‘‘(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. 
‘‘(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-
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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)— 
(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 as described in subsection (b)(2)(G).’’; 
and 
(B) in paragraph (2), by adding at the end 
the following: 
‘‘(D) The Commissioner of Social Security 
may grant an exemption from the provisions of 
paragraph (1)(F), if the Commissioner deter-
mines that such exemption is in the best inter-
est of the individual entitled to such benefits, to 
any person who— 
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‘‘(i) is the custodial spouse of the ben-
eficiary for whom the person applies to 
serve; 
‘‘(ii) is the custodial court appointed 
guardian of the beneficiary for whom the 
person applies to serve; or 
‘‘(iii) received a presidential or guber-
natorial pardon for the relevant convic-
tion.’’. 
(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, under Federal or State law, of a felony 
provided under clause (xv), or of an attempt or a 
conspiracy to commit such a felony.’’; 
(2) in clause (iii)— 
(A) in subclause (IV), by striking ‘‘or’’ at 
the end; 
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lotter on DSKBCFDHB2PROD with BILLS
(B) in subclause (V), by striking the period 
at the end and inserting ‘‘, or’’; and 
(C) by adding at the end the following: 
‘‘(VI) except as provided in clause (xvii), such 
person has previously been convicted 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. 
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‘‘(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. 
The Commissioner of Social Security may promulgate reg-
ulations to provide for additional felony crimes under this 
clause. 
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‘‘(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-
ground check of any individual seeking to serve as a rep-
resentative 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 con-
duct 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. 
‘‘(xvii) The Commissioner of Social Security may 
grant an exemption from the provisions of clause (iii)(VI), 
if the Commissioner determines that such exemption is in 
the best interest of the individual entitled to 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 which began before the 
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beneficiary attained the age of 22, for whom the per-
son 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 
since turned 18 and continues to be eligible for such 
benefit; or 
‘‘(VII) 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-
resentative payee pursuant to 205(j), 807, or 
1631(a)(2) of the Social Security Act, to determine 
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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 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 and is not subject to an exemption 
as described in such subsection. 
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 
a representative payee during the period for which 
the individual’s benefits would be certified for pay-
ment to another person.’’. 
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(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: 
‘‘(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 
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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— 
(1) the appropriateness of its order of pref-
erence for selecting representative payees, including 
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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). 
Æ 
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