‘‘(1) nonpayment of benefits under title II that
would otherwise be payable to the person; and
‘‘(2) ineligibility for cash benefits under title
XVI,
for each month that begins during the applicable period
described in subsection (c).
‘‘(c) DURATION OF PENALTY.—The applicable period
begins with the date the Commissioner makes a deter-
mination that the person has engaged in conduct described
in subsection (a), and the duration of the period shall be—
‘‘(1) 6 consecutive months, in the case of the
first such determination with respect to the person;
‘‘(2) 12 consecutive months, in the case of a
second such determination with respect to the per-
son; and
‘‘(3) 24 consecutive months, in the case of a
third or subsequent such determination with respect
to the person.
‘‘(d) EFFECT ON OTHER ASSISTANCE.—A person
subject to a period of nonpayment of benefits under title
II or ineligibility for title XVI benefits by reason of this
section nevertheless shall be considered to be receiving
such benefits for purposes of—
‘‘(1) determination of the eligibility of the per-
son for benefits under titles XVIII and XIX; and
‘‘(2) determination of the eligibility or amount
of benefits payable under title II or XVI to another
person.
‘‘(e) DEFINITION.—In this section, the term ‘benefits
under title XVI’ includes State supplementary payments
made by the Commissioner pursuant to an agreement
under section 1616(a) of this Act or section 212(b) of
Public Law 93–66.
‘‘(f) CONSULTATIONS.—The Commissioner of Social
Security shall consult with the Inspector General of the
Social Security Administration before initiating an action
under this section.’’.
(b) CONFORMING AMENDMENT PRECLUDING DE-
LAYED RETIREMENT CREDIT FOR ANY MONTH TO WHICH
A NONPAYMENT OF BENEFITS PENALTY APPLIES.—Sec-
tion 202(w)(2)(B) of such Act (42 U.S.C. 402(w)(2)(B))
is amended—
(1) by striking ‘‘and’’ at the end of clause (i);
(2) by striking the period at the end of clause
(ii) and inserting ‘‘, and’’; and
(3) by adding at the end the following:
‘‘(iii) such individual was not subject to a
penalty imposed under section 1129A.’’.
(c) ELIMINATION OF REDUNDANT PROVISION.—Sec-
tion 1611(e) of such Act (42 U.S.C. 1382(e)) is
amended—
(1) by striking paragraph (4);
(2) in paragraph (6)(A)(i), by striking ‘‘(5)’’
and inserting ‘‘(4)’’; and
(3) by redesignating paragraphs (5) and (6) as
paragraphs (4) and (5), respectively.
(d) REGULATIONS.—Within 6 months after the date
of the enactment of this Act, the Commissioner of Social
Security shall develop regulations that prescribe the ad-
ministrative process for making determinations under sec-
tion 1129A of the Social Security Act.
SEC. 109. EXCLUSION OF ATTORNEYS AND PHYSICIANS
CONVICTED OF VIOLATIONS FROM PARTICI-
PATION IN SOCIAL SECURITY DISABILITY
PROGRAMS.
(a) IN GENERAL.—Part A of title XI of the Social
Security Act (42 U.S.C. 1301–1320b–17) is amended by
adding at the end the following:
‘‘EXCLUSION
OF
ATTORNEYS
AND
PHYSICIANS
CON-
VICTED OF VIOLATIONS FROM PARTICIPATION IN SO-
CIAL SECURITY DISABILITY PROGRAMS
‘‘SEC. 1148. (a) IN GENERAL.—The Commissioner
of Social Security shall exclude from participation in the
social security disability programs any attorney or
physician—
‘‘(1) who is convicted of a violation of section
208 or 1632 of this Act,
‘‘(2) who is convicted of any violation under
title 18, United States Code, relating to an initial
application for or continuing entitlement to benefits
under title II of this Act, or an initial application for
or continuing eligibility for benefits under title XVI
of this Act, or
‘‘(3) who becomes subject to a penalty or as-
sessment under section 1129(a)(1)(A) of this Act.
‘‘(b) NOTICE, EFFECTIVE DATE, AND PERIOD OF
EXCLUSION.—(1) An exclusion under this section shall be
effective at such time, for such period, and upon such rea-
sonable notice to the public and to the individual excluded
as may be specified in regulations consistent with para-
graph (2).
‘‘(2) Such an exclusion shall be effective with respect
to services furnished to any individual on or after the ef-
fective date of the exclusion. Nothing in this section may
be construed to preclude, in determining disability under
title II or title XVI, consideration of any medical evidence
derived from services provided by a physician before the
effective date of the exclusion of the physician under this
section.
‘‘(3)(A) The Commissioner shall specify, in the notice
of exclusion under paragraph (1), the period of the exclu-
sion.
‘‘(B) Subject to subparagraph (C), in the case of an
exclusion under subsection (a), the minimum period of ex-
clusion shall be five years, except that the Commissioner
may waive the exclusion in the case of an individual who
is the sole source of essential services in a community. The
Commissioner’s decision whether to waive the exclusion
shall not be reviewable.
‘‘(C) In the case of an exclusion of an individual
under subsection (a) based on a conviction occurring on
or after the date of the enactment of this section, if the
individual has (before, on, or after such date) been
convicted—
‘‘(i) on one previous occasion of one or more of-
fenses for which an exclusion may be effected under
such subsection, the period of the exclusion shall be
not less than 10 years, or
‘‘(ii) on 2 or more previous occasions of one or
more offenses for which an exclusion may be effected
under such subsection, the period of the exclusion
shall be permanent.