Page:United States Statutes at Large Volume 104 Part 2.djvu/669

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PUBLIC LAW 101-508—NOV. 5, 1990 104 STAT. 1388-261 Any agreement providing for a fee in excess of the amount permitted under this subparagraph shall be void and shall be treated as misuse by such organization of such individual's benefits. "(B) For purposes of this paragraph, the term 'qualified organization' means any community-based nonprofit social service agency which is bonded or licensed in each State in which it serves as a representative payee and which, in accordance with any applicable regulations of the Secretary— "(i) regularly provides services as the representative payee, pursuant to this subsection or section 1631(a)(2), concurrently to 5 or more individuals, "(ii) demonstrates to the satisfaction of the Secretary that such agency is not otherwise a creditor of any such individual, and "(iii) was in existence on October 1, 1988. The Secretary shall prescribe regulations under which the Secretary may grant an exception from clause (ii) for any individual on a caseby-case basis if such exception is in the best interests of such individual. "(C) Any qualified organization which knowingly charges or collects, directly or indirectly, any fee in excess of the maximum fee prescribed under subparagraph (A) 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. "(D) This paragraph shall cease to be effective on July 1, 1994.". (ii) TITLE XVI.— Section 1631(a)(2) (42 U.S.C. 1383(a)(2)) is amended— (I) by redesignating subparagraph (D) as subparagraph (E); (III) ^2 by inserting after subparagraph (C) the following: "(D)(i) 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 subparagraph (A)(ii) if the fee does not exceed the lesser of— "(I) 10 percent of the monthly benefit involved, or "(II) $25.00 per month. Any agreement providing for a fee in excess of the amount permitted under this clause shall be void and shall be treated as misuse by the organization of such individual's benefits. "(ii) For purposes of this subparagraph, the term 'qualified organization' means any community-based nonprofit social service agency which— "(I) is bonded or licensed in each State in which the agency serves as a representative payee; "(II) in accordance with any applicable regulations of the Secretary— "(aa) regularly provides services as a representative payee pursuant to subparagraph (A)(ii) or section 205(j)(4) concurrently to 5 or more individuals; "(bb) demonstrates to the satisfaction of the Secretary that such agency is not otherwise a creditor of any such individual; and "(cc) was in existence on October 1, 1988.

  • ^ So in original. Probably should be "(II)".