[Congressional Record Volume 149, Number 27 (Thursday, February 13, 2003)]
[Extensions of Remarks]
[Pages E229-E230]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




       INTRODUCTION OF THE SOCIAL SECURITY PROTECTION ACT OF 2003

                                 ______
                                 

                         HON. E. CLAY SHAW, JR.

                               of florida

                    in the house of representatives

                      Wednesday, February 12, 2003

  Mr. SHAW. Mr. Speaker, today I am introducing the Social Security 
Protection Act of 2003 to provide the Social Security Administration 
with the additional tools they need to fight activities that drain 
resources from Social Security 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 Social Security Administration to help manage their 
financial affairs when they are not capable. At present nearly 8 
million beneficiaries entrust their financial arrangements to `rep 
payees'. Representative payees safeguard income and make sure 
expenditures are made for the beneficiary's good. While most are 
conscientious and honest, some are not.
  Despite current precautions, abuse continues. For example, the Social 
Security Administration Office of Inspector General investigated one 
case in which an organization serving as representative payee to 
several hundred beneficiaries inappropriately charged those 
beneficiaries over $100,000 in fees, which were paid for almost 
entirely using their benefits. In addition, this representative payee 
continued to receive and accept beneficiaries' checks without notifying 
the SSA when beneficiaries left the organization's care or were 
missing.
  The Inspector General reported that between January 1997 and December 
1999, Social Security identified over 2,400 representative payees who 
misused approximately $12 million in benefits entrusted to their 
management. This bill raises the standards for persons and 
organizations serving as representative payees and imposes stricter 
regulation and monetary penalties on those who mismanage benefits 
entrusted to their care.
  This bill also picks up where previous legislation ended in stopping 
benefit payments to those who have committed crimes. In 1996, Congress 
passed provisions denying Supplemental Security Income benefits to 
persons fleeing to avoid prosecution or confinement. However, these 
fugitive felons can still receive Social Security benefits, and the 
Congressional Budget Office estimates we will pay over $500 million to 
them over the next 10 years directly out of the Social Security trust 
funds. This is not right, and this legislation denies the money to 
those fleeing justice.
  My legislation also provides tools to further safeguard Social 
Security programs, help shield Social Security employees from harm 
while conducting their duties, expand the Inspector General's ability 
to stop perpetrators of fraud through new civil monetary penalties, and 
prevent persons from misrepresenting themselves as they provide Social 
Security-related services.
  My legislation not only prevents fraud and protects the Social 
Security programs, it also helps those who are legitimately seeking to 
receive benefits by improving the attorney fee withholding process. 
This bill caps the current attorney fee assessment and extends fee 
withholding to Supplemental Security Income claims, enabling more 
individuals with disabilities to receive needed help navigating a 
complex application process for benefits.
  And finally, this legislation continues the great work of the Ticket 
to Work and Work Incentives Improvement Act, helping individuals with 
disabilities to return to work and independence when they are able.
  Protecting 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, and in 
the best interest of beneficiaries. That is why the 107th Congress's 
version of this bill, the Social Security Program Protection Act of 
2002 (H.R.

[[Page E230]]

4070), passed the House with overwhelming bipartisan support, 425-0. 
This bill is the culmination of bipartisan effort, as well as the 
cooperation and support of the Social Security Administration and the 
Office of Inspector General. The legislation also benefited from prior 
feedback 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.
  I urge all Members to cosponsor this important legislation and look 
forward to bringing this bill to the floor as quickly as possible.

                          ____________________