This report examines legislation aimed at reducing improper government payments made to deceased individuals across federal benefit programs. The bill seeks to improve coordination between federal agencies and death records to prevent taxpayer money from being sent to people who have passed away. The Ways and Means Committee reviewed how these payment errors occur and what steps can be taken to strengthen verification systems and recover funds that were incorrectly distributed.
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House Report 119-426 - ENDING IMPROPER PAYMENTS TO DECEASED PEOPLE ACT
[House Report 119-426]
[From the U.S. Government Publishing Office]
119th Congress } { Report
HOUSE OF REPRESENTATIVES
2nd Session } { 119-426
======================================================================
ENDING IMPROPER PAYMENTS TO DECEASED PEOPLE ACT
_______
January 7, 2026.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Smith of Missouri, from the Committee on Ways and Means, submitted
the following
R E P O R T
together with
ADDITIONAL VIEWS
[To accompany H.R. 2716]
The Committee on Ways and Means, to whom was referred the
bill (H.R. 2716) to improve coordination between Federal and
State agencies and the Do Not Pay working system, having
considered the same, reports favorably thereon with an
amendment and recommends 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................. 3
C. Legislative History................................. 3
D. Designated Hearing.................................. 4
II. EXPLANATION OF THE BILL..........................................4
A. Reasons for Change.................................. 4
B. Explanation of Provisions........................... 4
C. Effective Date...................................... 5
III. VOTES OF THE COMMITTEE...........................................5
IV. BUDGET EFFECTS OF THE BILL.......................................6
A. Committee Estimate of Budgetary Effects............. 6
B. Statement Regarding New Budget Authority and Tax
Expenditures Budget Authority...................... 6
C. Cost Estimate Prepared by the Congressional Budget
Office............................................. 6
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE.......7
A. Committee Oversight Findings and Recommendations.... 7
B. Statement of General Performance Goals and
Objectives......................................... 7
C. Information Relating to Unfunded Mandates........... 7
D. Congressional Earmarks, Limited Tax Benefits, and
Limited Tariff Benefits............................ 7
E. Duplication of Federal Programs..................... 7
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED............7
A. Changes in Existing Law Proposed by the Bill, as
Reported........................................... 7
VII. ADDITIONAL VIEWS................................................44
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 ``Ending Improper Payments to Deceased
People Act''.
SEC. 2. IMPROVING COORDINATION BETWEEN FEDERAL AND STATE AGENCIES AND
THE DO NOT PAY WORKING SYSTEM.
(a) In General.--Section 205(r) of the Social Security Act (42 U.S.C.
405(r)), as amended by section 801(a)(7) of title VIII of division FF
of the Consolidated Appropriations Act, 2021 (Public Law 116-260), is
amended by striking paragraph (11) and inserting the following:
``(11) The Commissioner of Social Security shall, to the
extent feasible, provide information furnished to the
Commissioner under paragraph (1) to the agency operating the Do
Not Pay working system described in section 3354(c) of title
31, United States Code, for the authorized uses of the Do Not
Pay working system to help prevent improper payments of, and
support the recovery of improperly paid, benefits or other
payments through a cooperative arrangement with such agency,
provided that the requirements of subparagraphs (A) and (B) of
paragraph (3) are met with respect to such arrangement with
such agency. The Commissioner of Social Security and the agency
operating the Do Not Pay working system shall, while the data
described in the preceding sentence is being provided to the
agency operating the Do Not Pay working system, enter into an
agreement based upon an agreed upon methodology, which covers
the proportional share of State death data costs, which the
Commissioner of Social Security and the agency operating the Do
Not Pay working system may periodically review.
``(12) The Commissioner of Social Security may not record a
death to a record that may be provided under this section for
any individual unless the Commissioner of Social Security has
found it has clear and convincing evidence to support that the
individual should be presumed to be deceased.''.
(b) Improving Coordination Regarding Individuals Incorrectly
Identified as Deceased.--Section 205(r)(7) of the Social Security Act
(42 U.S.C. 405(r)(7)), as added by section 801(a)(4) of title VIII of
division FF of the Consolidated Appropriations Act, 2021 (Public Law
116-260), is amended by striking ``and'' at the end of subparagraph
(A), by striking the period at the end of subparagraph (B) and
inserting ``; and'', and by adding at the end the following new
subparagraph:
``(C) notify any agency that has a cooperative
arrangement with the Commissioner of Social Security
under paragraph (3) or (11) of the error.''.
(c) Effective Date.--The amendments made by this section shall take
effect on December 27, 2026.
I. SUMMARY AND BACKGROUND
A. Purpose and Summary
The bill, H.R. 2716, the ``Ending Improper Payments to
Deceased People Act,'' as ordered reported by the Committee on
Ways and Means on December 10, 2025, amends the Consolidated
Appropriations Act, 2021 (CAA) to permanently authorize the
Social Security Administration (SSA) to share its full file of
death information, commonly referred to as the ``full Death
Master File,'' with the Department of the Treasury's (Treasury)
Do Not Pay (DNP) working system for the purpose of preventing
and recovering improper payments to deceased individuals.
B. Background and Need for Legislation
H.R. 2716 permanently extends authorization for the SSA to
share its full file of death information with the DNP working
system to prevent and recover improper payments to deceased
individuals.
The federal government faces a widespread challenge with
improper payments. In 2024, the federal government made over
$162 billion in improper payments across 16 agencies.\1\ To
curb improper payments, the ``Payment Integrity Information Act
of 2019'' authorized Treasury's Bureau of the Fiscal Service
(BFS) to develop the DNP working system. The DNP working system
provides a central portal for agencies to verify an
individual's eligibility for benefits and supports payment
integrity across the federal government. This service is free
of cost to participating federal and state agencies and
prevented over $650 million improper payments across the
federal government in fiscal year 2023.\2\
---------------------------------------------------------------------------
\1\Improper Payments: Information on Agencies' Fiscal Year 2024
Estimates, U.S. Government Accountability Office. March 11, 2025.
\2\Payment Integrity Journal. Bureau of the Fiscal Service. Winter
2024.
---------------------------------------------------------------------------
However, until 2023, the DNP working system did not include
death data collected from States by the SSA, resulting in
erroneous payments issued to deceased individuals. While the
SSA manages an extensive database of death reports, they were
not permitted to share State death data with the DNP working
system. The CAA directed the SSA to enter into three-year
cooperative agreement with Treasury to share its full file of
death information with the DNP working system. This authority
began December 27, 2023, and will expire on December 27, 2026.
The first year of the data exchange was effective in
identifying, preventing, and recovering improper payments to
deceased people. The BFS reports that from December 2023 to
December 2024, the net benefit to the federal government was
$109 million. Over the course of the three-year sharing period,
the Fiscal Service projects an over $300 million reduction in
improper payments to deceased people.\3\
---------------------------------------------------------------------------
\3\Update Full Death Master File within Do Not Pay, one-pager. U.S.
Bureau of the Fiscal Service.
---------------------------------------------------------------------------
C. Legislative History
Background
H.R. 2716 was introduced on April 8, 2025, and was referred
to the Committee on Ways and Means.
Committee Hearings
The Committee on Ways and Means held the following
hearing(s) concerning the policy in H.R. 2716:
On June 25, 2025, the Committee on Ways and Means
Subcommittee on Social Security and Subcommittee on Work and
Welfare held a joint hearing with the Commissioner of Social
Security, Frank J. Bisignano. Among other things, this hearing
discussed the importance of data exchanges, including the SSA's
exchange of death data with other federal agencies for the
purposes of fighting improper payments and improving data
integrity across the federal government.
Committee Action
The Committee on Ways and Means marked up H.R. 2716, the
``Ending Improper Payments to Deceased People Act'', on
December 10, 2025, and ordered the bill, as amended, favorably
reported (with a quorum being present).
D. Designated Hearing
Pursuant to clause 3(c)(6) of rule XIII, the following
hearing was used to develop and consider H.R. 2716:
Committee on Ways and Means Subcommittee on Social Security
and Subcommittee on Work and Welfare held a joint hearing on
held a hearing with the Commissioner of Social Security, Frank
J. Bisignano.
II. EXPLANATION OF THE BILL
A. Present Law
Current law directs the Social Security Administration
(SSA) to enter into a cooperative agreement with the Department
of the Treasury's (Treasury) Do Not Pay (DNP) working system
for the purposes of sharing death records, including the death
records procured from States, to prevent improper payments to
deceased individuals for a three-year period beginning December
27, 2023 and ending December 27, 2026.
B. Reasons for Change
H.R. 2716 as amended makes permanent a proven policy that
fights improper payments to deceased individuals across the
federal government. It requires the cooperative agreement
between the SSA and Treasury's DNP working system to determine
Treasury's proportional share of costs associated with State
death data. It also includes data integrity measures to ensure
that deaths are only added to a record if the SSA has clear and
convincing evidence to support that the individual should be
presumed to be deceased. Finally, it requires the SSA to notify
other agencies accessing this data if any erroneous records
have been shared. It is the view of the Committee that if no
legislative action is taken, the SSA would not be permitted to
share its full file of death information with Treasury's DNP
working system after December 2026, which would degrade the
DNP's quality of data and allow erroneous payments to be issued
to deceased individuals.
C. Explanation of Provisions
Section 1. Short Title
Provides the short title of the bill as the ``Ending
Improper Payments to Deceased People Act''.
Section 2. Improving Coordination Between Federal and State Agencies
and the Do Not Pay Working System
Section 2 amends the CAA to direct the Commissioner of
Social Security to enter into a cooperative agreement with
Treasury's Do Not Pay working system for the purposes of
sharing death records to prevent and recover improper payments
to deceased individuals.
D. Effective Date
The bill would become effective December 27, 2026.
III. VOTES OF THE COMMITTEE
In compliance with the Rules of the House of
Representatives, the following statement is made concerning the
vote of the Committee on Ways and Means during the markup
consideration of H.R. 2716, ``Ending Improper Payments to
Deceased People Act'' on December 10, 2025.
The vote on the amendment offered by Mr. Doggett to the
amendment in the nature of a substitute to H.R. 2716, which
would require the production of indeterminate documents by the
Commissioner of Social Security was not agreed to by a roll
call vote of 16 yeas to 24 nays (with a quorum being present).
The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith (MO)..................... ...... X ......... Mr. Neal............. X ...... .........
Mr. Buchanan....................... ...... X ......... Mr. Doggett.......... X ...... .........
Mr. Smith (NE)..................... ...... X ......... Mr. Thompson......... X ...... .........
Mr. Kelly.......................... ...... X ......... Mr. Larson........... X ...... .........
Mr. Schweikert..................... ...... X ......... Mr. Davis............ X ...... .........
Mr. LaHood......................... ...... X ......... Ms. Sanchez.......... ...... ...... .........
Mr. Arrington...................... ...... X ......... Ms. Sewell........... X ...... .........
Mr. Estes.......................... ...... X ......... Ms. DelBene.......... X ...... .........
Mr. Smucker........................ ...... ...... ......... Ms. Chu.............. X ...... .........
Mr. Hern........................... ...... X ......... Ms. Moore (WI)....... X ...... .........
Mrs. Miller (WV)................... ...... X ......... Mr. Boyle............ X ...... .........
Dr. Murphy......................... ...... X ......... Mr. Beyer............ X ...... .........
Mr. Kustoff........................ ...... X ......... Mr. Evans............ ...... ...... .........
Mr. Fitzpatrick.................... ...... X ......... Mr. Schneider........ X ...... .........
Mr. Steube......................... ...... X ......... Mr. Panetta.......... X ...... .........
Ms. Tenney......................... ...... X ......... Mr. Gomez............ X ...... .........
Mrs. Fischbach..................... ...... X ......... Mr. Horsford......... X ...... .........
Mr. Moore (UT)..................... ...... X ......... Ms. Plaskett......... X ...... .........
Ms. Van Duyne...................... ...... X ......... Mr. Suozzi........... ...... ...... .........
Mr. Feenstra....................... ...... X .........
Ms. Malliotakis.................... ...... X .........
Mr. Carey.......................... ...... X .........
Mr. Yakym.......................... ...... X .........
Mr. Miller (OH).................... ...... ...... .........
Mr. Bean........................... ...... X .........
Mr. Moran.......................... ...... X .........
----------------------------------------------------------------------------------------------------------------
VOTES OF THE COMMITTEE
In compliance with the Rules of the House of
Representatives, the following statement is made concerning the
vote of the Committee on Ways and Means during the markup
consideration of H.R. 2716, the ``Ending Improper Payments to
Deceased People Act,'' on December 10, 2025.
H.R. 2716 was ordered favorably reported to the House of
Representatives as amended by a roll call vote of 40 yeas to 0
nays (with a quorum being present). The vote was as follows:
----------------------------------------------------------------------------------------------------------------
Representative Yea Nay Present Representative Yea Nay Present
----------------------------------------------------------------------------------------------------------------
Mr. Smith (MO)..................... X ...... ......... Mr. Neal............. X ...... .........
Mr. Buchanan....................... X ...... ......... Mr. Doggett.......... X ...... .........
Mr. Smith (NE)..................... X ...... ......... Mr. Thompson......... X ...... .........
Mr. Kelly.......................... X ...... ......... Mr. Larson........... X ...... .........
Mr. Schweikert..................... X ...... ......... Mr. Davis............ X ...... .........
Mr. LaHood......................... X ...... ......... Ms. Sanchez.......... ...... ...... .........
Mr. Arrington...................... X ...... ......... Ms. Sewell........... X ...... .........
Mr. Estes.......................... X ...... ......... Ms. DelBene.......... X ...... .........
Mr. Smucker........................ ...... ...... ......... Ms. Chu.............. X ...... .........
Mr. Hern........................... X ...... ......... Ms. Moore (WI)....... X ...... .........
Mrs. Miller (WV)................... X ...... ......... Mr. Boyle............ X ...... .........
Dr. Murphy......................... X ...... ......... Mr. Beyer............ X ...... .........
Mr. Kustoff........................ X ...... ......... Mr. Evans............ ...... ...... .........
Mr. Fitzpatrick.................... X ...... ......... Mr. Schneider........ X ...... .........
Mr. Steube......................... X ...... ......... Mr. Panetta.......... X ...... .........
Ms. Tenney......................... X ...... ......... Mr. Gomez............ X ...... .........
Mrs. Fischbach..................... X ...... ......... Mr. Horsford......... X ...... .........
Mr. Moore (UT)..................... X ...... ......... Ms. Plaskett......... X ...... .........
Ms. Van Duyne...................... X ...... ......... Mr. Suozzi........... ...... ...... .........
Mr. Feenstra....................... X ...... .........
Ms. Malliotakis.................... X ...... .........
Mr. Carey.......................... X ...... .........
Mr. Yakym.......................... X ...... .........
Mr. Miller (OH).................... ...... ...... .........
Mr. Bean........................... X ...... .........
Mr. Moran.......................... X ...... .........
----------------------------------------------------------------------------------------------------------------
IV. BUDGET EFFECTS OF THE BILL
A. Committee Estimate of Budgetary Effects
With respect to clause 3(d) of rule XIII of the Rules of
the House of Representatives, a cost estimate provided by the
Congressional Budget Office pursuant to section 402 of the
Congressional Budget Act of 1974 was not made available to the
Committee in time for the filing of this report.
B. Statement Regarding New Budget Authority and Tax Expenditures Budget
Authority
In compliance with clause 3(c)(2) of rule XIII of the Rules
of the House of Representatives, the Committee states that the
bill involved no new or increased budget authority. The
Committee states further that the bill involves no new or
increased tax expenditures.
C. Cost Estimate Prepared by the Congressional Budget Office
With respect to the requirements of clause 3(c)(2) of rule
XIII of the Rules of the House of Representatives and section
308(a) of the Congressional Budget Act of 1974 and with respect
to requirements of clause (3)(c)(3) of rule XIII of the Rules
of the House of Representatives and section 402 of the
Congressional Budget Act of 1974, the Committee has requested
but not received a cost estimate for this bill from the
Director of Congressional Budget Office. The Chairman of the
Committee shall cause such estimate and statement to be printed
in the Congressional Record upon its receipt by the Committee.
V. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE
A. Committee Oversight Findings and Recommendations
With respect to clause 3(c)(1) of rule XIII of the Rules of
the House of Representatives, the Committee made findings and
recommendations that are reflected in this report.
B. Statement of General Performance Goals and Objectives
With respect to clause 3(c)(4) of rule XIII of the Rules of
the House of Representatives, the Committee advises that the
bill does not authorize funding, so no statement of general
performance goals and objectives is required.
C. Information Relating to Unfunded Mandates
This information is provided in accordance with section 423
of the Unfunded Mandates Reform Act of 1995 (Pub. L. No. 104-
4).
The Committee has determined that the bill does not contain
Federal mandates on the private sector. The Committee has
determined that the bill does not impose a Federal
intergovernmental mandate on State, local, or tribal
governments.
D. Congressional Earmarks, Limited Tax Benefits, and Limited Tariff
Benefits
With respect to clause 9 of rule XXI of the Rules of the
House of Representatives, the Committee has carefully reviewed
the provisions of the bill, and states that the provisions of
the bill do not contain any congressional earmarks, limited tax
benefits, or limited tariff benefits within the meaning of the
rule.
E. Duplication of Federal Programs
In compliance with clause 3(c)(5) of rule XIII of the Rules
of the House of Representatives, the Committee states that no
provision of the bill establishes or reauthorizes: (1) a
program of the Federal Government known to be duplicative of
another Federal program; (2) a program included in any report
from the Government Accountability Office to Congress pursuant
to section 21 of Public Law 111-139; or (3) a program related
to a program identified in the most recent Catalog of Federal
Domestic Assistance, published pursuant to the Federal Program
Information Act (Pub. L. No. 95-220, as amended by Pub. L. No.
98-169).
VI. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED
A. Changes in Existing Law Proposed by the Bill, as Reported
Pursuant to clause 3(e) of rule XIII of the Rules of the
House of Representatives, changes in existing law made by the
bill, as reported, are shown as follows.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in 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).
(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.
(C)(i) An individual who is entitled to or is an applicant
for a benefit under this title, title VIII, or title XVI, who
has attained 18 years of age or is an emancipated minor, may,
at any time, designate one or more other individuals to serve
as a representative payee for such individual in the event that
the Commissioner of Social Security determines under
subparagraph (A) that the interest of such individual would be
served by certification for payment of such benefits to which
the individual is entitled to a representative payee. If the
Commissioner of Social Security makes such a determination with
respect to such individual at any time after such designation
has been made, the Commissioner shall--
(I) certify payment of such benefits to the
designated individual, subject to the requirements of
paragraph (2); or
(II) if the Commissioner determines that
certification for payment of such benefits to the
designated individual would not satisfy the
requirements of paragraph (2), that the designated
individual is unwilling or unable to serve as
representative payee, or that other good cause exists,
certify payment of such benefits to another individual
or organization, in accordance with paragraph (1).
(ii) An organization may not be designated to serve as a
representative payee under this subparagraph.
(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),
(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,
and
(VII) determine whether such person has been
convicted (and not subsequently exonerated), under
Federal or State law, of a felony provided under clause
(iv), or of an attempt or a conspiracy to commit such a
felony.
(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.
(iv) The felony crimes provided under this clause, whether an
offense under State or Federal law, are the following:
(I) Human trafficking, including as prohibited under
sections 1590 and 1591 of title 18, United States Code.
(II) False imprisonment, including as prohibited
under section 1201 of title 18, United States Code.
(III) Kidnapping, including as prohibited under
section 1201 of title 18, United States Code.
(IV) Rape and sexual assault, including as prohibited
under sections 2241, 2242, 2243, and 2244 of title 18,
United States Code.
(V) First-degree homicide, including as prohibited
under section 1111 of title 18, United States Code.
(VI) Robbery, including as prohibited under section
2111 of title 18, United States Code.
(VII) Fraud to obtain access to government
assistance, including as prohibited under sections 287,
1001, and 1343 of title 18, United States Code.
(VIII) Fraud by scheme, including as prohibited under
section 1343 of title 18, United States Code.
(IX) Theft of government funds or property, including
as prohibited under section 641 of title 18, United
States Code.
(X) Abuse or neglect, including as prohibited under
sections 111, 113, 114, 115, 116, or 117 of title 18,
United States Code.
(XI) Forgery, including as prohibited under section
642 and chapter 25 (except section 512) of title 18,
United States Code.
(XII) Identity theft or identity fraud, including as
prohibited under sections 1028 and 1028A of title 18,
United States Code.
The Commissioner of Social Security may promulgate regulations
to provide for additional felony crimes under this clause.
(v)(I) For the purpose of carrying out the activities
required under subparagraph (B)(i) as part of the investigation
under subparagraph (A)(i), the Commissioner may conduct a
background check of any individual seeking to serve as a
representative payee under this subsection and may disqualify
from service as a representative payee any such individual who
fails to grant permission for the Commissioner to conduct such
a background check.
(II) The Commissioner may revoke certification of payment of
benefits under this subsection to any individual serving as a
representative payee on or after January 1, 2019 who fails to
grant permission for the Commissioner to conduct such a
background check.
(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,
(V) such person is a person described in section
202(x)(1)(A)(iv),
(VI) except as provided in clause (vi), such person
has previously been convicted (and not subsequently
exonerated) as described in subparagraph (B)(i)(VII),
or
(VII) such person's benefits under this title, title
VIII, or title XVI are certified for payment to a
representative payee during the period for which the
individual's benefits would be certified for payment to
another person.
(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.
(vi)(I) With respect to any person described in subclause
(II)--
(aa) subparagraph (B)(i)(VII) shall not apply; and
(bb) the Commissioner may grant an exemption from the
provisions of clause (i)(VI) if the Commissioner
determines that such exemption is in the best interest
of the individual entitled to benefits.
(II) A person is described in this subclause if the person--
(aa) is the custodial parent of a minor child for
whom the person applies to serve;
(bb) is the custodial spouse of the beneficiary for
whom the person applies to serve;
(cc) is the custodial parent of a beneficiary who is
under a disability (as defined in section 223(d)) which
began before the beneficiary attained the age of 22,
for whom the person applies to serve;
(dd) is the custodial court appointed guardian of the
beneficiary for whom the person applies to serve;
(ee) is the custodial grandparent of a minor
grandchild for whom the person applies to serve;
(ff) is the parent who was previously representative
payee for his or her minor child who has since turned
18 and continues to be eligible for such benefit; or
(gg) received a presidential or gubernatorial pardon
for the relevant conviction.
(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)(i) Subparagraph (A) shall not apply in any case
where the other person to whom such payment is made
is--
(I) a parent, or other individual who
is a legal guardian of, a minor child
entitled to such payment who primarily
resides in the same household;
(II) a parent of an individual
entitled to such payment who is under a
disability (as defined in section
223(d)) who primarily resides in the
same household; or
(III) the spouse of the individual
entitled to such payment.
(ii) The Commissioner of Social Security
shall establish and implement procedures as
necessary for the Commissioner to determine the
eligibility of such parties for the exemption
provided in clause (i). The Commissioner shall
prescribe such regulations as may be necessary
to determine eligibility for such exemption.
(E) Notwithstanding subparagraphs (A), (B), (C), and (D), 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.
(F) In any case in which the person described in subparagraph
(A) or (E) receiving payments on behalf of another fails to
submit a report required by the Commissioner of Social Security
under subparagraph (A) or (E), 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.
(G) 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).
(H) 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) 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));
(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; or
(iv) the representative payee collects a fee for its
services.
The Commissioner shall also conduct periodic onsite reviews of
individual and organizational payees, including payees who are
related to the beneficiary and primarily reside in the same
household, selected on the basis of risk-factors for potential
misuse or unsuitability associated with such payees or
beneficiaries.
(C)(i) The Commissioner of Social Security shall make annual
grants directly to the protection and advocacy system serving
each of the States and the American Indian consortium for the
purpose of conducting reviews of representative payees in
accordance with this subparagraph. The total amount used by the
Commissioner for such grants each year--
(I) shall be an amount sufficient, as determined by
the Commissioner in consultation with each of the
protection and advocacy systems, to carry out all of
the activities described in clause (ii); and
(II) shall not be less than $25,000,000.
(ii) A protection and advocacy system awarded a grant under
this subparagraph shall use the grant funds to--
(I) conduct all periodic onsite reviews pursuant to
this paragraph and such other reviews of representative
payees as the Commissioner may request, including
reviews conducted in response to allegations or
concerns about the performance or suitability of the
payee;
(II) conduct additional reviews that the protection
and advocacy system has reason to believe are
warranted;
(III) develop corrective action plans to assist
representative payees in conforming to requirements
specified by the Commissioner;
(IV) submit a report to the Commissioner on each
completed review containing such information as the
Commissioner shall require; and
(V) conduct an initial onsite assessment of any
organization that begins collecting a fee for its
services as a representative payee to ensure that such
organization is established as such a representative
payee in accordance with requirements specified by the
Commissioner.
A protection and advocacy system may refer beneficiaries to
other programs or services as the protection and advocacy
system considers appropriate.
(iii) To be eligible to receive grants under this section, a
protection and advocacy system shall submit an initial
application to the Commissioner at such time, in such form and
manner, and accompanied by such information and assurances as
the Commissioner may require.
(iv)(I) Subject to subclause (II), the Commissioner shall
ensure that any funds used for grants under clause (i) shall be
allocated to the protection and advocacy systems serving each
of the States and the American Indian consortium in a manner
such that the amount provided to each protection and advocacy
system bears the same ratio to the total of such funds as the
number of represented beneficiaries in the State or American
Indian consortium in which such protection and advocacy system
is located bears to the total number of represented
beneficiaries.
(II) The amount of an annual grant to a protection and
advocacy system under clause (i) shall--
(aa) in the case of a protection and advocacy system
serving American Samoa, Guam, the United States Virgin
Islands, or the Commonwealth of the Northern Mariana
Islands, or the American Indian consortium, not be less
than $30,000; and
(bb) in the case of a protection and advocacy system
serving any other State, not be less than $60,000.
(III) Funds provided to a protection and advocacy system
through a grant under clause (i) for a 1-year period shall
remain available through the end of the following 1-year
period.
(IV) For purposes of this clause, the term ``represented
beneficiary'' means an individual--
(aa) who is entitled to benefits under this title,
title VIII, or title XVI; and
(bb) whose benefits have been certified for payment
to a representative payee.
(v)(I) The Commissioner shall make annual grants, in an
amount equal to 4 percent of the total amount of grants awarded
each year under clause (i), to an eligible national association
for the provision of training and technical assistance,
administrative support, and data collection services to
protection and advocacy systems in connection with grants
awarded under clause (i).
(II) In this clause, the term ``eligible national
association'' means a national disability association with
extensive knowledge and demonstrated experience in providing
training, technical assistance, and administrative oversight to
protection and advocacy systems that monitor representative
payees.
(vi) In conducting reviews under this section, a protection
and advocacy system shall have the same authorities, including
access to records, facilities, and persons, as such system
would have for purposes of providing services under subtitle C
of title I of the Developmental Disabilities Assistance and
Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.).
(vii) Whenever benefit amounts under this title are increased
by any percentage effective with any month after November 2018
as a result of a determination made under section 215(i), each
of the dollar amounts specified in clauses (i)(II) and (iv)(II)
shall be increased by the same percentage.
(viii) No additional funds are authorized to be appropriated
to carry out the requirements of this subparagraph. Such
requirements shall be carried out using amounts otherwise
authorized.
(ix) In this subparagraph:
(I) The term ``American Indian consortium'' means a
consortium established under subtitle C of title I of
the Developmental Disabilities Assistance and Bill of
Rights Act of 2000 (42 U.S.C. 15041 et seq.).
(II) The term ``protection and advocacy system''
means a protection and advocacy system established
under subtitle C of title I of the Developmental
Disabilities Assistance and Bill of Rights Act of 2000
(42 U.S.C. 15041 et seq.).
(III) The term ``State'' means the several States of
the United States, the District of Columbia, the
Commonwealth of Puerto Rico, the United States Virgin
Islands, Guam, American Samoa, and the Commonwealth of
the Northern Mariana Islands.
(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.
(11)(A) The Commissioner of Social Security shall--
(i) enter into agreements with each State with a plan
approved under part E of title IV for the purpose of
sharing and matching data, on an automated monthly
basis, in the system of records of the Social Security
Administration with each Statewide and Tribal Automated
Child Welfare Information System to identify
represented minor beneficiaries who are in foster care
under the responsibility of the State for such month;
and
(ii) in any case in which a represented minor
beneficiary has entered or exited foster care or
changed foster care placement in such month,
redetermine the appropriate representative payee for
such individual.
(B) For purposes of this paragraph--
(i) the term ``State'' has the meaning given such
term for purposes of part E of title IV;
(ii) the term ``Statewide and Tribal Automated Child
Welfare Information System'' means a statewide
mechanized data collection and information retrieval
system described in section 474(a)(3)(C); and
(iii) the term ``represented minor beneficiary'',
with respect to an individual for a month, means a
child (as defined for purposes of section 475(8))
entitled to benefits under this title for such month
whose benefits are certified for payment to a
representative payee.
(12)(A) Not later than January 31 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 total number of individuals entitled
to benefits under titles II, VIII, and XVI, respectively, (and
the number of individuals concurrently entitled to benefits
under more than one such title) who have a representative
payee, the total number of such representative payees, and the
results of all reviews of representative payees conducted
during the previous fiscal year in connection with benefits
under this title, title VIII, or title XVI. Such report shall
summarize problems identified in such reviews and corrective
actions 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 reviews conducted in response to
allegations or concerns about the performance or
suitability of the payee;
(v) the number of cases discovered in which there was
a misuse of funds, and the total dollar amount of
benefits determined by the Commissioner during such
fiscal year to have been misused by a representative
payee (regardless of the fiscal year in which such
misuse occurred);
(vi) the number of cases discovered in which such
misuse of funds resulted from the negligent failure of
the Commissioner to investigate or monitor a
representative payee;
(vii) the final disposition of such cases of misuse
of funds, including--
(I) any criminal, civil, and administrative
penalties imposed;
(II) the total dollar amount of misused
benefits repaid to beneficiaries and
alternative representative payees under each
of--
(aa) paragraph (5) (on the basis of a
negligent failure of the Commissioner
described in such paragraph);
(bb) paragraph (5) (on any other
basis); and
(cc) paragraph (7);
(III) the total dollar amount of misused
benefits recovered under each of--
(aa) paragraph (5); and
(bb) paragraph (7);
(viii) any updates to prior year reports necessary to
reflect subsequent recoveries and repayments pertaining
to misuse determinations made in prior years; and
(ix) such other information as the Commissioner deems
appropriate.
(B) Each report required under this paragraph for a fiscal
year shall include the information described in clauses (i)
through (ix) of subparagraph (A) with respect to--
(i) all representative payees reviewed during such
fiscal year;
(ii) all such representative payees that are
organizations, separated by whether such organization
collects a fee for its services as a representative
payee;
(iii) all such representative payees that are
individuals serving 15 or more individuals; and
(iv) all such representative payees that are
individuals serving less than 15 individuals, separated
by whether such representative payee is a family
member.
(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)(A) 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 shall be paid by the Commissioner of Social Security
for the following:
(i) A fee, to be established pursuant to
subparagraph (B), for the use of such
information by--
(I) the Commissioner; and
(II) any other agency that receives
such information from the Commissioner
and is subject to the requirements of
subparagraph (3)(A).
(ii) The full documented cost to the State of
transmitting such information to the
Commissioner, including the costs of
maintaining, enhancing, and operating any
electronic system used solely for transmitting
such information to the Commissioner.
(B) The fee for the use of such information shall be
established by the Commissioner of Social Security in
consultations with the States, and shall include--
(i) a share of the costs to the State
associated with collecting and maintaining such
information; ensuring the completeness,
timeliness, and accuracy of such information;
and maintaining, enhancing, and operating the
electronic systems that allow for the
transmission of such information; and
(ii) a fee for the right to use such
information.
(C) The Commissioner of Social Security shall not use
amounts provided for a fiscal year in an appropriation
Act under the heading ``Limitation on Administrative
Expenses'' for the Social Security Administration for
the amounts under paragraph (3)(A), except as the
Commissioner determines is necessary on a temporary
basis and subject to reimbursement under such
paragraph.
(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--
(i) the agency's proportional share (as
determined by the Commissioner in consultation
with the head of the agency) of--
(I) the payments to States required
under paragraph (2)(A);
(II) the costs to the Commissioner of
developing the contracts described in
paragraph (1); and
(III) the costs to the Commissioner
of carrying out the study required
under section 802 of division FF of the
Consolidated Appropriations Act, 2021;
and
(ii) the full documented cost to the
Commissioner of developing such arrangement and
transmitting such information to the agency;
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 all information regarding deceased individuals
furnished to or maintained by the Commissioner under this
subsection, 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 a Federal
or State agency, provided that the requirements of
subparagraphs (A) and (B) of paragraph (3) are met.
(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) In the event an individual is incorrectly
identified as deceased in the records furnished by a
State to the Commissioner of Social Security under this
subsection and the individual provides the Commissioner
with the necessary documentation to correct such
identification, the Commissioner may--
(A) notify the State of the error in the
records so furnished; [and]
(B) inform the individual of the source of
the incorrect death data[.]; and
(C) notify any agency that has a cooperative
arrangement with the Commissioner of Social
Security under paragraph (3) or (11) of the
error.
(8) 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.
(9)(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.
(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 Commissioner
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.
(10)(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, provided that
the requirements of subparagraphs (A) and (B) of
paragraph (3) are met with respect to such agreement;
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.
[(11) During the 3-year period that begins on the
effective date of this paragraph, the Commissioner of
Social Security shall, to the extent feasible, provide
information furnished to the Commissioner under
paragraph (1) to the agency operating the Do Not Pay
working system described in section 3354(c) of title
31, United States Code, to prevent improper payments to
deceased individuals through a cooperative arrangement
with such agency, provided that the requirements of
subparagraphs (A) and (B) of paragraph (3) are met with
respect to such arrangement with such agency.]
(11) The Commissioner of Social Security shall, to
the extent feasible, provide information furnished to
the Commissioner under paragraph (1) to the agency
operating the Do Not Pay working system described in
section 3354(c) of title 31, United States Code, for
the authorized uses of the Do Not Pay working system to
help prevent improper payments of, and support the
recovery of improperly paid, benefits or other payments
through a cooperative arrangement with such agency,
provided that the requirements of subparagraphs (A) and
(B) of paragraph (3) are met with respect to such
arrangement with such agency. The Commissioner of
Social Security and the agency operating the Do Not Pay
working system shall, while the data described in the
preceding sentence is being provided to the agency
operating the Do Not Pay working system, enter into an
agreement based upon an agreed upon methodology, which
covers the proportional share of State death data
costs, which the Commissioner of Social Security and
the agency operating the Do Not Pay working system may
periodically review.
(12) The Commissioner of Social Security may not
record a death to a record that may be provided under
this section for any individual unless the Commissioner
of Social Security has found it has clear and
convincing evidence to support that the individual
should be presumed to be deceased.
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.
* * * * * * *
VII. ADDITIONAL VIEWS
Every American should be concerned with the protection and
use of their private data housed throughout the federal
government, including at the Social Security Administration
(SSA). Alarmingly, the Trump Administration has repeatedly
invaded, manipulated, and misused the public's personal Social
Security data. Earlier this year, the Trump Administration
listed living people as dead in SSA's files--a cruel attack on
immigrants that the Administration reportedly undid only after
public outcry. The Trump Administration has also reportedly
entered into a secretive partnership with Palantir
Technologies, Inc. to build a vast database on every American
that includes confidential data at SSA, and that has been the
subject of a shocking whistleblower complaint by SSA's former
Chief Data Officer, alleging that the Administration may have
copied highly sensitive Social Security data on over 300
million people from secure federal databases into a vulnerable
cloud environment. More recently, at the Trump Administration's
direction, SSA began providing the Department of Homeland
Security's Systematic Alien Verification for Entitlements
(SAVE) system with highly confidential SSN records. The
sweeping agreement allows the use of SSA data to check voters'
citizenship, despite the fact that SSA's files include out-of-
date, incomplete citizenship information (especially for
naturalized citizens) and the SAVE system appears to lack
proper due process for individuals to correct mismatches or
errors.
By permanently requiring SSA to share its death records
with the Department of Treasury's Do Not Pay system, H.R. 2716
will help prevent improper payments in other Federal programs--
a goal Ways and Means Democrats support. The Amendment in the
Nature of a Substitute added a provision to prevent the SSA
Commissioner from recording a death unless there is evidence
the individual is deceased. It is appalling that the Trump
Administration's unconscionable weaponization of Social
Security necessitates this provision, listing thousands of
living people as dead in SSA's death records, threatening their
financial livelihood and their ability to pursue the American
dream. SSA must abide by this new prohibition. The legislation
also requires the Do Not Pay system to reimburse SSA and State
agencies for its use of death records the States collect and
provide to SSA. It is essential that the Do Not Pay system
fully reimburse both SSA and State agencies for their costs and
use of the data by Do Not Pay.
To help protect the public's confidential data,
Representative Doggett (D-TX) offered an amendment to H.R. 2716
to require SSA to provide to the House all records and
communications pertaining to SSA's sharing of data with
Palantir for the purposes of developing a centralized database
of Americans' private, confidential information. A database of
this vast nature could enable the Trump Administration to
target opponents and manipulate others. Ways and Means
Democrats are fighting to protect Americans from having their
personal Social Security information exploited, politicized, or
bought and sold to the highest bidder. The Majority voted to
reject this amendment, allowing the Trump Administration to
hide in the darkness from the public and Congress, unchecked as
it rifles through the American people's data.
Richard E. Neal,
Ranking Member.
ADDITIONAL VIEWS
Thank you, Ranking Member Neal and thank you Mr. Chairman
and thank everybody who worked on this bill. And as the
chairman pointed out as it's come over from the Senate now and
amended, and on its face of course, I think everything the
Chairman said is valid except as I was saying earlier on the
previous bill, we all know what's missing here. We all know
what's going on. In February of this year, the Administration
forced out the Acting Commissioner of Social Security because
Michelle King wouldn't grant `DOGE' access to SSA's database,
which contained the personal information of every American.
We then asked that Mr. Musk and `DOGE' come before this
Committee. It wasn't granted. So, we followed rule 13, clause
seven, and asked for a Resolution of Inquiry. It was granted,
but Mr. Musk never showed up, and the resolution was defeated.
And then, in fact, you guys did away with that resolution--what
the minority has in the ability to call people before this
Committee to get essential answers about what they're doing to
every single American, looking at their personal data and
information. Why do they need that? What did Mr. Musk have in
mind with that? Was it just because of curiosity? Why is it
being placed in an insecure cloud, where previously these were
protected?
It's why Michelle King stepped down from her position
because she would not grant access by `DOGE' to be able to go
over every single person in this country's data and
information. The new, hand-picked Acting Commissioner opened
the floodgates and let `DOGE' into the agency and into every
American's personal information. As I said before, we
introduced a Resolution of Inquiry, but that was turned down.
Apparently, Elon Musk and `DOGE' are above the law. They don't
have to answer to Congress. They don't have to answer to this
Committee. That's not how the American public feels, and that's
not how the New York Times or the Washington Post or CNN feels.
And that's why they all have written and editorialized about
it, and yet, still no action. In March, we also introduced bill
to stop `DOGE' from accessing [the] American people's data at
SSA and also stop this Administration from shuttering field
offices that seniors and disabled workers [rely] on. Again, no
action from the Committee. After the Supreme Court didn't stop
their behavior, we wrote you, Mr. Chairman, requesting that
this Committee hold an immediate markup on our bill to stop
`DOGE' from accessing SSA data.
And again, we heard nothing. Fast forward to August. A
whistleblower comes forward and says that `DOGE' has copied the
personal and confidential information of every single American
to a vulnerable and insecure cloud. Mr. Chairman, we need to
have `DOGE' in front of us. We need to have Elon Musk come
before this Committee and answer why it is. And if this
Committee won't do it, maybe we need the press and the media
and the general public to demand of Congress what this
Committee and the United States Congress has not done. It is a
dereliction of our duty and our responsibility to the citizens
we're sworn to serve. You're going to have to answer to your
citizens when they say to you, why did you let them pore over
my personal data and records?
John B. Larson.
[all]