[House Report 115-635]
[From the U.S. Government Publishing Office]
115th Congress } { Report
HOUSE OF REPRESENTATIVES
2d Session } { 115-635
======================================================================
SOCIAL SECURITY CHILD PROTECTION ACT OF 2018
_______
April 13, 2018.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Brady of Texas, from the Committee on Ways and Means, submitted the
following
R E P O R T
[To accompany H.R. 1512]
[Including cost estimate of the Congressional Budget Office]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 1512) to amend title II of the Social Security Act
to provide for the reissuance of Social Security account
numbers to young children in cases where confidentiality has
been compromised, having considered the same, report favorably
thereon with an amendment and recommend that the bill as
amended do pass.
CONTENTS
Page
I. SUMMARY AND BACKGROUND............................................2
A. Purpose and Summary................................... 2
B. Background and Need for Legislation................... 2
C. Legislative History................................... 3
II. EXPLANATION OF THE BILL...........................................4
A. Social Security Child Protection Act.................. 4
B. Reissuance of Social Security Account Numbers to Young
Children in Cases Where Confidentiality Has Been
Compromised.......................................... 4
III.VOTES OF THE COMMITTEE............................................5
IV. BUDGET EFFECTS OF THE BILL........................................5
A. Committee Estimate of Budgetary Effects............... 5
B. Statement Regarding New Budget Authority and Tax
Expenditures Budget Authority........................ 5
C. Cost Estimate Prepared by the Congressional Budget
Office............................................... 5
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE........6
A. Committee Oversight Findings and Recommendations...... 6
B. Statement of General Performance Goals and Objectives. 6
C. Information Relating to Unfunded Mandates............. 6
D. Congressional Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits.............................. 6
E. Duplication of Federal Programs....................... 7
F. Disclosure of Directed Rule Makings................... 7
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED.............7
A. Text of Existing Law Amended or Repealed by the Bill,
as Reported.......................................... 7
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Social Security Child Protection Act
of 2018''.
SEC. 2. REISSUANCE OF SOCIAL SECURITY ACCOUNT NUMBERS TO YOUNG CHILDREN
IN CASES WHERE CONFIDENTIALITY HAS BEEN
COMPROMISED.
(a) In General.--Section 205(c)(2)(B) of the Social Security Act (42
U.S.C. 405(c)(2)(B)) is amended--
(1) by redesignating clause (iii) as clause (iv); and
(2) by inserting after clause (ii) the following new clause:
``(iii) In any case in which a Social Security account number has
been issued to a child who has not attained the age of 14 pursuant to
subclause (IV) or (V) of clause (i) and it is demonstrated by evidence,
as determined by the Commissioner of Social Security, and submitted
under penalty of perjury to the Commissioner by a parent or guardian of
the child that in the course of transmission of the social security
card to the child, the confidentiality of such number has been
compromised by reason of theft of such social security card, the
Commissioner shall issue a new Social Security account number to such
child and make note in the records maintained with respect to such
child of the pertinent information received by the Commissioner
regarding the theft of the social security card.''.
(b) Effective Date.--The amendments made by subsection (a) shall take
effect on the date that is 180 days after the date of the enactment of
this Act.
I. SUMMARY AND BACKGROUND
A. Purpose and Summary
H.R. 1512, as reported by the Committee on Ways and Means,
amends Title II of the Social Security Act to direct the
Commissioner of Social Security to issue a new Social Security
number (SSN) to a child under the age of 14 when that child's
parent or guardian has provided sufficient evidence, as
determined by the Commissioner and under penalty of perjury,
that the child's Social Security card has been stolen while
being mailed to his or her address.
B. Background and Need for Legislation
Identity theft is a serious issue affecting tens of
millions of Americans. The Federal Trade Commission, the lead
federal agency on identity theft, reported almost 400,000
complaints of identity theft in 2017, an almost 30 percent
increase from 2013.
The SSN has become an increasingly valuable target for
identity theft due to its widespread use throughout the
financial sector. Children are particularly vulnerable to SSN
theft because they do not work, drive, or establish credit--
thereby extending the time an identity thief can misuse the
child's SSN before being noticed or causing harm.
As required by P.L. 115-59, federal agencies are not
permitted to mail documents containing a full SSN unless
absolutely necessary. In its first annual report required by
P.L. 115-59, the Social Security Administration (SSA) indicated
that it would consider the mailing of a Social Security card to
be necessary.\1\ In fiscal year 2017, the SSA issued
approximately 16.5 million new and replacement Social Security
cards. In calendar year 2017, approximately 8,000 Social
Security cards were re-issued to children under the age of 18,
based on reports that the numberholder did not receive a mailed
Social Security card.
---------------------------------------------------------------------------
\1\First Annual Report On Removing Social Security Numbers from
Mailed Documents P.L. 115-59, Social Security Administration, at page 4
(October 13, 2017).
---------------------------------------------------------------------------
An Inspector General report released on April 2, 2018 found
that approximately 360,000 of the approximately 16.5 million
new and replacement Social Security cards mailed out annually
are returned by the Post Office as undeliverable.\2\ The report
also found that these undeliverable cards were not always
adequately protected at various stages in their handling by
both SSA and Post Office employees.
---------------------------------------------------------------------------
\2\Undeliverable Social Security Number Cards A-15-1750279, Office
of Inspector General, Social Security Administration (April 2, 2018).
---------------------------------------------------------------------------
The SSA will only assign a new SSN in a limited number of
circumstances, including identity theft and abuse or
harassment. In the case of identity theft, current SSA policy
generally requires a person to show both that their SSN has
been misused by a third party and that this misuse has resulted
in harm to the numberholder. Generally, this harm must have
occurred within two years of the application for a new SSN.
The Social Security Child Protection Act (H.R. 1512)
protects children under the age of 14 whose Social Security
cards have been stolen in transit by allowing them to receive a
new SSN without having to wait to be harmed by that SSN's
misuse.
C. Legislative History
Background
H.R. 1512 was introduced on March 13, 2017 as the Social
Security Child Protection Act of 2017 and was referred to the
Committee on Ways and Means. Related legislation has been
introduced in the 111th, 112th, and 114th Congresses.
Committee hearings
On May 23, 2017, the Ways and Means Committee Subcommittee
on Social Security held a joint oversight hearing with the
Oversight and Government Reform Committee Subcommittee on
Information Technology on ``Protecting Americans' Identities:
Examining Efforts to Limit the Use of Social Security
Numbers.'' At the hearing, identity theft was highlighted as
one of the fastest growing crimes. The hearing also highlighted
the danger the theft of an SSN can pose to an individual.
On May 8, 2012, the Ways and Means Committee Subcommittee
on Social Security and the Subcommittee on Oversight held a
joint oversight hearing on ``Identity Theft and Tax Fraud.''
Among the topics discussed were the dangers of the theft of
SSNs, including those of children, and the dangers of mail
being delivered incorrectly.
On September 1, 2011, the Ways and Means Committee
Subcommittee on Social Security held a field hearing in Plano,
TX on ``Social Security Numbers and Child Identity Theft.'' At
the hearing, witnesses discussed the impacts of child identity
theft, the role of SSNs in identity theft, and options to
better safeguard SSNs.
Committee action
The Committee on Ways and Means marked up H.R. 1512,
retitled the Social Security Child Protection Act of 2018, on
April 11, 2018, and ordered the bill, as amended, favorably
reported (with a quorum being present).
II. EXPLANATION OF THE BILL
A. Social Security Child Protection Act of 2018 (Sec. 1 of
the Bill)
PRESENT LAW
No provision.
REASON FOR CHANGE
The Committee believes that the short title reflects the
policy and intent included in the legislation.
EXPLANATION OF PROVISION
This section contains the short title of the bill, the
``Social Security Child Protection Act of 2018.''
EFFECTIVE DATE
The provision is effective on the date of enactment.
B. Reissuance of Social Security Account Numbers to Young Children in
Cases Where Confidentiality Has Been Compromised (Sec. 2 of the Bill)
PRESENT LAW
Current law does not require the SSA to issue, or prohibit
the SSA from issuing, a new SSN to a current numberholder.
However, before the SSA will issue a new SSN, current SSA
policy requires a numberholder to not only show that his or her
SSN has been misused by a third party, but also that this
misuse caused actual harm or disadvantage.
REASON FOR CHANGE
Children are particularly vulnerable to SSN theft because
they do not work, drive, or establish credit--thereby extending
the time an identity thief can misuse the child's SSN before
being noticed or causing harm. In the case of identity theft,
current SSA policy generally requires a person to show both
that their SSN has been misused by a third party and that this
misuse has resulted in harm to the numberholder. This harm is
generally required to have occurred within two years of
applying for a new SSN. It is the view of the Committee that if
a child's Social Security card has been stolen, that child
should not have to wait to be harmed by the misuse of that SSN
before a new SSN can be issued.
EXPLANATION OF PROVISION
This section requires the Commissioner of Social Security
to issue a new SSN to a child under the age of 14 when that
child's parent or guardian has provided sufficient evidence, as
determined by the Commissioner and under penalty of perjury,
that the child's Social Security card has been stolen while
being transmitted to the child.
EFFECTIVE DATE
The provision is effective 180 days following the date of
enactment.
III. VOTES OF THE COMMITTEE
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the vote of the Committee on Ways and Means in its
consideration of H.R. 1512, a bill to amend title II of the
Social Security Act to provide for the reissuance of Social
Security account numbers to young children in cases where
confidentiality has been compromised, on April 11, 2018.
The Chairman's amendment in the nature of a substitute was
adopted by a voice vote (with a quorum being present).
The bill, H.R. 1512, was ordered favorably reported as
amended by voice vote (with a quorum being present).
IV. BUDGET EFFECTS OF THE BILL
A. Committee Estimate of Budgetary Effects
In compliance with clause 3(d) of rule XIII of the Rules of
the House of Representatives, the following statement is made
concerning the effects on the budget of the bill, H.R. 1512, as
reported. The Committee agrees with the estimate prepared by
the Congressional Budget Office (CBO), which is included below.
B. Statement Regarding New Budget Authority and Tax Expenditures Budget
Authority
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
bill involves no new or increased budget authority. The
Committee states further that the bill involves no new or
increased tax expenditures.
C. Cost Estimate Prepared by the Congressional Budget Office
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, requiring a cost estimate
prepared by the CBO, the following statement by CBO is
provided.
U.S. Congress,
Congressional Budget Office,
Washington, DC, April 12, 2018.
Hon. Kevin Brady,
Chairman, Committee on Ways and Means,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 1512, the Social
Security Child Protection Act of 2018.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Emily Stern.
Sincerely,
Keith Hall,
Director.
Enclosure.
H.R. 1512--Social Security Child Protection Act of 2018
H.R. 1512 would require the Social Security Administration
(SSA) to issue a new Social Security number to any child under
the age of 14 whose card is stolen during transmission.
Using information from SSA, CBO estimates that because such
incidents are rare, the costs of implementing the bill would be
less than $500,000 each year; such spending would be subject to
the availability of appropriated funds.
Enacting H.R. 1512 would not affect direct spending or
revenues; therefore, pay-as-you-go procedures do not apply.
CBO estimates that enacting H.R. 1512 would not increase
net direct spending or on-budget deficits in any of the four
consecutive 10-year periods beginning in 2029.
H.R. 1512 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act.
The CBO staff contact for this estimate is Emily Stern. The
estimate was reviewed by H. Samuel Papenfuss, Deputy Assistant
Director for Budget Analysis.
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee made findings and
recommendations that are reflected in this report.
B. Statement of General Performance Goals and Objectives
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
bill does not authorize funding, so no statement of general
performance goals and objectives is required.
C. Information Relating to Unfunded Mandates
This information is provided in accordance with section 423
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
The Committee has determined that the bill does not contain
Federal mandates on the private sector. The Committee has
determined that the bill does not impose a Federal
intergovernmental mandate on State, local, or tribal
governments.
D. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the bill, and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
E. Duplication of Federal Programs
In compliance with clause 3(c)(5) of rule XIII of the Rules
of the House of Representatives, the Committee states that no
provision of the bill establishes or reauthorizes: (1) a
program of the Federal Government known to be duplicative of
another Federal program; (2) a program included in any report
from the Government Accountability Office to Congress pursuant
to section 21 of Public Law 111-139; or (3) a program related
to a program identified in the most recent Catalog of Federal
Domestic Assistance, published pursuant to the Federal Program
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No.
98-169).
F. Disclosure of Directed Rule Makings
In compliance with Sec. 3(i) of H. Res. 5 (115th Congress),
the following statement is made concerning directed rule
makings: The Committee advises that the bill requires no
directed rulemakings within the meaning of such section.
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
A. Text of Existing Law Amended or Repealed by the Bill, as Reported
In compliance with clause 3(e)(1)(A) of rule XIII of the
Rules of the House of Representatives, the text of each section
proposed to be repealed by the bill, as reported, is shown
below:
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italic, and existing law in which no
change is proposed is shown in roman):
SOCIAL SECURITY ACT
TITLE II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE BENEFITS
* * * * * * *
evidence, procedure, and certification for payment
Sec. 205. (a) The Commissioner of Social Security shall have
full power and authority to make rules and regulations and to
establish procedures, not inconsistent with the provisions of
this title, which are necessary or appropriate to carry out
such provisions, and shall adopt reasonable and proper rules
and regulations to regulate and provide for the nature and
extent of the proofs and evidence and the method of taking and
furnishing the same in order to establish the right to benefits
hereunder.
(b)(1) The Commissioner of Social Security is directed to
make findings of fact, and decisions as to the rights of any
individual applying for a payment under this title. Any such
decision by the Commissioner of Social Security which involves
a determination of disability and which is in whole or in part
unfavorable to such individual shall contain a statement of the
case, in understandable language, setting forth a discussion of
the evidence, and stating the Commissioner's determination and
the reason or reasons upon which it is based. Upon request by
any such individual or upon request by a wife, divorced wife,
widow, surviving divorced wife, surviving divorced mother,
surviving divorced father, husband, divorced husband, widower,
surviving divorced husband, child, or parent who makes a
showing in writing that his or her rights may be prejudiced by
any decision the Commissioner of Social Security has rendered,
the Commissioner shall give such applicant and such other
individual reasonable notice and opportunity for a hearing with
respect to such decision, and, if a hearing is held, shall, on
the basis of evidence adduced at the hearing, affirm, modify,
or reverse the Commissioner's findings of fact and such
decision. Any such request with respect to such a decision must
be filed within sixty days after notice of such decision is
received by the individual making such request. The
Commissioner of Social Security is further authorized, on the
Commissioner's own motion, to hold such hearings and to conduct
such investigations and other proceedings as the Commissioner
may deem necessary or proper for the administration of this
title. In the course of any hearing, investigation, or other
proceeding, the Commissioner may administer oaths and
affirmations, examine witnesses, and receive evidence. Evidence
may be received at any hearing before the Commissioner of
Social Security even though inadmissible under rules of
evidence applicable to court procedure.
(2) In any case where--
(A) an individual is a recipient of disability
insurance benefits, or of child's, widow's, or
widower's insurance benefits based on disability,
(B) the physical or mental impairment on the basis of
which such benefits are payable is found to have
ceased, not to have existed, or to no longer be
disabling, and
(C) as a consequence of the finding described in
subparagraph (B), such individual is determined by the
Commissioner of Social Security not to be entitled to
such benefits,
any reconsideration of the finding described in subparagraph
(B), in connection with a reconsideration by the Commissioner
of Social Security (before any hearing under paragraph (1) on
the issue of such entitlement) of the Commissioner's
determination described in subparagraph (C), shall be made only
after opportunity for an evidentiary hearing, with regard to
the finding described in subparagraph (B), which is reasonably
accessible to such individual. Any reconsideration of a finding
described in subparagraph (B) may be made either by the State
agency or the Commissioner of Social Security where the finding
was originally made by the State agency, and shall be made by
the Commissioner of Social Security where the finding was
originally made by the Commissioner of Social Security. In the
case of a reconsideration by a State agency of a finding
described in subparagraph (B) which was originally made by such
State agency, the evidentiary hearing shall be held by an
adjudicatory unit of the State agency other than the unit that
made the finding described in subparagraph (B). In the case of
a reconsideration by the Commissioner of Social Security of a
finding described in subparagraph (B) which was originally made
by the Commissioner of Social Security, the evidentiary hearing
shall be held by a person other than the person or persons who
made the finding described in subparagraph (B).
(3)(A) A failure to timely request review of an initial
adverse determination with respect to an application for any
benefit under this title or an adverse determination on
reconsideration of such an initial determination shall not
serve as a basis for denial of a subsequent application for any
benefit under this title if the applicant demonstrates that the
applicant, or any other individual referred to in paragraph
(1), failed to so request such a review acting in good faith
reliance upon incorrect, incomplete, or misleading information,
relating to the consequences of reapplying for benefits in lieu
of seeking review of an adverse determination, provided by any
officer or employee of the Social Security Administration or
any State agency acting under section 221.
(B) In any notice of an adverse determination with respect to
which a review may be requested under paragraph (1), the
Commissioner of Social Security shall describe in clear and
specific language the effect on possible entitlement to
benefits under this title of choosing to reapply in lieu of
requesting review of the determination.
(c)(1) For the purposes of this subsection--
(A) The term ``year'' means a calendar year when used
with respect to wages and a taxable year when used with
respect to self-employment income.
(B) The term ``time limitation'' means a period of
three years, three months, and fifteen days.
(C) The term ``survivor'' means an individual's
spouse, surviving divorced wife, surviving divorced
husband, surviving divorced mother, surviving divorced
father, child, or parent, who survives such individual.
(D) The term ``period'' when used with respect to
self-employment income means a taxable year and when
used with respect to wages means--
(i) a quarter if wages were reported or
should have been reported on a quarterly basis
on tax returns filed with the Secretary of the
Treasury or his delegate under section 6011 of
the Internal Revenue Code of 1986 or
regulations thereunder (or on reports filed by
a State under section 218(e) (as in effect
prior to December 31, 1986) or regulations
thereunder),
(ii) a year if wages were reported or should
have been reported on a yearly basis on such
tax returns or reports, or
(iii) the half year beginning January 1 or
July 1 in the case of wages which were reported
or should have been reported for calendar year
1937.
(2)(A) On the basis of information obtained by or submitted
to the Commissioner of Social Security, and after such
verification thereof as the Commissioner deems necessary, the
Commissioner of Social Security shall establish and maintain
records of the amounts of wages paid to, and the amounts of
self-employment income derived by, each individual and of the
periods in which such wages were paid and such income was
derived and, upon request, shall inform any individual or his
survivor, or the legal representative of such individual or his
estate, of the amounts of wages and self-employment income of
such individual and the periods during which such wages were
paid and such income was derived, as shown by such records at
the time of such request.
(B)(i) In carrying out the Commissioner's duties under
subparagraph (A) and subparagraph (F), the Commissioner of
Social Security shall take affirmative measures to assure that
social security account numbers will, to the maximum extent
practicable, be assigned to all members of appropriate groups
or categories of individuals by assigning such numbers (or
ascertaining that such numbers have already been assigned):
(I) to aliens at the time of their lawful admission
to the United States either for permanent residence or
under other authority of law permitting them to engage
in employment in the United States and to other aliens
at such time as their status is so changed as to make
it lawful for them to engage in such employment;
(II) to any individual who is an applicant for or
recipient of benefits under any program financed in
whole or in part from Federal funds including any child
on whose behalf such benefits are claimed by another
person; and
(III) to any other individual when it appears that he
could have been but was not assigned an account number
under the provisions of subclauses (I) or (II) but only
after such investigation as is necessary to establish
to the satisfaction of the Commissioner of Social
Security, the identity of such individual, the fact
that an account number has not already been assigned to
such individual, and the fact that such individual is a
citizen or a noncitizen who is not, because of his
alien status, prohibited from engaging in employment;
and, in carrying out such duties, the Commissioner of Social
Security is authorized to take affirmative measures to assure
the issuance of social security numbers:
(IV) to or on behalf of children who are below school
age at the request of their parents or guardians; and
(V) to children of school age at the time of their
first enrollment in school.
(ii) The Commissioner of Social Security shall require of
applicants for social security account numbers such evidence as
may be necessary to establish the age, citizenship, or alien
status, and true identity of such applicants, and to determine
which (if any) social security account number has previously
been assigned to such individual. With respect to an
application for a social security account number for an
individual who has not attained the age of 18 before such
application, such evidence shall include the information
described in subparagraph (C)(ii).
(iii) In any case in which a Social Security account number
has been issued to a child who has not attained the age of 14
pursuant to subclause (IV) or (V) of clause (i) and it is
demonstrated by evidence, as determined by the Commissioner of
Social Security, and submitted under penalty of perjury to the
Commissioner by a parent or guardian of the child that in the
course of transmission of the social security card to the
child, the confidentiality of such number has been compromised
by reason of theft of such social security card, the
Commissioner shall issue a new Social Security account number
to such child and make note in the records maintained with
respect to such child of the pertinent information received by
the Commissioner regarding the theft of the social security
card.
[(iii)] (iv) In carrying out the requirements of this
subparagraph, the Commissioner of Social Security shall enter
into such agreements as may be necessary with the Attorney
General and other officials and with State and local welfare
agencies and school authorities (including nonpublic school
authorities).
(C)(i) It is the policy of the United States that any State
(or political subdivision thereof) may, in the administration
of any tax, general public assistance, driver's license, or
motor vehicle registration law within its jurisdiction, utilize
the social security account numbers issued by the Commissioner
of Social Security for the purpose of establishing the
identification of individuals affected by such law, and may
require any individual who is or appears to be so affected to
furnish to such State (or political subdivision thereof) or any
agency thereof having administrative responsibility for the law
involved, the social security account number (or numbers, if he
has more than one such number) issued to him by the
Commissioner of Social Security.
(ii) In the administration of any law involving the issuance
of a birth certificate, each State shall require each parent to
furnish to such State (or political subdivision thereof) or any
agency thereof having administrative responsibility for the law
involved, the social security account number (or numbers, if
the parent has more than one such number) issued to the parent
unless the State (in accordance with regulations prescribed by
the Commissioner of Social Security) finds good cause for not
requiring the furnishing of such number. The State shall make
numbers furnished under this subclause available to the
Commissioner of Social Security and the agency administering
the State's plan under part D of title IV in accordance with
Federal or State law and regulation. Such numbers shall not be
recorded on the birth certificate. A State shall not use any
social security account number, obtained with respect to the
issuance by the State of a birth certificate, for any purpose
other than for the enforcement of child support orders in
effect in the State, unless section 7(a) of the Privacy Act of
1974 does not prohibit the State from requiring the disclosure
of such number, by reason of the State having adopted, before
January 1, 1975, a statute or regulation requiring such
disclosure.
(iii)(I) In the administration of section 9 of the Food and
Nutrition Act of 2008 (7 U.S.C. 2018) involving the
determination of the qualifications of applicants under such
Act, the Secretary of Agriculture may require each applicant
retail store or wholesale food concern to furnish to the
Secretary of Agriculture the social security account number of
each individual who is an officer of the store or concern and,
in the case of a privately owned applicant, furnish the social
security account numbers of the owners of such applicant. No
officer or employee of the Department of Agriculture shall have
access to any such number for any purpose other than the
establishment and maintenance of a list of the names and social
security account numbers of such individuals for use in
determining those applicants who have been previously
sanctioned or convicted under section 12 or 15 of such Act (7
U.S.C. 2021 or 2024).
(II) The Secretary of Agriculture may share any information
contained in any list referred to in subclause (I) with any
other agency or instrumentality of the United States which
otherwise has access to social security account numbers in
accordance with this subsection or other applicable Federal
law, except that the Secretary of Agriculture may share such
information only to the extent that such Secretary determines
such sharing would assist in verifying and matching such
information against information maintained by such other agency
or instrumentality. Any such information shared pursuant to
this subclause may be used by such other agency or
instrumentality only for the purpose of effective
administration and enforcement of the Food and Nutrition Act of
2008 or for the purpose of investigation of violations of other
Federal laws or enforcement of such laws.
(III) The Secretary of Agriculture, and the head of any other
agency or instrumentality referred to in this subclause, shall
restrict, to the satisfaction of the Commissioner of Social
Security, access to social security account numbers obtained
pursuant to this clause only to officers and employees of the
United States whose duties or responsibilities require access
for the purposes described in subclause (II).
(IV) The Secretary of Agriculture, and the head of any agency
or instrumentality with which information is shared pursuant to
clause (II), shall provide such other safeguards as the
Commissioner of Social Security determines to be necessary or
appropriate to protect the confidentiality of the social
security account numbers.
(iv) In the administration of section 506 of the Federal Crop
Insurance Act, the Federal Crop Insurance Corporation may
require each policyholder and each reinsured company to furnish
to the insurer or to the Corporation the social security
account number of such policyholder, subject to the
requirements of this clause. No officer or employee of the
Federal Crop Insurance Corporation shall have access to any
such number for any purpose other than the establishment of a
system of records necessary for the effective administration of
such Act. The Manager of the Corporation may require each
policyholder to provide to the Manager, at such times and in
such manner as prescribed by the Manager, the social security
account number of each individual that holds or acquires a
substantial beneficial interest in the policyholder. For
purposes of this clause, the term ``substantial beneficial
interest'' means not less than 5 percent of all beneficial
interest in the policyholder. The Secretary of Agriculture
shall restrict, to the satisfaction of the Commissioner of
Social Security, access to social security account numbers
obtained pursuant to this clause only to officers and employees
of the United States or authorized persons whose duties or
responsibilities require access for the administration of the
Federal Crop Insurance Act. The Secretary of Agriculture shall
provide such other safeguards as the Commissioner of Social
Security determines to be necessary or appropriate to protect
the confidentiality of such social security account numbers.
For purposes of this clause the term ``authorized person''
means an officer or employee of an insurer whom the Manager of
the Corporation designates by rule, subject to appropriate
safeguards including a prohibition against the release of such
social security account number (other than to the Corporation)
by such person.
(v) If and to the extent that any provision of Federal law
heretofore enacted is inconsistent with the policy set forth in
clause (i), such provision shall, on and after the date of the
enactment of this subparagraph, be null, void, and of no
effect. If and to the extent that any such provision is
inconsistent with the requirement set forth in clause (ii),
such provision shall, on and after the date of the enactment of
such subclause, be null, void, and of no effect.
(vi)(I) For purposes of clause (i) of this subparagraph, an
agency of a State (or political subdivision thereof) charged
with the administration of any general public assistance,
driver's license, or motor vehicle registration law which did
not use the social security account number for identification
under a law or regulation adopted before January 1, 1975, may
require an individual to disclose his or her social security
number to such agency solely for the purpose of administering
the laws referred to in clause (i) above and for the purpose of
responding to requests for information from an agency
administering a program funded under part A of title IV or an
agency operating pursuant to the provisions of part D of such
title.
(II) Any State or political subdivision thereof (and any
person acting as an agent of such an agency or
instrumentality), in the administration of any driver's license
or motor vehicle registration law within its jurisdiction, may
not display a social security account number issued by the
Commissioner of Social Security (or any derivative of such
number) on any driver's license, motor vehicle registration, or
personal identification card (as defined in section 7212(a)(2)
of the 9/11 Commission Implementation Act of 2004), or include,
on any such license, registration, or personal identification
card, a magnetic strip, bar code, or other means of
communication which conveys such number (or derivative
thereof).
(vii) For purposes of this subparagraph, the term ``State''
includes the District of Columbia, the Commonwealth of Puerto
Rico, the Virgin Islands, Guam, the Commonwealth of the
Northern Marianas, and the Trust Territory of the Pacific
Islands.
(viii)(I) Social security account numbers and related records
that are obtained or maintained by authorized persons pursuant
to any provision of law enacted on or after October 1, 1990,
shall be confidential, and no authorized person shall disclose
any such social security account number or related record.
(II) Paragraphs (1), (2), and (3) of section 7213(a) of the
Internal Revenue Code of 1986 shall apply with respect to the
unauthorized willful disclosure to any person of social
security account numbers and related records obtained or
maintained by an authorized person pursuant to a provision of
law enacted on or after October 1, 1990, in the same manner and
to the same extent as such paragraphs apply with respect to
unauthorized disclosures of return and return information
described in such paragraphs. Paragraph (4) of section 7213(a)
of such Code shall apply with respect to the willful offer of
any item of material value in exchange for any such social
security account number or related record in the same manner
and to the same extent as such paragraph applies with respect
to offers (in exchange for any return or return information)
described in such paragraph.
(III) For purposes of this clause, the term ``authorized
person'' means an officer or employee of the United States, an
officer or employee of any State, political subdivision of a
State, or agency of a State or political subdivision of a
State, and any other person (or officer or employee thereof),
who has or had access to social security account numbers or
related records pursuant to any provision of law enacted on or
after October 1, 1990. For purposes of this subclause, the term
``officer or employee'' includes a former officer or employee.
(IV) For purposes of this clause, the term ``related record''
means any record, list, or compilation that indicates, directly
or indirectly, the identity of any individual with respect to
whom a social security account number or a request for a social
security account number is maintained pursuant to this clause.
(ix) In the administration of the provisions of chapter 81 of
title 5, United States Code, and the Longshore and Harbor
Workers' Compensation Act (33 U.S.C. 901 et seq.), the
Secretary of Labor may require by regulation that any person
filing a notice of injury or a claim for benefits under such
provisions provide as part of such notice or claim such
person's social security account number, subject to the
requirements of this clause. No officer or employee of the
Department of Labor shall have access to any such number for
any purpose other than the establishment of a system of records
necessary for the effective administration of such provisions.
The Secretary of Labor shall restrict, to the satisfaction of
the Commissioner of Social Security, access to social security
account numbers obtained pursuant to this clause to officers
and employees of the United States whose duties or
responsibilities require access for the administration or
enforcement of such provisions. The Secretary of Labor shall
provide such other safeguards as the Commissioner of Social
Security determines to be necessary or appropriate to protect
the confidentiality of the social security account numbers.
(x) The Secretary of Health and Human Services, and the
Exchanges established under section 1311 of the Patient
Protection and Affordable Care Act, are authorized to collect
and use the names and social security account numbers of
individuals as required to administer the provisions of, and
the amendments made by, the such Act.
(xi) No Federal, State, or local agency may display the
Social Security account number of any individual, or any
derivative of such number, on any check issued for any payment
by the Federal, State, or local agency.
(xii) No Federal, State, or local agency may employ, or enter
into a contract for the use or employment of, prisoners in any
capacity that would allow such prisoners access to the Social
Security account numbers of other individuals. For purposes of
this clause, the term ``prisoner'' means an individual confined
in a jail, prison, or other penal institution or correctional
facility pursuant to such individual's conviction of a criminal
offense.
(xiii) The Secretary of Health and Human Services, in
consultation with the Commissioner of Social Security, shall
establish cost-effective procedures to ensure that a Social
Security account number (or derivative thereof) is not
displayed, coded, or embedded on the Medicare card issued to an
individual who is entitled to benefits under part A of title
XVIII or enrolled under part B of title XVIII and that any
other identifier displayed on such card is not identifiable as
a Social Security account number (or derivative thereof).
(D)(i) It is the policy of the United States that--
(I) any State (or any political subdivision of a
State) and any authorized blood donation facility may
utilize the social security account numbers issued by
the Commissioner of Social Security for the purpose of
identifying blood donors, and
(II) any State (or political subdivision of a State)
may require any individual who donates blood within
such State (or political subdivision) to furnish to
such State (or political subdivision), to any agency
thereof having related administrative responsibility,
or to any authorized blood donation facility the social
security account number (or numbers, if the donor has
more than one such number) issued to the donor by the
Commissioner of Social Security.
(ii) If and to the extent that any provision of Federal law
enacted before the date of the enactment of this subparagraph
is inconsistent with the policy set forth in clause (i), such
provision shall, on and after such date, be null, void, and of
no effect.
(iii) For purposes of this subparagraph--
(I) the term ``authorized blood donation facility''
means an entity described in section 1141(h)(1)(B), and
(II) the term ``State'' includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin
Islands, Guam, the Commonwealth of the Northern
Marianas, and the Trust Territory of the Pacific
Islands.
(E)(i) It is the policy of the United States that--
(I) any State (or any political subdivision of a
State) may utilize the social security account numbers
issued by the Commissioner of Social Security for the
additional purposes described in clause (ii) if such
numbers have been collected and are otherwise utilized
by such State (or political subdivision) in accordance
with applicable law, and
(II) any district court of the United States may use,
for such additional purposes, any such social security
account numbers which have been so collected and are so
utilized by any State.
(ii) The additional purposes described in this clause are the
following:
(I) Identifying duplicate names of individuals on
master lists used for jury selection purposes.
(II) Identifying on such master lists those
individuals who are ineligible to serve on a jury by
reason of their conviction of a felony.
(iii) To the extent that any provision of Federal law enacted
before the date of the enactment of this subparagraph is
inconsistent with the policy set forth in clause (i), such
provision shall, on and after that date, be null, void, and of
no effect.
(iv) For purposes of this subparagraph, the term ``State''
has the meaning such term has in subparagraph (D).
(F) The Commissioner of Social Security shall require, as a
condition for receipt of benefits under this title, that an
individual furnish satisfactory proof of a social security
account number assigned to such individual by the Commissioner
of Social Security or, in the case of an individual to whom no
such number has been assigned, that such individual make proper
application for assignment of such a number.
(G) The Commissioner of Social Security shall issue a social
security card to each individual at the time of the issuance of
a social security account number to such individual. The social
security card shall be made of banknote paper, and (to the
maximum extent practicable) shall be a card which cannot be
counterfeited.
(H) The Commissioner of Social Security shall share with the
Secretary of the Treasury the information obtained by the
Commissioner pursuant to the second sentence of subparagraph
(B)(ii) and to subparagraph (C)(ii) for the purpose of
administering those sections of the Internal Revenue Code of
1986 which grant tax benefits based on support or residence of
children.
(3) The Commissioner's record shall be evidence for the
purpose of proceedings before the Commissioner of Social
Security or any court of the amounts of wages paid to, and
self-employment income derived by, an individual and of the
periods in which such wages were paid and such income was
derived. The absence of an entry in such records as to wages
alleged to have been paid to, or as to self-employment income
alleged to have been derived by, an individual in any period
shall be evidence that no such alleged wages were paid to, or
that no such alleged income was derived by, such individual
during such period.
(4) Prior to the expiration of the time limitation following
any year the Commissioner of Social Security may, if it is
brought to the Commissioner's attention that any entry of wages
or self-employment income in the Commissioner's records for
such year is erroneous or that any item of wages or self-
employment income for such year has been omitted from such
records, correct such entry or include such omitted item in his
records, as the case may be. After the expiration of the time
limitation following any year--
(A) the Commissioner's records (with changes, if any,
made pursuant to paragraph (5)) of the amounts of wages
paid to, and self-employment income derived by, an
individual during any period in such year shall be
conclusive for the purposes of this title;
(B) the absence of an entry in the Commissioner's
records as to the wages alleged to have been paid by an
employer to an individual during any period in such
year shall be presumptive evidence for the purposes of
this title that no such alleged wages were paid to such
individual in such period; and
(C) the absence of an entry in the Commissioner's
records as to the self-employment income alleged to
have been derived by an individual in such year shall
be conclusive for the purposes of this title that no
such alleged self-employment income was derived by such
individual in such year unless it is shown that he
filed a tax return of his self-employment income for
such year before the expiration of the time limitation
following such year, in which case the Commissioner of
Social Security shall include in the Commissioner's
records the self-employment income of such individual
for such year.
(5) After the expiration of the time limitation following any
year in which wages were paid or alleged to have been paid to,
or self-employment income was derived or alleged to have been
derived by, an individual, the Commissioner of Social Security
may change or delete any entry with respect to wages or self-
employment income in the Commissioner's records of such year
for such individual or include in the Commissioner's records of
such year for such individual any omitted item of wages or
self-employment income but only--
(A) if an application for monthly benefits or for a
lump-sum death payment was filed within the time
limitation following such year; except that no such
change, deletion, or inclusion may be made pursuant to
this subparagraph after a final decision upon the
application for monthly benefits or lump-sum death
payment;
(B) if within the time limitation following such year
an individual or his survivor makes a request for a
change or deletion, or for an inclusion of an omitted
item, and alleges in writing that the Commissioner's
records of the wages paid to, or the self-employment
income derived by, such individual in such year are in
one or more respects erroneous; except that no such
change, deletion, or inclusion may be made pursuant to
this subparagraph after a final decision upon such
request. Written notice of the Commissioner's decision
on any such request shall be given to the individual
who made the request;
(C) to correct errors apparent on the face of such
records;
(D) to transfer items to records of the Railroad
Retirement Board if such items were credited under this
title when they should have been credited under the
Railroad Retirement Act of 1937 or 1974, or to enter
items transferred by the Railroad Retirement Board
which have been credited under the Railroad Retirement
Act of 1937 or 1974 when they should have been credited
under this title;
(E) to delete or reduce the amount of any entry which
is erroneous as a result of fraud;
(F) to conform the Commissioner's records to--
(i) tax returns or portions thereof
(including information returns and other
written statements) filed with the Commissioner
of Internal Revenue under title VIII of the
Social Security Act, under subchapter E of
chapter 1 or subchapter A of chapter 9 of the
Internal Revenue Code of 1939, under chapter 2
or 21 of the Internal Revenue Code of 1954 or
the Internal Revenue Code of 1986, or under
regulations made under authority of such title,
subchapter, or chapter;
(ii) wage reports filed by a State pursuant
to an agreement under section 218 or
regulations of the Commissioner of Social
Security thereunder; or
(iii) assessments of amounts due under an
agreement pursuant to section 218 (as in effect
prior to December 31, 1986), if such
assessments are made within the period
specified in subsection (q) of such section (as
so in effect), or allowances of credits or
refunds of overpayments by a State under an
agreement pursuant to such section;
except that no amount of self-employment income of an
individual for any taxable year (if such return or
statement was filed after the expiration of the time
limitation following the taxable year) shall be
included in the Commissioner's records pursuant to this
subparagraph;
(G) to correct errors made in the allocation, to
individuals or periods, of wages or self-employment
income entered in the records of the Commissioner of
Social Security;
(H) to include wages paid during any period in such
year to an individual by an employer;
(I) to enter items which constitute remuneration for
employment under subsection (o), such entries to be in
accordance with certified reports of records made by
the Railroad Retirement Board pursuant to section
5(k)(3) of the Railroad Retirement Act of 1937 or
section 7(b)(7) of the Railroad Retirement Act of 1974;
or
(J) to include self-employment income for any taxable
year, up to, but not in excess of, the amount of wages
deleted by the Commissioner of Social Security as
payments erroneously included in such records as wages
paid to such individual, if such income (or net
earnings from self-employment), not already included in
such records as self-employment income, is included in
a return or statement (referred to in subparagraph (F))
filed before the expiration of the time limitation
following the taxable year in which such deletion of
wages is made.
(6) Written notice of any deletion or reduction under
paragraph (4) or (5) shall be given to the individual whose
record is involved or to his survivor, except that (A) in the
case of a deletion or reduction with respect to any entry of
wages such notice shall be given to such individual only if he
has previously been notified by the Commissioner of Social
Security of the amount of his wages for the period involved,
and (B) such notice shall be given to such survivor only if he
or the individual whose record is involved has previously been
notified by the Commissioner of Social Security of the amount
of such individual's wages and self-employment income for the
period involved.
(7) Upon request in writing (within such period, after any
change or refusal of a request for a change of the
Commissioner's records pursuant to this subsection, as the
Commissioner of Social Security may prescribe), opportunity for
hearing with respect to such change or refusal shall be
afforded to any individual or his survivor. If a hearing is
held pursuant to this paragraph the Commissioner of Social
Security shall make findings of fact and a decision based upon
the evidence adduced at such hearing and shall include any
omitted items, or change or delete any entry, in the
Commissioner's records as may be required by such findings and
decision.
(8) A translation into English by a third party of a
statement made in a foreign language by an applicant for or
beneficiary of monthly insurance benefits under this title
shall not be regarded as reliable for any purpose under this
title unless the third party, under penalty or perjury--
(A) certifies that the translation is accurate; and
(B) discloses the nature and scope of the
relationship between the third party and the applicant
or recipient, as the case may be.
(9) Decisions of the Commissioner of Social Security under
this subsection shall be reviewable by commencing a civil
action in the United States district court as provided in
subsection (g).
(d) For the purpose of any hearing, investigation, or other
proceeding authorized or directed under this title, or relative
to any other matter within the Commissioner's jurisdiction
hereunder, the Commissioner of Social Security shall have power
to issue subpenas requiring the attendance and testimony of
witnesses and the production of any evidence that relates to
any matter under investigation or in question before the
Commissioner of Social Security. Such attendance of witnesses
and production of evidence at the designated place of such
hearing, investigation, or other proceeding may be required
from any place in the United States or in any Territory or
possession thereof. Subpenas of the Commissioner of Social
Security shall be served by anyone authorized by the
Commissioner (1) by delivering a copy thereof to the individual
named therein, or (2) by registered mail or by certified mail
addressed to such individual at his last dwelling place or
principal place of business. A verified return by the
individual so serving the subpena setting forth the manner of
service, or, in the case of service by registered mail or by
certified mail, the return post-office receipt therefor signed
by the individual so served, shall be proof of service.
Witnesses so subpenaed shall be paid the same fees and mileage
as are paid witnesses in the district courts of the United
States.
(e) In case of contumacy by, or refusal to obey a subpena
duly served upon, any person, any district court of the United
States for the judicial district in which said person charged
with contumacy or refusal to obey is found or resides or
transacts business, upon application by the Commissioner of
Social Security, shall have jurisdiction to issue an order
requiring such person to appear and give testimony, or to
appear and produce evidence, or both; any failure to obey such
order of the court may be punished by said court as contempt
thereof.
(g) Any individual, after any final decision of the
Commissioner of Social Security made after a hearing to which
he was a party, irrespective of the amount in controversy, may
obtain a review of such decision by a civil action commenced
within sixty days after the mailing to him of notice of such
decision or within such further time as the Commissioner of
Social Security may allow. Such action shall be brought in the
district court of the United States for the judicial district
in which the plaintiff resides, or has his principal place of
business, or, if he does not reside or have his principal place
of business within any such judicial district, in the United
States District Court for the District of Columbia. As part of
the Commissioner's answer the Commissioner of Social Security
shall file a certified copy of the transcript of the record
including the evidence upon which the findings and decision
complained of are based. The court shall have power to enter,
upon the pleadings and transcript of the record, a judgment
affirming, modifying, or reversing the decision of the
Commissioner of Social Security, with or without remanding the
cause for a rehearing. The findings of the Commissioner of
Social Security as to any fact, if supported by substantial
evidence, shall be conclusive, and where a claim has been
denied by the Commissioner of Social Security or a decision is
rendered under subsection (b) hereof which is adverse to an
individual who was a party to the hearing before the
Commissioner of Social Security, because of failure of the
claimant or such individual to submit proof in conformity with
any regulation prescribed under subsection (a) hereof, the
court shall review only the question of conformity with such
regulations and the validity of such regulations. The court
may, on motion of the Commissioner of Social Security made for
good cause shown before the Commissioner files the
Commissioner's answer, remand the case to the Commissioner of
Social Security for further action by the Commissioner of
Social Security, and it may at any time order additional
evidence to be taken before the Commissioner of Social
Security, but only upon a showing that there is new evidence
which is material and that there is good cause for the failure
to incorporate such evidence into the record in a prior
proceeding; and the Commissioner of Social Security shall,
after the case is remanded, and after hearing such additional
evidence if so ordered, modify or affirm the Commissioner's
findings of fact or the Commissioner's decision, or both, and
shall file with the court any such additional and modified
findings of fact and decision, and, in any case in which the
Commissioner has not made a decision fully favorable to the
individual, a transcript of the additional record and testimony
upon which the Commissioner's action in modifying or affirming
was based. Such additional or modified findings of fact and
decision shall be reviewable only to the extent provided for
review of the original findings of fact and decision. The
judgment of the court shall be final except that it shall be
subject to review in the same manner as a judgment in other
civil actions. Any action instituted in accordance with this
subsection shall survive notwithstanding any change in the
person occupying the office of Commissioner of Social Security
or any vacancy in such office.
(h) The findings and decision of the Commissioner of Social
Security after a hearing shall be binding upon all individuals
who were parties to such hearing. No findings of fact or
decision of the Commissioner of Social Security shall be
reviewed by any person, tribunal, or governmental agency except
as herein provided. No action against the United States, the
Commissioner of Social Security or any officer or employee
thereof shall be brought under section 1331 or 1346 of title
28, United States Code, to recover on any claim arising under
this title.
(i) Upon final decision of the Commissioner of Social
Security, or upon final judgment of any court of competent
jurisdiction, that any person is entitled to any payment or
payments under this title, the Commissioner of Social Security
shall certify to the Managing Trustee the name and address of
the person so entitled to receive such payment or payments, the
amount of such payment or payments, and the time at which such
payment or payments should be made, and the Managing Trustee,
through the Fiscal Service of the Department of the Treasury,
and prior to any action thereon by the General Accounting
Office, shall make payment in accordance with the certification
of the Commissioner of Social Security (except that in the case
of (A) an individual who will have completed ten years of
service (or five or more years of service, all of which accrues
after December 31, 1995) creditable under the Railroad
Retirement Act of 1937 or the Railroad Retirement Act of 1974,
(B) the wife or husband or divorced wife or divorced husband of
such an individual, (C) any survivor of such an individual if
such survivor is entitled, or could upon application become
entitled, to an annuity under section 2 of the Railroad
Retirement Act of 1974, and (D) any other person entitled to
benefits under section 202 of this Act on the basis of the
wages and self-employment income of such an individual (except
a survivor of such an individual where such individual did not
have a current connection with the railroad industry, as
defined in the Railroad Retirement Act of 1974, at the time of
his death), such certification shall be made to the Railroad
Retirement Board which shall provide for such payment or
payments to such person on behalf of the Managing Trustee in
accordance with the provisions of the Railroad Retirement Act
of 1974): Provided, That where a review of the Commissioner's
decision is or may be sought under subsection (g) the
Commissioner of Social Security may withhold certification of
payment pending such review. The Managing Trustee shall not be
held personally liable for any payment or payments made in
accordance with a certification by the Commissioner of Social
Security.
Representative Payees
(j)(1)(A) If the Commissioner of Social Security determines
that the interest of any individual under this title would be
served thereby, certification of payment of such individual's
benefit under this title may be made, regardless of the legal
competency or incompetency of the individual, either for direct
payment to the individual, or for his or her use and benefit,
to another individual, or an organization, with respect to whom
the requirements of paragraph (2) have been met (hereinafter in
this subsection referred to as the individual's
``representative payee''). If the Commissioner of Social
Security or a court of competent jurisdiction determines that a
representative payee has misused any individual's benefit paid
to such representative payee pursuant to this subsection or
section 807 or 1631(a)(2), the Commissioner of Social Security
shall promptly revoke certification for payment of benefits to
such representative payee pursuant to this subsection and
certify payment to an alternative representative payee or, if
the interest of the individual under this title would be served
thereby, to the individual.
(B) In the case of an individual entitled to benefits based
on disability, the payment of such benefits shall be made to a
representative payee if the Commissioner of Social Security
determines that such payment would serve the interest of the
individual because the individual also has an alcoholism or
drug addiction condition (as determined by the Commissioner)
and the individual is incapable of managing such benefits.
(2)(A) Any certification made under paragraph (1) for payment
of benefits to an individual's representative payee shall be
made on the basis of--
(i) an investigation by the Commissioner of Social
Security of the person to serve as representative
payee, which shall be conducted in advance of such
certification and shall, to the extent practicable,
include a face-to-face interview with such person, and
(ii) adequate evidence that such certification is in
the interest of such individual (as determined by the
Commissioner of Social Security in regulations).
(B)(i) As part of the investigation referred to in
subparagraph (A)(i), the Commissioner of Social Security
shall--
(I) require the person being investigated to submit
documented proof of the identity of such person, unless
information establishing such identity has been
submitted with an application for benefits under this
title, title VIII, or title XVI,
(II) verify such person's social security account
number (or employer identification number),
(III) determine whether such person has been
convicted of a violation of section 208, 811, or 1632,
(IV) obtain information concerning whether such
person has been convicted of any other offense under
Federal or State law which resulted in imprisonment for
more than 1 year,
(V) obtain information concerning whether such person
is a person described in section 202(x)(1)(A)(iv), and
(VI) determine whether certification of payment of
benefits to such person has been revoked pursuant to
this subsection, the designation of such person as a
representative payee has been revoked pursuant to
section 807(a), or payment of benefits to such person
has been terminated pursuant to section
1631(a)(2)(A)(iii) by reason of misuse of funds paid as
benefits under this title, title VIII, or title XVI.
(ii) The Commissioner of Social Security shall establish and
maintain a centralized file, which shall be updated
periodically and which shall be in a form which renders it
readily retrievable by each servicing office of the Social
Security Administration. Such file shall consist of--
(I) a list of the names and social security account
numbers (or employer identification numbers) of all
persons with respect to whom certification of payment
of benefits has been revoked on or after January 1,
1991, pursuant to this subsection, whose designation as
a representative payee has been revoked pursuant to
section 807(a), or with respect to whom payment of
benefits has been terminated on or after such date
pursuant to section 1631(a)(2)(A)(iii), by reason of
misuse of funds paid as benefits under this title,
title VIII, or title XVI, and
(II) a list of the names and social security account
numbers (or employer identification numbers) of all
persons who have been convicted of a violation of
section 208, 811, or 1632.
(iii) Notwithstanding the provisions of section 552a of title
5, United States Code, or any other provision of Federal or
State law (other than section 6103 of the Internal Revenue Code
of 1986 and section 1106(c) of this Act), the Commissioner
shall furnish any Federal, State, or local law enforcement
officer, upon the written request of the officer, with the
current address, social security account number, and photograph
(if applicable) of any person investigated under this
paragraph, if the officer furnishes the Commissioner with the
name of such person and such other identifying information as
may reasonably be required by the Commissioner to establish the
unique identity of such person, and notifies the Commissioner
that--
(I) such person is described in section
202(x)(1)(A)(iv),
(II) such person has information that is necessary
for the officer to conduct the officer's official
duties, and
(III) the location or apprehension of such person is
within the officer's official duties.
(C)(i) Benefits of an individual may not be certified for
payment to any other person pursuant to this subsection if--
(I) such person has previously been convicted as
described in subparagraph (B)(i)(III),
(II) except as provided in clause (ii), certification
of payment of benefits to such person under this
subsection has previously been revoked as described in
subparagraph (B)(i)(VI) the designation of such person
as a representative payee has been revoked pursuant to
section 807(a), or payment of benefits to such person
pursuant to section 1631(a)(2)(A)(ii) has previously
been terminated as described in section
1631(a)(2)(B)(ii)(VI),
(III) except as provided in clause (iii), such person
is a creditor of such individual who provides such
individual with goods or services for consideration,
(IV) such person has previously been convicted as
described in subparagraph (B)(i)(IV), unless the
Commissioner determines that such certification would
be appropriate notwithstanding such conviction, or
(V) such person is a person described in section
202(x)(1)(A)(iv).
(ii) The Commissioner of Social Security shall prescribe
regulations under which the Commissioner of Social Security may
grant exemptions to any person from the provisions of clause
(i)(II) on a case-by-case basis if such exemption is in the
best interest of the individual whose benefits would be paid to
such person pursuant to this subsection.
(iii) Clause (i)(III) shall not apply with respect to any
person who is a creditor referred to therein if such creditor
is--
(I) a relative of such individual if such relative
resides in the same household as such individual,
(II) a legal guardian or legal representative of such
individual,
(III) a facility that is licensed or certified as a
care facility under the law of a State or a political
subdivision of a State,
(IV) a person who is an administrator, owner, or
employee of a facility referred to in subclause (III)
if such individual resides in such facility, and the
certification of payment to such facility or such
person is made only after good faith efforts have been
made by the local servicing office of the Social
Security Administration to locate an alternative
representative payee to whom such certification of
payment would serve the best interests of such
individual, or
(V) an individual who is determined by the
Commissioner of Social Security, on the basis of
written findings and under procedures which the
Commissioner of Social Security shall prescribe by
regulation, to be acceptable to serve as a
representative payee.
(iv) The procedures referred to in clause (iii)(V) shall
require the individual who will serve as representative payee
to establish, to the satisfaction of the Commissioner of Social
Security, that--
(I) such individual poses no risk to the beneficiary,
(II) the financial relationship of such individual to
the beneficiary poses no substantial conflict of
interest, and
(III) no other more suitable representative payee can
be found.
(v) In the case of an individual described in paragraph
(1)(B), when selecting such individual's representative payee,
preference shall be given to--
(I) certified community-based nonprofit social
service agencies (as defined in paragraph (10)),
(II) a Federal, State, or local government agency
whose mission is to carry out income maintenance,
social service, or health care-related activities,
(III) a State or local government agency with
fiduciary responsibilities, or
(IV) a designee of an agency (other than of a Federal
agency) referred to in the preceding subclauses of this
clause, if the Commissioner of Social Security deems it
appropriate,
unless the Commissioner of Social Security determines that
selection of a family member would be appropriate.
(D)(i) Subject to clause (ii), if the Commissioner of Social
Security makes a determination described in the first sentence
of paragraph (1) with respect to any individual's benefit and
determines that direct payment of the benefit to the individual
would cause substantial harm to the individual, the
Commissioner of Social Security may defer (in the case of
initial entitlement) or suspend (in the case of existing
entitlement) direct payment of such benefit to the individual,
until such time as the selection of a representative payee is
made pursuant to this subsection.
(ii)(I) Except as provided in subclause (II), any deferral or
suspension of direct payment of a benefit pursuant to clause
(i) shall be for a period of not more than 1 month.
(II) Subclause (I) shall not apply in any case in which the
individual is, as of the date of the Commissioner's
determination, legally incompetent, under the age of 15 years,
or described in paragraph (1)(B).
(iii) Payment pursuant to this subsection of any benefits
which are deferred or suspended pending the selection of a
representative payee shall be made to the individual or the
representative payee as a single sum or over such period of
time as the Commissioner of Social Security determines is in
the best interest of the individual entitled to such benefits.
(E)(i) Any individual who is dissatisfied with a
determination by the Commissioner of Social Security to certify
payment of such individual's benefit to a representative payee
under paragraph (1) or with the designation of a particular
person to serve as representative payee shall be entitled to a
hearing by the Commissioner of Social Security to the same
extent as is provided in subsection (b), and to judicial review
of the Commissioner's final decision as is provided in
subsection (g).
(ii) In advance of the certification of payment of an
individual's benefit to a representative payee under paragraph
(1), the Commissioner of Social Security shall provide written
notice of the Commissioner's initial determination to certify
such payment. Such notice shall be provided to such individual,
except that, if such individual--
(I) is under the age of 15,
(II) is an unemancipated minor under the age of 18,
or
(III) is legally incompetent,
then such notice shall be provided solely to the legal guardian
or legal representative of such individual.
(iii) Any notice described in clause (ii) shall be clearly
written in language that is easily understandable to the
reader, shall identify the person to be designated as such
individual's representative payee, and shall explain to the
reader the right under clause (i) of such individual or of such
individual's legal guardian or legal representative--
(I) to appeal a determination that a representative
payee is necessary for such individual,
(II) to appeal the designation of a particular person
to serve as the representative payee of such
individual, and
(III) to review the evidence upon which such
designation is based and submit additional evidence.
(3)(A) In any case where payment under this title is made to
a person other than the individual entitled to such payment,
the Commissioner of Social Security shall establish a system of
accountability monitoring whereby such person shall report not
less often than annually with respect to the use of such
payments. The Commissioner of Social Security shall establish
and implement statistically valid procedures for reviewing such
reports in order to identify instances in which such persons
are not properly using such payments.
(B) Subparagraph (A) shall not apply in any case where the
other person to whom such payment is made is a State
institution. In such cases, the Commissioner of Social Security
shall establish a system of accountability monitoring for
institutions in each State.
(C) Subparagraph (A) shall not apply in any case where the
individual entitled to such payment is a resident of a Federal
institution and the other person to whom such payment is made
is the institution.
(D) Notwithstanding subparagraphs (A), (B), and (C), the
Commissioner of Social Security may require a report at any
time from any person receiving payments on behalf of another,
if the Commissioner of Social Security has reason to believe
that the person receiving such payments is misusing such
payments.
(E) In any case in which the person described in subparagraph
(A) or (D) receiving payments on behalf of another fails to
submit a report required by the Commissioner of Social Security
under subparagraph (A) or (D), the Commissioner may, after
furnishing notice to such person and the individual entitled to
such payment, require that such person appear in person at a
field office of the Social Security Administration serving the
area in which the individual resides in order to receive such
payments.
(F) The Commissioner of Social Security shall maintain a
centralized file, which shall be updated periodically and which
shall be in a form which will be readily retrievable by each
servicing office of the Social Security Administration, of--
(i) the address and the social security account
number (or employer identification number) of each
representative payee who is receiving benefit payments
pursuant to this subsection, section 807, or section
1631(a)(2), and
(ii) the address and social security account number
of each individual for whom each representative payee
is reported to be providing services as representative
payee pursuant to this subsection, section 807, or
section 1631(a)(2).
(G) Each servicing office of the Administration shall
maintain a list, which shall be updated periodically, of public
agencies and certified community-based nonprofit social service
agencies (as defined in paragraph (10)) which are qualified to
serve as representative payees pursuant to this subsection or
section 807 or 1631(a)(2) and which are located in the area
served by such servicing office.
(4)(A)(i) Except as provided in the next sentence, a
qualified organization may collect from an individual a monthly
fee for expenses (including overhead) incurred by such
organization in providing services performed as such
individual's representative payee pursuant to this subsection
if such fee does not exceed the lesser of--
(I) 10 percent of the monthly benefit involved, or
(II) $25.00 per month ($50.00 per month in any case
in which the individual is described in
paragraph(1)(B)).
A qualified organization may not collect a fee from an
individual for any month with respect to which the Commissioner
of Social Security or a court of competent jurisdiction has
determined that the organization misused all or part of the
individual's benefit, and any amount so collected by the
qualified organization for such month shall be treated as a
misused part of the individual's benefit for purposes of
paragraphs (5) and (6). The Commissioner shall adjust annually
(after 1995) each dollar amount set forth in subclause (II)
under procedures providing for adjustments in the same manner
and to the same extent as adjustments are provided for under
the procedures used to adjust benefit amounts under section
215(i)(2)(A), except that any amount so adjusted that is not a
multiple of $1.00 shall be rounded to the nearest multiple of
$1.00.
(ii) In the case of an individual who is no longer currently
entitled to monthly insurance benefits under this title but to
whom all past-due benefits have not been paid, for purposes of
clause (i), any amount of such past-due benefits payable in any
month shall be treated as a monthly benefit referred to in
clause (i)(I).
Any agreement providing for a fee in excess of the amount
permitted under this subparagraph shall be void and shall be
treated as misuse by such organization of such individual's
benefits.
(B) For purposes of this paragraph, the term ``qualified
organization'' means any State or local government agency whose
mission is to carry out income maintenance, social service, or
health care-related activities, any State or local government
agency with fiduciary responsibilities, or any certified
community-based nonprofit social service agency (as defined in
paragraph (10)), if such agency, in accordance with any
applicable regulations of the Commissioner of Social Security--
(i) regularly provides services as the representative
payee, pursuant to this subsection or section 807 or
1631(a)(2), concurrently to 5 or more individuals,
(ii) demonstrates to the satisfaction of the
Commissioner of Social Security that such agency is not
otherwise a creditor of any such individual.
The Commissioner of Social Security shall prescribe regulations
under which the Commissioner of Social Security may grant an
exception from clause (ii) for any individual on a case-by-case
basis if such exception is in the best interests of such
individual.
(C) Any qualified organization which knowingly charges or
collects, directly or indirectly, any fee in excess of the
maximum fee prescribed under subparagraph (A) or makes any
agreement, directly or indirectly, to charge or collect any fee
in excess of such maximum fee, shall be fined in accordance
with title 18, United States Code, or imprisoned not more than
6 months, or both.
(5) In cases where the negligent failure of the Commissioner
of Social Security to investigate or monitor a representative
payee results in misuse of benefits by the representative
payee, the Commissioner of Social Security shall certify for
payment to the beneficiary or the beneficiary's alternative
representative payee an amount equal to such misused benefits.
In any case in which a representative payee that--
(A) is not an individual (regardless of whether it is
a ``qualified organization'' within the meaning of
paragraph (4)(B)); or
(B) is an individual who, for any month during a
period when misuse occurs, serves 15 or more
individuals who are beneficiaries under this title,
title VIII, title XVI, or any combination of such
titles;
misuses all or part of an individual's benefit paid to such
representative payee, the Commissioner of Social Security shall
certify for payment to the beneficiary or the beneficiary's
alternative representative payee an amount equal to the amount
of such benefit so misused. The provisions of this paragraph
are subject to the limitations of paragraph (7)(B). The
Commissioner of Social Security shall make a good faith effort
to obtain restitution from the terminated representative payee.
(6)(A) In addition to such other reviews of representative
payees as the Commissioner of Social Security may otherwise
conduct, the Commissioner shall provide for the periodic onsite
review of any person or agency located in the United States
that receives the benefits payable under this title (alone or
in combination with benefits payable under title VIII or title
XVI) to another individual pursuant to the appointment of such
person or agency as a representative payee under this
subsection, section 807, or section 1631(a)(2) in any case in
which--
(i) the representative payee is a person who serves
in that capacity with respect to 15 or more such
individuals;
(ii) the representative payee is a certified
community-based nonprofit social service agency (as
defined in paragraph (10) of this subsection or section
1631(a)(2)(I)); or
(iii) the representative payee is an agency (other
than an agency described in clause (ii)) that serves in
that capacity with respect to 50 or more such
individuals.
(B) Within 120 days after the end of each fiscal year, the
Commissioner shall submit to the Committee on Ways and Means of
the House of Representatives and the Committee on Finance of
the Senate a report on the results of periodic onsite reviews
conducted during the fiscal year pursuant to subparagraph (A)
and of any other reviews of representative payees conducted
during such fiscal year in connection with benefits under this
title. Each such report shall describe in detail all problems
identified in such reviews and any corrective action taken or
planned to be taken to correct such problems, and shall
include--
(i) the number of such reviews;
(ii) the results of such reviews;
(iii) the number of cases in which the representative
payee was changed and why;
(iv) the number of cases involving the exercise of
expedited, targeted oversight of the representative
payee by the Commissioner conducted upon receipt of an
allegation of misuse of funds, failure to pay a vendor,
or a similar irregularity;
(v) the number of cases discovered in which there was
a misuse of funds;
(vi) how any such cases of misuse of funds were dealt
with by the Commissioner;
(vii) the final disposition of such cases of misuse
of funds, including any criminal penalties imposed; and
(viii) such other information as the Commissioner
deems appropriate.
(7)(A) If the Commissioner of Social Security or a court of
competent jurisdiction determines that a representative payee
that is not a Federal, State, or local government agency has
misused all or part of an individual's benefit that was paid to
such representative payee under this subsection, the
representative payee shall be liable for the amount misused,
and such amount (to the extent not repaid by the representative
payee) shall be treated as an overpayment of benefits under
this title to the representative payee for all purposes of this
Act and related laws pertaining to the recovery of such
overpayments. Subject to subparagraph (B), upon recovering all
or any part of such amount, the Commissioner shall certify an
amount equal to the recovered amount for payment to such
individual or such individual's alternative representative
payee.
(B) The total of the amount certified for payment to such
individual or such individual's alternative representative
payee under subparagraph (A) and the amount certified for
payment under paragraph (5) may not exceed the total benefit
amount misused by the representative payee with respect to such
individual.
(8) For purposes of this subsection, the term ``benefit based
on disability'' of an individual means a disability insurance
benefit of such individual under section 223 or a child's,
widow's, or widower's insurance benefit of such individual
under section 202 based on such individual's disability.
(9) For purposes of this subsection, misuse of benefits by a
representative payee occurs in any case in which the
representative payee receives payment under this title for the
use and benefit of another person and converts such payment, or
any part thereof, to a use other than for the use and benefit
of such other person. The Commissioner of Social Security may
prescribe by regulation the meaning of the term ``use and
benefit'' for purposes of this paragraph.
(10) For purposes of this subsection, the term ``certified
community-based nonprofit social service agency'' means a
community-based nonprofit social service agency which is in
compliance with requirements, under regulations which shall be
prescribed by the Commissioner, for annual certification to the
Commissioner that it is bonded in accordance with requirements
specified by the Commissioner and that it is licensed in each
State in which it serves as a representative payee (if
licensing is available in the State) in accordance with
requirements specified by the Commissioner. Any such annual
certification shall include a copy of any independent audit on
the agency which may have been performed since the previous
certification.
(k) Any payment made after December 31, 1939, under
conditions set forth in subsection (j), any payment made before
January 1, 1940, to, or on behalf of, a legally incompetent
individual, and any payment made after December 31, 1939, to a
legally incompetent individual without knowledge by the
Commissioner of Social Security of incompetency prior to
certification of payment, if otherwise valid under this title,
shall be a complete settlement and satisfaction of any claim,
right, or interest in and to such payment.
(l) The Commissioner of Social Security is authorized to
delegate to any member, officer, or employee of the Social
Security Administration designated by him any of the powers
conferred upon him by this section, and is authorized to be
represented by his own attorneys in any court in any case or
proceeding arising under the provisions of subsection (e).
(n) The Commissioner of Social Security may, in the
Commissioner's discretion, certify to the Managing Trustee any
two or more individuals of the same family for joint payment of
the total benefits payable to such individuals for any month,
and if one of such individuals dies before a check representing
such joint payment is negotiated, payment of the amount of such
unnegotiated check to the surviving individual or individuals
may be authorized in accordance with regulations of the
Secretary of the Treasury; except that appropriate adjustment
or recovery shall be made under section 204(a) with respect to
so much of the amount of such check as exceeds the amount to
which such surviving individual or individuals are entitled
under this title for
Crediting of Compensation Under the Railroad Retirement Act
(o) If there is no person who would be entitled, upon
application therefor, to an annuity under section 2 of the
Railroad Retirement Act of 1974, or to a lump sum payment under
section 6(b) of such Act, with respect to the death of an
employee (as defined in such Act), then, notwithstanding
section 210(a)(9) of this Act, compensation (as defined in such
Railroad Retirement Act, but excluding compensation
attributable as having been paid during any month on account of
military service creditable under section 3(i) of such Act if
wages are deemed to have been paid to such employee during such
month under subsection (a) or (e) of section 217 of this Act)
of such employee shall constitute remuneration for employment
for purposes of determining (A) entitlement to and the amount
of any lump sum death payment under this title on the basis of
such employee's wages and self employment income and (B)
entitlement to and the amount of any monthly benefit under this
title, for the month in which such employee died or for any
month thereafter, on the basis of such wages and self
employment income. For such purposes, compensation (as so
defined) paid in a calendar year before 1978 shall, in the
absence of evidence to the contrary, be presumed to have been
paid in equal proportions with respect to all months in the
year in which the employee rendered services for such
compensation.
Special Rules in Case of Federal Service
(p)(1) With respect to service included as employment under
section 210 which is performed in the employ of the United
States or in the employ of any instrumentality which is wholly
owned by the United States, including service, performed as a
member of a uniformed service, to which the provisions of
subsection (l)(1) of such section are applicable, and including
service, performed as a volunteer or volunteer leader within
the meaning of the Peace Corps Act, to which the provisions of
section 210(o) are applicable, the Commissioner of Social
Security shall not make determinations as to the amounts of
remuneration for such service, or the periods in which or for
which such remuneration was paid, but shall accept the
determinations with respect thereto of the head of the
appropriate Federal agency or instrumentality, and of such
agents as such head may designate, as evidenced by returns
filed in accordance with the provisions of section 3122 of the
Internal Revenue Code of 1954 and certifications made
pursuant to this subsection. Such determinations shall be final
and conclusive. Nothing in this paragraph shall be construed to
affect the Commissioner's authority to determine under sections
209 and 210 whether any such service constitutes employment,
the periods of such employment, and whether remuneration paid
for any such service constitutes wages.
(2) The head of any such agency or instrumentality is
authorized and directed, upon written request of the
Commissioner of Social Security, to make certification to the
Commissioner with respect to any matter determinable for the
Commissioner of Social Security by such head or his agents
under this subsection, which the Commissioner of Social
Security finds necessary in administering this title.
(3) The provisions of paragraphs (1) and (2) shall be
applicable in the case of service performed by a civilian
employee, not compensated from funds appropriated by the
Congress, in the Army and Air Force Exchange Service, Army and
Air Force Motion Picture Service, Navy Exchanges, Marine Corps
Exchanges, or other activities, conducted by an instrumentality
of the United States subject to the jurisdiction of the
Secretary of Defense, at installations of the Department of
Defense for the comfort, pleasure, contentment, and mental and
physical improvement of personnel of such Department; and for
purposes of paragraphs (1) and (2) the Secretary of Defense
shall be deemed to be the head of such instrumentality. The
provisions of paragraphs (1) and (2) shall be applicable also
in the case of service performed by a civilian employee, not
compensated from funds appropriated by the Congress, in the
Coast Guard Exchanges or other activities, conducted by an
instrumentality of the United States subject to the
jurisdiction of the Secretary of Homeland Security, at
installations of the Coast Guard for the comfort, pleasure,
contentment, and mental and physical improvement of personnel
of the Coast Guard; and for purposes of paragraphs (1) and (2)
the Secretary of Homeland Security shall be deemed to be the
head of such instrumentality.
Expedited Benefit Payments
(q)(1) The Commissioner of Social Security shall establish
and put into effect procedures under which expedited payment of
monthly insurance benefits under this title will, subject to
paragraph (4) of this subsection, be made as set forth in
paragraphs (2) and (3) of this subsection.
(2) In any case in which--
(A) an individual makes an allegation that a monthly
benefit under this title was due him in a particular
month but was not paid to him, and
(B) such individual submits a written request for the
payment of such benefit--
(i) in the case of an individual who received
a regular monthly benefit in the month
preceding the month with respect to which such
allegation is made, not less than 30 days after
the 15th day of the month with respect to which
such allegation is made (and in the event that
such request is submitted prior to the
expiration of such 30-day period, it shall be
deemed to have been submitted upon the
expiration of such period), and
(ii) in any other case, not less than 90 days
after the later of (I) the date on which such
benefit is alleged to have been due, or (II)
the date on which such individual furnished the
last information requested by the Commissioner
of Social Security (and such written request
will be deemed to be filed on the day on which
it was filed, or the ninetieth day after the
first day on which the Commissioner of Social
Security has evidence that such allegation is
true, whichever is later),
the Commissioner of Social Security shall, if he finds that
benefits are due, certify such benefits for payment, and
payment shall be made within 15 days immediately following the
date on which the written request is deemed to have been filed.
(3) In any case in which the Commissioner of Social Security
determines that there is evidence, although additional evidence
might be required for a final decision, that an allegation
described in paragraph (2)(A) is true, he may make a
preliminary certification of such benefit for payment even
though the 30-day or 90-day periods described in paragraph
(2)(B)(i) and (B)(ii) have not elapsed.
(4) Any payment made pursuant to a certification under
paragraph (3) of this subsection shall not be considered an
incorrect payment for purposes of determining the liability of
the certifying or disbursing officer.
(5) For purposes of this subsection, benefits payable under
section 228 shall be treated as monthly insurance benefits
payable under this title. However, this subsection shall not
apply with respect to any benefit for which a check has been
negotiated, or with respect to any benefit alleged to be due
under either section 223, or section 202 to a wife, husband, or
child of an individual entitled to or applying for benefits
under section 223, or to a child who has attained age 18 and is
under a disability, or to a widow or widower on the basis of
being under a disability.
Use of Death Certificates to Correct Program Information
(r)(1) The Commissioner of Social Security shall undertake to
establish a program under which--
(A) States (or political subdivisions thereof)
voluntarily contract with the Commissioner of Social
Security to furnish the Commissioner of Social Security
periodically with information (in a form established by
the Commissioner of Social Security in consultation
with the States) concerning individuals with respect to
whom death certificates (or equivalent documents
maintained by the States or subdivisions) have been
officially filed with them; and
(B) there will be (i) a comparison of such
information on such individuals with information on
such individuals in the records being used in the
administration of this Act, (ii) validation of the
results of such comparisons, and (iii) corrections in
such records to accurately reflect the status of such
individuals.
(2) Each State (or political subdivision thereof) which
furnishes the Commissioner of Social Security with information
on records of deaths in the State or subdivision under this
subsection may be paid by the Commissioner of Social Security
from amounts available for administration of this Act the
reasonable costs (established by the Commissioner of Social
Security in consultations with the States) for transcribing and
transmitting such information to the Commissioner of Social
Security.
(3) In the case of individuals with respect to whom federally
funded benefits are provided by (or through) a Federal or State
agency other than under this Act, the Commissioner of Social
Security shall to the extent feasible provide such information
through a cooperative arrangement with such agency, for
ensuring proper payment of those benefits with respect to such
individuals if--
(A) under such arrangement the agency provides
reimbursement to the Commissioner of Social Security
for the reasonable cost of carrying out such
arrangement, and
(B) such arrangement does not conflict with the
duties of the Commissioner of Social Security under
paragraph (1).
(4) The Commissioner of Social Security may enter into
similar agreements with States to provide information for their
use in programs wholly funded by the States if the requirements
of subparagraphs (A) and (B) of paragraph (3) are met.
(5) The Commissioner of Social Security may use or provide
for the use of such records as may be corrected under this
section, subject to such safeguards as the Commissioner of
Social Security determines are necessary or appropriate to
protect the information from unauthorized use or disclosure,
for statistical and research activities conducted by Federal
and State agencies.
(6) Information furnished to the Commissioner of Social
Security under this subsection may not be used for any purpose
other than the purpose described in this subsection and is
exempt from disclosure under section 552 of title 5, United
States Code, and from the requirements of section 552a of such
title.
(7) The Commissioner of Social Security shall include
information on the status of the program established under this
section and impediments to the effective implementation of the
program in the 1984 report required under section 704 of this
Act.
(8)(A) The Commissioner of Social Security shall, upon the
request of the official responsible for a State driver's
license agency pursuant to the Help America Vote Act of 2002--
(i) enter into an agreement with such official for
the purpose of verifying applicable information, so
long as the requirements of subparagraphs (A) and (B)
of paragraph (3) are met; and
(ii) include in such agreement safeguards to assure
the maintenance of the confidentiality of any
applicable information disclosed and procedures to
permit such agency to use the applicable information
for the purpose of maintaining its records.
(B) Information provided pursuant to an agreement under this
paragraph shall be provided at such time, in such place, and in
such manner as the Commissioner determines appropriate.
(C) The Commissioner shall develop methods to verify the
accuracy of information provided by the agency with respect to
applications for voter registration, for whom the last 4 digits
of a social security number are provided instead of a driver's
license number.
(9)(A) The Commissioner of Social Security shall,
upon the request of the Secretary or the Inspector
General of the Department of Health and Human
Services--
(i) enter into an agreement with the
Secretary or such Inspector General for the
purpose of matching data in the system of
records of the Social Security Administration
and the system of records of the Department of
Health and Human Services; and
(ii) include in such agreement safeguards to
assure the maintenance of the confidentiality
of any information disclosed.
(B) For purposes of this paragraph, the term ``system
of records'' has the meaning given such term in section
552a(a)(5) of title 5, United States Code.
(D) For purposes of this paragraph--
(i) the term ``applicable information'' means
information regarding whether--
(I) the name (including the first name and
any family forename or surname), the date of
birth (including the month, day, and year), and
social security number of an individual
provided to the Commissioner match the
information contained in the Commissioner's
records, and
(II) such individual is shown on the records
of the Commissioner as being deceased; and
(ii) the term ``State driver's license agency'' means
the State agency which issues driver's licenses to
individuals within the State and maintains records
relating to such licensure.
(E) Nothing in this paragraph may be construed to require the
provision of applicable information with regard to a request
for a record of an individual if the Commissioner determines
there are exceptional circumstances warranting an exception
(such as safety of the individual or interference with an
investigation).
(F) Applicable information provided by the Commission
pursuant to an agreement under this paragraph or by an
individual to any agency that has entered into an agreement
under this paragraph shall be considered as strictly
confidential and shall be used only for the purposes described
in this paragraph and for carrying out an agreement under this
paragraph. Any officer or employee or former officer or
employee of a State, or any officer or employee or former
officer or employee of a contractor of a State who, without the
written authority of the Commissioner, publishes or
communicates any applicable information in such individual's
possession by reason of such employment or position as such an
officer, shall be guilty of a felony and upon conviction
thereof shall be fined or imprisoned, or both, as described in
section 208.
Notice Requirements
(s) The Commissioner of Social Security shall take such
actions as are necessary to ensure that any notice to one or
more individuals issued pursuant to this title by the
Commissioner of Social Security or by a State agency--
(1) is written in simple and clear language, and
(2) includes the address and telephone number of the
local office of the Social Security Administration
which serves the recipient.
In the case of any such notice which is not generated by a
local servicing office, the requirements of paragraph (2) shall
be treated as satisfied if such notice includes the address of
the local office of the Social Security Administration which
services the recipient of the notice and a telephone number
through which such office can be reached.
Same-Day Personal Interviews at Field Offices In Cases Where Time Is of
The Essence
(t) In any case in which an individual visits a field office
of the Social Security Administration and represents during the
visit to an officer or employee of the Social Security
Administration in the office that the individual's visit is
occasioned by--
(1) the receipt of a notice from the Social Security
Administration indicating a time limit for response by
the individual, or
(2) the theft, loss, or nonreceipt of a benefit
payment under this title,
the Commissioner of Social Security shall ensure that the
individual is granted a face-to-face interview at the office
with an officer or employee of the Social Security
Administration before the close of business on the day of the
visit.
(u)(1)(A) The Commissioner of Social Security shall
immediately redetermine the entitlement of individuals to
monthly insurance benefits under this title if there is reason
to believe that fraud or similar fault was involved in the
application of the individual for such benefits, unless a
United States attorney, or equivalent State prosecutor, with
jurisdiction over potential or actual related criminal cases,
certifies, in writing, that there is a substantial risk that
such action by the Commissioner of Social Security with regard
to beneficiaries in a particular investigation would jeopardize
the criminal prosecution of a person involved in a suspected
fraud.
(B) When redetermining the entitlement, or making an initial
determination of entitlement, of an individual under this
title, the Commissioner of Social Security shall disregard any
evidence if there is reason to believe that fraud or similar
fault was involved in the providing of such evidence.
(2) For purposes of paragraph (1), similar fault is involved
with respect to a determination if--
(A) an incorrect or incomplete statement that is
material to the determination is knowingly made; or
(B) information that is material to the determination
is knowingly concealed.
(3) If, after redetermining pursuant to this subsection the
entitlement of an individual to monthly insurance benefits, the
Commissioner of Social Security determines that there is
insufficient evidence to support such entitlement, the
Commissioner of Social Security may terminate such entitlement
and may treat benefits paid on the basis of such insufficient
evidence as overpayments.
* * * * * * *