
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 23, 2000]
[Document not affected by Public Laws enacted between
  January 23, 2000 and December 4, 2001]
[CITE: 42USC1382d]

 
                 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. 1382d. Rehabilitation services for blind and disabled 
        individuals
        

(a) Referral by Commissioner of eligible individuals to appropriate 
        State agency

    In the case of any blind or disabled individual who--
        (1) has not attained age 16; and
        (2) with respect to whom benefits are paid under this 
    subchapter,

the Commissioner of Social Security shall make provision for referral of 
such individual to the appropriate State agency administering the State 
program under subchapter V of this chapter.

(b) Repealed. Pub. L. 97-35, title XXI, Sec. 2193(c)(8)(B), Aug. 13, 
        1981, 95 Stat. 828

(c) Repealed. Pub. L. 106-170, title I, Sec. 101(b)(2)(B), Dec. 17, 
        1999, 113 Stat. 1874

(d) Reimbursement by Commissioner to State agency of costs of providing 
        services to referred individuals

    The Commissioner of Social Security is authorized to reimburse the 
State agency administering or supervising the administration of a State 
plan for vocational rehabilitation services approved under title I of 
the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.] for the costs 
incurred under such plan in the provision of rehabilitation services to 
individuals who are referred for such services pursuant to subsection 
(a) of this section, (1) in cases where the furnishing of such services 
results in the performance by such individuals of substantial gainful 
activity for a continuous period of nine months, (2) in cases where such 
individuals receive benefits as a result of section 1383(a)(6) of this 
title (except that no reimbursement under this subsection shall be made 
for services furnished to any individual receiving such benefits for any 
period after the close of such individual's ninth consecutive month of 
substantial gainful activity or the close of the month with which his or 
her entitlement to such benefits ceases, whichever first occurs), and 
(3) in cases where such individuals, without good cause, refuse to 
continue to accept vocational rehabilitation services or fail to 
cooperate in such a manner as to preclude their successful 
rehabilitation. The determination that the vocational rehabilitation 
services contributed to the successful return of an individual to 
substantial gainful activity, the determination that an individual, 
without good cause, refused to continue to accept vocational 
rehabilitation services or failed to cooperate in such a manner as to 
preclude successful rehabilitation, and the determination of the amount 
of costs to be reimbursed under this subsection shall be made by the 
Commissioner of Social Security in accordance with criteria determined 
by the Commissioner in the same manner as under section 422(d)(1) of 
this title.

(e) Reimbursement for vocational rehabilitation services furnished 
        during certain months of nonpayment of insurance benefits

    The Commissioner of Social Security may reimburse the State agency 
described in subsection (d) of this section for the costs described 
therein incurred in the provision of rehabilitation services--
        (1) for any month for which an individual received--
            (A) benefits under section 1382 or 1382h(a) of this title;
            (B) assistance under section 1382h(b) of this title; or
            (C) a federally administered State supplementary payment 
        under section 1382e of this title or section 212(b) of Public 
        Law 93-66; and

        (2) for any month before the 13th consecutive month for which an 
    individual, for a reason other than cessation of disability or 
    blindness, was ineligible for--
            (A) benefits under section 1382 or 1382h(a) of this title;
            (B) assistance under section 1382h(b) of this title; or
            (C) a federally administered State supplementary payment 
        under section 1382e of this title or section 212(b) of Public 
        Law 93-66.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1615, as added Pub. L. 92-603, 
title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1474; amended Pub. L. 94-
566, title V, Sec. 501(a), Oct. 20, 1976, 90 Stat. 2683; Pub. L. 96-272, 
title III, Sec. 304, June 17, 1980, 94 Stat. 529; Pub. L. 97-35, title 
XXI, Sec. 2193(a)(4), (c)(8), title XXIII, Sec. 2344, Aug. 13, 1981, 95 
Stat. 827, 828, 867; Pub. L. 98-369, div. B, title VI, Sec. 2663(g)(8), 
July 18, 1984, 98 Stat. 1169; Pub. L. 98-460, Sec. 11(b), Oct. 9, 1984, 
98 Stat. 1806; Pub. L. 101-508, title V, Sec. 5037(a), Nov. 5, 1990, 104 
Stat. 1388-226; Pub. L. 103-296, title I, Sec. 107(a)(4), Aug. 15, 1994, 
108 Stat. 1478; Pub. L. 105-33, title V, Sec. 5523, Aug. 5, 1997, 111 
Stat. 623; Pub. L. 106-170, title I, Sec. 101(b)(2)(A), (B), Dec. 17, 
1999, 113 Stat. 1874.)

                       References in Text

    The Rehabilitation Act of 1973, referred to in subsec. (d), is Pub. 
L. 93-112, Sept. 26, 1973, 87 Stat. 355, as amended. Title I of the 
Rehabilitation Act of 1973 is classified generally to subchapter I 
(Sec. 720 et seq.) of chapter 16 of Title 29, Labor. For complete 
classification of this Act to the Code, see Short Title note set out 
under section 701 of Title 29 and Tables.
    Section 212(b) of Public Law 93-66, referred to in subsec. 
(e)(1)(C), (2)(C), is section 212(b) of Pub. L. 93-66, title II, July 9, 
1973, 87 Stat. 155, as amended, which is set out as a note under section 
1382 of this title.


                               Amendments

    1999--Subsec. (a). Pub. L. 106-170, Sec. 101(b)(2)(A), amended 
subsec. (a) generally. Prior to amendment, subsec. (a) read as follows: 
``In the case of any blind or disabled individual who--
        ``(1) has not attained age 65, and
        ``(2) is receiving benefits (or with respect to whom benefits 
    are paid) under this subchapter,
the Commissioner of Social Security shall make provision for referral of 
such individual to the appropriate State agency administering the State 
plan for vocational rehabilitation services approved under title I of 
the Rehabilitation Act of 1973, or, in the case of any such individual 
who has not attained age 16, to the State agency administering the State 
program under subchapter V of this chapter, and (except for individuals 
who have not attained age 16 and except in such other cases as the 
Commissioner may determine) for a review not less often than quarterly 
of such individual's blindness or disability and his need for and 
utilization of the services made available to him under such plan.''
    Subsec. (c). Pub. L. 106-170, Sec. 101(b)(2)(B), struck out subsec. 
(c) which read as follows: ``Every individual age 16 or over with 
respect to whom the Commissioner of Social Security is required to make 
provision for referral under subsection (a) of this section shall accept 
such services as are made available to him under the State plan for 
vocational and rehabilitation services approved under title I of the 
Rehabilitation Act of 1973; and no such individual shall be an eligible 
individual or eligible spouse for purposes of this subchapter if he 
refuses without good cause to accept services for which he is referred 
under subsection (a) of this section.''
    1997--Subsec. (d). Pub. L. 105-33, Sec. 5523(2), substituted ``the 
Commissioner'' for ``him'' after ``determined by'' in last sentence.
    Pub. L. 105-33, Sec. 5523(1), which directed insertion of comma 
after ``subsection (a)(1)'' in first sentence, was executed by making 
the insertion after ``subsection (a) of this section'' to reflect the 
probable intent of Congress.
    1994--Subsec. (a). Pub. L. 103-296 in closing provisions substituted 
``Commissioner of Social Security'' for ``Secretary'' and ``the 
Commissioner may'' for ``he may''.
    Subsec. (c). Pub. L. 103-296 substituted ``Commissioner of Social 
Security'' for ``Secretary''.
    Subsec. (d). Pub. L. 103-296 substituted ``The Commissioner of 
Social Security is'' for ``The Secretary is''.
    Subsec. (e). Pub. L. 103-296 substituted ``Commissioner of Social 
Security'' for ``Secretary'' in introductory provisions.
    1990--Subsec. (e). Pub. L. 101-508 added subsec. (e).
    1984--Subsecs. (a), (c). Pub. L. 98-369, Sec. 2663(g)(8), 
substituted ``title I of the Rehabilitation Act of 1973'' for ``the 
Vocational Rehabilitation Act''.
    Subsec. (d). Pub. L. 98-460, Sec. 11(b), designated existing 
provisions of first sentence as cl. (1), added cls. (2) and (3), and 
inserted requirement that the determination that the vocational 
rehabilitation services contributed to the successful return of an 
individual to substantial gainful activity and the determination that an 
individual, without good cause, refused to continue to accept vocational 
rehabilitation services or failed to cooperate in such a manner as to 
preclude successful rehabilitation be made by the Commissioner of Social 
Security in accordance with criteria determined by him in the same 
manner as under section 422(d)(1) of this title.
    Pub. L. 98-369, Sec. 2663(g)(8), substituted ``title I of the 
Rehabilitation Act of 1973'' for ``the Vocational Rehabilitation Act''.
    1981--Subsec. (a). Pub. L. 97-35, Sec. 2193(c)(8)(A), substituted 
``State agency administering the State program under subchapter V of 
this chapter (except for individuals who have not attained age 16 and 
except in such other cases'' for ``appropriate State agency 
administering the State plan under subsection (b) of this section, and 
(except in such cases''.
    Subsec. (b). Pub. L. 97-35, Sec. 2193(c)(8)(B), struck out subsec. 
(b) which provided criteria for approval of State plans.
    Subsec. (d). Pub. L. 97-35, Sec. 2344, substituted ``is authorized 
to reimburse'' for ``is authorized to pay to'', ``for the costs 
incurred'' for ``the costs incurred'', and ``individuals who are 
referred for such services pursuant to subsection (a) of this section if 
such services result in their performance of substantial gainful 
activity which lasts for a continuous period of nine months'' for 
``individuals referred for such services pursuant to subsection (a) of 
this section'' and inserted provision that determination of the amount 
to be reimbursed be made by the Commissioner of Social Security in 
accordance with criteria determined by him in the same manner as under 
section 422(d)(1) of this title.
    Subsec. (e). Pub. L. 97-35, Sec. 2193(c)(8)(B), struck out subsec. 
(e) which provided for payment by the Secretary to a State agency 
charged with administering a State plan under subsec. (b), of the costs 
incurred each fiscal year from Sept. 30, 1976, to Oct. 1, 1982, in 
carrying out such State plan.
    Subsec. (e)(1). Pub. L. 97-35, Sec. 2193(a)(4)(A), inserted ``and 
subject to section 2194(b)(3) of the Maternal and Child Health Services 
Block Grant Act''.
    Subsec. (e)(3). Pub. L. 97-35, Sec. 2193(a)(4)(B), substituted 
``$24,070,000'' for ``$30,000,000''.
    1980--Subsec. (e). Pub. L. 96-272 corrected the error under which 
subsec. (e) had been added as (c) by Pub. L. 94-566 and, in subsec. 
(e)(1) as so designated, substituted ``October 1, 1982'' for ``October 
1, 1979''.
    1976--Subsec. (a). Pub. L. 94-566 inserted ``or, in the case of any 
such individual who has not attained age 16, to the appropriate State 
agency administering the State plan under subsection (b) of this 
section,'' after ``Vocational Rehabilitation Act,'' and substituted 
``need for and utilization of the services'' for ``need for and 
utilization of the rehabilitation services''.
    Subsec. (b). Pub. L. 94-566 added subsec. (b). Former subsec. (b) 
was split up and its parts were redistributed into subsecs. (c) and (d), 
respectively, and amended.
    Subsec. (c). Pub. L. 94-566 combined into subsec. (c) the existing 
provisions of subsec. (c) covering the refusal by referred individuals 
to accept services and added thereto a part of former subsec. (b) 
covering the required acceptance of vocational and rehabilitation 
services by the referred individual, and in that provision substituted 
``Every individual age 16 or over'' for ``Every individual''.
    Subsec. (d). Pub. L. 94-566 redesignated as subsec. (d) the part of 
former subsec. (b) covering the payment by the Secretary to the State 
agency administering a State plan and in the provisions so redesignated 
substituted ``administration of a State plan for vocational 
rehabilitation services approved under the Vocational Rehabilitation 
Act'' for ``administration of such State plan''.
    Subsec. (e). Pub. L. 94-566 added subsec. (e). See 1980 Amendment 
note above.


                    Effective Date of 1999 Amendment

    Amendment by Pub. L. 106-170 effective with the first month 
following one year after Dec. 17, 1999, subject to section 101(d) of 
Pub. L. 106-170, see section 101(c) of Pub. L. 106-170, set out as an 
Effective Date note under section 1320b-19 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 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 1990 Amendment

    Section 5037(b) of Pub. L. 101-508 provided that: ``The amendment 
made by subsection (a) [amending this section] shall take effect on the 
date of the enactment of this Act [Nov. 5, 1990] and shall apply to 
claims for reimbursement pending on or after such date.''


                    Effective Date of 1984 Amendments

    Amendment by Pub. L. 98-460 applicable with respect to individuals 
who receive benefits as a result of section 425(b) or section 1383(a)(6) 
of this title, or who refuse to continue to accept rehabilitation 
services or fail to cooperate in an approved vocational rehabilitation 
program, in or after November 1984, see section 11(c) of Pub. L. 98-460, 
set out as a note under section 422 of this title.
    Amendment by 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 and Termination Dates of 1981 Amendment

    Section 2193(a)(4)(B) of Pub. L. 97-35 provided that the amendment 
made by that section is effective for fiscal year 1982.
    For effective date, savings, and transitional provisions relating to 
amendments by section 2193(a)(4)(A) and (c)(8) of Pub. L. 97-35, see 
section 2194 of Pub. L. 97-35, set out as a note under section 701 of 
this title.
    Section 2344 of Pub. L. 97-35 provided that the amendment made by 
that section is effective Oct. 1, 1981.


                             Effective Date

    Section 301 of Pub. L. 92-603 provided that this section is 
effective Jan. 1, 1974.


                         Publication of Criteria

    Section 501(b) of Pub. L. 94-566 directed Secretary, within 120 days 
after Oct. 20, 1976, to publish criteria to be employed to determine 
disability (as defined in subsec. (a)(3) of this section) in the case of 
persons who have not attained the age of 18.


                 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 provisions of Pub. L. 92-603, eff. Jan. 1, 1974, 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 701, 1320b-19 of this title; 
title 20 section 3441; title 29 section 762a.
