[108th Congress Public Law 203]
[From the U.S. Government Printing Office]
[DOCID: f:publ203.108]
[[Page 118 STAT. 493]]
Public Law 108-203
108th Congress
An Act
To amend the Social Security Act and the Internal Revenue Code of 1986
to provide additional safeguards for Social Security and Supplemental
Security Income beneficiaries with representative payees, to enhance
program protections, and for other purposes. <<NOTE: Mar. 2,
2004 - [H.R. 743]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress <<NOTE: Social Security Protection
Act of 2004.>> assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This <<NOTE: 42 USC 1305 note.>> Act may be cited
as the ``Social Security Protection Act of 2004''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title and table of contents.
TITLE I--PROTECTION OF BENEFICIARIES
Subtitle A--Representative Payees
Sec. 101. Authority to reissue benefits misused by organizational
representative payees.
Sec. 102. Oversight of representative payees.
Sec. 103. Disqualification from service as representative payee of
persons convicted of offenses resulting in imprisonment for
more than 1 year or fleeing prosecution, custody, or
confinement.
Sec. 104. Fee forfeiture in case of benefit misuse by representative
payees.
Sec. 105. Liability of representative payees for misused benefits.
Sec. 106. Authority to redirect delivery of benefit payments when a
representative payee fails to provide required accounting.
Sec. 107. Survey of use of payments by representative payees.
Subtitle B--Enforcement
Sec. 111. Civil monetary penalty authority with respect to wrongful
conversions by representative payees.
TITLE II--PROGRAM PROTECTIONS
Sec. 201. Civil monetary penalty authority with respect to withholding
of material facts.
Sec. 202. Issuance by Commissioner of Social Security of receipts to
acknowledge submission of reports of changes in work or
earnings status of disabled beneficiaries.
Sec. 203. Denial of title II benefits to persons fleeing prosecution,
custody, or confinement, and to persons violating probation
or parole.
Sec. 204. Requirements relating to offers to provide for a fee, a
product or service available without charge from the Social
Security Administration.
Sec. 205. Refusal to recognize certain individuals as claimant
representatives.
Sec. 206. Criminal penalty for corrupt or forcible interference with
administration of Social Security Act.
Sec. 207. Use of symbols, emblems, or names in reference to social
security or medicare.
Sec. 208. Disqualification from payment during trial work period upon
conviction of fraudulent concealment of work activity.
Sec. 209. Authority for judicial orders of restitution.
[[Page 118 STAT. 494]]
Sec. 210. Authority for cross-program recovery of benefit overpayments.
Sec. 211. Prohibition on payment of title II benefits to persons not
authorized to work in the United States.
TITLE III--ATTORNEY REPRESENTATIVE FEE PAYMENT SYSTEM IMPROVEMENTS
Sec. 301. Cap on attorney assessments.
Sec. 302. Temporary extension of attorney fee payment system to title
XVI claims.
Sec. 303. Nationwide demonstration project providing for extension of
fee withholding procedures to non-attorney representatives.
Sec. 304. GAO study regarding the fee payment process for claimant
representatives.
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Subtitle A--Amendments Relating to the Ticket to Work and Work
Incentives Improvement Act of 1999
Sec. 401. Application of demonstration authority sunset date to new
projects.
Sec. 402. Expansion of waiver authority available in connection with
demonstration projects providing for reductions in disability
insurance benefits based on earnings.
Sec. 403. Funding of demonstration projects providing for reductions in
disability insurance benefits based on earnings.
Sec. 404. Availability of Federal and State work incentive services to
additional individuals.
Sec. 405. Technical amendment clarifying treatment for certain purposes
of individual work plans under the Ticket to Work and Self-
Sufficiency Program.
Sec. 406. GAO study regarding the Ticket to Work and Self-Sufficiency
Program.
Sec. 407. Reauthorization of appropriations for certain work incentives
programs.
Subtitle B--Miscellaneous Amendments
Sec. 411. Elimination of transcript requirement in remand cases fully
favorable to the claimant.
Sec. 412. Nonpayment of benefits upon removal from the United States.
Sec. 413. Reinstatement of certain reporting requirements.
Sec. 414. Clarification of definitions regarding certain survivor
benefits.
Sec. 415. Clarification respecting the FICA and SECA tax exemptions for
an individual whose earnings are subject to the laws of a
totalization agreement partner.
Sec. 416. Coverage under divided retirement system for public employees
in Kentucky and Louisiana.
Sec. 417. Compensation for the Social Security Advisory Board.
Sec. 418. Sixty-month period of employment requirement for application
of government pension offset exemption.
Sec. 419. Disclosure to workers of effect of windfall elimination
provision and government pension offset provision.
Sec. 420. Post-1956 Military Wage Credits.
Sec. 420A. Elimination of disincentive to return-to-work for childhood
disability beneficiaries.
Subtitle C--Technical Amendments
Sec. 421. Technical correction relating to responsible agency head.
Sec. 422. Technical correction relating to retirement benefits of
ministers.
Sec. 423. Technical corrections relating to domestic employment.
Sec. 424. Technical corrections of outdated references.
Sec. 425. Technical correction respecting self-employment income in
community property States.
Sec. 426. Technical amendments to the Railroad Retirement and Survivors'
Improvement Act of 2001.
Subtitle D--Amendments Related to Title XVI
Sec. 430. Exclusion from income for certain infrequent or irregular
income and certain interest or dividend income.
Sec. 431. Uniform 9-month resource exclusion periods.
Sec. 432. Elimination of certain restrictions on the application of the
student earned income exclusion.
Sec. 433. Exception to retrospective monthly accounting for nonrecurring
income.
Sec. 434. Removal of restriction on payment of benefits to children who
are born or who become blind or disabled after their military
parents are stationed overseas.
[[Page 118 STAT. 495]]
Sec. 435. Treatment of education-related income and resources.
Sec. 436. Monthly treatment of uniformed service compensation.
TITLE I--PROTECTION OF BENEFICIARIES
Subtitle A--Representative Payees
SEC. 101. AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZATIONAL
REPRESENTATIVE PAYEES.
(a) Title II Amendments.--
(1) Reissuance of benefits.--
Section <<NOTE: Certification.>> 205(j)(5) of the Social
Security Act (42 U.S.C. 405(j)(5)) is amended by inserting after
the first sentence the following: ``In any case in which a
representative payee that--
``(A) is not an individual (regardless of whether it is a
`qualified organization' within the meaning of paragraph
(4)(B)); or
``(B) is an individual who, for any month during a period
when misuse occurs, serves 15 or more individuals who are
beneficiaries under this title, title VIII, title XVI, or any
combination of such titles;
misuses all or part of an individual's benefit paid to such
representative payee, the Commissioner of Social Security shall certify
for payment to the beneficiary or the beneficiary's alternative
representative payee an amount equal to the amount of such benefit so
misused. The provisions of this paragraph are subject to the limitations
of paragraph (7)(B).''.
(2) Misuse of benefits defined.--Section 205(j) of such Act
(42 U.S.C. 405(j)) is amended by adding at the end the
following:
``(8) For purposes of this subsection, misuse of benefits by a
representative payee occurs in any case in which the representative
payee receives payment under this title for the use and benefit of
another person and converts such payment, or any part thereof, to a use
other than for the use and benefit of such other person. The
Commissioner of Social Security may prescribe by regulation the meaning
of the term `use and benefit' for purposes of this paragraph.''.
(b) Title VIII Amendments.--
(1) Reissuance of benefits.--Section 807(i) of the Social
Security Act (42 U.S.C. 1007(i)) is amended further by inserting
after the first sentence the following: ``In any case in which a
representative payee that--
``(A) is not an individual; or
``(B) is an individual who, for any month during a
period when misuse occurs, serves 15 or more individuals
who are beneficiaries under this title, title II, title
XVI, or any combination of such titles;
misuses all or part of an individual's benefit paid to such
representative payee, the Commissioner of Social Security shall
pay to the beneficiary or the beneficiary's alternative
representative payee an amount equal to the amount of such
benefit so misused. The provisions of this paragraph are subject
to the limitations of subsection (l)(2).''.
[[Page 118 STAT. 496]]
(2) Misuse of benefits defined.--Section 807 of such Act (42
U.S.C. 1007) is amended by adding at the end the following:
``(j) Misuse of Benefits.--For purposes of this title, misuse of
benefits by a representative payee occurs in any case in which the
representative payee receives payment under this title for the use and
benefit of another person under this title and converts such payment, or
any part thereof, to a use other than for the use and benefit of such
person. The Commissioner of Social Security may prescribe by regulation
the meaning of the term `use and benefit' for purposes of this
subsection.''.
(3) Technical amendment.--Section 807(a) of such Act (42
U.S.C. 1007(a)) is amended, in the first sentence, by striking
``for his or her benefit'' and inserting ``for his or her use
and benefit''.
(c) Title XVI Amendments.--
(1) Reissuance of benefits.--Section 1631(a)(2)(E) of such
Act (42 U.S.C. 1383(a)(2)(E)) is amended by inserting after the
first sentence the following: ``In any case in which a
representative payee that--
``(i) is not an individual (regardless of whether it is a
`qualified organization' within the meaning of subparagraph
(D)(ii)); or
``(ii) is an individual who, for any month during a period
when misuse occurs, serves 15 or more individuals who are
beneficiaries under this title, title II, title VIII, or any
combination of such titles;
misuses all or part of an individual's benefit paid to such
representative payee, the Commissioner of Social Security shall pay to
the beneficiary or the beneficiary's alternative representative payee an
amount equal to the amount of such benefit so misused. The provisions of
this subparagraph are subject to the limitations of subparagraph
(H)(ii).''.
(2) Exclusion of reissued benefits from resources.--Section
1613(a) of such Act (42 U.S.C. 1382b(a)) is amended--
(A) in paragraph (12), by striking ``and'' at the
end;
(B) in paragraph (13), by striking the period and
inserting ``; and''; and
(C) by inserting after paragraph (13) the following:
``(14) for the 9-month period beginning after the month in
which received, any amount received by such individual (or
spouse) or any other person whose income is deemed to be
included in such individual's (or spouse's) income for purposes
of this title as restitution for benefits under this title,
title II, or title VIII that a representative payee of such
individual (or spouse) or such other person under section
205(j), 807, or 1631(a)(2) has misused.''.
(3) Misuse of benefits defined.--Section 1631(a)(2)(A) of
such Act (42 U.S.C. 1383(a)(2)(A)) is amended by adding at the
end the following:
``(iv) For purposes of this paragraph, misuse of benefits by a
representative payee occurs in any case in which the representative
payee receives payment under this title for the use and benefit of
another person and converts such payment, or any part thereof, to a use
other than for the use and benefit of such other person. The
Commissioner of Social Security may prescribe by regulation
[[Page 118 STAT. 497]]
the meaning of the term `use and benefit' for purposes of this
clause.''.
(d) Effective Date.--The <<NOTE: Applicability. 42 USC 405
note.>> amendments made by this section shall apply to any case of
benefit misuse by a representative payee with respect to which the
Commissioner of Social Security makes the determination of misuse on or
after January 1, 1995.
SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES.
(a) Certification of Bonding and Licensing Requirements for
Nongovernmental Organizational Representative Payees.--
(1) Title ii amendments.--Section 205(j) of the Social
Security Act (42 U.S.C. 405(j)) is amended--
(A) in paragraph (2)(C)(v), by striking ``a
community-based nonprofit social service agency licensed
or bonded by the State'' in subclause (I) and inserting
``a certified community-based nonprofit social service
agency (as defined in paragraph (9))'';
(B) in paragraph (3)(F), by striking ``community-
based nonprofit social service agencies'' and inserting
``certified community-based nonprofit social service
agencies (as defined in paragraph (9))'';
(C) in paragraph (4)(B), by striking ``any
community-based nonprofit social service agency which is
bonded or licensed in each State in which it serves as a
representative payee'' and inserting ``any certified
community-based nonprofit social service agency (as
defined in paragraph (9))''; and
(D) by adding after paragraph (8) (as added by
section 101(a)(2) of this Act) the following:
``(9) <<NOTE: Regulations.>> For purposes of this subsection, the
term `certified community-based nonprofit social service agency' means a
community-based nonprofit social service agency which is in compliance
with requirements, under regulations which shall be prescribed by the
Commissioner, for annual certification to the Commissioner that it is
bonded in accordance with requirements specified by the Commissioner and
that it is licensed in each State in which it serves as a representative
payee (if licensing is available in the State) in accordance with
requirements specified by the Commissioner. <<NOTE: Records.>> Any such
annual certification shall include a copy of any independent audit on
the agency which may have been performed since the previous
certification.''.
(2) Title xvi amendments.--Section 1631(a)(2) of such Act
(42 U.S.C. 1383(a)(2)) is amended--
(A) in subparagraph (B)(vii), by striking ``a
community-based nonprofit social service agency licensed
or bonded by the State'' in subclause (I) and inserting
``a certified community-based nonprofit social service
agency (as defined in subparagraph (I))'';
(B) in subparagraph (D)(ii)--
(i) by striking ``or any community-based'' and
all that follows through ``in accordance'' in
subclause (II) and inserting ``or any certified
community-based nonprofit social service agency
(as defined in subparagraph (I)), if the agency,
in accordance'';
[[Page 118 STAT. 498]]
(ii) by redesignating items (aa) and (bb) as
subclauses (I) and (II), respectively (and
adjusting the margins accordingly); and
(iii) by striking ``subclause (II)(bb)'' and
inserting ``subclause (II)''; and
(C) by adding at the end the following:
``(I) <<NOTE: Regulations.>> For purposes of this paragraph, the
term `certified community-based nonprofit social service agency' means a
community-based nonprofit social service agency which is in compliance
with requirements, under regulations which shall be prescribed by the
Commissioner, for annual certification to the Commissioner that it is
bonded in accordance with requirements specified by the Commissioner and
that it is licensed in each State in which it serves as a representative
payee (if licensing is available in the State) in accordance with
requirements specified by the Commissioner. <<NOTE: Records.>> Any such
annual certification shall include a copy of any independent audit on
the agency which may have been performed since the previous
certification.''.
(3) Effective date.--The <<NOTE: 42 USC 405.>> amendments
made by this subsection shall take effect on the first day of
the thirteenth month beginning after the date of the enactment
of this Act.
(b) Periodic Onsite Review.--
(1) Title ii amendment.--Section 205(j)(6) of such Act (42
U.S.C. 405(j)(6)) is amended to read as follows:
``(6)(A) In addition to such other reviews of representative payees
as the Commissioner of Social Security may otherwise conduct, the
Commissioner shall provide for the periodic onsite review of any person
or agency located in the United States that receives the benefits
payable under this title (alone or in combination with benefits payable
under title VIII or title XVI) to another individual pursuant to the
appointment of such person or agency as a representative payee under
this subsection, section 807, or section 1631(a)(2) in any case in
which--
``(i) the representative payee is a person who serves in
that capacity with respect to 15 or more such individuals;
``(ii) the representative payee is a certified community-
based nonprofit social service agency (as defined in paragraph
(9) of this subsection or section 1631(a)(2)(I)); or
``(iii) the representative payee is an agency (other than an
agency described in clause (ii)) that serves in that capacity
with respect to 50 or more such individuals.
``(B) <<NOTE: Deadline. Reports.>> Within 120 days after the end of
each fiscal year, the Commissioner shall submit to the Committee on Ways
and Means of the House of Representatives and the Committee on Finance
of the Senate a report on the results of periodic onsite reviews
conducted during the fiscal year pursuant to subparagraph (A) and of any
other reviews of representative payees conducted during such fiscal year
in connection with benefits under this title. Each such report shall
describe in detail all problems identified in such reviews and any
corrective action taken or planned to be taken to correct such problems,
and shall include--
``(i) the number of such reviews;
``(ii) the results of such reviews;
``(iii) the number of cases in which the representative
payee was changed and why;
``(iv) the number of cases involving the exercise of
expedited, targeted oversight of the representative payee by the
[[Page 118 STAT. 499]]
Commissioner conducted upon receipt of an allegation of misuse
of funds, failure to pay a vendor, or a similar irregularity;
``(v) the number of cases discovered in which there was a
misuse of funds;
``(vi) how any such cases of misuse of funds were dealt with
by the Commissioner;
``(vii) the final disposition of such cases of misuse of
funds, including any criminal penalties imposed; and
``(viii) such other information as the Commissioner deems
appropriate.''.
(2) Title viii amendment.--Section 807 of such Act (as
amended by section 101(b)(2) of this Act) is amended further by
adding at the end the following:
``(k) Periodic Onsite Review.--
``(1) In general.--In addition to such other reviews of
representative payees as the Commissioner of Social Security may
otherwise conduct, the Commissioner may provide for the periodic
onsite review of any person or agency that receives the benefits
payable under this title (alone or in combination with benefits
payable under title II or title XVI) to another individual
pursuant to the appointment of such person or agency as a
representative payee under this section, section 205(j), or
section 1631(a)(2) in any case in which--
``(A) the representative payee is a person who
serves in that capacity with respect to 15 or more such
individuals; or
``(B) the representative payee is an agency that
serves in that capacity with respect to 50 or more such
individuals.
``(2) Report.--Within <<NOTE: Deadline.>> 120 days after the
end of each fiscal year, the Commissioner shall submit to the
Committee on Ways and Means of the House of Representatives and
the Committee on Finance of the Senate a report on the results
of periodic onsite reviews conducted during the fiscal year
pursuant to paragraph (1) and of any other reviews of
representative payees conducted during such fiscal year in
connection with benefits under this title. Each such report
shall describe in detail all problems identified in such reviews
and any corrective action taken or planned to be taken to
correct such problems, and shall include--
``(A) the number of such reviews;
``(B) the results of such reviews;
``(C) the number of cases in which the
representative payee was changed and why;
``(D) the number of cases involving the exercise of
expedited, targeted oversight of the representative
payee by the Commissioner conducted upon receipt of an
allegation of misuse of funds, failure to pay a vendor,
or a similar irregularity;
``(E) the number of cases discovered in which there
was a misuse of funds;
``(F) how any such cases of misuse of funds were
dealt with by the Commissioner;
``(G) the final disposition of such cases of misuse
of funds, including any criminal penalties imposed; and
``(H) such other information as the Commissioner
deems appropriate.''.
[[Page 118 STAT. 500]]
(3) Title xvi amendment.--Section 1631(a)(2)(G) of such Act
(42 U.S.C. 1383(a)(2)(G)) is amended to read as follows:
``(G)(i) In addition to such other reviews of representative payees
as the Commissioner of Social Security may otherwise conduct, the
Commissioner shall provide for the periodic onsite review of any person
or agency that receives the benefits payable under this title (alone or
in combination with benefits payable under title II or title VIII) to
another individual pursuant to the appointment of the person or agency
as a representative payee under this paragraph, section 205(j), or
section 807 in any case in which--
``(I) the representative payee is a person who serves in
that capacity with respect to 15 or more such individuals;
``(II) the representative payee is a certified community-
based nonprofit social service agency (as defined in
subparagraph (I) of this paragraph or section 205(j)(9)); or
``(III) the representative payee is an agency (other than an
agency described in subclause (II)) that serves in that capacity
with respect to 50 or more such individuals.
``(ii) <<NOTE: Deadline. Reports.>> Within 120 days after the end of
each fiscal year, the Commissioner shall submit to the Committee on Ways
and Means of the House of Representatives and the Committee on Finance
of the Senate a report on the results of periodic onsite reviews
conducted during the fiscal year pursuant to clause (i) and of any other
reviews of representative payees conducted during such fiscal year in
connection with benefits under this title. Each such report shall
describe in detail all problems identified in the reviews and any
corrective action taken or planned to be taken to correct the problems,
and shall include--
``(I) the number of the reviews;
``(II) the results of such reviews;
``(III) the number of cases in which the representative
payee was changed and why;
``(IV) the number of cases involving the exercise of
expedited, targeted oversight of the representative payee by the
Commissioner conducted upon receipt of an allegation of misuse
of funds, failure to pay a vendor, or a similar irregularity;
``(V) the number of cases discovered in which there was a
misuse of funds;
``(VI) how any such cases of misuse of funds were dealt with
by the Commissioner;
``(VII) the final disposition of such cases of misuse of
funds, including any criminal penalties imposed; and
``(VIII) such other information as the Commissioner deems
appropriate.''.
SEC. 103. DISQUALIFICATION FROM SERVICE AS REPRESENTATIVE PAYEE OF
PERSONS CONVICTED OF OFFENSES RESULTING IN IMPRISONMENT FOR
MORE THAN 1 YEAR OR FLEEING PROSECUTION, CUSTODY, OR
CONFINEMENT.
(a) Title II Amendments.--Section 205(j)(2) of the Social Security
Act (42 U.S.C. 405(j)(2)) is amended--
(1) in subparagraph (B)(i)--
(A) by striking ``and'' at the end of subclause
(III);
(B) by redesignating subclause (IV) as subclause
(VI); and
(C) by inserting after subclause (III) the
following:
[[Page 118 STAT. 501]]
``(IV) obtain information concerning whether such person has
been convicted of any other offense under Federal or State law
which resulted in imprisonment for more than 1 year,
``(V) obtain information concerning whether such person is a
person described in section 202(x)(1)(A)(iv), and'';
(2) in subparagraph (B), by adding at the end the following:
``(iii) <<NOTE: Identifying information.>> Notwithstanding the
provisions of section 552a of title 5, United States Code, or any other
provision of Federal or State law (other than section 6103 of the
Internal Revenue Code of 1986 and section 1106(c) of this Act), the
Commissioner shall furnish any Federal, State, or local law enforcement
officer, upon the written request of the officer, with the current
address, social security account number, and photograph (if applicable)
of any person investigated under this paragraph, if the officer
furnishes the Commissioner with the name of such person and such other
identifying information as may reasonably be required by the
Commissioner to establish the unique identity of such person, and
notifies the Commissioner that--
``(I) such person is described in section 202(x)(1)(A)(iv),
``(II) such person has information that is necessary for the
officer to conduct the officer's official duties, and
``(III) the location or apprehension of such person is
within the officer's official duties.'';
(3) in subparagraph (C)(i)(II)--
(A) by striking ``subparagraph (B)(i)(IV),,'' and
inserting ``subparagraph (B)(i)(VI)''; and
(B) by striking ``section 1631(a)(2)(B)(ii)(IV)''
and inserting ``section 1631(a)(2)(B)(ii)(VI)''; and
(4) in subparagraph (C)(i)--
(A) by striking ``or'' at the end of subclause (II);
(B) by striking the period at the end of subclause
(III) and inserting a comma; and
(C) by adding at the end the following:
``(IV) such person has previously been convicted as
described in subparagraph (B)(i)(IV), unless the Commissioner
determines that such certification would be appropriate
notwithstanding such conviction, or
``(V) such person is a person described in section
202(x)(1)(A)(iv).''.
(b) Title VIII Amendments.--Section 807 of such Act (42 U.S.C. 1007)
is amended--
(1) in subsection (b)(2)--
(A) by striking ``and'' at the end of subparagraph
(C);
(B) by redesignating subparagraph (D) as
subparagraph (F); and
(C) by inserting after subparagraph (C) the
following:
``(D) obtain information concerning whether such
person has been convicted of any other offense under
Federal or State law which resulted in imprisonment for
more than 1 year;
``(E) obtain information concerning whether such
person is a person described in section 804(a)(2);
and'';
(2) in subsection (b), by adding at the end the following:
``(3) <<NOTE: Identifying information.>> Notwithstanding the
provisions of section 552a of title 5, United States Code, or
any other provision of Federal or State law (other than section
6103 of the Internal Revenue Code of 1986 and section 1106(c) of
this Act), the Commissioner
[[Page 118 STAT. 502]]
shall furnish any Federal, State, or local law enforcement
officer, upon the written request of the officer, with the
current address, social security account number, and photograph
(if applicable) of any person investigated under this
subsection, if the officer furnishes the Commissioner with the
name of such person and such other identifying information as
may reasonably be required by the Commissioner to establish the
unique identity of such person, and notifies the Commissioner
that--
``(A) such person is described in section 804(a)(2),
``(B) such person has information that is necessary
for the officer to conduct the officer's official
duties, and
``(C) the location or apprehension of such person is
within the officer's official duties.''; and
(3) in subsection (d)(1)--
(A) by striking ``or'' at the end of subparagraph
(B);
(B) by striking the period at the end of
subparagraph (C) and inserting a semicolon; and
(C) by adding at the end the following:
``(D) such person has previously been convicted as
described in subsection (b)(2)(D), unless the
Commissioner determines that such payment would be
appropriate notwithstanding such conviction; or
``(E) such person is a person described in section
804(a)(2).''.
(c) Title XVI Amendments.--Section 1631(a)(2)(B) of such Act (42
U.S.C. 1383(a)(2)(B)) is amended--
(1) in clause (ii)--
(A) by striking ``and'' at the end of subclause
(III);
(B) by redesignating subclause (IV) as subclause
(VI); and
(C) by inserting after subclause (III) the
following:
``(IV) obtain information concerning whether the person has
been convicted of any other offense under Federal or State law
which resulted in imprisonment for more than 1 year;
``(V) obtain information concerning whether such person is a
person described in section 1611(e)(4)(A); and'';
(2) in clause (iii)(II)--
(A) by striking ``clause (ii)(IV)'' and inserting
``clause (ii)(VI)''; and
(B) by striking ``section 205(j)(2)(B)(i)(IV)'' and
inserting ``section 205(j)(2)(B)(i)(VI)'';
(3) in clause (iii)--
(A) by striking ``or'' at the end of subclause (II);
(B) by striking the period at the end of subclause
(III) and inserting a semicolon; and
(C) by adding at the end the following:
``(IV) the person has previously been convicted as described
in clause (ii)(IV) of this subparagraph, unless the Commissioner
determines that the payment would be appropriate notwithstanding
the conviction; or
``(V) such person is a person described in section
1611(e)(4)(A).''; and
(4) by adding at the end the following:
``(xiv) <<NOTE: Identifying information.>> Notwithstanding the
provisions of section 552a of title 5, United States Code, or any other
provision of Federal or State law (other than section 6103 of the
Internal Revenue Code of
[[Page 118 STAT. 503]]
1986 and section 1106(c) of this Act), the Commissioner shall furnish
any Federal, State, or local law enforcement officer, upon the written
request of the officer, with the current address, social security
account number, and photograph (if applicable) of any person
investigated under this subparagraph, if the officer furnishes the
Commissioner with the name of such person and such other identifying
information as may reasonably be required by the Commissioner to
establish the unique identity of such person, and notifies the
Commissioner that--
``(I) such person is described in section 1611(e)(4)(A),
``(II) such person has information that is necessary for the
officer to conduct the officer's official duties, and
``(III) the location or apprehension of such person is
within the officer's official duties.''.
(d) Effective Date.--The <<NOTE: 42 USC 405 note.>> amendments made
by this section shall take effect on the first day of the thirteenth
month beginning after the date of the enactment of this Act.
(e) Report to Congress.--The Commissioner of Social Security, in
consultation with the Inspector General of the Social Security
Administration, shall prepare a report evaluating whether the existing
procedures and reviews for the qualification (including
disqualification) of representative payees are sufficient to enable the
Commissioner to protect benefits from being misused by representative
payees. <<NOTE: Deadline.>> The Commissioner shall submit the report to
the Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate no later than 270 days after the date
of the enactment of this Act. The Commissioner shall include in such
report any recommendations that the Commissioner considers appropriate.
SEC. 104. FEE FORFEITURE IN CASE OF BENEFIT MISUSE BY REPRESENTATIVE
PAYEES.
(a) Title II Amendments.--Section 205(j)(4)(A)(i) of the Social
Security Act (42 U.S.C. 405(j)(4)(A)(i)) is amended--
(1) in the first sentence, by striking ``A'' and inserting
``Except as provided in the next sentence, a''; and
(2) in the second sentence, by striking ``The Secretary''
and inserting the following: ``A qualified organization may not
collect a fee from an individual for any month with respect to
which the Commissioner of Social Security or a court of
competent jurisdiction has determined that the organization
misused all or part of the individual's benefit, and any amount
so collected by the qualified organization for such month shall
be treated as a misused part of the individual's benefit for
purposes of paragraphs (5) and (6). The Commissioner''.
(b) Title XVI Amendments.--Section 1631(a)(2)(D)(i) of such Act (42
U.S.C. 1383(a)(2)(D)(i)) is amended--
(1) in the first sentence, by striking ``A'' and inserting
``Except as provided in the next sentence, a''; and
(2) in the second sentence, by striking ``The Commissioner''
and inserting the following: ``A qualified organization may not
collect a fee from an individual for any month with respect to
which the Commissioner of Social Security or a court of
competent jurisdiction has determined that the organization
misused all or part of the individual's benefit, and any amount
so collected by the qualified organization for such month shall
[[Page 118 STAT. 504]]
be treated as a misused part of the individual's benefit for
purposes of subparagraphs (E) and (F). The Commissioner''.
(c) Effective Date.--The <<NOTE: Applicability. 42 USC 405
note.>> amendments made by this section shall apply to any month
involving benefit misuse by a representative payee in any case with
respect to which the Commissioner of Social Security or a court of
competent jurisdiction makes the determination of misuse after 180 days
after the date of the enactment of this Act.
SEC. 105. LIABILITY OF REPRESENTATIVE PAYEES FOR MISUSED BENEFITS.
(a) Title II Amendments.--Section 205(j) of the Social Security Act
(42 U.S.C. 405(j)) (as amended by sections 101 and 102) is amended
further--
(1) by redesignating paragraphs (7), (8), and (9) as
paragraphs (8), (9), and (10), respectively;
(2) in paragraphs (2)(C)(v), (3)(F), and (4)(B), by striking
``paragraph (9)'' and inserting ``paragraph (10)'';
(3) in paragraph (6)(A)(ii), by striking ``paragraph (9)''
and inserting ``paragraph (10)''; and
(4) by inserting after paragraph (6) the following:
``(7)(A) If the Commissioner of Social Security or a court of
competent jurisdiction determines that a representative payee that is
not a Federal, State, or local government agency has misused all or part
of an individual's benefit that was paid to such representative payee
under this subsection, the representative payee shall be liable for the
amount misused, and such amount (to the extent not repaid by the
representative payee) shall be treated as an overpayment of benefits
under this title to the representative payee for all purposes of this
Act and related laws pertaining to the recovery of such
overpayments. <<NOTE: Certification.>> Subject to subparagraph (B), upon
recovering all or any part of such amount, the Commissioner shall
certify an amount equal to the recovered amount for payment to such
individual or such individual's alternative representative payee.
``(B) The total of the amount certified for payment to such
individual or such individual's alternative representative payee under
subparagraph (A) and the amount certified for payment under paragraph
(5) may not exceed the total benefit amount misused by the
representative payee with respect to such individual.''.
(b) Title VIII Amendment.--Section 807 of such Act (as amended by
section 102(b)(2)) is amended further by adding at the end the
following:
``(l) Liability for Misused Amounts.--
``(1) In general.--If the Commissioner of Social Security or
a court of competent jurisdiction determines that a
representative payee that is not a Federal, State, or local
government agency has misused all or part of a qualified
individual's benefit that was paid to such representative payee
under this section, the representative payee shall be liable for
the amount misused, and such amount (to the extent not repaid by
the representative payee) shall be treated as an overpayment of
benefits under this title to the representative payee for all
purposes of this Act and related laws pertaining to the recovery
of such overpayments. Subject to paragraph (2), upon recovering
all or any part of such amount, the Commissioner shall make
payment of an amount equal to the recovered amount to such
qualified
[[Page 118 STAT. 505]]
individual or such qualified individual's alternative
representative payee.
``(2) Limitation.--The total of the amount paid to such
individual or such individual's alternative representative payee
under paragraph (1) and the amount paid under subsection (i) may
not exceed the total benefit amount misused by the
representative payee with respect to such individual.''.
(c) Title XVI Amendments.--Section 1631(a)(2) of such Act (42 U.S.C.
1383(a)(2)) (as amended by section 102(b)(3)) is amended further--
(1) in subparagraph (G)(i)(II), by striking ``section
205(j)(9)'' and inserting ``section 205(j)(10)''; and
(2) by striking subparagraph (H) and inserting the
following:
``(H)(i) If the Commissioner of Social Security or a court of
competent jurisdiction determines that a representative payee that is
not a Federal, State, or local government agency has misused all or part
of an individual's benefit that was paid to the representative payee
under this paragraph, the representative payee shall be liable for the
amount misused, and the amount (to the extent not repaid by the
representative payee) shall be treated as an overpayment of benefits
under this title to the representative payee for all purposes of this
Act and related laws pertaining to the recovery of the overpayments.
Subject to clause (ii), upon recovering all or any part of the amount,
the Commissioner shall make payment of an amount equal to the recovered
amount to such individual or such individual's alternative
representative payee.
``(ii) The total of the amount paid to such individual or such
individual's alternative representative payee under clause (i) and the
amount paid under subparagraph (E) may not exceed the total benefit
amount misused by the representative payee with respect to such
individual.''.
(d) Effective Date.--The <<NOTE: Applicability. 42 USC 405
note.>> amendments made by this section shall apply to benefit misuse by
a representative payee in any case with respect to which the
Commissioner of Social Security or a court of competent jurisdiction
makes the determination of misuse after 180 days after the date of the
enactment of this Act.
SEC. 106. AUTHORITY TO REDIRECT DELIVERY OF BENEFIT PAYMENTS WHEN A
REPRESENTATIVE PAYEE FAILS TO PROVIDE REQUIRED ACCOUNTING.
(a) Title II Amendments.--Section 205(j)(3) of the Social Security
Act (42 U.S.C. 405(j)(3)) (as amended by sections 102(a)(1)(B) and
105(a)(2)) is amended--
(1) by redesignating subparagraphs (E) and (F) as
subparagraphs (F) and (G), respectively; and
(2) by inserting after subparagraph (D) the following:
``(E) In any case in which the person described in subparagraph (A)
or (D) receiving payments on behalf of another fails to submit a report
required by the Commissioner of Social Security under subparagraph (A)
or (D), the Commissioner may, after furnishing notice to such person and
the individual entitled to such payment, require that such person appear
in person at a field office of the Social Security Administration
serving the area in which the individual resides in order to receive
such payments.''.
[[Page 118 STAT. 506]]
(b) Title VIII Amendments.--Section 807(h) of such Act (42 U.S.C.
1007(h)) is amended--
(1) by redesignating paragraphs (3) and (4) as paragraphs
(4) and (5), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) Authority to redirect delivery of benefit payments
when a representative payee fails to provide required
accounting.--In any case in which the person described in
paragraph (1) or (2) receiving benefit payments on behalf of a
qualified individual fails to submit a report required by the
Commissioner of Social Security under paragraph (1) or (2), the
Commissioner may, after furnishing notice to such person and the
qualified individual, require that such person appear in person
at a United States Government facility designated by the Social
Security Administration as serving the area in which the
qualified individual resides in order to receive such benefit
payments.''.
(c) Title XVI Amendment.--Section 1631(a)(2)(C) of such Act (42
U.S.C. 1383(a)(2)(C)) is amended by adding at the end the following:
``(v) In any case in which the person described in clause (i) or
(iv) receiving payments on behalf of another fails to submit a report
required by the Commissioner of Social Security under clause (i) or
(iv), the Commissioner may, after furnishing notice to the person and
the individual entitled to the payment, require that such person appear
in person at a field office of the Social Security Administration
serving the area in which the individual resides in order to receive
such payments.''.
(d) Effective Date.--The <<NOTE: 42 USC 405 note.>> amendments made
by this section shall take effect 180 days after the date of the
enactment of this Act.
SEC. 107. SURVEY OF USE OF PAYMENTS BY REPRESENTATIVE PAYEES.
(a) In General.--Section 1110 of the Social Security Act (42 U.S.C.
1310) is amended by adding at the end the following:
``(c)(1) In addition to the amount otherwise appropriated in any
other law to carry out subsection (a) for fiscal year 2004, up to
$8,500,000 is authorized and appropriated and shall be used by the
Commissioner of Social Security under this subsection for purposes of
conducting a statistically valid survey to determine how payments made
to individuals, organizations, and State or local government agencies
that are representative payees for benefits paid under title II or XVI
are being managed and used on behalf of the beneficiaries for whom such
benefits are paid.
``(2) <<NOTE: Deadline. Reports.>> Not later than 18 months after
the date of enactment of this subsection, the Commissioner of Social
Security shall submit a report on the survey conducted in accordance
with paragraph (1) to the Committee on Ways and Means of the House of
Representatives and the Committee on Finance of the Senate.''.
[[Page 118 STAT. 507]]
Subtitle B--Enforcement
SEC. 111. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO WRONGFUL
CONVERSIONS BY REPRESENTATIVE PAYEES.
(a) In General.--Section 1129(a) of the Social Security Act (42
U.S.C. 1320a-8) is amended by adding at the end the following:
``(3) Any person (including an organization, agency, or other
entity) who, having received, while acting in the capacity of a
representative payee pursuant to section 205(j), 807, or 1631(a)(2), a
payment under title II, VIII, or XVI for the use and benefit of another
individual, converts such payment, or any part thereof, to a use that
such person knows or should know is other than for the use and benefit
of such other individual shall be subject to, in addition to any other
penalties that may be prescribed by law, a civil money penalty of not
more than $5,000 for each such conversion. Such person shall also be
subject to an assessment, in lieu of damages sustained by the United
States resulting from the conversion, of not more than twice the amount
of any payments so converted.''.
(b) Effective Date.--The <<NOTE: Applicability. 42 USC 1320a-8
note.>> amendment made by this section shall apply with respect to
violations committed after the date of the enactment of this Act.
TITLE II--PROGRAM PROTECTIONS
SEC. 201. CIVIL MONETARY PENALTY AUTHORITY WITH RESPECT TO WITHHOLDING
OF MATERIAL FACTS.
(a) Treatment of Withholding of Material Facts.--
(1) Civil penalties.--Section 1129(a)(1) of the Social
Security Act (42 U.S.C. 1320a-8(a)(1)) is amended--
(A) by striking ``who'' in the first sentence and
inserting ``who--'';
(B) by striking ``makes'' in the first sentence and
all that follows through ``shall be subject to,'' and
inserting the following:
``(A) makes, or causes to be made, a statement or
representation of a material fact, for use in determining any
initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments under
title VIII or XVI, that the person knows or should know is false
or misleading,
``(B) makes such a statement or representation for such use
with knowing disregard for the truth, or
``(C) omits from a statement or representation for such use,
or otherwise withholds disclosure of, a fact which the person
knows or should know is material to the determination of any
initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments under
title VIII or XVI, if the person knows, or should know, that the
statement or representation with such omission is false or
misleading or that the withholding of such disclosure is
misleading,
shall be subject to,'';
[[Page 118 STAT. 508]]
(C) by inserting ``or each receipt of such benefits
or payments while withholding disclosure of such fact''
after ``each such statement or representation'' in the
first sentence;
(D) by inserting ``or because of such withholding of
disclosure of a material fact'' after ``because of such
statement or representation'' in the second sentence;
and
(E) by inserting ``or such a withholding of
disclosure'' after ``such a statement or
representation'' in the second sentence.
(2) Administrative procedure for imposing penalties.--
Section 1129A(a) of such Act (42 U.S.C. 1320a-8a(a)) is
amended--
(A) by striking ``who'' the first place it appears
and inserting ``who--''; and
(B) by striking ``makes'' and all that follows
through ``shall be subject to,'' and inserting the
following:
``(1) makes, or causes to be made, a statement or
representation of a material fact, for use in determining any
initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments under
title XVI that the person knows or should know is false or
misleading,
``(2) makes such a statement or representation for such use
with knowing disregard for the truth, or
``(3) omits from a statement or representation for such use,
or otherwise withholds disclosure of, a fact which the person
knows or should know is material to the determination of any
initial or continuing right to or the amount of monthly
insurance benefits under title II or benefits or payments under
title XVI, if the person knows, or should know, that the
statement or representation with such omission is false or
misleading or that the withholding of such disclosure is
misleading,
shall be subject to,''.
(b) Clarification of Treatment of Recovered Amounts.--Section
1129(e)(2)(B) of such Act (42 U.S.C. 1320a-8(e)(2)(B)) is amended by
striking ``In the case of amounts recovered arising out of a
determination relating to title VIII or XVI,'' and inserting ``In the
case of any other amounts recovered under this section,''.
(c) Conforming Amendments.--
(1) Section 1129(b)(3)(A) of such Act (42 U.S.C. 1320a-
8(b)(3)(A)) is amended by striking ``charging fraud or false
statements''.
(2) Section 1129(c)(1) of such Act (42 U.S.C. 1320a-8(c)(1))
is amended by striking ``and representations'' and inserting ``,
representations, or actions''.
(3) Section 1129(e)(1)(A) of such Act (42 U.S.C. 1320a-
8(e)(1)(A)) is amended by striking ``statement or representation
referred to in subsection (a) was made'' and inserting
``violation occurred''.
(d) Effective Date.--The <<NOTE: Applicability. 42 USC 1320a-8
note.>> amendments made by this section shall apply with respect to
violations committed after the date on which the Commissioner of Social
Security implements the centralized computer file described in section
202.
[[Page 118 STAT. 509]]
SEC. 202. <<NOTE: Effective date. Records. 42 USC 902 note.>> ISSUANCE
BY COMMISSIONER OF SOCIAL SECURITY OF RECEIPTS TO
ACKNOWLEDGE SUBMISSION OF REPORTS OF CHANGES IN WORK OR
EARNINGS STATUS OF DISABLED BENEFICIARIES.
Effective as soon as possible, but not later than 1 year after the
date of the enactment of this Act, until such time as the Commissioner
of Social Security implements a centralized computer file recording the
date of the submission of information by a disabled beneficiary (or
representative) regarding a change in the beneficiary's work or earnings
status, the Commissioner shall issue a receipt to the disabled
beneficiary (or representative) each time he or she submits
documentation, or otherwise reports to the Commissioner, on a change in
such status.
SEC. 203. DENIAL OF TITLE II BENEFITS TO PERSONS FLEEING PROSECUTION,
CUSTODY, OR CONFINEMENT, AND TO PERSONS VIOLATING PROBATION
OR PAROLE.
(a) In General.--Section 202(x) of the Social Security Act (42
U.S.C. 402(x)) is amended--
(1) in the heading, by striking ``Prisoners'' and all that
follows and inserting the following: ``Prisoners, Certain Other
Inmates of Publicly Funded Institutions, Fugitives,
Probationers, and Parolees'';
(2) in paragraph (1)(A)(ii)(IV), by striking ``or'' at the
end;
(3) in paragraph (1)(A)(iii), by striking the period at the
end and inserting a comma;
(4) by inserting after paragraph (1)(A)(iii) the following:
``(iv) is fleeing to avoid prosecution, or custody or
confinement after conviction, under the laws of the place from
which the person flees, for a crime, or an attempt to commit a
crime, which is a felony under the laws of the place from which
the person flees, or, in jurisdictions that do not define crimes
as felonies, is punishable by death or imprisonment for a term
exceeding 1 year regardless of the actual sentence imposed, or
``(v) is violating a condition of probation or parole
imposed under Federal or State law.'';
(5) by adding at the end of paragraph (1)(B) the following:
``(iii) Notwithstanding subparagraph (A), the Commissioner shall,
for good cause shown, pay the individual benefits that have been
withheld or would otherwise be withheld pursuant to clause (iv) or (v)
of subparagraph (A) if the Commissioner determines that--
``(I) a court of competent jurisdiction has found the
individual not guilty of the criminal offense, dismissed the
charges relating to the criminal offense, vacated the warrant
for arrest of the individual for the criminal offense, or issued
any similar exonerating order (or taken similar exonerating
action), or
``(II) the individual was erroneously implicated in
connection with the criminal offense by reason of identity
fraud.
``(iv) Notwithstanding subparagraph (A), the Commissioner may, for
good cause shown based on mitigating circumstances, pay the individual
benefits that have been withheld or would otherwise be withheld pursuant
to clause (iv) or (v) of subparagraph (A) if the Commissioner determines
that--
[[Page 118 STAT. 510]]
``(I) the offense described in clause (iv) or underlying the
imposition of the probation or parole described in clause (v)
was nonviolent and not drug-related, and
``(II) in the case of an individual from whom benefits have
been withheld or otherwise would be withheld pursuant to
subparagraph (A)(v), the action that resulted in the violation
of a condition of probation or parole was nonviolent and not
drug-related.''; and
(6) in paragraph (3), by adding at the end the following:
``(C) Notwithstanding the provisions of section 552a of title 5,
United States Code, or any other provision of Federal or State law
(other than section 6103 of the Internal Revenue Code of 1986 and
section 1106(c) of this Act), the Commissioner shall furnish any
Federal, State, or local law enforcement officer, upon the written
request of the officer, with the current address, Social Security
number, and photograph (if applicable) of any beneficiary under this
title, if the officer furnishes the Commissioner with the name of the
beneficiary, and other identifying information as reasonably required by
the Commissioner to establish the unique identity of the beneficiary,
and notifies the Commissioner that--
``(i) the beneficiary is described in clause (iv) or (v) of
paragraph (1)(A); and
``(ii) the location or apprehension of the beneficiary is
within the officer's official duties.''.
(b) Conforming Amendments to Title XVI.--Section 1611(e) of the
Social Security Act (42 U.S.C. 1382(e)) is amended--
(1) in paragraph (4)--
(A) by redesignating subparagraphs (A) and (B) as
clauses (i) and (ii), respectively;
(B) by inserting ``(A)'' after ``(4)'';
(C) in clause (i) of subparagraph (A) (as
redesignated by subparagraph (A)), by striking ``or
which, in the case of the State of New Jersey, is a high
misdemeanor under the laws of such State'' and inserting
``or, in jurisdictions that do not define crimes as
felonies, is punishable by death or imprisonment for a
term exceeding 1 year regardless of the actual sentence
imposed''; and
(D) by adding at the end the following:
``(B) Notwithstanding subparagraph (A), the Commissioner shall, for
good cause shown, treat the person referred to in subparagraph (A) as an
eligible individual or eligible spouse if the Commissioner determines
that--
``(i) a court of competent jurisdiction has found the person
not guilty of the criminal offense, dismissed the charges
relating to the criminal offense, vacated the warrant for arrest
of the person for the criminal offense, or issued any similar
exonerating order (or taken similar exonerating action), or
``(ii) the person was erroneously implicated in connection
with the criminal offense by reason of identity fraud.
``(C) Notwithstanding subparagraph (A), the Commissioner may, for
good cause shown based on mitigating circumstances, treat the person
referred to in subparagraph (A) as an eligible individual or eligible
spouse if the Commissioner determines that--
``(i) the offense described in subparagraph (A)(i) or
underlying the imposition of the probation or parole described
in subparagraph (A)(ii) was nonviolent and not drug-related, and
[[Page 118 STAT. 511]]
``(ii) in the case of a person who is not considered an
eligible individual or eligible spouse pursuant to subparagraph
(A)(ii), the action that resulted in the violation of a
condition of probation or parole was nonviolent and not drug-
related.''; and
(2) in paragraph (5), by striking subparagraphs (A) and (B)
and inserting the following:
``(A) the recipient is described in clause (i) or (ii) of
paragraph (4)(A); and
``(B) the location or apprehension of the recipient is
within the officer's official duties.''.
(c) Conforming Amendment.--Section 804(a)(2) of the Social Security
Act (42 U.S.C. 1004(a)(2)) is amended by striking ``or which, in the
case of the State of New Jersey, is a high misdemeanor under the laws of
such State'' and inserting ``or, in jurisdictions that do not define
crimes as felonies, is punishable by death or imprisonment for a term
exceeding 1 year regardless of the actual sentence imposed''.
(d) Effective Date.--The <<NOTE: 42 USC 402 note.>> amendments made
by this section shall take effect on the first day of the first month
that begins on or after the date that is 9 months after the date of
enactment of this Act.
SEC. 204. REQUIREMENTS RELATING TO OFFERS TO PROVIDE FOR A FEE, A
PRODUCT OR SERVICE AVAILABLE WITHOUT CHARGE FROM THE SOCIAL
SECURITY ADMINISTRATION.
(a) In General.--Section 1140 of the Social Security Act (42 U.S.C.
1320b-10) is amended--
(1) in subsection (a), by adding at the end the following:
``(4)(A) No person shall offer, for a fee, to assist an individual
to obtain a product or service that the person knows or should know is
provided free of charge by the Social Security Administration unless, at
the time the offer is made, the person provides to the individual to
whom the offer is tendered a notice that--
``(i) explains that the product or service is available free
of charge from the Social Security Administration, and
``(ii) complies with standards prescribed by the
Commissioner of Social Security respecting the content of such
notice and its placement, visibility, and legibility.
``(B) Subparagraph (A) shall not apply to any offer--
``(i) to serve as a claimant representative in connection
with a claim arising under title II, title VIII, or title XVI;
or
``(ii) to prepare, or assist in the preparation of, an
individual's plan for achieving self-support under title XVI.'';
and
(2) in the heading, by striking ``prohibition of misuse of
symbols, emblems, or names in reference'' and inserting
``prohibitions relating to references''.
(b) Effective Date.--The <<NOTE: Applicability. 42 USC 1320b-10
note.>> amendments made by this section shall apply to offers of
assistance made after the sixth month ending after the Commissioner of
Social Security promulgates final regulations prescribing the standards
applicable to the notice required to be provided in connection with such
offer. <<NOTE: Regulations. Deadline.>> The Commissioner shall
promulgate such final regulations within 1 year after the date of the
enactment of this Act.
[[Page 118 STAT. 512]]
SEC. 205. REFUSAL TO RECOGNIZE CERTAIN INDIVIDUALS AS CLAIMANT
REPRESENTATIVES.
Section 206(a)(1) of the Social Security Act (42 U.S.C. 406(a)(1))
is amended by inserting after the second sentence the following:
``Notwithstanding the preceding sentences, the Commissioner, after due
notice and opportunity for hearing, (A) may refuse to recognize as a
representative, and may disqualify a representative already recognized,
any attorney who has been disbarred or suspended from any court or bar
to which he or she was previously admitted to practice or who has been
disqualified from participating in or appearing before any Federal
program or agency, and (B) may refuse to recognize, and may disqualify,
as a non-attorney representative any attorney who has been disbarred or
suspended from any court or bar to which he or she was previously
admitted to practice. A representative who has been disqualified or
suspended pursuant to this section from appearing before the Social
Security Administration as a result of collecting or receiving a fee in
excess of the amount authorized shall be barred from appearing before
the Social Security Administration as a representative until full
restitution is made to the claimant and, thereafter, may be considered
for reinstatement only under such rules as the Commissioner may
prescribe.''.
SEC. 206. CRIMINAL PENALTY FOR CORRUPT OR FORCIBLE INTERFERENCE WITH
ADMINISTRATION OF SOCIAL SECURITY ACT.
Part A of title XI of the Social Security Act (42 U.S.C. 1301 et
seq.) is amended by inserting after section 1129A the following:
``Sec. 1129B. <<NOTE: 42 USC 1320a-8b.>> Whoever corruptly or by
force or threats of force (including any threatening letter or
communication) attempts to intimidate or impede any officer, employee,
or contractor of the Social Security Administration (including any State
employee of a disability determination service or any other individual
designated by the Commissioner of Social Security) acting in an official
capacity to carry out a duty under this Act, or in any other way
corruptly or by force or threats of force (including any threatening
letter or communication) obstructs or impedes, or attempts to obstruct
or impede, the due administration of this Act, shall be fined not more
than $5,000, imprisoned not more than 3 years, or both, except that if
the offense is committed only by threats of force, the person shall be
fined not more than $3,000, imprisoned not more than 1 year, or both. In
this subsection, the term `threats of force' means threats of harm to
the officer or employee of the United States or to a contractor of the
Social Security Administration, or to a member of the family of such an
officer or employee or contractor.''.
SEC. 207. USE OF SYMBOLS, EMBLEMS, OR NAMES IN REFERENCE TO SOCIAL
SECURITY OR MEDICARE.
(a) In General.--Section 1140(a)(1) of the Social Security Act (42
U.S.C. 1320b-10(a)(1)) is amended--
(1) in subparagraph (A), by inserting `` `Centers for
Medicare & Medicaid Services','' after `` `Health Care Financing
Administration','', by striking ``or `Medicaid', '' and
inserting `` `Medicaid',
[[Page 118 STAT. 513]]
`Death Benefits Update', `Federal Benefit Information', `Funeral
Expenses', or `Final Supplemental Plan','' and by inserting ``
`CMS','' after `` `HCFA','';
(2) in subparagraph (B), by inserting ``Centers for Medicare
& Medicaid Services,'' after ``Health Care Financing
Administration,'' each place it appears; and
(3) in the matter following subparagraph (B), by striking
``the Health Care Financing Administration,'' each place it
appears and inserting ``the Centers for Medicare & Medicaid
Services,''.
(b) Effective Date.--The <<NOTE: Applicability. 42 USC 1320b-10
note.>> amendments made by this section shall apply to items sent after
180 days after the date of the enactment of this Act.
SEC. 208. DISQUALIFICATION FROM PAYMENT DURING TRIAL WORK PERIOD UPON
CONVICTION OF FRAUDULENT CONCEALMENT OF WORK ACTIVITY.
(a) In General.--Section 222(c) of the Social Security Act (42
U.S.C. 422(c)) is amended by adding at the end the following:
``(5) Upon conviction by a Federal court that an individual has
fraudulently concealed work activity during a period of trial work from
the Commissioner of Social Security by--
``(A) providing false information to the Commissioner of
Social Security as to whether the individual had earnings in or
for a particular period, or as to the amount thereof;
``(B) receiving disability insurance benefits under this
title while engaging in work activity under another identity,
including under another social security account number or a
number purporting to be a social security account number; or
``(C) taking other actions to conceal work activity with an
intent fraudulently to secure payment in a greater amount than
is due or when no payment is authorized,
no benefit shall be payable to such individual under this title with
respect to a period of disability for any month before such conviction
during which the individual rendered services during the period of trial
work with respect to which the fraudulently concealed work activity
occurred, and amounts otherwise due under this title as restitution,
penalties, assessments, fines, or other repayments shall in all cases be
in addition to any amounts for which such individual is liable as
overpayments by reason of such concealment.''.
(b) Effective Date.--The <<NOTE: Applicability. 42 USC 422
note.>> amendment made by subsection (a) shall apply with respect to
work activity performed after the date of the enactment of this Act.
SEC. 209. AUTHORITY FOR JUDICIAL ORDERS OF RESTITUTION.
(a) Amendments to Title II.--Section 208 of the Social Security Act
(42 U.S.C. 408) is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively;
(2) by inserting after subsection (a) the following:
``(b)(1) Any Federal court, when sentencing a defendant convicted of
an offense under subsection (a), may order, in addition to or in lieu of
any other penalty authorized by law, that the defendant make restitution
to the victims of such offense specified in paragraph (4).
[[Page 118 STAT. 514]]
``(2) <<NOTE: Applicability.>> Sections 3612, 3663, and 3664 of
title 18, United States Code, shall apply with respect to the issuance
and enforcement of orders of restitution to victims of such offense
under this subsection.
``(3) If the court does not order restitution, or orders only
partial restitution, under this subsection, the court shall state on the
record the reasons therefor.
``(4) For purposes of paragraphs (1) and (2), the victims of an
offense under subsection (a) are the following:
``(A) Any individual who suffers a financial loss as a
result of the defendant's violation of subsection (a).
``(B) The Commissioner of Social Security, to the extent
that the defendant's violation of subsection (a) results in--
``(i) the Commissioner of Social Security making a
benefit payment that should not have been made; or
``(ii) an individual suffering a financial loss due
to the defendant's violation of subsection (a) in his or
her capacity as the individual's representative payee
appointed pursuant to section 205(j).
``(5)(A) Except as provided in subparagraph (B), funds paid to the
Commissioner of Social Security as restitution pursuant to a court order
shall be deposited in the Federal Old-Age and Survivors Insurance Trust
Fund, or the Federal Disability Insurance Trust Fund, as appropriate.
``(B) In the case of funds paid to the Commissioner of Social
Security pursuant to paragraph (4)(B)(ii), the Commissioner of Social
Security shall certify for payment to the individual described in such
paragraph an amount equal to the lesser of the amount of the funds so
paid or the individual's outstanding financial loss, except that such
amount may be reduced by the amount of any overpayments of benefits owed
under this title, title VIII, or title XVI by the individual.''; and
(3) by amending subsection (c) (as redesignated by paragraph
(1)), by striking the second sentence.
(b) Amendments to Title VIII.--Section 811 of the Social Security
Act (42 U.S.C. 1011) is amended--
(1) by striking subsection (b) and inserting the following:
``(b) Court Order for Restitution.--
``(1) In general.--Any Federal court, when sentencing a
defendant convicted of an offense under subsection (a), may
order, in addition to or in lieu of any other penalty authorized
by law, that the defendant make restitution to the Commissioner
of Social Security, in any case in which such offense results
in--
``(A) the Commissioner of Social Security making a
benefit payment that should not have been made, or
``(B) an individual suffering a financial loss due
to the defendant's violation of subsection (a) in his or
her capacity as the individual's representative payee
appointed pursuant to section 807(i).
``(2) Related provisions.--
Sections <<NOTE: Applicability.>> 3612, 3663, and 3664 of title
18, United States Code, shall apply with respect to the issuance
and enforcement of orders of restitution under this subsection.
In so applying such sections, the Commissioner of Social
Security shall be considered the victim.
``(3) Stated reasons for not ordering restitution.--If the
court does not order restitution, or orders only partial
[[Page 118 STAT. 515]]
restitution, under this subsection, the court shall state on the
record the reasons therefor.
``(4) Receipt of restitution payments.--
``(A) In general.--Except as provided in
subparagraph (B), funds paid to the Commissioner of
Social Security as restitution pursuant to a court order
shall be deposited as miscellaneous receipts in the
general fund of the Treasury.
``(B) Payment to the individual.--
In <<NOTE: Certification.>> the case of funds paid to
the Commissioner of Social Security pursuant to
paragraph (1)(B), the Commissioner of Social Security
shall certify for payment to the individual described in
such paragraph an amount equal to the lesser of the
amount of the funds so paid or the individual's
outstanding financial loss as described in such
paragraph, except that such amount may be reduced by any
overpayment of benefits owed under this title, title II,
or title XVI by the individual.''.
(c) Amendments to Title XVI.--Section 1632 of the Social Security
Act (42 U.S.C. 1383a) is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following:
``(b)(1) Any Federal court, when sentencing a defendant convicted of
an offense under subsection (a), may order, in addition to or in lieu of
any other penalty authorized by law, that the defendant make restitution
to the Commissioner of Social Security, in any case in which such
offense results in--
``(A) the Commissioner of Social Security making a benefit
payment that should not have been made, or
``(B) an individual suffering a financial loss due to the
defendant's violation of subsection (a) in his or her capacity
as the individual's representative payee appointed pursuant to
section 1631(a)(2).
``(2) <<NOTE: Applicability.>> Sections 3612, 3663, and 3664 of
title 18, United States Code, shall apply with respect to the issuance
and enforcement of orders of restitution under this subsection. In so
applying such sections, the Commissioner of Social Security shall be
considered the victim.
``(3) If the court does not order restitution, or orders only
partial restitution, under this subsection, the court shall state on the
record the reasons therefor.
``(4)(A) Except as provided in subparagraph (B), funds paid to the
Commissioner of Social Security as restitution pursuant to a court order
shall be deposited as miscellaneous receipts in the general fund of the
Treasury.
``(B) <<NOTE: Certification.>> In the case of funds paid to the
Commissioner of Social Security pursuant to paragraph (1)(B), the
Commissioner of Social Security shall certify for payment to the
individual described in such paragraph an amount equal to the lesser of
the amount of the funds so paid or the individual's outstanding
financial loss as described in such paragraph, except that such amount
may be reduced by any overpayment of benefits owed under this title,
title II, or title VIII by the individual.''; and
(3) by amending subsection (c) (as redesignated by paragraph
(1)) by striking ``(1) If a person'' and all that follows
through ``(2)''.
[[Page 118 STAT. 516]]
(d) Effective Date.--The <<NOTE: Applicability. 42 USC 408
note.>> amendments made by subsections (a), (b), and (c) shall apply
with respect to violations occurring on or after the date of enactment
of this Act.
SEC. 210. AUTHORITY FOR CROSS-PROGRAM RECOVERY OF BENEFIT OVERPAYMENTS.
(a) In General.--Section 1147 of the Social Security Act (42 U.S.C.
1320b-17) is amended to read as follows:
``(a) In General.--Subject to subsection (b), whenever the
Commissioner of Social Security determines that more than the correct
amount of any payment has been made to a person under a program
described in subsection (e), the Commissioner of Social Security may
recover the amount incorrectly paid by decreasing any amount which is
payable to such person under any other program specified in that
subsection.
``(b) Limitation Applicable to Current Benefits.--
``(1) In general.--In carrying out subsection (a), the
Commissioner of Social Security may not decrease the monthly
amount payable to an individual under a program described in
subsection (e) that is paid when regularly due--
``(A) in the case of benefits under title II or
VIII, by more than 10 percent of the amount of the
benefit payable to the person for that month under such
title; and
``(B) in the case of benefits under title XVI, by an
amount greater than the lesser of--
``(i) the amount of the benefit payable to the
person for that month; or
``(ii) an amount equal to 10 percent of the
person's income for that month (including such
monthly benefit but excluding payments under title
II when recovery is also made from title II
payments and excluding income excluded pursuant to
section 1612(b)).
``(2) Exception.--Paragraph (1) shall not apply if--
``(A) the person or the spouse of the person was
involved in willful misrepresentation or concealment of
material information in connection with the amount
incorrectly paid; or
``(B) the person so requests.
``(c) No Effect on Eligibility or Benefit Amount Under Title VIII or
XVI.--In any case in which the Commissioner of Social Security takes
action in accordance with subsection (a) to recover an amount
incorrectly paid to any person, neither that person, nor (with respect
to the program described in subsection (e)(3)) any individual whose
eligibility for benefits under such program or whose amount of such
benefits, is determined by considering any part of that person's income,
shall, as a result of such action--
``(1) become eligible for benefits under the program
described in paragraph (2) or (3) of subsection (e); or
``(2) if such person or individual is otherwise so eligible,
become eligible for increased benefits under such program.
``(d) Inapplicability of Prohibition Against Assessment and Legal
Process.--Section 207 shall not apply to actions taken under
[[Page 118 STAT. 517]]
the provisions of this section to decrease amounts payable under titles
II and XVI.
``(e) Programs Described.--The programs described in this subsection
are the following:
``(1) The old-age, survivors, and disability insurance
benefits program under title II.
``(2) The special benefits for certain World War II veterans
program under title VIII.
``(3) The supplemental security income benefits program
under title XVI (including, for purposes of this section, State
supplementary payments paid by the Commissioner pursuant to an
agreement under section 1616(a) of this Act or section 212(b) of
Public Law 93-66).''.
(b) Conforming Amendments.--
(1) Section 204(g) of the Social Security Act (42 U.S.C.
404(g)) is amended to read as follows:
``(g) For provisions relating to the cross-program recovery of
overpayments made under programs administered by the Commissioner of
Social Security, see section 1147.''.
(2) Section 808 of the Social Security Act (42 U.S.C. 1008)
is amended--
(A) in subsection (a)(1)--
(i) by striking subparagraph (B);
(ii) in the matter preceding subparagraph (A),
by striking ``any payment'' and all that follows
through ``under this title'' and inserting ``any
payment under this title''; and
(iii) by striking ``; or'' and inserting a
period;
(B) by striking subsection (b) and redesignating
subsections (c), (d), and (e) as subsections (b), (c),
and (d), respectively; and
(C) by adding at the end the following:
``(e) Cross-Program Recovery of Overpayments.--For provisions
relating to the cross-program recovery of overpayments made under
programs administered by the Commissioner of Social Security, see
section 1147.''.
(3) Section 1147A of the Social Security Act (42 U.S.C.
1320b-18) is repealed.
(4) Section 1631(b) of the Social Security Act (42 U.S.C.
1383(b)) is amended--
(A) in paragraph (1)(B)--
(i) by striking ``excluding any other'' and
inserting ``excluding payments under title II when
recovery is made from title II payments pursuant
to section 1147 and excluding''; and
(ii) by striking ``50 percent of''; and
(B) by striking paragraph (6) and inserting the
following:
``(6) For provisions relating to the cross-program recovery of
overpayments made under programs administered by the Commissioner of
Social Security, see section 1147.''.
(c) Effective Date.--The <<NOTE: 42 USC 404 note.>> amendments and
repeal made by this section shall take effect on the date of enactment
of this Act, and shall be effective with respect to overpayments under
titles II, VIII, and XVI of the Social Security Act that are outstanding
on or after such date.
[[Page 118 STAT. 518]]
SEC. 211. PROHIBITION ON PAYMENT OF TITLE II BENEFITS TO PERSONS NOT
AUTHORIZED TO WORK IN THE UNITED STATES.
(a) Fully Insured and Currently Insured Individuals.--Section 214
(42 U.S.C. 414) is amended--
(1) in subsection (a), by inserting before the period at the
end the following: ``, and who satisfies the criterion specified
in subsection (c)'';
(2) in subsection (b), by inserting before the period at the
end the following: ``, and who satisfies the criterion specified
in subsection (c)''; and
(3) by adding at the end the following:
``(c) For purposes of subsections (a) and (b), the criterion
specified in this subsection is that the individual, if not a United
States citizen or national--
``(1) has been assigned a social security account number
that was, at the time of assignment, or at any later time,
consistent with the requirements of subclause (I) or (III) of
section 205(c)(2)(B)(i); or
``(2) at the time any such quarters of coverage are earned--
``(A) is described in subparagraph (B) or (D) of
section 101(a)(15) of the Immigration and Nationality
Act,
``(B) is lawfully admitted temporarily to the United
States for business (in the case of an individual
described in such subparagraph (B)) or the performance
as a crewman (in the case of an individual described in
such subparagraph (D)), and
``(C) the business engaged in or service as a
crewman performed is within the scope of the terms of
such individual's admission to the United States.''.
(b) Disability Benefits.--Section 223(a)(1) of the Social Security
Act (42 U.S.C. 423(a)(1)) is amended--
(1) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively; and
(2) by inserting after subparagraph (B), the following:
``(C) if not a United States citizen or national--
``(i) has been assigned a social security account
number that was, at the time of assignment, or at any
later time, consistent with the requirements of
subclause (I) or (III) of section 205(c)(2)(B)(i); or
``(ii) at the time any quarters of coverage are
earned--
``(I) is described in subparagraph (B) or (D)
of section 101(a)(15) of the Immigration and
Nationality Act,
``(II) is lawfully admitted temporarily to the
United States for business (in the case of an
individual described in such subparagraph (B)) or
the performance as a crewman (in the case of an
individual described in such subparagraph (D)),
and
``(III) the business engaged in or service as
a crewman performed is within the scope of the
terms of such individual's admission to the United
States.''.
(c) Effective Date.--The <<NOTE: Applicability. 42 USC 414
note.>> amendments made by this section apply to benefit applications
based on social security account numbers issued on or after January 1,
2004.
[[Page 118 STAT. 519]]
TITLE III--ATTORNEY REPRESENTATIVE FEE PAYMENT SYSTEM IMPROVEMENTS
SEC. 301. CAP ON ATTORNEY ASSESSMENTS.
(a) In General.--Section 206(d)(2)(A) of the Social Security Act (42
U.S.C. 406(d)(2)(A)) is amended--
(1) by inserting ``, except that the maximum amount of the
assessment may not exceed the greater of $75 or the adjusted
amount as provided pursuant to the following two sentences''
after ``subparagraph (B)''; and
(2) by adding at the end the following: ``In the case of any
calendar year beginning after the amendments made by section 301
of the Social Security Protection Act of 2003 take effect, the
dollar amount specified in the preceding sentence (including a
previously adjusted amount) shall be adjusted annually under the
procedures used to adjust benefit amounts under section
215(i)(2)(A)(ii), except such adjustment shall be based on the
higher of $75 or the previously adjusted amount that would have
been in effect for December of the preceding year, but for the
rounding of such amount pursuant to the following sentence. Any
amount so adjusted that is not a multiple of $1 shall be rounded
to the next lowest multiple of $1, but in no case less than
$75.''.
(b) Effective Date.--The <<NOTE: Applicability. 42 USC 406
note.>> amendments made by this section shall apply with respect to fees
for representation of claimants which are first required to be certified
or paid under section 206 of the Social Security Act on or after the
first day of the first month that begins after 180 days after the date
of the enactment of this Act.
SEC. 302. TEMPORARY EXTENSION OF ATTORNEY FEE PAYMENT SYSTEM TO TITLE
XVI CLAIMS.
(a) In General.--Section 1631(d)(2) of the Social Security Act (42
U.S.C. 1383(d)(2)) is amended--
(1) in subparagraph (A), in the matter preceding clause
(i)--
(A) by striking ``section 206(a)'' and inserting
``section 206'';
(B) by striking ``(other than paragraph (4)
thereof)'' and inserting ``(other than subsections
(a)(4) and (d) thereof)''; and
(C) by striking ``paragraph (2) thereof'' and
inserting ``such section'';
(2) in subparagraph (A)(i)--
(A) by striking ``in subparagraphs (A)(ii)(I) and
(C)(i),'' and inserting ``in subparagraphs (A)(ii)(I)
and (D)(i) of subsection (a)(2)''; and
(B) by striking ``and'' at the end;
(3) by striking subparagraph (A)(ii) and inserting the
following:
``(ii) by substituting, in subsections (a)(2)(B) and
(b)(1)(B)(i), the phrase `paragraph (7)(A) or (8)(A) of section
1631(a) or the requirements of due process of law' for the
phrase `subsection (g) or (h) of section 223';
[[Page 118 STAT. 520]]
``(iii) by substituting, in subsection (a)(2)(C)(i), the
phrase `under title II' for the phrase `under title XVI';
``(iv) by substituting, in subsection (b)(1)(A), the phrase
`pay the amount of such fee' for the phrase `certify the amount
of such fee for payment' and by striking, in subsection
(b)(1)(A), the phrase `or certified for payment'; and
``(v) by substituting, in subsection (b)(1)(B)(ii), the
phrase `deemed to be such amounts as determined before any
applicable reduction under section 1631(g), and reduced by the
amount of any reduction in benefits under this title or title II
made pursuant to section 1127(a)' for the phrase `determined
before any applicable reduction under section 1127(a))'.''; and
(4) by redesignating subparagraph (B) as subparagraph (D)
and inserting after subparagraph (A) the following:
``(B) Subject to subparagraph (C), if the claimant is determined to
be entitled to past-due benefits under this title and the person
representing the claimant is an attorney, the Commissioner of Social
Security shall pay out of such past-due benefits to such attorney an
amount equal to the lesser of--
``(i) so much of the maximum fee as does not exceed 25
percent of such past-due benefits (as determined before any
applicable reduction under section 1631(g) and reduced by the
amount of any reduction in benefits under this title or title II
pursuant to section 1127(a)), or
``(ii) the amount of past-due benefits available after any
applicable reductions under sections 1631(g) and 1127(a).
``(C)(i) Whenever a fee for services is required to be paid to an
attorney from a claimant's past-due benefits pursuant to subparagraph
(B), the Commissioner shall impose on the attorney an assessment
calculated in accordance with clause (ii).
``(ii)(I) The amount of an assessment under clause (i) shall be
equal to the product obtained by multiplying the amount of the
representative's fee that would be required to be paid by subparagraph
(B) before the application of this subparagraph, by the percentage
specified in subclause (II), except that the maximum amount of the
assessment may not exceed $75. In the case of any calendar year
beginning after the amendments made by section 302 of the Social
Security Protection Act of 2003 take effect, the dollar amount specified
in the preceding sentence (including a previously adjusted amount) shall
be adjusted annually under the procedures used to adjust benefit amounts
under section 215(i)(2)(A)(ii), except such adjustment shall be based on
the higher of $75 or the previously adjusted amount that would have been
in effect for December of the preceding year, but for the rounding of
such amount pursuant to the following sentence. Any amount so adjusted
that is not a multiple of $1 shall be rounded to the next lowest
multiple of $1, but in no case less than $75.
``(II) The percentage specified in this subclause is such percentage
rate as the Commissioner determines is necessary in order to achieve
full recovery of the costs of determining and approving fees to
attorneys from the past-due benefits of claimants, but not in excess of
6.3 percent.
``(iii) The Commissioner may collect the assessment imposed on an
attorney under clause (i) by offset from the amount of the fee otherwise
required by subparagraph (B) to be paid to the attorney from a
claimant's past-due benefits.
[[Page 118 STAT. 521]]
``(iv) An attorney subject to an assessment under clause (i) may
not, directly or indirectly, request or otherwise obtain reimbursement
for such assessment from the claimant whose claim gave rise to the
assessment.
``(v) Assessments on attorneys collected under this subparagraph
shall be deposited as miscellaneous receipts in the general fund of the
Treasury.
``(vi) The assessments authorized under this subparagraph shall be
collected and available for obligation only to the extent and in the
amount provided in advance in appropriations Acts. Amounts so
appropriated are authorized to remain available until expended, for
administrative expenses in carrying out this title and related laws.''.
(b) Conforming Amendments.--Section 1631(a) of the Social Security
Act (42 U.S.C. 1383(a)) is amended--
(1) in paragraph (2)(F)(i)(II), by inserting ``and payment
of attorney fees under subsection (d)(2)(B)'' after ``subsection
(g)''; and
(2) in paragraph (10)(A)--
(A) in the matter preceding clause (i), by inserting
``and payment of attorney fees under subsection
(d)(2)(B)'' after ``subsection (g)''; and
(B) in the matter following clause (ii), by
inserting ``and payment of attorney fees under
subsection (d)(2)(B)'' after ``State''.
(c) Effective <<NOTE: 42 USC 1383 note.>> Date.--
(1) In general.--
The <<NOTE: Applicability. Notice.>> amendments made by this
section shall apply with respect to fees for representation of
claimants which are first required to be paid under section
1631(d)(2) of the Social Security Act on or after the date of
the submission by the Commissioner of Social Security to each
House of Congress pursuant to section 303(d) of this Act of
written notice of completion of full implementation of the
requirements for operation of the demonstration project under
section 303 of this Act.
(2) Sunset.--Such amendments shall not apply with respect to
fees for representation of claimants in the case of any claim
for benefits with respect to which the agreement for
representation is entered into after 5 years after the date
described in paragraph (1).
SEC. 303. <<NOTE: 42 USC 406 note.>> NATIONWIDE DEMONSTRATION PROJECT
PROVIDING FOR EXTENSION OF FEE WITHHOLDING PROCEDURES TO
NON-ATTORNEY REPRESENTATIVES.
(a) In General.--The Commissioner of Social Security (hereafter in
this section referred to as the ``Commissioner'') shall develop and
carry out a nationwide demonstration project under this section with
respect to agents and other persons, other than attorneys, who represent
claimants under titles II and XVI of the Social Security Act before the
Commissioner. The demonstration project shall be designed to determine
the potential results of extending to such representatives the fee
withholding procedures and assessment procedures that apply under
sections 206 and section 1631(d)(2) of such Act to attorneys seeking
direct payment out of past due benefits under such titles and shall
include an analysis of the effect of such extension on claimants and
program administration.
[[Page 118 STAT. 522]]
(b) Standards for Inclusion in Demonstration Project.--Fee-
withholding procedures may be extended under the demonstration project
carried out pursuant to subsection (a) to any non-attorney
representative only if such representative meets at least the following
prerequisites:
(1) The representative has been awarded a bachelor's degree
from an accredited institution of higher education, or has been
determined by the Commissioner to have equivalent qualifications
derived from training and work experience.
(2) The representative has passed an examination, written
and administered by the Commissioner, which tests knowledge of
the relevant provisions of the Social Security Act and the most
recent developments in agency and court decisions affecting
titles II and XVI of such Act.
(3) The representative has secured professional liability
insurance, or equivalent insurance, which the Commissioner has
determined to be adequate to protect claimants in the event of
malpractice by the representative.
(4) The representative has undergone a criminal background
check to ensure the representative's fitness to practice before
the Commissioner.
(5) The representative demonstrates ongoing completion of
qualified courses of continuing education, including education
regarding ethics and professional conduct, which are designed to
enhance professional knowledge in matters related to entitlement
to, or eligibility for, benefits based on disability under
titles II and XVI of such Act. Such continuing education, and
the instructors providing such education, shall meet such
standards as the Commissioner may prescribe.
(c) Assessment of Fees.--
(1) In general.--The Commissioner may assess representatives
reasonable fees to cover the cost to the Social Security
Administration of administering the prerequisites described in
subsection (b).
(2) Disposition of fees.--Fees collected under paragraph (1)
shall be credited to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, or
deposited as miscellaneous receipts in the general fund of the
Treasury, based on such allocations as the Commissioner of
Social Security determines appropriate.
(3) Authorization of appropriations.--The fees authorized
under this subparagraph shall be collected and available for
obligation only to the extent and in the amount provided in
advance in appropriations Acts. Amounts so appropriated are
authorized to remain available until expended for administering
the prerequisites described in subsection (b).
(d) Notice <<NOTE: Deadline.>> to Congress and Applicability of Fee
Withholding Procedures.--Not later than 1 year after the date of
enactment of this Act, the Commissioner shall complete such actions as
are necessary to fully implement the requirements for full operation of
the demonstration project and shall submit to each House of Congress a
written notice of the completion of such actions. The applicability
under this section to non-attorney representatives of the fee
withholding procedures and assessment procedures under sections 206 and
1631(d)(2) of the Social Security Act shall be effective with respect to
fees for representation of claimants in the case of claims for benefits
with respect to which the agreement
[[Page 118 STAT. 523]]
for representation is entered into by such non-attorney representatives
during the period beginning with the date of the submission of such
notice by the Commissioner to Congress and ending with the termination
date of the demonstration project.
(e) Reports <<NOTE: Deadlines.>> by the Commissioner; Termination.--
(1) Interim reports.--On or before the date which is 1 year
after the date of enactment of this Act, and annually
thereafter, the Commissioner shall transmit to the Committee on
Ways and Means of the House of Representatives and to the
Committee on Finance of the Senate an annual interim report on
the progress of the demonstration project carried out under this
section, together with any related data and materials that the
Commissioner may consider appropriate.
(2) Termination date and final report.--The termination date
of the demonstration project under this section is the date
which is 5 years after the date of the submission of the notice
by the Commissioner to each House of Congress pursuant to
subsection (d). The authority under the preceding provisions of
this section shall not apply in the case of claims for benefits
with respect to which the agreement for representation is
entered into after the termination date. Not later than 90 days
after the termination date, the Commissioner shall submit to the
Committee on Ways and Means of the House of Representatives and
to the Committee on Finance of the Senate a final report with
respect to the demonstration project.
SEC. 304. <<NOTE: 42 USC 406 note.>> GAO STUDY REGARDING THE FEE PAYMENT
PROCESS FOR CLAIMANT REPRESENTATIVES.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall study and evaluate the appointment and payment of
claimant representatives appearing before the Commissioner of
Social Security in connection with benefit claims under titles
II and XVI of the Social Security Act (42 U.S.C. 401 et seq.,
1381 et seq.) in each of the following groups:
(A) Attorney claimant representatives who elect fee
withholding under section 206 or 1631(d)(2) of such Act.
(B) Attorney claimant representatives who do not
elect such fee withholding.
(C) Non-attorney claimant representatives who are
eligible for, and elect, such fee withholding.
(D) Non-attorney claimant representatives who are
eligible for, but do not elect, such fee withholding.
(E) Non-attorney claimant representatives who are
not eligible for such fee withholding.
(2) Matters to be studied.--In conducting the study under
this subsection, the Comptroller General shall, for each of
group of claimant representatives described in paragraph (1)--
(A) conduct a survey of the relevant characteristics
of such claimant representatives including--
(i) qualifications and experience;
(ii) the type of employment of such claimant
representatives, such as with an advocacy group,
State or local government, or insurance or other
company;
(iii) geographical distribution between urban
and rural areas;
[[Page 118 STAT. 524]]
(iv) the nature of claimants' cases, such as
whether the cases are for disability insurance
benefits only, supplemental security income
benefits only, or concurrent benefits;
(v) the relationship of such claimant
representatives to claimants, such as whether the
claimant is a friend, family member, or client of
the claimant representative; and
(vi) the amount of compensation (if any) paid
to the claimant representatives and the method of
payment of such compensation;
(B) assess the quality and effectiveness of the
services provided by such claimant representatives,
including a comparison of claimant satisfaction or
complaints and benefit outcomes, adjusted for
differences in claimant representatives' caseload,
claimants' diagnostic group, level of decision, and
other relevant factors;
(C) assess the interactions between fee withholding
under sections 206 and 1631(d)(2) of such Act (including
under the amendments made by section 302 of this Act and
under the demonstration project conducted under section
303 of this Act), the windfall offset under section 1127
of such Act, and interim assistance reimbursements under
section 1631(g) of such Act;
(D) assess the potential results of making permanent
the fee withholding procedures under sections 206 and
1631(d)(2) of such Act under the amendments made by
section 302 of this Act and under the demonstration
project conducted under section 303 of this Act with
respect to program administration and claimant outcomes,
and assess whether the rules and procedures employed by
the Commissioner of Social Security to evaluate the
qualifications and performance of claimant
representatives should be revised prior to making such
procedures permanent; and
(E) make such recommendations for administrative and
legislative changes as the Comptroller General of the
United States considers necessary or appropriate.
(3) Consultation required.--The Comptroller General of the
United States shall consult with beneficiaries under title II of
such Act, beneficiaries under title XVI of such Act, claimant
representatives of beneficiaries under such titles, and other
interested parties, in conducting the study and evaluation
required under paragraph (1).
(b) Report.--Not <<NOTE: Deadline.>> later than 3 years after the
date of the submission by the Commissioner of Social Security to each
House of Congress pursuant to section 303(d) of this Act of written
notice of completion of full implementation of the requirements for
operation of the demonstration project under section 303 of this Act,
the Comptroller General of the United States shall submit to the
Committee on Ways and Means of the House of Representatives and the
Committee on Finance of the Senate a report on the results of the study
and evaluation conducted pursuant to subsection (a).
[[Page 118 STAT. 525]]
TITLE IV--MISCELLANEOUS AND TECHNICAL AMENDMENTS
Subtitle A--Amendments Relating to the Ticket to Work and Work
Incentives Improvement Act of 1999
SEC. 401. APPLICATION OF DEMONSTRATION AUTHORITY SUNSET DATE TO NEW
PROJECTS.
Section 234 of the Social Security Act (42 U.S.C. 434) is amended--
(1) in the first sentence of subsection (c), by striking
``conducted under subsection (a)'' and inserting ``initiated
under subsection (a) on or before December 17, 2005''; and
(2) in subsection (d)(2), by striking the first sentence and
inserting the following: ``The authority to initiate projects
under the preceding provisions of this section shall terminate
on December 18, 2005.''.
SEC. 402. EXPANSION OF WAIVER AUTHORITY AVAILABLE IN CONNECTION WITH
DEMONSTRATION PROJECTS PROVIDING FOR REDUCTIONS IN
DISABILITY INSURANCE BENEFITS BASED ON EARNINGS.
Section 302(c) of the Ticket to Work and Work Incentives Improvement
Act of 1999 (42 U.S.C. 434 note) is amended by striking ``(42 U.S.C. 401
et seq.),'' and inserting ``(42 U.S.C. 401 et seq.) and the requirements
of section 1148 of such Act (42 U.S.C. 1320b-19) as they relate to the
program established under title II of such Act,''.
SEC. 403. FUNDING OF DEMONSTRATION PROJECTS PROVIDING FOR REDUCTIONS IN
DISABILITY INSURANCE BENEFITS BASED ON EARNINGS.
Section 302(f) of the Ticket to Work and Work Incentives Improvement
Act of 1999 (42 U.S.C. 434 note) is amended to read as follows:
``(f) Expenditures.--Administrative expenses for demonstration
projects under this section shall be paid from funds available for the
administration of title II or XVIII of the Social Security Act, as
appropriate. Benefits payable to or on behalf of individuals by reason
of participation in projects under this section shall be made from the
Federal Disability Insurance Trust Fund and the Federal Old-Age and
Survivors Insurance Trust Fund, as determined appropriate by the
Commissioner of Social Security, and from the Federal Hospital Insurance
Trust Fund and the Federal Supplementary Medical Insurance Trust Fund,
as determined appropriate by the Secretary of Health and Human Services,
from funds available for benefits under such title II or XVIII.''.
SEC. 404. AVAILABILITY OF FEDERAL AND STATE WORK INCENTIVE SERVICES TO
ADDITIONAL INDIVIDUALS.
(a) Federal Work Incentives Outreach Program.--
(1) In general.--Section 1149(c)(2) of the Social Security
Act (42 U.S.C. 1320b-20(c)(2)) is amended to read as follows:
[[Page 118 STAT. 526]]
``(2) Disabled beneficiary.--The term `disabled beneficiary'
means an individual--
``(A) who is a disabled beneficiary as defined in
section 1148(k)(2) of this Act;
``(B) who is receiving a cash payment described in
section 1616(a) of this Act or a supplementary payment
described in section 212(a)(3) of Public Law 93-66
(without regard to whether such payment is paid by the
Commissioner pursuant to an agreement under section
1616(a) of this Act or under section 212(b) of Public
Law 93-66);
``(C) who, pursuant to section 1619(b) of this Act,
is considered to be receiving benefits under title XVI
of this Act; or
``(D) who is entitled to benefits under part A of
title XVIII of this Act by reason of the penultimate
sentence of section 226(b) of this Act.''.
(2) Effective date.--The <<NOTE: Applicability. 42
USC 1320b-20 note.>> amendment made by this subsection shall
apply with respect to grants, cooperative agreements, or
contracts entered into on or after the date of the enactment of
this Act.
(b) State Grants for Work Incentives Assistance.--
(1) Definition of disabled beneficiary.--Section 1150(g)(2)
of such Act (42 U.S.C. 1320b-21(g)(2)) is amended to read as
follows:
``(2) Disabled beneficiary.--The term `disabled beneficiary'
means an individual--
``(A) who is a disabled beneficiary as defined in
section 1148(k)(2) of this Act;
``(B) who is receiving a cash payment described in
section 1616(a) of this Act or a supplementary payment
described in section 212(a)(3) of Public Law 93-66
(without regard to whether such payment is paid by the
Commissioner pursuant to an agreement under section
1616(a) of this Act or under section 212(b) of Public
Law 93-66);
``(C) who, pursuant to section 1619(b) of this Act,
is considered to be receiving benefits under title XVI
of this Act; or
``(D) who is entitled to benefits under part A of
title XVIII of this Act by reason of the penultimate
sentence of section 226(b) of this Act.''.
(2) Advocacy or other services needed to maintain gainful
employment.--Section 1150(b)(2) of such Act (42 U.S.C. 1320b-
21(b)(2)) is amended by striking ``secure or regain'' and
inserting ``secure, maintain, or regain''.
(3) Effective date.--The <<NOTE: Applicability. 42
USC 1320b-21 note.>> amendments made by this subsection shall
apply with respect to payments provided after the date of the
enactment of this Act.
SEC. 405. TECHNICAL AMENDMENT CLARIFYING TREATMENT FOR CERTAIN PURPOSES
OF INDIVIDUAL WORK PLANS UNDER THE TICKET TO WORK AND SELF-
SUFFICIENCY PROGRAM.
(a) In General.--Section 1148(g)(1) of the Social Security Act (42
U.S.C. 1320b-19(g)(1)) is amended by adding at the end, after and below
subparagraph (E), the following:
[[Page 118 STAT. 527]]
``An individual work plan established pursuant to this
subsection shall be treated, for purposes of section
51(d)(6)(B)(i) of the Internal Revenue Code of 1986, as an
individualized written plan for employment under a State plan
for vocational rehabilitation services approved under the
Rehabilitation Act of 1973.''.
(b) Effective Date.--The <<NOTE: 42 USC 1320b-19 note.>> amendment
made by subsection (a) shall take effect as if included in section 505
of the Ticket to Work and Work Incentives Improvement Act of 1999
(Public Law 106-170; 113 Stat. 1921).
SEC. 406. <<NOTE: 42 USC 1320b-19 note.>> GAO STUDY REGARDING THE TICKET
TO WORK AND SELF-SUFFICIENCY PROGRAM.
(a) GAO Report.--Not <<NOTE: Deadline.>> later than 12 months after
the date of enactment of this Act, the Comptroller General of the United
States shall submit a report to Congress regarding the Ticket to Work
and Self-Sufficiency Program established under section 1148 of the
Social Security Act (42 U.S.C. 1320b-19) that--
(1) examines the annual and interim reports issued by
States, the Ticket to Work and Work Incentives Advisory Panel
established under section 101(f) of the Ticket to Work and Work
Incentives Improvement Act of 1999 (42 U.S.C. 1320b-19 note),
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. REAUTHORIZATION OF APPROPRIATIONS FOR CERTAIN WORK INCENTIVES
PROGRAMS.
(a) Benefits Planning, Assistance, and Outreach.--Section 1149(d) of
the Social Security Act (42 U.S.C. 1320b-20(d)) is amended by striking
``2004'' and inserting ``2009''.
(b) Protection and Advocacy.--Section 1150(h) of the Social Security
Act (42 U.S.C. 1320b-21(h)) is amended by striking ``2004'' and
inserting ``2009''.
Subtitle B--Miscellaneous Amendments
SEC. 411. ELIMINATION OF TRANSCRIPT REQUIREMENT IN REMAND CASES FULLY
FAVORABLE TO THE CLAIMANT.
(a) In General.--Section 205(g) of the Social Security Act (42
U.S.C. 405(g)) is amended in the sixth sentence by striking ``and a
transcript'' and inserting ``and, in any case in which the Commissioner
has not made a decision fully favorable to the individual, a
transcript''.
(b) Effective Date.--The <<NOTE: Applicability. 42 USC 405
note.>> amendment made by this section shall apply with respect to final
determinations issued (upon remand) on or after the date of the
enactment of this Act.
SEC. 412. NONPAYMENT OF BENEFITS UPON REMOVAL FROM THE UNITED STATES.
(a) In General.--Section 202(n) of the Social Security Act (42
U.S.C. 402(n)) is amended--
[[Page 118 STAT. 528]]
(1) in paragraph (1), by striking ``section 241(a) (other
than under paragraph (1)(C) or (1)(E) thereof) of the
Immigration and Nationality Act'' and inserting ``section 237(a)
of the Immigration and Nationality Act (other than under
paragraph (1)(C) of such section) or under section 212(a)(6)(A)
of such Act'';
(2) in paragraph (2), by striking ``section 241(a) of the
Immigration and Nationality Act (other than under paragraph
(1)(C) or (1)(E) thereof)'' and inserting ``section 237(a) of
the Immigration and Nationality Act (other than under paragraph
(1)(C) of such section) or under section 212(a)(6)(A) of such
Act'';
(3) in paragraph (3), by striking ``paragraph (19) of
section 241(a) of the Immigration and Nationality Act (relating
to persecution of others on account of race, religion, national
origin, or political opinion, under the direction of or in
association with the Nazi government of Germany or its allies)
shall be considered to have been deported under such paragraph
(19)'' and inserting ``paragraph (4)(D) of section 241(a) of the
Immigration and Nationality Act (relating to participating in
Nazi persecutions or genocide) shall be considered to have been
deported under such paragraph (4)(D)''; and
(4) in paragraph (3) (as amended by paragraph (3) of this
subsection), by striking ``241(a)'' and inserting ``237(a)''.
(b) Technical Corrections.--
(1) Terminology regarding removal from the united states.--
Section 202(n) of the Social Security Act (42 U.S.C. 402(n)) (as
amended by subsection (a)) is amended further--
(A) by striking ``deportation'' each place it
appears and inserting ``removal'';
(B) by striking ``deported'' each place it appears
and inserting ``removed''; and
(C) in the heading, by striking ``Deportation'' and
inserting ``Removal''.
(2) References to the secretary of homeland security.--
Section 202(n) of the Social Security Act (42 U.S.C. 402(n)) (as
amended by subsection (a) and paragraph (1)) is amended further
by inserting ``or the Secretary of Homeland Security'' after
``the Attorney General'' each place it appears.
(c) Effective <<NOTE: 42 USC 402 note.>> Dates.--
(1) In general.--The <<NOTE: Applicability.>> amendment made
by--
(A) subsection (a)(1) shall apply to individuals
with respect to whom the Commissioner of Social Security
receives a removal notice after the date of the
enactment of this Act;
(B) subsection (a)(2) shall apply with respect to
notifications of removals received by the Commissioner
of Social Security after the date of enactment of this
Act; and
(C) subsection (a)(3) shall be effective as if
enacted on March 1, 1991.
(2) Subsequent correction of cross-reference and
terminology.--The amendments made by subsections (a)(4) and
(b)(1) shall be effective as if enacted on April 1, 1997.
(3) References to the secretary of homeland security.--The
amendment made by subsection (b)(2) shall be effective as if
enacted on March 1, 2003.
[[Page 118 STAT. 529]]
SEC. 413. <<NOTE: 31 USC 1113 note.>> REINSTATEMENT OF CERTAIN REPORTING
REQUIREMENTS.
Section 3003(a)(1) of the Federal Reports Elimination and Sunset Act
of 1995 (31 U.S.C. 1113 note) shall not apply to any report required to
be submitted under any of the following provisions of law:
(1)(A) Section 201(c)(2) of the Social Security Act (42
U.S.C. 401(c)(2)).
(B) Section 1817(b)(2) of the Social Security Act (42 U.S.C.
1395i(b)(2)).
(C) Section 1841(b)(2) of the Social Security Act (42 U.S.C.
1395t(b)(2)).
(2)(A) Section 221(c)(3)(C) of the Social Security Act (42
U.S.C. 421(c)(3)(C)).
(B) Section 221(i)(3) of the Social Security Act (42 U.S.C.
421(i)(3)).
SEC. 414. CLARIFICATION OF DEFINITIONS REGARDING CERTAIN SURVIVOR
BENEFITS.
(a) Widows.--Section 216(c) of the Social Security Act (42 U.S.C.
416(c)) is amended--
(1) by redesignating subclauses (A) through (C) of clause
(6) as subclauses (i) through (iii), respectively;
(2) by redesignating clauses (1) through (6) as clauses (A)
through (F), respectively;
(3) in clause (E) (as redesignated), by inserting ``except
as provided in paragraph (2),'' before ``she was married'';
(4) by inserting ``(1)'' after ``(c)''; and
(5) by adding at the end the following:
``(2) The requirements of paragraph (1)(E) in connection with the
surviving wife of an individual shall be treated as satisfied if--
``(A) the individual had been married prior to the
individual's marriage to the surviving wife,
``(B) the prior wife was institutionalized during the
individual's marriage to the prior wife due to mental
incompetence or similar incapacity,
``(C) during the period of the prior wife's
institutionalization, the individual would have divorced the
prior wife and married the surviving wife, but the individual
did not do so because such divorce would have been unlawful, by
reason of the prior wife's institutionalization, under the laws
of the State in which the individual was domiciled at the time
(as determined based on evidence satisfactory to the
Commissioner of Social Security),
``(D) the prior wife continued to remain institutionalized
up to the time of her death, and
``(E) the individual married the surviving wife within 60
days after the prior wife's death.''.
(b) Widowers.--Section 216(g) of such Act (42 U.S.C. 416(g)) is
amended--
(1) by redesignating subclauses (A) through (C) of clause
(6) as subclauses (i) through (iii), respectively;
(2) by redesignating clauses (1) through (6) as clauses (A)
through (F), respectively;
(3) in clause (E) (as redesignated), by inserting ``except
as provided in paragraph (2),'' before ``he was married'';
(4) by inserting ``(1)'' after ``(g)''; and
[[Page 118 STAT. 530]]
(5) by adding at the end the following:
``(2) The requirements of paragraph (1)(E) in connection with the
surviving husband of an individual shall be treated as satisfied if--
``(A) the individual had been married prior to the
individual's marriage to the surviving husband,
``(B) the prior husband was institutionalized during the
individual's marriage to the prior husband due to mental
incompetence or similar incapacity,
``(C) during the period of the prior husband's
institutionalization, the individual would have divorced the
prior husband and married the surviving husband, but the
individual did not do so because such divorce would have been
unlawful, by reason of the prior husband's institutionalization,
under the laws of the State in which the individual was
domiciled at the time (as determined based on evidence
satisfactory to the Commissioner of Social Security),
``(D) the prior husband continued to remain
institutionalized up to the time of his death, and
``(E) the individual married the surviving husband within 60
days after the prior husband's death.''.
(c) Conforming Amendment.--Section 216(k) of such Act (42 U.S.C.
416(k)) is amended by striking ``clause (5) of subsection (c) or clause
(5) of subsection (g)'' and inserting ``clause (E) of subsection (c)(1)
or clause (E) of subsection (g)(1)''.
(d) Effective Date.--The <<NOTE: 42 USC 416 note.>> amendments made
by this section shall be effective with respect to applications for
benefits under title II of the Social Security Act filed during months
ending after the date of the enactment of this Act.
SEC. 415. CLARIFICATION RESPECTING THE FICA AND SECA TAX EXEMPTIONS FOR
AN INDIVIDUAL WHOSE EARNINGS ARE SUBJECT TO THE LAWS OF A
TOTALIZATION AGREEMENT PARTNER.
Sections 1401(c), 3101(c), and 3111(c) of the Internal Revenue Code
of 1986 <<NOTE: 26 USC 1401, 3101, and 3111.>> are each amended by
striking ``to taxes or contributions for similar purposes under'' and
inserting ``exclusively to the laws applicable to''.
SEC. 416. COVERAGE UNDER DIVIDED RETIREMENT SYSTEM FOR PUBLIC EMPLOYEES
IN KENTUCKY AND LOUISIANA.
(a) In General.--Section 218(d)(6)(C) of the Social Security Act (42
U.S.C. 418(d)(6)(C)) is amended by inserting ``Kentucky, Louisiana,''
after ``Illinois,''.
(b) Effective Date.--The <<NOTE: 42 USC 418 note.>> amendment made
by subsection (a) takes effect on January 1, 2003.
SEC. 417. COMPENSATION FOR THE SOCIAL SECURITY ADVISORY BOARD.
(a) In General.--Subsection (f) of section 703 of the Social
Security Act (42 U.S.C. 903(f)) is amended to read as follows:
``Compensation, Expenses, and Per Diem
``(f) A member of the Board shall, for each day (including
traveltime) during which the member is attending meetings or conferences
of the Board or otherwise engaged in the business of the Board, be
compensated at the daily rate of basic pay for
[[Page 118 STAT. 531]]
level IV of the Executive Schedule. While serving on business of the
Board away from their homes or regular places of business, members may
be allowed travel expenses, including per diem in lieu of subsistence,
as authorized by section 5703 of title 5, United States Code, for
persons in the Government employed intermittently.''.
(b) Effective Date.--The <<NOTE: 42 USC 903 note.>> amendment made
by this section shall be effective as of January 1, 2003.
SEC. 418. SIXTY-MONTH PERIOD OF EMPLOYMENT REQUIREMENT FOR APPLICATION
OF GOVERNMENT PENSION OFFSET EXEMPTION.
(a) In General.--Section 202(k) of the Social Security Act (42
U.S.C. 402(k)) is amended by adding at the end the following:
``(5)(A) The amount of a monthly insurance benefit of any individual
for each month under subsection (b), (c), (e), (f), or (g) (as
determined after application of the provisions of subsection (q) and the
preceding provisions of this subsection) shall be reduced (but not below
zero) by an amount equal to two-thirds of the amount of any monthly
periodic benefit payable to such individual for such month which is
based upon such individual's earnings while in the service of the
Federal Government or any State (or political subdivision thereof, as
defined in section 218(b)(2)) if, during any portion of the last 60
months of such service ending with the last day such individual was
employed by such entity--
``(i) such service did not constitute `employment' as
defined in section 210, or
``(ii) such service was being performed while in the service
of the Federal Government, and constituted `employment' as so
defined solely by reason of--
``(I) clause (ii) or (iii) of subparagraph (G) of
section 210(a)(5), where the lump-sum payment described
in such clause (ii) or the cessation of coverage
described in such clause (iii) (whichever is applicable)
was received or occurred on or after January 1, 1988, or
``(II) an election to become subject to the Federal
Employees' Retirement System provided in chapter 84 of
title 5, United States Code, or the Foreign Service
Pension System provided in subchapter II of chapter 8 of
title I of the Foreign Service Act of 1980 made pursuant
to law after December 31, 1987,
unless subparagraph (B) applies.
The amount of the reduction in any benefit under this subparagraph, if
not a multiple of $0.10, shall be rounded to the next higher multiple of
$0.10.
``(B)(i) Subparagraph (A)(i) shall not apply with respect to monthly
periodic benefits based wholly on service as a member of a uniformed
service (as defined in section 210(m)).
``(ii) Subparagraph (A)(ii) shall not apply with respect to monthly
periodic benefits based in whole or in part on service which constituted
`employment' as defined in section 210 if such service was performed for
at least 60 months in the aggregate during the period beginning January
1, 1988, and ending with the close of the first calendar month as of the
end of which such individual is eligible for benefits under this
subsection and has made a valid application for such benefits.
[[Page 118 STAT. 532]]
``(C) For purposes of this paragraph, any periodic benefit which
otherwise meets the requirements of subparagraph (A), but which is paid
on other than a monthly basis, shall be allocated on a basis equivalent
to a monthly benefit (as determined by the Commissioner of Social
Security) and such equivalent monthly benefit shall constitute a monthly
periodic benefit for purposes of subparagraph (A). For purposes of this
subparagraph, the term `periodic benefit' includes a benefit payable in
a lump sum if it is a commutation of, or a substitute for, periodic
payments.''.
(b) Conforming Amendments.--
(1) Wife's insurance benefits.--Section 202(b) of the Social
Security Act (42 U.S.C. 402(b)) is amended--
(A) in paragraph (2), by striking ``subsection (q)
and paragraph (4) of this subsection'' and inserting
``subsections (k)(5) and (q)''; and
(B) by striking paragraph (4) and redesignating
paragraph (5) as paragraph (4).
(2) Husband's insurance benefits.--Section 202(c) of the
Social Security Act (42 U.S.C. 402(c)) is amended--
(A) by striking paragraph (2) and redesignating
paragraphs (3) through (5) as paragraphs (2) through
(4), respectively; and
(B) in paragraph (2) as so redesignated, by striking
``subsection (q) and paragraph (2) of this subsection''
and inserting ``subsections (k)(5) and (q)''.
(3) Widow's insurance benefits.--Section 202(e) of the
Social Security Act (42 U.S.C. 402(e)) is amended--
(A) in paragraph (2)(A), by striking ``subsection
(q), paragraph (7) of this subsection,'' and inserting
``subsection (k)(5), subsection (q),''; and
(B) by striking paragraph (7) and redesignating
paragraphs (8) and (9) as paragraphs (7) and (8),
respectively.
(4) Widower's insurance benefits.--
(A) In general.--Section 202(f) of the Social
Security Act (42 U.S.C. 402(f)) is amended--
(i) by striking paragraph (2) and
redesignating paragraphs (3) through (9) as
paragraphs (2) through (8), respectively; and
(ii) in paragraph (2) as so redesignated, by
striking ``subsection (q), paragraph (2) of this
subsection,'' and inserting ``subsection (k)(5),
subsection (q),''.
(B) Conforming amendments.--
(i) Section 202(f)(1)(B) of the Social
Security Act (42 U.S.C. 402(f)(1)(B)) is amended
by striking ``paragraph (5)'' and inserting
``paragraph (4)''.
(ii) Section 202(f)(1)(F) of the Social
Security Act (42 U.S.C. 402(f)(1)(F)) is amended
by striking ``paragraph (6)'' and ``paragraph
(5)'' (in clauses (i) and (ii)) and inserting
``paragraph (5)'' and ``paragraph (4)'',
respectively.
(iii) Section 202(f)(5)(A)(ii) of the Social
Security Act (as redesignated by subparagraph
(A)(i)) is amended by striking ``paragraph (5)''
and inserting ``paragraph (4)''.
(iv) Section 202(k)(2)(B) of the Social
Security Act (42 U.S.C. 402(k)(2)(B)) is amended
by striking ``or (f)(4)'' each place it appears
and inserting ``or (f)(3)''.
[[Page 118 STAT. 533]]
(v) Section 202(k)(3)(A) of the Social
Security Act (42 U.S.C. 402(k)(3)(A)) is amended
by striking ``or (f)(3)'' and inserting ``or
(f)(2)''.
(vi) Section 202(k)(3)(B) of the Social
Security Act (42 U.S.C. 402(k)(3)(B)) is amended
by striking ``or (f)(4)'' and inserting ``or
(f)(3)''.
(vii) Section 226(e)(1)(A)(i) of the Social
Security Act (42 U.S.C. 426(e)(1)(A)(i)) is
amended by striking ``and 202(f)(5)'' and
inserting ``and 202(f)(4)''.
(5) Mother's and father's insurance benefits.--Section
202(g) of the Social Security Act (42 U.S.C. 402(g)) is
amended--
(A) in paragraph (2), by striking ``Except as
provided in paragraph (4) of this subsection, such'' and
inserting ``Such''; and
(B) by striking paragraph (4).
(c) Effective <<NOTE: 42 USC 402 note.>> Date and Transitional
Rule.--
(1) In general.--The <<NOTE: Applicability.>> amendments
made by this section shall apply with respect to applications
for benefits under title II of the Social Security Act filed on
or after the first day of the first month that begins after the
date of enactment of this Act, except that such amendments shall
not apply in connection with monthly periodic benefits of any
individual based on earnings while in service described in
section 202(k)(5)(A) of the Social Security Act (in the matter
preceding clause (i) thereof) if the last day of such service
occurs before July 1, 2004.
(2) Transitional rule.--In the case of any individual whose
last day of service described in subparagraph (A) of section
202(k)(5) of the Social Security Act (as added by subsection (a)
of this section) occurs within 5 years after the date of
enactment of this Act--
(A) the 60-month period described in such
subparagraph (A) shall be reduced (but not to less than
1 month) by the number of months of such service (in the
aggregate and without regard to whether such months of
service were continuous) which--
(i) were performed by the individual under the
same retirement system on or before the date of
enactment of this Act, and
(ii) constituted ``employment'' as defined in
section 210 of the Social Security Act; and
(B) months of service necessary to fulfill the 60-
month period as reduced by subparagraph (A) of this
paragraph must be performed after the date of enactment
of this Act.
SEC. 419. DISCLOSURE TO WORKERS OF EFFECT OF WINDFALL ELIMINATION
PROVISION AND GOVERNMENT PENSION OFFSET PROVISION.
(a) Inclusion of Noncovered Employees as Eligible Individuals
Entitled to Social Security Account Statements.--Section 1143(a)(3) of
the Social Security Act (42 U.S.C. 1320b-13(a)(3)) is amended--
(1) by striking ``who'' after ``an individual'' and
inserting ``who'' before ``has'' in each of subparagraphs (A)
and (B);
(2) by inserting ``(i) who'' after ``(C)''; and
[[Page 118 STAT. 534]]
(3) by inserting before the period the following: ``, or
(ii) with respect to whom the Commissioner has information that
the pattern of wages or self-employment income indicate a
likelihood of noncovered employment''.
(b) Explanation in Social Security Account Statements of Possible
Effects of Periodic Benefits Under State and Local Retirement Systems on
Social Security Benefits.--Section 1143(a)(2) of the Social Security Act
(42 U.S.C. 1320b-13(a)(2)) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period and
inserting ``; and''; and
(3) by adding at the end the following:
``(E) in the case of an eligible individual described in
paragraph (3)(C)(ii), an explanation, in language calculated to
be understood by the average eligible individual, of the
operation of the provisions under sections 202(k)(5) and
215(a)(7) and an explanation of the maximum potential effects of
such provisions on the eligible individual's monthly retirement,
survivor, and auxiliary benefits.''.
(c) Truth in Retirement Disclosure to Governmental Employees of
Effect of Noncovered Employment on Benefits Under Title II.--Section
1143 of the Social Security Act (42 U.S.C. 1320b-13) is amended further
by adding at the end the following:
``Disclosure to Governmental Employees of Effect of Noncovered
Employment
``(d)(1) In the case of any individual commencing employment on or
after January 1, 2005, in any agency or instrumentality of any State (or
political subdivision thereof, as defined in section 218(b)(2)) in a
position in which service performed by the individual does not
constitute `employment' as defined in section 210, the head of the
agency or instrumentality shall ensure that, prior to the date of the
commencement of the individual's employment in the position, the
individual is provided a written notice setting forth an explanation, in
language calculated to be understood by the average individual, of the
maximum effect on computations of primary insurance amounts (under
section 215(a)(7)) and the effect on benefit amounts (under section
202(k)(5)) of monthly periodic payments or benefits payable based on
earnings derived in such service. Such notice shall be in a form which
shall be prescribed by the Commissioner of Social Security.
``(2) The written notice provided to an individual pursuant to
paragraph (1) shall include a form which, upon completion and signature
by the individual, would constitute certification by the individual of
receipt of the notice. The agency or instrumentality providing the
notice to the individual shall require that the form be completed and
signed by the individual and submitted to the agency or instrumentality
and to the pension, annuity, retirement, or similar fund or system
established by the governmental entity involved responsible for paying
the monthly periodic payments or benefits, before commencement of
service with the agency or instrumentality.''.
(d) Effective Dates.--The <<NOTE: Applicability. 42 USC 1320b-13
note.>> amendments made by subsections (a) and (b) of this section shall
apply with respect to social security account statements issued on or
after January 1, 2007.
[[Page 118 STAT. 535]]
SEC. 420. POST-1956 MILITARY WAGE CREDITS.
(a) Payment to the Social Security Trust Funds in Satisfaction of
Outstanding Obligations.--Section 201 of the Social Security Act (42
U.S.C. 401) is amended by adding at the end the following:
``(n) <<NOTE: Deadline.>> Not later than July 1, 2004, the Secretary
of the Treasury shall transfer, from amounts in the general fund of the
Treasury that are not otherwise appropriated--
``(1) $624,971,854 to the Federal Old-Age and Survivors
Insurance Trust Fund;
``(2) $105,379,671 to the Federal Disability Insurance Trust
Fund; and
``(3) $173,306,134 to the Federal Hospital Insurance Trust
Fund.
Amounts transferred in accordance with this subsection shall be in
satisfaction of certain outstanding obligations for deemed wage credits
for 2000 and 2001.''.
(b) Conforming Amendments.--
(1) Repeal of authority for annual appropriations and
related adjustments to compensate the social security trust fund
for military wage credits.--Section 229 of the Social Security
Act (42 U.S.C. 429) is amended--
(A) by striking ``(a)''; and
(B) by striking subsection (b).
(2) Amendment to reflect the termination of wage credits
effective after calendar year 2001 by section 8134 of public law
107-117.--Section 229(a)(2) of the Social Security Act (42
U.S.C. 429(a)(2)), as amended by paragraph (1), is amended by
inserting ``and before 2002'' after ``1977''.
SEC. 420A. ELIMINATION OF DISINCENTIVE TO RETURN-TO-WORK FOR CHILDHOOD
DISABILITY BENEFICIARIES.
(a) In General.--Section 202(d)(6)(B) of the Social Security Act (42
U.S.C. 402(d)(6)(B)) is amended--
(1) by inserting ``(i)'' after ``began''; and
(2) by adding after ``such disability,'' the following: ``or
(ii) after the close of the 84th month following the month in
which his most recent entitlement to child's insurance benefits
terminated because he ceased to be under such disability due to
performance of substantial gainful activity,''.
(b) Effective Date.--The <<NOTE: 42 USC 402 note.>> amendments made
by subsection (a) shall be effective with respect to benefits payable
for months beginning with the 7th month that begins after the date of
enactment of this Act.
Subtitle C--Technical Amendments
SEC. 421. TECHNICAL CORRECTION RELATING TO RESPONSIBLE AGENCY HEAD.
Section 1143 of the Social Security Act (42 U.S.C. 1320b-13) is
amended--
(1) by striking ``Secretary'' the first place it appears and
inserting ``Commissioner of Social Security''; and
(2) by striking ``Secretary'' each subsequent place it
appears and inserting ``Commissioner''.
[[Page 118 STAT. 536]]
SEC. 422. TECHNICAL CORRECTION RELATING TO RETIREMENT BENEFITS OF
MINISTERS.
(a) In General.--Section 211(a)(7) of the Social Security Act (42
U.S.C. 411(a)(7)) is amended by inserting ``, but shall not include in
any such net earnings from self-employment the rental value of any
parsonage or any parsonage allowance (whether or not excluded under
section 107 of the Internal Revenue Code of 1986) provided after the
individual retires, or any other retirement benefit received by such
individual from a church plan (as defined in section 414(e) of such
Code) after the individual retires'' before the semicolon.
(b) Effective Date.--The <<NOTE: Applicability. 42 USC 411
note.>> amendment made by this section shall apply to years beginning
before, on, or after December 31, 1994.
SEC. 423. TECHNICAL CORRECTIONS RELATING TO DOMESTIC EMPLOYMENT.
(a) Amendment to Internal Revenue Code.--Section 3121(a)(7)(B) of
the Internal Revenue Code of 1986 <<NOTE: 26 USC 3121.>> is amended by
striking ``described in subsection (g)(5)'' and inserting ``on a farm
operated for profit''.
(b) Amendment to Social Security Act.--Section 209(a)(6)(B) of the
Social Security Act (42 U.S.C. 409(a)(6)(B)) is amended by striking
``described in section 210(f)(5)'' and inserting ``on a farm operated
for profit''.
(c) Conforming Amendment.--Section 3121(g)(5) of such Code and
section 210(f)(5) of such Act (42 U.S.C. 410(f)(5)) are amended by
striking ``or is domestic service in a private home of the employer''.
SEC. 424. TECHNICAL CORRECTIONS OF OUTDATED REFERENCES.
(a) Correction of Citation Respecting the Tax Deduction Relating to
Health Insurance Costs of Self-Employed Individuals.--Section 211(a)(15)
of the Social Security Act (42 U.S.C. 411(a)(15)) is amended by striking
``section 162(m)'' and inserting ``section 162(l)''.
(b) Elimination of Reference to Obsolete 20-Day Agricultural Work
Test.--Section 3102(a) of the Internal Revenue Code of 1986 <<NOTE: 26
USC 3102.>> is amended by striking ``and the employee has not performed
agricultural labor for the employer on 20 days or more in the calendar
year for cash remuneration computed on a time basis''.
SEC. 425. TECHNICAL CORRECTION RESPECTING SELF-EMPLOYMENT INCOME IN
COMMUNITY PROPERTY STATES.
(a) Social Security Act Amendment.--Section 211(a)(5)(A) of the
Social Security Act (42 U.S.C. 411(a)(5)(A)) is amended by striking
``all of the gross income'' and all that follows and inserting ``the
gross income and deductions attributable to such trade or business shall
be treated as the gross income and deductions of the spouse carrying on
such trade or business or, if such trade or business is jointly
operated, treated as the gross income and deductions of each spouse on
the basis of their respective distributive share of the gross income and
deductions;''.
(b) Internal Revenue Code of 1986 Amendment.--Section 1402(a)(5)(A)
of the Internal Revenue Code of 1986 <<NOTE: 26 USC 1402.>> is amended
by striking ``all of the gross income'' and all that follows and
inserting ``the gross income and deductions attributable to such
[[Page 118 STAT. 537]]
trade or business shall be treated as the gross income and deductions of
the spouse carrying on such trade or business or, if such trade or
business is jointly operated, treated as the gross income and deductions
of each spouse on the basis of their respective distributive share of
the gross income and deductions; and''.
SEC. 426. TECHNICAL AMENDMENTS TO THE RAILROAD RETIREMENT AND SURVIVORS'
IMPROVEMENT ACT OF 2001.
(a) Quorum Rules.--Section 15(j)(7) of the Railroad Retirement Act
of 1974 (45 U.S.C. 231n(j)(7)) is amended by striking ``entire Board of
Trustees'' and inserting ``Trustees then holding office''.
(b) Powers of the Board of Trustees.--Section 15(j)(4) of the
Railroad Retirement Act of 1974 (45 U.S.C. 231n(j)(4)) is amended to
read as follows:
``(4) Powers of the board of trustees.--The Board of
Trustees shall--
``(A) retain independent advisers to assist it in
the formulation and adoption of its investment
guidelines;
``(B) invest assets of the Trust in a manner
consistent with such investment guidelines, either
directly or through the retention of independent
investment managers;
``(C) adopt bylaws and other rules to govern its
operations;
``(D) employ professional staff, and contract with
outside advisers, including the Railroad Retirement
Board, to provide legal, accounting, investment advisory
or management services (compensation for which may be on
a fixed contract fee basis or on such other terms as are
customary for such services), or other services
necessary for the proper administration of the Trust;
``(E) sue and be sued and participate in legal
proceedings, have and use a seal, conduct business,
carry on operations, and exercise its powers within or
without the District of Columbia, form, own, or
participate in entities of any kind, enter into
contracts and agreements necessary to carry out its
business purposes, lend money for such purposes, and
deal with property as security for the payment of funds
so loaned, and possess and exercise any other powers
appropriate to carry out the purposes of the Trust;
``(F) pay administrative expenses of the Trust from
the assets of the Trust; and
``(G) transfer money to the disbursing agent or as
otherwise provided in section 7(b)(4), to pay benefits
payable under this Act from the assets of the Trust.''.
(c) State and Local Taxes.--Section 15(j)(6) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231n(j)(6)) is amended to read as
follows:
``(6) State and local taxes.--The Trust shall be exempt from
any income, sales, use, property, or other similar tax or fee
imposed or levied by a State, political subdivision, or local
taxing authority. The district courts of the United States shall
have original jurisdiction over a civil action brought by the
Trust to enforce this subsection and may grant equitable or
declaratory relief requested by the Trust.''.
(d) Funding.--Section 15(j)(8) of the Railroad Retirement Act of
1974 (45 U.S.C. 231n(j)(8)) is repealed.
[[Page 118 STAT. 538]]
(e) Transfers.--Section 15A(d)(2) of the Railroad Retirement Act of
1974 (45 U.S.C. 231n-1(d)(2)) is amended--
(1) by inserting ``or the Railroad Retirement Account''
after ``National Railroad Retirement Investment Trust'' the
second place it appears;
(2) by inserting ``or the Railroad Retirement Board'' after
``National Railroad Retirement Investment Trust'' the third
place it appears;
(3) by inserting ``(either directly or through a commingled
account consisting only of such obligations)'' after ``United
States'' the first place it appears; and
(4) in the third sentence, by inserting before the period at
the end the following: ``or to purchase such additional
obligations''.
(f) Clerical Amendments.--Section 15(j)(5) of the Railroad
Retirement Act of 1974 (45 U.S.C. 231n(j)(5)) is amended--
(1) in subparagraph (B), by striking ``trustee's'' each
place it appears and inserting ``Trustee's'';
(2) in subparagraph (C), by striking ``trustee'' and
``trustees'' each place it appears and inserting ``Trustee'' and
``Trustees'', respectively; and
(3) in the matter preceding clause (i) of subparagraph (D),
by striking ``trustee'' and inserting ``Trustee''.
Subtitle D--Amendments Related to Title XVI
SEC. 430. EXCLUSION FROM INCOME FOR CERTAIN INFREQUENT OR IRREGULAR
INCOME AND CERTAIN INTEREST OR DIVIDEND INCOME.
(a) Infrequent or Irregular Income.--Section 1612(b)(3) of the
Social Security Act (42 U.S.C. 1382a(b)(3)) is amended to read as
follows--
``(3) in any calendar quarter, the first--
``(A) $60 of unearned income, and
``(B) $30 of earned income,
of such individual (and such spouse, if any) which, as
determined in accordance with criteria prescribed by the
Commissioner of Social Security, is received too infrequently or
irregularly to be included;''.
(b) Interest or Dividend Income.--Section 1612(b) of the Social
Security Act (42 U.S.C. 1382a(b)) is amended--
(1) in paragraph (21), by striking ``and'' at the end;
(2) in paragraph (22), by striking the period and inserting
``; and''; and
(3) by adding at the end the following:
``(23) interest or dividend income from resources--
``(A) not excluded under section 1613(a), or
``(B) excluded pursuant to Federal law other than
section 1613(a).''.
(c) Effective Date.--The <<NOTE: 42 USC 1382a note.>> amendments
made by this section shall be effective with respect to benefits payable
for months in calendar quarters that begin more than 90 days after the
date of the enactment of this Act.
[[Page 118 STAT. 539]]
SEC. 431. UNIFORM 9-MONTH RESOURCE EXCLUSION PERIODS.
(a) Underpayments of Benefits.--Section 1613(a)(7) of the Social
Security Act (42 U.S.C. 1382b(a)(7)) is amended--
(1) by striking ``6'' and inserting ``9''; and
(2) by striking ``(or to the first 9 months following such
month with respect to any amount so received during the period
beginning October 1, 1987, and ending September 30, 1989)''.
(b) Advanceable Tax Credits.--Section 1613(a)(11) of the Social
Security Act (42 U.S.C. 1382b(a)(11)) is amended to read as follows:
``(11) for the 9-month period beginning after the month in
which received--
``(A) notwithstanding section 203 of the Economic
Growth and Tax Relief Reconciliation Act of 2001, any
refund of Federal income taxes made to such individual
(or such spouse) under section 24 of the Internal
Revenue Code of 1986 (relating to child tax credit) by
reason of subsection (d) thereof; and
``(B) any refund of Federal income taxes made to
such individual (or such spouse) by reason of section 32
of the Internal Revenue Code of 1986 (relating to earned
income tax credit), and any payment made to such
individual (or such spouse) by an employer under section
3507 of such Code (relating to advance payment of earned
income credit);''.
(c) Effective Date.--The <<NOTE: Applicability. 42 USC 1382b
note.>> amendments made by this section shall take effect on the date of
enactment of this Act, and shall apply to amounts described in paragraph
(7) of section 1613(a) of the Social Security Act and refunds of Federal
income taxes described in paragraph (11) of such section, that are
received by an eligible individual or eligible spouse on or after such
date.
SEC. 432. ELIMINATION OF CERTAIN RESTRICTIONS ON THE APPLICATION OF THE
STUDENT EARNED INCOME EXCLUSION.
(a) In General.--Section 1612(b)(1) of the Social Security Act (42
U.S.C. 1382a(b)(1)) is amended by striking ``a child who'' and inserting
``under the age of 22 and''.
(b) Effective Date.--The <<NOTE: 42 USC 1382a note.>> amendment made
by this section shall be effective with respect to benefits payable for
months that begin on or after 1 year after the date of enactment of this
Act.
SEC. 433. EXCEPTION TO RETROSPECTIVE MONTHLY ACCOUNTING FOR NONRECURRING
INCOME.
(a) In General.--Section 1611(c) of the Social Security Act (42
U.S.C. 1382(c)) is amended by adding at the end the following:
``(9)(A) Notwithstanding paragraphs (1) and (2), any nonrecurring
income which is paid to an individual in the first month of any period
of eligibility shall be taken into account in determining the amount of
the benefit under this title of such individual (and his eligible
spouse, if any) only for that month, and shall not be taken into account
in determining the amount of the benefit for any other month.
``(B) For purposes of subparagraph (A), payments to an individual in
varying amounts from the same or similar source for the same or similar
purpose shall not be considered to be nonrecurring income.''.
[[Page 118 STAT. 540]]
(b) Deletion of Obsolete Material.--Section 1611(c)(2)(B) of the
Social Security Act (42 U.S.C. 1382(c)(2)(B)) is amended to read as
follows:
``(B) in the case of the first month following a period of
ineligibility in which eligibility is restored after the first
day of such month, bear the same ratio to the amount of the
benefit which would have been payable to such individual if
eligibility had been restored on the first day of such month as
the number of days in such month including and following the
date of restoration of eligibility bears to the total number of
days in such month.''.
(c) Effective Date.--The <<NOTE: 42 USC 1382 note.>> amendments made
by this section shall be effective with respect to benefits payable for
months that begin on or after 1 year after the date of enactment of this
Act.
SEC. 434. REMOVAL OF RESTRICTION ON PAYMENT OF BENEFITS TO CHILDREN WHO
ARE BORN OR WHO BECOME BLIND OR DISABLED AFTER THEIR
MILITARY PARENTS ARE STATIONED OVERSEAS.
(a) In General.--Section 1614(a)(1)(B)(ii) of the Social Security
Act (42 U.S.C. 1382c(a)(1)(B)(ii)) is amended--
(1) by inserting ``and'' after ``citizen of the United
States,''; and
(2) by striking ``, and who,'' and all that follows and
inserting a period.
(b) Effective Date.--The <<NOTE: 42 USC 1382c note.>> amendments
made by this section shall be effective with respect to benefits payable
for months beginning after the date of enactment of this Act, but only
on the basis of an application filed after such date.
SEC. 435. TREATMENT OF EDUCATION-RELATED INCOME AND RESOURCES.
(a) Exclusion From Income of Gifts Provided for Tuition and Other
Education-Related Fees.--Section 1612(b)(7) of the Social Security Act
(42 U.S.C. 1382a(b)(7)) is amended by striking ``or fellowship received
for use in paying'' and inserting ``fellowship, or gift (or portion of a
gift) used to pay''.
(b) Exclusion From Resources for 9 Months of Grants, Scholarships,
Fellowships, or Gifts Provided for Tuition and Other Education-Related
Fees.--Section 1613(a) of the Social Security Act (42 U.S.C. 1382b(a))
(as amended by section 101(c)(2)) is amended--
(1) in paragraph (13), by striking ``and'' at the end;
(2) in paragraph (14), by striking the period and inserting
``; and''; and
(3) by inserting after paragraph (14) the following:
``(15) for the 9-month period beginning after the month in
which received, any grant, scholarship, fellowship, or gift (or
portion of a gift) used to pay the cost of tuition and fees at
any educational (including technical or vocational education)
institution.''.
(c) Effective Date.--The <<NOTE: Applicability. 42 USC 1382a
note.>> amendments made by this section shall apply to benefits payable
for months that begin more than 90 days after the date of enactment of
this Act.
[[Page 118 STAT. 541]]
SEC. 436. MONTHLY TREATMENT OF UNIFORMED SERVICE COMPENSATION.
(a) Treatment of Pay as Received When Earned.--Section 1611(c) of
the Social Security Act (42 U.S.C. 1382(c)), as amended by section
435(a), is amended by adding at the end the following:
``(10) For purposes of this subsection, remuneration for service
performed as a member of a uniformed service may be treated as received
in the month in which it was earned, if the Commissioner of Social
Security determines that such treatment would promote the economical and
efficient administration of the program authorized by this title.''.
(b) Effective Date.--The <<NOTE: Applicability. 42 USC 1382
note.>> amendments made by this section shall apply to benefits payable
for months that begin more than 90 days after the date of enactment of
this Act.
Approved March 2, 2004.
LEGISLATIVE HISTORY--H.R. 743:
---------------------------------------------------------------------------
HOUSE REPORTS: No. 108-46 (Comm. on Ways and Means).
SENATE REPORTS: No. 108-176 (Comm. on Finance).
CONGRESSIONAL RECORD:
Vol. 149 (2003):
Mar. 5, considered and rejected in
House.
Apr. 2, considered and passed House.
Dec. 9, considered and passed
Senate, amended.
Vol. 150 (2004):
Feb. 11, House concurred in Senate
amendment.
<all>