118 STAT. 497 PUBLIC LAW 108–203—MAR. 2, 2004 the meaning of the term ‘use and benefit’ for purposes of this clause.’’. (d) EFFECTIVE DATE.—The amendments made by this section shall apply to any case of benefit misuse by a representative payee with respect to which the Commissioner of Social Security makes the determination of misuse on or after January 1, 1995. SEC. 102. OVERSIGHT OF REPRESENTATIVE PAYEES. (a) CERTIFICATION OF BONDING AND LICENSING REQUIREMENTS FOR NONGOVERNMENTAL ORGANIZATIONAL REPRESENTATIVE PAYEES.— (1) TITLE II AMENDMENTS.—Section 205(j) of the Social Security Act (42 U.S.C. 405(j)) is amended— (A) in paragraph (2)(C)(v), by striking ‘‘a community based nonprofit social service agency licensed or bonded by the State’’ in subclause (I) and inserting ‘‘a certified community based nonprofit social service agency (as defined in paragraph (9))’’; (B) in paragraph (3)(F), by striking ‘‘community based nonprofit social service agencies’’ and inserting ‘‘certified community based nonprofit social service agencies (as defined in paragraph (9))’’; (C) in paragraph (4)(B), by striking ‘‘any community based nonprofit social service agency which is bonded or licensed in each State in which it serves as a representative payee’’ and inserting ‘‘any certified community based non profit social service agency (as defined in paragraph (9))’’; and (D) by adding after paragraph (8) (as added by section 101(a)(2) of this Act) the following: ‘‘(9) For purposes of this subsection, 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.’’. (2) TITLE XVI AMENDMENTS.—Section 1631(a)(2) of such Act (42 U.S.C. 1383(a)(2)) is amended— (A) in subparagraph (B)(vii), by striking ‘‘a community based nonprofit social service agency licensed or bonded by the State’’ in subclause (I) and inserting ‘‘a certified community based nonprofit social service agency (as defined in subparagraph (I))’’; (B) in subparagraph (D)(ii)— (i) by striking ‘‘or any community based’’ and all that follows through ‘‘in accordance’’ in subclause (II) and inserting ‘‘or any certified community based non profit social service agency (as defined in subparagraph (I)), if the agency, in accordance’’; Records. Regulations. Applicability. 42 USC 405 note.
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