified in subparagraph (A);
except that no individual shall be entitled to receive such
supplementary payment for any month, if, for such month, such individual
was ineligible to receive supplemental income benefits under title XVI
of the Social Security Act [this chapter] by reason of the provisions of
section 1611(e)(1)(A), (2), or (3) [subsec. (e)(1)(A), (2), or (3) of
this section], 1611(f) [subsec. (f) of this section], or 1615(c) of such
Act [section 1382d(c) of this title].
``(3)(A) The supplementary payment referred to in paragraph (2)
which shall be paid for any month to any individual who is entitled
thereto under an agreement entered into pursuant to this subsection
shall (except as provided in subparagraphs (D) and (E)) be an amount
equal to (i) the amount by which such individual's `December 1973
income' (as determined under subparagraph (B)) exceeds the amount of
such individual's `title XVI benefit plus other income' (as determined
under subparagraph (C)) for such month, or (ii) if greater, such amount
as the State may specify.
``(B) For purposes of subparagraph (A), an individual's `December
1973 income' means an amount equal to the aggregate of--
``(i) the amount of the aid or assistance (in the form of money
payments) which such individual would have received (including any
part of such amount which is attributable to meeting the needs of
any other person whose presence in such individual's home is
essential to such individual's well-being) for the month of December
1973 under a plan (approved under title I, X, XIV, or XVI, of the
Social Security Act [subchapter I, X, XIV, or XVI of this chapter])
of the State entering into an agreement under this subsection, if
the terms and conditions of such plan (relating to eligibility for
and amount of such aid or assistance payable thereunder) were, for
the month of December 1973, the same as those in effect, under such
plan, for the month of June 1973, together with the bonus value of
food stamps for January 1972, as defined in section 401(b)(3) of
Public Law 92-603 [set out as a note under section 1382e of this
title], if, for such month, such individual resides in a State which
provides State supplementary payments (I) of the type described in
section 1616(a) of the Social Security Act [section 1382e(a) of this
title], and (II) the level of which has been found by the
Commissioner of Social Security pursuant to section 8 of Public Law
93-233 [set out as notes under section 1382e of this title and
sections 612c, 1431 and 2012 of Title 7, Agriculture] to have been
specifically increased so as to include the bonus value of food
stamps, and
``(ii) the amount of the income of such individual (other than
the aid or assistance described in clause (i)) received by such
individual in December 1973, minus any such income which did not
result, but which if properly reported would have resulted in a
reduction in the amount of such aid or assistance.
``(C) For purposes of subparagraph (A), the amount of an
individual's `title XVI benefit plus other income' for any month means
an amount equal to the aggregate of--
``(i) the amount (if any) of the supplemental security income
benefit to which such individual is entitled for such month under
title XVI of the Social Security Act [this subchapter], and
``(ii) the amount of any income of such individual for such
month (other than income in the form of a benefit described in
clause (i)).
``(D) If the amount determined under subparagraph (B)(i) includes,
in the case of any individual, an amount which was payable to such
individual solely because of--
``(i) a special need of such individual (including any special
allowance for housing, or the rental value of housing furnished in
kind to such individual in lieu of a rental allowance) which existed
in December 1973, or
``(ii) any special circumstance (such as the recognition of the
needs of a person whose presence in such individual's home, in
December 1973, was essential to such individual's well-being),
and, if for any month after December 1973 there is a change with respect
to such special need or circumstance which, if such change had existed
in December 1973, the amount described in subparagraph (B)(i) with
respect to such individual would have been reduced on account of such
change, then, for such month and for each month thereafter the amount of
the supplementary payment payable under the agreement entered into under
this subsection to such individual shall (unless the State, at its
option, otherwise specifies) be reduced by an amount equal to the amount
by which the amount (described in subparagraph (B)(i)) would have been
so reduced.
``(E)(i) In the case of an individual who, for December 1973 lived
as a member of a family unit other members of which received aid (in the
form of money payments) under a State plan of a State approved under
part A of title IV of the Social Security Act [part A of subchapter IV
of this chapter], such State at its option, may (subject to clause (ii))
reduce such individual's December 1973 income (as determined under
subparagraph (B)) to such extent as may be necessary to cause the
supplementary payment (referred to in paragraph (2)) payable to such
individual for January 1974 or any month thereafter to be reduced to a
level designed to assure that the total income of such individual (and
of the members of such family unit) for any month after December 1973
does not exceed the total income of such individual (and of the members
of such family unit) for December 1973.
``(ii) The amount of the reduction (under clause (i)) of any
individual's December 1973 income shall not be in an amount which would
cause the supplementary payment (referred to in paragraph (2)) payable
to such individual to be reduced below the amount of such supplementary
payment which would be payable to such individual if he had, for the
month of December 1973 not lived in a family, members of which were
receiving aid under part A of title IV of the Social Security Act [part
A of subchapter IV of this chapter], and had had no income for such
month other than that received as aid or assistance under a State plan
approved under title I, X, XIV, or XVI of the Social Security Act
[subchapter I, X, XIV, or XVI of this chapter].
``(4) Any State having an agreement with the Commissioner of Social
Security under paragraph (1) may, at its option, include individuals
receiving benefits under section 1619 of the Social Security Act
[section 1382h of this title], or who would be eligible to receive such
benefits but for their income, under the agreement as though they are
aged, blind, or disabled individuals as specified in paragraph (2)(A).
``(b)(1) Any State having an agreement with the Commissioner of
Social Security under subsection (a) may enter into an administration
agreement with the Commissioner of Social Security whereby the
Commissioner of Social Security will, on behalf of such State, make the
supplementary payments required under the agreement entered into under
subsection (a).
``(2) Any such administration agreement between the Commissioner of
Social Security and a State entered into under this subsection shall
provide that the State will (A) certify to the Commissioner of Social
Security the names of each individual who, for December 1973, was a
recipient of aid or assistance (in the form of money payments) under a
plan of such State approved under title I, X, XIV, or XVI of the Social
Security Act [subchapter I, X, XIV, or XVI of this chapter], together
with the amount of such assistance payable to each such individual and
the amount of such individual's December 1973 income (as defined in
subsection (a)(3)(B)), and (B) provide the Commissioner of Social
Security with such additional data at such times as the Commissioner of
Social Security may reasonably require in order properly, economically,
and efficiently to carry out such administration agreement.
``(3)(A) Any State which has entered into an administration
agreement under this subsection shall, in accordance with subparagraph
(E), pay to the Commissioner of Social Security an amount equal to the
expenditures made by the Commissioner of Social Security as
supplementary payments to individuals entitled thereto under the
agreement entered into with such State under subsection (a), plus an
administration fee assessed in accordance with subparagraph (B) and any
additional services fee charged in accordance with subparagraph (C).
``(B)(i) The Commissioner of Social Security shall assess each State
an administration fee in an amount equal to--
``(I) the number of supplementary payments made by the
Commissioner of Social Security on behalf of the State under this
subsection for any month in a fiscal year; multiplied by
``(II) the applicable rate for the fiscal year.
``(ii) As used in clause (i), the term `applicable rate' means--
``(I) for fiscal year 1994, $1.67;
``(II) for fiscal year 1995, $3.33;
``(III) for fiscal year 1996, $5.00;
``(IV) for fiscal year 1997, $5.00;
``(V) for fiscal year 1998, $6.20;
``(VI) for fiscal year 1999, $7.60;
``(VII) for fiscal year 2000, $7.80;
``(VIII) for fiscal year 2001, $8.10;
``(IX) for fiscal year 2002, $8.50; and
``(X) for fiscal year 2003 and each succeeding fiscal year--
``(aa) the applicable rate in the preceding fiscal year,
increased by the percentage, if any, by which the Consumer Price
Index for the month of June of the calendar year of the increase
exceeds the Consumer Price Index for the month of June of the
calendar year preceding the calendar year of the increase, and
rounded to the nearest whole cent; or
``(bb) such different rate as the Commissioner determines is
appropriate for the State.
``(iii) Upon making a determination under clause (ii)(X)(bb), the
Commissioner of Social Security shall promulgate the determination in
regulations, which may take into account the complexity of administering
the State's supplementary payment program.
``(iv) All fees assessed pursuant to this subparagraph shall be
transferred to the Commissioner of Social Security at the same time that
amounts for such supplementary payments are required to be so
transferred.
``(C)(i) The Commissioner of Social Security may charge a State an
additional services fee if, at the request of the State, the
Commissioner of Social Security provides additional services beyond the
level customarily provided, in the administration of State supplementary
payments pursuant to this subsection.
``(ii) The additional services fee shall be in an amount that the
Commissioner of Social Security determines is necessary to cover all
costs (including indirect costs) incurred by the Federal Government in
furnishing the additional services referred to in clause (i).
``(D)(i) The first $5 of each administration fee assessed pursuant
to subparagraph (B), upon collection, shall be deposited in the general
fund of the Treasury of the United States as miscellaneous receipts.
``(ii) The portion of each administration fee in excess of $5, and
100 percent of each additional services fee charged pursuant to
subparagraph (C), upon collection for fiscal year 1998 and each
subsequent fiscal year, shall be credited to a special fund established
in the Treasury of the United States for State supplementary payment
fees. The amounts so credited, to the extent and in the amounts provided
in advance in appropriations Acts, shall be available to defray expenses
incurred in carrying out this section and title XVI of the Social
Security Act [this subchapter] and related laws.
``(E)(i) Any State which has entered into an agreement with the
Commissioner of Social Security under this section shall remit the
payments and fees required under this paragraph with respect to monthly
benefits paid to individuals under title XVI of the Social Security Act
[this subchapter] no later than--
``(I) the business day preceding the date that the Commissioner
pays such monthly benefits; or
``(II) with respect to such monthly benefits paid for the month
that is the last month of the State's fiscal year, the fifth
business day following such date.
``(ii) The Cash Management Improvement Act of 1990 [see Short Title
of 1990 Amendment note set out under section 6501 of Title 31, Money and
Finance] shall not apply to any payments or fees required under this
paragraph that are paid by a State before the date required by clause
(i).
``(iii) Notwithstanding clause (i), the Commissioner may make
supplementary payments on behalf of a State with funds appropriated for
payment of supplemental security income benefits under title XVI of the
Social Security Act [this subchapter], and subsequently to be reimbursed
for such payments by the State at such times as the Commissioner and
State may agree. Such authority may be exercised only if extraordinary
circumstances affecting a State's ability to make payment when required
by clause (i) are determined by the Commissioner to exist.
``(c)(1) Supplementary payments made pursuant to an agreement
entered into under subsection (a) shall be excluded under section
1612(b)(6) of the Social Security Act [section 1382a(b)(6) of this
title] (as in effect after December 1973) in determining income of
individuals for purposes of title XVI of such Act [this subchapter] (as
so in effect).
``(2) Supplementary payments made by the Commissioner of Social
Security (pursuant to an administration agreement entered into under
subsection (b)) shall, for purposes of section 401 of the Social
Security Amendments of 1972 [set out as a note under section 1382e of
this title], be considered to be payments made under an agreement
entered into under section 1616 of the Social Security Act [section
1382e of this title] (as enacted by section 301 of the Social Security
Amendments of 1972); except that nothing in this paragraph shall be
construed to waive, with respect to the payments so made by the
Commissioner of Social Security, the provisions of subsection (b) of
such section 401 [set out as a note under section 1382e of this title].
``(d) For purposes of subsection (a)(1), a State shall be deemed to
have entered into an agreement under subsection (a) of this section if
such State has entered into an agreement with the Commissioner of Social
Security under section 1616 of the Social Security Act [section 1382e of
this title] under which--
``(1) individuals, other than individuals described in
subsection (a)(2)(A) and (B), are entitled to receive supplementary
payments, and
``(2) supplementary benefits are payable, to individuals
described in subsection (a)(2)(A) and (B) at a level and under terms
and conditions which meet the minimum requirements specified in
subsection (a).
``(e) Except as the Commissioner of Social Security may by
regulations otherwise provide, the provisions of title XVI of the Social
Security Act [this subchapter] (as enacted by section 301 of the Social
Security Amendments of 1972), including the provisions of part B of such
title [part B of this subchapter], relating to the terms and conditions
under which the benefits authorized by such title [this subchapter] are
payable shall, where not inconsistent with the purposes of this section,
be applicable to the payments made under an agreement under subsection
(b) of this section; and the authority conferred upon the Commissioner
of Social Security by such title [this subchapter] may, where
appropriate, be exercised by him in the administration of this section.
``(f) The provisions of subsection (a)(1) shall not be applicable in
the case of any State--
``(1) the Constitution of which contains provisions which make
it impossible for such State to enter into and commence carrying out
(on January 1, 1974) an agreement referred to in subsection (a), and
``(2) the Attorney General (or other appropriate State official)
of which has, prior to July 1, 1973, made a finding that the State
Constitution of such State contains limitations which prevent such
State from making supplemental payments of the type described in
section 1616 of the Social Security Act [section 1382e of this
title].''
[For effective date of amendment to section 212 of Pub. L. 93-66,
set out above, by Pub. L. 106-170, see section 410(b) of Pub. L. 106-
170, set out as an Effective Date of 1999 Amendment note under section
1382e of this title.]
[For effective date of amendment to section 212 of Pub. L. 93-66,
set out above, by Pub. L. 103-66, see section 13731(b) of Pub. L. 103-
66, set out as an Effective Date of 1993 Amendment note under section
1382e of this title.]
[Section 2(b)(1) of Pub. L. 93-335, July 8, 1974, 88 Stat. 291,
provided that the amendment of section 212 of Pub. L. 93-66, set out
above, by Pub. L. 93-335 is effective Jan. 1, 1974.]
[Amendment of section 212 of Pub. L. 93-66, set out above, by Pub.
L. 96-265 effective Jan. 1, 1981, see section 201(d) of Pub. L. 96-265,
as amended, set out as an Effective Date note under section 1382h of
this title.]
Application to Northern Mariana Islands
For applicability of this section to the Northern Mariana Islands,
see section 502(a)(1) of the Covenant to Establish a Commonwealth of the
Northern Mariana Islands in Political Union with the United States of
America and Proc. No. 4534, Oct. 24, 1977, 42 F.R. 6593, set out as
notes under section 1801 of Title 48, Territories and Insular
Possessions.
Puerto Rico, Guam, and Virgin Islands
Enactment of section 1602 of the Social Security Act [this section]
by Pub. L. 92-603, eff. Jan. 1, 1974, was 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. Therefore, as to Puerto
Rico, Guam, and the Virgin Islands, section 1602 of the Social Security
Act [this section] as it existed prior to reenactment by Pub. L. 92-603,
and as amended, continues to apply and reads as follows:
Sec. 1382. State plans for aid to aged, blind, or disabled
(a) Contents
A State plan for aid to the aged, blind, or disabled, must--
(1) except to the extent permitted by the Commissioner of Social
Security 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 aid or
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 Commissioner of Social
Security 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 Commissioner of
Social Security 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 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 Commissioner of
Social Security may from time to time require, and comply with such
provisions as the Commissioner of Social Security may from time to
time find necessary to assure the correctness and verification of
such reports;
(7) 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;
(8) provide that all individuals wishing to make application for
aid or assistance under the plan shall have opportunity to do so,
and that such aid or assistance shall be furnished with reasonable
promptness to all eligible individuals;
(9) provide, if the plan includes aid or assistance to or on
behalf of 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;
(10) provide a description of the services (if any) which the
State agency makes available (using whatever internal organizational
arrangement it finds appropriate for this purpose) to applicants for
or recipients of aid or assistance under the plan to help them
attain self-support or self-care, 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;
(11) provide that no aid or assistance will be furnished any
individual under the plan with respect to any period with respect to
which he is receiving assistance under the State plan approved under
subchapter I of this chapter or assistance under a State program
funded under part A of subchapter IV of this chapter or under
subchapter X or XIV of this chapter;
(12) 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;
(13) include reasonable standards, consistent with the
objectives of this subchapter, for determining eligibility for and
the extent of aid or assistance under the plan;
(14) provide that the State agency shall, in determining need
for aid to the aged, blind, or disabled, take into consideration any
other income and resources of an individual claiming such aid, as
well as any expenses reasonably attributable to the earning of any
such income; except that, in making such determination with respect
to any individual--
(A) if such individual is blind, the State agency (i) shall
disregard the first $85 per month of earned income plus one-half
of earned income in excess of $85 per month, and (ii) shall, for
a period not in excess of 12 months, and may, for a period not
in excess of 36 months, disregard such additional amounts of
other income and resources, in the case of any such individual
who has a plan for achieving self-support approved by the State
agency, as may be necessary for the fulfillment of such plan,
(B) if such individual is not blind but is permanently and
totally disabled, (i) of the first $80 per month of earned
income, the State agency may disregard not more than the first
$20 thereof plus one-half of the remainder, and (ii) the State
agency may, for a period not in excess of 36 months, disregard
such additional amounts of other income and resources, in the
case of any such individual who has a plan for achieving self-
support approved by the State agency, as may be necessary for
the fulfillment of such plan, but only with respect to the part
or parts of such period during substantially all of which he is
actually undergoing vocational rehabilitation,
(C) if such individual has attained age 65 and is neither
blind nor permanently and totally disabled, of the first $80 per
month of earned income the State agency may disregard not more
than the first $20 thereof plus one-half of the remainder, and
(D) the State agency may, before disregarding the amounts
referred to above in this paragraph (14), disregard not more
than $7.50 of any income; and
(15) provide that information is requested and exchanged for
purposes of income and eligibility verification in accordance with a
State system which meets the requirements of section 1320b-7 of this
title.
Notwithstanding paragraph (3), if on January 1, 1962, and on the date on
which a State submits its plan for approval under this subchapter, the
State agency which administered or supervised the administration of the
plan of such State approved under subchapter X of this chapter 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, the State agency which administered or supervised the
administration of such plan approved under subchapter X of this chapter
may be designated to administer or supervise the administration of the
portion of the State plan for aid 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) Approval by Commissioner
The Commissioner of Social Security shall approve any plan which
fulfills the conditions specified in subsection (a) of this section,
except that the Commissioner shall not approve any plan which imposes,
as a condition of eligibility for aid or assistance under the plan--
(1) an age requirement of more than sixty-five years; or
(2) any residence requirement which excludes any resident of the
State who has resided therein five years during the nine years
immediately preceding the application for such aid and has resided
therein continuously for one year immediately preceding the
application; or
(3) any citizenship requirement which excludes any citizen of
the United States.
At the option of the State, the plan may provide that manuals and other
policy issuances will be furnished to persons without charge for the
reasonable cost of such materials, but such provision shall not be
required by the Commissioner of Social Security as a condition for the
approval of such plan under this subchapter. In the case of any State to
which the provisions of section 344 of the Social Security Act
Amendments of 1950 were applicable on January 1, 1962, and to which the
sentence of section 1202(b) of this title following paragraph (2)
thereof is applicable on the date on which its State plan for aid to the
aged, blind, or disabled was submitted for approval under this
subchapter, the Commissioner of Social Security shall approve the plan
of such State for aid to the aged, blind, or disabled for purposes of
this subchapter, even though it does not meet the requirements of
paragraph (14) of subsection (a) of this section, if it meets all other
requirements of this subchapter for an approved plan for aid to the
aged, blind, or disabled; but payments under section 1383 of this title
shall be made, in the case of any such plan, only with respect to
expenditures thereunder which would be included as expenditures for the
purposes of section 1383 of this title under a plan approved under this
section without regard to the provisions of this sentence.
(c) Limitation on number of plans
Subject to the last sentence of subsection (a) of this section,
nothing in this subchapter shall be construed to permit a State to have
in effect with respect to any period more than one State plan approved
under this subchapter.
(Aug. 14, 1935, ch. 531, title XVI, Sec. 1602, as added July 25, 1962,
Pub. L. 87-543, title I, Sec. 141(a), 76 Stat. 198; amended Oct. 13,
1964, Pub. L. 88-650, Sec. 5(b), 78 Stat. 1078; July 30, 1965, Pub. L.
89-97, title II, Sec. 221(d)(3), title IV, Sec. 403(e), 79 Stat. 358,
418; Jan. 2, 1968, Pub. L. 90-248, title II, Secs. 210(a)(5), 213(a)(4),
241(d), 81 Stat. 896, 898, 917; Oct. 30, 1972, Pub. L. 92-603, title IV,
Secs. 405(d), 406(d), 407(d), 410(d), 413(d), 86 Stat. 1488, 1489, 1491,
1492; Aug. 13, 1981, Pub. L. 97-35, title XXI, Sec. 2184(d)(4), 95 Stat.
817; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec. 2651(h), 98
Stat. 1150; Aug. 15, 1994, Pub. L. 103-296, title I, Sec. 107(a)(4), 108
Stat. 1478; Aug. 22, 1996, Pub. L. 104-193, title I, Sec. 108(i), 110
Stat. 2169.)
[Amendment by Pub. L. 104-193 effective July 1, 1997, with
transition rules relating to State options to accelerate such date,
rules relating to claims, actions, and proceedings commenced before such
date, rules relating to closing out of accounts for terminated or
substantially modified programs and continuance in office of Assistant
Secretary for Family Support, and provisions relating to termination of
entitlement under AFDC program, see section 116 of Pub. L. 104-193, as
amended, set out as an Effective Date note under section 601 of this
title.]
[Amendment by section 107(a)(4) of Pub. L. 103-296 effective Mar.
31, 1995, see section 110(a) of Pub. L. 103-296, set out as an Effective
Date of 1994 Amendment note under section 401 of this title.]
Section Referred to in Other Sections
This section is referred to in sections 402, 1315, 1320b-19, 1382a,
1382b, 1382c, 1382d, 1382e, 1382f, 1382g, 1382h, 1382i, 1382j, 1383,
1385, 1396a, 1396b, 1396d, 1396r, 1396v, 4728, 8624, 11398 of this
title; title 5 section 552a; title 7 section 2020.