#aaeth ,,congress #b;d ,session ,h4 ,r4 #dedg ,,an ,,act ,to amend titles ,,ii1 ,,viii1 and ,,xvi of the ,social ,security ,act to improve and strengthen the representative payment program4 #a4 ,short title ,this ,act may be cited as the ,strengthening ,protections for ,social ,security ,beneficiaries ,act of #bjah4 #b4 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title4 ,sec4 #b4 ,table of contents4 ,title ,i--,strengthening ,oversight and ,beneficiary ,protection ,sec4 #aja4 ,stronger monitoring of representative payees4 ,sec4 #ajb4 ,reducing the burden on families4 ,sec4 #ajc4 ,protecting beneficiaries through information sharing4 ,sec4 #ajd4 ,clarifying overpayment liability for child in child welfare system4 ,sec4 #aje4 ,reports4 ,title ,,ii--,improving ,payee ,selection and ,quality ,sec4 #bja4 ,advance designation of representative payees4 ,sec4 #bjb4 ,prohibition on individuals convicted of certain crimes serving as representative payees4 ,sec4 #bjc4 ,prohibition on individuals with representative payees serving as representative payees4 ,sec4 #bjd4 ,reassessment of payee selection and replacement policies4 ,i ,strengthening ,oversight and ,beneficiary ,protection #aja4 ,stronger monitoring of representative payees 7a7 ,protection and advocacy for beneficiaries with representative payees ,section #bje7;j77#f7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j77#f77 is amended by adding at the end the following3 7,c7 7i7 ,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 subparagraph4 ,the total amount used by the ,commissioner for such grants each year-- 7,i7 shall be an amount sufficient1 as determined by the ,commissioner in consultation with each of the protection and advocacy systems1 to carry out all of the activities described in clause 7ii72 and 7,,ii7 shall not be less than #be1jjj1jjj4 7ii7 ,a protection and advocacy system awarded a grant under this subparagraph shall use the grant funds to-- 7,i7 conduct all periodic onsite reviews pursuant to this paragraph and such other reviews of representative payees as the ,commissioner may request1 including reviews conducted in response to allegations or concerns about the performance or suitability of the payee2 7,,ii7 conduct additional reviews that the protection and advocacy system has reason to believe are warranted2 7,,iii7 develop corrective action plans to assist representative payees in conforming to requirements specified by the ,commissioner2 7,,iv7 submit a report to the ,commissioner on each completed review containing such information as the ,commissioner shall require2 and 7,v7 conduct an initial onsite assessment of any organization that begins collecting a fee for its services as a representative payee to ensure that such organization is established as such a representative payee in accordance with requirements specified by the ,commissioner4 ,a protection and advocacy system may refer beneficiaries to other programs or services as the protection and advocacy system considers appropriate4 7iii7 ,to be eligible to receive grants under this section1 a protection and advocacy system shall submit an initial application to the ,commissioner at such time1 in such form and manner1 and accompanied by such information and assurances as the ,commissioner may require4 7iv7 7,i7 ,subject to subclause 7,,ii71 the ,commissioner shall ensure that any funds used for grants under clause 7i7 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 represented beneficiaries in the ,state or ,american ,indian consortium in which such protection and advocacy system is located bears to the total number of represented beneficiaries4 7,,ii7 ,the amount of an annual grant to a protection and advocacy system under clause 7i7 shall-- 7aa7 in the case of a protection and advocacy system serving ,american ,samoa1 ,guam1 the ,united ,states ,virgin ,islands1 or the ,commonwealth of the ,northern ,mariana ,islands1 or the ,american ,indian consortium1 not be less than #cj1jjj2 and 7bb7 in the case of a protection and advocacy system serving any other ,state1 not be less than #fj1jjj4 7,,iii7 ,funds provided to a protection and advocacy system through a grant under clause 7i7 for a #a-year period shall remain available through the end of the following #a-year period4 7,,iv7 ,for purposes of this clause1 the term represented beneficiary means an individual-- 7aa7 who is entitled to benefits under this title1 title ,,viii1 or title ,,xvi2 and 7bb7 whose benefits have been certified for payment to a representative payee4 7v7 7,i7 ,the ,commissioner shall make annual grants1 in an amount equal to #d percent of the total amount of grants awarded each year under clause 7i71 to an eligible national association for the provision of training and technical assistance1 administrative support1 and data collection services to protection and advocacy systems in connection with grants awarded under clause 7i74 7,,ii7 ,in this clause1 the term eligible national association means a national disability association with extensive knowledge and demonstrated experience in providing training1 technical assistance1 and administrative oversight to protection and advocacy systems that monitor representative payees4 7vi7 ,in conducting reviews under this section1 a protection and advocacy system shall have the same authorities1 including access to records1 facilities1 and persons1 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 #bjjj 7#db ,u4,s4,c4 #aejda et seq474 7vii7 ,whenever benefit amounts under this title are increased by any percentage effective with any month after ,november #bjah as a result of a determination made under section #bae7;i71 each of the dollar amounts specified in clauses 7i77,,ii7 and 7iv77,,ii7 shall be increased by the same percentage4 7viii7 ,no additional funds are authorized to be appropriated to carry out the requirements of this subparagraph4 ,such requirements shall be carried out using amounts otherwise authorized4 7ix7 ,in this subparagraph3 7,i7 ,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 #bjjj 7#db ,u4,s4,c4 #aejda et seq474 7,,ii7 ,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 #bjjj 7#db ,u4,s4,c4 #aejda et seq474 7,,iii7 ,the term ,state means the several ,states of the ,united ,states1 the ,district of ,columbia1 the ,commonwealth of ,puerto ,rico1 the ,united ,states ,virgin ,islands1 ,guam1 ,american ,samoa1 and the ,commonwealth of the ,northern ,mariana ,islands4 4 7b7 ,expansion of periodic onsite review requirements ,section #bje7;j77#f77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j77#f77;,a77 is amended-- 7#a7 in clause 7ii71 by striking or2 7#b7 in clause 7iii71 by striking the period and inserting 2 or2 7#c7 by adding after clause 7iii7 the following3 7iv7 the representative payee collects a fee for its services4 2 and 7#d7 by adding after clause 7iv7 7as added by paragraph 7#c77 the following flush text3 ,the ,commissioner shall also conduct periodic onsite reviews of individual and organizational payees1 including payees who are related to the beneficiary and primarily reside in the same household1 selected on the basis of risk-factors for potential misuse or unsuitability associated with such payees or beneficiaries4 4 7c7 ,availability of grant funds 7#a7 ,protection and advocacy system grants ,grants described under clause 7i7 of subparagraph 7,c7 of section #bje7;j77#f7 of the ,social ,security ,act 7as added by subsection 7a77 shall be awarded on ,august #a1 #bjah1 and annually thereafter1 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 #a1 #bjah1 and ending on such date for hiring and start-up costs in preparation to carry out reviews of representative payees in accordance with such subparagraph4 7#b7 ,national ,association grants ,grants described under clause 7v7 of such subparagraph shall be awarded on ,may #a1 #bjah1 and annually thereafter4 #ajb4 ,reducing the burden on families 7a7 ,title ,,ii ,section #bje7;j77#c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j77#c77 is amended-- 7#a7 by redesignating subparagraphs 7,d7 through 7,g7 as subparagraphs 7,e7 through 7,h71 respectively2 7#b7 by inserting after subparagraph 7,c7 the following3 7,d7 7i7 ,subparagraph 7,a7 shall not apply in any case where the other person to whom such payment is made is-- 7,i7 a parent1 or other individual who is a legal guardian of1 a minor child entitled to such payment who primarily resides in the same household2 7,,ii7 a parent of an individual entitled to such payment who is under a disability 7as defined in section #bbc7;d77 who primarily resides in the same household2 or 7,,iii7 the spouse of the individual entitled to such payment4 7ii7 ,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 7i74 ,the ,commissioner shall prescribe such regulations as may be necessary to determine eligibility for such exemption4 2 7#c7 in subparagaph 7,e7 7as so redesignated71 by striking and 7,c7 and inserting 7,c71 and 7,d72 and 7#d7 in subparagraph 7,f7 7as so redesignated71 by striking 7,d7 each place it appears and inserting 7,e74 7b7 ,title ,,viii ,section #hjg7;h7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ajjg7;h77 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#e7 as paragraphs 7#d7 through 7#f71 respectively2 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 7,a7 ,paragraph 7#a7 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 payment4 7,b7 ,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 subparagraph 7,a74 ,the ,commissioner shall prescribe such regulations as may be necessary to determine eligibility for such exemption4 4 7c7 ,title ,,xvi ,section #afca7;a77#b77;,c7 of the ,social ,security ,act 7#db ,u4,s4,c4 #achc7;a77#b77;,c77 is amended-- 7#a7 by redesignating clauses 7iv7 and 7v7 as clauses 7v7 and 7vi71 respectively2 7#b7 by inserting after clause 7iii7 the following3 7iv7 7,i7 ,clause 7i7 shall not apply in any case where the representative payee is-- 7aa7 a parent1 or other individual who is a legal guardian of1 a minor child entitled to such payment who primarily resides in the same household2 7bb7 a parent of an individual entitled to such payment who is under a disability who primarily resides in the same household2 or 7cc7 the spouse of the individual entitled to such payment4 7,,ii7 ,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 7,i74 ,the ,commissioner shall prescribe such regulations as may be necessary to determine eligibility for such exemption4 2 7#c7 in clause 7v7 7as so redesignated71 by striking and 7iii7 and inserting 7iii71 and 7iv72 and 7#d7 in clause 7vi7 7as so redesignated71 by striking 7iv7 each time it appears and inserting 7v74 7d7 ,effective date ,the amendments made by this section shall take effect on the date of the enactment of this ,act4 #ajc4 ,protecting beneficiaries through information sharing 7a7 ,information sharing ,to determine ,state foster care status 7#a7 ,in general ,section #bje7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j77 is amended by adding at the end the following3 7#aa7 7,a7 ,the ,commissioner of ,social ,security shall-- 7i7 enter into agreements with each ,state with a plan approved under part ,e of title ,,iv for the purpose of sharing and matching data1 on an automated monthly basis1 in the system of records of the ,social ,security ,administration with each ,statewide and ,tribal ,automated ,child ,welfare ,information ,system to identify represented minor beneficiaries who are in foster care under the responsibility of the ,state for such month2 and 7ii7 in any case in which a represented minor beneficiary has entered or exited foster care or changed foster care placement in such month1 redetermine the appropriate representative payee for such individual4 7,b7 ,for purposes of this paragraph-- 7i7 the term ,state has the meaning given such term for purposes of part ,e of title ,,iv2 7ii7 the term ,statewide and ,tribal ,automated ,child ,welfare ,information ,system means a statewide mechanized data collection and information retrieval system described in section #dgd7;a77#c77;,c72 and 7iii7 the term represented minor beneficiary1 with respect to an individual for a month1 means a child 7as defined for purposes of section #dge7h77 entitled to benefits under this title for such month whose benefits are certified for payment to a representative payee4 4 7#b7 ,conforming change ,section #dga7;a77#h77;,a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #fga7;a77#h77;,a77 is amended by inserting the program established by title ,,ii1 after ,,xx14 7#c7 ,,gao study and report 7,a7 ,evaluation ,as soon as possible after the date of the enactment of this ,act1 the ,comptroller ,general shall evaluate-- 7i7 the number of represented minor beneficiaries in foster care under the responsibility of a ,state for each month during the previous year2 7ii7 whether the representative payee for each represented minor beneficiary is-- 7,i7 a governmental child welfare agency2 7,,ii7 an organizational payee that is not a governmental child welfare agency2 7,,iii7 a foster parent or child-care institution 7within the meaning of part ,e of title ,,iv72 or 7,,iv7 another individual2 and 7iii7 whether funds were conserved1 used for direct expenses of the minor beneficiary1 or used to reimburse the ,state for foster care maintenance costs4 7,b7 ,report to ,congress ,not later than #cf months after the date of enactment of this ,act1 the ,comptroller ,general shall submit to ,congress a report on the results of the evaluation required under subparagraph 7,a74 7,c7 ,definitions ,for purposes of this paragraph-- 7i7 the term ,state has the meaning given such term for purposes of part ,e of title ,,iv of the ,social ,security ,act2 and 7ii7 the term represented minor beneficiary1 with respect to an individual for a month1 means a child 7as defined for purposes of section #dge7h7 of the ,social ,security ,act7 entitled to benefits under title ,,ii of such ,act for such month whose benefits are certified for payment to a representative payee4 7#d7 ,effective date 7,a7 ,in general ,the amendments made by this subsection shall apply with respect to months beginning on or after the date that is #a year after the date of the enactment of this ,act4 7,b7 ,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 7other than legislation appropriating funds7 in order for the plan to meet the additional requirement imposed by the amendments made under this subsection1 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 enactment of this ,act4 ,for purposes of the previous sentence1 in the case of a ,state that has a #b-year legislative session1 each year of such session shall be deemed to be a separate regular session of the ,state legislature4 7b7 ,improving ,coordination with ,adult ,protective ,services 7#a7 ,in general ,the ,commissioner of ,social ,security shall study and test the administrative feasibility of improving information sharing1 in partnership with ,state agencies that provide adult protective services1 with respect to-- 7,a7 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 ,act2 and 7,b7 oversight of individuals and organizations serving as representative payees4 7#b7 ,report ,not later than ,june #cj1 #bjbb1 the ,commissioner of ,social ,security shall conclude the study described in paragraph 7#a7 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 study4 7c7 ,study on ,potential ,to ,coordinate with ,state ,courts 7#a7 ,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-- 7,a7 an overview of potential opportunities for information sharing between the ,social ,security ,administration and ,state courts and relevant ,state agencies2 7,b7 a detailed analysis of the barriers to such information sharing1 including any ,federal or ,state statutory barriers2 7,c7 a description of how such information sharing would be implemented1 including any additional infrastructure needed2 and 7,d7 a description of any risks or other factors that the ,social ,security ,administration and the ,congress should consider before implementing such information sharing4 7#b7 ,report ,not later than ,june #cj1 #bjbj1 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 7#a74 #ajd4 ,clarifying overpayment liability for child in child welfare system 7a7 ,amendment to title ,,ii ,section #bjd7;a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #djd7;a77 is amended by adding at the end the following3 7#c7 7,a7 ,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 representative payee of such individual1 the ,state shall be liable for the repayment of the overpayment1 and there shall be no adjustment of payments to1 or recovery by the ,united ,states from1 such individual4 7,b7 ,for purposes of this paragraph1 the term represented minor beneficiary has the meaning given such term in subsection 7j77#aa77;,b77iii74 4 7b7 ,amendment to title ,,xvi ,section #afca7;b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #afhc7;b77 is amended-- 7#a7 by redesignating paragraphs 7#c7 through 7#g7 as paragraphs 7#d7 through 7#h71 respectively2 and 7#b7 by inserting after paragraph 7#b7 the following3 7#c7 7,a7 ,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 representative payee of such individual1 the ,state shall be liable for the repayment of the overpayment1 and there shall be no adjustment of payments to1 or recovery by the ,united ,states from1 such individual4 7,b7 ,for purposes of this paragraph1 the term represented minor beneficiary1 with respect to an individual for a month1 means a child 7as defined for purposes of section #dge7h77 entitled to benefits under this title for such month whose benefits are certified for payment to a representative payee4 4 7c7 ,effective date ,the amendment made by subsection 7a7 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 date4 #aje4 ,reports 7a7 ,report on benefits misused ,section #bje7;j7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j771 as amended by section #ajc7;a71 is further amended-- 7#a7 in paragraph 7#f7-- 7,a7 by striking 7,a7 ,in addition to and inserting ,in addition to2 and 7,b7 by striking subparagraph 7,b72 and 7#b7 by adding at the end the following3 7#ab7 7,a7 ,not later than ,january #ca of each fiscal year1 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 ,,ii1 ,,viii1 and ,,xvi1 respectively1 7and the number of individuals concurrently entitled to benefits under more than one such title7 who have a representative payee1 the total number of such representative payees1 and the results of all reviews of representative payees conducted during the previous fiscal year in connection with benefits under this title1 title ,,viii1 or title ,,xvi4 ,such report shall summarize problems identified in such reviews and corrective actions taken or planned to be taken to correct such problems1 and shall include-- 7i7 the number of such reviews2 7ii7 the results of such reviews2 7iii7 the number of cases in which the representative payee was changed and why2 7iv7 the number of reviews conducted in response to allegations or concerns about the performance or suitability of the payee2 7v7 the number of cases discovered in which there was a misuse of funds1 and the total dollar amount of benefits determined by the ,commissioner during such fiscal year to have been misused by a representative payee 7regardless of the fiscal year in which such misuse occurred72 7vi7 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 payee2 7vii7 the final disposition of such cases of misuse of funds1 including-- 7,i7 any criminal1 civil1 and administrative penalties imposed2 7,,ii7 the total dollar amount of misused benefits repaid to beneficiaries and alternative representative payees under each of-- 7aa7 paragraph 7#e7 7on the basis of a negligent failure of the ,commissioner described in such paragraph72 7bb7 paragraph 7#e7 7on any other basis72 and 7cc7 paragraph 7#g72 7,,iii7 the total dollar amount of misused benefits recovered under each of-- 7aa7 paragraph 7#e72 and 7bb7 paragraph 7#g72 7viii7 any updates to prior year reports necessary to reflect subsequent recoveries and repayments pertaining to misuse determinations made in prior years2 and 7ix7 such other information as the ,commissioner deems appropriate4 7,b7 ,each report required under this paragraph for a fiscal year shall include the information described in clauses 7i7 through 7ix7 of subparagraph 7,a7 with respect to-- 7i7 all representative payees reviewed during such fiscal year2 7ii7 all such representative payees that are organizations1 separated by whether such organization collects a fee for its services as a representative payee2 7iii7 all such representative payees that are individuals serving #ae or more individuals2 and 7iv7 all such representative payees that are individuals serving less than #ae individuals1 separated by whether such representative payee is a family member4 4 7b7 ,report on elimination of the accounting form ,the ,commissioner shall-- 7#a7 conduct a study on the changes made by the amendments made by section #ajb of the ,strengthening ,protections for ,social ,security ,beneficiaries ,act of #bjah1 which shall include the impact of such changes on families1 beneficiaries1 and the operations of the ,social ,security ,administration2 and 7#b7 not later than ,january #a1 #bjba1 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 ,senate4 7c7 ,report on the advanced designation policy ,the ,commissioner shall-- 7#a7 conduct a study on the changes made by the amendments made by section #bja of the ,strengthening ,protections for ,social ,security ,beneficiaries ,act of #bjah1 which shall include the impact of such changes on beneficiaries and the operations of the ,social ,security ,administration2 and 7#b7 not later than ,january #a1 #bjbe1 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 ,senate4 ,,ii ,improving ,payee ,selection and ,quality #bja4 ,advance designation of representative payees 7a7 ,in general ,section #bje7;j77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j77#a77 is amended by adding at the end the following3 7,c7 7i7 ,an individual who is entitled to or is an applicant for a benefit under this title1 title ,,viii1 or title ,,xvi1 who has attained #ah years of age or is an emancipated minor1 may1 at any time1 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 7,a7 that the interest of such individual would be served by certification for payment of such benefits to which the individual is entitled to a representative payee4 ,if the ,commissioner of ,social ,security makes such a determination with respect to such individual at any time after such designation has been made1 the ,commissioner shall-- 7,i7 certify payment of such benefits to the designated individual1 subject to the requirements of paragraph 7#b72 or 7,,ii7 if the ,commissioner determines that certification for payment of such benefits to the designated individual would not satisfy the requirements of paragraph 7#b71 that the designated individual is unwilling or unable to serve as representative payee1 or that other good cause exists1 certify payment of such benefits to another individual or organization1 in accordance with paragraph 7#a74 7ii7 ,an organization may not be designated to serve as a representative payee under this subparagraph4 4 7b7 ,effective date ,the amendment made by subsection 7a7 shall take effect on the date that is #b years after the date of the enactment of this section4 7c7 ,regulations ,not later than #ah months after the date of the enactment of this section1 the ,commissioner of ,social ,security shall promulgate regulations specifying the information an individual is required to provide to the ,commissioner in order to designate another individual to serve as the individual's representative payee under section #bje7;j77#a77;,c7 of the ,social ,security ,act 7as added by subsection 7a774 7d7 ,notification to beneficiaries ,not later than ,january #a1 #bjbj1 and annually thereafter1 the ,commissioner of ,social ,security shall notify each individual entitled to a benefit under title ,,ii1 ,,viii1 or ,,xvi of the ,social ,security ,act of the name of any individual designated to serve as the individual's representative payee under section #bje7;j77#a77;,c7 of such ,act 7as added by subsection 7a774 #bjb4 ,prohibition on individuals convicted of certain crimes serving as representative payees 7a7 ,amendments to title ,,ii ,section #bje7;j77#b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j77#b77 is amended-- 7#a7 in subparagraph 7,b7-- 7,a7 in clause 7i7-- 7i7 in subclause 7,v71 by striking and at the end2 7ii7 in subclause 7,,vi71 by striking the period and inserting 1 and2 and 7iii7 by adding at the end the following3 7,,vii7 determine whether such person has been convicted 7and not subsequently exonerated71 under ,federal or ,state law1 of a felony provided under clause 7iv71 or of an attempt or a conspiracy to commit such a felony4 2 and 7,b7 by adding at the end the following3 7iv7 ,the felony crimes provided under this clause1 whether an offense under ,state or ,federal law1 are the following3 7,i7 ,human trafficking1 including as prohibited under sections #aeij and #aeia of title #ah1 ,united ,states ,code4 7,,ii7 ,false imprisonment1 including as prohibited under section #abja of title #ah1 ,united ,states ,code4 7,,iii7 ,kidnapping1 including as prohibited under section #abja of title #ah1 ,united ,states ,code4 7,,iv7 ,rape and sexual assault1 including as prohibited under sections #bbda1 #bbdb1 #bbdc1 and #bbdd of title #ah1 ,united ,states ,code4 7,v7 ,first-degree homicide1 including as prohibited under section #aaaa of title #ah1 ,united ,states ,code4 7,,vi7 ,robbery1 including as prohibited under section #baaa of title #ah1 ,united ,states ,code4 7,,vii7 ,fraud to obtain access to government assistance1 including as prohibited under sections #bhg1 #ajja1 and #acdc of title #ah1 ,united ,states ,code4 7,,viii7 ,fraud by scheme1 including as prohibited under section #acdc of title #ah1 ,united ,states ,code4 7,,ix7 ,theft of government funds or property1 including as prohibited under section #fda of title #ah1 ,united ,states ,code4 7,x7 ,abuse or neglect1 including as prohibited under sections #aaa1 #aac1 #aad1 #aae1 #aaf1 or #aag of title #ah1 ,united ,states ,code4 7,,xi7 ,forgery1 including as prohibited under section #fdb and chapter #be 7except section #eab7 of title #ah1 ,united ,states ,code4 7,,xii7 ,identity theft or identity fraud1 including as prohibited under sections #ajbh and #ajbh;,a of title #ah1 ,united ,states ,code4 ,the ,commissioner of ,social ,security may promulgate regulations to provide for additional felony crimes under this clause4 7v7 7,i7 ,for the purpose of carrying out the activities required under subparagraph 7,b77i7 as part of the investigation under subparagraph 7,a77i71 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 check4 7,,ii7 ,the ,commissioner may revoke certification of payment of benefits under this subsection to any individual serving as a representative payee on or after ,january #a1 #bjai who fails to grant permission for the ,commissioner to conduct such a background check4 2 and 7#b7 in subparagraph 7,c7-- 7,a7 in clause 7i7-- 7i7 in subclause 7,,iv71 by striking or at the end2 7ii7 in subclause 7,v71 by striking the period at the end and inserting 1 or2 and 7iii7 by adding at the end the following3 7,,vi7 except as provided in clause 7vi71 such person has previously been convicted 7and not subsequently exonerated7 as described in subparagraph 7,b77i77,,vii74 2 and 7,b7 by adding at the end the following3 7vi7 7,i7 ,with respect to any person described in subclause 7,,ii7-- 7aa7 subparagraph 7,b77i77,,vii7 shall not apply2 and 7bb7 the ,commissioner may grant an exemption from the provisions of clause 7i77,,vi7 if the ,commissioner determines that such exemption is in the best interest of the individual entitled to benefits4 7,,ii7 ,a person is described in this subclause if the person-- 7aa7 is the custodial parent of a minor child for whom the person applies to serve2 7bb7 is the custodial spouse of the beneficiary for whom the person applies to serve2 7cc7 is the custodial parent of a beneficiary who is under a disability 7as defined in section #bbc7;d77 which began before the beneficiary attained the age of #bb1 for whom the person applies to serve2 7dd7 is the custodial court appointed guardian of the beneficiary for whom the person applies to serve2 7ee7 is the custodial grandparent of a minor grandchild for whom the person applies to serve2 7ff7 is the parent who was previously representative payee for his or her minor child who has since turned #ah and continues to be eligible for such benefit2 or 7gg7 received a presidential or gubernatorial pardon for the relevant conviction4 4 7b7 ,amendments to title ,,viii ,section #hjg of the ,social ,security ,act 7#db ,u4,s4,c4 #ajjg7 is amended-- 7#a7 in subsection 7b7-- 7,a7 in paragraph 7#b7-- 7i7 in subparagraph 7,e71 by striking and at the end2 7ii7 in subparagraph 7,f71 by striking the period and inserting 1 and2 and 7iii7 by adding at the end the following3 7,g7 determine whether such person has been convicted 7and not subsequently exonerated71 under ,federal or ,state law1 of a felony provided under paragraph 7#d71 or of an attempt or a conspiracy to commit such a felony4 2 and 7,b7 by adding at the end the following3 7#d7 ,the felony crimes provided under this paragraph1 whether an offense under ,state or ,federal law1 are the following3 7,a7 ,human trafficking1 including as prohibited under sections #aeij and #aeia of title #ah1 ,united ,states ,code4 7,b7 ,false imprisonment1 including as prohibited under section #abja of title #ah1 ,united ,states ,code4 7,c7 ,kidnapping1 including as prohibited under section #abja of title #ah1 ,united ,states ,code4 7,d7 ,rape and sexual assault1 including as prohibited under sections #bbda1 #bbdb1 #bbdc1 and #bbdd of title #ah1 ,united ,states ,code4 7,e7 ,first-degree homicide1 including as prohibited under section #aaaa of title #ah1 ,united ,states ,code4 7,f7 ,robbery1 including as prohibited under section #baaa of title #ah1 ,united ,states ,code4 7,g7 ,fraud to obtain access to government assistance1 including as prohibited under sections #bhg1 #ajja1 and #acdc of title #ah1 ,united ,states ,code4 7,h7 ,fraud by scheme1 including as prohibited under section #acdc of title #ah1 ,united ,states ,code4 7,i7 ,theft of government funds or property1 including as prohibited under section #fda of title #ah1 ,united ,states ,code4 7,j7 ,abuse or neglect1 including as prohibited under sections #aaa1 #aac1 #aad1 #aae1 #aaf1 or #aag of title #ah1 ,united ,states ,code4 7,k7 ,forgery1 including as prohibited under section #fdb and chapter #be 7except section #eab7 of title #ah1 ,united ,states ,code4 7,l7 ,identity theft or identity fraud1 including as prohibited under sections #ajbh and #ajbh;,a of title #ah1 ,united ,states ,code4 ,the ,commissioner of ,social ,security may promulgate regulations to provide for additional felony crimes under this clause4 7#e7 7,a7 ,for the purpose of carrying out the activities required under paragraph 7#b7 as part of the investigation under paragraph 7#a77;,a71 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 check4 7,b7 ,the ,commissioner may revoke certification of payment of benefits under this subsection to any individual serving as a representative payee on or after ,january #a1 #bjai who fails to grant permission for the ,commissioner to conduct such a background check4 2 and 7#b7 in subsection 7d7-- 7,a7 in paragraph 7#a7-- 7i7 in subparagraph 7,d71 by striking or at the end2 7ii7 in subparagraph 7,e71 by striking the period at the end and inserting 1 or2 and 7iii7 by adding at the end the following3 7,f7 except as provided in paragraph 7#b77;,d71 such person has previously been convicted 7and not subsequently exonerated7 as described in subsection 7b77#b77;,g74 2 and 7,b7 in paragraph 7#b71 by adding at the end the following3 7,d7 7i7 ,with respect to any person described in clause 7,,ii7-- 7,i7 subsection 7b77#b77;,g7 shall not apply2 and 7,,ii7 the ,commissioner may grant an exemption from the provisions of paragraph 7#a77;,f7 if the ,commissioner determines that such exemption is in the best interest of the individual entitled to benefits4 7ii7 ,a person is described in this clause if the person-- 7,i7 is the custodial spouse of the beneficiary for whom the person applies to serve2 7,,ii7 is the custodial court appointed guardian of the beneficiary for whom the person applies to serve2 or 7,,iii7 received a presidential or gubernatorial pardon for the relevant conviction4 4 7c7 ,amendments to title ,,xvi ,section #afca7;a77#b77;,b7 of the ,social ,security ,act 7#db ,u4,s4,c4 #achc7;a77#b77;,b77 is amended-- 7#a7 in clause 7ii7-- 7,a7 in subclause 7,v71 by striking and at the end2 7,b7 in subclause 7,,vi71 by striking the period and inserting 1 and2 and 7,c7 by adding at the end the following3 7,,vii7 determine whether such person has been convicted 7and not subsequently exonerated71 under ,federal or ,state law1 of a felony provided under clause 7xv71 or of an attempt or a conspiracy to commit such a felony4 2 7#b7 in clause 7iii7-- 7,a7 in subclause 7,,iv71 by striking or at the end2 7,b7 in subclause 7,v71 by striking the period at the end and inserting 1 or2 and 7,c7 by adding at the end the following3 7,,vi7 except as provided in clause 7xvii71 such person has previously been convicted 7and not subsequently exonerated7 as described in clause 7ii77,,vii74 2 and 7#c7 by adding at the end the following3 7xv7 ,the felony crimes provided under this clause1 whether an offense under ,state or ,federal law1 are the following3 7,i7 ,human trafficking1 including as prohibited under sections #aeij and #aeia of title #ah1 ,united ,states ,code4 7,,ii7 ,false imprisonment1 including as prohibited under section #abja of title #ah1 ,united ,states ,code4 7,,iii7 ,kidnapping1 including as prohibited under section #abja of title #ah1 ,united ,states ,code4 7,,iv7 ,rape and sexual assault1 including as prohibited under sections #bbda1 #bbdb1 #bbdc1 and #bbdd of title #ah1 ,united ,states ,code4 7,v7 ,first-degree homicide1 including as prohibited under section #aaaa of title #ah1 ,united ,states ,code4 7,,vi7 ,robbery1 including as prohibited under section #baaa of title #ah1 ,united ,states ,code4 7,,vii7 ,fraud to obtain access to government assistance1 including as prohibited under sections #bhg1 #ajja1 and #acdc of title #ah1 ,united ,states ,code4 7,,viii7 ,fraud by scheme1 including as prohibited under section #acdc of title #ah1 ,united ,states ,code4 7,,ix7 ,theft of government funds or property1 including as prohibited under section #fda of title #ah1 ,united ,states ,code4 7,x7 ,abuse or neglect1 including as prohibited under sections #aaa1 #aac1 #aad1 #aae1 #aaf1 or #aag of title #ah1 ,united ,states ,code4 7,,xi7 ,forgery1 including as prohibited under section #fdb and chapter #be 7except section #eab7 of title #ah1 ,united ,states ,code4 7,,xii7 ,identity theft or identity fraud1 including as prohibited under sections #ajbh and #ajbh;,a of title #ah1 ,united ,states ,code4 ,the ,commissioner of ,social ,security may promulgate regulations to provide for additional felony crimes under this clause4 7xvi7 7,i7 ,for the purpose of carrying out the activities required under clause 7ii7 as part of the investigation under clause 7i77,i71 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 check4 7,,ii7 ,the ,commissioner may revoke certification of payment of benefits under this subsection to any individual serving as a representative payee on or after ,january #a1 #bjai who fails to grant permission for the ,commissioner to conduct such a background check4 7xvii7 7,i7 ,with respect to any person described in subclause 7,,ii7-- 7aa7 clause 7ii77,,vii7 shall not apply2 and 7bb7 the ,commissioner may grant an exemption from the provisions of clause 7iii77,,vi7 if the ,commissioner determines that such exemption is in the best interest of the individual entitled to benefits4 7,,ii7 ,a person is described in this subclause if the person-- 7aa7 is the custodial parent of a minor child for whom the person applies to serve2 7bb7 is the custodial spouse of the beneficiary for whom the person applies to serve2 7cc7 is the custodial parent of a beneficiary who is under a disability which began before the beneficiary attained the age of #bb1 for whom the person applies to serve2 7dd7 is the custodial court appointed guardian of the beneficiary for whom the person applies to serve2 7ee7 is the custodial grandparent of a minor grandchild for whom the person applies to serve2 7ff7 is the parent who was previously representative payee for his or her minor child who has since turned #ah and continues to be eligible for such benefit2 or 7gg7 received a presidential or gubernatorial pardon for the relevant conviction4 4 7d7 ,application to new appointments ,subject to subsection 7e71 the amendments made by subsections 7a71 7b71 and 7c7 shall apply with respect to any individual appointed to serve as a representative payee pursuant to section #bje7;j71 #hjg1 or #afca7;a77#b7 of the ,social ,security ,act on or after ,january #a1 #bjai4 7e7 ,application to prior appointments 7#a7 ,in general ,not later than ,january #a1 #bjbd1 the ,commissioner of ,social ,security shall conduct a review of each individual serving as a representative payee pursuant to #bje7;j71 #hjg1 or #afca7;a77#b7 of the ,social ,security ,act1 to determine whether such individual has been convicted of a felony as described in section #bje7;j77#b77;,b77i77,,vii71 #hjg7;b77#b77;,g71 or #afca7;a77#b77;,b77ii77,,vii71 respectively 7as such provisions are added by this section74 ,except as provided in section #bje7;j77#b77;,c77vi71 #hjg7;d77#b77;,d71 or #afca7;a77#b77;,b77xvii7 7as so added71 any individual determined by the ,commissioner to have been so convicted may not serve as a representative payee on or after the date of such determination4 7#b7 ,priority ,in conducting reviews under paragraph 7#a71 the ,commissioner shall prioritize reviews of the following categories of individuals1 in the following order3 7,a7 ,an individual serving as representative payee for #ae or more individuals4 7,b7 ,an individual serving as representative payee for an individual who is not related to the representative payee4 7,c7 ,an individual serving as representative payee for an individual who has attained the age of #ah and is not the spouse of the representative payee4 7f7 ,periodic review ,not later than #a year after the date of enactment of this section1 the ,commissioner of ,social ,security shall issue regulations to establish a process for reviewing each individual serving as a representative payee pursuant to section #bje7;j71 #hjg1 or #afca7;a77#b7 of the ,social ,security ,act 7other than individuals with respect to whom an exemption has been granted under section #bje7;j77#b77;,c77vi71 #hjg7;d77#b77;,d71 or #afca7;a77#b77;,b77xvii77 not less than once every #e years to determine whether any such individual has been convicted of a felony as described in subsection 7e77#a7 of this section4 #bjc4 ,prohibition on individuals with representative payees serving as representative payees 7a7 ,amendment to title ,,ii ,section #bje7;j77#b77;,c77i7 of the ,social ,security ,act 7#db ,u4,s4,c4 #dje7;j77#b77;,c77i771 as amended by section #bjb7;a77#b71 is further amended-- 7#a7 in subclause 7,v71 by striking or at the end2 7#b7 in subclause 7,,vi71 by striking the period and inserting 1 or2 and 7#c7 by adding at the end the following3 7,,vii7 such person's benefits under this title1 title ,,viii1 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 person4 4 7b7 ,amendment to title ,,viii ,section #hjg7;d77#a7 of the ,social ,security ,act 7#db ,u4,s4,c4 #ajjg7;d77#a771 as amended by section #bjb7;b77#b71 is further amended-- 7#a7 in subparagraph 7,e71 by striking or at the end2 7#b7 in subparagraph 7,f71 by striking the period and inserting 1 or2 and 7#c7 by adding at the end the following3 7,g7 such person's benefits under this title1 title ,,ii1 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 person4 4 7c7 ,amendment to title ,,xvi ,section #afca7;a77#b77;,b77iii7 of the ,social ,security ,act 7#db ,u4,s4,c4 #achc7;a77#b77;,b77iii771 as amended by section #bjb7;c77#b71 is further amended-- 7#a7 in subclause 7,v71 by striking or at the end2 7#b7 in subclause 7,,vi71 by striking the period and inserting 1 or2 and 7#c7 by adding at the end the following3 7,,vii7 such person's benefits under this title1 title ,,ii1 or title ,,viii are certified for payment to a representative payee during the period for which the individual's benefits would be certified for payment to another person4 4 7d7 ,effective date 7#a7 ,new appointments ,subject to paragraph 7#b71 the amendments made by this section shall apply with respect to any individual appointed to serve as a representative payee under title ,,ii1 title ,,viii1 or title ,,xvi of the ,social ,security ,act on or after ,january #a1 #bjai4 7#b7 ,prior appointments ,with respect to individuals serving as a representative payee whose benefits under this title1 title ,,viii1 or title ,,xvi are certified for payment to another representative payee as of ,january #a1 #bjai1 the ,commissioner shall take any steps necessary to terminate such individual's service as a representative payee as soon as possible1 but no later than ,january #a1 #bjbd4 #bjd4 ,reassessment of payee selection and replacement policies 7a7 ,in general ,the ,commissioner of ,social ,security shall conduct1 with opportunity for public comment1 a review and reassessment of-- 7#a7 the appropriateness of its order of preference for selecting representative payees1 including payees who may be creditors of the beneficiary or who are private1 for-profit institutions2 and 7#b7 the effectiveness of its policy and operational procedures in properly determining when to change a representative payee1 including-- 7,a7 from a payee that has a higher order of preference 7such as a family member7 to a payee that has a lower order of preference 7such as a creditor72 or 7,b7 when a request to change payees arises from someone other than the beneficiary4 7b7 ,report ,not later than #ah months after the date of the enactment of this ,act1 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 7a74 ,passed the ,house of ,representatives ,february #e1 #bjah4;,clerk4