[Congressional Record Volume 164, Number 22 (Monday, February 5, 2018)]
[House]
[Pages H741-H749]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STRENGTHENING PROTECTIONS FOR SOCIAL SECURITY BENEFICIARIES ACT OF 2018
Mr. BRADY of Texas. Mr. Speaker, I move to suspend the rules and pass
the bill (H.R. 4547) to amend titles II, VIII, and XVI of the Social
Security Act to improve and strengthen the representative payment
program, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows
H.R. 4547
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 representative payees.
Sec. 203. Prohibition on individuals with representative payees serving
as representative 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
Representative 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
``(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
representative payees in conforming to requirements specified
by the Commissioner;
``(IV) submit a report to the Commissioner on each
completed review containing such information as the
Commissioner shall require; and
``(V) 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 Commissioner.
A protection and advocacy system may refer beneficiaries to
other programs or services as the protection and advocacy
system considers 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 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 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
[[Page H742]]
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 one-year period shall
remain available through the end of the following one-year
period.
``(IV) For purposes of this clause, the term `represented
beneficiary' 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.
``(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 demonstrated 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 requirements shall be carried out using
amounts otherwise authorized.
``(ix) In this subparagraph:
``(I) 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 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, American
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 household, selected on the basis of risk-factors for
potential misuse or unsuitability associated with such payees
or beneficiaries.''.
(c) Availability of Grant Funds.--
(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
thereafter, 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 household;
``(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 establish
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
paragraphs (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
provided in subparagraph (A). The Commissioner shall
prescribe such regulations as may be necessary to determine
eligibility 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
payment.
``(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 Information
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
placement in such month, redetermine the appropriate
representative 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
Welfare Information System' means a statewide mechanized data
collection and information retrieval system described in
section 474(a)(3)(C); and
``(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 represented
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
[[Page H743]]
(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 subsection
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 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 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
Services.--
(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
representative 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 Commissioner
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 information
sharing between the Social Security Administration and State
courts and relevant State agencies;
(B) a detailed analysis of the barriers to such information
sharing, including any Federal or State statutory barriers;
(C) a description of how such information sharing would be
implemented, including any additional infrastructure 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 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 (1).
SEC. 104. CLARIFYING OVERPAYMENT LIABILITY FOR CHILD IN CHILD
WELFARE SYSTEM.
(a) Amendment to Title II.--Section 204(a) of the Social
Security 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
representative 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 individual.
``(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
paragraphs (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
representative 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 individual.
``(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
allegations or concerns about the performance or suitability
of the payee;
``(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 paragraph);
``(bb) paragraph (5) (on any other basis); and
``(cc) paragraph (7);
``(III) the total dollar amount of misused benefits
recovered 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 amendments
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 amendments
made by section 201 of the
[[Page H744]]
Strengthening Protections 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 1 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 representative 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
designated individual is unwilling or unable to serve as
representative payee, or that other good cause exists,
certify payment of such benefits to another individual or
organization, in accordance 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 individual is required to provide to the
Commissioner in order to designate another individual to
serve as the individual's representative 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
Security 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)).
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
sections 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
sections 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
prohibited 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 representative 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 representative payee on or after January 1, 2019 who
fails to grant permission for the Commissioner to conduct
such a background 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
beneficiary 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
following:
``(A) Human trafficking, including as prohibited under
sections 1590 and 1591 of title 18, United States Code.
``(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
regulations 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
[[Page H745]]
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 background 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 person
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
provisions of paragraph (1)(F) 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 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
sections 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
sections 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
prohibited 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 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.
``(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 background 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
beneficiary 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 representative 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 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
categories 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.
SECTION 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 during the period for which the individual's benefits
would be certified for payment to another person.''.
[[Page H746]]
(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
institutions; 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 someone
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).
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from
Texas (Mr. Brady) and the gentleman from Connecticut (Mr. Larson) each
will control 20 minutes.
The Chair recognizes the gentleman from Texas.
General Leave
Mr. BRADY of Texas. Mr. Speaker, I ask unanimous consent that all
Members may have 5 legislative days within which to revise and extend
their remarks and include extraneous material on H.R. 4547, currently
under consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. BRADY of Texas. Mr. Speaker, I yield myself such time as I may
consume.
Mr. Speaker, today we have an opportunity to take action on
bipartisan legislation to help those receiving Social Security. This
bill, led by Congressmen Sam Johnson of Texas and John Larson of
Connecticut, the chairman and ranking member of the Ways and Means
Social Security Subcommittee, takes actions to improve the
representative payee program.
Today, when someone on Social Security is not able to manage their
own benefits, the Social Security Administration will assign them what
is called a representative payee. These are individuals or
organizations that have a vital responsibility to be helping some of
our most vulnerable people on Social Security: children, seniors, and
folks with disabilities. The payee receives benefits on behalf of these
Americans, and they are required to use the money to fulfill those
needs.
Here is the problem: The Representative Payee Program just isn't
working the way it should. As the Committee on Ways and Means has
learned from the work of our Social Security Subcommittee, the Social
Security Administration has serious challenges knowing when someone
needs help managing their benefits and also in making sure that those
who provide that help are doing a good job.
This puts some of our most vulnerable receivers of Social Security at
risk, and that is completely unacceptable. We have a responsibility to
fix it. That is why this legislation is so important.
With this bipartisan bill, we can make the representative payee
program more effective and more accountable for the Americans who
depend upon it. This bill strengthens oversight; it increases
protections for those on Social Security; it reduces burdens on
families; and it puts greater focus on the needs of Social Security
families, giving Americans more of a say in selecting the payee of
their choice and, more importantly, ensuring they have a payee they can
trust.
Although our committee did not mark up this bill, we have held
multiple subcommittee hearings on the issue and meetings among Members
from both sides of the aisle. We have heard from stakeholders about the
challenges they face. This bill is a long time coming and is going to
make important, much-needed changes to the representative payee
program.
To further solidify the committee's understanding and our legislative
intent, I am sending the Acting Commissioner of Social Security a
letter signed by myself and Congressmen Richard Neal, Sam Johnson, and
John Larson.
Mr. Speaker, I include in the Record this letter which transmits a
technical explanation of the bill. We have asked the Acting
Commissioner to make that letter and technical explanation available on
the agency's website.
House of Representatives,
Committee on Ways and Means,
Washington, DC, February 5, 2018.
Nancy Berryhill,
Acting Commissioner, Social Security Administration
Baltimore, MD.
Dear Acting Commissioner Berryhill: The attached document
outlines the Committee's understanding and legislative intent
of H.R. 4547, the Strengthening Protections for Social
Security Beneficiaries Act of 2018, in lieu of a Committee
Report from the Committee on Ways and Means. We ask that you
make this letter and attached document publicly available on
the agency's website.
In 1939, Congress first authorized the Social Security
Administration (SSA) to make benefit payments to another
person or organization--called a representative payee--in
cases where a beneficiary is not capable of managing their
own benefits. Reports from government watchdogs and
stakeholders have raised repeated concerns about how the SSA
administers the representative payee program. H.R. 4547 takes
important steps to address these concerns.
Over time, the SSA's payee monitoring program has
strengthened, adding both statutory and discretionary on-site
reviews to oversee payee performance, and leveraging
predictive models to focus additional reviews on the highest-
risk payees. Most payees also file an annual report of how
the benefits were used, but it has become clear that the
accounting form is not an effective protection, with little
misuse identified from the submissions. H.R. 4547 builds on
the current framework by requiring additional on-site reviews
and improving the effectiveness of reviews by requiring state
Protection and Advocacy systems to conduct the reviews on
behalf of the SSA. We expect this legislation will allow the
SSA to greatly expand reviews of payees and better focus
oversight on the highest-risk payees, while eliminating the
burden of the accounting form for certain family members, who
will remain subject to review under the predictive models.
In addition to strengthening oversight, H.R. 4547 takes
important steps to address the serious shortcomings with
payee selection. This bill makes sure that individuals with
significant felony convictions and those who have a payee
themselves cannot serve as payees. The bill also allows
beneficiaries to designate their preferred payee in advance
and requires the SSA to assess the appropriateness of the
order-of-preference list it uses to select payees,
particularly in cases where there is a change in payee.
By strengthening oversight of payees as well as the
safeguards around who may serve as a payee, these commonsense
provisions in H.R. 4547 make much-needed improvements to the
representative payee program to protect vulnerable
beneficiaries.
Sincerely,
Kevin Brady,
Chairman.
Richard E. Neal,
Ranking Member.
Sam Johnson,
Chairman, Subcommittee on Social Security.
John B. Larson,
Ranking Member, Subcomittee on Social Security.
Mr. BRADY of Texas. Mr. Speaker, I want to thank all the Members for
their hard work and leadership on this important issue. Particularly, I
want to express my gratitude to Chairman Johnson and Ranking Member
Larson for their dedication to improving the representative payee
program. This is a very important bill that has strong bipartisan
support. I urge my colleagues to join me in supporting its passage.
Mr. Speaker, I reserve the balance of my time.
Mr. LARSON of Connecticut. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I rise in strong support of H.R. 4547, the Strengthening
Protections for Social Security Beneficiaries Act of 2018, which the
distinguished chairman, the gentleman from Texas (Mr. Sam Johnson) and
I have introduced and on which the committee has held several hearings.
[[Page H747]]
Before I begin, I would like to acknowledge our distinguished
chairman. We on the Committee on Ways and Means are fortunate that we,
in our midst, get to work daily with two iconic American heroes: John
Lewis of Georgia and Sam Johnson of Texas. It has been my high honor to
serve as the ranking member with this great American hero and dedicated
public servant.
We all know that Mr. Johnson is indicating that he will not be
seeking reelection again. That is a great loss to the Congress and a
great homecoming for people in Plano, Texas, and his family, who richly
deserve this great American hero. He demonstrates that heroism daily in
the committee by his compassion and concern for his fellow Americans.
Much as he defended them in his service to the military, he defends
them daily here in the United States Congress.
As Chairman Brady pointed out, there is a great need within the payee
system to address a number of the concerns, as the hearings which Mr.
Johnson conducted revealed many of the inadequacies that existed. There
are currently 8 million Social Security beneficiaries who have a
representative payee to help manage their benefits, nearly half of whom
are children. In many cases, we are talking about the most vulnerable
of our citizens, many of whom cannot advocate for themselves.
That is why our bill strengthens the number of quality-of-performance
reviews by entrusting them to protection and advocacy organizations in
each State. These organizations are embedded in the communities they
serve and will be best equipped to flag and investigate instances where
payees may be abusing their beneficiaries.
Many of the State organizations have written letters of support for
H.R. 4547, including Disability Rights Connecticut. Mr. Speaker, I
include that letter in the Record.
Disability Rights Connecticut,
Hartford, CT, December 13, 2017.
Representative Sam Johnson,
Chairman, Social Security Subcommittee, Committee on Ways and
Means, Washington, DC.
Representative John B. Larson,
Ranking Member, Social Security Subcommittee, Committee on
Ways and Means, Washington, DC.
Dear Chairman Johnson and Ranking Member Larson: Thank you
for introducing the Strengthening Protections for Social
Security Beneficiaries Act of 2017 (H.R. 4547), bipartisan
legislation to improve and strengthen the Social Security
Administration's (SSA) representative payee program. This
legislation is necessary to create a permanent, independent
system of oversight to protect Social Security beneficiaries
from fraud and exploitation. It also addresses issues of
choice by beneficiaries and decreases reporting burdens on
families.
As an employee of the Connecticut protection and advocacy
system during the previous iteration of Representative Payee
reviews, I experienced how important it was to conduct on
site reviews of financial accounts but even more invaluable
to meet Social Security recipients, interview them and see
where they live. The reviews also informed other areas of
advocacy conducted by the agency and would be an asset to
Disability Rights Connecticut, the new protection and
advocacy system for Connecticut.
Disability Rights Connecticut's mission is to advocate,
educate, investigate and litigate to advance and protect the
civil rights of people with disabilities to participate,
equally and fully in the social and economic life of
Connecticut. As a protection and advocacy system we do this
through information and referral, technical assistance,
investigation, monitoring and advocacy. We also provide
training, education and outreach to empower individuals to
advocate for themselves and others.
Again, thank you for your sponsorship of H.R. 4547. Please
do not hesitate to contact me or refer your Connecticut
inquiries to Disability Rights Connecticut.
Sincerely,
Gretchen Knauff,
Executive Director.
Mr. LARSON of Connecticut. Mr. Speaker, aside from that and because
of Mr. Johnson's leadership, the bill before us today has the support
of many advocacy groups, including the AARP, the National Committee to
Preserve Social Security & Medicare, the National Disability Rights
Network, the Association of Mature American Citizens, and the National
Alliance on Mental Illness. I therefore urge my colleagues on both
sides, as Chairman Brady has indicated, to join us in voting ``yes'' on
this very important piece of legislation.
Mr. Speaker, I reserve the balance of my time.
Mr. BRADY of Texas. Mr. Speaker, I yield the balance of my time to
the gentleman from Texas (Mr. Sam Johnson), and I ask unanimous consent
that he may control that time.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Texas?
There was no objection.
Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, today I rise as chairman of the Ways and Means
Subcommittee on Social Security in support of the Strengthening
Protections for Social Security Beneficiaries Act of 2018.
My good friend from Connecticut (Mr. Larson) and I introduced this
legislation to make much-needed reforms to the Social Security
representative payee programs. Congress first authorized Social
Security to designate representative payees all the way back in 1939.
The program was last updated in 2004.
For those unfamiliar, the Social Security representative payee
program designates a payee to help manage the benefits of those who
need assistance managing their benefits. We are talking about quite a
few. In fact, you may be surprised to learn that there are about 8
million beneficiaries with payees. In my home State of Texas, we are
talking about more than 625,000 people with payees. To put a face on
this program, we are talking about folks like the aging relative or the
elderly neighbor next door, people you may know but didn't realize had
a representative payee.
With 10,000 Americans retiring every day, this vitally important
program is only going to grow in demand. But here is the problem:
multiple reports have raised serious concerns about how Social Security
administers this program.
In light of these reports, we held two hearings on the representative
payee program last year. The first hearing looked at how Social
Security decides who needs a payee. The second hearing looked at how
Social Security selects and oversees payees.
During the hearing, Social Security told us the greatest challenge
that they face is monitoring representative payee behavior. We also
learned from Social Security's inspector general that Social Security
needs to do a better job of screening payees so that only qualified
people are serving as payees. And we heard from State courts that they
are concerned about the lack of information sharing between Social
Security and States.
We can and must do better for the millions of folks who need some
help managing their Social Security benefits. This is why I have been
working with Ranking Member Larson on the bill and we are voting on it
today.
This bipartisan bill does the following: it strengthens monitoring of
payees; it reduces the burden of unnecessary forms for families; it
increases beneficiary protections; and it improves payee selection and
quality.
This commonsense legislation is supported by over 45 organizations,
including AARP, the National Council of Social Security Management
Associations, the National Disability Rights Network, the National
Committee to Preserve Social Security & Medicare, and many others.
Mr. Speaker, I include the National Council of Social Security
Management Associations and the National Disability Rights Network
letters in the Record.
National Council of Social Security Management
Associations, Inc.,
Arlington, VA, December 6, 2017.
Hon. Sam Johnson, Chairman,
Hon. John B. Larson, Ranking Member,
House of Representatives, Subcommittee on Social Security,
Committee on Ways and Means, Washington, DC.
Dear Chairman Johnson and Ranking Member Larson: On behalf
of the National Council of Social Security Management
Associations (NCSSMA) and our members throughout the nation,
I would like to thank you for your introduction of H.R. 4547,
the Strengthening Protections for Social Security
Beneficiaries Act of 2017. We very much appreciate your
leadership on this important legislation and the hard work
and dedication of the Subcommittee staff in engaging NCSSMA
and other stakeholders to ensure such a commonsense measure
that will not only benefit and protect the American public,
but also ease the administrative burden on the hardworking
employees of the Social Security Administration (SSA).
We firmly believe this legislation will better protect
those individuals who most need
[[Page H748]]
our assistance while relieving the administrative burden both
for families and SSA, ensuring that resources are focused on
programs, policies and workloads that make sense.
We sincerely appreciate the ongoing discussions we have had
with the Subcommittee regarding the Representative Payee
program and are encouraged that H.R. 4547 addresses so many
of the issues and concerns we have raised. We
enthusiastically support this legislation and look forward to
working with you to advance it through the legislative
process.
Thank you for your willingness to work with NCSSMA and the
opportunity for our organization to provide feedback not only
related to the Representative Payee program, but also on so
many other important issues related to SSA and the programs
we administer.
Thank you again for your leadership. Please do not hesitate
to contact me if you have any questions or if we can provide
additional assistance.
Sincerely,
Christopher Detzler,
NCSSMA President.
____
National Disability Rights Network,
Washington, DC, December 6, 2017.
Representative Sam Johnson,
Chairman, Social Security Subcommittee, House Ways and Means
Committee, Washington, DC.
Dear Chairman Johnson: On behalf of the National Disability
Rights Network (NDRN) and the nationwide network of fifty-
seven Protection and Advocacy systems we represent, I write
in strong support of H.R. 4547, the Strengthening Protections
for Social Security Beneficiaries Act of 2017. Enactment of
this legislation will provide critical protections for Social
Security beneficiaries as well as needed reforms to the
crucial representative payee program.
NDRN is the non-profit membership organization for the
federally mandated Protection and Advocacy (P&A) and Client
Assistance Program (CAP) systems for individuals with
disabilities. The P&A and CAP systems were established by the
United States Congress to protect the rights of people with
disabilities and their families through legal support,
advocacy, referral, and education. P&As and CAPs are in all
50 states, the District of Columbia, Puerto Rico, and the
U.S. Territories (American Samoa, Guam, Northern Mariana
Islands, and the US Virgin Islands), and there is a P&A and
CAP affiliated with the Native American Consortium which
includes the Hopi, Navajo and San Juan Southern Paiute
Nations in the Four Corners region of the Southwest.
Collectively, the P&A and CAP Network is the largest provider
of legally based advocacy services to people with
disabilities in the United States.
News stories, Office of Inspector General and Government
Accountability Office reports, and hearings held by the House
Ways and Means Committee have demonstrated the need for
changes in the representative payee program. Your legislation
proposes many important and needed changes that will
streamline the program as well as take important steps to
increase oversight of the representative payee program by
funding the nationwide network of P&A systems to monitor how
representative payees are administering the Social Security
funds received by beneficiaries.
This legislation recognizes the important oversight work
that the nationwide network of P&A systems performed for the
Social Security Administration (SSA) starting in 2009 after
it was revealed dozens of men with developmental disabilities
were abused and financially exploited at a turkey processing
plant known as Henry's Turkey Service. The company acted as
the workers' representative payee which gave them access to
the men's social security disability benefits. It was found
that in addition to physically and verbally assaulting the
men, Henry's was fraudulently using funds from the men's
social security payments.
To the Social Security Administration's (SSA) credit,
following the discovery of this theft, SSA increased
monitoring beyond reviews that they are statutorily required
to perform and began investigating whether other
organizational representative payees were exploiting the
beneficiaries they were appointed to serve. As part of this
effort, SSA turned to the federally mandated P&A system to
conduct monitoring on representative payees. The
collaboration between SSA and the P&A systems allowed SSA to
meet its goal of ensuring that payees meet the fiduciary
responsibilities they accepted when they applied to act as a
payee. The partnership not only allowed SSA to meet their
responsibilities, but also allowed the P&A systems to address
health and safety issues and other issues important to the
beneficiary but that fall outside of SSA's purview (for more
information and statistics on this program, see this report:
http://www.ndrn.orq/images/Documents/Resources/NDRN Rep Payee
Overview - July 2016.pdf). H.R. 4547 recognizes the benefits
provided by the nationwide network of P&A systems to monitor
representative payees and how they are administering the
social security benefits received by beneficiaries.
Again, we greatly appreciate your work on this important
issue culminating in the introduction of this critical
legislation. We stand ready to work with you to quickly get
this important legislation enacted into law. Should you have
any questions or need more information, please be in touch
with Eric Buehlmann, Deputy Executive Director for Public
Policy.
Sincerely,
Curt Decker,
Executive Director.
Mr. SAM JOHNSON of Texas. Mr. Speaker, I urge all Members of the
House to vote ``yes'' on this and pass the Strengthening Protections
for Social Security Beneficiaries Act of 2018 today. As I have said
before, this is too important not to get right.
Mr. Speaker, I reserve the balance of my time.
Mr. LARSON of Connecticut. Mr. Speaker, I reserve the balance of my
time.
Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield 2 minutes to the
gentleman from Nebraska (Mr. Smith).
Mr. SMITH of Nebraska. Mr. Speaker, I rise today in support of H.R.
4547, the Strengthening Protections for Social Security Beneficiaries
Act of 2018. This bill is important to two program areas under the
jurisdiction of the Subcommittee on Human Resources, which I chair:
Supplemental Security Income and child welfare.
Thank you to Chairman Johnson and Ranking Member Larson for their
work on this bill and for including Supplemental Security Income
recipients.
All individuals receiving benefits through the Social Security
Administration deserve to be protected, especially those who need the
assistance of a representative payee to manage their finances.
{time} 1615
I would specifically like to highlight the important changes this
bill would make for children involved with the foster care system,
another vulnerable population in need of protection.
H.R. 4547 requires the Social Security Administration, or SSA, to
enter into monthly data exchanges with State foster care programs to
identify when a child receiving Social Security benefits has entered or
exited foster care or changed foster care placement.
When a change occurs, SSA will now be required to redetermine the
appropriate representative payee to ensure Social Security benefits
follow the child. Additionally, the Government Accountability Office
will be required to produce a report on minor beneficiaries in foster
care and the representative payees to identify whether additional
changes are needed.
H.R. 4547 also clarifies liability for overpayments when a child is
in foster care. In cases where a Social Security beneficiary or
Supplemental Security Income recipient is overpaid while in foster care
and the State foster care agency is the payee, the beneficiary or
recipient would not be liable for the overpayment. Instead, the State
foster care agency would be required to repay SSA for the overpayment
it received.
Foster youth exiting the system have enough challenges, and paying
back an overpayment they never received should not have to be one of
them.
I am proud to cosponsor this legislation, and I encourage my
colleagues to support its passage.
Mr. LARSON of Connecticut. Mr. Speaker, I reserve the balance of my
time.
Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield 1 minute to the
gentleman from Florida (Mr. Curbelo).
Mr. CURBELO of Florida. Mr. Speaker, I thank the Subcommittee
Chairman Johnson and Ranking Member Larson for their hard work on this
legislation. I am proud to be a cosponsor of H.R. 4547, the
Strengthening Protections for Social Security Beneficiaries Act of
2018.
As a member of the Ways and Means Committee, I had the opportunity to
engage in this issue during hearings the committee held last year. I
recognize the need for reform of the representative payee program in
order to improve its integrity and ensure that beneficiaries are
getting the assistance they need.
The representative payee program helps around 8 million Social
Security beneficiaries manage their benefits. H.R. 4547 offers several
reforms that will improve the program. These include provisions that
will help better protect vulnerable beneficiaries, particularly those
who are in foster care, by allowing for enhanced information sharing
with State foster care programs. This will ensure that children in
foster care have the appropriate representative payee if there is a
change in placement. The bill also improves
[[Page H749]]
oversight of representative payees by requiring State protection and
advocacy programs to conduct reviews of payee performance.
Mr. Speaker, many Social Security beneficiaries require assistance in
managing their benefits. I appreciate the work that the Ways and Means'
Subcommittee on Social Security has done to improve the Social Security
representative payee program, and I encourage my colleagues to vote in
favor of H.R. 4547.
Mr. LARSON of Connecticut. Mr. Speaker, I continue to reserve the
balance of my time.
Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield 3 minutes to the
gentleman from Kansas (Mr. Estes).
Mr. ESTES of Kansas. Mr. Speaker, many Americans who are charged with
managing Social Security benefits for their elderly parents or for
their children struggle to make the system work. I have heard stories
from my communities in Kansas of the burdensome process that can be
involved with the representative payee program.
That is why I urge my colleagues to support H.R. 4547, the
Strengthening Protections for Social Security Beneficiaries Act of
2018. This important bipartisan piece of legislation reduces the
burdens on families by eliminating the requirement to file an annual
payee accounting form for spouses and for parents who live with their
children.
In addition, the bill protects the most vulnerable beneficiaries
through improved information sharing between the Social Security
Administration and their respective States' adult protective services,
such as KDADS in Kansas.
This will help identify whether a beneficiary is in foster care,
reassess whether the payee is appropriate, and ensure the beneficiaries
are provided for. The Social Security Administration has a great
responsibility to ensure that Americans who need help managing their
Social Security benefits get that help.
I would like to thank Chairman Johnson and Ranking Member Larson for
putting this bill together that will strengthen the representative
payee program so that it better protects beneficiaries and reduces
burdensome government paperwork that rarely provides any real value to
families. Too many Americans are counting on the Social Security
Administration to get this right.
Mr. SAM JOHNSON of Texas. Mr. Speaker, I have no other speakers. I
reserve the balance of my time.
Mr. LARSON of Connecticut. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, I again want to thank the distinguished chairman from
Texas for the very bipartisan nature of which this bill has come
together, and that doesn't happen by accident. It happens because of
the hard bipartisan work across the aisle of the staffs whom we work so
closely with.
It also means that we want to recognize Amy Shuart, Lara Rosner, Matt
Russell, Anne DeCesaro; and from my staff, Kathryn Olson, Jason Kanter,
Morna Miller; and Jill Hunter-Williams, who is with Danny Davis' staff;
and the irreplaceable Sylvia Lee from my office as well.
It is always an honor and pleasure to work with Mr. Johnson. He is,
first and foremost, a gentleman. I look forward, later in this year, to
traveling to Plano, Texas, where I hope we can have a hearing on
Social Security in general.
Mr. Johnson has a bill and I have a bill that both have the same
goals in mind, and while there may be different approaches, I know that
his great bipartisan spirit and his gentleman nature will provide the
kind of debate and dialogue that is necessary around an issue so
vitally important to all Americans as Social Security.
This is America's greatest program and one that has never missed a
payment and is often confused as being an entitlement when, in fact, it
is the insurance that people have paid for and richly deserve. It
hasn't been changed or modified significantly since Ronald Reagan and
Tip O'Neill sat down and did that back in the early 1980s.
It is long overdue, and what better person who epitomizes the values
and virtues of Ronald Reagan and who comes from Texas and who also has
a heart as big as that great State, and I know that we will be able to
come to a resolution about this very important issue that we face.
Mr. Speaker, I close by saying that it is not often, or perhaps more
often than people would surmise, that we see this bipartisan
cooperation. But it was Hubert Humphrey who said:
The ultimate moral test of any government is the way it
treats those who are in the dawn of life, the children; those
who are in the twilight of life, the elderly; and those who
are in the shadows of life, the sick, the needy, and the
handicapped.
What Mr. Johnson has done today is to epitomize those very comments
of then-Vice President Humphrey, and the Congress is responding. I
encourage everyone to vote ``yes'' on H.R. 4547, the Strengthening
Protections for Social Security Beneficiaries Act.
Mr. Speaker, I yield back the balance of my time.
Mr. SAM JOHNSON of Texas. Mr. Speaker, I yield myself such time as I
may consume.
You know, without agreement from both sides, you can't get anything
done; and without Mr. Larson, I think we would have been in deep,
serious trouble in Social Security, but he and I think alike. We are
for the people, and everything we do is trying to improve the system
over what it is today, and I thank him for his help.
Mr. Speaker, I again urge all Members of the House to vote ``yes''
and pass the Strengthening Protections for Social Security
Beneficiaries Act today so that the Senate can take action soon and
that the President can sign it into law without delay.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentleman from Texas (Mr. Sam Johnson) that the House suspend the rules
and pass the bill, H.R. 4547, as amended.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. LARSON of Connecticut. Mr. Speaker, on that I demand the yeas and
nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX, further
proceedings on this motion will be postponed.
____________________