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 amendments 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 individual knows or should know is
material to the determination of any initial or con-
tinuing right to or the amount of monthly insurance
benefits under title II or benefits or payments under
title VIII or XVI, if the individual knows, or should
know, that the statement or representation with
such omission is false or misleading or that the with-
holding 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 in the first
sentence—
(A) by striking ‘‘who’’ 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 VIII or XVI that
the person knows or should know is false or mis-
leading,
‘‘(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 individual knows or should know is
material to the determination of any initial or con-
tinuing right to or the amount of monthly insurance
benefits under title II or benefits or payments under
title VIII or XVI, if the individual knows, or should
know, that the statement or representation with
such omission is false or misleading or that the with-
holding 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 DATES.—The amendments made by
this section shall apply with respect to violations com-
mitted after the date of the enactment of this Act.
SEC. 202. DISQUALIFICATION FROM ELIGIBILITY FOR
TRIAL WORK PERIOD UPON CRIMINAL, CIVIL,
OR ADMINISTRATIVE FINDING OF FRAUDU-
LENT CONCEALMENT OF WORK ACTIVITY.
(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) Effective upon the date of any final determina-
tion (after any applicable notice and opportunity for hear-
ing) by a Federal court or by a Federal agency (including
any final determination in a proceeding to determine
whether to impose a civil monetary penalty under this
Act), that an individual has fraudulently concealed work
activity from the Commissioner of Social Security—
‘‘(A) any ongoing period of trial work for such
individual under this subsection shall end with the
end of the preceding month,
‘‘(B) such individual shall have no period of
trial work thereafter in connection with any entitle-
ment of such individual under section 223, 202(d),
202(e), or 202(f),
‘‘(C) such individual shall not be eligible for any
subsequent waiver of adjustment of benefits or other
form of recovery applicable in connection with any
payment to such individual of more than the correct
amount under section 223, 202(d), 202(e), or 202(f)
by reason of such concealment, and
‘‘(D) amounts otherwise due under this title as
restitution, penalties, assessments, fines, or other re-
payments shall in all cases be in addition to any
amounts for which such individual is liable as over-
payments by reason of such concealment.’’.
(b) EFFECTIVE DATE.—The amendment made by
this section shall apply with respect to work activity per-
formed after the date of the enactment of this Act.
SEC. 203. DENIAL OF TITLE II BENEFITS TO FUGITIVE FEL-
ONS AND PERSONS FLEEING PROSECUTION.
(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, and Fugitives’’;
(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 an offense
punishable by imprisonment for more than 1 year
under the laws of the place from which the person
flees, 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), the Com-
missioner 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.’’.
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 content
of such notice and its placement, visibility, and leg-
ibility.
‘‘(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 Secu-
rity promulgates final regulations prescribing the stand-
ards applicable to the notice required to be provided in
connection with such offer. The Commissioner shall pro-
mulgate such final regulations within one 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 (A) may refuse to rec-
ognize as a representative, and may disqualify a represent-
ative already recognized, any attorney who has been dis-
barred or suspended from any court or bar to which he
or she was previously admitted to practice or who has been
disqualified from participating in or appearing before any
Federal program or agency, and (B) may refuse to recog-
nize, and may disqualify, as a non-attorney representative
any attorney who has been disbarred or suspended from
any court or bar to which he or she was previously admit-
ted to practice. A representative who has been disqualified
or suspended pursuant to this section from appearing be-
fore the Social Security Administration as a result of col-
lecting or receiving a fee in excess of the amount author-
ized shall be barred from appearing before the Social Se-
curity Administration as a representative until full restitu-
tion is made to the claimant and, thereafter, may be con-
sidered for reinstatement only under such rules as the
Commissioner may prescribe.’’.
SEC. 206. PENALTY FOR CORRUPT OR FORCIBLE INTER-
FERENCE WITH ADMINISTRATION OF SOCIAL
SECURITY ACT.
Part A of title XI of the Social Security Act (42
U.S.C. 1301 et seq.) is amended by inserting after section
1134 the following new section:
‘‘ATTEMPTS TO INTERFERE WITH ADMINISTRATION OF
SOCIAL SECURITY ACT
‘‘SEC. 
1135. CORRUPT
OR
FORCIBLE
INTER-
FERENCE.—whoever corruptly or by force or threats of
force (including any threatening letter or communication)
attempts to intimidate or impede any officer, employee,
or contractor of the social security administration (includ-
ing any State employee of a disability determination serv-
ice or any other individual designated by the commissioner
of social security) acting in an official capacity to carry
out a duty under this act, or in any other way corruptly
or by force or threats of force (including any threatening
letter or communication) obstructs or impedes, or at-
tempts to obstruct or impede, the due administration of
this act, shall be fined not more than $5,000, imprisoned
not more than 3 years, or both, except that if the offense
is committed only by threats of force, the person shall be
fined not more than $3,000, imprisoned not more than
1 year, or both. In this subsection, the term ‘threats of
force’ means threats of harm to the officer or employee
of the United States or to a member of the family of such
an officer or employee.’’.
TITLE III—ATTORNEY FEE PAY-
MENT 
SYSTEM 
IMPROVE-
MENTS
SEC. 301. CAP ON ATTORNEY ASSESSMENTS.
Section 206(d)(2)(A) of the Social Security Act (42
U.S.C. 406(d)(2)(A)) is amended by inserting ‘‘, except
that the maximum amount of the assessment may not ex-
ceed $100’’ after ‘‘subparagraph (B)’’.
SEC. 302. EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM
TO TITLE XVI CLAIMS.
Section 1631(d)(2) of the Social Security Act (42
U.S.C. 1383(d)(2)) is amended—
(1) in the matter in subparagraph (A) 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 (as determined before any applica-
ble reduction under section 1631(g), and reduced by the
amount of any reduction in benefits under this title or title
II made pursuant to section 1127(a)) to such attorney an
amount equal to so much of the maximum fee as does
not exceed 25 percent of such past-due benefits (as so de-
termined and so reduced).
‘‘(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 $100.
‘‘(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.’’.
SEC. 303. EFFECTIVE DATE OF TITLE.
The amendments made by this title shall apply with
respect to fees for representation of claimants which are
first required to be certified or paid under section 206 or
1631(d)(2) of the Social Security Act after 180 days after
the date of the enactment of this Act.
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
title XVIII of the Social Security Act, as appro-
priate. Benefits payable to or on behalf of individuals by
reason of participation in projects under this section shall
be made from the Federal Disability Insurance Trust
Fund and the Federal Old-Age and Survivors Insurance
Trust Fund, as determined appropriate by the Commis-
sioner of Social Security, 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 benefits under such title II or title
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) IN GENERAL.—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) EFFECTIVE DATE.—The amendment 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)
does 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)).
(C) Section 103(d)(2) of the Senior Citizens’
Right to Work Act of 1996 (42 U.S.C. 401 note).
SEC. 414. 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,’’.
(c) EFFECTIVE DATE.—The amendments made by
this section shall apply to items sent after the sixth month
ending after the Commissioner of Social Security promul-
gates final regulations prescribing the standards applica-
ble to the explicit statements required to be provided in
connection with such items. The Commissioner shall pro-
mulgate such final regulations within one year after the
date of the enactment of this Act.
SEC. 415. 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;
‘‘(E) the individual married the surviving wife
within 60 days after 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
the prior husband’s institutionalization, under the
laws of the State in which the individual was domi-
ciled at the time (as determined based on evidence
satisfactory to the Commissioner of Social Security),
‘‘(D) the prior husband continued to remain in-
stitutionalized up to the time of his death, and
‘‘(E) the individual married the surviving hus-
band within 60 days after prior husband’s death.’’.
(b) EFFECTIVE DATE.—The amendments made by
this section shall be effective with respect to applications
for benefits under title II of the Social Security Act filed
during months ending after the date of the enactment of
this Act.
SEC. 416. OPTIONAL METHODS FOR COMPUTING NET EARN-
INGS FROM SELF-EMPLOYMENT.
(a) AMENDMENTS
TO
THE INTERNAL REVENUE
CODE OF 1986.—
(1) IN GENERAL.—Section 1402(h) of the In-
ternal Revenue Code of 1986 is amended to read as
follows:
‘‘(h) OPTIONAL METHOD
FOR COMPUTING NET
EARNINGS FROM SELF-EMPLOYMENT.—
‘‘(1) INDIVIDUALS.—In the case of any trade or
business which is carried on by an individual—
‘‘(A) if the gross income derived by the in-
dividual from such trade or business is not
more than the upper limit for the taxable year
and the net earnings from self-employment de-
rived by the individual from such trade or busi-
ness (computed under subsection (a) without
regard to this sentence) are less than 662⁄3 per-
cent of such gross income, the net earnings
from self-employment derived by the individual
from such trade or business may, at the individ-
ual’s option, be deemed to be 662⁄3 percent of
such gross income, or
‘‘(B) if the gross income derived by the in-
dividual from such trade or business is more
than the upper limit for the taxable year and
the net earnings from self-employment derived
by the individual from such trade or business
(computed under subsection (a) without regard
to this sentence) are less than the lower limit
for the taxable year, the net earnings from self-
employment derived by the individual from such
trade or business may, at the individual’s op-
tion, be deemed to be the lower limit for the
taxable year.
‘‘(2) MEMBER OF A PARTNERSHIP.—In the case
of a member of a partnership carrying on any trade
or business—
‘‘(A) if the member’s distributive share of
the gross income of the partnership derived
from such trade or business (after such gross
income has been reduced by the sum of all pay-
ments to which section 707(c) applies) is not
more than the upper limit for the taxable year
and the member’s distributive share (whether or
not distributed) of income described in section
702(a)(8) derived from such trade or business
(computed under this subsection without regard
to this sentence) is less than 662⁄3 percent of
the member’s distributive share of such gross
income (after such gross income has been so re-
duced), the member’s distributive share of in-
come described in section 702(a)(8) derived
from such trade or business may, at the mem-
ber’s option, be deemed to be an amount equal
to 662⁄3 percent of the member’s distributive