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[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 743 Reported in Senate (RS)]

                                                       Calendar No. 349
108th CONGRESS
  1st Session
                                H. R. 743

                          [Report No. 108-176]

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             April 3, 2003

     Received; read twice and referred to the Committee on Finance

                            October 29, 2003

              Reported by Mr. Grassley, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 AN ACT

 
To amend the Social Security Act and the Internal Revenue Code of 1986 
 to provide additional safeguards for Social Security and Supplemental 
 Security Income beneficiaries with representative payees, to enhance 
              program protections, and for other purposes.

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

<DELETED>SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.</DELETED>

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

<DELETED>Sec. 1. Short title and table of contents.
             <DELETED>TITLE I--PROTECTION OF BENEFICIARIES

               <DELETED>Subtitle A--Representative Payees

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

<DELETED>Sec. 111. Civil monetary penalty authority with respect to 
                            wrongful conversions by representative 
                            payees.
                 <DELETED>TITLE II--PROGRAM PROTECTIONS

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

<DELETED>Sec. 301. Cap on attorney assessments.
<DELETED>Sec. 302. Extension of attorney fee payment system to title 
                            XVI claims.
       <DELETED>TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS

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

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

<DELETED>Sec. 411. Elimination of transcript requirement in remand 
                            cases fully favorable to the claimant.
<DELETED>Sec. 412. Nonpayment of benefits upon removal from the United 
                            States.
<DELETED>Sec. 413. Reinstatement of certain reporting requirements.
<DELETED>Sec. 414. Clarification of definitions regarding certain 
                            survivor benefits.
<DELETED>Sec. 415. Clarification respecting the FICA and SECA tax 
                            exemptions for an individual whose earnings 
                            are subject to the laws of a totalization 
                            agreement partner.
<DELETED>Sec. 416. Coverage under divided retirement system for public 
                            employees in Kentucky.
<DELETED>Sec. 417. Compensation for the Social Security Advisory Board.
<DELETED>Sec. 418. 60-month period of employment requirement for 
                            application of government pension offset 
                            exemption.
               <DELETED>Subtitle C--Technical Amendments

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

        <DELETED>TITLE I--PROTECTION OF BENEFICIARIES</DELETED>

          <DELETED>Subtitle A--Representative Payees</DELETED>

<DELETED>SEC. 101. AUTHORITY TO REISSUE BENEFITS MISUSED BY 
              ORGANIZATIONAL REPRESENTATIVE PAYEES.</DELETED>

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

<DELETED>SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES.</DELETED>

<DELETED>    (a) Certification of Bonding and Licensing Requirements 
for Nongovernmental Organizational Representative Payees.--</DELETED>
        <DELETED>    (1) Title ii amendments.--Section 205(j) of the 
        Social Security Act (42 U.S.C. 405(j)) is amended--</DELETED>
                <DELETED>    (A) in paragraph (2)(C)(v), by striking 
                ``a community-based nonprofit social service agency 
                licensed or bonded by the State'' in subclause (I) and 
                inserting ``a certified community-based nonprofit 
                social service agency (as defined in paragraph 
                (9))'';</DELETED>
                <DELETED>    (B) in paragraph (3)(F), by striking 
                ``community-based nonprofit social service agencies'' 
                and inserting ``certified community-based nonprofit 
                social service agencies (as defined in paragraph 
                (9))'';</DELETED>
                <DELETED>    (C) in paragraph (4)(B), by striking ``any 
                community-based nonprofit social service agency which 
                is bonded or licensed in each State in which it serves 
                as a representative payee'' and inserting ``any 
certified community-based nonprofit social service agency (as defined 
in paragraph (9))''; and</DELETED>
                <DELETED>    (D) by adding after paragraph (8) (as 
                added by section 101(a)(2) of this Act) the following 
                new paragraph:</DELETED>
<DELETED>    ``(9) For purposes of this subsection, the term `certified 
community-based nonprofit social service agency' means a community-
based nonprofit social service agency which is in compliance with 
requirements, under regulations which shall be prescribed by the 
Commissioner, for annual certification to the Commissioner that it is 
bonded in accordance with requirements specified by the Commissioner 
and that it is licensed in each State in which it serves as a 
representative payee (if licensing is available in such State) in 
accordance with requirements specified by the Commissioner. Any such 
annual certification shall include a copy of any independent audit on 
such agency which may have been performed since the previous 
certification.''.</DELETED>
        <DELETED>    (2) Title xvi amendments.--Section 1631(a)(2) of 
        such Act (42 U.S.C. 1383(a)(2)) is amended--</DELETED>
                <DELETED>    (A) in subparagraph (B)(vii), by striking 
                ``a community-based nonprofit social service agency 
                licensed or bonded by the State'' in subclause (I) and 
                inserting ``a certified community-based nonprofit 
                social service agency (as defined in subparagraph 
                (I))'';</DELETED>
                <DELETED>    (B) in subparagraph (D)(ii)--</DELETED>
                        <DELETED>    (i) by striking ``or any 
                        community-based'' and all that follows through 
                        ``in accordance'' in subclause (II) and 
                        inserting ``or any certified community-based 
                        nonprofit social service agency (as defined in 
                        subparagraph (I)), if the agency, in 
                        accordance'';</DELETED>
                        <DELETED>    (ii) by redesignating items (aa) 
                        and (bb) as subclauses (I) and (II), 
                        respectively (and adjusting the margination 
                        accordingly); and</DELETED>
                        <DELETED>    (iii) by striking ``subclause 
                        (II)(bb)'' and inserting ``subclause (II)''; 
                        and</DELETED>
                <DELETED>    (C) by adding at the end the following new 
                subparagraph:</DELETED>
<DELETED>    ``(I) For purposes of this paragraph, the term `certified 
community-based nonprofit social service agency' means a community-
based nonprofit social service agency which is in compliance with 
requirements, under regulations which shall be prescribed by the 
Commissioner, for annual certification to the Commissioner that it is 
bonded in accordance with requirements specified by the Commissioner 
and that it is licensed in each State in which it serves as a 
representative payee (if licensing is available in the State) in 
accordance with requirements specified by the Commissioner. Any such 
annual certification shall include a copy of any independent audit on 
the agency which may have been performed since the previous 
certification.''.</DELETED>
        <DELETED>    (3) Effective date.--The amendments made by this 
        subsection shall take effect on the first day of the thirteenth 
        month beginning after the date of the enactment of this 
        Act.</DELETED>
<DELETED>    (b) Periodic Onsite Review.--</DELETED>
        <DELETED>    (1) Title ii amendment.--Section 205(j)(6) of such 
        Act (42 U.S.C. 405(j)(6)) is amended to read as 
        follows:</DELETED>
<DELETED>    ``(6)(A) In addition to such other reviews of 
representative payees as the Commissioner of Social Security may 
otherwise conduct, the Commissioner shall provide for the periodic 
onsite review of any person or agency located in the United States that 
receives the benefits payable under this title (alone or in combination 
with benefits payable under title VIII or title XVI) to another 
individual pursuant to the appointment of such person or agency as a 
representative payee under this subsection, section 807, or section 
1631(a)(2) in any case in which--</DELETED>
        <DELETED>    ``(i) the representative payee is a person who 
        serves in that capacity with respect to 15 or more such 
        individuals;</DELETED>
        <DELETED>    ``(ii) the representative payee is a certified 
        community-based nonprofit social service agency (as defined in 
        paragraph (9) of this subsection or section 1631(a)(2)(I)); 
        or</DELETED>
        <DELETED>    ``(iii) the representative payee is an agency 
        (other than an agency described in clause (ii)) that serves in 
        that capacity with respect to 50 or more such 
        individuals.</DELETED>
<DELETED>    ``(B) Within 120 days after the end of each fiscal year, 
the Commissioner shall submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate a 
report on the results of periodic onsite reviews conducted during the 
fiscal year pursuant to subparagraph (A) and of any other reviews of 
representative payees conducted during such fiscal year in connection 
with benefits under this title. Each such report shall describe in 
detail all problems identified in such reviews and any corrective 
action taken or planned to be taken to correct such problems, and shall 
include--</DELETED>
        <DELETED>    ``(i) the number of such reviews;</DELETED>
        <DELETED>    ``(ii) the results of such reviews;</DELETED>
        <DELETED>    ``(iii) the number of cases in which the 
        representative payee was changed and why;</DELETED>
        <DELETED>    ``(iv) the number of cases involving the exercise 
        of expedited, targeted oversight of the representative payee by 
        the Commissioner conducted upon receipt of an allegation of 
        misuse of funds, failure to pay a vendor, or a similar 
        irregularity;</DELETED>
        <DELETED>    ``(v) the number of cases discovered in which 
        there was a misuse of funds;</DELETED>
        <DELETED>    ``(vi) how any such cases of misuse of funds were 
        dealt with by the Commissioner;</DELETED>
        <DELETED>    ``(vii) the final disposition of such cases of 
        misuse of funds, including any criminal penalties imposed; 
        and</DELETED>
        <DELETED>    ``(viii) such other information as the 
        Commissioner deems appropriate.''.</DELETED>
        <DELETED>    (2) Title viii amendment.--Section 807 of such Act 
        (as amended by section 101(b)(2) of this Act) is amended 
        further by adding at the end the following new 
        subsection:</DELETED>
<DELETED>    ``(k) Periodic Onsite Review.--(1) In addition to such 
other reviews of representative payees as the Commissioner of Social 
Security may otherwise conduct, the Commissioner may provide for the 
periodic onsite review of any person or agency that receives the 
benefits payable under this title (alone or in combination with 
benefits payable under title II or title XVI) to another individual 
pursuant to the appointment of such person or agency as a 
representative payee under this section, section 205(j), or section 
1631(a)(2) in any case in which--</DELETED>
        <DELETED>    ``(A) the representative payee is a person who 
        serves in that capacity with respect to 15 or more such 
        individuals; or</DELETED>
        <DELETED>    ``(B) the representative payee is an agency that 
        serves in that capacity with respect to 50 or more such 
        individuals.</DELETED>
<DELETED>    ``(2) Within 120 days after the end of each fiscal year, 
the Commissioner shall submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate a 
report on the results of periodic onsite reviews conducted during the 
fiscal year pursuant to paragraph (1) and of any other reviews of 
representative payees conducted during such fiscal year in connection 
with benefits under this title. Each such report shall describe in 
detail all problems identified in such reviews and any corrective 
action taken or planned to be taken to correct such problems, and shall 
include--</DELETED>
        <DELETED>    ``(A) the number of such reviews;</DELETED>
        <DELETED>    ``(B) the results of such reviews;</DELETED>
        <DELETED>    ``(C) the number of cases in which the 
        representative payee was changed and why;</DELETED>
        <DELETED>    ``(D) the number of cases involving the exercise 
        of expedited, targeted oversight of the representative payee by 
        the Commissioner conducted upon receipt of an allegation of 
        misuse of funds, failure to pay a vendor, or a similar 
        irregularity;</DELETED>
        <DELETED>    ``(E) the number of cases discovered in which 
        there was a misuse of funds;</DELETED>
        <DELETED>    ``(F) how any such cases of misuse of funds were 
        dealt with by the Commissioner;</DELETED>
        <DELETED>    ``(G) the final disposition of such cases of 
        misuse of funds, including any criminal penalties imposed; 
        and</DELETED>
        <DELETED>    ``(H) such other information as the Commissioner 
        deems appropriate.''.</DELETED>
        <DELETED>    (3) Title xvi amendment.--Section 1631(a)(2)(G) of 
        such Act (42 U.S.C. 1383(a)(2)(G)) is amended to read as 
        follows:</DELETED>
<DELETED>    ``(G)(i) In addition to such other reviews of 
representative payees as the Commissioner of Social Security may 
otherwise conduct, the Commissioner shall provide for the periodic 
onsite review of any person or agency that receives the benefits 
payable under this title (alone or in combination with benefits payable 
under title II or title VIII) to another individual pursuant to the 
appointment of the person or agency as a representative payee under 
this paragraph, section 205(j), or section 807 in any case in which--
</DELETED>
        <DELETED>    ``(I) the representative payee is a person who 
        serves in that capacity with respect to 15 or more such 
        individuals;</DELETED>
        <DELETED>    ``(II) the representative payee is a certified 
        community-based nonprofit social service agency (as defined in 
        subparagraph (I) of this paragraph or section 205(j)(9)); 
        or</DELETED>
        <DELETED>    ``(III) the representative payee is an agency 
        (other than an agency described in subclause (II)) that serves 
        in that capacity with respect to 50 or more such 
        individuals.</DELETED>
<DELETED>    ``(ii) Within 120 days after the end of each fiscal year, 
the Commissioner shall submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate a 
report on the results of periodic onsite reviews conducted during the 
fiscal year pursuant to clause (i) and of any other reviews of 
representative payees conducted during such fiscal year in connection 
with benefits under this title. Each such report shall describe in 
detail all problems identified in the reviews and any corrective action 
taken or planned to be taken to correct the problems, and shall 
include--</DELETED>
        <DELETED>    ``(I) the number of the reviews;</DELETED>
        <DELETED>    ``(II) the results of such reviews;</DELETED>
        <DELETED>    ``(III) the number of cases in which the 
        representative payee was changed and why;</DELETED>
        <DELETED>    ``(IV) the number of cases involving the exercise 
        of expedited, targeted oversight of the representative payee by 
        the Commissioner conducted upon receipt of an allegation of 
        misuse of funds, failure to pay a vendor, or a similar 
        irregularity;</DELETED>
        <DELETED>    ``(V) the number of cases discovered in which 
        there was a misuse of funds;</DELETED>
        <DELETED>    ``(VI) how any such cases of misuse of funds were 
        dealt with by the Commissioner;</DELETED>
        <DELETED>    ``(VII) the final disposition of such cases of 
        misuse of funds, including any criminal penalties imposed; 
        and</DELETED>
        <DELETED>    ``(VIII) such other information as the 
        Commissioner deems appropriate.''.</DELETED>

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

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

<DELETED>SEC. 104. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY 
              REPRESENTATIVE PAYEES.</DELETED>

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

<DELETED>SEC. 105. LIABILITY OF REPRESENTATIVE PAYEES FOR MISUSED 
              BENEFITS.</DELETED>

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

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

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

               <DELETED>Subtitle B--Enforcement</DELETED>

<DELETED>SEC. 111. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO 
              WRONGFUL CONVERSIONS BY REPRESENTATIVE PAYEES.</DELETED>

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

            <DELETED>TITLE II--PROGRAM PROTECTIONS</DELETED>

<DELETED>SEC. 201. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO 
              KNOWING WITHHOLDING OF MATERIAL FACTS.</DELETED>

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

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

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

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

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

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

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

<DELETED>SEC. 205. REFUSAL TO RECOGNIZE CERTAIN INDIVIDUALS AS CLAIMANT 
              REPRESENTATIVES.</DELETED>

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

<DELETED>SEC. 206. PENALTY FOR CORRUPT OR FORCIBLE INTERFERENCE WITH 
              ADMINISTRATION OF SOCIAL SECURITY ACT.</DELETED>

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

<DELETED>``attempts to interfere with administration of social security 
                             act</DELETED>

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

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

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

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

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

<DELETED>SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF 
              RESTITUTION.</DELETED>

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

 <DELETED>TITLE III--ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS</DELETED>

<DELETED>SEC. 301. CAP ON ATTORNEY ASSESSMENTS.</DELETED>

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

<DELETED>SEC. 302. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE 
              XVI CLAIMS.</DELETED>

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

  <DELETED>TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS</DELETED>

<DELETED>Subtitle A--Amendments Relating to the Ticket to Work and Work 
              Incentives Improvement Act of 1999</DELETED>

<DELETED>SEC. 401. APPLICATION OF DEMONSTRATION AUTHORITY SUNSET DATE 
              TO NEW PROJECTS.</DELETED>

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

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

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

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

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

<DELETED>SEC. 404. AVAILABILITY OF FEDERAL AND STATE WORK INCENTIVE 
              SERVICES TO ADDITIONAL INDIVIDUALS.</DELETED>

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

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

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

        <DELETED>Subtitle B--Miscellaneous Amendments</DELETED>

<DELETED>SEC. 411. ELIMINATION OF TRANSCRIPT REQUIREMENT IN REMAND 
              CASES FULLY FAVORABLE TO THE CLAIMANT.</DELETED>

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

<DELETED>SEC. 412. NONPAYMENT OF BENEFITS UPON REMOVAL FROM THE UNITED 
              STATES.</DELETED>

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

<DELETED>SEC. 413. REINSTATEMENT OF CERTAIN REPORTING 
              REQUIREMENTS.</DELETED>

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

<DELETED>SEC. 414. CLARIFICATION OF DEFINITIONS REGARDING CERTAIN 
              SURVIVOR BENEFITS.</DELETED>

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

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

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

<DELETED>SEC. 416. COVERAGE UNDER DIVIDED RETIREMENT SYSTEM FOR PUBLIC 
              EMPLOYEES IN KENTUCKY.</DELETED>

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

<DELETED>SEC. 417. COMPENSATION FOR THE SOCIAL SECURITY ADVISORY 
              BOARD.</DELETED>

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

       <DELETED>``Compensation, Expenses, and Per Diem</DELETED>

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

<DELETED>SEC. 418. 60-MONTH PERIOD OF EMPLOYMENT REQUIREMENT FOR 
              APPLICATION OF GOVERNMENT PENSION OFFSET 
              EXEMPTION.</DELETED>

<DELETED>    (a) Wife's Insurance Benefits.--Section 202(b)(4)(A) of 
the Social Security Act (42 U.S.C. 402(b)(4)(A)) is amended by striking 
``if, on'' and inserting ``if, during any portion of the last 60 months 
of such service ending with''.</DELETED>
<DELETED>    (b) Husband's Insurance Benefits.--Section 202(c)(2)(A) of 
such Act (42 U.S.C. 402(c)(2)(A)) is amended by striking ``if, on'' and 
inserting ``if, during any portion of the last 60 months of such 
service ending with''.</DELETED>
<DELETED>    (c) Widow's Insurance Benefits.--Section 202(e)(7)(A) of 
such Act (42 U.S.C. 402(e)(7)(A)) is amended by striking ``if, on'' and 
inserting ``if, during any portion of the last 60 months of such 
service ending with''.</DELETED>
<DELETED>    (d) Widower's Insurance Benefits.--Section 202(f)(2)(A) of 
such Act (42 U.S.C. 402(f)(2)(A)) is amended by striking ``if, on'' and 
inserting ``if, during any portion of the last 60 months of such 
service ending with''.</DELETED>
<DELETED>    (e) Mother's and Father's Insurance Benefits.--Section 
202(g)(4)(A) of the such Act (42 U.S.C. 402(g)(4)(A)) is amended by 
striking ``if, on'' and inserting ```if, during any portion of the last 
60 months of such service ending with''.</DELETED>
<DELETED>    (f) Effective Date.--The amendments made by this section 
shall apply with respect to applications for benefits under title II of 
the Social Security Act filed on or after the first day of the first 
month that begins after the date of the enactment of this Act, except 
that such amendments shall not apply in connection with monthly 
periodic benefits of any individual based on earnings while in service 
described in section 202(b)(4)(A), 202(c)(2)(A), 202(e)(7)(A), or 
202(f)(2)(A) of the Social Security Act (in the matter preceding clause 
(i) thereof)--</DELETED>
        <DELETED>    (1) if the last day of such service occurs before 
        the end of the 90-day period following the date of the 
        enactment of this Act, or</DELETED>
        <DELETED>    (2) in any case in which the last day of such 
        service occurs after the end of such 90-day period, such 
        individual performed such service during such 90-day period 
        which constituted ``employment'' as defined in section 210 of 
        such Act, and all such service subsequently performed by such 
        individual has constituted such ``employment''.</DELETED>

          <DELETED>Subtitle C--Technical Amendments</DELETED>

<DELETED>SEC. 421. TECHNICAL CORRECTION RELATING TO RESPONSIBLE AGENCY 
              HEAD.</DELETED>

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

<DELETED>SEC. 422. TECHNICAL CORRECTION RELATING TO RETIREMENT BENEFITS 
              OF MINISTERS.</DELETED>

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

<DELETED>SEC. 423. TECHNICAL CORRECTIONS RELATING TO DOMESTIC 
              EMPLOYMENT.</DELETED>

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

<DELETED>SEC. 424. TECHNICAL CORRECTIONS OF OUTDATED 
              REFERENCES.</DELETED>

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

<DELETED>SEC. 425. TECHNICAL CORRECTION RESPECTING SELF-EMPLOYMENT 
              INCOME IN COMMUNITY PROPERTY STATES.</DELETED>

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

SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.

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

Sec. 1. Short title and table of contents.

                  TITLE I--PROTECTION OF BENEFICIARIES

                   Subtitle A--Representative Payees

Sec. 101. Authority to reissue benefits misused by organizational 
                            representative payees.
Sec. 102. Oversight of representative payees.
Sec. 103. Disqualification from service as representative payee of 
                            persons convicted of offenses resulting in 
                            imprisonment for more than 1 year or 
                            fleeing prosecution, custody, or 
                            confinement.
Sec. 104. Fee forfeiture in case of benefit misuse by representative 
                            payees.
Sec. 105. Liability of representative payees for misused benefits.
Sec. 106. Authority to redirect delivery of benefit payments when a 
                            representative payee fails to provide 
                            required accounting.
Sec. 107. Survey of use of payments by representative payees.

                        Subtitle B--Enforcement

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

                     TITLE II--PROGRAM PROTECTIONS

Sec. 201. Civil monetary penalty authority with respect to withholding 
                            of material facts.
Sec. 202. Issuance by Commissioner of Social Security of receipts to 
                            acknowledge submission of reports of 
                            changes in work or earnings status of 
                            disabled beneficiaries.
Sec. 203. Denial of title II benefits to persons fleeing prosecution, 
                            custody, or confinement, and to persons 
                            violating probation or parole.
Sec. 204. Requirements relating to offers to provide for a fee a 
                            product or service available without charge 
                            from the Social Security Administration.
Sec. 205. Refusal to recognize certain individuals as claimant 
                            representatives.
Sec. 206. Criminal penalty for corrupt or forcible interference with 
                            administration of Social Security Act.
Sec. 207. Use of symbols, emblems, or names in reference to social 
                            security or medicare.
Sec. 208. Disqualification from payment during trial work period upon 
                            conviction of fraudulent concealment of 
                            work activity.
Sec. 209. Authority for judicial orders of restitution.
Sec. 210. Information for administration of provisions related to 
                            noncovered employment.
Sec. 211. Cross-program recovery of overpayments.
Sec. 212. Prohibition on payment of title II benefits to persons not 
                            authorized to work in the United States.

   TITLE III--ATTORNEY REPRESENTATIVE FEE PAYMENT SYSTEM IMPROVEMENTS

Sec. 301. Cap on attorney assessments.
Sec. 302. GAO study of fee payment process for claimant 
                            representatives.

            TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS

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

Sec. 401. Elimination of demonstration authority sunset date.
Sec. 402. Expansion of waiver authority available in connection with 
                            demonstration projects providing for 
                            reductions in disability insurance benefits 
                            based on earnings.
Sec. 403. Funding of demonstration projects providing for reductions in 
                            disability insurance benefits based on 
                            earnings.
Sec. 404. Availability of Federal and State work incentive services to 
                            additional individuals.
Sec. 405. Technical amendment clarifying treatment for certain purposes 
                            of individual work plans under the Ticket 
                            to Work and Self-Sufficiency Program.
Sec. 406. GAO study regarding the Ticket to Work and Self-Sufficiency 
                            Program.

                  Subtitle B--Miscellaneous Amendments

Sec. 411. Elimination of transcript requirement in remand cases fully 
                            favorable to the claimant.
Sec. 412. Nonpayment of benefits upon removal from the United States.
Sec. 413. Reinstatement of certain reporting requirements.
Sec. 414. Clarification of definitions regarding certain survivor 
                            benefits.
Sec. 415. Clarification respecting the FICA and SECA tax exemptions for 
                            an individual whose earnings are subject to 
                            the laws of a totalization agreement 
                            partner.
Sec. 416. Coverage under divided retirement system for public 
                            employees.
Sec. 417. Compensation for the Social Security Advisory Board.
Sec. 418. 60-month period of employment requirement for government 
                            pension offset exemption.
Sec. 419. Post-1956 Military Wage Credits.

                    Subtitle C--Technical Amendments

Sec. 421. Technical correction relating to responsible agency head.
Sec. 422. Technical correction relating to retirement benefits of 
                            ministers.
Sec. 423. Technical corrections relating to domestic employment.
Sec. 424. Technical corrections of outdated references.
Sec. 425. Technical correction respecting self-employment income in 
                            community property States.
Sec. 426. Technical amendments to the Railroad Retirement and Survivors 
                            Improvement Act of 2001.

              Subtitle D--Amendments Related to Title XVI

Sec. 430. Exclusion from income for certain infrequent or irregular 
                            income and certain interest or dividend 
                            income.
Sec. 431. Uniform 9-month resource exclusion periods.
Sec. 432. Modification of dedicated account requirements.
Sec. 433. Elimination of certain restrictions on the application of the 
                            student earned income exclusion.
Sec. 434. Exclusion of Americorps and other volunteer benefits for 
                            purposes of determining supplemental 
                            security income eligibility and benefit 
                            amounts and social security disability 
                            insurance entitlement.
Sec. 435. Exception to retrospective monthly accounting for 
                            nonrecurring income.
Sec. 436. Removal of restriction on payment of benefits to children who 
                            are born or who become blind or disabled 
                            after their military parents are stationed 
                            overseas.
Sec. 437. Treatment of education-related income and resources.
Sec. 438. Monthly treatment of uniformed service compensation.
Sec. 439. Update of resource limits.
Sec. 440. Review of State agency blindness and disability 
                            determinations.

                  TITLE I--PROTECTION OF BENEFICIARIES

                   Subtitle A--Representative Payees

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

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

SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES.

    (a) Certification of Bonding and Licensing Requirements for 
Nongovernmental Organizational Representative Payees.--
            (1) Title ii amendments.--Section 205(j) of the Social 
        Security Act (42 U.S.C. 405(j)) is amended--
                    (A) in paragraph (2)(C)(v), by striking ``a 
                community-based nonprofit social service agency 
                licensed or bonded by the State'' in subclause (I) and 
                inserting ``a certified community-based nonprofit 
                social service agency (as defined in paragraph (9))'';
                    (B) in paragraph (3)(F), by striking ``community-
                based nonprofit social service agencies'' and inserting 
                ``certified community-based nonprofit social service 
                agencies (as defined in paragraph (9))'';
                    (C) in paragraph (4)(B), by striking ``any 
                community-based nonprofit social service agency which 
                is bonded or licensed in each State in which it serves 
                as a representative payee'' and inserting ``any 
                certified community-based nonprofit social service 
                agency (as defined in paragraph (9))''; and
                    (D) by adding after paragraph (8) (as added by 
                section 101(a)(2) of this Act) the following:
    ``(9) For purposes of this subsection, the term `certified 
community-based nonprofit social service agency' means a community-
based nonprofit social service agency which is in compliance with 
requirements, under regulations which shall be prescribed by the 
Commissioner, for annual certification to the Commissioner that it is 
bonded in accordance with requirements specified by the Commissioner 
and that it is licensed in each State in which it serves as a 
representative payee (if licensing is available in the State) in 
accordance with requirements specified by the Commissioner. Any such 
annual certification shall include a copy of any independent audit on 
the agency which may have been performed since the previous 
certification.''.
            (2) Title xvi amendments.--Section 1631(a)(2) of such Act 
        (42 U.S.C. 1383(a)(2)) is amended--
                    (A) in subparagraph (B)(vii), by striking ``a 
                community-based nonprofit social service agency 
                licensed or bonded by the State'' in subclause (I) and 
                inserting ``a certified community-based nonprofit 
                social service agency (as defined in subparagraph 
                (I))'';
                    (B) in subparagraph (D)(ii)--
                            (i) by striking ``or any community-based'' 
                        and all that follows through ``in accordance'' 
                        in subclause (II) and inserting ``or any 
                        certified community-based nonprofit social 
                        service agency (as defined in subparagraph 
                        (I)), if the agency, in accordance'';
                            (ii) by redesignating items (aa) and (bb) 
                        as subclauses (I) and (II), respectively (and 
                        adjusting the margins accordingly); and
                            (iii) by striking ``subclause (II)(bb)'' 
                        and inserting ``subclause (II)''; and
                    (C) by adding at the end the following:
    ``(I) For purposes of this paragraph, the term `certified 
community-based nonprofit social service agency' means a community-
based nonprofit social service agency which is in compliance with 
requirements, under regulations which shall be prescribed by the 
Commissioner, for annual certification to the Commissioner that it is 
bonded in accordance with requirements specified by the Commissioner 
and that it is licensed in each State in which it serves as a 
representative payee (if licensing is available in the State) in 
accordance with requirements specified by the Commissioner. Any such 
annual certification shall include a copy of any independent audit on 
the agency which may have been performed since the previous 
certification.''.
            (3) Effective date.--The amendments made by this subsection 
        shall take effect on the first day of the thirteenth month 
        beginning after the date of the enactment of this Act.
    (b) Periodic Onsite Review.--
            (1) Title ii amendment.--Section 205(j)(6) of such Act (42 
        U.S.C. 405(j)(6)) is amended to read as follows:
    ``(6)(A) In addition to such other reviews of representative payees 
as the Commissioner of Social Security may otherwise conduct, the 
Commissioner shall provide for the periodic onsite review of any person 
or agency located in the United States that receives the benefits 
payable under this title (alone or in combination with benefits payable 
under title VIII or title XVI) to another individual pursuant to the 
appointment of such person or agency as a representative payee under 
this subsection, section 807, or section 1631(a)(2) in any case in 
which--
            ``(i) the representative payee is a person who serves in 
        that capacity with respect to 15 or more such individuals;
            ``(ii) the representative payee is a certified community-
        based nonprofit social service agency (as defined in paragraph 
        (9) of this subsection or section 1631(a)(2)(I)); or
            ``(iii) the representative payee is an agency (other than 
        an agency described in clause (ii)) that serves in that 
        capacity with respect to 50 or more such individuals.
    ``(B) Within 120 days after the end of each fiscal year, the 
Commissioner shall submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate a 
report on the results of periodic onsite reviews conducted during the 
fiscal year pursuant to subparagraph (A) and of any other reviews of 
representative payees conducted during such fiscal year in connection 
with benefits under this title. Each such report shall describe in 
detail all problems identified in such reviews and any corrective 
action taken or planned to be taken to correct such problems, and shall 
include--
            ``(i) the number of such reviews;
            ``(ii) the results of such reviews;
            ``(iii) the number of cases in which the representative 
        payee was changed and why;
            ``(iv) the number of cases involving the exercise of 
        expedited, targeted oversight of the representative payee by 
        the Commissioner conducted upon receipt of an allegation of 
        misuse of funds, failure to pay a vendor, or a similar 
        irregularity;
            ``(v) the number of cases discovered in which there was a 
        misuse of funds;
            ``(vi) how any such cases of misuse of funds were dealt 
        with by the Commissioner;
            ``(vii) the final disposition of such cases of misuse of 
        funds, including any criminal penalties imposed; and
            ``(viii) such other information as the Commissioner deems 
        appropriate.''.
            (2) Title viii amendment.--Section 807 of such Act (as 
        amended by section 101(b)(2) of this Act) is amended further by 
        adding at the end the following:
    ``(k) Periodic Onsite Review.--
            ``(1) In general.--In addition to such other reviews of 
        representative payees as the Commissioner of Social Security 
        may otherwise conduct, the Commissioner may provide for the 
        periodic onsite review of any person or agency that receives 
        the benefits payable under this title (alone or in combination 
        with benefits payable under title II or title XVI) to another 
        individual pursuant to the appointment of such person or agency 
        as a representative payee under this section, section 205(j), 
        or section 1631(a)(2) in any case in which--
                    ``(A) the representative payee is a person who 
                serves in that capacity with respect to 15 or more such 
                individuals; or
                    ``(B) the representative payee is an agency that 
                serves in that capacity with respect to 50 or more such 
                individuals.
            ``(2) Report.--Within 120 days after the end of each fiscal 
        year, the Commissioner shall submit to the Committee on Ways 
        and Means of the House of Representatives and the Committee on 
        Finance of the Senate a report on the results of periodic 
        onsite reviews conducted during the fiscal year pursuant to 
        paragraph (1) and of any other reviews of representative payees 
        conducted during such fiscal year in connection with benefits 
        under this title. Each such report shall describe in detail all 
        problems identified in such reviews and any corrective action 
        taken or planned to be taken to correct such problems, and 
        shall include--
                    ``(A) the number of such reviews;
                    ``(B) the results of such reviews;
                    ``(C) the number of cases in which the 
                representative payee was changed and why;
                    ``(D) the number of cases involving the exercise of 
                expedited, targeted oversight of the representative 
                payee by the Commissioner conducted upon receipt of an 
                allegation of misuse of funds, failure to pay a vendor, 
                or a similar irregularity;
                    ``(E) the number of cases discovered in which there 
                was a misuse of funds;
                    ``(F) how any such cases of misuse of funds were 
                dealt with by the Commissioner;
                    ``(G) the final disposition of such cases of misuse 
                of funds, including any criminal penalties imposed; and
                    ``(H) such other information as the Commissioner 
                deems appropriate.''.
            (3) Title xvi amendment.--Section 1631(a)(2)(G) of such Act 
        (42 U.S.C. 1383(a)(2)(G)) is amended to read as follows:
    ``(G)(i) In addition to such other reviews of representative payees 
as the Commissioner of Social Security may otherwise conduct, the 
Commissioner shall provide for the periodic onsite review of any person 
or agency that receives the benefits payable under this title (alone or 
in combination with benefits payable under title II or title VIII) to 
another individual pursuant to the appointment of the person or agency 
as a representative payee under this paragraph, section 205(j), or 
section 807 in any case in which--
            ``(I) the representative payee is a person who serves in 
        that capacity with respect to 15 or more such individuals;
            ``(II) the representative payee is a certified community-
        based nonprofit social service agency (as defined in 
        subparagraph (I) of this paragraph or section 205(j)(9)); or
            ``(III) the representative payee is an agency (other than 
        an agency described in subclause (II)) that serves in that 
        capacity with respect to 50 or more such individuals.
    ``(ii) Within 120 days after the end of each fiscal year, the 
Commissioner shall submit to the Committee on Ways and Means of the 
House of Representatives and the Committee on Finance of the Senate a 
report on the results of periodic onsite reviews conducted during the 
fiscal year pursuant to clause (i) and of any other reviews of 
representative payees conducted during such fiscal year in connection 
with benefits under this title. Each such report shall describe in 
detail all problems identified in the reviews and any corrective action 
taken or planned to be taken to correct the problems, and shall 
include--
            ``(I) the number of the reviews;
            ``(II) the results of such reviews;
            ``(III) the number of cases in which the representative 
        payee was changed and why;
            ``(IV) the number of cases involving the exercise of 
        expedited, targeted oversight of the representative payee by 
        the Commissioner conducted upon receipt of an allegation of 
        misuse of funds, failure to pay a vendor, or a similar 
        irregularity;
            ``(V) the number of cases discovered in which there was a 
        misuse of funds;
            ``(VI) how any such cases of misuse of funds were dealt 
        with by the Commissioner;
            ``(VII) the final disposition of such cases of misuse of 
        funds, including any criminal penalties imposed; and
            ``(VIII) such other information as the Commissioner deems 
        appropriate.''.

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

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

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

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

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

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

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

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

SEC. 107. SURVEY OF USE OF PAYMENTS BY REPRESENTATIVE PAYEES.

    (a) In General.--Section 1110 of the Social Security Act (42 U.S.C. 
1310) is amended by adding at the end the following:
    ``(c) Notwithstanding subsection (a)(1), of the amount appropriated 
to carry out that subsection for fiscal year 2004, $17,800,000 of such 
amount shall be transferred and made available to the Inspector General 
of the Social Security Administration for purposes of conducting a 
statistically significant survey to determine how payments made to 
individuals, organizations, and State or local government agencies that 
are representative payees for benefits paid under title II or XVI are 
being managed and used on behalf of the beneficiaries for whom such 
benefits are paid. Not later than February 1, 2005, the Inspector 
General of the Social Security Administration shall submit a report on 
the survey conducted in accordance with this subsection to the 
Committee on Ways and Means of the House of Representatives and the 
Committee on Finance of the Senate.''.

                        Subtitle B--Enforcement

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

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

                     TITLE II--PROGRAM PROTECTIONS

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

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

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

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

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

    (a) In General.--Section 202(x) of the Social Security Act (42 
U.S.C. 402(x)) is amended--
            (1) in the heading, by striking ``Prisoners'' and all that 
        follows and inserting the following: ``Prisoners, Certain Other 
        Inmates of Publicly Funded Institutions, Fugitives, 
        Probationers, and Parolees'';
            (2) in paragraph (1)(A)(ii)(IV), by striking ``or'' at the 
        end;
            (3) in paragraph (1)(A)(iii), by striking the period at the 
        end and inserting a comma;
            (4) by inserting after paragraph (1)(A)(iii) the following:
            ``(iv) is fleeing to avoid prosecution, or custody or 
        confinement after conviction, under the laws of the place from 
        which the person flees, for a crime, or an attempt to commit a 
        crime, which is a felony under the laws of the place from which 
        the person flees, or, in jurisdictions that do not define 
        crimes as felonies, is punishable by death or imprisonment for 
        a term exceeding 1 year regardless of the actual sentence 
        imposed, and a Federal, State, or local law enforcement agency 
        has notified the Commissioner that such agency intends to 
        pursue the individual by seeking arrest, extradition, or 
        prosecution, or
            ``(v) is violating a condition of probation or parole 
        imposed under Federal or State law, and a Federal, State, or 
        local law enforcement agency has notified the Commissioner that 
        such agency intends to seek revocation of the individual's 
        probation or parole.
In the case of an individual from whom such monthly benefits have been 
withheld pursuant to clause (iv) or (v), the Commissioner of Social 
Security may, for good cause shown, pay such withheld benefits to the 
individual.''; and
            (5) in paragraph (3), by adding at the end the following:
    ``(C) Notwithstanding the provisions of section 552a of title 5, 
United States Code, or any other provision of Federal or State law 
(other than section 6103 of the Internal Revenue Code of 1986 and 
section 1106(c) of this Act), the Commissioner shall furnish any 
Federal, State, or local law enforcement officer, upon the written 
request of the officer, with the current address, Social Security 
number, and photograph (if applicable) of any beneficiary under this 
title, if the officer furnishes the Commissioner with the name of the 
beneficiary, and other identifying information as reasonably required 
by the Commissioner to establish the unique identity of the 
beneficiary, and notifies the Commissioner that--
            ``(i) the beneficiary is described in clause (iv) or (v) of 
        paragraph (1)(A);
            ``(ii) the Commissioner has information with respect to the 
        beneficiary that is necessary for the officer to conduct the 
        officer's official duties; and
            ``(iii) the location or apprehension of the beneficiary is 
        within the officer's official duties.''.
    (b) Conforming Amendments to Title XVI.--Section 1611(e) of the 
Social Security Act (42 U.S.C. 1382(e)) is amended--
            (1) in paragraph (4)--
                    (A) in subparagraph (A), by striking ``or which, in 
                the case of the State of 
                New Jersey, is a high misdemeanor under the laws of 
                such State'' and inserting ``or, in jurisdictions that 
                do not define crimes as felonies, is punishable by 
                death or imprisonment for a term exceeding 1 year 
                regardless of the actual sentence imposed, and a 
                Federal, State, or local law enforcement agency has 
                notified the Commissioner of Social Security that the 
                agency intends to pursue the person by seeking arrest, 
                extradition, or prosecution'';
                    (B) in subparagraph (B), by inserting ``and a 
                Federal, State, or local law enforcement agency has 
                notified the Commissioner of Social Security that the 
                agency intends to seek revocation of the person's 
                probation or parole'' after ``law''; and
                    (C) by adding at the end the following sentence 
                after and below subparagraph (B):
``In the case of an individual whose eligibility for a month or months 
has been suspended pursuant to subparagraph (A) or (B), the 
Commissioner of Social Security may, for good cause shown, restore such 
individual's eligibility for all such months.''; and
            (2) in paragraph (5), by striking subparagraphs (A) and (B) 
        and inserting the following:
            ``(A) the recipient is described in subparagraph (A) or (B) 
        of paragraph (4);
            ``(B) the Commissioner has information with respect to the 
        recipient that is necessary for the officer to conduct the 
        officer's official duties; and
            ``(C) the location or apprehension of the recipient is 
        within the officer's official duties.''.
    (c) Conforming Amendment.--Section 804(a)(2) of the Social Security 
Act (42 U.S.C. 1004(a)(2)) is amended by striking ``or which, in the 
case of the State of New Jersey, is a high misdemeanor under the laws 
of such State'' and inserting ``or, in jurisdictions that do not define 
crimes as felonies, is punishable by death or imprisonment for a term 
exceeding 1 year regardless of the actual sentence imposed''.
    (d) Regulations.--Not later than the first day of the first month 
that begins on or after the date that is 9 months after the date of the 
enactment of this Act, the Commissioner of Social Security shall 
promulgate regulations governing payment by the Commissioner, for good 
cause shown, of withheld benefits pursuant to the last sentences of 
sections 202(x)(1)(A) and 1611(e)(4) of the Social Security Act (as 
amended by subsections (a) and (b), respectively).
    (e) Effective Date.--The amendments made by subsection (a) shall 
take effect on the first day of the first month that begins on or after 
the date that is 9 months after the date of the enactment of this Act.

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

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

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

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

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

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

   ``attempts to interfere with administration of social security act

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

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

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

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

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

SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF RESTITUTION.

    (a) Amendments to Title II.--Section 208 of the Social Security Act 
(42 U.S.C. 408) is amended--
            (1) by redesignating subsections (b), (c), and (d) as 
        subsections (c), (d), and (e), respectively; and
            (2) by inserting after subsection (a) the following:
    ``(b) Any Federal court, when sentencing a defendant convicted of 
an offense under subsection (a) that results in the Commissioner of 
Social Security making a benefit payment (or an increase in such a 
payment) that should not have been made, shall consider the 
Commissioner of Social Security a victim of the crime.''.
    (b) Amendments to Title VIII.--Section 807(i) of such Act (42 
U.S.C. 1007(i)) is amended--
            (1) by striking ``(i) Restitution.--In any case where'' and 
        inserting the following:
    ``(i) Restitution.--
            ``(1) In general.--In any case where''; and
            (2) by adding at the end the following:
            ``(2) SSA treated as a victim.--Any Federal court, when 
        sentencing a defendant convicted of an offense that results in 
        the Commissioner of Social Security making a benefit payment 
        (or an increase in such a payment) that should not have been 
        made, shall consider the Commissioner of Social Security a 
        victim of the crime.''.
    (c) Amendments to Title XVI.--Section 1632 of such Act (42 U.S.C. 
1383a) is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following:
    ``(b) Any Federal court, when sentencing a defendant convicted of 
an offense under subsection (a) that results in the Commissioner of 
Social Security making a benefit payment (or an increase in such a 
payment) that should not have been made, shall consider the 
Commissioner of Social Security a victim of the crime.''.
    (d) Special Account for Receipt of Restitution Payments.--Section 
704(b) of such Act (42 U.S.C. 904(b)) is amended by adding at the end 
the following:
    ``(3)(A) Except as provided in subparagraph (B), amounts received 
by the Social Security Administration pursuant to an order of 
restitution under section 208(b), 807(i), or 1632(b) shall be credited 
to a special fund established in the Treasury of the United States for 
amounts so received or recovered. The amounts so credited, to the 
extent and in the amounts provided in advance in appropriations Acts, 
shall be available to defray expenses incurred in carrying out titles 
II, VIII, and XVI.
    ``(B) Subparagraph (A) shall not apply with respect to amounts 
received in connection with misuse by a representative payee (within 
the meaning of sections 205(j), 807, and 1631(a)(2)) of funds paid as 
benefits under title II, VIII, or XVI. Such amounts received in 
connection with misuse of funds paid as benefits under title II shall 
be transferred to the Managing Trustee of the Federal Old-Age and 
Survivors Insurance Trust Fund or the Federal Disability Insurance 
Trust Fund, as determined appropriate by the Commissioner of Social 
Security, and such amounts shall be deposited by the Managing Trustee 
into such Trust Fund. All other such amounts shall be deposited by the 
Commissioner into the general fund of the Treasury as miscellaneous 
receipts.''.
    (e) Effective Date.--The amendments made by subsections (a), (b), 
and (c) shall apply with respect to violations occurring on or after 
the date of the enactment of this Act.

SEC. 210. INFORMATION FOR ADMINISTRATION OF PROVISIONS RELATED TO 
              NONCOVERED EMPLOYMENT.

    (a) Collection.--Paragraph (2) of section 6047(d) of the Internal 
Revenue Code of 1986 (relating to reports by employers, plan 
administrators, etc.) is amended by adding at the end the following new 
sentence: ``In the case of any employer deferred compensation plan (as 
defined in section 3405(e)(5)) of a State, a political subdivision 
thereof, or any agency or instrumentality of either, the Secretary 
shall in such forms or regulations require the identification of any 
designated distribution (as so defined) if paid to any participant or 
beneficiary of such plan based in whole or in part upon an individual's 
earnings for service in the employ of any such governmental entity 
which did not constitute employment (as defined in section 3121(b)).''.
    (b) Disclosure.--Section 6103(l)(1) of the Internal Revenue Code of 
1986 (relating to disclosure of certain returns and return information 
to Social Security Administration and Railroad Retirement Board) is 
amended--
            (1) in subparagraph (B), by striking ``and''; and
            (2) in subparagraph (C), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following:
                    ``(D) any designated distribution described in the 
                second sentence of section 6047(d)(2) to the Social 
                Security Administration for purposes of its 
                administration of the Social Security Act.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to distributions made after December 31, 2003.

SEC. 211. AUTHORITY FOR CROSS-PROGRAM RECOVERY OF BENEFIT OVERPAYMENTS.

    (a) In General.--Section 1147 of the Social Security Act (42 U.S.C. 
1320b-17) is amended to read as follows:

         ``cross-program recovery of overpayments from benefits

    ``(a) In General.--Subject to subsection (b), whenever the 
Commissioner of Social Security determines that more than the correct 
amount of any payment has been made to a person under a program 
described in subsection (e), the Commissioner of Social Security may 
recover the amount incorrectly paid by decreasing any amount which is 
payable to such person under any other program specified in that 
subsection.
    ``(b) Limitation Applicable to Current Benefits.--
            ``(1) In general.--In carrying out subsection (a), the 
        Commissioner of Social Security may not decrease the monthly 
        amount payable to an individual under a program described in 
        subsection (e) that is paid when regularly due--
                    ``(A) in the case of benefits under title II or 
                VIII, by more than 10 percent of the amount of the 
                benefit payable to the person for that month under such 
                title; and
                    ``(B) in the case of benefits under title XVI, by 
                an amount greater than the lesser of--
                            ``(i) the amount of the benefit payable to 
                        the person for that month; or
                            ``(ii) an amount equal to 10 percent of the 
                        person's income for that month (including such 
                        monthly benefit but excluding payments under 
                        title II when recovery is also made from title 
                        II payments and excluding income excluded 
                        pursuant to section 1612(b)).
            ``(2) Exception.--Paragraph (1) shall not apply if--
                    ``(A) the person or the spouse of the person was 
                involved in willful misrepresentation or concealment of 
                material information in connection with the amount 
                incorrectly paid; or
                    ``(B) the person so requests.
    ``(c) No Effect on Eligibility or Benefit Amount Under Title VIII 
or XVI.--In any case in which the Commissioner of Social Security takes 
action in accordance with subsection (a) to recover an amount 
incorrectly paid to any person, neither that person, nor (with respect 
to the program described in subsection (e)(3)) any individual whose 
eligibility for benefits under such program or whose amount of such 
benefits, is determined by considering any part of that person's 
income, shall, as a result of such action--
            ``(1) become eligible for benefits under the program 
        described in paragraph (2) or (3) of subsection (e); or
            ``(2) if such person or individual is otherwise so 
        eligible, become eligible for increased benefits under such 
        program.
    ``(d) Inapplicability of Prohibition Against Assessment and Legal 
Process.--Section 207 shall not apply to actions taken under the 
provisions of this section to decrease amounts payable under titles II 
and XVI.
    ``(e) Programs Described.--The programs described in this 
subsection are the following:
            ``(1) The old-age, survivors, and disability insurance 
        benefits program under title II.
            ``(2) The special benefits for certain World War II 
        veterans program under title VIII.
            ``(3) The supplemental security income benefits program 
        under title XVI (including, for purposes of this section, State 
        supplementary payments paid by the Commissioner pursuant to an 
        agreement under section 1616(a) of this Act or section 212(b) 
        of Public Law 93-66).''.
    (b) Conforming Amendments.--
            (1) Section 204(g) of the Social Security Act (42 U.S.C. 
        404(g)) is amended to read as follows:
    ``(g) For provisions relating to the cross-program recovery of 
overpayments made under programs administered by the Commissioner of 
Social Security, see section 1147.''.
            (2) Section 808 of the Social Security Act (42 U.S.C. 1008) 
        is amended--
                    (A) in subsection (a)(1)--
                            (i) by striking subparagraph (B);
                            (ii) in the matter preceding subparagraph 
                        (A), by striking ``any payment'' and all that 
                        follows through ``under this title'' and 
                        inserting ``any payment under this title''; and
                            (iii) by striking ``; or'' and inserting a 
                        period;
                    (B) by striking subsection (b) and redesignating 
                subsections (c), (d), and (e) as subsections (b), (c), 
                and (d), respectively; and
                    (C) by adding at the end the following:
    ``(e) Cross-Program Recovery of Overpayments.--For provisions 
relating to the cross-program recovery of overpayments made under 
programs administered by the Commissioner of Social Security, see 
section 1147.''.
            (3) Section 1147A of the Social Security Act (42 U.S.C. 
        1320b-18) is repealed.
            (4) Section 1631(b) of the Social Security Act (42 U.S.C. 
        1383(b)) is amended--
                    (A) in paragraph (1)(B)--
                            (i) by striking ``excluding any other'' and 
                        inserting ``excluding payments under title II 
                        when recovery is made from title II payments 
                        pursuant to section 1147 and excluding''; and
                            (ii) by striking ``50 percent of''; and
                    (B) by striking paragraph (6) and inserting the 
                following:
    ``(6) For provisions relating to the cross-program recovery of 
overpayments made under programs administered by the Commissioner of 
Social Security, see section 1147.''.
    (c) Effective Date.--The amendments and repeal made by this section 
shall take effect on the date of enactment of this Act, and shall be 
effective with respect to overpayments under titles II, VIII, and XVI 
of the Social Security Act that are outstanding on or after such date.

SEC. 212. PROHIBITION ON PAYMENT OF TITLE II BENEFITS TO PERSONS NOT 
              AUTHORIZED TO WORK IN THE UNITED STATES.

    (a) Fully Insured and Currently Insured Individuals.--Section 214 
(42 U.S.C. 414) is amended--
            (1) in subsection (a), by inserting before the period at 
        the end the following: ``, and who satisfies the criterion 
        specified in subsection (c)'';
            (2) in subsection (b), by inserting before the period at 
        the end the following: ``, and who satisfies the criterion 
        specified in subsection (c)''; and
            (3) by adding at the end the following:
    ``(c) For purposes of subsections (a) and (b), the criterion 
specified in this subsection is that the individual, if not a United 
States citizen or national, has been assigned a social security account 
number that was, at the time of assignment, or at any later time, 
consistent with the requirements of subclause (I) or (III) of section 
205(c)(2)(B)(i).''.
    (b) Disability Benefits.--Section 223(a)(1) of the Social Security 
Act (42 U.S.C. 423(a)(1)) is amended--
            (1) by redesignating subparagraphs (C) and (D) as 
        subparagraphs (D) and (E), respectively; and
            (2) by inserting after subparagraph (B), the following:
            ``(C) if not a United States citizen or national, has been 
        assigned a social security account number that was, at the time 
        of assignment, or at any later time, consistent with the 
        requirements of subclause (I) or (III) of section 
        205(c)(2)(B)(i),''.
    (c) Effective Date.--The amendments made by this section apply to 
benefit applications filed on or after January 1, 2004.

   TITLE III--ATTORNEY REPRESENTATIVE FEE PAYMENT SYSTEM IMPROVEMENTS

SEC. 301. CAP ON ATTORNEY ASSESSMENTS.

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

SEC. 302. GAO STUDY REGARDING FEE PAYMENT PROCESS FOR CLAIMANT 
              REPRESENTATIVES.

    (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States shall study and evaluate the appointment and payment of 
        claimant representatives under titles II and XVI of the Social 
        Security Act (42 U.S.C. 401 et seq., 1381 et seq.).
            (2) Consultation required.--The Comptroller General shall 
        consult with beneficiaries under title II of such Act, 
        beneficiaries under title XVI of such Act, claimant 
        representatives of beneficiaries under such titles, and other 
        interested parties, in conducting the study and evaluation 
        required under paragraph (1).
    (b) Report.--Not later than 2 years after the date of enactment of 
this Act, the Comptroller General shall submit to the Committee on Ways 
and Means of the House of Representatives and the Committee on Finance 
of the Senate a report that includes the following:
            (1) A survey of the relevant characteristics of claimant 
        representatives that provides statistically significant results 
        for characteristics which include (but are not limited to)--
                    (A) qualifications and experience;
                    (B) the type of employment of such representatives, 
                such as with an advocacy group, State or local 
                government, or insurance or other company;
                    (C) geographical distribution between urban and 
                rural areas;
                    (D) the nature of claimants' cases, such as whether 
                the cases are for disability insurance benefits only, 
                supplemental security income benefits only, or 
                concurrent benefits;
                    (E) the relationship of such representatives to 
                claimants, such as whether the representative is a 
                friend, family member, or client of the claimant; and
                    (F) the amount of compensation (if any) paid to the 
                representatives and the method of payment of such 
                compensation.
            (2) An assessment of the quality and effectiveness of the 
        services provided by claimant representatives, including a 
        comparison of claimant satisfaction or complaints and benefit 
        outcomes, adjusted for differences in representatives' 
        caseload, claimants' diagnostic group, level of decision, and 
        other relevant factors.
            (3) An assessment of the costs and benefits of the 
        appointment and payment of representatives with respect to 
        claimant satisfaction or complaints, benefit outcomes, and 
        program administration.
            (4) An assessment of the potential results, including the 
        effect on claimants and program administration, of extending to 
        title XVI of the Social Security Act the fee withholding 
        procedures which apply under title II of that Act and of 
        allowing non-attorney representatives to be subject to any fee 
        withholding procedures applicable under title II and XVI of 
        such Act, and whether the rules and procedures employed by the 
        Commissioner of Social Security to evaluate the qualifications 
        and performance of claimant representatives should be revised 
        prior to any extensions of fee withholding.

            TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS

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

SEC. 401. ELIMINATION OF DEMONSTRATION AUTHORITY SUNSET DATE.

    Section 234(d)(2) of the Social Security Act (42 U.S.C. 434(d)(2)) 
is amended--
            (1) in the paragraph heading, by striking ``Termination and 
        final'' and inserting ``Final''; and
            (2) by striking the first sentence.

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

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

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

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

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

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

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

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

SEC. 406. GAO STUDY REGARDING THE TICKET TO WORK AND SELF-SUFFICIENCY 
              PROGRAM.

    (a) GAO Report.--Not later than 12 months after the date of 
enactment of this Act, the Comptroller General of the United States 
shall submit a report to Congress regarding the Ticket to Work and 
Self-Sufficiency Program established under section 1148 of the Social 
Security Act (42 U.S.C. 1320b-19) that--
            (1) examines the annual and interim reports issued by 
        States, the Ticket to Work and Work Incentives Advisory Panel 
        established under section 101(f) of the Ticket to Work and Work 
        Incentives Improvement Act of 1999 (42 U.S.C. 1320b-19 note), 
        and the Commissioner of Social Security regarding such program;
            (2) assesses the effectiveness of the activities carried 
        out under such program; and
            (3) recommends such legislative or administrative changes 
        as the Comptroller General determines are appropriate to 
        improve the effectiveness of such program.

                  Subtitle B--Miscellaneous Amendments

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

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

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

    (a) In General.--Section 202(n) of the Social Security Act (42 
U.S.C. 402(n)) is amended--
            (1) in paragraph (1), by striking ``section 241(a) (other 
        than under paragraph (1)(C) or (1)(E) thereof) of the 
        Immigration and Nationality Act'' and inserting ``section 
        237(a) of the Immigration and Nationality Act (other than under 
        paragraph (1)(C) of such section) or under section 212(a)(6)(A) 
        of such Act'';
            (2) in paragraph (2), by striking ``section 241(a) of the 
        Immigration and Nationality Act (other than under paragraph 
        (1)(C) or (1)(E) thereof)'' and inserting ``section 237(a) of 
        the Immigration and Nationality Act (other than under paragraph 
        (1)(C) of such section) or under section 212(a)(6)(A) of such 
        Act'';
            (3) in paragraph (3), by striking ``paragraph (19) of 
        section 241(a) of the Immigration and Nationality Act (relating 
        to persecution of others on account of race, religion, national 
        origin, or political opinion, under the direction of or in 
        association with the Nazi government of Germany or its allies) 
        shall be considered to have been deported under such paragraph 
        (19)'' and inserting ``paragraph (4)(D) of section 241(a) of 
        the Immigration and Nationality Act (relating to participating 
        in Nazi persecutions or genocide) shall be considered to have 
        been deported under such paragraph (4)(D)''; and
            (4) in paragraph (3) (as amended by paragraph (3) of this 
        subsection), by striking ``241(a)'' and inserting ``237(a)''.
    (b) Technical Corrections.--
            (1) Terminology regarding removal from the united states.--
        Section 202(n) of the Social Security Act (42 U.S.C. 402(n)) 
        (as amended by subsection (a)) is amended further--
                    (A) by striking ``deportation'' each place it 
                appears and inserting ``removal'';
                    (B) by striking ``deported'' each place it appears 
                and inserting ``removed''; and
                    (C) in the heading, by striking ``Deportation'' and 
                inserting ``Removal''.
            (2) References to the secretary of homeland security.--
        Section 202(n) of the Social Security Act (42 U.S.C. 402(n)) 
        (as amended by subsection (a) and paragraph (1)) is amended 
        further by inserting ``or the Secretary of Homeland Security'' 
        after ``the Attorney General'' each place it appears.
    (c) Effective Dates.--
            (1) In general.--The amendment made by--
                    (A) subsection (a)(1) shall apply to individuals 
                with respect to whom the Commissioner of Social 
                Security receives a removal notice after the date of 
                the enactment of this Act;
                    (B) subsection (a)(2) shall apply with respect to 
                notifications of removals received by the Commissioner 
                of Social Security after the date of enactment of this 
                Act; and
                    (C) subsection (a)(3) shall be effective as if 
                enacted on March 1, 1991.
            (2) Subsequent correction of cross-reference and 
        terminology.--The amendments made by subsections (a)(4) and 
        (b)(1) shall be effective as if enacted on April 1, 1997.
            (3) References to the secretary of homeland security.--The 
        amendment made by subsection (b)(2) shall be effective as if 
        enacted on March 1, 2003.

SEC. 413. REINSTATEMENT OF CERTAIN REPORTING REQUIREMENTS.

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

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

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

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

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

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

    (a) In General.--Section 218(d)(6)(C) of the Social Security Act 
(42 U.S.C. 418(d)(6)(C)) is amended by striking ``the State of Alaska, 
California, Connecticut, Florida, Georgia, Illinois, Massachusetts, 
Minnesota, Nevada, New Jersey, New Mexico, New York, North Dakota, 
Pennsylvania, Rhode Island, Tennessee, Texas, Vermont, Washington, 
Wisconsin, or Hawaii'' and inserting ``a State''.
    (b) Effective Date.--The amendment made by subsection (a) takes 
effect on January 1, 2003.

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

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

                 ``Compensation, Expenses, and Per Diem

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

SEC. 418. 60-MONTH PERIOD OF EMPLOYMENT REQUIREMENT FOR GOVERNMENT 
              PENSION OFFSET EXEMPTION.

    (a) Wife's Insurance Benefits.--Section 202(b)(4) of the Social 
Security Act (42 U.S.C. 402(b)(4)) is amended--
            (1) in subparagraph (A), by striking ``if, on the last day 
        she was employed by such entity'' and inserting ``if, during 
        any portion of such service''; and
            (2) in subparagraph (B)--
                    (A) in clause (ii), by striking ``Subparagraph 
                (A)(ii)'' and inserting ``Clauses (i) and (ii) of 
                subparagraph (A)''; and
                    (B) by adding at the end the following:
    ``(iii) Subparagraph (A)(i) shall not apply with respect to monthly 
periodic benefits based in whole or in part on service which 
constituted `employment' as defined in section 210 pursuant to an 
agreement executed with the Commissioner of Social Security under 
section 218, provided that the wife (or divorced wife) was employed in 
such service--
            ``(I) on the date of enactment of this clause and such 
        service was continuous throughout the 60-month period ending on 
        the last day the wife (or divorced wife) was employed in the 
        service of the State (or political subdivision thereof, as 
        defined in section 218(b)(2)), or
            ``(II) in the case of such an agreement that was executed 
        by the Commissioner of Social Security after the date of 
        enactment of this clause, on the date such an agreement was 
        executed by the Commissioner of Social Security and such 
        service was continuous throughout the 60-month period ending on 
        the last day the wife (or divorced wife) was employed in the 
        service of the State (or political subdivision thereof, as so 
        defined).''.
    (b) Husband's Insurance Benefits.--Section 202(c)(2) of such Act 
(42 U.S.C. 402(c)(2)) is amended--
            (1) in subparagraph (A), by striking ``if, on the last day 
        he was employed by such entity'' and inserting ``if, during any 
        portion of such service''; and
            (2) in subparagraph (B)--
                    (A) in clause (ii), by striking ``Subparagraph 
                (A)(ii)'' and inserting ``Clauses (i) and (ii) of 
                subparagraph (A)''; and
                    (B) by adding at the end the following:
    ``(iii) Subparagraph (A)(i) shall not apply with respect to monthly 
periodic benefits based in whole or in part on service which 
constituted `employment' as defined in section 210 pursuant to an 
agreement executed with the Commissioner of Social Security under 
section 218, provided that the husband (or divorced husband) was 
employed in such service--
            ``(I) on the date of enactment of this clause and such 
        service was continuous throughout the 60-month period ending on 
        the last day the husband (or divorced husband) was employed in 
        the service of the State (or political subdivision thereof, as 
        defined in section 218(b)(2)), or
            ``(II) in the case of such an agreement that was executed 
        by the Commissioner of Social Security after the date of 
        enactment of this clause, on the date such an agreement was 
        executed by the Commissioner of Social Security and such 
        service was continuous throughout the 60-month period ending on 
        the last day the husband (or divorced husband) was employed in 
        the service of the State (or political subdivision thereof, as 
        so defined).''.
    (c) Widow's Insurance Benefits.--Section 202(e)(7) of such Act (42 
U.S.C. 402(e)(7)) is amended--
            (1) in subparagraph (A), by striking ``if, on the last day 
        she was employed by such entity'' and inserting ``if, during 
        any portion of such service''; and
            (2) in subparagraph (B)--
                    (A) in clause (ii), by striking ``Subparagraph 
                (A)(ii)'' and inserting ``Clauses (i) and (ii) of 
                subparagraph (A)''; and
                    (B) by adding at the end the following:
    ``(iii) Subparagraph (A)(i) shall not apply with respect to monthly 
periodic benefits based in whole or in part on service which 
constituted `employment' as defined in section 210 pursuant to an 
agreement executed with the Commissioner of Social Security under 
section 218, provided that the widow (or surviving divorced wife) was 
employed in such service--
            ``(I) on the date of enactment of this clause and such 
        service was continuous throughout the 60-month period ending on 
        the last day the widow (or surviving divorced wife) was 
        employed in the service of the State (or political subdivision 
        thereof, as defined in section 218(b)(2)), or
            ``(II) in the case of such an agreement that was executed 
        by the Commissioner of Social Security after the date of 
        enactment of this clause, on the date such an agreement was 
        executed by the Commissioner of Social Security and such 
        service was continuous throughout the 60-month period ending on 
        the last day the widow (or surviving divorced wife) was 
        employed in the service of the State (or political subdivision 
        thereof, as so defined).''.
    (d) Widower's Insurance Benefits.--Section 202(f)(2) of such Act 
(42 U.S.C. 402(f)(2)) is amended--
            (1) in subparagraph (A), by striking ``if, on the last day 
        he was employed by such entity'' and inserting ``if, during any 
        portion of such service''; and
            (2) in subparagraph (B)--
                    (A) in clause (ii), by striking ``Subparagraph 
                (A)(ii)'' and inserting ``Clauses (i) and (ii) of 
                subparagraph (A)''; and
                    (B) by adding at the end the following:
    ``(iii) Subparagraph (A)(i) shall not apply with respect to monthly 
periodic benefits based in whole or in part on service which 
constituted `employment' as defined in section 210 pursuant to an 
agreement executed with the Commissioner of Social Security under 
section 218, provided that the widower (or surviving divorced husband) 
was employed in such service--
            ``(I) on the date of enactment of this clause and such 
        service was continuous throughout the 60-month period ending on 
        the last day the widower (or surviving divorced husband) was 
        employed in the service of the State (or political subdivision 
        thereof, as defined in section 218(b)(2)), or
            ``(II) in the case of such an agreement that was executed 
        by the Commissioner of Social Security after the date of 
        enactment of this clause, on the date such an agreement was 
        executed by the Commissioner of Social Security and such 
        service was continuous throughout the 60-month period ending on 
        the last day the widower (or surviving divorced husband) was 
        employed in the service of the State (or political subdivision 
        thereof, as so defined).''.
    (e) Mother's and Father's Insurance Benefits.--Section 202(g)(4) of 
the such Act (42 U.S.C. 402(g)(4)) is amended--
            (1) in subparagraph (A), by striking ``if, on the last day 
        the individual was employed by such entity'' and inserting 
        ``if, during any portion of such service''; and
            (2) in subparagraph (B)--
                    (A) in clause (ii), by striking ``Subparagraph 
                (A)(ii)'' and inserting ``Clauses (i) and (ii) of 
                subparagraph (A)''; and
                    (B) by adding at the end the following:
    ``(iii) Subparagraph (A)(i) shall not apply with respect to monthly 
periodic benefits based in whole or in part on service which 
constituted `employment' as defined in section 210 pursuant to an 
agreement executed with the Commissioner of Social Security under 
section 218, provided that the individual was employed in such 
service--
            ``(I) on the date of enactment of this clause and such 
        service was continuous throughout the 60-month period ending on 
        the last day the individual was employed in the service of the 
        State (or political subdivision thereof, as defined in section 
        218(b)(2)), or
            ``(II) in the case of such an agreement that was executed 
        by the Commissioner of Social Security after the date of 
        enactment of this clause, on the date such an agreement was 
        executed by the Commissioner of Social Security and such 
        service was continuous throughout the 60-month period ending on 
        the last day the individual was employed in the service of the 
        State (or political subdivision thereof, as so defined).''.
    (f) Effective Date.--The amendments made by this section shall 
apply with respect to applications for benefits under title II of the 
Social Security Act filed on or after the first day of the first month 
that begins after the date of the enactment of this Act, except that 
such amendments shall not apply with respect to applications for 
benefits under title II of the Social Security Act based on earnings 
while in the service of any State (or political subdivision thereof, as 
defined in section 218(b)(2) of the Social Security Act)--
            (1) if the last day of such service occurs before December 
        31, 2003, or
            (2) in any case in which the last day of such service 
        occurs before June 30, 2004, subject to a contract for such 
        service entered into prior to September 30, 2003.

SEC. 419. POST-1956 MILITARY WAGE CREDITS.

    (a) Payment to the Social Security Trust Funds in Satisfaction of 
Outstanding Obligations.--Section 201 of the Social Security Act (42 
U.S.C. 401) is amended by adding at the end the following:
    ``(n) Not later than July 1, 2004, the Secretary of the Treasury 
shall transfer, from amounts in the general fund of the Treasury that 
are not otherwise appropriated--
            ``(1) $624,971,854 to the Federal Old-Age and Survivors 
        Insurance Trust Fund;
            ``(2) $105,379,671 to the Federal Disability Insurance 
        Trust Fund; and
            ``(3) $173,306,134 to the Federal Hospital Insurance Trust 
        Fund.
Amounts transferred in accordance with this subsection shall be in 
satisfaction of certain outstanding obligations for deemed wage credits 
for 2000 and 2001.''.
    (b) Conforming Amendments.--
            (1) Repeal of authority for annual appropriations and 
        related adjustments to compensate the social security trust 
        fund for military wage credits.--Section 229 of the Social 
        Security Act (42 U.S.C. 429) is amended--
                    (A) by striking ``(a)''; and
                    (B) by striking subsection (b).
            (2) Amendment to reflect the termination of wage credits 
        effective after calendar year 2001 by section 8134 of public 
        law 107-117.--Section 229(a)(2) of the Social Security Act (42 
        U.S.C. 429(a)(2)), as amended by paragraph (1), is amended by 
        inserting ``and before 2002'' after ``1977''.

                    Subtitle C--Technical Amendments

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

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

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

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

SEC. 423. TECHNICAL CORRECTIONS RELATING TO DOMESTIC EMPLOYMENT.

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

SEC. 424. TECHNICAL CORRECTIONS OF OUTDATED REFERENCES.

    (a) Correction of Citation Respecting the Tax Deduction Relating to 
Health Insurance Costs of Self-Employed Individuals.--Section 
211(a)(15) of the Social Security Act (42 U.S.C. 411(a)(15)) is amended 
by striking ``section 162(m)'' and inserting ``section 162(l)''.
    (b) Elimination of Reference to Obsolete 20-Day Agricultural Work 
Test.--Section 3102(a) of the Internal Revenue Code of 1986 is amended 
by striking ``and the employee has not performed agricultural labor for 
the employer on 20 days or more in the calendar year for cash 
remuneration computed on a time basis''.

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

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

SEC. 426. TECHNICAL AMENDMENTS TO THE RAILROAD RETIREMENT AND 
              SURVIVORS' IMPROVEMENT ACT OF 2001.

    (a) Quorum Rules.--Section 15(j)(7) of the Railroad Retirement Act 
of 1974 (45 U.S.C. 231n(j)(7)) is amended by striking ``entire Board of 
Trustees'' and inserting ``Trustees then holding office''.
    (b) Powers of the Board of Trustees.--Section 15(j)(4) of the 
Railroad Retirement Act of 1974 (45 U.S.C. 231n(j)(4)) is amended to 
read as follows:
            ``(4) Powers of the board of trustees.--The Board of 
        Trustees shall--
                    ``(A) retain independent advisers to assist it in 
                the formulation and adoption of its investment 
                guidelines;
                    ``(B) invest assets of the Trust in a manner 
                consistent with such investment guidelines, either 
                directly or through the retention of independent 
                investment managers;
                    ``(C) adopt bylaws and other rules to govern its 
                operations;
                    ``(D) employ professional staff, and contract with 
                outside advisers, including the Railroad Retirement 
                Board, to provide legal, accounting, investment 
                advisory or management services (compensation for which 
                may be on a fixed contract fee basis or on such other 
                terms as are customary for such services), or other 
                services necessary for the proper administration of the 
                Trust;
                    ``(E) sue and be sued and participate in legal 
                proceedings, have and use a seal, conduct business, 
                carry on operations, and exercise its powers within or 
                without the District of Columbia, form, own, or 
                participate in entities of any kind, enter into 
                contracts and agreements necessary to carry out its 
                business purposes, lend money for such purposes, and 
                deal with property as security for the payment of funds 
                so loaned, and possess and exercise any other powers 
                appropriate to carry out the purposes of the Trust;
                    ``(F) pay administrative expenses of the Trust from 
                the assets of the Trust; and
                    ``(G) transfer money to the disbursing agent or as 
                otherwise provided in section 7(b)(4), to pay benefits 
                payable under this Act from the assets of the Trust.''.
    (c) State and Local Taxes.--Section 15(j)(6) of the Railroad 
Retirement Act of 1974 (45 U.S.C. 231n(j)(6)) is amended to read as 
follows:
            ``(6) State and local taxes.--The Trust shall be exempt 
        from any income, sales, use, property, or other similar tax or 
        fee imposed or levied by a State, political subdivision, or 
        local taxing authority. The district courts of the United 
        States shall have original jurisdiction over a civil action 
        brought by the Trust to enforce this subsection and may grant 
        equitable or declaratory relief requested by the Trust.''.
    (d) Funding.--Section 15(j)(8) of the Railroad Retirement Act of 
1974 (45 U.S.C. 231n(j)(8)) is repealed.
    (e) Transfers.--
            (1) Section 15(k) of the Railroad Retirement Act of 1974 
        (45 U.S.C. 231n(k)) is amended by adding at the end the 
        following: ``At the direction of the Railroad Retirement Board, 
        the National Railroad Retirement Investment Trust shall 
        transfer funds to the Railroad Retirement Account.''.
            (2) Section 15A(d)(2) of the Railroad Retirement Act of 
        1974 (45 U.S.C. 231n-1(d)(2)) is amended--
                    (A) by inserting ``or the Railroad Retirement 
                Account'' after ``National Railroad Retirement 
                Investment Trust'' the second place it appears;
                    (B) by inserting ``or the Railroad Retirement 
                Board'' after ``National Railroad Retirement Investment 
                Trust'' the third place it appears;
                    (C) by inserting ``(either directly or through a 
                commingled account consisting only of such 
                obligations)'' after ``United States'' the first place 
                it appears; and
                    (D) in the third sentence, by inserting before the 
                period at the end the following: ``or to purchase such 
                additional obligations''.
            (3) Paragraph (4)(B)(ii) of section 7(b) of the Railroad 
        Retirement Act of 1974 (45 U.S.C. 231f(b)(4)(B)(ii)) is amended 
        by inserting ``quarterly or at such other times as the Railroad 
        Retirement Board and the Board of Trustees of the National 
        Railroad Retirement Investment Trust may mutually agree'' after 
        ``amounts'' the second place it appears.
    (f) Clerical Amendments.--Section 15(j)(5) of the Railroad 
Retirement Act of 1974 (45 U.S.C. 231n(j)(5)) is amended--
            (1) in subparagraph (B), by striking ``trustee's'' each 
        place it appears and inserting ``Trustee's'';
            (2) in subparagraph (C), by striking ``trustee'' and 
        ``trustees'' each place it appears and inserting ``Trustee'' 
        and ``Trustees'', respectively; and
            (3) in the matter preceding clause (i) of subparagraph (D), 
        by striking ``trustee'' and inserting ``Trustee''.

              Subtitle D--Amendments Related to Title XVI

SEC. 430. EXCLUSION FROM INCOME FOR CERTAIN INFREQUENT OR IRREGULAR 
              INCOME AND CERTAIN INTEREST OR DIVIDEND INCOME.

    (a) Infrequent or Irregular Income.--Section 1612(b)(3) of the 
Social Security Act (42 U.S.C. 1382a(b)(3)) is amended to read as 
follows--
            ``(3) in any calendar quarter, the first--
                    ``(A) $60 of unearned income, and
                    ``(B) $30 of earned income,
        of such individual (and such spouse, if any) which, as 
        determined in accordance with criteria prescribed by the 
        Commissioner of Social Security, is received too infrequently 
        or irregularly to be included;''.
    (b) Interest or Dividend Income.--Section 1612(b) of the Social 
Security Act (42 U.S.C. 1382a(b)) is amended--
            (1) in paragraph (21), by striking ``and'' at the end;
            (2) in paragraph (22), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following:
            ``(23) interest or dividend income from resources--
                    ``(A) not excluded under section 1613(a), or
                    ``(B) excluded pursuant to Federal law other than 
                section 1613(a).''.
    (c) Effective Date.--The amendments made by this section shall be 
effective with respect to benefits payable for months in calendar 
quarters that begin more than 90 days after the date of the enactment 
of this Act.

SEC. 431. UNIFORM 9-MONTH RESOURCE EXCLUSION PERIODS.

    (a) Underpayments of Benefits.--Section 1613(a)(7) of the Social 
Security Act (42 U.S.C. 1382b(a)(7)) is amended--
            (1) by striking ``6'' and inserting ``9''; and
            (2) by striking ``(or to the first 9 months following such 
        month with respect to any amount so received during the period 
        beginning October 1, 1987, and ending September 30, 1989)''.
    (b) Advanceable Tax Credits.--Section 1613(a)(11) of the Social 
Security Act (42 U.S.C. 1382b(a)(11)) is amended to read as follows:
            ``(11) for the 9-month period beginning after the month in 
        which received--
                    ``(A) notwithstanding section 203 of the Economic 
                Growth and Tax Relief Reconciliation Act of 2001, any 
                refund of Federal income taxes made to such individual 
                (or such spouse) under section 24 of the Internal 
                Revenue Code of 1986 (relating to child tax credit) by 
                reason of subsection (d) thereof; and
                    ``(B) any refund of Federal income taxes made to 
                such individual (or such spouse) by reason of section 
                32 of the Internal Revenue Code of 1986 (relating to 
                earned income tax credit), and any payment made to such 
                individual (or such spouse) by an employer under 
                section 3507 of such Code (relating to advance payment 
                of earned income credit);''.
    (c) Effective Date.--The amendments made by this section shall take 
effect on the date of enactment of this Act, and shall apply to amounts 
described in paragraph (7) of section 1613(a) of the Social Security 
Act and refunds of Federal income taxes described in paragraph (11) of 
such section, that are received by an eligible individual or eligible 
spouse on or after such date.

SEC. 432. MODIFICATION OF DEDICATED ACCOUNT REQUIREMENTS.

    (a) In General.--Section 1631(a)(2)(F) of the Social Security Act 
(42 U.S.C. 1383(a)(2)(F)) is amended--
            (1) in clause (ii)(II)--
                    (A) in item (ff), by striking ``or'' at the end;
                    (B) by redesignating item (gg) as item (hh);
                    (C) by inserting after item (ff) the following:
            ``(gg) reimbursement of expenditures incurred by the 
        representative payee that are for the good of such individual; 
        or''; and
                    (D) in the matter following item (hh) (as 
                redesignated by subparagraph (B)), by striking ``(gg), 
                is related to the impairment (or combination of 
                impairments)'' and inserting ``(hh), is expended for 
                the good''; and
            (2) in clause (iv), by inserting ``, including with respect 
        to allowable expenses paid from the account in accordance with 
        clause (ii)(II)'' before the period.
    (b) Effective Date.--The amendments made by this section take 
effect on January 1, 2004, and apply with respect to allowable expenses 
incurred or accounts established on or after that date.

SEC. 433. ELIMINATION OF CERTAIN RESTRICTIONS ON THE APPLICATION OF THE 
              STUDENT EARNED INCOME EXCLUSION.

    (a) In General.--Section 1612(b)(1) of the Social Security Act (42 
U.S.C. 1382a(b)(1)) is amended by striking ``a child who'' and 
inserting ``under the age of 22 and''.
    (b) Effective Date.--The amendment made by this section shall be 
effective with respect to benefits payable for months that begin on or 
after 1 year after the date of enactment of this Act.

SEC. 434. EXCLUSION OF AMERICORPS AND OTHER VOLUNTEER BENEFITS FOR 
              PURPOSES OF DETERMINING SUPPLEMENTAL SECURITY INCOME 
              ELIGIBILITY AND BENEFIT AMOUNTS AND SOCIAL SECURITY 
              DISABILITY INSURANCE ENTITLEMENT.

    (a) In General.--
            (1) SSI.--
                    (A) Income.--Section 1612(b) of the Social Security 
                Act (42 U.S.C. 1382a(b)) (as amended by section 
                430(a)(2)) is amended--
                            (i) in paragraph (22), by striking ``and'' 
                        at the end;
                            (ii) in paragraph (23), by striking the 
                        period and inserting ``; and''; and
                            (iii) by adding at the end the following:
            ``(24) any cash or in-kind benefit conferred upon (or paid 
        on behalf of) an individual serving as a volunteer or 
        participant in a program administered by the Corporation for 
        National and Community Service for service in such program.''.
                    (B) Substantial gainful activity.--Section 
                1614(a)(3) of the Social Security Act (42 U.S.C. 
                1382c(a)(3)) is amended by adding at the end the 
                following:
    ``(K) In determining under subparagraph (A) when services performed 
or earnings derived from services demonstrate an individual's ability 
to engage in substantial gainful activity, the Commissioner of Social 
Security shall disregard services performed as a volunteer or 
participant in any program administered by the Corporation for National 
and Community Service, and any earnings derived from such service.''.
            (2) SSDI.--Section 223(d)(4) of such Act (42 U.S.C. 
        423(d)(4)) is amended by adding at the end the following:
    ``(C) In determining under subparagraph (A) when services performed 
or earnings derived from services demonstrate an individual's ability 
to engage in substantial gainful activity, the Commissioner of Social 
Security shall disregard services performed as a volunteer or 
participant in any program administered by the Corporation for National 
and Community Service, and any earnings derived from such service.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to benefits payable for months beginning on or after 60 days 
after the date of enactment of this Act.

SEC. 435. EXCEPTION TO RETROSPECTIVE MONTHLY ACCOUNTING FOR 
              NONRECURRING INCOME.

    (a) In General.--Section 1611(c) of the Social Security Act (42 
U.S.C. 1382(c)) is amended by adding at the end the following:
    ``(9)(A) Notwithstanding paragraphs (1) and (2), any nonrecurring 
income which is paid to an individual in the first month of any period 
of eligibility shall be taken into account in determining the amount of 
the benefit under this title of such individual (and his eligible 
spouse, if any) only for that month, and shall not be taken into 
account in determining the amount of the benefit for any other month.
    ``(B) For purposes of subparagraph (A), payments to an individual 
in varying amounts from the same or similar source for the same or 
similar purpose shall not be considered to be nonrecurring income.''.
    (b) Deletion of Obsolete Material.--Section 1611(c)(2)(B) of the 
Social Security Act (42 U.S.C. 1382(c)(2)(B)) is amended to read as 
follows:
            ``(B) in the case of the first month following a period of 
        ineligibility in which eligibility is restored after the first 
        day of such month, bear the same ratio to the amount of the 
        benefit which would have been payable to such individual if 
        eligibility had been restored on the first day of such month as 
        the number of days in such month including and following the 
        date of restoration of eligibility bears to the total number of 
        days in such month.''.
    (c) Effective Date.--The amendments made by this section shall be 
effective with respect to benefits payable for months that begin on or 
after 1 year after the date of enactment of this Act.

SEC. 436. REMOVAL OF RESTRICTION ON PAYMENT OF BENEFITS TO CHILDREN WHO 
              ARE BORN OR WHO BECOME BLIND OR DISABLED AFTER THEIR 
              MILITARY PARENTS ARE STATIONED OVERSEAS.

    (a) In General.--Section 1614(a)(1)(B)(ii) of the Social Security 
Act (42 U.S.C. 1382c(a)(1)(B)(ii)) is amended--
            (1) by inserting ``and'' after ``citizen of the United 
        States,''; and
            (2) by striking ``, and who,'' and all that follows and 
        inserting a period.
    (b) Effective Date.--The amendments made by this section shall be 
effective with respect to benefits payable for months beginning after 
the date of enactment of this Act, but only on the basis of an 
application filed after such date.

SEC. 437. TREATMENT OF EDUCATION-RELATED INCOME AND RESOURCES.

    (a) Exclusion From Income of Gifts Provided for Tuition and Other 
Education-Related Fees.--Section 1612(b)(7) of the Social Security Act 
(42 U.S.C. 1382a(b)(7)) is amended by striking ``or fellowship received 
for use in paying'' and inserting ``fellowship, or gift (or portion of 
a gift) used to pay''.
    (b) Exclusion From Resources for 9 Months of Grants, Scholarships, 
Fellowships, or Gifts Provided for Tuition and Other Education-Related 
Fees.--Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a)) 
(as amended by section 101(c)(2)) is amended--
            (1) in paragraph (13), by striking ``and'' at the end;
            (2) in paragraph (14), by striking the period and inserting 
        ``; and''; and
            (3) by inserting after paragraph (14) the following:
            ``(15) for the 9-month period beginning after the month in 
        which received, any grant, scholarship, fellowship, or gift (or 
        portion of a gift) used to pay the cost of tuition and fees at 
        any educational (including technical or vocational education) 
        institution.''.
    (c) Effective Date.--The amendments made by this section shall 
apply to benefits payable for months that begin more than 90 days after 
the date of enactment of this Act.

SEC. 438. MONTHLY TREATMENT OF UNIFORMED SERVICE COMPENSATION.

    (a) Treatment of Pay as Received When Earned.--Section 1611(c) of 
the Social Security Act (42 U.S.C. 1382(c)), as amended by section 
435(a), is amended by adding at the end the following:
    ``(10) For purposes of this subsection, remuneration for service 
performed as a member of a uniformed service may be treated as received 
in the month in which it was earned, if the Commissioner of Social 
Security determines that such treatment would promote the economical 
and efficient administration of the program authorized by this 
title.''.
    (b) Effective Date.--The amendments made by this section shall 
apply to benefits payable for months that begin more than 90 days after 
the date of enactment of this Act.

SEC. 439. UPDATE OF RESOURCE LIMITS.

    (a) Increase.--Section 1611(a)(3) of the Social Security Act (42 
U.S.C. 1382(a)(3)) is amended--
            (1) in subparagraph (A), by adding at the end the 
        following: ``On January 1, 2004, such dollar amount shall be 
        increased to an amount equal to 150 percent of the dollar 
        amount applicable to an individual described in paragraph 
        (1)(B)(ii).''; and
            (2) in subparagraph (B)--
                    (A) by striking ``and'' the last place it appears; 
                and
                    (B) by inserting ``, and to $3,000 on January 1, 
                2004'' before the period.
    (b) Cost-of-Living Adjustment.--Section 1617(a)(1) of the Social 
Security Act (42 U.S.C. 1382f(a)(1)) is amended by inserting 
``(a)(3)(B),'' before ``(b)(1)''.
    (c) Effective Dates.--
            (1) Increase.--The amendments made by subsection (a) shall 
        take effect on January 1, 2004.
            (2) Cost-of-living adjustment.--The amendment made by 
        subsection (b) shall take effect on January 1, 2005.

SEC. 440. REVIEW OF STATE AGENCY BLINDNESS AND DISABILITY 
              DETERMINATIONS.

    Section 1633 of the Social Security Act (42 U.S.C. 1383b) is 
amended by adding at the end the following:
    ``(e)(1) The Commissioner of Social Security shall review 
determinations, made by State agencies pursuant to subsection (a) in 
connection with applications for benefits under this title on the basis 
of blindness or disability, that individuals who have attained 18 years 
of age are blind or disabled. Any review by the Commissioner of Social 
Security of a State agency determination under this paragraph shall be 
made before any action is taken to implement the determination.
    ``(2)(A) In carrying out paragraph (1), the Commissioner of Social 
Security shall review--
            ``(i) with respect to fiscal year 2004, at least 25 percent 
        of all determinations referred to in paragraph (1) that are 
        made in such year after the later of--
                    ``(I) March 31; and
                    ``(II) the date of enactment of this subsection; 
                and
            ``(ii) with respect to fiscal years after fiscal year 2004, 
        at least 50 percent of all such determinations that are made in 
        each such fiscal year.
    ``(B) In conducting reviews pursuant to subparagraph (A), the 
Commissioner of Social Security shall, to the extent feasible, select 
for review those determinations which the Commissioner of Social 
Security identifies as being the most likely to be incorrect.''.

                                                       Calendar No. 349

108th CONGRESS

  1st Session

                               H. R. 743

                          [Report No. 108-176]

_______________________________________________________________________

                                 AN ACT

To amend the Social Security Act and the Internal Revenue Code of 1986 
 to provide additional safeguards for Social Security and Supplemental 
 Security Income beneficiaries with representative payees, to enhance 
              program protections, and for other purposes.

_______________________________________________________________________

                            October 29, 2003

                       Reported with an amendment
```