H. R. 3443—20
‘‘(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 termi-
nation 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 exclu-
sion of such representative or health care provider under this sec-
tion.
‘‘(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 con-
victed of a violation described in subsection (a).
‘‘(i) DELEGATION OF AUTHORITY.—The Commissioner may dele-
gate 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 sec-
tion 205( j) or section 1631(a)(2)(A)(ii), or otherwise as a
representative, in any hearing or other proceeding relating
to entitlement to benefits; and
‘‘(B) in connection with a health care provider, to pro-
hibit 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 arrange-
ment or program where judgment of conviction has been
withheld.’’.
H. R. 3443—21
(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 1136(a) of the Social Security
Act and determinations described in paragraph (3) of such section
occurring on or after the date of the enactment of this Act.
SEC. 209. STATE DATA EXCHANGES.
Whenever the Commissioner of Social Security requests
information from a State for the purpose of ascertaining an individ-
ual’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 disclo-
sure of information are deemed to meet any standards of the State
that would otherwise apply to the disclosure of information by
the State to the Commissioner.
SEC. 210. STUDY ON POSSIBLE MEASURES TO IMPROVE FRAUD
PREVENTION AND ADMINISTRATIVE PROCESSING.
(a) STUDY.—As soon as practicable after the date of the enact-
ment of this Act, the Commissioner of Social Security, in consulta-
tion with the Inspector General of the Social Security Administra-
tion 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 individ-
uals receiving such benefits.
(b) REPORT.—Not later than 1 year after the date of the enact-
ment of this Act, the Commissioner shall submit to the Committee
on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a written report that contains
the results of the Commissioner’s study under subsection (a). The
report shall contain such recommendations for legislative and
administrative changes as the Commissioner considers appropriate.
SEC. 211. ANNUAL REPORT ON AMOUNTS NECESSARY TO COMBAT
FRAUD.
(a) IN GENERAL.—Section 704(b)(1) of the Social Security Act
(42 U.S.C. 904(b)(1)) is amended—
(1) by inserting ‘‘(A)’’ after ‘‘(b)(1)’’; and
(2) by adding at the end the following new subparagraph:
‘‘(B) The Commissioner shall include in the annual budget
prepared pursuant to subparagraph (A) an itemization of the
amount of funds required by the Social Security Administration
for the fiscal year covered by the budget to support efforts to
combat fraud committed by applicants and beneficiaries.’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply with respect to annual budgets prepared for fiscal
years after fiscal year 1999.
H. R. 3443—22
SEC. 212. COMPUTER MATCHES WITH MEDICARE AND MEDICAID
INSTITUTIONALIZATION DATA.
(a) IN GENERAL.—Section 1611(e)(1) of the Social Security Act
(42 U.S.C. 1382(e)(1)) is amended by adding at the end the following:
‘‘(J) For the purpose of carrying out this paragraph, the
Commissioner of Social Security shall conduct periodic computer
matches with data maintained by the Secretary of Health and
Human Services under title XVIII or XIX. The Secretary shall
furnish to the Commissioner, in such form and manner and under
such terms as the Commissioner and the Secretary shall mutually
agree, such information as the Commissioner may request for this
purpose. Information obtained pursuant to such a match may be
substituted for the physician’s certification otherwise required under
subparagraph (G)(i).’’.
(b) CONFORMING AMENDMENT.—Section 1611(e)(1)(G) of such
Act (42 U.S.C. 1382(e)(1)(G)) is amended by striking ‘‘subparagraph
(H)’’ and inserting ‘‘subparagraph (H) or (J)’’.
SEC. 213. ACCESS TO INFORMATION HELD BY FINANCIAL INSTITU-
TIONS.
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 Finan-
cial Privacy Act, an authorization provided by an applicant or
recipient (or any other person whose income or resources are mate-
rial 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.
H. R. 3443—23
‘‘(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 pro-
vided under this clause.
‘‘(cc) A request by the Commissioner pursuant to an authoriza-
tion provided under this clause is deemed to meet the requirements
of section 1104(a)(3) of the Right to Financial Privacy Act and
the flush language of section 1102 of such Act.
‘‘(IV) The Commissioner shall inform any person who provides
authorization pursuant to this clause of the duration and scope
of the authorization.
‘‘(V) If an applicant for, or recipient of, benefits under this
title (or any such other person referred to in subclause (I)) refuses
to provide, or revokes, any authorization made by the applicant
or recipient for the Commissioner of Social Security to obtain from
any financial institution any financial record, the Commissioner
may, on that basis, determine that the applicant or recipient is
ineligible for benefits under this title.’’.
Subtitle B—Benefits For Certain World
War II Veterans
SEC. 251. ESTABLISHMENT OF PROGRAM OF SPECIAL BENEFITS FOR
CERTAIN WORLD WAR II VETERANS.
(a) IN GENERAL.—The Social Security Act is amended by
inserting after title VII the following new title:
‘‘TITLE VIII—SPECIAL BENEFITS FOR
CERTAIN WORLD WAR II VETERANS
‘‘TABLE OF CONTENTS
‘‘Sec. 801. Basic entitlement to benefits.
‘‘Sec. 802. Qualified individuals.
‘‘Sec. 803. Residence outside the United States.
‘‘Sec. 804. Disqualifications.
‘‘Sec. 805. Benefit amount.
‘‘Sec. 806. Applications and furnishing of information.
‘‘Sec. 807. Representative payees.
‘‘Sec. 808. Overpayments and underpayments.
‘‘Sec. 809. Hearings and review.
‘‘Sec. 810. Other administrative provisions.
‘‘Sec. 811. Penalties for fraud.
‘‘Sec. 812. Definitions.
‘‘Sec. 813. Appropriations.
‘‘SEC. 801. 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;