Home > 107th Congressional Bills > S. 43 (is) To amend title 10, United States Code, to authorize certain disabled former prisoners of war to use Department of Defense commissary and exchange stores. [Introduced in Senate] ...

S. 43 (is) To amend title 10, United States Code, to authorize certain disabled former prisoners of war to use Department of Defense commissary and exchange stores. [Introduced in Senate] ...


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108th CONGRESS
  1st Session
                                 S. 439

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 SENATE OF THE UNITED STATES

                           February 25, 2003

  Mr. Bunning introduced the following bill; which was read twice and 
                  referred to the Committee on Finance

_______________________________________________________________________

                                 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--
                    (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 

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