[Congressional Record Volume 148, Number 86 (Tuesday, June 25, 2002)]
[House]
[Pages H3888-H3900]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SOCIAL SECURITY PROGRAM PROTECTION ACT OF 2002
Mr. SHAW. Mr. Speaker, I move to suspend the rules and pass the bill
(H.R. 4070) 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, as amended.
The Clerk read as follows:
H.R. 4070
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social
Security Program Protection Act of 2002''.
(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 upon
conviction of offenses resulting in imprisonment for more
than 1 year and upon fugitive felon status.
Sec. 104. Fee forfeiture in case of benefit misuse by representative
payees.
Sec. 105. Liability of representative payees for misused benefits.
Sec. 106. Authority to redirect delivery of benefit payments when a
representative payee fails to provide required
accounting.
Subtitle B--Enforcement
Sec. 111. Civil monetary penalty authority with respect to wrongful
conversions by representative payees.
TITLE II--PROGRAM PROTECTIONS
Sec. 201. Civil monetary penalty authority with respect to knowing
withholding of material facts.
Sec. 202. Denial of title II benefits to fugitive felons and persons
fleeing prosecution.
Sec. 203. Requirements relating to offers to provide for a fee a
product or service available without charge from the
Social Security Administration.
Sec. 204. Refusal to recognize certain individuals as claimant
representatives.
Sec. 205. Penalty for corrupt or forcible interference with
administration of Social Security Act.
Sec. 206. Use of symbols, emblems, or names in reference to social
security or medicare.
TITLE III--ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS
Sec. 301. Cap on attorney assessments.
Sec. 302. Extension of attorney fee payment system to title XVI claims.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Subtitle A--Amendments Relating to the Ticket to Work and Work
Incentives Improvement Act of 1999
Sec. 401. Application of demonstration authority sunset date to new
projects.
Sec. 402. Expansion of waiver authority available in connection with
demonstration projects providing for reductions in
disability insurance benefits based on earnings.
Sec. 403. Funding of demonstration projects provided for reductions in
disability insurance benefits based on earnings.
Sec. 404. Availability of Federal and State work incentive services to
additional individuals.
Sec. 405. Technical amendment clarifying treatment for certain purposes
of individual work plans under the Ticket to Work and
Self-Sufficiency Program.
Subtitle B--Miscellaneous Amendments
Sec. 411. Elimination of transcript requirement in remand cases fully
favorable to the claimant.
Sec. 412. Nonpayment of benefits upon removal from the United States.
Sec. 413. Reinstatement of certain reporting requirements.
Sec. 414. Clarification of definitions regarding certain survivor
benefits.
Sec. 415. Clarification respecting the FICA and SECA tax exemptions for
an individual whose earnings are subject to the laws of a
totalization agreement partner.
Sec. 416. Coverage under divided retirement system for public employees
in Kentucky.
Sec. 417. Compensation for the Social Security Advisory Board.
Subtitle C--Technical Amendments
Sec. 431. Technical correction relating to responsible agency head.
Sec. 432. Technical correction relating to retirement benefits of
ministers.
Sec. 433. Technical corrections relating to domestic employment.
Sec. 434. Technical corrections of outdated references.
Sec. 435. Technical correction respecting self-employment income in
community property States.
TITLE I--PROTECTION OF BENEFICIARIES
Subtitle A--Representative Payees
SEC. 101. AUTHORITY TO REISSUE BENEFITS MISUSED BY
ORGANIZATIONAL REPRESENTATIVE PAYEES.
(a) Title II Amendments.--
(1) Reissuance of benefits.--Section 205(j)(5) of the
Social Security Act (42 U.S.C. 405(j)(5)) is amended by
inserting after the first sentence the following new
sentences: ``In any case in which a representative payee--
``(A) that is not an individual (regardless of whether it
is a `qualified organization' within the meaning of paragraph
(4)(B)); or
``(B) is an individual who, for any month during a period
when misuse occurs, serves 15 or more individuals who are
beneficiaries under this title, title VIII, title XVI, or any
combination of such titles;
misuses all or part of an individual's benefit paid to such
representative payee, the Commissioner of Social Security
shall certify for payment to the beneficiary or the
beneficiary's alternative representative payee an amount
equal to the amount of such benefit so misused. The
provisions of this paragraph are subject to the limitations
of paragraph (7)(B).''.
(2) Misuse of benefits defined.--Section 205(j) of such Act
(42 U.S.C. 405(j)) is amended by adding at the end the
following new paragraph:
``(8) For purposes of this subsection, misuse of benefits
by a representative payee occurs in any case in which the
representative payee receives payment under this title for
the use and benefit of another person and converts such
payment, or any part thereof, to a use other than for the use
and benefit of such other person. The Commissioner of Social
Security may prescribe by regulation the meaning of the term
`use and benefit' for purposes of this paragraph.''.
(b) Title VIII Amendments.--
(1) Reissuance of benefits.--Section 807(i) of the Social
Security Act (42 U.S.C. 1007(i)) is amended by inserting
after the first sentence the following new sentences: ``In
any case in which a representative payee--
``(1) that is not an individual; or
``(2) is an individual who, for any month during a period
when misuse occurs, serves 15 or more individuals who are
beneficiaries under this title, title II, title XVI, or any
combination of such titles;
misuses all or part of an individual's benefit paid to such
representative payee, the Commissioner of Social Security
shall pay to the beneficiary or the beneficiary's alternative
representative payee an amount equal to the amount of such
benefit so misused. The provisions of this paragraph are
subject to the limitations of subsection (l)(2).''.
(2) Misuse of benefits defined.--Section 807 of such Act
(42 U.S.C. 1007) is amended by adding at the end the
following new subsection:
``(j) Misuse of Benefits.--For purposes of this title,
misuse of benefits by a representative payee occurs in any
case in which the representative payee receives payment under
this title for the use and benefit of another person 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 subsection.''.
(3) Technical amendment.--Section 807(a) of such Act (42
U.S.C. 1007(a)) is amended, in the first sentence, by
striking ``for his or her benefit'' and inserting ``for his
or her use and benefit''.
(c) Title XVI Amendments.--
(1) Reissuance of benefits.--Section 1631(a)(2)(E) of such
Act (42 U.S.C. 1383(a)(2)(E)) is amended by inserting after
the first sentence the following new sentences: ``In any case
in which a representative payee--
``(i) that is not an individual (regardless of whether it
is a `qualified organization' within the meaning of
subparagraph (D)(ii)); or
``(ii) is an individual who, for any month during a period
when misuse occurs, serves 15 or more individuals who are
beneficiaries under this title, title II, title VIII, or any
combination of such titles;
misuses all or part of an individual's benefit paid to the
representative payee, the Commissioner of Social Security
shall make payment to the beneficiary or the beneficiary's
alternative representative payee of an amount equal to the
amount of the benefit so misused. The provisions of this
subparagraph are subject to the limitations of subparagraph
(H)(ii).''.
(2) Exclusion of reissued benefits from resources.--Section
1613(a) of such Act (42 U.S.C. 1382b(a)) is amended--
[[Page H3889]]
(A) in paragraph (12), by striking ``and'' at the end;
(B) in paragraph (13), by striking the period and inserting
``; and''; and
(C) by inserting after paragraph (13) the following new
paragraph:
``(14) for the 9-month period beginning after the month in
which received, any amount received by such individual (or
spouse) or any other person whose income is deemed to be
included in such individual's (or spouse's) income for
purposes of this title as restitution for benefits under this
title, title II, or title VIII that a representative payee of
such individual (or spouse) or such other person under
section 205(j), 807, or 1631(a)(2) has misused.''.
(3) Misuse of benefits defined.--Section 1631(a)(2)(A) of
such Act (42 U.S.C. 1383(a)(2)(A)) is amended by adding at
the end the following new clause:
``(iv) For purposes of this paragraph, misuse of benefits
by a representative payee occurs in any case in which the
representative payee receives payment under this title for
the use and benefit of another person and converts such
payment, or any part thereof, to a use other than for the use
and benefit of such other person. The Commissioner of Social
Security may prescribe by regulation the meaning of the term
`use and benefit' for purposes of this clause.''.
(d) Effective Date.--The amendments made by this section
shall apply to any case of benefit misuse by a representative
payee with respect to which the Commissioner makes the
determination of misuse on or after January 1, 1995.
SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES.
(a) Certification of Bonding and Licensing Requirements for
Nongovernmental Organizational Representative Payees.--
(1) Title ii amendments.--Section 205(j) of the Social
Security Act (42 U.S.C. 405(j)) is amended--
(A) in paragraph (2)(C)(v), by striking ``a community-based
nonprofit social service agency licensed or bonded by the
State'' in subclause (I) and inserting ``a certified
community-based nonprofit social service agency (as defined
in paragraph (9))'';
(B) in paragraph (3)(F), by striking ``community-based
nonprofit social service agencies'' and inserting ``certified
community-based nonprofit social service agencies (as defined
in paragraph (9))'';
(C) in paragraph (4)(B), by striking ``any community-based
nonprofit social service agency which is bonded or licensed
in each State in which it serves as a representative payee''
and inserting ``any certified community-based nonprofit
social service agency (as defined in paragraph (9))''; and
(D) by adding after paragraph (8) (as added by section
101(a)(2) of this Act) the following new paragraph:
``(9) For purposes of this subsection, the term `certified
community-based nonprofit social service agency' means a
community based nonprofit social service agency which is in
compliance with requirements, under regulations which shall
be prescribed by the Commissioner, for annual certification
to the Commissioner that it is bonded in accordance with
requirements specified by the Commissioner and that it is
licensed in each State in which it serves as a representative
payee (if licensing is available in such State) in accordance
with requirements specified by the Commissioner. Any such
annual certification shall include a copy of any independent
audit on such agency which may have been performed since the
previous certification.''.
(2) Title xvi amendments.--Section 1631(a)(2) of such Act
(42 U.S.C. 1383(a)(2)) is amended--
(A) in subparagraph (B)(vii), by striking ``a community-
based nonprofit social service agency licensed or bonded by
the State'' in subclause (I) and inserting ``a certified
community-based nonprofit social service agency (as defined
in subparagraph (I))'';
(B) in subparagraph (D)(ii)--
(i) by striking ``or any community-based'' and all that
follows through ``in accordance'' in subclause (II) and
inserting ``or any certified community-based nonprofit social
service agency (as defined in subparagraph (I)), if the
agency, in accordance'';
(ii) by redesignating items (aa) and (bb) as subclauses (I)
and (II), respectively (and adjusting the margination
accordingly); and
(iii) by striking ``subclause (II)(bb)'' and inserting
``subclause (II)''; and
(C) by adding at the end the following new subparagraph:
``(I) For purposes of this paragraph, the term `certified
community-based nonprofit social service agency' means a
community based nonprofit social service agency which is in
compliance with requirements, under regulations which shall
be prescribed by the Commissioner, for annual certification
to the Commissioner that it is bonded in accordance with
requirements specified by the Commissioner and that it is
licensed in each State in which it serves as a representative
payee (if licensing is available in the State) in accordance
with requirements specified by the Commissioner. Any such
annual certification shall include a copy of any independent
audit on the agency which may have been performed since the
previous certification.''.
(3) Effective date.--The amendments made by this subsection
shall take effect on the first day of the thirteenth month
beginning after the date of the enactment of this Act.
(b) Periodic Onsite Review.--
(1) Title ii amendment.--Section 205(j)(6) of such Act (42
U.S.C. 405(j)(6)) is amended to read as follows:
``(6)(A) In addition to such other reviews of
representative payees as the Commissioner of Social Security
may otherwise conduct, the Commissioner shall provide for the
periodic onsite review of any person or agency located in the
United States that receives the benefits payable under this
title (alone or in combination with benefits payable under
title VIII or title XVI) to another individual pursuant to
the appointment of such person or agency as a representative
payee under this subsection, section 807, or section
1631(a)(2) in any case in which--
``(i) the representative payee is a person who serves in
that capacity with respect to 15 or more such individuals;
``(ii) the representative payee is a certified community-
based nonprofit social service agency (as defined in
paragraph (9) of this subsection or section 1631(a)(2)(I));
or
``(iii) the representative payee is an agency (other than
an agency described in clause (ii)) that serves in that
capacity with respect to 50 or more such individuals.
``(B) Within 120 days after the end of each fiscal year,
the Commissioner shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate a report on the results of periodic
onsite reviews conducted during the fiscal year pursuant to
subparagraph (A) and of any other reviews of representative
payees conducted during such fiscal year in connection with
benefits under this title. Each such report shall describe in
detail all problems identified in such reviews and any
corrective action taken or planned to be taken to correct
such problems, and shall include--
``(i) the number of such reviews;
``(ii) the results of such reviews;
``(iii) the number of cases in which the representative
payee was changed and why;
``(iv) the number of cases involving the exercise of
expedited, targeted oversight of the representative payee by
the Commissioner conducted upon receipt of an allegation of
misuse of funds, failure to pay a vendor, or a similar
irregularity;
``(v) the number of cases discovered in which there was a
misuse of funds;
``(vi) how any such cases of misuse of funds were dealt
with by the Commissioner;
``(vii) the final disposition of such cases of misuse of
funds, including any criminal penalties imposed; and
``(viii) such other information as the Commissioner deems
appropriate.''.
(2) Title viii amendment.--Section 807 of such Act (as
amended by section 101(b)(2) of this Act) is amended further
by adding at the end the following new subsection:
``(k) Periodic Onsite Review.--(1) In addition to such
other reviews of representative payees as the Commissioner of
Social Security may otherwise conduct, the Commissioner may
provide for the periodic onsite review of any person or
agency that receives the benefits payable under this title
(alone or in combination with benefits payable under title II
or title XVI) to another individual pursuant to the
appointment of such person or agency as a representative
payee under this section, section 205(j), or section
1631(a)(2) in any case in which--
``(A) the representative payee is a person who serves in
that capacity with respect to 15 or more such individuals; or
``(B) the representative payee is an agency that serves in
that capacity with respect to 50 or more such individuals.
``(2) Within 120 days after the end of each fiscal year,
the Commissioner shall submit to the Committee on Ways and
Means of the House of Representatives and the Committee on
Finance of the Senate a report on the results of periodic
onsite reviews conducted during the fiscal year pursuant to
paragraph (1) and of any other reviews of representative
payees conducted during such fiscal year in connection with
benefits under this title. Each such report shall describe in
detail all problems identified in such reviews and any
corrective action taken or planned to be taken to correct
such problems, and shall include--
``(A) the number of such reviews;
``(B) the results of such reviews;
``(C) the number of cases in which the representative payee
was changed and why;
``(D) the number of cases involving the exercise of
expedited, targeted oversight of the representative payee by
the Commissioner conducted upon receipt of an allegation of
misuse of funds, failure to pay a vendor, or a similar
irregularity;
``(E) the number of cases discovered in which there was a
misuse of funds;
``(F) how any such cases of misuse of funds were dealt with
by the Commissioner;
``(G) the final disposition of such cases of misuse of
funds, including any criminal penalties imposed; and
``(H) such other information as the Commissioner deems
appropriate.''.
(3) Title xvi amendment.--Section 1631(a)(2)(G) of such Act
(42 U.S.C. 1383(a)(2)(G)) is amended to read as follows:
``(G)(i) In addition to such other reviews of
representative payees as the Commissioner of Social Security
may otherwise conduct, the Commissioner shall provide for the
periodic onsite review of any person or agency that receives
the benefits payable under this title (alone or in
combination with benefits
[[Page H3890]]
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 UPON CONVICTION OF OFFENSES RESULTING IN
IMPRISONMENT FOR MORE THAN 1 YEAR AND UPON
FUGITIVE FELON STATUS.
(a) Title II Amendments.--Section 205(j)(2) of the Social
Security Act (42 U.S.C. 405(j)(2)) is amended--
(1) in subparagraph (B)(i)--
(A) by striking ``and'' at the end of subclause (III);
(B) by redesignating subclause (IV) as subclause (VI); and
(C) by inserting after subclause (III) the following new
subclauses:
``(IV) obtain information concerning whether such person
has been convicted of any other offense under Federal or
State law which resulted in imprisonment for more than 1
year,
``(V) obtain information concerning whether such person is
a fugitive felon as described in section 1611(e)(4), and''.
(2) 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
(3) in subparagraph (C)(i)--
(A) by striking ``or'' at the end of subclause (II);
(B) by striking the period at the end of subclause (III)
and inserting a comma; and
(C) by adding at the end the following new subclauses:
``(IV) such person has previously been convicted as
described in subparagraph (B)(i)(IV), unless the Commissioner
determines that such certification would be appropriate
notwithstanding such conviction, or
``(V) such person is in fugitive felon status as described
in section 1611(e)(4).''.
(b) Title VIII Amendments.--Section 807 of such Act (42
U.S.C. 1007) is amended--
(1) in subsection (b)(2)--
(A) by striking ``and'' at the end of subparagraph (C);
(B) by redesignating subparagraph (D) as subparagraph (F);
and
(C) by inserting after subparagraph (C) the following new
subparagraphs:
``(D) obtain information concerning whether such person has
been convicted of any other offense under a law of the United
States or of any State of the United States which resulted in
imprisonment for more than 1 year;
``(E) obtain information concerning whether such person is
a fugitive felon as described in section 804(a)(2); and'';
and
(2) in subsection (d)(1)--
(A) by striking ``or'' at the end of subparagraph (B);
(B) by striking the period at the end of subparagraph (C)
and inserting a semicolon; and
(C) by adding at the end the following new subparagraphs:
``(D) such person has previously been convicted as
described in subsection (b)(2)(D), unless the Commissioner
determines that such payment would be appropriate
notwithstanding such conviction; or
``(E) such person is in fugitive felon status as described
in section 804(a)(2).''.
(c) Title XVI Amendments.--Section 1631(a)(2)(B) of such
Act (42 U.S.C. 1383(a)(2)(B)) is amended--
(1) in clause (ii)--
(A) by striking ``and'' at the end of subclause (III);
(B) by redesignating subclause (IV) as subclause (VI); and
(C) by inserting after subclause (III) the following new
subclauses:
``(IV) obtain information concerning whether the person has
been convicted of any other offense under Federal or State
law which resulted in imprisonment for more than 1 year;
``(V) obtain information concerning whether such person is
a fugitive felon as described in section 1611(e)(4); 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)''; and
(3) in clause (iii)--
(A) by striking ``or'' at the end of subclause (II);
(B) by striking the period at the end of subclause (III)
and inserting a semicolon; and
(C) by adding at the end the following new subclauses:
``(IV) if 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 in fugitive felon status as described
in section 1611(e)(4).''.
(d) Effective Date.--The amendments made by this section
shall take effect on the first day of the thirteenth month
beginning after the date of the enactment of this Act.
(e) Report to the Congress.--The Commissioner of Social
Security, in consultation with the Inspector General of the
Social Security Administration, shall prepare a report
evaluating whether the existing procedures and reviews for
the qualification (including disqualification) of
representative payees are sufficient to enable the
Commissioner to protect benefits from being misused by
representative payees. The Commissioner shall submit the
report to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate no
later than 270 days after the date of the enactment of this
Act. The Commissioner shall include in such report any
recommendations that the Commissioner considers appropriate.
SEC. 104. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY
REPRESENTATIVE PAYEES.
(a) Title II Amendments.--Section 205(j)(4)(A)(i) of the
Social Security Act (42 U.S.C. 405(j)(4)(A)(i)) is amended--
(1) in the first sentence, by striking ``A'' and inserting
``Except as provided in the next sentence, a''; and
(2) in the second sentence, by striking ``The Secretary''
and inserting the following:
``A qualified organization may not collect a fee from an
individual for any month with respect to which the
Commissioner of Social Security or a court of competent
jurisdiction has determined that the organization misused all
or part of the individual's benefit, and any amount so
collected by the qualified organization for such month shall
be treated as a misused part of the individual's benefit for
purposes of paragraphs (5) and (6). The Commissioner''.
(b) Title XVI Amendments.--Section 1631(a)(2)(D)(i) of such
Act (42 U.S.C. 1383(a)(2)(D)(i)) is amended--
(1) in the first sentence, by striking ``A'' and inserting
``Except as provided in the next sentence, a''; and
(2) in the second sentence, by striking ``The
Commissioner'' and inserting the following: ``A qualified
organization may not collect a fee from an individual for any
month with respect to which the Commissioner of Social
Security or a court of competent jurisdiction has determined
that the organization misused all or part of the individual's
benefit, and any amount so collected by the qualified
organization for such month shall be treated as a misused
part of the individual's benefit for purposes of
subparagraphs (E) and (F). The Commissioner''.
(c) Effective Date.--The amendments made by this section
shall apply to any month involving benefit misuse by a
representative payee in any case with respect to which the
Commissioner makes the determination of misuse after December
31, 2002.
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 of this Act) is amended further--
(1) by redesignating paragraphs (7), (8), and (9) as
paragraphs (8), (9), and (10), respectively;
(2) in paragraphs (2)(C)(v), (3)(F), and (4)(B), by
striking ``paragraph (9)'' and inserting ``paragraph (10)'';
(3) in paragraph (6)(A)(ii), by striking ``paragraph (9)''
and inserting ``paragraph (10)''; and
(4) by inserting after paragraph (6) the following new
paragraph:
``(7)(A) If the Commissioner of Social Security or a court
of competent jurisdiction determines that a representative
payee that is not a Federal, State, or local government
agency has misused all or part of an individual's benefit
that was paid to such representative payee under this
subsection, the representative payee shall be liable for the
amount misused, and such amount (to the extent not repaid by
the representative payee) shall be treated as an overpayment
of
[[Page H3891]]
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) of this paragraph and the amount
certified for payment under paragraph (5) may not exceed the
total benefit amount misused by the representative payee with
respect to such individual.''.
(b) Title VIII Amendment.--Section 807 of such Act (as
amended by section 102(b)(2)) is amended further by adding at
the end the following new subsection:
``(l) Liability for Misused Amounts.--
``(1) In general.--If the Commissioner of Social Security
or a court of competent jurisdiction determines that a
representative payee that is not a Federal, State, or local
government agency has misused all or part of an 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 individual or such 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) of this subsection 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 of this
Act) 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) of this subparagraph 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 makes the
determination of misuse after December 31, 2002.
SEC. 106. AUTHORITY TO REDIRECT DELIVERY OF BENEFIT PAYMENTS
WHEN A REPRESENTATIVE PAYEE FAILS TO PROVIDE
REQUIRED ACCOUNTING.
(a) Title II Amendments.--Section 205(j)(3) of the Social
Security Act (42 U.S.C. 405(j)(3)) (as amended by sections
102(a)(1)(B) and 105(a)(2)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following new
subparagraph:
``(E) In any case in which the person described in
subparagraph (A) or (D) receiving payments on behalf of
another fails to submit a report required by the Commissioner
of Social Security under subparagraph (A) or (D), the
Commissioner may, after furnishing notice to such person and
the individual entitled to such payment, require that such
person appear in person at a field office of the Social
Security Administration serving the area in which the
individual resides in order to receive such payments.''.
(b) Title VIII Amendments.--Section 807(h) of such Act (42
U.S.C. 1007(h)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Authority to redirect delivery of benefit payments
when a representative payee fails to provide required
accounting.--In any case in which the person described in
paragraph (1) or (2) receiving benefit payments on behalf of
a qualified individual fails to submit a report required by
the Commissioner of Social Security under paragraph (1) or
(2), the Commissioner may, after furnishing notice to such
person and the qualified individual, require that such person
appear in person at a United States Government facility
designated by the Social Security Administration as serving
the area in which the qualified individual resides in order
to receive such benefit payments.''.
(c) Title XVI Amendment.--Section 1631(a)(2)(C) of such Act
(42 U.S.C. 1383(a)(2)(C)) is amended by adding at the end the
following new clause:
``(v) In any case in which the person described in clause
(i) or (iv) receiving payments on behalf of another fails to
submit a report required by the Commissioner of Social
Security under clause (i) or (iv), the Commissioner may,
after furnishing notice to the person and the individual
entitled to the payment, require that such person appear in
person at a field office of the Social Security
Administration serving the area in which the individual
resides in order to receive such payments.''.
(d) Effective Date.--The amendment made by this section
shall take effect 180 days after the date of the enactment of
this Act.
Subtitle B--Enforcement
SEC. 111. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO
WRONGFUL CONVERSIONS BY REPRESENTATIVE PAYEES.
(a) In General.--Section 1129(a) of the Social Security Act
(42 U.S.C. 1320a-8) is amended by adding at the end the
following new paragraph:
``(3) Any person (including an organization, agency, or
other entity) who, having received, while acting in the
capacity of a representative payee pursuant to section
205(j), 807, or 1631(a)(2), a payment under title II, VIII,
or XVI for the use and benefit of another individual,
converts such payment, or any part thereof, to a use that
such person knows or should know is other than for the use
and benefit of such other individual shall be subject to, in
addition to any other penalties that may be prescribed by
law, a civil money penalty of not more than $5,000 for each
such conversion. Such person shall also be subject to an
assessment, in lieu of damages sustained by the United States
resulting from the conversion, of not more than twice the
amount of any payments so converted.''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to violations committed after the
date of the enactment of this Act.
TITLE II--PROGRAM PROTECTIONS
SEC. 201. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO
KNOWING WITHHOLDING OF MATERIAL FACTS.
(a) Treatment of Withholding of Material Facts.--
(1) Civil penalties.--Section 1129(a)(1) of the Social
Security Act (42 U.S.C. 1320a-8(a)(1)) is amended--
(A) by striking ``who'' in the first sentence and inserting
``who--'';
(B) by striking ``makes'' in the first sentence and all
that follows through ``shall be subject to'' and inserting
the following:
``(A) makes, or causes to be made, a statement or
representation of a material fact, for use in determining any
initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments
under title VIII or XVI, that the person knows or should know
is false or misleading,
``(B) makes such a statement or representation for such use
with knowing disregard for the truth,
``(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, or
``(D) conceals or fails to disclose the occurrence of any
event that the person knows, or should know, is material to
the determination of any initial or continuing right to the
amount of monthly insurance benefits under title II or
benefits or payments under title VIII or XVI,
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 VIII or XVI that the
[[Page H3892]]
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,
``(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 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, or
``(4) conceals or fails to disclose the occurrence of any
event that the person knows, or should know, is material to
the determination of any initial or continuing right to the
amount of monthly insurance benefits under title II or
benefits or payments under title VIII or XVI,
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
later of--
(1) 180 days after the date of the enactment of this Act,
or
(2) the earlier of the date on which the Commissioner of
Social Security implements the system for issuing the
receipts required under subsection (e) of this section or the
date on which the Commissioner implements the centralized
computer file described in such subsection.
(e) Issuance by Commissioner of Receipts to Acknowledge
Submission of Reports of Changes in Earning or Work Status.--
Effective 180 days 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 beneficiary (or
representative) regarding a change in the beneficiary's
earning or work status, the Commissioner shall issue a
receipt to the beneficiary (or representative) each time he
or she submits documentation, or otherwise reports to the
Commissioner, on a change in such status.
SEC. 202. DENIAL OF TITLE II BENEFITS TO FUGITIVE FELONS AND
PERSONS FLEEING PROSECUTION.
(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, and
Fugitives'';
(2) in paragraph (1)(A)(ii)(IV), by striking ``or'' at the
end;
(3) in paragraph (1)(A)(iii), by striking the period at the
end and inserting a comma;
(4) by inserting after paragraph (1)(A)(iii) the following:
``(iv) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place
from which the person flees, for a crime, or an attempt to
commit a crime, which is a felony under the laws of the place
from which the person flees, or which, in the case of the
State of New Jersey, is a high misdemeanor under the laws of
such State, or
``(v) is violating a condition of probation or parole
imposed under Federal or State law.
In the case of an individual from whom such monthly benefits
have been withheld pursuant to clause (iv), the Commissioner
may, for good cause shown, pay such withheld benefits to the
individual.''; and
(5) in paragraph (3), by adding at the end the following
new subparagraph:
``(C) Notwithstanding the provisions of section 552a of
title 5, United States Code, or any other provision of
Federal or State law (other than section 6103 of the Internal
Revenue Code of 1986 and section 1106(c) of this Act), the
Commissioner shall furnish any Federal, State, or local law
enforcement officer, upon the written request of the officer,
with the current address, Social Security number, and
photograph (if applicable) of any beneficiary under this
title, if the officer furnishes the Commissioner with the
name of the beneficiary, and other identifying information as
reasonably required by the Commissioner to establish the
unique identity of the beneficiary, and notifies the
Commissioner that--
``(i) the beneficiary--
``(I) is described in clause (iv) or (v) of paragraph
(1)(A); and
``(II) has information that is necessary for the officer to
conduct the officer's official duties; and
``(ii) the location or apprehension of the beneficiary is
within the officer's official duties.''.
(b) Regulations.--Not later than 1 year 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)).
SEC. 203. REQUIREMENTS RELATING TO OFFERS TO PROVIDE FOR A
FEE A PRODUCT OR SERVICE AVAILABLE WITHOUT
CHARGE FROM THE SOCIAL SECURITY ADMINISTRATION.
(a) In General.--Section 1140 of the Social Security Act
(42 U.S.C. 1320b-10) is amended--
(1) in subsection (a), by adding at the end the following
new paragraph:
``(4)(A) No person shall offer, for a fee, to assist an
individual to obtain a product or service that the person
knows or should know is provided free of charge by the Social
Security Administration unless, at the time the offer is
made, the person provides to the individual to whom the offer
is tendered a notice that--
``(i) explains that the product or service is available
free of charge from the Social Security Administration, and
``(ii) complies with standards prescribed by the
Commissioner of Social Security respecting 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 one year after the date of the
enactment of this Act.
SEC. 204. 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 (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. 205. 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 1134 the
following new section:
``attempts to interfere with administration of social security act
``Sec. 1135. Corrupt or Forcible Interference.--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 member of the family of
such an officer or employee.''.
SEC. 206. 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',''
[[Page H3893]]
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.
TITLE III--ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS
SEC. 301. CAP ON ATTORNEY ASSESSMENTS.
(a) In General.--Section 206(d)(2)(A) of the Social
Security Act (42 U.S.C. 406(d)(2)(A)) is amended by inserting
``, except that the maximum amount of the assessment may not
exceed $100'' after ``subparagraph (B)''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to fees for representation of
claimants which are first required to be certified or paid
under section 206 of the Social Security Act on or after the
first day of the first month that begins after 180 days after
the date of the enactment of this Act.
SEC. 302. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE
XVI CLAIMS.
(a) In General.--Section 1631(d)(2) of the Social Security
Act (42 U.S.C. 1383(d)(2)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i)--
(A) by striking ``section 206(a)'' and inserting ``section
206'';
(B) by striking ``(other than paragraph (4) thereof)'' and
inserting ``(other than subsections (a)(4) and (d)
thereof)''; and
(C) by striking ``paragraph (2) thereof'' and inserting
``such section'';
(2) in subparagraph (A)(i), by striking ``in subparagraphs
(A)(ii)(I) and (C)(i),'' and inserting ``in subparagraphs
(A)(ii)(I) and (D)(i) of subsection (a)(2)'', and by striking
``and'' at the end;
(3) by striking subparagraph (A)(ii) and inserting the
following:
``(ii) by substituting, in subsections (a)(2)(B) and
(b)(1)(B)(i), the phrase `section 1631(a)(7)(A) or the
requirements of due process of law' for the phrase
`subsection (g) or (h) of section 223';
``(iii) by substituting, in subsection (a)(2)(C)(i), the
phrase `under title II' for the phrase `under title XVI';
``(iv) by substituting, in subsection (b)(1)(A), the phrase
`pay the amount of such fee' for the phrase `certify the
amount of such fee for payment' and by striking, in
subsection (b)(1)(A), the phrase `or certified for payment';
and
``(v) by substituting, in subsection (b)(1)(B)(ii), the
phrase `deemed to be such amounts as determined before any
applicable reduction under section 1631(g), and reduced by
the amount of any reduction in benefits under this title or
title II made pursuant to section 1127(a)' for the phrase
`determined before any applicable reduction under section
1127(a))'.''; and
(4) by striking subparagraph (B) and inserting the
following new subparagraphs:
``(B) Subject to subparagraph (C), if the claimant is
determined to be entitled to past-due benefits under this
title and the person representing the claimant is an
attorney, the Commissioner of Social Security shall pay out
of such past-due benefits to such attorney an amount equal to
the lesser of--
``(i) so much of the maximum fee as does not exceed 25
percent of such past-due benefits (as determined before any
applicable reduction under section 1631(g) and reduced by the
amount of any reduction in benefits under this title or title
II pursuant to section 1127(a)), or
``(ii) the amount of past-due benefits available after any
applicable reductions under sections 1631(g) and 1127(a).
``(C)(i) Whenever a fee for services is required to be paid
to an attorney from a claimant's past-due benefits pursuant
to subparagraph (B), the Commissioner shall impose on the
attorney an assessment calculated in accordance with clause
(ii).
``(ii)(I) The amount of an assessment under clause (i)
shall be equal to the product obtained by multiplying the
amount of the representative's fee that would be required to
be paid by subparagraph (B) before the application of this
subparagraph, by the percentage specified in subclause (II),
except that the maximum amount of the assessment may not
exceed $100.
``(II) The percentage specified in this subclause is such
percentage rate as the Commissioner determines is necessary
in order to achieve full recovery of the costs of determining
and approving fees to attorneys from the past-due benefits of
claimants, but not in excess of 6.3 percent.
``(iii) The Commissioner may collect the assessment imposed
on an attorney under clause (i) by offset from the amount of
the fee otherwise required by subparagraph (B) to be paid to
the attorney from a claimant's past-due benefits.
``(iv) An attorney subject to an assessment under clause
(i) may not, directly or indirectly, request or otherwise
obtain reimbursement for such assessment from the claimant
whose claim gave rise to the assessment.
``(v) Assessments on attorneys collected under this
subparagraph shall be deposited in the Treasury in a separate
fund created for this purpose.
``(vi) The assessments authorized under this subparagraph
shall be collected and available for obligation only to the
extent and in the amount provided in advance in
appropriations Acts. Amounts so appropriated are authorized
to remain available until expended, for administrative
expenses in carrying out this title and related laws.''.
(b) Effective Date.--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.
(c) Report to the Congress.--The Commissioner of Social
Security, after consulting with representatives of affected
beneficiaries and other interested persons, shall prepare a
report evaluating the feasibility 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. 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, and the Commissioner shall include in such report any
recommendations that the Commissioner considers appropriate.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Subtitle A--Amendments Relating to the Ticket to Work and Work
Incentives Improvement Act of 1999
SEC. 401. APPLICATION OF DEMONSTRATION AUTHORITY SUNSET DATE
TO NEW PROJECTS.
Section 234 of the Social Security Act (42 U.S.C. 434) is
amended--
(1) in the first sentence of subsection (c), by striking
``conducted under subsection (a)'' and inserting ``initiated
under subsection (a) on or before December 17, 2004''; and
(2) in subsection (d)(2), by amending the first sentence to
read as follows: ``The authority to initiate projects under
the preceding provisions of this section shall terminate on
December 18, 2004.''.
SEC. 402. EXPANSION OF WAIVER AUTHORITY AVAILABLE IN
CONNECTION WITH DEMONSTRATION PROJECTS
PROVIDING FOR REDUCTIONS IN DISABILITY
INSURANCE BENEFITS BASED ON EARNINGS.
Section 302(c) of the Ticket to Work and Work Incentives
Improvement Act of 1999 (42 U.S.C. 434 note) is amended by
striking ``(42 U.S.C. 401 et seq.),'' and inserting ``(42
U.S.C. 401 et seq.) and the requirements of section 1148 of
such Act (42 U.S.C. 1320b-19) as they relate to the program
established under title II of such Act,''.
SEC. 403. FUNDING OF DEMONSTRATION PROJECTS PROVIDED FOR
REDUCTIONS IN DISABILITY INSURANCE BENEFITS
BASED ON EARNINGS.
Section 302(f) of the Ticket to Work and Work Incentives
Improvement Act of 1999 (42 U.S.C. 434 note) is amended to
read as follows:
``(f) Expenditures.--Administrative expenses for
demonstration projects under this section shall be paid from
funds available for the administration of title II or title
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 title 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.''.
[[Page H3894]]
(2) Effective date.--The amendment made by this subsection
shall apply with respect to grants, cooperative agreements,
or contracts entered into on or after the date of the
enactment of this Act.
(b) State Grants for Work Incentives Assistance.--
(1) Definition of disabled beneficiary.--Section 1150(g)(2)
of such Act (42 U.S.C. 1320b-21(g)(2)) is amended to read as
follows:
``(2) Disabled beneficiary.--The term `disabled
beneficiary' means an individual--
``(A) who is a disabled beneficiary as defined in section
1148(k)(2) of this Act;
``(B) who is receiving a cash payment described in section
1616(a) of this Act or a supplementary payment described in
section 212(a)(3) of Public Law 93-66 (without regard to
whether such payment is paid by the Commissioner pursuant to
an agreement under section 1616(a) of this Act or under
section 212(b) of Public Law 93-66);
``(C) who, pursuant to section 1619(b) of this Act, is
considered to be receiving benefits under title XVI of this
Act; or
``(D) who is entitled to benefits under part A of title
XVIII of this Act by reason of the penultimate sentence of
section 226(b) of this Act.''.
(2) Advocacy or other services needed to maintain gainful
employment.--Section 1150(b)(2) of such Act (42 U.S.C. 1320b-
21(b)(2)) is amended by striking ``secure or regain'' and
inserting ``secure, maintain, or regain''.
(3) Effective date.--The amendments made by this subsection
shall apply with respect to payments provided after the date
of the enactment of this Act.
SEC. 405. TECHNICAL AMENDMENT CLARIFYING TREATMENT FOR
CERTAIN PURPOSES OF INDIVIDUAL WORK PLANS UNDER
THE TICKET TO WORK AND SELF-SUFFICIENCY
PROGRAM.
(a) In General.--Section 1148(g)(1) of the Social Security
Act (42 U.S.C. 1320b-19) is amended by adding at the end,
after and below subparagraph (E), the following new sentence:
``An individual work plan established pursuant to this
subsection shall be treated, for purposes of section
51(d)(6)(B)(i) of the Internal Revenue Code of 1986, as an
individualized written plan for employment under a State plan
for vocational rehabilitation services approved under the
Rehabilitation Act of 1973.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect as if included in section 505 of the Ticket
to Work and Work Incentives Improvement Act of 1999 (Public
Law 106-170; 113 Stat. 1921).
Subtitle B--Miscellaneous Amendments
SEC. 411. ELIMINATION OF TRANSCRIPT REQUIREMENT IN REMAND
CASES FULLY FAVORABLE TO THE CLAIMANT.
(a) In General.--Section 205(g) of the Social Security Act
(42 U.S.C. 405(g)) is amended in the sixth sentence by
striking ``and a transcript'' and inserting ``and, in any
case in which the Commissioner has not made a decision fully
favorable to the individual, a transcript''.
(b) Effective Date.--The amendment made by this section
shall apply with respect to final determinations issued (upon
remand) on or after the date of the enactment of this Act.
SEC. 412. NONPAYMENT OF BENEFITS UPON REMOVAL FROM THE UNITED
STATES.
(a) In General.--Paragraphs (1) and (2) of section 202(n)
of the Social Security Act (42 U.S.C. 402(n)(1), (2)) are
each amended by striking ``or (1)(E)''.
(b) Effective Date.--The amendment made by this section to
section 202(n)(1) of the Social Security Act shall apply to
individuals with respect to whom the Commissioner of Social
Security receives a removal notice from the Attorney General
after the date of the enactment of this Act. The amendment
made by this section to section 202(n)(2) of the Social
Security Act shall apply with respect to removals occurring
after the date of the enactment of this Act.
SEC. 413. REINSTATEMENT OF CERTAIN REPORTING REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and
Sunset Act of 1995 (31 U.S.C. 1113 note) does not apply to
any report required to be submitted under any of the
following provisions of law:
(1)(A) Section 201(c)(2) of the Social Security Act (42
U.S.C. 401(c)(2)).
(B) Section 1817(b)(2) of the Social Security Act (42
U.S.C. 1395i(b)(2)).
(C) Section 1841(b)(2) of the Social Security Act (42
U.S.C. 1395t(b)(2)).
(2)(A) Section 221(c)(3)(C) of the Social Security Act (42
U.S.C. 421(c)(3)(C)).
(B) Section 221(i)(3) of the Social Security Act (42 U.S.C.
421(i)(3)).
SEC. 414. CLARIFICATION OF DEFINITIONS REGARDING CERTAIN
SURVIVOR BENEFITS.
(a) Widows.--Section 216(c) of the Social Security Act (42
U.S.C. 416(c)) is amended--
(1) by redesignating subclauses (A) through (C) of clause
(6) as subclauses (i) through (iii), respectively;
(2) by redesignating clauses (1) through (6) as clauses (A)
through (F), respectively;
(3) in clause (E) (as redesignated), by inserting ``except
as provided in paragraph (2),'' before ``she was married'';
(4) by inserting ``(1)'' after ``(c)''; and
(5) by adding at the end the following new paragraph:
``(2) The requirements of paragraph (1)(E) in connection
with the surviving wife of an individual shall be treated as
satisfied if--
``(A) the individual had been married prior to the
individual's marriage to the surviving wife,
``(B) the prior wife was institutionalized during the
individual's marriage to the prior wife due to mental
incompetence or similar incapacity,
``(C) during the period of the prior wife's
institutionalization, the individual would have divorced the
prior wife and married the surviving wife, but the individual
did not do so because such divorce would have been unlawful,
by reason of the prior wife's institutionalization, under the
laws of the State in which the individual was domiciled at
the time (as determined based on evidence satisfactory to the
Commissioner of Social Security),
``(D) the prior wife continued to remain institutionalized
up to the time of her death, and
``(E) the individual married the surviving wife within 60
days after prior wife's death.''.
(b) Widowers.--Section 216(g) of such Act (42 U.S.C.
416(g)) is amended--
(1) by redesignating subclauses (A) through (C) of clause
(6) as subclauses (i) through (iii), respectively;
(2) by redesignating clauses (1) through (6) as clauses (A)
through (F), respectively;
(3) in clause (E) (as redesignated), by inserting ``except
as provided in paragraph (2),'' before ``he was married'';
(4) by inserting ``(1)'' after ``(g)''; and
(5) by adding at the end the following new paragraph:
``(2) The requirements of paragraph (1)(E) in connection
with the surviving husband of an individual shall be treated
as satisfied if--
``(A) the individual had been married prior to the
individual's marriage to the surviving husband,
``(B) the prior husband was institutionalized during the
individual's marriage to the prior husband due to mental
incompetence or similar incapacity,
``(C) during the period of the prior husband's
institutionalization, the individual would have divorced the
prior husband and married the surviving husband, but the
individual did not do so because such divorce would have been
unlawful, by reason of the prior husband's
institutionalization, under the laws of the State in which
the individual was domiciled at the time (as determined based
on evidence satisfactory to the Commissioner of Social
Security),
``(D) the prior husband continued to remain
institutionalized up to the time of his death, and
``(E) the individual married the surviving husband within
60 days after prior husband's death.''.
(c) Conforming Amendment.--Section 216(k) of such Act (42
U.S.C. 416(k)) is amended by striking ``clause (5) of
subsection (c) or clause (5) of subsection (g)'' and
inserting ``clause (E) of subsection (c)(1) or clause (E) of
subsection (g)(1)''.
(d) Effective Date.--The amendments made by this section
shall be effective with respect to applications for benefits
under title II of the Social Security Act filed during months
ending after the date of the enactment of this Act.
SEC. 415. CLARIFICATION RESPECTING THE FICA AND SECA TAX
EXEMPTIONS FOR AN INDIVIDUAL WHOSE EARNINGS ARE
SUBJECT TO THE LAWS OF A TOTALIZATION AGREEMENT
PARTNER.
Sections 1401(c), 3101(c), and 3111(c) of the Internal
Revenue Code of 1986 are each amended by striking ``to taxes
or contributions for similar purposes under'' and inserting
``exclusively to the laws applicable to''.
SEC. 416. COVERAGE UNDER DIVIDED RETIREMENT SYSTEM FOR PUBLIC
EMPLOYEES IN KENTUCKY.
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,''.
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 for each day during
which the member is engaged in performing a function of the
Board. 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, 2002.
Subtitle C--Technical Amendments
SEC. 431. 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. 432. 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
[[Page H3895]]
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. 433. 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. 434. TECHNICAL CORRECTIONS OF OUTDATED REFERENCES.
(a) Correction of Terminology and Citations Respecting
Removal From the United States.--Section 202(n) of the Social
Security Act (42 U.S.C. 402(n)) (as amended by section 412)
is amended further--
(1) by striking ``deportation'' each place it appears and
inserting ``removal'';
(2) by striking ``deported'' each place it appears and
inserting ``removed'';
(3) in paragraph (1) (in the matter preceding subparagraph
(A)), by striking ``under section 241(a) (other than under
paragraph (1)(C) thereof)'' and inserting ``under section
237(a) (other than paragraph (1)(C) thereof) or
212(a)(6)(A)'';
(4) in paragraph (2), by striking ``under any of the
paragraphs of section 241(a) of the Immigration and
Nationality Act (other than under paragraph (1)(C) thereof)''
and inserting ``under any of the paragraphs of section 237(a)
of the Immigration and Nationality Act (other than paragraph
(1)(C) thereof) or under section 212(a)(6)(A) of such Act'';
(5) in paragraph (3)--
(A) by striking ``paragraph (19) of section 241(a)'' and
inserting ``subparagraph (D) of section 237(a)(4)''; and
(B) by striking ``paragraph (19)'' and inserting
``subparagraph (D)''; and
(6) in the heading, by striking ``Deportation'' and
inserting ``Removal''.
(b) Correction of Citation Respecting the Tax Deduction
Relating to Health Insurance Costs of Self-Employed
Individuals.--Section 211(a)(15) of such Act (42 U.S.C.
411(a)(15)) is amended by striking ``section 162(m)'' and
inserting ``section 162(l)''.
(c) Elimination of Reference to Obsolete 20-Day
Agricultural Work Test.--Section 3102(a) of the Internal
Revenue Code of 1986 is amended by striking ``and the
employee has not performed agricultural labor for the
employer on 20 days or more in the calendar year for cash
remuneration computed on a time basis''.
SEC. 435. 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''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Florida (Mr. Shaw) and the gentleman from California (Mr. Matsui) each
will control 20 minutes.
The Chair recognizes the gentleman from Florida (Mr. Shaw).
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, the House today will consider the Social Security
Program Protection Act of 2002. It is legislation that would provide
the Social Security Administration with the additional tools it needs
to fight activities that drain program resources and undermine the
financial security of beneficiaries.
Many Social Security and supplemental security income beneficiaries
have individuals or organizations called representative payees
appointed by the agency to help manage their financial affairs when
they are not capable. Nearly 7 million beneficiaries entrust their
finances to representative payees who help safeguard their income and
make sure expenditures are made in their best interests. Most are
conscientious and honest. However, some are not.
This bill raises the standard for representative payees and imposes
stricter regulation and monetary penalties on those who take advantage
of seniors. The bill also expands the existing prohibition against
fugitive felons receiving benefits. In 1996, Congress denied
supplemental security income benefits to persons fleeing prosecution or
confinement. However, fugitive felons can still receive title II
benefits. This is plain wrong, and H.R. 4070 denies benefits to those
fleeing justice.
Furthermore, the protection act enhances the ability of the Inspector
General to fight fraud through new civil monetary penalties. This will
help prevent seniors from being taken advantage of by unscrupulous
organizations and individuals who deceptively present themselves as
part of the Social Security Administration.
While the bill cracks down on fraud and abuse, it also makes it
easier for persons applying for disability benefits to obtain needed
legal representation, and it improves the flexibility of the Ticket to
Work program to enable more individuals with disabilities to seek and
find jobs and achieve self-sufficiency. Also, the bill would amend the
Social Security Act to include Kentucky among the States that may
divide their retirement systems into two parts and thereby providing
Social Security coverage under State agreement only for those State and
local workers who choose it.
Ensuring the integrity of Social Security programs is a key
responsibility of the agency and of Congress. Taxpayers must be
confident that their hard-earned payroll dollars are being spent
accurately and wisely. Those who apply for and who receive Social
Security benefits must receive timely services and correct and fair
decisions. On that we can all agree, and that is why this bill has
bipartisan support and was approved unanimously by the Social Security
subcommittee.
This bill is the culmination of extensive joint efforts by both the
majority and minority Members of the Committee on Ways and Means and
the full cooperation and support of the Social Security Administration
and the Office of Inspector General. The legislation also benefited
from the feedback provisions by advocacy groups and law enforcement
agencies. Last, but certainly not least, this bill results in a small
amount of savings for both the Social Security trust funds and general
revenues.
Today, we have an opportunity to continue our long tradition of
achievements on the Social Security program which has been built on a
foundation of common ground. Working together over the years, we have
removed barriers for individuals with disabilities to return to work.
We ended the earnings penalty for seniors who have reached full
retirement age; and most recently, the House approved legislation last
month to enhance benefits for women.
Working together we can vote today to protect some of the most
vulnerable beneficiaries and the integrity of the Social Security
program. My hope is that we can continue to build on these important
first steps and begin a constructive dialogue to strengthen Social
Security for our children, our grandchildren, and for all future
generations.
Mr. Speaker, I reserve the balance of my time.
Mr. MATSUI. Mr. Speaker, I yield myself such time as I may consume.
I rise in support of H.R. 4070, the Social Security Program
Protection Act of 2002. At this time, I would like to congratulate and
thank my colleague, the gentleman from Florida (Mr. Shaw), the Chair of
the Subcommittee on Social Security of the Committee on Ways and Means,
for his cooperation and his work on this particular piece of
legislation.
{time} 1500
Basically, there are three components of this legislation, Mr.
Speaker. We have the representative payee issue
[[Page H3896]]
that the gentleman from Florida (Mr. Shaw) spoke about, the attorney's
fees section as it pertains to supplemental security income, and there
are a number of program protections that were added to the Social
Security Administration's laws.
In terms of the representative payee, Mr. Speaker, as many people may
not know, if a Social Security recipient has a mental disability, is
young or perhaps is of extreme old age, oftentimes that individual
needs somebody to care for his or her Social Security check, whether it
is a disability check or whether it is a regular Social Security check.
So we have under the law what is known as representative payees. This
has been in existence for quite some time.
As our hearings and anecdotal information that many of us have
received in our congressional districts can attest to, we have had
problems with this program over the years because, oftentimes, if the
representative payee is not somebody of good character, that person may
take the Social Security check, abscond with it, and actually do damage
to the normal recipient of the Social Security check.
I had that problem some 12 years ago when a woman, Dorothea Puente,
had been a caretaker of a home in which about 15 people were living in
and she was the representative payee for all these people. She did not
need a bond or a license at that time. She actually murdered a number
of these people and took their checks. Finally, when one of the
relatives found out about the fact that one of the tenants of the
rooming house was missing, that is when it was uncovered that many
people had been murdered as a result of her activities and she was
receiving these checks.
Basically, what this legislation would do is to tighten up the
circumstances in which one could be qualified as a representative
payee. If one is an organizational payee, it requires the organization
to be both licensed and bonded. Right now, it only requires one or the
other. And it would also require inspections of certain representative
payees in terms of visiting with them, talking with them, and making
sure that in fact they are carrying out their fiduciary
responsibilities.
Also, if anyone has been convicted of an offense resulting in prison
for more than a year, they would be disqualified, or, obviously, a
fugitive or felon would be as well. And it would impose a monetary or
civil penalty on a payee who misuses benefits, and there was some
obvious ambiguity in the law before this time.
One of the most important provisions is that the beneficiary of the
Social Security checks oftentimes lose their savings when the
representative payee in fact has taken the money. This would, under a
certain showing, would require the representative payee to pay the
money back but also would allow the recipient of the benefits to be
made whole under a showing of certain circumstances.
Under the second section of the law, the attorney's fee section, Mr.
Speaker, many supplemental security recipients need representation,
because oftentimes they must seek their claims through the normal
administrative review system. This would allow these claimants to have
an attorney. Oftentimes, it is hard to get lawyers to represent them
because of the way the fee schedule is arranged and also because the
attorneys can never be guaranteed they will receive compensation for
their work. This would change that by allowing the Social Security
Administration to withhold fees for the attorneys and, at the same
time, cut the processing fee, which is currently 6.3 percent of the
overall attorney fees, to no more than $100.
Lastly, the third element of this program, obviously, would deny
benefits to fugitive felons, which is under current law, and persons
fleeing prosecution. It would require companies that charge a fee for
services under the Social Security Administration, if in fact the
administration does not charge a fee, it requires the companies to
state it; that, in fact, the Social Security Administration would
provide the same services without any compensation or without fee.
There are a number of other provisions, like it bars attorneys who
have been disbarred or otherwise disqualified from the practice of
representing claimants under the Social Security Act. So this
legislation would go a long ways in helping recipients, it would
undoubtedly help recipients obtain representation, and it would build
in a number of protections for claimants in this Social Security
Administration Act.
I would urge support of H.R. 4070; and I want to commend my
colleague, the gentleman from Florida (Mr. Shaw), for the work that he
has done on this particular legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. SHAW. Mr. Speaker, I yield 2 minutes to the gentleman from
Kentucky (Mr. Lewis), a valued member of the subcommittee.
Mr. LEWIS of Kentucky. Mr. Speaker, I thank the gentleman for
yielding me this time, and I rise today to register my strong support
for the Social Security Protection Act of 2002.
Last month, the House passed a bill that would result in higher
Social Security for women. It passed 418 to 0. I expect to see the same
strong bipartisan support for the legislation we are considering today.
H.R. 4070 is a common-sense bill that provides the Social Security
Administration with the necessary resources to fight fraud and abuse
within the system. Along with other provisions, this will help save
over $165 million over 5 years.
The bill also improves the landmark Ticket to Work bill to help
people with disabilities find work. In addition, H.R. 4070 adds
Kentucky to the list of States that offer divided retirement systems.
In just over 6 months from now, the governments of the City of
Louisville and Jefferson County will merge. Since the merger was
approved by the people of Jefferson County in November, 2000, local
elected officials have been working to go to ensure a smooth
transition.
One important issue that still needs to be addressed is how to
provide Social Security and Medicare coverage to hazardous duty
employees working for the county and city.
On January 6, 2003, all officers will be considered as a single group
for Social Security coverage purposes. Currently, some police officers
and firefighters contribute to Medicare but not Social Security, some
contribute to both, others neither. Ensuring fair and equitable
coverage presents a serious challenge to the new government.
After working with all interested parties, it was agreed a divided
retirement system is the solution. Currently, 21 States use this
system.
Under a divided retirement system, each employee will decide whether
to pay into Social Security. All new employees hired after the system
is in place would automatically be enrolled in Social Security.
The Kentucky Division of Social Security has already started the
education process with representatives from SSA and the Louisville
Fraternal Order of Police. And the Kentucky General Assembly has
adopted a bill that allows this system to go forward as soon as
Congress approves this legislation and President Bush signs it into
law.
This provision is important to the police officers and firefighters
in my district. I appreciate the gentleman from Florida (Mr. Shaw) and
the gentleman from California (Mr. Matsui) agreeing to include it in
H.R. 4070.
In closing, I urge my colleagues to support this bill.
Mr. MATSUI. Mr. Speaker, I yield 2 minutes to the gentleman from New
Jersey (Mr. Andrews).
(Mr. ANDREWS asked and was given permission to revise and extend his
remarks.)
Mr. ANDREWS. Mr. Speaker, I thank the gentleman for yielding me this
time.
I thank and commend the authors of this very worthy legislation for
bringing it to the floor, but, Mr. Speaker, I must lament the questions
that we are not answering about Social Security, which I think are far
more fundamental.
As we speak today, for every $100 our government is spending, we are
only bringing in about $90 worth of revenue. The way we are making up
the $10 difference is to reach first into the Social Security Trust
Fund to fund the operations of this government. That is the number one
issue about Social Security, stopping that practice.
[[Page H3897]]
We need to bring together the leadership of the House and the Senate
to sit around the kitchen table, as many American families did after
the disaster of September 11 to figure out how to change their budget,
we need to figure out how to change ours.
A second major Social Security question that is not being dealt with
on this floor is the idea of privatizing all or part of the Social
Security system. This is an idea that is worthy of debate. I think it
has many flaws, many risks, and many pitfalls. There are those who in
good faith disagree with my conclusions, but no one should disagree
that, before this Congress adjourns for the year, ideas about the
privatization of Social Security should be brought to this floor,
debated, and voted upon, so the American people can see where the
Members stand and what they believe about these very important
questions.
So I commend the authors for this very worthy bill, but I must lament
the fact we are not answering the fundamental fact about Social
Security: How do we stop dipping into the fund to fund the operations
of the United States Government? That is what we need to focus on.
Mr. SHAW. Mr. Speaker, I yield 2 minutes the gentleman from
California (Mr. Herger), a distinguished member of the Committee on
Ways and Means.
Mr. HERGER. Mr. Speaker, I rise in strong support of H.R. 4070, the
Social Security Program Protection Act. This legislation contains
important provisions to better protect retired and disabled Americans.
In particular, I want to congratulate the chairman, the gentleman from
Florida (Mr. Shaw), for the changes in his bill designed to keep
convicted fugitive felons from getting Social Security checks. These
efforts build on legislation I authored in 1996 that blocks fugitives
from getting supplemental security income, or SSI, checks.
According to the Social Security Inspector General, since the 1996
changes, over 65,000 fugitives have been identified and almost 7,000
have been arrested. As a result, American taxpayers have saved an
estimated $200 million. The legislation before us today takes the next
step by also barring fugitives from getting Social Security checks.
Some Americans receive both Social Security and SSI checks. Yet,
under current law, the government stops SSI checks for fugitives while
continuing to send Social Security checks, even to known fugitives.
This legislation closes that fugitive loophole. Our law should help
bring fugitives to justice, not subsidize their flights from justice.
This bill does just that.
Over the years, the Committee on Ways and Means on which I serve has
taken a number of steps to better protect Social Security recipients
and other taxpayers. We ended SSI checks for prisoners and fugitives,
and we stopped subsidizing addicts with disability checks. The changes
in this legislation follow that same spirit, and I urge my colleagues
to support this bill.
Mr. MATSUI. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from the State of North Dakota (Mr. Pomeroy), a member of the
Subcommittee on Social Security of the Committee on Ways and Means.
Mr. POMEROY. Mr. Speaker, I thank the gentleman for yielding me this
time.
This is a fine little bill, contains some protections for people who,
because of age and disability, need assistance in managing their
financial affairs for a family member, friend, or community
organization. I will vote for this bill, and I urge my colleagues to
vote for this bill.
But in a broader sense, it is a little like the community fire
department of Durango, Colorado, holding an open house today. They are
not holding an open house today because they have a fire to fight.
Bigger things to do.
Quite frankly, when it comes to the Social Security program, I think
there are more pressing matters than this legislation, which admittedly
is good. We have to do it. I am glad we are doing it. But to have this
take the place of the broader debate is absolutely confounding.
Two principal questions hang over the Social Security program: the
first involves its finances. We have gone from retiring debt held by
the public, strengthening the financial condition of this country with
those Social Security surplus dollars, to now running once again budget
deficits. This means a raid on Social Security dollars, taking cash
coming in for Social Security and spending it on other programs of
government. That is wrong, and it makes our long-term funding problem
for Social Security even harder.
Second major issue: privatization. We know the President wants to
privatize Social Security. He has said so. He has had a commission that
came out with recommendations to privatize Social Security. We know the
majority has bills to privatize Social Security. We think we deserve to
have debate on the floor of this House about that significant concept.
Count me against it. I believe the existing Social Security program
provides vitally important guaranteed revenue to people in their
retirement years, to people living on disability, or to individuals who
have lost the primary breadwinner in their home. This is a program that
has worked for six decades, perhaps better than any other Federal
program. To have these plans afoot to so dramatically change the system
but held quietly under the rug until the next election is just wrong.
Let us get it out, let us debate it, and, in the end, let us strengthen
Social Security.
Mr. SHAW. Mr. Speaker, I yield 2 minutes to the gentleman from Texas
(Mr. Brady), a distinguished member of the Subcommittee on Social
Security of the Committee on Ways and Means.
Mr. BRADY of Texas. Mr. Speaker, I thank the gentleman for yielding
me this time, and I rise today in support of the Social Security
Protection Act.
I want to thank Chairman Shaw for his work on this and other issues
related to Social Security.
What we are debating today is a bill that will cut down on the waste,
fraud, and abuse that surrounds the Social Security system today. This
bill is needed to protect the 7 million people in this country who
receive Social Security benefits but cannot manage them on their own.
People like young, innocent children, people with Alzheimer's, and
those with severe mental illness are just a few of the real-life
examples we are trying to help.
We expect this bill to pass by a very broad bipartisan margin. That
is how Social Security issues ought to pass, with Republicans and
Democrats working together to reform this vital retirement system.
{time} 1515
It surprises me that we are seeing such a lively debate on this
bipartisan measure.
Mr. Speaker, we know if we do not reform Social Security in a
bipartisan manner, it will go broke in 2017. Now is the time to get the
ball rolling on reform by working together. Republicans have come up
with a responsive plan that does not privatize Social Security as
Members on the other side of the aisle would scare us with.
The question here is: Is there anyone in Washington who seriously
believes we can preserve Social Security once and for all without
putting some portion of our payroll taxes to work for us? Common sense
tells us we must transition to a traditional retirement plan where
money grows over time into a bigger nest egg. The only question is how
we do it and how soon. Some would say that is privatizing; most would
say that is common sense.
Mr. Speaker, I sincerely hope the rhetoric being heard on the floor
is not an indicator for the debate that is to come on this issue. It is
time for Republicans and Democrats to sit down and have a reasonable,
rational discussion about saving Social Security once and for all.
Mr. MATSUI. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I would just comment to the gentleman from Texas (Mr.
Brady) that perhaps the majority should just bring a bill on the floor
on privatization, let us debate it, and vote on it. That way we can
discuss it if the gentleman is in favor of it.
Mr. Speaker, I yield 2 minutes to the gentleman from Maine (Mr.
Allen).
Mr. ALLEN. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, I rise in strong support of H.R. 4070, the Social
Security Program Protection Act of 2002. I commend the gentleman from
Florida (Mr. Shaw) and the gentleman from California (Mr. Matsui) for
their work on this bill.
[[Page H3898]]
I want to speak regarding section 415, which will directly benefit
one of my constituents, Mrs. Nancy Wilson of Bremen, Maine. In both the
105th and 106th Congresses, private legislation passed this House that
I sponsored that would have helped Nancy Wilson, but it was not acted
upon by the other body. In the 107th Congress, the Committee on Ways
and Means raised objections to the private legislation. However, the
committee has graciously worked with me to include in H.R. 4070
language from my bill, H.R. 319, that will help Mrs. Wilson.
She has been denied Social Security benefits for more than 10 years
due to a quirk in the law. H.R. 4070 will fix that problem and give her
relief. In 1950, Nancy and Al Wilson began living together in
Massachusetts. Al Wilson's previous wife, Edna, had been committed to a
mental institution and was never going to come out. Massachusetts law
at that time prevented divorce on the grounds of insanity so Al could
not divorce Edna. The law has since been changed. Al and Nancy lived
together for 19 years, raised children together, but were not allowed
to marry until Edna's death in 1969. Then they got married, but Al died
of cancer 7 months later.
When Nancy tried to claim widow's benefits, she was denied because
her marriage to Al had lasted only 7 months, not 9 months. She
exhausted her options under the administrative appeals process and then
came to her congressional delegation.
Well, Nancy Wilson is a tenacious battler. She will not give up. She
will not let her elected representatives give up; and I hope and
believe that with passage of this bill, she will finally get the relief
to which she is entitled.
Mr. Speaker, I urge support for this legislation.
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume. I
congratulate the gentleman from Maine (Mr. Allen) for his tenacious and
unyielding involvement in that particular tragedy. I am delighted that
we will at last be able to deliver relief.
Mr. Speaker, I reserve the balance of my time.
Mr. MATSUI. Mr. Speaker, I yield 2 minutes to the gentleman from
Rhode Island (Mr. Langevin).
Mr. LANGEVIN. Mr. Speaker, today I rise in support of H.R. 4070, the
Social Security Program Protection Act, which will provide new
safeguards for the nearly 7 million Social Security and SSI
beneficiaries who use a representative payee to receive their benefits.
Social Security is among the most important and successful Federal
programs ever created. In my home district alone, 110,000 people rely
on this critical safety net for their livelihood.
When I was elected to Congress, I promised these Rhode Islanders that
I would protect Social Security. While I am pleased by the
consideration of H.R. 4070, I would be remiss if I did not voice any
adamant opposition to the Republican leadership's privatization
proposals which would jeopardize the benefits to which our Nation's
seniors are entitled by subjecting them to the whims of the financial
markets.
I urge Members to support this important legislation and to reject
privatization proposals which fail to guarantee the continuation of
benefits to the most vulnerable among us.
Mr. MATSUI. Mr. Speaker, I yield 3 minutes to the gentlewoman from
North Carolina (Mrs. Clayton), who is retiring at the end of this
Congress.
(Mrs. CLAYTON asked and was given permission to revise and extend her
remarks.)
Mrs. CLAYTON. Mr. Speaker, I thank the gentleman for yielding me this
time. I thank the gentleman from Florida (Mr. Shaw), as well as all
Members, for this bill. I support this bill as a Democrat; but I oppose
the undemocratic process, spelled with a small ``d.'' I support it
because it is much needed; however, I oppose the process by which this
bill comes to the floor. It did not allow many of the minority issues
to come to the floor.
I support the bill because it really is an important bill. It added a
lot of administrative provisions that are needed. It provides
opportunity to assist loved ones manage their finances. It is an
important bill that we all support.
But making these important, but modest, improvements to
administrative procedures for the Social Security program is not what
the American people expect. They really expect more of the Members of
Congress and the President to provide, indeed, a reform of Social
Security. We can and we should do much more.
In 2000, both Republican and Democratic candidates for the
Presidency, as well as Members of the House and Senate, all said we
were about strengthening Social Security; we would protect the Social
Security trust fund; we would keep faith with our seniors and future
generations. All of us without exception, both parties, were for
protecting Social Security. A lot of talk was about the lockbox. There
was a lot of legislation about the lockbox. We have voted on the
lockbox. This indeed has now become a shell game instead of protecting
it.
Why? That is a good question with a sad answer. Well, we should be
protecting Social Security. If we can afford to have a tax bill that
favors the wealthy, although we are adding new responsibilities, we
need to protect our security. We should do more. I understand these are
stressful times. We need to provide for homeland security, but we can
do more.
There are additional bills that need to be brought forward. The
majority bill does not address these programs. The minority had a
discharge procedure so we could have a full debate. Some are asking why
are we not bringing up the privatization bill. That is so fundamental
to the structure and the survival of Social Security. Indeed, Social
Security is one program that seniors are looking for us to protect. I
urge support for this bill. It is worthy, but it is unworthy as to what
we are not doing. I urge Congress to do more for the seniors of
America.
Mr. Speaker, today I rise as a democrat--spelled with a small ``d''--
in support of House Resolution Forty Seventy (H.R. 4070), The Social
Security Program Protection Act of 2002; but oppose the process by
which this bill comes to the floor for debate--in a manner most un-
democratic, further encroaching on the minority's rights.
I support this bill because it adds important protections for people
who, due to advanced age, infirmity or disability, could use the
assistance of a loved one or a community service organization to manage
their finances. It also strengthens antifraud provisions . . . and this
I support very much.
But making modest improvements to administrative procedures for the
Social Security Program is NOT what the American people expect of the
House, the Senate, or the President of the United States. We can and
should do such.
In 2000, both the Republican and Democratic candidates for the
presidency--as well as members of the House and Senate--campaigned on a
promise to safeguard, secure and enhance the life of the Social
Security Trust Fund, and to keep faith with our seniors and future
generations. There was a lot of talk of a lock-box, and we have voted
several times on this lock-box, which has instead become a shell-game
sham.
Why? That's a good question with a sad answer.
Having passed a tax bill weighted in favor of the wealthiest
individuals and well-heeled corporations, the majority have taken us
``back to the future''--of deficit spending and an increase in the debt
ceiling--another issue they don't want to debate.
I am not up for re-election in November . . . but I think the
American people have a right to ask why--with two years having gone
by--the majority has failed to reform Social Security and to protect
the Social Security Trust Fund. They have a right to wonder why the
future of Social Security is not being debated on this floor at this
very moment.
Instead, the majority has only addressed program administrative
issues through bills like the one before us, yet they refuse to deal
with the most overarching administrative issue: the lack of adequate
funding to provide the customer services that workers have already paid
for through their FICA contributions.
Rather than having a real debate on important issues, the majority
are closing down debate. They have refused to even bring up their
privatization bills--bills which have been introduced by the leaders of
their party. Democratic members recently filed a discharge petition to
try to force debate on this issue and provide for some legislative
remedies before the election.
The public has a right to know about the true effects of
privatization--cuts in guaranteed benefits, massive raids on the Social
Security Trust Funds, huge subsidies for those who have private
accounts, and the threat that privatization poses to the ability of the
system to keep paying benefits to today's retirees.
[[Page H3899]]
The future of Social Security and the retirement income of millions
of Americans are too important not to debate and act on. I implore my
friends on the other side of the aisle to do the right thing--let's
debate this before the election, so the American people can make an
informed choice.
Mr. MATSUI. Mr. Speaker, I yield 2\1/2\ minutes to the gentlewoman
from Florida (Mrs. Thurman), a member of the Committee on Ways and
Means.
Mrs. THURMAN. Mr. Speaker, I thank the gentleman for yielding me this
time.
Mr. Speaker, I commend the Committee on Ways and Means for bringing
forward this legislation, H.R. 4070, today. I have heard the debate
this afternoon about folks that have been injured because of the
misuses. And people that have been taken advantage of by folks that in
fact should not be taken advantage of, are those whom I believe are our
most fragile and needed members of our society, and those are those who
receive Social Security.
I would say on the other side of this, and I know this is a series of
pieces of legislation that we have been dealing with in Social
Security, and I noted that we have been talking about some legislation
that was passed a couple of weeks ago to help women and others, and I
believe that begs the question that there are issues within our Social
Security system that we ought to be looking at.
Another area that I have great concern over is in the area of
disability, how many folks and how long it takes for them to receive
disability, and the idea that so many people will end up losing their
homes and cars before we get any place.
I am very supportive of the discharge petition that this House has
the opportunity to sign. It would give us a full and thorough debate on
the issues of Social Security and particularly on the issues that have
been brought forward by the commission and other Members of this House
on ways that they think privatization would, in fact, be better. I
think we should have that debate.
When I say that, I would also like to say that I think there are six
areas that I feel very strongly about, and I would just like to list
those six issues. I think it increases the financial risk for Social
Security beneficiaries, requiring potentially severe cuts in benefits,
the harm on women, harm on minorities, and undermining Social Security
disability and survivor's benefits; and I believe it would eat away at
the value of workers' accounts and significantly reduce the payments
that they would receive from them.
Mr. Speaker, while I favor the antifraud provisions in H.R. 4070, I
hope we have an opportunity to look at all of Social Security and the
concerns that we have.
Mr. MATSUI. Mr. Speaker, I yield 1 minute to the gentleman from North
Carolina (Mr. Etheridge).
(Mr. ETHERIDGE asked and was given permission to revise and extend
his remarks.)
Mr. ETHERIDGE. Mr. Speaker, I rise in support of H.R. 4070, the
Social Security Program Protection Act. It provides and contains
important protections for those folks who need assistance managing
their financial affairs. It also improves access to legal
representation for disability claimants and strengthens protections
against fraud.
Mr. Speaker, we should also be debating the Republican leadership's
plan to privatize Social Security. Social Security represents a compact
with our seniors that says if they work hard all their life, they will
not spend their golden years in poverty. We have no right to break
that. No one has a right. I am willing to roll up my sleeves and work
with anyone who is willing to do it; but privatization will not save
Social Security. In fact, it jeopardizes the retirement security of our
seniors and working families. Privatization of Social Security will
destroy the system's financial stability, and threaten the benefits of
millions of seniors, disabled Americans, and their families.
{time} 1530
I urge my colleagues to support this bill. I hope this is not the
last Social Security debate we have on this floor this year.
I urge my colleagues to support H.R. 4070, and am hopeful that this
will not be the last Social Security debate we have this year. I call
on my colleagues to demand an open debate on the Republican
privatization plans, and urge them to join me in working to protect
Social Security's promise to America by opposing privatization.
Mr. MATSUI. Mr. Speaker, I have no further requests for time, and I
yield back the balance of my time.
Mr. SHAW. Mr. Speaker, I yield myself such time as I may consume.
Very briefly, I would like to close with just a few observations. I
would like to commend both sides of the aisle for I think a very good
and factual debate, looking at the legislation and showing that there
are areas pertaining to Social Security where we can come together.
I think a few things, though, need to be said in response to some of
the arguments that I have heard from the other side of the aisle. I
think the gentlewoman from North Carolina, and I think she has left the
floor now, brings a certain level of common sense to this debate that I
think should be listened to. I think she is going to be missed, and I
am very sorry that she is retiring as a member of the minority party in
this Chamber.
There have been some comments regarding raiding the Social Security
trust fund. I think it is very important that Congress exercise self-
control and not spend the Social Security surplus. But I think the
American people have to know that the Social Security trust fund
contains promises, not dollars. Those promises are in the form of
Treasury bills. Those promises stay there, they are not taken from the
Social Security trust fund, and nobody can debate that issue.
But it is debatable, and I think it is something of great concern to
both political parties here, that we do have a concern as to the
expenditures which are going into the Social Security surplus. I think
it is a goal of both political parties to stop spending that surplus as
soon as we get through this war effort, as soon as we get totally out
of this recession and as soon as we rebuild after the natural disaster
that we had in New York. There is a question of debate on that. Whether
we can say it is because of overspending or undertaxing, I think the
question is certainly debatable and is subject to debate.
But nobody should stand before this Congress or before the American
people and say we are raiding the Social Security trust fund which only
has promises. It does not have dollars.
But, also, I think it is important to realize that, in going forward
to decide what exactly we are going to do with Social Security, when we
are coming together; and I would say to the members of the minority
side who are trying to get some kind of a discharge petition to get
their interpretation of the President's bill before this Congress or
getting the two or three other bills before the Congress to have an
open debate on it, as soon as I sense any real feeling on the minority
party that they want to solve the problem rather than taking a few
bills, some fictitious and some real, and crafting them into weapons,
as soon as I get the sense that they want to move ahead, I am prepared
to move ahead, because I think it is very important.
I am concerned about my grandkids. I have a grandchild by the name of
Wyatt who lives in DeLand, Florida. He is 13 years old. He is going to
face benefit cuts of 28 percent by the time he is 62 years old. He will
get less than $3 for every $4 of benefits that are promised to him. We
have got to remember we do not only represent seniors of today. We
represent our kids and our grandkids. If we are going to take $1 out of
every $4 that they are entitled to receive, that is, I think, a
national tragedy and that is something that is certainly less and far
below the mission for which the American people sent us here to the
Congress. They did not send us here to misrepresent facts, they did not
send us here to hold steady to political beliefs, and they did not send
us here, frankly, to privatize Social Security.
And no one is trying to privatize Social Security. In fact, the bill
that I have filed leaves the Social Security system totally intact. It
does not touch $1 of it, and it saves Social Security for all time
according to the Clinton administration as well as according to the
current administration.
Mr. Speaker, again, I would like to thank this Chamber and Members of
both sides of the aisle for the debate that we had. I apologize for my
voice, but I am in about the third or fourth
[[Page H3900]]
day of a cold which I am hopeful that it is no longer contagious.
Mr. GILMAN. Mr. Speaker, I rise today in strong support of H.R. 4070,
the Social Security Program Protection Act of 2002. I urge my
colleagues to support this badly needed measure.
Every year, Social Security provides benefits to over 50 million
retired and disabled workers, their families and SSI recipients. Of
this total, more than 7 million are beneficiaries who cannot manage
their own financial affairs and have a ``Representative Payee''
appointed to guard their monthly benefits.
While the majority of these arrangements are above board, a
significant number are subject to fraud and abuse. In these cases, the
beneficiary is being cheated out of their Social Security income, which
they desperately need, and the taxpayers are being cheated by
government funds being diverted to unauthorized recipients.
This legislation protects vulnerable beneficiaries by tightening
oversight and regulation of the ``Representative Payee'' system.
Penalties for the misuse of the system are enhanced, and new
regulations governing who is eligible for a ``Representative Payee''
status are further qualified by prohibiting anyone convicted and
imprisoned for more than one year from serving in this capacity.
Moreover, this measure permits the reissuance of benefits to
individuals who have been cheated by their ``Representative Payee,''
and further directs that the recovery of misused benefits from those
persons may be undertaken.
This measure also makes a number of modifications to shore up the
integrity of the Social Security system by denying benefits to fugitive
felons, imposing penalties on recipients who fail to notify SSA of any
change in their status and clarifies which attorneys the SS
commissioner may refuse to recognize in the handling of specific cases.
Mr. Speaker, this measure helps protect the interests of those who
are unable to manage their financial affairs, including their Social
Security benefits. In doing this, it addresses an unmet need.
Accordingly, I strongly support its passage.
Mr. CRANE. Mr. Speaker, I rise today in support of the Social
Security Program Protection Act of 2002.
This legislation gives the Social Security Administration the
enhanced tools it needs to help fight fraud and abuse activities that
drain program resources and undermine the financial security of
beneficiaries.
This legislation also helps individuals with disabilities gain access
to representation to help them navigate through complex application
process to receive benefit.
Preliminary CBO estimates show this legislation saves the budget $534
million over 10 years.
The program protections and improvements in this bill are bipartisan
and have the support of the Federal Bar Association, the Association of
Administrative Law Judges, and the National Organization of Social
Security Claimants' Representatives.
I am saddened that the minority has spent today in the same manner
they usually choose to spend very other October: scaring our senior
citizens.
It is easy for the minority to sit back and cry foul, but I would ask
all of my colleagues the following questions: has the minority done
anything but misrepresent our plans to save Social Security?
Have they come to the table with any serious ideas
themselves on how to save the program?
The answer to this question, regrettably, is ``no.''
Mr. DAVIS of Illinois. Mr. Speaker, I rise in support of H.R. 4070,
the Social Security Program Protection Act of 2002. This legislation
provides needed safeguards for the over 6 million Social Security and
Supplemental Security Income beneficiaries who cannot manage their own
financial affairs and need a ``representative Payee.'' I fully support
increased oversight of Representative Payees to prevent abuse, and the
mis-allocation of taxpayer money. I also agree with this bill's
provision that allows for the re-issuance of benefit payments that have
been taken from the rightful beneficiaries and the recovery of these
funds from unscrupulous Representative Payees.
I want to underscore the importance of one of the items in the bill's
final section containing miscellaneous and technical provisions. This
is the provision that improves the effectiveness of the Ticket to Work
and Work Incentives Improvement Act of 1999. It will ensure that
employers who hire individuals with disabilities through referral by an
employer network also qualify for the Work Opportunity Tax Credit.
Americans with disabilities experience an unemployment rate of 70
percent, and we must do everything in our power to make sure that
incentives exist to open the doors of opportunity wider to these
individuals.
Finally, I want to draw attention to this bill's provision that
disqualifies those who have been convicted and imprisoned more than a
year from serving as Representative Payees. The bill also allows the
Commissioner of Social Security to exercise judgment in determining
cases where certain ex-offenders may be certified as Representative
Payees despite this prohibition. While we must do everything possible
to protect Social Security and Supplemental Security Income
beneficiaries from being taken advantage of by unscrupulous
individuals, we also must not unjustly condemn ex-offenders who have
paid their dues and need to re-gain their ability to participate fully
in society.
Mr. SHAW. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore (Mr. Linder). The question is on the motion
offered by the gentleman from Florida (Mr. Shaw) that the House suspend
the rules and pass the bill, H.R. 4070, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds of
those present have voted in the affirmative.
Mr. SHAW. Mr. Speaker, I object to the vote on the ground that a
quorum is not present and make the point of order that a quorum is not
present.
The SPEAKER pro tempore. Pursuant to clause 8 rule XX and the Chair's
prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________