[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3443 Enrolled Bill (ENR)]
H.R.3443
One Hundred Sixth Congress
of the
United States of America
AT THE FIRST SESSION
Begun and held at the City of Washington on Wednesday,
the sixth day of January, one thousand nine hundred and ninety-nine
An Act
To amend part E of title IV of the Social Security Act to provide States
with more funding and greater flexibility in carrying out programs
designed to help children make the transition from foster care to self-
sufficiency, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,

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

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Subtitle A--Improved Independent Living Program

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Subtitle B--Related Foster Care Provision

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TITLE I

-IMPROVED INDEPENDENT LIVING PROGRAM

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children in State care.
Subtitle C--Medicaid Amendments

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foster care.
Subtitle D--Adoption Incentive Payments

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Subtitle A--Fraud Prevention and Related Provisions

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TITLE II

-SSI FRAUD PREVENTION

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convicted of violations from participation in social security
programs.

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Subtitle B--Benefits For Certain World War II Veterans

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TITLE III

-CHILD SUPPORT

Personal Responsibility and Work Opportunity Reconciliation
Act of 1996.
Subtitle A--Improved Independent Living Program

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TITLE IV

-TECHNICAL CORRECTIONS

(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 employment, 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 programs.
These Independent Living programs are not an alternative to
adoption for these children. Enrollment in Independent 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, and delinquent 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 support
for young adults leaving foster care, with participation in such
program beginning several years before high school 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 exploration,
vocational training, job placement and retention, training in daily
living skills, training in budgeting and financial 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
until 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, employment,
education, and other appropriate support and services to former
foster care recipients between 18 and 21 years of age to complement
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 certifications
required by paragraph (3) with respect to the plan.
``(2) State plan.--A plan meets the requirements of this
paragraph if the plan specifies which State agency or agencies will
administer, supervise, or oversee the programs carried out under
the plan, and describes how the State intends to do the following:
``(A) Design and deliver programs to achieve the purposes
of this section.
``(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.
``(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 confronting 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 allotment made
to the State under subsection (c) with other Federal and State
programs for youth (especially transitional 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 programs with such tribes;
and that benefits and services under the programs will be made
available to Indian children in the State on the same basis as
to other children in the State.
``(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 prepare 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
under 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 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 from its
allotment under subsection (c) may use the amount in any manner
that is reasonably calculated to accomplish the purposes of this
section.
``(2) No supplantation of other funds available for same
general purposes.--The amounts paid to a State from its allotment
under subsection (c) shall be used to supplement and not supplant
any other funds which are available for the same general purposes
in the State.
``(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 application approved under subsection (b),
the Secretary shall assess a penalty against the State in an amount
equal to not less than 1 percent and not more than 5 percent of the
amount of the allotment.
``(2) Failure to comply with data reporting requirement.--The
Secretary shall assess a penalty against a State that fails during
a fiscal year to comply with an information collection plan
implemented under subsection (f) in an amount equal to not less
than 1 percent and not more than 5 percent of the amount allotted
to the State for the fiscal year.
``(3) Penalties based on degree of noncompliance.--The
Secretary shall assess penalties under this subsection based on the
degree of noncompliance.
``(f) Data Collection and Performance Measurement.--
``(1) In general.--The Secretary, in consultation with State
and local public officials responsible for administering
independent living and other child welfare programs, child welfare
advocates, Members of Congress, youth service providers, and
researchers, shall--
``(A) develop outcome measures (including measures of
educational attainment, high school diploma, employment,
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
``(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.
``(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 Secretary
deems to be innovative or of potential national significance. The
evaluation of any such program shall include information on the
effects of the program on education, employment, and personal
development. To the maximum extent practicable, the evaluations
shall be based on rigorous scientific standards including random
assignment to treatment and control groups. The Secretary is
encouraged to work directly with State and local governments to
design methods for conducting the evaluations, directly or by
grant, contract, or cooperative agreement.
``(2) Funding of evaluations.--The Secretary shall reserve 1.5
percent of the amount specified in subsection (h) for a fiscal year
to carry out, during the fiscal year, evaluation, technical
assistance, performance measurement, and data collection activities
related to this section, directly or through grants, contracts, or
cooperative agreements with appropriate entities.
``(h) Limitations on Authorization of Appropriations.--To carry out
this section 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 of--
``(A) 80 percent of the amount (if any) by which--
``(i) the total amount expended by the State during the
fiscal year in which the quarter occurs to carry out
programs in accordance with the State application approved
under section 477(b) for the period in which the quarter
occurs (including any amendment that meets the requirements
of section 477(b)(5)); exceeds
``(ii) the total amount of any penalties assessed
against the State under section 477(e) during the fiscal
year in which the quarter occurs; or
``(B) the amount allotted to the State under section 477
for the fiscal year in which the quarter occurs, reduced by the
total of the amounts payable to the State under this paragraph
for all prior quarters in the fiscal year.''.
(d) Regulations.--Not later than 12 months after the date of the
enactment of this Act, the Secretary of Health and Human Services shall
issue such regulations as may be necessary to carry out the amendments
made by this section.
(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

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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)).''.

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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
prospective foster parents, the prospective foster parents will be
prepared 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 (a) shall
take effect on October 1, 1999.
Subtitle C--Medicaid Amendments

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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 adolescents
(as defined in section 1905(v)(1)), 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:
``(v)(1) For purposes of this title, the term `independent foster
care adolescent' means an individual--
``(A) who is under 21 years of age;
``(B) 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)(1)'' and
inserting ``section 1905(w)(1)''; 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

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(a) Supplemental Grants.--Section 473A of the Social Security 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--
``(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)(1) of the Social Security Act (42 U.S.C. 673b(h)(1)) 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.''.
Subtitle A--Fraud Prevention and Related Provisions

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

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

de4f3f0b6acd7c28e400ca08b3a6447757178fa52c43cae76785b932a2d96eed

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

dfde3edd55ecc73cee69276b2d3877c8157b7c8e121a9a64a7972eed0d55d458

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

abb72130ff4cb1c9cfacbfd75c15cbc21563a736e466bf86aaa0ccb65c551827

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

ea2d7e1453be1f85f35e7e9d1dc82c6aba563602b3cc79618c8a347c5468b458

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

61ef3450c507e1ce4d365375a2561b4b3b3744618f01e0c4b2de6ca69f5efb44

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

915b557a8a77976ba8409946687bfc46933a41cf40f8d8ff68828166d6d218bf

CONVICTED OF VIOLATIONS FROM PARTICIPATION 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 security programs
``Sec. 1136. (a) In General.--The Commissioner of Social Security
shall exclude from participation in the social security programs any
representative or health care provider--
``(1) who is convicted of a violation of section 208 or 1632 of
this Act;
``(2) who is convicted of any violation under title 18, United
States Code, relating to an initial application for or continuing
entitlement to, or amount of, benefits under title II of this Act,
or an initial application for or continuing eligibility for, or
amount of, benefits under title XVI of this Act; or
``(3) who the Commissioner determines has committed an offense
described in section 1129(a)(1) of this Act.
``(b) Notice, Effective Date, and Period of Exclusion.--(1) An
exclusion under this section shall be effective at such time, for such
period, and upon such reasonable notice to the public and to the
individual excluded as may be specified in regulations consistent with
paragraph (2).
``(2) Such an exclusion shall be effective with respect to services
furnished to any individual on or after the effective date of the
exclusion. Nothing in this section may be construed to preclude, in
determining disability under title II or title XVI, consideration of
any medical evidence derived from services provided by a health care
provider before the effective date of the exclusion of the health care
provider under this section.
``(3)(A) The Commissioner shall specify, in the notice of exclusion
under paragraph (1), the period of the exclusion.
``(B) Subject to subparagraph (C), in the case of an exclusion
under subsection (a), the minimum period of exclusion shall be 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 subsection
(a) based on a conviction or a determination described in subsection
(a)(3) occurring on or after the date of the enactment of this section,
if the individual has (before, on, or after such date of the enactment)
been convicted, or if such a determination has been made with respect
to the individual--
``(i) on one previous occasion of one or more offenses for
which an exclusion may be effected under such subsection, the
period of the exclusion shall be not less than 10 years; or
``(ii) on 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 Commissioner shall--
``(1) promptly notify the appropriate State or local agency or
authority having responsibility for the licensing or certification
of an individual excluded from participation under this section of
the fact and circumstances of the exclusion;
``(2) request that appropriate investigations be made and
sanctions invoked in accordance with applicable State law and
policy; and
``(3) request that the State or local agency or authority keep
the Commissioner and the Inspector General of the Social Security
Administration fully and currently informed with respect to any
actions taken in response to the request.
``(e) Notice, Hearing, and Judicial Review.--(1) Any individual who
is excluded (or directed to be excluded) from participation under this
section is entitled to reasonable notice and opportunity for a hearing
thereon by the Commissioner to the same extent as is provided in
section 205(b), and to judicial review of the Commissioner's final
decision after such hearing as is provided in section 205(g).
``(2) The provisions of section 205(h) shall apply with respect to
this section to the same extent as it is applicable with respect to
title II.
``(f) Application for Termination of Exclusion.--(1) An individual
excluded from participation under this section may apply to the
Commissioner, in the manner specified by the Commissioner in
regulations and at the end of the minimum period of exclusion provided
under subsection (b)(3) and at such other times as the Commissioner may
provide, for termination of the exclusion effected under this section.
``(2) The Commissioner may terminate the exclusion if the
Commissioner determines, on the basis of the conduct of the applicant
which occurred after the date of the notice of exclusion or which was
unknown to the Commissioner at the time of the exclusion, that--
``(A) there is no basis under subsection (a) for a continuation
of the exclusion; and
``(B) there are reasonable assurances that the types of actions
which formed the basis for the original exclusion have not recurred
and will not recur.
``(3) The Commissioner shall promptly notify each State agency
employed for the purpose of making disability determinations under
section 221 or 1633(a) of the fact and circumstances of each
termination of exclusion made under this subsection.
``(g) Availability of Records of Excluded Representatives and
health care providers.--Nothing in this section shall be construed to
have the effect of limiting access by any applicant or beneficiary
under title II or XVI, any State agency acting under section 221 or
1633(a), or the Commissioner to records maintained by any
representative or health care provider in connection with services
provided to the applicant or beneficiary prior to the exclusion of such
representative or health care provider under this section.
``(h) Reporting Requirement.--Any representative or health care
provider participating in, or seeking to participate in, a social
security program shall inform the Commissioner, in such form and manner
as the Commissioner shall prescribe by regulation, whether such
representative or health care provider has been convicted of a
violation described in subsection (a).
``(i) Delegation of Authority.--The Commissioner may delegate
authority granted by this section to the Inspector General.
``(j) Definitions.--For purposes of this section:
``(1) Exclude.--The term `exclude' from participation means--
``(A) in connection with a representative, to prohibit from
engaging in representation of an applicant for, or recipient
of, benefits, as a representative payee under section 205(j) or
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
prohibit from providing items or services to an applicant for,
or recipient of, benefits for the purpose of assisting such
applicant or recipient in demonstrating disability.
``(2) Social security program.--The term `social security
programs' means the program providing for monthly insurance
benefits under title II, and the program providing for monthly
supplemental security income benefits to individuals under title
XVI (including State supplementary payments made by the
Commissioner pursuant to an agreement under section 1616(a) of this
Act or section 212(b) of Public Law 93-66).
``(3) Convicted.--An individual is considered to have been
`convicted' of a violation--
``(A) when a judgment of conviction has been entered
against the individual by a Federal, State, or local court,
except if the judgment of conviction has been set aside or
expunged;
``(B) when there has been a finding of guilt against the
individual by a Federal, State, or local court;
``(C) when a plea of guilty or nolo contendere by the
individual has been accepted by a Federal, State, or local
court; or
``(D) when the individual has entered into participation in
a first offender, deferred adjudication, or other arrangement
or program where judgment of conviction has been withheld.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to convictions of violations described in paragraphs (1)
and (2) of section 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.

31845f2bf0ce5b2c5656d94125cff9c7e984afacac7c5d479d073d95b92b7f27

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

dc264d0055e8ca4e36d4f061dd7e2d63fda8b8035f6a9ff9e3442eb57ef383a3

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

2616bbea6f7cbd73c9cf1f10cfbde7a6527274b1d5833f8e5e61f13b2d2fa49f

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

1f027ba4983eda7b6a312d6d10c7cf9f6d55e981a93e3184bb4afd0160e10c48

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

23630d6d2de9d4c5c112a482670f48d3779cfe6396c7fc6bdfa5ba0fc19465a6

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

4bdf223f33253ba90eaf882b594d69c210b973dad5925ba7c05c635660f5ab83

42e86e3c0f4e1a6eee8d45a4568f51c79dda9b5b37c48a765f405d919927ec58

(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 are denied supplemental security income benefits under title
XVI of the Social Security Act, including whether the deeming process
unduly burdens and discriminates against family farmers who do not
institutionalize a disabled dependent, and shall determine the number
of such farmers who have been denied such benefits during each of the
preceding 10 years.
(b) Report to the Congress.--Within 1 year after the date 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).

2900a046ca63f45cab16aeb3bd7c9744fa4c621bf6c4c205a66933393f1a1cec

DISTRIBUTION OF COLLECTED CHILD SUPPORT.
(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 (determined 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 share
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) 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.

abb984ab53ba4cc1899523a574ba96b9307206a8f8bbc612f85b14320b295ee8

PERSONAL RESPONSIBILITY AND WORK OPPORTUNITY
RECONCILIATION ACT OF 1996.
(a) Section 402(a)(1)(B)(iv) of the Social Security Act (42 U.S.C.
602(a)(1)(B)(iv)) is amended by striking ``Act'' and inserting
``section''.
(b) Section 409(a)(7)(B)(i)(II) of the Social Security Act (42
U.S.C. 609(a)(7)(B)(i)(II)) is amended by striking ``part'' and
inserting ``section''.
(c) Section 413(g)(1) of the Social Security Act (42 U.S.C.
613(g)(1)) is amended by striking ``Act'' and inserting ``section''.
(d) Section 416 of the Social Security Act (42 U.S.C. 616) is
amended by striking ``Opportunity Act'' and inserting ``Opportunity
Reconciliation Act'' each place such term appears.
(e) Section 431(a)(6) of the Social Security Act (42 U.S.C.
629a(a)(6))) is amended--
(1) by inserting ``, as in effect before August 22, 1986''
after ``482(i)(5)''; and
(2) by inserting ``, as so in effect'' after ``482(i)(7)(A)''.
(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
(6)(E)(i) and (19)(B)(i) and inserting ``; or'';
(2) in paragraph (9), by striking the comma at the end of each
of subparagraphs (A), (B), 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'' and inserting
``Opportunity Reconciliation Act''.
(i) Section 344(b)(1)(A) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (Public Law 104-193; 110 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 attributable to the
planning, design, development, installation or enhancement of
an automatic data processing and information retrieval system
(including in such sums the full cost of the hardware
components of such system); and'; and''.
(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''.
(l) 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 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 under part
F)''.
(p) Section 1137(a)(3) of the Social Security Act (42 U.S.C. 1320b-
7(a)(3)) is amended by striking ``453A(a)(2)(B)(iii))'' and inserting
``453A(a)(2)(B)(ii)))''.
(q) Except as provided in subsection (l), the amendments made by
this section shall take effect as if included in the enactment of the
Personal Responsibility and Work Opportunity Reconciliation Act of 1996
(Public Law 104-193; 110 Stat. 2105).
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.

8f7a1b705b72e8eaad110660f0ce7eb2af529e4c11781e262fb10d428fc85d5f

Foster Care Independence Act of 1999

Other Sections

TITLE I

TITLE II

TITLE III

TITLE IV

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