
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: 42USC1383b]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XVI--SUPPLEMENTAL SECURITY INCOME FOR AGED, BLIND, AND 
                                DISABLED
 
                Part B--Procedural and General Provisions
 
Sec. 1383b. Administration


(a) Authority of Commissioner

    Subject to subsection (b) of this section, the Commissioner of 
Social Security may make such administrative and other arrangements 
(including arrangements for the determination of blindness and 
disability under section 1382c(a)(2) and (3) of this title in the same 
manner and subject to the same conditions as provided with respect to 
disability determinations under section 421 of this title) as may be 
necessary or appropriate to carry out the Commissioner's functions under 
this subchapter.

(b) Examination to determine blindness

    In determining, for purposes of this subchapter, whether an 
individual is blind, there shall be an examination of such individual by 
a physician skilled in the diseases of the eye or by an optometrist, 
whichever the individual may select.

(c) Notification of review

    (1) In any case in which the Commissioner of Social Security 
initiates a review under this subchapter, similar to the continuing 
disability reviews authorized for purposes of subchapter II of this 
chapter under section 421(i) of this title, the Commissioner of Social 
Security shall notify the individual whose case is to be reviewed in the 
same manner as required under section 421(i)(4) of this title.
    (2) For suspension of continuing disability reviews and other 
reviews under this subchapter similar to reviews under section 421 of 
this title in the case of an individual using a ticket to work and self-
sufficiency, see section 1320b-19(i) of this title.

(d) Regulations regarding completion of plans for achieving self-support

    The Commissioner of Social Security shall establish by regulation 
criteria for time limits and other criteria related to individuals' 
plans for achieving self-support, that take into account--
        (1) the length of time that the individual will need to achieve 
    the individual's employment goal (within such reasonable period as 
    the Commissioner of Social Security may establish); and
        (2) other factors determined by the Commissioner of Social 
    Security to be appropriate.

(Aug. 14, 1935, ch. 531, title XVI, Sec. 1633, as added Pub. L. 92-603, 
title III, Sec. 301, Oct. 30, 1972, 86 Stat. 1478; amended Pub. L. 93-
66, title II, Sec. 214, July 9, 1973, 87 Stat. 158; Pub. L. 98-460, 
Sec. 6(b), Oct. 9, 1984, 98 Stat. 1802; Pub. L. 103-296, title I, 
Sec. 107(a)(4), title II, Sec. 203(a), Aug. 15, 1994, 108 Stat. 1478, 
1508; Pub. L. 106-170, title I, Sec. 101(b)(2)(D), Dec. 17, 1999, 113 
Stat. 1874.)


                               Amendments

    1999--Subsec. (c). Pub. L. 106-170 designated existing provisions as 
par. (1) and added par. (2).
    1994--Subsec. (a). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' and ``the 
Commissioner's'' for ``his''.
    Subsec. (c). Pub. L. 103-296, Sec. 107(a)(4), substituted 
``Commissioner of Social Security'' for ``Secretary'' in two places.
    Subsec. (d). Pub. L. 103-296, Sec. 203(a), added subsec. (d).
    Pub. L. 103-296, Sec. 107(a)(4), in subsec. (d) as added by Pub. L. 
103-296, Sec. 203(a), substituted ``Commissioner of Social Security'' 
for ``Secretary'' wherever appearing.
    1984--Subsec. (c). Pub. L. 98-460 added subsec. (c).
    1973--Subsec. (a). Pub. L. 93-66, Sec. 214(1), (2), designated 
existing provisions as subsec. (a) and made the authority of the 
Secretary subject to subsec. (b) of this section.
    Subsec. (b). Pub. L. 93-66, Sec. 214(3), added subsec. (b).


                    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 1994 Amendment

    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 203(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

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


                   Institution of Notification System

    For provisions requiring the Secretary to institute the system of 
notification required by subsec. (c) of this section as soon as 
practicable after Oct. 9, 1984, see section 6(c) of Pub. L. 98-460, set 
out as a note under section 421 of this title.


Federal Program of Supplemental Security Income; Preference for Present 
                        State and Local Employees

    Section 213 of Pub. L. 93-66 provided that: ``The Secretary of 
Health, Education, and Welfare [now Health and Human Services] in the 
recruitment and selection for employment of personnel whose services 
will be utilized in the administration of the Federal program of 
supplemental security income for the aged, blind, and disabled 
(established by title XVI of the Social Security Act [this subchapter]), 
shall give a preference, as among applicants whose qualifications are 
reasonably equal (subject to any preferences conferred by law or 
regulation on individuals who have been Federal employees and have been 
displaced from such employment), to applicants for employment who are or 
were employed in the administration of any State program approved under 
title I, X, XIV, or XVI of such Act [subchapter I, X, XIV, or XVI of 
this chapter] and are or were involuntarily displaced from their 
employment as a result of the displacement of such State program by such 
Federal program.''


                 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 section 1320b-6 of this title.
