42 U.S.C. § 1302 — Rules and regulations; impact analyses of

Page 2545 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1302 Act Aug. 1, 1956, ch. 836, title I, § 119, 70 Stat. 836, as amended Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, provided that: ‘‘As used in this Act and in the provisions of the Social Security Act set forth in this Act [see Short Title of 1956 Amendment note set out under section 1305 of this title], the term ‘Secretary’ means the Secretary of Health and Human Services.’’ Act Sept. 1, 1954, ch. 1206, title I, § 114, 68 Stat. 1087, as amended Oct. 17, 1979, Pub. L. 96–88, title V, § 509(b), 93 Stat. 695, provided that: ‘‘As used in the provisions of the Social Security Act amended by this title [42 U.S.C. 402, 403, 415, 421], the term ‘Secretary’ means the Secretary of Health and Human Services.’’ Executive Documents TRANSFER OF FUNCTIONS Functions of Federal Security Administrator trans- ferred to Secretary of Health, Education, and Welfare and all agencies of Federal Security Agency transferred to Department of Health, Education, and Welfare by section 5 of Reorg. Plan No. 1 of 1953, set out as a note under section 3501 of this title. Federal Security Agen- cy and Office of Administrator abolished by section 8 of Reorg. Plan No. 1 of 1953. TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 1301–1. Omitted Editorial Notes CODIFICATION Section, act Aug. 10, 1946, ch. 951, title II, § 202, 60 Stat. 981, defined the term ‘‘Administrator’’ as used in certain sections of this chapter. See section 1301 of this title. § 1301a. Omitted Editorial Notes CODIFICATION Section, act June 26, 1940, ch. 428, title II, 54 Stat. 588, provided for reimbursement for official travel per- formed by employees of the Bureau of Old-Age Insur- ance, was from the Federal Security Agency Appropria- tion Act, 1941, and was not repeated in subsequent ap- propriations acts. § 1302. Rules and regulations; impact analyses of Medicare and Medicaid rules and regulations on small rural hospitals (a) The Secretary of the Treasury, the Sec- retary of Labor, and the Secretary of Health and Human Services, respectively, shall make and publish such rules and regulations, not incon- sistent with this chapter, as may be necessary to the efficient administration of the functions with which each is charged under this chapter. (b)(1) Whenever the Secretary publishes a gen- eral notice of proposed rulemaking for any rule or regulation proposed under subchapter XVIII, subchapter XIX, or part B of this subchapter that may have a significant impact on the oper- ations of a substantial number of small rural hospitals, the Secretary shall prepare and make available for public comment an initial regu- latory impact analysis. Such analysis shall de- scribe the impact of the proposed rule or regula- tion on such hospitals and shall set forth, with respect to small rural hospitals, the matters re- quired under section 603 of title 5 to be set forth with respect to small entities. The initial regu- latory impact analysis (or a summary) shall be published in the Federal Register at the time of the publication of general notice of proposed rulemaking for the rule or regulation. (2) Whenever the Secretary promulgates a final version of a rule or regulation with respect to which an initial regulatory impact analysis is required by paragraph (1), the Secretary shall prepare a final regulatory impact analysis with respect to the final version of such rule or regu- lation. Such analysis shall set forth, with re- spect to small rural hospitals, the matters re- quired under section 604 of title 5 to be set forth with respect to small entities. The Secretary shall make copies of the final regulatory impact analysis available to the public and shall pub- lish, in the Federal Register at the time of pub- lication of the final version of the rule or regu- lation, a statement describing how a member of the public may obtain a copy of such analysis. (3) If a regulatory flexibility analysis is re- quired by chapter 6 of title 5 for a rule or regula- tion to which this subsection applies, such anal- ysis shall specifically address the impact of the rule or regulation on small rural hospitals. (Aug. 14, 1935, ch. 531, title XI, § 1102, 49 Stat. 647; Aug. 28, 1950, ch. 809, title IV, § 403(c), 64 Stat. 559; Pub. L. 98–369, div. B, title VI, § 2663(j)(2)(D)(i), (l)(2), July 18, 1984, 98 Stat. 1170, 1171; Pub. L. 100–203, title IV, § 4402(a), Dec. 22, 1987, 101 Stat. 1330–226.) Editorial Notes AMENDMENTS 1987—Pub. L. 100–203 designated existing provision as subsec. (a) and added subsec. (b). 1984—Pub. L. 98–369, § 2663(l)(2), substituted ‘‘Sec- retary of Health, Education, and Welfare’’ for ‘‘Federal Security Administrator’’ immediately prior to the sub- stitution of ‘‘Health and Human Services’’ for ‘‘Health, Education, and Welfare’’ by Pub. L. 98–369, § 2663(j)(2)(D)(i). 1950—Act Aug. 28, 1950, substituted ‘‘Federal Security Administrator’’ for ‘‘Social Security Board’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1987 AMENDMENT Pub. L. 100–203, title IV, § 4402(b), Dec. 22, 1987, 101 Stat. 1330–226, provided that: ‘‘The amendments made by paragraph (1) [probably means subsec. (a), amending this section] shall apply to regulations proposed more than 30 days after the date of the enactment of this Act [Dec. 22, 1987].’’ EFFECTIVE DATE OF 1984 AMENDMENT Amendment by Pub. L. 98–369 effective July 18, 1984, but not to be construed as changing or affecting any right, liability, status, or interpretation which existed (under the provisions of law involved) before that date, see section 2664(b) of Pub. L. 98–369, set out as a note under section 401 of this title. REPEALS The provisions of this section were incorporated into sections 1429 and 1609 of former Title 26, Internal Rev- enue Code of 1939, by act Feb. 10, 1939, ch. 2, 53 Stat. 1. Section 4 of the act of Feb. 10, 1939, which enacted Title 26, I.R.C. 1939, provided that all laws and parts of laws codified into the I.R.C. 1939, to the extent that they re- Page 2546 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1303 lated exclusively to internal revenue, were repealed. Provisions of I.R.C. 1939 were generally repealed by sec- tion 7851 of Title 26, Internal Revenue Code of 1954. See also, section 7807 of said Title 26, I.R.C. 1954, respecting rules in effect upon enactment of I.R.C. 1954. The I.R.C. 1954 was redesignated I.R.C. 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. The repealed sections are covered by section 7805(a), (c) of Title 26. ABORTION SERVICES; PROHIBITION ON CERTAIN POLICY CHANGES Pub. L. 100–517, § 9, Oct. 24, 1988, 102 Stat. 2583, pro- vided that: ‘‘With respect to abortion services, the Sec- retary of Health and Human Services shall not promul- gate or issue any regulations, policy statements, or in- terpretations or develop any practices concerning the performance of medically necessary procedures if such regulations, policy statements, interpretations, or practices would be inconsistent with regulations, pol- icy statements, interpretations, or practices in effect on the date of the enactment of this Act [Oct. 24, 1988].’’ NOTICE ON SOCIAL SECURITY CHECKS Pub. L. 98–473, title II, § 1212, Oct. 12, 1984, 98 Stat. 2165, provided that: ‘‘(a) The Secretary of the Treasury shall take such steps as may be necessary to provide that all checks issued for payment of benefits under title II of the So- cial Security Act [42 U.S.C. 401 et seq.], and the enve- lopes in which such checks are mailed, contain a print- ed notice that the commission of forgery in conjunc- tion with the cashing or attempted cashing of such checks constitutes a violation of Federal law. Such no- tice shall also state the maximum penalties for forgery under the applicable provisions of title 18 of the United States Code. ‘‘(b) Subsection (a) shall apply with respect to checks issued for months after the ninth month after the date of the enactment of this Act [Oct. 12, 1984].’’ § 1303. Separability If any provision of this chapter, or the applica- tion thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other per- sons or circumstances shall not be affected thereby. (Aug. 14, 1935, ch. 531, title XI, § 1103, 49 Stat. 648.) Statutory Notes and Related Subsidiaries SEPARABILITY Pub. L. 98–460, § 18, Oct. 9, 1984, 98 Stat. 1813, provided that: ‘‘If any provision of this Act [amending sections 405, 408, 416, 421 to 423, 1382c, 1382d, 1382h, and 1383 to 1383b of this title, enacting provisions set out as notes under sections 405, 421 to 423, 907, and 1305 of this title, and amending provisions set out as a note under sec- tion 1382h of this title], or the application thereof to any person or circumstance, is held invalid, the re- mainder of this Act and the application of such provi- sion to other persons or circumstances shall not be af- fected thereby.’’ § 1304. Reservation of right to amend or repeal The right to alter, amend, or repeal any provi- sion of this chapter is hereby reserved to the Congress. (Aug. 14, 1935, ch. 531, title XI, § 1104, 49 Stat. 648.) § 1305. Short title of chapter This chapter may be cited as the ‘‘Social Secu- rity Act’’. (Aug. 14, 1935, ch. 531, title XI, § 1105, 49 Stat. 648.) Statutory Notes and Related Subsidiaries SHORT TITLE OF 2025 AMENDMENT Pub. L. 118–273, § 1, Jan. 5, 2025, 138 Stat. 3232, provided that: ‘‘This Act [amending sections 402 and 415 of this title and enacting provisions set out as a note under section 402 of this title] may be cited as the ‘Social Se- curity Fairness Act of 2023’.’’ Pub. L. 118–258, § 1, Jan. 4, 2025, 138 Stat. 2947, provided that: ‘‘This Act [see Tables for classifications] may be cited as the ‘Supporting America’s Children and Fami- lies Act’.’’ Pub. L. 118–258, title I, § 101(a), Jan. 4, 2025, 138 Stat. 2947, provided that: ‘‘This title [enacting sections 628d, 629k, and 629(l) of this title, amending sections 622 to 625, 627, 628, 629a to 629i, 629m, and 674 of this title, and enacting provisions set out as notes under sections 622 and 629k of this title] may be cited as the ‘Protecting America’s Children by Strengthening Families Act’.’’ Pub. L. 118–258, title II, § 201, Jan. 4, 2025, 138 Stat. 2970, provided that: ‘‘This title [amending sections 653, 654, and 664 of this title and sections 6103 and 6402 of Title 26, Internal Revenue Code] may be cited as the ‘Strengthening State and Tribal Child Support En- forcement Act’.’’ SHORT TITLE OF 2024 AMENDMENT Pub. L. 118–120, § 1, Nov. 25, 2024, 138 Stat. 1626, pro- vided that: ‘‘This Act [amending section 506 of this title and enacting provisions set out as a note under section 506 of this title] may be cited as the ‘Building on Reem- ployment Improvements to Deliver Good Employment for Workers Act’ or the ‘BRIDGE for Workers Act’.’’ Pub. L. 118–69, § 1, July 12, 2024, 138 Stat. 1485, pro- vided that: ‘‘This Act [amending section 701 of this title] may be cited as the ‘Maternal and Child Health Stillbirth Prevention Act of 2024’.’’ SHORT TITLE OF 2023 AMENDMENT Pub. L. 117–341, § 1, Jan. 5, 2023, 136 Stat. 6179, provided that: ‘‘This Act [amending section 1395ww of this title] may be cited as the ‘Dr. Joanne Smith Memorial Reha- bilitation Innovation Centers Act of 2022’.’’ SHORT TITLE OF 2022 AMENDMENT Pub. L. 117–328, div. FF, title VI, § 6101(a), Dec. 29, 2022, 136 Stat. 5953, provided that: ‘‘This section [amending sections 711 and 711a of this title and enact- ing provisions set out as notes under section 711 of this title] may be cited as the ‘Jackie Walorski Maternal and Child Home Visiting Reauthorization Act of 2022’.’’ Pub. L. 117–328, div. LL, § 101, Dec. 29, 2022, 136 Stat. 6097, provided that: ‘‘This division [enacting section 806 of this title, and amending sections 801 to 803 and 805 of this title and sections 9042 and 9072 of Title 15, Com- merce and Trade] may be cited as the ‘State, Local, Tribal, and Territorial Fiscal Recovery, Infrastructure, and Disaster Relief Flexibility Act’.’’ SHORT TITLE OF 2021 AMENDMENT Pub. L. 117–39, § 1, Aug. 31, 2021, 135 Stat. 336, provided that: ‘‘This Act [amending section 1313 of this title] may be cited as the ‘Emergency Repatriation Assist- ance for Returning Americans Act’.’’ SHORT TITLE OF 2020 AMENDMENT Pub. L. 116–260, div. X, § 1, Dec. 27, 2020, 134 Stat. 2409, provided that: ‘‘This division [amending section 629h of this title, enacting provisions set out as notes under sections 629d, 629h, 671, 674, 677, and 711 of this title, and amending provisions set out as a note under section 1396d of this title] may be cited as the ‘Supporting Fos- ter Youth and Families through the Pandemic Act’.’’ Pub. L. 116–250, § 1, Dec. 22, 2020, 134 Stat. 1128, pro- vided that: ‘‘This Act [amending section 423 of this title