I 
115TH CONGRESS 
1ST SESSION H. R. 4547 
To amend titles II, VIII, and XVI of the Social Security Act to improve 
and strengthen the representative payment program. 
IN THE HOUSE OF REPRESENTATIVES 
DECEMBER 5, 2017 
Mr. SAM JOHNSON of Texas (for himself and Mr. LARSON of Connecticut) in-
troduced the following bill; which was referred to the Committee on Ways 
and Means 
A BILL 
To amend titles II, VIII, and XVI of the Social Security 
Act to improve and strengthen the representative pay-
ment program. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening Protec-
tions for Social Security Beneficiaries Act of 2017’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
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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 rep-
resentative payees. 
Sec. 203. Prohibition on individuals with representative payees serving as rep-
resentative payees. 
Sec. 204. Reassessment of payee selection and replacement policies. 
TITLE 
I—STRENGTHENING 
OVERSIGHT 
AND 
BENE-
FICIARY PROTECTION 
SEC. 101. STRONGER MONITORING OF REPRESENTATIVE 
PAYEES. 
(a) PROTECTION
AND
ADVOCACY
FOR
BENE-
FICIARIES
WITH
REPRESENTATIVE
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 advo-
cacy system serving each of the States and the American 
Indian consortium for the purpose of conducting reviews 
of representative payees in accordance with this subpara-
graph. The total amount used by the Commissioner for 
such grants each year— 
‘‘(I) shall be an amount sufficient, as deter-
mined by the Commissioner in consultation with 
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each of the protection and advocacy systems, to 
carry out all of the activities described in clause (ii); 
and 
‘‘(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 pursu-
ant to this paragraph and such other reviews of rep-
resentative payees as the Commissioner may request, 
including reviews conducted in response to allega-
tions or concerns about the performance or suit-
ability of the payee; 
‘‘(II) conduct additional reviews that the pro-
tection 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 serv-
ices as a representative payee to ensure that such 
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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 advo-
cacy system considers appropriate. 
‘‘(iii) To be eligible to receive grants under this sec-
tion, 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 informa-
tion 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 sys-
tems 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 rep-
resented beneficiaries in the State or American Indian 
consortium in which such protection and advocacy system 
is located bears to the total number of represented bene-
ficiaries. 
‘‘(II) The amount of an annual grant to a protection 
and advocacy system under clause (i) shall— 
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‘‘(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 one-year 
period shall remain available through the end of the fol-
lowing one-year period. 
‘‘(IV) For purposes of this clause, the term ‘rep-
resented 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. 
‘‘(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 tech-
nical assistance, administrative support, and data collec-
tion services to protection and advocacy systems in con-
nection with grants awarded under clause (i). 
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‘‘(II) In this clause, the term ‘eligible national asso-
ciation’ means a national disability association with exten-
sive knowledge and demonstrated experience in providing 
training, technical assistance, and administrative oversight 
to protection and advocacy systems that monitor rep-
resentative payees. 
‘‘(vi) In conducting reviews under this section, a pro-
tection and advocacy system shall have the same authori-
ties, 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 ap-
propriated to carry out the requirements of this subpara-
graph. Such requirements shall be carried out using 
amounts otherwise authorized. 
‘‘(ix) In this subparagraph: 
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‘‘(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 sys-
tem’ means a protection and advocacy system estab-
lished under subtitle C of title I of the Develop-
mental 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 Colum-
bia, the Commonwealth of Puerto Rico, the United 
States Virgin Islands, Guam, American Samoa, and 
the Commonwealth of the Northern Mariana Is-
lands.’’. 
(b) EXPANSION OF PERIODIC ONSITE REVIEW RE-
QUIREMENTS.—Section 205(j)(6)(A) of the Social Secu-
rity 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 in-
serting ‘‘; or’’; 
(3) by adding after clause (iii) the following: 
‘‘(iv) the representative payee collects a fee for 
its services.’’; and 
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(4) by adding after clause (iv) (as added by 
paragraph (3)) the following flush text: 
‘‘The Commissioner shall also conduct periodic onsite re-
views 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.— 
(1) 
PROTECTION
AND
ADVOCACY
SYSTEM 
GRANTS.—Grants described under clause (i) of sub-
paragraph (C) of section 205(j)(6) of the Social Se-
curity Act (as added by subsection (a)) shall be 
awarded on August 1, 2018, and annually there-
after, and funds provided by such grants to a protec-
tion and advocacy system may be used to reimburse 
the protection and advocacy system for amounts ex-
pended by the protection and advocacy system dur-
ing the period beginning on May 1, 2018, and end-
ing 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 
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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 Secu-
rity Act (42 U.S.C. 405(j)(3)) is amended— 
(1) 
by 
redesignating 
subparagraphs 
(D) 
through (G) as subparagraphs (E) through (H), re-
spectively; 
(2) by inserting after subparagraph (C) the fol-
lowing: 
‘‘(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 house-
hold; 
‘‘(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 indi-
vidual entitled to such payment. 
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‘‘(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 insert-
ing ‘‘(E)’’. 
(b) TITLE VIII.—Section 807(h) of the Social Secu-
rity 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 fol-
lowing: 
‘‘(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 
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the Commissioner to determine the eligibility of such 
parties for the exemption provided in subparagraph 
(A). The Commissioner shall prescribe such regula-
tions 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 pri-
marily 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). 
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The Commissioner shall prescribe such regulations 
as may be necessary to determine eligibility for such 
exemption.’’; 
(3) in clause (v) (as so redesignated), by strik-
ing ‘‘and (iii)’’ and inserting ‘‘(iii), and (iv)’’; and 
(4) in clause (vi) (as so redesignated), by strik-
ing ‘‘(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 INFOR-
MATION 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 add-
ing 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 pur-
pose 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 
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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, rede-
termine 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 state-
wide mechanized data collection and information re-
trieval system described in section 474(a)(3)(C); and 
‘‘(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)) en-
titled to benefits under this title for such month 
whose benefits are certified for payment to a rep-
resentative 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,’’. 
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(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 re-
sponsibility of a State for each month dur-
ing 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 bene-
ficiary, 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 
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this Act, the Comptroller General shall submit 
to Congress a report on the results of the eval-
uation 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 bene-
ficiary’’, with respect to an individual for a 
month, means a child (as defined for pur-
poses of section 475(8) of the Social Secu-
rity Act) entitled to benefits under title II 
of such Act for such month whose benefits 
are certified for payment to a representa-
tive 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 
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that the Secretary of Health and Human Serv-
ices 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 after the date of the en-
actment of this Act. For purposes of the pre-
vious 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 PRO-
TECTIVE SERVICES.— 
(1) IN GENERAL.—The Commissioner of Social 
Security shall study and test the administrative fea-
sibility of improving information sharing, in partner-
ship with State agencies that provide adult protec-
tive services, with respect to— 
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(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 organiza-
tions 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 Ad-
ministrative Conference of the United States to con-
duct a study that includes— 
(A) an overview of potential opportunities 
for information sharing between the Social Se-
curity Administration and State courts and rel-
evant State agencies; 
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(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 fac-
tors that the Social Security Administration 
and the Congress should consider before imple-
menting 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 rep-
resented minor beneficiary for a month in which such indi-
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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 
(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. 
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‘‘(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 overpayments 
made on or after the date of the enactment of this Act 
and to any other overpayments that have not been recov-
ered 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 re-
sults of all reviews of representative payees conducted dur-
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ing 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 correc-
tive 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 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— 
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‘‘(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); 
‘‘(bb) paragraph (5) (on any other 
basis); and 
‘‘(cc) paragraph (7); and 
‘‘(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— 
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‘‘(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 
‘‘(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 2017, 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. 
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(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 2017, 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 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-
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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— 
‘‘(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-
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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)). 
(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; 
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lotter on DSKBCFDHB2PROD with BILLS
(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, 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 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. 
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‘‘(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 
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. 
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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 
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: 
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‘‘(VI) except as provided in clause (vi), such 
person has previously been convicted as described in 
subparagraph (B)(i)(VII).’’; and 
(B) by adding at the end the following: 
‘‘(vi) The Commissioner of Social Security 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 such benefits, to 
any person who— 
‘‘(I) is the custodial parent of a minor child for 
whom the person applies to serve; 
‘‘(II) is the custodial spouse of the beneficiary 
for whom the person applies to serve; 
‘‘(III) 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; 
‘‘(IV) is the custodial court appointed guardian 
of the beneficiary for whom the person applies to 
serve; 
‘‘(V) is the custodial grandparent of a minor 
grandchild for whom the person applies to serve; 
‘‘(VI) is the parent who was previously rep-
resentative payee for his or her minor child who has 
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since turned 18 and continues to be eligible for such 
benefit; or 
‘‘(VII) 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 fol-
lowing: 
‘‘(G) determine whether such person has 
been convicted, under Federal or State law, of 
a felony provided under paragraph (4), or of an 
attempt or a conspiracy to commit such a fel-
ony.’’; 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: 
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‘‘(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. 
‘‘(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. 
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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. 
(f) PERIODIC REVIEW.—Not later than 1 year after 
the date of enactment of this section, the Commissioner 
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