[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 8265 Introduced in House (IH)]

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118th CONGRESS
  2d Session
                                H. R. 8265

 To amend the Social Security Act to require a 120-day period between 
   notice of an overpayment of benefits under titles II and XVI and 
beginning recovery of such overpayment, and to require the Commissioner 
of Social Security to submit a report to Congress on a strategy related 
                   to recovery of such overpayments.


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                    IN THE HOUSE OF REPRESENTATIVES

                              May 7, 2024

Ms. Caraveo (for herself and Mr. Allred) introduced the following bill; 
         which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
 To amend the Social Security Act to require a 120-day period between 
   notice of an overpayment of benefits under titles II and XVI and 
beginning recovery of such overpayment, and to require the Commissioner 
of Social Security to submit a report to Congress on a strategy related 
                   to recovery of such overpayments.

    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 ``Social Security Overpayment Fairness 
Act''.

SEC. 2. NOTICE REQUIREMENT.

    (a) Title II Amendment.--Subparagraph (A) of section 204(a)(1) of 
the Social Security Act (42 U.S.C. 404) is amended--
            (1) by striking ``With respect'' and inserting ``(i) With 
        respect''; and
            (2) by adding at the end the following:
            ``(ii) In the case of a payment to a person of more than 
        the correct amount, the Commissioner shall commence proper 
        adjustment or recovery not earlier than 120 days after 
        providing notice to the individual of the payment of more than 
        the correct amount.''.
    (b) Title XVI Amendment.--Section 1631(b)(1) of such Act (42 U.S.C. 
1383(b)(1)) is amended by adding at the end the following:
    ``(C) In the case of a payment of more than the correct amount of 
benefits, the Commissioner shall commence proper adjustment or recovery 
not earlier than 120 days after providing notice to the individual of 
the payment of more than the correct amount.''.
    (c) Effective Date.--The amendments made by this Act shall take 
effect on the date of enactment of this Act, and shall be effective 
with respect to overpayments under titles II and XVI of the Social 
Security Act that are outstanding on or after such date.

SEC. 3. REPORT ON STRATEGIES FOR OVERPAYMENT RECOVERY.

    Not later than 180 days after the date of enactment of this Act, 
the Commissioner of Social Security shall submit to Congress a strategy 
relating to the recovery of overpayments of old-age, survivors, and 
disability insurance benefits under title II of the Social Security Act 
and supplemental security income benefits under title XVI of such Act. 
The strategy shall seek to achieve the objectives that follow:
            (1) Improving the process of reviewing changes in 
        information reported by beneficiaries;
            (2) Expanding efforts to limit discrepancies in accuracy 
        resulting from beneficiaries self-reporting information;
            (3) Improving efforts to prevent and track overpayments to 
        beneficiaries.
            (4) Ensuring due process is followed in recovering 
        overpayments.
            (5) Improving and increasing written and oral communication 
        between the Social Security Administration and beneficiaries in 
        relation to the recovery of overpayments.
            (6) Propose fair and reasonable benefit withholding amounts 
        designed to avoid undue financial strain on beneficiaries.
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