133
employ of any such governmental entity which did not con-
stitute employment (as defined in section 3121(b)).’’. 
(b) DISCLOSURE.—Section 6103(l)(1) of the Internal 
Revenue Code of 1986 (relating to disclosure of certain re-
turns and return information to Social Security Adminis-
tration and Railroad Retirement Board) is amended—
(1) in subparagraph (B), by striking ‘‘and’’; and 
(2) in subparagraph (C), by striking the period 
and inserting ‘‘; and’’; and 
(3) by adding at the end the following: 
‘‘(D) any designated distribution described 
in the second sentence of section 6047(d)(2) to 
the Social Security Administration for purposes 
of its administration of the Social Security 
Act.’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to distributions made after December 31, 
2003. 
SEC. 211. AUTHORITY FOR CROSS-PROGRAM RECOVERY OF 
BENEFIT OVERPAYMENTS. 
(a) IN GENERAL.—Section 1147 of the Social Security 
Act (42 U.S.C. 1320b–17) is amended to read as follows: 
‘‘CROSS-PROGRAM RECOVERY OF OVERPAYMENTS FROM 
BENEFITS 
‘‘(a) IN GENERAL.—Subject to subsection (b), whenever 
the Commissioner of Social Security determines that more
134
than the correct amount of any payment has been made 
to a person under a program described in subsection (e), 
the Commissioner of Social Security may recover the 
amount incorrectly paid by decreasing any amount which 
is payable to such person under any other program speci-
fied in that subsection. 
‘‘(b) LIMITATION APPLICABLE TO CURRENT BENE-
FITS.—
‘‘(1) IN GENERAL.—In carrying out subsection 
(a), the Commissioner of Social Security may not de-
crease the monthly amount payable to an individual 
under a program described in subsection (e) that is 
paid when regularly due—
‘‘(A) in the case of benefits under title II or 
VIII, by more than 10 percent of the amount of 
the benefit payable to the person for that month 
under such title; and 
‘‘(B) in the case of benefits under title XVI, 
by an amount greater than the lesser of—
‘‘(i) the amount of the benefit payable 
to the person for that month; or 
‘‘(ii) an amount equal to 10 percent of 
the person’s income for that month (includ-
ing such monthly benefit but excluding pay-
ments under title II when recovery is also
135
made from title II payments and excluding 
income 
excluded 
pursuant 
to 
section 
1612(b)). 
‘‘(2) EXCEPTION.—Paragraph (1) shall not 
apply if—
‘‘(A) the person or the spouse of the person 
was involved in willful misrepresentation or con-
cealment of material information in connection 
with the amount incorrectly paid; or 
‘‘(B) the person so requests. 
‘‘(c) NO EFFECT ON ELIGIBILITY OR BENEFIT AMOUNT 
UNDER TITLE VIII OR XVI.—In any case in which the 
Commissioner of Social Security takes action in accordance 
with subsection (a) to recover an amount incorrectly paid 
to any person, neither that person, nor (with respect to the 
program described in subsection (e)(3)) any individual 
whose eligibility for benefits under such program or whose 
amount of such benefits, is determined by considering any 
part of that person’s income, shall, as a result of such ac-
tion—
‘‘(1) become eligible for benefits under the pro-
gram described in paragraph (2) or (3) of subsection 
(e); or
136
‘‘(2) if such person or individual is otherwise so 
eligible, become eligible for increased benefits under 
such program. 
‘‘(d) INAPPLICABILITY OF PROHIBITION AGAINST AS-
SESSMENT AND LEGAL PROCESS.—Section 207 shall not 
apply to actions taken under the provisions of this section 
to decrease amounts payable under titles II and XVI. 
‘‘(e) PROGRAMS DESCRIBED.—The programs described 
in this subsection are the following: 
‘‘(1) The old-age, survivors, and disability insur-
ance benefits program under title II. 
‘‘(2) The special benefits for certain World War 
II veterans program under title VIII. 
‘‘(3) The supplemental security income benefits 
program under title XVI (including, for purposes of 
this section, State supplementary payments paid by 
the Commissioner pursuant to an agreement under 
section 1616(a) of this Act or section 212(b) of Public 
Law 93–66).’’. 
(b) CONFORMING AMENDMENTS.—
(1) Section 204(g) of the Social Security Act (42 
U.S.C. 404(g)) is amended to read as follows: 
‘‘(g) For provisions relating to the cross-program re-
covery of overpayments made under programs administered 
by the Commissioner of Social Security, see section 1147.’’.
137
(2) Section 808 of the Social Security Act (42 
U.S.C. 1008) is amended—
(A) in subsection (a)(1)—
(i) by striking subparagraph (B); 
(ii) in the matter preceding subpara-
graph (A), by striking ‘‘any payment’’ and 
all that follows through ‘‘under this title’’ 
and inserting ‘‘any payment under this 
title’’; and 
(iii) by striking ‘‘; or’’ and inserting a 
period; 
(B) by striking subsection (b) and redesig-
nating subsections (c), (d), and (e) as subsections 
(b), (c), and (d), respectively; and 
(C) by adding at the end the following: 
‘‘(e) 
CROSS-PROGRAM
RECOVERY
OF
OVERPAY-
MENTS.—For provisions relating to the cross-program re-
covery of overpayments made under programs administered 
by the Commissioner of Social Security, see section 1147.’’. 
(3) Section 1147A of the Social Security Act (42 
U.S.C. 1320b–18) is repealed. 
(4) Section 1631(b) of the Social Security Act 
(42 U.S.C. 1383(b)) is amended—
(A) in paragraph (1)(B)—
138
(i) by striking ‘‘excluding any other’’ 
and inserting ‘‘excluding payments under 
title II when recovery is made from title II 
payments pursuant to section 1147 and ex-
cluding’’; and 
(ii) by striking ‘‘50 percent of’’; and 
(B) by striking paragraph (6) and inserting 
the following: 
‘‘(6) For provisions relating to the cross-program re-
covery of overpayments made under programs administered 
by the Commissioner of Social Security, see section 1147.’’. 
(c) EFFECTIVE DATE.—The amendments and repeal 
made by this section shall take effect on the date of enact-
ment of this Act, and shall be effective with respect to over-
payments under titles II, VIII, and XVI of the Social Secu-
rity Act that are outstanding on or after such date. 
SEC. 212. PROHIBITION ON PAYMENT OF TITLE II BENEFITS 
TO PERSONS NOT AUTHORIZED TO WORK IN 
THE UNITED STATES. 
(a) FULLY INSURED AND CURRENTLY INSURED INDI-
VIDUALS.—Section 214 (42 U.S.C. 414) is amended—
(1) in subsection (a), by inserting before the pe-
riod at the end the following: ‘‘, and who satisfies the 
criterion specified in subsection (c)’’;
139
(2) in subsection (b), by inserting before the pe-
riod at the end the following: ‘‘, and who satisfies the 
criterion specified in subsection (c)’’; and 
(3) by adding at the end the following: 
‘‘(c) For purposes of subsections (a) and (b), the cri-
terion specified in this subsection is that the individual, 
if not a United States citizen or national, has been assigned 
a social security account number that was, at the time of 
assignment, or at any later time, consistent with the re-
quirements 
of 
subclause 
(I) 
or 
(III) 
of 
section 
205(c)(2)(B)(i).’’. 
(b) DISABILITY BENEFITS.—Section 223(a)(1) of the 
Social Security Act (42 U.S.C. 423(a)(1)) is amended—
(1) by redesignating subparagraphs (C) and (D) 
as subparagraphs (D) and (E), respectively; and 
(2) by inserting after subparagraph (B), the fol-
lowing: 
‘‘(C) if not a United States citizen or national, 
has been assigned a social security account number 
that was, at the time of assignment, or at any later 
time, consistent with the requirements of subclause (I) 
or (III) of section 205(c)(2)(B)(i),’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section apply to benefit applications filed on or after Janu-
ary 1, 2004.
140
TITLE 
III—ATTORNEY 
REP-
RESENTATIVE FEE PAYMENT 
SYSTEM IMPROVEMENTS 
SEC. 301. CAP ON ATTORNEY ASSESSMENTS. 
(a) IN GENERAL.—Section 206(d)(2)(A) of the Social 
Security Act (42 U.S.C. 406(d)(2)(A)) is amended—
(1) by inserting ‘‘, except that the maximum 
amount of the assessment may not exceed the greater 
of $75 or the adjusted amount as provided pursuant 
to the following two sentences’’ after ‘‘subparagraph 
(B)’’; and 
(2) by adding at the end the following: ‘‘In the 
case of any calendar year beginning after the amend-
ments made by section 301 of the Social Security 
Protection Act of 2003 take effect, the dollar amount 
specified in the preceding sentence (including a pre-
viously adjusted amount) shall be adjusted annually 
under the procedures used to adjust benefit amounts 
under section 215(i)(2)(A)(ii), except such adjustment 
shall be based on the higher of $75 or the previously 
adjusted amount that would have been in effect for 
December of the preceding year, but for the rounding 
of such amount pursuant to the following sentence. 
Any amount so adjusted that is not a multiple of $1
141
shall be rounded to the next lowest multiple of $1, 
but in no case less than $75.’’. 
(b) EFFECTIVE DATE.—The amendments made by this 
section shall apply with respect to fees for representation 
of claimants which are first required to be certified or paid 
under section 206 of the Social Security Act on or after 
the first day of the first month that begins after 180 days 
after the date of the enactment of this Act. 
SEC. 302. GAO STUDY REGARDING FEE PAYMENT PROCESS 
FOR CLAIMANT REPRESENTATIVES. 
(a) STUDY.—
(1) IN GENERAL.—The Comptroller General of 
the United States shall study and evaluate the ap-
pointment and payment of claimant representatives 
under titles II and XVI of the Social Security Act (42 
U.S.C. 401 et seq., 1381 et seq.). 
(2) CONSULTATION REQUIRED.—The Comptroller 
General shall consult with beneficiaries under title II 
of such Act, beneficiaries under title XVI of such Act, 
claimant representatives of beneficiaries under such 
titles, and other interested parties, in conducting the 
study and evaluation required under paragraph (1). 
(b) REPORT.—Not later than 2 years after the date 
of enactment of this Act, the Comptroller General shall sub-
mit to the Committee on Ways and Means of the House
142
of Representatives and the Committee on Finance of the 
Senate a report that includes the following: 
(1) A survey of the relevant characteristics of 
claimant representatives that provides statistically 
significant results for characteristics which include 
(but are not limited to)—
(A) qualifications and experience; 
(B) the type of employment of such rep-
resentatives, such as with an advocacy group, 
State or local government, or insurance or other 
company; 
(C) geographical distribution between urban 
and rural areas; 
(D) the nature of claimants’ cases, such as 
whether the cases are for disability insurance 
benefits only, supplemental security income bene-
fits only, or concurrent benefits; 
(E) the relationship of such representatives 
to claimants, such as whether the representative 
is a friend, family member, or client of the 
claimant; and 
(F) the amount of compensation (if any) 
paid to the representatives and the method of 
payment of such compensation.
143
(2) An assessment of the quality and effectiveness 
of the services provided by claimant representatives, 
including a comparison of claimant satisfaction or 
complaints and benefit outcomes, adjusted for dif-
ferences in representatives’ caseload, claimants’ diag-
nostic group, level of decision, and other relevant fac-
tors. 
(3) An assessment of the costs and benefits of the 
appointment and payment of representatives with re-
spect to claimant satisfaction or complaints, benefit 
outcomes, and program administration. 
(4) An assessment of the potential results, in-
cluding the effect on claimants and program adminis-
tration, of extending to title XVI of the Social Secu-
rity Act the fee withholding procedures which apply 
under title II of that Act and of allowing non-attor-
ney representatives to be subject to any fee with-
holding procedures applicable under title II and XVI 
of such Act, and whether the rules and procedures em-
ployed by the Commissioner of Social Security to 
evaluate the qualifications and performance of claim-
ant representatives should be revised prior to any ex-
tensions of fee withholding.