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-CITE-
42 USC Sec. 405 01/16/96

-EXPCITE-
TITLE 42 - THE PUBLIC HEALTH AND WELFARE
CHAPTER 7 - SOCIAL SECURITY
SUBCHAPTER II - FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY
INSURANCE BENEFITS

-HEAD-
Sec. 405. Evidence, procedure, and certification for payments

-STATUTE-
(a) Rules and regulations; procedures
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
subchapter, 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) Administrative determination of entitlement to benefits;
findings of fact; hearings; investigations; evidentiary
hearings in reconsiderations of disability benefit
terminations; subsequent applications
(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 subchapter. 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 subchapter. 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 subchapter 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 subchapter
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
421 of this title.
(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 subchapter of choosing to reapply in lieu of requesting
review of the determination.
(c) Wage records
(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 418(e) (FOOTNOTE 1)
of this title (as in effect prior to December 31, 1986) or
regulations thereunder),
(FOOTNOTE 1) See References in Text note below.
(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.
(iii) In carrying out the requirements of this subparagraph, the
Commissioner of Social Security shall enter into such agreements as
may be necessary with the Attorney General and other officials and
with State and local welfare agencies and school authorities
(including nonpublic school authorities).
(C)(i) It is the policy of the United States that any State (or
political subdivision thereof) may, in the administration of any
tax, general public assistance, driver's license, or motor vehicle
registration law within its jurisdiction, utilize the social
security account numbers issued by the Commissioner of Social
Security for the purpose of establishing the identification of
individuals affected by such law, and may require any individual
who is or appears to be so affected to furnish to such State (or
political subdivision thereof) or any agency thereof having
administrative responsibility for the law involved, the social
security account number (or numbers, if he has more than one such
number) issued to him by the Commissioner of Social Security.
(ii) In the administration of any law involving the issuance of a
birth certificate, each State shall require each parent to furnish
to such State (or political subdivision thereof) or any agency
thereof having administrative responsibility for the law involved,
the social security account number (or numbers, if the parent has
more than one such number) issued to the parent unless the State
(in accordance with regulations prescribed by the Commissioner of
Social Security) finds good cause for not requiring the furnishing
of such number. The State shall make numbers furnished under this
subclause available to the agency administering the State's plan
under part D of subchapter IV of this chapter 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 Stamp Act
of 1977 (7 U.S.C. 2018) involving the determination of the
qualifications of applicants under such Act (7 U.S.C. 2011 et
seq.), 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 Stamp Act of 1977 (7
U.S.C. 2011 et seq.) 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
(FOOTNOTE 2) (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.
(FOOTNOTE 2) So in original. Probably should be ''subclause''.
(iv) In the administration of section 506 of the Federal Crop
Insurance Act (7 U.S.C. 1506), 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 (7 U.S.C.
1501 et seq.). 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 October 4, 1976, 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 October 13, 1988, be null,
void, and of no effect.
(vi) 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 operating pursuant to the provisions
of part A or D of subchapter IV of this chapter.
(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 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.
(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 November 10, 1988, is inconsistent with the policy
set forth in clause (i), such provision shall, on and after
November 10, 1988, 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 1320b-11(h)(1)(B) of this title, 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 August 15, 1994, is inconsistent with the policy set forth
in clause (i), such provision shall, on and after August 15, 1994,
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 subchapter, 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.
(3) The Commissioner's records 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 the Commissioner's 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 this subsection) 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 subchapter;
(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 subchapter 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 subchapter 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 subchapter when they
should have been credited under the Railroad Retirement Act of
1937 or 1974 (45 U.S.C. 228a et seq., 231 et seq.), 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 subchapter;
(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 (42 U.S.C. 1001 et seq.), 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 418 of this title or regulations of the
Commissioner of Social Security thereunder; or
(iii) assessments of amounts due under an agreement pursuant
to section 418 of this title (as in effect prior to December
31, 1986), if such assessments are made within the period
specified in subsection (q) (FOOTNOTE 3) 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;
(FOOTNOTE 3) See References in Text note below.
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) of this section, 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 (45 U.S.C. 228e(k)(3)) or section 7(b)(7)
of the Railroad Retirement Act of 1974 (45 U.S.C. 231f(b)(7)); 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) of this subsection)
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) of this subsection 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 subchapter shall not be
regarded as reliable for any purpose under this subchapter unless
the third party, under penalty of 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) of this
section.
(d) Issuance of subpenas in administrative proceedings
For the purpose of any hearing, investigation, or other
proceeding authorized or directed under this subchapter, 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) Judicial enforcement of subpenas; contempt
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.
(f) Repealed. Pub. L. 91-452, title II, Sec. 236, Oct. 15, 1970, 84
Stat. 930

(g) Judicial review
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)
of this section 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) of
this section, 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 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) Finality of Commissioner's decision
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 to recover on any claim arising
under this subchapter.
(i) Certification for payment
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
subchapter, 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 creditable under the Railroad Retirement Act of
1937 (45 U.S.C. 228a et seq.) or the Railroad Retirement Act of
1974 (45 U.S.C. 231 et seq.), (B) the wife or 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 (45
U.S.C. 231a), and (D) any other person entitled to benefits under
section 402 of this title 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) of this section 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.
(j) Representative payees
(1)(A) If the Commissioner of Social Security determines that the
interest of any individual under this subchapter would be served
thereby, certification of payment of such individual's benefit
under this subchapter 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 1383(a)(2) of this title,
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 subchapter would be served thereby, to the individual.
(B) In the case of an individual entitled to benefits based on
disability, if alcoholism or drug addiction is a contributing
factor material to the Commissioner's determination that the
individual is under a disability, certification of payment of such
benefits to a representative payee shall be deemed to serve the
interest of such individual under this subchapter. In any case in
which such certification is so deemed under this subparagraph to
serve the interest of an individual, the Commissioner of Social
Security shall include, in such individual's notification of
entitlement, a notice that alcoholism or drug addiction is a
contributing factor material to the Commissioner's determination of
such individual's disability and that the Commissioner of Social
Security is therefore required to make a certification of payment
of such individual's benefits to a representative payee.
(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 subchapter or subchapter XVI of this
chapter,
(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 408 or 1383a of this title, and
(IV) determine whether certification of payment of benefits to
such person has been revoked pursuant to this subsection or
payment of benefits to such person has been terminated pursuant
to section 1383(a)(2)(A)(iii) of this title by reason of misuse
of funds paid as benefits under this subchapter or subchapter XVI
of this chapter.
(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, or with
respect to whom payment of benefits has been terminated on or
after such date pursuant to section 1383(a)(2)(A)(iii) of this
title, by reason of misuse of funds paid as benefits under this
subchapter or subchapter XVI of this chapter, 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 408 or 1383a of this title.
(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)(IV),
or payment of benefits to such person pursuant to section
1383(a)(2)(A)(ii) of this title has previously been terminated as
described in section 1383(a)(2)(B)(ii)(IV) of this title, or
(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.
(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 entitled to benefits based on
disability, if alcoholism or drug addiction is a contributing
factor material to the Commissioner's determination that the
individual is under a disability, when selecting such individual's
representative payee, preference shall be given to -
(I) a community-based nonprofit social service agency licensed
or bonded by the State,
(II) a Federal, State, or local government agency whose mission
is to carry out income maintenance, social service, or health
care-related activities,
(III) a State or local government agency with fiduciary
responsibilities, or
(IV) a designee of an agency (other than of a Federal agency)
referred to in the preceding subclauses of this clause, if the
Commissioner of Social Security deems it appropriate,
unless the Commissioner of Social Security determines that
selection of a family member would be appropriate.
(D)(i) Subject to clause (ii), if the Commissioner of Social
Security makes a determination described in the first sentence of
paragraph (1) with respect to any individual's benefit and
determines that direct payment of the benefit to the individual
would cause substantial harm to the individual, the Commissioner of
Social Security may defer (in the case of initial entitlement) or
suspend (in the case of existing entitlement) direct payment of
such benefit to the individual, until such time as the selection of
a representative payee is made pursuant to this subsection.
(ii)(I) Except as provided in subclause (II), any deferral or
suspension of direct payment of a benefit pursuant to clause (i)
shall be for a period of not more than 1 month.
(II) Subclause (I) shall not apply in any case in which the
individual is, as of the date of the Commissioner's determination,
legally incompetent, under the age of 15 years, or (if alcoholism
or drug addiction is a contributing factor material to the
Commissioner's determination that the individual is under a
disability) is eligible for benefits under this subchapter by
reason of disability.. (FOOTNOTE 4)
(FOOTNOTE 4) So in original.
(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) of this section, and to judicial review of the
Commissioner's final decision as is provided in subsection (g) of
this section.
(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 subchapter is made to
a person other than the individual entitled to such payment, the
Commissioner of Social Security shall establish a system of
accountability monitoring whereby such person shall report not less
often than annually with respect to the use of such payments. The
Commissioner of Social Security shall establish and implement
statistically valid procedures for reviewing such reports in order
to identify instances in which such persons are not properly using
such payments.
(B) Subparagraph (A) shall not apply in any case where the other
person to whom such payment is made is a State institution. In
such cases, the Commissioner of Social Security shall establish a
system of accountability monitoring for institutions in each State.
(C) Subparagraph (A) shall not apply in any case where the
individual entitled to such payment is a resident of a Federal
institution and the other person to whom such payment is made is
the institution.
(D) Notwithstanding subparagraphs (A), (B), and (C), the
Commissioner of Social Security may require a report at any time
from any person receiving payments on behalf of another, if the
Commissioner of Social Security has reason to believe that the
person receiving such payments is misusing such payments.
(E) 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 or
section 1383(a)(2) of this title, 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 or section 1383(a)(2) of this title.
(F) Each servicing office of the Administration shall maintain a
list, which shall be updated periodically, of public agencies and
community-based nonprofit social service agencies which are
qualified to serve as representative payees pursuant to this
subsection or section 1383(a)(2) of this title and which are
located in the area served by such servicing office.
(4)(A)(i) 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 entitled to benefits based on disability and
alcoholism or drug addiction is a contributing factor material to
the Commissioner's determination that the individual is under a
disability).
The Commissioner of Social Security 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 415(i)(2)(A) of this
title, except that any amount so adjusted that is not a multiple of
$1.00 shall be rounded to the nearest multiple of $1.00. 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.
(ii) In the case of an individual who is no longer currently
entitled to monthly insurance benefits under this subchapter 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).
(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 community-based
nonprofit social service agency which is bonded or licensed in each
State in which it serves as a representative payee, 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 1383(a)(2) of this title,
concurrently to 5 or more individuals, (FOOTNOTE 5)
(FOOTNOTE 5) So in original. Probably should be followed by
''and''.
(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, 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. The Commissioner of
Social Security shall make a good faith effort to obtain
restitution from the terminated representative payee.
(6) The Commissioner of Social Security shall include as a part
of the annual report required under section 904 (FOOTNOTE 6) of
this title information with respect to the implementation of the
preceding provisions of this subsection, including the number of
cases in which the representative payee was changed, the number of
cases discovered where there has been a misuse of funds, how any
such cases were dealt with by the Commissioner of Social Security,
the final disposition of such cases, including any criminal
penalties imposed, and such other information as the Commissioner
of Social Security determines to be appropriate.
(FOOTNOTE 6) See References in Text note below.
(7) For purposes of this subsection, the term ''benefit based on
disability'' of an individual means a disability insurance benefit
of such individual under section 423 of this title or a child's,
widow's, or widower's insurance benefit of such individual under
section 402 of this title based on such individual's disability.
(k) Payments to incompetents
Any payment made after December 31, 1939, under conditions set
forth in subsection (j) of this section, 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 subchapter,
shall be a complete settlement and satisfaction of any claim,
right, or interest in and to such payment.
(l) Delegation of powers and duties by Commissioner
The Commissioner of Social Security is authorized to delegate to
any member, officer, or employee of the Social Security
Administration designated by the Commissioner any of the powers
conferred upon the Commissioner by this section, and is authorized
to be represented by the Commissioner's own attorneys in any court
in any case or proceeding arising under the provisions of
subsection (e) of this section.
(m) Repealed. Aug. 28, 1950, ch. 809, title I, Sec. 101(b)(2), 64
Stat. 488
(n) Joint payments
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 404(a) of this title 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 subchapter for
such month.
(o) Crediting of compensation under Railroad Retirement Act
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 (45 U.S.C. 231a), or to a lump-sum payment under
section 6(b) of such Act (45 U.S.C. 231e(b)), with respect to the
death of an employee (as defined in such Act), then,
notwithstanding section 410(a)(9) of this title, 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 (45
U.S.C. 231b(i)) if wages are deemed to have been paid to such
employee during such month under subsection (a) or (e) of section
417 of this title) 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 subchapter 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
subchapter, 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.
(p) Special rules in case of Federal service
(1) With respect to service included as employment under section
410 of this title 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 (22 U.S.C. 2501 et seq.), to which
the provisions of section 410(o) of this title 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 409 and 410 of this title 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 subchapter.
(3) The provisions of paragraphs (1) and (2) of this subsection
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) of this subsection 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
Transportation, 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 Transportation shall be deemed to be the
head of such instrumentality.
(q) Expedited benefit payments
(1) The Commissioner of Social Security shall establish and put
into effect procedures under which expedited payment of monthly
insurance benefits under this subchapter 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 subchapter 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 the Commissioner
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, the Commissioner 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 428 of this title shall be treated as monthly insurance
benefits payable under this subchapter. 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 423 of this title, or section 402 of this
title to a wife, husband, or child of an individual entitled to or
applying for benefits under section 423 of this title, 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.
(r) Use of death certificates to correct program information
(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 chapter, (ii) validation
of the results of such comparisons, and (iii) corrections in such
records to accurately reflect the status of such individuals.
(2) Each State (or political subdivision thereof) which furnishes
the Commissioner of Social Security with information on records of
deaths in the State or subdivision under this subsection may be
paid by the Commissioner of Social Security from amounts available
for administration of this chapter the reasonable costs
(established by the Commissioner of Social Security in
consultations with the States) for transcribing and transmitting
such information to the Commissioner of Social Security.
(3) In the case of individuals with respect to whom federally
funded benefits are provided by (or through) a Federal or State
agency other than under this chapter, the Commissioner of Social
Security shall to the extent feasible provide such information
through a cooperative arrangement with such agency, for ensuring
proper payment of those benefits with respect to such individuals
if -
(A) under such arrangement the agency provides reimbursement to
the Commissioner of Social Security for the reasonable cost of
carrying out such arrangement, and
(B) such arrangement does not conflict with the duties of the
Commissioner of Social Security under paragraph (1).
(4) The Commissioner of Social Security may enter into similar
agreements with States to provide information for their use in
programs wholly funded by the States if the requirements of
subparagraphs (A) and (B) of paragraph (3) are met.
(5) The Commissioner of Social Security may use or provide for
the use of such records as may be corrected under this section,
subject to such safeguards as the Commissioner of Social Security
determines are necessary or appropriate to protect the information
from unauthorized use or disclosure, for statistical and research
activities conducted by Federal and State agencies.
(6) Information furnished to the Commissioner of Social Security
under this subsection may not be used for any purpose other than
the purpose described in this subsection and is exempt from
disclosure under section 552 of title 5 and from the requirements
of section 552a of such title.
(7) The Commissioner of Social Security shall include information
on the status of the program established under this section and
impediments to the effective implementation of the program in the
1984 report required under section 904 of this title.
(s) Notice requirements
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 subchapter 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.
(t) Same-day personal interviews at field offices in cases where
time is of essence
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 subchapter,
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) Redetermination of entitlement
(1)(A) The Commissioner of Social Security shall immediately
redetermine the entitlement of individuals to monthly insurance
benefits under this subchapter 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
subchapter, 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.

-SOURCE-
(Aug. 14, 1935, ch. 531, title II, Sec. 205, 49 Stat. 624; Aug. 10,
1939, ch. 666, title II, Sec. 201, 53 Stat. 1362, 1368; June 25,
1948, ch. 646, Sec. 32(b), 62 Stat. 991; May 24, 1949, ch. 139,
Sec. 127, 63 Stat. 107; Aug. 28, 1950, ch. 809, title I, Sec.
101(b)(2), 108(a)-(c), 109(b), 64 Stat. 488, 518, 523; July 18,
1952, ch. 945, Sec. 5(b), 66 Stat. 775; Sept. 1, 1954, ch. 1206,
title I, Sec. 101(a)(5), (c)(3), 68 Stat. 1052, 1054; Aug. 1, 1956,
ch. 836, title I, Sec. 107(b), 111(a), 117, 70 Stat. 829, 831, 834;
Aug. 1, 1956, ch. 837, title IV, Sec. 402(b), 70 Stat. 871; June
11, 1960, Pub. L. 86-507, Sec. 1(35), 74 Stat. 202; Sept. 13, 1960,
Pub. L. 86-778, title I, Sec. 102(f)(2), 103(j)(2)(E), title VII,
Sec. 702(a), 74 Stat. 933, 938, 993; Sept. 21, 1961, Pub. L.
87-293, title II, Sec. 202(b)(3), 75 Stat. 626; July 30, 1965, Pub.
L. 89-97, title III, Sec. 308(d)(9), (10), 330, 79 Stat. 379, 401,
Jan. 2, 1968, Pub. L. 90-248, title I, Sec. 171(a), 81 Stat. 876;
Oct. 15, 1970, Pub. L. 91-452, title II, Sec. 236, 84 Stat. 930;
Oct. 30, 1972, Pub. L. 92-603, title I, Sec. 137, 86 Stat. 1364;
Oct. 16, 1974, Pub. L. 93-445, title III, Sec. 302(a), 303, 88
Stat. 1358; Jan. 2, 1976, Pub. L. 94-202, Sec. 4, 89 Stat. 1136;
Oct. 4, 1976, Pub. L. 94-455, title XII, Sec. 1211(b), 90 Stat.
1711; Dec. 20, 1977, Pub. L. 95-216, title III, Sec. 353(f)(2), 91
Stat. 1554; Nov. 6, 1978, Pub. L. 95-600, title VII, Sec.
703(j)(14)(B), 92 Stat. 2942; June 9, 1980, Pub. L. 96-265, title
III, Sec. 305(a), 307, 94 Stat. 457, 458; Jan. 12, 1983, Pub. L.
97-455, Sec. 4(a), 96 Stat. 2499; Apr. 20, 1983, Pub. L. 98-21,
title III, Sec. 301(d), 309(i), 336, 345(a), 97 Stat. 111, 117,
130, 137; July 18, 1984, Pub. L. 98-369, div. B, title VI, Sec.
2661(h), 2663(a)(4), (j)(4), 98 Stat. 1157, 1162, 1171; Oct. 9,
1984, Pub. L. 98-460, Sec. 16(a), 98 Stat. 1809; Oct. 21, 1986,
Pub. L. 99-509, title IX, Sec. 9002(c)(2)(A), (B), 100 Stat. 1971;
Oct. 13, 1988, Pub. L. 100-485, title I, Sec. 125(a), 102 Stat.
2353; Nov. 10, 1988, Pub. L. 100-647, title VIII, Sec. 8008(a),
8009(a), 8015(a)(1), 8016(a)(1), 102 Stat. 3783, 3787, 3790, 3792;
Dec. 19, 1989, Pub. L. 101-239, title X, Sec. 10303(a), 10304, 103
Stat. 2482, 2483; Nov. 5, 1990, Pub. L. 101-508, title V, Sec.
5105(a)(1)(A), (2)(A)(i), (3)(A)(i), (b)(1)(A), (c)(1), (d)(1)(A),
5107(a)(1), 5109(a)(1), 104 Stat. 1388-254, 1388-255, 1388-260,
1388-263, 1388-265, 1388-269, 1388-271; Nov. 28, 1990, Pub. L.
101-624, title XVII, Sec. 1735(a), (b), title XXII, Sec. 2201(b),
(c), 104 Stat. 3791, 3792, 3951, 3952; Aug. 15, 1994, Pub. L.
103-296, title I, Sec. 107(a)(1), (2), (4), title II, Sec.
201(a)(1)(A), (B), (2)(A)-(C), 206(a)(1), (d)(1), title III, Sec.
304(a), 316(a), 318, 321(a)(7)-(11), (c)(3), (6)(B), (f)(2)(A), 108
Stat. 1477, 1478, 1490-1493, 1509, 1514, 1520, 1531, 1533, 1536,
1538, 1541.)

-REFTEXT-
REFERENCES IN TEXT
Subsecs. (e) and (q) of section 418 of this title, referred to in
subsec. (c)(1)(D)(i), (5)(F)(iii), which related to payments and
reports by States, and to time limitation on assessments,
respectively, were repealed, and subsec. (f) of section 418 of this
title was redesignated as subsec. (e), by Pub. L. 99-509, title IX,
Sec. 9002(c)(1), Oct. 21, 1986, 100 Stat. 1971.
Parts A and D of subchapter IV of this chapter, referred to in
subsec. (c)(2)(C)(ii), (vi), are classified to sections 601 et seq.
and 651 et seq., respectively, of this title.
Section 7(a) of the Privacy Act of 1974, referred to in subsec.
(c)(2)(C)(ii), is section 7(a) of Pub. L. 93-579, which is set out
as a note under section 552a of Title 5, Government Organization
and Employees.
The Food Stamp Act of 1977, referred to in subsec.
(c)(2)(C)(iii)(I), (II), is Pub. L. 88-525, Aug. 31, 1964, 78 Stat.
703, as amended, which is classified generally to chapter 51 (Sec.
2011 et seq.) of Title 7, Agriculture. For complete classification
of this Act to the Code, see Short Title note set out under section
2011 of Title 7 and Tables.
The Federal Crop Insurance Act, referred to in subsec.
(c)(2)(C)(iv), is title V of act Feb. 16, 1938, ch. 30, 52 Stat.
72, as amended, which is classified generally to chapter 36 (Sec.
1501 et seq.) of Title 7. For complete classification of this Act
to the Code, see section 1501 of Title 7 and Tables.
Section 7213(a) of the Internal Revenue Code of 1986, referred to
in subsec. (c)(2)(C)(viii)(II), is classified to section 7213(a) of
Title 26, Internal Revenue Code.
The Longshore and Harbor Workers' Compensation Act, referred to
in subsec. (c)(2)(C)(ix), is act Mar. 4, 1927, ch. 509, 44 Stat.
1424, as amended, which is classified generally to chapter 18 (Sec.
901 et seq.) of Title 33, Navigation and Navigable Waters. For
complete classification of this Act to the Code, see section 901 of
Title 33 and Tables.
The Railroad Retirement Act of 1937, referred to in subsecs.
(c)(5)(D) and (i), is act Aug. 29, 1935, ch. 812, 49 Stat. 867, as
amended generally. See par. for Railroad Retirement Act of 1974
below.
The Railroad Retirement Act of 1974, referred to in subsecs.
(c)(5)(D), (i), and (o), is act Aug. 29, 1935, ch. 812, as amended
generally by Pub. L. 93-445, title I, Sec. 101, Oct. 16, 1974, 88
Stat. 1305, which is classified generally to subchapter IV (Sec.
231 et seq.) of chapter 9 of Title 45, Railroads. Pub. L. 93-445
completely amended and revised the Railroad Retirement Act of 1937
(approved June 24, 1937, ch. 382, 50 Stat. 307), and as thus
amended and revised, the 1937 Act was redesignated the Railroad
Retirement Act of 1974. Previously, the 1937 Act had completely
amended and revised the Railroad Retirement Act of 1935 (approved
Aug. 29, 1935, ch. 812, 49 Stat. 967). Section 201 of the 1937 Act
provided that the 1935 Act, as in force prior to amendment by the
1937 Act, may be cited as the Railroad Retirement Act of 1935; and
that the 1935 Act, as amended by the 1937 Act may be cited as the
Railroad Retirement Act of 1937. The Railroad Retirement Acts of
1935 and 1937 were classified to subchapter II (Sec. 215 et seq.)
and subchapter III (Sec. 228a et seq.), respectively, of chapter 9
of Title 45. For further details and complete classification of
these Acts to the Code, see Codification note set out preceding
section 231 of Title 45, section 231t of Title 45, and Tables.
Title VIII of the Social Security Act, referred to in subsec.
(c)(5)(F)(i), was classified to subchapter VIII (Sec. 1001 et seq.)
of this chapter, and has been omitted from the Code.
Subchapter E of chapter 1 and subchapter A of chapter 9 of the
Internal Revenue Code of 1939, referred to in subsec. (c)(5)(F)(i),
were comprised of sections 480 to 482 and 1400 to 1432,
respectively, and were repealed (subject to certain exceptions) by
section 7851(a)(1)(A), (3) of the Internal Revenue Code of 1986.
For provision deeming a reference in other laws to a provision of
the 1939 Code as a reference to the corresponding provisions of the
1986 Code, see section 7852(b) of the 1986 Code. For table of
comparisons of the 1939 Code to the 1986 Code, see table preceding
section 1 of Title 26, Internal Revenue Code. The Internal Revenue
Code of 1986 is classified generally to Title 26.
Chapters 2 and 21 of the Internal Revenue Code of 1954, referred
to in subsec. (c)(5)(F)(i), were redesignated chapters 2 and 21 of
the Internal Revenue Code of 1986, and are classified to sections
1401 et seq. and 3101 et seq., respectively, of Title 26.
Section 904 of this title, referred to in subsec. (j)(6), was
amended generally by Pub. L. 103-296, title I, Sec. 104(a), Aug.
15, 1994, 108 Stat. 1470, and, as so amended, does not require an
annual report.
The Peace Corps Act, referred to in subsec. (p)(1), is Pub. L.
87-293, Sept. 22, 1961, 75 Stat. 612, as amended, which is
classified principally to chapter 34 (Sec. 2501 et seq.) of Title
22, Foreign Relations and Intercourse. For complete classification
of this Act to the Code, see Short Title note set out under section
2501 of Title 22 and Tables.
Section 3122 of the Internal Revenue Code of 1954, referred to in
subsec. (p)(1), redesignated section 3122 of the Internal Revenue
Code of 1986 by Pub. L. 99-514, Sec. 2, Oct. 22, 1986, 100 Stat.
2095, and is classified to section 3122 of Title 26, Internal
Revenue Code.

-COD-
CODIFICATION
August 15, 1994, referred to in subsec. (c)(2)(E)(iii), was in
the original ''the date of the enactment of this subparagraph'' and
''that date'', which were translated as meaning the date of
enactment of Pub. L. 103-296, which added subsec. (c)(2)(E) and
redesignated former subsec. (c)(2)(E) as (c)(2)(F).
In subsec. (g), act June 25, 1948, as amended by act May 24,
1949, substituted United States District Court for the District of
Columbia, for District Court of the United States for the District
of Columbia.

-MISC3-
AMENDMENTS
1994 - Subsec. (a). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary''.
Subsec. (b)(1), (2). Pub. L. 103-296, Sec. 107(a)(4), substituted
wherever appearing ''Commissioner of Social Security'' for
''Secretary'', ''Commissioner's'' for ''Secretary's'', ''the
Commissioner may'' for ''he may'', ''the Commissioner shall'' for
''he shall'', and ''the Commissioner's'' for ''his'' except in the
phrase ''his or her rights''.
Subsec. (b)(3)(A). Pub. L. 103-296, Sec. 321(a)(7), realigned
margin.
Subsec. (b)(3)(B). Pub. L. 103-296, Sec. 321(a)(7), realigned
margin.
Pub. L. 103-296, Sec. 107(a)(4), substituted ''Commissioner of
Social Security'' for ''Secretary''.
Subsec. (c)(1)(D)(i). Pub. L. 103-296, Sec. 321(c)(6)(B),
substituted ''Code of 1986'' for ''Code of 1954''.
Subsec. (c)(2)(A). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary'' in two places
and ''the Commissioner deems'' for ''he deems''.
Subsec. (c)(2)(B)(i). Pub. L. 103-296, Sec. 304(a)(1),
substituted ''(F)'' for ''(E)'' in introductory provisions.
Pub. L. 103-296, Sec. 107(a)(4), substituted ''In carrying out
the Commissioner's duties'' for ''In carrying out his duties'' in
introductory provisions and ''Commissioner of Social Security'' for
''Secretary'' wherever appearing.
Subsec. (c)(2)(B)(ii). Pub. L. 103-296, Sec. 107(a)(4),
substituted ''Commissioner of Social Security'' for ''Secretary''.
Subsec. (c)(2)(B)(iii). Pub. L. 103-296, Sec. 321(a)(8),
substituted ''nonpublic'' for ''non-public''.
Pub. L. 103-296, Sec. 107(a)(4), substituted ''Commissioner of
Social Security'' for ''Secretary''.
Subsec. (c)(2)(C)(i), (ii). Pub. L. 103-296, Sec. 107(a)(4),
substituted ''Commissioner of Social Security'' for ''Secretary''
wherever appearing.
Subsec. (c)(2)(C)(iii). Pub. L. 103-296, Sec. 321(a)(9)(B),
redesignated the cl. (iii) as added by Pub. L. 101-624, Sec.
2201(b)(3), as cl. (iv).
Pub. L. 103-296, Sec. 316(a), amended cl. (iii) as added by Pub.
L. 101-624, Sec. 1735(a)(3), by inserting subcl. (I) designation
before ''In the administration'' and by substituting subcls. (II)
to (IV) for ''The Secretary of Agriculture shall restrict, to the
satisfaction of the Secretary of Health and Human Services, 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 administration or
enforcement of the Food Stamp Act of 1977. The Secretary of
Agriculture shall provide such other safeguards as the Secretary of
Health and Human Services determines to be necessary or appropriate
to protect the confidentiality of the social security account
numbers.''
Subsec. (c)(2)(C)(iii)(III), (IV). Pub. L. 103-296, Sec.
107(a)(1), in cl. (iii) as amended by Pub. L. 103-296, Sec. 316(a),
substituted ''Commissioner of Social Security'' for ''Secretary of
Health and Human Services''.
Subsec. (c)(2)(C)(iv). Pub. L. 103-296, Sec. 321(a)(9)(B),
redesignated the cl. (iii) as added by Pub. L. 101-624, Sec.
2201(b)(3), as cl. (iv). Former cl. (iv) redesignated (v).
Pub. L. 103-296, Sec. 107(a)(1), in cl. (iv) as redesignated by
Pub. L. 103-296, Sec. 321(a)(9)(B), substituted ''Commissioner of
Social Security'' for ''Secretary of Health and Human Services'' in
two places.
Subsec. (c)(2)(C)(v). Pub. L. 103-296, Sec. 321(a)(9)(B), (C),
redesignated cl. (iv) as (v), and substituted ''policy set forth in
clause (i)'' for ''policy set forth in subclause (I) of clause
(i)'' and ''clause (ii)'' for ''subclause (II) of clause (i)''.
Former cl. (v) redesignated (vi).
Subsec. (c)(2)(C)(vi). Pub. L. 103-296, Sec. 321(a)(9)(B),
redesignated cl. (v) as (vi). Former cl. (vi) redesignated (vii).
Subsec. (c)(2)(C)(vii). Pub. L. 103-296, Sec. 321(a)(9)(B),
redesignated cl. (vi) as (vii). Former cl. (vii) added by Pub. L.
101-624, Sec. 1735(b), redesignated (viii).
Pub. L. 103-296, Sec. 321(a)(9)(A), struck out cl. (vii) added by
Pub. L. 101-624, Sec. 2201(c), which was substantially identical to
the cl. (vii) added by Pub. L. 101-624, Sec. 1735(b).
Subsec. (c)(2)(C)(viii). Pub. L. 103-296, Sec. 321(a)(9)(B), (D),
redesignated the cl. (vii) added by Pub. L. 101-624, Sec. 1735(b),
as (viii) and inserted ''a social security account number or''
before ''a request for'' in subcl. (IV).
Subsec. (c)(2)(C)(ix). Pub. L. 103-296, Sec. 318, added cl. (ix).
Pub. L. 103-296, Sec. 107(a)(1), amended cl. (ix) as added by
Pub. L. 103-296, Sec. 318, by substituting ''Commissioner of Social
Security'' for ''Secretary of Health and Human Services'' in two
places.
Subsec. (c)(2)(D)(i)(I), (II). Pub. L. 103-296, Sec. 107(a)(4),
substituted ''Commissioner of Social Security'' for ''Secretary''.
Subsec. (c)(2)(E). Pub. L. 103-296, Sec. 304(a)(3), added subpar.
(E). Former subpar. (E) redesignated (F).
Pub. L. 103-296, Sec. 107(a)(4), in subpar. (E) added by Pub. L.
103-296, Sec. 304(a)(3), substituted ''Commissioner of Social
Security'' for ''Secretary''.
Subsec. (c)(2)(F), (G). Pub. L. 103-296, Sec. 304(a)(2),
redesignated subpars. (E) and (F) as (F) and (G), respectively.
Pub. L. 103-296, Sec. 107(a)(4), in subpars. (F) and (G) as
redesignated by Pub. L. 103-296, Sec. 304(a)(2), substituted
''Commissioner of Social Security'' for ''Secretary'' wherever
appearing.
Subsec. (c)(3). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner's'' for ''Secretary's'' and ''Commissioner of Social
Security'' for ''Secretary''.
Subsec. (c)(4). Pub. L. 103-296, Sec. 107(a)(4), in introductory
provisions, substituted ''Commissioner of Social Security'' for
''Secretary'' and substituted ''the Commissioner's'' for ''his''
wherever appearing, in subpars. (A) and (B), substituted
''Commissioner's'' for ''Secretary's'', and in subpar. (C),
substituted ''Commissioner's records as'' for ''Secretary's records
as'', ''Commissioner of Social Security'' for ''Secretary'', and
''the Commissioner's records the'' for ''his records the''.
Subsec. (c)(5). Pub. L. 103-296, Sec. 107(a)(4), in introductory
provisions substituted ''Commissioner of Social Security'' for
''Secretary'' and substituted ''the Commissioner's'' for ''his'' in
two places.
Subsec. (c)(5)(B). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner's'' for ''Secretary's'' in two places.
Subsec. (c)(5)(F). Pub. L. 103-296, Sec. 107(a)(4), substituted
''the Commissioner's'' for ''his'' in introductory provisions,
''Commissioner of Social Security'' for ''Secretary'' in cl. (ii),
and ''Commissioner's'' for ''Secretary's'' in closing provisions.
Subsec. (c)(5)(F)(i). Pub. L. 103-296, Sec. 321(c)(3), inserted
''or the Internal Revenue Code of 1986'' after ''Code of 1954''.
Subsec. (c)(5)(G), (J), (6), (7). Pub. L. 103-296, Sec.
107(a)(4), substituted ''Commissioner of Social Security'' for
''Secretary'' wherever appearing and ''the Commissioner's'' for
''his'' before ''records'' in two places in par. (7).
Subsec. (c)(8). Pub. L. 103-296, Sec. 206(a)(1)(B), added par.
(8). Former par. (8) redesignated (9).
Subsec. (c)(9). Pub. L. 103-296, Sec. 206(a)(1)(A), redesignated
par. (8) as (9).
Pub. L. 103-296, Sec. 107(a)(4), in par. (9) as redesignated by
Pub. L. 103-296, Sec. 206(a)(1)(A), substituted ''Commissioner of
Social Security'' for ''Secretary''.
Subsec. (d). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary'' wherever
appearing, ''the Commissioner's'' for ''his'' before
''jurisdiction'', and ''by the Commissioner'' for ''by him''.
Subsec. (e). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary''.
Subsec. (g). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary'' wherever
appearing, ''the Commissioner's'' for ''his'' wherever appearing
except in second sentence, and ''the Commissioner files'' for ''he
files''.
Subsec. (h). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary'' wherever
appearing.
Subsec. (i). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary'' wherever
appearing and ''Commissioner's'' for ''Secretary's''.
Subsec. (j). Pub. L. 103-296, Sec. 321(a)(10), made technical
amendment to heading.
Subsec. (j)(1). Pub. L. 103-296, Sec. 201(a)(1)(A), designated
existing provisions as subpar. (A), in last sentence inserted '',
if the interest of the individual under this subchapter would be
served thereby,'' after ''payee or'', and added subpar. (B).
Pub. L. 103-296, Sec. 107(a)(4), in par. (1) as amended by Pub.
L. 103-296, Sec. 201(a)(1)(A), substituted ''Commissioner of Social
Security'' for ''Secretary'' wherever appearing and
''Commissioner's'' for ''Secretary's'' in two places in subpar.
(B).
Subsec. (j)(2)(A) to (C)(iv). Pub. L. 103-296, Sec. 107(a)(4),
substituted ''Commissioner of Social Security'' for ''Secretary''
wherever appearing.
Subsec. (j)(2)(C)(v). Pub. L. 103-296, Sec. 201(a)(2)(A), added
cl. (v).
Pub. L. 103-296, Sec. 107(a)(4), in cl. (v) as added by Pub. L.
103-296, Sec. 201(a)(2)(A), substituted ''Commissioner's'' for
''Secretary's'' in introductory provisions and ''Commissioner of
Social Security'' for ''Secretary'' in subcl. (IV) and closing
provisions.
Subsec. (j)(2)(D)(i). Pub. L. 103-296, Sec. 107(a)(4),
substituted ''Commissioner of Social Security'' for ''Secretary''
in two places.
Subsec. (j)(2)(D)(ii)(II). Pub. L. 103-296, Sec. 201(a)(1)(B),
substituted '', under the age of 15 years, or (if alcoholism or
drug addiction is a contributing factor material to the Secretary's
determination that the individual is under a disability) is
eligible for benefits under this subchapter by reason of
disability.'' for ''or under the age of 15''.
Pub. L. 103-296, Sec. 107(a)(4), in subcl. (II) as amended by
Pub. L. 103-296, Sec. 201(a)(1)(B), substituted ''Commissioner's''
for ''Secretary's'' in two places.
Subsec. (j)(2)(D)(iii), (E), (3)(A), (B), (D), (E). Pub. L.
103-296, Sec. 107(a)(4), substituted ''Commissioner of Social
Security'' for ''Secretary'' wherever appearing and
''Commissioner's'' for ''Secretary's'' in par. (2)(E)(i) and (ii).
Subsec. (j)(4)(A). Pub. L. 103-296, Sec. 201(a)(2)(B)(i),
designated existing provisions as cl. (i), redesignated former cls.
(i) and (ii) as subcls. (I) and (II), respectively, added new
subcl. (II) and struck out former subcl. (II) (as redesignated)
which read ''$25.00 per month.'', inserted ''The Secretary 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
415(i)(2)(A) of this title, except that any amount so adjusted that
is not a multiple of $1.00 shall be rounded to the nearest multiple
of $1.00.'' before ''Any agreement'' in concluding provisions, and
added cl. (ii).
Pub. L. 103-296, Sec. 107(a)(4), in subpar. (A) as amended by
Pub. L. 103-296, Sec. 201(a)(2)(B)(i), substituted
''Commissioner's'' for ''Secretary's'' and ''Commissioner of Social
Security'' for ''Secretary''.
Subsec. (j)(4)(B). Pub. L. 103-296, Sec. 201(a)(2)(B)(ii), in
introductory provisions, inserted ''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'' after
''means any'', substituted ''representative payee, if such
agency,'' for ''representative payee and which,'', substituted a
period for '', and'' at end of cl. (ii), and struck out cl. (iii)
which read as follows: ''was in existence on October 1, 1988.''
Pub. L. 103-296, Sec. 107(a)(4), substituted ''Commissioner of
Social Security'' for ''Secretary'' wherever appearing.
Subsec. (j)(4)(D). Pub. L. 103-296, Sec. 201(a)(2)(B)(iii),
struck out subpar. (D) which read as follows: ''This paragraph
shall cease to be effective on July 1, 1994.''
Subsec. (j)(5). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary'' wherever
appearing.
Subsec. (j)(6). Pub. L. 103-296, Sec. 321(f)(2)(A), made
technical correction to Pub. L. 101-508, Sec. 5105(d)(1)(A). See
1990 Amendment note below.
Pub. L. 103-296, Sec. 107(a)(4), in par. (6) as amended by Pub.
L. 103-296, Sec. 321(f)(2)(A), substituted ''Commissioner of Social
Security'' for ''Secretary'' wherever appearing.
Subsec. (j)(7). Pub. L. 103-296, Sec. 201(a)(2)(C), added par.
(7).
Subsec. (k). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary''.
Subsec. (l). Pub. L. 103-296, Sec. 107(a)(2), (4), substituted
''Commissioner of Social Security'' for ''Secretary'', ''Social
Security Administration'' for ''Department of Health and Human
Services'', ''by the Commissioner'' for ''by him'', ''upon the
Commissioner'' for ''upon him'', and ''the Commissioner's'' for
''his''.
Subsec. (n). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security may, in the Commissioner's
discretion'' for ''Secretary may, in his discretion''.
Subsec. (p)(1), (2). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary'' wherever
appearing, ''the Commissioner's'' for ''Secretary's'' in par. (1),
and ''to the Commissioner'' for ''to him'' in par. (2).
Subsecs. (q), (r). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary'' wherever
appearing, ''the Commissioner finds'' for ''he finds'' in subsec.
(q)(2), and ''the Commissioner may'' for ''he may'' in subsec.
(q)(3).
Subsec. (s). Pub. L. 103-296, Sec. 321(a)(11), made technical
amendment to heading.
Pub. L. 103-296, Sec. 107(a)(4), substituted ''Commissioner of
Social Security'' for ''Secretary'' in two places in introductory
provisions.
Subsec. (t). Pub. L. 103-296, Sec. 107(a)(4), substituted
''Commissioner of Social Security'' for ''Secretary'' in closing
provisions.
Subsec. (u). Pub. L. 103-296, Sec. 206(d)(1), added subsec. (u).
Pub. L. 103-296, Sec. 107(a)(4), in subsec. (u) added by Pub. L.
103-296, Sec. 206(d)(1), substituted ''Commissioner of Social
Security'' for ''Secretary'' wherever appearing.
1990 - Subsec. (b)(3). Pub. L. 101-508, Sec. 5107(a)(1), added
par. (3).
Subsec. (c)(2)(C). Pub. L. 101-624, Sec. 1735(a), (b), 2201(b),
(c), made similar amendments redesignating subcls. (I) and (II) of
former cl. (i) as cls. (i) and (ii), respectively, adding two cls.
(iii) which are different, redesignating former cls. (ii) to (iv)
as (iv) to (vi), respectively, and adding two substantially
identical cls. (vii). Cls. (iii) and (vii), as added by Sec. 1735
of Pub. L. 101-624, are set out first and cls. (iii) and (vii), as
added by Sec. 2201 of Pub. L. 101-624, are set out second.
Subsec. (j). Pub. L. 101-508, Sec. 5105(a)(1)(A), inserted
heading ''Representative payees''.
Subsec. (j)(1). Pub. L. 101-508, Sec. 5105(a)(1)(A), amended par.
(1) generally. Prior to amendment, par. (1) read as follows:
''When it appears to the Secretary that the interest of an
applicant entitled to a payment would be served thereby,
certification of payment may be made, regardless of the legal
competency or incompetency of the individual entitled thereto,
either for direct payment to such applicant, or for his use and
benefit to a relative or some other person.''
Subsec. (j)(2). Pub. L. 101-508, Sec. 5105(a)(2)(A)(i), amended
par. (2) generally. Prior to amendment, par. (2) read as follows:
''Any certification made under paragraph (1) for payment to a
person other than the individual entitled to such payment must be
made on the basis of an investigation, carried out either prior to
such certification or within forty-five days after such
certification, and on the basis of adequate evidence that such
certification is in the interest of the individual entitled to such
payment (as determined by the Secretary in regulations). The
Secretary shall ensure that such certifications are adequately
reviewed.''
Subsec. (j)(3)(B), (C). Pub. L. 101-508, Sec. 5105(b)(1)(A)(i),
(ii), redesignated subpars. (C) and (D) as (B) and (C),
respectively, and struck out former subpar. (B) which read as
follows: ''Subparagraph (A) shall not apply in any case where the
other person to whom such payment is made is a parent or spouse of
the individual entitled to such payment who lives in the same
household as such individual. The Secretary shall require such
parent or spouse to verify on a periodic basis that such parent or
spouse continues to live in the same household as such
individual.''
Subsec. (j)(3)(D). Pub. L. 101-508, Sec. 5105(b)(1)(A)(ii),
(iii), redesignated subpar. (E) as (D) and substituted ''(A), (B),
and (C)'' for ''(A), (B), (C), and (D)''. Former subpar. (D)
redesignated (C).
Subsec. (j)(3)(E), (F). Pub. L. 101-508, Sec. 5105(b)(1)(A)(ii),
(iv), added subpars. (E) and (F) and redesignated former subpar.
(E) as (D).
Subsec. (j)(4). Pub. L. 101-508, Sec. 5105(a)(3)(A)(i), added
par. (4). Former par. (4) redesignated (5).
Subsec. (j)(5). Pub. L. 101-508, Sec. 5105(c)(1), added par. (5)
relating to negligent failure of the Secretary to investigate or
monitor. Former par. (5), relating to annual report, redesignated
(6).
Pub. L. 101-508, Sec. 5105(a)(3)(A)(i), redesignated par. (4),
relating to annual report, as (5).
Subsec. (j)(6). Pub. L. 101-508, Sec. 5105(d)(1)(A), as amended
by Pub. L. 103-296, Sec. 321(f)(2)(A), amended par. (6) generally.
Prior to amendment, par. (6) read as follows:
''(A) The Secretary shall make an initial report to each House of
the Congress on the implementation of paragraphs (2) and (3) within
270 days after October 9, 1984.
''(B) The Secretary shall include as a part of the annual report
required under section 904 of this title, information with respect
to the implementation of paragraphs (2) and (3), including the
number of cases in which the payee was changed, the number of cases
discovered where there has been a misuse of funds, how any such
cases were dealt with by the Secretary, the final disposition of
such cases, including any criminal penalties imposed, and such
other information as the Secretary determines to be appropriate.''
Pub. L. 101-508, Sec. 5105(c)(1), redesignated par. (5), relating
to annual report, as (6).
Subsec. (s). Pub. L. 101-508, Sec. 5109(a)(1), added subsec. (s).
1989 - Subsec. (c)(5)(H). Pub. L. 101-239, Sec. 10304, struck out
''if there is an absence of an entry in the Secretary's records of
wages having been paid by such employer to such individual in such
period'' before semicolon at end.
Subsec. (t). Pub. L. 101-239, Sec. 10303(a), added subsec. (t).
1988 - Subsec. (c)(2)(B)(i). Pub. L. 100-647, Sec. 8009(a)(1),
inserted ''and subparagraph (E)'' after ''subparagraph (A)''.
Subsec. (c)(2)(C)(i). Pub. L. 100-485, Sec. 125(a)(1), designated
existing provisions as subcl. (I) and added subcl. (II).
Subsec. (c)(2)(C)(ii). Pub. L. 100-485, Sec. 125(a)(2),
substituted ''subclause (I) of clause (i)'' for ''clause (i) of
this subparagraph'' and inserted at end ''If and to the extent that
any such provision is inconsistent with the requirement set forth
in subclause (II) of clause (i), such provision shall, on and after
October 13, 1988, be null, void, and of no effect.''
Subsec. (c)(2)(C)(iii). Pub. L. 100-647, Sec. 8016(a)(1),
substituted ''of this Act'' for ''of the Social Security Act'',
which for purposes of codification was translated as ''of this
chapter''.
Subsec. (c)(2)(D). Pub. L. 100-647, Sec. 8008(a)(2), added
subpar. (D). Former subpar. (D) redesignated (E).
Subsec. (c)(2)(E). Pub. L. 100-647, Sec. 8009(a)(3), added
subpar. (E). Former subpar. (E) redesignated (F).
Pub. L. 100-647, Sec. 8008(a)(1), redesignated former subpar. (D)
as (E).
Subsec. (c)(2)(F). Pub. L. 100-647, Sec. 8009(a)(2), redesignated
former subpar. (E) as (F).
Subsec. (p)(1). Pub. L. 100-647, Sec. 8015(a)(1), substituted
''the Secretary 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'' for ''the Secretary shall not make
determinations as to whether an individual has performed such
service, the periods of such service, the amounts of remuneration
for such service which constitute wages under the provisions of
section 409 of this title, or the periods in which or for which
such wages were paid'' and inserted at end ''Nothing in this
paragraph shall be construed to affect the Secretary's authority to
determine under sections 409 and 410 of this title whether any such
service constitutes employment, the periods of such employment, and
whether remuneration paid for any such service constitutes wages.''
1986 - Subsec. (c)(1)(D)(i). Pub. L. 99-509, Sec. 9002(c)(2)(A),
inserted ''(as in effect prior to December 31, 1986)''.
Subsec. (c)(5)(F)(iii). Pub. L. 99-509, Sec. 9002(c)(2)(B),
inserted ''(as in effect prior to December 31, 1986)'' and ''(as so
in effect)''.
1984 - Subsec. (c)(5)(D). Pub. L. 98-369, Sec. 2663(a)(4)(A),
inserted ''of 1937 or 1974'' after ''Railroad Retirement Act'' in
two places.
Subsec. (c)(5)(I). Pub. L. 98-369, Sec. 2663(a)(4)(B), inserted
''or section 7(b)(7) of the Railroad Retirement Act of 1974''.
Subsec. (e). Pub. L. 98-369, Sec. 2663(a)(4)(C), substituted ''an
order'' for ''on order''.
Subsec. (h). Pub. L. 98-369, Sec. 2663(a)(4)(D), substituted
''section 1331 or 1346 of title 28'' for ''section 24 of the
Judicial Code of the United States''.
Subsec. (i). Pub. L. 98-369, Sec. 2663(a)(4)(E), substituted
''the Fiscal Service of the Department of the Treasury'' for ''the
Division of Disbursement of the Treasury Department''.
Subsec. (j). Pub. L. 98-460 designated existing provisions as
par. (1) and added pars. (2) to (4).
Subsec. (l). Pub. L. 98-369, Sec. 2663(j)(4), substituted
''Department of Health and Human Services'' for ''Federal Security
Agency''.
Subsec. (p)(1). Pub. L. 98-369, Sec. 2663(a)(4)(F), substituted
''section 3122 of the Internal Revenue Code of 1954'' for ''section
1420(e) of the Internal Revenue Code of 1939''.
Subsec. (r)(4). Pub. L. 98-369, Sec. 2661(h)(1), substituted
''subparagraphs (A) and (B) of paragraph (3)'' for ''paragraph
(3)(A) and (B)''.
Subsec. (r)(7). Pub. L. 98-369, Sec. 2661(h)(2), substituted
''this Act'' for ''the Act'' which was translated as ''this
title''.
1983 - Subsec. (b). Pub. L. 98-21, Sec. 301(d)(1), 309(i)(1), in
par. (1) inserted ''divorced husband,'' after ''husband,'',
''surviving divorced husband,'' after ''widower,'', and ''surviving
divorced father,'' after ''surviving divorced mother,''.
Pub. L. 97-455 designated existing provisions as par. (1) and
added par. (2).
Subsec. (c)(1)(C). Pub. L. 98-21, Sec. 301(d)(2), 309(i)(2),
inserted ''surviving divorced husband,'' after ''wife,'' and
''surviving divorced father,'' after ''surviving divorced
mother,''.
Subsec. (c)(2)(D). Pub. L. 98-21, Sec. 345(a), added subpar. (D).
Subsec. (r). Pub. L. 98-21, Sec. 336, added subsec. (r).
1980 - Subsec. (b). Pub. L. 96-265, Sec. 305(a), inserted
provisions relating to the information that must accompany a
decision by the Secretary.
Subsec. (g). Pub. L. 96-265, Sec. 307, substituted ''The court
may, on motion of the Secretary made for good cause shown before he
files his answer, remand the case to the Secretary for further
action by the Secretary, and it may at any time order additional
evidence to be taken before the Secretary, 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;'' for ''The court shall, on motion of the
Secretary made before he files his answer, remand the case to the
Secretary for further action by the Secretary, and may, at any
time, on good cause shown, order additional evidence to be taken
before the Secretary,''.
1978 - Subsec. (p)(3). Pub. L. 95-600 substituted ''Secretary of
Transportation'' for ''Secretary of the Treasury'' in two places.
1977 - Subsec. (c)(1)(A). Pub. L. 95-216, Sec. 353(f)(2)(A),
struck out ''(as defined in section 411(e) of this title)'' after
''taxable year''.
Subsec. (c)(1)(D). Pub. L. 95-216, Sec. 353(f)(2)(B), added
subpar. (D).
Subsec. (o). Pub. L. 95-216, Sec. 353(f)(2)(C), inserted ''before
1978'' after ''calendar year''.
1976 - Subsec. (b). Pub. L. 94-202 substituted provisions that a
request for a hearing following the decision of the Secretary be
made within sixty days after notice of such decision is received
for provisions which authorized the Secretary to prescribe by
regulation the period within which to file a request, including the
limitation that the period so prescribed be not less than six
months after notice of the decision was mailed.
Subsec. (c)(2)(C). Pub. L. 94-455 added subpar. (C).
1974 - Subsec. (i). Pub. L. 93-445, Sec. 302(a), inserted
parenthetical provision covering service under the Railroad
Retirement Acts of 1937 and 1974 and certification to the Railroad
Retirement Board and payment on behalf of the Managing Trustee in
accordance with the provisions of the Railroad Retirement Act of
1974.
Subsec. (o). Pub. L. 93-445, Sec. 303, substituted ''annuity
under section 2 of the Railroad Retirement Act of 1974'' for
''section 5 of the Railroad Retirement Act of 1937'', ''section
6(b) of such Act'' for ''subsection (f)(1) of such section'', and
''section 3(i) of such Act'' for ''section 4 of such Act''.
1972 - Subsec. (c)(2). Pub. L. 92-603 designated existing
provisions as par. (A) and added par. (B).
1970 - Subsec. (f). Pub. L. 91-452 struck out subsec. (f) which
related to the immunity from prosecution of any person compelled to
testify or produce evidence after claiming his privilege against
self-incrimination.
1968 - Subsec. (q). Pub. L. 90-248, Sec. 171(a), added subsec.
(q).
1965 - Subsec. (b). Pub. L. 89-97, Sec. 308(d)(9), substituted in
second sentence ''wife, divorced wife, widow, surviving divorced
wife, surviving divorced mother,'' for ''wife, widow, former wife
divorced,''.
Subsec. (c)(1)(C). Pub. L. 89-97, Sec. 308(d)(10), substituted
''surviving divorced wife, surviving divorced mother,'' for
''former wife divorced,''.
Subsec. (n). Pub. L. 89-97, Sec. 330, provided that Secretary of
the Treasury may authorize surviving payee or payees of a combined
benefit check to cash one or more such checks which were not
negotiated before one of payees died, provided that part of
proceeds from each check that represents an overpayment is to be
adjusted or recovered as provided in section 404(a) of this title.
1961 - Subsec. (p)(1). Pub. L. 87-293 provided that head of
Federal agency having control of service or such agents as the head
may designate would make determinations with respect to employment
and wages in case of service performed by volunteers and volunteer
leaders in Peace Corps.
1960 - Subsec. (c)(5)(F). Pub. L. 86-778, Sec. 102(f)(2),
authorized the Secretary to add, change, or delete entries to
conform his records to assessments of amounts due under an
agreement pursuant to section 418 of this title, if such
assessments are made within the period specified in subsection (q)
of such section, or allowances of credits or refunds of
overpayments by a State under an agreement pursuant to such
section, and inserted references to chapters 2 and 21 of the
Internal Revenue Code of 1954.
Subsec. (d). Pub. L. 86-507 inserted ''or by certified mail''
after ''registered mail'' in two places.
Subsec. (g). Pub. L. 86-778, Sec. 702(a), inserted sentence
providing that any action instituted in accordance with this
subsection shall survive notwithstanding any change in the person
occupying the office of Secretary or any vacancy in such office.
Subsec. (p)(1). Pub. L. 86-778, Sec. 103(j)(2)(E), substituted
''subsection (l)(1)'' for ''subsection (m)(1)''.
1956 - Subsec. (b). Act Aug. 1, 1956, ch. 836, Sec. 111(a),
required requests with respect to decisions to be filed within such
period as the Secretary prescribes by regulation, which period may
not be less than six months after notice of the decision is mailed.
Subsec. (c)(1)(B). Act Aug. 1, 1956, ch. 836, Sec. 107(b),
substituted ''three months'' for ''two months''.
Subsec. (c)(5)(F). Act Aug. 1, 1956, ch. 836, Sec. 117, struck
out provisions prohibiting inclusion in records of amount of
self-employment income in excess of the amount which had been
deleted as payments erroneously included in such records as wages
paid to such individual in such taxable year, which provisions are
now covered by subsec. (c)(5)(J) of this section.
Subsec. (c)(5)(J). Act Aug. 1, 1956, ch. 836, Sec. 117, added
subpar. (J).
Subsec. (p)(1). Act Aug. 1, 1956, ch. 837, provided for
determinations with respect to service performed as a member of a
uniformed service to which the provisions of section 410(m)(1) of
this title are applicable.
1954 - Subsec. (o). Act Sept. 1, 1954, Sec. 101(a)(5),
substituted ''section 410(a)(9)'' for ''section 410(a)(10)''.
Subsec. (p)(3). Act Sept. 1, 1954, Sec. 101(c)(3), inserted
provisions making subsec. (p)(1) and (2) applicable to services
performed by a civilian employee in the Coast Guard Exchanges or
certain other activities at Coast Guard installations.
1952 - Subsec. (o). Act July 18, 1952, substituted ''subsection
(a) or (e) of section 417 of this title'' for ''section 417(a) of
this title''.
1950 - Act Aug. 28, 1950, Sec. 109(b)(1), substituted
''Administrator'' for ''Board'', ''Administrator's'' for
''Board's'', ''he'', ''him'', and ''his'' for ''it'', and ''its'',
wherever appearing.
Subsec. (b). Act Aug. 28, 1950, Sec. 108(a), inserted ''former
wife divorced, husband, widower,'' after ''widow''.
Subsec. (c). Act Aug. 28, 1950, Sec. 108(b), amended subsec. (c)
generally to include definitions, to provide for the maintaining of
records of self-employed persons, to allow for the revision of the
Administrator's record, to authorize corrections after the times
limitations if an application for monthly benefits or a lump-sum
death payment is filed within the time limitation and no final
decision has been made on it, to continue the requirement that
written notice of any deletion or reduction of wages be given to
the individual whose record is involved, to give the Administrator
discretion to prescribe the period, after any change or refusal to
change his records, within which an individual may be granted a
hearing, and to provide for judicial review.
Subsec. (l). Act Aug. 28, 1950, Sec. 109(b)(2), amended subsec.
(l) generally.
Subsecs. (o), (p). Act Aug. 28, 1950, Sec. 108(c), added subsecs.
(o) and (p).
1939 - Act Aug. 10, 1939, omitted former section 405 relating to
payments of $500 or less to estates, and added subsecs. (a) to (n).
EFFECTIVE DATE OF 1994 AMENDMENT
Amendment by section 107(a)(1), (2), (4) of Pub. L. 103-296
effective Mar. 31, 1995, see section 110(a) of Pub. L. 103-296, set
out as a note under section 401 of this title.
Section 201(a)(1)(D) of Pub. L. 103-296 provided that:
''(i) General rule. - Except as provided in clause (ii), the
amendments made by this paragraph (amending this section) shall
apply with respect to benefits paid in months beginning after 180
days after the date of the enactment of this Act (Aug. 15, 1994).''
''(ii) Treatment of current beneficiaries. - In any case in which
-
''(I) an individual is entitled to benefits based on disability
(as defined in section 205(j)(7) of the Social Security Act
(subsec. (j)(7) of this section), as amended by this section),
''(II) the determination of disability was made by the
Secretary of Health and Human Services during or before the
180-day period following the date of the enactment of this Act,
and
''(III) alcoholism or drug addiction is a contributing factor
material to the Secretary's determination that the individual is
under a disability,
the amendments made by this paragraph shall apply with respect to
benefits paid in months after the month in which such individual is
notified by the Secretary in writing that alcoholism or drug
addiction is a contributing factor material to the Secretary's
determination and that the Secretary is therefore required to make
a certification of payment of such individual's benefits to a
representative payee.''
Section 201(a)(2)(B)(iii) of Pub. L. 103-296 provided that the
amendment made by that section is effective July 1, 1994.
Section 201(a)(2)(D) of Pub. L. 103-296 provided that: ''Except
as provided in subparagraph (B)(iii) (set out above), the
amendments made by this paragraph (amending this section) shall
apply with respect to months beginning after 90 days after the date
of the enactment of this Act (Aug. 15, 1994).''
Section 206(a)(3) of Pub. L. 103-296 provided that: ''The
amendments made by this subsection (amending this section and
section 1383 of this title) shall apply to translations made on or
after October 1, 1994.''
Section 206(d)(3) of Pub. L. 103-296 provided that: ''The
amendments made by this subsection (amending this section and
section 1383 of this title) shall take effect on October 1, 1994,
and shall apply to determinations made before, on, or after such
date.''
Section 304(c) of Pub. L. 103-296 provided that: ''The amendments
made by this section (amending this section and section 1320b-10 of
this title) shall take effect on the date of the enactment of this
Act (Aug. 15, 1994).''
Section 321(f)(5) of Pub. L. 103-296 provided that: ''Each
amendment made by this subsection (amending this section and
sections 406, 423, 1320a-6, and 1383 of this title) shall take
effect as if included in the provisions of the Omnibus Budget
Reconciliation Act of 1990 (Pub. L. 101-508) to which such
amendment relates, except that the amendments made by paragraph
(3)(B) (amending sections 406 and 1320a-6 of this title) shall
apply with respect to favorable judgments made after 180 days after
the date of the enactment of this Act (Aug. 15, 1994).''
EFFECTIVE DATE OF 1990 AMENDMENTS
Amendment by section 1735(a), (b) of Pub. L. 101-624 effective
and implemented first day of month beginning 120 days after
publication of implementing regulations to be promulgated not later
than Oct. 1, 1991, see section 1781(a) of Pub. L. 101-624, set out
as a note under section 2012 of Title 7, Agriculture.
Section 5105(a)(5) of Pub. L. 101-508 provided that:
''(A) Use and selection of representative payees. - The
amendments made by paragraphs (1) and (2) (amending this section
and section 1383 of this title) shall take effect July 1, 1991, and
shall apply only with respect to -
''(i) certifications of payment of benefits under title II of
the Social Security Act (this subchapter) to representative
payees made on or after such date; and
''(ii) provisions for payment of benefits under title XVI of
such Act (subchapter XVI of this chapter) to representative
payees made on or after such date.
''(B) Compensation of representative payees. - The amendments
made by paragraph (3) (amending this section and section 1383 of
this title) shall take effect July 1, 1991, and the Secretary of
Health and Human Services shall prescribe initial regulations
necessary to carry out such amendments not later than such date.''
Section 5105(b)(1)(B) of Pub. L. 101-508 provided that: ''The
amendments made by subparagraph (A) (amending this section) shall
take effect October 1, 1992, and the Secretary of Health and Human
Services shall take such actions as are necessary to ensure that
the requirements of section 205(j)(3)(E) of the Social Security Act
(subsec. (j)(3)(E) of this section) (as amended by subparagraph (A)
of this paragraph) are satisfied as of such date.''
Section 5105(d)(2) of Pub. L. 101-508 provided that: ''The
amendments made by paragraph (1) (amending this section and section
1383 of this title) shall apply with respect to annual reports
issued for years after 1991.''
Section 5107(b) of Pub. L. 101-508 provided that: ''The
amendments made by this section (amending this section and section
1383 of this title) shall apply with respect to adverse
determinations made on or after July 1, 1991.''
Section 5109(b) of Pub. L. 101-508 provided that: ''The
amendments made by this section (amending this section and section
1383 of this title) shall apply with respect to notices issued on
or after July 1, 1991.''
EFFECTIVE DATE OF 1989 AMENDMENT
Section 10303(c) of Pub. L. 101-239 provided that: ''The
amendments made by this section (amending this section and section
1383 of this title) shall apply to visits to field offices of the
Social Security Administration on or after January 1, 1990.''
EFFECTIVE DATE OF 1988 AMENDMENTS
Section 8009(b) of Pub. L. 100-647 provided that: ''The
amendments made by this section (amending this section) shall apply
to benefits entitlement to which commences after the sixth month
following the month in which this Act is enacted (November 1988).''
Amendment by section 8015(a)(1) of Pub. L. 100-647 applicable to
determinations relating to service commenced in any position on or
after Nov. 10, 1988, see section 8015(a)(3) of Pub. L. 100-647, set
out as a note under section 3122 of Title 26, Internal Revenue
Code.
Amendment by section 8016(a)(1) of Pub. L. 100-647 effective Nov.
10, 1988, except that any amendment to a provision of a particular
Public Law which is referred to by its number, or to a provision of
the Social Security Act (42 U.S.C. 301 et seq.), or to Title 26, as
added or amended by a provision of a particular Public Law which is
so referred to, effective as though included or reflected in the
relevant provisions of that Public Law at the time of its
enactment, see section 8016(b) of Pub. L. 100-647, set out as a
note under section 3111 of Title 26.
Section 125(b) of Pub. L. 100-485 provided that: ''The amendments
made by subsection (a) (amending this section) shall become
effective on the first day of the 25th month which begins on or
after the date of the enactment of this Act (Oct. 13, 1988).''
EFFECTIVE DATE OF 1986 AMENDMENT
Amendment by Pub. L. 99-509 effective with respect to payments
due with respect to wages paid after Dec. 31, 1986, including wages
paid after such date by a State (or political subdivision thereof)
that modified its agreement pursuant to section 418(e)(2) of this
title prior to Oct. 21, 1986, with certain exceptions, see section
9002(d) of Pub. L. 99-509 set out as a note under section 418 of
this title.
EFFECTIVE DATE OF 1984 AMENDMENTS
Section 16(d) of Pub. L. 98-460 provided that: ''The amendments
made by this section (amending this section and sections 408, 1383,
and 1383a of this title) shall become effective on the date of the
enactment of this Act (Oct. 9, 1984), and, in the case of the
amendments made by subsection (c) (amending sections 408 and 1383a
of this title), shall apply with respect to violations occurring on
or after such date.''
Amendment by section 2661(h) of Pub. L. 98-369 effective as
though included in the enactment of the Social Security Amendments
of 1983, Pub. L. 98-21, see section 2664(a) of Pub. L. 98-369, set
out as a note under section 401 of this title.
Amendment by section 2663(a)(4), (j)(4) of Pub. L. 98-369
effective July 18, 1984, but not to be construed as changing or
affecting any right, liability, status, or interpretation which
existed (under the provisions of law involved) before that date,
see section 2664(b) of Pub. L. 98-369, set out as a note under
section 401 of this title.
EFFECTIVE DATE OF 1983 AMENDMENTS
Amendment by sections 301(d) and 309(i) of Pub. L. 98-21
applicable only with respect to monthly payments payable under this
subchapter for months after April, 1983, see section 310 of Pub. L.
98-21, set out as a note under section 402 of this title.
Section 345(b) of Pub. L. 98-21 provided that: ''The amendment
made by this section (amending this section) shall apply with
respect to all new and replacement social security cards issued
more than 193 days after the date of the enactment of this Act
(Apr. 20, 1983).''
Section 4(b) of Pub. L. 97-455 provided that: ''The amendments
made by subsection (a) (amending this section) shall apply with
respect to reconsiderations (of findings described in section
205(b)(2)(B) of the Social Security Act (subsec. (b)(2)(B) of this
section)) which are requested on or after such date as the
Secretary of Health and Human Services may specify, but in any
event not later than January 1, 1984.''
EFFECTIVE DATE OF 1980 AMENDMENT
Section 305(c) of Pub. L. 96-265 provided that: ''The amendments
made by this section (amending this section and section 1383 of
this title) shall apply with respect to decisions made on or after
the first day of the 13th month following the month in which this
Act is enacted (June, 1980).''
EFFECTIVE DATE OF 1978 AMENDMENT
Amendment by Pub. L. 95-600 effective Oct. 4, 1976, see section
703(r) of Pub. L. 95-600, set out as a note under section 46 of
Title 26, Internal Revenue Code.
EFFECTIVE DATE OF 1977 AMENDMENT
Amendment by Pub. L. 95-216 effective Jan. 1, 1978, see section
353(g) of Pub. L. 95-216, set out as a note under section 418 of
this title.
EFFECTIVE DATE OF 1976 AMENDMENT
Section 5 of Pub. L. 94-202 provided that: ''The amendments made
by the first two sections of this Act (amending section 1383 of
this title), and the provisions of section 3 (enacting provisions
set out as a note under section 1383 of this title), shall take
effect on the date of the enactment of this Act (Jan. 2, 1976). The
amendment made by section 4 of this Act (amending this section)
shall apply with respect to any decision or determination of which
notice is received, by the individual requesting the hearing
involved, after February 29, 1976. The amendment made by the first
section of this Act (amending section 1383 of this title), to the
extent that it changes the period within which hearings must be
requested, shall apply with respect to any decision or
determination of which notice is received, by the individual
requesting the hearing involved, on or after the date of the
enactment of this Act.''
EFFECTIVE DATE OF 1974 AMENDMENT
Section 302(b) of Pub. L. 93-445 provided that: ''The amendment
made by this section (amending this section) shall apply only with
respect to benefits payable to individuals who first become
entitled to benefits under title II of the Social Security Act
(this subchapter) after 1974.''
Amendment by section 303 of Pub. L. 93-445 effective Jan. 1,
1975, see section 603 of Pub. L. 93-445, set out as a note under
section 402 of this title.
EFFECTIVE DATE OF 1970 AMENDMENT
Amendment by Pub. L. 91-452 effective on sixtieth day following
Oct. 15, 1970, and not to affect any immunity to which any
individual is entitled under this section by reason of any
testimony given before sixtieth day following Oct. 15, 1970, see
section 260 of Pub. L. 91-452, set out as an Effective Date;
Savings Provisions note under section 6001 of Title 18, Crimes and
Criminal Procedure.
EFFECTIVE DATE OF 1968 AMENDMENT
Section 171(b) of Pub. L. 90-248 provided that: ''The amendment
made by subsection (a) of this section (amending this section)
shall be effective with respect to written requests filed under
section 205(q) of the Social Security Act (subsec. (q) of this
section) after June 30, 1968.''
EFFECTIVE DATE OF 1965 AMENDMENT
Amendment by section 308(d)(9), (10) of Pub. L. 89-97 applicable
with respect to monthly insurance benefits under this subchapter
beginning with the second month following July 1965, but, in the
case of an individual who was not entitled to a monthly insurance
benefit under section 402 of this title for the first month
following July 1965, only on the basis of an application filed in
or after July 1965, see section 308(e) of Pub. L. 89-97, set out as
a note under section 402 of this title.
EFFECTIVE DATE OF 1961 AMENDMENT
Amendment by Pub. L. 87-293 applicable with respect to service
performed after Sept. 22, 1961, but in the case of persons serving
under the Peace Corps agency established by executive order
applicable with respect to service performed on or after the
effective date of enrollment, see section 202(c) of Pub. L. 87-293,
set out as a note under section 3121 of Title 26, Internal Revenue
Code.
EFFECTIVE DATE OF 1960 AMENDMENT
Amendment by section 102(f)(2) of Pub. L. 86-778 effective on
first day of second calendar year following 1960, see section
102(f)(3) of Pub. L. 86-778, set out as a note under section 418 of
this title.
Amendment by section 103(j)(2)(E) of Pub. L. 86-778 effective
Sept. 13, 1960, see section 103(v)(1) of Pub. L. 86-778, set out as
a note under section 402 of this title.
Section 702(b) of Pub. L. 86-778 provided that: ''The amendment
made by subsection (a) (amending this section) shall apply to
actions which are pending in court on the date of the enactment of
this Act or are commenced after such date.''
EFFECTIVE DATE OF 1956 AMENDMENTS
Section 111(b) of act Aug. 1, 1956, ch. 836, provided that: ''The
amendment made by subsection (a) (amending this section) shall be
effective upon enactment (Aug. 1, 1956); except that the period of
time prescribed by the Secretary pursuant to the third sentence of
section 205(b) of the Social Security Act (subsec. (b) of this
section), as amended by subsection (a) of this section, with
respect to decisions notice of which has been mailed by him to any
individual prior to the enactment of this Act may not terminate for
such individual less than six months after the date of enactment of
this Act.''
Amendment by act Aug. 1, 1956, ch. 837, effective Jan. 1, 1957,
see section 603(a) of act Aug. 1, 1956.
EFFECTIVE DATE OF 1954 AMENDMENT
Section 101(n) of act Sept. 1, 1954, provided that: ''The
amendment made by paragraph (3) of subsection (g) (amending section
411 of this title) shall be applicable only with respect to taxable
years beginning after 1950. The amendments made by paragraphs (1),
(2), and (4) of such subsection (amending section 411 of this
title) and by subsection (d) (amending section 411 of this title)
shall, except for purposes of section 203 of the Social Security
Act (section 403 of this title), be applicable only with respect to
taxable years ending after 1954. The amendments made by paragraphs
(1), (2), and (3) of subsection (a) (amending section 409 of this
title) shall be applicable only with respect to remuneration paid
after 1954. The amendments made by paragraphs (4), (5), and (6) of
subsection (a) (amending sections 410 and 418 of this title) shall
be applicable only with respect to services (whether performed
after 1954 or prior to 1955) for which the remuneration is paid
after 1954. The amendment made by paragraph (3) of subsection (c)
(amending this section) shall become effective January 1, 1955. The
other amendments made by this section (other than the amendments
made by subsections (h), (i), (j) and (m)()) (amending section 410
of this title) shall be applicable only with respect to services
performed after 1954. For purposes of section 203 of the Social
Security Act (section 403 of this title), the amendments made by
paragraphs (1), (2), and (4) of subsection (g) (amending section
411 of this title) and by subsection (d) (amending section 411 of
this title) shall be effective with respect to net earnings from
self-employment derived after 1954. The amount of net earnings from
self-employment derived during any taxable year ending in, and not
with the close of, 1955 shall be credited equally to the calendar
quarter in which such taxable year ends and to each of the three or
fewer preceding quarters any part of which is in such taxable year;
and, for purposes of the preceding sentence of this subsection, net
earnings from self-employment so credited to calendar quarters in
1955 shall be deemed to have been derived after 1954.''
EFFECTIVE DATE OF 1950 AMENDMENT
Section 108(d) of act Aug. 28, 1950, provided that: ''The
amendments made by subsections (a) and (c) of this section
(amending this section) shall take effect on September 1, 1950. The
amendment made by subsection (b) of this section (amending this
section) shall take effect January 1, 1951, except that, effective
on September 1, 1950, the husband or former wife divorced of an
individual shall be treated the same as a parent of such
individual, and the legal representative of an individual or his
estate shall be treated the same as the individual, for purposes of
section 205(c) of the Social Security Act (subsec. (c) of this
section) as in effect prior to the enactment of this Act (Aug. 28,
1950).''
Section 101(b)(2) of act Aug. 28, 1950, provided that: ''Section
205(m) of the Social Security Act (subsec. (m) of this section) is
repealed effective with respect to monthly payments under section
202 of the Social Security Act (this section), as amended by this
Act, for months after August 1950.''
EFFECTIVE DATE OF 1939 AMENDMENT
Section 201 of act Aug. 10, 1939, provided that the amendment
made by that section is effective Jan. 1, 1940.
REPEALS: AMENDMENTS AND APPLICATION OF AMENDMENTS UNAFFECTED
Section 202(b)(3) of Pub. L. 87-293, cited as a credit to this
section, was repealed by Pub. L. 89-572, Sec. 5(a), Sept. 13, 1966,
80 Stat. 765. Such repeal not deemed to affect amendments to this
section contained in such provisions, and continuation in full
force and effect until modified by appropriate authority of all
determinations, authorization, regulation, orders, contracts,
agreements, and other actions issued, undertaken, or entered into
under authority of the repealed provisions, see section 5(b) of
Pub. L. 89-572, set out as a note under section 2515 of Title 22,
Foreign Relations and Intercourse.

-TRANS-
TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS
For termination of Trust Territory of the Pacific Islands, see
note set out preceding section 1681 of Title 48, Territories and
Insular Possessions.

-MISC5-
NINETY-DAY DELAY IN DEFERRAL OR SUSPENSION OF BENEFITS FOR CURRENT
BENEFICIARIES
Section 201(a)(1)(C) of Pub. L. 103-296 provided that: ''In the
case of an individual who, as of 180 days after the date of the
enactment of this Act (Aug. 15, 1994), has been determined to be
under a disability, if alcoholism or drug addiction is a
contributing factor material to the determination of the Secretary
of Health and Human Services that the individual is under a
disability, the Secretary may, notwithstanding clauses (i) and (ii)
of section 205(j)(2)(D) of the Social Security Act (subsec.
(j)(2)(D) of this section), make direct payment of benefits to such
individual during the 90-day period commencing with the date on
which such individual is provided the notice described in
subparagraph (D)(ii) of this paragraph (set out above), until such
time during such period as the selection of a representative payee
is made pursuant to section 205(j) of such Act (subsec. (j) of this
section).''
STUDY REGARDING FEASIBILITY, COST, AND EQUITY OF REQUIRING
REPRESENTATIVE PAYEES FOR ALL DISABILITY BENEFICIARIES SUFFERING
FROM ALCOHOLISM OR DRUG ADDICTION
Section 201(a)(1)(E) of Pub. L. 103-296 provided that:
''(i) Study. - As soon as practicable after the date of the
enactment of this Act (Aug. 15, 1994), the Secretary of Health and
Human Services shall conduct a study of the representative payee
program. In such study, the Secretary shall examine -
''(I) the feasibility, cost, and equity of requiring
representative payees for all individuals entitled to benefits
based on disability under title II or XVI of the Social Security
Act (this subchapter and subchapter XVI of this chapter) who
suffer from alcoholism or drug addiction, irrespective of whether
the alcoholism or drug addiction was material in any case to the
Secretary's determination of disability,
''(II) the feasibility, cost, and equity of providing benefits
through non-cash means, including (but not limited to) vouchers,
debit cards, and electronic benefits transfer systems,
''(III) the extent to which child beneficiaries are afflicted
by drug addition or alcoholism and ways of addressing such
affliction, including the feasibility of requiring treatment, and
''(IV) the extent to which children's representative payees are
afflicted by drug addiction or alcoholism, and methods to
identify children's representative payees afflicted by drug
addition or alcoholism and to ensure that benefits continue to be
provided to beneficiaries appropriately.
''(ii) Report. - Not later than December 31, 1995, the Secretary
shall transmit to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate a report
setting forth the findings of the Secretary based on such study.
Such report shall include such recommendations for administrative
or legislative changes as the Secretary considers appropriate.''
ANNUAL REPORTS ON REVIEWS OF OASDI AND SSI CASES
Section 206(g) of Pub. L. 103-296, as amended by Pub. L. 103-296,
title I, Sec. 108(b)(10)(B), Aug. 15, 1994, 108 Stat. 1483,
provided that: ''The Commissioner of Social Security shall annually
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 extent to which the Commissioner has exercised his authority
to review cases of entitlement to monthly insurance benefits under
title II of the Social Security Act (this subchapter) and
supplemental security income cases under title XVI of such Act
(subchapter XVI of this chapter), and the extent to which the cases
reviewed were those that involved a high likelihood or probability
of fraud.''
REPORT ON FEASIBILITY OF OBTAINING READY ACCESS TO CERTAIN CRIMINAL
FRAUD RECORDS
Section 5105(a)(2)(B) of Pub. L. 101-508 provided that: ''As soon
as practicable after the date of the enactment of this Act (Nov. 5,
1990), the Secretary of Health and Human Services, in consultation
with the Attorney General of the United States and the Secretary of
the Treasury, shall study the feasibility of establishing and
maintaining a current list, which would be readily available to
local offices of the Social Security Administration for use in
investigations undertaken pursuant to section 205(j)(2) or
1631(a)(2)(B) of the Social Security Act (subsec. (j)(2) of this
section or section 1383(a)(2)(B) of this title), of the names and
social security account numbers of individuals who have been
convicted of a violation of section 495 of title 18, United States
Code. The Secretary of Health and Human Services shall, not later
than July 1, 1992, submit the results of such study, together with
any recommendations, to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the
Senate.''
REPORTS ON ORGANIZATIONS SERVING AS REPRESENTATIVE PAYEES AND FEES
FOR SERVICES
Section 5105(a)(3)(B) of Pub. L. 101-508 provided that:
''(i) Report by secretary of health and human services. - Not
later than January 1, 1993, the Secretary of Health and Human
Services shall transmit a report to the Committee on Ways and Means
of the House of Representatives and the Committee on Finance of the
Senate setting forth the number and types of qualified
organizations which have served as representative payees and have
collected fees for such service pursuant to any amendment made by
subparagraph (A) (amending this section and section 1383 of this
title).
''(ii) Report by comptroller general. - Not later than July 1,
1992, the Comptroller General of the United States shall conduct a
study of the advantages and disadvantages of allowing qualified
organizations serving as representative payees to charge fees
pursuant to the amendments made by subparagraph (A) and shall
transmit a report to the Committee on Ways and Means of the House
of Representatives and the Committee on Finance of the Senate
setting forth the results of such study.''
STUDY RELATING TO FEASIBILITY OF SCREENING OF INDIVIDUALS WITH
CRIMINAL RECORDS
Section 5105(a)(4) of Pub. L. 101-508 provided that: ''As soon as
practicable after the date of the enactment of this Act (Nov. 5,
1990), the Secretary of Health and Human Services shall conduct a
study of the feasibility of determining the type of representative
payee applicant most likely to have a felony or misdemeanor
conviction, the suitability of individuals with prior convictions
to serve as representative payees, and the circumstances under
which such applicants could be allowed to serve as representative
payees. The Secretary shall transmit the results of such study to
the Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate not later than July 1,
1992.''
STUDY RELATING TO MORE STRINGENT OVERSIGHT OF HIGH-RISK
REPRESENTATIVE PAYEES
Section 5105(b)(2) of Pub. L. 101-508 provided that:
''(A) In general. - As soon as practicable after the date of the
enactment of this Act (Nov. 5, 1990), the Secretary of Health and
Human Services shall conduct a study of the need for a more
stringent accounting system for high-risk representative payees
than is otherwise generally provided under section 205(j)(3) or
1631(a)(2)(C) of the Social Security Act (subsec. (j)(3) of this
section or section 1383(a)(2)(C) of this title), which would
include such additional reporting requirements, record maintenance
requirements, and other measures as the Secretary considers
necessary to determine whether services are being appropriately
provided by such payees in accordance with such sections 205(j) and
1631(a)(2).
''(B) Special procedures. - In such study, the Secretary shall
determine the appropriate means of implementing more stringent,
statistically valid procedures for -
''(i) reviewing reports which would be submitted to the
Secretary under any system described in subparagraph (A), and
''(ii) periodic, random audits of records which would be kept
under such a system,
in order to identify any instances in which high-risk
representative payees are misusing payments made pursuant to
section 205(j) or 1631(a)(2) of the Social Security Act.
''(C) High-risk representative payee. - For purposes of this
paragraph, the term 'high-risk representative payee' means a
representative payee under section 205(j) or 1631(a)(2) of the
Social Security Act (42 U.S.C. 405(j) and 1383(a)(2), respectively)
(other than a Federal or State institution) who -
''(i) regularly provides concurrent services as a
representative payee under such section 205(j), such section
1631(a)(2), or both such sections, for 5 or more individuals who
are unrelated to such representative payee,
''(ii) is neither related to an individual on whose behalf the
payee is being paid benefits nor living in the same household
with such individual,
''(iii) is a creditor of such individual, or
''(iv) is in such other category of payees as the Secretary may
determine appropriate.
''(D) Report. - The Secretary shall report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate the results of the study, together with any
recommendations, not later than July 1, 1992. Such report shall
include an evaluation of the feasibility and desirability of
legislation implementing stricter accounting and review procedures
for high-risk representative payees in all servicing offices of the
Social Security Administration (together with proposed legislative
language).''
DEMONSTRATION PROJECTS RELATING TO PROVISION OF INFORMATION TO
LOCAL AGENCIES PROVIDING CHILD AND ADULT PROTECTIVE SERVICES
Section 5105(b)(3) of Pub. L. 101-508 provided that:
''(A) In general. - As soon as practicable after the date of the
enactment of this Act (Nov. 5, 1990), the Secretary of Health and
Human Services shall implement a demonstration project under this
paragraph in all or part of not fewer than 2 States. Under each
such project, the Secretary shall enter into an agreement with the
State in which the project is located to make readily available,
for the duration of the project, to the appropriate State agency, a
listing of addresses of multiple benefit recipients.
''(B) Listing of addresses of multiple benefit recipients. - The
list referred to in subparagraph (A) shall consist of a current
list setting forth each address within the State at which benefits
under title II (this subchapter), benefits under title XVI
(subchapter XVI of this chapter), or any combination of such
benefits are being received by 5 or more individuals. For purposes
of this subparagraph, in the case of benefits under title II, all
individuals receiving benefits on the basis of the wages and
self-employment income of the same individual shall be counted as 1
individual.
''(C) Appropriate state agency. - The appropriate State agency
referred to in subparagraph (A) is the agency of the State which
the Secretary determines is primarily responsible for regulating
care facilities operated in such State or providing for child and
adult protective services in such State.
''(D) Report. - The Secretary shall report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate concerning such demonstration projects,
together with any recommendations, not later than July 1, 1992.
Such report shall include an evaluation of the feasibility and
desirability of legislation implementing the programs established
pursuant to this paragraph on a permanent basis.
''(E) State. - For purposes of this paragraph, the term 'State'
means a State, including the entities included in such term by
section 210(h) of the Social Security Act (42 U.S.C. 410(h)).''
COUNTERFEITING OF SOCIAL SECURITY ACCOUNT NUMBER CARDS
Pub. L. 99-603, title I, Sec. 101(f), Nov. 6, 1986, 100 Stat.
3373, provided that:
''(1) The Comptroller General of the United States, upon
consultation with the Attorney General and the Secretary of Health
and Human Services as well as private sector representatives
(including representatives of the financial, banking, and
manufacturing industries), shall inquire into technological
alternatives for producing and issuing social security account
number cards that are more resistant to counterfeiting than social
security account number cards being issued on the date of enactment
of this Act (Nov. 6, 1986) by the Social Security Administration,
including the use of encoded magnetic, optical, or active
electronic media such as magnetic stripes, holograms, and
integrated circuit chips. Such inquiry should focus on
technologies that will help ensure the authenticity of the card,
rather than the identity of the bearer.
''(2) The Comptroller General of the United States shall explore
additional actions that could be taken to reduce the potential for
fraudulently obtaining and using social security account number
cards.
''(3) Not later than one year after the date of enactment of this
Act (Nov. 6, 1986), the Comptroller General of the United States
shall prepare and transmit to the Committee on the Judiciary and
the Committee on Ways and Means of the House of Representatives and
the Committee on the Judiciary and the Committee on Finance of the
Senate a report setting forth his findings and recommendations
under this subsection.''
CONDUCT OF FACE-TO-FACE RECONSIDERATIONS IN DISABILITY CASES
Section 5 of Pub. L. 97-455 provided that: ''The Secretary of
Health and Human Services shall take such steps as may be necessary
or appropriate to assure public understanding of the importance the
Congress attaches to the face-to-face reconsiderations provided for
in section 205(b)(2) of the Social Security Act (subsec. (b)(2) of
this section) (as added by section 4 of this Act). For this purpose
the Secretary shall -
''(1) provide for the establishment and implementation of
procedures for the conduct of such reconsiderations in a manner
which assures that beneficiaries will receive reasonable notice
and information with respect to the time and place of
reconsideration and the opportunities afforded to introduce
evidence and be represented by counsel; and
''(2) advise beneficiaries who request or are entitled to
request such reconsiderations of the procedures so established,
of their opportunities to introduce evidence and be represented
by counsel at such reconsiderations, and of the importance of
submitting all evidence that relates to the question before the
Secretary or the State agency at such reconsiderations.''
INCLUSION OF SELF-EMPLOYMENT INCOME IN RECORDS OF SECRETARY OF
HEALTH, EDUCATION, AND WELFARE
Section 331(c) of Pub. L. 89-97 provided that: ''Notwithstanding
any provision of section 205(c)(5)(F) of the Social Security Act
(subsec. (c)(5)(F) of this section), the Secretary of Health,
Education, and Welfare may conform, before April 16, 1970, his
records to tax returns or statements of earnings which constitute
self-employment income solely by reason of the filing of a
certificate which is effective under section 1402(e)(5) of such
Code (section 1402(e)(5) of Title 26, Internal Revenue Code).''
Section 101(e) of Pub. L. 86-778, as amended by Pub. L. 99-514,
Sec. 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ''The
provisions of section 205(c)(5)(F) of the Social Security Act
(subsec. (c)(5)(F) of this section), insofar as they prohibit
inclusion in the records of the Secretary of Health, Education, and
Welfare of self-employment income for a taxable year when the
return or statement including such income is filed after the time
limitation following such taxable year, shall not be applicable to
earnings which are derived in any taxable year ending before 1960
and which constitute self-employment income solely by reason of the
filing of a certificate which is effective under section
1402(e)(3)(B) or (5) of the Internal Revenue Code of 1986 (formerly
I.R.C. 1954) (section 1402(e)(3)(B) or (5) of Title 26).''

-CROSS-
CROSS REFERENCES
Criminal contempt, see sections 401, 402, 3285, and 3691 of Title
18, Crimes and Criminal Procedure.
Final disability decisions of Secretary, review of, see section
421 of this title.
Immunity of witnesses, see section 6001 et seq. of Title 18,
Crimes and Criminal Procedure.
Jurisdiction of court of appeals, see sections 1291, 1295 of
Title 28, Judiciary and Judicial Procedure.
Per diem and mileage of witnesses generally, see section 1821 of
Title 28.
Venue generally, see section 1391 et seq. of Title 28.

-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 402, 406, 408, 415, 416,
421, 423, 424a, 602, 1306, 1320a-7, 1320a-7a, 1320a-8, 1320b-10,
1320c-4, 1320c-5, 1383, 1395cc, 1395ff, 1395ii, 1395mm, 1395oo,
1395rr, 1395ww, 1396i, 1396q of this title; title 5 section 8503;
title 7 section 1506; title 8 section 1324a; title 19 section 2312;
title 26 section 6109; title 30 section 923.


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