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114th Congress }                                        { Report
                        HOUSE OF REPRESENTATIVES
 2d Session    }                                        { 114-702

======================================================================
 
      SOCIAL SECURITY MUST AVERT IDENTITY LOSS (MAIL) ACT OF 2016

                                _______
                                

 July 25, 2016.--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. 5320]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Ways and Means, to whom was referred the 
bill (H.R. 5320) to restrict the inclusion of social security 
account numbers on documents sent by mail by the Social 
Security Administration, and for other purposes, 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. SHORT TITLE (SEC. 1 OF THE BILL)....................     4
          B. RESTRICTION ON SOCIAL SECURITY ACCOUNT NUMBERS IN 
              DOCUMENTS SENT BY MAIL (SEC. 2 OF THE BILL)........     4
III. VOTES OF THE COMMITTEE...........................................5
 IV. NEW BUDGET AUTHORITY AND TAX EXPENDITURES........................5
  V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE........5
 VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE.......6
          A. COMMITTEE FINDING AND OVERSIGHT RECOMMENDATIONS.....     6
          B. STATEMENT OF GENERAL PERFORMANCE GOALS AND 
              OBJECTIVES.........................................     6
          C. APPLICABILITY OF HOUSE RULE XXI 5(b)................     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
VII. 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
          B. CHANGES IN EXISTING LAW PROPOSED BY THE BILL, AS 
              REPORTED...........................................    35

    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 Must Avert Identity 
Loss (MAIL) Act of 2016''.

SEC. 2. RESTRICTION ON SOCIAL SECURITY ACCOUNT NUMBERS IN DOCUMENTS 
                    SENT BY MAIL.

  (a) In General.--Section 205(c)(2)(C) of the Social Security Act (42 
U.S.C. 405(c)(2)(C)) is amended by adding at the end the following:
  ``(xiv)(I) The Commissioner of Social Security shall ensure that no 
document sent by mail by the Social Security Administration includes a 
complete social security account number unless the Commissioner 
determines that inclusion of such complete number is necessary.
  ``(II) Not later than 30 days after the date of the enactment of this 
clause and not later than each of March 31 and September 30 of each of 
the first 6 years following the year in which such date of enactment 
occurs, the Commissioner of Social Security 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 implementation of 
subclause (I). Such report shall include--
          ``(aa) the title and identification number of each document 
        used by the Social Security Administration during the previous 
        year on which is printed an individual's complete social 
        security account number;
          ``(bb) the most recent date on which each such document was 
        updated; and
          ``(cc) the projected date on which complete social security 
        account numbers will be removed from each such document, or if 
        the Commissioner determines that inclusion of such complete 
        number is necessary, the rationale for such determination.''.
  (b) Effective Date.--The Commissioner of Social Security shall 
implement the amendments made under subsection (a) as soon as 
practicable after the date of the enactment of this Act.

                       I. SUMMARY AND BACKGROUND


                         A. Purpose and Summary

    H.R. 5320, as reported by the Committee on Ways and Means, 
amends Title II of the Social Security Act to direct the Social 
Security Administration (SSA) to ensure that documents it sends 
by mail do not include a complete Social Security account 
number (SSN) unless necessary. The bill aims to protect 
individuals' personal information by requiring the removal of 
SSNs from documents mailed by the SSA unless such inclusion is 
deemed to be necessary by the Commissioner of Social Security. 
The bill also requires bi-annual reports to Congress on the 
SSA's efforts to remove SSNs from mailed documents, and to 
justify the retention of SSNs on those documents that the 
Commissioner of Social Security has deemed necessary.

                 B. Background and Need for Legislation

    Identity theft is a serious and rapidly growing issue 
affecting Americans. The Federal Trade Commission, the lead 
Federal agency on identity theft, reported that identity theft 
complaints had increased by almost 50 percent from 332,647 in 
2014 to 490,220 in 2015.\1\ The SSN has been recognized as a 
valuable target for identity theft because the SSN is widely 
used in the financial sector.\2\ The SSA instructs individuals 
to treat their SSNs as confidential information.\3\
---------------------------------------------------------------------------
    \1\Consumer Sentinel Network Data Book for January-December 2015, 
Federal Trade Commission, 79 (February 2016).
    \2\Your Social Security Number and Card, Social Security 
Administration, 2 (January 2016, Publication No. EN-05-10002).
    \3\Id. at 11.
---------------------------------------------------------------------------
    SSNs are central to the operation of the SSA's programs and 
to its business process. SSNs are used to maintain each 
individual's earnings history and in administering both Social 
Security and Supplemental Security Income benefits.
    The SSA has removed the SSN from some documents but 
continues to include it on others. The SSA removed the full SSN 
from the Social Security Statement in 2001, and from the annual 
Social Security cost-of-living notice in 2002. In 2004, the SSN 
was removed from SSA checks (which are prepared by the 
Treasury). In 2007, the Office of Management and Budget issued 
a memorandum requesting that Federal agencies review the 
unnecessary collection and use of SSNs.\4\ Specifically, the 
memorandum states that agencies should protect personally 
identifiable information in the Government's possession and 
avoid a breach. However, as of 2015, approximately 66 percent 
of the SSA's 352 million notices that are mailed annually still 
contained full SSNs.\5\
---------------------------------------------------------------------------
    \4\Memorandum for the Heads of Executive Departments and Agencies: 
Safeguarding Against and Responding to the Breach of Personally 
Identifiable Information, Office of Management and Budget, Executive 
Office of the President (May 22, 2007).
    \5\Social Security Administration Correspondence Containing Full 
Social Security Numbers, Social Security Administration Office of the 
Inspector General, 3 (April 27, 2016).
---------------------------------------------------------------------------
    In 2016, a report from the SSA Office of Inspector General 
(OIG) raised concerns about the continued inclusion of SSNs in 
many of the SSA's notices.\6\ It recommended that the SSA 
``[m]ake removal of SSNs from SSA correspondence a priority as 
resources permit.'' In response to the OIG report, the SSA 
agreed that it should make the removal of SSNs from 
correspondence a priority, but did not provide any timeframe to 
do so.\7\ H.R. 5320 will help keep Americans' identities secure 
by requiring the SSA to remove unnecessary SSNs from mailed 
documents. It also requires the SSA to provide bi-annual 
reports to Congress for seven years on its progress and to 
justify the inclusion of SSNs on mailings when the SSA 
determines it is necessary.
---------------------------------------------------------------------------
    \6\Id. at 2.
    \7\Id. at B-2.
---------------------------------------------------------------------------

                         C. Legislative History


Background

    H.R. 5320, the Social Security Must Avert Identity Loss 
(MAIL) Act of 2016, was introduced on May 25, 2016 and was 
referred to the Committee on Ways and Means.

Committee hearings

    On May 18, 2016, the Ways and Means Committee Subcommittee 
on Social Security held a hearing on ``Protecting Social 
Security from Waste, Fraud, and Abuse.'' The danger of mailing 
documents that unnecessarily contain full SSNs, and the need 
for the SSA to stop this practice was discussed at this 
hearing.

Committee action

    The Committee on Ways and Means marked up H.R. 5320, the 
Social Security Must Avert Identity Loss (MAIL) Act of 2016, on 
July 13, 2016, and ordered the bill, as amended, favorably 
reported (with a quorum being present).

                      II. EXPLANATION OF THE BILL


                  A. Short Title (Sec. 1 of the Bill)


Present law

    No provision.

Explanation of provision

    This section contains the short title of the bill, the 
``Social Security Must Avert Identity Loss (MAIL) Act of 
2016.''

Reason for change

    The Committee believes that the short title reflects the 
policy actions included in the legislation.

Effective date

    The provision is effective on the date of enactment.

B. Restriction on Social Security Account Numbers in Documents Sent by 
                       Mail (Sec. 2 of the Bill)


Present law

    Although no single Federal law regulates Federal agencies' 
overall use and disclosure of SSNs, the Freedom of Information 
Act, Privacy Act of 1974, and Social Security Amendments of 
1990 generally govern disclosure and use of SSNs. In addition, 
the Social Security Number Protection Act of 2010 prohibits the 
printing of SSNs on government checks and the Medicare Access 
and CHIP Reauthorization Act of 2015 required the removal of 
SSNs from the Medicare card.

Explanation of provision

    This provision requires the Commissioner of Social Security 
to ensure that documents sent by mail do not contain a complete 
SSN unless the Commissioner has determined that the inclusions 
of a complete SSN is necessary. For seven years following 
enactment, the provision also requires the SSA to bi-annually 
report on the SSA's progress in removing unnecessary SSNs from 
mailed documents, and to justify the retention of SSNs on those 
documents that the Commissioner of Social Security has deemed 
to be necessary.

Reason for change

    The Committee believes that Americans' SSNs are too 
important to be needlessly put at risk by being included on 
documents unnecessarily and that any SSNs that remain on mailed 
documents must be justified.

Effective date

    The provision is effective as soon as practicable after 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 votes of the Committee on Ways and Means in its 
consideration of H.R. 5320, a bill to protect Americans from 
identity theft.
    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. 5320, was ordered favorably reported to the 
House of Representatives as amended by a voice vote (with a 
quorum being present).

             IV. NEW BUDGET AUTHORITY AND TAX EXPENDITURES

    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 budget authority or tax expenditure budget 
authority.

      V. 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 Committee sets forth the following 
estimate and comparison prepared by the Director of the 
Congressional Budget Office.

                                     U.S. Congress,
                               Congressional Budget Office,
                                     Washington, DC, July 20, 2016.
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. 5320, the Social 
Security Must Avert Identity Loss (MAIL) Act of 2016.
    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.
    Enclosure.

H.R. 5320--Social Security Must Avert Identity Loss (MAIL) Act of 2016

    H.R. 5320 would require the Social Security Administration 
(SSA) to remove complete Social Security Numbers (SSN) from 
documents sent by mail as soon as practicable, unless the 
agency determines the inclusion of such number is necessary. 
SSA is currently working to gradually remove SSNs from mailings 
and because the legislation would provide flexibility, CBO 
expects that SSA would continue with its current plan. The bill 
also would require SSA to report to Congress on its progress 
implementing those changes. SSA has compiled information about 
mailings with SSNs for previous audits, reports, and 
workgroups, and CBO expects that this information would be used 
to meet the reporting requirements imposed by the bill. 
Therefore, CBO estimates that enacting H.R. 5320 would have no 
effect on the budget.
    Enacting H.R. 5320 would not affect direct spending or 
revenues; therefore, pay-as-you-go procedures do not apply. CBO 
estimates that enacting H.R. 5320 would not increase net direct 
spending or on-budget deficits in any of the four consecutive 
10-year periods beginning in 2027.
    H.R. 5320 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act and 
would impose no costs on state, local, or tribal governments.
    The CBO staff contact for this estimate is Emily Stern. The 
estimate was approved by H. Samuel Papenfuss, Deputy Assistant 
Director for Budget Analysis.

     VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE


           A. Committee Finding and Oversight Recommendations

    With respect to clause 3(c)(1) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
description portions of this report.

        B. Statement of General Performance Goals and Objectives

    With respect to the requirement of clause 3(c)(4) of rule 
XIII of the Rules of the House of Representatives, the 
Committee advises that H.R. 5230 does not authorize funding, 
therefore no statement of general performance goals and 
objectives is required.

                C. Applicability of House Rule XXI 5(b)

    Rule XXI 5(b) of the Rules of the House of Representatives 
provides, in part, that ``A bill or joint resolution, 
amendment, or conference report carrying a Federal income tax 
rate increase may not be considered as passed or agreed to 
unless so determined by a vote of not less than three-fifths of 
the Members voting, a quorum being present.'' The Committee has 
carefully reviewed the bill, and states that the bill does not 
involve any Federal income tax rate increases within the 
meaning of the rule.

  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 Sec. 3(g)(2) of H. Res. 5 (114th 
Congress), 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 (114th Congress), 
the following statement is made concerning directed rule 
makings: The Committee estimates that the bill requires no 
directed rule makings within the meaning of such section.

       VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED


  A. Text of Existing Law Amended or Repealed by the Bill, as Reported


         Changes in Existing Law Made 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 amended or repealed by the bill, as reported, is 
shown below:

                          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 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.

           *       *       *       *       *       *       *


      B. Changes in Existing Law Proposed By the Bill, as Reported


         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e)(1)(B) 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 (new matter 
is printed in italics 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 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).
  (xiv)(I) The Commissioner of Social Security shall ensure 
that no document sent by mail by the Social Security 
Administration includes a complete social security account 
number unless the Commissioner determines that inclusion of 
such complete number is necessary.
  (II) Not later than 30 days after the date of the enactment 
of this clause and not later than each of March 31 and 
September 30 of each of the first 6 years following the year in 
which such date of enactment occurs, the Commissioner of Social 
Security 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 implementation of subclause (I). Such 
report shall include--
          (aa) the title and identification number of each 
        document used by the Social Security Administration 
        during the previous year on which is printed an 
        individual's complete social security account number;
          (bb) the most recent date on which each such document 
        was updated; and
          (cc) the projected date on which complete social 
        security account numbers will be removed from each such 
        document, or if the Commissioner determines that 
        inclusion of such complete number is necessary, the 
        rationale for such determination.
  (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.

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