; 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 as described in subparagraph (B)(i)(VII). ; and (B) by adding at the end the following: (vi) The Commissioner of Social Security 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 such benefits, to any person who— (I) is the custodial parent of a minor child for whom the person applies to serve; (II) is the custodial spouse of the beneficiary for whom the person applies to serve; (III) 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; (IV) is the custodial court appointed guardian of the beneficiary for whom the person applies to serve; (V) is the custodial grandparent of a minor grandchild for whom the person applies to serve; (VI) 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 (VII) 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, under Federal or State law, of a felony provided under paragraph (4), or of an attempt or a conspiracy to commit such a felony.