110
(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 fol-
lowing: 
‘‘(E) In any case in which the person described in sub-
paragraph (A) or (D) receiving payments on behalf of an-
other 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 indi-
vidual resides in order to receive such payments.’’.
111
(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 fol-
lowing: 
‘‘(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 quali-
fied 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, re-
quire 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 add-
ing 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
112
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 indi-
vidual entitled to the payment, require that such person ap-
pear in person at a field office of the Social Security Ad-
ministration serving the area in which the individual re-
sides 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 enact-
ment of this Act. 
SEC. 107. SURVEY OF USE OF PAYMENTS BY REPRESENTA-
TIVE 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 Secu-
rity Administration for purposes of conducting a statis-
tically significant survey to determine how payments made 
to individuals, organizations, and State or local govern-
ment 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
113
paid. Not later than February 1, 2005, the Inspector Gen-
eral of the Social Security Administration shall submit a 
report on the survey conducted in accordance with this sub-
section 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 RE-
SPECT TO WRONGFUL CONVERSIONS BY REP-
RESENTATIVE PAYEES. 
(a) IN GENERAL.—Section 1129(a) of the Social Secu-
rity 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, con-
verts 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 addi-
tion 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 as-
sessment, in lieu of damages sustained by the United States
114
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 RE-
SPECT 
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 sen-
tence and all that follows through ‘‘shall be sub-
ject to,’’ and inserting the following: 
‘‘(A) makes, or causes to be made, a statement or 
representation of a material fact, for use in deter-
mining 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
115
the person knows or should know is false or mis-
leading, 
‘‘(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 mate-
rial 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 disclo-
sure of such fact’’ after ‘‘each such statement or 
representation’’ in the first sentence; 
(D) by inserting ‘‘or because of such with-
holding of disclosure of a material fact’’ after 
‘‘because of such statement or representation’’ in 
the second sentence; and
116
(E) by inserting ‘‘or such a withholding of 
disclosure’’ after ‘‘such a statement or represen-
tation’’ 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 ap-
pears 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 deter-
mining 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 per-
son 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,
117
if the person knows, or should know, that the state-
ment 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
118
after the date on which the Commissioner of Social Security 
implements the centralized computer file described in sec-
tion 202. 
SEC. 202. ISSUANCE BY COMMISSIONER OF SOCIAL SECU-
RITY OF RECEIPTS TO ACKNOWLEDGE SUB-
MISSION OF REPORTS OF CHANGES IN WORK 
OR EARNINGS STATUS OF DISABLED BENE-
FICIARIES. 
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 cen-
tralized 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 FLEE-
ING PROSECUTION, CUSTODY, OR CONFINE-
MENT, AND TO PERSONS VIOLATING PROBA-
TION OR PAROLE. 
(a) IN GENERAL.—Section 202(x) of the Social Secu-
rity Act (42 U.S.C. 402(x)) is amended—
119
(1) in the heading, by striking ‘‘Prisoners’’ and 
all that follows and inserting the following: ‘‘Pris-
oners, Certain Other Inmates of Publicly Funded In-
stitutions, 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 pe-
riod 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 im-
posed, and a Federal, State, or local law enforcement 
agency has notified the Commissioner that such agen-
cy intends to pursue the individual by seeking arrest, 
extradition, or prosecution, or 
‘‘(v) is violating a condition of probation or pa-
role imposed under Federal or State law, and a Fed-
eral, State, or local law enforcement agency has noti-
120
fied the Commissioner that such agency intends to 
seek revocation of the individual’s probation or pa-
role. 
In the case of an individual from whom such monthly bene-
fits 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 Inter-
nal 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 offi-
cer, 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 Commis-
sioner that—
‘‘(i) the beneficiary is described in clause (iv) or 
(v) of paragraph (1)(A);
121
‘‘(ii) the Commissioner has information with re-
spect to the beneficiary that is necessary for the officer 
to conduct the officer’s official duties; and
‘‘(iii) the location or apprehension of the bene-
ficiary is within the officer’s official duties.’’. 
(b) CONFORMING AMENDMENTS TO TITLE XVI.—Sec-
tion 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 juris-
dictions 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 en-
forcement 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
122
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 sen-
tence 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 re-
spect 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’’.
123
(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 sub-
section (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 PRO-
VIDE FOR A FEE A PRODUCT OR SERVICE 
AVAILABLE WITHOUT CHARGE FROM THE SO-
CIAL 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 So-
cial Security Administration unless, at the time the offer
124
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 avail-
able free of charge from the Social Security Adminis-
tration, and 
‘‘(ii) complies with standards prescribed by the 
Commissioner of Social Security respecting the con-
tent 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 con-
nection 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 REF-
ERENCE’’ 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 Secu-
rity promulgates final regulations prescribing the stand-
ards applicable to the notice required to be provided in con-
125
nection with such offer. The Commissioner shall promul-
gate 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 sen-
tences, 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 dis-
barred 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 sec-
tion from appearing before the Social Security Administra-
tion 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 representa-
tive until full restitution is made to the claimant and,
126
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 communica-
tion) attempts to intimidate or impede any officer, em-
ployee, or contractor of the Social Security Administration 
(including any State employee of a disability determina-
tion service or any other individual designated by the Com-
missioner 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 com-
mitted only by threats of force, the person shall be guilty 
of a felony and upon conviction thereof shall be fined not
127
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 Administra-
tion, or to a member of the family of such an officer or 
employee or contractor.’’. 
SEC. 207. USE OF SYMBOLS, EMBLEMS, OR NAMES IN REF-
ERENCE TO SOCIAL SECURITY OR MEDICARE. 
(a) IN GENERAL.—Section 1140(a)(1) of the Social Se-
curity 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 Bene-
fits Update’, ‘Federal Benefit Information’, ‘Funeral 
Expenses’, or ‘Final Supplemental Plan’,’’ and by in-
serting ‘‘ ‘CMS’,’’ after ‘‘ ‘HCFA’,’’; 
(2) in subparagraph (B), by inserting ‘‘Centers 
for Medicare & Medicaid Services,’’ after ‘‘Health 
Care Financing Administration,’’ each place it ap-
pears; and 
(3) in the matter following subparagraph (B), by 
striking ‘‘the Health Care Financing Administra-
tion,’’ each place it appears and inserting ‘‘the Cen-
ters for Medicare & Medicaid Services,’’.
156
‘‘(2) The requirements of paragraph (1)(E) in connec-
tion 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 in-
stitutionalization, the individual would have divorced 
the prior husband and married the surviving hus-
band, 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 in-
stitutionalized up to the time of his death, and 
‘‘(E) the individual married the surviving hus-
band 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