42 U.S.C. § 405 : US Code - Section 405: Evidence, procedure, and certification for payments

    (a) Rules and regulations; procedures
      The Commissioner of Social Security shall have full power and
    authority to make rules and regulations and to establish
    procedures, not inconsistent with the provisions of this
    subchapter, which are necessary or appropriate to carry out such
    provisions, and shall adopt reasonable and proper rules and
    regulations to regulate and provide for the nature and extent of
    the proofs and evidence and the method of taking and furnishing the
    same in order to establish the right to benefits hereunder.
    (b) Administrative determination of entitlement to benefits;
      findings of fact; hearings; investigations; evidentiary hearings
      in reconsiderations of disability benefit terminations;
      subsequent applications
      (1) The Commissioner of Social Security is directed to make
    findings of fact, and decisions as to the rights of any individual
    applying for a payment under this subchapter. Any such decision by
    the Commissioner of Social Security which involves a determination
    of disability and which is in whole or in part unfavorable to such
    individual shall contain a statement of the case, in understandable
    language, setting forth a discussion of the evidence, and stating
    the Commissioner's determination and the reason or reasons upon
    which it is based. Upon request by any such individual or upon
    request by a wife, divorced wife, widow, surviving divorced wife,
    surviving divorced mother, surviving divorced father, husband,
    divorced husband, widower, surviving divorced husband, child, or
    parent who makes a showing in writing that his or her rights may be
    prejudiced by any decision the Commissioner of Social Security has
    rendered, the Commissioner shall give such applicant and such other
    individual reasonable notice and opportunity for a hearing with
    respect to such decision, and, if a hearing is held, shall, on the
    basis of evidence adduced at the hearing, affirm, modify, or
    reverse the Commissioner's findings of fact and such decision. Any
    such request with respect to such a decision must be filed within
    sixty days after notice of such decision is received by the
    individual making such request. The Commissioner of Social Security
    is further authorized, on the Commissioner's own motion, to hold
    such hearings and to conduct such investigations and other
    proceedings as the Commissioner may deem necessary or proper for
    the administration of this subchapter. In the course of any
    hearing, investigation, or other proceeding, the Commissioner may
    administer oaths and affirmations, examine witnesses, and receive
    evidence. Evidence may be received at any hearing before the
    Commissioner of Social Security even though inadmissible under
    rules of evidence applicable to court procedure.
      (2) In any case where - 
        (A) an individual is a recipient of disability insurance
      benefits, or of child's, widow's, or widower's insurance benefits
      based on disability,
        (B) the physical or mental impairment on the basis of which
      such benefits are payable is found to have ceased, not to have
      existed, or to no longer be disabling, and
        (C) as a consequence of the finding described in subparagraph
      (B), such individual is determined by the Commissioner of Social
      Security not to be entitled to such benefits,

    any reconsideration of the finding described in subparagraph (B),
    in connection with a reconsideration by the Commissioner of Social
    Security (before any hearing under paragraph (1) on the issue of
    such entitlement) of the Commissioner's determination described in
    subparagraph (C), shall be made only after opportunity for an
    evidentiary hearing, with regard to the finding described in
    subparagraph (B), which is reasonably accessible to such
    individual. Any reconsideration of a finding described in
    subparagraph (B) may be made either by the State agency or the
    Commissioner of Social Security where the finding was originally
    made by the State agency, and shall be made by the Commissioner of
    Social Security where the finding was originally made by the
    Commissioner of Social Security. In the case of a reconsideration
    by a State agency of a finding described in subparagraph (B) which
    was originally made by such State agency, the evidentiary hearing
    shall be held by an adjudicatory unit of the State agency other
    than the unit that made the finding described in subparagraph (B).
    In the case of a reconsideration by the Commissioner of Social
    Security of a finding described in subparagraph (B) which was
    originally made by the Commissioner of Social Security, the
    evidentiary hearing shall be held by a person other than the person
    or persons who made the finding described in subparagraph (B).
      (3)(A) A failure to timely request review of an initial adverse
    determination with respect to an application for any benefit under
    this subchapter or an adverse determination on reconsideration of
    such an initial determination shall not serve as a basis for denial
    of a subsequent application for any benefit under this subchapter
    if the applicant demonstrates that the applicant, or any other
    individual referred to in paragraph (1), failed to so request such
    a review acting in good faith reliance upon incorrect, incomplete,
    or misleading information, relating to the consequences of
    reapplying for benefits in lieu of seeking review of an adverse
    determination, provided by any officer or employee of the Social
    Security Administration or any State agency acting under section
    421 of this title.
      (B) In any notice of an adverse determination with respect to
    which a review may be requested under paragraph (1), the
    Commissioner of Social Security shall describe in clear and
    specific language the effect on possible entitlement to benefits
    under this subchapter of choosing to reapply in lieu of requesting
    review of the determination.
    (c) Wage records
      (1) For the purposes of this subsection - 
        (A) The term "year" means a calendar year when used with
      respect to wages and a taxable year when used with respect to
      self-employment income.
        (B) The term "time limitation" means a period of three years,
      three months, and fifteen days.
        (C) The term "survivor" means an individual's spouse, surviving
      divorced wife, surviving divorced husband, surviving divorced
      mother, surviving divorced father, child, or parent, who survives
      such individual.
        (D) The term "period" when used with respect to self-employment
      income means a taxable year and when used with respect to wages
      means - 
          (i) a quarter if wages were reported or should have been
        reported on a quarterly basis on tax returns filed with the
        Secretary of the Treasury or his delegate under section 6011 of
        the Internal Revenue Code of 1986 or regulations thereunder (or
        on reports filed by a State under section 418(e) (!1) of this
        title (as in effect prior to December 31, 1986) or regulations
        thereunder),

          (ii) a year if wages were reported or should have been
        reported on a yearly basis on such tax returns or reports, or
          (iii) the half year beginning January 1 or July 1 in the case
        of wages which were reported or should have been reported for
        calendar year 1937.

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

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

      (ii) The Commissioner of Social Security shall require of
    applicants for social security account numbers such evidence as may
    be necessary to establish the age, citizenship, or alien status,
    and true identity of such applicants, and to determine which (if
    any) social security account number has previously been assigned to
    such individual. With respect to an application for a social
    security account number for an individual who has not attained the
    age of 18 before such application, such evidence shall include the
    information described in subparagraph (C)(ii).
      (iii) In carrying out the requirements of this subparagraph, the
    Commissioner of Social Security shall enter into such agreements as
    may be necessary with the Attorney General and other officials and
    with State and local welfare agencies and school authorities
    (including nonpublic school authorities).
      (C)(i) It is the policy of the United States that any State (or
    political subdivision thereof) may, in the administration of any
    tax, general public assistance, driver's license, or motor vehicle
    registration law within its jurisdiction, utilize the social
    security account numbers issued by the Commissioner of Social
    Security for the purpose of establishing the identification of
    individuals affected by such law, and may require any individual
    who is or appears to be so affected to furnish to such State (or
    political subdivision thereof) or any agency thereof having
    administrative responsibility for the law involved, the social
    security account number (or numbers, if he has more than one such
    number) issued to him by the Commissioner of Social Security.
      (ii) In the administration of any law involving the issuance of a
    birth certificate, each State shall require each parent to furnish
    to such State (or political subdivision thereof) or any agency
    thereof having administrative responsibility for the law involved,
    the social security account number (or numbers, if the parent has
    more than one such number) issued to the parent unless the State
    (in accordance with regulations prescribed by the Commissioner of
    Social Security) finds good cause for not requiring the furnishing
    of such number. The State shall make numbers furnished under this
    subclause available to the Commissioner of Social Security and the
    agency administering the State's plan under part D of subchapter IV
    of this chapter in accordance with Federal or State law and
    regulation. Such numbers shall not be recorded on the birth
    certificate. A State shall not use any social security account
    number, obtained with respect to the issuance by the State of a
    birth certificate, for any purpose other than for the enforcement
    of child support orders in effect in the State, unless section 7(a)
    of the Privacy Act of 1974 does not prohibit the State from
    requiring the disclosure of such number, by reason of the State
    having adopted, before January 1, 1975, a statute or regulation
    requiring such disclosure.
      (iii)(I) In the administration of section 9 of the Food and
    Nutrition Act of 2008 (7 U.S.C. 2018) involving the determination
    of the qualifications of applicants under such Act [7 U.S.C. 2011
    et seq.], the Secretary of Agriculture may require each applicant
    retail store or wholesale food concern to furnish to the Secretary
    of Agriculture the social security account number of each
    individual who is an officer of the store or concern and, in the
    case of a privately owned applicant, furnish the social security
    account numbers of the owners of such applicant. No officer or
    employee of the Department of Agriculture shall have access to any
    such number for any purpose other than the establishment and
    maintenance of a list of the names and social security account
    numbers of such individuals for use in determining those applicants
    who have been previously sanctioned or convicted under section 12
    or 15 of such Act (7 U.S.C. 2021 or 2024).
      (II) The Secretary of Agriculture may share any information
    contained in any list referred to in subclause (I) with any other
    agency or instrumentality of the United States which otherwise has
    access to social security account numbers in accordance with this
    subsection or other applicable Federal law, except that the
    Secretary of Agriculture may share such information only to the
    extent that such Secretary determines such sharing would assist in
    verifying and matching such information against information
    maintained by such other agency or instrumentality. Any such
    information shared pursuant to this subclause may be used by such
    other agency or instrumentality only for the purpose of effective
    administration and enforcement of the Food and Nutrition Act of
    2008 [7 U.S.C. 2011 et seq.] or for the purpose of investigation of
    violations of other Federal laws or enforcement of such laws.
      (III) The Secretary of Agriculture, and the head of any other
    agency or instrumentality referred to in this subclause, shall
    restrict, to the satisfaction of the Commissioner of Social
    Security, access to social security account numbers obtained
    pursuant to this clause only to officers and employees of the
    United States whose duties or responsibilities require access for
    the purposes described in subclause (II).
      (IV) The Secretary of Agriculture, and the head of any agency or
    instrumentality with which information is shared pursuant to clause
    (!2) (II), shall provide such other safeguards as the Commissioner
    of Social Security determines to be necessary or appropriate to
    protect the confidentiality of the social security account numbers.

      (iv) In the administration of section 506 of the Federal Crop
    Insurance Act [7 U.S.C. 1506], the Federal Crop Insurance
    Corporation may require each policyholder and each reinsured
    company to furnish to the insurer or to the Corporation the social
    security account number of such policyholder, subject to the
    requirements of this clause. No officer or employee of the Federal
    Crop Insurance Corporation shall have access to any such number for
    any purpose other than the establishment of a system of records
    necessary for the effective administration of such Act [7 U.S.C.
    1501 et seq.]. The Manager of the Corporation may require each
    policyholder to provide to the Manager, at such times and in such
    manner as prescribed by the Manager, the social security account
    number of each individual that holds or acquires a substantial
    beneficial interest in the policyholder. For purposes of this
    clause, the term "substantial beneficial interest" means not less
    than 5 percent of all beneficial interest in the policyholder. The
    Secretary of Agriculture shall restrict, to the satisfaction of the
    Commissioner of Social Security, access to social security account
    numbers obtained pursuant to this clause only to officers and
    employees of the United States or authorized persons whose duties
    or responsibilities require access for the administration of the
    Federal Crop Insurance Act. The Secretary of Agriculture shall
    provide such other safeguards as the Commissioner of Social
    Security determines to be necessary or appropriate to protect the
    confidentiality of such social security account numbers. For
    purposes of this clause the term "authorized person" means an
    officer or employee of an insurer whom the Manager of the
    Corporation designates by rule, subject to appropriate safeguards
    including a prohibition against the release of such social security
    account number (other than to the Corporation) by such person.
      (v) If and to the extent that any provision of Federal law
    heretofore enacted is inconsistent with the policy set forth in
    clause (i), such provision shall, on and after October 4, 1976, be
    null, void, and of no effect. If and to the extent that any such
    provision is inconsistent with the requirement set forth in clause
    (ii), such provision shall, on and after October 13, 1988, be null,
    void, and of no effect.
      (vi)(I) For purposes of clause (i) of this subparagraph, an
    agency of a State (or political subdivision thereof) charged with
    the administration of any general public assistance, driver's
    license, or motor vehicle registration law which did not use the
    social security account number for identification under a law or
    regulation adopted before January 1, 1975, may require an
    individual to disclose his or her social security number to such
    agency solely for the purpose of administering the laws referred to
    in clause (i) above and for the purpose of responding to requests
    for information from an agency administering a program funded under
    part A of subchapter IV of this chapter or an agency operating
    pursuant to the provisions of part D of such subchapter.
      (II) Any State or political subdivision thereof (and any person
    acting as an agent of such an agency or instrumentality), in the
    administration of any driver's license or motor vehicle
    registration law within its jurisdiction, may not display a social
    security account number issued by the Commissioner of Social
    Security (or any derivative of such number) on any driver's
    license, motor vehicle registration, or personal identification
    card (as defined in section 7212(a)(2) of the 9/11 Commission
    Implementation Act of 2004), or include, on any such license,
    registration, or personal identification card, a magnetic strip,
    bar code, or other means of communication which conveys such number
    (or derivative thereof).
      (vii) For purposes of this subparagraph, the term "State"
    includes the District of Columbia, the Commonwealth of Puerto Rico,
    the Virgin Islands, Guam, the Commonwealth of the Northern
    Marianas, and the Trust Territory of the Pacific Islands.
      (viii)(I) Social security account numbers and related records
    that are obtained or maintained by authorized persons pursuant to
    any provision of law enacted on or after October 1, 1990, shall be
    confidential, and no authorized person shall disclose any such
    social security account number or related record.
      (II) Paragraphs (1), (2), and (3) of section 7213(a) of the
    Internal Revenue Code of 1986 shall apply with respect to the
    unauthorized willful disclosure to any person of social security
    account numbers and related records obtained or maintained by an
    authorized person pursuant to a provision of law enacted on or
    after October 1, 1990, in the same manner and to the same extent as
    such paragraphs apply with respect to unauthorized disclosures of
    return and return information described in such paragraphs.
    Paragraph (4) of section 7213(a) of such Code shall apply with
    respect to the willful offer of any item of material value in
    exchange for any such social security account number or related
    record in the same manner and to the same extent as such paragraph
    applies with respect to offers (in exchange for any return or
    return information) described in such paragraph.
      (III) For purposes of this clause, the term "authorized person"
    means an officer or employee of the United States, an officer or
    employee of any State, political subdivision of a State, or agency
    of a State or political subdivision of a State, and any other
    person (or officer or employee thereof), who has or had access to
    social security account numbers or related records pursuant to any
    provision of law enacted on or after October 1, 1990. For purposes
    of this subclause, the term "officer or employee" includes a former
    officer or employee.
      (IV) For purposes of this clause, the term "related record" means
    any record, list, or compilation that indicates, directly or
    indirectly, the identity of any individual with respect to whom a
    social security account number or a request for a social security
    account number is maintained pursuant to this clause.
      (ix) In the administration of the provisions of chapter 81 of
    title 5 and the Longshore and Harbor Workers' Compensation Act (33
    U.S.C. 901 et seq.), the Secretary of Labor may require by
    regulation that any person filing a notice of injury or a claim for
    benefits under such provisions provide as part of such notice or
    claim such person's social security account number, subject to the
    requirements of this clause. No officer or employee of the
    Department of Labor shall have access to any such number for any
    purpose other than the establishment of a system of records
    necessary for the effective administration of such provisions. The
    Secretary of Labor shall restrict, to the satisfaction of the
    Commissioner of Social Security, access to social security account
    numbers obtained pursuant to this clause to officers and employees
    of the United States whose duties or responsibilities require
    access for the administration or enforcement of such provisions.
    The Secretary of Labor shall provide such other safeguards as the
    Commissioner of Social Security determines to be necessary or
    appropriate to protect the confidentiality of the social security
    account numbers.
      (x) (!3) The Secretary of Health and Human Services, and the
    Exchanges established under section 1311 of the Patient Protection
    and Affordable Care Act [42 U.S.C. 18031], are authorized to
    collect and use the names and social security account numbers of
    individuals as required to administer the provisions of, and the
    amendments made by, the such Act.(!4)


      (x) (!3) No Federal, State, or local agency may display the
    Social Security (!5) account number of any individual, or any
    derivative of such number, on any check issued for any payment by
    the Federal, State, or local agency.

      (xi) No Federal, State, or local agency may employ, or enter into
    a contract for the use or employment of, prisoners in any capacity
    that would allow such prisoners access to the Social Security (!5)
    account numbers of other individuals. For purposes of this clause,
    the term "prisoner" means an individual confined in a jail, prison,
    or other penal institution or correctional facility pursuant to
    such individual's conviction of a criminal offense.
      (D)(i) It is the policy of the United States that - 
        (I) any State (or any political subdivision of a State) and any
      authorized blood donation facility may utilize the social
      security account numbers issued by the Commissioner of Social
      Security for the purpose of identifying blood donors, and
        (II) any State (or political subdivision of a State) may
      require any individual who donates blood within such State (or
      political subdivision) to furnish to such State (or political
      subdivision), to any agency thereof having related administrative
      responsibility, or to any authorized blood donation facility the
      social security account number (or numbers, if the donor has more
      than one such number) issued to the donor by the Commissioner of
      Social Security.

      (ii) If and to the extent that any provision of Federal law
    enacted before November 10, 1988, is inconsistent with the policy
    set forth in clause (i), such provision shall, on and after
    November 10, 1988, be null, void, and of no effect.
      (iii) For purposes of this subparagraph - 
        (I) the term "authorized blood donation facility" means an
      entity described in section 1320b-11(h)(1)(B) of this title, and
        (II) the term "State" includes the District of Columbia, the
      Commonwealth of Puerto Rico, the Virgin Islands, Guam, the
      Commonwealth of the Northern Marianas, and the Trust Territory of
      the Pacific Islands.

      (E)(i) It is the policy of the United States that - 
        (I) any State (or any political subdivision of a State) may
      utilize the social security account numbers issued by the
      Commissioner of Social Security for the additional purposes
      described in clause (ii) if such numbers have been collected and
      are otherwise utilized by such State (or political subdivision)
      in accordance with applicable law, and
        (II) any district court of the United States may use, for such
      additional purposes, any such social security account numbers
      which have been so collected and are so utilized by any State.

      (ii) The additional purposes described in this clause are the
    following:
        (I) Identifying duplicate names of individuals on master lists
      used for jury selection purposes.
        (II) Identifying on such master lists those individuals who are
      ineligible to serve on a jury by reason of their conviction of a
      felony.

      (iii) To the extent that any provision of Federal law enacted
    before August 15, 1994, is inconsistent with the policy set forth
    in clause (i), such provision shall, on and after August 15, 1994,
    be null, void, and of no effect.
      (iv) For purposes of this subparagraph, the term "State" has the
    meaning such term has in subparagraph (D).
      (F) The Commissioner of Social Security shall require, as a
    condition for receipt of benefits under this subchapter, that an
    individual furnish satisfactory proof of a social security account
    number assigned to such individual by the Commissioner of Social
    Security or, in the case of an individual to whom no such number
    has been assigned, that such individual make proper application for
    assignment of such a number.
      (G) The Commissioner of Social Security shall issue a social
    security card to each individual at the time of the issuance of a
    social security account number to such individual. The social
    security card shall be made of banknote paper, and (to the maximum
    extent practicable) shall be a card which cannot be counterfeited.
      (H) The Commissioner of Social Security shall share with the
    Secretary of the Treasury the information obtained by the
    Commissioner pursuant to the second sentence of subparagraph
    (B)(ii) and to subparagraph (C)(ii) for the purpose of
    administering those sections of the Internal Revenue Code of 1986
    which grant tax benefits based on support or residence of children.
      (3) The Commissioner's records shall be evidence for the purpose
    of proceedings before the Commissioner of Social Security or any
    court of the amounts of wages paid to, and self-employment income
    derived by, an individual and of the periods in which such wages
    were paid and such income was derived. The absence of an entry in
    such records as to wages alleged to have been paid to, or as to
    self-employment income alleged to have been derived by, an
    individual in any period shall be evidence that no such alleged
    wages were paid to, or that no such alleged income was derived by,
    such individual during such period.
      (4) Prior to the expiration of the time limitation following any
    year the Commissioner of Social Security may, if it is brought to
    the Commissioner's attention that any entry of wages or self-
    employment income in the Commissioner's records for such year is
    erroneous or that any item of wages or self-employment income for
    such year has been omitted from such records, correct such entry or
    include such omitted item in the Commissioner's records, as the
    case may be. After the expiration of the time limitation following
    any year - 
        (A) the Commissioner's records (with changes, if any, made
      pursuant to paragraph (5) of this subsection) of the amounts of
      wages paid to, and self-employment income derived by, an
      individual during any period in such year shall be conclusive for
      the purposes of this subchapter;
        (B) the absence of an entry in the Commissioner's records as to
      the wages alleged to have been paid by an employer to an
      individual during any period in such year shall be presumptive
      evidence for the purposes of this subchapter that no such alleged
      wages were paid to such individual in such period; and
        (C) the absence of an entry in the Commissioner's records as to
      the self-employment income alleged to have been derived by an
      individual in such year shall be conclusive for the purposes of
      this subchapter that no such alleged self-employment income was
      derived by such individual in such year unless it is shown that
      he filed a tax return of his self-employment income for such year
      before the expiration of the time limitation following such year,
      in which case the Commissioner of Social Security shall include
      in the Commissioner's records the self-employment income of such
      individual for such year.

      (5) After the expiration of the time limitation following any
    year in which wages were paid or alleged to have been paid to, or
    self-employment income was derived or alleged to have been derived
    by, an individual, the Commissioner of Social Security may change
    or delete any entry with respect to wages or self-employment income
    in the Commissioner's records of such year for such individual or
    include in the Commissioner's records of such year for such
    individual any omitted item of wages or self-employment income but
    only - 
        (A) if an application for monthly benefits or for a lump-sum
      death payment was filed within the time limitation following such
      year; except that no such change, deletion, or inclusion may be
      made pursuant to this subparagraph after a final decision upon
      the application for monthly benefits or lump-sum death payment;
        (B) if within the time limitation following such year an
      individual or his survivor makes a request for a change or
      deletion, or for an inclusion of an omitted item, and alleges in
      writing that the Commissioner's records of the wages paid to, or
      the self-employment income derived by, such individual in such
      year are in one or more respects erroneous; except that no such
      change, deletion, or inclusion may be made pursuant to this
      subparagraph after a final decision upon such request. Written
      notice of the Commissioner's decision on any such request shall
      be given to the individual who made the request;
        (C) to correct errors apparent on the face of such records;
        (D) to transfer items to records of the Railroad Retirement
      Board if such items were credited under this subchapter when they
      should have been credited under the Railroad Retirement Act of
      1937 or 1974 [45 U.S.C. 228a et seq., 231 et seq.], or to enter
      items transferred by the Railroad Retirement Board which have
      been credited under the Railroad Retirement Act of 1937 or 1974
      when they should have been credited under this subchapter;
        (E) to delete or reduce the amount of any entry which is
      erroneous as a result of fraud;
        (F) to conform the Commissioner's records to - 
          (i) tax returns or portions thereof (including information
        returns and other written statements) filed with the
        Commissioner of Internal Revenue under title VIII of the Social
        Security Act, under subchapter E of chapter 1 or subchapter A
        of chapter 9 of the Internal Revenue Code of 1939, under
        chapter 2 or 21 of the Internal Revenue Code of 1954 or the
        Internal Revenue Code of 1986, or under regulations made under
        authority of such title, subchapter, or chapter;
          (ii) wage reports filed by a State pursuant to an agreement
        under section 418 of this title or regulations of the
        Commissioner of Social Security thereunder; or
          (iii) assessments of amounts due under an agreement pursuant
        to section 418 of this title (as in effect prior to December
        31, 1986), if such assessments are made within the period
        specified in subsection (q) (!1) of such section (as so in
        effect), or allowances of credits or refunds of overpayments by
        a State under an agreement pursuant to such section;

      except that no amount of self-employment income of an individual
      for any taxable year (if such return or statement was filed after
      the expiration of the time limitation following the taxable year)
      shall be included in the Commissioner's records pursuant to this
      subparagraph;
        (G) to correct errors made in the allocation, to individuals or
      periods, of wages or self-employment income entered in the
      records of the Commissioner of Social Security;
        (H) to include wages paid during any period in such year to an
      individual by an employer;
        (I) to enter items which constitute remuneration for employment
      under subsection (o) of this section, such entries to be in
      accordance with certified reports of records made by the Railroad
      Retirement Board pursuant to section 5(k)(3) of the Railroad
      Retirement Act of 1937 [45 U.S.C. 228e(k)(3)] or section 7(b)(7)
      of the Railroad Retirement Act of 1974 [45 U.S.C. 231f(b)(7)]; or
        (J) to include self-employment income for any taxable year, up
      to, but not in excess of, the amount of wages deleted by the
      Commissioner of Social Security as payments erroneously included
      in such records as wages paid to such individual, if such income
      (or net earnings from self-employment), not already included in
      such records as self-employment income, is included in a return
      or statement (referred to in subparagraph (F) of this subsection)
      filed before the expiration of the time limitation following the
      taxable year in which such deletion of wages is made.

      (6) Written notice of any deletion or reduction under paragraph
    (4) or (5) of this subsection shall be given to the individual
    whose record is involved or to his survivor, except that (A) in the
    case of a deletion or reduction with respect to any entry of wages
    such notice shall be given to such individual only if he has
    previously been notified by the Commissioner of Social Security of
    the amount of his wages for the period involved, and (B) such
    notice shall be given to such survivor only if he or the individual
    whose record is involved has previously been notified by the
    Commissioner of Social Security of the amount of such individual's
    wages and self-employment income for the period involved.
      (7) Upon request in writing (within such period, after any change
    or refusal of a request for a change of the Commissioner's records
    pursuant to this subsection, as the Commissioner of Social Security
    may prescribe), opportunity for hearing with respect to such change
    or refusal shall be afforded to any individual or his survivor. If
    a hearing is held pursuant to this paragraph the Commissioner of
    Social Security shall make findings of fact and a decision based
    upon the evidence adduced at such hearing and shall include any
    omitted items, or change or delete any entry, in the Commissioner's
    records as may be required by such findings and decision.
      (8) A translation into English by a third party of a statement
    made in a foreign language by an applicant for or beneficiary of
    monthly insurance benefits under this subchapter shall not be
    regarded as reliable for any purpose under this subchapter unless
    the third party, under penalty of perjury - 
        (A) certifies that the translation is accurate; and
        (B) discloses the nature and scope of the relationship between
      the third party and the applicant or recipient, as the case may
      be.

      (9) Decisions of the Commissioner of Social Security under this
    subsection shall be reviewable by commencing a civil action in the
    United States district court as provided in subsection (g) of this
    section.
    (d) Issuance of subpenas in administrative proceedings
      For the purpose of any hearing, investigation, or other
    proceeding authorized or directed under this subchapter, or
    relative to any other matter within the Commissioner's jurisdiction
    hereunder, the Commissioner of Social Security shall have power to
    issue subpenas requiring the attendance and testimony of witnesses
    and the production of any evidence that relates to any matter under
    investigation or in question before the Commissioner of Social
    Security. Such attendance of witnesses and production of evidence
    at the designated place of such hearing, investigation, or other
    proceeding may be required from any place in the United States or
    in any Territory or possession thereof. Subpenas of the
    Commissioner of Social Security shall be served by anyone
    authorized by the Commissioner (1) by delivering a copy thereof to
    the individual named therein, or (2) by registered mail or by
    certified mail addressed to such individual at his last dwelling
    place or principal place of business. A verified return by the
    individual so serving the subpena setting forth the manner of
    service, or, in the case of service by registered mail or by
    certified mail, the return post-office receipt therefor signed by
    the individual so served, shall be proof of service. Witnesses so
    subpenaed shall be paid the same fees and mileage as are paid
    witnesses in the district courts of the United States.
    (e) Judicial enforcement of subpenas; contempt
      In case of contumacy by, or refusal to obey a subpena duly served
    upon, any person, any district court of the United States for the
    judicial district in which said person charged with contumacy or
    refusal to obey is found or resides or transacts business, upon
    application by the Commissioner of Social Security, shall have
    jurisdiction to issue an order requiring such person to appear and
    give testimony, or to appear and produce evidence, or both; any
    failure to obey such order of the court may be punished by said
    court as contempt thereof.
    (f) Repealed. Pub. L. 91-452, title II, Sec. 236, Oct. 15, 1970, 84
      Stat. 930
    (g) Judicial review
      Any individual, after any final decision of the Commissioner of
    Social Security made after a hearing to which he was a party,
    irrespective of the amount in controversy, may obtain a review of
    such decision by a civil action commenced within sixty days after
    the mailing to him of notice of such decision or within such
    further time as the Commissioner of Social Security may allow. Such
    action shall be brought in the district court of the United States
    for the judicial district in which the plaintiff resides, or has
    his principal place of business, or, if he does not reside or have
    his principal place of business within any such judicial district,
    in the United States District Court for the District of Columbia.
    As part of the Commissioner's answer the Commissioner of Social
    Security shall file a certified copy of the transcript of the
    record including the evidence upon which the findings and decision
    complained of are based. The court shall have power to enter, upon
    the pleadings and transcript of the record, a judgment affirming,
    modifying, or reversing the decision of the Commissioner of Social
    Security, with or without remanding the cause for a rehearing. The
    findings of the Commissioner of Social Security as to any fact, if
    supported by substantial evidence, shall be conclusive, and where a
    claim has been denied by the Commissioner of Social Security or a
    decision is rendered under subsection (b) of this section which is
    adverse to an individual who was a party to the hearing before the
    Commissioner of Social Security, because of failure of the claimant
    or such individual to submit proof in conformity with any
    regulation prescribed under subsection (a) of this section, the
    court shall review only the question of conformity with such
    regulations and the validity of such regulations. The court may, on
    motion of the Commissioner of Social Security made for good cause
    shown before the Commissioner files the Commissioner's answer,
    remand the case to the Commissioner of Social Security for further
    action by the Commissioner of Social Security, and it may at any
    time order additional evidence to be taken before the Commissioner
    of Social Security, but only upon a showing that there is new
    evidence which is material and that there is good cause for the
    failure to incorporate such evidence into the record in a prior
    proceeding; and the Commissioner of Social Security shall, after
    the case is remanded, and after hearing such additional evidence if
    so ordered, modify or affirm the Commissioner's findings of fact or
    the Commissioner's decision, or both, and shall file with the court
    any such additional and modified findings of fact and decision,
    and, in any case in which the Commissioner has not made a decision
    fully favorable to the individual, a transcript of the additional
    record and testimony upon which the Commissioner's action in
    modifying or affirming was based. Such additional or modified
    findings of fact and decision shall be reviewable only to the
    extent provided for review of the original findings of fact and
    decision. The judgment of the court shall be final except that it
    shall be subject to review in the same manner as a judgment in
    other civil actions. Any action instituted in accordance with this
    subsection shall survive notwithstanding any change in the person
    occupying the office of Commissioner of Social Security or any
    vacancy in such office.
    (h) Finality of Commissioner's decision
      The findings and decision of the Commissioner of Social Security
    after a hearing shall be binding upon all individuals who were
    parties to such hearing. No findings of fact or decision of the
    Commissioner of Social Security shall be reviewed by any person,
    tribunal, or governmental agency except as herein provided. No
    action against the United States, the Commissioner of Social
    Security, or any officer or employee thereof shall be brought under
    section 1331 or 1346 of title 28 to recover on any claim arising
    under this subchapter.
    (i) Certification for payment
      Upon final decision of the Commissioner of Social Security, or
    upon final judgment of any court of competent jurisdiction, that
    any person is entitled to any payment or payments under this
    subchapter, the Commissioner of Social Security shall certify to
    the Managing Trustee the name and address of the person so entitled
    to receive such payment or payments, the amount of such payment or
    payments, and the time at which such payment or payments should be
    made, and the Managing Trustee, through the Fiscal Service of the
    Department of the Treasury, and prior to any action thereon by the
    Government Accountability Office, shall make payment in accordance
    with the certification of the Commissioner of Social Security
    (except that in the case of (A) an individual who will have
    completed ten years of service (or five or more years of service,
    all of which accrues after December 31, 1995) creditable under the
    Railroad Retirement Act of 1937 [45 U.S.C. 228a et seq.] or the
    Railroad Retirement Act of 1974 [45 U.S.C. 231 et seq.], (B) the
    wife or husband of such an individual, (C) any survivor of such an
    individual if such survivor is entitled, or could upon application
    become entitled, to an annuity under section 2 of the Railroad
    Retirement Act of 1974 [45 U.S.C. 231a], and (D) any other person
    entitled to benefits under section 402 of this title on the basis
    of the wages and self-employment income of such an individual
    (except a survivor of such an individual where such individual did
    not have a current connection with the railroad industry, as
    defined in the Railroad Retirement Act of 1974, at the time of his
    death), such certification shall be made to the Railroad Retirement
    Board which shall provide for such payment or payments to such
    person on behalf of the Managing Trustee in accordance with the
    provisions of the Railroad Retirement Act of 1974): Provided, That
    where a review of the Commissioner's decision is or may be sought
    under subsection (g) of this section the Commissioner of Social
    Security may withhold certification of payment pending such review.
    The Managing Trustee shall not be held personally liable for any
    payment or payments made in accordance with a certification by the
    Commissioner of Social Security.
    (j) Representative payees
      (1)(A) If the Commissioner of Social Security determines that the
    interest of any individual under this subchapter would be served
    thereby, certification of payment of such individual's benefit
    under this subchapter may be made, regardless of the legal
    competency or incompetency of the individual, either for direct
    payment to the individual, or for his or her use and benefit, to
    another individual, or an organization, with respect to whom the
    requirements of paragraph (2) have been met (hereinafter in this
    subsection referred to as the individual's "representative payee").
    If the Commissioner of Social Security or a court of competent
    jurisdiction determines that a representative payee has misused any
    individual's benefit paid to such representative payee pursuant to
    this subsection or section 1007 or 1383(a)(2) of this title, the
    Commissioner of Social Security shall promptly revoke certification
    for payment of benefits to such representative payee pursuant to
    this subsection and certify payment to an alternative
    representative payee or, if the interest of the individual under
    this subchapter would be served thereby, to the individual.
      (B) In the case of an individual entitled to benefits based on
    disability, the payment of such benefits shall be made to a
    representative payee if the Commissioner of Social Security
    determines that such payment would serve the interest of the
    individual because the individual also has an alcoholism or drug
    addiction condition (as determined by the Commissioner) and the
    individual is incapable of managing such benefits.
      (2)(A) Any certification made under paragraph (1) for payment of
    benefits to an individual's representative payee shall be made on
    the basis of - 
        (i) an investigation by the Commissioner of Social Security of
      the person to serve as representative payee, which shall be
      conducted in advance of such certification and shall, to the
      extent practicable, include a face-to-face interview with such
      person, and
        (ii) adequate evidence that such certification is in the
      interest of such individual (as determined by the Commissioner of
      Social Security in regulations).

      (B)(i) As part of the investigation referred to in subparagraph
    (A)(i), the Commissioner of Social Security shall - 
        (I) require the person being investigated to submit documented
      proof of the identity of such person, unless information
      establishing such identity has been submitted with an application
      for benefits under this subchapter, subchapter VIII of this
      chapter, or subchapter XVI of this chapter,
        (II) verify such person's social security account number (or
      employer identification number),
        (III) determine whether such person has been convicted of a
      violation of section 408, 1011, or 1383a of this title,
        (IV) obtain information concerning whether such person has been
      convicted of any other offense under Federal or State law which
      resulted in imprisonment for more than 1 year,
        (V) obtain information concerning whether such person is a
      person described in section 402(x)(1)(A)(iv) of this title, and
        (VI) determine whether certification of payment of benefits to
      such person has been revoked pursuant to this subsection, the
      designation of such person as a representative payee has been
      revoked pursuant to section 1007(a) of this title, or payment of
      benefits to such person has been terminated pursuant to section
      1383(a)(2)(A)(iii) of this title by reason of misuse of funds
      paid as benefits under this subchapter, subchapter VIII of this
      chapter, or subchapter XVI of this chapter.

      (ii) The Commissioner of Social Security shall establish and
    maintain a centralized file, which shall be updated periodically
    and which shall be in a form which renders it readily retrievable
    by each servicing office of the Social Security Administration.
    Such file shall consist of - 
        (I) a list of the names and social security account numbers (or
      employer identification numbers) of all persons with respect to
      whom certification of payment of benefits has been revoked on or
      after January 1, 1991, pursuant to this subsection, whose
      designation as a representative payee has been revoked pursuant
      to section 1007(a) of this title, or with respect to whom payment
      of benefits has been terminated on or after such date pursuant to
      section 1383(a)(2)(A)(iii) of this title, by reason of misuse of
      funds paid as benefits under this subchapter, subchapter VIII of
      this chapter, or subchapter XVI of this chapter, and
        (II) a list of the names and social security account numbers
      (or employer identification numbers) of all persons who have been
      convicted of a violation of section 408, 1011, or 1383a of this
      title.

      (iii) Notwithstanding the provisions of section 552a of title 5
    or any other provision of Federal or State law (other than section
    6103 of the Internal Revenue Code of 1986 and section 1306(c) of
    this title), the Commissioner shall furnish any Federal, State, or
    local law enforcement officer, upon the written request of the
    officer, with the current address, social security account number,
    and photograph (if applicable) of any person investigated under
    this paragraph, if the officer furnishes the Commissioner with the
    name of such person and such other identifying information as may
    reasonably be required by the Commissioner to establish the unique
    identity of such person, and notifies the Commissioner that - 
        (I) such person is described in section 402(x)(1)(A)(iv) of
      this title,
        (II) such person has information that is necessary for the
      officer to conduct the officer's official duties, and
        (III) the location or apprehension of such person is within the
      officer's official duties.

      (C)(i) Benefits of an individual may not be certified for payment
    to any other person pursuant to this subsection if - 
        (I) such person has previously been convicted as described in
      subparagraph (B)(i)(III),
        (II) except as provided in clause (ii), certification of
      payment of benefits to such person under this subsection has
      previously been revoked as described in subparagraph (B)(i)(VI)
      (!6) the designation of such person as a representative payee has
      been revoked pursuant to section 1007(a) of this title, or
      payment of benefits to such person pursuant to section
      1383(a)(2)(A)(ii) of this title has previously been terminated as
      described in section 1383(a)(2)(B)(ii)(VI) of this title,

        (III) except as provided in clause (iii), such person is a
      creditor of such individual who provides such individual with
      goods or services for consideration,
        (IV) such person has previously been convicted as described in
      subparagraph (B)(i)(IV), unless the Commissioner determines that
      such certification would be appropriate notwithstanding such
      conviction, or
        (V) such person is a person described in section
      402(x)(1)(A)(iv) of this title.

      (ii) The Commissioner of Social Security shall prescribe
    regulations under which the Commissioner of Social Security may
    grant exemptions to any person from the provisions of clause
    (i)(II) on a case-by-case basis if such exemption is in the best
    interest of the individual whose benefits would be paid to such
    person pursuant to this subsection.
      (iii) Clause (i)(III) shall not apply with respect to any person
    who is a creditor referred to therein if such creditor is - 
        (I) a relative of such individual if such relative resides in
      the same household as such individual,
        (II) a legal guardian or legal representative of such
      individual,
        (III) a facility that is licensed or certified as a care
      facility under the law of a State or a political subdivision of a
      State,
        (IV) a person who is an administrator, owner, or employee of a
      facility referred to in subclause (III) if such individual
      resides in such facility, and the certification of payment to
      such facility or such person is made only after good faith
      efforts have been made by the local servicing office of the
      Social Security Administration to locate an alternative
      representative payee to whom such certification of payment would
      serve the best interests of such individual, or
        (V) an individual who is determined by the Commissioner of
      Social Security, on the basis of written findings and under
      procedures which the Commissioner of Social Security shall
      prescribe by regulation, to be acceptable to serve as a
      representative payee.

      (iv) The procedures referred to in clause (iii)(V) shall require
    the individual who will serve as representative payee to establish,
    to the satisfaction of the Commissioner of Social Security, that - 
        (I) such individual poses no risk to the beneficiary,
        (II) the financial relationship of such individual to the
      beneficiary poses no substantial conflict of interest, and
        (III) no other more suitable representative payee can be found.

      (v) In the case of an individual described in paragraph (1)(B),
    when selecting such individual's representative payee, preference
    shall be given to - 
        (I) a certified community-based nonprofit social service agency
      (as defined in paragraph (10)),
        (II) a Federal, State, or local government agency whose mission
      is to carry out income maintenance, social service, or health
      care-related activities,
        (III) a State or local government agency with fiduciary
      responsibilities, or
        (IV) a designee of an agency (other than of a Federal agency)
      referred to in the preceding subclauses of this clause, if the
      Commissioner of Social Security deems it appropriate,

    unless the Commissioner of Social Security determines that
    selection of a family member would be appropriate.
      (D)(i) Subject to clause (ii), if the Commissioner of Social
    Security makes a determination described in the first sentence of
    paragraph (1) with respect to any individual's benefit and
    determines that direct payment of the benefit to the individual
    would cause substantial harm to the individual, the Commissioner of
    Social Security may defer (in the case of initial entitlement) or
    suspend (in the case of existing entitlement) direct payment of
    such benefit to the individual, until such time as the selection of
    a representative payee is made pursuant to this subsection.
      (ii)(I) Except as provided in subclause (II), any deferral or
    suspension of direct payment of a benefit pursuant to clause (i)
    shall be for a period of not more than 1 month.
      (II) Subclause (I) shall not apply in any case in which the
    individual is, as of the date of the Commissioner's determination,
    legally incompetent, under the age of 15 years, or described in
    paragraph (1)(B).
      (iii) Payment pursuant to this subsection of any benefits which
    are deferred or suspended pending the selection of a representative
    payee shall be made to the individual or the representative payee
    as a single sum or over such period of time as the Commissioner of
    Social Security determines is in the best interest of the
    individual entitled to such benefits.
      (E)(i) Any individual who is dissatisfied with a determination by
    the Commissioner of Social Security to certify payment of such
    individual's benefit to a representative payee under paragraph (1)
    or with the designation of a particular person to serve as
    representative payee shall be entitled to a hearing by the
    Commissioner of Social Security to the same extent as is provided
    in subsection (b) of this section, and to judicial review of the
    Commissioner's final decision as is provided in subsection (g) of
    this section.
      (ii) In advance of the certification of payment of an
    individual's benefit to a representative payee under paragraph (1),
    the Commissioner of Social Security shall provide written notice of
    the Commissioner's initial determination to certify such payment.
    Such notice shall be provided to such individual, except that, if
    such individual - 
        (I) is under the age of 15,
        (II) is an unemancipated minor under the age of 18, or
        (III) is legally incompetent,

    then such notice shall be provided solely to the legal guardian or
    legal representative of such individual.
      (iii) Any notice described in clause (ii) shall be clearly
    written in language that is easily understandable to the reader,
    shall identify the person to be designated as such individual's
    representative payee, and shall explain to the reader the right
    under clause (i) of such individual or of such individual's legal
    guardian or legal representative - 
        (I) to appeal a determination that a representative payee is
      necessary for such individual,
        (II) to appeal the designation of a particular person to serve
      as the representative payee of such individual, and
        (III) to review the evidence upon which such designation is
      based and submit additional evidence.

      (3)(A) In any case where payment under this subchapter is made to
    a person other than the individual entitled to such payment, the
    Commissioner of Social Security shall establish a system of
    accountability monitoring whereby such person shall report not less
    often than annually with respect to the use of such payments. The
    Commissioner of Social Security shall establish and implement
    statistically valid procedures for reviewing such reports in order
    to identify instances in which such persons are not properly using
    such payments.
      (B) Subparagraph (A) shall not apply in any case where the other
    person to whom such payment is made is a State institution. In such
    cases, the Commissioner of Social Security shall establish a system
    of accountability monitoring for institutions in each State.
      (C) Subparagraph (A) shall not apply in any case where the
    individual entitled to such payment is a resident of a Federal
    institution and the other person to whom such payment is made is
    the institution.
      (D) Notwithstanding subparagraphs (A), (B), and (C), the
    Commissioner of Social Security may require a report at any time
    from any person receiving payments on behalf of another, if the
    Commissioner of Social Security has reason to believe that the
    person receiving such payments is misusing such payments.
      (E) In any case in which the person described in subparagraph (A)
    or (D) receiving payments on behalf of another fails to submit a
    report required by the Commissioner of Social Security under
    subparagraph (A) or (D), the Commissioner may, after furnishing
    notice to such person and the individual entitled to such payment,
    require that such person appear in person at a field office of the
    Social Security Administration serving the area in which the
    individual resides in order to receive such payments.
      (F) The Commissioner of Social Security shall maintain a
    centralized file, which shall be updated periodically and which
    shall be in a form which will be readily retrievable by each
    servicing office of the Social Security Administration, of - 
        (i) the address and the social security account number (or
      employer identification number) of each representative payee who
      is receiving benefit payments pursuant to this subsection,
      section 1007 of this title, or section 1383(a)(2) of this title,
      and
        (ii) the address and social security account number of each
      individual for whom each representative payee is reported to be
      providing services as representative payee pursuant to this
      subsection, section 1007 of this title, or section 1383(a)(2) of
      this title.

      (G) Each servicing office of the Administration shall maintain a
    list, which shall be updated periodically, of public agencies and
    certified community-based nonprofit social service agencies (as
    defined in paragraph (10)) which are qualified to serve as
    representative payees pursuant to this subsection or section 1007
    or 1383(a)(2) of this title and which are located in the area
    served by such servicing office.
      (4)(A)(i) Except as provided in the next sentence, a qualified
    organization may collect from an individual a monthly fee for
    expenses (including overhead) incurred by such organization in
    providing services performed as such individual's representative
    payee pursuant to this subsection if such fee does not exceed the
    lesser of - 
        (I) 10 percent of the monthly benefit involved, or
        (II) $25.00 per month ($50.00 per month in any case in which
      the individual is described in paragraph (1)(B)).

    A qualified organization may not collect a fee from an individual
    for any month with respect to which the Commissioner of Social
    Security or a court of competent jurisdiction has determined that
    the organization misused all or part of the individual's benefit,
    and any amount so collected by the qualified organization for such
    month shall be treated as a misused part of the individual's
    benefit for purposes of paragraphs (5) and (6). The Commissioner
    shall adjust annually (after 1995) each dollar amount set forth in
    subclause (II) under procedures providing for adjustments in the
    same manner and to the same extent as adjustments are provided for
    under the procedures used to adjust benefit amounts under section
    415(i)(2)(A) of this title, except that any amount so adjusted that
    is not a multiple of $1.00 shall be rounded to the nearest multiple
    of $1.00. Any agreement providing for a fee in excess of the amount
    permitted under this subparagraph shall be void and shall be
    treated as misuse by such organization of such individual's
    benefits.
      (ii) In the case of an individual who is no longer currently
    entitled to monthly insurance benefits under this subchapter but to
    whom all past-due benefits have not been paid, for purposes of
    clause (i), any amount of such past-due benefits payable in any
    month shall be treated as a monthly benefit referred to in clause
    (i)(I).
      (B) For purposes of this paragraph, the term "qualified
    organization" means any State or local government agency whose
    mission is to carry out income maintenance, social service, or
    health care-related activities, any State or local government
    agency with fiduciary responsibilities, or any certified community-
    based nonprofit social service agency (as defined in paragraph
    (10)), if such agency, in accordance with any applicable
    regulations of the Commissioner of Social Security - 
        (i) regularly provides services as the representative payee,
      pursuant to this subsection or section 1007 or 1383(a)(2) of this
      title, concurrently to 5 or more individuals,(!7)

        (ii) demonstrates to the satisfaction of the Commissioner of
      Social Security that such agency is not otherwise a creditor of
      any such individual.

    The Commissioner of Social Security shall prescribe regulations
    under which the Commissioner of Social Security may grant an
    exception from clause (ii) for any individual on a case-by-case
    basis if such exception is in the best interests of such
    individual.
      (C) Any qualified organization which knowingly charges or
    collects, directly or indirectly, any fee in excess of the maximum
    fee prescribed under subparagraph (A) or makes any agreement,
    directly or indirectly, to charge or collect any fee in excess of
    such maximum fee, shall be fined in accordance with title 18, or
    imprisoned not more than 6 months, or both.
      (5) In cases where the negligent failure of the Commissioner of
    Social Security to investigate or monitor a representative payee
    results in misuse of benefits by the representative payee, the
    Commissioner of Social Security shall certify for payment to the
    beneficiary or the beneficiary's alternative representative payee
    an amount equal to such misused benefits. In any case in which a
    representative payee that - 
        (A) is not an individual (regardless of whether it is a
      "qualified organization" within the meaning of paragraph (4)(B));
      or
        (B) is an individual who, for any month during a period when
      misuse occurs, serves 15 or more individuals who are
      beneficiaries under this subchapter, subchapter VIII of this
      chapter, subchapter XVI of this chapter, or any combination of
      such subchapters;

    misuses all or part of an individual's benefit paid to such
    representative payee, the Commissioner of Social Security shall
    certify for payment to the beneficiary or the beneficiary's
    alternative representative payee an amount equal to the amount of
    such benefit so misused. The provisions of this paragraph are
    subject to the limitations of paragraph (7)(B). The Commissioner of
    Social Security shall make a good faith effort to obtain
    restitution from the terminated representative payee.
      (6)(A) In addition to such other reviews of representative payees
    as the Commissioner of Social Security may otherwise conduct, the
    Commissioner shall provide for the periodic onsite review of any
    person or agency located in the United States that receives the
    benefits payable under this subchapter (alone or in combination
    with benefits payable under subchapter VIII of this chapter or
    subchapter XVI of this chapter) to another individual pursuant to
    the appointment of such person or agency as a representative payee
    under this subsection, section 1007 of this title, or section
    1383(a)(2) of this title in any case in which - 
        (i) the representative payee is a person who serves in that
      capacity with respect to 15 or more such individuals;
        (ii) the representative payee is a certified community-based
      nonprofit social service agency (as defined in paragraph (10) of
      this subsection or section 1383(a)(2)(I) of this title); or
        (iii) the representative payee is an agency (other than an
      agency described in clause (ii)) that serves in that capacity
      with respect to 50 or more such individuals.

      (B) Within 120 days after the end of each fiscal year, the
    Commissioner shall submit to the Committee on Ways and Means of the
    House of Representatives and the Committee on Finance of the Senate
    a report on the results of periodic onsite reviews conducted during
    the fiscal year pursuant to subparagraph (A) and of any other
    reviews of representative payees conducted during such fiscal year
    in connection with benefits under this subchapter. Each such report
    shall describe in detail all problems identified in such reviews
    and any corrective action taken or planned to be taken to correct
    such problems, and shall include - 
        (i) the number of such reviews;
        (ii) the results of such reviews;
        (iii) the number of cases in which the representative payee was
      changed and why;
        (iv) the number of cases involving the exercise of expedited,
      targeted oversight of the representative payee by the
      Commissioner conducted upon receipt of an allegation of misuse of
      funds, failure to pay a vendor, or a similar irregularity;
        (v) the number of cases discovered in which there was a misuse
      of funds;
        (vi) how any such cases of misuse of funds were dealt with by
      the Commissioner;
        (vii) the final disposition of such cases of misuse of funds,
      including any criminal penalties imposed; and
        (viii) such other information as the Commissioner deems
      appropriate.

      (7)(A) If the Commissioner of Social Security or a court of
    competent jurisdiction determines that a representative payee that
    is not a Federal, State, or local government agency has misused all
    or part of an individual's benefit that was paid to such
    representative payee under this subsection, the representative
    payee shall be liable for the amount misused, and such amount (to
    the extent not repaid by the representative payee) shall be treated
    as an overpayment of benefits under this subchapter to the
    representative payee for all purposes of this chapter and related
    laws pertaining to the recovery of such overpayments. Subject to
    subparagraph (B), upon recovering all or any part of such amount,
    the Commissioner shall certify an amount equal to the recovered
    amount for payment to such individual or such individual's
    alternative representative payee.
      (B) The total of the amount certified for payment to such
    individual or such individual's alternative representative payee
    under subparagraph (A) and the amount certified for payment under
    paragraph (5) may not exceed the total benefit amount misused by
    the representative payee with respect to such individual.
      (8) For purposes of this subsection, the term "benefit based on
    disability" of an individual means a disability insurance benefit
    of such individual under section 423 of this title or a child's,
    widow's, or widower's insurance benefit of such individual under
    section 402 of this title based on such individual's disability.
      (9) For purposes of this subsection, misuse of benefits by a
    representative payee occurs in any case in which the representative
    payee receives payment under this subchapter for the use and
    benefit of another person and converts such payment, or any part
    thereof, to a use other than for the use and benefit of such other
    person. The Commissioner of Social Security may prescribe by
    regulation the meaning of the term "use and benefit" for purposes
    of this paragraph.
      (10) For purposes of this subsection, the term "certified
    community-based nonprofit social service agency" means a community-
    based nonprofit social service agency which is in compliance with
    requirements, under regulations which shall be prescribed by the
    Commissioner, for annual certification to the Commissioner that it
    is bonded in accordance with requirements specified by the
    Commissioner and that it is licensed in each State in which it
    serves as a representative payee (if licensing is available in the
    State) in accordance with requirements specified by the
    Commissioner. Any such annual certification shall include a copy of
    any independent audit on the agency which may have been performed
    since the previous certification.
    (k) Payments to incompetents
      Any payment made after December 31, 1939, under conditions set
    forth in subsection (j) of this section, any payment made before
    January 1, 1940, to, or on behalf of, a legally incompetent
    individual, and any payment made after December 31, 1939, to a
    legally incompetent individual without knowledge by the
    Commissioner of Social Security of incompetency prior to
    certification of payment, if otherwise valid under this subchapter,
    shall be a complete settlement and satisfaction of any claim,
    right, or interest in and to such payment.
    (l) Delegation of powers and duties by Commissioner
      The Commissioner of Social Security is authorized to delegate to
    any member, officer, or employee of the Social Security
    Administration designated by the Commissioner any of the powers
    conferred upon the Commissioner by this section, and is authorized
    to be represented by the Commissioner's own attorneys in any court
    in any case or proceeding arising under the provisions of
    subsection (e) of this section.
    (m) Repealed. Aug. 28, 1950, ch. 809, title I, Sec. 101(b)(2), 64
      Stat. 488
    (n) Joint payments
      The Commissioner of Social Security may, in the Commissioner's
    discretion, certify to the Managing Trustee any two or more
    individuals of the same family for joint payment of the total
    benefits payable to such individuals for any month, and if one of
    such individuals dies before a check representing such joint
    payment is negotiated, payment of the amount of such unnegotiated
    check to the surviving individual or individuals may be authorized
    in accordance with regulations of the Secretary of the Treasury;
    except that appropriate adjustment or recovery shall be made under
    section 404(a) of this title with respect to so much of the amount
    of such check as exceeds the amount to which such surviving
    individual or individuals are entitled under this subchapter for
    such month.
    (o) Crediting of compensation under Railroad Retirement Act
      If there is no person who would be entitled, upon application
    therefor, to an annuity under section 2 of the Railroad Retirement
    Act of 1974 [45 U.S.C. 231a], or to a lump-sum payment under
    section 6(b) of such Act [45 U.S.C. 231e(b)], with respect to the
    death of an employee (as defined in such Act), then,
    notwithstanding section 410(a)(9) of this title, compensation (as
    defined in such Railroad Retirement Act, but excluding compensation
    attributable as having been paid during any month on account of
    military service creditable under section 3(i) of such Act [45
    U.S.C. 231b(i)] if wages are deemed to have been paid to such
    employee during such month under subsection (a) or (e) of section
    417 of this title) of such employee shall constitute remuneration
    for employment for purposes of determining (A) entitlement to and
    the amount of any lump-sum death payment under this subchapter on
    the basis of such employee's wages and self-employment income and
    (B) entitlement to and the amount of any monthly benefit under this
    subchapter, for the month in which such employee died or for any
    month thereafter, on the basis of such wages and self-employment
    income. For such purposes, compensation (as so defined) paid in a
    calendar year before 1978 shall, in the absence of evidence to the
    contrary, be presumed to have been paid in equal proportions with
    respect to all months in the year in which the employee rendered
    services for such compensation.
    (p) Special rules in case of Federal service
      (1) With respect to service included as employment under section
    410 of this title which is performed in the employ of the United
    States or in the employ of any instrumentality which is wholly
    owned by the United States, including service, performed as a
    member of a uniformed service, to which the provisions of
    subsection (l)(1) of such section are applicable, and including
    service, performed as a volunteer or volunteer leader within the
    meaning of the Peace Corps Act [22 U.S.C. 2501 et seq.], to which
    the provisions of section 410(o) of this title are applicable, the
    Commissioner of Social Security shall not make determinations as to
    the amounts of remuneration for such service, or the periods in
    which or for which such remuneration was paid, but shall accept the
    determinations with respect thereto of the head of the appropriate
    Federal agency or instrumentality, and of such agents as such head
    may designate, as evidenced by returns filed in accordance with the
    provisions of section 3122 of the Internal Revenue Code of 1954 and
    certifications made pursuant to this subsection. Such
    determinations shall be final and conclusive. Nothing in this
    paragraph shall be construed to affect the Commissioner's authority
    to determine under sections 409 and 410 of this title whether any
    such service constitutes employment, the periods of such
    employment, and whether remuneration paid for any such service
    constitutes wages.
      (2) The head of any such agency or instrumentality is authorized
    and directed, upon written request of the Commissioner of Social
    Security, to make certification to the Commissioner with respect to
    any matter determinable for the Commissioner of Social Security by
    such head or his agents under this subsection, which the
    Commissioner of Social Security finds necessary in administering
    this subchapter.
      (3) The provisions of paragraphs (1) and (2) of this subsection
    shall be applicable in the case of service performed by a civilian
    employee, not compensated from funds appropriated by the Congress,
    in the Army and Air Force Exchange Service, Army and Air Force
    Motion Picture Service, Navy Exchanges, Marine Corps Exchanges, or
    other activities, conducted by an instrumentality of the United
    States subject to the jurisdiction of the Secretary of Defense, at
    installations of the Department of Defense for the comfort,
    pleasure, contentment, and mental and physical improvement of
    personnel of such Department; and for purposes of paragraphs (1)
    and (2) of this subsection the Secretary of Defense shall be deemed
    to be the head of such instrumentality. The provisions of
    paragraphs (1) and (2) shall be applicable also in the case of
    service performed by a civilian employee, not compensated from
    funds appropriated by the Congress, in the Coast Guard Exchanges or
    other activities, conducted by an instrumentality of the United
    States subject to the jurisdiction of the Secretary of Homeland
    Security, at installations of the Coast Guard for the comfort,
    pleasure, contentment, and mental and physical improvement of
    personnel of the Coast Guard; and for purposes of paragraphs (1)
    and (2) the Secretary of Homeland Security shall be deemed to be
    the head of such instrumentality.
    (q) Expedited benefit payments
      (1) The Commissioner of Social Security shall establish and put
    into effect procedures under which expedited payment of monthly
    insurance benefits under this subchapter will, subject to paragraph
    (4) of this subsection, be made as set forth in paragraphs (2) and
    (3) of this subsection.
      (2) In any case in which - 
        (A) an individual makes an allegation that a monthly benefit
      under this subchapter was due him in a particular month but was
      not paid to him, and
        (B) such individual submits a written request for the payment
      of such benefit - 
          (i) in the case of an individual who received a regular
        monthly benefit in the month preceding the month with respect
        to which such allegation is made, not less than 30 days after
        the 15th day of the month with respect to which such allegation
        is made (and in the event that such request is submitted prior
        to the expiration of such 30-day period, it shall be deemed to
        have been submitted upon the expiration of such period), and
          (ii) in any other case, not less than 90 days after the later
        of (I) the date on which such benefit is alleged to have been
        due, or (II) the date on which such individual furnished the
        last information requested by the Commissioner of Social
        Security (and such written request will be deemed to be filed
        on the day on which it was filed, or the ninetieth day after
        the first day on which the Commissioner of Social Security has
        evidence that such allegation is true, whichever is later),

    the Commissioner of Social Security shall, if the Commissioner
    finds that benefits are due, certify such benefits for payment, and
    payment shall be made within 15 days immediately following the date
    on which the written request is deemed to have been filed.
      (3) In any case in which the Commissioner of Social Security
    determines that there is evidence, although additional evidence
    might be required for a final decision, that an allegation
    described in paragraph (2)(A) is true, the Commissioner may make a
    preliminary certification of such benefit for payment even though
    the 30-day or 90-day periods described in paragraph (2)(B)(i) and
    (B)(ii) have not elapsed.
      (4) Any payment made pursuant to a certification under paragraph
    (3) of this subsection shall not be considered an incorrect payment
    for purposes of determining the liability of the certifying or
    disbursing officer.
      (5) For purposes of this subsection, benefits payable under
    section 428 of this title shall be treated as monthly insurance
    benefits payable under this subchapter. However, this subsection
    shall not apply with respect to any benefit for which a check has
    been negotiated, or with respect to any benefit alleged to be due
    under either section 423 of this title, or section 402 of this
    title to a wife, husband, or child of an individual entitled to or
    applying for benefits under section 423 of this title, or to a
    child who has attained age 18 and is under a disability, or to a
    widow or widower on the basis of being under a disability.
    (r) Use of death certificates to correct program information
      (1) The Commissioner of Social Security shall undertake to
    establish a program under which - 
        (A) States (or political subdivisions thereof) voluntarily
      contract with the Commissioner of Social Security to furnish the
      Commissioner of Social Security periodically with information (in
      a form established by the Commissioner of Social Security in
      consultation with the States) concerning individuals with respect
      to whom death certificates (or equivalent documents maintained by
      the States or subdivisions) have been officially filed with them;
      and
        (B) there will be (i) a comparison of such information on such
      individuals with information on such individuals in the records
      being used in the administration of this chapter, (ii) validation
      of the results of such comparisons, and (iii) corrections in such
      records to accurately reflect the status of such individuals.

      (2) Each State (or political subdivision thereof) which furnishes
    the Commissioner of Social Security with information on records of
    deaths in the State or subdivision under this subsection may be
    paid by the Commissioner of Social Security from amounts available
    for administration of this chapter the reasonable costs
    (established by the Commissioner of Social Security in
    consultations with the States) for transcribing and transmitting
    such information to the Commissioner of Social Security.
      (3) In the case of individuals with respect to whom federally
    funded benefits are provided by (or through) a Federal or State
    agency other than under this chapter, the Commissioner of Social
    Security shall to the extent feasible provide such information
    through a cooperative arrangement with such agency, for ensuring
    proper payment of those benefits with respect to such individuals
    if - 
        (A) under such arrangement the agency provides reimbursement to
      the Commissioner of Social Security for the reasonable cost of
      carrying out such arrangement, and
        (B) such arrangement does not conflict with the duties of the
      Commissioner of Social Security under paragraph (1).

      (4) The Commissioner of Social Security may enter into similar
    agreements with States to provide information for their use in
    programs wholly funded by the States if the requirements of
    subparagraphs (A) and (B) of paragraph (3) are met.
      (5) The Commissioner of Social Security may use or provide for
    the use of such records as may be corrected under this section,
    subject to such safeguards as the Commissioner of Social Security
    determines are necessary or appropriate to protect the information
    from unauthorized use or disclosure, for statistical and research
    activities conducted by Federal and State agencies.
      (6) Information furnished to the Commissioner of Social Security
    under this subsection may not be used for any purpose other than
    the purpose described in this subsection and is exempt from
    disclosure under section 552 of title 5 and from the requirements
    of section 552a of such title.
      (7) The Commissioner of Social Security shall include information
    on the status of the program established under this section and
    impediments to the effective implementation of the program in the
    1984 report required under section 904 of this title.
      (8)(A) The Commissioner of Social Security shall, upon the
    request of the official responsible for a State driver's license
    agency pursuant to the Help America Vote Act of 2002 - 
        (i) enter into an agreement with such official for the purpose
      of verifying applicable information, so long as the requirements
      of subparagraphs (A) and (B) of paragraph (3) are met; and
        (ii) include in such agreement safeguards to assure the
      maintenance of the confidentiality of any applicable information
      disclosed and procedures to permit such agency to use the
      applicable information for the purpose of maintaining its
      records.

      (B) Information provided pursuant to an agreement under this
    paragraph shall be provided at such time, in such place, and in
    such manner as the Commissioner determines appropriate.
      (C) The Commissioner shall develop methods to verify the accuracy
    of information provided by the agency with respect to applications
    for voter registration, for whom the last 4 digits of a social
    security number are provided instead of a driver's license number.
      (D) For purposes of this paragraph - 
        (i) the term "applicable information" means information
      regarding whether - 
          (I) the name (including the first name and any family
        forename or surname), the date of birth (including the month,
        day, and year), and social security number of an individual
        provided to the Commissioner match the information contained in
        the Commissioner's records, and
          (II) such individual is shown on the records of the
        Commissioner as being deceased; and

        (ii) the term "State driver's license agency" means the State
      agency which issues driver's licenses to individuals within the
      State and maintains records relating to such licensure.

      (E) Nothing in this paragraph may be construed to require the
    provision of applicable information with regard to a request for a
    record of an individual if the Commissioner determines there are
    exceptional circumstances warranting an exception (such as safety
    of the individual or interference with an investigation).
      (F) Applicable information provided by the Commission pursuant to
    an agreement under this paragraph or by an individual to any agency
    that has entered into an agreement under this paragraph shall be
    considered as strictly confidential and shall be used only for the
    purposes described in this paragraph and for carrying out an
    agreement under this paragraph. Any officer or employee or former
    officer or employee of a State, or any officer or employee or
    former officer or employee of a contractor of a State who, without
    the written authority of the Commissioner, publishes or
    communicates any applicable information in such individual's
    possession by reason of such employment or position as such an
    officer, shall be guilty of a felony and upon conviction thereof
    shall be fined or imprisoned, or both, as described in section 408
    of this title.
      (9)(A) The Commissioner of Social Security shall, upon the
    request of the Secretary or the Inspector General of the Department
    of Health and Human Services - 
        (i) enter into an agreement with the Secretary or such
      Inspector General for the purpose of matching data in the system
      of records of the Social Security Administration and the system
      of records of the Department of Health and Human Services; and
        (ii) include in such agreement safeguards to assure the
      maintenance of the confidentiality of any information disclosed.

      (B) For purposes of this paragraph, the term "system of records"
    has the meaning given such term in section 552a(a)(5) of title 5.
    (s) Notice requirements
      The Commissioner of Social Security shall take such actions as
    are necessary to ensure that any notice to one or more individuals
    issued pursuant to this subchapter by the Commissioner of Social
    Security or by a State agency - 
        (1) is written in simple and clear language, and
        (2) includes the address and telephone number of the local
      office of the Social Security Administration which serves the
      recipient.

    In the case of any such notice which is not generated by a local
    servicing office, the requirements of paragraph (2) shall be
    treated as satisfied if such notice includes the address of the
    local office of the Social Security Administration which services
    the recipient of the notice and a telephone number through which
    such office can be reached.
    (t) Same-day personal interviews at field offices in cases where
      time is of essence
      In any case in which an individual visits a field office of the
    Social Security Administration and represents during the visit to
    an officer or employee of the Social Security Administration in the
    office that the individual's visit is occasioned by - 
        (1) the receipt of a notice from the Social Security
      Administration indicating a time limit for response by the
      individual, or
        (2) the theft, loss, or nonreceipt of a benefit payment under
      this subchapter,

    the Commissioner of Social Security shall ensure that the
    individual is granted a face-to-face interview at the office with
    an officer or employee of the Social Security Administration before
    the close of business on the day of the visit.
    (u) Redetermination of entitlement
      (1)(A) The Commissioner of Social Security shall immediately
    redetermine the entitlement of individuals to monthly insurance
    benefits under this subchapter if there is reason to believe that
    fraud or similar fault was involved in the application of the
    individual for such benefits, unless a United States attorney, or
    equivalent State prosecutor, with jurisdiction over potential or
    actual related criminal cases, certifies, in writing, that there is
    a substantial risk that such action by the Commissioner of Social
    Security with regard to beneficiaries in a particular investigation
    would jeopardize the criminal prosecution of a person involved in a
    suspected fraud.
      (B) When redetermining the entitlement, or making an initial
    determination of entitlement, of an individual under this
    subchapter, the Commissioner of Social Security shall disregard any
    evidence if there is reason to believe that fraud or similar fault
    was involved in the providing of such evidence.
      (2) For purposes of paragraph (1), similar fault is involved with
    respect to a determination if - 
        (A) an incorrect or incomplete statement that is material to
      the determination is knowingly made; or
        (B) information that is material to the determination is
      knowingly concealed.

      (3) If, after redetermining pursuant to this subsection the
    entitlement of an individual to monthly insurance benefits, the
    Commissioner of Social Security determines that there is
    insufficient evidence to support such entitlement, the Commissioner
    of Social Security may terminate such entitlement and may treat
    benefits paid on the basis of such insufficient evidence as
    overpayments.