I 

115TH CONGRESS 

1ST SESSION H. R. 4547 

To amend titles II, VIII, and XVI of the Social Security Act to improve 

and strengthen the representative payment program. 

IN THE HOUSE OF REPRESENTATIVES 

DECEMBER 5, 2017 

Mr. SAM JOHNSON of Texas (for himself and Mr. LARSON of Connecticut) introduced the following bill; which was referred to the Committee on Ways 

and Means 

A BILL 

To amend titles II, VIII, and XVI of the Social Security 

Act to improve and strengthen the representative payment program. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Strengthening Protec5 tions for Social Security Beneficiaries Act of 2017’’. 

6 SEC. 2. TABLE OF CONTENTS. 

7 The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 


lotter on DSKBCFDHB2PROD with BILLS
2 

•HR 4547 IH

TITLE I—STRENGTHENING OVERSIGHT AND BENEFICIARY 

PROTECTION 

Sec. 101. Stronger monitoring of representative payees. 

Sec. 102. Reducing the burden on families. 

Sec. 103. Protecting beneficiaries through information sharing. 

Sec. 104. Clarifying overpayment liability for child in child welfare system. 

Sec. 105. Reports. 

TITLE II—IMPROVING PAYEE SELECTION AND QUALITY 

Sec. 201. Advance designation of representative payees. 

Sec. 202. Prohibition on individuals convicted of certain crimes serving as representative payees. 

Sec. 203. Prohibition on individuals with representative payees serving as representative payees. 

Sec. 204. Reassessment of payee selection and replacement policies. 

1 TITLE I—STRENGTHENING 

2 OVERSIGHT AND BENE3 FICIARY PROTECTION 

4 SEC. 101. STRONGER MONITORING OF REPRESENTATIVE 

5 PAYEES. 

6 (a) PROTECTION AND ADVOCACY FOR BENE7 FICIARIES WITH REPRESENTATIVE PAYEES.—Section 

8 205(j)(6) of the Social Security Act (42 U.S.C. 405(j)(6)) 

9 is amended by adding at the end the following: 

10 ‘‘(C)(i) The Commissioner of Social Security shall 

11 make annual grants directly to the protection and advo12 cacy system serving each of the States and the American 

13 Indian consortium for the purpose of conducting reviews 

14 of representative payees in accordance with this subpara15 graph. The total amount used by the Commissioner for 

16 such grants each year— 

17 ‘‘(I) shall be an amount sufficient, as deter18 mined by the Commissioner in consultation with 


lotter on DSKBCFDHB2PROD with BILLS
3 

•HR 4547 IH

1 each of the protection and advocacy systems, to 

2 carry out all of the activities described in clause (ii); 

3 and 

4 ‘‘(II) shall not be less than $25,000,000. 

5 ‘‘(ii) A protection and advocacy system awarded a 

6 grant under this subparagraph shall use the grant funds 

7 to— 

8 ‘‘(I) conduct all periodic onsite reviews pursu9 ant to this paragraph and such other reviews of rep10 resentative payees as the Commissioner may request, 

11 including reviews conducted in response to allega12 tions or concerns about the performance or suit13 ability of the payee; 

14 ‘‘(II) conduct additional reviews that the pro15 tection and advocacy system has reason to believe 

16 are warranted; 

17 ‘‘(III) develop corrective action plans to assist 

18 representative payees in conforming to requirements 

19 specified by the Commissioner; 

20 ‘‘(IV) submit a report to the Commissioner on 

21 each completed review containing such information 

22 as the Commissioner shall require; and 

23 ‘‘(V) conduct an initial onsite assessment of any 

24 organization that begins collecting a fee for its serv25 ices as a representative payee to ensure that such 


lotter on DSKBCFDHB2PROD with BILLS
4 

•HR 4547 IH

1 organization is established as such a representative 

2 payee in accordance with requirements specified by 

3 the Commissioner. 

4 A protection and advocacy system may refer beneficiaries 

5 to other programs or services as the protection and advo6 cacy system considers appropriate. 

7 ‘‘(iii) To be eligible to receive grants under this sec8 tion, a protection and advocacy system shall submit an 

9 initial application to the Commissioner at such time, in 

10 such form and manner, and accompanied by such informa11 tion and assurances as the Commissioner may require. 

12 ‘‘(iv)(I) Subject to subclause (II), the Commissioner 

13 shall ensure that any funds used for grants under clause 

14 (i) shall be allocated to the protection and advocacy sys15 tems serving each of the States and the American Indian 

16 consortium in a manner such that the amount provided 

17 to each protection and advocacy system bears the same 

18 ratio to the total of such funds as the number of rep19 resented beneficiaries in the State or American Indian 

20 consortium in which such protection and advocacy system 

21 is located bears to the total number of represented bene22 ficiaries. 

23 ‘‘(II) The amount of an annual grant to a protection 

24 and advocacy system under clause (i) shall— 


lotter on DSKBCFDHB2PROD with BILLS
5 

•HR 4547 IH

1 ‘‘(aa) in the case of a protection and advocacy 

2 system serving American Samoa, Guam, the United 

3 States Virgin Islands, or the Commonwealth of the 

4 Northern Mariana Islands, or the American Indian 

5 consortium, not be less than $30,000; and 

6 ‘‘(bb) in the case of a protection and advocacy 

7 system serving any other State, not be less than 

8 $60,000. 

9 ‘‘(III) Funds provided to a protection and advocacy 

10 system through a grant under clause (i) for a one-year 

11 period shall remain available through the end of the fol12 lowing one-year period. 

13 ‘‘(IV) For purposes of this clause, the term ‘rep14 resented beneficiary’ means an individual— 

15 ‘‘(aa) who is entitled to benefits under this title, 

16 title VIII, or title XVI; and 

17 ‘‘(bb) whose benefits have been certified for 

18 payment to a representative payee. 

19 ‘‘(v)(I) The Commissioner shall make annual grants, 

20 in an amount equal to 4 percent of the total amount of 

21 grants awarded each year under clause (i), to an eligible 

22 national association for the provision of training and tech23 nical assistance, administrative support, and data collec24 tion services to protection and advocacy systems in con25 nection with grants awarded under clause (i). 


lotter on DSKBCFDHB2PROD with BILLS
6 

•HR 4547 IH

1 ‘‘(II) In this clause, the term ‘eligible national asso2 ciation’ means a national disability association with exten3 sive knowledge and demonstrated experience in providing 

4 training, technical assistance, and administrative oversight 

5 to protection and advocacy systems that monitor rep6 resentative payees. 

7 ‘‘(vi) In conducting reviews under this section, a pro8 tection and advocacy system shall have the same authori9 ties, including access to records, facilities, and persons, as 

10 such system would have for purposes of providing services 

11 under subtitle C of title I of the Developmental Disabilities 

12 Assistance and Bill of Rights Act of 2000 (42 U.S.C. 

13 15041 et seq.). 

14 ‘‘(vii) Whenever benefit amounts under this title are 

15 increased by any percentage effective with any month after 

16 November 2018 as a result of a determination made under 

17 section 215(i), each of the dollar amounts specified in 

18 clauses (i)(II) and (iv)(II) shall be increased by the same 

19 percentage. 

20 ‘‘(viii) No additional funds are authorized to be ap21 propriated to carry out the requirements of this subpara22 graph. Such requirements shall be carried out using 

23 amounts otherwise authorized. 

24 ‘‘(ix) In this subparagraph: 


lotter on DSKBCFDHB2PROD with BILLS
7 

•HR 4547 IH

1 ‘‘(I) The term ‘American Indian consortium’ 

2 means a consortium established under subtitle C of 

3 title I of the Developmental Disabilities Assistance 

4 and Bill of Rights Act of 2000 (42 U.S.C. 15041 et 

5 seq.). 

6 ‘‘(II) The term ‘protection and advocacy sys7 tem’ means a protection and advocacy system estab8 lished under subtitle C of title I of the Develop9 mental Disabilities Assistance and Bill of Rights Act 

10 of 2000 (42 U.S.C. 15041 et seq.). 

11 ‘‘(III) The term ‘State’ means the several 

12 States of the United States, the District of Colum13 bia, the Commonwealth of Puerto Rico, the United 

14 States Virgin Islands, Guam, American Samoa, and 

15 the Commonwealth of the Northern Mariana Is16 lands.’’. 

17 (b) EXPANSION OF PERIODIC ONSITE REVIEW RE18 QUIREMENTS.—Section 205(j)(6)(A) of the Social Secu19 rity Act (42 U.S.C. 405(j)(6)(A)) is amended— 

20 (1) in clause (ii), by striking ‘‘or’’; 

21 (2) in clause (iii), by striking the period and in22 serting ‘‘; or’’; 

23 (3) by adding after clause (iii) the following: 

24 ‘‘(iv) the representative payee collects a fee for 

25 its services.’’; and 


lotter on DSKBCFDHB2PROD with BILLS
8 

•HR 4547 IH

1 (4) by adding after clause (iv) (as added by 

2 paragraph (3)) the following flush text: 

3 ‘‘The Commissioner shall also conduct periodic onsite re4 views of individual and organizational payees, including 

5 payees who are related to the beneficiary and primarily 

6 reside in the same household, selected on the basis of risk7 factors for potential misuse or unsuitability associated 

8 with such payees or beneficiaries.’’. 

9 (c) AVAILABILITY OF GRANT FUNDS.— 

10 (1) PROTECTION AND ADVOCACY SYSTEM

11 GRANTS.—Grants described under clause (i) of sub12 paragraph (C) of section 205(j)(6) of the Social Se13 curity Act (as added by subsection (a)) shall be 

14 awarded on August 1, 2018, and annually there15 after, and funds provided by such grants to a protec16 tion and advocacy system may be used to reimburse 

17 the protection and advocacy system for amounts ex18 pended by the protection and advocacy system dur19 ing the period beginning on May 1, 2018, and end20 ing on such date for hiring and start-up costs in 

21 preparation to carry out reviews of representative 

22 payees in accordance with such subparagraph. 

23 (2) NATIONAL ASSOCIATION GRANTS.—Grants 

24 described under clause (v) of such subparagraph 


lotter on DSKBCFDHB2PROD with BILLS
9 

•HR 4547 IH

1 shall be awarded on May 1, 2018, and annually 

2 thereafter. 

3 SEC. 102. REDUCING THE BURDEN ON FAMILIES. 

4 (a) TITLE II.—Section 205(j)(3) of the Social Secu5 rity Act (42 U.S.C. 405(j)(3)) is amended— 

6 (1) by redesignating subparagraphs (D) 

7 through (G) as subparagraphs (E) through (H), re8 spectively; 

9 (2) by inserting after subparagraph (C) the fol10 lowing: 

11 ‘‘(D)(i) Subparagraph (A) shall not apply 

12 in any case where the other person to whom 

13 such payment is made is— 

14 ‘‘(I) a parent, or other individual 

15 who is a legal guardian of, a minor 

16 child entitled to such payment who 

17 primarily resides in the same house18 hold; 

19 ‘‘(II) a parent of an individual 

20 entitled to such payment who is under 

21 a disability (as defined in section 

22 223(d)) who primarily resides in the 

23 same household; or 

24 ‘‘(III) the spouse of the indi25 vidual entitled to such payment. 


lotter on DSKBCFDHB2PROD with BILLS
10 

•HR 4547 IH

1 ‘‘(ii) The Commissioner of Social Security 

2 shall establish and implement procedures as 

3 necessary for the Commissioner to determine 

4 the eligibility of such parties for the exemption 

5 provided in clause (i). The Commissioner shall 

6 prescribe such regulations as may be necessary 

7 to determine eligibility for such exemption.’’; 

8 (3) in subparagaph (E) (as so redesignated), by 

9 striking ‘‘and (C)’’ and inserting ‘‘(C), and (D)’’; 

10 and 

11 (4) in subparagraph (F) (as so redesignated), 

12 by striking ‘‘(D)’’ each place it appears and insert13 ing ‘‘(E)’’. 

14 (b) TITLE VIII.—Section 807(h) of the Social Secu15 rity Act (42 U.S.C. 1007(h)) is amended— 

16 (1) by redesignating paragraphs (3) through 

17 (5) as paragraphs (4) through (6), respectively; and 

18 (2) by inserting after paragraph (2) the fol19 lowing: 

20 ‘‘(3)(A) Paragraph (1) shall not apply in any 

21 case where the other person to whom such payment 

22 is made is the spouse of the individual entitled to 

23 such payment. 

24 ‘‘(B) The Commissioner of Social Security shall 

25 establish and implement procedures as necessary for 


lotter on DSKBCFDHB2PROD with BILLS
11 

•HR 4547 IH

1 the Commissioner to determine the eligibility of such 

2 parties for the exemption provided in subparagraph 

3 (A). The Commissioner shall prescribe such regula4 tions as may be necessary to determine eligibility for 

5 such exemption.’’. 

6 (c) TITLE XVI.—Section 1631(a)(2)(C) of the Social 

7 Security Act (42 U.S.C. 1383(a)(2)(C)) is amended— 

8 (1) by redesignating clauses (iv) and (v) as 

9 clauses (v) and (vi), respectively; 

10 (2) by inserting after clause (iii) the following: 

11 ‘‘(iv)(I) Clause (i) shall not apply in any case 

12 where the representative payee is— 

13 ‘‘(aa) a parent, or other individual who is 

14 a legal guardian of, a minor child entitled to 

15 such payment who primarily resides in the same 

16 household; 

17 ‘‘(bb) a parent of an individual entitled to 

18 such payment who is under a disability who pri19 marily resides in the same household; or 

20 ‘‘(cc) the spouse of the individual entitled 

21 to such payment. 

22 ‘‘(II) The Commissioner of Social Security shall 

23 establish and implement procedures as necessary for 

24 the Commissioner to determine the eligibility of such 

25 parties for the exemption provided in subclause (I). 


lotter on DSKBCFDHB2PROD with BILLS
12 

•HR 4547 IH

1 The Commissioner shall prescribe such regulations 

2 as may be necessary to determine eligibility for such 

3 exemption.’’; 

4 (3) in clause (v) (as so redesignated), by strik5 ing ‘‘and (iii)’’ and inserting ‘‘(iii), and (iv)’’; and 

6 (4) in clause (vi) (as so redesignated), by strik7 ing ‘‘(iv)’’ each time it appears and inserting ‘‘(v)’’. 

8 (d) EFFECTIVE DATE.—The amendments made by 

9 this section shall take effect on the date of the enactment 

10 of this Act. 

11 SEC. 103. PROTECTING BENEFICIARIES THROUGH INFOR12 MATION SHARING. 

13 (a) INFORMATION SHARING TO DETERMINE STATE

14 FOSTER CARE STATUS.— 

15 (1) IN GENERAL.—Section 205(j) of the Social 

16 Security Act (42 U.S.C. 405(j)) is amended by add17 ing at the end the following: 

18 ‘‘(11)(A) The Commissioner of Social Security 

19 shall— 

20 ‘‘(i) enter into agreements with each State with 

21 a plan approved under part E of title IV for the pur22 pose of sharing and matching data, on an automated 

23 monthly basis, in the system of records of the Social 

24 Security Administration with each Statewide and 

25 Tribal Automated Child Welfare Information System 


lotter on DSKBCFDHB2PROD with BILLS
13 

•HR 4547 IH

1 to identify represented minor beneficiaries who are 

2 in foster care under the responsibility of the State 

3 for such month; and 

4 ‘‘(ii) in any case in which a represented minor 

5 beneficiary has entered or exited foster care or 

6 changed foster care placement in such month, rede7 termine the appropriate representative payee for 

8 such individual. 

9 ‘‘(B) For purposes of this paragraph— 

10 ‘‘(i) the term ‘State’ has the meaning given 

11 such term for purposes of part E of title IV; 

12 ‘‘(ii) the term ‘Statewide and Tribal Automated 

13 Child Welfare Information System’ means a state14 wide mechanized data collection and information re15 trieval system described in section 474(a)(3)(C); and 

16 ‘‘(iii) the term ‘represented minor beneficiary’, 

17 with respect to an individual for a month, means a 

18 child (as defined for purposes of section 475(8)) en19 titled to benefits under this title for such month 

20 whose benefits are certified for payment to a rep21 resentative payee.’’. 

22 (2) CONFORMING CHANGE.—Section 

23 471(a)(8)(A) of the Social Security Act (42 U.S.C. 

24 671(a)(8)(A)) is amended by inserting ‘‘the program 

25 established by title II,’’ after ‘‘XX,’’. 


lotter on DSKBCFDHB2PROD with BILLS
14 

•HR 4547 IH

1 (3) GAO STUDY AND REPORT.— 

2 (A) EVALUATION.—As soon as possible 

3 after the date of the enactment of this Act, the 

4 Comptroller General shall evaluate— 

5 (i) the number of represented minor 

6 beneficiaries in foster care under the re7 sponsibility of a State for each month dur8 ing the previous year; 

9 (ii) whether the representative payee 

10 for each represented minor beneficiary is— 

11 (I) a governmental child welfare 

12 agency; 

13 (II) an organizational payee that 

14 is not a governmental child welfare 

15 agency; 

16 (III) a foster parent or child-care 

17 institution (within the meaning of 

18 part E of title IV); or 

19 (IV) another individual; and 

20 (iii) whether funds were conserved, 

21 used for direct expenses of the minor bene22 ficiary, or used to reimburse the State for 

23 foster care maintenance costs. 

24 (B) REPORT TO CONGRESS.—Not later 

25 than 36 months after the date of enactment of 


lotter on DSKBCFDHB2PROD with BILLS
15 

•HR 4547 IH

1 this Act, the Comptroller General shall submit 

2 to Congress a report on the results of the eval3 uation required under subparagraph (A). 

4 (C) DEFINITIONS.—For purposes of this 

5 paragraph— 

6 (i) the term ‘‘State’’ has the meaning 

7 given such term for purposes of part E of 

8 title IV of the Social Security Act; and 

9 (ii) the term ‘‘represented minor bene10 ficiary’’, with respect to an individual for a 

11 month, means a child (as defined for pur12 poses of section 475(8) of the Social Secu13 rity Act) entitled to benefits under title II 

14 of such Act for such month whose benefits 

15 are certified for payment to a representa16 tive payee. 

17 (4) EFFECTIVE DATE.— 

18 (A) IN GENERAL.—The amendments made 

19 by this subsection shall apply with respect to 

20 months beginning on or after the date that is 

21 1 year after the date of the enactment of this 

22 Act. 

23 (B) EXCEPTION IF STATE LEGISLATION

24 REQUIRED.—In the case of a State plan under 

25 part E of title IV of the Social Security Act 


lotter on DSKBCFDHB2PROD with BILLS
16 

•HR 4547 IH

1 that the Secretary of Health and Human Serv2 ices determines requires State legislation (other 

3 than legislation appropriating funds) in order 

4 for the plan to meet the additional requirement 

5 imposed by the amendments made under this 

6 subsection, such plan shall not be regarded as 

7 failing to comply with the requirements of such 

8 title solely on the basis of its failure to meet 

9 this additional requirement before the first day 

10 of the first calendar quarter beginning after the 

11 close of the first regular session of the State 

12 legislature that begins after the date of the en13 actment of this Act. For purposes of the pre14 vious sentence, in the case of a State that has 

15 a 2-year legislative session, each year of such 

16 session shall be deemed to be a separate regular 

17 session of the State legislature. 

18 (b) IMPROVING COORDINATION WITH ADULT PRO19 TECTIVE SERVICES.— 

20 (1) IN GENERAL.—The Commissioner of Social 

21 Security shall study and test the administrative fea22 sibility of improving information sharing, in partner23 ship with State agencies that provide adult protec24 tive services, with respect to— 


lotter on DSKBCFDHB2PROD with BILLS
17 

•HR 4547 IH

1 (A) the assessment of an individual’s need 

2 for a representative payee in connection with 

3 benefits to which the individual is entitled 

4 under title II or title XVI of the Social Security 

5 Act; and 

6 (B) oversight of individuals and organiza7 tions serving as representative payees. 

8 (2) REPORT.—Not later than June 30, 2022, 

9 the Commissioner of Social Security shall conclude 

10 the study described in paragraph (1) and submit to 

11 the Committee on Ways and Means of the House of 

12 Representatives and the Committee on Finance of 

13 the Senate a report on the results of such study. 

14 (c) STUDY ON POTENTIAL TO COORDINATE WITH

15 STATE COURTS.— 

16 (1) IN GENERAL.—The Commissioner of Social 

17 Security shall enter into an agreement with the Ad18 ministrative Conference of the United States to con19 duct a study that includes— 

20 (A) an overview of potential opportunities 

21 for information sharing between the Social Se22 curity Administration and State courts and rel23 evant State agencies; 


lotter on DSKBCFDHB2PROD with BILLS
18 

•HR 4547 IH

1 (B) a detailed analysis of the barriers to 

2 such information sharing, including any Federal 

3 or State statutory barriers; 

4 (C) a description of how such information 

5 sharing would be implemented, including any 

6 additional infrastructure needed; and 

7 (D) a description of any risks or other fac8 tors that the Social Security Administration 

9 and the Congress should consider before imple10 menting such information sharing. 

11 (2) REPORT.—Not later than June 30, 2020, 

12 the Commissioner of Social Security shall submit to 

13 the Committee on Ways and Means of the House of 

14 Representatives and the Committee on Finance of 

15 the Senate and make publicly available a report on 

16 the results of the study conducted under paragraph 

17 (1). 

18 SEC. 104. CLARIFYING OVERPAYMENT LIABILITY FOR 

19 CHILD IN CHILD WELFARE SYSTEM. 

20 (a) AMENDMENT TO TITLE II.—Section 204(a) of 

21 the Social Security Act (42 U.S.C. 404(a)) is amended 

22 by adding at the end the following: 

23 ‘‘(3)(A) When any payment of more than the correct 

24 amount is made on behalf of an individual who is a rep25 resented minor beneficiary for a month in which such indiVerDate Sep 11 2014 00:07 Dec 12, 2017 Jkt 079200 PO 00000 Frm 00018 Fmt 6652 Sfmt 6201 E:\BILLS\H4547.IH H4547

lotter on DSKBCFDHB2PROD with BILLS
19 

•HR 4547 IH

1 vidual is in foster care under the responsibility of a State 

2 and the State is the representative payee of such indi3 vidual, the State shall be liable for the repayment of the 

4 overpayment, and there shall be no adjustment of pay5 ments to, or recovery by the United States from, such in6 dividual. 

7 ‘‘(B) For purposes of this paragraph, the term ‘rep8 resented minor beneficiary’ has the meaning given such 

9 term in subsection (j)(11)(B)(iii).’’. 

10 (b) AMENDMENT TO TITLE XVI.—Section 1631(b) 

11 of the Social Security Act (42 U.S.C. 1683(b)) is amend12 ed— 

13 (1) by redesignating paragraphs (3) through 

14 (7) as paragraphs (4) through (8), respectively; and 

15 (2) by inserting after paragraph (2) the fol16 lowing: 

17 ‘‘(3)(A) When any payment of more than the correct 

18 amount is made on behalf of an individual who is a rep19 resented minor beneficiary for a month in which such indi20 vidual is in foster care under the responsibility of a State 

21 and the State is the representative payee of such indi22 vidual, the State shall be liable for the repayment of the 

23 overpayment, and there shall be no adjustment of pay24 ments to, or recovery by the United States from, such in25 dividual. 


lotter on DSKBCFDHB2PROD with BILLS
20 

•HR 4547 IH

1 ‘‘(B) For purposes of this paragraph, the term ‘rep2 resented minor beneficiary’, with respect to an individual 

3 for a month, means a child (as defined for purposes of 

4 section 475(8)) entitled to benefits under this title for 

5 such month whose benefits are certified for payment to 

6 a representative payee.’’. 

7 (c) EFFECTIVE DATE.—The amendment made by 

8 subsection (a) shall apply with respect to overpayments 

9 made on or after the date of the enactment of this Act 

10 and to any other overpayments that have not been recov11 ered as of such date. 

12 SEC. 105. REPORTS. 

13 (a) REPORT ON BENEFITS MISUSED.—Section 

14 205(j) of the Social Security Act (42 U.S.C. 405(j)), as 

15 amended by section 103(a), is further amended— 

16 (1) in paragraph (6)— 

17 (A) by striking ‘‘(A) In addition to’’ and 

18 inserting ‘‘In addition to’’; and 

19 (B) by striking subparagraph (B); and 

20 (2) by adding at the end the following: 

21 ‘‘(12)(A) Not later than January 31 of each fiscal 

22 year, the Commissioner shall submit to the Committee on 

23 Ways and Means of the House of Representatives and the 

24 Committee on Finance of the Senate a report on the re25 sults of all reviews of representative payees conducted durVerDate Sep 11 2014 00:07 Dec 12, 2017 Jkt 079200 PO 00000 Frm 00020 Fmt 6652 Sfmt 6201 E:\BILLS\H4547.IH H4547

lotter on DSKBCFDHB2PROD with BILLS
21 

•HR 4547 IH

1 ing the previous fiscal year in connection with benefits 

2 under this title, title VIII, or title XVI. Such report shall 

3 summarize problems identified in such reviews and correc4 tive actions taken or planned to be taken to correct such 

5 problems, and shall include— 

6 ‘‘(i) the number of such reviews; 

7 ‘‘(ii) the results of such reviews; 

8 ‘‘(iii) the number of cases in which the rep9 resentative payee was changed and why; 

10 ‘‘(iv) the number of reviews conducted in re11 sponse to allegations or concerns about the perform12 ance or suitability of the payee; 

13 ‘‘(v) the number of cases discovered in which 

14 there was a misuse of funds, and the total dollar 

15 amount of benefits determined by the Commissioner 

16 during such fiscal year to have been misused by a 

17 representative payee (regardless of the fiscal year in 

18 which such misuse occurred); 

19 ‘‘(vi) the number of cases discovered in which 

20 such misuse of funds resulted from the negligent 

21 failure of the Commissioner to investigate or mon22 itor a representative payee; 

23 ‘‘(vii) the final disposition of such cases of mis24 use of funds, including— 


lotter on DSKBCFDHB2PROD with BILLS
22 

•HR 4547 IH

1 ‘‘(I) any criminal, civil, and administrative 

2 penalties imposed; 

3 ‘‘(II) the total dollar amount of misused 

4 benefits repaid to beneficiaries and alternative 

5 representative payees under each of— 

6 ‘‘(aa) paragraph (5) (on the basis of 

7 a negligent failure of the Commissioner de8 scribed in such paragraph); 

9 ‘‘(bb) paragraph (5) (on any other 

10 basis); and 

11 ‘‘(cc) paragraph (7); and 

12 ‘‘(III) the total dollar amount of misused 

13 benefits recovered under each of— 

14 ‘‘(aa) paragraph (5); and 

15 ‘‘(bb) paragraph (7); 

16 ‘‘(viii) any updates to prior year reports nec17 essary to reflect subsequent recoveries and repay18 ments pertaining to misuse determinations made in 

19 prior years; and 

20 ‘‘(ix) such other information as the Commis21 sioner deems appropriate. 

22 ‘‘(B) Each report required under this paragraph for 

23 a fiscal year shall include the information described in 

24 clauses (i) through (ix) of subparagraph (A) with respect 

25 to— 


lotter on DSKBCFDHB2PROD with BILLS
23 

•HR 4547 IH

1 ‘‘(i) all representative payees reviewed during 

2 such fiscal year; 

3 ‘‘(ii) all such representative payees that are or4 ganizations, separated by whether such organization 

5 collects a fee for its services as a representative 

6 payee; 

7 ‘‘(iii) all such representative payees that are in8 dividuals serving 15 or more individuals; and 

9 ‘‘(iv) all such representative payees that are in10 dividuals serving less than 15 individuals, separated 

11 by whether such representative payee is a family 

12 member.’’. 

13 (b) REPORT ON ELIMINATION OF THE ACCOUNTING

14 FORM.—The Commissioner shall— 

15 (1) conduct a study on the changes made by the 

16 amendments made by section 102 of the Strength17 ening Protections for Social Security Beneficiaries 

18 Act of 2017, which shall include the impact of such 

19 changes on families, beneficiaries, and the operations 

20 of the Social Security Administration; and 

21 (2) not later than January 1, 2021, submit a 

22 report on the results of such study to the Committee 

23 on Ways and Means of the House of Representatives 

24 and the Committee on Finance of the Senate. 


lotter on DSKBCFDHB2PROD with BILLS
24 

•HR 4547 IH

1 (c) REPORT ON THE ADVANCED DESIGNATION POL2 ICY.—The Commissioner shall— 

3 (1) conduct a study on the changes made by the 

4 amendments made by section 201 of the Strength5 ening Protections for Social Security Beneficiaries 

6 Act of 2017, which shall include the impact of such 

7 changes on beneficiaries and the operations of the 

8 Social Security Administration; and 

9 (2) not later than January 1, 2025, submit a 

10 report on the results of such study to the Committee 

11 on Ways and Means of the House of Representatives 

12 and the Committee on Finance of the Senate. 

13 TITLE II—IMPROVING PAYEE 

14 SELECTION AND QUALITY 

15 SEC. 201. ADVANCE DESIGNATION OF REPRESENTATIVE 

16 PAYEES. 

17 (a) IN GENERAL.—Section 205(j)(1) of the Social Se18 curity Act (42 U.S.C. 405(j)(1)) is amended by adding 

19 at the end the following: 

20 ‘‘(C)(i) An individual who is entitled to or is an appli21 cant for a benefit under this title, title VIII, or title XVI, 

22 who has attained 18 years of age or is an emancipated 

23 minor, may, at any time, designate one or more other indi24 viduals to serve as a representative payee for such indi25 vidual in the event that the Commissioner of Social SecuVerDate Sep 11 2014 02:26 Dec 12, 2017 Jkt 079200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H4547.IH H4547

lotter on DSKBCFDHB2PROD with BILLS
25 

•HR 4547 IH

1 rity determines under subparagraph (A) that the interest 

2 of such individual would be served by certification for pay3 ment of such benefits to which the individual is entitled 

4 to a representative payee. If the Commissioner of Social 

5 Security makes such a determination with respect to such 

6 individual at any time after such designation has been 

7 made, the Commissioner shall— 

8 ‘‘(I) certify payment of such benefits to the des9 ignated individual, subject to the requirements of 

10 paragraph (2); or 

11 ‘‘(II) if the Commissioner determines that cer12 tification for payment of such benefits to the des13 ignated individual would not satisfy the require14 ments of paragraph (2), that the designated indi15 vidual is unwilling or unable to serve as representa16 tive payee, or that other good cause exists, certify 

17 payment of such benefits to another individual or or18 ganization, in accordance with paragraph (1). 

19 ‘‘(ii) An organization may not be designated to serve 

20 as a representative payee under this subparagraph.’’. 

21 (b) EFFECTIVE DATE.—The amendment made by 

22 subsection (a) shall take effect on the date that is 2 years 

23 after the date of the enactment of this section. 

24 (c) REGULATIONS.—Not later than 18 months after 

25 the date of the enactment of this section, the CommisVerDate Sep 11 2014 00:07 Dec 12, 2017 Jkt 079200 PO 00000 Frm 00025 Fmt 6652 Sfmt 6201 E:\BILLS\H4547.IH H4547

lotter on DSKBCFDHB2PROD with BILLS
26 

•HR 4547 IH

1 sioner of Social Security shall promulgate regulations 

2 specifying the information an individual is required to pro3 vide to the Commissioner in order to designate another 

4 individual to serve as the individual’s representative payee 

5 under section 205(j)(1)(C) of the Social Security Act (as 

6 added by subsection (a)). 

7 (d) NOTIFICATION TO BENEFICIARIES.—Not later 

8 than January 1, 2020, and annually thereafter, the Com9 missioner of Social Security shall notify each individual 

10 entitled to a benefit under title II, VIII, or XVI of the 

11 Social Security Act of the name of any individual des12 ignated to serve as the individual’s representative payee 

13 under section 205(j)(1)(C) of such Act (as added by sub14 section (a)). 

15 SEC. 202. PROHIBITION ON INDIVIDUALS CONVICTED OF 

16 CERTAIN CRIMES SERVING AS REPRESENTA17 TIVE PAYEES. 

18 (a) AMENDMENTS TO TITLE II.—Section 205(j)(2) 

19 of the Social Security Act (42 U.S.C. 405(j)(2)) is amend20 ed— 

21 (1) in subparagraph (B)— 

22 (A) in clause (i)— 

23 (i) in subclause (V), by striking ‘‘and’’ 

24 at the end; 


lotter on DSKBCFDHB2PROD with BILLS
27 

•HR 4547 IH

1 (ii) in subclause (VI), by striking the 

2 period and inserting ‘‘, and’’; and 

3 (iii) by adding at the end the fol4 lowing: 

5 ‘‘(VII) determine whether such person has been 

6 convicted, under Federal or State law, of a felony 

7 provided under clause (iv), or of an attempt or a 

8 conspiracy to commit such a felony.’’; and 

9 (B) by adding at the end the following: 

10 ‘‘(iv) The felony crimes provided under this clause, 

11 whether an offense under State or Federal law, are the 

12 following: 

13 ‘‘(I) Human trafficking, including as prohibited 

14 under sections 1590 and 1591 of title 18, United 

15 States Code. 

16 ‘‘(II) False imprisonment, including as prohib17 ited under section 1201 of title 18, United States 

18 Code. 

19 ‘‘(III) Kidnapping, including as prohibited 

20 under section 1201 of title 18, United States Code. 

21 ‘‘(IV) Rape and sexual assault, including as 

22 prohibited under sections 2241, 2242, 2243, and 

23 2244 of title 18, United States Code. 


lotter on DSKBCFDHB2PROD with BILLS
28 

•HR 4547 IH

1 ‘‘(V) First-degree homicide, including as prohib2 ited under section 1111 of title 18, United States 

3 Code. 

4 ‘‘(VI) Robbery, including as prohibited under 

5 section 2111 of title 18, United States Code. 

6 ‘‘(VII) Fraud to obtain access to government 

7 assistance, including as prohibited under sections 

8 287, 1001, and 1343 of title 18, United States 

9 Code. 

10 ‘‘(VIII) Fraud by scheme, including as prohib11 ited under section 1343 of title 18, United States 

12 Code. 

13 ‘‘(IX) Theft of government funds or property, 

14 including as prohibited under section 641 of title 18, 

15 United States Code. 

16 ‘‘(X) Abuse or neglect, including as prohibited 

17 under sections 111, 113, 114, 115, 116, or 117 of 

18 title 18, United States Code. 

19 ‘‘(XI) Forgery, including as prohibited under 

20 section 642 and chapter 25 (except section 512) of 

21 title 18, United States Code. 

22 ‘‘(XII) Identity theft or identity fraud, includ23 ing as prohibited under sections 1028 and 1028A of 

24 title 18, United States Code. 


lotter on DSKBCFDHB2PROD with BILLS
29 

•HR 4547 IH

1 The Commissioner of Social Security may promulgate reg2 ulations to provide for additional felony crimes under this 

3 clause. 

4 ‘‘(v)(I) For the purpose of carrying out the activities 

5 required under subparagraph (B)(i) as part of the inves6 tigation under subparagraph (A)(i), the Commissioner 

7 may conduct a background check of any individual seeking 

8 to serve as a representative payee under this subsection 

9 and may disqualify from service as a representative payee 

10 any such individual who fails to grant permission for the 

11 Commissioner to conduct such a background check. 

12 ‘‘(II) The Commissioner may revoke certification of 

13 payment of benefits under this subsection to any indi14 vidual serving as a representative payee on or after Janu15 ary 1, 2019, who fails to grant permission for the Commis16 sioner to conduct such a background check.’’; and 

17 (2) in subparagraph (C)— 

18 (A) in clause (i)— 

19 (i) in subclause (IV), by striking ‘‘or’’ 

20 at the end; 

21 (ii) in subclause (V), by striking the 

22 period at the end and inserting ‘‘, or’’; and 

23 (iii) by adding at the end the fol24 lowing: 


lotter on DSKBCFDHB2PROD with BILLS
30 

•HR 4547 IH

1 ‘‘(VI) except as provided in clause (vi), such 

2 person has previously been convicted as described in 

3 subparagraph (B)(i)(VII).’’; and 

4 (B) by adding at the end the following: 

5 ‘‘(vi) The Commissioner of Social Security may grant 

6 an exemption from the provisions of clause (i)(VI), if the 

7 Commissioner determines that such exemption is in the 

8 best interest of the individual entitled to such benefits, to 

9 any person who— 

10 ‘‘(I) is the custodial parent of a minor child for 

11 whom the person applies to serve; 

12 ‘‘(II) is the custodial spouse of the beneficiary 

13 for whom the person applies to serve; 

14 ‘‘(III) is the custodial parent of a beneficiary 

15 who is under a disability (as defined in section 

16 223(d)) which began before the beneficiary attained 

17 the age of 22, for whom the person applies to serve; 

18 ‘‘(IV) is the custodial court appointed guardian 

19 of the beneficiary for whom the person applies to 

20 serve; 

21 ‘‘(V) is the custodial grandparent of a minor 

22 grandchild for whom the person applies to serve; 

23 ‘‘(VI) is the parent who was previously rep24 resentative payee for his or her minor child who has 


lotter on DSKBCFDHB2PROD with BILLS
31 

•HR 4547 IH

1 since turned 18 and continues to be eligible for such 

2 benefit; or 

3 ‘‘(VII) received a presidential or gubernatorial 

4 pardon for the relevant conviction.’’. 

5 (b) AMENDMENTS TO TITLE VIII.—Section 807 of 

6 the Social Security Act (42 U.S.C. 1007) is amended— 

7 (1) in subsection (b)— 

8 (A) in paragraph (2)— 

9 (i) in subparagraph (E), by striking 

10 ‘‘and’’ at the end; 

11 (ii) in subparagraph (F), by striking 

12 the period and inserting ‘‘, and’’; and 

13 (iii) by adding at the end the fol14 lowing: 

15 ‘‘(G) determine whether such person has 

16 been convicted, under Federal or State law, of 

17 a felony provided under paragraph (4), or of an 

18 attempt or a conspiracy to commit such a fel19 ony.’’; and 

20 (B) by adding at the end the following: 

21 ‘‘(4) The felony crimes provided under this 

22 paragraph, whether an offense under State or Fed23 eral law, are the following: 


lotter on DSKBCFDHB2PROD with BILLS
32 

•HR 4547 IH

1 ‘‘(A) Human trafficking, including as pro2 hibited under sections 1590 and 1591 of title 

3 18, United States Code. 

4 ‘‘(B) False imprisonment, including as 

5 prohibited under section 1201 of title 18, 

6 United States Code. 

7 ‘‘(C) Kidnapping, including as prohibited 

8 under section 1201 of title 18, United States 

9 Code. 

10 ‘‘(D) Rape and sexual assault, including as 

11 prohibited under sections 2241, 2242, 2243, 

12 and 2244 of title 18, United States Code. 

13 ‘‘(E) First-degree homicide, including as 

14 prohibited under section 1111 of title 18, 

15 United States Code. 

16 ‘‘(F) Robbery, including as prohibited 

17 under section 2111 of title 18, United States 

18 Code. 

19 ‘‘(G) Fraud to obtain access to government 

20 assistance, including as prohibited under sec21 tions 287, 1001, and 1343 of title 18, United 

22 States Code. 

23 ‘‘(H) Fraud by scheme, including as pro24 hibited under section 1343 of title 18, United 

25 States Code. 


lotter on DSKBCFDHB2PROD with BILLS
33 

•HR 4547 IH

1 ‘‘(I) Theft of government funds or prop2 erty, including as prohibited under section 641 

3 of title 18, United States Code. 

4 ‘‘(J) Abuse or neglect, including as prohib5 ited under sections 111, 113, 114, 115, 116, or 

6 117 of title 18, United States Code. 

7 ‘‘(K) Forgery, including as prohibited 

8 under section 642 and chapter 25 (except sec9 tion 512) of title 18, United States Code. 

10 ‘‘(L) Identity theft or identity fraud, in11 cluding as prohibited under sections 1028 and 

12 1028A of title 18, United States Code. 

13 The Commissioner of Social Security may promul14 gate regulations to provide for additional felony 

15 crimes under this clause. 

16 ‘‘(5)(A) For the purpose of carrying out the activities 

17 required under paragraph (2) as part of the investigation 

18 under paragraph (1)(A), the Commissioner may conduct 

19 a background check of any individual seeking to serve as 

20 a representative payee under this subsection and may dis21 qualify from service as a representative payee any such 

22 individual who fails to grant permission for the Commis23 sioner to conduct such a background check. 

24 ‘‘(B) The Commissioner may revoke certification of 

25 payment of benefits under this subsection to any indiVerDate Sep 11 2014 00:07 Dec 12, 2017 Jkt 079200 PO 00000 Frm 00033 Fmt 6652 Sfmt 6201 E:\BILLS\H4547.IH H4547

lotter on DSKBCFDHB2PROD with BILLS
34 

•HR 4547 IH

1 vidual serving as a representative payee on or after Janu2 ary 1, 2019 who fails to grant permission for the Commis3 sioner to conduct such a background check.’’; and 

4 (2) in subsection (d)— 

5 (A) in paragraph (1)— 

6 (i) in subparagraph (D), by striking 

7 ‘‘or’’ at the end; 

8 (ii) in subparagraph (E), by striking 

9 the period at the end and inserting ‘‘, or’’; 

10 and 

11 (iii) by adding at the end the fol12 lowing: 

13 ‘‘(F) except as provided in paragraph 

14 (2)(D), such person has previously been con15 victed as described in subsection (b)(2)(G).’’; 

16 and 

17 (B) in paragraph (2), by adding at the end 

18 the following: 

19 ‘‘(D) The Commissioner of Social Security 

20 may grant an exemption from the provisions of 

21 paragraph (1)(F), if the Commissioner deter22 mines that such exemption is in the best inter23 est of the individual entitled to such benefits, to 

24 any person who— 


lotter on DSKBCFDHB2PROD with BILLS
35 

•HR 4547 IH

1 ‘‘(i) is the custodial spouse of the ben2 eficiary for whom the person applies to 

3 serve; 

4 ‘‘(ii) is the custodial court appointed 

5 guardian of the beneficiary for whom the 

6 person applies to serve; or 

7 ‘‘(iii) received a presidential or guber8 natorial pardon for the relevant convic9 tion.’’. 

10 (c) AMENDMENTS TO TITLE XVI.—Section 

11 1631(a)(2)(B) of the Social Security Act (42 U.S.C. 

12 1383(a)(2)(B)) is amended— 

13 (1) in clause (ii)— 

14 (A) in subclause (V), by striking ‘‘and’’ at 

15 the end; 

16 (B) in subclause (VI), by striking the pe17 riod and inserting ‘‘, and’’; and 

18 (C) by adding at the end the following: 

19 ‘‘(VII) determine whether such person has been 

20 convicted, under Federal or State law, of a felony 

21 provided under clause (xv), or of an attempt or a 

22 conspiracy to commit such a felony.’’; 

23 (2) in clause (iii)— 

24 (A) in subclause (IV), by striking ‘‘or’’ at 

25 the end; 


lotter on DSKBCFDHB2PROD with BILLS
36 

•HR 4547 IH

1 (B) in subclause (V), by striking the period 

2 at the end and inserting ‘‘, or’’; and 

3 (C) by adding at the end the following: 

4 ‘‘(VI) except as provided in clause (xvii), such 

5 person has previously been convicted as described in 

6 clause (ii)(VII).’’; and 

7 (3) by adding at the end the following: 

8 ‘‘(xv) The felony crimes provided under this clause, 

9 whether an offense under State or Federal law, are the 

10 following: 

11 ‘‘(I) Human trafficking, including as prohibited 

12 under sections 1590 and 1591 of title 18, United 

13 States Code. 

14 ‘‘(II) False imprisonment, including as prohib15 ited under section 1201 of title 18, United States 

16 Code. 

17 ‘‘(III) Kidnapping, including as prohibited 

18 under section 1201 of title 18, United States Code. 

19 ‘‘(IV) Rape and sexual assault, including as 

20 prohibited under sections 2241, 2242, 2243, and 

21 2244 of title 18, United States Code. 

22 ‘‘(V) First-degree homicide, including as prohib23 ited under section 1111 of title 18, United States 

24 Code. 


lotter on DSKBCFDHB2PROD with BILLS
37 

•HR 4547 IH

1 ‘‘(VI) Robbery, including as prohibited under 

2 section 2111 of title 18, United States Code. 

3 ‘‘(VII) Fraud to obtain access to government 

4 assistance, including as prohibited under sections 

5 287, 1001, and 1343 of title 18, United States 

6 Code. 

7 ‘‘(VIII) Fraud by scheme, including as prohib8 ited under section 1343 of title 18, United States 

9 Code. 

10 ‘‘(IX) Theft of government funds or property, 

11 including as prohibited under section 641 of title 18, 

12 United States Code. 

13 ‘‘(X) Abuse or neglect, including as prohibited 

14 under sections 111, 113, 114, 115, 116, or 117 of 

15 title 18, United States Code. 

16 ‘‘(XI) Forgery, including as prohibited under 

17 section 642 and chapter 25 (except section 512) of 

18 title 18, United States Code. 

19 ‘‘(XII) Identity theft or identity fraud, includ20 ing as prohibited under sections 1028 and 1028A of 

21 title 18, United States Code. 

22 The Commissioner of Social Security may promulgate reg23 ulations to provide for additional felony crimes under this 

24 clause. 


lotter on DSKBCFDHB2PROD with BILLS
38 

•HR 4547 IH

1 ‘‘(xvi)(I) For the purpose of carrying out the activi2 ties required under clause (ii) as part of the investigation 

3 under clause (i)(I), the Commissioner may conduct a back4 ground check of any individual seeking to serve as a rep5 resentative payee under this subsection and may disqualify 

6 from service as a representative payee any such individual 

7 who fails to grant permission for the Commissioner to con8 duct such a background check. 

9 ‘‘(II) The Commissioner may revoke certification of 

10 payment of benefits under this subsection to any indi11 vidual serving as a representative payee on or after Janu12 ary 1, 2019, who fails to grant permission for the Commis13 sioner to conduct such a background check. 

14 ‘‘(xvii) The Commissioner of Social Security may 

15 grant an exemption from the provisions of clause (iii)(VI), 

16 if the Commissioner determines that such exemption is in 

17 the best interest of the individual entitled to such benefits, 

18 to any person who— 

19 ‘‘(I) is the custodial parent of a minor child for 

20 whom the person applies to serve; 

21 ‘‘(II) is the custodial spouse of the beneficiary 

22 for whom the person applies to serve; 

23 ‘‘(III) is the custodial parent of a beneficiary 

24 who is under a disability which began before the 


lotter on DSKBCFDHB2PROD with BILLS
39 

•HR 4547 IH

1 beneficiary attained the age of 22, for whom the per2 son applies to serve; 

3 ‘‘(IV) is the custodial court appointed guardian 

4 of the beneficiary for whom the person applies to 

5 serve; 

6 ‘‘(V) is the custodial grandparent of a minor 

7 grandchild for whom the person applies to serve; 

8 ‘‘(VI) is the parent who was previously rep9 resentative payee for his or her minor child who has 

10 since turned 18 and continues to be eligible for such 

11 benefit; or 

12 ‘‘(VII) received a presidential or gubernatorial 

13 pardon for the relevant conviction.’’. 

14 (d) APPLICATION TO NEW APPOINTMENTS.—Subject 

15 to subsection (e), the amendments made by subsections 

16 (a), (b), and (c) shall apply with respect to any individual 

17 appointed to serve as a representative payee pursuant to 

18 section 205(j), 807, or 1631(a)(2) of the Social Security 

19 Act on or after January 1, 2019. 

20 (e) APPLICATION TO PRIOR APPOINTMENTS.— 

21 (1) IN GENERAL.—Not later than January 1, 

22 2024, the Commissioner of Social Security shall con23 duct a review of each individual serving as a rep24 resentative payee pursuant to 205(j), 807, or 

25 1631(a)(2) of the Social Security Act, to determine 


lotter on DSKBCFDHB2PROD with BILLS
40 

•HR 4547 IH

1 whether such individual has been convicted of a fel2 ony as described in section 205(j)(2)(B)(i)(VII), 

3 807(b)(2)(G), or 1631(a)(2)(B)(ii)(VII), respectively 

4 (as such provisions are added by this section). Ex5 cept as provided in section 205(j)(2)(C)(vi), 

6 807(d)(2)(D), or 1631(a)(2)(B)(xvii) (as so added), 

7 any individual determined by the Commissioner to 

8 have been so convicted may not serve as a represent9 ative payee on or after the date of such determina10 tion. 

11 (2) PRIORITY.—In conducting reviews under 

12 paragraph (1), the Commissioner shall prioritize re13 views of the following categories of individuals, in 

14 the following order: 

15 (A) An individual serving as representative 

16 payee for 15 or more individuals. 

17 (B) An individual serving as representative 

18 payee for an individual who is not related to the 

19 representative payee. 

20 (C) An individual serving as representative 

21 payee for an individual who has attained the 

22 age of 18 and is not the spouse of the rep23 resentative payee. 

24 (f) PERIODIC REVIEW.—Not later than 1 year after 

25 the date of enactment of this section, the Commissioner 


lotter on DSKBCFDHB2PROD with BILLS
41 

•HR 4547 IH

1 of Social Security shall issue regulations to establish a 

2 process for reviewing each individual serving as a rep3 resentative payee pursuant to section 205(j), 807, or 

4 1631(a)(2) of the Social Security Act not less than once 

5 every 5 years to determine whether any such individual 

6 has been convicted of a felony as described in subsection 

7 (e)(1) of this section and is not subject to an exemption 

8 as described in such subsection. 

9 SEC. 203. PROHIBITION ON INDIVIDUALS WITH REP10 RESENTATIVE PAYEES SERVING AS REP11 RESENTATIVE PAYEES. 

12 (a) AMENDMENT TO TITLE II.—Section 

13 205(j)(2)(C)(i) of the Social Security Act (42 U.S.C. 

14 405(j)(2)(C)(i)), as amended by section 202(a)(2), is fur15 ther amended— 

16 (1) in subclause (V), by striking ‘‘or’’ at the 

17 end; 

18 (2) in subclause (VI), by striking the period 

19 and inserting ‘‘, or’’; and 

20 (3) by adding at the end the following: 

21 ‘‘(VII) such person’s benefits under this title, 

22 title VIII, or title XVI are certified for payment to 

23 a representative payee during the period for which 

24 the individual’s benefits would be certified for pay25 ment to another person.’’. 


lotter on DSKBCFDHB2PROD with BILLS
42 

•HR 4547 IH

1 (b) AMENDMENT TO TITLE VIII.—Section 807(d)(1) 

2 of the Social Security Act (42 U.S.C. 1007(d)(1)), as 

3 amended by section 202(b)(2), is further amended— 

4 (1) in subparagraph (E), by striking ‘‘or’’ at 

5 the end; 

6 (2) in subparagraph (F), by striking the period 

7 and inserting ‘‘, or’’; and 

8 (3) by adding at the end the following: 

9 ‘‘(G) such person’s benefits under this 

10 title, title II, or title XVI are certified for pay11 ment to a representative payee during the pe12 riod for which the individual’s benefits would be 

13 certified for payment to another person.’’. 

14 (c) AMENDMENT TO TITLE XVI.—Section 

15 1631(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 

16 1383(a)(2)(B)(iii)), as amended by section 202(c)(2), is 

17 further amended— 

18 (1) in subclause (V), by striking ‘‘or’’ at the 

19 end; 

20 (2) in subclause (VI), by striking the period 

21 and inserting ‘‘, or’’; and 

22 (3) by adding at the end the following: 

23 ‘‘(VII) such person’s benefits under this title, 

24 title II, or title VIII are certified for payment to a 

25 representative payee during the period for which the 


lotter on DSKBCFDHB2PROD with BILLS
43 

•HR 4547 IH

1 individual’s benefits would be certified for payment 

2 to another person.’’. 

3 (d) EFFECTIVE DATE.— 

4 (1) NEW APPOINTMENTS.—Subject to para5 graph (2), the amendments made by this section 

6 shall apply with respect to any individual appointed 

7 to serve as a representative payee under title II, title 

8 VIII, or title XVI of the Social Security Act on or 

9 after January 1, 2019. 

10 (2) PRIOR APPOINTMENTS.—With respect to in11 dividuals serving as a representative payee whose 

12 benefits under this title, title VIII, or title XVI are 

13 certified for payment to another representative payee 

14 as of January 1, 2019, the Commissioner shall take 

15 any steps necessary to terminate such individual’s 

16 service as a representative payee as soon as possible, 

17 but no later than January 1, 2024. 

18 SEC. 204. REASSESSMENT OF PAYEE SELECTION AND RE19 PLACEMENT POLICIES. 

20 (a) IN GENERAL.—The Commissioner of Social Secu21 rity shall conduct, with opportunity for public comment, 

22 a review and reassessment of— 

23 (1) the appropriateness of its order of pref24 erence for selecting representative payees, including 


lotter on DSKBCFDHB2PROD with BILLS
44 

•HR 4547 IH

1 payees who may be creditors of the beneficiary or 

2 who are private, for-profit institutions; and 

3 (2) the effectiveness of its policy and oper4 ational procedures in properly determining when to 

5 change a representative payee, including— 

6 (A) from a payee that has a higher order 

7 of preference (such as a family member) to a 

8 payee that has a lower order of preference 

9 (such as a creditor); or 

10 (B) when a request to change payees arises 

11 from someone other than the beneficiary. 

12 (b) REPORT.—Not later than 18 months after the 

13 date of the enactment of this Act, the Commissioner of 

14 Social Security shall submit to the Committee on Ways 

15 and Means of the House of Representatives and the Com16 mittee on Finance of the Senate and make publicly avail17 able a report on the results of the review and reassessment 

18 under subsection (a). 

Æ 


lotter on DSKBCFDHB2PROD with BILLS