Pub.L. 108-204 To make technical corrections to laws relating to Native Americans, and for other purposes. <> ...

	Web GovRecords.org

[[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 

Other Popular 108th Congressional Public Laws Documents:

Other Documents:

108th Congressional Public Laws Records and Documents