Protecting Americans from Social Security Clawbacks Act

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.

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.

Section 1631(b)(1) of such Act (42 U.S.C. 1383(b)(1)) is amended by adding at the end the following:

(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.

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.