123STA T .45 3 PUBLIC LA W 111 – 5 —FE B.1 7, 2 0 0 9madeun de rs u b se ctio n ( a ) asi f suc hp a y ment w as a benefit payment or cash benefit to such indi v idua l under the applicable pro g ram described in subparagraph ( B )or( C ) of subsection (a)( 1 ) . ( 4 ) PAYMENTS S UBJ E C TT O O F FSET. —N otwithstanding para - graph ( 3 ) , for purposes of section 3 7 1 6 of title 31, U nited S tates Code, any payment made under this section shall not be considered a benefit payment or cash benefit made under the applicable program described in subparagraph (B) or (C) of subsection (a)(1) and all amounts paid shall be sub j ect to offset to collect delin q uent debts. (d) PAYMENT TO R E PR ESENTAT IV E PAYEES AN DF IDUCIARIES.— (1) I N G ENERA L .—In any case in which an individual who is entitled to a payment under subsection (a) and whose benefit payment or cash benefit described in paragraph (1) of that subsection is paid to a representative payee or fiduciary, the payment under subsection (a) shall be made to the individual ’ s representative payee or fiduciary and the entire payment shall be used only for the benefit of the individual who is entitled to the payment. ( 2 ) A PPLICABILITY.— (A) PAYMENT ON T H E BASIS OF A TITLE II OR SSI BEN- EFIT.—Section 112 9 (a)(3) of the Social Security Act (42 U.S.C. 132 0 a –8 (a)(3)) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(i) or (1)(C) of subsection (a) in the same manner as such section applies to a payment under title II or XV I of such Act. (B) PAYMENT ON THE BASIS OF A RAILROAD RETIREMENT BENEFIT.—Section 13 of the Railroad Retirement Act (4 5 U.S.C. 231l) shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(ii) of subsection (a) in the same manner as such section applies to a payment under such Act. (C) PAYMENT ON THE BASIS OF A VETERANS BENEFIT.— Sections 5502, 6106, and 6108 of title 38, United States Code, shall apply to any payment made on the basis of an entitlement to a benefit specified in paragraph (1)(B)(iii) of subsection (a) in the same manner as those sections apply to a payment under that title. (e) APPROPRIATION.— O ut of any sums in the T reasury of the United States not otherwise appropriated, the following sums are appropriated for the period of fiscal years 2009 through 2011, to remain available until e x pended, to carry out this section
(1) For the Secretary of the Treasury, $ 131,000,000 for administrative costs incurred in carrying out this section, sec- tion 2202, section 36A of the Internal Revenue Code of 1986 (as added by this Act), and other provisions of this Act or the amendments made by this Act relating to the Internal Revenue Code of 1986. (2) For the Commissioner of Social Security— (A) such sums as may be necessary for payments to individuals certified by the Commissioner of Social Security as entitled to receive a payment under this section
and (B) $90,000,000 for the Social Security Administration’s L imitation on Administrative E xpenses for costs incurred in carrying out this section.
