Veterans' Readjustment Assistance Act of 1952 63 prior to their making their first claims under this Act 64), the amount of costs incurred in the administration of this Act with respect to the State, and the amount estimated by the Secretary of Labor as the State's proportionate share of other costs incurred in the administration of this Act. TITLE II-GENERAL PROVISIONS Definitions SEC. 201. For the purposes of this Act (1) The term "Secretary" means the Secretary of Labor. (2) The term "State" includes the District of Columbia, Alaska, and Hawaii. (3) The term "first claim" means the first request for determination of benefit status under this Act on the basis of which a weekly benefit amount under this Act is established, without regard to whether or not any benefits are paid. Review SEC. 202. Any determination by a State agency with respect to entitlement to temporary unemployment compensation pursuant to an agreement under this Act shall be subject to review in the same manner and to the same extent as determinations under the State unemployment compensation law, and only in such manner and to such extent. Penalties False Statements, and So Forth SEC. 203. (a) Whoever makes a false statement or representation of a material fact knowing it to be false, or knowingly fails to disclose a material fact, to obtain or increase for himself or for any other individual any payment under this Act shall be fined not more than $1,000 or imprisoned for not more than one year, or both. Recovery of Overpayments (b) (1) If a State agency or the Secretary, as the case may be, or a court of competent jurisdiction, finds that any person (A) has made, or has caused to be made by another, a false statement or representation of a material fact knowing it to be false, or has knowingly failed, or caused another to fail, to disclose a material fact, and (B) as a result of such action has received any payment under this Act to which he was not entitled, such person shall be liable to repay such amount to the State agency or the Secretary, as the case may be. In lieu of requiring the repayment of any amount under this paragraph, the State agency or the Secretary, as the case may be, may recover such amount by deductions 63 Now in title 38, United States Code, see p. 362. The administrative costs of paying temporary unemployment compensation to exhaustees under these Federal laws is also excepted from the sums restorable under sec. 104 (a) by P. L. 85-457, approved June 13, 1958. from any compensation payable to such person under this Act. Any such finding by a State agency or the Secretary, as the case may be, may be made only after an opportunity for a fair hearing, subject to such further review as may be appropriate under sections 103 (c) and 202 of this Act. (2) Any amount repaid to a State agency under paragraph (1) shall be deposited into the fund from which payment was made. Any amount repaid to the Secretary under paragraph (1) shall be returned to the Treasury and credited to the current applicable appropriation, fund, or account from which payment was made. Information SEC. 204. The agency administering the unemployment compensation law of any State shall furnish to the Secretary (on a reimbursable basis) such information as he may find necessary or appropriate in carrying out the provisions of this Act. Payments to States Payment on Calendar Month Basis SEC. 205. (a) There shall be paid to each State which has an agreement under this Act, either in advance or by way of reimbursement, as may be determined by the Secretary, such sum as the Secretary estimates the State will be entitled to receive under this Act for each calendar month, reduced or increased, as the case may be, by any sum by which the Secretary finds that his estimates for any prior calendar month were greater or less than the amounts which should have been paid to the State. Such estimates may be made upon the basis of such statistical, sampling, or other method as may be agreed upon by the Secrétary and the State agency. Certification (b) The Secretary shall from time to time certify to the Secretary of the Treasury for payment (1) to each State which has an agreement under this Act sums payable to such State under subsection (a), and (2) to each State such amounts as the Secretary determines to be necessary for the proper and efficient administration of this Act in such State. The Secretary of the Treasury, prior to audit or settlement by the General Accounting Office, shall make payment to the State in accordance with such certification, from the funds appropriated for carrying out the purposes of this Act. Money To Be Used Only for Purposes for Which Paid (c) All money paid a State under this Act shall be used solely for the purposes for which it is paid; and any money so paid which is not used for such purposes shall be returned, at the time specified in the agreement under this Act, to the Treasury and credited to current applicable appropriations, funds, or accounts from which payments to States under this Act may be made. 65368-61-32 Surety Bonds (d) An agreement under this Act may require any officer or employee of the State certifying payments or disbursing funds pursuant to the agreement, or otherwise participating in its performance, to give a surety bond to the United States in such amount as the Secretary may deem necessary, and may provide for the payment of the cost of such bond from funds for carrying out the purposes of this Act. Liability of Certifying Officers (e) No person designated pursuant to an agreement under this Act as a certifying officer shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to the payment of any compensation certified by him under this Act. Liability of Disbursing Officers (f) No disbursing officer shall, in the absence of gross negligence or intent to defraud the United States, be liable with respect to any payment by him under this Act if it was based upon a voucher signed by a certifying officer designated as provided in subsection (e) of this section. Denial of Benefits to Aliens Employed by Communist Governments or Organizations SEC. 206. No person who is an alien shall be entitled to any benefit under this Act for any week of unemployment if, at any time on or after the first day of his applicable base period and before the beginning of such week, he was at any time employed by (1) a foreign government which, at the time of such employment, was Communist or under Communist control, or any agency or instrumentality of any such foreign government, or (2) any organization if, at the time of such employment (A) such organization was registered under section 7 of the Subversive Activities Control Act of 1950 (50 U. S. C. 786), or (B) there was in effect a final order of the Subversive Activities Control Board requiring such organization to register under section 7 of such Act or determining that it is a Communist-infiltrated organization. Regulations SEC. 207. The Secretary is hereby authorized to make such rules and regulations as may be necessary to carry out the provisions of this Act. Authorization of Appropriations SEC. 208. There are hereby authorized to be appropriated, out of any money in the Treasury not otherwise appropriated, such sums as may be necessary to carry out the purposes of this Act. APPENDIX Public Laws amending the Social Security Act (Public Law 271, 74th Cong., approved August 14, 1935, 49 Stat. 620) are listed below. The citation shown following the date of approval of the amending act is to the page and volume of the Statutes at Large where the particular act may be found. The short title, if any, of the amending act is shown following the Statutes at Large citation. Public Law 722, 75th Cong., approved June 25, 1938 (52 Stat. 1094). The Railroad Unemployment Insurance Act. Public Law 36, 76th Cong., approved April 19, 1939 (53 Stat. 581). Public Law 379, 76th Cong., approved August 10, 1939 (53 Stat. 1360). The Social Public Law 17, 78th Cong., approved March 24, 1943 (57 Stat. 45). Public Law 235, 78th Cong., passed over veto February 25, 1944 (58 Stat. 21). The Revenue Act of 1943. Public Law 285, 78th Cong., approved April 4, 1944 (58 Stat. 188). Public Law 410, 78th Cong., approved July 1, 1944 (58 Stat. 682). The Public Health Service Act. Public Law 458, 78th Cong., approved October 3, 1944 (58 Stat. 785). The War Mobilization and Reconversion Act of 1944. Public Law 201, 79th Cong., approved October 23, 1945 (59 Stat. 546). Public Law 291, 79th Cong., approved December 29, 1945 (59 Stat. 669). The International Organization Immunities Act. Public Law 719, 79th Cong., approved August 10, 1946 (60 Stat. 978). The Social Security Act Amendments of 1946. Public Law 239, 80th Cong., approved July 25, 1947 (61 Stat. 449). Public Law 379, 80th Cong., approved August 6, 1947 (61 Stat. 793). The Social Security Act Amendments of 1947. Public Law 492, 80th Cong., passed over veto April 20, 1948 (62 Stat. 195). Public Law 642, 80th Cong., passed over veto June 14, 1948 (62 Stat. 438). Pulbic Law 734, 81st Cong., approved August 28, 1950 (64 Stat. 477). The Social Public Law 814, 81st Cong., approved September 23, 1950 (64 Stat. 906). The Revenue Act of 1950. Public Law 814, 81st Cong., approved September 23, 1950, (64 Stat. 906). The Revenue Act of 1950. Public Law 78, 82d Cong., approved July 12, 1951 (65 Stat. 119). Public Law 420, 82d Cong., approved June 28, 1952 (66 Stat. 285). Public Law 590, 82d Cong., approved July 18, 1952 (66 Stat. 767). The Social Public Law 269, 83d Cong., approved August 14, 1953 (67 Stat. 580). Public Law 567, 83d Cong., approved August 5, 1954 (68 Stat. 668). The Employment Security Administrative Financing Act of 1954. Public Law 761, 83d Cong., approved September 1, 1954 (68 Stat. 1052). The Public Law 767, 83d Cong., approved September 1, 1954 (68 Stat. 1130). Public Law 880, 84th Cong., approved August 1, 1956 (70 Stat. 807). The Public Law 881, 84th Cong., approved August 1, 1956 (70 Stat. 857). The Servicemen's and Veterans' Survivors Benefits Act. Public Law 85-26, approved April 25, 1957 (71 Stat. 27). Public Law 85-441, approved June 4, 1958 (72 Stat. 171). The Temporary Unemployment Compensation Act of 1958. Public Law 85-785, approved August 27, 1958 (72 Stat. 938). Public Law 85-840, approved August 28, 1958 (72 Stat. 1013). The Social Public Law 85-848, approved August 28, 1958 (72 Stat. 1087). The Ex-Servicemen's Unemployment Compensation Act of 1958. Public Law 85-857, approved September 2, 1958, (72 Stat. 1105). Public Law 85-927, approved September 6, 1958 (72 Stat. 1778). Public Law 86-7, approved March 31, 1959 (73 Stat. 14). Public Law 86-70, approved June 25, 1959 (73 Stat. 141). The Alaska Omnibus Act. Public Law 86-168, approved August 18, 1959 (73 Stat. 384). The Farm Credit Public Law 86-284, approved September 16, 1959 (73 Stat. 566). Public Law 86-415, approved April 8, 1960 (74 Stat. 32). The Public Health Public Law 86-442, approved April 22, 1960 (74 Stat. 81). Public Law 86-624, approved July 12, 1960 (74 Stat. 411). The Hawaii Omnibus Public Law 86-778, approved September 13, 1960 (74 Stat. 924). The Social Security Amendments of 1960. |