Social Security Protection Act of 2004

Bill: 108-hr-743
Sponsor: Rep. Shaw, E. Clay, Jr. [R-FL-22]
Introduced: 2003-02-12 in the House
Policy area: Social Welfare
Subjects: Aliens
Armed Forces and National Security
Armed forces abroad
Assault
Auditing
Blind
Church property
Civil service retirement
Clergy
Collection of accounts
College costs
Commerce
Community property
Compensation for victims of crime
Congress
Congressional investigations
Congressional reporting requirements
Consumer education
Consumer protection
Court records
Crime and Law Enforcement
Criminal justice information
Data banks
Death
Deceptive advertising
Department of Health and Human Services
Deportation
Disability evaluation
Disabled
Divorce
Earned income tax credit
Earnings
Economics and Public Finance
Education
Electronic government information
Emblems
Employment of the disabled
Ex-offenders
Families
Federal advisory bodies
Federal employees
Federal officials
Fees
Finance and Financial Sector
Financial statements
Fines (Penalties)
Forfeiture
Fraud
Fugitives from justice
Gifts
Government Operations and Politics
Government paperwork
Government travel
Government trust funds
Governmental investigations
Health
Higher education
History
Household workers
Housing and Community Development
Identification of criminals
Illegal aliens
Immigration
Income
Income tax
International Affairs
Judicial review
Kentucky
Labor and Employment
Law
Lawyers
Legal ethics
Legal fees
Legal services
Liability (Law)
Licenses
Local employees
Louisiana
Marriage
Married people
Medicare
Mentally disabled
Military dependents
Military pay
Names
Nonprofit organizations
Obstruction of justice
Old age, survivors and disability insurance
Parents
Parole
Pension funds
Probation
Protection of officials
Religion
Rental housing
Salaries
Scholarships
Science, Technology, Communications
Self-employed
Sentences (Criminal procedure)
Signs and symbols
Smuggling
Social Security Administration
Social security beneficiaries
Social security eligibility
Social security numbers
Social security taxes
Students
Sunset legislation
Supplemental security income program
Surety and fidelity
Tax credits
Tax deductions
Tax exemption
Tax treaties
Taxation
Transportation and Public Works
Travel costs
Trusts and trustees
Veterans' pensions
Vocational rehabilitation
Welfare eligibility
Welfare fraud
Widowers
Widows
Women
World War II

Summary:
action_date: 2003-02-12
text: Social Security Protection Act of 2003 - Amends the Social Security Act to direct, with certain limitations, the Commissioner of Social Security to fully reimburse Social Security beneficiaries for any part of their benefit that was misused by a representative payee. Defines misuse of benefits. Establishes that a representative payee that is not a Federal, State or local government agency will be held liable for misuse of funds and for lying or withholding information relevant to his right to be a representative payee. 
Forbids a prospective representative payee of a beneficiary from serving if he has been convicted of any Federal or State offense resulting in imprisonment for more than one year, unless the Commissioner deems it appropriate. Forbids a fugitive felon from serving as a representative payee. Identifies attorneys who have received certain sanctions as ineligible to be representative payees.
Establishes that certain individuals fleeing prosecution, custody, or confinement, or violating probation or parole shall not be allowed benefits unless the Commissioner finds good cause to allow them. Forbids benefits from being distributed to individuals violating probation or parole under State or Federal law. Forbids payment of benefits to individuals removed from the United States.
Provides for disqualification from payment during trial work period upon conviction of fraudulent concealment of work activity.
Outlines authority for judicial orders of restitution.
Sets cap on assessments owed by attorney representatives upon receiving payments for past-due benefits. Sets cap of 25 percent of the amount of payment of past-due benefits for a payment from the Commissioner to an attorney representative.
Extends availability of Federal and State work incentive services to additional individuals.
action_date: 2003-03-24
text: 
Social Security Protection Act of 2003 - 
Title I: Protection of Beneficiaries
 - 
Subtitle A: Representative Payees
 - (Sec. 101) Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI), VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) (SSI) of the Social Security Act to direct the Commissioner of Social Security to fully reimburse Social Security beneficiaries for any part of their title II, VIII, or XVI benefits that was misused by a representative payee that is either: (1) not an individual (that is, an organization); or (2) an individual serving 15 or more beneficiaries during any month. Defines misuse of benefits as occurring when a representative payee receives payment for the use and benefit of another person or of another qualified individual and uses any part of it other than for the use and benefit of such person or individual. Excludes reissued benefits from an individual's resources.
 
(Sec. 102) Requires non-governmental representative payees to certify annually that they are bonded and State-licensed.
Directs the Commissioner to: (1) provide for the periodic onsite review of certain representative payees; and (2) report to Congress on the number of cases in which a representative payee was changed and the number of times in which a misuse of funds was discovered.
(Sec. 103) Forbids a prospective representative payee from receiving anyone's title II, VIII, or XVI benefit if the prospective representative payee: (1) has been convicted of any offense under Federal or State law resulting in imprisonment for more than one year (unless the Commissioner deems such payment would be appropriate notwithstanding such conviction); or (2) is a person fleeing prosecution, custody, or confinement for a felony. Forbids a fugitive felon from serving as a representative payee. Directs the Commissioner to assist law enforcement officials in apprehending such persons by providing them with the address, Social Security number, and photograph and other identifying information upon request.
Directs the Commissioner to evaluate and report to specified congressional committees on whether the existing procedures and reviews for the qualification and disqualification of representative payees are sufficient to guard against misuse of benefits.
(Sec. 104) Prohibits a representative payee from collecting a fee for services under titles II and XVI for any month if the Commissioner or a court of competent jurisdiction determines that the representative payee has misused any amount of a benefit for such month. Declares that any amount so collected by a representative payee shall be counted as a misused part of the benefit.
(Sec. 105) Provides that a representative payee that is not a Federal, State, or local government agency will be held liable for misuse of funds collected under titles II, VIII, and XVI, and that any misused amount recovered by the Commissioner shall be refunded to the beneficiary or the alternative representative payee.
(Sec. 106) Permits the Commissioner to require a representative payee to receive payments at the local Social Security field office if such representative has failed to furnish an annual report or a report requested by the Commissioner.

Subtitle B: Enforcement
 - (Sec. 111) Provides that each misuse of benefits under titles II, VIII and XVI by a representative payee shall be punishable by a civil penalty of up to $5,000, as well as an assessment of not more than twice the value of any misused payments.

Title II: Program Protections
 - (Sec. 201) Amends SSA title XI to provide for the imposition of civil monetary penalties and assessments and sanctions for the failure to come forward and notify the Social Security Administration of changed circumstances that affect eligibility or benefit amount when the person knows, or should know, that the failure to come forward is misleading.
(Sec. 202) Directs the Commissioner, until a centralized computer file recording the date of information submission is in place, to issue a receipt to the beneficiary or representative each time such individual submits documentation or reports to the Commissioner on a change in status.
(Sec. 203) Amends SSA title II to declare that an individual fleeing prosecution or confinement after conviction of an act or attempted act that constitutes a felony (in New Jersey, a high misdemeanor) shall not be allowed OASDI benefits. (The Commissioner currently can deny fugitive felons SSI benefits.) Allows the Commissioner to pay such withheld OASDI benefits for good cause shown. Forbids benefits for those violating probation or parole imposed under Federal or State law.
Requires the Commissioner to furnish any law enforcement officer with personal information about any beneficiary upon request if: (1) the beneficiary is fleeing prosecution or confinement, or violating a condition of probation or parole, and has information necessary for the officer to conduct his duties; and (2) the location or apprehension of the beneficiary is within the officer's duties.
(Sec. 204) Amends SSA title XI to prohibit anyone from offering for a fee information provided free of charge by the Social Security Administration unless such individual makes clear that the information is available free of charge and complies with standards prescribed by the Commissioner regarding placement, visibility, and legibility of such notice. Specifies that such restriction does not apply to offers to serve as a claimant representative or to help prepare an individual's plan for achieving self-support.
(Sec. 205) Amends SSA title II to permit the Commissioner to: (1) refuse to recognize as a representative payee or to disqualify as a representative payee already recognized any attorney who has been disbarred or suspended from any court or bar, or who has been disqualified from participating in or appearing before any Federal program or agency; and (2) refuse to recognize or to 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 admitted to practice. Declares that a representative payee disqualified or suspended for collecting or receiving a fee in excess of the authorized amount: (1) shall be barred from serving again until full restitution to the claimant is made; and (2) may then be considered for reinstatement only under rules prescribed by the Commissioner. 
(Sec. 206) Amends SSA title XI to establish a fine of up to $5,000 and a prison sentence of not more than three years for using force or attempting to use force to obstruct or impede any Social Security Administration officer, employee, or contractor while carrying out their official activities. Makes the penalties for a mere threat of force a maximum fine of $3,000 and a prison sentence of not more than one year. 
(Sec. 207) Adds specified terms to the prohibition on misuse of symbols, emblems, or names in reference to Social Security and Medicare.
(Sec. 208) Amends SSA title II to provide for disqualification from payment of any disability benefit upon conviction by a Federal court that an individual has fraudulently concealed work activity during a period of trial work.
(Sec. 209) Provides authority for judicial orders of restitution.

Title III: Attorney Fee Payment System Improvements
 - (Sec. 301) Amends SSA title II to set a cap on the assessment owed by attorney representatives upon receiving payments for past-due OASDI benefits, a cap that may not exceed the greater of $75 or the adjusted amount as provided for by this Act.
(Sec. 302) Extends to the payment of attorney fees incurred in connection with SSA title XVI claims the method used under SSA title II for direct payment out of the past-due benefits by the Social Security Administration of attorney fees incurred in connection with SSA title II claims.
Requires the Comptroller General to study and report to Congress on fee-withholding for non-attorney representatives representing claimants before the Social Security Administration.

Title IV: Miscellaneous and Technical Amendments
 - 
Subtitle A: Amendments Relating to the Ticket to Work and Work Incentives Improvement Act of 1999
 - Terminates after December 17, 2004, the Commissioner's authority to initiate demonstration projects with respect to alternative methods of treating the work activity of individuals entitled to disability insurance benefits.
(Sec. 402) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to authorize the Commissioner to waive certain Ticket to Work and Self-Sufficiency Program requirements with respect to certain title II demonstration projects providing for reductions in disability benefits based on earnings.
(Sec. 403) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to revise funding of such demonstration projects.
(Sec. 404) Amends SSA title XI to extend the definition of disabled beneficiary for the Federal Work Incentives outreach program and State grants for work incentives assistance to individuals who: (1) are blind or disabled and receiving SSI payments; (2) receive a State Supplementary payment; or (3) are in an extended period of Medicare eligibility under title VIII after a period of title II disability has ended.
Permits services under State grants for work incentives assistance to disabled beneficiaries to include advocacy or other necessary services to maintain gainful employment in addition to those for securing or regaining such employment.
(Sec. 405) Declares that an individual work plan established under the Act shall be treated under the Internal Revenue Code as an individualized written plan for employment under a State plan for vocational rehabilitation services approved under the Rehabilitation Act of 1973 (thus providing that employers who hire disabled workers through a referral by employment networks under the Ticket to Work program also qualify for the Work Opportunity Tax Credit).

Subtitle B: Miscellaneous Amendments
 - Amends SSA title II to eliminate the obligation for the Social Security Administration to file a transcript with the court when it makes a remand decision fully favorable to a claimant.
(Sec. 412) Terminates benefits under the Act for an individual upon deportation from the United States for smuggling aliens.
(Sec. 413) Amends the Federal Reports Elimination and Sunset Act of 1995 to reinstate certain reports eliminated by such Act, including the annual reports of the Board of Trustees on the OASDI, Hospital Insurance, and Supplementary Medical Insurance trust funds, continuing disability reviews, and disability determinations.
(Sec. 414) Amends SSA title II to create an exception to the nine-month marriage requirement for survivor benefits under the Act to treat as an eligible widow or widower the spouse of a deceased man or woman whom the deceased spouse would have married earlier but for the fact that a prior spouse's institutionalization for mental incompetence or similar incapacity made a divorce illegal.
(Sec. 416) Extends coverage under a divided retirement system for public employees in Kentucky.
(Sec. 417) Amends SSA title VII to declare that members of the Social Security Advisory Board shall be compensated at the rate of pay for level IV of the Executive Schedule.
(Sec. 418) Amends SSA title II with respect to survivors insurance benefits to provide for a 60-month period of employment requirement for application of the Government pension offset exemption.

Subtitle C: Technical Amendments
 - Amends SSA title XI to make the Commissioner, instead of the Secretary of Health and Human Services, responsible for sending periodic Social Security statements to individuals.
(Sec. 422) Makes technical amendments with respect to: (1) retirement benefits of ministers; (2) domestic employment; and (3) self-employment income in community property State.
action_date: 2003-04-02
text: Social Security Protection Act of 2003 - 
Title I: Protection of Beneficiaries
 - 
Subtitle A: Representative Payees
 - (Sec. 101) Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI), VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) (SSI) of the Social Security Act to direct the Commissioner of Social Security to fully reimburse Social Security beneficiaries for any part of their title II, VIII, or XVI benefits that was misused by a representative payee that is either: (1) not an individual (that is, an organization); or (2) an individual serving 15 or more beneficiaries during any month. Defines misuse of benefits as occurring when a representative payee receives payment for the use and benefit of another person or of another qualified individual and uses any part of it other than for the use and benefit of such person or individual. Excludes reissued benefits from an individual's resources. 
(Sec. 102) Requires non-governmental representative payees to certify annually that they are bonded and State-licensed.
Directs the Commissioner to: (1) provide for the periodic onsite review of certain representative payees; and (2) report to Congress on the number of cases in which a representative payee was changed and the number of times in which a misuse of funds was discovered.
(Sec. 103) Forbids a prospective representative payee from receiving anyone's title II, VIII, or XVI benefit if the prospective representative payee: (1) has been convicted of any offense under Federal or State law resulting in imprisonment for more than one year (unless the Commissioner deems such payment would be appropriate notwithstanding such conviction); or (2) is a person fleeing prosecution, custody, or confinement for a felony. Forbids a fugitive felon from serving as a representative payee. Directs the Commissioner to assist law enforcement officials in apprehending such persons by providing them with the address, Social Security number, and photograph and other identifying information upon request.
Directs the Commissioner to evaluate and report to specified congressional committees on whether the existing procedures and reviews for the qualification and disqualification of representative payees are sufficient to guard against misuse of benefits.
(Sec. 104) Prohibits a representative payee from collecting a fee for services under titles II and XVI for any month if the Commissioner or a court of competent jurisdiction determines that the representative payee has misused any amount of a benefit for such month. Declares that any amount so collected by a representative payee shall be counted as a misused part of the benefit.
(Sec. 105) Provides that a representative payee that is not a Federal, State, or local government agency will be held liable for misuse of funds collected under titles II, VIII, and XVI, and that any misused amount recovered by the Commissioner shall be refunded to the beneficiary or the alternative representative payee.
(Sec. 106) Permits the Commissioner to require a representative payee to receive payments at the local Social Security field office if such representative has failed to furnish an annual report or a report requested by the Commissioner.

Subtitle B: Enforcement
 - (Sec. 111) Provides that each misuse of benefits under titles II, VIII and XVI by a representative payee shall be punishable by a civil penalty of up to $5,000, as well as an assessment of not more than twice the value of any misused payments.

Title II: Program Protections
 - (Sec. 201) Amends SSA title XI to provide for the imposition of civil monetary penalties and assessments and sanctions for the failure to come forward and notify the Social Security Administration of changed circumstances that affect eligibility or benefit amount when the person knows, or should know, that the failure to come forward is misleading.
(Sec. 202) Directs the Commissioner, until a centralized computer file recording the date of information submission is in place, to issue a receipt to the beneficiary or representative each time such individual submits documentation or reports to the Commissioner on a change in status.
(Sec. 203) Amends SSA title II to declare that an individual fleeing prosecution or confinement after conviction of an act or attempted act that constitutes a felony (in New Jersey, a high misdemeanor) shall not be allowed OASDI benefits. (The Commissioner currently can deny fugitive felons SSI benefits.) Allows the Commissioner to pay such withheld OASDI benefits for good cause shown. Forbids benefits for those violating probation or parole imposed under Federal or State law.
Requires the Commissioner to furnish any law enforcement officer with personal information about any beneficiary upon request if: (1) the beneficiary is fleeing prosecution or confinement, or violating a condition of probation or parole, and has information necessary for the officer to conduct his duties; and (2) the location or apprehension of the beneficiary is within the officer's duties.
(Sec. 204) Amends SSA title XI to prohibit anyone from offering for a fee information provided free of charge by the Social Security Administration unless such individual makes clear that the information is available free of charge and complies with standards prescribed by the Commissioner regarding placement, visibility, and legibility of such notice. Specifies that such restriction does not apply to offers to serve as a claimant representative or to help prepare an individual's plan for achieving self-support.
(Sec. 205) Amends SSA title II to permit the Commissioner to: (1) refuse to recognize as a representative payee or to disqualify as a representative payee already recognized any attorney who has been disbarred or suspended from any court or bar, or who has been disqualified from participating in or appearing before any Federal program or agency; and (2) refuse to recognize or to 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 admitted to practice. Declares that a representative payee disqualified or suspended for collecting or receiving a fee in excess of the authorized amount: (1) shall be barred from serving again until full restitution to the claimant is made; and (2) may then be considered for reinstatement only under rules prescribed by the Commissioner. 
(Sec. 206) Amends SSA title XI to establish a fine of up to $5,000 and a prison sentence of not more than three years for using force or attempting to use force to obstruct or impede any Social Security Administration officer, employee, or contractor while carrying out their official activities. Makes the penalties for a mere threat of force a maximum fine of $3,000 and a prison sentence of not more than one year. 
(Sec. 207) Adds specified terms to the prohibition on misuse of symbols, emblems, or names in reference to Social Security and Medicare.
(Sec. 208) Amends SSA title II to provide for disqualification from payment of any disability benefit upon conviction by a Federal court that an individual has fraudulently concealed work activity during a period of trial work.
(Sec. 209) Provides authority for judicial orders of restitution.

Title III: Attorney Fee Payment System Improvements
 - (Sec. 301) Amends SSA title II to set a cap on the assessment owed by attorney representatives upon receiving payments for past-due OASDI benefits, a cap that may not exceed the greater of $75 or the adjusted amount as provided for by this Act.
(Sec. 302) Extends to the payment of attorney fees incurred in connection with SSA title XVI claims the method used under SSA title II for direct payment out of the past-due benefits by the Social Security Administration of attorney fees incurred in connection with SSA title II claims.
Requires the Comptroller General to study and report to Congress on fee-withholding for non-attorney representatives representing claimants before the Social Security Administration.

Title IV: Miscellaneous and Technical Amendments
 - 
Subtitle A: Amendments Relating to the Ticket to Work and Work Incentives Improvement Act of 1999
 - Terminates after December 17, 2004, the Commissioner's authority to initiate demonstration projects with respect to alternative methods of treating the work activity of individuals entitled to disability insurance benefits.
(Sec. 402) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to authorize the Commissioner to waive certain Ticket to Work and Self-Sufficiency Program requirements with respect to certain title II demonstration projects providing for reductions in disability benefits based on earnings.
(Sec. 403) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to revise funding of such demonstration projects.
(Sec. 404) Amends SSA title XI to extend the definition of disabled beneficiary for the Federal Work Incentives outreach program and State grants for work incentives assistance to individuals who: (1) are blind or disabled and receiving SSI payments; (2) receive a State Supplementary payment; or (3) are in an extended period of Medicare eligibility under title VIII after a period of title II disability has ended.
Permits services under State grants for work incentives assistance to disabled beneficiaries to include advocacy or other necessary services to maintain gainful employment in addition to those for securing or regaining such employment.
(Sec. 405) Declares that an individual work plan established under the Act shall be treated under the Internal Revenue Code as an individualized written plan for employment under a State plan for vocational rehabilitation services approved under the Rehabilitation Act of 1973 (thus providing that employers who hire disabled workers through a referral by employment networks under the Ticket to Work program also qualify for the Work Opportunity Tax Credit).

Subtitle B: Miscellaneous Amendments
 - Amends SSA title II to eliminate the obligation for the Social Security Administration to file a transcript with the court when it makes a remand decision fully favorable to a claimant.
(Sec. 412) Terminates benefits under the Act for an individual upon deportation from the United States for smuggling aliens.
(Sec. 413) Amends the Federal Reports Elimination and Sunset Act of 1995 to reinstate certain reports eliminated by such Act, including the annual reports of the Board of Trustees on the OASDI, Hospital Insurance, and Supplementary Medical Insurance trust funds, continuing disability reviews, and disability determinations.
(Sec. 414) Amends SSA title II to create an exception to the nine-month marriage requirement for survivor benefits under the Act to treat as an eligible widow or widower the spouse of a deceased man or woman whom the deceased spouse would have married earlier but for the fact that a prior spouse's institutionalization for mental incompetence or similar incapacity made a divorce illegal.
(Sec. 416) Extends coverage under a divided retirement system for public employees in Kentucky.
(Sec. 417) Amends SSA title VII to declare that members of the Social Security Advisory Board shall be compensated at the rate of pay for level IV of the Executive Schedule.
(Sec. 418) Amends SSA title II with respect to survivors insurance benefits to provide for a 60-month period of employment requirement for application of the Government pension offset exemption.

Subtitle C: Technical Amendments
 - Amends SSA title XI to make the Commissioner, instead of the Secretary of Health and Human Services, responsible for sending periodic Social Security statements to individuals.
(Sec. 422) Makes technical amendments with respect to: (1) retirement benefits of ministers; (2) domestic employment; and (3) self-employment income in community property State.
action_date: 2003-10-29
text: 
Social Security Protection Act of 2003 - 
Title I: Protection of Beneficiaries - Subtitle A: Representative Payees
 - (Sec. 101) Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI), VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to direct the Commissioner of Social Security to fully reimburse Social Security beneficiaries for any part of their title II, VIII, or XVI benefits that was misused by a representative payee that is either: (1) not an individual (that is, an organization); or (2) an individual serving 15 or more beneficiaries during any month. Defines misuse of benefits as occurring when a representative payee receives payment for the use and benefit of another person or of another qualified individual and uses any part of it other than for the use and benefit of such person or individual. Excludes reissued benefits from an individual's resources.
 
(Sec. 102) Requires non-governmental representative payees to certify annually that they are bonded and State-licensed.
 
Directs the Commissioner to: (1) provide for the periodic onsite review of certain representative payees; and (2) report to Congress on the number of cases in which a representative payee was changed and the number of times in which a misuse of funds was discovered.
 
(Sec. 103) Prohibits a prospective representative payee from receiving anyone's title II, VIII, or XVI benefit if the prospective representative payee: (1) has been convicted of any offense under Federal or State law resulting in imprisonment for more than one year (unless the Commissioner deems such payment would be appropriate notwithstanding such conviction); or (2) is a person fleeing prosecution, custody, or confinement for a felony. Forbids a fugitive felon from serving as a representative payee. Directs the Commissioner to assist law enforcement officials in apprehending such persons by providing them with the address, Social Security number, photograph, and other identifying information upon request.
 
Directs the Commissioner to evaluate and report to specified congressional committees on whether the existing procedures and reviews for the qualification and disqualification of representative payees are sufficient to guard against misuse of benefits.
 
(Sec. 104) Prohibits a representative payee from collecting a fee for services under titles II and XVI for any month if the Commissioner or a court of competent jurisdiction determines that the representative payee has misused any amount of a benefit for such month. Declares that any amount so collected by a representative payee shall be counted as a misused part of the benefit.
 
(Sec. 105) Provides that a representative payee that is not a Federal, State, or local government agency will be held liable for misuse of funds collected under titles II, VIII, and XVI, and that any misused amount recovered by the Commissioner shall be refunded to the beneficiary or the alternative representative payee.
 
(Sec. 106) Permits the Commissioner to require a representative payee to receive payments at the local Social Security field office if such representative has failed to furnish an annual report or a report requested by the Commissioner.
 
(Sec. 107) Earmarks certain funds for the Inspector General of the Social Security Administration for conducting a statistically significant survey to determine how payments made to individuals, organizations, and State or local government agencies that are representative payees for benefits paid under SSA title II or XVI are being managed and used on behalf of the beneficiaries for whom such benefits are paid. 
 

Subtitle B: Enforcement
 - (Sec. 111) Provides that each misuse of benefits under titles II, VIII, and XVI by a representative payee shall be punishable by a civil penalty of up to $5,000, as well as an assessment of up to twice the value of any misused payments.
 

Title II: Program Protections
 - (Sec. 201) Amends SSA title XI to provide for the imposition of civil monetary penalties and assessments and sanctions for the failure to come forward and notify the Social Security Administration of changed circumstances that affect eligibility or benefit amount when the person knows, or should know, that the failure to come forward is misleading.
 
(Sec. 202) Directs the Commissioner, until a centralized computer file recording the date of information submission is in place, to issue a receipt to the beneficiary or representative each time such individual submits documentation or reports to the Commissioner on a change in status.
 
(Sec. 203) Amends SSA title II to deny OASDI benefits to any individual fleeing prosecution or confinement after conviction of an act or attempted act that constitutes a felony, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding one year regardless of the actual sentence imposed, and for whom a Federal, State, or local law enforcement agency has notified the Commissioner that such agency intends to pursue by seeking arrest, extradition, or prosecution. (Currently the Commissioner can deny fugitive felons SSI benefits.) Allows the Commissioner to pay such withheld OASDI benefits for good cause shown. Prohibits benefits for those violating probation or parole under Federal or State law, and for whom the Federal, State, or local law enforcement agency has notified the Commissioner that such agency intends to seek revocation of probation or parole.
 
Requires the Commissioner to furnish any law enforcement officer with personal information about any beneficiary, upon request, if: (1) the beneficiary is fleeing prosecution or confinement, or violating a condition of probation or parole, and the Commissioner has information about the beneficiary that is necessary for the officer to conduct his official duties; and (2) the location or apprehension of the beneficiary is within the officer's official duties.
 
(Sec. 204) Amends SSA title XI to prohibit anyone from offering for a fee information provided free of charge by the Social Security Administration unless such individual makes clear that the information is available free of charge and complies with standards prescribed by the Commissioner regarding placement, visibility, and legibility of such notice. Specifies that such restriction does not apply to offers to serve as a claimant representative or to help prepare an individual's plan for achieving self-support.
 
(Sec. 205) Amends SSA title II to permit the Commissioner to: (1) refuse to recognize as a representative payee or to disqualify as a representative payee already recognized any attorney who has been disbarred or suspended from any court or bar, or who has been disqualified from participating in or appearing before any Federal program or agency; and (2) refuse to recognize or to 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 admitted to practice. Declares that a representative payee disqualified or suspended for collecting or receiving a fee in excess of the authorized amount: (1) shall be barred from serving again until full restitution to the claimant is made; and (2) may then be considered for reinstatement only under rules prescribed by the Commissioner.
 
(Sec. 206) Amends SSA title XI to establish a criminal penalty of a fine of up to $5,000 and a prison sentence of not more than three years for using force or attempting to use force to obstruct or impede any Social Security Administration officer, employee, or contractor while carrying out their official activities. Makes the penalties for a mere threat of force a maximum fine of $3,000 and a prison sentence of not more than one year.
 
(Sec. 207) Adds specified terms to the prohibition on misuse of symbols, emblems, or names in reference to Social Security and Medicare.
 
(Sec. 208) Amends SSA title II to provide for disqualification from payment of any disability benefit upon conviction by a Federal court that an individual has fraudulently concealed work activity during a period of trial work.
 
(Sec. 209) Provides authority for judicial orders of restitution. Establishes a special account in the Treasury for the receipt of restitution payments.
 
(Sec. 210) Amends the Internal Revenue Code to require State and local pension paying entities to indicate on the appropriate form any pension based in whole or in part on earnings not covered by Social Security. Allows the Internal Revenue Service to share the information on these forms with the Social Security Administration for purposes of its administration of the Social Security Act.
 
(Sec. 211) Amends SSA title XI to permit the Commissioner to recover overpayments paid under SSA titles II, VIII (Special Benefits for Certain World War II Veterans), or XVI from the benefits paid under any of these programs.
 
(Sec. 212) Amends SSA title II to prohibit the payment of SSA title II benefits to persons not authorized to work in the United States. 
 

Title III: Attorney Representative Fee Payment System Improvements
 - (Sec. 301) Amends SSA title II to set a cap on the assessment owed by attorney representatives upon receiving payments for past-due OASDI benefits, a cap that may not exceed the greater of $75 or the adjusted amount as provided for by this Act.
 
(Sec. 302) Requires the Comptroller General to evaluate and report to specified congressional committees on the appointment and payment of claimant representatives under SSA titles II and XVI.
 

Title IV: Miscellaneous and Technical Amendments - Subtitle A: Amendments Relating to the Ticket to Work and Work Incentives Improvement Act of 1999
 - (Sec. 401) Repeals the December 17, 2004, termination date for the Commissioner's authority to initiate demonstration projects with respect to alternative methods of treating the work activity of individuals entitled to disability insurance benefits. (Thus makes such authority permanent.)
 
(Sec. 402) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to authorize the Commissioner to waive certain Ticket to Work and Self-Sufficiency Program requirements with respect to certain title II demonstration projects providing for reductions in disability benefits based on earnings.
 
(Sec. 403) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to revise funding of such demonstration projects.
 
(Sec. 404) Amends SSA title XI to extend the definition of disabled beneficiary for the Federal Work Incentives outreach program and State grants for work incentives assistance to individuals who: (1) are blind or disabled and receiving SSI payments; (2) receive a State Supplementary payment; or (3) are in an extended period of Medicare eligibility under SSA title VIII after a period of SSA title II disability has ended.
 
Permits services under State grants for work incentives assistance to disabled beneficiaries to include advocacy or other necessary services to maintain gainful employment in addition to those for securing or regaining such employment.
 
(Sec. 405) Declares that an individual work plan established under the Act shall be treated under the Internal Revenue Code as an individualized written plan for employment under a State plan for vocational rehabilitation services approved under the Rehabilitation Act of 1973. (Thus provides that employers who hire disabled workers through a referral by employment networks under the Ticket to Work program also qualify for the Work Opportunity Tax Credit).
 
(Sec. 406) Directs the Comptroller General to submit a report to Congress regarding the Ticket to Work and Self-Sufficiency Program that: (1) examines the annual and interim reports issued by States, the Ticket to Work and Work Incentives Advisory Panel, and the Commissioner of Social Security regarding such program; (2) assesses the effectiveness of the activities carried out under such program; and (3) recommends such legislative or administrative changes as the Comptroller General determines are appropriate to improve the effectiveness of such program.
 

Subtitle B: Miscellaneous Amendments
 - Amends SSA title II to eliminate the obligation for the Social Security Administration to file a transcript with the court when it makes a remand decision fully favorable to a claimant.
 
(Sec. 412) Requires the Social Security Administration to prohibit the payment of Social Security benefits to beneficiaries who are removed from the United States, pursuant to a removal notice from the Attorney General or the Secretary of Homeland Security, for smuggling aliens.
 
(Sec. 413) Amends the Federal Reports Elimination and Sunset Act of 1995 to reinstate certain reports eliminated by such Act, including the annual reports of the Board of Trustees on the OASDI, Hospital Insurance, and Supplementary Medical Insurance trust funds, continuing disability reviews, and disability determinations.
 
(Sec. 414) Amends SSA title II to create an exception to the nine-month marriage requirement for survivor benefits under the Act to treat as an eligible widow or widower the spouse of a deceased man or woman whom the deceased spouse would have married earlier but for the fact that a prior spouse's institutionalization for mental incompetence or similar incapacity made a divorce illegal.
 
(Sec. 416) Extends to all States the authority to operate a divided retirement system.
 
(Sec. 417) Amends SSA title VII to declare that members of the Social Security Advisory Board shall be compensated at the rate of pay for level IV of the Executive Schedule.
 
(Sec. 418) Amends SSA title II with respect to State and local government employees covered by a public pension who subsequently elect coverage under Social Security pursuant to a voluntary agreement between the State and the Commissioner. Requires such employees to be covered by Social Security for at least the last five years of their government employment (starting on the date of enactment of this Act or, if subsequent, the date of any such voluntary agreement) in order to be exempt from the Government pension offset requirement.
 
(Sec. 419) Directs the Secretary of the Treasury to transfer from the general funds of the Treasury to the Social Security and Medicare Hospital Insurance trust funds the remaining balance owed for deemed wage credits for persons with certain military service (eliminated by the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Reponse to Terrorist Attacks on the United States, 2002).
 
Repeals the authority for annual appropriations and related adjustments to compensate the Social Security trust funds for such military wage credits.
 

Subtitle C: Technical Amendments
 - (Sec. 421) Amends SSA title XI to make the Commissioner, instead of the Secretary of Health and Human Services, responsible for sending periodic Social Security statements to individuals.
 
(Sec. 422) Makes technical amendments with respect to: (1) retirement benefits of ministers; (2) domestic employment; and (3) self-employment income in community property State; and (4) the Railroad Retirement and Survivors' Improvement Act of 2001. 
 

Subtitle D: Amendments Related to Title XVI
 - (Sec. 430) Amends SSA title XVI to: (1) change the calculation of infrequent and irregular income from a monthly to a quarterly basis to allow individuals to exclude $60 per quarter of unearned income and $30 per quarter of earned income that is received irregulary and infrequently; and (2) exclude from the determination of an individual's income all interest and dividend income earned on countable resources. 
 
(Sec. 431) Increases to nine months and makes uniform the time period for excluding from resources amounts attributable to payments of past-due Social Security and SSI benefits, earned income tax credit payments, and child tax credit payments.
 
(Sec. 432) Modifies the dedicated account requirement by allowing the funds in the account to be used for reimbursement of expenditures incurred by the representative payee that are for the good of the beneficiary. Provides that funds from the dedicated account may be used for any purpose that is for the good of the beneficiary, not just for certain specified purposes related to the impairment of the beneficiary. 
 
(Sec. 433) Permits the student earned income exclusion to apply to any individual under age 22 who is a student. 
 
(Sec. 434) Excludes all payments and benefits to Americorps volunteers, both cash and in-kind, for purposes of determining SSI eligibility and benefit amounts, and initial and continuing eligibility for Social Security disability insurance benefits. 
 
(Sec. 435) Provides that any nonrecurring income is counted only for the first month of any eligibility period in which that income is received, and not for any other month in the transition to retrospective monthly accounting during the first three months of an individual's SSI eligibility. Provides that payments in varying amounts from the same or similar source for the same or similar purpose shall not be considered to be nonrecurring.
 
(Sec. 436) Extends the current law eligibility for SSI for blind and disabled children of military personnel overseas to blind and disabled children of military personnel who were born overseas, who became blind or disabled while overseas, or who first applied for SSI benefits overseas.
 
(Sec. 437) Excludes: (1) from the determination of income any gift to an individual for use in paying tuition or other education-related fees; and (2) from an individual's countable resources for nine months after the month of receipt any grant, scholarship, fellowship, or gift used to pay the cost of tuition and fees at any educational institution.
 
(Sec. 438) Provides for the treatment of military pay as received in the month in which it was earned.
 
(Sec. 439) Increases the resource limits for OASDI-eligible individuals as of January 1, 2004, to: (1) $3,000 for an individual without a spouse; and (2) 150 percent of $3,000 for an individual with a spouse. Indexes the amount for inflation in the same manner as the maximum SSI benefit amount is indexed. 
 
(Sec. 440) Aligns disability and blindness review requirements for SSA title XVI with those currently required under SSA title II. Requires the Commissioner of Social Security to review for: (1) FY 2004 at least 25 percent of all determinations made in such year after the later of March 31 and the date of enactment of this Act; and (2) any subsequent fiscal year at least 50 percent of the determinations made in such year.

action_date: 2003-12-09
text: 
Social Security Protection Act of 2003 - 
Title I: Protection of Beneficiaries - Subtitle A: Representative Payees
 - (Sec. 101) Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI), VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to direct the Commissioner of Social Security to fully reimburse Social Security beneficiaries for any part of their title II, VIII, or XVI benefits that was misused by a representative payee that is either: (1) not an individual (that is, an organization); or (2) an individual serving 15 or more beneficiaries during any month. Defines misuse of benefits as occurring when a representative payee receives payment for the use and benefit of another person or of another qualified individual and uses any part of it other than for the use and benefit of such person or individual. Excludes reissued benefits from an individual's resources.
 
(Sec. 102) Requires non-governmental representative payees to certify annually that they are bonded and State-licensed.
 
Directs the Commissioner to: (1) provide for the periodic onsite review of certain representative payees; and (2) report to Congress on the number of cases in which a representative payee was changed and the number of times in which a misuse of funds was discovered.
 
(Sec. 103) Prohibits a prospective representative payee from receiving anyone's title II, VIII, or XVI benefit if the prospective representative payee: (1) has been convicted of any offense under Federal or State law resulting in imprisonment for more than one year (unless the Commissioner deems such payment would be appropriate notwithstanding such conviction); or (2) is a person fleeing prosecution, custody, or confinement for a felony. Forbids a fugitive felon from serving as a representative payee. Directs the Commissioner to assist law enforcement officials in apprehending such persons by providing them with the address, Social Security number, photograph, and other identifying information upon request.
 
Directs the Commissioner to evaluate and report to specified congressional committees on whether the existing procedures and reviews for the qualification and disqualification of representative payees are sufficient to guard against misuse of benefits.
 
(Sec. 104) Prohibits a representative payee from collecting a fee for services under titles II and XVI for any month if the Commissioner or a court of competent jurisdiction determines that the representative payee has misused any amount of a benefit for such month. Declares that any amount so collected by a representative payee shall be counted as a misused part of the benefit.
 
(Sec. 105) Provides that a representative payee that is not a Federal, State, or local government agency will be held liable for misuse of funds collected under titles II, VIII, and XVI, and that any misused amount recovered by the Commissioner shall be refunded to the beneficiary or the alternative representative payee.
 
(Sec. 106) Permits the Commissioner to require a representative payee to receive payments at the local Social Security field office if the payee has failed to furnish an annual report or a report requested by the Commissioner.
 
(Sec. 107) Provides certain additional funds to the Inspector General of the Social Security Administration to conduct a statistically significant survey to determine how payments made to individuals, organizations, and State or local government agencies that are representative payees for benefits paid under SSA title II or XVI are being managed and used on behalf of the beneficiaries for whom such benefits are paid. 
 

Subtitle B: Enforcement
 - (Sec. 111) Provides that each misuse of benefits under titles II, VIII, and XVI by a representative payee shall be punishable by a civil penalty of up to $5,000, as well as an assessment of up to twice the value of any misused payments.
 

Title II: Program Protections
 - (Sec. 201) Amends SSA title XI to provide for the imposition of civil monetary penalties, assessments, and sanctions for the failure to come forward and notify the Social Security Administration of changed circumstances that affect eligibility or benefit amount when the person knows, or should know, that the failure to come forward is misleading.
 
(Sec. 202) Directs the Commissioner, until a centralized computer file recording the date of information submission is in place, to issue a receipt to the beneficiary or representative each time such individual submits documentation or reports to the Commissioner on a change in status.
 
(Sec. 203) Amends SSA title II to deny OASDI benefits to any individual fleeing prosecution or confinement after conviction of an act or attempted act that constitutes a felony, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding one year regardless of the actual sentence imposed. (Currently the Commissioner may deny fugitive felons SSI benefits.) Prohibits benefits also for those violating probation or parole under Federal or State law. Allows the Commissioner to pay such withheld OASDI benefits for good cause shown if the offense or probation or parole violation was nonviolent and not drug-related. Requires the Commissioner to do so in the event of an acquittal, dismissal of charges, vacating of an arrest warrant, or erroneous implication in connection with the criminal offense by reason of identity fraud.
 
Requires the Commissioner to furnish any law enforcement officer with personal information about any beneficiary, upon request, if: (1) the beneficiary is fleeing prosecution or confinement, or violating a condition of probation or parole; and (2) the location or apprehension of the beneficiary is within the officer's official duties.
 
(Sec. 204) Amends SSA title XI to prohibit anyone from offering for a fee information provided free of charge by the Social Security Administration unless such individual makes clear that the information is available free of charge and complies with standards prescribed by the Commissioner regarding placement, visibility, and legibility of such notice. Specifies that such restriction does not apply to offers to serve as a claimant representative or to help prepare an individual's plan for achieving self-support.
 
(Sec. 205) Amends SSA title II to permit the Commissioner to: (1) refuse to recognize as a representative payee, or to disqualify as a representative payee already recognized, any attorney who has been disbarred or suspended from any court or bar, or who has been disqualified from participating in or appearing before any Federal program or agency; and (2) refuse to recognize, or to 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 admitted to practice. Declares that a representative payee disqualified or suspended for collecting or receiving a fee in excess of the authorized amount: (1) shall be barred from serving again until full restitution to the claimant is made; and (2) may then be considered for reinstatement only under rules prescribed by the Commissioner.
 
(Sec. 206) Amends SSA title XI to establish a criminal penalty of a fine of up to $5,000 and a prison sentence of up to three years for using force or attempting to use force to obstruct or impede any Social Security Administration officer, employee, or contractor while carrying out their official activities. Makes the penalties for a mere threat of force a maximum fine of $3,000 and a prison sentence of up to one year.
 
(Sec. 207) Adds specified terms to the prohibition on misuse of symbols, emblems, or names in reference to Social Security and Medicare.
 
(Sec. 208) Amends SSA title II to provide for disqualification from payment of any disability benefit upon conviction by a Federal court that an individual has fraudulently concealed work activity during a period of trial work.
 
(Sec. 209) Authorizes judicial orders of restitution to: (1) individuals who suffer financial loss; or (2) the Commissioner for making a benefit payment that should not have been made. Requires deposit of funds paid to the Commissioner as restitution pursuant to a court order in the Federal Old-Age, and Survivors Insurance Trust Fund, or the Federal Disability Insurance Trust Fund, as appropriate.
 
Prescribes a different procedure in the case of funds paid to the Commissioner with respect to an individual suffering a financial loss because of the defendant representative payee's violation of prohibitions against making false statements or representations in any application for disability benefits or of any other applicable violations. Requires the Commissioner, in such a case, to certify for payment to the victimized individual the lesser of the amount of funds paid to the Commissioner as restitution or the individual's outstanding financial loss, minus the amount of any overpayments of benefits owed by the individual. 
 
(Sec. 210) Amends SSA title XI to permit the Commissioner to recover overpayments paid under SSA titles II, VIII, or XVI from the benefits paid under any of these programs.
 
(Sec. 211) Amends SSA title II to prohibit the payment of SSA title II benefits to persons not authorized to work in the United States.
 

Title III: Attorney Representative Fee Payment System Improvements
 - (Sec. 301) Amends SSA title II to set a cap of the greater of $75 or a certain adjusted amount on the assessment owed by attorney representatives upon receiving payments for past-due OASDI benefits.
 
(Sec. 302) Amends SSA title XVI to provide for a temporary extension of the attorney fee payment system to SSA title XVI claims.
 
(Sec. 303) Directs the Commissioner to develop and carry out a nationwide demonstration project with respect to agents and other persons, other than attorneys, who represent claimants under SSA titles II and XVI before the Commissioner.
 
(Sec. 304) Directs the Comptroller General to evaluate and report to Congress on the appointment and payment of claimant representatives appearing before the Commissioner in connection with benefit claims under SSA titles II and XVI.
 

Title IV: Miscellaneous and Technical Amendments - Subtitle A: Amendments Relating to the Ticket to Work and Work Incentives Improvement Act of 1999
 - (Sec. 401) Terminates on December 18, 2005, the authority for the Commissioner to initiate demonstration projects with respect to alternative methods of treating the work activity of individuals entitled to disability insurance benefits.
 
(Sec. 402) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to authorize the Commissioner to waive certain Ticket to Work and Self-Sufficiency Program requirements with respect to certain title II demonstration projects providing for reductions in disability benefits based on earnings.
 
(Sec. 403) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to revise funding of such demonstration projects.
 
(Sec. 404) Amends SSA title XI to extend the definition of disabled beneficiary for the Federal Work Incentives outreach program and State grants for work incentives assistance to individuals who: (1) are blind or disabled and receiving SSI payments; (2) receive a State Supplementary payment; or (3) are in an extended period of Medicare eligibility under title VIII after a period of title II disability has ended.
 
Permits services under State grants for work incentives assistance to disabled beneficiaries to include advocacy or other necessary services to maintain gainful employment in addition to those for securing or regaining such employment.
 
(Sec. 405) Declares that an individual work plan established under the Act shall be treated under the Internal Revenue Code as an individualized written plan for employment under a State plan for vocational rehabilitation services approved under the Rehabilitation Act of 1973. (Thus provides that employers who hire disabled workers through a referral by employment networks under the Ticket to Work program also qualify for the Work Opportunity Tax Credit.)
 
(Sec. 406) Directs the Comptroller General to report to Congress on the Ticket to Work and Self-Sufficiency Program that: (1) examines the annual and interim reports issued by States, the Ticket to Work and Work Incentives Advisory Panel, and the Commissioner of Social Security regarding such program; (2) assesses the effectiveness of the activities carried out under such program; and (3) recommends such legislative or administrative changes as the Comptroller General determines are appropriate to improve the effectiveness of such program.
 
(Sec. 407) Amends SSA title XI to reauthorize and extend through FY 2009 the work incentives outreach program and the program of State grants for work incentives assistance to disabled beneficiaries.
 

Subtitle B: Miscellaneous Amendments
 - (Sec. 411) Amends SSA title II to eliminate the obligation for the Social Security Administration to file a transcript with the court when it makes a remand decision fully favorable to a claimant.
 
(Sec. 412) Requires the Social Security Administration to prohibit the payment of Social Security benefits to beneficiaries who are removed from the United States, pursuant to a removal notice from the Attorney General or the Secretary of Homeland Security, for smuggling aliens.
 
(Sec. 413) Amends the Federal Reports Elimination and Sunset Act of 1995 to reinstate requirements for certain reports eliminated by such Act, including the annual reports of the Board of Trustees on the OASDI, Hospital Insurance, and Supplementary Medical Insurance trust funds, continuing disability reviews, and disability determinations.
 
(Sec. 414) Amends SSA title II to create an exception to the nine-month marriage requirement for survivor benefits under the Act to treat as an eligible widow or widower the spouse of a deceased man or woman whom the deceased spouse would have married earlier but for the fact that a prior spouse's institutionalization for mental incompetence or similar incapacity made a divorce illegal.
 
(Sec. 416) Extends to Kentucky and Louisana the authority to operate a divided retirement system.
 
(Sec. 417) Amends SSA title VII to declare that members of the Social Security Advisory Board shall be compensated at the rate of pay for level IV of the Executive Schedule.
 
(Sec. 418) Amends SSA title II with respect to State and local government employees covered by a public pension who subsequently elect coverage under Social Security pursuant to a voluntary agreement between the State and the Commissioner. Requires such employees to be covered by Social Security for at least the last five years of their government employment in order to be exempt from the Government pension offset requirement.
 
(Sec. 419) Amends SSA title XI to: (1) provide for the inclusion of noncovered employees as eligible individuals entitled to Social Security account statements; (2) require the Social Security Administration to include in the account statement to noncovered employees an explanation of the maximum potential benefit reductions that may result from the receipt of a Federal, State, or local government pension based on employment that is not subject to Social Security payroll taxes; and (3) require government employers to notify newly hired noncovered employees of the maximum effect of noncovered work on their Social Security benefits.
 
(Sec. 420) Directs the Secretary of the Treasury to transfer from the general funds of the Treasury to the Social Security and Medicare Hospital Insurance trust funds the remaining balanced owed for deemed wage credits for persons with certain military service (eliminated by the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Reponse to Terrorist Attacks on the United States, 2002).
 
Repeals the authority for annual appropriations and related adjustments to compensate the Social Security Trust Fund for such military wage credits.
 
(Sec. 420A) Allows re-entitlement to childhood disability benefits after the seven year period if the beneficiary's previous entitlement had terminated because disability ceased owing to the performance of substantial gainful activity.
 

Subtitle C: Technical Amendments
 - (Sec. 421) Amends SSA title XI to make the Commissioner, instead of the Secretary of Health and Human Services, responsible for sending periodic Social Security statements to individuals.
 
(Sec. 422) Makes technical amendments with respect to: (1) retirement benefits of ministers; (2) domestic employment; (3) self-employment income in a community property State; and (4) the Railroad Retirement and Survivors' Improvement Act of 2001. 
 

Subtitle D: Amendments Related to Title XVI 
- (Sec. 430) Amends SSA title XVI to: (1) change the calculation of infrequent and irregular income from a monthly to a quarterly basis to allow individuals to exclude $60 per quarter of unearned income and $30 per quarter of earned income that is received irregulary and infrequently; and (2) exclude from the determination of an individual's income all interest and dividend income earned on countable resources. 
 
(Sec. 431) Increases from six to nine months and makes uniform the time period for excluding from resources amounts attributable to payments of past-due Social Security and SSI benefits, earned income tax credit payments, and child tax credit payments.
 
(Sec. 432) Permits the student earned income exclusion to apply to any individual under age 22 who is a student. 
 
(Sec. 433) Requires that, in the transition to retrospective monthly accounting during the first three months of an individual's SSI eligibility, any nonrecurring income be counted only for the first month of any eligibility period in which that the income is received, and not for any other month. Provides that payments in varying amounts from the same or similar source for the same or similar purpose shall not be considered to be nonrecurring.
 
(Sec. 434) Extends the current law eligibility for SSI for blind and disabled children of military personnel overseas to blind and disabled children of military personnel who were born overseas, who became blind or disabled while overseas, or who first applied for SSI benefits overseas.
 
(Sec. 435) Excludes: (1) from the determination of income any gift to an individual for use in paying tuition or other education-related fees; and (2) from an individual's countable resources for nine months after the month of receipt any grant, scholarship, fellowship, or gift used to pay the cost of tuition and fees at any educational institution.
 
(Sec. 436) Provides for the treatment of military pay as received in the month in which it was earned.

action_date: 2004-03-02
text: 

(This measure has not been amended since it was passed by the Senate on December 9, 2003. The summary of that version is repeated here, with an updated title.)

 
Social Security Protection Act of 2004 - 
Title I: Protection of Beneficiaries - Subtitle A: Representative Payees
 - (Sec. 101) Amends titles II (Old Age, Survivors and Disability Insurance) (OASDI), VIII (Special Benefits for Certain World War II Veterans), and XVI (Supplemental Security Income) (SSI) of the Social Security Act (SSA) to direct the Commissioner of Social Security to fully reimburse Social Security beneficiaries for any part of their title II, VIII, or XVI benefits that was misused by a representative payee that is either: (1) not an individual (that is, an organization); or (2) an individual serving 15 or more beneficiaries during any month. Defines misuse of benefits as occurring when a representative payee receives payment for the use and benefit of another person or of another qualified individual and uses any part of it other than for the use and benefit of such person or individual. Excludes reissued benefits from an individual's resources.
 
(Sec. 102) Requires non-governmental representative payees to certify annually that they are bonded and State-licensed.
 
Directs the Commissioner to: (1) provide for the periodic onsite review of certain representative payees; and (2) report to Congress on the number of cases in which a representative payee was changed and the number of times in which a misuse of funds was discovered.
 
(Sec. 103) Prohibits a prospective representative payee from receiving anyone's title II, VIII, or XVI benefit if the prospective representative payee: (1) has been convicted of any offense under Federal or State law resulting in imprisonment for more than one year (unless the Commissioner deems such payment would be appropriate notwithstanding such conviction); or (2) is a person fleeing prosecution, custody, or confinement for a felony. Forbids a fugitive felon from serving as a representative payee. Directs the Commissioner to assist law enforcement officials in apprehending such persons by providing them with the address, Social Security number, photograph, and other identifying information upon request.
 
Directs the Commissioner to evaluate and report to specified congressional committees on whether the existing procedures and reviews for the qualification and disqualification of representative payees are sufficient to guard against misuse of benefits.
 
(Sec. 104) Prohibits a representative payee from collecting a fee for services under titles II and XVI for any month if the Commissioner or a court of competent jurisdiction determines that the representative payee has misused any amount of a benefit for such month. Declares that any amount so collected by a representative payee shall be counted as a misused part of the benefit.
 
(Sec. 105) Provides that a representative payee that is not a Federal, State, or local government agency will be held liable for misuse of funds collected under titles II, VIII, and XVI, and that any misused amount recovered by the Commissioner shall be refunded to the beneficiary or the alternative representative payee.
 
(Sec. 106) Permits the Commissioner to require a representative payee to receive payments at the local Social Security field office if the payee has failed to furnish an annual report or a report requested by the Commissioner.
 
(Sec. 107) Provides certain additional funds to the Inspector General of the Social Security Administration to conduct a statistically significant survey to determine how payments made to individuals, organizations, and State or local government agencies that are representative payees for benefits paid under SSA title II or XVI are being managed and used on behalf of the beneficiaries for whom such benefits are paid. 
 

Subtitle B: Enforcement
 - (Sec. 111) Provides that each misuse of benefits under titles II, VIII, and XVI by a representative payee shall be punishable by a civil penalty of up to $5,000, as well as an assessment of up to twice the value of any misused payments.
 

Title II: Program Protections
 - (Sec. 201) Amends SSA title XI to provide for the imposition of civil monetary penalties, assessments, and sanctions for the failure to come forward and notify the Social Security Administration of changed circumstances that affect eligibility or benefit amount when the person knows, or should know, that the failure to come forward is misleading.
 
(Sec. 202) Directs the Commissioner, until a centralized computer file recording the date of information submission is in place, to issue a receipt to the beneficiary or representative each time such individual submits documentation or reports to the Commissioner on a change in status.
 
(Sec. 203) Amends SSA title II to deny OASDI benefits to any individual fleeing prosecution or confinement after conviction of an act or attempted act that constitutes a felony, or, in jurisdictions that do not define crimes as felonies, is punishable by death or imprisonment for a term exceeding one year regardless of the actual sentence imposed. (Currently the Commissioner may deny fugitive felons SSI benefits.) Prohibits benefits also for those violating probation or parole under Federal or State law. Allows the Commissioner to pay such withheld OASDI benefits for good cause shown if the offense or probation or parole violation was nonviolent and not drug-related. Requires the Commissioner to do so in the event of an acquittal, dismissal of charges, vacating of an arrest warrant, or erroneous implication in connection with the criminal offense by reason of identity fraud.
 
Requires the Commissioner to furnish any law enforcement officer with personal information about any beneficiary, upon request, if: (1) the beneficiary is fleeing prosecution or confinement, or violating a condition of probation or parole; and (2) the location or apprehension of the beneficiary is within the officer's official duties.
 
(Sec. 204) Amends SSA title XI to prohibit anyone from offering for a fee information provided free of charge by the Social Security Administration unless such individual makes clear that the information is available free of charge and complies with standards prescribed by the Commissioner regarding placement, visibility, and legibility of such notice. Specifies that such restriction does not apply to offers to serve as a claimant representative or to help prepare an individual's plan for achieving self-support.
 
(Sec. 205) Amends SSA title II to permit the Commissioner to: (1) refuse to recognize as a representative payee, or to disqualify as a representative payee already recognized, any attorney who has been disbarred or suspended from any court or bar, or who has been disqualified from participating in or appearing before any Federal program or agency; and (2) refuse to recognize, or to 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 admitted to practice. Declares that a representative payee disqualified or suspended for collecting or receiving a fee in excess of the authorized amount: (1) shall be barred from serving again until full restitution to the claimant is made; and (2) may then be considered for reinstatement only under rules prescribed by the Commissioner.
 
(Sec. 206) Amends SSA title XI to establish a criminal penalty of a fine of up to $5,000 and a prison sentence of up to three years for using force or attempting to use force to obstruct or impede any Social Security Administration officer, employee, or contractor while carrying out their official activities. Makes the penalties for a mere threat of force a maximum fine of $3,000 and a prison sentence of up to one year.
 
(Sec. 207) Adds specified terms to the prohibition on misuse of symbols, emblems, or names in reference to Social Security and Medicare.
 
(Sec. 208) Amends SSA title II to provide for disqualification from payment of any disability benefit upon conviction by a Federal court that an individual has fraudulently concealed work activity during a period of trial work.
 
(Sec. 209) Authorizes judicial orders of restitution to: (1) individuals who suffer financial loss; or (2) the Commissioner for making a benefit payment that should not have been made. Requires deposit of funds paid to the Commissioner as restitution pursuant to a court order in the Federal Old-Age, and Survivors Insurance Trust Fund, or the Federal Disability Insurance Trust Fund, as appropriate.
 
Prescribes a different procedure in the case of funds paid to the Commissioner with respect to an individual suffering a financial loss because of the defendant representative payee's violation of prohibitions against making false statements or representations in any application for disability benefits or of any other applicable violations. Requires the Commissioner, in such a case, to certify for payment to the victimized individual the lesser of the amount of funds paid to the Commissioner as restitution or the individual's outstanding financial loss, minus the amount of any overpayments of benefits owed by the individual. 
 
(Sec. 210) Amends SSA title XI to permit the Commissioner to recover overpayments paid under SSA titles II, VIII, or XVI from the benefits paid under any of these programs.
 
(Sec. 211) Amends SSA title II to prohibit the payment of SSA title II benefits to persons not authorized to work in the United States.
 

Title III: Attorney Representative Fee Payment System Improvements
 - (Sec. 301) Amends SSA title II to set a cap of the greater of $75 or a certain adjusted amount on the assessment owed by attorney representatives upon receiving payments for past-due OASDI benefits.
 
(Sec. 302) Amends SSA title XVI to provide for a temporary extension of the attorney fee payment system to SSA title XVI claims.
 
(Sec. 303) Directs the Commissioner to develop and carry out a nationwide demonstration project with respect to agents and other persons, other than attorneys, who represent claimants under SSA titles II and XVI before the Commissioner.
 
(Sec. 304) Directs the Comptroller General to evaluate and report to Congress on the appointment and payment of claimant representatives appearing before the Commissioner in connection with benefit claims under SSA titles II and XVI.
 

Title IV: Miscellaneous and Technical Amendments - Subtitle A: Amendments Relating to the Ticket to Work and Work Incentives Improvement Act of 1999
 - (Sec. 401) Terminates on December 18, 2005, the authority for the Commissioner to initiate demonstration projects with respect to alternative methods of treating the work activity of individuals entitled to disability insurance benefits.
 
(Sec. 402) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to authorize the Commissioner to waive certain Ticket to Work and Self-Sufficiency Program requirements with respect to certain title II demonstration projects providing for reductions in disability benefits based on earnings.
 
(Sec. 403) Amends the Ticket to Work and Work Incentives Improvement Act of 1999 to revise funding of such demonstration projects.
 
(Sec. 404) Amends SSA title XI to extend the definition of disabled beneficiary for the Federal Work Incentives outreach program and State grants for work incentives assistance to individuals who: (1) are blind or disabled and receiving SSI payments; (2) receive a State Supplementary payment; or (3) are in an extended period of Medicare eligibility under SSA title VIII after a period of SSA title II disability has ended.
 
Permits services under State grants for work incentives assistance to disabled beneficiaries to include advocacy or other necessary services to maintain gainful employment in addition to those for securing or regaining such employment.
 
(Sec. 405) Declares that an individual work plan established under the Act shall be treated under the Internal Revenue Code as an individualized written plan for employment under a State plan for vocational rehabilitation services approved under the Rehabilitation Act of 1973. (Thus provides that employers who hire disabled workers through a referral by employment networks under the Ticket to Work program also qualify for the Work Opportunity Tax Credit.)
 
(Sec. 406) Directs the Comptroller General to report to Congress on the Ticket to Work and Self-Sufficiency Program that: (1) examines the annual and interim reports issued by States, the Ticket to Work and Work Incentives Advisory Panel, and the Commissioner of Social Security regarding such program; (2) assesses the effectiveness of the activities carried out under such program; and (3) recommends such legislative or administrative changes as the Comptroller General determines are appropriate to improve the effectiveness of such program.
 
(Sec. 407) Amends SSA title XI to reauthorize and extend through FY 2009 the work incentives outreach program and the program of State grants for work incentives assistance to disabled beneficiaries.
 

Subtitle B: Miscellaneous Amendments
 - (Sec. 411) Amends SSA title II to eliminate the obligation for the Social Security Administration to file a transcript with the court when it makes a remand decision fully favorable to a claimant.
 
(Sec. 412) Requires the Social Security Administration to prohibit the payment of Social Security benefits to beneficiaries who are removed from the United States, pursuant to a removal notice from the Attorney General or the Secretary of Homeland Security, for smuggling aliens.
 
(Sec. 413) Amends the Federal Reports Elimination and Sunset Act of 1995 to reinstate requirements for certain reports eliminated by such Act, including the annual reports of the Board of Trustees on the OASDI, Hospital Insurance, and Supplementary Medical Insurance trust funds, continuing disability reviews, and disability determinations.
 
(Sec. 414) Amends SSA title II to create an exception to the nine-month marriage requirement for survivor benefits under the Act to treat as an eligible widow or widower the spouse of a deceased man or woman whom the deceased spouse would have married earlier but for the fact that a prior spouse's institutionalization for mental incompetence or similar incapacity made a divorce illegal.
 
(Sec. 416) Extends to Kentucky and Louisana the authority to operate a divided retirement system.
 
(Sec. 417) Amends SSA title VII to declare that members of the Social Security Advisory Board shall be compensated at the rate of pay for level IV of the Executive Schedule.
 
(Sec. 418) Amends SSA title II with respect to State and local government employees covered by a public pension who subsequently elect coverage under Social Security pursuant to a voluntary agreement between the State and the Commissioner. Requires such employees to be covered by Social Security for at least the last five years of their government employment in order to be exempt from the Government pension offset requirement.
 
(Sec. 419) Amends SSA title XI to: (1) provide for the inclusion of noncovered employees as eligible individuals entitled to Social Security account statements; (2) require the Social Security Administration to include in the account statement to noncovered employees an explanation of the maximum potential benefit reductions that may result from the receipt of a Federal, State, or local government pension based on employment that is not subject to Social Security payroll taxes; and (3) require government employers to notify newly hired noncovered employees of the maximum effect of noncovered work on their Social Security benefits.
 
(Sec. 420) Directs the Secretary of the Treasury to transfer from the general funds of the Treasury to the Social Security and Medicare Hospital Insurance trust funds the remaining balance owed for deemed wage credits for persons with certain military service (eliminated by the Department of Defense and Emergency Supplemental Appropriations for Recovery from and Reponse to Terrorist Attacks on the United States, 2002).
 
Repeals the authority for annual appropriations and related adjustments to compensate the Social Security trust funds for such military wage credits.
 
(Sec. 420A) Allows re-entitlement to childhood disability benefits after the seven-year period if the beneficiary's previous entitlement had terminated because disability ceased owing to the performance of substantial gainful activity.
 

Subtitle C: Technical Amendments
 - (Sec. 421) Amends SSA title XI to make the Commissioner, instead of the Secretary of Health and Human Services, responsible for sending periodic Social Security statements to individuals.
 
(Sec. 422) Makes technical amendments with respect to: (1) retirement benefits of ministers; (2) domestic employment; and (3) self-employment income in a community property State; and (4) the Railroad Retirement and Survivors' Improvement Act of 2001. 
 

Subtitle D: Amendments Related to Title XVI
 - (Sec. 430) Amends SSA title XVI to: (1) change the calculation of infrequent and irregular income from a monthly to a quarterly basis to allow individuals to exclude $60 per quarter of unearned income and $30 per quarter of earned income that is received irregulary and infrequently; and (2) exclude from the determination of an individual's income all interest and dividend income earned on countable resources. 
 
(Sec. 431) Increases from six to nine months and makes uniform the time period for excluding from resources amounts attributable to payments of past-due Social Security and SSI benefits, earned income tax credit payments, and child tax credit payments.
 
(Sec. 432) Permits the student earned income exclusion to apply to any individual under age 22 who is a student. 
 
(Sec. 433) Requires that, in the transition to retrospective monthly accounting during the first three months of an individual's SSI eligibility, any nonrecurring income be counted only for the first month of any eligibility period in which that the income is received, and not for any other month. Provides that payments in varying amounts from the same or similar source for the same or similar purpose shall not be considered to be nonrecurring.
 
(Sec. 434) Extends the current law eligibility for SSI for blind and disabled children of military personnel overseas to blind and disabled children of military personnel who were born overseas, who became blind or disabled while overseas, or who first applied for SSI benefits overseas.
 
(Sec. 435) Excludes: (1) from the determination of income any gift to an individual for use in paying tuition or other education-related fees; and (2) from an individual's countable resources for nine months after the month of receipt any grant, scholarship, fellowship, or gift used to pay the cost of tuition and fees at any educational institution.
 
(Sec. 436) Provides for the treatment of military pay as received in the month in which it was earned.


Legislative actions:
action_date: 2004-03-02
text: Became Public Law No: 108-203.
action_date: 2004-03-02
text: Became Public Law No: 108-203.
action_date: 2004-03-02
text: Signed by President.
action_date: 2004-03-02
text: Signed by President.
action_date: 2004-02-24
text: Presented to President.
action_date: 2004-02-24
text: Presented to President.
action_date: 2004-02-11
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2004-02-11
text: On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 402 - 19 (Roll no. 23). (consideration: CR H443-465, H477-478; text as House agreed to  Senate amendment: CR H443-456)
action_date: 2004-02-11
text: Resolving differences -- House actions: On motion that the House agree to the Senate amendment Agreed to by the Yeas and Nays: 402 - 19 (Roll no. 23).(consideration: CR H443-465, H477-478; text as House agreed to  Senate amendment: CR H443-456)
action_date: 2004-02-11
text: POSTPONED ROLL CALL VOTE - The Chair put the question on agreeing to the Senate amendment and by voice vote, announced that the ayes had prevailed. Mr. Green of Texas asked for the yeas and nays and the Chair postponed further proceedings until later in the legislative day.
action_date: 2004-02-11
text: The previous question was ordered pursuant to the rule.
action_date: 2004-02-11
text: DEBATE - The House proceeded with one hour of debate on the Shaw motion to agree to the Senate amendment to H.R. 743.
action_date: 2004-02-11
text: Pursuant to the provisions of H. Res. 520, the House moved to agree to the Senate amendment.
action_date: 2004-02-11
text: Rule H. Res. 520 passed House.
action_date: 2004-02-10
text: Rules Committee Resolution H. Res. 520 Reported to House. Rule provides for consideration of the Senate amendment to H.R. 743 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions. It shall be in order to consider in the House, without intervention of any point of order, a motion offered by the Chairman of the Committee on Ways and Means or his designee that the House concur in the Senate amendment to H.R. 743.
action_date: 2004-01-20
text: Message on Senate action sent to the House.
action_date: 2003-12-09
text: Passed Senate with an amendment by Unanimous Consent. (text: CR S16183-16196)
action_date: 2003-12-09
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S16183-16196)
action_date: 2003-12-09
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2003-12-09
text: Measure laid before Senate. (consideration: CR S16159-16196; text of measure as reported in Senate: CR S16159-16180)
action_date: 2003-10-29
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 349.
action_date: 2003-10-29
text: Committee on Finance. Reported by Senator Grassley with an amendment in the nature of a substitute. With written report No. 108-176. Additional views filed.
action_date: 2003-10-29
text: Committee on Finance. Reported by Senator Grassley with an amendment in the nature of a substitute. With written report No. 108-176. Additional views filed.
action_date: 2003-09-17
text: Committee on Finance. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2003-04-03
text: Received in the Senate and Read twice and referred to the Committee on Finance.
action_date: 2003-04-02
text: Motion to reconsider laid on the table Agreed to without objection.
action_date: 2003-04-02
text: On passage Passed by recorded vote: 396 - 28 (Roll no. 102).
action_date: 2003-04-02
text: Passed/agreed to in House: On passage Passed by recorded vote: 396 - 28 (Roll no. 102).
action_date: 2003-04-02
text: On motion to recommit with instructions Failed by recorded vote: 203 - 220 (Roll no. 101).
action_date: 2003-04-02
text: Mr. Green (TX) moved to recommit with instructions to Ways and Means. (consideration: CR H2667-2668)
action_date: 2003-04-02
text: DEBATE - The House proceeded with forty minutes of debate on the Green (TX) substitute amendment.
action_date: 2003-04-02
text: DEBATE - The House proceeded with one hour of debate on H.R. 743.
action_date: 2003-04-02
text: Rule provides for consideration of H.R. 743 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment recommended by the Committee on Ways and Means now printed in the bill shall be considered as adopted. Measure will be considered read. A specified amendment is in order.
action_date: 2003-04-02
text: Considered under the provisions of rule H. Res. 168. (consideration: CR H2625-2669; text of measure as reported in House: CR H2625-2634)
action_date: 2003-04-02
text: Rule H. Res. 168 passed House.
action_date: 2003-04-01
text: Rules Committee Resolution H. Res. 168 Reported to House. Rule provides for consideration of H.R. 743 with 1 hour of general debate. Previous question shall be considered as ordered without intervening motions except motion to recommit with or without instructions. The amendment recommended by the Committee on Ways and Means now printed in the bill shall be considered as adopted. Measure will be considered read. A specified amendment is in order.
action_date: 2003-03-24
text: Placed on the Union Calendar, Calendar No. 28.
action_date: 2003-03-24
text: Reported (Amended) by the Committee on Ways and Means. H. Rept. 108-46.
action_date: 2003-03-24
text: Reported (Amended) by the Committee on Ways and Means. H. Rept. 108-46.
action_date: 2003-03-13
text: Ordered to be Reported (Amended) by the Yeas and Nays: 35 - 2.
action_date: 2003-03-13
text: Committee Consideration and Mark-up Session Held.
action_date: 2003-03-05
text: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 249 - 180 (Roll no. 44). (text: CR H1524-1533)
action_date: 2003-03-05
text: Failed of passage/not agreed to in House: On motion to suspend the rules and pass the bill, as amended Failed by the Yeas and Nays: (2/3 required): 249 - 180 (Roll no. 44).(text: CR H1524-1533)
action_date: 2003-03-05
text: Considered as unfinished business. (consideration: CR H1601-1602)
action_date: 2003-03-05
text: At the conclusion of debate, the chair put the question on the motion to suspend the rules. Mr. Doggett objected to the vote on the grounds that a quorum was not present. Further proceedings on the motion were postponed. The point of no quorum was withdrawn.
action_date: 2003-03-05
text: DEBATE - The House proceeded with forty minutes of debate on H.R. 743.
action_date: 2003-03-05
text: Considered under suspension of the rules. (consideration: CR H1524-1550)
action_date: 2003-03-05
text: Mr. Shaw moved to suspend the rules and pass the bill, as amended.
action_date: 2003-02-27
text: Subcommittee Hearings Held.
action_date: 2003-02-19
text: Referred to the Subcommittee on Social Security.
action_date: 2003-02-13
text: Sponsor introductory remarks on measure. (CR E229-230)
action_date: 2003-02-12
text: Referred to the House Committee on Ways and Means.
action_date: 2003-02-12
text: Introduced in House
action_date: 2003-02-12
text: Introduced in House

Enacted as: number: 108-203