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108th CONGRESS
1st Session
H. R. 743
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.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
February 12, 2003
Mr. Shaw (for himself, Mr. Matsui, Mr. Collins, Mr. Pomeroy, Mr. Lewis
of Kentucky, Mr. Becerra, Mr. Ryan of Wisconsin, Mrs. Jones of Ohio,
Mr. Rangel, Mr. Foley, Mr. Ballenger, Mr. Fletcher, Ms. Harris, Mrs.
Northup, and Mr. Whitfield) introduced the following bill; which was
referred to the Committee on Ways and Means
_______________________________________________________________________
A BILL
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.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Social Security
Protection Act of 2003''.
(b) Table of Contents.--The table of contents is as follows:
Sec. 1. Short title and table of contents.
TITLE I--PROTECTION OF BENEFICIARIES
Subtitle A--Representative Payees
Sec. 101. Authority to reissue benefits misused by organizational
representative payees.
Sec. 102. Oversight of representative payees.
Sec. 103. Disqualification from service as representative payee of
persons 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.
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 knowing
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. 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.
TITLE III--ATTORNEY FEE PAYMENT SYSTEM IMPROVEMENTS
Sec. 301. Cap on attorney assessments.
Sec. 302. Extension of attorney fee payment system to title XVI claims.
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 provided 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.
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.
Sec. 417. Compensation for the Social Security Advisory Board.
Sec. 418. 60-month period of employment requirement for application of
government pension offset exemption.
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.
TITLE I--PROTECTION OF BENEFICIARIES
Subtitle A--Representative Payees
SEC. 101. AUTHORITY TO REISSUE BENEFITS MISUSED BY ORGANIZATIONAL
REPRESENTATIVE PAYEES.
(a) Title II Amendments.--
(1) Reissuance of benefits.--Section 205(j)(5) of the
Social Security Act (42 U.S.C. 405(j)(5)) is amended by
inserting after the first sentence the following new sentences:
``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 new paragraph:
``(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 by inserting after
the first sentence the following new sentences: ``In any case
in which a representative payee that--
``(1) is not an individual; or
``(2) 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).''.
(2) Misuse of benefits defined.--Section 807 of such Act
(42 U.S.C. 1007) is amended by adding at the end the following
new subsection:
``(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 new sentences: ``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 the
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 the 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
new paragraph:
``(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 new clause:
``(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 the meaning
of the term `use and benefit' for purposes of this clause.''.
(d) Effective Date.--The amendments made by this section shall
apply to any case of benefit misuse by a representative payee with
respect to which the Commissioner 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 new
paragraph:
``(9) For purposes of this subsection, the term `certified
community-based nonprofit social service agency' means a community-
based nonprofit social service agency which is in compliance with
requirements, under regulations which shall be prescribed by the
Commissioner, for annual 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 such State) in
accordance with requirements specified by the Commissioner. Any such
annual certification shall include a copy of any independent audit on
such 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--
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