[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9385 Introduced in House (IH)]
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118th CONGRESS
2d Session
H. R. 9385
To amend the Social Security Act to place limitations on recovery of
overpayments under titles II and XVI.
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IN THE HOUSE OF REPRESENTATIVES
August 20, 2024
Mr. Carey (for himself and Mrs. Sykes) introduced the following bill;
which was referred to the Committee on Ways and Means
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A BILL
To amend the Social Security Act to place limitations on recovery of
overpayments under titles II and XVI.
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 ``Protecting Americans from Social
Security Clawbacks Act''.
SEC. 2. LIMITATION ON RECOVERY OF OVERPAYMENTS.
(a) Title II Amendment.--
(1) In general.--Section 204(a)(1)(A) of the Social
Security Act (42 U.S.C. 404(a)(1)(A)) is amended--
(A) by striking ``With respect'' and inserting
``(i) With respect''; and
(B) by adding at the end the following:
``(ii) In any case in which the Commissioner finds that
more than the correct amount of payment has been made to a
person, recovery from the person may not be made if--
``(I) the overpayment occurred more than 3 years
before the date of the finding; and
``(II) the overpayment was a result of error on the
part of the Commissioner.
``(iii) Clause (ii) shall not apply to a person if the
Commissioner determines that the person has ever committed
fraud or similar fault with respect to the program under this
title.''.
(2) Conforming amendment.--Section 204(a)(2) of such Act
(42 U.S.C. 404(a)(2)) is amended by striking
``Notwithstanding'' and inserting ``Subject to clauses (ii) and
(iii) of paragraph (1)(A), but notwithstanding''.
(b) Title XVI Amendments.--
(1) In general.--Section 1631(b)(1) of such Act (42 U.S.C.
1383(b)(1)) is amended by adding at the end the following:
``(C)(i) In any case in which the Commissioner finds that more than
the correct amount of payment has been made to a person, recovery from
the person may not be made if--
``(I) the overpayment occurred more than 3 years before the
date of the finding; and
``(II) the overpayment was a result of error on the part of
the Commissioner.
``(ii) Clause (i) shall not apply to a person if the Commissioner
determines that the person has ever committed fraud or similar fault
with respect to the program under this title.''.
(2) Conforming amendment.--Section 1631(b)(2) of such Act
(42 U.S.C. 1383(b)(2)) is amended by striking
``Notwithstanding'' and inserting ``Subject to paragraph
(1)(C), but notwithstanding''.
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