Sec. 202. PROHIBITION ON INDIVIDUALS CONVICTED OF CERTAIN CRIMES SERVING AS REPRESENTATIVE PAYEES
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## 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 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 **[**[42 U.S.C. 405 note](/us/usc/t42/s405)**]** 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 **[**[42 U.S.C. 405 note](/us/usc/t42/s405)**]** ####
(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 **[**[42 U.S.C. 405 note](/us/usc/t42/s405)**]** 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.
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Sec. 202
PROHIBITION ON INDIVIDUALS CONVICTED OF CERTAIN CRIMES SERVING AS REPRESENTATIVE PAYEES
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