123STA T .5 1 PUBLIC LA W 111 – 3 —FE B. 4, 2 0 0 9andsoci a l s e c ur i ty nu mb er , o f eac h indi v idual ne w ly enrolled in the S tate p lan under this title that month who is not described in section 1903(x) ( 2 ) and who declares to be a U nited States citi z en or national, with information in records maintained by the C ommis - sioner .‘ ‘( B ) I n establishin g the State program under this paragraph, the State may enter into an agreement with the Commissioner of Social Security — ‘‘(i) to provide, through an on-line system or otherwise, for the electronic submission of, and response to, the informa- tion submitted under subparagraph ( A ) for an individual enrolled in the State plan under this title who declares to be citizen or national on at least a monthly basis
or ‘‘(ii) to provide for a determination of the consistency of the information submitted with the information maintained in the records of the Commissioner through such other method as agreed to by the State and the Commissioner and approved by the Secretary, provided that such method is no more burden- some for individuals to comply with than any burdens that may apply under a method described in clause (i). ‘‘(C) T he program established under this paragraph shall pro- vide that, in the case of any individual who is re q uired to submit a social security number to the State under subparagraph (A) and who is unable to provide the State with such number, shall be provided with at least the reasonable opportunity to present satisfactory documentary evidence of citizenship or nationality (as defined in section 1903(x)(3)) as is provided under clauses (i) and (ii) of section 113 7 (d)( 4 )(A) to an individual for the submittal to the State of evidence indicating a satisfactory immigration status. ‘‘(3)(A) The State agency implementing the plan approved under this title shall, at such times and in such form as the Secretary may specify, provide information on the percentage each month that the inconsistent submissions bears to the total submissions made for comparison for such month. F or purposes of this subpara- graph, a name, social security number, or declaration of citizenship or nationality of an individual shall be treated as inconsistent and included in the determination of such percentage only if— ‘‘(i) the information submitted by the individual is not consistent with information in records maintained by the Commissioner of Social Security; ‘‘(ii) the inconsistency is not resolved by the State; ‘‘(iii) the individual was provided with a reasonable period of time to resolve the inconsistency with the Commissioner of Social Security or provide satisfactory documentation of citi- zenship status and did not successfully resolve such inconsist- ency; and ‘‘(iv) payment has been made for an item or service fur- nished to the individual under this title. ‘‘(B) If, for any fiscal year, the average monthly percentage determined under subparagraph (A) is greater than 3 percent— ‘‘(i) the State shall develop and adopt a corrective plan to review its procedures for verifying the identities of individ- uals see k ing to enroll in the State plan under this title and to identify and implement changes in such procedures to improve their accuracy; and ‘‘(ii) pay to the Secretary an amount equal to the amount which bears the same ratio to the total payments under the Plans. P rocedu res.
