Sec. 4. Recovery of overpayments of SSI benefits from lump sum SSI benefit
payments.
Sec. 5. Rules relating to collection of overpayments from individuals convicted
of crimes.
Sec. 6. Additional debt collection practices.
Sec. 7. Treatment of assets held in trust under the SSI program.
Sec. 8. Disposal of resources for less than fair market value under the SSI pro-
gram.
Sec. 9. Loss of benefits as penalty for fraud.
Sec. 10. Exclusion of attorneys and physicians convicted of violations from par-
ticipation in social security disability programs.
Sec. 11. Annual reviews by State disability determination services of profes-
sionals conducting consultative examinations.
Sec. 12. Computer matches with medicare and medicaid institutionalization
data.
Sec. 13. Access to information held by financial institutions.
Sec. 14. State data exchanges.
Sec. 15. Study on possible measures to improve fraud prevention and adminis-
trative processing.
Sec. 16. Annual report on amounts necessary to combat fraud.
SEC. 2. PRIMARY LIABILITY OF REPRESENTATIVE PAYEES
FOR OVERPAYMENTS TO DECEASED RECIPI-
ENTS.
(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 the
payment is made to a representative payee on behalf of
an individual who has died, the representative payee shall
be primarily 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 amend-
ed by adding at the end the following new sentence: ‘‘If
the payment is made to a representative payee on behalf
of an individual who has died, the representative payee
shall be primarily liable for the repayment of the overpay-
ment, and the Commissioner of Social Security shall es-
tablish an overpayment control record under the social se-
curity account number of the representative payee.’’.
SEC. 3. REQUIREMENT TO PROVIDE STATE PRISONER IN-
FORMATION 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 strik-
ing ‘‘is authorized to’’ and inserting ‘‘shall’’.
SEC. 4. 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 pay-
ments’’; and
(2) by inserting ‘‘and in the case of an individ-
ual or eligible spouse to whom a lump sum is pay-
able 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 over-
payment, 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 ‘‘un-
less fraud’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act and shall apply to amounts incorrectly paid
which remain outstanding on or after such date.
SEC. 5. RULES RELATING TO COLLECTION OF OVERPAY-
MENTS FROM INDIVIDUALS CONVICTED OF
CRIMES.
(a) WAIVERS INAPPLICABLE TO OVERPAYMENTS BY
REASON
OF PAYMENT
IN MONTHS
IN WHICH BENE-
FICIARY 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:
‘‘(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 per-
son 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 ‘‘ad-
ministration of this title’’.
(b) 10-YEAR PERIOD OF INELIGIBILITY FOR PER-
SONS FAILING TO NOTIFY COMMISSIONER OF OVERPAY-
MENTS IN MONTHS IN WHICH BENEFICIARY IS A PRIS-
ONER OR A FUGITIVE OR FAILING TO COMPLY WITH RE-
PAYMENT SCHEDULE FOR SUCH OVERPAYMENTS.—
(1) AMENDMENT TO TITLE II.—Section 202(x)
of such Act (42 U.S.C. 402(x)) is amended by add-
ing at the end the following:
‘‘(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 Com-
missioner 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 sched-
ule imposed by the Commissioner which is for repay-
ment of overpayments comprised of payments de-
scribed in subparagraph (A) and which is in compli-
ance 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 deter-
mining 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:
‘‘(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 Com-
missioner 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 para-
graph by reason of confinement of a type de-
scribed in clause (i) or (ii) of section
202(x)(1)(A); or
‘‘(bb) section 1611(e)(5); or
‘‘(II) knowingly fails to comply with any sched-
ule imposed by the Commissioner which is for repay-
ment of overpayments comprised of payments de-
scribed 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 deter-
mining 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 (as amended by subsection (a)(1)) is
amended further by adding at the end the following
new paragraph:
‘‘(3) The Commissioner shall not refrain from recov-
ering overpayments from resources currently available to
any overpaid person or to such person’s estate solely be-
cause 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 over-
payments from resources currently available to any indi-
vidual solely because the individual is confined as de-
scribed in clause (i) or (ii) of section 202(x)(1)(A).’’.
SEC. 6. ADDITIONAL DEBT COLLECTION PRACTICES.
(a) IN GENERAL.—Section 1631(d)(1) of the Social
Security Act (42 U.S.C. 1383(d)(1)) is amended by strik-
ing ‘‘section 207’’ and inserting ‘‘sections 204(f) and
207’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply to debt outstanding on or after
the date of the enactment of this Act.
‘‘(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 re-
source 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 subpara-
graph (E);
(2) by striking the period at the end of sub-
paragraph (F) and inserting ‘‘; and’’; and
(3) by adding at the end the following:
‘‘(G) any earnings of, and additions to, the cor-
pus of a trust established by an individual (within
the meaning of section 1613(e)), of which the indi-
vidual is a beneficiary, to which section 1613(e) ap-
plies, 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) 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. 8. DISPOSAL OF RESOURCES FOR LESS THAN FAIR
MARKET VALUE UNDER THE SSI PROGRAM.
(a) IN GENERAL.—Section 1613(c) of the Social Se-
curity Act (42 U.S.C. 1382b(c)) is amended—
(1) in the caption, by striking ‘‘Notification of
Medicaid Policy Restricting Eligibility of Institu-
tionalized 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 redes-
ignated by paragraph (4) of this subsection) the fol-
lowing:
‘‘(c)(1)(A)(i) If an individual or the spouse of an indi-
vidual 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 cal-
culated as provided in clause (iv).
‘‘(ii)(I) The look-back date described in this sub-
clause is a date that is 36 months before the date de-
scribed 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 that follows the month in which
resources were disposed of for less than fair market value
and that 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 ben-
efit payable under section 1611(b) for the month in
which occurs the date described in clause (ii)(II),
rounded up, in the case of any fraction, to the next whole
number.
‘‘(B)(i) Notwithstanding subparagraph (A), this sub-
section 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 pursu-
ant 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 individ-
ual or an individual’s spouse (within the meaning of sub-
section (e)), if from such portion of the trust, if any, that
is considered a resource available to the individual pursu-
ant 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 de-
scribed in clause (I) or the foreclosure of payment de-
scribed in clause (II) shall be considered a transfer of re-
sources 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 para-
graph 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 individ-
ual; 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 institu-
tionalized individual, and who provided care to
the transferor which permitted the transferor to
reside at home rather than in such an institu-
tion 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 transfer-
or’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 (includ-
ing a trust described in section 1917(d)(4)) es-
tablished 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 Sec-
retary (in accordance with regulations promulgated
by the Secretary) that—
‘‘(I) the individual who disposed of the re-
sources intended to dispose of the resources ei-
ther at fair market value, or for other valuable
consideration;
‘‘(II) the resources were transferred exclu-
sively 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 Secretary determines, under proce-
dures established by the Secretary, that the denial of
eligibility would work an undue hardship as deter-
mined on the basis of criteria established by the Sec-
retary;
‘‘(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 por-
tion 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 re-
source.
‘‘(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 be-
comes 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)(5)(A) of this section.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to disposals
made on or after the date of enactment of this Act.
SEC. 9. LOSS OF BENEFITS AS PENALTY FOR FRAUD.
(a) IN GENERAL.—Part A of title XI of the Social
Security Act (42 U.S.C. 1301 et seq.) is amended by in-
serting after section 1129 the following:
‘‘SEC. 1129A. LOSS OF BENEFITS AS PENALTY FOR FRAUD.
‘‘(a) IN GENERAL.—Any person who makes, or
causes to be made, a statement or representation of a ma-
terial 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 mislead-
ing 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 sub-
section (b) which shall be imposed by the Commissioner
of Social Security.
‘‘(b) PENALTY.—The penalty described in this sub-
section 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 applicable period
begins with the date the Commissioner makes a deter-
mination that the person has engaged in conduct described
in subsection (a), and the duration of the period shall be—
‘‘(1) 6 consecutive months, in the case of the
first such determination with respect to the person;
‘‘(2) 12 consecutive months, in the case of a
second such determination with respect to the per-
son;
‘‘(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 receiving
such benefits for purposes of—
‘‘(1) determination of the eligibility of the per-
son 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 before initiating an action
under this section.’’.
(b) CONFORMING AMENDMENT PRECLUDING DE-
LAYED RETIREMENT CREDIT FOR ANY MONTH TO WHICH
A NONPAYMENT OF BENEFITS PENALTY APPLIES.—Sec-
tion 202(w)(2)(B) of such Act (42 U.S.C. 402(w)(2)(B))
is amended—
(1) by striking ‘‘and’’ at the end of clause (i);
(2) by striking the period at the end of clause
(ii) and inserting ‘‘, and’’; and
(3) by adding at the end the following:
‘‘(iii) such individual was not subject to a
penalty imposed under section 1129A.’’.
(c) ELIMINATION OF REDUNDANT PROVISION.—Sec-
tion 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 ad-
ministrative process for making determinations under sec-
tion 1129A of the Social Security Act.
SEC. 10. EXCLUSION OF ATTORNEYS AND PHYSICIANS CON-
VICTED OF VIOLATIONS FROM PARTICIPA-
TION IN SOCIAL SECURITY DISABILITY PRO-
GRAMS.
(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:
‘‘EXCLUSION
OF
ATTORNEYS
AND
PHYSICIANS
CON-
VICTED OF VIOLATIONS FROM PARTICIPATION IN SO-
CIAL SECURITY DISABILITY PROGRAMS
‘‘SEC. 1148. (a) IN GENERAL.—The Commissioner
of Social Security shall exclude from participation in the
social security disability programs any attorney or
physician—
‘‘(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 benefits
under title II of this Act, or an initial application for
or continuing eligibility for benefits under title XVI
of this Act, or
‘‘(3) who becomes subject to a penalty or as-
sessment under section 1129(a)(1)(A) 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 rea-
sonable notice to the public and to the individual excluded
as may be specified in regulations consistent with para-
graph (2).
‘‘(2) Such an exclusion shall be effective with respect
to services furnished to any individual on or after the ef-
fective 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 physician before the
effective date of the exclusion of the physician under this
section.
‘‘(3)(A) The Commissioner shall specify, in the notice
of exclusion under paragraph (1), the period of the exclu-
sion.
‘‘(B) Subject to subparagraph (C), in the case of an
exclusion under subsection (a), the minimum period of ex-
clusion 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 occurring on
or after the date of the enactment of this section, if the
individual has (before, on, or after such date) been
convicted—
‘‘(i) on one previous occasion of one or more of-
fenses 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 Commis-
sioner shall promptly notify each appropriate State agency
employed for the purpose of making disability determina-
tions under section 221 or 1633(a)—
‘‘(1) of the fact and circumstances of each ex-
clusion effected against an individual under this sec-
tion, and
‘‘(2) of the period (described in subsection
(b)(3)) for which the State agency is directed to ex-
clude the individual from participation in the activi-
ties of the State agency in the course of its employ-
ment.
‘‘(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 ex-
cluded 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 ap-
plicable 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) APPLICATION FOR TERMINATION OF EXCLU-
SION.—(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 exclu-
sion effected under this section.
‘‘(2) The Commissioner may terminate the exclusion
if the Commissioner determines, on the basis of the con-
duct of the applicant which occurred after the date of the
notice of exclusion or which was unknown to the Commis-
sioner 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 origi-
nal exclusion have not recurred and will not recur.
‘‘(3) The Commissioner shall promptly notify each
State agency employed for the purpose of making disabil-
ity determinations under section 221 or 1633(a) of the
fact and circumstances of each termination of exclusion
made under this subsection.
‘‘(f) AVAILABILITY OF RECORDS OF EXCLUDED AT-
TORNEYS AND PHYSICIANS.—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
dication, or other arrangement or program
where judgment of conviction has been with-
held.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to violations and con-
victions occurring on or after the date of the enactment
of this Act.
SEC. 11. ANNUAL REVIEWS BY STATE DISABILITY DETER-
MINATION 
SERVICES 
OF 
PROFESSIONALS
CONDUCTING 
CONSULTATIVE 
EXAMINA-
TIONS.
(a) IN GENERAL.—Section 221(j) of the Social Secu-
rity Act (42 U.S.C. 421(j)) is amended—
(1) by redesignating paragraphs (1), (2), and
(3), as subparagraphs (A), (B), and (C), respec-
tively;
(2) by inserting ‘‘(1)’’ after ‘‘(j)’’; and
(3) by adding at the end the following new
paragraph:
‘‘(2) The Commissioner shall provide for annual eval-
uations by State disability determination services of the
performance of professionals to whom cases are referred
for purposes of disability determinations by such services.
Such evaluations shall include a thorough analysis of the
completeness of the examinations performed through such
referrals and the extent to which any patterns of abuse
have arisen in the referral processes. The Commissioner
shall ensure that any such pattern of abuse which, in the
course of any such evaluation, is determined by any State
disability determination service to have occurred is
promptly referred by such service to the Inspector General
of the Social Security Administration.’’.
(b) EFFECTIVE DATE.—The first annual evaluations
required pursuant to the amendments made by this section
shall be filed not later than December 31, 1999.
SEC. 12. COMPUTER MATCHES WITH MEDICARE AND MED-
ICAID INSTITUTIONALIZATION DATA.
(a) IN GENERAL.—Section 1611(e)(1) of the Social
Security Act (42 U.S.C. 1382(e)(1)) is further amended
by adding at the end the following:
‘‘(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 Commis-
sioner and the Secretary shall mutually agree, such infor-
mation as the Commissioner may request for this purpose.
Information obtained pursuant to such a match may be
substituted for the physician’s certification otherwise re-
quired 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. 13. ACCESS TO INFORMATION HELD BY FINANCIAL IN-
STITUTIONS.
(a) IN GENERAL.—Section 1631(e)(1)(B) of the So-
cial 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 re-
quire each applicant for, or recipient of, benefits under
this title to provide authorization by the applicant or recip-
ient (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 Commis-
sioner to obtain (subject to the cost reimbursement re-
quirements 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 Com-
missioner 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 bene-
fits 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 sub-
clause (I)) of the authorization, in a written notifica-
tion to the Commissioner.
‘‘(III)(aa) An authorization obtained by the Commis-
sioner of Social Security pursuant to this clause shall be
considered to meet the requirements of the Right to Fi-
nancial Privacy Act for purposes of section 1103(a) of
such Act, and need not be furnished to the financial insti-
tution, 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 Fi-
nancial 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 dura-
tion 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 authoriza-
tion for the Commissioner of Social Security to obtain
from any financial institution any financial record, the
Commissioner may, on that basis, determine that the ap-
plicant or recipient is ineligible for benefits under this
title.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall take effect on the date of the enactment
of this Act.
SEC. 14. STATE DATA EXCHANGES.
Whenever the Commissioner of Social Security re-
quests 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 Commis-
sioner 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 stand-
ards of the State that would otherwise apply to the disclo-
sure of information by the State to the Commissioner.
SEC. 15. 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 Se-
curity, 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 individ-
uals 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 re-
port in writing to the Committee on Ways and Means of
the House of Representatives and the Committee on Fi-
nance of the Senate the results of the Commissioner’s
study under subsection (a). Such report shall contain such
recommendations 
for 
legislative 
and 
administrative
changes as the Commissioner considers appropriate.
SEC. 16. 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 sub-
paragraph:
‘‘(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.’’.