42 U.S.C. § 401 — Trust Funds

Page 1800 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 § 401. Trust Funds (a) Federal Old-Age and Survivors Insurance Trust Fund There is hereby created on the books of the Treasury of the United States a trust fund to be known as the ‘‘Federal Old-Age and Survivors Insurance Trust Fund’’. The Federal Old-Age and Survivors Insurance Trust Fund shall con- sist of the securities held by the Secretary of the Treasury for the Old-Age Reserve Account and the amount standing to the credit of the Old-Age Reserve Account on the books of the Treasury on January 1, 1940, which securities and amount the Secretary of the Treasury is au- thorized and directed to transfer to the Federal Old-Age and Survivors Insurance Trust Fund, and, in addition, such gifts and bequests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or de- posited in, the Federal Old-Age and Survivors Insurance Trust Fund as hereinafter provided. There is hereby appropriated to the Federal Old- Age and Survivors Insurance Trust Fund for the fiscal year ending June 30, 1941, and for each fis- cal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1) the taxes (including interest, penalties, and additions to the taxes) received under sub- chapter A of chapter 9 of the Internal Revenue Code of 1939 (and covered into the Treasury) which are deposited into the Treasury by col- lectors of internal revenue before January 1, 1951; and (2) the taxes certified each month by the Commissioner of Internal Revenue as taxes re- ceived under subchapter A of chapter 9 of such Code which are deposited into the Treasury by collectors of internal revenue after December 31, 1950, and before January 1, 1953, with re- spect to assessments of such taxes made before January 1, 1951; and (3) the taxes imposed by subchapter A of chapter 9 of such Code with respect to wages (as defined in section 1426 of such Code), and by chapter 21 (other than sections 3101(b) and 3111(b)) of the Internal Revenue Code of 1954 with respect to wages (as defined in section 3121 of such Code) reported to the Commis- sioner of Internal Revenue pursuant to section 1420(c) of the Internal Revenue Code of 1939 after December 31, 1950, or to the Secretary of the Treasury or his delegates pursuant to sub- title F of the Internal Revenue Code of 1954 after December 31, 1954, as determined by the Secretary of the Treasury by applying the ap- plicable rates of tax under such subchapter or chapter 21 (other than sections 3101(b) and 3111(b)) to such wages, which wages shall be certified by the Commissioner of Social Secu- rity on the basis of the records of wages estab- lished and maintained by such Commissioner in accordance with such reports, less the amounts specified in clause (1) of subsection (b) of this section; and (4) the taxes imposed by subchapter E of chapter 1 of the Internal Revenue Code of 1939, with respect to self-employment income (as defined in section 481 of such Code), and by chapter 2 (other than section 1401(b)) of the In- ternal Revenue Code of 1954 with respect to self-employment income (as defined in section 1402 of such Code) reported to the Commis- sioner of Internal Revenue on tax returns under such subchapter or to the Secretary of the Treasury or his delegate on tax returns under subtitle F of such Code, as determined by the Secretary of the Treasury by applying the applicable rate of tax under such sub- chapter or chapter (other than section 1401(b)) to such self-employment income, which self- employment income shall be certified by the Commissioner of Social Security on the basis of the records of self-employment income es- tablished and maintained by the Commis- sioner of Social Security in accordance with such returns, less the amounts specified in clause (2) of subsection (b) of this section. The amounts appropriated by clauses (3) and (4) of this subsection shall be transferred from time to time from the general fund in the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund, and the amounts appropriated by clauses (1) and (2) of subsection (b) shall be transferred from time to time from the general fund in the Treasury to the Federal Disability Insurance Trust Fund, such amounts to be de- termined on the basis of estimates by the Sec- retary of the Treasury of the taxes, specified in clauses (3) and (4) of this subsection, paid to or deposited into the Treasury; and proper adjust- ments shall be made in amounts subsequently transferred to the extent prior estimates were in excess of or were less than the taxes specified in such clauses (3) and (4) of this subsection. All amounts transferred to either Trust Fund under the preceding sentence shall be invested by the Managing Trustee in the same manner and to the same extent as the other assets of such Trust Fund. Notwithstanding the preceding sen- tence, in any case in which the Secretary of the Treasury determines that the assets of either such Trust Fund would otherwise be inadequate to meet such Fund’s obligations for any month, the Secretary of the Treasury shall transfer to such Trust Fund on the first day of such month the amount which would have been transferred to such Fund under this section as in effect on October 1, 1990; and such Trust Fund shall pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in ef- fect on January 1, 1983) equal to the rate earned by the investments of such Fund in the same month under subsection (d). (b) Federal Disability Insurance Trust Fund There is hereby created on the books of the Treasury of the United States a trust fund to be known as the ‘‘Federal Disability Insurance Trust Fund’’. The Federal Disability Insurance Trust Fund shall consist of such gifts and be- quests as may be made as provided in subsection (i)(1), and such amounts as may be appropriated to, or deposited in, such fund as provided in this section. There is hereby appropriated to the Federal Disability Insurance Trust Fund for the Page 1801 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 1 So in original. fiscal year ending June 30, 1957, and for each fis- cal year thereafter, out of any moneys in the Treasury not otherwise appropriated, amounts equivalent to 100 per centum of— (1)(A) 1⁄2 of 1 per centum of the wages (as de- fined in section 3121 of the Internal Revenue Code of 1954) paid after December 31, 1956, and before January 1, 1966, and reported to the Secretary of the Treasury or his delegate pur- suant to subtitle F of the Internal Revenue Code of 1954, (B) 0.70 of 1 per centum of the wages (as so defined) paid after December 31, 1965, and before January 1, 1968, and so re- ported, (C) 0.95 of 1 per centum of the wages (as so defined) paid after December 31, 1967, and before January 1, 1970, and so reported, (D) 1.10 per centum of the wages (as so defined) paid after December 31, 1969, and before Janu- ary 1, 1973, and so reported, (E) 1.1 per centum of the wages (as so defined) paid after Decem- ber 31, 1972, and before January 1, 1974, and so reported, (F) 1.15 per centum of the wages (as so defined) paid after December 31, 1973, and before January 1, 1978, and so reported, (G) 1.55 per centum of the wages (as so defined) paid after December 31, 1977, and before January 1, 1979, and so reported, (H) 1.50 per centum of the wages (as so defined) paid after December 31, 1978, and before January 1, 1980, and so re- ported, (I) 1.12 per centum of the wages (as so defined) paid after December 31, 1979, and be- fore January 1, 1981, and so reported, (J) 1.30 per centum of the wages (as so defined) paid after December 31, 1980, and before January 1, 1982, and so reported, (K) 1.65 per centum of the wages (as so defined) paid after December 31, 1981, and before January 1, 1983, and so re- ported, (L) 1.25 per centum of the wages (as so defined) paid after December 31, 1982, and be- fore January 1, 1984, and so reported, (M) 1.00 per centum of the wages (as so defined) paid after December 31, 1983, and before January 1, 1988, and so reported, (N) 1.06 per centum of the wages (as so defined) paid after December 31, 1987, and before January 1, 1990, and so re- ported, (O) 1.20 per centum of the wages (as so defined) paid after December 31, 1989, and be- fore January 1, 1994, and so reported, (P) 1.88 per centum of the wages (as so defined) paid after December 31, 1993, and before January 1, 1997, and so reported, (Q) 1.70 per centum of the wages (as so defined) paid after December 31, 1996, and before January 1, 2000, and so re- ported, (R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and be- fore January 1, 2016, and so reported, (S) 2.37 per centum of the wages (as so defined) paid after December 31, 2015, and before January 1, 2019, and so reported, and (T) 1.80 per centum of the wages (as so defined) paid after Decem- ber 31, 2018, and so reported,,1 which wages shall be certified by the Commissioner of So- cial Security on the basis of the records of wages established and maintained by such Commissioner in accordance with such re- ports; and (2)(A) 3⁄8 of 1 per centum of the amount of self-employment income (as defined in section 1402 of the Internal Revenue Code of 1954) re- ported to the Secretary of the Treasury or his delegate on tax returns under subtitle F of the Internal Revenue Code of 1954 for any taxable year beginning after December 31, 1956, and be- fore January 1, 1966, (B) 0.525 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year be- ginning after December 31, 1965, and before January 1, 1968, (C) 0.7125 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year be- ginning after December 31, 1967, and before January 1, 1970, (D) 0.825 of 1 per centum of the amount of self-employment income (as so de- fined) so reported for any taxable year begin- ning after December 31, 1969, and before Janu- ary 1, 1973, (E) 0.795 of 1 per centum of the amount of self-employment income (as so de- fined) so reported for any taxable year begin- ning after December 31, 1972, and before Janu- ary 1, 1974, (F) 0.815 of 1 per centum of the amount of self-employment income (as so de- fined) as reported for any taxable year begin- ning after December 31, 1973, and before Janu- ary 1, 1978, (G) 1.090 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1977, and before January 1, 1979, (H) 1.0400 per centum of the amount of self-em- ployment income (as so defined) so reported for any taxable year beginning after December 31, 1978, and before January 1, 1980, (I) 0.7775 per centum of the amount of self-employment income (as so defined) so reported for any tax- able year beginning after December 31, 1979, and before January 1, 1981, (J) 0.9750 per cen- tum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1980, and before January 1, 1982, (K) 1.2375 per centum of the amount of self-employment income (as so de- fined) so reported for any taxable year begin- ning after December 31, 1981, and before Janu- ary 1, 1983, (L) 0.9375 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1982, and before January 1, 1984, (M) 1.00 per centum of the amount of self-em- ployment income (as so defined) so reported for any taxable year beginning after December 31, 1983, and before January 1, 1988, (N) 1.06 per centum of the self-employment income (as so defined) so reported for any taxable year be- ginning after December 31, 1987, and before January 1, 1990, (O) 1.20 per centum of the amount of self-employment income (as so de- fined) so reported for any taxable year begin- ning after December 31, 1989, and before Janu- ary 1, 1994, (P) 1.88 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1993, and before January 1, 1997, (Q) 1.70 per centum of the amount of self-em- ployment income (as so defined) so reported for any taxable year beginning after December 31, 1996, and before January 1, 2000, (R) 1.80 per centum of the amount of self-employment in- come (as so defined) so reported for any tax- able year beginning after December 31, 1999, and before January 1, 2016, (S) 2.37 per centum of the amount of self-employment income (as Page 1802 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 so defined) so reported for any taxable year be- ginning after December 31, 2015, and before January 1, 2019, and (T) 1.80 per centum of the amount of self-employment income (as so de- fined) so reported for any taxable year begin- ning after December 31, 2018, which self-em- ployment income shall be certified by the Commissioner of Social Security on the basis of the records of self-employment income es- tablished and maintained by the Commis- sioner of Social Security in accordance with such returns. (c) Board of Trustees; duties; reports to Congress With respect to the Federal Old-Age and Sur- vivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund (hereinafter in this subchapter called the ‘‘Trust Funds’’) there is hereby created a body to be known as the Board of Trustees of the Trust Funds (herein- after in this subchapter called the ‘‘Board of Trustees’’) which Board of Trustees shall be composed of the Commissioner of Social Secu- rity, the Secretary of the Treasury, the Sec- retary of Labor, and the Secretary of Health and Human Services, all ex officio, and of two mem- bers of the public (both of whom may not be from the same political party), who shall be nominated by the President for a term of four years and subject to confirmation by the Sen- ate. A member of the Board of Trustees serving as a member of the public and nominated and confirmed to fill a vacancy occurring during a term shall be nominated and confirmed only for the remainder of such term. An individual nomi- nated and confirmed as a member of the public may serve in such position after the expiration of such member’s term until the earlier of the time at which the member’s successor takes of- fice or the time at which a report of the Board is first issued under paragraph (2) after the expi- ration of the member’s term. The Secretary of the Treasury shall be the Managing Trustee of the Board of Trustees (hereinafter in this sub- chapter called the ‘‘Managing Trustee’’). The Deputy Commissioner of Social Security shall serve as Secretary of the Board of Trustees. The Board of Trustees shall meet not less frequently than once each calendar year. It shall be the duty of the Board of Trustees to— (1) Hold the Trust Funds; (2) Report to the Congress not later than the first day of April of each year on the operation and status of the Trust Funds during the pre- ceding fiscal year and on their expected oper- ation and status during the next ensuing five fiscal years; (3) Report immediately to the Congress whenever the Board of Trustees is of the opin- ion that the amount of either of the Trust Funds is unduly small; (4) Recommend improvements in administra- tive procedures and policies designed to effec- tuate the proper coordination of the old-age and survivors insurance and Federal-State un- employment compensation program; and (5) Review the general policies followed in managing the Trust Funds, and recommend changes in such policies, including necessary changes in the provisions of the law which govern the way in which the Trust Funds are to be managed. The report provided for in paragraph (2) of this subsection shall include a statement of the as- sets of, and the disbursements made from, the Trust Funds during the preceding fiscal year, an estimate of the expected future income to, and disbursements to be made from, the Trust Funds during each of the next ensuing five fiscal years, and a statement of the actuarial status of the Trust Funds. Such statement shall include a finding by the Board of Trustees as to whether the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, individually and collectively, are in close actuarial balance (as defined by the Board of Trustees). Such report shall include an actu- arial opinion by the Chief Actuary of the Social Security Administration certifying that the techniques and methodologies used are gen- erally accepted within the actuarial profession and that the assumptions and cost estimates used are reasonable. Such report shall also in- clude an actuarial analysis of the benefit dis- bursements made from the Federal Old-Age and Survivors Insurance Trust Fund with respect to disabled beneficiaries. Such report shall be printed as a House document of the session of the Congress to which the report is made. A per- son serving on the Board of Trustees shall not be considered to be a fiduciary and shall not be per- sonally liable for actions taken in such capacity with respect to the Trust Funds. (d) Investments It shall be the duty of the Managing Trustee to invest such portion of the Trust Funds as is not, in his judgment, required to meet current withdrawals. Such investments may be made only in interest-bearing obligations of the United States or in obligations guaranteed as to both principal and interest by the United States. For such purpose such obligations may be ac- quired (1) on original issue at the issue price, or (2) by purchase of outstanding obligations at the market price. The purposes for which obliga- tions of the United States may be issued under chapter 31 of title 31 are hereby extended to au- thorize the issuance at par of public-debt obliga- tions for purchase by the Trust Funds. Such ob- ligations issued for purchase by the Trust Funds shall have maturities fixed with due regard for the needs of the Trust Funds and shall bear in- terest at a rate equal to the average market yield (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month next preceding the date of such issue) on all marketable interest-bearing obliga- tions of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month; except that where such average market yield is not a multiple of one-eighth of 1 per centum, the rate of interest of such obligations shall be the multiple of one- eighth of 1 per centum nearest such market yield. Each obligation issued for purchase by the Trust Funds under this subsection shall be evi- denced by a paper instrument in the form of a bond, note, or certificate of indebtedness issued by the Secretary of the Treasury setting forth the principal amount, date of maturity, and in- terest rate of the obligation, and stating on its Page 1803 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 2 So in original. Two cls. (i) and (ii) have been enacted. 3 So in original. Probably should be ‘‘(vii)’’. face that the obligation shall be incontestable in the hands of the Trust Fund to which it is issued, that the obligation is supported by the full faith and credit of the United States, and that the United States is pledged to the pay- ment of the obligation with respect to both prin- cipal and interest. The Managing Trustee may purchase other interest-bearing obligations of the United States or obligations guaranteed as to both principal and interest by the United States, on original issue or at the market price, only where he determines that the purchase of such other obligations is in the public interest. (e) Sale of acquired obligations Any obligations acquired by the Trust Funds (except public-debt obligations issued exclu- sively to the Trust Funds) may be sold by the Managing Trustee at the market price, and such public-debt obligations may be redeemed at par plus accrued interest. (f) Proceeds from sale or redemption of obliga- tions; interest The interest on, and the proceeds from the sale or redemption of, any obligations held in the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund shall be credited to and form a part of the Federal Old-Age and Survivors Insurance Trust Fund and the Disability Insurance Trust Fund, respectively. Payment from the general fund of the Treasury to either of the Trust Funds of any such interest or proceeds shall be in the form of paper checks drawn on such gen- eral fund to the order of such Trust Fund. (g) Payments into Treasury (1)(A) The Managing Trustee of the Trust Funds (which for purposes of this paragraph shall include also the Federal Hospital Insur- ance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund established by subchapter XVIII) is directed to pay from the Trust Funds into the Treasury— (i) 2 the amounts estimated by the Managing Trustee, the Commissioner of Social Security, and the Secretary of Health and Human Serv- ices which will be expended, out of moneys ap- propriated from the general fund in the Treas- ury, during a three-month period by the De- partment of Health and Human Services for the administration of subchapter XVIII of this chapter, and by the Department of the Treas- ury for the administration of subchapters II and XVIII of this chapter and chapters 2 and 21 of the Internal Revenue Code of 1986, less (ii) 2 the amounts estimated (pursuant to the applicable method prescribed under paragraph (4) of this subsection) by the Commissioner of Social Security which will be expended, out of moneys made available for expenditures from the Trust Funds, during such three-month pe- riod to cover the cost of carrying out the func- tions of the Social Security Administration, specified in section 432 of this title, which re- late to the administration of provisions of the Internal Revenue Code of 1986 other than those referred to in clause (i) and the functions of the Social Security Administration in connec- tion with the withholding of taxes from bene- fits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons’ representative payee. Such payments shall be carried into the Treas- ury as the net amount of repayments due the general fund account for reimbursement of ex- penses incurred in connection with the adminis- tration of subchapters II and XVIII of this chap- ter and chapters 2 and 21 of the Internal Rev- enue Code of 1986. A final accounting of such payments for any fiscal year shall be made at the earliest practicable date after the close thereof. There are hereby authorized to be made available for expenditure, out of any or all of the Trust Funds, such amounts as the Congress may deem appropriate to pay the costs of the part of the administration of this subchapter, subchapter VIII, subchapter XVI, and sub- chapter XVIII for which the Commissioner of Social Security is responsible, the costs of sub- chapter XVIII for which the Secretary of Health and Human Services is responsible, and the costs of carrying out the functions of the Social Security Administration, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 other than those referred to in clause (i) of the first sentence of this subparagraph and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons enti- tled to such benefits or such persons’ represent- ative payee. Of the amounts authorized to be made available out of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the pre- ceding sentence, there are hereby authorized to be made available from either or both of such Trust Funds for continuing disability reviews— (i) 2 for fiscal year 1996, $260,000,000; (ii) 2 for fiscal year 1997, $360,000,000; (iii) for fiscal year 1998, $570,000,000; (iv) for fiscal year 1999, $720,000,000; (v) for fiscal year 2000, $720,000,000; (vi) for fiscal year 2001, $720,000,000; and (viii) 3 for fiscal year 2002, $720,000,000. For purposes of this subparagraph, the term ‘‘continuing disability review’’ means a review conducted pursuant to section 421(i) of this title and a review or disability eligibility redeter- mination conducted to determine the continuing disability and eligibility of a recipient of bene- fits under the supplemental security income program under subchapter XVI, including any review or redetermination conducted pursuant to section 207 or 208 of the Social Security Inde- pendence and Program Improvements Act of 1994 (Public Law 103–296). (B) After the close of each fiscal year— (i) the Commissioner of Social Security shall determine— (I) the portion of the costs, incurred during such fiscal year, of administration of this subchapter, subchapter VIII, subchapter XVI, and subchapter XVIII for which the Page 1804 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 4 So in original. Probably should be ‘‘Commissioner’’. Commissioner is responsible and of carrying out the functions of the Social Security Ad- ministration, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of subparagraph (A)) and the functions of the Social Security Ad- ministration in connection with the with- holding of taxes from benefits, as described in section 407(c) of this title, pursuant to re- quests by persons entitled to such benefits or such persons’ representative payee, which should have been borne by the general fund of the Treasury, (II) the portion of such costs which should have been borne by the Federal Old-Age and Survivors Insurance Trust Fund, (III) the portion of such costs which should have been borne by the Federal Disability Insurance Trust Fund, (IV) the portion of such costs which should have been borne by the Federal Hospital In- surance Trust Fund, and (V) the portion of such costs which should have been borne by the Federal Supple- mentary Medical Insurance Trust Fund (and, of such portion, the portion of such costs which should have been borne by the Medi- care Prescription Drug Account in such Trust Fund), and (ii) the Secretary of Health and Human Services shall determine— (I) the portion of the costs, incurred during such fiscal year, of the administration of subchapter XVIII for which the Secretary is responsible, which should have been borne by the general fund of the Treasury, (II) the portion of such costs which should have been borne by the Federal Hospital In- surance Trust Fund, and (III) the portion of such costs which should have been borne by the Federal Supple- mentary Medical Insurance Trust Fund (and, of such portion, the portion of such costs which should have been borne by the Medi- care Prescription Drug Account in such Trust Fund). (C) After the determinations under subpara- graph (B) have been made for any fiscal year, the Commisioner 4 of Social Security and the Secretary shall each certify to the Managing Trustee the amounts, if any, which should be transferred from one to any of the other such Trust Funds and the amounts, if any, which should be transferred between the Trust Funds (or one of the Trust Funds) and the general fund of the Treasury, in order to ensure that each of the Trust Funds and the general fund of the Treasury have borne their proper share of the costs, incurred during such fiscal year, for— (i) the parts of the administration of this subchapter, subchapter VIII, subchapter XVI, and subchapter XVIII for which the Commis- sioner of Social Security is responsible, (ii) the parts of the administration of sub- chapter XVIII for which the Secretary is re- sponsible, and (iii) carrying out the functions of the Social Security Administration, specified in section 432 of this title, which relate to the adminis- tration of provisions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of subparagraph (A)) and the functions of the Social Security Administration in connection with the with- holding of taxes from benefits, as described in section 407(c) of this title, pursuant to re- quests by persons entitled to such benefits or such persons’ representative payee. The Managing Trustee shall transfer any such amounts in accordance with any certification so made. (D) The determinations required under sub- clauses (IV) and (V) of subparagraph (B)(i) shall be made in accordance with the cost allocation methodology in existence on August 15, 1994, until such time as the methodology for making the determinations required under such sub- clauses is revised by agreement of the Commis- sioner and the Secretary, except that the deter- mination of the amounts to be borne by the gen- eral fund of the Treasury with respect to ex- penditures incurred in carrying out the func- tions of the Social Security Administration specified in section 432 of this title and the func- tions of the Social Security Administration in connection with the withholding of taxes from benefits as described in section 407(c) of this title shall be made pursuant to the applicable method prescribed under paragraph (4). (2) The Managing Trustee is directed to pay from time to time from the Trust Funds into the Treasury the amount estimated by him as taxes imposed under section 3101(a) of the Internal Revenue Code of 1986 which are subject to refund under section 6413(c) of such Code with respect to wages (as defined in section 3121 of such Code). Such taxes shall be determined on the basis of the records of wages maintained by the Commissioner of Social Security in accordance with the wages reported to the Secretary of the Treasury or his delegate pursuant to subtitle F of such Code, and the Commissioner of Social Security shall furnish the Managing Trustee such information as may be required by the Trustee for such purpose. The payments by the Managing Trustee shall be covered into the Treasury as repayments to the account for re- funding internal revenue collections. Payments pursuant to the first sentence of this paragraph shall be made from the Federal Old-Age and Sur- vivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund in the ratio in which amounts were appropriated to such Trust Funds under clause (3) of subsection (a) of this section and clause (1) of subsection (b) of this section. (3) Repayments made under paragraph (1) or (2) of this subsection shall not be available for expenditures but shall be carried to the surplus fund of the Treasury. If it subsequently appears that the estimates under either such paragraph in any particular period were too high or too low, appropriate adjustments shall be made by the Managing Trustee in future payments. (4) The Commissioner of Social Security shall utilize the method prescribed pursuant to this paragraph, as in effect immediately before Au- Page 1805 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 gust 15, 1994, for determining the costs which should be borne by the general fund of the Treasury of carrying out the functions of the Commissioner, specified in section 432 of this title, which relate to the administration of pro- visions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of paragraph (1)(A)). The Board of Trustees of such Trust Funds shall prescribe the method of determining the costs which should be borne by the general fund in the Treasury of carrying out the functions of the Social Secu- rity Administration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to re- quests by persons entitled to such benefits or such persons’ representative payee. If at any time or times thereafter the Boards of Trustees of such Trust Funds consider such action advis- able, they may modify the method of deter- mining such costs. (h) Benefit payments Benefit payments required to be made under section 423 of this title, and benefit payments required to be made under subsection (b), (c), or (d) of section 402 of this title to individuals enti- tled to benefits on the basis of the wages and self-employment income of an individual enti- tled to disability insurance benefits, shall be made only from the Federal Disability Insur- ance Trust Fund. All other benefit payments re- quired to be made under this subchapter (other than section 426 of this title) shall be made only from the Federal Old-Age and Survivors Insur- ance Trust Fund. (i) Gifts and bequests (1) The Managing Trustee may accept on be- half of the United States money gifts and be- quests made unconditionally to the Federal Old- Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, or the Federal Supplementary Medical Insurance Trust Fund (and for the Medicare Prescription Drug Account and the Transitional Assistance Ac- count in such Trust Fund) or to the Social Secu- rity Administration, the Department of Health and Human Services, or any part or officer thereof, for the benefit of any of such Funds or any activity financed through such Funds. (2) Any such gift accepted pursuant to the au- thority granted in paragraph (1) of this sub- section shall be deposited in— (A) the specific trust fund designated by the donor or (B) if the donor has not so designated, the Federal Old-Age and Survivors Insurance Trust Fund. (j) Travel expenses There are authorized to be made available for expenditure, out of the Federal Old-Age and Sur- vivors Insurance Trust Fund, or the Federal Dis- ability Insurance Trust Fund (as determined ap- propriate by the Commissioner of Social Secu- rity), such amounts as are required to pay travel expenses, either on an actual cost or commuted basis, to individuals for travel incident to med- ical examinations requested by the Commis- sioner of Social Security in connection with dis- ability determinations under this subchapter, and to parties, their representatives, and all rea- sonably necessary witnesses for travel within the United States (as defined in section 410(i) of this title) to attend reconsideration interviews and proceedings before administrative law judges with respect to any determination under this subchapter. The amount available under the preceding sentence for payment for air travel by any person shall not exceed the coach fare for air travel between the points involved unless the use of first-class accommodations is required (as determined under regulations of the Commis- sioner of Social Security) because of such per- son’s health condition or the unavailability of alternative accommodations; and the amount available for payment for other travel by any person shall not exceed the cost of travel (be- tween the points involved) by the most economi- cal and expeditious means of transportation ap- propriate to such person’s health condition, as specified in such regulations. The amount avail- able for payment under this subsection for trav- el by a representative to attend an administra- tive proceeding before an administrative law judge or other adjudicator shall not exceed the maximum amount allowable under this sub- section for such travel originating within the geographic area of the office having jurisdiction over such proceeding. (k) Experiment and demonstration project ex- penditures Expenditures made for experiments and dem- onstration projects under section 434 of this title shall be made from the Federal Disability Insur- ance Trust Fund and the Federal Old-Age and Survivors Insurance Trust Fund, as determined appropriate by the Commissioner of Social Se- curity. (l) Interfund borrowing (1) If at any time prior to January 1988 the Managing Trustee determines that borrowing authorized under this subsection is appropriate in order to best meet the need for financing the benefit payments from the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, the Managing Trustee may borrow such amounts as he deter- mines to be appropriate from the other such Trust Fund, or, subject to paragraph (5), from the Federal Hospital Insurance Trust Fund es- tablished under section 1395i of this title, for transfer to and deposit in the Trust Fund whose need for financing is involved. (2) In any case where a loan has been made to a Trust Fund under paragraph (1), there shall be transferred on the last day of each month after such loan is made, from the borrowing Trust Fund to the lending Trust Fund, the total inter- est accrued to such day with respect to the unrepaid balance of such loan at a rate equal to the rate which the lending Trust Fund would earn on the amount involved if the loan were an investment under subsection (d) (even if such an investment would earn interest at a rate dif- ferent than the rate earned by investments re- deemed by the lending fund in order to make the loan). (3)(A) If in any month after a loan has been made to a Trust Fund under paragraph (1), the Page 1806 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 Managing Trustee determines that the assets of such Trust Fund are sufficient to permit repay- ment of all or part of any loans made to such Fund under paragraph (1), he shall make such repayments as he determines to be appropriate. (B)(i) If on the last day of any year after a loan has been made under paragraph (1) by the Federal Hospital Insurance Trust Fund to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, the Managing Trustee determines that the OASDI trust fund ratio exceeds 15 percent, he shall transfer from the borrowing Trust Fund to the Federal Hospital Insurance Trust Fund an amount that— (I) together with any amounts transferred from another borrowing Trust Fund under this paragraph for such year, will reduce the OASDI trust fund ratio to 15 percent; and (II) does not exceed the outstanding balance of such loan. (ii) Amounts required to be transferred under clause (i) shall be transferred on the last day of the first month of the year succeeding the year in which the determination described in clause (i) is made. (iii) For purposes of this subparagraph, the term ‘‘OASDI trust fund ratio’’ means, with re- spect to any calendar year, the ratio of— (I) the combined balance in the Federal Old- Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, as of the last day of such calendar year, to (II) the amount estimated by the Commis- sioner of Social Security to be the total amount to be paid from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund dur- ing the calendar year following such calendar year for all purposes authorized by this sec- tion (other than payments of interest on, and repayments of, loans from the Federal Hos- pital Insurance Trust Fund under paragraph (1), but excluding any transfer payments be- tween such trust funds and reducing the amount of any transfer to the Railroad Retire- ment Account by the amount of any transfers into either such trust fund from that Ac- count). (C)(i) The full amount of all loans made under paragraph (1) (whether made before or after Jan- uary 1, 1983) shall be repaid at the earliest fea- sible date and in any event no later than Decem- ber 31, 1989. (ii) For the period after December 31, 1987, and before January 1, 1990, the Managing Trustee shall transfer each month to the Federal Hos- pital Insurance Trust Fund from any Trust Fund with any amount outstanding on a loan made from the Federal Hospital Insurance Trust Fund under paragraph (1) an amount not less than an amount equal to (I) the amount owed to the Federal Hospital Insurance Trust Fund by such Trust Fund at the beginning of such month (plus the interest accrued on the outstanding balance of such loan during such month), divided by (II) the number of months elapsing after the pre- ceding month and before January 1990. The Man- aging Trustee may, during this period, transfer larger amounts than prescribed by the preceding sentence. (4) The Board of Trustees shall make a timely report to the Congress of any amounts trans- ferred (including interest payments) under this subsection. (5)(A) No amounts may be borrowed from the Federal Hospital Insurance Trust Fund under paragraph (1) during any month if the Hospital Insurance Trust Fund ratio for such month is less than 10 percent. (B) For purposes of this paragraph, the term ‘‘Hospital Insurance Trust Fund ratio’’ means, with respect to any month, the ratio of— (i) the balance in the Federal Hospital Insur- ance Trust Fund, reduced by the outstanding amount of any loan (including interest there- on) theretofore made to such Trust Fund under this subsection, as of the last day of the second month preceding such month, to (ii) the amount obtained by multiplying by twelve the total amount which (as estimated by the Secretary) will be paid from the Fed- eral Hospital Insurance Trust Fund during the month for which such ratio is to be deter- mined (other than payments of interest on, or repayments of loans from another Trust Fund under this subsection), and reducing the amount of any transfers to the Railroad Re- tirement Account by the amount of any trans- fer into the Hospital Insurance Trust Fund from that Account. (m) Accounting for unnegotiated benefit checks (1) The Secretary of the Treasury shall imple- ment procedures to permit the identification of each check issued for benefits under this sub- chapter that has not been presented for payment by the close of the sixth month following the month of its issuance. (2) The Secretary of the Treasury shall, on a monthly basis, credit each of the Trust Funds for the amount of all benefit checks (including interest thereon) drawn on such Trust Fund more than 6 months previously but not pre- sented for payment and not previously credited to such Trust Fund, to the extent provided in advance in appropriation Acts. (3) If a benefit check is presented for payment to the Treasury and the amount thereof has been previously credited pursuant to paragraph (2) to one of the Trust Funds, the Secretary of the Treasury shall nevertheless pay such check, if otherwise proper, recharge such Trust Fund, and notify the Commissioner of Social Security. (4) A benefit check bearing a current date may be issued to an individual who did not negotiate the original benefit check and who surrenders such check for cancellation if the Secretary of the Treasury determines it is necessary to effect proper payment of benefits. (n) Payments to Funds in satisfaction of obliga- tions Not later than July 1, 2004, the Secretary of the Treasury shall transfer, from amounts in the general fund of the Treasury that are not other- wise appropriated— (1) $624,971,854 to the Federal Old-Age and Survivors Insurance Trust Fund; (2) $105,379,671 to the Federal Disability In- surance Trust Fund; and (3) $173,306,134 to the Federal Hospital Insur- ance Trust Fund. Page 1807 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 Amounts transferred in accordance with this subsection shall be in satisfaction of certain outstanding obligations for deemed wage credits for 2000 and 2001. (Aug. 14, 1935, ch. 531, title II, § 201, 49 Stat. 622; Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362; Feb. 25, 1944, ch. 63, title IX, § 902, 58 Stat. 93; Aug. 28, 1950, ch. 809, title I, § 109(a), 64 Stat. 521; Aug. 1, 1956, ch. 836, title I, § 103(e), 70 Stat. 819; Pub. L. 85–840, title II, § 205(a), Aug. 28, 1958, 72 Stat. 1021; Pub. L. 86–346, title I, § 104(2), Sept. 22, 1959, 73 Stat. 622; Pub. L. 86–778, title VII, § 701(a)–(e), Sept. 13, 1960, 74 Stat. 992, 993; Pub. L. 89–97, title I, § 108(a), title III, §§ 305, 327, July 30, 1965, 79 Stat. 338, 370, 400; Pub. L. 90–248, title I, §§ 110, 169, Jan. 2, 1968, 81 Stat. 837, 875; Pub. L. 91–172, title X, § 1005, Dec. 30, 1969, 83 Stat. 741; Pub. L. 92–336, title II, § 205, July 1, 1972, 86 Stat. 422; Pub. L. 92–603, title I, §§ 132(a)–(c), 136, title III, § 305(a), Oct. 30, 1972, 86 Stat. 1360, 1364, 1484; Pub. L. 93–233, § 7, Dec. 31, 1973, 87 Stat. 955; Pub. L. 94–202, § 8(d), Jan. 2, 1976, 89 Stat. 1137; Pub. L. 95–216, title I, § 102(a), Dec. 20, 1977, 91 Stat. 1513; Pub. L. 96–265, title III, § 310(a), title V, § 505(a)(5), June 9, 1980, 94 Stat. 459, 474; Pub. L. 96–403, § 1, Oct. 9, 1980, 94 Stat. 1709; Pub. L. 97–123, § 1(a), Dec. 29, 1981, 95 Stat. 1659; Pub. L. 98–21, title I, §§ 126, 141(a), 142(a)(1), (2)(A), (3), (4), 152(a), 154(a), title III, § 341(a), Apr. 20, 1983, 97 Stat. 91, 98–100, 105, 107, 135; Pub. L. 98–369, div. B, title VI, §§ 2661(a), 2663(a)(1), (j)(2)(A)(i), July 18, 1984, 98 Stat. 1156, 1160, 1170; Pub. L. 99–272, title IX, § 9213(a), Apr. 7, 1986, 100 Stat. 180; Pub. L. 100–360, title II, § 212(c)(1), July 1, 1988, 102 Stat. 741; Pub. L. 100–647, title VIII, § 8005(a), Nov. 10, 1988, 102 Stat. 3781; Pub. L. 101–234, title II, § 202(a), Dec. 13, 1989, 103 Stat. 1981; Pub. L. 101–508, title V, §§ 5106(c), 5115(a), title XIII, § 13304, Nov. 5, 1990, 104 Stat. 1388–268, 1388–274, 1388–627; Pub. L. 103–296, title I, § 107(b), title III, §§ 301(a), (b), 321(a)(1), (c)(1)(A)(i), (B)(i), (C), Aug. 15, 1994, 108 Stat. 1478, 1517, 1535, 1537; Pub. L. 103–387, § 3(a), (b), Oct. 22, 1994, 108 Stat. 4074, 4075; Pub. L. 104–121, title I, § 103(a), Mar. 29, 1996, 110 Stat. 848; Pub. L. 105–277, div. J, title IV, § 4005(b), Oct. 21, 1998, 112 Stat. 2681–911; Pub. L. 106–169, title II, § 251(b)(1), Dec. 14, 1999, 113 Stat. 1854; Pub. L. 106–170, title III, § 301(b)(1)(B), Dec. 17, 1999, 113 Stat. 1902; Pub. L. 108–173, title I, § 101(e)(3)(A), (B), Dec. 8, 2003, 117 Stat. 2150, 2151; Pub. L. 108–203, title IV, § 420(a), Mar. 2, 2004, 118 Stat. 535; Pub. L. 114–74, title VIII, § 833(1), (2), Nov. 2, 2015, 129 Stat. 613.) Editorial Notes REFERENCES IN TEXT Subchapter A of chapter 9 of the Internal Revenue Code of 1939, referred to in subsec. (a)(1) to (3), was com- prised of sections 1400 to 1432, and was repealed (subject to certain exceptions) by section 7851(a)(3) of the Inter- nal Revenue Code of 1986. Sections 1426 and 1420(c) of the Internal Revenue Code of 1939, referred to in subsec. (a)(3), were a part of sub- chapter A of chapter 9 of the 1939 Code. See above. Internal Revenue Code of 1954, referred to in subsecs. (a)(3), (4) and (b)(1)(A), (2)(A), redesignated Internal Revenue Code of 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. Subchapter E of chapter 1 of the Internal Revenue Code of 1939, referred to in subsec. (a)(4), was comprised of sections 480 to 482, and was repealed (subject to cer- tain exceptions) by section 7851(a)(1)(A) of the Internal Revenue Code of 1986. Section 481 of the Internal Revenue Code of 1939, re- ferred to in subsec. (a)(4), was a part of subchapter E of chapter 1 of the 1939 Code. See above. For provision deeming a reference in other laws to a provision of the 1939 Code as a reference to the cor- responding provision of the 1986 Code, see section 7852(b) if the 1986 Code. For table of comparisons of the 1939 Code to the 1986 Code, see table preceding section 1 of Title 26, Internal Revenue Code. The Internal Rev- enue Code of 1986 is classified generally to Title 26. Chapters 2 and 21 and subtitle F of the Internal Rev- enue Code of 1986, referred to in subsec. (g)(1)(A), (2), are classified to sections 1401 et seq., 3101 et seq., and 6001 et seq., respectively, of Title 26, Internal Revenue Code. Section 207 or 208 of the Social Security Independence and Program Improvements Act of 1994, referred to in subsec. (g)(1)(A), are sections 207 and 208 of Pub. L. 103–296. Section 208 of Pub. L. 103–296 is set out as a note under section 1382 of this title. Section 207 of Pub. L. 103–296 was set out as a note under section 1382 of this title prior to repeal by Pub. L. 104–193, title II, § 212(b)(2), (d), Aug. 22, 1996, 110 Stat. 2193, 2194. AMENDMENTS 2015—Subsec. (b)(1)(R) to (T). Pub. L. 114–74, § 833(1), substituted ‘‘(R) 1.80 per centum of the wages (as so de- fined) paid after December 31, 1999, and before January 1, 2016, and so reported, (S) 2.37 per centum of the wages (as so defined) paid after December 31, 2015, and before January 1, 2019, and so reported, and (T) 1.80 per cen- tum of the wages (as so defined) paid after December 31, 2018, and so reported,’’ for ‘‘and (R) 1.80 per centum of the wages (as so defined) paid after December 31, 1999, and so reported’’. Subsec. (b)(2)(R) to (T). Pub. L. 114–74, § 833(2), sub- stituted ‘‘(R) 1.80 per centum of the amount of self-em- ployment income (as so defined) so reported for any taxable year beginning after December 31, 1999, and be- fore January 1, 2016, (S) 2.37 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2015, and before January 1, 2019, and (T) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after De- cember 31, 2018’’ for ‘‘and (R) 1.80 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999’’. 2004—Subsec. (n). Pub. L. 108–203 added subsec. (n). 2003—Subsec. (g)(1)(B)(i)(V), (ii)(III). Pub. L. 108–173, § 101(e)(3)(A), inserted ‘‘(and, of such portion, the por- tion of such costs which should have been borne by the Medicare Prescription Drug Account in such Trust Fund)’’ after ‘‘Trust Fund’’. Subsec. (i)(1). Pub. L. 108–173, § 101(e)(3)(B), inserted ‘‘(and for the Medicare Prescription Drug Account and the Transitional Assistance Account in such Trust Fund)’’ after ‘‘Federal Supplementary Medical Insur- ance Trust Fund’’. 1999—Subsec. (g)(1)(A). Pub. L. 106–169, § 251(b)(1)(A), inserted ‘‘subchapter VIII,’’ after ‘‘this subchapter,’’ in fourth sentence. Subsec. (g)(1)(B)(i)(I). Pub. L. 106–169, § 251(b)(1)(B), in- serted ‘‘subchapter VIII,’’ after ‘‘this subchapter,’’. Subsec. (g)(1)(C)(i). Pub. L. 106–169, § 251(b)(1)(C), in- serted ‘‘subchapter VIII,’’ after ‘‘this subchapter,’’. Subsec. (k). Pub. L. 106–170 substituted ‘‘section 434 of this title’’ for ‘‘section 505(a) of the Social Security Disability Amendments of 1980’’. 1998—Subsec. (g)(1)(A). Pub. L. 105–277, § 4005(b)(2), which directed the amendment of subsec. (g) by insert- ing ‘‘and the functions of the Social Security Adminis- tration in connection with the withholding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons entitled to such bene- fits or such persons’ representative payee’’ before pe- riod at end of paragraph (1)(A), was executed by insert- Page 1808 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 ing this material after ‘‘the first sentence of this sub- paragraph’’ in provisions following cl. (ii) to reflect the probable intent of Congress. Subsec. (g)(1)(A)(ii). Pub. L. 105–277, § 4005(b)(1), in- serted before period at end ‘‘and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in sec- tion 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons’ representa- tive payee’’. Subsec. (g)(1)(B)(i)(I). Pub. L. 105–277, § 4005(b)(3), sub- stituted ‘‘subparagraph (A)) and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in sec- tion 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons’ representa- tive payee,’’ for ‘‘subparagraph (A)),’’. Subsec. (g)(1)(C)(iii). Pub. L. 105–277, § 4005(b)(4), in- serted before period at end ‘‘and the functions of the Social Security Administration in connection with the withholding of taxes from benefits, as described in sec- tion 407(c) of this title, pursuant to requests by persons entitled to such benefits or such persons’ representa- tive payee’’. Subsec. (g)(1)(D). Pub. L. 105–277, § 4005(b)(5), inserted ‘‘and the functions of the Social Security Administra- tion in connection with the withholding of taxes from benefits as described in section 407(c) of this title’’ after ‘‘section 432 of this title’’. Subsec. (g)(4). Pub. L. 105–277, § 4005(b)(6), inserted after first sentence ‘‘The Board of Trustees of such Trust Funds shall prescribe the method of determining the costs which should be borne by the general fund in the Treasury of carrying out the functions of the Social Security Administration in connection with the with- holding of taxes from benefits, as described in section 407(c) of this title, pursuant to requests by persons en- titled to such benefits or such persons’ representative payee.’’ 1996—Subsec. (g)(1)(A). Pub. L. 104–121 inserted at end ‘‘Of the amounts authorized to be made available out of the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund under the preceding sentence, there are hereby author- ized to be made available from either or both of such Trust Funds for continuing disability reviews— ‘‘(i) for fiscal year 1996, $260,000,000; ‘‘(ii) for fiscal year 1997, $360,000,000; ‘‘(iii) for fiscal year 1998, $570,000,000; ‘‘(iv) for fiscal year 1999, $720,000,000; ‘‘(v) for fiscal year 2000, $720,000,000; ‘‘(vi) for fiscal year 2001, $720,000,000; and ‘‘(viii) for fiscal year 2002, $720,000,000. For purposes of this subparagraph, the term ‘con- tinuing disability review’ means a review conducted pursuant to section 421(i) of this title and a review or disability eligibility redetermination conducted to de- termine the continuing disability and eligibility of a recipient of benefits under the supplemental security income program under subchapter XVI, including any review or redetermination conducted pursuant to sec- tion 207 or 208 of the Social Security Independence and Program Improvements Act of 1994 (Public Law 103–296).’’ 1994—Subsec. (a). Pub. L. 103–296, § 321(a)(1), in closing provisions substituted ‘‘and’’ for ‘‘and and’’ before ‘‘such Trust Fund shall pay’’. Subsec. (a)(3). Pub. L. 103–296, § 107(b)(1), (2), sub- stituted ‘‘Commissioner of Social Security’’ and ‘‘such Commissioner’’ for ‘‘Secretary of Health and Human Services’’ and ‘‘such Secretary’’, respectively. Subsec. (a)(4). Pub. L. 103–296, § 107(b)(1), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health and Human Services’’ in two places. Subsec. (b)(1). Pub. L. 103–296, § 107(b)(1), (2), sub- stituted ‘‘Commissioner of Social Security’’ and ‘‘such Commissioner’’ for ‘‘Secretary of Health and Human Services’’ and ‘‘such Secretary’’, respectively. Subsec. (b)(1)(O) to (R). Pub. L. 103–387, § 3(a), sub- stituted ‘‘(O) 1.20 per centum of the wages (as so de- fined) paid after December 31, 1989, and before January 1, 1994, and so reported, (P) 1.88 per centum of the wages (as so defined) paid after December 31, 1993, and before January 1, 1997, and so reported, (Q) 1.70 per centum of the wages (as so defined) paid after December 31, 1996, and before January 1, 2000, and so reported, and (R) 1.80 per centum of the wages (as so defined) paid after De- cember 31, 1999, and so reported,’’ for ‘‘(O) 1.20 per cen- tum of the wages (as so defined) paid after December 31, 1989, and before January 1, 2000, and so reported, and (P) 1.42 per centum of the wages (as so defined) paid after December 31, 1999, and so reported,’’. Subsec. (b)(2). Pub. L. 103–296, § 107(b)(1), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health and Human Services’’ in two places. Subsec. (b)(2)(O) to (R). Pub. L. 103–387, § 3(b), sub- stituted ‘‘(O) 1.20 per centum of the amount of self-em- ployment income (as so defined) so reported for any taxable year beginning after December 31, 1989, and be- fore January 1, 1994, (P) 1.88 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1993, and before January 1, 1997, (Q) 1.70 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1996, and before January 1, 2000, and (R) 1.80 per cen- tum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999,’’ for ‘‘(O) 1.20 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1989, and before January 1, 2000, and (P) 1.42 per cen- tum of the self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1999,’’. Subsec. (c). Pub. L. 103–296, § 107(b)(3), in introductory provisions, inserted ‘‘the Commissioner of Social Secu- rity,’’ after ‘‘shall be composed of’’ and inserted ‘‘Dep- uty’’ before ‘‘Commissioner of Social Security shall serve’’. Subsec. (d). Pub. L. 103–296, § 301(a), inserted after fifth sentence ‘‘Each obligation issued for purchase by the Trust Funds under this subsection shall be evi- denced by a paper instrument in the form of a bond, note, or certificate of indebtedness issued by the Sec- retary of the Treasury setting forth the principal amount, date of maturity, and interest rate of the obli- gation, and stating on its face that the obligation shall be incontestable in the hands of the Trust Fund to which it is issued, that the obligation is supported by the full faith and credit of the United States, and that the United States is pledged to the payment of the obli- gation with respect to both principal and interest.’’ Subsec. (f). Pub. L. 103–296, § 301(b), inserted at end ‘‘Payment from the general fund of the Treasury to ei- ther of the Trust Funds of any such interest or pro- ceeds shall be in the form of paper checks drawn on such general fund to the order of such Trust Fund.’’ Subsec. (g)(1)(A). Pub. L. 103–296, § 107(b)(4)(C), in text as amended by Pub. L. 103–296, § 321(c)(1)(A)(i)(III), sub- stituted ‘‘subchapters II and XVIII’’ for ‘‘subchapters II, XVI, and XVIII’’ in second sentence and amended last sentence generally. Prior to amendment, last sen- tence read as follows: ‘‘There are hereby authorized to be made available for expenditure, out of any or all of the Trust Funds, such amounts as the Congress may deem appropriate to pay the costs of the part of the ad- ministration of this subchapter, subchapter XVI, and subchapter XVIII for which the Secretary of Health and Human Services is responsible and of carrying out the functions of the Department of Health and Human Services, specified in section 432 of this title, which re- late to the administration of provisions of the Internal Revenue Code of 1986 other than those referred to in clause (i) of the first sentence of this subparagraph.’’ Pub. L. 103–296, § 321(c)(1)(A)(i)(III), substituted ‘‘chap- ters 2 and 21 of the Internal Revenue Code of 1986’’ for ‘‘subchapter E of chapter 1 and subchapter A of chapter 9 of the Internal Revenue Code of 1939, and chapters 2 and 21 of the Internal Revenue Code of 1954’’ in second Page 1809 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 sentence and ‘‘1986 other’’ for ‘‘1954 other’’ in last sen- tence. Subsec. (g)(1)(A)(i). Pub. L. 103–296, § 321(c)(1)(A)(i)(I), substituted ‘‘and chapters 2 and 21 of the Internal Rev- enue Code of 1986’’ for ‘‘and subchapter E of chapter 1 and subchapter A of chapter 9 of the Internal Revenue Code of 1939, and chapters 2 and 21 of the Internal Rev- enue Code of 1954’’. Pub. L. 103–296, § 107(b)(4)(A), substituted ‘‘by the Managing Trustee, the Commissioner of Social Secu- rity, and the Secretary of Health and Human Services’’ for ‘‘by him and the Secretary of Health and Human Services’’ and ‘‘by the Department of Health and Human Services for the administration of subchapter XVIII of this chapter, and by the Department of the Treasury for the administration of subchapters II and XVIII of this chapter’’ for ‘‘by the Department of Health and Human Services and the Treasury Depart- ment for the administration of subchapters II, XVI, and XVIII of this chapter’’. Subsec. (g)(1)(A)(ii). Pub. L. 103–296, § 321(c)(1)(A)(i)(II), substituted ‘‘Internal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’. Pub. L. 103–296, § 107(b)(4)(B), substituted ‘‘applicable method prescribed under paragraph (4)’’ for ‘‘method prescribed by the Board of Trustees under paragraph (4)’’, ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health and Human Services’’, and ‘‘Social Security Administration’’ for ‘‘Department of Health and Human Services’’. Subsec. (g)(1)(B). Pub. L. 103–296, § 107(b)(4)(A), added subpar. (B) and struck out former subpar. (B), as amended by Pub. L. 103–296, § 321(c)(1)(A)(i)(IV), which read as follows: ‘‘After the close of each fiscal year the Secretary of Health and Human Services shall deter- mine the portion of the costs, incurred during such fis- cal year, of administration of this subchapter, sub- chapter XVI, and subchapter XVIII of this chapter and of carrying out the functions of the Department of Health and Human Services, specified in section 432 of this title, which relate to the administration of provi- sions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of subparagraph (A)), which should have been borne by the general fund in the Treasury and the portion of such costs which should have been borne by each of the Trust Funds; except that the determination of the amounts to be borne by the general fund in the Treas- ury with respect to expenditures incurred in carrying out such functions specified in section 432 of this title shall be made pursuant to the method prescribed by the Board of Trustees under paragraph (4) of this sub- section. After such determination has been made, the Secretary of Health and Human Services shall certify to the Managing Trustee the amounts, if any, which should be transferred from one to any of the other of such Trust Funds and the amounts, if any, which should be transferred between the Trust Funds (or one of the Trust Funds) and the general fund in the Treas- ury, in order to insure that each of the Trust Funds and the general fund in the Treasury have borne their prop- er share of the costs, incurred during such fiscal year, for the part of the administration of this subchapter, subchapter XVI, and subchapter XVIII of this chapter for which the Secretary of Health and Human Services is responsible and of carrying out the functions of the Department of Health and Human Services, specified in section 432 of this title, which relate to the administra- tion of provisions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of subparagraph (A)). The Managing Trustee is authorized and directed to transfer any such amounts in accordance with any certification so made.’’ Pub. L. 103–296, § 321(c)(1)(A)(i)(IV), substituted ‘‘In- ternal Revenue Code of 1986’’ for ‘‘Internal Revenue Code of 1954’’ in two places. Subsec. (g)(1)(C), (D). Pub. L. 103–296, § 107(b)(4)(A), added subpars. (C) and (D). Subsec. (g)(2). Pub. L. 103–296, § 321(c)(1)(B)(i), in first sentence substituted ‘‘section 3101(a) of the Internal Revenue Code of 1986 which are subject to refund under section 6413(c) of such Code with respect to wages (as defined in section 3121 of such Code).’’ for ‘‘section 3101(a) which are subject to refund under section 6413(c) of the Internal Revenue Code of 1954 with respect to wages (as defined in section 1426 of the Internal Rev- enue Code of 1939 and section 3121 of the Internal Rev- enue Code of 1954) paid after December 31, 1950.’’ and in second sentence substituted ‘‘wages reported to the Secretary of the Treasury or his delegate pursuant to subtitle F of such Code,’’ for ‘‘wages reported to the Commissioner of Internal Revenue pursuant to section 1420(c) of the Internal Revenue Code of 1939 and to the Secretary of the Treasury or his delegate pursuant to subtitle F of the Internal Revenue Code of 1954,’’. Pub. L. 103–296, § 107(b)(5), in second sentence sub- stituted ‘‘maintained by the Commissioner of Social Security’’ for ‘‘established and maintained by the Sec- retary of Health and Human Services’’ and ‘‘Commis- sioner of Social Security shall furnish’’ for ‘‘Secretary shall furnish’’. Subsec. (g)(4). Pub. L. 103–296, § 107(b)(6), amended generally par. (4) as amended by Pub. L. 103–296, § 321(c)(1)(C). Prior to amendment, par. (4) read as fol- lows: ‘‘If at any time or times the Boards of Trustees of such Trust Funds deem such action advisable, they may modify the method prescribed by such Boards of determining the costs which should be borne by the general fund in the Treasury of carrying out the func- tions of the Department of Health and Human Services, specified in section 432 of this title, which relate to the administration of provisions of the Internal Revenue Code of 1986 (other than those referred to in clause (i) of the first sentence of paragraph (1)(A)).’’ Pub. L. 103–296, § 321(c)(1)(C), substituted ‘‘If at any time or times the Boards of Trustees of such Trust Funds deem such action advisable, they may modify the method prescribed by such Boards’’ for ‘‘The Board of Trustees shall prescribe before January 1, 1981, the method’’ and ‘‘Code of 1986’’ for ‘‘Code of 1954’’ and struck out at end ‘‘If at any time or times thereafter the Boards of Trustees of such Trust Funds deem such action advisable they may modify the method so deter- mined.’’ Subsec. (i)(1). Pub. L. 103–296, § 107(b)(7), amended par. (1) generally. Prior to amendment, par. (1) read as fol- lows: ‘‘The Managing Trustee of the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Dis- ability Insurance Trust Fund, the Federal Hospital In- surance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund is authorized to accept on behalf of the United States money gifts and bequests made unconditionally to any one or more of such Trust Funds or to the Department of Health and Human Services, or any part or officer thereof, for the benefit of any of such Funds or any activity financed through such Funds.’’ Subsec. (j). Pub. L. 103–296, § 107(b)(8), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing. Subsec. (k). Pub. L. 103–296, § 107(b)(8), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (l)(3)(B)(iii)(II). Pub. L. 103–296, § 107(b)(9), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (m)(3). Pub. L. 103–296, § 107(b)(10), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health and Human Services’’. 1990—Subsec. (a). Pub. L. 101–508, § 5115(a), in first sen- tence following cl. (4), substituted ‘‘from time to time’’ for ‘‘monthly on the first day of each calendar month’’ in two places and ‘‘paid to or deposited into the Treas- ury’’ for ‘‘to be paid to or deposited into the Treasury during such month’’, and in last sentence substituted ‘‘Fund. Notwithstanding the preceding sentence, in any case in which the Secretary of the Treasury determines that the assets of either such Trust Fund would other- wise be inadequate to meet such Fund’s obligations for any month, the Secretary of the Treasury shall trans- fer to such Trust Fund on the first day of such month Page 1810 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 the amount which would have been transferred to such Fund under this section as in effect on October 1, 1990; and’’ for ‘‘Fund;’’. Subsec. (c). Pub. L. 101–508, § 13304, inserted after first sentence following cl. (5) ‘‘Such statement shall include a finding by the Board of Trustees as to whether the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, indi- vidually and collectively, are in close actuarial balance (as defined by the Board of Trustees).’’ Subsec. (j). Pub. L. 101–508, § 5106(c), inserted at end ‘‘The amount available for payment under this sub- section for travel by a representative to attend an ad- ministrative proceeding before an administrative law judge or other adjudicator shall not exceed the max- imum amount allowable under this subsection for such travel originating within the geographic area of the of- fice having jurisdiction over such proceeding.’’ 1989—Subsecs. (g)(1)(A), (i)(1). Pub. L. 101–234 repealed Pub. L. 100–360, § 212(c)(1), and provided that the provi- sions of law amended or repealed by such section are restored or revised as if such section had not been en- acted, see 1988 Amendment note below. 1988—Subsec. (c). Pub. L. 100–647 inserted after first sentence ‘‘A member of the Board of Trustees serving as a member of the public and nominated and con- firmed to fill a vacancy occurring during a term shall be nominated and confirmed only for the remainder of such term. An individual nominated and confirmed as a member of the public may serve in such position after the expiration of such member’s term until the earlier of the time at which the member’s successor takes of- fice or the time at which a report of the Board is first issued under paragraph (2) after the expiration of the member’s term.’’ Subsec. (g)(1)(A). Pub. L. 100–360, § 212(c)(1)(A), sub- stituted ‘‘, Federal Supplementary Medical Insurance Trust Fund, and the Federal Catastrophic Drug Insur- ance Trust Fund’’ for ‘‘and the Federal Supplementary Medical Insurance Trust Fund’’. Subsec. (i)(1). Pub. L. 100–360, § 212(c)(1)(B), sub- stituted ‘‘, Federal Hospital Insurance Catastrophic Coverage Reserve Fund, Federal Supplementary Med- ical Insurance Trust Fund, and the Federal Cata- strophic Drug Insurance Trust Fund’’ for ‘‘and the Fed- eral Supplementary Medical Insurance Trust Fund’’. 1986—Subsec. (c). Pub. L. 99–272, in provisions fol- lowing par. (5), substituted ‘‘. Such report shall’’ for ‘‘: Provided, That the certification shall not refer to economic assumptions underlying the Trustee’s report, and shall’’. 1984—Subsecs. (a)(3), (4), (b)(1), (2). Pub. L. 98–369, § 2663(j)(2)(A)(i), substituted ‘‘Health and Human Serv- ices’’ for ‘‘Health, Education, and Welfare’’. Subsec. (d). Pub. L. 98–369, § 2663(a)(1)(A), substituted ‘‘chapter 31 of title 31’’ for ‘‘the Second Liberty Bond Act, as amended’’ and ‘‘public-debt obligations’’ for ‘‘public-debt obligation’’. Subsec. (g)(1). Pub. L. 98–369, § 2663(j)(2)(A)(i), sub- stituted ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’. Subsec. (g)(1)(B). Pub. L. 98–369, § 2663(a)(1)(B), sub- stituted ‘‘clause’’ for ‘‘clauses’’ in first sentence. Subsecs. (g)(2), (4), (i)(1). Pub. L. 98–369, § 2663(j)(2)(A)(i), substituted ‘‘Health and Human Serv- ices’’ for ‘‘Health, Education, and Welfare’’. Subsec. (l)(3)(B)(i). Pub. L. 98–369, § 2661(a), inserted ‘‘Insurance’’ after ‘‘Survivors’’. 1983—Subsec. (a). Pub. L. 98–21, § 141(a), in provisions following par. (4), substituted ‘‘monthly on the first day of each calendar month’’ for ‘‘from time to time’’, wherever appearing, and ‘‘to be paid or deposited into the Treasury during such month’’ for ‘‘paid to or depos- ited into the Treasury’’, and inserted provision that all amounts transferred to either Trust Fund under the preceding sentence shall be invested by the Managing Trustee in the same manner and to the same extent as the other assets of such Trust Fund; and such Trust Fund shall pay interest to the general fund on the amount so transferred on the first day of any month at a rate (calculated on a daily basis, and applied against the difference between the amount so transferred on such first day and the amount which would have been transferred to the Trust Fund up to that day under the procedures in effect on Jan. 1, 1983) equal to the rate earned by the investments of such Fund in the same month under subsection (d) of this section. Subsec. (b)(1)(K) to (P). Pub. L. 98–21, § 126(a), sub- stituted, in cls. (K), (L), and (M), appropriations equiva- lent to 100 per centum of (K) 1.65 per centum of the wages (as so defined) paid after Dec. 31, 1981, and before Jan. 1, 1983, and so reported, (L) 1.25 per centum of the wages (as so defined) paid after Dec. 31, 1982, and before Jan. 1, 1984, and so reported, (M) 1.00 per centum of the wages (as so defined) paid after Dec. 31, 1983, and before Jan. 1, 1988, and so reported, for such appropriations of (K) 1.65 per centum of the wages (as so defined) paid after Dec. 31, 1981, and before Jan. 1, 1985, and so re- ported, (L) 1.90 per centum of the wages (as so defined) paid Dec. 31, 1984, and before Jan. 1, 1990, and so re- ported, and (M) 2.20 per centum of the wages (as so de- fined) paid after Dec. 31, 1989, and so reported, and added cls. (N) to (P). Subsec. (b)(2)(K) to (P). Pub. L. 98–21, § 126(b), sub- stituted, in cls. (K), (L), and (M), appropriations equiva- lent to 100 per centum of (K) 1.2375 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1981, and before Jan. 1, 1983, (L) 0.9375 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1982, and before Jan. 1, 1984, (M) 1.00 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1983, and before Jan. 1, 1988, for such appropriations of (K) 1.2375 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1981, and before Jan. 1, 1985, (L) 1.4250 per centum of the amount of self-employment in- come (as so defined) so reported for any taxable year beginning after Dec. 31, 1984, and before Jan. 1, 1990, and (M) 1.6500 per centum of the amount of self-employ- ment income (as so defined) so reported for any taxable year beginning after Dec. 31, 1989, and added cls. (N) to (P). Subsec. (c). Pub. L. 98–21, § 341(a), substituted ‘‘Sec- retary of Health and Human Services, all ex officio, and of two members of the public (both of whom may not be from the same political party), who shall be nomi- nated by the President for a term of four years and sub- ject to confirmation by the Senate’’ for ‘‘Secretary of Health, Education, and Welfare, all ex officio’’ in provi- sions preceding par. (1), and inserted provision that a person serving on the Board of Trustees shall not be considered to be a fiduciary and shall not be personally liable for actions taken in such capacity with respect to the Trust Funds, in provisions following par. (5). Pub. L. 98–21, § 154(a), in provisions following par. (5), inserted provision that the report referred to in par. (2) shall include an actuarial opinion by the Chief Actuary of the Social Security Administration certifying that the techniques and methodologies used are generally accepted within the actuarial profession and that the assumptions and cost estimates used are reasonable, and provided further that the certification shall not refer to economic assumptions underlying the Trustee’s report. Subsec. (l)(1). Pub. L. 98–21, § 142(a)(1), substituted ref- erence to January 1988 for reference to January 1983, and inserted ‘‘, subject to paragraph (5),’’ after ‘‘such Trust Fund, or’’. Subsec. (l)(2). Pub. L. 98–21, § 142(a)(2)(A), substituted ‘‘on the last day of each month after such loan is made’’ for ‘‘from time to time’’, substituted ‘‘the total interest accrued to such day’’ for ‘‘interest’’, and in- serted ‘‘(even if such an investment would earn interest at a rate different than the rate earned by investments redeemed by the lending fund in order to make the loan)’’. Page 1811 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 Subsec. (l)(3). Pub. L. 98–21, § 142(a)(3), designated ex- isting provisions as subpar. (A) and added subpars. (B) and (C). Subsec. (l)(5). Pub. L. 98–21, § 142(a)(4), added par. (5). Subsec. (m). Pub. L. 98–21, § 152(a), added subsec. (m). 1981—Subsec. (l). Pub. L. 97–123 added subsec. (l). 1980—Subsec. (b)(1)(H) to (M). Pub. L. 96–403, § 1(a), substituted in cl. (H) reference to Jan. 1, 1980, for Jan. 1, 1981; added cls. (I) and (J); redesignated as cl. (K) former cl. (I) substituting reference to Dec. 31, 1981, for Dec. 31, 1980; and redesignated as cls. (L) and (M) former cls. (J) and (K). Subsec. (b)(2)(H) to (M). Pub. L. 96–403, § 1(b), sub- stituted in cl. (H) reference to Jan. 1, 1980, for Jan. 1, 1981; added cls. (I) and (J); redesignated as cl. (K) former cl. (I) substituting reference to Dec. 31, 1981, for Dec. 31, 1980; and redesignated as cls. (L) and (M) former cls. (J) and (K). Subsec. (j). Pub. L. 96–265, § 310(a), added subsec. (j). Subsec. (k). Pub. L. 96–265, § 505(a)(5), added subsec. (k). 1977—Subsec. (b)(1)(G) to (K). Pub. L. 95–216, § 102(a)(1), substituted ‘‘(G) 1.55 per centum of the wages (as so defined) paid after December 31, 1977, and before January 1, 1979, and so reported, (H) 1.50 per centum of the wages (as so defined) paid after December 31, 1978, and before January 1, 1981, and so reported, (I) 1.65 per centum of the wages (as so defined) paid after Decem- ber 31, 1980, and before January 1, 1985, and so reported, (J) 1.90 per centum of the wages (as so defined) paid after December 31, 1984, and before January 1, 1990, and so reported, and (K) 2.20 per centum of the wages (as so defined) paid after December 31, 1989, and so reported’’ for ‘‘(G) 1.2 per centum of the wages (as so defined) paid after December 31, 1977, and before January 1, 1981, and so reported, (H) 1.3 per centum of the wages (as so de- fined) paid after December 31, 1980, and before January 1, 1986, and so reported, (I) 1.4 per centum of the wages (as so defined) paid after December 31, 1985, and before January 1, 2011, and so reported, and (J) 1.7 per centum of the wages (as so defined) paid after December 31, 2010, and so reported’’. Subsec. (b)(2)(G) to (K). Pub. L. 95–216, § 102(a)(2), sub- stituted ‘‘(G) 1.090 per centum of the amount of self-em- ployment income (as so defined) so reported for any taxable year beginning after December 31, 1977, and be- fore January 1, 1979, (H) 1.0400 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1978, and before January 1, 1981, (I) 1.2375 per centum of the amount of self-employment income (as so de- fined) so reported for any taxable year beginning after December 31, 1980, and before January 1, 1985, (J) 1.4250 per centum of the amount of self-employment income (as so defined) so reported for any taxable year begin- ning after December 31, 1984, and before January 1, 1990, and (K) 1.650 per centum of the amount of self-employ- ment income (as so defined) so reported for any taxable year beginning after December 31, 1989’’ for ‘‘(G) 0.850 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year begin- ning after December 31, 1977, and before January 1, 1981, (H) 0.920 of 1 per centum of the amount of self-employ- ment income (as so defined) so reported for any taxable year beginning after December 31, 1980, and before Jan- uary 1, 1986, (I) 0.990 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1985, and before January 1, 2011, and (J) 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 2010’’. 1976—Subsec. (g)(1). Pub. L. 94–202, § 8(d)(1), incor- porated changes in the operations and responsibilities of the Managing Trustee of the Trust Funds and the Secretary of Health, Education, and Welfare occasioned by changes in the annual method of reporting wages for social security purposes, by directing that estimated amounts paid from the Trust Funds into the Treasury, to replace amounts expended from the general fund in the Treasury, be estimated by both the Managing Trustee and the Secretary and that the Secretary de- termine the portion of costs attributable to the general fund in the Treasury and the portion attributable to the Trust Funds at the close of the fiscal year, by striking out reference to section 1381 of this title, and by inserting reference to par. (4) of this section, section 432 of this title, and subchapter E of chapter 1 and sub- chapter A of chapter 9 of the Internal Revenue Code of 1939. Subsec. (g)(4). Pub. L. 94–202, § 8(d)(2), added par. (4). 1973—Subsec. (b)(1)(E) to (J). Pub. L. 93–233, § 7(a), substituted in: cl. (E) ‘‘January 1, 1974’’ for ‘‘January 1, 1978’’; cl. (F) ‘‘December 31, 1973’’ and ‘‘January 1, 1978’’ for ‘‘December 31, 1977’’ and ‘‘January 1, 2011’’; cl. (G) ‘‘1.2’’ for ‘‘1.5’’ per centum and ‘‘paid after December 31, 1977, and before January 1, 1981’’ for ‘‘paid after Decem- ber 31, 2010,’’ and added cls. (H) to (J). Subsec. (b)(2)(E) to (J). Pub. L. 93–233, § 7(b), sub- stituted in: cl. (E) ‘‘January 1, 1974’’ for ‘‘January 1, 1978’’; cl. (F) ‘‘0.815 of 1 per centum’’ for ‘‘0.84 per cen- tum’’ and ‘‘as reported for any taxable year beginning after December 31, 1973, and before January 1, 1978’’ for ‘‘so reported for any taxable year beginning after De- cember 31, 1977, and before January 1, 2011’’; cl. (G) ‘‘0.850 of 1 percentum’’ for ‘‘0.895 per centum’’ and ‘‘tax- able year beginning after December 31, 1977, and before January 1, 1981’’ for ‘‘taxable year beginning after De- cember 31, 2010’’; and added cls. (H) to (J). 1972—Subsec. (a). Pub. L. 92–603, § 132(a), inserted ‘‘such gifts and bequests as may be made as provided in subsection (i)(1), and’’ after ‘‘in addition,’’ in provisions preceding par. (1). Subsec. (b). Pub. L. 92–603, § 132(b), inserted ‘‘such gifts and bequests as may be made as provided in sub- section (i)(1), and’’ after ‘‘consist of’’ in provisions pre- ceding par. (1). Subsec. (b)(1). Pub. L. 92–603, § 136(a), substituted ‘‘1.1’’ for ‘‘1.0’’ in cl. (E), ‘‘1.15’’ for ‘‘1.1’’ in cl. (F), and ‘‘1.5’’ for ‘‘1.4’’ in cl. (G). Pub. L. 92–336, § 205(a), struck out ‘‘and’’ before ‘‘(D)’’, inserted reference to wages paid before January 1, 1973, in cl. (D), and added cls. (E), (F), and (G). Subsec. (b)(2). Pub. L. 92–603, § 136(b), substituted ‘‘0.795’’ for ‘‘0.75’’ in cl. (E), ‘‘0.84’’ for ‘‘0.825’’ in cl. (F), and ‘‘0.895’’ for ‘‘0.915’’ in cl. (G). Pub. L. 92–336, § 205(b), struck out ‘‘and’’ before ‘‘(D)’’, inserted reference to self-employment income before January 1, 1973, in cl. (D), and added cls. (E), (F), and (G). Subsec. (g)(1)(A). Pub. L. 92–603, § 305(a), inserted ref- erences to subchapter XVI of this chapter and provi- sions relating to the general revenues of the United States with respect to subchapter XVI of this chapter and to the appropriations made pursuant to section 1381 of this title. Subsec. (i). Pub. L. 92–603, § 132(c), added subsec. (i). 1969—Subsec. (b)(1). Pub. L. 91–172, § 1005(a), inserted reference to wages paid before Jan. 1, 1969, and inserted provision for the appropriation of amounts equal to 1.10 per centum of wages paid after Dec. 31, 1969. Subsec. (b)(2). Pub. L. 91–172, § 1005(b), inserted ref- erence to self-employment income before Jan. 1, 1970, and inserted provision for the appropriation of 0.825 of 1 percent of the amount of self-employment income for taxable years beginning after Dec. 31, 1969. 1968—Subsec. (b)(1). Pub. L. 90–248, § 110(a), designated existing provisions as cls. (A) and (B), inserted ‘‘and be- fore January 1, 1968,’’ after ‘‘1965,’’ in cl. (B), and added cl. (C). Subsec. (b)(2). Pub. L. 90–248, § 110(b), designated ex- isting provisions as cls. (A) and (B), inserted ‘‘and be- fore January 1, 1968, and’’ after ‘‘1965,’’ in cl. (B), and added cl. (C). Subsec. (c)(2). Pub. L. 90–248, § 169(a), substituted ‘‘April’’ for ‘‘March’’. Subsec. (c). Pub. L. 90–248, § 169(b), inserted penul- timate sentence for inclusion in reports of board of trustees to Congress of an actuarial analysis of the ben- efit disbursements made from the Federal Old-Age and Page 1812 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 Survivors Insurance Trust Fund with respect to dis- abled beneficiaries. 1965—Subsec. (a)(3). Pub. L. 89–97, § 108(a)(1), inserted ‘‘(other than sections 3101(b) and 3111(b))’’ after ‘‘chap- ter 21’’ in two places. Subsec. (a)(4). Pub. L. 89–97, § 108(a)(2), inserted ‘‘(other than section 1401(b))’’ after ‘‘chapter 2’’ and ‘‘such subchapter or chapter’’. Subsec. (b)(1). Pub. L. 89–97, § 305(a), inserted ‘‘and be- fore January 1, 1966,’’ after ‘‘December 31, 1956,’’ and ‘‘and 0.70 of 1 per centum of the wages (as so defined) paid after December 31, 1965, and so reported,’’ after ‘‘1954,’’. Subsec. (b)(2). Pub. L. 89–97, § 305(b), inserted ‘‘and be- fore January 1, 1966, and 0.525 of 1 per centum of the amount of self-employment income (as so defined) so reported for any taxable year beginning after December 31, 1965,’’ after ‘‘December 31, 1956,’’. Subsec. (c). Pub. L. 89–97, § 327, extended from once each six months to once each calendar year the min- imum number of times the Board of Trustees must meet. Subsec. (g)(1). Pub. L. 89–97, § 108(a)(3), included the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund among the Trust Funds available for reimbursement of the Treasury for administrative costs of this subchapter and subchapter XVIII of this chapter, deleted ref- erences to administrative costs of subchapter VIII of this chapter and subchapter E of chapter 1 and sub- chapter 9 of the Internal Revenue Code of 1939, and also provided for adjustment among the Trust Funds during each fiscal year so that the Funds bear the propor- tionate share of the administration costs. Subsec. (g)(2). Pub. L. 89–97, § 108(a)(4), inserted ‘‘im- posed under section 3101(a)’’ after ‘‘the amount esti- mated by him as taxes’’. Subsec. (h). Pub. L. 89–97, § 108(a)(5), inserted ‘‘(other than section 426 of this title)’’ after ‘‘this subchapter’’. 1960—Subsec. (c). Pub. L. 86–778, § 701(a)–(c), required the Board of Trustees to meet not less frequently than once each six months, struck out provisions from cl. (3) which required the Board to report immediately to the Congress whenever the Board is of the opinion that dur- ing the ensuing five fiscal years either of the Trust Funds will exceed three times the highest annual ex- penditures from such Trust Fund anticipated during that five-fiscal-year period, and added cl. (5). Subsec. (d). Pub. L. 86–778, § 701(d), substituted ‘‘shall bear interest at a rate equal to the average market yield (computed by the Managing Trustee on the basis of market quotations as of the end of the calendar month next preceding the date of such issue) on all marketable interest-bearing obligations of the United States then forming a part of the public debt which are not due or callable until after the expiration of four years from the end of such calendar month’’ for ‘‘bear interest at a rate equal to the average rate of interest, computed as to the end of the calendar month next pre- ceding the date of such issue, borne by all marketable interest-bearing obligations of the United States then forming a part of the Public Debt that are not due or callable until after the expiration of five years from the date of original issue’’, and substituted provisions authorizing the purchase of other interest-bearing obli- gations when the Managing Trustee determines that it is in the public interest for provisions which authorized the issuance of obligations by the Trust Funds only if the Managing Trustee determined that the purchase of other obligations was not in the public interest. Subsec. (e). Pub. L. 86–778, § 701(e), substituted ‘‘pub- lic-debt obligations’’ for ‘‘special obligations’’ in two places. 1959—Subsec. (d). Pub. L. 86–346 substituted ‘‘on origi- nal issue at the issue price’’ for ‘‘on original issue at par’’. 1958—Subsec. (h). Pub. L. 85–840 provided that benefit payments required to be made under subsection (b), (c), or (d) of section 402 of this title to individuals entitled to benefits on the basis of the wages and self-employ- ment income of an individual entitled to disability in- surance benefits be made only from the Federal Dis- ability Insurance Trust Fund. 1956—Act Aug. 1, 1956, amended section generally, in- serting references to taxes imposed by the Internal Revenue Code of 1954, substituting ‘‘Secretary of Health, Education, and Welfare’’ for ‘‘Federal Security Administrator,’’ creating the Federal Disability Insur- ance Trust Fund, requiring obligations issued for pur- chase by the Trust Funds to have maturities fixed with due regard for the needs of the Trust Funds, author- izing to be made available for expenditure out of the Trust Funds such amounts as Congress deems nec- essary to pay costs of administration of subchapter, and requiring the Secretary of Health, Education, and Welfare to analyze costs of administration so that each Trust Fund may be charged with its proper share. 1950—Subsec. (a). Act Aug. 28, 1950, § 109(a)(1)–(3), sub- stituted ‘‘such amounts as may be appropriated to, or deposited in, the Trust Fund’’ for ‘‘such amounts as may be appropriated to the Trust Fund’’ in second sen- tence, simplified the accounting and collection proc- esses required for determining the amounts appro- priated to the trust fund, as set out in third sentence, and struck out fourth sentence authorizing appropria- tion of additional funds. Subsec. (b). Act Aug. 28, 1950, § 109(a)(4)–(8), sub- stituted ‘‘Federal Security Administrator’’ for ‘‘Chair- man of the Social Security Board’’, changed filing date for annual report from first day of each regular session of Congress to March 1 of each year, added par. (4), in- serted sentence to require report to be printed as a House document, and made Commissioner of Social Se- curity the Secretary of the Board of Trustees. Subsec. (f). Act. Aug. 28, 1950, § 109(a)(9), changed ref- erence in text from Title II of the Federal Insurance Contributions Act to subchapter A of chapter 9 and sub- chapter E of chapter 1 of the Internal Revenue Code of 1939 to avoid confusion and to include the new provi- sions of such Code relating to the collection of taxes from the self-employed. 1944—Subsec. (a). Act Feb. 25, 1944, inserted sentence authorizing appropriation of additional funds. 1939—Act Aug. 10, 1939, amended section generally. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–74, title VIII, § 833(3), Nov. 2, 2015, 129 Stat. 614, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall apply with respect to wages paid after December 31, 2015, and self-employ- ment income for taxable years beginning after such date.’’ EFFECTIVE DATE OF 1998 AMENDMENT Pub. L. 105–277, div. J, title IV, § 4005(c), Oct. 21, 1998, 112 Stat. 2681–912, provided that: ‘‘The amendments made by subsection (b) [amending this section] shall apply to benefits paid on or after the first day of the second month beginning after the month in which this Act is enacted [October 1998].’’ EFFECTIVE DATE OF 1994 AMENDMENT Pub. L. 103–387, § 3(c), Oct. 22, 1994, 108 Stat. 4075, pro- vided that: ‘‘The amendments made by this section [amending this section] shall apply with respect to wages paid after December 31, 1993, and self-employ- ment income for taxable years beginning after such date.’’ Pub. L. 103–296, title I, § 110, Aug. 15, 1994, 108 Stat. 1490, provided that: ‘‘(a) IN GENERAL.—Except as otherwise provided in this title, this title [see Tables for classification], and the amendments made by such title, shall take effect March 31, 1995. ‘‘(b) TRANSITION RULES.—Section 106 [amending sec- tion 5315 of Title 5, Government Organization and Em- ployees, and enacting provisions set out as a note under Page 1813 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 section 901 of this title] shall take effect on the date of the enactment of this Act [Aug. 15, 1994]. ‘‘(c) EXCEPTIONS.—The amendments made by section 103 [amending section 903 of this title], subsections (b)(4) and (c) of section 105 [enacting provisions set out in a note under section 901 of this title], and sub- sections (a)(1), (e)(1), (e)(2), (e)(3), and (l)(2) of section 108 [enacting section 913 of this title and amending sec- tions 5312, 5313, and 5315 of Title 5 and section 11 of Pub. L. 95–452, Inspector General Act of 1978, set out in the Appendix to Title 5] shall take effect on the date of the enactment of this Act.’’ Pub. L. 103–296, title III, § 301(c), Aug. 15, 1994, 108 Stat. 1518, provided that: ‘‘(1) IN GENERAL.—The amendments made by this sec- tion [amending this section] shall apply with respect to obligations issued, and payments made, after 60 days after the date of the enactment of this Act [Aug. 15, 1994]. ‘‘(2) TREATMENT OF OUTSTANDING OBLIGATIONS.—Not later than 60 days after the date of the enactment of this Act, the Secretary of the Treasury shall issue to the Federal Old-Age and Survivors Insurance Trust Fund or the Federal Disability Insurance Trust Fund, as applicable, a paper instrument, in the form of a bond, note, or certificate of indebtedness, for each obli- gation which has been issued to the Trust Fund under section 201(d) of the Social Security Act [42 U.S.C. 401(d)] and which is outstanding as of such date. Each such document shall set forth the principal amount, date of maturity, and interest rate of the obligation, and shall state on its face that the obligation shall be incontestable in the hands of the Trust Fund to which it was issued, that the obligation is supported by the full faith and credit of the United States, and that the United States is pledged to the payment of the obliga- tion with respect to both principal and interest.’’ Pub. L. 103–296, title III, § 321(c)(1)(A)(ii), Aug. 15, 1994, 108 Stat. 1537, provided that: ‘‘The amendments made by clause (i) [amending this section] shall apply only with respect to periods beginning on or after the date of the enactment of this Act [Aug. 15, 1994].’’ Pub. L. 103–296, title III, § 321(c)(1)(B)(ii), Aug. 15, 1994, 108 Stat. 1537, provided that: ‘‘The amendments made by clause (i) [amending this section] shall apply only with respect to wages paid on or after January 1, 1995.’’ EFFECTIVE DATE OF 1990 AMENDMENT Pub. L. 101–508, title V, § 5106(d), Nov. 5, 1990, 104 Stat. 1388–269, provided that: ‘‘The amendments made by this section [amending this section and sections 406, 1320a–6, 1383, and 1395i of this title] shall apply with respect to determinations made on or after July 1, 1991, and to re- imbursement for travel expenses incurred on or after April 1, 1991.’’ Pub. L. 101–508, title V, § 5115(c)[(b)], Nov. 5, 1990, 104 Stat. 1388–274, provided that: ‘‘The amendments made by this section [amending this section] shall become ef- fective on the first day of the month following the month in which this Act is enacted [November 1991].’’ Amendment by section 13304 of Pub. L. 101–508 effec- tive for annual reports of the Board of Trustees issued in or after calendar year 1991, see section 13306 of Pub. L. 101–508, set out as a note under section 632 of Title 2, The Congress. EFFECTIVE DATE OF 1989 AMENDMENT Pub. L. 101–234, title II, § 202(b), Dec. 13, 1989, 103 Stat. 1981, provided that: ‘‘The provisions of subsection (a) [set out below] shall take effect January 1, 1990, and the repeal of section 211 of MCCA [Pub. L. 100–360, which amended sections 1395r, 1395w, and 1395mm of this title and enacted provisions set out as a note under section 1395r of this title] shall apply to premiums for months beginning after December 31, 1989.’’ EFFECTIVE DATE OF 1988 AMENDMENT Pub. L. 100–647, title VIII, § 8005(b), Nov. 10, 1988, 102 Stat. 3781, provided that: ‘‘The amendments made by this section [amending this section and sections 1395i and 1395t of this title] shall apply to members of the Boards of Trustees of the Federal Old-Age and Sur- vivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund, of the Federal Hospital Insur- ance Trust Fund, and of the Federal Supplementary Medical Insurance Trust Fund serving on such Boards of Trustees as members of the public on or after the date of the enactment of this Act [Nov. 10, 1988].’’ EFFECTIVE DATE OF 1986 AMENDMENT Pub. L. 99–272, title IX, § 9213(c), Apr. 7, 1986, 100 Stat. 180, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 1395i and 1395t of this title] shall become effective on the date of the enactment of this Act [Apr. 7, 1986].’’ EFFECTIVE DATE OF 1984 AMENDMENT Pub. L. 98–369, div. B, title VI, § 2664, July 18, 1984, 98 Stat. 1171, provided that: ‘‘(a) Except as otherwise specifically provided, the amendments made by sections 2661 and 2662 [amending this section and sections 402, 403, 405, 409, 410, 415, 416, 423, 428, and 429 of this title and sections 86, 134, 422A, 3121, 3306, and 6334 of Title 26, Internal Revenue Code, enacting provisions set out as notes under sections 402 and 403 of this title and sections 3121 and 3306 of Title 26, and amending provisions set out as notes under sec- tions 415 and 902 of this title, section 3121 of Title 26, and section 3023 [now 5123] of Title 38, Veterans’ Bene- fits] shall be effective as though they had been included in the enactment of the Social Security Amendments of 1983 (Public Law 98–21). ‘‘(b) Except to the extent otherwise specifically pro- vided in this subtitle [subtitle D (§§ 2661–2664) of Pub. L. 98–369], the amendments made by section 2663 [amend- ing this section and sections 402, 403, 405, 408–410, 411, 413, 415, 416–418, 421–423, 426, 428, 430, 431, 433, 502, 503, 602, 603, 606, 607, 609, 610, 614, 615, 620, 631, 632, 633, 634, 636, 641, 643–645, 652–654, 656, 660, 662, 674, 902, 903, 907, 1101, 1104, 1108, 1301, 1302, 1306, 1307, 1314–1316, 1320, 1320a–5, 1320b–1, 1381a–1382a, 1382c, 1382d, 1382g, 1382j, 1383, 1395i, 1395s–1395u, 1396, 1397a, and 1397e of this title and sections 51, 1402, 3121, 6057, 6103, and 6511 of Title 26, repealing sections 1331–1336 of this title, and enacting provisions set out as notes under sections 1301 and 1307 of this title] shall be effective on the date of the enact- ment of this Act [July 18, 1984]; but none of such amendments shall be construed as changing or affect- ing any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date.’’ EFFECTIVE DATE OF 1983 AMENDMENT Pub. L. 98–21, title I, § 141(c), Apr. 20, 1983, 97 Stat. 99, provided that: ‘‘The amendments made by this section [amending this section and section 1395i of this title] shall become effective on the first day of the month fol- lowing the month in which this Act is enacted [April 1983].’’ Pub. L. 98–21, title I, § 142(a)(2)(B), Apr. 20, 1983, 97 Stat. 99, provided that: ‘‘The amendment made by this paragraph [amending this section] shall apply with re- spect to months beginning more than thirty days after the date of enactment of this Act [Apr. 20, 1983].’’ Pub. L. 98–21, title I, § 152(b), Apr. 20, 1983, 97 Stat. 105, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall apply with respect to all checks for benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] which are issued on or after the first day of the twenty-fourth month following the month in which this Act is enacted [April 1983].’’ Pub. L. 98–21, title I, § 154(e), Apr. 20, 1983, 97 Stat. 107, provided that: ‘‘The amendments made by this section [amending this section and sections 1395i and 1395t of this title] shall take effect on the date of the enact- ment of this Act [Apr. 20, 1983].’’ Pub. L. 98–21, title III, § 341(d), Apr. 20, 1983, 97 Stat. 136, provided that: ‘‘The amendments made by this sec- Page 1814 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 tion [amending this section and sections 1395i and 1395t of this title] shall become effective on the date of en- actment of this Act [Apr. 20, 1983].’’ EFFECTIVE DATE OF 1981 AMENDMENT Pub. L. 97–123, § 1(c), Dec. 29, 1981, 95 Stat. 1660, pro- vided that: ‘‘The amendments made by this section [amending this section and section 1395i of this title] shall be effective on the date of the enactment of this Act [Dec. 29, 1981].’’ EFFECTIVE DATE OF 1980 AMENDMENT Pub. L. 96–403, § 2, Oct. 9, 1980, 94 Stat. 1710, provided that: ‘‘The amendments made by the first section of this Act [amending this section] shall apply with re- spect to remuneration paid, and taxable years begin- ning after December 31, 1979.’’ EFFECTIVE DATE OF 1977 AMENDMENT Amendment by Pub. L. 95–216 applicable with respect to remuneration paid or received, and taxable years be- ginning after 1977, see section 104 of Pub. L. 95–216, set out as a note under section 1401 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–603, title I, § 132(f), Oct. 30, 1972, 86 Stat. 1361, provided that: ‘‘The amendments made by this section [amending this section and sections 1395i and 1395t of this title] shall apply with respect to gifts and bequests received after the date of enactment of this Act [Oct. 30, 1972].’’ Pub. L. 92–603, title III, § 305(c), Oct. 30, 1972, 86 Stat. 1485, provided that: ‘‘The provisions of this section [amending this section and enacting provisions set out as a note under this section] shall become effective on the date of enactment of this Act [Oct. 30, 1972].’’ EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–778, title VII, § 701(f), Sept. 13, 1960, 74 Stat. 993, provided that: ‘‘The amendments made by this sec- tion [amending this section] shall take effect on the first day of the first month beginning after the date of the enactment of this Act [Sept. 13, 1960].’’ EFFECTIVE DATE OF 1958 AMENDMENT Amendment by Pub. L. 85–840 applicable with respect to monthly benefits under this subchapter for months after August 1958, but only if an application for such benefits is filed on or after Aug. 28, 1958, see section 207(a) of Pub. L. 85–840, set out as a note under section 416 of this title. EFFECTIVE DATE OF 1939 AMENDMENT 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. CONSTRUCTION OF 1994 AMENDMENT Pub. L. 103–296, title III, § 321(d), Aug. 15, 1994, 108 Stat. 1538, provided that: ‘‘(1) The preceding provisions of this section [amend- ing this section and sections 402, 403, 405, 408 to 411, 413, 415, 416, 418, 423, 429, 430, and 432 of this title, and enact- ing provisions set out as notes under this section and sections 402 and 430 of this title] shall be construed only as technical and clerical corrections and as re- flecting the original intent of the provisions amended thereby. ‘‘(2) Any reference in title II of the Social Security Act [42 U.S.C. 401 et seq.] to the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] shall be construed to include a reference to the Internal Revenue Code of 1954 to the extent necessary to carry out the provisions of para- graph (1).’’ PROTECTION OF SOCIAL SECURITY Pub. L. 110–234, title XV, § 15361, May 22, 2008, 122 Stat. 1527, and Pub. L. 110–246, § 4(a), title XV, § 15361, June 18, 2008, 122 Stat. 1664, 2289, provided that: ‘‘To ensure that the assets of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401) are not re- duced as a result of the enactment of this Act [see Ta- bles for classification], the Secretary of the Treasury shall transfer annually from the general revenues of the Federal Government to those trust funds the fol- lowing amounts: ‘‘(1) For fiscal year 2009, $5,000,000. ‘‘(2) For fiscal year 2010, $9,000,000. ‘‘(3) For fiscal year 2011, $8,000,000. ‘‘(4) For fiscal year 2012, $7,000,000. ‘‘(5) For fiscal year 2013, $8,000,000. ‘‘(6) For fiscal year 2014, $8,000,000. ‘‘(7) For fiscal year 2015, $8,000,000. ‘‘(8) For fiscal year 2016, $6,000,000. ‘‘(9) For fiscal year 2017, $7,000,000.’’ [Pub. L. 110–234 and Pub. L. 110–246 enacted identical provisions. Pub. L. 110–234 was repealed by section 4(a) of Pub. L. 110–246, set out as a note under section 8701 of Title 7, Agriculture.] NO IMPACT ON SOCIAL SECURITY TRUST FUNDS Pub. L. 107–147, title V, § 501, Mar. 9, 2002, 116 Stat. 58, provided that: ‘‘(a) IN GENERAL.—Nothing in this Act [see Tables for classification] (or an amendment made by this Act) shall be construed to alter or amend title II of the So- cial Security Act [42 U.S.C. 401 et seq.] (or any regula- tion promulgated under that Act [42 U.S.C. 301 et seq.]). ‘‘(b) TRANSFERS.— ‘‘(1) ESTIMATE OF SECRETARY.—The Secretary of the Treasury shall annually estimate the impact that the enactment of this Act has on the income and bal- ances of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401). ‘‘(2) TRANSFER OF FUNDS.—If, under paragraph (1), the Secretary of the Treasury estimates that the en- actment of this Act has a negative impact on the in- come and balances of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401), the Secretary shall transfer, not less frequently than quarterly, from the general revenues of the Fed- eral Government an amount sufficient so as to ensure that the income and balances of such trust funds are not reduced as a result of the enactment of this Act.’’ IMPACT OF PUB. L. 107–134 ON SOCIAL SECURITY TRUST FUNDS Pub. L. 107–134, title III, § 301, Jan. 23, 2002, 115 Stat. 2444, provided that: ‘‘(a) IN GENERAL.—Nothing in this Act [see Short Title of 2002 Amendment note set out under section 1 of Title 26, Internal Revenue Code] (or an amendment made by this Act) shall be construed to alter or amend title II of the Social Security Act [42 U.S.C. 401 et seq.] (or any regulation promulgated under that Act [42 U.S.C. 301 et seq.]). ‘‘(b) TRANSFERS.— ‘‘(1) ESTIMATE OF SECRETARY.—The Secretary of the Treasury shall annually estimate the impact that the enactment of this Act has on the income and bal- ances of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401). ‘‘(2) TRANSFER OF FUNDS.—If, under paragraph (1), the Secretary of the Treasury estimates that the en- actment of this Act has a negative impact on the in- come and balances of the trust funds established under section 201 of the Social Security Act (42 U.S.C. 401), the Secretary shall transfer, not less frequently than quarterly, from the general revenues of the Fed- eral Government an amount sufficient so as to ensure that the income and balances of such trust funds are not reduced as a result of the enactment of this Act.’’ STUDY BY GENERAL ACCOUNTING OFFICE OF EXISTING COORDINATION OF THE DI AND SSI PROGRAMS AS THEY RELATE TO INDIVIDUALS ENTERING OR LEAVING CONCURRENT ENTITLEMENT Pub. L. 106–170, title III, § 303(b), Dec. 17, 1999, 113 Stat. 1904, provided that, as soon as practicable after Page 1815 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 Dec. 17, 1999, the Comptroller General was to undertake a study to evaluate the coordination of the disability insurance program under title II of the Social Security Act (42 U.S.C. 401 et seq.) and the supplemental secu- rity income program under title XVI (42 U.S.C. 1381 et seq.) of that Act, as such programs related to individ- uals entering or leaving concurrent entitlement under such programs, specifically addressing the effectiveness of work incentives under such programs and the effec- tiveness of coverage of such individuals under titles XVIII and XIX of that Act (42 U.S.C. 1395 et seq., 1396 et seq.), and not later than 3 years after Dec. 17, 1999, was to transmit to the appropriate congressional com- mittees a report presenting the results of the study and any appropriate recommendations for legislative or ad- ministrative changes. USE OF CONTINUING DISABILITY REVIEW FUNDS AND REPORT REQUIREMENT Pub. L. 104–121, title I, § 103(d), Mar. 29, 1996, 110 Stat. 850, as amended by Pub. L. 104–193, title II, § 211(d)(5)(D), Aug. 22, 1996, 110 Stat. 2192, provided that: ‘‘(1) IN GENERAL.—The Commissioner of Social Secu- rity shall ensure that funds made available for con- tinuing disability reviews (as defined in section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)]) are used, to the greatest extent prac- ticable, to maximize the combined savings in the old- age, survivors, and disability insurance, supplemental security income, Medicare, and medicaid programs, ex- cept that the amounts appropriated pursuant to the au- thorization and discretionary spending allowance pro- visions in section 211(d)(2)(5) of the Personal Responsi- bility and Work Opportunity Reconciliation Act of 1996 [probably means section 211(d)(5) of Pub. L. 104–193, which amended sections 665e and 901 of Title 2, The Congress, enacted provisions set out as a note under section 1382c of this title, and amended this note] shall be used only for continuing disability reviews and rede- terminations under title XVI of the Social Security Act [42 U.S.C. 1381 et seq.]. ‘‘(2) REPORT.—The Commissioner of Social Security shall provide annually (at the conclusion of each of the fiscal years 1996 through 2002) to the Congress a report on continuing disability reviews which includes— ‘‘(A) the amount spent on continuing disability re- views in the fiscal year covered by the report, and the number of reviews conducted, by category of review; ‘‘(B) the results of the continuing disability reviews in terms of cessations of benefits or determinations of continuing eligibility, by program; and ‘‘(C) the estimated savings over the short-, me- dium-, and long-term to the old-age, survivors, and disability insurance, supplemental security income, Medicare, and medicaid programs from continuing disability reviews which result in cessations of bene- fits and the estimated present value of such savings.’’ REPEAL OF CHANGES IN MEDICARE PART B MONTHLY PREMIUM AND FINANCING Pub. L. 101–234, title II, § 202(a), Dec. 13, 1989, 103 Stat. 1981, provided that: ‘‘Sections 211 through 213 (other than sections 211(b) and 211(c)(3)(B)) of MCCA [Pub. L. 100–360, which enacted sections 1395t–1 and 1395t–2 of this title, amended this section and sections 1395i, 1395l, 1395r, 1395s, 1395t, 1395w, and 1395mm of this title, and enacted provisions set out as a note under section 1395r of this title] are repealed and the provisions of law amended or repealed by such sections are restored or revised as if such sections had not been enacted.’’ TRANSFER OF EQUIVALENT OF 1983 TAX INCREASES TO PAYOR FUNDS; REPORTS Pub. L. 98–21, title I, § 121(e), Apr. 20, 1983, 97 Stat. 83, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095; Pub. L. 103–66, title XIII, § 13215(c), Aug. 10, 1993, 107 Stat. 476; Pub. L. 104–188, title I, § 1703(n)(12), Aug. 20, 1996, 110 Stat. 1877, provided that: ‘‘(1) IN GENERAL.—(A) There are hereby appropriated to each payor fund amounts equivalent to (i) the aggre- gate increase in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 [26 U.S.C. 1 et seq.] which is attributable to the application of sections 86 and 871(a)(3) of such Code (as added by this section) [26 U.S.C. 86, 871(a)(3)] to payments from such payor fund, less (ii) the amounts equivalent to the aggregate in- crease in tax liabilities under chapter 1 of the Internal Revenue Code of 1986 which is attributable to the amendments to section 86 of such Code made by section 13215 of the Revenue Reconciliation Act of 1993 [Pub. L. 103–66]. ‘‘(B) There are hereby appropriated to the hospital in- surance trust fund amounts equal to the increase in tax liabilities described in subparagraph (A)(ii). Such ap- propriated amounts shall be transferred from the gen- eral fund of the Treasury on the basis of estimates of such tax liabilities made by the Secretary of the Treas- ury. Transfers shall be made pursuant to a schedule made by the Secretary of the Treasury that takes into account estimated timing of collection of such liabil- ities. ‘‘(2) TRANSFERS.—The amounts appropriated by para- graph (1)(A) to any payor fund shall be transferred from time to time (but not less frequently than quarterly) from the general fund of the Treasury on the basis of estimates made by the Secretary of the Treasury of the amounts referred to in such paragraph. Any such quar- terly payment shall be made on the first day of such quarter and shall take into account social security ben- efits estimated to be received during such quarter. Proper adjustments shall be made in the amounts sub- sequently transferred to the extent prior estimates were in excess of or less than the amounts required to be transferred. ‘‘(3) DEFINITIONS.—For purposes of this subsection— ‘‘(A) PAYOR FUND.—The term ‘payor fund’ means any trust fund or account from which payments of so- cial security benefits are made. ‘‘(B) HOSPITAL INSURANCE TRUST FUND.—The term ‘hospital insurance trust fund’ means the fund estab- lished pursuant to section 1817 of the Social Security Act [42 U.S.C. 1395i]. ‘‘(C) SOCIAL SECURITY BENEFITS.—The term ‘social security benefits’ has the meaning given such term by section 86(d)(1) of the Internal Revenue Code of 1986 [26 U.S.C. 86(d)(1)]. ‘‘(4) REPORTS.—The Secretary of the Treasury shall submit annual reports to the Congress and to the Sec- retary of Health and Human Services and the Railroad Retirement Board on— ‘‘(A) the transfers made under this subsection dur- ing the year, and the methodology used in deter- mining the amount of such transfers and the funds or account to which made, and ‘‘(B) the anticipated operation of this subsection during the next 5 years.’’ [For termination, effective May 15, 2000, of provisions relating to submission of annual reports to Congress in section 121(e)(4) of Pub. L. 98–21, set out above, see sec- tion 3003 of Pub. L. 104–66, as amended, set out as a note under section 1113 of Title 31, Money and Finance, and item 17 on page 143 of House Document No. 103–7.] REIMBURSEMENT TO TRUST FUNDS FOR UNNEGOTIATED BENEFIT CHECKS Pub. L. 98–21, title I, § 152(c), Apr. 20, 1983, 97 Stat. 105, provided that: ‘‘(1) The Secretary of the Treasury shall transfer from the general fund of the Treasury to the Federal Old-Age and Survivors Insurance Trust Fund and to the Federal Disability Insurance Trust Fund, in the month following the month in which this Act is enacted [April 1983] and in each of the succeeding 30 months, such sums as may be necessary to reimburse such Trust Funds in the total amount of all checks (including in- terest thereof) which he and the Secretary of Health and Human Services jointly determine to be unnegoti- ated benefit checks, to the extent provided in advance in appropriation Acts. After any amounts authorized by this subsection have been transferred to a Trust Page 1816 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 401 Fund with respect to any benefit check, the provisions of paragraphs (3) and (4) of section 201(m) of the Social Security Act [42 U.S.C. 401(m)(3), (4)] (as added by sub- section (a) of this section) shall be applicable to such check. ‘‘(2) As used in paragraph (1), the term ‘unnegotiated benefit checks’ means checks for benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] which are issued prior to the twenty-fourth month following the month in which this Act is enacted [April 1983], which remain unnegotiated after the sixth month fol- lowing the date on which they were issued, and with re- spect to which no transfers have previously been made in accordance with the first sentence of such para- graph.’’ STUDY OF FLOAT PERIOD OF MONTHLY INSURANCE BENEFIT CHECKS Pub. L. 98–21, title I, § 153, Apr. 20, 1983, 97 Stat. 106, directed Secretary of Health and Human Services and Secretary of the Treasury jointly to undertake a thor- ough study with respect to period of time (referred to as ‘‘float period’’) between issuance of checks from gen- eral fund of Treasury in payment of monthly insurance benefits under title II of the Social Security Act [this subchapter] and transfer to general fund from Federal Old-Age and Survivors Insurance Trust Fund or Federal Disability Insurance Trust Fund, as applicable, of amounts necessary to compensate general fund for issuance of such checks, with Secretaries to submit a report to President an Congress not later than twelve months after Apr. 20, 1983, on their findings as to neces- sity of making adjustments in procedures governing payment of monthly insurance benefits. DUE DATE FOR 1983 REPORT ON OPERATION AND STATUS OF TRUST FUND Pub. L. 98–21, title I, § 154(d), Apr. 20, 1983, 97 Stat. 107, provided that notwithstanding sections 401(c)(2), 1395i(b)(2), and 1395t(b)(2) of this title, the annual re- ports of the Boards of Trustees of the Trust Funds which are required in calendar year 1983 under those sections may be filed at any time not later than forty- five days after Apr. 20, 1983. STUDY RELATING TO ESTABLISHMENT OF TIME LIMITA- TIONS FOR DECISIONS ON CLAIMS FOR BENEFITS; RE- PORT Pub. L. 96–265, title III, § 308, June 9, 1980, 94 Stat. 458, directed Secretary of Health and Human Services to submit to Congress, no later than July 1, 1980, a report recommending establishment of appropriate time limi- tations governing decisions on claims for benefits under this subchapter, taking into account both need for expeditious processing of claims for benefits and need to assure that all such claims will be thoroughly considered and accurately determined. EFFECTS OF CERTAIN AMENDMENTS BY PUB. L. 96–265; REPORT Pub. L. 96–265, title III, § 312, June 9, 1980, 94 Stat. 460, directed Secretary of Health and Human Services to submit to Congress, not later than Jan. 1, 1985, a full and complete report as to effects produced by reason of preceding provisions of this Act and amendments made thereby (see Tables for classification). APPOINTMENT AND COMPENSATION OF INDIVIDUALS NECESSARY TO ASSIST THE BOARD OF TRUSTEES Pub. L. 94–202, § 8(e), Jan. 2, 1976, 89 Stat. 1139, pro- vided that: ‘‘Any persons the Board of Trustees finds necessary to employ to assist it in performing its func- tions under section 201(g)(4) of the Social Security Act [42 U.S.C. 401(g)(4)] may be appointed without regard to the civil service or classification laws, shall be com- pensated, while so employed at rates fixed by the Board of Trustees, but not exceeding $100 per day, and, while away from their homes or regular places of business, they may be allowed traveling expenses, including per diem in lieu of subsistence, as authorized by law for persons in the Government service employed intermit- tently.’’ METHOD OF DETERMINING COSTS PRESCRIBED BY THE BOARD OF TRUSTEES CERTIFICATION AND TRANSFER OF FUNDS Pub. L. 94–202, § 8(f), Jan. 2, 1976, 89 Stat. 1139, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘The Secretary shall not make any estimates pursuant to section 201(g)(1)(A)(ii) of the So- cial Security Act [42 U.S.C. 401(g)(1)(A)(ii)] before the Board of Trustees prescribes the method of determining costs as provided in section 201(g)(4) of such Act [42 U.S.C. 401(g)(4)]. The determinations pursuant to sec- tion 201(g)(1)(B) of the Social Security Act [42 U.S.C. 401(g)(1)(B)] with respect to the carrying out of the functions of the Department of Health, Education, and Welfare [now Health and Human Services] specified in section 232 of such Act [42 U.S.C. 432], which relate to the administration of provisions of the Internal Rev- enue Code of 1986 [formerly I.R.C. 1954] (other than those referred to in clause (i) of the first sentence of section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)]), during fiscal years ending before the Board of Trustees prescribes the method of making such determinations, shall be made after the Board of Trustees has prescribed such method. The Secretary of Health, Education, and Welfare [now Health and Human Services] shall certify to the Managing Trustee the amounts that should be transferred from the gen- eral fund in the Treasury to the Trust Funds (as re- ferred to in section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)]) to insure that the general fund in the Treasury bears its proper share of the costs of carrying out such functions in such fiscal years. The Managing Trustee is authorized and directed to trans- fer any such amounts in accordance with any certifi- cation so made.’’ ADVANCES FROM TRUST FUNDS FOR ADMINISTRATIVE EXPENSES Pub. L. 92–603, title III, § 305(b), Oct. 30, 1972, 86 Stat. 1485, provided that: ‘‘(1) Sums appropriated pursuant to section 1601 of the Social Security Act [42 U.S.C. 1381] shall be utilized from time to time, in amounts certified under the sec- ond sentence of section 201(g)(1)(A) of such Act [42 U.S.C. 401(g)(1)(A)], to repay the Trust Funds for ex- penditures made from such Funds in any fiscal year under section 201(g)(1)(A) of such Act (as amended by subsection (a) of this section) on account of the costs of administration of title XVI of such Act [42 U.S.C. 1381 et seq.] (as added by section 301 of this Act). ‘‘(2) If the Trust Funds have not theretofore been re- paid for expenditures made in any fiscal year (as de- scribed in paragraph (1)) to the extent necessary on ac- count of— ‘‘(A) expenditures made from such Funds prior to the end of such fiscal year to the extent that the amount of such expenditures exceeded the amount of the expenditures which would have been made from such Funds if subsection (a) had not been enacted, ‘‘(B) the additional administrative expenses, if any, resulting from the excess expenditures described in subparagraph (A), and ‘‘(C) any loss in interest to such Funds resulting from such excess expenditures and such administra- tive expenses, in order to place each such Fund in the same position (at the end of such fiscal year) as it would have been in if such excess expenditures had not been made, the amendments made by subsection (a) shall cease to be effective at the close of the fiscal year following such fiscal year. Page 1817 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 402 ‘‘(3) As used in this subsection, the term ‘Trust Funds’ has the meaning given it in section 201(g)(1)(A) of the Social Security Act [42 U.S.C. 401(g)(1)(A)].’’ ADVANCES FROM TRUST FUNDS FOR ADMINISTRATIVE PURPOSES; FISCAL YEAR TRANSITION PERIOD OF JULY 1, 1976, THROUGH SEPTEMBER 30, 1976, DEEMED FIS- CAL YEAR Fiscal year transition period of July 1, 1976, through Sept. 30, 1976, deemed fiscal year for purposes of section 305(b) of Pub. L. 92–603, set out as a note above, relating to advances from trust funds for administrative pur- poses, see section 201(11) of Pub. L. 94–274, title II, Apr. 21, 1976, 90 Stat. 390, set out as a note under section 343 of Title 7, Agriculture. GIFTS AND BEQUESTS FOR THE USE OF THE UNITED STATES AND FOR EXCLUSIVELY PUBLIC PURPOSES Pub. L. 92–603, title I, § 132(g), Oct. 30, 1972, 86 Stat. 1361, provided that: ‘‘For the purpose of Federal in- come, estate, and gift taxes, any gift or bequest to the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Fed- eral Hospital Insurance Trust Fund, or the Federal Supplementary Medical Insurance Trust Fund, or to the Department of Health, Education, and Welfare [now Health and Human Services], or any part or officer thereof, for the benefit of any of such Funds or any ac- tivity financed through any of such Funds, which is ac- cepted by the Managing Trustee of such Trust Funds under the authority of section 201(i) of the Social Secu- rity Act [42 U.S.C. 401(i)], shall be considered as a gift or bequest to or for the use of the United States and as made for exclusively public purposes.’’ TAXES ON SERVICES RENDERED BY EMPLOYEES OF INTERNATIONAL ORGANIZATIONS PRIOR TO JAN. 1, 1946 Act Dec. 29, 1945, ch. 652, title I, § 5(b), 59 Stat. 671, prohibited collection of tax under title VIII or IX of the Social Security Act or under the Federal Insurance Contributions Act or the Federal Unemployment Tax Act with respect to services rendered prior to January 1, 1946, which were described in paragraph (16) of sec- tions 1426(b) and 1607(c) of the Internal Revenue Code of 1939, and authorized refund of taxes collected. Executive Documents EXECUTIVE ORDER NO. 12335 Ex. Ord. No. 12335, Dec. 16, 1981, 46 F.R. 61633, as amended by Ex. Ord. No. 12397, Dec. 23, 1982, 47 F.R. 57651; Ex. Ord. No. 12402, Jan. 15, 1983, 48 F.R. 2311, which established the National Commission on Social Security Reform and provided for its membership, functions, etc., was revoked by Ex. Ord. No. 12534, Sept. 30, 1985, 50 F.R. 40319, formerly set out as a note under section 1013 of Title 5, Government Organization and Employees. § 401a. Omitted Editorial Notes CODIFICATION 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 re- lation 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 informa- tion 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 subse- quent Advisory Councils, and the obsolescence of sub- sec. (f), which provided for additional information in reports to Congress, upon the repeal of subsec. (e). § 402. Old-age and survivors insurance benefit payments (a) Old-age insurance benefits Every individual who— (1) is a fully insured individual (as defined in section 414(a) of this title), (2) has attained age 62, and (3) has filed application for old-age insurance benefits or was entitled to disability insurance benefits for the month preceding the month in which he attained retirement age (as defined in section 416(l) of this title), shall be entitled to an old-age insurance benefit for each month, beginning with— (A) in the case of an individual who has at- tained retirement age (as defined in section 416(l) of this title), the first month in which such individual meets the criteria specified in paragraphs (1), (2), and (3), or (B) in the case of an individual who has at- tained age 62, but has not attained retirement age (as defined in section 416(l) of this title), the first month throughout which such indi- vidual meets the criteria specified in para- graphs (1) and (2) (if in that month he meets the criterion specified in paragraph (3)), and ending with the month preceding the month in which he dies. Except as provided in sub- section (q) and subsection (w), such individual’s old-age insurance benefit for any month shall be equal to his primary insurance amount (as de- fined in section 415(a) of this title) for such month. (b) Wife’s insurance benefits (1) The wife (as defined in section 416(b) of this title) and every divorced wife (as defined in sec- tion 416(d) of this title) of an individual entitled to old-age or disability insurance benefits, if such wife or such divorced wife— (A) has filed application for wife’s insurance benefits, (B)(i) has attained age 62, or (ii) in the case of a wife, has in her care (in- dividually or jointly with such individual) at the time of filing such application a child enti- tled to a child’s insurance benefit on the basis of the wages and self-employment income of such individual, (C) in the case of a divorced wife, is not mar- ried, and (D) is not entitled to old-age or disability in- surance benefits, or is entitled to old-age or disability insurance benefits based on a pri- mary insurance amount which is less than one-half of the primary insurance amount of such individual, shall (subject to subsection (s)) be entitled to a wife’s insurance benefit for each month, begin- ning with—