307
under this chapter. The Secretary may withhold the amounts until the Sec-
retary finds that the reason for withholding no longer exists and there is
reasonable assurance that it will not recur.
(d) RECORDS.—(1) To evaluate and review assistance provided under this
chapter, the Secretary and the Comptroller General shall have access to a
record related to the assistance that is in the possession, custody, or control
of a State, a political subdivision of a State, or a grantee of a State or polit-
ical subdivision.
(2) A State, political subdivision, or grantee is not required to create or
prepare new records to comply with paragraph (1) of this subsection.
(e) AVAILABILITY OF REPORTS AND AUDITS.—(1) A State shall make
copies of each report and audit required under this section available for
public inspection within the State.
(2) On request, a copy of the annual report required by subsection (a)
of this section shall be provided to any interested public agency. Each such
agency may submit its views on the report to Congress.
§ 13708. Criminal penalties
A person shall be fined under title 18, imprisoned for not more than 5
years, or both, if the person—
(1) knowingly and willfully makes or causes to be made a false state-
ment or misrepresentation of a material fact related to providing assist-
ance or services for which payment may be made by a State from
amounts allotted to the State under this chapter; or
(2) knowing of the occurrence of an event affecting the initial or con-
tinued right to a payment, conceals or does not disclose the event with
an intent to receive payment fraudulently—
(A) in a greater amount than is due; or
(B) when no payment is authorized.
§ 13709. Appropriations
(a) ANNUAL APPROPRIATION.—For the fiscal year ending September 30,
1994, there is appropriated $812,000,000 to carry out this chapter for costs
incurred after September 30, 1989, including United States Government,
State government, and political subdivision administrative costs.
(b) CHANGES IN APPROPRIATED AMOUNTS.—(1) Except as provided in
paragraphs (2) and (3) of this subsection, the amount appropriated for a
fiscal year is decreased by the amount estimated to be expended by the Gov-
ernment in that year (as contained in the annual budget submitted by the
President to Congress for that year) for programs of financial assistance,
medical assistance, and assistance under the Food Stamp Act of 1977 (7
U.S.C. 2011 et seq.) for aliens eligible for assistance under section
308
9310(a)(1) of this title only because of section 9310(a)(3) and (b) of this
title.
(2) The amount estimated under paragraph (1) of this section shall ex-
clude an amount attributable to supplemental security benefits paid under
title XVI of the Social Security Act (42 U.S.C. 1381 et seq.) or medical
assistance provided under a State plan approved under title XIX of the So-
cial Security Act (42 U.S.C. 1396 et seq.) for—
(A) an alien who the Secretary of Health and Human Services de-
cides, based on an application filed before May 5, 1988, for benefits
under section 212 of the Act of July 9, 1973 (42 U.S.C. 1382 (note))
or title XVI, is—
(i) residing permanently in the United States under color of law
as provided in section 1614(a)(1)(B)(ii) of the Social Security Act
(42 U.S.C. 1382c(a)(1)(B)(ii)); and
(ii) eligible to receive the benefits under section 212 or title XVI
for April, 1988; and
(B) as long as the alien continues without interruption to be eligible
to receive the benefits under section 212 or title XVI.
(3) If expenditures by the Government (as described in paragraph (1) of
this subsection) for a fiscal year are more than, or less than, the amount
estimated to be expended for that year under paragraph (1) (considering
any change under this paragraph), the amount described in this section for
the next fiscal year shall be decreased or increased, respectively, by the
amount of the excess or deficit for the prior fiscal year.
CHAPTER 139—REIMBURSEMENT FOR COSTS OF
IMPRISONING CUBAN NATIONALS AND ILLEGAL ALIENS
Sec.
13901.
Payment of costs of imprisoning certain Cuban nationals.
13902.
Reimbursement of costs of imprisoning certain Cuban nationals and illegal aliens.
13903.
Limitation.
§ 13901. Payment of costs of imprisoning certain Cuban na-
tionals
(a) PAYMENTS TO STATES AND COUNTIES.—The Attorney General shall
pay a State or county for costs incurred by the State or county in imprison-
ing, during the fiscal year for which payment is made, a Cuban national
who—
(1) was paroled into the United States in 1980 by the Attorney Gen-
eral;
(2) after being paroled, violated a State or county law for which a
term of imprisonment was imposed; and