42 U.S.C. § 405 — Evidence, procedure, and certification for

Page 1902 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 chapter] if the individual to whom such benefits were paid would have been entitled to such benefits in or after the month in which this Act was enacted [Janu- ary 1968] if the report mentioned in the amendment made by subsection (a) of this section had been correct (but without regard to the provisions of section 202(j)(1) of such Act [42 U.S.C. 402(j)(1)]).’’ EFFECTIVE DATE OF 1939 AMENDMENT Act Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, provided that the amendment made by that section is effective Jan. 1, 1940. REPORT ON OVERPAYMENT WAIVERS Pub. L. 114–74, title VIII, § 845(c), Nov. 2, 2015, 129 Stat. 619, provided that: ‘‘Not later than January 1 of each calendar year, the Commissioner of Social Security shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Fi- nance of the Senate a report on— ‘‘(1) the number and total value of overpayments recovered or scheduled to be recovered by the Social Security Administration during the previous fiscal year of benefits under title II and title XVI [probably means title II and title XVI of act Aug. 14, 1935, ch. 531, which are classified to 42 U.S.C. 401 et seq. and 42 U.S.C. 1381 et seq.], respectively, including the terms and conditions of repayment of such overpayments; and ‘‘(2) the number and total value of overpayments waived by the Social Security Administration during the previous fiscal year of benefits under title II and title XVI, respectively.’’ § 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 in- consistent with the provisions of this sub- chapter, which are necessary or appropriate to carry out such provisions, and shall adopt rea- sonable and proper rules and regulations to reg- ulate and provide for the nature and extent of the proofs and evidence and the method of tak- ing and furnishing the same in order to establish the right to benefits hereunder. (b) Administrative determination of entitlement to benefits; findings of fact; hearings; inves- tigations; evidentiary hearings in reconsider- ations of disability benefit terminations; sub- sequent applications (1) The Commissioner of Social Security is di- rected to make findings of fact, and decisions as to the rights of any individual applying for a payment under this subchapter. Any such deci- sion 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 dis- cussion of the evidence, and stating the Com- missioner’s determination and the reason or rea- sons upon which it is based. Upon request by any such individual or upon request by a wife, di- vorced wife, widow, surviving divorced wife, sur- viving divorced mother, surviving divorced fa- ther, husband, divorced husband, widower, sur- viving 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 op- portunity for a hearing with respect to such de- cision, 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 re- ceived 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 inves- tigations and other proceedings as the Commis- sioner may deem necessary or proper for the ad- ministration of this subchapter. In the course of any hearing, investigation, or other proceeding, the Commissioner may administer oaths and af- firmations, examine witnesses, and receive evi- dence. Evidence may be received at any hearing before the Commissioner of Social Security even though inadmissible under rules of evidence ap- plicable 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 dis- ability, (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 deter- mined 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 reconsid- eration 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 evi- dentiary hearing, with regard to the finding de- scribed in subparagraph (B), which is reasonably accessible to such individual. Any reconsider- ation of a finding described in subparagraph (B) may be made either by the State agency or the Commissioner of Social Security where the find- ing was originally made by the State agency, and shall be made by the Commissioner of So- cial Security where the finding was originally made by the Commissioner of Social Security. In the case of a reconsideration by a State agen- cy of a finding described in subparagraph (B) which was originally made by such State agen- cy, 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 reconsider- ation by the Commissioner of Social Security of a finding described in subparagraph (B) which was originally made by the Commissioner of So- cial Security, the evidentiary hearing shall be held by a person other than the person or per- sons who made the finding described in subpara- graph (B). (3)(A) A failure to timely request review of an initial adverse determination with respect to an application for any benefit under this sub- chapter or an adverse determination on recon- Page 1903 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 1 See References in Text note below. sideration of such an initial determination shall not serve as a basis for denial of a subsequent application for any benefit under this sub- chapter 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, in- complete, or misleading information, relating to the consequences of reapplying for benefits in lieu of seeking review of an adverse determina- tion, 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 lan- guage the effect on possible entitlement to bene- fits under this subchapter of choosing to reapply in lieu of requesting review of the determina- tion. (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-employ- ment income. (B) The term ‘‘time limitation’’ means a pe- riod of three years, three months, and fifteen days. (C) The term ‘‘survivor’’ means an individ- ual’s spouse, surviving divorced wife, sur- viving divorced husband, surviving divorced mother, surviving divorced father, child, or parent, who survives such individual. (D) The term ‘‘period’’ when used with re- spect to self-employment income means a tax- able 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), (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 re- ported or should have been reported for cal- endar year 1937. (2)(A) On the basis of information obtained by or submitted to the Commissioner of Social Se- curity, and after such verification thereof as the Commissioner deems necessary, the Commis- sioner 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 rep- resentative of such individual or his estate, of the amounts of wages and self-employment in- come 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 du- ties 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 individ- uals by assigning such numbers (or ascertaining that such numbers have already been assigned): (I) to aliens at the time of their lawful ad- mission to the United States either for perma- nent 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 employ- ment; (II) to any individual who is an applicant for or recipient of benefits under any program fi- nanced in whole or in part from Federal funds including any child on whose behalf such bene- fits 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 inves- tigation as is necessary to establish to the sat- isfaction of the Commissioner of Social Secu- rity, 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, prohib- ited from engaging in employment; and, in carrying out such duties, the Commis- sioner 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 par- ents 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 de- termine which (if any) social security account number has previously been assigned to such in- dividual. With respect to an application for a so- cial security account number for an individual who has not attained the age of 18 before such application, such evidence shall include the in- formation described in subparagraph (C)(ii). (iii) In carrying out the requirements of this subparagraph, the Commissioner of Social Secu- rity shall enter into such agreements as may be necessary with the Attorney General and other officials and with State and local welfare agen- cies 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 Page 1904 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 2 So in original. Probably should be ‘‘subclause’’. registration law within its jurisdiction, utilize the social security account numbers issued by the Commissioner of Social Security for the pur- pose of establishing the identification of individ- uals 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 adminis- trative 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 responsi- bility for the law involved, the social security account number (or numbers, if the parent has more than one such number) issued to the par- ent unless the State (in accordance with regula- tions 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 Secu- rity and the agency administering the State’s plan under part D of subchapter IV in accord- ance with Federal or State law and regulation. Such numbers shall not be recorded on the birth certificate. A State shall not use any social se- curity 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, un- less section 7(a) of the Privacy Act of 1974 does not prohibit the State from requiring the disclo- sure of such number, by reason of the State hav- ing adopted, before January 1, 1975, a statute or regulation requiring such disclosure. (iii)(I) In the administration of section 9 of the Food and Nutrition Act of 2008 (7 U.S.C. 2018) in- volving 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 Agri- culture 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 ap- plicant, furnish the social security account numbers of the owners of such applicant. No of- ficer or employee of the Department of Agri- culture shall have access to any such number for any purpose other than the establishment and maintenance of a list of the names and social se- curity 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 in- strumentality of the United States which other- wise has access to social security account num- bers in accordance with this subsection or other applicable Federal law, except that the Sec- retary of Agriculture may share such informa- tion only to the extent that such Secretary de- termines such sharing would assist in verifying and matching such information against informa- tion maintained by such other agency or instru- mentality. Any such information shared pursu- ant to this subclause may be used by such other agency or instrumentality only for the purpose of effective administration and enforcement of the Food and Nutrition Act of 2008 [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 re- ferred to in this subclause, shall restrict, to the satisfaction of the Commissioner of Social Secu- rity, 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 pur- poses 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 con- fidentiality of the social security account num- bers. (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 pol- icyholder, 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 Corpora- tion may require each policyholder to provide to the Manager, at such times and in such manner as prescribed by the Manager, the social secu- rity account number of each individual that holds or acquires a substantial beneficial inter- est in the policyholder. For purposes of this clause, the term ‘‘substantial beneficial inter- est’’ means not less than 5 percent of all bene- ficial 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 em- ployees of the United States or authorized per- sons whose duties or responsibilities require ac- cess for the administration of the Federal Crop Insurance Act. The Secretary of Agriculture shall provide such other safeguards as the Com- missioner of Social Security determines to be necessary or appropriate to protect the con- fidentiality of such social security account num- bers. For purposes of this clause the term ‘‘au- thorized person’’ means an officer or employee of an insurer whom the Manager of the Corpora- tion 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 Page 1905 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 3 So in original. Probably should be ‘‘amendments made by, such Act.’’ 4 So in original. with the policy set forth in clause (i), such pro- vision 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 re- quirement set forth in clause (ii), such provision shall, on and after October 13, 1988, be null, void, and of no effect. (vi)(I) For purposes of clause (i) of this sub- paragraph, an agency of a State (or political subdivision thereof) charged with the adminis- tration 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 re- quests for information from an agency admin- istering a program funded under part A of sub- chapter IV or an agency operating pursuant to the provisions of part D of such subchapter. (II) Any State or political subdivision thereof (and any person acting as an agent of such an agency or instrumentality), in the administra- tion of any driver’s license or motor vehicle reg- istration law within its jurisdiction, may not display a social security account number issued by the Commissioner of Social Security (or any derivative of such number) on any driver’s li- cense, motor vehicle registration, or personal identification card (as defined in section 7212(a)(2) of the 9/11 Commission Implementation Act of 2004), or include, on any such license, reg- istration, or personal identification card, a mag- netic strip, bar code, or other means of commu- nication which conveys such number (or deriva- tive thereof). (vii) For purposes of this subparagraph, the term ‘‘State’’ includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, the Commonwealth of the North- ern Marianas, and the Trust Territory of the Pa- cific 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 num- ber 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 ac- count 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 unau- thorized disclosures of return and return infor- mation 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 ex- change for any return or return information) de- scribed in such paragraph. (III) For purposes of this clause, the term ‘‘au- thorized 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 em- ployee 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 sub- clause, the term ‘‘officer or employee’’ includes a former officer or employee. (IV) For purposes of this clause, the term ‘‘re- lated record’’ means any record, list, or compila- tion 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 main- tained pursuant to this clause. (ix) In the administration of the provisions of chapter 81 of title 5 and the Longshore and Har- bor 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 in- jury or a claim for benefits under such provi- sions 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 sys- tem of records necessary for the effective ad- ministration of such provisions. The Secretary of Labor shall restrict, to the satisfaction of the Commissioner of Social Security, access to so- cial security account numbers obtained pursu- ant to this clause to officers and employees of the United States whose duties or responsibil- ities require access for the administration or en- forcement 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 con- fidentiality of the social security account num- bers. (x) The Secretary of Health and Human Serv- ices, and the Exchanges established under sec- tion 1311 of the Patient Protection and Afford- able Care Act [42 U.S.C. 18031], are authorized to collect and use the names and social security ac- count numbers of individuals as required to ad- minister the provisions of, and the amendments made by, the such Act.3 (xi) No Federal, State, or local agency may display the Social Security 4 account number of any individual, or any derivative of such num- ber, on any check issued for any payment by the Federal, State, or local agency. (xii) No Federal, State, or local agency may employ, or enter into a contract for the use or employment of, prisoners in any capacity that would allow such prisoners access to the Social Security 4 account numbers of other individuals. For purposes of this clause, the term ‘‘prisoner’’ means an individual confined in a jail, prison, or other penal institution or correctional facility pursuant to such individual’s conviction of a criminal offense. Page 1906 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 (xiii) The Secretary of Health and Human Services, in consultation with the Commissioner of Social Security, shall establish cost-effective procedures to ensure that a Social Security 4 ac- count number (or derivative thereof) is not dis- played, coded, or embedded on the Medicare card issued to an individual who is entitled to bene- fits under part A of subchapter XVIII or enrolled under part B of subchapter XVIII and that any other identifier displayed on such card is not identifiable as a Social Security 4 account num- ber (or derivative thereof). (D)(i) It is the policy of the United States that— (I) any State (or any political subdivision of a State) and any authorized blood donation fa- cility 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 do- nates blood within such State (or political subdivision) to furnish to such State (or polit- ical subdivision), to any agency thereof having related administrative responsibility, or to any authorized blood donation facility the so- cial 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 fa- cility’’ 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 Terri- tory 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 ac- count numbers issued by the Commissioner of Social Security for the additional purposes de- scribed in clause (ii) if such numbers have been collected and are otherwise utilized by such State (or political subdivision) in accord- ance 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 individ- uals 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 Fed- eral law enacted before August 15, 1994, is incon- sistent 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 fur- nish satisfactory proof of a social security ac- count 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 ac- count number to such individual. The social se- curity 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 in- formation obtained by the Commissioner pursu- ant to the second sentence of subparagraph (B)(ii) and to subparagraph (C)(ii) for the pur- pose of administering those sections of the In- ternal Revenue Code of 1986 which grant tax ben- efits based on support or residence of children. (3) The Commissioner’s records shall be evi- dence for the purpose of proceedings before the Commissioner of Social Security or any court of the amounts of wages paid to, and self-employ- ment 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 al- leged 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 limita- tion following any year the Commissioner of So- cial Security may, if it is brought to the Com- missioner’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 Commis- sioner’s records as to the wages alleged to have been paid by an employer to an indi- vidual 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 Commis- sioner’s records as to the self-employment in- Page 1907 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 come alleged to have been derived by an indi- vidual in such year shall be conclusive for the purposes of this subchapter that no such al- leged self-employment income was derived by such individual in such year unless it is shown that he filed a tax return of his self-employ- ment income for such year before the expira- tion of the time limitation following such year, in which case the Commissioner of So- cial Security shall include in the Commis- sioner’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 de- rived by, an individual, the Commissioner of So- cial Security may change or delete any entry with respect to wages or self-employment in- come in the Commissioner’s records of such year for such individual or include in the Commis- sioner’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 with- in the time limitation following such year; ex- cept that no such change, deletion, or inclu- sion may be made pursuant to this subpara- graph after a final decision upon the applica- tion 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 in- clusion 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 no- tice 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 Rail- road 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 trans- ferred 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 sub- chapter; (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 (includ- ing information returns and other written statements) filed with the Commissioner of Internal Revenue under title VIII of the So- cial 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 pe- riod specified in subsection (q) 1 of such sec- tion (as so in effect), or allowances of credits or refunds of overpayments by a State under an agreement pursuant to such section; except that no amount of self-employment in- come 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 Commis- sioner’s records pursuant to this subpara- graph; (G) to correct errors made in the allocation, to individuals or periods, of wages or self-em- ployment 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 remu- neration for employment under subsection (o), such entries to be in accordance with certified reports of records made by the Railroad Re- tirement 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 Re- tirement 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 Commis- sioner of Social Security as payments erro- neously included in such records as wages paid to such individual, if such income (or net earn- ings from self-employment), not already in- cluded in such records as self-employment in- come, is included in a return or statement (re- ferred to in subparagraph (F) of this sub- section) 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 in- volved, 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-em- ployment income for the period involved. (7) Upon request in writing (within such pe- riod, after any change or refusal of a request for a change of the Commissioner’s records pursu- ant to this subsection, as the Commissioner of Social Security may prescribe), opportunity for hearing with respect to such change or refusal Page 1908 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 shall be afforded to any individual or his sur- vivor. If a hearing is held pursuant to this para- graph 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 insur- ance 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 re- lationship between the third party and the ap- plicant or recipient, as the case may be. (9) Decisions of the Commissioner of Social Security under this subsection shall be review- able by commencing a civil action in the United States district court as provided in subsection (g). (d) Issuance of subpenas in administrative pro- ceedings 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 here- under, 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 at- tendance of witnesses and production of evi- dence at the designated place of such hearing, investigation, or other proceeding may be re- quired 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 Commis- sioner (1) by delivering a copy thereof to the in- dividual 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 mile- age 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 dis- trict court of the United States for the judicial district in which said person charged with con- tumacy or refusal to obey is found or resides or transacts business, upon application by the Commissioner of Social Security, shall have ju- risdiction to issue an order requiring such per- son 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, § 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 no- tice of such decision or within such further time as the Commissioner of Social Security may allow. Such action shall be brought in the dis- trict 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 re- side or have his principal place of business with- in any such judicial district, in the United States District Court for the District of Colum- bia. As part of the Commissioner’s answer the Commissioner of Social Security shall file a cer- tified copy of the transcript of the record includ- ing the evidence upon which the findings and de- cision 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 Com- missioner of Social Security, with or without re- manding 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 Com- missioner of Social Security, because of failure of the claimant or such individual to submit proof in conformity with any regulation pre- scribed under subsection (a) of this section, the court shall review only the question of con- formity 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 evi- dence 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 pro- ceeding; and the Commissioner of Social Secu- rity shall, after the case is remanded, and after hearing such additional evidence if so ordered, modify or affirm the Commissioner’s findings of fact or the Commissioner’s decision, or both, and shall file with the court any such additional and modified findings of fact and decision, and, in any case in which the Commissioner has not made a decision fully favorable to the indi- vidual, a transcript of the additional record and testimony upon which the Commissioner’s ac- tion in modifying or affirming was based. Such additional or modified findings of fact and deci- sion shall be reviewable only to the extent pro- vided 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 Page 1909 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 the same manner as a judgment in other civil actions. Any action instituted in accordance with this subsection shall survive notwith- standing 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 bind- ing upon all individuals who were parties to such hearing. No findings of fact or decision of the Commissioner of Social Security shall be re- viewed 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 So- cial 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 Se- curity shall certify to the Managing Trustee the name and address of the person so entitled to re- ceive 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 Treas- ury, and prior to any action thereon by the Gov- ernment Accountability Office, shall make pay- ment in accordance with the certification of the Commissioner of Social Security (except that in the case of (A) an individual who will have com- pleted ten years of service (or five or more years of service, all of which accrues after December 31, 1995) creditable under the Railroad Retire- ment 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 or divorced wife or divorced husband of such an individual, (C) any survivor of such an individual if such survivor is entitled, or could upon application become enti- tled, to an annuity under section 2 of the Rail- road 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 indi- vidual (except a survivor of such an individual where such individual did not have a current connection with the railroad industry, as de- fined 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 pay- ments to such person on behalf of the Managing Trustee in accordance with the provisions of the Railroad Retirement Act of 1974): Provided, That where a review of the Commissioner’s decision is or may be sought under subsection (g) the Com- missioner of Social Security may withhold cer- tification of payment pending such review. The Managing Trustee shall not be held personally liable for any payment or payments made in ac- cordance with a certification by the Commis- sioner 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, re- gardless of the legal competency or incom- petency of the individual, either for direct pay- ment to the individual, or for his or her use and benefit, to another individual, or an organiza- tion, with respect to whom the requirements of paragraph (2) have been met (hereinafter in this subsection referred to as the individual’s ‘‘rep- resentative payee’’). If the Commissioner of So- cial Security or a court of competent jurisdic- tion 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 sub- section and certify payment to an alternative representative payee or, if the interest of the in- dividual under this subchapter would be served thereby, to the individual. (B) In the case of an individual entitled to ben- efits based on disability, the payment of such benefits shall be made to a representative payee if the Commissioner of Social Security deter- mines that such payment would serve the inter- est of the individual because the individual also has an alcoholism or drug addiction condition (as determined by the Commissioner) and the in- dividual is incapable of managing such benefits. (C)(i) An individual who is entitled to or is an applicant for a benefit under this subchapter, subchapter VIII, or subchapter XVI, who has at- tained 18 years of age or is an emancipated minor, may, at any time, designate one or more other individuals to serve as a representative payee for such individual in the event that the Commissioner of Social Security determines under subparagraph (A) that the interest of such individual would be served by certification for payment of such benefits to which the indi- vidual is entitled to a representative payee. If the Commissioner of Social Security makes such a determination with respect to such indi- vidual at any time after such designation has been made, the Commissioner shall— (I) certify payment of such benefits to the designated individual, subject to the require- ments of paragraph (2); or (II) if the Commissioner determines that cer- tification for payment of such benefits to the designated individual would not satisfy the re- quirements of paragraph (2), that the des- ignated individual is unwilling or unable to serve as representative payee, or that other good cause exists, certify payment of such benefits to another individual or organization, in accordance with paragraph (1). (ii) An organization may not be designated to serve as a representative payee under this sub- paragraph. (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— Page 1910 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 (i) an investigation by the Commissioner of Social Security of the person to serve as rep- resentative 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 deter- mined by the Commissioner of Social Security in regulations). (B)(i) As part of the investigation referred to in subparagraph (A)(i), the Commissioner of So- cial 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 ap- plication for benefits under this subchapter, subchapter VIII, or subchapter XVI, (II) verify such person’s social security ac- count 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, (IV) obtain information concerning whether such person has been convicted of any other offense under Federal or State law which re- sulted in imprisonment for more than 1 year, (V) obtain information concerning whether such person is a person described in section 402(x)(1)(A)(iv) of this title, (VI) determine whether certification of pay- ment of benefits to such person has been re- voked pursuant to this subsection, the des- ignation 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, or subchapter XVI, and (VII) determine whether such person has been convicted (and not subsequently exoner- ated), under Federal or State law, of a felony provided under clause (iv), or of an attempt or a conspiracy to commit such a felony. (ii) The Commissioner of Social Security shall establish and maintain a centralized file, which shall be updated periodically and which shall be in a form which renders it readily retrievable by each servicing office of the Social Security Ad- ministration. Such file shall consist of— (I) a list of the names and social security ac- count 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 rep- resentative payee has been revoked pursuant to section 1007(a) of this title, or with respect to whom payment of benefits has been termi- nated on or after such date pursuant to sec- tion 1383(a)(2)(A)(iii) of this title, by reason of misuse of funds paid as benefits under this subchapter, subchapter VIII, or subchapter XVI, and (II) a list of the names and social security account numbers (or employer identification numbers) of all persons who have been con- victed of a violation of section 408, 1011, or 1383a of this title. (iii) Notwithstanding the provisions of section 552a of title 5 or any other provision of Federal or State law (other than section 6103 of the In- ternal Revenue Code of 1986 and section 1306(c) of this title), the Commissioner shall furnish any Federal, State, or local law enforcement of- ficer, upon the written request of the officer, with the current address, social security ac- count number, and photograph (if applicable) of any person investigated under this paragraph, if the officer furnishes the Commissioner with the name of such person and such other identifying information as may reasonably be required by the Commissioner to establish the unique iden- tity of such person, and notifies the Commis- sioner that— (I) such person is described in section 402(x)(1)(A)(iv) of this title, (II) such person has information that is nec- essary for the officer to conduct the officer’s official duties, and (III) the location or apprehension of such person is within the officer’s official duties. (iv) The felony crimes provided under this clause, whether an offense under State or Fed- eral law, are the following: (I) Human trafficking, including as prohib- ited under sections 1590 and 1591 of title 18. (II) False imprisonment, including as prohib- ited under section 1201 of title 18. (III) Kidnapping, including as prohibited under section 1201 of title 18. (IV) Rape and sexual assault, including as prohibited under sections 2241, 2242, 2243, and 2244 of title 18. (V) First-degree homicide, including as pro- hibited under section 1111 of title 18. (VI) Robbery, including as prohibited under section 2111 of title 18. (VII) Fraud to obtain access to government assistance, including as prohibited under sec- tions 287, 1001, and 1343 of title 18. (VIII) Fraud by scheme, including as prohib- ited under section 1343 of title 18. (IX) Theft of government funds or property, including as prohibited under section 641 of title 18. (X) Abuse or neglect, including as prohibited under sections 111, 113, 114, 115, 116, or 117 of title 18. (XI) Forgery, including as prohibited under section 642 and chapter 25 (except section 512) of title 18. (XII) Identity theft or identity fraud, includ- ing as prohibited under sections 1028 and 1028A of title 18. The Commissioner of Social Security may pro- mulgate regulations to provide for additional felony crimes under this clause. (v)(I) For the purpose of carrying out the ac- tivities required under subparagraph (B)(i) as part of the investigation under subparagraph (A)(i), the Commissioner may conduct a back- ground check of any individual seeking to serve as a representative payee under this subsection and may disqualify from service as a representa- tive payee any such individual who fails to Page 1911 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 5 So in original. Probably should be followed by a comma. grant permission for the Commissioner to con- duct such a background check. (II) The Commissioner may revoke certifi- cation of payment of benefits under this sub- section to any individual serving as a represent- ative payee on or after January 1, 2019 who fails to grant permission for the Commissioner to conduct such a background check. (C)(i) Benefits of an individual may not be cer- tified for payment to any other person pursuant to this subsection if— (I) such person has previously been con- victed as described in subparagraph (B)(i)(III), (II) except as provided in clause (ii), certifi- cation of payment of benefits to such person under this subsection has previously been re- voked as described in subparagraph (B)(i)(VI) 5 the designation of such person as a representa- tive payee has been revoked pursuant to sec- tion 1007(a) of this title, or payment of bene- fits 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)(VI) of this title, (III) except as provided in clause (iii), such person is a creditor of such individual who provides such individual with goods or services for consideration, (IV) such person has previously been con- victed as described in subparagraph (B)(i)(IV), unless the Commissioner determines that such certification would be appropriate notwith- standing such conviction, (V) such person is a person described in sec- tion 402(x)(1)(A)(iv) of this title, (VI) except as provided in clause (vi), such person has previously been convicted (and not subsequently exonerated) as described in sub- paragraph (B)(i)(VII), or (VII) such person’s benefits under this sub- chapter, subchapter VIII, or subchapter XVI are certified for payment to a representative payee during the period for which the individ- ual’s benefits would be certified for payment to another person. (ii) The Commissioner of Social Security shall prescribe regulations under which the Commis- sioner 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 there- in if such creditor is— (I) a relative of such individual if such rel- ative resides in the same household as such in- dividual, (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 rep- resentative 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 bene- ficiary, (II) the financial relationship of such indi- vidual 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 individ- ual’s representative payee, preference shall be given to— (I) a certified community-based nonprofit so- cial service agency (as defined in paragraph (10)), (II) a Federal, State, or local government agency whose mission is to carry out income maintenance, social service, or health care-re- lated 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 de- termines that selection of a family member would be appropriate. (vi)(I) With respect to any person described in subclause (II)— (aa) subparagraph (B)(i)(VII) shall not apply; and (bb) the Commissioner may grant an exemp- tion from the provisions of clause (i)(VI) if the Commissioner determines that such exemp- tion is in the best interest of the individual entitled to benefits. (II) A person is described in this subclause if the person— (aa) is the custodial parent of a minor child for whom the person applies to serve; (bb) is the custodial spouse of the bene- ficiary for whom the person applies to serve; (cc) is the custodial parent of a beneficiary who is under a disability (as defined in section 423(d) of this title) which began before the ben- eficiary attained the age of 22, for whom the person applies to serve; (dd) is the custodial court appointed guard- ian of the beneficiary for whom the person ap- plies to serve; (ee) is the custodial grandparent of a minor grandchild for whom the person applies to serve; Page 1912 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 (ff) is the parent who was previously rep- resentative payee for his or her minor child who has since turned 18 and continues to be el- igible for such benefit; or (gg) received a presidential or gubernatorial pardon for the relevant conviction. (D)(i) Subject to clause (ii), if the Commis- sioner of Social Security makes a determination described in the first sentence of paragraph (1) with respect to any individual’s benefit and de- termines that direct payment of the benefit to the individual would cause substantial harm to the individual, the Commissioner of Social Se- curity may defer (in the case of initial entitle- ment) or suspend (in the case of existing entitle- ment) direct payment of such benefit to the in- dividual, 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 pe- riod 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 incom- petent, 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 represent- ative 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 indi- vidual 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 para- graph (1) or with the designation of a particular person to serve as representative payee shall be entitled to a hearing by the Commissioner of So- cial Security to the same extent as is provided in subsection (b), and to judicial review of the Commissioner’s final decision as is provided in subsection (g). (ii) In advance of the certification of payment of an individual’s benefit to a representative payee under paragraph (1), the Commissioner of Social Security shall provide written notice of the Commissioner’s initial determination to cer- tify such payment. Such notice shall be provided to such individual, except that, if such indi- vidual— (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 in- dividual. (iii) Any notice described in clause (ii) shall be clearly written in language that is easily under- standable to the reader, shall identify the per- son to be designated as such individual’s rep- resentative payee, and shall explain to the read- er the right under clause (i) of such individual or of such individual’s legal guardian or legal rep- resentative— (I) to appeal a determination that a rep- resentative payee is necessary for such indi- vidual, (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 Com- missioner of Social Security shall establish a system of accountability monitoring whereby such person shall report not less often than an- nually with respect to the use of such payments. The Commissioner of Social Security shall es- tablish and implement statistically valid proce- dures 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 pay- ment 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 pay- ment is a resident of a Federal institution and the other person to whom such payment is made is the institution. (D)(i) Subparagraph (A) shall not apply in any case where the other person to whom such pay- ment is made is— (I) a parent, or other individual who is a legal guardian of, a minor child entitled to such payment who primarily resides in the same household; (II) a parent of an individual entitled to such payment who is under a disability (as defined in section 423(d) of this title) who primarily resides in the same household; or (III) the spouse of the individual entitled to such payment. (ii) The Commissioner of Social Security shall establish and implement procedures as nec- essary for the Commissioner to determine the eligibility of such parties for the exemption pro- vided in clause (i). The Commissioner shall pre- scribe such regulations as may be necessary to determine eligibility for such exemption. (E) Notwithstanding subparagraphs (A), (B), (C), and (D), the Commissioner of Social Secu- rity may require a report at any time from any person receiving payments on behalf of another, if the Commissioner of Social Security has rea- son to believe that the person receiving such payments is misusing such payments. (F) In any case in which the person described in subparagraph (A) or (E) receiving payments on behalf of another fails to submit a report re- quired by the Commissioner of Social Security under subparagraph (A) or (E), the Commis- sioner may, after furnishing notice to such per- son and the individual entitled to such payment, require that such person appear in person at a field office of the Social Security Administra- tion serving the area in which the individual re- sides in order to receive such payments. Page 1913 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 6 So in original. Probably should be followed by ‘‘and’’. (G) The Commissioner of Social Security shall maintain a centralized file, which shall be up- dated periodically and which shall be in a form which will be readily retrievable by each serv- icing office of the Social Security Administra- tion, of— (i) the address and the social security ac- count 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 rep- resentative 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. (H) Each servicing office of the Administra- tion shall maintain a list, which shall be up- dated periodically, of public agencies and cer- tified community-based nonprofit social service agencies (as defined in paragraph (10)) which are qualified to serve as representative payees pur- suant 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) Except as provided in the next sen- tence, a qualified organization may collect from an individual a monthly fee for expenses (includ- ing overhead) incurred by such organization in providing services performed as such individ- ual’s representative payee pursuant to this sub- section if such fee does not exceed the lesser of— (I) 10 percent of the monthly benefit in- volved, or (II) $25.00 per month ($50.00 per month in any case in which the individual is described in paragraph (1)(B)). A qualified organization may not collect a fee from an individual for any month with respect to which the Commissioner of Social Security or a court of competent jurisdiction has deter- mined that the organization misused all or part of the individual’s benefit, and any amount so collected by the qualified organization for such month shall be treated as a misused part of the individual’s benefit for purposes of paragraphs (5) and (6). The Commissioner shall adjust annu- ally (after 1995) each dollar amount set forth in subclause (II) under procedures providing for ad- justments 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 ex- cess of the amount permitted under this sub- paragraph 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 pur- poses 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 responsibil- ities, or any certified community-based non- profit social service agency (as defined in para- graph (10)), if such agency, in accordance with any applicable regulations of the Commissioner of Social Security— (i) regularly provides services as the rep- resentative payee, pursuant to this subsection or section 1007 or 1383(a)(2) of this title, con- currently to 5 or more individuals,6 (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 pre- scribe regulations under which the Commis- sioner of Social Security may grant an excep- tion 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 know- ingly charges or collects, directly or indirectly, any fee in excess of the maximum fee prescribed under subparagraph (A) or makes any agree- ment, 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 cer- tify for payment to the beneficiary or the bene- ficiary’s alternative representative payee an amount equal to such misused benefits. In any case in which a representative payee that— (A) is not an individual (regardless of wheth- er it is a ‘‘qualified organization’’ within the meaning of paragraph (4)(B)); or (B) is an individual who, for any month dur- ing a period when misuse occurs, serves 15 or more individuals who are beneficiaries under this subchapter, subchapter VIII, subchapter XVI, or any combination of such subchapters; misuses all or part of an individual’s benefit paid to such representative payee, the Commis- sioner of Social Security shall certify for pay- ment to the beneficiary or the beneficiary’s al- ternative representative payee an amount equal to the amount of such benefit so misused. The provisions of this paragraph are subject to the limitations of paragraph (7)(B). The Commis- sioner of Social Security shall make a good faith effort to obtain restitution from the termi- nated representative payee. (6) In addition to such other reviews of rep- resentative payees as the Commissioner of So- cial Security may otherwise conduct, the Com- missioner shall provide for the periodic onsite review of any person or agency located in the United States that receives the benefits payable under this subchapter (alone or in combination with benefits payable under subchapter VIII or subchapter XVI) to another individual pursuant Page 1914 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 7 So in original. There are no subpars. (A) and (B). to the appointment of such person or agency as a representative payee under this subsection, section 1007 of this title, or section 1383(a)(2) of this title in any case in which— (i) the representative payee is a person who serves in that capacity with respect to 15 or more such individuals; (ii) the representative payee is a certified community-based nonprofit social service agency (as defined in paragraph (10) of this subsection or section 1383(a)(2)(I) of this title); (iii) the representative payee is an agency (other than an agency described in clause (ii)) that serves in that capacity with respect to 50 or more such individuals; or (iv) the representative payee collects a fee for its services. The Commissioner shall also conduct periodic onsite reviews of individual and organizational payees, including payees who are related to the beneficiary and primarily reside in the same household, selected on the basis of risk-factors for potential misuse or unsuitability associated with such payees or beneficiaries. (C) 7 (i) The Commissioner of Social Security shall make annual grants directly to the protec- tion and advocacy system serving each of the States and the American Indian consortium for the purpose of conducting reviews of representa- tive payees in accordance with this subpara- graph. The total amount used by the Commis- sioner for such grants each year— (I) shall be an amount sufficient, as deter- mined by the Commissioner in consultation with each of the protection and advocacy sys- tems, to carry out all of the activities de- scribed in clause (ii); and (II) shall not be less than $25,000,000. (ii) A protection and advocacy system awarded a grant under this subparagraph shall use the grant funds to— (I) conduct all periodic onsite reviews pursu- ant to this paragraph and such other reviews of representative payees as the Commissioner may request, including reviews conducted in response to allegations or concerns about the performance or suitability of the payee; (II) conduct additional reviews that the pro- tection and advocacy system has reason to be- lieve are warranted; (III) develop corrective action plans to assist representative payees in conforming to re- quirements specified by the Commissioner; (IV) submit a report to the Commissioner on each completed review containing such infor- mation as the Commissioner shall require; and (V) conduct an initial onsite assessment of any organization that begins collecting a fee for its services as a representative payee to ensure that such organization is established as such a representative payee in accordance with requirements specified by the Commis- sioner. A protection and advocacy system may refer beneficiaries to other programs or services as the protection and advocacy system considers appropriate. (iii) To be eligible to receive grants under this section, a protection and advocacy system shall submit an initial application to the Commis- sioner at such time, in such form and manner, and accompanied by such information and assur- ances as the Commissioner may require. (iv)(I) Subject to subclause (II), the Commis- sioner shall ensure that any funds used for grants under clause (i) shall be allocated to the protection and advocacy systems serving each of the States and the American Indian consortium in a manner such that the amount provided to each protection and advocacy system bears the same ratio to the total of such funds as the number of represented beneficiaries in the State or American Indian consortium in which such protection and advocacy system is located bears to the total number of represented beneficiaries. (II) The amount of an annual grant to a pro- tection and advocacy system under clause (i) shall— (aa) in the case of a protection and advocacy system serving American Samoa, Guam, the United States Virgin Islands, or the Common- wealth of the Northern Mariana Islands, or the American Indian consortium, not be less than $30,000; and (bb) in the case of a protection and advocacy system serving any other State, not be less than $60,000. (III) Funds provided to a protection and advo- cacy system through a grant under clause (i) for a 1-year period shall remain available through the end of the following 1-year period. (IV) For purposes of this clause, the term ‘‘represented beneficiary’’ means an individual— (aa) who is entitled to benefits under this subchapter, subchapter VIII, or subchapter XVI; and (bb) whose benefits have been certified for payment to a representative payee. (v)(I) The Commissioner shall make annual grants, in an amount equal to 4 percent of the total amount of grants awarded each year under clause (i), to an eligible national association for the provision of training and technical assist- ance, administrative support, and data collec- tion services to protection and advocacy sys- tems in connection with grants awarded under clause (i). (II) In this clause, the term ‘‘eligible national association’’ means a national disability asso- ciation with extensive knowledge and dem- onstrated experience in providing training, tech- nical assistance, and administrative oversight to protection and advocacy systems that mon- itor representative payees. (vi) In conducting reviews under this section, a protection and advocacy system shall have the same authorities, including access to records, facilities, and persons, as such system would have for purposes of providing services under subtitle C of title I of the Developmental Dis- abilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.). (vii) Whenever benefit amounts under this sub- chapter are increased by any percentage effec- tive with any month after November 2018 as a result of a determination made under section 415(i) of this title, each of the dollar amounts specified in clauses (i)(II) and (iv)(II) shall be in- creased by the same percentage. Page 1915 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 (viii) No additional funds are authorized to be appropriated to carry out the requirements of this subparagraph. Such requirements shall be carried out using amounts otherwise authorized. (ix) In this subparagraph: (I) The term ‘‘American Indian consortium’’ means a consortium established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.). (II) The term ‘‘protection and advocacy sys- tem’’ means a protection and advocacy system established under subtitle C of title I of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15041 et seq.). (III) The term ‘‘State’’ means the several States of the United States, the District of Co- lumbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana Islands. (7)(A) If the Commissioner of Social Security or a court of competent jurisdiction determines that a representative payee that is not a Fed- eral, State, or local government agency has mis- used all or part of an individual’s benefit that was paid to such representative payee under this subsection, the representative payee shall be lia- ble for the amount misused, and such amount (to the extent not repaid by the representative payee) shall be treated as an overpayment of benefits under this subchapter to the represent- ative payee for all purposes of this chapter and related laws pertaining to the recovery of such overpayments. Subject to subparagraph (B), upon recovering all or any part of such amount, the Commissioner shall certify an amount equal to the recovered amount for payment to such in- dividual or such individual’s alternative rep- resentative payee. (B) The total of the amount certified for pay- ment to such individual or such individual’s al- ternative representative payee under subpara- graph (A) and the amount certified for payment under paragraph (5) may not exceed the total benefit amount misused by the representative payee with respect to such individual. (8) For purposes of this subsection, the term ‘‘benefit based on disability’’ of an individual means a disability insurance benefit of such in- dividual 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. (9) For purposes of this subsection, misuse of benefits by a representative payee occurs in any case in which the representative payee receives payment under this subchapter for the use and benefit of another person and converts such pay- ment, or any part thereof, to a use other than for the use and benefit of such other person. The Commissioner of Social Security may prescribe by regulation the meaning of the term ‘‘use and benefit’’ for purposes of this paragraph. (10) For purposes of this subsection, the term ‘‘certified community-based nonprofit social service agency’’ means a community-based non- profit social service agency which is in compli- ance with requirements, under regulations which shall be prescribed by the Commissioner, for annual certification to the Commissioner that it is bonded in accordance with require- ments specified by the Commissioner and that it is licensed in each State in which it serves as a representative payee (if licensing is available in the State) in accordance with requirements specified by the Commissioner. Any such annual certification shall include a copy of any inde- pendent audit on the agency which may have been performed since the previous certification. (11)(A) The Commissioner of Social Security shall— (i) enter into agreements with each State with a plan approved under part E of sub- chapter IV for the purpose of sharing and matching data, on an automated monthly basis, in the system of records of the Social Security Administration with each Statewide and Tribal Automated Child Welfare Informa- tion System to identify represented minor beneficiaries who are in foster care under the responsibility of the State for such month; and (ii) in any case in which a represented minor beneficiary has entered or exited foster care or changed foster care placement in such month, redetermine the appropriate representative payee for such individual. (B) For purposes of this paragraph— (i) the term ‘‘State’’ has the meaning given such term for purposes of part E of subchapter IV; (ii) the term ‘‘Statewide and Tribal Auto- mated Child Welfare Information System’’ means a statewide mechanized data collection and information retrieval system described in section 674(a)(3)(C) of this title; and (iii) the term ‘‘represented minor bene- ficiary’’, with respect to an individual for a month, means a child (as defined for purposes of section 675(8) of this title) entitled to bene- fits under this subchapter for such month whose benefits are certified for payment to a representative payee. (12)(A) Not later than January 31 of each fiscal year, the Commissioner shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the total number of in- dividuals entitled to benefits under subchapters II, VIII, and XVI, respectively, (and the number of individuals concurrently entitled to benefits under more than one such subchapter) who have a representative payee, the total number of such representative payees, and the results of all re- views of representative payees conducted during the previous fiscal year in connection with bene- fits under this subchapter, subchapter VIII, or subchapter XVI. Such report shall summarize problems identified in such reviews and correc- tive actions taken or planned to be taken to cor- rect such problems, and shall include— (i) the number of such reviews; (ii) the results of such reviews; (iii) the number of cases in which the rep- resentative payee was changed and why; (iv) the number of reviews conducted in re- sponse to allegations or concerns about the performance or suitability of the payee; (v) the number of cases discovered in which there was a misuse of funds, and the total dol- lar amount of benefits determined by the Com- Page 1916 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 missioner during such fiscal year to have been misused by a representative payee (regardless of the fiscal year in which such misuse oc- curred); (vi) the number of cases discovered in which such misuse of funds resulted from the neg- ligent failure of the Commissioner to inves- tigate or monitor a representative payee; (vii) the final disposition of such cases of misuse of funds, including— (I) any criminal, civil, and administrative penalties imposed; (II) the total dollar amount of misused benefits repaid to beneficiaries and alter- native representative payees under each of— (aa) paragraph (5) (on the basis of a neg- ligent failure of the Commissioner de- scribed in such paragraph); (bb) paragraph (5) (on any other basis); and (cc) paragraph (7); (III) the total dollar amount of misused benefits recovered under each of— (aa) paragraph (5); and (bb) paragraph (7); (viii) any updates to prior year reports nec- essary to reflect subsequent recoveries and re- payments pertaining to misuse determinations made in prior years; and (ix) such other information as the Commis- sioner deems appropriate. (B) Each report required under this paragraph for a fiscal year shall include the information described in clauses (i) through (ix) of subpara- graph (A) with respect to— (i) all representative payees reviewed during such fiscal year; (ii) all such representative payees that are organizations, separated by whether such or- ganization collects a fee for its services as a representative payee; (iii) all such representative payees that are individuals serving 15 or more individuals; and (iv) all such representative payees that are individuals serving less than 15 individuals, separated by whether such representative payee is a family member. (k) Payments to incompetents Any payment made after December 31, 1939, under conditions set forth in subsection (j), any payment made before January 1, 1940, to, or on behalf of, a legally incompetent individual, and any payment made after December 31, 1939, to a legally incompetent individual without knowl- edge 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 Commis- sioner The Commissioner of Social Security is au- thorized to delegate to any member, officer, or employee of the Social Security Administration designated by the Commissioner any of the pow- ers 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 pro- visions of subsection (e). (m) Repealed. Aug. 28, 1950, ch. 809, title I, § 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 Treas- ury; except that appropriate adjustment or re- covery 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 de- fined in such Act), then, notwithstanding sec- tion 410(a)(9) of this title, compensation (as de- fined in such Railroad Retirement Act, but ex- cluding compensation attributable as having been paid during any month on account of mili- tary 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 sub- chapter on the basis of such employee’s wages and self-employment income and (B) entitle- ment 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 com- pensation. (p) Special rules in case of Federal service (1) With respect to service included as employ- ment under section 410 of this title which is per- formed 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 includ- ing service, performed as a volunteer or volun- teer leader within the meaning of the Peace Corps Act [22 U.S.C. 2501 et seq.], to which the Page 1917 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 provisions of section 410(o) of this title are appli- cable, 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 re- turns filed in accordance with the provisions of section 3122 of the Internal Revenue Code of 1954 and certifications made pursuant to this sub- section. Such determinations shall be final and conclusive. Nothing in this paragraph shall be construed to affect the Commissioner’s author- ity 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 instrumen- tality 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 Com- missioner of Social Security by such head or his agents under this subsection, which the Com- missioner 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 Ex- changes, or other activities, conducted by an in- strumentality 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 De- fense shall be deemed to be the head of such in- strumentality. The provisions of paragraphs (1) and (2) shall be applicable also in the case of service performed by a civilian employee, not compensated from funds appropriated by the Congress, in the Coast Guard Exchanges or other activities, conducted by an instrumentality of the United States subject to the jurisdiction of the Secretary of Homeland Security, at installa- tions of the Coast Guard for the comfort, pleas- ure, contentment, and mental and physical im- provement of personnel of the Coast Guard; and for purposes of paragraphs (1) and (2) the Sec- retary of Homeland Security 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 re- quest for the payment of such benefit— (i) in the case of an individual who re- ceived 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 sub- mitted prior to the expiration of such 30-day period, it shall be deemed to have been sub- mitted 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 Com- missioner of Social Security (and such writ- ten 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 Commis- sioner 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, cer- tify such benefits for payment, and payment shall be made within 15 days immediately fol- lowing 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 evi- dence, although additional evidence might be re- quired for a final decision, that an allegation de- scribed in paragraph (2)(A) is true, the Commis- sioner 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 certifi- cation under paragraph (3) of this subsection shall not be considered an incorrect payment for purposes of determining the liability of the cer- tifying 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 re- spect to any benefit alleged to be due under ei- ther section 423 of this title, or section 402 of this title to a wife, husband, or child of an indi- vidual entitled to or applying for benefits under section 423 of this title, or to a child who has at- tained 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 informa- tion (in a form established by the Commis- sioner of Social Security in consultation with the States) concerning individuals with re- spect to whom death certificates (or equiva- Page 1918 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 8 So in original. Probably should be ‘‘paragraph’’. lent documents maintained by the States or subdivisions) have been officially filed with them; and (B) there will be (i) a comparison of such in- formation on such individuals with informa- tion 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 accu- rately reflect the status of such individuals. (2)(A) Each State (or political subdivision thereof) which furnishes the Commissioner of Social Security with information on records of deaths in the State or subdivision under this subsection shall be paid by the Commissioner of Social Security for the following: (i) A fee, to be established pursuant to sub- paragraph (B), for the use of such information by— (I) the Commissioner; and (II) any other agency that receives such in- formation from the Commissioner and is subject to the requirements of subpara- graph 8 (3)(A). (ii) The full documented cost to the State of transmitting such information to the Commis- sioner, including the costs of maintaining, en- hancing, and operating any electronic system used solely for transmitting such information to the Commissioner. (B) The fee for the use of such information shall be established by the Commissioner of So- cial Security in consultations with the States, and shall include— (i) a share of the costs to the State associ- ated with collecting and maintaining such in- formation; ensuring the completeness, timeli- ness, and accuracy of such information; and maintaining, enhancing, and operating the electronic systems that allow for the trans- mission of such information; and (ii) a fee for the right to use such informa- tion. (C) The Commissioner of Social Security shall not use amounts provided for a fiscal year in an appropriation Act under the heading ‘‘Limita- tion on Administrative Expenses’’ for the Social Security Administration for the amounts under paragraph (3)(A), except as the Commissioner determines is necessary on a temporary basis and subject to reimbursement under such para- graph. (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 pro- vide such information through a cooperative ar- rangement with such agency, for ensuring prop- er payment of those benefits with respect to such individuals if— (A) under such arrangement the agency pro- vides reimbursement to the Commissioner of Social Security for— (i) the agency’s proportional share (as de- termined by the Commissioner in consulta- tion with the head of the agency) of— (I) the payments to States required under paragraph (2)(A); (II) the costs to the Commissioner of de- veloping the contracts described in para- graph (1); and (III) the costs to the Commissioner of carrying out the study required under sec- tion 802 of division FF of the Consolidated Appropriations Act, 2021; and (ii) the full documented cost to the Com- missioner of developing such arrangement and transmitting such information to the agency; and (B) such arrangement does not conflict with the duties of the Commissioner of Social Secu- rity under paragraph (1). (4) The Commissioner of Social Security may enter into similar agreements with States to provide information for their use in programs wholly funded by the States if the requirements of subparagraphs (A) and (B) of paragraph (3) are met. (5) The Commissioner of Social Security may use or provide for the use of all information re- garding deceased individuals furnished to or maintained by the Commissioner under this sub- section, subject to such safeguards as the Com- missioner of Social Security determines are nec- essary or appropriate to protect the information from unauthorized use or disclosure, for statis- tical and research activities conducted by a Fed- eral or State agency, provided that the require- ments of subparagraphs (A) and (B) of paragraph (3) are met. (6) Information furnished to the Commissioner of Social Security under this subsection may not be used for any purpose other than the pur- pose 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) In the event an individual is incorrectly identified as deceased in the records furnished by a State to the Commissioner of Social Secu- rity under this subsection and the individual provides the Commissioner with the necessary documentation to correct such identification, the Commissioner may— (A) notify the State of the error in the records so furnished; and (B) inform the individual of the source of the incorrect death data. (8) The Commissioner of Social Security shall include information on the status of the pro- gram established under this section and impedi- ments to the effective implementation of the program in the 1984 report required under sec- tion 904 of this title. (9)(A) The Commissioner of Social Security shall, upon the request of the official responsible for a State driver’s license agency pursuant to the Help America Vote Act of 2002 [52 U.S.C. 20901 et seq.]— (i) enter into an agreement with such offi- cial for the purpose of verifying applicable in- formation, so long as the requirements of sub- paragraphs (A) and (B) of paragraph (3) are met; and (ii) include in such agreement safeguards to assure the maintenance of the confidentiality Page 1919 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 of any applicable information disclosed and procedures to permit such agency to use the applicable information for the purpose of maintaining its records. (B) Information provided pursuant to an agreement under this paragraph shall be pro- vided at such time, in such place, and in such manner as the Commissioner determines appro- priate. (C) The Commissioner shall develop methods to verify the accuracy of information provided by the agency with respect to applications for voter registration, for whom the last 4 digits of a social security number are provided instead of a driver’s license number. (D) For purposes of this paragraph— (i) the term ‘‘applicable information’’ means information regarding whether— (I) the name (including the first name and any family forename or surname), the date of birth (including the month, day, and year), and social security number of an indi- vidual provided to the Commissioner match the information contained in the Commis- sioner’s records, and (II) such individual is shown on the records of the Commissioner as being deceased; and (ii) the term ‘‘State driver’s license agency’’ means the State agency which issues driver’s licenses to individuals within the State and maintains records relating to such licensure. (E) Nothing in this paragraph may be con- strued to require the provision of applicable in- formation with regard to a request for a record of an individual if the Commissioner determines there are exceptional circumstances warranting an exception (such as safety of the individual or interference with an investigation). (F) Applicable information provided by the Commissioner pursuant to an agreement under this paragraph or by an individual to any agency that has entered into an agreement under this paragraph shall be considered as strictly con- fidential and shall be used only for the purposes described in this paragraph and for carrying out an agreement under this paragraph. Any officer or employee or former officer or employee of a State, or any officer or employee or former offi- cer or employee of a contractor of a State who, without the written authority of the Commis- sioner, publishes or communicates any applica- ble information in such individual’s possession by reason of such employment or position as such an officer, shall be guilty of a felony and upon conviction thereof shall be fined or impris- oned, or both, as described in section 408 of this title. (10)(A) The Commissioner of Social Security shall, upon the request of the Secretary or the Inspector General of the Department of Health and Human Services— (i) enter into an agreement with the Sec- retary or such Inspector General for the pur- pose of matching data in the system of records of the Social Security Administration and the system of records of the Department of Health and Human Services, provided that the re- quirements of subparagraphs (A) and (B) of paragraph (3) are met with respect to such agreement; and (ii) include in such agreement safeguards to assure the maintenance of the confidentiality of any information disclosed. (B) For purposes of this paragraph, the term ‘‘system of records’’ has the meaning given such term in section 552a(a)(5) of title 5. (11) During the 3-year period that begins on the effective date of this paragraph, the Com- missioner of Social Security shall, to the extent feasible, provide information furnished to the Commissioner under paragraph (1) to the agency operating the Do Not Pay working system de- scribed in section 3354(c) of title 31 to prevent improper payments to deceased individuals through a cooperative arrangement with such agency, provided that the requirements of sub- paragraphs (A) and (B) of paragraph (3) are met with respect to such arrangement with such agency. (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 Com- missioner of Social Security or by a State agen- cy— (1) is written in simple and clear language, and (2) includes the address and telephone num- ber of the local office of the Social Security Administration which serves the recipient. In the case of any such notice which is not gen- erated by a local servicing office, the require- ments of paragraph (2) shall be treated as satis- fied if such notice includes the address of the local office of the Social Security Administra- tion which services the recipient of the notice and a telephone number through which such of- fice 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 Administra- tion and represents during the visit to an officer or employee of the Social Security Administra- tion in the office that the individual’s visit is occasioned by— (1) the receipt of a notice from the Social Se- curity 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 en- sure that the individual is granted a face-to-face interview at the office with an officer or em- ployee of the Social Security Administration be- fore 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 be- lieve that fraud or similar fault was involved in the application of the individual for such bene- fits, unless a United States attorney, or equiva- lent State prosecutor, with jurisdiction over po- tential or actual related criminal cases, cer- tifies, in writing, that there is a substantial risk Page 1920 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 that such action by the Commissioner of Social Security with regard to beneficiaries in a par- ticular investigation would jeopardize the crimi- nal prosecution of a person involved in a sus- pected fraud. (B) When redetermining the entitlement, or making an initial determination of entitlement, of an individual under this subchapter, the Com- missioner 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 know- ingly made; or (B) information that is material to the de- termination 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 in- sufficient evidence to support such entitlement, the Commissioner of Social Security may termi- nate such entitlement and may treat benefits paid on the basis of such insufficient evidence as overpayments. (Aug. 14, 1935, ch. 531, title II, § 205, 49 Stat. 624; Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, 1368; June 25, 1948, ch. 646, § 32(b), 62 Stat. 991; May 24, 1949, ch. 139, § 127, 63 Stat. 107; Aug. 28, 1950, ch. 809, title I, §§ 101(b)(2), 108(a)–(c), 109(b), 64 Stat. 488, 518, 523; July 18, 1952, ch. 945, § 5(b), 66 Stat. 775; Sept. 1, 1954, ch. 1206, title I, § 101(a)(5), (c)(3), 68 Stat. 1052, 1054; Aug. 1, 1956, ch. 836, title I, §§ 107(b), 111(a), 117, 70 Stat. 829, 831, 834; Aug. 1, 1956, ch. 837, title IV, § 402(b), 70 Stat. 871; Pub. L. 86–507, § 1(35), June 11, 1960, 74 Stat. 202; Pub. L. 86–778, title I, §§ 102(f)(2), 103(j)(2)(E), title VII, § 702(a), Sept. 13, 1960, 74 Stat. 933, 938, 993; Pub. L. 87–293, title II, § 202(b)(3), Sept. 21, 1961, 75 Stat. 626; Pub. L. 89–97, title III, §§ 308(d)(9), (10), 330, July 30, 1965, 79 Stat. 379, 401; Pub. L. 90–248, title I, § 171(a), Jan. 2, 1968, 81 Stat. 876; Pub. L. 91–452, title II, § 236, Oct. 15, 1970, 84 Stat. 930; Pub. L. 92–603, title I, § 137, Oct. 30, 1972, 86 Stat. 1364; Pub. L. 93–445, title III, §§ 302(a), 303, Oct. 16, 1974, 88 Stat. 1358; Pub. L. 94–202, § 4, Jan. 2, 1976, 89 Stat. 1136; Pub. L. 94–455, title XII, § 1211(b), Oct. 4, 1976, 90 Stat. 1711; Pub. L. 95–216, title III, § 353(f)(2), Dec. 20, 1977, 91 Stat. 1554; Pub. L. 95–600, title VII, § 703(j)(14)(B), Nov. 6, 1978, 92 Stat. 2942; Pub. L. 96–265, title III, §§ 305(a), 307, June 9, 1980, 94 Stat. 457, 458; Pub. L. 97–455, § 4(a), Jan. 12, 1983, 96 Stat. 2499; Pub. L. 98–21, title III, §§ 301(d), 309(i), 336, 345(a), Apr. 20, 1983, 97 Stat. 111, 117, 130, 137; Pub. L. 98–369, div. B, title VI, §§ 2661(h), 2663(a)(4), (j)(4), July 18, 1984, 98 Stat. 1157, 1162, 1171; Pub. L. 98–460, § 16(a), Oct. 9, 1984, 98 Stat. 1809; Pub. L. 99–509, title IX, § 9002(c)(2)(A), (B), Oct. 21, 1986, 100 Stat. 1971; Pub. L. 100–485, title I, § 125(a), Oct. 13, 1988, 102 Stat. 2353; Pub. L. 100–647, title VIII, §§ 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, §§ 10303(a), 10304, Dec. 19, 1989, 103 Stat. 2482, 2483; Pub. L. 101–508, title V, §§ 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, § 1735(a), (b), title XXII, § 2201(b), (c), Nov. 28, 1990, 104 Stat. 3791, 3792, 3951, 3952; Pub. L. 103–296, title I, § 107(a)(1), (2), (4), title II, §§ 201(a)(1)(A), (B), (2)(A)–(C), 206(a)(1), (d)(1), title III, §§ 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, § 105(a)(2), Mar. 29, 1996, 110 Stat. 852; Pub. L. 104–193, title I, § 108(a)(1), Aug. 22, 1996, 110 Stat. 2164; Pub. L. 105–34, title X, § 1090(b)(1), Aug. 5, 1997, 111 Stat. 962; Pub. L. 106–169, title II, § 251(b)(2), Dec. 14, 1999, 113 Stat. 1854; Pub. L. 107–90, title I, § 103(i)(3), Dec. 21, 2001, 115 Stat. 882; Pub. L. 107–252, title III, § 303(a)(5)(C), Oct. 29, 2002, 116 Stat. 1711; Pub. L. 108–203, title I, §§ 101(a), 102(a)(1), (b)(1), 103(a), 104(a), 105(a), 106(a), title IV, § 411(a), Mar. 2, 2004, 118 Stat. 495, 497, 498, 500, 503–505, 527; Pub. L. 108–271, § 8(b), July 7, 2004, 118 Stat. 814; Pub. L. 108–458, title VII, § 7214(a), Dec. 17, 2004, 118 Stat. 3832; Pub. L. 109–241, title IX, § 902(n), July 11, 2006, 120 Stat. 568; Pub. L. 110–234, title IV, § 4002(b)(1)(B), (2)(V), May 22, 2008, 122 Stat. 1096, 1097; Pub. L. 110–246, § 4(a), title IV, § 4002(b)(1)(B), (2)(V), June 18, 2008, 122 Stat. 1664, 1857, 1858; Pub. L. 111–148, title I, § 1414(a)(2), title VI, § 6402(b)(3), Mar. 23, 2010, 124 Stat. 237, 756; Pub. L. 111–318, § 2(a)(1), (b)(1), Dec. 18, 2010, 124 Stat. 3455; Pub. L. 114–10, title V, § 501(a), Apr. 16, 2015, 129 Stat. 163; Pub. L. 114–74, title VIII, § 843, Nov. 2, 2015, 129 Stat. 617; Pub. L. 115–165, title I, §§ 101(a), (b), 102(a), 103(a)(1), 105(a), title II, §§ 201(a), 202(a), 203(a), Apr. 13, 2018, 132 Stat. 1257, 1259–1261, 1264, 1266, 1267, 1272; Pub. L. 116–260, div. FF, title VIII, § 801(a), Dec. 27, 2020, 134 Stat. 3201.) Editorial Notes REFERENCES IN TEXT Subsecs. (e) and (q) of section 418 of this title, re- ferred to in subsec. (c)(1)(D)(i), (5)(F)(iii), which related to payments and reports by States, and to time limita- tion 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, § 9002(c)(1), Oct. 21, 1986, 100 Stat. 1971. 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 and Nutrition Act of 2008, referred to in subsec. (c)(2)(C)(iii)(I), (II), is Pub. L. 88–525, Aug. 31, 1964, 78 Stat. 703, which is classified generally to chap- ter 51 (§ 2011 et seq.) of Title 7, Agriculture. For com- plete classification of this Act to the Code, see Short Title note set out under section 2011 of Title 7 and Ta- bles. The Federal Crop Insurance Act, referred to in sub- sec. (c)(2)(C)(iv), is subtitle A of title V of act Feb. 16, 1938, ch. 30, 52 Stat. 72, which is classified generally to subchapter I (§ 1501 et seq.) of chapter 36 of Title 7, Ag- riculture. For complete classification of this Act to the Code, see section 1501 of Title 7 and Tables. Section 7212(a)(2) of the 9/11 Commission Implementa- tion Act of 2004, referred to in subsec. (c)(2)(C)(vi)(II), is section 7212(a)(2) of Pub. L. 108–458, which was formerly set out as a note under section 30301 of Title 49, Trans- portation. The Internal Revenue Code of 1986, referred to in sub- secs. (c)(2)(C)(viii)(II), (H) and (j)(2)(B)(iii), 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, Page 1921 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 1927, ch. 509, 44 Stat. 1424, which is classified generally to chapter 18 (§ 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 Patient Protection and Affordable Care Act, re- ferred to in subsec. (c)(2)(C)(x), is Pub. L. 111–148, Mar. 23, 2010, 124 Stat. 119. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 18001 of this title 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, § 101, Oct. 16, 1974, 88 Stat. 1305, which is classified generally to subchapter IV (§ 231 et seq.) of chapter 9 of Title 45, Railroads. Pub. L. 93–445 completely amended and re- vised 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 Retire- ment 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 (§ 215 et seq.) and subchapter III (§ 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 pre- ceding 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 sub- chapter VIII (§ 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 chap- ter 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 1954, Title 26. The Internal Revenue Code of 1954 was redesignated the In- ternal Revenue Code of 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095. For table of comparisons of the 1939 Code to the 1986 Code, see Table I preceding section 1 of Title 26, Internal Revenue Code. See also section 7852(b) of Title 26 for provision that references in any other law to a provision of the 1939 Code, unless ex- pressly incompatible with the intent thereof, shall be deemed a reference to the corresponding provision of the 1986 Code. For provision deeming a reference in other laws to a provision of the 1939 Code as a reference to the cor- responding 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 Rev- enue 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 redesig- nated 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. The Developmental Disabilities Assistance and Bill of Rights Act of 2000, referred to in subsec. (j)(6)(C)(vi), (ix)(I), (II), is Pub. L. 106–402, Oct. 30, 2000, 114 Stat. 1677. Subtitle C of title I of the Act is classified gen- erally to part C (§ 15041 et seq.) of subchapter I of chap- ter 144 of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 15001 of this title and Tables. The Peace Corps Act, referred to in subsec. (p)(1), is Pub. L. 87–293, Sept. 22, 1961, 75 Stat. 612, which is clas- sified principally to chapter 34 (§ 2501 et seq.) of Title 22, Foreign Relations and Intercourse. For complete clas- sification 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, re- ferred to in subsec. (p)(1), redesignated section 3122 of the Internal Revenue Code of 1986 by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, and is classified to section 3122 of Title 26, Internal Revenue Code. Section 802 of division FF of the Consolidated Appro- priations Act, 2021, referred to in subsec. (r)(3)(A)(i)(III), is section 802 of Pub. L. 116–260, div. FF, Dec. 27, 2020, 134 Stat. 3203, which is not classified to the Code. The Help America Vote Act of 2002, referred to in sub- sec. (r)(9)(A), is Pub. L. 107–252, Oct. 29, 2002, 116 Stat. 1666, which is classified principally to chapter 209 (§ 20901 et seq.) of Title 52, Voting and Elections. For complete classification of this Act to the Code, see Short Title of 2002 Act note set out under section 10101 of Title 52 and Tables. The effective date of this paragraph, referred to in subsec. (r)(11), is 3 years after Dec. 27, 2020, see section 801(b)(2) of Pub. L. 116–260, set out as an Effective Date of 2020 Amendment note below. CODIFICATION October 13, 1988, referred to in subsec. (c)(2)(C)(v), was in the original ‘‘the date of the enactment of such sub- clause’’, and was translated as if it read ‘‘the date of the enactment of such clause’’, as the probable intent of Congress. The clause in question, cl. (ii) of subsec. (c)(2)(C), was originally enacted as subcl. (II) of subsec. (c)(2)(C)(i), see 1988 Amendment note below, and was subsequently redesignated as cl. (ii) of subsec. (c)(2)(C), see 1990 Amendment note below. 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. In subsec. (h), Pub. L. 98–369, div. B, title VI, §2663(a)(4)(D), July 18, 1984, 98 Stat. 1162, substituted ‘‘section 1331 or 1346 of title 28’’ for text which, in the original, was ‘‘section 24 of the Judicial Code of the United States’’. See 1984 Amendment note below. Prior to the enactment of Title 28, Judiciary and Judicial Procedure, by act June 25, 1948, ch. 646, 62 Stat. 869, sec- tion 24 of the Judicial Code was classified to section 41 of former Title 28, Judicial Code and Judiciary. For dis- position of section 41 of former Title 28, see Table I. Pub. L. 110–234 and Pub. L. 110–246 made identical amendments to this section. The amendments by Pub. L. 110–234 were repealed by section 4(a) of Pub. L. 110–246. AMENDMENTS 2020—Subsec. (r)(2). Pub. L. 116–260, § 801(a)(1), des- ignated existing provisions as subpar. (A), substituted ‘‘shall’’ for ‘‘may’’ and ‘‘for the following:’’ and cls. (i) and (ii) for ‘‘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 in- formation to the Commissioner of Social Security.’’, and added subpars. (B) and (C). Subsec. (r)(3)(A). Pub. L. 116–260, § 801(a)(2), sub- stituted ‘‘for—’’ and cls. (i) and (ii) for ‘‘for the reason- able cost of carrying out such arrangement, and’’. Subsec. (r)(5). Pub. L. 116–260, § 801(a)(3), substituted ‘‘all information regarding deceased individuals fur- nished to or maintained by the Commissioner under Page 1922 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 this subsection’’ for ‘‘such records as may be corrected under this section’’ and ‘‘by a Federal or State agency, provided that the requirements of subparagraphs (A) and (B) of paragraph (3) are met’’ for ‘‘by Federal and State agencies’’. Subsec. (r)(7) to (9). Pub. L. 116–260, § 801(a)(4), added par. (7) and redesignated former pars. (7) and (8) as (8) and (9), respectively. Subsec. (r)(9)(F). Pub. L. 116–260, § 801(a)(5), sub- stituted ‘‘provided by the Commissioner’’ for ‘‘provided by the Commission’’. Subsec. (r)(10). Pub. L. 116–260, § 801(a)(6), realigned margins and, in subpar. (A)(i), inserted ‘‘, provided that the requirements of subparagraphs (A) and (B) of para- graph (3) are met with respect to such agreement’’ be- fore the semicolon. Pub. L. 116–260, § 801(a)(4), redesignated par. (9) as (10). Subsec. (r)(11). Pub. L. 116–260, § 801(a)(7), added par. (11). 2018—Subsec. (j)(1)(C). Pub. L. 115–165, § 201(a), added subpar. (C). Subsec. (j)(2)(B)(i)(VII). Pub. L. 115–165, § 202(a)(1)(A), added subcl. (VII). Subsec. (j)(2)(B)(iv), (v). Pub. L. 115–165, § 202(a)(1)(B), added cls. (iv) and (v). Subsec. (j)(2)(C)(i)(VI). Pub. L. 115–165, § 202(a)(2)(A), added subcl. (VI). Subsec. (j)(2)(C)(i)(VII). Pub. L. 115–165, § 203(a), added subcl. (VII). Subsec. (j)(2)(C)(vi). Pub. L. 115–165, § 202(a)(2)(B), added cl. (vi). Subsec. (j)(3)(D) to (H). Pub. L. 115–165, § 102(a), added subpar. (D), redesignated former subpars. (D) to (G) as (E) to (H), respectively, in subpar. (E), substituted ‘‘(C), and (D)’’ for ‘‘and (C)’’, and, in subpar. (F), substituted ‘‘(E)’’ for ‘‘(D)’’ in two places. Subsec. (j)(6). Pub. L. 115–165, § 105(a)(1), struck out subpar. (A) designation and subpar. (B) which related to report on periodic onsite reviews and other reviews of representative payees in connection with benefits under this subchapter. Subsec. (j)(6)(A). Pub. L. 115–165, § 101(b)(4), inserted concluding provisions. Subsec. (j)(6)(A)(iv). Pub. L. 115–165, § 101(b)(1)–(3), added cl. (iv). Subsec. (j)(6)(C). Pub. L. 115–165, § 101(a), added sub- par. (C). Subsec. (j)(11). Pub. L. 115–165, § 103(a)(1), added par. (11). Subsec. (j)(12). Pub. L. 115–165, § 105(a)(2), added par. (12). 2015—Subsec. (c)(2)(C)(x). Pub. L. 114–10, § 501(a)(1), re- aligned margins of cl. (x) authorizing collection and use of names and social security account numbers for cer- tain administrative purposes. Subsec. (c)(2)(C)(xi), (xii). Pub. L. 114–10, § 501(a)(2), re- designated cl. (x), prohibiting use of social security ac- count numbers on checks issued for payment by gov- ernmental agencies, and cl. (xi) as cls. (xi) and (xii), re- spectively. Subsec. (c)(2)(C)(xiii). Pub. L. 114–10, § 501(a)(3), added cl. (xiii). Subsec. (i). Pub. L. 114–74 inserted ‘‘or divorced wife or divorced husband’’ after ‘‘the wife or husband’’. 2010—Subsec. (c)(2)(C)(x). Pub. L. 111–318, § 2(a)(1), added cl. (x) prohibiting use of social security account numbers on checks issued for payment by govern- mental agencies. Pub. L. 111–148, § 1414(a)(2), added cl. (x) authorizing collection and use of names and social security account numbers for certain administrative purposes. Subsec. (c)(2)(C)(xi). Pub. L. 111–318, § 2(b)(1), added cl. (xi). Subsec. (r)(9). Pub. L. 111–148, § 6402(b)(3), added par. (9). 2008—Subsec. (c)(2)(C)(iii)(I), (II). Pub. L. 110–246, § 4002(b)(1)(B), (2)(V), substituted ‘‘Food and Nutrition Act of 2008’’ for ‘‘Food Stamp Act of 1977’’. 2006—Subsec. (p)(3). Pub. L. 109–241 substituted ‘‘of Homeland Security’’ for ‘‘of Transportation’’ in two places. 2004—Subsec. (c)(2)(C)(vi). Pub. L. 108–458 designated existing provisions as subcl. (I) and added subcl. (II). Subsec. (g). Pub. L. 108–203, § 411(a), substituted ‘‘and, in any case in which the Commissioner has not made a decision fully favorable to the individual, a transcript of the additional record and testimony’’ for ‘‘and a transcript of the additional record and testimony’’. Subsec. (i). Pub. L. 108–271 substituted ‘‘Government Accountability Office’’ for ‘‘General Accounting Of- fice’’. Subsec. (j)(2)(B)(i)(IV) to (VI). Pub. L. 108–203, § 103(a)(1), added subcls. (IV) and (V) and redesignated former subcl. (IV) as (VI). Subsec. (j)(2)(B)(iii). Pub. L. 108–203, § 103(a)(2), added cl. (iii). Subsec. (j)(2)(C)(i)(II). Pub. L. 108–203, § 103(a)(3), sub- stituted ‘‘subparagraph (B)(i)(VI)’’ for ‘‘subparagraph (B)(i)(IV),,’’ and ‘‘section 1383(a)(2)(B)(ii)(VI)’’ for ‘‘sec- tion 1383(a)(2)(B)(ii)(IV)’’. Subsec. (j)(2)(C)(i)(IV), (V). Pub. L. 108–203, § 103(a)(4), added subcls. (IV) and (V). Subsec. (j)(2)(C)(v)(I). Pub. L. 108–203, § 105(a)(2), sub- stituted ‘‘paragraph (10)’’ for ‘‘paragraph (9)’’. Pub. L. 108–203, § 102(a)(1)(A), substituted ‘‘a certified community-based nonprofit social service agency (as defined in paragraph (9))’’ for ‘‘a community-based non- profit social service agency licensed or bonded by the State’’. Subsec. (j)(3)(E). Pub. L. 108–203, § 106(a)(2), added sub- par. (E). Former subpar. (E) redesignated (F). Subsec. (j)(3)(F). Pub. L. 108–203, § 106(a)(1), redesig- nated subpar. (E) as (F). Former subpar. (F) redesig- nated (G). Pub. L. 108–203, § 105(a)(2), substituted ‘‘paragraph (10)’’ for ‘‘paragraph (9)’’. Pub. L. 108–203, § 102(a)(1)(B), substituted ‘‘certified community-based nonprofit social service agencies (as defined in paragraph (9))’’ for ‘‘community-based non- profit social service agencies’’. Subsec. (j)(3)(G). Pub. L. 108–203, § 106(a)(1), redesig- nated subpar. (F) as (G). Subsec. (j)(4)(A)(i). Pub. L. 108–203, § 104(a)(2), which directed amendment of cl. (i) in concluding provisions by substituting ‘‘A qualified organization may not col- lect a fee from an individual for any month with re- spect to which the Commissioner of Social Security or a court of competent jurisdiction has determined that the organization misused all or part of the individual’s benefit, and any amount so collected by the qualified organization for such month shall be treated as a mis- used part of the individual’s benefit for purposes of paragraphs (5) and (6). The Commissioner’’ for ‘‘The Secretary’’, was executed by making the substitution for ‘‘The Commissioner of Social Security’’ to reflect the probable intent of Congress. See 1994 Amendment note below. Pub. L. 108–203, § 104(a)(1), substituted ‘‘Except as pro- vided in the next sentence, a’’ for ‘‘A’’ in introductory provisions. Subsec. (j)(4)(B). Pub. L. 108–203, § 105(a)(2), sub- stituted ‘‘paragraph (10)’’ for ‘‘paragraph (9)’’ in intro- ductory provisions. Pub. L. 108–203, § 102(a)(1)(C), substituted ‘‘any cer- tified community-based nonprofit social service agency (as defined in paragraph (9))’’ for ‘‘any community- based nonprofit social service agency which is bonded or licensed in each State in which it serves as a rep- resentative payee’’ in introductory provisions. Subsec. (j)(5). Pub. L. 108–203, § 101(a)(1), designated first sentence of existing provisions as introductory provisions and inserted ‘‘In any case in which a rep- resentative payee that—’’ after ‘‘misused benefits.’’, added subpars (A) and (B), and designated second sen- tence of existing provisions as concluding provisions and inserted ‘‘misuses all or part of an individual’s ben- efit paid to such representative payee, the Commis- sioner of Social Security shall certify for payment to the beneficiary or the beneficiary’s alternative rep- resentative payee an amount equal to the amount of such benefit so misused. The provisions of this para- Page 1923 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 graph are subject to the limitations of paragraph (7)(B).’’ before ‘‘The Commissioner of Social Security shall make’’. Subsec. (j)(6). Pub. L. 108–203, § 102(b)(1), amended par. (6) generally. Prior to amendment, par. (6) read as fol- lows: ‘‘The Commissioner of Social Security shall in- clude as a part of the annual report required under sec- tion 904 of this title information with respect to the implementation of the preceding provisions of this sub- section, including the number of cases in which the rep- resentative 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, in- cluding any criminal penalties imposed, and such other information as the Commissioner of Social Security de- termines to be appropriate.’’ Subsec. (j)(6)(A)(ii). Pub. L. 108–203, § 105(a)(3), sub- stituted ‘‘paragraph (10)’’ for ‘‘paragraph (9)’’. Subsec. (j)(7). Pub. L. 108–203, § 105(a)(1), (4), added par. (7) and redesignated former par. (7) as (8). Subsec. (j)(8). Pub. L. 108–203, § 105(a)(1), redesignated par. (7) as (8). Former par. (8) redesignated (9). Pub. L. 108–203, § 101(a)(2), added par. (8). Subsec. (j)(9). Pub. L. 108–203, § 105(a)(1), redesignated par. (8) as (9). Former par. (9) redesignated (10). Pub. L. 108–203, § 102(a)(1)(D), added par. (9). Subsec. (j)(10). Pub. L. 108–203, § 105(a)(1), redesignated par. (9) as (10). 2002—Subsec. (r)(8). Pub. L. 107–252 added par. (8). 2001—Subsec. (i). Pub. L. 107–90 inserted ‘‘(or five or more years of service, all of which accrues after Decem- ber 31, 1995)’’ after ‘‘ten years of service’’. 1999—Subsec. (j)(1)(A). Pub. L. 106–169, § 251(b)(2)(A), inserted ‘‘1007 or’’ before ‘‘1383(a)(2)’’. Subsec. (j)(2)(B)(i)(I). Pub. L. 106–169, § 251(b)(2)(B), in- serted ‘‘, subchapter VIII,’’ before ‘‘or subchapter XVI’’. Subsec. (j)(2)(B)(i)(III). Pub. L. 106–169, § 251(b)(2)(C), inserted ‘‘, 1011,’’ before ‘‘or 1383a’’. Subsec. (j)(2)(B)(i)(IV). Pub. L. 106–169, § 251(b)(2)(D), inserted ‘‘, the designation of such person as a rep- resentative payee has been revoked pursuant to section 1007(a) of this title,’’ before ‘‘or payment of benefits’’ and ‘‘, subchapter VIII,’’ before ‘‘or subchapter XVI’’. Subsec. (j)(2)(B)(ii)(I). Pub. L. 106–169, § 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,’’ before ‘‘or subchapter XVI’’. Subsec. (j)(2)(B)(ii)(II). Pub. L. 106–169, § 251(b)(2)(F), inserted ‘‘, 1011,’’ before ‘‘or 1383a’’. Subsec. (j)(2)(C)(i)(II). Pub. L. 106–169, § 251(b)(2)(G), inserted ‘‘, the designation of such person as a rep- resentative 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, § 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, § 251(b)(2)(I), inserted ‘‘1007 or’’ before ‘‘1383(a)(2)’’. Subsec. (j)(4)(B)(i). Pub. L. 106–169, § 251(b)(2)(J), in- serted ‘‘1007 or’’ before ‘‘1383(a)(2)’’. 1997—Subsec. (c)(2)(B)(ii). Pub. L. 105–34, § 1090(b)(1)(A), inserted at end ‘‘With respect to an ap- plication 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 infor- mation described in subparagraph (C)(ii).’’ Subsec. (c)(2)(C)(ii). Pub. L. 105–34, § 1090(b)(1)(B), in- serted ‘‘the Commissioner of Social Security and’’ after ‘‘available to’’ in second sentence. Subsec. (c)(2)(H). Pub. L. 105–34, § 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 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, § 105(a)(2)(A), amend- ed subpar. (B) generally. Prior to amendment, subpar. (B) read as follows: ‘‘In the case of an individual enti- tled 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 sub- chapter. 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 enti- tlement, 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 re- quired to make a certification of payment of such indi- vidual’s benefits to a representative payee.’’ Subsec. (j)(2)(C)(v). Pub. L. 104–121, § 105(a)(2)(B), sub- stituted ‘‘described in paragraph (1)(B)’’ for ‘‘entitled to benefits based on disability, if alcoholism or drug ad- diction is a contributing factor material to the Com- missioner’s determination that the individual is under a disability’’. Subsec. (j)(2)(D)(ii)(II). Pub. L. 104–121, § 105(a)(2)(C), substituted ‘‘described in paragraph (1)(B).’’ for ‘‘(if al- coholism or drug addiction is a contributing factor ma- terial to the Commissioner’s determination that the in- dividual 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, § 105(a)(2)(D), substituted ‘‘described in paragraph (1)(B)’’ for ‘‘enti- tled 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, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (b)(1), (2). Pub. L. 103–296, § 107(a)(4), sub- stituted wherever appearing ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’, ‘‘Commissioner’s’’ for ‘‘Sec- retary’s’’, ‘‘the Commissioner may’’ for ‘‘he may’’, ‘‘the Commissioner shall’’ for ‘‘he shall’’, and ‘‘the Commis- sioner’s’’ for ‘‘his’’ except in the phrase ‘‘his or her rights’’. Subsec. (b)(3)(A). Pub. L. 103–296, § 321(a)(7), realigned margin. Subsec. (b)(3)(B). Pub. L. 103–296, § 321(a)(7), realigned margin. Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (c)(1)(D)(i). Pub. L. 103–296, § 321(c)(6)(B), sub- stituted ‘‘Code of 1986’’ for ‘‘Code of 1954’’. Subsec. (c)(2)(A). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ in two places and ‘‘the Commissioner deems’’ for ‘‘he deems’’. Subsec. (c)(2)(B)(i). Pub. L. 103–296, § 304(a)(1), sub- stituted ‘‘(F)’’ for ‘‘(E)’’ in introductory provisions. Pub. L. 103–296, § 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 appear- ing. Subsec. (c)(2)(B)(ii). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’. Subsec. (c)(2)(B)(iii). Pub. L. 103–296, § 321(a)(8), sub- stituted ‘‘nonpublic’’ for ‘‘non-public’’. Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (c)(2)(C)(i), (ii). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ wherever appearing. Subsec. (c)(2)(C)(iii). Pub. L. 103–296, § 321(a)(9)(B), re- designated the cl. (iii) as added by Pub. L. 101–624, § 2201(b)(3), as cl. (iv). Pub. L. 103–296, § 316(a), amended cl. (iii) as added by Pub. L. 101–624, § 1735(a)(3), by inserting subcl. (I) des- ignation before ‘‘In the administration’’ and by sub- Page 1924 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 stituting subcls. (II) to (IV) for ‘‘The Secretary of Agri- culture shall restrict, to the satisfaction of the Sec- retary 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 so- cial security account numbers.’’ Subsec. (c)(2)(C)(iii)(III), (IV). Pub. L. 103–296, § 107(a)(1), in cl. (iii) as amended by Pub. L. 103–296, § 316(a), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary of Health and Human Services’’. Subsec. (c)(2)(C)(iv). Pub. L. 103–296, § 321(a)(9)(B), re- designated the cl. (iii) as added by Pub. L. 101–624, § 2201(b)(3), as cl. (iv). Former cl. (iv) redesignated (v). Pub. L. 103–296, § 107(a)(1), in cl. (iv) as redesignated by Pub. L. 103–296, § 321(a)(9)(B), substituted ‘‘Commis- sioner of Social Security’’ for ‘‘Secretary of Health and Human Services’’ in two places. Subsec. (c)(2)(C)(v). Pub. L. 103–296, § 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, § 321(a)(9)(B), re- designated cl. (v) as (vi). Former cl. (vi) redesignated (vii). Subsec. (c)(2)(C)(vii). Pub. L. 103–296, § 321(a)(9)(B), re- designated cl. (vi) as (vii). Former cl. (vii) added by Pub. L. 101–624, § 1735(b), redesignated (viii). Pub. L. 103–296, § 321(a)(9)(A), struck out cl. (vii) added by Pub. L. 101–624, § 2201(c), which was substantially identical to the cl. (vii) added by Pub. L. 101–624, § 1735(b). Subsec. (c)(2)(C)(viii). Pub. L. 103–296, § 321(a)(9)(B), (D), redesignated the cl. (vii) added by Pub. L. 101–624, § 1735(b), as (viii) and inserted ‘‘a social security ac- count number or’’ before ‘‘a request for’’ in subcl. (IV). Subsec. (c)(2)(C)(ix). Pub. L. 103–296, § 318, added cl. (ix). Pub. L. 103–296, § 107(a)(1), amended cl. (ix) as added by Pub. L. 103–296, § 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, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (c)(2)(E). Pub. L. 103–296, § 304(a)(3), added sub- par. (E). Former subpar. (E) redesignated (F). Pub. L. 103–296, § 107(a)(4), in subpar. (E) added by Pub. L. 103–296, § 304(a)(3), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (c)(2)(F), (G). Pub. L. 103–296, § 304(a)(2), redes- ignated subpars. (E) and (F) as (F) and (G), respec- tively. Pub. L. 103–296, § 107(a)(4), in subpars. (F) and (G) as redesignated by Pub. L. 103–296, § 304(a)(2), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing. Subsec. (c)(3). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner’s’’ for ‘‘Secretary’s’’ and ‘‘Commis- sioner of Social Security’’ for ‘‘Secretary’’. Subsec. (c)(4). Pub. L. 103–296, § 107(a)(4), in introduc- tory provisions, substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ and substituted ‘‘the Com- missioner’s’’ for ‘‘his’’ wherever appearing, in subpars. (A) and (B), substituted ‘‘Commissioner’s’’ for ‘‘Sec- retary’s’’, and in subpar. (C), substituted ‘‘Commis- sioner’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, § 107(a)(4), in introduc- tory provisions substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ and substituted ‘‘the Com- missioner’s’’ for ‘‘his’’ in two places. Subsec. (c)(5)(B). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner’s’’ for ‘‘Secretary’s’’ in two places. Subsec. (c)(5)(F). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘the Commissioner’s’’ for ‘‘his’’ in introduc- tory provisions, ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ in cl. (ii), and ‘‘Commissioner’s’’ for ‘‘Sec- retary’s’’ in closing provisions. Subsec. (c)(5)(F)(i). Pub. L. 103–296, § 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, § 107(a)(4), substituted ‘‘Commissioner of Social Secu- rity’’ 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, § 206(a)(1)(B), added par. (8). Former par. (8) redesignated (9). Subsec. (c)(9). Pub. L. 103–296, § 206(a)(1)(A), redesig- nated par. (8) as (9). Pub. L. 103–296, § 107(a)(4), in par. (9) as redesignated by Pub. L. 103–296, § 206(a)(1)(A), substituted ‘‘Commis- sioner of Social Security’’ for ‘‘Secretary’’. Subsec. (d). Pub. L. 103–296, § 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, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (g). Pub. L. 103–296, § 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, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing. Subsec. (i). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing and ‘‘Commissioner’s’’ for ‘‘Sec- retary’s’’. Subsec. (j). Pub. L. 103–296, § 321(a)(10), made technical amendment to heading. Subsec. (j)(1). Pub. L. 103–296, § 201(a)(1)(A), designated existing provisions as subpar. (A), in last sentence in- serted ‘‘, if the interest of the individual under this subchapter would be served thereby,’’ after ‘‘payee or’’, and added subpar. (B). Pub. L. 103–296, § 107(a)(4), in par. (1) as amended by Pub. L. 103–296, § 201(a)(1)(A), substituted ‘‘Commis- sioner 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, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing. Subsec. (j)(2)(C)(v). Pub. L. 103–296, § 201(a)(2)(A), added cl. (v). Pub. L. 103–296, § 107(a)(4), in cl. (v) as added by Pub. L. 103–296, § 201(a)(2)(A), substituted ‘‘Commissioner’s’’ for ‘‘Secretary’s’’ in introductory provisions and ‘‘Com- missioner of Social Security’’ for ‘‘Secretary’’ in subcl. (IV) and closing provisions. Subsec. (j)(2)(D)(i). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ in two places. Subsec. (j)(2)(D)(ii)(II). Pub. L. 103–296, § 201(a)(1)(B), substituted ‘‘, under the age of 15 years, or (if alco- holism or drug addiction is a contributing factor mate- rial to the Secretary’s determination that the indi- vidual 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, § 107(a)(4), in subcl. (II) as amended by Pub. L. 103–296, § 201(a)(1)(B), substituted ‘‘Commis- sioner’s’’ for ‘‘Secretary’s’’ in two places. Subsec. (j)(2)(D)(iii), (E), (3)(A), (B), (D), (E). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing and Page 1925 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 ‘‘Commissioner’s’’ for ‘‘Secretary’s’’ in par. (2)(E)(i) and (ii). Subsec. (j)(4)(A). Pub. L. 103–296, § 201(a)(2)(B)(i), des- ignated existing provisions as cl. (i), redesignated former cls. (i) and (ii) as subcls. (I) and (II), respec- tively, 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 mul- tiple of $1.00 shall be rounded to the nearest multiple of $1.00.’’ before ‘‘Any agreement’’ in concluding provi- sions, and added cl. (ii). Pub. L. 103–296, § 107(a)(4), in subpar. (A) as amended by Pub. L. 103–296, § 201(a)(2)(B)(i), substituted ‘‘Com- missioner’s’’ for ‘‘Secretary’s’’ and ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (j)(4)(B). Pub. L. 103–296, § 201(a)(2)(B)(ii), in introductory provisions, inserted ‘‘State or local gov- ernment agency whose mission is to carry out income maintenance, social service, or health care-related ac- tivities, any State or local government agency with fi- duciary responsibilities, or any’’ after ‘‘means any’’, substituted ‘‘representative payee, if such agency,’’ for ‘‘representative payee and which,’’, substituted a pe- riod 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, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appear- ing. Subsec. (j)(4)(D). Pub. L. 103–296, § 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, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ wherever appearing. Subsec. (j)(6). Pub. L. 103–296, § 321(f)(2)(A), made tech- nical correction to Pub. L. 101–508, § 5105(d)(1)(A). See 1990 Amendment note below. Pub. L. 103–296, § 107(a)(4), in par. (6) as amended by Pub. L. 103–296, § 321(f)(2)(A), substituted ‘‘Commis- sioner of Social Security’’ for ‘‘Secretary’’ wherever appearing. Subsec. (j)(7). Pub. L. 103–296, § 201(a)(2)(C), added par. (7). Subsec. (k). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’. Subsec. (l). Pub. L. 103–296, § 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, § 107(a)(4), substituted ‘‘Commissioner of Social Security may, in the Commis- sioner’s discretion’’ for ‘‘Secretary may, in his discre- tion’’. Subsec. (p)(1), (2). Pub. L. 103–296, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ 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, § 107(a)(4), sub- stituted ‘‘Commissioner of Social Security’’ for ‘‘Sec- retary’’ 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, § 321(a)(11), made tech- nical amendment to heading. Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ in two places in in- troductory provisions. Subsec. (t). Pub. L. 103–296, § 107(a)(4), substituted ‘‘Commissioner of Social Security’’ for ‘‘Secretary’’ in closing provisions. Subsec. (u). Pub. L. 103–296, § 206(d)(1), added subsec. (u). Pub. L. 103–296, § 107(a)(4), in subsec. (u) added by Pub. L. 103–296, § 206(d)(1), substituted ‘‘Commissioner of So- cial Security’’ for ‘‘Secretary’’ wherever appearing. 1990—Subsec. (b)(3). Pub. L. 101–508, § 5107(a)(1), added par. (3). Subsec. (c)(2)(C). Pub. L. 101–624, §§ 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 § 1735 of Pub. L. 101–624, are set out first and cls. (iii) and (vii), as added by § 2201 of Pub. L. 101–624, are set out second. Subsec. (j). Pub. L. 101–508, § 5105(a)(1)(A), inserted heading ‘‘Representative payees’’. Subsec. (j)(1). Pub. L. 101–508, § 5105(a)(1)(A), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘When it appears to the Secretary that the in- terest 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 pay- ment to such applicant, or for his use and benefit to a relative or some other person.’’ Subsec. (j)(2). Pub. L. 101–508, § 5105(a)(2)(A)(i), amend- ed 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 enti- tled to such payment must be made on the basis of an investigation, carried out either prior to such certifi- cation or within forty-five days after such certifi- cation, 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 cer- tifications are adequately reviewed.’’ Subsec. (j)(3)(B), (C). Pub. L. 101–508, § 5105(b)(1)(A)(i), (ii), redesignated subpars. (C) and (D) as (B) and (C), re- spectively, 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 par- ent or spouse to verify on a periodic basis that such parent or spouse continues to live in the same house- hold as such individual.’’ Subsec. (j)(3)(D). Pub. L. 101–508, § 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, § 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, § 5105(a)(3)(A)(i), added par. (4). Former par. (4) redesignated (5). Subsec. (j)(5). Pub. L. 101–508, § 5105(c)(1), added par. (5) relating to negligent failure of the Secretary to in- vestigate or monitor. Former par. (5), relating to an- nual report, redesignated (6). Pub. L. 101–508, § 5105(a)(3)(A)(i), redesignated par. (4), relating to annual report, as (5). Subsec. (j)(6). Pub. L. 101–508, § 5105(d)(1)(A), as amended by Pub. L. 103–296, § 321(f)(2)(A), amended par. (6) generally. Prior to amendment, par. (6) read as fol- lows: ‘‘(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 an- nual report required under section 904 of this title, in- formation with respect to the implementation of para- graphs (2) and (3), including the number of cases in which the payee was changed, the number of cases dis- covered where there has been a misuse of funds, how any such cases were dealt with by the Secretary, the Page 1926 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 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, § 5105(c)(1), redesignated par. (5), re- lating to annual report, as (6). Subsec. (s). Pub. L. 101–508, § 5109(a)(1), added subsec. (s). 1989—Subsec. (c)(5)(H). Pub. L. 101–239, § 10304, struck out ‘‘if there is an absence of an entry in the Sec- retary’s records of wages having been paid by such em- ployer to such individual in such period’’ before semi- colon at end. Subsec. (t). Pub. L. 101–239, § 10303(a), added subsec. (t). 1988—Subsec. (c)(2)(B)(i). Pub. L. 100–647, § 8009(a)(1), inserted ‘‘and subparagraph (E)’’ after ‘‘subparagraph (A)’’. Subsec. (c)(2)(C)(i). Pub. L. 100–485, § 125(a)(1), des- ignated existing provisions as subcl. (I) and added subcl. (II). Subsec. (c)(2)(C)(ii). Pub. L. 100–485, § 125(a)(2), sub- stituted ‘‘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, § 8016(a)(1), sub- stituted ‘‘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, § 8008(a)(2), added subpar. (D). Former subpar. (D) redesignated (E). Subsec. (c)(2)(E). Pub. L. 100–647, § 8009(a)(3), added subpar. (E). Former subpar. (E) redesignated (F). Pub. L. 100–647, § 8008(a)(1), redesignated former sub- par. (D) as (E). Subsec. (c)(2)(F). Pub. L. 100–647, § 8009(a)(2), redesig- nated former subpar. (E) as (F). Subsec. (p)(1). Pub. L. 100–647, § 8015(a)(1), substituted ‘‘the Secretary shall not make determinations as to the amounts of remuneration for such service, or the peri- ods 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 pro- visions 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 serv- ice constitutes employment, the periods of such em- ployment, and whether remuneration paid for any such service constitutes wages.’’ 1986—Subsec. (c)(1)(D)(i). Pub. L. 99–509, § 9002(c)(2)(A), inserted ‘‘(as in effect prior to December 31, 1986)’’. Subsec. (c)(5)(F)(iii). Pub. L. 99–509, § 9002(c)(2)(B), in- serted ‘‘(as in effect prior to December 31, 1986)’’ and ‘‘(as so in effect)’’. 1984—Subsec. (c)(5)(D). Pub. L. 98–369, § 2663(a)(4)(A), inserted ‘‘of 1937 or 1974’’ after ‘‘Railroad Retirement Act’’ in two places. Subsec. (c)(5)(I). Pub. L. 98–369, § 2663(a)(4)(B), inserted ‘‘or section 7(b)(7) of the Railroad Retirement Act of 1974’’. Subsec. (e). Pub. L. 98–369, § 2663(a)(4)(C), substituted ‘‘an order’’ for ‘‘on order’’. Subsec. (h). Pub. L. 98–369, § 2663(a)(4)(D), substituted ‘‘section 1331 or 1346 of title 28’’ for ‘‘section 24 of the Judicial Code of the United States’’. See Codification note above. Subsec. (i). Pub. L. 98–369, § 2663(a)(4)(E), substituted ‘‘the Fiscal Service of the Department of the Treasury’’ for ‘‘the Division of Disbursement of the Treasury De- partment’’. Subsec. (j). Pub. L. 98–460 designated existing provi- sions as par. (1) and added pars. (2) to (4). Subsec. (l). Pub. L. 98–369, § 2663(j)(4), substituted ‘‘De- partment of Health and Human Services’’ for ‘‘Federal Security Agency’’. Subsec. (p)(1). Pub. L. 98–369, § 2663(a)(4)(F), sub- stituted ‘‘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, § 2661(h)(1), substituted ‘‘subparagraphs (A) and (B) of paragraph (3)’’ for ‘‘para- graph (3)(A) and (B)’’. Subsec. (r)(7). Pub. L. 98–369, § 2661(h)(2), substituted ‘‘this Act’’ for ‘‘the Act’’ which was translated as ‘‘this title’’. 1983—Subsec. (b). Pub. L. 98–21, §§ 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, §§ 301(d)(2), 309(i)(2), in- serted ‘‘surviving divorced husband,’’ after ‘‘wife,’’ and ‘‘surviving divorced father,’’ after ‘‘surviving divorced mother,’’. Subsec. (c)(2)(D). Pub. L. 98–21, § 345(a), added subpar. (D). Subsec. (r). Pub. L. 98–21, § 336, added subsec. (r). 1980—Subsec. (b). Pub. L. 96–265, § 305(a), inserted pro- visions relating to the information that must accom- pany a decision by the Secretary. Subsec. (g). Pub. L. 96–265, § 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 be- fore he files his answer, remand the case to the Sec- retary for further action by the Secretary, and may, at any time, on good cause shown, order additional evi- dence to be taken before the Secretary,’’. 1978—Subsec. (p)(3). Pub. L. 95–600 substituted ‘‘Sec- retary of Transportation’’ for ‘‘Secretary of the Treas- ury’’ in two places. 1977—Subsec. (c)(1)(A). Pub. L. 95–216, § 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, § 353(f)(2)(B), added subpar. (D). Subsec. (o). Pub. L. 95–216, § 353(f)(2)(C), inserted ‘‘be- fore 1978’’ after ‘‘calendar year’’. 1976—Subsec. (b). Pub. L. 94–202 substituted provi- sions 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 au- thorized the Secretary to prescribe by regulation the period within which to file a request, including the lim- itation 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, § 302(a), inserted par- enthetical provision covering service under the Rail- road Retirement Acts of 1937 and 1974 and certification to the Railroad Retirement Board and payment on be- half of the Managing Trustee in accordance with the provisions of the Railroad Retirement Act of 1974. Subsec. (o). Pub. L. 93–445, § 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, § 171(a), added subsec. (q). Page 1927 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 1965—Subsec. (b). Pub. L. 89–97, § 308(d)(9), substituted in second sentence ‘‘wife, divorced wife, widow, sur- viving divorced wife, surviving divorced mother,’’ for ‘‘wife, widow, former wife divorced,’’. Subsec. (c)(1)(C). Pub. L. 89–97, § 308(d)(10), substituted ‘‘surviving divorced wife, surviving divorced mother,’’ for ‘‘former wife divorced,’’. Subsec. (n). Pub. L. 89–97, § 330, provided that Sec- retary 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 deter- minations 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, § 102(f)(2), au- thorized 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 allow- ances of credits or refunds of overpayments by a State under an agreement pursuant to such section, and in- serted 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, § 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, § 103(j)(2)(E), substituted ‘‘subsection (l)(1)’’ for ‘‘subsection (m)(1)’’. 1956—Subsec. (b). Act Aug. 1, 1956, ch. 836, § 111(a), re- quired requests with respect to decisions to be filed within such period as the Secretary prescribes by regu- lation, 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, § 107(b), sub- stituted ‘‘three months’’ for ‘‘two months’’. Subsec. (c)(5)(F). Act Aug. 1, 1956, ch. 836, § 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 erro- neously 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, § 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, § 101(a)(5), sub- stituted ‘‘section 410(a)(9)’’ for ‘‘section 410(a)(10)’’. Subsec. (p)(3). Act Sept. 1, 1954, § 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 ‘‘sub- section (a) or (e) of section 417 of this title’’ for ‘‘sec- tion 417(a) of this title’’. 1950—Act Aug. 28, 1950, § 109(b)(1), substituted ‘‘Ad- ministrator’’ for ‘‘Board’’, ‘‘Administrator’s’’ for ‘‘Board’s’’, ‘‘he’’, ‘‘him’’, and ‘‘his’’ for ‘‘it’’, and ‘‘its’’, wherever appearing. Subsec. (b). Act Aug. 28, 1950, § 108(a), inserted ‘‘former wife divorced, husband, widower,’’ after ‘‘widow’’. Subsec. (c). Act Aug. 28, 1950, § 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 re- quirement that written notice of any deletion or reduc- tion of wages be given to the individual whose record is involved, to give the Administrator discretion to pre- scribe 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, § 109(b)(2), amended sub- sec. (l) generally. Subsecs. (o), (p). Act Aug. 28, 1950, § 108(c), added sub- secs. (o) and (p). 1939—Act Aug. 10, 1939, omitted former section 405 re- lating to payments of $500 or less to estates, and added subsecs. (a) to (n). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2020 AMENDMENT Pub. L. 116–260, div. FF, title VIII, § 801(b), Dec. 27, 2020, 134 Stat. 3203, provided that: ‘‘(1) IN GENERAL.—Subject to paragraph (2), the amendments made by this section [amending this sec- tion] shall take effect on the date of enactment of this Act [Dec. 27, 2020]. ‘‘(2) DELAY.—The amendment made by paragraph (7) of subsection (a) [enacting subsec. (r)(11)] shall take ef- fect on the date that is 3 years after the date of enact- ment of this Act.’’ EFFECTIVE DATE OF 2018 AMENDMENT Pub. L. 115–165, title I, § 102(d), Apr. 13, 2018, 132 Stat. 1261, provided that: ‘‘The amendments made by this section [amending this section and sections 1007 and 1383 of this title] shall take effect on the date of the en- actment of this Act [Apr. 13, 2018].’’ Pub. L. 115–165, title I, § 103(a)(4), Apr. 13, 2018, 132 Stat. 1262, provided that: ‘‘(A) IN GENERAL.—The amendments made by this subsection [amending this section and section 671 of this title] shall apply with respect to months beginning on or after the date that is 1 year after the date of the enactment of this Act [Apr. 13, 2018]. ‘‘(B) EXCEPTION IF STATE LEGISLATION REQUIRED.—In the case of a State plan under part E of title IV of the Social Security Act [42 U.S.C. 670 et seq.] that the Sec- retary of Health and Human Services determines re- quires State legislation (other than legislation appro- priating funds) in order for the plan to meet the addi- tional requirement imposed by the amendments made under this subsection, such plan shall not be regarded as failing to comply with the requirements of such title [42 U.S.C. 601 et seq.] solely on the basis of its failure to meet this additional requirement before the first day of the first calendar quarter beginning after the close of the first regular session of the State legislature that begins after the date of the enactment of this Act. For purposes of the previous sentence, in the case of a State that has a 2-year legislative session, each year of such session shall be deemed to be a separate regular session of the State legislature.’’ Pub. L. 115–165, title II, § 201(b), Apr. 13, 2018, 132 Stat. 1266, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall take effect on the date that is 2 years after the date of the enactment of this section [Apr. 13, 2018].’’ Pub. L. 115–165, title II, § 202(d), Apr. 13, 2018, 132 Stat. 1271, provided that: ‘‘Subject to subsection (e) [set out as a note under this section], the amendments made by subsections (a), (b), and (c) [amending this section and sections 1007 and 1383 of this title] shall apply with re- spect to any individual appointed to serve as a rep- resentative payee pursuant to section 205(j), 807, or 1631(a)(2) of the Social Security Act [42 U.S.C. 405(j), 1007, 1383(a)(2)] on or after January 1, 2019.’’ Pub. L. 115–165, title II, § 203(d), Apr. 13, 2018, 132 Stat. 1273, provided that: Page 1928 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 ‘‘(1) NEW APPOINTMENTS.—Subject to paragraph (2), the amendments made by this section [amending this section and sections 1007 and 1383 of this title] shall apply with respect to any individual appointed to serve as a representative payee under title II, title VIII, or title XVI of the Social Security Act [42 U.S.C. 401 et seq., 1001 et seq., 1381 et seq.] on or after January 1, 2019. ‘‘(2) PRIOR APPOINTMENTS.—With respect to individ- uals serving as a representative payee whose benefits under this title [probably means title II], title VIII, or title XVI [42 U.S.C. 401 et seq., 1001 et seq., 1381 et seq.] are certified for payment to another representative payee as of January 1, 2019, the Commissioner shall take any steps necessary to terminate such individual’s service as a representative payee as soon as possible, but no later than January 1, 2024.’’ EFFECTIVE DATE OF 2015 AMENDMENT Pub. L. 114–10, title V, § 501(d), Apr. 16, 2015, 129 Stat. 164, provided that: ‘‘(1) IN GENERAL.—Clause (xiii) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by subsection (a)(3), shall apply with respect to Medicare cards issued on and after an effective date specified by the Secretary of Health and Human Serv- ices, but in no case shall such effective date be later than the date that is four years after the date of the en- actment of this Act [Apr. 16, 2015]. ‘‘(2) REISSUANCE.—The Secretary shall provide for the reissuance of Medicare cards that comply with the re- quirements of such clause not later than four years after the effective date specified by the Secretary under paragraph (1).’’ EFFECTIVE DATE OF 2010 AMENDMENT Pub. L. 111–318, § 2(a)(2), Dec. 18, 2010, 124 Stat. 3455, provided that: ‘‘The amendment made by this sub- section [amending this section] shall apply with re- spect to checks issued after the date that is 3 years after the date of enactment of this Act [Dec. 18, 2010].’’ Pub. L. 111–318, § 2(b)(2), Dec. 18, 2010, 124 Stat. 3455, provided that: ‘‘The amendment made by this sub- section [amending this section] shall apply with re- spect to employment of prisoners, or entry into con- tract with prisoners, after the date that is 1 year after the date of enactment of this Act [Dec. 18, 2010].’’ EFFECTIVE DATE OF 2008 AMENDMENT Amendment of this section and repeal of Pub. L. 110–234 by Pub. L. 110–246 effective May 22, 2008, the date of enactment of Pub. L. 110–234, except as other- wise provided, see section 4 of Pub. L. 110–246, set out as an Effective Date note under section 8701 of Title 7, Agriculture. Amendment by section 4002(b)(1)(B), (2)(V) of Pub. L. 110–246 effective Oct. 1, 2008, see section 4407 of Pub. L. 110–246, set out as a note under section 1161 of Title 2, The Congress. EFFECTIVE DATE OF 2004 AMENDMENTS Pub. L. 108–458, title VII, § 7214(b), Dec. 17, 2004, 118 Stat. 3832, provided that: ‘‘The amendment made by subsection (a)(2) [amending this section] shall apply with respect to licenses, registrations, and identifica- tion cards issued or reissued 1 year after the date of en- actment of this Act [Dec. 17, 2004].’’ Amendment by Pub. L. 108–458 effective Dec. 17, 2004, notwithstanding any other provision of such Act, see section 7219 of Pub. L. 108–458, set out as a note under section 1202 of Title 8, Aliens and Nationality. Pub. L. 108–203, title I, § 101(d), Mar. 2, 2004, 118 Stat. 497, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 1007, 1382b, and 1383 of this title] shall apply to any case of benefit misuse by a representative payee with respect to which the Commissioner of Social Security makes the deter- mination of misuse on or after January 1, 1995.’’ Pub. L. 108–203, title I, § 102(a)(3), Mar. 2, 2004, 118 Stat. 498, provided that: ‘‘The amendments made by this subsection [amending this section and section 1383 of this title] shall take effect on the first day of the thirteenth month beginning after the date of the enact- ment of this Act [Mar. 2, 2004].’’ Pub. L. 108–203, title I, § 103(d), Mar. 2, 2004, 118 Stat. 503, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 1007 and 1383 of this title] shall take effect on the first day of the thirteenth month beginning after the date of the enact- ment of this Act [Mar. 2, 2004].’’ Pub. L. 108–203, title I, § 104(c), Mar. 2, 2004, 118 Stat. 504, provided that: ‘‘The amendments made by this sec- tion [amending this section and section 1383 of this title] shall apply to any month involving benefit mis- use by a representative payee in any case with respect to which the Commissioner of Social Security or a court of competent jurisdiction makes the determina- tion of misuse after 180 days after the date of the enact- ment of this Act [Mar. 2, 2004].’’ Pub. L. 108–203, title I, § 105(d), Mar. 2, 2004, 118 Stat. 505, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 1007 and 1383 of this title] shall apply to benefit misuse by a rep- resentative payee in any case with respect to which the Commissioner of Social Security or a court of com- petent jurisdiction makes the determination of misuse after 180 days after the date of the enactment of this Act [Mar. 2, 2004].’’ Pub. L. 108–203, title I, § 106(d), Mar. 2, 2004, 118 Stat. 506, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 1007 and 1383 of this title] shall take effect 180 days after the date of the enactment of this Act [Mar. 2, 2004].’’ Pub. L. 108–203, title IV, § 411(b), Mar. 2, 2004, 118 Stat. 527, provided that: ‘‘The amendment made by this sec- tion [amending this section] shall apply with respect to final determinations issued (upon remand) on or after the date of the enactment of this Act [Mar. 2, 2004].’’ EFFECTIVE DATE OF 2001 AMENDMENT Pub. L. 107–90, title I, § 103(j), Dec. 21, 2001, 115 Stat. 882, provided that: ‘‘The amendments made by this sec- tion [amending this section and sections 231a to 231f, 231q, and 231r of Title 45, Railroads] shall take effect on January 1, 2002.’’ EFFECTIVE DATE OF 1997 AMENDMENT Pub. L. 105–34, title X, § 1090(b)(2), Aug. 5, 1997, 111 Stat. 962, 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 accel- erate such date, rules relating to claims, actions, and proceedings commenced before such date, rules relating to closing out of accounts for terminated or substan- tially 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. Pub. L. 104–121, title I, § 105(a)(5), Mar. 29, 1996, 110 Stat. 853, as amended by Pub. L. 106–170, title IV, § 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 fi- nally adjudicated with respect to, benefits under title II of the Social Security Act [42 U.S.C. 401 et seq.] based on disability on or after the date of the enact- Page 1929 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 ment 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 be- ginning 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 in- dividual— ‘‘(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 sub- paragraph (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 amend- ments made by this subsection [amending this section and sections 422, 423, and 425 of this title]. If such an in- dividual 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 redetermina- tion (including a new medical determination) with re- spect 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 consid- ered to be finally adjudicated before such date if, on or after such date— ‘‘(i) there is pending a request for either adminis- trative 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 Secu- rity pursuant to relief in a class action or implemen- tation by the Commissioner of a court remand order. ‘‘(E) Notwithstanding the provisions of this para- graph, 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 con- tinuing 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) [42 U.S.C. 423(f)] shall not apply to such redetermination.’’ [Pub. L. 106–170, title IV, § 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. Pub. L. 103–296, title II, § 201(a)(1)(D), Aug. 15, 1994, 108 Stat. 1491, 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 [42 U.S.C. 405(j)(7)], 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 contrib- uting 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.’’ Pub. L. 103–296, title II, § 201(a)(2)(B)(iii), Aug. 15, 1994, 108 Stat. 1493, provided that the amendment made by that section is effective July 1, 1994. Pub. L. 103–296, title II, § 201(a)(2)(D), Aug. 15, 1994, 108 Stat. 1494, provided that: ‘‘Except as provided in sub- paragraph (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].’’ Pub. L. 103–296, title II, § 206(a)(3), Aug. 15, 1994, 108 Stat. 1509, 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.’’ Pub. L. 103–296, title II, § 206(d)(3), Aug. 15, 1994, 108 Stat. 1515, 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.’’ Pub. L. 103–296, title III, § 304(c), Aug. 15, 1994, 108 Stat. 1521, 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 enact- ment of this Act [Aug. 15, 1994].’’ Pub. L. 103–296, title III, § 321(f)(5), Aug. 15, 1994, 108 Stat. 1542, 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 Rec- onciliation 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 judg- ments made after 180 days after the date of the enact- ment 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 sec- tion 1781(a) of Pub. L. 101–624, set out as a note under section 2012 of Title 7, Agriculture. Pub. L. 101–508, title V, § 5105(a)(5), Nov. 5, 1990, 104 Stat. 1388–262, provided that: ‘‘(A) USE AND SELECTION OF REPRESENTATIVE PAY- EES.—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 [42 U.S.C. 401 et seq.] to representative payees made on or after such date; and ‘‘(ii) provisions for payment of benefits under title XVI of such Act [42 U.S.C. 1381 et seq.] to representa- tive payees made on or after such date. ‘‘(B) COMPENSATION OF REPRESENTATIVE PAYEES.—The amendments made by paragraph (3) [amending this sec- tion and section 1383 of this title] shall take effect July 1, 1991, and the Secretary of Health and Human Serv- ices shall prescribe initial regulations necessary to carry out such amendments not later than such date.’’ Page 1930 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 Pub. L. 101–508, title V, § 5105(b)(1)(B), Nov. 5, 1990, 104 Stat. 1388–263, 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 nec- essary to ensure that the requirements of section 205(j)(3)(E) of the Social Security Act [42 U.S.C. 405(j)(3)(E)] (as amended by subparagraph (A) of this paragraph) are satisfied as of such date.’’ Pub. L. 101–508, title V, § 5105(d)(2), Nov. 5, 1990, 104 Stat. 1388–266, provided that: ‘‘The amendments made by paragraph (1) [amending this section and section 1383 of this title] shall apply with respect to annual re- ports issued for years after 1991.’’ Pub. L. 101–508, title V, § 5107(b), Nov. 5, 1990, 104 Stat. 1388–269, provided that: ‘‘The amendments made by this section [amending this section and section 1383 of this title] shall apply with respect to adverse determina- tions made on or after July 1, 1991.’’ Pub. L. 101–508, title V, § 5109(b), Nov. 5, 1990, 104 Stat. 1388–271, 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 Pub. L. 101–239, title X, § 10303(c), Dec. 19, 1989, 103 Stat. 2483, 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 So- cial Security Administration on or after January 1, 1990.’’ EFFECTIVE DATE OF 1988 AMENDMENTS Pub. L. 100–647, title VIII, § 8009(b), Nov. 10, 1988, 102 Stat. 3787, provided that: ‘‘The amendments made by this section [amending this section] shall apply to ben- efits entitlement to which commences after the sixth month following the month in which this Act is en- acted [November 1988].’’ Amendment by section 8015(a)(1) of Pub. L. 100–647 ap- plicable to determinations relating to service com- menced 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 ef- fective 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 Secu- rity 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. Pub. L. 100–485, title I, § 125(b), Oct. 13, 1988, 102 Stat. 2354, provided that: ‘‘The amendments made by sub- section (a) [amending this section] shall become effec- tive 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 sec- tion 9002(d) of Pub. L. 99–509 set out as a note under sec- tion 418 of this title. EFFECTIVE DATE OF 1984 AMENDMENTS Pub. L. 98–460, § 16(d), Oct. 9, 1984, 98 Stat. 1811, pro- vided 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 sec- tions 408 and 1383a of this title], shall apply with re- spect to violations occurring on or after such date.’’ Amendment by section 2661(h) of Pub. L. 98–369 effec- tive 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 in- terpretation 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. Pub. L. 98–21, title III, § 345(b), Apr. 20, 1983, 97 Stat. 137, provided that: ‘‘The amendment made by this sec- tion [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].’’ Pub. L. 97–455, § 4(b), Jan. 12, 1983, 96 Stat. 2500, pro- vided that: ‘‘The amendments made by subsection (a) [amending this section] shall apply with respect to re- considerations (of findings described in section 205(b)(2)(B) of the Social Security Act [42 U.S.C. 405(b)(2)(B)]) 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 Pub. L. 96–265, title III, § 305(c), June 9, 1980, 94 Stat. 457, provided that: ‘‘The amendments made by this sec- tion [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 Pub. L. 94–202, § 5, Jan. 2, 1976, 89 Stat. 1136, 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 [amend- ing this section] shall apply with respect to any deci- sion 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 re- ceived, by the individual requesting the hearing in- volved, on or after the date of the enactment of this Act.’’ EFFECTIVE DATE OF 1974 AMENDMENT Pub. L. 93–445, title III, § 302(b), Jan. 2, 1976, 89 Stat. 1136, provided that: ‘‘The amendment made by this sec- Page 1931 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 tion [amending this section] shall apply only with re- spect to benefits payable to individuals who first be- come entitled to benefits under title II of the Social Se- curity Act [42 U.S.C. 401 et seq.] 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 immu- nity to which any individual is entitled under this sec- tion 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 Pub. L. 90–248, title I, § 171(b), Jan. 2, 1968, 81 Stat. 877, provided that: ‘‘The amendment made by subsection (a) of this section [amending this section] shall be effec- tive with respect to written requests filed under section 205(q) of the Social Security Act [42 U.S.C. 405(q)] 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 fol- lowing 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 estab- lished by executive order applicable with respect to service performed on or after the effective date of en- rollment, 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 effec- tive 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 ef- fective Sept. 13, 1960, see section 103(v)(1) of Pub. L. 86–778, set out as a note under section 402 of this title. Pub. L. 86–778, title VII, § 702(b), Sept. 13, 1960, 74 Stat. 993, provided that: ‘‘The amendment made by sub- section (a) [amending this section] shall apply to ac- tions which are pending in court on the date of the en- actment of this Act or are commenced after such date.’’ EFFECTIVE DATE OF 1956 AMENDMENTS Amendment by act Aug. 1, 1956, ch. 837, effective Jan. 1, 1957, see Act Aug. 1, 1956, ch. 837, title VI, § 603(a), 70 Stat. 887. Act Aug. 1, 1956, ch. 836, title I, § 111(b), 70 Stat. 831, provided that: ‘‘The amendment made by subsection (a) [amending this section] shall be effective upon enact- ment [Aug. 1, 1956]; except that the period of time pre- scribed by the Secretary pursuant to the third sentence of section 205(b) of the Social Security Act [42 U.S.C. 405(b)], 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.’’ EFFECTIVE DATE OF 1954 AMENDMENT Act Sept. 1, 1954, ch. 1206, title I, § 101(n), 68 Stat. 1061, 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 para- graphs (1), (2), and (4) of such subsection [amending sec- tion 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 [42 U.S.C. 403], 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 remu- neration 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 ef- fective January 1, 1955. The other amendments made by this section (other than the amendments made by sub- sections (h), (i), (j) and (m)[)] [amending section 410 of this title] shall be applicable only with respect to serv- ices performed after 1954. For purposes of section 203 of the Social Security Act, the amendments made by paragraphs (1), (2), and (4) of subsection (g) [amending section 411 of this title] and by subsection (d) [amend- ing section 411 of this title] shall be effective with re- spect to net earnings from self-employment derived after 1954. The amount of net earnings from self-em- ployment 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 pur- poses 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 Act Aug. 28, 1950, ch. 809, title I, § 108(d), 64 Stat. 521, 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 sec- tion] shall take effect January 1, 1951, except that, ef- fective 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 representa- tive 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 [42 U.S.C. 405(c)] as in effect prior to the enactment of this Act [Aug. 28, 1950].’’ Act Aug. 28, 1950, ch. 809, title I, § 101(b)(2), 64 Stat. 488, provided that: ‘‘Section 205(m) of the Social Secu- rity Act [42 U.S.C. 405(m)] is repealed effective with re- spect to monthly payments under section 202 of the So- cial Security Act [42 U.S.C. 402], as amended by this Act, for months after August 1950.’’ EFFECTIVE DATE OF 1939 AMENDMENT Act Aug. 10, 1939, ch. 666, title II, § 201, 53 Stat. 1362, 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, § 5(a), Sept. 13, 1966, 80 Stat. 765. Such repeal not deemed to affect amendments to this section contained in such provi- sions, and continuation in full force and effect until modified by appropriate authority of all determina- tions, 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 Inter- course. Page 1932 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 REGULATIONS Pub. L. 115–165, title II, § 201(c), Apr. 13, 2018, 132 Stat. 1266, provided that: ‘‘Not later than 18 months after the date of the enactment of this section [Apr. 13, 2018], the Commissioner of Social Security shall promulgate reg- ulations specifying the information an individual is re- quired to provide to the Commissioner in order to des- ignate another individual to serve as the individual’s representative payee under section 205(j)(1)(C) of the Social Security Act [42 U.S.C. 405(j)(1)(C)] (as added by subsection (a)).’’ Pub. L. 115–165, title II, § 202(f), Apr. 13, 2018, 132 Stat. 1272, provided that: ‘‘Not later than 1 year after the date of enactment of this section [Apr. 13, 2018], the Commissioner of Social Security shall issue regula- tions to establish a process for reviewing each indi- vidual serving as a representative payee pursuant to section 205(j), 807, or 1631(a)(2) of the Social Security Act [42 U.S.C. 405(j), 1007, 1383(a)(2)] (other than individ- uals with respect to whom an exemption has been granted under section 205(j)(2)(C)(vi), 807(d)(2)(D), or 1631(a)(2)(B)(xvii) [42 U.S.C. 405(j)(2)(C)(vi), 1007(d)(2)(D), 1383(a)(2)(B)(xvii)]) not less than once every 5 years to determine whether any such individual has been con- victed of a felony as described in subsection (e)(1) of this section.’’ CONSTRUCTION AND IMPLEMENTATION OF PROVISIONS IN PUB. L. 114–10 Pub. L. 114–10, title V, § 519, Apr. 16, 2015, 129 Stat. 175, provided that: ‘‘Except as explicitly provided in this subtitle [subtitle A (§§ 501–519) of title V of Pub. L. 114–10, amending this section and sections 1320a–7a, 1395b–7, 1395l, 1395m, 1395w–104, 1395x, 1395y, 1395kk, 1395kk–1, 1395ddd, and 1395iii of this title and enacting provisions set out as notes under this section and sec- tions 1320a–7a, 1395b–7, 1395l, 1395m, 1395y, 1395kk, and 1395kk–1 of this title], nothing in this subtitle, includ- ing the amendments made by this subtitle, shall be construed as preventing the use of notice and comment rulemaking in the implementation of the provisions of, and the amendments made by, this subtitle.’’ Pub. L. 114–10, title V, § 501(b), Apr. 16, 2015, 129 Stat. 163, provided that: ‘‘In implementing clause (xiii) of section 205(c)(2)(C) of the Social Security Act (42 U.S.C. 405(c)(2)(C)), as added by subsection (a)(3), the Sec- retary of Health and Human Services shall do the fol- lowing: ‘‘(1) IN GENERAL.—Establish a cost-effective process that involves the least amount of disruption to, as well as necessary assistance for, Medicare bene- ficiaries and health care providers, such as a process that provides such beneficiaries with access to assist- ance through a toll-free telephone number and pro- vides outreach to providers. ‘‘(2) CONSIDERATION OF MEDICARE BENEFICIARY IDEN- TIFIED.—Consider implementing a process, similar to the process involving Railroad Retirement Board beneficiaries, under which a Medicare beneficiary identifier which is not a Social Security account number (or derivative thereof) is used external to the Department of Health and Human Services and is convertible over to a Social Security account number (or derivative thereof) for use internal to such De- partment and the Social Security Administration.’’ AVAILABILITY OF GRANT FUNDS Pub. L. 115–165, title I, § 101(c), Apr. 13, 2018, 132 Stat. 1259, provided that: ‘‘(1) PROTECTION AND ADVOCACY SYSTEM GRANTS.— Grants described under clause (i) of subparagraph (C) of section 205(j)(6) of the Social Security Act [42 U.S.C. 405(j)(6)] (as added by subsection (a)) shall be awarded on August 1, 2018, and annually thereafter, and funds provided by such grants to a protection and advocacy system may be used to reimburse the protection and advocacy system for amounts expended by the protec- tion and advocacy system during the period beginning on May 1, 2018, and ending on such date for hiring and start-up costs in preparation to carry out reviews of representative payees in accordance with such subpara- graph. ‘‘(2) NATIONAL ASSOCIATION GRANTS.—Grants described under clause (v) of such subparagraph shall be awarded on May 1, 2018, and annually thereafter.’’ NOTIFICATION TO BENEFICIARIES Pub. L. 115–165, title II, § 201(d), Apr. 13, 2018, 132 Stat. 1266, provided that: ‘‘Not later than January 1, 2020, and annually thereafter, the Commissioner of Social Secu- rity shall notify each individual entitled to a benefit under title II , VIII , or XVI of the Social Security Act [42 U.S.C. 401 et seq., 1001 et seq., 1381 et seq.] of the name of any individual designated to serve as the indi- vidual’s representative payee under section 205(j)(1)(C) of such Act [42 U.S.C. 405(j)(1)(C)] (as added by sub- section (a)).’’ APPLICATION TO PRIOR APPOINTMENTS. Pub. L. 115–165, title II, § 202(e), Apr. 13, 2018, 132 Stat. 1271, provided that: ‘‘(1) IN GENERAL.—Not later than January 1, 2024, the Commissioner of Social Security shall conduct a review of each individual serving as a representative payee pursuant to [section] 205(j), 807, or 1631(a)(2) of the So- cial Security Act [42 U.S.C. 405(j), 1007, 1383(a)(2)], to de- termine whether such individual has been convicted of a felony as described in section 205(j)(2)(B)(i)(VII), 807(b)(2)(G), or 1631(a)(2)(B)(ii)(VII), respectively [42 U.S.C. 405(j)(2)(B)(i)(VII), 1007(b)(2)(G), 1383(a)(2)(B)(ii)(VII)] (as such provisions are added by this section). Except as provided in section 205(j)(2)(C)(vi), 807(d)(2)(D), or 1631(a)(2)(B)(xvii) [42 U.S.C. 405(j)(2)(C)(vi), 1007(d)(2)(D), 1383(a)(2)(B)(xvii)] (as so added), any individual determined by the Com- missioner to have been so convicted may not serve as a representative payee on or after the date of such de- termination. ‘‘(2) PRIORITY.—In conducting reviews under para- graph (1), the Commissioner shall prioritize reviews of the following categories of individuals, in the following order: ‘‘(A) An individual serving as representative payee for 15 or more individuals. ‘‘(B) An individual serving as representative payee for an individual who is not related to the representa- tive payee. ‘‘(C) An individual serving as representative payee for an individual who has attained the age of 18 and is not the spouse of the representative payee.’’ SOCIAL SECURITY NUMBER FRAUD PREVENTION Pub. L. 115–59, Sept. 15, 2017, 131 Stat. 1152, provided that: ‘‘SECTION 1. SHORT TITLE. ‘‘This Act may be cited as the ‘Social Security Num- ber Fraud Prevention Act of 2017’. ‘‘SEC. 2. RESTRICTION OF SOCIAL SECURITY NUM- BERS ON DOCUMENTS SENT BY MAIL. ‘‘(a) RESTRICTION.—An agency may not include the social security account number of an individual on any document sent by mail unless the head of the agency determines that the inclusion of the social security ac- count number on the document is necessary. ‘‘(b) REGULATIONS.—Not later than 5 years after the date of the enactment of this Act [Sept. 15, 2017], the head of each CFO Act agency shall issue regulations specifying the circumstances under which inclusion of a social security account number on a document sent by mail is necessary. Such regulations shall include— ‘‘(1) instructions for the partial redaction of social security account numbers where feasible; and ‘‘(2) a requirement that social security account numbers not be visible on the outside of any package sent by mail. ‘‘(c) REPORT.—Not later than 30 days after the date of the enactment of this Act, and not later than the first, Page 1933 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 second, third, fourth, and fifth-year anniversary of such date of enactment, the head of each CFO Act agency shall submit to the Committee on Ways and Means and the Committee on Oversight and Government Reform [now Committee on Oversight and Accountability] of the House of Representatives, the Committee on Fi- nance and the Committee on Homeland Security and Governmental Affairs of the Senate, and any other ap- propriate authorizing committees of the House of Rep- resentatives and the Senate, a report on the implemen- tation of subsection (a) that includes the following: ‘‘(1) The title and identification number of any doc- ument used by the CFO Act agency during the pre- vious year that includes the complete social security account number of an individual. ‘‘(2) For the first report submitted, a plan that de- scribes how the CFO Act agency will comply with the requirements of subsection (a). ‘‘(3) For the final report submitted, the title and identification number of each document used by the CFO Act agency for which the head of the agency has determined, in accordance with regulations issued pursuant to subsection (b), that the inclusion of a so- cial security account number on such document is necessary, and the rationale for such determination. ‘‘(4) For any other report that is not the first or final report submitted, an update on the implementa- tion of the plan described under paragraph (2). ‘‘(d) DEFINITIONS.—In this section: ‘‘(1) AGENCY.—The term ‘agency’ has the meaning given that term in section 551 of title 5, United States Code, but includes an establishment in the legislative or judicial branch of the Government (except the Senate, the House of Representatives, and the Archi- tect of the Capitol, and any activities under the di- rection of the Architect of the Capitol). ‘‘(2) CFO ACT AGENCY.—The term ‘CFO Act agency’ means the agencies listed in paragraphs (1) and (2) of section 901(b) of title 31, United States Code. ‘‘(e) EFFECTIVE DATE.—Subsection (a) shall apply with respect to any document sent by mail on or after the date that is 5 years after the date of the enactment of this Act.’’ SOCIAL SECURITY CARDS AND NUMBERS Pub. L. 108–458, title VII, § 7213, Dec. 17, 2004, 118 Stat. 3830, provided that: ‘‘(a) SECURITY ENHANCEMENTS.—The Commissioner of Social Security shall— ‘‘(1) not later than 1 year after the date of enact- ment of this Act [Dec. 17, 2004]— ‘‘(A) restrict the issuance of multiple replace- ment social security cards to any individual to 3 per year and 10 for the life of the individual, except that the Commissioner may allow for reasonable exceptions from the limits under this paragraph on a case-by-case basis in compelling circumstances; ‘‘(B) establish minimum standards for the verification of documents or records submitted by an individual to establish eligibility for an original or replacement social security card, other than for purposes of enumeration at birth; and ‘‘(C) require independent verification of any birth record submitted by an individual to establish eli- gibility for a social security account number, other than for purposes of enumeration at birth, except that the Commissioner may allow for reasonable exceptions from the requirement for independent verification under this subparagraph on a case by case basis in compelling circumstances; and ‘‘(2) notwithstanding section 205(r) of the Social Se- curity Act (42 U.S.C. 405(r)) and any agreement en- tered into thereunder, not later than 18 months after the date of enactment of this Act with respect to death indicators and not later than 36 months after the date of enactment of this Act with respect to fraud indicators, add death and fraud indicators to the social security number verification systems for employers, State agencies issuing driver’s licenses and identity cards, and other verification routines that the Commissioner determines to be appropriate. ‘‘(b) INTERAGENCY SECURITY TASK FORCE.—The Com- missioner of Social Security, in consultation with the Secretary of Homeland Security, shall form an inter- agency task force for the purpose of further improving the security of social security cards and numbers. Not later than 18 months after the date of enactment of this Act [Dec. 17, 2004], the task force shall establish, and the Commissioner shall provide for the implemen- tation of, security requirements, including— ‘‘(1) standards for safeguarding social security cards from counterfeiting, tampering, alteration, and theft; ‘‘(2) requirements for verifying documents sub- mitted for the issuance of replacement cards; and ‘‘(3) actions to increase enforcement against the fraudulent use or issuance of social security numbers and cards. ‘‘(c) ENUMERATION AT BIRTH.— ‘‘(1) IMPROVEMENT OF APPLICATION PROCESS.—As soon as practicable after the date of enactment of this Act [Dec. 17, 2004], the Commissioner of Social Security shall undertake to make improvements to the enumeration at birth program for the issuance of social security account numbers to newborns. Such improvements shall be designed to prevent— ‘‘(A) the assignment of social security account numbers to unnamed children; ‘‘(B) the issuance of more than 1 social security account number to the same child; and ‘‘(C) other opportunities for fraudulently obtain- ing a social security account number. ‘‘(2) REPORT TO CONGRESS.—Not later than 1 year after the date of enactment of this Act, the Commis- sioner shall transmit to each House of Congress a re- port specifying in detail the extent to which the im- provements required under paragraph (1) have been made. ‘‘(d) STUDY REGARDING PROCESS FOR ENUMERATION AT BIRTH.— ‘‘(1) IN GENERAL.—As soon as practicable after the date of enactment of this Act [Dec. 17, 2004], the Com- missioner of Social Security shall conduct a study to determine the most efficient options for ensuring the integrity of the process for enumeration at birth. This study shall include an examination of available methods for reconciling hospital birth records with birth registrations submitted to agencies of States and political subdivisions thereof and with informa- tion provided to the Commissioner as part of the process for enumeration at birth. ‘‘(2) REPORT.— ‘‘(A) IN GENERAL.—Not later than 18 months after the date of enactment of this Act, the Commis- sioner shall submit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate re- garding the results of the study conducted under paragraph (1). ‘‘(B) CONTENTS.—The report submitted under sub- paragraph (A) shall contain such recommendations for legislative changes as the Commissioner con- siders necessary to implement needed improve- ments in the process for enumeration at birth. ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to the Commissioner of Social Security for each of the fiscal years 2005 through 2009, such sums as may be necessary to carry out this section.’’ DEVELOPMENT OF PROTOTYPE OF COUNTERFEIT- RESISTANT SOCIAL SECURITY CARD Pub. L. 104–208, div. C, title VI, § 657, Sept. 30, 1996, 110 Stat. 3009–719, provided that: ‘‘(a) DEVELOPMENT.— ‘‘(1) IN GENERAL.—The Commissioner of Social Se- curity (in this section referred to as the ‘Commis- sioner’) shall, in accordance with the provisions of this section, develop a prototype of a counterfeit-re- sistant social security card. Such prototype card— ‘‘(A) shall be made of a durable, tamper-resistant material such as plastic or polyester; Page 1934 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405 ‘‘(B) shall employ technologies that provide secu- rity features, such as magnetic stripes, holograms, and integrated circuits; and ‘‘(C) shall be developed so as to provide individ- uals with reliable proof of citizenship or legal resi- dent alien status. ‘‘(2) ASSISTANCE BY ATTORNEY GENERAL.—The Attor- ney General shall provide such information and as- sistance 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 exam- ines different methods of improving the social secu- rity card application process. ‘‘(2) ELEMENTS OF STUDIES.—The studies shall in- clude evaluations of the cost and work load implica- tions 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 replace- ment 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 re- ports described in this subsection, along with fac- similes of the prototype cards as described in sub- section (a), shall be submitted to the Committees on Ways and Means and Judiciary of the House of Rep- resentatives and the Committees on Finance and Ju- diciary 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, § 111, Aug. 22, 1996, 110 Stat. 2176. NINETY-DAY DELAY IN DEFERRAL OR SUSPENSION OF BENEFITS FOR CURRENT BENEFICIARIES Pub. L. 103–296, title II, § 201(a)(1)(C), Aug. 15, 1994, 108 Stat. 1491, 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 [42 U.S.C. 405(j)(2)(D)], make direct payment of benefits to such individual during the 90-day period commencing with the date on which such individual is provided the no- tice 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 pursu- ant to section 205(j) of such Act [42 U.S.C. 405(j)].’’ STUDY REGARDING FEASIBILITY, COST, AND EQUITY OF REQUIRING REPRESENTATIVE PAYEES FOR ALL DIS- ABILITY BENEFICIARIES SUFFERING FROM ALCOHOLISM OR DRUG ADDICTION Pub. L. 103–296, title II, § 201(a)(1)(E), Aug. 15, 1994, 108 Stat. 1491, required the Secretary of Health and Human Services, as soon as practicable after Aug. 15, 1994, to conduct a study of the feasibility, cost, and equity of requiring representative payees for all disability bene- ficiaries under title II or XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) who suffer from alcoholism or drug addiction, irrespective of whether the alcoholism or drug addiction was material to the determination of disability; the feasibility, cost, and equity of providing benefits through non-cash means; and the extent to which child beneficiaries and chil- dren’s representative payees are afflicted by drug addi- tion or alcoholism and ways of addressing such afflic- tion, and required the Secretary to submit a report to the appropriate committees of Congress by Dec. 31, 1995. ANNUAL REPORTS ON REVIEWS OF OASDI AND SSI CASES Pub. L. 103–296, title II, § 206(g), Aug. 15, 1994, 108 Stat. 1516, as amended by Pub. L. 103–296, title I, § 108(b)(10)(B), Aug. 15, 1994, 108 Stat. 1483, provided that: ‘‘The Commissioner of Social Security shall an- nually submit to the Committee on Ways and Means of the House of Representatives and the Committee on Fi- nance 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 [42 U.S.C. 401 et seq.] and supplemental security income cases under title XVI of such Act [42 U.S.C. 1381 et seq.], and the ex- tent to which the cases reviewed were those that in- volved a high likelihood or probability of fraud.’’ REPORT ON FEASIBILITY OF OBTAINING READY ACCESS TO CERTAIN CRIMINAL FRAUD RECORDS Pub. L. 101–508, title V, § 5105(a)(2)(B), Nov. 5, 1990, 104 Stat. 1388–260, provided that, as soon as practicable after 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, was to study the feasibility of establishing and main- taining a current list of the names and social security account numbers of individuals who had been convicted of a violation of 18 U.S.C. 495 for use in investigations undertaken pursuant to 42 U.S.C. 405(j)(2) or 42 U.S.C. 1383(a)(2)(B), and to submit study results and rec- ommendations to the appropriate committees of Con- gress by July 1, 1992. REPORTS ON ORGANIZATIONS SERVING AS REPRESENTATIVE PAYEES AND FEES FOR SERVICES Pub. L. 101–508, title V, § 5105(a)(3)(B), Nov. 5, 1990, 104 Stat. 1388–262, required the Secretary of Health and Human Services to transmit a report to the appropriate committees of Congress by Jan. 1, 1993, setting forth the number and types of qualified organizations which had served as representative payees and had collected fees for such service pursuant to any amendment made by section 5105(a)(3)(A) of Pub. L. 101–508 (amending this section and section 1383 of this title), and required the Comptroller General of the United States to con- duct a study of the advantages and disadvantages of al- lowing qualified organizations serving as representa- tive payees to charge such fees and to transmit a report to the appropriate committees of Congress by July 1, 1992. STUDY RELATING TO FEASIBILITY OF SCREENING OF INDIVIDUALS WITH CRIMINAL RECORDS Pub. L. 101–508, title V, § 5105(a)(4), Nov. 5, 1990, 104 Stat. 1388–262, required the Secretary of Health and Human Services, as soon as practicable after Nov. 5, 1999, to conduct a study of the feasibility of deter- mining 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 and to transmit study results to the appropriate committees of Congress by July 1, 1992. STUDY RELATING TO MORE STRINGENT OVERSIGHT OF HIGH-RISK REPRESENTATIVE PAYEES Pub. L. 101–508, title V, § 5105(b)(2), Nov. 5, 1990, 104 Stat. 1388–263, required the Secretary of Health and Human Services, as soon as practicable after Nov. 5, 1990, to conduct a study of the need for a more strin- gent accounting system for high-risk representative payees than was otherwise generally provided under 42 U.S.C. 405(j)(3) or 42 U.S.C. 1383(a)(2)(C), and to report Page 1935 TITLE 42—THE PUBLIC HEALTH AND WELFARE § 405b 1 See References in Text note below. to the appropriate committees of Congress the results of the study and any recommendations by July 1, 1992. DEMONSTRATION PROJECTS RELATING TO PROVISION OF INFORMATION TO LOCAL AGENCIES PROVIDING CHILD AND ADULT PROTECTIVE SERVICES Pub. L. 101–508, title V, § 5105(b)(3), Nov. 5, 1990, 104 Stat. 1388–264, required the Secretary of Health and Human Services, as soon as practicable after Nov. 5, 1990, to implement a demonstration project to make available to the State agencies responsible for regu- lating care facilities or providing for child and adult protective services a list of addresses where benefits under titles II and XVI of the Social Security Act (42 U.S.C. 401 et seq., 1381 et seq.) were received by five or more individuals, and to report to the appropriate com- mittees of Congress by July 1, 1992, on the feasibility and desirability of legislation implementing the pro- grams established pursuant to section 5105(b)(3) of Pub. L. 101–508 on a permanent basis. COUNTERFEITING OF SOCIAL SECURITY ACCOUNT NUMBER CARDS Pub. L. 99–603, title I, § 101(f), Nov. 6, 1986, 100 Stat. 3373, directed the Comptroller General of the United States to investigate technological alternatives for producing and issuing social security account number cards that are more resistant to counterfeiting and to report to the appropriate committees of Congress not later than one year after Nov. 6, 1986. CONDUCT OF FACE-TO-FACE RECONSIDERATIONS IN DISABILITY CASES Pub. L. 97–455, § 5, Jan. 12, 1983, 96 Stat. 2500, provided that: ‘‘The Secretary of Health and Human Services shall take such steps as may be necessary or appro- priate to assure public understanding of the importance the Congress attaches to the face-to-face reconsider- ations provided for in section 205(b)(2) of the Social Se- curity Act [42 U.S.C. 405(b)(2)] (as added by section 4 of this Act). For this purpose the Secretary shall— ‘‘(1) provide for the establishment and implementa- tion of procedures for the conduct of such reconsider- ations 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 evi- dence and be represented by counsel at such reconsid- erations, and of the importance of submitting all evi- dence that relates to the question before the Sec- retary or the State agency at such reconsiderations.’’ INCLUSION OF SELF-EMPLOYMENT INCOME IN RECORDS OF SECRETARY OF HEALTH, EDUCATION, AND WELFARE Pub. L. 89–97, title III, § 331(c), July 30, 1965, 79 Stat. 402, provided that: ‘‘Notwithstanding any provision of section 205(c)(5)(F) of the Social Security Act [42 U.S.C. 405(c)(5)(F)], the Secretary of Health, Education, and Welfare [now Health and Human Services] may con- form, before April 16, 1970, his records to tax returns or statements of earnings which constitute self-employ- ment income solely by reason of the filing of a certifi- cate which is effective under section 1402(e)(5) of such Code [section 1402(e)(5) of Title 26, Internal Revenue Code].’’ Pub. L. 86–778, title I, § 101(e), Sept. 13, 1960, 74 Stat. 928, as amended by Pub. L. 99–514, § 2, Oct. 22, 1986, 100 Stat. 2095, provided that: ‘‘The provisions of section 205(c)(5)(F) of the Social Security Act [42 U.S.C. 405(c)(5)(F)], insofar as they prohibit inclusion in the records of the Secretary of Health, Education, and Wel- fare [now Health and Human Services] of self-employ- ment 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 ap- plicable to earnings which are derived in any taxable year ending before 1960 and which constitute self-em- ployment income solely by reason of the filing of a cer- tificate which is effective under section 1402(e)(3)(B) or (5) of the Internal Revenue Code of 1986 [formerly I.R.C. 1954] [former section 1402(e)(3)(B) or (5) of Title 26].’’ Executive Documents TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS For termination of Trust Territory of the Pacific Is- lands, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 405a. Regulations pertaining to frequency or due dates of payments and reports under vol- untary agreements covering State and local employees; effective date Notwithstanding any other provision of law, no regulation and no modification of any regula- tion, promulgated by the Secretary of Health and Human Services, after January 2, 1976, shall become effective prior to the end of the eight- een-month period which begins with the first day of the first calendar month which begins after the date on which such regulation or modi- fication of a regulation is published in the Fed- eral Register, if and insofar as such regulation or modification of a regulation pertains, di- rectly or indirectly, to the frequency or due dates for payments and reports required under section 418(e) 1 of this title. (Pub. L. 94–202, § 7, Jan. 2, 1976, 89 Stat. 1137; Pub. L. 96–88, title V, § 509(b), Oct. 17, 1979, 93 Stat. 695.) Editorial Notes REFERENCES IN TEXT Subsec. (e) of section 418 of this title, referred to in text, which related to payments and reports by States, was repealed, and subsec. (f) of section 418 of this title was redesignated as subsec. (e), by Pub. L. 99–509, title IX, § 9002(c)(1), Oct. 21, 1986, 100 Stat. 1971. CODIFICATION Section was not enacted as part of the Social Secu- rity Act which comprises this chapter. Statutory Notes and Related Subsidiaries CHANGE OF NAME ‘‘Secretary of Health and Human Services’’ sub- stituted in text for ‘‘Secretary of Health, Education, and Welfare’’ pursuant to section 509(b) of Pub. L. 96–88, which is classified to section 3508(b) of Title 20, Edu- cation. TIME FOR MAKING SOCIAL SECURITY CONTRIBUTIONS WITH RESPECT TO COVERED STATE AND LOCAL EM- PLOYEES Pub. L. 96–265, title V, § 503(c), June 9, 1980, 94 Stat. 471, provided that: ‘‘The provisions of section 7 of Pub- lic Law 94–202 [42 U.S.C. 405a] shall not be applicable to any regulation which becomes effective on or after July 1, 1980, and which is designed to carry out the pur- poses of subsection (a) of this section [amending sec- tion 418 of this title].’’ § 405b. Reducing identity fraud (a) Purpose The purpose of this section is to reduce the prevalence of synthetic identity fraud, which