Foster Care Independence Act of 1999
PL 106-169 (H.R.3443), enacted 12/14/1999

113 STAT. 1822 
PUBLIC LAW 106-169—DEC. 14, 1999 
Public Law 106-169 
106th Congress 
An Act 
To amend part E of title IV of the Social Security Act to provide States with 
Dec. 14, 1999 
more funding and greater flexibility in carrying out programs designed to help 
[H R 3443] 
children make the transition from foster care to self-sufBciency, and for other 
purposes. 
Be it enacted by the Senate and House of Representatives of 
Foster Care 
the United States of America in Congress assembled, 
Independence Act 
of 1999. 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
42 use 1305 
(a) SHORT TITLE.—This Act may be cited as the "Foster Care 
note. 
Independence Act of 1999". 
(b) TABLE OF CONTENTS.—The table of contents of this Act 
is as follows: 
Sec. 1. Short title; table of contents. 
TITLE I—IMPROVED INDEPENDENT LIVING PROGRAM 
Subtitle A—Improved Independent Living Program 
Sec. 101. Improved independent living program. 
Subtitle B—Related Foster Care Provision 
Sec. 111. Increase in amount of assets allowable for children in foster care. 
Sec. 112. Preparation of foster parents to provide for the needs of children in State 
care. 
Subtitle C—Medicaid Amendments 
Sec. 121. State option of Medicaid coverage for adolescents leaving foster care. 
Subtitle D—^Adoption Incentive Payments 
Sec. 131. Increased funding for adoption incentive payments. 
TITLE II—SSI FRAUD PREVENTION 
Subtitle A—Fraud Prevention and Related Provisions 
Sec. 201. Liability of representative payees for overpayments to deceased recipi-
ents. 
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 feder-
ally assisted benefit programs. 
Sec. 205. Treatment of assets held in trust under the SSI program. 
Sec. 206. Disposal of resources for less than fair market value under the SSI 
program. 
Sec. 207. Administrative procedure for imposing penalties for false or misleading 
statements. 
Sec. 208. Exclusion of representatives and health care providers convicted of viola-
tions from participation in social security programs. 
Sec. 209. State data exchanges. 
Sec. 210. Study on possible measures to improve fraud prevention and administra-
tive processing. 
Sec. 211. Annual report on amounts necessary to combat fraud. 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1823 
Sec. 212. Computer matches with Medicare and Medicaid institutionalization data. 
Sec. 213. Access to information held by financial institutions. 
Subtitle B—Benefits For Certain World War II Veterans 
Sec. 251. Establishment of program of special benefits for certain World War II 
veterans. 
Subtitle C—Study 
Sec. 261. Study of denial of SSI benefits for family farmers. 
TITLE III—CHILD SUPPORT 
Sec. 301. Narrowing of hold-harmless provision for State share of distribution of 
collected child support. 
TITLE IV—TECHNICAL CORRECTIONS 
Sec. 401. Technical corrections relating to amendments made by the Personal 
Responsibility and Work Opportunity Reconciliation Act of 1996. 
TITLE I—IMPROVED INDEPENDENT 
LIVING PROGRAM 
Subtitle A—Improved Independent Living 
Program 
SEC. 101. IMPROVED INDEPENDENT LIVING PROGRAM. 
42 USC 677 note. 
(a) FINDINGS.—The Congress finds the following: 
(1) States are required to make reasonable efforts to find 
adoptive families for all children, including older children, for 
whom reunification with their biological family is not in the 
best interests of the child. However, some older children will 
continue to live in foster care. These children should be enrolled 
in an Independent Living program designed and conducted 
by State and local government to help prepare them for employ-
ment, postsecondary education, and successful management of 
adult responsibilities. 
(2) Older children who continue to be in foster care as 
adolescents may become eligible for Independent Living pro-
grams. These Independent Living programs are not an alter-
native to adoption for these children. Enrollment in Inde-
pendent Living programs can occur concurrent with continued 
efforts to locate and achieve placement in adoptive families 
for older children in foster care. 
(3) About 20,000 adolescents leave the Nation's foster care 
system each year because they have reached 18 years of age 
and are expected to support themselves. 
(4) Congress has received extensive information 
that 
adolescents leaving foster care have significant 
difficulty 
making a successful transition to adulthood; this information 
shows that children aging out of foster care show high rates 
of homelessness, non-marital childbearing, poverty, £ind delin-
quent or criminal behavior; they are also frequently the target 
of crime and physical assaults. 
(5) The Nation's State and local governments, with financial 
support from the Federal Government, should offer an extensive 
program of education, training, employment, and financial sup-
port for young adults leaving foster care, with participation 
in such program beginning several years before high school 
113 STAT. 1824 
PUBLIC LAW 106-169—DEC. 14, 1999 
graduation and continuing, as needed, until the young adults 
emancipated from foster care establish independence or reach 
21 years of age. 
(b) IMPROVED INDEPENDENT LIVING PROGRAM.—Section 477 of 
the Social Security Act (42 U.S.C. 677) is amended to read as 
follows: 
"SEC. 477. JOHN H. CHAFEE FOSTER CARE INDEPENDENCE PROGRAM. 
"(a) PURPOSE.—The purpose of this section is to provide States 
with flexible funding that will enable programs to be designed 
and conducted— 
"(1) to identify children who are likely to remain in foster 
care until 18 years of age and to help these children make 
the transition to self-sufficiency by providing services such as 
assistance in obtaining a high school diploma, career explo-
ration, vocational training, job placement and 
retention, 
training in daily living skills, training in budgeting and finan-
cial management skills, substance abuse prevention, and 
preventive health activities (including smoking avoidance, 
nutrition education, and pregnancy prevention); 
"(2) to help children who are likely to remain in foster 
care until 18 years of age receive the education, training, and 
services necessary to obtain employment; 
"(3) to help children who are likely to remain in foster 
care imtil 18 years of age prepare for and enter postsecondary 
training and education institutions; 
"(4) to provide personal and emotional support to children 
aging out of foster care, through mentors and the promotion 
of interactions with dedicated adults; and 
"(5) to provide financial, housing, counseling, emplo5anent, 
education, and other appropriate support and services to former 
foster care recipients between 18 and 21 years of age to com-
plement their own efforts to achieve self-sufficiency and to 
assure that program participants recognize and accept their 
personal responsibility for preparing for and then making the 
transition from adolescence to adulthood. 
"(b) APPLICATIONS.— 
"(1) IN GENERAL.—A State may apply for funds from its 
allotment under subsection (c) for a period of five consecutive 
fiscal years by submitting to the Secretary, in writing, a plan 
that meets the requirements of paragraph (2) and the certifi-
cations 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 pur-
poses of this section. 
"(B) Ensure that all political subdivisions in the State 
are served by the program, though not necessarily in a 
uniform manner. 
"(C) Ensure that the programs serve children of various 
ages and at various stages of achieving independence. 
"(D) Involve the public and private sectors in helping 
adolescents in foster care achieve independence. 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1825 
"(E) Use objective criteria for determining eligibility 
for benefits and services under the programs, and for 
ensuring fair and equitable treatment of benefit recipients. 
"(F) Cooperate in national evaluations of the effects 
of the programs in achieving the purposes of this section. 
"(3) CERTIFICATIONS.—The certifications required by this 
paragraph with respect to a plan are the following: 
"(A) A certification by the chief executive officer of 
the State that the State will provide assistance and services 
to children who have left foster care because they have 
attained 18 years of age, and who have not attained 21 
years of age. 
"(B) A certification by the chief executive officer of 
the State that not more than 30 percent of the amounts 
paid to the State from its allotment under subsection (c) 
for a fiscal year will be expended for room or board for 
children who have left foster care because they have 
attained 18 years of age, and who have not attained 21 
years of age. 
"(C) A certification by the chief executive officer of 
the State that none of the amounts paid to the State 
from its allotment under subsection (c) will be expended 
for room or board for any child who has not attained 
18 years of age. 
"(D) A certification by the chief executive officer of 
the State that the State will use training funds provided 
under the program of Federal payments for foster care 
and adoption assistance to provide training to help foster 
parents, adoptive parents, workers in group homes, and 
case managers understand and address the issues con-
fi'onting adolescents preparing for independent living, and 
will, to the extent possible, coordinate such training with 
the independent living program conducted for adolescents. 
"(E) A certification by the chief executive officer of 
the State that the State has consulted widely with public 
and private organizations in developing the plan and that 
the State has given all interested members of the public 
at least 30 days to submit comments on the plan. 
"(F) A certification by the chief executive officer of 
the State that the State will make every effort to coordinate 
the State programs receiving funds provided from an allot-
ment made to the State under subsection (c) with other 
Federal and State programs for youth (especially transi-
tional living youth projects funded under part B of title 
III of the Juvenile Justice and Delinquency Prevention 
Act of 1974), abstinence education programs, local housing 
programs, programs for disabled youth (especially sheltered 
workshops), and school-to-work programs offered by high 
schools or local workforce agencies. 
"(G) A certification by the chief executive officer of 
the State that each Indian tribe in the State has been 
consulted about the programs to be carried out under the 
plan; that there have been efforts to coordinate the pro-
grams with such tribes; and that benefits and services 
under the programs will be made available to Indian chil-
dren in the State on the same basis as to other children 
in the State. 
113 STAT. 1826 
PUBLIC LAW 106-169—DEC. 14, 1999 
Deadline. 
"(H) A certification by the chief executive officer of 
the State that the State will ensure that adolescents 
participating in the program under this section participate 
directly in designing their own program activities that pre-
pare them for independent living and that the adolescents 
accept personal responsibility for living up to their part 
of the program. 
"(I) A certification by the chief executive officer of 
the State that the State has established and will enforce 
standards and procedures to prevent fraud and abuse in 
the programs carried out under the plan. 
"(4) APPROVAL.—The Secretary shall approve an application 
submitted by a State pursuant to paragraph (1) for a period 
if— 
"(A) the application is submitted on or before June 
30 of the calendar year in which such period begins; and 
"(B) the Secretary finds that the application contains 
the material required by paragraph (1). 
"(5) 
AUTHORITY TO IMPLEMENT CERTAIN AMENDMENTS; 
NOTIFICATION.—A State with an application approved under 
paragraph (4) may implement any amendment to the plan 
contained in the application if the application, incorporating 
the amendment, would be approvable under paragraph (4). 
Within 30 days after a State implements any such amendment, 
the State shall notify the Secretary of the amendment. 
"(6) AVAILABILITY.—The State shall make available to the 
public any application submitted by the State pursuant to 
paragraph (1), and a brief summary of the plan contained 
in the application. 
"(c) ALLOTMENTS TO STATES.— 
"(1) IN GENERAL.—From the amount specified in subsection 
(h) that remains after applying subsection (g)(2) for a fiscal 
year, the Secretary shall allot to each State with an application 
approved under subsection (b) for the fiscal year the amount 
which bears the same ratio to such remaining amount as the 
number of children in foster care under a program of the 
State in the most recent fiscal year for which such information 
is available bears to the total number of children in foster 
care in all States for such most recent fiscal year, as adjusted 
in accordance with paragraph (2). 
"(2) HOLD HARMLESS PROVISION.— 
"(A) IN GENERAL.—The Secretary shall allot to each 
State whose allotment for a fiscal year under paragraph 
(1) is less than the greater of $500,000 or the amount 
payable to the State imder this section for fiscal year 
1998, an additional amount equal to the difference between 
such allotment and such greater amount. 
"(B) RATABLE REDUCTION OF CERTAIN ALLOTMENTS.— 
In the case of a State not described in subparagraph (A) 
of this paragraph for a fiscal year, the Secretary shall 
reduce the amount allotted to the State for the fiscal year 
under paragraph (1) by the amount that bears the same 
ratio to the sum of the differences determined under 
subparagraph (A) of this paragraph for the fiscal year 
as the excess of the amount so allotted over the greater 
of $500,000 or the amount payable to the State under 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1827 
this section for fiscal year 1998 bears to the sum of such 
excess amounts determined for all such States. 
"(d) USE OF FUNDS.— 
"(1) IN GENERAL.—^A State to which an amount is paid 
fi*om 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 fi-om 
its allotment under subsection (c) shall be used to supplement 
and not supplant any other funds which are available for the 
same general purposes in the State. 
"(3) TWO-YEAR AVAILABILITY OF FUNDS.—Payments made 
to a State under this section for a fiscal year shall be expended 
by the State in the fiscal year or in the succeeding fiscal 
year. 
"(e) PENALTIES.— 
"(1) USE OF GRANT IN VIOLATION OF THIS PART.—If the 
Secretary is made aware, by an audit conducted under chapter 
75 of title 31, United States Code, or by any other means, 
that a program receiving funds from an allotment made to 
a State under subsection (c) has been operated in a manner 
that is inconsistent with, or not disclosed in the State applica-
tion 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 amornit 
of the allotment. 
"(2) FAILURE TO COMPLY WITH DATA REPORTING REQUIRE-
MENT.—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 inde-
pendent living and other child welfare programs, child welfare 
advocates, Members of Congress, youth service providers, and 
researchers, shall— 
"(A) develop outcome measures (including measures 
of educational attainment, high school diploma, employ-
ment, avoidance of dependency, homelessness, nonmarital 
childbirth, incarceration, and high-risk behaviors) that can 
be used to assess the performance of States in operating 
independent living programs; 
"(B) identify data elements needed to track— 
"(i) the number and characteristics of children 
receiving services under this section; 
"(ii) the type and quantity of services being 
provided; and 
"(iii) State performance on the outcome measures; 
and 
113 STAT. 1828 
PUBLIC LAW 106-169—DEC. 14, 1999 
"(C) develop and implement a plan to collect the needed 
information beginning with the second fiscal year beginning 
after the date of the enactment of this section. 
Deadline. 
"(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) and a 
proposal to impose penalties consistent with paragraph (e)(2) 
on States that do not report data. 
"(g) EVALUATIONS.— 
"(1) IN GENERAL.—The Secretary shall conduct evaluations 
of such State programs funded under this section as the Sec-
retary deems to be innovative or of potential national signifi-
cance. The evaluation of any such program shall include 
information on the effects of the program on education, employ-
ment, and personal development. To the maximum extent prac-
ticable, the evaluations shall be based on rigorous scientific 
standards including random assignment to treatment and con-
trol groups. The Secretary is encouraged to work directly with 
State and local governments to design methods for conducting 
the evaluations, directly or by grant, contract, or cooperative 
agreement. 
"(2) 
FUNDING 
OF EVALUATIONS.—The Secretary 
shall 
reserve 1.5 percent of the amount specified in subsection (h) 
for a fiscal year to carry out, during the fiscal year, evaluation, 
technical assistance, performance measurement, and data 
collection activities related to this section, directly or through 
grants, contracts, or cooperative agreements with appropriate 
entities. 
"(h) LIMITATIONS ON AUTHORIZATION OF APPROPRIATIONS.—To 
carry out this section and for payments to States under section 
474(a)(4), there are authorized to be appropriated to the Secretary 
$140,000,000 for each fiscal year.". 
(c) PAYMENTS TO STATES.—Section 474(a)(4) of such Act (42 
U.S.C. 674(a)(4)) is amended to read as follows: 
"(4) the lesser o
f
— 
"(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.". 
Deadline. 
(d) REGULATIONS.—Not later than 12 months after the date 
42 use 677 note, 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. 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1829 
(e) SENSE OF THE CONGRESS.—It is the sense of the Congress 
that States should provide medical assistance under the State plan 
approved 
under 
title XIX of the Social 
Security Act to 
18-, 19-, and 20-year-olds who have been emancipated from foster 
care. 
Subtitle B—Related Foster Care Provision 
SEC. 
111. INCREASE IN AMOUNT OF ASSETS ALLOWABLE FOR 
CHILDREN IN FOSTER CARE. 
Section 472(a) of the Social Security Act (42 U.S.C. 672(a)) 
is amended by adding at the end the following: "In determining 
whether a child would have received aid under a State plan 
approved under section 402 (as in effect on July 16, 1996), a 
child whose resources (determined pursuant to section 402(a)(7)(B), 
as so in effect) have a combined value of not more than $10,000 
shall be considered to be a child whose resources have a combined 
value of not more than $1,000 (or such lower amount as the State 
may determine for purposes of such section 402(a)(7)(B)).". 
SEC. 112. PREPARATION OF FOSTER PARENTS TO PROVIDE FOR THE 
NEEDS OF CHILDREN IN STATE CARE. 
(a) STATE PLAN REQUIREMENT.—Section 471(a) of the Social 
Security Act (42 U.S.C. 671(a)) is amended— 
(1) by striking "and" at the end of paragraph (22); 
(2) by striking the period at the end of paragraph (23) 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(24) include a certification that, before a child in foster 
care under the responsibility of the State is placed with prospec-
tive foster parents, the prospective foster parents will be pre-
pared adequately with the appropriate knowledge and skills 
to provide for the needs of the child, and that such preparation 
will be continued, as necessary, after the placement of the 
child.". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
42 USC 671 note, 
(a) shall take effect on October 1, 1999. 
Subtitle C—Medicaid Amendments 
SEC. 121. STATE OPTION OF MEDICAID COVERAGE FOR ADOLESCENTS 
LEAVING FOSTER CARE. 
(a) IN GENERAL.—Subject to subsection (c), title XIX of the 
Social Security Act, is amended— 
(1) 
in 
section 
1902(a)(10)(A)(ii) 
(42 
U.S.C. 
1396a(a)(10)(A)(ii))— 
(A) by striking "or" at the end of subclause (XIII); 
(B) by adding "or" at the end of subclause (XIV); and 
(C) by adding at the end the following new subclause: 
"(XV) who are independent foster care adoles-
cents (as defined in section 1905(v)(l)), or who 
are within any reasonable categories of such 
adolescents specified by the State;"; and 
(2) by adding at the end of section 1905 (42 U.S.C. 1396d) 
the following new subsection: 
113 STAT. 1830 
PUBLIC LAW 106-169—DEC. 14, 1999 
Applicability. 
42 u s e 1396a 
note. 
42 u s e 1396a 
note. 
42 u s e 1396a. 
42 u s e 1396d. 
"(v)(l) For purposes of this title, the term 'independent foster 
care adolescent' means an individual— 
"(A) who is under 21 years of age; 
"(B) who, on the individual's 18th birthday, was in foster 
care under the responsibility of a State; and 
"(C) whose assets, resources, and income do not exceed 
such levels (if any) as the State may establish consistent with 
paragraph (2). 
"(2) The levels established by a State under paragraph (1)(C) 
may not be less than the corresponding levels applied by the State 
under section 1931(b). 
"(3) A State may limit the eligibility of independent foster 
care adolescents under section 1902(a)(10)(A)(ii)(XV) to those 
individuals with respect to whom foster care maintenance payments 
or independent living services were furnished under a program 
funded under part E of title IV before the date the individuals 
attained 18 years of age.". 
(b) EFFECTIVE DATE.—The amendments made by subsection 
(a) apply to medical assistance for items and services furnished 
on or after October 1, 1999. 
(c) CONTINGENCY IN ENACTMENT.—If the Ticket to Work and 
Work Incentives Improvement Act of 1999 is enacted (whether 
before, on, or after the date of the enactment of this Act)— 
(1) the amendments made by that Act shall be executed 
as if this Act had been enacted after the enactment of such 
other Act; 
(2) with respect to subsection (a)(1)(A) of this section, any 
reference to subclause (XIII) is deemed a reference to subclause 
(XV); 
(3) with respect to subsection (a)(1)(B) of this section, any 
reference to subclause (XIV) is deemed a reference to subclause 
(XVI); 
(4) the subclause (XV) added by subsection (a)(1)(C) of 
this section— 
(A) is redesignated as subclause (XVII); and 
(B) is amended by striking "section 1905(v)(l)" and 
inserting "section 1905(w)(l)"; and 
(5) the subsection (v) added by subsection (a)(2) of this 
section— 
(A) is redesignated as subsection (w); and 
(B) is amended by striking "1902(a)(10)(A)(ii)(XV)" and 
inserting "1902(a)(10)(A)(ii)(XVII)". 
Subtitle D—^Adoption Incentive Payments 
SEC. 131. INCREASED FUNDING FOR ADOPTION INCENTIVE PAYMENTS. 
(a) SUPPLEMENTAL GRANTS.—Section 473A of the Social Secu-
rity Act (42 U.S.C. 673b) is amended by adding at the end the 
following: 
"(j) SUPPLEMENTAL GRANTS.— 
"(1) IN GENERAL.—Subject to the availability of such 
amounts as may be provided in advance in appropriations 
Acts, in addition to any amount otherwise payable under this 
section to any State that is an incentive-eligible State for fiscal 
year 1998, the Secretary shall make a grant to the State 
in an amount equal to the lesser of— 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1831 
"(A) the amount by which— 
"(i) the amount that would have been payable to 
the State under this section during fiscal year 1999 
(on the basis of adoptions in fiscal year 1998) in the 
absence of subsection (d)(2) if sufficient funds had been 
available for the payment; exceeds 
"(ii) the amount that, before the enactment of this 
subsection, was payable to the State under this section 
during fiscal year 1999 (on such basis); or 
"(B) the amount that bears the same ratio to the dollar 
amount specified in paragraph (2) as the amount described 
by subparagraph (A) for the State bears to the aggregate 
of the amounts described by subparagraph (A) for all States 
that are incentive-eligible States for fiscal year 1998. 
"(2) FUNDING.—$23,000,000 of the amounts appropriated 
under subsection (h)(1) for fiscal year 2000 may be used for 
grants under paragraph (1) of this subsection.", 
(b) 
LIMITATION 
ON AUTHORIZATION 
OF 
APPROPRIATIONS.— 
Section 473A(h)(l) of the Social Security Act (42 U.S.C. 673b(h)(l)) 
is amended to read as follows: 
"(1) IN GENERAL.—For grants under subsection (a), there 
are authorized to be appropriated to the Secretary— 
"(A) $20,000,000 for fiscal year 1999; 
"(B) $43,000,000 for fiscal year 2000; and 
"(C) $20,000,000 for each of fiscal years 2001 through 
2003.". 
TITLE II—SSI FRAUD PREVENTION 
Subtitle A—^Fraud Prevention and Related 
Provisions 
SEC. 201. LIABILITY OF REPRESENTATIVE PAYEES FOR OVERPAY- 
Records. 
MENTS 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 repa3mtient 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 Applicability. 
shall apply to overpayments made 12 months or more after the 
42 USC 404 note. 
date of the enactment of this Act. 
113 STAT. 1832 
PUBLIC LAW 106-169—DEC. 14, 1999 
Applicability. 
42 use 1383 
note. 
SEC. 202. 
RECOVERY OF OVERPAYMENTS OF SSI 
BENEFITS FROM 
LUMP 
SUM 
SSI 
BENEFIT 
PAYMENTS. 
(a) IN GENERAL.—Section 1631(b)(l)(B)(ii) of the Social Security 
Act (42 U.S.C. 1383(b)(l)(B)(ii)) is amended— 
(1) by inserting "monthly before "benefit pajmaents"; 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 agree-
ment 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 pa3niient 
in an amount equal to not less than the lesser of the amount 
of the overpayment or 50 percent of the lump sum pa3nnent," 
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: 
"(4)(A) With respect to any delinquent amount, the Commis-
sioner 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 Secu-
rity 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". 
Applicability. 
(d) EFFECTIVE DATE.—The amendments made by this section 
31 use 3701 
shall apply to debt outstanding on or after the date of the enactment 
"ote. 
of this Act. 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1833 
SEC. 204. REQUIREMENT TO PROVIDE STATE PRISONER INFORMATION 
TO FEDERAL AND FEDERALLY ASSISTED BENEFIT PRO-
GRAMS. 
Section 1611(e)(l)(I)(ii)(II) of the Social Security Act (42 U.S.C. 
1382(e)(l)(I)(ii)(II)) is amended by striking "is authorized to" and 
inserting "shedl". 
SEC. 205. TREATMENT OF ASSETS HELD IN TRUST UNDER THE SSI 
PROGRAM. 
(a) TREATMENT AS RESOURCE.—Section 1613 of the Social 
Security Act (42 U.S.C. 1382b) is amended by adding at the end 
the following: 
"Trusts 
"(e)(1) In determining the resources of an individual, paragraph Applicability. 
(3) shedl 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 indi-
vidual, the corpus of the trust shall be considered a resource avail-
able to the individual. 
"(B) In the case of an irrevocable trust established by an indi-
vidual, if there are any circumstances under which pa3anent from 
the trust could be made to or for the benefit of the individual 
(or of the individual's spouse), the portion of the corpus from which 
payment to or for the benefit of the individual (or of the individual's 
spouse) could be made shall be considered a resource available 
to the individual. 
"(4) The Commissioner of Social Security may waive the applica-
tion of this subsection with respect to an individual if the Commis-
sioner determines that such application would work an undue hard-
ship (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; 
113 STAT. 1834 
PUBLIC LAW 106-169—DEC. 14, 1999 
"(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 pajnnent or property to which the indi-
vidugQ (or of the individual's spouse) is entitled but does 
not receive or have access to because of action by— 
"(I) the individual or spouse; 
"(II) a person or entity (including a court) with 
legal authority to act in place of, or on behalf of, 
the individual or spouse; or 
"(III) a person or entity (including a court) acting 
at the direction of, or on the request,of, the individual 
or spouse.". 
(b) TREATMENT AS INCOME.—Section 1612(a)(2) of such Act 
(42 U.S.C. 1382a(a)(2)) is amended— 
(1) by striking "and" at the end of subparagraph (E); 
(2) by striking the period at the end of subparagraph (F) 
and inserting "; and"; and 
(3) by adding at the end the following: 
"(G) any earnings of, and additions to, the corpus of a 
trust established by an individual (within the meaning of sec-
tion 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 pay-
ment from the earnings or additions could be made to or for 
the benefit of the individual.". 
(c) CONFORMING AMENDMENTS.—Section 1902(a)(10) of the 
Social Security Act (42 U.S.C. 1396a(a)(10)) is amended— 
(1) by striking "and" at the end of subparagraph (E); 
(2) by adding "and" at the end of subparagraph (F); and 
(3) by inserting after subparagraph (F) the following: 
"(G) that, in appl5dng eligibility criteria of the supple-
mental security income program under title XVI for pur-
poses of determining eligibility for medical assistance under 
the State plan of an individual who is not receiving supple-
mental security income, the State will disregard the provi-
sions of section 1613(e);". 
Applicability. 
(d) EFFECTIVE DATE.—The amendments made by this section 
42 use 1382a 
shall take effect on January 1, 2000, and shall apply to trusts 
°°*®- 
established on or after such date. 
SEC. 206. DISPOSAL OF RESOURCES FOR LESS THAN FAIR MARKET 
VALUE UNDER THE SSI PROGRAM. 
(a) IN GENERAL.—Section 1613(c) of the Social Security Act 
(42 U.S.C. 1382b(c)) is amended— 
(1) in the caption, by striking "Notification of Medicaid 
Policy Restricting Eligibility of Institutionalized Individuals for 
Benefits Based on"; 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1835 
(2) in paragraph (1)— 
(A) in subpgiragraph (A)— 
(i) by inserting "paragraph (1) and" after "provi-
sions 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 striMng "paragraph (1)(B)" and inserting 
"subparagraph (A)(ii)"; 
(4) by striking "(c)(1)" and inserting "(2)(A)"; and 
(5) by inserting before paragraph (2) (as so redesignated 
by paragraph (4) of this subsection) the following: 
"(c)(l)(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 ineli-
gible 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 individusd (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 pay-
ment level applicable to the individual's living arrangement 
and eligibility category that would otherwise be payable to 
the individual by the Commissioner pursusint 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 fi-action, to the nearest whole number, 
but shall not in any case exceed 36 months. 
113 STAT. 1836 
PUBLIC LAW 106-169—DEC. 14, 1999 
"(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 pa5nnent could under any circumstance be made 
to the individual, 
then, for purposes of this subsection, the pajnnent 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 trans-
feror'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 imme-
diately before the date the transferor becomes an institu-
tionalized individual, and who provided care to the trans-
feror 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 fi'om 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— 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1837 
"(I) the individual who disposed of the resources 
intended to dispose of the resources either at fair market 
value, or for other valuable consideration; 
"(II) the resources were transferred exclusively for a 
purpose other than to qualify for benefits under this title; 
or 
"(III) all resources transferred for less than fair market 
v£due have been retiu*ned to the transferor; or 
"(iv) the Commissioner determines, under procedures estab-
lished 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 arreingement, 
the res6iu"ce (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 individugJ'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 shsJl apportion the period (or 
emy 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 peiragraph— 
"(i) the term ^benefits under this title' includes pa5anents 
of the type described in section 1616(a) of this Act and of 
the type described in section 212(b) of Public Law 93-66; 
"(ii) the term 'institutionalized individual' has the meaning 
given such term in section 1917(e)(3); and 
"(iii) the term 'trust' has the meaning given such term 
in subsection (e)(6)(A) of this section.". 
(b) CONFORMING AMENDMENT.—Section 1902(a)(10) of the Social 
Security Act (42 U.S.C. 1396a(a)(10)), as amended by section 205(c) 
of this Act, is amended by striking "section 1613(e)" and inserting 
"subsections (c) and (e) of section 1613". 
(c) EFFECTIVE DATE.—The amendments made by this section 
42 USC 1382b 
shadl be effective with respect to disposals made on or after the ^ote. 
date of the enactment of this Act. 
SEC. 207. ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES 
FOR FALSE OR MISLEADING STATEMENTS. 
(a) IN GENERAL.—Part A of title XI of the Social Security 
Act (42 U.S.C. 1301 et seq.) is amended by inserting after section 
1129 the following: 
«SEC. 1129A. ADMINISTRATIVE PROCEDURE FOR IMPOSING PENALTIES 
42 USC 
FOR FALSE OR MISLEADING STATEMENTS. 
1320a-8a 
"(a) IN GENERAL.—^Any person who msikes, 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 amoiuit 
of— 
"(1) monthly insursuice benefits under title II; or 
"(2) benefits or payments imder title XVI, 
that the person knows or should know is false or misleading or 
knows or should know omits a materied fact or who makes such 
a statement with knowing disregard for the truth shall be subject 
113 STAT. 1838 
PUBLIC LAW 106-169—DEC. 14, 1999 
Deadline. 
42 use 
1320a-8a note. 
to, in addition to Einy 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 peneJty described in this subsection is— 
"(1) nonpajrment of benefits under title II that would other-
wise 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 diu-ation of the applicable 
period, with respect to a determination by the Commissioner under 
subsection (a) that a person has engaged in conduct described 
in subsection (a), shall be— 
"(1) six consecutive months, in the case of the first such 
determination with respect to the person; 
"(2) twelve consecutive months, in the case of the second 
such determination with respect to the person; £uid 
"(3) twenty-four consecutive months, in the case of the 
third or subsequent such determination with respect to the 
person. 
"(d) EFFECT ON OTHER ASSISTANCE.—A person subject to a 
period of nonpayment of benefits under title II or ineligibility for 
title XVI benefits by reason of this section nevertheless shall be 
considered to be eligible for and receiving such benefits, to the 
extent that the person would be receiving or eligible for such bene-
fits 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 Commis-
sioner pursuant to an agreement under section 1616(a) of this 
Act or section 212(b) of Pubhc 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 RETIRE-
MENT CREDIT FOR ANY MONTH TO WHICH A NONPAYMENT OF BENE-
FITS PENALTY APPLIES.—Section 202(w)(2)(B) of such Act (42 U.S.C. 
402(w)(2)(B)) is amended— 
(1) by striking "and" at the end of clause (i); 
(2) by striking the period at the end of clause (ii) and 
inserting ", and"; and 
(3) by adding at the end the following: 
"(iii) such individual was not subject to a penalty 
imposed under section 1129A.". 
(c) ELIMINATION OF REDUNDANT PROVISION.—Section 1611(e) 
of such Act (42 U.S.C. 1382(e)) is amended— 
(1) by striking paragraph (4); 
(2) in paragraph (6)(A)(i), by striking "(5)" and inserting 
"(4)"; and 
(3) by redesignating paragraphs (5) and (6) as paragraphs 
(4) and (5), respectively. 
(d) REGULATIONS.—^Within 6 months after the date of the enact-
ment of this Act, the Commissioner of Social Security shall develop 
regulations that prescribe the administrative process for making 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1839 
determinations under section 1129A of the Social Security Act 
(including when the applicable period in subsection (c) of such 
section shgill commence), and shall provide guidance on the exercise 
of discretion as to whether the penalty should be imposed in par-
ticular 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. 
208. EXCLUSION OF REPRESENTATIVES AND HEALTH CARE 
PROVIDERS CONVICTED OF VIOLATIONS FROM PARTICI-
PATION IN SOCIAL SECURITY PROGRAMS. 
(a) IN GENERAL.—Part A of title XI of the Social Security 
Act is amended by inserting before section 1137 (42 U.S.C. 1320b-
7) the following: 
"EXCLUSION OF REPRESENTATIVES AND HEALTH CARE PROVIDERS 
CONVICTED OF VIOLATIONS FROM PARTICIPATION IN SOCIAL SECU-
RITY PROGRAMS 
"SEC. 1136. (a) IN GENERAL.—The Commissioner of Social Secu-
rity 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 exclu-
sion under paragraph (1), the period of the exclusion. 
"(B) Subject to subparagraph (C), in the case of an exclusion 
under subsection (a), the minimum period of exclusion shall be 
5 years, except that the Commissioner may waive the exclusion 
in the case of an individual who is the sole source of essential 
services in a community. The Commissioner's decision whether 
to waive the exclusion shall not be reviewable. 
"(C) In the case of an exclusion of an individual under sub-
section (a) based on a conviction or a determination described 
in subsection (a)(3) occurring on or after the date of the enactment 
of this section, if the individual has (before, on, or after such 
date of the enactment) been convicted, or if such a determination 
has been made with respect to the individual— 
Applicability. 
42 u s e 402 note. 
42 u s e 1320b-6. 
69-194-01- 11 :QL3Part3 
113 STAT. 1840 
PUBLIC LAW 106-169—DEC. 14, 1999 
Applicability. 
"(i) on one previous occasion of one or more offenses for 
which an exclusion may be effected under such subsection, 
the period of the exclusion shall be not less than 10 years; 
or 
"(ii) on two or more previous occasions of one or more 
offenses for which an exclusion may be effected under such 
subsection, the period of the exclusion shall be permanent. 
"(c) NOTICE TO STATE AGENCIES.—The Commissioner shall 
promptly notify each appropriate State agency employed for the 
purpose of making disability determinations under section 221 or 
1633(a)— 
"(1) of the fact and circumstances of each exclusion effected 
against an individual under this section; and 
"(2) of the period (described in subsection (b)(3)) for which 
the State agency is directed to exclude the individual from 
participation in the activities of the State agency in the course 
of its employment. 
"(d) NOTICE TO STATE LICENSING AGENCIES.—The Commis-
sioner shall— 
"(1) promptly notify the appropriate State or local agency 
or authority having responsibility for the licensing or certifi-
cation 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 indi-
vidual who is excluded (or directed to be excluded) from participa-
tion under this section is entitled to reasonable notice and oppor-
tunity 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 indi-
vidual 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. 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1841 
"(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 mginner 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' fi-om participation 
means— 
"(A) in connection with a representative, to prohibit 
fi*om engaging in representation of an applicant for, or 
recipient of, benefits, as a representative payee imder 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 pursuEint 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.". 
Notification. 
Regulations. 
113 STAT. 1842 
PUBLIC LAW 106-169—DEC. 14, 1999 
Applicability. 
42 u s e 1320b-6 
note. 
42 u s e 1306b. 
42 u s e 1320a-8 
note. 
Deadline. 
Applicability. 
42 u s e 904 note. 
(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 £in 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 fi*aud on the part of individuals entitled 
to disability benefits under section 223 of the Social Security 
Act or benefits under section 202 of such Abt based on the 
beneficiarjr'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 cheinges 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 fiinds required by the Social Security Administration 
for the fiscal year covered by the budget to support efforts to 
combat fi-aud 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. 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1843 
SEC. 212. COMPUTER MATCHES WITH MEDICARE AND MEDICAID 
INSTITUTIONALIZATION DATA. 
(a) IN GENERAL.—Section 1611(e)(1) of the Social Security Act 
(42 U.S.C. 1382(e)(1)) is amended by adding at the end the following: 
"(J) For the purpose of carrying out this paragraph, the 
Commissioner of Social Security shall conduct periodic computer 
matches with data maintained by the Secretary of Health and 
Human Services under title XVIII or XIX. The Secretary shall 
furnish to the Commissioner, in such form £ind manner and imder 
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)(lXG)) 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)(lXB)) is amended— 
(1) by striking "(B) The" and inserting "(B)(i) The"; and 
(2) by adding at the end the following new clause: 
"(iiXI) 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 eligibiUty 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) fi-om 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 eeirliest 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. 
113 STAT. 1844 
PUBLIC LAW 106-169—DEC. 14, 1999 
"(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 fiimishing 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. 
42 u s e 1001. 
"SEC. 801. BASIC ENTITLEMENT TO BENEFITS. 
"Every individual who is a qualified individual under section 
802 shedl, 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. 
42 u s e 1002. 
"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; 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1845 
"(2) who is a World War II veteran; 
"(3) who is eUgible 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 applica-
tion 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 
bv the Commissioner of Social Security under this title, 
shall be a qualified individual for purposes of this title, 
"SEC. 803. RESIDENCE OUTSmE THE UNITED STATES. 
42 USC 1003. 
"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. 
42 USC 1004. 
"(a) IN GENERAL.—Notwithstanding section 802, an individual 
may not be a qualified individual for any month— 
"(1) that begins after the month in which the Commissioner 
of Social Security is notified by the Attorney General that 
the individual has been removed from the United States pursu-
ant to section 237(a) or 212(a)(6)(A) of the Immigration and 
Nationality Act and before the month in which the individual 
is lawfully admitted to the United States for permanent resi-
dence; 
"(2) during any part of which the individual is fleeing 
to avoid prosecution, or custody or confinement after conviction, 
under the laws of the United States or the jurisdiction within 
the United States from which the person has fled, for a crime, 
or an attempt to commit a crime, that is a felony under the 
laws of the place from which the individual has fled, or which, 
in the case of the State of New Jersey, is a high misdemeanor 
under the laws of such State; 
"(3) during £iny part of which the individual violates a 
condition of probation or parole imposed under Federal or State 
law; or 
"(4) during which the individual resides in a foreign country 
and is not a citizen or national of the United States if payments 
for such month to individuals residing in such country are 
withheld by the Treasury Department under section 3329 of 
title 31, United States Code. 
"(b) REQUIREMENT FOR ATTORNEY GENERAL.—For the purpose 
Notification. 
of carrying out subsection (a)(1), the Attorney General shall notify 
the Commissioner of Social Security as soon as practicable after 
the removal of any individual under section 237(a) or 212(a)(6)(A) 
of the Immigration and Nationality Act. 
"SEC. 805. BENEFIT AMOUNT. 
42 USC 1005. 
"The benefit under this title payable to a qualified individual 
for any month shall be in an amoimt 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. 
113 STAT. 1846 
PUBLIC LAW 106-169—DEC. 14, 1999 
42 use 1006. 
"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 chainges in cir-
cumstances, 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. 
42 use 1007. 
"SEC. 807. REPRESENTATIVE PAYEES. 
"(a) IN GENERAL.—If the Commissioner of Social Security deter-
mines that the interest of any qualified individual under this title 
would be served thereby, payment of the qualified individual's ben-
efit 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 sub-
section (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 £in 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 o
f
— 
"(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 organiza-
tion, 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 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1847 
purposes of the Internal Revenue Code of 1986, verify 
the number; 
"(C) determine whether the person has been convicted 
of a violation of section 208, 811, or 1632; and 
"(D) determine whether pa5nnent of benefits to the 
person in the capacity as representative payee has been 
revoked or terminated pursuant to this section, section 
205(j), or section 1631(a)(2)(A)(iii) by reason of misuse of 
funds paid as benefits under this title, title II, or XVI, 
respectively. 
"(c) 
REQUIREMENT FOR MAINTAINING LISTS OF UNDESIRABLE 
PAYEES.—The Commissioner of Social Security shall establish and 
maintain lists which shall be updated periodically and which shall 
be in a form that renders such lists available to the servicing 
offices of the Social Security Administration. The lists shall consist 
of— 
"(1) the names and (if issued) social security account num-
bers or employer identification numbers of all persons with 
respect to whom, in the capacity of representative payee, the 
pajnnent of benefits has been revoked or terminated under 
this section, section 205( j), or section 1631(a)(2)(A)(iii) by reason 
of misuse of funds paid as benefits under this title, title II, 
or XVI, respectively; and 
"(2) the names and (if issued) social security account num-
bers or employer identification numbers of all persons who 
have been convicted of a violation of section 208, 811, or 1632. 
"(d) 
PERSONS 
INELIGIBLE 
TO 
SERVE 
AS REPRESENTATIVE 
PAYEES.— 
"(1) IN GENERAL.—The benefits of a qualified individual 
may not be paid to any other person pursuant to this section 
if— 
"(A) the person has been convicted of a violation of 
section 208, 811, or 1632; 
"(B) except as provided in paragraph (2), payment of 
benefits to the person in the capacity of representative 
payee has been revoked or terminated under this section, 
section 205(j), or section 1631(a)(2)(A)(ii) by reason of 
misuse of funds paid as benefits under this title, title 
II, or title XVI, respectively; or 
"(C) except as provided in paragraph (2)(B), the person 
is a creditor of the qualified individual and provides the 
qualified individual with goods or services for consideration. 
"(2) EXEMPTIONS.— 
"(A) The Commissioner of Social Security may prescribe 
circumstances under which the Commissioner of Social 
Security may grant an exemption from paragraph (1) to 
any person on a case-by-case basis if the exemption is 
in the best interest of the qualified individual whose bene-
fits 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; 
113 STAT. 1848 
PUBLIC LAW 106-169—DEC. 14, 1999 
"(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 rep-
resentative payee to whom payment would serve the 
best interests of the qualified individual; or 
"(v) a person who is determined by the Commis-
sioner 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 indi-
vidual; 
"(ii) the financial relationship of the person to the 
quaUfied 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 REP-
RESENTATIVE PAYEE.— 
"(1) IN GENERAL.—Subject to paragraph (2), if the Commis-
sioner of Social Security makes a determination described in 
the first sentence of subsection (a) with respect to any qualified 
individual's benefit £md determines that direct pajnnent 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 Commis-
sioner of Social Security's determination, legally incom-
petent 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 indi-
vidual 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. 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1849 
"(f) HEARING.—^Any qualified individual who is dissatisfied with 
a determination by the Commissioner of Social Security to make 
payment of the qualified individual's benefit to a representative 
payee under subsection (a) of this section or with the designation 
of a particular person to serve as representative payee shall be 
entitled to a hearing by the Commissioner of Social Security to 
the same extent as is provided in section 809(a), and to judicial 
review of the Commissioner of Social Security's final decision as 
is provided in section 809(b). 
"(g) NOTICE REQUIREMENTS.— 
"(1) IN GENERAL.—In advance, to the extent practicable, 
of the payment of a qualified individual's benefit to a represent-
ative payee under subsection (a), the Commissioner of Social 
Security shall provide written notice of the Commissioner's 
initial determination to so make the pa)niient. The notice shall 
be provided to the qualified individual, except that, if the quali-
fied 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 para-
graph (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 imder subsection 
(f) of the qualified individual or of the qualified individual's 
legal guardian or legal representative— 
"(A) to appeal a determination that a representative 
payee is necessary for the qualified individual; 
"(B) to appeal the designation of a particular person 
to serve as the representative payee of the qualified indi-
vidual; eind 
"(C) to review the evidence upon which the designation 
is based and to submit additional evidence. 
"(h) ACCOUNTABILITY MONITORING.— 
"(1) IN GENERAL.—In any case where pajnnent under this Reports, 
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 SOCIEJ Security shsdl establish and implement statistically 
valid procedures for reviewing the reports in order to identify 
instsinces 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 fi"om any person receiving payments on behalf of a quali-
fied individual, if the Commissioner of Social Security has 
reason to believe that the person receiving the payments is 
misusing the payments. 
"(3) MAINTAINING LISTS OF PAYEES.—The Commissioner of 
Social Security shall maintain lists which shall be updated 
periodically of— 
"(A) the name, address, and (if issued) the social secu-
rity account number or employer identification number of 
each representative payee who is receiving benefit pay-
ments pursuant to this section, section 205(j), or section 
1631(a)(2); and 
113 STAT. 1850 
PUBLIC LAW 106-169—DEC. 14, 1999 
"(B) the name, address, and social security account 
number of each individual for whom each representative 
payee is reported to be providing services as representative 
payee pursuant to this section, section 205(j), or section 
1631(a)(2). 
"(4) MAINTAINING LISTS OF AGENCIES.—The Commissioner 
of Social Security shall maintain lists, which shall be updated 
periodically, of public agencies and community-based nonprofit 
social service agencies which are qualified to serve as represent-
ative payees pursuEint 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 representa-
tive payee, the Commissioner of Social Security shall make payment 
to the qualified individual or the individual's alternative representa-
tive payee of an amount equal to the misused benefits. The Commis-
sioner of Social Security shall make a good faith effort to obtain 
restitution from the terminated representative payee. 
42 use 1008. 
"SEC. 808. OVERPAYMENTS AND UNDERPAYMENTS. 
"(a) IN GENERAL.—Whenever the Commissioner of Social Secu-
rity finds that more or less than the correct amount of payment 
has been made to any person luider this title, proper adjustment 
or recovery shall be made, as follows: 
"(1) With respect to payment to a person of more than 
the correct amount, the Commissioner of Social Security shall 
decrease any payment— 
"(A) under this title to which the overpaid person (if 
a qualified individual) is entitled, or shall require the over-
paid person or his or her estate to refund the amount 
in excess of the correct amount, or, if recovery is not 
obtained under these two methods, shall seek or pursue 
recovery by means of reduction in tax refunds based on 
notice to the Secretary of the Treasury, as authorized under 
section 3720A of title 31, United States Code; or 
"(B) under title II to recover the amount in excess 
of the correct amount, if the person is not currently eligible 
for payment under this title. 
"(2) With respect to payment of less than the correct 
amount to a qualified individual who, at the time the Commis-
sioner of Social Security is prepared to take action with respect 
to the underpayment— 
"(A) is living, the Commissioner of Social Security shall 
make pajnnent to the qualified individual (or the qualified 
individual's representative payee designated under section 
807) of the balance of the amount due the underpaid quali-
fied individual; or 
"(B) is deceased, the balance of the amount due shall 
revert to the general fund of the Treasury. 
"(b) No EFFECT ON TITLE VIII 
ELIGIBILITY OR BENEFIT 
AMOUNT.—In any case in which the Commissioner of Social Security 
takes action in accordance with subsection (a)(1)(B) to recover an 
amount incorrectly paid to an individual, that individual shall not, 
as a result of such action— 
"(1) become qualified for benefits under this title; or 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1851 
"(2) if such individual is otherwise so quaHfied, become 
qualified for increased benefits under this title. 
"(c) WAIVER OF RECOVERY OF OVERPAYMENT.—In any case in 
which more than the correct amount of payment has been made, 
there shall be no adjustment of payments to, or recovery by the 
United States from, any person who is without fault if the Commis-
sioner of Social Security determines that the adjustment or recovery 
would defeat the purpose of this title or would be against equity 
and good conscience. 
"(d) LIMITED IMMUNITY FOR DISBURSING OFFICERS.—A dis-
bursing 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 imder subsection (a) is not 
completed before the death of the qualified individual against whose 
benefits deductions are authorized. 
"(e) AUTHORIZED COLLECTION PRACTICES.— 
"(1) IN GENERAL.—^With respect to any delinquent amount, 
the Commissioner of Social Security may use the collection 
practices described in sections 3711(e), 3716, and 3718 of title 
31, United States Code, as in effect on October 1,1994. 
"(2) DEFINITION.—For purposes of paragraph (1), the term 
'delinquent amount' means an amount— 
"(A) in excess of the correct amount of the payment 
under this title; and 
"(B) determined by the Commissioner of Social Security 
to be otherwise unrecoverable under this section from a 
person who is not a qualified individual under this title. 
"SEC. 809. HEARINGS AND REVIEW. 
42 USC 1009. 
"(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 Notice. 
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 entitle-
ment to, or the amoiuit 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 £ind the decision. The 
Commissioner of Social Security may, on the Commissioner 
of Social Security's own motion, hold such hearings and conduct 
such investigations and other proceedings as the Commissioner 
of Social Security deems necessary or proper for the administra-
tion 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. Evi-
dence 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 phys-
ical, mental, educational, or linguistic limitation of the indi-
vidual (including any lack of faciUty with the English language) 
in determining, with respect to the entitlement of the individual 
113 STAT. 1852 
PUBLIC LAW 106-169—DEC. 14, 1999 
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 deter-
mination 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 applicsint 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 pa3nnents 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 Seciirity 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 Commis-
sioner 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. 
42 use 1010. 
"SEC. 810. OTHER ADMINISTRATIVE PROVISIONS. 
"(a) REGULATIONS AND ADMINISTRATIVE ARRANGEMENTS.—The 
Commissioner of Social Security may prescribe such regulations, 
and msike 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 entitle-
ment to benefits under this title, and the amount of the benefits, 
may be redetermined at such time or times as the Commissioner 
of Social Security determines to be appropriate. 
"(d) SUSPENSION AND TERMINATION OF BENEFITS.—Regulations 
prescribed by the Commissioner of Socifd Security imder subsection 
(a) may provide for the suspension and termination of entitlement 
to benefits under this title as the Commissioner determines is 
appropriate. 
42 use 1011. 
"SEC. 811. PENALTIES FOR FRAUD. 
"(a) IN GENERAL.—Whoever— 
"(1) knowingly and willfiiUy 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 msikes 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; 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1853 
"(B) the initial or continued right to the benefits of 
any other individual in whose behalf he or she has applied 
for or is receiving the benefit, 
conceals or fails to disclose the event with an intent fraudu-
lently 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 indi-
vidual, 
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 appljdng 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 fiinds 
be made to the qualified individual. 
"SEC. 812. DEFINITIONS. 
42USC1012. 
"In this title: 
"(1) WORLD WAR II VETERAN.—The term 'World War II 
veteran' means a person who— 
"(A) served during World War II— 
"(i) in the active military, naval, or air service 
of the United States during World War II; or 
"(ii) in the organized military forces of the Govern-
ment of the Commonwealth of the Philippines, while 
the forces were in the service of the Armed Forces 
of the United States pursuant to the military order 
of the President dated July 26, 1941, including among 
the military forces organized guerrilla forces under 
commanders appointed, designated, or subsequently 
recognized by the Commander in Chief, Southwest 
Pacific Area, or other competent authority in the Army 
of the United States, in any case in which the service 
was rendered before December 31,1946; and 
"(B) was discharged or released therefrom under condi-
tions other than dishonorable— 
"(i) after service of 90 days or more; or 
"(ii) because of a disability or injury incurred or 
aggravated in the line of active duty. 
"(2) WORLD WAR II.—The term World War IF 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 supple-
mentary 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 PubUc 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 
113 STAT. 1854 
PUBLIC LAW 106-169—DEC. 14, 1999 
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, not-
withstanding 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 
£iny recurring payment received by a qualified individual as 
an annuity, pension, retirement, or disability benefit (including 
any veterans' compensation or pension, workmen's compensa-
tion 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 indi-
vidual files an application for benefits under this title. 
42 use 1013. 
«SEC. 813. APPROPRIATIONS. 
"There are hereby appropriated for fiscal year 2000 and subse-
quent fiscal years, out of any funds in the Treasury not otherwise 
appropriated, such sums as may be necessary to carry out this 
title.". 
(b) CONFORMING AMENDMENTS.— 
(1) SOCIAL SECURITY TRUST FUNDS LAE ACCOUNT.—Section 
201(g) of such Act (42 U.S.C. 401(g)) is amended— 
(A) in the fourth sentence of paragraph (1)(A), by 
inserting afl:er "this title," the following: "title VIII,"; 
(B) in paragraph (l)(B)(i)(I), by inserting after "this 
title," the following: "title VIII,"; and 
(C) in paragraph (l)(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), Ijy 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 representa-
tive 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 (2XB)(ii)(II), by inserting ", 811," 
before "or 1632"; 
(G) in paragraph (2)(C)(i)(II), by inserting ", the des-
ignation of such person as a representative payee has been 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1855 
revoked pursuant to section 807(a)," before "or payment 
of benefits"; 
(H) in each of clauses (i) and (ii) of paragraph (3)(E), 
by inserting ", section 807," before "or section 1631(a)(2)"; 
(I) in paragraph (3)(F), by inserting "807 or" before 
"1631(a)(2)"; and 
(J) in paragraph (4)(B)(i), by inserting "807 or" before 
"1631(a)(2)". 
(3) WITHHOLDING FOR CHILD SUPPORT AND ALIMONY OBLIGA-
TIONS.—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 vet-
ergins 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— 
42 USC 909. 
(A) in subsection (a), by striking "title II" and inserting 
"title II, title VIII,"; and 
(B) in subsection (b), by striking "title II" and inserting 
"title II, title VIII,". 
(6) CIVIL MONETARY PENALTIES.—Section 1129 of such Act 
(42 U.S.C. 1320a-8) is amended— 
(A) in the title, by striking "II" and inserting "II, VIII"; 
(B) in subsection (a)(1)— 
(i) by striking "or" at the end of subpara-
graph (A); 
(ii) by redesignating subparagraph (B) as subpara-
graph (C); and 
(iii) by inserting after subparagraph (A) the fol-
lowing new subparagraph: 
"(B) benefits or payments under title VIII, or"; 
(C) in subsection (a)(2), by inserting "or title VIII," 
after "title II"; 
(D) in subsection (e)(1)(C)— 
(i) by striking "or" at the end of clause (i); 
(ii) by redesignating clause (ii) as clause (iii); and 
(iii) by inserting after clause (i) the following new 
clause: 
"(ii) by decrease of any pa3nnent 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 (1), 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 
113 STAT. 1856 
PUBLIC LAW 106-169—DEC. 14, 1999 
(ii) by striking "title II" the second place it appears 
and inserting "such title"; and 
(B) in the heading, by striking "SOCIAL SECURITY" and 
inserting "OTHER". 
(8) RECOVERY OF SOCIAL SECURITY OVERPAYMENTS.—Part 
A of title XI of the Social Security Act is amended by inserting 
after section 1147 (42 U.S.C. 1320b-17) the following new sec-
tion: 
"RECOVERY OF SOCLUL SECURITY BENEFIT OVERPAYMENTS FROM 
TITLE VIII BENEFITS 
42 use 
"SEC. 1147A. Whenever the Commissioner of Social Security 
1320b-18. 
determines that more than the correct amount of any pajonent 
has been made under title II to an individual who is not cmrently 
receiving benefits under that title but who is receiving benefits 
imder title VIII, the Commissioner may recover the amount incor-
rectly paid under title II by decreasing any amount which is payable 
to the individual under title VIII.". 
(9) 
REPRESENTATIVE PAYEE PROVISIONS OF TITLE XVI.— 
Section 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amend-
ed— 
(A) in subparagraph (A)(iii), by inserting "or 807" after 
"205(j)(l)"; 
(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 certifi-
cation"; and 
(ii) by inserting ", title VIII," before "or this title"; 
(E) in subparagraph (B)(iii)(II), by inserting "the des-
ignation of such person as a representative payee has been 
revoked pursueuit to section 807(a)," before "or certifi-
cation"; and 
(F) in subparagraph (D)(ii)(II)(aa), by inserting "or 807" 
after "205(jX4)". 
(10) ADMINISTRATIVE OFFSET.—Section 3716(c)(3)(C) of title 
31, United States Code, is amended— 
(A) by striking "sections 205(b)(1)" and inserting "sec-
tions 205(b)(1), 809(a)(1),"; and 
(B) by striking "either title II" and inserting "title 
II, VIII,". 
Subtitle C—Study 
42 use 1382 
SEC. 261. STUDY OF DENIAL OF SSI BENEFITS FOR FAMILY FARMERS. 
(a) IN GENERAL.—The Commissioner of Social Security shall 
conduct a study of the reasons why family farmers with resources 
of less than $100,000 £ire denied supplemented security income 
benefits under title XVI of the Social Security Act, including 
whether the deeming process unduly biu*dens and discriminates 
against family farmers who do not institutionedize a disabled 
dependent, and shall determine the nimiber of such farmers who 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1857 
have been denied such benefits during each of the preceding 10 
years. 
(b) REPORT TO THE CONGRESS.—Within 1 year after the date Deadline, 
of the enactment of this Act, the Commissioner of Social Security 
shall prepare and submit to the Committee on Ways and Means 
of the House of Representatives and the Committee on Finance 
of the Senate a report that contains the results of the study, 
and the determination, required by subsection (a). 
TITLE III—CHILD SUPPORT 
SEC. 301. NARROWING OF HOLX)-HARMLESS PROVISION FOR STATE 
SHARE OF DISTRIBUTION OF COLLECTED CHILD SUP-
PORT. 
(a) IN GENERAL.—Section 457(d) of the Social Security Act 
(42 U.S.C. 657(d)) is amended to read as follows: 
"(d) HOLD-HARMLESS PROVISION.—If— 
"(1) the State share of amounts collected in the fiscal year 
which could be retained to reimburse the State for amounts 
paid to families as assistance by the State is less than the 
State share of such amounts collected in fiscal year 1995 (deter-
mined in accordance with section 457 as in effect on August 
21,1996); and 
"(2)(A) the State has distributed to families that include 
an adult receiving assistance under the program under part 
A at least 80 percent of the current support payments collected 
during the preceding fiscal year on behalf of such families, 
and the amounts distributed were disregarded in determining 
the amount or type of assistance provided under the program 
under part A; or 
"(B) the State has distributed to families that formerly 
received assistance under the program under part A the State 
sh£ire of the amounts collected pursuant to section 464 that 
could have been retained as reimbursement for assistance paid 
to such families, 
then the State share otherwise determined for the fiscal year shall 
be increased by an amount equal to one-half of the amount (if 
any) by which the State share for fiscal year 1995 exceeds the 
State share for the fiscal year (determined without regard to this 
subsection).". 
(b) EFFECTIVE DATE.—^The amendment made by subsection (a) 42 use 657 note. 
shall be effective with respect to calendar quarters occurring during 
the period that begins on October 1, 1998, and ends on September 
30, 2001. 
(c) REPEAL.—Effective October 1, 2001, section 457 of the Social 
Security Act (42 U.S.C. 657) is amended— 
(1) in subsection (a), by striking "subsections (e) and (f)" 
and inserting "subsections (d) and (e)"; 
(2) by striking subsection (d); 
(3) in subsection (e), by striking the second sentence; and 
(4) by redesignating subsections (e) and (f) as subsections 
(d) and (e), respectively. 
113 STAT. 1858 
PUBLIC LAW 106-169—DEC. 14, 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)(l)(B)(iv) of the Social Security Act (42 U.S.C. 
602(a)(l)(B)(iv)) is amended by striking "Act" and inserting "sec-
tion". 
(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 "pari;" and 
inseirtin£f "section". 
(c) Section 4i3(g)(l) of the Social Security Act (42 U.S.C. 
613(g)(1)) is amended by striking "Act" and inseri;ing "section". 
(d) Section 416 of the Social Security Act (42 U.S.C. 616) 
is amended by striking "Oppori;unity Act" and insert;ing "Oppor-
tunity Reconciliation Act" each place such term appears. 
(e) Section 431(a)(6) of the Social Security Act (42 U.S.C. 
629a(a)(6))) is amended— 
(1) by inseri;ing ", as in effect before August 22, 1986" 
after "482(i)(5)"; and 
(2) by inserting ", as so in effect" after "482(i)(7)(A)". 
(f) Sections 452(a)(7) and 466(c)(2)(A)(i) of the Social Security 
Act (42 U.S.C. 652(a)(7) and 666(c)(2)(A)(i)) are each amended by 
striking "Social Security" and inserting "social security. 
(g) Section 454 of the Social Security Act (42 U.S.C. 654) 
is amended— 
(1) by striking ", or" at the end of each of paragraphs 
(6XE)(i) and (19)(BXi) and inserting "; or"; 
(2) in paragraph (9), by striking the comma at the end 
of each of subparagraphs (A), (B), and (C) and inserting a 
semicolon; and 
(3) by striking ", and" at the end of each of paragraphs 
(19)(A) and (24)(A) and inserting "; and". 
(h) Section 454(24)(B) of the Social Security Act (42 U.S.C. 
654(24)(B)) is amended by striking "Opportunity Act" £ind inserting 
"Opportunity Reconciliation Act". 
(i) Section 344(b)(1)(A) of the Personal Responsibility and Work 
Opportunity Reconcihation Act of 1996 (Public Law 104-193; 110 
42 use 655. 
Stat. 2236) is amended to read as follows: 
"(A) in paragraph (1), by striking subparagraph (B) 
and inserting the following: 
*(B) equal to the percent specified in paragraph (3) 
of the sums expended during such quarter that are attrib-
utable to the planning, design, development, instsdlation 
or enhancement of an automatic data processing and 
information retrieval system (including in such sums the 
full cost of the hardware components of such system); and'; 
and", 
(j) Section 457(a)(2)(B)(i)(I) of the Social Security Act (42 U.S.C. 
657(a)(2)(B)(i)(I)) is amended by striking "Act Reconciliation" and 
inserting "Reconciliation Act". 
(k) Section 457 of the Social Security Act (42 U.S.C. 657) 
is amended by striking "Opportunity Act" each place it appears 
and inserting "Opportunity Reconciliation Act". 
Effective date. 
(1) Effective on the date of the enactment of this Act, section 
404(e) of the Social Security Act (42 U.S.C. 604(e)) is amended 
PUBLIC LAW 106-169—DEC. 14, 1999 
113 STAT. 1859 
by inserting "or tribe" after "State" the first and second places 
it appears, and by inserting "or tribal" after "State" the third 
place it appears. 
(m) Section 466(a)(7)(A) of the Social Security Act (42 U.S.C. 
666(a)(7)(A)) is amended by striking "1681a(f))" and inserting 
"1681a(f)))". 
(n) Section 466(b)(6)(A) of the Social Security Act (42 U.S.C. 
666(b)(6)(A)) is amended by striking "state" and inserting "State". 
(o) Section 471(a)(8) of the Social Security Act (42 U.S.C. 
671(a)(8)) is amended by striking "(including activities imder 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) Except as provided in subsection (1), the amendments made 42 USC 602 note. 
by this section shall take effect as if included in the enactment 
of the Personal Responsibility and Work Opportunity Reconciliation 
Act of 1996 (Public Law 104-193; 110 Stat. 2105). 
Approved December 14, 1999. 
LEGISLATIVE HISTORY—H.R. 3443: 
CONGRESSIONAL RECORD, Vol. 145 (1999): 
Nov. 18, considered and passed House. 
Nov. 19, considered and passed Senate. 
WEEKLY COMPILATION OF PRESIDENTIAL DOCUMENTS, Vol. 35 (1999): 
Nov. 14, Presidential remarks.