[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 743 Engrossed in House (EH)]
1st Session
H. R. 743
_______________________________________________________________________
AN ACT
To amend the Social Security Act and the Internal Revenue Code of 1986
to provide additional safeguards for Social Security and Supplemental
Security Income beneficiaries with representative payees, to enhance
program protections, and for other purposes.
108th CONGRESS
1st Session
H. R. 743
_______________________________________________________________________
AN ACT
To amend the Social Security Act and the Internal Revenue Code of 1986
to provide additional safeguards for Social Security and Supplemental
Security Income beneficiaries with representative payees, to enhance
program protections, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social Security
Protection Act of 2003''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title and table of contents.
TITLE I--PROTECTION OF BENEFICIARIES
Subtitle A--Representative Payees
Sec. 101. Authority to reissue benefits misused by organizational
representative payees.
Sec. 102. Oversight of representative payees.
Sec. 103. Disqualification from service as representative payee of
persons convicted of offenses resulting in
imprisonment for more than 1 year or
fleeing prosecution, custody, or
confinement.
Sec. 104. Fee forfeiture in case of benefit misuse by representative
payees.
Sec. 105. Liability of representative payees for misused benefits.
Sec. 106. Authority to redirect delivery of benefit payments when a
representative payee fails to provide
required accounting.
Subtitle B--Enforcement
Sec. 111. Civil monetary penalty authority with respect to wrongful
conversions by representative payees.
TITLE II--PROGRAM PROTECTIONS
Sec. 201. Civil monetary penalty authority with respect to knowing
withholding of material facts.
Sec. 202. Issuance by Commissioner of Social Security of receipts to
acknowledge submission of reports of
changes in work or earnings status of
disabled beneficiaries.
Sec. 203. Denial of title II benefits to persons fleeing prosecution,
custody, or confinement, and to persons
violating probation or parole.
Sec. 204. Requirements relating to offers to provide for a fee a
product or service available without charge
from the Social Security Administration.
Sec. 205. Refusal to recognize certain individuals as claimant
representatives.
Sec. 206. Penalty for corrupt or forcible interference with
administration of Social Security Act.
Sec. 207. Use of symbols, emblems, or names in reference to social
security or medicare.
Sec. 208. Disqualification from payment during trial work period upon
conviction of fraudulent concealment of
work activity.
Sec. 209. Authority for judicial orders of restitution.
TITLE III--ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS
Sec. 301. Cap on attorney assessments.
Sec. 302. Extension of attorney fee payment system to title XVI claims.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Subtitle A--Amendments Relating to the Ticket to Work and Work
Incentives Improvement Act of 1999
Sec. 401. Application of demonstration authority sunset date to new
projects.
Sec. 402. Expansion of waiver authority available in connection with
demonstration projects providing for
reductions in disability insurance benefits
based on earnings.
Sec. 403. Funding of demonstration projects provided for reductions in
disability insurance benefits based on
earnings.
Sec. 404. Availability of Federal and State work incentive services to
additional individuals.
Sec. 405. Technical amendment clarifying treatment for certain purposes
of individual work plans under the Ticket
to Work and Self-Sufficiency Program.
Subtitle B--Miscellaneous Amendments
Sec. 411. Elimination of transcript requirement in remand cases fully
favorable to the claimant.
Sec. 412. Nonpayment of benefits upon removal from the United States.
Sec. 413. Reinstatement of certain reporting requirements.
Sec. 414. Clarification of definitions regarding certain survivor
benefits.
Sec. 415. Clarification respecting the FICA and SECA tax exemptions for
an individual whose earnings are subject to
the laws of a totalization agreement
partner.
Sec. 416. Coverage under divided retirement system for public employees
in Kentucky.
Sec. 417. Compensation for the Social Security Advisory Board.
Sec. 418. 60-month period of employment requirement for application of
government pension offset exemption.
Subtitle C--Technical Amendments
Sec. 421. Technical correction relating to responsible agency head.
Sec. 422. Technical correction relating to retirement benefits of
ministers.
Sec. 423. Technical corrections relating to domestic employment.
Sec. 424. Technical corrections of outdated references.
Sec. 425. Technical correction respecting self-employment income in
community property States.
TITLE I--PROTECTION OF BENEFICIARIES
Subtitle A--Representative Payees
SEC. 101. AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZATIONAL
REPRESENTATIVE PAYEES.
(a) Title II Amendments.--
(1) Reissuance of benefits.--Section 205(j)(5) of the
Social Security Act (42 U.S.C. 405(j)(5)) is amended by
inserting after the first sentence the following new sentences:
``In any case in which a representative payee that--
``(A) is not an individual (regardless of whether it is a
`qualified organization' within the meaning of paragraph
(4)(B)); or
``(B) is an individual who, for any month during a period
when misuse occurs, serves 15 or more individuals who are
beneficiaries under this title, title VIII, title XVI, or any
combination of such titles;
misuses all or part of an individual's benefit paid to such
representative payee, the Commissioner of Social Security shall certify
for payment to the beneficiary or the beneficiary's alternative
representative payee an amount equal to the amount of such benefit so
misused. The provisions of this paragraph are subject to the
limitations of paragraph (7)(B).''.
(2) Misuse of benefits defined.--Section 205(j) of such Act
(42 U.S.C. 405(j)) is amended by adding at the end the
following new paragraph:
``(8) For purposes of this subsection, misuse of benefits by a
representative payee occurs in any case in which the representative
payee receives payment under this title for the use and benefit of
another person and converts such payment, or any part thereof, to a use
other than for the use and benefit of such other person. The
Commissioner of Social Security may prescribe by regulation the meaning
of the term `use and benefit' for purposes of this paragraph.''.
(b) Title VIII Amendments.--
(1) Reissuance of benefits.--Section 807(i) of the Social
Security Act (42 U.S.C. 1007(i)) (as amended by section
209(b)(1) of this Act) is amended further by inserting after
the first sentence the following new sentences: ``In any case
in which a representative payee that--
``(A) is not an individual; or
``(B) is an individual who, for any month during a
period when misuse occurs, serves 15 or more
individuals who are beneficiaries under this title,
title II, title XVI, or any combination of such titles;
misuses all or part of an individual's benefit paid to such
representative payee, the Commissioner of Social Security shall
pay to the beneficiary or the beneficiary's alternative
representative payee an amount equal to the amount of such
benefit so misused. The provisions of this paragraph are
subject to the limitations of subsection (l)(2).''.
(2) Misuse of benefits defined.--Section 807 of such Act
(42 U.S.C. 1007) is amended by adding at the end the following
new subsection:
``(j) Misuse of Benefits.--For purposes of this title, misuse of
benefits by a representative payee occurs in any case in which the
representative payee receives payment under this title for the use and
benefit of another person under this title and converts such payment,
or any part thereof, to a use other than for the use and benefit of
such person. The Commissioner of Social Security may prescribe by
regulation the meaning of the term `use and benefit' for purposes of
this subsection.''.
(3) Technical amendment.--Section 807(a) of such Act (42
U.S.C. 1007(a)) is amended, in the first sentence, by striking
``for his or her benefit'' and inserting ``for his or her use
and benefit''.
(c) Title XVI Amendments.--
(1) Reissuance of benefits.--Section 1631(a)(2)(E) of such
Act (42 U.S.C. 1383(a)(2)(E)) is amended by inserting after the
first sentence the following new sentences: ``In any case in
which a representative payee that--
``(i) is not an individual (regardless of whether it is a
`qualified organization' within the meaning of subparagraph
(D)(ii)); or
``(ii) is an individual who, for any month during a period
when misuse occurs, serves 15 or more individuals who are
beneficiaries under this title, title II, title VIII, or any
combination of such titles;
misuses all or part of an individual's benefit paid to the
representative payee, the Commissioner of Social Security shall pay to
the beneficiary or the beneficiary's alternative representative payee
an amount equal to the amount of the benefit so misused. The provisions
of this subparagraph are subject to the limitations of subparagraph
(H)(ii).''.
(2) Exclusion of reissued benefits from resources.--Section
1613(a) of such Act (42 U.S.C. 1382b(a)) is amended--
(A) in paragraph (12), by striking ``and'' at the
end;
(B) in paragraph (13), by striking the period and
inserting ``; and''; and
(C) by inserting after paragraph (13) the following
new paragraph:
``(14) for the 9-month period beginning after the month in
which received, any amount received by such individual (or
spouse) or any other person whose income is deemed to be
included in such individual's (or spouse's) income for purposes
of this title as restitution for benefits under this title,
title II, or title VIII that a representative payee of such
individual (or spouse) or such other person under section
205(j), 807, or 1631(a)(2) has misused.''.
(3) Misuse of benefits defined.--Section 1631(a)(2)(A) of
such Act (42 U.S.C. 1383(a)(2)(A)) is amended by adding at the
end the following new clause:
``(iv) For purposes of this paragraph, misuse of benefits by a
representative payee occurs in any case in which the representative
payee receives payment under this title for the use and benefit of
another person and converts such payment, or any part thereof, to a use
other than for the use and benefit of such other person. The
Commissioner of Social Security may prescribe by regulation the meaning
of the term `use and benefit' for purposes of this clause.''.
(d) Effective Date.--The amendments made by this section shall
apply to any case of benefit misuse by a representative payee with
respect to which the Commissioner makes the determination of misuse on
or after January 1, 1995.
SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES.
(a) Certification of Bonding and Licensing Requirements for
Nongovernmental Organizational Representative Payees.--
(1) Title ii amendments.--Section 205(j) of the Social
Security Act (42 U.S.C. 405(j)) is amended--
(A) in paragraph (2)(C)(v), by striking ``a
community-based nonprofit social service agency
licensed or bonded by the State'' in subclause (I) and
inserting ``a certified community-based nonprofit
social service agency (as defined in paragraph (9))'';
(B) in paragraph (3)(F), by striking ``community-
based nonprofit social service agencies'' and inserting
``certified community-based nonprofit social service
agencies (as defined in paragraph (9))'';
(C) in paragraph (4)(B), by striking ``any
community-based nonprofit social service agency which
is bonded or licensed in each State in which it serves
as a representative payee'' and inserting ``any
certified community-based nonprofit social service agency (as defined
in paragraph (9))''; and
(D) by adding after paragraph (8) (as added by
section 101(a)(2) of this Act) the following new
paragraph:
``(9) For purposes of this subsection, the term `certified
community-based nonprofit social service agency' means a community-
based nonprofit social service agency which is in compliance with
requirements, under regulations which shall be prescribed by the
Commissioner, for annual certification to the Commissioner that it is
bonded in accordance with requirements specified by the Commissioner
and that it is licensed in each State in which it serves as a
representative payee (if licensing is available in such State) in
accordance with requirements specified by the Commissioner. Any such
annual certification shall include a copy of any independent audit on
such agency which may have been performed since the previous
certification.''.
(2) Title xvi amendments.--Section 1631(a)(2) of such Act
(42 U.S.C. 1383(a)(2)) is amended--
(A) in subparagraph (B)(vii), by striking ``a
community-based nonprofit social service agency
licensed or bonded by the State'' in subclause (I) and
inserting ``a certified community-based nonprofit
social service agency (as defined in subparagraph
(I))'';
(B) in subparagraph (D)(ii)--
(i) by striking ``or any community-based''
and all that follows through ``in accordance''
in subclause (II) and inserting ``or any
certified community-based nonprofit social
service agency (as defined in subparagraph
(I)), if the agency, in accordance'';
(ii) by redesignating items (aa) and (bb)
as subclauses (I) and (II), respectively (and
adjusting the margination accordingly); and
(iii) by striking ``subclause (II)(bb)''
and inserting ``subclause (II)''; and
(C) by adding at the end the following new
subparagraph:
``(I) For purposes of this paragraph, the term `certified
community-based nonprofit social service agency' means a community-
based nonprofit social service agency which is in compliance with
requirements, under regulations which shall be prescribed by the
Commissioner, for annual certification to the Commissioner that it is
bonded in accordance with requirements specified by the Commissioner
and that it is licensed in each State in which it serves as a
representative payee (if licensing is available in the State) in
accordance with requirements specified by the Commissioner. Any such
annual certification shall include a copy of any independent audit on
the agency which may have been performed since the previous
certification.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the first day of the thirteenth month
beginning after the date of the enactment of this Act.
(b) Periodic Onsite Review.--
(1) Title ii amendment.--Section 205(j)(6) of such Act (42
U.S.C. 405(j)(6)) is amended to read as follows:
``(6)(A) In addition to such other reviews of representative payees
as the Commissioner of Social Security may otherwise conduct, the
Commissioner shall provide for the periodic onsite review of any person
or agency located in the United States that receives the benefits
payable under this title (alone or in combination with benefits payable
under title VIII or title XVI) to another individual pursuant to the
appointment of such person or agency as a representative payee under
this subsection, section 807, or section 1631(a)(2) in any case in
which--
``(i) the representative payee is a person who serves in
that capacity with respect to 15 or more such individuals;
``(ii) the representative payee is a certified community-
based nonprofit social service agency (as defined in paragraph
(9) of this subsection or section 1631(a)(2)(I)); or
``(iii) the representative payee is an agency (other than
an agency described in clause (ii)) that serves in that
capacity with respect to 50 or more such individuals.
``(B) Within 120 days after the end of each fiscal year, the
Commissioner shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate a
report on the results of periodic onsite reviews conducted during the
fiscal year pursuant to subparagraph (A) and of any other reviews of
representative payees conducted during such fiscal year in connection
with benefits under this title. Each such report shall describe in
detail all problems identified in such reviews and any corrective
action taken or planned to be taken to correct such problems, and shall
include--
``(i) the number of such reviews;
``(ii) the results of such reviews;
``(iii) the number of cases in which the representative
payee was changed and why;
``(iv) the number of cases involving the exercise of
expedited, targeted oversight of the representative payee by
the Commissioner conducted upon receipt of an allegation of
misuse of funds, failure to pay a vendor, or a similar
irregularity;
``(v) the number of cases discovered in which there was a
misuse of funds;
``(vi) how any such cases of misuse of funds were dealt
with by the Commissioner;
``(vii) the final disposition of such cases of misuse of
funds, including any criminal penalties imposed; and
``(viii) such other information as the Commissioner deems
appropriate.''.
(2) Title viii amendment.--Section 807 of such Act (as
amended by section 101(b)(2) of this Act) is amended further by
adding at the end the following new subsection:
``(k) Periodic Onsite Review.--(1) In addition to such other
reviews of representative payees as the Commissioner of Social Security
may otherwise conduct, the Commissioner may provide for the periodic
onsite review of any person or agency that receives the benefits
payable under this title (alone or in combination with benefits payable
under title II or title XVI) to another individual pursuant to the
appointment of such person or agency as a representative payee under
this section, section 205(j), or section 1631(a)(2) in any case in
which--
``(A) the representative payee is a person who serves in
that capacity with respect to 15 or more such individuals; or
``(B) the representative payee is an agency that serves in
that capacity with respect to 50 or more such individuals.
``(2) Within 120 days after the end of each fiscal year, the
Commissioner shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate a
report on the results of periodic onsite reviews conducted during the
fiscal year pursuant to paragraph (1) and of any other reviews of
representative payees conducted during such fiscal year in connection
with benefits under this title. Each such report shall describe in
detail all problems identified in such reviews and any corrective
action taken or planned to be taken to correct such problems, and shall
include--
``(A) the number of such reviews;
``(B) the results of such reviews;
``(C) the number of cases in which the representative payee
was changed and why;
``(D) the number of cases involving the exercise of
expedited, targeted oversight of the representative payee by
the Commissioner conducted upon receipt of an allegation of
misuse of funds, failure to pay a vendor, or a similar
irregularity;
``(E) the number of cases discovered in which there was a
misuse of funds;
``(F) how any such cases of misuse of funds were dealt with
by the Commissioner;
``(G) the final disposition of such cases of misuse of
funds, including any criminal penalties imposed; and
``(H) such other information as the Commissioner deems
appropriate.''.
(3) Title xvi amendment.--Section 1631(a)(2)(G) of such Act
(42 U.S.C. 1383(a)(2)(G)) is amended to read as follows:
``(G)(i) In addition to such other reviews of representative payees
as the Commissioner of Social Security may otherwise conduct, the
Commissioner shall provide for the periodic onsite review of any person
or agency that receives the benefits payable under this title (alone or
in combination with benefits payable under title II or title VIII) to
another individual pursuant to the appointment of the person or agency
as a representative payee under this paragraph, section 205(j), or
section 807 in any case in which--
``(I) the representative payee is a person who serves in
that capacity with respect to 15 or more such individuals;
``(II) the representative payee is a certified community-
based nonprofit social service agency (as defined in
subparagraph (I) of this paragraph or section 205(j)(9)); or
``(III) the representative payee is an agency (other than
an agency described in subclause (II)) that serves in that
capacity with respect to 50 or more such individuals.
``(ii) Within 120 days after the end of each fiscal year, the
Commissioner shall submit to the Committee on Ways and Means of the
House of Representatives and the Committee on Finance of the Senate a
report on the results of periodic onsite reviews conducted during the
fiscal year pursuant to clause (i) and of any other reviews of
representative payees conducted during such fiscal year in connection
with benefits under this title. Each such report shall describe in
detail all problems identified in the reviews and any corrective action
taken or planned to be taken to correct the problems, and shall
include--
``(I) the number of the reviews;
``(II) the results of such reviews;
``(III) the number of cases in which the representative
payee was changed and why;
``(IV) the number of cases involving the exercise of
expedited, targeted oversight of the representative payee by
the Commissioner conducted upon receipt of an allegation of
misuse of funds, failure to pay a vendor, or a similar
irregularity;
``(V) the number of cases discovered in which there was a
misuse of funds;
``(VI) how any such cases of misuse of funds were dealt
with by the Commissioner;
``(VII) the final disposition of such cases of misuse of
funds, including any criminal penalties imposed; and
``(VIII) such other information as the Commissioner deems
appropriate.''.
SEC. 103. DISQUALIFICATION FROM SERVICE AS REPRESENTATIVE PAYEE OF
PERSONS CONVICTED OF OFFENSES RESULTING IN IMPRISONMENT
FOR MORE THAN 1 YEAR OR FLEEING PROSECUTION, CUSTODY, OR
CONFINEMENT.
(a) Title II Amendments.--Section 205(j)(2) of the Social Security
Act (42 U.S.C. 405(j)(2)) is amended--
(1) in subparagraph (B)(i)--
(A) by striking ``and'' at the end of subclause
(III);
(B) by redesignating subclause (IV) as subclause
(VI); and
(C) by inserting after subclause (III) the
following new subclauses:
``(IV) obtain information concerning whether such person
has been convicted of any other offense under Federal or State
law which resulted in imprisonment for more than 1 year,
``(V) obtain information concerning whether such person is
a person described in section 202(x)(1)(A)(iv), and'';
(2) in subparagraph (B), by adding at the end the following
new clause:
``(iii) Notwithstanding the provisions of section 552a of title 5,
United States Code, or any other provision of Federal or State law
(other than section 6103 of the Internal Revenue Code of 1986 and
section 1106(c) of this Act), the Commissioner shall furnish any
Federal, State, or local law enforcement officer, upon the written
request of the officer, with the current address, social security
account number, and photograph (if applicable) of any person
investigated under this paragraph, if the officer furnishes the
Commissioner with the name of such person and such other identifying
information as may reasonably be required by the Commissioner to
establish the unique identity of such person, and notifies the
Commissioner that--
``(I) such person is described in section 202(x)(1)(A)(iv),
``(II) such person has information that is necessary for
the officer to conduct the officer's official duties, and
``(III) the location or apprehension of such person is
within the officer's official duties.'';
(3) in subparagraph (C)(i)(II), by striking ``subparagraph
(B)(i)(IV),,'' and inserting ``subparagraph (B)(i)(VI)'' and
striking ``section 1631(a)(2)(B)(ii)(IV)'' and inserting
``section 1631(a)(2)(B)(ii)(VI)''; and
(4) in subparagraph (C)(i)--
(A) by striking ``or'' at the end of subclause
(II);
(B) by striking the period at the end of subclause
(III) and inserting a comma; and
(C) by adding at the end the following new
subclauses:
``(IV) such person has previously been convicted as
described in subparagraph (B)(i)(IV), unless the Commissioner
determines that such certification would be appropriate
notwithstanding such conviction, or
``(V) such person is person described in section
202(x)(1)(A)(iv).''.
(b) Title VIII Amendments.--Section 807 of such Act (42 U.S.C.
1007) is amended--
(1) in subsection (b)(2)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (F); and
(C) by inserting after subparagraph (C) the
following new subparagraphs:
``(D) obtain information concerning whether such
person has been convicted of any other offense under
Federal or State law which resulted in imprisonment for
more than 1 year;
``(E) obtain information concerning whether such
person is a person described in section 804(a)(2);
and'';
(2) in subsection (b), by adding at the end the following
new paragraph:
``(3) Notwithstanding the provisions of section 552a of
title 5, United States Code, or any other provision of Federal
or State law (other than section 6103 of the Internal Revenue
Code of 1986 and section 1106(c) of this Act), the Commissioner
shall furnish any Federal, State, or local law enforcement
officer, upon the written request of the officer, with the
current address, social security account number, and photograph
(if applicable) of any person investigated under this
subsection, if the officer furnishes the Commissioner with the
name of such person and such other identifying information as
may reasonably be required by the Commissioner to establish the
unique identity of such person, and notifies the Commissioner
that--
``(A) such person is described in section
804(a)(2),
``(B) such person has information that is necessary
for the officer to conduct the officer's official
duties, and
``(C) the location or apprehension of such person
is within the officer's official duties.''; and
(3) in subsection (d)(1)--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting a semicolon; and
(C) by adding at the end the following new
subparagraphs:
``(D) such person has previously been convicted as
described in subsection (b)(2)(D), unless the
Commissioner determines that such payment would be
appropriate notwithstanding such conviction; or
``(E) such person is a person described in section
804(a)(2).''.
(c) Title XVI Amendments.--Section 1631(a)(2)(B) of such Act (42
U.S.C. 1383(a)(2)(B)) is amended--
(1) in clause (ii)--
(A) by striking ``and'' at the end of subclause
(III);
(B) by redesignating subclause (IV) as subclause
(VI); and
(C) by inserting after subclause (III) the
following new subclauses:
``(IV) obtain information concerning whether the person has
been convicted of any other offense under Federal or State law
which resulted in imprisonment for more than 1 year;
``(V) obtain information concerning whether such person is
a person described in section 1611(e)(4)(A); and'';
(2) in clause (iii)(II)--
(A) by striking ``clause (ii)(IV)'' and inserting
``clause (ii)(VI)''; and
(B) by striking ``section 205(j)(2)(B)(i)(IV)'' and
inserting ``section 205(j)(2)(B)(i)(VI)'';
(3) in clause (iii)--
(A) by striking ``or'' at the end of subclause
(II);
(B) by striking the period at the end of subclause
(III) and inserting a semicolon; and
(C) by adding at the end the following new
subclauses:
``(IV) the person has previously been convicted as
described in clause (ii)(IV) of this subparagraph, unless the
Commissioner determines that the payment would be appropriate
notwithstanding the conviction; or
``(V) such person is a person described in section
1611(e)(4)(A).''; and
(4) by adding at the end the following new clause:
``(xiv) Notwithstanding the provisions of section 552a of title 5,
United States Code, or any other provision of Federal or State law
(other than section 6103 of the Internal Revenue Code of 1986 and
section 1106(c) of this Act), the Commissioner shall furnish any
Federal, State, or local law enforcement officer, upon the written
request of the officer, with the current address, social security
account number, and photograph (if applicable) of any person
investigated under this subparagraph, if the officer furnishes the
Commissioner with the name of such person and such other identifying
information as may reasonably be required by the Commissioner to
establish the unique identity of such person, and notifies the
Commissioner that--
``(I) such person is described in section 1611(e)(4)(A),
``(II) such person has information that is necessary for
the officer to conduct the officer's official duties, and
``(III) the location or apprehension of such person is
within the officer's official duties.''.
(d) Effective Date.--The amendments made by this section shall take
effect on the first day of the thirteenth month beginning after the
date of the enactment of this Act.
(e) Report to the Congress.--The Commissioner of Social Security,
in consultation with the Inspector General of the Social Security
Administration, shall prepare a report evaluating whether the existing
procedures and reviews for the qualification (including
disqualification) of representative payees are sufficient to enable the
Commissioner to protect benefits from being misused by representative
payees. The Commissioner shall submit the report to the Committee on
Ways and Means of the House of Representatives and the Committee on
Finance of the Senate no later than 270 days after the date of the
enactment of this Act. The Commissioner shall include in such report
any recommendations that the Commissioner considers appropriate.
SEC. 104. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY REPRESENTATIVE
PAYEES.
(a) Title II Amendments.--Section 205(j)(4)(A)(i) of the Social
Security Act (42 U.S.C. 405(j)(4)(A)(i)) is amended--
(1) in the first sentence, by striking ``A'' and inserting
``Except as provided in the next sentence, a''; and
(2) in the second sentence, by striking ``The Secretary''
and inserting the following:
``A qualified organization may not collect a fee from an individual for
any month with respect to which the Commissioner of Social Security or
a court of competent jurisdiction has determined that the organization
misused all or part of the individual's benefit, and any amount so
collected by the qualified organization for such month shall be treated
as a misused part of the individual's benefit for purposes of
paragraphs (5) and (6). The Commissioner''.
(b) Title XVI Amendments.--Section 1631(a)(2)(D)(i) of such Act (42
U.S.C. 1383(a)(2)(D)(i)) is amended--
(1) in the first sentence, by striking ``A'' and inserting
``Except as provided in the next sentence, a''; and
(2) in the second sentence, by striking ``The
Commissioner'' and inserting the following: ``A qualified
organization may not collect a fee from an individual for any
month with respect to which the Commissioner of Social Security
or a court of competent jurisdiction has determined that the
organization misused all or part of the individual's benefit,
and any amount so collected by the qualified organization for
such month shall be treated as a misused part of the
individual's benefit for purposes of subparagraphs (E) and (F).
The Commissioner''.
(c) Effective Date.--The amendments made by this section shall
apply to any month involving benefit misuse by a representative payee
in any case with respect to which the Commissioner of Social Security
or a court of competent jurisdiction makes the determination of misuse
after 180 days after the date of the enactment of this Act.
SEC. 105. LIABILITY OF REPRESENTATIVE PAYEES FOR MISUSED BENEFITS.
(a) Title II Amendments.--Section 205(j) of the Social Security Act
(42 U.S.C. 405(j)) (as amended by sections 101 and 102) is amended
further--
(1) by redesignating paragraphs (7), (8), and (9) as
paragraphs (8), (9), and (10), respectively;
(2) in paragraphs (2)(C)(v), (3)(F), and (4)(B), by
striking ``paragraph (9)'' and inserting ``paragraph (10)'';
(3) in paragraph (6)(A)(ii), by striking ``paragraph (9)''
and inserting ``paragraph (10)''; and
(4) by inserting after paragraph (6) the following new
paragraph:
``(7)(A) If the Commissioner of Social Security or a court of
competent jurisdiction determines that a representative payee that is
not a Federal, State, or local government agency has misused all or
part of an individual's benefit that was paid to such representative
payee under this subsection, the representative payee shall be liable
for the amount misused, and such amount (to the extent not repaid by
the representative payee) shall be treated as an overpayment of
benefits under this title to the representative payee for all purposes
of this Act and related laws pertaining to the recovery of such
overpayments. Subject to subparagraph (B), upon recovering all or any
part of such amount, the Commissioner shall certify an amount equal to
the recovered amount for payment to such individual or such
individual's alternative representative payee.
``(B) The total of the amount certified for payment to such
individual or such individual's alternative representative payee under
subparagraph (A) and the amount certified for payment under paragraph
(5) may not exceed the total benefit amount misused by the
representative payee with respect to such individual.''.
(b) Title VIII Amendment.--Section 807 of such Act (as amended by
section 102(b)(2)) is amended further by adding at the end the
following new subsection:
``(l) Liability for Misused Amounts.--
``(1) In general.--If the Commissioner of Social Security
or a court of competent jurisdiction determines that a
representative payee that is not a Federal, State, or local
government agency has misused all or part of a qualified
individual's benefit that was paid to such representative payee
under this section, the representative payee shall be liable
for the amount misused, and such amount (to the extent not
repaid by the representative payee) shall be treated as an
overpayment of benefits under this title to the representative
payee for all purposes of this Act and related laws pertaining
to the recovery of such overpayments. Subject to paragraph (2),
upon recovering all or any part of such amount, the
Commissioner shall make payment of an amount equal to the
recovered amount to such qualified individual or such qualified
individual's alternative representative payee.
``(2) Limitation.--The total of the amount paid to such
individual or such individual's alternative representative
payee under paragraph (1) and the amount paid under subsection
(i) may not exceed the total benefit amount misused by the
representative payee with respect to such individual.''.
(c) Title XVI Amendments.--Section 1631(a)(2) of such Act (42
U.S.C. 1383(a)(2)) (as amended by section 102(b)(3)) is amended
further--
(1) in subparagraph (G)(i)(II), by striking ``section
205(j)(9)'' and inserting ``section 205(j)(10)''; and
(2) by striking subparagraph (H) and inserting the
following:
``(H)(i) If the Commissioner of Social Security or a court of
competent jurisdiction determines that a representative payee that is
not a Federal, State, or local government agency has misused all or
part of an individual's benefit that was paid to the representative
payee under this paragraph, the representative payee shall be liable
for the amount misused, and the amount (to the extent not repaid by the
representative payee) shall be treated as an overpayment of benefits
under this title to the representative payee for all purposes of this
Act and related laws pertaining to the recovery of the overpayments.
Subject to clause (ii), upon recovering all or any part of the amount,
the Commissioner shall make payment of an amount equal to the recovered
amount to such individual or such individual's alternative
representative payee.
``(ii) The total of the amount paid to such individual or such
individual's alternative representative payee under clause (i) and the
amount paid under subparagraph (E) may not exceed the total benefit
amount misused by the representative payee with respect to such
individual.''.
(d) Effective Date.--The amendments made by this section shall
apply to benefit misuse by a representative payee in any case with
respect to which the Commissioner of Social Security or a court of
competent jurisdiction makes the determination of misuse after 180 days
after the date of the enactment of this Act.
SEC. 106. AUTHORITY TO REDIRECT DELIVERY OF BENEFIT PAYMENTS WHEN A
REPRESENTATIVE PAYEE FAILS TO PROVIDE REQUIRED
ACCOUNTING.
(a) Title II Amendments.--Section 205(j)(3) of the Social Security
Act (42 U.S.C. 405(j)(3)) (as amended by sections 102(a)(1)(B) and
105(a)(2)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) In any case in which the person described in subparagraph (A)
or (D) receiving payments on behalf of another fails to submit a report
required by the Commissioner of Social Security under subparagraph (A)
or (D), the Commissioner may, after furnishing notice to such person
and the individual entitled to such payment, require that such person
appear in person at a field office of the Social Security
Administration serving the area in which the individual resides in
order to receive such payments.''.
(b) Title VIII Amendments.--Section 807(h) of such Act (42 U.S.C.
1007(h)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Authority to redirect delivery of benefit payments
when a representative payee fails to provide required
accounting.--In any case in which the person described in
paragraph (1) or (2) receiving benefit payments on behalf of a
qualified individual fails to submit a report required by the
Commissioner of Social Security under paragraph (1) or (2), the
Commissioner may, after furnishing notice to such person and
the qualified individual, require that such person appear in
person at a United States Government facility designated by the
Social Security Administration as serving the area in which the
qualified individual resides in order to receive such benefit
payments.''.
(c) Title XVI Amendment.--Section 1631(a)(2)(C) of such Act (42
U.S.C. 1383(a)(2)(C)) is amended by adding at the end the following new
clause:
``(v) In any case in which the person described in clause (i) or
(iv) receiving payments on behalf of another fails to submit a report
required by the Commissioner of Social Security under clause (i) or
(iv), the Commissioner may, after furnishing notice to the person and
the individual entitled to the payment, require that such person appear
in person at a field office of the Social Security Administration
serving the area in which the individual resides in order to receive
such payments.''.
(d) Effective Date.--The amendment made by this section shall take
effect 180 days after the date of the enactment of this Act.
Subtitle B--Enforcement
SEC. 111. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO WRONGFUL
CONVERSIONS BY REPRESENTATIVE PAYEES.
(a) In General.--Section 1129(a) of the Social Security Act (42
U.S.C. 1320a-8) is amended by adding at the end the following new
paragraph:
``(3) Any person (including an organization, agency, or other
entity) who, having received, while acting in the capacity of a
representative payee pursuant to section 205(j), 807, or 1631(a)(2), a
payment under title II, VIII, or XVI for the use and benefit of another
individual, converts such payment, or any part thereof, to a use that
such person knows or should know is other than for the use and benefit
of such other individual shall be subject to, in addition to any other
penalties that may be prescribed by law, a civil money penalty of not
more than $5,000 for each such conversion. Such person shall also be
subject to an assessment, in lieu of damages sustained by the United
States resulting from the conversion, of not more than twice the amount
of any payments so converted.''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to violations committed after the date of the enactment of
this Act.
TITLE II--PROGRAM PROTECTIONS
SEC. 201. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO KNOWING
WITHHOLDING OF MATERIAL FACTS.
(a) Treatment of Withholding of Material Facts.--
(1) Civil penalties.--Section 1129(a)(1) of the Social
Security Act (42 U.S.C. 1320a-8(a)(1)) is amended--
(A) by striking ``who'' in the first sentence and
inserting ``who--'';
(B) by striking ``makes'' in the first sentence and
all that follows through ``shall be subject to,'' and
inserting the following:
``(A) makes, or causes to be made, a statement or
representation of a material fact, for use in determining any
initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments under
title VIII or XVI, that the person knows or should know is
false or misleading,
``(B) makes such a statement or representation for such use
with knowing disregard for the truth, or
``(C) omits from a statement or representation for such
use, or otherwise withholds disclosure of, a fact which the
person knows or should know is material to the determination of
any initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments under
title VIII or XVI, if the person knows, or should know, that
the statement or representation with such omission is false or
misleading or that the withholding of such disclosure is
misleading,
shall be subject to,'';
(C) by inserting ``or each receipt of such benefits
or payments while withholding disclosure of such fact''
after ``each such statement or representation'' in the
first sentence;
(D) by inserting ``or because of such withholding
of disclosure of a material fact'' after ``because of
such statement or representation'' in the second
sentence; and
(E) by inserting ``or such a withholding of
disclosure'' after ``such a statement or
representation'' in the second sentence.
(2) Administrative procedure for imposing penalties.--
Section 1129A(a) of such Act (42 U.S.C. 1320a-8a(a)) is
amended--
(A) by striking ``who'' the first place it appears
and inserting ``who--''; and
(B) by striking ``makes'' and all that follows
through ``shall be subject to,'' and inserting the
following:
``(1) makes, or causes to be made, a statement or
representation of a material fact, for use in determining any
initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments under
title XVI that the person knows or should know is false or
misleading,
``(2) makes such a statement or representation for such use
with knowing disregard for the truth, or
``(3) omits from a statement or representation for such
use, or otherwise withholds disclosure of, a fact which the
person knows or should know is material to the determination of
any initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments under
title XVI, if the person knows, or should know, that the
statement or representation with such omission is false or
misleading or that the withholding of such disclosure is
misleading,
shall be subject to,''.
(b) Clarification of Treatment of Recovered Amounts.--Section
1129(e)(2)(B) of such Act (42 U.S.C. 1320a-8(e)(2)(B)) is amended by
striking ``In the case of amounts recovered arising out of a
determination relating to title VIII or XVI,'' and inserting ``In the
case of any other amounts recovered under this section,''.
(c) Conforming Amendments.--
(1) Section 1129(b)(3)(A) of such Act (42 U.S.C. 1320a-
8(b)(3)(A)) is amended by striking ``charging fraud or false
statements''.
(2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a-
8(c)(1)) is amended by striking ``and representations'' and
inserting ``, representations, or actions''.
(3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 1320a-
8(e)(1)(A)) is amended by striking ``statement or
representation referred to in subsection (a) was made'' and
inserting ``violation occurred''.
(d) Effective Date.--The amendments made by this section shall
apply with respect to violations committed after the date on which the
Commissioner implements the centralized computer file described in
section 202.
SEC. 202. ISSUANCE BY COMMISSIONER OF SOCIAL SECURITY OF RECEIPTS TO
ACKNOWLEDGE SUBMISSION OF REPORTS OF CHANGES IN WORK OR
EARNINGS STATUS OF DISABLED BENEFICIARIES.
Effective as soon as possible, but not later than 1 year after the
date of the enactment of this Act, until such time as the Commissioner
of Social Security implements a centralized computer file recording the
date of the submission of information by a disabled beneficiary (or
representative) regarding a change in the beneficiary's work or
earnings status, the Commissioner shall issue a receipt to the disabled
beneficiary (or representative) each time he or she submits
documentation, or otherwise reports to the Commissioner, on a change in
such status.
SEC. 203. DENIAL OF TITLE II BENEFITS TO PERSONS FLEEING PROSECUTION,
CUSTODY, OR CONFINEMENT, AND TO PERSONS VIOLATING
PROBATION OR PAROLE.
(a) In General.--Section 202(x) of the Social Security Act (42
U.S.C. 402(x)) is amended--
(1) in the heading, by striking ``Prisoners'' and all that
follows and inserting the following: ``Prisoners, Certain Other
Inmates of Publicly Funded Institutions, Fugitives,
Probationers, and Parolees'';
(2) in paragraph (1)(A)(ii)(IV), by striking ``or'' at the
end;
(3) in paragraph (1)(A)(iii), by striking the period at the
end and inserting a comma;
(4) by inserting after paragraph (1)(A)(iii) the following:
``(iv) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place from
which the person flees, for a crime, or an attempt to commit a
crime, which is a felony under the laws of the place from which
the person flees, or which, in the case of the State of New
Jersey, is a high misdemeanor under the laws of such State, or
``(v) is violating a condition of probation or parole
imposed under Federal or State law.
In the case of an individual from whom such monthly benefits have been
withheld pursuant to clause (iv) or (v), the Commissioner may, for good
cause shown, pay such withheld benefits to the individual.''; and
(5) in paragraph (3), by adding at the end the following
new subparagraph:
``(C) Notwithstanding the provisions of section 552a of title 5,
United States Code, or any other provision of Federal or State law
(other than section 6103 of the Internal Revenue Code of 1986 and
section 1106(c) of this Act), the Commissioner shall furnish any
Federal, State, or local law enforcement officer, upon the written
request of the officer, with the current address, Social Security
number, and photograph (if applicable) of any beneficiary under this
title, if the officer furnishes the Commissioner with the name of the
beneficiary, and other identifying information as reasonably required
by the Commissioner to establish the unique identity of the
beneficiary, and notifies the Commissioner that--
``(i) the beneficiary--
``(I) is described in clause (iv) or (v) of
paragraph (1)(A); and
``(II) has information that is necessary for the
officer to conduct the officer's official duties; and
``(ii) the location or apprehension of the beneficiary is
within the officer's official duties.''.
(b) Regulations.--Not later than the first day of the first month
that begins on or after the date that is 9 months after the date of the
enactment of this Act, the Commissioner of Social Security shall
promulgate regulations governing payment by the Commissioner, for good
cause shown, of withheld benefits, pursuant to the last sentence of
section 202(x)(1)(A) of the Social Security Act (as amended by
subsection (a)).
(c) Effective Date.--The amendments made by subsection (a) shall
take effect on the first day of the first month that begins on or after
the date that is 9 months after the date of the enactment of this Act.
SEC. 204. REQUIREMENTS RELATING TO OFFERS TO PROVIDE FOR A FEE A
PRODUCT OR SERVICE AVAILABLE WITHOUT CHARGE FROM THE
SOCIAL SECURITY ADMINISTRATION.
(a) In General.--Section 1140 of the Social Security Act (42 U.S.C.
1320b-10) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(4)(A) No person shall offer, for a fee, to assist an individual
to obtain a product or service that the person knows or should know is
provided free of charge by the Social Security Administration unless,
at the time the offer is made, the person provides to the individual to
whom the offer is tendered a notice that--
``(i) explains that the product or service is available
free of charge from the Social Security Administration, and
``(ii) complies with standards prescribed by the
Commissioner of Social Security respecting the content of such
notice and its placement, visibility, and legibility.
``(B) Subparagraph (A) shall not apply to any offer--
``(i) to serve as a claimant representative in connection
with a claim arising under title II, title VIII, or title XVI;
or
``(ii) to prepare, or assist in the preparation of, an
individual's plan for achieving self-support under title
XVI.''; and
(2) in the heading, by striking ``prohibition of misuse of
symbols, emblems, or names in reference'' and inserting
``prohibitions relating to references''.
(b) Effective Date.--The amendments made by this section shall
apply to offers of assistance made after the sixth month ending after
the Commissioner of Social Security promulgates final regulations
prescribing the standards applicable to the notice required to be
provided in connection with such offer. The Commissioner shall
promulgate such final regulations within 1 year after the date of the
enactment of this Act.
SEC. 205. REFUSAL TO RECOGNIZE CERTAIN INDIVIDUALS AS CLAIMANT
REPRESENTATIVES.
Section 206(a)(1) of the Social Security Act (42 U.S.C. 406(a)(1))
is amended by inserting after the second sentence the following:
``Notwithstanding the preceding sentences, the Commissioner, after due
notice and opportunity for hearing, (A) may refuse to recognize as a
representative, and may disqualify a representative already recognized,
any attorney who has been disbarred or suspended from any court or bar
to which he or she was previously admitted to practice or who has been
disqualified from participating in or appearing before any Federal
program or agency, and (B) may refuse to recognize, and may disqualify,
as a non-attorney representative any attorney who has been disbarred or
suspended from any court or bar to which he or she was previously
admitted to practice. A representative who has been disqualified or
suspended pursuant to this section from appearing before the Social
Security Administration as a result of collecting or receiving a fee in
excess of the amount authorized shall be barred from appearing before
the Social Security Administration as a representative until full
restitution is made to the claimant and, thereafter, may be considered
for reinstatement only under such rules as the Commissioner may
prescribe.''.
SEC. 206. PENALTY FOR CORRUPT OR FORCIBLE INTERFERENCE WITH
ADMINISTRATION OF SOCIAL SECURITY ACT.
Part A of title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by inserting after section 1129A the following new
section:
``attempts to interfere with administration of social security act
``Sec. 1129B. Whoever corruptly or by force or threats of force
(including any threatening letter or communication) attempts to
intimidate or impede any officer, employee, or contractor of the Social
Security Administration (including any State employee of a disability
determination service or any other individual designated by the
Commissioner of Social Security) acting in an official capacity to
carry out a duty under this Act, or in any other way corruptly or by
force or threats of force (including any threatening letter or
communication) obstructs or impedes, or attempts to obstruct or impede,
the due administration of this Act, shall be fined not more than
$5,000, imprisoned not more than 3 years, or both, except that if the
offense is committed only by threats of force, the person shall be
fined not more than $3,000, imprisoned not more than 1 year, or both.
In this subsection, the term `threats of force' means threats of harm
to the officer or employee of the United States or to a contractor of
the Social Security Administration, or to a member of the family of
such an officer or employee or contractor.''.
SEC. 207. USE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO SOCIAL
SECURITY OR MEDICARE.
(a) In General.--Section 1140(a)(1) of the Social Security Act (42
U.S.C. 1320b-10(a)(1)) is amended--
(1) in subparagraph (A), by inserting `` `Centers for
Medicare & Medicaid Services','' after `` `Health Care
Financing Administration','', by striking ``or `Medicaid', ''
and inserting `` `Medicaid', `Death Benefits Update', `Federal
Benefit Information', `Funeral Expenses', or `Final
Supplemental Plan','' and by inserting `` `CMS','' after ``
`HCFA','';
(2) in subparagraph (B), by inserting ``Centers for
Medicare & Medicaid Services,'' after ``Health Care Financing
Administration,'' each place it appears; and
(3) in the matter following subparagraph (B), by striking
``the Health Care Financing Administration,'' each place it
appears and inserting ``the Centers for Medicare & Medicaid
Services,''.
(b) Effective Date.--The amendments made by this section shall
apply to items sent after 180 days after the date of the enactment of
this Act.
SEC. 208. DISQUALIFICATION FROM PAYMENT DURING TRIAL WORK PERIOD UPON
CONVICTION OF FRAUDULENT CONCEALMENT OF WORK ACTIVITY.
(a) In General.--Section 222(c) of the Social Security Act (42
U.S.C. 422(c)) is amended by adding at the end the following new
paragraph:
``(5) Upon conviction by a Federal court that an individual has
fraudulently concealed work activity during a period of trial work from
the Commissioner of Social Security by--
``(A) providing false information to the Commissioner of
Social Security as to whether the individual had earnings in or
for a particular period, or as to the amount thereof;
``(B) receiving disability insurance benefits under this
title while engaging in work activity under another identity,
including under another social security account number or a
number purporting to be a social security account number; or
``(C) taking other actions to conceal work activity with an
intent fraudulently to secure payment in a greater amount than
is due or when no payment is authorized,
no benefit shall be payable to such individual under this title with
respect to a period of disability for any month before such conviction
during which the individual rendered services during the period of
trial work with respect to which the fraudulently concealed work
activity occurred, and amounts otherwise due under this title as
restitution, penalties, assessments, fines, or other repayments shall
in all cases be in addition to any amounts for which such individual is
liable as overpayments by reason of such concealment.''.
(b) Effective Date.--The amendment made by subsection (a) shall
apply with respect to work activity performed after the date of the
enactment of this Act.
SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF RESTITUTION.
(a) Amendments to Title II.--Section 208 of the Social Security Act
(42 U.S.C. 408) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b)(1) Any Federal court, when sentencing a defendant convicted
of an offense under subsection (a), may order, in addition to or in
lieu of any other penalty authorized by law, that the defendant make
restitution to the Social Security Administration.
``(2) Sections 3612, 3663, and 3664 of title 18, United States
Code, shall apply with respect to the issuance and enforcement of
orders of restitution under this subsection. In so applying such
sections, the Social Security Administration shall be considered the
victim.
``(3) If the court does not order restitution, or orders only
partial restitution, under this subsection, the court shall state on
the record the reasons therefor.''.
(b) Amendments to Title VIII.--Section 807(i) of such Act (42
U.S.C. 1007(i)) is amended--
(1) by striking ``(i) Restitution.--In any case where'' and
inserting the following:
``(i) Restitution.--
``(1) In general.--In any case where''; and
(2) by adding at the end the following new paragraph:
``(2) Court order for restitution.--
``(A) In general.--Any Federal court, when
sentencing a defendant convicted of an offense under
subsection (a), may order, in addition to or in lieu of
any other penalty authorized by law, that the defendant
make restitution to the Social Security Administration.
``(B) Related provisions.--Sections 3612, 3663, and
3664 of title 18, United States Code, shall apply with
respect to the issuance and enforcement of orders of
restitution under this paragraph. In so applying such
sections, the Social Security Administration shall be
considered the victim.
``(C) Stated reasons for not ordering
restitution.--If the court does not order restitution,
or orders only partial restitution, under this
paragraph, the court shall state on the record the
reasons therefor.''.
(c) Amendments to Title XVI.--Section 1632 of such Act (42 U.S.C.
1383a) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection:
``(b)(1) Any Federal court, when sentencing a defendant convicted
of an offense under subsection (a), may order, in addition to or in
lieu of any other penalty authorized by law, that the defendant make
restitution to the Social Security Administration.
``(2) Sections 3612, 3663, and 3664 of title 18, United States
Code, shall apply with respect to the issuance and enforcement of
orders of restitution under this subsection. In so applying such
sections, the Social Security Administration shall be considered the
victim.
``(3) If the court does not order restitution, or orders only
partial restitution, under this subsection, the court shall state on
the record the reasons therefor.''.
(d) Special Account for Receipt of Restitution Payments.--Section
704(b) of such Act (42 U.S.C. 904(b)) is amended by adding at the end
the following new paragraph:
``(3)(A) Except as provided in subparagraph (B), amounts received
by the Social Security Administration pursuant to an order of
restitution under section 208(b), 807(i), or 1632(b) shall be credited
to a special fund established in the Treasury of the United States for
amounts so received or recovered. The amounts so credited, to the
extent and in the amounts provided in advance in appropriations Acts,
shall be available to defray expenses incurred in carrying out titles
II, VIII, and XVI.
``(B) Subparagraph (A) shall not apply with respect to amounts
received in connection with misuse by a representative payee (within
the meaning of sections 205(j), 807, and 1631(a)(2)) of funds paid as
benefits under title II, VIII, or XVI. Such amounts received in
connection with misuse of funds paid as benefits under title II shall
be transferred to the Managing Trustee of the Federal Old-Age and
Survivors Insurance Trust Fund or the Federal Disability Insurance
Trust Fund, as determined appropriate by the Commissioner of Social
Security, and such amounts shall be deposited by the Managing Trustee
into such Trust Fund. All other such amounts shall be deposited by the
Commissioner into the general fund of the Treasury as miscellaneous
receipts.''.
(e) Effective Date.--The amendments made by subsections (a), (b),
and (c) shall apply with respect to violations occurring on or after
the date of the enactment of this Act.
TITLE III--ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS
SEC. 301. CAP ON ATTORNEY ASSESSMENTS.
(a) In General.--Section 206(d)(2)(A) of the Social Security Act
(42 U.S.C. 406(d)(2)(A)) is amended--
(1) by inserting ``, except that the maximum amount of the
assessment may not exceed the greater of $75 or the adjusted
amount as provided pursuant to the following two sentences''
after ``subparagraph (B)''; and
(2) by adding at the end the following new sentence: ``In
the case of any calendar year beginning after the amendments
made by section 301 of the Social Security Protection Act of
2003 take effect, the dollar amount specified in the preceding
sentence (including a previously adjusted amount) shall be
adjusted annually under the procedures used to adjust benefit
amounts under section 215(i)(2)(A)(ii), except such adjustment
shall be based on the higher of $75 or the previously adjusted
amount that would have been in effect for December of the
preceding year, but for the rounding of such amount pursuant to
the following sentence. Any amount so adjusted that is not a
multiple of $1 shall be rounded to the next lowest multiple of
$1, but in no case less than $75.''.
(b) Effective Date.--The amendments made by this section shall
apply with respect to fees for representation of claimants which are
first required to be certified or paid under section 206 of the Social
Security Act on or after the first day of the first month that begins
after 180 days after the date of the enactment of this Act.
SEC. 302. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE XVI CLAIMS.
(a) In General.--Section 1631(d)(2) of the Social Security Act (42
U.S.C. 1383(d)(2)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i)--
(A) by striking ``section 206(a)'' and inserting
``section 206'';
(B) by striking ``(other than paragraph (4)
thereof)'' and inserting ``(other than subsections
(a)(4) and (d) thereof)''; and
(C) by striking ``paragraph (2) thereof'' and
inserting ``such section'';
(2) in subparagraph (A)(i), by striking ``in subparagraphs
(A)(ii)(I) and (C)(i),'' and inserting ``in subparagraphs
(A)(ii)(I) and (D)(i) of subsection (a)(2)'', and by striking
``and'' at the end;
(3) by striking subparagraph (A)(ii) and inserting the
following:
``(ii) by substituting, in subsections (a)(2)(B) and
(b)(1)(B)(i), the phrase `section 1631(a)(7)(A) or the
requirements of due process of law' for the phrase `subsection
(g) or (h) of section 223';
``(iii) by substituting, in subsection (a)(2)(C)(i), the
phrase `under title II' for the phrase `under title XVI';
``(iv) by substituting, in subsection (b)(1)(A), the phrase
`pay the amount of such fee' for the phrase `certify the amount
of such fee for payment' and by striking, in subsection
(b)(1)(A), the phrase `or certified for payment'; and
``(v) by substituting, in subsection (b)(1)(B)(ii), the
phrase `deemed to be such amounts as determined before any
applicable reduction under section 1631(g), and reduced by the
amount of any reduction in benefits under this title or title
II made pursuant to section 1127(a)' for the phrase `determined
before any applicable reduction under section 1127(a))'.''; and
(4) by striking subparagraph (B) and inserting the
following new subparagraphs:
``(B) Subject to subparagraph (C), if the claimant is determined to
be entitled to past-due benefits under this title and the person
representing the claimant is an attorney, the Commissioner of Social
Security shall pay out of such past-due benefits to such attorney an
amount equal to the lesser of--
``(i) so much of the maximum fee as does not exceed 25
percent of such past-due benefits (as determined before any
applicable reduction under section 1631(g) and reduced by the
amount of any reduction in benefits under this title or title
II pursuant to section 1127(a)), or
``(ii) the amount of past-due benefits available after any
applicable reductions under sections 1631(g) and 1127(a).
``(C)(i) Whenever a fee for services is required to be paid to an
attorney from a claimant's past-due benefits pursuant to subparagraph
(B), the Commissioner shall impose on the attorney an assessment
calculated in accordance with clause (ii).
``(ii)(I) The amount of an assessment under clause (i) shall be
equal to the product obtained by multiplying the amount of the
representative's fee that would be required to be paid by subparagraph
(B) before the application of this subparagraph, by the percentage
specified in subclause (II), except that the maximum amount of the
assessment may not exceed $75. In the case of any calendar year
beginning after the amendments made by section 302 of the Social
Security Protection Act of 2003 take effect, the dollar amount
specified in the preceding sentence (including a previously adjusted
amount) shall be adjusted annually under the procedures used to adjust
benefit amounts under section 215(i)(2)(A)(ii), except such adjustment
shall be based on the higher of $75 or the previously adjusted amount
that would have been in effect for December of the preceding year, but
for the rounding of such amount pursuant to the following sentence. Any
amount so adjusted that is not a multiple of $1 shall be rounded to the
next lowest multiple of $1, but in no case less than $75.
``(II) The percentage specified in this subclause is such
percentage rate as the Commissioner determines is necessary in order to
achieve full recovery of the costs of determining and approving fees to
attorneys from the past-due benefits of claimants, but not in excess of
6.3 percent.
``(iii) The Commissioner may collect the assessment imposed on an
attorney under clause (i) by offset from the amount of the fee
otherwise required by subparagraph (B) to be paid to the attorney from
a claimant's past-due benefits.
``(iv) An attorney subject to an assessment under clause (i) may
not, directly or indirectly, request or otherwise obtain reimbursement
for such assessment from the claimant whose claim gave rise to the
assessment.
``(v) Assessments on attorneys collected under this subparagraph
shall be deposited in the Treasury in a separate fund created for this
purpose.
``(vi) The assessments authorized under this subparagraph shall be
collected and available for obligation only to the extent and in the
amount provided in advance in appropriations Acts. Amounts so
appropriated are authorized to remain available until expended, for
administrative expenses in carrying out this title and related laws.''.
(b) Effective Date.--
(1) In general.--The amendments made by this section shall
apply with respect to fees for representation of claimants
which are first required to be certified or paid under section
1631(d)(2) of the Social Security Act on or after the first day
of the first month that begins after 270 days after the date of
the enactment of this Act.
(2) Sunset.--Such amendments shall not apply with respect
to fees for representation of claimants in the case of any
claim for benefits with respect to which the agreement for
representation is entered into after 5 years after the date on
which the Commissioner of Social Security first implements the
amendments made by this section.
(c) Study Regarding Fee-Withholding for Non-Attorney
Representatives.--
(1) Study.--As soon as practicable after the date of the
enactment of this Act, the Comptroller General of the United
States shall undertake a study regarding fee-withholding for
non-attorney representatives representing claimants before the
Social Security Administration.
(2) Matters to be studied.--In conducting the study under
this subsection, the Comptroller General shall--
(A) compare the non-attorney representatives who
seek fee approval for representing claimants before the
Social Security Administration to attorney
representatives who seek such fee approval, with regard
to--
(i) their training, qualifications, and
competency,
(ii) the type and quality of services
provided, and
(iii) the extent to which claimants are
protected through oversight of such
representatives by the Social Security
Administration or other organizations, and
(B) consider the potential results of extending to
non-attorney representatives the fee withholding
procedures that apply under titles II and XVI of the
Social Security Act for the payment of attorney fees,
including the effect on claimants and program
administration.
(3) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit to
the Committee on Ways and Means of the House of Representatives
and the Committee on Finance of the Senate a report detailing
the results of the Comptroller General's study conducted
pursuant to this subsection.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Subtitle A--Amendments Relating to the Ticket to Work and Work
Incentives Improvement Act of 1999
SEC. 401. APPLICATION OF DEMONSTRATION AUTHORITY SUNSET DATE TO NEW
PROJECTS.
Section 234 of the Social Security Act (42 U.S.C. 434) is amended--
(1) in the first sentence of subsection (c), by striking
``conducted under subsection (a)'' and inserting ``initiated
under subsection (a) on or before December 17, 2004''; and
(2) in subsection (d)(2), by amending the first sentence to
read as follows: ``The authority to initiate projects under the
preceding provisions of this section shall terminate on
December 18, 2004.''.
SEC. 402. EXPANSION OF WAIVER AUTHORITY AVAILABLE IN CONNECTION WITH
DEMONSTRATION PROJECTS PROVIDING FOR REDUCTIONS IN
DISABILITY INSURANCE BENEFITS BASED ON EARNINGS.
Section 302(c) of the Ticket to Work and Work Incentives
Improvement Act of 1999 (42 U.S.C. 434 note) is amended by striking
``(42 U.S.C. 401 et seq.),'' and inserting ``(42 U.S.C. 401 et seq.)
and the requirements of section 1148 of such Act (42 U.S.C. 1320b-19)
as they relate to the program established under title II of such
Act,''.
SEC. 403. FUNDING OF DEMONSTRATION PROJECTS PROVIDED FOR REDUCTIONS IN
DISABILITY INSURANCE BENEFITS BASED ON EARNINGS.
Section 302(f) of the Ticket to Work and Work Incentives
Improvement Act of 1999 (42 U.S.C. 434 note) is amended to read as
follows:
``(f) Expenditures.--Administrative expenses for demonstration
projects under this section shall be paid from funds available for the
administration of title II or XVIII of the Social Security Act, as
appropriate. Benefits payable to or on behalf of individuals by reason
of participation in projects under this section shall be made from the
Federal Disability Insurance Trust Fund and the Federal Old-Age and
Survivors Insurance Trust Fund, as determined appropriate by the
Commissioner of Social Security, and from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical Insurance
Trust Fund, as determined appropriate by the Secretary of Health and
Human Services, from funds available for benefits under such title II
or XVIII.''.
SEC. 404. AVAILABILITY OF FEDERAL AND STATE WORK INCENTIVE SERVICES TO
ADDITIONAL INDIVIDUALS.
(a) Federal Work Incentives Outreach Program.--
(1) In general.--Section 1149(c)(2) of the Social Security
Act (42 U.S.C. 1320b-20(c)(2)) is amended to read as follows:
``(2) Disabled beneficiary.--The term `disabled
beneficiary' means an individual--
``(A) who is a disabled beneficiary as defined in
section 1148(k)(2) of this Act;
``(B) who is receiving a cash payment described in
section 1616(a) of this Act or a supplementary payment
described in section 212(a)(3) of Public Law 93-66
(without regard to whether such payment is paid by the
Commissioner pursuant to an agreement under section
1616(a) of this Act or under section 212(b) of Public
Law 93-66);
``(C) who, pursuant to section 1619(b) of this Act,
is considered to be receiving benefits under title XVI
of this Act; or
``(D) who is entitled to benefits under part A of
title XVIII of this Act by reason of the penultimate
sentence of section 226(b) of this Act.''.
(2) Effective date.--The amendment made by this subsection
shall apply with respect to grants, cooperative agreements, or
contracts entered into on or after the date of the enactment of
this Act.
(b) State Grants for Work Incentives Assistance.--
(1) Definition of disabled beneficiary.--Section 1150(g)(2)
of such Act (42 U.S.C. 1320b-21(g)(2)) is amended to read as
follows:
``(2) Disabled beneficiary.--The term `disabled
beneficiary' means an individual--
``(A) who is a disabled beneficiary as defined in
section 1148(k)(2) of this Act;
``(B) who is receiving a cash payment described in
section 1616(a) of this Act or a supplementary payment
described in section 212(a)(3) of Public Law 93-66
(without regard to whether such payment is paid by the
Commissioner pursuant to an agreement under section
1616(a) of this Act or under section 212(b) of Public
Law 93-66);
``(C) who, pursuant to section 1619(b) of this Act,
is considered to be receiving benefits under title XVI
of this Act; or
``(D) who is entitled to benefits under part A of
title XVIII of this Act by reason of the penultimate
sentence of section 226(b) of this Act.''.
(2) Advocacy or other services needed to maintain gainful
employment.--Section 1150(b)(2) of such Act (42 U.S.C. 1320b-
21(b)(2)) is amended by striking ``secure or regain'' and
inserting ``secure, maintain, or regain''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to payments provided after the date of
the enactment of this Act.
SEC. 405. TECHNICAL AMENDMENT CLARIFYING TREATMENT FOR CERTAIN PURPOSES
OF INDIVIDUAL WORK PLANS UNDER THE TICKET TO WORK AND
SELF-SUFFICIENCY PROGRAM.
(a) In General.--Section 1148(g)(1) of the Social Security Act (42
U.S.C. 1320b-19) is amended by adding at the end, after and below
subparagraph (E), the following new sentence:
``An individual work plan established pursuant to this
subsection shall be treated, for purposes of section
51(d)(6)(B)(i) of the Internal Revenue Code of 1986, as an
individualized written plan for employment under a State plan
for vocational rehabilitation services approved under the
Rehabilitation Act of 1973.''.
(b) Effective Date.--The amendment made by subsection (a) shall
take effect as if included in section 505 of the Ticket to Work and
Work Incentives Improvement Act of 1999 (Public Law 106-170; 113 Stat.
1921).
Subtitle B--Miscellaneous Amendments
SEC. 411. ELIMINATION OF TRANSCRIPT REQUIREMENT IN REMAND CASES FULLY
FAVORABLE TO THE CLAIMANT.
(a) In General.--Section 205(g) of the Social Security Act (42
U.S.C. 405(g)) is amended in the sixth sentence by striking ``and a
transcript'' and inserting ``and, in any case in which the Commissioner
has not made a decision fully favorable to the individual, a
transcript''.
(b) Effective Date.--The amendment made by this section shall apply
with respect to final determinations issued (upon remand) on or after
the date of the enactment of this Act.
SEC. 412. NONPAYMENT OF BENEFITS UPON REMOVAL FROM THE UNITED STATES.
(a) In General.--Paragraphs (1) and (2) of section 202(n) of the
Social Security Act (42 U.S.C. 402(n)(1), (2)) are each amended by
striking ``or (1)(E)''.
(b) Effective Date.--The amendment made by this section to section
202(n)(1) of the Social Security Act shall apply to individuals with
respect to whom the Commissioner of Social Security receives a removal
notice from the Attorney General after the date of the enactment of
this Act. The amendment made by this section to section 202(n)(2) of
the Social Security Act shall apply with respect to removals occurring
after the date of the enactment of this Act.
SEC. 413. REINSTATEMENT OF CERTAIN REPORTING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset
Act of 1995 (31 U.S.C. 1113 note) shall not apply to any report
required to be submitted under any of the following provisions of law:
(1)(A) Section 201(c)(2) of the Social Security Act (42
U.S.C. 401(c)(2)).
(B) Section 1817(b)(2) of the Social Security Act (42
U.S.C. 1395i(b)(2)).
(C) Section 1841(b)(2) of the Social Security Act (42
U.S.C. 1395t(b)(2)).
(2)(A) Section 221(c)(3)(C) of the Social Security Act (42
U.S.C. 421(c)(3)(C)).
(B) Section 221(i)(3) of the Social Security Act (42 U.S.C.
421(i)(3)).
SEC. 414. CLARIFICATION OF DEFINITIONS REGARDING CERTAIN SURVIVOR
BENEFITS.
(a) Widows.--Section 216(c) of the Social Security Act (42 U.S.C.
416(c)) is amended--
(1) by redesignating subclauses (A) through (C) of clause
(6) as subclauses (i) through (iii), respectively;
(2) by redesignating clauses (1) through (6) as clauses (A)
through (F), respectively;
(3) in clause (E) (as redesignated), by inserting ``except
as provided in paragraph (2),'' before ``she was married'';
(4) by inserting ``(1)'' after ``(c)''; and
(5) by adding at the end the following new paragraph:
``(2) The requirements of paragraph (1)(E) in connection with the
surviving wife of an individual shall be treated as satisfied if--
``(A) the individual had been married prior to the
individual's marriage to the surviving wife,
``(B) the prior wife was institutionalized during the
individual's marriage to the prior wife due to mental
incompetence or similar incapacity,
``(C) during the period of the prior wife's
institutionalization, the individual would have divorced the
prior wife and married the surviving wife, but the individual
did not do so because such divorce would have been unlawful, by
reason of the prior wife's institutionalization, under the laws
of the State in which the individual was domiciled at the time
(as determined based on evidence satisfactory to the
Commissioner of Social Security),
``(D) the prior wife continued to remain institutionalized
up to the time of her death, and
``(E) the individual married the surviving wife within 60
days after the prior wife's death.''.
(b) Widowers.--Section 216(g) of such Act (42 U.S.C. 416(g)) is
amended--
(1) by redesignating subclauses (A) through (C) of clause
(6) as subclauses (i) through (iii), respectively;
(2) by redesignating clauses (1) through (6) as clauses (A)
through (F), respectively;
(3) in clause (E) (as redesignated), by inserting ``except
as provided in paragraph (2),'' before ``he was married'';
(4) by inserting ``(1)'' after ``(g)''; and
(5) by adding at the end the following new paragraph:
``(2) The requirements of paragraph (1)(E) in connection with the
surviving husband of an individual shall be treated as satisfied if--
``(A) the individual had been married prior to the
individual's marriage to the surviving husband,
``(B) the prior husband was institutionalized during the
individual's marriage to the prior husband due to mental
incompetence or similar incapacity,
``(C) during the period of the prior husband's
institutionalization, the individual would have divorced the
prior husband and married the surviving husband, but the
individual did not do so because such divorce would have been
unlawful, by reason of the prior husband's
institutionalization, under the laws of the State in which the
individual was domiciled at the time (as determined based on
evidence satisfactory to the Commissioner of Social Security),
``(D) the prior husband continued to remain
institutionalized up to the time of his death, and
``(E) the individual married the surviving husband within
60 days after the prior husband's death.''.
(c) Conforming Amendment.--Section 216(k) of such Act (42 U.S.C.
416(k)) is amended by striking ``clause (5) of subsection (c) or clause
(5) of subsection (g)'' and inserting ``clause (E) of subsection (c)(1)
or clause (E) of subsection (g)(1)''.
(d) Effective Date.--The amendments made by this section shall be
effective with respect to applications for benefits under title II of
the Social Security Act filed during months ending after the date of
the enactment of this Act.
SEC. 415. CLARIFICATION RESPECTING THE FICA AND SECA TAX EXEMPTIONS FOR
AN INDIVIDUAL WHOSE EARNINGS ARE SUBJECT TO THE LAWS OF A
TOTALIZATION AGREEMENT PARTNER.
Sections 1401(c), 3101(c), and 3111(c) of the Internal Revenue Code
of 1986 are each amended by striking ``to taxes or contributions for
similar purposes under'' and inserting ``exclusively to the laws
applicable to''.
SEC. 416. COVERAGE UNDER DIVIDED RETIREMENT SYSTEM FOR PUBLIC EMPLOYEES
IN KENTUCKY.
(a) In General.--Section 218(d)(6)(C) of the Social Security Act
(42 U.S.C. 418(d)(6)(C)) is amended by inserting ``Kentucky,'' after
``Illinois,''.
(b) Effective Date.--The amendment made by subsection (a) takes
effect on January 1, 2003.
SEC. 417. COMPENSATION FOR THE SOCIAL SECURITY ADVISORY BOARD.
(a) In General.--Subsection (f) of section 703 of the Social
Security Act (42 U.S.C. 903(f)) is amended to read as follows:
``Compensation, Expenses, and Per Diem
``(f) A member of the Board shall, for each day (including
traveltime) during which the member is attending meetings or
conferences of the Board or otherwise engaged in the business of the
Board, be compensated at the daily rate of basic pay for level IV of
the Executive Schedule. While serving on business of the Board away
from their homes or regular places of business, members may be allowed
travel expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code, for persons
in the Government employed intermittently.''.
(b) Effective Date.--The amendment made by this section shall be
effective as of January 1, 2003.
SEC. 418. 60-MONTH PERIOD OF EMPLOYMENT REQUIREMENT FOR APPLICATION OF
GOVERNMENT PENSION OFFSET EXEMPTION.
(a) Wife's Insurance Benefits.--Section 202(b)(4)(A) of the Social
Security Act (42 U.S.C. 402(b)(4)(A)) is amended by striking ``if, on''
and inserting ``if, during any portion of the last 60 months of such
service ending with''.
(b) Husband's Insurance Benefits.--Section 202(c)(2)(A) of such Act
(42 U.S.C. 402(c)(2)(A)) is amended by striking ``if, on'' and
inserting ``if, during any portion of the last 60 months of such
service ending with''.
(c) Widow's Insurance Benefits.--Section 202(e)(7)(A) of such Act
(42 U.S.C. 402(e)(7)(A)) is amended by striking ``if, on'' and
inserting ``if, during any portion of the last 60 months of such
service ending with''.
(d) Widower's Insurance Benefits.--Section 202(f)(2)(A) of such Act
(42 U.S.C. 402(f)(2)(A)) is amended by striking ``if, on'' and
inserting ``if, during any portion of the last 60 months of such
service ending with''.
(e) Mother's and Father's Insurance Benefits.--Section 202(g)(4)(A)
of the such Act (42 U.S.C. 402(g)(4)(A)) is amended by striking ``if,
on'' and inserting ```if, during any portion of the last 60 months of
such service ending with''.
(f) Effective Date.--The amendments made by this section shall
apply with respect to applications for benefits under title II of the
Social Security Act filed on or after the first day of the first month
that begins after the date of the enactment of this Act, except that
such amendments shall not apply in connection with monthly periodic
benefits of any individual based on earnings while in service described
in section 202(b)(4)(A), 202(c)(2)(A), 202(e)(7)(A), or 202(f)(2)(A) of
the Social Security Act (in the matter preceding clause (i) thereof)--
(1) if the last day of such service occurs before the end
of the 90-day period following the date of the enactment of
this Act, or
(2) in any case in which the last day of such service
occurs after the end of such 90-day period, such individual
performed such service during such 90-day period which
constituted ``employment'' as defined in section 210 of such
Act, and all such service subsequently performed by such
individual has constituted such ``employment''.
Subtitle C--Technical Amendments
SEC. 421. TECHNICAL CORRECTION RELATING TO RESPONSIBLE AGENCY HEAD.
Section 1143 of the Social Security Act (42 U.S.C. 1320b-13) is
amended--
(1) by striking ``Secretary'' the first place it appears
and inserting ``Commissioner of Social Security''; and
(2) by striking ``Secretary'' each subsequent place it
appears and inserting ``Commissioner''.
SEC. 422. TECHNICAL CORRECTION RELATING TO RETIREMENT BENEFITS OF
MINISTERS.
(a) In General.--Section 211(a)(7) of the Social Security Act (42
U.S.C. 411(a)(7)) is amended by inserting ``, but shall not include in
any such net earnings from self-employment the rental value of any
parsonage or any parsonage allowance (whether or not excluded under
section 107 of the Internal Revenue Code of 1986) provided after the
individual retires, or any other retirement benefit received by such
individual from a church plan (as defined in section 414(e) of such
Code) after the individual retires'' before the semicolon.
(b) Effective Date.--The amendment made by this section shall apply
to years beginning before, on, or after December 31, 1994.
SEC. 423. TECHNICAL CORRECTIONS RELATING TO DOMESTIC EMPLOYMENT.
(a) Amendment to Internal Revenue Code.--Section 3121(a)(7)(B) of
the Internal Revenue Code of 1986 is amended by striking ``described in
subsection (g)(5)'' and inserting ``on a farm operated for profit''.
(b) Amendment to Social Security Act.--Section 209(a)(6)(B) of the
Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended by striking
``described in section 210(f)(5)'' and inserting ``on a farm operated
for profit''.
(c) Conforming Amendment.--Section 3121(g)(5) of such Code and
section 210(f)(5) of such Act (42 U.S.C. 410(f)(5)) are amended by
striking ``or is domestic service in a private home of the employer''.
SEC. 424. TECHNICAL CORRECTIONS OF OUTDATED REFERENCES.
(a) Correction of Terminology and Citations Respecting Removal From
the United States.--Section 202(n) of the Social Security Act (42
U.S.C. 402(n)) (as amended by section 412) is amended further--
(1) by striking ``deportation'' each place it appears and
inserting ``removal'';
(2) by striking ``deported'' each place it appears and
inserting ``removed'';
(3) in paragraph (1) (in the matter preceding subparagraph
(A)), by striking ``under section 241(a) (other than under
paragraph (1)(C) thereof)'' and inserting ``under section
237(a) (other than paragraph (1)(C) thereof) or 212(a)(6)(A)'';
(4) in paragraph (2), by striking ``under any of the
paragraphs of section 241(a) of the Immigration and Nationality
Act (other than under paragraph (1)(C) thereof)'' and inserting
``under any of the paragraphs of section 237(a) of the
Immigration and Nationality Act (other than paragraph (1)(C)
thereof) or under section 212(a)(6)(A) of such Act'';
(5) in paragraph (3)--
(A) by striking ``paragraph (19) of section
241(a)'' and inserting ``subparagraph (D) of section
237(a)(4)''; and
(B) by striking ``paragraph (19)'' and inserting
``subparagraph (D)''; and
(6) in the heading, by striking ``Deportation'' and
inserting ``Removal''.
(b) Correction of Citation Respecting the Tax Deduction Relating to
Health Insurance Costs of Self-Employed Individuals.--Section
211(a)(15) of such Act (42 U.S.C. 411(a)(15)) is amended by striking
``section 162(m)'' and inserting ``section 162(l)''.
(c) Elimination of Reference to Obsolete 20-Day Agricultural Work
Test.--Section 3102(a) of the Internal Revenue Code of 1986 is amended
by striking ``and the employee has not performed agricultural labor for
the employer on 20 days or more in the calendar year for cash
remuneration computed on a time basis''.
SEC. 425. TECHNICAL CORRECTION RESPECTING SELF-EMPLOYMENT INCOME IN
COMMUNITY PROPERTY STATES.
(a) Social Security Act Amendment.--Section 211(a)(5)(A) of the
Social Security Act (42 U.S.C. 411(a)(5)(A)) is amended by striking
``all of the gross income'' and all that follows and inserting ``the
gross income and deductions attributable to such trade or business
shall be treated as the gross income and deductions of the spouse
carrying on such trade or business or, if such trade or business is
jointly operated, treated as the gross income and deductions of each
spouse on the basis of their respective distributive share of the gross
income and deductions;''.
(b) Internal Revenue Code of 1986 Amendment.--Section 1402(a)(5)(A)
of the Internal Revenue Code of 1986 is amended by striking ``all of
the gross income'' and all that follows and inserting ``the gross
income and deductions attributable to such trade or business shall be
treated as the gross income and deductions of the spouse carrying on
such trade or business or, if such trade or business is jointly
operated, treated as the gross income and deductions of each spouse on
the basis of their respective distributive share of the gross income
and deductions; and''.
Passed the House of Representatives April 2, 2003.
Attest:
Clerk.