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SEC. 302. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM 
TO TITLE XVI CLAIMS. 
(a) IN GENERAL.—Section 1631(d)(2) of the Social 
Security Act (42 U.S.C. 1383(d)(2)) is amended—
(1) in subparagraph (A), in the matter pre-
ceding clause (i)—
(A) by striking ‘‘section 206(a)’’ and in-
serting ‘‘section 206’’; 
(B) by striking ‘‘(other than paragraph (4) 
thereof)’’ and inserting ‘‘(other than sub-
sections (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’;
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‘‘(iv) by substituting, in subsection (b)(1)(A), 
the phrase ‘pay the amount of such fee’ for the 
phrase ‘certify the amount of such fee for payment’ 
and by striking, in subsection (b)(1)(A), the phrase 
‘or certified for payment’; and 
‘‘(v) by substituting, in subsection (b)(1)(B)(ii), 
the phrase ‘deemed to be such amounts as deter-
mined before any applicable reduction under section 
1631(g), and reduced by the amount of any reduc-
tion in benefits under this title or title II made pur-
suant to section 1127(a)’ for the phrase ‘determined 
before any applicable reduction under section 
1127(a))’.’’; and 
(4) by striking subparagraph (B) and inserting 
the following new subparagraphs: 
‘‘(B) Subject to subparagraph (C), if the claimant is 
determined to be entitled to past-due benefits under this 
title and the person representing the claimant is an attor-
ney, the Commissioner of Social Security shall pay out of 
such past-due benefits to such attorney an amount equal 
to the lesser of—
‘‘(i) so much of the maximum fee as does not 
exceed 25 percent of such past-due benefits (as de-
termined before any applicable reduction under sec-
tion 1631(g) and reduced by the amount of any re-
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duction in benefits under this title or title II pursu-
ant to section 1127(a)), or 
‘‘(ii) the amount of past-due benefits available 
after any applicable reductions under sections 
1631(g) and 1127(a). 
‘‘(C)(i) Whenever a fee for services is required to be 
paid to an attorney from a claimant’s past-due benefits 
pursuant to subparagraph (B), the Commissioner shall 
impose on the attorney an assessment calculated in ac-
cordance 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 re-
quired to be paid by subparagraph (B) before the applica-
tion 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 cal-
endar year beginning after the amendments made by sec-
tion 302 of the Social Security Protection Act of 2003 
take effect, the dollar amount specified in the preceding 
sentence (including a previously adjusted amount) shall be 
adjusted annually under the procedures used to adjust 
benefit amounts under section 215(i)(2)(A)(ii), except 
such adjustment shall be based on the higher of $75 or 
the previously adjusted amount that would have been in
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effect for December of the preceding year, but for the 
rounding of such amount pursuant to the following sen-
tence. 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 
necessary in order to achieve full recovery of the costs of 
determining and approving fees to attorneys from the 
past-due benefits of claimants, but not in excess of 6.3 
percent. 
‘‘(iii) The Commissioner may collect the assessment 
imposed on an attorney under clause (i) by offset from 
the amount of the fee otherwise required by subparagraph 
(B) to be paid to the attorney from a claimant’s past-due 
benefits. 
‘‘(iv) An attorney subject to an assessment under 
clause (i) may not, directly or indirectly, request or other-
wise obtain reimbursement for such assessment from the 
claimant whose claim gave rise to the assessment. 
‘‘(v) Assessments on attorneys collected under this 
subparagraph shall be deposited in the Treasury in a sepa-
rate fund created for this purpose. 
‘‘(vi) The assessments authorized under this subpara-
graph shall be collected and available for obligation only
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to the extent and in the amount provided in advance in 
appropriations Acts. Amounts so appropriated are au-
thorized to remain available until expended, for adminis-
trative 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 
Social Security Act on or after the first day of the 
first month that begins after 270 days after the date 
of the enactment of this Act. 
(2) SUNSET.—Such amendments shall not 
apply with respect to fees for representation of 
claimants in the case of any claim for benefits with 
respect to which the agreement for representation is 
entered into after 5 years after the date on which 
the Commissioner of Social Security first imple-
ments the amendments made by this section. 
(c) STUDY
REGARDING
FEE-WITHHOLDING
FOR 
NON-ATTORNEY REPRESENTATIVES.—
(1) STUDY.—As soon as practicable after the 
date of the enactment of this Act, the Comptroller 
General of the United States shall undertake a study
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regarding fee-withholding for non-attorney rep-
resentatives representing claimants before the Social 
Security Administration. 
(2) MATTERS TO BE STUDIED.—In conducting 
the study under this subsection, the Comptroller 
General shall—
(A) compare the non-attorney representa-
tives who seek fee approval for representing 
claimants before the Social Security Adminis-
tration 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 ex-
tending to non-attorney representatives the fee 
withholding procedures that apply under titles 
II and XVI of the Social Security Act for the 
payment of attorney fees, including the effect 
on claimants and program administration.
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(3) REPORT.—Not later than 1 year after the 
date of the enactment of this Act, the Comptroller 
General shall submit to the Committee on Ways and 
Means of the House of Representatives and the 
Committee on Finance of the Senate a report detail-
ing 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 in-
serting ‘‘initiated under subsection (a) on or before 
December 17, 2004’’; and 
(2) in subsection (d)(2), by amending the first 
sentence to read as follows: ‘‘The authority to ini-
tiate projects under the preceding provisions of this 
section shall terminate on December 18, 2004.’’.
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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 In-
centives Improvement Act of 1999 (42 U.S.C. 434 note) 
is amended by striking ‘‘(42 U.S.C. 401 et seq.),’’ and 
inserting ‘‘(42 U.S.C. 401 et seq.) and the requirements 
of section 1148 of such Act (42 U.S.C. 1320b–19) as they 
relate to the program established under title II of such 
Act,’’. 
SEC. 403. FUNDING OF DEMONSTRATION PROJECTS PRO-
VIDED FOR REDUCTIONS IN DISABILITY IN-
SURANCE BENEFITS BASED ON EARNINGS. 
Section 302(f) of the Ticket to Work and Work In-
centives 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 partici-
pation in projects under this section shall be made from 
the Federal Disability Insurance Trust Fund and the Fed-
eral Old-Age and Survivors Insurance Trust Fund, as de-
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termined appropriate by the Commissioner of Social Secu-
rity, and from the Federal Hospital Insurance Trust Fund 
and the Federal Supplementary Medical Insurance Trust 
Fund, as determined appropriate by the Secretary of 
Health and Human Services, from funds available for ben-
efits 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 
Social 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 Com-
missioner pursuant to an agreement under sec-
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tion 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, 
cooperative 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
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212(a)(3) of Public Law 93–66 (without regard 
to whether such payment is paid by the Com-
missioner pursuant to an agreement under sec-
tion 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 in-
serting ‘‘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.
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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 
Security Act (42 U.S.C. 1320b–19) is amended by adding 
at the end, after and below subparagraph (E), the fol-
lowing new sentence: 
‘‘An individual work plan established pursuant to 
this subsection shall be treated, for purposes of sec-
tion 51(d)(6)(B)(i) of the Internal Revenue Code of 
1986, as an individualized written plan for employ-
ment under a State plan for vocational rehabilitation 
services approved under the Rehabilitation Act of 
1973.’’. 
(b) EFFECTIVE DATE.—The amendment made by 
subsection (a) shall take effect as if included in section 
505 of the Ticket to Work and Work Incentives Improve-
ment 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-
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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 determina-
tions 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 Com-
missioner 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 re-
spect to removals occurring after the date of the enact-
ment of this Act. 
SEC. 413. REINSTATEMENT OF CERTAIN REPORTING RE-
QUIREMENTS. 
Section 3003(a)(1) of the Federal Reports Elimi-
nation and Sunset Act of 1995 (31 U.S.C. 1113 note)
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shall not apply to any report required to be submitted 
under any of the following provisions of law: 
(1)(A) Section 201(c)(2) of the Social Security 
Act (42 U.S.C. 401(c)(2)). 
(B) Section 1817(b)(2) of the Social Security 
Act (42 U.S.C. 1395i(b)(2)). 
(C) Section 1841(b)(2) of the Social Security 
Act (42 U.S.C. 1395t(b)(2)). 
(2)(A) Section 221(c)(3)(C) of the Social Secu-
rity Act (42 U.S.C. 421(c)(3)(C)). 
(B) Section 221(i)(3) of the Social Security Act 
(42 U.S.C. 421(i)(3)). 
SEC. 414. CLARIFICATION OF DEFINITIONS REGARDING 
CERTAIN SURVIVOR BENEFITS. 
(a) WIDOWS.—Section 216(c) of the Social Security 
Act (42 U.S.C. 416(c)) is amended—
(1) by redesignating subclauses (A) through (C) 
of clause (6) as subclauses (i) through (iii), respec-
tively; 
(2) by redesignating clauses (1) through (6) as 
clauses (A) through (F), respectively; 
(3) in clause (E) (as redesignated), by inserting 
‘‘except as provided in paragraph (2),’’ before ‘‘she 
was married’’; 
(4) by inserting ‘‘(1)’’ after ‘‘(c)’’; and
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(5) by adding at the end the following new 
paragraph: 
‘‘(2) The requirements of paragraph (1)(E) in con-
nection with the surviving wife of an individual shall be 
treated as satisfied if—
‘‘(A) the individual had been married prior to 
the individual’s marriage to the surviving wife, 
‘‘(B) the prior wife was institutionalized during 
the individual’s marriage to the prior wife due to 
mental incompetence or similar incapacity, 
‘‘(C) during the period of the prior wife’s insti-
tutionalization, the individual would have divorced 
the prior wife and married the surviving wife, but 
the individual did not do so because such divorce 
would have been unlawful, by reason of the prior 
wife’s institutionalization, under the laws of the 
State in which the individual was domiciled at the 
time (as determined based on evidence satisfactory 
to the Commissioner of Social Security), 
‘‘(D) the prior wife continued to remain institu-
tionalized up to the time of her death, and 
‘‘(E) the individual married the surviving wife 
within 60 days after the prior wife’s death.’’. 
(b) WIDOWERS.—Section 216(g) of such Act (42 
U.S.C. 416(g)) is amended—
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(1) by redesignating subclauses (A) through (C) 
of clause (6) as subclauses (i) through (iii), respec-
tively; 
(2) by redesignating clauses (1) through (6) as 
clauses (A) through (F), respectively; 
(3) in clause (E) (as redesignated), by inserting 
‘‘except as provided in paragraph (2),’’ before ‘‘he 
was married’’; 
(4) by inserting ‘‘(1)’’ after ‘‘(g)’’; and 
(5) by adding at the end the following new 
paragraph: 
‘‘(2) The requirements of paragraph (1)(E) in con-
nection 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 hus-
band due to mental incompetence or similar inca-
pacity, 
‘‘(C) during the period of the prior husband’s 
institutionalization, the individual would have di-
vorced the prior husband and married the surviving 
husband, but the individual did not do so because 
such divorce would have been unlawful, by reason of
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the prior husband’s institutionalization, under the 
laws of the State in which the individual was domi-
ciled 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 inserting ‘‘clause (E) of subsection (c)(1) or 
clause (E) of subsection (g)(1)’’. 
(d) EFFECTIVE DATE.—The amendments made by 
this section shall be effective with respect to applications 
for benefits under title II of the Social Security Act filed 
during months ending after the date of the enactment of 
this Act.