Page:United States Statutes at Large Volume 104 Part 2.djvu/695

 PUBLIC LAW 101-508 —NOV. 5, 1990 104 STAT. 1388-287 this section that individuals are under disabilities (as defined in section 216(i) or 223(d)), the Secretary shall review— "(i) at legist 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) 42 USC 421 note, shall apply with respect to determinations made by State agencies in fiscal years after fiscal year 1990. SEC. 5129. RECOVERY OF OASDI OVERPAYMENTS BY MEANS OF REDUC- TION IN TAX REFUNDS. (a) ADDITIONAL METHOD OF RECOVERY. — Section 204(a)(1)(A) (42 U.S.C. 404(a)(1)(A)) is amended by inserting after "payments to such overpaid person," the following: "or shall obtain recovery by means of reduction in tax refunds based on notice to the Secretary of the Treasury as permitted under section 3720A of title 31, United States Code,". (b) RECOVERY BY MEANS OF REDUCTION IN TAX REFUNDS. — Section 3720A of title 31, United States Code (relating to collection of debts owed to Federal Eigencies) is amended— (1) in subsection (a), by striking "OASDI overpayment and"; (2) by redesignating subsection (f) as subsection (g); and (3) by inserting the following new subsection after subsection (e): "(fKl) Subsection (a) shall apply with respect to an OASDI overpayment made to any individual only if such individual is not currently entitled to monthly insurance benefits under title II of the Social Security Act. "(2)(A) The requirements of subsection (b) shall not be treated as met in the case of the recovery of an OASDI overpayment from any individual under this section unless the notification under subsection (b)(1) describes the conditions under which the Secretary of Health and Human Services is required to waive recovery of an overpayment, as provided under section 204(b) of the Social Security Act. "(B) In any case in which an individual files for a waiver under section 204(b) of the Social Security Act within the 60-day period referred to in subsection (b)(2), the Secretary of Health and Human Services shall not certify to the Secretary of the Treasury that the debt is valid under subsection (b)(4) before rendering a decision on the waiver request under such section 204(b). In lieu of payment, pursuant to subsection (c), to the Secretary of Health and Human Services of the amount of any reduction under this subsection based

�