42 U.S.C. § 1306a — Public access to State disbursement

Page 2558 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 1306a stituting ‘‘under subchapter E of chapter 1 or sub- chapter A of chapter 9 of the Internal Revenue Code of 1939’’ for ‘‘the Federal Insurance Contributions Act,’’ reflecting the transfer of functions from the Social Se- curity Board to the Federal Security Administrator and the Federal Security Agency, and adding subsec. (b). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Amendment by Pub. L. 116–260 applicable to disclo- sures made on or after Dec. 27, 2020, see section 284(a)(4) of div. N of Pub. L. 116–260 and section 102(c) of div. FF of Pub. L. 116–260, set out as notes under section 6103 of Title 26, Internal Revenue Code. EFFECTIVE DATE OF 1994 AMENDMENT Amendment by section 108(b)(2)–(5) of Pub. L. 103–296 effective Mar. 31, 1995, see section 110(a) of Pub. L. 103–296, set out as a note under section 401 of this title. Amendment by section 311(a) of Pub. L. 103–296, appli- cable with respect to requests for information made after Aug. 15, 1994, see section 311(c) of Pub. L. 103–296, set out as a note under section 6103 of Title 26, Internal Revenue Code. Pub. L. 103–296, title III, § 313(c), Aug. 15, 1994, 108 Stat. 1530, provided that: ‘‘The amendments made by this section [amending this section and section 1307 of this title] shall apply to violations occurring on or after the date of the enactment of this Act [Aug. 15, 1994].’’ 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. EFFECTIVE DATE OF 1975 AMENDMENT Amendment by Pub. L. 93–647 effective Aug. 1, 1975, see section 101(f) of Pub. L. 93–647, set out as an Effec- tive Date note under section 651 of this title. EFFECTIVE DATE OF 1972 AMENDMENT Pub. L. 92–603, title II, § 249C(b), Oct. 30, 1972, 86 Stat. 1428, provided that: ‘‘The provisions of subsection (a) [amending this section] shall apply with respect to re- ports which are completed by the Secretary after the third calendar month following the enactment of this Act [Oct. 30, 1972].’’ § 1306a. Public access to State disbursement records No State or any agency or political subdivi- sion thereof shall be deprived of any grant-in-aid or other payment to which it otherwise is or has become entitled pursuant to subchapter I (other than section 303(a)(3) thereof), IV, X, XIV, or XVI (other than section 1383(a)(3) thereof) of this chapter, by reason of the enactment or en- forcement by such State of any legislation pre- scribing any conditions under which public ac- cess may be had to records of the disbursement of any such funds or payments within such State, if such legislation prohibits the use of any list or names obtained through such access to such records for commercial or political pur- poses. (Oct. 20, 1951, ch. 521, title VI, § 618, 65 Stat. 569; Pub. L. 86–778, title VI, § 603(a), Sept. 13, 1960, 74 Stat. 992; Pub. L. 87–543, title I, § 141(e), July 25, 1962, 76 Stat. 205.) Editorial Notes REFERENCES IN TEXT Section 303(a)(3), referred to in text, was repealed by Pub. L. 97–35, title XXI, § 2184(a)(4)(A), Aug. 13, 1981, 95 Stat. 816. Section 1383(a)(3), referred to in text, was in the origi- nal a reference to section 1603(a)(3) of the Social Secu- rity Act as added July 25, 1962, Pub. L. 87–543, title I, § 141(a), 76 Stat. 200, and amended. That section was amended generally by Pub. L. 92–603, § 301, Oct. 30, 1972, 86 Stat. 1478. However, the amendment by Pub. L. 92–603 was inapplicable to Puerto Rico, Guam, and the Virgin Islands, so that the prior section (which is set out as a note under section 1383 of this title) continues in effect for Puerto Rico, Guam, and the Virgin Islands. CODIFICATION Section was enacted as part of act Oct. 20, 1951, popu- larly known as the Revenue Act of 1951, and not as part of the Social Security Act which comprises this chap- ter. AMENDMENTS 1962—Pub. L. 87–543 substituted ‘‘XIV, or XVI (other than section 1383(a)(3) thereof)’’ for ‘‘or XIV’’. 1960—Pub. L. 86–778 inserted ‘‘(other than section 303(a)(3) thereof)’’ after ‘‘pursuant to subchapter I’’. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1960 AMENDMENT Pub. L. 86–778, title VI, § 603(b), Sept. 13, 1960, 74 Stat. 992, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect Oc- tober 1, 1960.’’ § 1306b. State data exchanges Whenever the Commissioner of Social Secu- rity requests information from a State for the purpose of ascertaining an individual’s eligi- bility for benefits (or the correct amount of such benefits) under subchapter II or XVI of this chapter, the standards of the Commissioner pro- mulgated pursuant to section 1306 of this title or any other Federal law for the use, safeguarding, and disclosure of information are deemed to meet any standards of the State that would oth- erwise apply to the disclosure of information by the State to the Commissioner. (Pub. L. 106–169, title II, § 209, Dec. 14, 1999, 113 Stat. 1842.) Editorial Notes CODIFICATION Section was enacted as part of the Foster Care Inde- pendence Act of 1999, and not as part of the Social Se- curity Act which comprises this chapter. § 1306c. Restriction on access to the Death Mas- ter File (a) In general The Secretary of Commerce shall not disclose to any person information contained on the Death Master File with respect to any deceased individual at any time during the 3-calendar- year period beginning on the date of the individ- ual’s death, unless such person is certified under the program established under subsection (b). (b) Certification program (1) In general The Secretary of Commerce shall establish a program—