Page:United States Statutes at Large Volume 104 Part 2.djvu/674

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104 STAT. 1388-266 PUBLIC LAW 101-508—NOV. 5, 1990 misuse of funds, how any such cases were dealt with by the Secretary, the final disposition of such cases, including any criminal penalties imposed, and such other information as the Secretary determines to be appropriate.". (B) TITLE XVI.— Section 1631(a)(2)(E) (42 U.S.C. 1383(a)(2)(E)), as so redesignated by subsection (c)(2) of this section, is amended to read as follows: "(E) The Secretary shall include as a part of the annual report required under section 704 information with respect to the implementation of the preceding provisions of this paragraph, including— "(i) the number of cases in which the representative payee was changed; "(ii) the number of cases discovered where there has been a misuse of funds; "(iii) how any such cases were dealt with by the Secretary; "(iv) the final disposition of such cases (including any criminal penalties imposed); and "(v) such other information as the Secretary determines to be appropriate.". 42 USC 405 note. (2) EFFECTIVE DATE.— The amendments made by paragraph (1) shall apply with respect to annual reports issued for years after 1991. (3) FEASIBILITY STUDY REGARDING INVOLVEMENT OF DEPART- MENT OF VETERANS AFFAIRS. —As soon as practicable after the date of the enactment of this Act, the Secretary of Health and Human Services, in cooperation with the Secretary of Veterans Affairs, shall conduct a study of the feasibility of designating the Department of Veterans Affairs as the lead agency for purposes of selecting, appointing, and monitoring representative payees for those individuals who receive benefits paid under title II or XVI of the Social Security Act and benefits paid by the Department of Veterans Affairs. Not later than 180 days after the date of the enactment of this Act, the Secretary of Health and Human Services shall transmit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a report setting forth the results of such study, together with any recommendations. SEC. 5106. FEES FOR REPRESENTATION OF CLAIMANTS IN ADMINISTRA- TIVE PROCEEDINGS. (a) IN GENERAL.— (1) TITLE IL—Subsection (a) of section 206 (42 U.S.C. 406(a)) is amended— (A) by inserting "(1)" after "(a)"; (B) in the fifth sentence, by striking "Whenever" and inserting "Except as provided in paragraph (2)(A), whenever"; and (C) by striking the sixth sentence and all that follows through "Any person who" in the seventh sentence and inserting the following: "(2)(A) In the case of a claim of entitlement to past-due benefits under this title, if— "(i) an agreement between the claimant and another person regarding any fee to be recovered by such person to compensate such person for services with respect to the claim is presented in