P.L. 115–165, Approved April 13, 2018 (132 Stat. 1257)

SEC. 101. STRONGER MONITORING OF REPRESENTATIVE PAYEES.

(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. 103. PROTECTING BENEFICIARIES THROUGH INFORMATION SHARING.

(a) Information Sharing to Determine State Foster Care Status.—

(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

(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. 105 REPORTS.

(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 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.

SEC. 201. ADVANCE DESIGNATION OF REPRESENTATIVE PAYEES.

(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

(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.

SEC. 203. (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).