Laws: Cases and Codes : U.S. Code : Title 42 : Section 1310


   
U.S. Code as of: 01/19/04
Section 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.



Previous [Notes] Next

Related Resources

Health Law Guide

Health Articles and Documents

Health Discussion

Ads by FindLaw