[House Report 108-54]
[From the U.S. Government Publishing Office]



108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 1st Session                                                     108-54

======================================================================



 
PROVIDING FOR CONSIDERATION OF H.R. 743, SOCIAL SECURITY PROTECTION ACT 
                                OF 2003

                                _______
                                

   April 1, 2003.--Referred to the House Calendar and ordered to be 
                                printed

                                _______
                                

    Mr. Linder, from the Committee on Rules, submitted the following

                              R E P O R T

                       [To accompany H. Res. 168]

    The Committee on Rules, having had under consideration 
House Resolution 168, by a nonrecord vote, report the same to 
the House with the recommendation that the resolution be 
adopted.

                SUMMARY OF PROVISIONS OF THE RESOLUTION

    The resolution provides for the consideration of House 
Resolution 743, the Social Security Protection Act of 2003, 
under a modified closed rule. The rule provides one hour of 
debate in the House equally divided and controlled by the 
chairman and ranking minority member of the Committee on Ways 
and Means. The rule waives all points of order against 
consideration of the bill.
    The rule provides that the amendment recommended by the 
Committee on Ways and Means now printed in the bill shall be 
considered as adopted. The rule provides for consideration of 
the amendment printed in this report, if offered by 
Representative Green of Texas or his designee, which shall be 
considered as read, and shall be separately debatable for 40 
minutes equally divided and controlled by the proponent and an 
opponent. The rule waives all points of order against the 
amendment printed in this report.
    Finally, the rule provides one motion to recommit with or 
without instructions.

                            COMMITTEE VOTES

    Pursuant to clause 3(b) of House rule XIII the results of 
each record vote on an amendment or motion to report, together 
with the names of those voting for and against, are printed 
below:

Rules Committee Record Vote No. 43

    Date: April 1, 2003.
    Measure: H.R. 743, the Social Security Protection Act of 
2003.
    Motion by: Mr. Frost.
    Summary of motion: To make in order the amendment in the 
nature of a substitute offered by Representative Doggett of 
Texas to reduce the Government Pension Offset of Social 
Security spousal and survivors benefits by two-thirds to one 
third of the government pension. Holds trust funds harmless for 
the cost of this benefit improvement by making annual transfers 
from the general funds to the Social Security trust funds.
    Results: Defeated 2 to 5.
    Vote by Members: Hastings (WA)--Nay; Myrick--Nay; 
Sessions--Nay; Reynolds--Nay; Frost--Yea; McGovern--Yea; 
Dreier--Nay.

           SUMMARY OF AMENDMENT MADE IN ORDER UNDER THE RULE

    Green (TX):
    Amendment in the Nature of a Substitute. Strikes section 
418 of the bill. Section 418 replaces the ``last day of covered 
employment'' exemption to the Government Pension Offset (GPO) 
that is in current law with a requirement that Federal, State 
and local government employees be covered by Social Security 
throughout their last 60 months of employment with the 
governmental entity in order to be exempt from the GPO. (40 
minutes)

             TEXT OF AMENDMENT MADE IN ORDER UNDER THE RULE

  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

  (a) Short Title.--This Act may be cited as the ``Social 
Security Protection Act of 2003''.
  (b) Table of Contents.--The table of contents is as follows:

Sec. 1. Short title and table of contents.

                  TITLE I--PROTECTION OF BENEFICIARIES

                    Subtitle A--Representative Payees

Sec. 101. Authority to reissue benefits misused by organizational 
          representative payees.
Sec. 102. Oversight of representative payees.
Sec. 103. Disqualification from service as representative payee of 
          persons convicted of offenses resulting in imprisonment for 
          more than 1 year or fleeing prosecution, custody, or 
          confinement.
Sec. 104. Fee forfeiture in case of benefit misuse by representative 
          payees.
Sec. 105. Liability of representative payees for misused benefits.
Sec. 106. Authority to redirect delivery of benefit payments when a 
          representative payee fails to provide required accounting.

                         Subtitle B--Enforcement

Sec. 111. Civil monetary penalty authority with respect to wrongful 
          conversions by representative payees.

                      TITLE II--PROGRAM PROTECTIONS

Sec. 201. Civil monetary penalty authority with respect to knowing 
          withholding of material facts.
Sec. 202. Issuance by Commissioner of Social Security of receipts to 
          acknowledge submission of reports of changes in work or 
          earnings status of disabled beneficiaries.
Sec. 203. Denial of title II benefits to persons fleeing prosecution, 
          custody, or confinement, and to persons violating probation or 
          parole.
Sec. 204. Requirements relating to offers to provide for a fee a product 
          or service available without charge from the Social Security 
          Administration.
Sec. 205. Refusal to recognize certain individuals as claimant 
          representatives.
Sec. 206. Penalty for corrupt or forcible interference with 
          administration of Social Security Act.
Sec. 207. Use of symbols, emblems, or names in reference to social 
          security or medicare.
Sec. 208. Disqualification from payment during trial work period upon 
          conviction of fraudulent concealment of work activity.
Sec. 209. Authority for judicial orders of restitution.

           TITLE III--ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS

Sec. 301. Cap on attorney assessments.
Sec. 302. Extension of attorney fee payment system to title XVI claims.

            TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS

     Subtitle A--Amendments Relating to the Ticket to Work and Work 
                   Incentives Improvement Act of 1999

Sec. 401. Application of demonstration authority sunset date to new 
          projects.
Sec. 402. Expansion of waiver authority available in connection with 
          demonstration projects providing for reductions in disability 
          insurance benefits based on earnings.
Sec. 403. Funding of demonstration projects provided for reductions in 
          disability insurance benefits based on earnings.
Sec. 404. Availability of Federal and State work incentive services to 
          additional individuals.
Sec. 405. Technical amendment clarifying treatment for certain purposes 
          of individual work plans under the Ticket to Work and Self-
          Sufficiency Program.

                  Subtitle B--Miscellaneous Amendments

Sec. 411. Elimination of transcript requirement in remand cases fully 
          favorable to the claimant.
Sec. 412. Nonpayment of benefits upon removal from the United States.
Sec. 413. Reinstatement of certain reporting requirements.
Sec. 414. Clarification of definitions regarding certain survivor 
          benefits.
Sec. 415. Clarification respecting the FICA and SECA tax exemptions for 
          an individual whose earnings are subject to the laws of a 
          totalization agreement partner.
Sec. 416. Coverage under divided retirement system for public employees 
          in Kentucky.
Sec. 417. Compensation for the Social Security Advisory Board.

                    Subtitle C--Technical Amendments

Sec. 421. Technical correction relating to responsible agency head.
Sec. 422. Technical correction relating to retirement benefits of 
          ministers.
Sec. 423. Technical corrections relating to domestic employment.
Sec. 424. Technical corrections of outdated references.
Sec. 425. Technical correction respecting self-employment income in 
          community property States.

                  TITLE I--PROTECTION OF BENEFICIARIES

                   Subtitle A--Representative Payees

SEC. 101. AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZATIONAL 
                    REPRESENTATIVE PAYEES.

  (a) Title II Amendments.--
          (1) Reissuance of benefits.--Section 205(j)(5) of the 
        Social Security Act (42 U.S.C. 405(j)(5)) is amended by 
        inserting after the first sentence the following new 
        sentences: ``In any case in which a representative 
        payee that--
          ``(A) is not an individual (regardless of whether it 
        is a `qualified organization' within the meaning of 
        paragraph (4)(B)); or
          ``(B) is an individual who, for any month during a 
        period when misuse occurs, serves 15 or more 
        individuals who are beneficiaries under this title, 
        title VIII, title XVI, or any combination of such 
        titles;
misuses all or part of an individual's benefit paid to such 
representative payee, the Commissioner of Social Security shall 
certify for payment to the beneficiary or the beneficiary's 
alternative representative payee an amount equal to the amount 
of such benefit so misused. The provisions of this paragraph 
are subject to the limitations of paragraph (7)(B).''.
          (2) Misuse of benefits defined.--Section 205(j) of 
        such Act (42 U.S.C. 405(j)) is amended by adding at the 
        end the following new paragraph:
  ``(8) For purposes of this subsection, misuse of benefits by 
a representative payee occurs in any case in which the 
representative payee receives payment under this title for the 
use and benefit of another person and converts such payment, or 
any part thereof, to a use other than for the use and benefit 
of such other person. The Commissioner of Social Security may 
prescribe by regulation the meaning of the term `use and 
benefit' for purposes of this paragraph.''.
  (b) Title VIII Amendments.--
          (1) Reissuance of benefits.--Section 807(i) of the 
        Social Security Act (42 U.S.C. 1007(i)) (as amended by 
        section 209(b)(1) of this Act) is amended further by 
        inserting after the first sentence the following new 
        sentences: ``In any case in which a representative 
        payee that--
                  ``(A) is not an individual; or
                  ``(B) is an individual who, for any month 
                during a period when misuse occurs, serves 15 
                or more individuals who are beneficiaries under 
                this title, title II, title XVI, or any 
                combination of such titles;
        misuses all or part of an individual's benefit paid to 
        such representative payee, the Commissioner of Social 
        Security shall pay to the beneficiary or the 
        beneficiary's alternative representative payee an 
        amount equal to the amount of such benefit so misused. 
        The provisions of this paragraph are subject to the 
        limitations of subsection (l)(2).''.
          (2) Misuse of benefits defined.--Section 807 of such 
        Act (42 U.S.C. 1007) is amended by adding at the end 
        the following new subsection:
  ``(j) Misuse of Benefits.--For purposes of this title, misuse 
of benefits by a representative payee occurs in any case in 
which the representative payee receives payment under this 
title for the use and benefit of another person under this 
title and converts such payment, or any part thereof, to a use 
other than for the use and benefit of such person. The 
Commissioner of Social Security may prescribe by regulation the 
meaning of the term `use and benefit' for purposes of this 
subsection.''.
          (3) Technical amendment.--Section 807(a) of such Act 
        (42 U.S.C. 1007(a)) is amended, in the first sentence, 
        by striking ``for his or her benefit'' and inserting 
        ``for his or her use and benefit''.
  (c) Title XVI Amendments.--
          (1) Reissuance of benefits.--Section 1631(a)(2)(E) of 
        such Act (42 U.S.C. 1383(a)(2)(E)) is amended by 
        inserting after the first sentence the following new 
        sentences: ``In any case in which a representative 
        payee that--
          ``(i) is not an individual (regardless of whether it 
        is a `qualified organization' within the meaning of 
        subparagraph (D)(ii)); or
          ``(ii) is an individual who, for any month during a 
        period when misuse occurs, serves 15 or more 
        individuals who are beneficiaries under this title, 
        title II, title VIII, or any combination of such 
        titles;
misuses all or part of an individual's benefit paid to the 
representative payee, the Commissioner of Social Security shall 
pay to the beneficiary or the beneficiary's alternative 
representative payee an amount equal to the amount of the 
benefit so misused. The provisions of this subparagraph are 
subject to the limitations of subparagraph (H)(ii).''.
          (2) Exclusion of reissued benefits from resources.--
        Section 1613(a) of such Act (42 U.S.C. 1382b(a)) is 
        amended--
                  (A) in paragraph (12), by striking ``and'' at 
                the end;
                  (B) in paragraph (13), by striking the period 
                and inserting ``; and''; and
                  (C) by inserting after paragraph (13) the 
                following new paragraph:
          ``(14) for the 9-month period beginning after the 
        month in which received, any amount received by such 
        individual (or spouse) or any other person whose income 
        is deemed to be included in such individual's (or 
        spouse's) income for purposes of this title as 
        restitution for benefits under this title, title II, or 
        title VIII that a representative payee of such 
        individual (or spouse) or such other person under 
        section 205(j), 807, or 1631(a)(2) has misused.''.
          (3) Misuse of benefits defined.--Section 
        1631(a)(2)(A) of such Act (42 U.S.C. 1383(a)(2)(A)) is 
        amended by adding at the end the following new clause:
  ``(iv) For purposes of this paragraph, misuse of benefits by 
a representative payee occurs in any case in which the 
representative payee receives payment under this title for the 
use and benefit of another person and converts such payment, or 
any part thereof, to a use other than for the use and benefit 
of such other person. The Commissioner of Social Security may 
prescribe by regulation the meaning of the term `use and 
benefit' for purposes of this clause.''.
  (d) Effective Date.--The amendments made by this section 
shall apply to any case of benefit misuse by a representative 
payee with respect to which the Commissioner makes the 
determination of misuse on or after January 1, 1995.

SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES.

  (a) Certification of Bonding and Licensing Requirements for 
Nongovernmental Organizational Representative Payees.--
          (1) Title ii amendments.--Section 205(j) of the 
        Social Security Act (42 U.S.C. 405(j)) is amended--
                  (A) in paragraph (2)(C)(v), by striking ``a 
                community-based nonprofit social service agency 
                licensed or bonded by the State'' in subclause 
                (I) and inserting ``a certified community-based 
                nonprofit social service agency (as defined in 
                paragraph (9))'';
                  (B) in paragraph (3)(F), by striking 
                ``community-based nonprofit social service 
                agencies'' and inserting ``certified community-
                based nonprofit social service agencies (as 
                defined in paragraph (9))'';
                  (C) in paragraph (4)(B), by striking ``any 
                community-based nonprofit social service agency 
                which is bonded or licensed in each State in 
                which it serves as a representative payee'' 
andinserting ``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 underthis title (alone or in 
combination with benefits payable under title II or title XVI) to 
another individual pursuant to the appointment of such person or agency 
as a representative payee under this section, section 205(j), or 
section 1631(a)(2) in any case in which--
          ``(A) the representative payee is a person who serves 
        in that capacity with respect to 15 or more such 
        individuals; or
          ``(B) the representative payee is an agency that 
        serves in that capacity with respect to 50 or more such 
        individuals.
  ``(2) Within 120 days after the end of each fiscal year, the 
Commissioner shall submit to the Committee on Ways and Means of 
the House of Representatives and the Committee on Finance of 
the Senate a report on the results of periodic onsite reviews 
conducted during the fiscal year pursuant to paragraph (1) and 
of any other reviews of representative payees conducted during 
such fiscal year in connection with benefits under this title. 
Each such report shall describe in detail all problems 
identified in such reviews and any corrective action taken or 
planned to be taken to correct such problems, and shall 
include--
          ``(A) the number of such reviews;
          ``(B) the results of such reviews;
          ``(C) the number of cases in which the representative 
        payee was changed and why;
          ``(D) the number of cases involving the exercise of 
        expedited, targeted oversight of the representative 
        payee by the Commissioner conducted upon receipt of an 
        allegation of misuse of funds, failure to pay a vendor, 
        or a similar irregularity;
          ``(E) the number of cases discovered in which there 
        was a misuse of funds;
          ``(F) how any such cases of misuse of funds were 
        dealt with by the Commissioner;
          ``(G) the final disposition of such cases of misuse 
        of funds, including any criminal penalties imposed; and
          ``(H) such other information as the Commissioner 
        deems appropriate.''.
          (3) Title xvi amendment.--Section 1631(a)(2)(G) of 
        such Act (42 U.S.C. 1383(a)(2)(G)) is amended to read 
        as follows:
  ``(G)(i) In addition to such other reviews of representative 
payees as the Commissioner of Social Security may otherwise 
conduct, the Commissioner shall provide for the periodic onsite 
review of any person or agency that receives the benefits 
payable under this title (alone or in combination with benefits 
payable under title II or title VIII) to another individual 
pursuant to the appointment of the person or agency as a 
representative payee under this paragraph, section 205(j), or 
section 807 in any case in which--
          ``(I) the representative payee is a person who serves 
        in that capacity with respect to 15 or more such 
        individuals;
          ``(II) the representative payee is a certified 
        community-based nonprofit social service agency (as 
        defined in subparagraph (I) of this paragraph or 
        section 205(j)(9)); or
          ``(III) the representative payee is an agency (other 
        than an agency described in subclause (II)) that serves 
        in that capacity with respect to 50 or more such 
        individuals.
  ``(ii) Within 120 days after the end of each fiscal year, the 
Commissioner shall submit to the Committee on Ways and Means of 
the House of Representatives and the Committee on Finance of 
the Senate a report on the results of periodic onsite reviews 
conducted during the fiscal year pursuant to clause (i) and of 
any other reviews of representative payees conducted during 
such fiscal year in connection with benefits under this title. 
Each such report shall describe in detail all problems 
identified in the reviews and any corrective action taken or 
planned to be taken to correct the problems, and shall 
include--
          ``(I) the number of the reviews;
          ``(II) the results of such reviews;
          ``(III) the number of cases in which the 
        representative payee was changed and why;
          ``(IV) the number of cases involving the exercise of 
        expedited, targeted oversight of the representative 
        payee by the Commissioner conducted upon receipt of an 
        allegation of misuse of funds, failure to pay a vendor, 
        or a similar irregularity;
          ``(V) the number of cases discovered in which there 
        was a misuse of funds;
          ``(VI) how any such cases of misuse of funds were 
        dealt with by the Commissioner;
          ``(VII) the final disposition of such cases of misuse 
        of funds, including any criminal penalties imposed; and
          ``(VIII) such other information as the Commissioner 
        deems appropriate.''.

SEC. 103. DISQUALIFICATION FROM SERVICE AS REPRESENTATIVE PAYEE OF 
                    PERSONS CONVICTED OF OFFENSES RESULTING IN 
                    IMPRISONMENT FOR MORE THAN 1 YEAR OR FLEEING 
                    PROSECUTION, CUSTODY, OR CONFINEMENT.

  (a) Title II Amendments.--Section 205(j)(2) of the Social 
Security Act (42 U.S.C. 405(j)(2)) is amended--
          (1) in subparagraph (B)(i)--
                  (A) by striking ``and'' at the end of 
                subclause (III);
                  (B) by redesignating subclause (IV) as 
                subclause (VI); and
                  (C) by inserting after subclause (III) the 
                following new subclauses:
          ``(IV) obtain information concerning whether such 
        person has been convicted of any other offense under 
        Federal or State law which resulted in imprisonment for 
        more than 1 year,
          ``(V) obtain information concerning whether such 
        person is a person described in section 
        202(x)(1)(A)(iv), and'';
          (2) in subparagraph (B), by adding at the end the 
        following new clause:
  ``(iii) Notwithstanding the provisions of section 552a of 
title 5, United States Code, or any other provision of Federal 
or State law (other than section 6103 of the Internal Revenue 
Code of 1986 and section 1106(c) of this Act), the Commissioner 
shall furnish any Federal, State, or local law enforcement 
officer, upon the written request of the officer, with the 
current address, social security account number, and photograph 
(if applicable) of any person investigated under this 
paragraph, if the officer furnishes the Commissioner with the 
name of such person and such other identifying information as 
may reasonably be required by the Commissioner to establish the 
unique identity of such person, and notifies the Commissioner 
that--
          ``(I) such person is described in section 
        202(x)(1)(A)(iv),
          ``(II) such person has information that is necessary 
        for the officer to conduct the officer's official 
        duties, and
          ``(III) the location or apprehension of such person 
        is within the officer's official duties.'';
          (3) in subparagraph (C)(i)(II), by striking 
        ``subparagraph (B)(i)(IV),,'' and inserting 
        ``subparagraph (B)(i)(VI)'' and striking ``section 
        1631(a)(2)(B)(ii)(IV)'' and inserting ``section 
        1631(a)(2)(B)(ii)(VI)''; and
          (4) in subparagraph (C)(i)--
                  (A) by striking ``or'' at the end of 
                subclause (II);
                  (B) by striking the period at the end of 
                subclause (III) and inserting a comma; and
                  (C) by adding at the end the following new 
                subclauses:
          ``(IV) such person has previously been convicted as 
        described in subparagraph (B)(i)(IV), unless the 
        Commissioner determines that such certification would 
        be appropriate notwithstanding such conviction, or
          ``(V) such person is person described in section 
        202(x)(1)(A)(iv).''.
  (b) Title VIII Amendments.--Section 807 of such Act (42 
U.S.C. 1007) is amended--
          (1) in subsection (b)(2)--
                  (A) by striking ``and'' at the end of 
                subparagraph (C);
                  (B) by redesignating subparagraph (D) as 
                subparagraph (F); and
                  (C) by inserting after subparagraph (C) the 
                following new subparagraphs:
                  ``(D) obtain information concerning whether 
                such person has been convicted of any other 
                offense under Federal or State law which 
                resulted in imprisonment for more than 1 year;
                  ``(E) obtain information concerning whether 
                such person is a person described in section 
                804(a)(2); and'';
          (2) in subsection (b), by adding at the end the 
        following new paragraph:
          ``(3) Notwithstanding the provisions of section 552a 
        of title 5, United States Code, or any other provision 
        of Federal or State law (other than section 6103 of the 
        Internal Revenue Code of 1986 and section 1106(c) of 
        this Act), the Commissioner shall furnish any Federal, 
        State, or local law enforcement officer, upon the 
        written request of the officer, with the current 
        address, social security account number, and photograph 
        (if applicable) of any person investigated under this 
        subsection, if the officer furnishes the Commissioner 
        with the name of such person and such other identifying 
        information as may reasonably be required by the 
        Commissioner to establish the unique identity of such 
        person, and notifies the Commissioner that--
                  ``(A) such person is described in section 
                804(a)(2),
                  ``(B) such person has information that is 
                necessary for the officer to conduct the 
                officer's official duties, and
                  ``(C) the location or apprehension of such 
                person is within the officer's official 
                duties.''; and
          (3) in subsection (d)(1)--
                  (A) by striking ``or'' at the end of 
                subparagraph (B);
                  (B) by striking the period at the end of 
                subparagraph (C) and inserting a semicolon; and
                  (C) by adding at the end the following new 
                subparagraphs:
                  ``(D) such person has previously been 
                convicted as described in subsection (b)(2)(D), 
                unless the Commissioner determines that such 
                payment would be appropriate notwithstanding 
                such conviction; or
                  ``(E) such person is a person described in 
                section 804(a)(2).''.
  (c) Title XVI Amendments.--Section 1631(a)(2)(B) of such Act 
(42 U.S.C. 1383(a)(2)(B)) is amended--
          (1) in clause (ii)--
                  (A) by striking ``and'' at the end of 
                subclause (III);
                  (B) by redesignating subclause (IV) as 
                subclause (VI); and
                  (C) by inserting after subclause (III) the 
                following new subclauses:
          ``(IV) obtain information concerning whether the 
        person has been convicted of any other offense under 
        Federal or State law which resulted in imprisonment for 
        more than 1 year;
          ``(V) obtain information concerning whether such 
        person is a person described in section 1611(e)(4)(A); 
        and'';
          (2) in clause (iii)(II)--
                  (A) by striking ``clause (ii)(IV)'' and 
                inserting ``clause (ii)(VI)''; and
                  (B) by striking ``section 
                205(j)(2)(B)(i)(IV)'' and inserting ``section 
                205(j)(2)(B)(i)(VI)'';
          (3) in clause (iii)--
                  (A) by striking ``or'' at the end of 
                subclause (II);
                  (B) by striking the period at the end of 
                subclause (III) and inserting a semicolon; and
                  (C) by adding at the end the following new 
                subclauses:
          ``(IV) the person has previously been convicted as 
        described in clause (ii)(IV) of this subparagraph, 
        unless the Commissioner determines that the payment 
        would be appropriate notwithstanding the conviction; or
          ``(V) such person is a person described in section 
        1611(e)(4)(A).''; and
          (4) by adding at the end the following new clause:
  ``(xiv) Notwithstanding the provisions of section 552a of 
title 5, United States Code, or any other provision of Federal 
or State law (other than section 6103 of the Internal Revenue 
Code of 1986 and section 1106(c) of this Act), the Commissioner 
shall furnish any Federal, State, or local law enforcement 
officer, upon the written request of the officer, with the 
current address, social security account number, and photograph 
(if applicable) of any person investigated under this 
subparagraph, if the officer furnishes the Commissioner with 
the name of such person and such other identifying information 
as may reasonably be required by the Commissioner to establish 
the unique identity of such person, and notifies the 
Commissioner that--
          ``(I) such person is described in section 
        1611(e)(4)(A),
          ``(II) such person has information that is necessary 
        for the officer to conduct the officer's official 
        duties, and
          ``(III) the location or apprehension of such person 
        is within the officer's official duties.''.
  (d) Effective Date.--The amendments made by this section 
shall take effect on the first day of the thirteenth month 
beginning after the date of the enactment of this Act.
  (e) Report to the Congress.--The Commissioner of Social 
Security, in consultation with the Inspector General of the 
Social Security Administration, shall prepare a report 
evaluating whether the existing procedures and reviews for the 
qualification (including disqualification) of representative 
payees are sufficient to enable the Commissioner to protect 
benefits from being misused by representative payees. The 
Commissioner shall submit the report to the Committee on Ways 
and Means of the House of Representatives and the Committee on 
Finance of the Senate no later than 270 days after the date of 
the enactment of this Act. The Commissioner shall include in 
such report any recommendations that the Commissioner considers 
appropriate.

SEC. 104. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY REPRESENTATIVE 
                    PAYEES.

  (a) Title II Amendments.--Section 205(j)(4)(A)(i) of the 
Social Security Act (42 U.S.C. 405(j)(4)(A)(i)) is amended--
          (1) in the first sentence, by striking ``A'' and 
        inserting ``Except as provided in the next sentence, 
        a''; and
          (2) in the second sentence, by striking ``The 
        Secretary'' and inserting the following:
``A qualified organization may not collect a fee from an 
individual for any month with respect to which the Commissioner 
of Social Security or a court of competent jurisdiction has 
determined that the organization misused all or part of the 
individual's benefit, and any amount so collected by the 
qualified organization for such month shall be treated as a 
misused part of the individual's benefit for purposes of 
paragraphs (5) and (6). The Commissioner''.
  (b) Title XVI Amendments.--Section 1631(a)(2)(D)(i) of such 
Act (42 U.S.C. 1383(a)(2)(D)(i)) is amended--
          (1) in the first sentence, by striking ``A'' and 
        inserting ``Except as provided in the next sentence, 
        a''; and
          (2) in the second sentence, by striking ``The 
        Commissioner'' and inserting the following: ``A 
        qualified organization may not collect a fee from an 
        individual for any month with respect to which the 
        Commissioner of Social Security or a court of competent 
        jurisdiction has determined that the organization 
        misused all or part of the individual's benefit, and 
        any amount so collected by the qualified organization 
        for such month shall be treated as a misused part of 
        the individual's benefit for purposes of subparagraphs 
        (E) and (F). The Commissioner''.
  (c) Effective Date.--The amendments made by this section 
shall apply to any month involving benefit misuse by a 
representative payee in any case with respect to which the 
Commissioner of Social Security or a court of competent 
jurisdiction makes the determination of misuse after 180 days 
after the date of the enactment of this Act.

SEC. 105. LIABILITY OF REPRESENTATIVE PAYEES FOR MISUSED BENEFITS.

  (a) Title II Amendments.--Section 205(j) of the Social 
Security Act (42 U.S.C. 405(j)) (as amended by sections 101 and 
102) is amended further--
          (1) by redesignating paragraphs (7), (8), and (9) as 
        paragraphs (8), (9), and (10), respectively;
          (2) in paragraphs (2)(C)(v), (3)(F), and (4)(B), by 
        striking ``paragraph (9)'' and inserting ``paragraph 
        (10)'';
          (3) in paragraph (6)(A)(ii), by striking ``paragraph 
        (9)'' and inserting ``paragraph (10)''; and
          (4) by inserting after paragraph (6) the following 
        new paragraph:
  ``(7)(A) If the Commissioner of Social Security or a court of 
competent jurisdiction determines that a representative payee 
that is not a Federal, State, or local government agency has 
misused all or part of an individual's benefit that was paid to 
such representative payee under this subsection, the 
representative payee shall be liable for the amount misused, 
and such amount (to the extent not repaid by the representative 
payee) shall be treated as an overpayment of benefits under 
this title to the representative payee for all purposes of this 
Act and related laws pertaining to the recovery of such 
overpayments. Subject to subparagraph (B), upon recovering all 
or any part of such amount, the Commissioner shall certify an 
amount equal to the recovered amount for payment to such 
individual or such individual's alternative representative 
payee.
  ``(B) The total of the amount certified for payment to such 
individual or such individual's alternative representative 
payee under subparagraph (A) and the amount certified for 
payment under paragraph (5) may not exceed the total benefit 
amount misused by the representative payee with respect to such 
individual.''.
  (b) Title VIII Amendment.--Section 807 of such Act (as 
amended by section 102(b)(2)) is amended further by adding at 
the end the following new subsection:
  ``(l) Liability for Misused Amounts.--
          ``(1) In general.--If the Commissioner of Social 
        Security or a court of competent jurisdiction 
        determines that a representative payee that is not a 
        Federal, State, or local government agency has misused 
        all or part of a qualified individual's benefit that 
        was paid to such representative payee under this 
        section, the representative payee shall be liable for 
        the amount misused, and such amount (to the extent not 
        repaid by the representative payee) shall be treated as 
        an overpayment of benefits under this title to the 
        representative payee for all purposes of this Act and 
        related laws pertaining to the recovery of such 
        overpayments. Subject to paragraph (2), upon recovering 
        all or any part of such amount, the Commissioner shall 
        make payment of an amount equal to the recovered amount 
        to such qualified individual or such qualified 
        individual's alternative representative payee.
          ``(2) Limitation.--The total of the amount paid to 
        such individual or such individual's alternative 
        representative payee under paragraph (1) and the amount 
        paid under subsection (i) may not exceed the total 
        benefit amount misused by the representative payee with 
        respect to such individual.''.
  (c) Title XVI Amendments.--Section 1631(a)(2) of such Act (42 
U.S.C. 1383(a)(2)) (as amended by section 102(b)(3)) is amended 
further--
          (1) in subparagraph (G)(i)(II), by striking ``section 
        205(j)(9)'' and inserting ``section 205(j)(10)''; and
          (2) by striking subparagraph (H) and inserting the 
        following:
  ``(H)(i) If the Commissioner of Social Security or a court of 
competent jurisdiction determines that a representative payee 
that is not a Federal, State, or local government agency has 
misused all or part of an individual's benefit that was paid to 
the representative payee under this paragraph, the 
representative payee shall be liable for the amount misused, 
and the amount (to the extent not repaid by the representative 
payee) shall be treated as an overpayment of benefits under 
this title to the representative payee for all purposes of this 
Act and related laws pertaining to the recovery of the 
overpayments. Subject to clause (ii), upon recovering all or 
any part of the amount, the Commissioner shall make payment of 
an amount equal to the recovered amount to such individual or 
such individual's alternative representative payee.
  ``(ii) The total of the amount paid to such individual or 
such individual's alternative representative payee under clause 
(i) and the amount paid under subparagraph (E) may not exceed 
the total benefit amount misused by the representative payee 
with respect to such individual.''.
  (d) Effective Date.--The amendments made by this section 
shall apply to benefit misuse by a representative payee in any 
case with respect to which the Commissioner of Social Security 
or a court of competent jurisdiction makes the determination of 
misuse after 180 days after the date of the enactment of this 
Act.

SEC. 106. AUTHORITY TO REDIRECT DELIVERY OF BENEFIT PAYMENTS WHEN A 
                    REPRESENTATIVE PAYEE FAILS TO PROVIDE REQUIRED 
                    ACCOUNTING.

  (a) Title II Amendments.--Section 205(j)(3) of the Social 
Security Act (42 U.S.C. 405(j)(3)) (as amended by sections 
102(a)(1)(B) and 105(a)(2)) is amended--
          (1) by redesignating subparagraphs (E) and (F) as 
        subparagraphs (F) and (G), respectively; and
          (2) by inserting after subparagraph (D) the following 
        new subparagraph:
  ``(E) In any case in which the person described in 
subparagraph (A) or (D) receiving payments on behalf of another 
fails to submit a report required by the Commissioner of Social 
Security under subparagraph (A) or (D), the Commissioner may, 
after furnishing notice to such person and the individual 
entitled to such payment, require that such person appear in 
person at a field office of the Social Security Administration 
serving the area in which the individual resides in order to 
receive such payments.''.
  (b) Title VIII Amendments.--Section 807(h) of such Act (42 
U.S.C. 1007(h)) is amended--
          (1) by redesignating paragraphs (3) and (4) as 
        paragraphs (4) and (5), respectively; and
          (2) by inserting after paragraph (2) the following 
        new paragraph:
          ``(3) Authority to redirect delivery of benefit 
        payments when a representative payee fails to provide 
        required accounting.--In any case in which the person 
        described in paragraph (1) or (2) receiving benefit 
        payments on behalf of a qualified individual fails to 
        submit a report required by the Commissioner of Social 
        Security under paragraph (1) or (2), the Commissioner 
        may, after furnishing notice to such person and the 
        qualified individual, require that such person appear 
        in person at a United States Government facility 
        designated by the Social Security Administration as 
        serving the area in which the qualified individual 
        resides in order to receive such benefit payments.''.
  (c) Title XVI Amendment.--Section 1631(a)(2)(C) of such Act 
(42 U.S.C. 1383(a)(2)(C)) is amended by adding at the end the 
following new clause:
  ``(v) In any case in which the person described in clause (i) 
or (iv) receiving payments on behalf of another fails to submit 
a report required by the Commissioner of Social Security under 
clause (i) or (iv), the Commissioner may, after furnishing 
notice to the person and the individual entitled to the 
payment, require that such person appear in person at a field 
office of the Social Security Administration serving the area 
in which the individual resides in order to receive such 
payments.''.
  (d) Effective Date.--The amendment made by this section shall 
take effect 180 days after the date of the enactment of this 
Act.

                        Subtitle B--Enforcement

SEC. 111. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO WRONGFUL 
                    CONVERSIONS BY REPRESENTATIVE PAYEES.

  (a) In General.--Section 1129(a) of the Social Security Act 
(42 U.S.C. 1320a-8) is amended by adding at the end the 
following new paragraph:
  ``(3) Any person (including an organization, agency, or other 
entity) who, having received, while acting in the capacity of a 
representative payee pursuant to section 205(j), 807, or 
1631(a)(2), a payment under title II, VIII, or XVI for the use 
and benefit of another individual, converts such payment, or 
any part thereof, to a use that such person knows or should 
know is other than for the use and benefit of such other 
individual shall be subject to, in addition to any other 
penalties that may be prescribed by law, a civil money penalty 
of not more than $5,000 for each such conversion. Such person 
shall also be subject to an assessment, in lieu of damages 
sustained by the United States resulting from the conversion, 
of not more than twice the amount of any payments so 
converted.''.
  (b) Effective Date.--The amendment made by this section shall 
apply with respect to violations committed after the date of 
the enactment of this Act.

                     TITLE II--PROGRAM PROTECTIONS

SEC. 201. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO KNOWING 
                    WITHHOLDING OF MATERIAL FACTS.

  (a) Treatment of Withholding of Material Facts.--
          (1) Civil penalties.--Section 1129(a)(1) of the 
        Social Security Act (42 U.S.C. 1320a-8(a)(1)) is 
        amended--
                  (A) by striking ``who'' in the first sentence 
                and inserting ``who--'';
                  (B) by striking ``makes'' in the first 
                sentence and all that follows through ``shall 
                be subject to,'' and inserting the following:
          ``(A) makes, or causes to be made, a statement or 
        representation of a material fact, for use in 
        determining any initial or continuing right to or the 
        amount of monthly insurance benefits under title II or 
        benefits or payments under title VIII or XVI, that the 
        person knows or should know is false or misleading,
          ``(B) makes such a statement or representation for 
        such use with knowing disregard for the truth, or
          ``(C) omits from a statement or representation for 
        such use, or otherwise withholds disclosure of, a fact 
        which the person knows or should know is material to 
        the determination of any initial or continuing right to 
        or the amount of monthly insurance benefits under title 
        II or benefits or payments under title VIII or XVI, if 
        the person knows, or should know, that the statement or 
        representation with such omission is false or 
        misleading or that the withholding of such disclosure 
        is misleading,
shall be subject to,'';
                  (C) by inserting ``or each receipt of such 
                benefits or payments while withholding 
                disclosure of such fact'' after ``each such 
                statement or representation'' in the first 
                sentence;
                  (D) by inserting ``or because of such 
                withholding of disclosure of a material fact'' 
                after ``because of such statement or 
                representation'' in the second sentence; and
                  (E) by inserting ``or such a withholding of 
                disclosure'' after ``such a statement or 
                representation'' in the second sentence.
          (2) Administrative procedure for imposing 
        penalties.--Section 1129A(a) of such Act (42 U.S.C. 
        1320a-8a(a)) is amended--
                  (A) by striking ``who'' the first place it 
                appears and inserting ``who--''; and
                  (B) by striking ``makes'' and all that 
                follows through ``shall be subject to,'' and 
                inserting the following:
          ``(1) makes, or causes to be made, a statement or 
        representation of a material fact, for use in 
        determining any initial or continuing right to or the 
        amount of monthly insurance benefits under title II or 
        benefits or payments under title XVI that the person 
        knows or should know is false or misleading,
          ``(2) makes such a statement or representation for 
        such use with knowing disregard for the truth, or
          ``(3) omits from a statement or representation for 
        such use, or otherwise withholds disclosure of, a fact 
        which the person knows or should know is material to 
        the determination of any initial or continuing right to 
        or the amount of monthly insurance benefits under title 
        II or benefits or payments under title XVI, if the 
        person knows, or should know, that the statement or 
        representation with such omission is false or 
        misleading or that the withholding of such disclosure 
        is misleading,
shall be subject to,''.
  (b) Clarification of Treatment of Recovered Amounts.--Section 
1129(e)(2)(B) of such Act (42 U.S.C. 1320a-8(e)(2)(B)) is 
amended by striking ``In the case of amounts recovered arising 
out of a determination relating to title VIII or XVI,'' and 
inserting ``In the case of any other amounts recovered under 
this section,''.
  (c) Conforming Amendments.--
          (1) Section 1129(b)(3)(A) of such Act (42 U.S.C. 
        1320a-8(b)(3)(A)) is amended by striking ``charging 
        fraud or false statements''.
          (2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a-
        8(c)(1)) is amended by striking ``andrepresentations'' 
and inserting ``, representations, or actions''.
          (3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 
        1320a-8(e)(1)(A)) is amended by striking ``statement or 
        representation referred to in subsection (a) was made'' 
        and inserting ``violation occurred''.
  (d) Effective Date.--The amendments made by this section 
shall apply with respect to violations committed after the date 
on which the Commissioner implements the centralized computer 
file described in section 202.

SEC. 202. ISSUANCE BY COMMISSIONER OF SOCIAL SECURITY OF RECEIPTS TO 
                    ACKNOWLEDGE SUBMISSION OF REPORTS OF CHANGES IN 
                    WORK OR EARNINGS STATUS OF DISABLED BENEFICIARIES.

  Effective as soon as possible, but not later than 1 year 
after the date of the enactment of this Act, until such time as 
the Commissioner of Social Security implements a centralized 
computer file recording the date of the submission of 
information by a disabled beneficiary (or representative) 
regarding a change in the beneficiary's work or earnings 
status, the Commissioner shall issue a receipt to the disabled 
beneficiary (or representative) each time he or she submits 
documentation, or otherwise reports to the Commissioner, on a 
change in such status.

SEC. 203. DENIAL OF TITLE II BENEFITS TO PERSONS FLEEING PROSECUTION, 
                    CUSTODY, OR CONFINEMENT, AND TO PERSONS VIOLATING 
                    PROBATION OR PAROLE.

  (a) In General.--Section 202(x) of the Social Security Act 
(42 U.S.C. 402(x)) is amended--
          (1) in the heading, by striking ``Prisoners'' and all 
        that follows and inserting the following: ``Prisoners, 
        Certain Other Inmates of Publicly Funded Institutions, 
        Fugitives, Probationers, and Parolees'';
          (2) in paragraph (1)(A)(ii)(IV), by striking ``or'' 
        at the end;
          (3) in paragraph (1)(A)(iii), by striking the period 
        at the end and inserting a comma;
          (4) by inserting after paragraph (1)(A)(iii) the 
        following:
          ``(iv) is fleeing to avoid prosecution, or custody or 
        confinement after conviction, under the laws of the 
        place from which the person flees, for a crime, or an 
        attempt to commit a crime, which is a felony under the 
        laws of the place from which the person flees, or 
        which, in the case of the State of New Jersey, is a 
        high misdemeanor under the laws of such State, or
          ``(v) is violating a condition of probation or parole 
        imposed under Federal or State law.
In the case of an individual from whom such monthly benefits 
have been withheld pursuant to clause (iv) or (v), the 
Commissioner may, for good cause shown, pay such withheld 
benefits to the individual.''; and
          (5) in paragraph (3), by adding at the end the 
        following new subparagraph:
  ``(C) Notwithstanding the provisions of section 552a of title 
5, United States Code, or any other provision of Federal or 
State law (other than section 6103 of the Internal Revenue Code 
of 1986 and section 1106(c) of this Act), the Commissioner 
shall furnish any Federal, State, or local law enforcement 
officer, upon the written request of the officer, with the 
current address, Social Security number, and photograph (if 
applicable) of any beneficiary under this title, if the officer 
furnishes the Commissioner with the name of the beneficiary, 
and other identifying information as reasonably required by the 
Commissioner to establish the unique identity of the 
beneficiary, and notifies the Commissioner that--
          ``(i) the beneficiary--
                  ``(I) is described in clause (iv) or (v) of 
                paragraph (1)(A); and
                  ``(II) has information that is necessary for 
                the officer to conduct the officer's official 
                duties; and
          ``(ii) the location or apprehension of the 
        beneficiary is within the officer's official duties.''.
  (b) Regulations.--Not later than the first day of the first 
month that begins on or after the date that is 9 months after 
the date of the enactment of this Act, the Commissioner of 
Social Security shall promulgate regulations governing payment 
by the Commissioner, for good cause shown, of withheld 
benefits, pursuant to the last sentence of section 202(x)(1)(A) 
of the Social Security Act (as amended by subsection (a)).
  (c) Effective Date.--The amendments made by subsection (a) 
shall take effect on the first day of the first month that 
begins on or after the date that is 9 months after the date of 
the enactment of this Act.

SEC. 204. REQUIREMENTS RELATING TO OFFERS TO PROVIDE FOR A FEE A 
                    PRODUCT OR SERVICE AVAILABLE WITHOUT CHARGE FROM 
                    THE SOCIAL SECURITY ADMINISTRATION.

  (a) In General.--Section 1140 of the Social Security Act (42 
U.S.C. 1320b-10) is amended--
          (1) in subsection (a), by adding at the end the 
        following new paragraph:
  ``(4)(A) No person shall offer, for a fee, to assist an 
individual to obtain a product or service that the person knows 
or should know is provided free of charge by the Social 
Security Administration unless, at the time the offer is made, 
the person provides to the individual to whom the offer is 
tendered a notice that--
          ``(i) explains that the product or service is 
        available free of charge from the Social Security 
        Administration, and
          ``(ii) complies with standards prescribed by the 
        Commissioner of Social Security respecting the content 
        of such notice and its placement, visibility, and 
        legibility.
  ``(B) Subparagraph (A) shall not apply to any offer--
          ``(i) to serve as a claimant representative in 
        connection with a claim arising under title II, title 
        VIII, or title XVI; or
          ``(ii) to prepare, or assist in the preparation of, 
        an individual's plan for achieving self-support under 
        title XVI.''; and
          (2) in the heading, by striking ``prohibition of 
        misuse of symbols, emblems, or names in reference'' and 
        inserting ``prohibitions relating to references''.
  (b) Effective Date.--The amendments made by this section 
shall apply to offers of assistance made after the sixth month 
ending after the Commissioner of Social Security promulgates 
final regulations prescribing the standards applicable to the 
notice required to be provided in connection with such offer. 
The Commissioner shall promulgate such final regulations within 
1 year after the date of the enactment of this Act.

SEC. 205. REFUSAL TO RECOGNIZE CERTAIN INDIVIDUALS AS CLAIMANT 
                    REPRESENTATIVES.

  Section 206(a)(1) of the Social Security Act (42 U.S.C. 
406(a)(1)) is amended by inserting after the second sentence 
the following: ``Notwithstanding the preceding sentences, the 
Commissioner, after due notice and opportunity for hearing, (A) 
may refuse to recognize as a representative, and may disqualify 
a representative already recognized, any attorney who has been 
disbarred or suspended from any court or bar to which he or she 
was previously admitted to practice or who has been 
disqualified from participating in or appearing before any 
Federal program or agency, and (B) may refuse to recognize, and 
may disqualify, as a non-attorney representative any attorney 
who has been disbarred or suspended from any court or bar to 
which he or she was previously admitted to practice. A 
representative who has been disqualified or suspended pursuant 
to this section from appearing before the Social Security 
Administration as a result of collecting or receiving a fee in 
excess of the amount authorized shall be barred from appearing 
before the Social Security Administration as a representative 
until full restitution is made to the claimant and, thereafter, 
may be considered for reinstatement only under such rules as 
the Commissioner may prescribe.''.

SEC. 206. PENALTY FOR CORRUPT OR FORCIBLE INTERFERENCE WITH 
                    ADMINISTRATION OF SOCIAL SECURITY ACT.

  Part A of title XI of the Social Security Act (42 U.S.C. 1301 
et seq.) is amended by inserting after section 1129A the 
following new section:

   ``ATTEMPTS TO INTERFERE WITH ADMINISTRATION OF SOCIAL SECURITY ACT

  ``Sec. 1129B. Whoever corruptly or by force or threats of 
force (including any threatening letter or communication) 
attempts to intimidate or impede any officer, employee, or 
contractor of the Social Security Administration (including any 
State employee of a disability determination service or any 
other individual designated by the Commissioner of Social 
Security) acting in an official capacity to carry out a duty 
under this Act, or in any other way corruptly or by force or 
threats of force (including any threatening letter or 
communication) obstructs or impedes, or attempts to obstruct or 
impede, the due administration of this Act, shall be fined not 
more than $5,000, imprisoned not more than 3 years, or both, 
except that if the offense is committed only by threats of 
force, the person shall be fined not more than $3,000, 
imprisoned not more than 1 year, or both. In this subsection, 
the term `threats of force' means threats of harm to the 
officer or employee of the United States or to a contractor of 
the Social Security Administration, or to a member of the 
family of such an officer or employee or contractor.''.

SEC. 207. USE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO SOCIAL 
                    SECURITY OR MEDICARE.

  (a) In General.--Section 1140(a)(1) of the Social Security 
Act (42 U.S.C. 1320b-10(a)(1)) is amended--
          (1) in subparagraph (A), by inserting `` `Centers for 
        Medicare & Medicaid Services','' after `` `Health Care 
        Financing Administration','', by striking ``or 
        `Medicaid', '' and inserting `` `Medicaid', `Death 
        Benefits Update', `Federal Benefit Information', 
        `Funeral Expenses', or `Final Supplemental Plan','' and 
        by inserting `` `CMS','' after `` `HCFA','';
          (2) in subparagraph (B), by inserting ``Centers for 
        Medicare & Medicaid Services,'' after ``Health Care 
        Financing Administration,'' each place it appears; and
          (3) in the matter following subparagraph (B), by 
        striking ``the Health Care Financing Administration,'' 
        each place it appears and inserting ``the Centers for 
        Medicare & Medicaid Services,''.
  (b) Effective Date.--The amendments made by this section 
shall apply to items sent after 180 days after the date of the 
enactment of this Act.

SEC. 208. DISQUALIFICATION FROM PAYMENT DURING TRIAL WORK PERIOD UPON 
                    CONVICTION OF FRAUDULENT CONCEALMENT OF WORK 
                    ACTIVITY.

  (a) In General.--Section 222(c) of the Social Security Act 
(42 U.S.C. 422(c)) is amended by adding at the end the 
following new paragraph:
  ``(5) Upon conviction by a Federal court that an individual 
has fraudulently concealed work activity during a period of 
trial work from the Commissioner of Social Security by--
          ``(A) providing false information to the Commissioner 
        of Social Security as to whether the individual had 
        earnings in or for a particular period, or as to the 
        amount thereof;
          ``(B) receiving disability insurance benefits under 
        this title while engaging in work activity under 
        another identity, including under another social 
        security account number or a number purporting to be a 
        social security account number; or
          ``(C) taking other actions to conceal work activity 
        with an intent fraudulently to secure payment in a 
        greater amount than is due or when no payment is 
        authorized,
no benefit shall be payable to such individual under this title 
with respect to a period of disability for any month before 
such conviction during which the individual rendered services 
during the period of trial work with respect to which the 
fraudulently concealed work activity occurred, and amounts 
otherwise due under this title as restitution, penalties, 
assessments, fines, or other repayments shall in all cases be 
in addition to any amounts for which such individual is liable 
as overpayments by reason of such concealment.''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall apply with respect to work activity performed after the 
date of the enactment of this Act.

SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF RESTITUTION.

  (a) Amendments to Title II.--Section 208 of the Social 
Security Act (42 U.S.C. 408) is amended--
          (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
          (2) by inserting after subsection (a) the following 
        new subsection:
  ``(b)(1) Any Federal court, when sentencing a defendant 
convicted of an offense under subsection (a), may order, in 
addition to or in lieu of any other penalty authorized by law, 
that the defendant make restitution to the Social Security 
Administration.
  ``(2) Sections 3612, 3663, and 3664 of title 18, United 
States Code, shall apply with respect to the issuance and 
enforcement of orders of restitution under this subsection. In 
so applying such sections, the Social Security Administration 
shall be considered the victim.
  ``(3) If the court does not order restitution, or orders only 
partial restitution, under this subsection, the court shall 
state on the record the reasons therefor.''.
  (b) Amendments to Title VIII.--Section 807(i) of such Act (42 
U.S.C. 1007(i)) is amended--
          (1) by striking ``(i) Restitution.--In any case 
        where'' and inserting the following:
  ``(i) Restitution.--
          ``(1) In general.--In any case where''; and
          (2) by adding at the end the following new paragraph:
          ``(2) Court order for restitution.--
                  ``(A) In general.--Any Federal court, when 
                sentencing a defendant convicted of an offense 
                under subsection (a), may order, in addition to 
                or in lieu of any other penalty authorized by 
                law, that the defendant make restitution to the 
                Social Security Administration.
                  ``(B) Related provisions.--Sections 3612, 
                3663, and 3664 of title 18, United States Code, 
                shall apply with respect to the issuance and 
                enforcement of orders of restitution under this 
                paragraph. In so applying such sections, the 
                Social Security Administration shall be 
                considered the victim.
                  ``(C) Stated reasons for not ordering 
                restitution.--If the court does not order 
                restitution, or orders only partial 
                restitution, under this paragraph, the court 
                shall state on the record the reasons 
                therefor.''.
  (c) Amendments to Title XVI.--Section 1632 of such Act (42 
U.S.C. 1383a) is amended--
          (1) by redesignating subsection (b) as subsection 
        (c); and
          (2) by inserting after subsection (a) the following 
        new subsection:
  ``(b)(1) Any Federal court, when sentencing a defendant 
convicted of an offense under subsection (a), may order, in 
addition to or in lieu of any other penalty authorized by law, 
that the defendant make restitution to the Social Security 
Administration.
  ``(2) Sections 3612, 3663, and 3664 of title 18, United 
States Code, shall apply with respect to the issuance and 
enforcement of orders of restitution under this subsection. In 
so applying such sections, the Social Security Administration 
shall be considered the victim.
  ``(3) If the court does not order restitution, or orders only 
partial restitution, under this subsection, the court shall 
state on the record the reasons therefor.''.
  (d) Special Account for Receipt of Restitution Payments.--
Section 704(b) of such Act (42 U.S.C. 904(b)) is amended by 
adding at the end the following new paragraph:
  ``(3)(A) Except as provided in subparagraph (B), amounts 
received by the Social Security Administration pursuant to an 
order of restitution under section 208(b), 807(i), or 1632(b) 
shall be credited to a special fund established in the Treasury 
of the United States for amounts so received or recovered. The 
amounts so credited, to the extent and in the amounts provided 
in advance in appropriations Acts, shall be available to defray 
expenses incurred in carrying out titles II, VIII, and XVI.
  ``(B) Subparagraph (A) shall not apply with respect to 
amounts received in connection with misuse by a representative 
payee (within the meaning of sections 205(j), 807, and 
1631(a)(2)) of funds paid as benefits under titleII, VIII, or 
XVI. Such amounts received in connection with misuse of funds paid as 
benefits under title II shall be transferred to the Managing Trustee of 
the Federal Old-Age and Survivors Insurance Trust Fund or the Federal 
Disability Insurance Trust Fund, as determined appropriate by the 
Commissioner of Social Security, and such amounts shall be deposited by 
the Managing Trustee into such Trust Fund. All other such amounts shall 
be deposited by the Commissioner into the general fund of the Treasury 
as miscellaneous receipts.''.
  (e) Effective Date.--The amendments made by subsections (a), 
(b), and (c) shall apply with respect to violations occurring 
on or after the date of the enactment of this Act.

          TITLE III--ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS

SEC. 301. CAP ON ATTORNEY ASSESSMENTS.

  (a) In General.--Section 206(d)(2)(A) of the Social Security 
Act (42 U.S.C. 406(d)(2)(A)) is amended--
          (1) by inserting ``, except that the maximum amount 
        of the assessment may not exceed the greater of $75 or 
        the adjusted amount as provided pursuant to the 
        following two sentences'' after ``subparagraph (B)''; 
        and
          (2) by adding at the end the following new sentence: 
        ``In the case of any calendar year beginning after the 
        amendments made by section 301 of the Social Security 
        Protection Act of 2003 take effect, the dollar amount 
        specified in the preceding sentence (including a 
        previously adjusted amount) shall be adjusted annually 
        under the procedures used to adjust benefit amounts 
        under section 215(i)(2)(A)(ii), except such adjustment 
        shall be based on the higher of $75 or the previously 
        adjusted amount that would have been in effect for 
        December of the preceding year, but for the rounding of 
        such amount pursuant to the following sentence. Any 
        amount so adjusted that is not a multiple of $1 shall 
        be rounded to the next lowest multiple of $1, but in no 
        case less than $75.''.
  (b) Effective Date.--The amendments made by this section 
shall apply with respect to fees for representation of 
claimants which are first required to be certified or paid 
under section 206 of the Social Security Act on or after the 
first day of the first month that begins after 180 days after 
the date of the enactment of this Act.

SEC. 302. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE XVI CLAIMS.

  (a) In General.--Section 1631(d)(2) of the Social Security 
Act (42 U.S.C. 1383(d)(2)) is amended--
          (1) in subparagraph (A), in the matter preceding 
        clause (i)--
                  (A) by striking ``section 206(a)'' and 
                inserting ``section 206'';
                  (B) by striking ``(other than paragraph (4) 
                thereof)'' and inserting ``(other than 
                subsections (a)(4) and (d) thereof)''; and
                  (C) by striking ``paragraph (2) thereof'' and 
                inserting ``such section'';
          (2) in subparagraph (A)(i), by striking ``in 
        subparagraphs (A)(ii)(I) and (C)(i),'' and inserting 
        ``in subparagraphs (A)(ii)(I) and (D)(i) of subsection 
        (a)(2)'', and by striking ``and'' at the end;
          (3) by striking subparagraph (A)(ii) and inserting 
        the following:
          ``(ii) by substituting, in subsections (a)(2)(B) and 
        (b)(1)(B)(i), the phrase `section 1631(a)(7)(A) or the 
        requirements of due process of law' for the phrase 
        `subsection (g) or (h) of section 223';
          ``(iii) by substituting, in subsection (a)(2)(C)(i), 
        the phrase `under title II' for the phrase `under title 
        XVI';
          ``(iv) by substituting, in subsection (b)(1)(A), the 
        phrase `pay the amount of such fee' for the phrase 
        `certify the amount of such fee for payment' and by 
        striking, in subsection (b)(1)(A), the phrase `or 
        certified for payment'; and
          ``(v) by substituting, in subsection (b)(1)(B)(ii), 
        the phrase `deemed to be such amounts as determined 
        before any applicable reduction under section 1631(g), 
        and reduced by the amount of any reduction in benefits 
        under this title or title II made pursuant to section 
        1127(a)' for the phrase `determined before any 
        applicable reduction under section 1127(a))'.''; and
          (4) by striking subparagraph (B) and inserting the 
        following new subparagraphs:
  ``(B) Subject to subparagraph (C), if the claimant is 
determined to be entitled to past-due benefits under this title 
and the person representing the claimant is an attorney, the 
Commissioner of Social Security shall pay out of such past-due 
benefits to such attorney an amount equal to the lesser of--
          ``(i) so much of the maximum fee as does not exceed 
        25 percent of such past-due benefits (as determined 
        before any applicable reduction under section 1631(g) 
        and reduced by the amount of any reduction in benefits 
        under this title or title II pursuant to section 
        1127(a)), or
          ``(ii) the amount of past-due benefits available 
        after any applicable reductions under sections 1631(g) 
        and 1127(a).
  ``(C)(i) Whenever a fee for services is required to be paid 
to an attorney from a claimant's past-due benefits pursuant to 
subparagraph (B), the Commissioner shall impose on the attorney 
an assessment calculated in accordance with clause (ii).
  ``(ii)(I) The amount of an assessment under clause (i) shall 
be equal to the product obtained by multiplying the amount of 
the representative's fee that would be required to be paid by 
subparagraph (B) before the application of this subparagraph, 
by the percentage specified in subclause (II), except that the 
maximum amount of the assessment may not exceed $75. In the 
case of any calendar year beginning after the amendments made 
by section 302 of the Social Security Protection Act of 2003 
take effect, the dollar amount specified in the preceding 
sentence (including a previously adjusted amount) shall be 
adjusted annually under the procedures used to adjust benefit 
amounts under section 215(i)(2)(A)(ii), except such adjustment 
shall be based on the higher of $75 or the previously adjusted 
amount that would have been in effect for December of the 
preceding year, but for the rounding of such amount pursuant to 
the following sentence. Any amount so adjusted thatis not a 
multiple of $1 shall be rounded to the next lowest multiple of $1, but 
in no case less than $75.
  ``(II) The percentage specified in this subclause is such 
percentage rate as the Commissioner determines is necessary in 
order to achieve full recovery of the costs of determining and 
approving fees to attorneys from the past-due benefits of 
claimants, but not in excess of 6.3 percent.
  ``(iii) The Commissioner may collect the assessment imposed 
on an attorney under clause (i) by offset from the amount of 
the fee otherwise required by subparagraph (B) to be paid to 
the attorney from a claimant's past-due benefits.
  ``(iv) An attorney subject to an assessment under clause (i) 
may not, directly or indirectly, request or otherwise obtain 
reimbursement for such assessment from the claimant whose claim 
gave rise to the assessment.
  ``(v) Assessments on attorneys collected under this 
subparagraph shall be deposited in the Treasury in a separate 
fund created for this purpose.
  ``(vi) The assessments authorized under this subparagraph 
shall be collected and available for obligation only to the 
extent and in the amount provided in advance in appropriations 
Acts. Amounts so appropriated are authorized to remain 
available until expended, for administrative expenses in 
carrying out this title and related laws.''.
  (b) Effective Date.--
          (1) In general.--The amendments made by this section 
        shall apply with respect to fees for representation of 
        claimants which are first required to be certified or 
        paid under section 1631(d)(2) of the Social Security 
        Act on or after the first day of the first month that 
        begins after 270 days after the date of the enactment 
        of this Act.
          (2) Sunset.--Such amendments shall not apply with 
        respect to fees for representation of claimants in the 
        case of any claim for benefits with respect to which 
        the agreement for representation is entered into after 
        5 years after the date on which the Commissioner of 
        Social Security first implements the amendments made by 
        this section.
  (c) Study Regarding Fee-Withholding for Non-Attorney 
Representatives.--
          (1) Study.--As soon as practicable after the date of 
        the enactment of this Act, the Comptroller General of 
        the United States shall undertake a study regarding 
        fee-withholding for non-attorney representatives 
        representing claimants before the Social Security 
        Administration.
          (2) Matters to be studied.--In conducting the study 
        under this subsection, the Comptroller General shall--
                  (A) compare the non-attorney representatives 
                who seek fee approval for representing 
                claimants before the Social Security 
                Administration to attorney representatives who 
                seek such fee approval, with regard to--
                          (i) their training, qualifications, 
                        and competency,
                          (ii) the type and quality of services 
                        provided, and
                          (iii) the extent to which claimants 
                        are protected through oversight of such 
                        representatives by the Social Security 
                        Administration or other organizations, 
                        and
                  (B) consider the potential results of 
                extending to non-attorney representatives the 
                fee withholding procedures that apply under 
                titles II and XVI of the Social Security Act 
                for the payment of attorney fees, including the 
                effect on claimants and program administration.
          (3) Report.--Not later than 1 year after the date of 
        the enactment of this Act, the Comptroller General 
        shall submit to the Committee on Ways and Means of the 
        House of Representatives and the Committee on Finance 
        of the Senate a report detailing the results of the 
        Comptroller General's study conducted pursuant to this 
        subsection.

            TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS

    Subtitle A--Amendments Relating to the Ticket to Work and Work 
                   Incentives Improvement Act of 1999

SEC. 401. APPLICATION OF DEMONSTRATION AUTHORITY SUNSET DATE TO NEW 
                    PROJECTS.

  Section 234 of the Social Security Act (42 U.S.C. 434) is 
amended--
          (1) in the first sentence of subsection (c), by 
        striking ``conducted under subsection (a)'' and 
        inserting ``initiated under subsection (a) on or before 
        December 17, 2004''; and
          (2) in subsection (d)(2), by amending the first 
        sentence to read as follows: ``The authority to 
        initiate projects under the preceding provisions of 
        this section shall terminate on December 18, 2004.''.

SEC. 402. EXPANSION OF WAIVER AUTHORITY AVAILABLE IN CONNECTION WITH 
                    DEMONSTRATION PROJECTS PROVIDING FOR REDUCTIONS IN 
                    DISABILITY INSURANCE BENEFITS BASED ON EARNINGS.

  Section 302(c) of the Ticket to Work and Work Incentives 
Improvement Act of 1999 (42 U.S.C. 434 note) is amended by 
striking ``(42 U.S.C. 401 et seq.),'' and inserting ``(42 
U.S.C. 401 et seq.) and the requirements of section 1148 of 
such Act (42 U.S.C. 1320b-19) as they relate to the program 
established under title II of such Act,''.

SEC. 403. FUNDING OF DEMONSTRATION PROJECTS PROVIDED FOR REDUCTIONS IN 
                    DISABILITY INSURANCE BENEFITS BASED ON EARNINGS.

  Section 302(f) of the Ticket to Work and Work Incentives 
Improvement Act of 1999 (42 U.S.C. 434 note) is amended to read 
as follows:
  ``(f) Expenditures.--Administrative expenses for 
demonstration projects under this section shall be paid from 
funds available for the administration of title II or XVIII of 
the Social Security Act, as appropriate. Benefits payable to or 
on behalf of individuals by reason of participation in projects 
under this section shall be made from the Federal Disability 
Insurance Trust Fund and the Federal Old-Age and Survivors 
Insurance Trust Fund, as determined appropriate by the 
Commissioner of Social Security, and from the Federal Hospital 
Insurance Trust Fund and the Federal Supplementary Medical 
Insurance Trust Fund, as determined appropriate by the 
Secretary of Health and Human Services, from funds available 
for benefits under such title II or XVIII.''.

SEC. 404. AVAILABILITY OF FEDERAL AND STATE WORK INCENTIVE SERVICES TO 
                    ADDITIONAL INDIVIDUALS.

  (a) Federal Work Incentives Outreach Program.--
          (1) In general.--Section 1149(c)(2) of the Social 
        Security Act (42 U.S.C. 1320b-20(c)(2)) is amended to 
        read as follows:
          ``(2) Disabled beneficiary.--The term `disabled 
        beneficiary' means an individual--
                  ``(A) who is a disabled beneficiary as 
                defined in section 1148(k)(2) of this Act;
                  ``(B) who is receiving a cash payment 
                described in section 1616(a) of this Act or a 
                supplementary payment described in section 
                212(a)(3) of Public Law 93-66 (without regard 
                to whether such payment is paid by the 
                Commissioner pursuant to an agreement under 
                section 1616(a) of this Act or under section 
                212(b) of Public Law 93-66);
                  ``(C) who, pursuant to section 1619(b) of 
                this Act, is considered to be receiving 
                benefits under title XVI of this Act; or
                  ``(D) who is entitled to benefits under part 
                A of title XVIII of this Act by reason of the 
                penultimate sentence of section 226(b) of this 
                Act.''.
          (2) Effective date.--The amendment made by this 
        subsection shall apply with respect to grants, 
        cooperative agreements, or contracts entered into on or 
        after the date of the enactment of this Act.
  (b) State Grants for Work Incentives Assistance.--
          (1) Definition of disabled beneficiary.--Section 
        1150(g)(2) of such Act (42 U.S.C. 1320b-21(g)(2)) is 
        amended to read as follows:
          ``(2) Disabled beneficiary.--The term `disabled 
        beneficiary' means an individual--
                  ``(A) who is a disabled beneficiary as 
                defined in section 1148(k)(2) of this Act;
                  ``(B) who is receiving a cash payment 
                described in section 1616(a) of this Act or a 
                supplementary payment described in section 
                212(a)(3) of Public Law 93-66 (without regard 
                to whether such payment is paid by the 
                Commissioner pursuant to an agreement under 
                section 1616(a) of this Act or under section 
                212(b) of Public Law 93-66);
                  ``(C) who, pursuant to section 1619(b) of 
                this Act, is considered to be receiving 
                benefits under title XVI of this Act; or
                  ``(D) who is entitled to benefits under part 
                A of title XVIII of this Act by reason of the 
                penultimate sentence of section 226(b) of this 
                Act.''.
          (2) Advocacy or other services needed to maintain 
        gainful employment.--Section 1150(b)(2) of such Act (42 
        U.S.C. 1320b-21(b)(2)) is amended by striking ``secure 
        or regain'' and inserting ``secure, maintain, or 
        regain''.
          (3) Effective date.--The amendments made by this 
        subsection shall apply with respect to payments 
        provided after the date of the enactment of this Act.

SEC. 405. TECHNICAL AMENDMENT CLARIFYING TREATMENT FOR CERTAIN PURPOSES 
                    OF INDIVIDUAL WORK PLANS UNDER THE TICKET TO WORK 
                    AND SELF-SUFFICIENCY PROGRAM.

  (a) In General.--Section 1148(g)(1) of the Social Security 
Act (42 U.S.C. 1320b-19) is amended by adding at the end, after 
and below subparagraph (E), the following new sentence:
        ``An individual work plan established pursuant to this 
        subsection shall be treated, for purposes of section 
        51(d)(6)(B)(i) of the Internal Revenue Code of 1986, as 
        an individualized written plan for employment under a 
        State plan for vocational rehabilitation services 
        approved under the Rehabilitation Act of 1973.''.
  (b) Effective Date.--The amendment made by subsection (a) 
shall take effect as if included in section 505 of the Ticket 
to Work and Work Incentives Improvement Act of 1999 (Public Law 
106-170; 113 Stat. 1921).

                  Subtitle B--Miscellaneous Amendments

SEC. 411. ELIMINATION OF TRANSCRIPT REQUIREMENT IN REMAND CASES FULLY 
                    FAVORABLE TO THE CLAIMANT.

  (a) In General.--Section 205(g) of the Social Security Act 
(42 U.S.C. 405(g)) is amended in the sixth sentence by striking 
``and a transcript'' and inserting ``and, in any case in which 
the Commissioner has not made a decision fully favorable to the 
individual, a transcript''.
  (b) Effective Date.--The amendment made by this section shall 
apply with respect to final determinations issued (upon remand) 
on or after the date of the enactment of this Act.

SEC. 412. NONPAYMENT OF BENEFITS UPON REMOVAL FROM THE UNITED STATES.

  (a) In General.--Paragraphs (1) and (2) of section 202(n) of 
the Social Security Act (42 U.S.C. 402(n)(1), (2)) are each 
amended by striking ``or (1)(E)''.
  (b) Effective Date.--The amendment made by this section to 
section 202(n)(1) of the Social Security Act shall apply to 
individuals with respect to whom the Commissioner of Social 
Security receives a removal notice from the Attorney General 
after the date of the enactment of this Act. The amendment made 
by this section to section 202(n)(2) of the Social Security Act 
shall apply with respect to removals occurring after the date 
of the enactment of this Act.

SEC. 413. REINSTATEMENT OF CERTAIN REPORTING REQUIREMENTS.

  Section 3003(a)(1) of the Federal Reports Elimination and 
Sunset Act of 1995 (31 U.S.C. 1113 note) shall not apply to any 
report required to be submitted under any of the following 
provisions of law:
          (1)(A) Section 201(c)(2) of the Social Security Act 
        (42 U.S.C. 401(c)(2)).
          (B) Section 1817(b)(2) of the Social Security Act (42 
        U.S.C. 1395i(b)(2)).
          (C) Section 1841(b)(2) of the Social Security Act (42 
        U.S.C. 1395t(b)(2)).
          (2)(A) Section 221(c)(3)(C) of the Social Security 
        Act (42 U.S.C. 421(c)(3)(C)).
          (B) Section 221(i)(3) of the Social Security Act (42 
        U.S.C. 421(i)(3)).

SEC. 414. CLARIFICATION OF DEFINITIONS REGARDING CERTAIN SURVIVOR 
                    BENEFITS.

  (a) Widows.--Section 216(c) of the Social Security Act (42 
U.S.C. 416(c)) is amended--
          (1) by redesignating subclauses (A) through (C) of 
        clause (6) as subclauses (i) through (iii), 
        respectively;
          (2) by redesignating clauses (1) through (6) as 
        clauses (A) through (F), respectively;
          (3) in clause (E) (as redesignated), by inserting 
        ``except as provided in paragraph (2),'' before ``she 
        was married'';
          (4) by inserting ``(1)'' after ``(c)''; and
          (5) by adding at the end the following new paragraph:
  ``(2) The requirements of paragraph (1)(E) in connection with 
the surviving wife of an individual shall be treated as 
satisfied if--
          ``(A) the individual had been married prior to the 
        individual's marriage to the surviving wife,
          ``(B) the prior wife was institutionalized during the 
        individual's marriage to the prior wife due to mental 
        incompetence or similar incapacity,
          ``(C) during the period of the prior wife's 
        institutionalization, the individual would have 
        divorced the prior wife and married the surviving wife, 
        but the individual did not do so because such divorce 
        would have been unlawful, by reason of the prior wife's 
        institutionalization, under the laws of the State in 
        which the individual was domiciled at the time (as 
        determined based on evidence satisfactory to the 
        Commissioner of Social Security),
          ``(D) the prior wife continued to remain 
        institutionalized up to the time of her death, and
          ``(E) the individual married the surviving wife 
        within 60 days after the prior wife's death.''.
  (b) Widowers.--Section 216(g) of such Act (42 U.S.C. 416(g)) 
is amended--
          (1) by redesignating subclauses (A) through (C) of 
        clause (6) as subclauses (i) through (iii), 
        respectively;
          (2) by redesignating clauses (1) through (6) as 
        clauses (A) through (F), respectively;
          (3) in clause (E) (as redesignated), by inserting 
        ``except as provided in paragraph (2),'' before ``he 
        was married'';
          (4) by inserting ``(1)'' after ``(g)''; and
          (5) by adding at the end the following new paragraph:
  ``(2) The requirements of paragraph (1)(E) in connection with 
the surviving husband of an individual shall be treated as 
satisfied if--
          ``(A) the individual had been married prior to the 
        individual's marriage to the surviving husband,
          ``(B) the prior husband was institutionalized during 
        the individual's marriage to the prior husband due to 
        mental incompetence or similar incapacity,
          ``(C) during the period of the prior husband's 
        institutionalization, the individual would have 
        divorced the prior husband and married the surviving 
        husband, but the individual did not do so because such 
        divorce would have been unlawful, by reason of the 
        prior husband's institutionalization, under the laws of 
        the State in which the individual was domiciled at the 
        time (as determined based on evidence satisfactory to 
        the Commissioner of Social Security),
          ``(D) the prior husband continued to remain 
        institutionalized up to the time of his death, and
          ``(E) the individual married the surviving husband 
        within 60 days after the prior husband's death.''.
  (c) Conforming Amendment.--Section 216(k) of such Act (42 
U.S.C. 416(k)) is amended by striking ``clause (5) of 
subsection (c) or clause (5) of subsection (g)'' and inserting 
``clause (E) of subsection (c)(1) or clause (E) of subsection 
(g)(1)''.
  (d) Effective Date.--The amendments made by this section 
shall be effective with respect to applications for benefits 
under title II of the Social Security Act filed during months 
ending after the date of the enactment of this Act.

SEC. 415. CLARIFICATION RESPECTING THE FICA AND SECA TAX EXEMPTIONS FOR 
                    AN INDIVIDUAL WHOSE EARNINGS ARE SUBJECT TO THE 
                    LAWS OF A TOTALIZATION AGREEMENT PARTNER.

  Sections 1401(c), 3101(c), and 3111(c) of the Internal 
Revenue Code of 1986 are each amended by striking ``to taxes or 
contributions for similar purposes under'' and inserting 
``exclusively to the laws applicable to''.

SEC. 416. COVERAGE UNDER DIVIDED RETIREMENT SYSTEM FOR PUBLIC EMPLOYEES 
                    IN KENTUCKY.

  (a) In General.--Section 218(d)(6)(C) of the Social Security 
Act (42 U.S.C. 418(d)(6)(C)) is amended by inserting 
``Kentucky,'' after ``Illinois,''.
  (b) Effective Date.--The amendment made by subsection (a) 
takes effect on January 1, 2003.

SEC. 417. COMPENSATION FOR THE SOCIAL SECURITY ADVISORY BOARD.

  (a) In General.--Subsection (f) of section 703 of the Social 
Security Act (42 U.S.C. 903(f)) is amended to read as follows:

                 ``Compensation, Expenses, and Per Diem

  ``(f) A member of the Board shall, for each day (including 
traveltime) during which the member is attending meetings or 
conferences of the Board or otherwise engaged in the business 
of the Board, be compensated at the daily rate of basic pay for 
level IV of the Executive Schedule. While serving on business 
of the Board away from their homes or regular places of 
business, members may be allowed travel expenses, including per 
diem in lieu of subsistence, as authorized by section 5703 of 
title 5, United States Code, for persons in the Government 
employed intermittently.''.
  (b) Effective Date.--The amendment made by this section shall 
be effective as of January 1, 2003.

                    Subtitle C--Technical Amendments

SEC. 421. TECHNICAL CORRECTION RELATING TO RESPONSIBLE AGENCY HEAD.

  Section 1143 of the Social Security Act (42 U.S.C. 1320b-13) 
is amended--
          (1) by striking ``Secretary'' the first place it 
        appears and inserting ``Commissioner of Social 
        Security''; and
          (2) by striking ``Secretary'' each subsequent place 
        it appears and inserting ``Commissioner''.

SEC. 422. TECHNICAL CORRECTION RELATING TO RETIREMENT BENEFITS OF 
                    MINISTERS.

  (a) In General.--Section 211(a)(7) of the Social Security Act 
(42 U.S.C. 411(a)(7)) is amended by inserting ``, but shall not 
include in any such net earnings from self-employment the 
rental value of any parsonage or any parsonage allowance 
(whether or not excluded under section 107 of the Internal 
Revenue Code of 1986) provided after the individual retires, or 
any other retirement benefit received by such individual from a 
church plan (as defined in section 414(e) of such Code) after 
the individual retires'' before the semicolon.
  (b) Effective Date.--The amendment made by this section shall 
apply to years beginning before, on, or after December 31, 
1994.

SEC. 423. TECHNICAL CORRECTIONS RELATING TO DOMESTIC EMPLOYMENT.

  (a) Amendment to Internal Revenue Code.--Section 
3121(a)(7)(B) of the Internal Revenue Code of 1986is amended by 
striking ``described in subsection (g)(5)'' and inserting ``on a farm 
operated for profit''.
  (b) Amendment to Social Security Act.--Section 209(a)(6)(B) 
of the Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended 
by striking ``described in section 210(f)(5)'' and inserting 
``on a farm operated for profit''.
  (c) Conforming Amendment.--Section 3121(g)(5) of such Code 
and section 210(f)(5) of such Act (42 U.S.C. 410(f)(5)) are 
amended by striking ``or is domestic service in a private home 
of the employer''.

SEC. 424. TECHNICAL CORRECTIONS OF OUTDATED REFERENCES.

  (a) Correction of Terminology and Citations Respecting 
Removal From the United States.--Section 202(n) of the Social 
Security Act (42 U.S.C. 402(n)) (as amended by section 412) is 
amended further--
          (1) by striking ``deportation'' each place it appears 
        and inserting ``removal'';
          (2) by striking ``deported'' each place it appears 
        and inserting ``removed'';
          (3) in paragraph (1) (in the matter preceding 
        subparagraph (A)), by striking ``under section 241(a) 
        (other than under paragraph (1)(C) thereof)'' and 
        inserting ``under section 237(a) (other than paragraph 
        (1)(C) thereof) or 212(a)(6)(A)'';
          (4) in paragraph (2), by striking ``under any of the 
        paragraphs of section 241(a) of the Immigration and 
        Nationality Act (other than under paragraph (1)(C) 
        thereof)'' and inserting ``under any of the paragraphs 
        of section 237(a) of the Immigration and Nationality 
        Act (other than paragraph (1)(C) thereof) or under 
        section 212(a)(6)(A) of such Act'';
          (5) in paragraph (3)--
                  (A) by striking ``paragraph (19) of section 
                241(a)'' and inserting ``subparagraph (D) of 
                section 237(a)(4)''; and
                  (B) by striking ``paragraph (19)'' and 
                inserting ``subparagraph (D)''; and
          (6) in the heading, by striking ``Deportation'' and 
        inserting ``Removal''.
  (b) Correction of Citation Respecting the Tax Deduction 
Relating to Health Insurance Costs of Self-Employed 
Individuals.--Section 211(a)(15) of such Act (42 U.S.C. 
411(a)(15)) is amended by striking ``section 162(m)'' and 
inserting ``section 162(l)''.
  (c) Elimination of Reference to Obsolete 20-Day Agricultural 
Work Test.--Section 3102(a) of the Internal Revenue Code of 
1986 is amended by striking ``and the employee has not 
performed agricultural labor for the employer on 20 days or 
more in the calendar year for cash remuneration computed on a 
time basis''.

SEC. 425. TECHNICAL CORRECTION RESPECTING SELF-EMPLOYMENT INCOME IN 
                    COMMUNITY PROPERTY STATES.

  (a) Social Security Act Amendment.--Section 211(a)(5)(A) of 
the Social Security Act (42 U.S.C. 411(a)(5)(A)) is amended by 
striking ``all of the gross income'' and all that follows and 
inserting ``the gross income and deductions attributable to 
such trade or business shall be treated as the gross income and 
deductions of the spouse carrying on such trade or business or, 
if such trade or business is jointly operated, treated as the 
gross income and deductions of each spouse on the basis of 
their respective distributive share of the gross income and 
deductions;''.
  (b) Internal Revenue Code of 1986 Amendment.--Section 
1402(a)(5)(A) of the Internal Revenue Code of 1986 is amended 
by striking ``all of the gross income'' and all that follows 
and inserting ``the gross income and deductions attributable to 
such trade or business shall be treated as the gross income and 
deductions of the spouse carrying on such trade or business or, 
if such trade or business is jointly operated, treated as the 
gross income and deductions of each spouse on the basis of 
their respective distributive share of the gross income and 
deductions; and''.

                                
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