
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: 42USC1301]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
   SUBCHAPTER XI--GENERAL PROVISIONS, PEER REVIEW, AND ADMINISTRATIVE 
                             SIMPLIFICATION
 
                       Part A--General Provisions
 
Sec. 1301. Definitions

    (a) When used in this chapter--
        (1) The term ``State'', except where otherwise provided, 
    includes the District of Columbia and the Commonwealth of Puerto 
    Rico, and when used in subchapters IV, V, VII, XI, XIX, and XXI of 
    this chapter includes the Virgin Islands and Guam. Such term when 
    used in subchapters III, IX, and XII of this chapter also includes 
    the Virgin Islands. Such term when used in subchapter V and in part 
    B of this subchapter of this chapter also includes American Samoa, 
    the Northern Mariana Islands, and the Trust Territory of the Pacific 
    Islands. Such term when used in subchapters XIX and XXI of this 
    chapter also includes the Northern Mariana Islands and American 
    Samoa. In the case of Puerto Rico, the Virgin Islands, and Guam, 
    subchapters I, X, and XIV, and subchapter XVI of this chapter (as in 
    effect without regard to the amendment made by section 301 of the 
    Social Security Amendments of 1972) shall continue to apply, and the 
    term ``State'' when used in such subchapters (but not in subchapter 
    XVI of this chapter as in effect pursuant to such amendment after 
    December 31, 1973) includes Puerto Rico, the Virgin Islands, and 
    Guam. Such term when used in subchapter XX of this chapter also 
    includes the Virgin Islands, Guam, American Samoa, and the Northern 
    Mariana Islands. Such term when used in subchapter IV of this 
    chapter also includes American Samoa.
        (2) The term ``United States'' when used in a geographical sense 
    means, except where otherwise provided, the States.
        (3) The term ``person'' means an individual, a trust or estate, 
    a partnership, or a corporation.
        (4) The term ``corporation'' includes associations, joint-stock 
    companies, and insurance companies.
        (5) The term ``shareholder'' includes a member in an 
    association, joint-stock company, or insurance company.
        (6) The term ``Secretary'', except when the context otherwise 
    requires, means the Secretary of Health and Human Services.
        (7) The terms ``physician'' and ``medical care'' and 
    ``hospitalization'' include osteopathic practitioners or the 
    services of osteopathic practitioners and hospitals within the scope 
    of their practice as defined by State law.
        (8)(A) The ``Federal percentage'' for any State (other than 
    Puerto Rico, the Virgin Islands, and Guam) shall be 100 per centum 
    less the State percentage; and the State percentage shall be that 
    percentage which bears the same ratio to 50 per centum as the square 
    of the per capita income of such State bears to the square of the 
    per capita income of the United States; except that the Federal 
    percentage shall in no case be less than 50 per centum or more than 
    65 per centum.
        (B) The Federal percentage for each State (other than Puerto 
    Rico, the Virgin Islands, and Guam) shall be promulgated by the 
    Secretary between October 1 and November 30 of each year, on the 
    basis of the average per capita income of each State and of the 
    United States for the three most recent calendar years for which 
    satisfactory data are available from the Department of Commerce. 
    Such promulgation shall be conclusive for each of the four quarters 
    in the period beginning October 1 next succeeding such promulgation: 
    Provided, That the Secretary shall promulgate such percentages as 
    soon as possible after August 28, 1958, which promulgation shall be 
    conclusive for each of the eleven quarters in the period beginning 
    October 1, 1958, and ending with the close of June 30, 1961.
        (C) The term ``United States'' means (but only for purposes of 
    subparagraphs (A) and (B) of this paragraph) the fifty States and 
    the District of Columbia.
        (D) Promulgations made before satisfactory data are available 
    from the Department of Commerce for a full year on the per capita 
    income of Alaska shall prescribe a Federal percentage for Alaska of 
    50 per centum and, for purposes of such promulgations, Alaska shall 
    not be included as part of the ``United States''. Promulgations made 
    thereafter but before per capita income data for Alaska for a full 
    three-year period are available from the Department of Commerce 
    shall be based on satisfactory data available therefrom for Alaska 
    for such one full year or, when such data are available for a two-
    year period, for such two years.
        (9) The term ``shared health facility'' means any arrangement 
    whereby--
            (A) two or more health care practitioners practice their 
        professions at a common physical location;
            (B) such practitioners share (i) common waiting areas, 
        examining rooms, treatment rooms, or other space, (ii) the 
        services of supporting staff, or (iii) equipment;
            (C) such practitioners have a person (who may himself be a 
        practitioner)--
                (i) who is in charge of, controls, manages, or 
            supervises substantial aspects of the arrangement or 
            operation for the delivery of health or medical services at 
            such common physical location, other than the direct 
            furnishing of professional health care services by the 
            practitioners to their patients; or
                (ii) who makes available to such practitioners the 
            services of supporting staff who are not employees of such 
            practitioners;

        and who is compensated in whole or in part, for the use of such 
        common physical location or support services pertaining thereto, 
        on a basis related to amounts charged or collected for the 
        services rendered or ordered at such location or on any basis 
        clearly unrelated to the value of the services provided by the 
        person; and
            (D) at least one of such practitioners received payments on 
        a fee-for-service basis under subchapters XVIII and XIX of this 
        chapter in an amount exceeding $5,000 for any one month during 
        the preceding 12 months or in an aggregate amount exceeding 
        $40,000 during the preceding 12 months;

    except that such term does not include a provider of services (as 
    defined in section 1395x(u) of this title), a health maintenance 
    organization (as defined in section 300e(a) of this title), a 
    hospital cooperative shared services organization meeting the 
    requirements of section 501(e) of the Internal Revenue Code of 1986, 
    or any public entity.
        (10) The term ``Administration'' means the Social Security 
    Administration, except where the context requires otherwise.

    (b) The terms ``includes'' and ``including'' when used in a 
definition contained in this chapter shall not be deemed to exclude 
other things otherwise within the meaning of the term defined.
    (c) Whenever under this chapter or any Act of Congress, or under the 
law of any State, an employer is required or permitted to deduct any 
amount from the remuneration of an employee and to pay the amount 
deducted to the United States, a State, or any political subdivision 
thereof, then for the purposes of this chapter the amount so deducted 
shall be considered to have been paid to the employee at the time of 
such deduction.
    (d) Nothing in this chapter shall be construed as authorizing any 
Federal official, agent, or representative, in carrying out any of the 
provisions of this chapter, to take charge of any child over the 
objection of either of the parents of such child, or of the person 
standing in loco parentis to such child.

(Aug. 14, 1935, ch. 531, title XI, Sec. 1101, 49 Stat. 647; Aug. 10, 
1939, ch. 666, title VIII, Sec. 801, 53 Stat. 1398; Aug. 10, 1946, ch. 
951, title IV, Sec. 401(a), 60 Stat. 986; June 14, 1948, ch. 468, 
Sec. 2(a), 62 Stat. 438; Aug. 28, 1950, ch. 809, title IV, 
Sec. 403(a)(1), (2), (b), 64 Stat. 559; Aug. 16, 1956, ch. 836, title 
III, Sec. 333, 70 Stat. 852; Pub. L. 85-840, title V, Secs. 505, 506, 
Aug. 28, 1958, 72 Stat. 1050, 1051; Pub. L. 86-70, Sec. 32(a), (d), June 
25, 1959, 73 Stat. 149; Pub. L. 86-624, Sec. 30(a), (d), July 12, 1960, 
74 Stat. 419, 420; Pub. L. 86-778, title V, Sec. 541, Sept. 13, 1960, 74 
Stat. 985; Pub. L. 87-543, title I, Sec. 153, July 25, 1962, 76 Stat. 
206; Pub. L. 89-97, title I, Sec. 121(c)(1), July 30, 1965, 79 Stat. 
352; Pub. L. 92-603, title II, Sec. 272(a), Oct. 30, 1972, 86 Stat. 
1451; Pub. L. 93-233, Sec. 18(z-2)(1)(A), Dec. 31, 1973, 87 Stat. 973; 
Pub. L. 94-273, Sec. 22, Apr. 21, 1976, 90 Stat. 379; Pub. L. 94-566, 
title I, Sec. 116(a), Oct. 20, 1976, 90 Stat. 2672; Pub. L. 95-142, 
Sec. 5(c)(2), (l)(2), Oct. 25, 1977, 91 Stat. 1184, 1191; Pub. L. 97-35, 
title XXI, Secs. 2162(a)(1), 2193(c)(2), title XXIII, Sec. 2352(b), Aug. 
13, 1981, 95 Stat. 806, 827, 871; Pub. L. 97-248, title I, Secs. 136(a), 
160(c), Sept. 3, 1982, 96 Stat. 375, 400; Pub. L. 98-369, div. B, title 
VI, Sec. 2663(e)(1), (j)(1), July 18, 1984, 98 Stat. 1167, 1170; Pub. L. 
99-272, title IX, Sec. 9528(a), Apr. 7, 1986, 100 Stat. 219; Pub. L. 99-
514, Sec. 2, title XVIII, Secs. 1883(c)(1), 1895(c)(6), Oct. 22, 1986, 
100 Stat. 2095, 2918, 2936; Pub. L. 100-203, title IX, Sec. 9135(a)(1), 
(b)(1), Dec. 22, 1987, 101 Stat. 1330-315; Pub. L. 100-485, title VI, 
Sec. 601(a), Oct. 13, 1988, 102 Stat. 2407; Pub. L. 103-296, title I, 
Sec. 108(b)(1), Aug. 15, 1994, 108 Stat. 1481; Pub. L. 105-33, title IV, 
Sec. 4901(b)(1), Aug. 5, 1997, 111 Stat. 570.)

                       References in Text

    Part B of subchapter IV of this chapter, referred to in subsec. 
(a)(1), is classified to section 620 et seq. of this title.
    Section 301 of the Social Security Amendments of 1972, referred to 
in subsec. (a)(1), is section 301 of Pub. L. 92-603, title III, Oct. 30, 
1972, 86 Stat. 1465, which enacted sections 1381 to 1382e and 1383 to 
1383c of this title.
    The Internal Revenue Code of 1986, referred to in subsec. (a)(9), is 
classified generally to Title 26, Internal Revenue Code.


                               Amendments

    1997--Subsec. (a)(1). Pub. L. 105-33 substituted ``XIX, and XXI'' 
for ``and XIX'' and ``subchapters XIX and XXI'' for ``subchapter XIX''.
    1994--Subsec. (a)(10). Pub. L. 103-296 added par. (10).
    1988--Subsec. (a)(1). Pub. L. 100-485 amended last sentence 
generally. Prior to amendment, last sentence read as follows: ``Such 
term when used in part B of subchapter IV of this chapter also includes 
American Samoa.''
    1987--Subsec. (a)(1). Pub. L. 100-203, Sec. 9135(a)(1), inserted 
``American Samoa,'' after ``Guam,''.
    Pub. L. 100-203, Sec. 9135(b)(1), inserted at end ``Such term when 
used in part B of subchapter IV of this chapter also includes American 
Samoa.''
    1986--Subsec. (a)(3) to (5). Pub. L. 99-514, Sec. 1883(c)(1), 
realigned margins of pars. (3) to (5).
    Subsec. (a)(8)(B). Pub. L. 99-514, Sec. 1895(c)(6), amended 
directory language of Pub. L. 99-272, Sec. 9528(a), and did not involve 
any change in text. See note below.
    Pub. L. 99-272, Sec. 9528(a), as amended by Pub. L. 99-514, 
Sec. 1895(c)(6), struck out ``even-numbered'' after ``November 30 of 
each'' and substituted ``for each of the four quarters'' for ``for each 
of the eight quarters''.
    Subsec. (a)(9). Pub. L. 99-514, Sec. 2, substituted ``Internal 
Revenue Code of 1986'' for ``Internal Revenue Code of 1954'' in closing 
provisions.
    1984--Subsec. (a)(6). Pub. L. 98-369, Sec. 2663(j)(1), substituted 
``means the Secretary of Health and Human Services'' for ``means the 
Secretary of Health, Education, and Welfare''.
    Subsec. (a)(8), (9). Pub. L. 98-369, Sec. 2663(e)(1), realigned 
margins of pars. (8) and (9).
    1982--Subsec. (a)(1). Pub. L. 97-248, Sec. 136(a), inserted ``and 
American Samoa'' after ``includes the Northern Mariana Islands''.
    Pub. L. 97-248, Sec. 160(c), substituted ``Guam, and the Northern 
Mariana Islands'' for ``American Samoa, the Northern Mariana Islands, 
and the Trust Territory of the Pacific Islands''.
    1981--Subsec. (a)(1). Pub. L. 97-35, Secs. 2162(a)(1), 2352(b), 
substituted ``American Samoa, the Northern Mariana Islands, and'' for 
``American Samoa and'' and inserted provisions that ``State'' when used 
in subchapter XIX of this chapter also includes the Northern Mariana 
Islands and when used in subchapter XX of this chapter also includes the 
Virgin Islands, American Samoa, the Northern Mariana Islands, and the 
Trust Territory of the Pacific Islands.
    Subsec. (a)(9)(D). Pub. L. 97-35, Sec. 2193(c)(2), substituted 
``subchapters XVIII, and XIX of this chapter'' for ``subchapters V, 
XVIII, and XIX of this chapter''.
    1977--Subsec. (a)(1). Pub. L. 95-142, Sec. 5(l)(2), which directed 
that second sentence of par. (1) be amended by inserting provision that 
``State'' when used in part B of this subchapter also includes American 
Samoa and the Trust Territory of the Pacific Islands, was executed by 
inserting that provision to third sentence.
    Subsec. (a)(9). Pub. L. 95-142, Sec. 5(c)(2), added par. (9).
    1976--Subsec. (a)(1). Pub. L. 94-566 inserted provision that 
``State'', when used in subchapters III, IX, and XII of this chapter, 
also includes the Virgin Islands.
    Subsec. (a)(8)(B). Pub. L. 94-273 substituted ``October'' for 
``July'' in two places and ``November 30'' for ``August 31''.
    1973--Subsec. (a)(1). Pub. L. 93-233 struck out in first sentence 
references to subchapters I, X, XIV, and XVI of this chapter and 
inserted third sentence respecting the case of Puerto Rico, the Virgin 
Islands, and Guam.
    1972--Subsec. (a)(1). Pub. L. 92-603 extended benefits of subchapter 
V of this chapter to American Samoa and the Trust Territory of the 
Pacific Islands.
    1965--Subsec. (a)(1). Pub. L. 89-97 included subchapter XIX of this 
chapter.
    1962--Subsec. (a)(1). Pub. L. 87-543, Sec. 153(a), included in 
enumeration subchapters XI and XVI of this chapter.
    Subsec. (a)(2). Pub. L. 87-543, Sec. 153(b), struck out ``, the 
District of Columbia, and the Commonwealth of Puerto Rico'' after ``the 
States,''.
    1960--Subsec. (a)(1). Pub. L. 86-778 substituted ``The term `State', 
except where otherwise provided, includes the District of Columbia and 
the Commonwealth of Puerto Rico'' for ``The term `State' includes 
Hawaii, and the District of Columbia'', and ``includes the Virgin 
Islands and Guam'' for ``includes Puerto Rico, the Virgin Islands, and 
Guam''.
    Pub. L. 86-624, Sec. 30(d)(1), struck out ``Hawaii, and'' before 
``the District of Columbia''.
    Subsec. (a)(2). Pub. L. 86-778 substituted ``means, except where 
otherwise provided, the States, the District of Columbia, and the 
Commonwealth of Puerto Rico'' for ``means the States, Hawaii, and the 
District of Columbia''.
    Pub. L. 86-624, Sec. 30(d)(2), struck out ``, Hawaii,'' before ``and 
the District of Columbia''.
    Subsec. (a)(8)(A). Pub. L. 86-624, Sec. 30(a)(1), (2), substituted 
``per capita income of the United States'' for ``per capita income of 
the continental United States (including Alaska)'', and struck out 
provisions which prescribed the Federal percentage for Hawaii as 50 per 
centum.
    Subsec. (a)(8)(B). Pub. L. 86-624, Sec. 30(a)(1), substituted 
``United States'' for ``continental United States (including Alaska)''.
    Subsec. (a)(8)(C), (D). Pub. L. 86-624, Sec. 30(a)(3), added 
subpars. (C) and (D).
    1959--Subsec. (a)(1). Pub. L. 86-70, Sec. 32(d)(1), substituted 
``Hawaii and'' for ``Alaska, Hawaii, and''.
    Subsec. (a)(2). Pub. L. 86-70, Sec. 32(d)(2), struck out ``Alaska,'' 
before ``Hawaii''.
    Subsec. (a)(8). Pub. L. 86-70, Sec. 32(a), substituted ``(including 
Alaska)'' for ``(excluding Alaska)'' in two places, and ``50 per centum 
for Hawaii'' for ``50 per centum for Alaska and Hawaii''.
    1958--Subsec. (a)(1). Pub. L. 85-840, Sec. 506, included Guam within 
definition of ``State'' when used in subchapters I, IV, V, VII, X, and 
XIV of this chapter.
    Subsec. (a)(8). Pub. L. 85-840, Sec. 505, added par. (8).
    1956--Subsec. (a)(1). Act Aug. 1, 1956, inserted reference to 
subchapter VII of this chapter.
    1950--Subsec. (a)(1). Act Aug. 28, 1950, Sec. 403(a)(1), redefined 
``State''.
    Subsec. (a)(6). Act Aug. 28, 1950, Sec. 403(a)(2), defined 
``Administrator''.
    Subsec. (a)(7). Act Aug. 28, 1950, Sec. 403(b), added par. (7).
    1948--Subsec. (a)(6). Act June 14, 1948, provided for application of 
usual common-law rules in determining whether a person is an employee.
    1946--Subsec. (a)(1). Act Aug. 10, 1946, struck out exception of 
section 45b of title 29 and inserted reference to Virgin Islands.
    1939--Subsec. (a)(1). Act Aug. 10, 1939, redefined ``State''.


                    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 1988 Amendment

    Section 601(d) of Pub. L. 100-485 provided that: ``The amendments 
made by this section [amending this section and sections 603, 1308, and 
1318 of this title] shall become effective on October 1, 1988.''


                    Effective Date of 1987 Amendment

    Amendment by Pub. L. 100-203 applicable with respect to fiscal years 
beginning on or after Oct. 1, 1988, see section 9135(c) of Pub. L. 100-
203, set out as a note under section 621 of this title.


                    Effective Date of 1986 Amendments

    Amendment by section 1883(c)(1) of Pub. L. 99-514 effective Oct. 22, 
1986, see section 1883(f) of Pub. L. 99-514, set out as a note under 
section 402 of this title.
    Amendment by section 1895(c)(6) of Pub. L. 99-514 effective, except 
as otherwise provided, as if included in enactment of the Consolidated 
Omnibus Budget Reconciliation Act of 1985, Pub. L. 99-272, see section 
1895(e) of Pub. L. 99-514, set out as a note under section 162 of Title 
26, Internal Revenue Code.
    Section 9528(b), (c) of Pub. L. 99-272, as amended by Pub. L. 99-
509, title IX, Secs. 9102, 9421(a), Oct. 21, 1986, 100 Stat. 1972, 2065, 
provided that:
    ``(b) Effective Date.--The amendments made by this section [amending 
this section] shall apply to the Federal percentage (and Federal medical 
assistance percentage) for fiscal years 1987 and thereafter. Such 
amendments shall apply without regard to the requirement of section 
1101(a)(8)(B) of the Social Security Act [subsec. (a)(8)(B) of this 
section] relating to the promulgation of the Federal percentage prior to 
November 30 of the year preceding the year in which the new Federal 
percentage becomes applicable. The Secretary of Health and Human 
Services shall promulgate such new percentage for fiscal year 1987 as 
soon as practicable after the date of the enactment of this Act [Apr. 7, 
1986].
    ``(c) Hold Harmless Provision.--Notwithstanding subsection (b), for 
calendar quarters occurring during fiscal year 1987 and only for 
purposes of making payments to States under sections 403 and 1903 of the 
Social Security Act [sections 603 and 1396b of this title], the 
amendments made by subsection (a) [amending this section] shall not 
apply to a State with respect to either such section if the effect of 
the [sic] applying the amendments would be to reduce the amount of 
payment made to the State under that section.''
    [Section 9102 of Pub. L. 99-509 provided that the amendment made by 
that section [amending section 9528(c) of Pub. L. 99-272, set out above] 
is effective as provided in section 9421(b) of Pub. L. 99-509. See 
below.]
    [Section 9421(b) of Pub. L. 99-509 provided that: ``The amendment 
made by subsection (a) [enacting section 9528(c) of Pub. L. 99-272, set 
out above] shall be effective as though it had been included in the 
Consolidated Omnibus Budget Reconciliation Act of 1985 [Pub. L. 99-272] 
at the time of its enactment.'']


                    Effective Date of 1984 Amendment

    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 Date of 1982 Amendment

    Section 136(e) of Pub. L. 97-248 provided that: ``The amendments 
made by this section [amending this section and sections 1308, 1396a, 
and 1396d of this title] shall become effective on October 1, 1982.''
    Section 160(e) of Pub. L. 97-248 provided that: ``The amendments 
made by this section [amending this section and sections 671, 1308, and 
1397b of this title] shall be effective as of October 1, 1981.''


                    Effective Date of 1981 Amendment

    Amendment by section 2352(a) of Pub. L. 97-35 effective Oct. 1, 
1981, except as otherwise explicitly provided, see section 2354 of Pub. 
L. 97-35, set out as an Effective Date note under section 1397 of this 
title.
    For effective date, savings, and transitional provisions relating to 
amendment by section 2193(c)(2) of Pub. L. 97-35, see section 2194 of 
Pub. L. 97-35, set out as a note under section 701 of this title.


                    Effective Date of 1976 Amendment

    Amendment by Pub. L. 94-566 effective on the later of Oct. 1, 1976, 
or the day after the day on which the Secretary of Labor approves under 
section 3304(a) of Title 26, Internal Revenue Code, an unemployment 
compensation law submitted to him by the Virgin Islands for approval, 
see section 116(f)(1) of Pub. L. 94-566, set out as a note under section 
3304 of Title 26.


                    Effective Date of 1973 Amendment

    Section 18(z-2)(2) of Pub. L. 93-233 provided that: ``The amendments 
made by this subsection [amending this section and sections 1315 and 
1316 of this title] shall be effective on and after January 1, 1974.''


                    Effective Date of 1972 Amendment

    Section 272(c) of Pub. L. 92-603 provided that: ``The amendments 
made by this section [amending this section and section 1308 of this 
title] shall apply with respect to fiscal years beginning after June 30, 
1971.''


                    Effective Date of 1965 Amendment

    Section 121(c)(1) of Pub. L. 89-97 provided that the amendment made 
by that section is effective Jan. 1, 1966.


                    Effective Date of 1960 Amendments

    Section 541 of Pub. L. 86-778 provided that the amendment made by 
that section is effective on and after Jan. 1, 1961.
    Amendment by section 30(d) of Pub. L. 86-624 effective Aug. 21, 
1959, see section 47(f) of Pub. L. 86-624, set out as a note under 
section 201 of this title.
    Amendment by section 30(a)(1) of Pub. L. 86-624 applicable in the 
case of promulgations or computations of Federal shares, allotment 
percentages, allotment ratios, and Federal percentages, as the case may 
be, made after Aug. 21, 1959, see section 47(a) of Pub. L. 86-624.
    Section 47(b) of Pub. L. 86-624 provided that: ``The amendments made 
by paragraph (2) of section 30(a) [amending this section] shall be 
effective with the beginning of the calendar quarter in which this Act 
is enacted. The Secretary of Health, Education, and Welfare shall, as 
soon as possible after enactment of this Act [July 12, 1960], promulgate 
a Federal percentage for Hawaii determined in accordance with the 
provisions of subparagraph (B) of section 1101(a)(8) of the Social 
Security Act [subsec. (a)(8)(B) of this section], such promulgation to 
be effective for the period beginning with the beginning of the calendar 
quarter in which this Act is enacted and ending with the close of June 
30, 1961.''


                    Effective Date of 1959 Amendment

    Amendment by section 32(a) of Pub. L. 86-70 applicable in the case 
of promulgations of Federal shares, allotment percentages, allotment 
ratios, and Federal percentages, as the case may be, made after 
satisfactory data are available from the Department of Commerce for a 
full year on the per capita income of Alaska, and amendment by section 
32(d) of Pub. L. 86-70 effective Jan. 3, 1959, see section 47(a), (d) of 
Pub. L. 86-70.


                    Effective Date of 1958 Amendment

    For effective date of amendments by Pub. L. 85-840, see section 512 
of Pub. L. 85-840, set out as a note under section 303 of this title.


                    Effective Date of 1950 Amendment

    Section 403(a)(3) of act Aug. 28, 1950, provided that: ``The 
amendment made by paragraph (1) of this subsection [amending this 
section] shall take effect October 1, 1950, and the amendment made by 
paragraph (2) of this subsection [amending this section], insofar as it 
repeals the definition of `employee', shall be effective only with 
respect to services performed after 1950.''
    Section 403(b) of act Aug. 28, 1950, provided that the amendment 
made by that section is effective Oct. 1, 1950.


                    Effective Date of 1948 Amendment

    Section 2(b) of act June 14, 1948, provided that: ``The amendment 
made by subsection (a) [amending this section] shall have the same 
effect as if included in the Social Security Act [this chapter] on 
August 14, 1935, the date of its enactment, but shall not have the 
effect of voiding any (1) wage credits reported to the Bureau of 
Internal Revenue [now Internal Revenue Service] with respect to services 
performed prior to the enactment of this Act [June 14, 1948] or (2) wage 
credits with respect to services performed prior to the close of the 
first calendar quarter which begins after the date of the enactment of 
this Act in the case of individuals who have attained age sixty-five or 
who have died, prior to the close of such quarter, and with respect to 
whom prior to the date of enactment of this Act wage credits were 
established which would not have been established had the amendment made 
by subsection (a) been in effect on and after August 14, 1935.''


                    Effective Date of 1946 Amendment

    Section 401(a) of act Aug. 10, 1946, provided that the amendment 
made by that section is effective Jan. 1, 1947.


                    Effective Date of 1939 Amendment

    Section 801 of act Aug. 10, 1939, provided that the amendment made 
by that section is effective Jan. 1, 1940.


                                 Repeals

    The provisions of subsecs. (a)(1), (3), (6), (c) of this section 
were incorporated into sections 1426(d) to (f), 1427, 1607(i) to (k), 
and 1608 of former Title 26, Internal Revenue Code of 1939, by act Feb. 
10, 1939, ch. 2, 53 Stat. 1. Section 4 of the act of Feb. 10, 1939, 
provided that all laws and parts of laws codified into the Internal 
Revenue Code of 1939, to the extent that they related exclusively to 
internal revenue, were repealed. See enacting sections preceding section 
1 of former Title 26.
    Provisions of the Internal Revenue Code of 1939 were generally 
repealed by section 7851 of Title 26, Internal Revenue Code of 1954 (act 
Aug. 16, 1954, ch. 736, 68A Stat. 3). See, also, section 7807 of said 
Title 26, I.R.C. 1954, respecting rules in effect upon enactment of 
I.R.C. 1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99-
514, Sec. 2, Oct. 22, 1986, 100 Stat. 2095. Said repealed sections are 
covered by sections 3121, 3123, 3306, 3307, 7701 of Title 26.

                          Transfer of Functions

    Functions of Federal Security Administrator transferred to Secretary 
of Health, Education, and Welfare and all 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.

          Termination of Trust Territory of the Pacific Islands

    For termination of Trust Territory of the Pacific Islands, see note 
set out preceding section 1681 of Title 48, Territories and Insular 
Possessions.


          Provisions Relating to Federal Security Administrator

    Section 2663(l) of Pub. L. 98-369 provided that: ``Any reference to 
the Federal Security Administrator which may remain in the provisions of 
title II, IV, VII, or XI of the Social Security Act [subchapter II, IV, 
VII, or XI of this chapter] (other than section 1101(a)(6) of such Act 
[subsec. (a)(6) of this section]) is amended--
        ``(1) by substituting `Secretary' or `Secretary's' for the term 
    `Administrator' or `Administrator's', where the reference is to that 
    term alone;
        ``(2) by substituting `Secretary of Health, Education, and 
    Welfare' for the term `Federal Security Administrator', where the 
    reference is to that term, if the provision containing such 
    reference is amended by paragraph (2) or (3) of subsection (j) [Pub. 
    L. 98-369, Sec. 2663(j)(2), (3), see Tables for classification] (in 
    which case the amendment of such provision under this paragraph 
    shall be deemed to have taken effect immediately prior to the 
    amendment of such provision under such paragraph (2) or (3)); and
        ``(3) by substituting `Secretary of Health and Human Services' 
    for the term `Federal Security Administrator' in any other case 
    where the reference is to that term;
and any reference to the Federal Security Agency which may remain in 
such provisions is amended by substituting `Department of Health and 
Human Services' for the term `Federal Security Agency'; but nothing in 
this subsection shall affect the exercise under section 402(a)(5) of 
such Act [section 602(a)(5) of this title] of the functions, powers, and 
duties relating to the prescription of personnel standards on a merit 
basis which were transferred from the Secretary of Health, Education, 
and Welfare by section 208(a)(3)(D) of Public Law 91-648 [42 U.S.C. 
4728(a)(3)(D)].''


                       Definition of ``Secretary''

    Pub. L. 90-248, title IV, Sec. 404, Jan. 2, 1968, 81 Stat. 933, as 
amended by Pub. L. 96-88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 
695, provided that: ``As used in the amendments made by this Act [see 
Short Title of 1968 Amendment note set out under section 1305 of this 
title] (unless the context otherwise requires), the term `Secretary' 
means the Secretary of Health and Human Services.''
    Section 110 of Pub. L. 89-97, as amended by Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ``As used in 
this Act, and in the provisions of the Social Security Act amended by 
this Act [see Short Title of 1965 Amendment note set out under section 
1305 of this title], the term `Secretary', unless the context otherwise 
requires, means the Secretary of Health and Human Services.''
    Section 6 of Pub. L. 88-156, as amended by Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ``As used in 
the amendments to the Social Security Act made by this Act [see Short 
Title of 1963 Amendment note set out under section 1305 of this title], 
the term `Secretary' means the Secretary of Health and Human Services.''
    Section 201 of Pub. L. 87-543, as amended by Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ``As used in 
this Act and in the provisions of the Social Security Act amended by 
this Act [see Short Title of 1962 Amendment note set out under section 
1305 of this title], the term `Secretary', unless the context otherwise 
requires, means the Secretary of Health and Human Services.''
    Section 304 of title III of Pub. L. 87-64, as amended by Pub. L. 96-
88, title V, Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: 
``As used in this title and title I, and in the provisions of the Social 
Security Act amended thereby [see Short Title of 1961 Amendment note set 
out under section 1305 of this title], the term `Secretary', unless the 
context otherwise requires, means the Secretary of Health and Human 
Services.''
    Section 709 of Pub. L. 86-778, as amended by Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ``As used in 
this Act and the provisions of the Social Security Act amended by this 
Act [see Short Title of 1960 Amendment note set out under section 1305 
of this title] the term `Secretary', unless the context otherwise 
requires, means the Secretary of Health and Human Services.''
    Section 702 of Pub. L. 85-840, as amended by Pub. L. 96-88, title V, 
Sec. 509(b), Oct. 17, 1979, 93 Stat. 695, provided that: ``As used in 
the provisions of the Social Security Act amended by this Act [see Short 
Title of 1958 Amendment note set out under section 1305 of this title], 
the term ``Secretary'', unless the context otherwise requires, means the 
Secretary of Health and Human Services.''
    Section 119 of act Aug. 1, 1956, ch. 836, as amended Oct. 17, 1979, 
Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, provided that: ``As 
used in this Act and in the provisions of the Social Security Act set 
forth in this Act [see Short Title of 1956 Amendment note set out under 
section 1305 of this title], the term `Secretary' means the Secretary of 
Health and Human Services.''
    Section 114 of title I of act Sept. 1, 1954, as amended Oct. 17, 
1979, Pub. L. 96-88, title V, Sec. 509(b), 93 Stat. 695, provided that: 
``As used in the provisions of the Social Security Act amended by this 
title [sections 402, 403, 415, and 421 of this title], the term 
`Secretary' means the Secretary of Health and Human Services.''


                            Cross References

    Aid to the blind, see section 1206 of this title.
    Aid to the permanently and totally disabled, see section 1355 of 
this title.
    Employment security administrative expenses, see section 1101 of 
this title.
    Governor, see section 1324 of this title.
    Unemployment administrative expenses, see section 1104 of this 
title.

                  Section Referred to in Other Sections

    This section is referred to in sections 1012, 1395x, 1396d of this 
title.
