United States Code

(2) The term "United States" when used in a geographical sense means, except where otherwise provided, the States.

(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.

(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.

(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 percentages as soon as possible after August 28, 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.

(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.

(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 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 therefrom 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 chapter shall

not be deemed to exclude other things otherwise within the meaning of the term defined.

(c) Whenever under this chapter 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 chapter the amount so deducted shall be considered to have been paid to the employee at the time of such deduction.

(d) Nothing in this chapter shall be construed as authorizing any Federal official, agent, or representative, in carrying out any of the provisions of this chapter, 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. (Aug. 14, 1935, ch. 531, title XI, § 1101, 49 Stat. 647; Aug. 10, 1939, ch. 666, title VIII, § 801, 53 Stat. 1398; Aug. 10, 1946, ch. 951, title IV, § 401 (a), 60 Stat. 986; June 14, 1948, ch. 468, § 2 (a), 62 Stat. 438; Aug. 28, 1950, ch. 809, title IV, § 403 (a) (1), (2), (b), 64 Stat. 559; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631; Aug. 16, 1956, ch. 836, title III, § 333, 70 Stat. 852; Aug. 28, 1958, Pub. L. 85-840, title V, §§ 505, 506, 72 Stat. 1050, 1051; June 25, 1959, Pub. L. 86–70, § 32 (a), (d), 73 Stat. 149; July 12, 1960, Pub. L. 86-624, § 30 (a), (d), 74 Stat. 419, 420; Sept. 13, 1960, Pub. L. 86–778, title V, § 541, 74 Stat. 985; July 25, 1962, Pub. L. 87-543, title I, § 153, 76 Stat. 206; July 30, 1965, Pub. L. 8997, title I, § 121 (c) (1), 79 Stat. 352.)

AMENDMENTS

1965-Subsec. (a)(1). Pub. L. 89-97 included subchapter XIX of this chapter.

1962 Subsec. (a)(1). Pub. L. 87-543, § 153 (a), included in the enumeration subchapters XI and XVI of this chapter.

Subsec. (a) (2). Pub. L. 87-543, § 153(b), deleted “, the District of Columbia, and the Commonwealth of Puerto Rico" following "the States,”.

1960 Subsec.

(a)(1). Pub. L. 86-778 substituted "The term 'State', except where otherwise provided, inIcludes the District of Columbia and the Commonwealth of Puerto Rico" for "The term 'State' includes Hawaii, and the District of Columbia", and "includes the Virgin Islands and Guam" for "includes Puerto Rico, the Virgin Islands, and Guam."

Pub. L. 86-624, § 30(d)(1), eliminated words "Hawaii, and" preceding "the District of Columbia."

Subsec. (a) (2). Pub. L. 86-778 substituted "means, except where otherwise provided, the States, the District of Columbia, and the Commonwealth of Puerto Rico" for "means the States, Hawaii, and the District of Columbia."

Pub. L. 86-624, § 30(d) (2), eliminated ", Hawaii," preceding "and the District of Columbia."

Subsec. (a) (8) (A). Pub. L. 86-624, § 30(a) (1), (2), substituted "per capita income of the United States" for "per capita income of the continental United States (including Alaska)", and eliminated provisions which prescribed the Federal percentage for Hawaii as 50 per

centum.

Subsec. (a) (8) (B). Pub. L. 86-624, § 30(a) (1), substituted "United States" for "continental United States (including Alaska)".

Subsec. (a) (8) (C), (D). Pub. L. 86-624, § 30(a)(3), added pars. (C) and (D).

1959 Subsec. (a)(1). Pub. L. 86-70, § 32(d)(1), substituted "Hawaii and" for "Alaska, Hawaii, and." Subsec. (a) (2). Pub. L. 86-70, § 32(d) (2), eliminated "Alaska," preceding "Hawaii.” Subsec. (a) (8). Pub. L. 86-70, § 32(a), substituted "(including Alaska)" for "(excluding Alaska)" in two

instances, and "50 per centum for Hawaii" for "50 per centum for Alaska and Hawaii."

1958 Subsec. (a)(1). Pub. L. 85-840, § 506, included Guam within the definition of "State" when used in subchapters I, IV, V, VII, X, and XIV of this chapter.

Subsec. (a) (8). Pub. L. 85-840, § 505, added par. (8). 1956 Subsec. (a)(1). Act Aug. 1, 1956, inserted reference to subchapter VII of this chapter.

1950 Subsec. (a)(1). Act Aug. 28, 1950, § 403 (a) (1), redefined the term "State".

Subsec. (a) (6). Act Aug. 28, 1950, § 403 (a) (2), defined "Administrator".

Subsec. (a) (7). Act Aug. 28, 1950, § 403(b), added par. (7).

1948 Subsec. (a) (6). Act June 14, 1948, provided for the application of the usual common-law rules in determining whether a person is an employee.

1946 Subsec. (a)(1). Act Aug. 10, 1946, omitted exception of section 45b of title 29 and added the Virgin Islands.

1939 Subsec. (a)(1). Act Aug. 10, 1939, redefined the term "State".

EFFECTIVE DATE OF 1965 AMENDMENT Section 121(c)(1) of Pub. L. 89-97 provided in part that the amendment of subsec. (a) (1) by Pub. L. 89-97 shall be effective Jan. 1, 1966.

EFFECTIVE DATE OF 1960 AMENDMENTS

Section 541 of Pub. L. 86-778 provided in part that the amendment of subsec. (a) (1) and (2) of this section by Pub. L. 86-778 shall be effective on and after Jan. 1, 1961.

Amendment of subsec. (a) (1), (2) of this section by Pub. L. 86-624 effective on Aug. 21, 1959, see section 47(f) of Pub. L. 86-624, set out as a note under section 645 of Title 20, Education.

Amendment of subsec. (a) (8) (A) by Pub. L. 86-624, § 30(a) (1), which substituted "United States" for "continental United States (including Alaska)", and amendment of subsec. (a) (8) (B), and subsecs. (a) (8) (C). (D), applicable in the case of promulgations or computations of Federal shares, allotment percentages, allotment ratios, and Federal percentages, as the case may be, made after Aug. 21, 1959, see section 47(a) of Pub. L. 86-624, set out as a note under section 442 of Title 20, Education. Section 47(b) of Pub. L. 86-624 provided that: "The amendments made by paragraph (2) of section 30(a) [which eliminated provisions in subsec. (a) (8) (A) prescribing the Federal percentage for Hawaii] shall be effective with the beginning of the calendar quarter in which this Act is enacted. 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 Hawali determined in accordance with the provisions of subparagraph (B) of section 1101(a) (8) of the Social Security Act [subsec. (a) (8) (B) of this section], such promulgation to be effective for the period beginning with the beginning of the calendar quarter in which this Act is enacted and ending with the close of June 30, 1961."

EFFECTIVE DATE OF 1959 AMENDMENT Amendment of subsecs. (a)(1) and (a)(2) of this section by Pub. L. 86-70 effective on Jan. 3, 1959, see section 47(d) of Pub. L. 86-70, set out as a note under section 151 of Title 20, Education.

Amendment of subsec. (a) (8) of this section by Pub. L. 86-70 applicable in the case of promulgations of Federal shares, allotment percentages, allotment ratios, and Federal percentages, as the case may be, made after satisfactory data are available from the Department of Commerce for a full year on the per capita income of Alaska, see section 47(a) of Pub. L. 86-70, set out as a note under section 442 of Title 20, Education.

EFFECTIVE DATE OF 1958 AMENDMENT

For effective date of amendments of subsec. (a) (1), (8) by Pub. L. 85-840, see section 512 of Pub. L. 85-840, set out as a note under section 303 of this title.

EFFECTIVE DATE OF 1950 AMENDMENT Section 403 (a) (3) of act Aug. 28, 1950, provided that: "The amendment made by paragraph (1) of this subsection [amendment of subsec. (a) (1) of this section]

shall take effect October 1, 1950, and the amendment made by paragraph (2) of this subsection [amendment of subsec. (a) (6) of this section], insofar as it repeals the definition of 'employee', shall be effective only with respect to services performed after 1950."

Section 403 (b) of act Aug. 28, 1950, provided in part that subsection (a) (7) shall be effective as of October 1, 1950.

EFFECTIVE DATE OF 1948 AMENDMENT

Section 2 (b) of act June 14, 1948, provided that: "The amendment made by subsection (a) [of section 2 of act June 14, 1948] shall have the same effect as if included in the Social Security Act [this chapter] on August 14, 1935, the date of its enactment, but shall not have the effect of voiding any (1) wage credits reported to the Bureau of Internal Revenue with respect to services performed prior to the enactment of this Act [June 14, 1948] or (2) wage credits with respect to services performed prior to the close of the first calendar quarter which begins after the date of the enactment of this Act [June 14, 1948] in the case of individuals who have attained age sixty-five or who have died, prior to the close of such quarter, and with respect to whom prior to the date of enactment of this Act [June 14, 1948] wage credits were established which would not have been established had the amendment made by subsection (a) been in effect on and after August 14, 1935."

EFFECTIVE DATE OF 1946 AMENDMENT

Section 401 (a) of act Aug. 10, 1946, provided that the amendment to subsec. (a)(1) of this section shall be effective Jan. 1, 1947.

EFFECTIVE DATE OF 1939 AMENDMENT Amendment of section by act Aug. 10, 1939, was made effective Jan. 1, 1940, by section 801 of act Aug. 10, 1939.

REPEALS

The provisions of subsecs. (a) (1), (3), [former] (6). (c) of this section were incorporated into sections 1426 (d)—(f), 1427, 1607 (1)—(k), and 1608 of Title 26, I. R. C. 1939 by act Feb. 10, 1939, c. 2, 53 Stat. 1. Section 4 of the act of Feb. 10, 1939, provided that all laws and parts of laws codified into the I. R. C. 1939, to the extent that they related exclusively to internal revenue, were repealed. See enacting sections preceding section 1 of Title 26, I.R.C.

1939.

Provisions of I. R. C. 1939 were generally repealed by section 7851 of Title 26, I. R. C. 1954 (Act Aug. 16, 1954, c. 736, 68A Stat. 3). See, also, section 7807 of said Title 26, I. R. C. 1954, respecting rules in effect upon enactment of I. R. C. 1954. Said repealed sections are now covered by sections 3121 (d), (e), 3123, 3306 (1), (j), 3307, 7701 (a) (1) of Title 26, I. R. C. 1954.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the Office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

DEFINITION OF "SECRETARY"

Section 404 of Pub. L. 90-248, title IV, Jan. 2, 1968, 81 Stat. 933, provided that: "As used in the amendments made by this Act [Social Security Amendments of 1967, see Short Title note under section 302 of this title] (unless the context otherwise requires), the term 'Secretary' means the Secretary of Health, Education, and Welfare." Section 110 of Pub. L. 89-97 provided that: "As used in this Act [Social Security Amendments of 1965, see Short Title note under section 302 of this title], and in the provisions of the Social Security Act amended by this Act [this chapter], the term 'Secretary', unless the context otherwise requires, means the Secretary of Health, Education, and Welfare."

"Secretary" as used in amendments to this chapter by Pub. L. 85-840 means the Secretary of Health, Education, and Welfare, see section 702 of Pub. L. 85-840, set out as a note under section 402 of this title.

CROSS REFERENCES

Aid to the blind, see section 1206 of this title. Aid to the permanently and totally disabled, see section 1355 of this title.

Employment security administrative expenses, see section 1101 of this title.

Governor, see section 1324 of this title. Unemployment administrative expenses, see section 1104(g) of this title.

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 303, 1383, 1395x, 1396d of this title.

§ 1301-1. Definition of Administrator.

CODIFICATION

Section, act Aug. 10, 1946, ch. 951, title II, § 202, 60 Stat. 981, which was enacted as a part of the Social Security Act Amendments of 1946 and not as a part of the Social Security Act which comprises this chapter, and which defined the term "Administrator" as used in certain sections of this chapter is now covered by section 1301 of this title.

§ 1301a. Bureau of Old-Age and Survivors' Insurance employees; travel expenses.

Employees of the Bureau of Old-Age and Survivors' Insurance when engaged in the investigation of claims or the furnishing or securing of information concerning claims or wage records under subchapter II of this chapter, may be reimbursed for official travel performed by them in privately owned automobiles within the corporate limits of their official stations at a rate not to exceed 3 cents per mile. (June 26, 1940, ch. 428, title II, 54 Stat. 588.)

CODIFICATION

Section was enacted as a part of the Deficiency Appropriation Act, 1940, and not as a part of the Social Security Act which comprises this chapter.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, eff. Apr. 11, 1953, 18 F.R. 2053, 67 Stat. 631, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

SIMILAR PROVISIONS

Similar provisions were contained in act Aug. 9, 1939, ch. 633, title I, § 1, 53 Stat. 1304.

§ 1302. Rules and regulations.

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 chapter, as may be necessary to the efficient administration of the functions with which each is charged under this chapter. (Aug. 14, 1935, ch. 531, title XI, § 1102, 49 Stat. 647; 1946 Reorg. Plan No. 2, §§ 1, 4, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; 1949 Reorg. Plan No. II, § 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271; Aug. 28, 1950, ch. 809, title IV, § 403(c), 64 Stat. 559; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

CODIFICATION

Provisions relating to the Secretary of Labor were inserted in view of 1950 Reorg. Plan No. 19, which trans

Federal Security Agency to the Department of Labor and the functions of the Federal Security Administrator with ferred the Bureau of Employees' Compensation from the respect to the Bureau and to employees' compensation, including workmen's compensation, to the Secretary of Labor. See transfer of functions notes below.

REPEALS

The provisions of this section were incorporated into sections 1429 and 1609 of Title 26, I. R. C. 1939, by act Feb. 10, 1939, ch. 2, 53 Stat. 1. Section 4 of the act of Feb. 10, 1939, provided that all laws and parts of laws codified into the I. R. C. 1939, to the extent that they related exclusively to internal revenue, were repealed. Provisions of I. R. C. 1939 were generally repealed by section 7851 of Title 26, I. R. C. 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 repealed sections are now covered by section 7805 (a), (c) of Title 26, I. R. C. 1954.

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by section 5 of 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

"Administrator" was substituted for "Board" by act Aug. 28, 1950.

The Bureau of Employees' Compensation of the Federal Security Agency, together with its functions, was transferred to the Department of Labor to be administered under the direction and supervision of the Secretary of Labor by section 1 of 1950 Reorg. Plan No. 19, formerly set out in the Appendix to Title 5.

The Bureau of Employment Security of the Federal Security Agency, together with its functions, was transferred to the Department of Labor, to be administered by the Secretary of Labor, by section 1 of 1949 Reorg. Plan No. II, set out in the Appendix to Title 5.

"Federal Security Administrator" was substituted for "Secretary of Labor" and "Social Security Board" by 1946 Reorg. Plan No. 2. See note under section 902 of this title. § 1303. Separability of provisions.

If any provision of this chapter, or the application thereof to any person or circumstance, is held invalid, the remainder of the chapter, and the application of such provision to other persons or circumstances shall not be affected thereby. (Aug. 14, 1935, ch. 531, title XI, § 1103, 49 Stat. 648.)

SECTION REFERRED TO IN OTHER SECTIONS This section is referred to in section 4016 of this title. § 1304. Reservation of right to amend or repeal.

The right to alter, amend, or repeal any provision of this chapter is 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 Security Act". (Aug. 14, 1935, ch. 531, title XI, § 1105, 49 Stat. 648.)

§ 1306. Disclosure of information in possession of Department of Health, Education, and Welfare or Department of Labor; compliance with requests for information and services.

(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 A of chapter 9 of Title 26, Internal Revenue Code of 1939; or under regulations made under authority thereof, which have been transmitted to the Secretary of Health, Education, and Welfare or to the Secretary of Labor, as the case may be, 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 of Health, Education, and Welfare, or the Secretary of Labor, or by any officer or employee of the Department of Health, Education, and Welfare or the Department of Labor in the course of discharging their respective duties under this chapter, and no disclosure of any such file, record, report or other paper, or information, obtained at any time by any person from the Secretary of Health, Education, and Welfare or the Secretary of Labor, as the case may be, or from any officer or employee of the Department of Health, Education, and Welfare or the Department of Labor shall be made except as the Secretary of Health, Education, and Welfare or the Secretary of Labor, as the case may be, may by regulations prescribe. Any person who shall violate any provision of this section shall be 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) 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 of Health, Education, and Welfare or the Secretary of Labor, as the case may be, to avoid undue interference with their respective functions under this chapter, 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 of Health, Education, and Welfare or the Secretary of Labor, as the case may be. 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 of Health, Education, and Welfare or the Secretary of Labor, as the case may be, 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 OldAge and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund for the unit or units of the Department of Health, Education, and Welfare or the Department of Labor, as the case may be, which furnished the information or services.

(c) (1) (A) Upon request (filed in accordance with paragraph (2) of this subsection) of any State or local agency participating in administration of the State plan approved under subchapter I, X, XIV, XVI, or XIX of this chapter, or part A of subchapter IV of this chapter, or participating in the administration of any other State or local public assistance program, for the most recent address of

any individual included in the files of the Department of Health, Education, and Welfare maintained pursuant to section 405 of this title, the Secretary shall furnish such address, or the address of the most recent employer, or both, if such agency certifies that

(i) an order has been issued by a court of competent jurisdiction against such individual for the support and maintenance of his child or children who are under the age of 16 in destitute or necessitous circumstances.

(ii) such child or children are applicants for or recipients of assistance available under such a plan or program,

(iii) such agency has attempted without success to secure such information from all other sources reasonably available to it, and

(iv) such information is requested (for its own use, or on the request and for the use of the court which issued the order) for the purpose of obtaining such support and maintenance.

(B) If a request for the most recent address of any individual so included is filed (in accordance with paragraph (2) of this subsection) by a court having jurisdiction to issue orders or entertain petitions against individuals for the support and maintenance of their children, the Secretary shall furnish such address, or the address of the individual's most recent employer, or both, for the use of the court (and for no other purpose) in issuing or determining whether to issue such an order against such individual or in determining (in the event such individual is not within the jurisdiction of the court) the court to which a petition for support and maintenance against such individual should be forwarded under any reciprocal arrangements with other States to obtain or improve court orders for support, if the court certifies that the information is requested for such use.

(2) A request under paragraph (1) of this subsection shall be filled in such manner and form as the Secretary may prescribe (and, in the case of a request under paragraph (1) (A), shall be accompanied by a certified copy of the order referred to in clauses (i) and (iv) thereof).

(3) The penalties provided in the second sentence of subsection (a) of this section shall apply with respect to use of information provided under paragraph (1) of this subsection except for the purpose authorized by subparagraph (A) (iv) or (B) thereof.

(4) The Secretary, in such cases and to such extent as he may prescribe in accordance with regulations, may require payment for the cost of information provided under paragraph (1) of this subsection; and the provisions of the second sentence of subsection (b) of this section shall apply also with respect to payment under this paragraph. (Aug. 14, 1935, ch. 531, title XI, § 1106, as added Aug. 10, 1939, ch. 666, title VIII, § 802, 53 Stat. 1398, and amended 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F.R. 7873, 60 Stat. 1095; 1949 Reorg. Plan No. II, § 1, eff. Aug. 20, 1949, 14 F.R. 5225, 63 Stat. 1065; 1950 Reorg. Plan No. 19, § 1, eff. May 24, 1950, 15 F.R. 3178, 64 Stat. 1271; Aug. 28, 1950, ch. 809, title IV, § 403 (d), 64 Stat. 559; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11. 1953, 18 F.R. 2053, 67 Stat. 631; Aug. 28, 1958, Pub. L. 85-340, title VII, § 701, 72 Stat. 1055;

July 30, 1965, Pub. L. 89-97, title I, § 108 (c), title III, § 340, 79 Stat. 339, 411; Jan. 2, 1968, Pub. L. 90–248, title I, § 168, title II, § 241(c) (1), 81 Stat. 875, 917.)

REFERENCES IN TEXT

Title VIII of the Social Security Act, referred to in subsec. (a), was formerly classified to sections 1001-1011 of this title. For disposition of those sections, see Codification Note thereunder.

Subchapter E of chapter 1 and subchapter A of chapter 9 of Title 26, Internal Revenue Code of 1939, referred to in subsec. (a), were references to provisions classified to sections 480-482 and 1400-1432, respectively of the Internal Revenue Code, 1939. Said provisions were repealed by section 7851 of Title 26, I. R. C. 1954. For provision deeming a reference in other laws to a provision of I. R. C. 1939, also as a reference to corresponding provision of I. R. C. 1954, see section 7852 (b) of said Title 26. For disposition of said repealed provisions in Title 26, I. R. C. 1954, see Distribution Tables.

CODIFICATION

Provisions relating to the Department of Labor and the Secretary of Labor were inserted in view of 1950 Reorg. Plan No. 19, which transferred the Bureau of Employees' Compensation from the Federal Security Agency to the Department of Labor and the functions of the Federal Security Administrator with respect to the Bureau and to employees' compensation, including workmen's compensation, to the Secretary of Labor. See transfer of functions notes below.

AMENDMENTS

1968-Subsec. (c) (1). Pub. L. 90-248, § 241(c)(1), deleted "IV," following "I," and inserted "or part A of subchapter IV of this chapter," after "XIX of this chapter,". Subsec. (c) (1) (A), (B), Pub. L. 90-248, § 168(a), designated existing provisions as subpar. (A), redesignated former subpars. (A)—(D) as cls. (1)—(iv) thereof, and added subpar. (B).

Subsec. (c) (2). Pub. L. 90-248, § 168(b) (1), substituted "(and, in the case of a request under paragraph (1)(A), shall be accompanied by a certified copy of the order referred to in clauses (1) and (iv) thereof)" for ", and shall be accompanied by a certified copy of the order referred to in paragraph (1)(A) of this subsection".

Subsec. (c) (3). Pub. L. 90–248, § 168(b) (2), substituted "authorized by subparagraph (A)(iv) or (B)" for “authorized by subparagraph (D)".

1965 Subsec. (b). Pub. L. 89-97, § 108 (c), provided for use of special deposit in the Treasury (made up of payments for information and services furnished) to reimburse authorizations to make expenditures from the Federal Hospital Insurance Trust Fund and the Supplementary Medical Insurance Trust Fund.

Subsec. (c). Pub. L. 89-97, § 340, added subsec. (c). 1958 Subsec. (b). Pub. L. 85-840 authorized compliance with requests for services if the agency, person, or organization making the request agrees to pay for the services.

1950-Act Aug. 28, 1950, designated existing provisions as subsec. (a), substituted "under subchapter E of chapter 1 or subchapter A of chapter 9 of Title 26" for "the Federal Insurance Contributions Act," reflected the transfer of functions from the Social Security Board to the Federal Security Administrator and the Federal Security Agency, and added subsection (b).

TRANSFER OF FUNCTIONS

All functions of the Federal Security Administrator were transferred to the Secretary of Health, Education, and Welfare and all agencies of the Federal Security Agency were transferred to the Department of Health, Education, and Welfare by 1953 Reorg. Plan No. 1, set out in the Appendix to Title 5, Government Organization and Employees. The Federal Security Agency and the office of Administrator were abolished by section 8 of 1953 Reorg. Plan No. 1.

Labor by section 1 of 1950 Reorg. Plan No. 19, set out in the Appendix to Title 5.

"Administrator" was substituted for "Board" by 1946 Reorg. Plan No. 2. See note under section 902 of this title. DEFINITION OF "SECRETARY"

§ 1307. Penalty for fraud.

(a) Whoever, with the intent to defraud any person, shall make or cause to be made any false representation concerning the requirements of this chapter, subchapter E of chapter 1 or subchapters A, C, or E of chapter 9 of Title 26, Internal Revenue Code of 1939, or of any rules or regulations issued thereunder, knowing such representations, to be false, 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.

(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 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. (Aug. 14, 1935, ch. 531, title XI, § 1107, as added Aug. 10, 1939, ch. 666, title VIII, § 802, 53 Stat. 1398, and amended 1946 Reorg. Plan No. 2, § 4, eff. July 16, 1946, 11 F. R. 7873, 60 Stat. 1095; Aug. 28, 1950, ch. 809, title IV, § 403 (e), (f), 64 Stat. 560; 1953 Reorg. Plan No. 1, §§ 5, 8, eff. Apr. 11, 1953, 18 F. R. 2053, 67 Stat. 631.)

REFERENCES IN TEXT

Subchapter E of chapter 1 and subchapter A, C, or E of chapter 9 of Title 26, Internal Revenue Code of 1939, referred to in subsec. (a), were references to provisions classified to sections 480-482, 1400-1432, 1600-1611, and 1630-1636, respectively of the Internal Revenue Code, 1939. Said provisions were repealed by section 7851 of Title 26, I. R. C. 1954. For provision deeming a reference in other laws to a provision of I. R. C. 1939, also as a reference to corresponding provision of I. R. C. 1954, see section 7852 (b) of said Title 26. For disposition of said repealed provisions in Title 26, I. R. C. 1954, see Distribution Tables.

AMENDMENTS

1950 Subsec. (a). Act Aug. 28, 1950, § 403 (e), substituted "subchapter E of chapter 1 or subchapters A, C, or E of chapter 9 of Title 26," for "the Federal Insurance Contributions Act, or the Federal Unemployment Tax Act."

Subsec. (b). Act Aug. 28, 1950, § 403 (f), substituted "Administrator" for "Board" and "wife, husband, widow, widower, former wife divorced, child, or parent" for "wife, parent, or child" wherever appearing.

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United States Code, Volume 9