
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: 42USC1353]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER XIV--GRANTS TO STATES FOR AID TO PERMANENTLY AND TOTALLY 
                                DISABLED
 
Sec. 1353. Payments to States

    (a) From the sums appropriated therefor, the Secretary of the 
Treasury shall pay to each State which has an approved plan for aid to 
the permanently and totally disabled, for each quarter, beginning with 
the quarter commencing October 1, 1958--
        (1) Repealed. Pub. L. 97-35, title XXI, Sec. 2184(c)(2)(A), Aug. 
    13, 1981, 95 Stat. 817.
        (2) in the case of Puerto Rico, the Virgin Islands, and Guam, an 
    amount equal to one-half of the total of the sums expended during 
    such quarter as aid to the permanently and totally disabled under 
    the State plan, not counting so much of any expenditure with respect 
    to any month as exceeds $37.50 multiplied by the total number of 
    recipients of aid to the permanently and totally disabled for such 
    month; and
        (3) in the case of any State, an amount equal to 50 percent of 
    the total amounts expended during such quarter as found necessary by 
    the Secretary for the proper and efficient administration of the 
    State plan.

    (b) The method of computing and paying such amounts shall be as 
follows:
        (1) The Secretary of Health and Human Services shall, prior to 
    the beginning of each quarter, estimate the amount to be paid to the 
    State for such quarter under the provisions of subsection (a) of 
    this section, such estimate to be based on (A) a report filed by the 
    State containing its estimate of the total sum to be expended in 
    such quarter in accordance with the provisions of subsection (a) of 
    this section, and stating the amount appropriated or made available 
    by the State and its political subdivisions for such expenditures in 
    such quarter, and if such amount is less than the State's 
    proportionate share of the total sum of such estimated expenditures, 
    the source or sources from which the difference is expected to be 
    derived, (B) records showing the number of permanently and totally 
    disabled individuals in the State, and (C) such other investigation 
    as the Secretary of Health and Human Services may find necessary.
        (2) The Secretary of Health and Human Services shall then 
    certify to the Secretary of the Treasury the amount so estimated by 
    the Secretary of Health and Human Services, (A) reduced or 
    increased, as the case may be, by any sum by which he finds that his 
    estimate for any prior quarter was greater or less than the amount 
    which should have been paid to the State under subsection (a) of 
    this section for such quarter, and (B) reduced by a sum equivalent 
    to the pro rata share to which the United States is equitably 
    entitled, as determined by the Secretary of Health and Human 
    Services, of the net amount recovered during a prior quarter by the 
    State or any political subdivision thereof with respect to aid to 
    the permanently and totally disabled furnished under the State plan; 
    except that such increases or reductions shall not be made to the 
    extent that such sums have been applied to make the amount certified 
    for any prior quarter greater or less than the amount estimated by 
    the Secretary of Health and Human Services for such prior quarter: 
    Provided, That any part of the amount recovered from the estate of a 
    deceased recipient which is not in excess of the amount expended by 
    the State or any political subdivision thereof for the funeral 
    expenses of the deceased shall not be considered as a basis for 
    reduction under clause (B) of this paragraph.
        (3) The Secretary of the Treasury shall thereupon, through the 
    Fiscal Service of the Treasury Department, and prior to audit or 
    settlement by the General Accounting Office, pay to the State, at 
    the time or times fixed by the Secretary of Health and Human 
    Services, the amount so certified.

(Aug. 14, 1935, ch. 531, title XIV, Sec. 1403, as added Aug. 28, 1950, 
ch. 809, title III, pt. 5, Sec. 351, 64 Stat. 556; amended July 18, 
1952, ch. 945, Sec. 8(d), 66 Stat. 779; 1953 Reorg. Plan No. 1, Secs. 5, 
8, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 1, 1956, ch. 
836, title III, Secs. 304, 314(c), 344, 70 Stat. 847, 850, 854; Pub. L. 
85-840, title V, Sec. 504, Aug. 28, 1958, 72 Stat. 1049; Pub. L. 87-64, 
title III, Sec. 303(c), June 30, 1961, 75 Stat. 143; Pub. L. 87-543, 
title I, Secs. 101(a)(4), (b)(4), 132(c), July 25, 1962, 76 Stat. 178, 
181, 195; Pub. L. 89-97, title I, Sec. 122, title IV, Sec. 401(e), July 
30, 1965, 79 Stat. 353, 415; Pub. L. 90-248, title II, Sec. 212(c), Jan. 
2, 1968, 81 Stat. 897; Pub. L. 92-512, title III, Sec. 301(b), (d), Oct. 
20, 1972, 86 Stat. 946, 947; Pub. L. 93-647, Secs. 3(e)(2), 5(d), Jan. 
4, 1975, 88 Stat. 2349, 2350; Pub. L. 96-88, title V, Sec. 509(b), Oct. 
17, 1979, 93 Stat. 695; Pub. L. 97-35, title XXI, Sec. 2184(c)(2), title 
XXV, Sec. 2353(l), Aug. 13, 1981, 95 Stat. 817, 873; Pub. L. 99-603, 
title I, Sec. 121(b)(4), Nov. 6, 1986, 100 Stat. 3391; Pub. L. 103-66, 
title XIII, Sec. 13741(b), Aug. 10, 1993, 107 Stat. 663.)

                            Repeal of Section

        Pub. L. 92-603, title III, Sec. 303(a), (b), Oct. 30, 1972, 86 
    Stat. 1484, provided that this section is repealed effective Jan. 1, 
    1974, except with respect to Puerto Rico, Guam, and the Virgin 
    Islands.


                               Amendments

    1993--Subsec. (a)(3). Pub. L. 103-66 substituted ``50 percent of the 
total amounts expended during such quarter as found necessary by the 
Secretary for the proper and efficient administration of the State 
plan.'' for ``the sum of the following proportions of the total amounts 
expended during such quarter as found necessary by the Secretary of 
Health and Human Services for the proper and official administration of 
the State plan--
        ``(A) 75 per centum of so much of such expenditures as are for 
    the training (including both short- and long-term training at 
    educational institutions through grants to such institutions or by 
    direct financial assistance to students enrolled in such 
    institutions) of personnel employed or preparing for employment by 
    the State agency or by the local agency administering the plan in 
    the political subdivision; plus
        ``(B) 100 percent of so much of such expenditures as are for the 
    costs of the implementation and operation of the immigration status 
    verification system described in section 1320b-7(d) of this title; 
    plus
        ``(C) one-half of the remainder of such expenditures.''
    1986--Subsec. (a)(3)(B), (C). Pub. L. 99-603 added subpar. (B) and 
redesignated former subpar. (B) as (C).
    1981--Subsec. (a)(1). Pub. L. 97-35, Sec. 2184(c)(2)(A), struck out 
par. (1) which provided for computation of the amount of payments in the 
case of any State other than Puerto Rico, the Virgin Islands, and Guam.
    Subsec. (a)(2). Pub. L. 97-35, Sec. 2184(c)(2)(B), struck out 
``(including expenditures for premiums under part B of subchapter XVIII 
of this chapter for individuals who are recipients of money payments 
under such plan and other insurance premiums for medical or any other 
type of remedial care or the cost thereof)''.
    Subsec. (a)(3). Pub. L. 97-35, Sec. 2353(l)(1)(A), redesignated 
subpar. (A)(iv) as subpar. (A), struck out former subpars. (A)(i), which 
included services prescribed pursuant to subsec. (c)(1) of this section 
and provided to applicants for or recipients of aid to the permanently 
and totally disabled to help them attain self-support, (A)(ii), which 
included other services, specified by the Secretary as likely to prevent 
or reduce dependency, and (A)(iii), which included any of the services 
in subpars. (A)(i) and (ii) deemed appropriate for individuals likely to 
become applicants for or recipients of aid to the permanently and 
totally disabled, redesignated former subpar. (C) as (B), and struck out 
former subpar. (B), which included one-half of so much of the 
expenditures, not included in subpar. (A), as are for services for 
applicants for or recipients of aid to the permanently and totally 
disabled or individuals likely to become applicants or recipients, and 
subpars. (D) and (E) and provision following subpar. (E), which 
specified what services were includible.
    Subsec. (a)(4). Pub. L. 97-35, Sec. 2353(l)(1)(B), struck out par. 
(4), which provided payment, in the case of any State whose plan 
approved under section 1352 of this title did not meet the requirements 
of subsec. (c)(1) of this section, of an amount equal to one-half of the 
total of the sums expended during the quarter as found necessary by the 
Secretary for the proper and efficient administration of the State plan.
    Subsec. (c). Pub. L. 97-35, Sec. 2353(l)(2), struck out subsec. (c) 
which prescribed eligibility requirements for payments.
    1975--Subsec. (a). Pub. L. 93-647, Sec. 3(e)(2), struck out 
``(subject to section 1320b of this title)'' after ``the Secretary of 
the Treasury shall''.
    Subsec. (a)(3)(A)(iv). Pub. L. 93-647, Sec. 5(d), inserted 
``(including both short- and long-term training at educational 
institutions through grants to such institutions or by direct financial 
assistance to students enrolled in such institutions)'' after 
``training''.
    1972--Subsec. (a). Pub. L. 92-512, Sec. 301(d), substituted ``shall 
(subject to section 1320b of this title) pay'' for ``shall pay'' in 
provisions preceding par. (1).
    Subsec. (a)(3)(E). Pub. L. 92-512, Sec. 301(b), substituted ``under 
conditions which shall be'' for ``subject to limitations''.
    1968--Subsec. (a)(3)(D). Pub. L. 90-248 inserted, ``except to the 
extent specified by the Secretary'' after ``shall'' in introductory text 
to subpar. (D).
    1965--Subsec. (a)(1). Pub. L. 89-97, Secs. 122, 401(e), inserted 
``premiums under part B of subchapter XVIII of this chapter for 
individuals who are recipients of money payments under such plan and 
other'' after ``expenditures for'' in parenthetical phrase appearing in 
so much of par. (1) as precedes clause (A); and substituted ``31/37'' 
and ``$37'' for ``29/35'' and ``$35'' in subpar. (A) and ``$75'' for 
``$70'' in subpar. (B), respectively.
    Subsec. (a)(2). Pub. L. 89-97, Sec. 122, inserted ``premiums under 
part B of subchapter XVIII of this chapter for individuals who are 
recipients of money payments under such plan and other'' after 
``expenditures for'' in parenthetical phrase.
    1962--Subsec. (a)(1). Pub. L. 87-543, Sec. 132(c), substituted ``29/
35'' and ``$35'' for ``four-fifths'' and ``$31'', respectively, in 
subpar. (A) and ``$70'' for ``$66'' in subpar. (B).
    Subsec. (a)(2). Pub. L. 87-543, Sec. 132(c), substituted ``$37.50'' 
for ``$35.50''.
    Subsec. (a)(3). Pub. L. 87-543, Sec. 101(a)(4), (b)(4)(A), inserted 
in opening provisions ``whose State plan approved under section 1352 of 
this title meets the requirements of subsection (c)(1) of this section'' 
after ``any State'', and substituted provisions which increased the 
Federal share of expenses of administration of State public assistance 
plans by providing quarterly payments of the sum of 75 per centum of the 
quarterly expenses for certain prescribed services to help attain and 
retain capability for self-support or self-care, services likely to 
prevent or reduce dependency, and services appropriate for individuals 
who were or are likely to become applicants for or recipients of aid to 
the permanently and totally disabled and request such services, and 
training of State or local public assistance personnel administering 
such plans and one-half of other administrative expenses for other 
services, permitted State health or vocational rehabilitation or other 
appropriate State agencies to furnish such services, except vocational 
rehabilitation services, and required the determination of the portion 
of expenses covered by the 75 and 50 per centum provisions in accordance 
with methods and procedures permitted by the Secretary, for former 
provisions requiring quarterly payments of one-half of quarterly 
expenses of administration of State plans, including staff services of 
State or local public assistance agencies to applicants for and 
recipients of aid to the permanently and totally disabled to help them 
attain self-support or self-care.
    Subsec. (a)(4). Pub. L. 87-543, Sec. 101(b)(4)(B), added par. (4).
    Subsec. (c). Pub. L. 87-543, Sec. 101(b)(4)(C), added subsec. (c).
    1961--Subsec. (a). Pub. L. 87-64 substituted ``$31'' for ``$30'' and 
``$66'' for ``$65'' in cl. (1), and ``$35.50'' for ``$35'' in cl. (2).
    1958--Subsec. (a). Pub. L. 85-840 increased the payments to the 
States to four-fifths of the first $30 of the average monthly payment 
per recipient, including assistance in the form of money payments and in 
the form of medical or any other type of remedial care, plus the Federal 
percentage of the amount by which the expenditures exceed the maximum 
which may be counted under cl. (A), but excluding that part of the 
average monthly payment per recipient in excess of $65, increased the 
average monthly payment to Puerto Rico and the Virgin Islands from $30 
to $35, excluded Guam from the provisions which authorize an average 
monthly payment of $65 and included Guam within the provisions which 
authorize an average monthly payment of $35, and permitted the counting 
of individuals with respect to whom expenditures were made as old-age 
assistance in the form of medical or any other type of remedial care in 
determining the total number of recipients.
    1956--Subsec. (a). Act Aug. 1, 1956, Sec. 304, substituted ``during 
such quarter as aid to the permanently and totally disabled in the form 
of money payments under the State plan'' for ``during such quarter as 
aid to the permanently and totally disabled under the State plan'' in 
cls. (1) and (2), ``who received aid to the permanently and totally 
disabled in the form of money payments for each month'' for ``who 
received aid to the permanently and totally disabled for such month'' in 
par. (A) of cl. (1), and inserted cl. (4).
    Act Aug. 1, 1956, Sec. 314(c), struck out ``, which shall be used 
exclusively as aid to the permanently and totally disabled,'' after 
``the Virgin Islands, an amount'' in cls. (1) and (2), and substituted 
``including services which are provided by the staff of the State agency 
(or of the local agency administering the State plan in the political 
subdivision) to applicants for and recipients of such aid to help them 
attain self-support or self-care'' for ``which amount shall be used for 
paying the costs of administering the State plan or for aid to the 
permanently and totally disabled or both, and for no other purpose'' in 
cl. (3).
    Act Aug. 1, 1956, Sec. 344, substituted ``October 1, 1956'' for 
``October 1, 1952'', struck out ``, which shall be used exclusively as 
aid to the permanently and totally disabled,'' after ``the Virgin 
Islands, an amount'' in cls. (1) and (2), and substituted ``$60'' for 
``$55'', ``the product of ``$30'' for ``the product of $25'', 
``Secretary of Health, Education, and Welfare'' for ``Secretary'', and 
``including services which are provided by the staff of the State agency 
(or of the local agency administering the State plan in the political 
subdivision) to applicants for and recipients of such aid to help them 
attain self-support or self-care'' for ``which amount shall be used for 
paying the costs of administering the State plan or for aid to the 
permanently and totally disabled, or both, and for no other purpose''.
    1952--Subsec. (a). Act July 18, 1952, increased the Federal share of 
the State's average monthly payment to four-fifths of the first $25 plus 
one-half of the remainder within individual maximums of $55, and changed 
formulas for computing the Federal share of public assistance for Puerto 
Rico and the Virgin Islands.


                    Effective Date of 1993 Amendment

    Amendment by Pub. L. 103-66 effective with respect to calendar 
quarters beginning on or after Apr. 1, 1994, with special rule for 
States whose legislature meets biennially, and does not have regular 
session scheduled in calendar year 1994, see section 13741(c) of Pub. L. 
103-66, set out as a note under section 303 of this title.


                    Effective Date of 1986 Amendment

    Amendment by Pub. L. 99-603 effective Oct. 1, 1987, see section 
121(c)(2) of Pub. L. 99-603, set out as a note under section 502 of this 
title.


                    Effective Date of 1981 Amendment

    Amendment by section 2353(l) of Pub. L. 97-35 effective Oct. 1, 
1981, except as otherwise explicitly provided, see section 2354 of Pub. 
L. 97-35, set out as an Effective Date note under section 1397 of this 
title.


                    Effective Date of 1975 Amendment

    Amendment by section 3(e)(2) of Pub. L. 93-647 effective with 
respect to payments under sections 603 and 803 of this title for 
quarters commencing after Sept. 30, 1975, and amendment by section 5(d) 
of Pub. L. 93-647 effective with respect to payments for quarters 
commencing after Sept. 30, 1975, see section 7(a), (b) of Pub. L. 93-
647, set out as a note under section 303 of this title.


                    Effective Date of 1972 Amendment

    Amendments by Pub. L. 92-512 effective July 1, 1972, and Jan. 1, 
1973, respectively, see section 301(e) of Pub. L. 92-512, set out as a 
note under section 303 of this title.


                    Effective Date of 1968 Amendment

    Amendment by Pub. L. 90-248 effective Jan. 1, 1968, see section 
212(e) of Pub. L. 90-248, set out as a note under section 303 of this 
title.


                    Effective Date of 1965 Amendment

    Amendment by section 401(e) of Pub. L. 89-97 applicable in the case 
of expenditures made after December 31, 1965, under a State plan 
approved under subchapter I, IV, X, XIV, or XVI of this chapter, see 
section 401(f) of Pub. L. 89-97, set out as a note under section 303 of 
this title.


                    Effective Date of 1962 Amendment

    Amendment by section 101(a)(4) of Pub. L. 87-543 applicable in the 
case of expenditures, under a State plan approved under subchapter I, 
IV, X, or XIV of this chapter, as the case may be, made after Aug. 31, 
1962, amendment by section 101(b)(4) of Pub. L. 87-543 applicable in the 
case of expenditures, under a State plan approved under subchapter I, 
IV, X, or XIV of this chapter, as the case may be, made after June 30, 
1963, and amendment by section 132(c) of Pub. L. 87-543 applicable in 
the case of expenditures, under a State plan approved under subchapter 
I, IV, X, or XIV of this chapter, as the case may be, made after Sept. 
30, 1962, see section 202(d), (f) of Pub. L. 87-543, set out as a note 
under section 303 of this title.


                    Effective Date of 1961 Amendment

    Amendment by Pub. L. 87-64 applicable only in the case of 
expenditures made after Sept. 30, 1961, and before July 1, 1962, under a 
State plan approved under subchapters I, X, or XIV of this chapter, see 
section 303(e) of Pub. L. 87-64, set out as a note under section 303 of 
this title.


                    Effective Date of 1958 Amendment

    For effective date of amendment by Pub. L. 85-840, see section 512 
of Pub. L. 85-840, set out as a note under section 303 of this title.


            Effective and Termination Date of 1956 Amendment

    Amendment by section 304 of act Aug. 1, 1956, effective July 1, 
1957, see section 305 of act Aug. 1, 1956, set out as a note under 
section 303 of this title.
    Amendment by section 344 of act Aug. 1, 1956, effective only for 
period beginning Oct. 1, 1956, and ending with close of June 30, 1959, 
see section 345 of such act Aug. 1, 1956, set out as a note under 
section 303 of this title.


            Effective and Termination Date of 1952 Amendment

    Amendment by act July 18, 1952, effective for period beginning Oct. 
1, 1952, and ending Sept. 30, 1956, see section 8(e) of act July 18, 
1952, set out as a note set out under section 303 of this title.

                          Transfer of Functions

    Functions of Federal Security Administrator transferred to Secretary 
of Health, Education, and Welfare and all agencies of Federal Security 
Agency transferred to Department of Health, Education, and Welfare by 
section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 
3501 of this title. Federal Security Agency and Office of Administrator 
abolished by section 8 of Reorg. Plan No. 1 of 1953. Secretary and 
Department of Health, Education, and Welfare redesignated Secretary and 
Department of Health and Human Services by section 509(b) of Pub. L. 96-
88 which is classified to section 3508(b) of Title 20, Education.


  Nonduplication of Payments to States: Prohibition of Payments After 
                            December 31, 1969

    Prohibition of payments under this subchapter to States with respect 
to aid or assistance in form of medical or other type of remedial care 
for any period for which States received payments under subchapter XIX 
of this chapter or for any period after Dec. 31, 1969, see section 
121(b) of Pub. L. 89-97, set out as a note under section 1396b of this 
title.


  Election of Payments Under Combined State Plan Rather Than Separate 
                                  Plans

    Payments to States under combined State plan under subchapter XVI or 
this chapter as precluding payment under State plan conforming to this 
subchapter, see section 141(b) of Pub. L. 87-543, set out as a note 
under section 1382e of this title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1315, 1318, 1319 of this 
title.
