Page:United States Statutes at Large Volume 104 Part 2.djvu/670

 104 STAT. 1388-262 PUBLIC LAW 101-508—NOV. 5, 1990 The Secretary shall prescribe regulations under which the Secretary may grant an exception from subclause (II)(bb) for any individual on a case-by-case basis if such exception is in the best interests of such individual. "(iii) Any qualified organization which knowingly charges or collects, directly or indirectly, any fee in excess of the maximum fee prescribed under clause (i) or makes any agreement, directly or indirectly, to charge or collect any fee in excess of such maximum fee, shall be fined in accordance with title 18, United States Code, or imprisoned not more than 6 months, or both. "(iv) This subparagraph shall cease to be effective on July 1, 1994. ". 42 USC 405 note. (B) STUDIES AND REPORTS. — (i) REPORT BY SECRETARY OF HEALTH AND HUMAN SERV- ICES. —Not later than January 1, 1993, the Secretary of Health and Human Services shall transmit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate setting forth the number and t3rpes of qualified organizations which have served as representative payees and have collected fees for such service pursuant to any amendment made by subparagraph (A). (ii) REPORT BY COMPTROLLER GENERAL. —Not later than July 1, 1992, the Comptroller General of the United States shall conduct a study of the advantages and disadvantages of allowing qualified organizations serving as representative payees to charge fees pursuant to the amendments made by subparagraph (A) and shall transmit a report to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate setting forth the results of such study. 42 USC 405 note. (4) STUDY RELATING TO FEASIBILITY OF SCREENING OF INDIVID- UALS WITH CRIMINAL RECORDS.— As soon as practicable after the date of the enactment of this Act, the Secretary of Health and Human Services shall conduct a study of the feasibility of determining the type of representative payee applicant most likely to have a felony or misdemeanor conviction, the suitability of individuals with prior convictions to serve as representative payees, and the circumstances under which such applicants could be allowed to serve as representative payees. The Secretary shall transmit the results of such study to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate not later than July 1, 1992. 42 USC 405 note. (5) EFFECTIVE DATES.— (A) USE AND SELECTION OF REPRESENTATIVE PAYEES. — The amendments made by paragraphs (1) and (2) shall take effect July 1, 1991, and shall apply only with respect to— (i) certifications of payment of benefits under title II of the Social Security Act to representative payees made on or after such date; and (ii) provisions for payment of benefits under title XVI of such Act to representative payees made on or after such date. (B) COMPENSATION OF REPRESENTATIVE PAYEES. —The amendments made by paragraph (3) shall take effect July 1,

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