HR 743 RFS 
‘‘(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
HR 743 RFS 
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
HR 743 RFS 
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-
HR 743 RFS 
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
HR 743 RFS 
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-
HR 743 RFS 
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
HR 743 RFS 
‘‘(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:
HR 743 RFS 
‘‘(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-
HR 743 RFS 
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-
HR 743 RFS 
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-
HR 743 RFS 
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-
HR 743 RFS 
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.