§ 425. Additional rules relating to benefits based on disability

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.

1. 1935

   Pub. L. 84–531 · 70 Stat. 160

   Enacted · 42 U.S.C. § 425

   Aug. 14, 1935, ch. 531, title II, § 225, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 817

   Source evidence

   Code source credit
   Aug. 14, 1935, ch. 531, title II, § 225, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 817

2. 1958

   Social Security Amendments of 1958

   Pub. L. 85–840 title II § 205 · 72 Stat. 1013

   Changed · 42 U.S.C. § 425

   Pub. L. 85–840 provided that whenever the benefits of an individual entitled to a disability insurance benefit are suspended for any month, the benefits of any individual entitled thereto under subsection (b), (c), or (d) of section 402 of this title, on the basis of the wages and self-employment income of such individual, shall be suspended for such month

   Source evidence

   Code amendment note
   Pub. L. 85–840 provided that whenever the benefits of an individual entitled to a disability insurance benefit are suspended for any month, the benefits of any individual entitled thereto under subsection (b), (c), or (d) of section 402 of this title, on the basis of the wages and self-employment income of such individual, shall be suspended for such month.

   Enacted provision · exact public law section
   Sec. 205. benefits for the dependents of disability insurance beneficiaries (a) The first sentence of section 201 (h) of such Act is 42 USC 401. amended by inserting “, and benefit payments required to be made under subsection (b), (c) or (d) of section 202 to individuals entitled 42 USC 402, 423. to benefits on the basis of the wages and self-employment income of an individual entitled to disability insurance benefits,” after “section 223”. (b) Wife’s Insurance Benefits (1) Subsection (b) of section 202 of such Act is amended by 42 USC 402. inserting “or disability” after “old-age” wherever it appears therein. (2) So much of paragraph (1) of such subsection as follows the colon is amended by striking out “or” the first time it appears and inserting immediately before the period at the end of such paragraph “, or her husband is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits”. (c) Husband’s Insurance Benefits (1) Subparagraph (C) of subsection (c) (1) of such section 42 USC 402. 202 is amended to read as follows: “(C) was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary, from such individual— “(i) if she had a period of disability which did not end prior to the month in which she became entitled to old-age or disability insurance benefits, at the beginning of such period or at the time she became entitled to such benefits, or “(ii) if she did not have such a period of disability, at the time she became entitled to such benefits, and filed proof of such support within two years after the month in which she filed application with respect to such period of disability or after the month in which she became entitled to such benefits, as the case may be, or, if she did not have such a period, two years after the month in which she became entitled to such benefits, and”. (2) The remainder of such subsection (c) (1) is amended by inserting “or disability” after “old-age” wherever it appears therein. (3) So much of such subsection (c) (1) as follows the colon is further amended by striking out “or” the first time it appears and inserting immediately before the period at the end thereof “, or his wife is not entitled to disability insurance benefits and is not entitled to old-age insurance benefits”. (d) Child’s Insurance Benefits Section 202 (d) (1) of such Act is amended to read as follows: 42 USC 402. Post, p. 1028. “(d) (1) Every child (as defined in section 216 (e)) of an individual entitled to old-age or disability insurance benefits, or of an individual who dies a fully or currently insured individual after 1939, if such child— “(A) has filed application for child’s insurance benefits, “(B) at the time such application was filed was unmarried and either (i) had not attained the age of eighteen or (ii) was Ante, p. 1020. under a disability (as defined in section 223 (c)) which began before he attained the age of eighteen, and “(C) was dependent upon such individual— “(i) if such individual had a period of disability which did not end prior to the month in which he became entitled to old-age or disability insurance benefits or (if he has died) prior to the month in which he died, at the beginning of such period or at the time he became entitled to such benefits or died, “(ii) if such individual did not have such a period and is living, at the time such application was filed, or “(iii) if such individual did not have such a period and has died, at the time of such death, shall be entitled to a child’s insurance benefit for each month, beginning with the first month after August 1950 in which such child becomes so entitled to such insurance benefits and ending with the month preceding the first month in which any of the following occurs: such child dies, marries, is adopted (except for adoption by a stepparent, grandparent, aunt, or uncle subsequent to the death of such fully or currently insured individual), attains the age of eighteen and is not under a disability (as defined in section 223 (c)) which began before he attained such age, or ceases to be under a disability (as so defined) on or after the day on which he attains age eighteen. Entitlement of any child to benefits under this subsection on the basis of the wages and self-employment income of an individual entitled to disability insurance benefits shall also end with the month before the first month for which such individual is not entitled to such benefits unless such individual is, for such later month, entitled to old-age insurance benefits or unless he dies in such month.” (e) Widower’s Insurance Benefits Subparagraph (D) of section 202 (f) (1) of such Act is 42 USC 402. amended to read as follows: “(D) (i) was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary, from such individual at the time of her death or, if such individual had a period of disability which did not end prior to the month in which she died, at the time such period began or at the time of her death, and filed proof of such support within two years after the date of such death, or, if she had such a period of disability, within two years after the month in which she filed application with respect to such period of disability or two years after the date of such death, as the case may be, or (ii) was receiving at least one-half of his support, as determined in accordance with regulations prescribed by the Secretary, from such individual, and she was a currently insured individual, at the time she became entitled to old-age or disability insurance benefits or. if such individual had a period of disability which did not end prior to the month in which she became so entitled, at the time such period began or at the time she became entitled to such benefits, and filed proof of such support within two years after the month in which she became entitled to such benefits, or, if she had such a period of disability, within two years after the month in which she filed application with respect to such period of disability or two years after the month in which she became entitled to such benefits, as the case may be, and”. (f) Mother’s Insurance Benefits Section 202 (g) (1) (F) of such Act is amended by inserting 42 USC 402. “or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death” after “death”. (g) Parent’s Insurance Benefits Subparagraph (B) of section 202 (h) (1) of such Act is 42 USC 402. amended to read as follows: “(B) (i) was receiving at least one-half of his support from such individual at the time of such individual’s death or, if such individual had a period of disability which did not end prior to the month in which he died, at the time such period began or at the time of such death, and (ii) filed proof of such support within two years after the date of such death, or, if such individual had such a period of disability, within two years after the month in which such individual filed application with respect to such period of disability or two years after the date of such death, as the case may be,”. (h) Simultaneous Entitlement to Benefits Section 202 (k) of such Act is amended by inserting “or disability 42 USC 402. ” after “old-age” each time it appears therein. (i) Adjustment of Benefits of Female Beneficiaries (1) Subparagraph (B) of paragraph (5) of section 202 (q) 42 USC 402. of such Act is amended to read as follows: “(B) the number equal to the number of months for which the wife’s insurance benefit was reduced under such paragraph (2), but for which such benefit was subject to deductions under 42 USC 403. Post, pp. 1025, 1032. paragraph (1) or (2) of section 203 (b), under section 203 (c), or under section 222 (b),”. (2) Such paragraph is further amended by striking out the period at the end of subparagraph (C) and inserting in lieu thereof and”, by striking out “(A), (B), and (C)” in the material following subparagraph (C) and inserting in lieu thereof “(A), (B), (C), and (D)”, and by adding after subparagraph (C) the following new subparagraph: “(D) the number equal to the number of months for which such wife’s insurance benefit was reduced under such paragraph (2), but in or after which her entitlement to wife’s insurance benefits was terminated because her husband ceased to be under a disability, not including in such number of months any month after such termination in which she was entitled to wife’s insurance benefits.”. (3) Subparagraph (A) of paragraph (6) of such section 202 (q) is amended to read as follows: “(A) the number equal to the number of months for which such benefit was reduced under such paragraph, but for which such benefit was subject to deductions under section 203 (b) (1) or (2), under section 203 (c), or under section 222 (b),”. (4) Such paragraph is further amended by striking out “(A), (B), and (C)” in the material following subparagraph (C) and inserting in lieu thereof “(A), (B), (C), and (D)”, by redesignating subparagraph (C) as subparagraph (D), by inserting “and” at the end of subparagraph (B) and by adding after such subparagraph (B) the following new subparagraph: “(C) the number equal to the number of months for which such benefit was reduced under such paragraph, but in or after which her entitlement to wife’s insurance benefits was terminated because her husband ceased to be under a disability, not including in such number of months any month after such termination in which she was entitled to wife’s insurance benefits,”. (j) Deduction Provision Section 203 (c) of such Act is amended by inserting a comma 42 USC 403. and “based on the wages and self-employment income of an individual entitled to old-age insurance benefits,” after “child’s insurance benefit” the first time it appears therein. (k) Circumstances Under Which Deductions Not Required Section 203 (h) of such Act is amended to read as follows: “(h) “Circumstances Under Which Deductions Not Required In the case of any individual, deductions by reason of the provisions of subsection (b), (f), or (g) of this section, or the provisions of section 222 (b), shall, notwithstanding such Post, pp. 1025, 1032. provisions, be made from the benefits to which such individual is entitled only to the extent that such deductions reduce the total amount which would otherwise be paid, on the basis of the same wages and self-employment income, to such individual and the other individuals living in the same household.” (l) Currently Insured Individual Section 214 (b) of such Act is amended by striking out “or” 42 USC 414. immediately preceding “(3)” and by inserting “or (4) in the case of any individual entitled to disability insurance benefits, the quarter in which he most recently became entitled to disability insurance benefits,” immediately after “section,”. (m) Rounding of Benefits Section 215 (g) of such Act is amended by striking out “sections 42 USC 415. 203 (a) and 224” and inserting in lieu thereof “section 203 (a)”. (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).” (o) Suspension of Benefits Based on Disability Section 225 of such Act is amended by adding at the end thereof 42 USC 425. the following new sentence: “Whenever the benefits of an individual entitled to a disability insurance benefit are suspended for any month, the benefits of any individual entitled thereto under subsection (b), (c), or (d) of section 202, on the basis of the wages and self-employment 42 USC 402. income of such individual, shall be suspended for such month.”

3. 1965

   Social Security Amendments of 1965

   Pub. L. 89–97 title III § 306(c)(15) · 79 Stat. 288

   Inserted · 42 U.S.C. § 425

   Pub. L. 89–97 inserted “The first sentence of this section shall not apply to any child entitled to benefits under section 402(d) of this title, if he has attained the age of 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 402(d) of this title).”

   Source evidence

   Code amendment note
   Pub. L. 89–97 inserted “The first sentence of this section shall not apply to any child entitled to benefits under section 402(d) of this title, if he has attained the age of 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 402(d) of this title).”

   Enacted provision · exact public law section
   (15) Section 225 of such Act is amended by adding at the end 70 Stat. 817. 42 USC 425. thereof the following new sentence: “The first sentence of this section shall not apply to any child entitled to benefits under section 202(d), if he has attained the age of 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)).”

4. 1968

   Social Security Amendments of 1967

   Pub. L. 90–248 title I · 81 Stat. 821

   1. Inserted · 42 U.S.C. § 425

      Pub. L. 90–248 in first sentence inserted “or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under section 402(e) of this title, or that a widower who has not attained age 62 and is entitled to benefits under section 402(f) of this title,” after “section 402(d) of this title,”

   2. Substituted · 42 U.S.C. § 425

      Pub. L. 90–248 in first sentence substituted “402(d), 402(e), 402(f), or 423” for “423 or 402(d)”

   3. Substituted · 42 U.S.C. § 425

      Pub. L. 90–248 in first sentence substituted in third sentence reference to “423(d)” for “423(c)(2)”

   Source evidence

   Code amendment note
   Pub. L. 90–248 in first sentence inserted “or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under section 402(e) of this title, or that a widower who has not attained age 62 and is entitled to benefits under section 402(f) of this title,” after “section 402(d) of this title,” and substituted “402(d), 402(e), 402(f), or 423” for “423 or 402(d)”, and substituted in third sentence reference to “423(d)” for “423(c)(2)”.

   Enacted provision · exact public law
   TITLE I— OLD-AGE, SURVIVORS, DISABILITY, AND HEALTH INSURANCE Part 1— Benefits Under the Old-Age, Survivors, and Disability Insurance Program Sec. 101. increase in old-age, survivors, and disability insurance benefits (a) Section 215(a) of the Social Security Act is amended by striking out the table and inserting in lieu thereof the following: “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than—     $15. 60    $48. 00    ......................................... $74    $55. 00    $82. 50            or less                    $15. 61    16. 20    49. 00    $75    76    55. 40    83. 10    16. 21    16. 84    50. 00    77    78    56. 50    84. 80    16. 85    17. 60    51. 00    79    80    57. 70    86. 60    17. 61    18. 40    52. 00    81    81    58. 80    88. 20    18. 41    19. 24    53. 00    82    S3    59. 90    89. 90    19. 25    20. 00    54. 00    84    85    61. 10    91. 70    20. 01    20. 64    55. 00    86    87    62. 20    93. 30    20. 65    21. 28    56. 00    88    89    63. 30    95. 00    21. 29    21. 88    57. 00    90    90    64. 50    90. 80    21. 89    22. 28    58. 00    91    92    65. 60    98. 40    22. 29    22. 68    50. 00    93    94    66. 70    100. 10    22. 69    23. 08    60. 00    95    96    67. 80    101. 70    23. 09    23. 44    61. 00    97    97    69. 00    103. 50    23. 45    23. 76    62. 10    98    99    70. 20    105. 30    23. 77    24. 20    63. 20    100    101    71. 50    107. 30    24. 21    24. 60    64. 20    102    102    72. 60    108. 90    24. 61    25. 00    65. 30    103    104    73. 80    110. 70    25. 01    25. 48    66. 40    105    106    75. 10    112. 70    25. 49    25. 92    67. 50    107    107    76. 30    114. 50    25. 93    28. 40    68. 50    108    109    77. 50    116. 30    26. 41    26. 94    69. 60    110    113    78. 70    118. 10    26. 95    27. 46    70. 70    114    118    79. 90    119. 90    27. 47    28. 00    71. 70    119    122    81. 10    121. 70    28. 01    28. 68    72. 80    123    127    82. 30    123. 50    “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than— $28. 69    $29. 25    $73. 90    $128    $132    $83. 60    $125. 40    29. 26    29. 68    74. 90    133    136    84. 70    127. 10    29. 69    30. 36    76. 00    137    141    85. 90    128. 90    30. 37    30. 92    77. 10    142    146    87. 20    130. 80    30. 93    31. 36    78. 20    147    150    88. 40    132. 60    31. 37    32. 00    79. 20    151    155    89. 50    134. 30    32. 01    32. 60    80. 30    156    160    90. 80    136. 20    32. 61    33. 20    81. 40    161    164    92. 00    138. 00    33. 21    33. 88    82. 40    165    169    93. 20    139. 80    33. 88    34. 50    83. 50    170    174    94. 40    141. 60    34. 31    35. 00    84. 60    175    178    95. 60    143. 40    35. 01    35. 80    85. 60    179    183    90. 80    146. 40    35. 81    36. 40    86. 70    184    188    98. 00    150. 40    36. 41    37. 08    87. 80    189    193    99. 30    154. 40    37. 09    37. 60    88. 90    194    197    100. 50    157. 60    37. 61    38. 20    89. 90    198    202    101. 60    161. 60    38. 21    39. 12    91. 00    203    207    102. 90    165. 60    39. 13    39. 68    92. 10    208    211    104. 10    168. 80    39. 69    40. 33    93. 10    212    216    105. 20    172. 80    40. 34    41. 12    94. 20    217    221    106. 50    176. 80    41. 13    41. 76    96. 30    222    225    107. 70    180. 00    41. 77    42. 44    96. 30    226    230    108. 90    184. 00    42. 45    43. 20    97. 40    231    235    110. 10    188. 00    43. 21    43. 76    98. 50    236    239    111. 40    191. 20    43. 77    44. 44    99. 60    240    244    112. 60    195. 20    44. 45    44. 88    100 60    245    249    113. 70    199. 20    44. 89    45. 60    101. 70    250    253    115. 00    202. 40            102. 80    254    258    116. 20    206. 40            103. 80    259    263    117. 30    210. 40            104. 90    264    267    118. 60    213. 60            106. 00    268    272    119. 80    217. 60            107. 00    273    277    121. 00    221. 60            108. 10    278    281    122. 20    224. 80            109. 20    282    286    123. 40    228. 80            110. 30    287    291    124. 70    232. 80            111. 30    292    295    125. 80    236. 00            112. 40    296    300    127. 10    240. 00            113. 50    301    305    128. 30    244. 00            114. 50    306    309    129. 40    247. 20            115. 60    310    314    130. 70    251. 20            116. 70    315    319    131. 90    255. 20            117. 70    320    323    133. 00    258. 40            118. 80    324    328    134. 30    262. 40            110. 90    329    333    135. 50    266. 40            121. 00    334    337    136. 80    269. 60            122. 00    338    342    137. 90    273. 00            123. 10    343    347    139. 10    277. 60            124. 20    348    351    140. 40    280. 80            125. 20    352    356    141. 50    284. 80            126. 30    357    361    142. 80    288. 80            127. 40    362    365    144. 00    292. 00            128. 40    366    370    145. 10    296. 00            129. 50    371    375    146. 40    300. 00            130. 60    376    379    147. 60    303. 20            131. 70    380    384    148. 90    307. 20            132. 70    385    389    150. 00    311. 20            133. 80    390    393    151. 20    314. 40            134. 90    394    398    152. 50    318. 40            135. 90    399    403    153. 60    322. 40            137. 00    404    407    154. 90    325. 60            138. 00    408    412    156. 00    329. 60            139. 00    413    417    157. 10    333. 60            140. 00    418    421    158. 20    336. 80            141. 00    422    426    159. 40    340. 80            142. 00    427    431    160. 50    344. 80            143. 00    432    436    161. 60    348. 80            144. 00    437    440    162. 80    350. 40            145. 00    441    445    163. 90    352. 40            146. 00    446    450    165. 00    354. 40            147. 00    451    454    166. 20    356. 00            148. 00    455    459    167. 30    358. 00            149. 00    460    464    168. 40    360. 00            150. 00    465    468    169. 50    361. 60            151. 00    469    473    170. 70    363. 60    “I II III IV V (Primary insurance benefit under 1939 Act, as modified) (Primary insurance amount under 1965 Act) (Average monthly wage) (Primary insurance amount) (Maximum family benefits) If an individual’s primary insurance benefit (as determined under subsec. (d)) is— Or his primary insurance amount as determined under subsec. (c))is— Or his average monthly wage (as determined under subsec. (b)) is— The amount referred to in the preceding paragraphs of this subsection shall be— And the maximum amount of benefits payable (as provided in sec. 203(a)) on the basis of his wages and self-employment income shall be— At least— But not more than— At least— But not more than—         $152. 00    $474    $478    $171. 80    $365. 60            163. 00    479    482    172. 90    367. 20            154. 00    483    487    174. 10    369. 20            155. 00    488    492    175. 20    371. 20            156. 00    493    496    176. 30    372. 80            157. 00    497    501    177. 50    374. 80            158. 00    502    506    178. 60    376. 80            159. 00    507    510    179. 70    378. 40            160. 00    511    515    180. 80    380. 40            161. 00    516    520    182. 00    382. 40            162. 00    521    524    183. 10    384. 00            163. 00    525    529    184. 20    386. 00            164. 00    530    534    185. 40    388. 00            165. 00    535    538    186. 50    389. 60            166. 00    539    543    187. 60    391. 60            167. 00    544    548    188. 80    393. 60            168. 00    549    553    189. 90    395. 60                554    556    191. 00    396. 80                557    560    192. 00    398. 40                561    563    193. 00    399. 60                564    567    194. 00    401. 20                568    570    195. 00    402. 40                571    574    196. 00    404. 00                575    577    197. 00    405. 20                578    581    198. 00    406. 80                582    584    199. 00    408. 00                585    588    200. 00    400. 60                589    591    301. 00    410. 80                592    595    202. 00    412. 40                596    598    203. 00    413. 60                599    602    204. 00    415. 20                603    605    205. 00    416. 40                606    609    206. 00    418. 00                610    612    207. 00    419. 20                613    616    208. 00    420. 80                617    620    209. 00    422. 40                621    623    210. 00    423. 60                624    627    211. 00    425. 20                628    630    212. 00    426. 40                631    634    213. 00    428. 00                635    637    214. 00    429. 20                638    641    215. 00    430. 80                642    644    216. 00    432. 00                645    648    217. 00    433. 60                649    650    218. 00    434. 40”.    (b) Section 203(a) of such Act is amended by striking out paragraph (2) and inserting in lieu thereof the following: “(2) when two or more persons were entitled (without the application of section 202(j)(1) and section 223(b)) to monthly 42 USC 402, 423. benefits under section 202 or 223 for the month of February 1968 on the basis of the wages and self-employment income of such insured individual, such total of benefits for such month or any subsequent month shall not be reduced to less than the larger of— “(A) the amount determined under this subsection without regard to this paragraph, or “(B) an amount equal to the sum of the amounts derived by multiplying the benefit amount determined under this title (including this subsection, but without the application of 42 USC 422; Post, pp. 830–832. section 222(b), section 202(q), and subsections (b), (c), and (d) of this section), as in effect prior to February 1968, for each such person for February 1968, by 113 percent and raising each such increased amount, if it is not a multiple of $0.10, to the next higher multiple of $0.10; but in any such case (i) paragraph (1) of this subsection shall 42 USC 403. not be applied to such total or benefits after the application of subparagraph (B), and (ii) if section 202(k)(2)(A) was applicable in the case of any such benefits for the month of February 1968, and ceases to apply after such month, the provisions of subparagraph (B) shall be applied, for and after the month in which section 202(k)(2)(A) ceases to apply, as though paragraph (1) had not been applicable to such total of benefits for February 1968, or”. (c) (1) Section 215(b)(4) of such Act is amended to read as 79 Stat. 364. 42 USC 415. follows: “(4) The provisions of this subsection shall be applicable only in the case of an individual— “(A) who becomes entitled, after January 1968, to benefits under section 202(a) or section 223; or 42 USC 402, 423. “(B) who dies after January 1968 without being entitled to benefits under section 202(a) or section 223; or “(C) whose primary insurance amount is required to be recomputed under subsection (f)(2).” Post, p. 865. (2) Section 215(b)(5) of such Act is repealed. Repeal. 79 Stat. 364. 42 USC 415. 79 Stat. 363. (d) Section 215(c) of such Act is amended to read as follows: “(c) “Primary Insurance Amount Under 1965 Act (1) For the purposes of column II of the table appearing in subsection (a) of this section, an individual’s primary insurance Ante, p. 824. amount shall be computed on the basis of the law in effect prior to the enactment of the Social Security Amendments of 1967. “(2) The provisions of this subsection shall be applicable only in the case of an individual who became entitled to benefits under section 202(a) or section 223 before the month of February 1968, or who died before such month.” (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for 42 USC 401–428; Post, p. 833. months after January 1968 and with respect to lump-sum death payments under such title in the case of deaths occurring after January 1968. (f) If an individual was entitled to a disability insurance benefit under section 223 of the Social Security Act for the month of January 1968 and became entitled to old-age insurance benefits under section 202(a) of such Act for the month of February 1968, or who died in such month, then, for purposes of section 215(a)(4) of the Social Security Act (if applicable) the amount in column IV of the table appearing in such section 215(a) for such individual shall be the Ante, p. 824. amount in such column on the line on which in column II appears his primary insurance amount (as determined under section 215(c) of such Act) instead of the amount in column IV equal to the primary Supra. insurance amount on which his disability insurance benefit is based. Sec. 102. increase in benefits for certain individuals age 72 and over (a) (1) Section 227(a) of the Social Security Act is 79 Stat. 379. 42 USC 427. amended by striking out “$35” and inserting in lieu thereof “$40”, and by striking out “$17.50” and inserting in lieu thereof “$20”. (2) Section 227(b) of such Act is amended by striking out in the second sentence “$35” and inserting in lieu thereof “$40”. (b) (1) Section 228 (b)(1) of such Act is amended by striking out 80 Stat. 67. 42 USC 428. “$35” and inserting in lieu thereof “$40”. (2) Section 228(b)(2) of such Act is amended by striking out “$35” and inserting in lieu thereof “$40”, and by striking out “$17.50” and inserting in lieu thereof “$20”. (3) Section 228(c)(2) of such Act is amended by striking out “$17.50” and inserting in lieu thereof “$20”. (4) Section 228(c)(3)(A) of such Act is amended by striking out “$35” and inserting in lieu thereof “$40”. (5) Section 228(c)(3)(B) of such Act is amended by striking out “$17.50” and inserting in lieu thereof “$20”. (c) The amendments made by subsections (a) and (b) shall apply with respect to monthly benefits under title II of the Social Security 42 USC 401–428; Post, p. 833. Act for months after January 1968. Sec. 103. maximum amount of a wife’s or husband’s insurance benefit (a) Section 202(b)(2) of the Social Security Act is amended to read as follows: “(2) Except as provided in subsection (q), such wife’s insurance benefit for each month shall be equal to whichever of the following is the smaller: (A) one-half of the primary insurance amount of her husband (or, in the case of a divorced wife, her former husband) for such month or (B) $105.” (b) Section 202(c)(3) of such Act is amended to read as follows: “(3) Except as provided in subsection (q), such husband’s insurance benefit for each month shall be equal to whichever of the following is the smaller: (A) one-half of the primary insurance amount of his wife for such month, or (B) $105.” (c) Section 202(e)(4) of such Act is amended by striking out “50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based” and inserting in lieu thereof “whichever of the following is the smaller: (A) one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based, or (B) $105”. (d) Section 202(f)(5) of such Act is amended by striking out “50 per centum of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based” and inserting in lieu thereof “whichever of the following is the smaller: (A) one-half of the primary insurance amount of the deceased individual on whose wages and self-employment income such benefit is based, or (B) $105”. (e) The amendments made by subsections (a), (b), (e). and (d) shall apply with respect to monthly benefits under title II of the Social Security Act for months after January 1968. Sec. 104. benefits to disabled widows and widowers (a) (1) Subparagraph (B) of section 202(e)(1) of the Social Security Act is amended to read as follows: “(B) (i) has attained age 60, or (ii) has attained age 50 but has not attained age 60 and is under a disability (as defined in section Post, p. 868. 223(d)) which began before the end of the period specified in Post, p. 829. paragraph (5),”. (2) So much of section 202(e)(1) of such Act as follows subparagraph (E) is amended to read as follows: “shall be entitled to a widow’s insurance benefit for each month, beginning with— “(F) if she satisfies subparagraph (B) by reason of clause (i) thereof, the first month in which she becomes so entitled to such insurance benefits, or “(G) if she satisfies subparagraph (B) by reason of clause (ii) thereof— “(i) the first month after her waiting period (as defined in paragraph (6)) in which she becomes so entitled to such Infra. insurance benefits, or “(ii) the first month during all of which she is under a disability and in which she becomes so entitled to such insurance benefits, but only if she was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period specified in paragraph (5) and (II) after the month in which a Infra. previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: she remarries, dies, becomes entitled to an old-age insurance benefit equal to or exceeding 82½ percent, of the primary insurance amount of such deceased individual, or, if she became entitled to such benefits before she attained age 60, the third month following the month in which her disability ceases (unless she attains age 62 on or before the last day of such third month).” (3) Section 202(e) of such Act is further amended by adding after 79 Stat. 403. 42 USC 402. paragraph (4) the following new paragraphs: “(5) The period referred to in paragraph (l)(B)(ii), in the case Ante, p. 828. of any widow or surviving divorced wife, is the period beginning with whichever of the following is the latest: “(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income her benefits are or would be based, or “(B) the last month for which she was entitled to mother’s insurance benefits on the basis of the wages and self-employment income of such individual, or “(C) the month in which a previous entitlement to widow’s insurance benefits on the basis of such wages and self-employment income terminated because her disability had ceased, and ending with the month before the month in which she attains age 60, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. “(6) The waiting period referred to in paragraph (1)(G), in the Supra. case of any widow or surviving divorced wife, is the earliest period of six consecutive calendar months— “(A) throughout which she has been under a disability, and “(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which her application is filed, or (ii) the first day of the sixth month before the month in which the period specified in paragraph (5) begins.” (b) (1) Subparagraph (B) of section 202(f)(1) of such Act is 64 Stat. 485; 75 Stat. 131. amended to read as follows: “(B) (i) has attained age 62, or (ii) has attained age 50 but has not attained age 62 and is under a disability (as defined in section 223(d)) which began before the end of the period specified Post, p. 868. Post, p. 830. in paragraph (6),”. (2) So much of section 202(f)(1) of such Act as follows subparagraph (E) is amended to read as follows: 64 Stat. 485; 71 Stat. 519. “shall be entitled to a widower’s insurance benefit for each month, beginning with— “(F) if he satisfies subparagraph (B) by reason of clause (i) Supra. thereof, the first month in which he becomes so entitled to such insurance benefits, or “(G) if he satisfies subparagraph (B) by reason of clause (ii) thereof— “(i) the first month after his waiting period (as defined in Infra. paragraph (7)) in which he becomes so entitled to such insurance benefits, or “(ii) the first month during all of which he is under a disability and in which he becomes so entitled to such insurance benefits, but only if he was previously entitled to insurance benefits under this subsection on the basis of being under a disability and such first month occurs (I) in the period Intra. specified in paragraph (6) and (II) after the month in which a previous entitlement to such benefits on such basis terminated, and ending with the month preceding the first month in which any of the following occurs: he remarries, dies, or becomes entitled to an old-age insurance benefit equal to or exceeding 82% percent of the primary insurance amount of his deceased wife, or the third month following the month in which his disability ceases (unless he attains age 62 on or before the last day of such third month).” (3) Section 202(f)(3) of such Act is amended by inserting “subsection (q) and” after “provided in”. (4) Section 202(f) of such Act is further amended by adding after paragraph (5) the following new paragraphs: “(6) The period referred to in paragraph (1)(B)(ii), in the case of any widower, is the period beginning with whichever of the following is the latest: “(A) the month in which occurred the death of the fully insured individual referred to in paragraph (1) on whose wages and self-employment income his benefits are or would be based, or “(B) the month in which a previous entitlement to widower’s insurance benefits on the basis of such wages and self-employment income terminated because his disability had ceased, and ending with the month before the month in which he attains age 62, or, if earlier, with the close of the eighty-fourth month following the month with which such period began. “(7) The waiting period referred to in paragraph (1)(G), in the case of any widower, is the earliest period of six consecutive calendar months— “(A) throughout which he has been under a disability, and “(B) which begins not earlier than with whichever of the following is the later: (i) the first day of the eighteenth month before the month in which his application is filed, or (ii) the first day of the sixth month before the month in which the period Supra. 79 Stat. 368. specified in paragraph (6) begins.” (c) (1) The heading of section 202(q) of such Act is amended to read as follows: “Reduction of Benefit Amounts for Certain Beneficiaries” (2) So much of section 202(q)(1) of such Act as precedes subparagraph (A) is amended by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”. (3) Subparagraph (A) of section 202(q)(1) of such Act is amended by striking out “or widow’s” and inserting in lieu thereof “, widow’s, or widower’s”. (4) Section 202 (q)(1) of such Act is amended by adding at the end thereof the following: “A widow’s or widower’s insurance benefit reduced pursuant to the preceding sentence shall be further reduced by— “(C) 43/198 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)), if such benefit is for a month before the month in which such individual attains retirement age, or “(ii) the number of months in the additional adjusted reduction period for such benefit (determined under paragraph (7)), Post, p. 832 if such benefit is for the month in which such individual attains retirement age or for any month thereafter.” (5) Section 202(q)(3)(A) of such Act is amended— 75 Stat. 132; 79 Stat. 368, 374. 42 USC 402. (A) by striking out “or widow’s” each place it appears and inserting in lieu thereof “widow’s, or widower’s”; (B) by striking out “a widow’s” and inserting in lieu thereof “a widow’s or widower’s”; and (C) by striking out “60” and inserting in lieu thereof “50”. (6) Section 202(q)(3)(C) of such Act is amended by striking out 79 Stat. 369. “or widow’s” each time it appears and inserting in lieu thereof “widow’s, or widower’s”. (7) Section 202(q)(3)(D) of such Act is amended by striking out 75 Stat. 132; 79 Stat. 368, 374. “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”. (8) Section 202(q)(3)(E) of such Act is amended— 79 Stat. 374. (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” each place it appears and inserting in lieu thereof “widow’s or widower’s”; and (C) by striking out “she” and inserting in lieu thereof “she or he”. (9) Section 202(q)(3)(F) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” each place it appears and inserting in lieu thereof “widow’s or widowers”; and (C) by striking out “she” and inserting in lieu thereof “she or he”. (10) Section 202(q)(3)(G) of such Act is amended— (A) by striking out “(or would, but for subsection (e)(1), be)” and inserting in lieu thereof “(or would, but for subsection (e)(1) in the case of a widow or surviving divorced wife or subsection (f)(1) in the case of a widower, be)”; (B) by striking out “widow’s” and inserting in lieu thereof “widow’s or widower’s”; and (C) by striking out “he” and inserting in lieu thereof “she or he”. (11) Section 202(q)(6) of such Act is amended to read as follows: 75 Stat. 138; 79 Stat. 368. “Reduction period.” “(6) For the purposes of this subsection— “(A) the ‘reduction period’ for an individual’s old-age, wife’s, husband’s, widow’s, or widower’s insurance benefit is the period— “(i) beginning— “(I) in the case of an old-age or husband’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit, or “(II) in the case of a wife’s insurance benefit, with the first day of the first month for which a certificate described in paragraph (5)(A)(i) is effective, or “(III) in the case of a widow’s or widower’s insurance benefit, with the first day of the first month for which such individual is entitled to such benefit or the first day of the month in which such individual attains age 60, whichever is the later, and “(ii) ending with the last day of the month before the month in which such individual attains retirement age; and “(B) the ‘additional reduction period’ for an individual’s widow’s or widower’s insurance benefit is the period— “(i) beginning with the first day of the first month for which such individual is entitled to such benefit, but only if such individual has not attained age 60 in such first month, and “(ii) ending with the last day of the month before the month in which such individual attains age 60.” (12) Section 202(q)(7) of such Act is amended— (A) by inserting “or ‘additional adjusted reduction period’” after “the ‘adjusted reduction period’ (B) by striking out “or widow’s” and inserting in lieu thereof “widow’s, or widower’s”; (C) by inserting “or additional reduction period (as the case may be)” after “the reduction period”; and (D) by striking out “widow’s” in subparagraph (E) and inserting in lieu thereof “widow’s or widower’s”, by striking out “she” each place it appears in such subparagraph and inserting in lieu thereof “she or he”, and by striking out “her” in such subparagraph and inserting in lieu thereof “her or his”. (13) Section 202(g)(9) of such Act is amended by striking out “widow’s” and inserting in lieu thereof “widow’s or widower’s”. (d) (1) (A) The third sentence of section 203(c) of such Act is amended by striking out “or any subsequent month” and inserting in lieu thereof “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 62 (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 62” (B) The third sentence of section 203(f)(1) of such Act is amended by striking out “or (D)” and inserting m lieu thereof the following: “(D) for which such individual is entitled to widow’s insurance benefits and has not attained age 62 (but only if she became so entitled prior to attaining age 60) or widower’s insurance benefits and has not attained age 62, or (E)”. (C) Section 203(f)(2) of such Act is amended by striking out “and (D)” and inserting in lieu thereof “(D), and (E)”. (D) Section 203(f)(4) of such Act is amended by striking out “(D)” and inserting in lieu thereof “(E)”. (2) Section 216(1)(1) of such Act is amended by inserting “202(e), 202(f),” after “202(d),”. (3) (A) Section 222(a) of such Act is amended by inserting “widow’s insurance benefits, or widower’s insurance benefits,” after “benefits,”. (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”. (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,”. (5) (A) The first sentence of section 225 of such Act is amended 70 Stat. 817. 42 USC 425. by inserting after “under section 202(d),” the following: “or that a widow or surviving divorced wife who has not attained age 60 and is entitled to benefits under section 202(e), or that a widower who has not attained age 62 and is entitled to benefits under section 202(f),”. (B) The first sentence of section 225 of such Act is further amended by striking out “223 or 202(d)” and inserting in lieu thereof “202(d). 202(e),202(f),or 223”. (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for and after the month of February 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted. Sec. 105. insured status for younger disabled workers (a) Subparagraph (B)(ii) of section 216(i)(3) of the Social Security Act is amended by striking out “and he is under a 79 Stat. 412. 42 USC 416. disability by reason of blindness (as defined in paragraph (1))”. (b) Subparagraph (B)(ii) of section 223(c)(1) of such Act is 79 Stat. 413. 42 USC 423. amended by striking out “before he attains” and inserting in lieu thereof “before the quarter in which he attains”, and by striking out “and he is under a disability by reason of blindness (as defined in section 216(i)(1))”. (c) The amendment made by subsection (a) shall apply only with respect to applications for disability determinations filed under section 216(i) or the Social Security Act in or after the month in which this Act is enacted. The amendments made by subsection (b) shall apply with respect to monthly benefits under title II of such Act for months after January 1968, but only on the basis of applications for such benefits filed in or after the month in which this Act is enacted. Sec. 106. benefits in case of members of the uniformed services Title II of the Social Security Act is amended by adding 53 Stat. 1362; 80 Stat. 67. 42 USC 401–428. at the end thereof the following new section: “Sec. 229. “benefits in case of members of the uniformed services (a) For purposes of determining entitlement to and the amount of any monthly benefit for any month after December 1967, or entitlement to and the amount of any lump-sum death payment in 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 (i)(3), such individual shall be deemed to have been paid, in each calendar quarter occurring after 1967 in which he was paid wages for service as a member of a uniformed service (as defined in section 210(m)) which was included in the term ‘employment’ as defined in section 210(a) as a result of the provisions or sec-tion 210(1), wages (in addition to the wages actually paid to him for such service) of— “(1) $100 if the wages actually paid to him in such quarter for such services were $100 or less, “(2) $200 if the wages actually paid to him in such quarter for such services were more than $100 but not more than $200, or “(3) $300 in any other case. “(b) There are authorized to be appropriated to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, and the Federal Hospital Insurance Trust Fund 42 USC 401 et seq., 1395c–1395i. annually, as benefits under this title and part A of title XVIII are paid after December 1967, such sums as the Secretary determines to be necessary to meet (1) the additional costs, resulting from subsection (a), of such benefits (including lump-sum death payments), (2) the additional administrative expenses resulting therefrom, and (3) any loss in interest to such trust funds resulting from the payment of such amounts. Such additional costs shall be determined after any increases in such benefits arising from the application of section 217 have been made.” Sec. 107. liberalization of earnings test (a) (1) Paragraphs (1), (3), and (4)(B) of section 203(f) of the Social Security Act are each amended by striking out “$125” and inserting in lieu thereof “$140”. (2) Paragraph (1)(A) of section 203(h) of such Act is amended by striking out “$125” and inserting in lieu thereof “$140”. (b) The amendments made by subsection (a) shall apply with respect to taxable years ending after December 1967. Sec. 108. increase of earnings counted for benefit and tax purposes (a) (1) (A) Section 209(a)(4) of the Social Security Act is amended by inserting “and prior to 1968” after “1965”. (B) Section 209(a) of such Act is further amended by adding at the end thereof the following new paragraph: “(5) That part of remuneration which, after remuneration (other than remuneration referred to in the succeeding subsections of this section) equal to $7,800 with respect to employment has been paid to an individual during any calendar year after 1967, is paid to such individual during such calendar year;”. (2) (A) Section 211 (b)(1)(D) of such Act is amended by inserting “and prior to 1968” after “1965”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 211(b)(1) of such Act is further amended by adding at the end thereof the following new subparagraph: “(E) For any taxable year ending after 1967, (i) $7,800, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (3) (A) Section 213(a)(2)(ii) of such Act is amended by striking out “after 1965” and inserting in lieu thereof “after 1965 and before 1968, or $7,800 in the case of a calendar year after 1967”. (B) Section 213(a)(2)(iii) of such Act is amended by striking out “after 1965” and inserting in lieu thereof “after 1965 and before 1968, or $7,800 in the case of a taxable year ending after 1967”. (4) Section 215(e)(1) of such Act is amended by striking out “and the excess over $6,600 in the case of any calendar year after 1965” and inserting in lieu thereof “the excess over $6,600 in the case of any calendar year after 1965 and before 1968, and the excess over $7,800 in the case of any calendar year after 1967”. (b) (1) (A) Section 1402(b)(1)(D) of the Internal Revenue Code of 1954 (relating to definition of self-employment income) is amended 79 Stat. 393. by inserting “and before 1968” after “1965”, and by striking out “; or” and inserting in lieu thereof “; and”. (B) Section 1402 (b)(1) of such Code is further amended by adding 68 Stat. 1088; 79 Stat. 393. at the end thereof the following new subparagraph: “(E) for any taxable year ending after 1967, (i) $7,800, minus (ii) the amount of the wages paid to such individual during the taxable year; or”. (2) Section 3121(a)(1) of such Code (relating to definition of wages) is amended by striking out “$6,600” each place it appears and 79 Stat. 393. inserting in lieu thereof “$7,800”. (3) The second sentence of section 3122 of such Code (relating to Federal service) is amended by striking out “$6,600” and inserting in lieu thereof “$7,800”. (4) Section 3125 of such Code (relating to returns in the case of governmental employees in Guam, American Samoa, and the District of Columbia) is amended by striking out “$6,600” each place it appears and inserting in lieu thereof “$7,800”. (5) Section 6413 (c)(1) of such Code (relating to special refunds of employment taxes) is amended— 79 Stat. 393, 394. (A) by inserting “and prior to the calendar year 1968” after “the calendar year 1965”; (B) by inserting after “exceed $6,600,” the following: “or (D) during any calendar year after the calendar year 1967, the wages received by him during such year exceed $7,800,”; and (C) by inserting before the period at the end thereof the following: “and before 1968, or which exceeds the tax with respect to the first $7,800 of such wages received in such calendar year after 1967”. (6) Section 6413(c)(2)(A) of such Code (relating to refunds of employment taxes in the case of Federal employees) is amended by striking out “or $6,600 for any calendar year after 1965” and inserting in lieu thereof “$6,600 for the calendar year 1966 or 1967, or $7,800 for any calendar year after 1967”. (c) The amendments made by subsections (a)(1) and (a)(3)(A), and the amendments made by subsection (b)(except paragraph (1) thereof), shall apply only with respect to remuneration paid after December 1967. The amendments made by subsections (a)(2), (a)(3)(B), and (b)(1) shall apply only with respect to taxable years ending after 1967. The amendment made by subsection (a)(4) shall apply only with respect to calendar years after 1967. Sec. 109. changes in tax schedules (a) (1) Section 1401(a) of the Internal Revenue Code of 1954 (relating to rate of tax on self-employment income for purposes of old-age, survivors, and disability insurance) is amended by striking 79 Stat. 394. out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) in the case of any taxable year beginning after December 31, 1967, and before January 1, 1969, the tax shall be equal to 5.8 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1968, and before January 1, 1971, the tax shall be equal to 6.3 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, 1970, and before January 1, 1973, the tax shall be equal to 6.9 percent of the amount of the self-employment income for such taxable year; and “(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 by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) with respect to wages received during the calendar year 1968, the rate shall be 3.8 percent; “(2) with respect to wages received during the calendar years 1969 and 1970, the rate shall be 4.2 percent; “(3) with respect to wages received during the calendar years 1971 and 1972, the rate shall be 4.6 percent; and “(4) with respect to wages received after December 31, 1972, the rate shall be 5.0 percent.” (3) Section 3111(a) of such Code (relating to rate of tax on employers for purposes of old-age, survivors, and disability insurance) is amended by striking out paragraphs (1), (2), (3), and (4) and inserting in lieu thereof the following: “(1) with respect to wages paid during the calendar year 1968, the rate shall be 3.8 percent; “(2) with respect to wages paid during the calendar years 1969 and 1970, the rate shall be 4.2 percent; “(3) with respect to wages paid during the calendar years 1971 and 1972, the rate shall be 4.6 percent; and “(4) with respect to wages paid after December 31, 1972, the rate shall be 5.0 percent.” (b) (1) Section 1401(b) of such Code (relating to rate of tax on self-employment income for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) in the case of any taxable year beginning after December 31, 1967, and before January 1, 1973, the tax shall be equal to 0.60 percent of the amount of the self-employment income for such taxable year; “(2) in the case of any taxable year beginning after December 31, 1972, and before January 1, 1976, the tax shall be equal to 0.65 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, 1975, and before January 1, 1980, the tax shall be equal to 0.70 percent of the amount of the self-employment income for such taxable year; “(4) in the case of any taxable year beginning after December 31, 1979, and before January 1, 1987, the tax shall be equal to 0.80 percent of the amount of the self-employment income for such taxable year; and “(5) in the case of any taxable year beginning after December 31, 1986, the tax shall be equal to 0.90 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 employees for purposes of hospital insurance) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) with respect to wages received during the calendar years 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.60 percent; “(2) with respect to wages received during the calendar years 1973, 1974, and 1975, the rate shall be 0.65 percent; “(3) with respect to wages received during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.70 percent; “(4) with respect to wages received during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.80 percent; and “(5) with respect to wages received after December 31, 1986, the rate shall be 0.90 percent.” (3) Section 3111(b) of such Code (relating to rate of tax on employers for purposes of hospital insurance) is amended by striking 79 Stat. 396. out paragraphs (1) through (6) and inserting in lieu thereof the following: “(1) with respect to wages paid during the calendar years 1968, 1969, 1970, 1971, and 1972, the rate shall be 0.60 percent; “(2) with respect to wages paid during the calendar years 1973, 1974, and 1975, the rate shall be 0.65 percent; “(3) with respect to wages paid during the calendar years 1976, 1977, 1978, and 1979, the rate shall be 0.70 percent; “(4) with respect to wages paid during the calendar years 1980, 1981, 1982, 1983, 1984, 1985, and 1986, the rate shall be 0.80 percent; and “(5) with respect to wages paid after December 31, 1986, the rate shall be 0.90 percent.” (c) The amendments made by subsections (a)(1) and (b)(1) shall apply only with respect to taxable years beginning after December 31, 1967. The remaining amendments made by this section shall apply only with respect to remuneration paid after December 31, 1967. Sec. 110. allocation to disability insurance trust fund (a) Section 201(b)(1) of the Social Security Act is 70 Stat. 819; 79 Stat. 370. 42 USC 401. amended— (1) by inserting “(A)”after “(1)”; (2) by striking out “1954, and” and inserting in lieu thereof “1954, (B)”; (3) by inserting “and before January 1, 1968,” after “December 31, 1965,”; and (4) by inserting after “so reported,” the following: “and (C) 0.95 of 1 per centum of the wages (as so defined) paid after December 31, 1967, and so reported,”. (b) Section 201 (b)(2) of such Act is amended— (1) by inserting“(A)” after “(2)”; (2) by striking out “1966, and” and inserting in lieu thereof “1966, (B)”;and (3) by inserting after “December 31, 1965,” the following: “and before January 1, 1968, and (C) 0.7125 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1967,”. Sec. 111. extension of time for filing application for disability freeze where failure to make timely application is due to incompetency (a) Section 216(i)(2) of the Social Security Act is 79 Stat. 367, 400. 42 USC 416. amended (1) by striking out “No” in subparagraph (E) and inserting in lieu thereof “Except as is otherwise provided in subparagraph (F), no”, (2) by redesignating subparagraph (F) as subparagraph (G), and (3) by adding after subparagraph (E) the following new subparagraph: “(F) An application for a disability determination which is filed more than 12 months after the month prescribed by subparagraph 79 Stat. 367. 42 USC 416. (D) as the month in which the period of disability ends (determined without regard to subparagraphs (B) and (E)) shall be accepted as an application for purposes of this paragraph if— “(i) in the case of an application filed by or on behalf of an individual with respect to a disability which ends after the month in which the Social Security Amendments of 1967 is enacted, such application is filed not more than 36 months after the month in which such disability ended, such individual is alive at the time the application is filed, and the Secretary finds in accordance with regulations prescribed by him that the failure of such individual to file an application for a disability determination within the time specified in subparagraph (E) was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application, and “(ii) in the case of an application filed by or on behalf of an individual with respect to a period of disability which ends in or before the month in which the Social Security Amendments of 1967 is enacted, “(I) such application is filed not more than 12 months after the month in which the Social Security Amendments of 1967 is enacted, “(II) a previous application for a disability determination has been filed by or on behalf of such individual (1) in or before the month in which the Social Security Amendments of 1967 is enacted, and (2) not more than 36 months after the month in which his disability ended, and “(III) the Secretary finds in accordance with regulations prescribed by him, that the failure of such individual to file an application within the then specified time period was attributable to a physical or mental condition of such individual which rendered him incapable of executing such an application. In making a determination under this subsection, with respect to the disability or period of disability of any individual whose application for a determination thereof is accepted solely by reason of the provisions of this subparagraph (F), the provisions of this subsection (other than the provisions of this subparagraph) shall be applied as such provisions are in effect at the time such determination is made.” (b) No monthly insurance benefits under title II of the Social Security Act shall be payable or increased for any month before the month in which this Act is enacted by reason of amendments made by subsection (a). Sec. 112. benefits for certain adopted children (a) Section 202(d)(8) of the Social Security Act (as redesignated by section 151(c) of this Act) is amended— (1) by striking out the period at the end of subparagraph (D), and inserting in lieu of such period “; or”, and (2) by adding after and below subparagraph (D) the following new subparagraph: “(E) was legally adopted by such individual— “(i) in an adoption which took place under the supervision of a public or private child-placement agency, “(ii) in an adoption decreed by a court of competent jurisdiction within the United States, “(iii) on a date immediately preceding which such individual had continuously resided for not less than one year within the United States; “(iv) at a time prior to the attainment of age 18 by such child.” (b) The amendments made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after January 1968, but only on the basis of 42 USC 401–428; Ante, p. 833. applications filed after the date of enactment of this Act. Part 2— Coverage Under the Old-Age, Survivors, and Disability Insurance Program Sec. 115. coverage of ministers (a) The last sentence of section 211(c) of the Social Security Act is amended to read as follows: “The provisions of paragraph 79 Stat. 380. 42 USC 411. (4) or (5) shall not apply to service (other than service performed by it member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under section 1402(e) of the Internal Revenue Code of 1954 is Infra. effective with respect to him.” (b) (1) The last sentence of section 1402(c) of the Internal Revenue Code of 1954 (relating to definition of trade or business) is 79 Stat. 381. amended to read as follows: “The provisions of paragraph (4) or (5) shall not apply to service (other than service performed by a member of a religious order who has taken a vow of poverty as a member of such order) performed by an individual unless an exemption under subsection (e) is effective with respect to him.” (2) Section 1402(e) of such Code (relating to ministers, members of religious orders, and Christian Science practitioners) is amended to 68 Stat. 1088. read as follows: “(e) Ministers, Members of Religious Orders, and Christian Science Practitioners.— “(1) Exemption.— Any individual who is (A) a duly ordained, commissioned, or licensed minister of a church or a member of a religious order (other than a member of a religious order who has taken a vow of poverty as a member of such order) or (B) a Christian Science practitioner, upon filing an application (in such form and manner, and with such official, as may be prescribed by regulations made under this chapter) together with a statement 26 USC 1401–1403. that either he is conscientiously opposed to, or because of religious principles he is opposed to, the acceptance (with respect to services performed by him as such minister, member, or practitioner) of any public insurance which makes payments in the event of death, disability, old age, or retirement or makes payments toward the cost of, or provides services for, medical care (including the benefits of any insurance system established by the Social Security Act), shall receive an exemption from the tax imposed by 42 USC 1305. this chapter with respect to services performed by him as such minister, member, or practitioner. Notwithstanding the preceding sentence, an exemption may not be granted to an individual under this subsection if be had filed an effective waiver certificate under this section as it was in effect before its amendment in 1967. “(2) Time for filing application.— Any individual who desires to file an application pursuant to paragraph (1) must file such application on or before whichever of the following dates is later: (A) the due date of the return (including any extension thereof) for the second taxable year for which he has net earn-ings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5); or (B) the due date of the return (including any extension thereof) for his second taxable year ending after 1967. “(3) Effective date of exemption.— An exemption received by an individual pursuant to this subsection shall be effective for the first taxable year for which he has net earnings from self-employment (computed without regard to subsections (c)(4) and (c)(5)) of $400 or more, any part of which was derived from the performance of service described in subsection (c)(4) or (c)(5), and for all succeeding taxable years. An exemption received pursuant to this subsection shall be irrevocable.” (c) The amendments made by subsections (a) and (b) shall apply only with respect to taxable years ending after 1967. Sec. 116. coverage of state and local employees (a) Section 218(d)(6)(D) of the Social Security Act is amended by inserting “(i)” after “(D)”, and by adding at the end thereof the following: “(ii) Notwithstanding clause (i), the State may, pursuant to subsection (c)(4)(B) and subject to the conditions of continuation or termination of coverage provided for in subsection (c)(7), modify its agreement under this section to include services performed by all individuals described in clause (i) other than those individuals to whose services the agreement already applies. Such individuals shall be deemed (on and after the effective date of the modification) to be in positions covered by the separate retirement system consisting of the positions of members of the division or part who desire coverage under the insurance system established under this title.” (b) (1) (A) Section 218(c)(3) of such Act is amended by striking out subparagraph (A), and by redesignating subparagraphs (B) and (C) as subparagraphs (A) and (B). respectively. (B) Paragraphs (4) and (7) of section 218(c) of such Act, and paragraph (5)(B) of section 218(d) of such Act, are each amended by striking out “paragraph (3)(C)” wherever it appears and inserting in lieu thereof “paragraph (3)(B)”. (C) Paragraph (4)(C) of section 218(d) of such Act is amended by striking out “subsection (c)(3)(C)” and inserting in lieu thereof “subsection (c)(3)(B)”. (2) Section 218(c)(6) of such Act is amended— (A) by striking out “and” at the end of subparagraph (C); (B) by striking out the period at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding at the end thereof the following new subparagraph: “(E) service performed by an individual as an employee serving on a temporary basis in case of fire, storm, snow, earthquake, flood, or other similar emergency.” (3) The amendments made by this subsection shall be effective with respect to services performed on or after January 1, 1968. (c) Section 218(c) of such Act is amended by adding at the end thereof the following new paragraph: “(8) Notwithstanding any other provision of this section, the agreement with any State entered into under this section may at the option of the State be modified on or after January 1, 1968, to exclude service performed by election officials or election workers if the remuneration paid in a calendar quarter for such service is less than $50. Any modification of an agreement pursuant to this paragraph shall be effective with respect to services performed after an effective date, specified in such modification, which shall not be earlier than the last day of the calendar quarter in which the modification is mailed or delivered by other means to the Secretary.” (d) The first sentence of section 218(d)(6)(F) of the Social Security Act is amended by striking out “1967” and inserting in lieu thereof 72 Stat. 1039; 79 Stat. 385. 42 USC 418. “1970”. Sec. 117. inclusion of illinois among states permitted to divide their retirement systems Section 218(d)(6)(C) of the Social Security Act is amended by inserting “Illinois,” after “Georgia,”. Sec. 118. taxation of certain earnings of retired partner (a) Section 1402(a) of the Internal Revenue Code of 1954 (relating to definition of net earnings from self-employment) is 68A Stat. 353; 68 Stat. 1087. amended— (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) there shall be excluded amounts received by a partner pursuant to a written plan of the partnership, which meets such requirements as are prescribed by the Secretary or his delegate, and which provides for payments on account of retirement, on a periodic basis, to partners generally or to a class or classes of partners, such payments to continue at least until such partner’s death, if— “(A) such partner rendered no services with respect to any trade or business carried on by such partnership (or its successors) during the taxable year of such partnership (or its successors), ending within or with his taxable year, m which such amounts were received, and “(B) no obligation exists (as of the close of the partnership’s taxable year referred to in subparagraph (A)) from the other partners to such partner except with respect to retirement payments under such plan, and “(C) such partner’s share, if any, of the capital of the partnership has been paid to him in full before the close of the partnership’s taxable year referred to in subparagraph (A).” (b) Section 211(a) of the Social Security Act is amended— 64 Stat. 502; 68 Stat. 1055. 42 USC 411. (1) by striking out “and” at the end of paragraph (7); (2) by striking out the period at the end of paragraph (8) and inserting in lieu thereof “; and”; and (3) by inserting after paragraph (8) the following new paragraph: “(9) There shall be excluded amounts received by a partner pursuant to a written plan of the partnership, which meets such requirements as are prescribed by the Secretary of the Treasury or his delegate, and which provides for payments on account of retirement, on a periodic basis, to partners generally or to a class or classes of partners, such payments to continue at least until such partner’s death, if— “(A) such partner rendered no services with respect to any trade or business carried on by such partnership (or its successors) during the taxable year of such partnership (or its successors), ending within or with his taxable year, in which such amounts were received, and “(B) no obligation exists (as of the close of the partnership’s taxable year referred to in subparagraph (A)) from the other partners to such partner except with respect to retirement payments under such plan, and “(C) such partner’s share, if any, of the capital of the partnership has been paid to him in full before the close of the partnership’s taxable year referred to in subparagraph (A).” (c) The amendments made by this section shall apply only with respect to taxable years ending on or after December 31, 1967. Sec. 119. inclusion of puerto rico among states permitted to include firemen and policemen; validation of certain past coverage in the state of nebraska (a) Section 218(p) of the Social Security Act is amended by inserting “Puerto Rico,” after “Oregon,”. (b) In any case in which— (1) an individual has performed services prior to the enactment of this Act in the employ of a political subdivision of the State of Nebraska in a fireman’s position, and (2) amounts, equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal 79 Stat. 395, 396. Revenue Code of 1954 had such services constituted employment for purposes of section 21 of such Code at the time they were performed, were timely paid in good faith to the Secretary of the Treasury, and (3) no refunds of such amounts paid in lieu of taxes have been obtained, the amount of the remuneration for such services with respect to which such amounts have been paid shall be deemed to constitute remuneration for employment as defined in section 209 of the Social 42 USC 409. Security Act. Sec. 120. coverage of firemen’s positions pursuant to a state agreement (a) Section 218(p) of the Social Security Act is amended by— (1) inserting “(1)” after “(p)”; and (2) adding the following paragraph: “(2) A State, not otherwise listed by name in paragraph (1), shall be deemed to be a State listed in such paragraph for the purpose of extending coverage under this title to service in firemen’s positions covered by a retirement system, if the governor of the State, or an official of the State designated by him for the purpose, certifies to the Secretary of Health, Education, and Welfare that the overall benefit protection of the employees in such positions would be improved by reason of the extension of such coverage to such employees. Notwithstanding the provisions of the second sentence of such paragraph (1), such firemen’s positions shall be deemed a separate retirement system and no other positions shall be included in such system.” (b) Nothing in the amendments made by subsection (a) shall authorize the extension of the insurance system established by title 42 USC 401–428; Ante, p. 833. II of the Social Security Act under the provisions of section 218(d)(6)(C) of such Act to service in any fireman’s position. (c) The amendment made by this section shall apply in the case of any State with respect to modifications of such State agreement under section 218 of the Social Security Act made after the date of enactment of this Act. Sec. 121. validation of coverage erroneously reported Section 218(f) of the Social Security Act is amended by 68 Stat. 1058; 72 Stat. 1040. 42 USC 418. adding at the end thereof the following new paragraph: “(3) Notwithstanding the provisions of paragraph (2) of this subsection, in the case of services performed by individuals as members of any coverage group to which an agreement under this section is made applicable, and with respect to which there were timely paid in good faith to the Secretary of the Treasury amounts equivalent to the sum of the taxes which would have been imposed by sections 3101 and 3111 of the Internal Revenue Code of 1954 had such services 79 Stat. 395, 396. constituted employment for purposes of chapter 21 of such Code at the time they were performed, and with respect to which refunds were not obtained, such individuals may, if so requested by the State, be deemed to be members of such coverage group on the date designated pursuant to paragraph (2).” Sec. 122. coverage of fees of state and local government employees as self-employment income (a) (1) Section 211(c)(1) of the Social Security Act is 64 Stat. 503. 42 USC 411. amended to read as follows: “(1) The performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Secretary pursuant to section 218;”. (2) Section 211(c)(2) of such Act is amended (A) by striking out 74 Stat. 945. “and” at the end of subparagraph (C); (B) by striking out the semi-colon at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding after such subparagraph the following new subparagraph: “(E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Secretary pursuant to section 218;”. (b) (1) Section 1402(c)(1) of the Internal Revenue Code of 1954 68A Stat. 355. is amended to read as follows: “(1) the performance of the functions of a public office, other than the functions of a public office of a State or a political subdivision thereof with respect to fees received in any period in which the functions are performed in a position compensated solely on a fee basis and in which such functions are not covered under an agreement entered into by such State and the Secretary of Health, Education, and Welfare pursuant to section 218 of the Social Security Act;”. (2) Section 1402(c)(2) of such Code is amended (A) by striking 74 Stat. 945. out “and” at the end of subparagraph (C); (B) by striking out the semicolon at the end of subparagraph (D) and inserting in lieu thereof “, and”; and (C) by adding after such subparagraph the following new subparagraph: “(E) service performed by an individual as an employee of a State or a political subdivision thereof in a position compensated solely on a fee basis with respect to fees received in any period in which such service is not covered under an agreement entered into by such State and the Secretary of Health, Education, and Welfare pursuant to section 218 of the Social Security Act;” (c) (1) The amendments made by subsections (a) and (b) of this section shall apply with respect to fees received after 1967. (2) Notwithstanding the provisions of subsections (a) and (b) of this section, any individual who in 1968 is in a position to which the amendments made by such subsections apply may make an irrevocable election not to have such amendments apply to the fees he receives in 1968 and every year thereafter, if on or before the due date of his income tax return for 1968 (including any extensions thereof) he files with the Secretary of the Treasury or his delegate, in such manner as the Secretary of the Treasury or his delegate shall by regulations prescribe, a certificate of election of exemption from such amendments. (d) Section 218 of the Social Security Act is further amended by adding the following new subsection: “(u) “Positions Compensated Solely on a Fee Basis (1) Notwithstanding any other provision in this section, an agreement entered into under this section may be made applicable to service performed after 1967 in any class or classes of positions compensated solely on a fee basis to which such agreement did not apply prior to 1968 only if the State specifically requests that its agreement made applicable to such service in such class or classes of positions. “(2) Notwithstanding any other provision in this section, an agreement entered into under this section may be modified, at the option of the State, at any time after 1967, so as to exclude services performed in any class or classes of positions compensation for which is solely on a fee basis. “(3) Any modification made under this subsection shall be effective with respect to services performed after the last day of the calendar year in which the modification is agreed to by the Secretary and the State. “(4) If any class or classes of positions have been excluded from coverage under the State agreement by a modification agreed to under this subsection, the Secretary and the State may not thereafter modify such agreement so as to again make the agreement applicable with respect to such class or classes of positions.” Sec. 123. family employment in a private home (a) Section 210(a)(3)(B) of the Social Security Act is amended by inserting after the semicolon the following: “except that the provisions of this subparagraph shall not be applicable to such domestic service if— “(i) the employer is a surviving spouse or a divorced individual and has not remarried, or has a spouse living in the home who has a mental or physical condition which results in such spouse’s being incapable of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and “(ii) a son, daughter, stepson, or stepdaughter of such employer is living in the home, and “(iii) the son, daughter stepson, or stepdaughter (referred to in clause (ii)) has not attained age 18 or has a mental or physical condition which requires the personal care and supervision of an adult for at least 4 continuous weeks in the calendar quarter in which the service is rendered;” (b) Section 3121(b)(3)(B) of the Internal Revenue Code of 1954 (relating to definition of employment) is amended by inserting after 74 Stat. 942. the semicolon the following: “except that the provisions of this subparagraph shall not be applicable to such domestic service if— “(i) the employer is a surviving spouse or a divorced individual and has not remarried, or has a spouse living in the home who has a mental or physical condition which results in such spouse’s being incapable of caring for a son, daughter, stepson, or stepdaughter (referred to in clause (ii)) for at least 4 continuous weeks in the calendar quarter in which the service is rendered, and “(ii) a son, daughter, stepson, or stepdaughter of such employer is living in the home, and “(iii) the son, daughter, stepson, or stepdaughter (referred to in clause (ii)) has not attained age 18 or has a mental or physical condition which requires the personal care and supervision of an adult for at least 4 continuous weeks in the calendar quarter in which the service is rendered;” (c) The amendments made by this section shall apply with respect to services performed after December 31, 1967. Sec 124. termination of coverage of employees of the massachusetts turnpike authority (a) Notwithstanding the provisions of section 218(g)(1) of the Social Security Act the Secretary may, under such conditions as 64 Stat. 516. 42 USC 418. he deems appropriate, permit the State of Massachusetts to modify its agreement entered into under section 218 of such Act so as to terminate the coverage of the employees of the Massachusetts Turnpike Authority effective at the end of any calendar quarter within the two years next following the date on which such agreement is so modified. (b) If the coverage of employees of the Massachusetts Turnpike Authority is terminated pursuant to subsection (a), coverage cannot later be extended to the employees of such Authority. Part 3— Health Insurance Benefits Sec. 125. method of payment to physicians under supplementary medical insurance program (a) Section 1842(b)(3)(B) of the Social Security Act is 79 Stat. 310. 42 USC 1395u. amended— (1) by striking out “(i)”; and (2) by striking out “and (ii)” and all that follows and inserting in lieu thereof the following: “and such payment will be made— “(i) on the basis of an itemized bill; or “(ii) on the basis of an assignment under the terms of which the reasonable charge is the full charge for the service; but (in the case of bills submitted, or requests for payment made, after March 1968) only if the bill is submitted, or a written request for payment is made in such other form as may be permitted under regulations, no later than the close of the calendar year following the year in which such service is furnished (deeming any service furnished in the last 3 months of any calendar year to have been furnished in the succeeding calendar year) (b) The amendments made by subsection (a) shall apply with respect to claims on which a final determination has not been made on or before the date of enactment of this Act. Sec. 126. elimination of requirement of physician certification in case of certain hospital services (a) Section 1814(a) of the Social Security Act (as amended by section 129(c)(5) of this Act) is amended— (1) by striking out subparagraph (A) of paragraph (2); (2) by redesignating subparagraphs (B), (C), (D), and (E) of paragraph (2) as subparagraphs (A), (B), (C), and (D), respectively; (3) by redesignating paragraphs (3), (4), (5), and (6) as paragraphs (4), (5), (6), and (7), respectively; (4) by inserting immediately after paragraph (2) the following new paragraph: “(3) with respect to inpatient hospital services (other than inpatient psychiatric hospital services and inpatient tuberculosis hospital services) which are furnished over a period of time, a physician certifies that such services are required to be given on an inpatient basis for such individual’s medical treatment, or that inpatient diagnostic study is medically required and such services are necessary for such purpose, except that (A) such certification shall be furnished only in such cases, with such frequency, and accompanied by such supporting material, appropriate to the cases involved, as may be provided by regulations, and (B) the first such certification required in accordance with clause (A) shall be furnished no later than the 20th day of such period;”; and (5) by striking out “(D), or (E)” in the last sentence and inserting in lieu thereof “or (D)”. (b) Section 1835(a)(2)(B) of such Act is amended by inserting after “medical and other health services,” the following: “except services Post, p. 847. described in subparagraphs (B) and (C) of section 1861(s)(2),”. (c) The amendments made by this section shall apply with respect to services furnished after the date of the enactment or this Act. Sec. 127. inclusion of podiatrists’ services under supplementary medical insurance program (a) Section 1861 (r) of the Social Security Act is amended— (1) by striking out “or (2)” and inserting in lieu thereof “(2)”; and (2) by inserting before the period at the end thereof the following: “, or (3) except for the purposes of section 1814(a), section 1835, and subsections (j), (k), (m), and (o) of this section, a doctor of podiatry or surgical chiropody, but (unless clause (1) of this subsection also applies to him) only with respect to functions which he is legally authorized to perform as such by the State in which he performs them”. (b) Section 1862(a) of such Act is amended— (1) by striking out “or” at the end of paragraph (11); (2) by striking out the period at the end of paragraph (12) and inserting in lieu thereof “; or”; and (3) by adding after paragraph (12) the following new paragraph: “(13) where such expenses are for— “(A) the treatment of flat foot conditions and the prescription of supportive devices therefor, “(B) the treatment of subluxations of the foot, or “(C) routine foot care (including the cutting or removal of corns, warts, or calluses, the trimming of nails, and other routine hygienic care).” (c) The amendments made by subsections (a) and (b) shall apply with respect to services furnished after December 31, 1967. Sec. 128. exclusion of certain services Section 1862(a)(7) of the Social Security Act is amended 79 Stat. 325. 42 USC 1395y. by inserting after “changing eyeglasses,” the following: “procedures performed (during the course of any eye examination) to determine the refractive state of the eyes,”. Sec. 129. transfer of all outpatient hospital services to supplementary medical insurance program (a) Section 1861 (s)(2) of the Social Security Act is 42 USC 1395x. amended— (1) by inserting “(A)” after “(2)”: (2) by striking out “physicians’ bills” and all that follows and inserting in lieu thereof the following: “physicians’ bills; “(B) hospital services (including drugs and biologicals which cannot, as determined in accordance with regulations, be self-administered) incident to physicians’ services rendered to out-patients; and “(C) diagnostic services which are— “(i) furnished to an individual as an outpatient by a hospital or by others under arrangements with them made by a hospital, and “(ii) ordinarily furnished by such hospital (or by others under such arrangements) to its outpatients for the purpose of diagnostic study;”. (b) Section 1861 (s) of such Act is further amended by adding at the end thereof (after and below paragraph (11)) the following new sentence: “There shall be excluded from the diagnostic services specified in paragraph (2)(C) any item or service (except services referred to in paragraph (1)) which— “(12) would not be included under subsection (b) if it were furnished to an inpatient of a hospital; or “(13) is furnished under arrangements referred to in such para graph (2)(C) unless furnished in the hospital or in other facilities operated by or under the supervision of the hospital or its organized medical staff.” (c) (1) Section 226(b)(1) of such Act is amended by striking out 79 Stat. 290. 42 USC 426. “post-hospital home health services, and outpatient hospital diagnostic services” and inserting in lieu thereof “and post-hospital home health services”. (2) Section 1812(a) of such Act is amended— 79 Stat. 291. 42 USC 1395d. (A) by adding “and” at the end of paragraph (2); (B) by striking out and” at the end of paragraph (3) and inserting in lieu thereof a period; and (C) by striking out paragraph (4). (3) Section 1813(a) of such Act is amended by striking out paragraph 42 USC 1395e. (2), and by redesignating paragraphs (3) and (4) as paragraphs (2) and (3), respectively. (4) (A) Section 1813(b)(1) of such Act is amended by striking out “or diagnostic study”. (B) The first sentence of section 1813(b)(2) of such Act is amended by striking out “or diagnostic study”. (5) (A) Section 1814(a)(2) of such Act is amended— (i) by adding “or” at the end of subparagraph (D); (ii) by striking out “or” at the end of subparagraph (E); and (iii) by striking out subparagraph (F). (B) The last sentence of section 1814(a) of such Act is amended by striking out “(E), or (F)” and inserting in lieu thereof “or (E)”. (6) (A) Section 1814(d) of such Act is amended by striking out “or outpatient hospital diagnostic services”. (B) Section 1832(a)(2)(B) of such Act is amended by striking out “hospital” and inserting in lieu thereof “hospital and the services Infra. 42 USC 1395l. for which payment may be made pursuant to section 1835(b)(2)”. (7) Section 1833(b) of such Act is amended— (A) by striking out “(or regarded under clause (2) as incurred in such preceding year with respect to services furnished in such last three months)”; and (B) by striking out “, and (2)” and all that follows and inserting in lieu thereof a period. (8) Section 1833(d) of such Act is amended by striking out “other than subsection (a)(2)(A) thereof”. (9) (A) Section 1835(a) of such Act is amended by striking out “Payment” and inserting in lieu thereof “Except as provided in subsection (b), payment”. (B) Section 1835 of such Act is further amended by redesignating subsection (b) as subsection (c), and by inserting after subsection (a) the following new subsection: “(b) (1) Payment may also be made to any hospital for services described in section 1861 (s) furnished as an outpatient service by a hospital or by others under arrangements made by it to an individual entitled to benefits under this part even though such hospital does not have an agreement in effect under this title if (A) such services were emergency services, (B) the Secretary would be required to make such payment if the hospital had such an agreement in effect and otherwise met the conditions of payment hereunder, and (C) such hospital has made an election pursuant to section 1814(d)(1)(C) with respect to the calendar year in which such emergency services are provided. Such payments shall be made only in the amounts provided under section 1833(a)(2) and then only if Post, p. 857. such hospital agrees to comply, with respect to the emergency services provided, with the provisions of section 1866(a). “(2) Payment may also be made on the basis of an itemized bill to an individual for services described in paragraph (1) of this subsection if (A) payment cannot be made under such paragraph (1) solely because the hospital does not elect, in accordance with section 1814(d)(1)(C), to claim such payments and (B) such individual files application (submitted within such time, and in such form and manner, and containing and supported by such information as the Secretary shall by regulations prescribe) for reimbursement. The amounts payable under this paragraph shall, subject to the provisions of section 1833, be equal to 80 percent of the hospital’s reasonable charges for such services.” (C) Section 1861(e) of such Act is amended— (i) by striking out “except for purposes of section 1814(d),” and inserting in lieu thereof “except for purposes of sections 1814(d) and 1835(b),”; and (ii) by striking out “(including determination of whether an individual received inpatient hospital services for purposes of such section)” and inserting in lieu thereof “and 1835(b)(including determination of whether an individual received inpatient hospital services or diagnostic services for purposes of such sections)”. (10) Sect ion 1861 (p) of such Act is repealed. Repeal. 79 Stat. 321. 42 USC 1395x. (11) Section 1861(y)(3) of such Act is amended by striking out “1813(a)(4)”and inserting in lieu thereof “1813(a)(3)”. (12) (A) Section 1866(a)(2)(A) of such Act is amended— 42 USC 1395cc. (i) by striking out “, (a)(2), or (a)(4)” and inserting in lieu thereof “or (a)(3)”; and (ii) by striking out “or, in the case of outpatient hospital diagnostic services, for which payment is made under part A”. (B) Section 1866(a)(2)(C) of such Act is amended by striking out “1813(a)(3)” and inserting in lieu thereof “1813(a)(2)”. (13) Section 21(a) of the Railroad Retirement Act of 1937 is 79 Stat. 340. 45 USC 228s–2. amended by striking out “post-hospital home health services, and out-patient hospital diagnostic services” and inserting in lieu thereof “and post-hospital home health services”. (d) The amendments made by this section shall apply with respect to services furnished after March 31, 1968, except that subsection (c)(5) of such section shall become effective with respect to services furnished after the date of enactment of this Act. Sec. 130. billing by hospital for services furnished to outpatients (a) Section 1835(a) of the Social Security Act (as amended by section 129(c)(9)(A) of this Act) is further amended by Ante, p. 848. striking out “Except as provided in subsection (b),” and inserting in lieu thereof “Except as provided in subsections (b) and (c),”. (b) Section 1835 of such Act (as amended by section 129(c)(9)(B) of this Act) is amended by redesignating subsection (c)(as redesignated) as subsection (d), and by inserting after subsection (b) the following new subsection: “(c) Notwithstanding the provisions of this section and sections 1832, 1833, and 1866(a)(1)(A), a hospital may, subject to such limitations 42 USC 1395k, 1395l, 1395cc. 42 USC 1395x. Ante, p. 847. as may be prescribed by regulations, collect from an individual the customary charges for services specified in section 1861 (s) and furnished to him by such hospital as an outpatient, but only if such charges for such services do not exceed $50, and such customary charges shall be regarded as expenses incurred by such individual with respect to which benefits are payable in accordance with section 1833 (a)(1). Payments under this title to hospitals which have elected to Infra. make collections from individuals in accordance with the preceding sentence shall be adjusted periodically to place the hospital in the same position it would have been had it instead been reimbursed in accordance with section 1833(a)(2).” (c) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 131. payment of reasonable charges for radiological or pathological services furnished by certain physicians to hospital inpatients (a) Section 1833(a)(1) of the Social Security Act is 79 Stat. 302. 42 USC 1395l. amended— (1) by striking out “except that” and inserting in lieu thereof “except that (A)”, and (2) by striking out “of subsection (b)” and inserting in lieu thereof “of subsection (b), and (B) with respect to expenses incurred for radiological or pathological services for which payment may be made under this part, furnished to an inpatient of a hospital by a physician in the field of radiology or pathology, the amounts paid shall be equal to 100 percent of the reasonable charges for such services”. (b) Section 1833(b) of such Act (as amended by section 129(c)(7) of this Act) is amended by inserting before the period at the end thereof the following: “, and (2) such total amount shall not include expenses incurred for radiological or pathological services furnished to such individual as an inpatient of a hospital by a physician in the field of radiology or pathology”. (c) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 132. payment for purchase of durable medical equipment (a) Section 1861(s)(6) of the Social Security Act is amended by striking out “rental or”, and by inserting before the semi-colon at the end thereof the following: “, whether furnished on a rental basis or purchased”. (b) Section 1833 of such Act is amended by adding at the end thereof the following new subsection: “(f) In the case of the purchase of durable medical equipment included under section 1861 (s)(6), by or on behalf of an individual, payment shall be made in such amounts as the Secretary determines to be equivalent to payments that would have been made under this part had such equipment been rented and over such period of time as the Secretary finds such equipment would be used for such individual’s medical treatment, except that with respect to purchases of inexpensive equipment (as determined by the Secretary) payment may be made in a lump sum if the Secretary finds that such method of payment is less costly or more practical than periodic payments.” (c) The amendments made by this section shall apply only with respect to items purchased after December 31, 1967. Sec. 133. payment for physical therapy services furnished to outpatients (a) Section 1861 (s)(2) of the Social Security Act (as amended by section 129(a)(2) of this Act) is amended by— (1) striking out “and” at the end of subparagraph (B); (2) inserting “and” at the end of subparagraph (C); and (3) adding at the end thereof the following: “(D) outpatient physical therapy services;” (b) Section 1861 of such Act is amended by inserting after subsection (o) the following new subsection (in lieu of subsection (p) repealed Ante, p. 849. by section 129(c)(10) of this Act): “(p) “Outpatient Physical Therapy Services The term ‘outpatient physical therapy services’ means physical therapy services furnished by a provider or services, a clinic, rehabilitation agency, or a public health agency, or by others under an arrangement with, and under the supervision of, such provider, clinic, rehabilitation agency, or public health agency to an individual as an outpatient— “(1) who is under the care of a physician (as defined in section 1861(r)(1)),and “(2) with respect to whom a plan prescribing the type, amount, and duration of physical therapy services that are to be fur-nished such individual has been established, and is periodically reviewed, by a physician (as so defined); excluding, however— “(3) any item or service if it would not be included under subsection (b) if furnished to an inpatient of a hospital; and “(4) any such service— “(A) if furnished by a clinic or rehabilitation agency, or by others under arrangements with such clinic or agency, unless such clinic or rehabilitation agency— “(i) provides an adequate program of physical therapy services for outpatients and has the facilities and personnel required for such program or required for the supervision of such a program, in accordance with such requirements as the Secretary may specify, “(ii) has policies, established by a group of professional personnel, including one or more physicians (associated with the clinic or rehabilitation agency) and one or more, qualified physical therapists, to govern the services (referred to in clause (i)) it provides, “(iii) maintains clinical records on all patients, “(iv) if such clinic or agency is situated in a State in which State or applicable local law provides for the licensing of institutions of this nature, (I) is licensed pursuant to such law, or (II) is approved by the agency of such State or locality responsible for licensing institutions of this nature, as meeting the standards established for such licensing; and “(v) meets such other conditions relating to the health and safety of individuals who are furnished services by such clinic or agency on an outpatient basis, as the Secretary may find necessary, or “(B) if furnished by a public health agency, unless such agency meets such other conditions relating to health and safety of individuals who are furnished services by such agency on an outpatient basis, as the Secretary may find necessary.” (c) Section 1866 of such Act is amended by adding at the end thereof 79 Stat. 327. 42 USC 1395cc. “Provider of services.” the following new subsection: “(e) For purposes of this section, the term ‘provider of services’ shall include a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or agency meets the requirements of section 1861 (p)(4)(A), or if, in the case of Supra. a public health agency, such agency meets the requirements of section 1861(p)(4)(B), but only with respect to the furnishing of outpatient physical therapy services (as therein defined).” (d) Section 1832(a) of such Act is amended by— 79 Stat. 302. 42 USC 1395k. (1) deleting “and” at the end of paragraph (2)(A) thereof; (2) striking out the period at the end and inserting in lieu thereof the following: “; and”; and (3) adding at the end thereof the following new subparagraph: “(C) outpatient physical therapy services.” (e) Section 1835(a)(2) of such Act (as amended by section 126(b) of this Act) is amended by— Ante, p. 846. (1) striking out “and” at the end of subparagraph (A); (2) striking out the period at the end and inserting in lieu thereof the following: “; and”; (3) adding at the end thereof the following new subparagraph: “(C) in the case of outpatient physical therapy services, (i) such services are or were required because the individual needed physical therapy services on an outpatient basis, (ii) a plan for furnishing such services has been established, and is periodically reviewed, by a physician, and (iii) such services are or were furnished while the individual is or was under the care of a physician.”; (4) striking out “(B) and (C) of section 1861(s)(2)” and inserting in lieu thereof “(B), (C), and (D) of section 1861(s)(2)”; and (5) adding at the end thereof the following new sentence: “For purposes of this section, the term ‘provider of services’ shall include a clinic, rehabilitation agency, or public health agency if, in the case of a clinic or rehabilitation agency, such clinic or Ante, p. 851. agency meets the requirements of section 1861 (p)(4)(A), or if, in the case of a public health agency, such agency meets the requirements of section 1861(p)(4)(B), but only with respect to the furnishing of outpatient physical therapy services (as therein defined).” (f) The first sentence of section 1864(a) of such Act is amended by inserting before the period the following: “, or whether a clinic, rehabilitation agency or public health agency meets the requirements of subparagraph (A) or (B), as the case may be, of section 1861(p)(4)”. (g) The amendments made by the preceding subsections of this section shall apply to services furnished after June 30, 1968. Sec. 134. payment for certain portable x-ray services (a) Section 1861 (s)(3) of the Social Security Act is amended by striking out “diagnostic X-ray tests,” and inserting in lieu thereof the following: “diagnostic X-ray tests (including tests under the supervision of a physician, furnished in a place of residence used as the patient’s home, if the performance of such tests meets such conditions relating to health and safety as the Secretary may find necessary),”. (b) The amendment made by subsection (a) shall apply with respect to services furnished after December 31, 1967. Sec. 135. blood deductibles (a) (1) Section 1813(a)(2) of the Social Security Act (as redesignated by section 129(c)(3) of this Act) is amended to read as follows: “(2) The amount payable to any provider of services under this part for services furnished an individual during any spell of illness shall be further reduced by a deduction equal to the cost of the first three pints of whole blood (or equivalent quantities of packed red blood cells, as defined under regulations) furnished to him as part of such services during such spell of illness.” (b) Section 1866(a)(2)(C) of such Act (as amended by section 129(c)(12)(B) of this Act) is amended— (1) by striking out “may also charge” and inserting in lieu thereof “may in accordance with its customary practice also appropriately charge”; (2) by inserting after “whole blood” the following: “(or equivalent quantities of packed red blood cells, as defined under regulations)”; (3) by inserting after “blood” where it appears in clauses (i), (ii), and (iii) the following: “(or equivalent quantities of packed red blood cells, as so defined)”; and (4) by adding at the end thereof the following new sentence: “For purposes of clause (iii) of the preceding sentence, whole blood (or equivalent quantities of packed red blood cells, as so defined) furnished an individual shall be deemed replaced when the provider of services is given one pint of blood for each pint of blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual with respect to which a deduction is imposed under section 1813(a)(2).” Ante, p. 852. (c) Section 1833(b) of such Act (as amended by sections 129(c)(7) Ante, pp. 848. 850. and 131 (b) of this Act) is amended by adding at the end thereof the following new sentence: “The total amount of the expenses incurred by an individual as determined under the preceding sentence shall, after the reduction specified in such sentence, be further reduced by an amount equal to the expenses incurred for the first three pints of whole blood (or equivalent quantities of packed red blood cells, as defined under regulations) furnished to the individual during the calendar year, except that such deductible for such blood shall in accordance with regulations be appropriately reduced to the extent that there has been a replacement of such blood (or equivalent quantities of packed red blood cells, as so defined); and for such purposes blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual shall be deemed replaced when the institution or other person furnishing such blood (or such equivalent quantities of packed red blood cells, as so defined) is given one pint of blood for each pint of blood (or equivalent quantities of packed red blood cells, as so defined) furnished such individual with respect to which a deduction is made under this sentence.” (d) The amendments made by this section shall apply with respect to payment for blood (or packed red blood cells) furnished an individual after December 31, 1967. Sec. 136. enrollment under supplementary medical insurance program based on alleged date of attaining age 65 (a) Section 1837(d) of the Social Security Act is amended 79 Stat. 304; 80 Stat. 105. 42 USC 1395p. by adding at the end thereof the following new sentence: “Where the Secretary finds that an individual who has attained age 65 failed to enroll under this part during his initial enrollment period (based on a determination by the Secretary of the month in which such individual attained age 65), because such individual (relying on documentary evidence) was mistaken as to his correct date of birth, the Secretary shall establish for such individual an initial enrollment period based on his attaining age 65 at the time shown in such documentary evidence (with a coverage period determined under section 1838 as though he had attained such age at that time).” (b) The amendment made by subsection (a) shall apply to individuals enrolling under part B of title XVIII in months beginning 42 USC 1395j 1395w. after the date of the enactment of this Act. Sec. 137. extension by 60 days during individual’s lifetime of maximum duration of benefits for inpatient hospital services (a) (1) Section 1812(a)(1) of the Social Security Act is 42 USC 1395d. amended by striking out “up to 90 days during any spell of illness” and inserting in lieu thereof “up to 150 days during any spell of illness minus 1 day for each day of inpatient hospital services in excess of 90 received during any preceding spell of illness (if such individual was entitled to have payment for such services made under this part unless he specifies in accordance with regulations of the Secretary that he does not desire to have such payment made)”. (2) Section 1812(b)(1) of such Act is amended by striking out “for 90 days during such spell” and inserting in lieu thereof “for 150 days during such spell minus 1 day for each day of inpatient hospital services in excess of 90 received during any preceding spell of illness (if such individual was entitled to have payment for such services made under this part unless he specifies in accordance with regulations of the Secretary that he does not desire to have such payment made)”. (b) The second sentence of section 1813(a)(1) of such Act is amended to read as follows: “Such amount shall be further reduced by a coinsurance amount equal to— “(A) one-fourth of the inpatient hospital deductible for each day (before the 91st day) on which such individual is furnished such services during such spell of illness after such services have been furnished to him for 60 days during such spell; and “(B) one-half of the inpatient hospital deductible for each day (before the day following the last day for which such individual is entitled under section 1812(a)(1) to have payment made on his behalf for inpatient hospital services during such spell of illness) on which such individual is furnished such services during such spell of illness after such services have been furnished to him for 90 days during such spell; except that the reduction under this sentence for any day shall not exceed the charges imposed for that day with respect to such individual for such services (and for this purpose, if the customary charges for such services are greater than the charges so imposed, such customary charges shall be considered to be the charges so imposed).” (c) The amendments made by subsections (a) and (b) shall apply with respect to services furnished after December 31, 1967. Sec. 138. limitation on special reduction in allowable days of inpatient hospital services (a) Section 1812(c) of the Social Security Act is amended by striking out “in the 90-day period immediately before such first day shall be included in determining the 90-day limit under subsection (b)(1)(but not in determining the 190-day limit under subsection (b)(3))” and inserting in lieu thereof “in the 150-day period immediately before such first day shall be included in determining the number Ante, p. 853. of days limit under subsection (b)(1) insofar as such limit applies to (1) inpatient psychiatric hospital services and inpatient tuberculosis hospital services, or (2) inpatient hospital services for an individual who is an inpatient primarily for the diagnosis or treatment of mental illness or tuberculosis (but shall not be included in determining such number of days limit insofar as it applies to other inpatient hospital services or in determining the 190-day limit under subsection (b)(3))” (b) The amendment made by subsection (a) shall apply with respect to payment for services furnished after December 31, 1967. Sec. 139. transitional provision on eligibility of presently uninsured individuals for hospital insurance benefits Section 103(a)(2) of the Social Security Amendments of 79 Stat. 333. 42 USC 426a. 1965 is amended by striking out “1965” in clause (B) and inserting in lieu thereof “1966”. Sec. 140. advisory council to study coverage of the disabled under title xviii of the social security act (a) The Secretary of Health, Education, and Welfare shall appoint an Advisory Council to study the need for coverage of the disabled under the health insurance program of title XVIII of the 79 Stat. 291. 42 USC 1395–1395ll. Social Security Act. (b) The Council shall be appointed by the Secretary during 1968 without regard to the provisions of title 5, United States Code, governing 80 Stat. 417. 5 USC 3301 et seq. appointments in the competitive service and shall consist of 12 persons who shall, to the extent possible, represent organizations of employers and employees in equal numbers, and represent self-employed persons and the public. (c) The Council is authorized to engage such technical assistance, including actuarial services, as may be required to carry out its functions, and the Secretary shall, in addition, make available to such Council such secretarial, clerical, and other assistance and such actuarial and other pertinent data prepared by the Department of Health, Education, and Welfare as it may require to carry out such functions. (d) Members of the Council, while serving on the business of the Compensation, travel expenses. Council (inclusive of travel time), shall receive compensation at rates fixed by the Secretary, but not exceeding $100 per day and, while so serving away from their homes or regular places of business, they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons 80 Stat. 499. in the Government employed intermittently. (e) The Council shall make findings on the unmet need of the disabled for health insurance, on the costs involved in providing the disabled with insurance protection to cover the cost of hospital and medical services, and on the ways of financing this insurance. The Council shall submit a report of its findings to the Secretary not later than January 1, 1969, together with recommendations on how such protection should be financed and, if such financing is to be accomplished through the trust funds established under title XVIII of the Social Security Act, on the extent to which each of such trust funds 79 Stat. 291. 42 USC 1395–1395ll. Report to Congress. 42 USC 1395i, 1395t. Expiration date. should bear the cost of such financing. Such report shall thereupon be transmitted to the Congress and to the Boards of Trustees created by sections 1817(b) and 1841(b) of the Social Security Act. After the date of transmittal to the Congress of the report, the Council shall cease to exist. Sec. 141. study to determine feasibility of inclusion of certain additional services under part b of title xviii of the social security act The Secretary shall make a study relating to the inclusion under the supplementary medical insurance program (part B of title XVIII of the Social Security Act) of services of additional types of 42 USC 1395j–1395w. Report to Congress. licensed practitioners performing health services in independent practice. The Secretary shall make a report to the Congress prior to January 1, 1969, of his finding with respect to the need for covering, under the supplementary medical insurance program, any of the various types of services such practitioners perform and the costs to such program of covering such additional services, and shall make recommendations as to the priority and method for covering these services and the measures that should be adopted to protect the health and safety of the individuals to whom such services would be furnished. Sec. 142. provisions for benefits under part a of title xviii of the social security act for services to patients admitted prior to 1968 to certain hospitals (a) Notwithstanding any provision of title XVIII of the Social Security Act, an individual who is entitled to hospital insurance benefits under section 226 of such Act may, subject to subsections (b) 79 Stat. 290. 42 USC 426. and (c), receive, on the basis of an itemized bill, reimbursement for charges to him for inpatient hospital services (as defined in section 79 Stat. 313. 42 USC 1395x. 1861 of such Act. but without regard to subsection (e) of such section) furnished by, or under arrangements (as defined in section 1861 (w) of such Act) with, a hospital if— (1) the hospital did not have an agreement in effect under section 1866 of such Act but would have been eligible for payment under part A of title XVIII of such Act with respect to such services if at the time such services were furnished the hospital had such an agreement in effect; (2) the hospital (A) meets the requirements of paragraphs (5) and (7) of section 1861(e) of such Act (B) is not primarily engaged in providing the services described in section 1861 (j)(1)(A) of such Act, and (C) is primarily engaged in providing, by or under the supervision of individuals referred to in paragraph (1) of section 1861(r) of such Act, to inpatients (i) diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or (ii) rehabilitation services for the rehabilitation of injured, disabled, or sick persons; (3) the hospital did not meet the requirements that must be met to permit payment to the hospital under part A of title XVIII of such Act; and (4) an application is filed (submitted in such form and manner and by such person, and containing and supported by such information, as the Secretary shall by regulations prescribe) for reimbursement before January 1, 1969. (b) Payments under this section may not be made for inpatient hospital services (as described in subsection (a)) furnished to an individual— (1) prior to July 1, 1966, (2) after December 31, 1967, unless furnished with respect to an admission to the hospital prior to January 1, 1968, and (3) for more than— (A) 90 days in any spell of illness but only if (i) prior to January 1, 1969, the hospital furnishing such services entered into an agreement under section 1866 of the Social Security Act and (ii) the hospital’s plan for utilization review, as provided for in section 1861 (k) of such Act, has, in accordance 42 USC 1395f. with section 1814 of such Act, been applied to the services furnished such individual, or (B) 20 days in any spell of illness, if the hospital did not meet the conditions of clauses (i) and (ii) of subparagraph (A). (c) (1) The amounts payable in accordance with subsection (a) with respect to inpatient hospital services shall, subject to paragraph (2) of this subsection, be paid from the Federal Hospital Insurance Trust Fund in amounts equal to 60 percent of the hospital’s reasonable charges for routine services furnished in the accommodations occupied by the individual or in semi-private accommodations (as defined in section 1861 (v)(4) of the Social Security Act) whichever is less, plus 80 percent of the hospital’s reasonable charges for ancillary services. If separate charges for routine and ancillary services are not made by the hospital, reimbursement may be based on two-thirds of the hospital’s reasonable charges for the services received but not to exceed the charges which would have been made if the patient had occupied “Routine services.” semi-private accommodations (as so defined). For purposes of the preceding provisions of this paragraph, the term “routine services” shall mean the regular room, dietary, and nursing services, minor medical and surgical supplies and the use of equipment and facilities for which a separate charge is not customarily made; the term “ancillary “Ancillary services.” services” shall mean those special services for which charges are customarily made in addition to routine services. (2) Before applying paragraph (1), payments made under this section shall be reduced to the extent provided for under section 1813 of the Social Security Act in the case of benefits payable to providers 79 Stat. 292. 42 USC 1395e. 42 USC 1395c–1395i. of services under part A of title XVIII of such Act. (d) For the purposes of this section— (1) the 90-day period, referred to in subsection (b)(3)(A), shall be reduced by the number of days of inpatient hospital services furnished to such individual during the spell of illness, referred to therein, and with respect to which he was entitled to have payment made under part A of title XVIII of the Social Security Act; (2) the 20-day period, referred to in subsection (b)(3)(B) shall be reduced by the number of days in excess of 70 days of inpatient hospital services furnished during the spell of illness, referred to therein, and with respect to which such individual was entitled to have payment made under such part A; (3) the term “spell of illness” shall have the meaning assigned “Spell of illness;” “Inpatient hospital services.” 42 USC 1395x. to it by subsection (a) of section 1861 of such Act except that the term “inpatient hospital services” as it appears in such subsection shall have the meaning assigned to it by subsection (a) of this section. Sec. 143. payments for emergency hospital services (a) The second sentence following paragraph (8) of section 1861(e) of the Social Security Act is amended by striking out “which meets the requirement of paragraphs (1), (2), (3), (4), (5) and (7) of this subsection” and inserting in lieu thereof “which (i) meets the requirements of paragraphs (5) and (7) of this subsection, (ii) is not primarily engaged in providing the services described in section 1861(j)(1)(A) and (iii) is primarily engaged in providing, by or under the supervision of individuals referred to in paragraph (1) of section 1861 (r), to inpatients diagnostic services and therapeutic services for medical diagnosis, treatment, and care of injured, disabled, or sick persons, or rehabilitation services for the rehabilitation of injured, disabled, or sick persons.” (b) That portion of section 1812(a) of such Act that precedes paragraph (1) thereof is amended by inserting “or, in the case of payments 42 USC 1395d. Post, p. 858. 79 Stat. 296. 42 USC 1395f. referred to in section 1814(d)(2) to him” after “on his behalf”. (c) Section 1814(d) of such Act is amended by— (1) striking out “Payments” and inserting in lieu thereof “(1) Payments”; (2) deleting “furnished” and inserting “furnished in a calendar year”; (3) deleting “and” at the end of clause (A) and inserting a comma in lieu thereof; (4) inserting before the period at the end of the first sentence the following: “, and (C) such hospital has elected to claim payments for all such inpatient emergency services and for the emergency outpatient services referred to in section 1835(b) furnished Ante, p. 848. during such year”: and (5) adding at the end of such section 1814(d) the following new paragraphs: “(2) Payment may be made on the basis of an itemized bill to an individual entitled to hospital insurance benefits under section 226 for services described in paragraph (1) which are emergency services if (A) payment cannot be made under paragraph (1) solely because the hospital does not elect to claim such payment, and (B) such individual files application (submitted within such time and in such form and manner and by such person, and containing and supported by such information as the Secretary shall by regulations prescribe) for reimbursement. “(3) The amounts payable under the preceding paragraph with respect to services described therein shall, subject to the provisions of 42 USC 1395e. section 1813, be equal to 60 percent of the hospital’s reasonable charges for routine services furnished in the accommodations occupied by the individual or in semiprivate accommodations (as defined in section 42 USC 1395x. 1861(v)(4)), whichever is less, plus 80 percent of the hospital’s reasonable charges for ancillary services. If separate charges for routine and ancillary services are not made by the hospital, reimbursement may be based on two-thirds of the hospital’s reasonable charges for the services received but not to exceed the charges which would have been “Routine services.” made if the patient had occupied semiprivate accommodations. For purposes of the preceding provisions of this paragraph, the term ‘routine services’ shall mean the regular room, dietary, and nursing services, minor medical and surgical supplies and the use of equipment and “Ancillary services.” facilities for which a separate charge is not customarily made; the term ‘ancillary services’ shall mean those special services for which charges are customarily made in addition to routine services.” (d) The provisions made by subsection (a) of this section shall become effective as of July 1, 1966, and the provisions made by subsections (b) and (c) of this section shall apply to services furnished with respect to admissions occurring after December 31, 1967, and to out-patient hospital diagnostic services furnished after December 31, 1967, and before April 1, 1968. Sec. 144. payment under supplementary medical insurance program for certain inpatient ancillary services (a) So much of section 1861 (s) of the Social Security Act which precedes paragraph (1) is amended by striking out “(unless they would otherwise constitute inpatient hospital services, extended care services, or home health services)”. (b) The sentence immediately following paragraph (9) of section 1861(s) of such Act is amended by inserting after “hospital” the following: “(which, for purposes of this sentence, means an institution considered a hospital for purposes of section 1814(d))”. (c) Section 1861 (s) of such Act is amended by adding at the end thereof (after and below paragraph (13) as added to such section by section 129(b) of this Act) the following new sentence: “None of the items and services referred to in the preceding paragraphs (other than Ante, p. 847. paragraphs (1) and (2)(A)) of this subsection which are furnished to a patient of an institution which meets the definition of a hospital 42 USC 1395f. for purposes of section 1814(d) shall be included unless such other conditions are met as the Secretary may find necessary relating to health and safety of individuals with respect to whom such items and services are furnished.” (d) Section 1861(s)(6) of such Act is amended by striking out “as his home” and inserting in lieu thereof “as his home other than an institution that meets the requirements of subsection (e)(1) or (j)(1) of this section”. (e) The amendments made by this section shall apply with respect to services furnished after March 31, 1968. Sec. 145. general enrollment period under title xviii (a) Section 1837(b)(1) of the Social Security Act is 79 Stat. 304. 42 USC 1395p. amended to read as follows: “(1) No individual may enroll for the first time under this part unless he does so in a general enrollment period (as provided in subsection (e)) which begins within 3 years after the close of the first enrollment period during which he could have enrolled under this part.” (b) Section 1837(e) of such Act is amended to read as follows: “(e) There shall be a general enrollment period, after the period described in subsection (c), during the period beginning on January 1 and ending on March 31 of each year beginning with 1969.” (c) Section 1838(b) of such Act is amended by— 42 USC 1395q. (1) striking out in paragraph (1) the following: “, during a general enrollment period described in section 1837(e),”; and (2) striking out “December 31 of the year” and inserting in lieu thereof “the calendar quarter following the calendar quarter”. (d) Section 1839(b)(2) of such Act is amended to read as follows: 42 USC 1395r. “(2) The Secretary shall, during December 1968 and of each year thereafter, determine and promulgate the dollar amount (whether or not such dollar amount was applicable for premiums for any prior month) which shall be applicable for premiums for months occurring in the 12-month period commencing July 1 in each succeeding year. Such dollar amount shall be such amount as the Secretary estimates to be necessary so that the aggregate premiums for such 12-month period will equal one-half of the total of the benefits and administrative costs which he estimates will be payable from the Federal Supplementary Medical Insurance Trust Fund for such 12-month period. In estimating aggregate benefits payable for any period, the Secretary shall include an appropriate amount for a contingency margin. Whenever the Secretary, pursuant to the preceding sentence, promulgates the dollar amount which shall be applicable for premiums for any period, he shall, at the time such promulgation is announced, issue a public statement setting forth the actuarial assumptions and bases employed by him in arriving at the amount of premiums so promulgated.” (e) The amendments made by subsections (a), (b), and (c) shall become effective April 1, 1968. Notwithstanding the provisions of section 2 of Public Law 90–97, the amendments made by subsection (d) Ante, p. 249. shall become effective December 1, 1968. Sec. 146. elimination of special reduction in allowable days of inpatient hospital services for patients in tuberculosis hospitals (a) Section 1812(c) of the Social Security Act (as amended by section 138 of this Act) is further amended— Ante, p. 854. (1) by striking out “a psychiatric hospital or a tuberculosis hospital” and inserting in lieu thereof “a psychiatric hospital”, (2) by striking out “and inpatient tuberculosis hospital services”. and (3) by striking out “or tuberculosis”. (b) The amendments made by subsection (a) shall apply with respect to payment for services furnished after December 31, 1967. Part 4— Miscellaneous and Technical Amendments Sec. 150. eligibility of adopted child for monthly benefits (a) The second sentence of section 216(e) of the Social 72 Stat. 1028. 42 USC 416. Security Act is amended by striking out “before the end of two years after the day on which such individual died or the date of enactment of this Act” and inserting in lieu thereof “only if (A) proceedings for the adoption of the child had been instituted by such individual before his death, or (B) such child was adopted by such individual’s surviving spouse before the end of two years after (i) the day on which such individual died or (ii) the date of enactment of the 42 USC 302 note. Social Security Amendments of 1958”. (b) The amendment made by subsection (a) shall apply with respect to monthly benefits payable under title II of the Social Security 42 USC 401–428; Ante, p. 833. Act for months after January 1968, but only on the basis of an application filed in or after the month in which this Act is enacted. Sec. 151. criteria for determining child’s dependency on mother (a) Section 202(d)(3) of the Social Security Act is amended— (1) by inserting “or his mother or adopting mother” after “his father or adopting father” in the first sentence; and (2) by striking out “, if such individual is the child’s father,” in the second sentence. (b) Section 202(d)(4) of such Act is amended by inserting “or stepmother” after “stepfather” each place it appears. (c) Section 202(d) of such Act is further amended by striking out paragraph (5), and by redesignating paragraphs (6) through (10) as paragraphs (5) through (9), respectively. (d) (1) The paragraph of section 202(d) of such Act redesignated as paragraph (9) by subsection (c) of this section is amended by striking out “under paragraph (9)” and inserting in lieu thereof “under paragraph (8)”. (2) Paragraphs (2) and (3) of section 202(s) of such Act are each amended by striking out “(d)(6),” and inserting in lieu thereof “(d)(5),”. (3) Section (5)(1)(1) of the Railroad Retirement Act of 1937 is amended— (A) by striking out “(3), (4), or (5)” in the third sentence and inserting in lieu thereof “(3) or (4)”; and (B) by striking out “paragraph (8)” in the ninth sentence and inserting in lieu thereof “paragraph (7)”. (e) The amendments made by this section shall apply with respect to monthly benefits payable under title II of the Social Security Act 50 Stat. 307. 45 USC 228a–228s–2. (and annuities accruing under the Railroad Retirement Act of 1937) for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 152. recovery of overpayments (a) Section 204(a) of the Social Security Act is amended to read as follows: “(a) Whenever the Secretary finds that more or less than the correct amount of payment has been made to any person under this title, proper adjustment or recovery shall be made, under regulations prescribed by the Secretary, as follows: “(1) With respect to payment to a person of more than the correct amount, the Secretary shall decrease any payment under this title to which such overpaid person is entitled, or shall require such overpaid person or his estate to refund the amount in excess of the correct amount, or shall decrease any payment under this title payable to his estate or to any other person on the basis of the wages and self-employment income which were the basis of the payments to such overpaid person, or shall apply any combination of the foregoing. “(2) With respect to payment to a person of less than the correct amount, the Secretary shall make payment of the balance of the amount due such underpaid person, or, if such person dies before payments are completed or before negotiating one or more checks representing correct payments, disposition of the amount due shall be made in accordance with subsection (d).” (b) Section 204(b) of such Act is amended to read as follows: 53 Stat. 1368. 42 USC 404. “(b) In any case in which more than the correct amount of payment has been made, there shall be no adjustment of payments to, or recovery by the United States from, any person who is without fault if such adjustment or recovery would defeat the purpose of this title or would be against equity and good conscience.” Sec. 153. benefits paid on basis of erroneous retorts of death in military service (a) Section 204(a)(1) of the Social Security Act (as amended by section 152 of this Act) is further amended by adding at Ante, p. 860. the end the following sentence: “A payment made under this title on the basis of an erroneous report of death by the Department of Defense of an individual in the line of duty while he is a member of the uniformed services (as defined in section 210(m)) on active duty (as defined in section 210(1)) shall not be considered an incorrect payment 42 USC 410. for any month prior to the month such Department notifies the Secretary that such individual is alive.” (b) The amendment made by this section shall apply with respect to benefits under title II of the Social Security Act if the individual 42 USC 401–428; Ante, p. 833. to whom such benefits were paid would have been entitled to such benefits in or after the month in which this Act was enacted if the report mentioned in the amendment made by subsection (a) of this section had been correct (but without regard to the provisions of section 202 (j)(1) of such Act). 42 USC 402. Sec. 154. underpayments (a) Section 204(d) of the Social Security Act is amended 79 Stat. 401. 42 USC 404. to read as follows: “(d) If an individual dies before any payment due him under this title is completed, payment of the amount due (including the amount of any unnegotiated checks) shall be made— “(1) to the person, if any, who is determined by the Secretary to be the surviving spouse of the deceased individual and who either (i) was living in the same household with the deceased at the time of his death or (ii) was, for the month in which the deceased individual died, entitled to a monthly benefit on the basis of the same wages and self-employment income as was the deceased individual; “(2) if there is no person who meets the requirements of paragraph (1), or if the person who meets such requirements dies before the payment due him under this title is completed, to the child or children, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(3) if there is no person who meets the requirements of paragraph (1) or (2), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); “(4) if there is no person who meets the requirements of paragraph (1), (2), or (3), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual; “(5) if there is no person who meets the requirements of paragraph (1), (2), (3), or (4), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person or persons, if any, determined by the Secretary to be the child or children of the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(6) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), or (5), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); or “(7) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), or (6), or if each person who meets such requirements dies before the payment due him under this title is completed, to the legal representative of the estate of the deceased individual, if any.” (b) The heading of section 1870 of such Act is amended by adding at the end thereof “AND SETTLEMENT OF CLAIMS FOR BENEFITS ON BEHALF OF DECEASED INDIVIDUALS”. (c) Section 1870 of such Act is amended by adding after subsection (d) the following new subsections: “(e) If an individual, who received services for which payment may be made to such individual under this title, dies, and payment for such services was made (other than under this title), and the individual died before any payment due him under this title with respect to such services was completed, payment of the amount due (including the amount of any unnegotiated checks) shall be made— “(1) if the payment for such services was made (before or after such individual’s death) by a person other than the deceased individual, to the person or persons determined by the Secretary under regulations to have paid for such services, or if the payment for such services was made by the deceased individual before his death, to the legal representative of the estate of such deceased individual, if any; “(2) if there is no person who meets the requirements of paragraph (1). to the person, if any, who is determined by the Secretary to be the surviving spouse of the deceased individual and who was either living in the same household with the deceased at the time of his death or was, for the month in which the deceased individual died, entitled to a monthly benefit on the basis of the same wages and self-employment income as was the deceased individual; “(3) if there is no person who meets the requirements of paragraph (1) or (2), or if the person who meets such requirements dies before the payment due him under this title is completed, to the child or children, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(4) if there is no person who meets the requirements of paragraph (1), (2), or (3), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual who were, for the month in which the deceased individual died, entitled to monthly benefits on the basis of the same wages and self-employment income as was the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); “(5) if there is no person who meets the requirements of paragraph (1), (2), (3), or (4), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person, if any, determined by the Secretary to be the surviving spouse of the deceased individual; “(6) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), or (5), or if each person who meets such requirements dies before the payment due him under this title is completed, to the person or persons, if any, determined by the Secretary to be the child or children of the deceased individual (and, in case there is more than one such child, in equal parts to each such child); “(7) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), or (6), or if each person who meets such requirements dies before the payment due him under this title is completed, to the parent or parents, if any, of the deceased individual (and, in case there is more than one such parent, in equal parts to each such parent); or “(8) if there is no person who meets the requirements of paragraph (1), (2), (3), (4), (5), (6), or (7), or if each person who meets such requirements dies before the payment due him under this title is completed, to the legal representatives of the estate of the deceased individual, if any. “(f) If an individual who received medical and other health services for which payment may be made under section 1832(a)(1) dies, 79 Stat. 302. 42 USC 1395k. and— “(1) no assignment of the right to payments was made by such individual before his death, and “(2) payment for such services has not been made, payment for such services shall be made to the physician or other person who provided such services, but payment shall be made under this subsection only in such amount and subject to such conditions as would have been applicable if the individual who received the services had not died, and only if the person or persons who provided the services agrees that the reasonable charge is the full charge for the services.” (d) Section 1842(b)(3)(B) of such Act (as amended by section 125(a) of this Act) is amended by striking out “and such payment will be made” and inserting in lieu thereof “and such payment Ante, p. 845. will (except as otherwise provided in section 1870(f)) be made”. Sec. 155. simplification of computation of primary insurance amount and quarters of coverage in case of 1937–1950 wages (a) (1) Section 215(d)(1) of the Social Security Act is amended to read as follows: “(d) “Primary Insurance Benefit Under 1939 Act (1) For purposes of column I of the table appearing in subsection (a) of this section, an individual’s primary insurance benefit shall be computed as follows: “(A) The individual’s average monthly wage shall be determined as provided in subsection (b)(but without regard to paragraph (4) thereof) of this section, except that for purposes of paragraph (2)(C) and (3) of such subsection, 1936 shall be used instead of 1950. “(B) For purposes of subparagraphs (B) and (C) of subsection (b)(2), an individual whose total wages prior to 1951 (as defined in subparagraph (C) of this subsection)— “(i) do not exceed $27,000 shall be deemed to have been paid such wages in equal parts in nine calendar years after 1936 and prior to 1951; “(ii) exceed $27,000 and are less than $42,000 shall be deemed to have been paid (I) $3,000 in each of such number of calendar years after 1936 and prior to 1951 as is equal to the integer derived by dividing such total wages by $3,000, and (II) the excess of such total wages over the product of $3,000 times such integer, in an additional calendar year in such period; or “(iii) are at least $42,000 shall be deemed to have been paid $3,000 in each of the fourteen calendar years after 1936 and prior to 1951. “(C) For the purposes of subparagraph (B), ‘total wages prior to 1951’ with respect to an individual means the sum of (i) remuneration credited to such individual prior to 1951 on the records of the Secretary, (ii) wages deemed paid prior to 1951 to such individual under section 217, and (iii) compensation under 42 USC 417. 50 Stat. 307. 45 USC 228a–228s–2. the Railroad Retirement Act of 1937 prior to 1951 creditable to him pursuant to this title. “(D) The individual’s primary insurance benefit shall be 45.6 per centum of the first $50 of his average monthly wage as computed under this subsection, plus 11.4 per centum of the next $200 of such average monthly wage.” (2) Section 215(d)(2) of such Act is amended to read as follows: “(2) The provisions of this subsection shall be applicable only in the case of an individual— “(A) with respect to whom at least one of the quarters elapsing prior to 1951 is a quarter of coverage; “(B) except as provided in paragraph (3), who attained age 22 after 1950 and with respect to whom less than six of the quarters elapsing after 1950 are quarters of coverage, or who attained such age before 1951; and “(C) (i) who becomes entitled to benefits under section 202(a) or 223 after the date of the enactment of the Social Security Amendments of 1967, or “(ii) who dies after such date without being entitled to benefits under section 202(a) or 223, or “(iii) whose primary insurance amount is required to be re-computed Post, p. 865 under section 215(f)(2).” (3) Section 215(d)(3) of such Act is amended to read as follows: 74 Stat. 962. 42 USC 415. “(3) The provisions of this subsection as in effect prior to the enactment of the Social Security Amendments of 1967 shall be applicable in the case of an individual— “(A) who attained age 21 after 1936 and prior to 1951, or “(B) who had a period of disability which began prior to 1951, but only if the primary insurance amount resulting therefrom is higher than the primary insurance amount resulting from the application of this section (as amended by the Social Security Amendments of 1967) and section 220.”. 42 USC 420. (4) So much of section 215(f)(2) of such Act as precedes subparagraph (E) is amended to read as follows: 79 Stat. 365. “(2) If an individual has wages or self-employment income for a year after 1965 for any part of which he is entitled to old-age insurance benefits, the Secretary shall, at such time or times and within such period as he may by regulations prescribe, recompute such individual’s primary insurance amount with respect to each such year. Such recomputation shall be made as provided in subsection (a)(1) and (3) as though the year with respect to which such recomputation is made is the last year of the period specified in subsection (b)(2)(C). A recomputation under this paragraph with respect to any year shall be effective—” (5) Subparagraphs (E) and (F) of such section 215(f)(2) are redesignated as subparagraphs (A) and (B), respectively. (6) Section 215(f) of such Act is further amended by adding at the 64 Stat. 509; 79 Stat. 365. end thereof the following new paragraph: “(5) In the case of a man who became entitled to old-age insurance benefits and died before the month in which he attained age 65, the Secretary shall recompute his primary insurance amount as provided in subsection (a) as though he became entitled to old-age insurance benefits in the month in which he died; except that (i) his computation base years referred to in subsection (b)(2) shall include the year in which he died, and (ii) his elapsed years referred to in subsection (b)(3) shall not include the year in which he died or any year thereafter. Such recomputation of such primary insurance amount shall be effective for and after the month in which he died.” (7) (A) The amendments made by paragraphs (4) and (5) shall apply with respect to recomputations made under section 215(f)(2) of the Social Security Act after the date of the enactment of this Act. (B) The amendment made by paragraph (6) shall apply with respect to individuals who die after the date of enactment of this Act. (8) In any case in which— (A) any person became entitled to a monthly benefit under section 202 or 223 of the Social Security Act after the date of 42 USC 402, 423. enactment of this Act and before February 1968, and (B) the primary insurance amount on which the amount of such benefit is based was determined by applying section 215(d) of the Social Security Act as amended by this Act, Ante, p. 864. such primary insurance amount shall, for purposes of section 215(c) Ante, p. 827. f the Social Security Act. as amended by this Act, be deemed to have been computed on the basis of the Social Security Act in effect prior to the enactment of this Act. (9) The amendment made by paragraphs (1) and (2) shall not apply with respect to monthly benefits for any month prior to January 1967. (b) (1) Section 213 of the Social Security Act is amended by adding 64 Stat. 504. 42 USC 413. at the end thereof the following new subsection: “(c) “Alternative Method for Determining Quarters of Coverage With Respect to Wages in the Period from 1937 to 1950 For purposes of section 214(a), an individual shall be deemed to have one quarter of coverage for each $400 of his total wages prior Ante, p. 864. to 1951 (as defined in section 215(d)(1)(C)), except where— “(1) such individual is not a fully insured individual on the basis of the number of quarters of coverage so derived plus the number of quarters of coverage derived from the wages and self-employment income credited to him for periods after 1950, or “(2) such individual’s elapsed years (for purposes of section 214(a)(1)) are less than 7.” (2) The amendment made by paragraph (1) shall apply only in the case of an individual who applies for benefits under section 202(a) of the Social Security Act after the date of the enactment of this Act, or who dies after such date without being entitled to benefits under 42 USC 402, 423. 74 Stat. 964; 79 Stat. 366. 42 USC 415 note. section 202(a) or 223 of the Social Security Act. (c) Section 303(g)(1) of the Social Security Amendments of 1960 is amended— (1) by striking out “section 302 of” and by striking out “Amendments of 1965” and inserting in lieu thereof “Amendments of 1965 and 1967” in the first sentence; and (2) by striking out “after 1965, or dies after 1965” and inserting in lieu thereof “after the date of the enactment of the Social Security Amendments of 1967, or dies after such date”, and by striking out “Amendments of 1965” and inserting in lieu thereof “Amendments of 1967”, in the second sentence. Sec. 156. definitions of widow, widower, and stepchild (a) Section 216 (c) of the Social Security Act is amended by striking out “not less than one year” in clause (5) and inserting in lieu thereof “not less than nine months”. (b) The first sentence of section 216 (e) of such Act is amended by striking out “the day on which such individual died” and inserting in lieu thereof “not less than nine months immediately preceding the day on which such individual died”. (c) Section 216 (g) of such Act is amended by striking out “not less than one year” in clause (5) and inserting in lieu thereof “not less than nine months”. (d) Section 216 of such Act is further amended by adding at the end thereof the following new subsection: “(k) “Waiver of Nine-Month Requirement for Widow, Stepchild, or Widower in Case of Accidental Death or in Case of Serviceman Dying in Line of Duty The requirement in clause (5) of subsection (c) or clause (5) of subsection (g) that the surviving spouse of an individual have been married to such individual for a period of not less than nine months immediately prior to the day on which such individual died in order to qualify as such individual’s widow or widower, and the requirement in subsection (e) that the stepchild of a deceased individual have been such stepchild for not less than nine months immediately preceding the day on which such individual died in order to qualify as such individual’s child, shall be deemed to be satisfied, where such individual dies within the applicable nine-month period, if his death— “(1) is accidental, or “(2) 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; 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 (1) of the preceding sentence, 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.” (e) The amendments made by this section shall apply with respect to monthly benefits under title II of the Social Security Act for 42 USC 401–428; Ante, p. 833. months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 157. husband’s and widower’s insurance benefits without requirement of wife’s currently insured status (a) (1) Section 202(c)(1) of the Social Security Act 64 Stat. 483. 42 USC 402. is amended by striking out “a currently insured individual (as defined in section 214(b))” in the matter preceding subparagraph (A) and inserting in lieu thereof “an individual”. (2) Section 202(c)(2) of such Act is amended by striking out 72 Stat. 1026. “The requirement in paragraph (1) that the individual entitled to old-age or disability insurance benefits be a currently insured individual, and the provisions of subparagraph (C) of such paragraph,” and inserting in lieu thereof “The provisions of subparagraph (C) of paragraph (1)”. (b) (1) Section 202(f)(1) of such Act is amended— 64 Stat. 485. (A) by striking out “and currently” in the matter preceding subparagraph (A),and (B) by striking out “, and she was a currently insured individual,” in subparagraph (D)(ii). 72 Stat. 1023. (2) Section 202(f)(2) of such Act is amended by striking out “The requirement in paragraph (1) that the deceased fully insured individual also be a currently insured individual, and the provisions of subparagraph (D) of such paragraph,” and inserting in lieu thereof “The provisions of subparagraph (D) of paragraph (1)”. (c) In the case of any husband who would not be entitled to husband’s insurance benefits under section 202(c) of the Social Security Act or any widower who would not be entitled to widower’s insurance benefits under section 202(f) of such Act except for the enactment of this section, the requirement in section 202(c)(1)(C) or 202(f)(1)(D) of such Act relating to the time within which proof of support must be filed shall not apply if such proof of support is filed within two years after the month following the month in which this Act is enacted. (d) The amendments made by this section shall apply with respect to monthly benefits payable under title II of the Social Security Act for months after January 1968, but only on the basis of applications filed in or after the month in which this Act is enacted. Sec. 158. definition of disability (a) Section 223(c) of the Social Security Act is 70 Stat. 815. 42 USC 423. amended— (1) by inserting “of Insured Status and Waiting Period” after “Definitions” in the heading; (2) by striking out paragraph (2); and (3) by redesignating paragraph (3) as paragraph (2). (b) Section 223 of such Act is further amended by adding at the end thereof the following new subsection: “(d) “Definition of Disability (1) The term ‘disability’ means— “(A) inability to engage in any substantial gainful activity by reason of any medically determinable physical or mental impairment which can be expected to result in death or which has tasted or can be expected to last for a continuous period of not less than 12 months; or “(B) in the case of an individual who has attained the age of 55 and is blind (within the meaning of ‘blindness’ as defined 42 USC 416. in section 216(i)(1)), inability by reason of such blindness to engage in substantial gainful activity requiring skills or abilities comparable to those of any gainful activity in which he has previously engaged with some regularity and over a substantial period of time. “(2) For purposes of paragraph (1)(A)— “(A) an individual (except a widow, surviving divorced wife, or widower for purposes of section 202 (e) or (f)) shall be determined to be under a disability only if his physical or mental impairment or impairments are of such severity that he is not only unable to do his previous work but cannot, considering his age, education, and work experience, engage in any other kind of substantial gainful work which exists in the national economy, regardless of whether such work exists in the immediate area in which he lives, or whether a specific job vacancy exists for him, or whether he would be hired if he applied for work. For purposes of the preceding sentence (with respect to any individual), ‘work which exists in the national economy’ means work which exists in significant numbers either in the region where such individual lives or in several regions of the country. “(B) A widow, surviving divorced wife, or widower shall not be determined to be under a disability (for purposes of section 202 (e) or (f)) unless his or her physical or mental impairment or impairments are of a level of severity which under regulations prescribed by the Secretary is deemed to be sufficient to preclude an individual from engaging in any gainful activity. “(3) For purposes of this subsection, a ‘physical or mental impairment’ is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. “(4) The Secretary shall by regulations prescribe the criteria for determining when services performed or earnings derived from services demonstrate an individual’s ability to engage in substantial gainful activity. Notwithstanding the provisions of paragraph (2), an individual whose services or earnings meet such criteria shall, except for purposes of section 222(c), be found not to be disabled. “(5) An individual shall not be considered to be under a disability unless he furnishes such medical and other evidence of the existence thereof as the Secretary may require.” (c) (1) Section 202(d)(1)(B) of such Act is amended by striking out “section 223(c)” and inserting in lieu thereof “section 223(d)”. (2) Paragraphs (1), (2), and (3) of section 202(s) of such Act are each amended by striking out “section 223(c)” and inserting in lieu thereof “section 223(d)”. (3) Section 221(a) of such Act is amended by striking out “or 70 Stat. 818. 42 USC 421. 223(c)” and inserting in lieu thereof “or 223(d)”. (4) Section 221(c) of such Act is amended by striking out “or 223(c)” and inserting in lieu thereof “or 223(d)”. (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)”. (6) Section 223(a)(1)(D) of such Act is amended by striking out 70 Stat. 815. 42 USC 423. “subsection (c)(2)” and inserting in lieu thereof “subsection (d)”. (7) The first sentence of section 223(a)(1) of such Act is further amended by striking out “subsection (c)(3)” and inserting in lieu thereof “subsection (c)(2)”. (8) The last sentence of section 223(a)(1) is amended by striking 79 Stat. 413. 42 USC 423. out “subsection (c)(2) except for subparagraph (B) thereof” and inserting in lieu thereof “subsection (d) except for paragraph (1)(B) thereof”. (9) Section 225 of such Act is amended by striking out “section 70 Stat. 817. 42 USC 425. 223(c)(2)” and inserting in lieu thereof “section 223(d)”. (d) Section 216(i)(1) of such Act is amended by striking out the 68 Stat. 1080. 42 USC 416. third sentence and inserting in lieu thereof the following: “The provisions of paragraphs (2)(A), (3), (4), and (5) of section 223(d) shall Ante, p. 868. be applied for purposes of determining whether an individual is under a disability within the meaning of the first sentence of this paragraph in the same manner as they are applied for purposes of paragraph (1) of such section.” (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, and 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 the applicant has not died before such month and 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 month) 53 Stat. 1370. 42 USC 405. and the decision in such civil action has not become final before such month. Sec. 159. disability benefits affected by receipt of workmen’s compensation (a) (1) The last sentence of section 224(a) of the Social Security Act is amended by inserting after “his wages and self-employment 79 Stat. 406. 42 USC 424a. income” where it first appears in clause (B) the following: “(computed without regard to the limitations specified in sections 209(a) and 211(b)(1))”. 42 USC 409, 411. (2) Section 224(a) of such Act is further amended by adding at the end thereof the following: “In any case where an individual’s wages and self-employment income reported to the Secretary for a calendar year reach the limitations specified in sections 209(a) and 211(b)(1), the Secretary under regulations shall estimate the total of such wages and self-employment income for purposes of clause (B) of the preceding sentence on the basis of such information as may be available to him indicating the extent (if any) by which such wages and self-employment income exceed such limitations.” (b) (1) The amendments made by subsection (a) shall apply only with respect to monthly benefits under title II of the Social Security Act for months after January 1968. 42 USC 401–428; Ante, p. 833. (2) For purposes of any redetermination which is made under section 224(f) of the Social Security Act in the case of benefits subject to reduction under section 224 of such Act, where such reduction as first computed was effective with respect to benefits for the month in which this Act is enacted or a prior month, the amendments made by subsection (a) of this section shall also be deemed to have applied in the initial determination of the “average current earnings” of the individual whose wages and self-employment income are involved. Sec. 160. extension of time for filing reports of earnings (a) Section 203(h)(1)(A) of the Social Security Act is amended by adding at the end thereof the following new sentence: “The Secretary may grant a reasonable extension of time for making the report of earnings required in this paragraph if he finds that there is valid reason for a delay, but in no case may the period be extended more than three months.” (b) Section 203(h)(2) of such Act is amended by striking out “within the time prescribed therein” and inserting in lieu thereof “within the time prescribed by or in accordance with such paragraph” Sec. 161. penalties for failure to file timely reports of earnings and other events (a) Section 203(h)(2)(A) of the Social Security Act is amended by inserting before the semicolon at the end thereof the following: “, except that if the deduction imposed under subsection (b) by reason of his earnings for such year is less than the amount of his benefit (or benefits) for the last month of such year for which he was 42 USC 402. entitled to a benefit under section 202, the additional deduction shall be equal to the amount of the deduction imposed under subsection (b) but not less than $10”. (b) Section 203(g) of such Act is amended by striking out all that follows “shall suffer” and inserting in lieu thereof the following: “deductions in addition to those imposed under subsection (c) as follows: “(1) if such failure is the first one with respect to which an additional deduction is imposed by this subsection, such additional deduction shall be equal to his benefit or benefits for the first month of the period for which there is a failure to report even though such failure is with respect to more than one month; “(2) if such failure is the second one with respect to which an additional deduction is imposed by this subsection, such additional deduction shall be equal to two times his benefit or benefits for the first month of the period for which there is a failure to report even though such failure is with respect to more than two months; and “(3) if such failure is the third or a subsequent one for which an additional deduction is imposed under this subsection, such additional deduction shall be equal to three times his benefit or benefits for the first month of the period for which there is a failure to report even though the failure to report is with respect to more than three months; except that the number of additional deductions required by this subsection shall not exceed the number of months in the period for which there is a failure to report. As used in this subsection, the term ‘period for which “Period for which there is a failure to report.” there is a failure to report’ with respect to any individual means the period for which such individual received and accepted 42 USC 402. insurance benefits under section 202 without making a timely report and for which deductions are required under subsection (c).” (c) The amendments made by this section shall apply with respect to any deductions imposed on or after the date of the enactment of this Act under subsections (g) and (h) of section 203 of the Social Security Act. on account of failure to make a report required thereby. 42 USC 403. Sec. 162. limitation on payment of benefits to aliens outside the united states (a) (1) Section 202(t)(1) of the Social Security Act is 70 Stat. 835. 42 USC 402. amended by adding at the end thereof (after and below subparagraph (B)) the following new sentence: “For purposes of the preceding sentence, after an individual has been outside the United States for any period of thirty consecutive days he shall be treated as remaining outside the United States until he has been in the United States for a period of thirty consecutive days.” (2) The amendment made by paragraph (1) shall apply only with respect to six-month periods (within the meaning of section 202(t)(1)(A) of the Social Security Act) which begin after the date of the enactment of this Act. (b) (1) Section 202(t)(4) of such Act is amended— 70 Stat. 835; 72 Stat. 1783. (A) by striking out the period at the end of subparagraph (E) and inserting in lieu thereof a semicolon; and (B) by adding at the end thereof (after and below subparagraph (E)) the following: “except that subparagraphs (A) and (B) of this paragraph shall not apply in the case of any individual who is a citizen of a foreign country that has in effect a social insurance or pension system which is of general application in such country and which satisfies subparagraph (A) but not subparagraph (B) of paragraph (2), or who is a citizen of a foreign country that has no social insurance or pension system of general application if at any time within five years prior to the month in which the Social Security Amendments of 1967 are enacted (or the first month thereafter for which his benefits are subject to suspension under paragraph (1)) payments to individuals residing in such country were withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123).” 54 Stat. 1086; 56 Stat. 1028. (2) The amendment made by paragraph (1) shall apply only with respect to monthly benefits under title II of the Social Security Act 42 USC 401–428; Ante. p. 833. for months beginning after June 30, 1968. (c) (1) Section 202(t) of such Act is further amended by adding 70 Stat. 835; 79 Stat. 334. at the end thereof the following new paragraph: “(10) Notwithstanding any other provision of this title, no monthly benefits shall be paid under this section or under section 223, for any month beginning after June 30, 1968, to an individual who is not a citizen or national of the United States and who resides during such month in a foreign country if payments for such month to individuals residing in such country are withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123).” (2) Section 202(t)(6) of such Act is amended by striking out “by reason of paragraph (1)” and inserting in lieu thereof “by reason of paragraph (1) or (10)”. (3) Whenever benefits which an individual who is not a citizen or national of the United States was entitled to receive under title II of the Social Security Act are. on June 30, 1968, being withheld by the Treasury Department under the first section of the Act of October 9, 1940 (31 U.S.C. 123), any such benefits, payable to such individual for months after the month in which the determination by the Treasury Department that the benefits should be so withheld was made, shall not be paid— (A) to any person other than such individual, or, if such individual dies before such benefits can be paid, to any person other than an individual who was entitled for the month in which the deceased individual died (with the application of section 202(j)(1) of the Social Security Act) to a monthly benefit under title 42 USC 401–428; Ante, p. 833. II of such Act on the basis of the same wages and self-employment income as such deceased individual, or (B) in excess of the equivalent of the last twelve months’ benefits that would have been payable to such individual. Sec. 163. benefit’s for certain children (a) (1) The last sentence of section 203(a) of the 72 Stat. 1017. 42 USC 403. Social Security Act is amended to read as follows: “Whenever a reduction is made under this subsection in the total of monthly benefits to which individuals are entitled for any month on the basis of the wages and self-employment income of an insured individual, each such benefit other than the old-age or disability insurance benefit shall be proportionately decreased: except that if such total of benefits for such month 42 USC 402. 42 USC 416. includes any benefit or benefits under section 202(d) which are payable solely by reason of section 216(h)(3), the reduction shall be first applied to reduce (proportionately where there is more than one benefit so payable) the benefits so payable (but not below zero).” (2) The amendment made by paragraph (1) shall apply only with respect to monthly benefits payable under title II of the Social Security Act with respect to individuals who become entitled to benefits under section 202(d) of such Act solely by reason of section 216(h)(3) of such Act in or after January 1968 (but without regard to section 202(j)(1) of such Act). The provisions of section 170 of this Act shall not apply with respect to any such individual. (b) Where— (1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for January 1968 on the basis of the wages and self-employment income of an individual, and (2) one or more persons became entitled to monthly benefits before January 1968 under section 202(d) of such Act by reason of section 216(h)(3) of such Act (but without regard to section 202(j)(1)), on the basis of such wages and self-employment income and are so entitled for January 1968, and (3) the total of benefits to which all persons are entitled under such section 202 or 223 of such Act on the basis of such wages and self-employment for January 1968 are reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but 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) above (but not including persons referred to in paragraph (2) above) is entitled for months after January 1968 shall be increased, after the application of such section 203 (a), to the amount it would have been if the person or persons referred to in paragraph (2) were not entitled to a benefit referred to in such paragraph (2). Sec. 164. transfer to health insurance benefits advisory council of national medical review committee functions; increase in council’s membership (a) Section 1867 of the Social Security Act is amended to 79 Stat. 329. 42 USC 1395dd. read as follows: “Sec. 1867. “health insurance benefits advisory council (a) There is hereby created a Health Insurance Benefits Membership. Advisory Council which shall consist of 19 persons, not otherwise in the employ of the United States, appointed by the Secretary without regard to the provisions of title 5, United States Code, governing appointments 80 Stat. 417. 5 USC 3301 et seq. in the competitive service. The Secretary shall from time to time appoint one of the members to serve as Chairman. The members shall include persons who are outstanding in fields related to hospital, medical, and other health activities, persons who are representative of organizations and associations of professional personnel in the field of medicine, and at least one person who is representative of the general public. Each member shall hold office for a term of 4 years, Term of office. except that any member appointed to fill a vacancy occurring prior to the expiration of the term for which his predecessor was appointed shall be appointed for the remainder of such term. A member shall not be eligible to serve continuously for more than 2 terms. The Secretary may, at the request of the Advisory Council or otherwise, appoint such special advisory professional or technical committees as may be useful in carrying out this title. Members of the Advisory Council and members Compensation, travel expenses. of any such advisory or technical committee, while attending meetings or conferences thereof or otherwise serving on business of the Advisory Council or of such committee, shall be entitled to receive compensation at rates fixed by the Secretary, but not exceeding $100 per day, including travel time, and while so serving away from their homes or regular places of business they may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by section 5703 of title 5, United States Code, for persons in the Government 80 Stat. 499. service employed intermittently. The Advisory Council shall meet as frequently as the Secretary deems necessary. Upon request of 5 or more members, it shall be the duty of the Secretary to call a meeting of the Advisory Council. “(b) It shall be the function of the Advisory Council (1) to advise Duties. the Secretary on matters of general policy in the administration of this title and in the formulation of regulations under this title, and (2) to study the utilization of hospital and other medical care and services for which payment may be made under this title with a view to recommending any changes which may seem desirable in the way in which such care and services are utilized or in the administration of the programs established by this title, or in the provisions of this title. The Report to Congress. Advisory Council shall make an annual report to the Secretary on the performance of its functions, including any recommendations it may have with respect thereto, and such report shall be transmitted promptly by the Secretary to the Congress. “(c) The Advisory Council is authorized to engage such technical assistance as may be required to carry out its functions, and the Secretary shall, in addition, make available to the Advisory Council such secretarial, clerical, and other assistance and such pertinent data obtained and prepared by the Department of Health, Education, and Welfare as the Advisory Council may require to carry out its functions.” (b) The amendment made by subsection (a) shall not be construed as affecting the terms of office of the members of the Health Insurance Benefits Advisory Council in office on the date of the enactment of this Act or their successors. The terms of office of the three additional members of the Health Insurance Benefits Advisory Council first appointed pursuant to the increase in the membership of such Council provided by such amendment shall expire, as designated by the Secretary at the time of appointment, one at the end of the first year, one at the end of the second year, and one at the end of the third year after the date of appointment. (c) Section 1868 of the Social Security Act is repealed. Sec. 165. advisory council on social security (a) (1) Section 706(a) of the Social Security Act is amended by striking out “During 1968 and every fifth year thereafter” and inserting in lieu thereof “During 1969 (but not before February 1, 1969) and every fourth year thereafter (but not before February 1 of such fourth year)”. (2) Section 706(d) such Act is amended by striking out “reports of its” and inserting in lieu thereof “reports (including any interim reports such Council may have issued) of its”. (b) Section 706(b) of such Act is amended by striking out “shall consist of the Commissioner of Social Security, as Chairman, and 12 other persons, appointed by the Secretary” and inserting in lieu thereof “shall consist of a Chairman and 12 other persons, appointed by the Secretary”. Sec. 166. reimbursement of civil service retirement annuitants for certain premium payments under supplementary medical insurance program Section 1840(e)(1) of the Social Security Act is amended by adding at the end thereof the following new sentence: “A plan 80 Stat. 602. described in section 8903 of title 5, United States Code, may reimburse each annuitant enrolled in such plan an amount equal to the premiums paid by him under this part if such reimbursement is paid entirely from funds of such plan which are derived from sources other than the contributions described in section 8906 of such title.” Sec. 167. appropriations to supplementary medical insurance trust fund (a) Section 1844 (a) of the Social Security Act is amended to read as follows: “(a) There are authorized to be appropriated from time to time, out of any moneys in the Treasury not otherwise appropriated, to the 42 USC 1395t. Federal Supplementary Medical Insurance Trust Fund— “(1) a Government contribution equal to the aggregate premiums payable under this part and deposited in the Trust Fund, and “(2) such sums as the Secretary deems necessary to place the Trust Fund, at the end of any fiscal year occurring after June 30, 1967, in the same position in which it would have been at the end of such fiscal year if (A) a Government contribution representing the excess of the premiums deposited in the Trust Fund during the fiscal year ending June 30, 1967, over the Government contribution actually appropriated to the Trust Fund during such fiscal year had been appropriated to it on June 30, 1967, and (B) the Government contribution for premiums deposited in the Trust Fund after June 30, 1967, had been appropriated to it when such premiums were deposited.” (b) Section 1844(b) of such Act is amended by striking out “1967” and inserting in lieu thereof “1969”. Sec. 168. disclosure to courts of whereabouts of certain individuals (a) Section 1106(c)(1) of the Social Security Act is 79 Stat. 411. 42 USC 1306. amended by inserting “(A)” after “(c)(1)”, by redesignating subparagraphs (A) through (D) as clauses (i) through (iv), respectively, and by adding at the end thereof the following new subparagraph: “(B) If a request for the most recent address of any individual so included is filed (in accordance with paragraph (2) of this subsection) by a court having jurisdiction to issue orders or entertain petitions against individuals for the support and maintenance of their children, the Secretary shall furnish such address, or the address of the individual’s most recent employer, or both, for the use of the court (and for no other purpose) in issuing or determining whether to issue such an order against such individual or in determining (in the event such individual is not within the jurisdiction of the court) the court to which a petition for support and maintenance against such individual should be forwarded under any reciprocal arrangements with other States to obtain or improve court orders for support, if the court certifies that the information is requested for such use.” (b) (1) Section 1106(c)(2) of such Act is amended by striking out “, and shall be accompanied” and all that follows and inserting in lieu thereof “(and, in the case of a request under paragraph (1)(A), shall be accompanied by a certified copy of the order referred to in clauses (i) and (iv) thereof).” (2) Section 1106(c)(3) of such Act is amended by striking out “authorized by subparagraph (D) thereof” and inserting in lieu thereof “authorized by subparagraph (A)(iv) or (B) thereof”. Sec. 169. reports of boards of trustees to congress (a) Sections 201(c)(2), 1817(b)(2), and 1841(b)(2) of the Social Security Act are each amended by striking out “March” and 70 Stat. 521; 79 Stat. 300, 308. 42 USC 401, 1395i, 1395t. inserting in lieu thereof “April”. (b) Section 201(c) of such Act is amended by inserting immediately before the last sentence the following new sentence: “Such report shall also include an actuarial analysis of the benefit disbursements made from the Federal Old-Age and Survivors Insurance Trust Fund with respect to disabled beneficiaries.” Sec. 170. general saving provision Where— (1) one or more persons were entitled (without the application of section 202(j)(1) of the Social Security Act) to monthly benefits under section 202 or 223 of such Act for January 1968 on 64 Stat. 487. 42 USC 402. 42 USC 423. the basis of the wages and self-employment income of an individual, and (2) one or more persons (not included in paragraph (1)) become entitled to monthly benefits under such section 202 for February 1968 on the basis of such wages and self-employment by reason of the amendments made to such Act by sections 104, 112, 150, 151, 156, and 157 of this Act, and (3) the total of benefits to which all persons are entitled under such section 202 or 223 on the basis of such wages and self-employment for February 1968 are reduced by reason of section 203(a) of such Act, as amended by this Act (or would, but 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 January 1968 shall be increased, after the application of such section 203(a), to the amount it would have been if the person or persons referred to in paragraph (2) were not entitled to a benefit referred to in such paragraph. Sec. 171. expedited benefit payments (a) Section 205 of the Social Security Act is amended by adding at the end thereof the following new subsection: “(q) “Expedited Benefit Payments (1) The Secretary shall establish and put into effect procedures under which expedited payment of monthly insurance benefits under this title will, subject to paragraph (4) of this subsection, be made as set forth in paragraphs (2) and (3) of this subsection. “(2) In any case in which— “(A) an individual makes an allegation that a monthly benefit under this title was due him in a particular month but was not paid to him. and “(B) such individual submits a written request for the payment of such benefit— “(i) in the case of an individual who received a regular monthly benefit in the month preceding the month with respect to which such allegation is made, not less than 30 days after the 15th day of the month with respect to which such allegation is made (and in the event that such request is submitted prior to the expiration of such 30-day period, it shall be deemed to have been submitted upon the expiration of such period), and “(ii) in any other case, not less than 90 days after the later of (I) the date on which such benefit is alleged to have been due, or (II) the date on which such individual furnished the last information requested by the Secretary (and such written request, will be deemed to be filed on the day on which it was filed, or the ninetieth day after the first day on which the Secretary has evidence that such allegation is true, whichever is later), the Secretary shall, if he finds that benefits are due, certify such benefits for payment, and payment shall be made within 15 days immediately following the date on which the written request is deemed to have been filed. “(3) In any case in which the Secretary determines that there is evidence, although additional evidence might be required for a final decision, that an allegation described in paragraph (2)(A) is true, he may make a preliminary certification of such benefit for payment even though the 30-day or 90-day periods described in paragraph (2)(B)(i) and (B)(ii) have not elapsed. “(4) Any payment made pursuant to a certification under paragraph (3) of this subsection shall not be considered an incorrect payment for purposes of determining the liability of the certifying or disbursing officer. “(5) For purposes of this subsection, benefits payable under section 228 shall be treated as monthly insurance benefits payable under this title. However, this subsection shall not apply with respect to any benefit for which a check has been negotiated, or with respect to any 42 USC 423, 402. benefit alleged to be due under either section 223, or section 202 to a wife, husband, or child of an individual entitled to or applying for benefits under section 223, or to a child who has attained age 18 and is under a disability, or to a widow or widower on the basis of being under a disability.” (b) The amendment made by subsection (a) of this section shall be effective with respect to written requests filed under section 205(q) of the Social Security Act after June 30, 1968. Sec. 172. definition of blindness (a) The first sentence of section 216(i)(1) of the Social Security Act is amended by striking out “(B)” and all that follows 42 USC 416. and inserting in lieu thereof “(B) blindness; and the term ‘blindness’ means central visual acuity of 20/200 or less in the better eye with the use of a correcting lens.” (b) The second sentence of section 216(i)(1) of such Act is amended to read as follows: “An eve which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered for purposes of this paragraph as having a central visual acuity of 20/200 or less.” (c) The amendments made by this section shall be effective with respect to benefits under section 223 of the Social Security Act for 42 USC 423. months after January 1968 based on applications filed after the date of enactment of this Act and with respect to disability determinations under section 216(i) of the Social Security Act based on applications filed after the date of enactment of this Act. Sec. 173. attorneys fees for claimants Section 206(a) of the Social Security Act is amended by 42 USC 406. inserting, immediately before the last sentence thereof, the following new sentences: “Whenever the Secretary, in any claim before him for benefits under this title, makes a determination favorable to the claimant. he shall, if the claimant was represented by an attorney in connection with such claim, fix (in accordance with the regulations prescribed pursuant to the preceding sentence) a reasonable fee to compensate such attorney for the services performed by him in connection with such claim. If as a result of such determination, such claimant is entitled to past-due benefits under this title, the Secretary shall, notwithstanding section 205(i), certify for payment (out of such past-due 42 USC 405. benefits) to such attorney an amount equal to whichever of the following is the smaller: (A) 25 per centum of the total amount of such past-due benefits, (B) the amount of the attorney’s fee so fixed, or (C) the amount agreed upon between the claimant and such attorney as the fee for such attorney’s services.”

5. 1972

   Social Security Amendments of 1972

   Pub. L. 92–603 title I § 107(b)(5) · 86 Stat. 1329

   Substituted · 42 U.S.C. § 425

   Pub. L. 92–603 substituted “age 60” for “age 62”

   Source evidence

   Code amendment note
   Pub. L. 92–603 substituted “age 60” for “age 62”.

   Enacted provision · exact public law section
   (5) Section 225 of such Act is amended by striking out “age 62” and 42 USC 425. inserting in lieu thereof “age 60”.

6. 1980

   Social Security Disability Amendments of 1980

   Pub. L. 96–265 title III § 301(a) · 94 Stat. 441

   1. Amended · 42 U.S.C. § 425

      Pub. L. 96–265 designated existing provisions as subsec. (a), made conforming amendments in subsec. (a) as so designated

   2. Added · 42 U.S.C. § 425

      Pub. L. 96–265 added subsec. (b)

   Source evidence

   Code amendment note
   Pub. L. 96–265 designated existing provisions as subsec. (a), made conforming amendments in subsec. (a) as so designated, and added subsec. (b).

   Enacted provision · exact public law section
   (a) (1) Section 225 of the Social Security Act is amended by 42 USC 425. inserting “(a)” after “Sec. 225.”, and by adding at the end thereof the following new subsection: “(b) Notwithstanding any other provision of this title, payment to an individual of benefits based on disability (as described in the first sentence of subsection (a)) shall not be terminated or suspended because the physical or mental impairment, on which the individual’s entitlement to such benefits is based, has or may have ceased, if— “(1) such individual is participating in an approved vocational rehabilitation program under a State plan approved under title I of the Rehabilitation Act of 1973, and 29 USC 720. “(2) the Commissioner of Social Security determines that the completion of such program, or its continuation for a specified period of time, will increase the likelihood that such individual may (following his participation in such program) be permanently removed from the disability benefit rolls.”. (2) Section 225(a) of such Act (as designated under subsection (a) of Ante, p. 449. this section) is amended by striking out “this section” each place it appears and inserting in lieu thereof “this subsection”.

7. 1983

   Pub. L. 98–21 title III § 309(p) · 97 Stat. 65

   Inserted · 42 U.S.C. § 425(a)

   Pub. L. 98–21 inserted “or surviving divorced husband” after “widower”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 98–21 inserted “or surviving divorced husband” after “widower”.

   Enacted provision · exact public law section
   (p) Section 225(a) of such Act is amended by inserting “or surviving 42 USC 425. divorced husband” after “widower”.

8. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 5113(a)(1) · 104 Stat. 1388

   1. Added · 42 U.S.C. § 425(b)(1)

      Pub. L. 101–508, § 5113(a)(1), added par. (1)

   2. Struck · 42 U.S.C. § 425(b)(1)

      Pub. L. 101–508, § 5113(a)(1), struck out former par. (1) which read as follows: “such individual is participating in an approved vocational rehabilitation program under a State plan approved under title I of the Rehabilitation Act of 1973, and”

   Source evidence

   Code amendment note
   Subsec. (b)(1). Pub. L. 101–508, § 5113(a)(1), added par. (1) and struck out former par. (1) which read as follows: “such individual is participating in an approved vocational rehabilitation program under a State plan approved under title I of the Rehabilitation Act of 1973, and”.

   Enacted provision · exact public law section
   (1) by striking paragraph (1) and inserting the following new paragraph: “(1) such individual is participating in a program of vocational rehabilitation services approved by the Secretary, and”; and

9. 1990

   Omnibus Budget Reconciliation Act of 1990

   Pub. L. 101–508 § 5113(a)(2) · 104 Stat. 1388

   Substituted · 42 U.S.C. § 425(b)(2)

   Pub. L. 101–508, § 5113(a)(2), substituted “Secretary” for “Commissioner of Social Security”

   Source evidence

   Code amendment note
   Subsec. (b)(2). Pub. L. 101–508, § 5113(a)(2), substituted “Secretary” for “Commissioner of Social Security”.

   Enacted provision · exact public law section
   (2) in paragraph (2), by striking “Commissioner of Social Security” and inserting “Secretary”.

10. 1994

    Pub. L. 103–296 § 201(a)(3)(A)(i) · 108 Stat. 1464

    Amended · 42 U.S.C. § 425

    Pub. L. 103–296, § 201(a)(3)(A)(i), amended section catchline

    Source evidence

    Code amendment note
    Pub. L. 103–296, § 201(a)(3)(A)(i), amended section catchline.

    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.”; and

11. 1994

    Pub. L. 103–296 § 201(a)(3)(A)(i) · 108 Stat. 1464

    Inserted · 42 U.S.C. § 425(a)

    Pub. L. 103–296, § 201(a)(3)(A)(i), inserted heading

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–296, § 201(a)(3)(A)(i), inserted heading.

    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.”; and

12. 1994

    Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464

    1. Substituted · 42 U.S.C. § 425(a)

       Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary”

    2. Substituted · 42 U.S.C. § 425(a)

       Pub. L. 103–296, § 107(a)(4), substituted “to the Commissioner” for “to him”

    3. Substituted · 42 U.S.C. § 425(a)

       Pub. L. 103–296, § 107(a)(4), substituted “the Commissioner’s” for “his”

    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” wherever appearing, “to the Commissioner” for “to him”, and “the Commissioner’s” for “his”.

    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”,

13. 1994

    Pub. L. 103–296 § 201(a)(3)(A)(ii) · 108 Stat. 1464

    Inserted · 42 U.S.C. § 425(b)

    Pub. L. 103–296, § 201(a)(3)(A)(ii), inserted heading

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 103–296, § 201(a)(3)(A)(ii), inserted heading.

    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.”; and

14. 1994

    Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464

    Substituted · 42 U.S.C. § 425(b)

    Pub. L. 103–296, § 107(a)(4), substituted “Commissioner of Social Security” for “Secretary” in pars. (1) and (2)

    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” in pars. (1) and (2).

    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”,

15. 1994

    Pub. L. 103–296 § 201(a)(3)(A)(iii) · 108 Stat. 1464

    Added · 42 U.S.C. § 425(c)

    Pub. L. 103–296, § 201(a)(3)(A)(iii), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–296, § 201(a)(3)(A)(iii), added subsec. (c).

    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.”; and

16. 1994

    Pub. L. 103–296 § 107(a)(4) · 108 Stat. 1464

    1. Added · 42 U.S.C. § 425(c)

       Pub. L. 103–296, § 107(a)(4), in subsec. (c) as added by Pub. L. 103–296, § 201(a)(3)(A)(iii)

    2. Substituted · 42 U.S.C. § 425(c)

       Pub. L. 103–296, § 107(a)(4), in subsec. (c) as substituted “Commissioner of Social Security” for “Secretary” wherever appearing

    3. Substituted · 42 U.S.C. § 425(c)

       Pub. L. 103–296, § 107(a)(4), in subsec. (c) as substituted “Commissioner’s” for “Secretary’s” wherever appearing

    Target inherited from the preceding amendment note.

    Source evidence

    Code amendment note
    Pub. L. 103–296, § 107(a)(4), in subsec. (c) as added by Pub. L. 103–296, § 201(a)(3)(A)(iii), substituted “Commissioner of Social Security” for “Secretary” wherever appearing and “Commissioner’s” for “Secretary’s” wherever appearing.

    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”,

17. 1996

    Senior Citizens’ Right to Work Act of 1996

    Pub. L. 104–121 title I § 105(a)(4) · 110 Stat. 847

    Struck · 42 U.S.C. § 425(c)

    Pub. L. 104–121 struck out subsec. (c) which related to nonpayment or termination of benefits where entitlement involved alcoholism or drug addiction

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 104–121 struck out subsec. (c) which related to nonpayment or termination of benefits where entitlement involved alcoholism or drug addiction.

    Enacted provision · exact public law section
    (4) Conforming amendment.— Subsection (c) of section 225 of such Act (42 U.S.C. 425(c)) is repealed.

18. 1999

    Pub. L. 106–170 title I § 101(b)(1)(D) · 113 Stat. 1860

    Substituted · 42 U.S.C. § 425(b)(1)

    Pub. L. 106–170 substituted “a program consisting of the Ticket to Work and Self-Sufficiency Program under section 1320b–19 of this title or another program of vocational rehabilitation services, employment services, or other support services” for “a program of vocational rehabilitation services”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 106–170 substituted “a program consisting of the Ticket to Work and Self-Sufficiency Program under section 1320b–19 of this title or another program of vocational rehabilitation services, employment services, or other support services” for “a program of vocational rehabilitation services”.

    Enacted provision · exact public law section
    (D) Section 225(b)(1) of such Act (42 U.S.C. 425(b)(1)) is amended by striking “a program of vocational rehabilitation services” and inserting “a program consisting of the Ticket to Work and Self-Sufficiency Program under section 1148 or another program of vocational rehabilitation services, employment services, or other support services”.

19. 2015

    <Social Security Benefit Protection and Opportunity Enhancement Act of 2015>

    Pub. L. 114–74 § 824(b)(1) · 129 Stat. 584

    Added · 42 U.S.C. § 425(c)

    Pub. L. 114–74, § 824(b)(1), added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 114–74, § 824(b)(1), added subsec. (c).

    Enacted provision · exact public law section
    (1) Amendment to title ii.— Section 225 of the Social Security Act (42 U.S.C. 425) is amended by adding at the end the following: “(c) Access to Information Held by Payroll Data Providers.— (1) The Determination. Commissioner of Social Security may require each individual who applies for or is entitled to monthly insurance benefits under subsections (d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), and (f)(1)(B)(ii) of section 202 and subsection (a)(1) of section 223 to provide authorization by the individual for the Commissioner to obtain from any payroll data provider (as defined in section 1184(c)(1)) any record held by the payroll data provider with respect to the individual whenever the Commissioner determines the record is needed in connection with a determination of initial or ongoing entitlement to such benefits. “(2) An authorization provided by an individual under this subsection shall remain effective until the earliest of— “(A) the rendering of a final adverse decision on the individual’s application or entitlement to benefits under this title; “(B) the termination of the individual’s entitlement to benefits under this title; or “(C) the express revocation by the individual of the authorization, in a written notification to the Commissioner. “(3) The Commissioner of Social Security is not required to furnish any authorization obtained pursuant to this subsection to the payroll data provider. “(4) The Commissioner shall inform any person who provides authorization pursuant to this clause of the duration and scope of the authorization. “(5) If an individual who applies for or is entitled to benefits under this title refuses to provide, or revokes, any authorization under this subsection, subsection (d) shall not apply to such individual beginning with the first day of the first month in which he or she refuses or revokes such authorization.” .

    Effective date note
    Pub. L. 114–74, title VIII, § 824(e), Nov. 2, 2015, 129 Stat. 610, provided that: “The amendments made by this section [enacting section 1320e–3 of this title and amending this section and section 1383 of this title] shall take effect on the date that is 1 year after the date of the enactment of this Act [Nov 2, 2015].”

20. 2015

    <Social Security Benefit Protection and Opportunity Enhancement Act of 2015>

    Pub. L. 114–74 § 824(c)(1) · 129 Stat. 584

    Added · 42 U.S.C. § 425(d)

    Pub. L. 114–74, § 824(c)(1), added subsec. (d)

    Source evidence

    Code amendment note
    Subsec. (d). Pub. L. 114–74, § 824(c)(1), added subsec. (d).

    Enacted provision · exact public law section
    (1) Amendment to title ii.— Section 225 of the Social Security (42 U.S.C. 425), as amended by subsection (b)(1), is further amended by adding at the end the following: “(d) An individual who has authorized the Commissioner of Social Security to obtain records from a payroll data provider under subsection (c) shall not be subject to a penalty under section 1129A for any omission or error with respect to such individual’s wages as reported by the payroll data provider.” .

    Effective date note
    Pub. L. 114–74, title VIII, § 824(e), Nov. 2, 2015, 129 Stat. 610, provided that: “The amendments made by this section [enacting section 1320e–3 of this title and amending this section and section 1383 of this title] shall take effect on the date that is 1 year after the date of the enactment of this Act [Nov 2, 2015].”

24 of 28 references resolved to an enrolled provision · 4 partial