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
‘‘Social Security Program Protection Act of 2002’’.
(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 upon conviction
of offenses resulting in imprisonment for more than 1 year and
upon fugitive felon status.
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 representa-
tive 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. Denial of title II benefits to fugitive felons and persons fleeing pros-
ecution.
Sec. 203. Requirements relating to offers to provide for a fee a product or serv-
ice available without charge from the Social Security Adminis-
tration.
Sec. 204. Refusal to recognize certain individuals as claimant representatives.
Sec. 205. Penalty for corrupt or forcible interference with administration of So-
cial Security Act.
Sec. 206. Use of symbols, emblems, or names in reference to social security or
medicare.
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 dem-
onstration projects providing for reductions in disability insur-
ance benefits based on earnings.
Sec. 403. Funding of demonstration projects provided for reductions in dis-
ability 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 in-
dividual work plans under the Ticket to Work and Self-Suffi-
ciency Program.
Subtitle B—Miscellaneous Amendments
Sec. 411. Elimination of transcript requirement in remand cases fully favorable
to the claimant.
Sec. 412. Nonpayment of benefits upon removal from the United States.
Sec. 413. Reinstatement of certain reporting requirements.
Sec. 414. Clarification of definitions regarding certain survivor benefits.
Sec. 415. Clarification respecting the FICA and SECA tax exemptions for an
individual whose earnings are subject to the laws of a total-
ization agreement partner.
Sec. 416. Coverage under divided retirement system for public employees in
Kentucky.
Sec. 417. Compensation for the Social Security Advisory Board.
Subtitle C—Technical Amendments
Sec. 431. Technical correction relating to responsible agency head.
Sec. 432. Technical correction relating to retirement benefits of ministers.
Sec. 433. Technical corrections relating to domestic employment.
Sec. 434. Technical corrections of outdated references.
Sec. 435. 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—
‘‘(A) that 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 ti-
tles;
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 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 Com-
missioner of Social Security may prescribe by regulation
the meaning of the term ‘use and benefit’ for purposes
of this paragraph.’’.
(b) TITLE VIII AMENDMENTS.—
(1) REISSUANCE OF BENEFITS.—Section 807(i)
of the Social Security Act (42 U.S.C. 1007(i)) is
amended by inserting after the first sentence the fol-
lowing new sentences: ‘‘In any case in which a rep-
resentative payee—
‘‘(1) that is not an individual; or
‘‘(2) 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 So-
cial 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 limi-
tations of subsection (l)(2).’’.
(2) MISUSE OF BENEFITS DEFINED.—Section
807 of such Act (42 U.S.C. 1007) is amended by
adding at the end the following 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 pay-
ment 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 pre-
scribe by regulation the meaning of the term ‘use and ben-
efit’ for purposes of this subsection.’’.
(3) TECHNICAL AMENDMENT.—Section 807(a)
of such Act (42 U.S.C. 1007(a)) is amended, in the
first sentence, by striking ‘‘for his or her benefit’’
and inserting ‘‘for his or her use and benefit’’.
(c) TITLE XVI AMENDMENTS.—
(1) 
REISSUANCE
OF
BENEFITS.—Section
1631(a)(2)(E) 
of 
such 
Act 
(42
U.S.C. 1383(a)(2)(E)) is amended by inserting
after the first sentence the following new sentences:
‘‘In any case in which a representative payee—
‘‘(i) that is not an individual (regardless of
whether it is a ‘qualified organization’ within the
meaning of subparagraph (D)(ii)); or
‘‘(ii) is an individual who, for any month during
a period when misuse occurs, serves 15 or more indi-
viduals 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 make payment to the beneficiary or the beneficiary’s
alternative representative payee of an amount equal to the
amount of the benefit so misused. The provisions of this
subparagraph are subject to the limitations of subpara-
graph (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