HR 4547 RFS 
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 rep-
resented minor beneficiary for a month in which such indi-
vidual is in foster care under the responsibility of a State 
and the State is the representative payee of such indi-
vidual, the State shall be liable for the repayment of the 
overpayment, and there shall be no adjustment of pay-
ments to, or recovery by the United States from, such in-
dividual. 
‘‘(B) For purposes of this paragraph, the term ‘rep-
resented 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 amend-
ed— 
(1) by redesignating paragraphs (3) through 
(7) as paragraphs (4) through (8), respectively; and 
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(2) by inserting after paragraph (2) the fol-
lowing: 
‘‘(3)(A) When any payment of more than the correct 
amount is made on behalf of an individual who is a rep-
resented minor beneficiary for a month in which such indi-
vidual is in foster care under the responsibility of a State 
and the State is the representative payee of such indi-
vidual, the State shall be liable for the repayment of the 
overpayment, and there shall be no adjustment of pay-
ments to, or recovery by the United States from, such in-
dividual. 
‘‘(B) For purposes of this paragraph, the term ‘rep-
resented 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 de-
terminations 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. 
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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 individ-
uals concurrently entitled to benefits under more than one 
such title) who have a representative payee, the total num-
ber of such representative payees, and the results of all 
reviews of representative payees conducted during the pre-
vious 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; 
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‘‘(iii) the number of cases in which the rep-
resentative payee was changed and why; 
‘‘(iv) the number of reviews conducted in re-
sponse to allegations or concerns about the perform-
ance or suitability of the payee; 
‘‘(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 mon-
itor a representative payee; 
‘‘(vii) the final disposition of such cases of mis-
use 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 de-
scribed in such paragraph); 
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‘‘(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 nec-
essary to reflect subsequent recoveries and repay-
ments pertaining to misuse determinations made in 
prior years; and 
‘‘(ix) such other information as the Commis-
sioner 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 or-
ganizations, separated by whether such organization 
collects a fee for its services as a representative 
payee; 
‘‘(iii) all such representative payees that are in-
dividuals serving 15 or more individuals; and 
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‘‘(iv) all such representative payees that are in-
dividuals 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 Strength-
ening 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 POL-
ICY.—The Commissioner shall— 
(1) conduct a study on the changes made by the 
amendments made by section 201 of the Strength-
ening Protections 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 
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(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 Se-
curity 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 appli-
cant 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 indi-
viduals to serve as a representative payee for such indi-
vidual in the event that the Commissioner of Social Secu-
rity determines under subparagraph (A) that the interest 
of such individual would be served by certification for pay-
ment 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— 
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‘‘(I) certify payment of such benefits to the des-
ignated individual, subject to the requirements of 
paragraph (2); or 
‘‘(II) if the Commissioner determines that cer-
tification for payment of such benefits to the des-
ignated individual would not satisfy the require-
ments of paragraph (2), that the designated indi-
vidual is unwilling or unable to serve as representa-
tive payee, or that other good cause exists, certify 
payment of such benefits to another individual or or-
ganization, 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 Commis-
sioner of Social Security shall promulgate regulations 
specifying the information an individual is required to pro-
vide 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)). 
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(d) NOTIFICATION TO BENEFICIARIES.—Not later 
than January 1, 2020, and annually thereafter, the Com-
missioner 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 des-
ignated to serve as the individual’s representative payee 
under section 205(j)(1)(C) of such Act (as added by sub-
section (a)). 
SEC. 202. PROHIBITION ON INDIVIDUALS CONVICTED OF 
CERTAIN CRIMES SERVING AS REPRESENTA-
TIVE PAYEES. 
(a) AMENDMENTS TO TITLE II.—Section 205(j)(2) 
of the Social Security Act (42 U.S.C. 405(j)(2)) is amend-
ed— 
(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 fol-
lowing: 
‘‘(VII) determine whether such person has been 
convicted (and not subsequently exonerated), under 
Federal or State law, of a felony provided under 
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clause (iv), or of an attempt or a conspiracy to com-
mit 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 prohib-
ited 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 prohib-
ited 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 
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287, 1001, and 1343 of title 18, United States 
Code. 
‘‘(VIII) Fraud by scheme, including as prohib-
ited 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, includ-
ing as prohibited under sections 1028 and 1028A of 
title 18, United States Code. 
The Commissioner of Social Security may promulgate reg-
ulations 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 inves-
tigation under subparagraph (A)(i), the Commissioner 
may conduct a background check of any individual seeking 
to serve as a representative payee under this subsection 
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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 indi-
vidual serving as a representative payee on or after Janu-
ary 1, 2019 who fails to grant permission for the Commis-
sioner 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 fol-
lowing: 
‘‘(VI) except as provided in clause (vi), such 
person has previously been convicted (and not subse-
quently 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 sub-
clause (II)— 
‘‘(aa) subparagraph (B)(i)(VII) shall not apply; 
and 
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‘‘(bb) the Commissioner may grant an exemp-
tion from the provisions of clause (i)(VI) if the Com-
missioner 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 rep-
resentative 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.’’. 
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(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 fol-
lowing: 
‘‘(G) determine whether such person has 
been convicted (and not subsequently exoner-
ated), 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 Fed-
eral law, are the following: 
‘‘(A) Human trafficking, including as pro-
hibited under sections 1590 and 1591 of title 
18, United States Code. 
‘‘(B) False imprisonment, including as 
prohibited under section 1201 of title 18, 
United States Code. 
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‘‘(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 sec-
tions 287, 1001, and 1343 of title 18, United 
States Code. 
‘‘(H) Fraud by scheme, including as pro-
hibited under section 1343 of title 18, United 
States Code. 
‘‘(I) Theft of government funds or prop-
erty, including as prohibited under section 641 
of title 18, United States Code. 
‘‘(J) Abuse or neglect, including as prohib-
ited under sections 111, 113, 114, 115, 116, or 
117 of title 18, United States Code. 
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‘‘(K) Forgery, including as prohibited 
under section 642 and chapter 25 (except sec-
tion 512) of title 18, United States Code. 
‘‘(L) Identity theft or identity fraud, in-
cluding as prohibited under sections 1028 and 
1028A of title 18, United States Code. 
The Commissioner of Social Security may promul-
gate 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 dis-
qualify from service as a representative payee any such 
individual who fails to grant permission for the Commis-
sioner to conduct such a background check. 
‘‘(B) The Commissioner may revoke certification of 
payment of benefits under this subsection to any indi-
vidual serving as a representative payee on or after Janu-
ary 1, 2019 who fails to grant permission for the Commis-
sioner to conduct such a background check.’’; and 
(2) in subsection (d)— 
(A) in paragraph (1)— 
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(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 fol-
lowing: 
‘‘(F) except as provided in paragraph 
(2)(D), such person has previously been con-
victed (and not subsequently exonerated) as de-
scribed 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 Commis-
sioner determines that such exemption is in the best inter-
est of the individual entitled to benefits. 
‘‘(ii) A person is described in this clause if the per-
son— 
‘‘(I) is the custodial spouse of the beneficiary for 
whom the person applies to serve; 
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‘‘(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 pe-
riod 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 com-
mit 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: 
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‘‘(VI) except as provided in clause (xvii), such 
person has previously been convicted (and not subse-
quently 
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 prohib-
ited 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 prohib-
ited under section 1111 of title 18, United States 
Code. 
‘‘(VI) Robbery, including as prohibited under 
section 2111 of title 18, United States Code. 
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‘‘(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 prohib-
ited 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, includ-
ing as prohibited under sections 1028 and 1028A of 
title 18, United States Code. 
The Commissioner of Social Security may promulgate reg-
ulations to provide for additional felony crimes under this 
clause. 
‘‘(xvi)(I) For the purpose of carrying out the activi-
ties required under clause (ii) as part of the investigation 
under clause (i)(I), the Commissioner may conduct a back-
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‘‘(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 per-
son 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 rep-
resentative 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 con-
duct a review of each individual serving as a rep-
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resentative 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 fel-
ony 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). Ex-
cept 
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 may not serve as a represent-
ative payee on or after the date of such determina-
tion. 
(2) PRIORITY.—In conducting reviews under 
paragraph (1), the Commissioner shall prioritize re-
views 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 rep-
resentative payee. 
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(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 rep-
resentative payee pursuant to section 205(j), 807, or 
1631(a)(2) of the Social Security Act (other than individ-
uals 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 REP-
RESENTATIVE 
PAYEES 
SERVING 
AS 
REP-
RESENTATIVE 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 fur-
ther 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 
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a representative payee during the period for which 
the individual’s benefits would be certified for pay-
ment 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 pay-
ment to a representative payee during the pe-
riod 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: 
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‘‘(VII) such person’s benefits under this title, 
title II, or title VIII 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.’’. 
(d) EFFECTIVE DATE.— 
(1) NEW
APPOINTMENTS.—Subject to para-
graph (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 in-
dividuals 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 RE-
PLACEMENT POLICIES. 
(a) IN GENERAL.—The Commissioner of Social Secu-
rity shall conduct, with opportunity for public comment, 
a review and reassessment of— 
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(1) the appropriateness of its order of pref-
erence 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 oper-
ational 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 Com-
mittee on Finance of the Senate and make publicly avail-
able a report on the results of the review and reassessment 
under subsection (a). 
Passed the House of Representatives February 5, 
2018. 
Attest: 
KAREN L. HAAS, 
Clerk. 
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