Page:United States Statutes at Large Volume 104 Part 2.djvu/668

 104 STAT. 1388-260 PUBLIC LAW 101-508—NOV. 5, 1990 the Secretary, and to judicial review of the Secretary's final decision, to the same extent as is provided in subsection (c). "(xi) In advance of the first payment of an individual's benefit to a representative payee under subparagraph (A)(ii), the Secretary shall provide written notice of the Secretary's initial determination to make any such payment. Such notice shall be provided to such individual, except that, if such individual— "(I) is under the age of 15, "(II) is an unemancipated minor under the age of 18, or " (III) is legally incompetent, then such notice shall be provided solely to the legal guardian or legal representative of such individual. "(xii) Any notice described in clause (xi) shall be clearly written in language that is easily understandable to the reader, shall identify the person to be designated as such individual's representative payee, and shall explain to the reader the right under clause (x) of such individual or of such individual's legal guardian or legal representative— "(I) to appeal a determination that a representative payee is necessary for such individual, "(II) to appeal the designation of a particular person to serve as the representative payee of such individual, and "(III) to review the evidence upon which such designation is based and submit additional evidence.". 42 USC 405 note. (B) REPORT ON FEASIBILITY OF OBTAINING READY ACCESS TO CERTAIN CRIMINAL FRAUD RECORDS. — As soon as practicable after the date of the enactment of this Act, the Secretary of Health and Human Services, in consultation with the Attorney General of the United States and the Secretary of the Treasury, shall study the feasibility of establishing and maintaining a current list, which would be readily available to local offices of the Social Security Administration for use in investigations undertaken pursuant to section 2050X2) or 1631(a)(2)(B) of the Social Security Act, of the names and social security account numbers of individuals who have been convicted of a violation of section 495 of title 18, United States Code. The Secretary of Health and Human Services shall, not later than July 1, 1992, submit the results of such study, together with any recommendations, to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate. (3) PROVISION FOR COMPENSATION OF QUALIFIED ORGANIZATIONS SERVING AS REPRESENTATIVE PAYEES.— (A) IN GENERAL. — (i) TITLE II.— Section 205(j) (42 U.S.C. 4050')) is amended by redesignating paragraph (4) as paragraph (5), and by inserting after paragraph (3) the following new paragraph: "(4)(A) A qualified organization may collect from an individual a monthly fee for expenses (including overhead) incurred by such organization in providing services performed as such individual's representative payee pursuant to this subsection if such fee does not exceed the lesser of— "(i) 10 percent of the monthly benefit involved, or " (ii) $25.00 per month.

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