Page:United States Statutes at Large Volume 104 Part 2.djvu/664

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104 STAT. 1388-256 PUBLIC LAW 101-508 —NOV. 5, 1990 "(ii) adequate evidence that such certification is in the interest of such individual (as determined by the Secretary in regulations). "(B)(i) As part of the investigation referred to in subparagraph (A)(i), the Secretary shall— "(I) require the person being investigated to submit documented proof of the identity of such person, unless information establishing such identity has been submitted with an application for benefits under this title or title XVI, "(II) verify such person's social security account number (or employer identification number), "(III) determine whether such person has been convicted of a violation of section 208 or 1632, and "(IV) determine whether certification of payment of benefits to such person has been revoked pursuant to this subsection or payment of benefits to such person has been terminated pursuant to section 1631(a)(2)(A)(iii) by reason of misuse of funds paid as benefits under this title or title XVI. "(ii) The Secretary shall establish and maintain a centralized file, which shall be updated periodically and which shall be in a form which renders it readily retrievable by each servicing office of the Social Security Administration. Such file shall consist of— "(I) a list of the names and social security account numbers (or employer identification numbers) of all persons with respect to whom certification of payment of benefits has been revoked on or after January 1, 1991, pursuant to this subsection, or with respect to whom payment of benefits has been terminated on or after such date pursuant to section 1631(a)(2)(A)(iii), by reason of misuse of funds paid as benefits under this title or title XVI, and "(II) a list of the names and social security account numbers (or employer identification numbers) of all persons who have been convicted of a violation of section 208 or 1632. "(C)(i) Benefits of an individual may not be certified for payment to any other person pursuant to this subsection if— "(I) such person has previously been convicted as described in subparagraph (B)(i)(III), "(II) except as provided in clause (ii), certification of payment of benefits to such person under this subsection has previously been revoked as described in subparagraph (B)(i)(IV), or pay- ment of benefits to such person pursuant to section 1631(a)(2)(A)(ii) has previously been terminated as described in section 1631(a)(2)(B)(ii)(IV), or "(III) except as provided in clause (iii), such person is a creditor of such individual who provides such individual with goods or services for consideration. "(ii) The Secretary shall prescribe regulations under which the Secretary may grant exemptions to any person from the provisions of clause (i)(II) on a case-by-case basis if such exemption is in the best interest of the individual whose benefits would be paid to such person pursuant to this subsection. "(iii) Clause (i)(III) shall not apply with respect to any person who is a creditor referred to therein if such creditor is— "(I) a relative of such individual if such relative resides in the same household as such individual, "(II) a legal guardian or legal representative of such individual.