118 STAT. 498 PUBLIC LAW 108–203—MAR. 2, 2004 (ii) by redesignating items (aa) and (bb) as sub clauses (I) and (II), respectively (and adjusting the margins accordingly); and (iii) by striking ‘‘subclause (II)(bb)’’ and inserting ‘‘subclause (II)’’; and (C) by adding at the end the following: ‘‘(I) For purposes of this paragraph, the term ‘certified commu nity based nonprofit social service agency’ means a community based nonprofit social service agency which is in compliance with requirements, under regulations which shall be prescribed by the Commissioner, for annual certification to the Commissioner that it is bonded in accordance with requirements specified by the Commissioner and that it is licensed in each State in which it serves as a representative payee (if licensing is available in the State) in accordance with requirements specified by the Commis sioner. Any such annual certification shall include a copy of any independent audit on the agency which may have been performed since the previous certification.’’. (3) EFFECTIVE DATE.—The amendments made by this sub section shall take effect on the first day of the thirteenth month beginning after the date of the enactment of this Act. (b) PERIODIC ONSITE REVIEW.— (1) TITLE II AMENDMENT.—Section 205(j)(6) of such Act (42 U.S.C. 405(j)(6)) is amended to read as follows: ‘‘(6)(A) In addition to such other reviews of representative payees as the Commissioner of Social Security may otherwise con duct, the Commissioner shall provide for the periodic onsite review of any person or agency located in the United States that receives the benefits payable under this title (alone or in combination with benefits payable under title VIII or title XVI) to another individual pursuant to the appointment of such person or agency as a rep resentative payee under this subsection, section 807, or section 1631(a)(2) in any case in which— ‘‘(i) the representative payee is a person who serves in that capacity with respect to 15 or more such individuals; ‘‘(ii) the representative payee is a certified community based nonprofit social service agency (as defined in paragraph (9) of this subsection or section 1631(a)(2)(I)); or ‘‘(iii) the representative payee is an agency (other than an agency described in clause (ii)) that serves in that capacity with respect to 50 or more such individuals. ‘‘(B) Within 120 days after the end of each fiscal year, the Commissioner shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report on the results of periodic onsite reviews conducted during the fiscal year pursuant to subparagraph (A) and of any other reviews of representative payees conducted during such fiscal year in connection with benefits under this title. Each such report shall describe in detail all problems identified in such reviews and any corrective action taken or planned to be taken to correct such problems, and shall include— ‘‘(i) the number of such reviews; ‘‘(ii) the results of such reviews; ‘‘(iii) the number of cases in which the representative payee was changed and why; ‘‘(iv) the number of cases involving the exercise of expe dited, targeted oversight of the representative payee by the Deadline. Reports. 42 USC 405. Records. Regulations.
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