[House Report 118-192]
[From the U.S. Government Publishing Office]


118th Congress   }                                      {       Report
                        HOUSE OF REPRESENTATIVES
 1st Session     }                                      {      118-192

======================================================================



 
              SOCIAL SECURITY CHILD PROTECTION ACT OF 2023

                                _______
                                

 September 12, 2023.--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

                        [To accompany H.R. 3667]

      [Including cost estimate of the Congressional Budget Office]

    The Committee on Ways and Means, to whom was referred the 
bill (H.R. 3667) to amend title II of the Social Security Act 
to provide for the reissuance of social security account 
numbers to young children in cases where confidentiality has 
been compromised, having considered the same, 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.................     2
          C. Legislative History.................................     3
          D. Designated Hearing..................................     3
 II. EXPLANATION OF THE BILL..........................................3
          A. The Social Security Child Protection Act of 2023....     3
III. VOTE OF THE COMMITTEE............................................4
 IV. BUDGET EFFECTS OF THE BILL.......................................5
          A. Committee Estimate of Budgetary Effects.............     5
          B. Statement Regarding New Budget Authority and Tax 
              Expenditures Budget Authority......................     5
  V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE........5
 VI. OTHER MATTERS TO BE DISCUSSED UNDER THE RULES OF THE HOUSE......12
          A. Committee Oversight Findings and Recommendations....    12
          B. Statement of General Performance Goals and 
              Objectives.........................................    12
          C. Information Relating to Unfunded Mandates...........    12
          D. Congressional Earmarks, Limited Tax Benefits, and 
              Limited Tariff Benefits............................    12
          E. Duplication of Federal Programs.....................    12
VII. CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED...........13
      The amendment is as follows:
      Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

  This Act may be cited as the ``Social Security Child Protection Act 
of 2023''.

SEC. 2. REISSUANCE OF SOCIAL SECURITY ACCOUNT NUMBERS TO YOUNG CHILDREN 
                    IN CASES WHERE CONFIDENTIALITY HAS BEEN 
                    COMPROMISED.

  (a) In General.--Section 205(c)(2)(B) of the Social Security Act (42 
U.S.C. 405(c)(2)(B)) is amended--
          (1) by redesignating clause (iii) as clause (iv); and
          (2) by inserting after clause (ii) the following new clause:
  ``(iii) In any case in which a social security account number has 
been issued to a child who has not attained the age of 14 pursuant to 
subclause (IV) or (V) of clause (i) and it is demonstrated by evidence, 
as determined by the Commissioner of Social Security, and submitted 
under penalty of perjury to the Commissioner by a parent or guardian of 
the child that in the course of transmission of the social security 
card to the child, the confidentiality of such number has been 
compromised by reason of loss or theft of such social security card, 
the Commissioner shall issue a new social security account number to 
such child and make note in the records maintained with respect to such 
child of the pertinent information received by the Commissioner 
regarding the loss or theft of the social security card.''.
  (b) Effective Date.--The amendments made by subsection (a) shall take 
effect on the date that is 180 days after the date of the enactment of 
this Act.

                       I. SUMMARY AND BACKGROUND


                         A. Purpose and Summary

    The bill, H.R. 3667, the ``Social Security Child Protection 
Act of 2023,'' as ordered reported by the Committee on Ways and 
Means on June 7, 2023, amends Title II of the Social Security 
Act to direct the Commissioner of Social Security 
(Commissioner) to issue a new Social Security number (SSN) to a 
child under the age of 14 when that child's parent or guardian 
has provided sufficient evidence, as determined by the 
Commissioner and under penalty of perjury, that the child's 
Social Security card has been lost or stolen while being mailed 
to his or her address.

                 B. Background and Need for Legislation

    Identity theft is a serious issue affecting millions of 
Americans. In 2022, there were more than 1,800 reported data 
breaches, more than 1,100 of which included SSNs.\1\ According 
to a recent survey, roughly 1.25 million children were the 
victims of identity fraud in the past year.\2\
---------------------------------------------------------------------------
    \1\2022 Data Breach Report, Identity Theft Resource Center (January 
2023).
    \2\Child Identity Fraud: A Web of Deception and Loss, Javelin 
Strategy & Research, at page 9 (November 2021).
---------------------------------------------------------------------------
    The SSN is an increasingly attractive target for thieves 
and fraudsters due to its widespread use as an identifier and 
authenticator in the public and private sectors. Children are 
particularly vulnerable to the misuse of their SSNs because 
they do not work, drive, or establish credit--thereby extending 
the time an identity thief can misuse the child's SSN before 
becoming noticed or causing harm. The time between theft of an 
SSN and its misuse can be many years, and child victims of 
identity theft often learn of the theft--or are harmed from SSN 
misuse--years after.
    The SSA's existing policy only allows for the assignment of 
a new SSN in limited circumstances, including identity theft 
and abuse or harassment. However, in the case of identity 
theft, current SSA policy generally requires a numberholder to 
show both that their SSN has been misused by a third party and 
that this misuse has resulted in harm to the numberholder. 
Generally, this harm must have occurred within two years of the 
application for a new SSN.
    The Social Security Child Protection Act of 2023 (H.R. 
3667) protects children under the age of 14 whose Social 
Security cards have been stolen or lost in the mail by allowing 
them to receive a new SSN without having to wait for harm to 
occur from that SSN's misuse.

                         C. Legislative History


Background

    H.R. 3667 was introduced on May 25, 2023, and was referred 
to the Committee on Ways and Means.

Committee hearings

    On May 24, 2023, the Ways and Means Committee Subcommittee 
on Social Security held a hearing on ``The Social Security 
Administration's Role in Combatting Identity Fraud.'' The 
hearing highlighted the harm that identity fraud and the misuse 
of SSNs causes to children and families. The hearing also 
discussed the responsibility of the SSA to do more to protect 
Americans from SSN-related identity theft. The Subcommittee 
heard testimony from a mother of three who explained her 
frustrating, three-month ordeal trying to resolve an issue with 
the SSA after her newborn daughter's Social Security card was 
lost in the mail.

Committee action

    The Committee on Ways and Means marked up H.R. 3667, the 
Social Security Child Protection Act of 2023, on June 7, 2023, 
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. 3667:
          Committee on Ways and Means Subcommittee on Social 
        Security hearing which took place on May 24, 2023, 
        entitled: ``The Social Security Administration's Role 
        in Combatting Identity Fraud.''

                      II. EXPLANATION OF THE BILL


          A. The Social Security Child Protection Act of 2023


                              PRESENT LAW

    Current law does not require the SSA to issue, or prohibit 
the SSA from issuing, a new SSN to a current numberholder. 
However, before the SSA will issue a new SSN, current SSA 
policy requires a numberholder to not only show that his or her 
SSN has been misused by a third party, but also that this 
misuse caused actual harm or disadvantage to the numberholder.

                           REASONS FOR CHANGE

    Children are particularly vulnerable to SSN theft because 
they do not work, drive, or establish credit--thereby extending 
the time an identity thief can misuse the child's SSN before 
being noticed or causing harm. In the case of identity theft, 
current SSA policy generally requires a person to show both 
that their SSN has been misused by a third party and that this 
misuse has resulted in harm to the numberholder. This harm is 
generally required to have occurred within two years of 
applying for a new SSN. It is the view of the Committee that if 
a child's Social Security card has been lost or stolen in the 
course of transmission, that child should not have to wait to 
be harmed by the misuse of that SSN before a new SSN can be 
issued.

                       EXPLANATION OF PROVISIONS

    Section 1 provides the short title of the bill as the 
``Social Security Child Protection Act of 2023.''
    Section 2 requires the SSA to issue a new SSN to a child 
under the age of 14 when that child's parent or guardian has 
provided sufficient evidence, as determined by the Commissioner 
of Social Security and under the penalty of perjury, that the 
child's Social Security card has been lost or stolen while 
being transmitted to the child.

                             EFFECTIVE DATE

    The bill would become effective 180 days following the date 
of enactment.

                       III. VOTE 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. 3667, the ``Social Security Child 
Protection Act of 2023'' on June 7, 2023.
    H.R. 3667 was ordered favorably reported to the House of 
Representatives as amended by a roll call vote of 43 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. Blumenauer...        X   ........  .........
Mr. LaHood.....................        X   ........  .........  Mr. Pascrell.....        X   ........  .........
Dr. Wenstrup...................        X   ........  .........  Mr. Davis........        X   ........  .........
Mr. Arrington..................        X   ........  .........  Ms. Sanchez......        X   ........  .........
Dr. Ferguson...................        X   ........  .........  Mr. Higgins......        X   ........  .........
Mr. Estes......................        X   ........  .........  Ms. Sewell.......        X   ........  .........
Mr. Smucker....................        X   ........  .........  Ms. DelBene......        X   ........  .........
Mr. Hern.......................        X   ........  .........  Ms. Chu..........        X   ........  .........
Ms. Miller.....................        X   ........  .........  Ms. Moore........        X   ........  .........
Dr. Murphy.....................        X   ........  .........  Mr. Kildee.......        X   ........  .........
Mr. Kustoff....................        X   ........  .........  Mr. Beyer........        X   ........  .........
Mr. Fitpatrick.................        X   ........  .........  Mr. Evans........        X   ........  .........
Mr. Steube.....................        X   ........  .........  Mr. Schneider....        X   ........  .........
Ms. Tenney.....................        X   ........  .........  Mr. Panetta......        X   ........  .........
Mrs. Fischbach.................        X   ........  .........
Mr. Moore......................        X   ........  .........
Mrs. Steel.....................        X   ........  .........
Ms. Van Duyne..................        X   ........  .........
Mr. Feenstra...................        X   ........  .........
Ms. Malliotakis................        X   ........  .........
Mr. Carey......................        X   ........  .........
----------------------------------------------------------------------------------------------------------------

                     IV. BUDGET EFFECTS OF THE BILL


               A. Committee Estimate of Budgetary Effects

    In compliance with clause 3(d) of rule XIII of the Rules of 
the House of Representatives, the following statement is made 
concerning the effects on the budget of the bill, H.R. 3667, as 
reported. The estimate prepared by the Congressional Budget 
Office (CBO) is included below.

B. Statement Regarding New Budget Authority and Tax Expenditures Budget 
                               Authority

    In compliance with clause 3(c)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee states that the 
bill involves no new or increased budget authority. The 
Committee states further that the bill involves no new or 
increased tax expenditures.

      V. COST ESTIMATE PREPARED BY THE CONGRESSIONAL BUDGET OFFICE

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, requiring a cost estimate 
prepared by the CBO, the following statement by CBO is 
provided.

[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]


    Bill summary: On June 7, 2023, the Committee on Ways and 
Means ordered nine bills to be reported. This document provides 
estimates for each piece of legislation.
    Generally, the legislation would:
     Permanently establish what is known as a safe 
harbor, which allows high-deductible health plans to provide 
telehealth services without making participants ineligible to 
use health savings accounts;
     Modify certain reporting requirements for 
employers and codify existing regulations or guidance related 
to employment-based health insurance coverage;
     Designate certain airports as ports of entry if 
they are within 30 miles of the southern or northern border of 
the United States; and
     Require the Social Security Administration (SSA) 
to take certain actions in the event of loss or misuse of a 
Social Security number.
    Estimated Federal cost: The estimated direct spending and 
revenue effects of the legislation are shown in Table 1. The 
costs of the legislation fall within budget functions 650 
(Social Security), 750 (administration of justice), and 800 
(general government).
    Basis of estimate: For this estimate, CBO assumes that each 
bill will be enacted late in fiscal year 2023 and that spending 
of appropriated amounts will begin in fiscal year 2024. The 
Congressional Budget Act of 1974, as amended, stipulates that 
revenue estimates provided by the staff of the Joint Committee 
on Taxation (JCT) will be the official estimates for all tax 
legislation considered by the Congress. CBO, therefore, 
incorporates those estimates into its cost estimates of the 
effects of legislation.
    Direct spending: CBO estimates that one bill of the nine 
would affect direct spending: H.R. 3796 would designate as 
ports of entry certain airports within 30 miles of the southern 
or northern border of the United States. Under current law, 
Customs and Border Protection (CBP) collects customs user fees, 
including immigration user fees and fees collected under the 
Consolidated Omnibus Budget Reconciliation Act (COBRA), at 
designated ports of entry. Those fees, which are deposited into 
the Treasury as offsetting receipts, are classified as direct 
spending. CBO expects that fewer than five airports would be 
designated as ports of entry under the bill and that the 
increase in collections of customs user fees under the bill 
would be small.
    Therefore, CBO estimates that enacting H.R. 3796 would 
reduce net direct spending by less than $500,000 over the 2023-
2033 period.

  TABLE 1.--ESTIMATED EFFECTS ON DIRECT SPENDING AND REVENUES OF HEALTH CARE AND OTHER LEGISLATION ORDERED REPORTED BY THE  HOUSE COMMITTEE ON WAYS AND
                                                                  MEANS ON JUNE 7, 2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                          By fiscal year, millions of dollars--
                                ------------------------------------------------------------------------------------------------------------------------
                                   2023     2024     2025     2026     2027     2028     2029     2030     2031     2032     2033   2023-2028  2023-2033
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                            DECREASES (-) IN DIRECT SPENDING
 
H.R. 3796, a bill to provide for the extension of taxes funding the Airport and Airway Trust Fund and to require the designation of certain airports as
 ports of entry:
    Estimated Budget Authority.        0        *        *        *        *        *        *        *        *        *        *         *          *
    Estimated Outlays..........        0        *        *        *        *        *        *        *        *        *        *         *          *
 
                                                                DECREASES (-) IN REVENUES
 
H.R. 1843, the Telehealth Expansion Act of 2023:
    Estimated Revenues.........        0        0     -225     -386     -471     -555     -605     -642     -681     -722     -766    -1,636     -5,053
        On-Budget..............        0        0     -167     -293     -359     -422     -460     -487     -516     -547     -580    -1,240     -3,831
        Off-Budget.............        0        0      -58      -93     -112     -133     -145     -155     -165     -175     -186      -396     -1,222
 
H.R. 3801, the Employer Reporting Improvement Act:
    Estimated Revenues.........        0        0        *        *        *        *        *        *        *        *        *         *          *
--------------------------------------------------------------------------------------------------------------------------------------------------------
Sources: Congressional Budget Office; staff of the Joint Committee on Taxation.
Components may not sum to totals because of rounding; * = between -$500,000 and zero.
Off-budget effects reflect decreases in payroll taxes for Social Security.

    Revenues: CBO and JCT estimate that two bills would affect 
revenues over the 2023-2033 period. A third (H.R. 3796) would 
affect revenues; for reasons described below, those effects are 
not included in the cost estimate.
    H.R. 1843, the Telehealth Expansion Act of 2023, would 
permanently establish a safe harbor, allowing high-deductible 
health plans to provide telehealth and other remote care 
services without making participants ineligible to use health 
savings accounts. A safe-harbor provision is currently in 
effect for calendar years 2020 through 2024. Subject to certain 
limits, contributions made by an individual to a health savings 
account are deductible for income tax purposes, and 
contributions made through a cafeteria plan are excludible from 
income for both income and payroll tax purposes. JCT estimates 
that the permanent extension would reduce revenues by $5.1 
billion over the 2023-2033 period. That reduction includes a 
$3.8 billion reduction in on-budget revenues and a $1.2 billion 
reduction in off-budget revenues because it would affect Social 
Security payroll tax collections.
    H.R. 3801, the Employer Reporting Improvement Act, would 
establish a six-year statute of limitations on the assessment 
of penalties for violating the employer mandate for health 
insurance coverage under current law. The change would take 
effect on January 1, 2025. The bill also would allow employers 
90 days to respond to the first letter informing them of a 
proposed assessment, and it would codify employers' right to 
file reports electronically and to report an employee's date of 
birth if a tax identification number is not available. CBO and 
JCT estimate that the bill would lead to an insignificant 
decrease in collections of penalties, thus decreasing revenues 
by less than $500,000 over the 2023-2033 period.
    H.R. 3796, a bill to provide for the extension of taxes 
funding the Airport and Airway Trust Fund and to require the 
designation of certain airports as ports of entry, would extend 
certain excise taxes related to air travel, which are dedicated 
to the Airport and Airways Trust Fund (and currently scheduled 
to expire on September 30, 2023), through September 30, 2028. 
Because the Balanced Budget and Emergency Deficit Control Act 
of 1985 requires CBO's baseline projections to incorporate the 
assumption that expiring excise taxes dedicated to trust funds 
will be extended, JCT estimates that the extension would have 
no effect on revenues relative to CBO's baseline. In its 
baseline, CBO projects that collections of those taxes will 
total about $100 billion over the 2024-2028 period--the time 
covered by the extension. The bill also would newly designate 
certain airports as ports of entry, which would affect 
discretionary spending (see ``Spending Subject to 
Appropriation'').
    Legislation With No Effect on Direct Spending or Revenues: 
CBO and JCT estimate that six bills, described below, would 
have no effect on direct spending or revenues over the 2023-
2033 period.
    H.R. 3667, the Social Security Child Protection Act of 
2023, would require SSA to issue a new Social Security number 
to a child under the age of 14 if a parent can provide evidence 
that the confidentiality of the original number has been 
compromised by loss or theft.
    H.R. 3788, the Improving Social Security's Service to 
Victims of Identity Theft Act, would require SSA to provide a 
single point of contact for a person whose Social Security 
number is misused or whose card is lost.
    H.R. 3797, the Paperwork Burden Reduction Act, would codify 
existing rules of the Department of the Treasury and provide 
additional flexibility for employers when providing information 
about health insurance coverage to employees for tax-filing 
purposes.
    H.R. 3798, the Small Business Flexibility Act, would 
require the Secretary of the Treasury to notify employers of 
the availability of tax-advantaged flexible health insurance 
benefits, with an initial focus on small businesses.
    H.R. 3799, the Custom Health Option and Individual Care 
Expense Arrangement Act (or CHOICE Arrangement Act), would 
codify a regulation that expands the use of health 
reimbursement arrangements by allowing employers to provide 
funds to employees through individual coverage health 
reimbursement arrangements. Those arrangements permit workers 
to purchase health insurance through the nongroup market rather 
than receiving coverage through traditional employment-based 
health insurance.\1\
---------------------------------------------------------------------------
    \1\See Health Reimbursement Arrangements and Other Account-Based 
Group Health Plans, 84 Fed. Reg. 28, 888 (June 20, 2019) (to be 
codified at 26 C.F.R. pts. 1 and 54; 29 C.F.R. pts. 2510 and 2590; and 
45 C.F.R. pts. 148, 146, 147, and 155).
---------------------------------------------------------------------------
    H.R. 3800, the Chronic Disease Flexible Coverage Act, would 
codify existing Internal Revenue Service guidance, which states 
that treatment of chronic diseases is considered preventive 
care. Under that guidance, high-deductible insurance plans can 
provide such coverage without making enrollees ineligible to 
participate in health savings accounts.
    Spending Subject to Appropriation: CBO estimates that all 
nine bills would increase spending subject to appropriation: 
two would do so by significant amounts (more than $500,000) and 
the rest would result in insignificant increases (less than 
$500,000) over the 2023-2028 period (see Table 2). Any spending 
would be subject to the availability of appropriated funds.

        TABLE 2.--ESTIMATED INCREASES IN SPENDING SUBJECT TO APPROPRIATION UNDER PH.R. 3796 AND H.R. 3667
----------------------------------------------------------------------------------------------------------------
                                                        By fiscal year, millions of dollars--
                                    ----------------------------------------------------------------------------
                                        2023       2024       2025       2026       2027       2028    2023-2028
----------------------------------------------------------------------------------------------------------------
H.R. 3796, a bill to provide for the extension of taxes funding the Airport and Airway Trust Fund and to require
 the designation of certain airports as ports of entrya:
    Estimated Authorization........          0          1          1          1          1          1          5
    Estimated Outlays..............          0          1          1          1          1          1          5
 
H.R. 3667, the Social Security Child Protection Act of 2023:
    Estimated Authorization........          0          *          *          *          *          *          1
    Estimated Outlays..............          0          *          *          *          *          *          1
----------------------------------------------------------------------------------------------------------------
* = between zero and $500,000.
CBO estimates that increases in spending subject to appropriation would be between zero and $500,000 in each
  year and over the 2024-2028 period for the other bills in this estimate (H.R. 1843, H.R. 3784, H.R. 3797, H.R.
  3798, H.R. 3799, H.R. 3800, and H.R. 3801).
aCBO estimates that H.R. 3796 also would have effects on direct spending (see Table 1).

    H.R. 3796, a bill to provide for the extension of taxes 
funding the Airport and Airway Trust Fund and to require the 
designation of certain airports as ports of entry, would result 
in fewer than five airports being so designated, CBO expects. 
Under current law, CBP provides customs inspections at most 
airports that are funded in part through customs user fees, 
such as immigration user fees and fees collected under COBRA. 
Other airports, where the volume of passenger or cargo traffic 
is smaller, may voluntarily pay CBP to reimburse the agency for 
providing those inspections. Airports designated as ports of 
entry under the bill would no longer be subject to the fees.
    CBO estimates that the increase in collections of customs 
user fees under the bill (see ``Direct Spending'') would not 
fully cover the cost to CBP for providing inspections and that 
implementing the bill would require the appropriation of 
additional funds to cover those costs. Under current law, the 
airports that CBO expects to be included under the bill pay CBP 
a total of $1 million each year. Accounting for anticipated for 
inflation, CBO estimates that implementing H.R. 3796 would cost 
$5 million over the 2023-2028 period.
    H.R. 3667, the Social Security Child Protection Act of 
2023, would require SSA to issue a new Social Security number 
to a child under the age of 14 if a parent can present evidence 
that the number's confidentiality was compromised because of 
loss or theft. Under current law, SSA issues new numbers only 
when a number is misused and if the misuse has caused harm. In 
2022, SSA issued 116 new numbers to children under the age of 
14. CBO expects that requests for new numbers would increase 
under the bill and that SSA would issue more numbers. 
Consequently, CBO estimates that implementing the bill would 
cost $1 million over the 2023-2028 period.
    Pay-As-You-Go considerations: The Statutory Pay-As-You-Go 
Act of 2010 establishes budget-reporting and enforcement 
procedures for legislation affecting direct spending or 
revenues. The net changes in outlays and revenues for the three 
bills that are subject to those pay-as-you-go procedures are 
shown in Table 1.
    Increase in long-term net direct spending and deficits: CBO 
estimates that none of the bills would increase net direct 
spending in any of the four consecutive 10-year periods 
beginning in 2034; JCT estimates that enacting H.R. 1843 would 
increase on-budget deficits by more than $5 billion in at least 
one of the four consecutive 10-year periods beginning in 2034; 
JCT estimates that none of the remaining eight bills would 
increase on-budget deficits by more than $5 billion in any of 
the four consecutive 10-year periods beginning in 2034.
    Mandates: CBO and JCT have determined that the legislation 
would not impose any intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act.
    Previous CBO estimate: On June 20, 2023, CBO transmitted an 
estimate of the direct spending and revenue effects of Rules 
Committee Print 118-9 (H.R. 3799, the CHOICE Arrangement Act), 
as amended by Amendment 8 (Smith). The language in title II and 
title IV of Rules Committee Print 118-9 is the same as that in 
H.R. 3799 and H.R. 3798, respectively, and the estimated 
budgetary effects are the same.
    Estimate prepared by: Federal Costs: Jeremy Crimm (customs 
fees), Noah Meyerson (Social Security), Matthew Pickford 
(Internal Revenue Service); Federal Revenues: Jessica Hale, 
Emily Vreeland, Staff of the Joint Committee on Taxation; 
Mandates: Andrew Laughlin, Staff of the Joint Committee on 
Taxation.
    Estimate reviewed by: Elizabeth Cove Delisle, Chief, Income 
Security Cost Estimates Unit; Justin Humphrey, Chief, Finance, 
Housing, and Education Cost Estimates Unit; Susan Willie, 
Chief, Natural and Physical Resources Cost Estimates Unit; 
Kathleen FitzGerald, Chief, Public and Private Mandates Unit; 
Sarah Masi, Senior Adviser, Budget Analysis Division; Joshua 
Shakin, Chief, Revenue Estimating Unit; H. Samuel Papenfuss, 
Deputy Director of Budget Analysis; Chad Chirico, Director of 
Budget Analysis; John McClelland, Director of Tax Analysis.
    Estimate approved by: Phillip L. Swagel, Director, 
Congressional Budget Office.

     VI. 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).

            VII. 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):

         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 any case in which a social security account number 
has been issued to a child who has not attained the age of 14 
pursuant to subclause (IV) or (V) of clause (i) and it is 
demonstrated by evidence, as determined by the Commissioner of 
Social Security, and submitted under penalty of perjury to the 
Commissioner by a parent or guardian of the child that in the 
course of transmission of the social security card to the 
child, the confidentiality of such number has been compromised 
by reason of loss or theft of such social security card, the 
Commissioner shall issue a new social security account number 
to such child and make note in the records maintained with 
respect to such child of the pertinent information received by 
the Commissioner regarding the loss or theft of the social 
security card.
  [(iii)] (iv) In carrying out the requirements of this 
subparagraph, the Commissioner of Social Security shall enter 
into such agreements as may be necessary with the Attorney 
General and other officials and with State and local welfare 
agencies and school authorities (including nonpublic school 
authorities).
  (C)(i) It is the policy of the United States that any State 
(or political subdivision thereof) may, in the administration 
of any tax, general public assistance, driver's license, or 
motor vehicle registration law within its jurisdiction, utilize 
the social security account numbers issued by the Commissioner 
of Social Security for the purpose of establishing the 
identification of individuals affected by such law, and may 
require any individual who is or appears to be so affected to 
furnish to such State (or political subdivision thereof) or any 
agency thereof having administrative responsibility for the law 
involved, the social security account number (or numbers, if he 
has more than one such number) issued to him by the 
Commissioner of Social Security.
  (ii) In the administration of any law involving the issuance 
of a birth certificate, each State shall require each parent to 
furnish to such State (or political subdivision thereof) or any 
agency thereof having administrative responsibility for the law 
involved, the social security account number (or numbers, if 
the parent has more than one such number) issued to the parent 
unless the State (in accordance with regulations prescribed by 
the Commissioner of Social Security) finds good cause for not 
requiring the furnishing of such number. The State shall make 
numbers furnished under this subclause available to the 
Commissioner of Social Security and the agency administering 
the State's plan under part D of title IV in accordance with 
Federal or State law and regulation. Such numbers shall not be 
recorded on the birth certificate. A State shall not use any 
social security account number, obtained with respect to the 
issuance by the State of a birth certificate, for any purpose 
other than for the enforcement of child support orders in 
effect in the State, unless section 7(a) of the Privacy Act of 
1974 does not prohibit the State from requiring the disclosure 
of such number, by reason of the State having adopted, before 
January 1, 1975, a statute or regulation requiring such 
disclosure.
  (iii)(I) In the administration of section 9 of the Food and 
Nutrition Act of 2008 (7 U.S.C. 2018) involving the 
determination of the qualifications of applicants under such 
Act, the Secretary of Agriculture may require each applicant 
retail store or wholesale food concern to furnish to the 
Secretary of Agriculture the social security account number of 
each individual who is an officer of the store or concern and, 
in the case of a privately owned applicant, furnish the social 
security account numbers of the owners of such applicant. No 
officer or employee of the Department of Agriculture shall have 
access to any such number for any purpose other than the 
establishment and maintenance of a list of the names and social 
security account numbers of such individuals for use in 
determining those applicants who have been previously 
sanctioned or convicted under section 12 or 15 of such Act (7 
U.S.C. 2021 or 2024).
  (II) The Secretary of Agriculture may share any information 
contained in any list referred to in subclause (I) with any 
other agency or instrumentality of the United States which 
otherwise has access to social security account numbers in 
accordance with this subsection or other applicable Federal 
law, except that the Secretary of Agriculture may share such 
information only to the extent that such Secretary determines 
such sharing would assist in verifying and matching such 
information against information maintained by such other agency 
or instrumentality. Any such information shared pursuant to 
this subclause may be used by such other agency or 
instrumentality only for the purpose of effective 
administration and enforcement of the Food and Nutrition Act of 
2008 or for the purpose of investigation of violations of other 
Federal laws or enforcement of such laws.
  (III) The Secretary of Agriculture, and the head of any other 
agency or instrumentality referred to in this subclause, shall 
restrict, to the satisfaction of the Commissioner of Social 
Security, access to social security account numbers obtained 
pursuant to this clause only to officers and employees of the 
United States whose duties or responsibilities require access 
for the purposes described in subclause (II).
  (IV) The Secretary of Agriculture, and the head of any agency 
or instrumentality with which information is shared pursuant to 
clause (II), shall provide such other safeguards as the 
Commissioner of Social Security determines to be necessary or 
appropriate to protect the confidentiality of the social 
security account numbers.
  (iv) In the administration of section 506 of the Federal Crop 
Insurance Act, the Federal Crop Insurance Corporation may 
require each policyholder and each reinsured company to furnish 
to the insurer or to the Corporation the social security 
account number of such policyholder, subject to the 
requirements of this clause. No officer or employee of the 
Federal Crop Insurance Corporation shall have access to any 
such number for any purpose other than the establishment of a 
system of records necessary for the effective administration of 
such Act. The Manager of the Corporation may require each 
policyholder to provide to the Manager, at such times and in 
such manner as prescribed by the Manager, the social security 
account number of each individual that holds or acquires a 
substantial beneficial interest in the policyholder. For 
purposes of this clause, the term ``substantial beneficial 
interest'' means not less than 5 percent of all beneficial 
interest in the policyholder. The Secretary of Agriculture 
shall restrict, to the satisfaction of the Commissioner of 
Social Security, access to social security account numbers 
obtained pursuant to this clause only to officers and employees 
of the United States or authorized persons whose duties or 
responsibilities require access for the administration of the 
Federal Crop Insurance Act. The Secretary of Agriculture shall 
provide such other safeguards as the Commissioner of Social 
Security determines to be necessary or appropriate to protect 
the confidentiality of such social security account numbers. 
For purposes of this clause the term ``authorized person'' 
means an officer or employee of an insurer whom the Manager of 
the Corporation designates by rule, subject to appropriate 
safeguards including a prohibition against the release of such 
social security account number (other than to the Corporation) 
by such person.
  (v) If and to the extent that any provision of Federal law 
heretofore enacted is inconsistent with the policy set forth in 
clause (i), such provision shall, on and after the date of the 
enactment of this subparagraph, be null, void, and of no 
effect. If and to the extent that any such provision is 
inconsistent with the requirement set forth in clause (ii), 
such provision shall, on and after the date of the enactment of 
such subclause, be null, void, and of no effect.
  (vi)(I) For purposes of clause (i) of this subparagraph, an 
agency of a State (or political subdivision thereof) charged 
with the administration of any general public assistance, 
driver's license, or motor vehicle registration law which did 
not use the social security account number for identification 
under a law or regulation adopted before January 1, 1975, may 
require an individual to disclose his or her social security 
number to such agency solely for the purpose of administering 
the laws referred to in clause (i) above and for the purpose of 
responding to requests for information from an agency 
administering a program funded under part A of title IV or an 
agency operating pursuant to the provisions of part D of such 
title.
  (II) Any State or political subdivision thereof (and any 
person acting as an agent of such an agency or 
instrumentality), in the administration of any driver's license 
or motor vehicle registration law within its jurisdiction, may 
not display a social security account number issued by the 
Commissioner of Social Security (or any derivative of such 
number) on any driver's license, motor vehicle registration, or 
personal identification card (as defined in section 7212(a)(2) 
of the 9/11 Commission Implementation Act of 2004), or include, 
on any such license, registration, or personal identification 
card, a magnetic strip, bar code, or other means of 
communication which conveys such number (or derivative 
thereof).
  (vii) For purposes of this subparagraph, the term ``State'' 
includes the District of Columbia, the Commonwealth of Puerto 
Rico, the Virgin Islands, Guam, the Commonwealth of the 
Northern Marianas, and the Trust Territory of the Pacific 
Islands.
  (viii)(I) Social security account numbers and related records 
that are obtained or maintained by authorized persons pursuant 
to any provision of law enacted on or after October 1, 1990, 
shall be confidential, and no authorized person shall disclose 
any such social security account number or related record.
  (II) Paragraphs (1), (2), and (3) of section 7213(a) of the 
Internal Revenue Code of 1986 shall apply with respect to the 
unauthorized willful disclosure to any person of social 
security account numbers and related records obtained or 
maintained by an authorized person pursuant to a provision of 
law enacted on or after October 1, 1990, in the same manner and 
to the same extent as such paragraphs apply with respect to 
unauthorized disclosures of return and return information 
described in such paragraphs. Paragraph (4) of section 7213(a) 
of such Code shall apply with respect to the willful offer of 
any item of material value in exchange for any such social 
security account number or related record in the same manner 
and to the same extent as such paragraph applies with respect 
to offers (in exchange for any return or return information) 
described in such paragraph.
  (III) For purposes of this clause, the term ``authorized 
person'' means an officer or employee of the United States, an 
officer or employee of any State, political subdivision of a 
State, or agency of a State or political subdivision of a 
State, and any other person (or officer or employee thereof), 
who has or had access to social security account numbers or 
related records pursuant to any provision of law enacted on or 
after October 1, 1990. For purposes of this subclause, the term 
``officer or employee'' includes a former officer or employee.
  (IV) For purposes of this clause, the term ``related record'' 
means any record, list, or compilation that indicates, directly 
or indirectly, the identity of any individual with respect to 
whom a social security account number or a request for a social 
security account number is maintained pursuant to this clause.
  (ix) In the administration of the provisions of chapter 81 of 
title 5, United States Code, and the Longshore and Harbor 
Workers' Compensation Act (33 U.S.C. 901 et seq.), the 
Secretary of Labor may require by regulation that any person 
filing a notice of injury or a claim for benefits under such 
provisions provide as part of such notice or claim such 
person's social security account number, subject to the 
requirements of this clause. No officer or employee of the 
Department of Labor shall have access to any such number for 
any purpose other than the establishment of a system of records 
necessary for the effective administration of such provisions. 
The Secretary of Labor shall restrict, to the satisfaction of 
the Commissioner of Social Security, access to social security 
account numbers obtained pursuant to this clause to officers 
and employees of the United States whose duties or 
responsibilities require access for the administration or 
enforcement of such provisions. The Secretary of Labor shall 
provide such other safeguards as the Commissioner of Social 
Security determines to be necessary or appropriate to protect 
the confidentiality of the social security account numbers.
  (x) The Secretary of Health and Human Services, and the 
Exchanges established under section 1311 of the Patient 
Protection and Affordable Care Act, are authorized to collect 
and use the names and social security account numbers of 
individuals as required to administer the provisions of, and 
the amendments made by, the such Act.
  (xi) No Federal, State, or local agency may display the 
Social Security account number of any individual, or any 
derivative of such number, on any check issued for any payment 
by the Federal, State, or local agency.
  (xii) No Federal, State, or local agency may employ, or enter 
into a contract for the use or employment of, prisoners in any 
capacity that would allow such prisoners access to the Social 
Security account numbers of other individuals. For purposes of 
this clause, the term ``prisoner'' means an individual confined 
in a jail, prison, or other penal institution or correctional 
facility pursuant to such individual's conviction of a criminal 
offense.
  (xiii) The Secretary of Health and Human Services, in 
consultation with the Commissioner of Social Security, shall 
establish cost-effective procedures to ensure that a Social 
Security account number (or derivative thereof) is not 
displayed, coded, or embedded on the Medicare card issued to an 
individual who is entitled to benefits under part A of title 
XVIII or enrolled under part B of title XVIII and that any 
other identifier displayed on such card is not identifiable as 
a Social Security account number (or derivative thereof).
  (D)(i) It is the policy of the United States that--
          (I) any State (or any political subdivision of a 
        State) and any authorized blood donation facility may 
        utilize the social security account numbers issued by 
        the Commissioner of Social Security for the purpose of 
        identifying blood donors, and
          (II) any State (or political subdivision of a State) 
        may require any individual who donates blood within 
        such State (or political subdivision) to furnish to 
        such State (or political subdivision), to any agency 
        thereof having related administrative responsibility, 
        or to any authorized blood donation facility the social 
        security account number (or numbers, if the donor has 
        more than one such number) issued to the donor by the 
        Commissioner of Social Security.
  (ii) If and to the extent that any provision of Federal law 
enacted before the date of the enactment of this subparagraph 
is inconsistent with the policy set forth in clause (i), such 
provision shall, on and after such date, be null, void, and of 
no effect.
  (iii) For purposes of this subparagraph--
          (I) the term ``authorized blood donation facility'' 
        means an entity described in section 1141(h)(1)(B), and
          (II) the term ``State'' includes the District of 
        Columbia, the Commonwealth of Puerto Rico, the Virgin 
        Islands, Guam, the Commonwealth of the Northern 
        Marianas, and the Trust Territory of the Pacific 
        Islands.
  (E)(i) It is the policy of the United States that--
          (I) any State (or any political subdivision of a 
        State) may utilize the social security account numbers 
        issued by the Commissioner of Social Security for the 
        additional purposes described in clause (ii) if such 
        numbers have been collected and are otherwise utilized 
        by such State (or political subdivision) in accordance 
        with applicable law, and
          (II) any district court of the United States may use, 
        for such additional purposes, any such social security 
        account numbers which have been so collected and are so 
        utilized by any State.
  (ii) The additional purposes described in this clause are the 
following:
          (I) Identifying duplicate names of individuals on 
        master lists used for jury selection purposes.
          (II) Identifying on such master lists those 
        individuals who are ineligible to serve on a jury by 
        reason of their conviction of a felony.
  (iii) To the extent that any provision of Federal law enacted 
before the date of the enactment of this subparagraph is 
inconsistent with the policy set forth in clause (i), such 
provision shall, on and after that date, be null, void, and of 
no effect.
  (iv) For purposes of this subparagraph, the term ``State'' 
has the meaning such term has in subparagraph (D).
  (F) The Commissioner of Social Security shall require, as a 
condition for receipt of benefits under this title, that an 
individual furnish satisfactory proof of a social security 
account number assigned to such individual by the Commissioner 
of Social Security or, in the case of an individual to whom no 
such number has been assigned, that such individual make proper 
application for assignment of such a number.
  (G) The Commissioner of Social Security shall issue a social 
security card to each individual at the time of the issuance of 
a social security account number to such individual. The social 
security card shall be made of banknote paper, and (to the 
maximum extent practicable) shall be a card which cannot be 
counterfeited.
  (H) The Commissioner of Social Security shall share with the 
Secretary of the Treasury the information obtained by the 
Commissioner pursuant to the second sentence of subparagraph 
(B)(ii) and to subparagraph (C)(ii) for the purpose of 
administering those sections of the Internal Revenue Code of 
1986 which grant tax benefits based on support or residence of 
children.
  (3) The Commissioner's record shall be evidence for the 
purpose of proceedings before the Commissioner of Social 
Security or any court of the amounts of wages paid to, and 
self-employment income derived by, an individual and of the 
periods in which such wages were paid and such income was 
derived. The absence of an entry in such records as to wages 
alleged to have been paid to, or as to self-employment income 
alleged to have been derived by, an individual in any period 
shall be evidence that no such alleged wages were paid to, or 
that no such alleged income was derived by, such individual 
during such period.
  (4) Prior to the expiration of the time limitation following 
any year the Commissioner of Social Security may, if it is 
brought to the Commissioner's attention that any entry of wages 
or self-employment income in the Commissioner's records for 
such year is erroneous or that any item of wages or self-
employment income for such year has been omitted from such 
records, correct such entry or include such omitted item in his 
records, as the case may be. After the expiration of the time 
limitation following any year--
          (A) the Commissioner's records (with changes, if any, 
        made pursuant to paragraph (5)) of the amounts of wages 
        paid to, and self-employment income derived by, an 
        individual during any period in such year shall be 
        conclusive for the purposes of this title;
          (B) the absence of an entry in the Commissioner's 
        records as to the wages alleged to have been paid by an 
        employer to an individual during any period in such 
        year shall be presumptive evidence for the purposes of 
        this title that no such alleged wages were paid to such 
        individual in such period; and
          (C) the absence of an entry in the Commissioner's 
        records as to the self-employment income alleged to 
        have been derived by an individual in such year shall 
        be conclusive for the purposes of this title that no 
        such alleged self-employment income was derived by such 
        individual in such year unless it is shown that he 
        filed a tax return of his self-employment income for 
        such year before the expiration of the time limitation 
        following such year, in which case the Commissioner of 
        Social Security shall include in the Commissioner's 
        records the self-employment income of such individual 
        for such year.
  (5) After the expiration of the time limitation following any 
year in which wages were paid or alleged to have been paid to, 
or self-employment income was derived or alleged to have been 
derived by, an individual, the Commissioner of Social Security 
may change or delete any entry with respect to wages or self-
employment income in the Commissioner's records of such year 
for such individual or include in the Commissioner's records of 
such year for such individual any omitted item of wages or 
self-employment income but only--
          (A) if an application for monthly benefits or for a 
        lump-sum death payment was filed within the time 
        limitation following such year; except that no such 
        change, deletion, or inclusion may be made pursuant to 
        this subparagraph after a final decision upon the 
        application for monthly benefits or lump-sum death 
        payment;
          (B) if within the time limitation following such year 
        an individual or his survivor makes a request for a 
        change or deletion, or for an inclusion of an omitted 
        item, and alleges in writing that the Commissioner's 
        records of the wages paid to, or the self-employment 
        income derived by, such individual in such year are in 
        one or more respects erroneous; except that no such 
        change, deletion, or inclusion may be made pursuant to 
        this subparagraph after a final decision upon such 
        request. Written notice of the Commissioner's decision 
        on any such request shall be given to the individual 
        who made the request;
          (C) to correct errors apparent on the face of such 
        records;
          (D) to transfer items to records of the Railroad 
        Retirement Board if such items were credited under this 
        title when they should have been credited under the 
        Railroad Retirement Act of 1937 or 1974, or to enter 
        items transferred by the Railroad Retirement Board 
        which have been credited under the Railroad Retirement 
        Act of 1937 or 1974 when they should have been credited 
        under this title;
          (E) to delete or reduce the amount of any entry which 
        is erroneous as a result of fraud;
          (F) to conform the Commissioner's records to--
                  (i) tax returns or portions thereof 
                (including information returns and other 
                written statements) filed with the Commissioner 
                of Internal Revenue under title VIII of the 
                Social Security Act, under subchapter E of 
                chapter 1 or subchapter A of chapter 9 of the 
                Internal Revenue Code of 1939, under chapter 2 
                or 21 of the Internal Revenue Code of 1954 or 
                the Internal Revenue Code of 1986, or under 
                regulations made under authority of such title, 
                subchapter, or chapter;
                  (ii) wage reports filed by a State pursuant 
                to an agreement under section 218 or 
                regulations of the Commissioner of Social 
                Security thereunder; or
                  (iii) assessments of amounts due under an 
                agreement pursuant to section 218 (as in effect 
                prior to December 31, 1986), if such 
                assessments are made within the period 
                specified in subsection (q) of such section (as 
                so in effect), or allowances of credits or 
                refunds of overpayments by a State under an 
                agreement pursuant to such section;
        except that no amount of self-employment income of an 
        individual for any taxable year (if such return or 
        statement was filed after the expiration of the time 
        limitation following the taxable year) shall be 
        included in the Commissioner's records pursuant to this 
        subparagraph;
          (G) to correct errors made in the allocation, to 
        individuals or periods, of wages or self-employment 
        income entered in the records of the Commissioner of 
        Social Security;
          (H) to include wages paid during any period in such 
        year to an individual by an employer;
          (I) to enter items which constitute remuneration for 
        employment under subsection (o), such entries to be in 
        accordance with certified reports of records made by 
        the Railroad Retirement Board pursuant to section 
        5(k)(3) of the Railroad Retirement Act of 1937 or 
        section 7(b)(7) of the Railroad Retirement Act of 1974; 
        or
          (J) to include self-employment income for any taxable 
        year, up to, but not in excess of, the amount of wages 
        deleted by the Commissioner of Social Security as 
        payments erroneously included in such records as wages 
        paid to such individual, if such income (or net 
        earnings from self-employment), not already included in 
        such records as self-employment income, is included in 
        a return or statement (referred to in subparagraph (F)) 
        filed before the expiration of the time limitation 
        following the taxable year in which such deletion of 
        wages is made.
  (6) Written notice of any deletion or reduction under 
paragraph (4) or (5) shall be given to the individual whose 
record is involved or to his survivor, except that (A) in the 
case of a deletion or reduction with respect to any entry of 
wages such notice shall be given to such individual only if he 
has previously been notified by the Commissioner of Social 
Security of the amount of his wages for the period involved, 
and (B) such notice shall be given to such survivor only if he 
or the individual whose record is involved has previously been 
notified by the Commissioner of Social Security of the amount 
of such individual's wages and self-employment income for the 
period involved.
  (7) Upon request in writing (within such period, after any 
change or refusal of a request for a change of the 
Commissioner's records pursuant to this subsection, as the 
Commissioner of Social Security may prescribe), opportunity for 
hearing with respect to such change or refusal shall be 
afforded to any individual or his survivor. If a hearing is 
held pursuant to this paragraph the Commissioner of Social 
Security shall make findings of fact and a decision based upon 
the evidence adduced at such hearing and shall include any 
omitted items, or change or delete any entry, in the 
Commissioner's records as may be required by such findings and 
decision.
  (8) A translation into English by a third party of a 
statement made in a foreign language by an applicant for or 
beneficiary of monthly insurance benefits under this title 
shall not be regarded as reliable for any purpose under this 
title unless the third party, under penalty or perjury--
          (A) certifies that the translation is accurate; and
          (B) discloses the nature and scope of the 
        relationship between the third party and the applicant 
        or recipient, as the case may be.
  (9) Decisions of the Commissioner of Social Security under 
this subsection shall be reviewable by commencing a civil 
action in the United States district court as provided in 
subsection (g).
  (d) For the purpose of any hearing, investigation, or other 
proceeding authorized or directed under this title, or relative 
to any other matter within the Commissioner's jurisdiction 
hereunder, the Commissioner of Social Security shall have power 
to issue subpenas requiring the attendance and testimony of 
witnesses and the production of any evidence that relates to 
any matter under investigation or in question before the 
Commissioner of Social Security. Such attendance of witnesses 
and production of evidence at the designated place of such 
hearing, investigation, or other proceeding may be required 
from any place in the United States or in any Territory or 
possession thereof. Subpenas of the Commissioner of Social 
Security shall be served by anyone authorized by the 
Commissioner (1) by delivering a copy thereof to the individual 
named therein, or (2) by registered mail or by certified mail 
addressed to such individual at his last dwelling place or 
principal place of business. A verified return by the 
individual so serving the subpena setting forth the manner of 
service, or, in the case of service by registered mail or by 
certified mail, the return post-office receipt therefor signed 
by the individual so served, shall be proof of service. 
Witnesses so subpenaed shall be paid the same fees and mileage 
as are paid witnesses in the district courts of the United 
States.
  (e) In case of contumacy by, or refusal to obey a subpena 
duly served upon, any person, any district court of the United 
States for the judicial district in which said person charged 
with contumacy or refusal to obey is found or resides or 
transacts business, upon application by the Commissioner of 
Social Security, shall have jurisdiction to issue an order 
requiring such person to appear and give testimony, or to 
appear and produce evidence, or both; any failure to obey such 
order of the court may be punished by said court as contempt 
thereof.
  (g) Any individual, after any final decision of the 
Commissioner of Social Security made after a hearing to which 
he was a party, irrespective of the amount in controversy, may 
obtain a review of such decision by a civil action commenced 
within sixty days after the mailing to him of notice of such 
decision or within such further time as the Commissioner of 
Social Security may allow. Such action shall be brought in the 
district court of the United States for the judicial district 
in which the plaintiff resides, or has his principal place of 
business, or, if he does not reside or have his principal place 
of business within any such judicial district, in the United 
States District Court for the District of Columbia. As part of 
the Commissioner's answer the Commissioner of Social Security 
shall file a certified copy of the transcript of the record 
including the evidence upon which the findings and decision 
complained of are based. The court shall have power to enter, 
upon the pleadings and transcript of the record, a judgment 
affirming, modifying, or reversing the decision of the 
Commissioner of Social Security, with or without remanding the 
cause for a rehearing. The findings of the Commissioner of 
Social Security as to any fact, if supported by substantial 
evidence, shall be conclusive, and where a claim has been 
denied by the Commissioner of Social Security or a decision is 
rendered under subsection (b) hereof which is adverse to an 
individual who was a party to the hearing before the 
Commissioner of Social Security, because of failure of the 
claimant or such individual to submit proof in conformity with 
any regulation prescribed under subsection (a) hereof, the 
court shall review only the question of conformity with such 
regulations and the validity of such regulations. The court 
may, on motion of the Commissioner of Social Security made for 
good cause shown before the Commissioner files the 
Commissioner's answer, remand the case to the Commissioner of 
Social Security for further action by the Commissioner of 
Social Security, and it may at any time order additional 
evidence to be taken before the Commissioner of Social 
Security, but only upon a showing that there is new evidence 
which is material and that there is good cause for the failure 
to incorporate such evidence into the record in a prior 
proceeding; and the Commissioner of Social Security shall, 
after the case is remanded, and after hearing such additional 
evidence if so ordered, modify or affirm the Commissioner's 
findings of fact or the Commissioner's decision, or both, and 
shall file with the court any such additional and modified 
findings of fact and decision, and, in any case in which the 
Commissioner has not made a decision fully favorable to the 
individual, a transcript of the additional record and testimony 
upon which the Commissioner's action in modifying or affirming 
was based. Such additional or modified findings of fact and 
decision shall be reviewable only to the extent provided for 
review of the original findings of fact and decision. The 
judgment of the court shall be final except that it shall be 
subject to review in the same manner as a judgment in other 
civil actions. Any action instituted in accordance with this 
subsection shall survive notwithstanding any change in the 
person occupying the office of Commissioner of Social Security 
or any vacancy in such office.
  (h) The findings and decision of the Commissioner of Social 
Security after a hearing shall be binding upon all individuals 
who were parties to such hearing. No findings of fact or 
decision of the Commissioner of Social Security shall be 
reviewed by any person, tribunal, or governmental agency except 
as herein provided. No action against the United States, the 
Commissioner of Social Security or any officer or employee 
thereof shall be brought under section 1331 or 1346 of title 
28, United States Code, to recover on any claim arising under 
this title.
  (i) Upon final decision of the Commissioner of Social 
Security, or upon final judgment of any court of competent 
jurisdiction, that any person is entitled to any payment or 
payments under this title, the Commissioner of Social Security 
shall certify to the Managing Trustee the name and address of 
the person so entitled to receive such payment or payments, the 
amount of such payment or payments, and the time at which such 
payment or payments should be made, and the Managing Trustee, 
through the Fiscal Service of the Department of the Treasury, 
and prior to any action thereon by the General Accounting 
Office, shall make payment in accordance with the certification 
of the Commissioner of Social Security (except that in the case 
of (A) an individual who will have completed ten years of 
service (or five or more years of service, all of which accrues 
after December 31, 1995) creditable under the Railroad 
Retirement Act of 1937 or the Railroad Retirement Act of 1974, 
(B) the wife or husband or divorced wife or divorced husband of 
such an individual, (C) any survivor of such an individual if 
such survivor is entitled, or could upon application become 
entitled, to an annuity under section 2 of the Railroad 
Retirement Act of 1974, and (D) any other person entitled to 
benefits under section 202 of this Act on the basis of the 
wages and self-employment income of such an individual (except 
a survivor of such an individual where such individual did not 
have a current connection with the railroad industry, as 
defined in the Railroad Retirement Act of 1974, at the time of 
his death), such certification shall be made to the Railroad 
Retirement Board which shall provide for such payment or 
payments to such person on behalf of the Managing Trustee in 
accordance with the provisions of the Railroad Retirement Act 
of 1974): Provided, That where a review of the Commissioner's 
decision is or may be sought under subsection (g) the 
Commissioner of Social Security may withhold certification of 
payment pending such review. The Managing Trustee shall not be 
held personally liable for any payment or payments made in 
accordance with a certification by the Commissioner of Social 
Security.

                         Representative Payees

  (j)(1)(A) If the Commissioner of Social Security determines 
that the interest of any individual under this title would be 
served thereby, certification of payment of such individual's 
benefit under this title may be made, regardless of the legal 
competency or incompetency of the individual, either for direct 
payment to the individual, or for his or her use and benefit, 
to another individual, or an organization, with respect to whom 
the requirements of paragraph (2) have been met (hereinafter in 
this subsection referred to as the individual's 
``representative payee''). If the Commissioner of Social 
Security or a court of competent jurisdiction determines that a 
representative payee has misused any individual's benefit paid 
to such representative payee pursuant to this subsection or 
section 807 or 1631(a)(2), the Commissioner of Social Security 
shall promptly revoke certification for payment of benefits to 
such representative payee pursuant to this subsection and 
certify payment to an alternative representative payee or, if 
the interest of the individual under this title would be served 
thereby, to the individual.
  (B) In the case of an individual entitled to benefits based 
on disability, the payment of such benefits shall be made to a 
representative payee if the Commissioner of Social Security 
determines that such payment would serve the interest of the 
individual because the individual also has an alcoholism or 
drug addiction condition (as determined by the Commissioner) 
and the individual is incapable of managing such benefits.
  (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.
  (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.

                          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.

           *       *       *       *       *       *       *


                                  [all]