IB 
Union Calendar No. 28
108TH CONGRESS 
1ST SESSION 
H. R. 743
[Report No. 108–46] 
To amend the Social Security Act and the Internal Revenue Code of 1986 
to provide additional safeguards for Social Security and Supplemental 
Security Income beneficiaries with representative payees, to enhance pro-
gram protections, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
FEBRUARY 12, 2003
Mr. SHAW (for himself, Mr. MATSUI, Mr. COLLINS, Mr. POMEROY, Mr. LEWIS 
of Kentucky, Mr. BECERRA, Mr. RYAN of Wisconsin, Mrs. JONES of 
Ohio, Mr. RANGEL, Mr. FOLEY, Mr. BALLENGER, Mr. FLETCHER, Ms. 
HARRIS, Mrs. NORTHUP, and Mr. WHITFIELD) introduced the following 
bill; which was referred to the Committee on Ways and Means 
MARCH 24, 2003
Additional sponsors: Mr. HULSHOF, Mr. HAYWORTH, Mr. MCNULTY, Mr. AN-
DREWS, Mr. ROSS, Mr. MARSHALL, Ms. CARSON of Indiana, Mr. CASE, 
Mr. SMITH of New Jersey, Mr. ALLEN, Mr. BRADLEY of New Hamp-
shire, Mr. ROTHMAN, Mr. ROYCE, Mr. MARIO DIAZ-BALART of Florida, 
Mr. MCCOTTER, Mr. CARDIN, and Mr. PETERSON of Minnesota 
MARCH 24, 2003 
Reported with an amendment, committed to the Committee of the Whole 
House on the State of the Union, and ordered to be printed 
[Strike out all after the enacting clause and insert the part printed in italic] 
[For text of introduced bill, see copy of bill as introduced on February 12, 2003] 
A BILL 
To amend the Social Security Act and the Internal Revenue
Code of 1986 to provide additional safeguards for Social 
Security and Supplemental Security Income beneficiaries 
with representative payees, to enhance program protec-
tions, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘So-
cial 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 con-
victed of offenses resulting in imprisonment for more than 1 
year or fleeing prosecution, custody, or confinement. 
Sec. 104. Fee forfeiture in case of benefit misuse by representative payees. 
Sec. 105. Liability of representative payees for misused benefits. 
Sec. 106. Authority to redirect delivery of benefit payments when a representative 
payee fails to provide required accounting. 
Subtitle B—Enforcement 
Sec. 111. Civil monetary penalty authority with respect to wrongful conversions 
by representative payees. 
TITLE II—PROGRAM PROTECTIONS 
Sec. 201. Civil monetary penalty authority with respect to knowing withholding 
of material facts. 
Sec. 202. Issuance by Commissioner of Social Security of receipts to acknowledge 
submission of reports of changes in work or earnings status of 
disabled beneficiaries. 
Sec. 203. Denial of title II benefits to persons fleeing prosecution, custody, or con-
finement, 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 Administra-
tion.
Sec. 205. Refusal to recognize certain individuals as claimant representatives. 
Sec. 206. Penalty for corrupt or forcible interference with administration of So-
cial 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 convic-
tion of fraudulent concealment of work activity. 
Sec. 209. Authority for judicial orders of restitution. 
TITLE III—ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS 
Sec. 301. Cap on attorney assessments. 
Sec. 302. Extension of attorney fee payment system to title XVI claims. 
TITLE IV—MISCELLANEOUS AND TECHNICAL AMENDMENTS 
Subtitle A—Amendments Relating to the Ticket to Work and Work Incentives 
Improvement Act of 1999
Sec. 401. Application of demonstration authority sunset date to new projects. 
Sec. 402. Expansion of waiver authority available in connection with demonstra-
tion projects providing for reductions in disability insurance 
benefits based on earnings. 
Sec. 403. Funding of demonstration projects provided for reductions in disability 
insurance benefits based on earnings. 
Sec. 404. Availability of Federal and State work incentive services to additional 
individuals. 
Sec. 405. Technical amendment clarifying treatment for certain purposes of indi-
vidual work plans under the Ticket to Work and Self-Sufficiency 
Program. 
Subtitle B—Miscellaneous Amendments 
Sec. 411. Elimination of transcript requirement in remand cases fully favorable 
to the claimant. 
Sec. 412. Nonpayment of benefits upon removal from the United States. 
Sec. 413. Reinstatement of certain reporting requirements. 
Sec. 414. Clarification of definitions regarding certain survivor benefits. 
Sec. 415. Clarification respecting the FICA and SECA tax exemptions for an in-
dividual whose earnings are subject to the laws of a totalization 
agreement partner. 
Sec. 416. Coverage under divided retirement system for public employees in Ken-
tucky. 
Sec. 417. Compensation for the Social Security Advisory Board. 
Sec. 418. 60-month period of employment requirement for application of govern-
ment pension offset exemption. 
Subtitle C—Technical Amendments 
Sec. 421. Technical correction relating to responsible agency head. 
Sec. 422. Technical correction relating to retirement benefits of ministers. 
Sec. 423. Technical corrections relating to domestic employment. 
Sec. 424. Technical corrections of outdated references. 
Sec. 425. Technical correction respecting self-employment income in community 
property States.
TITLE I—PROTECTION OF 
BENEFICIARIES 
Subtitle A—Representative Payees 
SEC. 101. AUTHORITY TO REISSUE BENEFITS MISUSED BY 
ORGANIZATIONAL REPRESENTATIVE PAYEES. 
(a) TITLE II AMENDMENTS.—
(1) 
REISSUANCE
OF
BENEFITS.—Section 
205(j)(5) 
of 
the 
Social 
Security 
Act 
(42 
U.S.C. 405(j)(5)) is amended by inserting after the 
first sentence the following new sentences: ‘‘In any 
case in which a representative payee that—
‘‘(A) is not an individual (regardless of whether 
it is a ‘qualified organization’ within the meaning of 
paragraph (4)(B)); or 
‘‘(B) is an individual who, for any month dur-
ing 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 bene-
ficiary’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 para-
graph (7)(B).’’.
(2) MISUSE
OF
BENEFITS
DEFINED.—Section 
205(j) of such Act (42 U.S.C. 405(j)) is amended by 
adding at the end the following new paragraph: 
‘‘(8) For purposes of this subsection, misuse of benefits 
by a representative payee occurs in any case in which the 
representative payee receives payment under this title for 
the use and benefit of another person and converts such pay-
ment, or any part thereof, to a use other than for the use 
and benefit of such other person. The Commissioner of So-
cial Security may prescribe by regulation the meaning of 
the term ‘use and benefit’ for purposes of this paragraph.’’. 
(b) TITLE VIII AMENDMENTS.—
(1) REISSUANCE OF BENEFITS.—Section 807(i) 
of the Social Security Act (42 U.S.C. 1007(i)) (as 
amended by section 209(b)(1) of this Act) is amended 
further by inserting after the first sentence the fol-
lowing new sentences: ‘‘In any case in which a rep-
resentative 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 bene-
ficiary’s alternative representative payee an amount 
equal to the amount of such benefit so misused. The 
provisions of this paragraph are subject to the limita-
tions of subsection (l)(2).’’. 
(2) MISUSE
OF
BENEFITS
DEFINED.—Section 
807 of such Act (42 U.S.C. 1007) is amended by add-
ing at the end the following new subsection: 
‘‘(j) MISUSE OF BENEFITS.—For purposes of this title, 
misuse of benefits by a representative payee occurs in any 
case in which the representative payee receives payment 
under this title for the use and benefit of another person 
under this title and converts such payment, or any part 
thereof, to a use other than for the use and benefit of such 
person. The Commissioner of Social Security may prescribe 
by regulation the meaning of the term ‘use and benefit’ for 
purposes of this subsection.’’. 
(3) TECHNICAL AMENDMENT.—Section 807(a) of 
such Act (42 U.S.C. 1007(a)) is amended, in the first 
sentence, by striking ‘‘for his or her benefit’’ and in-
serting ‘‘for his or her use and benefit’’. 
(c) TITLE XVI AMENDMENTS.—
(1) 
REISSUANCE
OF
BENEFITS.—Section 
1631(a)(2)(E) of such Act (42 U.S.C. 1383(a)(2)(E)) 
is amended by inserting after the first sentence the 
following new sentences: ‘‘In any case in which a rep-
resentative 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 dur-
ing a period when misuse occurs, serves 15 or more 
individuals who are beneficiaries under this title, title 
II, title VIII, or any combination of such titles; 
misuses all or part of an individual’s benefit paid to the 
representative payee, the Commissioner of Social Security 
shall pay to the beneficiary or the beneficiary’s alternative 
representative payee an amount equal to the amount of the 
benefit so misused. The provisions of this subparagraph are 
subject to the limitations of subparagraph (H)(ii).’’. 
(2) EXCLUSION OF REISSUED BENEFITS FROM 
RESOURCES.—Section 1613(a) of such Act (42 
U.S.C. 1382b(a)) is amended—
(A) in paragraph (12), by striking ‘‘and’’ 
at the end; 
(B) in paragraph (13), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by inserting after paragraph (13) the 
following new paragraph: 
‘‘(14) for the 9-month period beginning after the 
month in which received, any amount received by 
such individual (or spouse) or any other person whose 
income is deemed to be included in such individual’s 
(or spouse’s) income for purposes of this title as res-
titution for benefits under this title, title II, or title 
VIII that a representative payee of such individual 
(or spouse) or such other person under section 205(j), 
807, or 1631(a)(2) has misused.’’. 
(3) MISUSE
OF
BENEFITS
DEFINED.—Section 
1631(a)(2)(A) of such Act (42 U.S.C. 1383(a)(2)(A)) 
is amended by adding at the end the following new 
clause: 
‘‘(iv) For purposes of this paragraph, misuse of bene-
fits 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 rep-
resentative payee with respect to which the Commissioner 
makes the determination of misuse on or after January 1, 
1995. 
SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES. 
(a) CERTIFICATION OF BONDING AND LICENSING RE-
QUIREMENTS
FOR NONGOVERNMENTAL ORGANIZATIONAL 
REPRESENTATIVE PAYEES.—
(1) TITLE II AMENDMENTS.—Section 205(j) of 
the Social Security Act (42 U.S.C. 405(j)) is amend-
ed—
(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 non-
profit social service agency (as defined in para-
graph (9))’’; 
(B) in paragraph (3)(F), by striking ‘‘com-
munity-based nonprofit social service agencies’’ 
and inserting ‘‘certified community-based non-
profit social service agencies (as defined in para-
graph (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 non-
profit social service agency (as defined in para-
graph (9))’’; and 
(D) by adding after paragraph (8) (as 
added by section 101(a)(2) of this Act) the fol-
lowing new paragraph: 
‘‘(9) For purposes of this subsection, the term ‘certified 
community-based nonprofit social service agency’ means a 
community-based nonprofit social service agency which is 
in compliance with requirements, under regulations which 
shall be prescribed by the Commissioner, for annual certifi-
cation 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 represent-
ative payee (if licensing is available in such State) in ac-
cordance with requirements specified by the Commissioner. 
Any such annual certification shall include a copy of any 
independent audit on such agency which may have been 
performed since the previous certification.’’. 
(2) 
TITLE
XVI
AMENDMENTS.—Section 
1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is 
amended—
(A) in subparagraph (B)(vii), by striking 
‘‘a community-based nonprofit social service 
agency licensed or bonded by the State’’ in sub-
clause (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 ac-
cordance’’ in subclause (II) and inserting 
‘‘or any certified community-based non-
profit social service agency (as defined in 
subparagraph (I)), if the agency, in accord-
ance’’; 
(ii) by redesignating items (aa) and 
(bb) as subclauses (I) and (II), respectively 
(and adjusting the margination accord-
ingly); and 
(iii) by striking ‘‘subclause (II)(bb)’’ 
and inserting ‘‘subclause (II)’’; and 
(C) by adding at the end the following new 
subparagraph: 
‘‘(I) For purposes of this paragraph, the term ‘certified 
community-based nonprofit social service agency’ means a 
community-based nonprofit social service agency which is 
in compliance with requirements, under regulations which 
shall be prescribed by the Commissioner, for annual certifi-
cation 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 represent-
ative payee (if licensing is available in the State) in accord-
ance with requirements specified by the Commissioner. Any 
such annual certification shall include a copy of any inde-
pendent audit on the agency which may have been per-
formed 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 represent-
ative 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 pursu-
ant to the appointment of such person or agency as a rep-
resentative payee under this subsection, section 807, or sec-
tion 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 com-
munity-based nonprofit social service agency (as de-
fined 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 Com-
mittee 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 re-
views 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 represent-
ative 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 ven-
dor, 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 mis-
use of funds, including any criminal penalties im-
posed; and 
‘‘(viii) such other information as the Commis-
sioner deems appropriate.’’. 
(2) TITLE
VIII
AMENDMENT.—Section 807 of 
such Act (as amended by section 101(b)(2) of this Act) 
is amended further by adding at the end the following 
new subsection: 
‘‘(k) PERIODIC ONSITE REVIEW.—(1) In addition to 
such other reviews of representative payees as the Commis-
sioner of Social Security may otherwise conduct, the Com-
missioner 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 represent-
ative payee under this section, section 205(j), or section 
1631(a)(2) in any case in which—
‘‘(A) the representative payee is a person who 
serves in that capacity with respect to 15 or more 
such individuals; or 
‘‘(B) the representative payee is an agency that 
serves in that capacity with respect to 50 or more 
such individuals. 
‘‘(2) Within 120 days after the end of each fiscal year, 
the Commissioner shall submit to the Committee on Ways 
and Means of the House of Representatives and the Com-
mittee 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 rep-
resentative payees conducted during such fiscal year in con-
nection with benefits under this title. Each such report 
shall describe in detail all problems identified in such re-
views 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 represent-
ative 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 ven-
dor, 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 Commis-
sioner 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 representa-
tive 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 combina-
tion with benefits payable under title II or title VIII) to
‘‘(I) the number of the reviews; 
‘‘(II) the results of such reviews; 
‘‘(III) the number of cases in which the rep-
resentative 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 ven-
dor, 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 mis-
use of funds, including any criminal penalties im-
posed; and 
‘‘(VIII) such other information as the Commis-
sioner deems appropriate.’’.
SEC. 103. DISQUALIFICATION FROM SERVICE AS REP-
RESENTATIVE 
PAYEE 
OF 
PERSONS 
CON-
VICTED OF OFFENSES RESULTING IN IMPRIS-
ONMENT FOR MORE THAN 1 YEAR OR FLEE-
ING PROSECUTION, CUSTODY, OR CONFINE-
MENT. 
(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 sub-
clause (III); 
(B) by redesignating subclause (IV) as sub-
clause (VI); and 
(C) by inserting after subclause (III) the 
following new subclauses: 
‘‘(IV) obtain information concerning whether 
such person has been convicted of any other offense 
under Federal or State law which resulted in impris-
onment for more than 1 year, 
‘‘(V) obtain information concerning whether such 
person 
is 
a 
person 
described 
in 
section 
202(x)(1)(A)(iv), and’’; 
(2) in subparagraph (B), by adding at the end 
the following new clause: 
‘‘(iii) Notwithstanding the provisions of section 552a 
of title 5, United States Code, or any other provision of
Federal or State law (other than section 6103 of the 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 account num-
ber, and photograph (if applicable) of any person inves-
tigated 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 nec-
essary for the officer to conduct the officer’s official 
duties, and 
‘‘(III) the location or apprehension of such per-
son is within the officer’s official duties.’’; 
(3) in subparagraph (C)(i)(II), by striking ‘‘sub-
paragraph (B)(i)(IV),,’’ and inserting ‘‘subparagraph 
(B)(i)(VI)’’ 
and 
striking 
‘‘section 
1631(a)(2)(B)(ii)(IV)’’ 
and 
inserting 
‘‘section 
1631(a)(2)(B)(ii)(VI)’’; and 
(4) in subparagraph (C)(i)—
(A) by striking ‘‘or’’ at the end of subclause 
(II); 
(B) by striking the period at the end of sub-
clause (III) and inserting a comma; and 
(C) by adding at the end the following new 
subclauses: 
‘‘(IV) such person has previously been convicted 
as described in subparagraph (B)(i)(IV), unless the 
Commissioner determines that such certification 
would be appropriate notwithstanding such convic-
tion, 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 sub-
paragraph (C); 
(B) by redesignating subparagraph (D) as 
subparagraph (F); and 
(C) by inserting after subparagraph (C) the 
following new subparagraphs: 
‘‘(D) obtain information concerning whether 
such person has been convicted of any other of-
fense under Federal or State law which resulted 
in imprisonment for more than 1 year; 
‘‘(E) obtain information concerning whether 
such person is a person described in section 
804(a)(2); and’’; 
(2) in subsection (b), by adding at the end the 
following new paragraph: 
‘‘(3) Notwithstanding the provisions of section 
552a of title 5, United States Code, or any other pro-
vision of Federal or State law (other than section 
6103 of the Internal Revenue Code of 1986 and sec-
tion 1106(c) of this Act), the Commissioner shall fur-
nish any Federal, State, or local law enforcement offi-
cer, 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 Com-
missioner 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 Commis-
sioner 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 subpara-
graph (B); 
(B) by striking the period at the end of sub-
paragraph (C) and inserting a semicolon; and 
(C) by adding at the end the following new 
subparagraphs: 
‘‘(D) such person has previously been con-
victed as described in subsection (b)(2)(D), un-
less the Commissioner determines that such pay-
ment 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 sub-
clause (III);
(B) by redesignating subclause (IV) as sub-
clause (VI); and 
(C) by inserting after subclause (III) the 
following new subclauses: 
‘‘(IV) obtain information concerning whether the 
person has been convicted of any other offense under 
Federal or State law which resulted in imprisonment 
for more than 1 year; 
‘‘(V) obtain information concerning whether such 
person is a person described in section 1611(e)(4)(A); 
and’’; 
(2) in clause (iii)(II)—
(A) by striking ‘‘clause (ii)(IV)’’ and insert-
ing ‘‘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 sub-
clause (III) and inserting a semicolon; and 
(C) by adding at the end the following new 
subclauses:
‘‘(IV) the person has previously been convicted as 
described in clause (ii)(IV) of this subparagraph, un-
less the Commissioner determines that the payment 
would be appropriate notwithstanding the conviction; 
or 
‘‘(V) such person is a person described in section 
1611(e)(4)(A).’’; and 
(4) by adding at the end the following new 
clause: 
‘‘(xiv) Notwithstanding the provisions of section 552a 
of title 5, United States Code, or any other provision of 
Federal or State law (other than section 6103 of the 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 account num-
ber, and photograph (if applicable) of any person inves-
tigated 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 nec-
essary for the officer to conduct the officer’s official 
duties, and 
‘‘(III) the location or apprehension of such per-
son is within the officer’s official duties.’’. 
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the first day of the thirteenth 
month beginning after the date of the enactment of this Act. 
(e) REPORT TO THE CONGRESS.—The Commissioner 
of Social Security, in consultation with the Inspector Gen-
eral of the Social Security Administration, shall prepare 
a report evaluating whether the existing procedures and re-
views for the qualification (including disqualification) of 
representative payees are sufficient to enable the Commis-
sioner to protect benefits from being misused by representa-
tive payees. The Commissioner shall submit the report to 
the Committee on Ways and Means of the House of Rep-
resentatives 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 appro-
priate.
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 in-
serting ‘‘Except as provided in the next sentence, a’’; 
and 
(2) in the second sentence, by striking ‘‘The Sec-
retary’’ and inserting the following: 
‘‘A qualified organization may not collect a fee from an 
individual for any month with respect to which the Com-
missioner of Social Security or a court of competent juris-
diction has determined that the organization misused all 
or part of the individual’s benefit, and any amount so col-
lected 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 in-
serting ‘‘Except as provided in the next sentence, a’’; 
and 
(2) in the second sentence, by striking ‘‘The 
Commissioner’’ and inserting the following: ‘‘A quali-
fied organization may not collect a fee from an indi-
vidual for any month with respect to which the Com-
missioner 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 MIS-
USED BENEFITS. 
(a) TITLE II AMENDMENTS.—Section 205(j) of the So-
cial Security Act (42 U.S.C. 405(j)) (as amended by sec-
tions 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 ‘‘para-
graph (10)’’;
(b) TITLE VIII AMENDMENT.—Section 807 of such Act 
(as amended by section 102(b)(2)) is amended further by 
adding at the end the following new subsection: 
‘‘(l) LIABILITY FOR MISUSED AMOUNTS.—
‘‘(1) IN GENERAL.—If the Commissioner of So-
cial Security or a court of competent jurisdiction de-
termines that a representative payee that is not a 
Federal, State, or local government agency has mis-
used 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 rep-
resentative payee for all purposes of this Act and re-
lated laws pertaining to the recovery of such overpay-
ments. 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 ‘‘sec-
tion 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 represent-
ative 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 para-
graph, 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 overpay-
ment 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 Commis-
sioner shall make payment of an amount equal to the recov-
ered amount to such individual or such individual’s alter-
native 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 rep-
resentative 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 fol-
lowing new subparagraph: 
‘‘(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.’’.
(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 new paragraph: 
‘‘(3) AUTHORITY
TO
REDIRECT
DELIVERY
OF 
BENEFIT PAYMENTS WHEN A REPRESENTATIVE PAYEE 
FAILS TO PROVIDE REQUIRED ACCOUNTING.—In any 
case in which the person described in paragraph (1) 
or (2) receiving benefit payments on behalf of a 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 new clause: 
‘‘(v) In any case in which the person described in 
clause (i) or (iv) receiving payments on behalf of another 
fails to submit a report required by the Commissioner of 
Social Security under clause (i) or (iv), the Commissioner 
may, after furnishing notice to the person and the 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 amendment made by this 
section shall take effect 180 days after the date of the enact-
ment of this Act. 
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 new paragraph: 
‘‘(3) Any person (including an organization, agency, 
or other entity) who, having received, while acting in the 
capacity of a representative payee pursuant to section
205(j), 807, or 1631(a)(2), a payment under title II, VIII, 
or XVI for the use and benefit of another individual, 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 
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 KNOWING WITHHOLDING OF MATE-
RIAL 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 
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 
(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, 
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 
after the date on which the Commissioner implements the 
centralized computer file described in section 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—
(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 
which, in the case of the State of New Jersey, is a 
high misdemeanor under the laws of such State, or 
‘‘(v) is violating a condition of probation or pa-
role imposed under Federal or State law.
In the case of an individual from whom such monthly bene-
fits have been withheld pursuant to clause (iv) or (v), the 
Commissioner may, for good cause shown, pay such with-
held benefits to the individual.’’; and 
(5) in paragraph (3), by adding at the end the 
following new subparagraph: 
‘‘(C) Notwithstanding the provisions of section 552a 
of title 5, United States Code, or any other provision of 
Federal or State law (other than section 6103 of the 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—
‘‘(I) is described in clause (iv) or (v) of 
paragraph (1)(A); and 
‘‘(II) has information that is necessary for 
the officer to conduct the officer’s official duties; 
and
‘‘(ii) the location or apprehension of the bene-
ficiary is within the officer’s official duties.’’. 
(b) REGULATIONS.—Not later than the first day of the 
first month that begins on or after the date that is 9 months 
after the date of the enactment of this Act, the Commissioner 
of Social Security shall promulgate regulations governing 
payment by the Commissioner, for good cause shown, of 
withheld benefits, pursuant to the last sentence of section 
202(x)(1)(A) of the Social Security Act (as amended by sub-
section (a)). 
(c) 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 new paragraph: 
‘‘(4)(A) No person shall offer, for a fee, to assist an 
individual to obtain a product or service that the person 
knows or should know is provided free of charge by the So-
cial 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 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-
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, 
thereafter, may be considered for reinstatement only under 
such rules as the Commissioner may prescribe.’’. 
SEC. 206. PENALTY FOR CORRUPT OR FORCIBLE INTER-
FERENCE WITH ADMINISTRATION OF SOCIAL 
SECURITY ACT. 
Part A of title XI of the Social Security Act (42 
U.S.C. 1301 et seq.) is amended by inserting after section 
1129A the following new section: 
‘‘ATTEMPTS TO INTERFERE WITH ADMINISTRATION OF 
SOCIAL SECURITY ACT 
‘‘SEC. 1129B. Whoever corruptly or by force or threats 
of force (including any threatening letter or 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 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 Ad-
ministration, 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 Ben-
efits 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,’’.
(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 AC-
TIVITY. 
(a) IN GENERAL.—Section 222(c) of the Social Secu-
rity Act (42 U.S.C. 422(c)) is amended by adding at the 
end the following new paragraph: 
‘‘(5) Upon conviction by a Federal court that an indi-
vidual has fraudulently concealed work activity during a 
period of trial work from the Commissioner of Social Secu-
rity by—
‘‘(A) providing false information to the Commis-
sioner 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 secu-
rity account number or a number purporting to be a 
social security account number; or 
‘‘(C) taking other actions to conceal work activ-
ity 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 indi-
vidual is liable as overpayments by reason of such conceal-
ment.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply with respect to work activity per-
formed after the date of the enactment of this Act. 
SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF RESTITU-
TION. 
(a) AMENDMENTS TO TITLE II.—Section 208 of the 
Social Security Act (42 U.S.C. 408) is amended—
(1) by redesignating subsections (b), (c), and (d) 
as subsections (c), (d), and (e), respectively; and 
(2) by inserting after subsection (a) the following 
new subsection: 
‘‘(b)(1) Any Federal court, when sentencing a defend-
ant convicted of an offense under subsection (a), may order,
in addition to or in lieu of any other penalty authorized 
by law, that the defendant make restitution to the Social 
Security Administration. 
‘‘(2) Sections 3612, 3663, and 3664 of title 18, United 
States Code, shall apply with respect to the issuance and 
enforcement of orders of restitution under this subsection. 
In so applying such sections, the Social Security Adminis-
tration shall be considered the victim. 
‘‘(3) If the court does not order restitution, or orders 
only partial restitution, under this subsection, the court 
shall state on the record the reasons therefor.’’. 
(b) AMENDMENTS TO TITLE VIII.—Section 807(i) of 
such Act (42 U.S.C. 1007(i)) is amended—
(1) by striking ‘‘(i) RESTITUTION.—In any case 
where’’ and inserting the following: 
‘‘(i) RESTITUTION.—
‘‘(1) IN GENERAL.—In any case where’’; and 
(2) by adding at the end the following new para-
graph: 
‘‘(2) COURT ORDER FOR RESTITUTION.—
‘‘(A) IN
GENERAL.—Any Federal court, 
when sentencing a defendant convicted of an of-
fense under subsection (a), may order, in addi-
tion to or in lieu of any other penalty authorized
by law, that the defendant make restitution to 
the Social Security Administration. 
‘‘(B) 
RELATED
PROVISIONS.—Sections 
3612, 3663, and 3664 of title 18, United States 
Code, shall apply with respect to the issuance 
and enforcement of orders of restitution under 
this paragraph. In so applying such sections, the 
Social Security Administration shall be consid-
ered the victim. 
‘‘(C) STATED REASONS FOR NOT ORDERING 
RESTITUTION.—If the court does not order res-
titution, or orders only partial restitution, under 
this paragraph, the court shall state on the 
record the reasons therefor.’’. 
(c) AMENDMENTS TO TITLE XVI.—Section 1632 of 
such Act (42 U.S.C. 1383a) is amended—
(1) by redesignating subsection (b) as subsection 
(c); and 
(2) by inserting after subsection (a) the following 
new subsection: 
‘‘(b)(1) Any Federal court, when sentencing a defend-
ant convicted of an offense under subsection (a), may order, 
in addition to or in lieu of any other penalty authorized 
by law, that the defendant make restitution to the Social 
Security Administration.
‘‘(2) Sections 3612, 3663, and 3664 of title 18, United 
States Code, shall apply with respect to the issuance and 
enforcement of orders of restitution under this subsection. 
In so applying such sections, the Social Security Adminis-
tration shall be considered the victim. 
‘‘(3) If the court does not order restitution, or orders 
only partial restitution, under this subsection, the court 
shall state on the record the reasons therefor.’’. 
(d) SPECIAL ACCOUNT FOR RECEIPT OF RESTITUTION 
PAYMENTS.—Section 704(b) of such Act (42 U.S.C. 904(b)) 
is amended by adding at the end the following new para-
graph: 
‘‘(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 estab-
lished 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 car-
rying out titles II, VIII, and XVI. 
‘‘(B) Subparagraph (A) shall not apply with respect 
to amounts received in connection with misuse by a rep-
resentative 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 Dis-
ability 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 mis-
cellaneous receipts.’’. 
(e) EFFECTIVE DATE.—The amendments made by sub-
sections (a), (b), and (c) shall apply with respect to viola-
tions occurring on or after the date of the enactment of this 
Act. 
TITLE III—ATTORNEY FEE PAY-
MENT 
SYSTEM 
IMPROVE-
MENTS 
SEC. 301. CAP ON ATTORNEY ASSESSMENTS. 
(a) IN GENERAL.—Section 206(d)(2)(A) of the Social 
Security Act (42 U.S.C. 406(d)(2)(A)) is amended—
(1) by inserting ‘‘, except that the maximum 
amount of the assessment may not exceed the greater 
of $75 or the adjusted amount as provided pursuant 
to the following two sentences’’ after ‘‘subparagraph 
(B)’’; and
(2) by adding at the end the following new sen-
tence: ‘‘In the case of any calendar year beginning 
after the amendments made by section 301 of the So-
cial Security Protection Act of 2003 take effect, the 
dollar amount specified in the preceding sentence (in-
cluding a previously adjusted amount) shall be ad-
justed 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 fol-
lowing sentence. Any amount so adjusted that is not 
a multiple of $1 shall be rounded to the next lowest 
multiple of $1, but in no case less than $75.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to fees for representation 
of claimants which are first required to be certified or paid 
under section 206 of the Social Security Act on or after 
the first day of the first month that begins after 180 days 
after the date of the enactment of this Act. 
SEC. 302. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM 
TO TITLE XVI CLAIMS. 
(a) IN GENERAL.—Section 1631(d)(2) of the Social Se-
curity Act (42 U.S.C. 1383(d)(2)) is amended—
(1) in subparagraph (A), in the matter preceding 
clause (i)—
(A) by striking ‘‘section 206(a)’’ and insert-
ing ‘‘section 206’’; 
(B) by striking ‘‘(other than paragraph (4) 
thereof)’’ and inserting ‘‘(other than subsections 
(a)(4) and (d) thereof)’’; and 
(C) by striking ‘‘paragraph (2) thereof’’ and 
inserting ‘‘such section’’; 
(2) in subparagraph (A)(i), by striking ‘‘in sub-
paragraphs (A)(ii)(I) and (C)(i),’’ and inserting ‘‘in 
subparagraphs (A)(ii)(I) and (D)(i) of subsection 
(a)(2)’’, and by striking ‘‘and’’ at the end; 
(3) by striking subparagraph (A)(ii) and insert-
ing the following: 
‘‘(ii) by substituting, in subsections (a)(2)(B) 
and (b)(1)(B)(i), the phrase ‘section 1631(a)(7)(A) or 
the requirements of due process of law’ for the phrase 
‘subsection (g) or (h) of section 223’; 
‘‘(iii) by substituting, in subsection (a)(2)(C)(i), 
the phrase ‘under title II’ for the phrase ‘under title 
XVI’; 
‘‘(iv) by substituting, in subsection (b)(1)(A), the 
phrase ‘pay the amount of such fee’ for the phrase 
‘certify the amount of such fee for payment’ and by
striking, in subsection (b)(1)(A), the phrase ‘or cer-
tified for payment’; and 
‘‘(v) by substituting, in subsection (b)(1)(B)(ii), 
the phrase ‘deemed to be such amounts as determined 
before any applicable reduction under section 1631(g), 
and reduced by the amount of any reduction in bene-
fits under this title or title II made pursuant to sec-
tion 1127(a)’ for the phrase ‘determined before any 
applicable reduction under section 1127(a))’.’’; and 
(4) by striking subparagraph (B) and inserting 
the following new subparagraphs: 
‘‘(B) Subject to subparagraph (C), if the claimant is 
determined to be entitled to past-due benefits under this title 
and the person representing the claimant is an attorney, 
the Commissioner of Social Security shall pay out of such 
past-due benefits to such attorney an amount equal to the 
lesser of—
‘‘(i) so much of the maximum fee as does not ex-
ceed 25 percent of such past-due benefits (as deter-
mined 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 sec-
tion 1127(a)), or
‘‘(ii) the amount of past-due benefits available 
after any applicable reductions under sections 
1631(g) and 1127(a). 
‘‘(C)(i) Whenever a fee for services is required to be 
paid to an attorney from a claimant’s past-due benefits 
pursuant to subparagraph (B), the Commissioner shall im-
pose on the attorney an assessment calculated in accordance 
with clause (ii). 
‘‘(ii)(I) The amount of an assessment under clause (i) 
shall be equal to the product obtained by multiplying the 
amount of the representative’s fee that would be required 
to be paid by subparagraph (B) before the application of 
this subparagraph, by the percentage specified in subclause 
(II), except that the maximum amount of the assessment 
may not exceed $75. In the case of any calendar year begin-
ning after the amendments made by section 302 of the So-
cial 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 pursu-
ant 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. 
‘‘(II) The percentage specified in this subclause is such 
percentage rate as the Commissioner determines is nec-
essary in order to achieve full recovery of the costs of deter-
mining and approving fees to attorneys from the past-due 
benefits of claimants, but not in excess of 6.3 percent. 
‘‘(iii) The Commissioner may collect the assessment 
imposed on an attorney under clause (i) by offset from the 
amount of the fee otherwise required by subparagraph (B) 
to be paid to the attorney from a claimant’s past-due bene-
fits. 
‘‘(iv) An attorney subject to an assessment under 
clause (i) may not, directly or indirectly, request or other-
wise obtain reimbursement for such assessment from the 
claimant whose claim gave rise to the assessment. 
‘‘(v) Assessments on attorneys collected under this sub-
paragraph shall be deposited in the Treasury in a separate 
fund created for this purpose. 
‘‘(vi) The assessments authorized under this subpara-
graph 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 author-
ized to remain available until expended, for administrative 
expenses in carrying out this title and related laws.’’.
(b) EFFECTIVE DATE.—
(1) IN
GENERAL.—The amendments made by 
this section shall apply with respect to fees for rep-
resentation of claimants which are first required to be 
certified or paid under section 1631(d)(2) of the So-
cial Security Act on or after the first day of the first 
month that begins after 270 days after the date of the 
enactment of this Act. 
(2) SUNSET.—Such amendments shall not apply 
with respect to fees for representation of claimants in 
the case of any claim for benefits with respect to 
which the agreement for representation is entered into 
after 5 years after the date on which the Commis-
sioner of Social Security first implements the amend-
ments made by this section. 
(c) STUDY REGARDING FEE-WITHHOLDING FOR NON-
ATTORNEY REPRESENTATIVES.—
(1) STUDY.—As soon as practicable after the 
date of the enactment of this Act, the Comptroller 
General of the United States shall undertake a study 
regarding fee-withholding for non-attorney representa-
tives representing claimants before the Social Security 
Administration.
(2) MATTERS TO BE STUDIED.—In conducting 
the study under this subsection, the Comptroller Gen-
eral shall—
(A) compare the non-attorney representa-
tives who seek fee approval for representing 
claimants before the Social Security Administra-
tion to attorney representatives who seek such fee 
approval, with regard to—
(i) their training, qualifications, and 
competency, 
(ii) the type and quality of services 
provided, and 
(iii) the extent to which claimants are 
protected through oversight of such rep-
resentatives by the Social Security Admin-
istration or other organizations, and 
(B) consider the potential results of extend-
ing to non-attorney representatives the fee with-
holding procedures that apply under titles II 
and XVI of the Social Security Act for the pay-
ment of attorney fees, including the effect on 
claimants and program administration. 
(3) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Comptroller 
General shall submit to the Committee on Ways and
Means of the House of Representatives and the Com-
mittee on Finance of the Senate a report detailing the 
results of the Comptroller General’s study conducted 
pursuant to this subsection. 
TITLE IV—MISCELLANEOUS AND 
TECHNICAL AMENDMENTS 
Subtitle A—Amendments Relating 
to the Ticket to Work and Work 
Incentives Improvement Act of 
1999
SEC. 401. APPLICATION OF DEMONSTRATION AUTHORITY 
SUNSET DATE TO NEW PROJECTS. 
Section 234 of the Social Security Act (42 U.S.C. 434) 
is amended—
(1) in the first sentence of subsection (c), by 
striking ‘‘conducted under subsection (a)’’ and insert-
ing ‘‘initiated under subsection (a) on or before De-
cember 17, 2004’’; and 
(2) in subsection (d)(2), by amending the first 
sentence to read as follows: ‘‘The authority to initiate 
projects under the preceding provisions of this section 
shall terminate on December 18, 2004.’’.
SEC. 402. EXPANSION OF WAIVER AUTHORITY AVAILABLE 
IN 
CONNECTION 
WITH 
DEMONSTRATION 
PROJECTS PROVIDING FOR REDUCTIONS IN 
DISABILITY INSURANCE BENEFITS BASED ON 
EARNINGS. 
Section 302(c) of the Ticket to Work and Work Incen-
tives Improvement Act of 1999 (42 U.S.C. 434 note) is 
amended by striking ‘‘(42 U.S.C. 401 et seq.),’’ and insert-
ing ‘‘(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 PRO-
VIDED FOR REDUCTIONS IN DISABILITY IN-
SURANCE BENEFITS BASED ON EARNINGS. 
Section 302(f) of the Ticket to Work and Work Incen-
tives 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 appro-
priate by the Commissioner of Social Security, and from
the Federal Hospital Insurance Trust Fund and the Federal 
Supplementary Medical Insurance Trust Fund, as deter-
mined 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 IN-
CENTIVE SERVICES TO ADDITIONAL INDIVID-
UALS. 
(a) FEDERAL WORK INCENTIVES OUTREACH PRO-
GRAM.—
(1) IN GENERAL.—Section 1149(c)(2) of the So-
cial Security Act (42 U.S.C. 1320b–20(c)(2)) is 
amended to read as follows: 
‘‘(2) DISABLED
BENEFICIARY.—The term ‘dis-
abled beneficiary’ means an individual—
‘‘(A) who is a disabled beneficiary as de-
fined in section 1148(k)(2) of this Act; 
‘‘(B) who is receiving a cash payment de-
scribed in section 1616(a) of this Act or a sup-
plementary 
payment 
described 
in 
section 
212(a)(3) of Public Law 93–66 (without regard 
to whether such payment is paid by the Commis-
sioner 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 pe-
nultimate sentence of section 226(b) of this Act.’’. 
(2) EFFECTIVE DATE.—The amendment made by 
this subsection shall apply with respect to grants, co-
operative agreements, or contracts entered into on or 
after the date of the enactment of this Act. 
(b) STATE GRANTS FOR WORK INCENTIVES ASSIST-
ANCE.—
(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 ‘dis-
abled beneficiary’ means an individual—
‘‘(A) who is a disabled beneficiary as de-
fined in section 1148(k)(2) of this Act; 
‘‘(B) who is receiving a cash payment de-
scribed in section 1616(a) of this Act or a sup-
plementary 
payment 
described 
in 
section 
212(a)(3) of Public Law 93–66 (without regard 
to whether such payment is paid by the Commis-
sioner 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 pe-
nultimate 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 pay-
ments provided after the date of the enactment of this 
Act. 
SEC. 405. TECHNICAL AMENDMENT CLARIFYING TREAT-
MENT FOR CERTAIN PURPOSES OF INDI-
VIDUAL WORK PLANS UNDER THE TICKET TO 
WORK AND SELF-SUFFICIENCY PROGRAM. 
(a) IN GENERAL.—Section 1148(g)(1) of the Social Se-
curity Act (42 U.S.C. 1320b–19) is amended by adding at 
the end, after and below subparagraph (E), the following 
new sentence:
‘‘An individual work plan established pursuant to 
this subsection shall be treated, for purposes of section 
51(d)(6)(B)(i) of the Internal Revenue Code of 1986, 
as an individualized written plan for employment 
under a State plan for vocational rehabilitation serv-
ices approved under the Rehabilitation Act of 1973.’’. 
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall take effect as if included in section 505 
of the Ticket to Work and Work Incentives Improvement 
Act of 1999 (Public Law 106–170; 113 Stat. 1921). 
Subtitle B—Miscellaneous 
Amendments 
SEC. 411. ELIMINATION OF TRANSCRIPT REQUIREMENT IN 
REMAND CASES FULLY FAVORABLE TO THE 
CLAIMANT. 
(a) IN GENERAL.—Section 205(g) of the Social Secu-
rity Act (42 U.S.C. 405(g)) is amended in the sixth sen-
tence by striking ‘‘and a transcript’’ and inserting ‘‘and, 
in any case in which the Commissioner has not made a 
decision fully favorable to the individual, a transcript’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section shall apply with respect to final determinations 
issued (upon remand) on or after the date of the enactment 
of this Act.
SEC. 412. NONPAYMENT OF BENEFITS UPON REMOVAL 
FROM THE UNITED STATES. 
(a) IN GENERAL.—Paragraphs (1) and (2) of section 
202(n) of the Social Security Act (42 U.S.C. 402(n)(1), (2)) 
are each amended by striking ‘‘or (1)(E)’’. 
(b) EFFECTIVE DATE.—The amendment made by this 
section to section 202(n)(1) of the Social Security Act shall 
apply to individuals with respect to whom the Commis-
sioner 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 remov-
als occurring after the date of the enactment of this Act. 
SEC. 413. REINSTATEMENT OF CERTAIN REPORTING RE-
QUIREMENTS. 
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)).