Page:United States Statutes at Large Volume 94 Part 1.djvu/506

 94 STAT. 456

42 USC 416, 423.

42 USC 421.

Report to Congress. 42 USC 421 note.

Effective date. 42 USC 421 note. State agreements with Secretary of Health and Human Services, notification.

PUBLIC LAW 96-265—JUNE 9, 1980 under this paragraph may be made before or after any action is taken to implement such determination. "(2) The Secretary (in accordance with paragraph (3)) shall review determinations, made by State agencies pursuant to this section, that individuals are under disabilities (as defined in section 216(i) or 223(d)). Any review by the Secretary of a State agency determination under this paragraph shall be made before any action is taken to implement such determination. "(3) In carrying out the provisions of paragraph (2) with respect to the review of determinations, made by State agencies pursuant to this section, that individuals are under disabilities (as defined in section 216(i) or 223(d)), the Secretary shall review— "(A) at least 15 percent of ^1 such determinations made by State agencies in thefiscalyear 1981, "(B) at least 35 percent of all such determinations made by State agencies in the fiscal year 1982, and "(C) at least 65 percent of all such determinations made by State agencies in any fiscal year after the fiscal year 1982.. (d) Section 221(d) of such Act is amended by striking out "(a)" and inserting in lieu thereof "(a), (b)". (e) The first sentence of section 221(e) of such Act is amended— (1) by striking out "which has an agreement with the Secretary" and inserting in lieu thereof "which is making disability determinations under subsection (a)(l)'\ (2) by striking out "as may be mutually agreed upon" and inserting in lieu thereof "as aetermined by the Secretary", and (3) by striking out "carrying out the agreement under this section" and inserting in lieu thereof "making disability determinations under subsection (a)(l)". (f) Section 221(g) of such Act is amended— (1) by striking out "has no agreement under subsection (b)" and inserting in lieu thereof "does not undertake to perform disability determinations under subsection (a)(D* or which has been found by the Secretary to have substantially failed to make disability determinations in a manner consistent with his regulations and guidelines", and (2) by striking out "not included in an agreement under subsection (b)" and inserting in lieu thereof "for whom no State undertakes to make disability determinations". (g) The Secretary of Health and Himian Services shall implement a program of reviewing, on his own motion, decisions rendered by administrative law judges as a result of hearings under section 221(a) of the Social Security Act, and shall report to the Congress by January 1, 1982, on his progress. (h) The amendments made by subsections (a), (b), (d), (e), and (f) shall be effective beginning with the twelfth month following the month in which this Act is enacted. Any State that, on the effective date of the amendments made by this section, has in effect an agreement with the Secreta^ of Health and Human Services under section 221(a) of the Social Security Act (as in effect prior to such amendments) will be deemed to have given to the Secretary the notice specified in section 221(a)(l) of such Act as amended by this section, in lieu of continuing such agreement in effect after the effective date of such amendments. Thereafter, a State may notify the Secretary in writing that it no longer wishes to make disability determinations, effective not less than 180 days after the notification is given.

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