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[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1327 Introduced in Senate (IS)]

106th CONGRESS
  1st Session
                                S. 1327

   To amend part E of title IV of the Social Security Act to provide 
   States with more funding and greater flexibility in carrying out 
programs designed to help children make the transition from foster care 
              to self-sufficiency, and for other purposes.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                              July 1, 1999

   Mr. Chafee (for himself, Mr. Rockefeller, Mr. Bond, Mr. Reed, Mr. 
 Jeffords, Mr. Moynihan, Mr. Breaux, Ms. Landrieu, Mr. Kerrey, and Ms. 
   Mikulski) introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 A BILL

 
   To amend part E of title IV of the Social Security Act to provide 
   States with more funding and greater flexibility in carrying out 
programs designed to help children make the transition from foster care 
              to self-sufficiency, and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Foster Care 
Independence Act of 1999''.
    (b) Table of Contents.--The table of contents of this Act is as 
follows:

Sec. 1. Short title; table of contents.
              TITLE I--IMPROVED INDEPENDENT LIVING PROGRAM

            Subtitle A--Improved Independent Living Program

Sec. 101. Improved independent living program.
               Subtitle B--Related Foster Care Provision

Sec. 111. Increase in amount of assets allowable for children in foster 
                            care.
                    Subtitle C--Medicaid Amendments

Sec. 121. State option of medicaid coverage for adolescents leaving 
                            foster care.
                 Subtitle D--Welfare-To-Work Amendments

Sec. 131. Children aging out of foster care eligible for services.
                     TITLE II--SSI FRAUD PREVENTION

          Subtitle A--Fraud Prevention and Related Provisions

Sec. 201. Liability of representative payees for overpayments to 
                            deceased recipients.
Sec. 202. Recovery of overpayments of SSI benefits from lump sum SSI 
                            benefit payments.
Sec. 203. Additional debt collection practices.
Sec. 204. Requirement to provide State prisoner information to Federal 
                            and federally assisted benefit programs.
Sec. 205. Rules relating to collection of overpayments from individuals 
                            convicted of crimes.
Sec. 206. Treatment of assets held in trust under the SSI program.
Sec. 207. Disposal of resources for less than fair market value under 
                            the SSI program.
Sec. 208. Administrative procedure for imposing penalties for false or 
                            misleading statements.
Sec. 209. Exclusion of representatives and health care providers 
                            convicted of violations from participation 
                            in social security programs.
Sec. 210. State data exchanges.
Sec. 211. Study on possible measures to improve fraud prevention and 
                            administrative processing.
Sec. 212. Annual report on amounts necessary to combat fraud.
Sec. 213. Computer matches with medicare and medicaid 
                            institutionalization data.
Sec. 214. Access to information held by financial institutions.
       Subtitle B--Benefits for Certain Veterans of World War II

Sec. 251. Establishment of program of special benefits for certain 
                            World War II veterans.
                        TITLE III--CHILD SUPPORT

Sec. 301. Elimination of enhanced matching for laboratory costs for 
                            paternity establishment.
Sec. 302. Elimination of hold harmless provision for State share of 
                            distribution of collected child support.
                    TITLE IV--TECHNICAL CORRECTIONS

Sec. 401. Technical corrections relating to amendments made by the 
                            Personal Responsibility and Work 
                            Opportunity Reconciliation Act of 1996.

              TITLE I--IMPROVED INDEPENDENT LIVING PROGRAM

            Subtitle A--Improved Independent Living Program

SEC. 101. IMPROVED INDEPENDENT LIVING PROGRAM.

    (a) Findings.--The Congress finds the following:
            (1) The Adoption and Safe Families Act of 1997 establishes 
        that safety, health, and permanency are paramount when planning 
        for children in foster care. States are required to make 
        reasonable efforts to locate permanent families for all 
        children, including older children and teens, for whom 
        reunification with their biological families is not in the best 
        interests of the children.
            (2) Older children who continue to be in foster care as 
        adolescents may become eligible for Independent Living 
        programs. These Independent Living programs are not an 
        alternative to permanency planning for these children. 
        Enrollment in Independent Living programs can occur concurrent 
        with continued efforts to locate, and achieve placement in, 
        permanent families for older children in foster care.
            (3) About 20,000 adolescents leave the Nation's foster care 
        system each year because they have reached 18 years of age and 
        are expected to support themselves. In addition, approximately 
        5,000 adolescents (foster children over the age of 12) are 
        adopted out of the foster care system each year, of whom 
        approximately 620 are over the age of 16 at the time of their 
        adoption. A large percentage of these children have not yet 
        completed their high school education.
            (4) Congress has received extensive information that 
        adolescents leaving foster care are in trouble. A careful study 
        of all the children aging out of foster care in Wisconsin 
        during 1994 showed high rates of school dropout, out-of-wedlock 
        childbearing, homelessness, poverty, and being the target of 
        crime and physical assaults.
            (4) The Nation's State and local governments, with 
        financial support from the Federal Government, should offer an 
        extensive program of education, health and mental health care, 
        training, employment, financial support, and post adoption 
        support services for adolescents leaving foster care (including 
        those who exit foster care to adoption), with participation in 
        such program beginning several years before high school 
        graduation and continuing, as needed, until the young adults 
        exiting foster care establish independence or reach 21 years of 
        age.
    (b) Improved Independent Living Program.--Section 477 of the Social 
Security Act (42 U.S.C. 677) is amended to read as follows:

``SEC. 477. INDEPENDENT LIVING PROGRAM.

    ``(a) Purpose.--The purpose of this section is to provide States 
with flexible funding that will enable the States to design and conduct 
programs--
            ``(1) to identify children who are likely to remain in 
        foster care during their teenage years and that help these 
        children make the transition to self-sufficiency by providing 
        services such as assistance in obtaining a high school diploma, 
        career exploration, vocational training, job placement and 
        retention, training in daily living skills, training in 
        budgeting and financial management skills, substance abuse 
        prevention, and how to maintain their own physical and mental 
        health, including how to access health care, mental health, and 
        community-based peer-support services;
            ``(2) to help children leaving foster care, including those 
        adopted after age 16, obtain the education, training, and 
        services necessary to obtain and maintain employment;
            ``(3) to help children leaving foster care, including those 
        adopted after age 16, prepare for and enter postsecondary 
        training and education institutions;
            ``(4) to provide personal and emotional support to children 
        aging out of foster care, through mentors, the promotion of 
        interactions with dedicated adults, and continued efforts at 
        locating permanent family resources, including adoption, for 
        these children; and
            ``(5) to provide financial assistance, access to health and 
        mental health care, supervised housing, counseling, employment, 
        education, permanency planning, and other appropriate support 
        and services that promote active and responsible citizenship, 
        healthy development, and community membership to former foster 
        care recipients between 18 and 21 years of age to complement 
        their own efforts to achieve long-term self-sufficiency.
    ``(b) Applications.--
            ``(1) In general.--A State may apply for funds from its 
        allotment under subsection (c) for a period of 5 consecutive 
        fiscal years by submitting to the Secretary, in writing, a plan 
        that meets the requirements of paragraph (2) and the 
        certifications required by paragraph (3) with respect to the 
        plan.
            ``(2) State plan.--A plan meets the requirements of this 
        paragraph if the plan specifies which State agency or agencies 
        will administer, supervise, or oversee the programs carried out 
        under the plan, and describes how the State intends to do the 
        following:
                    ``(A) Design and deliver programs to achieve the 
                purposes of this section in such a way that each 
                child's health, safety, opportunity for a permanent 
                family, and successful, long-term self-sufficiency is 
                of paramount concern.
                    ``(B) Ensure that all political subdivisions in the 
                State are served by the programs, though not 
                necessarily in a uniform manner.
                    ``(C) Ensure that the programs serve children of 
                various ages and at various stages of achieving 
                independence.
                    ``(D) Involve public and private individuals and 
                organizations familiar with, or interested in 
                addressing, the needs of youths aging out of foster 
                care, including young people served by these programs, 
                and, where they exist, organizations of youths who have 
                been in foster care.
                    ``(E) Use objective criteria for determining 
                eligibility for benefits and services under the 
                programs, and for ensuring fair and equitable treatment 
                of benefit recipients.
                    ``(F) Cooperate in national evaluations of the 
                effects of the programs in achieving the purposes of 
                this section.
                    ``(G) Designate an independent living coordinator 
                to oversee the delivery of benefits and services under 
                the programs.
            ``(3) Certifications.--The certifications required by this 
        paragraph with respect to a plan are the following:
                    ``(A) A certification by the chief executive 
                officer of the State that the State will provide 
                assistance and services to children who have left 
                foster care after the age of 16 but have not attained 
                21 years of age.
                    ``(B) A certification by the chief executive 
                officer of the State that not more than 30 percent of 
                the amounts paid to the State from its allotment under 
                subsection (c) for a fiscal year will be expended for 
                room or board for children who have left foster care 
after the age of 16 and have attained 18 but not 21 years of age, and 
that such room and board services shall be supervised, including 
interaction between the youths and adults, and the provision of such 
services shall include a requirement that the participating youths must 
be actively enrolled in educational, vocational training, or career 
development programs.
                    ``(C) A certification by the chief executive 
                officer of the State that none of the amounts paid to 
                the State from its allotment under subsection (c) will 
                be expended for room or board for any child who has not 
                attained 18 years of age.
                    ``(D) A certification by the chief executive 
                officer of the State that the State has consulted 
                widely with public and private individuals and 
                organizations familiar with, or interested in 
                addressing, the needs of youths aging out of foster 
                care, including young people served by the programs 
                under the plan, and, where they exist, organizations of 
                youths who have been in foster care, in developing the 
                plan and that the State has given all interested 
                members of the public at least 30 days to submit 
                comments on the plan.
                    ``(E) A certification by the chief executive 
                officer of the State that the State will make every 
                effort to coordinate the State programs receiving funds 
                provided from an allotment made to the State under 
                subsection (c) with other Federal and State programs 
                for youth, especially transitional living youth 
                projects authorized under part B of title III of the 
                Juvenile Justice and Delinquency Prevention Act of 1974 
                and funded and administered by the Department of Health 
                and Human Services, local housing programs, programs 
                for disabled youth, and school-to-work programs.
                    ``(F) A certification by the chief executive 
                officer of the State that each Indian tribe in the 
                State has been informed about the programs to be 
                carried out under the plan; that each such tribe has 
                been given an opportunity to comment on the plan before 
                submission to the Secretary; and that benefits and 
                services under the programs will be made available to 
                Indian children in the State on the same basis as to 
                other children in the State.
                    ``(G) A certification by the chief executive 
                officer of the State that the State will use training 
                funds provided under the program of Federal payments 
                for foster care and adoption assistance to provide 
                training to help foster parents, adoptive parents, 
                workers in group homes, and case managers understand 
                and address the issues confronting adolescents 
                preparing for independent living, with such training 
                utilizing a youth development approach, and will, to 
                the extent possible, coordinate such training with the 
                independent living program conducted for adolescents.
                    ``(H) A certification by the chief executive 
                officer of the State that the State will ensure that 
                each adolescent participating in any program under this 
                section will have a personal independent living plan, 
                and that adolescents themselves will participate 
                directly in designing their own program activities that 
                prepare them for independent living and in taking 
                personal responsibility for fulfilling their program 
                requirements.
                    ``(I) A certification by the chief executive 
                officer of the State that the State has established and 
                will enforce standards and procedures to prevent fraud 
                and abuse in the programs carried out under the plan.
            ``(4) Approval.--The Secretary shall approve an application 
        submitted by a State pursuant to paragraph (1) for a period 
        if--
                    ``(A) the application is submitted on or before 
                June 30 of the calendar year in which such period 
                begins; and
                    ``(B) the Secretary finds that the application 
                contains the material required by paragraph (1).
            ``(5) Authority to implement certain amendments; 
        notification.--A State with an application approved under 
        paragraph (4) may implement any amendment to the plan contained 
        in the application if the application, incorporating the 
        amendment, would be approvable under paragraph (4). Within 30 
        days after a State implements any such amendment, the State 
        shall notify the Secretary of the amendment.
            ``(6) Availability.--The State shall make available to the 
        public any application submitted by the State pursuant to 
        paragraph (1), and a brief summary of the plan contained in the 
        application.
    ``(c) Allotments to States.--For fiscal year 2000 and each 
succeeding fiscal year, the Secretary shall allot the amount specified 
in subsection (h) that remains after applying subsection (g)(2) among 
States with applications approved under subsection (b) for the fiscal 
year in the following manner:
            ``(1) The Secretary shall first allot to each State an 
        amount equal to the amount payable to the State for fiscal year 
        1998 under this section, as in effect on the day before the 
        date of the enactment of the Foster Care Independence Act of 
        1999.
            ``(2) From the amount remaining after carrying out 
        paragraph (1), the Secretary shall allot to each State that 
        elects the option under section 1902(a)(10)(A)(ii)(XV) to 
        provide medical assistance to independent foster care 
        adolescents the sum of--
                    ``(A) an amount equal to one-half of the amount 
                allotted to the State under paragraph (1), plus
                    ``(B) an amount bearing the same ratio to the 
                amount remaining after carrying out paragraph (1) and 
                subparagraph (A) as the number of children in foster 
                care under a program of the State in the most recent 
                fiscal year for which such information is available 
                bears to the total number of children in such foster 
                care in all States for such most recent fiscal year.
            ``(3) Reallotment of unused funds.--The Secretary shall use 
        the formula provided in paragraph (1) of this subsection to 
        reallot among the States with applications approved under 
        subsection (b) for a fiscal year any amount allotted to a State 
        under this subsection for the preceding year that is not 
        payable to the State for the preceding year.
    ``(d) Use of Funds.--
            ``(1) In general.--A State to which an amount is paid from 
        its allotment under subsection (c) may use the amount in any 
        manner that is reasonably calculated to accomplish the purposes 
        of this section.
            ``(2) No supplantation of other funds available for same 
        general purposes.--The amounts paid to a State from its 
        allotment under subsection (c) shall be used to supplement and 
        not supplant any other funds which are available for the same 
        general purposes in the State.
    ``(e) Penalties.--
            ``(1) Use of grant in violation of this part.--If the 
        Secretary is made aware, by an audit conducted under chapter 75 
        of title 31, United States Code, or by any other means, that a 
        program receiving funds from an allotment made to a State under 
        subsection (c) has been operated in a manner that is 
        inconsistent with, or not disclosed in the State application 
        approved under subsection (b), the Secretary shall assess a 
        penalty against the State in an amount equal to not less than 1 
        percent and not more than 5 percent of the amount of the 
        allotment.
            ``(2) Failure to comply with data reporting requirement.--
        The Secretary shall assess a penalty against a State that fails 
        during a fiscal year to comply with an information collection 
        plan implemented under subsection (f) in an amount equal to not 
        less than 1 percent and not more than 5 percent of the amount 
        allotted to the State for the fiscal year.
            ``(3) Penalties based on degree of noncompliance.--The 
        Secretary shall assess penalties under this subsection based on 
        the degree of noncompliance.
    ``(f) Data Collection and Performance Measurement.--
            ``(1) In general.--The Secretary, in consultation with 
        State and local public officials responsible for administering 
        independent living and other child welfare programs, child 
        welfare advocates, members of Congress, youth service 
        providers, and researchers, shall--
                    ``(A) develop outcome measures (such as measures of 
                educational attainment, employment, career goal-setting 
                and development, active participation in personal 
                health care, development of healthy relationships with 
                family, mentors, and other community members, as well 
                as, avoidance of dependency, homelessness, nonmarital 
                childbirth, illegal activities, substance abuse or 
                alcohol dependence, and high-risk behaviors) that can 
                be used--
                            ``(i) to assess the performance of States 
                        in operating independent living programs, and
                            ``(ii) to explicitly track all outcomes, 
                        particularly those related to educational 
                        attainment, for youths who are provided with 
                        room and board services under such State 
                        programs;
                    ``(B) identify data elements needed to track--
                            ``(i) the number and characteristics of 
                        children receiving services under this section;
                            ``(ii) the type and quantity of services 
                        being provided; and
                            ``(iii) State performance on the outcome 
                        measures;
                    ``(C) develop and implement a plan to collect the 
                needed information beginning with the 2nd fiscal year 
                beginning after the date of the enactment of this 
                section; and
                    ``(D) ensure that the data collection plan 
                described in subparagraph (C) will be coordinated with 
                the development and implementation of other data 
                collection efforts required under the Adoption and Safe 
                Families Act of 1997 and the Adoption and Foster Care 
                Reporting System and the Statewide Automated Child 
                Welfare Information Systems.
            ``(2) Report to the congress.--Within 12 months after the 
        date of the enactment of this section, the Secretary shall 
        submit to the Committee on Ways and Means of the House of 
        Representatives and the Committee on Finance of the Senate a 
        report detailing the plans and timetable for collecting from 
        the States the information described in paragraph (1).
    ``(g) Evaluations.--
            ``(1) In general.--The Secretary shall conduct evaluations 
        of such State programs funded under this section as the 
        Secretary deems to be innovative or of potential national 
        significance. The evaluation of any such program shall include 
        information on the effects of the program on education, 
        employment, and personal development. To the maximum extent 
        practicable, the evaluations shall be based on rigorous 
        scientific standards including random assignment to treatment 
        and control groups. The Secretary is encouraged to work 
        directly with State and local governments to design methods for 
        conducting the evaluations, directly or by grant, contract, or 
        cooperative agreement.
            ``(2) Funding of evaluations.--The Secretary shall reserve 
        1.5 percent of the amount specified in subsection (h) for a 
        fiscal year to carry out, during the fiscal year, evaluation, 
        technical assistance, performance measurement, and data 
        collection activities related to this section, directly or 
        through grants, contracts, or cooperative agreements with 
        appropriate entities.
    ``(h) Limitations on Authorization of Appropriations.--To carry out 
this section, there are authorized to be appropriated to the Secretary 
$140,000,000 for each fiscal year.''.
    (c) Payments to States.--Section 474(a)(4) of such Act (42 U.S.C. 
674(a)(4)) is amended to read as follows:
            ``(4) the lesser of--
                    ``(A) 80 percent of the amount (if any) by which--
                            ``(i) the total amount expended by the 
                        State during the fiscal year in which the 
                        quarter occurs to carry out programs in 
                        accordance with the State application approved 
                        under section 477(b) for the period in which 
                        the quarter occurs (including any amendment 
                        that meets the requirements of section 
                        477(b)(5)); exceeds
                            ``(ii) the total amount of any penalties 
                        assessed against the State under section 477(e) 
                        during the fiscal year in which the quarter 
                        occurs; or
                    ``(B) the amount allotted to the State under 
                section 477 for the fiscal year in which the quarter 
                occurs, reduced by the total of the amounts payable to 
                the State under this paragraph for all prior quarters 
                in the fiscal year.''.
    (d) Regulations.--Not later than 12 months after the date of the 
enactment of this Act, the Secretary of Health and Human Services shall 
issue such regulations as may be necessary to carry out the amendments 
made by this section.

               Subtitle B--Related Foster Care Provision

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

    Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) is 
amended by adding at the end the following: ``In determining whether a 
child would have received aid under a State plan approved under section 
402 (as in effect on July 16, 1996), a child whose resources 
(determined pursuant to section 402(a)(7)(B), as so in effect) have a 
combined value of not more than $10,000 shall be considered to be a 
child whose resources have a combined value of not more than $1,000 (or 
such lower amount as the State may determine for purposes of such 
section 402(a)(7)(B)).''.

                    Subtitle C--Medicaid Amendments

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

    (a) In General.--Title XIX of the Social Security Act is amended--
            (1) in section 1902(a)(10)(A)(ii) (42 U.S.C. 
        1396a(a)(10)(A)(ii))--
                    (A) by striking ``or'' at the end of subclause 
                (XIII);
                    (B) by adding ``or'' at the end of subclause (XIV); 
                and
                    (C) by adding at the end the following new 
                subclause:
                                    ``(XV) who are independent foster 
                                care adolescents (as defined in 
                                (section 1905(v)(1));''; and
            (2) in section 1905 (42 U.S.C. 1396d), by adding at the end 
        the following new subsection:
    ``(v)(1) For purposes of this title, the term `independent foster 
care adolescent' means an individual--
            ``(A) who is under 21 years of age;
            ``(B)(i) who, on the individual's 18th birthday, was in 
        foster care under the responsibility of a State, (ii) who is 
        described in subparagraph (A), (B), or (C) of section 477(a)(2) 
        (regardless of whether or not the State has exercised the 
        option described in such subparagraph (B) or (C)), or (iii) who 
        was adopted after the individual's 16th birthday and before the 
        individual's 18th birthday and with respect to whose adoption 
        there was in effect an adoption assistance agreement described 
        in section 473; and
            ``(C) who meets the income and resource standards (if any) 
        established by the State consistent with paragraph (2).
The State may waive the application of any resource or income standard 
otherwise applicable under subparagraph (C) for reasonable 
classifications of adolescents.
    ``(2) The income and resource standards (if any) established by a 
State under paragraph (1)(C) may not be less than the corresponding 
income and resource standards applied by the State under section 
1931(b) and the income and resource methodologies (if any) used in 
applying such paragraph may not be more restrictive than the 
methodologies referred to in paragraph (2)(C) of such section.''.
    (b) Conforming Amendment.--Section 1903(f)(4) of such Act (42 
U.S.C. 1396b(f)(4)) is amended 
by inserting ``1902(a)(10)(A)(ii)(XV),'' after 
1902(a)(10)(A)(ii)((X),''.
    (c) Effective Date.--The amendments made by this section shall 
apply to medical assistance for items and services furnished on or 
after October 1, 1999, without regard to whether or not final 
regulations to carry out such amendments have been promulgated by such 
date.

                 Subtitle D--Welfare-To-Work Amendments

SEC. 131. CHILDREN AGING OUT OF FOSTER CARE ELIGIBLE FOR SERVICES.

    (a) Recipients With Characteristics of Long-Term Dependency; 
Children Aging Out of Foster Care.--Clause (iii) of section 
403(a)(5)(C) of the Social Security Act (42 U.S.C. 603(a)(5)(C)(iii)) 
is amended--
            (1) in subclause (I), by striking ``or'' at the end;
            (2) in subclause (II), by striking the period at the end 
        and inserting ``; or''; and
            (3) by inserting after subclause (II) the following new 
        subclause:
                                    ``(III) to children--
                                            ``(aa) who have attained 18 
                                        years of age but not 25 years 
                                        of age; and
                                            ``(bb) who, on the day 
                                        before attaining 18 years of 
                                        age were recipients of foster 
                                        care maintenance payments (as 
                                        defined in section 475(4)) 
                                        under part E or were in foster 
                                        care under the responsibility 
                                        of a State.''.
    (b) Conforming Amendment.--Section 403(a)(5)(C)(iii) of the Social 
Security Act (42 U.S.C. 603(a)(5)(C)(iii)) is amended by inserting 
``hard to employ'' before ``individuals'' in the heading.
    (c) Effective Date.--The amendments made by this section shall take 
effect on October 1, 1999.

                     TITLE II--SSI FRAUD PREVENTION

          Subtitle A--Fraud Prevention and Related Provisions

SEC. 201. LIABILITY OF REPRESENTATIVE PAYEES FOR OVERPAYMENTS TO 
              DECEASED RECIPIENTS.

    (a) Amendment to Title II.--Section 204(a)(2) of the Social 
Security Act (42 U.S.C. 404(a)(2)) is amended by adding at the end the 
following new sentence: ``If any payment of more than the correct 
amount is made to a representative payee on behalf of an individual 
after the individual's death, the representative payee shall be liable 
for the repayment of the overpayment, and the Commissioner of Social 
Security shall establish an overpayment control record under the social 
security account number of the representative payee.''.
    (b) Amendment to Title XVI.--Section 1631(b)(2) of such Act (42 
U.S.C. 1383(b)(2)) is amended by adding at the end the following new 
sentence: ``If any payment of more than the correct amount is made to a 
representative payee on behalf of an individual after the individual's 
death, the representative payee shall be liable for the repayment of 
the overpayment, and the Commissioner of Social Security shall 
establish an overpayment control record under the social security 
account number of the representative payee.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to overpayments made 12 months or more after the date of the 
enactment of this Act.

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

    (a) In General.--Section 1631(b)(1)(B)(ii) of the Social Security 
Act (42 U.S.C. 1383(b)(1)(B)(ii)) is amended--
            (1) by inserting ``monthly'' before ``benefit payments''; 
        and
            (2) by inserting ``and in the case of an individual or 
        eligible spouse to whom a lump sum is payable under this title 
        (including under section 1616(a) of this Act or under an 
agreement entered into under section 212(a) of Public Law 93-66) shall, 
as at least one means of recovering such overpayment, make the 
adjustment or recovery from the lump sum payment in an amount equal to 
not less than the lesser of the amount of the overpayment or 50 percent 
of the lump sum payment,'' before ``unless fraud''.
    (b) Effective Date.--The amendments made by this section shall take 
effect 12 months after the date of the enactment of this Act and shall 
apply to amounts incorrectly paid which remain outstanding on or after 
such date.

SEC. 203. ADDITIONAL DEBT COLLECTION PRACTICES.

    (a) In General.--Section 1631(b) of the Social Security Act (42 
U.S.C. 1383(b)) is amended--
            (1) by redesignating paragraphs (4) and (5) as paragraphs 
        (5) and (6), respectively; and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
    ``(4)(A) With respect to any delinquent amount, the Commissioner of 
Social Security may use the collection practices described in sections 
3711(f), 3716, 3717, and 3718 of title 31, United States Code, and in 
section 5514 of title 5, United States Code, all as in effect 
immediately after the enactment of the Debt Collection Improvement Act 
of 1996.
            ``(B) For purposes of subparagraph (A), the term 
        `delinquent amount' means an amount--
                    ``(i) in excess of the correct amount of payment 
                under this title;
                    ``(ii) paid to a person after such person has 
                attained 18 years of age; and
                    ``(iii) determined by the Commissioner of Social 
                Security, under regulations, to be otherwise 
                unrecoverable under this section after such person 
                ceases to be a beneficiary under this title.''.
    (b) Conforming Amendments.--Section 3701(d)(2) of title 31, United 
States Code, is amended by striking ``section 204(f)'' and inserting 
``sections 204(f) and 1631(b)(4)''.
    (c) Technical Amendments.--Section 204(f) of the Social Security 
Act (42 U.S.C. 404(f)) is amended--
            (1) by striking ``3711(e)'' and inserting ``3711(f)''; and
            (2) by inserting ``all'' before ``as in effect''.
    (d) Effective Date.--The amendments made by this section shall 
apply to debt outstanding on or after the date of the enactment of this 
Act.

SEC. 204. REQUIREMENT TO PROVIDE STATE PRISONER INFORMATION TO FEDERAL 
              AND FEDERALLY ASSISTED BENEFIT PROGRAMS.

    Section 1611(e)(1)(I)(ii)(II) of the Social Security Act (42 U.S.C. 
1382(e)(1)(I)(ii)(II)) is amended by striking ``is authorized to'' and 
inserting ``shall''.

SEC. 205. RULES RELATING TO COLLECTION OF OVERPAYMENTS FROM INDIVIDUALS 
              CONVICTED OF CRIMES.

    (a) Waivers Inapplicable to Overpayments by Reason of Payment in 
Months in Which Beneficiary Is a Prisoner or a Fugitive.--
            (1) Amendment to title ii.--Section 204(b) of the Social 
        Security Act (42 U.S.C. 404(b)) is amended--
                    (A) by inserting ``(1)'' after ``(b)''; and
                    (B) by adding at the end the following new 
                paragraph:
    ``(2) Paragraph (1) shall not apply with respect to any payment to 
any person made during a month in which such benefit was not payable 
under section 202(x).''.
            (2) Amendment to title xvi.--Section 1631(b)(1)(B)(i) of 
        such Act (42 U.S.C. 1383(b)(1)(B)(i)) is amended by inserting 
        ``unless (I) section 1611(e)(1) prohibits payment to the person 
        of a benefit under this title for the month by reason of 
        confinement of a type described in clause (i) or (ii) of 
        section 202(x)(1)(A), or (II) section 1611(e)(5) prohibits 
        payment to the person of a benefit under this title for the 
        month,'' after ``administration of this title''.
    (b) 10-Year Period of Ineligibility for Persons Failing To Notify 
Commissioner of Overpayments in Months in Which Beneficiary Is a 
Prisoner or a Fugitive or Failing To Comply With Repayment Schedule for 
Such Overpayments.--
            (1) Amendment to title ii.--Section 202(x) of such Act (42 
        U.S.C. 402(x)) is amended by adding at the end the following 
        new paragraph:
    ``(4)(A) No person shall be considered entitled to monthly 
insurance benefits under this section based on the person's disability 
or to disability insurance benefits under section 223 otherwise payable 
during the 10-year period that begins on the date the person--
            ``(i) knowingly fails to timely notify the Commissioner of 
        Social Security, in connection with any application for 
        benefits under this title, of any prior receipt by such person 
        of any benefit under this title or title XVI in any month in 
        which such benefit was not payable under the preceding 
        provisions of this subsection, or
            ``(ii) knowingly fails to comply with any schedule imposed 
        by the Commissioner which is for repayment of overpayments 
        comprised of payments described in subparagraph (A) and which 
        is in compliance with section 204.
    ``(B) The Commissioner of Social Security shall, in addition to any 
other relevant factors, take into account any mental or linguistic 
limitations of a person (including any lack of facility with the 
English language) in determining whether the person has knowingly 
failed to comply with a requirement of clause (i) or (ii) of 
subparagraph (A).''.
            (2) Amendment to title xvi.--Section 1611(e)(1) of such Act 
        (42 U.S.C. 1382(e)(1)) is amended by adding at the end the 
        following new subparagraph:
    ``(J)(i) A person shall not be considered an eligible individual or 
eligible spouse for purposes of benefits under this title by reason of 
disability, during the 10-year period that begins on the date the 
person--
            ``(I) knowingly fails to timely notify the Commissioner of 
        Social Security, in an application for benefits under this 
        title, of any prior receipt by the person of a benefit under 
        this title or title II in a month in which payment to the 
        person of a benefit under this title was prohibited by--
                    ``(aa) the preceding provisions of this paragraph 
                by reason of confinement of a type described in clause 
                (i) or (ii) of section 202(x)(1)(A); or
                    ``(bb) section 1611(e)(4); or
            ``(II) knowingly fails to comply with any schedule imposed 
        by the Commissioner which is for repayment of overpayments 
        comprised of payments described in clause (i) of this 
        subparagraph and which is in compliance with section 1631(b).
    ``(ii) The Commissioner of Social Security shall, in addition to 
any other relevant factors, take into account any mental or linguistic 
limitations of a person (including any lack of facility with the 
English language) in determining whether the person has knowingly 
failed to comply with a requirement of subclause (I) or (II) of clause 
(i).''.
    (c) Continued Collection Efforts Against Prisoners.--
            (1) Amendment to title ii.--Section 204(b) of such Act (42 
        U.S.C. 404(b)), as amended by subsection (a)(1) of this 
        section, is amended further by adding at the end the following 
        new paragraph:
    ``(3) The Commissioner shall not refrain from recovering 
overpayments from resources currently available to any overpaid person 
or to such person's estate solely because such individual is confined 
as described in clause (i) or (ii) of section 202(x)(1)(A).''.
            (2) Amendment to title xvi.--Section 1631(b)(1)(A) of such 
        Act (42 U.S.C. 1383(b)(1)(A)) is amended by adding after and 
        below clause (ii) the following flush left sentence:
``The Commissioner shall not refrain from recovering overpayments from 
resources currently available to any individual solely because the 
individual is confined as described in clause (i) or (ii) of section 
202(x)(1)(A).''.
    (d) Effective Date.--The amendments made by this section shall 
apply to overpayments made in, and to benefits payable for, months 
beginning 24 months or more after the date of the enactment of this 
Act.

SEC. 206. TREATMENT OF ASSETS HELD IN TRUST UNDER THE SSI PROGRAM.

    (a) Treatment as Resource.--Section 1613 of the Social Security Act 
(42 U.S.C. 1382b) is amended by adding at the end the following new 
subsection:

                                ``Trusts

    ``(e)(1) In determining the resources of an individual, paragraph 
(3) shall apply to a trust (other than a trust described in paragraph 
(5)) established by the individual.
    ``(2)(A) For purposes of this subsection, an individual shall be 
considered to have established a trust if any assets of the individual 
(or of the individual's spouse) are transferred to the trust other than 
by will.
    ``(B) In the case of an irrevocable trust to which are transferred 
the assets of an individual (or of the individual's spouse) and the 
assets of any other person, this subsection shall apply to the portion 
of the trust attributable to the assets of the individual (or of the 
individual's spouse).
    ``(C) This subsection shall apply to a trust without regard to--
            ``(i) the purposes for which the trust is established;
            ``(ii) whether the trustees have or exercise any discretion 
        under the trust;
            ``(iii) any restrictions on when or whether distributions 
        may be made from the trust; or
            ``(iv) any restrictions on the use of distributions from 
        the trust.
    ``(3)(A) In the case of a revocable trust established by an 
individual, the corpus of the trust shall be considered a resource 
available to the individual.
    ``(B) In the case of an irrevocable trust established by an 
individual, if there are any circumstances under which payment from the 
trust could be made to or for the benefit of the individual or the 
individual's spouse, the portion of the corpus from which payment to or 
for the benefit of the individual or the individual's spouse could be 
made shall be considered a resource available to the individual.
    ``(4) The Commissioner of Social Security may waive the application 
of this subsection with respect to an individual if the Commissioner 
determines that such application would work an undue hardship (as 
determined on the basis of criteria established by the Commissioner) on 
the individual.
    ``(5) This subsection shall not apply to a trust described in 
subparagraph (A) or (C) of section 1917(d)(4).
    ``(6) For purposes of this subsection--
            ``(A) the term `trust' includes any legal instrument or 
        device that is similar to a trust;
            ``(B) the term `corpus' means, with respect to a trust, all 
        property and other interests held by the trust, including 
        accumulated earnings and any other addition to the trust after 
        its establishment (except that such term does not include any 
        such earnings or addition in the month in which the earnings or 
        addition is credited or otherwise transferred to the trust); 
        and
            ``(C) the term `asset' includes any income or resource of 
        the individual or of the individual's spouse, including--
                    ``(i) any income excluded by section 1612(b);
                    ``(ii) any resource otherwise excluded by this 
                section; and
                    ``(iii) any other payment or property to which the 
                individual or the individual's spouse is entitled but 
                does not receive or have access to because of action 
                by--
                            ``(I) the individual or spouse;
                            ``(II) a person or entity (including a 
                        court) with legal authority to act in place of, 
                        or on behalf of, the individual or spouse; or
                            ``(III) a person or entity (including a 
                        court) acting at the direction of, or on the 
                        request of, the individual or spouse.''.
    (b) Treatment as Income.--Section 1612(a)(2) of such Act (42 U.S.C. 
1382a(a)(2)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by striking the period at the end of subparagraph (F) 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
            ``(G) any earnings of, and additions to, the corpus of a 
        trust established by an individual (within the meaning of 
        section 1613(e)), of which the individual is a beneficiary, to 
        which section 1613(e) applies, and, in the case of an 
        irrevocable trust, with respect to which circumstances exist 
        under which a payment from the earnings or additions could be 
        made to or for the benefit of the individual.''.
    (c) Conforming Amendments.--Section 1902(a)(10) of the Social 
Security Act (42 U.S.C. 1396a(a)(10)) is amended--
            (1) by striking ``and'' at the end of subparagraph (E);
            (2) by adding ``and'' at the end of subparagraph (F); and
            (3) by inserting after subparagraph (F) the following new 
        subparagraph:
                    ``(G) that, in applying eligibility criteria of the 
                supplemental security income program under title XVI 
                for purposes of determining eligibility for medical 
                assistance under the State plan of an individual who is 
                not receiving supplemental security income, the State 
                will disregard the provisions of section 1613(e);''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on January 1, 2000, and shall apply to trusts established on or 
after such date.

SEC. 207. DISPOSAL OF RESOURCES FOR LESS THAN FAIR MARKET VALUE UNDER 
              THE SSI PROGRAM.

    (a) In General.--Section 1613(c) of the Social Security Act (42 
U.S.C. 1382b(c)) is amended--
            (1) in the caption, by striking ``Notification of Medicaid 
        Policy Restricting Eligibility of Institutionalized Individuals 
        for Benefits Based on'';
            (2) in paragraph (1)--
                    (A) in subparagraph (A)--
                            (i) by inserting ``paragraph (1) and'' 
                        after ``provisions of'';
                            (ii) by striking ``title XIX'' the first 
                        place it appears and inserting ``this title and 
                        title XIX, respectively,'';
                            (iii) by striking ``subparagraph (B)'' and 
                        inserting ``clause (ii)'';
                            (iv) by striking ``paragraph (2)'' and 
                        inserting ``subparagraph (B)'';
                    (B) in subparagraph (B)--
                            (i) by striking ``by the State agency''; 
                        and
                            (ii) by striking ``section 1917(c)'' and 
                        all that follows and inserting ``paragraph (1) 
                        or section 1917(c).''; and
                    (C) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively;
            (3) in paragraph (2)--
                    (A) by striking ``(2)'' and inserting ``(B)''; and
                    (B) by striking ``paragraph (1)(B)'' and inserting 
                ``subparagraph (A)(ii)'';
            (4) by striking ``(c)(1)'' and inserting ``(2)(A)''; and
            (5) by inserting before paragraph (2) (as so redesignated 
        by paragraph (4) of this subsection) the following new 
        subsection:
    ``(c)(1)(A)(i) If an individual or the spouse of an individual 
disposes of resources for less than fair market value on or after the 
look-back date described in clause (ii)(I), the individual is 
ineligible for benefits under this title for months during the period 
beginning on the date described in clause (iii) and equal to the number 
of months calculated as provided in clause (iv).
    ``(ii)(I) The look-back date described in this subclause is a date 
that is 36 months before the date described in subclause (II).
    ``(II) The date described in this subclause is the date on which 
the individual applies for benefits under this title or, if later, the 
date on which the individual (or the spouse of the individual) disposes 
of resources for less than fair market value.
    ``(iii) The date described in this clause is the first day of the 
first month in or after which resources were disposed of for less than 
fair market value and which does not occur in any other period of 
ineligibility under this paragraph.
    ``(iv) The number of months calculated under this clause shall be 
equal to--
            ``(I) the total, cumulative uncompensated value of all 
        resources so disposed of by the individual (or the spouse of 
        the individual) on or after the look-back date described in 
        clause (ii)(I); divided by
            ``(II) the amount of the maximum monthly benefit payable 
        under section 1611(b), plus the amount (if any) of the maximum 
        State supplementary payment corresponding to the State's 
        payment level applicable to the individual's living arrangement 
        and eligibility category that would otherwise be payable to the 
        individual by the Commissioner pursuant to an agreement under 
        section 1616(a) of this Act or section 212(b) of Public Law 93-
        66, for the month in which occurs the date described in clause 
        (ii)(II),
rounded, in the case of any fraction, to the nearest whole number, but 
shall not in any case exceed 36 months.
    ``(B)(i) Notwithstanding subparagraph (A), this subsection shall 
not apply to a transfer of a resource to a trust if the portion of the 
trust attributable to the resource is considered a resource available 
to the individual pursuant to subsection (e)(3) (or would be so 
considered but for the application of subsection (e)(4)).
    ``(ii) In the case of a trust established by an individual or an 
individual's spouse (within the meaning of subsection (e)), if from 
such portion of the trust, if any, that is considered a resource 
available to the individual pursuant to subsection (e)(3) (or would be 
so considered but for the application of subsection (e)(4)) or the 
residue of the portion on the termination of the trust--
            ``(I) there is made a payment other than to or for the 
        benefit of the individual; or
            ``(II) no payment could under any circumstance be made to 
        the individual,
then, for purposes of this subsection, the payment described in clause 
(I) or the foreclosure of payment described in clause (II) shall be 
considered a transfer of resources by the individual or the 
individual's spouse as of the date of the payment or foreclosure, as 
the case may be.
    ``(C) An individual shall not be ineligible for benefits under this 
title by reason of the application of this paragraph to a disposal of 
resources by the individual or the spouse of the individual, to the 
extent that--
            ``(i) the resources are a home and title to the home was 
        transferred to--
                    ``(I) the spouse of the transferor;
                    ``(II) a child of the transferor who has not 
                attained 21 years of age, or is blind or disabled;
                    ``(III) a sibling of the transferor who has an 
                equity interest in such home and who was residing in 
                the transferor's home for a period of at least 1 year 
                immediately before the date the transferor becomes an 
                institutionalized individual; or
                    ``(IV) a son or daughter of the transferor (other 
                than a child described in subclause (II)) who was 
                residing in the transferor's home for a period of at 
                least 2 years immediately before the date the 
                transferor becomes an institutionalized individual, and 
                who provided care to the transferor which permitted the 
                transferor to reside at home rather than in such an 
                institution or facility;
            ``(ii) the resources--
                    ``(I) were transferred to the transferor's spouse 
                or to another for the sole benefit of the transferor's 
                spouse;
                    ``(II) were transferred from the transferor's 
                spouse to another for the sole benefit of the 
                transferor's spouse;
                    ``(III) were transferred to, or to a trust 
                (including a trust described in section 1917(d)(4)) 
                established solely for the benefit of, the transferor's 
                child who is blind or disabled; or
                    ``(IV) were transferred to a trust (including a 
                trust described in section 1917(d)(4)) established 
                solely for the benefit of an individual who has not 
                attained 65 years of age and who is disabled;
            ``(iii) a satisfactory showing is made to the Commissioner 
        of Social Security (in accordance with regulations promulgated 
        by the Commissioner) that--
                    ``(I) the individual who disposed of the resources 
                intended to dispose of the resources either at fair 
                market value, or for other valuable consideration;
                    ``(II) the resources were transferred exclusively 
                for a purpose other than to qualify for benefits under 
                this title; or
                    ``(III) all resources transferred for less than 
                fair market value have been returned to the transferor; 
                or
            ``(iv) the Commissioner determines, under procedures 
        established by the Commissioner, that the denial of eligibility 
        would work an undue hardship as determined on the basis of 
        criteria established by the Commissioner.
    ``(D) For purposes of this subsection, in the case of a resource 
held by an individual in common with another person or persons in a 
joint tenancy, tenancy in common, or similar arrangement, the resource 
(or the affected portion of such resource) shall be considered to be 
disposed of by the individual when any action is taken, either by the 
individual or by any other person, that reduces or eliminates the 
individual's ownership or control of such resource.
    ``(E) In the case of a transfer by the spouse of an individual that 
results in a period of ineligibility for the individual under this 
subsection, the Commissioner shall apportion the period (or any portion 
of the period) among the individual and the individual's spouse if the 
spouse becomes eligible for benefits under this title.
    ``(F) For purposes of this paragraph--
            ``(i) the term `benefits under this title' includes 
        payments of the type described in section 1616(a) of this Act 
        and of the type described in section 212(b) of Public Law 93-
        66;
            ``(ii) the term `institutionalized individual' has the 
        meaning given such term in section 1917(e)(3); and
            ``(iii) the term `trust' has the meaning given such term in 
        subsection (e)(6)(A) of this section.''.
    (b) Conforming Amendment.--Section 1902(a)(10) of the Social 
Security Act (42 U.S.C. 1396a(a)(10)), as amended by section 206(c) of 
this Act, is amended by striking ``section 1613(e)'' and inserting 
``subsections (c) and (e) of section 1613''.
    (c) Effective Date.--The amendments made by this section shall be 
effective with respect to disposals made on or after the date of the 
enactment of this Act.

SEC. 208. ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES FOR FALSE OR 
              MISLEADING STATEMENTS.

    (a) In General.--Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by inserting after section 1129 the 
following new section:

``SEC. 1129A. ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES FOR FALSE 
              OR MISLEADING STATEMENTS.

    ``(a) In General.--Any person who makes, or causes to be made, a 
statement or representation of a material fact for use in determining 
any initial or continuing right to or the amount of--
            ``(1) monthly insurance benefits under title II; or
            ``(2) benefits or payments under title XVI,
that the person knows or should know is false or misleading or knows or 
should know omits a material fact or makes such a statement with 
knowing disregard for the truth shall be subject to, in addition to any 
other penalties that may be prescribed by law, a penalty described in 
subsection (b) to be imposed by the Commissioner of Social Security.
    ``(b) Penalty.--The penalty described in this subsection is--
            ``(1) nonpayment of benefits under title II that would 
        otherwise be payable to the person; and
            ``(2) ineligibility for cash benefits under title XVI,
for each month that begins during the applicable period described in 
subsection (c).
    ``(c) Duration of Penalty.--The duration of the applicable period, 
with respect to a determination by the Commissioner under subsection 
(a) that a person has engaged in conduct described in subsection (a), 
shall be--
            ``(1) 6 consecutive months, in the case of a first such 
        determination with respect to the person;
            ``(2) 12 consecutive months, in the case of a second such 
        determination with respect to the person; and
            ``(3) 24 consecutive months, in the case of a third or 
        subsequent such determination with respect to the person.
    ``(d) Effect on Other Assistance.--A person subject to a period of 
nonpayment of benefits under title II or ineligibility for title XVI 
benefits by reason of this section nevertheless shall be considered to 
be eligible for and receiving such benefits, to the extent that the 
person would be receiving or eligible for such benefits but for the 
imposition of the penalty, for purposes of--
            ``(1) determination of the eligibility of the person for 
        benefits under titles XVIII and XIX; and
            ``(2) determination of the eligibility or amount of 
        benefits payable under title II or XVI to another person.
    ``(e) Definition.--In this section, the term `benefits under title 
XVI' includes State supplementary payments made by the Commissioner 
pursuant to an agreement under section 1616(a) of this Act or section 
212(b) of Public Law 93-66.
    ``(f) Consultations.--The Commissioner of Social Security shall 
consult with the Inspector General of the Social Security 
Administration regarding initiating actions under this section.''.
    (b) Conforming Amendment Precluding Delayed Retirement Credit for 
any Month to Which a Nonpayment of Benefits Penalty Applies.--Section 
202(w)(2)(B) of such Act (42 U.S.C. 402(w)(2)(B)) is amended--
            (1) by striking ``and'' at the end of clause (i);
            (2) by striking the period at the end of clause (ii) and 
        inserting ``, and''; and
            (3) by adding at the end the following new clause:
                    ``(iii) such individual was not subject to a 
                penalty imposed under section 1129A.''.
    (c) Elimination of Redundant Provision.--Section 1611(e) of such 
Act (42 U.S.C. 1382(e)) is amended--
            (1) by striking paragraph (4);
            (2) in paragraph (6)(A)(i), by striking ``(5)'' and 
        inserting ``(4)''; and
            (3) by redesignating paragraphs (5) and (6) as paragraphs 
        (4) and (5), respectively.
    (d) Regulations.--Within 6 months after the date of the enactment 
of this Act, the Commissioner of Social Security shall develop 
regulations that prescribe the administrative process for making 
determinations under section 1129A of the Social Security Act 
(including when the applicable period in subsection (c) of such section 
shall commence), and shall provide guidance on the exercise of 
discretion as to whether the penalty should be imposed in particular 
cases.
    (e) Effective Date.--The amendments made by this section shall 
apply to statements and representations made on or after the date of 
the enactment of this Act.

SEC. 209. EXCLUSION OF REPRESENTATIVES AND HEALTH CARE PROVIDERS 
              CONVICTED OF VIOLATIONS FROM PARTICIPATION IN SOCIAL 
              SECURITY PROGRAMS.

    (a) In General.--Part A of title XI of the Social Security Act (42 
U.S.C. 1301-1320b-17) is amended by adding at the end the following new 
section:

 ``exclusion of representatives and health care providers convicted of 
       violations from participation in social security programs

    ``Sec. 1148. (a) In General.--The Commissioner of Social Security 
shall exclude from participation in the social security programs any 
representative or health care provider--
            ``(1) who is convicted of a violation of section 208 or 
        1632 of this Act,
            ``(2) who is convicted of any violation under title 18, 
        United States Code, relating to an initial application for or 
        continuing entitlement to, or amount of, benefits under title 
        II of this Act, or an initial application for or continuing 
        eligibility for, or amount of, benefits under title XVI of this 
        Act, or
            ``(3) who the Commissioner determines has committed an 
        offense described in section 1129(a)(1) of this Act.
    ``(b) Notice, Effective Date, and Period of Exclusion.--(1) An 
exclusion under this section shall be effective at such time, for such 
period, and upon such reasonable notice to the public and to the 
individual excluded as may be specified in regulations consistent with 
paragraph (2).
    ``(2) Such an exclusion shall be effective with respect to services 
furnished to any individual on or after the effective date of the 
exclusion. Nothing in this section may be construed to preclude, in 
determining disability under title II or title XVI, consideration of 
any medical evidence derived from services provided by a health care 
provider before the effective date of the exclusion of the health care 
provider under this section.
    ``(3)(A) The Commissioner shall specify, in the notice of exclusion 
under paragraph (1), the period of the exclusion.
    ``(B) Subject to subparagraph (C), in the case of an exclusion 
under subsection (a), the minimum period of exclusion shall be five 
years, except that the Commissioner may waive the exclusion in the case 
of an individual who is the sole source of essential services in a 
community. The Commissioner's decision whether to waive the exclusion 
shall not be reviewable.
    ``(C) In the case of an exclusion of an individual under subsection 
(a) based on a conviction or a determination described in subsection 
(a)(3) occurring on or after the date of the enactment of this section, 
if the individual has (before, on, or after such date of enactment) 
been convicted, or if such a determination has been made with respect 
to the individual--
            ``(i) on one previous occasion of one or more offenses for 
        which an exclusion may be effected under such subsection, the 
        period of the exclusion shall be not less than 10 years, or
            ``(ii) on 2 or more previous occasions of one or more 
        offenses for which an exclusion may be effected under such 
        subsection, the period of the exclusion shall be permanent.
    ``(c) Notice to State Agencies.--The Commissioner shall promptly 
notify each appropriate State agency employed for the purpose of making 
disability determinations under section 221 or 1633(a)--
            ``(1) of the fact and circumstances of each exclusion 
        effected against an individual under this section, and
            ``(2) of the period (described in subsection (b)(3)) for 
        which the State agency is directed to exclude the individual 
        from participation in the activities of the State agency in the 
        course of its employment.
    ``(d) Notice to State Licensing Agencies.--The Commissioner shall--
            ``(1) promptly notify the appropriate State or local agency 
        or authority having responsibility for the licensing or 
        certification of an individual excluded from participation 
        under this section of the fact and circumstances of the 
        exclusion,
            ``(2) request that appropriate investigations be made and 
        sanctions invoked in accordance with applicable State law and 
        policy, and
            ``(3) request that the State or local agency or authority 
        keep the Commissioner and the Inspector General of the Social 
        Security Administration fully and currently informed with 
        respect to any actions taken in response to the request.
    ``(e) Notice, Hearing, and Judicial Review.--(1) Any individual who 
is excluded (or directed to be excluded) from participation under this 
section is entitled to reasonable notice and opportunity for a hearing 
thereon by the Commissioner to the same extent as is provided in 
section 205(b), and to judicial review of the Commissioner's final 
decision after such hearing as is provided in section 205(g).
    ``(2) The provisions of section 205(h) shall apply with respect to 
this section to the same extent as it is applicable with respect to 
title II.
    ``(f) Application for Termination of Exclusion.--(1) An individual 
excluded from participation under this section may apply to the 
Commissioner, in the manner specified by the Commissioner in 
regulations and at the end of the minimum period of exclusion provided 
under subsection (b)(3) and at such other times as the Commissioner may 
provide, for termination of the exclusion effected under this section.
    ``(2) The Commissioner may terminate the exclusion if the 
Commissioner determines, on the basis of the conduct of the applicant 
which occurred after the date of the notice of exclusion or which was 
unknown to the Commissioner at the time of the exclusion, that--
            ``(A) there is no basis under subsection (a) for a 
        continuation of the exclusion, and
            ``(B) there are reasonable assurances that the types of 
        actions which formed the basis for the original exclusion have 
        not recurred and will not recur.
    ``(3) The Commissioner shall promptly notify each State agency 
employed for the purpose of making disability determinations under 
section 221 or 1633(a) of the fact and circumstances of each 
termination of exclusion made under this subsection.
    ``(g) Availability of Records of Excluded Representatives and 
Health Care Providers.--Nothing in this section shall be construed to 
have the effect of limiting access by any applicant or beneficiary 
under title II or XVI, any State agency acting under section 221 or 
1633(a), or the Commissioner to records maintained by any 
representative or health care provider in connection with services 
provided to the applicant or beneficiary prior to the exclusion of such 
representative or health care provider under this section.
    ``(h) Reporting Requirement.--Any representative or health care 
provider participating in, or seeking to participate in, a social 
security program shall inform the Commissioner, in such form and manner 
as the Commissioner shall prescribe by regulation, whether such 
representative or health care provider has been convicted of a 
violation described in subsection (a).
    ``(i) Delegation of Authority.--The Commissioner may delegate 
authority granted by this section to the Inspector General.
    ``(j) Definitions.--For purposes of this section:
            ``(1) Exclude.--The term `exclude' from participation 
        means--
                    ``(A) in connection with a representative, to 
                prohibit from engaging in representation of an 
                applicant for, or recipient of, benefits, as a 
                representative payee under section 205(j) or 
                1631(a)(2)(A)(ii), or otherwise as a representative, in 
                any hearing or other proceeding relating to entitlement 
                to benefits, and
                    ``(B) in connection with a health care provider, to 
                prohibit from providing items or services to an 
                applicant for, or recipient of, benefits for the 
                purpose of assisting such applicant or recipient in 
                demonstrating disability.
            ``(2) Social security program.--The term `social security 
        programs' means the program providing for monthly insurance 
        benefits under title II, and the program providing for monthly 
        supplemental security income benefits to individuals under 
        title XVI (including State supplementary payments made by the 
        Commissioner pursuant to an agreement under section 1616(a) of 
        this Act or section 212(b) of Public Law 93-66).
            ``(3) Convicted.--An individual is considered to have been 
        `convicted' of a violation--
                    ``(A) when a judgment of conviction has been 
                entered against the individual by a Federal, State, or 
                local court, except if the judgment of conviction has 
                been set aside or expunged;
                    ``(B) when there has been a finding of guilt 
                against the individual by a Federal, State, or local 
                court;
                    ``(C) when a plea of guilty or nolo contendere by 
                the individual has been accepted by a Federal, State, 
                or local court; or
                    ``(D) when the individual has entered into 
                participation in a first offender, deferred 
                adjudication, or other arrangement or program where 
                judgment of conviction has been withheld.''.
    (b) Effective Date.--The amendment made by this section shall apply 
with respect to convictions of violations described in paragraphs (1) 
and (2) of section 1148(a) of the Social Security Act and 
determinations described in paragraph (3) of such section occurring on 
or after the date of the enactment of this Act.

SEC. 210. STATE DATA EXCHANGES.

    Whenever the Commissioner of Social Security requests information 
from a State for the purpose of ascertaining an individual's 
eligibility for benefits (or the correct amount of such benefits) under 
title II or XVI of the Social Security Act, the standards of the 
Commissioner promulgated pursuant to section 1106 of such Act or any 
other Federal law for the use, safeguarding, and disclosure of 
information are deemed to meet any standards of the State that would 
otherwise apply to the disclosure of information by the State to the 
Commissioner.

SEC. 211. STUDY ON POSSIBLE MEASURES TO IMPROVE FRAUD PREVENTION AND 
              ADMINISTRATIVE PROCESSING.

    (a) Study.--As soon as practicable after the date of the enactment 
of this Act, the Commissioner of Social Security, in consultation with 
the Inspector General of the Social Security Administration and the 
Attorney General, shall conduct a study of possible measures to 
improve--
            (1) prevention of fraud on the part of individuals entitled 
        to disability benefits under section 223 of the Social Security 
        Act or benefits under section 202 of such Act based on the 
        beneficiary's disability, individuals eligible for supplemental 
        security income benefits under title XVI of such Act, and 
        applicants for any such benefits; and
            (2) timely processing of reported income changes by 
        individuals receiving such benefits.
    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Commissioner shall submit to the Committee on Ways and 
Means of the House of Representatives and the Committee on Finance of 
the Senate a written report that contains the results of the 
Commissioner's study under subsection (a). The report shall contain 
such recommendations for legislative and administrative changes as the 
Commissioner considers appropriate.

SEC. 212. ANNUAL REPORT ON AMOUNTS NECESSARY TO COMBAT FRAUD.

    (a) In General.--Section 704(b)(1) of the Social Security Act (42 
U.S.C. 904(b)(1)) is amended--
            (1) by inserting ``(A)'' after ``(b)(1)''; and
            (2) by adding at the end the following new subparagraph:
    ``(B) The Commissioner shall include in the annual budget prepared 
pursuant to subparagraph (A) an itemization of the amount of funds 
required by the Social Security Administration for the fiscal year 
covered by the budget to support efforts to combat fraud committed by 
applicants and beneficiaries.''.
    (b) Effective Date.--The amendments made by this section shall 
apply with respect to annual budgets prepared for fiscal years after 
fiscal year 1999.

SEC. 213. COMPUTER MATCHES WITH MEDICARE AND MEDICAID 
              INSTITUTIONALIZATION DATA.

    (a) In General.--Section 1611(e)(1) of the Social Security Act (42 
U.S.C. 1382(e)(1)), as amended by section 205(b)(2) of this Act, is 
further amended by adding at the end the following new subparagraph:
    ``(K) For the purpose of carrying out this paragraph, the 
Commissioner of Social Security shall conduct periodic computer matches 
with data maintained by the Secretary of Health and Human Services 
under title XVIII or XIX. The Secretary shall furnish to the 
Commissioner, in such form and manner and under such terms as the 
Commissioner and the Secretary shall mutually agree, such information 
as the Commissioner may request for this purpose. Information obtained 
pursuant to such a match may be substituted for the physician's 
certification otherwise required under subparagraph (G)(i).''.
    (b) Conforming Amendment.--Section 1611(e)(1)(G) of such Act (42 
U.S.C. 1382(e)(1)(G)) is amended by striking ``subparagraph (H)'' and 
inserting ``subparagraph (H) or (K)''.

SEC. 214. ACCESS TO INFORMATION HELD BY FINANCIAL INSTITUTIONS.

    Section 1631(e)(1)(B) of the Social Security Act (42 U.S.C. 
1383(e)(1)(B)) is amended--
            (1) by striking ``(B) The'' and inserting ``(B)(i) The''; 
        and
            (2) by adding at the end the following new clause:
    ``(ii)(I) The Commissioner of Social Security may require each 
applicant for, or recipient of, benefits under this title to provide 
authorization by the applicant or recipient (or by any other person 
whose income or resources are material to the determination of the 
eligibility of the applicant or recipient for such benefits) for the 
Commissioner to obtain (subject to the cost reimbursement requirements 
of section 1115(a) of the Right to Financial Privacy Act) from any 
financial institution (within the meaning of section 1101(1) of such 
Act) any financial record (within the meaning of section 1101(2) of 
such Act) held by the institution with respect to the applicant or 
recipient (or any such other person) whenever the Commissioner 
determines the record is needed in connection with a determination with 
respect to such eligibility or the amount of such benefits.
    ``(II) Notwithstanding section 1104(a)(1) of the Right to Financial 
Privacy Act, an authorization provided by an applicant or recipient (or 
any other person whose income or resources are material to the 
determination of the eligibility of the applicant or recipient) 
pursuant to subclause (I) of this clause shall remain effective until 
the earliest of--
            ``(aa) the rendering of a final adverse decision on the 
        applicant's application for eligibility for benefits under this 
        title;
            ``(bb) the cessation of the recipient's eligibility for 
        benefits under this title; or
            ``(cc) the express revocation by the applicant or recipient 
        (or such other person referred to in subclause (I)) of the 
        authorization, in a written notification to the Commissioner.
    ``(III)(aa) An authorization obtained by the Commissioner of Social 
Security pursuant to this clause shall be considered to meet the 
requirements of the Right to Financial Privacy Act for purposes of 
section 1103(a) of such Act, and need not be furnished to the financial 
institution, notwithstanding section 1104(a) of such Act.
    ``(bb) The certification requirements of section 1103(b) of the 
Right to Financial Privacy Act shall not apply to requests by the 
Commissioner of Social Security pursuant to an authorization provided 
under this clause.
    ``(cc) A request by the Commissioner pursuant to an authorization 
provided under this clause is deemed to meet the requirements of 
section 1104(a)(3) of the Right to Financial Privacy Act and the flush 
language of section 1102 of such Act.
    ``(IV) The Commissioner shall inform any person who provides 
authorization pursuant to this clause of the duration and scope of the 
authorization.
    ``(V) If an applicant for, or recipient of, benefits under this 
title (or any such other person referred to in subclause (I)) refuses 
to provide, or revokes, any authorization made by the applicant or 
recipient for the Commissioner of Social Security to obtain from any 
financial institution any financial record, the Commissioner may, on 
that basis, determine that the applicant or recipient is ineligible for 
benefits under this title.''.

       Subtitle B--Benefits for Certain Veterans of World War II

SEC. 251. ESTABLISHMENT OF PROGRAM OF SPECIAL BENEFITS FOR CERTAIN 
              WORLD WAR II VETERANS.

    (a) In General.--The Social Security Act is amended by inserting 
after title VII the following:

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

                          ``Table of Contents

``Sec. 801. Basic entitlement to benefits.
``Sec. 802. Qualified individuals.
``Sec. 803. Residence outside the United States.
``Sec. 804. Disqualifications.
``Sec. 805. Benefit amount.
``Sec. 806. Applications and furnishing of information.
``Sec. 807. Representative payees.
``Sec. 808. Overpayments and underpayments.
``Sec. 809. Hearings and review.
``Sec. 810. Other administrative provisions.
``Sec. 811. Penalties for fraud.
``Sec. 812. Definitions.
``Sec. 813. Appropriations.

``SEC. 801. BASIC ENTITLEMENT TO BENEFITS.

    ``Every individual who is a qualified individual under section 802 
shall, in accordance with and subject to the provisions of this title, 
be entitled to a monthly benefit paid by the Commissioner of Social 
Security for each month after September 2000 (or such earlier month, if 
the Commissioner determines is administratively feasible) the 
individual resides outside the United States.

``SEC. 802. QUALIFIED INDIVIDUALS.

    ``Except as otherwise provided in this title, an individual--
            ``(1) who has attained the age of 65 on or before the date 
        of the enactment of this title;
            ``(2) who is a World War II veteran;
            ``(3) who is eligible for a supplemental security income 
        benefit under title XVI for--
                    ``(A) the month in which this title is enacted; and
                    ``(B) the month in which the individual files an 
                application for benefits under this title;
            ``(4) whose total benefit income is less than 75 percent of 
        the Federal benefit rate under title XVI;
            ``(5) who has filed an application for benefits under this 
        title; and
            ``(6) who is in compliance with all requirements imposed by 
        the Commissioner of Social Security under this title,
shall be a qualified individual for purposes of this title.

``SEC. 803. RESIDENCE OUTSIDE THE UNITED STATES.

    For purposes of section 801, with respect to any month, an 
individual shall be regarded as residing outside the United States if, 
on the first day of the month, the individual so resides outside the 
United States.

``SEC. 804. DISQUALIFICATIONS.

    ``Notwithstanding section 802, an individual may not be a qualified 
individual for any month--
            ``(1) that begins after the month in which the Commissioner 
        of Social Security is notified by the Attorney General that the 
        individual has been removed from the United States pursuant to 
        section 237(a) of the Immigration and Nationality Act and 
        before the month in which the Commissioner of Social Security 
        is notified by the Attorney General that the individual is 
        lawfully admitted to the United States for permanent residence;
            ``(2) during any part of which the individual is outside 
        the United States due to flight to avoid prosecution, or 
        custody or confinement after conviction, under the laws of the 
        United States or the jurisdiction within the United States from 
        which the person has fled, for a crime, or an attempt to commit 
        a crime, that is a felony under the laws of the place from 
        which the individual has fled, or which, in the case of the 
        State of New Jersey, is a high misdemeanor under the laws of 
        such State;
            ``(3) during any part of which the individual violates a 
        condition of probation or parole imposed under Federal or State 
        law; or
            ``(4) during any part of which the individual is confined 
        in a jail, prison, or other penal institution or correctional 
        facility pursuant to a conviction of an offense.

``SEC. 805. BENEFIT AMOUNT.

    ``The benefit under this title payable to a qualified individual 
for any month shall be in an amount equal to 75 percent of the Federal 
benefit rate under title XVI for the month, reduced by the amount of 
the qualified individual's benefit income for the month.

``SEC. 806. APPLICATIONS AND FURNISHING OF INFORMATION.

    ``(a) In General.--The Commissioner of Social Security shall, 
subject to subsection (b), prescribe such requirements with respect to 
the filing of applications, the furnishing of information and other 
material, and the reporting of events and changes in circumstances, as 
may be necessary for the effective and efficient administration of this 
title.
    ``(b) Verification Requirement.--The requirements prescribed by the 
Commissioner of Social Security under subsection (a) shall preclude any 
determination of entitlement to benefits under this title solely on the 
basis of declarations by the individual concerning qualifications or 
other material facts, and shall provide for verification of material 
information from independent or collateral sources, and the procurement 
of additional information as necessary in order to ensure that the 
benefits are provided only to qualified individuals (or their 
representative payees) in correct amounts.

``SEC. 807. REPRESENTATIVE PAYEES.

    ``(a) In General.--If the Commissioner of Social Security 
determines that the interest of any qualified individual under this 
title would be served thereby, payment of the qualified individual's 
benefit under this title may be made, regardless of the legal 
competency or incompetency of the qualified individual, either directly 
to the qualified individual, or for his or her benefit, to another 
person (the meaning of which term, for purposes of this section, 
includes an organization) with respect to whom the requirements of 
subsection (b) have been met (in this section referred to as the 
qualified individual's `representative payee'). If the Commissioner of 
Social Security determines that a representative payee has misused any 
benefit paid to the representative payee pursuant to this section, 
section 205(j), or section 1631(a)(2), the Commissioner of Social 
Security shall promptly revoke the person's designation as the 
qualified individual's representative payee under this subsection, and 
shall make payment to an alternative representative payee or, if the 
interest of the qualified individual under this title would be served 
thereby, to the qualified individual.
    ``(b) Examination of Fitness of Prospective Representative Payee.--
            ``(1) Any determination under subsection (a) to pay the 
        benefits of a qualified individual to a representative payee 
        shall be made on the basis of--
                    ``(A) an investigation by the Commissioner of 
                Social Security of the person to serve as 
                representative payee, which shall be conducted in 
                advance of the determination and shall, to the extent 
                practicable, include a face-to-face interview with the 
                person (or, in the case of an organization, a 
                representative of the organization); and
                    ``(B) adequate evidence that the arrangement is in 
                the interest of the qualified individual.
            ``(2) As part of the investigation referred to in paragraph 
        (1), the Commissioner of Social Security shall--
                    ``(A) require the person being investigated to 
                submit documented proof of the identity of the person;
                    ``(B) in the case of a person who has a social 
                security account number issued for purposes of the 
                program under title II or an employer identification 
                number issued for purposes of the Internal Revenue Code 
                of 1986, verify the number;
                    ``(C) determine whether the person has been 
                convicted of a violation of section 208, 811, or 1632; 
                and
                    ``(D) determine whether payment of benefits to the 
                person in the capacity as representative payee has been 
                revoked or terminated pursuant to this section, section 
                205(j), or section 1631(a)(2)(A)(iii) by reason of 
                misuse of funds paid as benefits under this title, 
                title II, or title XVI, respectively.
    ``(c) Requirement for Centralized File.--The Commissioner of Social 
Security shall establish and maintain a centralized file, which shall 
be updated periodically and which shall be in a form that renders it 
readily retrievable by each servicing office of the Social Security 
Administration. The file shall consist of--
            ``(1) a list of the names and social security account 
        numbers or employer identification numbers (if issued) of all 
        persons with respect to whom, in the capacity of representative 
        payee, the payment of benefits has been revoked or terminated 
        under this section, section 205(j), or section 
        1631(a)(2)(A)(iii) by reason of misuse of funds paid as 
        benefits under this title, title II, or title XVI, 
        respectively; and
            ``(2) a list of the names and social security account 
        numbers or employer identification numbers (if issued) of all 
        persons who have been convicted of a violation of section 208, 
        811, or 1632.
    ``(d) Persons Ineligible To Serve as Representative Payees.--
            ``(1) In general.--The benefits of a qualified individual 
        may not be paid to any other person pursuant to this section 
        if--
                    ``(A) the person has been convicted of a violation 
                of section 208, 811, or 1632;
                    ``(B) except as provided in paragraph (2), payment 
                of benefits to the person in the capacity of 
                representative payee has been revoked or terminated 
                under this section, section 205(j), or section 
                1631(a)(2)(A)(ii) by reason of misuse of funds paid as 
                benefits under this title, title II, or title XVI, 
                respectively; or
                    ``(C) except as provided in paragraph (2)(B), the 
                person is a creditor of the qualified individual and 
                provides the qualified individual with goods or 
                services for consideration.
            ``(2) Exemptions.--
                    ``(A) The Commissioner of Social Security may 
                prescribe circumstances under which the Commissioner of 
                Social Security may grant an exemption from paragraph 
                (1) to any person on a case-by-case basis if the 
                exemption is in the best interest of the qualified 
                individual whose benefits would be paid to the person 
                pursuant to this section.
                    ``(B) Paragraph (1)(C) shall not apply with respect 
                to any person who is a creditor referred to in such 
                paragraph if the creditor is--
                            ``(i) a relative of the qualified 
                        individual and the relative resides in the same 
                        household as the qualified individual;
                            ``(ii) a legal guardian or legal 
                        representative of the individual;
                            ``(iii) a facility that is licensed or 
                        certified as a care facility under the law of 
                        the political jurisdiction in which the 
                        qualified individual resides;
                            ``(iv) a person who is an administrator, 
                        owner, or employee of a facility referred to in 
                        clause (iii), if the qualified individual 
                        resides in the facility, and the payment to the 
                        facility or the person is made only after the 
                        Commissioner of Social Security has made a good 
                        faith effort to locate an alternative 
                        representative payee to whom payment would 
                        serve the best interests of the qualified 
                        individual; or
                            ``(v) a person who is determined by the 
                        Commissioner of Social Security, on the basis 
                        of written findings and pursuant to procedures 
                        prescribed by the Commissioner of Social 
                        Security, to be acceptable to serve as a 
                        representative payee.
                    ``(C) The procedures referred to in subparagraph 
                (B)(v) shall require the person who will serve as 
                representative payee to establish, to the satisfaction 
                of the Commissioner of Social Security, that--
                            ``(i) the person poses no risk to the 
                        qualified individual;
                            ``(ii) the financial relationship of the 
                        person to the qualified individual poses no 
                        substantial conflict of interest; and
                            ``(iii) no other more suitable 
                        representative payee can be found.
    ``(e) Deferral of Payment Pending Appointment of Representative 
Payee.--
            ``(1) In general.--Subject to paragraph (2), if the 
        Commissioner of Social Security makes a determination described 
        in the first sentence of subsection (a) with respect to any 
        qualified individual's benefit and determines that direct 
        payment of the benefit to the qualified individual would cause 
        substantial harm to the qualified individual, the Commissioner 
        of Social Security may defer (in the case of initial 
        entitlement) or suspend (in the case of existing entitlement) 
        direct payment of the benefit to the qualified individual, 
        until such time as the selection of a representative payee is 
        made pursuant to this section.
            ``(2) Time limitation.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), any deferral or suspension of direct 
                payment of a benefit pursuant to paragraph (1) shall be 
                for a period of not more than 1 month.
                    ``(B) Exception in the case of incompetency.--
                Subparagraph (A) shall not apply in any case in which 
                the qualified individual is, as of the date of the 
                Commissioner of Social Security's determination, 
                legally incompetent under the laws of the jurisdiction 
                in which the individual resides.
            ``(3) Payment of retroactive benefits.--Payment of any 
        benefits which are deferred or suspended pending the selection 
        of a representative payee shall be made to the qualified 
        individual or the representative payee as a single sum or over 
        such period of time as the Commissioner of Social Security 
        determines is in the best interest of the qualified individual.
    ``(f) Hearing.--Any qualified individual who is dissatisfied with a 
determination by the Commissioner of Social Security to make payment of 
the qualified individual's benefit to a representative payee under 
subsection (a) of this section or with the designation of a particular 
person to serve as representative payee shall be entitled to a hearing 
by the Commissioner of Social Security to the same extent as is 
provided in section 809(a), and to judicial review of the Commissioner 
of Social Security's final decision as is provided in section 809(b).
    ``(g) Notice Requirements.--
            ``(1) In general.--In advance of the payment of a qualified 
        individual's benefit to a representative payee under subsection 
        (a), the Commissioner of Social Security shall provide written 
        notice of the Commissioner's initial determination to so make 
        the payment. The notice shall be provided to the qualified 
        individual, except that, if the qualified individual is legally 
        incompetent, then the notice shall be provided solely to the 
        legal guardian or legal representative of the qualified 
        individual.
            ``(2) Specific requirements.--Any notice required by 
        paragraph (1) shall be clearly written in language that is 
        easily understandable to the reader, shall identify the person 
        to be designated as the qualified individual's representative 
        payee, and shall explain to the reader the right under 
        subsection (f) of the qualified individual or of the qualified 
        individual's legal guardian or legal representative--
                    ``(A) to appeal a determination that a 
                representative payee is necessary for the qualified 
                individual;
                    ``(B) to appeal the designation of a particular 
                person to serve as the representative payee of 
                qualified individual; and
                    ``(C) to review the evidence upon which the 
                designation is based and to submit additional evidence.
    ``(h) Accountability Monitoring.--
            ``(1) In any case where payment under this title is made to 
        a person other than the qualified individual entitled to the 
        payment, the Commissioner of Social Security shall establish a 
        system of accountability monitoring under which the person 
        shall report not less often than annually with respect to the 
        use of the payments. The Commissioner of Social Security shall 
        establish and implement statistically valid procedures for 
        reviewing the reports in order to identify instances in which 
        persons are not properly using the payments.
            ``(2) Special reports.--Notwithstanding paragraph (1), the 
        Commissioner of Social Security may require a report at any 
        time from any person receiving payments on behalf of a 
        qualified individual, if the Commissioner of Social Security 
        has reason to believe that the person receiving the payments is 
        misusing the payments.
            ``(3) Centralized file.--The Commissioner of Social 
        Security shall maintain a centralized file, which shall be 
        updated periodically and which shall be in a form that is 
        readily retrievable, of--
                    ``(A) the name, address, and (if issued) the social 
                security account number or employer identification 
                number of each representative payee who is receiving 
                benefit payments pursuant to this section, section 
                205(j), or section 1631(a)(2); and
                    ``(B) the name, address, and social security 
                account number of each individual for whom each 
                representative payee is reported to be providing 
                services as representative payee pursuant to this 
                section, section 205(j), or section 1631(a)(2).
            ``(4) The Commissioner of Social Security shall maintain a 
        list, which shall be updated periodically, of public agencies 
        and community-based nonprofit social service agencies which are 
        qualified to serve as representative payees pursuant to this 
        section and which are located in the jurisdiction in which any 
        qualified individual resides.
                            ``(i) Restitution.--In any case where the 
                        negligent failure of the Commissioner of Social 
                        Security to investigate or monitor a 
                        representative payee results in misuse of 
                        benefits by the representative payee, the 
                        Commissioner of Social Security shall make 
                        payment to the qualified individual or the 
                        individual's alternative representative payee 
                        of an amount equal to the misused benefits. The 
                        Commissioner of Social Security shall make a 
                        good faith effort to obtain restitution from 
                        the terminated representative payee.

``SEC. 808. OVERPAYMENTS AND UNDERPAYMENTS.

    ``(a) In General.--Whenever the Commissioner of Social Security 
finds that more or less than the correct amount of payment has been 
made to any person under this title, proper adjustment or recovery 
shall be made, as follows:
            ``(1) With respect to payment to a person of more than the 
        correct amount, the Commissioner of Social Security shall 
        decrease any payment under this title to which the overpaid 
        person (if a qualified individual) is entitled, or shall 
        require the overpaid person or his or her estate to refund the 
        amount in excess of the correct amount, or, if recovery is not 
        obtained under these two methods, shall seek or pursue recovery 
        by means of reduction in tax refunds based on notice to the 
        Secretary of the Treasury, as authorized under section 3720A of 
        title 31, United States Code.
            ``(2) With respect to payment of less than the correct 
        amount to a qualified individual who, at the time the 
        Commissioner of Social Security is prepared to take action with 
        respect to the underpayment--
                    ``(A) is living, the Commissioner of Social 
                Security shall make payment to the qualified individual 
                (or the qualified individual's representative payee 
                designated under section 807) of the balance of the 
                amount due the underpaid qualified individual; or
                    ``(B) is deceased, the balance of the amount due 
                shall revert to the general fund of the Treasury.
    ``(b) Waiver of Recovery of Overpayment.--In any case in which more 
than the correct amount of payment has been made, there shall be no 
adjustment of payments to, or recovery by the United States from, any 
person who is without fault if the Commissioner of Social Security 
determines that the adjustment or recovery would defeat the purpose of 
this title or would be against equity and good conscience.
    ``(c) Limited Immunity for Disbursing Officers.--A disbursing 
officer may not be held liable for any amount paid by the officer if 
the adjustment or recovery of the amount is waived under subsection 
(b), or adjustment under subsection (a) is not completed before the 
death of the qualified individual against whose benefits deductions are 
authorized.
    ``(d) Authorized Collection Practices.--
            ``(1) In general.--With respect to any delinquent amount, 
        the Commissioner of Social Security may use the collection 
        practices described in sections 3711(e), 3716, and 3718 of 
        title 31, United States Code, as in effect on October 1, 1994.
            ``(2) Definition.--For purposes of paragraph (1), the term 
        `delinquent amount' means an amount--
                    ``(A) in excess of the correct amount of the 
                payment under this title; and
                    ``(B) determined by the Commissioner of Social 
                Security to be otherwise unrecoverable under this 
                section from a person who is not a qualified individual 
                under this title.

``SEC. 809. HEARINGS AND REVIEW.

    ``(a) Hearings.--
            ``(1) In general.--The Commissioner of Social Security 
        shall make findings of fact and decisions as to the rights of 
        any individual applying for payment under this title. The 
        Commissioner of Social Security shall provide reasonable notice 
        and opportunity for a hearing to any individual who is 
or claims to be a qualified individual and is in disagreement with any 
determination under this title with respect to entitlement to, or the 
amount of, benefits under this title, if the individual requests a 
hearing on the matter in disagreement within 60 days after notice of 
the determination is received, and, if a hearing is held, shall, on the 
basis of evidence adduced at the hearing affirm, modify, or reverse the 
Commissioner of Social Security's findings of fact and the decision. 
The Commissioner of Social Security may, on the Commissioner of Social 
Security's own motion, hold such hearings and to conduct such 
investigations and other proceedings as the Commissioner of Social 
Security deems necessary or proper for the administration of this 
title. In the course of any hearing, investigation, or other 
proceeding, the Commissioner may administer oaths and affirmations, 
examine witnesses, and receive evidence. Evidence may be received at 
any hearing before the Commissioner of Social Security even though 
inadmissible under the rules of evidence applicable to court procedure. 
The Commissioner of Social Security shall specifically take into 
account any physical, mental, educational, or linguistic limitation of 
the individual (including any lack of facility with the English 
language) in determining, with respect to the entitlement of the 
individual for benefits under this title, whether the individual acted 
in good faith or was at fault, and in determining fraud, deception, or 
intent.
            ``(2) Effect of failure to timely request review.--A 
        failure to timely request review of an initial adverse 
        determination with respect to an application for any payment 
        under this title or an adverse determination on reconsideration 
        of such an initial determination shall not serve as a basis for 
        denial of a subsequent application for any payment under this 
        title if the applicant demonstrates that the applicant failed 
        to so request such a review acting in good faith reliance upon 
        incorrect, incomplete, or misleading information, relating to 
        the consequences of reapplying for payments in lieu of seeking 
        review of an adverse determination, provided by any officer or 
        employee of the Social Security Administration.
            ``(3) Notice requirements.--In any notice of an adverse 
        determination with respect to which a review may be requested 
        under paragraph (1), the Commissioner of Social Security shall 
        describe in clear and specific language the effect on possible 
        entitlement to benefits under this title of choosing to reapply 
        in lieu of requesting review of the determination.
    ``(b) Judicial Review.--The final determination of the Commissioner 
of Social Security after a hearing under subsection (a)(1) shall be 
subject to judicial review as provided in section 205(g) to the same 
extent as the Commissioner of Social Security's final determinations 
under section 205.

``SEC. 810. OTHER ADMINISTRATIVE PROVISIONS.

    ``(a) Regulations and Administrative Arrangements.--The 
Commissioner of Social Security may prescribe such regulations, and 
make such administrative and other arrangements, as may be necessary or 
appropriate to carry out this title.
    ``(b) Payment of Benefits.--Benefits under this title shall be paid 
at such time or times and in such installments as the Commissioner of 
Social Security determines are in the interests of economy and 
efficiency.
    ``(c) Entitlement Redeterminations.--An individual's entitlement to 
benefits under this title, and the amount of the benefits, may be 
redetermined at such time or times as the Commissioner of Social 
Security determines to be appropriate.
    ``(d) Suspension of Benefits.--Regulations prescribed by the 
Commissioner of Social Security under subsection (a) may provide for 
the temporary suspension of entitlement to benefits under this title as 
the Commissioner determines is appropriate.

``SEC. 811. PENALTIES FOR FRAUD.

    ``(a) In General.--Whoever--
            ``(1) knowingly and willfully makes or causes to be made 
        any false statement or representation of a material fact in an 
        application for benefits under this title;
            ``(2) at any time knowingly and willfully makes or causes 
        to be made any false statement or representation of a material 
        fact for use in determining any right to the benefits;
            ``(3) having knowledge of the occurrence of any event 
        affecting--
                    ``(A) his or her initial or continued right to the 
                benefits; or
                    ``(B) the initial or continued right to the 
                benefits of any other individual in whose behalf he or 
                she has applied for or is receiving the benefit,
        conceals or fails to disclose the event with an intent 
        fraudulently to secure the benefit either in a greater amount 
or quantity than is due or when no such benefit is authorized; or
            ``(4) having made application to receive any such benefit 
        for the use and benefit of another and having received it, 
        knowingly and willfully converts the benefit or any part 
        thereof to a use other than for the use and benefit of the 
        other individual,
shall be fined under title 18, United States Code, imprisoned not more 
than 5 years, or both.
    ``(b) Restitution by Representative Payee.--If a person or 
organization violates subsection (a) in the person's or organization's 
role as, or in applying to become, a representative payee under section 
807 on behalf of a qualified individual, and the violation includes a 
willful misuse of funds by the person or entity, the court may also 
require that full or partial restitution of funds be made to the 
qualified individual.

``SEC. 812. DEFINITIONS.

    ``In this title:
            ``(1) World war ii veteran.--The term `World War II 
        veteran' means a person who served during World War II--
                    ``(A) in the active military, naval, or air service 
                of the United States during World War II, and who was 
                discharged or released therefrom under conditions other 
                than dishonorable after service of 90 days or more; or
                    ``(B) in the organized military forces of the 
                Government of the Commonwealth of the Philippines, 
                while the forces were in the service of the Armed 
                Forces of the United States pursuant to the military 
                order of the President dated July 26, 1941, including 
                among the military forces organized guerrilla forces 
                under commanders appointed, designated, or subsequently 
                recognized by the Commander in Chief, Southwest Pacific 
                Area, or other competent authority in the Army of the 
                United States, in any case in which the service was 
                rendered before December 31, 1946.
            ``(2) World war ii.--The term `World War II' means the 
        period beginning on September 16, 1940, and ending on July 24, 
        1947.
            ``(3) Supplemental security income benefit under title 
        xvi.--The term `supplemental security income benefit under 
        title XVI', except as otherwise provided, includes State 
        supplementary payments which are paid by the Commissioner of 
        Social Security pursuant to an agreement under section 1616(a) 
        of this Act or section 212(b) of Public Law 93-66.
            ``(4) Federal benefit rate under title xvi.--The term 
        `Federal benefit rate under title XVI' means, with respect to 
        any month, the amount of the supplemental security income cash 
        benefit (not including any State supplementary payment which is 
        paid by the Commissioner of Social Security pursuant to an 
        agreement under section 1616(a) of this Act or section 212(b) 
        of Public Law 93-66) payable under title XVI for the month to 
        an eligible individual with no income.
            ``(5) United states.--The term `United States' means, 
        notwithstanding section 1101(a)(1), only the 50 States, the 
        District of Columbia, and the Commonwealth of the Northern 
        Mariana Islands.
            ``(6) Benefit income.--The term `benefit income' means any 
        recurring payment received by a qualified individual as an 
        annuity, pension, retirement, or disability benefit (including 
        any veterans' compensation or pension, workmen's compensation 
        payment, old-age, survivors, or disability insurance benefit, 
        railroad retirement annuity or pension, and unemployment 
        insurance benefit), but only if a similar payment was received 
        by the individual from the same (or a related) source during 
        the 12-month period preceding the month in which the individual 
        files an application for benefits under this title.

``SEC. 813. APPROPRIATIONS.

    ``There are hereby appropriated for fiscal year 2001 and subsequent 
fiscal years such sums as may be necessary to carry out this title.''.
    (b) Conforming Amendments.--
            (1) Social security trust funds lae account.--Section 
        201(g) of such Act (42 U.S.C. 401(g)) is amended--
                    (A) in the fourth sentence of paragraph (1)(A), by 
                inserting after ``this title,'' the following: ``title 
                VIII,'';
                    (B) in paragraph (1)(B)(i)(I), by inserting after 
                ``this title,'' the following: ``title VIII,''; and
                    (C) in paragraph (1)(C)(i), by inserting after 
                ``this title,'' the following: ``title VIII,''.
            (2) Representative payee provisions of title ii.--Section 
        205(j) of such Act (42 U.S.C. 405(j)) is amended--
                    (A) in paragraph (1)(A), by inserting ``807 or'' 
                before ``1631(a)(2)'';
                    (B) in paragraph (2)(B)(i)(I), by inserting ``, 
                title VIII,'' before ``or title XVI'';
                    (C) in paragraph (2)(B)(i)(III), by inserting ``, 
                811,'' before ``or 1632'';
                    (D) in paragraph (2)(B)(i)(IV)--
                            (i) by inserting ``, the designation of 
                        such person as a representative payee has been 
                        revoked pursuant to section 807(a),'' before 
                        ``or payment of benefits''; and
                            (ii) by inserting ``, title VIII,'' before 
                        ``or title XVI'';
                    (E) in paragraph (2)(B)(ii)(I)--
                            (i) by inserting ``whose designation as a 
                        representative payee has been revoked pursuant 
                        to section 807(a),'' before ``or with respect 
                        to whom''; and
                            (ii) by inserting ``, title VIII,'' before 
                        ``or title XVI'';
                    (F) in paragraph (2)(B)(i)(II), by inserting ``, 
                811,'' before ``or 1632'';
                    (G) in paragraph (2)(C)(i)(II) by inserting ``, the 
                designation of such person as a representative payee 
                has been revoked pursuant to section 807(a),'' before 
                ``or payment of benefits'';
                    (H) in each of clauses (i) and (ii) of paragraph 
                (3)(E), by inserting ``, section 807,'' before ``or 
                section 1631(a)(2)'';
                    (I) in paragraph (3)(F), by inserting ``807 or'' 
                before ``1631(a)(2)''; and
                    (J) in paragraph (4)(B)(i), by inserting ``807 or'' 
                before ``1631(a)(2)''.
            (3) Withholding for child support and alimony 
        obligations.--Section 459(h)(1)(A) of such Act (42 U.S.C. 
        659(h)(1)(A)) is amended--
                    (A) at the end of clause (iii), by striking 
                ``and'';
                    (B) at the end of clause (iv), by striking ``but'' 
                and inserting ``and''; and
                    (C) by adding at the end a new clause as follows:
                            ``(v) special benefits for certain World 
                        War II veterans payable under title VIII; 
                        but''.
            (4) Social security advisory board.--Section 703(b) of such 
        Act (42 U.S.C. 903(b)) is amended by striking ``title II'' and 
        inserting ``title II, the program of special benefits for 
        certain World War II veterans under title VIII,''.
            (5) Delivery of checks.--Section 708 of such Act (42 U.S.C. 
        908) is amended--
                    (A) in subsection (a), by striking ``title II'' and 
                inserting ``title II, title VIII,''; and
                    (B) in subsection (b), by striking ``title II'' and 
                inserting ``title II, title VIII,''.
            (6) Civil monetary penalties.--Section 1129 of such Act (42 
        U.S.C. 1320a-8) is amended--
                    (A) in the title, by striking ``II'' and inserting 
                ``II, VIII'';
                    (B) in subsection (a)(1)--
                            (i) by striking ``or'' at the end of 
                        subparagraph (A);
                            (ii) by redesignating subparagraph (B) as 
                        subparagraph (C); and
                            (iii) by inserting after subparagraph (A) 
                        the following:
                    ``(B) benefits or payments under title VIII, or'';
                    (C) in subsection (a)(2), by inserting ``or title 
                VIII,'' after ``title II'';
                    (D) in subsection (e)(1)(C)--
                            (i) by striking ``or'' at the end of clause 
                        (i);
                            (ii) by redesignating clause (ii) as clause 
                        (iii); and
                            (iii) by inserting after clause (i) the 
                        following:
                            ``(ii) by decrease of any payment under 
                        title VIII to which the person is entitled, 
                        or'';
                    (E) in subsection (e)(2)(B), by striking ``title 
                XVI'' and inserting ``title VIII or XVI''; and
                    (F) in subsection (l), by striking ``title XVI'' 
                and inserting ``title VIII or XVI''.
            (7) Recovery of ssi overpayments.--Section 1147 of such Act 
        (42 U.S.C. 1320b-17) is amended--
                    (A) in subsection (a)(1)--
                            (i) by inserting ``or VIII'' after ``title 
                        II'' the first place it appears; and
                            (ii) by striking ``title II'' the second 
                        place it appears and inserting ``such title''; 
                        and
                    (B) in the title, by striking ``social security'' 
                and inserting ``other''.
            (8) Representative payee provisions of title xvi.--Section 
        1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amended--
                    (A) in subparagraph (A)(iii), by inserting ``or 
                807'' after ``205(j)(1)'';
                    (B) in subparagraph (B)(ii)(I), by inserting ``, 
                title VIII,'' before ``or this title'';
                    (C) in subparagraph (B)(ii)(III), by inserting ``, 
                811,'' before ``or 1632'';
                    (D) in subparagraph (B)(ii)(IV)--
                            (i) by inserting ``whether the designation 
                        of such person as a representative payee has 
                        been revoked pursuant to section 807(a),'' 
                        before ``and whether certification''; and
                            (ii) by inserting ``, title VIII,'' before 
                        ``or this title'';
                    (E) in subparagraph (B)(iii)(II), by inserting 
                ``the designation of such person as a representative 
                payee has been revoked pursuant to section 807(a),'' 
                before ``or certification''; and
                    (F) in subparagraph (D)(ii)(II)(aa), by inserting 
                ``or 807'' after ``205(j)(4)''.
            (9) Administrative offset.--Section 3716(c)(3)(C) of title 
        31, United States Code, is amended--
                    (A) by striking ``sections 205(b)(1)'' and 
                inserting ``sections 205(b)(1), 809(a)(1),''; and
                    (B) by striking ``either title II'' and inserting 
                ``title II, VIII,''.

                        TITLE III--CHILD SUPPORT

SEC. 301. ELIMINATION OF ENHANCED MATCHING FOR LABORATORY COSTS FOR 
              PATERNITY ESTABLISHMENT.

    (a) In General.--Section 455(a)(1) of the Social Security Act (42 
U.S.C. 655(a)(1)) is amended by striking subparagraph (C) and 
redesignating subparagraph (D) as subparagraph (C).
    (b) Effective Date.--The amendment made by this section shall be 
effective with respect to calendar quarters beginning on or after 
October 1, 1999.

SEC. 302. ELIMINATION OF HOLD HARMLESS PROVISION FOR STATE SHARE OF 
              DISTRIBUTION OF COLLECTED CHILD SUPPORT.

    (a) In General.--Section 457 of the Social Security Act (42 U.S.C. 
657) is amended--
            (1) in subsection (a), by striking ``subsections (e) and 
        (f)'' and inserting ``subsections (d) and (e)'';
            (2) by striking subsection (d);
            (3) in subsection (e), by striking the 2nd sentence; and
            (4) by redesignating subsections (e) and (f) as subsections 
        (d) and (e), respectively.
    (b) Effective Date.--The amendments made by this section shall be 
effective with respect to calendar quarters beginning on or after 
October 1, 1999.

                    TITLE IV--TECHNICAL CORRECTIONS

SEC. 401. TECHNICAL CORRECTIONS RELATING TO AMENDMENTS MADE BY THE 
              PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY 
              RECONCILIATION ACT OF 1996.

    (a) Section 402(a)(1)(B)(iv) of the Social Security Act (42 U.S.C. 
602(a)(1)(B)(iv)) is amended by striking ``Act'' and inserting 
``section''.
    (b) Section 409(a)(7)(B)(i)(II) of the Social Security Act (42 
U.S.C. 609(a)(7)(B)(i)(II)) is amended by striking ``part'' and 
inserting ``section''.
    (c) Section 413(g)(1) of the Social Security Act (42 U.S.C. 
613(g)(1)) is amended by striking ``Act'' and inserting ``section''.
    (d) Section 413(i)(1) of the Social Security Act (42 U.S.C. 
613(i)(1)) is amended by striking ``part'' and inserting ``section''.
    (e) Section 416 of the Social Security Act (42 U.S.C. 616) is 
amended by striking ``Opportunity Act'' and inserting ``Opportunity 
Reconciliation Act'' each place such term appears.
    (f) Section 431(a)(6) of the Social Security Act (42 U.S.C. 
629a(a)(6))) is amended--
            (1) by inserting ``, as in effect before August 22, 1986'' 
        after ``482(i)(5)''; and
            (2) by inserting ``, as so in effect'' after 
        ``482(i)(7)(A)''.
    (g) Sections 452(a)(7) and 466(c)(2)(A)(i) of the Social Security 
Act (42 U.S.C. 652(a)(7) and 666(c)(2)(A)(i)) are each amended by 
striking ``Social Security'' and inserting ``social security''.
    (h) Section 454 of the Social Security Act (42 U.S.C. 654) is 
amended--
            (1) by striking ``, or'' at the end of each of paragraphs 
        (6)(E)(i) and (19)(B)(i) and inserting ``; or'';
            (2) in paragraph (9), by striking the comma at the end of 
        each of subparagraphs (A), (B), (C) and inserting a semicolon; 
        and
            (3) by striking ``, and'' at the end of each of paragraphs 
        (19)(A) and (24)(A) and inserting ``; and''.
    (i) Section 454(24)(B) of the Social Security Act (42 U.S.C. 
654(24)(B)) is amended by striking ``Opportunity Act'' and inserting 
``Opportunity Reconciliation Act''.
    (j) Section 344(b)(1)(A) of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996 (110 Stat. 2236) is amended to 
read as follows:
                    ``(A) in paragraph (1), by striking subparagraph 
                (B) and inserting the following new subparagraph:
                    `(B) equal to the percent specified in paragraph 
                (3) of the sums expended during such quarter that are 
                attributable to the planning, design, development, 
                installation or enhancement of an automatic data 
                processing and information retrieval system (including 
                in such sums the full cost of the hardware components 
                of such system); and'; and''.
    (k) Section 457(a)(2)(B)(i)(I) of the Social Security Act (42 
U.S.C. 657(a)(2)(B)(i)(I)) is amended by striking ``Act 
Reconciliation'' and inserting ``Reconciliation Act''.
    (l) Section 457 of the Social Security Act (42 U.S.C. 657) is 
amended by striking ``Opportunity Act'' each place it appears and 
inserting ``Opportunity Reconciliation Act''.
    (m) Section 466(a)(7) of the Social Security Act (42 U.S.C. 
666(a)(7)) is amended by striking ``1681a(f))'' and inserting 
``1681a(f)))''.
    (n) Section 466(b)(6)(A) of the Social Security Act (42 U.S.C. 
666(b)(6)(A)) is amended by striking ``state'' and inserting ``State''.
    (o) Section 471(a)(8) of the Social Security Act (42 U.S.C. 
671(a)(8)) is amended by striking ``(including activities under part 
F)''.
    (p) Section 1137(a)(3) of the Social Security Act 
(42 U.S.C. 1320b-7(a)(3)) is amended 
by striking ``453A(a)(2)(B)(iii))'' and inserting 
``453A(a)(2)(B)(ii)))''.
    (q) The amendments made by this section shall take effect as if 
included in the enactment of the Personal Responsibility and Work 
Opportunity Reconciliation Act of 1996.
                                 <all>
```