IIB 

115TH CONGRESS 

2D SESSION H. R. 4547 

IN THE SENATE OF THE UNITED STATES 

FEBRUARY 6, 2018 

Received; read twice and referred to the Committee on Finance 

AN ACT 

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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Strengthening Protec3 tions for Social Security Beneficiaries Act of 2018’’. 

4 SEC. 2. TABLE OF CONTENTS. 

5 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. 

6 TITLE I—STRENGTHENING 

7 OVERSIGHT AND BENE8 FICIARY PROTECTION 

9 SEC. 101. STRONGER MONITORING OF REPRESENTATIVE 

10 PAYEES. 

11 (a) PROTECTION AND ADVOCACY FOR BENE12 FICIARIES WITH REPRESENTATIVE PAYEES.—Section 

13 205(j)(6) of the Social Security Act (42 U.S.C. 405(j)(6)) 

14 is amended by adding at the end the following: 

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

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1 cacy system serving each of the States and the American 

2 Indian consortium for the purpose of conducting reviews 

3 of representative payees in accordance with this subpara4 graph. The total amount used by the Commissioner for 

5 such grants each year— 

6 ‘‘(I) shall be an amount sufficient, as deter7 mined by the Commissioner in consultation with 

8 each of the protection and advocacy systems, to 

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

10 and 

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

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

13 grant under this subparagraph shall use the grant funds 

14 to— 

15 ‘‘(I) conduct all periodic onsite reviews pursu16 ant to this paragraph and such other reviews of rep17 resentative payees as the Commissioner may request, 

18 including reviews conducted in response to allega19 tions or concerns about the performance or suit20 ability of the payee; 

21 ‘‘(II) conduct additional reviews that the pro22 tection and advocacy system has reason to believe 

23 are warranted; 


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

2 representative payees in conforming to requirements 

3 specified by the Commissioner; 

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

5 each completed review containing such information 

6 as the Commissioner shall require; and 

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

8 organization that begins collecting a fee for its serv9 ices as a representative payee to ensure that such 

10 organization is established as such a representative 

11 payee in accordance with requirements specified by 

12 the Commissioner. 

13 A protection and advocacy system may refer beneficiaries 

14 to other programs or services as the protection and advo15 cacy system considers appropriate. 

16 ‘‘(iii) To be eligible to receive grants under this sec17 tion, a protection and advocacy system shall submit an 

18 initial application to the Commissioner at such time, in 

19 such form and manner, and accompanied by such informa20 tion and assurances as the Commissioner may require. 

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

22 shall ensure that any funds used for grants under clause 

23 (i) shall be allocated to the protection and advocacy sys24 tems serving each of the States and the American Indian 

25 consortium in a manner such that the amount provided 


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1 to each protection and advocacy system bears the same 

2 ratio to the total of such funds as the number of rep3 resented beneficiaries in the State or American Indian 

4 consortium in which such protection and advocacy system 

5 is located bears to the total number of represented bene6 ficiaries. 

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

8 and advocacy system under clause (i) shall— 

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

10 system serving American Samoa, Guam, the United 

11 States Virgin Islands, or the Commonwealth of the 

12 Northern Mariana Islands, or the American Indian 

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

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

15 system serving any other State, not be less than 

16 $60,000. 

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

18 system through a grant under clause (i) for a 1-year pe19 riod shall remain available through the end of the fol20 lowing 1-year period. 

21 ‘‘(IV) For purposes of this clause, the term ‘rep22 resented beneficiary’ means an individual— 

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

24 title VIII, or title XVI; and 


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

2 payment to a representative payee. 

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

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

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

6 national association for the provision of training and tech7 nical assistance, administrative support, and data collec8 tion services to protection and advocacy systems in con9 nection with grants awarded under clause (i). 

10 ‘‘(II) In this clause, the term ‘eligible national asso11 ciation’ means a national disability association with exten12 sive knowledge and demonstrated experience in providing 

13 training, technical assistance, and administrative oversight 

14 to protection and advocacy systems that monitor rep15 resentative payees. 

16 ‘‘(vi) In conducting reviews under this section, a pro17 tection and advocacy system shall have the same authori18 ties, including access to records, facilities, and persons, as 

19 such system would have for purposes of providing services 

20 under subtitle C of title I of the Developmental Disabilities 

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

22 15041 et seq.). 

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

24 increased by any percentage effective with any month after 

25 November 2018 as a result of a determination made under 


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

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

3 percentage. 

4 ‘‘(viii) No additional funds are authorized to be ap5 propriated to carry out the requirements of this subpara6 graph. Such requirements shall be carried out using 

7 amounts otherwise authorized. 

8 ‘‘(ix) In this subparagraph: 

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

10 means a consortium established under subtitle C of 

11 title I of the Developmental Disabilities Assistance 

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

13 seq.). 

14 ‘‘(II) The term ‘protection and advocacy sys15 tem’ means a protection and advocacy system estab16 lished under subtitle C of title I of the Develop17 mental Disabilities Assistance and Bill of Rights Act 

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

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

20 States of the United States, the District of Colum21 bia, the Commonwealth of Puerto Rico, the United 

22 States Virgin Islands, Guam, American Samoa, and 

23 the Commonwealth of the Northern Mariana Is24 lands.’’. 


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1 (b) EXPANSION OF PERIODIC ONSITE REVIEW RE2 QUIREMENTS.—Section 205(j)(6)(A) of the Social Secu3 rity Act (42 U.S.C. 405(j)(6)(A)) is amended— 

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

5 (2) in clause (iii), by striking the period and in6 serting ‘‘; or’’; 

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

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

9 its services.’’; and 

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

11 paragraph (3)) the following flush text: 

12 ‘‘The Commissioner shall also conduct periodic onsite re13 views of individual and organizational payees, including 

14 payees who are related to the beneficiary and primarily 

15 reside in the same household, selected on the basis of risk16 factors for potential misuse or unsuitability associated 

17 with such payees or beneficiaries.’’. 

18 (c) AVAILABILITY OF GRANT FUNDS.— 

19 (1) PROTECTION AND ADVOCACY SYSTEM

20 GRANTS.—Grants described under clause (i) of sub21 paragraph (C) of section 205(j)(6) of the Social Se22 curity Act (as added by subsection (a)) shall be 

23 awarded on August 1, 2018, and annually there24 after, and funds provided by such grants to a protec25 tion and advocacy system may be used to reimburse 


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1 the protection and advocacy system for amounts ex2 pended by the protection and advocacy system dur3 ing the period beginning on May 1, 2018, and end4 ing on such date for hiring and start-up costs in 

5 preparation to carry out reviews of representative 

6 payees in accordance with such subparagraph. 

7 (2) NATIONAL ASSOCIATION GRANTS.—Grants 

8 described under clause (v) of such subparagraph 

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

10 thereafter. 

11 SEC. 102. REDUCING THE BURDEN ON FAMILIES. 

12 (a) TITLE II.—Section 205(j)(3) of the Social Secu13 rity Act (42 U.S.C. 405(j)(3)) is amended— 

14 (1) by redesignating subparagraphs (D) 

15 through (G) as subparagraphs (E) through (H), re16 spectively; 

17 (2) by inserting after subparagraph (C) the fol18 lowing: 

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

20 in any case where the other person to whom 

21 such payment is made is— 

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

23 who is a legal guardian of, a minor 

24 child entitled to such payment who 


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1 primarily resides in the same house2 hold; 

3 ‘‘(II) a parent of an individual 

4 entitled to such payment who is under 

5 a disability (as defined in section 

6 223(d)) who primarily resides in the 

7 same household; or 

8 ‘‘(III) the spouse of the indi9 vidual entitled to such payment. 

10 ‘‘(ii) The Commissioner of Social Security 

11 shall establish and implement procedures as 

12 necessary for the Commissioner to determine 

13 the eligibility of such parties for the exemption 

14 provided in clause (i). The Commissioner shall 

15 prescribe such regulations as may be necessary 

16 to determine eligibility for such exemption.’’; 

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

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

19 and 

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

21 by striking ‘‘(D)’’ each place it appears and insert22 ing ‘‘(E)’’. 

23 (b) TITLE VIII.—Section 807(h) of the Social Secu24 rity Act (42 U.S.C. 1007(h)) is amended— 


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1 (1) by redesignating paragraphs (3) through 

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

3 (2) by inserting after paragraph (2) the fol4 lowing: 

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

6 case where the other person to whom such payment 

7 is made is the spouse of the individual entitled to 

8 such payment. 

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

10 establish and implement procedures as necessary for 

11 the Commissioner to determine the eligibility of such 

12 parties for the exemption provided in subparagraph 

13 (A). The Commissioner shall prescribe such regula14 tions as may be necessary to determine eligibility for 

15 such exemption.’’. 

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

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

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

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

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

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

22 where the representative payee is— 

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

24 a legal guardian of, a minor child entitled to 


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1 such payment who primarily resides in the same 

2 household; 

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

4 such payment who is under a disability who pri5 marily resides in the same household; or 

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

7 to such payment. 

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

9 establish and implement procedures as necessary for 

10 the Commissioner to determine the eligibility of such 

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

12 The Commissioner shall prescribe such regulations 

13 as may be necessary to determine eligibility for such 

14 exemption.’’; 

15 (3) in clause (v) (as so redesignated), by strik16 ing ‘‘and (iii)’’ and inserting ‘‘(iii), and (iv)’’; and 

17 (4) in clause (vi) (as so redesignated), by strik18 ing ‘‘(iv)’’ each time it appears and inserting ‘‘(v)’’. 

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

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

21 of this Act. 

22 SEC. 103. PROTECTING BENEFICIARIES THROUGH INFOR23 MATION SHARING. 

24 (a) INFORMATION SHARING TO DETERMINE STATE

25 FOSTER CARE STATUS.— 


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

2 Security Act (42 U.S.C. 405(j)) is amended by add3 ing at the end the following: 

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

5 shall— 

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

7 a plan approved under part E of title IV for the pur8 pose of sharing and matching data, on an automated 

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

10 Security Administration with each Statewide and 

11 Tribal Automated Child Welfare Information System 

12 to identify represented minor beneficiaries who are 

13 in foster care under the responsibility of the State 

14 for such month; and 

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

16 beneficiary has entered or exited foster care or 

17 changed foster care placement in such month, rede18 termine the appropriate representative payee for 

19 such individual. 

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

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

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

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

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1 wide mechanized data collection and information re2 trieval system described in section 474(a)(3)(C); and 

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

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

5 child (as defined for purposes of section 475(8)) en6 titled to benefits under this title for such month 

7 whose benefits are certified for payment to a rep8 resentative payee.’’. 

9 (2) CONFORMING CHANGE.—Section 

10 471(a)(8)(A) of the Social Security Act (42 U.S.C. 

11 671(a)(8)(A)) is amended by inserting ‘‘the program 

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

13 (3) GAO STUDY AND REPORT.— 

14 (A) EVALUATION.—As soon as possible 

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

16 Comptroller General shall evaluate— 

17 (i) the number of represented minor 

18 beneficiaries in foster care under the re19 sponsibility of a State for each month dur20 ing the previous year; 

21 (ii) whether the representative payee 

22 for each represented minor beneficiary is— 

23 (I) a governmental child welfare 

24 agency; 


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1 (II) an organizational payee that 

2 is not a governmental child welfare 

3 agency; 

4 (III) a foster parent or child-care 

5 institution (within the meaning of 

6 part E of title IV); or 

7 (IV) another individual; and 

8 (iii) whether funds were conserved, 

9 used for direct expenses of the minor bene10 ficiary, or used to reimburse the State for 

11 foster care maintenance costs. 

12 (B) REPORT TO CONGRESS.—Not later 

13 than 36 months after the date of enactment of 

14 this Act, the Comptroller General shall submit 

15 to Congress a report on the results of the eval16 uation required under subparagraph (A). 

17 (C) DEFINITIONS.—For purposes of this 

18 paragraph— 

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

20 given such term for purposes of part E of 

21 title IV of the Social Security Act; and 

22 (ii) the term ‘‘represented minor bene23 ficiary’’, with respect to an individual for a 

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1 rity Act) entitled to benefits under title II 

2 of such Act for such month whose benefits 

3 are certified for payment to a representa4 tive payee. 

5 (4) EFFECTIVE DATE.— 

6 (A) IN GENERAL.—The amendments made 

7 by this subsection shall apply with respect to 

8 months beginning on or after the date that is 

9 1 year after the date of the enactment of this 

10 Act. 

11 (B) EXCEPTION IF STATE LEGISLATION

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

13 part E of title IV of the Social Security Act 

14 that the Secretary of Health and Human Serv15 ices determines requires State legislation (other 

16 than legislation appropriating funds) in order 

17 for the plan to meet the additional requirement 

18 imposed by the amendments made under this 

19 subsection, such plan shall not be regarded as 

20 failing to comply with the requirements of such 

21 title solely on the basis of its failure to meet 

22 this additional requirement before the first day 

23 of the first calendar quarter beginning after the 

24 close of the first regular session of the State 

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1 actment of this Act. For purposes of the pre2 vious sentence, in the case of a State that has 

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

4 session shall be deemed to be a separate regular 

5 session of the State legislature. 

6 (b) IMPROVING COORDINATION WITH ADULT PRO7 TECTIVE SERVICES.— 

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

9 Security shall study and test the administrative fea10 sibility of improving information sharing, in partner11 ship with State agencies that provide adult protec12 tive services, with respect to— 

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

14 for a representative payee in connection with 

15 benefits to which the individual is entitled 

16 under title II or title XVI of the Social Security 

17 Act; and 

18 (B) oversight of individuals and organiza19 tions serving as representative payees. 

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

21 the Commissioner of Social Security shall conclude 

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

23 the Committee on Ways and Means of the House of 

24 Representatives and the Committee on Finance of 

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


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1 (c) STUDY ON POTENTIAL TO COORDINATE WITH

2 STATE COURTS.— 

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

4 Security shall enter into an agreement with the Ad5 ministrative Conference of the United States to con6 duct a study that includes— 

7 (A) an overview of potential opportunities 

8 for information sharing between the Social Se9 curity Administration and State courts and rel10 evant State agencies; 

11 (B) a detailed analysis of the barriers to 

12 such information sharing, including any Federal 

13 or State statutory barriers; 

14 (C) a description of how such information 

15 sharing would be implemented, including any 

16 additional infrastructure needed; and 

17 (D) a description of any risks or other fac18 tors that the Social Security Administration 

19 and the Congress should consider before imple20 menting such information sharing. 

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

22 the Commissioner of Social Security shall submit to 

23 the Committee on Ways and Means of the House of 

24 Representatives and the Committee on Finance of 

25 the Senate and make publicly available a report on 


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1 the results of the study conducted under paragraph 

2 (1). 

3 SEC. 104. CLARIFYING OVERPAYMENT LIABILITY FOR 

4 CHILD IN CHILD WELFARE SYSTEM. 

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

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

7 by adding at the end the following: 

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

9 amount is made on behalf of an individual who is a rep10 resented minor beneficiary for a month in which such indi11 vidual is in foster care under the responsibility of a State 

12 and the State is the representative payee of such indi13 vidual, the State shall be liable for the repayment of the 

14 overpayment, and there shall be no adjustment of pay15 ments to, or recovery by the United States from, such in16 dividual. 

17 ‘‘(B) For purposes of this paragraph, the term ‘rep18 resented minor beneficiary’ has the meaning given such 

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

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

21 of the Social Security Act (42 U.S.C. 1683(b)) is amend22 ed— 

23 (1) by redesignating paragraphs (3) through 

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


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1 (2) by inserting after paragraph (2) the fol2 lowing: 

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

4 amount is made on behalf of an individual who is a rep5 resented minor beneficiary for a month in which such indi6 vidual is in foster care under the responsibility of a State 

7 and the State is the representative payee of such indi8 vidual, the State shall be liable for the repayment of the 

9 overpayment, and there shall be no adjustment of pay10 ments to, or recovery by the United States from, such in11 dividual. 

12 ‘‘(B) For purposes of this paragraph, the term ‘rep13 resented minor beneficiary’, with respect to an individual 

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

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

16 such month whose benefits are certified for payment to 

17 a representative payee.’’. 

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

19 subsection (a) shall apply with respect to overpayment de20 terminations made on or after the date of the enactment 

21 of this Act and to any other overpaid amounts that have 

22 not been recovered as of such date. 


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1 SEC. 105. REPORTS. 

2 (a) REPORT ON BENEFITS MISUSED.—Section 

3 205(j) of the Social Security Act (42 U.S.C. 405(j)), as 

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

5 (1) in paragraph (6)— 

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

7 inserting ‘‘In addition to’’; and 

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

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

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

11 year, the Commissioner shall submit to the Committee on 

12 Ways and Means of the House of Representatives and the 

13 Committee on Finance of the Senate a report on the total 

14 number of individuals entitled to benefits under titles II, 

15 VIII, and XVI, respectively, (and the number of individ16 uals concurrently entitled to benefits under more than one 

17 such title) who have a representative payee, the total num18 ber of such representative payees, and the results of all 

19 reviews of representative payees conducted during the pre20 vious fiscal year in connection with benefits under this 

21 title, title VIII, or title XVI. Such report shall summarize 

22 problems identified in such reviews and corrective actions 

23 taken or planned to be taken to correct such problems, 

24 and shall include— 

25 ‘‘(i) the number of such reviews; 

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


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1 ‘‘(iii) the number of cases in which the rep2 resentative payee was changed and why; 

3 ‘‘(iv) the number of reviews conducted in re4 sponse to allegations or concerns about the perform5 ance or suitability of the payee; 

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

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

8 amount of benefits determined by the Commissioner 

9 during such fiscal year to have been misused by a 

10 representative payee (regardless of the fiscal year in 

11 which such misuse occurred); 

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

13 such misuse of funds resulted from the negligent 

14 failure of the Commissioner to investigate or mon15 itor a representative payee; 

16 ‘‘(vii) the final disposition of such cases of mis17 use of funds, including— 

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

19 penalties imposed; 

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

21 benefits repaid to beneficiaries and alternative 

22 representative payees under each of— 

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

24 a negligent failure of the Commissioner de25 scribed in such paragraph); 


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1 ‘‘(bb) paragraph (5) (on any other 

2 basis); and 

3 ‘‘(cc) paragraph (7); 

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

5 benefits recovered under each of— 

6 ‘‘(aa) paragraph (5); and 

7 ‘‘(bb) paragraph (7); 

8 ‘‘(viii) any updates to prior year reports nec9 essary to reflect subsequent recoveries and repay10 ments pertaining to misuse determinations made in 

11 prior years; and 

12 ‘‘(ix) such other information as the Commis13 sioner deems appropriate. 

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

15 a fiscal year shall include the information described in 

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

17 to— 

18 ‘‘(i) all representative payees reviewed during 

19 such fiscal year; 

20 ‘‘(ii) all such representative payees that are or21 ganizations, separated by whether such organization 

22 collects a fee for its services as a representative 

23 payee; 

24 ‘‘(iii) all such representative payees that are in25 dividuals serving 15 or more individuals; and 


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1 ‘‘(iv) all such representative payees that are in2 dividuals serving less than 15 individuals, separated 

3 by whether such representative payee is a family 

4 member.’’. 

5 (b) REPORT ON ELIMINATION OF THE ACCOUNTING

6 FORM.—The Commissioner shall— 

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

8 amendments made by section 102 of the Strength9 ening Protections for Social Security Beneficiaries 

10 Act of 2018, which shall include the impact of such 

11 changes on families, beneficiaries, and the operations 

12 of the Social Security Administration; and 

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

14 report on the results of such study to the Committee 

15 on Ways and Means of the House of Representatives 

16 and the Committee on Finance of the Senate. 

17 (c) REPORT ON THE ADVANCED DESIGNATION POL18 ICY.—The Commissioner shall— 

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

20 amendments made by section 201 of the Strength21 ening Protections for Social Security Beneficiaries 

22 Act of 2018, which shall include the impact of such 

23 changes on beneficiaries and the operations of the 

24 Social Security Administration; and 


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

2 report on the results of such study to the Committee 

3 on Ways and Means of the House of Representatives 

4 and the Committee on Finance of the Senate. 

5 TITLE II—IMPROVING PAYEE 

6 SELECTION AND QUALITY 

7 SEC. 201. ADVANCE DESIGNATION OF REPRESENTATIVE 

8 PAYEES. 

9 (a) IN GENERAL.—Section 205(j)(1) of the Social Se10 curity Act (42 U.S.C. 405(j)(1)) is amended by adding 

11 at the end the following: 

12 ‘‘(C)(i) An individual who is entitled to or is an appli13 cant for a benefit under this title, title VIII, or title XVI, 

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

15 minor, may, at any time, designate one or more other indi16 viduals to serve as a representative payee for such indi17 vidual in the event that the Commissioner of Social Secu18 rity determines under subparagraph (A) that the interest 

19 of such individual would be served by certification for pay20 ment of such benefits to which the individual is entitled 

21 to a representative payee. If the Commissioner of Social 

22 Security makes such a determination with respect to such 

23 individual at any time after such designation has been 

24 made, the Commissioner shall— 


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1 ‘‘(I) certify payment of such benefits to the des2 ignated individual, subject to the requirements of 

3 paragraph (2); or 

4 ‘‘(II) if the Commissioner determines that cer5 tification for payment of such benefits to the des6 ignated individual would not satisfy the require7 ments of paragraph (2), that the designated indi8 vidual is unwilling or unable to serve as representa9 tive payee, or that other good cause exists, certify 

10 payment of such benefits to another individual or or11 ganization, in accordance with paragraph (1). 

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

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

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

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

16 after the date of the enactment of this section. 

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

18 the date of the enactment of this section, the Commis19 sioner of Social Security shall promulgate regulations 

20 specifying the information an individual is required to pro21 vide to the Commissioner in order to designate another 

22 individual to serve as the individual’s representative payee 

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

24 added by subsection (a)). 


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1 (d) NOTIFICATION TO BENEFICIARIES.—Not later 

2 than January 1, 2020, and annually thereafter, the Com3 missioner of Social Security shall notify each individual 

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

5 Social Security Act of the name of any individual des6 ignated to serve as the individual’s representative payee 

7 under section 205(j)(1)(C) of such Act (as added by sub8 section (a)). 

9 SEC. 202. PROHIBITION ON INDIVIDUALS CONVICTED OF 

10 CERTAIN CRIMES SERVING AS REPRESENTA11 TIVE PAYEES. 

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

13 of the Social Security Act (42 U.S.C. 405(j)(2)) is amend14 ed— 

15 (1) in subparagraph (B)— 

16 (A) in clause (i)— 

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

18 at the end; 

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

20 period and inserting ‘‘, and’’; and 

21 (iii) by adding at the end the fol22 lowing: 

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

24 convicted (and not subsequently exonerated), under 

25 Federal or State law, of a felony provided under 


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1 clause (iv), or of an attempt or a conspiracy to com2 mit such a felony.’’; and 

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

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

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

6 following: 

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

8 under sections 1590 and 1591 of title 18, United 

9 States Code. 

10 ‘‘(II) False imprisonment, including as prohib11 ited under section 1201 of title 18, United States 

12 Code. 

13 ‘‘(III) Kidnapping, including as prohibited 

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

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

16 prohibited under sections 2241, 2242, 2243, and 

17 2244 of title 18, United States Code. 

18 ‘‘(V) First-degree homicide, including as prohib19 ited under section 1111 of title 18, United States 

20 Code. 

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

22 section 2111 of title 18, United States Code. 

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

24 assistance, including as prohibited under sections 


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1 287, 1001, and 1343 of title 18, United States 

2 Code. 

3 ‘‘(VIII) Fraud by scheme, including as prohib4 ited under section 1343 of title 18, United States 

5 Code. 

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

7 including as prohibited under section 641 of title 18, 

8 United States Code. 

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

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

11 title 18, United States Code. 

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

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

14 title 18, United States Code. 

15 ‘‘(XII) Identity theft or identity fraud, includ16 ing as prohibited under sections 1028 and 1028A of 

17 title 18, United States Code. 

18 The Commissioner of Social Security may promulgate reg19 ulations to provide for additional felony crimes under this 

20 clause. 

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

22 required under subparagraph (B)(i) as part of the inves23 tigation under subparagraph (A)(i), the Commissioner 

24 may conduct a background check of any individual seeking 

25 to serve as a representative payee under this subsection 


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1 and may disqualify from service as a representative payee 

2 any such individual who fails to grant permission for the 

3 Commissioner to conduct such a background check. 

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

5 payment of benefits under this subsection to any indi6 vidual serving as a representative payee on or after Janu7 ary 1, 2019 who fails to grant permission for the Commis8 sioner to conduct such a background check.’’; and 

9 (2) in subparagraph (C)— 

10 (A) in clause (i)— 

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

12 at the end; 

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

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

15 (iii) by adding at the end the fol16 lowing: 

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

18 person has previously been convicted (and not subse19 quently exonerated) as described in subparagraph 

20 (B)(i)(VII).’’; and 

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

22 ‘‘(vi)(I) With respect to any person described in sub23 clause (II)— 

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

25 and 


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1 ‘‘(bb) the Commissioner may grant an exemp2 tion from the provisions of clause (i)(VI) if the Com3 missioner determines that such exemption is in the 

4 best interest of the individual entitled to benefits. 

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

6 person— 

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

8 for whom the person applies to serve; 

9 ‘‘(bb) is the custodial spouse of the beneficiary 

10 for whom the person applies to serve; 

11 ‘‘(cc) is the custodial parent of a beneficiary 

12 who is under a disability (as defined in section 

13 223(d)) which began before the beneficiary attained 

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

15 ‘‘(dd) is the custodial court appointed guardian 

16 of the beneficiary for whom the person applies to 

17 serve; 

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

19 grandchild for whom the person applies to serve; 

20 ‘‘(ff) is the parent who was previously rep21 resentative payee for his or her minor child who has 

22 since turned 18 and continues to be eligible for such 

23 benefit; or 

24 ‘‘(gg) received a presidential or gubernatorial 

25 pardon for the relevant conviction.’’. 


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

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

3 (1) in subsection (b)— 

4 (A) in paragraph (2)— 

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

6 ‘‘and’’ at the end; 

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

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

9 (iii) by adding at the end the fol10 lowing: 

11 ‘‘(G) determine whether such person has 

12 been convicted (and not subsequently exoner13 ated), under Federal or State law, of a felony 

14 provided under paragraph (4), or of an attempt 

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

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

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

18 paragraph, whether an offense under State or Fed19 eral law, are the following: 

20 ‘‘(A) Human trafficking, including as pro21 hibited under sections 1590 and 1591 of title 

22 18, United States Code. 

23 ‘‘(B) False imprisonment, including as 

24 prohibited under section 1201 of title 18, 

25 United States Code. 


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1 ‘‘(C) Kidnapping, including as prohibited 

2 under section 1201 of title 18, United States 

3 Code. 

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

5 prohibited under sections 2241, 2242, 2243, 

6 and 2244 of title 18, United States Code. 

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

8 prohibited under section 1111 of title 18, 

9 United States Code. 

10 ‘‘(F) Robbery, including as prohibited 

11 under section 2111 of title 18, United States 

12 Code. 

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

14 assistance, including as prohibited under sec15 tions 287, 1001, and 1343 of title 18, United 

16 States Code. 

17 ‘‘(H) Fraud by scheme, including as pro18 hibited under section 1343 of title 18, United 

19 States Code. 

20 ‘‘(I) Theft of government funds or prop21 erty, including as prohibited under section 641 

22 of title 18, United States Code. 

23 ‘‘(J) Abuse or neglect, including as prohib24 ited under sections 111, 113, 114, 115, 116, or 

25 117 of title 18, United States Code. 


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1 ‘‘(K) Forgery, including as prohibited 

2 under section 642 and chapter 25 (except sec3 tion 512) of title 18, United States Code. 

4 ‘‘(L) Identity theft or identity fraud, in5 cluding as prohibited under sections 1028 and 

6 1028A of title 18, United States Code. 

7 The Commissioner of Social Security may promul8 gate regulations to provide for additional felony 

9 crimes under this clause. 

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

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

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

13 a background check of any individual seeking to serve as 

14 a representative payee under this subsection and may dis15 qualify from service as a representative payee any such 

16 individual who fails to grant permission for the Commis17 sioner to conduct such a background check. 

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

19 payment of benefits under this subsection to any indi20 vidual serving as a representative payee on or after Janu21 ary 1, 2019 who fails to grant permission for the Commis22 sioner to conduct such a background check.’’; and 

23 (2) in subsection (d)— 

24 (A) in paragraph (1)— 


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

2 ‘‘or’’ at the end; 

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

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

5 and 

6 (iii) by adding at the end the fol7 lowing: 

8 ‘‘(F) except as provided in paragraph 

9 (2)(D), such person has previously been con10 victed (and not subsequently exonerated) as de11 scribed in subsection (b)(2)(G).’’; and 

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

13 the following: 

14 ‘‘(D)(i) With respect to any person described in 

15 clause (II)— 

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

17 ‘‘(II) the Commissioner may grant an exemption 

18 from the provisions of paragraph (1)(F) if the Commis19 sioner determines that such exemption is in the best inter20 est of the individual entitled to benefits. 

21 ‘‘(ii) A person is described in this clause if the per22 son— 

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

24 whom the person applies to serve; 


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

2 beneficiary for whom the person applies to serve; or 

3 ‘‘(III) received a presidential or gubernatorial pardon 

4 for the relevant conviction.’’. 

5 (c) AMENDMENTS TO TITLE XVI.—Section 

6 1631(a)(2)(B) of the Social Security Act (42 U.S.C. 

7 1383(a)(2)(B)) is amended— 

8 (1) in clause (ii)— 

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

10 the end; 

11 (B) in subclause (VI), by striking the pe12 riod and inserting ‘‘, and’’; and 

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

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

15 convicted (and not subsequently exonerated), under 

16 Federal or State law, of a felony provided under 

17 clause (xv), or of an attempt or a conspiracy to com18 mit such a felony.’’; 

19 (2) in clause (iii)— 

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

21 the end; 

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

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

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


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

2 person has previously been convicted (and not subse3 quently exonerated) as described in clause 

4 (ii)(VII).’’; and 

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

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

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

8 following: 

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

10 under sections 1590 and 1591 of title 18, United 

11 States Code. 

12 ‘‘(II) False imprisonment, including as prohib13 ited under section 1201 of title 18, United States 

14 Code. 

15 ‘‘(III) Kidnapping, including as prohibited 

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

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

18 prohibited under sections 2241, 2242, 2243, and 

19 2244 of title 18, United States Code. 

20 ‘‘(V) First-degree homicide, including as prohib21 ited under section 1111 of title 18, United States 

22 Code. 

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

24 section 2111 of title 18, United States Code. 


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

2 assistance, including as prohibited under sections 

3 287, 1001, and 1343 of title 18, United States 

4 Code. 

5 ‘‘(VIII) Fraud by scheme, including as prohib6 ited under section 1343 of title 18, United States 

7 Code. 

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

9 including as prohibited under section 641 of title 18, 

10 United States Code. 

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

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

13 title 18, United States Code. 

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

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

16 title 18, United States Code. 

17 ‘‘(XII) Identity theft or identity fraud, includ18 ing as prohibited under sections 1028 and 1028A of 

19 title 18, United States Code. 

20 The Commissioner of Social Security may promulgate reg21 ulations to provide for additional felony crimes under this 

22 clause. 

23 ‘‘(xvi)(I) For the purpose of carrying out the activi24 ties required under clause (ii) as part of the investigation 

25 under clause (i)(I), the Commissioner may conduct a backVerDate Sep 11 2014 01:24 Feb 07, 2018 Jkt 079200 PO 00000 Frm 00038 Fmt 6652 Sfmt 6201 E:\BILLS\H4547.RFS H4547

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1 ground check of any individual seeking to serve as a rep2 resentative payee under this subsection and may disqualify 

3 from service as a representative payee any such individual 

4 who fails to grant permission for the Commissioner to con5 duct such a background check. 

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

7 payment of benefits under this subsection to any indi8 vidual serving as a representative payee on or after Janu9 ary 1, 2019 who fails to grant permission for the Commis10 sioner to conduct such a background check. 

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

12 subclause (II)— 

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

14 ‘‘(bb) the Commissioner may grant an exemp15 tion from the provisions of clause (iii)(VI) if the 

16 Commissioner determines that such exemption is in 

17 the best interest of the individual entitled to bene18 fits. 

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

20 person— 

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

22 for whom the person applies to serve; 

23 ‘‘(bb) is the custodial spouse of the beneficiary 

24 for whom the person applies to serve; 


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1 ‘‘(cc) is the custodial parent of a beneficiary 

2 who is under a disability which began before the 

3 beneficiary attained the age of 22, for whom the per4 son applies to serve; 

5 ‘‘(dd) is the custodial court appointed guardian 

6 of the beneficiary for whom the person applies to 

7 serve; 

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

9 grandchild for whom the person applies to serve; 

10 ‘‘(ff) is the parent who was previously rep11 resentative payee for his or her minor child who has 

12 since turned 18 and continues to be eligible for such 

13 benefit; or 

14 ‘‘(gg) received a presidential or gubernatorial 

15 pardon for the relevant conviction.’’. 

16 (d) APPLICATION TO NEW APPOINTMENTS.—Subject 

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

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

19 appointed to serve as a representative payee pursuant to 

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

21 Act on or after January 1, 2019. 

22 (e) APPLICATION TO PRIOR APPOINTMENTS.— 

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

24 2024, the Commissioner of Social Security shall con25 duct a review of each individual serving as a repVerDate Sep 11 2014 01:24 Feb 07, 2018 Jkt 079200 PO 00000 Frm 00040 Fmt 6652 Sfmt 6201 E:\BILLS\H4547.RFS H4547

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1 resentative payee pursuant to 205(j), 807, or 

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

3 whether such individual has been convicted of a fel4 ony as described in section 205(j)(2)(B)(i)(VII), 

5 807(b)(2)(G), or 1631(a)(2)(B)(ii)(VII), respectively 

6 (as such provisions are added by this section). Ex7 cept as provided in section 205(j)(2)(C)(vi), 

8 807(d)(2)(D), or 1631(a)(2)(B)(xvii) (as so added), 

9 any individual determined by the Commissioner to 

10 have been so convicted may not serve as a represent11 ative payee on or after the date of such determina12 tion. 

13 (2) PRIORITY.—In conducting reviews under 

14 paragraph (1), the Commissioner shall prioritize re15 views of the following categories of individuals, in 

16 the following order: 

17 (A) An individual serving as representative 

18 payee for 15 or more individuals. 

19 (B) An individual serving as representative 

20 payee for an individual who is not related to the 

21 representative payee. 

22 (C) An individual serving as representative 

23 payee for an individual who has attained the 

24 age of 18 and is not the spouse of the rep25 resentative payee. 


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

2 the date of enactment of this section, the Commissioner 

3 of Social Security shall issue regulations to establish a 

4 process for reviewing each individual serving as a rep5 resentative payee pursuant to section 205(j), 807, or 

6 1631(a)(2) of the Social Security Act (other than individ7 uals with respect to whom an exemption has been granted 

8 under section 205(j)(2)(C)(vi), 807(d)(2)(D), or 

9 1631(a)(2)(B)(xvii)) not less than once every 5 years to 

10 determine whether any such individual has been convicted 

11 of a felony as described in subsection (e)(1) of this section. 

12 SEC. 203. PROHIBITION ON INDIVIDUALS WITH REP13 RESENTATIVE PAYEES SERVING AS REP14 RESENTATIVE PAYEES. 

15 (a) AMENDMENT TO TITLE II.—Section 

16 205(j)(2)(C)(i) of the Social Security Act (42 U.S.C. 

17 405(j)(2)(C)(i)), as amended by section 202(a)(2), is fur18 ther amended— 

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

20 end; 

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

22 and inserting ‘‘, or’’; and 

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

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

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


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1 a representative payee during the period for which 

2 the individual’s benefits would be certified for pay3 ment to another person.’’. 

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

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

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

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

8 the end; 

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

10 and inserting ‘‘, or’’; and 

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

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

13 title, title II, or title XVI are certified for pay14 ment to a representative payee during the pe15 riod for which the individual’s benefits would be 

16 certified for payment to another person.’’. 

17 (c) AMENDMENT TO TITLE XVI.—Section 

18 1631(a)(2)(B)(iii) of the Social Security Act (42 U.S.C. 

19 1383(a)(2)(B)(iii)), as amended by section 202(c)(2), is 

20 further amended— 

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

22 end; 

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

24 and inserting ‘‘, or’’; and 

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


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

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

3 representative payee during the period for which the 

4 individual’s benefits would be certified for payment 

5 to another person.’’. 

6 (d) EFFECTIVE DATE.— 

7 (1) NEW APPOINTMENTS.—Subject to para8 graph (2), the amendments made by this section 

9 shall apply with respect to any individual appointed 

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

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

12 after January 1, 2019. 

13 (2) PRIOR APPOINTMENTS.—With respect to in14 dividuals serving as a representative payee whose 

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

16 certified for payment to another representative payee 

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

18 any steps necessary to terminate such individual’s 

19 service as a representative payee as soon as possible, 

20 but no later than January 1, 2024. 

21 SEC. 204. REASSESSMENT OF PAYEE SELECTION AND RE22 PLACEMENT POLICIES. 

23 (a) IN GENERAL.—The Commissioner of Social Secu24 rity shall conduct, with opportunity for public comment, 

25 a review and reassessment of— 


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1 (1) the appropriateness of its order of pref2 erence for selecting representative payees, including 

3 payees who may be creditors of the beneficiary or 

4 who are private, for-profit institutions; and 

5 (2) the effectiveness of its policy and oper6 ational procedures in properly determining when to 

7 change a representative payee, including— 

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

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

10 payee that has a lower order of preference 

11 (such as a creditor); or 

12 (B) when a request to change payees arises 

13 from someone other than the beneficiary. 

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

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

16 Social Security shall submit to the Committee on Ways 

17 and Means of the House of Representatives and the Com18 mittee on Finance of the Senate and make publicly avail19 able a report on the results of the review and reassessment 

20 under subsection (a). 

Passed the House of Representatives February 5, 

2018. 

Attest: KAREN L. HAAS, 

Clerk. 


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