```

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9385 Introduced in House (IH)]

<DOC>

118th CONGRESS
  2d Session
                                H. R. 9385

 To amend the Social Security Act to place limitations on recovery of 
                 overpayments under titles II and XVI.

_______________________________________________________________________

                    IN THE HOUSE OF REPRESENTATIVES

                            August 20, 2024

 Mr. Carey (for himself and Mrs. Sykes) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL

 
 To amend the Social Security Act to place limitations on recovery of 
                 overpayments under titles II and XVI.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Protecting Americans from Social 
Security Clawbacks Act''.

SEC. 2. LIMITATION ON RECOVERY OF OVERPAYMENTS.

    (a) Title II Amendment.--
            (1) In general.--Section 204(a)(1)(A) of the Social 
        Security Act (42 U.S.C. 404(a)(1)(A)) is amended--
                    (A) by striking ``With respect'' and inserting 
                ``(i) With respect''; and
                    (B) by adding at the end the following:
            ``(ii) In any case in which the Commissioner finds that 
        more than the correct amount of payment has been made to a 
        person, recovery from the person may not be made if--
                    ``(I) the overpayment occurred more than 3 years 
                before the date of the finding; and
                    ``(II) the overpayment was a result of error on the 
                part of the Commissioner.
            ``(iii) Clause (ii) shall not apply to a person if the 
        Commissioner determines that the person has ever committed 
        fraud or similar fault with respect to the program under this 
        title.''.
            (2) Conforming amendment.--Section 204(a)(2) of such Act 
        (42 U.S.C. 404(a)(2)) is amended by striking 
        ``Notwithstanding'' and inserting ``Subject to clauses (ii) and 
        (iii) of paragraph (1)(A), but notwithstanding''.
    (b) Title XVI Amendments.--
            (1) In general.--Section 1631(b)(1) of such Act (42 U.S.C. 
        1383(b)(1)) is amended by adding at the end the following:
    ``(C)(i) In any case in which the Commissioner finds that more than 
the correct amount of payment has been made to a person, recovery from 
the person may not be made if--
            ``(I) the overpayment occurred more than 3 years before the 
        date of the finding; and
            ``(II) the overpayment was a result of error on the part of 
        the Commissioner.
    ``(ii) Clause (i) shall not apply to a person if the Commissioner 
determines that the person has ever committed fraud or similar fault 
with respect to the program under this title.''.
            (2) Conforming amendment.--Section 1631(b)(2) of such Act 
        (42 U.S.C. 1383(b)(2)) is amended by striking 
        ``Notwithstanding'' and inserting ``Subject to paragraph 
        (1)(C), but notwithstanding''.
                                 <all>
```