MODIFICATION OF THE PREEFFECTUATION REVIEW REQUIREMENT APPLICABLE TO DISABILITY INSURANCE CASES.

SEC. 5128. MODIFICATION OF THE PREEFFECTUATION REVIEW REQUIREMENT APPLICABLE TO DISABILITY INSURANCE CASES. (a) In General.—Section 221(c)(3) (42 U.S.C. 421(c)(3)) is amended to read as follows: “(3)(A) In carrying out the provisions of paragraph (2) with respect to the review of determinations made by State agencies pursuant to 104 STAT. 1388–287this section that individuals are under disabilities (as defined in section 216(i) or 223(d)), the Secretary shall review— “(i) at least 50 percent of all such determinations made by State agencies on applications for benefits under this title, and “(ii) other determinations made by State agencies pursuant to this section to the extent necessary to assure a high level of accuracy in such other determinations. “(B) In conducting reviews pursuant to subparagraph (A), the Secretary shall, to the extent feasible, select for review those determinations which the Secretary identifies as being the most likely to be incorrect. “(C) Not later than April 1, 1992, and annually thereafter, the Secretary shall submit to the Committee on Ways and Means of the House of Representatives and the Committee on Finance of the Senate a written report setting forth the number of reviews conducted under subparagraph (A)(ii) during the preceding fiscal year and the findings of the Secretary based on such reviews of the accuracy of the determinations made by State agencies pursuant to this section.”. (b) Effective Date.—The amendment made by subsection (a) shall apply with respect to determinations made by State agencies in fiscal years after fiscal year 1990.