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 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 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. Issuance by Commissioner of Social Security of receipts to acknowl-
edge submission of reports of changes in work or earnings sta-
tus of disabled beneficiaries.
Sec. 203. Denial of title II benefits to persons fleeing prosecution, custody, or
confinement, and to persons violating probation or parole.
Sec. 204. Requirements relating to offers to provide for a fee a product or serv-
ice available without charge from the Social Security Adminis-
tration.
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 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.
Sec. 418. 60-month period of employment requirement for application of gov-
ernment 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 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 Commis-
sioner 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)) (as
amended by section 209(b)(1) of this Act) is amend-
ed further by inserting after the first sentence the
following new sentences: ‘‘In any case in which a
representative 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 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 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 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 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 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 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 subpara-
graph 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;
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 representative payee with respect to which the Commis-
sioner makes the determination of misuse on or after Jan-
uary 1, 1995.
SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES.
(a) CERTIFICATION OF BONDING AND LICENSING
REQUIREMENTS
FOR
NONGOVERNMENTAL
ORGANIZA-
TIONAL REPRESENTATIVE PAYEES.—
(1) TITLE II AMENDMENTS.—Section 205(j) of
the Social Security Act (42 U.S.C. 405(j)) is
amended—
(A) in paragraph (2)(C)(v), by striking ‘‘a
community-based nonprofit social service agen-
cy licensed or bonded by the State’’ in sub-
clause (I) and inserting ‘‘a certified community-
based nonprofit social service agency (as de-
fined in paragraph (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
paragraph (9))’’;
(C) in paragraph (4)(B), by striking ‘‘any
community-based nonprofit social service agen-
cy 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 ‘cer-
tified community-based nonprofit social service agency’
means a community-based nonprofit social service agency
which is in compliance with requirements, under regula-
tions which shall be prescribed by the Commissioner, for
annual certification to the Commissioner that it is bonded
in accordance with requirements specified by the Commis-
sioner and that it is licensed in each State in which it
serves as a representative payee (if licensing is available
in such State) in accordance 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 certifi-
cation.’’.
(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 de-
fined 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 ac-
cordance’’;
(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 ‘cer-
tified community-based nonprofit social service agency’
means a community-based nonprofit social service agency
which is in compliance with requirements, under regula-
tions which shall be prescribed by the Commissioner, for
annual certification to the Commissioner that it is bonded
in accordance with requirements specified by the Commis-
sioner and that it is licensed in each State in which it
serves as a representative payee (if licensing is available
in the State) in accordance with requirements specified by
the Commissioner. Any such annual certification shall in-
clude a copy of any independent audit on the agency which
may have been performed since the previous certifi-
cation.’’.
(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 rep-
resentative 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 pay-
able under title VIII or title XVI) to another individual
pursuant to the appointment of such person or agency as
a representative payee under this subsection, section 807,
or section 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
Committee on Finance of the Senate a report on the re-
sults of periodic onsite reviews conducted during the fiscal
year pursuant to subparagraph (A) and of any other re-
views of representative payees conducted during such fis-
cal year in connection with benefits under this title. Each
such report shall describe in detail all problems identified
in such reviews 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 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
vendor, 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 Com-
missioner of Social Security may otherwise conduct, the
Commissioner 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 pay-
able under title II or title XVI) to another individual pur-
suant to the appointment of such person or agency as a
representative 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
Committee on Finance of the Senate a report on the re-
sults of periodic onsite reviews conducted during the fiscal
year pursuant to paragraph (1) and of any other reviews
of representative payees conducted during such fiscal year
in connection with benefits under this title. Each such re-
port shall describe in detail all problems identified in such
reviews 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 rep-
resentative 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
vendor, 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 mis-
use of funds, including any criminal penalties im-
posed; 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 fol-
lows:
‘‘(G)(i) In addition to such other reviews of rep-
resentative 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
combination with benefits payable under title II or title
VIII) to another individual pursuant to the appointment
of the person or agency as a representative payee under
this paragraph, section 205(j), or section 807 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
community-based nonprofit social service agency (as
defined in subparagraph (I) of this paragraph or
section 205(j)(9)); or
‘‘(III) the representative payee is an agency
(other than an agency described in subclause (II))
that serves in that capacity with respect to 50 or
more such individuals.
‘‘(ii) 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
Committee on Finance of the Senate a report on the re-
sults of periodic onsite reviews conducted during the fiscal
year pursuant to clause (i) 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 the re-
views and any corrective action taken or planned to be
taken to correct the problems, and shall include—
‘‘(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
vendor, 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
misuse 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
subclause (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 officer, with the current address, social security ac-
count number, and photograph (if applicable) of any per-
son investigated under this paragraph, if the officer fur-
nishes 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
‘‘subparagraph (B)(i)(IV),,’’ and inserting ‘‘subpara-
graph 
(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 sub-
clause (II);
(B) by striking the period at the end of
subclause (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 wheth-
er such person has been convicted of any other
offense under Federal or State law which re-
sulted in imprisonment for more than 1 year;
‘‘(E) obtain information concerning wheth-
er 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
provision 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
furnish any Federal, State, or local law enforcement
officer, upon the written request of the officer, with
the current address, social security account number,
and photograph (if applicable) of any person inves-
tigated under this subsection, if the officer furnishes
the Commissioner with the name of such person and
such other identifying information as may reason-
ably be required by the Commissioner to establish
the unique identity of such person, and notifies the
Commissioner 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
subparagraph (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
payment 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
subclause (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 impris-
onment 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 in-
serting ‘‘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 sub-
clause (II);
(B) by striking the period at the end of
subclause (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,
unless the Commissioner determines that the pay-
ment would be appropriate notwithstanding the con-
viction; or
‘‘(V) such person is a person described in sec-
tion 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 officer, with the current address, social security ac-
count number, and photograph (if applicable) of any per-
son investigated 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 thir-
teenth 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
reviews for the qualification (including disqualification) of
representative payees are sufficient to enable the Commis-
sioner to protect benefits from being misused by represent-
ative payees. The Commissioner shall submit the report
to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the
Senate no later than 270 days after the date of the enact-
ment of this Act. The Commissioner shall include in such
report any recommendations that the Commissioner con-
siders appropriate.
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
inserting ‘‘Except as provided in the next sentence,
a’’; and
(2) in the second sentence, by striking ‘‘The
Secretary’’ 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 Commis-
sioner’’.
(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
inserting ‘‘Except as provided in the next sentence,
a’’; and
(2) in the second sentence, by striking ‘‘The
Commissioner’’ and inserting the following: ‘‘A
qualified organization may not collect a fee from an
individual for any month with respect to which the
Commissioner of Social Security or a court of com-
petent jurisdiction has determined that the organiza-
tion misused all or part of the individual’s benefit,
and any amount so collected by the qualified organi-
zation for such month shall be treated as a misused
part of the individual’s benefit for purposes of sub-
paragraphs (E) and (F). The Commissioner’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to any month involving benefit mis-
use 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
MISUSED BENEFITS.
(a) TITLE II AMENDMENTS.—Section 205(j) of the
Social Security Act (42 U.S.C. 405(j)) (as amended by
sections 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)’’;
(3) in paragraph (6)(A)(ii), by striking ‘‘para-
graph (9)’’ and inserting ‘‘paragraph (10)’’; and
(4) by inserting after paragraph (6) the fol-
lowing new paragraph:
‘‘(7)(A) If the Commissioner of Social Security or a
court of competent jurisdiction determines that a rep-
resentative payee that is not a Federal, State, or local gov-
ernment agency has misused all or part of an individual’s
benefit that was paid to such representative payee under
this subsection, 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 representa-
tive payee for all purposes of this Act and related laws
pertaining to the recovery of such overpayments. Subject
to subparagraph (B), upon recovering all or any part of
such amount, the Commissioner shall certify an amount
equal to the recovered amount for payment to such indi-
vidual or such individual’s alternative representative
payee.
‘‘(B) The total of the amount certified for payment
to such individual or such individual’s alternative rep-
resentative payee under subparagraph (A) and the amount
certified for payment under paragraph (5) may not exceed
the total benefit amount misused by the representative
payee with respect to such individual.’’.
(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 representative payee for all purposes of
this Act and related laws pertaining to the recovery
of such overpayments. 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 indi-
vidual or such qualified individual’s alternative rep-
resentative payee.
‘‘(2) LIMITATION.—The total of the amount
paid to such individual or such individual’s alter-
native representative payee under paragraph (1) and
the amount paid under subsection (i) may not ex-
ceed the total benefit amount misused by the rep-
resentative 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 sec-
tion 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 rep-
resentative payee that is not a Federal, State, or local gov-
ernment agency has misused all or part of an individual’s
benefit that was paid to the representative payee under
this paragraph, 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
overpayment of benefits under this title to the representa-
tive 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 Commissioner shall make payment of an
amount equal to the recovered amount to such individual
or such individual’s alternative 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
representative payee with respect to such individual.’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply to benefit misuse by a representa-
tive payee in any case with respect to which the Commis-
sioner of Social Security or a court of competent jurisdic-
tion 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 amend-
ed 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
subparagraph (A) or (D) receiving payments on behalf of
another fails to submit a report required by the Commis-
sioner of Social Security under subparagraph (A) or (D),
the Commissioner may, after furnishing notice to such
person and the individual entitled to such payment, re-
quire that such person appear in person at a field office
of the Social Security Administration serving the area in
which the individual resides in order to receive such pay-
ments.’’.
(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
ACCOUNT-
ING.—In any case in which the person described in
paragraph (1) or (2) receiving benefit payments on
behalf of a qualified individual fails to submit a re-
port required by the Commissioner of Social Secu-
rity under paragraph (1) or (2), the Commissioner
may, after furnishing notice to such person and the
qualified individual, require 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 re-
sides 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 adding 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
appear in person at a field office of the Social Security
Administration serving the area in which the individual
resides 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 enactment 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 Se-
curity 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 addition to any other penalties that may be pre-
scribed by law, a civil money penalty of not more than
$5,000 for each such conversion. Such person shall also
be subject to an assessment, in lieu of damages sustained
by the United States resulting from the conversion, of not
more than twice the amount of any payments so con-
verted.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to violations com-
mitted 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
misleading,
‘‘(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 omis-
sion 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 rep-
resentation’’ in the second sentence.
(2) ADMINISTRATIVE PROCEDURE FOR IMPOS-
ING 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 fol-
lows through ‘‘shall be subject to,’’ and insert-
ing 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
person 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 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
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,’’.
(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 sub-
section (a) was made’’ and inserting ‘‘violation oc-
curred’’.
(d) EFFECTIVE DATE.—The amendments made by
this section shall apply with respect to violations com-
mitted after the date on which the Commissioner imple-
ments 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 centralized computer file recording the date of the sub-
mission of information by a disabled beneficiary (or rep-
resentative) 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 Jer-
sey, 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 ben-
efits have been withheld pursuant to clause (iv) or (v),
the Commissioner may, for good cause shown, pay such
withheld 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 officer, 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 in-
formation as reasonably required by the Commissioner to
establish the unique identity of the beneficiary, and noti-
fies the Commissioner 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 du-
ties; 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 regula-
tions 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 subsection (a)).
(c) EFFECTIVE DATE.—The amendments made by
subsection (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 Secu-
rity 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
Social 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 Admin-
istration, 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
connection 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
REFERENCE’’ and inserting ‘‘PROHIBITIONS RELAT-
ING 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
Security promulgates final regulations prescribing the
standards applicable to the notice required to be provided
in connection with such offer. The Commissioner shall
promulgate 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 sec-
ond sentence the following: ‘‘Notwithstanding the pre-
ceding sentences, the Commissioner, after due notice and
opportunity for hearing, (A) may refuse to recognize as
a representative, and may disqualify a representative al-
ready 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 disquali-
fied 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 attor-
ney who has been disbarred or suspended from any court
or bar to which he or she was previously admitted to prac-
tice. A representative who has been disqualified or sus-
pended pursuant to this section from appearing before the
Social Security Administration as a result of collecting or
receiving a fee in excess of the amount authorized shall
be barred from appearing before the Social Security Ad-
ministration as a representative until full restitution is
made to the claimant and, thereafter, may be considered
for reinstatement only under such rules as the Commis-
sioner 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 com-
munication) attempts to intimidate or impede any officer,
employee, or contractor of the Social Security Administra-
tion (including any State employee of a disability deter-
mination service or any other individual designated by the
Commissioner of Social Security) acting in an official ca-
pacity 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 im-
pedes, or attempts to obstruct or impede, the due adminis-
tration 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 Administration, 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
Security Act (42 U.S.C. 1320b–10(a)(1)) is amended—
(1) in subparagraph (A), by inserting ‘‘ ‘Cen-
ters for Medicare & Medicaid Services’,’’ after
‘‘ ‘Health Care Financing Administration’,’’, by
striking ‘‘or ‘Medicaid’, ’’ and inserting ‘‘ ‘Med-
icaid’, ‘Death Benefits Update’, ‘Federal Benefit In-
formation’, ‘Funeral Expenses’, or ‘Final Supple-
mental Plan’,’’ and by inserting ‘‘ ‘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 Com-
missioner of Social Security as to whether the indi-
vidual 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 so-
cial security account number or a number pur-
porting 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 ren-
dered 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
individual is liable as overpayments by reason of such con-
cealment.’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (a) shall apply with respect to work activity
performed 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 fol-
lowing 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 author-
ized 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 Administration 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
paragraph:
‘‘(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 author-
ized 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 con-
sidered the victim.
‘‘(C) STATED REASONS FOR NOT ORDER-
ING RESTITUTION.—If the court does not order
restitution, 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 sub-
section (c); and
(2) by inserting after subsection (a) the fol-
lowing 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 author-
ized 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 Administration 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 RESTITU-
TION PAYMENTS.—Section 704(b) of such Act (42 U.S.C.
904(b)) is amended by adding at the end the following
new paragraph:
‘‘(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 es-
tablished in the Treasury of the United States for
amounts so received or recovered. The amounts so cred-
ited, to the extent and in the amounts provided in advance
in appropriations Acts, shall be available to defray ex-
penses incurred in carrying 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 Fed-
eral Disability Insurance Trust Fund, as determined ap-
propriate 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 miscellaneous receipts.’’.
(e) EFFECTIVE DATE.—The amendments made by
subsections (a), (b), and (c) shall apply with respect to
violations 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 great-
er of $75 or the adjusted amount as provided pursu-
ant to the following two sentences’’ after ‘‘subpara-
graph (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
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 ad-
just 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 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 representa-
tion 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
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’;
‘‘(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-
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
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
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
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.
(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.’’.
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-
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-
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
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.
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-
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)
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
(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—
(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