quarter, and if such amount is less than the State's proportionate share of the total sum of such estimated expenditures, the source or sources from which the difference is expected to be derived, records showing the number of blind individuals in the State, and (C) such other investigation as the Secretary may find (B) necessary. (2) The Secretary of Health, Education, and Welfare shall then certify to the Secretary of the Treasury the amount so estimated by the Secretary of Health, Education, and Welfare, (A) reduced or increased, as the case may be, by any sum by which the Secretary of Health, Education, and Welfare finds that his estimate for any prior quarter was greater or less than the amount which should have been paid to the State under subsection (a) for such quarter, and (B) reduced by a sum equivalent to the pro rata share to which the United States is equitably entitled, as determined by the Secretary of Health, Education, and Welfare, of the net amount recovered during a prior quarter by the State or any political subdivision thereof with respect to aid to the blind furnished under the State plan; except that such increases or reductions shall not be made to the extent that such sums have been applied to make the amount certified for any prior quarter greater or less than the amount estimated by the Secretary of Health, Education, and Welfare for such prior quarter: Provided, That any part of the amount recovered from the estate of a deceased recipient which is not in excess of the amount expended by the State or any political subdivision thereof for the funeral expenses of the deceased shall not be considered as a basis for reduction under clause (B) of this paragraph. 8 (3) The Secretary of the Treasury shall thereupon, through the Fiscal Service of the Treasury Department, and prior to audit or settlement by the General Accounting Office, pay to the State, at the time or times fixed by the Secretary of Health, Education, and Welfare, the amount so certified. Operation of State Plans Sec. 1004. In the case of any State plan for aid to the blind which has been approved by the Secretary of Health, Education, and Welfare, if the Secretary, after reasonable notice and opportunity for hearing to the State agency administering or supervising the adminis tration of such plan, finds (1) that the plan has been so changed as to impose any residence or citizenship requirement prohibited by section 1002 (b), or that in the administration of the plan any such prohibited requirement is imposed, with the knowledge of such State agency, in a substantial number of cases; or (2) that in the administration of the plan there is a failure to comply substantially with any provision required by section 1002 (a) to be included in the plan; the Secretary shall notify such State agency that further payments will not be made to the State until the Secretary is satisfied that such 8 See footnote 11 in Title I of this Act. prohibited requirement is no longer so imposed, and that there is no longer any such failure to comply. Until he is so satisfied he shall make no further certification to the Secretary of the Treasury with respect to such State. Sec. 1005. [Executed. Administration Authorized appropriation for administrative expenses of the Social Security Board for the fiscal year ending June 30, 1936.] Definition Sec. 1006. For the purpose of this title, the term "aid to the blind" means money payments to, or medical care in behalf of or any type of remedial care recognized under State law in behalf of, blind individuals who are needy, but does not include any such payments to or care in behalf of any individual who is an inmate of a public institution (except as a patient in a medical institution) or any individual (a) who is a patient in an institution for tuberculosis or mental diseases, or (b) who has been diagnosed as having tuberculosis or psychosis and is a patient in a medical institution as a result thereof. Sec. 1106. Disclosure of Information in Possession of Department_ Sec. 1107. Penalty for Fraud____. Sec. 1108. Limitation on Payments to Puerto Rico and the Virgin Islands. Sec. 1110. Cooperative Research or Demonstration Projects - Sec. 1111. Public Assistance Payments to Legal Representatives.. Definitions Section 1101. (a) When used in this Act Page* 162 163 163 163 163 163 165 166 166 167 167 167 (1) The term "State", except where otherwise provided, includes the District of Columbia and the Commonwealth of Puerto Rico, and when used in titles I, IV, V, VII, X, and XIV includes the Virgin Islands and Guam.1 (2) The term "United States" when used in a geographical sense means, except where otherwise provided, the States, the District of Columbia, and the Commonwealth of Puerto Rico.2 (3) The term "person" means an individual, a trust or estate, a partnership, or a corporation. (4) The term "corporation" includes associations, joint-stock companies, and insurance companies. (5) The term "shareholder" includes a member in an association, joint-stock company, or insurance company. (6) The term "Secretary", except when the context otherwise requires, means the Secretary of Health, Education, and Welfare. *This table does not appear in the law. 1 P. L. 86-778, sec. 541, amended paragraph (1) of section 1101 (a) to read as indicated effective on and after January 1, 1961. Prior to this amendment, paragraph (1) read as follows: "(1) The term 'State' includes the District of Columbia, and when used in titles I, IV, V, VII, X, and XIV includes Puerto Rico, the Virgin Islands, and Guam." P. L. 86-624, sec. 30 (d) (1), had amended paragraph (1) by striking out "Hawaii and" which had appeared prior to the words "the District of Columbia," effective on August 21, 1959. Prior to the above changes, P. L. 86-70, sec. 32 (d) (1), had amended paragraph (1) by striking out "Alaska," which had appeared after the word "includes," effective on January 3, 1959. 2 P. L. 86-778, sec. 541, amended paragraph (2) of section 1101 (a) to read as indicated, effective on and after January 1, 1961. Prior to this amendment, paragraph (2) read as follows: "(2) The term 'United States' when used in a geographical sense means the States and the District of Columbia." P. L. 86-624, sec. 30 (d) (2), had amended paragraph (2) by striking out "Hawaii," which had appeared prior to the words "and the District of Columbia," effective on August 21, 1959. Prior to the above changes, P. L. 86-70, sec. 32 (d) (2), had amended paragraph (2) by striking out "Alaska' which had appeared after the word "States," effective on January 3, 1959. (7) The terms "physician" and "medical care" and "hospitalization" include osteopathic practitioners or the services of osteopathic practitioners and hospitals within the scope of their practice as defined by State law. (8) (A) The "Federal percentage" for any State (other than Puerto Rico, the Virgin Islands, and Guam) shall be 100 per centum less the State percentage; and the State percentage shall be that percentage which bears the same ratio to 50 per centum as the square of the per capita income of such State bears to the square of the per capita income of the United States; except that the Federal percentage shall in no case be less than 50 per centum or more than 65 per centum.4, 5 6 (B) The Federal percentage for each State (other than Puerto Rico, the Virgin Islands, and Guam) shall be promulgated by the Secretary between July 1 and August 31 of each even-numbered year, on the basis of the average per capita income of each State and of the United States for the three most recent calendar years for which satisfactory data are available from the Department of Commerce. Such promulgation shall be conclusive. for each of the eight quarters in the period beginning July 1 next succeeding such promulgation: Provided, That the Secretary shall promulgate such percentage as soon as possible after the enactment of the Social Security Amendments of 1958, which promulgation shall be conclusive for each of the eleven quarters in the period beginning October 1, 1958, and ending with the close of June 30, 1961.7 (C) The term "United States" means (but only for purposes of subparagraphs (A) and (B) of this paragraph) the fifty States and the District of Columbia.s (D) Promulgations made before satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska shall prescribe a Federal percentage 3 P. L. 86-624, sec. 30 (a) (1), amended paragraph (8) of sec. 1101 (a) by striking out "continental United States (including Alaska)" and inserting in lieu thereof "United States," applicable in the case of promulgations or computations of Federal shares, allotment percentages, allotment ratios, and Federal percentages made after August 21, 1959. P. L. 86-70, sec. 32 (a), had amended paragraph (8) of sec. 1101 (a) by striking out "(excluding Alaska)" in subparagraphs (A) and (B) and inserting in lieu thereof "(including Alaska)", applicable in the case of promulgations of Federal shares, allotment precentages, allotment ratios, and Federal precentages made after satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska, and for this purpose such promulgations shall, before such data for the full period required by the applicable statutory provision as so amended are available from the Department of Commerce, be based on satisfactory data available from such Department for such one full year or, when such data for a two-year period are available, for such two years. P. L. 86-624, sec. 30 (a) (2), amended subparagraph (A), paragraph (8) of sec. 1101 (a) by striking out "(i)" which had appeared after the words "except that" and by striking out," and (ii) the Federal percentage shall be 50 per centum for Hawaii" at the end of the subparagraph, effective July 1, 1960. P. L. 86-70, sec. 32 (a), had amended subparagraph (A) by striking out "Alaska and" which appeared before "Hawaii", applicable as indicted in footnote 3. 5 P. L. 86-624, sec. 47 (b), provides that the Secretary of Health, Education, and Welfare shall, as soon as possible after enactment of this Act [July 12, 1960], promulgate a Federal percentage for Hawaii determined in accordance with the provisions of subparagraph (B) of section 1101 (a) (8) of the Social Security Act, such promulgation to be effective for the period beginning July 1, 1960, and ending with the close of June 30, 1961. See footnote 3. 7P. L. 85-840, sec. 505, added paragraph (8), subparagraphs (A) and (B) effective subject to the conditions and limitations of P. L. 85-840, sec. 512, see p. 219. 8 P. L. 86-624, sec. 30 (a) (3), added new subparagraphs (C) and (D) to paragraph (8), sec. 1101 (a), applicable in the case of promulgations or computations of Federal shares, allotment percentages, allotment ratios, and Federal percentages made after August 21, 1959. for Alaska of 50 per centum and, for purposes of such promulgations, Alaska shall not be included as part of the "United States". Promulgations made thereafter but before per capita income data for Alaska for a full three-year period are available from the Department of Commerce shall be based on satisfactory data available there from for Alaska for such one full year or, when such data are available for a two-year period, for such two years.' (b) The terms "includes" and "including" when used in a definition contained in this Act shall not be deemed to exclude other things otherwise within the meaning of the term defined. (c) Whenever under this Act or any Act of Congress, or under the law of any State, an employer is required or permitted to deduct any amount from the remuneration of an employee and to pay the amount deducted to the United States, a State, or any political subdivision thereof, then for the purposes of this Act the amount so deducted shall be considered to have been paid to the employee at the time of such deduction. (d) Nothing in this Act shall be construed as authorizing any Federal official, agent, or representative, in carrying out any of the provisions of this Act, to take charge of any child over the objection of either of the parents of such child, or of the person standing in loco parentis to such child. Rules and Regulations Sec. 1102. The Secretary of the Treasury, the Secretary of Labor, and the Secretary of Health, Education, and Welfare, respectively, shall make and publish such rules and regulations, not inconsistent with this Act, as may be necessary to the eflicient administration of the functions with which each is charged under this Act. Separability Sec. 1103. If any provision of this Act, or the application thereof to any person or circumstance, is held invalid, the remainder of the Act and the application of such provision to other persons or circumstances shall not be affected thereby. Reservation of Power Sec. 1104. The right to alter, amend, or repeal any provision of this Act is hereby reserved to the Congress. Short Title Sec. 1105. This Act may be cited as the "Social Security Act." Disclosure of Information in Possession of Department Sec. 1106. (a) No disclosure of any return or portion of a return (including information returns and other written statements) filed with the Commissioner of Internal Revenue under title VIII of the Social Security Act or under subchapter E of chapter 1 or subchapter See footnote 8, p. 163. |