Social Security Temporary Emergency Payee Act

Social Security Temporary Emergency Payee Act - Amends title II (Old Age, Survivors and Disability) (OASDI) of the Social Security Act to require the Commissioner of Social Security, if the Commissioner or a court of competent jurisdiction determines that the representative payee for an individual has died, has misused any individual's benefit, or has otherwise become unable or unwilling to continue as a representative payee, to: (1) revoke immediately certification for payment of the individual's benefits to such representative payee; (2) certify payment of such benefits, on a permanent or temporary basis, to a qualified organization to serve as a substitute representative payee; or (3) certify payments of such benefits to the individual directly if it would serve the individual's interests.

Prohibits the deferral of benefits payments directly to an individual during the selection of a substitute representative payee in any case in which a representative payee has previously been designated for the individual.

[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4401 Introduced in House (IH)]

113th CONGRESS
  2d Session
                                H. R. 4401

    To amend title II of the Social Security Act to provide for the 
  immediate designation of substitute representative payees, and for 
                            other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             April 4, 2014

 Mr. Schrader (for himself and Ms. Bonamici) introduced the following 
      bill; which was referred to the Committee on Ways and Means

_______________________________________________________________________

                                 A BILL


 
    To amend title II of the Social Security Act to provide for the 
  immediate designation of substitute representative payees, and for 
                            other purposes.

    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 ``Social Security Temporary Emergency 
Payee Act''.

SEC. 2. SUBSTITUTE REPRESENTATIVE PAYEES.

    (a) In General.--Section 205(j)(1) of the Social Security Act (42 
U.S.C. 405(j)(1)) is amended--
            (1) in subparagraph (A), by striking the second sentence; 
        and
            (2) by adding at the end the following:
    ``(C) If the Commissioner of Social Security or a court of 
competent jurisdiction determines that the representative payee for an 
individual has died, has misused any individual's benefit paid to such 
representative payee pursuant to this subsection or section 807 or 
1631(a)(2), or has otherwise become unable or unwilling to continue 
serving as a representative payee, the Commissioner of Social Security 
shall--
            ``(i) immediately revoke certification for payment of the 
        individual's benefits to such representative payee; and
            ``(ii)(I) notwithstanding paragraph (2), as of the date of 
        the revocation required under clause (i), certify payment of 
        such benefits, on a permanent or temporary basis, to a 
        qualified organization (as defined in paragraph (4)(B)) to 
        serve as a substitute representative payee for the individual; 
        or
            ``(II) if the interest of the individual under this title 
        would be served thereby, certify payment of such benefits to 
        the individual.''.
    (b) No Deferral of Benefit Payment During Selection of Substitute 
Payee.--Section 205(j)(2)(D) of such Act (42 U.S.C. (j)(2)(D)) is 
amended--
            (1) in clause (i), by striking ``clause (ii)'' and 
        inserting ``clauses (ii) and (iii)'';
            (2) by redesignating clause (iii) as clause (iv); and
            (3) by inserting after clause (ii) the following:
    ``(iii) This subparagraph shall not apply with respect to the 
selection of a representative payee for an individual in any case in 
which a representative payee has previously been designated for such 
individual.''.
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