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                  FOSTER CARE INDEPENDENCE ACT OF 1999

 

[[Page 113 STAT. 1822]]

 

Public Law 106-169

106th Congress

 

                                 An Act

 

 

 

To amend part E of title IV of the Social Security Act to provide States

   with more funding and greater flexibility in carrying out programs

 designed to help children make the transition from foster care to self-

  sufficiency, and for other purposes. <<NOTE: Dec. 14, 1999 -  [H.R.

                                3443]>>

 

    Be it enacted by the Senate and House of Representatives of the

United States of America in Congress <<NOTE: Foster Care Independence

Act of 1999.>> assembled,

 

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

 

    (a) Short <<NOTE: 42 USC 1305 note.>> Title.--This Act may be cited

as the ``Foster Care Independence Act of 1999''.

 

    (b) Table of Contents.--The table of contents of this Act is as

follows:

 

Sec. 1. Short title; table of contents.

 

              TITLE I--IMPROVED INDEPENDENT LIVING PROGRAM

 

             Subtitle A--Improved Independent Living Program

 

Sec. 101. Improved independent living program.

 

                Subtitle B--Related Foster Care Provision

 

Sec. 111. Increase in amount of assets allowable for children in foster

           care.

Sec. 112. Preparation of foster parents to provide for the needs of

           children in State care.

 

                     Subtitle C--Medicaid Amendments

 

Sec. 121. State option of Medicaid coverage for adolescents leaving

           foster care.

 

                 Subtitle D--Adoption Incentive Payments

 

Sec. 131. Increased funding for adoption incentive payments.

 

                     TITLE II--SSI FRAUD PREVENTION

 

           Subtitle A--Fraud Prevention and Related Provisions

 

Sec. 201. Liability of representative payees for overpayments to

           deceased recipients.

Sec. 202. Recovery of overpayments of SSI benefits from lump sum SSI

           benefit payments.

Sec. 203. Additional debt collection practices.

Sec. 204. Requirement to provide State prisoner information to Federal

           and federally assisted benefit programs.

Sec. 205. Treatment of assets held in trust under the SSI program.

Sec. 206. Disposal of resources for less than fair market value under

           the SSI program.

Sec. 207. Administrative procedure for imposing penalties for false or

           misleading statements.

Sec. 208. Exclusion of representatives and health care providers

           convicted of violations from participation in social security

           programs.

Sec. 209. State data exchanges.

Sec. 210. Study on possible measures to improve fraud prevention and

           administrative processing.

Sec. 211. Annual report on amounts necessary to combat fraud.

 

[[Page 113 STAT. 1823]]

 

Sec. 212. Computer matches with Medicare and Medicaid

           institutionalization data.

Sec. 213. Access to information held by financial institutions.

 

         Subtitle B--Benefits For Certain World War II Veterans

 

Sec. 251. Establishment of program of special benefits for certain World

           War II veterans.

 

                            Subtitle C--Study

 

Sec. 261. Study of denial of SSI benefits for family farmers.

 

                        TITLE III--CHILD SUPPORT

 

Sec. 301. Narrowing of hold-harmless provision for State share of

           distribution of collected child support.

 

                     TITLE IV--TECHNICAL CORRECTIONS

 

Sec. 401. Technical corrections relating to amendments made by the

           Personal Responsibility and Work Opportunity Reconciliation

           Act of 1996.

 

              TITLE I--IMPROVED INDEPENDENT LIVING PROGRAM

 

             Subtitle A--Improved Independent Living Program

 

SEC. 101. <<NOTE: 42 USC 677 note.>> IMPROVED INDEPENDENT LIVING

            PROGRAM.

 

    (a) Findings.--The Congress finds the following:

            (1) States are required to make reasonable efforts to find

        adoptive families for all children, including older children,

        for whom reunification with their biological family is not in

        the best interests of the child. However, some older children

        will continue to live in foster care. These children should be

        enrolled in an Independent Living program designed and conducted

        by State and local government to help prepare them for

        employment, postsecondary education, and successful management

        of adult responsibilities.

            (2) Older children who continue to be in foster care as

        adolescents may become eligible for Independent Living programs.

        These Independent Living programs are not an alternative to

        adoption for these children. Enrollment in Independent Living

        programs can occur concurrent with continued efforts to locate

        and achieve placement in adoptive families for older children in

        foster care.

            (3) About 20,000 adolescents leave the Nation's foster care

        system each year because they have reached 18 years of age and

        are expected to support themselves.

            (4) Congress has received extensive information that

        adolescents leaving foster care have significant difficulty

        making a successful transition to adulthood; this information

        shows that children aging out of foster care show high rates of

        homelessness, non-marital childbearing, poverty, and delinquent

        or criminal behavior; they are also frequently the target of

        crime and physical assaults.

            (5) The Nation's State and local governments, with financial

        support from the Federal Government, should offer an extensive

        program of education, training, employment, and financial

        support for young adults leaving foster care, with participation

        in such program beginning several years before high school

 

[[Page 113 STAT. 1824]]

 

        graduation and continuing, as needed, until the young adults

        emancipated from foster care establish independence or reach 21

        years of age.

 

    (b) Improved Independent Living Program.--Section 477 of the Social

Security Act (42 U.S.C. 677) is amended to read as follows:

 

``SEC. 477. JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM.

 

    ``(a) Purpose.--The purpose of this section is to provide States

with flexible funding that will enable programs to be designed and

conducted--

            ``(1) to identify children who are likely to remain in

        foster care until 18 years of age and to help these children

        make the transition to self-sufficiency by providing services

        such as assistance in obtaining a high school diploma, career

        exploration, vocational training, job placement and retention,

        training in daily living skills, training in budgeting and

        financial management skills, substance abuse prevention, and

        preventive health activities (including smoking avoidance,

        nutrition education, and pregnancy prevention);

            ``(2) to help children who are likely to remain in foster

        care until 18 years of age receive the education, training, and

        services necessary to obtain employment;

            ``(3) to help children who are likely to remain in foster

        care until 18 years of age prepare for and enter postsecondary

        training and education institutions;

            ``(4) to provide personal and emotional support to children

        aging out of foster care, through mentors and the promotion of

        interactions with dedicated adults; and

            ``(5) to provide financial, housing, counseling, employment,

        education, and other appropriate support and services to former

        foster care recipients between 18 and 21 years of age to

        complement their own efforts to achieve self-sufficiency and to

        assure that program participants recognize and accept their

        personal responsibility for preparing for and then making the

        transition from adolescence to adulthood.

 

    ``(b) Applications.--

            ``(1) In general.--A State may apply for funds from its

        allotment under subsection (c) for a period of five consecutive

        fiscal years by submitting to the Secretary, in writing, a plan

        that meets the requirements of paragraph (2) and the

        certifications required by paragraph (3) with respect to the

        plan.

            ``(2) State plan.--A plan meets the requirements of this

        paragraph if the plan specifies which State agency or agencies

        will administer, supervise, or oversee the programs carried out

        under the plan, and describes how the State intends to do the

        following:

                    ``(A) Design and deliver programs to achieve the

                purposes of this section.

                    ``(B) Ensure that all political subdivisions in the

                State are served by the program, though not necessarily

                in a uniform manner.

                    ``(C) Ensure that the programs serve children of

                various ages and at various stages of achieving

                independence.

                    ``(D) Involve the public and private sectors in

                helping adolescents in foster care achieve independence.

 

[[Page 113 STAT. 1825]]

 

                    ``(E) Use objective criteria for determining

                eligibility for benefits and services under the

                programs, and for ensuring fair and equitable treatment

                of benefit recipients.

                    ``(F) Cooperate in national evaluations of the

                effects of the programs in achieving the purposes of

                this section.

            ``(3) Certifications.--The certifications required by this

        paragraph with respect to a plan are the following:

                    ``(A) A certification by the chief executive officer

                of the State that the State will provide assistance and

                services to children who have left foster care because

                they have attained 18 years of age, and who have not

                attained 21 years of age.

                    ``(B) A certification by the chief executive officer

                of the State that not more than 30 percent of the

                amounts paid to the State from its allotment under

                subsection (c) for a fiscal year will be expended for

                room or board for children who have left foster care

                because they have attained 18 years of age, and who have

                not attained 21 years of age.

                    ``(C) A certification by the chief executive officer

                of the State that none of the amounts paid to the State

                from its allotment under subsection (c) will be expended

                for room or board for any child who has not attained 18

                years of age.

                    ``(D) A certification by the chief executive officer

                of the State that the State will use training funds

                provided under the program of Federal payments for

                foster care and adoption assistance to provide training

                to help foster parents, adoptive parents, workers in

                group homes, and case managers understand and address

                the issues confronting adolescents preparing for

                independent living, and will, to the extent possible,

                coordinate such training with the independent living

                program conducted for adolescents.

                    ``(E) A certification by the chief executive officer

                of the State that the State has consulted widely with

                public and private organizations in developing the plan

                and that the State has given all interested members of

                the public at least 30 days to submit comments on the

                plan.

                    ``(F) A certification by the chief executive officer

                of the State that the State will make every effort to

                coordinate the State programs receiving funds provided

                from an allotment made to the State under subsection (c)

                with other Federal and State programs for youth

                (especially transitional living youth projects funded

                under part B of title III of the Juvenile Justice and

                Delinquency Prevention Act of 1974), abstinence

                education programs, local housing programs, programs for

                disabled youth (especially sheltered workshops), and

                school-to-work programs offered by high schools or local

                workforce agencies.

                    ``(G) A certification by the chief executive officer

                of the State that each Indian tribe in the State has

                been consulted about the programs to be carried out

                under the plan; that there have been efforts to

                coordinate the programs with such tribes; and that

                benefits and services under the programs will be made

                available to Indian children in the State on the same

                basis as to other children in the State.

 

[[Page 113 STAT. 1826]]

 

                    ``(H) A certification by the chief executive officer

                of the State that the State will ensure that adolescents

                participating in the program under this section

                participate directly in designing their own program

                activities that prepare them for independent living and

                that the adolescents accept personal responsibility for

                living up to their part of the program.

                    ``(I) A certification by the chief executive officer

                of the State that the State has established and will

                enforce standards and procedures to prevent fraud and

                abuse in the programs carried out under the plan.

            ``(4) Approval.--The Secretary shall approve an application

        submitted by a State pursuant to paragraph (1) for a period if--

                    ``(A) the application is submitted on or before June

                30 of the calendar year in which such period begins; and

                    ``(B) the Secretary finds that the application

                contains the material required by paragraph (1).

            ``(5) Authority to implement certain amendments;

        notification.--A State with an application approved under

        paragraph (4) may implement any amendment to the plan contained

        in the application if the application, incorporating the

        amendment, would be approvable under paragraph (4).

        Within <<NOTE: Deadline.>> 30 days after a State implements any

        such amendment, the State shall notify the Secretary of the

        amendment.

            ``(6) Availability.--The State shall make available to the

        public any application submitted by the State pursuant to

        paragraph (1), and a brief summary of the plan contained in the

        application.

 

    ``(c) Allotments to States.--

            ``(1) In general.--From the amount specified in subsection

        (h) that remains after applying subsection (g)(2) for a fiscal

        year, the Secretary shall allot to each State with an

        application approved under subsection (b) for the fiscal year

        the amount which bears the same ratio to such remaining amount

        as the number of children in foster care under a program of the

        State in the most recent fiscal year for which such information

        is available bears to the total number of children in foster

        care in all States for such most recent fiscal year, as adjusted

        in accordance with paragraph (2).

            ``(2) Hold harmless provision.--

                    ``(A) In general.--The Secretary shall allot to each

                State whose allotment for a fiscal year under paragraph

                (1) is less than the greater of $500,000 or the amount

                payable to the State under this section for fiscal year

                1998, an additional amount equal to the difference

                between such allotment and such greater amount.

                    ``(B) Ratable reduction of certain allotments.--In

                the case of a State not described in subparagraph (A) of

                this paragraph for a fiscal year, the Secretary shall

                reduce the amount allotted to the State for the fiscal

                year under paragraph (1) by the amount that bears the

                same ratio to the sum of the differences determined

                under subparagraph (A) of this paragraph for the fiscal

                year as the excess of the amount so allotted over the

                greater of $500,000 or the amount payable to the State

                under

 

[[Page 113 STAT. 1827]]

 

                this section for fiscal year 1998 bears to the sum of

                such excess amounts determined for all such States.

 

    ``(d) Use of Funds.--

            ``(1) In general.--A State to which an amount is paid from

        its allotment under subsection (c) may use the amount in any

        manner that is reasonably calculated to accomplish the purposes

        of this section.

            ``(2) No supplantation of other funds available for same

        general purposes.--The amounts paid to a State from its

        allotment under subsection (c) shall be used to supplement and

        not supplant any other funds which are available for the same

        general purposes in the State.

            ``(3) Two-year availability of funds.--Payments made to a

        State under this section for a fiscal year shall be expended by

        the State in the fiscal year or in the succeeding fiscal year.

 

    ``(e) Penalties.--

            ``(1) Use of grant in violation of this part.--If the

        Secretary is made aware, by an audit conducted under chapter 75

        of title 31, United States Code, or by any other means, that a

        program receiving funds from an allotment made to a State under

        subsection (c) has been operated in a manner that is

        inconsistent with, or not disclosed in the State application

        approved under subsection (b), the Secretary shall assess a

        penalty against the State in an amount equal to not less than 1

        percent and not more than 5 percent of the amount of the

        allotment.

            ``(2) Failure to comply with data reporting requirement.--

        The Secretary shall assess a penalty against a State that fails

        during a fiscal year to comply with an information collection

        plan implemented under subsection (f ) in an amount equal to not

        less than 1 percent and not more than 5 percent of the amount

        allotted to the State for the fiscal year.

            ``(3) Penalties based on degree of noncompliance.--The

        Secretary shall assess penalties under this subsection based on

        the degree of noncompliance.

 

    ``(f ) Data Collection and Performance Measurement.--

            ``(1) In general.--The Secretary, in consultation with State

        and local public officials responsible for administering

        independent living and other child welfare programs, child

        welfare advocates, Members of Congress, youth service providers,

        and researchers, shall--

                    ``(A) develop outcome measures (including measures

                of educational attainment, high school diploma,

                employment, avoidance of dependency, homelessness,

                nonmarital childbirth, incarceration, and high-risk

                behaviors) that can be used to assess the performance of

                States in operating independent living programs;

                    ``(B) identify data elements needed to track--

                          ``(i) the number and characteristics of

                      children receiving services under this section;

                          ``(ii) the type and quantity of services being

                      provided; and

                          ``(iii) State performance on the outcome

                      measures; and

 

[[Page 113 STAT. 1828]]

 

                    ``(C) develop and implement a plan to collect the

                needed information beginning with the second fiscal year

                beginning after the date of the enactment of this

                section.

            ``(2) Report <<NOTE: Deadline.>> to the congress.--Within 12

        months after the date of the enactment of this section, the

        Secretary shall submit to the Committee on Ways and Means of the

        House of Representatives and the Committee on Finance of the

        Senate a report detailing the plans and timetable for collecting

        from the States the information described in paragraph (1) and a

        proposal to impose penalties consistent with paragraph (e)(2) on

        States that do not report data.

 

    ``(g) Evaluations.--

            ``(1) In general.--The Secretary shall conduct evaluations

        of such State programs funded under this section as the

        Secretary deems to be innovative or of potential national

        significance. The evaluation of any such program shall include

        information on the effects of the program on education,

        employment, and personal development. To the maximum extent

        practicable, the evaluations shall be based on rigorous

        scientific standards including random assignment to treatment

        and control groups. The Secretary is encouraged to work directly

        with State and local governments to design methods for

        conducting the evaluations, directly or by grant, contract, or

        cooperative agreement.

            ``(2) Funding of evaluations.--The Secretary shall reserve

        1.5 percent of the amount specified in subsection (h) for a

        fiscal year to carry out, during the fiscal year, evaluation,

        technical assistance, performance measurement, and data

        collection activities related to this section, directly or

        through grants, contracts, or cooperative agreements with

        appropriate entities.

 

    ``(h) Limitations on Authorization of Appropriations.--To carry out

this section and for payments to States under section 474(a)(4), there

are authorized to be appropriated to the Secretary $140,000,000 for each

fiscal year.''.

    (c) Payments to States.--Section 474(a)(4) of such Act (42 U.S.C.

674(a)(4)) is amended to read as follows:

            ``(4) the lesser of--

                    ``(A) 80 percent of the amount (if any) by which--

                          ``(i) the total amount expended by the State

                      during the fiscal year in which the quarter occurs

                      to carry out programs in accordance with the State

                      application approved under section 477(b) for the

                      period in which the quarter occurs (including any

                      amendment that meets the requirements of section

                      477(b)(5)); exceeds

                          ``(ii) the total amount of any penalties

                      assessed against the State under section 477(e)

                      during the fiscal year in which the quarter

                      occurs; or

                    ``(B) the amount allotted to the State under section

                477 for the fiscal year in which the quarter occurs,

                reduced by the total of the amounts payable to the State

                under this paragraph for all prior quarters in the

                fiscal year.''.

 

    (d) Regulations.--Not <<NOTE: Deadline. 42 USC 677 note.>> later

than 12 months after the date of the enactment of this Act, the

Secretary of Health and Human Services shall issue such regulations as

may be necessary to carry out the amendments made by this section.

 

42 USC 677

note.

 

[[Page 113 STAT. 1829]]

 

 

 

    (e) Sense of the Congress.--It is the sense of the Congress that

States should provide medical assistance under the State plan approved

under title XIX of the Social Security Act to

18-, 19-, and 20-year-olds who have been emancipated from foster care.

 

                Subtitle B--Related Foster Care Provision

 

SEC. 111. INCREASE IN AMOUNT OF ASSETS ALLOWABLE FOR CHILDREN IN FOSTER

            CARE.

 

    Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) is

amended by adding at the end the following: ``In determining whether a

child would have received aid under a State plan approved under section

402 (as in effect on July 16, 1996), a child whose resources (determined

pursuant to section 402(a)(7)(B), as so in effect) have a combined value

of not more than $10,000 shall be considered to be a child whose

resources have a combined value of not more than $1,000 (or such lower

amount as the State may determine for purposes of such section

402(a)(7)(B)).''.

 

SEC. 112. PREPARATION OF FOSTER PARENTS TO PROVIDE FOR THE NEEDS OF

            CHILDREN IN STATE CARE.

 

    (a) State Plan Requirement.--Section 471(a) of the Social Security

Act (42 U.S.C. 671(a)) is amended--

            (1) by striking ``and'' at the end of paragraph (22);

            (2) by striking the period at the end of paragraph (23) and

        inserting ``; and''; and

            (3) by adding at the end the following:

            ``(24) include a certification that, before a child in

        foster care under the responsibility of the State is placed with

        prospective foster parents, the prospective foster parents will

        be prepared adequately with the appropriate knowledge and skills

        to provide for the needs of the child, and that such preparation

        will be continued, as necessary, after the placement of the

        child.''.

 

    (b) Effective <<NOTE: 42 USC 671 note.>> Date.--The amendments made

by subsection (a) shall take effect on October 1, 1999.

 

                     Subtitle C--Medicaid Amendments

 

SEC. 121. STATE OPTION OF MEDICAID COVERAGE FOR ADOLESCENTS LEAVING

            FOSTER CARE.

 

    (a) In General.--Subject to subsection (c), title XIX of the Social

Security Act, is amended--

            (1) in section 1902(a)(10)(A)(ii) (42 U.S.C.

        1396a(a)(10)(A)(ii))--

                    (A) by striking ``or'' at the end of subclause

                (XIII);

                    (B) by adding ``or'' at the end of subclause (XIV);

                and

                    (C) by adding at the end the following new

                subclause:

                                    ``(XV) who are independent foster

                                care adolescents (as defined in section

                                1905(v)(1)), or who are within any

                                reasonable categories of such

                                adolescents specified by the State;'';

                                and

            (2) by adding at the end of section 1905 (42 U.S.C. 1396d)

        the following new subsection:

 

[[Page 113 STAT. 1830]]

 

    ``(v)(1) For purposes of this title, the term `independent foster

care adolescent' means an individual--

            ``(A) who is under 21 years of age;

            ``(B) who, on the individual's 18th birthday, was in foster

        care under the responsibility of a State; and

            ``(C) whose assets, resources, and income do not exceed such

        levels (if any) as the State may establish consistent with

        paragraph (2).

 

    ``(2) The levels established by a State under paragraph (1)(C) may

not be less than the corresponding levels applied by the State under

section 1931(b).

    ``(3) A State may limit the eligibility of independent foster care

adolescents under section 1902(a)(10)(A)(ii)(XV) to those individuals

with respect to whom foster care maintenance payments or independent

living services were furnished under a program funded under part E of

title IV before the date the individuals attained 18 years of age.''.

    (b) Effective <<NOTE: Applicability. 42 USC 1396a note.>> Date.--The

amendments made by subsection (a) apply to medical assistance for items

and services furnished on or after October 1, 1999.

 

42 USC

1396a

note.

 

    (c) Contingency <<NOTE: 42 USC 1396a note.>> in Enactment.--If the

Ticket to Work and Work Incentives Improvement Act of 1999 is enacted

(whether before, on, or after the date of the enactment of this Act)--

            (1) the amendments made by that Act shall be executed as if

        this Act had been enacted after the enactment of such other Act;

            (2) with respect to subsection (a)(1)(A) of this section,

        any reference to subclause (XIII) is deemed a reference to

        subclause (XV);

            (3) with respect to subsection (a)(1)(B) of this section,

        any reference to subclause (XIV) is deemed a reference to

        subclause (XVI);

            (4) <<NOTE: 42 USC 1396a.>> the subclause (XV) added by

        subsection (a)(1)(C) of this section--

                    (A) is redesignated as subclause (XVII); and

                    (B) is amended by striking ``section 1905(v)(1)''

                and inserting ``section 1905(w)(1)''; and

            (5) <<NOTE: 42 USC 1396d.>> the subsection (v) added by

        subsection (a)(2) of this section--

                    (A) is redesignated as subsection (w); and

                    (B) is amended by striking

                ``1902(a)(10)(A)(ii)(XV)'' and inserting

                ``1902(a)(10)(A)(ii)(XVII)''.

 

                 Subtitle D--Adoption Incentive Payments

 

SEC. 131. INCREASED FUNDING FOR ADOPTION INCENTIVE PAYMENTS.

 

    (a) Supplemental Grants.--Section 473A of the Social Security Act

(42 U.S.C. 673b) is amended by adding at the end the following:

    ``( j) Supplemental Grants.--

            ``(1) In general.--Subject to the availability of such

        amounts as may be provided in advance in appropriations Acts, in

        addition to any amount otherwise payable under this section to

        any State that is an incentive-eligible State for fiscal year

        1998, the Secretary shall make a grant to the State in an amount

        equal to the lesser of--

 

[[Page 113 STAT. 1831]]

 

                    ``(A) the amount by which--

                          ``(i) the amount that would have been payable

                      to the State under this section during fiscal year

                      1999 (on the basis of adoptions in fiscal year

                      1998) in the absence of subsection (d)(2) if

                      sufficient funds had been available for the

                      payment; exceeds

                          ``(ii) the amount that, before the enactment

                      of this subsection, was payable to the State under

                      this section during fiscal year 1999 (on such

                      basis); or

                    ``(B) the amount that bears the same ratio to the

                dollar amount specified in paragraph (2) as the amount

                described by subparagraph (A) for the State bears to the

                aggregate of the amounts described by subparagraph (A)

                for all States that are incentive-eligible States for

                fiscal year 1998.

            ``(2) Funding.--$23,000,000 of the amounts appropriated

        under subsection (h)(1) for fiscal year 2000 may be used for

        grants under paragraph (1) of this subsection.''.

 

    (b) Limitation on Authorization of Appropriations.--Section

473A(h)(1) of the Social Security Act (42 U.S.C. 673b(h)(1)) is amended

to read as follows:

            ``(1) In general.--For grants under subsection (a), there

        are authorized to be appropriated to the Secretary--

                    ``(A) $20,000,000 for fiscal year 1999;

                    ``(B) $43,000,000 for fiscal year 2000; and

                    ``(C) $20,000,000 for each of fiscal years 2001

                through 2003.''.

 

                     TITLE II--SSI FRAUD PREVENTION

 

           Subtitle A--Fraud Prevention and Related Provisions

 

SEC. 201. <<NOTE: Records.>> LIABILITY OF REPRESENTATIVE PAYEES FOR

            OVERPAYMENTS TO DECEASED RECIPIENTS.

 

    (a) Amendment to Title II.--Section 204(a)(2) of the Social Security

Act (42 U.S.C. 404(a)(2)) is amended by adding at the end the following

new sentence: ``If any payment of more than the correct amount is made

to a representative payee on behalf of an individual after the

individual's death, the representative payee shall be liable for the

repayment of the overpayment, and the Commissioner of Social Security

shall establish an overpayment control record under the social security

account number of the representative payee.''.

    (b) Amendment to Title XVI.--Section 1631(b)(2) of such Act (42

U.S.C. 1383(b)(2)) is amended by adding at the end the following new

sentence: ``If any payment of more than the correct amount is made to a

representative payee on behalf of an individual after the individual's

death, the representative payee shall be liable for the repayment of the

overpayment, and the Commissioner of Social Security shall establish an

overpayment control record under the social security account number of

the representative payee.''.

    (c) Effective <<NOTE: Applicability. 42 USC 404 note.>> Date.--The

amendments made by this section shall apply to overpayments made 12

months or more after the date of the enactment of this Act.

 

42 USC 404

note.

 

[[Page 113 STAT. 1832]]

 

 

 

SEC. 202. RECOVERY OF OVERPAYMENTS OF SSI BENEFITS FROM LUMP SUM SSI

            BENEFIT PAYMENTS.

 

    (a) In General.--Section 1631(b)(1)(B)(ii) of the Social Security

Act (42 U.S.C. 1383(b)(1)(B)(ii)) is amended--

            (1) by inserting ``monthly'' before ``benefit payments'';

        and

            (2) by inserting ``and in the case of an individual or

        eligible spouse to whom a lump sum is payable under this title

        (including under section 1616(a) of this Act or under an

        agreement entered into under section 212(a) of Public Law 93-66)

        shall, as at least one means of recovering such overpayment,

        make the adjustment or recovery from the lump sum payment in an

        amount equal to not less than the lesser of the amount of the

        overpayment or 50 percent of the lump sum payment,'' before

        ``unless fraud''.

 

    (b) Effective <<NOTE: Applicability. 42 USC 1383 note.>> Date.--The

amendments made by this section shall take effect 12 months after the

date of the enactment of this Act and shall apply to amounts incorrectly

paid which remain outstanding on or after such date.

 

42 USC

1383 note.

 

SEC. 203. ADDITIONAL DEBT COLLECTION PRACTICES.

 

    (a) In General.--Section 1631(b) of the Social Security Act (42

U.S.C. 1383(b)) is amended--

            (1) by redesignating paragraphs (4) and (5) as paragraphs

        (5) and (6), respectively; and

            (2) by inserting after paragraph (3) the following:

 

    ``(4)(A) With respect to any delinquent amount, the Commissioner of

Social Security may use the collection practices described in sections

3711(f ), 3716, 3717, and 3718 of title 31, United States Code, and in

section 5514 of title 5, United States Code, all as in effect

immediately after the enactment of the Debt Collection Improvement Act

of 1996.

    ``(B) For purposes of subparagraph (A), the term `delinquent amount'

means an amount--

            ``(i) in excess of the correct amount of payment under this

        title;

            ``(ii) paid to a person after such person has attained 18

        years of age; and

            ``(iii) determined by the Commissioner of Social Security,

        under regulations, to be otherwise unrecoverable under this

        section after such person ceases to be a beneficiary under this

        title.''.

 

    (b) Conforming Amendments.--Section 3701(d)(2) of title 31, United

States Code, is amended by striking ``section 204(f )'' and inserting

``sections 204(f ) and 1631(b)(4)''.

    (c) Technical Amendments.--Section 204(f ) of the Social Security

Act (42 U.S.C. 404(f )) is amended--

            (1) by striking ``3711(e)'' and inserting ``3711(f )''; and

            (2) by inserting ``all'' before ``as in effect''.

 

    (d) Effective <<NOTE: Applicability. 31 USC 3701 note.>> Date.--The

amendments made by this section shall apply to debt outstanding on or

after the date of the enactment of this Act.

 

31 USC

3701 note.

 

[[Page 113 STAT. 1833]]

 

 

 

SEC. 204. REQUIREMENT TO PROVIDE STATE PRISONER INFORMATION TO FEDERAL

            AND FEDERALLY ASSISTED BENEFIT PROGRAMS.

 

    Section 1611(e)(1)(I)(ii)(II) of the Social Security Act (42 U.S.C.

1382(e)(1)(I)(ii)(II)) is amended by striking ``is authorized to'' and

inserting ``shall''.

 

SEC. 205. TREATMENT OF ASSETS HELD IN TRUST UNDER THE SSI PROGRAM.

 

    (a) Treatment as Resource.--Section 1613 of the Social Security Act

(42 U.S.C. 1382b) is amended by adding at the end the following:

 

                                ``Trusts

 

    ``(e)(1) <<NOTE: Applicability.>> In determining the resources of an

individual, paragraph (3) shall apply to a trust (other than a trust

described in paragraph (5)) established by the individual.

 

    ``(2)(A) For purposes of this subsection, an individual shall be

considered to have established a trust if any assets of the individual

(or of the individual's spouse) are transferred to the trust other than

by will.

    ``(B) In the case of an irrevocable trust to which are transferred

the assets of an individual (or of the individual's spouse) and the

assets of any other person, this subsection shall apply to the portion

of the trust attributable to the assets of the individual (or of the

individual's spouse).

    ``(C) This subsection shall apply to a trust without regard to--

            ``(i) the purposes for which the trust is established;

            ``(ii) whether the trustees have or exercise any discretion

        under the trust;

            ``(iii) any restrictions on when or whether distributions

        may be made from the trust; or

            ``(iv) any restrictions on the use of distributions from the

        trust.

 

    ``(3)(A) In the case of a revocable trust established by an

individual, the corpus of the trust shall be considered a resource

available to the individual.

    ``(B) In the case of an irrevocable trust established by an

individual, if there are any circumstances under which payment from the

trust could be made to or for the benefit of the individual (or of the

individual's spouse), the portion of the corpus from which payment to or

for the benefit of the individual (or of the individual's spouse) could

be made shall be considered a resource available to the individual.

    ``(4) The Commissioner of Social Security may waive the application

of this subsection with respect to an individual if the Commissioner

determines that such application would work an undue hardship (as

determined on the basis of criteria established by the Commissioner) on

the individual.

    ``(5) This subsection shall not apply to a trust described in

subparagraph (A) or (C) of section 1917(d)(4).

    ``(6) For purposes of this subsection--

            ``(A) the term `trust' includes any legal instrument or

        device that is similar to a trust;

 

[[Page 113 STAT. 1834]]

 

            ``(B) the term `corpus' means, with respect to a trust, all

        property and other interests held by the trust, including

        accumulated earnings and any other addition to the trust after

        its establishment (except that such term does not include any

        such earnings or addition in the month in which the earnings or

        addition is credited or otherwise transferred to the trust); and

            ``(C) the term `asset' includes any income or resource of

        the individual (or of the individual's spouse), including--

                    ``(i) any income excluded by section 1612(b);

                    ``(ii) any resource otherwise excluded by this

                section; and

                    ``(iii) any other payment or property to which the

                individual (or of the individual's spouse) is entitled

                but does not receive or have access to because of action

                by--

                          ``(I) the individual or spouse;

                          ``(II) a person or entity (including a court)

                      with legal authority to act in place of, or on

                      behalf of, the individual or spouse; or

                          ``(III) a person or entity (including a court)

                      acting at the direction of, or on the request of,

                      the individual or spouse.''.

 

    (b) Treatment as Income.--Section 1612(a)(2) of such Act (42 U.S.C.

1382a(a)(2)) is amended--

            (1) by striking ``and'' at the end of subparagraph (E);

            (2) by striking the period at the end of subparagraph (F)

        and inserting ``; and''; and

            (3) by adding at the end the following:

            ``(G) any earnings of, and additions to, the corpus of a

        trust established by an individual (within the meaning of

        section 1613(e)), of which the individual is a beneficiary, to

        which section 1613(e) applies, and, in the case of an

        irrevocable trust, with respect to which circumstances exist

        under which a payment from the earnings or additions could be

        made to or for the benefit of the individual.''.

 

    (c) Conforming Amendments.--Section 1902(a)(10) of the Social

Security Act (42 U.S.C. 1396a(a)(10)) is amended--

            (1) by striking ``and'' at the end of subparagraph (E);

            (2) by adding ``and'' at the end of subparagraph (F); and

            (3) by inserting after subparagraph (F) the following:

                    ``(G) that, in applying eligibility criteria of the

                supplemental security income program under title XVI for

                purposes of determining eligibility for medical

                assistance under the State plan of an individual who is

                not receiving supplemental security income, the State

                will disregard the provisions of section 1613(e);''.

 

    (d) Effective <<NOTE: Applicability. 42 USC 1382a note.>> Date.--The

amendments made by this section shall take effect on January 1, 2000,

and shall apply to trusts established on or after such date.

 

42 USC

1382a

note.

 

SEC. 206. DISPOSAL OF RESOURCES FOR LESS THAN FAIR MARKET VALUE UNDER

            THE SSI PROGRAM.

 

    (a) In General.--Section 1613(c) of the Social Security Act (42

U.S.C. 1382b(c)) is amended--

            (1) in the caption, by striking ``Notification of Medicaid

        Policy Restricting Eligibility of Institutionalized Individuals

        for Benefits Based on'';

 

[[Page 113 STAT. 1835]]

 

            (2) in paragraph (1)--

                    (A) in subparagraph (A)--

                          (i) by inserting ``paragraph (1) and'' after

                      ``provisions of'';

                          (ii) by striking ``title XIX'' the first place

                      it appears and inserting ``this title and title

                      XIX, respectively,'';

                          (iii) by striking ``subparagraph (B)'' and

                      inserting ``clause (ii)'';

                          (iv) by striking ``paragraph (2)'' and

                      inserting ``subparagraph (B)'';

                    (B) in subparagraph (B)--

                          (i) by striking ``by the State agency''; and

                          (ii) by striking ``section 1917(c)'' and all

                      that follows and inserting ``paragraph (1) or

                      section 1917(c).''; and

                    (C) by redesignating subparagraphs (A) and (B) as

                clauses (i) and (ii), respectively;

            (3) in paragraph (2)--

                    (A) by striking ``(2)'' and inserting ``(B)''; and

                    (B) by striking ``paragraph (1)(B)'' and inserting

                ``subparagraph (A)(ii)'';

            (4) by striking ``(c)(1)'' and inserting ``(2)(A)''; and

            (5) by inserting before paragraph (2) (as so redesignated by

        paragraph (4) of this subsection) the following:

 

    ``(c)(1)(A)(i) If an individual or the spouse of an individual

disposes of resources for less than fair market value on or after the

look-back date described in clause (ii)(I), the individual is ineligible

for benefits under this title for months during the period beginning on

the date described in clause (iii) and equal to the number of months

calculated as provided in clause (iv).

    ``(ii)(I) The look-back date described in this subclause is a date

that is 36 months before the date described in subclause (II).

    ``(II) The date described in this subclause is the date on which the

individual applies for benefits under this title or, if later, the date

on which the individual (or the spouse of the individual) disposes of

resources for less than fair market value.

    ``(iii) The date described in this clause is the first day of the

first month in or after which resources were disposed of for less than

fair market value and which does not occur in any other period of

ineligibility under this paragraph.

    ``(iv) The number of months calculated under this clause shall be

equal to--

            ``(I) the total, cumulative uncompensated value of all

        resources so disposed of by the individual (or the spouse of the

        individual) on or after the look-back date described in clause

        (ii)(I); divided by

            ``(II) the amount of the maximum monthly benefit payable

        under section 1611(b), plus the amount (if any) of the maximum

        State supplementary payment corresponding to the State's payment

        level applicable to the individual's living arrangement and

        eligibility category that would otherwise be payable to the

        individual by the Commissioner pursuant to an agreement under

        section 1616(a) of this Act or section 212(b) of Public Law 93-

        66, for the month in which occurs the date described in clause

        (ii)(II),

 

rounded, in the case of any fraction, to the nearest whole number, but

shall not in any case exceed 36 months.

 

[[Page 113 STAT. 1836]]

 

    ``(B)(i) Notwithstanding subparagraph (A), this subsection shall not

apply to a transfer of a resource to a trust if the portion of the trust

attributable to the resource is considered a resource available to the

individual pursuant to subsection (e)(3) (or would be so considered but

for the application of subsection (e)(4)).

    ``(ii) In the case of a trust established by an individual or an

individual's spouse (within the meaning of subsection (e)), if from such

portion of the trust, if any, that is considered a resource available to

the individual pursuant to subsection (e)(3) (or would be so considered

but for the application of subsection (e)(4)) or the residue of the

portion on the termination of the trust--

            ``(I) there is made a payment other than to or for the

        benefit of the individual; or

            ``(II) no payment could under any circumstance be made to

        the individual,

 

then, for purposes of this subsection, the payment described in clause

(I) or the foreclosure of payment described in clause (II) shall be

considered a transfer of resources by the individual or the individual's

spouse as of the date of the payment or foreclosure, as the case may be.

    ``(C) An individual shall not be ineligible for benefits under this

title by reason of the application of this paragraph to a disposal of

resources by the individual or the spouse of the individual, to the

extent that--

            ``(i) the resources are a home and title to the home was

        transferred to--

                    ``(I) the spouse of the transferor;

                    ``(II) a child of the transferor who has not

                attained 21 years of age, or is blind or disabled;

                    ``(III) a sibling of the transferor who has an

                equity interest in such home and who was residing in the

                transferor's home for a period of at least 1 year

                immediately before the date the transferor becomes an

                institutionalized individual; or

                    ``(IV) a son or daughter of the transferor (other

                than a child described in subclause (II)) who was

                residing in the transferor's home for a period of at

                least 2 years immediately before the date the transferor

                becomes an institutionalized individual, and who

                provided care to the transferor which permitted the

                transferor to reside at home rather than in such an

                institution or facility;

            ``(ii) the resources--

                    ``(I) were transferred to the transferor's spouse or

                to another for the sole benefit of the transferor's

                spouse;

                    ``(II) were transferred from the transferor's spouse

                to another for the sole benefit of the transferor's

                spouse;

                    ``(III) were transferred to, or to a trust

                (including a trust described in section 1917(d)(4))

                established solely for the benefit of, the transferor's

                child who is blind or disabled; or

                    ``(IV) were transferred to a trust (including a

                trust described in section 1917(d)(4)) established

                solely for the benefit of an individual who has not

                attained 65 years of age and who is disabled;

            ``(iii) a satisfactory showing is made to the Commissioner

        of Social Security (in accordance with regulations promulgated

        by the Commissioner) that--

 

[[Page 113 STAT. 1837]]

 

                    ``(I) the individual who disposed of the resources

                intended to dispose of the resources either at fair

                market value, or for other valuable consideration;

                    ``(II) the resources were transferred exclusively

                for a purpose other than to qualify for benefits under

                this title; or

                    ``(III) all resources transferred for less than fair

                market value have been returned to the transferor; or

            ``(iv) the Commissioner determines, under procedures

        established by the Commissioner, that the denial of eligibility

        would work an undue hardship as determined on the basis of

        criteria established by the Commissioner.

 

    ``(D) For purposes of this subsection, in the case of a resource

held by an individual in common with another person or persons in a

joint tenancy, tenancy in common, or similar arrangement, the resource

(or the affected portion of such resource) shall be considered to be

disposed of by the individual when any action is taken, either by the

individual or by any other person, that reduces or eliminates the

individual's ownership or control of such resource.

    ``(E) In the case of a transfer by the spouse of an individual that

results in a period of ineligibility for the individual under this

subsection, the Commissioner shall apportion the period (or any portion

of the period) among the individual and the individual's spouse if the

spouse becomes eligible for benefits under this title.

    ``(F) For purposes of this paragraph--

            ``(i) the term `benefits under this title' includes payments

        of the type described in section 1616(a) of this Act and of the

        type described in section 212(b) of Public Law 93-66;

            ``(ii) the term `institutionalized individual' has the

        meaning given such term in section 1917(e)(3); and

            ``(iii) the term `trust' has the meaning given such term in

        subsection (e)(6)(A) of this section.''.

 

    (b) Conforming Amendment.--Section 1902(a)(10) of the Social

Security Act (42 U.S.C. 1396a(a)(10)), as amended by section 205(c) of

this Act, is amended by striking ``section 1613(e)'' and inserting

``subsections (c) and (e) of section 1613''.

    (c) Effective <<NOTE: 42 USC 1382b note.>> Date.--The amendments

made by this section shall be effective with respect to disposals made

on or after the date of the enactment of this Act.

 

SEC. 207. ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES FOR FALSE OR

            MISLEADING STATEMENTS.

 

    (a) In General.--Part A of title XI of the Social Security Act (42

U.S.C. 1301 et seq.) is amended by inserting after section 1129 the

following:

 

``SEC. 1129A. <<NOTE: 42 USC 1320a-8a.>> ADMINISTRATIVE PROCEDURE FOR

            IMPOSING PENALTIES FOR FALSE OR MISLEADING STATEMENTS.

 

    ``(a) In General.--Any person who makes, or causes to be made, a

statement or representation of a material fact for use in determining

any initial or continuing right to or the amount of--

            ``(1) monthly insurance benefits under title II; or

            ``(2) benefits or payments under title XVI,

 

that the person knows or should know is false or misleading or knows or

should know omits a material fact or who makes such a statement with

knowing disregard for the truth shall be subject

 

[[Page 113 STAT. 1838]]

 

to, in addition to any other penalties that may be prescribed by law, a

penalty described in subsection (b) to be imposed by the Commissioner of

Social Security.

    ``(b) Penalty.--The penalty described in this subsection is--

            ``(1) nonpayment of benefits under title II that would

        otherwise be payable to the person; and

            ``(2) ineligibility for cash benefits under title XVI,

 

for each month that begins during the applicable period described in

subsection (c).

    ``(c) Duration of Penalty.--The duration of the applicable period,

with respect to a determination by the Commissioner under subsection (a)

that a person has engaged in conduct described in subsection (a), shall

be--

            ``(1) six consecutive months, in the case of the first such

        determination with respect to the person;

            ``(2) twelve consecutive months, in the case of the second

        such determination with respect to the person; and

            ``(3) twenty-four consecutive months, in the case of the

        third or subsequent such determination with respect to the

        person.

 

    ``(d) Effect on Other Assistance.--A person subject to a period of

nonpayment of benefits under title II or ineligibility for title XVI

benefits by reason of this section nevertheless shall be considered to

be eligible for and receiving such benefits, to the extent that the

person would be receiving or eligible for such benefits but for the

imposition of the penalty, for purposes of--

            ``(1) determination of the eligibility of the person for

        benefits under titles XVIII and XIX; and

            ``(2) determination of the eligibility or amount of benefits

        payable under title II or XVI to another person.

 

    ``(e) Definition.--In this section, the term `benefits under title

XVI' includes State supplementary payments made by the Commissioner

pursuant to an agreement under section 1616(a) of this Act or section

212(b) of Public Law 93-66.

    ``(f ) Consultations.--The Commissioner of Social Security shall

consult with the Inspector General of the Social Security Administration

regarding initiating actions under this section.''.

    (b) Conforming Amendment Precluding Delayed Retirement Credit for

any Month to Which a Nonpayment of Benefits Penalty Applies.--Section

202(w)(2)(B) of such Act (42 U.S.C. 402(w)(2)(B)) is amended--

            (1) by striking ``and'' at the end of clause (i);

            (2) by striking the period at the end of clause (ii) and

        inserting ``, and''; and

            (3) by adding at the end the following:

                    ``(iii) such individual was not subject to a penalty

                imposed under section 1129A.''.

 

    (c) Elimination of Redundant Provision.--Section 1611(e) of such Act

(42 U.S.C. 1382(e)) is amended--

            (1) by striking paragraph (4);

            (2) in paragraph (6)(A)(i), by striking ``(5)'' and

        inserting ``(4)''; and

            (3) by redesignating paragraphs (5) and (6) as paragraphs

        (4) and (5), respectively.

 

    (d) Regulations.--Within <<NOTE: Deadline. 42 USC 1320a-8a note.>> 6

months after the date of the enactment of this Act, the Commissioner of

Social Security shall develop regulations that prescribe the

administrative process for making

 

[[Page 113 STAT. 1839]]

 

determinations under section 1129A of the Social Security Act (including

when the applicable period in subsection (c) of such section shall

commence), and shall provide guidance on the exercise of discretion as

to whether the penalty should be imposed in particular cases.

 

42 USC

1320a-8a

note.

 

    (e) Effective <<NOTE: Applicability. 42 USC 402 note.>> Date.--The

amendments made by this section shall apply to statements and

representations made on or after the date of the enactment of this Act.

 

42 USC 402

note.

 

SEC. 208. EXCLUSION OF REPRESENTATIVES AND HEALTH CARE PROVIDERS

            CONVICTED OF VIOLATIONS FROM PARTICIPATION IN SOCIAL

            SECURITY PROGRAMS.

 

    (a) In General.--Part A of title XI of the Social Security Act is

amended by inserting before section 1137 (42 U.S.C. 1320b-7) the

                               following:

 

    ``Sec. 1136. <<NOTE: 42 USC 1320b-6.>> (a) In General.--The

Commissioner of Social Security shall exclude from participation in the

social security programs any representative or health care provider--

            ``(1) who is convicted of a violation of section 208 or 1632

        of this Act;

            ``(2) who is convicted of any violation under title 18,

        United States Code, relating to an initial application for or

        continuing entitlement to, or amount of, benefits under title II

        of this Act, or an initial application for or continuing

        eligibility for, or amount of, benefits under title XVI of this

        Act; or

            ``(3) who the Commissioner determines has committed an

        offense described in section 1129(a)(1) of this Act.

 

    ``(b) Notice, Effective Date, and Period of Exclusion.--(1) An

exclusion under this section shall be effective at such time, for such

period, and upon such reasonable notice to the public and to the

individual excluded as may be specified in regulations consistent with

paragraph (2).

    ``(2) Such an exclusion shall be effective with respect to services

furnished to any individual on or after the effective date of the

exclusion. Nothing in this section may be construed to preclude, in

determining disability under title II or title XVI, consideration of any

medical evidence derived from services provided by a health care

provider before the effective date of the exclusion of the health care

provider under this section.

    ``(3)(A) The Commissioner shall specify, in the notice of exclusion

under paragraph (1), the period of the exclusion.

    ``(B) Subject to subparagraph (C), in the case of an exclusion under

subsection (a), the minimum period of exclusion shall be 5 years, except

that the Commissioner may waive the exclusion in the case of an

individual who is the sole source of essential services in a community.

The Commissioner's decision whether to waive the exclusion shall not be

reviewable.

    ``(C) In the case of an exclusion of an individual under subsection

(a) based on a conviction or a determination described in subsection

(a)(3) occurring on or after the date of the enactment of this section,

if the individual has (before, on, or after such date of the enactment)

been convicted, or if such a determination has been made with respect to

the individual--

 

[[Page 113 STAT. 1840]]

 

            ``(i) on one previous occasion of one or more offenses for

        which an exclusion may be effected under such subsection, the

        period of the exclusion shall be not less than 10 years; or

            ``(ii) on two or more previous occasions of one or more

        offenses for which an exclusion may be effected under such

        subsection, the period of the exclusion shall be permanent.

 

    ``(c) Notice to State Agencies.--The Commissioner shall promptly

notify each appropriate State agency employed for the purpose of making

disability determinations under section 221 or 1633(a)--

            ``(1) of the fact and circumstances of each exclusion

        effected against an individual under this section; and

            ``(2) of the period (described in subsection (b)(3)) for

        which the State agency is directed to exclude the individual

        from participation in the activities of the State agency in the

        course of its employment.

 

    ``(d) Notice to State Licensing Agencies.--The Commissioner shall--

            ``(1) promptly notify the appropriate State or local agency

        or authority having responsibility for the licensing or

        certification of an individual excluded from participation under

        this section of the fact and circumstances of the exclusion;

            ``(2) request that appropriate investigations be made and

        sanctions invoked in accordance with applicable State law and

        policy; and

            ``(3) request that the State or local agency or authority

        keep the Commissioner and the Inspector General of the Social

        Security Administration fully and currently informed with

        respect to any actions taken in response to the request.

 

    ``(e) Notice, Hearing, and Judicial Review.--(1) Any individual who

is excluded (or directed to be excluded) from participation under this

section is entitled to reasonable notice and opportunity for a hearing

thereon by the Commissioner to the same extent as is provided in section

205(b), and to judicial review of the Commissioner's final decision

after such hearing as is provided in section 205(g).

    ``(2) <<NOTE: Applicability.>> The provisions of section 205(h)

shall apply with respect to this section to the same extent as it is

applicable with respect to title II.

 

    ``(f ) Application for Termination of Exclusion.--(1) An individual

excluded from participation under this section may apply to the

Commissioner, in the manner specified by the Commissioner in regulations

and at the end of the minimum period of exclusion provided under

subsection (b)(3) and at such other times as the Commissioner may

provide, for termination of the exclusion effected under this section.

    ``(2) The Commissioner may terminate the exclusion if the

Commissioner determines, on the basis of the conduct of the applicant

which occurred after the date of the notice of exclusion or which was

unknown to the Commissioner at the time of the exclusion, that--

            ``(A) there is no basis under subsection (a) for a

        continuation of the exclusion; and

            ``(B) there are reasonable assurances that the types of

        actions which formed the basis for the original exclusion have

        not recurred and will not recur.

 

[[Page 113 STAT. 1841]]

 

    ``(3) <<NOTE: Notification.>> The Commissioner shall promptly notify

each State agency employed for the purpose of making disability

determinations under section 221 or 1633(a) of the fact and

circumstances of each termination of exclusion made under this

subsection.

 

    ``(g) Availability of Records of Excluded Representatives and health

care providers.--Nothing in this section shall be construed to have the

effect of limiting access by any applicant or beneficiary under title II

or XVI, any State agency acting under section 221 or 1633(a), or the

Commissioner to records maintained by any representative or health care

provider in connection with services provided to the applicant or

beneficiary prior to the exclusion of such representative or health care

provider under this section.

    ``(h) Reporting <<NOTE: Regulations.>> Requirement.--Any

representative or health care provider participating in, or seeking to

participate in, a social security program shall inform the Commissioner,

in such form and manner as the Commissioner shall prescribe by

regulation, whether such representative or health care provider has been

convicted of a violation described in subsection (a).

 

    ``(i) Delegation of Authority.--The Commissioner may delegate

authority granted by this section to the Inspector General.

    ``( j) Definitions.--For purposes of this section:

            ``(1) Exclude.--The term `exclude' from participation

        means--

                    ``(A) in connection with a representative, to

                prohibit from engaging in representation of an applicant

                for, or recipient of, benefits, as a representative

                payee under section 205( j) or section

                1631(a)(2)(A)(ii), or otherwise as a representative, in

                any hearing or other proceeding relating to entitlement

                to benefits; and

                    ``(B) in connection with a health care provider, to

                prohibit from providing items or services to an

                applicant for, or recipient of, benefits for the purpose

                of assisting such applicant or recipient in

                demonstrating disability.

            ``(2) Social security program.--The term `social security

        programs' means the program providing for monthly insurance

        benefits under title II, and the program providing for monthly

        supplemental security income benefits to individuals under title

        XVI (including State supplementary payments made by the

        Commissioner pursuant to an agreement under section 1616(a) of

        this Act or section 212(b) of Public Law 93-66).

            ``(3) Convicted.--An individual is considered to have been

        `convicted' of a violation--

                    ``(A) when a judgment of conviction has been entered

                against the individual by a Federal, State, or local

                court, except if the judgment of conviction has been set

                aside or expunged;

                    ``(B) when there has been a finding of guilt against

                the individual by a Federal, State, or local court;

                    ``(C) when a plea of guilty or nolo contendere by

                the individual has been accepted by a Federal, State, or

                local court; or

                    ``(D) when the individual has entered into

                participation in a first offender, deferred

                adjudication, or other arrangement or program where

                judgment of conviction has been withheld.''.

 

[[Page 113 STAT. 1842]]

 

    (b) Effective <<NOTE: Applicability. 42 USC 1320b-6 note.>> Date.--

The amendment made by this section shall apply with respect to

convictions of violations described in paragraphs (1) and (2) of section

1136(a) of the Social Security Act and determinations described in

paragraph (3) of such section occurring on or after the date of the

enactment of this Act.

 

42 USC

1320b-6

note.

 

SEC. 209. <<NOTE: 42 USC 1306b.>> STATE DATA EXCHANGES.

 

    Whenever the Commissioner of Social Security requests information

from a State for the purpose of ascertaining an individual's eligibility

for benefits (or the correct amount of such benefits) under title II or

XVI of the Social Security Act, the standards of the Commissioner

promulgated pursuant to section 1106 of such Act or any other Federal

law for the use, safeguarding, and disclosure of information are deemed

to meet any standards of the State that would otherwise apply to the

disclosure of information by the State to the Commissioner.

 

SEC. 210. <<NOTE: 42 USC 1320a-8 note.>> STUDY ON POSSIBLE MEASURES TO

            IMPROVE FRAUD PREVENTION AND ADMINISTRATIVE PROCESSING.

 

    (a) Study.--As soon as practicable after the date of the enactment

of this Act, the Commissioner of Social Security, in consultation with

the Inspector General of the Social Security Administration and the

Attorney General, shall conduct a study of possible measures to

improve--

            (1) prevention of fraud on the part of individuals entitled

        to disability benefits under section 223 of the Social Security

        Act or benefits under section 202 of such Act based on the

        beneficiary's disability, individuals eligible for supplemental

        security income benefits under title XVI of such Act, and

        applicants for any such benefits; and

            (2) timely processing of reported income changes by

        individuals receiving such benefits.

 

    (b) Report.--Not <<NOTE: Deadline.>> later than 1 year after the

date of the enactment of this Act, 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 written report that contains the

results of the Commissioner's study under subsection (a). The report

shall contain such recommendations for legislative and administrative

changes as the Commissioner considers appropriate.

 

SEC. 211. ANNUAL REPORT ON AMOUNTS NECESSARY TO COMBAT FRAUD.

 

    (a) In General.--Section 704(b)(1) of the Social Security Act (42

U.S.C. 904(b)(1)) is amended--

            (1) by inserting ``(A)'' after ``(b)(1)''; and

            (2) by adding at the end the following new subparagraph:

 

    ``(B) The Commissioner shall include in the annual budget prepared

pursuant to subparagraph (A) an itemization of the amount of funds

required by the Social Security Administration for the fiscal year

covered by the budget to support efforts to combat fraud committed by

applicants and beneficiaries.''.

    (b) Effective <<NOTE: Applicability. 42 USC 904 note.>> Date.--The

amendments made by this section shall apply with respect to annual

budgets prepared for fiscal years after fiscal year 1999.

 

42 USC 904

note.

 

[[Page 113 STAT. 1843]]

 

 

 

SEC. 212. COMPUTER MATCHES WITH MEDICARE AND MEDICAID

            INSTITUTIONALIZATION DATA.

 

    (a) In General.--Section 1611(e)(1) of the Social Security Act (42

U.S.C. 1382(e)(1)) is amended by adding at the end the following:

    ``(J) For the purpose of carrying out this paragraph, the

Commissioner of Social Security shall conduct periodic computer matches

with data maintained by the Secretary of Health and Human Services under

title XVIII or XIX. The Secretary shall furnish to the Commissioner, in

such form and manner and under such terms as the Commissioner and the

Secretary shall mutually agree, such information as the Commissioner may

request for this purpose. Information obtained pursuant to such a match

may be substituted for the physician's certification otherwise required

under subparagraph (G)(i).''.

    (b) Conforming Amendment.--Section 1611(e)(1)(G) of such Act (42

U.S.C. 1382(e)(1)(G)) is amended by striking ``subparagraph (H)'' and

inserting ``subparagraph (H) or (J)''.

 

SEC. 213. ACCESS TO INFORMATION HELD BY FINANCIAL INSTITUTIONS.

 

    Section 1631(e)(1)(B) of the Social Security Act (42 U.S.C.

1383(e)(1)(B)) is amended--

            (1) by striking ``(B) The'' and inserting ``(B)(i) The'';

        and

            (2) by adding at the end the following new clause:

 

    ``(ii)(I) The Commissioner of Social Security may require each

applicant for, or recipient of, benefits under this title to provide

authorization by the applicant or recipient (or by any other person

whose income or resources are material to the determination of the

eligibility of the applicant or recipient for such benefits) for the

Commissioner to obtain (subject to the cost reimbursement requirements

of section 1115(a) of the Right to Financial Privacy Act) from any

financial institution (within the meaning of section 1101(1) of such

Act) any financial record (within the meaning of section 1101(2) of such

Act) held by the institution with respect to the applicant or recipient

(or any such other person) whenever the Commissioner determines the

record is needed in connection with a determination with respect to such

eligibility or the amount of such benefits.

    ``(II) Notwithstanding section 1104(a)(1) of the Right to Financial

Privacy Act, an authorization provided by an applicant or recipient (or

any other person whose income or resources are material to the

determination of the eligibility of the applicant or recipient) pursuant

to subclause (I) of this clause shall remain effective until the

earliest of--

            ``(aa) the rendering of a final adverse decision on the

        applicant's application for eligibility for benefits under this

        title;

            ``(bb) the cessation of the recipient's eligibility for

        benefits under this title; or

            ``(cc) the express revocation by the applicant or recipient

        (or such other person referred to in subclause (I)) of the

        authorization, in a written notification to the Commissioner.

 

    ``(III)(aa) An authorization obtained by the Commissioner of Social

Security pursuant to this clause shall be considered to meet the

requirements of the Right to Financial Privacy Act for purposes of

section 1103(a) of such Act, and need not be furnished to the financial

institution, notwithstanding section 1104(a) of such Act.

 

[[Page 113 STAT. 1844]]

 

    ``(bb) The certification requirements of section 1103(b) of the

Right to Financial Privacy Act shall not apply to requests by the

Commissioner of Social Security pursuant to an authorization provided

under this clause.

    ``(cc) A request by the Commissioner pursuant to an authorization

provided under this clause is deemed to meet the requirements of section

1104(a)(3) of the Right to Financial Privacy Act and the flush language

of section 1102 of such Act.

    ``(IV) The Commissioner shall inform any person who provides

authorization pursuant to this clause of the duration and scope of the

authorization.

    ``(V) If an applicant for, or recipient of, benefits under this

title (or any such other person referred to in subclause (I)) refuses to

provide, or revokes, any authorization made by the applicant or

recipient for the Commissioner of Social Security to obtain from any

financial institution any financial record, the Commissioner may, on

that basis, determine that the applicant or recipient is ineligible for

benefits under this title.''.

 

         Subtitle B--Benefits For Certain World War II Veterans

 

SEC. 251. ESTABLISHMENT OF PROGRAM OF SPECIAL BENEFITS FOR CERTAIN WORLD

            WAR II VETERANS.

 

    (a) In General.--The Social Security Act is amended by inserting

after title VII the following new title:

 

    ``TITLE VIII--SPECIAL BENEFITS FOR CERTAIN WORLD WAR II VETERANS

 

                           ``Table of Contents

 

``Sec. 801. Basic entitlement to benefits.

``Sec. 802. Qualified individuals.

``Sec. 803. Residence outside the United States.

``Sec. 804. Disqualifications.

``Sec. 805. Benefit amount.

``Sec. 806. Applications and furnishing of information.

``Sec. 807. Representative payees.

``Sec. 808. Overpayments and underpayments.

``Sec. 809. Hearings and review.

``Sec. 810. Other administrative provisions.

``Sec. 811. Penalties for fraud.

``Sec. 812. Definitions.

``Sec. 813. Appropriations.

 

``SEC. 801. <<NOTE: 42 USC 1001.>> BASIC ENTITLEMENT TO BENEFITS.

 

    ``Every individual who is a qualified individual under section 802

shall, in accordance with and subject to the provisions of this title,

be entitled to a monthly benefit paid by the Commissioner of Social

Security for each month after September 2000 (or such earlier month, if

the Commissioner determines is administratively feasible) the individual

resides outside the United States.

 

``SEC. 802. <<NOTE: 42 USC 1002.>> QUALIFIED INDIVIDUALS.

 

    ``Except as otherwise provided in this title, an individual--

            ``(1) who has attained the age of 65 on or before the date

        of the enactment of this title;

 

[[Page 113 STAT. 1845]]

 

            ``(2) who is a World War II veteran;

            ``(3) who is eligible for a supplemental security income

        benefit under title XVI for--

                    ``(A) the month in which this title is enacted; and

                    ``(B) the month in which the individual files an

                application for benefits under this title;

            ``(4) whose total benefit income is less than 75 percent of

        the Federal benefit rate under title XVI;

            ``(5) who has filed an application for benefits under this

        title; and

            ``(6) who is in compliance with all requirements imposed by

        the Commissioner of Social Security under this title,

 

shall be a qualified individual for purposes of this title.

 

``SEC. 803. <<NOTE: 42 USC 1003.>> RESIDENCE OUTSIDE THE UNITED STATES.

 

    ``For purposes of section 801, with respect to any month, an

individual shall be regarded as residing outside the United States if,

on the first day of the month, the individual so resides outside the

United States.

 

``SEC. 804. <<NOTE: 42 USC 1004.>> DISQUALIFICATIONS.

 

    ``(a) In General.--Notwithstanding section 802, an individual may

not be a qualified individual for any month--

            ``(1) that begins after the month in which the Commissioner

        of Social Security is notified by the Attorney General that the

        individual has been removed from the United States pursuant to

        section 237(a) or 212(a)(6)(A) of the Immigration and

        Nationality Act and before the month in which the individual is

        lawfully admitted to the United States for permanent residence;

            ``(2) during any part of which the individual is fleeing to

        avoid prosecution, or custody or confinement after conviction,

        under the laws of the United States or the jurisdiction within

        the United States from which the person has fled, for a crime,

        or an attempt to commit a crime, that is a felony under the laws

        of the place from which the individual has fled, or which, in

        the case of the State of New Jersey, is a high misdemeanor under

        the laws of such State;

            ``(3) during any part of which the individual violates a

        condition of probation or parole imposed under Federal or State

        law; or

            ``(4) during which the individual resides in a foreign

        country and is not a citizen or national of the United States if

        payments for such month to individuals residing in such country

        are withheld by the Treasury Department under section 3329 of

        title 31, United States Code.

 

    ``(b) Requirement <<NOTE: Notification.>> for Attorney General.--For

the purpose of carrying out subsection (a)(1), the Attorney General

shall notify the Commissioner of Social Security as soon as practicable

after the removal of any individual under section 237(a) or 212(a)(6)(A)

of the Immigration and Nationality Act.

 

``SEC. 805. <<NOTE: 42 USC 1005.>> BENEFIT AMOUNT.

 

    ``The benefit under this title payable to a qualified individual for

any month shall be in an amount equal to 75 percent of the Federal

benefit rate under title XVI for the month, reduced by the amount of the

qualified individual's benefit income for the month.

 

[[Page 113 STAT. 1846]]

 

``SEC. 806. <<NOTE: 42 USC 1006.>> APPLICATIONS AND FURNISHING OF

            INFORMATION.

 

    ``(a) In General.--The Commissioner of Social Security shall,

subject to subsection (b), prescribe such requirements with respect to

the filing of applications, the furnishing of information and other

material, and the reporting of events and changes in circumstances, as

may be necessary for the effective and efficient administration of this

title.

    ``(b) Verification Requirement.--The requirements prescribed by the

Commissioner of Social Security under subsection (a) shall preclude any

determination of entitlement to benefits under this title solely on the

basis of declarations by the individual concerning qualifications or

other material facts, and shall provide for verification of material

information from independent or collateral sources, and the procurement

of additional information as necessary in order to ensure that the

benefits are provided only to qualified individuals (or their

representative payees) in correct amounts.

 

``SEC. 807. <<NOTE: 42 USC 1007.>> REPRESENTATIVE PAYEES.

 

    ``(a) In General.--If the Commissioner of Social Security determines

that the interest of any qualified individual under this title would be

served thereby, payment of the qualified individual's benefit under this

title may be made, regardless of the legal competency or incompetency of

the qualified individual, either directly to the qualified individual,

or for his or her benefit, to another person (the meaning of which term,

for purposes of this section, includes an organization) with respect to

whom the requirements of subsection (b) have been met (in this section

referred to as the qualified individual's `representative payee'). If

the Commissioner of Social Security determines that a representative

payee has misused any benefit paid to the representative payee pursuant

to this section, section 205( j), or section 1631(a)(2), the

Commissioner of Social Security shall promptly revoke the person's

designation as the qualified individual's representative payee under

this subsection, and shall make payment to an alternative representative

payee or, if the interest of the qualified individual under this title

would be served thereby, to the qualified individual.

    ``(b) Examination of Fitness of Prospective Representative Payee.--

            ``(1) Any determination under subsection (a) to pay the

        benefits of a qualified individual to a representative payee

        shall be made on the basis of--

                    ``(A) an investigation by the Commissioner of Social

                Security of the person to serve as representative payee,

                which shall be conducted in advance of the determination

                and shall, to the extent practicable, include a face-to-

                face interview with the person (or, in the case of an

                organization, a representative of the organization); and

                    ``(B) adequate evidence that the arrangement is in

                the interest of the qualified individual.

            ``(2) As part of the investigation referred to in paragraph

        (1), the Commissioner of Social Security shall--

                    ``(A) require the person being investigated to

                submit documented proof of the identity of the person;

                    ``(B) in the case of a person who has a social

                security account number issued for purposes of the

                program under title II or an employer identification

                number issued for

 

[[Page 113 STAT. 1847]]

 

                purposes of the Internal Revenue Code of 1986, verify

                the number;

                    ``(C) determine whether the person has been

                convicted of a violation of section 208, 811, or 1632;

                and

                    ``(D) determine whether payment of benefits to the

                person in the capacity as representative payee has been

                revoked or terminated pursuant to this section, section

                205( j), or section 1631(a)(2)(A)(iii) by reason of

                misuse of funds paid as benefits under this title, title

                II, or XVI, respectively.

 

    ``(c) Requirement for Maintaining Lists of Undesirable Payees.--The

Commissioner of Social Security shall establish and maintain lists which

shall be updated periodically and which shall be in a form that renders

such lists available to the servicing offices of the Social Security

Administration. The lists shall consist of--

            ``(1) the names and (if issued) social security account

        numbers or employer identification numbers of all persons with

        respect to whom, in the capacity of representative payee, the

        payment of benefits has been revoked or terminated under this

        section, section 205( j), or section 1631(a)(2)(A)(iii) by

        reason of misuse of funds paid as benefits under this title,

        title II, or XVI, respectively; and

            ``(2) the names and (if issued) social security account

        numbers or employer identification numbers of all persons who

        have been convicted of a violation of section 208, 811, or 1632.

 

    ``(d) Persons Ineligible To Serve as Representative Payees.--

            ``(1) In general.--The benefits of a qualified individual

        may not be paid to any other person pursuant to this section

        if--

                    ``(A) the person has been convicted of a violation

                of section 208, 811, or 1632;

                    ``(B) except as provided in paragraph (2), payment

                of benefits to the person in the capacity of

                representative payee has been revoked or terminated

                under this section, section 205( j), or section

                1631(a)(2)(A)(ii) by reason of misuse of funds paid as

                benefits under this title, title II, or title XVI,

                respectively; or

                    ``(C) except as provided in paragraph (2)(B), the

                person is a creditor of the qualified individual and

                provides the qualified individual with goods or services

                for consideration.

            ``(2) Exemptions.--

                    ``(A) The Commissioner of Social Security may

                prescribe circumstances under which the Commissioner of

                Social Security may grant an exemption from paragraph

                (1) to any person on a case-by-case basis if the

                exemption is in the best interest of the qualified

                individual whose benefits would be paid to the person

                pursuant to this section.

                    ``(B) Paragraph (1)(C) shall not apply with respect

                to any person who is a creditor referred to in such

                paragraph if the creditor is--

                          ``(i) a relative of the qualified individual

                      and the relative resides in the same household as

                      the qualified individual;

                          ``(ii) a legal guardian or legal

                      representative of the individual;

 

[[Page 113 STAT. 1848]]

 

                          ``(iii) a facility that is licensed or

                      certified as a care facility under the law of the

                      political jurisdiction in which the qualified

                      individual resides;

                          ``(iv) a person who is an administrator,

                      owner, or employee of a facility referred to in

                      clause (iii), if the qualified individual resides

                      in the facility, and the payment to the facility

                      or the person is made only after the Commissioner

                      of Social Security has made a good faith effort to

                      locate an alternative representative payee to whom

                      payment would serve the best interests of the

                      qualified individual; or

                          ``(v) a person who is determined by the

                      Commissioner of Social Security, on the basis of

                      written findings and pursuant to procedures

                      prescribed by the Commissioner of Social Security,

                      to be acceptable to serve as a representative

                      payee.

                    ``(C) The procedures referred to in subparagraph

                (B)(v) shall require the person who will serve as

                representative payee to establish, to the satisfaction

                of the Commissioner of Social Security, that--

                          ``(i) the person poses no risk to the

                      qualified individual;

                          ``(ii) the financial relationship of the

                      person to the qualified individual poses no

                      substantial conflict of interest; and

                          ``(iii) no other more suitable representative

                      payee can be found.

 

    ``(e) Deferral of Payment Pending Appointment of Representative

Payee.--

            ``(1) In general.--Subject to paragraph (2), if the

        Commissioner of Social Security makes a determination described

        in the first sentence of subsection (a) with respect to any

        qualified individual's benefit and determines that direct

        payment of the benefit to the qualified individual would cause

        substantial harm to the qualified individual, the Commissioner

        of Social Security may defer (in the case of initial

        entitlement) or suspend (in the case of existing entitlement)

        direct payment of the benefit to the qualified individual, until

        such time as the selection of a representative payee is made

        pursuant to this section.

            ``(2) Time limitation.--

                    ``(A) In general.--Except as provided in

                subparagraph (B), any deferral or suspension of direct

                payment of a benefit pursuant to paragraph (1) shall be

                for a period of not more than 1 month.

                    ``(B) Exception in the case of incompetency.--

                Subparagraph (A) shall not apply in any case in which

                the qualified individual is, as of the date of the

                Commissioner of Social Security's determination, legally

                incompetent under the laws of the jurisdiction in which

                the individual resides.

            ``(3) Payment of retroactive benefits.--Payment of any

        benefits which are deferred or suspended pending the selection

        of a representative payee shall be made to the qualified

        individual or the representative payee as a single sum or over

        such period of time as the Commissioner of Social Security

        determines is in the best interest of the qualified individual.

 

[[Page 113 STAT. 1849]]

 

    ``(f ) Hearing.--Any qualified individual who is dissatisfied with a

determination by the Commissioner of Social Security to make payment of

the qualified individual's benefit to a representative payee under

subsection (a) of this section or with the designation of a particular

person to serve as representative payee shall be entitled to a hearing

by the Commissioner of Social Security to the same extent as is provided

in section 809(a), and to judicial review of the Commissioner of Social

Security's final decision as is provided in section 809(b).

    ``(g) Notice Requirements.--

            ``(1) In general.--In advance, to the extent practicable, of

        the payment of a qualified individual's benefit to a

        representative payee under subsection (a), the Commissioner of

        Social Security shall provide written notice of the

        Commissioner's initial determination to so make the payment. The

        notice shall be provided to the qualified individual, except

        that, if the qualified individual is legally incompetent, then

        the notice shall be provided solely to the legal guardian or

        legal representative of the qualified individual.

            ``(2) Specific requirements.--Any notice required by

        paragraph (1) shall be clearly written in language that is

        easily understandable to the reader, shall identify the person

        to be designated as the qualified individual's representative

        payee, and shall explain to the reader the right under

        subsection (f ) of the qualified individual or of the qualified

        individual's legal guardian or legal representative--

                    ``(A) to appeal a determination that a

                representative payee is necessary for the qualified

                individual;

                    ``(B) to appeal the designation of a particular

                person to serve as the representative payee of the

                qualified individual; and

                    ``(C) to review the evidence upon which the

                designation is based and to submit additional evidence.

 

    ``(h) Accountability Monitoring.--

            ``(1) In <<NOTE: Reports.>> general.--In any case where

        payment under this title is made to a person other than the

        qualified individual entitled to the payment, the Commissioner

        of Social Security shall establish a system of accountability

        monitoring under which the person shall report not less often

        than annually with respect to the use of the payments. The

        Commissioner of Social Security shall establish and implement

        statistically valid procedures for reviewing the reports in

        order to identify instances in which persons are not properly

        using the payments.

            ``(2) Special reports.--Notwithstanding paragraph (1), the

        Commissioner of Social Security may require a report at any time

        from any person receiving payments on behalf of a qualified

        individual, if the Commissioner of Social Security has reason to

        believe that the person receiving the payments is misusing the

        payments.

            ``(3) Maintaining lists of payees.--The Commissioner of

        Social Security shall maintain lists which shall be updated

        periodically of--

                    ``(A) the name, address, and (if issued) the social

                security account number or employer identification

                number of each representative payee who is receiving

                benefit payments pursuant to this section, section 205(

                j), or section 1631(a)(2); and

 

[[Page 113 STAT. 1850]]

 

                    ``(B) the name, address, and social security account

                number of each individual for whom each representative

                payee is reported to be providing services as

                representative payee pursuant to this section, section

                205( j), or section 1631(a)(2).

            ``(4) Maintaining lists of agencies.--The Commissioner of

        Social Security shall maintain lists, which shall be updated

        periodically, of public agencies and community-based nonprofit

        social service agencies which are qualified to serve as

        representative payees pursuant to this section and which are

        located in the jurisdiction in which any qualified individual

        resides.

 

    ``(i) Restitution.--In any case 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 make payment to the

qualified individual or the individual's alternative representative

payee of an amount equal to the misused benefits. The Commissioner of

Social Security shall make a good faith effort to obtain restitution

from the terminated representative payee.

 

``SEC. 808. <<NOTE: 42 USC 1008.>> OVERPAYMENTS AND UNDERPAYMENTS.

 

    ``(a) In General.--Whenever the Commissioner of Social Security

finds that more or less than the correct amount of payment has been made

to any person under this title, proper adjustment or recovery shall be

made, as follows:

            ``(1) With respect to payment to a person of more than the

        correct amount, the Commissioner of Social Security shall

        decrease any payment--

                    ``(A) under this title to which the overpaid person

                (if a qualified individual) is entitled, or shall

                require the overpaid person or his or her estate to

                refund the amount in excess of the correct amount, or,

                if recovery is not obtained under these two methods,

                shall seek or pursue recovery by means of reduction in

                tax refunds based on notice to the Secretary of the

                Treasury, as authorized under section 3720A of title 31,

                United States Code; or

                    ``(B) under title II to recover the amount in excess

                of the correct amount, if the person is not currently

                eligible for payment under this title.

            ``(2) With respect to payment of less than the correct

        amount to a qualified individual who, at the time the

        Commissioner of Social Security is prepared to take action with

        respect to the underpayment--

                    ``(A) is living, the Commissioner of Social Security

                shall make payment to the qualified individual (or the

                qualified individual's representative payee designated

                under section 807) of the balance of the amount due the

                underpaid qualified individual; or

                    ``(B) is deceased, the balance of the amount due

                shall revert to the general fund of the Treasury.

 

    ``(b) No Effect on Title VIII Eligibility or Benefit Amount.--In any

case in which the Commissioner of Social Security takes action in

accordance with subsection (a)(1)(B) to recover an amount incorrectly

paid to an individual, that individual shall not, as a result of such

action--

            ``(1) become qualified for benefits under this title; or

 

[[Page 113 STAT. 1851]]

 

            ``(2) if such individual is otherwise so qualified, become

        qualified for increased benefits under this title.

 

    ``(c) Waiver of Recovery of Overpayment.--In any case in which more

than the correct amount of payment has been made, there shall be no

adjustment of payments to, or recovery by the United States from, any

person who is without fault if the Commissioner of Social Security

determines that the adjustment or recovery would defeat the purpose of

this title or would be against equity and good conscience.

    ``(d) Limited Immunity for Disbursing Officers.--A disbursing

officer may not be held liable for any amount paid by the officer if the

adjustment or recovery of the amount is waived under subsection (b), or

adjustment under subsection (a) is not completed before the death of the

qualified individual against whose benefits deductions are authorized.

    ``(e) Authorized Collection Practices.--

            ``(1) In general.--With respect to any delinquent amount,

        the Commissioner of Social Security may use the collection

        practices described in sections 3711(e), 3716, and 3718 of title

        31, United States Code, as in effect on October 1, 1994.

            ``(2) Definition.--For purposes of paragraph (1), the term

        `delinquent amount' means an amount--

                    ``(A) in excess of the correct amount of the payment

                under this title; and

                    ``(B) determined by the Commissioner of Social

                Security to be otherwise unrecoverable under this

                section from a person who is not a qualified individual

                under this title.

 

``SEC. 809. <<NOTE: 42 USC 1009.>> HEARINGS AND REVIEW.

 

    ``(a) Hearings.--

            ``(1) In general.--The Commissioner of Social Security shall

        make findings of fact and decisions as to the rights of any

        individual applying for payment under this

        title. <<NOTE: Notice.>> The Commissioner of Social Security

        shall provide reasonable notice and opportunity for a hearing to

        any individual who is or claims to be a qualified individual and

        is in disagreement with any determination under this title with

        respect to entitlement to, or the amount of, benefits under this

        title, if the individual requests a hearing on the matter in

        disagreement within 60 days after notice of the determination is

        received, and, if a hearing is held, shall, on the basis of

        evidence adduced at the hearing affirm, modify, or reverse the

        Commissioner of Social Security's findings of fact and the

        decision. The Commissioner of Social Security may, on the

        Commissioner of Social Security's own motion, hold such hearings

        and conduct such investigations and other proceedings as the

        Commissioner of Social Security deems necessary or proper for

        the administration of this title. In the course of any hearing,

        investigation, or other proceeding, the Commissioner may

        administer oaths and affirmations, examine witnesses, and

        receive evidence. Evidence may be received at any hearing before

        the Commissioner of Social Security even though inadmissible

        under the rules of evidence applicable to court procedure. The

        Commissioner of Social Security shall specifically take into

        account any physical, mental, educational, or linguistic

        limitation of the individual (including any lack of facility

        with the English language) in determining, with respect to the

        entitlement of the individual

 

[[Page 113 STAT. 1852]]

 

        for benefits under this title, whether the individual acted in

        good faith or was at fault, and in determining fraud, deception,

        or intent.

            ``(2) Effect of failure to timely request review.--A failure

        to timely request review of an initial adverse determination

        with respect to an application for any payment under this title

        or an adverse determination on reconsideration of such an

        initial determination shall not serve as a basis for denial of a

        subsequent application for any payment under this title if the

        applicant demonstrates that the applicant failed to so request

        such a review acting in good faith reliance upon incorrect,

        incomplete, or misleading information, relating to the

        consequences of reapplying for payments in lieu of seeking

        review of an adverse determination, provided by any officer or

        employee of the Social Security Administration.

            ``(3) Notice requirements.--In any notice of an adverse

        determination with respect to which a review may be requested

        under paragraph (1), the Commissioner of Social Security shall

        describe in clear and specific language the effect on possible

        entitlement to benefits under this title of choosing to reapply

        in lieu of requesting review of the determination.

 

    ``(b) Judicial Review.--The final determination of the Commissioner

of Social Security after a hearing under subsection (a)(1) shall be

subject to judicial review as provided in section 205(g) to the same

extent as the Commissioner of Social Security's final determinations

under section 205.

 

``SEC. 810. <<NOTE: 42 USC 1010.>> OTHER ADMINISTRATIVE PROVISIONS.

 

    ``(a) Regulations and Administrative Arrangements.--The Commissioner

of Social Security may prescribe such regulations, and make such

administrative and other arrangements, as may be necessary or

appropriate to carry out this title.

    ``(b) Payment of Benefits.--Benefits under this title shall be paid

at such time or times and in such installments as the Commissioner of

Social Security determines are in the interests of economy and

efficiency.

    ``(c) Entitlement Redeterminations.--An individual's entitlement to

benefits under this title, and the amount of the benefits, may be

redetermined at such time or times as the Commissioner of Social

Security determines to be appropriate.

    ``(d) Suspension and Termination of Benefits.--Regulations

prescribed by the Commissioner of Social Security under subsection (a)

may provide for the suspension and termination of entitlement to

benefits under this title as the Commissioner determines is appropriate.

 

``SEC. 811. <<NOTE: 42 USC 1011.>> PENALTIES FOR FRAUD.

 

    ``(a) In General.--Whoever--

            ``(1) knowingly and willfully makes or causes to be made any

        false statement or representation of a material fact in an

        application for benefits under this title;

            ``(2) at any time knowingly and willfully makes or causes to

        be made any false statement or representation of a material fact

        for use in determining any right to the benefits;

            ``(3) having knowledge of the occurrence of any event

        affecting--

                    ``(A) his or her initial or continued right to the

                benefits; or

 

[[Page 113 STAT. 1853]]

 

                    ``(B) the initial or continued right to the benefits

                of any other individual in whose behalf he or she has

                applied for or is receiving the benefit,

        conceals or fails to disclose the event with an intent

        fraudulently to secure the benefit either in a greater amount or

        quantity than is due or when no such benefit is authorized; or

            ``(4) having made application to receive any such benefit

        for the use and benefit of another and having received it,

        knowingly and willfully converts the benefit or any part thereof

        to a use other than for the use and benefit of the other

        individual,

 

shall be fined under title 18, United States Code, imprisoned not more

than 5 years, or both.

    ``(b) Restitution by Representative Payee.--If a person or

organization violates subsection (a) in the person's or organization's

role as, or in applying to become, a representative payee under section

807 on behalf of a qualified individual, and the violation includes a

willful misuse of funds by the person or entity, the court may also

require that full or partial restitution of funds be made to the

qualified individual.

 

``SEC. 812. <<NOTE: 42 USC 1012.>> DEFINITIONS.

 

    ``In this title:

            ``(1) World war ii veteran.--The term `World War II veteran'

        means a person who--

                    ``(A) served during World War II--

                          ``(i) in the active military, naval, or air

                      service of the United States during World War II;

                      or

                          ``(ii) in the organized military forces of the

                      Government of the Commonwealth of the Philippines,

                      while the forces were in the service of the Armed

                      Forces of the United States pursuant to the

                      military order of the President dated July 26,

                      1941, including among the military forces

                      organized guerrilla forces under commanders

                      appointed, designated, or subsequently recognized

                      by the Commander in Chief, Southwest Pacific Area,

                      or other competent authority in the Army of the

                      United States, in any case in which the service

                      was rendered before December 31, 1946; and

                    ``(B) was discharged or released therefrom under

                conditions other than dishonorable--

                          ``(i) after service of 90 days or more; or

                          ``(ii) because of a disability or injury

                      incurred or aggravated in the line of active duty.

            ``(2) World war ii.--The term `World War II' means the

        period beginning on September 16, 1940, and ending on July 24,

        1947.

            ``(3) Supplemental security income benefit under title

        xvi.--The term `supplemental security income benefit under title

        XVI', except as otherwise provided, includes State supplementary

        payments which are paid by the Commissioner of Social Security

        pursuant to an agreement under section 1616(a) of this Act or

        section 212(b) of Public Law 93-66.

            ``(4) Federal benefit rate under title xvi.--The term

        `Federal benefit rate under title XVI' means, with respect to

        any month, the amount of the supplemental security income

 

[[Page 113 STAT. 1854]]

 

        cash benefit (not including any State supplementary payment

        which is paid by the Commissioner of Social Security pursuant to

        an agreement under section 1616(a) of this Act or section 212(b)

        of Public Law 93-66) payable under title XVI for the month to an

        eligible individual with no income.

            ``(5) United states.--The term `United States' means,

        notwithstanding section 1101(a)(1), only the 50 States, the

        District of Columbia, and the Commonwealth of the Northern

        Mariana Islands.

            ``(6) Benefit income.--The term `benefit income' means any

        recurring payment received by a qualified individual as an

        annuity, pension, retirement, or disability benefit (including

        any veterans' compensation or pension, workmen's compensation

        payment, old-age, survivors, or disability insurance benefit,

        railroad retirement annuity or pension, and unemployment

        insurance benefit), but only if a similar payment was received

        by the individual from the same (or a related) source during the

        12-month period preceding the month in which the individual

        files an application for benefits under this title.

 

``SEC. 813. <<NOTE: 42 USC 1013.>> APPROPRIATIONS.

 

    ``There are hereby appropriated for fiscal year 2000 and subsequent

fiscal years, out of any funds in the Treasury not otherwise

appropriated, such sums as may be necessary to carry out this title.''.

    (b) Conforming Amendments.--

            (1) Social security trust funds lae account.--Section 201(g)

        of such Act (42 U.S.C. 401(g)) is amended--

                    (A) in the fourth sentence of paragraph (1)(A), by

                inserting after ``this title,'' the following: ``title

                VIII,'';

                    (B) in paragraph (1)(B)(i)(I), by inserting after

                ``this title,'' the following: ``title VIII,''; and

                    (C) in paragraph (1)(C)(i), by inserting after

                ``this title,'' the following: ``title VIII,''.

            (2) Representative payee provisions of title ii.--Section

        205( j) of such Act (42 U.S.C. 405( j)) is amended--

                    (A) in paragraph (1)(A), by inserting ``807 or''

                before ``1631(a)(2)'';

                    (B) in paragraph (2)(B)(i)(I), by inserting ``,

                title VIII,'' before ``or title XVI'';

                    (C) in paragraph (2)(B)(i)(III), by inserting ``,

                811,'' before ``or 1632'';

                    (D) in paragraph (2)(B)(i)(IV)--

                          (i) by inserting ``, the designation of such

                      person as a representative payee has been revoked

                      pursuant to section 807(a),'' before ``or payment

                      of benefits''; and

                          (ii) by inserting ``, title VIII,'' before

                      ``or title XVI'';

                    (E) in paragraph (2)(B)(ii)(I)--

                          (i) by inserting ``whose designation as a

                      representative payee has been revoked pursuant to

                      section 807(a),'' before ``or with respect to

                      whom''; and

                          (ii) by inserting ``, title VIII,'' before

                      ``or title XVI'';

                    (F) in paragraph (2)(B)(ii)(II), by inserting ``,

                811,'' before ``or 1632'';

                    (G) in paragraph (2)(C)(i)(II), by inserting ``, the

                designation of such person as a representative payee has

                been

 

[[Page 113 STAT. 1855]]

 

                revoked pursuant to section 807(a),'' before ``or

                payment of benefits'';

                    (H) in each of clauses (i) and (ii) of paragraph

                (3)(E), by inserting ``, section 807,'' before ``or

                section 1631(a)(2)'';

                    (I) in paragraph (3)(F), by inserting ``807 or''

                before ``1631(a)(2)''; and

                    (J) in paragraph (4)(B)(i), by inserting ``807 or''

                before ``1631(a)(2)''.

            (3) Withholding for child support and alimony obligations.--

        Section 459(h)(1)(A) of such Act (42 U.S.C. 659(h)(1)(A)) is

        amended--

                    (A) at the end of clause (iii), by striking ``and'';

                    (B) at the end of clause (iv), by striking ``but''

                and inserting ``and''; and

                    (C) by adding at the end a new clause as follows:

                          ``(v) special benefits for certain World War

                      II veterans payable under title VIII; but''.

            (4) Social security advisory board.--Section 703(b) of such

        Act (42 U.S.C. 903(b)) is amended by striking ``title II'' and

        inserting ``title II, the program of special benefits for

        certain World War II veterans under title VIII,''.

            (5) Delivery of checks.--Section 708 of such Act (42 U.S.C.

        908) <<NOTE: 42 USC 909.>> is amended--

                    (A) in subsection (a), by striking ``title II'' and

                inserting ``title II, title VIII,''; and

                    (B) in subsection (b), by striking ``title II'' and

                inserting ``title II, title VIII,''.

            (6) Civil monetary penalties.--Section 1129 of such Act (42

        U.S.C. 1320a-8) is amended--

                    (A) in the title, by striking ``II'' and inserting

                ``II, VIII'';

                    (B) in subsection (a)(1)--

                          (i) by striking ``or'' at the end of subpara-

                      graph (A);

                          (ii) by redesignating subparagraph (B) as

                      subparagraph (C); and

                          (iii) by inserting after subparagraph (A) the

                      following new subparagraph:

                    ``(B) benefits or payments under title VIII, or'';

                    (C) in subsection (a)(2), by inserting ``or title

                VIII,'' after ``title II'';

                    (D) in subsection (e)(1)(C)--

                          (i) by striking ``or'' at the end of clause

                      (i);

                          (ii) by redesignating clause (ii) as clause

                      (iii); and

                          (iii) by inserting after clause (i) the

                      following new clause:

                          ``(ii) by decrease of any payment under title

                      VIII to which the person is entitled, or'';

                    (E) in subsection (e)(2)(B), by striking ``title

                XVI'' and inserting ``title VIII or XVI''; and

                    (F) in subsection (l), by striking ``title XVI'' and

                inserting ``title VIII or XVI''.

            (7) Recovery of ssi overpayments.--Section 1147 of such Act

        (42 U.S.C. 1320b-17) is amended--

                    (A) in subsection (a)(1)--

                          (i) by inserting ``or VIII'' after ``title

                      II'' the first place it appears; and

 

[[Page 113 STAT. 1856]]

 

                          (ii) by striking ``title II'' the second place

                      it appears and inserting ``such title''; and

                    (B) in the heading, by striking ``social security''

                and inserting ``other''.

            (8) Recovery of social security overpayments.--Part A of

        title XI of the Social Security Act is amended by inserting

        after section 1147 (42 U.S.C. 1320b-17) the following new

                                    section:

 

    ``Sec. 1147A. <<NOTE: 42 USC 1320b-18.>> Whenever the Commissioner

of Social Security determines that more than the correct amount of any

payment has been made under title II to an individual who is not

currently receiving benefits under that title but who is receiving

benefits under title VIII, the Commissioner may recover the amount

incorrectly paid under title II by decreasing any amount which is

payable to the individual under title VIII.''.

            (9) Representative payee provisions of title xvi.--Section

        1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amended--

                    (A) in subparagraph (A)(iii), by inserting ``or

                807'' after ``205( j)(1)'';

                    (B) in subparagraph (B)(ii)(I), by inserting ``,

                title VIII,'' before ``or this title'';

                    (C) in subparagraph (B)(ii)(III), by inserting ``,

                811,'' before ``or 1632'';

                    (D) in subparagraph (B)(ii)(IV)--

                          (i) by inserting ``whether the designation of

                      such person as a representative payee has been

                      revoked pursuant to section 807(a),'' before ``and

                      whether certification''; and

                          (ii) by inserting ``, title VIII,'' before

                      ``or this title'';

                    (E) in subparagraph (B)(iii)(II), by inserting ``the

                designation of such person as a representative payee has

                been revoked pursuant to section 807(a),'' before ``or

                certification''; and

                    (F) in subparagraph (D)(ii)(II)(aa), by inserting

                ``or 807'' after ``205( j)(4)''.

            (10) Administrative offset.--Section 3716(c)(3)(C) of title

        31, United States Code, is amended--

                    (A) by striking ``sections 205(b)(1)'' and inserting

                ``sections 205(b)(1), 809(a)(1),''; and

                    (B) by striking ``either title II'' and inserting

                ``title II, VIII,''.

 

                            Subtitle C--Study

 

SEC. 261. <<NOTE: 42 USC 1382 note.>> STUDY OF DENIAL OF SSI BENEFITS

            FOR FAMILY FARMERS.

 

    (a) In General.--The Commissioner of Social Security shall conduct a

study of the reasons why family farmers with resources of less than

$100,000 are denied supplemental security income benefits under title

XVI of the Social Security Act, including whether the deeming process

unduly burdens and discriminates against family farmers who do not

institutionalize a disabled dependent, and shall determine the number of

such farmers who

 

[[Page 113 STAT. 1857]]

 

have been denied such benefits during each of the preceding 10 years.

    (b) Report <<NOTE: Deadline.>> to the Congress.--Within 1 year after

the date of the enactment of this Act, the Commissioner of Social

Security shall prepare and submit to the Committee on Ways and Means of

the House of Representatives and the Committee on Finance of the Senate

a report that contains the results of the study, and the determination,

required by subsection (a).

 

                        TITLE III--CHILD SUPPORT

 

SEC. 301. NARROWING OF HOLD-HARMLESS PROVISION FOR STATE SHARE OF

            DISTRIBUTION OF COLLECTED CHILD SUPPORT.

 

    (a) In General.--Section 457(d) of the Social Security Act (42

U.S.C. 657(d)) is amended to read as follows:

    ``(d) Hold-Harmless Provision.--If--

            ``(1) the State share of amounts collected in the fiscal

        year which could be retained to reimburse the State for amounts

        paid to families as assistance by the State is less than the

        State share of such amounts collected in fiscal year 1995

        (determined in accordance with section 457 as in effect on

        August 21, 1996); and

            ``(2)(A) the State has distributed to families that include

        an adult receiving assistance under the program under part A at

        least 80 percent of the current support payments collected

        during the preceding fiscal year on behalf of such families, and

        the amounts distributed were disregarded in determining the

        amount or type of assistance provided under the program under

        part A; or

            ``(B) the State has distributed to families that formerly

        received assistance under the program under part A the State

        share of the amounts collected pursuant to section 464 that

        could have been retained as reimbursement for assistance paid to

        such families,

 

then the State share otherwise determined for the fiscal year shall be

increased by an amount equal to one-half of the amount (if any) by which

the State share for fiscal year 1995 exceeds the State share for the

fiscal year (determined without regard to this subsection).''.

    (b) Effective <<NOTE: 42 USC 657 note.>> Date.--The amendment made

by subsection (a) shall be effective with respect to calendar quarters

occurring during the period that begins on October 1, 1998, and ends on

September 30, 2001.

 

    (c) Repeal.--Effective October 1, 2001, section 457 of the Social

Security Act (42 U.S.C. 657) is amended--

            (1) in subsection (a), by striking ``subsections (e) and (f

        )'' and inserting ``subsections (d) and (e)'';

            (2) by striking subsection (d);

            (3) in subsection (e), by striking the second sentence; and

            (4) by redesignating subsections (e) and (f ) as subsections

        (d) and (e), respectively.

 

[[Page 113 STAT. 1858]]

 

                     TITLE IV--TECHNICAL CORRECTIONS

 

SEC. 401. TECHNICAL CORRECTIONS RELATING TO AMENDMENTS MADE BY THE

            PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY RECONCILIATION

            ACT OF 1996.

 

    (a) Section 402(a)(1)(B)(iv) of the Social Security Act (42 U.S.C.

602(a)(1)(B)(iv)) is amended by striking ``Act'' and inserting

``section''.

    (b) Section 409(a)(7)(B)(i)(II) of the Social Security Act (42

U.S.C. 609(a)(7)(B)(i)(II)) is amended by striking ``part'' and

inserting ``section''.

    (c) Section 413(g)(1) of the Social Security Act (42 U.S.C.

613(g)(1)) is amended by striking ``Act'' and inserting ``section''.

    (d) Section 416 of the Social Security Act (42 U.S.C. 616) is

amended by striking ``Opportunity Act'' and inserting ``Opportunity

Reconciliation Act'' each place such term appears.

    (e) Section 431(a)(6) of the Social Security Act (42 U.S.C.

629a(a)(6))) is amended--

            (1) by inserting ``, as in effect before August 22, 1986''

        after ``482(i)(5)''; and

            (2) by inserting ``, as so in effect'' after

        ``482(i)(7)(A)''.

 

    (f ) Sections 452(a)(7) and 466(c)(2)(A)(i) of the Social Security

Act (42 U.S.C. 652(a)(7) and 666(c)(2)(A)(i)) are each amended by

striking ``Social Security'' and inserting ``social security''.

    (g) Section 454 of the Social Security Act (42 U.S.C. 654) is

amended--

            (1) by striking ``, or'' at the end of each of paragraphs

        (6)(E)(i) and (19)(B)(i) and inserting ``; or'';

            (2) in paragraph (9), by striking the comma at the end of

        each of subparagraphs (A), (B), and (C) and inserting a

        semicolon; and

            (3) by striking ``, and'' at the end of each of paragraphs

        (19)(A) and (24)(A) and inserting ``; and''.

 

    (h) Section 454(24)(B) of the Social Security Act (42 U.S.C.

654(24)(B)) is amended by striking ``Opportunity Act'' and inserting

``Opportunity Reconciliation Act''.

    (i) Section 344(b)(1)(A) of the Personal Responsibility and Work

Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 Stat.

2236) <<NOTE: 42 USC 655.>> is amended to read as follows:

                    ``(A) in paragraph (1), by striking subparagraph (B)

                and inserting the following:

                    `(B) equal to the percent specified in paragraph (3)

                of the sums expended during such quarter that are

                attributable to the planning, design, development,

                installation or enhancement of an automatic data

                processing and information retrieval system (including

                in such sums the full cost of the hardware components of

                such system); and'; and''.

 

    ( j) Section 457(a)(2)(B)(i)(I) of the Social Security Act (42

U.S.C. 657(a)(2)(B)(i)(I)) is amended by striking ``Act Reconciliation''

and inserting ``Reconciliation Act''.

    (k) Section 457 of the Social Security Act (42 U.S.C. 657) is

amended by striking ``Opportunity Act'' each place it appears and

inserting ``Opportunity Reconciliation Act''.

    (l) <<NOTE: Effective date.>> Effective on the date of the enactment

of this Act, section 404(e) of the Social Security Act (42 U.S.C.

604(e)) is amended

 

[[Page 113 STAT. 1859]]

 

by inserting ``or tribe'' after ``State'' the first and second places it

appears, and by inserting ``or tribal'' after ``State'' the third place

it appears.

 

    (m) Section 466(a)(7)(A) of the Social Security Act (42 U.S.C.

666(a)(7)(A)) is amended by striking ``1681a(f ))'' and inserting

``1681a(f )))''.

    (n) Section 466(b)(6)(A) of the Social Security Act (42 U.S.C.

666(b)(6)(A)) is amended by striking ``state'' and inserting ``State''.

    (o) Section 471(a)(8) of the Social Security Act (42 U.S.C.

671(a)(8)) is amended by striking ``(including activities under part

F)''.

    (p) Section 1137(a)(3) of the Social Security Act (42 U.S.C. 1320b-

7(a)(3)) is amended by striking ``453A(a)(2)(B)(iii))'' and inserting

``453A(a)(2)(B)(ii)))''.

    (q) <<NOTE: 42 USC 602 note.>> Except as provided in subsection (l),

the amendments made by this section shall take effect as if included in

the enactment of the Personal Responsibility and Work Opportunity

Reconciliation Act of 1996 (Public Law 104-193; 110 Stat. 2105).

 

    Approved December 14, 1999.

 

LEGISLATIVE HISTORY--H.R. 3443:

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CONGRESSIONAL RECORD, Vol. 145 (1999):

            Nov. 18, considered and passed House.

            Nov. 19, considered and passed Senate.

WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999):

            Nov. 14, Presidential remarks.

 

                                  <all>