(6) in the heading, by striking ‘‘Deportation’’ 
and inserting ‘‘Removal’’. 
(b) CORRECTION
OF CITATION RESPECTING
THE 
TAX DEDUCTION RELATING
TO HEALTH INSURANCE 
COSTS
OF
SELF-EMPLOYED
INDIVIDUALS.—Section 
211(a)(15) of such Act (42 U.S.C. 411(a)(15)) is amend-
ed by striking ‘‘section 162(m)’’ and inserting ‘‘section 
162(l)’’. 
(c) ELIMINATION OF REFERENCE TO OBSOLETE 20-
DAY AGRICULTURAL WORK TEST.—Section 3102(a) of 
the Internal Revenue Code of 1986 is amended by striking 
‘‘and the employee has not performed agricultural labor 
for the employer on 20 days or more in the calendar year 
for cash remuneration computed on a time basis’’. 
SEC. 425. TECHNICAL CORRECTION RESPECTING SELF-EM-
PLOYMENT INCOME IN COMMUNITY PROP-
ERTY STATES. 
(a) SOCIAL SECURITY ACT AMENDMENT.—Section 
211(a)(5)(A)
of
the
Social
Security
Act
(42 
U.S.C. 411(a)(5)(A)) is amended by striking ‘‘all of the 
gross income’’ and all that follows and inserting ‘‘the gross 
income and deductions attributable to such trade or busi-
ness shall be treated as the gross income and deductions 
of the spouse carrying on such trade or business or, if 
such trade or business is jointly operated, treated as the
gross income and deductions of each spouse on the basis 
of their respective distributive share of the gross income 
and deductions;’’. 
(b) INTERNAL REVENUE CODE OF 1986 AMEND-
MENT.—Section 1402(a)(5)(A) of the Internal Revenue 
Code of 1986 is amended by striking ‘‘all of the gross in-
come’’ and all that follows and inserting ‘‘the gross income 
and deductions attributable to such trade or business shall 
be treated as the gross income and deductions of the 
spouse carrying on such trade or business or, if such trade 
or business is jointly operated, treated as the gross income 
and deductions of each spouse on the basis of their respec-
tive distributive share of the gross income and deductions; 
and’’.
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the ‘‘So-
cial 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 representative 
payee fails to provide required accounting. 
Sec. 107. Survey of use of payments by representative payees. 
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 withholding of mate-
rial facts. 
Sec. 202. Issuance by Commissioner of Social Security of receipts to acknowledge 
submission of reports of changes in work or earnings status of 
disabled beneficiaries. 
Sec. 203. Denial of title II benefits to persons fleeing prosecution, custody, or con-
finement, and to persons violating probation or parole. 
Sec. 204. Requirements relating to offers to provide for a fee a product or service 
available without charge from the Social Security Administra-
tion. 
Sec. 205. Refusal to recognize certain individuals as claimant representatives. 
Sec. 206. Criminal penalty for corrupt or forcible interference with administra-
tion of Social 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. 
Sec. 210. Information for administration of provisions related to noncovered em-
ployment. 
Sec. 211. Cross-program recovery of overpayments. 
Sec. 212. Prohibition on payment of title II benefits to persons not authorized to 
work in the United States. 
TITLE III—ATTORNEY REPRESENTATIVE FEE PAYMENT SYSTEM 
IMPROVEMENTS 
Sec. 301. Cap on attorney assessments. 
Sec. 302. GAO study of fee payment process for claimant representatives. 
TITLE IV—MISCELLANEOUS AND TECHNICAL AMENDMENTS 
Subtitle A—Amendments Relating to the Ticket to Work and Work Incentives 
Improvement Act of 1999
Sec. 401. Elimination of demonstration authority sunset date. 
Sec. 402. Expansion of waiver authority available in connection with demonstra-
tion projects providing for reductions in disability insurance 
benefits based on earnings. 
Sec. 403. Funding of demonstration projects providing 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 indi-
vidual work plans under the Ticket to Work and Self-Sufficiency 
Program.
Sec. 406. GAO study regarding the Ticket to Work and Self-Sufficiency 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 in-
dividual whose earnings are subject to the laws of a totalization 
agreement partner. 
Sec. 416. Coverage under divided retirement system for public employees. 
Sec. 417. Compensation for the Social Security Advisory Board. 
Sec. 418. 60-month period of employment requirement for government pension 
offset exemption. 
Sec. 419. Post-1956 Military Wage Credits. 
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. 
Sec. 426. Technical amendments to the Railroad Retirement and Survivors Im-
provement Act of 2001.
Subtitle D—Amendments Related to Title XVI
Sec. 430. Exclusion from income for certain infrequent or irregular income and 
certain interest or dividend income. 
Sec. 431. Uniform 9-month resource exclusion periods. 
Sec. 432. Modification of dedicated account requirements. 
Sec. 433. Elimination of certain restrictions on the application of the student 
earned income exclusion. 
Sec. 434. Exclusion of Americorps and other volunteer benefits for purposes of de-
termining supplemental security income eligibility and benefit 
amounts and social security disability insurance entitlement. 
Sec. 435. Exception to retrospective monthly accounting for nonrecurring income. 
Sec. 436. Removal of restriction on payment of benefits to children who are born 
or who become blind or disabled after their military parents are 
stationed overseas. 
Sec. 437. Treatment of education-related income and resources. 
Sec. 438. Monthly treatment of uniformed service compensation. 
Sec. 439. Update of resource limits. 
Sec. 440. Review of State agency blindness and disability determinations.
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: ‘‘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 titles; 
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: 
‘‘(8) For purposes of this subsection, misuse of benefits 
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 pay-
ment, or any part thereof, to a use other than for the use 
and benefit of such other person. The Commissioner of So-
cial 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)(1) 
of 
the 
Social 
Security 
Act 
(42 
U.S.C. 1007(i)) (as amended by section 209(b)(1) of 
this Act) is amended further by inserting after the 
first sentence the following: ‘‘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 Social 
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 limita-
tions of subsection (l)(2).’’. 
(2) MISUSE
OF
BENEFITS
DEFINED.—Section 
807 of such Act (42 U.S.C. 1007) is amended by add-
ing at the end the following: 
‘‘(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 payment 
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 in-
serting ‘‘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: ‘‘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 dur-
ing a period when misuse occurs, serves 15 or more 
individuals 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 such 
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 such 
benefit so misused. The provisions of this subparagraph 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; 
(B) in paragraph (13), by striking the pe-
riod and inserting ‘‘; and’’; and
(C) by inserting after paragraph (13) the 
following: 
‘‘(14) for the 9-month period beginning after the 
month in which received, any amount received by 
such individual (or spouse) or any other person whose 
income is deemed to be included in such individual’s 
(or spouse’s) income for purposes of this title as res-
titution for benefits under this title, title II, or title 
VIII that a representative payee of such individual 
(or spouse) or such other person under section 205(j), 
807, or 1631(a)(2) has misused.’’. 
(3) MISUSE
OF
BENEFITS
DEFINED.—Section 
1631(a)(2)(A) of such Act (42 U.S.C. 1383(a)(2)(A)) 
is amended by adding at the end the following: 
‘‘(iv) For purposes of this paragraph, 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 Commissioner of 
Social Security may prescribe by regulation the 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 rep-
resentative payee with respect to which the Commissioner
of Social Security makes the determination of misuse on 
or after January 1, 1995. 
SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES. 
(a) CERTIFICATION OF BONDING AND LICENSING RE-
QUIREMENTS
FOR NONGOVERNMENTAL ORGANIZATIONAL 
REPRESENTATIVE PAYEES.—
(1) TITLE II AMENDMENTS.—Section 205(j) of 
the Social Security Act (42 U.S.C. 405(j)) is amend-
ed—
(A) in paragraph (2)(C)(v), by striking ‘‘a 
community-based nonprofit social service agency 
licensed or bonded by the State’’ in subclause (I) 
and inserting ‘‘a certified community-based non-
profit social service agency (as defined in para-
graph (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 para-
graph (9))’’; 
(C) in paragraph (4)(B), by striking ‘‘any 
community-based nonprofit social service agency 
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: 
‘‘(9) For purposes of this subsection, the term ‘certified 
community-based nonprofit social service agency’ means a 
community-based nonprofit social service agency which is 
in compliance with requirements, under regulations which 
shall be prescribed by the Commissioner, for annual certifi-
cation to the Commissioner that it is bonded in accordance 
with requirements specified by the Commissioner and that 
it is licensed in each State in which it serves as a represent-
ative payee (if licensing is available in the State) in accord-
ance with requirements specified by the Commissioner. Any 
such annual certification shall include a copy of any inde-
pendent audit on the agency which may have been per-
formed since the previous certification.’’. 
(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 defined 
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 accord-
ance’’; 
(ii) by redesignating items (aa) and 
(bb) as subclauses (I) and (II), respectively 
(and adjusting the margins accordingly); 
and 
(iii) by striking ‘‘subclause (II)(bb)’’ 
and inserting ‘‘subclause (II)’’; and 
(C) by adding at the end the following: 
‘‘(I) For purposes of this paragraph, the term ‘certified 
community-based nonprofit social service agency’ means a 
community-based nonprofit social service agency which is 
in compliance with requirements, under regulations which 
shall be prescribed by the Commissioner, for annual certifi-
cation to the Commissioner that it is bonded in accordance 
with requirements specified by the Commissioner and that 
it is licensed in each State in which it serves as a represent-
ative payee (if licensing is available in the State) in accord-
ance with requirements specified by the Commissioner. Any 
such annual certification shall include a copy of any inde-
pendent audit on the agency which may have been per-
formed since the previous certification.’’. 
(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 represent-
ative 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 payable 
under title VIII or title XVI) to another individual pursu-
ant to the appointment of such person or agency as a rep-
resentative payee under this subsection, section 807, or sec-
tion 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 Com-
mittee on Finance of the Senate a report on the results of 
periodic onsite reviews conducted during the fiscal year 
pursuant to subparagraph (A) 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 such re-
views 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 represent-
ative 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 ven-
dor, 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 fol-
lowing: 
‘‘(k) PERIODIC ONSITE REVIEW.—
‘‘(1) IN GENERAL.—In addition to such other re-
views of representative payees as the Commissioner of 
Social Security may otherwise conduct, the Commis-
sioner may provide for the periodic onsite review of
any person or agency that receives the benefits pay-
able under this title (alone or in combination with 
benefits payable under title II or title XVI) to another 
individual pursuant to the appointment of such per-
son 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) REPORT.—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 Rep-
resentatives and the Committee on Finance of the 
Senate a report on the results of periodic onsite re-
views conducted during the fiscal year pursuant to 
paragraph (1) and of any other reviews of representa-
tive payees conducted during such fiscal year in con-
nection 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 exer-
cise of expedited, targeted oversight of the rep-
resentative payee by the Commissioner conducted 
upon receipt of an allegation of misuse of funds, 
failure to pay a vendor, or a similar irregu-
larity; 
‘‘(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 
misuse of funds, including any criminal pen-
alties imposed; and 
‘‘(H) such other information as the Com-
missioner 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 follows:
‘‘(G)(i) In addition to such other reviews of representa-
tive 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 combina-
tion with benefits payable under title II or title VIII) to 
another individual pursuant to the appointment of the per-
son or agency as a representative payee under this para-
graph, 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 com-
munity-based nonprofit social service agency (as de-
fined in subparagraph (I) of this paragraph or sec-
tion 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 Com-
mittee on Finance of the Senate a report on the results of 
periodic onsite reviews conducted during the fiscal year
pursuant to clause (i) and of any other reviews of represent-
ative payees conducted during such fiscal year in connec-
tion with benefits under this title. Each such report shall 
describe in detail all problems identified in the reviews 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 ven-
dor, 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.’’.
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 sub-
clause (VI); and 
(C) by inserting after subclause (III) the 
following: 
‘‘(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: 
‘‘(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 offi-
cer, with the current address, social security account num-
ber, and photograph (if applicable) of any person inves-
tigated under this paragraph, 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 
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)—
(A) by striking ‘‘subparagraph (B)(i)(IV),,’’ 
and inserting ‘‘subparagraph (B)(i)(VI)’’; and 
(B) 
by 
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 subclause 
(II); 
(B) by striking the period at the end of sub-
clause (III) and inserting a comma; and 
(C) by adding at the end the following: 
‘‘(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: 
‘‘(D) obtain information concerning whether 
such person has been convicted of any other of-
fense under Federal or State law which resulted 
in imprisonment for more than 1 year;
100
‘‘(E) obtain information concerning whether 
such person is a person described in section 
804(a)(2); and’’; 
(2) in subsection (b), by adding at the end the 
following: 
‘‘(3) Notwithstanding the provisions of section 
552a of title 5, United States Code, or any other pro-
vision 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 fur-
nish any Federal, State, or local law enforcement offi-
cer, upon the written request of the officer, with the 
current address, social security account number, and 
photograph (if applicable) of any person investigated 
under this subsection, if the officer furnishes the Com-
missioner 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 Commis-
sioner 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
101
‘‘(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 sub-
paragraph (C) and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(D) such person has previously been con-
victed as described in subsection (b)(2)(D), un-
less the Commissioner determines that such pay-
ment 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 sub-
clause (VI); and 
(C) by inserting after subclause (III) the 
following:
102
‘‘(IV) obtain information concerning whether the 
person has been convicted of any other offense under 
Federal or State law which resulted in imprisonment 
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 insert-
ing ‘‘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 subclause 
(II); 
(B) by striking the period at the end of sub-
clause (III) and inserting a semicolon; and 
(C) by adding at the end the following: 
‘‘(IV) the person has previously been convicted as 
described in clause (ii)(IV) of this subparagraph, un-
less the Commissioner determines that the payment 
would be appropriate notwithstanding the conviction; 
or
103
‘‘(V) such person is a person described in section 
1611(e)(4)(A).’’; and 
(4) by adding at the end the following: 
‘‘(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 offi-
cer, with the current address, social security account num-
ber, and photograph (if applicable) of any person inves-
tigated 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.’’.
104
(d) EFFECTIVE DATE.—The amendments made by this 
section shall take effect on the first day of the thirteenth 
month beginning after the date of the enactment of this Act. 
(e) REPORT TO CONGRESS.—The Commissioner of So-
cial Security, in consultation with the Inspector General 
of the Social Security Administration, shall prepare a re-
port evaluating whether the existing procedures and reviews 
for the qualification (including disqualification) of rep-
resentative payees are sufficient to enable the Commissioner 
to protect benefits from being misused by representative 
payees. The Commissioner shall submit the report to the 
Committee on Ways and Means of the House of Representa-
tives and the Committee on Finance of the Senate no later 
than 270 days after the date of the enactment of this Act. 
The Commissioner shall include in such report any rec-
ommendations that the Commissioner considers appro-
priate. 
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 in-
serting ‘‘Except as provided in the next sentence, a’’; 
and
105
(2) in the second sentence, by striking ‘‘The Sec-
retary’’ and inserting the following: ‘‘A qualified or-
ganization may not collect a fee from an individual 
for any month with respect to which the Commis-
sioner of Social Security or a court of competent ju-
risdiction has determined that the organization mis-
used all or part of the individual’s benefit, and any 
amount so collected 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 Commissioner’’. 
(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 in-
serting ‘‘Except as provided in the next sentence, a’’; 
and 
(2) in the second sentence, by striking ‘‘The 
Commissioner’’ and inserting the following: ‘‘A quali-
fied organization may not collect a fee from an indi-
vidual for any month with respect to which the Com-
missioner of Social Security or a court of competent 
jurisdiction has determined that the organization 
misused all or part of the individual’s benefit, and 
any amount so collected by the qualified organization
106
for such month shall be treated as a misused part of 
the individual’s benefit for purposes of subparagraphs 
(E) and (F). The Commissioner’’. 
(c) EFFECTIVE DATE.—The amendments made by this 
section shall apply to any month involving benefit misuse 
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 MIS-
USED BENEFITS. 
(a) TITLE II AMENDMENTS.—Section 205(j) of the So-
cial Security Act (42 U.S.C. 405(j)) (as amended by sec-
tions 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: 
‘‘(7)(A) If the Commissioner of Social Security or a 
court of competent jurisdiction determines that a represent-
107
ative payee that is not a Federal, State, or local government 
agency has misused all or part of an individual’s benefit 
that was paid to such representative payee under this sub-
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 overpay-
ment 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 subparagraph 
(B), upon recovering all or any part of such amount, the 
Commissioner shall certify an amount equal to the recov-
ered amount for payment to such individual or such indi-
vidual’s alternative representative payee. 
‘‘(B) The total of the amount certified for payment to 
such individual or such individual’s alternative representa-
tive payee under subparagraph (A) and the amount cer-
tified 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: 
‘‘(l) LIABILITY FOR MISUSED AMOUNTS.—
‘‘(1) IN GENERAL.—If the Commissioner of So-
cial Security or a court of competent jurisdiction de-
108
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 rep-
resentative payee for all purposes of this Act and re-
lated laws pertaining to the recovery of such overpay-
ments. 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 individual or such qualified 
individual’s alternative representative payee. 
‘‘(2) LIMITATION.—The total of the amount paid 
to such individual or such individual’s alternative 
representative payee under paragraph (1) and the 
amount paid under subsection (i) may not exceed the 
total benefit amount misused by the representative 
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 section 
102(b)(3)) is amended further—
109
(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 represent-
ative payee that is not a Federal, State, or local government 
agency has misused all or part of an individual’s benefit 
that was paid to the representative payee under this para-
graph, 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 overpay-
ment of benefits under this title to the representative 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 Commis-
sioner shall make payment of an amount equal to the recov-
ered amount to such individual or such individual’s alter-
native 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 rep-
resentative payee with respect to such individual.’’.