Attachment 1 Authorizing Legislation

42 USC 1310
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER XI - GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE
SIMPLIFICATION
Part A - General Provisions
§ 1310. Cooperative research or demonstration projects
(a) In general
(1) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1957,
$5,000,000 and for each fiscal year thereafter such sums as the Congress may determine for
(A) making grants to States and public and other organizations and agencies for paying part
of the cost of research or demonstration projects such as those relating to the prevention and
reduction of dependency, or which will aid in effecting coordination of planning between
private and public welfare agencies or which will help improve the administration and
effectiveness of programs carried on or assisted under this chapter and programs related
thereto, and
(B) making contracts or jointly financed cooperative arrangements with States and public
and other organizations and agencies for the conduct of research or demonstration projects
relating to such matters.
(2) No contract or jointly financed cooperative arrangement shall be entered into, and no grant
shall be made, under paragraph (1), until the Secretary (or the Commissioner, with respect to
any jointly financed cooperative agreement or grant concerning subchapters II or XVI of this
chapter) obtains the advice and recommendations of specialists who are competent to evaluate
the proposed projects as to soundness of their design, the possibilities of securing productive
results, the adequacy of resources to conduct the proposed research or demonstrations, and their
relationship to other similar research or demonstrations already completed or in process.
(3) Grants and payments under contracts or cooperative arrangements under paragraph (1) may
be made either in advance or by way of reimbursement, as may be determined by the Secretary (or
the Commissioner, with respect to any jointly financed cooperative agreement or grant concerning
subchapter II or XVI of this chapter); and shall be made in such installments and on such conditions
as the Secretary (or the Commissioner, as applicable) finds necessary to carry out the purposes
of this subsection.
(b) Limitations and costs
(1) The Commissioner is authorized to waive any of the requirements, conditions, or limitations
of subchapter XVI of this chapter (or to waive them only for specified purposes, or to impose
additional requirements, conditions, or limitations) to such extent and for such period as the
Commissioner finds necessary to carry out one or more experimental, pilot, or demonstration
projects which, in the Commissioner’s judgment, are likely to assist in promoting the objectives
or facilitate the administration of such subchapter. Any costs for benefits under or administration
of any such project (including planning for the project and the review and evaluation of the project
and its results), in excess of those that would have been incurred without regard to the project,
shall be met by the Commissioner from amounts available to the Commissioner for this purpose
from appropriations made to carry out such subchapter. The costs of any such project which
is carried out in coordination with one or more related projects under other subchapters of this
chapter shall be allocated among the appropriations available for such projects and any Trust Funds
involved, in a manner determined by the Commissioner with respect to the old-age, survivors, and
disability insurance programs under subchapter II of this chapter and the supplemental security
income program under subchapter XVI of this chapter, and by the Secretary with respect to other
subchapters of this chapter, taking into consideration the programs (or types of benefit) to which
the project (or part of a project) is most closely related or which the project (or part of a project)
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42 USC 1310
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

is intended to benefit. If, in order to carry out a project under this subsection, the Commissioner
requests a State to make supplementary payments (or the Commissioner makes them pursuant
to an agreement under section 1382e of this title) to individuals who are not eligible therefor,
or in amounts or under circumstances in which the State does not make such payments, the
Commissioner shall reimburse such State for the non-Federal share of such payments from amounts
appropriated to carry out subchapter XVI of this chapter. If, in order to carry out a project under
this subsection, the Secretary requests a State to provide medical assistance under its plan approved
under subchapter XIX of this chapter to individuals who are not eligible therefor, or in amounts
or under circumstances in which the State does not provide such medical assistance, the Secretary
shall reimburse such State for the non-Federal share of such assistance from amounts appropriated
to carry out subchapter XVI of this chapter, which shall be provided by the Commissioner to the
Secretary for this purpose.
(2) With respect to the participation of recipients of supplemental security income benefits in
experimental, pilot, or demonstration projects under this subsection—
(A) the Commissioner is not authorized to carry out any project that would result in a
substantial reduction in any individual’s total income and resources as a result of his or her
participation in the project;
(B) the Commissioner may not require any individual to participate in a project; and the
Commissioner shall assure
(i) that the voluntary participation of individuals in any project is obtained through
informed written consent which satisfies the requirements for informed consent
established by the Commissioner for use in any experimental, pilot, or demonstration
project in which human subjects are at risk, and
(ii) that any individual’s voluntary agreement to participate in any project may be
revoked by such individual at any time;
(C) the Commissioner shall, to the extent feasible and appropriate, include recipients who
are under age 18 as well as adult recipients; and
(D) the Commissioner shall include in the projects carried out under this section such
experimental, pilot, or demonstration projects as may be necessary to ascertain the feasibility
of treating alcoholics and drug addicts to prevent the onset of irreversible medical conditions
which may result in permanent disability, including programs in residential care treatment
centers.
(c) Survey of use of payments
(1) In addition to the amount otherwise appropriated in any other law to carry out subsection (a)
of this section for fiscal year 2004, up to $8,500,000 is authorized and appropriated and shall be
used by the Commissioner of Social Security under this subsection for purposes of conducting a
statistically valid survey to determine how payments made to individuals, organizations, and State
or local government agencies that are representative payees for benefits paid under subchapter II
or XVI of this chapter are being managed and used on behalf of the beneficiaries for whom such
benefits are paid.
(2) Not later than 18 months after March 2, 2004, the Commissioner of Social Security shall
submit a report on the survey conducted in accordance with paragraph (1) to the Committee on
Ways and Means of the House of Representatives and the Committee on Finance of the Senate.
(Aug. 14, 1935, ch. 531, title XI, § 1110, as added Aug. 1, 1956, ch. 836, title III, § 331, 70 Stat. 850;
amended Pub. L. 90–248, title II, § 246, Jan. 2, 1968, 81 Stat. 918; Pub. L. 96–265, title V, § 505(b), June
9, 1980, 94 Stat. 474; Pub. L. 98–369, div. B, title III, § 2331(a), July 18, 1984, 98 Stat. 1088; Pub. L.
99–272, title XII, § 12101(d), Apr. 7, 1986, 100 Stat. 283; Pub. L. 103–296, title I, § 108(b)(7), Aug. 15,
1994, 108 Stat. 1482; Pub. L. 105–33, title V, § 5524, Aug. 5, 1997, 111 Stat. 623; Pub. L. 106–170, title

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42 USC 1310
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

IV, § 404(a), Dec. 17, 1999, 113 Stat. 1910; Pub. L. 108–203, title I, § 107(a), Mar. 2, 2004, 118 Stat.
506.)
Amendments
2004—Subsec. (c). Pub. L. 108–203 added subsec. (c).
1999—Subsec. (a)(3). Pub. L. 106–170 substituted “subchapter II or XVI” for “subchapter XVI”.
1997—Subsec. (a)(3). Pub. L. 105–33 inserted “(or the Commissioner, with respect to any jointly financed cooperative
agreement or grant concerning subchapter XVI of this chapter)” after “Secretary” the first place appearing and “(or
the Commissioner, as applicable)” after “Secretary” the second place appearing.
1994—Subsec. (a)(2). Pub. L. 103–296, § 108(b)(7)(B), inserted “(or the Commissioner, with respect to any jointly
financed cooperative agreement or grant concerning subchapters II or XVI of this chapter)” after “Secretary”.
Subsec. (b)(1). Pub. L. 103–296, § 108(b)(7)(A), (C), in first sentence substituted “The Commissioner” for “The
Secretary”, “as the Commissioner” for “as he”, and “in the Commissioner’s judgment” for “in his judgment”, in second
sentence substituted “by the Commissioner” for “by the Secretary” and “available to the Commissioner” for “available
to him”, in third sentence substituted “determined by the Commissioner with respect to the old-age, survivors, and
disability insurance programs under subchapter II of this chapter and the supplemental security income program under
subchapter XVI of this chapter, and by the Secretary with respect to other subchapters of this chapter,” for “determined
by the Secretary,”, and substituted fourth and fifth sentences for former fourth sentence which read as follows: “If, in
order to carry out a project under this subsection, the Secretary requests a State to make supplementary payments (or
makes them himself pursuant to an agreement under section 1382e of this title), or to provide medical assistance under
its plan approved under subchapter XIX of this chapter, to individuals who are not eligible therefor, or in amounts or
under circumstances in which the State does not make such payments or provide such medical assistance, the Secretary
shall reimburse such State for the non-Federal share of such payments or assistance from amounts appropriated to
carry out subchapter XVI of this chapter.”
Subsec. (b)(2). Pub. L. 103–296, § 108(b)(7)(A), (D), substituted “the Commissioner” for “the Secretary” wherever
appearing and “the Commissioner shall” for “he shall” in subpar. (B).
Subsec. (b)(3). Pub. L. 103–296, § 108(b)(7)(E), struck out par. (3) which read as follows: “All reports of the Secretary
with respect to projects carried out under this subsection shall be incorporated into the Secretary’s annual report to
the Congress required by section 904 of this title.”
1986—Subsec. (b)(3). Pub. L. 99–272 added par. (3).
1984—Subsec. (a)(1)(A). Pub. L. 98–369 struck out “nonprofit” before first reference to “organizations and agencies”.
1980—Pub. L. 96–265 redesignated provisions of subsec. (a) and cls. (1) and (2) thereof as subsec. (a)(1) and cls. (A)
and (B) thereof, respectively, redesignated provisions of subsecs. (b) and (c) as subsec. (a)(2) and (3), respectively,
added subsec. (b), and made conforming amendments to subsec. (a)(2) and (3) as redesignated.
1968—Subsec. (a). Pub. L. 90–248 struck out “nonprofit” before “organizations” in cl. (2).

Effective Date of 1999 Amendment
Pub. L. 106–170, title IV, § 404(b), Dec. 17, 1999, 113 Stat. 1910, provided that: “The amendment made by subsection
(a) [amending this section] shall take effect as if included in the enactment of the Social Security Independence and
Program Improvements Act of 1994 (Public Law 103–296; 108 Stat. 1464).”

Effective Date of 1997 Amendment
Amendment by Pub. L. 105–33 effective as if included in the enactment of the Social Security Independence and
Program Improvements Act of 1994, Pub. L. 103–296, see section 5528(b) of Pub. L. 105–33, set out as a note under
section 903 of this title.

Effective Date of 1994 Amendment
Amendment by 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.

Effective Date of 1986 Amendment
Amendment by Pub. L. 99–272 effective on first day of month following April 1986, see section 12115 of Pub. L.
99–272, set out as a note under section 415 of this title.

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42 USC 1310
NB: This unofficial compilation of the U.S. Code is current as of Jan. 4, 2012 (see http://www.law.cornell.edu/uscode/uscprint.html).

Effective Date of 1984 Amendment
Section 2331(c) of Pub. L. 98–369 provided that: “The amendments made by this section [amending this section and
section 1395b–1 of this title] shall become effective on the date of the enactment of this Act [July 18, 1984].”

Vocational Rehabilitation Demonstration Projects
Pub. L. 101–508, title V, § 5120(a)–(e), Nov. 5, 1990, 104 Stat. 1388–280, directed Secretary of Health and Human
Services to develop and carry out under this section demonstration projects in each of not fewer than three States,
with such demonstration projects to be designed to assess the advantages and disadvantages of permitting disabled
beneficiaries to select from among both public and private qualified vocational rehabilitation providers, providers of
vocational rehabilitation services directed at enabling such beneficiaries to engage in substantial gainful activities, with
each such demonstration project to commence as soon as practicable after Nov. 5, 1990, and to remain in operation
until the end of fiscal year 1993, and with a final written report to be submitted to Congress not later than Apr. 1, 1994.

Final Report Covering All Experiments and Demonstration Projects
Section 505(c) of Pub. L. 96–265, as amended by Pub. L. 99–272, title XII, § 12101(c), Apr. 7, 1986, 100 Stat. 283; Pub.
L. 101–239, title X, § 10103(a)(3), Dec. 19, 1989, 103 Stat. 2472; Pub. L. 101–508, title V, § 5120(f), Nov. 5, 1990,
104 Stat. 1388–282; Pub. L. 103–296, title I, § 108(m)(3), title III, § 315(a)(3), Aug. 15, 1994, 108 Stat. 1489, 1531,
which directed Commissioner to submit to Congress final report with respect to all experiments and demonstration
projects carried out under section 505 of Pub. L. 96–265, which amended this section and section 401 of this title
and enacted provisions formerly set out below (other than demonstration projects conducted under section 5120 of the
Omnibus Budget Reconciliation of 1990, Pub. L. 101–508, set out above) no later than Oct. 1, 1996, was repealed by
Pub. L. 106–170, title III, § 301(b)(1)(A), Dec. 17, 1999, 113 Stat. 1902.

Authority for Demonstration Projects; Report to Congress
Section 505 (a)(1)–(4) of Pub. L. 96–265, as amended by Pub. L. 99–272, title XII, § 12101(a), (b), Apr. 7, 1986, 100
Stat. 282; Pub. L. 101–239, title X, § 10103(a)(1), (2), Dec. 19, 1989, 103 Stat. 2472; Pub. L. 103–296, title I, § 108(m),
title III, § 315(a)(1), (2), Aug. 15, 1994, 108 Stat. 1489, 1531, which authorized Commissioner of Social Security to
carry out demonstration projects to determine advantages and disadvantages of alternative methods of treating work
activity of disabled beneficiaries under the old age, survivors, and disability insurance program and altering limitations
and conditions applicable to such disabled beneficiaries, and required report to Congress on or before June 9, 1986,
and in each succeeding year through 1995, was repealed by Pub. L. 106–170, title III, § 301(b)(1)(A), Dec. 17, 1999,
113 Stat. 1902.
Pub. L. 106–170, title III, § 301(b)(2), Dec. 17, 1999, 113 Stat. 1902, provided that: “With respect to any experiment
or demonstration project being conducted under section 505(a) of the Social Security Disability Amendments of 1980
[Pub. L. 96–265, formerly set out above] (42 U.S.C. 1310 note ) as of the date of the enactment of this Act [Dec.
17, 1999], the authority to conduct such experiment or demonstration project (including the terms and conditions
applicable to the experiment or demonstration project) shall be treated as if that authority (and such terms and
conditions) had been established under section 234 of the Social Security Act [section 434 of this title], as added by
subsection (a).”

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