An act to amend titles II, VIII, and XVI of the Social Security Act to improve and strengthen the representative payment program
PL 115-165 (H.R.4547), enacted 04/13/2018

132 STAT. 1257 
PUBLIC LAW 115–165—APR. 13, 2018 
Public Law 115–165 
115th Congress 
An Act 
To amend titles II, VIII, and XVI of the Social Security Act to improve and strengthen 
the representative payment program. 
Be it enacted by the Senate and House of Representatives of 
the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Strengthening Protections for 
Social Security Beneficiaries Act of 2018’’. 
SEC. 2. TABLE OF CONTENTS. 
The table of contents for this Act is as follows: 
Sec. 1. Short title. 
Sec. 2. Table of contents. 
TITLE I—STRENGTHENING OVERSIGHT AND BENEFICIARY PROTECTION 
Sec. 101. Stronger monitoring of representative payees. 
Sec. 102. Reducing the burden on families. 
Sec. 103. Protecting beneficiaries through information sharing. 
Sec. 104. Clarifying overpayment liability for child in child welfare system. 
Sec. 105. Reports. 
TITLE II—IMPROVING PAYEE SELECTION AND QUALITY 
Sec. 201. Advance designation of representative payees. 
Sec. 202. Prohibition on individuals convicted of certain crimes serving as 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 BENEFICIARY PROTECTION 
SEC. 101. STRONGER MONITORING OF REPRESENTATIVE PAYEES. 
(a) PROTECTION AND ADVOCACY FOR BENEFICIARIES WITH REP-
RESENTATIVE PAYEES.—Section 205(j)(6) of the Social Security Act 
(42 U.S.C. 405(j)(6)) is amended by adding at the end the following: 
‘‘(C)(i) The Commissioner of Social Security shall make annual 
grants directly to the protection and advocacy system serving each 
of the States and the American Indian consortium for the purpose 
of conducting reviews of representative payees in accordance with 
this subparagraph. The total amount used by the Commissioner 
for such grants each year— 
‘‘(I) shall be an amount sufficient, as determined by the 
Commissioner in consultation with each of the protection and 
advocacy systems, to carry out all of the activities described 
in clause (ii); and 
Consultation. 
Intergovernmental 
relations. 
Native Americans. 
Grants. 
Reviews. 
42 USC 1305 
note. 
Strengthening 
Protections for 
Social Security 
Beneficiaries Act 
of 2018. 
Apr. 13, 2018 
[H.R. 4547] 
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132 STAT. 1258 
PUBLIC LAW 115–165—APR. 13, 2018 
‘‘(II) shall not be less than $25,000,000. 
‘‘(ii) A protection and advocacy system awarded a grant under 
this subparagraph shall use the grant funds to— 
‘‘(I) conduct all periodic onsite reviews pursuant to this 
paragraph and such other reviews of representative payees 
as the Commissioner may request, including reviews conducted 
in response to allegations or concerns about the performance 
or suitability of the payee; 
‘‘(II) conduct additional reviews that the protection and 
advocacy system has reason to believe are warranted; 
‘‘(III) develop corrective action plans to assist representa-
tive payees in conforming to requirements specified by the 
Commissioner; 
‘‘(IV) submit a report to the Commissioner on each com-
pleted review containing such information as the Commissioner 
shall require; and 
‘‘(V) conduct an initial onsite assessment of any organiza-
tion that begins collecting a fee for its services as a representa-
tive payee to ensure that such organization is established as 
such a representative payee in accordance with requirements 
specified by the Commissioner. 
A protection and advocacy system may refer beneficiaries to other 
programs or services as the protection and advocacy system con-
siders appropriate. 
‘‘(iii) To be eligible to receive grants under this section, a 
protection and advocacy system shall submit an initial application 
to the Commissioner at such time, in such form and manner, 
and accompanied by such information and assurances as the 
Commissioner may require. 
‘‘(iv)(I) Subject to subclause (II), the Commissioner shall ensure 
that any funds used for grants under clause (i) shall be allocated 
to the protection and advocacy systems serving each of the States 
and the American Indian consortium in a manner such that the 
amount provided to each protection and advocacy system bears 
the same ratio to the total of such funds as the number of 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 beneficiaries. 
‘‘(II) The amount of an annual grant to a protection and 
advocacy system under clause (i) shall— 
‘‘(aa) in the case of a protection and advocacy system 
serving American Samoa, Guam, the United States Virgin 
Islands, or the Commonwealth of the Northern Mariana 
Islands, or the American Indian consortium, not be less than 
$30,000; and 
‘‘(bb) in the case of a protection and advocacy system 
serving any other State, not be less than $60,000. 
‘‘(III) Funds provided to a protection and advocacy system 
through a grant under clause (i) for a 1-year period shall remain 
available through the end of the following 1-year period. 
‘‘(IV) For purposes of this clause, the term ‘represented bene-
ficiary’ 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. 
Time periods. 
Territories. 
Assessments. 
Reports. 
Plans. 
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132 STAT. 1259 
PUBLIC LAW 115–165—APR. 13, 2018 
‘‘(v)(I) The Commissioner shall make annual grants, in an 
amount equal to 4 percent of the total amount of grants awarded 
each year under clause (i), to an eligible national association for 
the provision of training and technical assistance, administrative 
support, and data collection services to protection and advocacy 
systems in connection with grants awarded under clause (i). 
‘‘(II) In this clause, the term ‘eligible national association’ means 
a national disability association with extensive knowledge and dem-
onstrated experience in providing training, technical assistance, 
and administrative oversight to protection and advocacy systems 
that monitor representative payees. 
‘‘(vi) In conducting reviews under this section, a protection 
and advocacy system shall have the same authorities, including 
access to records, facilities, and persons, as such system would 
have for purposes of providing services under subtitle C of title 
I of the Developmental Disabilities Assistance and Bill of Rights 
Act of 2000 (42 U.S.C. 15041 et seq.). 
‘‘(vii) Whenever benefit amounts under this title are increased 
by any percentage effective with any month after November 2018 
as a result of a determination made under section 215(i), each 
of the dollar amounts specified in clauses (i)(II) and (iv)(II) shall 
be increased by the same percentage. 
‘‘(viii) No additional funds are authorized to be appropriated 
to carry out the requirements of this subparagraph. Such require-
ments shall be carried out using amounts otherwise authorized. 
‘‘(ix) In this subparagraph: 
‘‘(I) The term ‘American Indian consortium’ means a consor-
tium established under subtitle C of title I of the Developmental 
Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 
15041 et seq.). 
‘‘(II) The term ‘protection and advocacy system’ means a 
protection and advocacy system established under subtitle C 
of title I of the Developmental Disabilities Assistance and Bill 
of Rights Act of 2000 (42 U.S.C. 15041 et seq.). 
‘‘(III) The term ‘State’ means the several States of the 
United States, the District of Columbia, the Commonwealth 
of Puerto Rico, the United States Virgin Islands, Guam, Amer-
ican Samoa, and the Commonwealth of the Northern Mariana 
Islands.’’. 
(b) EXPANSION OF PERIODIC ONSITE REVIEW REQUIREMENTS.— 
Section 205(j)(6)(A) of the Social Security Act (42 U.S.C. 405(j)(6)(A)) 
is amended— 
(1) in clause (ii), by striking ‘‘or’’; 
(2) in clause (iii), by striking the period and inserting 
‘‘; or’’; 
(3) by adding after clause (iii) the following: 
‘‘(iv) the representative payee collects a fee for its services.’’; 
and 
(4) by adding after clause (iv) (as added by paragraph 
(3)) the following flush text: 
‘‘The Commissioner shall also conduct periodic onsite reviews of 
individual and organizational payees, including payees who are 
related to the beneficiary and primarily reside in the same house-
hold, selected on the basis of risk-factors for potential misuse or 
unsuitability associated with such payees or beneficiaries.’’. 
(c) AVAILABILITY OF GRANT FUNDS.— 
42 USC 405 note. 
Definitions. 
Effective date. 
Definition. 
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132 STAT. 1260 
PUBLIC LAW 115–165—APR. 13, 2018 
(1) PROTECTION AND ADVOCACY SYSTEM GRANTS.—Grants 
described under clause (i) of subparagraph (C) of section 
205(j)(6) of the Social Security Act (as added by subsection 
(a)) shall be awarded on August 1, 2018, and annually there-
after, and funds provided by such grants to a protection and 
advocacy system may be used to reimburse the protection and 
advocacy system for amounts expended by the protection and 
advocacy system during the period beginning on May 1, 2018, 
and ending on such date for hiring and start-up costs in 
preparation to carry out reviews of representative payees in 
accordance with such subparagraph. 
(2) NATIONAL
ASSOCIATION
GRANTS.—Grants described 
under clause (v) of such subparagraph shall be awarded on 
May 1, 2018, and annually thereafter. 
SEC. 102. REDUCING THE BURDEN ON FAMILIES. 
(a) TITLE II.—Section 205(j)(3) of the Social Security Act (42 
U.S.C. 405(j)(3)) is amended— 
(1) by redesignating subparagraphs (D) through (G) as 
subparagraphs (E) through (H), respectively; 
(2) by inserting after subparagraph (C) the following: 
‘‘(D)(i) Subparagraph (A) shall not apply in any case 
where the other person to whom such payment is made 
is— 
‘‘(I) a parent, or other individual who is a 
legal guardian of, a minor child entitled to such 
payment who primarily resides in the same 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 individual entitled to 
such payment. 
‘‘(ii) The Commissioner of Social Security shall estab-
lish and implement procedures as necessary for the 
Commissioner to determine the eligibility of such parties 
for the exemption provided in clause (i). The Commissioner 
shall prescribe such regulations as may be necessary to 
determine eligibility for such exemption.’’; 
(3) in subparagaph (E) (as so redesignated), by striking 
‘‘and (C)’’ and inserting ‘‘(C), and (D)’’; and 
(4) in subparagraph (F) (as so redesignated), by striking 
‘‘(D)’’ each place it appears and inserting ‘‘(E)’’. 
(b) TITLE VIII.—Section 807(h) of the Social Security Act (42 
U.S.C. 1007(h)) is amended— 
(1) by redesignating paragraphs (3) through (5) as para-
graphs (4) through (6), respectively; and 
(2) by inserting after paragraph (2) the following: 
‘‘(3)(A) Paragraph (1) shall not apply in any case where 
the other person to whom such payment is made is the spouse 
of the individual entitled to such payment. 
‘‘(B) The Commissioner of Social Security shall establish 
and implement procedures as necessary for the Commissioner 
to determine the eligibility of such parties for the exemption 
Procedures. 
Determination. 
Regulations. 
Procedures. 
Determination. 
Award dates. 
Reimbursement. 
Time period. 
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132 STAT. 1261 
PUBLIC LAW 115–165—APR. 13, 2018 
provided in subparagraph (A). The Commissioner shall pre-
scribe such regulations as may be necessary to determine eligi-
bility for such exemption.’’. 
(c) TITLE XVI.—Section 1631(a)(2)(C) of the Social Security 
Act (42 U.S.C. 1383(a)(2)(C)) is amended— 
(1) by redesignating clauses (iv) and (v) as clauses (v) 
and (vi), respectively; 
(2) by inserting after clause (iii) the following: 
‘‘(iv)(I) Clause (i) shall not apply in any case where the 
representative payee is— 
‘‘(aa) a parent, or other individual who is a legal 
guardian of, a minor child entitled to such payment who 
primarily resides in the same household; 
‘‘(bb) a parent of an individual entitled to such payment 
who is under a disability who primarily resides in the 
same household; or 
‘‘(cc) the spouse of the individual entitled to such pay-
ment. 
‘‘(II) The Commissioner of Social Security shall establish 
and implement procedures as necessary for the Commissioner 
to determine the eligibility of such parties for the exemption 
provided in subclause (I). The Commissioner shall prescribe 
such regulations as may be necessary to determine eligibility 
for such exemption.’’; 
(3) in clause (v) (as so redesignated), by striking ‘‘and 
(iii)’’ and inserting ‘‘(iii), and (iv)’’; and 
(4) in clause (vi) (as so redesignated), by striking ‘‘(iv)’’ 
each time it appears and inserting ‘‘(v)’’. 
(d) EFFECTIVE DATE.—The amendments made by this section 
shall take effect on the date of the enactment of this Act. 
SEC. 103. PROTECTING BENEFICIARIES THROUGH INFORMATION 
SHARING. 
(a) INFORMATION SHARING TO DETERMINE STATE FOSTER CARE 
STATUS.— 
(1) IN GENERAL.—Section 205(j) of the Social Security Act 
(42 U.S.C. 405(j)) is amended by adding at the end the following: 
‘‘(11)(A) The Commissioner of Social Security shall— 
‘‘(i) enter into agreements with each State with a plan 
approved under part E of title IV for the purpose of sharing 
and matching data, on an automated monthly basis, in the 
system of records of the Social Security Administration with 
each Statewide and Tribal Automated Child Welfare Informa-
tion System to identify represented minor beneficiaries who 
are in foster care under the responsibility of the State for 
such month; and 
‘‘(ii) in any case in which a represented minor beneficiary 
has entered or exited foster care or changed foster care place-
ment in such month, redetermine the appropriate representa-
tive 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 Wel-
fare Information System’ means a statewide mechanized data 
collection and information retrieval system described in section 
474(a)(3)(C); and 
Definitions. 
Contracts. 
Plan. 
Records. 
42 USC 405 note. 
Procedures. 
Determination. 
Regulations. 
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132 STAT. 1262 
PUBLIC LAW 115–165—APR. 13, 2018 
‘‘(iii) the term ‘represented minor beneficiary’, with respect 
to an individual for a month, means a child (as defined for 
purposes of section 475(8)) entitled to benefits under this title 
for such month whose benefits are certified for payment to 
a representative payee.’’. 
(2) CONFORMING
CHANGE.—Section 471(a)(8)(A) of the 
Social Security Act (42 U.S.C. 671(a)(8)(A)) is amended by 
inserting ‘‘the program established by title II,’’ after ‘‘XX,’’. 
(3) GAO STUDY AND REPORT.— 
(A) EVALUATION.—As soon as possible after the date 
of the enactment of this Act, the Comptroller General shall 
evaluate— 
(i) the number of represented minor beneficiaries 
in foster care under the responsibility of a State for 
each month during the previous year; 
(ii) whether the representative payee for each rep-
resented minor beneficiary is— 
(I) a governmental child welfare agency; 
(II) an organizational payee that is not a 
governmental child welfare agency; 
(III) a foster parent or child-care institution 
(within the meaning of part E of title IV); or 
(IV) another individual; and 
(iii) whether funds were conserved, used for direct 
expenses of the minor beneficiary, or used to reimburse 
the State for foster care maintenance costs. 
(B) REPORT TO CONGRESS.—Not later than 36 months 
after the date of enactment of this Act, the Comptroller 
General shall submit to Congress a report on the results 
of the evaluation required under subparagraph (A). 
(C) DEFINITIONS.—For purposes of this paragraph— 
(i) the term ‘‘State’’ has the meaning given such 
term for purposes of part E of title IV of the Social 
Security Act; and 
(ii) the term ‘‘represented minor beneficiary’’, with 
respect to an individual for a month, means a child 
(as defined for purposes of section 475(8) of the Social 
Security Act) entitled to benefits under title II of such 
Act for such month whose benefits are certified for 
payment to a representative payee. 
(4) EFFECTIVE DATE.— 
(A) IN GENERAL.—The amendments made by this sub-
section shall apply with respect to months beginning on 
or after the date that is 1 year after the date of the 
enactment of this Act. 
(B) EXCEPTION IF STATE LEGISLATION REQUIRED.—In 
the case of a State plan under part E of title IV of the 
Social Security Act that the Secretary of Health and 
Human Services determines requires State legislation 
(other than legislation appropriating funds) in order for 
the plan to meet the additional requirement imposed by 
the amendments made under this subsection, such plan 
shall not be regarded as failing to comply with the require-
ments 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 
Plan. 
Determination. 
Time period. 
Applicability. 
Time period. 
42 USC 405 note. 
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132 STAT. 1263 
PUBLIC LAW 115–165—APR. 13, 2018 
after the date of the enactment of this Act. For purposes 
of the previous sentence, in the case of a State that has 
a 2-year legislative session, each year of such session shall 
be deemed to be a separate regular session of the State 
legislature. 
(b) IMPROVING COORDINATION WITH ADULT PROTECTIVE SERV-
ICES.— 
(1) IN GENERAL.—The Commissioner of Social Security shall 
study and test the administrative feasibility of improving 
information sharing, in partnership with State agencies that 
provide adult protective services, with respect to— 
(A) the assessment of an individual’s need for a rep-
resentative payee in connection with benefits to which the 
individual is entitled under title II or title XVI of the 
Social Security Act; and 
(B) oversight of individuals and organizations serving 
as representative payees. 
(2) REPORT.—Not later than June 30, 2022, the Commis-
sioner of Social Security shall conclude the study described 
in paragraph (1) and submit to the Committee on Ways and 
Means of the House of Representatives and the Committee 
on Finance of the Senate a report on the results of such study. 
(c) STUDY
ON
POTENTIAL
TO
COORDINATE
WITH
STATE 
COURTS.— 
(1) IN GENERAL.—The Commissioner of Social Security shall 
enter into an agreement with the Administrative Conference 
of the United States to conduct a study that includes— 
(A) an overview of potential opportunities for informa-
tion sharing between the Social Security Administration 
and State courts and relevant State agencies; 
(B) a detailed analysis of the barriers to such informa-
tion sharing, including any Federal or State statutory bar-
riers; 
(C) a description of how such information sharing 
would be implemented, including any additional infrastruc-
ture needed; and 
(D) a description of any risks or other factors that 
the Social Security Administration and the Congress should 
consider before implementing such information sharing. 
(2) REPORT.—Not later than June 30, 2020, the Commis-
sioner 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 avail-
able 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 Secu-
rity Act (42 U.S.C. 404(a)) is amended by adding at the end the 
following: 
‘‘(3)(A) When any payment of more than the correct amount 
is made on behalf of an individual who is a represented minor 
beneficiary for a month in which such individual is in foster care 
under the responsibility of a State and the State is the representa-
tive payee of such individual, the State shall be liable for the 
repayment of the overpayment, and there shall be no adjustment 
Public 
information. 
Analysis. 
Contracts. 
Assessment. 
Study. 
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132 STAT. 1264 
PUBLIC LAW 115–165—APR. 13, 2018 
of payments to, or recovery by the United States from, such indi-
vidual. 
‘‘(B) For purposes of this paragraph, the term ‘represented 
minor beneficiary’ has the meaning given such term in subsection 
(j)(11)(B)(iii).’’. 
(b) AMENDMENT TO TITLE XVI.—Section 1631(b) of the Social 
Security Act (42 U.S.C. 1683(b)) is amended— 
(1) by redesignating paragraphs (3) through (7) as para-
graphs (4) through (8), respectively; and 
(2) by inserting after paragraph (2) the following: 
‘‘(3)(A) When any payment of more than the correct amount 
is made on behalf of an individual who is a represented minor 
beneficiary for a month in which such individual is in foster care 
under the responsibility of a State and the State is the representa-
tive payee of such individual, the State shall be liable for the 
repayment of the overpayment, and there shall be no adjustment 
of payments to, or recovery by the United States from, such indi-
vidual. 
‘‘(B) For purposes of this paragraph, the term ‘represented 
minor beneficiary’, with respect to an individual for a month, means 
a child (as defined for purposes of section 475(8)) entitled to benefits 
under this title for such month whose benefits are certified for 
payment to a representative payee.’’. 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall apply with respect to overpayment determinations made on 
or after the date of the enactment of this Act and to any other 
overpaid amounts that have not been recovered as of such date. 
SEC. 105. REPORTS. 
(a) REPORT ON BENEFITS MISUSED.—Section 205(j) of the Social 
Security Act (42 U.S.C. 405(j)), as amended by section 103(a), is 
further amended— 
(1) in paragraph (6)— 
(A) by striking ‘‘(A) In addition to’’ and inserting ‘‘In 
addition to’’; and 
(B) by striking subparagraph (B); and 
(2) by adding at the end the following: 
‘‘(12)(A) Not later than January 31 of each fiscal year, the 
Commissioner shall submit to the Committee on Ways and Means 
of the House of Representatives and the Committee on Finance 
of the Senate a report on the total number of individuals entitled 
to benefits under titles II, VIII, and XVI, respectively, (and the 
number of individuals concurrently entitled to benefits under more 
than one such title) who have a representative payee, the total 
number of such representative payees, and the results of all reviews 
of representative payees conducted during the previous fiscal year 
in connection with benefits under this title, title VIII, or title 
XVI. Such report shall summarize problems identified in such 
reviews and corrective actions taken or planned to be taken to 
correct such problems, and shall include— 
‘‘(i) the number of such reviews; 
‘‘(ii) the results of such reviews; 
‘‘(iii) the number of cases in which the representative payee 
was changed and why; 
‘‘(iv) the number of reviews conducted in response to allega-
tions or concerns about the performance or suitability of the 
payee; 
Applicability. 
42 USC 404 note. 
Definition. 
Definition. 
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132 STAT. 1265 
PUBLIC LAW 115–165—APR. 13, 2018 
‘‘(v) the number of cases discovered in which there was 
a misuse of funds, and the total dollar amount of benefits 
determined by the Commissioner during such fiscal year to 
have been misused by a representative payee (regardless of 
the fiscal year in which such misuse occurred); 
‘‘(vi) the number of cases discovered in which such misuse 
of funds resulted from the negligent failure of the Commissioner 
to investigate or monitor a representative payee; 
‘‘(vii) the final disposition of such cases of misuse of funds, 
including— 
‘‘(I) any criminal, civil, and administrative penalties 
imposed; 
‘‘(II) the total dollar amount of misused benefits repaid 
to beneficiaries and alternative representative payees 
under each of— 
‘‘(aa) paragraph (5) (on the basis of a negligent 
failure of the Commissioner described in such para-
graph); 
‘‘(bb) paragraph (5) (on any other basis); and 
‘‘(cc) paragraph (7); 
‘‘(III) the total dollar amount of misused benefits recov-
ered under each of— 
‘‘(aa) paragraph (5); and 
‘‘(bb) paragraph (7); 
‘‘(viii) any updates to prior year reports necessary to reflect 
subsequent recoveries and repayments pertaining to misuse 
determinations made in prior years; and 
‘‘(ix) such other information as the Commissioner deems 
appropriate. 
‘‘(B) Each report required under this paragraph for a fiscal 
year shall include the information described in clauses (i) through 
(ix) of subparagraph (A) with respect to— 
‘‘(i) all representative payees reviewed during such fiscal 
year; 
‘‘(ii) all such representative payees that are organizations, 
separated by whether such organization collects a fee for its 
services as a representative payee; 
‘‘(iii) all such representative payees that are individuals 
serving 15 or more individuals; and 
‘‘(iv) all such representative payees that are individuals 
serving less than 15 individuals, separated by whether such 
representative payee is a family member.’’. 
(b) REPORT ON ELIMINATION OF THE ACCOUNTING FORM.—The 
Commissioner shall— 
(1) conduct a study on the changes made by the amend-
ments made by section 102 of the Strengthening Protections 
for Social Security Beneficiaries Act of 2018, which shall include 
the impact of such changes on families, beneficiaries, and the 
operations of the Social Security Administration; and 
(2) not later than January 1, 2021, submit a report on 
the results of such study to the Committee on Ways and Means 
of the House of Representatives and the Committee on Finance 
of the Senate. 
(c) REPORT
ON
THE ADVANCED DESIGNATION POLICY.—The 
Commissioner shall— 
(1) conduct a study on the changes made by the amend-
ments made by section 201 of the Strengthening Protections 
Study. 
Study. 
Determination. 
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132 STAT. 1266 
PUBLIC LAW 115–165—APR. 13, 2018 
for Social Security Beneficiaries Act of 2018, which shall include 
the impact of such changes on beneficiaries and the operations 
of the Social Security Administration; and 
(2) not later than January 1, 2025, submit a report on 
the results of such study to the Committee on Ways and Means 
of the House of Representatives and the Committee on Finance 
of the Senate. 
TITLE II—IMPROVING PAYEE 
SELECTION AND QUALITY 
SEC. 201. ADVANCE DESIGNATION OF REPRESENTATIVE PAYEES. 
(a) IN GENERAL.—Section 205(j)(1) of the Social Security Act 
(42 U.S.C. 405(j)(1)) is amended by adding at the end the following: 
‘‘(C)(i) An individual who is entitled to or is an applicant for 
a benefit under this title, title VIII, or title XVI, who has attained 
18 years of age or is an emancipated minor, may, at any time, 
designate one or more other individuals to serve as a representative 
payee for such individual in the event that the Commissioner of 
Social Security determines under subparagraph (A) that the interest 
of such individual would be served by certification for payment 
of such benefits to which the individual is entitled to a representa-
tive payee. If the Commissioner of Social Security makes such 
a determination with respect to such individual at any time after 
such designation has been made, the Commissioner shall— 
‘‘(I) certify payment of such benefits to the designated 
individual, subject to the requirements of paragraph (2); or 
‘‘(II) if the Commissioner determines that certification for 
payment of such benefits to the designated individual would 
not satisfy the requirements of paragraph (2), that the des-
ignated individual 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 organization, in accord-
ance with paragraph (1). 
‘‘(ii) An organization may not be designated to serve as a 
representative payee under this subparagraph.’’. 
(b) EFFECTIVE DATE.—The amendment made by subsection (a) 
shall take effect on the date that is 2 years after the date of 
the enactment of this section. 
(c) REGULATIONS.—Not later than 18 months after the date 
of the enactment of this section, the Commissioner of Social Security 
shall promulgate regulations specifying the information an indi-
vidual is required to provide to the Commissioner in order to 
designate another individual to serve as the individual’s representa-
tive payee under section 205(j)(1)(C) of the Social Security Act 
(as added by subsection (a)). 
(d) NOTIFICATION TO BENEFICIARIES.—Not later than January 
1, 2020, and annually thereafter, the Commissioner of Social Secu-
rity shall notify each individual entitled to a benefit under title 
II, VIII, or XVI of the Social Security Act of the name of any 
individual designated to serve as the individual’s representative 
payee under section 205(j)(1)(C) of such Act (as added by subsection 
(a)). 
Deadline. 
42 USC 405 note. 
Deadline. 
42 USC 405 note. 
42 USC 405 note. 
Determinations. 
Certifications. 
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132 STAT. 1267 
PUBLIC LAW 115–165—APR. 13, 2018 
SEC. 202. PROHIBITION ON INDIVIDUALS CONVICTED OF CERTAIN 
CRIMES SERVING AS REPRESENTATIVE PAYEES. 
(a) AMENDMENTS TO TITLE II.—Section 205(j)(2) of the Social 
Security Act (42 U.S.C. 405(j)(2)) is amended— 
(1) in subparagraph (B)— 
(A) in clause (i)— 
(i) in subclause (V), by striking ‘‘and’’ at the end; 
(ii) in subclause (VI), by striking the period and 
inserting ‘‘, and’’; and 
(iii) by adding at the end the following: 
‘‘(VII) determine whether such person has been convicted 
(and not subsequently exonerated), under Federal or State law, 
of a felony provided under clause (iv), or of an attempt or 
a conspiracy to commit such a felony.’’; and 
(B) by adding at the end the following: 
‘‘(iv) The felony crimes provided under this clause, whether 
an offense under State or Federal law, are the following: 
‘‘(I) Human trafficking, including as prohibited under sec-
tions 1590 and 1591 of title 18, United States Code. 
‘‘(II) False imprisonment, including as prohibited under 
section 1201 of title 18, United States Code. 
‘‘(III) Kidnapping, including as prohibited under section 
1201 of title 18, United States Code. 
‘‘(IV) Rape and sexual assault, including as prohibited 
under sections 2241, 2242, 2243, and 2244 of title 18, United 
States Code. 
‘‘(V) First-degree homicide, including as prohibited under 
section 1111 of title 18, United States Code. 
‘‘(VI) Robbery, including as prohibited under section 2111 
of title 18, United States Code. 
‘‘(VII) Fraud to obtain access to government assistance, 
including as prohibited under sections 287, 1001, and 1343 
of title 18, United States Code. 
‘‘(VIII) Fraud by scheme, including as prohibited under 
section 1343 of title 18, United States Code. 
‘‘(IX) Theft of government funds or property, including as 
prohibited under section 641 of title 18, United States Code. 
‘‘(X) Abuse or neglect, including as prohibited under sec-
tions 111, 113, 114, 115, 116, or 117 of title 18, United States 
Code. 
‘‘(XI) Forgery, including as prohibited under section 642 
and chapter 25 (except section 512) of title 18, United States 
Code. 
‘‘(XII) Identity theft or identity fraud, including as prohib-
ited under sections 1028 and 1028A of title 18, United States 
Code. 
The Commissioner of Social Security may promulgate regulations 
to provide for additional felony crimes under this clause. 
‘‘(v)(I) For the purpose of carrying out the activities required 
under subparagraph (B)(i) as part of the investigation under 
subparagraph (A)(i), the Commissioner may conduct a background 
check of any individual seeking to serve as a representative payee 
under this subsection and may disqualify from service as a rep-
resentative payee any such individual who fails to grant permission 
for the Commissioner to conduct such a background check. 
‘‘(II) The Commissioner may revoke certification of payment 
of benefits under this subsection to any individual serving as a 
Certification. 
Effective date. 
Determinations. 
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132 STAT. 1268 
PUBLIC LAW 115–165—APR. 13, 2018 
representative payee on or after January 1, 2019 who fails to 
grant permission for the Commissioner to conduct such a back-
ground check.’’; and 
(2) in subparagraph (C)— 
(A) in clause (i)— 
(i) in subclause (IV), by striking ‘‘or’’ at the end; 
(ii) in subclause (V), by striking the period at the 
end and inserting ‘‘, or’’; and 
(iii) by adding at the end the following: 
‘‘(VI) except as provided in clause (vi), such person has 
previously been convicted (and not subsequently exonerated) 
as described in subparagraph (B)(i)(VII).’’; and 
(B) by adding at the end the following: 
‘‘(vi)(I) With respect to any person described in subclause (II)— 
‘‘(aa) subparagraph (B)(i)(VII) shall not apply; and 
‘‘(bb) the Commissioner may grant an exemption from the 
provisions of clause (i)(VI) if the Commissioner determines that 
such exemption is in the best interest of the individual entitled 
to benefits. 
‘‘(II) A person is described in this subclause if the person— 
‘‘(aa) is the custodial parent of a minor child for whom 
the person applies to serve; 
‘‘(bb) is the custodial spouse of the beneficiary for whom 
the person applies to serve; 
‘‘(cc) is the custodial parent of a beneficiary who is under 
a disability (as defined in section 223(d)) which began before 
the beneficiary attained the age of 22, for whom the person 
applies to serve; 
‘‘(dd) is the custodial court appointed guardian of the bene-
ficiary for whom the person applies to serve; 
‘‘(ee) is the custodial grandparent of a minor grandchild 
for whom the person applies to serve; 
‘‘(ff) is the parent who was previously representative payee 
for his or her minor child who has since turned 18 and continues 
to be eligible for such benefit; or 
‘‘(gg) received a presidential or gubernatorial pardon for 
the relevant conviction.’’. 
(b) AMENDMENTS
TO TITLE VIII.—Section 807 of the Social 
Security Act (42 U.S.C. 1007) is amended— 
(1) in subsection (b)— 
(A) in paragraph (2)— 
(i) in subparagraph (E), by striking ‘‘and’’ at the 
end; 
(ii) in subparagraph (F), by striking the period 
and inserting ‘‘, and’’; and 
(iii) by adding at the end the following: 
‘‘(G) determine whether such person has been convicted 
(and not subsequently exonerated), under Federal or State 
law, of a felony provided under paragraph (4), or of an 
attempt or a conspiracy to commit such a felony.’’; and 
(B) by adding at the end the following: 
‘‘(4) The felony crimes provided under this paragraph, 
whether an offense under State or Federal law, are the fol-
lowing: 
‘‘(A) Human trafficking, including as prohibited under 
sections 1590 and 1591 of title 18, United States Code. 
Determination. 
Exemption. 
Determination. 
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132 STAT. 1269 
PUBLIC LAW 115–165—APR. 13, 2018 
‘‘(B) False imprisonment, including as prohibited under 
section 1201 of title 18, United States Code. 
‘‘(C) Kidnapping, including as prohibited under section 
1201 of title 18, United States Code. 
‘‘(D) Rape and sexual assault, including as prohibited 
under sections 2241, 2242, 2243, and 2244 of title 18, 
United States Code. 
‘‘(E) First-degree homicide, including as prohibited 
under section 1111 of title 18, United States Code. 
‘‘(F) Robbery, including as prohibited under section 
2111 of title 18, United States Code. 
‘‘(G) Fraud to obtain access to government assistance, 
including as prohibited under sections 287, 1001, and 1343 
of title 18, United States Code. 
‘‘(H) Fraud by scheme, including as prohibited under 
section 1343 of title 18, United States Code. 
‘‘(I) Theft of government funds or property, including 
as prohibited under section 641 of title 18, United States 
Code. 
‘‘(J) Abuse or neglect, including as prohibited under 
sections 111, 113, 114, 115, 116, or 117 of title 18, United 
States Code. 
‘‘(K) Forgery, including as prohibited under section 
642 and chapter 25 (except section 512) of title 18, United 
States Code. 
‘‘(L) Identity theft or identity fraud, including as 
prohibited under sections 1028 and 1028A of title 18, 
United States Code. 
The Commissioner of Social Security may promulgate regula-
tions to provide for additional felony crimes under this clause. 
‘‘(5)(A) For the purpose of carrying out the activities required 
under paragraph (2) as part of the investigation under paragraph 
(1)(A), the Commissioner may conduct a background check of any 
individual seeking to serve as a representative payee under this 
subsection and may disqualify from service as a representative 
payee any such individual who fails to grant permission for the 
Commissioner to conduct such a background check. 
‘‘(B) The Commissioner may revoke certification of payment 
of benefits under this subsection to any individual serving as a 
representative payee on or after January 1, 2019 who fails to 
grant permission for the Commissioner to conduct such a back-
ground check.’’; and 
(2) in subsection (d)— 
(A) in paragraph (1)— 
(i) in subparagraph (D), by striking ‘‘or’’ at the 
end; 
(ii) in subparagraph (E), by striking the period 
at the end and inserting ‘‘, or’’; and 
(iii) by adding at the end the following: 
‘‘(F) except as provided in paragraph (2)(D), such per-
son has previously been convicted (and not subsequently 
exonerated) as described in subsection (b)(2)(G).’’; and 
(B) in paragraph (2), by adding at the end the following: 
‘‘(D)(i) With respect to any person described in clause (II)— 
‘‘(I) subsection (b)(2)(G) shall not apply; and 
‘‘(II) the Commissioner may grant an exemption from the provi-
sions of paragraph (1)(F) if the Commissioner determines that such 
Exemption. 
Determination. 
Certification. 
Effective date. 
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132 STAT. 1270 
PUBLIC LAW 115–165—APR. 13, 2018 
exemption is in the best interest of the individual entitled to bene-
fits. 
‘‘(ii) A person is described in this clause if the person— 
‘‘(I) is the custodial spouse of the beneficiary for whom the 
person applies to serve; 
‘‘(II) is the custodial court appointed guardian of the beneficiary 
for whom the person applies to serve; or 
‘‘(III) received a presidential or gubernatorial pardon for the 
relevant conviction.’’. 
(c) AMENDMENTS TO TITLE XVI.—Section 1631(a)(2)(B) of the 
Social Security Act (42 U.S.C. 1383(a)(2)(B)) is amended— 
(1) in clause (ii)— 
(A) in subclause (V), by striking ‘‘and’’ at the end; 
(B) in subclause (VI), by striking the period and 
inserting ‘‘, and’’; and 
(C) by adding at the end the following: 
‘‘(VII) determine whether such person has been convicted 
(and not subsequently exonerated), under Federal or State law, 
of a felony provided under clause (xv), or of an attempt or 
a conspiracy to commit such a felony.’’; 
(2) in clause (iii)— 
(A) in subclause (IV), by striking ‘‘or’’ at the end; 
(B) in subclause (V), by striking the period at the 
end and inserting ‘‘, or’’; and 
(C) by adding at the end the following: 
‘‘(VI) except as provided in clause (xvii), such person has 
previously been convicted (and not subsequently exonerated) 
as described in clause (ii)(VII).’’; and 
(3) by adding at the end the following: 
‘‘(xv) The felony crimes provided under this clause, whether 
an offense under State or Federal law, are the following: 
‘‘(I) Human trafficking, including as prohibited under sec-
tions 1590 and 1591 of title 18, United States Code. 
‘‘(II) False imprisonment, including as prohibited under 
section 1201 of title 18, United States Code. 
‘‘(III) Kidnapping, including as prohibited under section 
1201 of title 18, United States Code. 
‘‘(IV) Rape and sexual assault, including as prohibited 
under sections 2241, 2242, 2243, and 2244 of title 18, United 
States Code. 
‘‘(V) First-degree homicide, including as prohibited under 
section 1111 of title 18, United States Code. 
‘‘(VI) Robbery, including as prohibited under section 2111 
of title 18, United States Code. 
‘‘(VII) Fraud to obtain access to government assistance, 
including as prohibited under sections 287, 1001, and 1343 
of title 18, United States Code. 
‘‘(VIII) Fraud by scheme, including as prohibited under 
section 1343 of title 18, United States Code. 
‘‘(IX) Theft of government funds or property, including as 
prohibited under section 641 of title 18, United States Code. 
‘‘(X) Abuse or neglect, including as prohibited under sec-
tions 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. 
Determination. 
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132 STAT. 1271 
PUBLIC LAW 115–165—APR. 13, 2018 
‘‘(XII) Identity theft or identity fraud, including as prohib-
ited under sections 1028 and 1028A of title 18, United States 
Code. 
The Commissioner of Social Security may promulgate regulations 
to provide for additional felony crimes under this clause. 
‘‘(xvi)(I) For the purpose of carrying out the activities required 
under clause (ii) as part of the investigation under clause (i)(I), 
the Commissioner may conduct a background check of any indi-
vidual seeking to serve as a representative payee under this sub-
section and may disqualify from service as a representative payee 
any such individual who fails to grant permission for the Commis-
sioner to conduct such a background check. 
‘‘(II) The Commissioner may revoke certification of payment 
of benefits under this subsection to any individual serving as a 
representative payee on or after January 1, 2019 who fails to 
grant permission for the Commissioner to conduct such a back-
ground check. 
‘‘(xvii)(I) With respect to any person described in subclause 
(II)— 
‘‘(aa) clause (ii)(VII) shall not apply; and 
‘‘(bb) the Commissioner may grant an exemption from the 
provisions of clause (iii)(VI) if the Commissioner determines 
that such exemption is in the best interest of the individual 
entitled to benefits. 
‘‘(II) A person is described in this subclause if the person— 
‘‘(aa) is the custodial parent of a minor child for whom 
the person applies to serve; 
‘‘(bb) is the custodial spouse of the beneficiary for whom 
the person applies to serve; 
‘‘(cc) is the custodial parent of a beneficiary who is under 
a disability which began before the beneficiary attained the 
age of 22, for whom the person applies to serve; 
‘‘(dd) is the custodial court appointed guardian of the bene-
ficiary for whom the person applies to serve; 
‘‘(ee) is the custodial grandparent of a minor grandchild 
for whom the person applies to serve; 
‘‘(ff) is the parent who was previously representative payee 
for his or her minor child who has since turned 18 and continues 
to be eligible for such benefit; or 
‘‘(gg) received a presidential or gubernatorial pardon for 
the relevant conviction.’’. 
(d) APPLICATION TO NEW APPOINTMENTS.—Subject to subsection 
(e), the amendments made by subsections (a), (b), and (c) shall 
apply with respect to any individual appointed to serve as a rep-
resentative payee pursuant to section 205(j), 807, or 1631(a)(2) 
of the Social Security Act on or after January 1, 2019. 
(e) APPLICATION TO PRIOR APPOINTMENTS.— 
(1) IN
GENERAL.—Not later than January 1, 2024, the 
Commissioner of Social Security shall conduct a review of each 
individual serving as a representative payee pursuant to 205(j), 
807, or 1631(a)(2) of the Social Security Act, to determine 
whether such individual has been convicted of a felony as 
described 
in 
section 
205(j)(2)(B)(i)(VII), 
807(b)(2)(G), 
or 
1631(a)(2)(B)(ii)(VII), respectively (as such provisions are added 
by this section). Except as provided in section 205(j)(2)(C)(vi), 
807(d)(2)(D), or 1631(a)(2)(B)(xvii) (as so added), any individual 
determined by the Commissioner to have been so convicted 
Effective date. 
Deadline. 
Review. 
Determination. 
42 USC 405 note. 
Effective date. 
42 USC 405 note. 
Exemption. 
Determination. 
Certification. 
Effective date. 
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132 STAT. 1272 
PUBLIC LAW 115–165—APR. 13, 2018 
may not serve as a representative payee on or after the date 
of such determination. 
(2) PRIORITY.—In conducting reviews under paragraph (1), 
the Commissioner shall prioritize reviews of the following cat-
egories of individuals, in the following order: 
(A) An individual serving as representative payee for 
15 or more individuals. 
(B) An individual serving as representative payee for 
an individual who is not related to the representative 
payee. 
(C) An individual serving as representative payee for 
an individual who has attained the age of 18 and is not 
the spouse of the representative payee. 
(f) PERIODIC REVIEW.—Not later than 1 year after the date 
of enactment of this section, the Commissioner of Social Security 
shall issue regulations to establish a process for reviewing each 
individual serving as a representative payee pursuant to section 
205(j), 807, or 1631(a)(2) of the Social Security Act (other than 
individuals with respect to whom an exemption has been granted 
under section 205(j)(2)(C)(vi), 807(d)(2)(D), or 1631(a)(2)(B)(xvii)) 
not less than once every 5 years to determine whether any such 
individual has been convicted of a felony as described in subsection 
(e)(1) of this section. 
SEC. 203. PROHIBITION ON INDIVIDUALS WITH REPRESENTATIVE 
PAYEES SERVING AS REPRESENTATIVE PAYEES. 
(a) AMENDMENT
TO TITLE II.—Section 205(j)(2)(C)(i) of the 
Social Security Act (42 U.S.C. 405(j)(2)(C)(i)), as amended by section 
202(a)(2), is further amended— 
(1) in subclause (V), by striking ‘‘or’’ at the end; 
(2) in subclause (VI), by striking the period and inserting 
‘‘, or’’; and 
(3) by adding at the end the following: 
‘‘(VII) such person’s benefits under this title, title VIII, 
or title XVI are certified for payment to a representative payee 
during the period for which the individual’s benefits would 
be certified for payment to another person.’’. 
(b) AMENDMENT TO TITLE VIII.—Section 807(d)(1) of the Social 
Security Act (42 U.S.C. 1007(d)(1)), as amended by section 202(b)(2), 
is further amended— 
(1) in subparagraph (E), by striking ‘‘or’’ at the end; 
(2) in subparagraph (F), by striking the period and inserting 
‘‘, or’’; and 
(3) by adding at the end the following: 
‘‘(G) such person’s benefits under this title, title II, 
or title XVI are certified for payment to a representative 
payee during the period for which the individual’s benefits 
would be certified for payment to another person.’’. 
(c) AMENDMENT TO TITLE XVI.—Section 1631(a)(2)(B)(iii) of the 
Social Security Act (42 U.S.C. 1383(a)(2)(B)(iii)), as amended by 
section 202(c)(2), is further amended— 
(1) in subclause (V), by striking ‘‘or’’ at the end; 
(2) in subclause (VI), by striking the period and inserting 
‘‘, or’’; and 
(3) by adding at the end the following: 
‘‘(VII) such person’s benefits under this title, title II, or 
title VIII are certified for payment to a representative payee 
Certification. 
Certification. 
Certification. 
Deadline. 
Regulations. 
Time period. 
Determination. 
42 USC 405 note. 
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132 STAT. 1273 
PUBLIC LAW 115–165—APR. 13, 2018 
LEGISLATIVE HISTORY—H.R. 4547: 
CONGRESSIONAL RECORD, Vol. 164 (2018): 
Feb. 5, considered and passed House. 
Mar. 22, considered and passed Senate. 
during the period for which the individual’s benefits would 
be certified for payment to another person.’’. 
(d) EFFECTIVE DATE.— 
(1) NEW
APPOINTMENTS.—Subject to paragraph (2), the 
amendments made by this section shall apply with respect 
to any individual appointed to serve as a representative payee 
under title II, title VIII, or title XVI of the Social Security 
Act on or after January 1, 2019. 
(2) PRIOR
APPOINTMENTS.—With respect to individuals 
serving as a representative payee whose benefits under this 
title, title VIII, or title XVI are certified for payment to another 
representative payee as of January 1, 2019, the Commissioner 
shall take any steps necessary to terminate such individual’s 
service as a representative payee as soon as possible, but no 
later than January 1, 2024. 
SEC. 204. REASSESSMENT OF PAYEE SELECTION AND REPLACEMENT 
POLICIES. 
(a) IN GENERAL.—The Commissioner of Social Security shall 
conduct, with opportunity for public comment, a review and 
reassessment of— 
(1) the appropriateness of its order of preference for 
selecting representative payees, including payees who may be 
creditors of the beneficiary or who are private, for-profit institu-
tions; and 
(2) the effectiveness of its policy and operational procedures 
in properly determining when to change a representative payee, 
including— 
(A) from a payee that has a higher order of preference 
(such as a family member) to a payee that has a lower 
order of preference (such as a creditor); or 
(B) when a request to change payees arises from some-
one other than the beneficiary. 
(b) REPORT.—Not later than 18 months after the date of the 
enactment of this Act, the Commissioner of Social Security shall 
submit to the Committee on Ways and Means of the House of 
Representatives and the Committee on Finance of the Senate and 
make publicly available a report on the results of the review and 
reassessment under subsection (a). 
Approved April 13, 2018. 
Public comment. 
Review. 
Certification. 
Termination 
date. 
Applicability 
42 USC 405 note. 
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