dreamproit/uscode huggingface dataset:
42 U.S.C. § 300jj–16 (THE PUBLIC HEALTH AND WELFARE)
§ 300jj–16. Voluntary application and use of adopted standards and implementation specifications by private entities
(a) In general
Except as provided under section 13112 of the HITECH Act [42 U.S.C. 17902], nothing in such Act or in the amendments made by such Act shall be construed—
(1) to require a private entity to adopt or comply with a standard or implementation specification adopted under section 300jj–14 of this title; or
(2) to provide a Federal agency authority, other than the authority such agency may have under other provisions of law, to require a private entity to comply with such a standard or implementation specification.
(b) Rule of construction
Nothing in this part shall be construed to require that a private entity that enters into a contract with the Federal Government apply or use the standards and implementation specifications adopted under section 300jj–14 of this title with respect to activities not related to the contract.
(July 1, 1944, ch. 373, title XXX, § 3006, as added Pub. L. 111–5, div. A, title XIII, § 13101, Feb. 17, 2009, 123 Stat. 241.)
heading: Editorial Notes
heading: References in Text
text: The HITECH Act, referred to in subsec. (a), is title XIII of div. A and title IV of div. B of Pub. L. 111–5, Feb. 17, 2009, 123 Stat. 226, 467, also known as the Health Information Technology for Economic and Clinical Health Act. For complete classification of this Act to the Code, see Short Title of 2009 Amendment note set out under section 201 of this title and Tables.
42 U.S.C. § 300jj–17 (THE PUBLIC HEALTH AND WELFARE)
§ 300jj–17. Federal health information technology
(a) In general
The National Coordinator shall support the development and routine updating of qualified electronic health record technology (as defined in section 300jj of this title) consistent with subsections (b) and (c) and make available such qualified electronic health record technology unless the Secretary determines through an assessment that the needs and demands of providers are being substantially and adequately met through the marketplace.
(b) Certification
In making such electronic health record technology publicly available, the National Coordinator shall ensure that the qualified electronic health record technology described in subsection (a) is certified under the program developed under section 300jj–11(c)(3) of this title to be in compliance with applicable standards adopted under section 300jj–12(a)(2) 1 of this title.
(c) Authorization to charge a nominal fee
The National Coordinator may impose a nominal fee for the adoption by a health care provider of the health information technology system developed or approved under subsection 2 (a) and (b). Such fee shall take into account the financial circumstances of smaller providers, low income providers, and providers located in rural or other medically underserved areas.
(d) Rule of construction
Nothing in this section shall be construed to require that a private or government entity adopt or use the technology provided under this section.
(July 1, 1944, ch. 373, title XXX, § 3007, as added Pub. L. 111–5, div. A, title XIII, § 13101, Feb. 17, 2009, 123 Stat. 241; amended Pub. L. 114–255, div. A, title IV, § 4003(e)(2)(E), Dec. 13, 2016, 130 Stat. 1175.)
heading: Editorial Notes
heading: Amendments
text: 2016—Subsec. (b). Pub. L. 114–255 substituted “300jj–12(a)(2)” for “300jj–13(a)”.
42 U.S.C. § 300jj–18 (THE PUBLIC HEALTH AND WELFARE)
§ 300jj–18. Transitions
(a) ONCHIT
To the extent consistent with section 300jj–11 of this title, all functions, personnel, assets, liabilities, and administrative actions applicable to the National Coordinator for Health Information Technology appointed under Executive Order No. 13335 or the Office of such National Coordinator on the date before February 17, 2009, shall be transferred to the National Coordinator appointed under section 300jj–11(a) of this title and the Office of such National Coordinator as of February 17, 2009.
(b) National eHealth Collaborative
Nothing in sections 1 300jj–12 of this title or this subsection shall be construed as prohibiting the AHIC Successor, Inc. doing business as the National eHealth Collaborative from modifying its charter, duties, membership, and any other structure or function required to be consistent with section 2 300jj–12 and 300jj–13 3 of this title so as to allow the Secretary to recognize such AHIC Successor, Inc. as the HIT Advisory Committee.
(c) Consistency of recommendations
In carrying out section 300jj–12(b)(2) of this title, until recommendations are made by the HIT Advisory Committee,4 recommendations of the HIT Advisory Committee 4 shall be consistent with the most recent recommendations made by such AHIC Successor, Inc.
(July 1, 1944, ch. 373, title XXX, § 3008, as added Pub. L. 111–5, div. A, title XIII, § 13101, Feb. 17, 2009, 123 Stat. 241; amended Pub. L. 114–255, div. A, title IV, § 4003(e)(2)(A)(i), (iii), (F), Dec. 13, 2016, 130 Stat. 1174, 1175.)
heading: Editorial Notes
heading: References in Text
text: Executive Order No. 13335, referred to in subsec. (a), is set out as a note under section 300u of this title.
Section 300jj–13 of this title, referred to in subsec. (b), was repealed, and a new section 300jj–13 was enacted by Pub. L. 114–255, div. A, title IV, § 4003(e)(1), (f), Dec. 13, 2016, 130 Stat. 1168, 1175.
heading: Amendments
text: 2016—Subsec. (b). Pub. L. 114–255, § 4003(e)(2)(F)(i), struck out “or 300jj–13” after “Nothing in sections 300jj–12”.
Pub. L. 114–255, § 4003(e)(2)(A)(iii), substituted “HIT Advisory Committee” for “HIT Policy Committee or the HIT Standards Committee”.
Subsec. (c). Pub. L. 114–255, § 4003(e)(2)(F)(ii), substituted “300jj–12(b)(2)” for “300jj–13(b)(1)(A)”.
Pub. L. 114–255, § 4003(e)(2)(A)(i), substituted “HIT Advisory Committee” for “HIT Policy Committee” after “recommendations are made by the” and “HIT Advisory Committee” for “HIT Standards Committee” after “recommendations of the”. See section 300jj–12(a) of this title.
42 U.S.C. § 300mm–52 (THE PUBLIC HEALTH AND WELFARE)
§ 300mm–52. World Trade Center Health Registry
For the purpose of ensuring ongoing data collection relating to victims of the September 11, 2001, terrorist attacks, the WTC Program Administrator shall ensure that a registry of such victims is maintained that is at least as comprehensive as the World Trade Center Health Registry maintained under the arrangements in effect as of January 1, 2015, with the New York City Department of Health and Mental Hygiene.
(July 1, 1944, ch. 373, title XXXIII, § 3342, as added Pub. L. 111–347, title I, § 101, Jan. 2, 2011, 124 Stat. 3657; amended Pub. L. 114–113, div. O, title III, § 302(h), Dec. 18, 2015, 129 Stat. 3000.)
heading: Editorial Notes
heading: Amendments
text: 2015—Pub. L. 114–113 substituted “January 1, 2015” for “April 20, 2009”.
42 U.S.C. § 401a (THE PUBLIC HEALTH AND WELFARE)
§ 401a. Omitted
heading: Editorial Notes
heading: Codification
text: Section, acts Aug. 1, 1956, ch. 836, title I, § 116, 70 Stat. 833; Sept. 13, 1966, Pub. L. 86–778, title VII, § 704, 74 Stat. 994; July 30, 1965, Pub. L. 89–97, title I, § 109(b), 79 Stat. 340, which established an initial Advisory Council on Social Security Financing to review the status of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in relation to long term commitments to old-age, survivors, and disability insurance programs, appointed personnel and provided for their compensation, required a report of the findings and recommendations of the Council to be submitted to the Secretary of the Board of Trustees of the abovementioned Trust Funds not later than Jan. 1, 1959, at which time the Council terminated, provided for subsequent Advisory Councils to be appointed in 1963, 1966, and every fifth year thereafter and to submit reports to Congress, and required additional information be included in these reports, was omitted in view of the termination of the initial Advisory Council on submission of their report not later than Jan. 1, 1959, the repeal of subsec. (e) by Pub. L. 89–97, title I, § 109(b), July 30, 1965, 79 Stat. 340, which provided for the subsequent Advisory Councils, and the obsolescence of subsec. (f), which provided for additional information in reports to Congress, upon the repeal of subsec. (e).
42 U.S.C. § 405a (THE PUBLIC HEALTH AND WELFARE)
§ 405a. Regulations pertaining to frequency or due dates of payments and reports under voluntary agreements covering State and local employees; effective date
Notwithstanding any other provision of law, no regulation and no modification of any regulation, promulgated by the Secretary of Health and Human Services, after January 2, 1976, shall become effective prior to the end of the eighteen-month period which begins with the first day of the first calendar month which begins after the date on which such regulation or modification of a regulation is published in the Federal Register, if and insofar as such regulation or modification of a regulation pertains, directly or indirectly, to the frequency or due dates for payments and reports required under section 418(e) 1 of this title.
(Pub. L. 94–202, § 7, Jan. 2, 1976, 89 Stat. 1137; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.)
heading: Editorial Notes
heading: References in Text
text: Subsec. (e) of section 418 of this title, referred to in text, which related to payments and reports by States, was repealed, and subsec. (f) of section 418 of this title was redesignated as subsec. (e), by Pub. L. 99–509, title IX, § 9002(c)(1), Oct. 21, 1986, 100 Stat. 1971.
heading: Codification
text: Section was not enacted as part of the Social Security Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: “Secretary of Health and Human Services” substituted in text for “Secretary of Health, Education, and Welfare” pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Education.
heading: Time for Making Social Security Contributions With Respect to Covered State and Local Employees
text: Pub. L. 96–265, title V, § 503(c), June 9, 1980, 94 Stat. 471, provided that: “The provisions of section 7 of Public Law 94–202 [42 U.S.C. 405a] shall not be applicable to any regulation which becomes effective on or after July 1, 1980, and which is designed to carry out the purposes of subsection (a) of this section [amending section 418 of this title].”
42 U.S.C. § 407 (THE PUBLIC HEALTH AND WELFARE)
§ 407. Assignment of benefits
(a) In general
The right of any person to any future payment under this subchapter shall not be transferable or assignable, at law or in equity, and none of the moneys paid or payable or rights existing under this subchapter shall be subject to execution, levy, attachment, garnishment, or other legal process, or to the operation of any bankruptcy or insolvency law.
(b) Amendment of section
No other provision of law, enacted before, on, or after April 20, 1983, may be construed to limit, supersede, or otherwise modify the provisions of this section except to the extent that it does so by express reference to this section.
(c) Withholding of taxes
Nothing in this section shall be construed to prohibit withholding taxes from any benefit under this subchapter, if such withholding is done pursuant to a request made in accordance with section 3402(p)(1) of the Internal Revenue Code of 1986 by the person entitled to such benefit or such person’s representative payee.
(Aug. 14, 1935, ch. 531, title II, § 207, 49 Stat. 624; Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, 1372; Pub. L. 98–21, title III, § 335(a), Apr. 20, 1983, 97 Stat. 130; Pub. L. 105–277, div. J, title IV, § 4005(a), Oct. 21, 1998, 112 Stat. 2681–911.)
heading: Editorial Notes
heading: References in Text
text: The Internal Revenue Code of 1986, referred to in subsec. (c), is classified generally to Title 26, Internal Revenue Code.
heading: Codification
text: In subsec. (b), “April 20, 1983” substituted for “the date of the enactment of this section”, which was translated as meaning the date of enactment of this subsection, as the probable intent of Congress.
heading: Amendments
text: 1998—Subsec. (c). Pub. L. 105–277 added subsec. (c).
1983—Pub. L. 98–21 designated existing provisions as subsec. (a) and added subsec. (b).
1939—Act Aug. 10, 1939, amended section generally, incorporating provisions of former section 408 of this title.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of 1983 Amendment
text: Pub. L. 98–21, title III, § 335(c), Apr. 20, 1983, 97 Stat. 130, provided that: “The amendments made by subsection (a) [amending this section] shall apply only with respect to benefits payable or rights existing under the Social Security Act [42 U.S.C. 301 et seq.] on or after the date of the enactment of this Act [Apr. 20, 1983].”
heading: Effective Date of 1939 Amendment
text: Act Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, provided that the amendment made by that section is effective Jan. 1, 1940.
42 U.S.C. § 410a (THE PUBLIC HEALTH AND WELFARE)
§ 410a. Transferred
heading: Editorial Notes
heading: Codification
text: Section, act Aug. 29, 1935, ch. 812, § 17, as added June 24, 1937, ch. 382, Pt. I, § 1, 50 Stat. 317; amended Oct. 30, 1951, ch. 632, § 24, 65 Stat. 690, was transferred to section 228q of Title 45, Railroads, and subsequently superseded. See section 231q of Title 45.
42 U.S.C. § 418a (THE PUBLIC HEALTH AND WELFARE)
§ 418a. Voluntary agreements for coverage of Indian tribal council members
(a) Purpose of agreement
(1) The Commissioner of Social Security shall, at the request of any Indian tribe, enter into an agreement with such Indian tribe for the purpose of extending the insurance system established by this subchapter to services performed by individuals as members of such Indian tribe’s tribal council. Any agreement with an Indian tribe under this section applies to all members of the tribal council, and shall include all services performed by individuals in their capacity as council members.
(2) Notwithstanding section 410(a) of this title, for the purposes of this subchapter, the term “employment” includes any service included under an agreement entered into under this section.
(b) Definitions
For the purposes of this section:
(1) The term “member” means, with respect to a tribal council, an individual appointed or elected to serve as a member or the head of the tribal council.
(2) The term “tribal council” means the appointed or elected governing body of a federally recognized Indian tribe.
(c) Effective date of agreement
(1) Any agreement under this section shall be effective with respect to services performed after an effective date specified in such agreement, provided that such date may not be earlier than the first day of the next calendar month after the month in which the agreement is executed by both parties.
(2) At the request of the Indian tribe at the time of the agreement, such agreement may apply with respect to services performed before such effective date for which there were timely paid in good faith (and not subsequently refunded) 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 1986 had such services constituted employment for purposes of chapter 21 of such Code. No agreement under this section may require payment to be made after the effective date specified in such agreement of any taxes with respect to services performed before such effective date.
(d) Duration of agreement
No agreement under this section may be terminated on or after the effective date of the agreement.
(Aug. 14, 1935, ch. 531, title II, § 218A, as added Pub. L. 115–243, § 2(a), Sept. 20, 2018, 132 Stat. 2894.)
heading: Editorial Notes
heading: References in Text
text: The Internal Revenue Code of 1986, referred to in subsec. (c)(2), is classified generally to Title 26, Internal Revenue Code.
heading: Statutory Notes and Related Subsidiaries
heading: Construction
text: Nothing in enactment of this section by Pub. L. 115–243 to be construed to affect application of any Federal income tax withholding requirements under Title 26, Internal Revenue Code, see section 2(c) of Pub. L. 115–243, set out as a Construction of 2018 Amendment note under section 3121 of Title 26.
42 U.S.C. § 419 (THE PUBLIC HEALTH AND WELFARE)
§ 419. Repealed. Pub. L. 86–778, title I, § 103(j)(1), Sept. 13, 1960, 74 Stat. 937
text: Section, act Aug. 14, 1935, ch. 531, title II, § 219, as added Aug. 28, 1950, ch. 809, title I, § 107, 64 Stat. 517, prescribed the effective date of this subchapter in Puerto Rico as January 1 of the first calendar year which begins more than 90 days after the date on which the President received a certification from the Governor of Puerto Rico.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal effective Sept. 13, 1960, see section 103(v)(1), (3) of Pub. L. 86–778, set out as an Effective Date of 1960 Amendment note under section 402 of this title.
42 U.S.C. § 420 (THE PUBLIC HEALTH AND WELFARE)
§ 420. Disability provisions inapplicable if benefit rights impaired
None of the provisions of this subchapter relating to periods of disability shall apply in any case in which their application would result in the denial of monthly benefits or a lump-sum death payment which would otherwise be payable under this subchapter; nor shall they apply in the case of any monthly benefit or lump-sum death payment under this subchapter if such benefit or payment would be greater without their application.
(Aug. 14, 1935, ch. 531, title II, § 220, as added Sept. 1, 1954, ch. 1206, title I, § 106(g), 68 Stat. 1081.)
heading: Editorial Notes
heading: Prior Provisions
text: A prior section 420, act Aug. 14, 1935, ch. 531, title II, § 220, as added July 18, 1952, ch. 945, § 3(e), 66 Stat. 772, relating to inapplicability of disability provisions if benefits were reduced, ceased to be in effect at the close of June 30, 1953. See Effective and Termination Date of 1952 Amendment note set out under section 413 of this title.
42 U.S.C. § 424 (THE PUBLIC HEALTH AND WELFARE)
§ 424. Repealed. Pub. L. 85–840, title II, § 206, Aug. 28, 1958, 72 Stat. 1025
text: Section, act Aug. 14, 1935, ch. 531, title II, § 224, as added Aug. 1, 1956, ch. 836, title I, § 103(a), 70 Stat. 816; amended July 17, 1957, Pub. L. 85–109, § 2(a), 71 Stat. 308, related to reduction of benefits based on disability.
heading: Statutory Notes and Related Subsidiaries
heading: Effective Date of Repeal
text: Repeal applicable with respect to monthly benefits under this subchapter for August 1958 and succeeding months, see section 207(a) of Pub. L. 85–840, set out as an Effective Date of 1958 Amendment note under section 416 of this title.
42 U.S.C. § 501 (THE PUBLIC HEALTH AND WELFARE)
§ 501. Use of available funds
The amounts made available pursuant to section 1101(c)(1)(A) of this title for the purpose of assisting the States in the administration of their unemployment compensation laws shall be used as hereinafter provided.
(Aug. 14, 1935, ch. 531, title III, § 301, 49 Stat. 626; Apr. 19, 1939, ch. 73, 53 Stat. 581; Pub. L. 86–778, title V, § 524(a), Sept. 13, 1960, 74 Stat. 982.)
heading: Editorial Notes
heading: Amendments
text: 1960—Pub. L. 86–778 struck out provisions prescribing specific sums for fiscal years 1936–1939 and for each fiscal year thereafter and inserted provisions relating to amounts made available pursuant to section 1101(c)(1)(A) of this title.
1939—Act Apr. 19, 1939, provided increased appropriation for fiscal year ending June 30, 1939, and for each fiscal year thereafter.
42 U.S.C. § 603a (THE PUBLIC HEALTH AND WELFARE)
§ 603a. Transferred
heading: Editorial Notes
heading: Codification
text: Section, Pub. L. 94–566, title V, § 508(b), Oct. 20, 1976, 90 Stat. 2689; Pub. L. 104–193, title I, § 110(a), Aug. 22, 1996, 110 Stat. 2171, which related to reimbursement to State employment offices for expenses incurred for furnishing information requested of such offices by State or local agency administering this part, was transferred to section 655a of this title.
42 U.S.C. § 608a (THE PUBLIC HEALTH AND WELFARE)
§ 608a. Fraud under means-tested welfare and public assistance programs
(a) In general
If an individual’s benefits under a Federal, State, or local law relating to a means-tested welfare or a public assistance program are reduced because of an act of fraud by the individual under the law or program, the individual may not, for the duration of the reduction, receive an increased benefit under any other means-tested welfare or public assistance program for which Federal funds are appropriated as a result of a decrease in the income of the individual (determined under the applicable program) attributable to such reduction.
(b) Welfare or public assistance programs for which Federal funds are appropriated
For purposes of subsection (a), the term “means-tested welfare or public assistance program for which Federal funds are appropriated” includes the food stamp program under the Food Stamp Act of 1977 (7 U.S.C. 2011 et seq.), any program of public or assisted housing under title I of the United States Housing Act of 1937 (42 U.S.C. 1437 et seq.), and any State program funded under this part.
(Pub. L. 104–193, title IX, § 911, Aug. 22, 1996, 110 Stat. 2353.)
heading: Editorial Notes
heading: References in Text
text: The Food Stamp Act of 1977, referred to in subsec. (b), subsequently renamed the Food and Nutrition Act of 2008, is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chapter 51 (§ 2011 et seq.) of Title 7, Agriculture. For complete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Tables.
The United States Housing Act of 1937, referred to in subsec. (b), is act Sept. 1, 1937, ch. 896, as revised generally by Pub. L. 93–383, title II, § 201(a), Aug. 22, 1974, 88 Stat. 653, and amended. Title I of the Act is classified generally to subchapter I (§ 1437 et seq.) of chapter 8 of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1437 of this title and Tables.
heading: Codification
text: Section was enacted as part of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996, and not as part of the Social Security Act which comprises this chapter.
heading: Statutory Notes and Related Subsidiaries
heading: Change of Name
text: References to the food stamp program established under the Food and Nutrition Act of 2008 considered to refer to the supplemental nutrition assistance program established under that Act, see section 4002(c) of Pub. L. 110–246, set out as a note under section 2012 of Title 7, Agriculture.
42 U.S.C. § 611a (THE PUBLIC HEALTH AND WELFARE)
§ 611a. State required to provide certain information
Each State to which a grant is made under section 603 of this title shall, at least 4 times annually and upon request of the Immigration and Naturalization Service, furnish the Immigration and Naturalization Service with the name and address of, and other identifying information on, any individual who the State knows is unlawfully in the United States.
(Aug. 14, 1935, ch. 531, title IV, § 411A, as added Pub. L. 104–193, title IV, § 404(b), Aug. 22, 1996, 110 Stat. 2267.)
heading: Statutory Notes and Related Subsidiaries
heading: Abolition of Immigration and Naturalization Service and Transfer of Functions
text: For abolition of Immigration and Naturalization Service, transfer of functions, and treatment of related references, see note set out under section 1551 of Title 8, Aliens and Nationality.