42 U.S.C. § 1001 — Basic entitlement to benefits

Page 2501 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1001 Editorial Notes REFERENCES IN TEXT Section 4403 of the Omnibus Budget Reconciliation Act of 1987, referred to in subsec. (b)(1), is section 4403 of Pub. L. 100–203, which is set out as a note under sec- tion 1395b–1 of this title. AMENDMENTS 2003—Subsec. (b)(5). Pub. L. 108–173 added par. (5). 1989—Subsec. (b)(2)(A). Pub. L. 101–239, § 6213(g)(1), substituted ‘‘health care issues, including rural mental health, rural infant mortality prevention, and rural oc- cupational safety and preventive health promotion’’ for ‘‘health care issues’’. Subsec. (b)(2)(C). Pub. L. 101–239, § 6213(g)(2), sub- stituted ‘‘health care in rural areas, including pro- grams providing community-based mental health serv- ices, pre-natal and infant care services, and rural occu- pational safety and preventive health education and promotion’’ for ‘‘health care in rural areas’’. Subsec. (b)(4). Pub. L. 101–239, § 6213(g)(3), substituted ‘‘rural health care, including activities relating to rural mental health, rural infant mortality, and rural occupational safety and preventive health promotion’’ for ‘‘rural health care’’. 1988—Subsec. (b)(1). Pub. L. 100–360 substituted ‘‘sec- tion 4403 of the Omnibus Budget Reconciliation Act of 1987 (as such section pertains to rural health issues)’’ for ‘‘section 4083 of the Omnibus Budget Reconciliation Act of 1987’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1988 AMENDMENT Except as specifically provided in section 411 of Pub. L. 100–360, amendment by Pub. L. 100–360, as it relates to a provision in the Omnibus Budget Reconciliation Act of 1987, Pub. L. 100–203, effective as if included in the enactment of that provision in Pub. L. 100–203, see section 411(a) of Pub. L. 100–360, set out as a Reference to OBRA; Effective Date note under section 106 of Title 1, General Provisions. § 913. Duties and authority of Secretary The Secretary shall perform the duties im- posed upon the Secretary by this chapter. The Secretary is authorized to appoint and fix the compensation of such officers and employees, and to make such expenditures as may be nec- essary for carrying out the functions of the Sec- retary under this chapter. The Secretary may appoint attorneys and experts without regard to the civil service laws. (Aug. 14, 1935, ch. 531, title VII, § 712, as added Pub. L. 103–296, title I, § 108(a)(1), Aug. 15, 1994, 108 Stat. 1481.) § 914. Office of Women’s Health (a) Establishment The Secretary shall establish within the Office of the Administrator of the Health Resources and Services Administration, an office to be known as the Office of Women’s Health. The Of- fice shall be headed by a director who shall be appointed by the Administrator. (b) Purpose The Director of the Office shall— (1) report to the Administrator on the cur- rent Administration level of activity regard- ing women’s health across, where appropriate, age, biological, and sociocultural contexts; (2) establish short-range and long-range goals and objectives within the Health Re- sources and Services Administration for wom- en’s health and, as relevant and appropriate, coordinate with other appropriate offices on activities within the Administration that re- late to health care provider training, health service delivery, research, and demonstration projects, for issues of particular concern to women; (3) identify projects in women’s health that should be conducted or supported by the bu- reaus of the Administration; (4) consult with health professionals, non- governmental organizations, consumer organi- zations, women’s health professionals, and other individuals and groups, as appropriate, on Administration policy with regard to women; and (5) serve as a member of the Department of Health and Human Services Coordinating Committee on Women’s Health (established under section 237a(b)(4) of this title). (c) Continued administration of existing pro- grams The Director of the Office shall assume the au- thority for the development, implementation, administration, and evaluation of any projects carried out through the Health Resources and Services Administration relating to women’s health on March 23, 2010. (d) Definitions For purposes of this section: (1) Administration The term ‘‘Administration’’ means the Health Resources and Services Administra- tion. (2) Administrator The term ‘‘Administrator’’ means the Ad- ministrator of the Health Resources and Serv- ices Administration. (3) Office The term ‘‘Office’’ means the Office of Wom- en’s Health established under this section in the Administration. (e) Authorization of appropriations For the purpose of carrying out this section, there are authorized to be appropriated such sums as may be necessary for each of the fiscal years 2010 through 2014. (Aug. 14, 1935, ch. 531, title VII, § 713, as added Pub. L. 111–148, title III, § 3509(f), Mar. 23, 2010, 124 Stat. 535.) SUBCHAPTER VIII—SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS Editorial Notes PRIOR PROVISIONS A prior subchapter VIII, relating to taxes with re- spect to employment and consisting of sections 1001 to 1011 of this title, was omitted. See Prior Provisions note set out under section 1001 of this title. § 1001. Basic entitlement to benefits Every individual who is a qualified individual under section 1002 of this title shall, in accord- ance with and subject to the provisions of this Page 2502 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1002 subchapter, be entitled to a monthly benefit paid by the Commissioner of Social Security for each month after September 2000 (or such earlier month, if the Commissioner determines is ad- ministratively feasible) the individual resides outside the United States. (Aug. 14, 1935, ch. 531, title VIII, § 801, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1844.) Editorial Notes PRIOR PROVISIONS Prior sections 1001 to 1011, act Aug. 14, 1935, ch. 531, title VIII, §§ 801–811, 49 Stat. 636–639, related to taxes with respect to employment. Section 4 of act Feb. 10, 1939, ch. 2, 53 Stat. 1, which act enacted Title 26, Inter- nal Revenue Code of 1939, provided that all laws and parts of laws codified into the I.R.C. 1939, to the extent that they related exclusively to internal revenue laws, were repealed. Provisions of I.R.C. 1939 were generally repealed by section 7851 of Title 26, Internal Revenue Code of 1954 (act Aug. 16, 1954, ch. 736, 68A Stat. 3). See, also, section 7807 of said Title 26, I.R.C. 1954, respecting rules in effect upon enactment of I.R.C. 1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. The omitted sections were formerly and are now covered by certain sections in Title 26, I.R.C. 1939 and I.R.C. 1986, respectively, as fol- lows: Omitted sections I.R.C. 1939 I.R.C. 1986 1001 .................... 1400 ..................... 3101. 1002 .................... 1402 ..................... 3102. 1003 .................... 1401 ..................... 3502. 1004 .................... 1410 ..................... 3111. 1005 .................... 1411 ..................... 6205(a), 6413(a). 1006 .................... 1421 ..................... 6205(b), 6413(b). 1007 .................... 1420, 1430 ............. 3501. 1008 .................... 1429 ..................... 7805(a), (c). 1009 .................... 1423, 1424 ............. 6801 et seq. 1010 .................... 1425 ..................... 7208(1), 7209. 1011 (as amended Aug. 10, 1939, ch. 666, title IX, § 905(a), 53 Stat. 1400). 1426 ..................... 3121, 7701(a)(1). Section 1001 related to income tax on employees. Section 1002 related to deduction of tax from wages. Section 1003 related to deductibility from income taxes. Section 1004 related to excise tax on employers. Section 1005 related to adjustment of employers’ tax. Section 1006 related to refunds and deficiencies. Section 1007 related to collection and payment of taxes. Section 1008 related to rules and regulations. Section 1009 related to sale by postmasters of stamps or other devices for collection or payment of tax. Section 1010 related to penalties. Section 1011 related to definitions. § 1002. Qualified individuals Except as otherwise provided in this sub- chapter, an individual— (1) who has attained the age of 65 on or be- fore December 14, 1999; (2) who is a World War II veteran; (3) who is eligible for a supplemental secu- rity income benefit under subchapter XVI for— (A) the month in which this subchapter is enacted; and (B) the month in which the individual files an application for benefits under this sub- chapter; (4) whose total benefit income is less than 75 percent of the Federal benefit rate under sub- chapter XVI; (5) who has filed an application for benefits under this subchapter; and (6) who is in compliance with all require- ments imposed by the Commissioner of Social Security under this subchapter, shall be a qualified individual for purposes of this subchapter. (Aug. 14, 1935, ch. 531, title VIII, § 802, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1844.) Editorial Notes PRIOR PROVISIONS For prior provisions, see note set out under section 1001 of this title. § 1003. Residence outside the United States For purposes of section 1001 of this title, with respect to any month, an individual shall be re- garded as residing outside the United States if, on the first day of the month, the individual so resides outside the United States. (Aug. 14, 1935, ch. 531, title VIII, § 803, as added Pub. L. 106–169, title II, § 251(a), Dec. 14, 1999, 113 Stat. 1845.) Editorial Notes PRIOR PROVISIONS For prior provisions, see note set out under section 1001 of this title. § 1004. Disqualifications (a) In general Notwithstanding section 1002 of this title, an individual may not be a qualified individual for any month— (1) that begins after the month in which the Commissioner of Social Security is notified by the Attorney General that the individual has been removed from the United States pursuant to section 1227(a) or 1182(a)(6)(A) of title 8 and before the month in which the individual is lawfully admitted to the United States for permanent residence; (2) during any part of which the individual is fleeing to avoid prosecution, or custody or confinement after conviction, under the laws of the United States or the jurisdiction within the United States from which the person has fled, for a crime, or an attempt to commit a crime, that is a felony under the laws of the place from which the individual has fled, or, in jurisdictions that do not define crimes as felo- nies, is punishable by death or imprisonment for a term exceeding 1 year regardless of the actual sentence imposed; (3) during any part of which the individual violates a condition of probation or parole im- posed under Federal or State law; or (4) during which the individual resides in a foreign country and is not a citizen or na- tional of the United States if payments for such month to individuals residing in such country are withheld by the Treasury Depart- ment under section 3329 of title 31. (b) Requirement for Attorney General For the purpose of carrying out subsection (a)(1), the Attorney General shall notify the