II 112th CONGRESS 1st Session S. 2026 IN THE SENATE OF THE UNITED STATES December 16, 2011 Mr. Casey introduced the following bill; which was read twice and referred to the Committee on Finance A BILL To ensure that representative payees under the Social Security program are subject to criminal background checks.

1.

Short title

This Act may be cited as the Allowing Social Security to Electronically Screen for Suitability Act of 2011 or the ASSESS Act.

2.

Background checks for representative payees

(a)

Old age, survivors, and disability insurance benefits

Section 205(j)(2) of the Social Security Act (42 U.S.C. 405(j)(2)) is amended— (1)in subparagraph (B)(i)(IV), by inserting subject to subparagraph (F), before obtain information; and (2)by adding at the end the following new subparagraph: (F)(i)For purposes of subparagraph (B)(i)(IV), section 807(b)(2)(D), and section 1631(a)(2)(B)(ii)(IV), the Attorney General of the United States (referred to in this subparagraph as the Attorney General) and the Director of the Federal Bureau of Investigation (referred to in this subparagraph as the Director) shall provide the Commissioner of Social Security (referred to in this subparagraph as the Commissioner) access to the criminal history record information contained in the National Crime Information Center's Interstate Identification Index (NCIC–III), Wanted Persons File, and to any other files maintained by the National Crime Information Center that may be mutually agreed upon by the Attorney General and the Commissioner. (ii)Access to information under this subparagraph shall be provided by means of extracts of the files described in clause (i) for placement in the appropriate database by the Commissioner, and shall be provided without any fee or charge. The Director shall provide periodic updates of the extracts at intervals mutually agreed upon with the Commissioner. Upon receipt of such updated extracts, the Commissioner shall make corresponding updates to the appropriate database and destroy previously provided extracts. The provision of the extracts described in this clause may be reconsidered by the Attorney General and the Commissioner upon the development and deployment of a more cost-effective and efficient means of sharing such information. (iii)Access to an extract described in clause (ii) does not entitle the Commissioner to obtain the full content of the corresponding automated criminal history record. To obtain the full content of a criminal history record, the Commissioner shall submit the fingerprints of the person subject to an investigation under subparagraph (A)(i) and any appropriate fingerprint processing fee authorized by law to the Criminal Justice Information Services Division of the Federal Bureau of Investigation. (iv)For purposes of administering this subparagraph, the Commissioner shall, prior to receiving access to the information described in clause (i) but not later than 12 months after the date of enactment of this subparagraph, promulgate final regulations— (I)for purposes of clause (iii), to implement procedures for the taking of fingerprints; and (II)to establish the conditions for the use of any information received from the Director, in order to— (aa)limit the re-dissemination of such information; (bb)ensure that such information is used solely for the purposes described in subparagraph (B)(i)(IV), section 807(b)(2)(D), and section 1631(a)(2)(B)(ii)(IV); (cc)ensure the security, confidentiality, and destruction of such information; and (dd)protect the privacy rights of individuals who are subjects of such information. . (b)

Special benefits for certain veterans

Section 807(b)(2)(D) of the Social Security Act (42 U.S.C. 1007(b)(2)(D)) is amended by inserting subject to section 205(j)(2)(F), before obtain information. (c)

Supplemental security income

Section 1631(a)(2)(B)(ii)(IV) of the Social Security Act (42 U.S.C. 1383(a)(2)(B)(ii)(IV)) is amended by inserting subject to section 205(j)(2)(F), before obtain information.