Title 42 — The Public Health and Welfare
Chapter 7 — Social Security
§ 422. Rehabilitation services
Statutory text
, (b) Repealed. Pub. L. 106–170, title I, § 101(b)(1)(B), (C), , 113 Stat. 1873
“Period of trial work” defined
The term “period of trial work”, with respect to an individual entitled to benefits under section 423, 402(d), 402(e), or 402(f) of this title, means a period of months beginning and ending as provided in paragraphs (3) and (4).
For purposes of sections 416(i) and 423 of this title, any services rendered by an individual during a period of trial work shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. For purposes of this subsection the term “services” means activity (whether legal or illegal) which is performed for remuneration or gain or is determined by the Commissioner of Social Security to be of a type normally performed for remuneration or gain.
A period of trial work for any individual shall begin with the month in which he becomes entitled to disability insurance benefits, or, in the case of an individual entitled to benefits under section 402(d) of this title who has attained the age of eighteen, with the month in which he becomes entitled to such benefits or the month in which he attains the age of eighteen, whichever is later, or, in the case of an individual entitled to widow’s or widower’s insurance benefits under section 402(e) or (f) of this title who became entitled to such benefits prior to attaining age 60, with the month in which such individual becomes so entitled. Notwithstanding the preceding sentence, no period of trial work may begin for any individual prior to the beginning of the month following September 1960; and no such period may begin for an individual in a period of disability of such individual in which he had a previous period of trial work.
A period of trial work for any individual shall end with the close of whichever of the following months is the earlier:
the ninth month, in any period of 60 consecutive months, in which the individual renders services (whether or not such nine months are consecutive); or
the month in which his disability (as defined in section 423(d) of this title) ceases (as determined after application of paragraph (2) of this subsection).
Upon conviction by a Federal court, or the imposition of a civil monetary penalty under section 1320a–8 of this title, that an individual has fraudulently concealed work activity during a period of trial work from the Commissioner of Social Security by—
providing false information to the Commissioner of Social Security as to whether the individual had earnings in or for a particular period, or as to the amount thereof;
receiving disability insurance benefits under this subchapter while engaging in work activity under another identity, including under another social security account number or a number purporting to be a social security account number; or
taking other actions to conceal work activity with an intent fraudulently to secure payment in a greater amount than is due or when no payment is authorized,
no benefit shall be payable to such individual under this subchapter with respect to a period of disability for any month before such conviction during which the individual rendered services during the period of trial work with respect to which the fraudulently concealed work activity occurred, and amounts otherwise due under this subchapter as restitution, penalties, assessments, fines, or other repayments shall in all cases be in addition to any amounts for which such individual is liable as overpayments by reason of such concealment.
Cost of rehabilitation services from trust funds
For purposes of making vocational rehabilitation services more readily available to disabled individuals who are—
entitled to disability insurance benefits under section 423 of this title,
entitled to child’s insurance benefits under section 402(d) of this title after having attained age 18 (and are under a disability),
entitled to widow’s insurance benefits under section 402(e) of this title prior to attaining age 60, or
entitled to widower’s insurance benefits under section 402(f) of this title prior to attaining age 60,
to the end that savings will accrue to the Trust Funds as a result of rehabilitating such individuals, there are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund each fiscal year such sums as may be necessary to enable the Commissioner of Social Security to reimburse the State for the reasonable and necessary costs of vocational rehabilitation services furnished such individuals (including services during their waiting periods), under a State plan for vocational rehabilitation services approved under title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.], (i) in cases where the furnishing of such services results in the performance by such individuals of substantial gainful activity for a continuous period of nine months, (ii) in cases where such individuals receive benefits as a result of section 425(b) of this title (except that no reimbursement under this paragraph shall be made for services furnished to any individual receiving such benefits for any period after the close of such individual’s ninth consecutive month of substantial gainful activity or the close of the month in which his or her entitlement to such benefits ceases, whichever first occurs), and (iii) in cases where such individuals, without good cause, refuse to continue to accept vocational rehabilitation services or fail to cooperate in such a manner as to preclude their successful rehabilitation. The determination that the vocational rehabilitation services contributed to the successful return of an individual to substantial gainful activity, the determination that an individual, without good cause, refused to continue to accept vocational rehabilitation services or failed to cooperate in such a manner as to preclude successful rehabilitation, and the determination of the amount of costs to be reimbursed under this subsection shall be made by the Commissioner of Social Security in accordance with criteria formulated by the Commissioner.
In the case of any State which is unwilling to participate or does not have a plan which meets the requirements of paragraph (1), the Commissioner of Social Security may provide such services in such State by agreement or contract with other public or private agencies, organizations, institutions, or individuals. The provision of such services shall be subject to the same conditions as otherwise apply under paragraph (1).
Payments under this subsection shall be made in advance or by way of reimbursement, with necessary adjustments for overpayments and underpayments.
Money paid from the Trust Funds under this subsection for the reimbursement of the costs of providing services to individuals who are entitled to benefits under section 423 of this title (including services during their waiting periods), or who are entitled to benefits under section 402(d) of this title on the basis of the wages and self-employment income of such individuals, shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid from the Trust Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Commissioner of Social Security shall determine according to such methods and procedures as the Commissioner may deem appropriate—
the total amount to be reimbursed for the cost of services under this subsection, and
subject to the provisions of the preceding sentence, the amount which should be charged to each of the Trust Funds.
For purposes of this subsection the term “vocational rehabilitation services” shall have the meaning assigned to it in title I of the Rehabilitation Act of 1973 [29 U.S.C. 720 et seq.], except that such services may be limited in type, scope, or amount in accordance with regulations of the Commissioner of Social Security designed to achieve the purpose of this subsection.
Treatment referrals for individuals with alcoholism or drug addiction condition
In the case of any individual whose benefits under this subchapter are paid to a representative payee pursuant to section 405(j)(1)(B) of this title, the Commissioner of Social Security shall refer such individual to the appropriate State agency administering the State plan for substance abuse treatment services approved under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x–21 et seq.).
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Pub. L. 83–531 · 68 Stat. 533
Enacted · 42 U.S.C. § 422
Aug. 14, 1935, ch. 531, title II, § 222, as added Sept. 1, 1954, ch. 1206, title I, § 106(g) 68 Stat. 1082
Source evidence
Code source credit
Aug. 14, 1935, ch. 531, title II, § 222, as added Sept. 1, 1954, ch. 1206, title I, § 106(g) 68 Stat. 1082Public Law not identified
Amended · 42 U.S.C. § 422(a)
Subsec. (a). Act Aug. 1, 1956, designated existing provisions as subsec. (a), authorized referral of disabled individuals who are entitled to child’s insurance benefits
Substituted · 42 U.S.C. § 422(a)
Subsec. (a). Act Aug. 1, 1956, substituted “rehabilitated into productive activity” for “restored to productive activity”
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsec. (a). Act Aug. 1, 1956, designated existing provisions as subsec. (a), authorized referral of disabled individuals who are entitled to child’s insurance benefits, and substituted “rehabilitated into productive activity” for “restored to productive activity”.Public Law not identified
Added · 42 U.S.C. § 422(b); 42 U.S.C. § 422(c)
Subsecs. (b), (c). Act Aug. 1, 1956, added subsecs. (b) and (c)
Unresolved: No Public Law or Statutes at Large citation in the Code source.
Source evidence
Code amendment note
Subsecs. (b), (c). Act Aug. 1, 1956, added subsecs. (b) and (c).Social Security Amendments of 1958
Pub. L. 85–840 title II § 205(n) · 72 Stat. 1013
Amended · 42 U.S.C. § 422(b)
Pub. L. 85–840 designated existing provisions thereof as par. (1)
Added · 42 U.S.C. § 422(b)
Pub. L. 85–840 added pars. (2) and (3)
Source evidence
Code amendment note
Subsec. (b). Pub. L. 85–840 designated existing provisions thereof as par. (1) and added pars. (2) and (3).Enacted provision · exact public law section
(n) Deductions on Account of Refusal To Accept Rehabilitation Services Section 222 (b) of such Act is amended by inserting after Post, p. 1032. paragraph (2) (added by section 307 (g) of this Act) the following new paragraph: “(3) Deductions shall be made from any wife’s, husband’s, or child’s insurance benefit, based on the wages and self-employment income of an individual entitled to disability insurance benefits, to which a wife, husband, or child is entitled, until the total of such deductions equal such wife’s, husband’s, or child’s insurance benefit or benefits under section 202 for any month in which the individual, Ante, pp. 1017, 1021, 1022–1024. Post, pp. 1026, 1027, 1029–1032. on the basis of whose wages and self-employment income such benefit was payable, refuses to accept rehabilitation services and deductions, on account of such refusal, are imposed under paragraph (1).”Social Security Amendments of 1960
Pub. L. 86–778 title IV § 403(a) · 74 Stat. 924
Substituted · 42 U.S.C. § 422(c)
Pub. L. 86–778 amended subsection generally by substituting provisions relating to period of trial work for provisions which related to services performed pursuant to a State-approved rehabilitation program
Source evidence
Code amendment note
Subsec. (c). Pub. L. 86–778 amended subsection generally by substituting provisions relating to period of trial work for provisions which related to services performed pursuant to a State-approved rehabilitation program.Enacted provision · exact public law section
(a) Section 222 of the Social Security Act is amended by striking out subsection (c) and inserting in lieu thereof the following: “Period of Trial Work “(c) (1) The term ‘period of trial work’, with respect to an individual 42 USC 402. entitled to benefits under section 223 or 202(d), means a period of months beginning and ending as provided in paragraphs (3) and (4). “(2) For purposes of sections 216(i) and 223, any services rendered by an individual during a period of trial work shall be deemed not to have been rendered by such individual in determining whether his disability has ceased in a month during such period. For purposes of this subsection the term ‘services’ means activity which is performed for remuneration or gain or is determined by the Secretary to be of a type normally performed for remuneration or gain. “(3) A period of trial work for any individual shall begin with the month in which he becomes entitled to disability insurance benefits, or, in the case of an individual entitled to benefits under section 202(d) who has attained the age of eighteen, with the month in which he becomes entitled to such benefits or the month in which he attains the age of eighteen, whichever is later. Notwithstanding the preceding sentence, no period of trial work may begin for any individual prior to the beginning of the month following the month in which this paragraph is enacted; and no such period may begin for an in- dividual in a period of disability of such individual in which he had a previous period of trial work. “(4) A period of trial work for any individual shall end with the close of whichever of the following months is the earlier: “(A) the ninth month, beginning on or after the first day of such period, in which the individual renders services (whether or not such nine months are consecutive); or “(B) the month in which his disability (as defined in section 223(c)(2)) ceases (as determined after application of paragraph 42 USC 423. (2) of this subsection). “(5) In the case of an individual who becomes entitled to benefits under section 223 for any month as provided in clause (ii) of subsection (a)(1) of such section, the preceding provisions of this subsection shall not apply with respect to services in any month beginning with the first month for which he is so entitled and ending with the first month thereafter for which he is not entitled to benefits under section 223.”Social Security Amendments of 1965
Pub. L. 89–97 § 308(d)(11) · 79 Stat. 288
Inserted · 42 U.S.C. § 422(b)(3)
Pub. L. 89–97, § 308(d)(11), inserted “divorced wife,” after “wife,”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 89–97, § 308(d)(11), inserted “divorced wife,” after “wife,”.Enacted provision · exact public law section
(11) Section 222(b)(3) of such Act is amended by inserting 42 USC 422. “divorced wife,” after “wife,”.Social Security Amendments of 1965
Pub. L. 89–97 § 306(c)(14) · 79 Stat. 288
Added · 42 U.S.C. § 422(b)(4)
Pub. L. 89–97, § 306(c)(14), added par. (4)
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 89–97, § 306(c)(14), added par. (4).Enacted provision · exact public law section
(14) Section 222(b) of such Act is amended by adding at the end 42 USC 422. thereof the following new paragraph: “(4) The provisions of paragraph (1) shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of Ante, pp. 370, 371. 42 USC 402. 18 but has not attained the age of 22, for any month during which he is a full-time student (as defined and determined under section 202(d)).”Social Security Amendments of 1965
Pub. L. 89–97 § 336 · 79 Stat. 288
Added · 42 U.S.C. § 422(d)
Pub. L. 89–97, § 336, added subsec. (d)
Source evidence
Code amendment note
Subsec. (d). Pub. L. 89–97, § 336, added subsec. (d).Enacted provision · exact public law section
Sec. 336. payment of costs of rehabilitation services from the trust funds Section 222 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(d) “costs of rehabilitation services from trust funds (1) For the purpose of making vocational rehabilitation services more readily available to disabled individuals who are— “(A) entitled to disability insurance benefits under section 70 Stat. 815. 42 USC 423. 64 Stat. 482. 42 USC 402. 223, or “(B) entitled to child’s insurance benefits under section 202 (d) after having attained age 18 (and are under a disability), to the end that savings will result to the Trust Funds as a result of rehabilitating the maximum number of such individuals into productive activity, there are authorized to be transferred from the Trust Funds such sums as may be necessary to enable the Secretary to pay the costs of vocational rehabilitation services for such individuals (including (i) services during their waiting periods, and (ii) so much of the expenditures for the administration of any State plan as is attributable to carrying out this subsection); except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits Ante, pp. 370, 397. under section 202(d) for children who have attained age 18 and are under a disability, and the benefits under section 223, which were certified for payment in the preceding year. The selection of individuals (including the order in which they shall be selected) to receive such services shall be made in accordance with criteria formulated by the Secretary which are based upon the effect the provision of such services would have upon the Trust Funds. “(2) In the case of each State which is willing to do so, such vocational rehabilitation services shall be furnished under a State plan for vocational rehabilitation services which— “(A) has been approved under section 5 of the Vocational 68 Stat. 656. 29 USC 35. Rehabilitation Act, “(B) provides that, to the extent funds provided under this subsection are adequate for the purpose, such services will be furnished, to any individual in the State who meets the criteria prescribed by the Secretary pursuant to paragraph (1), with reasonable promptness and in accordance with the order of selection determined under such criteria, and “(C) provides that such services will be furnished to any individual without regard to (i) his citizenship or place of residence, (ii) his need for financial assistance except as provided in regulations of the Secretary in the case of maintenance during rehabilitation, or (iii) any order of selection which would otherwise be followed under the State plan pursuant to section 5(a)(4) of the Vocational Rehabilitation Act. “(3) In the case of any State which does not have a plan which meets the requirements of paragraph (2), the Secretary may provide such services by agreement or contract with other public or private agencies, organizations, institutions, or individuals. “(4) Payments under this subsection may be made in installments, and in advance or by way of reimbursement, with necessary adjustments on account of overpayments or underpayments. “(5) Money paid from the Trust Funds under this subsection to pay the costs of providing services to individuals who are entitled to benefits under section 223 (including services during their waiting periods), 70 Stat. 815. 42 USC 423. 64 Stat. 482; Ante, pp. 370, 397. 42 USC 402. Ante, p. 370. or who are entitled to benefits under section 202(d) on the basis of the wages and self-employment income of such individuals shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid out from the Trust. Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Secretary shall determine according to such methods and procedures as he may deem appropriate— “(A) the total cost of the services provided under this subsection, and “(B) subject to the provisions of the preceding sentence, the amount of such cost which should be charged to each of such Trust Funds. “(6) For the purposes of this subsection the term ‘vocational rehabilitation services’ shall have the meaning assigned to it in the Vocational Rehabilitation Act, except that such services may be limited in 68 Stat. 652. 29 USC 31 note. type, scope, or amount in accordance with regulations of the Secretary designed to achieve the purposes of this subsection.”Social Security Amendments of 1967
Pub. L. 90–248 § 104(d)(3)(A) · 81 Stat. 821
Inserted · 42 U.S.C. § 422(a)
Pub. L. 90–248, § 104(d)(3)(A), inserted “widow’s insurance benefits, or widower’s insurance benefits,” after “benefits,”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 90–248, § 104(d)(3)(A), inserted “widow’s insurance benefits, or widower’s insurance benefits,” after “benefits,”.Enacted provision · exact public law section
(A) Section 222(a) of such Act is amended by inserting “widow’s insurance benefits, or widower’s insurance benefits,” after “benefits,”.Social Security Amendments of 1967
Pub. L. 90–248 § 104(d)(3)(B) · 81 Stat. 821
Substituted · 42 U.S.C. § 422(b)(1)
Pub. L. 90–248, § 104(d)(3)(B), substituted “child’s insurance benefits, a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62, or” for “child’s insurance benefits or if”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 90–248, § 104(d)(3)(B), substituted “child’s insurance benefits, a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62, or” for “child’s insurance benefits or if”.Enacted provision · exact public law section
(B) Section 222(b)(1) of such Act is amended by striking out “child’s insurance benefits or if” and inserting in lieu thereof “child’s insurance benefits, a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62, or”.Social Security Amendments of 1967
Pub. L. 90–248 § 158(c)(5) · 81 Stat. 821
Substituted · 42 U.S.C. § 422(c)(4)(B)
Pub. L. 90–248, § 158(c)(5), substituted reference to “423(d)” for “423(c)(2)”
Source evidence
Code amendment note
Subsec. (c)(4)(B). Pub. L. 90–248, § 158(c)(5), substituted reference to “423(d)” for “423(c)(2)”.Enacted provision · exact public law section
(5) Section 222(c)(4)(B) of such Act is amended by striking out 74 Stat. 968. 42 USC 422. “section 223(c)(2)” and inserting in lieu thereof “section 223(d)”.Social Security Amendments of 1967
Pub. L. 90–248 § 104(d)(4) · 81 Stat. 821
Added · 42 U.S.C. § 422(d)(1)
Pub. L. 90–248, § 104(d)(4), added subpars. (C) and (D)
Inserted · 42 U.S.C. § 422(d)(1)
Pub. L. 90–248, § 104(d)(4), inserted “the benefits under section 402(e) of this title for widows and surviving divorced wives who have not attained age 60 and are under a disability, the benefits under section 402(f) of this title for widowers who have not attained age 62,” after “disability,” in text following subpar. (D)
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 90–248, § 104(d)(4), added subpars. (C) and (D), and inserted “the benefits under section 402(e) of this title for widows and surviving divorced wives who have not attained age 60 and are under a disability, the benefits under section 402(f) of this title for widowers who have not attained age 62,” after “disability,” in text following subpar. (D).Enacted provision · exact public law section
(4) (A) Section 222(d)(1) of such Act is amended by inserting “or” at the end of subparagraph (B), and by inserting after such subparagraph the following new subparagraphs: “(C) entitled to widow’s insurance benefits under section 202 (e) prior to attaining age 60, or “(D) entitled to widower’s insurance benefits under section 202 (f) prior to attaining age 62,”. 42 USC 402. 79 Stat. 408. 42 USC 422. (B) Section 222(d)(1) of such Act is further amended by striking out “who have attained age 18 and are under a disability,” in the first sentence and inserting in lieu thereof the following: “who have attained age 18 and are under a disability, the benefits under section 202(e) for widows and surviving divorced wives who have not attained age 60 and are under a disability, the benefits under section 202(f) for widowers who have not attained age 62,”.Social Security Amendments of 1972
Pub. L. 92–603 § 107(b)(3) · 86 Stat. 1329
Substituted · 42 U.S.C. § 422(b)(1)
Pub. L. 92–603, § 107(b)(3), substituted “a widow, widower or surviving divorced wife who has not attained age 60” or “a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 92–603, § 107(b)(3), substituted “a widow, widower or surviving divorced wife who has not attained age 60” or “a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62”.Enacted provision · exact public law section
(3) Section 222(b)(1) of such Act is amended by striking out 42 USC 422. “a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62” and inserting in lieu thereof “a widow, widower or surviving divorced wife who has not attained age 60”.Social Security Amendments of 1972
Pub. L. 92–603 title I · 86 Stat. 1329
Substituted · 42 U.S.C. § 422(d)(1)
Pub. L. 92–603, §§ 107(b)(4), 131, substituted “age 60” for “age 62”
Inserted · 42 U.S.C. § 422(d)(1)
Pub. L. 92–603, §§ 107(b)(4), 131, inserted provisions increasing applicable percentages so that the total amount made available pursuant to subsec. (d) may not exceed 1.25 percent, in fiscal year ending June 30, 1973, and 1.5 percent, in fiscal year ending June 30, 1974, and thereafter, of the total of the benefits under section 402(d) of this title for children who have attained age 18 and are under a disability
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 92–603, §§ 107(b)(4), 131, substituted “age 60” for “age 62”, and inserted provisions increasing applicable percentages so that the total amount made available pursuant to subsec. (d) may not exceed 1.25 percent, in fiscal year ending June 30, 1973, and 1.5 percent, in fiscal year ending June 30, 1974, and thereafter, of the total of the benefits under section 402(d) of this title for children who have attained age 18 and are under a disability.Enacted provision · exact public law
TITLE I— PROVISIONS RELATING TO OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE Sec. 101. special minimum primary insurance amount (a) Section 215 (a) of the Social Security Act is amended— Ante, p. 410. (1) by striking out “paragraph (2)” in the matter preceding subparagraph (A) of paragraph (1) and inserting in lieu thereof “paragraphs (2) and (3)”;, and (2) by inserting after paragraph (2) the following: “(3) Such primary insurance amount shall be an amount equal to $8.50 multiplied by the individual’s years of coverage in excess of 10 in any case in which such amount is higher than the individual’s primary insurance amount as determined under paragraph (1) or (2). For purposes of paragraph (3), an individual’s ‘years of coverage’ “Years of coverage.” is the number (not exceeding 30) equal to the sum of (i) the number (not exceeding 14 and disregarding any fraction) determined by dividing the total of the wages credited to him (including wages deemed to be paid prior to 1951 to such individual under section 217, 64 Stat. 512. 42 USC 417. 50 Stat. 307. 45 USC 228a. compensation under the Railroad Retirement Act of 1937 prior to 1951 which is creditable to such individual pursuant to this title, and wages deemed to be paid prior to 1951 to such individual under section 231) Post, p. 1367. for years after 1936 and before 1951 by $900, plus (ii) the number equal to the number of years after 1950 each of which is a computation base year (within the meaning of subsection (b) (2) (C)) and in each of which he is credited with wages (including wages deemed to be 64 Stat. 512. 42 USC 417. 50 Stat. 307. 45 USC 228a. Post, p. 1352. paid to such individual under section 217, compensation under the Railroad Retirement Act of 1937 which is creditable to such individual pursuant to this title, and wages deemed to be paid to such individual under section 229) and self-employment income of not less than 25 percent of the maximum amount which, pursuant to subsection (e), may be counted for such year.” (b) Section 203(a) of such Act is amended by striking out “or” at the end of paragraph (3), by striking out the period at the end of paragraph (4) and inserting in lieu thereof “, or”, and by inserting after paragraph (4) the following new paragraph: “(5) whenever the monthly benefits of such individuals are based on an insured individual’s primary insurance amount which Ante, p. 1333. is determined under section 215(a)(3) and such primary insurance amount, does not appear in column IV of the table in (or Ante, p. 406. deemed to be in) section 215(a), the applicable maximum amount in column V of such table shall be the amount in such column that appears on the line on which the next higher primary insurance amount appears in column IV, or, if larger, the largest amount determined for such persons under this subsection for any month prior to October 1972.” (c) Section 215(a) (2) of such Act is amended by striking out “such primary insurance amount shall be” and all that follows and inserting in lieu thereof the following: “such primary insurance amount shall be— “(A) the amount in column IV of such table which is equal to the primary insurance amount upon which such disability insurance benefit is based; except that if such individual was entitled to a disability insurance benefit under 42 USC 423. section 223 for the month before the effective month of a new table (whether enacted by another law or deemed to be such Ante, p. 412. table under subsection (i)(2)(D)) and in the following month became entitled to an old-age insurance benefit, or he died in such following month, then his primary insurance amount for such following month shall be the amount in column IV of the new table on the line on which in column II of such table appeal’s his primary insurance amount for the month before the effective month of the table (as determined Ante, p. 411. under subsection (c)) instead of the amount in column IV equal to the primary insurance amount on which his disability “Primary insurance amount.” insurance benefit is based. For purposes of this paragraph, the term ‘primary insurance amount’ with respect to any individual means only a primary insurance amount determined under paragraph (1) (and such individual’s benefits shall be deemed to be based upon the primary insurance amount as so determined); or “(B) an amount equal to the primary insurance amount upon which such disability insurance benefit, is based if such primary insurance amount was determined under paragraph Ante, p. 1333. (3).” (d) Section 215(f)(2) of such Act is amended by striking out “subsection (a) (1) (A) and (C)” and inserting in lieu thereof “subsections (a)(1) (A) and (C) and (a)(3)”. (e) Section 215(i)(2) (A) (ii) of such Act is amended by striking out “under this title” and inserting in lieu thereof “under this title (but not including a primary insurance amount determined under subsection (a)(3) of this section)”. (f) Whenever an insured individual is entitled to benefits for a month which are based on a primary insurance amount under paragraph (1) or paragraph (3) of section 215(a) of the Social Security Act and for the following month such primary insurance amount is Ante, p. 1333. increased or such individual becomes entitled to benefits on a higher primary insurance amount under a different paragraph of such section 215(a), such individual’s old-age or disability insurance benefit (beginning Ante, p. 410. with the effective month of the increased primary insurance amount) shall be increased by an amount equal to the difference between the higher primary insurance amount and the primary insurance amount on which such benefit was based for the month prior to such effective month, after the application of section 202(g) of such Act where applicable, to such difference. Post, pp. 1336–1338. Effective date. 53 Stat. 1362. 42 USC 401. (g) The amendments made by this section shall apply with respect to monthly insurance benefits under title II of the Social Security Act for months after December 1972 (without regard to when the insured individual became entitled to such benefits or when he died) and with respect to lump-sum death payments under such title in the case of deaths occurring after such month. Sec. 102. increased widows and widower’s insurance benefits (a) (1) Section 202(e)(1) of the Social Security Act is 79 Stat. 376; 81 Stat. 828; Post, p. 1348. 42 USC 402. amended— (A) by striking out “82½ percent of” wherever it appears; (B) by striking out “entitled, after attainment of age 62, to wife’s insurance benefits,” in subparagraph (C) (i) and inserting in lieu thereof “entitled to wife’s insurance benefits,” and by striking out “or” at the end of clause (i) in such subparagraph and inserting in lieu thereof “and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 223, or”; and 42 USC 423. (C) by striking out “age 62” in subparagraph (C) (ii), and in the matter following subparagraph (G), and inserting in lieu thereof in each instance “age 65”. (2) Paragraph (2) of section 202(e) of such Act is amended to read as follows: “(2) (A) Except as provided in subsection (q), paragraph (4) of this subsection, and subparagraph (B) of this paragraph, such widow’s 75 Stat. 131; 79 Stat. 368. insurance benefit for each month shall be equal to the primary insurance amount of such deceased individual. “(B) If the deceased individual (on the basis of whose wages and self-employment income a widow or surviving divorced wife is entitled to widow’s insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widow’s insurance benefit of such widow or surviving divorced wife for any month shall, if the amount of the widow’s insurance benefit of such widow or surviving divorced wife (as determined under subparagraph (A) and after application of subsection (q)) is greater than— “(i) the amount of the old-age insurance benefit to which such deceased individual would have been entitled (after application of subsection (q)) for such month if such individual were still living, and “(ii) 82½ percent of the primary insurance amount of such deceased individual, be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).” (b) (1) Section 202(f) (1) of such Act is amended— 64 Stat. 485; 81 Stat. 829; Post, p. 1336. (A) by striking out “82½ percent of” wherever it appears; (B) by striking out “died.” in subparagraph (C) and inserting in lieu thereof “died, and (I) has attained age 65 or (II) is not entitled to benefits under subsection (a) or section 223,”; and (C) by striking out “age 62” in the matter following subparagraph (G) and inserting in lieu thereof “age 65”. (2) Paragraph (3) of section 202(f) of such Act is amended to read as follows: “(3) (A) Except as provided in subsection (q), paragraph (5) of this subsection, and subparagraph (B) of this paragraph, such widower’s insurance benefit for each month shall be equal to the primary insurance amount of his deceased wife. “(B) If the deceased wife (on the basis of whose wages and self-employment income a widower is entitled to widower’s insurance benefits under this subsection) was, at any time, entitled to an old-age insurance benefit which was reduced by reason of the application of subsection (q), the widower’s insurance benefit of such widower for any month shall, if the amount of the widower’s insurance benefit of such widower (as determined under subparagraph (A) and after application of subsection (q)) is greater than— “(i) the amount of the old-age insurance benefit to which such deceased wife would have been entitled (after application of subsection (q)) for such month if such wife were still living; and “(ii) 82½ percent of the primary insurance amount of such deceased wife; be reduced to the amount referred to in clause (i), or (if greater) the amount referred to in clause (ii).” (c) (1) The last sentence of section 203(c) of such Act is amended by striking out all that follows the semicolon and inserting in lieu thereof the following: “nor shall any deduction be made under this subsection from any widow’s insurance benefits for any month in which the widow or surviving divorced wife is entitled and has not attained age 65 (but only if she became so entitled prior to attaining age 60), or from any widower’s insurance benefit for any month in which the widower is entitled and has not attained age 65 (but only if he became so entitled prior to attaining age 62).” (2) Clause (D) of section 203(f) (1) of such Act is amended to read as follows: “(D) for which such individual is entitled to widow’s insurance benefits and has not attained age 65 (but only if she became so entitled prior to attaining age 60), or widower’s insurance benefits and has not attained age 65 (but only if he became so entitled prior to attaining age 62), or”. (d) Section 202(k) (3) (A) of such Act is amended by striking out “subsection (q) and” and inserting in lieu thereof “subsection (q), subsection (e)(2) or (f)(3), and”. (e) (1) Section 202(q) (1) of such Act is amended to read as follows: “(1) If the first month for which an individual is entitled to an old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is a month before the month in which such individual attains retirement age, the amount of such benefit for such month and for any subsequent month shall, subject to the succeeding paragraphs of this subsection, be reduced by— “(A) 59 of 1 percent of such amount if such benefit is an old-age insurance benefit, 2536 of 1 percent of such amount if such benefit is a wife’s or husband’s insurance benefit, or 1940 of 1 percent of such amount if such benefit is a widow’s or widower’s insurance benefit, multiplied by— “(B) (i) the number of months in the reduction period for such benefit (determined under paragraph (6) (A)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) if less, the number of such months in the adjusted reduction period for such benefit (determined under paragraph (7)), Infra. if such benefit is (I) for the month in which such individual attains age 62, or (II) for the month in which such individual attains retirement age; and in the case of a widow or widower whose first, month of entitlement to a widow’s or widower’s insurance benefit is a month before the month in which such widow or widower attains age 60, such benefit, reduced pursuant to the preceding provisions of this paragraph (and before the application of the second sentence of paragraph (8)), 75 Stat. 131; 79 Stat. 368. 42 USC 402. shall be, further reduced by— “(C) 43240 of 1 percent of the amount of such benefit, multiplied by— “(D) (i) the number of months in the additional reduction period for such benefit (determined under paragraph (6) (B)), if 81 Stat. 831. such benefit is for a month before the month in which such individual attains age 62, or “(ii) if less, the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), if such benefit is for the month in which such individual attains age 62 or any month thereafter.” (2) Section 202(q)(3) of such Act is amended— 75 Stat. 131; 79 Stat. 368, 369, 374. (A) by striking out clause (ii) of subparagraph (E) and inserting in lieu thereof the following: “(ii) the amount equal to the sum of (I) the amount by which such widow’s or widower’s insurance benefit would be reduced under paragraph (1) if the period specified in paragraph (6) (A) ended with the month before the month in which she or he attained age 62 and (II) the amount by which such old-age insurance benefit would be reduced under paragraph (1) if it were equal to the excess of such old-age insurance benefit (before reduction under this subsection) over such widow’s or widower’s insurance benefit (before reduction under this subsection)”. (B) by striking out clause (ii) of subparagraph (F) and inserting in lieu thereof the following: “(ii) the amount equal to the sum of (I) the amount by which such widow’s or widower’s insurance benefit would be reduced under paragraph (1) if the period specified in paragraph (6) (A) ended with the month before the month in which she or he attained age 62 and (II) the amount by which such disability insurance benefit would be reduced under paragraph (2) if it were equal to the excess of such disability insurance benefit (before reduction under this subsection) over such widow’s or widower’s insurance benefit (before reduction under this subsection)”. (C) by striking out “had such individual attained age 62 in” in subparagraph (G) and inserting in lieu thereof “as if the, period specified in paragraph (6) (A) (or, if such paragraph does not apply, the period specified in paragraph (6) (B)) ended with the month before”. (3) Section 202(q) (7) of such Act is amended— (A) by striking out everything that precedes subparagraph (A) and inserting in lieu thereof the following: “(7) For purposes of this subsection the ‘adjusted reduction period’ “Adjusted reduction period.” for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the reduction period prescribed in paragraph (6) (A) for such benefit, and the ‘additional adjusted reduction period’ “Additional adjusted reduction period.” for an individual’s, widow’s, or widower’s insurance benefit is the additional reduction period prescribed by paragraph (6) (B) for such benefit, excluding from each such period—”; and (B) by striking out “attained retirement age” in subparagraph (E) and inserting in lieu thereof “attained age 62, and also for any later month before the month in which he attained retirement age,”. (4) Section 202(q) (9) of such Act is amended to read as follows: “(9) For purposes of this subsection, the term ‘retirement age’ means age 65.” (5) Section 202(q) (3) of such Act is amended by adding at the end thereof the following new subparagraph: “(H) Notwithstanding subparagraph (A) of this paragraph, if the first month for which an individual is entitled to a widow’s or widower’s insurance benefit is a month for which such individual is also entitled to an old-age insurance benefit to which such individual was first entitled for a month before she or he became entitled to a widow’s or widower’s benefit, the reduction in such widow’s or widower’s insurance benefit, shall be determined under paragraph (1).” (f) Section 202 (m) of such Act is amended to read as follows: “(m) “Minimum Survivor’s Benefit (1) In any case in which an individual is entitled to a monthly benefit under this section on the basis of the wages and self-employment income of a deceased individual for any month and no other 64 Stat. 487. person is (without the application of subsection (j) (1)) entitled to a monthly benefit under this section for such month on the basis of such wages and self-employment income, such individual’s benefit amount Ante, p. 1336. for such month, prior to reduction under subsection (k) (3), shall be not less than the first amount appearing in column IV of the table Ante, p. 406. in (or deemed to be in) section 215(a), except as provided in paragraph (2). “(2) In the case of any such individual who is entitled to a monthly Ante, pp. 1335, 1336. benefit under subsection (e) or (f), such individual’s benefit amount, after reduction under subsection (q) (1), shall be not less than— “(A) $84.50, if his first, month of entitlement to such benefit is the month in which such individual attained age 62 or a subsequent month, or “(B) $84.50 reduced under subsection (g)(1) as if retirement 81 Stat. 831. age as specified in subsection (q) (6) (A) (ii) were age 62 instead Supra. of the age specified in subsection (q) (9), if his first month of entitlement to such benefit is before the month in which he attained age 62. “(3) In the case of any individual whose benefit amount was computed (or recomputed) under the provisions of paragraph (2) and such individual was entitled to benefits under subsection (e) or (f) for a month prior to any month after 1972 for which a general benefit Ante, p. 412. increase under this title (as defined in section 215(i) (3)) or a benefit increase under section 215 (i) becomes effective, the benefit amount of such individual as computed under paragraph (2) without regard to the reduction specified in subparagraph (B) thereof shall be increased by the percentage increase applicable for such benefit increase, prior to the application of subsection (q)(1) pursuant to paragraph (2)(B) 75 Stat. 131; 79 Stat. 368. and subsection (q) (4).” (g) (1) In the case of an individual who is entitled to widow’s or widower’s insurance benefits for the month of December 1972 the Secretary shall, if it would increase such benefits, redetermine the amount of such benefits for months after December 1972 under title II 53 Stat. 1362. 42 USC 401. of the Social Security Act as if the amendments made by this section had been in effect for the first month of such individual’s entitlement to such benefits. (2) For purposes of paragraph (1)— (A) any deceased individual on whose wages and self-employment income the benefits of an individual referred to in paragraph (1) are based, shall be deemed not to have been entitled to benefits if the record, of insured individuals who were entitled to benefits, that is readily available, to the Secretary contains no entry for such deceased individual; and (B) any deductions under subsections (b) and (c) of section 203 of such Act., applicable to the benefits of an individual 74 Stat. 953. 42 USC 403. referred to in paragraph (1) for any month prior to September 1965, shall be disregarded in applying the provisions of section 202(q) (7) of such Act (as amended by this Act). Ante, p. 1337. (h) Where— (1) two or more persons are entitled to monthly benefits under section 202 of the Social Security Act for December 1972 on the 64 Stat. 482. basis of the wages and self-employment, income of a deceased individual, and one or more of such persons is so entitled under subsection (e) or (f) of such section 202, and Ante, pp. 1335, 1336. (2) one or more of such persons is entitled on the basis of such wages and self-employment income to monthly benefits under subsection (e) or (f) of such section 202 (as amended by this section) for January 1973, and (3) the total of benefits to which all persons are entitled under section 202 of such Act on the basis of such wages and self-employment income for January 1973 is reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but 72 Stat. 1017; Ante, p. 410. for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each such person referred to in paragraph (1) is entitled for months after December 1972 shall in no case be less after the application of this section and such section 203 (a) than the amount it would have been without the application of this section. (i) The amendments made by this section shall apply with respect Effective date. to monthly benefits under title II of the Social Security Act for months 53 Stat. 1362. 42 USC 401. after December 1972. Sec. 103. delayed retirement credit (a) Section 202 of the Social Security Act is amended by 64 Stat. 482; 79 Stat. 392. adding after subsection (v) thereof the following: “(w) “Increase in Old-Age Insurance Benefit Amounts on Account of Delayed Retirement (1) If the first month for which an old-age insurance benefit becomes payable to an individual is not earlier than the month in which such individual attains age 65 (or his benefit payable at such age is not reduced under subsection (q)), the amount of the old-age Ante, pp. 1336–1338. insurance benefit (other than a benefit based on a primary insurance amount determined under section 215(a) (3)) which is payable without Ante, p. 1333. regard to this subsection to such individual shall be increased by— “(A) 112 of 1 percent of such amount, multiplied by “(B) the number (if any) of the increment, months for such individual. “(2) For purposes of this subsection, the number of increment months for any individual shall be a number equal to the total number of the months— “(A) which have elapsed after the month before the month in which such individual attained age 65 or (if later) December 1970 and prior to the month in which such individual attained age 72, and “(B) with respect to which— “(i) such individual was a fully insured individual (as Infra. defined in section 214 (a)), and “(ii) such individual either was not entitled to an old-age insurance benefit or suffered deductions under section 203 (b) 74 Stat. 953. 42 USC 403. or 203 (c) in amounts equal to the amount of such benefit. “(3) For purposes of applying the provisions of paragraph (1), a determination shall be made under paragraph (2) for each year, beginning with 1972, of the total number of an individual’s increment months through the year for which the determination is made and the total so determined shall be applicable to such individual’s old-age insurance benefits beginning with benefits for January of the year following the year for which such determination is made; except that the total number applicable in the case of an individual who attains age 72 after 1972 shall be determined through the month before the month in which he attains such age and shall be applicable to his old-age insurance benefit beginning with the month in which he attains such age. “(4) This subsection shall be applied after reduction under section 203(a).” (b) The matter following paragraph (3) of section 202(a) of such 70 Stat. 818. 42 USC 202. Act is amended by inserting “and subsection (w)” after “subsection (q)”. (c) Effective January 1, 1974, section 203(a) (2) (C) of such Act is amended by striking out “determined under this title” and inserting in lieu thereof “determined under this title (excluding any part thereof Ante, p. 1339 determined under section 202 (w))”. (d) The amendments made by this section shall be applicable with respect to old-age insurance benefits payable under title II of the 53 Stat. 1362. 42 USC 401. Social Security Act for months beginning after 1972. Sec. 104. age-62 computation point for men (a) Section 214(a)(1) of the Social Security Act is amended by striking out “before—” and all that follows down through “except” and inserting in lieu thereof the following: “before the year in which he died or (if earlier) the year in which he attained age 62, except”. (b) Section 215(b)(3) of such Act is amended by striking out “before—” and all that follows down through “For” and inserting in lieu thereof the following: “before the year in which he died, or if it occurred earlier but after 1960, the year in which he attained age 62. For”. (c) Section 223(a) (2) of such Act is amended— (1) by striking out “(if a woman) or age 65 (if a man)”, (2) by striking out “in the case of a woman” and inserting in lieu thereof “in the case of an individual”, and (3) by striking out “she” and inserting in lieu thereof “he”. (d) Section 223(c) (1) (A) of such Act is amended by striking out “(if a woman) or age 65 (if a man)”. (e) Section 227(a) of such Act is amended by striking out “so much of paragraph (1) of section 214(a) as follows clause (C)” and inserting in lieu thereof “paragraph (1) of section 214(a)”. (f) Section 227 (b) of such Act is amended by striking out “so much of paragraph (1) thereof as follows clause (C)” and inserting Supra. in lieu thereof “paragraph (1) thereof”. (g) Sections 209(i) and 216(i) (3) (A), of such Act are amended 42 USC 409, 416. by striking out “(if a woman) or age 65 (if a man)”. (h) Section 303(g) (1) of the Social Security Amendments of 1960 42 USC 415 note. is amended— (1) by striking out “Amendments of 1965 and 1967” and inserting in lieu thereof “Amendments of 1965, 1967, 1969, and 1972 (and by Public Law 92–5)”; and (2) by striking out “Amendments of 1967” wherever it appears and inserting in lieu thereof “Amendments of 1972”. (i) Paragraph (9) of section 3121(a) of the Internal Revenue Code of 1954 (relating to definition of wages) is amended to read as follows: 70 Stat. 839. 26 USC 3121. “(9) any payment (other than vacation or sick pay) made to an employee after the month in which he attains age 62, if such employee did not work for the employer in the period for which such payment is made;”. (j) (1) The amendments made, by this section (except the amendment Effective dates. made by subsection (i), and the amendment made by subsection (g) to section 209 (i) of the Social Security Act) shall apply only in the case of a man who attains (or would attain) age 62 after December 1974. The amendment made by subsection (i), and the amendment made by subsection (g) to section 209 (i) of the Social Security Act, shall apply only with respect to payments after 1974. (2) In the ease of a man who attains age 62 prior to 1975, the number of his elapsed years for purposes of section 215(b) (3) of the Social Security Act shall be equal to (A) the number determined Ante, p. 1340. under such section as in effect on September 1, 1972, or (B) if less, the number determined as though he attained age 65 in 1975, except that monthly benefits under title II of the Social Security Act for 53 Stat. 1362. 42 USC 401. months prior to January 1973 payable on the basis of his wages and self-employment income shall be determined as though this section had not been enacted. (3) (A) In the ease of a man who attains or will attain age 62 in 1973, the figure “65” in sections 214(a) (1), 223(c) (1) (A), and 216(i) Ante, p. 1340; Supra. (3) (A) of the Social Security Act shall be deemed to read “64”. (B) In the case of a man who attains or will attain age 62 in 1974, the figure “65” in sections 214(a)(1), 223(c)(1)(A), and 216(i)(3) (A) of the Social Security Act shall be deemed to read “63”. Sec. 105. liberalization and automatic adjustment of earnings test (a) (1) Paragraphs (1) and (4)(B) of section 203(f) of the Social Security Act are each amended by striking out “$140” and 42 USC 403. inserting in lieu thereof “$175 or the exempt amount as determined under paragraph (8)”. (2) Paragraph (1) (A) of section 203(h) of such Act is amended by striking out “$140” and inserting in lieu thereof “$175 or the exempt amount as determined under subsection (f)(8)”. (3) Paragraph (3) of section 203(f) of such Act is amended to Post, p. 1342. read as follows: “(3) For purposes of paragraph (1) and subsection (h), an individual’s excess earnings for a taxable year shall be. 50 per centum of his earnings for such year in excess of the product of $175 or the exempt amount as determined under paragraph (8), multiplied by the number of months in such year. The excess earnings as derived under the preceding sentence, if not a multiple of $1, shall be reduced to the next lower multiple of $1.” (b) Section 203(f) of such Act is amended by adding at the end thereof the following new paragraph: “(8) (A) Whenever the Secretary pursuant to section 215 (i) increases benefits effective with the first month of the calendar year Publication in Federal Register. following a cost-of-living computation quarter, he shall also determine and publish in the Federal Register on or before November 1 of the calendar year in which such quarter occurs (along with the publication of such benefit increase as required by section 215 (i) (2) (D)) a new exempt amount which shall be effective (unless such new exempt amount is prevented from becoming effective by subparagraph (C) of this paragraph) with respect to any individual’s taxable year which ends with the close of or after the calendar year with the first month of which such benefit increase is effective (or, in the case of an individual who dies during such calendar year, with respect, to such individual’s taxable year which ends, upon his death, during such year. “(B) The exempt amount for each month of a particular taxable year shall be whichever of the following is the larger— “(i) the exempt amount which was in effect with respect to months in the taxable year in which the determination under subparagraph (A) was made, or “(ii) the product of the exempt amount described in clause (i) and the ratio of (I) the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of the calendar year in which the determination under subparagraph (A) was made to (II) the average of the taxable wages of all employees as reported to the Secretary for the first calendar quarter of 1973, or, if later, the first calendar quarter of the most recent calendar year in which an increase in the contribution and benefit base, was enacted or a determination resulting in such an Ante, p. 417. increase was made under section 230(a), with such product, if not a multiple of $10, being rounded to the next higher multiple of $10 where such product is a multiple of $5 but not of $10 and to the nearest multiple of $10 in any other case. Estimated increase, notice to congressional committees. Whenever the Secretary determines that the exempt amount is to be increased in any year under this paragraph, he shall notify the House Committee on Ways and Means and the Senate Committee on Finance no later than August 15 of such year of the estimated amount of such increase, indicating the new exempt amount, the actuarial estimates of the effect of the increase, and the actuarial assumptions and methodology used in preparing such estimates. “(C) Notwithstanding the determination of a new exempt amount by the Secretary under subparagraph (A) (and notwithstanding any publication thereof under such subparagraph or any notification thereof under the last sentence of subparagraph (B)), such new exempt amount shall not take effect pursuant thereto if during the calendar year in which such determination is made a law increasing the exempt amount or providing a general benefit increase under this title (as defined in section 215(i) (3)) is enacted.” (c) The amendments made by this section shall apply with respect to taxable years ending after December 1972. Sec. 106. exclusion of certain earnings in year of attaining age 72 (a) The first sentence of section 203(f) (3) of the Social Security Act (as amended by section 105(a)(3) of this Act) is further amended by inserting before the period at the end thereof the following: “, except that, in determining an individual’s excess earnings for the taxable year in which he attains age 72, there shall be excluded any earnings of such individual for the month in which he attains such age and any subsequent month (with any net earnings or net loss from self-employment in such year being prorated in an equitable manner under regulations of the Secretary)”. (b) The amendment made by subsection (a) shall apply with Effective date. respect to taxable years ending after December 1972. Sec. 107. reduced benefits for widowers at age 60 (a) Section 202 (f) of the Social Security Act (as amended by section 102(b) of this Act) is further amended— (1) by striking out “age 62” each place it appears in subparagraph (B) of paragraph (1) and in paragraph (6) and inserting in lieu thereof “age 60”; (2) by striking out “or the third month” in the matter following subparagraph (G) in paragraph (1) and inserting in lieu thereof “or, if he became entitled to such benefits before he attained age 60, the third month”; and (3) by striking out “the age of 62” in paragraph (5) and inserting in lieu thereof “the age of 60”, (b) (1) The last sentence of section 203(c) of such Act (as amended by section 102(c) (1) of this Act) is further amended by striking out “age 62” and inserting in lieu thereof “age 60”. (2) Clause (D) of section 203(f)(1) of such Act as amended by section 102(c)(2) of this Act) is further amended by striking out Ante, p. 1336. “age 62” and inserting in lieu thereof “age 60”. (3) Section 222(b)(1) of such Act is amended by striking out 42 USC 422. “a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62” and inserting in lieu thereof “a widow, widower or surviving divorced wife who has not attained age 60”. (4) Section 222(d) (1) (D) of such Act is amended by striking out 81 Stat. 832; Post, p. 1360. “age 62” each place it appears and inserting in lieu thereof “age 60”. (5) Section 225 of such Act is amended by striking out “age 62” and 42 USC 425. inserting in lieu thereof “age 60”. (c) The amendments made by this section shall apply with respect Effective date. to monthly benefits under title II of the Social Security Act for 53 Stat. 1362. 42 USC 401. months after December 1972, except that in the case of an individual who was not entitled to a monthly benefit under title II of such Act for December 1972 such amendments shall apply only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 108. entitlement to child’s insurance benefits based on disability which began between age 18 and 22 (a) Clause (ii) of section 202(d)(1)(B) of the Social Security Act is amended by striking out “which began before he 79 Stat. 370. 42 USC 402. attained the age of eighteen” and inserting in lieu thereof “which began before he attained the age of 22”. (b) Subparagraphs (F) and (G) of section 202(d) (1) of such Act are amended to read as follows: “(F) if such child was not under a disability (as so defined) at the time he attained the age of 18, the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, but only if he was not under a disability (as so defined) in such earlier month; or “(G) if such child was under a disability (as so defined) at the time he attained the age of 18, or if he was not under a disability (as so defined) at such time but was under a disability (as so defined) at or prior to the time he attained (or would attain) the age of 22, the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22, but only if he was not under a disability (as so defined) in such earlier month.” (c) Section 202(d) (1) of such Act is further amended by adding at the end thereof the following new sentence: “No payment under this paragraph may be made to a child who would not meet the 81 Stat. 868. 42 USC 423. definition of disability in section 223(d) except for paragraph (1) (B) thereof for any month in which he engages in substantial gainful activity.” (d) Section 202(d) (6) of such Act is amended by striking out “in which he is a full-time student and has not attained the age of 22” and all that follows and inserting in lieu thereof “in which he— “(A) (i) is a full-time student or is under a disability (as defined in section 223(d)), and (ii) had not attained the age of 22, or “(B) is under a disability (as so defined) which began before the close of the 84th month following the month in which his most recent entitlement to child’s insurance benefits terminated because he ceased to be under such disability, but only if he has filed application for such reentitlement. Such reentitlement shall end with the month preceding whichever of the following first occurs: “(C) the first month in which an event specified in paragraph (1) (D) occurs; “(D) the earlier of (i) the first month during no part of which he is a full-time student or (ii) the month in which he attains the age of 22, but only if he is not under a disability (as so defined) in such earlier month; or “(E) if he was under a disability (as so defined), the third month following the month in which he ceases to be under such disability or (if later) the earlier of— “(i) the first month during no part of which he is a full-time student, or “(ii) the month in which he attains the age of 22.” (e) Section 202 (s) of such Act is amended— (1) by striking out “which began before he attained such age” in paragraph (1); and (2) by striking out “which began before such child attained the age of 18” in paragraphs (2) and (3). (f) The amendments made by this section shall apply only with respect to monthly benefits under section 202 of the Social Security Act for months after December 1972 except that in the case of an individual who was not entitled to a monthly benefit under such section 202 for December 1972 such amendments shall apply only on the basis of an application filed after September 30, 1972. (g) Where— (1) one or more persons are entitled (without the application Post, p. 1351. of sections 202(j) (1) and 223(b) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for December 1972 on the basis of the wages and self-employment income of an insured individual, and (2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such section 202 or 223 for January 1973 solely by reason of the amendments made by this section on the basis of such wages and self-employment income, and (3) the total of benefits to which all persons are entitled under such sections 202 and 223 on the basis of such wages and self-employment 42 USC 402, 423. income for January 1973 is reduced by reason of section 203(a) of such Act as amended by this Act (or would, Ante, p. 410. but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled for months after December 1972 shall be adjusted, after the application of such section 203(a), to an amount no less than the amount it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit referred to in such paragraph (2). Sec. 109. continuation of child’s benefits through end of semester (a) Paragraph (7) of section 202(d) of the Social Security Act is amended by adding at the end thereof the following new subparagraph: 79 Stat. 371. 42 USC 402. “(D) A child who attains age 22 at a time when he is a full-time student (as defined in subparagraph (A) of this paragraph and without application of subparagraph (B) of such paragraph) but has not (at such time) completed the requirements for, or received, a degree from a four-year college or university shall be deemed (for purposes of determining whether his entitlement to benefits under this subsection has terminated under paragraph (1) (F) and for purposes of determining his initial entitlement to such benefits under clause (i) of paragraph (1) (B)) not to have attained such age, until the first day of the first month following the end of the quarter or semester to which he is enrolled at such time (or, if the educational institution (as defined in this paragraph) in which he is enrolled is not operated on a quarter or semester system, until the first day of the first month following the completion of the course in which he is so enrolled or until the first day of the third month beginning after such time, whichever first occurs).” (b) The amendment made by subsection (a) shall apply only with Effective date. respect to benefits payable under title II of the Social Security Act for 53 Stat. 1362. 42 USC 401. months after December 1972. Sec. 110. child’s benefits in case of child entitled on more than one wage record (a) Section 202(h)(2)(A) of the Social Security Act is 64 Stat. 482. amended to read as follows: “(2) (A) Any child who under the preceding previsions of this section is entitled for any month to child’s insurance benefits on the wages and self-employment income of more than one insured individual shall, notwithstanding such provisions, be entitled to only one of such child’s insurance benefits for such month. Such child’s insurance benefits for such month shall be the benefit based on the wages and self-employment income of the insured individual who has the greatest primary insurance amount, except that such child’s insurance benefits for such month shall be the largest benefit to which such child could be entitled under subsection (d) (without the application of section 203(a)) or subsection (m) if entitlement to such benefit would not, with respect to any person, result in a benefit lower (after the application of section 203(a)) than the benefit which would be applicable if such child were entitled on the wages and self-employment income of the individual with the greatest primary insurance’ amount. Where more than one child is entitled to child’s insurance benefits pursuant to the preceding provisions of this paragraph, each such child who is entitled on the wages and self-employment income of the same insured individuals shall be entitled on the wages and self-employment income of the same such insured individual.” (b) The amendment made by subsection (a) shall apply only with 53 Stat. 1362. 42 USC 401. respect to monthly benefits under title II of the Social Security Act for months after December 1972. Sec. 111. adoptions by disability and old-age insurance beneficiaries (a) Section 202(d) of the Social Security Act is amended by striking out paragraphs (8) and (9) and inserting in lieu thereof the following new paragraph: “(8) In the case of— “(A) an individual entitled to old-age insurance benefits (other than an individual referred to in subparagraph (B)), or “(B) an individual entitled to disability insurance benefits, or an individual entitled to old-age insurance benefits who was entitled to disability insurance benefits for the month preceding the first month for which he was entitled to old-age insurance benefits, a child of such individual adopted after such individual became entitled to such old-age or disability insurance benefits shall be deemed not to meet the requirements of clause (i) or (iii) of paragraph (1) (C) unless such child— “(C) is the natural child or stepchild of such individual (including such a child who was legally adopted by such individual), or “(D) (i) was legally adopted by such individual in an adoption decreed by a court of competent jurisdiction within the United States, “(ii) was living with such individual in the United States and receiving at least one-half of his support from such individual (I) if he is an individual referred to in subparagraph (A), for the year immediately before the month in which such individual became entitled to old-age insurance benefits or, if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, the month in which such period of disability began, or (II) if he is an individual referred to in subparagraph (B), for the year immediately before the month in which began the period of disability of such individual which still exists at the time of adoption (or. if such child was adopted by such individual after such individual attained age 65, the period of disability of such individual which existed in the month preceding the month in which he attained age 65), or the month in which such individual became entitled to disability insurance benefits, and “(iii) had not attained the age of 18 before he began living with such individual. In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if, as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of birth of such child.” (b) The amendment made by subsection (a) shall apply with respect Effective date. to monthly benefits payable under title II of the Social Security Act 53 Stat. 1362. 42 USC 401. for months after December 1967 on the basis of an application filed in or after the month in which this Act is enacted; except that such amendments shall not apply with respect to benefits for any month before the month in which this Act is enacted unless such application is filed before the close of the sixth month after the month m which this Act is enacted. Sec. 112. child’s insurance benefits not to be terminated by reason of adoption (a) Paragraph (1)(D) of section 202(d) of the Social Security Act is amended by striking out “marries” and all that follows 79 Stat. 371. 42 USC 402. and inserting in lieu thereof “or marries,”. (b) The amendment, made by subsection (a) shall apply only with Effective date. respect to monthly benefits under title II of the Social Security Act for months beginning with the month in which this Act is enacted. (c) Any child— (1) whose entitlement to child’s insurance benefits under section 202(d) of the Social Security Act was terminated by reason of his adoption, prior to the date of the enactment of this Act, and (2) who. except for such adoption, would be entitled to child’s insurance benefits under such section for a month after the month in which this Act is enacted, may, upon filing application for child’s insurance benefits under the Social Security Act after the date of enactment of this Act, become reentitled to such benefits; except that no child shall, by reason of the enactment of this section, become reentitled to such benefits for any month prior to the month after the month in which this Act is enacted. Sec. 113. benefits for child based on earnings record of grandparent (a) The first sentence of section 216(e) of the Social Security Act is amended— 74 Stat. 950. 42 USC 416. (1) by striking out “and” at the end of clause (1), and (2) by inserting immediately before the period at the end thereof the following: “, and (3) a person who is the grandchild or stepgrandchild of an individual or his spouse, but only if (A) there was no natural or adoptive parent (other than such a parent who was under a disability, as defined in section 223(d)) of 42 USC 423. such person living at the time (i) such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (ii) if such individual had a period of disability which continued until such individual became entitled to old-age insurance benefits or disability insurance benefits, or died, at the time such period of disability began, or (B) such person was legally adopted after the death of such individual by such individual’s surviving spouse in an adoption that was decreed by a court of competent jurisdiction within the United States and such person’s natural or adopting parent or stepparent was not living in such individual’s household and making regular contributions toward such person’s support at the time such individual died”. (b) Section 202(d) of such Act (as amended by section 111 of this Act) is further amended by adding at the end thereof the following Ante, p. 1346. new paragraph: “(9) (A) A child who is a child of an individual under clause (3) Ante, p. 1347. of the first sentence of section 216(e) and is not a child of such individual under clause (1) or (2) of such first sentence shall be deemed not to be dependent on such individual at the time specified in subparagraph 42 USC 416. (1) (C) of this subsection unless (i) such child was living with such individual in the United States and receiving at least one-half of his support from such individual (I) for the year immediately before the month in which such individual became entitled to old-age insurance benefits or disability insurance benefits or died, or (II) if such individual had a period of disability which continued until he had become entitled to old-age insurance benefits, or disability insurance benefits, or died, for the year immediately before the month in which such period of disability began, and (ii) the period during which such child was living with such individual began before the child attained age 18. “(B) In the case of a child who was born in the one-year period during which such child must have been living with and receiving at least one-half of his support from such individual, such child shall be deemed to meet such requirements for such period if. as of the close of such period, such child has lived with such individual in the United States and received at least one-half of his support from such individual for substantially all of the period which begins on the date of such child’s birth.” (c) The amendments made by this section shall apply with respect 53 Stat. 1362. 42 USC 401. to monthly benefits payable under title II of the Social Security Act for months after December 1972, but only on the basis of applications filed on or after the date of the enactment of this Act. Sec. 114. elimination of support requirement as condition of benefits for divorced and surviving divorced wives (a) Section 202(b) (1) of the Social Security Act is further amended— (1) by adding “and” at the end of subparagraph (C), (2) by striking out subparagraph (D), and (3) by redesignating subparagraphs (E) through (L) as subparagraphs (D) through (K), respectively. (b) (1) Section 202(e) (1) of such Act (as amended by section 102 Ante, p. 1335. (a) of this Act) is further amended— (A) by adding “and” at the end of subparagraph (C), (B) by striking out subparagraph (D), and (C) by redesignating subparagraphs (E) through (G) as subparagraphs (D) through (F), respectively. (2) Section 202 (e)(6) of such Act is amended by striking out “paragraph (1) (G)” and inserting in lieu thereof “paragraph (1) (F)”. (c) Section 202(g) (1) (F) of such Act is amended by striking out clause (i), and by redesignating clauses (ii) and (iii) as clauses (i) and (ii), respectively. (d) The amendments made by this section shall apply only with respect to benefits payable under title II of the Social Security Act for months after December 1972 on the basis of applications filed on or after the date of enactment of this Act. (e) Where— (1) one or more persons are entitled (without the application Post, p. 1351. 42 USC 423. of sections 202(j) (1) and 223(b) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for December 1972 on the basis of the wages and self-employment income of an insured individual, and (2) one or more persons (not included in paragraph (1)) are entitled to monthly benefits under such section 202(g) as a surviving Ante, p. 1348. divorced mother (as defined in section 216(d)(3)) for a 79 Stat. 377. 42 USC 416. month after December 1972 on the basis of such wages and self-employment income, and (3) the total of benefits to which all persons are entitled under such section 202 and 223 on the basis of such wages and self-employment 42 USC 402, 423. income for any month after December 1972 is reduced by reason of section 203(a) of such Act as amended by this Act Ante, pp. 1334, 1340; Post, p. 1370. (or would, but for the penultimate sentence of such section 203(a), be so reduced), then the amount of the benefit to which each person referred to in paragraph (1) of this subsection is entitled beginning with the first month after December 1972 for which any person referred to in paragraph (2) becomes entitled shall be adjusted, after the application of such section 203a, to an amount no less than the am omit it would have been if the person or persons referred to in paragraph (2) of this subsection were not entitled to a benefit referred to in such paragraph (2). Sec. 115. waiver of duration-of-relationship requirement for widow, widower, or stepchild in case of remarriage to the same individual (a) The heading of section 216(k) of the Social Security Act is amended by adding at the end thereof “, or in Case of Remarriage 81 Stat. 866; Post, p. 1370. 42 USC 416. to the Same Individual”. (b) Section 216(k) of such Act is amended by striking out “if his death—” and all that follows and inserting in lieu thereof “if— “(1) his death— “(A) is accidental, or “(B) occurs in line of duty while he is a member of a uniformed service serving on active duty (as defined in section 210(1)(2)), 42 USC 410. and he would satisfy such requirement if a three-month period were substituted for the nine-month period, or “(2) (A) the widow or widower of such individual had been previously married to such individual and subsequently divorced and such requirement would have been satisfied at the time of such divorce if such previous marriage had been terminated by the death of such individual at such time instead of by divorce; or “(B) the stepchild of such individual had been the stepchild of such individual during a previous marriage of such stepchild’s parent to such individual which ended in divorce and such requirement would have been satisfied at the time of such divorce if Such previous marriage had been terminated by the death of such individual at such time instead of by divorce; except that this subsection shall not apply if the Secretary determines that. at the time of the marriage involved the individual could not have reasonably been expected to live for nine months. For purposes of paragraph (I) (A) of this subsection, the death of an individual is accidental if he receives bodily injuries solely through violent, external, and accidental means and, as a direct result of the bodily injuries and independently of all other causes, loses his life not later than three months after the day on which he receives such bodily injuries.” (c) The amendments made by this section shall apply only with Effective date. respect to benefits payable under title II of the Social Security Act 53 Stat. 1362. 42 USC 401. for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted. Sec. 116. reduction from 6 to 5 months of waiting period for disability benefits (a) Section 223(c)(2) of the Social Security Act is amended— (1) by striking out “six” and inserting in lieu thereof “five”, and (2) by striking out “eighteenth” each place it appears and inserting in lieu thereof “seventeenth”. (b) Section 202(e) (6) of such Act is amended— (1) by striking out “six” and inserting in lieu thereof “five”, (2) by striking out “eighteenth” and inserting in lieu thereof “Seventeenth”, and (3) by striking out “sixth” and inserting in lieu thereof “fifth”. (c) Section 202(f) (7) of such Act is amended— (1) by striking out “six” and inserting in lieu thereof “five”, (2) by striking out “eighteenth” and inserting in lieu thereof “seventeenth”, and (3) by striking out “sixth” and inserting in lieu thereof “fifth”. (d) Section 216(i) (2) (A) of such Act is amended by striking out “6” and inserting in lieu thereof “five”. (e) The amendments made by this section shall be effective with respect to applications for disability insurance benefits under section 223 of the Social Security Act, applications for widow’s and widower’s insurance benefits based on disability under section 202 of such Act, and applications for disability determinations under section 216 (i) of such Act, filed— (1) in or after the month in which this Act is enacted, or (2) before the month in which this Act is enacted if— (A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month, or (B) the notice referred to in subparagraph (A) has been so given before, such month but a civil action with respect to such final decision is commenced under section 205(g) of the 42 USC 405. Social Security Act (whether before, in, or after such month) and the decision in such civil action has not become final before such month; except that no monthly benefits under title II of the Social Security 53 Stat. 1362. 42 USC 401. Act shall be payable or increased by reason of the amendments made by this section for any month before January 1973. Sec. 117. elimination of disability insured-status requirement of substantial recent covered work in case of individuals who are blind (a) The first sentence of section 216(i) (3) of the Social 42 USC 416. Security Act is amended by striking out all that follows subparagraph (B) and inserting in lieu thereof the following: “except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an individual who is blind (within the meaning of ‘blindness’ as defined in paragraph (1)).” (b) Section 223(c)(1) of such Act is amended by striking out “coverage.” in subparagraph (B) (ii) and inserting in lieu thereof “coverage;”, and by striking out “For purposes” and inserting in lieu thereof the following: “except that the provisions of subparagraph (B) of this paragraph shall not apply in the case of an individual who is blind (within the meaning of ‘blindness’ as defined in section 216(i) (1)). For purposes”. (c) The amendments made by this section shall be effective with Effective dates. respect to applications for disability insurance benefits under section 223 of the Social Security Act, and for disability determinations under 42 USC 423. Ante, pp. 1341, 1350; Infra. section 216(1) of such Act, filed— (1) in or after the month in which this Act is enacted, or (2) before the month in which this Act is enacted if— (A) notice of the final decision of the Secretary of Health, Education, and Welfare has not been given to the applicant before such month; or (B) the notice referred to in subparagraph (A) has been so given before such month but a civil action with respect to such final decision is commenced under section 205(g) of the Social Security Act (whether before, in, or after such 42 USC 405. month) and the decision in such civil action has not become final before such month; except that no monthly benefits under title II of the Social Security Act shall be payable or increased by reason of the amendments made 53 Stat. 1362. 42 USC 401. by this section for months before January 1373. Sec. 118. applications for disability insurance benefits filed after death of insured individual (a) (1) Section 223(a)(1) of the Social Security Act is 42 USC 423. amended by adding at the end thereof the following new sentence: “In the ease of a deceased individual, the requirement of subparagraph (C) may be satisfied by an application for benefits filed with respect to such individual within 3 months after the month in which he died.” (2) Section 223(a) (2) of such Act is amended by striking out “he Ante, p. 1340. filed his application for disability insurance, benefits and was” and inserting in lieu thereof “the application for disability insurance benefits was filed and he was”. (3) The third sentence of section 223(b) of such Act is amended by striking out “if he files such application” and inserting in lieu thereof “if such application is filed”. (4) Section 223(c)(2)(A) of such Act is amended by striking Ante, p. 1350. out “who files such application” and inserting in lieu thereof “with respect to whom such application is filed”. (b) Section 216(i)(2)(B) of such Act is amended by adding at 42 USC 416. the end thereof the following new sentence: “In the case of a deceased individual, the requirement of an application under the preceding sentence may be satisfied by an application for a disability determination filed with respect to such individual within 3 months after the month in which he died.” (c) The amendments made by this section shall apply in the case Effective dates. of deaths occurring after December 31, 1969. For purposes of such amendments (and for purposes of sections 202(j) (1) and 223(b) of the Social Security Act), any application with respect to an individual 42 USC 402, 423. whose death occurred after December 31, 1969, but before the date of the enactment of this Act which is filed in, or within 3 months after the month in which this Act is enacted shall be deemed to have been filed in the month in which such death occurred. Sec. 119. workmen’s compensation offset for disability insurance beneficiaries (a) The next to last sentence of section 224(a) of the 42 USC 424a. Social Security Act is amended— (1) by striking out “larger” and inserting in lieu thereof “largest”, (2) by striking out “or” before “(B)”, and (3) by inserting before the period at the end thereof the following: “, or (C) one-twelfth of the total of his wages and self-employment income (computed without regard to the limitations Ante, p. 417, 418. specified in sections 209(a) and 211(b)(1)) for the calendar year in which he had the highest such wages and income during the period consisting of the calendar year in which he became disabled 42 USC 423. (as defined in section 223(d)) and the five years preceding that year”. (b) The last sentence of section 224(a) of such Act is amended by striking out “clause (B)” and inserting in lieu thereof “clauses (B) and (C)”. (c) The amendments made by subsections (a) and (b) shall apply with respect to monthly benefits under title II of the Social Security 53 Stat. 1362. 42 USC 401. Act for months after December 1972. Sec. 120. wage credits for members of the uniformed services (a) Subsection 229(a) of the Social Security Act is amended— (1) by striking out “after December 1967” and inserting in lieu thereof “after December 1972”; (2) by striking out “after 1967” and inserting in lieu thereof “after 1956”) and (3) by striking out all that follows “(in addition to the wages actually paid to him for such service)” and inserting in lieu thereof “of $800.” (b) The amendments made by subsection (a) shall apply with respect to monthly benefits under title II of the Social Security Act for months after December 1972 and with respect to lump-sum death payments under such title in the case of deaths occurring after December 1972 except that, in the case of any individual who is entitled, on the basis of the wages and self-employment income of any individual 42 USC 429. to whom section 229 of such Act applies, to monthly benefits 42 USC 401. under title II of such Act for the month in which this Act is enacted, such amendments shall apply (1) only if a written request for a recalculation of such benefits (by reason of such amendments) under 42 USC 415. the provisions of section 215 (b) and (d) of such Act, as in effect at the time such request is filed, is filed by such individual, or any other individual, entitled to benefits under such title II on the basis of such wages and self-employment income, and (2) only with respect to such benefits for months beginning with whichever of the following is later: January 1973 or the twelfth month before the month in which such request was filed. Recalculations of benefits as required to carry out. the provisions of this section shall be made notwithstanding the provisions of section 215(f)(1) of the Social Security Act, and no such recalculation shall be regarded as a recomputation for purposes of section 215(f) of such Act. Sec. 121. optional determination of self-employment earnings (a) (1) Section 211(a) of the Social Security Act is Post, pp. 1357, 1366. 42 USC 411. amended by adding at the end thereof the following new paragraph: “The preceding sentence and clauses (i) through (iv) of the second preceding sentence shall also apply in the case of any trade or business (other than a trade or business specified in such second preceding sentence) which is carried on by an individual who is self-employed on a regular basis as defined in subsection (g), or by a partnership Infra. of which an individual is a member on a regular basis as defined in subsection (g), but only if such individual’s net earnings from self-employment in the taxable year as determined without regard to this sentence are less than $1,600 and less than 66% percent of the sum (in such taxable year) of such individual’s gross income derived from all trades or businesses carried on by him and his distributive share of the income or loss from all trades or businesses carried on by all the partnerships of which he is a member: except that this sentence shall not apply to more than 5 taxable years in the case of any individual, and in no case in which an individual elects to determine the amount of his net earnings from self-employment for a taxable year under the provisions of me two preceding sentences with respect to a trade or business to which the second preceding sentence applies and with respect to a trade or business to which this sentence applies shall such net earnings for such year exceed $1,600.” (2) Section 211 of such Act is amended by adding at the end thereof 64 Stat. 502; 72 Stat. 1036. the following new subsection: “(g) “Regular Basis An individual shall be deemed to be self-employed on a regular basis in a taxable year, or to be a member of a partnership on a regular basis in such year, if he had net earnings from self-employment, as defined in the first sentence of subsection (a), of not less than $400 in at least two of the three consecutive taxable years immediately preceding such taxable year from trades or businesses carried on by such individual or such partnership.” (b) (1) Section 1402(a) of the Internal Revenue Code of 1954 Post, pp. 1357, 1366. 26 USC 1402. (relating to definition of net earnings from self-employment) is amended by adding at the end thereof the following new paragraph: “The preceding sentence and clauses (i) through (iv) of the second preceding sentence shall also apply in the case of any trade or business (other than a trade or business specified in such second preceding sentence) which is carried on by an individual who is self-employed on a regular basis as defined in subsection i, or by a partnership of which an individual is a member on a regular basis’ as defined in subsection (i), but only if such individual’s net earnings from self-employment as determined without regard to this sentence in the taxable year are less than $1,600 and less than 66% percent of the sum (in such taxable year) of such individual’s gross income derived from all trades or businesses carried on by him and his distributive share of the income or loss from all trades or businesses carried on by all the, partnerships of which he is a member; except that this sentence shall not apply to more than 5 taxable years in the ease of any individual, and in no case in which an individual elects to determine the amount of his net earnings from self-employment for a taxable year under the provisions of the two preceding sentences with respect to a trade or business to which the second preceding sentence applies and with respect to a trade or business to which this sentence applies shall such net earnings for such year exceed $1,600.” (2) Section 1402 of such Code (definitions relating to Self-Employment Contributions Act of 1954) is amended by adding at the end thereof the following new subsection: “(i) “Regular Basis An individual shall be deemed to be self-employed on a regular basis in a taxable year, or to be a member of a partnership on a regular basis in such year, if he had net earnings from self-employment, as defined in the first sentence of subsection (a), of not less than $400 in at least two of the three consecutive taxable years immediately preceding such taxable year from trades or businesses carried on by such individual or such partnership.” (c) The amendments made by this section shall apply only with respect to taxable years beginning after December 31, 1972. Sec. 122. payments by employer to survivor or estate of former employee (a) Section 209 of the Social Security Act is amended by striking out “or” at the end of subsection (1), by striking out the period at the end of subsection (m) and inserting in lieu thereof “; or”, and by inserting after subsection (m) the following new subsection: “(n) Any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which such employee died.” (b) Section 3121(a) of the Internal Revenue Code of 1954 (relating to definition of wages) is amended by striking out “or” at the end of paragraph (12), by striking out the period at the end of paragraph (13) and inserting in lieu thereof “; or”, and by inserting after paragraph (13) the following new paragraph: “(14) any payment made by an employer to a survivor or the estate of a former employee after the calendar year in which such employee died.” (c) The amendments made by this section shall apply in the case of any payment made after December 1972. Sec. 123. coverage for vow-of-poverty members of religious orders (a) (1) Section 210(a) (8) (A) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: “, except that this subparagraph shall not apply to service performed by a member of such an order in the exercise of such duties, if an election of coverage under section 3121 (r) of the Internal Revenue Infra. Code of 1954 is in effect with respect to such order, or with respect to the autonomous subdivision thereof to which such member belongs”. (2) Section 3121(b) (8) (A) of the Internal Revenue Code of 1954 (relating to definition of employment) is amended by inserting before the semicolon at the end thereof the following: “, except that this subparagraph shall not apply to service performed by a member of such an order in the exercise of such duties, if an election of coverage under subsection (r) is in effect with respect to such order, or with respect to the autonomous subdivision thereof to which such member belongs”. (b) Section 3121 of such Code (definitions relating to Federal 26 USC 3101. Insurance Contributions Act) is amended by adding at the end thereof the following new subsection: “(r) Election of Coverage by Religious Orders.— “(1) Certificate of election by order.— A religious order whose members are required to take a vow of poverty, or any autonomous subdivision of such order, may file a certificate (in such form and manner, and with such official, as may be prescribed by regulations under this chapter) electing to have the insurance system established by title II of the Social Security Act extended 42 USC 401. to services performed by its members in the exercise of duties required by such order or such subdivision thereof. Such certificate of election shall provide that— “(A) such election of coverage by such order or subdivision shall be irrevocable.; “(B) such election shall apply to all current and future members of such order, or in the case of a subdivision thereof to all current and future members of such order who belong to such subdivision; “(C) all services performed by a member of such an order or subdivision in the exercise of duties required by such order or subdivision shall be deemed to have been performed by such member as an employee of such order or subdivision; and “(D) the wages of each member, upon which such order or subdivision shall pay the taxes imposed by sections 3101 and 3111, will be determined as provided in subsection (i)(4). Post, pp. 1362–1304. “(2) Definition of member.— For purposes of this subsection, a member of a religious order means any individual who is subject to a vow of poverty as a member of ‘such order and who performs tasks usually required (and to the extent usually required) of an active member of such order and who is not considered retired because of old age or total disability. “(3) Effective date for election.— (A) A certificate of election of coverage shall be in effect, for purposes of subsection (b) (8) (A) and for purposes of section 210(a) (8) (A) of the Social Security Act, for the period beginning with whichever of the Ante, p. 1354 following may be designated by the order or subdivision thereof: “(i) the first day of the calendar quarter in which the certificate is filed, “(ii) the first day of the calendar quarter succeeding such quarter, or “(iii) the first day of any calendar quarter preceding the calendar quarter in which the certificate is filed, except that such date may not be earlier than the first day of the twentieth calendar quarter preceding the quarter in which such certificate is filed. Whenever a date is designated under clause (iii), the election shall apply to services performed before the quarter in which the certificate is filed only if the member performing such services was a member at the time such services were performed and is living on the first day of the quarter in which such certificate is filed. “(B) If a certificate of election filed pursuant to this subsection is effective for one or more calendar quarters prior to the quarter in which such certificate is filed, then— “(i) for purposes of computing interest and for purposes of section 6651 (relating to addition to tax for failure to file 26 USC 6651. tax return), the due date for the return and payment of the tax for such prior calendar quarters resulting from the filing of such certificate shall be the last day of the calendar month following the calendar quarter in which the certificate is filed; and “(ii) the statutory period for the assessment of such tax shall not expire before the expiration of 3 years from such due date. “(4) Coordination with coverage of lay employees.— Notwithstanding the preceding provisions of this subsection, no certificate of election shall become effective with respect to an order or subdivision thereof, unless— “(A) if at the time the certificate of election is filed a certificate of waiver of exemption under subsection (k) is in effect with respect to such order or subdivision, such order or subdivision amends such certificate of waiver of exemption (in such form and manner as may be prescribed by regulations made under this chapter) to provide that it may not be revoked, or “(B) if at the time, the certificate of election is filed a certificate of waiver of exemption under such subsection is not in effect with respect to such order or subdivision, such order or subdivision files such certificate of waiver of exemption under the provisions of such subsection except that such certificate of waiver of exemption cannot become effective, at a later date than the certificate of election and such certificate of waiver of exemption must specify that such certificate of waiver of exemption may not be revoked. The certificate of waiver of exemption required under this subparagraph shall be filed notwithstanding the provisions of subsection (k) (3).” (c) (1) Section 209 of the Social Security Act is amended by adding at the end thereof the following new paragraph: “Wages.” “For purposes of this title, in any case where an individual is a member of a religious order (as defined in section 3121 (r) (2) of the Ante, p. 1354. Internal Revenue Code of 1954) performing service in the exercise of duties required by such order, and an election of coverage under section 3121(f) of such Code is in effect with respect to such order or with respect to the autonomous subdivision thereof to which such member belongs, the term ‘wages’ shall, subject to the previsions of subsection (a) of this section, include as such individual’s remuneration for such service the fail’ market value of any board, lodging, clothing, and other perquisites furnished to such member by such order or subdivision thereof or by any other person or organization pursuant to an agreement with such order or subdivision, except that the amount included as such individual’s remuneration under this paragraph shall not be less than $100 a month,” (2) Section 3121 (i) of the Internal Revenue Code of 1954 (relating to computation of wages in certain eases) is amended by adding at the end thereof the following new paragraph: “(4) Service performed by certain members of religious orders.— For purposes of this chapter, in any ease, where an individual is a member of a religious order (as defined in subsection (r) (2)) performing service in the exercise of duties required by such order, and an election of coverage under subsection (r) is in effect with respect to such order or with respect to the autonomous subdivision thereof to which such member belongs, the term ‘wages’ shall, subject to the provisions of subsection (a)(1), include as such individual’s remuneration for such service the fair market value of any board, lodging, clothing, and other perquisites furnished to such member by such order or subdivision thereof or by any other person or organization pursuant to an agreement with such order or subdivision, except that the amount included as such individual’s remuneration under this paragraph shall not be less than $100 a month.” Sec. 124. self-employment income of certain individuals temporarily living outside the united states (a) Section 211(a) of the Social Security Act is amended— Ante, p. 1353. (1) by striking out “and” at the end of paragraph (8); (2) by striking out the period at the end of paragraph (9) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (9) the following new paragraph: “(10) In the case of an individual who has been a resident of the United States during the entire taxable year, the exclusion from gross income provided by section 911(a) (2) of the Internal Revenue Code of 1954 shall not apply.” 26 USC 911. (b) Section 1402(a) of the Internal Revenue Code of 1954 (relating Ante, p. 1353; Post, p. 1366. to definition of net earnings from self-employment) is amended— (1) by striking out “and” at the end of paragraph (9); (2) by striking out the period at the end of paragraph (10) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (10) the following new paragraph: “(11) in the case of an individual who has been a resident of the United States during the entire taxable year, the exclusion from gross income provided by section 911(a)(2) shall not apply.” (c) The amendments made by this section shall apply with respect Effective date. to taxable years beginning after December 31, 1972. Sec. 125. coverage of federal home loan bank employees (a) The provisions of section 210(a) (6) (B) (ii) of the Social Security Act and section 3121(b) (6)(B)(ii) of the Internal 42 USC 410. 26 USC 3121. Revenue Code of 1954, insofar as they relate to service performed in the employ of a Federal home loan bank, shall be effective— (1) with respect to all service performed in the employ of a Federal home loan bank on and after the first day of the first calendar quarter which begins on or after the date of the enactment of this Act; and (2) in the case of individuals who are in the employ of a Federal home loan bank on such first day, with respect to any service performed in the employ of a. Federal home loan bank after the last day of the sixth calendar year preceding the year in which this Act is enacted; but this paragraph shall be effective only if an amount equal to the taxes imposed by sections 3101 and 3111 of such Code with respect to the services of all such individuals Post, pp. 1362–1364. performed in the employ of Federal home loan banks after the last day of the sixth calendar year preceding the year in which this Act is enacted are paid under the provisions of section 3122 of such Code by July 1, 1973, or by such later date as may be provided Ante, p. 419. in an agreement entered into before such date with the Secretary of the Treasury or his delegate for purposes of this paragraph. (b) Subparagraphs (A)(i) and (B) of section 104(i) (2) of the Repeal. Social Security Amendments of 1956 are repealed. 42 USC 410 note. Sec. 126. policemen and firemen in idaho Section 218 (p) (1) of the Social Security Act is amended by inserting “Idaho,” after “Hawaii,”. Sec. 127. coverage of certain hospital employees in new mexico Notwithstanding any provisions of section 218 of the Social Security Act, the Agreement with the State of New Mexico heretofore entered into pursuant to such section may at the option of such State be modified at any time prior to the first day of the fourth month after the month in which this Act is enacted, so as to apply to the services of employees of a hospital which is an integral part of a political subdivision to which an agreement under this section has not been made applicable, as a separate coverage group within the meaning of section 218(b) (5) of such Act, but only if such hospital has prior to 1966 withdrawn from a retirement system which had been applicable to the employees of such hospital. Sec. 128. coverage of certain employees of the government of guam (a) Section 210(a)(7) of the Social Security Act is amended by striking out “or” at the end of subparagraph (C), by striking out the semicolon at the end of subparagraph (I)) and inserting in lieu thereof “, or”, and by adding at the end thereof the following new subparagraph: “(E) service performed in the employ of the Government of Guam (or any instrumentality which is wholly owned by such Government) by an employee properly classified as a temporary or intermittent employee, if such service is not covered by a retirement system established by a law of Guam; except that (i) the provisions of this subparagraph shall not be applicable to services performed by an elected official or a member of the legislature or in a hospital or penal institution by a patient or inmate thereof, and (ii) for purposes of this subparagraph, clauses (i) and (ii) of subparagraph (C) shall apply;”. (b) Section 3121(b)(7) of the Internal Revenue Code of 1954 is amended by striking out “or” at the end of subparagraph (B), by striking out the semicolon at the end of subparagraph (C) and inserting in lieu thereof “, or”, and by adding at the end thereof the following new subparagraph: “(D) service performed in the employ of the Government of Guam (or any instrumentality which is wholly owned by such Government) by an employee properly classified as a temporary or intermittent employee, if such service is not covered by a retirement system established by a law of Guam; except that (i) the provisions of this subparagraph shall not be applicable to services performed by an elected official or a member of the legislature or in a hospital or penal institution by a patient or inmate thereof, and (ii) for purposes of this subparagraph, clauses (i) and (ii) of subparagraph (B) shall apply;”. (c) The amendments made by this section shall apply with respect to service performed on and after the first day of the first calendar quarter which begins on or after the date of the enactment of this Act. Sec. 129. coverage exclusion of students employed by nonprofit organizations auxiliary to schools, colleges, and universities (a) (1) Section 210(a) (10) (B) of the Social Security Act 42 USC 410. is amended to read as follows: “(B) Service performed in the employ of— “(i) a school, college., or university, or “(ii) an organization described in section 509(a)(3) of the Internal Revenue Code of 1954 if the organization is 26 USC 509. organized, and at all times thereafter is operated, exclusively for the benefit of, to perform the functions of, or to carry out the purposes of a school, college, or university and is operated, supervised, or controlled by or in connection with such school, college, or university, unless it is a school, college, or university of a State or a political subdivision thereof and the services in its employ performed by a student referred to in section 218(c)(5) are covered under the agreement 42 USC 418. between the Secretary of Health, Education, and Welfare and such State entered into pursuant to section 218; if such service is performed by a student who is enrolled and regularly attending classes at such school, college, or university;”. (2) Section 3121(b) (10) (B) of the Internal Revenue Code of 1954 is amended to read as follows: 68A Stat. 417; 68 Stat. 1091. 26 USC 3121. “(B) service performed in the employ of— “(i) a school, college, or university, or “(ii) an organization described in section 509(a) (3) if the organization is organized, and at all times thereafter is operated, exclusively for the benefit of, to perform the functions of, or to carry out the purposes of a school, college, or university and is operated, supervised, or controlled by or in connection with such school, college, or university, unless it is a school, college, or university of a State or a political subdivision thereof and the services performed in its employ by a student referred to in section 218(c)(5) of the Social Security Act are covered under the agreement between the Secretary of Health, Education, and Welfare and such State entered into pursuant to section 218 of such Act; if such service is performed by a student who is enrolled and regularly attending classes at such school, college, or university;”. (b) The amendments made by subsection (a) shall apply to services Effective date. performed after December 31, 1972. Sec. 130. penalty for furnishing false information to obtain social security account number for deceptive practices involving social security account numbers (a) Section 208 of the Social Security Act is amended by 72 Stat. 1034. 42 USC 408. adding “or” after the semicolon at the end of subsection (e), and by inserting after subsection (e) the following new subsections: “(f) willfully, knowingly, and with intent to deceive the Secretary as to his true identity (or the true identity of any other person) furnishes or causes to be furnished false information to the Secretary with respect to any information required by the Secretary in connection with the establishment and maintenance of the records provided for in section 205(c) (2); or Post, p. 1364. “(g) for the purpose of causing an increase in any payment authorized under this title (or any other program financed in whole or in part from Federal funds), or for the purpose of causing a payment under this title (or any such other program) to be made when no payment is authorized thereunder, or for the purpose of obtaining (for himself or any other person) any payment or any other benefit to which he (or such other person) is not entitled— “(1) willfully, knowingly, and with intent to deceive, uses a social security account number, assigned by the Secretary (in the Post, 1364. exercise of his authority under section 205(c) (2) to establish and maintain records) on the basis of false information furnished to the Secretary by him or by any other person; or “(2) with intent to deceive, falsely represents a number to be the social security account number assigned by the Secretary to him or to another person, when in fact such number is not the social security account number assigned by the Secretary to him or to such other person;”. (b) The amendments made by subsection (a) shall apply with respect to information furnished to the Secretary after the date of the enactment of this Act. Sec. 131. increase of amounts in trust funds available to fay costs of rehabilitation services The first sentence of section 222(d)(1) of the Social 79 Stat. 408; Ante, p. 1343. Security Act (as amended by section 107(b) (4) of this Act) is further amended by striking out “except that the total amount so made available pursuant to this subsection in any fiscal year may not exceed 1 percent of the total of the benefits under section 202(d) for children who have attained age 18 and are under a disability” and inserting in lieu thereof the following: “except that the total amount so made available pursuant to this subsection may not exceed— “(i) 1 percent in the fiscal year ending June 30, 1972, “(ii) 1.25 percent in the fiscal year ending June 30, 1973. “(iii) 1.5 percent in the fiscal year ending June 30, 1974, and thereafter, Ante, pp. 1343–1347. of the total of the benefits under section 202(d) for children who have attained age 18 and are under a disability”. Sec. 132. acceptance of money gifts made unconditionally to social security (a) The second sentence of section 201(a) of the Social 42 USC 401. Security Act is amended by inserting after “in addition,” the following: “such gifts and bequests as may be made as provided in subsection Infra. (i)(1), and”. (b) The second sentence of section 201(b) of such Act is amended by inserting after “consist of” the following: “such gifts and bequests as may be made as provided in subsection (i) (1), and”. (c) Section 201 of such Act is further amended by adding after subsection (h) the following new subsection: “(i) (1) The Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund is authorized to accept on behalf of the United States money gifts and bequests made unconditionally to any one or more of such Trust Funds or to the Department of Health, Education, and Welfare, or any part or officer thereof, for the benefit of any of such Funds or any activity financed through such Funds. “(2) Any such gift, accepted pursuant to the authority granted in paragraph (1) of this subsection shall be deposited in— “(A) the specific trust fund designated by the donor or “(B) if the donor has not so designated, the Federal Old-Age and Survivors Insurance Trust Fund.” (d) The second sentence of section 1817(a) of such Act is amended 79 Stat. 299. 42 USC 1395i. by inserting after “consist of” and before “such amounts” the following: “such gifts and bequests as may be made as provided in section 201 (i) (1), and”. Ante, p. 1360. (e) The second sentence of section 1841(a) of such Act is amended 42 USC 1395t. by inserting after “consist of” and before “such amounts” the following: “such gifts and bequests as may be made as provided in section 201(i)(1), and”. (f) The amendments made by this section shall apply with respect Effective date. to sifts and bequests received after the date of enactment, of this Act. (g) For the purpose of Federal income, estate, and gift taxes, any gift or bequest to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, or the Federal Supplementary Medical insurance Trust Fund, or to the Department of Health, Education, and Welfare, or any part, or officer thereof, for the benefit of any of such Funds or any activity financed through any of such Funds, which is accepted by the Managing Trustee of such Trust Funds under the authority of section 201 (i) of the Social Security Act, shall be considered as a gift or bequest to or for the use of the United States and as made for exclusively public purposes. Sec. 133. payment in certain cases of disability insurance benefits with respect to certain periods of disability (a) If an individual would (upon the timely filing of an application for a disability determination under section 216(i) of the Social Security Act and of an application for disability insurance Ante, pp. 1341, 1350, 1351. benefits under section 223 of such Act) have been entitled to disability insurance benefits under such section 223 for a period which began after 1959 and ended prior to 1964, such individual shall, upon filing application for disability insurance benefits under such section 223 with respect to such period not later than 6 months after the date of enactment of this section, be entitled, notwithstanding any other provision of title II of the Social Security Act, to receive in a lump sum, as disability 42 USC 401. insurance benefits payable under section 223, an amount equal to the total amounts of disability insurance benefits which would have been payable to him for such period if he had timely filed such an application for a disability determination and such an application for disability insurance benefits with respect to such period; but only if— (1) prior to the date of enactment of this section and after the date of enactment of the Social Security Amendments of 1967, 42 USC 302 note. such period was determined (under section 216 (i) of the Social Ante, pp. 1341, 1350, 1351. Security Act) to be a period of disability as to such individual; and (2) the application giving rise to the determination (under such section 216 (i)) that such period is a period of disability as to such individual would not have been accepted as an application for such a determination except for the provisions of section 216(i) (b) No payment shall be made to any individual by reason of the provisions of subsection (a) except upon the basis of an application filed after the date of enactment of this section. Sec. 134. recomputation of benefits based on combined railroad and social security earnings (a) Section 215(f) of the Social Security Act is amended— (1) by striking out subparagraph (B) of paragraph (2) and inserting in lieu thereof the following: “(B) in the case of an individual who died in such year, for monthly benefits beginning with benefits for the month in which he died.”; and (2) by adding at the end the following new paragraph: “(6) Upon the death after 1967 of an individual entitled to benefits Ante, p. 1340. Ante, pp. 1350, 1351. under section 202(a) or section 223, if any person is entitled to monthly benefits or a lump-sum death payment, on the wages and self-employment income of such individual, the Secretary shall recompute the decedent’s primary insurance amount, but only if the decedent during his lifetime was paid compensation which was treated under 42 USC 405. 81 Stat. 864; Post, p. 1369. 42 USC 415. section 205(o) as remuneration for employment.” (b) Section 215(d)(2) of such Act is amended by inserting “or (6)” before the period at the end thereof. Sec. 135. changes in tax schedules (a) (1) Section 1401(a) of the Internal Revenue Code of 79 Stat. 394; 81 Stat. 835. 26 USC 1401. 1954 (relating to rate of tax on self-employment income for purposes of old-age, survivors, and disability insurance) is amended— (A) by striking out “1978” in paragraph (3) and inserting in lieu thereof “1973”; and (B) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(4) in the case of any taxable year beginning after December 31, 1972, the tax shall be equal to 7.0 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(a) of such Code (relating to rate of tax on employees for purposes of old-age, survivors, and disability insurance) is amended (A) by striking out “any of the calendar years 1971 through 1977” and inserting in lieu thereof “the calendar years 1971 and 1972” and (B) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(4) with respect to wages received during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 4.85 percent; “(5) with respect to wages received during the calendar years 1978 through 2010, the rate shall be 4.80 percent; and “(6) with respect to wages received after December 31, 2010, the rate shall be 5.85 percent.” (3) Section 3111(a) of such Code (relating to rate of tax on employers Ante, p. 421. for purposes of old-age, survivors, and disability insurance) is amended (A) by striking out “any of the calendar years 1971 through 1977” and inserting in lieu thereof “the calendar years 1971 and 1972” and (B) by striking out paragraphs (4) and (5) and inserting in lieu thereof the following: “(4) with respect to wages paid during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 4.85 percent; “(5) with respect to wages paid during the calendar years 1978 through 2010, the rate shall be 4.80 percent; and “(6) with respect to wages paid after December 31, 2010, the rate shall be 5.85 percent.” (b) (1) Section 1401(b) of such Code (relating to rate of tax on Ante, p. 421. self-employment income for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: “(2) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1978, the tax shall be equal to 1.0 percent of the amount of the self-employment income for such taxable year; “(3) in the case of any taxable year beginning after December 31, 1977, and before January 1, 1981, the tax shall be equal to 1.25 percent of the amount of the self-employment income for such taxable year; “(4) in the ease of any taxable year beginning after December 31, 1980, and before January 1, 1986, the tax shall be equal to 1.35 percent of the amount of the self-employment income for such taxable year; “(5) in the case of any taxable year beginning after December 31, 1985, the tax shall be equal to 1.45 percent of the amount of the self-employment income for such taxable year.” (2) Section 3101(b) of such Code (relating to rate of tax on Ante, p. 421. employees for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: “(2) with respect to wages received during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 1.0 percent; “(3) with respect to wages received during the calendar years 1978, 1979, and 1980, the rate shall be 1.25 percent; “(4) with respect to wages received during the calendar years 1981, 1982, 1983, 1984, and 1985, the rate shall be 1.35 percent; and “(5) with respect to wages received after December 31, 1985, the rate shall be 1.45 percent.” (3) Section 3111(b) of such Code (relating to rate of tax on employers for purposes of hospital insurance) is amended by striking out paragraphs (2) through (5) and inserting in lieu thereof the following: “(2) with respect to wages paid during the calendar years 1973, 1974, 1975, 1976, and 1977, the rate shall be 1.0 percent; “(3) with respect to wages paid during the calendar years 1978, 1979, and 1980, the rate shall be 1.25 percent; “(4) with respect to wages paid during the calendar years 1981, 1982, 1983, 1984, and 1985, the rate shall be 1.35 percent; and “(5) with respect to wages paid after December 31, 1985, the rate shall be 1.45 percent.” (c) The amendments made by subsections (a)(1) and (b) (1) shall apply only with respect to taxable years beginning after December 31, 1972. The remaining amendments made by this section shall apply only with respect to remuneration paid after December 31, 1972. Sec. 136. allocation to disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is amended— (1) by striking out “(E) 1.0” and inserting in lieu thereof (2) by striking out “(F) 1.1” and inserting in lieu thereof “(F) 1.15”, and (3) by striking out “(G) 1.4” and inserting in lieu thereof “(G) 1.5”. (b) Section 201(b) (2) of such Act is amended— (1) by striking out “(E) 0.75” and inserting in lieu thereof “(E) 0.795”, (2) by striking out “(F) 0.825” and inserting in lieu thereof “(F) 0.84”, and (3) by striking out “(G) 0.915” and inserting in lieu thereof “(G) 0.895”. Sec. 137. method of issuance of social security account numbers Section 205(c) (2) of the Social Security Act is amended— (1) by inserting “(A)” immediately after “(2)”; and (2) by adding at the end thereof the following new subparagraph: “(B) (i) In carrying out his duties under subparagraph (A), the Secretary shall take affirmative measures to assure that social security account numbers will, to the maximum extent practicable, be assigned to all members of appropriate groups or categories of individuals by assigning such numbers (or ascertaining that such numbers have already been assigned): “(I) to aliens at the time of their lawful admission to the United States either for permanent residence or under other authority of law permitting them to engage in employment in the United States and to other aliens at such time as their status is so changed as to make it lawful for them to engage in such employment; “(II) to any individual who is an applicant for or recipient of benefits under any program financed in whole or in part from Federal funds including any child on whose behalf such benefits are claimed by another person; and “(III) to any other individual when it appears that he could have been but was not assigned an account number under the provisions of subclauses (I) or (II) but only after such investigation as is necessary to establish to the satisfaction of the Secretary, the identity of such individual, the fact that an account number has not already been assigned to such individual, and the fact that such individual is a citizen or a noncitizen who is not, because of his alien status, prohibited from engaging in employment; and, in carrying out such duties, the Secretary is authorized to take affirmative measures to assure the issuance of social security numbers: “(IV) to or on behalf of children who are below school age at the request of their parents or guardians; and “(V) to children of school age at the time of their first enrollment in school. “(ii) The Secretary shall require of applicants for social security account numbers such evidence as may be necessary to establish the age, citizenship, or alien status, and true identity of such applicants, and to determine which (if any) social security account number has previously been assigned to such individual. “(iii) In carrying out the requirements of this subparagraph, the Secretary shall enter into such agreements as may be necessary with the Attorney General and other officials and with State and local welfare agencies and school authorities (including non-public school authorities).” Sec. 138. payments by employer to disabled former employee (a) Section 209 of the Social Security Act (as amended by section 122(a) of this Act) is further amended by striking out “or” Ante, p. 1354. at the end of subsection (m), by striking out the period at the end of subsection (n) and inserting in lieu thereof “; or”, and by inserting after subsection (n) the following new subsection: “(o) Any payment made by an employer to an employee, if at the time such payment is made such employee is entitled to disability insurance benefits under section 223(a) and such entitlement commenced Ante, p. 1351. prior to the calendar year in which such payment is made, and if such employee did not perform any services for such employer during the period for which such payment is made.” (b) Section 3121(a) of the Internal Revenue Code of 1954 (relating to definition of wages, and as amended by section 122(b) of this Act) Ante, p. 1354. is further amended by striking out “or” at the end of paragraph (13), by striking out the period at the end of paragraph (14) and inserting in lieu thereof “; or”, and by inserting after paragraph (14) the following new paragraph: “(15) any payment made by an employer to an employee, if at the time such payment is made such employee is entitled to disability insurance benefits under section 223(a) of the Social Security Act and such entitlement commenced prior to the cal-endar year in which such payment is made, and if such employee did not perform any services for such employer during the period for which such payment is made.” (c) The amendments made by this section shall apply in the case of any payment made after December 1972. Sec. 139. termination of coverage of registrars of voters in louisiana (a) Notwithstanding the provisions of section 218(g) (1) 64 Stat. 514. 42 USC 418. of the Social Security Act, the Secretary may, under such conditions as he deems appropriate, permit the State of Louisiana to modify its agreement entered into under section 218 of such Act so as to terminate the coverage of all employees who are in positions under the Registrars of Voters Employees’ Retirement System, effective after December 1975, but only if such State files with him notice of termination on or before December 31, 1973. (b) If the coverage of such employees in positions under such retirement system is terminated pursuant to subsection (a), coverage cannot later be extended to employees in positions under such retirement system. Sec. 140. computation of income of american ministers and members of religious orders performing services outside the united states (a) Section 211(a)(7) of the Social Security Act is amended— (1) by striking out “and section 119” and inserting in lieu thereof “, section 119”; (2) by striking out “of the Internal Revenue Code of 1974 and, in addition, if he is a citizen of the United States performing such service as an employee of an American employer (as defined 42 USC 410. in section 210(e)) or as a minister in a foreign country who has a congregation which is composed predominantly of citizens of the United States, without regard to” and inserting in lieu thereof a comma; and (3) by striking out “such Code” and inserting in lieu thereof “the Internal Revenue Code of 1054”. (b) Section 1402 (a) (8) of the Internal Revenue Code is amended— (1) by striking out “and section 119” and inserting in lieu thereof “,section 119”; and (2) by striking out “and, in addition, if he is a citizen of the United States performing such service as an employee of an American employer (as defined in section 3121(h)) or as a minister in a foreign country who has a congregation which is composed predominantly of citizens of the United States, without regard to” and inserting in lieu thereof a comma. (c) The. amendments made by this section shall apply with respect to taxable years beginning after December 31, 1972. Sec. 141. modification of state agreements with respect to certain students and certain part-time employees (a) Notwithstanding any provision of section 218 of the 42 USC 418. Social Security Act, the agreement with any State (or any modifications thereof) entered into pursuant to such section may, at the option of such State, be modified at any time prior to January 1, 1974, so as to exclude either or both of the following: (1) service in any class or classes of part-time positions; or (2) service performed in the employ of a school, college, or university if such service is performed by a student who is enrolled and is regularly attending classes at such school, college, or university. (b) Any modification of such agreement pursuant to this section Effective date. shall be effective with respect to services performed after the end of the calendar quarter following the calendar quarter in which such agreement is modified. (c) If any such modification terminates coverage with respect to service in any class or classes of part-time positions in any coverage group, the Secretary of Health, Education, and Welfare and the State may not thereafter modify such agreement so as to again make the agreement applicable to service in such positions in such coverage group; if such modification terminates coverage with respect to service performed in the employ of a school, college, or university, by a student who is enrolled and regularly attending classes at such school, college, or university, the Secretary of Health, Education, and Welfare and the State may not thereafter modify such agreement so as to again make the agreement applicable to such service performed in the employ of such school, college, or university. Sec. 142. benefits in case of certain individuals interned during world war ii (a) Title II of the Social Security Act (as amended by this Act) is amended by adding at the end thereof a new section as 42 USC 401. follows: “Sec. 231. “benefits in case of certain individuals interned during world war ii (a) For the purposes of this section the term ‘internee’ “Internee.” means an individual who was interned during any period of time from December 7, 1941, through December 31, 1946, at a place within the United States operated by the Government of the United States for the internment of United States citizens of Japanese ancestry. “(b) (1) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1972, or entitlement to and the amount of any lump-sum death payment in the case of a death after such month, payable under this title on the basis of the wages and self-employment income of any individual, and for purposes of section 216(f) (3), such individual shall be deemed to have Ante, p. 1350. been paid during any period after he attained age 18 and for which he was an internee, wages (in addition to any wages actually paid to him) at a weekly rate of basic pay during such period as follows— “(A) in the case such individual was not employed prior to the beginning of such period, 40 multiplied by the minimum hourly rate or rates in effect at any such time under section 206(a) (1) of title 29, United States Code, for each full week during such 80 Stat. 838. period; and “(B) in the case such individual who was employed prior to the beginning of such period, 40 multiplied by the greater of (i) the highest hourly rate received during any such employment, or (ii) the minimum hourly rate or rates in effect at any such time under section 206(a) (1) of title 29, United States Code, for each full week during such period. “(2) This subsection shall not be applicable in the case of any monthly benefit or lump-sum death payment if— “(A) a larger such benefit or payment, as the ease may be, would be payable without its application; or “(B) a benefit (other than a benefit payable in a lump-sum unless it is a commutation of, or a substitute for, periodic payments) which is based, in whole or in part, upon internment during any period from December 7, 1941, through December 31, 1946, at a place within the United States operated by the Government of the United States for the internment of United States citizens of Japanese ancestry, is determined by any agency or wholly owned instrumentality of the United States to be payable by it under any other law of the United States or under a system established by such agency or instrumentality. Nonapplicability. The provisions of clause (B) shall not apply in the case of any monthly benefit or lump-sum death payment under this title if its application would reduce by $0.50 or less the primary insurance amount (as computed under section 215 prior to any recomputation Ante, pp. 1333, 1334, 1362. thereof pursuant to subsection (f) of such section) of the individual on whose wages and self-employment income such benefit or payment is based. The provisions of clause (B) shall also not apply for purposes Ante, p. 1350. of section 216(i) (3). “(3) Upon application for benefits, a recalculation of benefits (by reason of this section), or a lump-sum death payment on the basis of the wages and self-employment income of any individual who was an internee, the Secretary of Health, Education, and Welfare shall accept the certification of the Secretary of Defense or his designee concerning any period of time for which an internee is to receive credit under paragraph (1) and shall make a decision without regard to clause (B) of paragraph (2) of this subsection unless he has been notified by some other agency or instrumentality of the United States that, on the basis of the period for which such individual was an internee, a benefit described in clause (B) of paragraph (2) has been determined by such agency or instrumentality to be payable by it. If the Secretary of Health, Education, and Welfare has not been so notified, he shall then ascertain whether some other agency or wholly owned instrumentality of the United States has decided that a benefit described in clause (B) of paragraph (2) is payable by it. If any such agency or instrumentality has decided, or thereafter decides, that such a benefit is payable by it, it shall so notify the Secretary of Health, Education, and Welfare, and the Secretary shall certify no further benefits for payment or shall recompute the amount of any further benefits payable, as may be required by this section. “(4) Any agency or wholly owned instrumentality of the United States which is authorized by any law of the United States to pay benefits, or has a system of benefits which are based, in whole or in part, on any period for which any individual was an internee shall, at the request of the Secretary of Health. Education, and Welfare, certify to him, with respect to any individual who was an internee, such information as the Secretary deems necessary to carry out his functions under paragraph (3) of this subsection. “(c) There are authorized to be appropriated to the Trust Funds and the Federal Hospital Insurance Trust Fund for the fiscal year ending June 30, 1978, such sums as the Secretary determines would place the Trust Funds and the Federal Hospital Insurance Trust Fund in the position in which they would have been if the preceding provisions of this section had not been enacted.” (b) Section 215(d) (1) (C) of such Act is amended by striking out “and” at the end of clause (ii), by striking out the period at the end of clause (iii), and inserting in lieu thereof “, and”, and by inserting after clause (iii) the following new clause: “(iv) wages deemed paid prior to 1951 to such individual under section 231.”. (c) Section 215(d) (2) of such Act (as amended by section 134 of this Act) is further amended by striking out the period at the end Ante, p. 1362. 42 USC 415. thereof and inserting in lieu thereof “or section 231.”. Sec. 143. modification of agreement with west virginia to provide coverage for certain policemen and firemen (a) Notwithstanding the provisions of subsection (d)(5) (A) of section 218 of the Social Security Act and the references thereto 42 USC 418. in subsections (d) (1) and (d) (3) of such section 218, the agreement with the State of West Virginia heretofore entered into pursuant to such section 218 may, at any time prior to 1974, be modified pursuant to subsection (c) (4) of such section 218 so as to apply to services performed in policemen’s or firemen’s positions covered by a retirement system on the date of the enactment of this Act by individuals as employees of any class III or class IV municipal corporation (as defined in or under the laws of the State) if the State of West Virginia has at any time prior to the date of the enactment of this Act paid to the Secretary of the Treasury, with respect to any of the services performed in such positions by individuals as employees of such municipal corporation, the sums prescribed pursuant to subsection (e)(1) of such section 218. For purposes of this subsection, a retirement system which covers positions of policemen or firemen, or both, and other positions, shall, if the State of West Virginia so desires, be deemed to be a separate retirement system with respect to the positions of such policemen or firemen, or both, as the case may be. (b) Notwithstanding the provisions of subsection (f) of section 218 of the Social Security Act, any modification in the agreement with the State of West. Virginia under subsection (a) of this section, to the extent it involves services performed by individuals as employees of any class III or class IV municipal corporation, may be made effective with respect to— (1) all services performed by such individual, in any policeman’s or fireman’s position to which the modification relates, on or after the date of the enactment of this Act; and (2) all services performed by such individual in such a position before such date of enactment with respect to which the State of West Virginia has paid to the Secretary of the Treasury the sums prescribed pursuant to subsection (e)(1) of such section 218 at the time or times established pursuant to such subsection (e)(1), if and to the extent that— (A) no refund of the sums so paid has been obtained, or (B) a refund of part or all of the sums so paid has been obtained but the State of West Virginia repays to the Secretary of the Treasury the amount of such refund within ninety days after the date that the modification is agreed to by the State and the Secretary of Health, Education, and Welfare. Sec. 144. perfecting amendments related to the 20-percent increase provision enacted in public law 92–336 (a) (1) The table in section 215(a) of the Social Security Act (as inserted by section 201 (a) of Public Law 92–336) is amended— Ante, p. 406. (A) in column II of such table, by striking out “251.40” and inserting in lieu thereof “254.40”, and (B) in column III of such table, by striking out “699” and inserting in lieu thereof “696”. (2) Section 203(a)(2)(B) of such Act (as amended by section Ante, p. 410. 201(b) of Public Law 92–336) is amended by striking out “for each person” and inserting in lieu thereof “for each such person”. (3) Section 203(a)(2)(C) of such Act (as amended by section Ante, p. 415. 202(a)(2)(B) of Public Law 92–336) is amended by striking out “month including” and inserting in lieu thereof “month (including”. (4) Section 230(b) (2) of such Act (as added by section 202(b) (1) Ante, p. 417. of Public Law 92–336) is amended by striking out “or” at the end of clause (A) and inserting in lieu thereof “of”. (b) The amendments made by each of the paragraphs in subsection (a) shall be effective in like manner as if such amendment had been Ante, p. 406. included in title II of Public Law 92–336 in the particular provision of such title referred to in such paragraph. (c) Section 203(b) (6) of Public Law 92–336 is amended, effective. July 1, 1972, by striking out “Section 6413(a) (2) (A)” and inserting 26 USC 6413. in lieu thereof “Section 6413 (c) (2) (A)”. Sec. 145. elimination of duration-of-relationship requirement in certain cases involving survivor benefits (where insured’s death was accidental or occurred in line of duty while he was a serviceman) (a) The first sentence of section 216(k) of the Social Ante, p. 1349 Security Act (as amended by section 115 of this Act) is further amended— (1) by striking out “and he would satisfy such requirement if a three-month period were substituted for the nine-month period” and inserting in lieu thereof “unless the Secretary determines that at the time of the marriage involved the individual could not have reasonably been expected to live for nine months”; and (2) by striking out “except that this subsection shall not apply” and inserting in lieu thereof “except that paragraph (2) of this subsection shall not apply”. (b) The amendments made by this section shall apply only with 42 USC 401. respect to benefits payable under title II of the Social Security Act for months after December 1972 on the basis of applications filed in or after the month in which this Act is enacted.Social Security Disability Amendments of 1980
Pub. L. 96–265 § 303(a)(1) · 94 Stat. 441
Inserted · 42 U.S.C. § 422(c)(1)
Pub. L. 96–265, § 303(a)(1), inserted references to sections 402(e) and 402(f) of this title
Source evidence
Code amendment note
Subsec. (c)(1). Pub. L. 96–265, § 303(a)(1), inserted references to sections 402(e) and 402(f) of this title.Enacted provision · exact public law section
(1) Section 222(c)(1) of the Social Security Act is 42 USC 422. 42 USC 423, 402. amended by striking out “section 223 or 202(d)” and inserting in lieu thereof “section 223,202(d), 202(e), or 202(f)”.Social Security Disability Amendments of 1980
Pub. L. 96–265 § 303(a)(2) · 94 Stat. 441
Inserted · 42 U.S.C. § 422(c)(3)
Pub. L. 96–265, § 303(a)(2), inserted reference to individuals entitled to widow’s or widower’s insurance benefits under section 402(e) or (f) of this title who became entitled to such benefits prior to attaining age 60
Source evidence
Code amendment note
Subsec. (c)(3). Pub. L. 96–265, § 303(a)(2), inserted reference to individuals entitled to widow’s or widower’s insurance benefits under section 402(e) or (f) of this title who became entitled to such benefits prior to attaining age 60.Enacted provision · exact public law section
(2) Section 222(c)(3) of such Act is amended by striking out the period at the end of the first sentence and inserting in lieu thereof “, or, in the case of an individual entitled to widow’s or widower’s insurance benefits under section 202 (e) or (f) who became entitled to such benefits prior to attaining age 60, with the month in which such individual becomes so entitled.”.Pub. L. 97–35 title XXII § 2209(a) · 95 Stat. 357
Substituted · 42 U.S.C. § 422(d)
Pub. L. 97–35 substituted provisions authorizing the transfer of funds as may be necessary to enable the Secretary to reimburse the State for the reasonable and necessary costs of vocational rehabilitation, under a State plan approved under title I of the Rehabilitation Act of 1973, which results in performance of substantial gainful activity for a continuous period of nine months, with the determination that the vocational rehabilitation services contributed to the successful return to substantial gainful activity and the amount of costs to be reimbursed made by the Commissioner of Social Security for provisions authorizing the transfer of funds as may be necessary to enable the Secretary to pay the cost of vocational rehabilitation services, restricting the amount of such cost that may be expended in any one fiscal year, establishing specific criteria which a State plan must meet, and providing that the selection of individuals to receive services be made in conformance with criteria formulated by the Secretary
Source evidence
Code amendment note
Subsec. (d). Pub. L. 97–35 substituted provisions authorizing the transfer of funds as may be necessary to enable the Secretary to reimburse the State for the reasonable and necessary costs of vocational rehabilitation, under a State plan approved under title I of the Rehabilitation Act of 1973, which results in performance of substantial gainful activity for a continuous period of nine months, with the determination that the vocational rehabilitation services contributed to the successful return to substantial gainful activity and the amount of costs to be reimbursed made by the Commissioner of Social Security for provisions authorizing the transfer of funds as may be necessary to enable the Secretary to pay the cost of vocational rehabilitation services, restricting the amount of such cost that may be expended in any one fiscal year, establishing specific criteria which a State plan must meet, and providing that the selection of individuals to receive services be made in conformance with criteria formulated by the Secretary.Enacted provision · exact public law section
(a) Section 222(d) of the Social Security Act is amended to read as follows: “(d) (1) For purposes of making vocational rehabilitation services more readily available to disabled individuals who are— “(A) entitled to disability insurance benefits under section 223, “(B) entitled to child’s insurance benefits under section 202(d) after having attained age 18 (and are under a disability), “(C) entitled to widow’s insurance benefits under section 202(e) prior to attaining age 60, or “(D) entitled to widower’s insurance benefits under section 202(f) prior to attaining age 60, to the end that savings will accrue to the Trust Funds as a result of rehabilitating such individuals into substantial gainful activity, there are authorized to be transferred from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund each fiscal year such sums as may be necessary to enable the Secretary to reimburse the State for the reasonable and necessary costs of vocational rehabilitation services furnished such individuals (including services during their waiting periods), under a State plan for vocational rehabilitation services approved under title I of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), which result in their performance of substantial gainful activity which lasts for a continuous period of nine months. The determination that the vocational rehabilitation services contributed to the successful return of such individuals to substantial gainful activity and the determination of the amount of costs to be reimbursed under this subsection shall be made by the Commissioner of Social Security in accordance with criteria formulated by him. “(2) In the case of any State which is unwilling to participate or does not have a plan which meets the requirements of paragraph (1), the Commissioner of Social Security may provide such services in such State by agreement or contract with other public or private agencies, organizations, institutions, or individuals. The provision of such services shall be subject to the same conditions as otherwise apply under paragraph (1). “(3) Payments under this subsection shall be made in advance or by way of reimbursement, with necessary adjustments for overpayments and underpayments. “(4) Money paid from the Trust Funds under this subsection for the reimbursement of the costs of providing services to individuals who are entitled to benefits under section 223 (including services during 42 USC 423. their waiting periods), or who are entitled to benefits under section 202(d) on the basis of the wages and self-employment income of such 42 USC 402. individuals, shall be charged to the Federal Disability Insurance Trust Fund, and all other money paid from the Trust Funds under this subsection shall be charged to the Federal Old-Age and Survivors Insurance Trust Fund. The Secretary shall determine according to such methods and procedures as he may deem appropriate— “(A) the total amount to be reimbursed for the cost of services under this subsection, and “(B) subject to the provisions of the preceding sentence, the amount which should be charged to each of the Trust Funds. “(5) For purposes of this subsection the term ‘vocational rehabilitation “Vocational rehabilitation services.” services’ shall have the meaning assigned to it in title I of the Rehabilitation Act of 1973 (29 U.S.C. 701 et seq.), except that such services may be limited in type, scope, or amount in accordance with regulations of the Secretary designed to achieve the purpose of this subsection.”.Pub. L. 98–21 § 309 · 97 Stat. 65
Substituted · 42 U.S.C. § 422(b)(1)
Pub. L. 98–21, § 309(l), substituted “, surviving divorced wife, or surviving divorced husband” for “or surviving divorced wife”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 98–21, § 309(l), substituted “, surviving divorced wife, or surviving divorced husband” for “or surviving divorced wife”.Enacted provision · exact public law section
Sec. 309. (a) Section 202(b)(3)(A) of the Social Security Act (as 42 USC 402. amended by section 301(a)(6) of this Act) is further amended by inserting “(g),” after “(f),”. (b) Section 202(q)(3) of such Act is amended by inserting “or surviving divorced husband” after “widower” in subparagraphs (E), (F), and (G). (c) Section 202(q)(5) of such Act is amended— (1) by inserting “or husband’s” after “wife’s” wherever it appears; (2) by striking out “her” in subparagraph (A)(i) and inserting in lieu thereof “him or her”; (3) by striking out “her” the second place it appears in subparagraph (A)(ii) and inserting in lieu thereof “the”; (4) by striking out “she” wherever it appears and inserting in lieu thereof “he or she”; (5) by striking out “her” wherever it appears (except where paragraphs (2) and (3) of this subsection apply) and inserting in lieu thereof “his or her”; (6) by striking out “the woman” in subparagraph (B)(ii) and “a woman” in subparagraph (C) and inserting in lieu thereof “the individual” and “an individual”, respectively; and (7) in subparagraph (D)— (A) by inserting “or widower’s” after “widow’s”; (B) by striking out “husband” wherever it appears and inserting in lieu thereof “spouse”; (C) by striking out “husband’s” wherever it appears and inserting in lieu thereof “spouse’s”; and (D) by inserting “or father’s” after “mother’s”. (d) (1) Section 202(q)(6)(A) of such Act (as amended by section 134(a)(2) of this Act) is further amended by striking out “or husband’s” in clause (i) and by inserting “or husband’s” after “wife’s” in clause (ii). (2) Section 202(q)(7) of such Act is amended— (A) in subparagraph (B), by inserting “or husband’s” after “wife’s”, by striking out “she” and inserting in lieu thereof “such individual”, and by inserting “his or” before “her”, and (B) in subparagraph (D), by inserting “or widower’s” after “widow’s”. (e) (1) Section 202(s)(l) of such Act is amended by inserting “(c)(1),” 42 USC 402. after “(b)(1),”. (2) Section 202(s)(2) of such Act (as amended by section 131(c)(1) of this Act) is further amended by inserting “(c)(4),” after “(b)(3),”. (3) Section 202(s)(3) of such Act (as amended by section 131(c)(2) of this Act) is further amended by striking out “So much” and all that follows down through “the last sentence” and inserting in lieu thereof “The last sentence”. (f) The third sentence of section 203(b)(1) of such Act (as amended 42 USC 403. by section 132(b) of this Act) is further amended by inserting “or father’s” after “mother’s”, (g) Section 203(c) of such Act is amended to read as follows: “Deductions on Account of Noncovered Work Outside the United States or Failure to Have Child in Care “(c) Deductions, in such amounts and at such time or times as the Secretary shall determine, shall be made from any payment or payments under this title to which an individual is entitled, until the total of such deductions equals such individual’s benefits or benefit under section 202 for any month— 42 USC 402. “(1) in which such individual is under the age of seventy and for more than forty-five hours of which such individual engaged in noncovered remunerative activity outside the United States; “(2) in which such individual, if a wife or husband under age sixty-five entitled to a wife’s or husband’s insurance benefit, did not have in his or her care (individually or jointly with his or her spouse) a child of such spouse entitled to a child’s insurance benefit and such wife’s or husband’s insurance benefit for such month was not reduced under the provisions of section 202(q); “(3) in which such individual, if a widow or widower entitled to a mother’s or father’s insurance benefit, did not have in his or her care a child of his or her deceased spouse entitled to a child’s insurance benefit; or “(4) in which such an individual, if a surviving divorced mother or father entitled to a mother’s or father’s insurance benefit, did not have in his or her care a child of his or her deceased former spouse who (A) is his or her son, daughter, or legally adopted child and (B) is entitled to a child’s insurance benefit on the basis of the wages and self-employment income of such deceased former spouse. For purposes of paragraphs (2), (3), and (4) of this subsection, a child Child’s insurance benefit, entitlement. 42 USC 422. shall not be considered to be entitled to a child’s insurance benefit for any month in which paragraph (1) of section 202(s) applies or an event specified in section 222(b) occurs with respect to such child. Subject to paragraph (3) of such section 202(s), no deduction shall be made under this subsection from any child’s insurance benefit for the month in which the child entitled to such benefit attained the age of eighteen or any subsequent month; nor shall any deduction be made under this subsection from any widow’s insurance benefit for any month in which the widow or surviving divorced wife is entitled and has not attained age 65 (but only if she became so entitled prior to attaining age 60), or from any widower’s insurance benefit for any month in which the widower or surviving divorced husband is entitled and has not attained age 65 (but only if he became so entitled prior to attaining age 60).”. (h) Section 203(d) of such Act is amended by inserting “divorced 42 USC 403. husband,” after “husband,” in paragraph (1)(A) (as amended by section i32(b)(2) of this Act) and by inserting “or father’s” after “mother’s” each place it appears in paragraph (2). (i) (1) Section 205(b) of such Act (as amended by section 301(d)(1) of 42 USC 405. this Act) is further amended by inserting “surviving divorced father,” after “surviving divorced mother,”. (2) Section 205(c)(1)(C) of such Act (as amended by section 301(d)(2) of this Act) is further amended by inserting “surviving divorced father,” after “surviving divorced mother,”. (j) Section 216(f)(3)(A) of such Act is amended by inserting “(c),” 42 USC 416. before “(f)”. (k) Section 216(g)(6)(A) of such Act is amended by inserting “(c),” before “(f)”. (l) Section 222(b)(1) of such Act is amended by striking out “or 42 USC 422. surviving divorced wife” and inserting in lieu thereof “, surviving divorced wife, or surviving divorced husband”. (m) Section 222(b)(2) of such Act is amended by inserting “or father’s” after “mother’s” wherever it appears. (n) Section 222(b)(3) of such Act is amended by inserting “divorced husband,” after “husband,”. (o) Section 223(d)(2) of such Act is amended by striking out “or 42 USC 423. widower” in subparagraphs (A) and (B) and inserting in lieu thereof “widower, or surviving divorced husband”. (p) Section 225(a) of such Act is amended by inserting “or surviving 42 USC 425. divorced husband” after “widower”. (q) (1) Section 226(e)(3) of such Act is amended to read as follows: Hospital insurance benefits. 42 USC 426. “(3) For purposes of determining entitlement to hospital insurance benefits under subsection (b), any disabled widow aged 50 or older who is entitled to mother’s insurance benefits (and who would have been entitled to widow’s insurance benefits by reason of disability if she had filed for such widow’s benefits), and any disabled widower aged 50 or older who is entitled to father’s insurance benefits (and who would have been entitled to widower’s insurance benefits by reason of disability if he had filed for such widower’s benefits), shall, upon application for such hospital insurance benefits be deemed to have filed for such widow’s or widower’s insurance benefits.”. (2) For purposes of determining entitlement to hospital insurance 42 USC 426 note. benefits under section 226(e)(3) of such Act, as amended by paragraph (1), an individual becoming entitled to such hospital insurance benefits as a result of the amendment made by such paragraph shall, upon furnishing proof of his or her disability within twelve months after the month in which this Act is enacted, under such procedures as the Secretary of Health and Human Services may prescribe, be deemed to have been entitled to the widow’s or widower’s benefits referred to in such section 226(e)(3), as so amended, as of the time such individual would have been entitled to such widow’s or widower’s benefits if he or she had filed a timely application therefor.Pub. L. 98–21 § 309(m) · 97 Stat. 65
Inserted · 42 U.S.C. § 422(b)(2)
Pub. L. 98–21, § 309(m), inserted “or father’s” after “mother’s” wherever appearing
Source evidence
Code amendment note
Subsec. (b)(2). Pub. L. 98–21, § 309(m), inserted “or father’s” after “mother’s” wherever appearing.Enacted provision · exact public law section
(m) Section 222(b)(2) of such Act is amended by inserting “or father’s” after “mother’s” wherever it appears.Pub. L. 98–21 § 309(n) · 97 Stat. 65
Inserted · 42 U.S.C. § 422(b)(3)
Pub. L. 98–21, § 309(n), inserted “divorced husband,” after “husband,”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 98–21, § 309(n), inserted “divorced husband,” after “husband,”.Enacted provision · exact public law section
(n) Section 222(b)(3) of such Act is amended by inserting “divorced husband,” after “husband,”.Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(a)(15)(A) · 98 Stat. 494
Substituted · 42 U.S.C. § 422(a); 42 U.S.C. § 422(b)(1)
Pub. L. 98–369, § 2663(a)(15)(A), substituted “title I of the Rehabilitation Act of 1973” for “the Vocational Rehabilitation Act”
Source evidence
Code amendment note
Subsecs. (a), (b)(1). Pub. L. 98–369, § 2663(a)(15)(A), substituted “title I of the Rehabilitation Act of 1973” for “the Vocational Rehabilitation Act”.Enacted provision · exact public law section
(A) Subsections (a) and (b)(1) of section 222 of such Act are 42 USC 422. amended by striking out “the Vocational Rehabilitation Act” each place it appears and inserting in lieu thereof “title I of the Rehabilitation Act of 1973”.Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(a)(15)(B) · 98 Stat. 494
Substituted · 42 U.S.C. § 422(b)(3)
Pub. L. 98–369, § 2663(a)(15)(B), substituted “equals” for “equal”
Source evidence
Code amendment note
Subsec. (b)(3). Pub. L. 98–369, § 2663(a)(15)(B), substituted “equals” for “equal”.Enacted provision · exact public law section
(B) Section 222(b)(3) of such Act is amended by striking out “equal” and inserting in lieu thereof “equals”.Spending Reduction Act of 1984
Pub. L. 98–369 § 2663(a)(15)(C) · 98 Stat. 494
Substituted · 42 U.S.C. § 422(b)(4)
Pub. L. 98–369, § 2663(a)(15)(C), substituted “full-time elementary or secondary school student” for “full-time student”
Source evidence
Code amendment note
Subsec. (b)(4). Pub. L. 98–369, § 2663(a)(15)(C), substituted “full-time elementary or secondary school student” for “full-time student”.Enacted provision · exact public law section
(C) Section 222(b)(4) of such Act is amended by striking out “fulltime student” and inserting in lieu thereof “full-time elementary or secondary school student”.Social Security Disability Benefits Reform Act of 1984
Pub. L. 98–460 § 11(a) · 98 Stat. 1794
Struck · 42 U.S.C. § 422(d)(1)
Pub. L. 98–460, § 11(a), in provisions following subpar. (D) struck out “into substantial gainful activity” after “rehabilitating such individuals”
Amended · 42 U.S.C. § 422(d)(1)
Pub. L. 98–460, § 11(a), in provisions following subpar. (D) designated existing provisions as cl. (i)
Added · 42 U.S.C. § 422(d)(1)
Pub. L. 98–460, § 11(a), in provisions following subpar. (D) added cls. (ii) and (iii)
Substituted · 42 U.S.C. § 422(d)(1)
Pub. L. 98–460, § 11(a), in provisions following subpar. (D) substituted “of an individual to substantial gainful activity, the determination that an individual, without good cause, refused to continue to accept vocational rehabilitation services or failed to cooperate in such a manner as to preclude successful rehabilitation,” for “of such individuals to substantial gainful activity” after cl. (iii)
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 98–460, § 11(a), in provisions following subpar. (D) struck out “into substantial gainful activity” after “rehabilitating such individuals”, designated existing provisions as cl. (i), added cls. (ii) and (iii), and substituted “of an individual to substantial gainful activity, the determination that an individual, without good cause, refused to continue to accept vocational rehabilitation services or failed to cooperate in such a manner as to preclude successful rehabilitation,” for “of such individuals to substantial gainful activity” after cl. (iii).Enacted provision · exact public law section
(a) (1) The first sentence of section 222(d)(1) of the Social 42 USC 422. Security Act is amended— (A) by striking out “into substantial gainful activity”; and (B) by striking out “which result in their performance of substantial gainful activity which lasts for a continuous period of nine months” and inserting in lieu thereof the following: “(i)in cases where the furnishing of such services results in the performance by such individuals of substantial gainful activity 42 USC 425. for a continuous period of nine months, (ii) in cases where such individuals receive benefits as a result of section 225(b) (except that no reimbursement under this paragraph shall be made for services furnished to any individual receiving such benefits for any period after the close of such individual’s ninth consecutive month of substantial gainful activity or the close of the month in which his or her entitlement to such benefits ceases, which-ever first occurs), and (iii) in cases where such individuals, without good cause, refuse to continue to accept vocational rehabilitation services or fail to cooperate in such a manner as to preclude their successful rehabilitation”. (2) The second sentence of section 222(d)(1) of such Act is amended by striking out ”of such individuals to substantial gainful activity” and inserting in lieu thereof “of an individual to substantial gainful activity, the determination that an individual, without good cause, refused to continue to accept vocational rehabilitation services or failed to cooperate in such a manner as to preclude successful rehabilitation,”.Omnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5112(a)(1) · 104 Stat. 1388
Substituted · 42 U.S.C. § 422(c)(4)(A)
Pub. L. 101–508, § 5112(a)(1), substituted “in any period of 60 consecutive months” for “beginning on or after the first day of such period”
Source evidence
Code amendment note
Subsec. (c)(4)(A). Pub. L. 101–508, § 5112(a)(1), substituted “in any period of 60 consecutive months” for “beginning on or after the first day of such period”.Enacted provision · exact public law section
(1) in paragraph (4)(A), by striking “, beginning on or after the first day of such period,” and inserting “, in any period of 60 consecutive months,”; andOmnibus Budget Reconciliation Act of 1990
Pub. L. 101–508 § 5112(a)(2) · 104 Stat. 1388
Struck · 42 U.S.C. § 422(c)(5)
Pub. L. 101–508, § 5112(a)(2), struck out par. (5) which read as follows: “In the case of an individual who becomes entitled to benefits under section 423 of this title for any month as provided in clause (ii) of subsection (a)(1) of such section, the preceding provisions of this subsection shall not apply with respect to services in any month beginning with the first month for which he is so entitled and ending with the first month thereafter for which he is not entitled to benefits under section 423 of this title.”
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 101–508, § 5112(a)(2), struck out par. (5) which read as follows: “In the case of an individual who becomes entitled to benefits under section 423 of this title for any month as provided in clause (ii) of subsection (a)(1) of such section, the preceding provisions of this subsection shall not apply with respect to services in any month beginning with the first month for which he is so entitled and ending with the first month thereafter for which he is not entitled to benefits under section 423 of this title.”Enacted provision · exact public law section
(2) by striking paragraph (5).Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 422(b)(1)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”
Source evidence
Code amendment note
Subsec. (b)(1). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 103–296 § 201(a)(4)(B) · 108 Stat. 1464
Inserted · 42 U.S.C. § 422(c)(2)
Pub. L. 103–296, § 201(a)(4)(B), inserted “(whether legal or illegal)” after “activity”
Source evidence
Code amendment note
Subsec. (c)(2). Pub. L. 103–296, § 201(a)(4)(B), inserted “(whether legal or illegal)” after “activity”.Enacted provision · exact public law section
(a) Amendments Relating to Benefits Based on Disability Under Title II of the Social Security Act.— (1) Required payment of benefits to representative payees.— (A) In general.— Section 205(j)(1) of the Social Security Act (42 U.S.C. 405(j)(D) is amended— (i) by inserting “(A)” after “(j)(1)”; (ii) in the last sentence, by inserting “, if the interest of the individual under this title would be served thereby,” after “alternative representative payee or”; and (iii) by adding at the end the following new subparagraph: “(B) In the case of an individual entitled to benefits based on disability, if alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability, certification of payment of such benefits to a representative payee shall be deemed to serve the interest of such individual under this title. In any case in which such certification is so deemed under this subparagraph to serve the interest of an individual, the Secretary shall include, in such individual’s notification of entitlement, a notice that alcoholism or drug addiction is a contributing factor material to the Secretary’s determination of such individual’s disability and that the Secretary is therefore required to make a certification of payment of such individual’s benefits to a representative payee.”. (B) Conforming amendment.—Section 205(j)(2)(D)(ii)(II) of such Act (42 U.S.C. 402(j)(2)(D)(ii)(II)) 42 USC 405. is amended by striking “or under the age of 15” and inserting “, under the age of 15 years, or (if alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability) is eligible for benefits under this title by reason of disability.”. (C) 90-day delay in deferral or suspension of benefits for current beneficiaries.— In the case of an individual who, as of 180 days after the date of the enactment of this Act, has been determined to be under a disability, if alcoholism or drug addiction is a contributing factor material to the determination of the Secretary of Health and Human Services that the individual is under a disability, the Secretary may, notwithstanding clauses (i) and (ii) of section 205(j)(2)(D) of the Social Security Act, make direct payment of benefits to such individual during the 90-day period commencing with the date on which such individual is provided the notice described in subparagraph (D)(ii) of this paragraph, until such time during such period as the selection of a representative payee is made pursuant to section 205(j) of such Act. (D) Effective date.— (i) General rule.— Except as provided in clause (ii), the amendments made by this paragraph shall apply with respect to benefits paid in months beginning after 180 days after the date of the enactment of this Act. (ii) Treatment of current beneficiaries.— In any case in which— (I) an individual is entitled to benefits based on disability (as defined in section 205(j)(7) of the Social Security Act, as amended by this section), (II) the determination of disability was made by the Secretary of Health and Human Services during or before the 180-day period following the date of the enactment of this Act, and (III) alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability, the amendments made by this paragraph shall apply with respect to benefits paid in months after the month in which such individual is notified by the Secretary in writing that alcoholism or drug addiction is a contributing factor material to the Secretary’s determination and that the Secretary is therefore required to make a certification of payment of such individual’s benefits to a representative payee. (E) Study regarding feasibility, cost, and equity of requiring representative payees for all disability beneficiaries suffering from alcoholism or drug addiction.— (i) Study.— As soon as practicable after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct a study of the rep-resentative payee program. In such study, the Secretary shall examine— (I) the feasibility, cost, and equity of requiring representative payees for all individuals entitled to benefits based on disability under title II or XVI of the Social Security Act who suffer from alcoholism or drug addiction, irrespective of whether the alcoholism or drug addiction was material in any case to the Secretary’s determination of disability, (II) the feasibility, cost, and equity of providing benefits through non-cash means, including (but not limited to) vouchers, debit cards, and electronic benefits transfer systems, (III) the extent to which child beneficiaries are afflicted by drug addition or alcoholism and ways of addressing such affliction, including the feasibility of requiring treatment, and (IV) the extent to which children’s representative payees are afflicted by drug addiction or alcoholism, and methods to identify children’s representative payees afflicted by drug addition or alcoholism and to ensure that benefits continue to be provided to beneficiaries appropriately. (ii) Report.— Not later than December 31, 1995, the Secretary shall transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report setting forth the findings of the Secretary based on such study. Such report shall include such recommendations for administrative or legislative changes as the Secretary considers appropriate. (2) Increased reliance on professional representative payees.— (A) Preference required for organizational representative payees.— Section 205(j)(2)(C) of such Act (42 U.S.C. 405(j)(2)(C)) is amended by adding at the end the following new clause: “(v) In the case of an individual entitled to benefits based on disability, if alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability, when selecting such individual’s representative payee, preference shall be given to— “(I) a community-based nonprofit social service agency licensed or bonded by the State, “(II) a Federal, State, or local government agency whose mission is to carry out income maintenance, social service, or health care-related activities, “(III) a State or local government agency with fiduciary responsibilities, or “(IV) a designee of an agency (other than of a Federal agency) referred to in the preceding subclauses of this clause, if the Secretary deems it appropriate, unless the Secretary determines that selection of a family member would be appropriate.”. (B) Availability of public agencies and other qualified organizations to serve as representative payees.— (i) Allowable fees.— Section 205(j)(4)(A) of such Act (42 U.S.C. 405(j)(4)) is amended— (I) by redesignating clauses (i) and (ii) as subclauses (I) and (II), respectively; (II) by inserting “(i)” after “(4)(A)”; (III) by striking subclause (II) (as redesignated by subclause (I) of this clause) and inserting the following: “(II) $25.00 per month ($50.00 per month in any case in which the individual is entitled to benefits based on disability and alcoholism or drug addiction is a contributing factor material to the Secretary’s determination that the individual is under a disability).”; (IV) by inserting, after and below subclause (II) (as amended), the following new sentence: “The Secretary shall adjust annually (after 1995) each dollar amount set forth in subclause (II) under procedures providing for adjustments in the same manner and to the same extent as adjustments are provided for under the procedures used to adjust benefit amounts under section 215(i)(2)(A), except that any amount so adjusted that is not a multiple of $1.00 shall be rounded to the nearest multiple of $1.00.”; andPub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 422(c)(2)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 422(d)(1)
Pub. L. 103–296, § 107(a)(4), in closing provisions substituted “Commissioner of Social Security to reimburse” for “Secretary to reimburse”
Source evidence
Code amendment note
Subsec. (d)(1). Pub. L. 103–296, § 107(a)(4), in closing provisions substituted “Commissioner of Social Security to reimburse” for “Secretary to reimburse”.Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 422(d)(1)
Pub. L. 103–296, § 107(a)(4), which directed the amendment of this subchapter by substituting “the Commissioner” for “him” where referring to the Commissioner of Social Security, to reflect the probable intent of Congress
Target inherited from the preceding amendment note.
Source evidence
Code amendment note
Pub. L. 103–296, § 107(a)(4), which directed the amendment of this subchapter by substituting “the Commissioner” for “him” where such word referred to the Secretary of Health and Human Services, was executed in closing provisions by substituting “the Commissioner” for “him” where referring to the Commissioner of Social Security, to reflect the probable intent of Congress.Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 422(d)(4)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”
Substituted · 42 U.S.C. § 422(d)(4)
Pub. L. 103–296, § 107(a)(4), substituted “the Commissioner may” for “he may”
Source evidence
Code amendment note
Subsec. (d)(4). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” and “the Commissioner may” for “he may”.Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464
Substituted · 42 U.S.C. § 422(d)(5)
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”
Source evidence
Code amendment note
Subsec. (d)(5). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.Enacted provision · exact public law section
(4) by striking, wherever it appears, each of the following words (but, in the case of any such word only if such word refers to the Secretary of Health and Human Services): “Secretary”, “Secretary’s”, “his”, “him”, “he”, “her”, and “she”, and inserting (in the case of the word “Secretary”) “Commissioner of Social Security”, (in the case of the word “Secretary’s”) “Commissioner’s”, (in the case of the word “his”) “the Commissioner’s”, (in the case of the word “him”) “the Commissioner”, (in the case of the word “her”) “the Commissioner” or “the Commissioner’s”, as may be appropriate, and (in the case of the words “she” or “he”) the Commissioner”,Senior Citizens’ Right to Work Act of 1996
Pub. L. 104–121 title I § 105(a)(3) · 110 Stat. 847
Added · 42 U.S.C. § 422(e)
Pub. L. 104–121 added subsec. (e)
Source evidence
Code amendment note
Subsec. (e). Pub. L. 104–121 added subsec. (e).Enacted provision · exact public law section
(3) Treatment referrals for individuals with an alcoholism or drug addiction condition.— Section 222 of such Act (42 U.S.C. 422) is amended by adding at the end the following new subsection: “(e) “TREATMENT REFERRALS FOR INDIVIDUALS WITH AN ALCOHOLISM OR DRUG ADDICTION CONDITION In the case of any individual whose benefits under this title are paid to a representative payee pursuant to section 205(j)(1)(B), the Commissioner of Social Security shall refer such individual to the appropriate State agency administering the State plan for substance abuse treatment services approved under subpart II of part B of title XIX of the Public Health Service Act (42 U.S.C. 300x-21et seq.).”.Pub. L. 106–170 § 101(b)(1)(B) · 113 Stat. 1860
Struck · 42 U.S.C. § 422(a)
Pub. L. 106–170, § 101(b)(1)(B), struck out heading and text of subsec. (a). Text read as follows: “It is declared to be the policy of the Congress that disabled individuals applying for a determination of disability, and disabled individuals who are entitled to child’s insurance benefits, widow’s insurance benefits, or widower’s insurance benefits, shall be promptly referred to the State agency or agencies administering or supervising the administration of the State plan approved under title I of the Rehabilitation Act of 1973 for necessary vocational rehabilitation services, to the end that the maximum number of such individuals may be rehabilitated into productive activity.”
Source evidence
Code amendment note
Subsec. (a). Pub. L. 106–170, § 101(b)(1)(B), struck out heading and text of subsec. (a). Text read as follows: “It is declared to be the policy of the Congress that disabled individuals applying for a determination of disability, and disabled individuals who are entitled to child’s insurance benefits, widow’s insurance benefits, or widower’s insurance benefits, shall be promptly referred to the State agency or agencies administering or supervising the administration of the State plan approved under title I of the Rehabilitation Act of 1973 for necessary vocational rehabilitation services, to the end that the maximum number of such individuals may be rehabilitated into productive activity.”Enacted provision · exact public law section
(B) Section 222(a) of such Act (42 U.S.C. 422(a)) is repealed.Pub. L. 106–170 § 101(b)(1)(C) · 113 Stat. 1860
Struck · 42 U.S.C. § 422(b)
Pub. L. 106–170, § 101(b)(1)(C), struck out heading and text of subsec. (b), which authorized deductions from payments under this subchapter up to amount of benefits on account of refusal without good cause to accept rehabilitation services, and authorized deductions from payments to husbands, wives, or children of individuals who refuse to accept such services with exception for children between 18 and 22 who are full-time students
Source evidence
Code amendment note
Subsec. (b). Pub. L. 106–170, § 101(b)(1)(C), struck out heading and text of subsec. (b), which authorized deductions from payments under this subchapter up to amount of benefits on account of refusal without good cause to accept rehabilitation services, and authorized deductions from payments to husbands, wives, or children of individuals who refuse to accept such services with exception for children between 18 and 22 who are full-time students.Enacted provision · exact public law section
(C) Section 222(b) of such Act (42 U.S.C. 422(b)) is repealed.Pub. L. 108–203 title II § 208(a) · 118 Stat. 493
Added · 42 U.S.C. § 422(c)(5)
Pub. L. 108–203 added par. (5)
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 108–203 added par. (5).Enacted provision · exact public law section
(a) In General.— Section 222(c) of the Social Security Act (42 U.S.C. 422(c)) is amended by adding at the end the following: “(5) Upon conviction by a Federal court that an individual has fraudulently concealed work activity during a period of trial work from the Commissioner of Social Security by— “(A) providing false information to the Commissioner of Social Security as to whether the individual had earnings in or for a particular period, or as to the amount thereof; “(B) receiving disability insurance benefits under this title while engaging in work activity under another identity, including under another social security account number or a number purporting to be a social security account number; or “(C) taking other actions to conceal work activity with an intent fraudulently to secure payment in a greater amount than is due or when no payment is authorized, no benefit shall be payable to such individual under this title with respect to a period of disability for any month before such conviction during which the individual rendered services during the period of trial work with respect to which the fraudulently concealed work activity occurred, and amounts otherwise due under this title as restitution, penalties, assessments, fines, or other repayments shall in all cases be in addition to any amounts for which such individual is liable as overpayments by reason of such concealment.” .Effective date note
Pub. L. 108–203, title II, § 208(b), Mar. 2, 2004, 118 Stat. 513, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to work activity performed after the date of the enactment of this Act [Mar. 2, 2004].”<Social Security Benefit Protection and Opportunity Enhancement Act of 2015>
Pub. L. 114–74 title VIII § 813(d) · 129 Stat. 584
Inserted · 42 U.S.C. § 422(c)(5)
Pub. L. 114–74 inserted “, or the imposition of a civil monetary penalty under section 1320a–8 of this title,” after “conviction by a Federal court” in introductory provisions
Source evidence
Code amendment note
Subsec. (c)(5). Pub. L. 114–74 inserted “, or the imposition of a civil monetary penalty under section 1320a–8 of this title,” after “conviction by a Federal court” in introductory provisions.Enacted provision · exact public law section
(d) No Benefits Payable to Individuals for Whom a Civil Monetary Penalty Is Imposed for Fraudulently Concealing Work Activity.— Section 222(c)(5) of the Social Security Act (42 U.S.C. 422(c)(5)) is amended by inserting after “conviction by a Federal court” the following: “, or the imposition of a civil monetary penalty under section 1129,”.
40 of 46 references resolved to an enrolled provision · 3 partial · 3 unresolved
Editorial Notes
References in Text
The Rehabilitation Act of 1973, referred to in subsec. (d)(1), (5), is Pub. L. 93–112, , 87 Stat. 355. Title I of the Rehabilitation Act of 1973 is classified generally to subchapter I (§ 720 et seq.) of chapter 16 of Title 29, Labor. For complete classification of this Act to the Code, see Short Title note set out under section 701 of Title 29 and Tables.
The Public Health Service Act, referred to in subsec. (e), is act July 1, 1944, ch. 373, 58 Stat. 682. Subpart II of part B of title XIX of the Act is classified generally to subpart II (§ 300x–21 et seq.) of part B of subchapter XVII of chapter 6A of this title. For complete classification of this Act to the Code, see Short Title note set out under section 201 of this title and Tables.
Amendments1956–2015 · 16 rounds
2015
Subsec. (c)(5). Pub. L. 114–74 inserted “, or the imposition of a civil monetary penalty under section 1320a–8 of this title,” after “conviction by a Federal court” in introductory provisions.
2004
Subsec. (c)(5). Pub. L. 108–203 added par. (5).
1999
Subsec. (a). Pub. L. 106–170, § 101(b)(1)(B), struck out heading and text of subsec. (a). Text read as follows: “It is declared to be the policy of the Congress that disabled individuals applying for a determination of disability, and disabled individuals who are entitled to child’s insurance benefits, widow’s insurance benefits, or widower’s insurance benefits, shall be promptly referred to the State agency or agencies administering or supervising the administration of the State plan approved under title I of the Rehabilitation Act of 1973 for necessary vocational rehabilitation services, to the end that the maximum number of such individuals may be rehabilitated into productive activity.”
Subsec. (b). Pub. L. 106–170, § 101(b)(1)(C), struck out heading and text of subsec. (b), which authorized deductions from payments under this subchapter up to amount of benefits on account of refusal without good cause to accept rehabilitation services, and authorized deductions from payments to husbands, wives, or children of individuals who refuse to accept such services with exception for children between 18 and 22 who are full-time students.
1996
Subsec. (e). Pub. L. 104–121 added subsec. (e).
1994
Subsec. (b)(1). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (c)(2). Pub. L. 103–296, § 201(a)(4)(B), inserted “(whether legal or illegal)” after “activity”.
Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
Subsec. (d)(1). Pub. L. 103–296, § 107(a)(4), in closing provisions substituted “Commissioner of Social Security to reimburse” for “Secretary to reimburse”.
Pub. L. 103–296, § 107(a)(4), which directed the amendment of this subchapter by substituting “the Commissioner” for “him” where such word referred to the Secretary of Health and Human Services, was executed in closing provisions by substituting “the Commissioner” for “him” where referring to the Commissioner of Social Security, to reflect the probable intent of Congress.
Subsec. (d)(4). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” and “the Commissioner may” for “he may”.
Subsec. (d)(5). Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”.
1990
Subsec. (c)(4)(A). Pub. L. 101–508, § 5112(a)(1), substituted “in any period of 60 consecutive months” for “beginning on or after the first day of such period”.
Subsec. (c)(5). Pub. L. 101–508, § 5112(a)(2), struck out par. (5) which read as follows: “In the case of an individual who becomes entitled to benefits under section 423 of this title for any month as provided in clause (ii) of subsection (a)(1) of such section, the preceding provisions of this subsection shall not apply with respect to services in any month beginning with the first month for which he is so entitled and ending with the first month thereafter for which he is not entitled to benefits under section 423 of this title.”
1984
Subsecs. (a), (b)(1). Pub. L. 98–369, § 2663(a)(15)(A), substituted “title I of the Rehabilitation Act of 1973” for “the Vocational Rehabilitation Act”.
Subsec. (b)(3). Pub. L. 98–369, § 2663(a)(15)(B), substituted “equals” for “equal”.
Subsec. (b)(4). Pub. L. 98–369, § 2663(a)(15)(C), substituted “full-time elementary or secondary school student” for “full-time student”.
Subsec. (d)(1). Pub. L. 98–460, § 11(a), in provisions following subpar. (D) struck out “into substantial gainful activity” after “rehabilitating such individuals”, designated existing provisions as cl. (i), added cls. (ii) and (iii), and substituted “of an individual to substantial gainful activity, the determination that an individual, without good cause, refused to continue to accept vocational rehabilitation services or failed to cooperate in such a manner as to preclude successful rehabilitation,” for “of such individuals to substantial gainful activity” after cl. (iii).
1983
Subsec. (b)(1). Pub. L. 98–21, § 309(l), substituted “, surviving divorced wife, or surviving divorced husband” for “or surviving divorced wife”.
Subsec. (b)(2). Pub. L. 98–21, § 309(m), inserted “or father’s” after “mother’s” wherever appearing.
Subsec. (b)(3). Pub. L. 98–21, § 309(n), inserted “divorced husband,” after “husband,”.
1981
Subsec. (d). Pub. L. 97–35 substituted provisions authorizing the transfer of funds as may be necessary to enable the Secretary to reimburse the State for the reasonable and necessary costs of vocational rehabilitation, under a State plan approved under title I of the Rehabilitation Act of 1973, which results in performance of substantial gainful activity for a continuous period of nine months, with the determination that the vocational rehabilitation services contributed to the successful return to substantial gainful activity and the amount of costs to be reimbursed made by the Commissioner of Social Security for provisions authorizing the transfer of funds as may be necessary to enable the Secretary to pay the cost of vocational rehabilitation services, restricting the amount of such cost that may be expended in any one fiscal year, establishing specific criteria which a State plan must meet, and providing that the selection of individuals to receive services be made in conformance with criteria formulated by the Secretary.
1980
Subsec. (c)(1). Pub. L. 96–265, § 303(a)(1), inserted references to sections 402(e) and 402(f) of this title.
Subsec. (c)(3). Pub. L. 96–265, § 303(a)(2), inserted reference to individuals entitled to widow’s or widower’s insurance benefits under section 402(e) or (f) of this title who became entitled to such benefits prior to attaining age 60.
1972
Subsec. (b)(1). Pub. L. 92–603, § 107(b)(3), substituted “a widow, widower or surviving divorced wife who has not attained age 60” or “a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62”.
Subsec. (d)(1). Pub. L. 92–603, §§ 107(b)(4), 131, substituted “age 60” for “age 62”, and inserted provisions increasing applicable percentages so that the total amount made available pursuant to subsec. (d) may not exceed 1.25 percent, in fiscal year ending , and 1.5 percent, in fiscal year ending , and thereafter, of the total of the benefits under section 402(d) of this title for children who have attained age 18 and are under a disability.
1968
Subsec. (a). Pub. L. 90–248, § 104(d)(3)(A), inserted “widow’s insurance benefits, or widower’s insurance benefits,” after “benefits,”.
Subsec. (b)(1). Pub. L. 90–248, § 104(d)(3)(B), substituted “child’s insurance benefits, a widow or surviving divorced wife who has not attained age 60, a widower who has not attained age 62, or” for “child’s insurance benefits or if”.
Subsec. (c)(4)(B). Pub. L. 90–248, § 158(c)(5), substituted reference to “423(d)” for “423(c)(2)”.
Subsec. (d)(1). Pub. L. 90–248, § 104(d)(4), added subpars. (C) and (D), and inserted “the benefits under section 402(e) of this title for widows and surviving divorced wives who have not attained age 60 and are under a disability, the benefits under section 402(f) of this title for widowers who have not attained age 62,” after “disability,” in text following subpar. (D).
1965
Subsec. (b)(3). Pub. L. 89–97, § 308(d)(11), inserted “divorced wife,” after “wife,”.
Subsec. (b)(4). Pub. L. 89–97, § 306(c)(14), added par. (4).
Subsec. (d). Pub. L. 89–97, § 336, added subsec. (d).
1960
Subsec. (c). Pub. L. 86–778 amended subsection generally by substituting provisions relating to period of trial work for provisions which related to services performed pursuant to a State-approved rehabilitation program.
1958
Subsec. (b). Pub. L. 85–840 designated existing provisions thereof as par. (1) and added pars. (2) and (3).
1956
Subsec. (a). Act , designated existing provisions as subsec. (a), authorized referral of disabled individuals who are entitled to child’s insurance benefits, and substituted “rehabilitated into productive activity” for “restored to productive activity”.
Subsecs. (b), (c). Act , added subsecs. (b) and (c).
Statutory Notes and Related Subsidiaries
Effective Date of 2004 Amendment
Pub. L. 108–203, title II, § 208(b), , 118 Stat. 513, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to work activity performed after the date of the enactment of this Act [].”
Effective Date of 1999 Amendment
Amendment by Pub. L. 106–170 effective with the first month following one year after , 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 1996 Amendment
Amendment by Pub. L. 104–121 effective , with respect to any individual whose claim for benefits is finally adjudicated on or after , or whose entitlement to benefits is based upon an entitlement redetermination made pursuant to section 105(a)(5)(C) of Pub. L. 104–121, see section 105(a)(5) of Pub. L. 104–121, as amended, set out as a note under section 405 of this title.
Effective Date of 1994 Amendment
Amendment by section 107(a)(4) of Pub. L. 103–296 effective , see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title.
Pub. L. 103–296, title II, § 201(a)(4)(C), , 108 Stat. 1499, provided that: “The amendments made by this paragraph [amending this section and section 423 of this title] shall take effect on the date of the enactment of this Act [].”
Effective Date of 1990 Amendment
Pub. L. 101–508, title V, § 5112(b), , 104 Stat. 1388–273, provided that: “The amendments made by subsection (a) [amending this section] shall take effect on .”
Effective Date of 1984 Amendment
Pub. L. 98–460, § 11(c), , 98 Stat. 1806, provided that: “The amendments made by this section [amending this section and section 1382d of this title] shall apply with respect to individuals who receive benefits as a result of section 225(b) or section 1631(a)(6) of the Social Security Act [42 U.S.C. 425(b), 1383(a)(6)], or who refuse to continue to accept rehabilitation services or fail to cooperate in an approved vocational rehabilitation program, in or after the first month following the month in which this Act is enacted [October 1984].”
Amendment by Pub. L. 98–369 effective , 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 1983 Amendment
Amendment by Pub. L. 98–21 applicable only with respect to monthly payments payable under this subchapter for months after April, 1983, see section 310 of Pub. L. 98–21, set out as a note under section 402 of this title.
Effective Date of 1981 Amendment
Pub. L. 97–35, title XXII, § 2209(b), , 95 Stat. 841, provided that: “The amendment made by subsection (a) [amending this section] shall apply with respect to services rendered on or after .”
Effective Date of 1980 Amendment
Amendment by Pub. L. 96–265 effective on first day of sixth month which begins after , and applicable to any individual whose disability has not been determined to have ceased prior to such first day, see section 303(d) of Pub. L. 96–265, set out as a note under section 402 of this title.
Effective Date of 1972 Amendment
Amendment by Pub. L. 92–603 applicable with respect to monthly benefits under this subchapter for months after Dec. 1972, with specified exceptions, see section 107(c) of Pub. L. 92–603, set out as a note under section 402 of this title.
Effective Date of 1968 Amendment
Amendment by section 104(d)(3), (4) of Pub. L. 90–248 applicable with respect to monthly benefits under this subchapter for and after the month of February 1968, but only on the basis of applications for such benefits filed in or after January 1968, see section 104(e) of Pub. L. 90–248, set out as a note under section 402 of this title.
Amendment by section 158(c)(5) of Pub. L. 90–248 applicable with respect to applications for disability insurance benefits under section 423 of this title and to disability determinations under section 416(i) of this title, see section 158(e) of Pub. L. 90–248, set out as a note under section 423 of this title.
Effective Date of 1965 Amendment
Amendment by section 308(d)(11) of Pub. L. 89–97 applicable with respect to monthly insurance benefits under this subchapter beginning with the second month following July 1965, but, in the case of an individual who was not entitled to a monthly insurance benefit under section 402 of this title for the first month following July 1965, only on the basis of an application filed in or after July 1965, see section 308(e) of Pub. L. 89–97, set out as a note under section 402 of this title.
Effective Date of 1960 Amendment
Pub. L. 86–778, title IV, § 403(e), , 74 Stat. 969, provided that:
“(1) The amendment made by subsection (a) [amending this section] shall be effective only with respect to months beginning after the month in which this Act is enacted [September 1960].
“(2) The amendments made by subsections (b) and (d) [amending sections 423 and 402 of this title] shall apply only with respect to benefits under section 223(a) or 202(d) of the Social Security Act [42 U.S.C. 423(a), 402(d)] for months after the month in which this Act is enacted in the case of individuals who, without regard to such amendments, would have been entitled to such benefits for the month in which this Act is enacted or for any succeeding month.
“(3) The amendment made by subsection (c) [amending section 416 of this title] shall apply only in the case of individuals who have a period of disability (as defined in section 216(i) of the Social Security Act [42 U.S.C. 416(i)]) beginning on or after the date of the enactment of this Act [], or beginning before such date and continuing, without regard to such amendment, beyond the end of the month in which this Act is enacted.”
Effective Date of 1958 Amendment
Amendment by section 205(n) of Pub. L. 85–840 applicable with respect to monthly benefits under this subchapter for months after August 1958, but only if an application for such benefits is filed on or after , see section 207(a) of Pub. L. 85–840, set out as a note under section 416 of this title.
Pub. L. 85–840, title III, § 307(h)(3), , 72 Stat. 1033, provided that: “The amendments made by subsection (g) [amending this section] shall apply with respect to monthly benefits under section 202 of the Social Security Act [42 U.S.C. 402] for months, occurring after the month in which this Act is enacted [August 1958], in which a deduction is incurred under paragraph (1) of section 222(b) of the Social Security Act [42 U.S.C. 422(b)(1)].”
Credits
1935–2015 · 18 acts
- 1935Aug. 14, 1935, ch. 531, title II, § 222, as added Sept. 1, 1954, ch. 1206, title I, § 106(g) 68 Stat. 1082
- 1956amended Aug. 1, 1956, ch. 836, title I, § 103(b), 70 Stat. 817
- 1958Pub. L. 85–840, title II, § 205(n), title III, § 307(g), , 72 Stat. 1025, 1032
- 1960Pub. L. 86–778, title IV, § 403(a), , 74 Stat. 968
- 1965Pub. L. 89–97, title III, §§ 306(c)(14), 308(d)(11), 336, , 79 Stat. 373, 379, 408
- 1968Pub. L. 90–248, title I, §§ 104(d)(3), (4), 158(c)(5), , 81 Stat. 832, 869
- 1972Pub. L. 92–603, title I, §§ 107(b)(3), (4), 131, , 86 Stat. 1343, 1360
- 1980Pub. L. 96–265, title III, § 303(a), , 94 Stat. 451
- 1981Pub. L. 97–35, title XXII, § 2209(a), , 95 Stat. 840
- 1983Pub. L. 98–21, title III, § 309(l)–(n), , 97 Stat. 117
- 1984Pub. L. 98–369, div. B, title VI, § 2663(a)(15), , 98 Stat. 1165
- 1984Pub. L. 98–460, § 11(a), , 98 Stat. 1805
- 1990Pub. L. 101–508, title V, § 5112(a), , 104 Stat. 1388–273
- 1994Pub. L. 103–296, title I, § 107(a)(4), title II, § 201(a)(4)(B), , 108 Stat. 1478, 1499
- 1996Pub. L. 104–121, title I, § 105(a)(3), , 110 Stat. 852
- 1999Pub. L. 106–170, title I, § 101(b)(1)(B), (C), , 113 Stat. 1873
- 2004Pub. L. 108–203, title II, § 208(a), , 118 Stat. 513
- 2015Pub. L. 114–74, title VIII, § 813(d), , 129 Stat. 604.
Show as published
(Aug. 14, 1935, ch. 531, title II, § 222, as added Sept. 1, 1954, ch. 1206, title I, § 106(g) 68 Stat. 1082; amended Aug. 1, 1956, ch. 836, title I, § 103(b), 70 Stat. 817; Pub. L. 85–840, title II, § 205(n), title III, § 307(g), , 72 Stat. 1025, 1032; Pub. L. 86–778, title IV, § 403(a), , 74 Stat. 968; Pub. L. 89–97, title III, §§ 306(c)(14), 308(d)(11), 336, , 79 Stat. 373, 379, 408; Pub. L. 90–248, title I, §§ 104(d)(3), (4), 158(c)(5), , 81 Stat. 832, 869; Pub. L. 92–603, title I, §§ 107(b)(3), (4), 131, , 86 Stat. 1343, 1360; Pub. L. 96–265, title III, § 303(a), , 94 Stat. 451; Pub. L. 97–35, title XXII, § 2209(a), , 95 Stat. 840; Pub. L. 98–21, title III, § 309(l)–(n), , 97 Stat. 117; Pub. L. 98–369, div. B, title VI, § 2663(a)(15), , 98 Stat. 1165; Pub. L. 98–460, § 11(a), , 98 Stat. 1805; Pub. L. 101–508, title V, § 5112(a), , 104 Stat. 1388–273; Pub. L. 103–296, title I, § 107(a)(4), title II, § 201(a)(4)(B), , 108 Stat. 1478, 1499; Pub. L. 104–121, title I, § 105(a)(3), , 110 Stat. 852; Pub. L. 106–170, title I, § 101(b)(1)(B), (C), , 113 Stat. 1873; Pub. L. 108–203, title II, § 208(a), , 118 Stat. 513; Pub. L. 114–74, title VIII, § 813(d), , 129 Stat. 604.)