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42 U.S.C. § 1305 — Short title of chapter
Federal law — U.S. Code and appendices · legal_authorities
This chapter may be cited as the “Social Security Act”.
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Source location: Title 42, Chapter 7, § 1305; chapter-007-social-security.md
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This chapter may be cited as the “Social Security Act”.
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Federal law — U.S. Code and appendices · legal_authorities
**(a)** To improve the health of all mothers and children consistent with the applicable health status goals and national health objectives established by the Secretary under the Public Health Service Act [[42 U.S.C. 201](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section201&num=0&edition=prelim) et seq.] for the year 2000, there are authorized to be appropriated $850,000,000 for fiscal year 2001 and each fiscal year thereafter—
(1) for the purpose of enabling each State—
(A) to provide and to assure mothers and children (in particular those with low income or with limited availability of health services) access to quality maternal and child health services;
(B) to reduce infant mortality and the incidence of preventable diseases and handicapping conditions among children, to reduce the incidence of stillbirth, to reduce the need for inpatient and long-term care services, to increase the number of children (especially preschool children) appropriately immunized against disease and the number of low income children receiving health assessments and follow-up diagnostic and treatment services, and otherwise to promote the health of mothers and infants by providing prenatal, delivery, and postpartum care for low income, at-risk pregnant women, and to promote the health of children by providing preventive and primary care services for low income children;
(C) to provide rehabilitation services for blind and disabled individuals under the age of 16 receiving benefits under subchapter XVI, to the extent medical assistance for such services is not provided under subchapter XIX; and
(D) to provide and to promote family-centered, community-based, coordinated care (including care coordination services, as defined in subsection (b)(3)) for chi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** Subject to this section:
(1) **Use of grant in violation of this part**
(A) *General penalty* — If an audit conducted under chapter 75 of title 31 finds that an amount paid to a State under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) for a fiscal year has been used in violation of this part, the Secretary shall reduce the grant payable to the State under [section 603(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/1&num=0&edition=prelim) for the immediately succeeding fiscal year quarter by the amount so used.
(B) *Enhanced penalty for intentional violations* — If the State does not prove to the satisfaction of the Secretary that the State did not intend to use the amount in violation of this part, the Secretary shall further reduce the grant payable to the State under [section 603(a)(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/1&num=0&edition=prelim) for the immediately succeeding fiscal year quarter by an amount equal to 5 percent of the State family assistance grant.
(C) *Penalty for misuse of competitive welfare-to-work funds* — If the Secretary of Labor finds that an amount paid to an entity under [section 603(a)(5)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5/B&num=0&edition=prelim) has been used in violation of subparagraph (B) or (C) of [section 603(a)(5) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603/a/5&num=0&edition=prelim), the entity shall remit to the Secretary of Labor an amount equal to the amount so used.
(2) **Failure to submi
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Procedure for adjustment or recovery**
(1) Whenever the Commissioner of Social Security finds that more or less than the correct amount of payment has been made to any person under this subchapter, proper adjustment or recovery shall be made, under regulations prescribed by the Commissioner of Social Security, as follows:
(A) With respect to payment to a person of more than the correct amount, the Commissioner of Social Security shall decrease any payment under this subchapter to which such overpaid person is entitled, or shall require such overpaid person or his estate to refund the amount in excess of the correct amount, or shall decrease any payment under this subchapter payable to his estate or to any other person on the basis of the wages and self-employment income which were the basis of the payments to such overpaid person, or shall obtain recovery by means of reduction in tax refunds based on notice to the Secretary of the Treasury as permitted under [section 3720A of title 31](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title31-section3720A&num=0&edition=prelim), or shall apply any combination of the foregoing. A payment made under this subchapter on the basis of an erroneous report of death by the Department of Defense of an individual in the line of duty while he is a member of the uniformed services (as defined in [section 410(m) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/m&num=0&edition=prelim)) on active duty (as defined in section 410(l) of this title) shall not be considered an incorrect payment for any month prior to the month such Department notifies the Commissioner of Social Security that such individual is alive.
(B)
(i) Subject to clause (ii), with respect to pay
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 104–134, title I, § 101(c) [title II], Apr. 26, 1996, 110 Stat. 1321–156, 1321–190; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327, which provided that the Indian Health Service was to neither bill nor charge those Indians who may have economic means to pay unless and until Congress directs Service to implement policy to do so, was from the Department of the Interior and Related Agencies Appropriations Act, 1996, and was not repeated in subsequent appropriations acts. Provisions similar to those in this section were contained in the following prior appropriation acts:
Pub. L. 103–332, title II, Sept. 30, 1994, 108 Stat. 2529.
Pub. L. 103–138, title II, Nov. 11, 1993, 107 Stat. 1409.
Pub. L. 102–381, title II, Oct. 5, 1992, 106 Stat. 1409.
Pub. L. 102–154, title II, Nov. 13, 1991, 105 Stat. 1027.
Pub. L. 101–512, title II, Nov. 5, 1990, 104 Stat. 1952.
Pub. L. 101–121, title II, Oct. 23, 1989, 103 Stat. 734.
Pub. L. 100–446, title II, Sept. 27, 1988, 102 Stat. 1816.
Pub. L. 100–202, § 101(g) [title II], Dec. 22, 1987, 101 Stat. 1329–213, 1329–245.
Pub. L. 99–500, § 101(h) [title II], Oct. 18, 1986, 100 Stat. 1783–242, 1783–277, and Pub. L. 99–591, § 101(h) [title II], Oct. 30, 1986, 100 Stat. 3341–242, 3341–277.
Pub. L. 99–190, § 101(d) [title II], Dec. 19, 1985, 99 Stat. 1224, 1256.
Pub. L. 98–473, title I, § 101(c) [title II], Oct. 12, 1984, 98 Stat. 1837, 1865.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Establishment of separate organizational unit; duties** The Secretary shall establish, within the Department of Health and Human Services a separate organizational unit, under the direction of a designee of the Secretary, who shall report directly to the Secretary and who shall—
(1) establish such standards for State programs for locating noncustodial parents, establishing paternity, and obtaining child support and support for the spouse (or former spouse) with whom the noncustodial parent’s child is living as he determines to be necessary to assure that such programs will be effective;
(2) establish minimum organizational and staffing requirements for State units engaged in carrying out such programs under plans approved under this part;
(3) review and approve State plans for such programs;
(4)
(A) review data and calculations transmitted by State agencies pursuant to [section 654(15)(B) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/15/B&num=0&edition=prelim) on State program accomplishments with respect to performance indicators for purposes of subsection (g) of this section and [section 658a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section658a&num=0&edition=prelim);
(B) review annual reports submitted pursuant to [section 654(15)(A) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section654/15/A&num=0&edition=prelim) and, as appropriate, provide to the State comments, recommendations for additional or alternative corrective actions, and technical assistance; and
(C) conduct audits, in accordance with the Government auditing standards of the Comptroller General of the United States—
(i) at least once every 3 years (or
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 652
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Amounts** For each quarter beginning after September 30, 1980, each State which has a plan approved under this part shall be entitled to a payment equal to the sum of—
(1) subject to subsections (j) and (k) of [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section672&num=0&edition=prelim), an amount equal to the Federal medical assistance percentage (which shall be as defined in [section 1396d(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1396d/b&num=0&edition=prelim), in the case of a State other than the District of Columbia, or 70 percent, in the case of the District of Columbia) of the total amount expended during such quarter as foster care maintenance payments under [section 672 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section672&num=0&edition=prelim) for children in foster family homes or child-care institutions (or, with respect to such payments made during such quarter under a cooperative agreement or contract entered into by the State and an Indian tribe, tribal organization, or tribal consortium for the administration or payment of funds under this part, an amount equal to the Federal medical assistance percentage that would apply under [section 679c(d) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section679c/d&num=0&edition=prelim) (in this paragraph referred to as the “tribal FMAP”) if such Indian tribe, tribal organization, or tribal consortium made such payments under a program operated under that section, unless the tribal FMAP is less than the Federal medical assistance percentage that applies to the State); plus
(2) an amount equal to the Federal medical assistance pe
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Provisions required** The Secretary of Labor shall make no certification for payment to any State unless he finds that the law of such State, approved by the Secretary of Labor under the Federal Unemployment Tax Act [[26 U.S.C. 3301](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3301&num=0&edition=prelim) et seq.], includes provision for—
(1) Such methods of administration (including after January 1, 1940, methods relating to the establishment and maintenance of personnel standards on a merit basis, except that the Secretary of Labor shall exercise no authority with respect to the selection, tenure of office, and compensation of any individual employed in accordance with such methods) as are found by the Secretary of Labor to be reasonably calculated to insure full payment of unemployment compensation when due; and
(2) Payment of unemployment compensation solely through public employment offices or such other agencies as the Secretary of Labor may approve; and
(3) Opportunity for a fair hearing, before an impartial tribunal, for all individuals whose claims for unemployment compensation are denied; and
(4) The payment of all money received in the unemployment fund of such State (except for refunds of sums erroneously paid into such fund and except for refunds paid in accordance with the provisions of section 3305(b) of the Federal Unemployment Tax Act [[26 U.S.C. 3305(b)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title26-section3305/b&num=0&edition=prelim)]), immediately upon such receipt, to the Secretary of the Treasury to the credit of the unemployment trust fund 11 So in original. Probably should be “Unemployment Trust Fund”. established by [section 1104 of this title](https://uscode.house.gov/view.xhtml?req
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Necessity of effective approval of application** No person shall introduce or deliver for introduction into interstate commerce any new drug, unless an approval of an application filed pursuant to subsection (b) or (j) is effective with respect to such drug.
**(b) Filing application; contents**
(1)
(A) Any person may file with the Secretary an application with respect to any drug subject to the provisions of subsection (a). Such persons shall submit to the Secretary as part of the application—
(i) full reports of investigations which have been made to show whether such drug is safe for use and whether such drug is effective in use;
(ii) a full list of the articles used as components of such drug;
(iii) a full statement of the composition of such drug;
(iv) a full description of the methods used in, and the facilities and controls used for, the manufacture, processing, and packing of such drug;
(v) such samples of such drug and of the articles used as components thereof as the Secretary may require;
(vi) specimens of the labeling proposed to be used for such drug;
(vii) any assessments required under [section 355c of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title21-section355c&num=0&edition=prelim); and
(viii) the patent number and expiration date of each patent for which a claim of patent infringement could reasonably be asserted if a person not licensed by the owner of the patent engaged in the manufacture, use, or sale of the drug, and that—
(I) claims the drug for which the applicant submitted the application and is a drug substance (active ingredient) patent or a drug product (formulation or composition) patent; or
(II) claims a method of using such drug for which approv
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Federal law — U.S. Code and appendices · legal_authorities
**(a) General rules** Subject to this part, a State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) may use the grant—
(1) in any manner that is reasonably calculated to accomplish the purpose of this part, including to provide low income households with assistance in meeting home heating and cooling costs; or
(2) in any manner that the State was authorized to use amounts received under part A or F, as such parts were in effect on September 30, 1995, or (at the option of the State) August 21, 1996.
**(b) Limitation on use of grant for administrative purposes**
(1) **Limitation** — A State to which a grant is made under [section 603 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section603&num=0&edition=prelim) shall not expend more than 15 percent of the grant for administrative purposes.
(2) **Exception** — Paragraph (1) shall not apply to the use of a grant for information technology and computerization needed for tracking or monitoring required by or under this part.
**(c) Authority to treat interstate immigrants under rules of former State** A State operating a program funded under this part may apply to a family the rules (including benefit amounts) of the program funded under this part of another State if the family has moved to the State from the other State and has resided in the State for less than 12 months.
**(d) Authority to use portion of grant for other purposes**
(1) **In general** — Subject to paragraph (2), a State may use not more than 30 percent of the amount of any grant made to the State under [section 603(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-se
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Purpose of agreement**
(1) The Commissioner of Social Security shall, at the request of any Indian tribe, enter into an agreement with such Indian tribe for the purpose of extending the insurance system established by this subchapter to services performed by individuals as members of such Indian tribe’s tribal council. Any agreement with an Indian tribe under this section applies to all members of the tribal council, and shall include all services performed by individuals in their capacity as council members.
(2) Notwithstanding [section 410(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section410/a&num=0&edition=prelim), for the purposes of this subchapter, the term “employment” includes any service included under an agreement entered into under this section.
**(b) Definitions** For the purposes of this section:
(1) The term “member” means, with respect to a tribal council, an individual appointed or elected to serve as a member or the head of the tribal council.
(2) The term “tribal council” means the appointed or elected governing body of a federally recognized Indian tribe.
**(c) Effective date of agreement**
(1) Any agreement under this section shall be effective with respect to services performed after an effective date specified in such agreement, provided that such date may not be earlier than the first day of the next calendar month after the month in which the agreement is executed by both parties.
(2) At the request of the Indian tribe at the time of the agreement, such agreement may apply with respect to services performed before such effective date for which there were timely paid in good faith (and not subsequently refunded) to the Secretary of the Treasury amounts equivalent to the sum of the taxes wh
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