[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.

                          ____________________