IB 

Union Calendar No. 28

108TH CONGRESS 

1ST SESSION H. R. 743

[Report No. 108–46] 

To amend the Social Security Act and the Internal Revenue Code of 1986 

to provide additional safeguards for Social Security and Supplemental 

Security Income beneficiaries with representative payees, to enhance program protections, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

FEBRUARY 12, 2003

Mr. SHAW (for himself, Mr. MATSUI, Mr. COLLINS, Mr. POMEROY, Mr. LEWIS

of Kentucky, Mr. BECERRA, Mr. RYAN of Wisconsin, Mrs. JONES of 

Ohio, Mr. RANGEL, Mr. FOLEY, Mr. BALLENGER, Mr. FLETCHER, Ms. 

HARRIS, Mrs. NORTHUP, and Mr. WHITFIELD) introduced the following 

bill; which was referred to the Committee on Ways and Means 

MARCH 24, 2003

Additional sponsors: Mr. HULSHOF, Mr. HAYWORTH, Mr. MCNULTY, Mr. ANDREWS, Mr. ROSS, Mr. MARSHALL, Ms. CARSON of Indiana, Mr. CASE, 

Mr. SMITH of New Jersey, Mr. ALLEN, Mr. BRADLEY of New Hampshire, Mr. ROTHMAN, Mr. ROYCE, Mr. MARIO DIAZ-BALART of Florida, 

Mr. MCCOTTER, Mr. CARDIN, and Mr. PETERSON of Minnesota 

MARCH 24, 2003 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on February 12, 2003] 

A BILL

To amend the Social Security Act and the Internal Revenue 
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Code of 1986 to provide additional safeguards for Social 

Security and Supplemental Security Income beneficiaries 

with representative payees, to enhance program protections, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 

4 (a) SHORT TITLE.—This Act may be cited as the ‘‘So5 cial Security Protection Act of 2003’’. 

6 (b) TABLE OF CONTENTS.—The table of contents is as 

7 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. 
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Sec. 205. Refusal to recognize certain individuals as claimant representatives. 

Sec. 206. Penalty for corrupt or forcible interference with administration of Social Security Act. 

Sec. 207. Use of symbols, emblems, or names in reference to social security or 

medicare. 

Sec. 208. Disqualification from payment during trial work period upon conviction of fraudulent concealment of work activity. 

Sec. 209. Authority for judicial orders of restitution. 

TITLE III—ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS 

Sec. 301. Cap on attorney assessments. 

Sec. 302. Extension of attorney fee payment system to title XVI claims. 

TITLE IV—MISCELLANEOUS AND TECHNICAL AMENDMENTS 

Subtitle A—Amendments Relating to the Ticket to Work and Work Incentives 

Improvement Act of 1999

Sec. 401. Application of demonstration authority sunset date to new projects. 

Sec. 402. Expansion of waiver authority available in connection with demonstration projects providing for reductions in disability insurance 

benefits based on earnings. 

Sec. 403. Funding of demonstration projects provided for reductions in disability 

insurance benefits based on earnings. 

Sec. 404. Availability of Federal and State work incentive services to additional 

individuals. 

Sec. 405. Technical amendment clarifying treatment for certain purposes of individual work plans under the Ticket to Work and Self-Sufficiency 

Program. 

Subtitle B—Miscellaneous Amendments 

Sec. 411. Elimination of transcript requirement in remand cases fully favorable 

to the claimant. 

Sec. 412. Nonpayment of benefits upon removal from the United States. 

Sec. 413. Reinstatement of certain reporting requirements. 

Sec. 414. Clarification of definitions regarding certain survivor benefits. 

Sec. 415. Clarification respecting the FICA and SECA tax exemptions for an individual whose earnings are subject to the laws of a totalization 

agreement partner. 

Sec. 416. Coverage under divided retirement system for public employees in Kentucky. 

Sec. 417. Compensation for the Social Security Advisory Board. 

Sec. 418. 60-month period of employment requirement for application of government pension offset exemption. 

Subtitle C—Technical Amendments 

Sec. 421. Technical correction relating to responsible agency head. 

Sec. 422. Technical correction relating to retirement benefits of ministers. 

Sec. 423. Technical corrections relating to domestic employment. 

Sec. 424. Technical corrections of outdated references. 

Sec. 425. Technical correction respecting self-employment income in community 

property States.
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1 TITLE I—PROTECTION OF 

2 BENEFICIARIES 

3 Subtitle A—Representative Payees 

4 SEC. 101. AUTHORITY TO REISSUE BENEFITS MISUSED BY 

5 ORGANIZATIONAL REPRESENTATIVE PAYEES. 

6 (a) TITLE II AMENDMENTS.—

7 (1) REISSUANCE OF BENEFITS.—Section 

8 205(j)(5) of the Social Security Act (42 

9 U.S.C. 405(j)(5)) is amended by inserting after the 

10 first sentence the following new sentences: ‘‘In any 

11 case in which a representative payee that—

12 ‘‘(A) is not an individual (regardless of whether 

13 it is a ‘qualified organization’ within the meaning of 

14 paragraph (4)(B)); or 

15 ‘‘(B) is an individual who, for any month dur16 ing a period when misuse occurs, serves 15 or more 

17 individuals who are beneficiaries under this title, title 

18 VIII, title XVI, or any combination of such titles; 

19 misuses all or part of an individual’s benefit paid to such 

20 representative payee, the Commissioner of Social Security 

21 shall certify for payment to the beneficiary or the bene22 ficiary’s alternative representative payee an amount equal 

23 to the amount of such benefit so misused. The provisions 

24 of this paragraph are subject to the limitations of para25 graph (7)(B).’’.
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1 (2) MISUSE OF BENEFITS DEFINED.—Section 

2 205(j) of such Act (42 U.S.C. 405(j)) is amended by 

3 adding at the end the following new paragraph: 

4 ‘‘(8) For purposes of this subsection, misuse of benefits 

5 by a representative payee occurs in any case in which the 

6 representative payee receives payment under this title for 

7 the use and benefit of another person and converts such pay8 ment, or any part thereof, to a use other than for the use 

9 and benefit of such other person. The Commissioner of So10 cial Security may prescribe by regulation the meaning of 

11 the term ‘use and benefit’ for purposes of this paragraph.’’. 

12 (b) TITLE VIII AMENDMENTS.—

13 (1) REISSUANCE OF BENEFITS.—Section 807(i) 

14 of the Social Security Act (42 U.S.C. 1007(i)) (as 

15 amended by section 209(b)(1) of this Act) is amended 

16 further by inserting after the first sentence the fol17 lowing new sentences: ‘‘In any case in which a rep18 resentative payee that—

19 ‘‘(A) is not an individual; or 

20 ‘‘(B) is an individual who, for any month 

21 during a period when misuse occurs, serves 15 or 

22 more individuals who are beneficiaries under 

23 this title, title II, title XVI, or any combination 

24 of such titles; 
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1 misuses all or part of an individual’s benefit paid to 

2 such representative payee, the Commissioner of Social 

3 Security shall pay to the beneficiary or the bene4 ficiary’s alternative representative payee an amount 

5 equal to the amount of such benefit so misused. The 

6 provisions of this paragraph are subject to the limita7 tions of subsection (l)(2).’’. 

8 (2) MISUSE OF BENEFITS DEFINED.—Section 

9 807 of such Act (42 U.S.C. 1007) is amended by add10 ing at the end the following new subsection: 

11 ‘‘(j) MISUSE OF BENEFITS.—For purposes of this title, 

12 misuse of benefits by a representative payee occurs in any 

13 case in which the representative payee receives payment 

14 under this title for the use and benefit of another person 

15 under this title and converts such payment, or any part 

16 thereof, to a use other than for the use and benefit of such 

17 person. The Commissioner of Social Security may prescribe 

18 by regulation the meaning of the term ‘use and benefit’ for 

19 purposes of this subsection.’’. 

20 (3) TECHNICAL AMENDMENT.—Section 807(a) of 

21 such Act (42 U.S.C. 1007(a)) is amended, in the first 

22 sentence, by striking ‘‘for his or her benefit’’ and in23 serting ‘‘for his or her use and benefit’’. 

24 (c) TITLE XVI AMENDMENTS.—
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1 (1) REISSUANCE OF BENEFITS.—Section 

2 1631(a)(2)(E) of such Act (42 U.S.C. 1383(a)(2)(E)) 

3 is amended by inserting after the first sentence the 

4 following new sentences: ‘‘In any case in which a rep5 resentative payee that—

6 ‘‘(i) is not an individual (regardless of whether 

7 it is a ‘qualified organization’ within the meaning of 

8 subparagraph (D)(ii)); or 

9 ‘‘(ii) is an individual who, for any month dur10 ing a period when misuse occurs, serves 15 or more 

11 individuals who are beneficiaries under this title, title 

12 II, title VIII, or any combination of such titles; 

13 misuses all or part of an individual’s benefit paid to the 

14 representative payee, the Commissioner of Social Security 

15 shall pay to the beneficiary or the beneficiary’s alternative 

16 representative payee an amount equal to the amount of the 

17 benefit so misused. The provisions of this subparagraph are 

18 subject to the limitations of subparagraph (H)(ii).’’. 

19 (2) EXCLUSION OF REISSUED BENEFITS FROM

20 RESOURCES.—Section 1613(a) of such Act (42 

21 U.S.C. 1382b(a)) is amended—

22 (A) in paragraph (12), by striking ‘‘and’’ 

23 at the end; 

24 (B) in paragraph (13), by striking the pe25 riod and inserting ‘‘; and’’; and 
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1 (C) by inserting after paragraph (13) the 

2 following new paragraph: 

3 ‘‘(14) for the 9-month period beginning after the 

4 month in which received, any amount received by 

5 such individual (or spouse) or any other person whose 

6 income is deemed to be included in such individual’s 

7 (or spouse’s) income for purposes of this title as res8 titution for benefits under this title, title II, or title 

9 VIII that a representative payee of such individual 

10 (or spouse) or such other person under section 205(j), 

11 807, or 1631(a)(2) has misused.’’. 

12 (3) MISUSE OF BENEFITS DEFINED.—Section 

13 1631(a)(2)(A) of such Act (42 U.S.C. 1383(a)(2)(A)) 

14 is amended by adding at the end the following new 

15 clause: 

16 ‘‘(iv) For purposes of this paragraph, misuse of bene17 fits by a representative payee occurs in any case in which 

18 the representative payee receives payment under this title 

19 for the use and benefit of another person and converts such 

20 payment, or any part thereof, to a use other than for the 

21 use and benefit of such other person. The Commissioner of 

22 Social Security may prescribe by regulation the meaning 

23 of the term ‘use and benefit’ for purposes of this clause.’’. 

24 (d) EFFECTIVE DATE.—The amendments made by this 

25 section shall apply to any case of benefit misuse by a rep-
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1 resentative payee with respect to which the Commissioner 

2 makes the determination of misuse on or after January 1, 

3 1995. 

4 SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES. 

5 (a) CERTIFICATION OF BONDING AND LICENSING RE6 QUIREMENTS FOR NONGOVERNMENTAL ORGANIZATIONAL

7 REPRESENTATIVE PAYEES.—

8 (1) TITLE II AMENDMENTS.—Section 205(j) of 

9 the Social Security Act (42 U.S.C. 405(j)) is amend10 ed—

11 (A) in paragraph (2)(C)(v), by striking ‘‘a 

12 community-based nonprofit social service agency 

13 licensed or bonded by the State’’ in subclause (I) 

14 and inserting ‘‘a certified community-based non15 profit social service agency (as defined in para16 graph (9))’’; 

17 (B) in paragraph (3)(F), by striking ‘‘com18 munity-based nonprofit social service agencies’’ 

19 and inserting ‘‘certified community-based non20 profit social service agencies (as defined in para21 graph (9))’’; 

22 (C) in paragraph (4)(B), by striking ‘‘any 

23 community-based nonprofit social service agency 

24 which is bonded or licensed in each State in 

25 which it serves as a representative payee’’ and
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1 inserting ‘‘any certified community-based non2 profit social service agency (as defined in para3 graph (9))’’; and 

4 (D) by adding after paragraph (8) (as 

5 added by section 101(a)(2) of this Act) the fol6 lowing new paragraph: 

7 ‘‘(9) For purposes of this subsection, the term ‘certified 

8 community-based nonprofit social service agency’ means a 

9 community-based nonprofit social service agency which is 

10 in compliance with requirements, under regulations which 

11 shall be prescribed by the Commissioner, for annual certifi12 cation to the Commissioner that it is bonded in accordance 

13 with requirements specified by the Commissioner and that 

14 it is licensed in each State in which it serves as a represent15 ative payee (if licensing is available in such State) in ac16 cordance with requirements specified by the Commissioner. 

17 Any such annual certification shall include a copy of any 

18 independent audit on such agency which may have been 

19 performed since the previous certification.’’. 

20 (2) TITLE XVI AMENDMENTS.—Section 

21 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is 

22 amended—

23 (A) in subparagraph (B)(vii), by striking 

24 ‘‘a community-based nonprofit social service 

25 agency licensed or bonded by the State’’ in sub-
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1 clause (I) and inserting ‘‘a certified community2 based nonprofit social service agency (as defined 

3 in subparagraph (I))’’; 

4 (B) in subparagraph (D)(ii)—

5 (i) by striking ‘‘or any community6 based’’ and all that follows through ‘‘in ac7 cordance’’ in subclause (II) and inserting 

8 ‘‘or any certified community-based non9 profit social service agency (as defined in 

10 subparagraph (I)), if the agency, in accord11 ance’’; 

12 (ii) by redesignating items (aa) and 

13 (bb) as subclauses (I) and (II), respectively 

14 (and adjusting the margination accord15 ingly); and 

16 (iii) by striking ‘‘subclause (II)(bb)’’ 

17 and inserting ‘‘subclause (II)’’; and 

18 (C) by adding at the end the following new 

19 subparagraph: 

20 ‘‘(I) For purposes of this paragraph, the term ‘certified 

21 community-based nonprofit social service agency’ means a 

22 community-based nonprofit social service agency which is 

23 in compliance with requirements, under regulations which 

24 shall be prescribed by the Commissioner, for annual certifi25 cation to the Commissioner that it is bonded in accordance 
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1 with requirements specified by the Commissioner and that 

2 it is licensed in each State in which it serves as a represent3 ative payee (if licensing is available in the State) in accord4 ance with requirements specified by the Commissioner. Any 

5 such annual certification shall include a copy of any inde6 pendent audit on the agency which may have been per7 formed since the previous certification.’’. 

8 (3) EFFECTIVE DATE.—The amendments made 

9 by this subsection shall take effect on the first day of 

10 the thirteenth month beginning after the date of the 

11 enactment of this Act. 

12 (b) PERIODIC ONSITE REVIEW.—

13 (1) TITLE II AMENDMENT.—Section 205(j)(6) of 

14 such Act (42 U.S.C. 405(j)(6)) is amended to read as 

15 follows: 

16 ‘‘(6)(A) In addition to such other reviews of represent17 ative payees as the Commissioner of Social Security may 

18 otherwise conduct, the Commissioner shall provide for the 

19 periodic onsite review of any person or agency located in 

20 the United States that receives the benefits payable under 

21 this title (alone or in combination with benefits payable 

22 under title VIII or title XVI) to another individual pursu23 ant to the appointment of such person or agency as a rep24 resentative payee under this subsection, section 807, or sec25 tion 1631(a)(2) in any case in which—
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1 ‘‘(i) the representative payee is a person who 

2 serves in that capacity with respect to 15 or more 

3 such individuals; 

4 ‘‘(ii) the representative payee is a certified com5 munity-based nonprofit social service agency (as de6 fined in paragraph (9) of this subsection or section 

7 1631(a)(2)(I)); or 

8 ‘‘(iii) the representative payee is an agency 

9 (other than an agency described in clause (ii)) that 

10 serves in that capacity with respect to 50 or more 

11 such individuals. 

12 ‘‘(B) Within 120 days after the end of each fiscal year, 

13 the Commissioner shall submit to the Committee on Ways 

14 and Means of the House of Representatives and the Com15 mittee on Finance of the Senate a report on the results of 

16 periodic onsite reviews conducted during the fiscal year 

17 pursuant to subparagraph (A) and of any other reviews of 

18 representative payees conducted during such fiscal year in 

19 connection with benefits under this title. Each such report 

20 shall describe in detail all problems identified in such re21 views and any corrective action taken or planned to be 

22 taken to correct such problems, and shall include—

23 ‘‘(i) the number of such reviews; 

24 ‘‘(ii) the results of such reviews; 
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1 ‘‘(iii) the number of cases in which the represent2 ative payee was changed and why; 

3 ‘‘(iv) the number of cases involving the exercise 

4 of expedited, targeted oversight of the representative 

5 payee by the Commissioner conducted upon receipt of 

6 an allegation of misuse of funds, failure to pay a ven7 dor, or a similar irregularity; 

8 ‘‘(v) the number of cases discovered in which 

9 there was a misuse of funds; 

10 ‘‘(vi) how any such cases of misuse of funds were 

11 dealt with by the Commissioner; 

12 ‘‘(vii) the final disposition of such cases of mis13 use of funds, including any criminal penalties im14 posed; and 

15 ‘‘(viii) such other information as the Commis16 sioner deems appropriate.’’. 

17 (2) TITLE VIII AMENDMENT.—Section 807 of 

18 such Act (as amended by section 101(b)(2) of this Act) 

19 is amended further by adding at the end the following 

20 new subsection: 

21 ‘‘(k) PERIODIC ONSITE REVIEW.—(1) In addition to 

22 such other reviews of representative payees as the Commis23 sioner of Social Security may otherwise conduct, the Com24 missioner may provide for the periodic onsite review of any 

25 person or agency that receives the benefits payable under
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1 this title (alone or in combination with benefits payable 

2 under title II or title XVI) to another individual pursuant 

3 to the appointment of such person or agency as a represent4 ative payee under this section, section 205(j), or section 

5 1631(a)(2) in any case in which—

6 ‘‘(A) the representative payee is a person who 

7 serves in that capacity with respect to 15 or more 

8 such individuals; or 

9 ‘‘(B) the representative payee is an agency that 

10 serves in that capacity with respect to 50 or more 

11 such individuals. 

12 ‘‘(2) Within 120 days after the end of each fiscal year, 

13 the Commissioner shall submit to the Committee on Ways 

14 and Means of the House of Representatives and the Com15 mittee on Finance of the Senate a report on the results of 

16 periodic onsite reviews conducted during the fiscal year 

17 pursuant to paragraph (1) and of any other reviews of rep18 resentative payees conducted during such fiscal year in con19 nection with benefits under this title. Each such report 

20 shall describe in detail all problems identified in such re21 views and any corrective action taken or planned to be 

22 taken to correct such problems, and shall include—

23 ‘‘(A) the number of such reviews; 

24 ‘‘(B) the results of such reviews; 
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1 ‘‘(C) the number of cases in which the represent2 ative payee was changed and why; 

3 ‘‘(D) the number of cases involving the exercise 

4 of expedited, targeted oversight of the representative 

5 payee by the Commissioner conducted upon receipt of 

6 an allegation of misuse of funds, failure to pay a ven7 dor, or a similar irregularity; 

8 ‘‘(E) the number of cases discovered in which 

9 there was a misuse of funds; 

10 ‘‘(F) how any such cases of misuse of funds were 

11 dealt with by the Commissioner; 

12 ‘‘(G) the final disposition of such cases of misuse 

13 of funds, including any criminal penalties imposed; 

14 and 

15 ‘‘(H) such other information as the Commis16 sioner deems appropriate.’’. 

17 (3) TITLE XVI AMENDMENT.—Section 

18 1631(a)(2)(G) of such Act (42 U.S.C. 1383(a)(2)(G)) 

19 is amended to read as follows: 

20 ‘‘(G)(i) In addition to such other reviews of representa21 tive payees as the Commissioner of Social Security may 

22 otherwise conduct, the Commissioner shall provide for the 

23 periodic onsite review of any person or agency that receives 

24 the benefits payable under this title (alone or in combina25 tion with benefits payable under title II or title VIII) to 
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1 another individual pursuant to the appointment of the per2 son or agency as a representative payee under this para3 graph, section 205(j), or section 807 in any case in which—

4 ‘‘(I) the representative payee is a person who 

5 serves in that capacity with respect to 15 or more 

6 such individuals; 

7 ‘‘(II) the representative payee is a certified com8 munity-based nonprofit social service agency (as de9 fined in subparagraph (I) of this paragraph or sec10 tion 205(j)(9)); or 

11 ‘‘(III) the representative payee is an agency 

12 (other than an agency described in subclause (II)) 

13 that serves in that capacity with respect to 50 or 

14 more such individuals. 

15 ‘‘(ii) Within 120 days after the end of each fiscal year, 

16 the Commissioner shall submit to the Committee on Ways 

17 and Means of the House of Representatives and the Com18 mittee on Finance of the Senate a report on the results of 

19 periodic onsite reviews conducted during the fiscal year 

20 pursuant to clause (i) and of any other reviews of represent21 ative payees conducted during such fiscal year in connec22 tion with benefits under this title. Each such report shall 

23 describe in detail all problems identified in the reviews and 

24 any corrective action taken or planned to be taken to correct 

25 the problems, and shall include—
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1 ‘‘(I) the number of the reviews; 

2 ‘‘(II) the results of such reviews; 

3 ‘‘(III) the number of cases in which the rep4 resentative payee was changed and why; 

5 ‘‘(IV) the number of cases involving the exercise 

6 of expedited, targeted oversight of the representative 

7 payee by the Commissioner conducted upon receipt of 

8 an allegation of misuse of funds, failure to pay a ven9 dor, or a similar irregularity; 

10 ‘‘(V) the number of cases discovered in which 

11 there was a misuse of funds; 

12 ‘‘(VI) how any such cases of misuse of funds were 

13 dealt with by the Commissioner; 

14 ‘‘(VII) the final disposition of such cases of mis15 use of funds, including any criminal penalties im16 posed; and 

17 ‘‘(VIII) such other information as the Commis18 sioner deems appropriate.’’.
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1 SEC. 103. DISQUALIFICATION FROM SERVICE AS REP2 RESENTATIVE PAYEE OF PERSONS CON3 VICTED OF OFFENSES RESULTING IN IMPRIS4 ONMENT FOR MORE THAN 1 YEAR OR FLEE5 ING PROSECUTION, CUSTODY, OR CONFINE6 MENT. 

7 (a) TITLE II AMENDMENTS.—Section 205(j)(2) of the 

8 Social Security Act (42 U.S.C. 405(j)(2)) is amended—

9 (1) in subparagraph (B)(i)—

10 (A) by striking ‘‘and’’ at the end of sub11 clause (III); 

12 (B) by redesignating subclause (IV) as sub13 clause (VI); and 

14 (C) by inserting after subclause (III) the 

15 following new subclauses: 

16 ‘‘(IV) obtain information concerning whether 

17 such person has been convicted of any other offense 

18 under Federal or State law which resulted in impris19 onment for more than 1 year, 

20 ‘‘(V) obtain information concerning whether such 

21 person is a person described in section 

22 202(x)(1)(A)(iv), and’’; 

23 (2) in subparagraph (B), by adding at the end 

24 the following new clause: 

25 ‘‘(iii) Notwithstanding the provisions of section 552a 

26 of title 5, United States Code, or any other provision of 
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1 Federal or State law (other than section 6103 of the Inter2 nal Revenue Code of 1986 and section 1106(c) of this Act), 

3 the Commissioner shall furnish any Federal, State, or local 

4 law enforcement officer, upon the written request of the offi5 cer, with the current address, social security account num6 ber, and photograph (if applicable) of any person inves7 tigated under this paragraph, if the officer furnishes the 

8 Commissioner with the name of such person and such other 

9 identifying information as may reasonably be required by 

10 the Commissioner to establish the unique identity of such 

11 person, and notifies the Commissioner that—

12 ‘‘(I) such person is described in section 

13 202(x)(1)(A)(iv), 

14 ‘‘(II) such person has information that is nec15 essary for the officer to conduct the officer’s official 

16 duties, and 

17 ‘‘(III) the location or apprehension of such per18 son is within the officer’s official duties.’’; 

19 (3) in subparagraph (C)(i)(II), by striking ‘‘sub20 paragraph (B)(i)(IV),,’’ and inserting ‘‘subparagraph 

21 (B)(i)(VI)’’ and striking ‘‘section 

22 1631(a)(2)(B)(ii)(IV)’’ and inserting ‘‘section 

23 1631(a)(2)(B)(ii)(VI)’’; and 

24 (4) in subparagraph (C)(i)—
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1 (A) by striking ‘‘or’’ at the end of subclause 

2 (II); 

3 (B) by striking the period at the end of sub4 clause (III) and inserting a comma; and 

5 (C) by adding at the end the following new 

6 subclauses: 

7 ‘‘(IV) such person has previously been convicted 

8 as described in subparagraph (B)(i)(IV), unless the 

9 Commissioner determines that such certification 

10 would be appropriate notwithstanding such convic11 tion, or 

12 ‘‘(V) such person is person described in section 

13 202(x)(1)(A)(iv).’’. 

14 (b) TITLE VIII AMENDMENTS.—Section 807 of such 

15 Act (42 U.S.C. 1007) is amended—

16 (1) in subsection (b)(2)—

17 (A) by striking ‘‘and’’ at the end of sub18 paragraph (C); 

19 (B) by redesignating subparagraph (D) as 

20 subparagraph (F); and 

21 (C) by inserting after subparagraph (C) the 

22 following new subparagraphs: 

23 ‘‘(D) obtain information concerning whether 

24 such person has been convicted of any other of-
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1 fense under Federal or State law which resulted 

2 in imprisonment for more than 1 year; 

3 ‘‘(E) obtain information concerning whether 

4 such person is a person described in section 

5 804(a)(2); and’’; 

6 (2) in subsection (b), by adding at the end the 

7 following new paragraph: 

8 ‘‘(3) Notwithstanding the provisions of section 

9 552a of title 5, United States Code, or any other pro10 vision of Federal or State law (other than section 

11 6103 of the Internal Revenue Code of 1986 and sec12 tion 1106(c) of this Act), the Commissioner shall fur13 nish any Federal, State, or local law enforcement offi14 cer, upon the written request of the officer, with the 

15 current address, social security account number, and 

16 photograph (if applicable) of any person investigated 

17 under this subsection, if the officer furnishes the Com18 missioner with the name of such person and such 

19 other identifying information as may reasonably be 

20 required by the Commissioner to establish the unique 

21 identity of such person, and notifies the Commis22 sioner that—

23 ‘‘(A) such person is described in section 

24 804(a)(2), 
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1 ‘‘(B) such person has information that is 

2 necessary for the officer to conduct the officer’s 

3 official duties, and 

4 ‘‘(C) the location or apprehension of such 

5 person is within the officer’s official duties.’’; 

6 and 

7 (3) in subsection (d)(1)—

8 (A) by striking ‘‘or’’ at the end of subpara9 graph (B); 

10 (B) by striking the period at the end of sub11 paragraph (C) and inserting a semicolon; and 

12 (C) by adding at the end the following new 

13 subparagraphs: 

14 ‘‘(D) such person has previously been con15 victed as described in subsection (b)(2)(D), un16 less the Commissioner determines that such pay17 ment would be appropriate notwithstanding such 

18 conviction; or 

19 ‘‘(E) such person is a person described in 

20 section 804(a)(2).’’. 

21 (c) TITLE XVI AMENDMENTS.—Section 1631(a)(2)(B) 

22 of such Act (42 U.S.C. 1383(a)(2)(B)) is amended—

23 (1) in clause (ii)—

24 (A) by striking ‘‘and’’ at the end of sub25 clause (III);
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1 (B) by redesignating subclause (IV) as sub2 clause (VI); and 

3 (C) by inserting after subclause (III) the 

4 following new subclauses: 

5 ‘‘(IV) obtain information concerning whether the 

6 person has been convicted of any other offense under 

7 Federal or State law which resulted in imprisonment 

8 for more than 1 year; 

9 ‘‘(V) obtain information concerning whether such 

10 person is a person described in section 1611(e)(4)(A); 

11 and’’; 

12 (2) in clause (iii)(II)—

13 (A) by striking ‘‘clause (ii)(IV)’’ and insert14 ing ‘‘clause (ii)(VI)’’; and 

15 (B) by striking ‘‘section 

16 205(j)(2)(B)(i)(IV)’’ and inserting ‘‘section 

17 205(j)(2)(B)(i)(VI)’’; 

18 (3) in clause (iii)—

19 (A) by striking ‘‘or’’ at the end of subclause 

20 (II); 

21 (B) by striking the period at the end of sub22 clause (III) and inserting a semicolon; and 

23 (C) by adding at the end the following new 

24 subclauses: 
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1 ‘‘(IV) the person has previously been convicted as 

2 described in clause (ii)(IV) of this subparagraph, un3 less the Commissioner determines that the payment 

4 would be appropriate notwithstanding the conviction; 

5 or 

6 ‘‘(V) such person is a person described in section 

7 1611(e)(4)(A).’’; and 

8 (4) by adding at the end the following new 

9 clause: 

10 ‘‘(xiv) Notwithstanding the provisions of section 552a 

11 of title 5, United States Code, or any other provision of 

12 Federal or State law (other than section 6103 of the Inter13 nal Revenue Code of 1986 and section 1106(c) of this Act), 

14 the Commissioner shall furnish any Federal, State, or local 

15 law enforcement officer, upon the written request of the offi16 cer, with the current address, social security account num17 ber, and photograph (if applicable) of any person inves18 tigated under this subparagraph, if the officer furnishes the 

19 Commissioner with the name of such person and such other 

20 identifying information as may reasonably be required by 

21 the Commissioner to establish the unique identity of such 

22 person, and notifies the Commissioner that—

23 ‘‘(I) such person is described in section 

24 1611(e)(4)(A), 
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1 ‘‘(II) such person has information that is nec2 essary for the officer to conduct the officer’s official 

3 duties, and 

4 ‘‘(III) the location or apprehension of such per5 son is within the officer’s official duties.’’. 

6 (d) EFFECTIVE DATE.—The amendments made by this 

7 section shall take effect on the first day of the thirteenth 

8 month beginning after the date of the enactment of this Act. 

9 (e) REPORT TO THE CONGRESS.—The Commissioner 

10 of Social Security, in consultation with the Inspector Gen11 eral of the Social Security Administration, shall prepare 

12 a report evaluating whether the existing procedures and re13 views for the qualification (including disqualification) of 

14 representative payees are sufficient to enable the Commis15 sioner to protect benefits from being misused by representa16 tive payees. The Commissioner shall submit the report to 

17 the Committee on Ways and Means of the House of Rep18 resentatives and the Committee on Finance of the Senate 

19 no later than 270 days after the date of the enactment of 

20 this Act. The Commissioner shall include in such report any 

21 recommendations that the Commissioner considers appro22 priate. 
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1 SEC. 104. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY 

2 REPRESENTATIVE PAYEES. 

3 (a) TITLE II AMENDMENTS.—Section 205(j)(4)(A)(i) 

4 of the Social Security Act (42 U.S.C. 405(j)(4)(A)(i)) is 

5 amended—

6 (1) in the first sentence, by striking ‘‘A’’ and in7 serting ‘‘Except as provided in the next sentence, a’’; 

8 and 

9 (2) in the second sentence, by striking ‘‘The Sec10 retary’’ and inserting the following: 

11 ‘‘A qualified organization may not collect a fee from an 

12 individual for any month with respect to which the Com13 missioner of Social Security or a court of competent juris14 diction has determined that the organization misused all 

15 or part of the individual’s benefit, and any amount so col16 lected by the qualified organization for such month shall 

17 be treated as a misused part of the individual’s benefit for 

18 purposes of paragraphs (5) and (6). The Commissioner’’. 

19 (b) TITLE XVI AMENDMENTS.—Section 

20 1631(a)(2)(D)(i) of such Act (42 U.S.C. 1383(a)(2)(D)(i)) 

21 is amended—

22 (1) in the first sentence, by striking ‘‘A’’ and in23 serting ‘‘Except as provided in the next sentence, a’’; 

24 and 

25 (2) in the second sentence, by striking ‘‘The 

26 Commissioner’’ and inserting the following: ‘‘A quali-
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1 fied organization may not collect a fee from an indi2 vidual for any month with respect to which the Com3 missioner of Social Security or a court of competent 

4 jurisdiction has determined that the organization 

5 misused all or part of the individual’s benefit, and 

6 any amount so collected by the qualified organization 

7 for such month shall be treated as a misused part of 

8 the individual’s benefit for purposes of subparagraphs 

9 (E) and (F). The Commissioner’’. 

10 (c) EFFECTIVE DATE.—The amendments made by this 

11 section shall apply to any month involving benefit misuse 

12 by a representative payee in any case with respect to which 

13 the Commissioner of Social Security or a court of competent 

14 jurisdiction makes the determination of misuse after 180 

15 days after the date of the enactment of this Act. 

16 SEC. 105. LIABILITY OF REPRESENTATIVE PAYEES FOR MIS17 USED BENEFITS. 

18 (a) TITLE II AMENDMENTS.—Section 205(j) of the So19 cial Security Act (42 U.S.C. 405(j)) (as amended by sec20 tions 101 and 102) is amended further—

21 (1) by redesignating paragraphs (7), (8), and (9) 

22 as paragraphs (8), (9), and (10), respectively; 

23 (2) in paragraphs (2)(C)(v), (3)(F), and (4)(B), 

24 by striking ‘‘paragraph (9)’’ and inserting ‘‘para25 graph (10)’’;
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1 (3) in paragraph (6)(A)(ii), by striking ‘‘para2 graph (9)’’ and inserting ‘‘paragraph (10)’’; and 

3 (4) by inserting after paragraph (6) the fol4 lowing new paragraph: 

5 ‘‘(7)(A) If the Commissioner of Social Security or a 

6 court of competent jurisdiction determines that a represent7 ative payee that is not a Federal, State, or local government 

8 agency has misused all or part of an individual’s benefit 

9 that was paid to such representative payee under this sub10 section, the representative payee shall be liable for the 

11 amount misused, and such amount (to the extent not repaid 

12 by the representative payee) shall be treated as an overpay13 ment of benefits under this title to the representative payee 

14 for all purposes of this Act and related laws pertaining to 

15 the recovery of such overpayments. Subject to subparagraph 

16 (B), upon recovering all or any part of such amount, the 

17 Commissioner shall certify an amount equal to the recov18 ered amount for payment to such individual or such indi19 vidual’s alternative representative payee. 

20 ‘‘(B) The total of the amount certified for payment to 

21 such individual or such individual’s alternative representa22 tive payee under subparagraph (A) and the amount cer23 tified for payment under paragraph (5) may not exceed the 

24 total benefit amount misused by the representative payee 

25 with respect to such individual.’’. 
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1 (b) TITLE VIII AMENDMENT.—Section 807 of such Act 

2 (as amended by section 102(b)(2)) is amended further by 

3 adding at the end the following new subsection: 

4 ‘‘(l) LIABILITY FOR MISUSED AMOUNTS.—

5 ‘‘(1) IN GENERAL.—If the Commissioner of So6 cial Security or a court of competent jurisdiction de7 termines that a representative payee that is not a 

8 Federal, State, or local government agency has mis9 used all or part of a qualified individual’s benefit 

10 that was paid to such representative payee under this 

11 section, the representative payee shall be liable for the 

12 amount misused, and such amount (to the extent not 

13 repaid by the representative payee) shall be treated as 

14 an overpayment of benefits under this title to the rep15 resentative payee for all purposes of this Act and re16 lated laws pertaining to the recovery of such overpay17 ments. Subject to paragraph (2), upon recovering all 

18 or any part of such amount, the Commissioner shall 

19 make payment of an amount equal to the recovered 

20 amount to such qualified individual or such qualified 

21 individual’s alternative representative payee. 

22 ‘‘(2) LIMITATION.—The total of the amount paid 

23 to such individual or such individual’s alternative 

24 representative payee under paragraph (1) and the 

25 amount paid under subsection (i) may not exceed the 
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1 total benefit amount misused by the representative 

2 payee with respect to such individual.’’. 

3 (c) TITLE XVI AMENDMENTS.—Section 1631(a)(2) of 

4 such Act (42 U.S.C. 1383(a)(2)) (as amended by section 

5 102(b)(3)) is amended further—

6 (1) in subparagraph (G)(i)(II), by striking ‘‘sec7 tion 205(j)(9)’’ and inserting ‘‘section 205(j)(10)’’; 

8 and 

9 (2) by striking subparagraph (H) and inserting 

10 the following: 

11 ‘‘(H)(i) If the Commissioner of Social Security or a 

12 court of competent jurisdiction determines that a represent13 ative payee that is not a Federal, State, or local government 

14 agency has misused all or part of an individual’s benefit 

15 that was paid to the representative payee under this para16 graph, the representative payee shall be liable for the 

17 amount misused, and the amount (to the extent not repaid 

18 by the representative payee) shall be treated as an overpay19 ment of benefits under this title to the representative payee 

20 for all purposes of this Act and related laws pertaining to 

21 the recovery of the overpayments. Subject to clause (ii), 

22 upon recovering all or any part of the amount, the Commis23 sioner shall make payment of an amount equal to the recov24 ered amount to such individual or such individual’s alter25 native representative payee. 
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1 ‘‘(ii) The total of the amount paid to such individual 

2 or such individual’s alternative representative payee under 

3 clause (i) and the amount paid under subparagraph (E) 

4 may not exceed the total benefit amount misused by the rep5 resentative payee with respect to such individual.’’. 

6 (d) EFFECTIVE DATE.—The amendments made by this 

7 section shall apply to benefit misuse by a representative 

8 payee in any case with respect to which the Commissioner 

9 of Social Security or a court of competent jurisdiction 

10 makes the determination of misuse after 180 days after the 

11 date of the enactment of this Act. 

12 SEC. 106. AUTHORITY TO REDIRECT DELIVERY OF BENEFIT 

13 PAYMENTS WHEN A REPRESENTATIVE PAYEE 

14 FAILS TO PROVIDE REQUIRED ACCOUNTING. 

15 (a) TITLE II AMENDMENTS.—Section 205(j)(3) of the 

16 Social Security Act (42 U.S.C. 405(j)(3)) (as amended by 

17 sections 102(a)(1)(B) and 105(a)(2)) is amended—

18 (1) by redesignating subparagraphs (E) and (F) 

19 as subparagraphs (F) and (G), respectively; and 

20 (2) by inserting after subparagraph (D) the fol21 lowing new subparagraph: 

22 ‘‘(E) In any case in which the person described in sub23 paragraph (A) or (D) receiving payments on behalf of an24 other fails to submit a report required by the Commissioner 

25 of Social Security under subparagraph (A) or (D), the 
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1 Commissioner may, after furnishing notice to such person 

2 and the individual entitled to such payment, require that 

3 such person appear in person at a field office of the Social 

4 Security Administration serving the area in which the indi5 vidual resides in order to receive such payments.’’.

6 (b) TITLE VIII AMENDMENTS.—Section 807(h) of such 

7 Act (42 U.S.C. 1007(h)) is amended—

8 (1) by redesignating paragraphs (3) and (4) as 

9 paragraphs (4) and (5), respectively; and 

10 (2) by inserting after paragraph (2) the fol11 lowing new paragraph: 

12 ‘‘(3) AUTHORITY TO REDIRECT DELIVERY OF

13 BENEFIT PAYMENTS WHEN A REPRESENTATIVE PAYEE

14 FAILS TO PROVIDE REQUIRED ACCOUNTING.—In any 

15 case in which the person described in paragraph (1) 

16 or (2) receiving benefit payments on behalf of a quali17 fied individual fails to submit a report required by 

18 the Commissioner of Social Security under paragraph 

19 (1) or (2), the Commissioner may, after furnishing 

20 notice to such person and the qualified individual, re21 quire that such person appear in person at a United 

22 States Government facility designated by the Social 

23 Security Administration as serving the area in which 

24 the qualified individual resides in order to receive 

25 such benefit payments.’’. 
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1 (c) TITLE XVI AMENDMENT.—Section 1631(a)(2)(C) 

2 of such Act (42 U.S.C. 1383(a)(2)(C)) is amended by add3 ing at the end the following new clause: 

4 ‘‘(v) In any case in which the person described in 

5 clause (i) or (iv) receiving payments on behalf of another 

6 fails to submit a report required by the Commissioner of 

7 Social Security under clause (i) or (iv), the Commissioner 

8 may, after furnishing notice to the person and the indi9 vidual entitled to the payment, require that such person ap10 pear in person at a field office of the Social Security Ad11 ministration serving the area in which the individual re12 sides in order to receive such payments.’’. 

13 (d) EFFECTIVE DATE.—The amendment made by this 

14 section shall take effect 180 days after the date of the enact15 ment of this Act. 

16 Subtitle B—Enforcement 

17 SEC. 111. CIVIL MONETARY PENALTY AUTHORITY WITH RE18 SPECT TO WRONGFUL CONVERSIONS BY REP19 RESENTATIVE PAYEES. 

20 (a) IN GENERAL.—Section 1129(a) of the Social Secu21 rity Act (42 U.S.C. 1320a–8) is amended by adding at the 

22 end the following new paragraph: 

23 ‘‘(3) Any person (including an organization, agency, 

24 or other entity) who, having received, while acting in the 

25 capacity of a representative payee pursuant to section 
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1 205(j), 807, or 1631(a)(2), a payment under title II, VIII, 

2 or XVI for the use and benefit of another individual, con3 verts such payment, or any part thereof, to a use that such 

4 person knows or should know is other than for the use and 

5 benefit of such other individual shall be subject to, in addi6 tion to any other penalties that may be prescribed by law, 

7 a civil money penalty of not more than $5,000 for each 

8 such conversion. Such person shall also be subject to an as9 sessment, in lieu of damages sustained by the United States 

10 resulting from the conversion, of not more than twice the 

11 amount of any payments so converted.’’. 

12 (b) EFFECTIVE DATE.—The amendment made by this 

13 section shall apply with respect to violations committed 

14 after the date of the enactment of this Act. 

15 TITLE II—PROGRAM 

16 PROTECTIONS 

17 SEC. 201. CIVIL MONETARY PENALTY AUTHORITY WITH RE18 SPECT TO KNOWING WITHHOLDING OF MATE19 RIAL FACTS. 

20 (a) TREATMENT OF WITHHOLDING OF MATERIAL

21 FACTS.—

22 (1) CIVIL PENALTIES.—Section 1129(a)(1) of the 

23 Social Security Act (42 U.S.C. 1320a–8(a)(1)) is 

24 amended—
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1 (A) by striking ‘‘who’’ in the first sentence 

2 and inserting ‘‘who—’’; 

3 (B) by striking ‘‘makes’’ in the first sen4 tence and all that follows through ‘‘shall be sub5 ject to,’’ and inserting the following: 

6 ‘‘(A) makes, or causes to be made, a statement or 

7 representation of a material fact, for use in deter8 mining any initial or continuing right to or the 

9 amount of monthly insurance benefits under title II 

10 or benefits or payments under title VIII or XVI, that 

11 the person knows or should know is false or mis12 leading, 

13 ‘‘(B) makes such a statement or representation 

14 for such use with knowing disregard for the truth, or 

15 ‘‘(C) omits from a statement or representation 

16 for such use, or otherwise withholds disclosure of, a 

17 fact which the person knows or should know is mate18 rial to the determination of any initial or continuing 

19 right to or the amount of monthly insurance benefits 

20 under title II or benefits or payments under title VIII 

21 or XVI, if the person knows, or should know, that the 

22 statement or representation with such omission is 

23 false or misleading or that the withholding of such 

24 disclosure is misleading, 

25 shall be subject to,’’; 
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1 (C) by inserting ‘‘or each receipt of such 

2 benefits or payments while withholding disclo3 sure of such fact’’ after ‘‘each such statement or 

4 representation’’ in the first sentence; 

5 (D) by inserting ‘‘or because of such with6 holding of disclosure of a material fact’’ after 

7 ‘‘because of such statement or representation’’ in 

8 the second sentence; and 

9 (E) by inserting ‘‘or such a withholding of 

10 disclosure’’ after ‘‘such a statement or represen11 tation’’ in the second sentence. 

12 (2) ADMINISTRATIVE PROCEDURE FOR IMPOSING

13 PENALTIES.—Section 1129A(a) of such Act (42 

14 U.S.C. 1320a–8a(a)) is amended—

15 (A) by striking ‘‘who’’ the first place it ap16 pears and inserting ‘‘who—’’; and 

17 (B) by striking ‘‘makes’’ and all that follows 

18 through ‘‘shall be subject to,’’ and inserting the 

19 following: 

20 ‘‘(1) makes, or causes to be made, a statement or 

21 representation of a material fact, for use in deter22 mining any initial or continuing right to or the 

23 amount of monthly insurance benefits under title II 

24 or benefits or payments under title XVI that the per25 son knows or should know is false or misleading, 
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1 ‘‘(2) makes such a statement or representation 

2 for such use with knowing disregard for the truth, or 

3 ‘‘(3) omits from a statement or representation for 

4 such use, or otherwise withholds disclosure of, a fact 

5 which the person knows or should know is material 

6 to the determination of any initial or continuing 

7 right to or the amount of monthly insurance benefits 

8 under title II or benefits or payments under title XVI, 

9 if the person knows, or should know, that the state10 ment or representation with such omission is false or 

11 misleading or that the withholding of such disclosure 

12 is misleading, 

13 shall be subject to,’’. 

14 (b) CLARIFICATION OF TREATMENT OF RECOVERED

15 AMOUNTS.—Section 1129(e)(2)(B) of such Act (42 

16 U.S.C. 1320a–8(e)(2)(B)) is amended by striking ‘‘In the 

17 case of amounts recovered arising out of a determination 

18 relating to title VIII or XVI,’’ and inserting ‘‘In the case 

19 of any other amounts recovered under this section,’’. 

20 (c) CONFORMING AMENDMENTS.—

21 (1) Section 1129(b)(3)(A) of such Act (42 

22 U.S.C. 1320a–8(b)(3)(A)) is amended by striking 

23 ‘‘charging fraud or false statements’’. 

24 (2) Section 1129(c)(1) of such Act (42 

25 U.S.C. 1320a–8(c)(1)) is amended by striking ‘‘and
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1 representations’’ and inserting ‘‘, representations, or 

2 actions’’. 

3 (3) Section 1129(e)(1)(A) of such Act (42 

4 U.S.C. 1320a–8(e)(1)(A)) is amended by striking 

5 ‘‘statement or representation referred to in subsection 

6 (a) was made’’ and inserting ‘‘violation occurred’’. 

7 (d) EFFECTIVE DATE.—The amendments made by this 

8 section shall apply with respect to violations committed 

9 after the date on which the Commissioner implements the 

10 centralized computer file described in section 202. 

11 SEC. 202. ISSUANCE BY COMMISSIONER OF SOCIAL SECU12 RITY OF RECEIPTS TO ACKNOWLEDGE SUB13 MISSION OF REPORTS OF CHANGES IN WORK 

14 OR EARNINGS STATUS OF DISABLED BENE15 FICIARIES. 

16 Effective as soon as possible, but not later than 1 year 

17 after the date of the enactment of this Act, until such time 

18 as the Commissioner of Social Security implements a cen19 tralized computer file recording the date of the submission 

20 of information by a disabled beneficiary (or representative) 

21 regarding a change in the beneficiary’s work or earnings 

22 status, the Commissioner shall issue a receipt to the disabled 

23 beneficiary (or representative) each time he or she submits 

24 documentation, or otherwise reports to the Commissioner, 

25 on a change in such status. 
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1 SEC. 203. DENIAL OF TITLE II BENEFITS TO PERSONS FLEE2 ING PROSECUTION, CUSTODY, OR CONFINE3 MENT, AND TO PERSONS VIOLATING PROBA4 TION OR PAROLE. 

5 (a) IN GENERAL.—Section 202(x) of the Social Secu6 rity Act (42 U.S.C. 402(x)) is amended—

7 (1) in the heading, by striking ‘‘Prisoners’’ and 

8 all that follows and inserting the following: ‘‘Pris9 oners, Certain Other Inmates of Publicly Funded In10 stitutions, Fugitives, Probationers, and Parolees’’; 

11 (2) in paragraph (1)(A)(ii)(IV), by striking ‘‘or’’ 

12 at the end; 

13 (3) in paragraph (1)(A)(iii), by striking the pe14 riod at the end and inserting a comma; 

15 (4) by inserting after paragraph (1)(A)(iii) the 

16 following: 

17 ‘‘(iv) is fleeing to avoid prosecution, or custody 

18 or confinement after conviction, under the laws of the 

19 place from which the person flees, for a crime, or an 

20 attempt to commit a crime, which is a felony under 

21 the laws of the place from which the person flees, or 

22 which, in the case of the State of New Jersey, is a 

23 high misdemeanor under the laws of such State, or 

24 ‘‘(v) is violating a condition of probation or pa25 role imposed under Federal or State law. 
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1 In the case of an individual from whom such monthly bene2 fits have been withheld pursuant to clause (iv) or (v), the 

3 Commissioner may, for good cause shown, pay such with4 held benefits to the individual.’’; and 

5 (5) in paragraph (3), by adding at the end the 

6 following new subparagraph: 

7 ‘‘(C) Notwithstanding the provisions of section 552a 

8 of title 5, United States Code, or any other provision of 

9 Federal or State law (other than section 6103 of the Inter10 nal Revenue Code of 1986 and section 1106(c) of this Act), 

11 the Commissioner shall furnish any Federal, State, or local 

12 law enforcement officer, upon the written request of the offi13 cer, with the current address, Social Security number, and 

14 photograph (if applicable) of any beneficiary under this 

15 title, if the officer furnishes the Commissioner with the 

16 name of the beneficiary, and other identifying information 

17 as reasonably required by the Commissioner to establish the 

18 unique identity of the beneficiary, and notifies the Commis19 sioner that—

20 ‘‘(i) the beneficiary—

21 ‘‘(I) is described in clause (iv) or (v) of 

22 paragraph (1)(A); and 

23 ‘‘(II) has information that is necessary for 

24 the officer to conduct the officer’s official duties; 

25 and
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1 ‘‘(ii) the location or apprehension of the bene2 ficiary is within the officer’s official duties.’’. 

3 (b) REGULATIONS.—Not later than the first day of the 

4 first month that begins on or after the date that is 9 months 

5 after the date of the enactment of this Act, the Commissioner 

6 of Social Security shall promulgate regulations governing 

7 payment by the Commissioner, for good cause shown, of 

8 withheld benefits, pursuant to the last sentence of section 

9 202(x)(1)(A) of the Social Security Act (as amended by sub10 section (a)). 

11 (c) EFFECTIVE DATE.—The amendments made by sub12 section (a) shall take effect on the first day of the first 

13 month that begins on or after the date that is 9 months 

14 after the date of the enactment of this Act. 

15 SEC. 204. REQUIREMENTS RELATING TO OFFERS TO PRO16 VIDE FOR A FEE A PRODUCT OR SERVICE 

17 AVAILABLE WITHOUT CHARGE FROM THE SO18 CIAL SECURITY ADMINISTRATION. 

19 (a) IN GENERAL.—Section 1140 of the Social Security 

20 Act (42 U.S.C. 1320b–10) is amended—

21 (1) in subsection (a), by adding at the end the 

22 following new paragraph: 

23 ‘‘(4)(A) No person shall offer, for a fee, to assist an 

24 individual to obtain a product or service that the person 

25 knows or should know is provided free of charge by the So-
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1 cial Security Administration unless, at the time the offer 

2 is made, the person provides to the individual to whom the 

3 offer is tendered a notice that—

4 ‘‘(i) explains that the product or service is avail5 able free of charge from the Social Security Adminis6 tration, and 

7 ‘‘(ii) complies with standards prescribed by the 

8 Commissioner of Social Security respecting the con9 tent of such notice and its placement, visibility, and 

10 legibility. 

11 ‘‘(B) Subparagraph (A) shall not apply to any offer—

12 ‘‘(i) to serve as a claimant representative in con13 nection with a claim arising under title II, title VIII, 

14 or title XVI; or 

15 ‘‘(ii) to prepare, or assist in the preparation of, 

16 an individual’s plan for achieving self-support under 

17 title XVI.’’; and 

18 (2) in the heading, by striking ‘‘PROHIBITION OF

19 MISUSE OF SYMBOLS, EMBLEMS, OR NAMES IN REF20 ERENCE’’ and inserting ‘‘PROHIBITIONS RELATING TO

21 REFERENCES’’. 

22 (b) EFFECTIVE DATE.—The amendments made by this 

23 section shall apply to offers of assistance made after the 

24 sixth month ending after the Commissioner of Social Secu25 rity promulgates final regulations prescribing the stand-
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1 ards applicable to the notice required to be provided in con2 nection with such offer. The Commissioner shall promul3 gate such final regulations within 1 year after the date of 

4 the enactment of this Act. 

5 SEC. 205. REFUSAL TO RECOGNIZE CERTAIN INDIVIDUALS 

6 AS CLAIMANT REPRESENTATIVES. 

7 Section 206(a)(1) of the Social Security Act (42 

8 U.S.C. 406(a)(1)) is amended by inserting after the second 

9 sentence the following: ‘‘Notwithstanding the preceding sen10 tences, the Commissioner, after due notice and opportunity 

11 for hearing, (A) may refuse to recognize as a representative, 

12 and may disqualify a representative already recognized, 

13 any attorney who has been disbarred or suspended from any 

14 court or bar to which he or she was previously admitted 

15 to practice or who has been disqualified from participating 

16 in or appearing before any Federal program or agency, and 

17 (B) may refuse to recognize, and may disqualify, as a non18 attorney representative any attorney who has been dis19 barred or suspended from any court or bar to which he or 

20 she was previously admitted to practice. A representative 

21 who has been disqualified or suspended pursuant to this sec22 tion from appearing before the Social Security Administra23 tion as a result of collecting or receiving a fee in excess 

24 of the amount authorized shall be barred from appearing 

25 before the Social Security Administration as a representa-
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1 tive until full restitution is made to the claimant and, 

2 thereafter, may be considered for reinstatement only under 

3 such rules as the Commissioner may prescribe.’’. 

4 SEC. 206. PENALTY FOR CORRUPT OR FORCIBLE INTER5 FERENCE WITH ADMINISTRATION OF SOCIAL 

6 SECURITY ACT. 

7 Part A of title XI of the Social Security Act (42 

8 U.S.C. 1301 et seq.) is amended by inserting after section 

9 1129A the following new section: 

10 ‘‘ATTEMPTS TO INTERFERE WITH ADMINISTRATION OF

11 SOCIAL SECURITY ACT

12 ‘‘SEC. 1129B. Whoever corruptly or by force or threats 

13 of force (including any threatening letter or communica14 tion) attempts to intimidate or impede any officer, em15 ployee, or contractor of the Social Security Administration 

16 (including any State employee of a disability determina17 tion service or any other individual designated by the Com18 missioner of Social Security) acting in an official capacity 

19 to carry out a duty under this Act, or in any other way 

20 corruptly or by force or threats of force (including any 

21 threatening letter or communication) obstructs or impedes, 

22 or attempts to obstruct or impede, the due administration 

23 of this Act, shall be fined not more than $5,000, imprisoned 

24 not more than 3 years, or both, except that if the offense 

25 is committed only by threats of force, the person shall be 

26 fined not more than $3,000, imprisoned not more than 1 
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1 year, or both. In this subsection, the term ‘threats of force’ 

2 means threats of harm to the officer or employee of the 

3 United States or to a contractor of the Social Security Ad4 ministration, or to a member of the family of such an officer 

5 or employee or contractor.’’. 

6 SEC. 207. USE OF SYMBOLS, EMBLEMS, OR NAMES IN REF7 ERENCE TO SOCIAL SECURITY OR MEDICARE. 

8 (a) IN GENERAL.—Section 1140(a)(1) of the Social Se9 curity Act (42 U.S.C. 1320b–10(a)(1)) is amended—

10 (1) in subparagraph (A), by inserting ‘‘ ‘Centers 

11 for Medicare & Medicaid Services’,’’ after ‘‘ ‘Health 

12 Care Financing Administration’,’’, by striking ‘‘or 

13 ‘Medicaid’, ’’ and inserting ‘‘ ‘Medicaid’, ‘Death Ben14 efits Update’, ‘Federal Benefit Information’, ‘Funeral 

15 Expenses’, or ‘Final Supplemental Plan’,’’ and by in16 serting ‘‘ ‘CMS’,’’ after ‘‘ ‘HCFA’,’’; 

17 (2) in subparagraph (B), by inserting ‘‘Centers 

18 for Medicare & Medicaid Services,’’ after ‘‘Health 

19 Care Financing Administration,’’ each place it ap20 pears; and 

21 (3) in the matter following subparagraph (B), by 

22 striking ‘‘the Health Care Financing Administra23 tion,’’ each place it appears and inserting ‘‘the Cen24 ters for Medicare & Medicaid Services,’’.
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1 (b) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply to items sent after 180 days after the 

3 date of the enactment of this Act. 

4 SEC. 208. DISQUALIFICATION FROM PAYMENT DURING 

5 TRIAL WORK PERIOD UPON CONVICTION OF 

6 FRAUDULENT CONCEALMENT OF WORK AC7 TIVITY. 

8 (a) IN GENERAL.—Section 222(c) of the Social Secu9 rity Act (42 U.S.C. 422(c)) is amended by adding at the 

10 end the following new paragraph: 

11 ‘‘(5) Upon conviction by a Federal court that an indi12 vidual has fraudulently concealed work activity during a 

13 period of trial work from the Commissioner of Social Secu14 rity by—

15 ‘‘(A) providing false information to the Commis16 sioner of Social Security as to whether the individual 

17 had earnings in or for a particular period, or as to 

18 the amount thereof; 

19 ‘‘(B) receiving disability insurance benefits 

20 under this title while engaging in work activity under 

21 another identity, including under another social secu22 rity account number or a number purporting to be a 

23 social security account number; or 

24 ‘‘(C) taking other actions to conceal work activ25 ity with an intent fraudulently to secure payment in 
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1 a greater amount than is due or when no payment 

2 is authorized, 

3 no benefit shall be payable to such individual under this 

4 title with respect to a period of disability for any month 

5 before such conviction during which the individual rendered 

6 services during the period of trial work with respect to 

7 which the fraudulently concealed work activity occurred, 

8 and amounts otherwise due under this title as restitution, 

9 penalties, assessments, fines, or other repayments shall in 

10 all cases be in addition to any amounts for which such indi11 vidual is liable as overpayments by reason of such conceal12 ment.’’. 

13 (b) EFFECTIVE DATE.—The amendment made by sub14 section (a) shall apply with respect to work activity per15 formed after the date of the enactment of this Act. 

16 SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF RESTITU17 TION. 

18 (a) AMENDMENTS TO TITLE II.—Section 208 of the 

19 Social Security Act (42 U.S.C. 408) is amended—

20 (1) by redesignating subsections (b), (c), and (d) 

21 as subsections (c), (d), and (e), respectively; and 

22 (2) by inserting after subsection (a) the following 

23 new subsection: 

24 ‘‘(b)(1) Any Federal court, when sentencing a defend25 ant convicted of an offense under subsection (a), may order, 
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1 in addition to or in lieu of any other penalty authorized 

2 by law, that the defendant make restitution to the Social 

3 Security Administration. 

4 ‘‘(2) Sections 3612, 3663, and 3664 of title 18, United 

5 States Code, shall apply with respect to the issuance and 

6 enforcement of orders of restitution under this subsection. 

7 In so applying such sections, the Social Security Adminis8 tration shall be considered the victim. 

9 ‘‘(3) If the court does not order restitution, or orders 

10 only partial restitution, under this subsection, the court 

11 shall state on the record the reasons therefor.’’. 

12 (b) AMENDMENTS TO TITLE VIII.—Section 807(i) of 

13 such Act (42 U.S.C. 1007(i)) is amended—

14 (1) by striking ‘‘(i) RESTITUTION.—In any case 

15 where’’ and inserting the following: 

16 ‘‘(i) RESTITUTION.—

17 ‘‘(1) IN GENERAL.—In any case where’’; and 

18 (2) by adding at the end the following new para19 graph: 

20 ‘‘(2) COURT ORDER FOR RESTITUTION.—

21 ‘‘(A) IN GENERAL.—Any Federal court, 

22 when sentencing a defendant convicted of an of23 fense under subsection (a), may order, in addi24 tion to or in lieu of any other penalty authorized 
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1 by law, that the defendant make restitution to 

2 the Social Security Administration. 

3 ‘‘(B) RELATED PROVISIONS.—Sections 

4 3612, 3663, and 3664 of title 18, United States 

5 Code, shall apply with respect to the issuance 

6 and enforcement of orders of restitution under 

7 this paragraph. In so applying such sections, the 

8 Social Security Administration shall be consid9 ered the victim. 

10 ‘‘(C) STATED REASONS FOR NOT ORDERING

11 RESTITUTION.—If the court does not order res12 titution, or orders only partial restitution, under 

13 this paragraph, the court shall state on the 

14 record the reasons therefor.’’. 

15 (c) AMENDMENTS TO TITLE XVI.—Section 1632 of 

16 such Act (42 U.S.C. 1383a) is amended—

17 (1) by redesignating subsection (b) as subsection 

18 (c); and 

19 (2) by inserting after subsection (a) the following 

20 new subsection: 

21 ‘‘(b)(1) Any Federal court, when sentencing a defend22 ant convicted of an offense under subsection (a), may order, 

23 in addition to or in lieu of any other penalty authorized 

24 by law, that the defendant make restitution to the Social 

25 Security Administration. 
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1 ‘‘(2) Sections 3612, 3663, and 3664 of title 18, United 

2 States Code, shall apply with respect to the issuance and 

3 enforcement of orders of restitution under this subsection. 

4 In so applying such sections, the Social Security Adminis5 tration shall be considered the victim. 

6 ‘‘(3) If the court does not order restitution, or orders 

7 only partial restitution, under this subsection, the court 

8 shall state on the record the reasons therefor.’’. 

9 (d) SPECIAL ACCOUNT FOR RECEIPT OF RESTITUTION

10 PAYMENTS.—Section 704(b) of such Act (42 U.S.C. 904(b)) 

11 is amended by adding at the end the following new para12 graph: 

13 ‘‘(3)(A) Except as provided in subparagraph (B), 

14 amounts received by the Social Security Administration 

15 pursuant to an order of restitution under section 208(b), 

16 807(i), or 1632(b) shall be credited to a special fund estab17 lished in the Treasury of the United States for amounts so 

18 received or recovered. The amounts so credited, to the extent 

19 and in the amounts provided in advance in appropriations 

20 Acts, shall be available to defray expenses incurred in car21 rying out titles II, VIII, and XVI. 

22 ‘‘(B) Subparagraph (A) shall not apply with respect 

23 to amounts received in connection with misuse by a rep24 resentative payee (within the meaning of sections 205(j), 

25 807, and 1631(a)(2)) of funds paid as benefits under title
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1 II, VIII, or XVI. Such amounts received in connection with 

2 misuse of funds paid as benefits under title II shall be 

3 transferred to the Managing Trustee of the Federal Old-Age 

4 and Survivors Insurance Trust Fund or the Federal Dis5 ability Insurance Trust Fund, as determined appropriate 

6 by the Commissioner of Social Security, and such amounts 

7 shall be deposited by the Managing Trustee into such Trust 

8 Fund. All other such amounts shall be deposited by the 

9 Commissioner into the general fund of the Treasury as mis10 cellaneous receipts.’’. 

11 (e) EFFECTIVE DATE.—The amendments made by sub12 sections (a), (b), and (c) shall apply with respect to viola13 tions occurring on or after the date of the enactment of this 

14 Act. 

15 TITLE III—ATTORNEY FEE PAY16 MENT SYSTEM IMPROVE17 MENTS 

18 SEC. 301. CAP ON ATTORNEY ASSESSMENTS. 

19 (a) IN GENERAL.—Section 206(d)(2)(A) of the Social 

20 Security Act (42 U.S.C. 406(d)(2)(A)) is amended—

21 (1) by inserting ‘‘, except that the maximum 

22 amount of the assessment may not exceed the greater 

23 of $75 or the adjusted amount as provided pursuant 

24 to the following two sentences’’ after ‘‘subparagraph 

25 (B)’’; and 
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1 (2) by adding at the end the following new sen2 tence: ‘‘In the case of any calendar year beginning 

3 after the amendments made by section 301 of the So4 cial Security Protection Act of 2003 take effect, the 

5 dollar amount specified in the preceding sentence (in6 cluding a previously adjusted amount) shall be ad7 justed annually under the procedures used to adjust 

8 benefit amounts under section 215(i)(2)(A)(ii), except 

9 such adjustment shall be based on the higher of $75 

10 or the previously adjusted amount that would have 

11 been in effect for December of the preceding year, but 

12 for the rounding of such amount pursuant to the fol13 lowing sentence. Any amount so adjusted that is not 

14 a multiple of $1 shall be rounded to the next lowest 

15 multiple of $1, but in no case less than $75.’’. 

16 (b) EFFECTIVE DATE.—The amendments made by this 

17 section shall apply with respect to fees for representation 

18 of claimants which are first required to be certified or paid 

19 under section 206 of the Social Security Act on or after 

20 the first day of the first month that begins after 180 days 

21 after the date of the enactment of this Act. 

22 SEC. 302. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM 

23 TO TITLE XVI CLAIMS. 

24 (a) IN GENERAL.—Section 1631(d)(2) of the Social Se25 curity Act (42 U.S.C. 1383(d)(2)) is amended—
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1 (1) in subparagraph (A), in the matter preceding 

2 clause (i)—

3 (A) by striking ‘‘section 206(a)’’ and insert4 ing ‘‘section 206’’; 

5 (B) by striking ‘‘(other than paragraph (4) 

6 thereof)’’ and inserting ‘‘(other than subsections 

7 (a)(4) and (d) thereof)’’; and 

8 (C) by striking ‘‘paragraph (2) thereof’’ and 

9 inserting ‘‘such section’’; 

10 (2) in subparagraph (A)(i), by striking ‘‘in sub11 paragraphs (A)(ii)(I) and (C)(i),’’ and inserting ‘‘in 

12 subparagraphs (A)(ii)(I) and (D)(i) of subsection 

13 (a)(2)’’, and by striking ‘‘and’’ at the end; 

14 (3) by striking subparagraph (A)(ii) and insert15 ing the following: 

16 ‘‘(ii) by substituting, in subsections (a)(2)(B) 

17 and (b)(1)(B)(i), the phrase ‘section 1631(a)(7)(A) or 

18 the requirements of due process of law’ for the phrase 

19 ‘subsection (g) or (h) of section 223’; 

20 ‘‘(iii) by substituting, in subsection (a)(2)(C)(i), 

21 the phrase ‘under title II’ for the phrase ‘under title 

22 XVI’; 

23 ‘‘(iv) by substituting, in subsection (b)(1)(A), the 

24 phrase ‘pay the amount of such fee’ for the phrase 

25 ‘certify the amount of such fee for payment’ and by 
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1 striking, in subsection (b)(1)(A), the phrase ‘or cer2 tified for payment’; and 

3 ‘‘(v) by substituting, in subsection (b)(1)(B)(ii), 

4 the phrase ‘deemed to be such amounts as determined 

5 before any applicable reduction under section 1631(g), 

6 and reduced by the amount of any reduction in bene7 fits under this title or title II made pursuant to sec8 tion 1127(a)’ for the phrase ‘determined before any 

9 applicable reduction under section 1127(a))’.’’; and 

10 (4) by striking subparagraph (B) and inserting 

11 the following new subparagraphs: 

12 ‘‘(B) Subject to subparagraph (C), if the claimant is 

13 determined to be entitled to past-due benefits under this title 

14 and the person representing the claimant is an attorney, 

15 the Commissioner of Social Security shall pay out of such 

16 past-due benefits to such attorney an amount equal to the 

17 lesser of—

18 ‘‘(i) so much of the maximum fee as does not ex19 ceed 25 percent of such past-due benefits (as deter20 mined before any applicable reduction under section 

21 1631(g) and reduced by the amount of any reduction 

22 in benefits under this title or title II pursuant to sec23 tion 1127(a)), or 
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1 ‘‘(ii) the amount of past-due benefits available 

2 after any applicable reductions under sections 

3 1631(g) and 1127(a). 

4 ‘‘(C)(i) Whenever a fee for services is required to be 

5 paid to an attorney from a claimant’s past-due benefits 

6 pursuant to subparagraph (B), the Commissioner shall im7 pose on the attorney an assessment calculated in accordance 

8 with clause (ii). 

9 ‘‘(ii)(I) The amount of an assessment under clause (i) 

10 shall be equal to the product obtained by multiplying the 

11 amount of the representative’s fee that would be required 

12 to be paid by subparagraph (B) before the application of 

13 this subparagraph, by the percentage specified in subclause 

14 (II), except that the maximum amount of the assessment 

15 may not exceed $75. In the case of any calendar year begin16 ning after the amendments made by section 302 of the So17 cial Security Protection Act of 2003 take effect, the dollar 

18 amount specified in the preceding sentence (including a 

19 previously adjusted amount) shall be adjusted annually 

20 under the procedures used to adjust benefit amounts under 

21 section 215(i)(2)(A)(ii), except such adjustment shall be 

22 based on the higher of $75 or the previously adjusted 

23 amount that would have been in effect for December of the 

24 preceding year, but for the rounding of such amount pursu25 ant to the following sentence. Any amount so adjusted that
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1 is not a multiple of $1 shall be rounded to the next lowest 

2 multiple of $1, but in no case less than $75. 

3 ‘‘(II) The percentage specified in this subclause is such 

4 percentage rate as the Commissioner determines is nec5 essary in order to achieve full recovery of the costs of deter6 mining and approving fees to attorneys from the past-due 

7 benefits of claimants, but not in excess of 6.3 percent. 

8 ‘‘(iii) The Commissioner may collect the assessment 

9 imposed on an attorney under clause (i) by offset from the 

10 amount of the fee otherwise required by subparagraph (B) 

11 to be paid to the attorney from a claimant’s past-due bene12 fits. 

13 ‘‘(iv) An attorney subject to an assessment under 

14 clause (i) may not, directly or indirectly, request or other15 wise obtain reimbursement for such assessment from the 

16 claimant whose claim gave rise to the assessment. 

17 ‘‘(v) Assessments on attorneys collected under this sub18 paragraph shall be deposited in the Treasury in a separate 

19 fund created for this purpose. 

20 ‘‘(vi) The assessments authorized under this subpara21 graph shall be collected and available for obligation only 

22 to the extent and in the amount provided in advance in 

23 appropriations Acts. Amounts so appropriated are author24 ized to remain available until expended, for administrative 

25 expenses in carrying out this title and related laws.’’. 
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1 (b) EFFECTIVE DATE.—

2 (1) IN GENERAL.—The amendments made by 

3 this section shall apply with respect to fees for rep4 resentation of claimants which are first required to be 

5 certified or paid under section 1631(d)(2) of the So6 cial Security Act on or after the first day of the first 

7 month that begins after 270 days after the date of the 

8 enactment of this Act. 

9 (2) SUNSET.—Such amendments shall not apply 

10 with respect to fees for representation of claimants in 

11 the case of any claim for benefits with respect to 

12 which the agreement for representation is entered into 

13 after 5 years after the date on which the Commis14 sioner of Social Security first implements the amend15 ments made by this section. 

16 (c) STUDY REGARDING FEE-WITHHOLDING FOR NON17 ATTORNEY REPRESENTATIVES.—

18 (1) STUDY.—As soon as practicable after the 

19 date of the enactment of this Act, the Comptroller 

20 General of the United States shall undertake a study 

21 regarding fee-withholding for non-attorney representa22 tives representing claimants before the Social Security 

23 Administration. 
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1 (2) MATTERS TO BE STUDIED.—In conducting 

2 the study under this subsection, the Comptroller Gen3 eral shall—

4 (A) compare the non-attorney representa5 tives who seek fee approval for representing 

6 claimants before the Social Security Administra7 tion to attorney representatives who seek such fee 

8 approval, with regard to—

9 (i) their training, qualifications, and 

10 competency, 

11 (ii) the type and quality of services 

12 provided, and 

13 (iii) the extent to which claimants are 

14 protected through oversight of such rep15 resentatives by the Social Security Admin16 istration or other organizations, and 

17 (B) consider the potential results of extend18 ing to non-attorney representatives the fee with19 holding procedures that apply under titles II 

20 and XVI of the Social Security Act for the pay21 ment of attorney fees, including the effect on 

22 claimants and program administration. 

23 (3) REPORT.—Not later than 1 year after the 

24 date of the enactment of this Act, the Comptroller 

25 General shall submit to the Committee on Ways and 
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1 Means of the House of Representatives and the Com2 mittee on Finance of the Senate a report detailing the 

3 results of the Comptroller General’s study conducted 

4 pursuant to this subsection. 

5 TITLE IV—MISCELLANEOUS AND 

6 TECHNICAL AMENDMENTS 

7 Subtitle A—Amendments Relating 

8 to the Ticket to Work and Work 

9 Incentives Improvement Act of 

10 1999

11 SEC. 401. APPLICATION OF DEMONSTRATION AUTHORITY 

12 SUNSET DATE TO NEW PROJECTS. 

13 Section 234 of the Social Security Act (42 U.S.C. 434) 

14 is amended—

15 (1) in the first sentence of subsection (c), by 

16 striking ‘‘conducted under subsection (a)’’ and insert17 ing ‘‘initiated under subsection (a) on or before De18 cember 17, 2004’’; and 

19 (2) in subsection (d)(2), by amending the first 

20 sentence to read as follows: ‘‘The authority to initiate 

21 projects under the preceding provisions of this section 

22 shall terminate on December 18, 2004.’’.
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1 SEC. 402. EXPANSION OF WAIVER AUTHORITY AVAILABLE 

2 IN CONNECTION WITH DEMONSTRATION 

3 PROJECTS PROVIDING FOR REDUCTIONS IN 

4 DISABILITY INSURANCE BENEFITS BASED ON 

5 EARNINGS. 

6 Section 302(c) of the Ticket to Work and Work Incen7 tives Improvement Act of 1999 (42 U.S.C. 434 note) is 

8 amended by striking ‘‘(42 U.S.C. 401 et seq.),’’ and insert9 ing ‘‘(42 U.S.C. 401 et seq.) and the requirements of section 

10 1148 of such Act (42 U.S.C. 1320b–19) as they relate to 

11 the program established under title II of such Act,’’. 

12 SEC. 403. FUNDING OF DEMONSTRATION PROJECTS PRO13 VIDED FOR REDUCTIONS IN DISABILITY IN14 SURANCE BENEFITS BASED ON EARNINGS. 

15 Section 302(f) of the Ticket to Work and Work Incen16 tives Improvement Act of 1999 (42 U.S.C. 434 note) is 

17 amended to read as follows: 

18 ‘‘(f) EXPENDITURES.—Administrative expenses for 

19 demonstration projects under this section shall be paid from 

20 funds available for the administration of title II or XVIII 

21 of the Social Security Act, as appropriate. Benefits payable 

22 to or on behalf of individuals by reason of participation 

23 in projects under this section shall be made from the Federal 

24 Disability Insurance Trust Fund and the Federal Old-Age 

25 and Survivors Insurance Trust Fund, as determined appro26 priate by the Commissioner of Social Security, and from 
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1 the Federal Hospital Insurance Trust Fund and the Federal 

2 Supplementary Medical Insurance Trust Fund, as deter3 mined appropriate by the Secretary of Health and Human 

4 Services, from funds available for benefits under such title 

5 II or XVIII.’’. 

6 SEC. 404. AVAILABILITY OF FEDERAL AND STATE WORK IN7 CENTIVE SERVICES TO ADDITIONAL INDIVID8 UALS. 

9 (a) FEDERAL WORK INCENTIVES OUTREACH PRO10 GRAM.—

11 (1) IN GENERAL.—Section 1149(c)(2) of the So12 cial Security Act (42 U.S.C. 1320b–20(c)(2)) is 

13 amended to read as follows: 

14 ‘‘(2) DISABLED BENEFICIARY.—The term ‘dis15 abled beneficiary’ means an individual—

16 ‘‘(A) who is a disabled beneficiary as de17 fined in section 1148(k)(2) of this Act; 

18 ‘‘(B) who is receiving a cash payment de19 scribed in section 1616(a) of this Act or a sup20 plementary payment described in section 

21 212(a)(3) of Public Law 93–66 (without regard 

22 to whether such payment is paid by the Commis23 sioner pursuant to an agreement under section 

24 1616(a) of this Act or under section 212(b) of 

25 Public Law 93–66); 
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1 ‘‘(C) who, pursuant to section 1619(b) of 

2 this Act, is considered to be receiving benefits 

3 under title XVI of this Act; or 

4 ‘‘(D) who is entitled to benefits under part 

5 A of title XVIII of this Act by reason of the pe6 nultimate sentence of section 226(b) of this Act.’’. 

7 (2) EFFECTIVE DATE.—The amendment made by 

8 this subsection shall apply with respect to grants, co9 operative agreements, or contracts entered into on or 

10 after the date of the enactment of this Act. 

11 (b) STATE GRANTS FOR WORK INCENTIVES ASSIST12 ANCE.—

13 (1) DEFINITION OF DISABLED BENEFICIARY.—

14 Section 1150(g)(2) of such Act (42 U.S.C. 1320b–

15 21(g)(2)) is amended to read as follows: 

16 ‘‘(2) DISABLED BENEFICIARY.—The term ‘dis17 abled beneficiary’ means an individual—

18 ‘‘(A) who is a disabled beneficiary as de19 fined in section 1148(k)(2) of this Act; 

20 ‘‘(B) who is receiving a cash payment de21 scribed in section 1616(a) of this Act or a sup22 plementary payment described in section 

23 212(a)(3) of Public Law 93–66 (without regard 

24 to whether such payment is paid by the Commis25 sioner pursuant to an agreement under section 
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1 1616(a) of this Act or under section 212(b) of 

2 Public Law 93–66); 

3 ‘‘(C) who, pursuant to section 1619(b) of 

4 this Act, is considered to be receiving benefits 

5 under title XVI of this Act; or 

6 ‘‘(D) who is entitled to benefits under part 

7 A of title XVIII of this Act by reason of the pe8 nultimate sentence of section 226(b) of this Act.’’. 

9 (2) ADVOCACY OR OTHER SERVICES NEEDED TO

10 MAINTAIN GAINFUL EMPLOYMENT.—Section 

11 1150(b)(2) of such Act (42 U.S.C. 1320b–21(b)(2)) is 

12 amended by striking ‘‘secure or regain’’ and inserting 

13 ‘‘secure, maintain, or regain’’. 

14 (3) EFFECTIVE DATE.—The amendments made 

15 by this subsection shall apply with respect to pay16 ments provided after the date of the enactment of this 

17 Act. 

18 SEC. 405. TECHNICAL AMENDMENT CLARIFYING TREAT19 MENT FOR CERTAIN PURPOSES OF INDI20 VIDUAL WORK PLANS UNDER THE TICKET TO 

21 WORK AND SELF-SUFFICIENCY PROGRAM. 

22 (a) IN GENERAL.—Section 1148(g)(1) of the Social Se23 curity Act (42 U.S.C. 1320b–19) is amended by adding at 

24 the end, after and below subparagraph (E), the following 

25 new sentence: 
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1 ‘‘An individual work plan established pursuant to 

2 this subsection shall be treated, for purposes of section 

3 51(d)(6)(B)(i) of the Internal Revenue Code of 1986, 

4 as an individualized written plan for employment 

5 under a State plan for vocational rehabilitation serv6 ices approved under the Rehabilitation Act of 1973.’’. 

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect as if included in section 505 

9 of the Ticket to Work and Work Incentives Improvement 

10 Act of 1999 (Public Law 106–170; 113 Stat. 1921). 

11 Subtitle B—Miscellaneous 

12 Amendments 

13 SEC. 411. ELIMINATION OF TRANSCRIPT REQUIREMENT IN 

14 REMAND CASES FULLY FAVORABLE TO THE 

15 CLAIMANT. 

16 (a) IN GENERAL.—Section 205(g) of the Social Secu17 rity Act (42 U.S.C. 405(g)) is amended in the sixth sen18 tence by striking ‘‘and a transcript’’ and inserting ‘‘and, 

19 in any case in which the Commissioner has not made a 

20 decision fully favorable to the individual, a transcript’’. 

21 (b) EFFECTIVE DATE.—The amendment made by this 

22 section shall apply with respect to final determinations 

23 issued (upon remand) on or after the date of the enactment 

24 of this Act.
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1 SEC. 412. NONPAYMENT OF BENEFITS UPON REMOVAL 

2 FROM THE UNITED STATES. 

3 (a) IN GENERAL.—Paragraphs (1) and (2) of section 

4 202(n) of the Social Security Act (42 U.S.C. 402(n)(1), (2)) 

5 are each amended by striking ‘‘or (1)(E)’’. 

6 (b) EFFECTIVE DATE.—The amendment made by this 

7 section to section 202(n)(1) of the Social Security Act shall 

8 apply to individuals with respect to whom the Commis9 sioner of Social Security receives a removal notice from the 

10 Attorney General after the date of the enactment of this Act. 

11 The amendment made by this section to section 202(n)(2) 

12 of the Social Security Act shall apply with respect to remov13 als occurring after the date of the enactment of this Act. 

14 SEC. 413. REINSTATEMENT OF CERTAIN REPORTING RE15 QUIREMENTS. 

16 Section 3003(a)(1) of the Federal Reports Elimination 

17 and Sunset Act of 1995 (31 U.S.C. 1113 note) shall not 

18 apply to any report required to be submitted under any 

19 of the following provisions of law: 

20 (1)(A) Section 201(c)(2) of the Social Security 

21 Act (42 U.S.C. 401(c)(2)). 

22 (B) Section 1817(b)(2) of the Social Security Act 

23 (42 U.S.C. 1395i(b)(2)). 

24 (C) Section 1841(b)(2) of the Social Security Act 

25 (42 U.S.C. 1395t(b)(2)). 
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1 (2)(A) Section 221(c)(3)(C) of the Social Secu2 rity Act (42 U.S.C. 421(c)(3)(C)). 

3 (B) Section 221(i)(3) of the Social Security Act 

4 (42 U.S.C. 421(i)(3)). 

5 SEC. 414. CLARIFICATION OF DEFINITIONS REGARDING 

6 CERTAIN SURVIVOR BENEFITS. 

7 (a) WIDOWS.—Section 216(c) of the Social Security 

8 Act (42 U.S.C. 416(c)) is amended—

9 (1) by redesignating subclauses (A) through (C) 

10 of clause (6) as subclauses (i) through (iii), respec11 tively; 

12 (2) by redesignating clauses (1) through (6) as 

13 clauses (A) through (F), respectively; 

14 (3) in clause (E) (as redesignated), by inserting 

15 ‘‘except as provided in paragraph (2),’’ before ‘‘she 

16 was married’’; 

17 (4) by inserting ‘‘(1)’’ after ‘‘(c)’’; and 

18 (5) by adding at the end the following new para19 graph: 

20 ‘‘(2) The requirements of paragraph (1)(E) in connec21 tion with the surviving wife of an individual shall be treat22 ed as satisfied if—

23 ‘‘(A) the individual had been married prior to 

24 the individual’s marriage to the surviving wife, 
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1 ‘‘(B) the prior wife was institutionalized during 

2 the individual’s marriage to the prior wife due to 

3 mental incompetence or similar incapacity, 

4 ‘‘(C) during the period of the prior wife’s insti5 tutionalization, the individual would have divorced 

6 the prior wife and married the surviving wife, but the 

7 individual did not do so because such divorce would 

8 have been unlawful, by reason of the prior wife’s in9 stitutionalization, under the laws of the State in 

10 which the individual was domiciled at the time (as 

11 determined based on evidence satisfactory to the Com12 missioner of Social Security), 

13 ‘‘(D) the prior wife continued to remain institu14 tionalized up to the time of her death, and 

15 ‘‘(E) the individual married the surviving wife 

16 within 60 days after the prior wife’s death.’’. 

17 (b) WIDOWERS.—Section 216(g) of such Act (42 

18 U.S.C. 416(g)) is amended—

19 (1) by redesignating subclauses (A) through (C) 

20 of clause (6) as subclauses (i) through (iii), respec21 tively; 

22 (2) by redesignating clauses (1) through (6) as 

23 clauses (A) through (F), respectively; 
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1 (3) in clause (E) (as redesignated), by inserting 

2 ‘‘except as provided in paragraph (2),’’ before ‘‘he was 

3 married’’; 

4 (4) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 

5 (5) by adding at the end the following new para6 graph: 

7 ‘‘(2) The requirements of paragraph (1)(E) in connec8 tion with the surviving husband of an individual shall be 

9 treated as satisfied if—

10 ‘‘(A) the individual had been married prior to 

11 the individual’s marriage to the surviving husband, 

12 ‘‘(B) the prior husband was institutionalized 

13 during the individual’s marriage to the prior husband 

14 due to mental incompetence or similar incapacity, 

15 ‘‘(C) during the period of the prior husband’s in16 stitutionalization, the individual would have divorced 

17 the prior husband and married the surviving hus18 band, but the individual did not do so because such 

19 divorce would have been unlawful, by reason of the 

20 prior husband’s institutionalization, under the laws 

21 of the State in which the individual was domiciled at 

22 the time (as determined based on evidence satisfactory 

23 to the Commissioner of Social Security), 

24 ‘‘(D) the prior husband continued to remain in25 stitutionalized up to the time of his death, and 
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1 ‘‘(E) the individual married the surviving hus2 band within 60 days after the prior husband’s 

3 death.’’. 

4 (c) CONFORMING AMENDMENT.—Section 216(k) of 

5 such Act (42 U.S.C. 416(k)) is amended by striking ‘‘clause 

6 (5) of subsection (c) or clause (5) of subsection (g)’’ and 

7 inserting ‘‘clause (E) of subsection (c)(1) or clause (E) of 

8 subsection (g)(1)’’. 

9 (d) EFFECTIVE DATE.—The amendments made by this 

10 section shall be effective with respect to applications for ben11 efits under title II of the Social Security Act filed during 

12 months ending after the date of the enactment of this Act. 

13 SEC. 415. CLARIFICATION RESPECTING THE FICA AND SECA 

14 TAX EXEMPTIONS FOR AN INDIVIDUAL 

15 WHOSE EARNINGS ARE SUBJECT TO THE 

16 LAWS OF A TOTALIZATION AGREEMENT PART17 NER. 

18 Sections 1401(c), 3101(c), and 3111(c) of the Internal 

19 Revenue Code of 1986 are each amended by striking ‘‘to 

20 taxes or contributions for similar purposes under’’ and in21 serting ‘‘exclusively to the laws applicable to’’.
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1 SEC. 416. COVERAGE UNDER DIVIDED RETIREMENT SYSTEM 

2 FOR PUBLIC EMPLOYEES IN KENTUCKY. 

3 (a) IN GENERAL.—Section 218(d)(6)(C) of the Social 

4 Security Act (42 U.S.C. 418(d)(6)(C)) is amended by in5 serting ‘‘Kentucky,’’ after ‘‘Illinois,’’. 

6 (b) EFFECTIVE DATE.—The amendment made by sub7 section (a) takes effect on January 1, 2003. 

8 SEC. 417. COMPENSATION FOR THE SOCIAL SECURITY ADVI9 SORY BOARD. 

10 (a) IN GENERAL.—Subsection (f) of section 703 of the 

11 Social Security Act (42 U.S.C. 903(f)) is amended to read 

12 as follows: 

13 ‘‘Compensation, Expenses, and Per Diem 

14 ‘‘(f) A member of the Board shall, for each day (includ15 ing traveltime) during which the member is attending meet16 ings or conferences of the Board or otherwise engaged in 

17 the business of the Board, be compensated at the daily rate 

18 of basic pay for level IV of the Executive Schedule. While 

19 serving on business of the Board away from their homes 

20 or regular places of business, members may be allowed trav21 el expenses, including per diem in lieu of subsistence, as 

22 authorized by section 5703 of title 5, United States Code, 

23 for persons in the Government employed intermittently.’’. 

24 (b) EFFECTIVE DATE.—The amendment made by this 

25 section shall be effective as of January 1, 2003. 
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1 SEC. 418. 60-MONTH PERIOD OF EMPLOYMENT REQUIRE2 MENT FOR APPLICATION OF GOVERNMENT 

3 PENSION OFFSET EXEMPTION. 

4 (a) WIFE’S INSURANCE BENEFITS.—Section 

5 202(b)(4)(A) of the Social Security Act (42 U.S.C. 

6 402(b)(4)(A)) is amended by striking ‘‘if, on’’ and inserting 

7 ‘‘if, during any portion of the last 60 months of such service 

8 ending with’’. 

9 (b) HUSBAND’S INSURANCE BENEFITS.—Section 

10 202(c)(2)(A) of such Act (42 U.S.C. 402(c)(2)(A)) is amend11 ed by striking ‘‘if, on’’ and inserting ‘‘if, during any por12 tion of the last 60 months of such service ending with’’. 

13 (c) WIDOW’S INSURANCE BENEFITS.—Section 

14 202(e)(7)(A) of such Act (42 U.S.C. 402(e)(7)(A)) is amend15 ed by striking ‘‘if, on’’ and inserting ‘‘if, during any por16 tion of the last 60 months of such service ending with’’. 

17 (d) WIDOWER’S INSURANCE BENEFITS.—Section 

18 202(f)(2)(A) of such Act (42 U.S.C. 402(f)(2)(A)) is amend19 ed by striking ‘‘if, on’’ and inserting ‘‘if, during any por20 tion of the last 60 months of such service ending with’’. 

21 (e) MOTHER’S AND FATHER’S INSURANCE BENE22 FITS.—Section 202(g)(4)(A) of the such Act (42 U.S.C. 

23 402(g)(4)(A)) is amended by striking ‘‘if, on’’ and inserting 

24 ‘‘‘if, during any portion of the last 60 months of such service 

25 ending with’’. 
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1 (f) EFFECTIVE DATE.—The amendments made by this 

2 section shall apply with respect to applications for benefits 

3 under title II of the Social Security Act filed on or after 

4 the first day of the first month that begins after the date 

5 of the enactment of this Act, except that such amendments 

6 shall not apply in connection with monthly periodic bene7 fits of any individual based on earnings while in service 

8 described in section 202(b)(4)(A), 202(c)(2)(A), 

9 202(e)(7)(A), or 202(f)(2)(A) of the Social Security Act (in 

10 the matter preceding clause (i) thereof)—

11 (1) if the last day of such service occurs before 

12 the end of the 90-day period following the date of the 

13 enactment of this Act, or 

14 (2) in any case in which the last day of such 

15 service occurs after the end of such 90-day period, 

16 such individual performed such service during such 

17 90-day period which constituted ‘‘employment’’ as de18 fined in section 210 of such Act, and all such service 

19 subsequently performed by such individual has con20 stituted such ‘‘employment’’. 

21 Subtitle C—Technical Amendments 

22 SEC. 421. TECHNICAL CORRECTION RELATING TO RESPON23 SIBLE AGENCY HEAD. 

24 Section 1143 of the Social Security Act (42 

25 U.S.C. 1320b–13) is amended—
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1 (1) by striking ‘‘Secretary’’ the first place it ap2 pears and inserting ‘‘Commissioner of Social Secu3 rity’’; and 

4 (2) by striking ‘‘Secretary’’ each subsequent place 

5 it appears and inserting ‘‘Commissioner’’. 

6 SEC. 422. TECHNICAL CORRECTION RELATING TO RETIRE7 MENT BENEFITS OF MINISTERS. 

8 (a) IN GENERAL.—Section 211(a)(7) of the Social Se9 curity Act (42 U.S.C. 411(a)(7)) is amended by inserting 

10 ‘‘, but shall not include in any such net earnings from self11 employment the rental value of any parsonage or any par12 sonage allowance (whether or not excluded under section 

13 107 of the Internal Revenue Code of 1986) provided after 

14 the individual retires, or any other retirement benefit re15 ceived by such individual from a church plan (as defined 

16 in section 414(e) of such Code) after the individual retires’’ 

17 before the semicolon. 

18 (b) EFFECTIVE DATE.—The amendment made by this 

19 section shall apply to years beginning before, on, or after 

20 December 31, 1994. 

21 SEC. 423. TECHNICAL CORRECTIONS RELATING TO DOMES22 TIC EMPLOYMENT. 

23 (a) AMENDMENT TO INTERNAL REVENUE CODE.—Sec24 tion 3121(a)(7)(B) of the Internal Revenue Code of 1986
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1 is amended by striking ‘‘described in subsection (g)(5)’’ and 

2 inserting ‘‘on a farm operated for profit’’. 

3 (b) AMENDMENT TO SOCIAL SECURITY ACT.—Section 

4 209(a)(6)(B) of the Social Security Act (42 

5 U.S.C. 409(a)(6)(B)) is amended by striking ‘‘described in 

6 section 210(f)(5)’’ and inserting ‘‘on a farm operated for 

7 profit’’. 

8 (c) CONFORMING AMENDMENT.—Section 3121(g)(5) of 

9 such Code and section 210(f)(5) of such Act (42 

10 U.S.C. 410(f)(5)) are amended by striking ‘‘or is domestic 

11 service in a private home of the employer’’. 

12 SEC. 424. TECHNICAL CORRECTIONS OF OUTDATED REF13 ERENCES. 

14 (a) CORRECTION OF TERMINOLOGY AND CITATIONS

15 RESPECTING REMOVAL FROM THE UNITED STATES.—Sec16 tion 202(n) of the Social Security Act (42 U.S.C. 402(n)) 

17 (as amended by section 412) is amended further—

18 (1) by striking ‘‘deportation’’ each place it ap19 pears and inserting ‘‘removal’’; 

20 (2) by striking ‘‘deported’’ each place it appears 

21 and inserting ‘‘removed’’; 

22 (3) in paragraph (1) (in the matter preceding 

23 subparagraph (A)), by striking ‘‘under section 241(a) 

24 (other than under paragraph (1)(C) thereof)’’ and in-
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1 serting ‘‘under section 237(a) (other than paragraph 

2 (1)(C) thereof) or 212(a)(6)(A)’’; 

3 (4) in paragraph (2), by striking ‘‘under any of 

4 the paragraphs of section 241(a) of the Immigration 

5 and Nationality Act (other than under paragraph 

6 (1)(C) thereof)’’ and inserting ‘‘under any of the 

7 paragraphs of section 237(a) of the Immigration and 

8 Nationality Act (other than paragraph (1)(C) thereof) 

9 or under section 212(a)(6)(A) of such Act’’; 

10 (5) in paragraph (3)—

11 (A) by striking ‘‘paragraph (19) of section 

12 241(a)’’ and inserting ‘‘subparagraph (D) of sec13 tion 237(a)(4)’’; and 

14 (B) by striking ‘‘paragraph (19)’’ and in15 serting ‘‘subparagraph (D)’’; and 

16 (6) in the heading, by striking ‘‘Deportation’’ 

17 and inserting ‘‘Removal’’. 

18 (b) CORRECTION OF CITATION RESPECTING THE TAX

19 DEDUCTION RELATING TO HEALTH INSURANCE COSTS OF

20 SELF-EMPLOYED INDIVIDUALS.—Section 211(a)(15) of 

21 such Act (42 U.S.C. 411(a)(15)) is amended by striking 

22 ‘‘section 162(m)’’ and inserting ‘‘section 162(l)’’. 

23 (c) ELIMINATION OF REFERENCE TO OBSOLETE 20-

24 DAY AGRICULTURAL WORK TEST.—Section 3102(a) of the 

25 Internal Revenue Code of 1986 is amended by striking ‘‘and 
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1 the employee has not performed agricultural labor for the 

2 employer on 20 days or more in the calendar year for cash 

3 remuneration computed on a time basis’’. 

4 SEC. 425. TECHNICAL CORRECTION RESPECTING SELF-EM5 PLOYMENT INCOME IN COMMUNITY PROP6 ERTY STATES. 

7 (a) SOCIAL SECURITY ACT AMENDMENT.—Section 

8 211(a)(5)(A) of the Social Security Act (42 

9 U.S.C. 411(a)(5)(A)) is amended by striking ‘‘all of the 

10 gross income’’ and all that follows and inserting ‘‘the gross 

11 income and deductions attributable to such trade or busi12 ness shall be treated as the gross income and deductions 

13 of the spouse carrying on such trade or business or, if such 

14 trade or business is jointly operated, treated as the gross 

15 income and deductions of each spouse on the basis of their 

16 respective distributive share of the gross income and deduc17 tions;’’. 

18 (b) INTERNAL REVENUE CODE OF 1986 AMEND19 MENT.—Section 1402(a)(5)(A) of the Internal Revenue 

20 Code of 1986 is amended by striking ‘‘all of the gross in21 come’’ and all that follows and inserting ‘‘the gross income 

22 and deductions attributable to such trade or business shall 

23 be treated as the gross income and deductions of the spouse 

24 carrying on such trade or business or, if such trade or busi25 ness is jointly operated, treated as the gross income and 
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1 deductions of each spouse on the basis of their respective 

2 distributive share of the gross income and deductions; and’’.

Union Calendar No. 28

108TH CONGRESS 

1ST SESSION H. R. 743

[Report No. 108–46] 

A BILL

To amend the Social Security Act and the Internal 

Revenue Code of 1986 to provide additional safeguards for Social Security and Supplemental Security Income beneficiaries with representative payees, to enhance program protections, and for other purposes. 

MARCH 24, 2003

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed