H.R. 9385 — Introduced in House

I 118th CONGRESS 2d Session H. R. 9385 IN THE HOUSE OF REPRESENTATIVES August 20, 2024Mr. Carey (for himself and Mrs. Sykes) introduced the following bill; which was referred to the Committee on Ways and Means A BILL To amend the Social Security Act to place limitations on recovery of overpayments under titles II and XVI. 1. Short title This Act may be cited as the Protecting Americans from Social Security Clawbacks Act. 2. Limitation on recovery of overpayments (a) Title II amendment (1) In general Section 204(a)(1)(A) of the Social Security Act (42 U.S.C. 404(a)(1)(A)) is amended— (A) by striking With respect and inserting (i) With respect; and (B) by adding at the end the following: (ii) In any case in which the Commissioner finds that more than the correct amount of payment has been made to a person, recovery from the person may not be made if— (I) the overpayment occurred more than 3 years before the date of the finding; and (II) the overpayment was a result of error on the part of the Commissioner. (iii) Clause (ii) shall not apply to a person if the Commissioner determines that the person has ever committed fraud or similar fault with respect to the program under this title. . (2) Conforming amendment Section 204(a)(2) of such Act (42 U.S.C. 404(a)(2)) is amended by striking Notwithstanding and inserting Subject to clauses (ii) and (iii) of paragraph (1)(A), but notwithstanding. (b) Title XVI amendments (1) In general Section 1631(b)(1) of such Act (42 U.S.C. 1383(b)(1)) is amended by adding at the end the following: (C) (i) In any case in which the Commissioner finds that more than the correct amount of payment has been made to a person, recovery from the person may not be made if— (I) the overpayment occurred more than 3 years before the date of the finding; and (II) the overpayment was a result of error on the part of the Commissioner. (ii) Clause (i) shall not apply to a person if the Commissioner determines that the person has ever committed fraud or similar fault with respect to the program under this title. . (2) Conforming amendment Section 1631(b)(2) of such Act (42 U.S.C. 1383(b)(2)) is amended by striking Notwithstanding and inserting Subject to paragraph (1)(C), but notwithstanding.