[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 743 Reported in Senate (RS)]
Calendar No. 349
108th CONGRESS
1st Session
H. R. 743
[Report No. 108-176]
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 3, 2003
Received; read twice and referred to the Committee on Finance
October 29, 2003
Reported by Mr. Grassley, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
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,
<DELETED>SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>
<DELETED> (a) Short Title.--This Act may be cited as the ``Social
Security Protection Act of 2003''.</DELETED>
<DELETED> (b) Table of Contents.--The table of contents is as
follows:</DELETED>
<DELETED>Sec. 1. Short title and table of contents.
<DELETED>TITLE I--PROTECTION OF BENEFICIARIES
<DELETED>Subtitle A--Representative Payees
<DELETED>Sec. 101. Authority to reissue benefits misused by
organizational representative payees.
<DELETED>Sec. 102. Oversight of representative payees.
<DELETED>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.
<DELETED>Sec. 104. Fee forfeiture in case of benefit misuse by
representative payees.
<DELETED>Sec. 105. Liability of representative payees for misused
benefits.
<DELETED>Sec. 106. Authority to redirect delivery of benefit payments
when a representative payee fails to
provide required accounting.
<DELETED>Subtitle B--Enforcement
<DELETED>Sec. 111. Civil monetary penalty authority with respect to
wrongful conversions by representative
payees.
<DELETED>TITLE II--PROGRAM PROTECTIONS
<DELETED>Sec. 201. Civil monetary penalty authority with respect to
knowing withholding of material facts.
<DELETED>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.
<DELETED>Sec. 203. Denial of title II benefits to persons fleeing
prosecution, custody, or confinement, and
to persons violating probation or parole.
<DELETED>Sec. 204. Requirements relating to offers to provide for a fee
a product or service available without
charge from the Social Security
Administration.
<DELETED>Sec. 205. Refusal to recognize certain individuals as claimant
representatives.
<DELETED>Sec. 206. Penalty for corrupt or forcible interference with
administration of Social Security Act.
<DELETED>Sec. 207. Use of symbols, emblems, or names in reference to
social security or medicare.
<DELETED>Sec. 208. Disqualification from payment during trial work
period upon conviction of fraudulent
concealment of work activity.
<DELETED>Sec. 209. Authority for judicial orders of restitution.
<DELETED>TITLE III--ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS
<DELETED>Sec. 301. Cap on attorney assessments.
<DELETED>Sec. 302. Extension of attorney fee payment system to title
XVI claims.
<DELETED>TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
<DELETED>Subtitle A--Amendments Relating to the Ticket to Work and Work
Incentives Improvement Act of 1999
<DELETED>Sec. 401. Application of demonstration authority sunset date
to new projects.
<DELETED>Sec. 402. Expansion of waiver authority available in
connection with demonstration projects
providing for reductions in disability
insurance benefits based on earnings.
<DELETED>Sec. 403. Funding of demonstration projects provided for
reductions in disability insurance benefits
based on earnings.
<DELETED>Sec. 404. Availability of Federal and State work incentive
services to additional individuals.
<DELETED>Sec. 405. Technical amendment clarifying treatment for certain
purposes of individual work plans under the
Ticket to Work and Self-Sufficiency
Program.
<DELETED>Subtitle B--Miscellaneous Amendments
<DELETED>Sec. 411. Elimination of transcript requirement in remand
cases fully favorable to the claimant.
<DELETED>Sec. 412. Nonpayment of benefits upon removal from the United
States.
<DELETED>Sec. 413. Reinstatement of certain reporting requirements.
<DELETED>Sec. 414. Clarification of definitions regarding certain
survivor benefits.
<DELETED>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.
<DELETED>Sec. 416. Coverage under divided retirement system for public
employees in Kentucky.
<DELETED>Sec. 417. Compensation for the Social Security Advisory Board.
<DELETED>Sec. 418. 60-month period of employment requirement for
application of government pension offset
exemption.
<DELETED>Subtitle C--Technical Amendments
<DELETED>Sec. 421. Technical correction relating to responsible agency
head.
<DELETED>Sec. 422. Technical correction relating to retirement benefits
of ministers.
<DELETED>Sec. 423. Technical corrections relating to domestic
employment.
<DELETED>Sec. 424. Technical corrections of outdated references.
<DELETED>Sec. 425. Technical correction respecting self-employment
income in community property States.
<DELETED>TITLE I--PROTECTION OF BENEFICIARIES</DELETED>
<DELETED>Subtitle A--Representative Payees</DELETED>
<DELETED>SEC. 101. AUTHORITY TO REISSUE BENEFITS MISUSED BY
ORGANIZATIONAL REPRESENTATIVE PAYEES.</DELETED>
<DELETED> (a) Title II Amendments.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> ``(A) is not an individual (regardless of whether
it is a `qualified organization' within the meaning of
paragraph (4)(B)); or</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED>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).''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Title VIII Amendments.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> ``(A) is not an individual; or</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED>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).''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (c) Title XVI Amendments.--</DELETED>
<DELETED> (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--</DELETED>
<DELETED> ``(i) is not an individual (regardless of whether
it is a `qualified organization' within the meaning of
subparagraph (D)(ii)); or</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED>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).''.</DELETED>
<DELETED> (2) Exclusion of reissued benefits from
resources.--Section 1613(a) of such Act (42 U.S.C. 1382b(a)) is
amended--</DELETED>
<DELETED> (A) in paragraph (12), by striking ``and''
at the end;</DELETED>
<DELETED> (B) in paragraph (13), by striking the
period and inserting ``; and''; and</DELETED>
<DELETED> (C) by inserting after paragraph (13) the
following new paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES.</DELETED>
<DELETED> (a) Certification of Bonding and Licensing Requirements
for Nongovernmental Organizational Representative Payees.--</DELETED>
<DELETED> (1) Title ii amendments.--Section 205(j) of the
Social Security Act (42 U.S.C. 405(j)) is amended--</DELETED>
<DELETED> (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))'';</DELETED>
<DELETED> (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))'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (D) by adding after paragraph (8) (as
added by section 101(a)(2) of this Act) the following
new paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (2) Title xvi amendments.--Section 1631(a)(2) of
such Act (42 U.S.C. 1383(a)(2)) is amended--</DELETED>
<DELETED> (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))'';</DELETED>
<DELETED> (B) in subparagraph (D)(ii)--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (ii) by redesignating items (aa)
and (bb) as subclauses (I) and (II),
respectively (and adjusting the margination
accordingly); and</DELETED>
<DELETED> (iii) by striking ``subclause
(II)(bb)'' and inserting ``subclause (II)'';
and</DELETED>
<DELETED> (C) by adding at the end the following new
subparagraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Periodic Onsite Review.--</DELETED>
<DELETED> (1) Title ii amendment.--Section 205(j)(6) of such
Act (42 U.S.C. 405(j)(6)) is amended to read as
follows:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the representative payee is a person who
serves in that capacity with respect to 15 or more such
individuals;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the number of such reviews;</DELETED>
<DELETED> ``(ii) the results of such reviews;</DELETED>
<DELETED> ``(iii) the number of cases in which the
representative payee was changed and why;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(v) the number of cases discovered in which
there was a misuse of funds;</DELETED>
<DELETED> ``(vi) how any such cases of misuse of funds were
dealt with by the Commissioner;</DELETED>
<DELETED> ``(vii) the final disposition of such cases of
misuse of funds, including any criminal penalties imposed;
and</DELETED>
<DELETED> ``(viii) such other information as the
Commissioner deems appropriate.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the representative payee is a person who
serves in that capacity with respect to 15 or more such
individuals; or</DELETED>
<DELETED> ``(B) the representative payee is an agency that
serves in that capacity with respect to 50 or more such
individuals.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) the number of such reviews;</DELETED>
<DELETED> ``(B) the results of such reviews;</DELETED>
<DELETED> ``(C) the number of cases in which the
representative payee was changed and why;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(E) the number of cases discovered in which
there was a misuse of funds;</DELETED>
<DELETED> ``(F) how any such cases of misuse of funds were
dealt with by the Commissioner;</DELETED>
<DELETED> ``(G) the final disposition of such cases of
misuse of funds, including any criminal penalties imposed;
and</DELETED>
<DELETED> ``(H) such other information as the Commissioner
deems appropriate.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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--
</DELETED>
<DELETED> ``(I) the representative payee is a person who
serves in that capacity with respect to 15 or more such
individuals;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) the number of the reviews;</DELETED>
<DELETED> ``(II) the results of such reviews;</DELETED>
<DELETED> ``(III) the number of cases in which the
representative payee was changed and why;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(V) the number of cases discovered in which
there was a misuse of funds;</DELETED>
<DELETED> ``(VI) how any such cases of misuse of funds were
dealt with by the Commissioner;</DELETED>
<DELETED> ``(VII) the final disposition of such cases of
misuse of funds, including any criminal penalties imposed;
and</DELETED>
<DELETED> ``(VIII) such other information as the
Commissioner deems appropriate.''.</DELETED>
<DELETED>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.</DELETED>
<DELETED> (a) Title II Amendments.--Section 205(j)(2) of the Social
Security Act (42 U.S.C. 405(j)(2)) is amended--</DELETED>
<DELETED> (1) in subparagraph (B)(i)--</DELETED>
<DELETED> (A) by striking ``and'' at the end of
subclause (III);</DELETED>
<DELETED> (B) by redesignating subclause (IV) as
subclause (VI); and</DELETED>
<DELETED> (C) by inserting after subclause (III) the
following new subclauses:</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED> ``(V) obtain information concerning whether such
person is a person described in section 202(x)(1)(A)(iv),
and'';</DELETED>
<DELETED> (2) in subparagraph (B), by adding at the end the
following new clause:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) such person is described in section
202(x)(1)(A)(iv),</DELETED>
<DELETED> ``(II) such person has information that is
necessary for the officer to conduct the officer's official
duties, and</DELETED>
<DELETED> ``(III) the location or apprehension of such
person is within the officer's official duties.'';</DELETED>
<DELETED> (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</DELETED>
<DELETED> (4) in subparagraph (C)(i)--</DELETED>
<DELETED> (A) by striking ``or'' at the end of
subclause (II);</DELETED>
<DELETED> (B) by striking the period at the end of
subclause (III) and inserting a comma; and</DELETED>
<DELETED> (C) by adding at the end the following new
subclauses:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(V) such person is person described in section
202(x)(1)(A)(iv).''.</DELETED>
<DELETED> (b) Title VIII Amendments.--Section 807 of such Act (42
U.S.C. 1007) is amended--</DELETED>
<DELETED> (1) in subsection (b)(2)--</DELETED>
<DELETED> (A) by striking ``and'' at the end of
subparagraph (C);</DELETED>
<DELETED> (B) by redesignating subparagraph (D) as
subparagraph (F); and</DELETED>
<DELETED> (C) by inserting after subparagraph (C)
the following new subparagraphs:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(E) obtain information concerning
whether such person is a person described in section
804(a)(2); and'';</DELETED>
<DELETED> (2) in subsection (b), by adding at the end the
following new paragraph:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(A) such person is described in section
804(a)(2),</DELETED>
<DELETED> ``(B) such person has information that is
necessary for the officer to conduct the officer's
official duties, and</DELETED>
<DELETED> ``(C) the location or apprehension of such
person is within the officer's official duties.'';
and</DELETED>
<DELETED> (3) in subsection (d)(1)--</DELETED>
<DELETED> (A) by striking ``or'' at the end of
subparagraph (B);</DELETED>
<DELETED> (B) by striking the period at the end of
subparagraph (C) and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the following new
subparagraphs:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(E) such person is a person described in
section 804(a)(2).''.</DELETED>
<DELETED> (c) Title XVI Amendments.--Section 1631(a)(2)(B) of such
Act (42 U.S.C. 1383(a)(2)(B)) is amended--</DELETED>
<DELETED> (1) in clause (ii)--</DELETED>
<DELETED> (A) by striking ``and'' at the end of
subclause (III);</DELETED>
<DELETED> (B) by redesignating subclause (IV) as
subclause (VI); and</DELETED>
<DELETED> (C) by inserting after subclause (III) the
following new subclauses:</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(V) obtain information concerning whether such
person is a person described in section 1611(e)(4)(A);
and'';</DELETED>
<DELETED> (2) in clause (iii)(II)--</DELETED>
<DELETED> (A) by striking ``clause (ii)(IV)'' and
inserting ``clause (ii)(VI)''; and</DELETED>
<DELETED> (B) by striking ``section
205(j)(2)(B)(i)(IV)'' and inserting ``section
205(j)(2)(B)(i)(VI)'';</DELETED>
<DELETED> (3) in clause (iii)--</DELETED>
<DELETED> (A) by striking ``or'' at the end of
subclause (II);</DELETED>
<DELETED> (B) by striking the period at the end of
subclause (III) and inserting a semicolon;
and</DELETED>
<DELETED> (C) by adding at the end the following new
subclauses:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(V) such person is a person described in section
1611(e)(4)(A).''; and</DELETED>
<DELETED> (4) by adding at the end the following new
clause:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(I) such person is described in section
1611(e)(4)(A),</DELETED>
<DELETED> ``(II) such person has information that is
necessary for the officer to conduct the officer's official
duties, and</DELETED>
<DELETED> ``(III) the location or apprehension of such
person is within the officer's official duties.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 104. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY
REPRESENTATIVE PAYEES.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in the first sentence, by striking ``A'' and
inserting ``Except as provided in the next sentence, a'';
and</DELETED>
<DELETED> (2) in the second sentence, by striking ``The
Secretary'' and inserting the following:</DELETED>
<DELETED>``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''.</DELETED>
<DELETED> (b) Title XVI Amendments.--Section 1631(a)(2)(D)(i) of
such Act (42 U.S.C. 1383(a)(2)(D)(i)) is amended--</DELETED>
<DELETED> (1) in the first sentence, by striking ``A'' and
inserting ``Except as provided in the next sentence, a'';
and</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 105. LIABILITY OF REPRESENTATIVE PAYEES FOR MISUSED
BENEFITS.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by redesignating paragraphs (7), (8), and (9)
as paragraphs (8), (9), and (10), respectively;</DELETED>
<DELETED> (2) in paragraphs (2)(C)(v), (3)(F), and (4)(B),
by striking ``paragraph (9)'' and inserting ``paragraph
(10)'';</DELETED>
<DELETED> (3) in paragraph (6)(A)(ii), by striking
``paragraph (9)'' and inserting ``paragraph (10)'';
and</DELETED>
<DELETED> (4) by inserting after paragraph (6) the following
new paragraph:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(l) Liability for Misused Amounts.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) in subparagraph (G)(i)(II), by striking
``section 205(j)(9)'' and inserting ``section 205(j)(10)'';
and</DELETED>
<DELETED> (2) by striking subparagraph (H) and inserting the
following:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 106. AUTHORITY TO REDIRECT DELIVERY OF BENEFIT PAYMENTS
WHEN A REPRESENTATIVE PAYEE FAILS TO PROVIDE REQUIRED
ACCOUNTING.</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and</DELETED>
<DELETED> (2) by inserting after subparagraph (D) the
following new subparagraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Title VIII Amendments.--Section 807(h) of such Act (42
U.S.C. 1007(h)) is amended--</DELETED>
<DELETED> (1) by redesignating paragraphs (3) and (4) as
paragraphs (4) and (5), respectively; and</DELETED>
<DELETED> (2) by inserting after paragraph (2) the following
new paragraph:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (d) Effective Date.--The amendment made by this section
shall take effect 180 days after the date of the enactment of this
Act.</DELETED>
<DELETED>Subtitle B--Enforcement</DELETED>
<DELETED>SEC. 111. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO
WRONGFUL CONVERSIONS BY REPRESENTATIVE PAYEES.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE II--PROGRAM PROTECTIONS</DELETED>
<DELETED>SEC. 201. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO
KNOWING WITHHOLDING OF MATERIAL FACTS.</DELETED>
<DELETED> (a) Treatment of Withholding of Material Facts.--
</DELETED>
<DELETED> (1) Civil penalties.--Section 1129(a)(1) of the
Social Security Act (42 U.S.C. 1320a-8(a)(1)) is amended--
</DELETED>
<DELETED> (A) by striking ``who'' in the first
sentence and inserting ``who--'';</DELETED>
<DELETED> (B) by striking ``makes'' in the first
sentence and all that follows through ``shall be
subject to,'' and inserting the following:</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED> ``(B) makes such a statement or representation for
such use with knowing disregard for the truth, or</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>shall be subject to,'';</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (E) by inserting ``or such a withholding
of disclosure'' after ``such a statement or
representation'' in the second sentence.</DELETED>
<DELETED> (2) Administrative procedure for imposing
penalties.--Section 1129A(a) of such Act (42 U.S.C. 1320a-
8a(a)) is amended--</DELETED>
<DELETED> (A) by striking ``who'' the first place it
appears and inserting ``who--''; and</DELETED>
<DELETED> (B) by striking ``makes'' and all that
follows through ``shall be subject to,'' and inserting
the following:</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED> ``(2) makes such a statement or representation for
such use with knowing disregard for the truth, or</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>shall be subject to,''.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (c) Conforming Amendments.--</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>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.</DELETED>
<DELETED> 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.</DELETED>
<DELETED>SEC. 203. DENIAL OF TITLE II BENEFITS TO PERSONS FLEEING
PROSECUTION, CUSTODY, OR CONFINEMENT, AND TO PERSONS
VIOLATING PROBATION OR PAROLE.</DELETED>
<DELETED> (a) In General.--Section 202(x) of the Social Security Act
(42 U.S.C. 402(x)) is amended--</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (2) in paragraph (1)(A)(ii)(IV), by striking
``or'' at the end;</DELETED>
<DELETED> (3) in paragraph (1)(A)(iii), by striking the
period at the end and inserting a comma;</DELETED>
<DELETED> (4) by inserting after paragraph (1)(A)(iii) the
following:</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(v) is violating a condition of probation or
parole imposed under Federal or State law.</DELETED>
<DELETED>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</DELETED>
<DELETED> (5) in paragraph (3), by adding at the end the
following new subparagraph:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) the beneficiary--</DELETED>
<DELETED> ``(I) is described in clause (iv) or (v)
of paragraph (1)(A); and</DELETED>
<DELETED> ``(II) has information that is necessary
for the officer to conduct the officer's official
duties; and</DELETED>
<DELETED> ``(ii) the location or apprehension of the
beneficiary is within the officer's official
duties.''.</DELETED>
<DELETED> (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)).</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 204. REQUIREMENTS RELATING TO OFFERS TO PROVIDE FOR A FEE
A PRODUCT OR SERVICE AVAILABLE WITHOUT CHARGE FROM THE
SOCIAL SECURITY ADMINISTRATION.</DELETED>
<DELETED> (a) In General.--Section 1140 of the Social Security Act
(42 U.S.C. 1320b-10) is amended--</DELETED>
<DELETED> (1) in subsection (a), by adding at the end the
following new paragraph:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(i) explains that the product or service is
available free of charge from the Social Security
Administration, and</DELETED>
<DELETED> ``(ii) complies with standards prescribed by the
Commissioner of Social Security respecting the content of such
notice and its placement, visibility, and legibility.</DELETED>
<DELETED> ``(B) Subparagraph (A) shall not apply to any offer--
</DELETED>
<DELETED> ``(i) to serve as a claimant representative in
connection with a claim arising under title II, title VIII, or
title XVI; or</DELETED>
<DELETED> ``(ii) to prepare, or assist in the preparation
of, an individual's plan for achieving self-support under title
XVI.''; and</DELETED>
<DELETED> (2) in the heading, by striking ``prohibition of
misuse of symbols, emblems, or names in reference'' and
inserting ``prohibitions relating to references''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 205. REFUSAL TO RECOGNIZE CERTAIN INDIVIDUALS AS CLAIMANT
REPRESENTATIVES.</DELETED>
<DELETED> 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.''.</DELETED>
<DELETED>SEC. 206. PENALTY FOR CORRUPT OR FORCIBLE INTERFERENCE WITH
ADMINISTRATION OF SOCIAL SECURITY ACT.</DELETED>
<DELETED> 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:</DELETED>
<DELETED>``attempts to interfere with administration of social security
act</DELETED>
<DELETED> ``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.''.</DELETED>
<DELETED>SEC. 207. USE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO
SOCIAL SECURITY OR MEDICARE.</DELETED>
<DELETED> (a) In General.--Section 1140(a)(1) of the Social Security
Act (42 U.S.C. 1320b-10(a)(1)) is amended--</DELETED>
<DELETED> (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','';</DELETED>
<DELETED> (2) in subparagraph (B), by inserting ``Centers
for Medicare & Medicaid Services,'' after ``Health Care
Financing Administration,'' each place it appears;
and</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 208. DISQUALIFICATION FROM PAYMENT DURING TRIAL WORK
PERIOD UPON CONVICTION OF FRAUDULENT CONCEALMENT OF WORK
ACTIVITY.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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,</DELETED>
<DELETED>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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF
RESTITUTION.</DELETED>
<DELETED> (a) Amendments to Title II.--Section 208 of the Social
Security Act (42 U.S.C. 408) is amended--</DELETED>
<DELETED> (1) by redesignating subsections (b), (c), and (d)
as subsections (c), (d), and (e), respectively; and</DELETED>
<DELETED> (2) by inserting after subsection (a) the
following new subsection:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Amendments to Title VIII.--Section 807(i) of such Act
(42 U.S.C. 1007(i)) is amended--</DELETED>
<DELETED> (1) by striking ``(i) Restitution.--In any case
where'' and inserting the following:</DELETED>
<DELETED> ``(i) Restitution.--</DELETED>
<DELETED> ``(1) In general.--In any case where'';
and</DELETED>
<DELETED> (2) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(2) Court order for restitution.--</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (c) Amendments to Title XVI.--Section 1632 of such Act (42
U.S.C. 1383a) is amended--</DELETED>
<DELETED> (1) by redesignating subsection (b) as subsection
(c); and</DELETED>
<DELETED> (2) by inserting after subsection (a) the
following new subsection:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE III--ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS</DELETED>
<DELETED>SEC. 301. CAP ON ATTORNEY ASSESSMENTS.</DELETED>
<DELETED> (a) In General.--Section 206(d)(2)(A) of the Social
Security Act (42 U.S.C. 406(d)(2)(A)) is amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 302. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE
XVI CLAIMS.</DELETED>
<DELETED> (a) In General.--Section 1631(d)(2) of the Social Security
Act (42 U.S.C. 1383(d)(2)) is amended--</DELETED>
<DELETED> (1) in subparagraph (A), in the matter preceding
clause (i)--</DELETED>
<DELETED> (A) by striking ``section 206(a)'' and
inserting ``section 206'';</DELETED>
<DELETED> (B) by striking ``(other than paragraph
(4) thereof)'' and inserting ``(other than subsections
(a)(4) and (d) thereof)''; and</DELETED>
<DELETED> (C) by striking ``paragraph (2) thereof''
and inserting ``such section'';</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (3) by striking subparagraph (A)(ii) and inserting
the following:</DELETED>
<DELETED> ``(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';</DELETED>
<DELETED> ``(iii) by substituting, in subsection
(a)(2)(C)(i), the phrase `under title II' for the phrase `under
title XVI';</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> (4) by striking subparagraph (B) and inserting the
following new subparagraphs:</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(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</DELETED>
<DELETED> ``(ii) the amount of past-due benefits available
after any applicable reductions under sections 1631(g) and
1127(a).</DELETED>
<DELETED> ``(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).</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(v) Assessments on attorneys collected under this
subparagraph shall be deposited in the Treasury in a separate fund
created for this purpose.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Effective Date.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (c) Study Regarding Fee-Withholding for Non-Attorney
Representatives.--</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (2) Matters to be studied.--In conducting the
study under this subsection, the Comptroller General shall--
</DELETED>
<DELETED> (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--</DELETED>
<DELETED> (i) their training,
qualifications, and competency,</DELETED>
<DELETED> (ii) the type and quality of
services provided, and</DELETED>
<DELETED> (iii) the extent to which
claimants are protected through oversight of
such representatives by the Social Security
Administration or other organizations,
and</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS</DELETED>
<DELETED>Subtitle A--Amendments Relating to the Ticket to Work and Work
Incentives Improvement Act of 1999</DELETED>
<DELETED>SEC. 401. APPLICATION OF DEMONSTRATION AUTHORITY SUNSET DATE
TO NEW PROJECTS.</DELETED>
<DELETED> Section 234 of the Social Security Act (42 U.S.C. 434) is
amended--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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.''.</DELETED>
<DELETED>SEC. 402. EXPANSION OF WAIVER AUTHORITY AVAILABLE IN
CONNECTION WITH DEMONSTRATION PROJECTS PROVIDING FOR
REDUCTIONS IN DISABILITY INSURANCE BENEFITS BASED ON
EARNINGS.</DELETED>
<DELETED> 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,''.</DELETED>
<DELETED>SEC. 403. FUNDING OF DEMONSTRATION PROJECTS PROVIDED FOR
REDUCTIONS IN DISABILITY INSURANCE BENEFITS BASED ON
EARNINGS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED>SEC. 404. AVAILABILITY OF FEDERAL AND STATE WORK INCENTIVE
SERVICES TO ADDITIONAL INDIVIDUALS.</DELETED>
<DELETED> (a) Federal Work Incentives Outreach Program.--</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(2) Disabled beneficiary.--The term `disabled
beneficiary' means an individual--</DELETED>
<DELETED> ``(A) who is a disabled beneficiary as
defined in section 1148(k)(2) of this Act;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(C) who, pursuant to section 1619(b) of
this Act, is considered to be receiving benefits under
title XVI of this Act; or</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) State Grants for Work Incentives Assistance.--
</DELETED>
<DELETED> (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:</DELETED>
<DELETED> ``(2) Disabled beneficiary.--The term `disabled
beneficiary' means an individual--</DELETED>
<DELETED> ``(A) who is a disabled beneficiary as
defined in section 1148(k)(2) of this Act;</DELETED>
<DELETED> ``(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);</DELETED>
<DELETED> ``(C) who, pursuant to section 1619(b) of
this Act, is considered to be receiving benefits under
title XVI of this Act; or</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 405. TECHNICAL AMENDMENT CLARIFYING TREATMENT FOR CERTAIN
PURPOSES OF INDIVIDUAL WORK PLANS UNDER THE TICKET TO
WORK AND SELF-SUFFICIENCY PROGRAM.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``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.''.</DELETED>
<DELETED> (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).</DELETED>
<DELETED>Subtitle B--Miscellaneous Amendments</DELETED>
<DELETED>SEC. 411. ELIMINATION OF TRANSCRIPT REQUIREMENT IN REMAND
CASES FULLY FAVORABLE TO THE CLAIMANT.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 412. NONPAYMENT OF BENEFITS UPON REMOVAL FROM THE UNITED
STATES.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>SEC. 413. REINSTATEMENT OF CERTAIN REPORTING
REQUIREMENTS.</DELETED>
<DELETED> 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:</DELETED>
<DELETED> (1)(A) Section 201(c)(2) of the Social Security
Act (42 U.S.C. 401(c)(2)).</DELETED>
<DELETED> (B) Section 1817(b)(2) of the Social Security Act
(42 U.S.C. 1395i(b)(2)).</DELETED>
<DELETED> (C) Section 1841(b)(2) of the Social Security Act
(42 U.S.C. 1395t(b)(2)).</DELETED>
<DELETED> (2)(A) Section 221(c)(3)(C) of the Social Security
Act (42 U.S.C. 421(c)(3)(C)).</DELETED>
<DELETED> (B) Section 221(i)(3) of the Social Security Act
(42 U.S.C. 421(i)(3)).</DELETED>
<DELETED>SEC. 414. CLARIFICATION OF DEFINITIONS REGARDING CERTAIN
SURVIVOR BENEFITS.</DELETED>
<DELETED> (a) Widows.--Section 216(c) of the Social Security Act (42
U.S.C. 416(c)) is amended--</DELETED>
<DELETED> (1) by redesignating subclauses (A) through (C) of
clause (6) as subclauses (i) through (iii),
respectively;</DELETED>
<DELETED> (2) by redesignating clauses (1) through (6) as
clauses (A) through (F), respectively;</DELETED>
<DELETED> (3) in clause (E) (as redesignated), by inserting
``except as provided in paragraph (2),'' before ``she was
married'';</DELETED>
<DELETED> (4) by inserting ``(1)'' after ``(c)'';
and</DELETED>
<DELETED> (5) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(2) The requirements of paragraph (1)(E) in connection
with the surviving wife of an individual shall be treated as satisfied
if--</DELETED>
<DELETED> ``(A) the individual had been married prior to the
individual's marriage to the surviving wife,</DELETED>
<DELETED> ``(B) the prior wife was institutionalized during
the individual's marriage to the prior wife due to mental
incompetence or similar incapacity,</DELETED>
<DELETED> ``(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),</DELETED>
<DELETED> ``(D) the prior wife continued to remain
institutionalized up to the time of her death, and</DELETED>
<DELETED> ``(E) the individual married the surviving wife
within 60 days after the prior wife's death.''.</DELETED>
<DELETED> (b) Widowers.--Section 216(g) of such Act (42 U.S.C.
416(g)) is amended--</DELETED>
<DELETED> (1) by redesignating subclauses (A) through (C) of
clause (6) as subclauses (i) through (iii),
respectively;</DELETED>
<DELETED> (2) by redesignating clauses (1) through (6) as
clauses (A) through (F), respectively;</DELETED>
<DELETED> (3) in clause (E) (as redesignated), by inserting
``except as provided in paragraph (2),'' before ``he was
married'';</DELETED>
<DELETED> (4) by inserting ``(1)'' after ``(g)'';
and</DELETED>
<DELETED> (5) by adding at the end the following new
paragraph:</DELETED>
<DELETED> ``(2) The requirements of paragraph (1)(E) in connection
with the surviving husband of an individual shall be treated as
satisfied if--</DELETED>
<DELETED> ``(A) the individual had been married prior to the
individual's marriage to the surviving husband,</DELETED>
<DELETED> ``(B) the prior husband was institutionalized
during the individual's marriage to the prior husband due to
mental incompetence or similar incapacity,</DELETED>
<DELETED> ``(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),</DELETED>
<DELETED> ``(D) the prior husband continued to remain
institutionalized up to the time of his death, and</DELETED>
<DELETED> ``(E) the individual married the surviving husband
within 60 days after the prior husband's death.''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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.</DELETED>
<DELETED>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.</DELETED>
<DELETED> 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''.</DELETED>
<DELETED>SEC. 416. COVERAGE UNDER DIVIDED RETIREMENT SYSTEM FOR PUBLIC
EMPLOYEES IN KENTUCKY.</DELETED>
<DELETED> (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,''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by subsection (a)
takes effect on January 1, 2003.</DELETED>
<DELETED>SEC. 417. COMPENSATION FOR THE SOCIAL SECURITY ADVISORY
BOARD.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Compensation, Expenses, and Per Diem</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by this section
shall be effective as of January 1, 2003.</DELETED>
<DELETED>SEC. 418. 60-MONTH PERIOD OF EMPLOYMENT REQUIREMENT FOR
APPLICATION OF GOVERNMENT PENSION OFFSET
EXEMPTION.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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)--</DELETED>
<DELETED> (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</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>Subtitle C--Technical Amendments</DELETED>
<DELETED>SEC. 421. TECHNICAL CORRECTION RELATING TO RESPONSIBLE AGENCY
HEAD.</DELETED>
<DELETED> Section 1143 of the Social Security Act (42 U.S.C. 1320b-
13) is amended--</DELETED>
<DELETED> (1) by striking ``Secretary'' the first place it
appears and inserting ``Commissioner of Social Security'';
and</DELETED>
<DELETED> (2) by striking ``Secretary'' each subsequent
place it appears and inserting ``Commissioner''.</DELETED>
<DELETED>SEC. 422. TECHNICAL CORRECTION RELATING TO RETIREMENT BENEFITS
OF MINISTERS.</DELETED>
<DELETED> (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.</DELETED>
<DELETED> (b) Effective Date.--The amendment made by this section
shall apply to years beginning before, on, or after December 31,
1994.</DELETED>
<DELETED>SEC. 423. TECHNICAL CORRECTIONS RELATING TO DOMESTIC
EMPLOYMENT.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 424. TECHNICAL CORRECTIONS OF OUTDATED
REFERENCES.</DELETED>
<DELETED> (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--
</DELETED>
<DELETED> (1) by striking ``deportation'' each place it
appears and inserting ``removal'';</DELETED>
<DELETED> (2) by striking ``deported'' each place it appears
and inserting ``removed'';</DELETED>
<DELETED> (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)'';</DELETED>
<DELETED> (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'';</DELETED>
<DELETED> (5) in paragraph (3)--</DELETED>
<DELETED> (A) by striking ``paragraph (19) of
section 241(a)'' and inserting ``subparagraph (D) of
section 237(a)(4)''; and</DELETED>
<DELETED> (B) by striking ``paragraph (19)'' and
inserting ``subparagraph (D)''; and</DELETED>
<DELETED> (6) in the heading, by striking ``Deportation''
and inserting ``Removal''.</DELETED>
<DELETED> (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)''.</DELETED>
<DELETED> (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''.</DELETED>
<DELETED>SEC. 425. TECHNICAL CORRECTION RESPECTING SELF-EMPLOYMENT
INCOME IN COMMUNITY PROPERTY STATES.</DELETED>
<DELETED> (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;''.</DELETED>
<DELETED> (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''.</DELETED>
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.
Sec. 107. Survey of use of payments by representative payees.
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 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. Criminal 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.
Sec. 210. Information for administration of provisions related to
noncovered employment.
Sec. 211. Cross-program recovery of overpayments.
Sec. 212. Prohibition on payment of title II benefits to persons not
authorized to work in the United States.
TITLE III--ATTORNEY REPRESENTATIVE FEE PAYMENT SYSTEM IMPROVEMENTS
Sec. 301. Cap on attorney assessments.
Sec. 302. GAO study of fee payment process for claimant
representatives.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Subtitle A--Amendments Relating to the Ticket to Work and Work
Incentives Improvement Act of 1999
Sec. 401. Elimination of demonstration authority sunset date.
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 providing 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.
Sec. 406. GAO study regarding 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.
Sec. 417. Compensation for the Social Security Advisory Board.
Sec. 418. 60-month period of employment requirement for government
pension offset exemption.
Sec. 419. Post-1956 Military Wage Credits.
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.
Sec. 426. Technical amendments to the Railroad Retirement and Survivors
Improvement Act of 2001.
Subtitle D--Amendments Related to Title XVI
Sec. 430. Exclusion from income for certain infrequent or irregular
income and certain interest or dividend
income.
Sec. 431. Uniform 9-month resource exclusion periods.
Sec. 432. Modification of dedicated account requirements.
Sec. 433. Elimination of certain restrictions on the application of the
student earned income exclusion.
Sec. 434. Exclusion of Americorps and other volunteer benefits for
purposes of determining supplemental
security income eligibility and benefit
amounts and social security disability
insurance entitlement.
Sec. 435. Exception to retrospective monthly accounting for
nonrecurring income.
Sec. 436. Removal of restriction on payment of benefits to children who
are born or who become blind or disabled
after their military parents are stationed
overseas.
Sec. 437. Treatment of education-related income and resources.
Sec. 438. Monthly treatment of uniformed service compensation.
Sec. 439. Update of resource limits.
Sec. 440. Review of State agency blindness and disability
determinations.
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: ``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:
``(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)(1) 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: ``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:
``(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: ``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 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 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:
``(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:
``(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 of Social Security 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:
``(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 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.''.
(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 margins accordingly); and
(iii) by striking ``subclause (II)(bb)''
and inserting ``subclause (II)''; and
(C) by adding at the end the following:
``(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:
``(k) Periodic Onsite Review.--
``(1) In general.--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) Report.--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:
``(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:
``(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)--
(A) by striking ``subparagraph (B)(i)(IV),,'' and
inserting ``subparagraph (B)(i)(VI)''; and
(B) by 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:
``(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:
``(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:
``(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:
``(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:
``(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:
``(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:
``(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 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:
``(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:
``(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:
``(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:
``(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:
``(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 amendments made by this section shall take
effect 180 days after the date of the enactment of this Act.
SEC. 107. SURVEY OF USE OF PAYMENTS BY REPRESENTATIVE PAYEES.
(a) In General.--Section 1110 of the Social Security Act (42 U.S.C.
1310) is amended by adding at the end the following:
``(c) Notwithstanding subsection (a)(1), of the amount appropriated
to carry out that subsection for fiscal year 2004, $17,800,000 of such
amount shall be transferred and made available to the Inspector General
of the Social Security Administration for purposes of conducting a
statistically significant survey to determine how payments made to
individuals, organizations, and State or local government agencies that
are representative payees for benefits paid under title II or XVI are
being managed and used on behalf of the beneficiaries for whom such
benefits are paid. Not later than February 1, 2005, the Inspector
General of the Social Security Administration shall submit a report on
the survey conducted in accordance with this subsection to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate.''.
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:
``(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 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 of Social Security 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, in jurisdictions that do not define
crimes as felonies, is punishable by death or imprisonment for
a term exceeding 1 year regardless of the actual sentence
imposed, and a Federal, State, or local law enforcement agency
has notified the Commissioner that such agency intends to
pursue the individual by seeking arrest, extradition, or
prosecution, or
``(v) is violating a condition of probation or parole
imposed under Federal or State law, and a Federal, State, or
local law enforcement agency has notified the Commissioner that
such agency intends to seek revocation of the individual's
probation or parole.
In the case of an individual from whom such monthly benefits have been
withheld pursuant to clause (iv) or (v), the Commissioner of Social
Security may, for good cause shown, pay such withheld benefits to the
individual.''; and
(5) in paragraph (3), by adding at the end the following:
``(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 is described in clause (iv) or (v) of
paragraph (1)(A);
``(ii) the Commissioner has information with respect to the
beneficiary that is necessary for the officer to conduct the
officer's official duties; and
``(iii) the location or apprehension of the beneficiary is
within the officer's official duties.''.
(b) Conforming Amendments to Title XVI.--Section 1611(e) of the
Social Security Act (42 U.S.C. 1382(e)) is amended--
(1) in paragraph (4)--
(A) in subparagraph (A), by striking ``or which, in
the case of the State of
New Jersey, is a high misdemeanor under the laws of
such State'' and inserting ``or, in jurisdictions that
do not define crimes as felonies, is punishable by
death or imprisonment for a term exceeding 1 year
regardless of the actual sentence imposed, and a
Federal, State, or local law enforcement agency has
notified the Commissioner of Social Security that the
agency intends to pursue the person by seeking arrest,
extradition, or prosecution'';
(B) in subparagraph (B), by inserting ``and a
Federal, State, or local law enforcement agency has
notified the Commissioner of Social Security that the
agency intends to seek revocation of the person's
probation or parole'' after ``law''; and
(C) by adding at the end the following sentence
after and below subparagraph (B):
``In the case of an individual whose eligibility for a month or months
has been suspended pursuant to subparagraph (A) or (B), the
Commissioner of Social Security may, for good cause shown, restore such
individual's eligibility for all such months.''; and
(2) in paragraph (5), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) the recipient is described in subparagraph (A) or (B)
of paragraph (4);
``(B) the Commissioner has information with respect to the
recipient that is necessary for the officer to conduct the
officer's official duties; and
``(C) the location or apprehension of the recipient is
within the officer's official duties.''.
(c) Conforming Amendment.--Section 804(a)(2) of the Social Security
Act (42 U.S.C. 1004(a)(2)) is amended by striking ``or which, in the
case of the State of New Jersey, is a high misdemeanor under the laws
of such State'' and inserting ``or, in jurisdictions that do not define
crimes as felonies, is punishable by death or imprisonment for a term
exceeding 1 year regardless of the actual sentence imposed''.
(d) 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 sentences of
sections 202(x)(1)(A) and 1611(e)(4) of the Social Security Act (as
amended by subsections (a) and (b), respectively).
(e) 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:
``(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. CRIMINAL 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:
``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 guilty of a felony and
upon conviction thereof 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 guilty of a felony and
upon conviction thereof 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:
``(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:
``(b) Any Federal court, when sentencing a defendant convicted of
an offense under subsection (a) that results in the Commissioner of
Social Security making a benefit payment (or an increase in such a
payment) that should not have been made, shall consider the
Commissioner of Social Security a victim of the crime.''.
(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:
``(2) SSA treated as a victim.--Any Federal court, when
sentencing a defendant convicted of an offense that results in
the Commissioner of Social Security making a benefit payment
(or an increase in such a payment) that should not have been
made, shall consider the Commissioner of Social Security a
victim of the crime.''.
(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:
``(b) Any Federal court, when sentencing a defendant convicted of
an offense under subsection (a) that results in the Commissioner of
Social Security making a benefit payment (or an increase in such a
payment) that should not have been made, shall consider the
Commissioner of Social Security a victim of the crime.''.
(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:
``(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.
SEC. 210. INFORMATION FOR ADMINISTRATION OF PROVISIONS RELATED TO
NONCOVERED EMPLOYMENT.
(a) Collection.--Paragraph (2) of section 6047(d) of the Internal
Revenue Code of 1986 (relating to reports by employers, plan
administrators, etc.) is amended by adding at the end the following new
sentence: ``In the case of any employer deferred compensation plan (as
defined in section 3405(e)(5)) of a State, a political subdivision
thereof, or any agency or instrumentality of either, the Secretary
shall in such forms or regulations require the identification of any
designated distribution (as so defined) if paid to any participant or
beneficiary of such plan based in whole or in part upon an individual's
earnings for service in the employ of any such governmental entity
which did not constitute employment (as defined in section 3121(b)).''.
(b) Disclosure.--Section 6103(l)(1) of the Internal Revenue Code of
1986 (relating to disclosure of certain returns and return information
to Social Security Administration and Railroad Retirement Board) is
amended--
(1) in subparagraph (B), by striking ``and''; and
(2) in subparagraph (C), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(D) any designated distribution described in the
second sentence of section 6047(d)(2) to the Social
Security Administration for purposes of its
administration of the Social Security Act.''.
(c) Effective Date.--The amendments made by this section shall
apply to distributions made after December 31, 2003.
SEC. 211. AUTHORITY FOR CROSS-PROGRAM RECOVERY OF BENEFIT OVERPAYMENTS.
(a) In General.--Section 1147 of the Social Security Act (42 U.S.C.
1320b-17) is amended to read as follows:
``cross-program recovery of overpayments from benefits
``(a) In General.--Subject to subsection (b), whenever the
Commissioner of Social Security determines that more than the correct
amount of any payment has been made to a person under a program
described in subsection (e), the Commissioner of Social Security may
recover the amount incorrectly paid by decreasing any amount which is
payable to such person under any other program specified in that
subsection.
``(b) Limitation Applicable to Current Benefits.--
``(1) In general.--In carrying out subsection (a), the
Commissioner of Social Security may not decrease the monthly
amount payable to an individual under a program described in
subsection (e) that is paid when regularly due--
``(A) in the case of benefits under title II or
VIII, by more than 10 percent of the amount of the
benefit payable to the person for that month under such
title; and
``(B) in the case of benefits under title XVI, by
an amount greater than the lesser of--
``(i) the amount of the benefit payable to
the person for that month; or
``(ii) an amount equal to 10 percent of the
person's income for that month (including such
monthly benefit but excluding payments under
title II when recovery is also made from title
II payments and excluding income excluded
pursuant to section 1612(b)).
``(2) Exception.--Paragraph (1) shall not apply if--
``(A) the person or the spouse of the person was
involved in willful misrepresentation or concealment of
material information in connection with the amount
incorrectly paid; or
``(B) the person so requests.
``(c) No Effect on Eligibility or Benefit Amount Under Title VIII
or XVI.--In any case in which the Commissioner of Social Security takes
action in accordance with subsection (a) to recover an amount
incorrectly paid to any person, neither that person, nor (with respect
to the program described in subsection (e)(3)) any individual whose
eligibility for benefits under such program or whose amount of such
benefits, is determined by considering any part of that person's
income, shall, as a result of such action--
``(1) become eligible for benefits under the program
described in paragraph (2) or (3) of subsection (e); or
``(2) if such person or individual is otherwise so
eligible, become eligible for increased benefits under such
program.
``(d) Inapplicability of Prohibition Against Assessment and Legal
Process.--Section 207 shall not apply to actions taken under the
provisions of this section to decrease amounts payable under titles II
and XVI.
``(e) Programs Described.--The programs described in this
subsection are the following:
``(1) The old-age, survivors, and disability insurance
benefits program under title II.
``(2) The special benefits for certain World War II
veterans program under title VIII.
``(3) The supplemental security income benefits program
under title XVI (including, for purposes of this section, State
supplementary payments paid by the Commissioner pursuant to an
agreement under section 1616(a) of this Act or section 212(b)
of Public Law 93-66).''.
(b) Conforming Amendments.--
(1) Section 204(g) of the Social Security Act (42 U.S.C.
404(g)) is amended to read as follows:
``(g) For provisions relating to the cross-program recovery of
overpayments made under programs administered by the Commissioner of
Social Security, see section 1147.''.
(2) Section 808 of the Social Security Act (42 U.S.C. 1008)
is amended--
(A) in subsection (a)(1)--
(i) by striking subparagraph (B);
(ii) in the matter preceding subparagraph
(A), by striking ``any payment'' and all that
follows through ``under this title'' and
inserting ``any payment under this title''; and
(iii) by striking ``; or'' and inserting a
period;
(B) by striking subsection (b) and redesignating
subsections (c), (d), and (e) as subsections (b), (c),
and (d), respectively; and
(C) by adding at the end the following:
``(e) Cross-Program Recovery of Overpayments.--For provisions
relating to the cross-program recovery of overpayments made under
programs administered by the Commissioner of Social Security, see
section 1147.''.
(3) Section 1147A of the Social Security Act (42 U.S.C.
1320b-18) is repealed.
(4) Section 1631(b) of the Social Security Act (42 U.S.C.
1383(b)) is amended--
(A) in paragraph (1)(B)--
(i) by striking ``excluding any other'' and
inserting ``excluding payments under title II
when recovery is made from title II payments
pursuant to section 1147 and excluding''; and
(ii) by striking ``50 percent of''; and
(B) by striking paragraph (6) and inserting the
following:
``(6) For provisions relating to the cross-program recovery of
overpayments made under programs administered by the Commissioner of
Social Security, see section 1147.''.
(c) Effective Date.--The amendments and repeal made by this section
shall take effect on the date of enactment of this Act, and shall be
effective with respect to overpayments under titles II, VIII, and XVI
of the Social Security Act that are outstanding on or after such date.
SEC. 212. PROHIBITION ON PAYMENT OF TITLE II BENEFITS TO PERSONS NOT
AUTHORIZED TO WORK IN THE UNITED STATES.
(a) Fully Insured and Currently Insured Individuals.--Section 214
(42 U.S.C. 414) is amended--
(1) in subsection (a), by inserting before the period at
the end the following: ``, and who satisfies the criterion
specified in subsection (c)'';
(2) in subsection (b), by inserting before the period at
the end the following: ``, and who satisfies the criterion
specified in subsection (c)''; and
(3) by adding at the end the following:
``(c) For purposes of subsections (a) and (b), the criterion
specified in this subsection is that the individual, if not a United
States citizen or national, has been assigned a social security account
number that was, at the time of assignment, or at any later time,
consistent with the requirements of subclause (I) or (III) of section
205(c)(2)(B)(i).''.
(b) Disability Benefits.--Section 223(a)(1) of the Social Security
Act (42 U.S.C. 423(a)(1)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(2) by inserting after subparagraph (B), the following:
``(C) if not a United States citizen or national, has been
assigned a social security account number that was, at the time
of assignment, or at any later time, consistent with the
requirements of subclause (I) or (III) of section
205(c)(2)(B)(i),''.
(c) Effective Date.--The amendments made by this section apply to
benefit applications filed on or after January 1, 2004.
TITLE III--ATTORNEY REPRESENTATIVE 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: ``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. GAO STUDY REGARDING FEE PAYMENT PROCESS FOR CLAIMANT
REPRESENTATIVES.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall study and evaluate the appointment and payment of
claimant representatives under titles II and XVI of the Social
Security Act (42 U.S.C. 401 et seq., 1381 et seq.).
(2) Consultation required.--The Comptroller General shall
consult with beneficiaries under title II of such Act,
beneficiaries under title XVI of such Act, claimant
representatives of beneficiaries under such titles, and other
interested parties, in conducting the study and evaluation
required under paragraph (1).
(b) Report.--Not later than 2 years after the date of 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 that includes the following:
(1) A survey of the relevant characteristics of claimant
representatives that provides statistically significant results
for characteristics which include (but are not limited to)--
(A) qualifications and experience;
(B) the type of employment of such representatives,
such as with an advocacy group, State or local
government, or insurance or other company;
(C) geographical distribution between urban and
rural areas;
(D) the nature of claimants' cases, such as whether
the cases are for disability insurance benefits only,
supplemental security income benefits only, or
concurrent benefits;
(E) the relationship of such representatives to
claimants, such as whether the representative is a
friend, family member, or client of the claimant; and
(F) the amount of compensation (if any) paid to the
representatives and the method of payment of such
compensation.
(2) An assessment of the quality and effectiveness of the
services provided by claimant representatives, including a
comparison of claimant satisfaction or complaints and benefit
outcomes, adjusted for differences in representatives'
caseload, claimants' diagnostic group, level of decision, and
other relevant factors.
(3) An assessment of the costs and benefits of the
appointment and payment of representatives with respect to
claimant satisfaction or complaints, benefit outcomes, and
program administration.
(4) An assessment of the potential results, including the
effect on claimants and program administration, of extending to
title XVI of the Social Security Act the fee withholding
procedures which apply under title II of that Act and of
allowing non-attorney representatives to be subject to any fee
withholding procedures applicable under title II and XVI of
such Act, and whether the rules and procedures employed by the
Commissioner of Social Security to evaluate the qualifications
and performance of claimant representatives should be revised
prior to any extensions of fee withholding.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Subtitle A--Amendments Relating to the Ticket to Work and Work
Incentives Improvement Act of 1999
SEC. 401. ELIMINATION OF DEMONSTRATION AUTHORITY SUNSET DATE.
Section 234(d)(2) of the Social Security Act (42 U.S.C. 434(d)(2))
is amended--
(1) in the paragraph heading, by striking ``Termination and
final'' and inserting ``Final''; and
(2) by striking the first sentence.
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 PROVIDING 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(g)(1)) is amended by adding at the end, after and below
subparagraph (E), the following:
``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).
SEC. 406. GAO STUDY REGARDING THE TICKET TO WORK AND SELF-SUFFICIENCY
PROGRAM.
(a) GAO Report.--Not later than 12 months after the date of
enactment of this Act, the Comptroller General of the United States
shall submit a report to Congress regarding the Ticket to Work and
Self-Sufficiency Program established under section 1148 of the Social
Security Act (42 U.S.C. 1320b-19) that--
(1) examines the annual and interim reports issued by
States, the Ticket to Work and Work Incentives Advisory Panel
established under section 101(f) of the Ticket to Work and Work
Incentives Improvement Act of 1999 (42 U.S.C. 1320b-19 note),
and the Commissioner of Social Security regarding such program;
(2) assesses the effectiveness of the activities carried
out under such program; and
(3) recommends such legislative or administrative changes
as the Comptroller General determines are appropriate to
improve the effectiveness of such program.
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.--Section 202(n) of the Social Security Act (42
U.S.C. 402(n)) is amended--
(1) in paragraph (1), by striking ``section 241(a) (other
than under paragraph (1)(C) or (1)(E) thereof) of the
Immigration and Nationality Act'' and inserting ``section
237(a) of the Immigration and Nationality Act (other than under
paragraph (1)(C) of such section) or under section 212(a)(6)(A)
of such Act'';
(2) in paragraph (2), by striking ``section 241(a) of the
Immigration and Nationality Act (other than under paragraph
(1)(C) or (1)(E) thereof)'' and inserting ``section 237(a) of
the Immigration and Nationality Act (other than under paragraph
(1)(C) of such section) or under section 212(a)(6)(A) of such
Act'';
(3) in paragraph (3), by striking ``paragraph (19) of
section 241(a) of the Immigration and Nationality Act (relating
to persecution of others on account of race, religion, national
origin, or political opinion, under the direction of or in
association with the Nazi government of Germany or its allies)
shall be considered to have been deported under such paragraph
(19)'' and inserting ``paragraph (4)(D) of section 241(a) of
the Immigration and Nationality Act (relating to participating
in Nazi persecutions or genocide) shall be considered to have
been deported under such paragraph (4)(D)''; and
(4) in paragraph (3) (as amended by paragraph (3) of this
subsection), by striking ``241(a)'' and inserting ``237(a)''.
(b) Technical Corrections.--
(1) Terminology regarding removal from the united states.--
Section 202(n) of the Social Security Act (42 U.S.C. 402(n))
(as amended by subsection (a)) is amended further--
(A) by striking ``deportation'' each place it
appears and inserting ``removal'';
(B) by striking ``deported'' each place it appears
and inserting ``removed''; and
(C) in the heading, by striking ``Deportation'' and
inserting ``Removal''.
(2) References to the secretary of homeland security.--
Section 202(n) of the Social Security Act (42 U.S.C. 402(n))
(as amended by subsection (a) and paragraph (1)) is amended
further by inserting ``or the Secretary of Homeland Security''
after ``the Attorney General'' each place it appears.
(c) Effective Dates.--
(1) In general.--The amendment made by--
(A) subsection (a)(1) shall apply to individuals
with respect to whom the Commissioner of Social
Security receives a removal notice after the date of
the enactment of this Act;
(B) subsection (a)(2) shall apply with respect to
notifications of removals received by the Commissioner
of Social Security after the date of enactment of this
Act; and
(C) subsection (a)(3) shall be effective as if
enacted on March 1, 1991.
(2) Subsequent correction of cross-reference and
terminology.--The amendments made by subsections (a)(4) and
(b)(1) shall be effective as if enacted on April 1, 1997.
(3) References to the secretary of homeland security.--The
amendment made by subsection (b)(2) shall be effective as if
enacted on March 1, 2003.
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:
``(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:
``(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.
(a) In General.--Section 218(d)(6)(C) of the Social Security Act
(42 U.S.C. 418(d)(6)(C)) is amended by striking ``the State of Alaska,
California, Connecticut, Florida, Georgia, Illinois, Massachusetts,
Minnesota, Nevada, New Jersey, New Mexico, New York, North Dakota,
Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Washington,
Wisconsin, or Hawaii'' and inserting ``a State''.
(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 GOVERNMENT
PENSION OFFSET EXEMPTION.
(a) Wife's Insurance Benefits.--Section 202(b)(4) of the Social
Security Act (42 U.S.C. 402(b)(4)) is amended--
(1) in subparagraph (A), by striking ``if, on the last day
she was employed by such entity'' and inserting ``if, during
any portion of such service''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``Subparagraph
(A)(ii)'' and inserting ``Clauses (i) and (ii) of
subparagraph (A)''; and
(B) by adding at the end the following:
``(iii) Subparagraph (A)(i) shall not apply with respect to monthly
periodic benefits based in whole or in part on service which
constituted `employment' as defined in section 210 pursuant to an
agreement executed with the Commissioner of Social Security under
section 218, provided that the wife (or divorced wife) was employed in
such service--
``(I) on the date of enactment of this clause and such
service was continuous throughout the 60-month period ending on
the last day the wife (or divorced wife) was employed in the
service of the State (or political subdivision thereof, as
defined in section 218(b)(2)), or
``(II) in the case of such an agreement that was executed
by the Commissioner of Social Security after the date of
enactment of this clause, on the date such an agreement was
executed by the Commissioner of Social Security and such
service was continuous throughout the 60-month period ending on
the last day the wife (or divorced wife) was employed in the
service of the State (or political subdivision thereof, as so
defined).''.
(b) Husband's Insurance Benefits.--Section 202(c)(2) of such Act
(42 U.S.C. 402(c)(2)) is amended--
(1) in subparagraph (A), by striking ``if, on the last day
he was employed by such entity'' and inserting ``if, during any
portion of such service''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``Subparagraph
(A)(ii)'' and inserting ``Clauses (i) and (ii) of
subparagraph (A)''; and
(B) by adding at the end the following:
``(iii) Subparagraph (A)(i) shall not apply with respect to monthly
periodic benefits based in whole or in part on service which
constituted `employment' as defined in section 210 pursuant to an
agreement executed with the Commissioner of Social Security under
section 218, provided that the husband (or divorced husband) was
employed in such service--
``(I) on the date of enactment of this clause and such
service was continuous throughout the 60-month period ending on
the last day the husband (or divorced husband) was employed in
the service of the State (or political subdivision thereof, as
defined in section 218(b)(2)), or
``(II) in the case of such an agreement that was executed
by the Commissioner of Social Security after the date of
enactment of this clause, on the date such an agreement was
executed by the Commissioner of Social Security and such
service was continuous throughout the 60-month period ending on
the last day the husband (or divorced husband) was employed in
the service of the State (or political subdivision thereof, as
so defined).''.
(c) Widow's Insurance Benefits.--Section 202(e)(7) of such Act (42
U.S.C. 402(e)(7)) is amended--
(1) in subparagraph (A), by striking ``if, on the last day
she was employed by such entity'' and inserting ``if, during
any portion of such service''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``Subparagraph
(A)(ii)'' and inserting ``Clauses (i) and (ii) of
subparagraph (A)''; and
(B) by adding at the end the following:
``(iii) Subparagraph (A)(i) shall not apply with respect to monthly
periodic benefits based in whole or in part on service which
constituted `employment' as defined in section 210 pursuant to an
agreement executed with the Commissioner of Social Security under
section 218, provided that the widow (or surviving divorced wife) was
employed in such service--
``(I) on the date of enactment of this clause and such
service was continuous throughout the 60-month period ending on
the last day the widow (or surviving divorced wife) was
employed in the service of the State (or political subdivision
thereof, as defined in section 218(b)(2)), or
``(II) in the case of such an agreement that was executed
by the Commissioner of Social Security after the date of
enactment of this clause, on the date such an agreement was
executed by the Commissioner of Social Security and such
service was continuous throughout the 60-month period ending on
the last day the widow (or surviving divorced wife) was
employed in the service of the State (or political subdivision
thereof, as so defined).''.
(d) Widower's Insurance Benefits.--Section 202(f)(2) of such Act
(42 U.S.C. 402(f)(2)) is amended--
(1) in subparagraph (A), by striking ``if, on the last day
he was employed by such entity'' and inserting ``if, during any
portion of such service''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``Subparagraph
(A)(ii)'' and inserting ``Clauses (i) and (ii) of
subparagraph (A)''; and
(B) by adding at the end the following:
``(iii) Subparagraph (A)(i) shall not apply with respect to monthly
periodic benefits based in whole or in part on service which
constituted `employment' as defined in section 210 pursuant to an
agreement executed with the Commissioner of Social Security under
section 218, provided that the widower (or surviving divorced husband)
was employed in such service--
``(I) on the date of enactment of this clause and such
service was continuous throughout the 60-month period ending on
the last day the widower (or surviving divorced husband) was
employed in the service of the State (or political subdivision
thereof, as defined in section 218(b)(2)), or
``(II) in the case of such an agreement that was executed
by the Commissioner of Social Security after the date of
enactment of this clause, on the date such an agreement was
executed by the Commissioner of Social Security and such
service was continuous throughout the 60-month period ending on
the last day the widower (or surviving divorced husband) was
employed in the service of the State (or political subdivision
thereof, as so defined).''.
(e) Mother's and Father's Insurance Benefits.--Section 202(g)(4) of
the such Act (42 U.S.C. 402(g)(4)) is amended--
(1) in subparagraph (A), by striking ``if, on the last day
the individual was employed by such entity'' and inserting
``if, during any portion of such service''; and
(2) in subparagraph (B)--
(A) in clause (ii), by striking ``Subparagraph
(A)(ii)'' and inserting ``Clauses (i) and (ii) of
subparagraph (A)''; and
(B) by adding at the end the following:
``(iii) Subparagraph (A)(i) shall not apply with respect to monthly
periodic benefits based in whole or in part on service which
constituted `employment' as defined in section 210 pursuant to an
agreement executed with the Commissioner of Social Security under
section 218, provided that the individual was employed in such
service--
``(I) on the date of enactment of this clause and such
service was continuous throughout the 60-month period ending on
the last day the individual was employed in the service of the
State (or political subdivision thereof, as defined in section
218(b)(2)), or
``(II) in the case of such an agreement that was executed
by the Commissioner of Social Security after the date of
enactment of this clause, on the date such an agreement was
executed by the Commissioner of Social Security and such
service was continuous throughout the 60-month period ending on
the last day the individual was employed in the service of the
State (or political subdivision thereof, as so defined).''.
(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 with respect to applications for
benefits under title II of the Social Security Act based on earnings
while in the service of any State (or political subdivision thereof, as
defined in section 218(b)(2) of the Social Security Act)--
(1) if the last day of such service occurs before December
31, 2003, or
(2) in any case in which the last day of such service
occurs before June 30, 2004, subject to a contract for such
service entered into prior to September 30, 2003.
SEC. 419. POST-1956 MILITARY WAGE CREDITS.
(a) Payment to the Social Security Trust Funds in Satisfaction of
Outstanding Obligations.--Section 201 of the Social Security Act (42
U.S.C. 401) is amended by adding at the end the following:
``(n) Not later than July 1, 2004, the Secretary of the Treasury
shall transfer, from amounts in the general fund of the Treasury that
are not otherwise appropriated--
``(1) $624,971,854 to the Federal Old-Age and Survivors
Insurance Trust Fund;
``(2) $105,379,671 to the Federal Disability Insurance
Trust Fund; and
``(3) $173,306,134 to the Federal Hospital Insurance Trust
Fund.
Amounts transferred in accordance with this subsection shall be in
satisfaction of certain outstanding obligations for deemed wage credits
for 2000 and 2001.''.
(b) Conforming Amendments.--
(1) Repeal of authority for annual appropriations and
related adjustments to compensate the social security trust
fund for military wage credits.--Section 229 of the Social
Security Act (42 U.S.C. 429) is amended--
(A) by striking ``(a)''; and
(B) by striking subsection (b).
(2) Amendment to reflect the termination of wage credits
effective after calendar year 2001 by section 8134 of public
law 107-117.--Section 229(a)(2) of the Social Security Act (42
U.S.C. 429(a)(2)), as amended by paragraph (1), is amended by
inserting ``and before 2002'' after ``1977''.
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 Citation Respecting the Tax Deduction Relating to
Health Insurance Costs of Self-Employed Individuals.--Section
211(a)(15) of the Social Security Act (42 U.S.C. 411(a)(15)) is amended
by striking ``section 162(m)'' and inserting ``section 162(l)''.
(b) 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''.
SEC. 426. TECHNICAL AMENDMENTS TO THE RAILROAD RETIREMENT AND
SURVIVORS' IMPROVEMENT ACT OF 2001.
(a) Quorum Rules.--Section 15(j)(7) of the Railroad Retirement Act
of 1974 (45 U.S.C. 231n(j)(7)) is amended by striking ``entire Board of
Trustees'' and inserting ``Trustees then holding office''.
(b) Powers of the Board of Trustees.--Section 15(j)(4) of the
Railroad Retirement Act of 1974 (45 U.S.C. 231n(j)(4)) is amended to
read as follows:
``(4) Powers of the board of trustees.--The Board of
Trustees shall--
``(A) retain independent advisers to assist it in
the formulation and adoption of its investment
guidelines;
``(B) invest assets of the Trust in a manner
consistent with such investment guidelines, either
directly or through the retention of independent
investment managers;
``(C) adopt bylaws and other rules to govern its
operations;
``(D) employ professional staff, and contract with
outside advisers, including the Railroad Retirement
Board, to provide legal, accounting, investment
advisory or management services (compensation for which
may be on a fixed contract fee basis or on such other
terms as are customary for such services), or other
services necessary for the proper administration of the
Trust;
``(E) sue and be sued and participate in legal
proceedings, have and use a seal, conduct business,
carry on operations, and exercise its powers within or
without the District of Columbia, form, own, or
participate in entities of any kind, enter into
contracts and agreements necessary to carry out its
business purposes, lend money for such purposes, and
deal with property as security for the payment of funds
so loaned, and possess and exercise any other powers
appropriate to carry out the purposes of the Trust;
``(F) pay administrative expenses of the Trust from
the assets of the Trust; and
``(G) transfer money to the disbursing agent or as
otherwise provided in section 7(b)(4), to pay benefits
payable under this Act from the assets of the Trust.''.
(c) State and Local Taxes.--Section 15(j)(6) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231n(j)(6)) is amended to read as
follows:
``(6) State and local taxes.--The Trust shall be exempt
from any income, sales, use, property, or other similar tax or
fee imposed or levied by a State, political subdivision, or
local taxing authority. The district courts of the United
States shall have original jurisdiction over a civil action
brought by the Trust to enforce this subsection and may grant
equitable or declaratory relief requested by the Trust.''.
(d) Funding.--Section 15(j)(8) of the Railroad Retirement Act of
1974 (45 U.S.C. 231n(j)(8)) is repealed.
(e) Transfers.--
(1) Section 15(k) of the Railroad Retirement Act of 1974
(45 U.S.C. 231n(k)) is amended by adding at the end the
following: ``At the direction of the Railroad Retirement Board,
the National Railroad Retirement Investment Trust shall
transfer funds to the Railroad Retirement Account.''.
(2) Section 15A(d)(2) of the Railroad Retirement Act of
1974 (45 U.S.C. 231n-1(d)(2)) is amended--
(A) by inserting ``or the Railroad Retirement
Account'' after ``National Railroad Retirement
Investment Trust'' the second place it appears;
(B) by inserting ``or the Railroad Retirement
Board'' after ``National Railroad Retirement Investment
Trust'' the third place it appears;
(C) by inserting ``(either directly or through a
commingled account consisting only of such
obligations)'' after ``United States'' the first place
it appears; and
(D) in the third sentence, by inserting before the
period at the end the following: ``or to purchase such
additional obligations''.
(3) Paragraph (4)(B)(ii) of section 7(b) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231f(b)(4)(B)(ii)) is amended
by inserting ``quarterly or at such other times as the Railroad
Retirement Board and the Board of Trustees of the National
Railroad Retirement Investment Trust may mutually agree'' after
``amounts'' the second place it appears.
(f) Clerical Amendments.--Section 15(j)(5) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231n(j)(5)) is amended--
(1) in subparagraph (B), by striking ``trustee's'' each
place it appears and inserting ``Trustee's'';
(2) in subparagraph (C), by striking ``trustee'' and
``trustees'' each place it appears and inserting ``Trustee''
and ``Trustees'', respectively; and
(3) in the matter preceding clause (i) of subparagraph (D),
by striking ``trustee'' and inserting ``Trustee''.
Subtitle D--Amendments Related to Title XVI
SEC. 430. EXCLUSION FROM INCOME FOR CERTAIN INFREQUENT OR IRREGULAR
INCOME AND CERTAIN INTEREST OR DIVIDEND INCOME.
(a) Infrequent or Irregular Income.--Section 1612(b)(3) of the
Social Security Act (42 U.S.C. 1382a(b)(3)) is amended to read as
follows--
``(3) in any calendar quarter, the first--
``(A) $60 of unearned income, and
``(B) $30 of earned income,
of such individual (and such spouse, if any) which, as
determined in accordance with criteria prescribed by the
Commissioner of Social Security, is received too infrequently
or irregularly to be included;''.
(b) Interest or Dividend Income.--Section 1612(b) of the Social
Security Act (42 U.S.C. 1382a(b)) is amended--
(1) in paragraph (21), by striking ``and'' at the end;
(2) in paragraph (22), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(23) interest or dividend income from resources--
``(A) not excluded under section 1613(a), or
``(B) excluded pursuant to Federal law other than
section 1613(a).''.
(c) Effective Date.--The amendments made by this section shall be
effective with respect to benefits payable for months in calendar
quarters that begin more than 90 days after the date of the enactment
of this Act.
SEC. 431. UNIFORM 9-MONTH RESOURCE EXCLUSION PERIODS.
(a) Underpayments of Benefits.--Section 1613(a)(7) of the Social
Security Act (42 U.S.C. 1382b(a)(7)) is amended--
(1) by striking ``6'' and inserting ``9''; and
(2) by striking ``(or to the first 9 months following such
month with respect to any amount so received during the period
beginning October 1, 1987, and ending September 30, 1989)''.
(b) Advanceable Tax Credits.--Section 1613(a)(11) of the Social
Security Act (42 U.S.C. 1382b(a)(11)) is amended to read as follows:
``(11) for the 9-month period beginning after the month in
which received--
``(A) notwithstanding section 203 of the Economic
Growth and Tax Relief Reconciliation Act of 2001, any
refund of Federal income taxes made to such individual
(or such spouse) under section 24 of the Internal
Revenue Code of 1986 (relating to child tax credit) by
reason of subsection (d) thereof; and
``(B) any refund of Federal income taxes made to
such individual (or such spouse) by reason of section
32 of the Internal Revenue Code of 1986 (relating to
earned income tax credit), and any payment made to such
individual (or such spouse) by an employer under
section 3507 of such Code (relating to advance payment
of earned income credit);''.
(c) Effective Date.--The amendments made by this section shall take
effect on the date of enactment of this Act, and shall apply to amounts
described in paragraph (7) of section 1613(a) of the Social Security
Act and refunds of Federal income taxes described in paragraph (11) of
such section, that are received by an eligible individual or eligible
spouse on or after such date.
SEC. 432. MODIFICATION OF DEDICATED ACCOUNT REQUIREMENTS.
(a) In General.--Section 1631(a)(2)(F) of the Social Security Act
(42 U.S.C. 1383(a)(2)(F)) is amended--
(1) in clause (ii)(II)--
(A) in item (ff), by striking ``or'' at the end;
(B) by redesignating item (gg) as item (hh);
(C) by inserting after item (ff) the following:
``(gg) reimbursement of expenditures incurred by the
representative payee that are for the good of such individual;
or''; and
(D) in the matter following item (hh) (as
redesignated by subparagraph (B)), by striking ``(gg),
is related to the impairment (or combination of
impairments)'' and inserting ``(hh), is expended for
the good''; and
(2) in clause (iv), by inserting ``, including with respect
to allowable expenses paid from the account in accordance with
clause (ii)(II)'' before the period.
(b) Effective Date.--The amendments made by this section take
effect on January 1, 2004, and apply with respect to allowable expenses
incurred or accounts established on or after that date.
SEC. 433. ELIMINATION OF CERTAIN RESTRICTIONS ON THE APPLICATION OF THE
STUDENT EARNED INCOME EXCLUSION.
(a) In General.--Section 1612(b)(1) of the Social Security Act (42
U.S.C. 1382a(b)(1)) is amended by striking ``a child who'' and
inserting ``under the age of 22 and''.
(b) Effective Date.--The amendment made by this section shall be
effective with respect to benefits payable for months that begin on or
after 1 year after the date of enactment of this Act.
SEC. 434. EXCLUSION OF AMERICORPS AND OTHER VOLUNTEER BENEFITS FOR
PURPOSES OF DETERMINING SUPPLEMENTAL SECURITY INCOME
ELIGIBILITY AND BENEFIT AMOUNTS AND SOCIAL SECURITY
DISABILITY INSURANCE ENTITLEMENT.
(a) In General.--
(1) SSI.--
(A) Income.--Section 1612(b) of the Social Security
Act (42 U.S.C. 1382a(b)) (as amended by section
430(a)(2)) is amended--
(i) in paragraph (22), by striking ``and''
at the end;
(ii) in paragraph (23), by striking the
period and inserting ``; and''; and
(iii) by adding at the end the following:
``(24) any cash or in-kind benefit conferred upon (or paid
on behalf of) an individual serving as a volunteer or
participant in a program administered by the Corporation for
National and Community Service for service in such program.''.
(B) Substantial gainful activity.--Section
1614(a)(3) of the Social Security Act (42 U.S.C.
1382c(a)(3)) is amended by adding at the end the
following:
``(K) In determining under subparagraph (A) when services performed
or earnings derived from services demonstrate an individual's ability
to engage in substantial gainful activity, the Commissioner of Social
Security shall disregard services performed as a volunteer or
participant in any program administered by the Corporation for National
and Community Service, and any earnings derived from such service.''.
(2) SSDI.--Section 223(d)(4) of such Act (42 U.S.C.
423(d)(4)) is amended by adding at the end the following:
``(C) In determining under subparagraph (A) when services performed
or earnings derived from services demonstrate an individual's ability
to engage in substantial gainful activity, the Commissioner of Social
Security shall disregard services performed as a volunteer or
participant in any program administered by the Corporation for National
and Community Service, and any earnings derived from such service.''.
(b) Effective Date.--The amendments made by this section shall
apply to benefits payable for months beginning on or after 60 days
after the date of enactment of this Act.
SEC. 435. EXCEPTION TO RETROSPECTIVE MONTHLY ACCOUNTING FOR
NONRECURRING INCOME.
(a) In General.--Section 1611(c) of the Social Security Act (42
U.S.C. 1382(c)) is amended by adding at the end the following:
``(9)(A) Notwithstanding paragraphs (1) and (2), any nonrecurring
income which is paid to an individual in the first month of any period
of eligibility shall be taken into account in determining the amount of
the benefit under this title of such individual (and his eligible
spouse, if any) only for that month, and shall not be taken into
account in determining the amount of the benefit for any other month.
``(B) For purposes of subparagraph (A), payments to an individual
in varying amounts from the same or similar source for the same or
similar purpose shall not be considered to be nonrecurring income.''.
(b) Deletion of Obsolete Material.--Section 1611(c)(2)(B) of the
Social Security Act (42 U.S.C. 1382(c)(2)(B)) is amended to read as
follows:
``(B) in the case of the first month following a period of
ineligibility in which eligibility is restored after the first
day of such month, bear the same ratio to the amount of the
benefit which would have been payable to such individual if
eligibility had been restored on the first day of such month as
the number of days in such month including and following the
date of restoration of eligibility bears to the total number of
days in such month.''.
(c) Effective Date.--The amendments made by this section shall be
effective with respect to benefits payable for months that begin on or
after 1 year after the date of enactment of this Act.
SEC. 436. REMOVAL OF RESTRICTION ON PAYMENT OF BENEFITS TO CHILDREN WHO
ARE BORN OR WHO BECOME BLIND OR DISABLED AFTER THEIR
MILITARY PARENTS ARE STATIONED OVERSEAS.
(a) In General.--Section 1614(a)(1)(B)(ii) of the Social Security
Act (42 U.S.C. 1382c(a)(1)(B)(ii)) is amended--
(1) by inserting ``and'' after ``citizen of the United
States,''; and
(2) by striking ``, and who,'' and all that follows and
inserting a period.
(b) Effective Date.--The amendments made by this section shall be
effective with respect to benefits payable for months beginning after
the date of enactment of this Act, but only on the basis of an
application filed after such date.
SEC. 437. TREATMENT OF EDUCATION-RELATED INCOME AND RESOURCES.
(a) Exclusion From Income of Gifts Provided for Tuition and Other
Education-Related Fees.--Section 1612(b)(7) of the Social Security Act
(42 U.S.C. 1382a(b)(7)) is amended by striking ``or fellowship received
for use in paying'' and inserting ``fellowship, or gift (or portion of
a gift) used to pay''.
(b) Exclusion From Resources for 9 Months of Grants, Scholarships,
Fellowships, or Gifts Provided for Tuition and Other Education-Related
Fees.--Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a))
(as amended by section 101(c)(2)) is amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (14) the following:
``(15) for the 9-month period beginning after the month in
which received, any grant, scholarship, fellowship, or gift (or
portion of a gift) used to pay the cost of tuition and fees at
any educational (including technical or vocational education)
institution.''.
(c) Effective Date.--The amendments made by this section shall
apply to benefits payable for months that begin more than 90 days after
the date of enactment of this Act.
SEC. 438. MONTHLY TREATMENT OF UNIFORMED SERVICE COMPENSATION.
(a) Treatment of Pay as Received When Earned.--Section 1611(c) of
the Social Security Act (42 U.S.C. 1382(c)), as amended by section
435(a), is amended by adding at the end the following:
``(10) For purposes of this subsection, remuneration for service
performed as a member of a uniformed service may be treated as received
in the month in which it was earned, if the Commissioner of Social
Security determines that such treatment would promote the economical
and efficient administration of the program authorized by this
title.''.
(b) Effective Date.--The amendments made by this section shall
apply to benefits payable for months that begin more than 90 days after
the date of enactment of this Act.
SEC. 439. UPDATE OF RESOURCE LIMITS.
(a) Increase.--Section 1611(a)(3) of the Social Security Act (42
U.S.C. 1382(a)(3)) is amended--
(1) in subparagraph (A), by adding at the end the
following: ``On January 1, 2004, such dollar amount shall be
increased to an amount equal to 150 percent of the dollar
amount applicable to an individual described in paragraph
(1)(B)(ii).''; and
(2) in subparagraph (B)--
(A) by striking ``and'' the last place it appears;
and
(B) by inserting ``, and to $3,000 on January 1,
2004'' before the period.
(b) Cost-of-Living Adjustment.--Section 1617(a)(1) of the Social
Security Act (42 U.S.C. 1382f(a)(1)) is amended by inserting
``(a)(3)(B),'' before ``(b)(1)''.
(c) Effective Dates.--
(1) Increase.--The amendments made by subsection (a) shall
take effect on January 1, 2004.
(2) Cost-of-living adjustment.--The amendment made by
subsection (b) shall take effect on January 1, 2005.
SEC. 440. REVIEW OF STATE AGENCY BLINDNESS AND DISABILITY
DETERMINATIONS.
Section 1633 of the Social Security Act (42 U.S.C. 1383b) is
amended by adding at the end the following:
``(e)(1) The Commissioner of Social Security shall review
determinations, made by State agencies pursuant to subsection (a) in
connection with applications for benefits under this title on the basis
of blindness or disability, that individuals who have attained 18 years
of age are blind or disabled. Any review by the Commissioner of Social
Security of a State agency determination under this paragraph shall be
made before any action is taken to implement the determination.
``(2)(A) In carrying out paragraph (1), the Commissioner of Social
Security shall review--
``(i) with respect to fiscal year 2004, at least 25 percent
of all determinations referred to in paragraph (1) that are
made in such year after the later of--
``(I) March 31; and
``(II) the date of enactment of this subsection;
and
``(ii) with respect to fiscal years after fiscal year 2004,
at least 50 percent of all such determinations that are made in
each such fiscal year.
``(B) In conducting reviews pursuant to subparagraph (A), the
Commissioner of Social Security shall, to the extent feasible, select
for review those determinations which the Commissioner of Social
Security identifies as being the most likely to be incorrect.''.
Calendar No. 349
108th CONGRESS
1st Session
H. R. 743
[Report No. 108-176]
_______________________________________________________________________
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.
_______________________________________________________________________
October 29, 2003
Reported with an amendment