H. R. 4547 

One Hundred Fifteenth Congress 

of the 

United States of America 

AT THE SECOND SESSION 

Begun and held at the City of Washington on Wednesday, 

the third day of January, two thousand and eighteen 

An Act 

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

the representative payment program. 

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 ‘‘Strengthening Protections for 

Social Security Beneficiaries Act of 2018’’. 

SEC. 2. TABLE OF CONTENTS. 

The table of contents for this Act is as follows: 

Sec. 1. Short title. 

Sec. 2. Table of contents. 

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. 

TITLE I—STRENGTHENING OVERSIGHT 

AND BENEFICIARY PROTECTION 

SEC. 101. STRONGER MONITORING OF REPRESENTATIVE PAYEES. 

(a) PROTECTION AND ADVOCACY FOR BENEFICIARIES WITH REP- RESENTATIVE PAYEES.—Section 205(j)(6) of the Social Security Act 

(42 U.S.C. 405(j)(6)) is amended by adding at the end the following: 

‘‘(C)(i) The Commissioner of Social Security shall make annual 

grants directly to the protection and advocacy system serving each 

of the States and the American Indian consortium for the purpose 

of conducting reviews of representative payees in accordance with 

this subparagraph. The total amount used by the Commissioner 

for such grants each year— 

‘‘(I) shall be an amount sufficient, as determined by the 

Commissioner in consultation with each of the protection and 

advocacy systems, to carry out all of the activities described 

in clause (ii); and 
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‘‘(II) shall not be less than $25,000,000. 

‘‘(ii) A protection and advocacy system awarded a grant under 

this subparagraph shall use the grant funds to— 

‘‘(I) conduct all periodic onsite reviews pursuant to this 

paragraph and such other reviews of representative payees 

as the Commissioner may request, including reviews conducted 

in response to allegations or concerns about the performance 

or suitability of the payee; 

‘‘(II) conduct additional reviews that the protection and 

advocacy system has reason to believe are warranted; 

‘‘(III) develop corrective action plans to assist representative payees in conforming to requirements specified by the 

Commissioner; 

‘‘(IV) submit a report to the Commissioner on each completed review containing such information as the Commissioner 

shall require; and 

‘‘(V) conduct an initial onsite assessment of any organization that begins collecting a fee for its services as a representative payee to ensure that such organization is established as 

such a representative payee in accordance with requirements 

specified by the Commissioner. 

A protection and advocacy system may refer beneficiaries to other 

programs or services as the protection and advocacy system considers appropriate. 

‘‘(iii) To be eligible to receive grants under this section, a 

protection and advocacy system shall submit an initial application 

to the Commissioner at such time, in such form and manner, 

and accompanied by such information and assurances as the 

Commissioner may require. 

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

that any funds used for grants under clause (i) shall be allocated 

to the protection and advocacy systems serving each of the States 

and the American Indian consortium in a manner such that the 

amount provided to each protection and advocacy system bears 

the same ratio to the total of such funds as the number of represented beneficiaries in the State or American Indian consortium 

in which such protection and advocacy system is located bears 

to the total number of represented beneficiaries. 

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

advocacy system under clause (i) shall— 

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

serving American Samoa, Guam, the United States Virgin 

Islands, or the Commonwealth of the Northern Mariana 

Islands, or the American Indian consortium, not be less than 

$30,000; and 

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

serving any other State, not be less than $60,000. 

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

through a grant under clause (i) for a 1-year period shall remain 

available through the end of the following 1-year period. 

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

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

or title XVI; and 

‘‘(bb) whose benefits have been certified for payment to 

a representative payee. 
H. R. 4547—3 

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

amount equal to 4 percent of the total amount of grants awarded 

each year under clause (i), to an eligible national association for 

the provision of training and technical assistance, administrative 

support, and data collection services to protection and advocacy 

systems in connection with grants awarded under clause (i). 

‘‘(II) In this clause, the term ‘eligible national association’ means 

a national disability association with extensive knowledge and demonstrated experience in providing training, technical assistance, 

and administrative oversight to protection and advocacy systems 

that monitor representative payees. 

‘‘(vi) In conducting reviews under this section, a protection 

and advocacy system shall have the same authorities, including 

access to records, facilities, and persons, as such system would 

have for purposes of providing services under subtitle C of title 

I of the Developmental Disabilities Assistance and Bill of Rights 

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

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

by any percentage effective with any month after November 2018 

as a result of a determination made under section 215(i), each 

of the dollar amounts specified in clauses (i)(II) and (iv)(II) shall 

be increased by the same percentage. 

‘‘(viii) No additional funds are authorized to be appropriated 

to carry out the requirements of this subparagraph. Such requirements shall be carried out using amounts otherwise authorized. 

‘‘(ix) In this subparagraph: 

‘‘(I) The term ‘American Indian consortium’ means a consortium established under subtitle C of title I of the Developmental 

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

15041 et seq.). 

‘‘(II) The term ‘protection and advocacy system’ means a 

protection and advocacy system established under subtitle C 

of title I of the Developmental Disabilities Assistance and Bill 

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

‘‘(III) The term ‘State’ means the several States of the 

United States, the District of Columbia, the Commonwealth 

of Puerto Rico, the United States Virgin Islands, Guam, American Samoa, and the Commonwealth of the Northern Mariana 

Islands.’’. 

(b) EXPANSION OF PERIODIC ONSITE REVIEW REQUIREMENTS.— 

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

is amended— 

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

(2) in clause (iii), by striking the period and inserting 

‘‘; or’’; 

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

‘‘(iv) the representative payee collects a fee for its services.’’; 

and 

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

(3)) the following flush text: 

‘‘The Commissioner shall also conduct periodic onsite reviews of 

individual and organizational payees, including payees who are 

related to the beneficiary and primarily reside in the same household, selected on the basis of risk-factors for potential misuse or 

unsuitability associated with such payees or beneficiaries.’’. 

(c) AVAILABILITY OF GRANT FUNDS.— 
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(1) PROTECTION AND ADVOCACY SYSTEM GRANTS.—Grants 

described under clause (i) of subparagraph (C) of section 

205(j)(6) of the Social Security Act (as added by subsection 

(a)) shall be awarded on August 1, 2018, and annually thereafter, and funds provided by such grants to a protection and 

advocacy system may be used to reimburse the protection and 

advocacy system for amounts expended by the protection and 

advocacy system during the period beginning on May 1, 2018, 

and ending on such date for hiring and start-up costs in 

preparation to carry out reviews of representative payees in 

accordance with such subparagraph. 

(2) NATIONAL ASSOCIATION GRANTS.—Grants described 

under clause (v) of such subparagraph shall be awarded on 

May 1, 2018, and annually thereafter. 

SEC. 102. REDUCING THE BURDEN ON FAMILIES. 

(a) TITLE II.—Section 205(j)(3) of the Social Security Act (42 

U.S.C. 405(j)(3)) is amended— 

(1) by redesignating subparagraphs (D) through (G) as 

subparagraphs (E) through (H), respectively; 

(2) by inserting after subparagraph (C) the following: 

‘‘(D)(i) Subparagraph (A) shall not apply in any case 

where the other person to whom such payment is made 

is— 

‘‘(I) a parent, or other individual who is a 

legal guardian of, a minor child entitled to such 

payment who primarily resides in the same household; 

‘‘(II) a parent of an individual entitled to such 

payment who is under a disability (as defined in 

section 223(d)) who primarily resides in the same 

household; or 

‘‘(III) the spouse of the individual entitled to 

such payment. 

‘‘(ii) The Commissioner of Social Security shall establish and implement procedures as necessary for the 

Commissioner to determine the eligibility of such parties 

for the exemption provided in clause (i). The Commissioner 

shall prescribe such regulations as may be necessary to 

determine eligibility for such exemption.’’; 

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

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

(4) in subparagraph (F) (as so redesignated), by striking 

‘‘(D)’’ each place it appears and inserting ‘‘(E)’’. 

(b) TITLE VIII.—Section 807(h) of the Social Security Act (42 

U.S.C. 1007(h)) is amended— 

(1) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and 

(2) by inserting after paragraph (2) the following: 

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

the other person to whom such payment is made is the spouse 

of the individual entitled to such payment. 

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

and implement procedures as necessary for the Commissioner 

to determine the eligibility of such parties for the exemption 
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provided in subparagraph (A). The Commissioner shall prescribe such regulations as may be necessary to determine eligibility for such exemption.’’. 

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

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

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

and (vi), respectively; 

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

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

representative payee is— 

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

guardian of, a minor child entitled to such payment who 

primarily resides in the same household; 

‘‘(bb) a parent of an individual entitled to such payment 

who is under a disability who primarily resides in the 

same household; or 

‘‘(cc) the spouse of the individual entitled to such payment. 

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

and implement procedures as necessary for the Commissioner 

to determine the eligibility of such parties for the exemption 

provided in subclause (I). The Commissioner shall prescribe 

such regulations as may be necessary to determine eligibility 

for such exemption.’’; 

(3) in clause (v) (as so redesignated), by striking ‘‘and 

(iii)’’ and inserting ‘‘(iii), and (iv)’’; and 

(4) in clause (vi) (as so redesignated), by striking ‘‘(iv)’’ 

each time it appears and inserting ‘‘(v)’’. 

(d) EFFECTIVE DATE.—The amendments made by this section 

shall take effect on the date of the enactment of this Act. 

SEC. 103. PROTECTING BENEFICIARIES THROUGH INFORMATION 

SHARING. 

(a) INFORMATION SHARING TO DETERMINE STATE FOSTER CARE

STATUS.— 

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

(42 U.S.C. 405(j)) is amended by adding at the end the following: 

‘‘(11)(A) The Commissioner of Social Security shall— 

‘‘(i) enter into agreements with each State with a plan 

approved under part E of title IV for the purpose of sharing 

and matching data, on an automated monthly basis, in the 

system of records of the Social Security Administration with 

each Statewide and Tribal Automated Child Welfare Information System to identify represented minor beneficiaries who 

are in foster care under the responsibility of the State for 

such month; and 

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

has entered or exited foster care or changed foster care placement in such month, redetermine the appropriate representative payee for such individual. 

‘‘(B) For purposes of this paragraph— 

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

for purposes of part E of title IV; 

‘‘(ii) the term ‘Statewide and Tribal Automated Child Welfare Information System’ means a statewide mechanized data 

collection and information retrieval system described in section 

474(a)(3)(C); and 
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‘‘(iii) the term ‘represented minor beneficiary’, with respect 

to an individual for a month, means a child (as defined for 

purposes of section 475(8)) entitled to benefits under this title 

for such month whose benefits are certified for payment to 

a representative payee.’’. 

(2) CONFORMING CHANGE.—Section 471(a)(8)(A) of the 

Social Security Act (42 U.S.C. 671(a)(8)(A)) is amended by 

inserting ‘‘the program established by title II,’’ after ‘‘XX,’’. 

(3) GAO STUDY AND REPORT.— 

(A) EVALUATION.—As soon as possible after the date 

of the enactment of this Act, the Comptroller General shall 

evaluate— 

(i) the number of represented minor beneficiaries 

in foster care under the responsibility of a State for 

each month during the previous year; 

(ii) whether the representative payee for each represented minor beneficiary is— 

(I) a governmental child welfare agency; 

(II) an organizational payee that is not a 

governmental child welfare agency; 

(III) a foster parent or child-care institution 

(within the meaning of part E of title IV); or 

(IV) another individual; and 

(iii) whether funds were conserved, used for direct 

expenses of the minor beneficiary, or used to reimburse 

the State for foster care maintenance costs. 

(B) REPORT TO CONGRESS.—Not later than 36 months 

after the date of enactment of this Act, the Comptroller 

General shall submit to Congress a report on the results 

of the evaluation required under subparagraph (A). 

(C) DEFINITIONS.—For purposes of this paragraph— 

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

term for purposes of part E of title IV of the Social 

Security Act; and 

(ii) the term ‘‘represented minor beneficiary’’, with 

respect to an individual for a month, means a child 

(as defined for purposes of section 475(8) of the Social 

Security Act) entitled to benefits under title II of such 

Act for such month whose benefits are certified for 

payment to a representative payee. 

(4) EFFECTIVE DATE.— 

(A) IN GENERAL.—The amendments made by this subsection shall apply with respect to months beginning on 

or after the date that is 1 year after the date of the 

enactment of this Act. 

(B) EXCEPTION IF STATE LEGISLATION REQUIRED.—In 

the case of a State plan under part E of title IV of the 

Social Security Act that the Secretary of Health and 

Human Services determines requires State legislation 

(other than legislation appropriating funds) in order for 

the plan to meet the additional requirement imposed by 

the amendments made under this subsection, such plan 

shall not be regarded as failing to comply with the requirements of such title solely on the basis of its failure to 

meet this additional requirement before the first day of 

the first calendar quarter beginning after the close of the 

first regular session of the State legislature that begins 
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after the date of the enactment of this Act. For purposes 

of the previous sentence, in the case of a State that has 

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

be deemed to be a separate regular session of the State 

legislature. 

(b) IMPROVING COORDINATION WITH ADULT PROTECTIVE SERVICES.— 

(1) IN GENERAL.—The Commissioner of Social Security shall 

study and test the administrative feasibility of improving 

information sharing, in partnership with State agencies that 

provide adult protective services, with respect to— 

(A) the assessment of an individual’s need for a representative payee in connection with benefits to which the 

individual is entitled under title II or title XVI of the 

Social Security Act; and 

(B) oversight of individuals and organizations serving 

as representative payees. 

(2) REPORT.—Not later than June 30, 2022, the Commissioner of Social Security shall conclude the study described 

in paragraph (1) and submit to the Committee on Ways and 

Means of the House of Representatives and the Committee 

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

(c) STUDY ON POTENTIAL TO COORDINATE WITH STATE

COURTS.— 

(1) IN GENERAL.—The Commissioner of Social Security shall 

enter into an agreement with the Administrative Conference 

of the United States to conduct a study that includes— 

(A) an overview of potential opportunities for information sharing between the Social Security Administration 

and State courts and relevant State agencies; 

(B) a detailed analysis of the barriers to such information sharing, including any Federal or State statutory barriers; 

(C) a description of how such information sharing 

would be implemented, including any additional infrastructure needed; and 

(D) a description of any risks or other factors that 

the Social Security Administration and the Congress should 

consider before implementing such information sharing. 

(2) REPORT.—Not later than June 30, 2020, the Commissioner of Social Security shall submit to the Committee on 

Ways and Means of the House of Representatives and the 

Committee on Finance of the Senate and make publicly available a report on the results of the study conducted under 

paragraph (1). 

SEC. 104. CLARIFYING OVERPAYMENT LIABILITY FOR CHILD IN CHILD 

WELFARE SYSTEM. 

(a) AMENDMENT TO TITLE II.—Section 204(a) of the Social Security Act (42 U.S.C. 404(a)) is amended by adding at the end the 

following: 

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

is made on behalf of an individual who is a represented minor 

beneficiary for a month in which such individual is in foster care 

under the responsibility of a State and the State is the representative payee of such individual, the State shall be liable for the 

repayment of the overpayment, and there shall be no adjustment 
H. R. 4547—8 

of payments to, or recovery by the United States from, such individual. 

‘‘(B) For purposes of this paragraph, the term ‘represented 

minor beneficiary’ has the meaning given such term in subsection 

(j)(11)(B)(iii).’’. 

(b) AMENDMENT TO TITLE XVI.—Section 1631(b) of the Social 

Security Act (42 U.S.C. 1683(b)) is amended— 

(1) by redesignating paragraphs (3) through (7) as paragraphs (4) through (8), respectively; and 

(2) by inserting after paragraph (2) the following: 

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

is made on behalf of an individual who is a represented minor 

beneficiary for a month in which such individual is in foster care 

under the responsibility of a State and the State is the representative payee of such individual, the State shall be liable for the 

repayment of the overpayment, and there shall be no adjustment 

of payments to, or recovery by the United States from, such individual. 

‘‘(B) For purposes of this paragraph, the term ‘represented 

minor beneficiary’, with respect to an individual for a month, means 

a child (as defined for purposes of section 475(8)) entitled to benefits 

under this title for such month whose benefits are certified for 

payment to a representative payee.’’. 

(c) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall apply with respect to overpayment determinations made on 

or after the date of the enactment of this Act and to any other 

overpaid amounts that have not been recovered as of such date. 

SEC. 105. REPORTS. 

(a) REPORT ON BENEFITS MISUSED.—Section 205(j) of the Social 

Security Act (42 U.S.C. 405(j)), as amended by section 103(a), is 

further amended— 

(1) in paragraph (6)— 

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

addition to’’; and 

(B) by striking subparagraph (B); and 

(2) by adding at the end the following: 

‘‘(12)(A) Not later than January 31 of each fiscal year, the 

Commissioner shall submit to the Committee on Ways and Means 

of the House of Representatives and the Committee on Finance 

of the Senate a report on the total number of individuals entitled 

to benefits under titles II, VIII, and XVI, respectively, (and the 

number of individuals concurrently entitled to benefits under more 

than one such title) who have a representative payee, the total 

number of such representative payees, and the results of all reviews 

of representative payees conducted during the previous fiscal year 

in connection with benefits under this title, title VIII, or title 

XVI. Such report shall summarize problems identified in such 

reviews and corrective actions taken or planned to be taken to 

correct such problems, and shall include— 

‘‘(i) the number of such reviews; 

‘‘(ii) the results of such reviews; 

‘‘(iii) the number of cases in which the representative payee 

was changed and why; 

‘‘(iv) the number of reviews conducted in response to allegations or concerns about the performance or suitability of the 

payee; 
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‘‘(v) the number of cases discovered in which there was 

a misuse of funds, and the total dollar amount of benefits 

determined by the Commissioner during such fiscal year to 

have been misused by a representative payee (regardless of 

the fiscal year in which such misuse occurred); 

‘‘(vi) the number of cases discovered in which such misuse 

of funds resulted from the negligent failure of the Commissioner 

to investigate or monitor a representative payee; 

‘‘(vii) the final disposition of such cases of misuse of funds, 

including— 

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

imposed; 

‘‘(II) the total dollar amount of misused benefits repaid 

to beneficiaries and alternative representative payees 

under each of— 

‘‘(aa) paragraph (5) (on the basis of a negligent 

failure of the Commissioner described in such paragraph); 

‘‘(bb) paragraph (5) (on any other basis); and 

‘‘(cc) paragraph (7); 

‘‘(III) the total dollar amount of misused benefits recovered under each of— 

‘‘(aa) paragraph (5); and 

‘‘(bb) paragraph (7); 

‘‘(viii) any updates to prior year reports necessary to reflect 

subsequent recoveries and repayments pertaining to misuse 

determinations made in prior years; and 

‘‘(ix) such other information as the Commissioner deems 

appropriate. 

‘‘(B) Each report required under this paragraph for a fiscal 

year shall include the information described in clauses (i) through 

(ix) of subparagraph (A) with respect to— 

‘‘(i) all representative payees reviewed during such fiscal 

year; 

‘‘(ii) all such representative payees that are organizations, 

separated by whether such organization collects a fee for its 

services as a representative payee; 

‘‘(iii) all such representative payees that are individuals 

serving 15 or more individuals; and 

‘‘(iv) all such representative payees that are individuals 

serving less than 15 individuals, separated by whether such 

representative payee is a family member.’’. 

(b) REPORT ON ELIMINATION OF THE ACCOUNTING FORM.—The 

Commissioner shall— 

(1) conduct a study on the changes made by the amendments made by section 102 of the Strengthening Protections 

for Social Security Beneficiaries Act of 2018, which shall include 

the impact of such changes on families, beneficiaries, and the 

operations of the Social Security Administration; and 

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

the results of such study to the Committee on Ways and Means 

of the House of Representatives and the Committee on Finance 

of the Senate. 

(c) REPORT ON THE ADVANCED DESIGNATION POLICY.—The 

Commissioner shall— 

(1) conduct a study on the changes made by the amendments made by section 201 of the Strengthening Protections 
H. R. 4547—10 

for Social Security Beneficiaries Act of 2018, which shall include 

the impact of such changes on beneficiaries and the operations 

of the Social Security Administration; and 

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

the results of such study to the Committee on Ways and Means 

of the House of Representatives and the Committee on Finance 

of the Senate. 

TITLE II—IMPROVING PAYEE 

SELECTION AND QUALITY 

SEC. 201. ADVANCE DESIGNATION OF REPRESENTATIVE PAYEES. 

(a) IN GENERAL.—Section 205(j)(1) of the Social Security Act 

(42 U.S.C. 405(j)(1)) is amended by adding at the end the following: 

‘‘(C)(i) An individual who is entitled to or is an applicant for 

a benefit under this title, title VIII, or title XVI, who has attained 

18 years of age or is an emancipated minor, may, at any time, 

designate one or more other individuals to serve as a representative 

payee for such individual in the event that the Commissioner of 

Social Security determines under subparagraph (A) that the interest 

of such individual would be served by certification for payment 

of such benefits to which the individual is entitled to a representative payee. If the Commissioner of Social Security makes such 

a determination with respect to such individual at any time after 

such designation has been made, the Commissioner shall— 

‘‘(I) certify payment of such benefits to the designated 

individual, subject to the requirements of paragraph (2); or 

‘‘(II) if the Commissioner determines that certification for 

payment of such benefits to the designated individual would 

not satisfy the requirements of paragraph (2), that the designated individual is unwilling or unable to serve as representative payee, or that other good cause exists, certify payment 

of such benefits to another individual or organization, in accordance with paragraph (1). 

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

representative payee under this subparagraph.’’. 

(b) EFFECTIVE DATE.—The amendment made by subsection (a) 

shall take effect on the date that is 2 years after the date of 

the enactment of this section. 

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

of the enactment of this section, the Commissioner of Social Security 

shall promulgate regulations specifying the information an individual is required to provide to the Commissioner in order to 

designate another individual to serve as the individual’s representative payee under section 205(j)(1)(C) of the Social Security Act 

(as added by subsection (a)). 

(d) NOTIFICATION TO BENEFICIARIES.—Not later than January 

1, 2020, and annually thereafter, the Commissioner of Social Security shall notify each individual entitled to a benefit under title 

II, VIII, or XVI of the Social Security Act of the name of any 

individual designated to serve as the individual’s representative 

payee under section 205(j)(1)(C) of such Act (as added by subsection 

(a)). 
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SEC. 202. PROHIBITION ON INDIVIDUALS CONVICTED OF CERTAIN 

CRIMES SERVING AS REPRESENTATIVE PAYEES. 

(a) AMENDMENTS TO TITLE II.—Section 205(j)(2) of the Social 

Security Act (42 U.S.C. 405(j)(2)) is amended— 

(1) in subparagraph (B)— 

(A) in clause (i)— 

(i) in subclause (V), by striking ‘‘and’’ at the end; 

(ii) in subclause (VI), by striking the period and 

inserting ‘‘, and’’; and 

(iii) by adding at the end the following: 

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

(and not subsequently exonerated), under Federal or State law, 

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

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

(B) by adding at the end the following: 

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

an offense under State or Federal law, are the following: 

‘‘(I) Human trafficking, including as prohibited under sections 1590 and 1591 of title 18, United States Code. 

‘‘(II) False imprisonment, including as prohibited under 

section 1201 of title 18, United States Code. 

‘‘(III) Kidnapping, including as prohibited under section 

1201 of title 18, United States Code. 

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

under sections 2241, 2242, 2243, and 2244 of title 18, United 

States Code. 

‘‘(V) First-degree homicide, including as prohibited under 

section 1111 of title 18, United States Code. 

‘‘(VI) Robbery, including as prohibited under section 2111 

of title 18, United States Code. 

‘‘(VII) Fraud to obtain access to government assistance, 

including as prohibited under sections 287, 1001, and 1343 

of title 18, United States Code. 

‘‘(VIII) Fraud by scheme, including as prohibited under 

section 1343 of title 18, United States Code. 

‘‘(IX) Theft of government funds or property, including as 

prohibited under section 641 of title 18, United States Code. 

‘‘(X) Abuse or neglect, including as prohibited under sections 111, 113, 114, 115, 116, or 117 of title 18, United States 

Code. 

‘‘(XI) Forgery, including as prohibited under section 642 

and chapter 25 (except section 512) of title 18, United States 

Code. 

‘‘(XII) Identity theft or identity fraud, including as prohibited under sections 1028 and 1028A of title 18, United States 

Code. 

The Commissioner of Social Security may promulgate regulations 

to provide for additional felony crimes under this clause. 

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

under subparagraph (B)(i) as part of the investigation under 

subparagraph (A)(i), the Commissioner may conduct a background 

check of any individual seeking to serve as a representative payee 

under this subsection and may disqualify from service as a representative payee any such individual who fails to grant permission 

for the Commissioner to conduct such a background check. 

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

of benefits under this subsection to any individual serving as a 
H. R. 4547—12 

representative payee on or after January 1, 2019 who fails to 

grant permission for the Commissioner to conduct such a background check.’’; and 

(2) in subparagraph (C)— 

(A) in clause (i)— 

(i) in subclause (IV), by striking ‘‘or’’ at the end; 

(ii) in subclause (V), by striking the period at the 

end and inserting ‘‘, or’’; and 

(iii) by adding at the end the following: 

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

previously been convicted (and not subsequently exonerated) 

as described in subparagraph (B)(i)(VII).’’; and 

(B) by adding at the end the following: 

‘‘(vi)(I) With respect to any person described in subclause (II)— 

‘‘(aa) subparagraph (B)(i)(VII) shall not apply; and 

‘‘(bb) the Commissioner may grant an exemption from the 

provisions of clause (i)(VI) if the Commissioner determines that 

such exemption is in the best interest of the individual entitled 

to benefits. 

‘‘(II) A person is described in this subclause if the person— 

‘‘(aa) is the custodial parent of a minor child for whom 

the person applies to serve; 

‘‘(bb) is the custodial spouse of the beneficiary for whom 

the person applies to serve; 

‘‘(cc) is the custodial parent of a beneficiary who is under 

a disability (as defined in section 223(d)) which began before 

the beneficiary attained the age of 22, for whom the person 

applies to serve; 

‘‘(dd) is the custodial court appointed guardian of the beneficiary for whom the person applies to serve; 

‘‘(ee) is the custodial grandparent of a minor grandchild 

for whom the person applies to serve; 

‘‘(ff) is the parent who was previously representative payee 

for his or her minor child who has since turned 18 and continues 

to be eligible for such benefit; or 

‘‘(gg) received a presidential or gubernatorial pardon for 

the relevant conviction.’’. 

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

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

(1) in subsection (b)— 

(A) in paragraph (2)— 

(i) in subparagraph (E), by striking ‘‘and’’ at the 

end; 

(ii) in subparagraph (F), by striking the period 

and inserting ‘‘, and’’; and 

(iii) by adding at the end the following: 

‘‘(G) determine whether such person has been convicted 

(and not subsequently exonerated), under Federal or State 

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

attempt or a conspiracy to commit such a felony.’’; and 

(B) by adding at the end the following: 

‘‘(4) The felony crimes provided under this paragraph, 

whether an offense under State or Federal law, are the following: 

‘‘(A) Human trafficking, including as prohibited under 

sections 1590 and 1591 of title 18, United States Code. 
H. R. 4547—13 

‘‘(B) False imprisonment, including as prohibited under 

section 1201 of title 18, United States Code. 

‘‘(C) Kidnapping, including as prohibited under section 

1201 of title 18, United States Code. 

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

under sections 2241, 2242, 2243, and 2244 of title 18, 

United States Code. 

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

under section 1111 of title 18, United States Code. 

‘‘(F) Robbery, including as prohibited under section 

2111 of title 18, United States Code. 

‘‘(G) Fraud to obtain access to government assistance, 

including as prohibited under sections 287, 1001, and 1343 

of title 18, United States Code. 

‘‘(H) Fraud by scheme, including as prohibited under 

section 1343 of title 18, United States Code. 

‘‘(I) Theft of government funds or property, including 

as prohibited under section 641 of title 18, United States 

Code. 

‘‘(J) Abuse or neglect, including as prohibited under 

sections 111, 113, 114, 115, 116, or 117 of title 18, United 

States Code. 

‘‘(K) Forgery, including as prohibited under section 

642 and chapter 25 (except section 512) of title 18, United 

States Code. 

‘‘(L) Identity theft or identity fraud, including as 

prohibited under sections 1028 and 1028A of title 18, 

United States Code. 

The Commissioner of Social Security may promulgate regulations to provide for additional felony crimes under this clause. 

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

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

(1)(A), the Commissioner may conduct a background check of any 

individual seeking to serve as a representative payee under this 

subsection and may disqualify from service as a representative 

payee any such individual who fails to grant permission for the 

Commissioner to conduct such a background check. 

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

of benefits under this subsection to any individual serving as a 

representative payee on or after January 1, 2019 who fails to 

grant permission for the Commissioner to conduct such a background check.’’; and 

(2) in subsection (d)— 

(A) in paragraph (1)— 

(i) in subparagraph (D), by striking ‘‘or’’ at the 

end; 

(ii) in subparagraph (E), by striking the period 

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

(iii) by adding at the end the following: 

‘‘(F) except as provided in paragraph (2)(D), such person has previously been convicted (and not subsequently 

exonerated) as described in subsection (b)(2)(G).’’; and 

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

‘‘(D)(i) With respect to any person described in clause (II)— 

‘‘(I) subsection (b)(2)(G) shall not apply; and 

‘‘(II) the Commissioner may grant an exemption from the provisions of paragraph (1)(F) if the Commissioner determines that such 
H. R. 4547—14 

exemption is in the best interest of the individual entitled to benefits. 

‘‘(ii) A person is described in this clause if the person— 

‘‘(I) is the custodial spouse of the beneficiary for whom the 

person applies to serve; 

‘‘(II) is the custodial court appointed guardian of the beneficiary 

for whom the person applies to serve; or 

‘‘(III) received a presidential or gubernatorial pardon for the 

relevant conviction.’’. 

(c) AMENDMENTS TO TITLE XVI.—Section 1631(a)(2)(B) of the 

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

(1) in clause (ii)— 

(A) in subclause (V), by striking ‘‘and’’ at the end; 

(B) in subclause (VI), by striking the period and 

inserting ‘‘, and’’; and 

(C) by adding at the end the following: 

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

(and not subsequently exonerated), under Federal or State law, 

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

a conspiracy to commit such a felony.’’; 

(2) in clause (iii)— 

(A) in subclause (IV), by striking ‘‘or’’ at the end; 

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

end and inserting ‘‘, or’’; and 

(C) by adding at the end the following: 

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

previously been convicted (and not subsequently exonerated) 

as described in clause (ii)(VII).’’; and 

(3) by adding at the end the following: 

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

an offense under State or Federal law, are the following: 

‘‘(I) Human trafficking, including as prohibited under sections 1590 and 1591 of title 18, United States Code. 

‘‘(II) False imprisonment, including as prohibited under 

section 1201 of title 18, United States Code. 

‘‘(III) Kidnapping, including as prohibited under section 

1201 of title 18, United States Code. 

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

under sections 2241, 2242, 2243, and 2244 of title 18, United 

States Code. 

‘‘(V) First-degree homicide, including as prohibited under 

section 1111 of title 18, United States Code. 

‘‘(VI) Robbery, including as prohibited under section 2111 

of title 18, United States Code. 

‘‘(VII) Fraud to obtain access to government assistance, 

including as prohibited under sections 287, 1001, and 1343 

of title 18, United States Code. 

‘‘(VIII) Fraud by scheme, including as prohibited under 

section 1343 of title 18, United States Code. 

‘‘(IX) Theft of government funds or property, including as 

prohibited under section 641 of title 18, United States Code. 

‘‘(X) Abuse or neglect, including as prohibited under sections 111, 113, 114, 115, 116, or 117 of title 18, United States 

Code. 

‘‘(XI) Forgery, including as prohibited under section 642 

and chapter 25 (except section 512) of title 18, United States 

Code. 
H. R. 4547—15 

‘‘(XII) Identity theft or identity fraud, including as prohibited under sections 1028 and 1028A of title 18, United States 

Code. 

The Commissioner of Social Security may promulgate regulations 

to provide for additional felony crimes under this clause. 

‘‘(xvi)(I) For the purpose of carrying out the activities required 

under clause (ii) as part of the investigation under clause (i)(I), 

the Commissioner may conduct a background check of any individual seeking to serve as a representative payee under this subsection and may disqualify from service as a representative payee 

any such individual who fails to grant permission for the Commissioner to conduct such a background check. 

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

of benefits under this subsection to any individual serving as a 

representative payee on or after January 1, 2019 who fails to 

grant permission for the Commissioner to conduct such a background check. 

‘‘(xvii)(I) With respect to any person described in subclause 

(II)— 

‘‘(aa) clause (ii)(VII) shall not apply; and 

‘‘(bb) the Commissioner may grant an exemption from the 

provisions of clause (iii)(VI) if the Commissioner determines 

that such exemption is in the best interest of the individual 

entitled to benefits. 

‘‘(II) A person is described in this subclause if the person— 

‘‘(aa) is the custodial parent of a minor child for whom 

the person applies to serve; 

‘‘(bb) is the custodial spouse of the beneficiary for whom 

the person applies to serve; 

‘‘(cc) is the custodial parent of a beneficiary who is under 

a disability which began before the beneficiary attained the 

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

‘‘(dd) is the custodial court appointed guardian of the beneficiary for whom the person applies to serve; 

‘‘(ee) is the custodial grandparent of a minor grandchild 

for whom the person applies to serve; 

‘‘(ff) is the parent who was previously representative payee 

for his or her minor child who has since turned 18 and continues 

to be eligible for such benefit; or 

‘‘(gg) received a presidential or gubernatorial pardon for 

the relevant conviction.’’. 

(d) APPLICATION TO NEW APPOINTMENTS.—Subject to subsection 

(e), the amendments made by subsections (a), (b), and (c) shall 

apply with respect to any individual appointed to serve as a representative payee pursuant to section 205(j), 807, or 1631(a)(2) 

of the Social Security Act on or after January 1, 2019. 

(e) APPLICATION TO PRIOR APPOINTMENTS.— (1) IN GENERAL.—Not later than January 1, 2024, the 

Commissioner of Social Security shall conduct a review of each 

individual serving as a representative payee pursuant to 205(j), 

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

whether such individual has been convicted of a felony as 

described in section 205(j)(2)(B)(i)(VII), 807(b)(2)(G), or 

1631(a)(2)(B)(ii)(VII), respectively (as such provisions are added 

by this section). Except as provided in section 205(j)(2)(C)(vi), 

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

determined by the Commissioner to have been so convicted 
H. R. 4547—16 

may not serve as a representative payee on or after the date 

of such determination. 

(2) PRIORITY.—In conducting reviews under paragraph (1), 

the Commissioner shall prioritize reviews of the following categories of individuals, in the following order: 

(A) An individual serving as representative payee for 

15 or more individuals. 

(B) An individual serving as representative payee for 

an individual who is not related to the representative 

payee. 

(C) An individual serving as representative payee for 

an individual who has attained the age of 18 and is not 

the spouse of the representative payee. 

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

of enactment of this section, the Commissioner of Social Security 

shall issue regulations to establish a process for reviewing each 

individual serving as a representative payee pursuant to section 

205(j), 807, or 1631(a)(2) of the Social Security Act (other than 

individuals with respect to whom an exemption has been granted 

under section 205(j)(2)(C)(vi), 807(d)(2)(D), or 1631(a)(2)(B)(xvii)) 

not less than once every 5 years to determine whether any such 

individual has been convicted of a felony as described in subsection 

(e)(1) of this section. 

SEC. 203. PROHIBITION ON INDIVIDUALS WITH REPRESENTATIVE 

PAYEES SERVING AS REPRESENTATIVE PAYEES. 

(a) AMENDMENT TO TITLE II.—Section 205(j)(2)(C)(i) of the 

Social Security Act (42 U.S.C. 405(j)(2)(C)(i)), as amended by section 

202(a)(2), is further amended— 

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

(2) in subclause (VI), by striking the period and inserting 

‘‘, or’’; and 

(3) by adding at the end the following: 

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

or title XVI are certified for payment to a representative payee 

during the period for which the individual’s benefits would 

be certified for payment to another person.’’. 

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

Security Act (42 U.S.C. 1007(d)(1)), as amended by section 202(b)(2), 

is further amended— 

(1) in subparagraph (E), by striking ‘‘or’’ at the end; 

(2) in subparagraph (F), by striking the period and inserting 

‘‘, or’’; and 

(3) by adding at the end the following: 

‘‘(G) such person’s benefits under this title, title II, 

or title XVI are certified for payment to a representative 

payee during the period for which the individual’s benefits 

would be certified for payment to another person.’’. 

(c) AMENDMENT TO TITLE XVI.—Section 1631(a)(2)(B)(iii) of the 

Social Security Act (42 U.S.C. 1383(a)(2)(B)(iii)), as amended by 

section 202(c)(2), is further amended— 

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

(2) in subclause (VI), by striking the period and inserting 

‘‘, or’’; and 

(3) by adding at the end the following: 

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

title VIII are certified for payment to a representative payee 
H. R. 4547—17 

during the period for which the individual’s benefits would 

be certified for payment to another person.’’. 

(d) EFFECTIVE DATE.— (1) NEW APPOINTMENTS.—Subject to paragraph (2), the 

amendments made by this section shall apply with respect 

to any individual appointed to serve as a representative payee 

under title II, title VIII, or title XVI of the Social Security 

Act on or after January 1, 2019. 

(2) PRIOR APPOINTMENTS.—With respect to individuals 

serving as a representative payee whose benefits under this 

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

representative payee as of January 1, 2019, the Commissioner 

shall take any steps necessary to terminate such individual’s 

service as a representative payee as soon as possible, but no 

later than January 1, 2024. 

SEC. 204. REASSESSMENT OF PAYEE SELECTION AND REPLACEMENT 

POLICIES. 

(a) IN GENERAL.—The Commissioner of Social Security shall 

conduct, with opportunity for public comment, a review and 

reassessment of— 

(1) the appropriateness of its order of preference for 

selecting representative payees, including payees who may be 

creditors of the beneficiary or who are private, for-profit institutions; and 

(2) the effectiveness of its policy and operational procedures 

in properly determining when to change a representative payee, 

including— 

(A) from a payee that has a higher order of preference 

(such as a family member) to a payee that has a lower 

order of preference (such as a creditor); or 

(B) when a request to change payees arises from someone other than the beneficiary. 

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

enactment of this Act, the Commissioner of Social Security shall 

submit to the Committee on Ways and Means of the House of 

Representatives and the Committee on Finance of the Senate and 

make publicly available a report on the results of the review and 

reassessment under subsection (a). 

Speaker of the House of Representatives. 

Vice President of the United States and

President of the Senate.