
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 23, 2000]
[Document affected by Public Law 107-90 Section 103(i)(3)]
[Document affected by Public Law 107-90 Section 103(j)]
[CITE: 42USC405]

 
                 TITLE 42--THE PUBLIC HEALTH AND WELFARE
 
                       CHAPTER 7--SOCIAL SECURITY
 
  SUBCHAPTER II--FEDERAL OLD-AGE, SURVIVORS, AND DISABILITY INSURANCE 
                                BENEFITS
 
Sec. 405. Evidence, procedure, and certification for payments


(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) \1\ of this 
        title (as in effect prior to December 31, 1986) or regulations 
        thereunder),
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    \1\ See References in Text note below.
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            (ii) a year if wages were reported or should have been 
        reported on a yearly basis on such tax returns or reports, or
            (iii) the half year beginning January 1 or July 1 in the 
        case of wages which were reported or should have been reported 
        for calendar year 1937.

    (2)(A) On the basis of information obtained by or submitted to the 
Commissioner of Social Security, and after such verification thereof as 
the Commissioner deems necessary, the Commissioner of Social Security 
shall establish and maintain records of the amounts of wages paid to, 
and the amounts of self-employment income derived by, each individual 
and of the periods in which such wages were paid and such income was 
derived and, upon request, shall inform any individual or his survivor, 
or the legal representative of such individual or his estate, of the 
amounts of wages and self-employment income of such individual and the 
periods during which such wages were paid and such income was derived, 
as shown by such records at the time of such request.
    (B)(i) In carrying out the Commissioner's duties under subparagraph 
(A) and subparagraph (F), the Commissioner of Social Security shall take 
affirmative measures to assure that social security account numbers 
will, to the maximum extent practicable, be assigned to all members of 
appropriate groups or categories of individuals by assigning such 
numbers (or ascertaining that such numbers have already been assigned):
        (I) to aliens at the time of their lawful admission to the 
    United States either for permanent residence or under other 
    authority of law permitting them to engage in employment in the 
    United States and to other aliens at such time as their status is so 
    changed as to make it lawful for them to engage in such employment;
        (II) to any individual who is an applicant for or recipient of 
    benefits under any program financed in whole or in part from Federal 
    funds including any child on whose behalf such benefits are claimed 
    by another person; and
        (III) to any other individual when it appears that he could have 
    been but was not assigned an account number under the provisions of 
    subclauses (I) or (II) but only after such investigation as is 
    necessary to establish to the satisfaction of the Commissioner of 
    Social Security, the identity of such individual, the fact that an 
    account number has not already been assigned to such individual, and 
    the fact that such individual is a citizen or a noncitizen who is 
    not, because of his alien status, prohibited from engaging in 
    employment;

and, in carrying out such duties, the Commissioner of Social Security is 
authorized to take affirmative measures to assure the issuance of social 
security numbers:
        (IV) to or on behalf of children who are below school age at the 
    request of their parents or guardians; and
        (V) to children of school age at the time of their first 
    enrollment in school.

    (ii) The Commissioner of Social Security shall require of applicants 
for social security account numbers such evidence as may be necessary to 
establish the age, citizenship, or alien status, and true identity of 
such applicants, and to determine which (if any) social security account 
number has previously been assigned to such individual. With respect to 
an application for a social security account number for an individual 
who has not attained the age of 18 before such application, such 
evidence shall include the information described in subparagraph 
(C)(ii).
    (iii) In carrying out the requirements of this subparagraph, the 
Commissioner of Social Security shall enter into such agreements as may 
be necessary with the Attorney General and other officials and with 
State and local welfare agencies and school authorities (including 
nonpublic school authorities).
    (C)(i) It is the policy of the United States that any State (or 
political subdivision thereof) may, in the administration of any tax, 
general public assistance, driver's license, or motor vehicle 
registration law within its jurisdiction, utilize the social security 
account numbers issued by the Commissioner of Social Security for the 
purpose of establishing the identification of individuals affected by 
such law, and may require any individual who is or appears to be so 
affected to furnish to such State (or political subdivision thereof) or 
any agency thereof having administrative responsibility for the law 
involved, the social security account number (or numbers, if he has more 
than one such number) issued to him by the Commissioner of Social 
Security.
    (ii) In the administration of any law involving the issuance of a 
birth certificate, each State shall require each parent to furnish to 
such State (or political subdivision thereof) or any agency thereof 
having administrative responsibility for the law involved, the social 
security account number (or numbers, if the parent has more than one 
such number) issued to the parent unless the State (in accordance with 
regulations prescribed by the Commissioner of Social Security) finds 
good cause for not requiring the furnishing of such number. The State 
shall make numbers furnished under this subclause available to the 
Commissioner of Social Security and the agency administering the State's 
plan under part D of 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 \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.
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    \2\ So in original. Probably should be ``subclause''.
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    (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 administering a program funded 
under part A of subchapter IV of this chapter or an agency operating 
pursuant to the provisions of part D of such subchapter.
    (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.
    (H) The Commissioner of Social Security shall share with the 
Secretary of the Treasury the information obtained by the Commissioner 
pursuant to the second sentence of subparagraph (B)(ii) and to 
subparagraph (C)(ii) for the purpose of administering those sections of 
the Internal Revenue Code of 1986 which grant tax benefits based on 
support or residence of children.
    (3) The Commissioner's 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, 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) \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;
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    \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 1007 or 
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, the payment of such benefits shall be made to a 
representative payee if the Commissioner of Social Security determines 
that such payment would serve the interest of the individual because the 
individual also has an alcoholism or drug addiction condition (as 
determined by the Commissioner) and the individual is incapable of 
managing such benefits.
    (2)(A) Any certification made under paragraph (1) for payment of 
benefits to an individual's representative payee shall be made on the 
basis of--
        (i) an investigation by the Commissioner of Social Security of 
    the person to serve as representative payee, which shall be 
    conducted in advance of such certification and shall, to the extent 
    practicable, include a face-to-face interview with such person, and
        (ii) adequate evidence that such certification is in the 
    interest of such individual (as determined by the Commissioner of 
    Social Security in regulations).

    (B)(i) As part of the investigation referred to in subparagraph 
(A)(i), the Commissioner of Social Security shall--
        (I) require the person being investigated to submit documented 
    proof of the identity of such person, unless information 
    establishing such identity has been submitted with an application 
    for benefits under this subchapter, subchapter VIII of this chapter, 
    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, 1011, or 1383a of this title, and
        (IV) determine whether certification of payment of benefits to 
    such person has been revoked pursuant to this subsection, the 
    designation of such person as a representative payee has been 
    revoked pursuant to section 1007(a) of this title, 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, subchapter VIII of this chapter, 
    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, whose designation as a 
    representative payee has been revoked pursuant to section 1007(a) of 
    this title, 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, subchapter VIII of this chapter, 
    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, 1011, 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),,\4\ the designation 
    of such person as a representative payee has been revoked pursuant 
    to section 1007(a) of this title, 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
---------------------------------------------------------------------------
    \4\ So in original.
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        (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 described in paragraph (1)(B), 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 described in 
paragraph (1)(B).
    (iii) Payment pursuant to this subsection of any benefits which are 
deferred or suspended pending the selection of a representative payee 
shall be made to the individual or the representative payee as a single 
sum or over such period of time as the Commissioner of Social Security 
determines is in the best interest of the individual entitled to such 
benefits.
    (E)(i) Any individual who is dissatisfied with a determination by 
the Commissioner of Social Security to certify payment of such 
individual's benefit to a representative payee under paragraph (1) or 
with the designation of a particular person to serve as representative 
payee shall be entitled to a hearing by the Commissioner of Social 
Security to the same extent as is provided in subsection (b) 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, section 1007 
    of this title, 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, section 1007 of this title, 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 
1007 or 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 described in paragraph (1)(B)).

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 1007 or 1383(a)(2) of this 
    title, concurrently to 5 or more individuals,\5\
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    \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 \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.
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    \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.

(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, Secs. 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, Secs. 107(b), 111(a), 
117, 70 Stat. 829, 831, 834; Aug. 1, 1956, ch. 837, title IV, 
Sec. 402(b), 70 Stat. 871; Pub. L. 86-507, Sec. 1(35), June 11, 1960, 74 
Stat. 202; Pub. L. 86-778, title I, Secs. 102(f)(2), 103(j)(2)(E), title 
VII, Sec. 702(a), Sept. 13, 1960, 74 Stat. 933, 938, 993; Pub. L. 87-
293, title II, Sec. 202(b)(3), Sept. 21, 1961, 75 Stat. 626; Pub. L. 89-
97, title III, Secs. 308(d)(9), (10), 330, July 30, 1965, 79 Stat. 379, 
401; Pub. L. 90-248, title I, Sec. 171(a), Jan. 2, 1968, 81 Stat. 876; 
Pub. L. 91-452, title II, Sec. 236, Oct. 15, 1970, 84 Stat. 930; Pub. L. 
92-603, title I, Sec. 137, Oct. 30, 1972, 86 Stat. 1364; Pub. L. 93-445, 
title III, Secs. 302(a), 303, Oct. 16, 1974, 88 Stat. 1358; Pub. L. 94-
202, Sec. 4, Jan. 2, 1976, 89 Stat. 1136; Pub. L. 94-455, title XII, 
Sec. 1211(b), Oct. 4, 1976, 90 Stat. 1711; Pub. L. 95-216, title III, 
Sec. 353(f)(2), Dec. 20, 1977, 91 Stat. 1554; Pub. L. 95-600, title VII, 
Sec. 703(j)(14)(B), Nov. 6, 1978, 92 Stat. 2942; Pub. L. 96-265, title 
III, Secs. 305(a), 307, June 9, 1980, 94 Stat. 457, 458; Pub. L. 97-455, 
Sec. 4(a), Jan. 12, 1983, 96 Stat. 2499; Pub. L. 98-21, title III, 
Secs. 301(d), 309(i), 336, 345(a), Apr. 20, 1983, 97 Stat. 111, 117, 
130, 137; Pub. L. 98-369, div. B, title VI, Secs. 2661(h), 2663(a)(4), 
(j)(4), July 18, 1984, 98 Stat. 1157, 1162, 1171; Pub. L. 98-460, 
Sec. 16(a), Oct. 9, 1984, 98 Stat. 1809; Pub. L. 99-509, title IX, 
Sec. 9002(c)(2)(A), (B), Oct. 21, 1986, 100 Stat. 1971; Pub. L. 100-485, 
title I, Sec. 125(a), Oct. 13, 1988, 102 Stat. 2353; Pub. L. 100-647, 
title VIII, Secs. 8008(a), 8009(a), 8015(a)(1), 8016(a)(1), Nov. 10, 
1988, 102 Stat. 3783, 3787, 3790, 3792; Pub. L. 101-239, title X, 
Secs. 10303(a), 10304, Dec. 19, 1989, 103 Stat. 2482, 2483; Pub. L. 101-
508, title V, Secs. 5105(a)(1)(A), (2)(A)(i), (3)(A)(i), (b)(1)(A), 
(c)(1), (d)(1)(A), 5107(a)(1), 5109(a)(1), Nov. 5, 1990, 104 Stat. 1388-
254, 1388-255, 1388-260, 1388-263, 1388-265, 1388-269, 1388-271; Pub. L. 
101-624, title XVII, Sec. 1735(a), (b), title XXII, Sec. 2201(b), (c), 
Nov. 28, 1990, 104 Stat. 3791, 3792, 3951, 3952; Pub. L. 103-296, title 
I, Sec. 107(a)(1), (2), (4), title II, Secs. 201(a)(1)(A), (B), (2)(A)-
(C), 206(a)(1), (d)(1), title III, Secs. 304(a), 316(a), 318, 321(a)(7)-
(11), (c)(3), (6)(B), (f)(2)(A), Aug. 15, 1994, 108 Stat. 1477, 1478, 
1490-1493, 1509, 1514, 1520, 1531, 1533, 1536, 1538, 1541; Pub. L. 104-
121, title I, Sec. 105(a)(2), Mar. 29, 1996, 110 Stat. 852; Pub. L. 104-
193, title I, Sec. 108(a)(1), Aug. 22, 1996, 110 Stat. 2164; Pub. L. 
105-34, title X, Sec. 1090(b)(1), Aug. 5, 1997, 111 Stat. 962; Pub. L. 
106-169, title II, Sec. 251(b)(2), Dec. 14, 1999, 113 Stat. 1854.)

                       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.
    The Internal Revenue Code of 1986, referred to in subsec. 
(c)(2)(C)(viii)(II), (H), is classified generally to 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), probably means former title VIII of the Social Security 
Act, which was classified to subchapter VIII (Sec. 1001 et seq.) of this 
chapter, and was omitted from the Code as superseded by the provisions 
of the Internal Revenue Code of 1939 and the Internal Revenue Code of 
1986.
    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.

                          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.


                               Amendments

    1999--Subsec. (j)(1)(A). Pub. L. 106-169, Sec. 251(b)(2)(A), 
inserted ``1007 or'' before ``1383(a)(2)''.
    Subsec. (j)(2)(B)(i)(I). Pub. L. 106-169, Sec. 251(b)(2)(B), 
inserted ``, subchapter VIII of this chapter,'' before ``or subchapter 
XVI of this chapter''.
    Subsec. (j)(2)(B)(i)(III). Pub. L. 106-169, Sec. 251(b)(2)(C), 
inserted ``, 1011,'' before ``or 1383a''.
    Subsec. (j)(2)(B)(i)(IV). Pub. L. 106-169, Sec. 251(b)(2)(D), 
inserted ``, the designation of such person as a representative payee 
has been revoked pursuant to section 1007(a) of this title,'' before 
``or payment of benefits'' and ``, subchapter VIII of this chapter,'' 
before ``or subchapter XVI of this chapter''.
    Subsec. (j)(2)(B)(ii)(I). Pub. L. 106-169, Sec. 251(b)(2)(E), 
inserted ``whose designation as a representative payee has been revoked 
pursuant to section 1007(a) of this title,'' before ``or with respect to 
whom'' and ``, subchapter VIII of this chapter,'' before ``or subchapter 
XVI of this chapter''.
    Subsec. (j)(2)(B)(ii)(II). Pub. L. 106-169, Sec. 251(b)(2)(F), 
inserted ``, 1011,'' before ``or 1383a''.
    Subsec. (j)(2)(C)(i)(II). Pub. L. 106-169, Sec. 251(b)(2)(G), 
inserted ``, the designation of such person as a representative payee 
has been revoked pursuant to section 1007(a) of this title,'' before 
``or payment of benefits''.
    Subsec. (j)(3)(E)(i), (ii). Pub. L. 106-169, Sec. 251(b)(2)(H), 
inserted ``, section 1007 of this title,'' before ``or section 
1383(a)(2) of this title''.
    Subsec. (j)(3)(F). Pub. L. 106-169, Sec. 251(b)(2)(I), inserted 
``1007 or'' before ``1383(a)(2)''.
    Subsec. (j)(4)(B)(i). Pub. L. 106-169, Sec. 251(b)(2)(J), inserted 
``1007 or'' before ``1383(a)(2)''.
    1997--Subsec. (c)(2)(B)(ii). Pub. L. 105-34, Sec. 1090(b)(1)(A), 
inserted at end ``With respect to an application for a social security 
account number for an individual who has not attained the age of 18 
before such application, such evidence shall include the information 
described in subparagraph (C)(ii).''
    Subsec. (c)(2)(C)(ii). Pub. L. 105-34, Sec. 1090(b)(1)(B), inserted 
``the Commissioner of Social Security and'' after ``available to'' in 
second sentence.
    Subsec. (c)(2)(H). Pub. L. 105-34, Sec. 1090(b)(1)(C), added subpar. 
(H).
    1996--Subsec. (c)(2)(C)(vi). Pub. L. 104-193 inserted ``an agency 
administering a program funded under part A of subchapter IV of this 
chapter or'' before ``an agency operating'' and substituted ``part D of 
such subchapter'' for ``part A or D of subchapter IV of this chapter''.
    Subsec. (j)(1)(B). Pub. L. 104-121, Sec. 105(a)(2)(A), amended 
subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: 
``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.''
    Subsec. (j)(2)(C)(v). Pub. L. 104-121, Sec. 105(a)(2)(B), 
substituted ``described in paragraph (1)(B)'' for ``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''.
    Subsec. (j)(2)(D)(ii)(II). Pub. L. 104-121, Sec. 105(a)(2)(C), 
substituted ``described in paragraph (1)(B).'' for ``(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..''
    Subsec. (j)(4)(A)(i)(II). Pub. L. 104-121, Sec. 105(a)(2)(D), 
substituted ``described in paragraph (1)(B)'' for ``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''.
    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, Secs. 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, Secs. 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, Secs. 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 1997 Amendment

    Section 1090(b)(2) of Pub. L. 105-34 provided that:
    ``(A) The amendment made by paragraph (1)(A) [amending this section] 
shall apply to applications made after the date which is 180 days after 
the date of the enactment of this Act [Aug. 5, 1997].
    ``(B) The amendments made by subparagraphs (B) and (C) of paragraph 
(1) [amending this section] shall apply to information obtained on, 
before, or after the date of the enactment of this Act.''


                    Effective Date of 1996 Amendments

    Amendment by Pub. L. 104-193 effective July 1, 1997, with transition 
rules relating to State options to accelerate such date, rules relating 
to claims, actions, and proceedings commenced before such date, rules 
relating to closing out of accounts for terminated or substantially 
modified programs and continuance in office of Assistant Secretary for 
Family Support, and provisions relating to termination of entitlement 
under AFDC program, see section 116 of Pub. L. 104-193, as amended, set 
out as an Effective Date note under section 601 of this title.
    Section 105(a)(5) of Pub. L. 104-121, as amended by Pub. L. 106-170, 
title IV, Sec. 401(a), (b), Dec. 17, 1999, 113 Stat. 1906, provided 
that:
    ``(A) The amendments made by paragraphs (1) and (4) [amending 
sections 423 and 425 of this title] shall apply to any individual who 
applies for, or whose claim is finally adjudicated with respect to, 
benefits under title II of the Social Security Act [this subchapter] 
based on disability on or after the date of the enactment of this Act 
[Mar. 29, 1996], and, in the case of any individual who has applied for, 
and whose claim has been finally adjudicated with respect to, such 
benefits before such date of enactment, such amendments shall apply only 
with respect to such benefits for months beginning on or after January 
1, 1997.
    ``(B) The amendments made by paragraphs (2) and (3) [amending this 
section and section 422 of this title] shall take effect on July 1, 
1996, with respect to any individual--
        ``(i) whose claim for benefits is finally adjudicated on or 
    after the date of the enactment of this Act [Mar. 29, 1996]; or
        ``(ii) whose entitlement to benefits is based upon an 
    entitlement redetermination made pursuant to subparagraph (C).
    ``(C) Within 90 days after the date of the enactment of this Act 
[Mar. 29, 1996], the Commissioner of Social Security shall notify each 
individual who is entitled to monthly insurance benefits under title II 
of the Social Security Act based on disability for the month in which 
this Act is enacted and whose entitlement to such benefits would 
terminate by reason of the amendments made by this subsection [amending 
this section and sections 422, 423, and 425 of this title]. If such an 
individual reapplies for benefits under title II of such Act (as amended 
by this Act) based on disability within 120 days after the date of the 
enactment of this Act, the Commissioner of Social Security shall, not 
later than January 1, 1997, complete the entitlement redetermination 
(including a new medical determination) with respect to such individual 
pursuant to the procedures of such title.
    ``(D) For purposes of this paragraph, an individual's claim, with 
respect to benefits under title II based on disability, which has been 
denied in whole before the date of the enactment of this Act, may not be 
considered to be finally adjudicated before such date if, on or after 
such date--
        ``(i) there is pending a request for either administrative or 
    judicial review with respect to such claim; or
        ``(ii) there is pending, with respect to such claim, a 
    readjudication by the Commissioner of Social Security pursuant to 
    relief in a class action or implementation by the Commissioner of a 
    court remand order.
    ``(E) Notwithstanding the provisions of this paragraph, with respect 
to any individual for whom the Commissioner of Social Security does not 
perform the entitlement redetermination before the date prescribed in 
subparagraph (C), the Commissioner shall perform such entitlement 
redetermination in lieu of a continuing disability review whenever the 
Commissioner determines that the individual's entitlement is subject to 
redetermination based on the preceding provisions of this paragraph, and 
the provisions of section 223(f) [section 423(f) of this title] shall 
not apply to such redetermination.''
    [Pub. L. 106-170, title IV, Sec. 401(c), Dec. 17, 1999, 113 Stat. 
1907, provided that: ``The amendments made by this section [amending 
section 105(a)(5) of Pub. L. 104-121, set out above] shall take effect 
as if included in the enactment of section 105 of the Contract with 
America Advancement Act of 1996 (Public Law 104-121; 110 Stat. 852 et 
seq.).'']


                    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.

          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.


 Development of Prototype of Counterfeit-Resistant Social Security Card

    Pub. L. 104-208, div. C, title VI, Sec. 657, Sept. 30, 1996, 110 
Stat. 3009-719, provided that:
    ``(a) Development.--
        ``(1) In general.--The Commissioner of Social Security (in this 
    section referred to as the `Commissioner') shall, in accordance with 
    the provisions of this section, develop a prototype of a 
    counterfeit-resistant social security card. Such prototype card--
            ``(A) shall be made of a durable, tamper-resistant material 
        such as plastic or polyester;
            ``(B) shall employ technologies that provide security 
        features, such as magnetic stripes, holograms, and integrated 
        circuits; and
            ``(C) shall be developed so as to provide individuals with 
        reliable proof of citizenship or legal resident alien status.
        ``(2) Assistance by attorney general.--The Attorney General 
    shall provide such information and assistance as the Commissioner 
    deems necessary to achieve the purposes of this section.
    ``(b) Studies and Reports.--
        ``(1) In general.--The Comptroller General and the Commissioner 
    of Social Security shall each conduct a study, and issue a report to 
    the Congress, that examines different methods of improving the 
    social security card application process.
        ``(2) Elements of studies.--The studies shall include 
    evaluations of the cost and work load implications of issuing a 
    counterfeit-resistant social security card for all individuals over 
    a 3, 5, and 10 year period. The studies shall also evaluate the 
    feasibility and cost implications of imposing a user fee for 
    replacement cards and cards issued to individuals who apply for such 
    a card prior to the scheduled 3, 5, and 10 year phase-in options.
        ``(3) Distribution of reports.--Copies of the reports described 
    in this subsection, along with facsimiles of the prototype cards as 
    described in subsection (a), shall be submitted to the Committees on 
    Ways and Means and Judiciary of the House of Representatives and the 
    Committees on Finance and Judiciary of the Senate not later than 1 
    year after the date of the enactment of this Act [Sept. 30, 1996].''
    Similar provisions were contained in the following prior act:
    Pub. L. 104-193, title I, Sec. 111, Aug. 22, 1996, 110 Stat. 2176.


   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 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.

                  Section Referred to in Other Sections

    This section is referred to in sections 402, 406, 408, 415, 416, 
421, 422, 423, 424a, 1007, 1009, 1306, 1320a-3, 1320a-3a, 1320a-7, 
1320a-7a, 1320a-8, 1320b-6, 1320b-10, 1320c-4, 1320c-5, 1383, 1395w-22, 
1395cc, 1395ff, 1395ii, 1395mm, 1395oo, 1395rr, 1395ww, 1396i, 1396q of 
this title; title 5 section 8503; title 7 sections 1506, 2020; title 8 
section 1324a; title 19 section 2312; title 26 sections 32, 6109; title 
30 section 923; title 31 section 3716.
