CAPÍTULO IV: ANÁLISIS DE RESULTADOS
4.1 EVALUACIÓN DE LA CAPACIDAD ESTRUCTURAL
(a) INGENERAL.—Title XI of the Social Security Act
15
(42 U.S.C. 1301, et seq.) is amended by inserting after
16
section 1183 the following: ‘‘
17
‘‘INFORMATION EXCHANGE WITH PAYROLL DATA
18
PROVIDERS
19
‘‘SEC. 1184. (a) IN GENERAL.—The Commissioner
20
of Social Security may enter into an information exchange
21
with a payroll data provider for purposes of—
22
‘‘(1) efficiently administering—
23
‘‘(A) monthly insurance benefits under
24
subsections (d)(1)(B)(ii), (d)(6)(A)(ii),
tion 202 and subsection (a)(1) of section 223;
1
and
2
‘‘(B) supplemental security income benefits
3
under title XVI; and
4
‘‘(2) preventing improper payments of such
5
benefits without the need for verification by inde-
6
pendent or collateral sources.
7
‘‘(b) NOTIFICATION REQUIREMENTS.—Before enter-
8
ing into an information exchange pursuant to subsection
9
(a), the Commissioner shall publish in the Federal Reg-
10
ister a notice describing the information exchange and the
11
extent to which the information received through such ex-
12
change is—
13
‘‘(1) relevant and necessary to—
14
‘‘(A) accurately determine entitlement to,
15
and the amount of, benefits described under
16
subparagraph (A) of subsection (a)(1);
17
‘‘(B) accurately determine eligibility for,
18
and the amount of, benefits described in sub-
19
paragraph (B) of such subsection; and
20
‘‘(C) prevent improper payment of such
21
benefits; and
22
‘‘(2) sufficiently accurate, up-to-date, and com-
23
plete.
24
‘‘(c) DEFINITIONS.—For purposes of this section:
‘‘(1) PAYROLL DATA PROVIDER.—The term
1
‘payroll data provider’ means payroll providers, wage
2
verification companies, and other commercial or non-
3
commercial entities that collect and maintain data
4
regarding employment and wages, without regard to
5
whether the entity provides such data for a fee or
6
without cost.
7
‘‘(2) INFORMATION EXCHANGE.—The term ‘in-
8
formation exchange’ means the automated compari-
9
son of a system of records maintained by the com-
10
missioner of Social Security with records maintained
11
by a payroll data provider.’’.
12
(b) AUTHORIZATION TO ACCESS INFORMATION HELD
13
BY PAYROLL DATA PROVIDERS.—
14
(1) AMENDMENT TO TITLE II.—Section 225 of
15
the Social Security Act (42 U.S.C. 425) is amended
16
by adding at the end the following:
17
‘‘(c) ACCESS TO INFORMATION HELD BY PAYROLL
18
DATA PROVIDERS.—(1) The Commissioner of Social Se-
19
curity may require each individual who applies for or is
20
entitled to monthly insurance benefits under subsections
21
(d)(1)(B)(ii), (d)(6)(A)(ii), (d)(6)(B), (e)(1)(B)(ii), and
22
(f)(1)(B)(ii) of section 202 and subsection (a)(1) of sec-
23
tion 223 to provide authorization by the individual for the
24
Commissioner to obtain from any payroll data provider (as
defined in section 1184(c)(1)) any record held by the pay-
1
roll data provider with respect to the individual whenever
2
the Commissioner determines the record is needed in con-
3
nection with a determination of initial or ongoing entitle-
4
ment to such benefits.
5
‘‘(2) An authorization provided by an individual
6
under this subsection shall remain effective until the ear-
7
liest of—
8
‘‘(A) the rendering of a final adverse decision
9
on the individual’s application or entitlement to ben-
10
efits under this title;
11
‘‘(B) the termination of the individual’s entitle-
12
ment to benefits under this title; or
13
‘‘(C) the express revocation by the individual of
14
the authorization, in a written notification to the
15
Commissioner.
16
‘‘(3) The Commissioner of Social Security is not re-
17
quired to furnish any authorization obtained pursuant to
18
this subsection to the payroll data provider.
19
‘‘(4) The Commissioner shall inform any person who
20
provides authorization pursuant to this clause of the dura-
21
tion and scope of the authorization.
22
‘‘(5) If an individual who applies for or is entitled
23
to benefits under this title refuses to provide, or revokes,
24
any authorization under this subsection, subsection (d)
shall not apply to such individual beginning with the first
1
day of the first month in which he or she refuses or re-
2
vokes such authorization.’’.
3
(2) TITLE XVI.—Section 1631(e)(1)(B) of the
4
Social Security Act (42 U.S.C. 1383(e)(1)(B)) is
5
amended by adding at the end the following:
6
‘‘(iii)(I) The Commissioner of Social Security may re-
7
quire each applicant for, or recipient of, benefits under
8
this title to provide authorization by the applicant, recipi-
9
ent or legal guardian (or by any other person whose in-
10
come or resources are material to the determination of the
11
eligibility of the applicant or recipient for such benefits)
12
for the Commissioner to obtain from any payroll data pro-
13
vider (as defined in section 1184(c)(1)) any record held
14
by the payroll data provider with respect to the applicant
15
or recipient (or any such other person) whenever the Com-
16
missioner determines the record is needed in connection
17
with a determination of initial or ongoing eligibility or the
18
amount of such benefits.
19
‘‘(II) An authorization provided by an applicant, re-
20
cipient or legal guardian (or any other person whose in-
21
come or resources are material to the determination of the
22
eligibility of the applicant or recipient) under this clause
23
shall remain effective until the earliest of—
‘‘(aa) the rendering of a final adverse decision
1
on the applicant’s application for eligibility for bene-
2
fits under this title;
3
‘‘(bb) the cessation of the recipient’s eligibility
4
for benefits under this title;
5
‘‘(cc) the express revocation by the applicant, or
6
recipient (or such other person referred to in sub-
7
clause (I)) of the authorization, in a written notifica-
8
tion to the Commissioner; or
9
‘‘(dd) the termination of the basis upon which
10
the Commissioner considers another person’s income
11
and resources available to the applicant or recipient.
12
‘‘(III) The Commissioner of Social Security is not re-
13
quired to furnish any authorization obtained pursuant to
14
this clause to the payroll data provider.
15
‘‘(IV) The Commissioner shall inform any person who
16
provides authorization pursuant to this clause of the dura-
17
tion and scope of the authorization.
18
‘‘(V) If an applicant for, or recipient of, benefits
19
under this title (or any such other person referred to in
20
subclause (I)) refuses to provide, or revokes, any author-
21
ization required by subclause (I), paragraph (2)(B) and
22
paragraph (10) shall not apply to such applicant or recipi-
23
ent beginning with the first day of the first month in
24
which he or she refuses or revokes such authorization.’’.
(c) REPORTING RESPONSIBILITIES FOR BENE-
1
FICIARIES SUBJECT TO INFORMATION EXCHANGE WITH
2
PAYROLL DATA PROVIDER.—
3
(1) AMENDMENT TO TITLE II.—Section 225 of
4
the Social Security (42 U.S.C. 425), as amended by
5
subsection (b)(1), is further amended by adding at
6
the end the following:
7
‘‘(d) An individual who has authorized the Commis-
8
sioner of Social Security to obtain records from a payroll
9
data provider under subsection (c) shall not be subject to
10
a penalty under section 1129A for any omission or error
11
with respect to such individual’s wages as reported by the
12
payroll data provider.’’.
13
(2) AMENDMENT TO TITLE XVI.—Section
14
1631(e) of the Social Security Act (42 U.S.C.
15
1383(e)) is amended—
16
(A) in paragraph (2)—
17
(i) by striking ‘‘In the case of the fail-
18
ure’’ and inserting ‘‘(A) In the case of the
19
failure’’;
20
(ii) by redesignating subparagraphs
21
(A) through (C) as clauses (i) through
22
(iii), respectively; and
23
(iii) by adding at the end the fol-
24
lowing:
‘‘(B) For purposes of subparagraph (A), the Commis-
1
sioner of Social Security shall find that good cause exists
2
for the failure of, or delay by, an individual in submitting
3
a report of an event or change in circumstances relevant
4
to eligibility for or amount of benefits under this title in
5
any case where—
6
‘‘(i) the individual (or another person referred
7
to in paragraph (1)(B)(iii)(I)) has provided author-
8
ization to the Commissioner to access payroll data
9
records related to the individual; and
10
‘‘(ii) the event or change in circumstance is a
11
change in the individual’s employer.’’; and
12
(B) by adding at the end the following:
13
‘‘(10) An individual who has authorized the Commis-
14
sioner of Social Security to obtain records from a payroll
15
data provider under paragraph (1)(B)(iii) (or on whose
16
behalf another person described in subclause (I) of such
17
paragraph has provided such authorization) shall not be
18
subject to a penalty under section 1129A for any omission
19
or error with respect to such individual’s wages as re-
20
ported by the payroll data provider.’’.
21
(d) REGULATIONS.—Not later than 1 year after the
22
date of the enactment of this Act, the Commissioner of
23
Social Security shall prescribe by regulation procedures
for implementing the Commissioner’s access to and use
1
of information held by payroll providers, including—
2
(1) guidelines for establishing and maintaining
3
information exchanges with payroll providers, pursu-
4
ant to section 1184 of the Social Security Act;
5
(2) beneficiary authorizations;
6
(3) reduced wage reporting responsibilities for
7
individuals who authorize the Commissioner to ac-
8
cess information held by payroll data providers
9
through an information exchange; and
10
(4) procedures for notifying individuals in writ-
11
ing when they become subject to such reduced wage
12
reporting requirements and when such reduced wage
13
reporting requirements no longer apply to them.
14
(e) EFFECTIVE DATE.—The amendments made by
15
this section shall take effect on the date that is 1 year
16
after the date of the enactment of this Act.
17
SEC. 825. TREATMENT OF EARNINGS DERIVED FROM SERV-