Sec. 4. Use of determinations made by the Commissioner of Social Security
408 words·~2 min read·
/bill/118/hr/1258/ih/section-4·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 205(j) of the Social Security Act ( 42 U.S.C. 405(j) ) is amended by adding at the end the following: No determination by the Commissioner of Social Security with respect to an individual, including a determination that benefits under this title to which such individual is entitled shall be paid to a representative payee, shall be considered to be a determination that the individual has been adjudicated mentally incompetent for purposes of subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code. .
Section 1631(a)(2) of such Act ( 42 U.S.C. 1383(a)(2) ) is amended by adding at the end the following: No determination by the Commissioner of Social Security with respect to an individual, including a determination that benefits under this title to which such individual is entitled shall be paid to a representative payee, shall be considered to be a determination that the individual has been adjudicated mentally incompetent for purposes of subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code. .
Not later than January 1 of each year, the Attorney General shall— review the record of each person who is considered to have been adjudicated mentally incompetent or committed to a psychiatric hospital under subsection (d)(4) or (g)(4) of section 922 of title 18, United States Code, as a result of a determination by the Commissioner of Social Security Administration; identify each such record that does not include documentation indicating that the proceedings for the adjudication or commitment were conducted in accordance with, and resulted in an order or finding described in, section 921(a)(38) of title 18, United States Code, as added by this Act; and submit to the Secretary of the Treasury and Congress a report providing the number of records identified under subparagraph (B).
Effective on the date on which the Attorney General submits a report under paragraph (1)(C), there is rescinded from the unobligated balances in the Federal Old-Age and Survivors Insurance Trust Fund, the Federal Disability Insurance Trust Fund, the Federal Hospital Insurance Trust Fund, and the Federal Supplementary Medical Insurance Trust Fund, on a pro rata basis, the amount equal to the product of— the number of records that the report states were identified by the Attorney General under paragraph (1)(B); and $10,000.
Amounts rescinded under subparagraph
(A)shall be deemed to have been expended for costs described in section 201(g)(1) of the Social Security Act ( 42 U.S.C. 401(g)(1) ).
Connectionstraces to 3
Traces to 3 documents
Citation graph
cites case law
Sec. 4
Use of determinations made by the Commissioner of Social Security
Cites 3Cited by 0 across 0 sources