128
in subsection (d). Matters that were raised or that could
have been raised in a hearing before the Board or in an
appeal pursuant to subsection (d) may not be raised as
a defense to a civil action by the United States to collect
a penalty and assessment imposed under this section.
‘‘(g) Whenever the Board’s determination to impose
a penalty, assessment, or exclusion under this section with
respect to a medical provider or physician becomes final,
the provisions of section 1128A(h) shall apply.
‘‘(h) Whenever the Board has reason to believe that
any person has engaged, is engaging, or is about to engage
in any activity which makes the person subject to a civil
monetary penalty under this section, the Board may bring
an action in an appropriate district court of the United
States (or, if applicable, a United States court of any ter-
ritory) to enjoin such activity, or to enjoin the person from
concealing, removing, encumbering, or disposing of assets
which may be required in order to pay a civil monetary
penalty and assessment if any such penalty were to be im-
posed or to seek other appropriate relief.
‘‘(i)(1) The provisions of subsections (d) and (e) of
section 205 shall apply with respect to this section to the
same extent as they are applicable with respect to title
II. The Board may delegate the authority granted by sec-
tion 205(d) (as made applicable to this section) to the In-
129
spector General of the Department of Health and Human
Services for purposes of any investigation under this sec-
tion.
‘‘(2) The Board may delegate authority granted
under this section to the Inspector General of the Social
Security Administration.
‘‘(j) For purposes of this section, the term ‘State
agency’ shall have the same meaning as in section
1128A(i)(1).
‘‘(k) A principal is liable for penalties, assessments,
and exclusions under this section for the actions of the
principal’s agent acting within the scope of the agency.’’.
(2) CONFORMING AMENDMENTS.—Section 1128
of such Act (42 U.S.C. 1320a–7) is amended—
(A) in subsection (b)(7), by striking ‘‘or
section 1128B’’ and inserting ‘‘, section 1128B,
or section 1129’’;
(B) in subsection (b)(8)(B)(ii), by insert-
ing ‘‘and section 1129’’ after ‘‘section 1128A’’;
(C) in subsection (c)(1), by striking ‘‘or
under section 1128A’’ and inserting ‘‘, section
1128A, or section 1129’’;
(D) in subsection (c)(3)(A), by inserting
‘‘or section 1129’’ after ‘‘section 1128A’’;
130
(E) in subsection (d)(1), by striking ‘‘and
section 1128A’’ and inserting ‘‘, section 1128A,
and section 1129’’;
(F) in subsection (d)(2)(A), by striking ‘‘or
section 1128A’’ and inserting ‘‘, section 1128A,
or section 1129’’;
(G) in subsection (e)(1), by striking ‘‘or
section 1128A’’ and inserting ‘‘, section 1128A,
or section 1129’’;
(H) in subsection (f)(3), by inserting ‘‘,
1129,’’ after ‘‘sections 1128A’’;
(I) in subsection (g)(1), by striking ‘‘or
section 1128A’’ each place such term appears
and inserting ‘‘, section 1128A, or section
1129’’;
(J) in subsection (g)(2)(A), by inserting
‘‘and 
section 
1129(a)’’ 
after 
‘‘section
1128A(a)’’; and
(K) in subsection (h), by striking ‘‘1128A
and 1128B’’ and inserting ‘‘1128A, 1128B, and
1129’’.
(c) SSI FRAUD CONSIDERED A FELONY.—
(1) IN GENERAL.—Section 1632(a) of the So-
cial Security Act (42 U.S.C. 1383a(a)) is amended
by striking ‘‘shall’’ the 1st place such term appears
131
and all that follows and inserting ‘‘shall be fined
under title 18, United States Code, imprisoned not
more than 5 years, or both.’’.
(2) 
CONFORMING
AMENDMENT.—Section
1632(b) of such Act (42 U.S.C. 1383a(b)) is amend-
ed to read as follows:
‘‘(b)(1) If a person or entity violates subsection (a)
in the person’s or entity’s role as, or in applying to be-
come, a payee under section 1631(a)(2) on behalf of an-
other individual (other than the person’s eligible spouse),
and the violation includes a willful misuse of funds by the
person or entity, the court may also require that full or
partial restitution of funds be made to such other individ-
ual.
‘‘(2) Any person or entity convicted of a violation of
subsection (a) of this section or of section 208 may not
be certified as a payee under section 1631(a)(2).’’.
(d) AUTHORITY TO REDETERMINE ELIGIBILITY IN
DISABILITY CASES IF FRAUD IS INVOLVED, AND TO TER-
MINATE BENEFITS IF THERE IS INSUFFICIENT RELIABLE
EVIDENCE OF DISABILITY.—
(1) IN GENERAL.—Section 1631(e) of the So-
cial Security Act (42 U.S.C. 1383(e)) is amended by
adding at the end the following:
132
‘‘(6)(A) The Board shall immediately redetermine the
eligibility of an individual for benefits under this title by
reason of disability, disregarding any unreliable evidence
of disability, if there is reason to believe that fraud was
involved in the application of the individual for such bene-
fits, unless a United States attorney, or equivalent State
prosecutor, with jurisdiction over potential or actual relat-
ed criminal cases, certifies, in writing, that there is a sub-
stantial risk that redetermining such eligibility would jeop-
ardize the criminal prosecution of any person who is a sub-
ject of the investigation from which the information is de-
rived.
‘‘(B) If, after redetermining the eligibility of an indi-
vidual for benefits under this title by reason of disability,
the Board determines that there is insufficient reliable evi-
dence of disability, the Board may terminate such eligi-
bility.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on October 1,
1994, and shall apply to eligibility determinations
made before, on, or after such date.
(e) AVAILABILITY OF RECIPIENT IDENTIFYING IN-
FORMATION FROM THE INSPECTOR GENERAL, SOCIAL
SECURITY ADMINISTRATION.—
133
(1) IN GENERAL.—Section 1631(e) of the So-
cial Security Act (42 U.S.C. 1383(e)), as amended
by subsection (d) of this section, is amended by add-
ing at the end the following:
‘‘(7) As soon as the Inspector General, Social Secu-
rity Administration, has reason to believe that fraud was
involved in the application of a recipient for benefits under
this title, the Inspector General shall make available to
the Board information identifying the recipient, unless a
United States attorney, or equivalent State prosecutor,
with jurisdiction over potential or actual related criminal
cases, certifies, in writing, that there is a substantial risk
that making the information so available or redetermining
the eligibility of the recipient for such benefits would jeop-
ardize the criminal prosecution of any person who is a sub-
ject of the investigation from which the information is de-
rived.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on October 1,
1994.
(f) AUTHORITY TO USE AVAILABLE PREADMISSION
IMMIGRANT AND REFUGEE MEDICAL INFORMATION.—
(1) IN GENERAL.—Section 1631(e) of the So-
cial Security Act (42 U.S.C. 1383(e)), as amended
134
by the preceding provisions of this Act, is amended
by adding at the end the following:
‘‘(8) The Board shall request the Immigration and
Naturalization Service and the Centers for Disease Con-
trol to provide the Board with whatever medical informa-
tion either such entity has with respect to any alien who
has applied for benefits under this title to the extent that
the information is relevant to any determination relating
to such eligibility.’’.
(2) EFFECTIVE DATE.—The amendment made
by paragraph (1) shall take effect on October 1,
1994.
(g) ANNUAL REPORTS ON REVIEWS OF SSI CASES.—
The Board shall annually 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 ex-
tent to which the Board has exercised its authority to re-
view supplemental security income cases under title XVI
of the Social Security Act, and the extent to which the
cases reviewed were those that involved a high likelihood
or probability of fraud.
135
SEC. 232. DISABILITY REVIEW REQUIRED FOR SSI RECIPI-
ENTS WHO ARE 18 YEARS OF AGE.
(a) IN GENERAL.—Section 1614(a)(3)(G) of the So-
cial Security Act (42 U.S.C. 1382c(a)(3)(G)) is amend-
ed—
(1) by inserting ‘‘(i)’’ after ‘‘(G)’’; and
(2) by adding after and below the end the fol-
lowing:
‘‘(ii)(I) During the 1-year period that begins on the
date a recipient of benefits under this title by reason of
disability attains 18 years of age, the applicable State
agency or the Board (as may be appropriate) shall redeter-
mine the eligibility of the recipient for such benefits by
reason of disability, by applying the criteria used in deter-
mining eligibility for such benefits of applicants who have
attained 18 years of age.
‘‘(II) A review under subclause (I) of this clause shall
be considered a substitute for a review required under
clause (i).’’.
(b) EFFECTIVE DATE.—The amendments made by
subsection (a) shall apply to individuals who attain 18
years of age in or after the 9th month after the month
in which this Act is enacted.
136
SEC. 233. CONTINUING DISABILITY REVIEWS.
(a) IN GENERAL.—Section 1614(a)(3)(G) of such
Act (42 U.S.C. 1382c(a)(3)(G)) is amended by inserting
‘‘221(i),’’ after ‘‘221(h),’’.
(b) EFFECTIVE DATE.—The amendment made by
subsection (A) shall take effect on October 1, 1995.
SEC. 234. TECHNICAL AND CLERICAL AMENDMENTS.
(a) AMENDMENTS TO TITLE II OF THE SOCIAL SE-
CURITY ACT.—
(1) Section 201(a) of the Social Security Act
(42 U.S.C. 401(a)) is amended, in the matter follow-
ing clause (4), by striking ‘‘and and’’ and inserting
‘‘and’’.
(2) Section 202(d)(8)(D)(ii) of such Act (42
U.S.C. 402(d)(8)(D)(ii)) is amended by adding a pe-
riod at the end and by adjusting the left hand
margination thereof so as to align with section
202(d)(8)(D)(i) of such Act.
(3) Section 202(q)(1)(A) of such Act (42
U.S.C. 402(q)(1)(A)) is amended by striking the
dash at the end.
(4) Section 202(q)(9) of such Act (42 U.S.C.
402(q)(9)) is amended, in the matter preceding sub-
paragraph (A), by striking ‘‘parargaph’’ and insert-
ing ‘‘paragraph’’.
137
(5) Section 202(t)(4)(D) of such Act (42
U.S.C. 402(t)(4)(D)) is amended by inserting ‘‘if
the’’ before ‘‘Secretary’’ the second and third places
it appears.
(6) Clauses (i) and (ii) of section 203(f)(5)(C)
of such Act (42 U.S.C. 403(f)(5)(C)) are amended
by adjusting the left-hand margination thereof so as
to align with clauses (i) and (ii) of section
203(f)(5)(B) of such Act.
(7) Paragraph (3)(A) and paragraph (3)(B) of
section 205(b) of such Act (42 U.S.C. 405(b)) are
amended by adjusting the left-hand margination
thereof so as to align with the matter following
section 205(b)(2)(C) of such Act.
(8) Section 205(c)(2)(B)(iii) of such Act (42
U.S.C. 405(c)(2)(B)(iii)) is amended by striking
‘‘non-public’’ and inserting ‘‘nonpublic’’.
(9) Section 205(c)(2)(C) of such Act (42 U.S.C.
405(c)(2)(C)) is amended—
(A) by striking the clause (vii) added by
section 2201(c) of Public Law 101–624;
(B) by redesignating the clause (iii) added
by section 2201(b)(3) of Public Law 101–624,
clause (iv), clause (v), clause (vi), and the
clause (vii) added by section 1735(b) of Public
138
Law 101–624 as clause (iv), clause (v), clause
(vi), clause (vii), and clause (viii), respectively;
(C) in clause (v) (as redesignated), by
striking ‘‘subclause (I) of’’, and by striking
‘‘subclause (II) of clause (i)’’ and inserting
‘‘clause (ii)’’; and
(D) in clause (viii)(IV) (as redesignated),
by inserting ‘‘a social security account number
or’’ before ‘‘a request for’’.
(10) The heading for section 205(j) of such Act
(42 U.S.C. 405(j)) is amended to read as follows:
‘‘Representative Payees’’.
(11) The heading for section 205(s) of such Act
(42 U.S.C. 405(s)) is amended to read as follows:
‘‘Notice Requirements’’.
(12) Section 208(c) of such Act (42 U.S.C.
408(c)) is amended by striking ‘‘subsection (g)’’ and
inserting ‘‘subsection (a)(7)’’.
(13) Section 210(a)(5)(B)(i)(V) of such Act (42
U.S.C. 410(a)(5)(B)(i)(V)) is amended by striking
‘‘section 
105(e)(2)’’ 
and 
inserting 
‘‘section
104(e)(2)’’.
(14) Section 211(a) of such Act (42 U.S.C.
411(a)) is amended—
139
(A) in paragraph (13), by striking ‘‘and’’
at the end; and
(B) in paragraph (14), by striking the pe-
riod and inserting ‘‘; and’’.
(15) Section 213(c) of such Act (42 U.S.C.
413(c)) is amended by striking ‘‘section’’ the first
place it appears and inserting ‘‘sections’’.
(16) Section 215(a)(5)(B)(i) of such Act (42
U.S.C. 415(a)(5)(B)(i)) is amended by striking
‘‘subsection’’ the second place it appears and insert-
ing ‘‘subsections’’.
(17) Section 215(f)(7) of such Act (42 U.S.C.
415(f)(7)) is amended by inserting a period after
‘‘1990’’.
(18) Subparagraph (F) of section 218(c)(6) of
such Act (42 U.S.C. 418(c)(6)) is amended by ad-
justing the left-hand margination thereof so as to
align with section 218(c)(6)(E) of such Act.
(19) Section 223(i) of such Act (42 U.S.C.
423(i)) is amended by adding at the beginning the
following heading:
‘‘Limitation on Payments to Prisoners’’.
(b) RELATED AMENDMENTS.—
(1) Section 603(b)(5)(A) of Public Law 101–
649 (amending section 202(n)(1) of the Social Secu-
140
rity Act) (104 Stat. 5085) is amended by inserting
‘‘under’’ before ‘‘paragraph (1),’’ and by striking
‘‘(17), or (18)’’ and inserting ‘‘(17), (18), or (19)’’,
effective as if this paragraph were included in such
section 603(b)(5)(A).
(2) Section 10208(b)(1) of Public Law 101–
239 (amending section 230(b)(2)(A) of the Social
Security Act) (103 Stat. 2477) is amended by strik-
ing ‘‘230(b)(2)(A)’’ and ‘‘430(b)(2)(A)’’ and insert-
ing ‘‘230(b)(2)’’ and ‘‘430(b)(2)’’, respectively, effec-
tive as if this paragraph were included in such sec-
tion 10208(b)(1).
(c) CONFORMING, CLERICAL AMENDMENTS UPDAT-
ING, WITHOUT SUBSTANTIVE CHANGE, REFERENCES IN
TITLE II OF THE SOCIAL SECURITY ACT TO THE INTER-
NAL REVENUE CODE.—
(1)(A)(i) Section 201(g)(1) of such Act (42
U.S.C. 401(g)(1)) is amended—
(I) in subparagraph (A)(i), by striking
‘‘and subchapter E’’ and all that follows
through ‘‘1954’’ and inserting ‘‘and chapters 2
and 21 of the Internal Revenue Code of 1986’’;
(II) in subparagraph (A)(ii), by striking
‘‘1954’’ and inserting ‘‘1986’’;
141
(III) in the matter in subparagraph (A)
following clause (ii), by striking ‘‘subchapter E’’
and all that follows through ‘‘1954.’’ and in-
serting ‘‘chapters 2 and 21 of the Internal Rev-
enue Code of 1986.’’, and by striking ‘‘1954
other’’ and inserting ‘‘1986 other’’; and
(IV) in subparagraph (B), by striking
‘‘1954’’ each place it appears and inserting
‘‘1986’’.
(ii) The amendments made by clause (i) shall
apply only with respect to periods beginning on or
after the date of the enactment of this Act.
(B)(i) Section 201(g)(2) of such Act (42 U.S.C.
401(g)(2)) is amended by striking ‘‘section 3101(a)’’
and all that follows through ‘‘1950.’’ and inserting
‘‘section 3101(a) of the Internal Revenue Code of
1986 which are subject to refund under section
6413(c) of such Code with respect to wages (as de-
fined in section 3121 of such Code).’’, and by strik-
ing ‘‘wages reported’’ and all that follows through
‘‘1954,’’ and inserting ‘‘wages reported to the Sec-
retary of the Treasury or his delegate pursuant to
subtitle F of such Code,’’.
142
(ii) The amendments made by clause (i) shall
apply only with respect to wages paid on or after
January 1, 1995.
(C) Section 201(g)(4) of such Act (42 U.S.C.
401(g)(4)) is amended—
(i) by striking ‘‘The Board of Trustees
shall prescribe before January 1, 1981, the
method’’ and inserting ‘‘If at any time or times
the Boards of Trustees of such Trust Funds
deem such action advisable, they may modify
the method prescribed by such Boards’’;
(ii) by striking ‘‘1954’’ and inserting
‘‘1986’’; and
(iii) by striking the last sentence.
(2) Section 202(v) of such Act (42 U.S.C.
402(v)) is amended—
(A) in paragraph (1), by striking ‘‘1954’’
and inserting ‘‘1986’’; and
(B) in paragraph (3)(A), by inserting ‘‘of
the Internal Revenue Code of 1986’’ after
‘‘3127’’.
(3) Section 205(c)(5)(F)(i) of such Act (42
U.S.C. 405(c)(5)(F)(i)) is amended by inserting ‘‘or
the Internal Revenue Code of 1986’’ after ‘‘1954’’.
143
(4)(A) Section 209(a)(4)(A) of such Act (42
U.S.C. 409(a)(4)(A)) is amended by inserting ‘‘or
the Internal Revenue Code of 1986’’ after ‘‘Internal
Revenue Code of 1954’’.
(B) Section 209(a) of such Act (42 U.S.C.
409(a)) is amended—
(i) in subparagraphs (C) and (E) of para-
graph (4),
(ii) in paragraph (5)(A),
(iii) in subparagraphs (A) and (B) of para-
graph (14),
(iv) in paragraph (15),
(v) in paragraph (16), and
(vi) in paragraph (17),
by striking ‘‘1954’’ each place it appears and insert-
ing ‘‘1986’’.
(C) Subsections (b), (f), (g), (i)(1), and (j) of
section 209 of such Act (42 U.S.C. 409) are amend-
ed by striking ‘‘1954’’ each place it appears and
inserting ‘‘1986’’.
(5) Section 211(a)(15) of such Act (42 U.S.C.
411(a)(15)) is amended by inserting ‘‘of the Internal
Revenue Code of 1986’’ after ‘‘section 162(m)’’.
(6) Title II of such Act is further amended—
144
(A) in subsections (f)(5)(B)(ii) and (k) of
section 203 (42 U.S.C. 403),
(B) in section 205(c)(1)(D)(i) (42 U.S.C.
405(c)(1)(D)(i)),
(C) in the matter in section 210(a) (42
U.S.C. 410(a)) preceding paragraph (1) and in
paragraphs (8), (9), and (10) of section 210(a),
(D) in subsections (p)(4) and (q) of section
210 (42 U.S.C. 410),
(E) in the matter in section 211(a) (42
U.S.C. 411(a)) preceding paragraph (1) and in
paragraphs (3), (4), (6), (10), (11), and (12)
and clauses (iii) and (iv) of section 211(a),
(F) in the matter in section 211(c) (42
U.S.C. 411(c)) preceding paragraph (1), in
paragraphs (3) and (6) of section 211(c), and
in the matter following paragraph (6) of section
211(c),
(G) in subsections (d), (e), and (h)(1)(B)
of section 211 (42 U.S.C. 411),
(H) in section 216(j) (42 U.S.C. 416(j)),
(I) in section 218(e)(3) (42 U.S.C.
418(e)(3)),
(J) in section 229(b) (42 U.S.C. 429(b)),
145
(K) in section 230(c) (42 U.S.C. 430(c)),
and
(L) in section 232 (42 U.S.C. 432),
by striking ‘‘1954’’ each place it appears and insert-
ing ‘‘1986’’.
(d) RULES OF CONSTRUCTION.—
(1) The preceding provisions of this section
shall be construed only as technical and clerical cor-
rections and as reflecting the original intent of the
provisions amended thereby.
(2) Any reference in title II of the Social Secu-
rity Act to the Internal Revenue Code of 1986 shall
be construed to include a reference to the Internal
Revenue Code of 1954 to the extent necessary to
carry out the provisions of paragraph (1).
(e) UTILIZATION
OF NATIONAL AVERAGE WAGE
INDEX FOR WAGE-BASED ADJUSTMENTS.—
(1) DEFINITION OF NATIONAL AVERAGE WAGE
INDEX.—Section 209(k) of the Social Security Act
(42 U.S.C. 409(k)) is amended—
(A) by redesignating paragraph (2) as
paragraph (3);
(B) in paragraph (3) (as redesignated), by
striking ‘‘paragraph (1)’’ and inserting ‘‘this
subsection’’; and
146
(C) by striking paragraph (1) and insert-
ing the following new paragraphs:
‘‘(k)(1) For purposes of sections 203(f)(8)(B)(ii),
213(d)(2)(B), 
215(a)(1)(B)(ii), 
215(a)(1)(C)(ii),
215(a)(1)(D), 
215(b)(3)(A)(ii), 
215(i)(1)(E),
215(i)(2)(C)(ii), 
224(f)(2)(B), 
and 
230(b)(2) 
(and
230(b)(2) as in effect immediately prior to the enactment
of the Social Security Amendments of 1977), the term ‘na-
tional average wage index’ for any particular calendar year
means, subject to regulations of the Secretary under para-
graph (2), the average of the total wages for such particu-
lar calendar year.
‘‘(2) The Secretary shall prescribe regulations under
which the national average wage index for any calendar
year shall be computed—
‘‘(A) on the basis of amounts reported to the
Secretary of the Treasury or his delegate for such
year,
‘‘(B) by disregarding the limitation on wages
specified in subsection (a)(1),
‘‘(C) with respect to calendar years after 1990,
by incorporating deferred compensation amounts
and factoring in for such years the rate of change
from year to year in such amounts, in a manner
consistent with the requirements of section 10208 of
147
the Omnibus Budget Reconciliation Act of 1989,
and
‘‘(D) with respect to calendar years before
1978, in a manner consistent with the manner in
which the average of the total wages for each of
such calendar years was determined as provided by
applicable law as in effect for such years.’’.
(2) CONFORMING AMENDMENTS.—
(A) Section 213(d)(2)(B) of such Act (42
U.S.C. 413(d)(2)(B)) is amended by striking
‘‘deemed average total wages’’ and inserting
‘‘national average wage index’’, and by striking
‘‘the average of the total wages’’ and all that
follows and inserting ‘‘the national average
wage index (as so defined) for 1976,’’.
(B) Section 215(a)(1)(B)(ii) of such Act
(42 U.S.C. 415(a)(1)(B)(ii)) is amended—
(i) in subclause (I), by striking
‘‘deemed average total wages’’ and insert-
ing ‘‘national average wage index’’; and
(ii) in subclause (II), by striking ‘‘the
average of the total wages’’ and all that
follows and inserting ‘‘the national average
wage index (as so defined) for 1977.’’.
148
(C) Section 215(a)(1)(C)(ii) of such Act
(42 U.S.C. 415(a)(1)(C)(ii)) is amended by
striking ‘‘deemed average total wages’’ and
inserting ‘‘national average wage index’’.
(D) Section 215(a)(1)(D) of such Act (42
U.S.C. 415(a)(1)(D)) is amended—
(i) by striking ‘‘after 1978’’;
(ii) by striking ‘‘and the average of
the total wages (as described in subpara-
graph (B)(ii)(I))’’ and inserting ‘‘and the
national average wage index (as defined in
section 209(k)(1))’’; and
(iii) by striking the last sentence.
(E) Section 215(b)(3)(A)(ii) of such Act
(42 U.S.C. 415(b)(3)(A)(ii)) is amended by
striking ‘‘deemed average total wages’’ each
place it appears and inserting ‘‘national average
wage index’’.
(F) Section 215(i)(1) of such Act (42
U.S.C. 415(i)(1)) is amended—
(i) in subparagraph (E), by striking
‘‘SSA average wage index’’ and inserting
‘‘national average wage index (as defined
in section 209(k)(1))’’; and
149
(ii) by striking subparagraph (G) and
redesignating subparagraph (H) as sub-
paragraph (G).
(G) Section 215(i)(2)(C)(ii) of such Act
(42 U.S.C. 415(i)(1)(C)(ii)) is amended to read
as follows:
‘‘(ii) The Secretary shall determine and promulgate
the OASDI fund ratio for the current calendar year on
or before November 1 of the current calendar year, based
upon the most recent data then available. The Secretary
shall include a statement of the fund ratio and the na-
tional average wage index (as defined in section 209(k)(1))
and a statement of the effect such ratio and the level of
such index may have upon benefit increases under this
subsection in any notification made under clause (i) and
any determination published under subparagraph (D).’’.
(H) Section 224(f)(2) of such Act (42
U.S.C. 424a(f)(2)) is amended—
(i) in subparagraph (A), by adding
‘‘and’’ at the end;
(ii) by striking subparagraph (C); and
(iii) by striking subparagraph (B) and
inserting the following:
‘‘(B) the ratio of (i) the national average wage
index (as defined in section 209(k)(1)) for the cal-
150
endar year before the year in which such redeter-
mination is made to (ii) the national average wage
index (as so defined) for the calendar year before
the year in which the reduction was first computed
(but not counting any reduction made in benefits for
a previous period of disability).’’.
(f) TECHNICAL CORRECTIONS RELATED TO OASDI
IN
THE OMNIBUS BUDGET RECONCILIATION ACT
OF
1990.—
(1) AMENDMENTS RELATED TO PROVISIONS IN
SECTION
5103(b) RELATING
TO
DISABLED
WID-
OWS.—Section 223(f)(2) of the Social Security Act
(42 U.S.C. 423(f)(2)) is amended—
(A) in subparagraph (A), by striking ‘‘(in
a case to which clause (ii)(II) does not apply)’’;
and
(B) by striking subparagraph (B)(ii) and
inserting the following:
‘‘(ii) the individual is now able to en-
gage in substantial gainful activity; or’’.
(2) AMENDMENTS RELATED TO PROVISIONS IN
SECTION
5105(d) RELATING
TO
REPRESENTATIVE
PAYEES.—
(A) 
TITLE
II
AMENDMENTS.—Section
5105(d)(1)(A) of the Omnibus Budget Rec-
151
onciliation Act of 1990 (Public Law 101–508)
is amended—
(i) by striking ‘‘Section 205(j)(5)’’
and inserting ‘‘Section 205(j)(6)’’; and
(ii) by redesignating the paragraph
(5) as amended thereby as paragraph (6).
(B) TITLE
XVI
AMENDMENTS.—Section
1631(a)(2) of the Social Security Act (42
U.S.C. 1383(a)(2)) is amended—
(i) by redesignating subparagraphs
(E) and (F) as subparagraphs (F) and
(G), respectively; and
(ii) by inserting after subparagraph
(D) the following:
‘‘(E) RESTITUTION.—In cases where the negligent
failure of the Secretary to investigate or monitor a rep-
resentative payee results in misuse of benefits by the rep-
resentative payee, the Secretary shall make payment to
the beneficiary or the beneficiary’s representative payee of
an amount equal to such misused benefits. The Secretary
shall make a good faith effort to obtain restitution from
the terminated representative payee.’’.
(3) AMENDMENTS RELATED TO PROVISIONS IN
SECTION
5106
RELATING
TO
COORDINATION
OF
RULES UNDER TITLES II AND XVI GOVERNING FEES
152
FOR REPRESENTATIVES OF CLAIMANTS WITH ENTI-
TLEMENTS UNDER BOTH TITLES.—
(A) CALCULATION OF FEE OF CLAIMANT’S
REPRESENTATIVE BASED ON AMOUNT OF PAST-
DUE SUPPLEMENTAL SECURITY INCOME BENE-
FITS AFTER APPLICATION OF WINDFALL OFF-
SET
PROVISION.—Section 1631(d)(2)(A)(i) of
the Social Security Act (as amended by section
5106(a)(2) of the Omnibus Budget Reconcili-
ation 
Act 
of 
1990) 
(42 
U.S.C.
1383(d)(2)(A)(i)) is amended to read as fol-
lows:
‘‘(i) by substituting, in subparagraphs (A)(ii)(I)
and (C)(i), the phrase ‘(as determined before any
applicable reduction under section 1631(g), and re-
duced by the amount of any reduction in benefits
under this title or title II made pursuant to section
1127(a))’ for the parenthetical phrase contained
therein; and’’.
(B) CALCULATION OF PAST-DUE BENEFITS
FOR
PURPOSES
OF
DETERMINING
ATTORNEY
FEES IN JUDICIAL PROCEEDINGS.—
(i) IN
GENERAL.—Section 206(b)(1)
of such Act (42 U.S.C. 406(b)(1)) is
amended—
153
(I) by inserting ‘‘(A)’’ after
‘‘(b)(1)’’; and
(II) by adding at the end the fol-
lowing new subparagraph:
‘‘(B) For purposes of this paragraph—
‘‘(i) the term ‘past-due benefits’ excludes any
benefits with respect to which payment has been
continued pursuant to subsection (g) or (h) of sec-
tion 223, and
‘‘(ii) amounts of past-due benefits shall be
taken into account to the extent provided under the
rules applicable in cases before the Secretary.’’.
(ii) PROTECTION
FROM
OFFSETTING
SSI BENEFITS.—The last sentence of sec-
tion 1127(a) of such Act (as added by sec-
tion 5106(b) of the Omnibus Budget Rec-
onciliation Act of 1990) (42 U.S.C.
1320a–6(a)) is amended by striking ‘‘sec-
tion 206(a)(4)’’ and inserting ‘‘subsection
(a)(4) or (b) of section 206’’.
(4) APPLICATION OF SINGLE DOLLAR AMOUNT
CEILING TO CONCURRENT CLAIMS UNDER TITLES II
AND XVI.—
(A) IN
GENERAL.—Section 206(a)(2) of
such Act (as amended by section 5106(a)(1) of
154
the Omnibus Budget Reconciliation Act of
1990) (42 U.S.C. 406(a)(2)) is amended—
(i) by redesignating subparagraph (C)
as subparagraph (D); and
(ii) by inserting after subparagraph
(B) the following new subparagraph:
‘‘(C) In any case involving—
‘‘(i) an agreement described in subparagraph
(A) with any person relating to both a claim of enti-
tlement to past-due benefits under this title and a
claim of entitlement to past-due benefits under title
XVI, and
‘‘(ii) a favorable determination made by the
Secretary with respect to both such claims,
the Secretary may approve such agreement only if the
total fee or fees specified in such agreement does not ex-
ceed, in the aggregate, the dollar amount in effect under
subparagraph (A)(ii)(II).’’.
(B) CONFORMING
AMENDMENT.—Section
206(a)(3)(A) of such Act (as amended by sec-
tion 5106(a)(1) of the Omnibus Budget Rec-
onciliation 
Act 
of 
1990) 
(42 
U.S.C.
406(a)(3)(A)) is amended by striking ‘‘para-
graph 
(2)(C)’’ 
and 
inserting 
‘‘paragraph
(2)(D)’’.
155
(5) EFFECTIVE DATE.—Each amendment made
by this section shall take effect as if included in the
provisions of the Omnibus Budget Reconciliation Act
of 1990 to which such amendment relates.
(g) ELIMINATION OF ROUNDING DISTORTION IN THE
CALCULATION OF THE OLD-AGE, SURVIVORS, AND DIS-
ABILITY INSURANCE CONTRIBUTION AND BENEFIT BASE
AND THE EARNINGS TEST EXEMPT AMOUNTS.—
(1) ADJUSTMENT OF OASDI CONTRIBUTION AND
BENEFIT BASE.—
(A) IN GENERAL.—Section 230(b) of the
Social Security Act (42 U.S.C. 430(b)) is
amended by striking paragraphs (1) and (2)
and inserting the following:
‘‘(1) $60,600, and
‘‘(2) the ratio of (A) the national average wage
index (as defined in section 209(k)(1)) for the cal-
endar year before the calendar year in which the de-
termination under subsection (a) is made to (B) the
national average wage index (as so defined) for
1992,’’.
(B) CONFORMING AMENDMENT RELATING
TO APPLICABLE PRIOR LAW.—Section 230(d) of
such Act (42 U.S.C. 430(d)) is amended by
striking ‘‘(except that’’ and all that follows
158
‘‘(ii) the product of the corresponding ex-
empt amount which is in effect with respect to
months in the taxable year ending after 1993
and before 1995, and the ratio of—
‘‘(I) the national average wage index
(as defined in section 209(k)(1)) for the
calendar year before the calendar year in
which the determination under subpara-
graph (A) is made, to
‘‘(II) the national average wage index
(as so defined) for 1992,
with such product, if not a multiple of $10,
being rounded to the next higher multiple of
$10 where such product is a multiple of $5 but
not of $10 and to the nearest multiple of $10
in any other case.’’.
(3) EFFECTIVE DATES.—
(A) The amendments made by subsection
(a) shall be effective with respect to the deter-
mination of the contribution and benefit base
for years after 1994.
(B) The amendment made by subsection
(b) shall be effective with respect to the deter-
159
mination of the exempt amounts applicable to
any taxable year ending after 1994.
Passed the House of Representatives May 17, 1994.
Attest:
DONNALD K. ANDERSON,
Clerk.
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