Sec. 101. STRONGER MONITORING OF REPRESENTATIVE PAYEES
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## 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 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 1-year period shall remain available through the end of the following 1-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 **[**[42 U.S.C. 405 note](/us/usc/t42/s405)**]** ####
(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.
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