
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1310]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1310. Cooperative research or demonstration projects

    (a)(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)(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) 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.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1110, as added Aug. 1, 1956, ch. 
836, title III, Sec. 331, 70 Stat. 850; amended Pub. L. 90-248, title 
II, Sec. 246, Jan. 2, 1968, 81 Stat. 918; Pub. L. 96-265, title V, 
Sec. 505(b), June 9, 1980, 94 Stat. 474; Pub. L. 98-369, div. B, title 
III, Sec. 2331(a), July 18, 1984, 98 Stat. 1088; Pub. L. 99-272, title 
XII, Sec. 12101(d), Apr. 7, 1986, 100 Stat. 283; Pub. L. 103-296, title 
I, Sec. 108(b)(7), Aug. 15, 1994, 108 Stat. 1482; Pub. L. 105-33, title 
V, Sec. 5524, Aug. 5, 1997, 111 Stat. 623; Pub. L. 106-170, title IV, 
Sec. 404(a), Dec. 17, 1999, 113 Stat. 1910.)


                               Amendments

    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, Sec. 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, Sec. 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, Sec. 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, Sec. 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, Sec. 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.


                    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, Sec. 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, Sec. 12101(c), Apr. 7, 1986, 100 Stat. 283; Pub. L. 101-239, 
title X, Sec. 10103(a)(3), Dec. 19, 1989, 103 Stat. 2472; Pub. L. 101-
508, title V, Sec. 5120(f), Nov. 5, 1990, 104 Stat. 1388-282; Pub. L. 
103-296, title I, Sec. 108(m)(3), title III, Sec. 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, Sec. 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, Sec. 12101(a), (b), Apr. 7, 1986, 100 Stat. 282; Pub. L. 
101-239, title X, Sec. 10103(a)(1), (2), Dec. 19, 1989, 103 Stat. 2472; 
Pub. L. 103-296, title I, Sec. 108(m), title III, Sec. 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, Sec. 301(b)(1)(A), 
Dec. 17, 1999, 113 Stat. 1902.
    Pub. L. 106-170, title III, Sec. 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).''

                  Section Referred to in Other Sections

    This section is referred to in section 1315 of this title.
