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A of chapter 9 of the Internal Revenue Code of 1939, or under chapter 2 or 21 or, pursuant thereto, under subtitle F of the Internal Revenue Code of 1954, or under regulations made under authority thereof, which has been transmitted to the Secretary of Health, Education, and Welfare by the Commissioner of Internal Revenue, or of any file, record, report, or other paper, or any information, obtained at any time by the Secretary or by any officer or employee of the Department of Health, Education, and Welfare in the course of discharging the duties of the Secretary under this Act, and no disclosure of any such file, record, report, or other paper, or information, obtained at any time by any person from the Secretary or from any officer or employee of the Department of Health, Education, and Welfare, shall be made except as the Secretary may by regulations prescribe. Any person who shall violate any provision of this section shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both.10

(b) Requests for information, disclosure of which is authorized by regulations prescribed pursuant to subsection (a) of this section, and requests for services, may, subject to such limitations as may be prescribed by the Secretary to avoid undue interference with his functions under this Act, be complied with if the agency, person, or organization making the request agrees to pay for the information or services requested in such amount, if any (not exceeding the cost of furnishing the information or services), as may be determined by the Secretary. Payments for information or services furnished pursuant to this section shall be made in advance or by way of reimbursement, as may be requested by the Secretary, and shall be deposited in the Treasury as a special deposit to be used to reimburse the appropriations (including authorizations to make expenditures from the Federal Old-Age and Survivors Insurance Trust Fund and the Federal Disability Insurance Trust Fund) for the unit or units of the Department of Health, Education, and Welfare which furnished the information or services.11 12

Penalty for Fraud

Sec. 1107. (a) Whoever, with the intent to defraud any person, shall make or cause to be made any false representation concerning the requirements of this Act, subchapter E of chapter 1 or subchapter A, C, or E of chapter 9 of the Internal Revenue Code of 1939, or chapter 2, 21, or 23 or section 6011 (a), 6017, or 6051 (a) of the Internal Revenue Code of 1954 or of any rules or regulations issued thereunder, knowing such representations to be false, shall be deemed

10 See footnote 12.

Sec. 701 of P. L. 85-840 amended sec. 1106 (b) in its entirety effective August 28, 1958. For sec. 1106 (b) as it read prior to this amendment, see p. 288.

12 Reorganization Plan No. 2 of 1949 (see p. 413) transferred to the Secretary of Labor certain duties and functions of the Federal Security Administrator (now the Secretary of Health, Education, and Welfare), with respect to employment services, unemployment compensation, and the Bureau of Employment Security (which was also transferred to the Department of Labor from the Federal Security Administration). Reorganization Plan No. 19 of 1950 (see p. 414) transferred the Bureau of Employees' Compensation from the Federal Security Administration (now the Department of Health, Education, and Welfare) to the Department of Labor and provided for the transfer from the Federal Security Administrator to the Secretary of Labor of certain functions and duties with respect to the Bureau of Employees' Compensation and with respect to employees' compensation, including workmen's compensation. In effect, with respect to these functions and duties. the provisions of this section of the Social Security Act also apply to the Secretary of Labor.

guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both.

(b) Whoever, with the intent to elicit information as to the date of birth, employment, wages, or benefits of any individual (1) falsely represents to the Secretary of Health, Education, and Welfare that he is such individual, or the wife, husband, widow, widower, former wife divorced, child, or parent of such individual, or the duly authorized agent of such individual, or of the wife, husband, widow, widower, former wife divorced. child, or parent of such individual, or (2) falsely represents to any person that he is an employee or agent of the United States, shall be deemed guilty of a misdemeanor, and, upon conviction thereof, shall be punished by a fine not exceeding $1,000, or by imprisonment not exceeding one year, or both.

Limitation on Payments to Puerto Rico, the Virgin Islands, and Guam

Sec. 1108. The total amount certified by the Secretary of Health, Education, and Welfare under title I (other than section 3 (a) (3) thereof), IV, X, and XIV,13 for payment to Puerto Rico with respect to any fiscal year shall not exceed $9,000,000, of which $500,000 may be used only for payments certified with respect to section 3 (a) (2) (B); 14 the total amount certified by the Secretary under such titles for payment to the Virgin Islands with respect to any fiscal year shall not exceed $315,000, of which $15,000 may be used only for payments certified in respect to section 3 (a) (2) (B); 15 and the total amount certified by the Secretary under such titles for payment to Guam with respect to any fiscal year shall not exceed $420,000, of which $20,000 may be used only for payments certified in respect to section 3 (a) (2) (B).16 Notwithstanding the provisions of sections 502 (a) (2), 512 (a) (2), and 522 (a), and until such time as Congress may by appropriation or other law otherwise provide, the Secretary shall, in lieu of the $60,000, $60,000, and $60,000, respectively, specified in such sections, allot such smaller amounts to Guam as he may deem appropriate.

Earned Income of Blind Recipients

Sec. 1109. Notwithstanding the provisions of sections 2 (a) (7), 402 (a) (7), 1002 (a) (8), and 1402 (a) (8), a State plan approved under title I, IV, X, or XIV may until June 30, 1954, and thereafter shall provide that where earned income has been disregarded in determining the need of an individual receiving aid to the blind under a State plan approved under title X, the earned income so disregarded (but not in excess of the amount specified in section 1002 (a) (8))

13 P. L. 86-778, sec. 602, amended sec. 1108 by striking out "titles I, IV, X, and XIV" and inserting in lieu thereof "titles I (other than section 3 (a) (3) thereof), IV, X, and XIV," effective with respect to fiscal years ending after 1960.

14 P. L. 86-778, sec. 602, struck out "$8,500,000" and inserted in lieu thereof "$9,000,000, of which $500,000 may be used only for payments certified with respect to section 3 (a) (2) (B)," effective with respect to fiscal years ending after 1960.

15 P. L. 86-778, sec. 602, struck out "$300,000" and inserted in lieu thereof "$315,000, of which $15,000 may be used only for payments certified in respect to section 3 (a) (2) (B)," effective with respect to fiscal years ending after 1960.

18 P. L. 86-778, sec. 602, struck out "$400,000" and inserted in lieu thereof "$420,000, of which $20,000 may be used only for payments certified in respect to section 3 (a) (2) (B)," effective with respect to fiscal years ending after 1960.

shall not be taken into consideration in determining the need of any other individual for assistance under a State plan approved under title I, IV, X, or XIV.

Cooperative Research or Demonstration Projects

Sec. 1110. (a) There are hereby authorized to be appropriated for the fiscal year ending June 30, 1957, $5,000,000 and for each fiscal year thereafter such sums as the Congress may determine for (1) making grants to States and public and other nonprofit organizations and agencies for paying part of the cost of research or demonstration projects such as those relating to the prevention and reduction of dependency, or which will aid in effecting coordination of planning between private and public welfare agencies or which will help improve the administration and effectiveness of programs carried on or assisted under the Social Security Act and programs related thereto, and (2) making contracts or jointly financed cooperative arrangements with States and public and other nonprofit organizations and agencies for the conduct of research or demonstration projects relating to such matters.

(b) No contract or jointly financed cooperative arrangement shall be entered into, and no grant shall be made, under subsection (a), until the Secretary obtains the advice and recommendations of specialists who are competent to evaluate the proposed projects as to soundness of their design, the possibilities of securing productive results, the adequacy of resources to conduct the proposed research or demonstrations, and their relationship to other similar research or demonstrations already completed or in process.

(c) Grants and payments under contracts or cooperative arrangements under subsection (a) may be made either in advance or by way of reimbursement, as may be determined by the Secretary; and shall be made in such installments and on such conditions as the Secretary finds necessary to carry out the purposes of this section.

Public Assistance Payments to Legal Representatives

Sec. 1111. For purposes of titles I, IV, X, and XIV, payments on behalf of an individual, made to another person who has been judicially appointed, under the law of the State in which such individual resides, as legal representative of such individual for the purpose of receiving and managing such payments (whether or not he is such individual's legal representative for other purposes), shall be regarded as money payments to such individual.

Medical Care Guides and Reports for Public Assistance and Medical Assistance for the Aged:

17

Sec. 1112. In order to assist the States to extend the scope and content, and improve the quality, of medical care and medical services for which payments are made to or on behalf of needy and low-income individuals under this Act and in order to promote better public understanding about medical care and medical assistance for needy and low-income individuals, the Secretary shall develop and revise

17 P. L. 86-778, sec. 705, approved September 13, 1960, added new section 1112.

from time to time guides or recommended standards as to the level. content, and quality of medical care and medical services for the use of the States in evaluating and improving their public assistance medical care programs and their programs of medical assistance for the aged; shall secure periodic reports from the States on items included in, and the quantity of, medical care and medical services for which expenditures under such programs are made; and shall from time to time publish data secured from these reports and other information necessary to carry out the purposes of this section.

TITLE XII-ADVANCES TO STATE UNEMPLOYMENT

FUNDS 1 2

Sec. 1201. Advances to State Unemployment Funds_

(a) When Advances Shall Be Made_--

(b) Transfer of Funds___

Sec. 1202. Repayment by States of Advances to State Unemployment
Funds_-_-

Sec. 1203. Advances to Federal Unemployment Account--
Sec. 1204. Definition of Governor__

ADVANCES TO STATE UNEMPLOYMENT FUNDS

Page*

169

169

170

170

170

170

Sec. 1201. (a) (1) Advances shall be made to the States from the Federal unemployment account in the Unemployment Trust Fund as provided in this section, and shall be repayable, without interest, in the manner provided in sections 901 (d) (1), 903 (b) (2), and 1202. An advance to a State for the payment of compensation in any month may be made if

(A) the Governor of the State applies therefor no earlier than the first day of the preceding month, and

(B) he furnishes to the Secretary of Labor his estimate of the amount of an advance which will be required by the State for the payment of compensation in such month.

(2) In the case of any application for an advance under this section to any State for any month, the Secretary of Labor shall

(A) determine the amount (if any) which he finds will be required by such State for the payment of compensation in such month, and

(B) certify to the Secretary of the Treasury the amount (not greater than the amount estimated by the Governor of the State) determined under subparagraph (Ã).

The aggregate of the amounts certified by the Secretary of Labor with respect to any month shall not exceed the amount which the Secretary of the Treasury reports to the Secretary of Labor is available in the Federal unemployment account for advances with respect

to such month.

(3) For purposes of this subsection

(A) an application for an advance shall be made on such forms, and shall contain such information and data (fiscal and otherwise) concerning the operation and administration of the State unemployment compensation law, as the Secretary of Labor deems necessary or relevant to the performance of his duties under this title,

1Title XII was compiled by the United States Department of Labor. Amended by P. L. 567, 83d Cong., 2d sess. See footnote 1, Title III.

2 P. L. 86-778, sec. 522 (a), replaced Title XII in its entirety. For applicability of the provisions of Title XII see sec. 522 (b) (1) and (2) of P. L. 86-778, p. 232. For this title

as it read prior to amendment see p. 309.

*This table does not appear in the law.

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