Laws: Cases and Codes : U.S. Code : Title 42 : Section 1202
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U.S. Code as of:
01/19/04
Section 1202 - Notes
SOURCE
(Aug. 14, 1935, ch. 531, title X, Sec. 1002, 49 Stat. 645; Aug. 10,
1939, ch. 666, title VII, Sec. 701, 53 Stat. 1397; Aug. 28, 1950,
ch. 809, title III, pt. 4, Sec. 341(a)-(e), pt. 6, Sec. 361(c),
(d), 64 Stat. 553, 558; 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, Sec. 313(b), 70 Stat. 849; Pub. L. 86-778, title VII,
Sec. 710, Sept. 13, 1960, 74 Stat. 997; Pub. L. 87-543, title I,
Secs. 104(a)(3)(H), 106(a)(2), 136(a), 154, July 25, 1962, 76 Stat.
185, 188, 197, 206; Pub. L. 88-650, Sec. 5(a), Oct. 13, 1964, 78
Stat. 1078; Pub. L. 89-97, title IV, Sec. 403(c), July 30, 1965, 79
Stat. 418; Pub. L. 90-248, title II, Secs. 210(a)(3), 213(a)(2),
Jan. 2, 1968, 81 Stat. 895, 898; Pub. L. 92-603, title IV, Secs.
405(b), 406(b), 407(b), 410(b), 413(b), Oct. 30, 1972, 86 Stat.
1488, 1489, 1491, 1492; Pub. L. 98-369, div. B, title VI, Sec.
2651(f), July 18, 1984, 98 Stat. 1149; Pub. L. 104-193, title I,
Sec. 108(f), Aug. 22, 1996, 110 Stat. 2168.)
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Stat. 1484, provided that this section is repealed effective Jan.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.
REFERENCES IN TEXT
Part A of subchapter IV of this chapter, referred to in subsec.
(a)(7), is classified to section 601 et seq. of this title.
AMENDMENTS
1996 - Subsec. (a)(7). Pub. L. 104-193 substituted "assistance
under a State program funded under part A of subchapter IV of this
chapter" for "aid to families with dependent children under the
State plan approved under section 602 of this title".
1984 - Subsec. (a)(14). Pub. L. 98-369 added cl. (14).
1972 - Subsec. (a)(1). Pub. L. 92-603, Sec. 410(b), inserted
"except to the extent permitted by the Secretary with respect to
services," before "provide".
Subsec. (a)(4). Pub. L. 92-603, Sec. 407(b), designated existing
provisions as subcl. (A) and added subcl. (B).
Subsec. (a)(9). Pub. L. 92-603, Sec. 413(b), substituted
provisions permitting the use or disclosure of information
concerning applicants or recipients to public officials requiring
such information in connection with their official duties and to
other persons for purposes directly connected with the
administration of the State plan, for provisions restricting the
use or disclosure of such information to purposes directly
connected with the administration of aid to the blind.
Subsec. (a)(13). Pub. L. 92-603, Sec. 405(b), inserted provision
relating to the use of whatever internal organizational arrangement
found appropriate.
Subsec. (b). Pub. L. 92-603, Sec. 406(b), inserted provision
relating to the furnishing of manuals and other policy issuances to
persons without charge and at the option of the State.
1968 - Subsec. (a)(5). Pub. L. 90-248, Sec. 210(a)(3), designated
existing provisions as subcl. (A) and added subcl. (B).
Subsec. (a)(8)(C). Pub. L. 90-248, Sec. 213(a)(2), increased from
$5 to $7.50 limitation on amount of any income which the State may
disregard in making its determination of need.
1965 - Subsec. (a)(8)(C). Pub. L. 89-97 added subcl. (C).
1964 - Subsec. (a)(8). Pub. L. 88-650 permitted the State agency,
for a period not in excess of thirty-six months to disregard such
additional amounts of other income and resources.
1962 - Subsec. (a)(7). Pub. L. 87-543, Sec. 104(a)(3)(H),
substituted "aid to families with dependent children" for "aid to
dependent children".
Subsec. (a)(8). Pub. L. 87-543, Secs. 106(a)(2), 154, inserted ",
as well as any expenses reasonably attributable to the earning of
any such income", and amended the exception provision by striking
out "either (i) the first $50 per month of earned income, or" after
"disregard", redesignating subcl. (ii) as (A) and adding subcl.
(B).
Subsec. (b). Pub. L. 87-543, Sec. 136(a), provided for approval
of certain plans of States, without an approved plan on Jan. 1,
1949, meeting all but income and resources requirements, and
payment of certain expenditures under such plans.
1960 - Subsec. (a)(8). Pub. L. 86-778, Sec. 710(b), struck out
provision that required the State agency to disregard,
alternatively, the first $50 per month of earned income in
considering claimant's income and resources in determining need.
Pub. L. 86-778, Sec. 710(a), inserted provision that required the
State agency to disregard, alternatively, the first $85 per month
of earned income plus one-half of earned income in excess of $85
per month in considering claimant's income and resources in
determining need.
1956 - Subsec. (a)(13). Act Aug. 1, 1956, added cl. (13).
1950 - Subsec. (a)(4). Act Aug. 28, 1950, Sec. 341(a),
substituted "provide for granting an opportunity for a fair hearing
before the State agency to any individual whose claim for aid to
the blind is denied or is not acted upon with reasonable
promptness" for "provide for granting to any individual, whose
claim for aid is denied, an opportunity for a fair hearing before
such State agency".
Subsec. (a)(7). Act Aug. 28, 1950, Sec. 341(b), inserted "or aid
to dependent children under the State plan approved under section
302 of this title".
Subsec. (a)(8). Act Aug. 28, 1950, Sec. 341(c)(2), (d), amended
cl. (8) generally, effective July 1, 1952, and struck out "and"
preceding cl. (9).
Act Aug. 28, 1950, Sec. 341(c)(1), amended cl. (8) generally for
period beginning Oct. 1, 1950, and ending June 30, 1952.
Subsec. (a)(9). Act Aug. 28, 1950, Sec. 341(d), substituted comma
for period at end.
Subsec. (a)(10). Act Aug. 28, 1950, Sec. 341(e), amended cl. (10)
generally. Prior to amendment, cl. (10) read as follows: "provide
that, in determining whether an individual is blind, there shall be
an examination by a physician skilled in diseases of the eye or by
an optometrist;".
Act Aug. 28, 1950, Sec. 341(d), added cl. (10).
Subsec. (a)(11), (12). Act Aug. 28, 1950, Sec. 341(d), added cls.
(11) and (12).
Subsec. (b). Act Aug. 28, 1950, Sec. 361(c), (d), substituted
"Administrator" for "Board" and "he" for "it".
1939 - Subsec. (a)(5). Act Aug. 10, 1939, Sec. 701(a), inserted
"(including after January 1, 1940, methods relating to the
establishment and maintenance of personnel standards on a merit
basis, except that the Board shall exercise no authority with
respect)" after "methods of administration" and "proper" before
"and efficient operation of the plan".
Subsec. (a)(8), (9). Act Aug. 10, 1939, Sec. 701(b), added cls.
(8) and (9).
TRANSFER OF FUNCTIONS
Functions, powers, and duties of Secretary under subsec.
(a)(5)(A) of this section, insofar as relates to the prescription
of personnel standards on a merit basis, transferred to Office of
Personnel Management, see section 4728(a)(3)(D) of this title.
Functions of Federal Security Administrator transferred to
Secretary of Health, Education, and Welfare and 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.
PUBLIC ACCESS TO STATE DISBURSEMENT RECORDS
Public access to State records of disbursements of funds and
payments under this subchapter, see note set out under section 302
of this title.
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1204, 1206, 1315, 1352,
1382a, 4728 of this title; title 25 sections 683, 686, 689, 996.
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