TECHNICAL AND CIRICAL AMENDMENTS.

SEC. 321. TECHNICAL AND CIRICAL AMENDMENTS. (a) Amendments to Title II of the Social Security Act.— (1) Section 201(a) of the Social Security Act (42 U.S.C. 401(a)) is amended, in the matter following 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 period 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)(l)(A) of such Act (42 U.S.C. 402(q)(l)(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 subparagraph (A), by striking “parargaph” and inserting “paragraph”. 108 STAT. 1536 (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 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 2050’) 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— (A) in paragraph (13), by striking “and” at the end; and (B) in paragraph (14), by striking the period 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 inserting “subsections”. (17) Section 215(f)(7) of such Act (42 U.S.C. 415(f)(7)) is amended by inserting a period after “1990”. 108 STAT. 1537 (18) Subparagraph (F) of section 218(c)(6) of such Act (42 U.S.C. 418(c)(6)) is amended by adjusting 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)(l) of the Social Security 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 striking “230(b)(2)(A)” and “430(b)(2)(A)” and inserting “230(b)(2)” and “430(b)(2)”, respectively, effective as if this paragraph were included in such section 10208(b)(1). (c) Conforming, Clerical Amendments Updating, Without Substantive Change, References in Title II of the Social Security Act to the Internal 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”; (III) in the matter in subparagraph (A) following clause (ii), by striking “subchapter E” and ail that follows through “1954.” and inserting “chapters 2 and 21 of the Internal Revenue 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 sifter 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 defined in section 3121 of such Code).”, and by striking “wages reported” and all that follows through “1954,” and inserting “wages reported to the Secretary of the Treasury or his delegate pursuant to subtitle F of such Code,”. (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 Trust108 STAT. 1538 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”. (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 paragraph (4), (ii) in paragraph (5)(A), (iii) in subparagraphs (A) and (B) of paragraph (14), (iv) in paragraph (15), (v) in paragraph (16), and (vi) in paragraph (17), by striking “1954” each place it appears and inserting “1986”. (C) Subsections (b), (D, (g), (i)(l), and (j) of section 209 of such Act (42 U.S.C. 409) are amended 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— (A) in subsections (f)(5)(B)(ii) and (k) of section 203 (42 U.S.C. 403), (B) in section 205(c)(l)(D)(i) (42 U.S.C. 405(c)(l)(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)), (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 inserting “1986”. (d) Rules of Construction.— 108 STAT. 1539 (1) The preceding provisions of this section shall be construed only as technical and clerical corrections and as reflecting the original intent of the provisions amended thereby. (2) Any reference in title II of the Social Security 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 Wagebased 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 (C) by striking paragraph (1) and inserting the following new paragraphs: “(k) (1) For purposes of sections 203(f)(8)(B)(ii), 213(d)(2)(B), 215(a)(l)(B)(ii), 215(a)(l)(C)(ii), 215(a)(1)(D), 215(b)(3)(A)(ii), 215(i)(l)(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 ‘national average wage index’ for any particular calendar year means, subject to regulations of the Secretary under paragraph (2), the average of the total wages for such particular 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 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)(l)(B)(ii) of such Act (42 U.S.C. 415(a)(l)(B)(ii)) is amended— (i) in subclause (I), by striking “deemed average total wages” and inserting “national average wage index”; and (ii) in subclause (II), by striking “the average of the total wages” and all that follows and inserting108 STAT. 1540 “the national average wage index (as so defined) for 1977.”. (C) Section 215(a)(l)(C)(ii) of such Act (42 U.S.C. 415(a)(l)(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 subparagraph (B)(ii)(I))” and inserting “and the national average wage index (as defined in section 209(k)(l))”; 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)(l) of such Act (42 U.S.C. 415(i)(l)) is amended— (i) in subparagraph (E), by striking “SSA average wage index” and inserting “national average wage index (as defined in section 209(k)(l))”; and (ii) by striking subparagraph (G) and redesignating subparagraph (H) as subparagraph (G). (G) Section 215(i)(2)(C)(ii) of such Act (42 U.S.C. 415(i)(l)(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 national average wage index (as defined in section 209(k)(l)) 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)(l)) for the calendar year before the year in which such redetermination 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 widows.— 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 108 STAT. 1541 (B) by striking subparagraph (B)(ii) and inserting the following: “(ii) the individual is now able to engage 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 Reconciliation 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 representative payee results in misuse of benefits by the representative 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 for representatives of claimants with entitlements under both titles.— (A) Calculation of fee of claimant’s representative based on amount of past-due supplemental security income benefits after application of windfall offset provision.— Section 1631(d)(2)(A)(i) of the Social Security Act (as amended by section 5106(a)(2) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 1383(d)(2)(A)(i)) is amended to read as follows: “(i) by substituting, in subparagraphs (A)(ii)(I) and (C)(i), the phrase ‘(as determined before any applicable reduction under section 1631(g), and reduced 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)(D) is amended— (I) by inserting “(A)” after “(b)(1)”; and (II) by adding at the end the following 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 section 223, and “(ii) amounts of past-due benefits shall be determined before any applicable reduction under section 1127(a).”. 108 STAT. 1542 (ii) Protection from offsetting ssi benefits.— The last sentence of section 1127(a) of such Act (as added by section 5106(b) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 1320a-6(a)) is amended by striking “section 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 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 entitlement 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 exceed, 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 section 5106(a)(1) of the Omnibus Budget Reconciliation Act of 1990) (42 U.S.C. 406(a)(3)(A)) is amended by striking “paragraph (2)(C)” and inserting “paragraph (2)(D)”. (5) Effective date.— Each amendment made by this subsection shall take effect as if included in the provisions of the Omnibus Budget Reconciliation Act of 1990 to which such amendment relates, except that the amendments made by paragraph (3)(B) shall apply with respect to favorable judgments made after 180 days after the date of the enactment of this Act. (g) Elimination of Rounding Distortion in the Calculation of the Old-Age, Survivors, and Disability 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)(l)) for the calendar year before the calendar year in which the determination 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 through the end and inserting “(except that, for purposes of subsection (b) of such section 230 as so in effect, the108 STAT. 1543 reference to the contribution and benefit base in paragraph (1) of such subsection (b) shall be deemed a reference to an amount equal to $45,000, each reference in paragraph (2) of such subsection (b) to the average of the wages of all employees as reported to the Secretary of the Treasury shall be deemed a reference to the national average wage index (as defined in section 209(k)(l)), the reference to a preceding calendar year in paragraph (2)(A) of such subsection (b) shall be deemed a reference to the calendar year before the calendar year in which the determination under subsection (a) of such section 230 is made, and the reference to a calendar year in paragraph (2)(B) of such subsection (b) shall be deemed a reference to 1992).”. (C) Adjustment of contribution and benefit base applicable in determining years of coverage for purposes of special minimum primary insurance amount.— Section 215(a)(l)(C)(ii) of such Act is amended by striking “(except that” and all that follows through the end and inserting “(except that, for purposes of subsection (b) of such section 230 as so in effect, the reference to the contribution and benefit base in paragraph (1) of such subsection (b) shall be deemed a reference to an amount equal to $45,000, each reference in paragraph (2) of such subsection (b) to the average of the wages of all employees as reported to the Secretary of the Treasury shall be deemed a reference to the national average wage index (as defined in section 209(k)(l)), the reference to a preceding calendar year in paragraph (2)(A) of such subsection (b) shall be deemed a reference to the calendar year before the calendar year in which the determination under subsection (a) of such section 230 is made, and the reference to a calendar year in paragraph (2)(B) of such subsection (b) shall be deemed a reference to 1992).”. (2) Adjustment of earnings test exempt amount.— Section 203(f)(8)(B)(ii) of the Social Security Act (42 U.S.C. 403(f)(8)(B)(ii)) is amended to read as follows: “(ii) the product of the corresponding exempt 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)(l)) for the calendar year before the calendar year in which the determination under subparagraph (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 paragraph (1) shall be effective with respect to the determination of the contribution and benefit base for years after 1994. (B) The amendment made by paragraph (2) shall be effective with respect to the determination of the exempt amounts applicable to any taxable year ending after 1994. 108 STAT. 1544 (h) Technical Amendments To Title XVI.— (1) Section 1631 of the Social Security Act (42 U.S.C. 1383) is amended— (A) in the 1st subsection (n), by striking “subsection” and inserting “title”; and (B) by redesignating the 2nd subsection (n) as subsection (o). (2) Section 1613(a) of such Act (42 U.S.C. 1382b(a)) is amended— (A) by striking “and” at the end of paragraph (9); (B) by striking the period at the end of the 1st paragraph (10) and inserting “; and”; and (C) by redesignating the 2nd paragraph (10) as paragraph (11). (3) Effective date.— The amendments made by this subsection shall take effect on the date of the enactment of this Act.